The British Press; or, Morning Literary Advertiser.
London, England, 1818-04-13 00:00:00

PALACE. COURT, WESTMINSTER.

INDECENT (MENTIONS TO wiTNrssEs.
BILLING VeTSIIS SMITII.

This was on action brought by Jr. Billing, a
gentleman who holds a respectable situation in the
Bonk of England, against his landlord (the De-
fesidasii), fur having with violence and farce of arms
broken into the Plaintiff's opal-Intents, at No. 3,
Park-place, Islington, strewing his furniture about
the room, and beating his servant in it very violent
manner. The damages were laid at 141.
Mr. AGAR. with his usual ability, stated the
case to the Jury ; but it was, however, more fully
developed by the following evident e :
Rebecca Dixon is servant to 11w Plaintiff, who in
last January resided at Defendant's house in Isling-
ton. On the 27th of that month, Defendant and
his wife came into the kitchen of Mr. Billing, where
witness was preparing Use dinner, and abused her
very grossly, Defendant saying he would " put her
head behind the rite." Next day when Mr. Billing
went out, witness went downstairs, and found the
kitchen full of rubbish, which had been placed
there by Mrs. Solid), Dt fetid:ma's wile. %%Times be-
gan to remove it, upon which Mrs. Smith came
down stairs, and after bestowing on witness a vio-
lent torrent of abuse, followed her into the kitchen,
and struck her three blows, without an offer on
the part of witness to return it. tier daughter,
who was up stairs, came to her assistance, and Mrs.
Smith struck her also. %Vititess was much frighten-
ed, and rim up stairs into he► matter's apartments,
the door of which she bolted inside. The Defend-
ant and his wife followed her, and split the door
to pieces. Defendant then flew at her, seized her
by the throat, and held her in thud manner for a
length of time. As soon US she could extricate her-
self from his grasp, she flew to the window, and
called " Murder !" several times; but Defendant
would not admit any of the crowd of persons that
assembled ; but some person carried the intelli-
gence to the Pluititiff, who soon after returned
home. Witness's throat was black fur a length of
time, and very sore.
tross-cruntined.—Went into the kitchen for the
purpose of getting up the dinner. Always dines
with her master; don't think that concerns any one.
Is not his wife-31r. COWJ.EY : " I am rather cu-
rious : will you tell me whether you don't sleep with
him Witness " That's assist her question; and
I don't think you have any right to put it."
The Judge to Mr. Cowley—" I desire that you
will discontinue those indecent and unnecessary
questions."

Crovs-examinatiors resumed.—With-married to a
Mr. Dixon. Don't know where he is : is dead for
aught she knows. Lived ut I).4re:dam's house for 4
or 5 months; came there on the Sth of November.
Was not present when the apartments were teken.
Ilas heard Mr. Ilifirm; say Le was to have the use Of
the kitrheti. Defeo(lam's family also (iced the kit-
chen. It was Airs. &nide, not winless, that kicked
the basket, and it wu. Laken tip by her daughter.
Dell not strike her daughter. IVetirres went volun-
tarily before a magistrate.
By HAWltra Counsel (Mr. ILllantine)—Mr.

Billing had the excluzive possession of the first
Hour.
Ann Brown, daughter of the lAt witness by a
former husband, stated that, on the 27th of Janu-
ary she wits at Mr. Billing's : heard her mother
screaming below stairs, in consequence of which
witness went to her anistance.; and Mrs. Smith,
letting her mother go, turned her attention to her,
sod beat her. Her mother came up stairs, followed
by the Defendant, who broke in the room door, and
grasped her mother by the throat, in which posture
she held her till she was bla( k in the face. Witness
was very much agitated.
Mr. Cow LET—How loug were you in the house ?
Witness-1 don't exactly know ; 1 was there sere.
rid days.
Mr. COWLET—Pray who did you sleep with ?
The Judge (Mr. BliaTou Mottais)-1 desire,
Mr. Cowley, that no such question shall be put ;
some decency is Always to be observed ; besides, the
answer can have nothing to do with the case before
us.

Mr. COWLBY jta the Judge) —1 hive yet to
learn, Sir, whether in the course of my duty. I
may not inquire into the character and morals of a
witness, especially when I have evidence to prove
that they are both bad persons. This young wo-
man can be traced to a peculiar situation in life.
and a person will swear that they ale both un-
worthy of being believed on their oaths. Under
such circumstances, were I not to put these ques-
tions, my conscience would reproach me fur a ne-
glect of my duty.
The Learned Judge observed. that since his
entry auto the profession, lie had been in the habit
of hearing the ablest advocates ; hut when they
wanted to let the Jury into the mysteries of the
case, or the character of the witnesses, they merely
put such questions as would glance at it ; but they
never, nor indeed did the Judges allow them. to
put questions that might crimisiate or di,grsce a
witness, nor would he allow it on the present occa-
sion. The Learned Judge then quoted the opi-
nion' of Mr. Justice Lawrence in support of his
argument. Seeing that Mr. Cowley about to
reply, he desired, with some vehemence, nut to be
answered.

The witness was in tears during these obser-
vations.

The Plaietire case being closed, Mr. COWLEY
addressed the Jury. He said, if he had done ant•
thing that was wrong in this case, he should himself
feel great regret; but he believed it was sit invari-
able rule in Courts of Law for Counsel to put soy
question (with the exception of such as might lay
the winters open to prosecution), and leave the in-
dividual to use his discretion about answering it.
Ile instanced the trial of Mr. Watson for high-
treason, where Mr. Wetherell and Alt. Serjeant
Copley, the counsel for the defence, contended tle:t
the witness Castle was hound to answer the ques-
tion, whether he had been guilty of bigamy ? He
(Mr. Cowley) was in Court at the time, and il.e
Judges held very properly that Castle was not booed
to answer the question; but that the counsel might
put it, and he mield demur to it if lie pleased. It
was on this precedent alone that he founded his ar-
gument. The Learned Gentleman then expatiated
on the 'amid, case, and the suseicions circumstances
under which the witnesses, Dixon and her daughter,
were brought forward, merely under the cloak of giv.
jug evidence for Mr. Billing, but in reality to seek
revenge for themselves. He thomeit, therefore, the
Jury ought to watch their evidence with a eely
jealous eye. The first witness for the defelice was
Maria Smith, a child eleven years old, daughter
to the Defendant. 0.1 the Testnine,rt brio,: pie-
sewed to her, she immediately kissed it, Wine the
oath was administered to her.

The COURT--•." iVIly did you ki,s that book be-
fore any thing was said to you I"
Witness (after some beritation)-1, I don't know."

She was then examined as to the nature of an
oath, and answered satisfactorily. The substance
of her evidence was, that her mother had aggrivat-
ed the witness Dixon by placing a basket of onions
in the kitchen. in consequence of whicli the latter
heat witness before she said any thing► at all to her.
She did not see the breaking into the Plaintiff's
room.

Mr. BA I.LANTINE—" Have you had any crinver-
salient within those few days with any one respect-
Witness—" No. Sir; 1 have not."
Mr. BALLANTINE—." ‘l' hat was I going to
say ?"
The child gave no answer, although the question
was repeatedly put by the Court.
Wm. Heeds., a labourer, proved that the De-
fendant was bleeding. and that there was $ mob col-
lected round the house.

William Lack, the constablo, came to quell
the riot, and found Mrs. Smiths cut about the face.
She was in tears, aid her clothes were torn.
Thomas Inwistle was ca:led into the box, to throw
discredit on the Plaintiff's witnesses, Dixon emit
Brown ; but on being asked if lie would believe
them on their oath, to the astonishment of the
whole Court, lie answered in the affirmative!
Mr. AGAR said, he should not have troubled
the Jury with any obsemition of his, had it not
been fair the scandalous defence V,at wa• set up,
and to rebut the caluiussits that htt been thrown
out against his clients.

The Learned Judge, in his summing up, took
occus;oil to reply to the observations of Mr. Cow.
and acid, the present case was entirely differ-
ent to the one quoted by that Gemlcarian ; ions-
much as Castle NW a partieeps et innnis in the
charge of treason, iu which Watson and the others
were implicated.
The Jury retired, and after no absence of half
an hour, returned into Court, awl gave r verdict
in favour or the Plaintiff—Dainages Ten Pounds.