The Sun. — 1852-05-26 (London, England)

WIGHTMAN.) ANDREWS V. BATLEY. Mr. Edwin James, Q C., and Mr. Udall, were counsel for the plaintiff; and Mr. Sergeant Wilkins for the defendant. This was an action to recover damages for an assault. The plaintiff was a milliner, in Mortimer-street Cavendish-square, and the defendant was the son of a gentleman living on Maida-hill. It appeared that in September last the plaintiff went to a Bloomer ball in the costume, accompanied by a Miss Forsyth; they there met the defendant for the first time; he paid attention to Miss Forsyth, and after the night of the ball the defendant continued those attentions, and was about to be married to the lady. The plaintiff went to the defendant's father, and urged upon him that it was not a desirable match. The next day the defendant called upon the plaintiff, and after some violent conversation the plaintiff called the defendant a liar, and then the defendant committed the assault upon her. The following was the plaintiff's evidence:— Mrs. Andrews--I am a milliner. In September last I went to the Bloomer ball at the Hanover square Rooms, accompanied by Miss Forsyth. I saw the defendant at the ball. He got .a cab and took a seat in it. I requested him to leave the cab, which he did, and I took Miss Forsyth home. I afterwards called upon the defendant's father, as I had heard the defendant was about to be married to Miss Forsyth, to explain to the father that I did not think it an eligible match. The next day the defendant and Mrs. Disney, who are related to Miss Forsyth, called on me, and behaved very violently. They left the house. The defendant returned, and after some conversation he sprang upon me, and struck me many blows about the head, neck, bosom, and shoulders. ile said, " D—n you, I will suffocate yeti." Both my arms were very much bruised, and remained discoloured for a fortnight after. Two of my apprentices and a customer were present. Cross-examined—I have been married. My husband has been dead eight or nine years. lam 28 or 29, but I really don't know my age. It is near 30. I went in the costume of the Bloomers. There is an announcement in; my window that dressmaking is taught in six lessons, and furnished lodgings to let. I had sent to Captain Disney for money owing me for Miss Forsyth. I went to the defendant's house and asked for his mother. I recollect calling the defendant a liar. I did not tear his coat. I was perfectly calm. I might have been excited. I don't recollect saying that Mrs. Disney was a low-bred Irishwoman. The defendant told me Mrs. Disney would proceed against me for defamation. I said nothing reproaching Miss Forsyth's character. I did not summon the defendant before the magistrate, but he was summoned. Re-examined—l had been making costumes for this ball, and had a ticket given me by the managers. Mrs. Disney requested me to take Mass Forsyth to the ball. The Disneys lived at 316, Regent-street. By the regulation of the ball all ladies were to be dressed as Bloomers. Anne Glaaspool, an apprentice of the plaintiff, give evidence as to the assault upon the plaintiff. He struck the witness on the bosom and on the mouth and loosened her teeth. Sarah Pilton, a customer of the plaintiff, also proved the assault. There was such a piece of work that she thought Mrs. Andrews was being murdered. Mr. Sergeant %%dams made a most amusing speech for the defendant; he denied the assault, but thought it not improbable that being provoked in the highest degree by the plaintiff, he had shaken her. The smallest coin would amply satisfy the case. Mr. Justice WIGEITMAN having slimmed up, the jury retired. Tho jury came in and asked the smallest sum that would carry costs. The JUDGE said that they had better give a verdict without thinking of costs. The jury gave a verdict for 51. Tho JUDGE refused to give a certificate to the plaintiff for her costs; he did not see why the case should not have been tried in the County Court.