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Kentish Gazette, 28 December 1852.
Tunbridge. County Court, Friday.
There were not more than twenty cases for hearing; the only two of
any interest; being Segrave v. Towner, and Segrave v.
Pack. Both were cases of assault, the damages in each case being
laid at £2 10s. Mr. Edward Carnell was attorney for plaintiff;
Mr. Morgan, of Maidstone, for defendants.
John Segrave v. Stephen Towner.
Plaintiff deposed that he was at the "Chequers Inn," Tunbridge, on
the evening of the 29th November last, at about half-past
nine o'clock. Defendant, with whom plaintiff had previously had a
deal for a horse, went up to plaintiff and desired to speak
with him. Plaintiff declined entering into conversation with him. He
asked plaintiff for £16 10s. alleged to he due on such deal,
who replied that he knew nothing about the matter, but if he
(defendant) considered he had any claim, the law would see
him righted. He then abused plaintiff, and called him very bad
names, flourishing his fist in his face, he pushed plaintiff two
or three times with his knee; he then became very violent and thrust
his fist into plaintiff's face. Plaintiff got up and pushed
his fist on one side, when defendant struck him two or three
times. Defendant did not appear to be drunk.
The witnesses for plaintiff were Henry Richardson, butcher;
Frederick William Brenchley, shoemaker; Sidney Smith, carpenter; James Elliott, foreman; and John Chittenden, saddler; but as their
evidence was of a similar description, we shall give Mr.
Richardson's and Mr. Brenchley's only.
Henry Richardson deposed that he was at the "Chequers Inn" on the
above evening, in the bar parlour. Towner asked
Segrave to go out of the room, as he wanted to have some
conversation with him about a deal for a horse. Towner was close
to Segrave, when the latter put his arm up and pushed him back. Saw
Towner swing his fists about. Heard him say he should
like to punch his head if he dared. Didn't think Towner was quite
sober.
Cross-examined by Mr. Morgan:— When he saw Towner swing his fists
about, could not say if he intended to hit Segrave.
Didn't see him strike plaintiff till he (plaintiff] pushed Towner
from him. Segrave was quite sober. Heard very bad language
used. They were both much excited, and were separated by a person in
the room.
Frederick William Brenchley deposed that he was at the "Chequers" on
the night in question. Towner used some very violent language towards Segrave. Segrave said he didn't want any piece of
work there. There was a scuffle after that, and blows
were struck by both. Some person present interfered to try to part
them. Heard Towner say he was only sorry he did not let
fly and knock Seagrave down.
Cross-examined:— Did not notice defendant holding up his fist in a
most menacing manner, nor anything else that was going
on, until he heard the bad language. Would not swear who struck the
first blow.
The evidence of the other witnesses for plaintiff, proved that
Towner shook his fist in Segrave'e face, when Segrave pushed
him away, and the scuffle and blows ensued. None of those witnesses
could speak positively as to who struck the first blow.
Mr. Morgan contended that his client had not committed the assault
complained of until after he had been pushed by
Segrave. His client had simply asked Segrave to complete that
bargain for the horse which had been before alluded to.
Segrave said "I will have nothing to say to you." This excited
Towner, and words were the consequence. It was whilst these
words were used that Towner threw his fists about, but he was
instructed to deny that they were used in a menacing manner
until after his client had been pushed. He should be able to show
that the assault would never had occurred, but for the
conduct of plaintiff.
Defendant said there had been a dealing between him and the
plaintiff respecting a horse. The bargain had never been
carried out. On the day in question, he had been to Baron Goldsmid's
rent feast in Tunbridge; he was quite sober when he
left, at about nine o'clock. Went into the bar parlour at the
"Chequers," whilst his horse was being got ready. Several persons
were in the bar, amongst them the plaintiff. Went up to him and said
"How do you do, sir?" Plaintiff replied, "Oh, I have
nothing to say to you." Hit his hand on the table several times, but
did not shake his fist in plaintiff's face. He then stated that
plaintiff jumped up and struck him; that he did not strike again
until after he had been struck. In answer to a question from
the judge, he said (inadvertently we suppose) "Segrave told me
several times to take my fist out of his face," to which he
replied "I haven't yet."
The Judge:— You had been to Baron Goldsmid's rent feast. I suppose
you had a good dinner, and as good eating deserves
good drinking, I suppose you also had plenty to drink?
Towner admitted he had plenty of both.
After six witnesses had been examined on behalf of defendant, his
Honour said he had carefully considered the evidence
brought forward; he believed that although Towner was not so drunk,
but that he was capable of taking care of himself, yet
he had it from his own mouth that he was carousing for five hours,
and he had no doubt he was a little elevated and excitable at anything that was said. The plaintiff was perfectly
justified in pushing defendant, away, if he was in any danger
of being struck. Defendant thought he was on the wind side of the
law, in shaking his fist at him, which was in itself an
assault, and plaintiff was perfectly justified in pushing him from
him.
Damages £2 2s.
Segrave v. Pack.
This was a case arising out of the last. Pack, in the struggle
between Segrave and his friend Towner, seized Segrave by the
throat with such force as to endanger his being suffocated.
Damages £2 2s.
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