Star.
London, England, 1803-06-29 00:00:00

THE RING O. HILL EARLEY.

Mr. Easels/ and Mr. Serjeant BEST, though they
had abandoned their rule fora new trial in this caufe,
took advantage of the indulgence of the Court to urge
feveral reafons why it fhould be fent back to another
Jury.—The confequences of the conviction for an al
fault about money won at play were of the molt fe-
sinus nature. By the ftatute of Anne an arbitrary
punilbment was inflicted, viz. two years imptifon-
ment, and a forfeiture of goods and chattels. But
this could not be confideted an alfsult within the
meaning of the ad; as it did not take place till next
day, and the immediate cattle of i: was the Profecu.
for Paying to the Defendant, .. Look into the glafs
and you will fee the face of a rafcal." The learned
Connie' cited a cafe, where Mr. Juftice Bu LLEI was,
of opinion, that in order to bring an affault within
the meaning of the Statute, it fhould be committed
at the time and place of play; he alto put a fuppoF.-1,
lions cafe to the Court : furpore he himfelf had xa
years ago won or loft fume money at play, and the
perfon with whom he had fo played were now to
meet him in the Itreet, tax him with not paying his
debts of honour, and call him ail manner of oppro-
brious names, it would furely be an inbutioan *drag*,
to fentence him to forfeiture of all his goods •tnd
chattels, for ttriking a man who fhould Life filch -p.
probrinus language to him. A man might lute
the whole ni his perfonal property by relenting
an intuit offered to him by tome one from whom he
had won money twenty years before.

Mr. GARROW, on the other fide, ohferved, that the
Judge at the trial had esprefsly Lft it to the Jury to
fay whether this was an alfault for mcney won at play
or not?

Lord Ert.tinnenuc or immediately interfered, fay-
in; that this paint was decitlye. He therefore Or.
dcrcd the cafe to Rand over till tn•morrow, that Mr.
Janice HEATH might be anted as to the nature of his
direftion

jt/WS 2111.-THE ICINCy. nARLEY.

Mr. Ell-SKIN' laid, he underflood that in ttls cafe,
if the Cow t would content, the Profecutor had agreed
there Ihould be a new trial.
Lord EL tAszsoanuc H obferved that after a convic-
tion, and the rule for fitting it afide had been aban-
doned, it would be infinitely dangerous to fanaion
fuch a compromife between the parties.
Mr. Juftice Li BcAxc intimated that he had in.
quired of Mr. Juflice Hearn, how the matter had
been left to the Jury at the trial ? That Learned
Judge had direaed them to acquit the Defendant
upon the counts which charged an ain't fcr money
won at play, unlefs they were convinced that the
gaming debt was the catt:e of the *Minh, and not
the provoking language ufcd by the profecutor.
Mr. GARILOW declared he had no inftruaions to
content to a new trial.

Mr. ER S X:II a then moved in smell of judgment,on
the ground that there being counts for two (ptcies of
atrault, via. a common affault, and an affault for
money wc:r at play, for which there were different
judgments, the indklment was bad.
Lord ELLamaoaotrc la &fired him to confider whe•
ther it would be advisable to accept of a rule to thew
caufe ; as his client mutt be confined during the
whole of the long vacation, and the punifhment af-
terwards was arbitrary, fo that no coafideration could
be had of his previous imprilonment.
Mr. ERSKIII I replied, that he would take the rule.
After fomc converfation with Mr. Hill Darley, how.
ever, he begged that he might have till to-morrow to
confider of his choice.