Star.
London, England, 1826-08-07 00:00:00

the result was f.tvOimMe to tte claim for toe ; the Jury
returning a verdict fur be plaintiff'.

MAIDSTONE, Are. S.
STOKES V. OZENDEN AN. OTHERS.
This was an action against Henry Chudleigh Oxen-
den, El. George OienJen, Esq. S r John Fagg, But.
High Sheriff of the county, and John Oliver, Esq. for
violently assaulting the plaintiff. The defendants
pleaded the general issue—not guilty.
This was a'case of great excitement and interest, from
the wealth and rank of the defendants, and the alleged
circumstances of cruelty and barbarity under which the
assault was committed. The plaintiff, a very poor man,
sued in farina pauperis ; the defendants separated in
their defences. A rule for a special jury had been ob.
tained at the instance of the defendants. Eleven special
jurors now attended, and the panel was made up by a
talesman.

Mr. BRODERICK, in stating the case, said that he ap-
peared as the advocate of a poor man, in the most
humble station of lite, seeking impartial justice for a
grievous injury inflicted by persons of rank, fortune and
influence. Impressed with the conviction that fair and
impartial justice would not be denied him, he did not
fear to submit his case to the judgment of a Jury, chosen
from the same sphere of lite in which the defendants
moved. The plaintiff, a poor labourer, suing as a
pauper, sought a reparation iu damages from persons
having on their side all the advantages which birth and
fortune were naturally calculated to induce. It would
be demonstrated that per sons of this cond tion had con-
' ducted themselves towards an humble fellow-creature
in a manner which the laws of this country did not
sanction, and which could only be accounted for by an
utter disregard of the lives of those who happened to
interfere, eitheir with their idle sports or selfish amuse-
' ments. In truth, it would turn out that this was little
more than an inquisition of damages; for that an assault
had been committed, and that under circumstances of
the most outrageous violence, was a fact capable of the
clearest demonstration. After some further obset va-
tions, the Learned Counsel detailed the facts which were
proved in evidence.
Luke Evans, a journeyman paper-maker, Thomas
Maytum, labourer, working in the factory of Messrs.
Phipps, at River, near Dover; Thomas Bayley, a 14-
bourer, living at Ewell, near Dover ; William Patterson,
a carrier at Dover ; and James Martin, a labourer of
Lidden, were then called to prove the plaintiff's case.
From their evidence it appeared that on Sunday, the
ditch of March, Evans, Maytum, and Brockman, the
son of a publican, at River, went to look for a fox for
sale, at Fisher's burrow fox-earth, and in doing so, two
dogs which they had with them, belonging to a man
named Witnell, who went by the name of Billy the
Devil, got earthed, and could not be taken out. Next
day Evans and Maytum, in company with the plaintiff
Stokes, a blacksmith, went to the fox-earth, each
• having a dog with a net and a mattock, and other im-
plemets. The fox-earth is situated en a farm called Wick-
ham Bushes, the property of Mr. Noakes, of Mungam.
The men began to dig for their dogs, when Mr. Graves,
the steward, came up and inquired what they were
about. They told him, and asked leave to proceed.—
Mr. Graves gave them permission, provided they filled
up the holes again. Whilst they were digging, Mr.
H. C. Ozendon came up on horseback, and demanded
what they were doing there P He was informed, and
that they had permission from the steward. This
he denied. He then went in pursuit of the steward,'
who Came back; and, in the presence of Mr. Oxenden,
stated, that it was true he had given permission to the
men to dig for their dogs, after they had begun. Mr.
Oxenden then said to Mr. Graves, " I know your mas-
ter, and he will do anything to oblige me, so I charge
you to warn these men off the land.' The steward ace:,
cordingly warned them off, and they went away imme-
diately, taking their tools and dogs with them. A party
of Gentlemen, in hunting-dresses, then came round the
corner of the wood, and Mr. Oxenden gave them what
is called the se view holloa." As soon as they came up,
Mr. Oxenden said, " Now, in the first place, we will
kill all their dogs." At this time Maytum and Stokes
were going off towards a wood, with their dogs under
their arms. Several gentlemen then pursued them,
striking at their dogs. Mr. H. C. Oxenden then cried
out, Ride over them." Mr. G. Ozeoden. who was
riding a gray horse, rode over the plaintiff, and knocked
him down. The plaintiff received a wound on the left
side of his head from the horse's hoof, and was kickeJ
in one of the hips. He was immediately covered with
blood. The gentleman then rode after Bayley into the
wood. The plaintiff escaped with his dog—one of the
eyes of the animal being struck out, and hanging on
its cheek. The plaintiff had a handkerchief tied round
his bead for two or three days, and did not appear to
have been very materially hurt. In about an hour and
a half afterwards the two dogs were taken out of the
fox earth and shot by Mr. Oliver. None of the witnesses
could identify any of the defendants except Messrs. Ox-
enden as being present when the plaintiff was ridden
over. The last witness said he thought Sir John Fagg
looked like one of the gentlemen, and he believed he
was present.
Mr. Manarar submitted, that there was no case to go to at
Jury against Mr. Oliver.
Mr. &mans also contended that there was nothing to affect
Sir John Fagg.
Baron GRAHAME thought the whole cue ought to go to the Jury.
Mr. Guaarr then adduseei the Jury for Messrs. Oxenden ; and
argued, that the injury which the plaintiff bad sustained was quite
accidental, and that the object of the defendants was to destroy the
dogs, for which separate actions had been brought, and now re-
mained for trial.

Mr. Mammal declined addressing the Jury for Mr. Oliver.
Mr. BOLLAMID contended, on behalf of Sir John Fagg, that there
was not a tittle of evidence to show that that Gentleman was pre-
sent, or knew any thing of the transaction until it had happened.
Mr. Baron Guanine summed up the case.
The Jury retired, and in about ball an hour found Mr. Oliver
and Sir John Fagg, Net Guilty; but Messrs. Oxenden
Damages 1001.
Morris Murphy, aged 27, was indicted for violating the person of
Jane Barton, a girl 12 years old, at Strood, on the cad of Jon, last.
This cue excited considerable interest, and the trial occupied the
greater portion of the day. The prisoner was Acquitted.

Private letters have been received at Manchester from
New York, stating that a public meeting had been
held there, to consider of the propriety of aiding in the
relief of our distressed manufacturers, when it was re-
solved to freight a ship of tlte largest tonnage with Hour,
to be delivered at Liverpool, for distribution.
VIENNA, JULY 25.—Their Majesties the EmPenon and
EMPRESS Mill arrive here the day after to-morrow, and
then go to the family estates in Upper Austria, where
they will remain till the middle of September. Her
Majesty the Archduchess Maria Loma, with her son,
will follow their Majesties, and then return from Upper
Austria'to Parma.
The Bishop of JAMAICA, on returnittg from Hondo.
ras, was received at Jamaica on the 7th of May, ender
a discharge of artillery ;—perhaps they were minor cations.