The Statesman.
London, England, 1818-08-29 00:00:00

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• - L AM:AS*IMM • ASS IZCS, Ado. 24. • • ,
• Mr. Baron Worm left Lancaster yeeterday morn-
ing. Before his departure he rep-dived all 'the convicts
condemned to death. It is rensirked as new and
estraordinery that none should be left in Laucasler
for execution;
MARSDEN D. BRADSHAW AND OTHERS.
This is a Special Jury eaule respecting the right of
fishery nu the Lime, which runs thiough Lancaster.'
The muster of witnesses on both side's •thieatenti
unusually long continuance of .the trial, it least
two days, and it is therefore to be Aistrleat ttied ea
the list. —II le4lo-=.l. - '
Mr. TOPPING applied to biro tills one Need for
Friday. Before that thy he: hoped some arrange.
ments might be made by the whites. •4, l•
Mr. Justice BATLEY.YIYe Aid better fht 'Wait*
for Thursday. . , , I .
*: , Mr. TOPPING said, that be shoold peeler Friday'
$-Ile several persons ware to bawriuen too to •f, : r
i Iltiday was filed for thetrial. , •Ji •.,
t,::40 sputa AND .OMPTEIIII, Alletilitiel, V. 1100.411* 4 61
m freer !.;,talThIS was a question of debt arising fre a Imo •
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, eeptcy. The sum ie divots web 3501. Mistsil
„.; evidence was heard oa the subject, an objection was
raised to the record, which Mr. Littledale argued'
:,,t with classical 'elegance sad' force. The debt hga
been contrasted, but it had not becOme doe prel
eiously to. the bank reptcy, cemeqmotly the D.
fondant could not be said to have owed the teenryto,
the bankrupt, bet to hese in consequence of ,an-tin
(Geneva with the bankrupt biscome indebted to iii.
' assignees. The record set forth that the Defendant
bad been indebted to the bankrupt. On this point
the Defendant must lave got a verdict, bat it was
agreed to refer the case snits merits to Mr. Cross.
THACKEVAY V. BeetlIALL.
Mr. &Altura began to open this case, when he
was interrupted by a dispute as to the last reference,
the Attorney refusing to deliver tbe. brief to Mr.
Cross till he made some additions to it. His Lord-
ship was instantly for withdrawing the refereme, bet .
Mr. Sce rlett explained the difficulty, and confirmed
. the reference. lie then proceeded:—
It would be a happy thing if all causes were over
when they were over; hut, like a hero celebrated by
ea eminent poet, who killed a giant, and found at
once the deed revive again, and renew the combat—
it was Ariosto that told the tale.—The ceases there
were no sooner disposed of by a reference, than
their ghosts started up, and called for fresh combat.
—ln this case, the Plaintiff was an Officer and a
Gentleman. He lived in Asitten.under.Lioe. He
happened on the 29th of May to have gone into the
Crown inn there, when the Defendant treated him
• in a manner which has occasioned this action. It is
mopedy suggested to me that he could not have
beers in a temper to quarrel, for he had been ca.
turning from a charity concert, where his soot was
betrothed to soft sounds, and melted to deeds of charity.
, Mr. Brausalt thought proper to say to Mr. Wyche,
in allusion to Mr. Thackeral, "I don't care a d—n
for you or your-belly." An Officer, who would
tot resent language like this was not worthy of his
regimentals. Mr. Thackeray did resent it. Stand.
lug, as he,did there in a Court of Jestice, he could
not approve of a challenge to any personal combat.
But the Defendant would have no challenge bet toe
„battle by -bandycuffs. It certainly was no impute.
. tion upon the honour or the courage of his Client
, that inferior in size and strength u he was, be de-
r dined this contest. The Defendant said that he as.
saisted in paying the Plaintiff's half-pay. Now, re.
..,, Idly, without entering into any political questions,
• the Officers of our Army appeared to have dose
`their duty, and no Officer of spirit could bear sea 1
~language. The Defendant then pinioned him epigram!
. the wall, and applied the most opprobrious terms to
the Plaintiff. Finding that be had no other means
of redress, the Plaintiff has been obliged to apply
~ to you, Gentlemen, not for damages, for that is
not his object, but for satisfaction to his insulted
• . bonour. An apology, even at this moment, would
be accepted.
Mr. Topeme would'agree to a verbal apology, but
would not consent to pay the espeuces.
The trial therefore went on.
Joel Ilaakhere came into the Crown Inn in Ash-
ton.under. Line on the 29th of May, together with
Mr. Thackeray, a half-pay officer in the army. The
landlord was writing while Mr. Braman was saying,
es if dictating, "a fair trotting match." Mr. Wyche
was sitting with them. Mr. Thackeray sat beside
Wyche, and began a whispering conversation. Mr.
Wyche refused to sign the paper. Mr. Braman ad.
, dressed him :—" You are a tl—d Peppy ; I'll knock
your head and your potty's together." He did not
know what batty meant. Mr. Thackeray asked if
he meant him, and called for an explanation, which
Mr. Unwell refused, bet only by doing what be bad
said (knocking their heads together). Mr. Thackeray
said, " Give me leave to tell, you, you are a d— d
impertinent puppy." After reciprocal terms Of
abuse, Mr. Braman said, " What are you? You
-ere only a balf.pay diem, and Insist In paylog you ;"
end he threatened to tlierck bibs down, if ke'dftt not
explain what he bad said; be the, kneeled his hat
off. Hard language was again resumed on both sides.
The Plaintiff again called bins an impertinent poppy,
cod said, if be could swallow that he might swallow
any thing. The Defendant threatened to pat him
out of the room, and reared him up against the Wall.
The Defendant is stout and mach the stronger man.
lie tore the Plaintiff's shire. The Plaintiftcornplaind;
that he had been throttled. 1
On his cross-esamintion by Mr". TOPPING, he said'
it was about one in the morning. The Plaintiff was
not quite sober ; the Defendant was worse. Betty
mesa a kind of assistant. " Monkey, puppy,
poltroon," were said end nagged. Ile could not
say as to " blackguard." They did not sit above
an hour and a half. It was all ale they drank.
Mr. Tomtits, in bin eddies' to the Jury, said,
that no Court or Jury were ever insulted by a cause
so frivolous, so perfectly ridiculous. lie called upon
them to discourage such applications for damages, by
giving their verdict for the Defendant, or at least by
giving one farthing damages. Whether this Gentle-
man was in-the army or not, he knew not :it was not
in proof before them. .
Verdict for the Plaintiff.—Damages One Farthing.
Costs One Farthing.
Mr. Jostle* BAYLei.—Gentlement you hue
'tend a very proper estimate.

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