 Court of King's Bench -1789 "A very curious cause was tried Thursday before Lord Kenyon, and the fate of it, we hope, will operate to prevent such outrages, as gave rise to it. A gentleman whose name is Hewett Cobb, and who is an attorney of respectable character and practice, brought an action to recover damages for an assault and imprisonment against Jeremiah Flack, Benjamin Maddocks, and others. The circumstances of the case, as they appeared in evidence, were shortly these. Mr. Cobb on Wednesday evening the 17th of September last, in company with his friend, was returning home about half after eleven, and arriving within 10 yards of Buckingham gate, perceiving it open, hastily left his friend, in order to secure an entrance into the Park, but was not in time; he therefore in a very gentle manner touched twice or thrice with a small cane the centre of the gate in order to bring the sentinels, who were stationed within, to the gate to open it; the sentinels consequently came up, and a short peaceable conversation ensued, and Mr. Flack the defendant came up, and without any preliminary, said to Mr. Cobb, "I will take you into custody", to which Mr. Cobb replied, "for what, you scoundrel". Flack answered, "I will let you know whether I am a scoundrel, or not," and instantly seized Mr. Cobb by the collar in a violent manner, shook him, and dragged him like a dog, to which Mr. Cobb made only the necessary resistance by a gentle push with his open hand, after which Flack said, "That's enough for me, he has assaulted me on my duty", and instantly sprung his rattle, and repeated the noise three or four times, which brought up Maddocks, another watchman. They joined in seizing Mr. Cobb, treated him with abominable brutality, in contempt of the remonstrance of several respectable persons who assembled on the occasion, and who civilly intreated (sic) the watchmen to release Mr. Cobb, that they would become surety for his appearance; to which intreaties (sic) they paid no regard, but persisted in taking Mr. Cobb to the watch-house, where one of them knocked him down, and afterwards locked him up in the dungeon of the watch-house. Mr. Cobb was kept prisoner until twelve the next day, when he gave bail to appear at the quarter sessions to answer for the assault with which these honest watchmen thought proper to charge him. The defence offered on the part of these vigilant officers of the police, did not in any degree alter the case to their advantage. Mr. Erskine addressed the Jury with becoming force and energy on the behalf of Mr. Cobb. Lord Kenyon summed up the whole of the evidence and observed to the Jury, that it was their province to determine to what amount they should give damages to Mr. Cobb; and it was his duty to recommend to them, not to give inflamed or wild extravagant damages, but such as sober honest men would think adequate to the insult and the injury; it was necessary, however, that they should be such as might, in some degree, deter persons of the like description from committing a similar offence; and it was necessary also, his Lordship added, to check what was often very justly complained of , "the insolence of office". The Jury, after a short deliberation, gave a verdict for the plaintiff, with sixty pounds damages, against Flack and Maddocks. The above verdict appeared very satisfactory to the whole Court, and we hope will teach watchmen that it is their business to watch and protect property and persons, and not to assault and insult peaceable passengers." "The British Mercury or Annals of History, Politics........ of The British Empire - Vol. 8 for 1789". |