Mr. Gurney having opened the indictment, Mr. Serjeant Shepperd stated the circumstances of the case. He observed, that it had long been the practice of various persons to undress and bathe so near to the houses, and within view of the inhabitants of the town of Brighton, that at length many respectable persons had associated themselves into a Committee, to prevent such an indecent nuisance. They had accordingly met and pointed out the limits within which persons not using machines might bathe in the sea, and in general most persons acquiesced in their resolution. In order, however, that no person might complain of any hardship, they resolved that all persons who were invalids, and to whom it might be inconvenient to walk to the distance prescribed, should have tickets given them on application to the Committee, which would entitle them at any time to the use of a bathing machine gratis. And still further, to preserve public decency they had built a hut on the beach, wherein any person might undress himself under cover. Notwithstanding these different accommodations, the defendant, who was a tailor, at Brighton, refused to conform to these reasonable regulations, but obstinately persisted in the indecent practice of bathing within a few yards of the houses. He had been frequently remonstrated with, but his uniform answer was, the _sea was free_, and he would bathe when and where he pleased. Nor was he merely content in doing this in his own person, but he had induced many others to follow his example, and he constantly came at the head of his companions, by whom he was denominated the Captain, and in defiance of all decency and remonstrance, daily exposed himself naked on the Beach. The Learned Serjeant here called witnesses to prove the facts he had stated. Mr. Marryatt addressed the jury for the defence, in which he stated it had been the custom at all times for persons to bathe where the defendant now bathed, and they ought not to be disturbed because Mr. Ellis, the witness, had thought proper to run up houses within view. The Chief Baron thought this a serious question, and stated his opinion that it was an offence against decency and morality. If a town grew up, the inhabitants must not be annoyed with indecent spectacles; and therefore it became the duty of the bather to retire to remoter situations.—The Jury found the defendant _Guilty_.