The Sun.
London, England, 1827-03-19 00:00:00

THE KING V. CATES AND OTHER',

This was an indictment against the same defendant, together
with seven other persons, for a riot at Billericay, on the same day.
and also for assaulting William Curtis, a constable, in the execu-
tion of his duty.
The Jury retired for nearly an hour, and on their return Ac-
quitted all the defendants of the charge of. riot, but found them
all Gui.i.ty of the assault upon the constable in the execution of
his duty.
The Assizes ended at seven o'clock in the evening.

OXFORD CIRCUIT.-STAFFORD, MARCH 16.

CIVIL ASOIC r WAKEFIELD.

The damages were lard at 6,000/.
Mr. Caatrand. stated the case. The plaintiff was an inn•
keeper, residing at the Talbot, at Uttoxeter ; and the defendant
a reapeatable and opulent cabinet-maker, living in the same town.
The plaintiff's wife had been respectably brought up and virtuously
educated, and until an improper acquaintance with the defendant
had began, she an ' her husband lived in harmony together. Mrs.
Mason was the mother of four children, and he would show, that
until seduced by the defendant, (who, he was sorry to say, was a
married man, and a father), she had been an affectionate wife and
tender parent. The defendant had regularly used the house, until
his familiarity with the plaintiff's wife became too evident to be
concealed, and a notice, forbidding him to come on the premises,
was served upon him. He, however, afterwards continued to
visit Mrs. Mason in a clandestine manner ; and at last accom-
plished his purpose. For the injury and loss sustained, the plain-
tiff sought reparation.
Edward Wilson, whitesmith, Uttoxeter, examined—Knew the
plaintiff; he was married to Maria Johnson, his present wife, in
1818 ; they lived first at the Cross Keys, then at the Dolphin, and
afterwards at the Talbot ; they have had four children ; they lived
very happily until about twelve months ago ; then he perceived a
change for the worse. Wakefield frequented the Talbot at that
time ; he is a master cabinet-maker, and employs 10 or 12 men ;
has seen Mrs. Mason and him by themselves together, but never
saw any improper liberty taken; he has seen Wakefield put his
hand on her shoulder ; he served a notice on defendant on the

ith of May, signed "A. Flint," not to come on the premises
again, or he would be punished as a wilful trespasser.

Cross-examined—He served no more notices at that time ; he
gave it to Mr. Wakefield's attorney, Mr. Bagshaw, and he read it
to Wakefield, who was close to him ; thinks he did laugh at it ;
saw Mrs. Mason at her husband's yesterday ; she went to her fa-
ther's about a month since, and returned a few days ago ; she has
been backward and forward to her friends;
.did not know of Ma-
son's being drunk so very often ; it was generally in the landlord's
way to drink a little ; he used to get a little bit pearl like ; has
seen Mrs. Mason a little fresh as well as her husband, but not both
at one time.

Edward Harrison, boot and shoemaker, examined—His evi-
dence was very similar to the foregoing ; be had witnessed an im-
proper acquaintance between the defendant and plaintiff's wife,
which bad made her less prudent and industrious than before the
acquaintance commenced, eighteen months or two years since.

Cross-examined—Was in Mr. Mason's house yesterday, saw
Mrs. Mason ; never saw her dance a hornpipe, or round a candle
on the kitchen floor ; never saw her in liquor before the defen-
dant visited the house ; never saw Mr. and Mrs. Mason fresh at
the same time. _

The neat witness, a cabinet-maker, had seen an improper ac-
quaintance between Mrs. Mason and defendant ; observed it about
fifteen months ago ; she then changed for the worse, and began
to take too much liquor.

John Evans lets horses and gigs to hire. On the 23d of No-
vember, plaintiff applied to him about nine or ten at night for a
horse and gig, saying, " I'm going to see after that devil of a
wife of mine and Wakefield;" he went with Mason in a gig to
Rugely ; they reached there early in the morning ; found Wake-
field and Mrs. Mason at the Talbot ; Mason and his wife got in
the gig, Wakefield road alongside ; he (Evans) got out and
walked, after proceeding about half way, saying he would not be
seen in such a d—d shabby concern ;he got a pretty blowing-up
from his wife when he reached home ; they had some gin and
milk at "the Talbot ; had had some drink to-day. " Do you
think I should come to Stafford without drinking ?" Saw Mrs.
Mason at her husband's this morning, at five o'clock, as drunk as
a pig [The droll and exceedingly rude manner of this witness
provoked considerable laughter in Court, and a reprimand from
the Judge.]
John wood, constable of Rugely, was called up on the morn-
ing of the 23d of November, by Mr. Mason ; we went to the
Talbot ; went up stairs with Mason and the chambermaid ; saw
Mrs. Mason and Wakefield come out of a bed-room in which
there was only one bed : she said, " It's too bad, Wakefield's
'tieing me away." Wakefield wanted Mason to make it up, but
he would not. Witness advised hint to take her home to her
children.

Thomas Hodson, of the Talbot Inn, Rugeley, proved that
Wakefield came to his house on the evening of the 22d, and after
taking tea retired to rest with Mrs. Mason, whom lee considered
was his wife.
No witnesses were called for the defendant, but
Mr. TAUNTON spoke at great length on the evidence which
constituted the plaintiff's case. He argued, that as the plaintiff
had by his conduct previously to Wakefield's intimacy with his
wife, exposed her to the designs of any intriguing individual,
by drinking so constantly as to be unable to watch over her con-
duct anti morals ; and as, immediately after the discovery at
Rugely, he had taken her home and continued to live with her
as before, it was plain he did not estimate his loss at a single
stray; and he trusted the jury would give the plaintiff the smallest
coin in the realm as damages.
The Jury found a verdict for the plaintiff Damage`, one
farthing.
Mr. Baron GARILOW.—The public are much indebted to you,
gentlemen, fur this verdict. These sort of actions are quite dis-
graceful.
Mr. CAMPBELL.—In only one cue, since the statute of Eliza-
beth, where a very young man was enticed in a very scandalous
manner, the Judge certified for the defendant. It would be a
shock to the morals of the country, if a defendant like the pre-
sent should so Meet With the protection of the Judge, that he
should interpose and prevent the defendant paying the plaintiff's
costs. Ile submitted more damage would be done by such a cer-
tificate, and the balance of convenience would be the other way.
Mr. Baron Gmtnow.—l feel myself bound by the authority
to follow it, and I shall be glad it should he followed. T think
the balance of inconvenience would be if the Judge were pre-
vented from certifying. The action was such that you had just
enough to stand upon to prevent a isousuit. I think if a de-
fendant comes into a Court of Justice impleadA by a man who
has conducted himself like this plaintiff, and who recovers only a
farthing damages, that the plaintiff ought not to have more costs
than damages.

CROWN SIDE.
Matthew Skinner was indicted fur killing and slaying Charles
Hall, at Stoke-upon-Trent, upon the 10th of August last.
Mr. MAT stated, that the prisoner was indicted for manslaugh-
ter. The deceased and the prisoner were on the race-course at
Shelton, early in the morning, when they quarrelled, and agreed
to fight. They did fight two rounds ; in the last the deceased
received a violent blow under the left ear. He stood up for a
third round, but before a blow was struck he fell down dead.
Several respectable witnesses were called, who said the prisoner
was a quiet, peaceable, and well-disposed man, and gave him an
excellent character.
Mr. Baron VauGuas, in summing up, observed, the case ap--
peared to him as mild a case as possible. It was a fair manly
fight after a quarrel.
The Jury found the prisoner Guilty. He prayed the benefit
of the statute, and Mr. Baron V uGnms passed sentence. His
Lordship observed—" There are circumstances very favourable
for you ; it is not to be expected that upon provocation a man's
blood will not be roused. There has been nothing unfair in the
fight. The Court taking your excellent character into considera-
tion, doth adjudge that you be imprisoned one calendar month,