The Sun.
London, England, 1823-08-11 00:00:00

ASSIZE INTELLIGENCE.

31ATbSTONT, AUGUST S.
CIVIL SIDE.—NEWSON v. BATTEN.
TI Via; an Action of assault and battery.
Mr. Malt u rATT stated the case. The plaintiff was Wine.
.geon anti apothecary, and the defendant an auctioneer.. Both
parties resided in Rochester, and were brothers-in-law, having
married two sister:. They were otipotted to each other in pub-
tical opinions, and, party-spirit running high in Rochester, a
strong feeling of hostility on this score, mingled with some
family disputes, rendered them any thing but good friends. In
consequence of some Misunderstanding between the lat tiffend
a Mr. Nicholson (the defendant's uncle) on the 14th June WA
year, which arose ft tim an interchange of uncourteous looks, the
defendant next day met the plaintifrin tlw streets of Roehester,
anti called him to account for the supposed insult which had been
..given to Mr. Niehalson. The plaiiitliftlisputed the right Of the
defendant to interfere in another man's quarrel, antrendeavoured
to avoid him. The defendant, however, said he ahould stand in his
uncle's shout, anti challenged.the plaintiff to the field of honour.
This invitation the plaintiff' did not feel himself bound to accept,
declined the meeting, and remonstrated in'mild terms w ith the de.
fondant upon the imprutlenceof metliffingin'an atfitirwith which
he had nothing to tin. tint this moment the plaintiff was stand.
ing in the both road, with his hands behind his back, wholly
unprepared for any attack, whilst the defendant was standing
on the curb stone, anti without any intimation of the tiefendint'a
intention, the ratter aimed a ferocious blow at his face, and-ill.
, lett him to the ground, with his head in the kennel. Stunned
with the blow, he was unable to get up without assistance. His
.face was covered withhintid, his eye Immediately swelled, and
he was carried to a neighbouring hotel, end thence to hishouse,
where he retmined for more than a 'week unable to follow his
professional pursuits, For this cutely* .mtl brutal win* the
,earned Counsel claimed, on behaff of the plaintiff, a' liberal
compensation in damages. ,
Alt Malley, a gentleman living at Clapton, who happened
to be at lioeheiter on the ,15th of Jane, on Intiness, observed
the plaintiff anti the defendant engaged in warm conversation
in the street, opposite the &tit of Alt. Wiftiash, the bookseller/.
lie was a perfect strtuiger to the parties. lie had gone into the
bank, and on corning out again he saw the defendant strike the
plaintiffa yi(lieUt blow on the face, which knocked hintdown.
The plaintiff did not appear to hove been in either an offensive
or defensive popition wlien•tbe bin w watt struck Witneas went
, up to the plaintiff to assist hiui' and Observed his face covered
with blood. .11e appeared to be Considerably hurt by thh blow.
When the Win
plaintiff' getting up, the defendant put himself
• into a boxing attitude,' as if etpecting a remelt of thi,
Witness interposed, and acid to the defendant, " If you have
quarrelled with the gentleman, there are means of settling it,
loiter Than thriseyou have adopted." Defendant replied,
know it,•Sir." 'Witness, apprehensive that the defendant had
initttaken hill meaning.. and that he Attended to recommend
duelling, added;," You had better have had Stlverrst! totnUtYal
friends to settle• Your titillvencee." in thh mean time the plain-
' Miami carried into the, c,4 cower-hi:lw- •
William Serjeant deposed, that between'l2 and 1 o elept
gaged tii an angry convetsatinn. Ile did nut distinctly hear
• the day- in question, he observed the defendant and plaintiff en.

PRICE

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what passed,; they appeared to he speaking about two shilling e.
Words of anger passed. ileard the plaintiff say that the de.:
fondant had no , busitietti with it. The phintitT appeared to
speak mildly. The defendant was not hi a rage, but was•vesy
angry. At thii dole the plaintitTluul both, Ina hands b4b,utd
his back; With a small switch in one hand. The defendant un-
mettiately struck the plaintiff a violent blow, which knocked
him into the gutter. After lie goup, the defendant wittared at
him.

Mr. James Scott, a watchmaker, Debt
,Oppoelte Mr. Wit_
dash's library deposed that. he was etigqed in adjusthigthe
sun-blind of his shop Window, when lueobes•rrial.the pities in
warm conversation. The plaintiff exclaimed, You have ha:
thing to do With it ; I shall dO no ouch .°lll- tiet'hrafr
what the defendant said. The plaintiff opened tie' tie effgmg
away, as if he was desirous of avoitting the plaintiff, and pass,
ing on. .loth his hands were behind his 'bas6.k, in, one of
• which was a slight stick.' The defendant °waited: him in
front, and appeared to wish to prevent his paean% on. •The
plaintiffreccaled until lie came to Mr. Wildash's doortandahan
the defendant knocked him down with great violence:..:
Witnesi rushed 'aeross the way to prevent a recurrence of
the blow. When the plaintiff got up, he said to witness "'Mr..
Scott, I don't deserve thin violence; I did not expect'
Witneas helped him into the coffee.himets. He was left4ding,
and there was a eonsideruble swelling about the rime.
Mr. Adams, a surgeon, deposed that the etas of the blow
were very, se_r"ipus. Fur the 'Ern sae days the plaintiff Was unable
to go out. Hid face was greatly disfigured. There had been
a great loss of blood:.
Mr. Thompson, another surgeoa, deposed,. that until the
fourth day the plaintiff's life was in danger.
Mr. Otlar; Es; addressed, the Jury en behalf of the defen-
dant. He admitted the violence of, the assault, and that
verdict must go against his client,, bin Was prepared to' shew
that , the provocation given by the plaintiff was such as that
flesh and blood conld n et bear it, and car,sequently that
the damages must he reduced •to a mere nominal sum:
The defendant cues a ratpectable'young roan. • lie had been
brottght up from his infancy by his uncle, Mr. N. Nicholson,
towards whom he entertained the affectionate and dutiful feele
ing of a son ; for to him his uncle had been a father, and had in
every respect treated him with the most parental kindness.—
Standing tft this relation, he was entitled to the same consident-
lion for hurnan infirmities, if he resented with a proper faith a
gross instill, given to such a relative, whose health, strength., and
years, rendered him unable to chastise the plaintiff's. inseleare.
It would appear, that' On the 14th of June, the plaintiff met
Mr. Nicholson in the, streets of Rochester, and treated
him in the most off'ensive manner, by conteniptuously survey-
ing hiM from heed to foot, and using gestures which it was
litipaselble to misunderstand. Mr. Nicholson had just
risen from a bed of sickness; and. was wholly unable to
resent the indignity. Mite conduct reaching the defendant's
cart; he Was naturally desirous of remonstrating with the
plaiptiff' upon hi misconduct. He sought an interview with
the plaintiffe but with no intention of committing any violence.
It was the plitintitra twin conduct on that occasion which pro-
Yoked the act of intemperance of which the defendant war
guilty ; anti when the jury heard the provocation, they would'
think that the clutatisement which the plaintiff received was
well merited. The defendant at firm mildly remonstrated with
the plaintiff tfpon his conduct towerds his uncle. The plaintiff'
acid it was no buttineteof the defendant, and added this insult-
ing remark, If Mr. Nicholson chooses to taitploy a bully toad-
vocate his cause, 1 can hire one too fora +hillits;;of eighteen
pence.' This' was accompanied by an attitude of defiance; and
an intimation that he was ready to settle the matter then. Un.
able to restrain the feeling* of indignation which such an insult
Was so well calculated to excite, the defendant gave way to his
passion, and instantly knocked the plaintiff down. Could he
have done less ? If he had tamely submitted to such an insult,
he malt have been something more or less than man, This
was the real state of the case, and the jury, making that al.
lowance for human ititirmiq, which even the law itself afforded
in such cases, would dismiss the plaintiirs action with the
contempt which it deserved.
Mr. Uriltlash, theta,okseller, deposed that he waracquaint=,
id with all the parties. On the 14th of Junc, Mr. Nicholson.s
was standing at witness's slurs-dour talking with Lou, when the
plaintilf Cattle up and pltiedd himself in opposition to %h r. Ni,'
cholson in attitudeot contempt. lie surveyed !titers head
to font with a sneering scowl, anti made a motion with his stick
backwards rand forwards. This insult was repeated tour times,
Each time the plaintiff went on a few pacts, and returned to
repeat the affront. Air. Nicholson corned away his head, .and
tried to avoid Mule At this time /qr. Nicholson, who was isti
years old, had'been eititincd to his house tor three weeks with
the atone. Iltr had just come out, and was in a very weak ctrui;
elated state. 'Witness did not know the occasion of the afriont.
!Ur. Nicholson appeared very much agitated. Next day.
between twelve and one o'clock, witness met the Frefentiant
near his Oils door and the latter naked him if he was
particularly irgaged: as he wished to epeak to him rvapect-
ing the insult offered' to hii: uncle. Wittier' replied in the
negative, and returned with the defendant towards the shop,
door. In about half an hour the plaihtillcatue up, anti the des'
tenant said he a ished to speak a word with him. The defend.
ant then said, " Certainly ; two if you please." The defend-
ant then said, " 1 understand you yestertisty geoesly insulted
my uncle. You niuii be aware what a benefactor and friend
Mr. Nicholson hat been to me, and how unable he is'ftorri hia
present illness to meet ouch conduct." The plainti Ifsaid that the
defendant's uncle might he ill perhaps, but time was nOthingte•
hint,;' that he had insulted Mr. N., because fflr. N. had in.
nutted him. The defendant then said he hoped it Was not intend.
tit to take arty advannige of his uncle's illness. The plaintiff re-
:plied, that es for his illness he thought the (tandem had no
• bin:shwas with Mr. Nicholson's quarrel, anti that if Mr.
Nicholson chose to eriatiloy a bully to advbeate hie cause,
'he might get tine. too. The defendant Mid "As for a
bully, of to description you mean, one can be procured at
any tune for 1811. or 35.; but to convince you that my object
is not:to Untie you, if you will appoint a friend, I will rip.
point one also. The plaintiff then said, " 1 don't under.
stand your gentlemanly whimsicalities of friends and pistols.
—r am always ready to stand "tan my own defence. And
pray, Sir, who sire you, for t care just as much for you as your
uncle." The defendant then said, "If you only repeat the in-
sults to my uncle, I must place myself in his shoes, and had
I been present yesterday when you insulted my uncle, sooner
than you should have repeated the insult, 1:Would have-brought
Myself into penamel contact with you." The plaintiff diets
suet, '6 As for than, the emitter the better ;' 1 0111 ready 4" and
moved himself one step backwards.,' open which the derendiult
struck' hint in the manner already described. This was the
defendant's case.

311". M.An WYATT, in reply, centended time the pttintiff',s
claim to tittbillges vas undiminished, notwithstanding the evi.
Bence of 31i: Wilthilkh. It *as clear that the defendant bud
. nought 9narrel with the plaintiff, who was evidently averse
froni any wish to place himself in contact with the dkfentlant,
and be could not help snymg that the behaviour of the defen.
dart in striking the plaintiff whin he Was unprepseed for arm
tack, wag u cowardly and dastardly act, and very much' like
the conduct of a gutter bully.

Mr. Nam flitafiast summed Up the evidence with impair.
tiality, and left it to the Jury, to say .what daruages they would
give the plaintifrunder all the circumstances or the CRIAN
The Jury deliberated a few minutes, and found their verdict
for the plaintiff—Darnages 4W. Costs 40s.