The Sun.
London, England, 1806-11-24 00:00:00

L.,11V REPORT.

COURT OF KING's BENOIT, No.v. 22.
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THE KING U. WIGLEY AND OTHERS. .. , .
The .Detendants, an old man and hi 3 two sons,
were itadiaed at'-the last ,AssizeS-at'l-lerefOrd,-for -art-
assault-on once:Freane; who stated. in:hisevidence,
that,the_elcler Wig!exiled-mg, in possession, of a small
piece of osier ground, which he understood bad Ise-
; longed to hi,; fattier,' he -gave notice' to crlif, 'and in-
, formed him that'he should come to take possession
' (M:s certain day,m;4l4 14th of, February, 1805., Ac-
cordingly, on th9li fr.,clity F...went, with his was t utak e
i possession, and Ma Old Wigley at the place. Pretane
atid"lii4 than liactcOdtriirbiil4fook in his' Owl; with
witich:_they-had;!)eerk,,ctuting the hedge,and..rc.:-..,
pairing some gapsas,,tbey ,eatne along through *the.,
PrOsecutor'S' own grounds. After old \Vijlcy and
the'-Prbiectitor met; 'a dispute' began about the
iight..to :the grontid,-:and.as,Freaneyin;order
,to as,
lert,his right,.was,procOding to take toossyssign,. by,_
cutting a twig, old Wigley, who held his Stick in.,
hii' two - bands; • With' his arms "extended; ...drew a
s,heath from one end of tlig stick, and. discovered an
iron LlNade or tuck; at the . ul- with which he in-de
~ the, • • .• 4 . .
several thrusts 'at time Prosecutor, who .p'afrie,l' t hem
with his bill-hook, Mid at letigili'striiatritre'VeitpOn
ottVof'his -hand: , The PrOsecutor theni i instantly -
threw..gwy.the bilk- hook, and was Stcpkip.g4p,wa
to take. Up tile stick which had fallen from Wigley,.:
when one of , the other" Defendants- b'ciiii:.Vallecl for
t;')% his fatheri.c.itne,l4;;'aliildwitivalede:itake,..also
attacked the; PAW.4flutP-r, Wh9.,NY,a§.:itiTC9 P;tlg,lfirimg
With. the father, and) could only
:defend- hanselt,by
plachig the father
,between himself and ifi'Adii, '
which, being a More gti‘keritit Man,: Ile rtva enabled
to do,. The Prosecutor then: called for!.4A-prilk,Feel."
mund, exclaiming, how coul,lhe,stand.,by,:and see one-.
person attacked by two ! when Atigley'S second son'.
came out Of the house with a 'en, mid7the;)iiil taiap
.1 told him to shoot theTrosecutor, ',which ;I.le- threat:..l
eued ,to do; but _having knocked the pan of,. the
gun, he, said he 'would go and get sbnie, `begs,.
priming ; for which purpose, . apparentlr,- .he--- re-,'
turned. to the house, imd.aftercit'alds came: and prer„
rented the gun
~at the Prosecntor, threateninktto .
{shoot him. Upon which the Prosecutor said, he
,might shoot him if he would, but 'he ' knew 'he'
must be, hanged if he did—and*-then, a-Mr-Rain-
hill coming up . from an adjoinino-, field,-,- the ,
!parties were separated. It appearedr that in ..the.
scuffle old Wigley 'was much injured- by a' thrust',
against the ribs, with the - end of, the. bill-hook,
' and, was attended ',by a Surgeon for 'some time. It
'also appealed, that upon an aCtion 'being tried to
determine the right to the piece of land,- a V6i--i'
. dint was given for old Wigley. The Indiament
was originally Orefeilred at the Quarter-Sessions, and
should have been tried there; but was .improperly
removed info this Court by the 'Prosecutor: ' The'
' Judge at the trial expressed great approbation-of the
• calm and temperate condua of the Prosecutor in his
confli& with old Wigley; and in' particular at his
throwing away the bill-hook when he had disarmed
him of his tuck-stick:
Mr. DAUNCEY . and Mr." PULLER addressed the
Court in mitigation of pnnishment, chiefly in consi-
deration of Wigley's being in defence of
:his lawful
'possession, and of his having received some bodily
injury, and being-put to .grearrand unnecessary ex-
pence in the defence .to the -Indictment. The two
sons; came in. when,the father was struggling with
the 'Prosecutor.
Mr. Justice GROSS passed the sentence of the
Court, and after taking into consideration the bodily
hurt received,, and the extiences- incurred, the De-
fendants were 'sentenced to be imprisoned one month
each, and to enter into a recognizance for,their good
behaviour for. two years in aol. each. .:. ,

THE KING V. JADIE4ON:ESCI.

The Defendant had suffered Judgment to go by
default, on &prosecution for writing, and causing to
be published in The York Herald; a libel upon Hen.
Yarbury, Esq. of kieslincYton, Yorkshire. . The De-
fendant is an Attortiey,o4he Court.
Affidavits were read on the part of the Prosecution.
The first was from Mr-Alex..Barthelemon, propri-
etor and publisher of The Kyrie Herald.. It stated,
that on Fridy,220.‘......,m,w. i 805, an article was brought
for itviertion in that. newspaper,- from the Defend-•
ant, resident at Heslington. It was introduced into
about 200 copies, when the paper being -discovered
to he. of a libellous.: tendency, the publicAiori was
stopped. The libel was in the form oi.an advertiie
ment, and was as-follows;:::.. `.7,"

" Rewaril.—WhereavHeniy. Y.arbtiry, Esqz•of; HeSling-
ton, had personally discharged. Edward Galthby; a publi
can, from dressing a joint of matt for'Williamlamtisbh,lEsq;
for, the, entertainment ,of „iiiirv.and his friends ; and whereas
some yeratni "or peramis 'unknown cut In two the stirrup of
the`sacidle nelonginc tO.- the grey galloway Mi.,-.jaineson is
acCustOlied to ride, air(' at other times have endeivotired .to
nurt and injure that Gentle Man and - 'vdiereas the said Mr.
iaimisou rias strong ryaon_to, suspea; - front the,discharge
4ivon to Edward Gatthoy, and other of "malice and ma-
lignity,- that the said Henry. Yarbury was at thebottom of
thie. saint:, with intent to take away his life---he, ttilr. aiiieson,
will give the reward of two guineas on corivicllon'of t lie Of-
' tender. And this Gentleman, for his own personal safety,
thinks itshis duty-to ciaim the Of all His Majstv's
lustices of the Peace for the. Libeity o 4 St. Peter; in the
county Of York, in which .Libertytife township of Healing-.
ion lies, against the said Henry liarbury, and A.llllis tenants!
,al others at Healington aforesaid, or elsewheie, that he may

Ii()NDON Pritstel by RICHAR I) HARR! 0! 'No. 4, Mariiztt...Court,. CA? V.' I.IAM AAMI9!.g SCR Tres,. of South Molto3-street, G rosvenor_square
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