Summer Assizes.
The Times, 1824-08-14T00:00:00

'The assizes for the county of Norfolk commenced at Norwich this day. In the city and county together, there are 50 prisoners, most of them for sliglht offences; one man for rape, and one for manslaughter. Twenty causes are enitered at Nis-i Prius; 13 tor the county, and 7 for the city. The loitD CHt IEF BAROY sat in the Civil Court, aznd iMr. Justice GASELEE took the Crowni side. Thtis was an action brought by the plaintiff, a clergyman, and a genitleman of fortunr, to trv his exclusive .ight to a pewv in the clhurch of the parish of Funrdenhall. Milr. H. CooPEIt shortly stated, that both the parties in the case werc persons of high respectability; the action was brought merely to determinea question of right. There was a particular pew in the chturch of Fundenhall parish, to which the plaintiff claimed an ex- clusive title, in right of a certain house whiclt he occupied in that parish. The defentlant, who occupied anotlter house in the parish, denied the goodniess of that right; and (after notice) resisted the plaintiff in the enjoyment of it. Mr. Hloward had no objection to letting Mr. Hov/es use part of his pew a, a matter of favour, but any claim set up in right of the house whicli MIr. Ilowes lived in, he (Mllr. Ilowar(c) was bound to resist, because itis act on the pre. sent occasion might be held binding against hint hereafter; and though the present defendant was a gentleman whose company could not be objected to, the next tenant of the mansion he occupied might not happ en to beso desirable a neighbour. Mr. Cooper added, that he should prove in evidence that the plaintiff-and he alone-had constantly repaired and upheld the pew in question ; and that it had been exclusively possessec., without dispute, for nearly a hundred fears, by himself and tite persons who before him itad held the louse in which he niow resided. A great nuinber of the oldest (and deafest) aniong the people of Funtlenhall were then called to give evidence as to the antiquity of the plaintiff's nght. They stated that a portion of the pewv in ques- tuti had been frequently used by persons living in the house wvhicil now belonged to the defenidant; but this use was alleged to have been with the licence always of the plaintiff, or of those who (before him) had occupied his mansion. Certain repairs to this pew were also proved to have been done at different times under the order of Mr. Howard, the bill for the same being made out (the payment was not proved) to him. In particular, on one occasion, a pole-cat had got under the floo. of the church, which ititruder was pulled out at the expense of tile plaintiff; new boards, green cloth, &c., being then applied to his pew, atiti the old ones carried away for his pri- vate tcse and berefit. Mr. Sergcant FRuREE (tbr the defendant) argued that the exclu- sive right of the plaintiff was by ino nicans proved. The question, however, was not at all a personal one, and affected rather the pro. prictors of the respective houses in question thani the gentlemetn who were, noininally, the parties in the case. The LORTD CIIEFBAItON said that the repairs proved wvere strong evidence of the Plaintiff's title. The jury would consider, however, whether the occasioaal use shownt of this pew by persons who occu- pied the house of the defendant, had or ha(d not been by the licence of Air. Hlowardl. The Jusy, after a few moments' consideration, rettertied a verdict for the plaintiff. ILEADER (SPINSTrER) V. 1s.OO>5, ESt. (Special Jitry.) Titis was an action for assault and battery. The question, like that on the foregoing case, was as to the sight to a church pew; but the parties did tiot'carry on their dispute with quite so mtici temper. The declaration set forth, that the tiefendant, on a certain day, to wit, the 31st of August, at Wells, had grievously, with his handls and feet, assaulted the plaititiff. To this, thedet'endant pleaded that he had a righit and title to a pew in the church of Wells, in which the plaintiff, on this 31st of August had made a disturbance. Far- therl he (the defendant) suggested that the plaintiff lIad first clap- perclawed him. The replication was, that the defendaist had no truth in these allegations; and that in beating the defendant, the plaintiff had acted de injzlia propria. Mr. ALDstusose, who opened the plaintiff's case, declared hitn- self at a loss to know why the defendant hadi given him an opportu- nity (for sucs a cause)ofaddressine a special jury, unleas hethought, perhaps, that the Esquires of Norfolk (whielh was paying bttt a cllmsy compliment to their gallantry) would be rmore inclined than its lain farmers to thtink lightly of a off ence committed against a fe- male. The case which lie had to open was one of a very extraordi- nary description; indeed, it woold be agreedt, perhaps, withouit much discussion, that a gentleman and a man ot fortunc striking and kickcing a female was not a consunimation either to be niet ivith or desired every day; buit if it shloul(l so happeti that there came out, in the course of the cause, circumstances conttected witli the defendant's conduct, so extravagant as to border usonr or amount to the ridiculous, the jury would repress their iticination to merriment, by recollecting the serious nature of thc injury for which they had to give reparation. The plaintiff, Mliss Reader, was a fancy dress-maker in Wells. She was a lady most respectable in her character, and comely, indeed, in her person; but, though it was a nice fact to touch, it v,as necessary to state it-she svas not a particularly young woman. For the defendant, MIr. Bloom, or Captain B oom,uveryibody must knovw him. It was iTiposaible to take up a county newspapet without hearing of Captain Bloom ! Mlember of such or gueh a club, at otte time*; steward of such or such a race, at another; giviiig suah or such a gala, with salvos of artillery, at the birth of this, or the other, eminent man's son * in short, Captain Blooti (wlierever he went) was a great mat ; and out of his greatness-much in itself, and in lis comnutation still mtsch inore-tbe pretent most unhappy difference between him and the plaintiff'had arisen. Fo' greatness-and the jury might have observed this-(and if there were any great men in the Court, they might take waining by the dicttnm)-greatness, at the best of times, was a * tickle thing to deal withal." It hardly ever hap- pened that any body ever became great (in a county-town especially) without very (soon beginning to quarrel swith all his neighbourA, either, who were not as great, or who tbascied that they were as great (for it did not matter much: which) as himself. And this unlucky appetite fbr quarrel, insc arable frorm greatness, it was, and nothing else which had led Dlr. Bloonm to assault Miss Reader, as he bad done-reinies aite relis-on the 31st ot Augqst_..in a manner and with a ferocity which he (the letarned Counsel almost doubted if lie slioultl be able to describe. Miss Reader Lid, until within a slsort timne since, enjoyed the relationship and aff'ectiois of an aunt named Gardner. ilrs. Gardner had iselds whlile she lived) a house in the towvn of Wells, to which house there belonged of right a churcii pew, adjoining the pew of tho defen4anr - and to that pew Mliss Reader (the plaintiff), being middle-aged, stnd serioualy given had delighted to go with her aunt on Sutii(ays for amnutement ana edification. But persotis could not go on goingr to church even for ever: in process of time, Dlrs. Gardner had ied In dying, she had bequeathed her house, and the rest of hier worldly goods, to her niece (the present plaintiff),and to a young gentlemati, that ladtvs brother; and these persons, who naturially supposed that having the houee whtich had given a right to the church pew, they had the pew itself nlso, were much surprised, on walking into what they thoutghst their own proper seats to hear their aunt's funeral ser- mon, to be told by the defendant, Air. Bloo n, that by a conveyance umade and executed two years before Mrs. Gardner's death, the pew into which they were proceeding had become the property of his son. Now, upon the title to this pew, it might be right to say, a suit was now penditig in the Ecclesiastical Court ; but, what- ever isight be the event,of that suit, whether favourable or unfavourable to tl,e defendant, no circumstances, no provocation (al- though, in fact, none had ever been offered to hitis), no excuse could justity or even palliate thic conduct he had pursued. The learned counsel then said, that he would shortly rtn through the details (precisely as they would he proved iH evidence) of the assault coin- mutted on the plaintiff. The pew affair--and certainly such a cause of diference was to be regrctted_s_the pew affair had conimenced the quarrel betweers theparties. Air. and Diiss Reader finding them- selves shut out, bsthvcrte of Mr Bloom' from their seat on the dlay ot'the'fperalserusop, Mr. R tader took tle precaution on the nsext Suriday, of going atalsosi befiore chusrchbegan, andialcing'pos. sgseion.MI'he defendast: war pozzledj 'when, raising himseIf up in his own, pzasv aud -lookinlg oier the partition of it-miuch as. a. cr taiucontderable personageatfipht be supposed to'look over Lincoln- h lists hlereaidy seatecd in torm heespn aso ~~ fulls'~~~ to Put hin end to the hopes of such ~e ssPtuos peeas e locked the pesc.door, putt the c intchs pokt,ad awe board to be nailed over it lin as maade ope iniMPOsNib'e. But the plinjtiffs- whatW ,e plainitiff' an e brorhe...they were resolute-they resolved to go again to cuc on thne next Suntlav, and to. try, by all.justiflpbte means, to get poes,e_ssoll of their rights ; and this very next Sundlay it was upon which an assut ha aenpac such as the ),jry itould find it almost imnpossible to believe the possi. bility of, rbe jury, however, Would hear that Mfr. Bloom went to chlurch on tlsat day thie moment the bell began to toll -that he bad mnounted a certain gallery..stair whiichi led to the dis-puted pew addt to his own, and stooct at the top like a Colossus arnied with a great piece of' wood, brandishing the same, and t?reateniina ruin to, all wlio nilh apptroach him, In tise meap time, Mlr. Robert Reader (the plaintiff"s brother), for reasons known to'himself, had dteemcd it pruident that, as thle staircase inust be ascended, Pl=er aux demcs Should be the word, anti his sister shouldt ascend it before binsi and this had been the respective position of the narties when the contest hadl c -mrncuced. Mvr. Bloom,' seeing the enemy approach, hailedI themn withi a tremendlous oaLth, andl a miost emphaLtic " No one shiall comie up, here." Aliss Reader treated these words but as idle w'ind, and forthwith cdimmence'd thie cscalade. Air. Blooma then took hioldl of Aliss Reader by the arm So roughll as to leave the miark of every finger he had in blue, green, and yellow impressions upon hier person ; and, finding this mea- sure, however severe, insuifficient to arrest her progre.ss, it was then that hie had resorted to suichi a course as certainly, in no simni- lar squabble, had ever before been heard off. Whetber it was that a sudden pisrensy hiad seized him, or that, thouigh it was so early in the morning, he had been undler the influence of' wine, hie hiad, ill shotiis hiand failing, to carry conviction..b.e liad triedi the efflict of his foot-he hiadl given IMiss Readclr two kicks, on sonie part of her person-he, the learned counsel, had not hlim. self seen the marks, but he should call a person before the july whio had) this violence hiad completely thlrown rhe la-di' off her balaince, and, biti for being caughit by her brothier (whio was behind her), -he wouldl have fallen dowvn stairs backwa-rds, the which (sa;id thie learn- ed counisel) sf'she biud done, leaven only knew what mnight not have been the consequence I Upon a statement of facts like thiis, it wax Im possible but that the jury must feel that the behiaviouir of the de- fend.tnt hiad been ouitrageous and unwarrantable. That the plaintiff had sustained moat serious injury, would be fully proved in evidence. He (M1Vr. Alderson) therefore sat dlown in thie confidence, tathywould give such a verdict as shouldi at once satisfy the jus- slo cet otfh Ye ease, anti the feelingsi of all the ladies (thecn a very c-on- siderable bodly) who had their eyes upon them, Robert Reader, the brother o h litf,si- ce h a ris cluici o Wels.Theway to my pew and ntv sister's is the same as to the tdefenidarit's-jnto a gallery, andl up ;Ome steps. I Went to chiurch with miy sister on the morning of thie 3lst of August; IandI went up stairs to the gallery, towards my pew-my sister going one step before me, WThen we got to the fooit of the stairs defen- dant was standing on the threshold of his. own pew, flouris?ting htis arms, and swearing " by G-d" that nolbody shou'd con,e up; ni.y sister Says "1 Never mind," but still wenit on: uponi which defendiant took h'is foot up andI kiciRed hier twice.; hie kicketl a thiird rimne at her,antd missed her, Thrit hie took hold of my s,ister's arm again, antI nipiped her ; she was all black and bluie when shec got, hiomie fromi ebtiitch, I advised her-saym I, " Go on," sts I ; and then he took m-e by thie throat, antI pulled'me right' awa"y. in-to his owit seat, and s-wore I should go on no fuirtier, After this, he rook tip a pIlank that he liad nailed our pew up with the Sunday before:. it was1 six f'f-t long, by an inch anti a half thiick. six inches wide,andl he swere he would' kitock me down withi it, and if' lie biach knocked me down, he wotltli ave killedi snc. if mv sNister had fallen down backwards, she would have fallent a miatter of eighit feet six inches. W1e stood in the church all tue service, anid went to a dloctor as we wvent home. Sister was very, ill.t shie is a c dressmaker, and could rot work, at her trade for a fortnight. While we stayed in the church,I kept givinig her hartshorn anid water, Cro;~,hiss-eamri,nedbc r.; C EaRguYour sister was very bad after ths ery poorly indleed, Did nothing at all for a, fortigt-nysc ahi satrfe of' " cuttingz ourt," ngt?Ol uhatigisati Now, dlidtt tot you and shec both go to Fakenhiam and( back-20 Miles-in a taxed-cars nextday?_1t was notataxedcars,itwasagig. l)id you go for your pleasuire ?-No;- we wyent to se'e a lawyer. Witness and t his sister went to church'half an hour before service began on the 31st of Auigust. As they walked alongi, they saw the defiendant going down before them, 'Iliev were going to talce posses. sioni oh'their property, which wsva the pe,& that defend'ant had nailed up. Thiey (lid not meani to get in by force, but thfey had a hamnmer atid chisel in the-ir pocket.' %Vitiess hail once clambered over 3Ir. ltootn's pete to get into that whiich "1 was his own." Hlis sister was 03; did not believe shie had clambered over. Thouight Alr. Blnoom seas flI years of age ; but never s1truck him fir-st. WVill voti swe,ar you did not claw this getttleniani's face until ithe blood ra'n down his; cravat ?-.No lie did it himiself w-ith thte plank hle took UP; it was roughi sawed, and it catched( himn by the nose as lie Went to hlit mne with it. The lparishi clerk was not by when thiis happened. Al womnan namned Spooner didI not see it. I ami sure site di(i nor, because I diIi not see her. Charles Cross, a young nian who was at WVells church on the day in uction, corrob'oratedI tie evidence of thec formner witness as to the kilceasreeived by the plaititifl', Hannah lVbiting (M,1iss IReader'st appirentice) bore witness that tier mnistress hail been black and blue. Mr. 11. CoopgR, for thte defendanit, treaiedI the cage as the miost trumrpery that liail ever been broughtinto a Court, and declared that he shiould contradict the evidence of Robert Reader, by credible wteesupon every mnaterial point. For any jokes oftil' lanif' leairned couinsel, as to the defendant's acti%viiy in the county, botii the learnedI gentleman and the plaintiff'were quite welcomne to the benefit of them ; but, for the"1 firing artillerv" at the birth of a son to a greait eotamoner, if it were meant thereby to cast anyv ridlicule upon suich a man as the party alluded to, (he imeant Mr.' Coke. of NJorf'olk), tile learned gentlem-an, hioweverfortunate the jest itself mnight be, had scarcely selected hiis topic for quizzing with his usual felicity. Mlr. AL.DERsox begged to say that he mieant to cast no ridlicule upion the gentlemian alluided to; and wouzld also take leave to ob- serve, thsat he was quite suire lie had never metitioned hfs, name. Mr. CoopEhm wtotsld then conic to rue mnerits of she case-if the term " merits" could properly be usedi in suchi a matter at all slid lie would ak the jury whethe'r thei' lad ever heard in all the course of their experience a. ease so ope-ned and so proved as that. re- liedi on bv the plaintiff: F'or (to begin) as 10 the quarrel ahottt thec pew, nothiingcotild be more facetious tItan thte account given of Ithat afliitr bty the"learricud counsel for thie platintiff. " A coniveyance," it was saiul, " appeared to hiave taken eiae two year-s befose :"-iiiat wasi, in piaiit English, the Pew whh thse vulcar people, the Read- ers, had hiat the imptutence to nmake a riot about, their auint h:td syold all her right anti title in it to the sen of the dlefendant, Then for the evidlence of the brother, Rober, Reader-could che m'tire give cretlit to it ? Didi titey believe thlat a wo:tan so snitch ht:.rt as not to be able to f'ollow iset work for a fortnight-and niot one word of proof that Was of medical proof) as so her being hiurt at all, htail been given-wo-ulti they believe that if 0he hail be-en hiur-t in the way- she described, she could, or wouldi, haive goite Jauntting in a taxed cairt, twenty mil)es, to Fakenhaini and back, as;slie hail doite on the next day ? Of a piece withi tii evidenice was Mr. Robert Readler's; pirecious declaration thiaL Mr. Blontn liad " struck himsielf" wi%h a piec,! otf plank, to itis very sctious injiur" it was as good almoist as isit of the Irish witrims lit the assault' ca'se. wtrito being tisked hiow' a certain miail's nose catine to be hit oRi', replied, that be (the suifferer) hail bitten it ofl timiself. Butt it was weasting tinle ~odeal with suceh allegations as lthese-let the jutry look at the probabilities af 'the ease. lVhatt likelihiood was there thazt a geit- tieman of fortune and hichi character-a gctt.tle Tian at the vems. arable age of cighity.ahould have mnaihe ueuli an assatilr as this upon a eal-.hotdd hiave publicly done an ,act whiich was to rover hiin for ever with disgr-ace? Why ithere was evidiene alreadly that the Pl aintitf andtl ler brothicr hadit gone to the church on the 31st 01' August, prepared for violence and riot. The defenilaur had done nio mnore thiait lie teas eiittiic(l to do in protectitng the righit of hiis son, by nailing tip the pew in question, anid these paiantiffis-for the case wa the case of bothl the Parties, site brothier and a pamrty to thec act swear. ing to a wrotig for the sister-tliese plaintiffs haid gone, by ttileir own accoulnt, with a lainmer and chiisel to de an set which tliey- had no righit to do-to break this pe-w open. Time truthiseas, thlat Al r, Bloom, in mnerely ordering the R eaders to keepi away front his sttats, hiad been assaulted ill a most outratge-ous manner by the teitness, Robert Rteader. Evidence WOuIld be called to prove thiis case, as; to whichi t[ilre couald be no imnpeachment, Witnesses would shoiw that tlitrc was not the slightesi atom of foundation for licensing .Mr. Bloom of that act whichi he would, feel disg~raeetd for life- if be could liave been guilty of. They wouild show, that the oitly blow which he had strttck had been directed at the Witniess Reader -,and even as to that circunist.anee, they wouldentitle him to the verdlict of the,j.ury, by, provilig that lie liad only acted (and after the mtost vio. letatack usade upon him) in his own defence, Elizabeth Sposiner, the pew, openor of N\Vclls chtircb, was thten called to contradict thete iviness Rea(ter. Site sail, thaitshe was at Wlells church on tite dav in question, andI saw thie scuffle between the two Readers and Ithedefendanit. WVhen thec defendant Wa,s stend. ing at the door of' his pew, the Dlaintiffand his sister cante ups, axd( defenudant c-alledi out to thiem not to comne wtere they hadl no busua- mess. They persisited in going on., and the defecndant lagain repeated his caution, Plaintiff's brother then was very abusive to Air. Bloomn ; lie collared hiiu,and struck him in the fane. At this time the plitintiff was very near her brother-just behind-and in tite struggl.e, they all wezit into .Mr. Bloom's pew togetlter. Mlr. Bloom weeraeley held out his itantds and feet, at the top of the stairs,to keep the Raders down; plaintiff' and her brother pushed forward notwtith. standing this. Witness never sawAfir. B-loo ick, or strike, or make any assault upen thc plaintiff: had It done'sosie was by, and ntust hiave cccii it. Defendant calledI out that the constable shiouIil be sent for. Plaintiff did tiot seem to be httrt at the time of the quarrel; but slite was in a very great Passion. On lier cross-examsination thlis witness said positively that hRobert Reader hail gone up thec gallery st airs belfore ltis sister; and :liat she hiad never seen the ,lefncltantt either with stickc or boar(i itt his bhand. Eventually the disputeid pew haad beeit forced open, and plaintiff'anid her brother had remnained in it during the whtole chuirch service. Two other witnesses were called for the defenthatt, who corrobD. rated the testismoiny or Elizabeatm pier Mlr. ALDERSO1, itn reply, attacked the credibility of the defen- dant's witnesses. The LoILD CsItFF BARON left it to the jury to say on which side the evidence was to be believedl. After a short consultation, one of the jury said that they wished to give a verdict by which each partni jtt pay their own costs The LORD CHIEF BAStON then said that the better way wouli be for the hury to aess what damages they thought fit, anid lave the law to take its course as to the rest.Vcrdict for the phaintt_ Damages, Onte Shilling. SU.1!fFpR 4SVIZES. NORWICH, WF.NEl)XSDAY. AUG. 11. IIOWARlD (CT,I2W) V U(nW1,