[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Cumberland Spring Assizes (3)

[Petra Mitchinson]

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

 

CUMBERLAND SPRING ASSIZES. 

 

[continued] 

 

NISI PRIUS. 

  

ALLANBY v. DOVER-ASSAULT. 

 

Mr. PATTINSON stated the pleadings. This is an action for damages, he said, in which William ALLANBY is the plaintiff, and Joseph
DOVER, the defendant. The declaration states that on the 9th of October, 1823, the defendant made an assault upon the plaintiff, and
horsewhipped him severely. 

 

Mr. AGLIONBY.-In this case, my client, Mr. ALLANBY, seeks to recover compensation in damages for injury received by him at the hands
of the defendant, Mr. DOVER. The facts are short; and my duty is also rendered brief by the admission of the assault, wherefore I
shall have no further opportunity of addressing you than that of which I now avail myself-nor can the other side address any thing
to you but in mitigation of damages. What my learned friend, Mr. ALDERSON, who appears for the defendant, may contrive to say in his
behalf, where the facts are so clear, I know not, nor shall I attempt to anticipate. The assault was a gross one; and if not wholly
unprovoked, certainly arose out of an offence so slight, that ingenuity itself must be at a total loss for any thing like a
justification. His Lordship will tell you, Gentlemen, and I am sure that your experience and sense of honour will suggest the same
thing, that in cases like this, damages should be given to injured feelings, as well as to personal injury. A man may not be much
hurt in body by an open aggression of this kind, but he may be grievously injured in mind-a description of injury which every man of
common feeling always considers most intolerable. Mr. ALLONBY is a gentleman of respectable connections, and has resided many years
near Flimby; but at the time of this assault he lived at Maryport. He is a person of feeble frame. The defendant also resided at
Maryport. He is a person of strong, athletic frame, and is a captain in the army. Being neighbours, there was, I understand, a sort
of mutuality between them of taking each other's dogs for the sports of the field; and Mr. DOVER frequently took out a quest dog the
defendant's property. On the 9th of October, the plaintiff intended to go out coursing; and before he did so, he naturally thought,
after what had passed, that he might borrow Mr. DOVER's grey-hound. Whether the defendant was from home or not, I cannot exactly
say; but not meeting with him, he asked that gentleman's friend, Capt. BRAITHWAITE, if he thought there would be any harm in taking
the grey-hound, who replied that there could be no impropriety in it, as Capt. DOVER had often taken out Mr. ALLONBY's quest dog.
Unfortunately, Captain BRAITHWAITE is now up the Baltic, or at Hamburgh, and I shall not, I am afraid, be able to call him,
otherwise he would have stated these facts to your entire satisfaction. Mr. ALLANBY, I believe, did take the dog. And supposing, for
the sake of argument, he had taken it without notice; surely Captain DOVER will not coolly pretend that he did so with a felonious
intention, though, I am told, he at first made an allegation to that effect. This was Mr. ALLANBY's offence against Captain
DOVER-this was the ground-work of that gentleman's violent and outrageous assault for which he has this day to answer for. I do not
ask or expect vindictive damages; but I ask such compensation at your hands, gentlemen, as shall mark your sense of the defendant's
conduct. I shall prove to you in evidence that the thing was not an affair of passion-of the moment. I shall show that the defendant
was seen in the street so early as two in the afternoon, armed with a large horsewhip, with the avowed intention of assaulting my
client; that he walked about with the whip in his hand for several hours; and was observed even to knot the lash in order the more
effectually to carry his purpose into execution. I shall shew that he met a respectable gentleman of the name of HUDDLESTON in the
street, while he had the whip, to whom he said, "MORRISON and ALLANBY have stolen my dog." This gentleman laughed, and thought the
matter a joke; advising him to prefer a bill if he believed that to be the fact; but defendant said no, I will horse-whip ALLANBY,
and I am now waiting for that purpose. About six the plaintiff returned; Capt. DOVER was still in the street; and he at once
committed that very violent assault which the witnesses will prove to you. The injury was considerable; but the insult and disgrace,
as I have said, were still greater. I only beg that, in assessing the damages, you will not weigh the merits of the counsel who
appear in this case, but form your judgment upon the facts. In matters of this kind, different persons have different opinions-some
are more tenacious of personal insult than others. I put it to yourselves, gentlemen, with confidence, what my client must have
felt. If you differ as to amount I shall be satisfied with a middle course; yet I expect that you will shew by your verdict that a
weak man has the protection of the law against the strong, and is sure of compensation at the hands of his countrymen when
outrageously assailed, as my client has been. 

 

Captain BRAITHWAITE did not appear. 

 

James BENTLEY, called and examined.-I know Mr. ALLANBY; he is of the middle size. What is Mr. DOVER in size? He is sitting yonder (a
laugh). Is he a stout man? Yes, he is stout; deal more powerfuller a man than Mr. ALLANBY. I know a quest dog of Mr. ALLANBY's. I
have seen it in the fields with Mr. DOVER, either in 1822 or 1823; I am not certain as to the day (a laugh). He had two greyhounds
with him. 

 

Cross-examined by Mr. ALDERSON, for the defendant. I cannot say the time.-So, according to your account, there was a grey horse, two
grey dogs, a stubble field, and a fine morning?-Yes.-Good morning. 

 

Robert HARRISON.-I lived at Maryport, at the time in question. Both plaintiff and defendant had greyhounds; and the former a
terrier, a quest dog. I have seen the quest dog out, and Mr. DOVER one of the company. This was in 1822, or 1823; I did not see Mr.
ALLANBY there-it was the hunting season before this. 

 

Cross-examined by Mr. BLACKBURN.-I know the plaintiff: it is said he is gone to Van Dieman's land. For any thing I know, he had
recovered before he went. Previous to this-I cannot say how long, perhaps a few days before the 9th of October, Capt. DOVER had lost
a couple of dogs, and posting bills were put up, offering a reward for their recovery. 

 

Joseph HUDDLESTON sworn.-I live at Maryport; am a ship-builder there, and know the parties. On the 9th of Oct. last, I saw Mr. DOVER
in the street at that place, about three o'clock, with a horse-whip in his hand. He said was on the look-out for the plaintiff; that
he had stolen his dog out of the kennel that morning to go coursing, and that if he fell in with him on his return from coursing, he
should give him a horse-whipping. I observed to him, that he had better not take the law into his own hands; but bring an action. He
replied, that the plaintiff was going off to Van Dieman's land, and by that means would avoid a prosecution; he then walked down the
street, and I went to my own house. Nothing more passed; I saw him no more that day. 

 

Cross-examined by Mr. ALDERSON.-I observed that he was a good deal irritated at the time. I heard that he had lost two valuable
pointers, a few days before. The defendant is an officer in the army, who has retired on half-pay since the peace. 

 

Judge.-In what situation in life was Mr. ALLANBY? 

 

Witness.-He was in no business. 

 

By Mr. ALDERSON.-The defendant has lived in Maryport two years, and has frequently visited with me. I visit the plaintiff's
relations. I don't recollect ever seeing defendant there. I have known plaintiff eight or ten years-knew him before he went to
America. I never saw his wife, the dress-maker; it is said she went after him to America. He has not taken the same lady with him to
Van Dieman's land, but married another.-Very loosish sort of character? I can't say. 

 

Mr. PATTINSON objected.-The judge said no such questions could be asked-inquiries should be general. 

 

Re-examined by Mr. PATTINSON.-The plaintiff's relatives live at Maryport, and are very respectable persons. His mother lives upon
her own fortune, in great respectability. I don't know why plaintiff went to Van Dieman's land. 

 

Judge.-Was Mr. MORRISON's name mentioned that morning, in the street? 

 

Witness.-I am not quite sure-it strikes me that he was mentioned, as having gone coursing with Mr. ALLANBY-Mr. MORRISON is
plaintiff's attorney. 

 

 

[to be continued] 

 

 

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