The Sun.
London, England, 1829-09-25 00:00:00

MIDDLESEX SESSIONS, SEPT. 24,

William Cobbett, John Cobbett, and Rickard Cob-
, belt, were indicted for an assault upon Daniel
French, Esq., Barrister-at-Law.
Mr. PRENDERGAST conducted the plaintiff's case.
' Mr. French was the first witness. He deposed,
that on the 12th of August last, about half-past four
o'clock in the afternoon, he met Mr. Wm. Cobbett,
fun. in Piccadilly. In passing, he looked at him
with a furious regard, and he (Mr. French) looked
at him in a stern manner. After he had passed, he
came back and tapped him on the shoulder, and
" Mr. French, I wish to put a few questions
to you." To which he replied, he would have no
objection to answer any questions which might be
put to him. He said he did not like to question
him in the street, and would accompany him to his
house. To which he objected, as he said the
questions he had to put must be put before wit-
nesses. He declined answering any questions be-
fore another person, as he was at variance with
some of the Cobbett family. Ile then requested
him to meet him at Barn Elms, which he declined,
as he knew his father was not there. He then said,
you know that my father is not there, and from
whom have you obtained your intelligence ? He re-
plied, it was of no consequence. He requested him
a second time, but he replied that he had to be at
Hammersmith before seven o'clock. He then bid
him good day, tied they separated, and he (Mr.
French) proceeded home. As he was walking up
Silver-street, about six o'clock on the same evening,
he arrived at a solitary part of the road where a coal-
waggon was standing. The three brothers at the
bar were looking between the waggon; when he
approached Mr. Wm. Cobbett, who was armed with
a stick, he immediately rushed upon him, and struck
several blows on his side. Mr. French then pro-
ceeded as follows :—" I endeavoured to run away,
but the two younger brothers stopped me. I said,
I think I yet have strength sufficient to master
them,' and struck a blow at William; but I was
knocked down, and fell, crying out that I was mur-
dered. Whilst on the ground, I received a blow on
my throat from the club. I felt pain from that
blow until six o'clock the next morning. They con-
tinued to beat me when I was on the ground. The
people around cried shame.
Mr. French being now asked by his Counsel whe-
ther he had given the defendants any provocation,
proceeded to state what he conceived to have been
the cause of their attack upon him. We report the
witness's extraordinary statement nearly as he deli-
vered it, with the exception of some parts, which,
it will be obvious, it was necessary to omit.
Mr. French said, I have long been on habits of
intimacy with Mrs. Cobbett's family. For nearly
six months past (I cannot speak with perfect accu-
racy as to time) Mrs. Cobbett has been extremly
communicative to me on the subject of her family
concerns, which I always listened to with extreme
reluctance. She used very plain and intelligible
language as to the nature of her suspicions concern-
ing her husband and Mr. Riley. I did not under-
stand her meaning►, notwithstanding her plainness of
language, for a long time, thinking she could know
nothing of the crime to which she alluded, and
therefore I always upbraided myself for suspecting
that a lady could allude to such a subject. A cir-
cumstance, however, occurred some time ago, which
induced me to put the question to her—whether she
really imagined and meant to convey to me that she
suspected any thing unnatural between Mr. Riley
' arid Mr. Cobbett ? Upon which she replied that
" she did—what else could she possibly mean ?"
The circumstance which gave rise to my putting this
question was the following :—Some time previously
to my putting the question to her—
The CIIAIRMAN said it did not appear to him to
be relevant to the case, that the witness should state
what induced him to ask the question.
Mr. French—l will not sate the circumstance.
The CIIAIR3IAN-It is for the Counsel to ceasider
what course should be pursued.
Mr. PRENDERGAST—I had not the honour to hear
what the Chairman said.
The CIIAIRMAN—I hardly know what I am say-
ing—the case is so extraordinary. I think, how-
ever, the witness should not state the motive for
asking the question.
Mr. French proceeded—Nfrs. Cobbett told me
that she had cut her throat on these suspicions about
a year ago, and that she was very likely to do it
again, unless Mr. Cobbett sent off Riley, left Barn
Elms, and came to his family at Kensington, whi-
ther his sons and daughters, alike with her, were all
determined to bring him. She said that they
were indignant at his goings on, and were only
waiting for the arrival of James and Nancy from
Italy (brother and sister) to compel him to come.—
She told me likewise that the cook, upon one occa-
sion --

The CHAIRMAN—It is the duty of the defend-
ants' Counsel to stop this.
Mr. PHILLIPS—I have, from my clients' direc-
tions, to give the prosecutor a carte blanche, to state
what he pleases. These being my directions, I will
observe them. With you the case is different. Where
the character of a family is at stake, it is for you
to decide whether this evidence is legal. I think it
is mit.
Mr. PRENDERGAST thought that the witness had
stated all that was sufficient.

Mr. French said that the most important part o!
his statement was untold.

The CHAIRMAN said he was placed in a very
awkward situation. He thought it was the duty of
Counsel to interfere.

Mr. PRENDERGAST again expressed a wish that
Mr. French should stop.
Mr. French—How is this ? I hope I shall not
be betrayed
•

The CUAIRMAN—AII this is as new to me as if it

lad come out of the other world.

Mr. PRENDERGAST—It i 8 new to every body.
Confine yourself, Mr. French, to answering this
question—Did you communicate these facts to Mr.
Riley and Mr. Cobbett ? Mr. French—Yes, with
another fact, the most important of all. Am I to
go into this fact or not ?
The CHAIRMAN—I do not know.
Mr. French—The defendants' Counsel wishes me
to go on.

Mr. Pint.ups—l do not.
This sort of :uproar continued a few moments
longer, until, during a pause,
Mr. French attempted to proceed with his narra-
tive—Mrs. Cobbett told me, on one occasion, when
Mr. Riley and Mr. Cobbett lived at Barn Elms, in a
wing of the house—
Mr. PRENDERGAST—The Court cannot legally re-
ceive this evidence.

hlr. French—Upon my honour, I do not under-
stand this conduct. I wish I could plead my own
cause.

The CIIAIRMAN—You are stating what is not
necessary to the cause.

Mr. French—'hatifiroy cla
i43‘-a:
oa f
the assault.
It atsosultat.
state was,
thilntkistqhueitee
hiefimpossiblepo to report all that passed in
these interlocutory passages; for not unfrequently
the Chairman, the two Counsel, and the witness
were all speaking together, and the confusion really
surpassed any thing we ever beheld in a Court of
Justice.

Mr. Fiench, the moment silence prevailed, went
on with his statement, which, however, we do riot
think it ►necessary to repeat.

The witness was now cross-examined by Mr.
PHILLIPS—I communicated these facts first. to Mt.
Riley. I told Mr. Riley to tell Mr. Cobbett to
come to me. When he came I communicated the
same facts to him. During the progress of the com-
munications which Mrs. Cobbett made to see, I
frequently saw Mr. Cobbett; but I did not under-
stand what she alluded to. I have dined with the
family once or twice. I was always treated with
hospitality. Cobbett printed a book, which I wrote,
at his own cost. He said that I should have the
profit after his expences were paid. I told him he
might do what he pleased with the book. I once
showed Mr. Cobbett my bare breast. It bore the

marks of nails. I told him I was on my knees at
prayer when I received them

Mr. PRENDERGAST thought the rules oflaw ought
to be adhered to as much as possible. The nail-
marks appeared to have nothing to do with the case.
The CnAmmAN--When the Counsel asks a ques-
tion respecting the circumstance, I must suppose
that it bears upon the case.

Mr. PRENDERGAST—Was this something that
took place bet ween you and your wife? Mr.
French—Yes, in my own family alone. It is totally
unconnected with the case, and is only mentioned to
expose me. I am, however, most anxious to explain
the circumstances. (After a stormy discussion, the
cross-examination was proceeded with, and the cir-
cumstance of the nail marks was for the present
passed over.) During the time Mrs. Cobhett was
making .communications to me, I four or five times
received little presents of game from Mr. Cobhett
and members of his family. I considered them to
be a tacit remuneration for assistance which I ren-
dered Mr. William Cobbett in Latin. I have had
the power of taking Mr. Cobbett's Register gra-
tuitously for three or four years. I omitted to take
it, until at length Mr. Cobhett upbraided me, and I
took it more to please him than myself. I did tell
Mr. Cobbett that Mrs. Cobbett had accused him of
indulging in unnatural propensities.

Question—Was any member of the family pre-
sent when Mrs. Cobbett communicated these facts
to you ? Answer—No ; but the sons and daughters
were present when she said that Riley was worse
than the imp of hell, and was capable of any thing.
Where did the communication take place ?
Once in the parlour, once in the drawing-room, and
once in a private lodging of my own, where I never
admit any women, and did not wish to admit her.
How long was it after you ascertained Mrs. Cob-
bett's meaning that you communicated it to Mr.
Riley ? —Not more than two or three days.
How did you account for the nail-marks in your
breast ?—Be connected in your examination. You
jump from one thing to another; however, I am
glad to have an opportunity of explaining the
circumstance.

Mr. French then told a long story about his hav-
ing one evening seen Mrs. Riley, who is separated
from her husband, part of her wav home. He after-
wards had occasion to stop at Pimlico on business
till a late hour, and did nut reach home until half-
past two o'ck ek in the morning. His wife, who
he said was of a very jealous disposition, supposing
that he had been all the time in company with Mrs.
Riley, attacked him whilst at prayers, and left the
marks of her nails on his breast. He concluded by
declaring with much fervour that he considered
adultery a heinous crime, and would not associate
with any man who was guilty of it.
Nothing material was elicited by the re-examina-
tion of the witness. In reply to some questions put
by Mr. Phillips, through the Chairman, the follow-
ing statement was produced :
" I told Mr. Cobbett to confront me with his
wife, if necessary. I said,' I hope you believe every
thing.' He said Yes; it was always my firm con-
viction when the cut her own throat—(you
must have heard something about that—the Times
alluded to it)—' "

Mr. Pt-mums—Do not mimic Mr. Cobbett, sen

Mr. French—l am not mimicking. That is ex-
actly the motion of his arm, and it is very proper.—
Mr. Cobbett proceeded—" She came in with the
fixed deliberate intention of cutting mine, but Riley
accidentally being there the --- cut her own."
Cobbett further said—" It was not Riley who shut
the door, but I. I was apprehensive that she would
cut my throat, or cut her own with the view of
making the world believe that I had done it."
After some further observations of little import-
ance, Mr. French retired front the box, observing
that he thought enough had transpired to give the
Jury an insight into the case.
Three witnesses were called, who saw the assault
committed, and from their description of it it cer-
tainly appeared to have been of a violent nature.
One of them, a man, said, that Mr. William Cobbett
had a stick with a knob at the end, not quite so
large as his fist, with which he " paid into" Mr.
French. He thought that if the stick bad struck a
vital part, it would have caused death.
Mr. Riley was then called, and sworn, but Mr.
Prendergast did not examine him.
Mr. Pittwrs—ls this gentleman here for orna-
ment only ? Mr. PRENDERGAST—I have called him
that you might examine him if you please. How-
ever, I will ask whether Mr. French has correctly
stated what took place between him and Mr. Cob-
bett in the witness's presence ?—lle has.
Mr. French said there was a female relation of
Mr. Cobbett in Court, whom he wished to examine.
Mr. PIZENDERGAST said he did not think she
could depose as to the facts before the Court, and
therefore he would decline calling her.
Mr. PHILLIPS then addressed the Jury for the de-
fendants. He said that such a case had, perhaps,
never before been introduced into a Court of Justice,
and it reflected little honour on the English bar that
it should have been so ostentatiously exposed before
the public. That Mr. Cobbett should frequently
be dragged before the public was not surprising.
Exposure to calumny and slander was the debt
which great talents too often unfortunately paid in
this world. But he confessed he was astonished
that a person in the rack of a gentleman, a member
of the British bar, a husband and a father, should
willingly come into that Court and depose to the
facts which he had stated. What, he asked, did
that man deserve who could act the part which
French declared himself to have acted ? Here was
a man who for years had enjoyed the confidence of
a family,—treated with hospitality by every member
of it,—receiving acts of kindness, small, perhaps, in
extent, but undoubted as to their motive,—engaged
in giving utterance to slanders too odious almost
for human utterance. According to his state-
ment, he had been occupied for six months in hear-
ing the most odious slanders against the husband
from the lips of his wife, and yet, although he was
in the constant habit of seeing the husband, he never
opened his lips to him on the subject. No man of
proper feeling could have sitten down at table with
Mrs. Cobbett after having heard from her such an
imputation on her husband. He believed that Mrs.
Cobbett never said any thing of the nature attri-
buted to her; but upon that.he should have to make
an observation to the Court at a subsequent stage
of the proceedings. If Mrs. Cobbett had desired
to make such a communication, would she have se-
lected a stranger for her confidant ? Mr. French
was wise in one thing—in his conversations with
Mrs. Cobbett he had never had a single witness.
His statements, therefore, could only be contradicted
by the improbabilities of the case.
Mr. French here interrupted the Learned Coun-
sel, and declared in the most solemn manner his dis-
belief in the imputations made against Mr. Cobbett
and Mr. Riley.
Mr. Pntuars said he was a little surprised that
Mr. French had not made this declaration before in
one of the many episodes with which he had in-
dulged the Court. If Mr. French did not put cre
dit in the imputation, so did Mr. Cobbett not be-
lieve that it had ever been made by his wife. He
was justified in stating this on two grounds :—first,
because Mr. Cobbett was living with her at this mo-
ment; secondly, because he had been a witness fcr
many a year to her faithful affection—to her more
than feminine constancy with which, through good
and evil report, she abided by him a kind mother
and tender wife. What better proof could be de-
sired of the falsehood of the prosecutor's statement
as regarded Mrs. Cobbett, than that the th:eeyoung
men at the bar were fired almost to madness when
they heard the slander that was directed against
her. He believed that if the prosecutor had died
under the blows which he received from the sons of
the injured Mrs. Cobbett, thousands would have
said that the provocation was commensurate with
the punishment. Imagine the situation in which
the prosecutor had placed Mr. Cobbett's family.
There was the wife sitting at table opposite to the
husband whom .she was Said to have accused of a

dreadful crime; the husband opposite to the wife
who had endeavoured to bring him to an ignomi•
nious death; the three young men and their sisters
reduced to the dreadful alternative of beholding in
their father an unnatural monster or in their mother.
the most foul and infamous of slanderers. The
Learned Counsel concluded with observing, the..
the defendants had committed an infraction of the
law, yet their inducement to it was of so powerful
a nature, as to deprive it of an aggravated character.
The CHAIRMAN expressed his gratification that " •
case was about to terminate which must have caused
pain, if not torture, to every one who had been .
compelled to listen to it. He then proceeded to
recapitulate the evidence to the Jury.
Whilst the Chairman was reading the evidence,
Mr. and Mrs. Cobbett, sen., entered the Court, and
sat down at the extremity of the bench. It was,
however, hinted to them that it might be unpleasant
to hear some parts of the evidence, and they retired.
The Jury found the defendants Guilty of the
assault, but under " strong provocation."
Mr. PHILLIPS then said he had an affidavit to '
offer in mitigation of punishment. It was the affi-
davit of Mrs. Cobbett, denying that she had either
directly or indirectly said any thing of the kind atm.
tributed to her by Mr. French.
Mr. PRENDERGAST prayed that the prosecutor
might be allowed to file affidavits in reply.
The Court having heard the beginning' of the
affidavit read, decided that it could not he received.

The CHAIRMAN said, that the Court, taking all
the circumstances of the case into consideration,
sentenced the defendant William to pay a fine of
20/. to the King, and the other two defendants to
pay a fine of 40s. each. The Court likewise or-
dered that the defendants severally should enter
into recognizances of 100/. to keep tke peace to-
wards Mr. French.