Summer Assizes.
The Times, 1824-08-28T00:00:00

tie_~~ 1 -'' - - 'I -UCOUnty cOmmlencedl befbre Air. Jus- tiePAx and Sr. Justice Li TTLIOSSAL ; the formier presiding at stis prizes, and the lattatr in thie criminial court. Twentty..one causcs only are -entered for trial, and nmos.t of' these are said to be of a trifling or uninteresting natuire. The calendai contains Si)prisoners., (Before Mlr. .Testice PARK.) PANT.ING V. HANCOCK AND OTHERS. This was an action of trespass by a butchier, at Dursley, against JarnceHancock, Daniel White, W;ifliern Stiffand Neh,,ni,ak. t0ftfor unlawfully seizing Certain pork Of thle olaintiff- and committing it to the flamnes. To thlis tite detitndants pleadedl tite general issue and atlso several pleas of justification, setting forthi that James hlan- cock and WVilliam Stiff were office'rs 'calledt CaLrdinals or Carrrals, in the niarket at Dursley, anid that thiey, and the othier two defendaints itt their aid, seized the tneat of- the plaintiff, bemause it seas unwhole- some antd unfit for human foodl, as thtey wiere bouind to'do, in the dis- eltarge of their dlitty. The plaintiff'itt his replication dienied tltat thle meat was unwholesomne, and thiis was the real issue in tlte cause. Sir. LUDLOW stated thteessLe on behalf of the plaintiff.-a yountg mnlt Who hadTrecently ucceedetd his father in the tradle of a butchier at Dtirsley. Two ot tile defentdants, Hancock and W,illiamn Stiff, exercised the offices of cardinals or c..rnalsz, in the n,atket of Durslev; and they had thioughit proper to lend themnselves to the jealousies of the defendanit Wqhite, who was a rival butchter, and, at Ohis instigation, to seize, in the opeL miarket, a qtiaittitv of pork, from the plaintitf's stall, and to barn it in the presence of hiis townsmen. Now hie wvottild clearly sliome, by the testimony of the butcher who sold Cthe pig, the iian who assisted to kill it, and sereral poer-sons who inispected and bought the nieat -which it produced, that the charge was entirely without foundation. Under these circurnstinces, the plaintiff sought to recover damages for the less of his nieat, and for the disgrace which he hiadl been tunjustly compelled to sustai Samuel Daivis, a bitcther at Durseley, saidi, on Friday, tite 5th of December lost, he sold a live pig to tbme plainti,.'; whichl hehIatifate on wholeso'me food, and thierlt was in a fit state to be killed.A few days afterwart6s he attended before a magistrate-, wimen meat was produced Which was itt a very good condlition. The pig weighed seven score and 41b., andr its price wvas 55 shilliris. Ephraim i'lqdaidtotte proved that thie pig detiveredl by Davis to Pa4nting was killed thie evenitng it was delivered, and hung up for s.ale on the following day. (Crose-examined by Mir. CA1stpaELLa.-Xras it well killed ? Tite Witness-11rhly, yes, Sir, it dlied. (Aluch laughter.) Richard Taylor, a butcher of Dursley, siaid he was in Daraley market on the 6thi of December, and satw the joints of a pig on Ilanting's stall. The defendants, about two O'clock, came to that. Stall ; William Stiff andI Jan,ies Hlancock wiere then the eardlinals or carnals of the markeL. Daniel White, whtowas a butchler, ctmt a piece of tl'e pork, andI put it tow-rds I Iancocic. whio smelt it and Said, "1 That don't stititk." Wh'lite tock tt p anothier piece, atsdlsaidi, Dott't that stink ? TIake it awiay andl do youar doty, or I'll liine yen." On this, tise four tnen all ber-ani to put't intcm-, abasket ; theyI took it into a plaLCe called tliejlBlul Miu,s nd burned it in ithe presetmec of' the people, wlto crietl out 14 iiate. nd ss.b it w-as a shame to burn sucls nice msrit. Air. WVhite was himnselfa butcher at Durslcy. Panting wvas a youngI mamn who had lately stteceeded his father. Part of tIse meat witich Si r. Woodward and Mr. Dimmer y pu rchased w'as very good. The meat so purchased was produced before the ma- gistrates, and was fountI sweet and good ; id the magistrates Said i t was so, in the presence of tiie defendiants. Alr. Purnell, the tuagis- Crate, satd the meat Spoke for itself. (3ross-examined.-..Some ofthie people took the roa2sted pork out oif tliefire and carried it away. Atkints, a fruiterer. watsliythte Stall, hut found no fault witil it. White was at the stall lottg tiselre thec arrival otfthe Gardinals. Joltn Frenelt. a butcher at Dursleey, swore the mecat whiichi came from Davis's was very gootil meatt. W'hitte camfe up n saidl, " Is titat good meat ?"` to whicli the witnes replied, " t saw nothing tAte utatter with it." 'White went away, and returned withl Wlilliattt Stiff', tite tailor. After this, Hiancock. the cart(linai, who was a p.rimter, camie a ind at Inst Neltenmiiah Stiff, the btttclier. They took- away the mecat, whiile l'antiing leatit on iiis arrm, attd cried about his porkr. White satd it was a piig whichi hadn an accidlent corning fromi (ilocester-market. Panting said it was onielie botmghit of M11r. Dat- vis, anti SIr. Davis entitie to speak to Iitim. The spare-rib wvas very good ;tlte witness took it froiiimItlte basket and c-arrid i it away. Titeimeat produced before tAti magistrate was very good. Cro%s-e-,aniined.-He did not recollect Cthe cardinals breine sent for to take away any meat of hlis own. He tlid not see Pariing conceal aiiv of rthe meal. Joseplit Flower, who saw the seizure and burning, Raidl tilte nm--t appeared very good atid whoalesome., anti th.st several xpestircsdtCitat opinioiatt alCi ti tne. Titomias Rudder said the two carnals put tite meat into Cthe ba.iket, atitioial four took it away. PaLtiting wvas leatting on) his Sttall cryitug, when Whtite said, " Its no use for thee to cry, tCite nicat shiall be burned." Samuel Mlorgan, a clothi-worker, of Dursicy, who saw the mecat taken out of the lire, found it stielil sweetly. 'Sarah Woodiward, oni wioesal pre.rib wvas left, saidi it lookied very well. M r. Dim.. mcr-y, who lita part of Ctite meat, also athiou ght it very whmolettore. Sir. Pumell, thte magisitrate before wh-om C ite meat was taken)on) Panting's compliaint, said Cthe meat producctd before tiiim was very good ,and goo even a wveekc afterwartis. Mr. TAt.' ITON addressed the jury, for the defendanits. Althiough the matter ituimediately in dispute was smnall in point of' attount, .he thiought the case verv imnportant to Cthe public, as it respected an an- cleat and valuable oflice, which litadl fallen, too ntuch into misuise. lie was one of those who felt a great affection for the oldI cominion law of England-that law which existed before the legislature accu- mulated so many statutes, and the principles of' which weut(i be founctaiamost always consonant to justice and( wisdotl,. One of ithe officers whicht it recogttizcdt-wagthtat of carnal or cardinal, from Cthe latin word signifying Ilesh, becatmle it was the duity of0tose Whoe filled it to seize alt unwholesonme provisions, attd publicly' to burn titem. In the present instance, tite carnals hiad only actedI in per- formance of ttiteir cluty; they hadl not gone to the stall till the y were Sent for ; and the informaition originally came fronti a person namued Atkins, anid not fromi eittiter of Cthe parties it, tiltercause. It nsigltt be Tirue that somet of thejoints were not tonwholesome ; hut still if there were sytttptoats that the animal died a natutral deathi, the oifficers would bejustifieti in seizinig the whole as prejudiicial to Cite public Itealtht. On ttitese grountils, wlitiit he shouild amplY sustain by evi- dencee, he Shtouldl co?1ithetttly atiticipate a verdlict for tite tdefendants. Robert Aktkns, a slitori. mani, of singula rly dirty, appearance, % II a ]large black lteadl, pierc'ing eyesz, and Shtrill voice, was thten called. fHis prodluction as a mlan of dcliettte organs excitetI loutid laughtter. On hiis exatninatiol, lie gaidtihe was a fruit-dlcaler-sold apple-S, in- tattoes, anti any tliting lie couldc lay titoct of in ani honest way. I-Ic hiad a stall att DttrsIeY-market, and hadtt no connexioui with the buteliters. Ilie Saw Paniting contie itito the tiaritet with his nttiat in i harrow, as hie was wvalkis1r about to keep his blood in circuilationi. He observedt the clothi, wlttch was dlirtv, atid s aw Cite meat look as it he attintal hiatl seinie bad disorder. Thlere was hiblod atnd specks on thie flesh,. lie vwas as good a judge of nie't as say butchmer intsilte Air. CAMPIMttLt...YOUt have Made it a StUd'Y? Air. Justice PARK.-j, doni't titaite itiits swear thtat! (A iaugei.) The witntess, Itowever, said y-es, liec haul, Ile thoutght t Cite ieat untwholesome, ant i e peitited iLt otCo btuutchr \Vhiue inttite oresence of Panting.Wht N%lcStnel t it. autf - aiiIt st inks.' ' I tetuthe cardlinals wvere sent for ; titey 'catnei anti took it away. cxcept wrisat people siatchtetd froiss them. 'r'ic1te imtt stulct very bitd when, it was burtning : it wa-s quite unfit for food Ur,o%s-cxatuidnel.'Thie witness atttl Xiuitc ivcre very iintitttate aittd ltewwts Cite next perso).n ;timrlc,core'itc told Itim. Alrs. Atine Trottittan s:uidislite tas cotttittg tup) Durslc y.yuuarket on Cthe dtty of ClitebLtroing, aind saw the meiat. ParttIing assked liter to btuy Cthe mtr cltat SAI t ttt ;buttbilec said sile wouldtinot buy' it, as it smelled strong. Sie ad ei it, attultOt tti isomne ol tilte IIick part yelwand. sotite greeni. The hecad thad a veinv unitle-~anr. look. S``Oite thughtlitetcanimiial looked as if it Ioldiati (lla' tuatural cleatit, anid titat it I was unt ibifr sale, anti told Stiff to (tin tis diuty. Gross-examitted.-She was not htcfore ttite ttagi'trate. Site hIta kttown White 22 years, ulitring whiuhlelIt had casrried on business assa buttciher. iHicwas a very respectabtle Cradestttttn. Joseph N'ichols, a btstelclr. aitid ite liii lnot tititik the mneat in so good am state as it slitottiti be. 'lie observedi blootiutptun it. 'rit e l~,di Itatl blood ettughir in it ; butt thtatt hc imati scctt before. Pzmtttittg tooik tway the Il ick, tnud rolled i it up; it looked rathet grc2cn itt places. somte part smitelleti sweet, other ptarts didti tot. Ctro.ss-exaniu,iad....lc-le tid ttt see Atkuis intt ie tmtarket. Ttic ttte.st was exposedti ott ite sttall for htours. Joseph Gait,alto aVlso t0saW tb lmjttettt ott the Star.., ti,tolghti it Un- WI lteolooit. Edmrund Gonudriclit, constable of I)ursleY, sati( IIancock appliedi to lila Co take sotine meat,(lie didl so, and, thouiitgh it bad and ldoffensive. Peter Dobbins was of Ciite ane opinion, anti having servetd the hitih office of carnial, had of'ten burned meait for the saine cause. Daiel C1'reatnuriwsa of the same opinion. Te tr itesses on cross exaniination. adrnitted that the co'o of Cthe flick oiught Le affected y aecitletital causes, Si.JusiCe PAICICstumnued, up the evidence on bothi sitdes with great rminuten-ess. Time Jury found a verdict for ithr,,lisilfa~~rO SUMilRf ASSIZES. GLOCESTER TUERSDAY. AU;G. 26. ...I .. I II S