The Sun.
London, England, 1826-06-22 00:00:00

LAW, INTELLIGENCE.

COURT OF KING'S BENCH, Juw V.
THE KING V. THE KARL OF HARBOROUGH AND ANOTHER.

The defendants were indicted for having, on the morning of
the 20th of June last, assaulted Richard Addison, one of the
watchmen of the parish of St. George, Hanover-square, in the
execution of his duty. .
Richard Addison, the prosecutor, stated, that he had been
one of the watchmen for the parish of St. George, Hanover-
square, for two or three years, and oo the morning of the 20th
of June last, was on duty on his heat, in Bond-street, near
Conduit-street, when between the hours of one and two in
the morning, he saw two gentlemen (one of whom he after
wards found to be Lord Harborough) passing along on the
other side of the street, making a great noise, calling out
"Yoho l" a sort of sailor's cry. The witness spoke to them,
and requested them not to make a noise, but go on quietly, as .
there was a lady very ill near the spot, and wkose husband
had requested him to keep the street as quiet as possible, Lord
Harborough replied that he would do it again if he thought
proper, and cried out louder than before. Witness desired
them; if they were gentlemen, to go along quietly, and act as such,
or he would take them to the watchhouse; and on their continu-
ing to make a noise he crossed over the street, sprung his rattle,
and attempted to seize Lord Harborough, who ran away. to-
ward's Stevens's hotel, at the door of which the witness over-
took and seized him by the collar ; Lord Harborough rang the
bell, the door was opened, and witness refusing to let go
his hold, he was forced into the house by his Lordship's com-
panion. Several more gentlemen came to his Lordship's assist-
ance, and Mr Bayley stripped off his coat and began to knock
the witness about, while Lord Harborough having called for
the poker, and obtained an iron with which they draw the urn-
irons out of the fire, called out " Now for Waterloo ;" and com-
menced striking witness on his bare head with it till the iron
was bent, and he was covered with blood. The witness had lost
his hat and stick at first, and Mr. Bayley assisted Lord Harbo-
rough in beating him. This took place near the coffee-room
door; they then got him down, and dragged him towards the
stairs, when Lord Harborough called out, " Now, Bayley, pay
him ; d—n him, kill him." Bayley then struck the witness
with his fist between the eyes, which nearly stunned him. Other
watchmen then came to his assistance, and got him away. In
consequence of the severe beating he received, the witness was
unable for three weeks to do any thing. He was then forced to
resume his former employment (although scarcely able), in con-
sequence of his having a wife and family entirely dependent on
him for support.
Cross-examined by Mr. TINDAL, for Lord Harborough.—
The other gentleman who was with Lord Harborough did not
say, that if I had any charge to make, that was Lord Harbo-
rough, and that he was going to his hotel ; I did not know who
the parties were until the next day, although Murphy, a watch-
man by Steveus's door, said he knew the gentlemen, and that
they lived there; Lord Harborough did not call out again after I
spoke to him, till he got to the door of the hotel, when he said
he supposed he might make a noise in his own house. I said, I
did not care what he did in his own house, but he should not
make a noise in the street. He then called out again, and I seized
him. I swear no person in the coffee-room told me that the gen-
tleman was Lord Harborough. I asked for their address, and
said, if they would give it me I would go away, but neither the
waiter or the master of the house would tell. There was a wo-
man there, but she did not offer to give the defendants' names in
my hearing. Lord Harboroug4 was not on the ground when I
had hold of him, and I did not strike any one before the poker
was called for, or after. The next day I lodged a complaint at
Marlborough-street Police-office, that I had been assaulted at the
hotel, and that the waiter knew their names. 'The magistrate
.sent a constable to the waiter, but he refused to come, till the
magistrate granted a summons for him. On hearing my com-
plaint, a summons was granted against the parties, and they were
subsequently bound over to the sessions. The indictment was re-
moves! by me into this court.
Cross-examined by Mr. Wzawratatt for Mr. Bayley.—As
soon as I went to the house, I saw Mr. Bayley. I had bold of
Lord Harborough, and Mr. Bayley tried to pull him away from
me. I don't know whether Mr. Bayley desired me to let go Lord
Harborough. I tried to take them both into custody. I did not
say I would have him out, dead or alive. I will not swear I did
not say I was determined to take him. I don't know,who tore
Mr. Bayley's shirt, or Lord Harborough's coat.
Several other watchmen were called, who corroborated the
prosecutor's testimony with regard to the violence with which he
was treated In the coffee-house. Ono of than said be recognised
hire male by; hi* ;voice, as UM could no► tell who lee was by 'taut,
he was so :covered with blood. Titer Glee, stated, that when the
hotteekeeper appeared and 'offered to give the names of the 'gentle-
men in the morning, provided the watchmen would go away, all
the gentlemen called out, " No, no."
Mr. TINDAL haVing addressed the
,jury on behalf of Lord Har-
borough, and Mr. Wightman for Mr. Bayley, for the defence called
Mr. Henry Bray, who stated, that lie was in company with
Lord Harborough on the morning of the 20th of June. They had
been dining the day preceding-at Richmond, and were returning,
up Bruton-street, having left their carriage at the stables. Lord
Harborough, in passing the residence of his friends, was in the
habit of calling out " Yo, ho !" which he did in Bruton-street,.
when the prosecutor came up in a very insulting manner, and
desired them to be quiet, or he ,avould take them to the
watch-house. Lord Harborough then ran away toward.
the hotel, and the watchman followed hint ; he then rang
the bell, end said he might hellos at his own door. The
watchman replied, "Do if you dare," on which Lord
Harborough called out " Yo, ho !" and the watchman seized
him by the collar and sprung his rattle. The 'door was then
opened, and Murphy, the other watchman, cams forward and
asked what was the matter. The prosecutor said the gentle-
man had been making a noise in the street. Murphy said the
gentleman was Lord Hatborough, and that he lived there.
Prosecutor said, he did not care who, he was, lie would have
him to the watch-house ; and the doer being opened, Lord
Harborough rushed into the c .ffee-room, with the prosecutor
holding him. I got hold of the prosecutor's bawls, and
got him away from Lord Harborough, and lie then seized nie,and
by the noise made by my struggling to get away, Mr. Bayley
came down stairs; and in two or three minutes after, several
watchmen came in, and Lord Harborough and Mr. Bayley were
beat black and blue by them ; the piece of iron was not called for
till they had been so brutally treated by them. Their clothe* were
torn off their becks•
Crose-examiped by Mr. DIN'ArA.I4.-,la a friend of Lord Har-
borough's, end frequently with him on board his yacht. They
were coming from Mr. Stanliepe's, in South-street, at the time,
and lad not had too much wine, as they had only one bottle be-
;weep them at Richmond, its it was so had i they had no

. .
grog. Lorti ltarborough rung out only once before the watch-
man said he would take him to the Avatchhouse. Lord Her-
borough said he should be murdered, ter God's sake give
him the poker, and at the time he was receiving blows from Ad-
dison's

Thomas Murphy, a watchman of St. Janice!, parish, mated
that be informed the prosecutor that the gentleman was Lord
flarborough.
Josiah Turner, the waiter, Sarah Reed, the housekeeper, Thos.
}lcily, Mr. Bayley's servant, and James Scott, the master of
the house, all stated that the watchmen had conducted themselves
in a very ver:,. violent manner ; that Lord flarbormigh and Mr.
Bayley were severely beaten ; and that the watchmen were
informed wlu, the parties. were, and that they should }is forth-
coming in the minting
The Common Sena-can't having addressed the Jury in reply,
The Loan Cum Jurricei after: shortly recapitulating the evi-
dance, concAlded by stating that the point very properly left for
the consideration of the Jury by the Learned Counsel for the pro-
teeutitm• was, whether the watchmen had been informed who the
defendants were; if so, they certainly were not warranted in
taking them into custody for such an offence.
The Jury, altar. a 1111011 consultation, returned a verdict'
pf
Nat Guilty.

COURT OF EXCHEQUER, Juin
psitr,......rtitez V. Tilwarrits, ESQ.
This War an action brought by George Price, Esq, a barrister
asti4W, against the defendant, a proprietor of the Mornitig herald
newspaper, to recover compensation in damages for a libel pub•
lished in that journal on the 11th of March last, affecting the
ciliaratter of the plaintiff: The libelous matter in question was
(iouhtioeti iu fkreport from Sow-strect. office, where the plain-
tiff was stated to be charged with indecent contbict to two ladies
in Maiden-lane, at a late hour the preceding night. 01 the
followincrmornint Mr. Price, it seemed, appeareti before the sitt-
itig magistrate (Mr. Minshull), who, after hearing the watehmair 4
4tatmetka, rz,dared the plaintiff to be discharged. The Learned
Counitel (Mr. Ludlow) id that the report which tippeared in
the alms ' " '
newspaper was an incorrect account, and affected his
eiirl,t's character 'who was in de "profession of the law, and en-
titledrig to a verdict, hi leaving the amount orditnaget in the hatiO
of the Jury.

An affidavit from tht iiiksoup-of6ce, with the ,natnes of the
printer,puhlither, and proprietor*, was produced, es war 'Lb° the
Aforniiiiie,eld newspaper hi the'Regtstrar of the Staml"ffiee'
announcing the defendant (I%lr. 'Thwrites) as one of the pro-
0-ietors. —'This closed the plaintiff-It ose.
144. thtttirisi fur the defendant/ adatersod the Jury at consider-