The Sun.
London, England, 1858-12-13 00:00:00

LAW INTELLIGENCE.—Dec. 11.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius, at Guildhall, before Lord
Campbell and a Special Jury.)

WEATHERLEY V. THE DUKE OF BEAUFORT—DUKE
OF BEAUFORT V. WEATHERLEY—AN EPISODE ON
THE TURF.
These were cross actions, which by an arrange-
ment between the parties, were tried together.
Mr. Lush and. Mr. Kerr were for Mr. Weather-
ley ; and Mr. M. Chambers and Mr. G. Somerset
represented the Duke of Beaufort.
The first action was brought by Thomas White
Weatherley against Henry Charles Fitzroy Somer-
set, Duke of Beaufort, for assault.
The defendant pleaded not guilty ; and, secondly,
that he committed the assault in self-defence, the
plaintiff having first assaulted him.
The second action was brought by the duke ,
against Mr. Weatherley for assault and false im-
prisonment. The defendant pleaded not guilty ;
that what he did was in his own defence ; that it
was in consequence of the carelessness and improper
conduct of the plaintiff; and that it was in order
to keep the peace.
Mr. Lush, in opening the case, said that both
actions were brought in respect of a transaction
which took place on the Brighton race-course in
August last. It appeared that a part of the ground
was inclosed by ropes for the protection of pedes-
trians and persons on horseback and in carriages,
and a fee charged for admission. Within this in-
closure the Duke of Beaufort, who had come to the
races in a carriage with a party of friends, was
indulging in the amusement of throwing bludgeons
at a black doll with a tobacco-pipe in its mouth,
and the merit of which consisted in knocking out
the pipe without touching the figure. Mr.
Weatherley was riding a horse in this in-
closure at a walking pace, and it happened
that the duke, while taking an aim, acciden-
tally struck the shoulder of the animal and
made him start off at a quicker pace. The
duke, who was annoyed at being deprived of
his aim, threw three sticks which he had in
his hand very violently, one after the other, at
Mr. Weatherley ; and, on the latter coming back
to ask for an explanation, the duketook him by the
leg and threw him over thei horse on to the ground.
It was for the injuries sustained by that treatment
that Mr. Weatherley now sought to recover damages
at the hands of the jury.
The following evidence was then adduced :
Mr. T. W. Weatherley—l am the plaintiff in the
first action, and the defendant in the second. I
attended the Brighton races in Aug. last. I was
riding a horse in the enclosed part of the course. I
was walking it. After I had been in the enclosure
a short time I discovered that one of the horse's
shoes was loose. I left the course for the purpose
of haviug it fixed. I returned in about an hour still
on horseback. I walked gently up the course into
the enclosure. I had not proceeded far before I saw
a part of the enclosure blocked up. There was a
person throwing at a black doll with large sticks,
which was the cause of the crowd. I saw a gap
between that gentleman (whom I afterwards found
to be the Duke of Beaufort) and the crowd who
were gathered round him in a circle. I attempted
to walk the horse through the gap, and at the same
moment the duke was in the act of making. aim at
the doll. In so doing his shoulder came against my
horse's near shoulder. This caused the horse to go
a few paces. The duke exclaimed, " your eyes,
where are you cantering to ?" I said, "I am not
cantering," but he did not hear that—at least I think
so. He then threw the stick which he was before
about to throw at the doll, at me, and it struck me
in the loins. I was about five or ten feet only from
the doll at the time. The stick was about 18 inches
/ long and two inches in diameter. It was the kind
of stick usually employed in the game. I said, ad-
dressing the duke, "It is not my fault." He then
threw another stick of the same size at my head
with greater violence. I put up my arm to ward off
the blow, and received a very severe blow on it.
He then picked up another of the same description,
and aimed it violently at the near side of my horse.
That caused the horse to be very restive. I then
said, as before, that it was not my fault, and was
about to explain the cause of the occurrence, when
the duke came to my near side, took my left foot in
his hand, and tried to take it from the stirrup,
which I prevented him doing by pointing my toe
downwards. Finding he failed to do this, he pulled
my leg from the horse's side and forced me off on
the off side. I got on my legs and walked round
to the duke, and asked him how he could be guilty
of such an act. He said, " You -- tailor, you
have no business here ; I suppose you have never
crossed a horse before." I said, "I do not wish to
be insulted as well as ill-used ; you will oblige me
with your name." He said, " I'll see you first."
I then went away and stated the occurrence to a
policeman who was on the race course, not in the
enclosure. The policeman said he had not seen the
assault, and that I had better see his superior
officer. I was then directed to another police-officer
on the course, about a hundred yards off. I believe
he was an inspector. I then stated to him what I
had told the other, and he sent a policeman to
inquire the name and address of the gentleman of
whom I complained. I went with him. The gentle-
man was standing on the top of a carriage. The
policeman touched on the side of the foot, and said,
" Will you step down, please ?" The gentleman
said, " Oh, yes." He then got down, and the police-
man told him that I had been to a superior officer,
and made a complaint, and that he had been sent
to ask his name and address. The gentleman said,
" No, I shall do no such thing." The policeman
then said, " Will you please to walk with me and
see my superior officer ?" He replied, in a quick
manner, " Oh, yes, I'll come with you." We
then went across the course, and mete a police-
officer. lam not sure he was the officer we saw
before. The policeman that went with me then
asked the other if he could tell him where Mr.
Commissioner White was. We were directed up the
course a few yards, and there saw him. The police-
man said to him, " This gentleman has been com-
plaining of being assaulted." Commissioner White
then asked me the circumstances. I related the
whole of what had taken place, and he added,
" You appear to be two gentlemen, you had
better exchange cards." (Laughter.) As soon as
he had said that the gentleman took the Commis-
sioner a little aside and whispered to him. The
Commissioner turned to me and said, " What is
your name ?" I told him, " Weatherley." He said,
"Very well, then that is the Duke of Beaufort."
That ended the matter. I then went into the in-
closure. My ancle was very much hurt by hang-
ing in the stirrup. My arm was quite stiff, and
was unable to use it. I a terrible pain between
my legs in consequence of their being ex tended so.
Cross-examined by Mr. M. Chambers—l was
attended by Dr. M'Clure. I called on a doctor to
see what damages were clone. I came up to town
the same evening, and I went to Dr. M'Clure for
that purpose. I went to my doctor first, not to my
lawyer. Two or three days afterwards I visited a
lawyer. Dr. M'Clure is not present. He gave
me some medicine and an embrocation. I was not
brought up to any trade or profession. I generally
describe myself as a gentleman. I have done a
little in the veterinary art. I have sometimes de-
scribed myself as a veterinary surgeon. I have
done a little in the veterinary art at Haverstock-
hill. This is about twelvemonths ago. Iliad stables
there. It was a two-stall stable and coach-house.
I lived in Carlton-street, Carlton road, Kentish-
town. I. had a house there. I gave it up 15 or 18
months ago. I have done nothing in the veterinary
art since. The address I gave my solicitor was 6,
Clarence-road, Kentish-town. I had only a bed-
room there, for which I paid ss. a week. I live
there now. I have had it eight months. I sleep
there always, except when I am out of town. I
sometimes visit my friends in the country. I live
on my friends. I am very frequently called White.
A friend writes to me at Kentish-town in that
name. I have other friends who write to me in
the name of Weatherley. The friend who calls
tile White is a gentleman and does not live on
his friends. I was staying with a friend at
Hove at the time of the Brighton races. He
went on the race-course with me. He was not
riding by my side when the
I ride Well. I consider myself a good rider. I can
manage a horse admirably. I have never shod
horses, only physickcd them, that's all. Where the
occurrence took place people
were walking. The
ropes round the enclosure were supported by sticks.
rd
I swear I was not told not to ride the enclosure.
I don't know the black figure called" Aunt Sally."
(Laughter.) I did not ride through the crowd, but
through the gap which was six feet wide. It'
lla
left for horsemen to pass through. Before la-ts
at-
tempted to go through I did not see what the d
CTONV
were looking at. The horse was not running, but
walking. I swear that the gentleman was not forced
forward by my horse running against him, and that
he only saved himself from falling by laying hold
of the splinter bar of a carriage. I did not see him
catch hold of a splinter bar in order to save himself
from falling. My horse did not canter after the
gentleman came against it ; it made a kind ofshuifie
off' as if half frightened. I had the horse entirely
under my control. I never played at " Aunt Sally,"
nor saw it played before. The stick used was as
large as those used in the game of knocking off
snuff boxes. I had not a hunting whip with me;
I had what is called a hunting crop. It had the
usual loop on hunting whips for opening gates. I
swear I did not raise my hunting whip to strike the
duke. I do not remember seeing him put his had on,
the bridle of my horse in order to check it. He did
not make it rear. When he threw me over the
horse I did not come on my legs, but on my back