The Express.
London, England, 1860-02-04 00:00:00

COURT OP KIECHRQURR.—Fis. 3.

Sittings at Niel Plias at Westaalawar.—(Balsrit Mr. Baron
Mania and Comma Julio.)

PAT= IP. TKOKKILL.-111411/3 IKPI

Mr. Berjeant Paarreryy and Mr. OEM were counsel for the
plaintiff; Mr. Chambers sad Mr. Charles Pollock appeared
kr the defendant.
It appeared from the SIM kr **plaintiff, who is a grainer,
that ha. moxspeaked by • *lead, named Noncom, who
kaal been a hatter, is beanies In Maryleboarbuse and ether
pleats in Landon, wont os a tour, first visiting Yarmouth,
and ultim,tady 'lndies their way into the hop-pickle, die-
Wide of Kent. By title time Newoome's puree, which bad
paid the 'morel espouses, can rather low, and both man en-
gaged themselves a. hop- ere to the defendant, Mr. Nap
Thurkell, of Park Penn Brenchley, in Kent. Oa Moab of
October, they were paid at the defendant's pay-tab/it by
his daughter. sad NiMPOOMIII gave the plaintiff a sovereip to
take care of, at his pickets had boles in them.
time afterwards the defiendant accused them of having treaded
• sovereign too mach. They denied it, and vent back to the
defendant's house, where the charge was repeated ; and oaths
plaintiff stating that he would sot give up the sovereign.. for
they had not received two sovereigns, as alleged, instead of
is., the defendant sent for his censtable's staff, and struck
the plaintiff violent blows on the bead and arm. Marie(
taken the sovereirn from than he then bad both men baud-
onffed, and on their demanding to be taken before •
trate, took them in his cart to Captain Tbio=
dent left them outside, and went is, bat he did not
vere in the charge, and on coming out removed the
basd-
cuQt. He than drove them back to his own hams, having
an the way fretted them to brandy, ale, sad porter. They
slept In their usual place, near the defeathintre house, that
night, and walked to Leaden the following morning, where
they consulted an attorney, and then brought the present
action.

The plaintiff, Newton.., and an Irish labourer named
Hayes, proved the mos.
The defence—as proved by the defendant, his deughtnr,
end a men in his employ—was that the men had taken the
1111vere.gt in excess. sod that the defendant, acting in his
capaMty as constable, had taken them before Colrain Ruxton,
who was a magistrate, but found en going there that becould
not act in that capacity, ea he had been apoinnted chief ma.
stable of the district. Hiked, therefore, at the request of the
plaintiff and his friend, takes of the haadcuffs, though he
▪ oonsiderei them in custody. He had pdd for some
bread and bear for the men, but had not given them brandy.
The whammy concurreein describing the scooting given on
behalf of the plaintiff es highly exaggerated.
The defendant mated that Rams bad threatemei to born
down his premises and was very violent. He caused con-
siderable amusement by stating that when the plaintiff std
hi. friend retuned to give op the money he mat for his con-
stable's staff, std demanded the sovereign in the nine of
Lb* Queen."
His Lordship unearned up, telling them that if they be.
Ileved the iefetidast bed semi in his cherecter of wadable
this action could not be meintained, for by the act it meet
have been tried in the evionty where lbe alliged soul sea
eltla attimiting the mount of damage., if they bond
e plaintiff, they should outsider whether throe ma had
been overpaid a sovereign, and bed sought to retain it fee-
gooperly. It was exceediogiv wrong for the defendant be
eve kentkefied the arm, fur no men should b•
unless boat necessity—each as • probability of as eAteeept
to
Thms:r.ry did net cossider that tbe asfeadtht •Snll se •
asartsbte, sod Massed • that t
the
Mmeplash!, with 261.

EXCHEQUBR CHAMBER.—Fas. 3.
&dings In Eno,.

THE LEL OP saaxvrvivay I. SCOTT AND OTERIS.-1111

SIAZWIDURT NITATIII.
Th. Attorney-General rimennesd his arguments in support
et tho ems of the plaintiffs In WIN (the trustees) this mom-
Mg and on OM: oonalasion,
3M I.wd Chid Baron said that Ma mart would consider
whole? it was necessary to hear Sir F. Belly on behalf at
the Earl of Shrewsbury.
Their lordships; thin rase.