WESTMINSTER SESSIONS, Wed...
The Times, 1824-04-15T00:00:00

Mir. WiUiam Ford, a dashing Corinthian of the first order, was tried on an indictment chargintr him with committing an assault on the person of Edward Harvey Foster, Esq., an offlcer ef cavaliy, and Adjutant of his regiment. Mir. C. PlnL1LIPS stated the case for the prosecution. It became his duty to lay before thc jury the aarticulars of one of the most bru- tal rind unprovoked outrages that iver came into this Court-such as, indeed, wvould not have occurred among the Idwer orders of so- eiety. It was not only the injury sustained in the person. but there was a wound inflicted on the t'eelings of the prosecutor which predo. minated over his personal sufferings, and which, if it was overlooked, would render him not onlv unworthy of a seat at the table of his brother officers, but unfit for civilizid society. There is a method among officers in the arx y of resenting afrrnts in a certain way: bat in sucha caseasthis iTdidnotbeco6whiinto c allon the defen4ant for a personal meeting on whlat is zenerally denominated a hmno-tra- ble terms." The learned gentleman then described the nature of the assault, in the defendant's coming behind Lieutenant Foster and attackinghim withoutnotice with the but end of a horsewhip. For this strange and brutal conduct it was impossible to find an excuse: but if it was intended on the otber side, by way of amelioration, td say that Lieutenant Foster had offended l\lr Fords that gentleman was ready to declare5 ohi his hdnottr as a gentenisti, abti oin his oath as a mnan, that he had never offered himx the least offence whateve?. Lieutenant Foster deposedi that on Sattirday afternoon, the 21st of February, he was in Bond-street, having Uust parted with his frend 3fr. Raymond, when Mr. Ford ame behind hlm. savifL_" Thi. ;a ',)F'-- 1 -5-r, n e rurnea rouna, anti nstantly received a blow oir the head from the but-end ot' a horsewhip, wlhich broke his hat, Witness said, "1 don't know you, Sir." The defendant replied, " D_n you, I'll make you know me ;" and struck him iagrain reneat; edly, until he was compelled to take refuge in Iong's Hotel Hc declared that he never spbke distespectfu otf Ir. Ford, and, indeed, never was in his com pany. Hie was very unwell at the time of the assault, and remained so for -oZme time after. Cross.exinaed by Air. ADOLPHUs.-Witness was under recog~ WizanCes at the time, and had been so since last August; he never saw AMr. Ford but on one occasiofi beforeiivhen he was pointed out to witness; he knew a person bamed Aubtey, and he was once given to understand by his servants that Mr. Ford had called on him from Aubrey respecting a wag.r, but he neyer spoke of Ford's character to Atibrey, Witiegs had an ash switch in his hand, and held it up to ward f' the blows, but it was broken directly. Did not know that Ford-had left vrord at Marlborough-stre6t, ir case of a complaint against him, where he shoild proc ure beil. WVitnets went to Bow- street, and had Ford aprended on Sunday tnoming,'and he was kept in prison until the Alonday. OeorgefRaymond, Esq. a student of the Temple, deposed, that after he had parted from tieutenant Foster, the noise of a whip at. tracted his attention, and, on turning round, saw the assault as re. lated by that gentleman.- The derendant was using the whip in a very violent manner. Lieutenant Foster, from his prevfous illuess, and from the eliects of the assault on his person and feelings, was in a very exhausted state when he got into Ld69g s. 4r.VThdonas Kingsbury, a razor-maker, of 1C5,Bond.street, iid whose shop the assaut took places, do'nrinmeo i formet account. Mir. DOLPnIu S, on behalf of the defendant commcnted'on the okt have come. into this Court; there was a war to settle disputes. i e. this, whitel pr6otkts charceter from ridicule, temales'from insulte and adjults amicably thiose angry. feelings whici. arpje from. vordjX that are not victionable. Hler-e it would- seern that Lieutenant * oster hadi sttfThed hinmelf`t bb struck; and then brought the case into. this Court.. b&ause .,e v'pss bou;d .under rectrgnizances t keep the peace.- It reminded' him of'an-old play (Every Man tPz ALiS IHQ#mor' in nbich Captiin Bobadil got a beating itn *he atreet, and lher. asked by, che Justice why he did not re- sent: itaccording.. ,.ibe laws of honour, he says, ",L. was beund over* to.keep the-eace, and this -worthv eentleman, saw me served vith. tbe proces>s but still, .while the prosecutor was. bi'n sttutk, hlahanc;kere not bo nd'over. The6 Iea reltlounsel sal he wouldvcaI LMr. Aubrey to provc, that Lidiftenahit F7ster had re- portedziltbfthe d fet'aae, a lso aion wy7 lw Was walttiig,with. JMUr..oul whezi Lieutenani, Foder,xcame .uD,.frbom whose evidence it Wouldappear that the prbsgcdtvtr .rasthe brstrag. -ressor~: rSj1IjF theh pWaecutor lookind ateadfstfa y t:itn Mft. Adol. phus conqcIAed thut~s_.'1 no I.ot bhelive that 4ap'; F4si'i'8"evi- lence iSttU9-: huhasnat d6posed.correctly,4eazdlI wilUb prove.it. 1 f it 'i tope endufred thSt; <ad-ocate.in Briti, ort'-osutice ;E Fo e,f &?e.d-and whsl4cre4 oat cf coti'nteiiafce, it U%i;h tlhaWqouT -4odejo0?Izs vwereuaid na3me7 and.that mar :laiw.-.piedpmtnated;: Ieany bite his pretty *irhiskered iisfh;li's- dtahtit is pocket tot dowith it as he paleases." AIr. Aubzey was caL1led, but ~lid not appear, Air. John 13aurie Aortgonierysttet, thathe was etldie point of parting with Mr. Ford, who stated thathe was waiting for Lieutenant Foster, when that gentleman'appeared on the opposite side of the road, and Mr. Ford crossed, to meet him. He told Lieutenart Foster that be had reason.to believe that he had aspersed his cha- racter; Lieatenant Foster denied it, but Mlr. Ford replied, " You are a liar." Lieutenant Foster then lifted up liis stick; and he be- lieves struck Mr. Ford, the latter then said, " If yoti mrean that, coiie on," and then they both fell to at each otheri until l.ieutenant Foster retreated into Long's. Il1r. Piii;L:ips replied: he -was grieved to hear his learned friend inipute iy4rjury to a gentleman bolding his Mlajesty's commission in the army, and who, for his galant conduct, has lately been pro- moted to the Adjutancy of his regiment-a gentleman,against whose chiaracter the breath,ofcailumniy never dared to appear-a gentle- man whose friends in the military profession, had they suspected such a charge, would have crowded to the court to rescue hischarac- ter froni imlputation (at this part of the learned counsel's speech the prosecutor was overpowered by his feelings): he was pleased to see the eff'ect of such a clarge, and the gallantsoldier might rest assured that he was incurring no portion of ghame at this avowal of his feel- ings: a single witness had been called by the defendant, to whom he (Mr. Phillips) would not imypute periury, bat would confidently put it to the jury to say, -whether they placednmost reliance in that witness, or in the prosecutor's-a respectable stident in theprofeseien, and a tradesman whio knew none of the parties. He (Mr. Phillips) was convinced in his own mind that no provocation had been given, and that the deferdant had comnnisited a most brutal, unmanily, and cowardly assault, he would prove that fact from the mouLb of the defendant's counsel. Whlat brought him to Marlborough-street to give thle namnes of his bail, if he had not been guilty ot an assault ? A grea.t poet and j udga of human natuire, as a proof of self-con- science, says-_ " Thou can'st nest say I did it: never shake "- Thy gorv locks at tna-" Nobodv accused liim, but his own couscience told him he wacguilty; is that'the contduct of an innocent person? No;' it is the cutnning conduct of a nan who, having committed an assaidt, by so doing would have his bail ready, and experience no personal inconvenience. He, perlhap, relied on a private adjustment; but he grossl, miscal- culated. No man in the-regiment would have persuaded the prose- cutor to overlook sucl an insult: no man in his regiment would have messed w.vth him if hli had accepted even a public spology. Ile perhaps thought even being fotuind guilty of horse-whipping a man in the streets a triumph; but it was the acto'a vile, base miscreant, and could not stain in the smallest degtee the character of the gallant officer. ThIe application of Captain Bobadil to a man who bears Iiis jMajesty'scommiission was what he (Mr. Phillips) wac surprised to hear fromn his lriend M i;. Adolphus: his friend would have had Lieutenant Poster appeal to the law of hioiiour; but they were a codle of lawvs ibr equals, and not for a man wsio spuins them in the first instance, and titeni clainms the benefit of them. He trusted thte juiry would return suchi a verdict as slhould send the prosecutorto his con- rade.s with an1 unspotted chlaracter, without which lite itself woult be itsupiportable- 'Ilie jury tbund the- defendant C,vilty. The (CIR..ATRM aidN,t)4tSitting in his capacity, he kiiew nothing of ivhat were called the raw s of honour; but this lie knew, that the prosecutor had pursued time best and most honourable course. He hiad been violently assauIted, and in order to send him to his regi- ment with hofiour, and to mark the sense of the Court, the sentence was. that the detend-athe i,-;qnnned tl,ree n,mmntits. WIESTMINSTER -SESSIO02VS, Wcdesdav, Apri 14.