Star.
London, England, 1827-10-18 00:00:00

BLACKMAN V. SIMMONS.

Mr. PAIN! opened the .pleadings. The plaintiff in
his declaration alleged, that the defendant was pos-
sessed of and did wrongfully keep a mischievous and
vicious bull in a field belonging to him, the said de-
fendant, through which was a public foal-path. and
that the sad bull did furiously attack and injure the
plaintiff while hew as planing his way alongthebelicne
mentioned foot path. The defendant pleaded the
egerseral issue.
Mr. Sergeant Caoss, with whom was Mr. Sirgeant
SPANICIE, addressed the Jury for the plaintiff. The

defendant was a person residing near town, having a
v:ry considerable farm in Kent, and being in the mew
pa:ion of a minor one at Tottenham, adjoining the
Marsh. On the 12th of August in every year it was
*fleet:mom of all persons having a right of coitimon.to
torn out their cattle On the Marsh. Ti.. plaintiff was
one of those who enjoyed this right. It happened that,
in one of the fields belonging to the defendant ash,
jacent to this marsh, was a public 'footway, which
he was disposed to dispute, and, with that view,
had thought of varions expedients to prevent persons
tram pa—ing through. After a good deal of deep

he Ike* *die best way would bi
vicious ball, which he had no doebt
would siectuagy prevent any trespass on his land.
Pleased with thought, he avowed his purpose.
even before he was provided with a bull. About
this time business or some other object called him into
Kent, and while staying at Farningham, he heard of a
bull, which was about to be killed on account of Iris
vicious propensities. This was just the thing for the
defendant, and he immediately proposed to purchase
him. He was told that the animal was of a most vicious
disposition, and that he would certainly get into some
mischief. He replied, " Oh, never min,d, he will suit
wall the better for that. He had got a field where per-
sons were in the habit of trespassing, and the bull would
a very excellent thing to keep them out." A bargain
was then fore struck, and the bull with some difficulty,
was got to Tottenham, when he was turned into thh
field, having, it was true, a chain about his neck; bet
that was so extremely loose, that it did not at all pre:
vent the full use and exercise of his limbs. The plain.
tiff was a milkman, and, as had been before stated, was!
in the habit of taming his cows out upon the marsbi
which was separated from the defendant's field only by
a very narrow ditch. On the 23J of October last, the
plaintiff was driving one of his cows to the marsh, wheal
be was perceived by the bull, who immediately le.iped
the ditch, and commenced a pursuit after the cow. Thal
trio animals went on together for some time; but aq
length the ferocious animal turned on the plaintiff, whits
defended himself with a stick as long as he had the pow's!
to do so; but the bull at last overpowered hint, and threes+
him on the ground, when he butted him on the sided
and broke two of his ribs, bruising him all over, and
lacerating one of his legs, which from some former ae4
cident had been much hurt. Maimed and bruised id
this shocking manner, the unfortunate man was obliged
to call in surgical assistance, but even to this hour he
had not recovered the right and proper use of his leg.
This was the nature of the case: what the defence could
possibly be, he really did not know, bat he understood
it was to be treated as a pleasant frolic, a good joke,
and in this manner it was to be attempted to be laughed
out of Court ; but the Learned Sergeant really thought
that when the Jury had heard the evidence for the
plaintiff, they would be satisfied of the serious injury he
had sustained, and would feel that none but very liberal
damages would in any degree compensate him. He
understood that the defendant was in good circum-
stances, and well able to pay. With these observations,
he would leave the case in their hands.
William Ford stated, that in 1825 he had s,:tne con•
versation with the defendant about persons going
through his field to fish in the river Lea. He said he
intended to get a mischievous bull to keep them out.'
There was only a small ditch between the field and tb.l
marsh ; he (the witness) could easily step over it. It has
since been widened and deepened.
In cross-examination he said he rented the adjacent
water, and persons paid him who came to fish. The
ditch at the time in question was about four feet wide.
William Delano.—l am a farmer at Touenham, and
claim a right of way across the defendant's field. I have
seen the bull chase other persons besides the plaintiff,
Med I therefore wrote a letter to the defendant (a paper
was here handed to him). This is copy of my letter,
written by himself. It was written in the August oil
September previous to the accident, which took place
on the 23d of October.

The letter was put in and read : it threatened the
defendant that if he did not iemeve the bull in the course
of a week, measures should be taken to compel him.
William Harding.—ln October last I saw the plain
tiff with his cow in the marsh. The bull came through
the ditch after the cow. The plaintiff endeamted to
drive him away ; but the bull knocked him down and
butted him with his head on the ribs. When he got up
again he was lease. This was between twelve and one
o'clock in the day.
Cross.examined—The plaintiff struck the bull over
the head with a stick when he first endeavoured to drive
him away. The bull had a strap and chain about his
head, but it did not prevent his running.
Stephen Hitchcock—l am in the service of the plain.
tiff, and was with him when he was attacked by the
bull. The witness then repeated the transaction as It
has been before described.

Mr. Sergeant TADDY, in cross•eaamintion, inquired
if the plaintiff was not previously lame.
- The LORD CHIEF JUSTICI-4 hope you do not mean
to bold, Brother Taddy, that we lame people are to be
knocked in the head in this unmerciful manner ?—(A
laugh.)
Mr. Biddell—l am a surgeon at Tottenham, and at-
tended the plaintiff in October last. He had two ribs
broken, and his left side was very considerably bruised.
His leg, and more particularly the knee, was very se.
riously bruised. He was under my care until the 4th
or 6th of November. There was a great deal of M-
I flammation, and he suffered much pain. It is probable
he will never recover the right use of his knee.

Mr. Sergeant TADDY, with whom was Mr. Sergeant
Wicos, addressed the Jury for the defendant. He was
convinced there was no person but must lament the
accident, and perhaps there was no person who did so
more than himself, but that was not the question to be
tried. The question for the consideration of the Jury
to-day was—whether plaintiff had not been the means
of causing his own calamity ? The question was, not
whether the bull was vicious, but whether the plaintiff
had or had not conducted himself in a manner as to
have provoked the bull, wren if he had been the most
patient one that had ever been invented?--(Laughter.)
The Learned Sergeant then went on to contend that
the bull would have been perfectly harmless had be not
been attacked by the plaintiff. He was attracted into,
the marsh by the cow, and if left alone would have done
no mischief. In conclusion, he said, that, under these
circumstances, he felt convinced the Jury would think
this was not a case calling for heavy damages.
The LoaD Culaw•Juarics, in summing up, said,
that the defendant's conduct appeared to him, to be
most cruel, wicked, and scandalous. Reckless of the
consequences, he had dared to take a step which he
knew might endanger the rives of passengers ; but be
begged to inform him, that had death entued, and
had he (the I.urd Chief Justice) been the Judge before
whom he was tried, he should no longer have kept
balls in this iiountry, and if any where, it should be
at Botany Bay ; for it the man had been killed, it
would have been manslaughter, if not something worse.
If the defendant valued the lile of man less than that
•of his bull, he must know that he would not be al-
lowed to protect that tick' at the expense of public
safety. and that slould any person be killed, he would
be removed far aieay from at. There was no man but
must feel indignait at the detail of this cold-blooded
step. The Jury sliust not, however, allow themselves
to be hurried away by their feelings; they most look at
the case in 111 h
its —oar.ngs. His Lordship, however,
thought that in defending this action he had lost one
thing, if he ewer had it--that was, his character. After
having commented on the atrocity of the act of keeping
such a bull, avowedly for such a purpose, his Lordship
went through the whole of the case, and finally left it to

. ,
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tbt*arf to say whether thes,ilmight. from what had
been stated, that the plaintiffhad provoked and irritated
the ball ? If he had, his Lordship was bound to inform
them that he could not recover, whatever might be their
feelings on the subject. If, however, they thought the
bull had from his viciousness attacked him, then their
verdict would be for the plaintiff, and the only remain-
iu question would be as to the amount of damages-
was a question peculiarly fur their consideration;
be would remind them, that it was not only repay.
meat of the surgeon's bill, and a remuneration for his
loss of time, that would compensate him for the injury
he had received—they must take into consideration
what he must have suffered ;n mind at the instant, and
the pain he must have since endured. In conclusion,
Ms Lordship begged to tell the defendant, that had
death happened he would net have been allowed to
satisfy justice by a payment of money; he must have
paid for it by the lowa' his own liberty, and probably
by his death.
The Jury retired at one o'clock, and remained in de-
kliberation until nine o'clock, when they found a verdict
for the plaintiff :damages 1054 .
COURT Of' ItRQURSTS, Kurammerseamo. ,
A Mr. Aldridge, a respectable painter and glazier,
resident within the hundred of Ossulston, appeared to
answer a summons that had been issued against him, at
the instance of Mr. James Morrison, for the purpose of
entre, cing the payment of 16..1d. the amount of hi: bill
for attendance and medicine supplied to Mrs. Aldridge
during a recent indespnsition.
Mr. Aldridge said, the reason he had refused tb dis-
charge the doctor's account wss, that he had charged
him with an ope4ation that, to his and his wig's know-
ledge, had never been preformed upon her. He had
resisted the payment solely on this ground; he thought
it quite sufficient to pay for what service was really
. dove to his good lady, vri!hout any such increase. He
was ready to pay 1.55. 2d. which was the extent of the
doctor's claim; lie had looked over the bill, and merely
objecttd,to one of the items.
One of the Commissioners requested to know what
item it was that was the bone of contention ?

Mr. Aldridge—Bleeding my wife, Sir, Is.6d.—(A
laugh.) Now she was never bled by the doctor at all,
and therefore I certainly will not pay it.
The plaintiff persisted 'hat the charge was correct; he
certainly bad bled Mrs. Aldridge, awl be was ready to
swear•to rhe•fact.

• Mrs. Aldridge said she had been thinking whether or
not the doctor did bleed her, and she certainly could not
recollect. She remembered be wanted to do so.

Com Immure—Why, surely madam, you must have
an exceeding bad memory, not to be able to say whether
you were Wed or not. I suppose you are not bled
every day ? •
Mrs. Alchige—Really, Sir, I caanot recollect.
COMMISSIONIR—Tben I shall order Mr. Morrisento
be sworn.
Mr. Morrison then made oath that he bled the Lady,'
and which means, be had no hesitation in saying, had
saved her aristence.

7Lb Cossiaisinotraft then ordered payment of the full
amount at the bill to Mr: Morrison.

POLICE INTELLIGENCE.
BointreasT.

bfacaostatu e. lirrcants.-:feWerday,llll. Macdonald, the wife
of.Pbelim Macdonald. who Carries on business ao her own.amoont
as a airier of 'fruits ind vegetables and other commodities is
Covent-garden !market, bat having her desk* in HoUes-stree:,l
Clare•market, summoned Mrs. Hatebins,die defendant, for a breach
of the peace, la assaulting bee, the mid Mrs. Macdonald, and dirty-
ing divers baskets of potatoes with suspends, and other waters of
nameks• description. This cause Ind bosn tried before on a skim
ocenion, but the present action accrued en Monday int
Mrs. Macdonald stated, that for the of her chs7ther shed
amid a kw pours at a bit of a stall in Claromarket ;'
and Mn. Hatcbins, wits was !tuolobhom of Mrs, ft"' intim seat

.
floor above her, in the same house, having coaceivod some malice
against her, was continually Yt the habit of /wowing filthy water
over het potatoes, =don Mos* last, had theanpoissee =empty
a vase, not an Earnscan, Pet Mr wares. which wan eenewed for
sale. On her (Mrs. Underlaid) remeestndog, Mrs. litchi= I
emptied herself epee her. he.. torrent of abuse, and calling her Lei
ugly name, struck her a violent blow open the face. 11
Mr. Nutuana, the 'raiding Magistrate, now called upon Mrs.
Hutchins for bet defence to this sanative.
Mrs. Hutchins, who takes her English name from her husband,
proceeded, ore rotunda. to justify her conduct; she pleaded first
the custom of the country, as to the disposal of slops and other =-
per/oats liquids in the Neighbourhood of Qare Market; and neat.
she urged an immemorial usage tolling soap sedsoota a window ; '
Mrs. Macdonald, well knowing this, had closes to pat her potatoes
in the way ; she denied the blow, bat alleged that Mrs. -Mae-
donald having broken into and metered her apartment, she merely,
otoltifer MIMIC Mapenrit, for the pip= of removing her.
The worthy Magistrate, finding these statements so cootrathetery,
inquired of the complainant whether she bad any witness who I
could substantiate the charge of assault y when Mrs. Macdonald
called her husband. Mr. Macdonald, who was repeating the state-,
ment et his wife, when his. Hutchins took a formal ob. ,
that the !unhand could net be a witness for his wile. sod 1
the worthy Magistrate on the bench, exclaimed, "My dear, I
must have a better witness* than that." This deficiency was in-
stantly supplied by the testimony of another witness. and Mrs.
Hutchins was ordered to Ind ball. Sureties were not forthcoming,
and she, of course, was left to her iseabrations IN the lock-op mews.
bi A R LEOROUG MST/WM -
Yesterday a pang fellow named Jake Elias, was brought.
before Mr. Dram, chrrged with the followierollones
Mr. Osbert= a be cher, residing in the ailigleentheed of Hood.
greet, stated that on Monday last, about fro *deck la the after-
noon, the prisoner, whom he had *ever saes before. came to his
shop, and said that be was sent by Mr. Celpp, a livery =able-
keeper fn Bond-street, who is a amen= el Ms (Mr. Oaboones)
for a peund and a half of mutton them /anima and tenderest he
had. The chops were accordingly welghed.-and the reissue. to
save, be said, the trouble of sending a pees= Mine with thens, of-
fered to carry them himself; but be (Mr. elliosimp)hiselos been
often before done out of chops sad stooks he a: IMO= way.
would not suffer the primate to be the hearer of thessaind .ant his
young man to take them kook in the resider tray way„andthe pri-
soner went about his business. Whew, however the yowl ma
arrived at Mr. Cripps with the chops, be met ah:pborier casaba
up the stable-yard towards him, who said. in rather an angry tame.
" Bless ate, what a keg rinse you have he= with those chops.—
here is Mrs. Cripps quite angry, waiting for theca oblong ;" and es
saying, be took the chops out of the tray, sod walked towards the
house with them ; and the young man. thinking .that all was right,
returned home; but the next day it was discovered that Mr. or
Mrs. Gipps had neither sent for or received she chops in question.
The young nun who delivered the chops to the primmer. proved
the tact as above described; and Mr. Cripps deposed that behoove
nothing whatever of the prisoner; and had neither seat him foe
chops nor received any from him.
The jokester said nothing he Me defame, and was committed
for trial.

blr. Osborne said that the km was so very telling that hi wergild
not proceed upon it, were it not. toe the number of robberies of the
same kind be has suffered by.
John Edge, and his wife, Mario Edge, were brought Wore Mr.
CONANT, charged with having committed a amber of murk' ON
various persons in Sc. Martin's-lane, on tborprariens rewerskie.
Upon being placed at the Bar, the female was. recognised as the
Pen= who cohabited with Codes Drioadi, who mom time since)
was executed for extorting mosey from the buffer of Ms Grace the
Duke of Norfolk, under the threat of charging bbr Wish en infa-
mous offence. It was stated that they were bock well known.
Mr. Concert:—They must each Sod ball on the different charges
of assault, and give on each charge twenty-four boars' nodal of !NUL
M
George Jelf, charged with converting to his owe um the proceeds
of a bill of exchange for the payment of 100 f. with which he was
entrusted by Mr. Hutchins, a dentist, to Goldenoursare, for die
purpose of getting discounted, was Sniffy exambasid, and commit.
tad fur triaL

QUERN-SQUARE.
Yesserday the Office was crowded to bear tlw inveatizatlen into
the death of the soldier's wife, who was lately lowa lying dead la
Sloane-street. Mr. &irking; the Coroner, sad most at the Uwe-
men were ptesent, before whom It had been mars by two watch•
men that the deceased bad not suffered any violence, and that gse
was intoskated. John Nash, s watchman is the private grenade,