Court Of King's Bench, We...
lcfore Uie Lord (hief Jiswficc ABBOTT'r ? Ur. UtWOoD opcned the pleadings. He stated that this was an indictment against the defenlant, Air. Charles Leake, an attorney at Uttoxeter, for pcrjury alleged to have been wilfully committed by him, in an affidavit made in the Court of Chanceri, on the 31st ot July, 1822, in certain proceedings under a commiision of bank- ruptcy issued against Thomas Sylvester, currier, dealer and chap- man, at Uttoxeter, on the 31st of Januarv, 1522. The defendant pleaded - not guilty ;" and upon that point issue was joined. MIr. SCARLETT stated the case to the jury. From his statement it appeared, tha: a commnission of bankruptcy had issued in the commencement of the year 1822, against a person of the name of Thomas Sylvesteri and that the defendant, aLr. Leake, had originallybeen the solicitor under that commission. Soon after the conmission was put in operation, AJr. Leake was dismissed; and being extremely indignant at his dismissal which he attributed to ccrtain friends of the bankrupt, he declared that he would take care that the bankrupt, lThomas Sylvester, should never get his certificate or carry on business again; and that iifhe could not effect that point by fair means, he would by foul. After the lapse of some time, the certificate of the bankrupt was signed by nearlv all his creditors. It happened. however, that some creditors for small sums, not anmount- ing in the whole to m-ore than 201., withheld their signatures; and for these creditors Ir. Leake presented a petition to the Vice- Chancellor, praying that tile bankrupt's certificate should not be allowed. Several of the creditors who had signed the certificate, then came forward to state first of aUl their con- viction that the bankrupt bad acted with the utmost fairness to all his creditors, anti then their conviction that the petition against his certificate had originated in the malice of the defendant; or which theygave the declaration to which he (lr. Scarlett) had before al- ludeu, as proof. The Vice-Chancellor, upon heaTing that state- mernt, declared that he would not go further at that time into the petition, and called upon Air. Lcake to answer the matters which h.al been alleged against him. Mr. Leake, in consequence, mnade an affidavit; in which, aniong other things, he denied thzat he had ever declared that Thomas Sylvester, the bankrupt, shouldl never get his certificate, nor carry on business againi; and that if he couild not effeict that point by fair means, he would by tbul. 'Ithat affida- vit was inhibited in the Court of Chancery, and the present indictmnent was founded upon it. le should, however, prove, by the testimony of three witnesses, that the defendant had made that declaration. Several of the jury were aware that ic had refused to pray a tales in this case. Ile would new tell ihem why he hail done so. It was material to this indict- !inent that the issuing of the commission of bankruptcy against Thomas Sylvester should be proved in evidence. Now, the solici tor, in whose custody the commiinission was, hIad not yet arrived in own; and he (Mlr. Searlett) had been uniwilling to proceed to trial Nithout his presence. He had, however, discovered that the very 1tfidavit of AMr. Leake, upon wlich this indietnient was founded, idniitted the existence of the commission, and was therefore admissi. Dle in proof as evidence of the conimiission. He should therefore olIs _Shf. pautrsV3WrSsio- 8' *ort his case. An officer of the Court of Chancery prodtuced the affidavit wlhich :!r. Leake had sworn in the Court of Chancery on the 31st of July, L822. The affidavit was then read. It spoke of the commission issued igainst Thomas Sylvester, currier, dealer and chapman, but did liot describe it bv its date. The LORD CFtIEF JUSTICE remsrked to MIr. Scarlett, that he commission of bankruptcy mentioned in the indictment was lescribed by its date at WVestminstcr. It was not so described in :his affidavit. There was therefore no evidence that the coun- missions were the same. Mr. SCARLETT observed,that he would endeavour to supply that defect, by putting in the petition against the certificate alluded to in the detendant's affidavit. The petition was tben put in and read. It spoke of the commnis- sion of bankruptcy issued against Thomas Sylvester of Uttoxeter on the 31st of Januaiy, 1M22. Air. GUT RNEy.-It does not, however, describe him as " ctirrier, dealer and chapmlan," as he is described in the indictment. Mr. SCAIELETT wished to know whether that description of Sylvester was material. The l,OD CHIEF JUSTICE.-It is material, as a description of the commission. Air. SCARI.ETT then desired Mr. Thon;as Hurdon, the solicitor, to be called upon his subpoena. AMr. Thomas Hurdon answered to his subprena. Hle deposed as fbllouvs:-` I am a solicitor. I liave with ume the proceedings under the comnission against Thomas Sylvester. I have not the commis- sion itselfwithme. I did not bring it witlh e from the country, because I thought that it was in the hancis of my agent in town, with whomn it had becni deposited, with a viewv to certain proceedings I in Chanceryv." Air. SCARLETT said, that he could not proceed any further. The jury, under the directioii of his Lordship, then returned a verdict of-Not (t71tilty. THE KRING V. THOMAS THURTELL. The LORD CHIEF JUSTICE said, that he was given to under- stand that the indicmnient against Thurtell, which was tixed for Saturday, was likely to run into very considerable length. As that might be producdive of great inconvenience, lie suggested that it should be postponed to the next sittings, unless some special reason couhlbe shown to the contrary. ak. SCARLETT.-%X I am1 not awvare thatany special reason can be shown." The LoRD CIIEF JUSTICE._" Let it then beunderstood that this indictment is postponed to the next sittings." GOTTIE T. TURNER. dIr. CHITTY opened the pleadings. This was an action brought by the plaintiffagainst the defendant, who is a partner in the Eagle Fire-ofice, to recover 7001.,which he had insured in that office on a house which lie had occupied in Whitecross-street, and whicb had been burntdownby fire. The defendants did not deny the deed of insurance; but they pleaded, first, that the plaintiff bad no property on the premises insured-secondly, -that they-were not destroyed by fire-thirdly, that there was false swearing in the claiih made on the office-fourthly, that there was false swearing in the inventory at- tached to it-and lastly,that the plaintiff had set fire to bis owca house. The plaintiff in his replication dlenied the truth of all these pleas, and these were the issues which the jury had to try. The ATTORnEY-GENERAl, opened the case to the jury. The plaintiff in this action was a German bv birth, and the defendant was upon this occasion the representati ve of tie Eagle Fire-office. In the year 1811 the plaintiff, ba-ing accunsulated a small suun of money in his business as a baker, took a house in lWlhitecross-street London, inm which, after purchasing the lease, he proceed to send various articles of furniture and household implements. About the ranie time lie went to the Eagle Fire-oflice., and there effected a po- licy upon his premises at a 4oubly hazardous risk. Shortly after- weards the premises were burnt down in the night titwe; and the plaintiff'and a friend of his, called Sabbaton, escaped from the flames with great difficulty. lVithin two days after the lire, notice of it was gtiven at the 1&aglelFire-ol'tice,when, to the great surprise of the plain- tflf, payment ot' his policy was refused. Th'lis refusal reduced him to t'he greatest distress, since the fire had destroyed all the property which he had in the world, except a small tunmk, which contained, however, only six or seven shilLingsworth of halfpence, which he had received in the course of business in the week before the fire. He was theiefore obliged to carry on thut business as a journeyman which he had betbre conducted as a master. In the course of a few years he again contrived to accumulate a little money. Ile again set up asamuaster-baker,htashop sititatein New- street,Covent-garden. During the time whilst he liealived as a jour- neynman baker, his residence was known to all persons who bad be- fore dealt with him, as he had never concealed himself or got otut of the way. In Nese-strect, Covent-garden, he had again the miafor- tune to be burnt out. From circumstances arising out of that fire, to whichi it was usanccessary for him to allude, inquiry was rmade in- to the circumstances nf the fire in his house in \V'hitecross-street. The result of it was, that he was coiiimitted to prison on a charge of arson on the evislence of a womsian named Mary Gibbs. Hle was subsequently tried, and acquitted. He now brouglmt this action against the Bagle Fire-office to recover dte sun for which he had inaured his premises. T'he learned counsel said that lie shouldfprove tlias the fire in 1811 was accidental: it would not be sufficient for the other side to prove that it was not so-they must prove that his client had himself set fire to the house, and of that charge a verdict of an English jury bad already acquitted him. That no in- ference mniglit be drawn to his client's disadvantage fromn the timiie whicls had elapsed since the conflagration of the plaintiff's prelfises, which took place in September, 1811, le eistreated them to recollect thie numiserous pecuniary difficulties with which his client bad alid to contend. Without entering into any further detail at present, he wVould tdhl them that they must give his client a verdict, unless the defendant niade out to the letter the truth of the pleas wlhich he had placed on the record. TheATTO51tNE:GZN'MAL theapioceeded to calhiswitn-ese Ithe first witness caUed was Mr. William Pegge, who being ex- 'tigs l er hd abo -tf, hai abu-t whther ot was o bm e cast ay pelnter to erect several tbhe grae, but 1o notj6 tecrnroii shle.Pirtitions, &c. TlaecbargI'Iifaadef0di,atwor ww sheth nere were any fire-ironss- There were tarts in the'sh there w we also jars fr confiectionery, bat whetherstheycoiw ajnf,d any thing or no, i do not know. I wecollect the oire talirig place. I cannot say whether there. were any toals on- the prernises Cross-examined by ir. SCARLETT.-I never lemrned frona Got. tic that he had been burnt out once before this fire. There were two tables on his premises; they might be worth 4 pOund. There were half a dozein bamboo rush-bottem chairs. I don't know what they might be worth. The crockery consisted of a tea-pot, acd four or five cups and saucers. I cannot say wbether the tent bedstead which was on the premises was new or not. I cannot swear that there were more than a dozen tarts in the shop. I began the work abont the 29th of August, and finished it about the 18th of S.n tember. Joscph Cardell, examineR by Blr. CIEITTY.-I am a bricklay In the April of 181 1, I built an oven for lr. Gotie in Whitectos, street. MY bill far it was 531. 1 conducted the flue of the oven to the chimnney of the back parlour, beliind the shop. The oven was in the cellar; and to make it comulete, we bricked up the fireplace in the back parlour. Cross-examined by MIr. SCARL.ETT.-Gottic employed me to put up this oven on the 4th of April, 1811- The house was at that time emipty. Re-examined.-I put Gottie in prison for my bill. I saw Gottie on the premises several times after I had done the work. Thiomas iMitchell, examined bv the A'rToRwEXEY-GEnRAx _I was acquainted with Gottie in 1811. I rerollect his going to his house, in Whitecross-street, in that year. I had at that time some money of his in my hands. and hie desired me to pay 401. tbr hin for the lease of his house. 1 did so. I am a grocer and cheesernonFer. I supplied hin with a parcel of buttei and sugar to the value of 71. I never supplied ntim with groceries in WVhitecross-strMeL I supplicd hitn more largely when he lived at Shadwell than I did wi,en he lived in Whitecross-street. When he left Slhadwell lie owed nie 1041. Cross-examined by Mr. SCARLETT.-Gottie was burnt out at Shadwell. For that flre at Shadwtell, which took place about a year before he came to live in Whitecross-street, I received' from the Phcenix Fire-oflice 2501. for his creditors. That office refiused to pay the mosey to Gotcie. I paid myself out of this sum of 2501. the 1041. which he owed me. I gave him the remalrder in sums of 101. or 201. each. I gave him nothing after the fire in Whitecross-strtet. George Menchie, examined by Alr. ADOLPEHUS.-I knew Gottie when he lived in 1Vhiteccoss-street in 1811. There was little furni- ture in llis house. I slept with him two or three nights. These were on the bed two bl2nkets. I do not recollect that there were any sheets; I think there were not. There were two trunka in, the room. In the parlour there were a table and some two or three chairs. I do not recollect any looking-glass in the house There were cups and saucers and a tea-pot. I never saw any boo6 on the premises, but a very small German book. The whole value of the furniture did not exceed 161. in my opinion. Cross-examined by MIr. SCARLE TT.-_I was Gottie's apprentice on trial at Shadwell. I was burnt out with him there. I slqpt with him at his house in WVhitecross-street two or three nightsbre the fire. lie opened the shop there about three weeks beore the fire. I did not sleep at his house on tho night on which it happened, because he said that he wished a young man of the name of !Sabba. ton to be with him for the purpose of making biscuits ; I therefore went home to iny father's. On the next day I went to the shop and found it burned down. I saw Gottie in the neighbourhood, and he told me that he had escaped by aback window 1rom the fames. There were not more than two sacks of flour at the time on the pre- mises. I cannot say what they were worth. He told me the next- morning that he did not know how the fire had taken place; he ra- ther suspected that the oven hadburst." inMary Pegge, examined by Mlr. CHRITTY.-In 1811, 1 resided in Shrewsbury-court, which is only two doors from the house in which lGottie lived. I recollect the fire of his house. He came to our house that night, whilst the house was burning, in a great frigbt, and with nothing on but his shirt and smaU clothes. lie had nothing with hiim but a small truak. Cross-examined by Dlr. SCAARLETT.-A yowg man came into, my house along with Gottie, on the evening of the fire. He slept at my house for two or three nights afterwards. hlaria Pegge, the daughter of the last witness, corroborated, in all points but one, the testimony of her mother. In the trunk- wvhich Gottie brought with him, therc were some clothes and af&w halfpence. On cross-examination, she stated that no person came alon, with Gottie to her mother's house. Xl illiam Kemp, examined by Mlr. ADOLP.1Us.._ I received 71. from Gottie for coals, delivered in Wi'hitecross-street, a short time 4efore the fire. I do not know, from my own knowledge, that these coals were delivered. I only judge that they were so,from an entry made in my nmaster's books. The ATTOR'rEY_GENERL said that was his case. Mlr. ScArLETT observed, that upon one of the pleas therewas a coimplete end to this case. The plaintiff in his inventory had put in a claim for 1501., on account of his furniture; and one of his own wistnesses had proved aU the furniture in the house to be niot worth nmore than 161. or 181. A person who had lived as servant with the plaintiff, and was therefore likely to kiiow wlhat property tbere was ini his house, had proved that there acre no sheets to his bed e and yet there was a claim for ihe lOSs of four sheets. Another person a proved that he had never seen any but a stmall German book in e ouse; and yet there was a claim for various German and Eng- ish books; for two Bibles; and Ibr forty numbers of a commentary The ATTORNEY.GENERAL said that it was possible that all the books might be in the bouse, and yet that the young man had only seen one of thiem. The LORD CHIEF JUSTICE said that it appeared to him to matter little how that point might be. Did t Ie ,reA counse 'i7i_lcb,zJ.-O,p. v. ,,cVIUpsmJon t at econ ci. M11r. SCARLETT continued. Another witness had proved that he had sent in 71. of sugar and butter, aned vet there was a clairm for 571. fbt sugar, spices, &c. Where was the grocer's bill who had sent in this stock ? The ATTORNEY-GEMERAL thought that it was too much, after 12 yeats hadelapsed, to expect that he should be prepared with every vouchier for his client's demand. The LosnD CHIEF JUSTICE.-" lVhose fault is it that 12 years hare elapsed before this claim was made ?" TheATToxErY.GENERAL said, with his Lordship's permis- sion, he would endeavour to carry his case a little further. The witness Menehie was then recalled. On his re-examination he stated that at the time of the fire there was about a chaldron of coals in the cellar. In the shop there -ere a few pans for confectione- rv; but there was nothing i;u t;em but a little raspberry jam. To judge from what the witness saw. there was nothing like 671. worth of groceries on the premises. He thought that he must hl ve seen such a stock had it beull tbere, but he never did see in. Joseph Sabbaton was then putinto thex jisess-box. lec deposedas follovis:-"' I wasoz tbe premisesof theplaintiffonthenightofthe fire,in 1811. lhadbcen theretwo or threetiniesbetore. I donotre- memrber seeing any groceries on them, There was some flour, but I cannot say how much. There were jars and rolling-pans: I do not recollect whether there fas or was not a water-but. There was a good oven and several fixtures." The ATTORNEY.GENERAL was afraid that at present he could not carry the case further. The LoIRD CHIEF JUSTICE.-4" Will you go to the jury upon it, or be called ? The ATToRN -(}GEXEAL said that he was in bis Lordship's hands. After the strong opinion which his Lordship had express- ed, he should be unwilling unnecessarily to persevere. The LoaiD CHIEF Justice admitted thathe bad a strong opinion upon the case. There was a large claim for fixtures: it was not proved that there were any in the house. There was .nother large claini for groceries, and it was proved that there was nothing but a little raspberry-jam in the shop. Besides, the action had been al- lowed to sleep tbr nearly 13 years. W'ould the learned Attorney consent to be nonsuited ? The ATTOR,trEY-GENERAL consulted witlh his client, who ex- pressed a desire that the case should go to the jury. Mr. SCA5nLETT began his address to the jury by stating, that after what he had already stated he did not know that it was neces- sary for bim to add another word. Be was proceeding to makeano- ther remark, when TheATTORNEY-GENERAL rose and said, that for once he should act upon his own personal responsibility. If his Lordship were of opinion that he had not mrade out the particulars of hi. client's caim, he would rather be called. rhe LoaD CHIEF JUSTiCE declared, that lhe was of opinion that the particulars werenot made out. The plaintiK was then nonsuited. Before a Common Jury. SW IFT V. T_tWAITES AND OTLERs. MAlr. RCCHARnS5 opened the pleadings. Tlie declaraiisn stated that the plaintiff had been assaulted and falsely imprisoned by the defendants, Henry Thwaites, Arthur Charles Luffinan, and feter Young. The defendants had pleaded first, the general issue, not guilty; secondly, that the plaintifhnd come to the house where the defer;dants carried on their busiess at an unseasonable hoir, and had behaved in so riotous and violent a manner as rendered it neces- sary for the defendants to use force to get rid of him; then four other pleas, varying the terms oftheesecond plea. The seventh plea snated that the plaintiff had assaulted the defendants first. and tbat they had only acted as they afterwards dit in self-defence; and the eighth plea clharged a prior assault on the part of the plaintiff on v servant of the defendant Henry Thbwaites. The plaintiff, in his re- plication, denied the truth ot tbese pleas, and thesepoints the jury was em1 annelled to try. 'Mr. 13ROUGH1 s stated the plaintiff's me. Tbe plaintifF was a person of great respectability, who had served for nine years captain's lerk in tle royal navy, and had since been engagcdl clerk in different msercantile houses. He bad been occssiona, in the service of a person with whose name they were all acquainted- namely, Mr. es-SheriffParkins; and that gentleman had employ. edjim pretty constantly from the 1st down to the 17th of AprI, 1823. On the 17th of April, the plainiffhad been going about all the day woith Dlr. Parkins for the purpose of serving different indi- viduals with subpcanas to attend on a trial in which Alr. Paekin. was a party, but with which the jury had nothing to do wbat. ever. Between 10 and 11 o'clock in te e evening of that day, theo plaintiff aiit Mr. Parkins were passing the office of theMorinig He-. rald.. Seeinglihts in the windows, Mr. Parkins, who had lodged with MIr. Thvaites certain papers for the purnose of publication, thought proper to step into the .hfoirni,g fleraldofllco,inorder toreclaim them. hlis calling there at such an hour would not excite any surprise ir; the minds of the jury, when they recolleeted that, as a iseorning paper was usually gt Up, as it was technically called, at night, the only ctain time o t' finding the Edim itor ofit at oiis officewas en he was just preparing it for publicaion. Onbeingaadmitted to Ir. Thwaites, wio is the proprietor of the AMorning Herald, thee plaintiff Swift asked, and asked civily, as he was informed, lor the return of Mr. Parkins's papers. Mr. Thwaites did not deny having these papers, but said, that ho had not ha d art opportunity to read them, Dlr. Parkins then said, that hn wanted thuem iniuediately for a particular purpose; on which Mlr. Thwaites altered his tone of conversation, and said that he had niever had them. M r. Parkins then said that it was very bard upon hitn to be deprived at that momnent of papers which were particc . larlv valuable to him. What other conversation passed between hiii and Mr. Thwaites, h e did not know; hut be shouha-Produce proof ttiat nothing uncivil to Mr. Thwaites liad ever been saId or dbnte by the plaintiff Sift. On a sdder, wliilst the conversation wasogo on between Thwaites a an d Parkinn and Swift, Thwittes rang his bell; anda, on ttIe doer of his roolm opening, cried out in a.. loud voice-" Comee al of yon down here, and tnrn.theseJellows out." On this cry being heard, the whole estiblibiinent of I the Morning Herald, some in their working-dreses, and soeae in theirhal res bbre down, anta made a ,!oleht ltaekUPf,, Swift andl Pa?Im!SI. e would, however, confine himself -to tth,e assault made uIPo SwIft. They first fluns himdonnefietf -r; adk on on nslih f tis Hete falling on the landing_ lace, pushed him to the ground. ,H hnendeavoured to get up, wh'en they forced him down again, and fltung him another flight of 3tairs. On reaching the bottom of the staira, they pushed himsalong the passage into the. street, and tUCiilOOthstrttntth6 watchhouse. The while of the de- en ~ iilowa....Twaites, LufFmAn, and Young. If there were any ohers ther n es~ were unknown; and if such ~stie were prouce togiv adifTerent oDlouring to this scepne oi Outrag, it ough tobe clletedthat they were substanitiaily actorsq in it. Whist wit ws i te watchhou-te along with MVr. Parkins, a medial an ws Snt for, to examine the injuries which they had receved.Afte hehad adminitstered somRe relief to their injuries, thywr lowe to leave the watchhouse in a coach, into which they weme not able to mount without the assistance of the watchimen. The next day they were crried to, Bow-stret, when Air. Thwaites Attend'ed,tO Prefer a charge ag-ainst them. He did nzot, however, charge thlem with an assault, but with a riot. Thie magistrate ob- servingthatt there were only two persons charged, and knowing, which M1r. Thwaite .id not, that three persons were requisite to rnakearot askd r. Thwaftes to reconsider the nature of the chage hic hewaspreferring, and to iee whether be could not ~rebrrehage f asaut. Upon that hinit, one of the party imme- ateyju0e. ts ad said, "1Oh yes, we can fetch a man who can Prornns~ul.~t heythe wetaway forafew mnoments,and return- ad wthaa, ho aidtha i clothes had been torn and himself ~auledb'~!r Pakin. Both parties after some discussion, were undove toappara the sessions. The sessions came; no bill waspreentd aaist his client to the grand jury for an assault, neithPrwa-1 any meaure subsequently, taken to prosecute hiin,. Fromithat circ-umstance they would be able to judge whether there was anY truth in the story of his client having committed an assault uPon Air. Thwaites If Ehere had been any truth in it, there would have been no difficulty in proving it; but the Plainl matter of fact was, that the idea of an as-ault never came into Dir. Thwates's mn~d until it was suggeste to him by the magi9strate as a good substitute for the charge of riot, or until it was3 recomnmended to him by hisi special pleader as a good ground Ofiutstification. le would now read to them tbe words it, whicii that justification was couched. They- said that they only "1pulledl arid dlragged the plaintiT, trod, tTampled and jumped upon his bodyA tore his clothes, and bruised hils botAy severely," because ha had Ar3t wssaulted them. Now this was an admission that they had ed nddraged him; that they had trod and trampled upon his MoY; tathe had tornbis clothes; aridthat they had bruised him seee- I then, he should prove that his client had never as- SaC M.Thwaites--and the probability was, that a weak man li-ke hi, S,n would not maea wanton attack- on the whole effec- tive strength of the .Aforinig Herald-what compensation wouild theY think sufficient for the injuries which his client haa sus- tained 7 HIe would tell them what those injuries were, and What serious consequences they had entailed upon him. Be. s, es bieing' tilety bruised all over, his knee-pan bad been P;t (uth3at inejnur had confined him to his room for six 'Woekas; end thocug he was now much recovered from it, it was likelY to affect him more or less as long as he lived. He woiuld Prove these facts, not only by the ev-idence of Mr. Parking, but of Other persons, not only tchose who had seen) the conduct of the de- fendlants in the street, but also of those who had seen it in the 'watchhause. He would call the surgeon to describe the injury tlhhis client had sustained, arid he would then, after they had VW1-2iiced bis witnesses, leave it to them to determine whet comipen- sattOn his clientoughit to receive in damages The first witness called was, Mr. Joseph WVilfred Parkins. As sMon as he entered the borc, Mr. SCAitLETT put somae questions tn him foz the purpose of extracting from him that he had an interest in the cause.. He swore however, that he did not bring this action ; that he did not furnish tie mioney with which it was brought ; that he did not expect to shar e in any profits to be derived from it; aiud tha Swift was not atpresient his servant. He was then examined by Mr. R;cuAams, andl deposed at fol- lOWS :-~I know Swift, the plaintiff, and alsoe M1r. Thwsites, the de. fendant, in this action. On the 17th of Apri, Swift was in smy em. Ploy; he had been employed with mie all the day, in hunting outper. sOMs on whom I wished to serve subpz2nas for a trial in which I was ifl;~erested, and which was to come on the next day. About 11 or 12 e clock at night, I was returning home withi the plaintiff. Seeing lights idi the window of the Mornipg AHerald office, I said to the plsinitiF, tfhat I would go up to Itir. Thwaites, and ask him to return to me some papers which I had sent him. I 'went up the stairs to Alr. Thwaites's office. The office-door isi about the length of this table (about five yardsl from the landing place; and when you gee to the door, yu have labt the same distance to w2~lk to Dir. Thwaites's desk, at which I have often eat and assisted him with communica- tionsfor his piper. (A laugh.) I found Mr. Thwaites in theroom. I spoke to him in myusual famuiTarmaniner,forI wasonvery friendly terms with him ; I gave him the compliments of the evening. I said to him," Haveyou thelettersi which I gadve you about Byrne, that Ire- maived from Iieland 7" He semed much alarmed and-agitated at the question ; I think he was Intoxicated, and I amn sure that I smelt liquor. I said to him, "I hope you have not put papers out of the way that are so invaluable to my character. I hope that You will send and get me them." When I first asked him for these papers, he said that they were not at hand, or that lie could not find them. I addressed him in the mostecivil manner Dossible, and without the slightest hostility. Indeed, I never bore him the least animo'Ity After AMr. Thwaites had given Me that answer, he pulled the bell. Thinking that be was then sending for my invaluable Papers, I pulled off my hand a new glove, which, by the by, had cost mne four or five shillings the day before Ca laugh), and laid it on the table, against which [ leaned. Shortly after a pearson came down in his shirt sleeves. Mlr. Tthwaites then said in aloud voice, "1Every one of you conmc down here." Before he said this, nothing angry had passed between us. Swift had not even said a word ora syllable. WVhen MVr. Thwnites desired thist person to coDme down. along with several others, whose namies I do not kniow, bui whose persons I can recognize, I said to him, "W Nhat dlo you miean by all this, Mlr. Thwaiten ?" Before I could get the wordi out of MY mo"-f- - al this posse of men, with some of the re. knx.. conming boun ii 'itefiil and there was no pos3ibisij, .,.~-.cmrxditnediately laid lhold of this little man (Pointing to Swif), a more imean and in. significant loo'king fellow than Thwaites himself, and dragged hime away from the room, whilst I wvas defending myself as well as I could against the innumerable airrs which were raised against me r.heard a groan shortlY aLfterwards throughi the wainscottung of thr room, as if some persion had fallen down stairs. I never saw Swiftl agan till r inet him in the street; for I was so fortunate, from my strength Of arm, as to Prevent myself from being turned'out on tht first attack. I was afterwards forced out, ana pushed dowea stairs I laid hold of the bannisters, but the pressure of lthi crowd wai go' great that it force-d nise to relinquish my gmap and hen wa Pitched over the bannisters on to the floor, I found Swift there; they were strUggling with him, and kickingbhimd in the same brutal manner that they had kicked me, I conceive that he must have experienced dreadful kicking, tat I (lid so myvelf. Indeed, I was scarcely able to stand. Before the watchnman appcared, I had suffered very great ill-treatment; and one man was particularly officious in mraltre-ating me. I am very stronF in the arm, but though he kicked and best me much, I still contrived to keep hold of him by tht: neck. In the Meantime they had pushed Swii ft out, and were busilY engaged in assaulting me. kept hold however, of the fellow whom I ~had seized by the nieck, and CaLIed Out for th watch. The watch came; they saw my cruel situation, and one of'them -as so affected by it as to allow rue to sup- ort myself on his shoulder. There is a rman standing in that box (pointing out an individuallwho was particularly actiie-his name I could not get. The morning afteraths outrage the unfortuniate man Swift and myself were not able to walk any where. WhIen we got to the watchhouseJI heard the names of Luffosan and Young mentioned. I was carried to the watchhouse, for I had not strength to walk there. I saw the plaintiff Swift there; I scarcely know wvhat passed in the w4tchhouse, as, I was almost in a fainting state wh!lst Iwas thiere. I did not attend to any thing at first, as I was in such excessive pain. I remained in the watchhouse till they sent for a surgeon to bandage up my thigh, which I was afraid was broken. H came to Ine, and did what he thought necessary. The next mermitig I vwas conveved to Bow-strect. There was no charge made at Bow-street, until Mr.- Thwaites said that Mr. Parkins had brought a prize-fighter to his office in order to intimeidate him. The ni itrate looking atSwift Baid,"4 YOU do not look mnuch like a prise- figfter,Z Sir." They then brought over a little ragged fellow ot the nanic of Young to the magistrate, who swore that he had been assulted. If you want to know the precise nature of the chare, the mgistrate who took it is in Court, and will tel yo baterthan I ca. I was bound over to appear at the sea.- alons. I am sure that Swift was much hurt. C~rossexamined by Alr. SCARLETT....I gaVe SWift 2s. a day as wrages. As he had suffered so much in mnv service, I gave him some addlitional remuneration. I kept no memorandums of it ; but I think that he has had of me about 301. I think he has had about a gueaa a week fromn me to mnaintain himself during his dimeiujties. I have given him emploviment in cons3equenice of the injuries which lie he then received. lV'hat ernployment is it ?-It is emnPloyment which mighit be dis. pensed with in an hour. What emPloYment is it, Sir 7-W'hat emrployment, Sir ?Iws the man were here to answer that question f5or himself. 71ws He is, the plantiff, and, as you well know, can't aniswer. You are the witness,and must answer. Whbat employment was tHi employ-ment wvas so temiporary that lie might bediormissed from it in, no time. (A laagh.) What was his employm-ent, I ask you again ?_HCI manages nmy letter-book ; for I have a numnerous correspondlence to all parts of the world. I lhave affairs to settle, whieh will not be settled for mayf years. (A laugh.) lie is as 9god ant accouistant as anver son low. Ile is engaged in looking after sonic 250,00di which I have upon an African islaind. oo0C5r,- Whbatlhour was it whenYou called atthe Mfornin~g Heral,doffice? -About half past 11. Will you swear that it was not pas-t 12 ?-I will. Did you talk to Dir. Thwaitezi uon that oeasron as much~ and as L"At syuddt-a ?., Id.id no; for Swift went along with 1-e dA Mugli.l sli'd Swift aloug with you ?-..Because he had been with me all the day. eshad been along with me to Sir C. Aelderson, about sonic election bUtliaRs,illto which some crafty indi. viduals had wished to entl ap us. WVhat wras the place that jon came from last, I mean before you went to the Herald-office ?-I am not certain. What was the street ?-I ani rot certain of that. Do you mnean to asy you can neither teDl the plzce nor the street ? -I do. WVere you sober ?-Yes, I was. The time of night, the variety of things which I had beenl doing during the day, and the numiber of witnesses whom I had been entdeavouring to subpena, prevent me from recollecting what place I had left last. What, were you servinlgsubpjenas at ll o'clock A night ?-Yes, I was trying to do so lYhere is ,Vr.Thwaitez's private house ?-I do not know ; I never was at it. Had 2ny thing appeared that day in the Morn big Herald that rnade you Kg about thoseletters at that unseasonable tinme of night 7. I dont't think there was. Upon your oath, did not Ir. Thwaites desire you more thau once to quit the room ?-_fe never did, that I recollect. After the ball was rung, and before a band was raised against you, was not you desired several times to quit the office ?I an- swer, no. - New recollect, your words will be taken slown. Upon your so- krn oath, were )-ou requested several times to leave the heuse, und (d that ifyou did llOt, you would be turned out by force ?-Never, %ever. -Did not Siftl say that if any person should dare to lay hands ,*a-rlr. Sheriff Parkins, he should have reason to repentit ?-No, I -fcr heard of sucth a question as you have put to nic: he is a ,sginsigniicant creature. piid you not yoursdf throw a man over the tairs 7-I did not pD-oIU Vto yourself knock down more than one individuw ?._ N,Inever UiW miy hana against any individual, except to defend 'Did not the constable insist upon taking you to the watchhouse for a riot ?-I saw no constable, I saw on ly a watchman. I repeat the question, did not the constable-you know who I miean-did not Dallas insist upon taking you.to the watohhottse ?_ Not thiat I know of. Did you not sitrike at him in the street ?i-Niever. I was inca. pable of striking any body. When I was forced down stairs, I was so4 inl that Icould scarcely manage to get up. I was forced down, and then I was strucek and stamped upon. it was a shame that an Englishman shouldI be so treated but it was one consola- tion, that the persons who so treated me were not gentlemen, and most of them Irishmen. Is not MVr. Thwaites a very infirm man ?-N,o, Mr. Thwaites is a s.mallman, but he does not evince any infirmity, lie is asmart ac- tive man, anid larger than Swift. Oni his re-examiniiation by Mlr. BunOUGHA31, he saij, that hie had been looking out on that day for witnesses with regardl to the Berwick election. He had calledi on MVr. Thwaites at the hour he did, because that gentlemnan had told him that it was the hoiur at which it wast most likely that hie should be in the way. He had written articles for Mlr. Thwaites at so late an hour as two in the morning. Thomas9 Emms, examined by' Mlr. BROUGssAs.-T Was a Watch- man in Catherine-street, Strand, in April, 1822. On the evening of the 17th, 1 heard a great noise at the door of the Mforning Herald office, between ii and 12 o'clock. I therefore went up to it. The door was then shut- When it opened, I sawv a usiob of persons amiong them was, Mrl. Parkins and Air. Swift. Somne of the persons I were in their shirt sleeves, and some in their coats. I saw Air. I Swift and MVr. Parkins., who both atppeared very lame. I supported Air. Parkins. When Mlr. Parkins c-ame out, I saw that he had a giona man. With regard to S wif't, I saw him pushied very much so, nrthat he was not able to stand. There were about a dozen persolns pushing Swift in this violent mnanner out of the door ; they did not seem towish to push him further. They pushied him downi Catherine-street into the Strand. When they came out, M.r. Parkins gave me the first charge. 1 heard several persons crying out, "1I insist on their being given in charge," but I can't say who thev were. I took them both down to the watchhouse of~ St. Miary. le-Atrand. Whien I got there, I found there Difr. Shirriif, the con- stable of the night. I do not know the persons either of Thwaites, Luffmnan, or Young, butlI heard their names mentioned in the watch. house. WVhen Swift got to the watchhouse, he was not able to SDeak, and he was scarcely able to move. I gave in the charge vwhfch I had received from Air. Parkins ; but the niglit constable, Who was there for the first time, and seemed to act under the advice of the street-keeper, took th-e charge of the other partv. A surgeon was sent for, who did siomething to Mfr. Parkins anda Mlr. Swift. Cross-examined by Mlr. AiDoTpHus.-I was the first person who got to the Herald office, in consequence of a call wvhich I heard from the inside of it. At no part of the scuffle, no watchman, patrol, or constable, was present but myself. The watchman came up in the Strand. I took- nobody to the wratchhouse but Mr. Parkins. I sprungz my rattle at the door of the Mforning Herald of*lee, but no watchman camre till we got to the Strand. I took nobody belonging to he ornng erad ffie t th wachouse, though one of them was ive inchage y M. Prkis. amnot alwatchnian now. I went mange buines fr siterof ineinDen'mark-court, Strand. to I hve ine qittd hatresdece.I ever saw Mr. Parkins at Denmrk.cure.I do't kow t at y ae seen Mr. Parkins since the day I attendedI with him at Bow-s-treet, except to-day; and when I attendled here for him at the sessionsB. I have not called upon hiim, nor hias he called upson me. Alexander ShinrifF' examined by Msr. RicHARDs. On the night of the 17th of April last, I was constable of the night in the watch. house of St. Mlary.le-Strand. I recollect the parties to this action coming to the watchhouse. Mlr. Parlkins was very lame : so, too, was Swift. This is the book of the charges. I entered in it the following chbirges :-" Arthur Luffinian charges Mlr. Swift and Air. Parkins with msking a riot at No. 18, in the Strand, in the hiouse, at half past 12 o'clock in the evening." Signed A. C. Luff'man ; endlorsedl A. ShirrifF. The witness then read the next charge-"1 Mr. Sheriff Parkins charges Arthur Chairles Luffman and John Ryan for having severely assulted him in a very gross manner by throwing him down stairs and in other manner." Dr. Stanton was the next witness.-I am a surgeon in the Strand. I was called inkto the watchhouse on the morning of the I8th ol April, to see a gentleman, who was reported to have his leg broken. I found Swift in a state of great pain. There were two or three wounds on the patellaor cap ofthe knee. I sent him something to apply to it. It is probable thzttlie wound would not preventhim from walking; bunti was necessarv to keep himn in quiet. I attended him for a fortnight. A great deal 'of inflammation came on, and he was confined to his room for the whole of that time. I saw him afterwards, when he told me he was so poor that lie could not pay for a surgeon; but mnust go into a lhospital or dispensary. Cross-examined by Air. SCARLETT.-I called on Mfr. Parkins to obtain remuneration, but he told me that he would not give it, as Swift wras not a constant clerk of his. Robert Shearsmith,cxamiRed by.Mr. RsCHFARDs.-I am a watch- smnith. Swift lodged at my, house about the 17th of April, for five or six weekq'; he found the utmost difficuaty in walking about the house, and does still. His trousers were completely cut across the knee, and his hat was completely strueck outof shape. Cross-examined by Mr. SCAutLETT.-I knzew thzat Swift was em- ploye for some time as a ctrelerk to M1r. Harmer: he was afterwards patill employe by Ir Hayne. Thswas thle cas for the plaintiff. Air. SCARL-ETT wishied to know against whom his Lordshiip thought that a case was already made out. The LoanD CastEr JUSTTicE.-A case is made out against Thwaites and Luffmaan ; boecertainly not against Young. Mfr. SCAHLETT commenced hiaspeech for the defence bymaking several observations upon the evidence of Mr. SherifF Parkins, a gentleman whose evidence he held to be as light as hie considered his purse to be heavy. The plaintiff might avail himself with the ad- vantage of his witness's purse; but the experiment which he was now makinig would, he trusted, convincehim of the positive inutilitv nf_.Nlr. Parkins's evidence. For his own art, he had little dou6t ithr. eAL.this action was the_.&ction-,.0fV -rr t.i 4X~tqii: standing that circums8tance, he still believed the action to be MVr. farkins's, and he would shortly tell them why. it was in evidence that Swift had declared himself to be so poor that he couldetot pay asurgeoni's bill. If suchwerethecase, wasgit like- ly that he could afford to pay an attorney's ? And if'he could not pay it, who was there to-pay it, but the public-spirited Mr. Parkins, who had so zealously come forward with his testimony upon this oc- cain?He solrojpcedto lay a case before thejury, from which it would appear, If his witnesses were worthy of credit, that AMr. Parking had not only bee" guiltY Of a mnost uinprovoked and in- decent assault on Air. Thwaites, but also of wilful, wanton, and de- liberate perjUTY. Mr. P'arkcins, who had shown himsself a very adroit witness in some respects, had yet to learn thie necessity of tell. inga stor.ythat was probable and consistent with itself. le had not gziven the jury, a very satisfactory account of the reason., which in. duced himn to go to the H1erald office at, a time when, lie knew that every body there was extremely busy. and when, according to his ownaccunt hewasno essbus in.heseringof isown subpte. ass.He ad aid too tht h wa on he erm ofthemost perfect friedshp wth r. hwates,andhadinsnuaed hathe wrote the in the office ~ ~ ~ ~ ~ h st ow Mtr. Parkins, who hadl before shown sundry signs of imps. tieuce, here interrupted Mr. Scarlett, by saying, - I did not sit down there, I never said that Pdid: there was no chair in the office. Mv~ Lord, I am surely not to be libelled in this manner ?" lPhe LORD CHIEF JUSTICE.-'-'. No-body is libelling you, Mr, Parkins. You mistake the matter entirely." MNr. SCARLETT.-Well, thea, Mlr. Parkins did nut sit down; but he has the indecency to sit there and to rewark and liste~n- Dir. Parkins._-.. YXou are stating untruths, Mr. Scarlett. I shall not stay in Court after I have been charged with perjutry by that fellow ihere," pointing to MVr. Scarlett, and at the isame tinm miov- ing out of court. After a short pause, however, he returnled. Air. StVARLETrT continued. He could hiardly believe that any manl, who -as in possession of his senses, could have the audacity to tell a story so Valtiably inconsistent as that which hadl been told by tis ealus stnss.He had told them that he was talking ami- cably with Mr. Thwaitee, wvhen that gentle-an suddenly rose, calmly rang the bell, and without any provocation gave orde-rs for the violence which he had rietailed to them. IVas such a story probable ? Would any man, except it were the witness himself, whose conduct was not to be judged'of by ordinary rules, Ihare acted so extravagantly I' Then let them consider the story whith he had told regarding the wonders *he had effected by his Sampson-like strenigth of arm-the manner in which he had seized a person b' the lIe sod carried him into the street. M1r. Parkins....I never said any suich thing. 3Mr. SCAPLETT...Let them also consider the extraordiiiary tale which be had, at the same time, told them Of his being so weak at the time when the watchbana came up to them, as torequire the support of his shoulders; anid the lebhmaktesfe o thley could receive or credit the tesioyo uhawtness. But all these observations, though not ipriett h su they hadto try, were not relevanit e htve ftecs hc i had promised to lay bef'ore them. Thyal ne ha h na eso Byriieandl`arkins were destined tosi ontesra ffame, lp~ 'nrrfetharmonly, at least i niaecnein ihec ohr 'Ite mouthof April last r akn a s eat erti statements relative to that individultth Mornn H eral,ainni of which had been publishied, and some not. Of these M.Twie thought it requisite to retain a portio for some time fo is own de- fence and security, in case they should be impugned as iiicorrect. On the evening ot the 17th of April, Parkins called along with Swift, and demanded that all of then, should be immediately' returned to hiim ; declaring at thesamne itnme, withl great violence, that he -would not leave the office without them. Mlr. Thwaites, observing the violence of his conduct, and also that of the myrn.idon -whomi li'e had brought along with him, eras afraid that the liad comie for, the pur.. pose of assaulting him. HIe therefore rang ~is hell, for tile purpose of- having siome person presenit whilst he desir-ed them to quit his preise. Oe o tw peson cae n, before whom he aine- ~'heyaidth~ andthe pesentplaintiff to dep,art quietly. they ouldnot.Theywere then told, th at if they did ot epat qietl, tey oul beturnedI out by force; upon whic Swit sid-fr h wasvalint nderthestrong arnn of M5r. Pacias.-"Yo (lce ot oryou liestoh M hri i4t5 P....ino,: 'iensa ue nos mdbytis aleration sevemal Persol came wn stai s itir ehirtsle e as had been described by Mr. Parkins. He andd Ilis friend were again requested to move: again tleey refused ; and as that was the case, and as no disP position to stir appeared on their part, one of the individuals bc. onging to the paper took up Mr. Swift and quietly listed him out of the room, whilst another persoa did the same by M r. Parkins. As soon as that individual was forced ont of the room, he began to make a most violent resistance. Hec pushed one of the persons near him down tbe iirst flight of stairs, and knocked down two other personsi who were near him. Mfr. Parkrins had for some time been grinning and moaking faces at Mr. Scarlett; at this part of hiis speeclh he attracted the attention of the learned counsel. Alir. SCAntLETT continued.-" You see, gentlemen, the beastliness of his grin; you see the indecencies which he has this day com- mitted in court, and you may judge from the specimen he has given you of the indecent, offensive, and unbecomning ma:;ner in which he behaved himself to Ir. Thwaites." Mr. Parkinshece case. and expresised his intention of leaving the court. He at the same timne said something' which we could not hear, but which excited an audible 1iss in tlhe court. Air. SCAnLETT continued with his statement. Dlr. Parkins, after knocking down two individuals, threw down with great violence one of the defendants to this action,'Thomas Young, who-had not inter- fered in the affray, and who never went out O" the house that even. ing. He was then forced, with his comparion, Swift, aU the way dow stairs. Wben begot down stairs, thiey fought and struggled in the pasasge, and On beinggdrdien outofthepassage, fouaghtand stng. g l e d a g a i n a t t h e d o o r . T i i e w a t c h n s e o t h e i ' c a m e u p -t o t h e m i ff te sprngig tei ratle~ parolalo csnep.They then assaulted- thepatol,wh imeditel cnveed hemtothe watclbhotisw-voait on account of any charge made against them by bfr. Thwaites, but on account of the riot which they were makinng when apprebended. If he made out in evidence what he haed just stated to them, he was convinced that his I,ordship would teU them that the justification of the defendantsv was complete, and that they must have a verdict. He should now proceed to Call his witnesses. John Rob;eson, examined by MIr. AnoLLws.U-I was the printer. of the Mforaing- Herald in April, 1823. On the night of the 17th, I saw Switt gong into the room usually occupied br Mr. Thwaites, on the first floor, and 1 think it was after twelve o'clock, an hoar at which the editor, reporters, and printers, are tll basy. Swift open- cii r.11 Thwaites's door without knocking. I vwent into an adjoining room. I had not been in that room five minutes, when I heard a noise and squabbling in the next room. I could not hear what was said, but the parties apneared out of ttmper. The ringing of the bell took me into Atr. Thwaites's room. I observed Mr. Parkins smiling, in a manner peculiar to himself and with great derision, at Mr. Thwaites. Mlr. Thwaites said, , r desire you'll leave the room: you're stopping the business." They made no an. swer; but kept srmiling, and retused to leave the roomn. Alr. Tvhwaites gave as a reason why he wished them to leave the room, that he had beeR grossly insulted by AMr. Parkins. Tiier smiled at him again, when the ex-SherifF asked what it was a I about. He was again desired to walk out. A reporter then came in; he asked MIr. Parkins to go out. He refused to go, when eitlser that reporter or some other took Swift up and tirned him out. AMr. Thwaites did not go near hi ,. Another gentleman then took up Parkins, anid lifted hiam out of the room. I had gone oat of the room. Parkins ,s,sd Swift struggledl to get back into it ; tlhe former saying that he had left his gloves there. They were then pushed along. Parkins seized on Young by the collar, and tlrew him down stairs. Young had done nothing. They were then pushed along the passage down stairs. struggling and fighting all the way. Cross-examined by Air. BRoUGHAsr.-Mr. Thwaites does not live at the office, but he comes there at night about 10 o'clock. I saw Air. Parkins once before at the office, but not sO late as upon this occasion. I saw him in Dtr. Thwaites's sanctuary. Two of the reporters lifted out Swift and Parkins in a very short time. Re-examined.-I never saw Arr. Parkins conic with his myrmi- dons before. Air. Robert Bell.-I am areporter on the lforuiig lerald. I was writing in the office on the 17th of April in the room next to Mr.Thwaites's, when [ heard sucb a noise there as I had never heard before. I did not hear the bell ring. I went into the room, and saw ilLr. Parkins, 1r. Swift, and Mr. Thwaites there. I found them conducting themselves in a kind of sneeting and impertinent manser towards Mr. Thwaites, who repeatedly urged them to leave tiie room. The plaintiffand Parkins refused to do so, though I do not recollect the words they used. Soine persons came from the upper part of the house at that time. I saw a great strug- gling in the passage whilst they were attempting to force out these two intruders. They desired Ilr. Parkins to quit the place. I did not hear what he said, but he made a violent reristance when they endeavoured to remove him. I do not know Young or Luff- man by name: a great party of persons rushed down stairs: I went into the front Toom; I never saw Mf r. Thwaites in liquor in my life. He was not in liquor on that night. Cross-examined by Mi. RrcseAlDS.-I am not positive how many persoss were engaged in removing these persons down stairs; there might be eight or nine, or ten, or a dozen. Andrew Al'Donald, examined by fr.Quis.-I am a compositor in the AlMrnin- H.trald office. In consequence of the bell ringing, I went down stairs. Having got there, I saw several persons in Mlr. Thwaites's room ; I heard voices; I heard Air. Thwaites orler Mir. Parkins out; Alr. Parkins said, I shall not go out. One of the Reporters them brought 3Mr. Swift out in his arms, and placed him down on the landing,; Mr. Parkins was put out in the same way. .fr. Parkins feeling his dignity offended put himself into something of a lighting attitude. I then heard a crash, as if somebody had fallen down stairs. MVr. Robeson theii desired Prnkins to go away, but lie refused, saying that Ile wouldhave his gloves. After some struggling, the watch was called in. First one party said, " I give charge ;" and another party, '- I give charge :" it ended by their aU being carried off to the watchhouse, and by mv going off to my work. Alexander Cosway, another compositor, proved that Swift, on be. ing desired to quit the house, put his hands in his side, and proposed to fight. The witness also proved that he was assaulted by Swift and Parkins, vho pulled him along the passage, bumping his head against it as he went along. Walter Russell, another compositor, gave similar testimony. A beadle, of the name of Dallas deposed that he had found Swift at the door of the Morning Herald office in a fighting attitude- that Swif never laid himself down in the watchhouse, as had been stated on the otherside; thathetook Parkins andSwifttothewatch- house himself, on account of their riotous behavioar, and that he saw Swift the next day at Bow-street, who did not appear at that time to be very lame. I'he two reporters who had lifted Swift and Parkins out of Mr. Thiwaites's room, stated that they did not use the force necessary to accomplish that object until they had requested them, several times to leave the house quietlv. Mir. BnoUGHnAX, in reply, contended that the evidence which had been adduced on the part of the defendants had made out a very different case from that which his learned friend had opened, and was bound to prove. He argued that the hour at which the plaintiff had called on the defendant, in conipanv with Mr. Parkins-a person whose conduct upon this occasion he was not called upon to defend- was not an unreasonable hour, considering the habits and employ- ment of the person on whom he had called and said that nothing could be more fanciful, absurd, ant extravagant, than to say that either the plaintiff or hlr. Parkins had gone to the Herald ofice with a view of intimidating Alr. Thwaites, or of stopping the printing of the paper. It was in evi. dence that Parkins and Swift had made no noise&in lMfr. Thtwaites's room up to the time when they were lifted out of it. Now he laid it down as law, subject to the correction of his Lord- ship, that unless it was prove4 th:at they had made such noise the justification of the defendants liad failed. He calleti the attention of the jury to this fact_-tht there was not a tittle of evidence to contradict the evideuce of Emms, the watcbman, offic;and hecntnedta -th~want FlritAs incapablewof' b ftflalil: 1wt e wen r pto t oor or x1 ne iviurntng zferard office; and he contended that te waTt of contradiction to Emusns' evidence aniounted almost to a positive corroboration of it. The great feature, however, of the case was this-on one side there were two men; on the other there were twenty. Was it likely that these two men should be the aggressors? and if they were, had M11r. Thwaites no other means of getting rid of them than the violent ones he used ? He called on the jury to reflect, that Swift had been so injured as to be confined to his bed for nearlj six weeks; and if they reflected upon that circumstance, he was sure that they would give hin a suitable compensation for the injury he had sus- tained-a compensation to whichhe was pot the less entitled because he had not received any from Air. Sheriff Parkins. The LoaRD IEF' JUSTICE sunmmed up the evidence with Iiis usual abilitv. The Jury then retired, and after deliberating for nearly an hour, returned a verdict for the defendants. COURT OF K[ING'S BENCH, VZ3STMfISTER. AITT 9. THE KTXG V. LEXAV.