The Sun.
London, England, 1824-04-30 00:00:00

to the truth of which he had sworn, this action could not be
maintained.

The ATTORNEY-GENERAL submitted that the defendants,
if they questioned the truth of the return of particulars, were
bound to prove it false.
His LORDSHIP was of opinion that the onus in that respect
lay upon_the plaintiff'.
The Avrottx EY-GENERAL—Then I fear, my Lord, I can.
not carry my proof further upon that point.
Plaintiff nonsuited.
ASSAULT—MORNIND HERALD.

SWIFT V. THWAITES AND OTHERS.

This was an action brought by the plaintiff to recover from
the defendants compensation in damages for an assault com-
mitted upon him by the defendants, and also for having falsely
caused him to be. imprisoned in a watchhouse. The defendants
pleaded the genera] issue ; they also pleaded that the Plaintiff
committed the first assault; that he insulted the defendant
Thwaites in his own house ; that on being ordered to leave the
house he refused to do-so, and that he was therefore turned out
by force ; but that no force more than was necessary to put him
out of the house was used.
The plaintiff's case ,was conducted by Messrs. BROUGHAM
and IlactrAans ; and the defendant's case was conducted by
Messrs. SCARLETT, ADOLPHUS, CHITTY, and QUIN.
Mr. BROUGHAM having stated the facts of the case, of which
he proposed to give evidence, called
Joseph Wilfred Parkins-2I know the plaintiff; I know the
defendant Thwaites ;' he is proprietor of The Mortrsing Herald.
The other defendants are workmen on that paper. On the 17th
of April last I eniployed
,the plaintiff to serve subpoenas for me
upon a suit relative to the election of Berwick. I accompanied
him ; and as we were returning between eleven and twelve
o'clock he went into the defendant's office, which is situated on
the first landing of a house in Catherine-street, Strand. I called
for the purpose of getting some letters which I gave him for
insertion relative to the case of Byrne. I asked him for the
letters, and he seemed to be alarmed, and I think intoxicated;
he smelt of spirits. Ile at first said he had not read the letters ;
and upon my asking hith to give them to me, he said he
had not got them. I then expressed my surprise that he
should have parted with letters which were so essential to my
justification. I then again insisted on getting the letters.—
..He made no answer, but pulled the bell. I thought he pulled
the bell for some one to bring him the papers, and I accord-
ingly took off a pair of new gloves and laid them on his desk,
and intended to wait until the person rung for should have
come down stairs with the papers; but I shortly afterwards
saw a man who came into the room in his shirt sleeves, and
Thwaites said to him —" Turn these fellows away—let all the
men come down." Many persons, perhaps about 20, in working
dresses, and persons not workmen, came into the room, and
one of them put Swift out of the room. Swift is a small man,
more diminutive and insignificant than Thwaites. They at-
tempted to serve me in the same way, but being strong in the
arms, got my back to the wall, and putting my hands before
ale,. I kept them from me, although all of them were striking
at me. Whilst I was in the room defending myself I heard a
groan outside,- and a noise as if somebody had been pitched
down stairs. I then got out of the room ; and as I was going
along the passage a number of persons rushed behind me, and
although I laid hold of the banister, yet such was the force with
which they came, that they threw me down a flight of stairs,
and I fell upon the plaintiff, who was lying on the ground at
the fdot of the stairs. The fellows then began to stamp on and
kick at me and the plaintiff whilst we were on the ground. One
of them laid hold of me by the throat, but I laid hold of one
fellow, and notwithstanding the kicking which I got I kept my
hold of,him, and dragged him with me into the street, where
.the watchman came to my relief. Among the fellows who were
ldcking me and the plaintiff I could only learn the names and
address of the defendants. I gaie charge of them to the watch-
man, and we were all taken together to the watch-house. I was
unable to walk to the watch-house,without the assistance of the
watchman, on whose arm I leaned: In consequence of the
kicking which I got I sent for a snrgem, who put a bandage
aboUt my thigh, dressed the plaintiff's knee, and sent for a
hackney coach, in which we were taken home to my lodgings:
At the watch-house I was obliged to promise to attend next
morning at Bow-street, where I and the plaintiff' attended ac-
cordingly, to answer any charge which might be made. A
charge of riot was then made, but the Magistrate said he could
do nothing unless a charge of assault could be blade out; and
the defendants then, or the first time said they could procure a
person to prefer such a charge, and a person'was then sent for.
lie preferred a charge of assault; upon which we were bound
over to appear at the Sessions,. and I appeared accordingly, but
no prosecution was instituted. I believe the plaintiff will never
be completely recovered from the injury which he sustained on
that night.

.. .
Cross-examined—Whilst the plaintiff was in my employ-
ment, I gave him 2s. a-day ; I think I have given him about
30/. since that time. I think I'gave him about one guinea p:r
week whilst he was confined in consequence of this assault ; I
know I have-employed him, but I cannot exactly state the na-
ture of his employment ; indeed his employment was of such
a deecription that I might call it no employment at ell." 0 yes,
I have employed him in mercantile correspondence which I
have with different parts of the. world ; I have ernploVed him
upon accounts respecting 250,000 dollars which.' have in en
African island. :When, I went to the defendant's office it was
about half-past eleVen o'clock. . I will swear ' it whs.*
twelve o'clock. . I' said nothing . to Mr. ThWaites but What
I have stated here to-day. I took Swift to 'the office be-
cause he happened to be paaSing by et the tithe. I'don't
know the last place at which we called- before we went
into the defendant'S office. I was sober ; 1 was serving sub-
poenas at that letehour. Upon my solemn oath Mr. Thwaites,
did not deiire us more than once to quit-the room before he rang
the bell. Upon my oath, aftei the other persons came into the
room I was not desired more than once to quit the room, or
that if I did not leave I Should be turned out by forte. Upon
my oath I never heard Swift say that if any maxi laid hands
upon Sheriff' Parkins he should repent of it. Upon my, oath I
did net' throW a man down stairs, nor knack any man down
when, rgot into the street. Upon my oath I did not resist the
constable. I know a man of the name of Dallas. 1 did not
strike nor resist him that night, nor did Swift do so. -A
neat
rnany.of those who attacked me were Irishmen.. Thwaites is an
active, smart man, and taller than Swift.. . .
Re-examined.,--I - was on the most friendly terms with
Thwaites; and have Written many thiags for hiS Papec.,
Before Parkins gave hii evidence he was examined as to his
connection with` this action, and he swore that he neither em-
ployed the attorney, nor was answerable for the costs.
Thomas. Hind-1 was a watchman in April 1823. I was on.
the 17th of April on duty'in -Catherine-street, Strand. •In-cen-
sequence of a noise which I heardabout The Morning Herald
door, I saw Mr. Parkins, Swift, and a number of' other persons
—l'savi Mr. Swift very lame ;- I assisted Mr. Parkins; I saw
Mr. Parkins- have hold of a man by time atm :.the other Men•
were pushing and shoving Swift in a very violent manner;`
there were about a dozen persons shoving -Swift, whom they
were striving to get .out of the door ; when they got him out
iof the door, they shoved him down the street towards the
Strand. I assisted Mr. Parkins to the watch-house, where the
whple party went. When I first came up, Mr. Parkins gave
Charge of the other men ; and some other persons gave charge
of Mr. Parkins and the other. When we got to Si. illary-fe-
Strand watch-house, Swift was not able to-move. I gave Mr:.
Parkins's charge, but the street-keeper, who superintended the
bushiess for the constable of the night, refused the charge, and
said lie thought the charge of the other party ought to be taken.
A surgeon was sent for, and after he did something to SWift, a
coach was sent for to take Swift and Parkins hodle.
Cross-examined-1 was the first watchman that came up to
the office door; no watchman -nor -patrol came up until we got
into the Strand. I did not take any body to the watch-house
except Mr.-Parkins ; the other persons followed to the watch-
house. I had one of them in charge, but who he was I don't
know. I am not .now a watchman;; I gave -up -the situation
because my sister put me into the green grocery business in
Denmark-court; I don't live there now. I saw Mr. Parkins
next day at Bow-street, but I-can't say
.where I next saw him.
I came here because Mr. Parkins subpcenaed me..
.He-examined—That subpiona was served for my appearance
to give evidence at the Sessions.
Alexander'Sheriff—Cln the 17th of April, 1423, I was con-
stable of - the night at St, Mary-le-Strand watch-house, and-
recollect the parties being hronght to
,the watch-house ; Mr.
Parkins was apparently lathe, and Swift waslame also ; Charles
Lan.giman charged Parkins and. Swift with causing a riot at
.18, Catherine-street, and Parkins charged Laughnan and,Rvan
with assaulting him and throwing him down stairs ; attended,
next day at 11cm-street, and gave, in the book .in which the
charges were entered ; at Bow-street the Magistrate said it
could be nothing, as there 'was no cherge of assault against
Parkins ; a person, present said he could, tint a man to
,give
chargefor an assault, avd a persOn came shortly after and gave
a charge of assault against. Part
- Mr. Stanton—l ARIA surgeon ; I was called in on the morn-
ing of the 18th of April to see a gentleman at the watch-Ito-use ;
I saw Swift there; he was sull'ering great pain ; he had two or
three wounds near the cap of the knee; I'clid not seehim walk
it is 'prohable he -could walk, but it was necessary to keep him
quiet ; I attended hint about a fortnight, during which thne
he was ccinfined'io his room; he told me he was -so poor that he
could' not pay a surgeon, and he referred-me to Mr. Parkins.
Cross-examined.:.-Mr, Parkins said he Would not pay me any
thing, as Swift was not a constant man. •
Whelk' Stiehl-Smith—The-plaintiff' lodged in my house in
A P 1.111823. After the 17th of that Mdrith, he was unable for
five or six weeks to walk without assistance; he halts now; his
trow.sers were torn when he Came home.
CrAs-exatnint:d--,Wift wai'elitPloyed at one time as clerk.by

Mr. Harmer, as I have heard, but I did not know him at that
time.
The charges entered in the constable's book were then put in
and read.
•
Mr. SCARLETT addressed the Jury'for the defendants; be
said the witness who had been' called to prove the case for the
.plaintiff; had not with all his experience in Courts of Justice
yet learned the adroitness of .telling his story, in a way which
'
would render it probable, and if he were rightly instructed it! ;
should prove not only that he and the plaintiff had corninit4od
a wanton and, indecent assault upon Mr. Thwaites, but that
he had also this day committed gross, wilful, and deliberate •
perjury.
Parkins here said, Mr. Scarlett was stating that which was
untrue.
The LORD CHIEF JUSTICE (to
l Parkins).—Sit down, Su,
you must•learn to conduct yourself properly.
iVir. SCARLETT—WeII, 1 wont say that you have commit-
ted perjury, but I think that I shall before this trial is over
produce evidence which will convince my Lord and the Jury
that you have been guilty of gross, wilful, and deliberate per-
jury in more instances than one. The Learned Counsel then
•detailed the case, which he afterwards supported by evidence,
but whilst he was doing so, Parkins, who sat opposite to bin',
was grinning at him and making faces.
Mr. ScAuLETT—Don't make faces at me •; your grinninf
shan't prevent me from doing my duty?
Parkins—You ought to be ashamed of yourself; you are
stating that which is untrue.
LORD CHIEF JUSTICE-YOU must -Sit somewhere else, sit
where I can see you ?
Parkins—My Lord, I would rather leave the Court.
CHIEF JUSTICE—If you can't conduct yourself properlP
you ought.
Pdrkins then left the Court.
Mr. SCARLETT resumed his statement, and concluded bY
asking the Jury if they could believe Parkins as to his conduct
at Mr. Thwaites' office, if they were to judge by his conduct
that day in a Court of Justice. The Learned Counsel theli
called the following witnesses:—
John Robeson—l am a printer. In April 1823 I was em-
ployed at The Morning- Herald office. On the 17th of that
month, about twelve o'clock at night, I saw Swift go into Yr. I.
Thwaites' room on the first floor. At that hour all persona'
engaged on a Morning-Paper are very busily employed; anti
such an hour is, therefore, inconvenient to transact business.
went into an . adjoining room, which has a window looking
into Mr. Thwaites' room. 1 shortly afterwards heard words ia
Mr. T.'s room, as if some persons were disputing there. I went
into the room, where I saw Mr. Parkins standing, and smiling
in a manner peculiar to hiinself in the way of derision; Mn
Thwaites told me Parkins and Swift had grossly insulted him,
and •he desired 'them to leave the rbotn. One of the re-
porters then
.came in and remonstrated with Mr. Parkins
on his conduct ' • but Mr. Parkins would not leave the
room, and one of the gentleinen lifted Swift out of the room.
Another Gentleman then got Parkins out of the room, and
he attempted to get back and •struggled hard; he said he had left
his gloye in the room. Mr. Parkins had his arms extended, but
I can't say whether he struck any person. At this time Illr•
Parkins laid bold of one of our men named Young, and throff ' I
him down a flight of stairs; Parkins and Swift were then
pushed down stairs, and shoved. along the passage into the
street ; tnd as Parkins had hold of a Gentleman, 1 went out-
side the door to get that Gentleman in. In consequence of this
confusion the publication of the Paper was delayed for an hour.
Cross-examined—Mr. Parkins's usual hour at night to attend
at the office is I] o'clock.
Mr. Robert 'Bell—l was sitting on the night in question in
the room next the room in which Mr. Thwaites was sitting; I
heard a great noise, and Mr. Thwaites order some person out
of his room • 1 went into the room, Wherel saw Parkini and
Swift; Parkins was conducting himself in a very indecent and
sneering .mariner / went 'hack to my own room where some
Gentlemen were writing, and I told them what was, going on;
I- did not again go Out of that room, as I did not wish to come
in contact with Mr. Parkins. , Some of the Gentlemen left the
room in which I was, and de:;iied Parkins to go away as Mr.
Thwaites ordered him. Ile 'would not go, and I then saw pe;--,
sons pushing him along the passage. I never saw Mr.
Thwaites in liquor. •
Cross-examined—There were eight or ten persons engaged
•
in removing thetas.
Andrew Millortnell, a compositor on the Morning. Herald ,
Newspaper, corroborated the testimony of last witness.
Cross-examined—l never saw Parkins before; I have not
called upon him since, as I am not an admirer of his conduct.
Alexander 1114jausland, another. compositor, gave similar
testimony, and further stated that Swift, on being desired, tto
..
quit the house, put himself into a fikliting attitude, and chal,
lenged them to fight. Witness remonstrated with Parkins and
Swift, who assaulted him immediately, and dragged him along
the passage.
Walter Russell and James Gilbert, two other compositors.
give similar testimony.
Alex. Dallas, the street-keeper; deposed that he found Swift
at the door of the Morning Herald Ofllce'in a fighting attitude,
and that he took him to the watch-house.
Mr. John Dwyer depoved, that he was the persott that put
Parkins out of. the room, but he did .not do'so utilafter he
had remonstrated with him on the impropriety of his conduct,
and Parkins had refused to leave the room.
Mr Wm. Quin deposed, that he Was the person who put
Swift out of the room,: after Swift, who was in liquor, had re-
fused to leave the room. •

• •
Mr. BROUcliAbi. in reply, contended, that the witnesses who
were called by Mr. BCarlett had riot made out such a case as he
was bound ito prove, but that in fact they.sustained the case for •
the plaintiff: With regard to the lateness of the hour at which
the visit was made to The Mor'ning 'Herald Office, he would
say, that considering the' employment tf Mr. Thwaites, the
intimacy which subsisted between him and Parkins, and.all the •
other circumstances, there would. be nothing extraordinary in
that fact tipon which' snrnuch stress had been laid. .The case
for the defetee was simply this ; two men against twenty went
into the defendant's house, and gave that kind of provocation
which, if the evidence for the defence were true, must neces-
sarily have provoked an assault.' He considered, that upon the
evidence there a material difference between the case of the
plaintiff and the case of Mr. Parkins,: if he were to bring his
action.—The defendants were bound to, prove their justifica-
tion, that , the plaintiff created a " noise and affray ;" 'but
.even taking the whole of the evidence for the defence as true,
the most it amounted to. was this—that the plaintiff accom-
panied Mr. Parkins to the house of Mr. Thwaites, who was
treated by Parkins in rather a' contemptuous manner. He
trusted that the Jury would give the plaintiff ample damages
for the unprovokedy (on his part) injury sustained by him, and,
the effects of which will very. likely last throUghout the whole ,
of his life.

HisCOßDsuir recapitulated all the evidence, and observed
that the question for the Jury's consideration was, whether
the plaintiff refused to leave defendant's office, and whether
more force than was necessary to remove him from the house
had been used. If the Jury should be of opinion that the
plaintiff had committed an assault, or that having refused to
leaVe the house no more.force than was necessary to put him
out had been used, then their verdict would be for the de-
fendant. If upon either of these points they should be of a
contrary opinion, then their verdict must be for the plaintiff.
The Jury having retired at half-past five o'clock, came into
Court at a quarter past seven o'clock,' and returned a verdict
for the defendant.

BIRTH.

On Thursday, the 29th inst., at her house, 69, Baker•street.
Mrs. Brahatn, of a son.

MARRIED.

On Monday, the 19th inst., pt Overton, Mr. Charles -
ville of Muswell-hill, Middlesex, solicitor, •to Eli., ,
eldest daughter of the late Henry. Tanner, of Loclieridge, ll' i!,,
Yesterday, at St. BOtolph, Aidgate, Francis Ceal, to El' .
beth. fourth -daughter of the late J. Moravia, Esq., or •
London-street.

On Thursday, the 29th inst., M. Tatham, of Lincoln's LI
fields, solicitor, to Elizabeth, eldest daughter of the late Rev.
Edward Parker, of Durham.

DIED.

At Meriden, on Wednesday, the infant daughter of Lord
and Lady Lucy Clive, aged 2 months.
On the 28th inst., at the Retreat, Downhatn7 Norfolk, Thos.
Scott; Esq., of London:
On the 27th inst., Mr. Thomas Greatrex, millwright, of St.
John-street, in the ad year of his age.
On the 26th inst., at Upminster, Essex,- John Janson, Esq.,
formerly of Darlington, in the caunty of Darham.
On the 14th inst., at Hampstead, and on, the day of attaining
the 14th year of her age, Mary' Ettpliemia, fifth and eldest sur-
viying daughter of thelate Sir Alexander Macdonald Lock-
hart, Bart.

In February last, at Paddington, in her 81st year, Pennel,
relict of the'late Major James Grant, King's American Regt.
On the 16th instant, at the advanced age of J 5, Mary, widow
of:the late Mr. Richard Whitehead, farmer, of Trowell, Not-

, . .. ,
. ,
tinghamshire. She was the mother of twelve children—npmely,
seven sons and five daughters, and lived, to sec' of their issue
three generations, consisting of forty-nine. grand-children, one
htindre4 and five great-grand-children, and twenty-two: great-
great-grand-children. Total of her progeny, Isu. . .

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