Star.
London, England, 1830-07-21 00:00:00

ASSIZE INTELLIGENCE.

ABLN DON.
(Before Mr. Justice PARE.)
SMITH V. LORD MARTROROUGH..--Mr. CURWOOD (with
whom was MLCARRINOTON) stated that the plaintiff was a trades-
man at Windsor, who acted as a special constable at Ascot races.
The defendant was the master of his Ilajesty's stag-hounds, and,
therefore, lord paramount at these races, and in this latter capacity
be gave orders that the course should be kept clear; and it would
appear that a constable, named Crook, was taking a woman, who
was rather far advanced in liquor, out of the course, when the plain-
tiff took her by the arm to assist, and the defendant, without in-
' quiring into the merits of the matter, struck the plaintiff two blows
with his whip, and fur this assault the plaintiff had to ask a mode-
rate compensation.
James Manley said—l saw the plaintiff at Ascot. He was a
special constable. He had hold of a woman by the arm. Sbe was,
with a blind man, between the ropes. She cried " Murder !"
Lord Maryborough came up, and struck the plaintiff two desperate
blows with a whip. He struck with the butt end of the whip. The
plaintiff was a special constable, and was not using any violence to.
wards the woman.

Cross-examined by Mr. Jzsvis--There were about 70 special
constables employed to keep the course clear. In the integrals he.
tween the races, the company walked between the ropes. Dews
are to be kept out at all times. The man was a blind bye, led
by a woman. Crook was turning them out. They had aged seas
bad language. I had myself put them out once beibre. Then
was no crowd before the blows were given. When the wawa
cried out, " Murder 1" Lord Marybovough, who was at a diatoms,
stepped up.---(The whip was produced ; it was an ordinary hand-
John Godfrey said--I was a special constable at the Ascot races,
on the 30th of June, 1829. I saw a blind man and a woman coming
across the course. They were brought across the course by Crook,
another constable. The plaintiff went to the assistance of the other
constable. The woman appeared to be drunk ; and the pWatiff
asked her to go out of the course, and she would not go, and mode
a great noise, I saw Lord Maryborough come up and strike the
plaintiff with the butt of his whip. Lord Maryborough dumpiest
the plaintiff with his Sgt. The plaintiff had 1e no more thee his
du.
Jmes Rolfe said—l was present at the Ascot races. I saw the
plaintiff take the woman by the band to lead her off the course, when
Lord Maryborough came up, and ordered the plaintiff to let her go. I
The plaintiff let her go, and the defendant then struck him two
blows on the head with his whip. The plaintiff said, "My Lord
lam only doing my duty, under your Lordship's own orders." I
heard no more and was obliged to go to my post.
Crag-examined—The woman used very bad language, and said
she would not budge an inch for Lord Maryborough or any body
else. Lord Maryborough is rather passionate sometimes, but it is
soon over.

Mr. Jstt~rs addressed the Jury on the part of the defendant, and
stated that, by virtue:allot office which the noble defendant held, it
was his duty to keep the race coarse dear, and there was no doubt
that the man and woman were on the course, where they had no bu-
siness to be; and there being an about removing them Lord
Marlborough went up. His Lordship was unaccompanied by any
friend, but some highly respectable persons who were present would
state that Lord Maryborough merely got between the plaintiff and
the woman and pushed him away ; but, in fact, had struck him no
blow.
Mr. Wm. Evans aid—l was at Ascot-heath races on the 30th
June, 1829. I saw the blind man and woman. They were in the
course, about 30 or 40 feet from the ropes. There was a crowd. I
went Into the crowd to see what was the matter, and I took the
plaintiff by the arm. He bed the blind man by the arm. I said to
the plaintiff', " You good-for-nothing fellow, why don't you let the
man go about his business ?" The plaintiff was pulling him with
all his strength. The woman then said, "Gorr bless your honour,
he has been abasing us for some dine;" and immediately after this
I saw Lord Maryborough at my right band. His Lordship then
the plaintiff sway with the back of his left hand, and, with
is right, pushed the blind man and woman aside, his being on that
hand I did not see that the plaintiff had hold of the woman at all.
Lord Maryborough said, " You scoundrel, let the poor man and
wonian go about their business." Lord Maryborough then went away.
Croas.examined by Mr. CtIRWOODI am a builder at Windsor,
and I hold a situation In the °Mee of 'Weeks. I told this to Mr.
Jenner, the King's joiner, who is clerk of the course. I did not
hear the beggar woman cry " Murder," but I did hear her swear.
Mr. James Whitman said-1 saw the blind man and the woman
the woman was irritated and abusive. There was a crowd of seventy
or eighty persons. Several people cried " Shame," and Lord Mary-
borough came up, with his trhip in his hand. He had to make his
way through the crowd; he pushed by in a hurry, and said to the
plaintiff, Go about your business, you seoundrev His Loewe,
left hand was towards the constable.
_

Crosa•evamined-1 don't know the plaintiff.
Mr. CURIWOOD replied.
Mr. Justice PARR said that tot *hide woe cl!arity et:titled to a
verdict. It was agreed by all the witnotaes that Lott Maryborough

was in a great passion ; indeed, it was manifest by his using such
an expression as '4 You scoundrel, go about your business." It
was certainly very strange that Lord Maryborough, whose office it
was, among other things, to have the course kept clear of beggars,
should come up, and, when this plaintiff was doing merely IETt;,
should not let him do it ; but still, if a Nobleman will lower him.
self to strike any of these common people, more especially if he uses
rough and violent language, and swearing, be must be answerable
for it in damages. The Jury would therefore give a verdict for the
plaintiff for such temperate amount as they should think proper.
Verdict for the plaintiff—Damages, 501.