AN ACTION FOR ASSAULT 69 



barn-savages went down one way or the other together, and we 

 all went into the barn over them. During this scuffle not a blow 

 was struck ; I heard Mr. Gulley keeping all inclination to un- 

 necessary violence down ; and the most extraordinary paii of it 

 is, that by getting into a corner the deer had defended himself 

 fi-om the hounds, and, though much bitten, we saved his life. 

 The only blow struck throughout this business was when one of 

 the fellows hit at me, and I returned it on his arm. The latter 

 was admitted in evidence, by the man's swearing to the fact, and 

 stating that the blow he so received in return for a period in- 

 capacitated him from work. Never was there a more brutal 

 attempt made by a set of savages to get an unfortunate animal, 

 which had fled into their barn for safety, torn in pieces. The 

 upshot of this was so ridiculous a demand for money, that all 

 compromise was out of the cjuestion, and the man Baker 

 commenced his action against me for trespass and assault in 

 the Court of Queen's Bench, Scarlett for the plaintiff and 

 Brougham for the defence. It stmck me at once that I had an 

 indifferent jury, for they regarded Mr. Scarlett's rather jolly- 

 looking countenance and comfortable figure, as a bird might be 

 supposed to rejoice over one of his feather, with smiling com- 

 placency ; but when they looked on Brougham, it was with an 

 evident shake of the head, as if each juryman had said, " No, no, 

 my boy, you an't going to wile the wits out of us with your 

 eloquence ; it's Scarlett as tells the truth." Called for the jury 

 was one of the Messrs. Gunter, who always used to hunt with 

 me, and whom, with his brother I think, to whom Lord Alvanley 

 gave the advice of " icing his horse," I was always delighted to 

 see with my hounds, and to him the complainant instantly 

 objected, some of his party basely insinuating that Mr. Gunter 

 looked in his white greatcoat vnusiiaUy stout, that he never 

 seemed so large before, or behind either, and that they were sure 

 he had a plum-cake in each of his greatcoat pockets, resolved, 

 they said, to stand any length of locking up, rather, I suppose, 

 than join in a verdict against his conscience. Gunter objected 

 to, the jury was then sworn, and so fascinated were they with 



