The Sun.
London, England, 1813-02-03 00:00:00

LAW REPORT.

COI'11!): OP hiN(rS MZ;(11. Frv:V.

LTITYANS ?J. LUNN.

The SOL lc rrog-G -14:-RAL strati!, that on fhQ
r,eeord this action appeared to he ,trictly for an as-
sault; but as long a!I InunAn nature is ti-h;:t it. is,
assaults must differ most essemhi!iv fr(nn_i>,:ich
other; This was not. an outrageous battery; bia it
wets
.as: aggravated,atr-assaultlis 'bad cI er oecurrH.
The plaintiff' was , an. underwriter, and wrote-the
ilaltic risk to azreat amount, and be,.ineinninon
with ntii.tlYothet 'honest and industrious men, was
crushed by them ; but fortunOely for hini, by tile
assistance of friends, among u'liont the detend:)nt

appeareitto he oat., lic.; was enabled ag,tin to enter
into business, Thr: defendant was an
ter, and althotigh perhaps. atilt repiarly initiated
in the four-in-hand Club, was in the habit Of
daily driving his four-in-hand, and bad been guilty.
of the nios-t cruel and lio,Erible outruge to the fa-
mily of ill . , '
•

acre 'Air. TONING contended, that the Solidi-
tor-th;noral plight not to remark tr!lon any thing
which could not be the snbieet ollevideuce.
The Sot.tcyroz-GENKtim. stati'd, that he in-
tended to put the ileleadant's own letter in evi-
dence ; and that it wou4l not ,he statiug'the, case
rationally, merely to state, that delpdant waited
till plaintiff came out of his house, and then
'knocked him down„,
_Lord ELLuiotozonoit said, that be. sh*ould
guard; in the p,roof, against the:admission. of any
thins irrelevant ; but that no person could he
confined to the were description of an assault,. the .
..aggravation of which taight entirely consist in
an insult, which gives to the ivitiry its pungency
and force.

The Souterioß-GENERAL resumed, and said,
that it was his intention, to Open the cause most,
strictly:,; ,and that he did not wish them to give
damages for what ..did •not strictly belong to the
case, Plaintiff' and defendant hod( resided in
liallifot d, On the 17th. of f•ieritember, plaintiff
came out of his house, and saw (101endan(near it, .
who damned him, 'and asked him to come out,
• and he would thrash him ; and on plaint iff'scom-
ing, out, defendant struck hint ; but the SOlicitor--
General said it was not of this he complained, but
why should defendant use such opprobious ltin7
gauge to plaintiff ?---be would inform them.--
Plaintiff was, married toi a widosv,.who ‘vas,t he mo-
ther to several daughters' by her-former husband,
one of them only hi yeark.ofage. Defendant was,
a married man. One morning this young creature
was.missing from the breakfast table; on inquiry it
was discoverel that she had not used her bed that'
night. The distracted parents applied ,in the,
greatest agony to their neighbours, to ask if they
knew any thing of her, but they applied most parti-
cularly, to their near neighbotir, and protecting
friend,--,tha present defendant, who denied all
knowledge of her; but it was discovered, that at
midnight she bad been received by defendant,
conveyed in his own carriage to Kiagstott, . and
in a hired chaise. from Kingston to Luadon, and •
she was afterwards found, a ruined anti undone
infant, it was not to be supposed titot p'Antiff
did not feel this, a case so manageft 05 that the
late cannot afford, any rcdres; it Was to be ex
pected, that when defendant met plaintiff, plain-
tiff's eye would Cypress contempt, innignation,
and detestation ; probably the look of th:it eye
was at times disagreeable to the defendant; but
the man who was an, object worthy of such a look,
ought .to have avoided it; or if he.met it, ought
.to have been filled with the deepest sorrow and
remorse.: But how (lid defendant conduct him-,,
self, and the conduct of pasties as concerted with
the subject, 'is evidence ; hut a letter which he.
'held in his hand, and would prOve to have been
written by defendant, would sheW how lightly 1:e,
regarded any damages they could give. If de-
fendant chewed any contrition, he de' iced that the
Jury would extend their compassion;towards hitn,.
as we mast nll make allowances for human frailty.;
but if they found .that be sought opportunities, to,
insult the plaintiff,—that he made his conduct to
plaintiff a subject of triumph,--lie had no doubt,
but they would consider him as an offender of the
greatest magnitude, and would, by their verdict,
compel the defendant to make some compensa
Lion to the p!aintiff. There had been au
,appli-
cation to a Justice, and defendant 'o.'ll3' bound to
appear at the Sessions, but no persons appeared
to prosecute; and defendant thinking from this,
that plaintiff did not wish to' make the calamities
inflicted on him by defendant more public, and.
would not bring his cause before .4 Jury, wrote
the following letter, anortymous, ond in a feigned
hand, as they would expect ; bitt although dii-
guised, he xvotdd prove it to be the hand-writing
of defendant; The Solicitor-General then read
sand commented art the. letter Which Was' to the
following effect :----
" Pour Jack, I thought you would have made
a better thing of Sir J. E. Amiable and truly re-
spected ! (The Solicitor General said that this itl..:.'
luded to an expression used by the Joint Es-.
finer, the Magistrate applied. to, when sneak
iug of plaintiff's Ivife and family':) it' was a
foolish thiag for an old bankrupt and new
broker, to, drive a..'man to appeal to the pub-
lic ;—it was ,yotte only chance to drive a. bar-
gain in the dark. -,.- Will you go to a Jury, Jack ?
No, duck, although you do no.t .wui3t i)rAs, to
appeal to. a Jury will not suit your purpose, al-
though
gain is your God. Your character, your
precious, reputation, tan' which ydu have now only
to depend,, might stiffer: In the Courts of Jus-
tice, thereis a fiy, called in, Irons which .
you might catch some tain't, and give it to all that
is amiable, By Jingo, you run a Chance of losing
both your, nose and your; ears (here -there was an '
allusion to a rib of beet;
.which ' we c.:iiight very
imperfectly, and the meaning of Which five did not.
cOinpreliend). Since yeti are so fond of fishing
for pike, I would advise you to he more careful ;
you suffered the last fish to 'nibble all round' the
large fish, withoat hooking him who was :titer tite
ininuow,whivb, from inex'perience,allOwed hint to
seize What was best of it. (There- were smite:re- .
marks. as to the plaintiff being partial to tasting and
-and castigation-in his 14014, and 'advising hint
the whip, and to alio* his
not to use sb m u ell of
family soinetitne.s to fill their bellies.) .
so complete a 6fiber--
ratulating you on -t • 4
man,l)' Si
cannotAi yo"
bbedlype ctoullrig"