The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-13 00:00:00

COURT OP COMMON PLEAS, &Trailer, Dic. 11.

[Atioirruct Sittings is Landon, Mfb►e the Omits 'vs', ter and •
Common Jory.l
/WALLS V. DAVIS.
Mr. Sergeant Prt.t. stated, that this was an action which the
plaintiff had been under the necessity of bringing, to mover da-
rouges for a most violent and improper assault, c•tnmitted upon
Mut by the defendant. if the rase should be proved, as he sr la-
structed it would he, he thought it was one which -
serving of ennsiderable damages at the hands of the
amount of those damages was entirely in their discretion,
in eve—y other ease of a similar nature. If be was pet
strueted as to the facts of this ca.e, he thought the jury •
m,inion. that the plaintiff was fully justified in bringing
'fie plaintiff was a yiiur, and the defendant was a man
resting in Welby's or the County terrace, Kent-road.
thr parties was very disproportionate; the plaintiff was
great strength or size, and the defendant a man of large
great muscular powers,
Sir. Serena% VAI/OSAX said tbere were three azt,

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between these parties, and he asked whether the plaintiff would
egret to make them all the subject of reference.
3k. Sergeant Paw- continued—His Learned Brother should not
hare said that aloud. It formed no part of the present case—the
Jury were not now assembled to know what was to be dote with
thee- three actions. end if his Learned Brother bad any offer to
!rake et should have been made privately. Ile thought that the
Jury weutd agree edit him that it was an action which had very
?meetly been brought. The law was made fur the protection of
individeata, and unless the law would protect • man whet. he
was %malted in his feelings, and attacked and injured in his
preset,. that man would return violence for violence, and each in-
err dual esoulil depend. on his strength alone for that redress
web sin be could obtain in no other way. He said this, because he
knew he rhotthl cot hive an opportunity of again addressing the
hey might depend open it, that no witnesses would be
relied by the defendant's Counsel. Ile shock, auto proceed to
the facts of the ewe, which were simply these :—On the 9th or
July last the plaintiff was rear the place where the defendant
Le. et„ and e.ther before the defendant's house, or before the Imam
of a person Lamed Lock, of whom the Jury would afterwards
hear, there was a piece of water. The plaintiff was accompanied
by a Newfoundland dog. which he sent into this water. Luck
egme up to him and tome dispute probably arose between them.
Nothing could be snore temperate than the plaintiff's conduct ; but
while he and Lock were talking together the defend:at came up,
and without the slightest provocation struck the plaintiff; and
kumeted tern down. Stich, at least, he was instructed would be
!tutted. Ile trusted that be 'bottle not be found to have overstated
the case on the part of his client • but he was informed, that when
the pleietit was on the round, the defendant had both struck and
kicked him. The plaintiff was a 113101. as he had before said, of
less streerth and size than the defendant; and the question would
be, *bather in this instance he had not grossly abused the superior
}ricer he possessed. •He maned to have admitted the facts stated
rte the decleretion, at least so far as to acknowledge himself guilty
of the assault, as he bed put no plea upon the record but the
general issue. The plaintiff' must therrece have a verdict, with
some datonters ; aid the question would be. what should be their
umeent ? He was told that the pinintill hail suffered much pain
set the dine, and that he was afterwards ill. Here was a case of a
v.O:-n: and an unprovoked assault ; end if the defendant should
tiliElltpt this day in any manner to inflict an additional injury on
the ferlinen of the plaintiff, he would do himself harm by such a
line a corduct.
Win. Draper—l live in County Terrace, Kent Road. The dee
feadent lives near me, as does also Mr. Lock. On the 9th of July
last I was standing at my window, and saw the plaintiff sending a
slog into a piece of water that is before the terrace. There was a
seseitte between Lock and the plaintiff; the deiendant was walk-
Mg backwards and forwards on the terrace at the time; the plain-
tiff went up to Mr. Lock, and spoke to him, but what be said I
CSOPtit tell; by his motions and gestures I should suppose he was
tieing Lock's ad.lrees—Lock pointed to his own house, which is
tree dour to mine. The defendant came up and sezed the plain-
t:ll by the colkir, or the throat, or the handkerchief— I cannot tell
which, mid endeavoured to throw hint down with violence, in
which he succeeded. When plaintiff we, on the ground, de.
tendant continued to shake bun, and knocked his head on the
ground in a way that I thought very savage. This was done in
a very viulere manner ; the violence with which it was :done was so
great that I run out to interfere. A number of persons who were
*trading in time road, looking the iron railings, also rushed out of
the rowel to prevent any further violence. Plaintill then rose and
defendant dinusted ; plaintiff's hat had been knocked off, his
clothes were much disordered, and he scented to be suffering
considerable pato.
Mr. SSfjeaUt VAUGHAN' then addressed the Jury for the defend.
ant. Ile oiserved that he had had some experience in Court : he
ii eel pissed the better part of his life there but lie must confess
teat he scarcely remembered a more insighiticant case than the pre.
snit. Whet were the hens ? Why 'imply these :—The little
tailor eel guise with three dogs, larger than himself (here the
pleintitf bowed to the Learned Serjeante fur the purpose of giving
• II nut himself, • washing ; and perhaps it was natural he
%Weld do so. after si • gun the shop-board till tiny leng, in the
beginning of sultry July. Among his cloths, his fleas, and his
dome, it was natural enough fie him to wish for a washing for him-
self and them. As, however, he could not give himself a wash-
.-e, he determined to give his dog one. But there was • time and
place fur all things--at least, r.r said the proverb, which site little
veer had thought fit to dinegard, and lie had gone with 'nis dogs
to s place wiser,: there was a pure of sater, which it was the with
zed interest t f the inhabitants to meow in • state of purity, and
erre he be: as by being a trespasser, sod ended by getting unto a
passion, when lie was iclTlollitT.lteti with on the impropriety of his
conduct. Unluckily the defendant hail not imitated the example
rut' the plaintiff; he had not gone, like his adversary, to a fanciful
special pleader ; in consequence of which, no plea but that of the
general issue had been put upon the record, and the defendant
timed call no evidence to justify him in having made the assault
with which lie was charger!. But was not sufficient justification
made nut by the plaintiff's own eridence. The Jury would teach the
{Plaintiff what the surgeon dead.' have taught him by reducing his
system—tor they would let lain know that in such a case as this
be could never hope to recover more titan nominal damages. We
regret that we are unable to give even the slightest idea of the ha.
neourtrus tune and manner with which this speech was delivered,
and in which the Learned Sergeant was frequently interrupted by
roars of laughter from all present.
The CrllEr JUSTICE stated the nature of the action, and said,
that as the pleadings and evidence now stood, the plaintiff must
have a verdict. The only remaining question fur the Jury was,
what shoule be the amount of the damages. They had just heard
an extremely pleasant speeli from the defendant's Coons--I, but
they were to look to tacos slime, and to say on these facts, whether.
(tough the plaintiff' was a trespasser, the *defendant had not used
snore violence than was justifiable. Had he been able to have
,testified lots conduct he might have called Lock, and as he had
not done eo, it must be taken that he telnetted what had been
stated in evidence to be true. There certainly did appear to have
hem &little provocation in the plaintiff's wasting his dug in that
piece of water. 'illicit the tnhabitants of this terrace wished to keep
tlean and sweet, and the defendant might have been irritated tan
that accetint ; but still he tete Chief Justice) could not approve of
the subsequent conduct of the defendant. A great deal' had
I lately been said respecting boxing. It might have produced some
good, and it certainly had produced much evil, but there was one
benefit at least resulting from it; no English boxer would ever
strike, mach more kick, a man when he was on the ground. If a
ma. knocked another down, and proceeded to use violence towards
les fallen foe. when that foe had been deprived of time power of re-
mstance. be must pay fur so doing. 'Ehe Jury, however, would
tike all the circudistance-9 into their consideration, and give such
damages as appeared to them best calm/sled to meet the justice of
tee ease.
The Jury, after a short consultation, returned a verdict for the
•pkintiff--llamages 10:.
Tie entre JUSTICT sat in the Old Court to.day, as the
mesas taken for warning the New Court had not yet been carried
ato enct. On taking his seat his Lordship observed, that this
Court was certainly rot so cold as the other, but that it was much
WO U.llll few tee administration of public justice.
la ti's course of the day an intimetion was conveyed to the
Chid" Justice, that there were several pickpockets in Court ; upon
whit!. his froniallip observed, that it' these persons should attempt
to primer :heir skill there, they trial subject themselves to a very
differed punishment to what they might expect; fix that the
puniehment of epieleleg pockets In a Court of Justice, was to have
tee band cut off.