The Sun.
London, England, 1808-02-18 00:00:00

•LAIP REPORT...
•
• COURT OF •
• • 31r rtNcs sepasz-Lciin ELLENtoptouokt. .
OPETrit HOUSE AifatlLT. •
.• 'rite .xixe; V D'.usvlLLO.
This was an irelietateut Pre'fLrred by
.Edmerid
Waters, Esq. igai:w Mr. D'EgViiie, Ballet Master'
'of the Opera lloese, for an 3.ssaelt. , ,
The. ATTOIibiEY-CriNtill. staied the case to, the
Jury. He said 'the Prolee.aiar Was the execntor of
the late Mr: Gould, and'as such conne6,ed with the
concerns of eh e Opera Hensel. It xeis unnecessary to
advert to the dispbles that tiad taken place in that'
Theatre between Mr. Waters and tfr. Tayler,though
the present,asSault might ba considered as growing
out of that circuinstance.-eSt tl Ice it,- that Mr.
ters was exercising his right ilfjoiet Manager in the
Theatre, when Mr. D'Egyillc, who aced as a sort
of sub-maneger in the ahsence. of Mr, Taylor, chose!
to interfere with the
,werktraen. employed by .Mr. •
Waters; an altercation ensued; end Mr. Waters re•
ceived a violent bIOW from the .Herculean fist ,of
Mr. D'Egville. Mr. Waters retired, feeling that he •
was as much ableto'contend with M,r. D'Egville as
a child would be to grapple with a giaelt. Such was I
the assault of which he had. to complain, and ' the
relation in which the parties stood, Mr. Waeers being
the Joint Proprietor and Manager'of the' property,
and Mr. D'Egville being only one of the persons
employed in the concern ; his conduct wa's therefore
the more imprudent and reprehensible.
Mr. Waters. was then Called into tilt box, and .
stated, that he was in the Opera House o it the 24th
of Wither last, looking after the work mei eand
conversing with Mr. Marinari, the scene ; painter, . he
heard Mr. D'Egville disputing with the carpenters
respeaing a bench; He went to 'the work men, and
learning the cause of the dispute, recomo tended Mr.
D'Egville to take another bench. No, he would
have the one ,in question ; and, by G—d ,he would
knock any one down who obstructed /him. 1 I),t
Prosecutor then satU, " You shall knock t ne dowt • ;
and laying' his hands on the bench to prevent its !te-
tnoear,• Mr. D'Egville struck him a violeeit blow On
the left breast, and beat him against one of the 4rar-
ters that Support the building. At the 6'11.4.. .lak-
ing the blow, Mr. D'Egville exclaimed; " 'What !
do you strike me %" and running to the 4taircase,.
said, " I'll seen settle you." Trio Prosecuteir shert-
Iy after left the Theatre, and went tei Marlbt n-ough-
street to obtalo a warrant ; but Mr, D'Egvill in the
Mean time had obtained a warrant for him t it BOW-
street, and as he was leaving the Marlboroug;h-street
Office, it watt Served upon him.
On cross-examination, Mr. Waters said, that he
certainly passed between Mr. D'Egville rind the
bench before he wa's struck; hut he was tined unions
allinving run against him, or' even touched h
William thlers, a carpenter, 'Oben TnckeT, ano-
ther workman, and Mr. 'Lees, clerk of the work-
men, corrobbrated the Prosecutor's evidence, rand all
agreed that Mr. D'Egville struck him a severe. blow.
Mr. Waters was obliged to be let blood, t o take
away the pain seated in the chest. .
Mr. MAIIRYATT, Counsel for the Defendan.t,• ad-
mitted the blow, btu contended, that it was itt con-
sequence of the Defendanea being jostled by Mr.
'Waters as he passed between hint stud OW beach.
Independently, however, of that, he would leive it
to the Jury to say, whether Mr. Waters, by daring
the Delendapt to strike him, gad nut provoked tilt,-
' blow he'complained,of ? • •
. Lo4l,Eeeesraciatoewt said, as the blow had been
admitted, the Jury would say if they perceived 'airy.
• thieg, in Mr. Waters's conduet to induce it, and 'if
not they would find the Defendant guilty.'
The Jury immediately found a verdict of Guilty.