[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Cumberland Spring Assizes (5)

[Petra Mitchinson]

Saturday 06 Mar 1824   (p. 2, col. 4 – p. 3, col. 5)

 

CUMBERLAND SPRING ASSIZES. 

 

NISI PRIUS. 

  

ALLANBY v. DOVER—ASSAULT. 

 

[continued] 

 

Mr. ALDERSON.—My learned friend says he will not call any more witnesses. No more! He must have exhausted the whole town of Maryport
already. 

 

Mr. AGLIONBY.—I have more, but I don't want them. 

 

Mr. ALDERSON.—He says, Gentlemen, he has more; but I hardly know whence he can have brought them. We have seen him call enough as to
number, I think; and yet I can tell him of one whom he has neglected to call—a person very material in this case, you will see at
once, gentlemen; a person who could tell us a great deal more about the thing than we have heard—namely, Mr. Amos FLETCHER, who was
with Mr. ALLANBY at the time, and must have seen and heard whatever took place. My friend, however, has called Captain BRAITHWAITE,
from the "vasty deep," or some distant place, though he comes not in answer to that call—but Mr. MORRISON and Mr. FLETCHER are not
beyond the rolling ocean; they could come; and, indeed, here sits the former behind me. We cannot produce these gentlemen, on
account of our plea; but why does not my friend take their testimony, when they can tell him so much more than his own half-a-score
of witnesses—one of whom comes for a dog, a second for the head, a third for the tail, a fourth for the butt, a fifth for the knot,
a sixth and seventh for the waiting, and so forth. I am sure, gentlemen, you will see that this has but one object, namely, to swell
up the bill of costs to be preferred against Captain DOVER by Mr. MORRISON, the plaintiff's attorney (who has had a quarrel with
that gentleman), if the fates should so far favour him as to give the plaintiff a verdict. But whose cause is this? Where is the
defendant? Where is the man whose feelings have been so lacerated—whose sufferings have been so acute?—in Van Dieman's land, where
he will probably never hear that this action has been brought. When my learned friend opened with the great injury sustained—the
grievous assault—the outrageous assault—the lying in wait—the knocking down—the whipping—the wounds—contusions—the bruises and
blacknesses—we were on our side almost frightened out of our wits, and we thought we should have had here the whole College of
Surgeons to set forth these terrible injuries and their direful effects. We have seen nothing of the kind, however; no doctor nor
doctor's bill; no wounds nor danger of an hour's standing. Instead of this, we have the common cant of all cases of assault, in
which the plaintiff is uniformly found to be a strong, lusty man, tall and terrible, like one of the Giants of Guildhall, gentlemen,
if you were ever there—while the defendant is a wee puny thing, that might be knocked down with a spider's thread—a mere shadow, and
weaker than weakness itself. Now we can't call the plaintiff from Van Dieman's Land to exhibit him in this Court, and show off his
bodily powers; but we can shew the defendant, and I am not ashamed to shew him, gentlemen; here he is, he is a respectable person;
has served his country in the army; and, moreover, has no acquaintance with the plaintiff. As this is the case, it will be for you
to take into your consideration his conduct in taking the liberty with my client that he did, and judge if that fact was not
sufficient to cause great irritation; though, I must admit, no sufficient justification of a violation of the law.—Mr. ALDERSON then
commented on the evidence. The first witness knew nothing about the time; the second knew nothing about Mr. AGLIONBY's statement
that Captain DOVER had taken Mr. ALLANBY's quest dog, or even borrowed it.—My learned friend, continued Mr. ALDERSON, has called
upon you to place yourselves in the situation of the plaintiff. Now I, with much more reason, ask you to place yourselves in the
situation of the defendant. He had two pointers taken away from his kennel, and bills were up offering a reward for their recovery.
Three days afterwards a person (for I will not call him a gentleman) takes his dog out of the same kennel, and goes a coursing with
it, without leave, to Bothel, a distance of nine miles; and home he comes at night—Mr. Amos FLETCHER with the dogs, Mr. ALLANBY not
far off, and Mr. MORRISON, like a prudent general,* riding on before.—Mr. AGLIONBY objected. 

 

Mr. ALDERSON did not expect this objection after the opening of his learned friend; but he was glad it had been made, because it was
felt in all its importance, and should operate with the Jury as a strong reason for he admited [sic] that the plaintiff must have a
verdict. In regard to Mr. MORRISON, he was sure that gentleman was the real client; the plaintiff had gone to the other end of the
world, and had been in America before, and —— 

 

Mr. Justice HOLROYD.—There should be no allusion to this: the Plaintiff is not in a condition to answer it—he is absent. 

 

Mr. ALDERSON.—Well! he may go where he likes; we wish him no ill;—all that we care is, that he is at Van Dieman's land; we may say
that at any rate; we wish him all success there;—we merely wish he may not again come back to trouble us. He was convinced that the
jury already saw how this case was got up. ALLANBY even goes into a gingerbread-shop, and exhibits his bare arms to a man and woman
to collect witnesses—he exhibited himself for the sole purpose of getting damages. But what had there been proved? Could Mr.
Jonathan DORAN say anything as to his face, though he closely inspecteed [sic] the arms? Much stress had been laid upon the butt-end
of the whip. The admonition to "mind the butt-end,"—given only yesterday—showed the careful getting up. When attempts were made,
like this, to call the attention of witnesses to points upon which the case hinged, a jury ought to mark their sense of it, for it
was any thing but a fair proceeding. One boy had said that the defendant knocked Mr. ALLANBY down, and continued lashing away. But
he would ask how could a man continue lashing, when he had not begun by it? The third witness said he saw him strike many times,
that he ran a hundred yards, and coming back found him still striking. Was that probable? He did not stand there to defend the
defendant's impropriety; yet he knew very well that when this was pointed out to the Jury, they would at once see the true nature of
the case. The damages, you have been told, Mr. ALDERSON continued, should be judged by the wounded feelings of the plaintiff.—Yet,
what feelings had he—what are they worth, when he takes defendant's dogs without leave? Had not my client reason for anger? Was he
not provoked? And with respect to Mr. ALLANBY's honour—of what consideration is that to a person who had gone to Van Dieman's Land?
We know very well that persons who go there, generally go to settle for life—to become planters—and they go thither because they
think England a not sufficiently happy land to live in. But, gentlemen, you and I think otherwise; we will stay where we are, and
not go to Van Diemen's Land.—In regard to Mr. MORRISON, Mr. ALDERSON apprehended that there was a spleen between him and Capt.
DOVER; and that was the reason why he had more zeal than was usually witnessed on these occasions.—I know, Gentlemen, Mr. ALDERSON
concluded, that I am safe in your hands—that you will give such small damages that Mr. MORRISON may probably find he has brought
eight or ten witnesses to Carlisle without having their costs paid. 

 

His LORDSHIP summed up.—A verdict must be found for the plaintiff, if the evidence were credited; but the damages might be so small
as not to carry costs, or they might be moderately higher according to the Jury's ideas of the whole case. It had been urged that
Mr. ALLANBY had gone off, never to return. There was no proof of that; he might design to come back in a short time: it was clear
that he himself had sanctioned the commencement of the proceedings, by his calling upon one of the boys with his attorney. Plaintiff
did not appear to have sustained such injury as to render a surgeon necessary. They would weigh all the circumstances of the case;
take into consideration injury to body and mind; and say what they thought a moderate compensation. 

 

The Jury did not retire. After a short consultation, the Foreman announced a verdict for the Plaintiff—Damages, £5; Costs, 40s. 

 

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* Q.  Does a prudent general ride on before, when advancing upon an enemy lying in wait?—P's. D. 

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[to be continued] 

 

 

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