Star.
London, England, 1825-06-02 00:00:00

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LAW REPORT.

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COURT OF KING'S BOCII, ALINE 1.
A SsAULT.—P ,OLE v. ELLISToN•
%Tr. BROUGHtSt stated the eke for the pleintiff.—
Of all the cases which were brought into Courts of
Justice, there were none which differed more widely
from each other than cases of assaults, both with respect
to the ciroomstaaces connected with them, and the
dalsages which ought to be awarded. He could
imagine ca e: of assault, in 'which the most moderate
damages would be sufficient ; but he could also ima-
gine cases, whi:li came under the same legal denomi-
nation, but which were so widely different from other
c oes, as to recoil-a the most serious consideratlon of the
J try, and to call, at their hands, for most exemplary
damages. Of this latter description of cases he consi-
dered this ease one. The plaintiff was a Gentleman,
who employed his lei e hours in writing dramatic
pieces, a•id, between the years 1812 and 1821, he pro-
duce I, at 13: ivy-Lane Theatre, two successful pieces,
which, according to established theatrical usage, en-
titled him to a tree admissiim to that Theatre for life.
In consequence of some difference which had arisen, in
the course of last year, b. tween the plaintiff and the de-
fendant, respecting a piece, which was written by the
plaintiff, and met with a successful reception, the de-
fendant thought fit to Erik: the plaintiffs name out of
the free admission list. Several letters having been
written upon the subject by the plaintiff to the de-
fendant, and which the defendant,-s' ho is a sort of king
in his Theatre, di.' not think fit to answer, the plain-
tiff, on the 4th of December last, about one o'clock in
the afternoon, accompanied by his friend, Mr. St.
Aubyn, called at the Theatre, where the plaintiff ex-
pected he would see the defendant at his leisure. The
plaintiff and his friend sent up their cards, and were
shewn into a room at tl e rear of the stage. In a few
minutes the defendant entered the room in a rage, or-
dered the plaintiff out of the room, and accompanied
this order with language so disgusting that he sh
told
pollute his lips by repeating it. The defendant then
collared the plaintiff, and kicked him. The plaintiff's
friend remonstrated with the defendant, but the de.
fendant's reply was, " yiau are a liar ; don't irritate
me, I am a strong man, and if I strike you I shall
do you an injury." He did not pretend to deny
that the defendant was a very strong man, and
that it was a very pleasant thing to be so ; but he
must deny that the defendant had on this occa
sot conducted himself with that urbanity which ought
to be expected from a person in his situation in life, and
alsa that it was not very agreeable to become acquaitred
with his strength in the way 'in which he threatened to
make the plaintiff and his friend acquainted with it.
The only excuse that could be offered for such conduct,
could not, by possibility, be urged in the present case.
At that early hour of the day it could not be supposed
that the defendant was under the influence of liquor—
that at that hour, at which no person above the rank of a
ticket porter (a class of men who were as strong (A laugh)
and as useful in their way, as Mr. Elliston, or the per.
sons in his station of life) would indulge in the plea-
sures of the table, the defendant, instead of holding the
" Mirror up to Nature," reluti in .7ecu'uas, the motto
of tire Theatre, was holding.up the Bacchanalian glass.
It this outrage were commuted by one waggon-drives
upon another, it might not, perhaps, be one calling for
heavy damages; but in the present case, the indignity
offered to the plaintiff was worse than a fractured limb,
and he trusted that the Jury, as men of sense, would,
by their verdict, encourage persons who might be used
as his client had been treated, to apply for redress to a
Cour t of Law, in aead of appealing to o: her laws (not
recognised as laws in Courts of Justice) which geaerally
would be appealed to, if Juries, in cases of this kind,
would give nominal or inconsiderable damages.
I‘l,. St. Auhyn, the plainiff's friend, who accom-
panied him to the Theatre, swo:e to the facts stated by
Mr. Brougham, and added that the defendant followed
the plaintiff down stairs, used the most insulting lan-
. guage. and told the persons at the door of the Theatre,
to mark the plaintiff, and not to admit him again.
In his cross-examination he admitted that he was not
acquainted with the defendant—that he had sent up his
card at the plaintiff's request,and that the plaintiff hai,
before he went to the Theatre, admitted that he had held
the defendant up to public ridicule. The plaintiff took
defendant before a Magistrate, who bound him over to
appear at the Sessions to take his ti i rl for the assault.
The clerk of the plaintiff's attorney swore, that notice
had bit n sfr red upon t' e defendant's attorney ; that the
prosecution had been abandoned, and the recognizances
di-charged at the plaintiff's expense.
Mr. SCARLETT addressed the Jury f.r the defendant.
He agreed with the Learned Counsel for the plaintiff,
that between cases of assault there was a great distinc-
tion, and that in some cases heavy damages ought to be
awarded, whilst in other cases nominal damages would
meet the justice of the case. He did not mean to justify
this assault, because no provocation could justify an
assault; and he was therefore satisfied that a verdict
• must be found for the plaintiff; but he trusted that,
upon the evidence for the plaintiff, the Jury would be
of opinion that the provocation was so great that no man
having the common feelings of a man, could restrain his
temper. What could be the plaintiff's object in calling
upon the defendant, whom he had held up to public
iidicule, but to provoke him to comatit an assault ?
What r.ception could he have expected to meet with
fiom a man whom he had held up to public ridicule?
Having rn,de those observations, he should sit down
• satisfied that the only question for the consideration of '
the Jury would be, whether the vet-diet ought to be for a
f tithing or a shilling?
His LORDSHIII in stimuli .g tip, observed, that cons'-
tile terms upon which the plaintiff and defendant
stood, the plaintiff would have acted with more pro-
priety, if he had abstained from calling upon the de.
fendanr. An assault had been committed, and it would
be fur toe Jury to award such temperate damages as
they thought the plaintiff entitled to.
The Jury having consulted together for a few minutes, found a
...verdict for the pl.iintiff—Dstnages
MILLER AND OTHERS V. DOUGLAS AND OTHERS.
This was an action against three officers of the Poi t-
able Gas Company for a forcible entry, with countsn
trespass at common law. The Company had been in
tieacy with the plaintiffs for a lease of an acre and a
half of land near Battle-bridge; but the plaintiffs re-
fused to carry it into execution; and the Company filed
a bill in Chancery for a specific petformance of the al-
leged contract. While this measure was pending, on
the 13th of December last, 10 or 12 men, a undeconstable'r their
s
wichtought.
prove that the
it they proved

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t

little, except that ;he men were instruct id not !o res%t
a peace-officer.
The Jury, under the direction or. the Loan CHIEF.
'JUSTICE, returned a verdict for the .plaintiff, damage.
£100; expressing an opinion that there %vac a tot cible
entry, which entitles the plaintiff to treble damage.
under the statute.
THE KING V. ROBERT BLIOH, ESQ.
This was a scire facias on the recognizance, whereby
the defendant was bound on the sth' of August,.lB2o,
in the penal sum of 6,0c01. to keep the peace towards
his Majesty's subjects, and especially towards the Earl

of Darnley.
The breach of this recognizance took place on the
Ist of May, 1823. On that day, Lord Ciit-on, the son
If the Earl of Dainley, was ridinf on horseback, in
company with his sister, Lady Elizas)e 11 Biigh, his
brother, and a Clergyman, named Martin, from
Vaux-
hall-bridge, along Pimlico, when Mr. Bligh passed
them in his gig. When he had proceeded ab .ut fifty
yards,he checked his horse, and the party passed him. He
crossed over to the other side of the road, and drove by
them, giving, as he went, to Lord Clifford two strokes
of his horsewhip, one on his back, and the other on
his chest.
Mr. GURNEY, in stating the case for the Crown, ob-
served that the defendant had conceived a most unfor-
tunate and groundies tetentment against Lnrd Datnley
and his family, who had acted towards him with es,
emplary forbearance; and who, though they had it:-
:timed this proceeding, had delayed bringing is to,
trial till the defendant himself forced them to submit
the case to the Jury. The Leatned Counsel calied
Lord Clifton and Mr. Martin, who proved the assault
as he stated it.
Mr. MEREWETUER addressed the Jury fur the defen-
dant, and contended that the blows might have been
accidentally given in the act of passing; and urged
that, if there was any doubt, the Jury would refrain
from giving a verdict which would probably consign
Mr. Bligh to prison for life.
The Loan Cam Jusrms left the case to the Jury, on the only
question—whether the blows were intentionally or accidentall thatdieted 7—The Jury found that the assault was committed, and
the defendant's recogniaances were broken.
COURT OF COMMON PLEAS, JUNE 1.
STRONG V. RULE.
-This was an action on a policy of insurance on the
ship Waterloo, value 1,5001. The defendant pleaded
non assumpsit.
The plaintiff was owner of the ship, and had brought
the action against the defendant, who was a partner of
the Pacific Mutual Association Assurance Company,
the Members of which agreed mutually to insure each
other's ships. The plaintiff was a Member of tl,e Asso-
ciation. The Waterloo sailed from this countfy in July,
1822, for Madeira, from whence she proceeded to Ja-
maica. -Shortly after her departure from Jamaica, on
her return to this-country, she struck on a rock in the
Gulf of Mexico, and was preserved from.destruction by
the assistance of the wreckers and the crew of a Colom-
bian privateer, called the Sentella. The Waterloo was
afterwards enabled to proceed to Savannah, where her
cargo was sold to ply for the repairs. The plaintiff
was on board all the time, and purchased a' great por-
tion of the cargo. He now brought the action against
the Mutual Association Company to recover the amount
of the repairs. The defendant said, that because the
plaintiff had money to purchase the cargo, he ought to
have employed that money, and saved the insurers the
loss arising on the salq of the goods which had been
sold for paying the repairs.
The evidence for the plaintiff occupied the Court all day. In the
course of the proceedings several objections were taken, and
Mr. Serjeaut VAUGHAN submitted that the plaintiff
must be nonsuited on two or three grounds ; that the
consideration, as proved, was not properly stated in the
declaration; and that the contract was in its nature au
illegal one, becau;e. the association was illegal.
The Loan CM, Jussies laving: overruled the first point, and
reserved the other,
Mr. Serjeant Vauomsw, seeing that it was so late, and that there
was a probability of the cause not being concluded before midnight,
submitted to a verdict for tbe plaintiff on a particular count of the
station, and said he would move the Court above.

LONDON WATIR•WORis ComPAßT.—After a very
long examination of witnesses in favour of thia Bill,
and scarcely entering upon the evidence for. the nu-
merous petitions against it, the Committee adjourned
on Monday to the SOth of November next, whereby
the Bill is lost, at least for the present.
A serious accident happened on Moiday afternoon
to two Gentlemen, named STRPHIEN and PRINGLE.—
They left TATTERSALL'S to go part of the way to Ascot
Heath Races in a single horse-chaise, when the horse
took fright by some urchin idlers letting off a small
cannon, and the vehicle caught the wheels of a coal
waggon, and it was overturned with great violence.—
Mr. STEPNIN, who was driving, bad his arm broken,
besides being much cut in the head, and his friend had
his arm broke
A loud lamentation is made in a Lyons paper by a
disconsolate mother, that her daughter, nineteen years
of age, has disappeared from her house, without as-
signing any reason for her conduct. A young Gentle-,
mar. who had been paying his addresses to her was
at first accused of the abduction. He, however,
proved his innocence by being equally disconsolate....
In this state of matters a letter was received, assuring.
the mother of the safety of her daughter, and de-
siring her to bids PROVIDINCI for her spiritual and
temporal welfare. The young Lady had eloped to
penitence and a nunnery.
PORPORA—This celebrated Musician was spending
a day at an Abbey in Germany, when the Monks re-
quested him to assist at the Office, in order to hear their
GI &mist, whose talents they steady extolled. The
office finished," Well, what think you ..f our organist ?"
said the Prior—" Why (replied Porpora), he is a clever
man !"—" And likewise," said the Prior, " a good and
chari!able man, and his simplicity is really evangelical."
" Oh, as for his simplicity," replied Porpora, " I soon
clearly perceived that, for his left hand knoweili .t
what his right hand doeth."
SWEDISH AND DANISH WATCHNIEN.—The watch.
men of Stockholm, like their brethren of Copenhagen,
cry the hour most lustily, and sing artherns ainv)st
all night, to the no little annoyance of fore piers, who
have been accustomed to confine their devot•ons to,
the day. These important personages of the night,
perambulate the town with a curious weapon like a
pitchfork, each side of the fork having a spring barb,
used in securing a running thief by the leg. The
use of it requires some skill and practic-, and con•
stitutes no inconsiderable part or the valuable art and
mystery of thief-catching.
A Reverend Divine, who was but a so-so performer
in the pulpit, being called upon accidentally for a
sermon, asked a friend what he should preach about ?
to which the othercoorepliedl"aboutive minutes f'

. 1

Der 14SL, AU vs
the Mit or toecem
. aushosity, took possession of tie land with
' staff and a cutlass, and-held it till the action N
Several witnesses weie examined to pt.(
Company intended no forcible entry ; but
•
azith