Court Of Common Pleas, Gu...
(Before Lgrd Chief Jnstice BEST and a Common Jurui. J l-ls was an action tar an assault alleged to have been committed by the defendant on the plaintiff. The plaintiff, Joseph Cohen. is a cabinet-maker; the defendant, Phineas Davies, is a sheriff's officer, residing in Fetter-lane. It appeared from the evidence of two wit- nesses, that the plaintiff on the 26th of August last was walking in Duke's-place, and was met by the defendant, who struck him a blow which broke the bridge of his nose. The plaintiff ran away, and in running fell. Defendant then came up with him, and notwithstand- ing that plaintift called out that he could not and would not fight, kicked him while on lhe ground. A surgeon proved the extent of the injury whtich plaintiff had sufFered. For the defence. a witness was callcd who swore that the plaintiff began by using Tery irritating language to defendant; had asked"what had become of his perjured brother-in-law," and atlength spatin his fice; and that it was in consequence of this the defendant had struck him. It should be mentioned that one of the plaintiff's witnesses spoke of this witness as having been present at the transaction, and that he heard him. call out to defendant, "O lve it him well, Davies; it will all go in the same expense." The Jury, af'ter heatring his Lordship'st summning up, consulted together forashorttime,andstated that they were unanimous in not believing the defendant's witnes8; they therefore found a verdict for the plaintiff-Damages 201. 'Ihe court was crowded with Jews during the trial. No other case wrorth notice came on during the dav. COURT OF' COMnhnN PT.V .,, .- ...i . ... r _.. 19 COHEN V. DlAVIP.S.