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Updated: May 25, 2025


Casberd, after stating a most pitiful case to the Court of King's Bench, moved for a rule to shew cause why this second verdict of "no Damages" should not be set aside, and a new writ executed. This rule was instantly granted; but the plaintiff was ordered to pay the costs of the inquiry held at Devizes, and of the present motion, as a punishment, I suppose, for not having managed matters better.

Casberd told us, that the jury at Devizes were influenced by your persuasive eloquence! I see nothing of it here!" This insult roused me; I began now to speak as loud as his lordship, and demanded to be heard without interruption. The amiable judge next inquired, whether I had any affidavits in answer to those filed against me on the part of the plaintiff?

Casberd, were employed for the prosecution; and I at length suffered my attorney to give a brief to Mr. Sergeant Pell. The cause was called on, and Stone positively swore to the assault, which he declared had deprived him of his senses, and that he had not been well since.

They sent word to Mr. Casberd, their counsel, that they would send for him as soon as their jury were sworn; Mr. Tinney informing him that his attendance would be required only for a few minutes, as it would be a matter of form, merely to prove the fact, and direct the jury to give a shilling nominal damages. This was the Michaelmas sessions, 1807.

Casberd, they would give nominal damages. I listened to this pretty prelude with great unconcern, and without offering the least interruption to the speaker. Mr. Casberd now began to address them, and very properly said, that the sheriff had left him but little to do, as he had explained to them the nature of the duty they had to perform.

Casberd, the counsel, had arrived in the interim, and was adjusting his wig. These, together with the plaintiff's attorney, and about a score of the inhabitants who lived in the immediate vicinity of the Hall, formed as pretty a select party for such a job, as ever was assembled upon any occasion.

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