The Sun.
London, England, 1839-05-13 00:00:00

MANN V. CLARK.

Mr. THOMAS having opened the pleadings,
Mr. C. JONES stated the case. The plaintiff was an
an omnibus conductor, who one day in July last, was walk-
ing along the side of the Paddington Canal, in the neigh-
bourhood of Bethnal-green, with a friend. They there
saw some persons dragging the canal ; they went up and
found that a boy had fallen from a barge into the water,
The friend of tho plaintiff gallantly undressed, and
brought out the body, which was carried to the
Plough public-house. A surgeon was called, and as was
usual, the body was rubbed, and other means taken for re-
storing animation, The plaintiff was present and asked
the defendant for a blanket, but he gruffly refused, saying
he did not keep blankets for rubbins dead bodies. The
father of the boy had his attention divided, as he was alone
is charge of the barge—he was obliged to look that his
employer's property was safe, and on going away requested
plaintiff and another person to take care of the child, and
continue the means of restoration. Immediately on his
going away, the defendant ordered the child to be removed
from the room, and put into the stable loft. Mann said it
should not be removed till the father's return, on this Clarke
caught hold of Mann by the neckcloth, shook him, and
struck him several times, from which he suffered severely,
and had his clothes torn from his body. For that damage
and those injuries, inflicted under such circumstances, he
appealed to a jury for redress and compensation.
The case, as stated by the Learned Counsel, was proved
by 111 T, and the two persons, Carter and Traford, to
whom the the father of the child gave it in charge. The
attempt by cross-examination was to show that the parties
were drunk, but it failed.

Mr. S._!rgeant GOCLBOURN addressed the Jury for the
defendant, and said it would be his duty to call wit-
nesses to show that the witnesses for the plaintiff
had made a mistake, he would not call it by
any harsher term, because in the confusion
of a crowded room, and one party insisting on the removal
of the body and the other resisting it, they might have
been mistaken. The parties whom he would call were
respectable persons—they were present the whole of the
time, and they would say that the defendant Clark did not
in any way assault any one person during the whole of the
transaction.

Jonathan Talbot Clarke, and Thomas Jones stated they
saw the w' sole of the proceedings upon the day in question.
The defendant struck no blow, though there was excite-
ment respecting the refusal of the blanket ; the constable
was called in to clear the room and there was some
scuffling on his getting into the room.
' Mr. Kymer was the medical man called in on the occa-
sion, he said the child was perfectly dead. Mr. Clark
asked witness if a blanket was necessary, and he said No.
He got at once anything he asked for from Mr. Clark.
Mr. JONES said there was no contradiction. The as-
sault was proved by three witnesses. Those for the de-
fence merely said they did not see any. The other ques-
tion was one of damages. He did not want for vindictive
damages, but he trusted the Jury would mark their sense
of such an outrage.
The Learned Judge having summed up, the Jury found
a verdict for the plaintiff; damages 51.

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