Star.
London, England, 1805-07-25 00:00:00

COURT OF COMMON PLEAS, JULY $4.

THOS. WIST AND OtiVIA NIS WIFE O. J. MORGAN.
The Plaintiff is the Stockton carrier. The Defen-
dant is a Cheefemonger in Bilhopfgate-fireet. This
was an aCtion for alfault and battery.
Mr. Serjeant Bsrr, for the Plaintiff, faid, that this
was a barbarous and cowardly atrault committed by
a man on a helplefs female. The Plaintiff, in the
courfe of his Winds, had unfortunately placed his
cart appofite the door of the Defendant, after which
he proceeded to a neighbouring honfe, to procure
fome parcels for conveyance, leaving his wife in the
care of the cart. During his abfence, the Defendant
drove up in his gig, accompanied by a young Lady.
The latter did not condefcend to fignify his approach,
but leaping from his gay vehicle, Rruck the horfe of
the Plaintiff, which was impatient of the Mows, and
ran away. At this intlant the Plaintiff arrived, and
luckily by his agility prevented any deftrueive ac.
dident. He humbly remonftrated with the Defen-
dant, who anfwered him by a revere flagellation.—
This, however, was nct the fubjee of the attion, as
the Plaintiff was able and willing to return the com-
pliment. While the parties were in this fituation, the
wife of the Plaintiff could not be wholly indifferent,
and ventured to interpofe, upon which this recreant
knight prefnmed to (hike her avith his lath, and, not
contented with applying this chattifement, he reverfed
his weapon, and levelled at her many violent blows,
aids the but end of the whip. The injury the woman
Inftained by this *Rink, occalioned her confinement
for a fortnight to her bed, and the Learned Counfel
hoped for the future the'Defendant would learn to
moderate his paßinns, and that the verdict of the Jury
would be effentlally conducive to this beneficial ef-
fete. Two witneffes having eßablifbed the faits,
Mr. Serjeant &MURAL/' for the Defendsmt, per.
fatly concurred in the refpe CI and veneration which
was at aU times due to the fair fez, but when a fia+
male ventured to deviate from the natural mildneti
of her character, and the exquifite delicacy of her
manners, and aimed the attitude of a bruifer, the
awful reverence file infpired was necelfarily dimith-
ed. In the prefent itillance, this modeft, quiet,
and decent young wotnan, abandoned the fphere of
her duty in a carrier's cart. and !looped to the inde.
counts deportment of a Bilingfgate. The faits,
Ilrirned of the embellithments which the ingenuity
of his Learned Brother had fupplied, were fimply
theft. On the arrival of the Defendant near his own
door, he found he was precluded from accefs by the
, cart of the Plaintiff. He called out, that the obßruc.
tion might be removed, but no reply was given. In
this &nation, he nccafioned the horfe of the Plain-
tiff to advance a few yards, which fo enraged thejcvn•
man, that the firuek at him with her whip, and when
be fought refuge in his own &op, he was purfued
her, not only with clamour, but with ilows. Self-
defence induced the Defendant to raife his whip, the
lath of which he very ineffeetually applied when re•
fißed by her raintent. It was true, that under there
citcurnßances' he ufed the more matfive put, and
by this alone he was able to intimidate her fo as to
prevent further difturbance and injury. The Learn-
ed Counfel added, that as no jullification was entered
on the record, a verdict mutt be found for the Plain-
tiff ; but in a cafe of this kind, he trailed merely no-
minal damagec would be given.
After a ',tort addrefs from his Lordthip, the Jury,
in a few minutes, returned--A verdie for the Plain-
tiff, damages 201.
SAGGLIHOLIC O. FALKNOR.

This was an avian to recover damages for defame•
tory words fpoken to injure the Plaintiff's credit and
reputation. The Plaintiff is a corn faaor refiding
in Hark-lane, and the Defendant a dealer in the
fame commodity at Farnham, in Surrey. In Septem•
ber laft a converfation began between the Defendant
and a perfon named Adfield, at the Red Lion Inn, in
that town, when Adfield, who is alfo a corn dealer.
obferved, that the Plaintiff was dating away at
Brighton with gold rings on his fingers, and a livery
fervant behind him,on which the Defendant Paid there
were many in the Corn-market that would not truft
the Plaintiff aol. and that he was a man of no cre-
dit. Adfield then Paid he had a very bad opinion of
him, for the Plaintiff had done him out of aol. fee
malt which he had received fir fale ; that he had
alio cheated his (Adfield's) father out of the like
fum, and it was no wonder he lost his cuflomers :
there were other perfons pteient at this converfation,
but neither of them took any pact in it. Severe/
witneffes proved that the Plaintiff was a very refpec.
table corn faßor, and that he bad carried on an ex.
tenfivc bufinefs for three years ; during which Eis
credit had not been impeached, it was therefore con.
tended, that the words fpoken were of the molt inju•
riou, tendency. and required amr:e damages. No
material injury, however, appeared to have refulted
from the defamation; the words alluded to, proved
it) be the effect. f a common pUblic houfe converfa•
tion, wherein the Defendant had not entered thss
worft report, and the Jury found a vcrdia for the
Plain iff, with one penny damages.

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