The Statesman.
London, England, 1809-08-23 00:00:00

Sp :WS E.

• in Ltllo 1 R B.

sly/T.IIN, AGAINST um, toi.

The Game Lacs are nut less oppretsiae than
Proillictite of discord: The l'entont who kills a
h :re that crone* his path. finds a snug retreat in
the House of Correetion. The Farmer who destroys
the animals that are desiring hit crops, has the
satisfaction of being duly fined ; and tiiefettdr
twern manurial proprietors arena nnfreqtaently be.
rp,:athed as legacies to posterity for the preset.
Nation of good neighboariood and social comforts.
A country neighbourhood, in which quarrels and
jealousies on the subject of game arc unknown,
a phenomena' ; but when, to the almost natural
tenaciousness of a village lord respecting his ma.
atonal rights, is superathled a violent difference of
opinion in politics. then may the Guiltless of Dis-
cord be trade said to reign paramount in the un-
Ricky pdri.h that she has chosen for her abode.
In this cause it very clearly appeared that a sup-
posoct infringement of the lavis respecting game,
was a mere a vehicte for the gratification of political
animosity. The facts, as they appeared, a ere as
follow :
Thu Plaintiff. J Simpkins, is the tenant of
FRANCIS 1)1.00ALF ASTLET, F.q. of Evert", in
. the cilia(' of Wills--the Defendant, HENRI'
HUNT, Esq. of S.lnt Solid Collage, in the same
county, iff the sewcounty, neighbour of 311 r. Astley ;.
thane Gentlemen, unfortunately, entertain very
different qcntimento on politics—Mr. Hunt is the
friend of Mr. Conserv, and a :::,rt.tn adesiter of
1h PRI.VCIPLEI and [aka' of teat Gentleman,
and it wilt be remembered that at the memorable
Wiltshire Meeting, where the Freehold ...I.s of that
iMportant county had the manly sense to think
for themselves, the able speech of Mr. limit
coutributed in nu small degree to open the
eyes of a most respectable body of freeholders
to the true intevests of their country. That a
Geutlenian possessing these sentiments, and, wait
was still worye, having hardihood publicly to
avow them, should incur the divide/is/ire of those
Gentlemen who " think that ;staffers are very
" wellas thzy are ;" and to whom the words
Reform, Cobbett, Wardle, aro rno..t Lys sh and
discordant, cannot be very surprising. The first
dire consequen:w of thii displeasure was—a no.'
Lice to Mr. Hunt, requiring him to abstain from
spurting o• the lands of Mr. AstleyN tenant, John
Simpkins. Heedless of this imperative mandate
—Mr. Hunt was caught in the very fact of haw.
Inc; strayed upon the open down land of the Plain-
tiff, to the amazing distance of sit whale yards.
For this trespass, John Simpkins instantly brought
his actinn--to %Inch, Mr. Hunt not duly plead_
ing, interluciitory judgment %assigned—and on the
Bth inst. twelve respectable Inhabitants of %Var_
minster, some of them the tradesmen of Mr. A stley,
were summoned on a writ of Inquiry, to say what'
damages the Plaintiff had savained. The attorney
employed by Mr. Ashley's tenant, a gentleman of
candour, iatogrity, and reput :tion, having stated'
the case, produced a witness who proved th.
trespass.
On the ernss.rsamination of this witness by Mr.
float, who acted as his own advocate,, he swore
piefike/y, that flat. Defendant " had nut done 111'
" Fru ditty of Damage, as he only walked about
" sly yards nut of the high timid 'hi. Plaintiff's
ate Opel/ duals land."—(The Dainigi.s were laid at
1001.)

Mr. Hove then addressed the Jury in a most
happy strain of argument, in which, after ex-
plaining to them the *Olen and waives of the
action, lie stel;atitted that as not the slightest damage
had been preyed, so he trusted that they could
not by their oaths give a verdict of damages
against him. lie was well aware of the nature of
a writ a bigwig), which, issuing after judgment
being signed, in consequence of the neglect of the
Defendant to put ire tr plea, had been usually censi.
dieted as an admission that damage had been sustain-
ed by the Plaintiff; and he had no doubt that the
Under Sheriff would direct them, in the usnal way,
to find for the Plaintiff with a farthing damages ;
but as no damage whatever was proved, he most
strenuously contend that it was impossible fur
twelve men,who had sworn " well and truly to as.
sess the damage" which the Plaintiff had sustained,
to give even one farthing, when the PlaintilPs
own witness had expressly sworn that out.
one farthing of damage had been committed.
It had ever been Ms nrinion that, by the Constitu.
ties of England, a Jury were jugges as well of the
liw as of the fact—this was a principle for which
be should ever contend ; and as the liberty of the
subject was so inseparably connected skit that
doctrine, he confidently expected, from the very
respectable Jury of his countrymen that he was
addressing, an illustration, by their verdict, of
that important principle of the British Consti-
tution.
The Under-Sheriff then stated to the Jury the
nature of a Writ of Inquiry ; it was the King's
Writ commanding the Sheriff to summon a Jury in
order to assess the damages sustained by the Plain.
tiff. In cases where no actual damage had been
proved, it was always customary to gives farthing,
as being Old lowest denomination of coin known
in this realm; and, knowing of no instance in
whieh that custom had been departed from, it was
air o;.inion that the Jury must ;ire a farthing da-
mages. The Plaintiff hail pr:,re.l the trespass,
and some d images must follow.
The Jury, after consulting together a short
time, :laid, that they felt it inconsistent with the
oath 'hike had taken, to give even a farthing da.
stages, ill the Very/ teeth of the Plaintirs °wad
Witness, who swore that not one farthing of
damage !:ad bean coattnitted—.sod notwithstand.
ing the remonstrances of the Under-Sheriff, per.
silted in refusing to give even one farthing do.
magas !!t
flowerer this verdict may be at variance with
tie custom in legal proceediogs tin of inquiry,
it is certainly substantially correct.—The Jury
are directed to inquire what damage the Plaintiff
has •ustained—they Jo iopise—an4l on that in.
quiry are told the -whiten, oho proves the fact
of the hew's, snot one farthing." W hat then can
a Jury do, but In the fact pram!, and cut.