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Philadelphia, Philadelphia County, Pennsylvania
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At Bridgewater Assizes, Hurd sued Justice Donethorpe and a constable for ordering his wife whipped over a 2s. 6d. refund dispute from witness fees at Wells Assizes; the sentence was commuted by paying half crowns. Verdict for plaintiff 20l.
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A person of Somerton, of the name of Hurd, was Plaintiff, and G. Donethorpe, Esq. a justice of that place, and a Constable were Defendants. It appeared in evidence that the Plaintiff's wife and another woman had been applied to by one Jane Board, to go to Wells Assizes to give evidence on behalf of Charles Board, a prisoner there; that half a guinea was given by Jane Board, to defray the expenses of the Plaintiff's wife and the other witness; that the Plaintiff's wife was applied to by Charles Board, to account for the half guinea, which she refused doing, alleging that she and the other witness had been out two days and a night, and that half a guinea was not too much. Board thereupon procured a warrant of the Justice; and on the appearance of the parties, the Justice (after making up accounts between them) ordered Plaintiff's wife to refund 2s. 6d. which she refused doing, the Justice thereupon said she should pay 4s. but on her refusal ordered his Clerk to make out a Mittimus, for he would send her to Goal; before the mittimus was completed, the justice said he would not commit her, but said she should be whipped; ordered the Constable to take her into custody, get a cat, tie the knots in it, strip her, and whip her three times round the market cross; adding, that if he did not properly draw blood, he should himself be committed—the constable promised faithfully to execute this decree, and took away his prisoner for the purpose; after being detained about an hour, the husband commuted the sentence by paying one half crown to the complainant, and another to Mr. Mogg, the Justice's Clerk, who produced at the trial, on the part of the Defendant, a warrant, to which it he reluctantly admitted he himself had subscribed the Justice's name. Verdict for 20l.
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Foreign News Details
Primary Location
Bridgewater
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Outcome
verdict for 20l.
Event Details
Hurd's wife and another woman received half a guinea from Jane Board for witnessing at Wells Assizes for prisoner Charles Board. Charles Board sought accounting; wife refused, claiming expenses justified amount. Justice Donethorpe ordered refund of 2s. 6d., then escalated to 4s., threatened mittimus to goal, then whipping three times round market cross with cat-o'-nine-tails to draw blood. Constable took her; husband paid half crowns to commute after an hour. At trial, clerk admitted forging justice's name on warrant.