The Statesman.
London, England, 1818-10-28 00:00:00

. . .
ther to bistieeth who was es short-sighadairs9y• be'
cod not
.see 4 moo well enoegivto lightAis
Would they not cooceive be deserved the severest
pertishment ? U, indeed; 'tlie person who Main-
suited him before the trial commenced; sod who was
in the garb of a Gentleman, should come out of
Court and re seat his determination to orend, be
(Mr. Hunt) would soon let him see, that be was as
ready as any man alive could be to pursue the course
°pet, to a Gentleman, when any person vestured to
offer him offence. He knew where he stood, and was
snare th.t a Court of Justice was not thrl place in
which he should state what in such a cue be would
do, he would therefore drop the subject. Respecting
Mr. Dowling, he would only say, that he bore no
hostility or animosity towards him ; , he
thought, that if Mr. Dowling bail consulter ;al own
feelings, antinot listened to evil advisers, he would
not have come into Court this day. lie was the ori:
ginal aggressor, and bad come off with a slap in the
face, in return for his assault with a horsewhip. If,
under such circumstances, the Jury could return a
verdict of guilty, against a man who had been so
treated, be should certainly bow to their decision,
though be was:convinced when they afterwards re.
flected upon what they had done, the recollection
of it would not be pleasing to them. He anticipated
from the impartiality of the Chairmen, that they
would hear from him a recommendation to dismiss
altogether from their minds, in the piesent considers.
Lion, whatever had been his.public and political con.
duct ; be that right or wrong in their view of a
matters,. was a question wholly irrelevant to the en-
quiry with which they were, on their oaths, intrust-
ed. if a man could be attacked is be had-been; and
then found guilty in a Court of Justice for retorting
upon his assailant, there would be an end to the ex-
ercise of the boasted feelings and ipirit of an Eng,
lishman. The Chairman would, doubtless, lay down
to them the law—he (Mr. II.) would not therefore
refer them to the books of any great legal authorities
any further than to say, that from the time of Lord
Coke downwards, it had been held that a man was
not only justified in repelling force by force, but that
he was further entitled to bring an action for an as.
sault against the party who had first assailed him,
even though he should have retorted blow for blow
on the aggressor. Ile would call no witnesses, but
cheerfully left his case in the hands of the Jury, and
would bow to their verdict.

7 -7

MIDDLESEX SESSIONS, Ocr. 27.

THE DING V. NIGHTINGALE.
The Defendant in this case was indicted for wan.
tonly assaulting the Prosecutor on the 19th of August
last, by breaking his windows at eleven o'clock at
night.
Mr. AJDOLPHUS stated the case on behalf of the
prosecution. The charge, if proved, as he bad no
doubt it would be, was sufficient to excite the indig-
nation of every honest and independent mind. What.
ever his own feelings might be (and he would frankly
own they were powerfully excited on sett an occa-
sion), he treated the Defendant would nut conceive
that in the expressions he mighOse obliged to use, be
meant any thing personal. At the same time, if the
evidence was satisfactory to the Jury, it would be
utterly beyond the power °Cleavage to empress the
indignation and contempt which one most feel for a
person who could be gu4try art seek a wanton out.
rage on public decency sod public peace. nippily
the Bar was distinguished for the liberal terms in
which they spoke of every person, rich or poor, and
he trusted the day woeld never arrive which would
see an English Advocate avail himself-al the privi-
leges of his situation by indulging in abuse. After
going through the evidence be was about to call,
the Learned Counsel animadverted in the most se.
were terms on the Defendant @sating use of the words
—"that his honour prevented hie disclosing the aims
of his friend who had broke the window." For him
to talk of homier was wonderful. A man of honour
to go about breaking windows!! One had re.
peewity heard of honour among thieves and among
persons of a more infamous stamp. But was it a
proof of honour to see a dandy going about and an-
uoylog peaceful families ? Much better would it be
for such creatures to assume the name of Mohawks,
as had been done in the days of Addison (for then
we had no dandies, but bucks), than assume the fe-
-1 utinitie name of dandies. Whatever opinion a dandy
might have of himself, certainly he W 00.4 thing not
fit for social purposes, sod he trusted the creatures
of.the present day would find the law more than a
match for them.. If the dandy supposed that break.
ing windows was a new invention he was much mis-
taken, for the very same thing had happened a cen•
tury ago, only with this difference, that the bucks
at that time broke them with halfpence, but our mo.
darn dandies did so with atone*. The Learned Coun-
sel called then the following witnesses :
Mr. Denison stated, that he is a surgeon and- apo-
thecary, lia&og in Duke-strut, Manchester-square,
and has dune so for forty years. He was sitting at
home on, the evening in question (10th of August)
in the midst of his family, the window.shutters net
being closed, and his wife bring within two feet of
the window, when a gceat crash was heard, whiCh
broke two panes of glass and the window.tearne. He
found a large stone in the room, which unquestieue.
bly mast have been carried some distance, as no such
stones are in the street. Heird the watchman ay
out some time after. He went out and.found lOW
person in custody of the watchman. That was the
Defendant, who said a friend,of his had done it, but
he refused to give the name. He was taken to Marl.
boroegh-street, and held to bail.
Cross.ezamitted.—When takers to the watch-house
witness did not desire he should be put in the black-
hole. Did not hear his daughters make use of able.
•sire language to the Defendant when the window was
broken.. Does not himself know that the Uefeudant
was _put in the black-hole.
Re-esamined.—The Defendant has never yet dis-
closed the name of his friend.
James Weal was in Mr. Denison's house, and hr
corrobora'.d the evidence of that Gentleman. Saw
the Defendant in custody, who had been caught by
the watchman as he was terming sway. Defendant
said his friend had run off in a contrary direction.
Defendant seemed to take all easily, and used some
slang terms, which witness does not recollect.—
Doubted the truth of Defendant's story relative to
his tesidencrand' peofestioe. ' -

gTATES*Ar4.

...

- FIRE.

of the eyes.

Vllet , •
Cross.ezansined."—Dses net know the author of a
lettir which was sent to this-Newsoapers purporting
sfi3Ost with the signetore of Mr. Nightingale.
/sines 13pcklry corroborated the above.
Crois•exatnined by Mr. •Dowt.nrc.— Several very
abusive epithets were given to (he. Defendant in the
watcli.house.
Patrick Connor, a watchman, was on duty at the
time is question. It was a int moon-light night,
and he saw the Defendant runoff. No other person
was iq the street. He was near the house.
This closed the rase, after which .
Mr, ALLEY contended, that them had been no case
made out in law, as no assault was made out, and as
the name of she rallies was not in the indictment.
The COO at aver-ruled the objection...
Mr. ALLEY then addressed the Jury on the behalf
of the Defendant, who, he stated, was the descend-
sat of a Lady of rank, and held a situation In the
army. lie solemnly protested that he had not thrown
the stone, hut that it was done by his friend, who hap-
pened to be intozicated, and whom be was conduct-
ing home. •
The CHAIRMAN thargeAl the Jury at great length,
and severely censored the conduct of the Defendant.
In the course of Ili} charge be warmly applauded the
conduct of Mr. Denison, and stated his sincere re.
gret that the Defendant had noised. an apology, as
he ought to havedone, and with which Mr. D. would
hare beets satisfied. He held the Defendant guilty
in the eye of the law, and assured him, that by Blend-
ing for ward as the champion of his friend he identified
himself with the crime. A fins would not do here,
as a mote severe: punishment must be awarded, and
the Jury would therefore come to such a conclusion as
public justice called for; the inhabitants of the
country were bound to be protected against such con-
duct.

The Jury then considered for a minute, and the
Foreman turned round to give the verdict, when Mr.
ADOLPHUS requested that it might be delayed for a
few minutes, whileke conversed with Mr. Alley.
'rhe CHAIRMAN was not desirous that any punish.
meat degrading to a Gestlearan should be inflicted ;
but most assuredly the offence was slue which could
not be lightly passed qtr.
Mr. Nightingale expressed himtelf willing to do
any thing the Court might direct, but he would not
acknowledge himself guilty.
An apology was then drawn up, which having
been shown to the parties, Mr. Nightingale read in
open Court. It was nearly as follows :••-•
66 No one can lament more than myself the fact
having been committed, and I am extremely sorry
for that or ony thing else that might have given of-
fence to the feelings of Mr. Denison."
We understood that a fine of 501. was also to be
paid, and applied to a public charity.
A Juror was withdrawn, and no verdict was of
course given.
The CHAIRMAN then addressed Mr. Denison,
observing that his conduct had been most praise.
worthy during the whole transaction. The Public,
he said, were the more indebted to him for institut-
ing this prosecution, on account of the rank of the
party accused. With respect to Mr. Nightingale,
he was happy that, at last, this. course had been
taken; and he could have wisbed that it had been
adopted at an earlier period of the case. He really
believed that the Defendant bad spoken the truth,
ebeakeltaid tint he had not himself thrown the
stone; bet the-more jest and equitable mode of set.
fling the matter would have been, to have brought
forward the friend who actually did commit the fact.
If an apology had been made at the proper time, all
this unpleasant proceeding would have been prevented.

Yesterday. a little before one o'clock, an alarm-
ing fire was discovered in the extensive premises of
Mr. James Sada, carpenter and builder, in Grey.
stoke-place, at Ike back of Fetter,lane, which soon
destroyed the workshops and dwelling-house. It is
supposed that this fire originated io the boiling over
of • pitch kettle, left accidentally by the workmen
on their going to dine. Eugines multi arrived on the
spot, but the confined situation of Mr. Sadd's pre-
mises prevented them from acting -with full effect...—
Two of the workmen had • narrow escape from
death, one young man was much scalded by the
dropping of the melted lead, from & pipe, and an-
other's hair was burnt. Elim Chapel was partially
ou fire, and No. 7, in Greystoke.place, has scarcely
it whole windoW now remaining. Great apprehen-
sions were also at one time entertained for Mr. Bur.
der's Meeting.hoose,which backs the premises of Mr.
sida. About four o'clock, however, the firemen
Wad succeeded in subduing the flames, and that popu-
lous neighhow hood was happily relieved from the ter-
ror of conflagration. Mr. S.'s loss is already estimated
at upwards of 10001. Volumes of mingled smoke
and Qam• were observed at SOON distance from the
ems of destruction.

Nsw MILITARY HOSPITALe.,TIMICIP is POW sag-
&event Hospital boildisig in tbo Maissoy Park, solely
Wended for soldiers sleeted wit k Optbsismiot sod

A farmer in Souterettshire died lately, leaving pro-
perty to the amount of 20,0001. and a wardrobe
whilst, was valued at too shillings and sixpence!
/WM? SINECURSI.—.Sit DA♦ID LINDSAY, ell
old Scots poet, was a man of both courage and wit.
The Kin being one day surrounded by a numerous
train of Nobility and Prelates, ItousAu approach•
ed film with due reverence, ■nd began to prefer an
humble Petition, that he would instal him in an
office that was then vacant. 64 I have," said he,
4; servit your Grace tang, and luck to bit rewardit as
others are : and now your insister taylor, at the
pleasure of God, is depute', therefore I would de.
,sire of your Grace to bestow this little benefite upon
me." The King replied, that he was amazed at such
a request f►om a man that could neither shape nor
sew.—." Sir," rejoined the poet, '6 that makes use
matter ; for you have given Bishoprics and Benefices
to moray standing here about you, and yet they can
nouther teach nor reach ; and why may not I as
well be your taytot, thoeht I can neither shape nor
:sew ? seeing teaching and preaching are nae less re.
quisite to•their eoCation) Urn shapi,,g Ind sewing to
one ta) tor." •