Sheriff's Court, Plymouth...
F Wfit ot inquiry was held this day, to assess damages for an as- sa,ilt committed br Mlr. George Fitzroy, an ensign of the 3d regi- ment of Foot Guaids, lately stationed int this garrison, on Mr. Ri- chard Oliver Backwell, ironmonger, of Deyonport, proprietor of the baths under Mlount Vise. Mr. Fitzroy suffered judgment to go by default. The record, which contained four counts, setting forth the injuries sustalnetl, and in which the amount of damages were laid at 5001., having been read, Air. B ipm commenced his address to the jury. The plaintift who appeared before them that day only asked fbr that justice from their hands which they might have themselves to require to-morrow. I His name was Richard Oliver Backwell, a tradesmat of Devonport- he was and had been for a considerable period the proprietor of baths under Mlount Wise in that town ; he was a man of the most unim- peached churacter; as a husband he was kind and aflectionate, and as a father he observed all the relative duties Incumbent on him. Such waa the man on whose behalf he addressed them. He would now introdace to them the defendant, andt he would do him as much justice as his learned friend; he felt for him asa mis^ guided young man. His name was George Fitzroy; he was an of- ficer of the Guards, recently quarterea at Devonport and as such bore n commission under His MUajesty. On tbe 1lthi of June last Mr. Backwell had visited the baths, and was on his return on coming up Stonehouse-hill, it Ahould be told them he was on horse- back; he heard a horse galloping; pregently gfter defendant came up to him; he said, "Mr. Fitzroy, wantd to see yo, and am glad of an opportunity of remonstrating with you on your improper con- duct; " but before he had power to finish his sentence, the defendant replied-" I am glad to see you, and to have an opportunity of lay- ing that you are a d-d and infamnous scottndrel, and I will pull you off your horse." His client then said, " If either of us be scoundrels, it is the person whosits on that horse." Defendant then laid hold of Mir. BacOwell br the collar, dragged him off his horse, threw him on the ground, ant his head fell near the heels of defend- ant's horse. On this Mlr. Backwell brought his action; de- felndant suffered judgment to go by default, by whlich he as good as said-1' Well, I have injured this man, I cannot defend it, and I must pay damages for such conduct." Such might have been the language of defendant, but he would sift this matter a little further. Perhaps Mr. Fitzroy considered that if he did not pae mit the offence to be proved in a court of jus- tice, his misconduct antecedent to the assault would not be called in question; but he shouldi state to the jury what circumstance led to the assault, Ile would call a witness, an old man, who would state eyery particular; (here the learned gentleman istated the nature of the vidence that would be pro(luced relative to the circumstances which led to the assault). On receiving this assault, had his client forgotten his duty to his family and friends, and chal- lenged lr. Fitzroy, what would have been the axawer?-" No I will not meet you-you area tradesman :" he would then ask, where was his remedy; if he di(i Rot apply to the law, which con- tracts the passions, and brings them into control? for did not the law afford redress for assaults of such a nature, the zesult would be, that as honourable redress could notbe obtained. revenge in a deadly state would most likely follow; for human nature could not put up with insults, andi not have satisfaction In some shlape. lle would now snticipate what his learned friend would urge in extenuation. He might say that his client had noble blood in his veins: indeed, every one conversant with the history of his country knew that the Duke of Grafton and his descendants had net only ntoble, but royal blood in their veins; and the defendant, he untder- stood, was nephew to the noble Duke. They woald be told of his rank, of the noble blood In his veins. To this he would answer, that the differeice in rank made no difference in the blood. It was recorded in lloly Writ, that the Almighty said," t-Let there be light, and there was light;" but would it be the case if the greatest monarch that ever swayed a sceptre were to say, "let blgod be noble, and it v/as noble ?" The idea would be scoffed at. These were the feelings when ignorance and superstition were tihe clains that governed the world. Hlappily, nesw the governed anti governor were directed by reason and law. Time was when the feeling existed that high or royal birth gave to its possessor the character of having noble or royal blood; but in the present day, it was known that there was no difference of blood between one raan aud another- between the king and the beggar. If the remaint of the heart- lesa Henry, or those of the headlesm Charler, were compared with all that was left of the victims of their lust or misgovern. ment, no difference could be found; or between the remains of a monarch anti a grocer of Cheapside, it could not be ascertained who sold figs or who sold his kingdom-between a chimney-sweeper and a king, their bodies would not discover who swayed the brutsh or the sceptre; sueh ideas were buried in the tomb of the Capulets, and jure div .u. was gone with it. No wish had existed on the part of the defendant to accommodate the difierence. ff he had come for- ward to plaintiff, and slated that in a fit of passion he had injared him, that it was his wish to make comnpensation for it, it would in- deed have shown noble blood; but the same feeling that would have preveRted hint from meeting iMr. Backwell in the field, also prevented him from meeting him in the field of reconciliation. Wlith respect to the amount of damages, they were laid in the record at 5001. He regretted that the Jury could not exceed that sum: in considering the extent of damage, they ought well to welgh the ex- tentof injury to the feelings, thev were not to be guided by the da- anages to the coat and shirt, or by the number of pangs or Froang, but they were to consider the outrageous manner in whichi his feel- ings had been injured. Let no high rank (continued the learned Gentlemean) shieldany man frorn Justice; teach, gentlemen, the defendant this day, dint though the blood of kin1rs is in his veins, he is not to trample on Justice or the liberty of hus country, which he (Mr. Bird) trusted would be co-evalwith the country itself. He thtanleed them for the patience with which lhe had been heard., and would now leave tile case in their hands, and proceed to call his wit. nesses. Jolhn Backwell, the son of thc plaiutiffl was sworn.-Thc Guards were in the habit of frequenting the baths. On the 8th of June he made a complaint to his father of the conduct of the defendant, and in consequence his father gave orders that he was not to bathe there again. Defendant applied to bathe om the 9th of June * witness told hi.n what his father aid; lie replied, " What ! is thie a pub- lic bathing-place, and you deny a gentleman hathing here?" Wit- ness said. "1 You have acted in a rnanner in which no other gentle. man would act; Lady Gaves bathes here; Colonel Coebrane a wife bathes here; suppose it had been Mrs. Cochrane, what would have been the consequence ?" WVitness then retired to the cottage to take his breakfast; defendant followed him, two or three minutes after, and asked where his father was? Wituess replied, " He is gone out on business for Barl Grey, otherwise he would have waited on you." He replied, that he met him coming down, and why did henot speak then ? Witness returned no answer. This was about eight or sine in the morning. lVitness then went and sat down to his breakfast, whien defendant said, " Youir father has made a fortune by the Guards, but hu knows that they are going away, and he can now get nothing more by them; but (said he) Iwill ruin him." Defendant was in a great degree of passion. He continued, " He would take care that Lady Graves. nor any of the Gsuards, or any other entleman, should bathe there." Witness said, " You have ruinem the bathe; the ladies say that neither they nor any of their frienda will bathe in future." Defendant taid he was very glad of lit, and would do so again. To a question from the Court, he did not say what he would do again. Witness replied, that proper measures would be taken to prevent him. He did not insult him either by words or actions. Cross-examined by 31r. GJrLLETT.-Ue knew the defendant as an officer of the Guards; he said to witness as he stood on the quay, " If you talk so loud, I will kick you off the quay." This was when he said what wonld have been the cousequence had it been Mrs. Cochrane ? lWyitness was not speaking load; lhe was standing close to defendant, and spoke only to be heard by him. The Guards had been good customers the first year, but not so good the second year. Witness used no other expression tb4n these he had mention- [ed. he was quite suire. 1 Re-examined by Ar. BIBuD.-lHe considered that Mfr. Fitzroy threatened to kic him because he did not like to be remonstrated with. John Pike was now sworn.-He was a pensioner in the army; re. membered being on Stonehouse-hill on hlis way to Devonport on the 11th of June last, about nine o'clock in the morning; he heard some persons talking behind, and stopped till they came up; tthey were on horseback; the first words he distinctly heard were from Mfr. Fitzroy: he saiil, "tD-n yeu, I will pull you off your hors-." Witness was about 15 yando off, Alr. Backweldhad one hand at the bridle of his horse, and with fhe other he held a whip: lie never atruck or offered to strike deteadRat.t AMr. Fitzroy then wheeled his horse left about, which, aiid fhe witness, few I suppose of you know. (A laugh.) Witness thbne xplained what he meant by left about. MLr. Backwell was to the right; detendant then seized MVtr. Backwell by the left hand and by the breast, and hauled hire oft Iis hotse; he fell, and his head was then not two, inches off thie horse's heels. Witness thcn ran tow'ards' them, and hea2T Mr, Fitzroy say moet ipg, bhUt could not' gayl wbhat. Uritness observed one of the Guarda present when the as. sut took place; .hlr. Backwell, calling to him, sa{id, "I shal} want you to give evidence on the manner I have been ill-used." The Guardst~ian replied, sI know nothing at all about It" Thc fall appeaTel very seQer; sad Arh Backvrdl said he was hurt in his back. Mr;Fitzror wslked-4ff quiet1y, and never ordereA the Guards. man toassist. Plaintiff's ' cothes were torn; his shirt and coat were torn on the breasLv Mr. Tipe, siargeon, s*6rn.-He attended the plaintiff: gavehim mediclne.for a veek. Air. GULLETT addressed: the jury for the defendanit, contendiug that there had been gToBs provocation. The learned gentleman de- nled that .Mr. Fitzroy wa a nephew of the Dake of Grafton ; he wa^s mrno distautly related'to his G3race. Tte'Jgry rplred, and was locked up three quarters of an hour, wvheRlhy ze~~turned into'oourt, end gave a verdict of 201. damages. SIIERIfJ"S COURT, PLYMOUTH, Ocr. 26. CURIOUS CASE OF ASSAULT.