The Sun.
London, England, 1806-07-31 00:00:00

srmalan

111,tilisdrob:' Ei JULY 29:--7The Judges arrived in
town last night, and this lnorning. they,opened their
Commission. After hearing ine, Service, they
proceeded to business in the usual-manner.

PARNELL V. EAMI:11.

This was. an adion-to recover damages for, an as,
sault and false imprisonment.
Mr. Serjedllt SliEttiEUD led the cause; 'and.stated
the case with much pleasant wit and good humour.
The Plaintiff, he said; was a poor man; a higler,
and the Defendant was no other than Sir John Ea-
rner, Knight, Alderman of London, Colonel of Mi-
litia; and an eminent trader. It happened, however,
that this Colonel, Knight, and Citizen. of London,
had, on the present occasion, most woetlilly degraded
hirriself; for he considered that a maneof rank most
deeply degraded himself when he aded with,. injus-
tice 'towards an inferior, as heshould spew he had
-done towards the poor Plaintiff; for, instead of the
urbanity of a Gentleman, he had exhibited the ty-.
Tinny of a Bashaw, as the Jury would perceive when
thetheard the evidence 'he had to produce to them.
It happened thaton the 12th of June last the Plain-
tiff was going down to Greenwich in his. one horse
cart, and he was as near the proper side oldie road,
as the bank would permit him to be.. slt 'was just
opposite to that part where the public-house, the
Daverpastle, is situated, and there, if the'Jury re-
colleEtect,-there was room for at. least five carriages
to-pass abreast. What induced this City Knight to
take the wrong side of the-road he could not tell ;
but so it was, that he'drove so close.that the wheel
of his curricle became locked in the wheel or the
Plaintiff's cart. Instead of feeling as. lie ought to
have 'done, that the accident was. owing to his own
negligence, he Immediately jumped up,
.and began
to exercise his horse:Whip most actively on the head
and shoulders of the .Plairitiff's servant, who was
driving the cart. The Plaintiff then interfered,' but
insteadof .obtaining redieSs, the irritated City Co.
lanel treated-him with the like diseipline—exclaim-
I'll teach you to run against me !—TII let
you know who 1,, am am Sir John Earner,
Knig-lit, 'late Lord Mayor of the City of London,
an Alderman, and Lieutenant-Colonel of Militia !"
His Client was alarmed at these titles, and instead
of persisting, made most humble prayers for mercy.
Indeed, he must say, that the Plaintiff was but a
diincf-hearted fellow.; for if he tiad-had the true'
spirit of an Englishman, and that spirit which he
hoped most-Englishmen possessed, he would have
given this City Knight and Colonel a good`drubbing,
and have saved the circuity of an action.
LORD CHIEF BARON .•-•-" Perhaps, Brother SHEP-
HERD; you don't know the power of the Defendant,
or you would not wonder at your Client's forbearl,
auce." The Serjeant replied, he' did recoiled that.
theXnight had a fist something less than the knuckle
of an'ox, but notwithstanding that he ought not to
have been so tamely beaten; and in this-the landlord'
of the Dover Castle public-house agreed; for when he
came out, although he was gouty, and hObbled with
a crutch stick, yet having interfered, lie received a
blow from the testy Citizen, immediately told him,
if you repeat that blow by G—d ,I'll knock your
Knightship down with my crutch. The Defendant,
however, was so much in arms, that he would listen
to no reason, but persisted in dragging the Plaintiff
to the watch-house, and there would have delivered
him into the custody of the constable of the night,
but that Officer, finding no just ground of coinplaint,
would not take him into custody, and he was dis-
Missed. The Jury would, now say what damages
they would give to a man who had thus been wan-
tonly assaulted by one who, from his rank and situa-
tion in life, as a titled man, a Magistrate, and a
Soldier, ought to have differently concluded himself.

Thomas Holford, the Master of the Dover Castle
public-house, in the Greenwich-road, stated, that
about half-past ten O'clock he heard the shock of
the wheels coming in contra.. He immediately Went
out and feurid-the cart and curricle wheels locked, the
cart was close on the pnoper side of the road, and
the curricle on the wrong side. Sir John Earner was
then exercising his whip at a great rate; and attempt-
ing to jump out, his foot got entangled in the reins,
and he fell down. He hewever seized the Plaintiff
by the collar, and pulled -him down With him; The
Fitness then attempted to interfere; but he received.
a blow from .Sir John Earner, upon which he told►
him that if he Struck /film again he would knock
him down with his stick ; Sir John then_dragged the
man away to the watch-house. •
Capt. Clarke; of the London Militia, stated, that
.he was in the _ public-house waiting for a brother
Officer ; he saw the tranpaion,, and thought lie
was be:and as an English Man to interfere. /-le went
out,. and addressing the Defendant he said, " Sir
John, you are very much in the- wrong, you have
used the man very ill." Upon which Sir John re-
" If I have used him ill, I am very. sorry for
it." The man was taken to the watch:house, but
the constable refused to take him in custody.
Mr. GARROW, for the. Defendant, 'entreated the
Jury to compare the evidence with the statement of
his Learned Friend. He had, in his opening, con-
trived to represent Sir John Earner as a very ridi-
culous character : he was suppoSed to say,. `-‘ I ain't
Sir John Earner, Knight, Colonel, and Alderman ;"
not one wotd of which was in proof. In truth, Sir
John Earner was as honest, open-heartcd, and, liberal.
.a man, as any of that hospitable Corporation -of
which ,he'was a worthy Member. • It Was not the
Plaintiff who had given these instruaions, it was some
one else who had so instruaed.his Learned Friend;
and the great object was, not so moth damages, as to
make a display in the columns of a Newspaper, at
the expence of raising a laugh against the Defendant.
.He would venture to assure die-Gentlemen of the
Jury that this 'Cause would appear in some one or
more Newspapers, and he hoped that those who at-
tended to report it on the pre§ent occasion would, not
attempt to polish up his fiiend's wit, but give it as
lie really spoke it, for it was much better than any
they 'could substitute. He then -deprecated the idea
of giving heavy damages; the great ohjea had been
obtained; Sir John-. Lamer, had been turned out for
a day's sport, and they had had it. There was an
old story of a black seaman being about to beS
flogged, and the Captain-first having harangued him,
concluded by orderiria him to the gangway, upon
which the Black observed, "No preachee and

A-IAR!) liA It RIS, of No. 4, Martletf-covft, 13uv‘-street ; and Publistied b) "ILLIAM AR MIG RR SCR fres, of South Moho!
ICS, No. 112, Strata where AlcipeitiSiVt7ilS Orders for thb Paper; Letters ftir the Editor, &e. {host-paiii),

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