The Sun.
London, England, 1840-11-07 00:00:00

FERGUSON V. SPENCER.

In this case, which involves an important question as
to how Jar the operation of certain provisions of the Irish'
Binkruptcy Act have force in England, the arguments
were adjourned to to-morrow (this day).

BAIL COURT, Nov. 6.
RA.DFORD V. SIMPSON.

Mr. Humphrey was Counsel, and Mr. Branscombe,
of Wine Office-court, the Attorney, for the plaintiff;
Mr. Platt appeared fcr the defendant.
Mr. HumrfittEY said that the plaintiff, for whom
he appeared, was a labouring man, a journeyman baker,
and that the defendant was an inn.keeper, who kept the
Black Lion at Bayswater. On the 14th May the plain-
tiff, accompanied by a person named Godlyman, went
to defendant's house, and had some beer in front of the
house. Plaintiff afterwards went up the yard, and
placed himself against a pump, near the stable, for a
certain purpose, and, while thus engaged, defendant
and another person, named Rymes, who was known by
the nickname of Chaffy, went up to him, seized him by
the legs, and ducked him in the water-butt. In doing
this, they dashed him against the side of the butt, and
in consequence several of his ribs were broken. He
was confined in consequence for six weeks, and his
doctor's hill amounted to ten guineas, and it wi.s
to recover compensation for the irjuries he had
sustained that this action was brought. The
Learned Counsel then called Godlyman, who deposed
to the circumstances detailed in the speech ; he swore
distinctly that he accompanied the plaintiff from the
front of the house into the yard, leaving three loaves
and the pot of beer on the table, in the front of the
house, without any person to watch them, that he went
to the usual convenience, and which was only calculated
to hold one person, and the plaintiff went to the pump,
a place which he (witness) had used frequently before
for such a purpose, and that he saw the defendant and
Chaffy throw plaintiff violently against the butt, and
that there was no woman near the place the whole time ;
plaintiff he said was drunk. A medical man named
Wheeler was also called, who attended the plaintiff.
Mr. PLATT for the defence said, he should prove that
no assault whatever had been committed, and that the
plaintiff had in the most beastly manner exposed his
person, and was remonstrated with on the subject, and
that in staggering he had fallen against the side of the
tub, and thus bad fractured his tibia He then called
a Mrs. Ward, who deposed that she was at the pump
at the time plaintiff came up drunk, and exposed his
person; she was much disgusted, and called her husband,
who was in the yard at the time. Godlvman was not
in the yard at all. The husband, Ward, corroborated
his wife's testimony, and zaid that he came immediately
and " blew Radford up about it," and defendant also
came out of the stable on hearing the row, and told plain-
tiff he ought to be ashamed of himself. Plaintiff, in
attempting to button himself up, staggered and fell against
the tub, and his hat fell into the water. Witness took
it up, put it on his head, and was leading him out of
the yard when he met Chaffy, to whom he delivered him
up, and led him out to the table where Godlyman was
standing. On his cross-examination he denied that he
had ever told Mr. Wheeler, the surgeon, that his master
and himself had served plaintiff out.
Four other witnesses corroborated this test;mony ;
and one witness, who was standing at the bar •of the
Black Lion, which commanded a view of the table in
front of the house, swore that Godlyman remained at
the table during the whole time plaintiff was absent.
Mr. Wheeler, the surgeon, was recalled to coniradic
Ward, when he was submitted to a rigorous cross-exa-
mination ; in the course of which he admitted that he
had taken the benefit of the Insolvent Act, and that
he could not tell how many times he had been in prison.
Mr. Justice PATTESON, in summing up, said there
was gross perjury somewhere, and it was for the Jury to
say what set of witnesses they believed.
The Jury returned a verdict for the defendant.