The Sun.
London, England, 1802-08-06 00:00:00

ASSIZES, VC.,

PCIIITstiOUTH, JUL' 31.—Yesterday sennight
fi determined by Lard EI:DoN, 'the Fong
' tie:ending, cause between the' NiNridow of the late
Mr. Peter Osman, .an opulent Farmer at Bea-amp.
Jon, and Mr. Thomas Batchelor, of the same place,
Trus!ee ior Mr. asman'sestate,and cif its. The
decree is, that Batchelor is', to give up all the pro-
fits of tie farm for the last five years, which time
•be has kept.it from the family it: his own hands,
and assign over the- remainder of the lease of 21
years, tulfairly obtained-. ,71 he profits are to be
. ascertained, it the Widow thinks necessary,- by
twelve respect able Farmers in the neighbourhood.
LEWES, SUSSEX, AUGUST 2.,L--1 his day the
Assize's for th,- County of Sussex commenced, be-
, fore the LOKD CHIEF ,BARON- and Mr. Baron
ii-oTHAm, the litter of whOm sat on the Crown
side, and the Other at Nisi Phus. Both the .Nisi
Prius entries, and the Calendar were quickly dis-
posed of—aone of the causes being of much

portance:
SPRINGATE Serjeant
SHEP-
liERD stated, that thiS was an .adion_ against• the
Defendant for wilfully, and maliciously shooting
the dog of the Plaintiff, which he valued at to%
To this accusation of the Plaintiff the Defendant
-had put in several special pleas—first, that the dog-
was a large dog—next, that he was a ferocious
dog----next, tint 'fie was mischievously inclined to
hire, and that he had attempted to bite the Defen-
daqt,' and he had gent 4f shot him in his own de-
fence. These pleas the Learned Serjeant said were,
as .he should most clearly prove, unfounded in
truth ;,for so far, from its being the faekthat the
Defendant shot the dog in his own defence, the
animal was lying at his master's doOr, when the
Dcrendant- Went home and got his gun, being de
termined, as he said, to destrorhim. With -resped
to the value of the animal, he most certainly wa
worth all he was stated to be. The Plaintiff lived
_ut Rye, and 'the Defendant also lived in the same
place near him. The Plai*ntiff got his living by
carrying fish from Rye to. London, upon which
occasions dpg accompanied. ,the fish cart, and
was itslaitilful guardian whew his Master was ne.
cessariiy absent. The dog, therefore, was to its
owner a most important .servant, whose loss was
much felt by his Master. As a farther proof that
the att. was wantonly dme, he should prove to the
Jury, that 'before the Defendant shot at the dog,
there Were some children near, and he told them
to get out of the way, in order that he might take -
'fair aim ; they did so, and he took his aim, by
which the animal was killed. ' This was a wanton
and unjustifiable `ad, for which he was •sure the
Jury -would give adequate damages.
Two Witnesses, of the name of Thomas Blake
and Joseph RUssel; proved the fad of shooting the
-aog in nearly the same manner as the LearnedSerr
jeant liad described it.
On cross examination by Mr. GARROW,• they
said, the dog was going towards the Defendant, and
admitted that he was shot in' the tongue, from which
the Learned Counsel inferred that his mouth Must
be open. .
The Plaintiff then called a, third Witness, of the
name of Stephen Jar rat, who quite turned the scale
against the ,Plaintiff; lie said, after proving that'
the dog was Shot by the liefendant, that he, was
very glad of it : it was a surly ferocious animal.
After this Witness was heard, the Learned Judge
advised each Side io withdraw -a Juror, which was
acceded to, and by which'each party paid his Own.
costs.