274B (Vol. 2)

Transcription

SURREY ASSIZES.

            CROYDON, AUG. 16.

CIVIL SIDE.

The causes, which were of the most importance, were withdrawn and referred. Those which were tried were of little importance.

GOLDSMID v. ASTLEY.

Mr. Serjeant SHEPPARD stated, that this was an action for an assault and false imprisonment. The Plaintiff was a respectable linen-draper, and the Defendant, Mr. John Astley, the proprietor of the Amphitheatre, near Westminster-bridge. On the night of the 1st of May, the Plaintiff’s wife was at the Theatre, and about ten o’clock he went to fetch her home. As he was at the box-door, tendering his money, the box-keeper pushed him very rudely away. He remonstrated with him on his incivility, when Mr. Astley himself came up, and immediately gave him a violent blow in the neck. The Plaintiff, instead of attempting to return it, merely said, “I shall deal with you, Mr. Astley, after another manner,” and was about to go away. The Defendant, not content with the outrage he had already committed, called a constable, followed him, and insisted that he should take him into custody, and keep him until the Monday morning, this being on the Saturday night. The constable did take him, but knowing the Plaintiff to be a respectable man, he took his word for his appearance at the Police Office on the Monday morning, when Mr. Astley did not think fit to come to make any charge against him. Perhaps the Jury might some of them know Mr. Astley; if so, they must know that he was a very powerful and active young man, and capable of giving a blow of no small force. The Learned Serjeant said, he would advise him in future to confine his fighting talents to their proper scene of action. He might play the hero and the bravo  on the stage, where it was in its proper sphere; but he must not descend from thence, and deal his blows at the outer door, for, if he did, he would learn, by the verdict in this case, he would have to pay for this dramatic error.

Paul Judin stated, that he was going into the Theatre on the Saturday night, and he saw Mr. Astley strike the Defendant a blow in the neck. He was questioned whether it was not a severe blow; but all he could say was a dealer in linen, but he had neither shop not warehouse.

John May, a police-officer, stated, that he took the Defendant into custody by the direction of Mr. Astley, who said he had been riotous, but he let him go, as he knew him. The Plaintiff was a cloaths-dealer, who furnished the dresses for the Royal Circus.

Mr. GARROW, for the Defendant, in a speech of much humour, ridiculed the action as the most trumpery that was ever exhibited. His friend the

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