The Express.
London, England, 1862-02-12 00:00:00

tab) intellivnce.
COURT OF QITEKR-13 BRNOR.—Frs. 11.

Sittings MINI Prins at Wsanninster.—(Bll9l. 21r. Judaea
Blackburn and a lignsial Jury.)
DAWSON V. VAN BANDAR. —rAtsz IMPRISONMENT LTD

BLANDILL

This was an action in which the plaintiff, Roger Dawson,
attorney at Northampton, sued the defendant, Andrew van
Banditti, of the firm of Van Santbtu and Cumming, solicitor'
in King-street, Cheapside, to miser damages for false im-
prisonment, and also for slander, in imputing to him that
he conspired with Cooke, a bankrupt, to defraud his cre-
ditors, and to suborn false witnesses.
The defendant pleaded "not guilty," and also a plea
reiterating and justifying the slander, which, he alleged,
was true, both in substance and in fact.
Mr. Serjeant Sine, Mr. Hawkins, Mr. Macnamara, and Mr.
Mereweather were mowed for the plaintiff ; Mr. Serjeant
Ballantine and Yr. 801 l conducted the defence.
The action arose out of the bankruptcy, in August, 1860,
of Poole and Bryant, boot and shoe manufacturers, of
Northampton, in connexion with the great failures in the
Issither trade. The plaintiff had been a solicitor twenty
yam and began practice at Northampton in 1859. On the
ID* August, 1860, after the bankruptcy, James Harwell, a
bithime broker, called at the plaintiff's office and said that
a hew quantity of goods, sold by Poole and Bryant to
Jams Cooke, of W 41•11, had been mind by the
memenger in bankruptcy, while they were in the
ponmenon of a person named Chapman, of Kings-
thews, Cooke's agent. Previously the plaintiff had
known nothing
had
of the bankrupts. Har-
well said he had recommended Cooke to consult •
respectable solicitor, and that he had come to the plaintiff
to speak with him on the subject. Chapman afterwards
called, and said that Cooke purchased the goods early in
July, and that the bankruptcy took pleas in August. The
plaintiff said that the regular enures would be to demand
the goods before commencing say proceedings. On the
following day Cooke, who wee ant for to Wand], came,
sod, in I*y to the plaintiff's remark, that it was an un-
[catenate banner, sad, " It is ; but I have made a first-
rate bargain, and I shall stick to it. I bought the goods
at a great reduction of price, and I think I shall
mike mosey by them." The plaintiff said it would
be necessary to prove the sale and delivery of the
=sad Poole, who woe also present, said
would be no difficedty about that, as ha clerk would
prove the sale and his carman the delivery. In September
the plaintiff issued two writs spinet the official assigns.—
the ad the suit of Cooks and the other at that of Cluipman
—end the appearances were entered by, Mr. Van Ssadau,
who acted oe solisitor for the °Sad assignee. In the same
month the *MIK at the request of e, attended as
lile waiter at the enaminatioe of the bankrupts. On the
15th of November the plaintiff, when in London,
received a letter from Poole stating that be was
taken into custody, and asides him to come
and see him. He visited Poole Ia his cell, when
be wished him (the plaintiff) to act as his solicitor, but he
declined to do so, and introduced him to a Mr. Philpots,
the managing. clerk of a solicitor. Afterwards he attended
the examination of Pools at Guildhall, to watch the ease on
behalf of Cooke, and he then produced a statement which
he had %ken down in writing from the mouth of Beard, a
carman is the employ of the bankrupts, end according to
which the goods were sold and delivered to Cooke before
the ban . This statement was made by Beard before
the commenced the actions, but at Guild.
ball he denied baying stated its contents, although
he admitted that he bad attached his name to it.
Yr. Vas Sandals declared that the statement was fabricated
by the attorney for the purpose of deception and fraud.
The plaintiff emphatically denied the imputation, and Sir
B. W. Carden, who presided, remanded the case until the
billowing day. The next day the plaintiff, alluding to the
ethaptiom said he wished to make an application personal
solf, but Mr. Van Soudan gal up and said he had a
paler application to make. He then stated that he had in
Ms hand an information sworn by Beard to the effect
ail he never made thi written statement adduced in evi-
and he called upon the megistrate to commit the
Mr. Dawson, for conspiring with the beakrupta,
cad Dzioat. to defraud their areditces. The plain-
tiff was thermona taken into custody, and removed
Ilieerleas slam, where the charge was regularly en-
Wed and Aped by the defendant. He was searched and a
Vof pipes taken out of his pocket and placed in
MS, d Mr. Vita liendan. The plaintiff was then
Was hereto Guildhall, lied pat bites cell untilthe cam was
Galled en. He was afterwards placed in the dock with Pools,
sad Yr. Van Bastian said that cbxruments had been found in
his poemesion which would enable him to being home the
charge to the plaintiff. The was, however, ad-
journed sad the plathtiff liberated upon his own
recophances. Several other adjounments took place,
but ultimately ffir R. W. Cards. said there was no
evi-
dence against the plaintiff, and be was discharged. Poole
was committed for trial at the Old Bailey, sad convicted.
The plaintiff was examined is earreboratioa of the above
facts. He positively swore that he did no more than write
down the statement of Beard, as be made it to him, be-
lieving it to be true. He pr.e similar testimony with re-
gard to the statements of Hall, Woodford, Chapman, and
other parties, who volunteered their versions of the treas.
action, and denied that they were fabricated by him with a
view to defraud the creditors.
On the part of the defence much reliance was pinned upon
the documents found on the plaintiff, which it was alleged
were at variance with the account be had given of the
metier.
The jury, situ being looked up several hours, returned a
verdict for the plaintiff—damages 2001.