The Sun.
London, England, 1806-05-26 00:00:00

I r
1,4 W RgPC)II,.,

COURT OF k I G's BENCH, 1147
• tiitsvnircAL
tut kot: J. GRAtiviLLE cufrrog,./tr.cat; Ks 4.,

- - •
This Was an Ifididmeni fdt ari. Assault. .11-11.-
FARKEi,thi:Oeunsel for-the Prosectiton, in opeenii
the cage, observed, that the Assault; corhplained
was.. committed
,upon the person , Me:. Henry
Erskine Johnston, who,— he believed; ,Vvad s ell
known as a most respeaable Performer h.t Coealit-
Garden Theatre. • The tranSeation he ma abutsr tO
state grew cut of an eidl 'which, he lamented,
had of late Yeats increased to so great a degree as
to render places of public amusement almost inac-
cessible to persietis Who had any regard for mo-
rality and decency. .It was an evil which all goad
Men, pied every fither of a :family, insist deeply
deplore ;' and as long as such a Meastire was suf•-•
fered to exist, no man who had a regard for his
daughters could bring them there, without the risk
of their ears being offended by expressions the most
abandoned and infamone. He hoped, however,
that the interference of His Majesty's High Chain- •
berlain, the Earl of Dartmouth, would, in so
measure, put a stop to it. What he alluded to was;
the shameful conduct of females of a certain descrip-
tion, and young men, who styled themselves men of
fashion, who too ,constantly frequented the Theatres;
and ditlturbed and annoyed not only those near them, •
but-frequently‘the whole audience. The feels, he said,
were these:—On the evening of the 7 4th of Novem-
ber last a new Play was to be pet funned at Covent
Garden Theatre, called The pelinqueizt, from the
pen of Mr. Reynolds, in which Mrs. 'Johnston;
the wife of the Prosecutor, a very popular Adress;
and 'a 'Lady of a -most unexceptionable character;
was to Sustain} a prominent part. Mr. Johnston
being interested in the success-of the piece, as well
on his wife's account, as his friendship for the au=
thor, but not having , the least' idea of making
any disturbance, went with some friends to the
upper boxes, to witness the performance. A. Mi.
Mingay, who was a party in this indietmeot, but had
not pleaded, with two ladies, of noturiety in the:
box lobby, 'of the names of Martin and Ross, sat
in the adjoining box, and, at the drawing up of the
curtain, talked so loud, as to disturb those about
them ; " silence" was vociferated from the surrcund-
ing boxes, but this only seemed to encourage them
to make the more noise. Early in. the second ad;
these disturbers of the night were joined by the De-
fendant, Mr. Juckes, when several illiberal and ins
decent observations were made by them upon Mrs.
Johnston's dress and person, so loud, that ad those
around could distinctly hear their; they said she
was " a nice piece; and too good for that ugly fel-
low Raganiino," meaning Mr. Johnston, m lie had
performed that character, and pointing or luekiog,
at him at, the same time. In allusion to a pearl or-
nament, which Mrs. Johnstciu wore in her head, in
honour of immortal Nelson's victory, represent-
ing a Ship ; they observed, " she was a tight 74,
and would take in any -number of passengers," ex.
&c.; accompanying these remarks with expressions
too indecent and shameful to be repeated; and which, •
at the same time, not only drew the anemic= of
every one around, but disturbed and annoyed the
whole audience. Mr. Johnston, as a public cha-
rades., did not like to interiere, and for a time sat
silent, without noticing the ridicule levelled-at him-
self; but, at length; roused by a just and laudable
indignation for an amiable wife, be was retiring, in
order to procure a Constable, when the Defelithint
impeded his way, by throwing his arm across the
division of the box-, and as Mr. Johnston stoop-
ed to open elle dour, he struck him a severe blew
in the back of the neck, which threw hint urea a
Gentleman before him ; !weever, Mr. Johnatou hue
medietely recovering himself, and observing trom
Whence the blow came, returned it with interest and
celerity, and struck the Defendant in the eve;
Miii-
gay raised his stick in defence of his companion ;a
general bustle ensued, the perfhrmance was sus-
pended,'
,end the Whole audience disturbed. The.
friends of Mr. Johnston interfered, theperties were
taken out, and tranquillity again restored. Thu
Learned Counsel, - in conclusion, said, he hoped and
trusted that by their verdid the Jury would shew
to the world, that the concs& of these box-lobby
loungers was not to, be tolerated with impunity ; and
would, by their recerding a verdid of guilty against
this Defendant, render a most essential service to
the public, if not by entirely ridding places of public
entertainment of these pests of society, at least by
giving them a very salutary lesson.
Mr. Henry Erskine Johnston, the Prosecutor, be-
ing sworn and examined, nearly corroborated this
statement: he said, he had accompanied some friends
to the Play that night—they were Mr. Phillips and
his sister, Mr. Seabrook, and Miss Courtney. Be-
ing a public diameter himself, he did not like to in-:
terfere, but requested his friends and some other
Gentlemen in the Box would endeavour to procure,
silence. He had not the slightest intention of giving
the Defendant any cause of offence when he was
going from the box, his object being to call a Con-
stable
,or' the Box-keeper. As he approached the
door, the Defendant threw his arm over the para-
pet, and he observed one of the females, Mrs. Mar-
tin, endeavouring to change places with him, as if
to prevent any quarrel. ,He positively swore nu
provocation was given on his part when he received
, the blow in the back of his neck from the Defend-
ant, but admitted, that when he recovered himself,
he certainly 'returned the compliment, by giving the
Defendant a smart blow in the eye. Mingay, at the
same moment, assailed him with his stick. He said,
he did not strike Mingay, for if he bad, he must
inevitably have thrown him into the Pit.

Mr. Johnston was corroborated in this testimony
by Miss Phillips, Mr. Robert Keating, a Gentlemar;
on whom he tell, when struck, and Master Francis
Griesler, one of the children belonging to the Ger-
man Theatre, who swore positively to seeing the
blow given by the Defendant.
Mr. PARKE intimated that he had several more
witnesses to the fads, but declined calling them.
After some consultation with his Counsel, the
Defendant declined going into any defence, or call-
ing any witnesses, as the parties agreed to adjust the
business.

A verdiEt of Guilty was accordingly entered, and
Mr. PARKR assured the Court, that public justice
would hot be evaded by the arrangement which had
taken place.
The next Cause was an Inditinient brought by
Mr. Juckes, against Mr. Johnston, fQr an Assault,

Mr. JEKII.., for • the Plaintiff, stated; that this
•Vi3S an ac` ion to recover .damages,,againt the De-
fendant, who- was an Apothecary, residing in the
peighbourhOod of Newman-street,: for ,signing
,Certificate of.ttinacy„ by which the -plaintiff had
been arrested, and nearly
,deprived of. his liberty,
for anim,lefinite period. This was a complaint of
• a inost '.k.rious and important nature, against •-a-,
;I‘tedical Man, wh6, under colour of an- AO of
Parliament, had been induced to, sign a Certificate,
. stating.' the Plan-Int-Y;' who was a most respenable'
young man, to be, a lunatic ; consequence of
which he was dragged flitrough -the streets, and,
but for the interference of the passengers, •he •
would have been doomed, perhaps, to
.an eird-
lessimprisonment. All this was done at the in.:.
• Stigation of one; who„-instead of being: his. per-
secutor, should have' been his protector ';. but the
motiites Which induced it were , still more unnatural,
and'. the 'a& itself was, extremely - likely. to bring
on that malady. The • mother 'Of the Plaintiff
• -wished to possess herself of a sum of money
Which the, Plaintiff had, in the Funds, and aCtually
-induced .a Broker to. sell it out for her adi7antage,
, .and resorted to this expedient , of committing her
son, to perpetual confinement.. These certificates,.
he said, were, never granted but 'atter a particular
• inspenion of the patienk, by, the most eminent per-
sons in the ' medical ; In the Present
case, however, he observed, he should prove that
no suet) inspeclion took -.place nor did the
Defendant at any time ever see the :Plaintiff. The
Plaintiff had resided some -time at Osborne's- Ha-
tel, in the Adelpbi, where frequent attempts had
been made to get possesSion yr his person. HaV-
ing at last gone to Bow-street to consult the
Magistrates, mother,.. accompanied by a keeper,
cane there, and produced the certificateof lunacy
'and, notwithstanding the caution
.of that much la,
-merited Magistrate Sir R. Ford, he, was dragged
_through the streets on his,way to Bethnal-green, as
far as Beet-street, when a lady of his acquaintance
recognised hitn, the passengers interfered;
,and he
was enlarged. After sonic strong observations upon
the- magnitude of this.: offence, the learned Counsel
concluded_ with a' hope, that the Jury Would,- by their
Verdict, make an example of this.Defendaut. .
After proceeding, however, 'with some evidence
'as ,to the former existence, and subsequent destfuc-
tiOn of the certificate in question, the fad could not
be sufficiently substantiated in evidence, and the
Plaintiff was accordingly. non-suited, • -
Sir V. On3Bs, for the Defendant,
,then observed,
that he had a full and complete answer to- the Plain:-
tiirs.case ; -for had they gone into it, he should have
'shewn, by the' evidence of Dr. Munro, that the
Plaintiff was in a deranged state -of mind, and haa
once before been in confinement on that account.

'OLD BAILEY.

FOURTH DAY.-SATURDAY, MAY 24.'

'Christopher Dempsey and lan." Browne-, a crimp
and seaman, were indided on a charge of forging the
narte. of .Anthony, Robinsen, to a bond for A. los.
by which they received`. payment 'to' that amount
at the.'-India House; but ... -;
the case was ,not'esta
w
bliAhed; and the Prisoners ere in-consequence ac-
quitted. •
Rubinson: thekeeper of a brothel in Charles-street,
Co'vent Garden, was•convided of an,unnatural
fence, and received sentence, or Death.
Same day the Sessions ended,• when the-following
-weresentericed to transportation for seven years
James Cox, John West, -Jane Nunn, Mary-Drake,
Nelly Carty, alias liarty, Richard Airis, James Foley;
Margaret-O'Brian, Stephen, Rally; 'Sarah Burton,
-William Conner, Cornelius Dormohow, Sarah Blake;
Wm: Hamerton, -Elizabeth Griffiths, Jane Brown;
John Higgins, Joseph Pennyfeather, Thomas Hay-
wood, Andrew Clarke, ThoMas:Cairipbell, Margaret
Ragan, .and John O'Brian—one to be, iuxprisoned in
-the House of Corredion, at Clerkenwell„ fur two
years—one for-tWelve calendar months—seven -for
six calendar months—five for different periodS; in
NeW.gate—fout to e privately Whipped,' and 2 1
were: discharged by rodamation. •
Adjourned till the dof July.: • -

Mrs. SPENCER Snu•rx had beet,l some months in

Italy for the benefit of her health, and when the
,War broke out was at the Baths of Valdagno, near
' Vicenza, from Whence, with other English families.
she retired to Venice, then•an Austrian garrison, but
.since surrendered to the French, Whose condua in
-the first instance towards these English fugitives
found in that place wA uncommonly mOdel'at6,-.
• Mrs. S. S. in particular, whirl was confined by ill-
ness to her bed, received permission to -remain till
the recovery of her health, with the promise of be-
ing then allowed to retire.wherever she chose: Thus
this Lady remained unmolestetttill the Isth April,
I.'aiting for a-passage to Malta and England, when
glie-was arrested and placed in custody of a 'police
guard of fotir men: She was removed that day to
Taduia, from thence to Milan, and is now, We On-
derstand, 'to be marched to Verdim or-Valenciennes,
a distance of at least 500 miles.
Zot-LoYA, or THE M00n...N0 complaint has for
some years_heen more generally or more truly Made,
than that of the insipidity of modern works of fi&ion,
Which,- following each other in 'tftune succession,
s'erve no other purpose than to load the shelves of
out circulating libraries, and the memories of our fine
'ekidies with-wearisome and disgusting details of the
supposed adventures of the mawkish indiviAls.who
are the' heroes and 1 heroines ,of them i..ncither in
v.:resting by the novelty of theirstory, entertain-
ing by the 'liveliness of their description; or lin-.
proving:by the soundness of their instration. 'From
this mass 'of inanity, the present produetiOn is a
splendid exception,„ It unites in, itself strength and
originality of conception, with beauty and facility.of
expression; it evinces an' intimate knowledge' of the
human mind, "of the incitements • by which it is
aauate.d,- and of the variong•shatZes of excellence or
praviry -by which' it is diversified ; and 'above all, it
possesses a troral of a most, i mportant
.na tare., Which
the subordiiiatci as Well- as;the 'princi purts of the
-composition are, with the hand of ,a Master, made
fully to-elucidate and display:-