The Sun.
London, England, 1827-11-16 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Nov. 15.
EDWARD FITCH AND WIFE V. MAUGHAN.

Mr. CUMMINS opened the pleadings. This was
an action of assault, alleged to have been committed
on the person of Ann, the wife of Edward Fitch.
The defendant pleaded the general issue.
Mr. Sergeant WILDE stated the case. The
plaintiff was a tradesman, residing near the Com-
mercial-road, but not being in very affluent circum-
stances, his wife was in the habit of going out into
different families in the capacity of a wet-nurse, and
at the time of the assault complained of, was em-
ployed in the family of Mr. James, who carries on
business in Bucklersbury, having a country-house in
the neighbourhood of Stamford-hill, where Mrs.
Fitch was staying. The defendant was also in some
business in town, and had a field near the house of
Mr. James, through which was a public footpath,
where it was customary for nurses having children
under their care to go, in consequence of tits retired
situation, that the children might divert themselves
' out of the reach of danger. In June last Mrs.
Fitch, with several other nurses, went into this field
with the children, and while going across it, the de-
fendant, who was engaged with his men in hay-
making, came up to her in rather a violent way, and
said she must give the men something to drink.
She, however, replied that she could not, and took
the children away. On the 26th of the same
month she again went into the field; and the children
sat down to amuse themselves with books and.other
toys. While thus employed, the defendant came
up to them, and after having ordered them off the
field in a very violent and rough manner, struck Mrs.
Fitch, who had a child in her arms, several blows,
at length knocking her down on her face, and preci-
pitating the child from her arms to the distance of
several feet. It was for this wanton and brutal
assault that the present action was brought.
Sarah Hunt.—l am the upper nursery-maid in
Mr. James's family, and have been so for nine years
and a half. On the 26th of June last I was in the
field with the children and Mrs. Fitch, and saw the
defendant there with his men making hay. The
children and myself were sitting down. It was
about three o'clock in the afternoon. The defen-
dant came up, driving a group of poor children be-
fore him. When he came up to us, he said, "Be
off, all of you ;" and we all got up as fast as i,ve
could, and were going away. • The defendant took
books oak,
es
mwhich tt thee eh he idl
gd re e. n
Mrs. a
il
She said, " You dare not do it." He then took
been
hadr eeepfaaeadlnili. ecdndegaln'ttooa fnsada littlethrewimd a
hn in the road to pick them up.
e would throw her after them.
hold of her and shook her very violently. She had
the infant in her hands. She said, " You villain,
what do you mean by that 2". He then with his
fist gave her a push between her shoulders. She
nearly fell on her face with the force of it. I pre-
vented her falling. He then gave her another blow
between the shoulders, which knocked her down,
and the child fell on its back. She was all that
time making towards the hedge, to get out as fast
as possible. The second b;ow was very violent.
The child was thrown, as near as I can judge, a
yard from her. Its held came close to my feet.
Mrs. Fitch did not appear to be much hurt. The
child screamed violently. One of the young ladies
had a parasol, which the defendant threw over th..
hedge. He had a pitchfork in his hand. None
us said any thing more to him than what I have re-
lated. We Were in the field a day or two previour.
The defendant asked us to give the women who were
working some beer. I replied, I had no money to
spare. Previous to that I never saw him.
Cross-examined—The defendant is a working
cutler in Clerkenwell : the field had been trespasw
on very much. I don't know that the fence to it
had recently been repaired. I was never warned
before not to go into the field.
Mary Miles was a nursery-maid in the service 0..
a Mr. Bromley, whose house was dose to that C.
Mr. James, at Stoke Newington. Her evidence
hat of the preceding witness.
Richard Coral, a veterinary surgeon, residing nen:
the spot, witnessed the assault, which he describe,
as being unproVoked and brutal.
This was the plaintiff's care.

Mr. Sergeaut JONES addressed tic Jury for tL
defendant. He thought that the plaintiff had er