The Sun.
London, England, 1836-04-29 00:00:00

KING'S BENCH.-(THIS DAY.)
_

DAVIE!! V. BADGER, ESQ.
This was an action for an assault and battery, tried before
Chief Justice TINDALL at the Warwickshire Spring Assizes,
1835. The eircumstancas arose out of the election for the
Eastern Division of Worcester, in January, 1835, at which the
plaintiff, who is a: journeyman whitesmith, was employed as
an agent for Messrs. Cookes and Holland, to ride between the
polling places of Dudley and Stourbridge, for the purpose, of
communicating the state of the poll. The defendant, Mr.
Badger, is a Magistrate of Worcestershire, and was represented
as an active friend of the opposing candidate, Mr. Horace St.
Paul. Mr. Badger was employed in the latter place. in assist-
ing the voters to get up to the polling booth, and a scuffle or
disturbance ensued, in the course of which it was alleged that
Mr. Badger struck the plaintiff on the leg with a stick, which
ruptured a varicose vein, and by which the defendant sustained
considerable injury. The jury found a verdict for the plaintiff,
damages 301. A rule for a new trial having been subsequently
obtained by Mr. Sergeant Goulburn on affidavits,
Mr. BALGITY and Mr. WHITE now appeared to show cause
against the rule. The arguments of the Learned Counsel
were directed principally to show that the testimony of the
three witnesses for the plaintiff at the trial, relative to the
blow having been inflicted by the defendant, was uncontra-
dieted, the witnesses on the other side merely stating that they
did not believe the defendant had inflicted it ; and that it was
impossible he could have done so without their having seen
him. There was, therefore, they contended, no ground for
disturbing the verdict.
Mr. Sergeant GOULISLRN was heard in support of the rule.
He hoped the Court would be of opinion that this case should
be sent down for fuller and more satisfactory investigation.
The case ,vas one of vital importance to the defendant, as a
representation had been made to the Lord Lieutenant of the
county, to hare him removed from the commission of the peace
which he had held for upwards of twenty years.
Lord DENMAN—We have nothing of that in the affidavits.
We had better confine ourselves to them.
Mr. Sergeant GouLBURN-It was stated on the other side,
that the defendant was acting as the political partizan of one
of the candidates ; but it appeared from the evidence of the
constable of the Hundred, and several other witnesses, that he
was acting in the discharge of his duty as a magistrate. Pe-.
cuniary consideration was out of the question—the defendant
did not complain of the amount of the verdict, but he wished
to have the imputation removed from his character, and in
order that this might be donn without expense to the plaintiff,
the defendant was willing not only to pay the taxed costs, but
the full costs of the case. Under these circumstances he hoped
the Court would grant the defendant the favour which he
soufflit at its hands.

The Court having conferred for some time together,
Lord DEN MAN said they would look into the affidavits, and
see if there was any ground for granting the rule prayed for.

COMMON PLEAS.-(THIS DAY.)

The Court was occupied with matters of no public intere:
up to the time that our reporter left.

PARLIAMENTARY SUMMARY.

In the LORD3' last night; the Archbishop of Canterbury's
Ecclesiastical Bill went through Committee. Two Bills, one
regarding: the administratio❑ of justice in the Court of Chan-
cery, and the other respecting the Appellate Jurisdiction of
that House, were introduced by the Lord Chancellor, and
were read a first time. One of the objects contemplated is
the separation of the Senatorial from the Judicial functions of
the Lord Chancellor. The details of these two important
measures will be found in the speech of the Noble Mover. In
the course of the discussion he intimated his intention to bring
forward. at an early period, the Imprisonment for Debt Abo-
lition Bill, which measure carried, he should propose the doing
away altogether with the Court of Review.

In the COMNIONS', after the expression by the Speaker of an
opinion ad verse to the course proposed by Mr. W. F. Camp-
bell, in relation to the Stirling Canal Bill, the Hun. Gentle-
man withdrew his motion. A Select Committee was ap-
pointed to inquire into the management of Dover Harbour.
After some discussion on the Edinburgh Poor Rates Bill, the
[louse divided, when the ayes had it, by a majority of 108 to
77. Mr. Buckingham obtained leave to bring in a Bill to
repeal so much of the Copyright Act, as enjoins the gratuitous
delivery of every published work to eleven of the public insti-
tutions, colleges, and libraries of the kingdom. Notice of a
motion on the Law of Patents was given. Lord Morpeth ob-
tained leave to bring in a Bill to consolidate and amend the
Grand Jury Laws of Ireland. Mr. Gillon obtained leave to
bring in a Bill to repeal so much of the 24th Geo. 11. c. 40.
and 6th Geo. IV. c. 48., as prevents the recovery of debts for
spirituous liquors, when the debt contracted at one time shall
not amount to the sum of twenty shillings. The same Hon.
Member obtained leave also to bring in a Bill to alter the law
relating to the granting certificates to public-houses in Scot-
land. Leave was given to Mr. Aglionby to introduce a mea-
sure having for end the lengthening the period between Sen-
tence and Execution for Felony. In the course of the discus-
sion Mr. Hume spewed by returns that crime had diminished;
not by the severity, but under a relaxation of our sanguinary
criminal code. A motion was submitted by Sir H. Verney
for an address to his Majesty for the appointment of a Royal
Commission, to whose consideration should be submitted every
proposal to construct a Railway in any part of Great Britain
and Ireland before the introduction of a Bill for the purpose
into Parliament. The Chancellor of the Exchequer objected
to the motion, as it would place in the hands of his Majesty's
Ministers a greater power over the capital of the country than
ought to be given either to Government or even to Parliament.
In accordance with his view, and the sense of the House ap-
pearing to be against it, Sir H. Verney withdrew his motion
for the present. The House was counted out at half-past ten
o'clock.