Star.
London, England, 1819-08-21 00:00:00

SPORTING INTELLIGENCE.

NOTTINGHAM ItACPS.—TUESDAY; AUGUST 17.
The above Races cothmenced this day. The Course was
thronged with an iminense assemblage of persbnl. In the Grand
Stand were several persons of rank.
His Majesty's Plate of 100 gs. for horses, &c. of all ages. Four
Mile Ileats.
Mr. Pickford's ch. f. by Cesarlo, 4-yrs old 1 1
Mr. Scott's b. c. Wistow, 4-yrs old - 2 broke down..
Mr. Platers b. m. Chasm, 6-yrs old - broke down.

2and4 to 1 on Wistow.
Al Plate of fi-in, given by the Members for the County fur
three-year olds. Heats, once round.
Mr. Scott's br. e. by Thund,mbolt - 2 1 1
Mr. Howorth's b. c. by Sit Charles - - 5 3 2
Sir 'l'. Stanley's hr. c. - - . - I 2dr
Mr. Platers ch. 1. Joke - - - - 3 4dr
Mr. Tome's h. c. Northwood - - - 4 dr
Mr. Walker's br. f. Sunflower - - R dr

Joke the favourite at starting ; after the first heat 2 to 1 on
Sir T. Stanley's br. c. after the second heat 5 and 4 to 1 on the
Thunderbolt colt.

WEDNESDAY, AI:9I7ST is.
The Gold Cup, value 100 gs. by Subscribers of logs. each ; the
surplus to be paid to the winner. Two Miles and a half.
(15 Subscribers).
Col. ilildyard named abr. e. by Marmion, Lyra old 1
Lord Starry named a bl. f. Banshee, 4-yrs old - 2
Cul. Cooper named a br. f. Gammon, 4-yts old - 7.
Lord W. Bentinek named a ch. e. Anchorsmith . 4
2 and 3 to 1 agst the winner; Anchorsmith the favourite.
Won easy.
A Maiden Plate of i5O, given by the Tnwn of Nottio7ham,
for horses, &c. of all ages, who never won prior to starting
for this Plate. Heats. Two Miles and a half.
Mr. Tome's b. e. Northwood, 5-yrs old - - I I
Mr. Philipps's b. f. Nonidona, 4-yrs old - - 5 2
Mr. Noel's b. 1. by Sir Petronel - - - 2 3
The Sir Petronel f. the favourite. A good r cc.
A Sweepstakes of 25gs. each for three year olds. Once tound
the Course.

_
Mr. nollerton's b. e. by Trullle - - -I
Mr. Lacey's ch. c. by Julius ('tsar -
Mr. Storey's br. f. by Julius Omar - 5
Even betting on the winner. A capital race:

SUMMER ASSIZES.

SOMERSETSIIIRE, BRII)GEWATER, AUGUST le.

VALE V. O'BRIEN AND ANOTHER.

This was an action brought by a servant against
his master, who is a Captain in the Navy, and resides
near the city of Wells, for an assault committed un-
der the circumstances detailed in the evidence.

Mr. Serjeant PELL, who stated the plaintiff's case,
admitted that the servant was not justifiable in his
conduct towards his master, as was often the case
when dissatisfaction arose; the servant was apt to ask
in an improper way for his wages and clothes, and to
behave in other ways disrespecttal ; but still that did
not by any means sustain the justification which had
been put upon the record. The defendant had vio•
laced the law ; the plaintiff was likely to be a suf-
ferer for the remainder of his life, and it was There-
fore for the Jury to award damages adequate to the
Injury sustained.

Thomas Brooks—l am a mealman residing at Lit-
ton ; in March last I was sent for at a quarter past
one in the morning ; I saw Vale standing outside in
the road; Filer was there ; there were walls and
hatches between the defendant's house and the road ;
Brown, who came for me, spoke to Vale; I went to
the house for Captain O'Brien; he asked me if I was
the constable of the parish; I told him I was, and he
said, I insist upon you taking him up ; I said, do you
mean to take him up without paying him his wages?
Defendant said, don't you mind that ; I and Simpson
mean to swear the peace against him ; decendant
said, you and Brown cannot take him, and if you
want aid, Simpson and I will help you ; Vale was not
doing any thing ; we all went down into the road I
said, " young man, Mr. O'Brien has sent for Ito take
you up ;" he said, he had done nothing to be taken
up for, and that if Mr. O'Brien would pay him his
wages he would go; Vale was very quiet then ; he
said he had got mole of his things in the house,
which were brought out to him and Locked up by the
plaintiff; I asked if he wasp to go now ; he said he
was, but he would not go without his wages ; the
plaintiff then gave the defendant several keys very
quietly ; the plaintiff said he had had a very good
master; and the defendant said he had had a very
good servant; I persuaded him to go, but he would
not go without his -wages; but the defendant still in-
sisted that we should take him before a Magistrate
next morning; we were proceeding to take him up,
and he drew back three or four yards, and said, " we
five should not take him, nor ten ;" the defendant then
up with a stick and knocked him down ; the stick
was nearly two feet long and as big round as the
small of my a:m ; he struck him on the head; Mr.
O'Brien got down on his body, and Simpson was
holding his head while Mr. O'Brien tied his hands;
the plaintiff begged one of them to move their fin-
gers out of his eyes ; he said, " for GOD'S sake do let
me up, or pull your fingers out of my eyes ;" after
they had tied him they let him go ; I heard one of
them say " fetch the cords ;" they put the cords round
his ants, and then Mr. O'Brien took one arm and
Brown the other, and lifted him up ; he said he was
able to walk, but he was very bad: we then led him
about a quarter of a mile, the plaintiff then asked for
some water ; he complained of his head ; we took him
to Wells, to the Globe; we untied him in the kitchen ;
he took some tea and coffee, and a little to•ist.

York—l keep the Globe at Wells ; Vale was
brought to my house, he was very bad ; I made some
tea ; he tried to eat, but could not ; Mr. Sweeting, the
surgeon, was sent for ; Vale came on the 17th March
to the 26th of May, when I sent the bill to Captain
O'Brien ; and then on to the 9th of June, when I took
him to Bristol ; he was attended night and day ; Cap-
tain O'Brien refused to pay ; Vale paid me.

William Sweeting--On the 16th March I was
called in, about half-past seven, to attend Vale; he
had a black eye, a wound upon his check, some blood
upon his clothes and complained of a considerable
pain in the head and lower jaw; the jaw was frac-
tured, and he had received an injury on the head; 1
considered it to be a concussion of the brain, and the
symptoms proved it to be so; I at first took him to
be a madman, and that the keepers were about him ;
he was in a dangerous state for ten days, and I
thought he would have died ; lie suffered much pain ;
he had violent startings, delirium, and sickness at the
stomach ; I attended him thiee months ; I consider
him now in a very deplorable state; many suffer
from a concussion in the brain their whole lives ; the
wild look would arise from a violent blow on the

head ; I saw him to-day ; the effects of the concus-
sion are still in existence.

On the part of the defendant, Mr. Mohat addres-
sed Li rself to the justification; at the same time ob-
serving, that no one could more sensibly regret the
unfortunate consequences which the plaintiff had
drawn upon himself by his own improper conduct
than Captain O'Brien. He should he able to prove
that the conduct of the plaintiff had been so dan-
gerous and alarming to the females of the family in
the course of the preceding day, that coercN‘c mea-
sures were rendered necessary on the part of tt►e de-
fendant. The defendant, to repress the violence in
his family, had ordered the plaintiff to quit ser-
vice that night, or go to bed and depart in the mor-
ning. The plaintiff had•refused to do either, and in
consequence of such refusal C.iptain O'Brien had
heed cnotpelled, for his own ptotection, to send for
constables to take the plaintiff into custody. The
Learned Counsel was proceeding to relate various
acts of violence, tending to shew that the accident
which had happened might have arisen from the
plahaiffs falling over a piece of wood, and other cir-
cumstances, when he was interrupted by
Mr. Justice Best, who obser✓ed, that the previens
provocation was no excuse for a deliberate act, which
by the evidence of the constable this blow had been ;
and unless that evidence could be contradicted, no
justification could be maintained.
Mr. Moor expressed his anxiety to clear the cha-
racter of his theta from the imputation of acting
otherwise than in his own defence, when

The Learned Judge desired that the surgeon might
be again called.
The Learned Judge then asked the surgeon whe
ther the plaintiff could speak when he saw rim? The
reply was, that he could speak with difficulty, by
supporting his jaw with his hand.—" Then (said Mr.
Justice BEsT) it is evident he must have received the
blow from the hands of the plaintiff, or he could not
have spoken upon the constable's first coming up in
the way that person has described." _ _ _

A negotiation was then entered into, which, after
some discussion, was brought ti a treaty; by which
Captain o'l3::en consented to a verdict against him
for '2OOl. and the payment of costs, as between attor-
ney and client.
Mr. Scrjeant P,:Lt, again addressed the Court and
Jury, being, as he -aid, de:irous of removing every
thing like opprobrium from the character of the de-
fendant. The defendant had acted very hastily, but
he was most ready to admit that the conduct of his
client had been most blameable.

Mr. Justice Bes-r observed, that the cause had en.
ded most properly. The conduct of the defendant
could in no way be justified. The act was not done
in the heat of the moment, and, therefore; in every
way, the defendant must he held liable for all the
consequences that ensued front an act not warranted
by the exigency of the case.