It was mentioned in our second edition last week, that
Mr. Fraser, the publisher or -"raser's Magazine, had obtained a verdict with 100/.
damages against Mr. Grantley Berkeley, for the assault committed in August last. The action was tried on Saturday, before Lord Abinger, in the Court of Exchequer. Mr. Erie was leading counsel for Mr.
Fraser, and Mr. Thesiger for Mr. Berkeley. The particulars of the assault were detailed at great length by the plaintiff's counsel and wit- nesses. It was proved that three days after the publication of the August number of Fraser's Magazine, containing an attack upon Mr. Grantley Berkeley's novel, Berkeley Castle, Mr. Crawley Berkeley, his brother Mr. Craven Berkeley, and another person of powerful make, proceeded to Mr. Fruser's shop in Regent Street. Mr. Grantley Berkeley, who, as well as his brother Craven, is an athletic man, was armed with a large and heavy riding whip, such as rough- riders use to break in their horses. Grantley Berkeley entered the shop, and,went up to Mr. Fraser ; Craven stood inside the shop-door ; and the other man stood outside to prevent any interference. Grantiey Berkeley struck Fraser, who is a slight and weak man, a violent blow in the face ; and was afterwards seen holding him by the hair and beat- ing him violently across the face and head with the whip; Fraser crying out for mercy and help. After he had fallen to the ground, Berkeley continued to beat him in the most brutal manner; Craven Berkeley instigating his brother, by exclaiming, "Damn him, Grantiey, give it Lim, give it him !" A crowd soon collected about the door ; but were kept off by the bully outside, and by Craven Berkeley inside the shop. Mr. Bray, a builder in Upper Gloucester Place, was knocked down by the bully twice, in an attempt to get in ; but at length he succeeded, and arrested Grantley Berkeley's arm, as he was thrashing Fraser with the but-end of his whip over the face and eyes. He struggled with Berkeley, and they both rolled on the ground together ; Bray being rather a stout man. The police came about this time, and the Berkeleys were taken into custody. Bray dgsired them to take the man who had struck him before the Magistrate ; but they refused, as they had not seen the assault committed. Both the Berkeleys said, " You're a damned interfering scoundrel ;" and threatened to horse- whip him ; but as he had provided himself with a good stick, they thought it better to desist. Mr. Fraser did not recover from the effect of his wounds for some time. It did not appear that he had been asked to give up the name of the author of the article in the Magazine.
On behalf of the defendant, the assault being admitted, it was urged in mitigation of damages, that grievous provocation had been given by the article in Fraser's Magazine ; and several passages from it were quoted. Offensive reference was made to the bastardy of Colonel Berkeley, who had been " pitchforked " into the Lords under the title of Lord Segrave : it was said that the mother of the Berkeleys had had at least "one child before she could induce the old and very stupid Lord to marry her ;" that her father MIS a " man of blood "—" a butcher, who sold mutton chops." It was implied, that as the hero of the novel would " lie and pimp," the author of it would do likewise. Mr. Berkeley's mother was called a " Mother Cole ;" and Lord Euston was advised to horsewhip Mr. Berkeley, as a punishment for the impertinent freedom of his dedication to Lady Euston. In addi- tion, the novel was described as a mass of " looseness and dirt"— immoral, nonsensical, and horribly vulgar.
The counsel for the plaintiff rejoined, by reading passages from Berkeley Castle, to prove that the book was full of indecent trash, and that its tendency was grossly immoral. Tne following may be quoted as a specimen—
A heroine of the piece, the waiting-maid of Annette, is described as going to the bed-room of one Hugh Mull, and remaining with him for half an hour, while a groom of the.name of Will Watts, her sweetheart, was concealed under the bed. Then came such passages as these- " To my great amusement, Watts responded, in song, ' Fees in simple. fees in tail, The best 01 lees is a sweet female.'"
" Lord, zir, when a lad's heart be touzled wi a wench, be can't say nothing agen her. There be things in this mortal world as volks—young messier theme —nor your worship, nor nobody else, as I knows on, no, nor a horse, if so be as he has any brains, can shy at. And as mistress may like to hear what the old dainty proverb do say"— Then followed two nasty lines, not fit to be extracted.
Lord Abinger, in charging the Jury, laid great stress on the time which had elapsed between the publication of the libel and the coin- .pission of the assault, which ought to have cooled the defendants. "Jae also remarked upon the absence of any proof that application had been made to Mr. Fraser for apology, explanation, or the name of the author; although, as between gentlemen, the author, not the publisher of the article, would have been the party responsible for it. Mr. Berkeley had brought an action for damages against Mr. Fraser ; but it was clear that he could not have his revenge on the purse and the person too. The assault was most brutal. Mr. Fraser had been struck when down, which was contrary to the feeling of justice, and to the feelings of Englishmen such brutality was entirely repugnant. He explained how tar was justifiable fora critic to go in examining a work under review ; and left it to the Jury to determine whether the .atick in the Ma;azine should go towards diminishing the damages.
The Jury took an hour to consider their t erdic: ; and then gave Mr. Fraser 100/.
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