Corp v. Bell and Another.

This was an action brought to recover damages for an assault, committed under the following circumstances.  Plaintiff in the month of January last, was confined for debt in Carter's Barracks; defendants were Gaoler and Turnkey.  They placed plaintiff in handcuffs, which constituted the assault complained of, damages at £500.

Mr. Foster having stated the case, called,

Francis Carruthers - I am a shoemaker, and was in Carter's Barracks a prisoner for debt in January last; William Corp was also a prisoner; Corp came into the Ward where I was, and he called through the window to Mr. Bell, who was standing in the front; Bell said, if you don't behave yourself, I will put you in handcuffs or irons; Corp said, it is more than you dare do; Corp then went into his own ward and said something, but I cannot say what; about ten minutes afterwards, two constables came, and Bell ordered Corp to be put in handcuffs and placed in the yard with a constable; he was kept there more than an hour; did not hear him at all riotous that day; I think he was sober; I heard Bell say - tye [sic] him neck and heels if he will not behave himself.

Cross-examined - I was three months in prison; there was about thirty prisoners in the gaol; I spent 10s. or 12s. a week in drink; I was drawing groats at that time; I believe Corp had groats also; I have seen Corp drunk five or six times; debtors were allowed a pint of wine a day, some had two or three pints in the day; I have drunk rum in the gaol, it was smuggled in; Corp was quarrelsome when tipsy; never saw him square at Bill or Murdoch; he was not drunk that day.

Re-examined - Corp called twice to Bell, that was all the offence he committed.

George Cutter - I was a prisoner in Carters' Barracks when Corp was put in handcuffs; Corp called to Bell and said, he wanted his wine; Bell said he had got his wine, and if he did not behave himself he would put him into irons; Corp said he was not game enough for it; a constable was brought and Corp was handcuffed; I heard Corp use very insolent language to Bell; I don't think he was sober, or he would not have uttered the language he did.

Cross-examined - I believe they were all receiving their groats; it was usual for one to give another his wine; Corp was very fresh that day; he was muzzy; Corp was frequently very unruly; I heard him tell Murdoch that he was only fit to be a keeper of a ---- house in Phillip-street; he was very quarrelsome that day; there were no cells in the gaol.

Henry Sloman - I am a bootmaker, and was a prisoner when Corp was put into handcuffs; I did not hear him say any thing; he was quiet and sober, no way riotous; Corp sat on a tub in the yard, and when it was locking-up time he refused to come in; Bell in an angry manner said, if he won't come in drag him by the neck. 

Cross-examined - I was twice drunk whilst in the gaol; have drunk as much as two or three bottles of wine in a day; it was common Cape wine; don't recollect ever seeing Corp drunk.

John Lambert - I am a shoemaker, and was a prisoner when Corp was put in handcuffs; heard him call to Mr. Bell several times violently; Bell desired him to be quiet; two constables came aud Bell requested them to put handcuffs upon Corp; he had them on about two hours; did not hear Corp riotous.

Cross-examined - The handcuffs were taken off at the lock-up time; when Corp was sober he was a quiet man, but directly the reverse when drunk.

Joseph Payne - I was a prisoner when Corp was put in irons.  Before the handcuffs were put on, he called three or four times to Bell, Bell told him to hold his noise, or he would put him in irons, Corp said he was not game enough to do it.

Cross-examined - He was not very drunk, I have seen him much worse than he was that day.  When tipsy he was very riotous.

The Attorney General having addressed the Jury for the defence called -

Richard Allen; I issued this writ against Corn at the suit of Smith on the 31st of December last.

John Murdoch - I am turnkey at Carters' Barracks, and had Corp in custody.  He was very violent when drunk.  On the 27th he was very drunk; he abused me and Mr. Bell very much; he said that I was only fit to be a bully; I have been in government employ since I came ashore; Corp showed fight to Mr. Bell; he said if we would not allow him wine he would get opium; I was standing in the front with Mr. Bell when Corp called out to Bell in a very contemptuous way; he was drunk; Bell said he would put him in irons; Corp was unruly, and Bell sent for a pair of handcuffs.  Sloman was a prisoner at that time, and a very refractory one he was; we called in the military twice, to keep him quiet.  Corp had the handcuffs upon him for one hour.

Mr. Foster having replied upon the whole case, the Chief Justice then read over the evidence to the Jury, and commented with considerable severity upon the conduct of parties who swear that they were unable to maintain themselves and so compel their creditors to allow them four shillings a week, which was usually spent in wine.  The Jury without any hesitation returned a verdict for the defendant.