The Sun.
London, England, 1829-01-01 00:00:00

DOW-STREET.

Mr. James Mansell Barclay, a young gentleman
nho resides in Kenton-street, Brunswick-square, ap-
peared before Mr. Haus, to charge Mr. Thomas
Mason, a tradesman residing in Hart-street, Blooms-
bury, with an assault under these circumstances :
It appeared that Mr. Barclay went on Tuesday
evening to the pit of Covent-garden Theatre, and
sat down in a seat which he found unoccupied. lie
had been but a few moments seated, when the de-
fendant came up and told him, in a peremptory way,
that he must find some other seat, as that form had
been previously bespoken by him to accommodate a
party of fourteen persons. Mr. Barclay did not feel
disposed to obey the mandate, observing that it was
not customary to take seats in thepit, and that as he
found himself very comfortable where he was he
felt inclined to remain. The defendant, and one or
two persons by whom he was accompanied, then
laid hold of Mr. Barclay's collar and dragged him
from the seat. Mr. Barclay, not wishing to create a
riot in the theatre, retired to procure an officer, and
charged Mr. Mason with an assault. The officer
knowing Mr. Mason, took his word for his appear-
ance before the Magistrate to answer the charge.
These facts having been stated by the complainant,
Mr. Mason was asked what he had to say in reply ?
He said, that on the night in question he went to the
theatre with a party of fourteen persons, and had
taken possession of part of a form in the pit to ac-
eemmodate his friends, when the complainant sat
himself down in the very spot which a female friendwas about to occupy: The defendant requested the
complainant to go elsewhere, and, upon his refusing
to do so, be admitted that he took him gently by the
arm and compelled him to quit his seat.
Mr. BALLS--You had no right to do so. Seats
in the pit of the theatre are not reserved" for par-
ticular persons, like these in the boxes. " First
come first served," has always been the practice in
that part of the house ; and if a gentleman wanted
accommodation from ,another, he must ask for it
civilly, and as a matter of courtesy.
Mr. Barclay said, that had the defendant applied
to him in a proper manner, he would willingly hare
given him the seat to accommodate his party. He
seemed to demand it, however, as a matter of right,
and as such lie (the complainant) was not disposed
to yield it. He was then seized by the collar, and
forcibly obliged to quit the form.
Mr. Mason—You walked very quietly away ; no
force was used towards you.
Mr. Barclay—l certainly made no resistance, be-
cause I did not wish to put myself in competition
with a man of your years.
Mr. HALLS—You acted very properly, Sir; and I
shall call upon the defendant to find bail.
Mr. Barclay said he would prefer, if it met with
the Magistrate's sanction, that the defendant should
be fined ender the late act, or he would be stiff bet-
ter satisfied if Mr. Mason put a sovereign iii the
office box.

Mr. HALLS said he had no objection to an amica-
ble arrangement of the matter.
The parties then retired, and Mr. Barclay soon
after returned, anti declared that he wag satisfied.

Mr. HALTS--You have acted throughout with
great temper and good feeling, and as a gentleman
should have acted.

The parties then retired; and Ford, the gaoler,
said he was directed by Mr. Mason to hand in half
a sovereign for the use of the office charity box.