The Statesman.
London, England, 1821-12-17 00:00:00

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LAW INTELLIfiENCE.

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COURT OP KING'S BENCH, Day. 17,
'WINSTON V. .I.OIIIOP.
This was an action against the defendant for an
alleged assault and battery. The defendant pleaded
first the general issue, not Guilty, and *scowl son es-

guilt dessesee.
The plaintirs cue was conducted byMr. Scums-tit
and Mr. J. WILLIAus ; and the defendant's by the
SOLICITOR-01110tRAL. Mr. CASIIIIIRD and Mr. ADOL-

The plaintiffs case was in subtilise'. this
May last, whoa bis Majesty visited Diary-lane,
• tie, of which the plaintiff is Stage Manager, orders
had been given to keep the lobbies clear of sttan-
gers during his Majesty's entrance into and depar-
tore from the Theatre. The defendant, who is pro-
praetor of the Coburg Theatre, and one of hi
i Ma-
jesty's hoooerable Band of Pensioners, being n at-
tesdance on his Majesty on that occasion, had sent
bis owe servant to • the theatre to wait for him in
case he should be wanted. The servant having 55a-
-taoerna himself in one of the lobbies, the plaintiff, in
obedience to the instructions he bad received, desired
.Mm to withdraw, using an expression, as was alleged
by the defendant, of an offensive nature, which heist
-commusicated W the defendant, he determined to re-
vet 4 it on the arst occasion of his moodier the plain-
'tiff. It improved in evidence, that the defendant on
'the 11th of May, two days after his Majesty bad been
at the theatre, called at the stagedeor, and inquired
. whether the plaintiff was in the house. He was in-
'fOrmed that he was, and an offer was made to bring
lir:Winston to him, but the defendant said be did not
Want him then ; be, however, wished I. know at what
hoar the plaintiff usually left the theatre to go to din-
ner. He was informed that he was a very pesetasl
wan, and that be geierally left the house about ten
:Mantes before four o'clock. This was about 12 o'clock,
and about 20 minutes before four in the afternoon
of the same day, the defendant stationed himself
with *a horsewhip in his band at a hatter's shop,
nearly opposite the stage dsor in Little Drury-
lane, to wait for Mr. Winstos'e exit from the theatre.
At four o'clock the plaintiff came into the street for
the purpose of going to dinner, when the defendant in-
%giddy crossed over and began to horsewhip the plain-
tiff, giving him several blows across the shoal:len.—
The plaintiff, who is an elderly gentleman, and ra-
ther low in stature, held up his walking cane to ward
Off the blows, upon which the defendant, who was
Mated to be a Gentleman between 34 and 35 years
of age, of a powerful frame of body, and greatly se-
pekor in strength to the plaintiff, changed the whip
o the left hand.. and with his right hand, struck the
plaintiff a violent blow on the face, which blackened
both his eyes. One of the spectators interposed, and
remonstrated With Mr. Glossop upon the cruelty of
Ito treating a man so much inferior to him in size. The
defendant immediately said that the plaintiff bad in-
sulted his (Mr. Glossop's) servant, and had turned him
out of the lobby of the theatre, using the expression,
4' turn out the lamplighter." In continuation, he said
that he_ would boriewhip Mr. Winston wherever be
met him, and adding", now you shall see," and re-
amed the 'use orate whip, auditing the pialetiff several
additional blows. The parties then separated. One
witness said, that Mr. Olosop in addressing the plain-
tiff, observed " know that my servant is a Gentleman,
but you are a scoundrel and a blackguard," or words
to that effect. It did not appear that Mr. Winston
had given the defendant any provocation at the time
this outrage was committed, nor was there any evidence
of any previous cause of offence.
The Souctsoa OZNIRAL addressed the Jury on
behalf of the defendant, and admitted that they must
find a verdict against the defendant, and the only
question for them to consider was the amount of their
damages. In considering that question, they must
take into account the rational probability that Mr.
Glossop had received some gross insult to justify the
intemperance into which he had been betrayed ; for it
was hardly to be believed that he could act in the man-
ner proved without some adequate cause. The fact
was. that a gross insult had been conveyed from Mr.
Winston to Mr. Glossop, through the servant of the
latter; and instead of treating it with the contempt it
deserved, he was imprudently betrayed into this per-
sonal conflict. It was clear that be did not mean to
do Air. Winston any personal injury, for be had only
chastised him with a lady's horsewhip, and thereby
only meaning to express his sense of the insult he had
received. The blow, which be afterwards gave, was
provoked, as he was instructed, by the plaintiff having
used his walking-stick in his defence. The defendant,
however, must submit to a verdict ; and the Jury would
take all the circumstances into their consideration.
The LORD CHM JusTice summed up the case for
the Jury, and said it was an assault attended with cir-
cumstances of considerable aggravation. The plaintiff
was clearly entitled to a verdict, and they would give
him such reasonable anJ temperate damages (in the
absence of all vindictive feeling) as the justice of the
case demanded.
The Juri, after a short deliberation returned a ver-
dict, 1501. damages, 40s. costs.
COURT OF COMMON PLEAS, Dec. 15.

VOMMLL, GENT. D. CAMPBELL.
Mr. PLATT opened the pleadings, from which it ap-
peared that this was an action brought by the plaintiff,
an attorney, against the defendant, one of the clerks
in the Customhouse, for driving his chaise against that
of the plaintiff, and thereby injuring the plaintiff's
wife. The damages were laid at Mi. and the defend-
ant bad pleaded not guilty.
Mr. Serjeant PELL stated the case to the Jnry.
i*lr. l,ee Thomas, a Surgeon, who was called in to
attend .ors. Fowe;l after the accident, stated that the
injury was so great that a mortification appeared likely
to follow ; the injury arose from one of the wheels
having gone over the right leg of Mrs. Fuwell ; her
health suffered considerably.
Richard Neale, a fruiteter, residing in the City
Road, proved that on the evening in question, he had
seen Mr. Boswell coming into London, at the rate of
six or seven miles an hoar; the road was about 41
fact broad I the defendant was going towards Penton-
vide at the same time ; he was not then whipping his
pulley at a furious rate; plaintiff was en the left side,
within two or three feet of the path; defendant was
cu.4.ing from town on the same side, but nearer to the