Summer Assizes.
The Times, 1824-09-03T00:00:00

's~~o St LUi aia te lat tOtei was an action brought by thcplantff o ecoercompensation In daEmages from the def'endant, in conisequence of injury sustained by him from- a violenit amault committed by the defendant. T'he dam:iges wvere laid at 2,100l1. The plails tiff was a corn commission..merchanit, residing at Bridge- water, andl had earried on busilness in that town for a number of years. Thie dleferndant was a merchant of considerable opulence in the same town. A feud.appeared to hiave e-xisted between the par. ,ties. The plaintifl'applledl to a person named Grabliam to -return 1dmn a pair of larqe scales which hic- had lent hint a long time before. Grabharn had, wtithout plaintiff'% knowledge, lent these scales to tlir tdefendant, and repeatedly asked hiim to return then). On the lAth of August Grabham and the plaintiff were ott the jury at Bridge- water, and the plaintiff hiaving particular occertion for the scales, re- quested Gralhilp to procure themi from Ford]. Fordi afterwards came up, and 5Tine warm words passed between him and the plain.- tiff, whien he took hold of plaintiff's collar, and sliook Iimi, and af.. terwardis kicked hiim in ttite small of thie back. The consequence was, that the spinie became injured - the man litad since been con- fined to hip, roont, and was depirived of the means, at a dimse when he hiad the best prospects before him, of realizing wealthi anti maintatin- ing is r'amily. r'he following witnes3es were called:- John Grabham sworn, examined by Mlr. WILLItAseS.-I live at Bridgewater, and amn at corn.mneter. I have 'known the plaintiff for forty: years. He has been a corn-factor fhr'20 years. Mlr. Ford is a conisiderable mnerchant at Bridgewater. I rememiber having: the loan ofta pair of scales from Mlr. Gibbs in 1822. I lent them to AIr. Ford, in about four mnonths after I borrowedi themn. This. was about Au, gust, 1822. In Atugust, 1823, Mr. Gibbs asikedl me to recturn the scales. I applied for them to Ford very often, anid on the 16th of August it, particular. I asked for the'm. Ford said lie dlid not know whether ile sh6uld or no to-day. I reqrrested he WOUld, aS Gibbs had somne wheat on the quav to be vweiglted. He said his (Gibbs') son had been with him and used sonie abusive language, ansd ltewouldrnorgivesup the scales. Gibbs madle hisappearanceoen lthe quay afterwards, and Ford tlesired me to tell Gibbs to come to him. I went to Gibbs, and he said he wouldi comne near no such shabby fellowr. In a few minutes Ford wenit up near himr and (Gibbs, and asked hiint several timnes for the scales. Ford saidl " I shnt"There were somse words passed between themn. Gibbs said to Ford It appears to me you want tu be guilty of some of yor rotr's tricks.' Ford then came up to Gibbs, and caught Itbyther scollar antd shook biins. Gibbs cried out to him-- " eoff of thata' and I can m-ake thee pay for that if I liad a mind to." l'ordi said " It' I am- to pay for it, Ilql give thee sonie more uf it." Ford catclhed him by the other col- lar, and kickedI him, about the breech, and said " If you say, another word I'll knock your hiead off." Fordl then struck hiim a backhand- edi bow on the side of the hecad. Gibbs was on a lower groundI titan Ford. Ford is a very stout man about thirty-five. Gibbs is an older man about forty-right. Cross.examined by, Sergeant PZLa.-r did not liear Gibbs say, before Ford took bim by the coMi:r, that he woriid not go neaRr that r1-d rascal ; that ~.e hacn robbed hiim, and would have the c-onstables after him. I heard such langitage after titey partedl. Gibbs also said after they- were parted, "1 I know enough to hang bim and Itis father; people hale been hanged for less crimes than they have been guilty oe " But this was said after the-y wveie parted. There were also somse other abusive expressions used by Gibbs against Porfn, buit they were used when Ford was absent. I lIave beeni arrested for 31. fis. Itd. coRich ard Gibbs,, son to the plaintiff, examirned.-I saw the assault cmmi tted on myfather. We wvent homne my father rode, and I wliked . He com'Plained of a great pain in his back, and looked very pale. Ori arriving at home, imy fattier could not walk. I-e comnplained of beinig very ill, and went to bed. Thils was about three o'clock. He was shiverin , andI had bisbed warmed. Crosis-examined....1lIl father l,a' hadlthe gout. He had at the timne I s~ak of but just got out of the gout. 111.igey, mate of' the vessel Tea nilon, which was lying in the riveT at B3ridgewater, ini August, 18323,-He sawv what passed between the parties on the quay. Ile confirmed ttire account given by the firsit witness. T. Cede was at Gibbs's house on the day when the assault was eominittedl, and saw Gibbs come in. He seemed fainting arid crip- pled, and had his hand on hia back. He leaned on the table, and witliess offeredl to go for a doctor. 3ir. James Parker, asu1Tgeon, in partnership pvith Mr. Axf'ord, at lrfldgcwater.-,,. wats calledt in to Ree AIr. Gibbs about six o'clock in the morning. I found him in bed,' labouring tinnier a considerable degree of fever, com-plaining of pains in his head and back, about theo lutmbar vr'ce'brcr. I ordered liim some medicines, and promised to c-all agains. He comnplainied more of the, head than the back. He mention~ed to rne what had happened to him. I examined him the follovwing morniing, particularly his head and back, where he com- plasined most. I f6und a swclling and slight discolouration. He was relieved by the medlicine, but still -laboured under fever. I put him on a low die~t, and recomnmended him to remuain in bed. I vislited Ihim some days afterwards withi my partner. Ile comnplainedi of -pain in the back. Hei had a slight attack of goitt. whichi continued only- a fewv davs. The original swelling in the lower part of the'back continuied. Ile moved about ini Setmer. Hie iyent to Bristol, and after tstaying there two or theedays, returned. Tihe stymptoms had increased. I recom- mended him to kceep lying. I attended Iiim until December, whien Mlr. Standard was cAlled in. Up to that time there had beets a gra. duial increase of syinptoms. At that time he complailned of ' i in the knee and the hack. The complaint in the knee woulid ftollow from a disease of the epine. Setons and issues were used. Thecy were of a large description. In, March Gibbs was worse. Witness examiined his nerson, andhbad kept notesg. fe warsnowin bed, lying on his face. He had been obligedtolie in that poiionl for many montlhs. He rested very badly. The left leg and thih weresmaller than the right. There was awasting of the limb. I tirink the symptoms whichi I have obserVed throughout are referable to a diseased spine, and the 'probability, In my opinion, is, that be will never recover. It is not probable that he will ever leave his bed. In his4 cross-examination witness said, that Mlr. Gibbs toldI himn of an aecitdent whisie befel him one day since the assault, when he went out in a gig with Mlr. Evans. He said the wheel fell into a rut, and the slhook was very great, and gave him mnuch pain. 'Thte exoense of medical attenidance will amnoutit to about 2501. Mlr. St~ndard, surgeon to the Infirmary at Tauntonl, was calleni in to see the plaintiff in December last, IlIe conifirmedI the account of the sypos given by the last witness, ane' said he considered them dl'rohc ~sm injury in.licted on the p art. He met Dr. A IMl]an and Dr. Sulley at Gibbs's' They did not dis- appTrove of the treatment that had been atloptedi, but they declined to enter tnto a consultation. I continued to attend Mir. (Gibbs, and founld symptom Io incient aayi in April. 1 yisited hini tlire 10th ofAgs las, ndfou_nd all theyptomss much aggravated Seeralmeical isn wr ale wr confirmied the above state. titent. Mlr. Ogdlen, at rorn-dealer, at Bristol, stated ttiata he knew tire plitW His ibtisinetssreqrrired great person,al activity. Gibbishad been ver'ill'~y conveorsant in the trade; helhas done as Oruch as tnydlealer in hiridgewater. Several other corri.dea3ersVpoke to the sanme effect. Mr1. Sergeant Pgtt., then addressced the juiry for the defe'sdanf,snd called the foIllowing witnesses : Jtoltr Smith, a porter, at rdeaer.'s at the qnrrr oni the 16nlt of Augneri, anti s,w G ibbs, Fort.l aniv Grabblarn togethier. lir heard Grabhaini desire Gibbs to asck tor thr.scalcs of Ford, IVI'tat," s~aid Qibhs, "1 rise go to sitc!h a nl-d infernial rogue'?IHe haRs robberi rite, the scorredlrel I'll prove bisi onre, and all his fanitily; I knew enough of hinin arid hiR fathier to hang thiorn lire atnd' Iis father 'lesetved i tiore to h be utte titan tliretwo riien wyho were tripid at thec llriligersatcr Assizes." Ford was aortit twelve ynardn frorii Gibbs [le stroke it out loud, so asi to make every body hear him. Fo)rd came ' ip to hint, anti said "1 Johni(i Gibb, I mlidi riot know the scatles were v'noirr." Gibbs s-aidl " You ri-.d ecormodrcl. you ore playing youri bro'ther Hill's tricks." F"ord askedt hsts nidlirv tr te scales at the fitne of his bahirrmptcy ' Gibbs said, " W1hat's tlirit to yorr. youi d-d rascal e" Ford then took him) hrrie collart and Gibbs -aid, 1 Yout ta!cal. that's all I wanted ; 'l lrowv rho hntr thee." Fordl then tr.vred. awray-, and Gibbs followed hint, shriving bin,. Forni then kicked Iiii, Anol strtick off hieg hat. Crors.xatsited..Ilitnserem-arked, that tlire kick was v'ery ezizlgmt, Sir. Ford witsvery coot,aridlMlr.Gblbba was in sgreat pastrn. ,Yoh,sS~nira, toster f a vssel.AVa I tt tir quay 5t. Bridge. watr o tt dy n qesion Te frs thnghe hieard was Gibbs sayisinte rebaris Tel tre counrel itliedoesnout let me have lis sale, 'llge a ontabe tidbrak nopen birisotoirs. I'hllnot vpes tofirt d- inernl scundel,&c." as thie forrmer v7itFeS3 On his cyossigrxamination bY Mt. WILLI,A-eS, he dlescribedi the conduct of' Air. Ford as part'ieslarly mild. '-hc kick wras very gentle--it swas such as witness ivoul(i ieC a child four years old:' Have vnii a child four year,; old to wo o apply iuch kicks'?-e- Ti;e Jiy ji.-Do yout mean to conmrssunicate tonthis audienictl,at you iapply vbth!3osode of correction to your ciriidren '?-I somnetimes give them a kick wheni they wahit corecetion. I am in thie habit of chiastising tirern severely, The .J ir) nnx-Thiat'is Your busintsass, riot iniine. Ailr. WILLt.,uAis..,,Pray' rin Fordl take Gibbs also very gently by the collar i-Quite geontly. ll'ostild rthetnotion, do youst tink, have ruffled a nosegay if it liard been irs his beast ?.-Il scarcely think it wvould. (A iaugfi.) .1. Jones, a nrariner, gave tire same account as the last witness. On his croAseexstmination, he said thlat the conduct of Mfr. Ford was very gentle. Did y~ou see tire kick e-Y es. In was s'ery gentle ?-Oh, very t a uha ika ' ra osy thiud to. .;i.wssc ikR ' ra How oldI is lire i--Elevesrl years. I'd give him iueltisa kick wlhets I couild not get at hiur reithr a rope'senid. (A laugh.) Din you hear the kilck?-Ohb tin ; lie was too far. (A laughi.) William Xlrasher, a miarirner, statednLtiat he was at HAlunt Rad. f'ord, oil a dlay in n'qvenmberTlast, and liereaweAMr. Gibbs and MAr, Evans in a gig. The gig was passing from Bridgewater. ThIe gig gave a lurch as the wfiteepassed into a rut, arid Air. Gibbs fell ourt, and iMr. Evans upnir top ofhbins. Gibbawaislifted up, arid on rising, put liris band behind, antI said soriscthing. Trhree persons came to aisist hint houiie to his hoxsstr. Cross-exanrined....Witness sorw the gig overturned, arid thoughi he worked for Mr. Gibbs ant(I r. Evans, he dril not offer any asisist- ance.Ilee solemnly swore uponir is oath, that lite saw Evans aLnd Gibbs overturnied to a gig on~ a day in November last. J. Rowley also saw the gig overturned, and conflirmed the testi. mony of the last witness. John Byant stated, that lie had been employed to out a field of peas, in Atgust, 1823, for Alr. Gibbs. Gibbs rode out. and ap- peared to be in better health than before. Witness saw him in a Portnight after. He uppearedh tolerably well. Ile said, " I havc had my turn. I have got prety well, and now I'll make that si>qtbf a b-h suffer." Witness afterwards saw him reveral times in z4i,' On a day in autumrn, Mir. Evans and Air. Gibbs went oatin a in the morning, and he returned in the evening arnd appeaede much hurt. Gibbs was removed fronm the gig by a servant sd a strange gentleman. Dr. MI'Mullau, a phvsician, in Brrdgewnnter, for upwatds of 2(1 years.-I have frequently attended patlents with spinal complaisits. I saw Mlr. Gibbstfor the tirst time in themonihof MIarch. 1 exa4' mised the back, but not minutely. Alr. Sulley exatnined Alr. Gibbs more accnsratcl ; as his practice is riiore of a surgical nature. I olb- served a thickening of tire celular meembrane, in the back, when ;Sr. Gibbs complained, and I observed that the syoiptoms noight have arisen front the treatnient that had beeui adopted. 13ut we traced tbe course of the spine withoiut difficulty, and there appearirXt'to be no deviation from the natural sta:e. Threre was no hical-'iraiment going on then-ll the setons and issucs were healed".up. His pulse was quickened, anti he was in an excited state. The secre- tiora and functions were going on very regularly-his tongue was lightly loaded. There w;as no expresaton of prin and sufferingin his face, but rather of irritation, for_bges-obligel to submit to an e?c- arination by pel 0lloB nd:isdI-ot nfidenco, I bad aeen him out of bed, sand froni inymotIaction of him befor, tbtere ippeared t &beti general emaclatlon Ri bodY was co4ered with firm muscle-and hi5 fice WaYs 'p]urp end fat. The only appearance of ema- ciation was in the calf of the leg. He complained of great pain ano total inabilitv to move himself. He was as3sited in antl out of bed. He aulmitted that he had been ocmsionally subject to gout. I sawv him again on the 20th of August, and I perceived nio change, except that the calf of the leg wg s8maller. I considered rest absolutely necessary in spinal complaints; motion nmust be in. jursuc, parttculsarly in the inflammatory stage. It would be very imprudent ir. a person in that state to go out in a carriage or gig. A great increase of thle inflawatory symptoms must take place, in case the patient is jolted heaily in the gig. I am,sf opinion, that a long con tiecd irrtation vvould produce a greater deterioration than 1 observed in lr. Gibbs. I refer the thickenlng ofthe cellular mem- brane to the treatment which had been adopted; andwhich might have been Foveined by the symptoms that made tieir appearance to the practitioners who sawv tfr. Gibbs first. I don't consider the thickening Ihave alluded to of any importance. The pains which he felt might have ariser. frowt other cassea than that to which thyc have been attributed. Air. Tally has been 30 years praetising surgery. He examined Gibbs in 5March, asd found the spinots processes all perfectly sound. lHe found a thickening of the integuments in the back, which he at- tributed to surgical treatment. Ile gave the samr,e sccount of the symptoms as the last wvitness. On his second visit there was no al- teration, except that the patient comnplained of an intolerable pain in his back, and was reluctant to undergo an examination. He found an increased flaccidity of the muscles of' the leg, but no alteration in the muscles of' the trunk. There was no appearance about Mr. Pibbs that induced witness to believe that he was not susceptible of relief. Cross-examined.-Witness had no doubt that the patient suffered a great deal; and his suff~erings7 no doubt, proceeded from inflam- mnatory action in the back. This witness underwent a furtlier exa. mination, which was not very material to the ease. r. SergCeant WsIDE tben called William Evans, the person that was stated to have been driving in a gig with Gibbs, and to have been overturned. Examinetd by Mr. WILLiAms-Did,you drive Mir. Gibbs down Alount Radford in October last ?-Yes. Did you fall out of a gig on that lay with Mr. Gibbs ?-No, so help me G-d,; la help me G-d, I never was thrown out of a gi4 in my life; and it is false if any one has sail the contrary. I never have driven Mr. Gibbs after the 27tb of October. Nlever did it happen, that three men and a bo,y me to assist him out of a gig. I always drove when we went out so the very slowest manner. I tried Ito trot once, but lie could not bear it, hip back was so dread- Cross.examined by Mr. Sergeant PELL.'I have been out in the garden all the day near the court. Some person caine out to tell me that a witness was saying in court tbat I was overturned in a gig with Gibbs. The person told me that Rovvley was this witness. Nothing occurred on any occasion when we went out, except the trotting I have mentioned, to give uneasiness to AMr. Gibbs. AItr. Sergeant WILDE replied at considerable length. MIr. Baron GARROW summed up with much perspicuity; and tne Jury, after a short consultation, returned a verdict for the plaintiffl.l 'amnges, 1,500!. The trial lasted from 19 o'clock until half past 8 o'clock. Caowi7 SIDE. David Bird, aged 59, was indicted for cutting and maiming Si. mon (ox, with intent to kill ordo himsome drierous bodily harm. Simoni Cox stated that he was a tailor, resading in the parish of Soluth Brent. lIe is a member of a friendly society there, and was present at one ef its meetings on the ftli of June. They dined to. gether in a field, and as he was returning home, he saw a crowd of persons, and amongst them he saw David Bird. He asked some person in the crowd what was the matter, when Bird made a blow at hiin in front. Blood immediately flowed. He was taken into a lhouse, where he was attended by a surgeon. AMr. Williams, the surgeon who cxamined the wound, described it as being about an ineh and a half long under the navel. The wound was a cut, not a stab. Had the intestines been wounded, death would have followed. Join Clist stated that he was at the public-house on the even- ing when Cox was wounded. He found a knife on the road near the spot the next day. It had the marks D. B. The knife, which was a large claspe knife, was then produced. Jolin Peters stated that lie was at the meeting of the club on the day in qtucstion.and saw theprisoner tusaling with his own son.in- law and daughter. They went away, and Bird said he would stab the first man he met. He then drew a knife, and hiis relations left hinW. The prisoner went on the road, and when Cox canme up lie made a lounge at him. Mfr. Williams, the surgeon, was recalled, and being shown the knife, declared it as his opinion that the wound on Cox's body was not produced by this instrument. Several witnesses wero called for the defence, among whom was the prisoner's daughter and son-in-law. The object for which they werc called, was to show that the pzisoner acted under a great *degree of rritaton in consequence of the ill treatment he had experincned from the prosecutor and the person wlho took his part ; but it did not appear from that testimony that any quarrel had taken place between the paltties The jury found the prisonerga,iUty. UMMER AssmsZ. WELLS. wRn-. 1 GIBBS V. FOlil.