The National Register.
London, England, 1813-02-07 00:00:00

THE NATIONAL. REGISTER.

COURT OF KING':' BENCH, TVPSDAY, FEB. Z.

LUTYUNS V. BUNN,
The Sotretrou-Gans nal. stated, that on the record this action ap-
peared to he strictly for an assault ; but as long as human nature is what
it is, assaults must differ must essentially from each other. This was not
an outrageous battery, but it was as aggravated an assault as had ever
occurred. The plaintiff was an underwriter, and wrote the Baltic risks
to a great amount, and be, in common with ninny other honest and in-
dustrious men was crushed by them ; but fortunately for him, by the
assistatice of bleeds, among whom the defendant appeared to be cne,
he was enabled again to enter into business. The defendant was an
iron master, and although perhaps not regal rly initmled in the Four-
in hand-Club, was in the habit of daily driving his four-in-band, and
had been guilty of the most cruel and horrible outrage to the family of
lice' Mr. Tormen contended, that the Solicitor-General ought not to
remark upon any thing winch could not be the sof jest of evidence.
The Sonic t t on-Gs:es:KA t. stated, that he intended to put the defem-
dant's own letter in evidence; and that it would not be stating the case
rationally, merely to state, that defendant waited till plaintiff came out
of his !muse, and then knocked him down.
Lord Et.i.t Nun nor nu said, that he should guard, in the proof, against
the admission of any thing irrelevant ; but that no person could be con-
fitted to the mere descriptive of an assault, the aggravation of which
might (dirt ly consist in an insult, which gives to the injury its pungency
and toree.
The Soracyrou-Gr NER resumed, and said, that it was his inten-
tion to open the cause most strictly; and that he di.l not wish them to
give damages for w hat did m t strictly belong to the case. rlaintiff and
defendant bath resided in Ilalliford. On the 17th of September, plain-
tiff cater out of his house, and saw defendant near it, who dammed him,
and asked him to-come ()Maim' he would thrash him ; and e.n plaintid's
coining out, defendant struck him; but the Solicitor General said it was
not of this he complained, but why should defendant use such oppro-
blow, language tes l laimtiti ? he would inform them. Plaiiitiff was mar-
tied to a widow, who was ti.e mother of several daughters by her for-
mer husband, one, of them only 15 yearsof age. Defendant wits a mar-
ried man. One mm fling this young ei eat tire was missing from lbe break-
fast table ; on inquiry it was discovered that she had not used her bed
that night, The distracted parents applied in the greatest agony to
their neighbours, to know if they knew airy thing oilier, but t hey applied
most Trltieularly to their near n&glibour, and proteetieg friends—the
present defendant, who denied ell knowledge of her but it was disco-
vered, that at midnight she had been recieved by defendant, conveyed
in his own carriage t Kiegston, and in a hired chaise from Kingston.
to London, and she was afterwards found, a ruined and undone infant.
It was not to he suppt.sed that plain' ill' did not feel this, a case so mana-
ged as that the law caanot alinrd any redress; it was to lie expected
that when defendant met rlaintiff, plaintitrs eye would express contempt,
indignation, anti fiete,ntion ; proliaLly the looks of ilea eye was at
times disagreeable to the defendant, but the man who was an object
worthy of such a look, ought to have avoided it ; or if he met it, vuglit
to have been filled wi; h the deepest so:row and remorse. But how did
defendant conduct himself, and the conduct of parties as cntmected with
the subject, is evidence : but a letter which he held in his handy and,
would prove to have been written by defendant, would -hew how lightly
he rev irded any damagerthey could give. If defendant sheaved any
centriti..n, he desired that the Jury would extend their compassion to-
wards him, as we all 'met make allowance for human frailty ; but if
they foetal that be sought oppo: tunnies to insult the plaintiff,- -that he
ade b' Huct to plaintiff a subject of tvminple—he had no doubt