The Statesman.
London, England, 1809-12-02 00:00:00

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COURT OF /UNITS SUCH.

Pridatv, Dec. f.
ToLTXT V. no LT, AND Tn E fAINIII7II. sTAAIIII6i.
These, were oitions for eiganlts ; the pakies are
back ney-. cos eh ; quarrelled and) ftmeglit In Pic.
caddy ; 'the Defeadants coMmenced the eviiitott,
and vArilicts were given fur the Plaintiff. Damages
40s. ut each rouge, evidently fur the (stitpose of
earryiN custS, that being the object of hie Jo 0)
in s•sell of the too eases* for they asked hoed
EtAcasoacioon how much wuntd carry costs
His toletheat, they were tu consider the
quantom of damages, and assess them by the mea-
sure of itsjory which the Plaintiff had sustained,
with?Nt recarenee to costs ; that costs following a
verdict, wee not for their consideration ; it was
the consequence of law arising out of the fact, as
they shook! find it, either to carry costs, or not
to carry costs, amt that Ica goverded in actions
for damages by the amount of damages ; but, Ic.
gaily speaking, the Jury .wereuely so consider the
injury done to the Plaintiff, without mixing with
It thd Consideration of costa, which was a mere
censicuence of law.

Stf ‘W 0. envvr.t.
Mr. (1 a ILIUM Stated 'hit to be an action for an
assault also, hilt of a more aggravated nature
than the two which preceded it. The Plaintiff
was a greets-grocer, residing in the neighbourhood
of Wissitmfft.streef, Tottenham-court-road. The
DeMsdaut Cate to the Plaintltrs house, and made
•a great distarbaocc there, and inflicted sot his per.
son *severe injnry. The Defendant followed a
person of the Dame of Barton into the Plaintiff's
halite, alfrging, that the bundle which Borten had
mulch' his *On, teas stolen by him ; whereas the,
bond,* teal made up of a parcel of books, which
110i10.% had that day bonght and paid for, and
offeriif to shoe the bill of parcels; bat that wools!
not do, thn4Defendint was debwmined on fighting
someloridy ; declare:lbis readiness to fight all who
were in the hosts,: ; Burton having passed the Do.
fessepsnt anti ast•olter in the street ; thought by
the/ i look that they *anted to rob him, as they
folitiwkl him; his tan into this house for protect.
Hun; and the Defendant followed him ; when • they
entered, • the •*Defetitlant desired them, both to go
'toe; the street, aridltettle 'their dispute, and nut to
soado his bodge the met of riot and confusion,
and'thert pit his ludid lihttly on the Defendant,
dpi in't Mm to go hut, *hen the Defendant as-
saultidlfte`Olalntiff, and 111-trusted hint shame-
fully. they ealled for a eonstable, and then the
Defehdait said he Was w constable, and then he
prodteed his stiff of office.: No- matter whether
be was a constable or nut ; be had ne right to
cunonit assaults if he was a constable ; nor to
appreheltd any body; without the authority ofs'a
Magistrate, except upon a charge of felony,which
he hid not, fur there was no pretente of styiug,
• that the pater! which Burton hail under hi. arm
was stolen. There was, therefore, no pretence
for this .iiuteisce, and the Jury would make the
Defintdarit pay for it ; the only question would
b , what Should be the amount of the damages in
this case.
William Shaw, the Plaintiff's father, said, ho
live.l in his son's house, that between seven and
eight o'clock in the evening of the Rd of Nov.
last, he saw a parson of the name of Burton
come into the house, while he. the witness, was
sitting quietly by the fireside, with the family
ainusing themselves: suddenly they beent a vio-
lent rush of si erson lute the shop. Toe Plaintiff
went to the door, and demanded the muse of it ;
.mother rti%heil in after him; the man whip came
bust, plice.l his back to the counter, the Plain-
tiff asked him what he wanted, he said that he
wet ptirued by two men, whion, he r,f,
were going to rob him, on which th: Plaintiff
turned room!, and the second man who casts
in
said, 66 D—n your eyes—rob you, hey ?---4 say,
rob yoto."—On which the Plaintiff' took this per-
suntra:ly by the situ) said, 66 You are both
strangers to me; I know nothing of your business,
go and settle it in the street, and do not disturb
me in my house." He, do Defendant, ismeetli,
may said, " I)-'h your house, I wilt go where I
pietism ;" the Plaintiff desired him to walk out,
and a scuffle ensutA ; the Defendant, with an oath,
• sal." You shall not turn nie out, I will go
'dere I please." The Plaintiff said, 64 Is there no
Catttable to he got?" On which Burton, the
matt who eame in lint, went out to call " Watch!"
and said he would find a Constable, on which ihe
Dtfendent slut:lied the Plaintiff, and they had a
tueset toother. Another came and asked 64 What
was the matter?" on which the Plaintiff said,
"See how he has used me in my own house; what
a Mei he has given me." The witness did nut
see thellits* given. Ice was in another room, but
the tussal, and ha heard the blow ; he
theca as loudly as he could for a Constable.
q't' Dtifendont, who then wood in the passage,
said, lam a Constable of •Mary-10-buene," and I
pulled out his staff; on which the witness told him
he was not 'then in Mary-le.honne but St. Pancras
plitish:- We then stripped and asked the Plaintiff
if would fight ; " D---n your eyes, will you
COI ?" Ithttlisg himself in a lighting attitude ; put
Mt fist tis thenitness, a feeble old man. " D.--n
your eyes, are you 4ightable ; I will lick you all
four, or a whole room full of you." By this
tine a mob of swim a hundred people had col-
acted at the door,/ in comsequenco of thin trio.
knee sum noise. Tile Plaintiff pet his Inuid up to
his eye, on which was the mark of a violent
blow, and there was besides, a wooed on his
heed, the blood running clown his back. The
witness then west assay, being feeble and afraid.
Crees-esamixed be Mr. JARVIS, be said that
both Plaintirs and Defeadaak's clothes were turu
its this stoat.
Richard Bartow, a dealer in books, gave an
aeconsit of his having bought a parcel of- books
on the day Is qoestion„ and of his passing the
Difienthoft and milker Is the street. Suppeeting
this they wattled to rob him, •he ran for shelter
Into the Pianfirs house, whither the Defendant
followed him. He corroborated the other st Boast
as to the assault, and added, that *hut the story
was related at Illiaillortimh-street roliee-oiSce,