DOI Page / Citation link:
https://doi.org/10.11588/diglit.70300#0183
SINGULAR CASE OF LAW.
155
rated the statement of the counsel. He said, on a question
being put to that effect, that the defendant did not strike his
daughter with the hand in which he held the razor.
Mr. Agar, on behalf of the defendant, reprobated the
action, as unworthy the attention of a court of justice ; and
considered the whole case as one of those trumped up stories
which it should be the duty of juries to discountenance.
The fact was, that a great animosity existed in the mind of
this woman against the defendant, because she conceived
that he had done some injury to a friend of her’s.
Mr. Agar called no witnesses.
The judge said, that iu this action a justification had been
put upon the record ; and that, as the defendant had not
attempted to justify by calling any witnesses, a verdict must
be found for the plaintiff. It would be for the jury to de-
termine what injury she had sustained, and what damages
she was entitled to ; and in doing so, they must bear in mind
that her character had not been injured, and that the assault
was not attended by any disgraceful circumstances, as would
have been the case, had the defendant spit in her face. In-
deed, a considerable degree of coolness and circumspection
seemed to prevail among all the parties during their anger.
The lady very coolly contemplated the law, which restrained
her from pulling the barber’s nose; the defendant was cool
enough not to strike her with the hand which held the razor;
and the father, still more cool than either, suppressed his
wrath, and sat down quietly to have the remainder of his face
shaved by the very man, whom, but a moment before, he
threatened to chastise. Had he at that time kicked the
barber out of his house, and had the latter brought an action
for the assault, he would be entitled to no more than a far-
thing damages. Indeed, he considered this altogether as a
frivolous action ; and he would leave it to the jury to say
what should be the amount of the damages.
The jury found for the plaintiff—Damages, One Farthing.
Observer, September 14, 1817.
155
rated the statement of the counsel. He said, on a question
being put to that effect, that the defendant did not strike his
daughter with the hand in which he held the razor.
Mr. Agar, on behalf of the defendant, reprobated the
action, as unworthy the attention of a court of justice ; and
considered the whole case as one of those trumped up stories
which it should be the duty of juries to discountenance.
The fact was, that a great animosity existed in the mind of
this woman against the defendant, because she conceived
that he had done some injury to a friend of her’s.
Mr. Agar called no witnesses.
The judge said, that iu this action a justification had been
put upon the record ; and that, as the defendant had not
attempted to justify by calling any witnesses, a verdict must
be found for the plaintiff. It would be for the jury to de-
termine what injury she had sustained, and what damages
she was entitled to ; and in doing so, they must bear in mind
that her character had not been injured, and that the assault
was not attended by any disgraceful circumstances, as would
have been the case, had the defendant spit in her face. In-
deed, a considerable degree of coolness and circumspection
seemed to prevail among all the parties during their anger.
The lady very coolly contemplated the law, which restrained
her from pulling the barber’s nose; the defendant was cool
enough not to strike her with the hand which held the razor;
and the father, still more cool than either, suppressed his
wrath, and sat down quietly to have the remainder of his face
shaved by the very man, whom, but a moment before, he
threatened to chastise. Had he at that time kicked the
barber out of his house, and had the latter brought an action
for the assault, he would be entitled to no more than a far-
thing damages. Indeed, he considered this altogether as a
frivolous action ; and he would leave it to the jury to say
what should be the amount of the damages.
The jury found for the plaintiff—Damages, One Farthing.
Observer, September 14, 1817.