The Sun.
London, England, 1820-07-27 00:00:00

ASSIZE INTELLIGENCE.

YORK, Ju LY 24.

NISI PRIUS.

Prom 9 till 2 the Court was occupied with,
three daufe., which terminated in the course of
the defence,. without summing up to the Jury.

MALY V. WILKS AND lI,EMSWORTII,

ASSAULT.

Mr. Sc ARLETT opened this case as the most ag-
gravated which had ever come into a Court, of
Justice. All the insult, and .a most brutal.as-
:-ault„ had been on the part of the defendants.
It had cost the plaintiff a large sum_of money ;
put that was not the •compensation in damages
which they would give for this very serious, very
d.;-,nr,erous :,;aultupon the plaintiff, and this
-,in-
suit to his 7.ife. If he had not acted as he had
!one to the Yarmouth Gentleman, he would not
kw, been entitled'to damages. If a man ought
give a blow on any oc.casioil, it was when he
,aW Isis wife insulted. Ile did, therefore, expect

large damages.
' Mary Alin Abbey,' plaintiff's daughter, said
her " father was a waterinan belonging to the
packet het :Teen York' and Leeds. Mr. Wilks,
,tih'e, defendant, was a Gentleman, and her father's
landl'ord at 'Woodlesforti, near Leeds. Mr.
HeinsWorth, the' other defendant, had a large
'farm at that plade. • On Whit-Monday, the T:?.d
of Mar, which was a holiday, her father was at
Ow Mite Hart public-110.11Se, kept by. John
Collins.. She 'went for him between eleven .and
twelve at night. He did not come home. She
went again with her mother for him about pile.
Hier brother - Thomas followed.. them. When
they .were: .returning from the White Hart, she
saw:Mr, .Wilks.and a stranger from Yarmouth.
The stranger, who .was•.notiinown to her father,
trod on he.rmother's foot as they were coming
out. Her mother fetched him a smack with her
even hand—The stranger then attempted to put
his hand rot; nd
.het; neck. lie, pushed. her.. Her
father then struck at the stranger, and knocked
him down.' ~Before, the stranger had. got well
up. Mr.
,Wilks struck at her 'father several
times, hard bIoWS. Her father did not strike
him again ; he' had
.no chance. Mr. Wilks and
Richard Rhodes took hold of her father's arm,-
and. took him a feW yards from the door. Mr,
Wilks then let him go, and Richard Rhodes
took- him . home..
,When her father, tier mother,
her brother, and 'she, had gone in Mr. Wilks
.
followed them in, and her mother locked the
do*. Mr. Wilks came in. quietly. She did.
not know..whether her mother had intended:oi
lock him out. - They sat down, and began.
to "talk: seemingly •as if they would be quiet.'
Mr. Wilks•asked her father -why he had insulted'
that person, the stranger who was with him,'
frem Ylrmouth ? Iterfather said he had no. busi-
ness -to meddle with his wife,. but to let her
come about her business,. and he was a rascal for
doing so. Mr;Wilks said, if he called him a
rascal 'again, he would certainly beat his head
off. Her father said he was nothing else but a
rascal. Mr. Wilks pulled his gloves off, and
struck 'her father several times till he bled at the
nose.and mouth. • Her mother and she screamed
out. Her brother opened the door, to letsome-
body in to assist. Mr. Hemsworth ruShed in and
said, " D—n him, let us let .us slice
thelittle jealous b—," and then took him
by the hair. of the head and dragged lam about a
yard. Wilks was still agait 'of him.. Mr.
Hemsworth then took hold of the top of the door
with both his hands, and stamped ;on her father's
bad. Her father lay on the floor bleeding. •Mr.
was'punching him, but said Mr. Hems-
worth was :too hard—he ,would kill him. Mr.
.I‘TIAS stood' across her father while he punched
and struck him. 'lliChard. Rhodes pulled Mr.
Hernsworth off. Both Hemsworth and Wilks
'went out Her mother and she were crying, and
supposed herlather. dead. Her father lay in his
blood ; her mother-was Washing the blood off.
-Mr, Wilks, came back, lifted up her father's
'germ, and Said, ". Oh no, not dead yet.'.' When
goinz, out, he Said, it was very much like an Irish
wedding. Her father. WaS.very bad
.next day ;-
he. was not able to work for a fortnight ; he did
not make a voyage since. He went next day to
Leeds dock.

'Cross-examined•by-Mt.RAttsg.---There was a dance at the
White Hart, A benefit society had dined there. .Her father
went between eight and nine, but she was not right sure.
He tripped the stranger's heels tip. and knocked him down.
lier father never did strike Mr. Vilks ; he had no chance.
•c Who told you ?" " No one ; I seed it—had eyes to see
with."• " Aye, aye—and very pretty eyes too ; but did you
pot hear' your father say, D—n-you, I have not yet done with
"1 did not." •
• Thomas Abbey, a lively quick boy.. t 3 years of age, told the
same history with a rapidity which Mr. Scarlett mild scarcely
•'res'lrain sufficiently to make him intelligible.- Mr. ‘Vilks :vas
and• braying his father as hard as possible. Mr.
'Hemsworth looped right on to his ear. Mr. Wilke said,
41‘i D—n you, Hemswott Is, that is too bad,: you will kill him."_
'He lay sin the floor, bleeding at his head, mouth, and nose.
He could nut bide to lift his arni. •
hl r. Wt GLIAMS-.—To whom did yoli tell this story before?
I never told a story yet. He cameheie
on ,Wvd-nesday. He saw Mr. Lee now. •
• Mr. Wll;LtAml.—Repeatagain part of what you hare said;
begin at the beginning.
Tbewitness began, and rapidly repeated the whole of his
evidence without the change of a syllable, till he concluded.
with—' and that's .

RiChard Ithigles did not see the beginninz, but observed
the defendants beat the plaintiff at his own house, and saw
the plaintiff lying in his blood.
James Skelton and John Donkia saw the plaintiff lying stiff,
and heard hi 4 family crying.
Mr. RA cve addressed the Jury for the defendants. It must
h
hive occurred to them that vast colouring ad heeugiven to
the transaction.. He was -not surprised, fur 'his learned friend
used col Ours as much as any man alive, and he had on this oc-
cosiOn been assisted by the greatest painter ever known since
:painting was dune by Attornies. Mr. Lee, the Attorney,
. varnished—laid. it on with a trowel. Tommy Lee bad diverse
t(lvantues over other Attornies. They had heard the stories
of the children, so well got byi heart. The bay had been well
taught and tutored by Tommy Lee. The LearnedGemtleman
then commented on the evidence, and said he should call
'witnesses—not to get the verdict, tur he could not struggle
•again:st that, but—tu show that damages were not due. The
first should be the stranger. - •
Samuel Nett had Isis residence in Low, Lincolnshire. _Se-
veral' women were in the passage; Ise stumbled against one.
. lie put his arm out and said, " Take care, my dear. ' ."
.yer,mind," she said, "lon have not.burt me." At the door
one. came and hit him behind the head with great violence,
PIA tripped pp .heels. His rose bled violently. Mr.
Wdk.s observed, when he -left him to go to the plaintiff's
house, that he was afraid Abbey would do some FIiSCIIICE to
his wife—the hot-headed, mad little fellow.
Ma. tina RLETT.—Was she trot lying?-.-She was net; it was
nut a likely place. What made you stumble ?--It is very