The Express.
London, England, 1867-11-22 00:00:00

DAVIDSON r..IIOLINEAI3I AND ANOTIMIL

, This wa;•yery---cnriiiusCaseoffaisTarres---t. It was
' originally an action for damages against the Sheriff of
I Surrey for Übe imprisonment, in which judgment went
by default. A jury was summoned, and the damages were
amused before the under-sheriff at 250 guineas.
Afterwards application was made to Mr. Jus-
tice Blackburn, at chambers, who stayed erect'.
tion in order that the defendants, might move the
court for • 'rule to set aside the proceedings, and a new in.
quiry had on the ground that the damages were excessive.
The plaintiff, Mr. Charles Davidson, is • member of the
equity bar, and resides at Sydenham-hill. A writ of ne
exeat regno had been iuued out of Chancery against Mr.
Gilbert Davidson, which was handed to the Sheriff of
Surrey to execute. The defendant in that suit bad been
or was living in the neighbourhood of the plaintiff's resi-
dence, Sydenham-hill. The writ was banded to the sheriff's
officer with an urgent request that it should be executed
the same day, and notwithstanding the remonstrances of
the officer on account of the lateness of the hour, the
attorney's clerk insisted upon its being done. Accordingly
they went to the plaintiff's residence u late as ten
o'clock at night, saw him, and the attorney's
clerk insisted upon his being arrested. Mr. Davidson
protested against it, said he knew nothing of the matter,
and that he was not the party wanted. The attorney's
clerk persisted that he was, and produced a photograph of
• gentleman which resembled the plaintiff. The plaintiff
was ultimately conveyed in his own carriage to the re-
sidence of the chief officer of the sheriff in the borough,
where he was treated with every kindness and considera-
tion. It appeared that the Chancery proceedings arose
out of en action for breach of promise, and at 12 o'clock
at night the lady was brought to the house in the Borough,
toidentify Mr. Davidson • but immediately on seeing him
exclaimed," Oh dear, this is not the particular gentleman
I I want." Thereupon Mr. Davidson, having been locked
up two hours, was discharged. Subsequently • rule was
moved for and obtained to reduce the damages.
Mr. Morgan Howard, with Mr. F. Abbott, appeared in
support of the rule. Mr. Coleridge, Q.C., and Mr.
Griffith showed cause against the rule.
Mr. Coleridge said his client had offered to accept 100/.,
to be handed over to a charitable institution, but the
defendant declined. The damages &messed were no doubt
high, hut under peculiar circumstances, and if good reasons
could be assigned the the court would not interfere with that
which was the province of the jury. It must be borne in
mind that the plaintiff was a gentleman of high reputation
at the bar, and had resided at Sydenham for 20 years. It
was therefore • great indignity to such a man to be
falsely arrested at night and taken from his home.
Ultimately, on the suggestion of Mr. Justice Blackburn,
the rule was made absolute for • new trial, unless the
plaintiff consented to reduce the damages to 1301.

COURT OF PROBATE.—Nov. 21.
(Before Sir J. P. Wilde.)
PEAIII4I r. PEARSE AND DICBT.
. .

Mr. that in an in-
terview with Mrs. Pear's, in 1852, that lady had distinctly
told him that her husband had never used any acts of
violence towards her, except on one occasion pinching her
a little, and her only complaint against him was that he
had a very provoking temper. On the other band, she ad-
mined that she had once thrown • candlestick at him,
because he made an offensive remark about her brother.

Mrs. Ilyam was called to prove that Mrs. Pearse told her
that her daughter was born on the exact day she expected,
though Mrs. Pewee in her evidence alleged that it was
prematurely born through the cruelty of her husband.
The learned counsel then addressed the court, and his
lordship at the conclusion said that the evidence did not
satisfy him that Mr. Pears.) was of unsound mind at the
time he executed the will, therefore he should pronounce
in favour of it, and would take time to consider whether
he would condemn Mrs. Pearse in the costs of this suit
or not.