The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-02-12 00:00:00

COURT OF PASSAGE

Before. CHARLES CROMPTON, Esq., Assessor.
This court opened yesterday, and the whole of the cases,
which were not numerous, were got through before its rising,
most of the parties having arranged their disputes out of
court, and others being undefended. There were present a
considerable number of counsel, amongst whom we observed
Mr. Venables, Mr. Murphy, Mr. James and others.

ASSAULT IN ST. JAMES'S MARKET-DENNISON V.
This was an action for an assault, and Mr. Venables was
counsel for the plaintiff, and Mr. Murphy for the defendant,
who Pleaded not guilty. The case excited considerable in-
terest.

Mr. VENABLtS stated that his client, Mrs. Esther Den-
nison, kept a vegetable and fruit standing in St. James's
Market, that she was an elderly person; and that on the
28th November last the defendant, Mr. Ray, a fruit-dealer,
came up to her, and after some words had passed between
them respecting some transaction in business that had oc-
curred between them, he struck her two violent blows, in-
flicting such injuries that medical assistance was required
even up to the present time ; and that she had suffered great
indignity and much pain, and had incurred a bill to a pro-
fessional man of a very considerable amount. He thought
that from the facts which he should prove, the jury would
consider her fully entitled to recover damages much above
the amount of the bill alluded to. He dwelt upon the un-
manliness of a strong man striking an elderly female.

Mrs. Mary Gearing, a respectable-looking woman, said she
was a widow, and knew the plaintiff, Mrs. Dennison, from
whom she occasionally purchased vegetables. She was in
the market on the 28th November, about nine o'clock, and
heard the plaintiff and Mr. Ray in conversation. Something
was said relative to an account between the parties, and she
heard the plaintiff say—" If I owe you anything put me in
the court. He then said—" You are a drunken old huzzy."

The plaintiff said—" You are not going to strike me?" e-
fendant then struck her twice on the breast, uear the pit of
the stomach. with his right hand shut. She did not in the
least offer to strike him. A number of persons collected
round. Witness soon afterwards went to the standing, and
found the plaintiff sitting on her chair, crying, and apparently
in great pain. I asked her to go to a doctor's, and led her
to Mr. Aspinall's, the druggist. He gave her something, and
directed that she should be taken home, and that she should
have her stays taken off.

Cross-examined.—Plaintiff was not in liquor that I per-
ceived. There was a girl present. I was waiting at the
standing to buy some parsley. I did not see her attempt to
strike the defendant in the face. He struck her two blows
with his right hand. lam quite sure his band was shut. I
did not hear her call him an " old rogue." Mr. Aspinall
gave her, I believe, some camtnomile and things.

- Re-examined.—She did not atttempt to -strike the de-
fendant.

Harriet Brown, daughter of last witness, and wife of
Brown, also a respectable-looking person, said she was pre-
sent with the last witness. She heard the defendant call
plain tiff a drunken old huzzy, and she replied, "Thank you,
sir, it 's all right." She saw him strike her twice. The
blows (on the breast) were violent, particularly the first.
The crowd gathered round directly. She (witness) said to
defendant he ought to be ashamed to strike an old woman.
He said, " You are a liar ; 1 did not strike her." The mar-
ket-looker came, and took him out to take him to bridewell.

Cross-examined.—The plaintiff did not appear to have had
the least drink. She saw a girl at the standing, who pushed
Mr. Ray—after the blows were struck. He had a coat on
his left arm. I looked on until a market-looker came up.
I don't know what was done in the business elsewhere.
Mr. Edward Parry, surgeon, said he had been called in
to Mrs. Dennison's, (the plaintiff's) at her house near the
market about half-past twelve the same night. She had pain
of the breast and oppression of breathing, which might pro-
ceed from blows in the chest. He saw her four times on the
following day (Sunday), and applied a number of leeches. On
Monday the symptons became aggravated, and he called in
Mr. Batty to have a consultation. On Tuesday morning
they made an examination, and found two fractured ribs near
the sternum, which might be caused by a blow or blows on
the breast. Mr. Batty called Mr. Emmett (as we
understood the witness), who acquiesced in his opinion ;
he also called a Mr. Banning, but that gentleman refer-
red the case to the others, as there was a plaster on the
part affected. Plaintiff was so ill that he (witness) atone
time despaired of her life. She suffered much for a week, and
he continued still to attend her. There was now an indura-
tion of the left breast, which might result in something very
serious. His bill (handed to him), and including £5 ss. to
Mr. Emmett, was £26 Os. He should have no further
charge. . _

Cross-examined.—He did not know a girl named Martha,
and never spoke to her on the subject. Had never said to a
girl, " You must swear that you saw Mrs. Dennison knocked
down by the defendant." Never said he had received £2,
which he would give to the attorney for the prosecution.
The injury was inflicted apparently by two blows, and they
might have been either by hand or foot. He had before at-
tended one of the plaintiff's daughters. Mrs. Dennison's
daughter, Mrs. Burns, was in the house. The plaintiff did
not appear to be drunk; but she might take a glass occa-
sionally. He did not think her a teetotaller. He had nei-
ther paid, nor promised to pay, anything towards the prose-
cution of the case.

Re-examined.—l have had no intercourse with the parties
but in attending them professionally, and nothing to do with
the case but as a witness.

Mr. MURPHY addressed the jury for the defence. He
stated that his client had gone to the plaintiff for an account
of £2 17s. He should show that she had called him an old
rogue ; that she had made two blows at him ; and that he had
only held up his hands in his defence. He should also show
that the injuries she had sustained were from the hands of
her own son, with whom she had a quarrel. He impressed
upon the jury that Mrs. Burns, the plaintiff's daughter, and
others, were present at the time of the alleged assault. He
should also show that the plaintiff afterwards went with the
other two witnesses, and was seen drinking at a public-house.
He then called—

Martha Renshaw, a girl, who spoke with such anxious vo-
lubility that the court found it necessary frequently to re-
strain her. Said that she had lived in the service of Mrs.
Dennison, and that Mrs. Burns was present at the time of
the alleged assault. She was quite near the plaintiff : Ray
was, indeed, between them. He asked her for some money.
She turned round, and called him " a damned rogue,
and afterwards made three attempts to strike him. He
put up his arm three times in order to prevent her. She
did not see Mr. Ray strike her. She (witness) brought her
twopennyworth of rum about three o'clock, and afterwards
some more, with which she made her a warm glass. The
The plaintiff also went away with some country people, and
witness afterwards found her at a public-house. When she
went down the steps of the market afterwards with witness,
she reeled against the railing. After she left Aspinall's she
went with the two female witnesses. On Sunday she said
she said she would enter an action against the defendant,
and told witness to mind her words on the trial, and to
swear that Ray knocked her down. Mr. Percy sent her
two yards of calico to wrap round her breast. Some weeks
afterwards he called and asked for some money, saying it
was for the attorney in this action. He told me to say she
was struck on the breast, and knocked down by the blow
given hes by the defendant on her breast. Her son (who
told witness) was 15 years of age some time ago. About 10
o'clock one night before, they had a row, and the son struck
her on the shoulder, which was black. He drew his fist and
struck her, and then drew his leg and struck her on the
breast with his boots on. He afterwards had hold of her by
the hair of the head. There was blood on her cap. She
told her (witness) to say it was Mr. Ray.
Cross-examined.—l live with Mr. (we did not hear
the name) as a servant, and receive is Gd per week. She
had been there a week last Tuesday. Ray had his coat over
his arm. He pushed her but did not hit her. There was no
one close by but them and the two female witnesses. Ray
had his right hand in his pocket at the time he pushed. A
crowd came, and plaintiff said, " the fright made him jump."
I slept at Mrs. Burnes's that night—the plaintiff's daughter.
(She had before said she had gone to or slept at her mothers.)
She went to her mother first. The plaintiff did not appear
to be so ill on Monday ; but was in for some days after.
Dr. Perry asked Mrs. Dennison for money to carry on
this prosecution. The boy (plaintiff's son) and I quarrelled,
and I left. I was making ready his mother's dinner and
he wanted it.

Mr. `-ENABLES addressed the jury for the plaintiff.
Ile dwelt on the respectability and character of Mr. Perry
as placing him beyond doing what sas imputed to him—
more particularly as he could have no return, and recapi-
tulated the evidence, all of which was consistent, although
tilt parties had been ordered out of court till called for.
The ASSESSOR, in summing up said, there were such con-
tradictions in the evidence, that there must be great wicked-
ness, and a gross conspiracy on one side or the other. It
was solely for them to judge. He, however, noticed the
proper manner in which the two female witnesses had given
their testimony, and said that Mr. Perry mnst have been a
bold man to have made the assertions he had made if they
were unfounded. The defendant had pleaded " Not guilty."
if they found for the plaintiff, they would then ascertain the
amount of damages—without, however, making Dr. Percy's
bill an ingredient.
The jury retired, and after being absent for nearly an hour,
returned a verdict for the plaintff—damages one farthing.

As the Assessor made no remark, thi's: verdict will, we
learn, carry costs.
BENEFIT SOCIETIES-M‘CARRON V. 'LEAVY, GARGAN AND