"Thus war was declared about a piece of dirty land, literally not so big as a door-step, and the whole fee-simple of which would not sell for a shilling. The Trustees, however, thought they ought not to give up the rights of the parish to the obstinacy of a perverse fellow, like Bones, and resolved to indict Bones for assaulting the workmen. Accordingly, the action and the indictment went on together. "The action was tried first, and as the evidence clearly showed the Trustees had kept within their own boundary, they got the verdict. Bones moved for a new trial; that failed. The Trustees now thought they would let the matter rest, as it had cost the parish about one hundred and fifty pounds, and they supposed Bones had had enough of it. But they had mistaken their man. He brought a writ of error in the action, which carried the cause into the Exchequer Court, and tied it up nearly two years, and in the mean time he forced them, _nolens volens_, to try the indictment. When the trial came on, the Judge said, that as the whole question had been decided in the action, there was no occasion for any further proceedings, and therefore the defendant had better be acquitted, and so make an end of it. "Accordingly, Bones was acquitted; and the very next thing Bones did, was to sue the Trustees in a new action, for maliciously instituting the indictment against him without reasonable cause! The new action went on to trial; and it being proved that one of the Trustees had been overheard to say that they would punish him, this was taken as evidence of malice, and Bones got a verdict for forty shillings damages besides all the costs. Elated with this victory, Bones pushed on his old action in the Exchequer Chamber to a hearing, but the court affirmed the judgment against him, without hearing the Trustees' counsel.