IT was virtually standing room only at Southampton County Court in 1858 when Captain J R Engledue, superintendent of P&O in the port, was sued by William Johnson, collector at the Romsey toll gate, for £50 for assault.

The hearing only began after an extraordinary application from Engledue's solicitor tried to have the case transferred to another court elsewhere in Hampshire because he had been threatened with being "mobbed" if he set foot in Romsey.

His application however was rejected.

The argument centred on just threepence. Johnson claimed he had not paid the toll fee, Engledue insisting he had.

Johnson said when the captain refused to pay, he grabbed his horse's bridle. Engledue then got out of his carriage and struck him with such force that he fell down.

His evidence was however firmly contradicted by Engledue who was adamant Johnson told hold of the horse's head after he had paid the toll. When he asked him to let go, Johnson refused.

The captain admitted he had struck him but only on the hand and the pair of them had both fallen over.

Using nautical terminology, Engledue maintained: "I thought I would be capsized as he tried to force the reins out of my hands. My wife was in the carriage with me."

In his summing up the to the jury, Judge Gye said either one party or the other had totally mis-stated the facts.

"As regards to the law, both of them are in the wrong but it is clear Captain Engledue was not justified in committing the assault."

Putting the matter into context, he advised the jury to award only minimal damages and without costs.

They duly awarded the toll keeper £10.