Star.
London, England, 1824-04-15 00:00:00

WESTMINSTER SESSIONS, APRILI4.

Mr. William Ford was tried on an indictment for
committing an assault on the person of Edward Harvey
Foster, Esq. an Officer of Cavalry, and Adjutant of his
Regiment.
Sr. C. PHILLIPS stated the case for the prosecution.
It became his duty to lay before the Jury the particulars
of one of the most brutal and unprovoked outrages
that ever came into this Court ; such as, indeed, would
not have occurred among the lower orders of society.
It was not only the injury sustained in the person, but
there was a wound inflicted on the feelings of the pro-
secutor which predominated over his personal suffer.
ings, and which, if it was overlooked, would render.
him not only unworthy of a seat at the table of his
brother Officers, but unfit for civilized society. There
is a method among Officers in the Aimy of resenting
afft onts in a certain way : but in such a case as this it
did not become him to call on the defendant for a per-
sonal meeting on hat is generally denominated " ho-
nourable terms." The Learned Gentleman then de-
scribed the nature of the assault, in the defendant's
coming behind Lieutenant Foster and attacking him
without notice with the butt end of a horsewhip. For
this strange and brutal conduct it was impossible to
find an excuse : but if it was intended on the other
side, by way of amelioration, to say. that Lieutenant
Foster had offended Mr. Ford, that Gentleman was
ready to declare, on his honour as a Gentleman, and on
his oath as a man, that he had never offered him the
least offence whatever.

Lieutenant Faster depo.sed, that on Saturday after-
noon, the 21st of February, he was in B-md-street,
having just parted with his friend Mr. Raymond, when
Mr. Ford came behind him, saying—" This is Captain
Foster." He turned round, and instantly received a
blow on the head from the butt-end of a horsewhip,
which broke his hat. Witness said, "6 I don't know you
Sir." The defendant replied, D—n you, I'll make
you know me;' and struck him a7ain repeatedly, until
he was compelled to take refuge in Long 's Hotel. lle
declared that he never spoke disrespectful of Mr. Ford,
and, indeed, never was in his company. He was very
unwell at the time of- the assault, and remained so for
some time after.

Cross-entrained by Mr. ADOLPHUS.—Witness was
under recognizances at the time, and had been so since
last August; he never saw Mr. Ford but on one occa
sion before, when he was pointed out to witness; he
knew a person gamed Aubrey, and he was once given
to understand by his servants that Mr. Ford had called
on him from Aubrey repecting a wager, but he never
spoke of Ford's character to Anbiey. Witness had an
ash switch in his hand, and held it up to ward off the
blows, but it was broken directly. Did not know that
Ford had left word at Marlborough-street, in case (.f a
complaint against him, where lie should procure bail.
Witness stein to Buw-street,and had Ford appreheaed
on Sunday morning, and he was kept in Filson until
the Monday.
George Raymond, Esq. a student of the Temple,
deposed, that after I,e had parted frOm Lieutenant Fos-
ter, the noise of a whip attracted his attention, and, on
turning round, saw the assault as related by that Gen-
tleman. Ttie dele,i.!ant was using the whip in a very
violent manner. Lieutenant Foster, now his previous
illness, and from the effects of the tr,sault on his per.
son and feelings, was in a very exhausted state when he
gat into Long s.
M r. Thomas Long's.,
razor-maker, of 10, Bond-
street, near whose shop the assault took place, con-
firmed the former account-.
Mr. ADOLPHUS, on behalf of the defendant, cons-
mented on the evidence exhibited by the prosecutor, and
said that the case should not have come into this Court ;
there was a way to settle disputes like this, which pro-
tects character from ridicule, females from insult, and
adjusts amicably those angry feelings which arise from
words that ate not actionable. here, it would seem
that Lieutenant Foster had suffered himself to be struck,
and then hi ought the case into this Court, because he
was bound under recognizinces to keep the peace., It
reminded him of an old play (Every Alan in his flu-
Intaur), in which Captain Bohadit gut 'a "beating•in the
street, and when asked by the Justice why he did not
resent it according to the laws of honour, lie says, " I
was bnund over to keep the peace, and this worthy
Gentleman saw me served with the process ;" but still,.
while the prosecutor was being struck, his hands were
not bound over. The Leased Counsel said, he would
tall Mr. Aubrey fo prove, that Lieutenant Foster bad
reported ill of the defendant, and also a Mr. Montgo-
mery, who was walking with Mr. Ford when Lieute-
nant F.;ster came up, from whose evidence it would
lappear that the prosecutor was the first aggressor :
seeing the prosecutor looking steadfastly at him, Mr.
Adolphus concluded thus—,, I do not believe that Cap-
tain Foster's evidence is true: he has not deposed cor-
rectly, and I will prove it. If it is to be endured that
an advocate in a British Court of Justice is to be
frowned and whiskered out of countenance, it is time
that our code of laws were laid aside, and that martial
law predominated : he may bite his pretty whiskered
lips if he pleases, and put that into his pocket to do
with it as he pleases." .
Mr. trufitey was called, but did not appear.
Mr. John But ke Montgomery stated, that he was on
the point of parting with Mr. Ford, who stated that he
was waiting for Lieutenant Foster, when that Gentle.
man appeared on the opposite side of the road, and
Mr. Ford crossed to meet him. He told Lieutenant
Foster that he had reason to believe that he had as-
persed his character; Lieutenant Foster denied it, but
Mr. Ford replied, i, You are a liar." Lieutenant Foster
then lifted up his stick, and he believes struck Mr.
Ford ; the latter then said, u If you mean that, come
on," and then they both fell to at each other, until
Lieutenant Foster retreated into Long's.
Mr. PHILLIPS replied: he was grieved to hear his
Learned Friend impute perjury to a Gentleman holding
his Majesty's commission in the Army, and who, for his
gallant conduct, has lately been promoted to the Adju-
tancy of his Regiment—a Gentleman, against whose
character the breath of calumny never dared to appear
—a Gentleman whose friends in the military profession,
had they suspected such 'a charge, would have crowded
to the Court to rescue his character from imputation
(at this part of the Learned Counsel's speech the prose-
cutor was overpowered by his feelings): he was pleased
to see the effect of such a charge, andthe gallant soldier
might rest assured that be was incurring no portion ofl
shame at this avowal of his feelings: a single witness
had been called by the defendant, to whom he (Mr.
Phillips) would not impute perjury, but would confi=
dently put it to the Jury to say, whether they placed
most reliance in that witness, or in the prosecutor's—a
respectable student in the profession, and.* tradessnam

who knew none of the part*. 14 p)41414 rat
-
convinced in his own mind Witt no vrovocation had been
given, and that the defendant, had committed a most
brutal, unmanly, and cowardly assault ; he would prove
that fact from the mouth of the defendant's Counsel:
What brought him to Marlborough,street to give the
names of his bail, if he had•not been guilty of an
assault? A great poet and a judge of human Haunt',
as a proof of self-conscience, says—
a Thou eans't not say I drd It: never shake
" Illy gory locks at mi."
Nobody accused him, but his own conscience told hint
he was gnilty; is that the conduct of an innocent pet.:
son? No ; it is the cunning conduct of a man h.),
having committed an assault, by so doing would lia,e
his bail ready, and experience no personal inconvenience.
He, perhaps, relied on a private akijustinert ; hitt he
grossly miscalculated. No man in the regiment would
.have persuaded the prosecutor to overl',ok such an in,
cult: no man in his regiment wouli have niesied with
him if he had accepted even a public apology. Ile perhaps
thought even being found guilty of horse-whipping a
man in the streets a triumph ; but it was the act f a
vile, base miscreant, and could not stain in the small ,st
degree the character of the gallant Officer. The ay.
li-
cation of Captain Bobadil to a man who hears hi, .\l2.
jesty commission was what he (Mr. Phillips) was
prised to hear from his friend Mr. Adolphus ; his flicnd
would have had Lieutenant Foster appeal to the laws vf
honour; but they were a code of laws for ecrials, and
not for a man who spurns them in the first instance,
and then claims the benefit of them. He trusted the
Jury would ie:urn such a verdict as should send the
prosecutor to his comrades with an unspotted charactei,
without which life itself would be insupportable.—The
Jury found the defendant Guilt.
The CHAIRMAN said, that sitting in his capacity, I e
knew nothing of what were called the laws of honour ;
but this he knew, that the prosecutor had pursued the
best and most honourable course. Ile had been vin-

lently assaulted, and in order ti, send him to his resi.
ment with honour, and to mark the sense of the Court,
the sentence was, that the defendant be imprisoned
three months.

POLICE INTELLIGENCE.

11ANSION-EIOI3SF.

A GE;TLPMAN %GSA IL—An old man, enveloped In rags, with
dirty cap that partly concealed his face. was brought before ii,e
Loan Alaioa, on a charge of vagrancy. He had been seen be,,-
ging in the streets at night with great assiduity. He chiefly acem•ed
persons of respectable appearance, whose attention he invarials:y
arrested until he had told his story, and he seldom failed in getti:,g
something given to him. When he was taken into cu4ndy, he d..-
elated himself unable to walk, and made as appeal to the feelings
of the officer; but finding the latter determined to apprehend him,
under the general order to take into custody all persons found Leg-
ible in the streets, he made a vigorous resistance.
W 4 Le t called upon to state his name and abode to the Lord Mar, r,
he beged to be excused, and made an address to his Lordship in a
neat style, in which he stated himself to have been horn :ind bred
a Gentleman, and that he had moved in the first circles until very
lately, when, by a sudden calamity, he was ruined, and those who
in his affluence surrounded him now fled from him; he was driven
into the street ; and unless some benevolent individuals, whom h
met casually, h:,d given him aid, he should have limn starved. 11
hoped his Lordship would spare the feelings of a Gentleman, a;1.1
permit him to expose his name ansl situation in a private interv:e..v.
lie was now 76 years of age, and had been brought up to the pr
fession of the law as a Gentleman, and London was his native place.
Flintier than this he could say nothing.—After some further a:-
tempts to elicit an explanation from the prisoner,
The Loafs Ilavoa told him he believed him to be an hitt o tot,
and should treat him as such, by sending him to the Tread-mill,
unless he gave Isis name.—The prisoner said that was impossible.
The 1.0#1) Mayor. committed SOW at once to the tread-mill as
a vagrant.
He has been In custody before, and it is believed that he really
does maintain a respectable character elsewhere ; but that he comes
out at night disguised to beg fur the means of support, and that Crum
his superior address he is highly successful.

M ARY-LA.BONN It OFFICE.

Yesterday, Ma Hall and Henry Gulliver, the drivers of Nos.
5087, and 50:89, Patkliagton caaches, appeared before Mr. Gate.
mils, charged by a reipectahle Gentleman named Woed, with
furious driving in the New lioad.—Mr. Wood, not wishing to pres
the charge, Mr. Gatemns said the conduct of these coachma t in
general was very bad, and he had made up hie mind, in all casei of
a second offence, to convict in the full penalty, which he d, s red
they would communicate to their brethren of the whip op the road.
Having made an apology, they were discharged on paying costs.
UNION-HALL.

Yesterday Mgt &miasma, the person charged with sending a
letter to Nlessrs. Barclay and Perkins, the brewers, threatening a
public exposure of using opium in the fermentation of their beer,
unless they p.tid bins SOW. to keep silence, was again brought b-
fore L. B. At.txre, Esq. The prisoner, it will be recollected, nqat
allowed to go at large, upon his promise of attending at this race
on a future day. Ile did not appear, and the firm applied for a
I warrant, and the prisoner was again taken into custody.—The psi-
stiller entered into a• long statement in his defence, although admo-
nished by the Magistrate, which, instead of palliating, greatly aL-
gravated his case.—Fully committed.

The Pawnbrokers have taken the alarm at the new
Equitable Loan Company established by Sir Witt.t.a.:l
CONGREVE and Mrs. FRY. They are afraid that their
balls will not be able to stand against Congreve rockets.
The Jews' Festival of the Passover commenced on
Monday night, when a solemn service was performed at the Syna-
gogue,Duke's-place, to a crowded congregation, amongst whom were
several Ladies of the first distinction in the City. The Synagogue,
upon this occasion, was beautifully lighted with large waz candles.
Sunday morning, as the Rev. Mr. BAILEY, Minister
of the Baptist Chapel, Alie-street, Goodman's-fields, was preachirg
there, in the middle of his discourse he was seized with a fit. which
rendered it necessary to convey him home, where he still continues
in a dangerous state.
By the law of Fi ance, a vender of drugs is required,
before he sells any poiconous ingredient, to have fro:n the purchaser
in writing the quantity and nature of the drig, and the purpose to
which it is to be applied. It was lately decided before the Tribu-
nal of Correctional Police, that it was not sufficient for the apothe-
cary himself to make this. en try.
•

DIED.
March 25, at Edinburgh, aged 82, Lieutenant Alexander Mac-
keniic, late of the 9th Royal Veteran Battalion.
March 20, the Rev. Robert Smith, Minister of Cromarty.
March 5, on hoard the ship Alexander, on his passage home &en
Jamaica, Mr. Andrew Marjoribank.s, second son of Alexander
Marjoribanks, Esq. of ilarjoribanks.
Senday, Rose Dodd, youngest son of the Rev. M. Dodd, Rea
for of rordbarn, Essex, aged 18.
April 9, aged 20, Benjamin, son of the Bight llon. John Radcli
April 11, the Rev. John Fox, Rector sof Sigston, in Yorkshire.
April 5, at Banff, James Itobineon, E. !ate Lieutenant-Colonel
of the 91st root.

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