Hereford, Thursday, Augus...
Before Mr. Juglice PAR} arU a ecial J;rij. tTns wtas an actien fbr an assault, committetl by Ar. G v Inneth son of Colonel Sapkville Gwvynne and Mr. Goodear, a rentlernaa of fortune in Carmarthenshire, upon Mr. Jones, an attor4e1 prstisi in the town of Ca-narthen. The defednS everally p1esale "not'guilcy," and appeared severally bycon sel. After the pleadings had been opened by M?r. RICUAI-DS. hlr. CAS3PnrLL stated the case on bzhalf of the p'aintiff, who sought to recover damages for a tuost aggra-ated and unprovoked as- sault, commiLted on him in the public theatreof Ca trtharen, in wvhici town he had practised asanattorney forseveral years- In thenionth of March, Mr. sJnnos itas obliged, ile the discharge of his proessional duity, to serve a writ on Mr. Gwyune, which lbe did in thc most pri. Vate antl delicate mnnner. This eircuntstance, to whieh aloneMr .lones could attribute the usaze whiich he received, appeared to excite great animosity in the mind of Mr. Gwynne. On thc 31st of MIerch, mnre than a fortnight atter the service of the process, Mr. Jones went to the theatre at Carmaithen on a night when it was very fullv- an(d resprctably attended. He found ir. Gwynne and hir. friend Mr. Goodear lying in wait for him, and determined to insult him in the most public manner. I n the lobby of the house he wsaaccostaw by them in terms of reproach, and kicked and collared by? Mr.Gwvnnc Who was encouraged andi excited by his friend. Not ontieDted wvith thi s outrage, the defendants followed hint into the box, loudly reproacned him wit0i the kicking he had received, and insuItei hiim in the face of the whole town. If the defewa_ ants, whiose rank and station ought to have taught them taore respect for themselves, chose thus wantonly to commnit an as. sault on a gentleman, andl if that assult was premeditated, unpro- voked, and aggravated by ever, s,pecics of abuse, the jury woukei teach tihen that suchi conduct would nat pass without serious repre, hension in a court of eqaal justice. David Bowen, clerk to the plaintiff. said-In Mlarch last Mr- Jintes was employed to sue iM r. Gwynne,on the part of biessrs. Blerriigton's, of Swansea. M4r. Jones directed me to serve the ro.. cess myself, as the defendant was a gentleman. The eoyv of the wrrit was sealed by Mr. Jones in my presence, and I kept the ori nal. I served the process on Mir. (iwynne, on the morting of aC 13th, privately, in his own stables. "When I showed him the writ, fie desired me to pit it ili mv pocket, as lie had, no doubt, a copy in the enc}ope, which would be sufficient. Cross.examined.-Mlr. Gwvuae is a young gentleman. Alr. jonea gave me no directions to write to him before he sued bim. Re-examine 1.-The cause of action arose or a bill of exchanige. Mr. (iwynne is a married nman. WVilliam Plush, one of the police of Carmartthen, said.. wras sta- tioned at the theatre on the 30th of Mlarch la3t. I gaw .Mir. Gwynne and Mr. (Goodear there between six and seven o'clock. The per- formance began at six. M?r. Goodear asked me if tr. Philip Jones, the attorney froni Swansea, was in the theatre. I told himn I thought he was. Upon this, Ar. Goodear went into the bo-es. About hlf, past eight, as I was admitting the half-price, I saw Mfr. Jones enter- teh lobby from the street. iNMr. Goodear said to Mlr. Jontes ip a violent tone, *' Comne here, Sir, I want to speak ta yotu." Mr. Jones, with sonme surpriue, asked, " 'itnh me, Kir?" Mt2r. Goodear repliedl' Yes, vith you, Sir; conme here" MUr Jones went to him, anEd they walked together to the lower end of the lobby. I saw no more for fve or ten minutes, when Mlr. Jones passed me in great haste, and Mlr. Gwynue followed him. -As Mr. Jones was in the entrance of the boxes, AMr. Gwynne struck- him behind the ear. Mr. Jones's hat fell offt, MIr. Gwynne collared him and tried to nush out hibm, into the street. At this moment Goodear cried out - Turn him oUt gize it him wel., a d-d scoundrel ^ pusillanimous rascal; he is not fit to sit among gentlemenz." A per. son named Lewis, an attor3ey of Carmarthen, pushed Mir. Gwynne upon Jones, and Ihen crouched down to avoid being seen. I went to atsist MIr. Jonea, -'wlo disengaged himself, and entered the box turning to. me be said, " Plush, you have seen this." 31r. Goodear and MIr, Gwynne followed him irto the box. I saw no more. Mr. Qw(ynne is a stout young man. Af r. Gwynnc and Air. Jones were pointed out in court. Mr. Gwynne was certainly In appearancc murh stronger than the plaintiffi] Cross-examined by MVIr. T.ureToX, who appeared for Mr. Good.. ear.-The theatre is an old barn, and the lobby is a passage. It waa not dark on this nig,ht, for it was lighted with a lamp and two can- dles. (A laugh.) nhe entnce Is froin Water-lane, the dirtiest itl all Carniarthen. The playt of tlhe night was Pizarro. This affihsr took place at thle entrance of the little passage which leads to the boxes. I did not see the whole, becase I was keepin- order on the admi3sion of'lihlf-price, to preveLt too great a rash. it was the be- nefit night of M1Sr. Patterson. Cros..exzminetl by Air. WILLIAMS for Mr. Gwvinne.- There was another soate in tlie house that night, after which' Mr. (wyntle gaid some words to me, Mr. Gwynne and iMr, Hasfing-, afn actocr were talaking loud in the box, and 1 desired Hastings to leave it. which he did. Re-cxamined.-The theatre. was very much crowdad, and the najor part of the company highly respectable. The major part of the respectable inhabitants ot Catarmanhen were present. James Mlorris who was at the theatre oan the evening in question. said he saw lifr.6wynne, kick Alr.Jones severely three or four times at the cad of the lobby, in the presence of blr. Goofear, who said, " kick him well," andadded vulgar expressions. Mr.Jones tumned, and went into the boxes; Mir. Gwynne kicking him by theway. At the entrance Mr. Gwynne kicked him ag3ln awd atempted tapull him out by the collar. Mr. Jones's hat fell off eza he enteredthe boxes. Mr. Goodes-air M r. Gwynne followed, and theiewitess went in after tlnem. Goodear in the box, caled Jones a d.-.. blackguard, a shoe-black, ana a post.boy i, i dtiresslug hlr. Parry a gentleman in the box, asked bitn Joad Lowhe shou}ld Bie to be kicked ? Mlr. Parry repileel, " Not at all." Air. Geooed- stated, ihat thc plaintit had just been kicked by Air.Gwyrnne, using indecent expressions. At this time Mr. (iw.te v noldi- up hts fist at, Mr. Jones, and insulting him, a-l tay;~a tty ' yes, hehas." Alr.Goodearwasalittleititmxscatec, This nm..t?e continued for nearly an boar, during whici Mv. Jones relmxaima passive. Ur. Goodear propoied to Mr. Gwyna^ ttuat=jonq ost of the box. alr. Jones had joined lni'ies ita te boy, bs* took plaze before. They htard the language. 4i ab Clross-exaviiined by Ar. TAtryTorr_.1 did not hear Rab- Joneg open his lips all the time. The abuse was load c-ougli tbr 41 thb -persons In the boxes to hear. Mr. Jones rca: ed .le perfb;n ance was over. Franeeala s, adlecent ronmim, whq wertt at ivqi The ait~~~~~~~~~~Ne , tlsssa lVr. D)avid Pary proved lthat Gn thj's nihtheAab Aj &4.a k3ainng round as foT Some, en d h nimg t He w. Ta,ie' M.Jn5 es e Strdnt b y,x.e is nfiht h bere,"a t he hone s ei cr,c :the box. * n- Thie witnes s also corroborated Oe tevi' tce of bor. A *oris, as to, theesndust of the partles in the nboxh and said he heard Air. Gwynne MU Air. Jones "a posiiny yreC ot borno, and a po abwY 7et." (t'at lie had nowr r ae onsr hea town. of Carmaroher ,stated, 2iceper rea to Swan intt COven yeays. fo is father was an innkepe atSwasea AMr.*ones had practisedaon his own.account fUr six yearts a ma arng,thel h witness, who wnt wvithA laie hJonea-tef-w theatre, saw Mlr. G o fd r srt accost him, andl ptced on h.imsclgw the box. Hesaw Ar. notn% ebet In apparent pain, m id t .e thbem he the laniuage ,delraw the action described by the 'Preceding qitne'ses- ra s GwYnne vat a gentleman of fortue 97keep. Xanscarriage and four.. .en Dg C105wexasrined bthatr. Paicf.ttps for r. pwaynnt, as to isreason far noqt inteefering, the rvitness said AWht several ladies IWer Present, and mucs alarmed, ane. be d l oould not interf re. the next d. ga h n e 'his trarait r'M Jones rooiplained of the iassault, and he grantedl aratnonf bitt the parties iwtere not mtsght before himf. Three -) four witne,ses were a worn, and their depositions taken in writing. Me took no shczmto bind-c the partile ovhr to keep the peae. lthe Warrant (being produced) tappeted to be against Gwynne nly.Ia This was the plairtiing hisset Mr. TApTca4T0ic adRt!essed the jury on behalf of hli client, lr. Goodear. He ladm1itted that a verdicti must pass for the plaintiff, t a an assault wa stoved, which whe could not justify in Point of lar, an also thaerc thecase row stohod, hat vrdicf must be for nore than OOOiii~1 an1aeS lie trust,ed," however, that w hen the ronly hcomnnunircarhe tovocatlorn which otave rise to the assault ynn athrnkO the defend,nts halaclaim on theirlenity. It al- iv al y a p p eA that thos e fro l a * ninu so fa r fromt i e x e c u tin g h iw d u ty iitt Peulia deicac; dnittd te1odinary complinient of wvriting letter ble fo re he tss"ue awrt . ut w uld tanrther appear, that the cid ostsnt sl,- nbonst in tepblit: market of Carmarthen that l bas wrt ainS whor sost Air. n ainnd added, which was untrue, tha bc i were waitingsto h rest him. This conduct of nilr. Jones sonly communicated to 5r. wynne on the eveningao n -he ansault by an attorney namned Lewis; and nit was naturaLI t'sst it should excite feelings of considnrable birrtation in thei inind, wieh, on see. in t Mr. Jones a frew mninutes after, neither lie nor his frieno were able to restrain. The as-sault, thian, wasi not prenoeditated ; it was not unsrovoked ; it arose from the immnifediate impulse which a know S.ede eof Air. Jones's conjet inspired-n and was-a entitled to the favouatble conidertation Dr he juriy. lr.PHeT-LPSp addeewed thejury'olbr.rGwynn0.-Besidles corn. menting onl the topics rand evidience toliie nn which h. Tato i al ed, he urged ht e plaintittf ought to have tried Ihis cause in the county of arnayrtaen wthere both parties were known, and tihere those costs woald not h-ye. arisen whiich he, a& attorney, would r6- ceive.;r Tiltlaintiff, who 'now souht compensation fn the wound inflicted on his feelings, had shown aoi deeply. he flt it at the time by remainin;r to witnso the periortances till their termination, and by subjecting the laicae in the box to liear the eXPTressinsA directed aanst hirm. From beginning to endly, he sotght nothing but mnoney, =hsurely cot'ld be no recompecnse if aln injury hand really been dose tod hir hooubr. Ayir. Francis Reid. a gentleman residing in O3rmarshen, saidI he -wa y in the meat-narket thereon a Saturday in March. Mr. U rynne wanes there pchasing meat,sand offered . hsw ice, osawhich he said to e mi r n J o n e s , h w ast ; , " M r . G y n n e i s, v o e r a i c w asi , t he rm a . aJ d r . lihe;wend aurayd ando the wbtnessotoldx.hat he haherd to ir. nr y L e wis , a t tt o r ne y. T h i w aush , t s a id in th e to n e o f c o n im o n Air. Heniry- Lewis, the attornty referred to, Stated that Mir. Reid communicated tO himr b what Air. Jones had said'. on the same day reports were currenti on thle subjcct. Upon the 30th of Alarch, at the theatre, he communicated to uIdr. toodear and tior. pwlnnc wc t lie herd fom Air. Reid. Immediately after Mr. Jones came in. Air. Godlear sad, " Hore is the very gentleman ; we walit to speak to you.' Iarlr. Goodear askll Mfr. Jones if bar.uBerrington piad in- atructent him to publish the circumat stance that he shad sued Mh r G yane. Afr.Jones said he had not. Air.Gwyne said How came you to puiblish it in the marke latStre otnih " ir Jonesderniednhaving publis-hed it.AMr. Gwynne said he hiad a gEl- tleman to prove itd; AIr. Jones said, whoever he was, lie vas a r liar; and tuhed into the box. roas-examled.Mite saw Plush, the police.rnan, there btbt put no question to him before Jones camne in, nor Aid he look into a box. Re observed no kicking, but understood it took place. He ob- erd o o sh ranl . Ge vnnme on Ar. Jones, and croucO h down. p-retheardAicr.e God by calrl r. Jones a blackguard in the presence of the ladies. r.s oughtnstic to severe htly r lepr e d lded t the witness for coin u. nicas in thed scnd ale n a g ai t t ak eno ger a to r n ey , a nt I sa id a ll th e m is- Mr. wyne's roo proed hathis master was often at Car. marhneronrrarybothto the lthandt of Mdarch, and pased Mer. Jones This was the case for tebidefendants. hadr. CA37PSELL., in reply, urged that the defznce, opened with so mnuch confidence, had entirely failed in proof. Instead ofproclaini.i ing in the market that he adi ab writ against itr2 Gwvnihe, Air. Jones merelyamentioned it in casual atid private conversation to a friend ; he said nothingz about bailiffs: andi he hiad, in faict, dis. charged his dot with all thie modleration consistent with its due performance. Yen takingzt hi evidence of Air. Lewis, who had done hbnself in credit, to the utmost, it amirnished no ecuse for the a-3sault-m atsault cominitted moree lthan a fortnight afater the cause of alleged lieuvoction, and persisted in with a vinrdictiveness; whiclh even gzreat provocation could not justify. Mr. *iu?tiCe PARK summed Up thle evidence. The learned Judge observed, that when actions of this kind were bronight between par- ,ties of a humnble rank of life, and-on trivial occasions, they w.ere pro- pr discouraged by juries. But when the parties niove toa inaore ted cpheVe, and the oftence cmplained of was s&ous, such cases ought not to he lightly tr-eated, lest the parties in~jured should be driven to take revenge into their own hands in a manner contrary both to the laws of God and man. He remsllected 'when he was at the bar 'receiving a very severe huit most just reelar. nanid from a lear-ned juidge,for hinting unadvisably that the plaintiff had not shown so miuch valour as he might have done ; and, arter a strong ztumming up a4ainst him, a verdict was given against l4ia client, with hleavy damnages. In this case, the assault was no dobubt, very painful to th feclings of the plaintiff, who had a righit t f'aiNr compenotion tbr hiss 'u fferings. OJfathep~rovocation, the jury would judge ; buxt though Air. Jones would, have dlone, well had he re- frainedI fromi saving any thing about the writ, it could hardly jua. tif th tratmnt ith which he was visited. Aftet expressing his disppCbaton f he conduct of Alir. Lewis, the learned Judge left she asein he and of the jury, admonishing thiem, whilie they dlid Justce o te painiff, and gave thie defendaiits a lessgon, not to allow passons f ay kid t minle tith their consideration of damageu. TheJur reire fo a uarerof an hour, and then returned a verdct friheplantif~Damges2001. The our wa crodedto xces durinre the t,4-1 HEREFORD. Tinin.- A" n no JONES V. G%VYN'NE ATn a.--