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-; - 71 9 '^F - ' LAW INTELLIGENCE. TOVRT 01 , KINGS hENCH - --bWervaimsTe4,Juis so. • ptitt,js at Nisi Prins, before Lord Chief Justice ELLIKROROUOR. ASSAULT AND FALSE IMPRISONMENT. NSA GE V. NATHARIIL coNANT,,RiIo. Mr. PARK shawl, this was an action to recover damages for an assault and false imprisonicent.— The Plaintiff was a respectable person, who was in the habit of lending money out on interest; had a house and retitled at Knightsbridge; and also had a house and office in John-street, Golden-square.— The Del, natant was a moat respectable filagietrate, b e iougtog tb Marlborough-street Police.:Oftce, and s Gentleman who was considered most upright and conscientious in the performance of the 'tunes of his office ; but if he had erred, even from mistake, and the liberty of the subject was taken away, he was amenable to the lawn of his country.-'A young Lady, of the name of Elise Davis, came to Loa it ni, from %Vales, under peeimiary difficulties.— !The was arrested for 1 Ml.—The Plaintiff' went bail for her, and gave her apartneoits in his house, iu John-street, until she could settle her atrairs. Miss Davis had fiat the heat temper; she quarrelled with the female servant the Plaiutiff had placed with her. aAd he was obli g ;ml to rfischarge her ten days before the cause of action took place, and hire * chat-woman to attend her iii the day-Line. —The Plaintiff and his family always slept at Kaightshridge. On Sunday morning, the .sth of Ort,hee, 4006. the Plaintiff was etarpneed, at four oh tack in tts•• morning. by two NI arlborou.4ll-street trfi •ers kvo..k.iii4 at his door, at Kit ghtsliiridge. who informed him that there had been a dreadful noise and screening in his bailee, iii Joint-street ; tint th-y had broken into the Isnulw, and round - a it.le *tack •••,kref. Tie Plaintiff sinm-dietely dress ed himself, aud.wetit with them to John-street ; he Wood Miss Davis very ositragenos, but dressed ; e•mr.for the einienetkul servant, am) left Miss Da via ill 'err care. At nine o'clits•k the next morn- Mg he canto to his office as usual ; three or four offi•visi rtaase Aram the Marlborough-atr, et Of fice, and told lino he mist go in necliately be fore the Magieinste; he salted, had they a warrant They said not. Mit he must Rs. He told them he rotatively would not. without they haft authority to being hitt. ; ' they then went tip stunt, and carried Miss Weir off in a coach. In a few inmates, about 20 conatables returned, and dragged the vaiotiff to the Police Otfi::e. with a mob after th em . e•irtanit any authority, awl would mot allow hint to lama coa••h. When broutzitt to the'Of f iee. no esa oinaiirm took place. Mi. Conant «aid to the Plaintiff, w You must go to prison." He asked for what ? Witro the Drfeudant replied, for ammult ing and likely imprisoning Eiisa Davis, and im mediately committed the P!aintitr, who was con- Root iii a kind of prison they have at the Office, far an hour anti a half, before any of his friends could hear of his situatlea, when he wits hailed oat. The Defendent sent Miss Davis to Bt. James's Workftinise, resin whichebe went to %YAM. T:ie Plaintiff asked 111114 Davis, before the Die-• fewsiaitt, if she had any complaint to make, or reason to find fault with his, the Pltintiff's, con duct ? and she answered she had not. The Learned Catinsel the. said, it wee not late that any man • ehould be dingged from his honav to a Police Other, without there was an information bulged against him ; if it *as, it woulel tint be Safe for him of any other individual in the Court to lenve it, as they might he liable to the same kind of usage ; neither was it legal for a Magietrete to commit an, matt without a heariag, nor to receive evidence without the person accu,e,l was present. Under those circniostances the Jury mast give a verdict for the Ptaiistiff. As to damages, they would assess then aecorciug as the recninpemie thee would ex tw,o. if placed in the situation of the Plaintiff. He the., pro.•eraled to call his Witnewoes. Mr. Cswkayne, ihe Piaiittilf's Attorney, proved the' service of the notice of action, on the I. Mireli, 1807 ; and also proved the rtrvice of the writ cm the !Mout ant, on the 3.1 of April, 1807. Samuel Adam Crisp deposed, that, on the tkh of o:time• , and for sonic tune tiefore, he used to oblige tin- Plaintiff by attending his office for him. iii John-street, his clerk having left ham. In the morning of that die. Gregory, the constable, and moodier. Maln to the Plaintiff's house, and mid there had peen a disturbance io ' the house on the moon's/ hectare, and they came for a young wo man of the aame of Davis ; ' she Plaintiff came from the back-parlour; they said he most go with them also. Ile asked them what furl or had they a warrant ?—They said not, hut he must gm—He Laid he certaiuly would no., w thous they shrived their autlionty. He desired the witness to call the servant, nod direct her to acquaint Mies Davis to get ready to go with the constables. • They rushed up stairs, awl brought down Miss Davis, and the servant, and put them in a hackney coach; Gre gory got into the carriage with them, end shove off. with a mob of people folio:emir ; the other constable remained behind. In cheat 4 limner of an hour, twelve constables returned, ar.d drugged the Plain / tif out tif the house. lie begged of them to let Lim have a coach, but they rrfnard, and braved him through the streets, amonast a mob of p. rsOns. The witness did not see him „gain until evening. On his cross-exaininatioa by Mr. Gattnow, he slid, that the Plaiutiff kept an A y Office, in John -street, 'and he was the same person that kept the Annuity Bank, al Knoghtihrulge. He did not . • know how king' 'WIWI Davis had been at the Plain t:Xs house. Ile never saw her more than onee or ' • twice : supposed she was about twenty-five years of age; she ass a delicate-ionking little wi, nail. snout a week bereft the 6th of October, he went ; up stairs to ter to quiet her, she was making n greet noise, and hail heen drinking as usual.—Ha never heart' her say the Plaintiff was coming to mur der h.r. 'At did lint know she was mike(' the morn. tug the kioOsf yes broken into, nor that her bed wigs eelliti to lie oh tier that there were only three s 'lists of breed in the hnuse, and not a drop of w der. sllle. hod a morning-gown on when token Loin the house; and a Imitate of clothes was carried wit with here Hs did not believe she was many i • MOTs locketi•up slime. Ile could not say what 1 fornitnre woe in beer room, as he never was is it. The servant-0i ined to go out and bring heein li tt.ior He diffiviit know how the Plaintiff had become • .•• - :ia'.oted with her.—She never waisted any tines that he knew of. He never beard or thistigtt tbere. was all improper connexion between the PLUMS, and her. • Anne Osborne deposed at tiara*" of Site warn she lived as servant with the Pllbastit; Ifni* lived at Knightsbridge; she lark seer the biers, in John -street, lived there berme Um Thesis eeme. Miss I)avis had resided shoot • maim reerebe in the Plaintiff's house; shit onffi had every thin -a lady mold ride r. the wit ness left the Plaintiff about Ow imp bane the house was broken opt.. ; an 0 Star-woesat at tended her. After she left the bean s wu 9111160, • ;he sth of Octnlwr, Mrs. Neale eons. to 'hi wsto uees's father's, and brought her Inch ; found Hies Davis", apartment in the same eiteistiee she he* left it. She . was a lowans that 'mold have liquor, and would snake. the witness take o u t her clothes, and pledge them to purchase liquor; she drank so much she could not sat say thing. The witness was making coffee for her when the con-tables came iu end took them both to Marlboron4ll-street (Ace ; she saw the Plain tiff brought to the ogles ; she wee not examined neon oath ; the Defendant asked Miss Davis if she had any thing to allege against the Plaintiff for misconduct ? She answered she had not. The witness we% asked the taros question relative to Miss Davis, and returned the same answer. There was no other person examined in her presence ; the Defendant said he would commit the Plaintiff, who replied, "if you iln,you commit me without my having been guilty of any fault." He was then committed; did not return home for two hours afterwards. On her cross-examination by Mr. Geattow, she said -)lies Davis was young, and extremely hsud some ; she slept in the two-pair room ; the Witness slept with her en the Sunday night before they were taken to the Offioe ; she was very noisy ; she was intoxicated ; she went linked to the front wm• slow, sereeining out that the Plaintiff was coming with pistols to onerder her ; she took the sheet off the INA, and tied it to the bolt of the door, and swore by her God she would sting herself out of the window by it ; not a being ever Caine to see her. The Plaintiff used to leave John-street at eleven, twelve, or one o'clock ; he sired to lock rhe front door outride; Miss Davis had always mad his whenever aloe got biome. and iu these tits cootioually raved that the Plaintiff welcoming to murder her with pistols. The Witness never said the Plaintiff was en inhuman man. The Plaintiff friti made complaints a4ainst the Witness, and she against him. He pat her twice in the watch house. Mr. John Ho nt deposed. that be lived opposite to the Plainhffin John -street; that on Sunday more. ing, October the Sat, 1806, head his family wen awaked by dreadful shrieks; it woe s seise be lbd beard several time,' before. He set tar, and looked • out of the window ; he saw Mins Davis at/today/gat the two-pair window of the Plaistifebousie of nature, crying nut " The villain Neale baring tomurder roe." tie asked her if he was in theist's's? She owl he was, and was going to murder her. He called the seateirnien s and sent him to the Into. house for a constable. who came. sad gee hoe she house ; saw Mini ewer her with • bieuket. whoa lie got into the room. He went is Meeday, Marlborough-street office; the Plaintiff would sot, in his opinioo. have bears essmunittimis ifit bed wee been for he conduct in the office. On his cross insemination by Mr. GAIIIIOW, he said the noise was most dreadful at times, it was like a woman in the pains of child-birth. crying out "Good Go I, de liver rue !" then that would subside. and she would arritam moot violently that the Plain tiff was coming to murder her. Bedlam could not have presented a more horrid spectacle than she appeared at the Police Office. From the change in her looks, through disease, he could se srcely recognise the beautiful creature be used to see drive to the Plaintiff 's house in • chariot, with a footman and green liveries. l'hellaiotiff did not enter into any explanation. She had been reduced from her equipage to the situation in which she was found. It woriipparent to every perm" obi was not in a state to he lett wtthout attendants; and be trusted he would never see such another spectacle of misery. John Patrick M'Kennell deposed he was clerk to the Plaintiff, and hail been at Wales, to serve Nliss Davis with a subpaise, but could not find her; was at her uncle's, a rirepecable Amer, who, he believed, suspected his business. as he told him, if he waited MK months, he should not see her. The Plaintiff's case closet( here, Mr. G ARROW addressed the Jury, on behalf of the Defendant. end said, he was sorry the Plaintiff's case had been closed. If he were not to address • single word to them, he was confident they would give their verdict for the Defendant. He thought there was no language too severe to be used against the Plaintiff, for his conduct towards this ill-fated' and ienfortimite lady, even from the evidence of his own witnesses. A piling lady, exquisitely beatitiful, driving about in her chariot. became the inmate of his house, and whet was the sequel ? It hes been cep tinsel to you by the witnesses of the man who committed the deed, and hiss the effrontery to come now into this Conrt and ask for • bounty or a premium for acting as he did. As Englishmen, he (Mr. G.) would not attempt to pour out the feelings of his mind to them. for he knew they were all as susceptible as he, although, for want of practice, they /night not with the setae ease give it vent. He did not believe there wan a mini in Court who did not feel is he ail, except the Pluiutifif and his Attorney. Was iv possible that there was not a physician, en apothecary, or even a deerepnl aid nurse, to come HeWerd, and give evidence that they had attended wiles mhos tunate young lady ? You are asked for ffiaillerieleir the imprieuninent of the Plaintiff, of II for three quarters ref an hour, in COOntlinettleillettelne. tion which must be as everlartiorgebilmariseihis srtr duct. He was one of those bribe Ira Alm se sist the distressed; he spent his helms sad ta lent, i n seve r a linolsn out for At objec e tt ior - d rillimetlaing, besides rpritate Agents; tt i r si z i :t a t i ; wits an honour to his counts": he *WI of the widow and the fatbei of the fir ; gnat llowanl evaporated when briusqltt indigo**. lima with the Plaintte But why had rot thistirwas. - cu sae and good man espleined how he first beef acquainted with this uufortuisatetady ? who into. dnersl him to her? wirer she was nonfleold fhr eighteen months t whet made her isomer ? and 140 breeshrt her late the grantee she (*unit itoilrell file i v ory; to pray to their God, t:tat c .n psi of their families might some a tdet @rs protectiqm Mho went into his I house with, yawls Ata.l lobtritr, sad kit it a wretch ed Itiamic.,—What can tiny discerning mind sup pose was the imitation of the Plainti ff ! Was it nut ,that this uuhappy Crestare ihntild be destroyed by cruelty ? or, whit hi t'vutild hare thought s e tt er , idiot she sho uld destroy hermit 1 You see, in every adsowit of her ravings, at the Moment that her Cl:llare compared tii thoia «f a woman in chiW 11she Weals out and aziclainis spinet the "Plaintiff, that he is co,ning to murder her with pistols. k was not like the dag4er of Macbeth. that was Steel in fancy; the unfortunate Miss Davis *as acqtaainted with the pistols, and was under the terror of filen% ; they had made so great an impres sion oo lietoisiod, as brought the being, who was once worthy of admiration, to such a spectacle as describ ed bL e rit. Hind. Bitt the facia of the care were, th e se the endued sent a polite message to the Plaintiff, that he wished tu see hint at the Aloe to esplaia and he sent him back forasswer, that hr did not , care a al--u for all the Magistrates. Gregory takes°, Mies Davis, lodges an information against the Plain tiff, gets a warrant. cad brings bias to the °Ace by rirtueof that warrant ; he refused there to give any. explanation. Miss Davis made no charge, for elm .was tucapable; she was so weak in mind and alba was for a lehgth of time in St. James's house before her bodily indisposition was alleviated; but her mental powers 'lever recovered ; and this , once beautiful woman was totally blind, in a fart« night after this horrid scene, for which the Plaintiff is now ssrltifg damages. He would say that owe was an Omnipotent Being above, who always administered justice; however slow it was in cursing, it would approach at last ; and he had not a doubt but it would fall on the head of the destroyer of Miss Davis. He then proceeded to call his wit nesses. Joseph Gregory deposed, that he was an officer belonging to .11,trlborough-street ; that on Sunday morning. the sth of October, 1806, he was called on by a watchin in, who told him there was a cry of " murder" in John-street ; he went down ; saw Mr. Hunt, who lived opposite the Plaintiff ; saw a lady naked. looking through a window, exclaiming, " He is coming to murder me !" went down into the area, forced the kitchen-window, and got in, accompanied by a watchmen; found the kitchen disor locked ; broke it open as quietly as possible, afraid of alarming the unfortunate lady, sod sus pecting she might, iu her frenzy, throw herself out of the window ; found the doors of all the motes feet, except the one Miss Davis was in; went softly into the room ; her back was towards him ; be lifted a blanket from the aide of the bed, sad put it round bee ; she was se weak rise fell; she inked for water s he west to look for sods*, but could net find any in the haw; them ware three crusts of bread on a plate, * the bed-side ; looked for her clothes, but as use Sad say ; the bed was is a shocking esouffitims ;owe dews to the street door, and fasuad it frelesed, larked ea the outside • went up stairs ages. sad hoed a wsagiper , whic h he put es Oar. mad lied it swami her went with Isis peter; left the weeshasaa width*, ; earrietirmaisad teeattbeevigh the area, iota the mousse; the might:waft shims* hiet to go to the Plaintiff's hgeffl at Zgligligkei4ga4 areas there, find called ilea Mietiff , irbe pt - ap. and told the Witness to walk slow, and he would fol low hint, which he did ; when be came up to him, he said he hoped the Witness would not say any thing about it. and he would reward him well. On Monday morning the Witness told the Defend ant of the eiransatimce ; he sent him for Miss Davis. and to tell the Plaintiff he would be glad to see his ; he delivered the message; the Plain tiff said Mira Delis was not in the house. The Witness west up stairs—found her in the back room, two-pair, lying en a settee ; on his open ing the door, she new to it, caught hold of the handle of the lock, and fell down from weakness. He lifted her up in hi, arms, and laid her on the settee. He told her he was come to ' protect her against the Plaintiff. She became quite satisfied, and he conveyed her to the car nage, and brought her to the office. The moment the Defendant saw the .hocking state of Mies ' Davis, he desired him to enter all information, get a wettest, and bring the Plaintiff by force, if he would oat otherwise come. When the Plaintiff came to the office, the Defendant put a few spies ' bons to him, whit+. he sell he would not an ewer, for he did ant ohms there to messiest* himself; that Miss Due ices wades Ye petsteitien. and she had relantarily' pas berself tinkle.. Mims ' Davis wee mat br 14. James's weirfolinese. The witness had trial to primal ea bee to Irish wise, but she always retased. She was fiereAtr Viol hi a fortnight alter she west iota ties he t& Mrs. Hem gasp nearly the aeme.grilleamt as bee hasband. a** use positive **Mier Davie was the lady obi seed to come to the Pieliatif's in the chariot. Mrs. Ryan. motto. else work-beam. rend the weak state Miss Davie sr* is whenb to the house ; did sot think her demigod, iri t 2 mind was mach *Wed. and appetites' influence of fear ; Dame. tdbest she leas veer ills ex* the wiewese believed she thought * tree Gaiter [ death-bed. she said,'.' New I am dyiag, and I ewe it all to that villain. Neale," She watt with her to Wales ; met her friends at Narhath, mad delivered ' her up to them. She hail completely hatter sight; never knew her Jo have the last Unlikeliest eednek. Mr. Hlseme. the Clerk of Marlbsi Pnlieeeffiest, peeved the exmaiiimione= and Mr. Hunt, is the presence ekbe Pleatil4 he. fore the Defendant. and produced the busk MM. mining them. Mr. PARR said—" My Lord. I threw tip thy brief; if 1 had ham aware of this evinainaties tour ism taken plan., I should pot i. 111,11 debased the Court ; bat your Lordship know., howeverungra. cieue the eausewe may be engaged in. it kali deity to act ehe beat way parable for our client." The Plaintiff was 'accordingly nonsuited, to the ' grist and expressed isati,faction of every person in Carnet, eaeept the Plaintiff and his A notary. OMIT OV COMMON PLEAS. , Skelly ei IVi,i Prigs before !Aryl !'bird Justice MANSFISLD emir e Specie/ Jar . y. atirraniigra S. MoD. This woe an action to recover d.i.sis.to. for delis ' ration. The damages were laid at 4,0uJ1. Mr. Serjeant Snefneay. for tan that his client was an asaietant E he taught the French !angling! ant wild A hattar'• t had circulated n standelotts steer .truction of tint Plaiateff's clarinet him on intention to cement au unto hint (the Defendant), when he tall nn the evening of the 27th April hie uhrater was Juected to dress. which the Learned Cocneel wee vi of such a nature, that ele forts particulars. 'lint key. Doter Gteetlall, ( P stated, that in consequence of tuatle to him by the bop's father. Pend,. nod had some conversation 'the subject. Pend repeated to hie as he -had before heard theta fro did not MI out. whew the conduc starrd iletd mo overture fruits 1.6 place. hecaniehe would not offend . tomer. Dr. Goodall, in consequena Berthemier ; he had been a long arl and always bore arod ellaracter. appear to him to eel indignation a tilt, nor to have soy istantiou of I had no conversatioo with Mr. Bert subject, but mach with hi. friend Martha Lowden was servant where Mr. Berthoolier lodged ; . when Pond called ; he staid the heard nothing.; saw him j, out somethesig. es he went, to Mr. Ber 'not kairie-orhail it was; heal' not ' a burry. The door was sot abut. Mr. Webb knew Berthomier, house ; saw P..trul in his master Poorrs master say, Mr. &dhotis's: ratter, he acted improp erly to this: Pond.) Webb deli him to be wooed say sock • thing, nail this he would be sorry to hurt him Mr. Reilly called upon Mr. Ea to relate the oat) leo; herd terms as the other wane:sea ; oo was used ; no violence offered, and accordint to the Plaintiff's own at Miss Webb saw the hat Wong, street and parlonr doors were op mainerl; she was net at borne on tl Mr. Serjeant Lana, for the Deft ed, that no evidence had been giv the act wan done with 'infirmity. impression on the Def.ndsot a rsn of the kind had been offered to bi the moat prudent end proper ems to his master, alto hod Moo acted consulting Doctor Chrodall., the Reilly, was at his 'ern request; I Plaintiff; there was loathing that ea to conclude, that it two that to alit of words for whit* they shook, gi maliga4ty could ba resammod, air ea moo but 00E04 le show ash bate osoottidoed soy loot**, ogi After a omit osoophardiso by . iho Lemma hiss. voidlehmdomoges 411".,prits The was as Wien_ keno & art sot, sea of the sonmlll•B4lMs.Si ranted a theiare num t e Phi Mil to petform the contrition, swat wit recover the sum of POOL Ufa d condition was prochtemiC from wl that he was to mend the ami< to and to leave it, at the expiratiOn wu one year, in tenantable repair Mr. Young examined ; is a carp necessary alterations in the house, it was origioally • music-room ; ployed to coeval it note a eircao of horsemanship; his bin ease not state how mach was "beat in a distinguished from alteration& Several other carpenters were pro posed, that they had been employ , tions, sod the alterations would hotter. William Warwick stated, that M possession of the pismires in June, the house wee then in tenantable r wall was bulged. All the articles were in the house wheal he got pea had souk something. but ootluni now. Mk Saunders left it in 180 state • the water entered and injure woui now take three or four but pat it in tenantable repsi r. Mr. Cliln saw all the articles n inventory as the premises, when op so Mr. &wader& - Mr. Wright stated that they all he left it.. Mr. Daly thought the Oreheetr repair : and 1001. if wanted es al ornaments could not be painted for era seek.—••Dasoogre 2001. semieweamat OLD BAILEY, .11:11 11/4s Sir Stroux La li 1111111RDBR. Dempues pot to the 134 OD two Miellittlo ladietments. foe Sarah his wife, Nod tildery his iefi 'or as tae oths of age. The P. timto be perfectly startled, e; l es from the ground during trial) Opel beinK calkd OD to pl. atent,,gitilt i y ot not guilty,elisecre " Milky. suppose." Upon the desiring hits to be told to plead lb so accordingly. Helm then give' Jnry. Elisabeth Bloekman, the moth' , was then called, and, under co hon. detailed the circumstances sr melancholy cataatropbe.-.-Sbe with her daughter and sou-iw-las No. 6, Skiontentreet. Somer's.tos June. the Prisoner desired her to whieh she slept with two of her gr stairs to the room in which lie an with their inflat child of about She did so, the n , id day. Monde en slept that eight together in _ - 11•IwW.