
    Bacot against Keith.
    
      Columbia,
    
    1802.
    rageous" assault give on-iy one dollar eouJt^wUi trial * aitu? or "oustomary to grant new count of the smallness of damages. Where a jury in a very out-
    
      ASSAULT. "Verdict for plaintiff. Motion for new trial.
    - From tne report of the Judge who tried this cause, (Mr. Justice Waties,) it appeared that this was a most wicked, cruel and unprovoked assault on the part of the defendant, w^° ^ad fired a Stln at the plaintiff, loaded with buck-shot, which had nearly taken off an arm. And for this iniury, the iüry had only given him one dollar damages. . J u
    , , This was, therefore, a motion for a new trial, not so much on account of the smallness of the damages, as for the gross and shameful misconduct of the jury, in trifling with the laws of their country on their oaths, and with the feeling of the plaintiff himself; as it not only threw all the plaintiff’s costs upon himself, but left him without redress for this dreadful outrage committed on his person.
    It was urged, that such a verdict was a mere piece of mockery and insult upon the justice of our common country ; and if the old doctrine of attaint had not gone into disuse and become obsolete, they would have deserved the punishment annexed to that ancient mode of proceeding fot-so shameful a verdict.
   The Judges

were unanimously of opinion, that the jury in tbis case had behaved most shamefully, and deserved the severest reprehension of the court for such glaring partiality aud injustice. And although it was not usual to grant new trials on account of the smallness of damages, yet this was so extraordinary a case, in which every principle of justice had been outraged, that they could not hesitate a moment in ordering a new trial, and that without costs.

Rule for a new trial made absolute.

All the Judges present.  