The Sun.
London, England, 1824-04-16 00:00:00

CORNWALL LENT ASSIZES.

LAUNCESTON, lllAncu 31.
SIR ItOkii74ixek, sAR'f. v. iIAYNTER.
The present trial, Mr. WILDIC said, took place in conse-
quence of an information laid by the plaintiff; charging the de-
fendant with using a gun to kill game, he not being qualified
with haying game in his possession, and with exposing it for
sale.

! Mr. Segeant PILL in addressing the Jury stated Sir Rose
Price to be a tientleman of property living at Trengwainton, no
great distance from St. Buryan, where the particular transac-
tion that led to the present action took place, which was all he
should then say of him ; that the defendant, Mr. Edward
Paynter, a solicitor of that Court, belongs-to a very respectable
family in the County, and as far as he had any reason to know
(a duty he should discharge withodt tear) is a thoroughly re-
spectable man. But he would not enter into those parts of
the case further than they might tend to shew whether the
story which would be told by the witnesses was true or
false.—On the 6th of October, at Boslive, a place he be-
lieved which belonged to a near relation of defendant, in the
parish of Buryan—or if he should have mistaken the name. of
the place he was sure nobody would believe he did it inten.
tionally—it might bear some other name—he did not affect to
say that it did not—but unquestionably the property belonged
to-a very near relation of the defendant—certainly in the parish
of St. Buryan.— Well, on the 6th of Oct. Mr. Edward Paynter
.was found pursuing game—he had with him a gun and dogs_
he believed more than two—and was then looking after part-'
Midges, and undoubtedly looking after game on his own rela-
tion's estate, and as far as that went there.could be no cause of
complaint against this gentleman ! If this be a correct report of
the Learned Serjeant's opening speech (and we have no reason
to doubt the accuracy of our Reporter) there must hare been a
struggle between his duty and his feelings-He sat down-we,
are informed under evident embarrassment, and called
John Eddy.—l am a tenant of Mr. Paynter of Buryan. I
know the defendant, Mr. Edward Paynter; between the Ist of
last September and Christmas, I saw him at Buryan ; he had
a gun in his hand and 5 or 6 partridges, which were dead ; the
defendant had shot them ; he had two dogs with him ; Ido not
know whether they were pointers or not.:

Cross-examined by Mr. Witxrams.—The defendant is first
cousin to my landlord, Mr. Paynter, of Buryan, and was on a
visit to him when he shot the partridges. Mr. Paynter has a
large estate in Buryan ; Sir Rose Price has no land there, but
he had leave to shoot on Mr. Paynter's property, and has shot
over it for many years with Mr. 'Paynter's consent. Shortly
after I saw the defendant with the partridges,' Sir Rose Price
came to me, and asked me if I had seen any birds lately. I
told him I had a few days before. He knew I was a tenant of
Mr. Paynter. He asked me ifany person bad shot there litely,
except Mr. Edw. Paynter. I sai&no as no person had liberty
to shoot over the land except himself (Sir R. P.). He asked
me some more questions, but I begged to be excused answer-
ing, that as I was a tenant to Mr. Paynter, the defendant's
cousin, and my answering,might do me a great deal of injury.
He said, " I'll give you my word and honour you shall not be
injured." He said he had two other witnesses who gave him
the information in the first place, but did not mention their
names. He continued to urge me to speak, and I tried to avoid
answering. He said he was rather displeased with Mr. Payn-
ter, the defendantfot coursing4ith what he Celled r•adii.al dog:,
on his (plaintiff's) ground. He desired me to keep what passed
between us a secret, and said, " you must not tell your wife,
as a woman cannot keep a secret." We were in the cow-house
talking at this time. I told hiM I should tell my landlord of
what he said. Sir Rose Price met afterwards at Penzance
market, and asked me if-/ had. told Mr. Paynter whit he bad
said to me ; I told him I had. He said he was sorry for that
as he had told Mr. Paynter that he had never spoken to me on
the subject. I know Sir R. Price was invited to dine with Mr: 11
Paynter the day after the defendant killed the birds, which
designed for the Baronet's dinner. took the birds hothe to Mr.
Paynter's house as soon as they were killed • and he told me '
his cousin (defendant) had shot them by his &sire, as he'ex-
pected company the next day. Mt. Paynter is himself a qtta
lifted man. I repeatedly begged Sit Rose Price not to bring
the business fortaard, as it might injure me with my landlord ;
he assured me.,he would write to Mr. Paynter; that I might
not be injured, but I never head that be had done so.
Mr. C. F. WILLIAMS'then- addressed the Court and Jury
on the part of the defendant as followS can very unfeignedly
say that I never approached a case that gave me such sincere'
and heartfelt 'pain as that which I stiffer when I addiesi 'you
on the -present occasion; but before I address myself to you on'
the particulars of the case, let me thank my Learned Friend
Mr. Serjeant Pell for the gentlemanly manner in which he
opened this case, let me also express my unfeigned admira-
' tion of that delicacy and honour, the sensation from which at
the time he opened this case embarrassed him to a degree r
have never witnessed before in the course of my life. Gentle-
then; you heard a man of lionou'r,"'a man of delicacy and prin-
ciples.' endeavouring- so far as he'could. to gloss over a Case at
which his feelings revolted, and which his heart abhorred ! I:
never saw my friend to more advantage, because I never saw a
more perfect illustration of that which I long before knew,
that there is no person who would feel a greater indignation at a
violation of that which would be considered just, which would
be considered a violation of principles and of honour, than my
friend ; and when he was opening this case to you, I appeal to
your own observation and to those who hear me, ifever yetr saw a
person of those talents and experience so embarrassed as my'
friend was under the operation of these honourable feelings
he always-possesses; to detail' to you a ease that he "kite* the
moment it was investigated would turn out to be one of the•
most nauseous and loathsome description. -And it will now be
my duty, having paid my friend the compliment' which he.
truly deserves—it will benow my duty to call your attention'
to the case before you. My friend told you that the defendant
on the record is a gentleman of great respectability in life, an
attorney by profession, and that he is connected, with a name
and- with a family of very ancient existence in this County, that
he is connected by near kindred .with Mr. Paynter of 13.oskenna,
a man-of Whom when I speak I know I shall have yours and
every-man's' concurrence maids County, is it man whose pro:
perty,and.opulence are the least-recommendation to him,'a tnan •
who by his conduct to all classes of life, and especially to thOse
persons' Who are' connected with him by acquaintance and friendship; such•as entitle him -to entire regard. Gentle'
men you might learn something of this from his' conducrto
that man Who' is the prosecutor of this action. You have
learnt from that respectable farmer, that Sir Rose Price,
being' a perion attached to hunting 'end lamming, had receiv-
ed from-Mr. Paynter himself, year after year, the privilege 'of
shooting over his entire property without restraint or restric.
don of any kind. Gentlemen it 'is the first cousin of that
fentleman who is brought into this Court, my friend says not'
or- penalties—For *hat then did Sir, Rpse Price, Bart. of
Trengwainton bring`the cousin of his friend and acquaintance,
and ein tills case his' benefactor—for whafptiriaise slid he draglihn to these Assizes and place him hefore you, but for the.pur,
pose of extracting ; from his' pocket a few miserable penalties--
for what ?' for killing the game of own relative togratify.
the appetite of Sir Rose Price the following day.' This is a
Baronet, a mart as nty friend calls him Of condition in this
County-.4ie has actually 'come here to bring hither for the Put.
pose of extracting from his purse several penalties 'under the
Game Laws, because this young gentleman in Cdanpiiance
with the • request of his own cousin courteously 'went out
to procure that sort of luxury for the table at which Sir:
Rose Price was to, be himself a participator on the fol.:
loWing day. IS not this enough to hurt every body's'
feelings and none more than the honourable feelings of the
person who is the advocate on this occasion.—ls it not enough.
to revolt the feelings of every man, who hears me say this ? If
Sir Rose Price had found 'a person who had b'een a fair wit-
ness, a person unconnected with the party—if he himself' had'
witnessed this.—But conceive, Sir Rose Price, Bart. skulking
into the fields-of kis friend and benefactor—going to his own
tenant,'and insidiously affecting a kindneas' to' that man, lead-
ing him into Conversation-, and extracting from that man
willingly and reluctantly, as his honest mind states, informs-
• don upoh which to' convict of a penalty the first eonain of his own
friend and; acquaintance; -and where ? upon- that very prOper
ty which this gentleman had yielded to ilia pleasure and amuse-
ment for years past, 'giving him almost an unrestrained com-
mand over this. property !—Tliis is a Magistrate 'of this 'coun-
ty, Sir Rose' Price, Bart., of TrengWainton.—Gentletnen,.
let me go on with this history, that it may be known.thrOiigh
the Counts.—the Court of Justice here' and I care not a far-
thing about the penalty you may award, if you think Yau'ertri
award:any. Ido not defend—l run not here as the advocate
of lrflr. Paynter of Gray's Inn, the respectable person as shy
Frsend designates him : I am here for time friend of Sir Rose.
Price; the gentleman who gave him the libertyto shoot Over.
his property ; I ant here for him avowing to you he says, "that
young Gentleman who is under my protection, who was under
my roof, who'was my guest, who is as dear to me as a near
relative -can be- thee G'entlernat shall not sutler from the pro.'
seention of Sir Rose Price; go you into Court and state the
whole facts : I will.pay the penalty. Sir Rose Price shall ex-
tract every shilling of the money from my pocket, and not
from thy relative and friend. Who went by my desire to minister
to the comforts and enjoyment of -Sir Rose Price, on the fol-
lowing day."—l am here representing Mr. Paynter in point of
fact of Boskenna, and to ihew you (and I will come presently
to a reason) why :I have,extracted the evidente .; to spew you at
ail events-that the- great part of the penalty Sir. R. Price will
not have the joy of pocketing. I shall be enabled to chew
you presently• that your honest consciences under my Lord's
direction- may-at all events rescue the friend and-benefactor of
.Sir Rose Price,. Bart. from the 'eight penalties for the birds he
had 'in his posscon. 'Do you know what Sir hose Price is
obliged to say on the record fur the purpose of extracting- these

penalties' In the first plat!, that Mr. Paynter, of Ortif•-104
had exposed to sale the birds he was carrying home to the table
for the benefit of Sir Robert Price. 'I am actually defending
on this record ; I am actually defending one of the Mr. Pais"'
ters against the payment of a great number of 51.
he. Tienalties', .forhaving as called exposed to sale the birds which' hlde
his possession at that time, such birds being killed' ely tha
sire of Mr. Paynter, of toskenna, (the friend of this Bart.)
go to the table at which he was invited to partake.
Now, Gentlemen, let me come to the other
part. lien* A
man of rank, no doubt of education, here is a man who by
being, I suppose a landlord himself, would know that there is
something sacred in the feeling of kindness and hunianity:hr
tween a landlord and tenant. If there is one thing which ors
man would cultivate more than another, it is that relation
between landlord and tenant, that kindness, that mama
desire to oblige and to be friends, which I hope has hi-
therto subsisted, and I hope ever will subsist between the
English landlord and his tenant : but among the beats
conferred on Cornwall by Sir Rose Price, Bart., is that of
taking the tenant to give evidence against the cousin of his ofri4
landlord against his will, against his professions, against hio
earnest entreaty that he would not place him in the situation of
offending his benefactor and landlord. What does he etate.to
him ? He tells him to keep it a secret, and it shall notinjois
him with his landlord ; he entreats him to withhold that from
his landlord which it was his duty to tell. Here agaip I ask
with "what feelings must every man in this Court from the
highest to the lowest hear a man of his station and educatiO
teaching hypocrisy and meanness to a respectable farmer, ;Jr_
the tenant of his friend ? Is this all ? That man on his oats
has told you that Sir Rose Price actually told him that he. 'go
sure he had mentioned this to Mr. Paynter; for what do you
suppose ?—that Sir Rose Price had so far disgraced, had *Of"
degraded himself as to have gone to Mr. Paynter and told hi)*
of that which was not founded in fact. He had told him he di'
dared toyou on his oath that Sir Rose Price told him he was scarabs
had told the fact to Mr. Payn ter, for that he, Sir R. Price, contra/
to what the fact as he states on his solemn oath runs, Sir R 0
Price had gone to Mr. Paynter and told him he had acttutlV
not seen this man and had no conversation with him. Goal.-
men, have I stated to you that which the evidence does not Co--
able me to do ? Have I uttered a word to you that that honest
man's testimony has not given me the fair foundation for ?
Have I uttered a sentiment which does not come home to your
hearts--have I expressed a principle in which I shan't have the
concurrence of every honest and virtuous mind ?—I can only
say, Gentlemen, in one single sentence, that I would rather bc
the man who wanted bread to eat, I would rather be the man
who had expended the last farthing in my miserable pocket, I
would rather be that man and with him feeling a fair and clear
heart, than the man, whatever his wealth, who could descend OP
the conduct that I have been pourtraying here this day. No.!,-
Gentlemen, I will just then state to you in a few words the
whole of his conduct. Sir Rose Price is the friend and
quaintance of Mr. Paynter of Boskenna ' • Sir Rose Price, ad
a mark of that friendship, barters with Mr. Payntees owo
tenant to betray in point of fact his first cousin ; Sir Rose Price
is permitted to enjoy the dominion as it were, but" certainly
to exercise every sport and amusement over immense prg-
perty of Mr. Paynter of Boskenna ; Sir Rose Price re-
turns that by visiting by severe penalties the first cousto of
that gentleman who bestowed on him that liberty and privilege;
Sir It. P. is there as a landlord, and as a magistrate ; that JEW
lord and that magistrate has to this man Eddy acknowledged
that he had been to Tlr. Paynter and said that which was not
true ! So that a Justice of the Peace of the County of Cornwall
is actually stating to a farmer, the tenant of his friend and be:.
nefactor, that he the Justice of the Peace—a Baronet, and 4
man In his condition and station of life, had actually been do
Mr. Paynter, and had stated that as a fact which he big! At ti.le
MOment was untrue !—This is the person who is the plaintiff
on the present record.
Gentlemen, for the shooting of those birds you must give
your verdict against me. I stand here for Mr. Paynter to toll
you so, and that he would not, whatever your honest feelinge,
might prompt-you to do, lie would not that I should try to !e-
-duce you from the discharge of your duty.—No ! whatever Six
itose Price may do, and wish his tenants to do, I at least will
never descend before a Jury to depart from strict right, film)
the path of duty, or hold out an example pernicious to society
in every class, most abasing and disgraceful in the one from
which the evil example comes. I am now going to state throup
you to my Lord that on which I found my title to yoar verdict
on the one count, the most disgraceful of all—
Mr. Serjeant BosANQU —You only go for one swell
Mr. Witatte--It is in your Lordship's hands.
Mr. C. F. Wzr.a.f.tats.—l was going to she! Lordship'
Lords
the 'possesaion of the game had never been in Mr. Edwam?
F'aynter,

• cholu3.lll'rrliferrt..3::: discharge the Jury on that head "4
deal with the rest. '
by
intimationftthwearodaunlbdenenotd ohteve earlier,t
shpr oarsedni
tt
nowssot
. F.
my 1:ord, that" hieh I have just stigmatised as a disgrace'7,.;
thatabandoned. If
I
ared nie snitch; t—t
t A
the
discharge of my duty in, I. hope, a fair, candid, and deAntlesits
manner, because I would wish that any man, however high,
who is doing that in society which is teaching personi is tbR
situation of life of that honest farmer, a species of treacherk
when he is chewing him that a Magistrate, and a gentleman
that rank could do that which I won't repeat in the langUaga
might dr), but which the very reflection—the very entertainirli
the notion, really-make a man shudder: I only say nctw 04'-
I am perfectly contented that you shall return at the special la-
stance and request of
.Sir Rose Price, Bart. that you shall no-
turn a verdict of Al., which will carry the costs from his &legit
Mr. Paypter, of Bokenna, who for year after year has bestoived,
on him kindness and courtesy to the utmost degree, who has,
almost given the•enjoyment of his estate to him for his amisse-
rnent and diversion. • At the request, therefore, of Sir 14444,
Price, you must return a verdict of 5/., which will visit on Mr.
Paynter of,lloskenna, his friend, I would say his beaefact9T4
the cost of this most —_-__. there is no term in the Englisb,
language can express what this action is !
Mr. Sergeant BOSANQUET summed up, and after telling,
the Jury that whatever' hey or he might think of the proprier
of bringing this action, or the motives of the party, theyinaSt
dieobarge.'theit' duty on their oaths.—The Jury then fount'
verdict ,fo.ir the plaintiff, Damages 51.