The Sun.
London, England, 1810-07-17 00:00:00

L4lll` RP:PO :T.

COT/ItT OF KING'S 141EN.C14, TvLY 14.

BIGL,BY V. BOWATER.

This, was an attiim to reyorer damages fora mali-
cious pro.ecution.

•
Gmatow stated the case. :Thisewas one of
the cases which pecnliarfy he excellence
of British law, ' by shewingeThat no difiereuee of
rank, do reputation or. fortune, could exempt any
man trOnl being forced-to respect the rights of his
melt, or. if he forget that reipeCt, tor4etting
it at his peril. The plane and defendant were in
ranks of society altuom a distinct from each other
as it Wduld be possible to conceive. The, plaintiff
and defendant were in ranks of society almost •as
distinct from each othereas ,ie would' be possible to
conc,ike. The plaintiff: was
ea post-ch-rise boy at
Hampton Court ; theldefendanta titan of rank ,and
fortut:e—an Admiral in the British service., Yet' it
was against such a manthat the plaintiff came to de-
mand justice !tom -an English' jury: Mr. c,:A a wow
then went into a humorous detail' of the casei—
Ar*.liniral. Bowater • lived at Hampton Court, and it
uillockl‘ harp that On. oee. of the-fine nights-of
List 'surturier, a few people-returning4from some
country festivity, alid not being acquainted with, the
gana! t veteran's antipathy to-music, struck •up a
chorus as they wire passing • his house. • This would
probably haVe been- no very seeionse grievance -to
any Mao,: who was tint altogether• advers to the
" Concord of sweet sounds."_ It might, Gentle
men, hil.Le been r,it her 4.ippryssi ye t 9 the • nerves of -a
pregnant woman ; out I wilt not • 0110,,Y mystilf 'to
imagine ihe gallant • Afdreiral. behave been nirkr
• those circumstances ; I believe ii, lessunt been given
in evidelict. 3 I atn posiure ;Ik,tt it is. not stated
io my bitel. , Yet, Gentlemen, -it the style of the
pet ton on:ince was non Ot the itlCotidulcet,order, the
subie.A- might 4,aVe been,sispeosed to hainealize with
tee feelings of enc. gallant Admiral. - W:at do you
suppose tfio songs to -hoye been, something roaring
and riotous, something rebejiet,is or. revolutionary ?
Nm o, Gentler of the Jury, the -serenader, which
.chsttirbed- the gallant Awnie 1, .w:ts made up of
aule Britannia,' and God save.the King.' The
concert was, at once interrupted by' throwing up ,
of a window, and a loud voice utteritig this alarming
denunciation,''Get oil:you rascals, or shoot you r.
'Th.„ were perplex, 11 ; but at
length conceiving that they .had not -earned sudden
death in any. satisfa(tory manner, and at least deter-e
wining to be 00c:-humoured as long -as they w.ere.
allowed.toliVe, they began their concert again, • with
Cease-rude Borers, blustering railer.'" Now, Gen-,
tiemeneyou have al4 heard something of the effe:is'
of' music in the days' of old. This. was ‘•
witch-
ing time o'- the night,' 'the song was giveo in a I'4l
',chorus of rough music. .I. proceed in she tale ; the
incantation produced its etreete,the gates:of thoeha-
teauere suddeilly!Thrown open, and there appear,.
0 before the astonished minstrels, • a 'formidable.
shape,' a figs-ire in a Il44vving -rebe,ecaetn...anied from
head to _bout'-itie Adwirar ‘14,1115-till.t-cap and
slipper's ! eThe. concert was'diSsolved twat; instant—
. the spirit had beenecalledaap„ but it. Was,, untortu•-:
irately. for the enciiantert, • pet to be so eabily laic
again... On the. nekt rnorl*e.- the galLatlt -Admiral
went to Mr. nipperson; the KeepCP.Oi- the ,King's
,
Arius, and gave a summary order for the discharge
of the unfortunate minstrels. .General!measores are
supposed to be most .effeetual ; aa.the •Arlintral's
order ws', that the innkeept,rshould,. at- 'the Inn-
mem, discharge every chaise-boy its 'his service.
Now, Gentlenieniot the Jury, if. a- servant 'of thine
had Offended a gereleman, and the-Complaint was
• fairly made to me, I would discharge him at'oner,
whatever might be mylajue torlsina. But if any
• -man, no minter what might be his rank. in Lie,
were to. come, and without . condescending to point
out the offender, give a sweeping-order to the dis-
. mission of all my servants. at once, I would certain-
ly retUse tb give .him the slightest. Satistaetion on the
subje&t,.and tell him that it he to'rgot 'his duty, /
. did not forget mine,- and that I would.,proteu env
servants. The innkeeper plainly refesed to strip
• himself of all .his servants at once, in -spite of some
threats.of haVsng his license taken-from hiM•e but
wthred to discharge any one Nvitorn the Admiral
could point our. Four buts -were then ,tuimed
being among the musicians.; of those, two were not
• in the inlikeeper's.service 5 and :•of the other two;
'the present plaintiff had, gone to bei,i an =Hour before'
the alleged tumult. The plaintiff, and another boy
who is plaintiff* -in a succeeding action, were next
.• morning brought before Mr. Serjeant,Marshall, on
,of the neighbouring Magistrates.• They were • re-
manlied, and. ordered to'appor on•the tollowing•Sa-'
lurday.- In the:mean time they,were dismissed from,
• Mr. Hippetson's•service. • Oar-Saturday, they were
brought up, alter havingbeen. imprisoned the night
before; by the headboroughe andnithe then
abandoned his charge againstethe,plaintiff, as..nOt -
having been:among •the rioters:.'" This statement
was substantiated by evidenceee . . •
• • Mr. PARK, in a:veryingeniougiptechi defefidett
;conduct of the Admiral, andasaihe&whatever irre.
plat ity there might appear in thefitoceedint to thee
'irritation of a seriesof insults whicheharLbeetteofiet:ed,
to the .Admiral and his family hy.e.thtr.sservants ofe
the King's .Arms. Their commotristime for infee-
:, was " Two 'pounds ten;": Irons some ritliculp',';
story. which they hid circulated:throughet he village.
It was proved iii evidence,•tbatea Oostboy's born
and a double drum. were-among:tie .instrurneikt,s-ofe.
the serenade, and that the imprisonment;was" Merely
a colour for swelling the datnageseethe prisoneril,have.•
ing been let .out immediately after that -confinement; •
its the tounthhouse, • adjourning kcioa/..g00d supper,
ti to whiCh the heatihurough watt' in vited.-4t tie tittle,
and atter drinking:4nd sleepiogiat.their, tihertyikttr
ing toe nighiekoing into
:thetormdetiouse for $(.:w1;
minutes next morning_ betbfe:thcy went to thee:Male
4 sri trates.• •
; Lord ELLENBoaouott, irt;oltaigingthe.Jury„.-a-c,
quitted the defendant of all malicious. ibternionf,
advised them, it they were -induced _to find 4,.)..Lthali
. plaintitf, to timid a verdiCt tOr only.nerninaldathages. •
The Jury, withpuileaving the box, foitudlok,ttwil
plaintiffe—Damagesfitite pounds. • •