The Statesman.
London, England, 1818-11-23 00:00:00

The Court granted a Rule to glow close, and di.
vetted that both cases shosld be brooght on together.
SECONDARIES' OFFICE,...COLESIAN•STREET,

.• - ',Nal. r- : - • - -
. A..... v. stater.
The , Defendant, who it Lard Spencer's game-
keeper, was tried et tkelest Kingston Assizes, midst
Lord Ellenberough's Act, for shooting at and
woivading the preseet Plaintiff, on the high road be-
teeen Wimhiedou sod Loudon, upon which he was
acquitted. The Plaintiff subsequently brought an
'action for the injary be had sustained in consequence
. ralr..tle Defendant wantonly shrfoiing at him, upon
',filch the Defends otsuffered judgment to go by de-
,i kilt; and .the ioquisitiod uponthe writ of enquiry was
taken to assessibrtderoages, before William Culling.
ridge, Erg. the-Secondary of London, and a Jury
"impenelled upon the occasion.
. •Williaos, Purday being sworn, stated as follows :
--" I was..arith the Plaintiff on {he night of the 17th
of Februirt lasi, near Wimbledon; it was a moon-
light night; a Mil named Wilkins was with oa; I
first saw the Defendant, Allen, near the Green Mau,
Wimbledon, and a roan was with him.; they 'fallow-,
ed us about a mile and a quarter helve they inter-
rupted us ; Allen Gist stepped up to ua, and. put Iris
gun across oar breasts, and told us to stop; I iieg-
ged his pArdon, and attempted to go on ;, Alien then
said, 6 I have a suspicion (hat you are going a poach-
ing ;' I told him if be had such a suspicion of me,
that I would willingly be searched.. 'Allen then rais-
ed his gun and let us. ass ; he, lifted his gun-barrel
over oer heads ; Allen then 'timed round end said
to the Plaintiff, ' Brown, you are the poaching ray.
cal-1 want ; you have been pounds out of my way,
and I will blow a hole Omagh you.' Brown re-
plied that he would 'be searclied•there, or go down to
Wandsworth and be eearthed: Browo put a basket
dowo on die ground, and told Allen that he would
be stripped named if he'liad 114 suspicions of 'him.
Allen kept marmeuvring about Brown, and said he
wrinilitslutot hint, and not search him. I walked on
-Vlittleirily; Allen pushed hard with the muzzle of
ids OW ,against` 'Brown's breast, and pinned him
.-fgeagainst ilie-pallngi.:, It was a double-barrel gun.--
. l Ere we w t wiled me aiai I said, Htollll, COMP along.
.*
. MI. ' ioplfesl, 'that bOokleedd not. Usaid to Briewo,
a
it. Wen) is toletatokinboot, let him stib*ot._ t
' then came down into the road, ',tut tee his
' gat lite tittretriaaltist .`ere, aqd swore tbat,.lf I moved
a fount he woeld big" a hote through me.iViille he was
thus ittsclitng rae, he cocked both the locktiOf biz,gue.
Brow a etepped over a stile into a comma*. foot•pirtie,•
which leads to'Putney. As Brown got orer the irate,
Alletvattempted to atop him, bat did not seeceed.—
Allen 'then' levelled his gun at Brown; I did.not
think be meant .to shoot' him. Allen, however,
swore,. anti putted tifirtuggers( his gun, and as the
enntenie of one of lbegskw.barrels lodged in the body
of Brown, he fell folk, voemd, and tailed to,inei
seemingly in great pain, "4 Purday, lam she: I.
then attempted to get over the gate, but Allen would
not let me ; he said, 4if you move another step,
I'll biww a hole through you with the other bar-
rel. You recollect *my gun shouts Wee, and I'll
shoot /on:"
Joseph.' Waitleibeing sworn, stated ac fellows :
" I am -a jobbing gardener. I tad been between
(.I.e4m and Sutton for a job of trenching, on the
17;11 of Pet:teary, and fount!theta. were as mini
bagels as colloid be employed. - I snot Porday and
Brown between nine aid tea ''he Putney-hill. We
. walked together. anti met Alien near the Green
Man, Wimbledon. Theflid each other good night.
—Alien followed these neatly a miler It was not

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ten o'clock, bet - near it. Allen came
4

acruss the road, and said, (I think you have got
something.' "
COMMON Smsawr.—There is no necessity for
this lams to go into all the details of the first evi-
dence. I admit that th 6 Defendak shot the Plaintiff.
*lll ask him if Porday told the troth in the whole
of his relation ?

Witness.—All be has stated is tree:
the Plaintiff end Payday said they were goiter to
the George public-house at Wandsworth. whew I
met themt and not to snare Rune. J. took a walk
with them. I did not walk with the Plaintiff on the
seat day 'at all. I believe he kept his bed at that
tittle, And a long time after.
Cnustom SERJEANT.-►llad Porde,' any stick ?
Witness.-1 think he bad a little switch stick. No
violence was offered to Allen. On the cuntrag, be
alone acted with violence ; I believe he was in liquor
at the ffine.

Dr. Simmons deposed as follows :—" I @gambled
the Plaintiff a short time after he was shot, and found
he was dreadfully wounded. A great' number of
shots were in his knee, leg, and thigh. I hoped it
would not prove fatal; but I had great apprehensions
at the time that it might. I never sew the Plaintiff
after that night. till saw him on the trial at King-
ston ; he then limped, which was no doubt the con-
sequence of the injury he received by being shot ; I
believe the limping was not affected ; it was the pro-
bable effect of the injury in his thigh ; I think for a
labouring man such an injury would prove highly
prejudicial' to him in his employment, and of more se-
rious consequence than to a person whose eccepation
was of a different and lighter description."
Mr. Joseph Hillier, the father-in-law of the Plain.
tiff, proved that the Plaintiff had suffered eight or
nine weeks' serious indisposition from the injury be
received when he was shot, and be was not able to
do any work for twelve weeks.
The SECONDARY summed op, the evidence very
minutely. Ile inveighed against the atrocious con-
duct of the Defendant, and recommended the Jury
to give such fair and moderate damages as they should
be of opinion, after a dispassionate review of the facts
which had been detailed in evidence, the justice of
the case required.
The Jury retired for a short time, and gave a ver-
dict—Damages, 501. and costs.