Star.
London, England, 1818-04-04 00:00:00

ASSIZES.

EINGSTON.-VAUXIIALL FRACAS.

TITS RING ON THE PROSRCUTION DIP LORD VI,COUXT
VALLETORT, ARTDUR RYLAND, ESQ.
This was an indictment saint the Defendant for
an assault committed on the sth of July last, in
Vauxhall Gardens, upon the person of William Ri•
chard Edgcembe, Esq. commonly called Lord Vis-
count Valletort.
Mr. GURNEY stated the case to the Jury. The
Prosecutor was the eldest son of the Earl of Mount
Edgcumbe, and the Defendant was the son of a re-
spectable Cnrn-factor in the City of London, a Fel-
low of one of the Colleges in the University of Oxford,
and a Member of Gray's Inn.
Lord Valletort stated iu his evidence, that on the
sth of July last, he had been present at the perform-
ance of a French Play in the Argyle Rooms, and
from thence he went to Vauxhall Zlardeas, and ar-
rived there about twenty nsinetes past twelve. lie
walked under the gallery whet c stir per tables were
laid, in search of some of his acquaintance. From
thence he walked half way up the walk on the left
hand of the gallery, and seeing nobody he knew, he
crossed through the trees to the opposite walk, aed
then pasted towards the gallery again, intending to
leave the gardens, not finding any of his friends.—
He was walking exceedingly quick, and suddenly he
felt a vielen! shove from somebody's elbow from be-
hind, which was given by some person who did rot
pass by hint. Conceiving it impossible but this must
have been done intentionally, he rather slackened his
pace, and immediately afterwards he felt a sinriler
shove from the same person, whom he had not cb-
served ; upon which he turned round and saw the
defendant close to him with a Lady upon his arm,
and returned the shove in the same manner, with lOs
right arm. The defendant then let-go the Lady's
arm, dropped a stick selneh he held in his hand, and
placed himself in the middle of the walk in a spar-
ring attitude, and Lit at the witness with both his
fists doubled, one only of which took effect upon his
face, which caused him tcestagyer two or three paces.
Witness told the defendant that he had no intention
of entering into a boxing match in the gardens, even
.if the difference in size between himself and the de-
fendant had not allowed so to do, and requested him
to give him his card. There was a considerable dif-
ference in size between them, the defendant being
six feet high, though he did not seem a very power-
ful man, but was much o.ron7,er than the witness.
Cross-examined by Mr. leotee.—Witeess knew
the defendant by sight, and had seen him in Vaet-
hall Gardens the Wednesday night before the aoesult.
The defendant gaee him a card with a name upon it,
but without any direction, and ire threw it back
:train, observing that It was perfectly useless without
a slireeti-n upon it. Tire defendant then wrote his
dio s tiers upon the card; and whilst he was writing a
crowd collected around them. Three or four Gen-
tlemen requested him not to return cards with the
defendant, and he accordingly did not give his cs:a
card. A Gentleman, named Aspirall. came up :red
advised him to get a constable, and have the drZerk-
dant taken into custody. This advice he took—he
procured a constable, and the defendant was taktn
out of the gardens, but urn gieing bail he returned
again. He had not seen the defendant that evening
before tire assault 'a as committed, and nothing there-
: fore-had per-fed bets.-een them that evening which
could give him any provocation. The assault must
• have been•irstentional. \Via-less did not recollect the
! defendant saying, " You are no Gentleman for strik-
ing a person with a Lady under his arm." He did
not recollect the defendant asking for his card. The
defendant was a stranger to him until that evening,
and mail then he did not know his name. Ile did
not know what became of the defendants card. He
did not know that he was the son of a respectable
Merchant. Since the affair at Vauxhall he had heard
that the defendant was the son of a corn-factor, was
educated at St. John's College, and was a Student
GI ay's Inn. The defendant was quite sober.
Re-eitemined.— He had frequently received in
public places violent shoves, but never took any no-
tice of them, as they appeared to be accidental ; but
the shoves he had received from the defendant were
evidently intentional, as there were not many persons
in that part of the garden at the time -they were
given. It was impossible they could have been pro-
duced by the defendant's being pushed by other per-
sons against him.
James Aspinall, Esq. a gentleman of fortune re-
siding in Lancashire, was at Vauxhall on the night
in question. He had had no previous accptaintance
with Lord Valletort, but knew his person. Ile was
talking to a Gentleman, named Macnamara, when
the assault took place. He did not see the first shove
which the defendant gave the prosecutor, but he saw
what he supposed to be the second, immediately
after Lord Valletort had slackened his pace. It was •
extremely violent, and did not appear to be the effect
of accident, but was purposely done. He saw the
prosecutor turn round and shove the defendant ;
upon which the latter let go the Lady, and put him-
self in a boxing attitude. He aimed blows right and
left, but only one took effect upon the prosecutor's
face. 'Witness was one of the persons who advised
Lord Valletort to send for a constable, and accom-
panied his Lordship in search of one. He thought
the assault so violent and unwarranted, that he ad-
vised the prosecutor not to have any thing at all to
do with the defendant. The defendant was so strong
that witness thought the prosecutor would have had
no chance with loin.
Here fee case for the prosecution closed.
Mr. IoLAN addressed the Jury at great length
with much ingenuity on the part of the defendant,
contending that the question they had to try was,
whether the prosecutor had not been under a mistt.ke
in supposing that the defendant had intentionally
pushed him, and had therefore himself committed
the first assault, which produced the violence on tire
part of the di fondant. The reason and probability
of the case WAS, that Lord Valletort had beers
taken in supposing Mr. Ryland to have shoved Lim
intentionally. It was not very likely that the defen-
dant, a perfect stranger tea the prosecutor, ant having
a lady under his protection, would have volunteered
in a broil of the description, in such a place. The
subsequent conduct of Lord Valletort had put it out
of the power of the defendant to settle the matter
amicably, even supposing him to have been in error.
The Jury found the defendant—scant;.