Star.
London, England, 1817-06-02 00:00:00

LAW lA7 4LIGESC.t.

COURT OF KING'S BUNCI-I, MV 31.
MASON r. clinacasirroaTn.
This Was an actirn brought by the pltintifi, a So-
lictor, residing At Lincoln, against the tleletidant, a
physici,in, ash r in that City, to recover a
compensition in dAniageskre a 'lntent assault com-
mitted by him on the person airtlivtialatiutifi,
;list of Irerember last. Ale
.s

Mr. Serjeent Veudeast stated tl;e nits imstansea sak
the case and called evidence to_pLove them.
Mr. ease,
keeper of Liricoln gaol, stated
that the plaintiff was agentto Mr. Fazakerley, Mem-
ber for the City of Lincoln; Mr. Facitkerley was a
subscriber to the Lincoln Public Library. The
practice .1 the Libra y was, that when subscriptions
became due and remained unpaid. the names of the
deiaulters should tie put -up in the Library. Mr.
Faz ikesley's subscription having remained unpaid
for !leaf a year, has name remained up during all
that time. Dr. Charleswiirth, who WAi an intimate
iris nd of Mr. Fazakinley's, inquired of the liorafiab
the reams,' why it was MA paid 1 What answer he
received did not appear; he, however, applied to
Mr. fieethsm,-Mr. Fasakerler steward, for his au-
thority to pay the subscription. amounting to onei
guinea, and having obtained that authority. he paid
it. and afterwards it appeared that he obtained Me.
Beetham's sanction to his paying it. by tepresentivig
that the plaintiff bad stated he shoold.declinf paying
tbbsubseription, as he had no hands Ofidr. Faza-
kerky's in his hands, and that Miss' Fisher, .the li-
brarian, had told him on. On the day in question
the parties met at the Library, whets the conduct ors
Dr. Charlesworth became the subject of comerse!
tion, and Miss Fisher was appealed to, who Pour
Lively denied ever having told the de.endant that Mr.
MAW* had said he would not pay the subscription
as he had no funds in hind. Mr. Mason. upon thisyi
proceeded to remonstrate. with Dr.
,Charlisswortb,
who returned this remonstrance, by saying to the
Plaintiff; ." Do you mead to say I have said any
Cling:that's false 1" Plaintiff said. N Yes, I do. be.
cause—" At this instant the delendatst.struck him
a violent blow on the temple, saying, 1. 1 t..ke this
fries no one," and give him sevesol, other severe
blows, by. one of which the plaintircarm was hr.. n
io two pieces, and he was so :severely bruised and
hurt, that he was rendered incapable-vt attending to
his busioeu fur two 1130111111. Vitti
_Cross-examined;—Witness is keep* of Lincoln-
Castle. and the plaintiff is an/attorney, and agent to
MK-Fasakeriey, Member for the city. Mr. Mason
-- did say. on Dr. Charlesworth's entering the Com-
raittee-room, that. be. Der. C,harlesworth bad im.
pertinently interfered in his private concernh ..nd
that the whole of his statement was founded in a be.
When Dr. Charlesworth assaulted Mr. Mason. Mr.
Mason guarded, and attempted to put in blows
as well as he could ; does not know that Mr. Mason
is as will skilled in pugilism ai in law.
Miss Mary Ann./411er, assistant librarian at Lin-
coln Library, was in the library on. the day this as-
mule took place. Dr. ebarksworth, asked witness
is she bad not told bon that Mr. Meson bad *wed
to pay Mr. Fasaketley's subscription. Witness said
she had not told him, though he might have beard
such a thing Irons some other person. 'Mr. Mason
men attar came in, add appealed to wines: to say
whether he had ever told her that be' would not pay
Mr. raitakerley's subscription, because be bad nu
funds in his hands? Witness again replied in the ne-
gative ; and &her some ahem:mon between the Due.
.10( sad Mr. Mason, the Doctor assaulted the Lauer
in the manner described by the last witness.
erairiscamiaed..Witsess did sot see die lirst
bhp* street, nor did she bear Mr. Idason repiiit the
ward tie *mil times.

e, fir. sad, a serres, at Lincoln, stated, that
.'4.4fir biases bad been is a bed state et bealth for tour
er five years, and in last Deeentberume touch redtte-
net by the rheumatic gont Dr. C:barleswottlt was ac.
quainsed with this circdostancea The witness was.
ealkd st to attesd Mr. Mason after the transaction of
tab Slit of December, and loundtbitiatr4 broken is.
two places. It eras the 25th of January following.,
betels witness considered it prudent for him to go
eat at all; and k was full two months before be was
ule be, M.
at all. His elbow will always remain
RiE Mr. Mason was meta), bruised in the face
sad breast, and scented to have been very severely
beaten.—Mr. Mason, brother to the plaintiff, stated,
that his brother's business bad angered very maw
fishy -hy his absence for two months, in consequence
el this transaction.
. Mr. Torritto addressed the Jury for the defendant,
and obseeved, that one singular circumstance in this
case was the removing this cause from Lincoln, where
it slight have been tried at ttle last Assizes ; his
Learned Friend had said it was removed, because it
would, it tried at Lincoln, have been canvassed. and
decided butte ,e west sate Court. Sur this implant-
titan the city of Lincoln were little obliged to those
. who had instructed his Learned Friend ; the only
materiel objectless to this part of his Learned Friend's
instructions was, that they were not true. With re.;
spect to the assault, the most gross and irritating
language had been used by the plaintiff, and the de-
fendant had been provoked to commit that assault,
for which he bad been extremely sorry ever since,
and especially for the injury which the plaintiff's
person had sustained. He shouldslio call several
"Awakes to prove that the words " false," and .6 it is
founded in a lie," were used several times byline Dr.
,Ckatlirsworth struck bins at all. Several witnesses
were called to prose these Teets: after which,
Mr. ;tritest Vavonan replied, and Lord Ulan-
woman stammed up.
Verdict for the plaiatiff—dainages ii4oo, costs 404..
• .

. •
Racatigestparr.—Onliateeday die,Reoeurps
maffie lie *frit to the Pelves Ransil. in Ctioneti.:
dis iatowieg risen-in eapisili convicted ICAO,
Plessien. wit& 1
Ihr Ittsidenmest; gong
Weick*suaiii Is a tarifa/00W; ruin Miens id was.
Rams, Yr alike simale; Ada Davie, fir mai* pada phis*
is a lb.; Omega Y saes, bow Offrey, asol kiwi Row, gee
b 4111641 ogorls IGAlrloce robbas7 Oa kis Meth Mk ,
goo tor a ligbwalisoblierly; 14 Timothy Otifirbliealtlstilktit.;
vibes they- wets all eespited Otnisig Mena& ?be ;
cases if Aso Geadtnen; and
'
Strew, tiefoiotie dealings, trete nikiepielieli