The Sun.
London, England, 1827-04-05 00:00:00

LENT ASSIZES.

OXFORD CIRCUIT—WARWICK, Aram S.
MuanEa.—John Birch Was charged with having, on
the 28th of March last, at Birmingham, murdered Mary
Hinton, by inflicting with an axe several wounds on her
neck, face, body, and arms. The prisoner is an old man of
respectable appearance. He is very infirm, and is upwards
of 75 years of age. Being unable to support himself, the
Judge ordered him to be accommodated with a chair. When
called upon to plead, he said, " I am guilty. I sin willing
to suffer for it." The prisoner here wept aloud. On being
desired to remove to another part of the bar, he said, "No,
no f I had rather stay here ; I have lost the use of my limbs."
The JunGE—Let me advise you to plead Not Guilty.—
_Circumstances may come out on your trial that may be
favourable to you.
Prisoner—l au' guilty ; I am guilty. I will not tell a
falsehood about it. I used her very ill. She was the best
woman in the world.Jumix—You
The will not be guilty of any sin by
pleading Not Guilty.
Prisoner Not Guilty ! Why, I am guilty. I have
done it, and I
ni.wish to suffer for it. I am guilty, and the
ino.srier.isnmxy.t
Lacisitfortune.—(Bursting into tears.)
the prisoner's Counsel, implored him to
plead Not Guilty.
Prisoner—l say I a_
guilty. I have used God Al-
mighty very ill, and I want him to forgive me for it.
is
(Bursting into tears, and raising his hands ds -.-
in a supplicating
manner. )
Here his Lordship went out of Court for the purpose of
consulting the Lord Chief Justice Best. On his return he
said that a Jury de eircumatantibus must be impannelled
to try whether the prisoner pleaded guilty from insanity.
On this the Clerk of the Arraigns proceeded to impannela.
Jurli of Gentlemen in the Court, when the prisoner said,

"If it makes any odds to the Court, it makes no odds to
; I'll say I'm not guilty; but I am, you see; but it
makes no odds to me."

While the Jury were being sworn, the prisoner applied
to the Court for a little gin. /fis Lordship asked the gaol
surgeon whether it would be proper ; and being told it
would, the prisoner was allowed a small quantity.
Samuel Child examined by Mr. Gout.nuax—l am son-
in-law to the unfortunate prisoner. I married his daughter.
I knew Mary Hinton
Prisoner—lt is of no use going --
on with it ; lam guilty.

Witness—Mary Hinton lived with the prisoner
Prisoner—lt is of no use ; I have been tried once ; its
of no use.
Witness—Mary Hinton was his housekeeper; I never
heard prisoner use any violent expressions towards the de-
ceased ; I remember on the morning of the 28th of March
the prisoner calling after me ; I returned to him ; when I
got back again he told me to go and fetch two officers--
Prisoner—l told him I had killed Mary.
Witness—He wished me to fetch two officers, for he had
done murder ; I told him I hoped he had not killed Mary;
He said, " Yes, I have," and pointed to where she lay. I
was within sight of the body; I Was just within one door
of the prisoner's house; his house is in Milk-street, Bir-
mingham. The face of the woman was covered with
blood, I went to my wife to tell her what had happened,
and I and my wife returned back to the prisoner's house ;
when we got back the woman was alive ; she stirred her
left hand; we sent for a surgeon, Mr. Ellis; he dressed
the wounds of the deceased
Prisoner. —Ah ! they had no occasion to be dressed ;
she was dead enough. _ _

Witness.—l have heard that the prisoner often said that
he would destroy himself.
Prisoner.—When did you hear me say that? Never in
your life ; tell the truth.
Witness.—l never heard him say it myself.
Cross-examined by Mr. Hum enarv.—The prisoner and
the deceased had lived together twenty-two years ; she had
been remarkably kind and attentive to him ; he was strongly
attached to her ; the deceased, before she died, had often
expressed great apprehensions with regard to the prisoner's
state of mind.

Prisoner.—What is that ? what is that ? No lies.
Witness.—On the Monday night before her death she
consulted my wife on the subject.
Prisoner.—What did she do, Sam ? What did she do,
Sam ? Your wife was never in my house. What had
your wife to do with it ? She never was in our house.—
Tell no falsehoods, Sam ; I would contradict any man who
would tell lies.

Witness--I have heard the deceased say many times that
prisoner was in a very low and desponding state of mind.
He has been confined of late very much to his own house.
Prisoner—Confined! Who confined me ? I went out
when I had a mind.

Witness--Prisoner is seventy-five years of age. No one
lived with them.

Prisoner—Sam, you know nothing about it. I lived
with her as my wife. I had used to give her the rents,
and I killed her.

Witness—There was nobody in the house when he kill-
ed her, so that he might have got away. I was very appre-
hensive that the prisoner would commit self-destruction.
.

Prisoner—What ! what ! who did I say I would kill ?
My (laughter was always encouraging Mary to tell tales,
and I made a noise at her.

Witness—The deceased told my wife that prisoner was
out of bed several times on the Tuesday night.
Prisoner—Go away, thou black looking rascal. I never
was up all night. Get about thy business, thou scoundrel,
and don't tell a pick of lies; I was never up a❑ night; I
was lying in bed all night with her, and all was comfort-
able. We had a good dish of tea with some rum in it ;
all was quiet ; you are telling a thousand lies.
Here the witness was removed from the witness-box,
which was near the prisoner, when the old man jumped
upon his legs and began to abuse him (the witness) violently.
Witness—The prisoner had the misfortune to have a
daughter drowned on the Pth of December.

Prisoner—What is that to do with it ? Oh, you rascal
—your brother robbed her of all her property. lam will-
ing to suffer for the murder, and what can a man say
fairer? My daughter had nothing to do with it.
Edward Smallwood examined—l remember going to the
prisoner's house on Wednesday last. It was about a quar-
ter before ten. I saw the deceased lie upon the floor. I
could not see the wounds on her head and face for the
blood. The prisoner was in the room at the time. When
I got into the room he was coming from the parlour-door,
and going towards the deceased. I took hold of him, and
put him to sit upon a chair. He asked me to loose him. I
said, 1 shall not loose yon, Mr. Birch." He said, "if
you loose me I will serve you the same." I said, " con-
sider what you have been doing." He said, " I know
what I have done, end sin willing to suffer for it." He
said, " is she quite dead." I told him " I did not know."
He said, " if she is not dead, loose nie, and let me go and
finish her." I said, " what (lid you do it with ?" He said,
" with a broad axe." I asked him " where have you put
it ?" He said, " I hare hid it in the parlour." I held
him till the officers came, which was about three-quarters
of an hour. He resisted several times, and wanted to get
away from me.
Mr. limurnaxv declined asking this witness any ques-
tions.

Elizabeth Newton proved, that she saw the deceased
bleeding on the floor. Prisoner attempted to go out, but
witness prevented him by standing by his chair. The de-
ceased raised herself up a little. Prisoner said, " let me
go, and I will finish her." Witness kept prisoner in the

Prisoner—That is a falsehood. She was was not able
to keep me in the chair.
Witness—Prisoner ordered her to go out of the house.
She assisted in taking the deceased up stairs and dressing
her wounds when the surgeon came. About half au hour
afterwards the deceased died.

Cross-examined by Mr. Humenner —There were several
persons by when prisoner said " let me go and I will finish
her." This was after prisoner had sent for the officers.
Paul Lee examined—l am one of the Birmingham police.
I was sent for to Birch's house oil Wednesday, March 28.
I asked where the weapon was that had done the deed.
Some of the people said, it was up stairs—and some said,
it was in the cellar. The prisoner said, it is in the
parlour, where I found it, in a darkish corner. It was very
wet with blood. It was amongst some old shoes.
[Here the witness produced the axe. It was covered
with blood.] I took the prisoner to the police-office. I
asked him, " is this the weapon you did the deed with ?"
Ile said, it was. I asked him how he could think of using
asuch h
ilnviealtiotnbeto do the
with tiine.t Hdeee
awdi with. idilled her, ant,liebedewviilshne'ads
to suffer for it. His hands were both very bloody.
The prisoner's Counsel declined asking this whiles.' any
questions.
Mr. Thomas Ellis, surgeon—Was called in to look at
the deceased. There were several wounds on the head
and face. They were such wounds as would have been
produced by an axe, and no doubt caused her death.
Mr. GOULBURN-That is my case.
The JUDGE-Prisoner, is there any thing you would
wish to say to the Jury?
Prisoner—No, I am guilty—that's all.
For the defence, Mr. READER called Mr. William Field,
who married a daughter of the prisoner—The deceased was
very kind to the prisoner, and he was strongly attached to
her. For more than the last twelve months be has been
in a very bad state of mind.
Prisoner—
There was nothing the matter with me,
Field, only I was lame—that's all.
Witness—His daughter was drowned on the 9th of De-
ember last—
Prisoner—Oh ! that made no odds.—(Groaning.)
Witness—Heard some time back of his buying a razor.
Prisoner--A razor !—Well, I wanted one to be sure.
As to your saying that—
Gaoler—Don't talk—don't talk.
Prisoner Well, but he ought to speak the truth.
Witness—The deceased told witness that prisoner had
bought a razor; and that they could not get it from bins—
Prisoner—Ah ! they all tell you had three razors,
if you must know. Sure a man may have a razor. Don't
tell lies. You are like Sam Child. I tell you what, gentle-
men__this villain that stands here, inveigled me out of a
hundred and twenty pound note. Ask him that, gentle-
men. Now he comes here to say / am out of my
mind, after cheating his brothers. That's Field, Mr.
Maudetiley—you know Field. If I was out of my head,
you, Field, was not out of y'our's, for you got the money
from me.

Witness—Mr. Euser proposed to Bend him to a place of
confinement.

Prisoner...A place of confugniCa.mowby you are all cow-

ing here to rake up a pretty parcel of lies. Gentlemen,
Field had used to collect my rents, and he fisted that hun-
dred and twenty pound note. The girl was a good girl.
I never loved a girl so well in my life.—( Weeping.) He
got three pounds of me the other day, and then he never
came near me. Is not that the truth, you villain ? Give
me a Bible—l don't care what they say, so as they speak
the truth. The others speak the truth, but you and Child
are like Jack Ketch. You ought to have given me the
three pounds to spend in the gaol—or he might have put
it into your hands (turning to the gaoler). Ah! he got
my money—being my son-in-law I could not put him to
trouble.

Witness—We told the deceased that something must be
done for her safety. She would not consent to his being
sent from her—

Prisoner—No ! no ! I believe not—(weeping). I
would not have parted from her for the world.
Witness—Have heard her say, people must not wonder
if they found hor dead in the house.
The witness was going down, when the prisoner cried
out—My Lord, put him to his oath whether he had not
my money.
The Juncr —That shall be done by and by.
Prisoner—Very well—l shall not forget to remind you.
John Birch, eldest son of the prisoner, examined—My
father has been in a very queer way—
Prisoner—,Speak the truth, Jack—you know Field got
that bill of me.

Witness—We had great apprehensions for his safety,
and for the safety of the deceased—
Prisoner—Jack ! Tack ! speak the truth. I repent now
that I had any trial—l am afraid you want to get me
hanged that you may have my money—but I ought to be
hanged.
Witness—The prisoner was not in the habit of shaving
himself for the last twelve months

Prisoner—Why I could not see to shave myself—what
has that to do with it; don't other men get shaved? The
man came to my house and shaved me for a penny a-week,
but I thought I could save the penny a-week ;. this is soft
sort of
witntaelss_k ; wchaanteldiatsipobunyinprgisaonrazerotrotso dpeoakwlivtiltihth:immaatbteoru:
the razor ; prisoner said he had not got a razor, and pre-
tended to go into the parlour to change his shoes
JUDGE-.-How do you know he pretended ?
Prisoner—Ah ! ah ! My Lord, how does he know that?
Witness—l followed him into the parlour, and he took
the razor out of the fire place. Witness tried to get it of
him, but prisoner would not part with it—
Prisoner.—Ah, Jack ! Jack ; Go thy ways—go thy
ways—and don't tell a pack of lies. lam as well and as
hearty as I was when I was 16 years of age, only lame.
Witness.—Spoke to Mary Hinton about his being re-
moved
himselft
too adplace f
pcinins
ofinneeri
.n_e n
At . ! Sal ined ssaoi dllsath
owuol
du.l d fret
Witness.—Mary said he was sometimes out of his mind,
and sometimes not.

Prisoner.—Out of my mind ! I never was out of my mind.
I was not out of my mind when I did the mischief. Ask me
any questions, and see whether I am out of my mind.
Mr. Ensor, surgeon, proved that prisoner's son and son-
in-law consulted him on his state of mind.

Prisoner.—Well, Mr. Ensor, how do you do?
Witness.— Saw the prisoner, and he appeared to me
very much deranged. Was of opinion that he ought to
have been immediately confined.

Mr. John Maudesley, prisoner's attorney, proved that
he had been professionally concerned for the prisoner 20
years. Had observed during the last year a great altera-
tion in his state of mind. He has been in a very low
desponding way. Remembers him calling upon witness
about a sum of 4001., which witness had placed out at
interest.

Prisoner—Aye, aye ; but that you have paid, you
know.. It's all right.
Witness toll him he had no occasion to he alarmed, for
the security was worth 10001. He then cried very much,
and said he was sure he should lose it. There was no
ground for his apprehension.
Prisoner—He had never paid any interest.

3 u v.—Had the interest been paid.
Witness—Not then. Prisoner continued in a low and
desponding state.
Mr. Justice HOLROVD summed up the evidence. The
great question for the Jury to consider was, whether the
prisoner, at the time the murder was committed, was in a
sound state of mind.

Prisoner-1 was ! I was in my senses at the time. I
was indeed !

Mr. Justice HoLßovn continued—The prisoner might
have been insane previous to the murder, and yet in his
senses when he committed it. The Jury had also to con-
sider whether he was at this moment in a sane state, be-
cause if he was not, the proceedings could not go on. A
late Act of Parliament had provided in such case, that the
prisoner should he kept in confinement, being still liable
to be put on his trial, in case he should recover his senses.
The Jury had seen his conduct in Court, and they would
first consider whether he was now in his senses.

The Jury consulted for a few minutes, and found the
prisoner was insane at the time of his trial, and insane at
the time he committed the murder.

Prisoner—Oh dear, oh dear ! Oh, my Lord ! Do, my
Lord, let me be hanged. How am Ito live in this world ?
I must do some mul.e mischief to get hanged.
The J unGE—You will be taken care of. You must be
kept in confinement to prevent yuur doing any farther mis-
chief.

Prisoner—l hope you won't keep me here. Let hie be
hanged, my Lord—l can't live !

simpso,es trial for the murder of his wife, at Birming-
ham, is postponed till the next Assizes. This unfortunate
man, we understand, is in such a state of mental and bo-
dily suffering, £3 to render him quite incapable of taking
his trial.

Mr. Justice HOXROYD passed sentence of death upon
James Boot, for selling a quantity of five and one pound
Bank of England notes. The prisoner is a native of Bir-
mingham, is a man of respectable appearance, and about
50 years of age. His Lordship observed, that the pri-
soner's case was attended with such circumstances, as ren-
dered it absolutely impossible that mercy should be ex-
tended to him. It appeared that the prisoner was a re-
gular trader in forged Bank notes, and it was necessary foa
the protection of the public, that an example should be
made, particularly (as us this case) when they came near
the fountain-head. It was with utter regret that he in-
formed the prisoner—
Boot—Oh, my Lord, my Lord ! please to have mercy
upon me, and spare my years. lam an old man, but send
me out of the country, wherever you think fit.
His LORDSHIP proceeded to pass sentence in the usual
form ; after which the prisoner clung to the bar, burst into
tears, and with uplifted hands exclaimed----" Oh, my Lord,
my Lord ! Oh my good Lord, have mercy upon me ! Sparc
my years ! Have mercy for Jesus Christ's sake! Mercy,
mercy ! Spare
o
the dock. roitslionaeiridwGaseliateliennoivenedoffrothine
Court, Oh, api,renh;e7,l.Sid I
e p,

HEREFORD, Aram S.
Is-AwrwAny V. BULL.
Mr' I‘lAntat stated, that this was an action for a libel
published by the defendant, imputing to the plaintiff, Mrs.
Penelope
The defendant haPustified the libel, and asserted its truth.
Mr. RUSSELL stated the facts of the libel. The plain-
tiff was
for many
she WA% Wartnah that she was an unchaste woman._
a respectable female, of the age of 35. She had
which being inquired
'ai!d the defendant was
the
ettrhs
obueseez
eienp
etrh.e servicei hedoeffenEdaarnl
defendant
ShoaTie rbse,
been
il wherethe
farming bailiff of the same Noble Lord. The defendant
had paid his addresses to the plaintiff, who. had discoura.-
ger' them, and he from that time entertained the most dia-
bolical spirit of revenge towards her. In the course of the
year before last, the defendant
.threw. out insinuations
againstiiito
were
tehree
fcohlaiisitdittyoolf)e tuheoupnladiretsis7
he cent an open
or Castle, but Zit: (aidaydrOesnsewdhticohthhee
in consequence, dismissed from Ins situation; and on the
plaintiffquittd hisat place,Eutn
di-
rected it to be taken to a male-servant there, named
Hector Jack, who read it aloud to the servants. He
should prove that the defendant had said that he had sent
a letter that would turn the plaintiff out of her place.—
The defendant had further aggravated the case by pleading
a justification, which alleged that the imputations on the
plaintiff's chastity were well-founded. Whether the de-
fendant Would attempt to prove the justification he knew
not, but if lie did, quite sure he was that the attempt
would fail, and that the verdict of the Jury would be such
as would convince Lord and Lady Somers that the plain-.
awls a fit person to be retained as the upper servant in
their family.
John Grow laid I am the present farming-bailiff of

Lord Somers. I succeeded the defendant. I saw the de-
fendant in March, 1826 ; he said he was leaving his place
on account of the housekeeper, as he had given her offence
by calling her a w—, but he could prove her to be one ;
and he added, that he had sent such a letter to the Castle
that would prove she was so, and he had sent it in such a
way, that all the servants would see it; and if it should
come to the sight of the family, she would not be retained
in her situation. I told him I was sorry to find that such
a thing had happened. He said that he had been very in-
timate with Mrs. Wartnaby for some time.
Cross-examined by Mr. CAMPBELL—I understood that
he had called her by the opprobrious name to her face.
Mr. George Watson said—l am steward to Lord Somers.
This letter is of the defendant's handwriting. I recollect
that some months before the date of the letters the defen-
dant told ins of alleged irregularities in the plaintiff's cha-
racter, and I was directed by my Lord and Lady to make
inquiries on this subject, and I after that told the defen-
dant that I had inquired, and found nothing against her;
and I added that these were general aspersions, of which
I could not find any confirmation. I recommended him to
say he had been misinformed, and I told him instead of
general charges he had better go into particulars; and I
recollect saying to the defendant, you made us believe that
this female was unchaste, and the defendant said, she has
been with me. I asked him if he had meant that all
along, and he said he had.

Elizabeth de Nieu said—l am the cook at Eastnor
Castle. Mrs. Wartnaby is housekeeper. I have wit-
nessed her character and conduct during all the time I
have been there. I never saw any thing improper in her
conduct.

Mrs. Roper said—l have lived with Lady Somers, as
lady's maid, for nine years. I have never seen any levity
in the conduct of the housekeeper.
The Rev. John Higgins said—l have the living of
Eastnor, and am Domestic Chaplain to Lord Somers. As
Domestic Chaplain I have known the plaintiff, and never
heard any thing against her character.
Cross-examined—l did not use to go to the house-
keeper's room. Mrs. Wartnaby never invited me there.
—(A laugh.)
The letter was read—it was to the following effect
Eastnor Farm, March 24.

Madam—l am very much surprised that you have not
paid me the pound you know you are indebted to me. I
don't wonder at your denying the same, as you have all
other transactions between us, which you well know you
have told lies in so doing. I therefore do not wonder at
your being ashamed to face me, as you well know your
own conduct to have been that of a most imprudent w Amman
and you know where and when—for the first time in the
cook's room, and the last in the housekeeper's room—when
you told me I had ruined you. Such things should never
have been exposed if you had not grossly insulted me. Al-
though you endeavour to appear a virtuous woman, I shall
always say the reverse,•and speak truth in so doing. I beg
you will return my money by the bearer, which is all I want
of so worthless and ill-disposed a woman as yourself ; which
is what 1 shall not spare to speak of in the way you de-
serve. LUKE BULL.
Addressed—Mrs. Wartnaby.

Mr. CAs.tritELL, for the defendant, regretted all that had
passed, and his client would consent to a verdict passing
against him, and that the Jury should record their opinions
of Mrs. Wartuaby's innocence.
Mr. Sergeant BosANQuErr said, that it was for Mr. Rus-
sell to consider whether, as the charges were now confessed
to be untrue, be would wish to press the case further.
Mr. RUSSELL said, that his difficulty was this. The de-
fendant was not in Hereford, and he had several times re-
fused to deny the charges under his hand.

Mr. CAMPBELL said that he wag now compelled to take
the only course left to his client. The fact was, that the
defendant was often at Eastuor Castle, and an acquaintance
commenced with the plaintiff, which went on to the failure
of Mrs. Wartuaby's chastity; and she, not content with
that, received the addresses of 111 r. Meyrick, at the same
time when Mr. Bull, feeling this to he an injury to him,
reproached her with it, and she being enraged became a
furious woman, which was the most furious of ail things;
and this was the real history of this fair Penelope.
Thos. Willis said—l now live at Cheltenham, where I
keep a shop. I was formerly a servant at Eastnor Castle.
I left in March 1826. I lived there two years and four
months. I wcs second coachman. I remember, in Dec.,
1824, being out late. I went to Hope End to see a young
woman na►ned Rebecca Jones, whom I have married.—
There is a room in Eastuor Castle called the still-room. A►
I passed it, on my way to bed, between eleven and twelve
o'clock that night, I heard voices. I knew the voice of
Mr. Bull, and as I wanted to see him, I tapped gently at
the door, but no answer was given. This induced me to
open the door a little way ; and I opened it enough to look
in. There was a light on the table; and on my looking
in I saw Mr. Bull and Mrs. Wartnahy. (The witness de-
scribed what he saw.) On perceiving what I did, I in-
stantly drew back and shut the door. Wheu I had been
out late, I used to take my shoes off at the door not to dis-
turb the family. I mentioned this first to Mr. Bull. He
asked me about the circumstance, and I told him what I
saw. I have seen Mr. Meyrick at the Castle. Ha used to
inquire for Mrs. Wartnaby, and was directed into the
white-room.

Sarah Acton, a very fine girl-1 am in the service of the
Rev. Mr. Turner. I formerly lived at Eastnor Castle as
still-maid. I lived there for a year, and then left for six
months, and then went back again. The still-maid has
to wait in the housekeeper's room. Mr. Bull was a great
deal in company with Mrs. Wartuahy. They used to walk
out together towards the Ledbury-road. They walked
frequently together when it was getting dusk. I don't
know how long they were out, because I did not see them
come in. He used to sup in the housekeeper's room, and
stay till eleven or twelve o'clock, no one being in the room
with them. I have gone to bed and left them together.
I remember Mr. Meyrick coming : he used to stay late,
sometimes till one o'clock in the morning. Lord and Lady
Somers were gone to bed before that, and Mr. Meyrick
used to be in the housekeeper's room, and sometimes I have
shown him up to the white room, which has a couch in it.
That room opens into a bed-room. One evening I went
into the steward's room, at about eight o'clock. It was in
the winter time. There was no light, but I found the
plaintiff and Mr. Meyrick there. When I opened the door,
Mrs. Wartnaby Caine out, and Mr. Meyrick followed her.
A little after this, I think about ten o'clock on the same
evening, I went into the cook's room, the rest of the ser-
vants having gone up to supper, and on nay way I passed
the housekeeper's room. There was no candle in that
room, and but little fire. I could discern who was there.
Mr. Meyriek has stopped in the Castle all night, and he did
so at Mrs. Wartnaby's request.
Re-examined.--I have known Mr. Bull to be in the
cook's room with Mrs. Wartuahy after all the ether servants
were gone to bed.
He said Thomas Willis was my under-coachman ati Lordy
a f re s
Justice.e notana: watmov:Tot lirltnynettgoos
them hinebelievedreply—
He
n
.
discharged
cm/ 4liierasr.rsogiset.olb RUSSELL
eemhascalled
o opinion
told
Wi
n:nßartonh
el
iiess
af
rnoimi uNeveda:sl
eight -
etkhknese in gaol
ns sworn
thrown
oa.
.owt :Ist
stody, as
bill was
was not charged with stealing fowls. I helped to eat them,
but I did not help to get them.
Mr. RUSSELL replied.
ieviodnentihee ,
evi-
dence told tr_
deuce of Mr. Willis, and that if the Jury believed his evi-
dence, nominal damages would suffice, / -1 I his Lordship did
not think that his evidence proved the whole of the justi-
lie SergeantJu r y
theN° case R
turned urn summede very ry i p
much the
.p
tication ; but if they were not satisfied of the truth of that
evidence, they should give such fair and moderate damages
—Damages 101.
as they thought the case required.—Verdict for the plaintiff