The Sun.
London, England, 1866-12-08 00:00:00

TRESPASS AND ASSAULT IN THE

HUNTING-FIELD.

In the Queen's Bench on Thursday an action was tried,
brought by one Ball, a farmer, against a Hr. Asted, for an
assault committed in the hunting field while trespassing on
plaintiff's grounds.

Mr. J. J. Powell, Q.O-, and Mr. 11. James (with whom
was Mr. Harington) were for the plaintiff. No one ap-
peared for the defendant.

- It appeared from tho evidence of the plaintiff and his
wife, who seemed a decent hard-working couplo, that he
occupied and farmed a little land in the country near
Amersham, and that he objected to the irruption of hunters
into his fields. Lord Morley hunted that part of the coun-
try along with Mr. Gurney and many other gentlemen,
some of whom, of course, were known to the plaintiff, who,
indeed, stated that he had on other occasions warned them
off. On the occasion in question a large field had traversed
the plaintiff's land, and he rushed out to remonstrate. Ho
first caught a "gentleman in red," who declared he was -
going off, and his only object was to be off as quickly as
possible, as the hounds were already gone. There was a
gate, however, which the plaintiff would not open, nor
allow the hunter to pass, and while they were discussing
the matter the field appeared to be coming back, probably
through some turn of the fox. Thereupon the plaintiff
said ho held up his hands to warn them off and " whistled '
for his dog." What ho wanted with his dog was not quite
clear, but when asked by the Lord Chief Justice he said it
was to " turn the fox." However, the field were not ar-
rested in the full heat of their pursuit and at the height of
their sport by the remonstrances of the plaintiff, even aided
by the appearance of his dog, and ho ran after thorn to lay
hold of any one he could get at. The whole field, how-
ever, had passed away, except Mr. Gurney, who was of
course going after them as well as he could. The plain-
tiff arrested him as ho was getting through a field, and
caught hold of his bridle. The defendant was not far off,
and, finding his companion thus arrested, came back to the
rescue, crying out (it was stated), " Give him the whip."
Mr. Gurney, however, did not strike him, and only strove
to get away ; nor, indeed, did it appear that the plaintiff
was struck at all, nor that any human being was struck
by the hunters wilfully; and the only blows intentionally •
given fell upon the poor dog, whose part in the affair was
the only one that appeared to be considered unexception-
able. The plaintiff said he. asked their names and addresses,

which in the heat of the encounter were not given to him,
but "cliaffieg sort of answers." He admitted, however,
they said he would see them again, and that laelad
without, as it appeared, any difficulty, found out both of
thorn. He remained, however, persistently hanging on to
Mr. Gurney's bridle while they were striving to get away.
The plaintiff's wife, hearing the altercation, had come out,
and the poor dog, seeing his master and mistress'evidently
engaged in a souffle, and pressed upon by the horsemen,
thought it his bounden duty to take their part, and began
to bark angrily to show his displeasure at their treatment.
Thereupon the defendant hit him with his hunting-whip.
The woman interfered on behalf of her favourite, and put
out her hand to protect him, is consequence of which, as
appeared, by a sudden change of her position her hand re-
ceived a severe blow with the heavy end of the hunting
whip, evidently intended for the dog. This blow caused
her some pain and inconvenience for some weeks, but the
surgeon stated that it had caused no permanent injury, and
was quite healed. Such wore the main circumstances of the
occurrence, as detailed in evidence by the plaintiff and his
wife, supported, it may be said, in a certain sense by their
dog, who literally "appeared in the witness-box" with
them, and although he was not examined, yet to some ex-
tent gave evidence iu their favour, for he was an honest-
looking animal, whose obvious affection for his master and
mistress, combined with the statement of the hard blows
he had sustained on their behalf, told greatly against
the defendant. The Lord Chief Justice and the jury had
him out on the floor of the court, and looked at him with
evident interest and amusement, and there could be no
doubt in the minds of any ono in tho court that the dog's
presence and the remembrance of the heavy blows he had
endured-went to swell the damages.-


The Lord Chief Justice, in summing up the case to the
jury, said it was much to be regretted the occurrence took
place, and undoubtedly in the first instance the plaintiff
had the law on his side ; but then, on the other hand, he
had certainly gone somewhat beyond the law, and had by
his own conduct given provocation which had tended to
aggravate the matter. lie had a right to remonstrate
against the irruption of the hunters into his fields, and if
they persisted he weuld have a right to take proper mea-
sures for legal redress. But instead of that ho had seized
hold of one of the hunters, and sought to detain him as he
was going off the land. He would have a right to resist
his coming on the land, but when he was on it and going
off he had no right to take hold of him and arrest him as
if he had committed a felonious act or some wilful injury
which would justify his apprehension as a criminal offen-
der. There could be no doubt that his taking hold of Mr.
Gurney's horse and hanging on to it so persistently was
the immediate cause of the unfortunate occurrence. He
might if he so pleased object to hunting. Generally speak-
ing, the farmers were the keenest followers of the hounds,
and therefore they good-humouredly bore with their share
of any damage caused to their fields by hunting, but a man
had a right to object to it, and, if ho did so, then no doubt
it was, strictly speaking, unlawful to go
upon
nlahnids landsheha
and when the hunters wore upon the la
a right to insist upon their going off again,Pin
any of them
a right to resort to legal proceedings against
wtinfrs and he had also
to
forpar
part
redress,arrestb u t
oneit w was ftohoel h andm
ud u
holdu him as a
abl prisoner.
nsou his
er.
Proper
hungmight on
on inquiries.t have
o his
He, however, seized Mr. (-1
Hefound
already
out knewauy ofs some of
_buytrhnomemys: k
iaannngdd
bridle persistently. Thethenru lestof
remainingt e fieldw a
shga
going
n g alreadyaftafter
gone,
them
and the solitary couldhor when ho was suddenly seized and
as quickly as he ..ff
arrested by thheepplattnating.ryT,
and
dn
blowsthe defendant came back
were struck, not at
to his rescue;
otohueldplaliionttiff or his wife, but at the poor dog, and unhap-
pily-, one of
ethe
supposedblo w blows fell
that utpboen
defendantthe
a dw beenife slot
strikeed
ftohra
the
eblow g ats and
defre
lintentionallyit
was doubtless
How-
ever he was legally responsible for it, and the only
wasques-
coonwar dl
ythges a tmionotuen ndt of damages, in assessing which the
jury would take into consideration all the circumstances of
the case—not the less so since the defendant was absent.

One of the jury observed that his lordship was under-
stood to have said that the plaintiff had no right to lay
hold on the gentleman's bridle and stop him.
The Lord Chief Justice—He would:have had a right to
resist their coming upon his fields, but when they were off
he had no right to seize and forcibly detain any of them.
The Juryman—Not to ascertain his name and address ?
The Lord Chief Justice—No; there were other means of
ascertaining the address of any of them, and as I have
already said, some of them were known to him, and the
others could have been discovered. There is no right to
arrest a man merely for a trespass.
The jury having briefly consulted together, gave a ver-
dict for the plaintiff for .£5O.

THE PILGRIMAGE TO ROME.—The following were
among the British notabilities in Rome last month :—Earl
and Countess of Clarendon, Lady E. Villiers, the Right
Hon. W. E. and Mrs. Gladstone, Col. and Mrs. Caldwell,
Earl of Northosk and family, Rev. J. Lewis, Mr. Wilkie
Collins, Mr. E. S. Pigott, Mr. and Mrs. Morland, Sir S. R.
Glynne, Right Hon. Mr. and Mrs. Cardwell, Mr. and Miss
Trelawny, Commander J. F. Beckett, RN.; Lady Holland'
Hon. H. and Mrs. Walpole, Earl and Countess Russell,
Admiral and Mrs. Eden, Mr. Odo Russell, Major and Mrs.
Bell, Countess of Morton, Sir It. Keith Arbuthnot, &c.
The Duke of Argyll is expected to-day from Terni.
BISHOP COLENSO'S SALARY .---W e understand
that at a meeting of the Council for Colonial Bishoprics it
has been deciled not to appeal from the late decision of the
Master of. the Rolls in reference to Bishop Colenso's salary,
but that the trustees will be content to make the payment
under legal compulsion. In view of the fact that there are
two decisions of a totally opposite tendency on this ques-
tion, some surprise will naturally arise that further steps
are not taken. We believe, however, that fig the salaries
of several other bishops are also affected by the decision,
.
there arc reasons why further litigation would be uniednesson.s-
able. The very. general belief that the
salary is paid by the Society for the Propagation
Gospell is incorrect.—Pall-MallGGazette..te.
Ointment
and chest, so
Pills.—
Influenza Colds.—ln diseases of theso
speedily relieves or
part of Coof
[AnvEuTisnmENT:l—Holloway's
prevalent iu this country, 16
n inestimable remedies. These
so certainly cures as these ent and
in either case in
are injudiciously treated, resulting.
the condition of the patient
disas-
trous consequences.
Wh'atevlm if recovery be possible.
'medicines will restore
disorders are too often negleicnt7l at' the commencement or
Holloway s
They will retard the alarming symptoms till the blood is
nervous power. By persevering
re-
stcwing strength and vital
in use of Holloway s preparations tone is conferred on
purified and nature consummates the cure. gradually
the
ch and frame generally, the fluids are regenerated,
morbitie matter is expelled, and a happy revolution occurs
throughout the system.

LIFEBOAT s EBY] C ES. --During the storms
of the past twenty months the National Lifebsat
Institution, by its life boats and other means, contributed to
the saving of 1,475 persons from different wrecks on our
coasts. The Institution also expended .£48,000 in the same
period on its lifeboat establishments, in addition to granting
£3,530 as rewards.

The Committee of the Institution earnestly*A?PEAL to
the public for ASSISTANCE to enable them to meet the
continued heavy demands on the 172 lifeboat Stations of the
Institution..

Contributions are received by the London and country
bankers ; and by the secretary, Richard Lewis, Esq., at the
Institution, 14, John-street, Adelphi, London.

JAMES FERGUSSON.

T HEAT RE ROYAL DRURY-LANE.—
Sole Lessee and Manager, Mr. F. B. UIIATTERTON.
l THIS EVENING, FAUST. Mr. Phelps; Messrs.
Edmund Phelps, W. Harrison, and Johnstone; Mrs. Her-
mann Vezin, Miss Poole, and Mrs. H. Vandenhoff.
To conclude with the Comedy of KATHARINE AND
PETRUCHIO. Petruchio, Mr. T. Swinbourne ; Katha-
rine, Miss Isabel Adams.
Doors open at half-past six ; performances commence at
coven o'clock.

THEATRE ROYAL, HAYMARKET,
Sole Lessee and Manager, Mr. Buckstone,
THIS EVENING, A GAMEOF SPECULATION.
Messrs. C. Mathews, Chippendale, Kendal. Rogers, Clark,
Braid, &c. ; Mesdames Fitzwllliam, Laws, Wrigot, Sidney.
Followed by ANTONY AND CLEOPATRA. Mr. Chas.
Mathews, Mr. Compton, Mr. Rogers, Ur Clark, ; Mes-
dames C. Mathews, Hill, Wright, Colman, Sidney, &c.
To conclude with SHOCKING EVENTS. Mr. Compton.
Commence at Seven.

ROYAL LYCEUM THEATRE.—
Sole Lessee and Manager, Mr. Fechter.
THIS EVENING. BRUTUS AND CAESAR.
Hearade.
At a Quarter before 8, the new Drama, in Four Acts, THE
LONG STRIKE, written by Dion Boucicault. The New
Scenery by Mr. T. Greive and assistants. Messrs. S. Emery,
H. Widdicomb, Fitzpatrick, Dalton, D. Evans, •Anderson,
bewbound. Stanley. Lomas, Moreland, Andrews, Reynolds,
and J. C. Cowper.
To conclude with TWEEDLETON'S TAIL COAT.
Acting Manager, Mr. H. Barnett. Stage Manager, Mr. W.
West.
Box-office open daily from Ten till Five.

THE A TRE ROYAL ADELPHI.
Sole Proprietor and Manager, Mr. B. Webster.
THIS EVENING, at Seven precisely, THE BARONET
ABROAD. Miss Roden.
Alter which, at Eight, A SISTER'S PENANCE. Miss
Rate Terry, Miss ling-hes, Miss Emily Pitt ; Mr. Herman
Vezin ; Messrs. Billington, Ashley, J. A. Shaw, Stephenson,
A.lburne, and R. Romer.

To conclude with A PAS DE FASCINATION. Miss
Furtado, Miss Emily Pitt. Messrs. Eburne, Ashly, Romer,
C. J. Smith.

ld CE SS
an
ager, Mr. Geo. vii THEATRE.
R ° YSoAleLLessPe i
ng.
THIS EVENING, at 8, a Drama, in I Acts, founded on the
popular tale by Charles Dickens, Esq., entitled BARNABY
It UDGE, adapted to the stage, and expressly for this Theatre,
by Messrs. Watts Phillips and Vining. Characters by Mrs.
John Wood, Miss Augusta Thomson, Mrs. llenry Vining,
Mrs. Chas. Horsman, and Miss Katherine Rodgers ; Messrs.
S. Calhaem, P. Villiers, J. G. Shore, 11. Forrester, Charles
Horsman, E. Shepherd, H. Mellon, C. H. Fenton, W. R.
Robins Chapman, &c. Act Ist, The Mystery ; 2cl, The Re-
cognition ; 3d, The Riot., ; 4th, Caught at Last. Entirely
new Scenery by Mr. F. Lloyds, and Music by Mr. Charles
hall. The Drama produced under the stage direction of
Vining.
Preceded by THE MIST RESS_OF THE MILL.

Commence at Seven.

HOLBORN THEATRE ROYAL.
Sole rroprietor and Manager, Mr. Sefton Parry.

THIS EVENING, FAMILY JARS. Mr. Sefton Parry
Miss C. Saunders.

After which, Boucicault's drama of FLYING SCUD.
Messrs. Neville, Belmore, Blake, Garden,Vollaire ; Mesdames
F. Josephs, C. Saunders, B. Foote, Raym nd.

THEATRE ROYAL, ASTLEY'S,
Under the Sole Management of Mr. W. H. C. Nation.

LAST EIGHT NIGHTS BEFORE CHRISTMAS.
LAST SEVEN NIGHTS of THE GOLDEN DUSTMAN

rand ATAL ANTA.

NOTICE.—Mr. W. 11. C. NATION respectfully announces
that this Theatre must be Closed on and after the 17th
December, in consequence of the extensive preparations
necessary for the production of one of the Grand Christmas
Pantomimes for which tnis I heatre has such an enviable re-
putation.

THIS EVENING, tho ORIGINAL Dramatic Adaptation
of Charles Dickens's latest Work, "Our Mutual Friend," as
produced by Mr. W. H. C. Nation at the Sadier's Wells
Theatre, June 16, 1866, entitled THE GOLDEN LUSTMAN,
with Ne w Scenery and Striking Situations.

Concluding with Frank Talfourd's sparkling Burlesque of
ATALANTA, with additional Itbyme to suit the Times by
W. 11. C. Nation • and the celebrated Children Danseuses,
Miss FANNY HIGGS and Misses FLORENCE and ANNIE
AV IIIG H I', in their fascinating dance "THE YOWER OF
LOVE.'

_
Box-office open daily from elcven till four.
To prevent disappointment seats should be secured in ad
vance. No charge for bills or booking.

ROYAL STRAND THEATRE.
Sole Lessee and Manageress, Mrs. Swanborough.
THIS EVENING, NEIGHBOURS. Messrs. Porsche,
Belford, and G Murray ; Misses Swanborough, Johnstone,
and Hughes.
After which, will be produced a Grand Burlesque of
DER, FREISCUUTZ ; or, A Good Cast for a Piece.
Messrs. Thorne, James, and Robson; Mesdames Swan-
borough, Itaynham, Johnstone, and tiu;.,,,hes.
To conclude with BOOTS A C THE SWAN.
Commence at Seven.

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POPULAR HISTORY of LONDON from
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WINSLOW HALL, Winslow, Bucks, having
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the ewe and comfort of the INSANE, the proprietor, Dr.
BOISRAGON, announces that he has transferred his Estab-
lishment from Birmingham to the above desirable resideeCe,
easily accessible and distant from London about an hour
and a-half by the London and North-Western line, and fifty
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ft and soil,
prospect, are garden,
mid commanding an extensive and pleasing
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INDIA OFFICE, DEc. 7, 1866.
TIIE SECRETARY of SI ATE for INDIA in
COUNCIL Hereby Gives Notice, that the India
5 per Cent. Stock, which is redeemable on or after the
sth July, 1870, will not be paid off before the sth July,
1880, but will be redeemable at par on or after the lat-
ter date on one year's previous notice being given by the
Secretary cf State for India in Council in the London
Gazette.

HIGH WATER AT LONDON BRIDGE.
ran DAY.—Morning,' 2h. 45m.—Afternoon, 3h. Oin,
ro-Moßßow.-Morning, 3h. 16m.—Afternoon, 3h. 30m,