The Statesman.
London, England, 1818-08-19 00:00:00

'CIE sTATEsmAbr: •

the ligaments strained. Ile lied seen- her It times;
the is not recovered, and it was his opinion she
never would recover.
Ferthe Defendant, several witnesses were called,
who deposed that the coach was going at its usual
ram when the accident happened, about seven n►iles
an hour, and that the accident was entirely owing to
the hole in the rued, which being filled with water
could not he .perceived by the driver.
The coachmen swore that it was impossible to
avoid the rut; that there were nine passengers and a
child outside, five inside. plaintiff was taken to the
inn. She sent for witness •bout a fortnight after.
wards. He went into her bed-room, when she or-
dered a glass of rum and water for him, and said,
" Coachman, do not put yourself out of the way,
there is no charge against you, the coach, nor the
horses. I feel more for you than myself. I shall
never raped' any thing from you, nor from the pro-
prietors. It was a mere accident."
Mrs. Hill, wife of one of the Defendants, said,
that three month. after the accident, she had called
upon the Plaintiff, who said to her, that " she was
very sorry the accident had happened; but no blame
could he attached to the coachman, nor did she in-'
teud to bring an action."
The Learned Juoue, in summing up the evidence,
remarked on the improbability of the testimony of
the too last witnesses.
The Jury 'retired, end after deliberating about
half an hour, returned a verdict for the Plaintiff •••
k
ammages, 1501. The trial last sin hours.

WESTmo LAND .ASSIZES.

APPLEBY, AuG. 14.

•••••••=lm

' CROWN SIDE.
CONTESTED ELECTION.
Mr. Justice BAYLEY sat in the Crown Court this
morning, and tried the only remaining case in the
Calendar.
Richard Cumpslon, against whom no bill was
found for the riot, was tried for a common assault.
It *its prtived in evidence, that on the 6th of July
(the slight-of the election tumult) the windows of the
Commercial lon had been broken. A number of
special constables rushed out, the crowd ran away,
bet Compston struck Thomas Wilson, a special con.
stable. Compston was pursued, knocked down,and
taken.
Mr. LAME, in his address to the Jury, said that this
case had been the only one brought before them
arising from the late contested election. In every
election, hundreds of cases of assault occurred much
more serious than this trumpery case. It was quite
unworthy of the attention of that Court, and ought
to have been tried, if tried at all, hefore'the Sessions.
Were all The cases of that description that had oc-
curred to he brought to that Court, the Assizes
should have been, not for two dip, but for two
weeks.
The Prisoner was found Guilty.
Mr. Justice BAYLEY, before passing judgment,
Amid that, but for the mention of it by the Defend-
at's Counsel, he should not have known that it had
been an election tumult. It appeared thus that the
Defendant had been acting as a partizan. " Have
those whose cause you supported, or whose parti-
zan you were, come forward to protect you ? Have
they offered hail for you ? They have most proper-
' IY left you to suffer the consequences of your mis-
Conduct. , They must be pleased to see such violence
duly punished. It is quite indispensable that such
proceedings should be repressed by the interference
of public justice. I am sorry that you must be the
individual tube puniahed, hut it is necessary that
you be'rOade an ezemple to.deter others from similar
conduct. What would have been your own feelings
if your blow, struck at a person who never injured
ne, and who was properly discharging his duty,
had made him languish in sickness for days ? What
would have been your feelings had the blow been
_ _

fatal ?"
lie was condemned to siz months' imprisonment.
File persons, Witted for a riot at the same time,
• hailed till nest Assizes.

wera
George Rarrsthorn, convicted of cotton stealing,
had been last night sentenced tn imprisonment for 12
months ; James Keotrn, convicted_ of having counter-
feit coin, on imprisonment for the same period ; and
Thomas Thornton, convicted of manslaughter, to

imprisonment for nine months.
Mr. Justice BAYLET has jest left the Court at 10
o'clock.

CIVIL SIDE.
CONTESTED ELECTION.
lIIND V. JOIIVSTONV.
At the very time at which Cumpston was tried in
the Crown Court, Johnstone was defending an ac-
tion of damages for au assault, in the Nisi Prigs:
Court.

Mr. Halms conducted the Plaintiff's case. Thto
Plaintiff, Robert Hind, familiarly known by the
term Nob, is lown•crier and auctioneer in Kendal.—
On the 48th of March last, he, and seven or eight
others, were drinking in the Commercial Inn at
Kendal. Thompson, one -of the party, was express-
ing his disapprobation of the violent publications of
the Blues. The Plaintiff, who was a blue, said the
publications entitled to were nothing to the Irish let.
ter, signed by " Hell and Brimstone," meaning
Messrs. Fell and Johnstone (the Defendant), attor.
nies at Kendal. At that moment Johnstone came in,
and hearing the last expression, struck the Plaintiff
a blow on the cheek. The witnesses said, that the
hand was closed, and that the blow was forcible.—
The Plaintiff said, 66 Is that you, Johnstone; bet.
ter fours. to pay your debt." The Plaintiff again
repeated the expression 64 Hell and brimstone," and
"the Defendant repeated his blow. The Plaintiff
offered to rise to fight him, but he was prevented.—
Some further words occurred, and a third blow was
attack. The Plaintiff had • awoln cheek and blood.
shot )j e in consequence.
Mr.ScAttr.rrr. addressed the Jury for the Defend.
ant.—Never had be hea'rd even his Learned Friend,
whose ingineity was so well known, attempt it,
magnify a mere facetious squabble into ft serious es.'
smolt, as he had donein the present instance. It was,
in fact, an attempt to work upon their political feel.
Ingo, still vibrating to late events, in order to obtain
from' Mr. Johnstone. a sum of money in damages
for Bob Hind. Mr. Johatteee) had eared very little

whether Bob wai's Blue or a'YeilowAiad cleietlY
attended to his duties in other respects, Mr. John-
stone had never enquired what politics he, fasn.nmis
in his office as crier, in his jokes at auctions,or in
any other department of his profession, 13;dt, hod'-.
ever, complained that his cheek had been swolo and
his eye had been blood.shoi.—(The Plaiptiff at this
moment sat directly opposite to . Mr. Sdarlelts
Olio
had his back to the light. The Plaintiff is remark-
ably stout, and his, ece,is ttelkittgly ru 'd) and fat.)
-41ob's fece,whici,now Alines °pots me as ardently
as the sun did yest,ecrjaneeldently, exhibits a swelling
which no blows conferred. It is not, to be sumo
the effect, of nature, if it were it would be very ami.
able; it seems to have resulted from much art and,
study. Hie eye too is used upon me with a lustre
that savours, I wo'ot say of being blond.shot, but of
the eshalations of strong ale.—(Much laughter.)-
Now at the time when Bob's face seemed s*nln
.ane
his eye blood-shot, it is almost certain thit Bob had
only drank largely of ale, or, perhaps, of wine, for
wine is sometimes given on occasion of Elections, but
if he were really struck seriously and injured, oh-.
serve the circumstances in Which it was done. He
had been bestowing the term of reproach 46 Hell and
Brimstone" upon those very respectable young men,
Pell and Johnstone. At that moment Mr. John-
.)
stone entered, and most naturally repelled the insult
by an admonition from his joi9d,, Consider, Gentle.
men, the odious namesapplied, and you cannot won.
der at this. hell! You new bell to he a very had
thing indeed. Wkit Getiklemen could endure that
term ? Then, tniesstone suggests a certain consagi-
ous matter which 'every delicate feeling revolts at.—
Could Gentlemen, attornies, bear the imputation of
meddling with brimstone? Cuspid those whose study
it is to get clients by the, hand, suffer it to be said that
they had the itch ? On receiving this provocation, then
Mr. Johnstone applied his hand. It could not be seen
to he closed, for his coat must have cogered it.—
What does Bob do upon this'? Is he highly offended,
end does he remonstrate? Nothing of the kind. 44 114
that you, Johnstone ?" he familiarly and jocularly
exclaims, " l'ay your hill." What has .his to do with
a blow or an injury ? Mr. Johnstone " I'll
chastise any man who applies the terms and
brimstone' to us." "0, done," replies the auc-
tioneer, and immediately repeats," brim-
stone,',' Gentlemen. Here was a regular bargain,
the one selling his foul terms—the other paying the
chastisement. How can this be celled as assault ?
But what hays Bob next ? " Mallow you to strike
as often as you like, if you pay me my bill." Mr..
Johnstone offered to go up stairs, and to pay. This
then was a regular agreement, and it is a breach of
faith to complain of its pet fornisnces. Bob received
no insult, and he suffered on injury. • Yew hear of
no doctor sent for. Gentlemen, if you give youi
verdict for the Plaintiff, the only question *witli'yoU
must be, whether to give a shilling or a farthing of
damages.
Mr. Baron Woo summed up the evidence, and
was decidedly of opinion that the assault was-proved,
and the only question for the Jury was the anivoit
of damages. Verdict for the Plaintiff —D4ma.ges t.

A qoestion respecting the right of way through tw
farms, the property of Lord •rh,tnet, was neat dis-
cus•od. A itutehtir of old witnesses were leald for
the Plaintitrg, the tenants of the grounds, and
so strong a case against the right .of public ~way,
that the Counsel for the Defendant gave in at, three
o'clock.
Thus the Assizes terminated. Both the Judges
set off from the Castle towards Lancaster to. morrow
morning at six. •