The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-20 00:00:00

HOME CIRCUIT.

su,:irx ASS. IZES, LtifU, Avotrwr M

ovirtitme.

(Seibre Mr Jr,Om By newt:One wed a Special fOry.)
YIN es v. HAZE, (4; LI: WO, AND 01 CD 5.
We was an action of assault and else imprisonment. The de.
ft
aisins plead's!, lint, not guilty ; mid second. a jitatifiestlon.
'Mr. Sergeant 'fenny, Mr. HOLLAND, and Mr. Anne envie,
emended the plaintiff's case; and Mr. lilannenere and Mr.
tog aTnn en the defendants'.
This ease cached sonic interest It appeared that die plaintiff ;
we, &respectable farmer, tpwards of seventy years old. and enc of
site Cburchwardene lit II untanonneux. in which parish he occulead
, loge farm. as tenant to Sir John Fagg. The defendant. Mr.
Hoe, was lice or of the parish, Me defendant Mr. Eysn Junes was
hi, cont., and two Oallf defendants were beadboroughs The
elaiatiff hd, for sonic time past, claimed a riellt to a certain pew
to the TOTDO church, in virtue of his tenantcy to Sir John Fagg,
libidt right ass disputed by the Rev. Rector, who. beside the
ettsocel to which he was entitled in hiseharacter of Rector, collet.
Mired that he siws had a right to the pew in question, which it was
Went' nl. his predecessors in the Incumbency hail always en.
joy;`!. In emir to assert his • right, the plaintiff hail, for several
%eremite Stoilays, gel)e to church, and before divine service
elan, ciati.,icrol over the partiaoa, and taken povemeinn
ef the pew. the dmar of whit h usually kept locked by
ille vector. In order to prevent the repetition of this course of pro-
otdieg, Ilr. Hare give orders to the parish constable and the head-
Inteughs to be in attendance on the Sunday mentioned in the ;
Timm, and forcibly to turn the plaintiff out of the pew it' he
should again take possession. On the Sunday in question the j
chiral' came to church, and againtook possession of the pew in
die atsaner above-inentioneti. upon which the constable went to
Om and 0.-aired him to withdraw. telling him that 31 iu flare,
the odor's dianghter, and one of hh wins, were COMltig to that j
ere, in which the rector's family were accustomed to
The defendant declined withdrawing, but said he had no ob-
intim' whatever to let Miss flare and her brother Into the
pew, there being room for ten or twelve pereteis to sit. He was
0.1, however, that he must retire altogether. This he refused to
do; triton stitch the constable and the hesdbomughs tail hold of '
him, fitted him 00: at the pew, and carried hint to another pew in
which fie had 't•lr usually asecommodated wish a seat, and codes.
torsl to place him there. In this, however, they did not succeed ;
tit disentangled himself from their hold and returned to the pew he
led Int taken poneeesion of, entering it as before by getting over
tSe partition. The pesce-offieern began to doubt their authority to
iawrfere any Anther Ice the business, conceiving that the nisintiff,
tains chars/tier of cieseehwarden, nsd exclusive jurisdis den within
nit Indy „r the church ; and before interfering tiny farther they j
dettsmired to nits the savior of Mr. Jones the curate, who was'
then st the rordieg-deck, but had not commenced divine service. j
Cent askiitg Mr. Jones what they were to do, that gentleman told
font dtey woe runners tied plrintiff front the pew, and that if he
desist sill:draw quietly they were to turn him out by force. The
dicedn t was requested to come out of the Few, but again deelin-
en he was taken out bodily, and dragged to the pew where he j
enjoy fat ; ;.tat :DI he did not seem inclined to remain any longer, !
he was taken out of church, and told he must iminediately go before
a nagistrne. IA consequet ce of the noise and confusion created
Ls Uec diannainful strugy,les. Mr. Jones the curate aunounced to ,
tilt tonne; in 111 Mut divine service could not be performed with
It: digerati) that morning. and accnedingly she congregetion die-
meet Mr. Hare had given ceders to the headhormighs, that if
threls!atiTrepcated his attempts to the possession of the pew, they
vete to convey him before a Justice of the Peace. to be dealt;
tab wording to law. As soon ma die plaintiff was taken out of
docks, &blue mentioned, the htialhoreughs gave him his thence
to/ the mode of his conveyance to the Justices. lie was told be
eight Tide on his own Anne, go in a gig. which would be pro.-
Mrd fee him, or walk. He preferred the latter mode, and was
tire in custody, but without any circumstances of ignominy, be-
fore Mr. Curtin, the neighbouring Magistrate, who hatint hint over
await at the next Quarter Sessious for assaulting the head-
lonaghs, and for indecently and irreverently distuthing Divine
toriceon the day in question. At the following Sessiotie he was
Wined for this offswie accordingly. It did not distinctly appear
sot was the result; but in fact no judicial proceedings was
leaded upon it, and the plaintiff' now brought his action. The
Madams justified their conduct by their special pleas, which
sleged dris the defendant having mumonducted himself, by foe_
Cal attempting to take possession of the pew, they lied gently
dui bands kloon him to remove him therefrom, doing no more via-
' lone than was necessary foe that purpose; aril that having repeated
his violent conduct they slid a little pull him abort, and did a
Jade beat him, as they hurtuliy might for the case alleged. The
eisintiff in his replinition, alleged that the defendants committed
Oltriplinees and injuries complained of, as of their own wrong.
bleed witeenses etuved the manner in which the plaintiff had been
nand. It was proved that Until the constables had interfered, the
planeff hal trade r.a nciec or dieturbance, and that, in fsct, the
fittetreet broil alleged in the defendants' pleas, was produced by
their irtertentien.
In the pa% of the defendants, the topics urged In answer to the
rtinensee,-.lirst, that the plaintiff had acted illegally in the mode
rieht to the pew, find that. if ha really had any
hrful tine la it: he ennelinhave esserted it by bringing an action
wrist the Realtor, And detecrnining the question by due course
if lay; second, thee, in point of fact, he had no tide whatever to
t tete. r was eottioed by his own conduct, inasmuch es, fir 30
`or..!.c had always sat in another pew, assigned to Sir John
% tenants. without ever pretending, until lately, that he had
to the pew in question t third, that Ow pew in qweetien
r been anal by a Sir John lagter tenants, but had
peen enjoyed b nbent of the tieing, and been,
, used by die. • y for the last twenty years; and,
, that the crib UMW on this occasion was so vio-
and mitre oder his forcible expulsion, and the
rot p ings, nocenalery and jutifiahle.
r as given in support of the second and third grounds
; but as to the fourth, though sonic whet:sees were c. lied
what the plaintiff's demeanour was on the occasion in
it did not appear to be any other than already describe 1.
-sr TADDY, in reply, err that, however questinn-
Ars title to the pew Mig it he. nothing could justify
and outrage with which he had been treated. The
.nf Mr. flare and his curate was by no means consistent
ti•at certen,which became the ?mend office of a clergyman ;
what took place new committed under their orders, they
-rshle for the consequences. The Jury would say what
....e would give to an aged man, of irreproachable chg.
~ eh. had been thus twice dragged oat of church, in the face
4:el'ow.p‘rishiorterr, under every circumstance of insult and
'ohm. merely because he had peaceably exercised the right
_c chimed to the pew in quotion. To them the plaintiff
with onlidenee for such a verdict as would mark their sense
d!unenrthy conduct of the reverend defendants and their
Uses, who had thus occasioned an unseenily broil in an edifice
seats the parish chinch.
!wire IteilltOnGll charged the Jury, that if the defend-
-511 efjustiffestion wale satisfactorily made oat, they would
arseer to the action, inasmuch as the first act at aggress-
heemiee Ma plaintif and forcibly expelling him from the
110 not he justified a the plaintiff was theretiare entitled to
et. Jr was the province cf the Jury to, say what .damages
held rive in oich a case ; but he lied no doubt that. in the
of their judgment upon this subject, they would take care 1
Ter their timid* to be affected by any feelings IDCOIDiStellt
II jostler..
Jure four.d their !reedit* for the plaintiff—Damages 1001.

TittalSO w. NEINZWZATREZ amp ANOTrita•
"*.d.an indictment against Captain, William Stephen Mee-
"rt and Harriet Atilt-a, for a conspiracy to keep the Litter de.
'calla the way, in order to prevent her alterding as a wit-
bulimic: to a subpoena, to give evidence of her hand-writ-
r' ting witness to a bond, upon which ao action had been
ie the Connor King's Bench against her co-defendant.
PLATT and 31r. Law conducted the prosecution ; and Mr. I
Itwil and Mr. A Do Letitia the defence.
'Primnation was instituted by Messes. Amory and Cole, the
of London. The defendant Mr. Alerrewadher was a
and owner of several houses in Brighton. lie
"[sad in some stock transactions with a Mr. Matthew
haagivea the latter a promissory note for the payment
anan6 upon those transactions. 11r. White being
h Amory and Cole, indorsed the note to them at-
▪ i:e,k! without notice at the time of the illegality of
1"a. The note turning out to be unavailing, Mr.
."Ther executed r pond to !Immix. Amery and Chile to se-
t all the amount of the debt. The subscribing witness to
',!aa Alm Harriet Mills, the chew defendant, who, at
les esecution, was Mrs. Alerreweather's nurse. Messrs.
and Cale having commtnesd an action in Ililary Term,
„ ,_,`" file toad against Mr. Menreweather, and the cause
la Aril of that year, it became necessary to sublice-
give evidence at iuildht.lt of the due execution of
Z. clerk 6 the hens, served her with a suhlwena on
Aron. at Hastings, And gave her a pouhd for
• tic desiring her to be at Messrs. Amory and Cole's
Ili of May, the cause being set down for trial
et east month. She promised she would attend.
?,,,,tha should b: easy unwiin to- say anythi to
and that 1.1 h.. would writ: to him uponng the
• Z. 31111.. never made her appearance at ',Heists. Amory
6.41 according to her appointment, nor did she attend
" 'fie 2d Maw. It apeared, however, that the Court
4,131Mnt os fact, Xi! On that day, so that her attendance
1 nem useless The cause was Made a remand, by con.
..al:tr"i"irg. /IQ in the mean time some alterations
°Y Plaintiff; in the reord, A
clerk of Aat their expense. prepare-
at tlm rem,
sitticngs. lessi-. A y
• 4whe Was despatched to Calais to bring over
then known to be with !Ir. Ahrreweither and his
the deal aw her he complained of her non.atten.
;Paaitras occasion, and said, if she would then come
vas-7,lst all her exp in England. Mr. 31errewee.
.4,5. 7% of the nee-ssity of Mrs. Allies's evidence, and
ntie:tion to her going to England if she thought
int.'" 144 Messr.. Amory and Coles afterwards
without her evidence, but ultimately failed hi
4•
"..r.e round that the bond was infected with the
e weiginal cons-Aeration for which it was given.
!!'nwatwes. the present prosecution was instituted.
houillgiet evidence of any conspiracy. One witness.
di,„ 'IL Mills lodged at !lasting', in April Iti*.n,
0 ta Ihe Was lined with the subparsa, she said she
Isa thielLP44l, as s:te was desired not to do so by her
tune the latter was rot present. It was proved
Ka:Merreweather and Mrs. Mills had gone together
from Navin
. • g'• lo Rye. in their way to London.
le..„:bettalAdlenrsnaAmeld.la went by His pains of

t t Pt.. r was vette
are..!.c had Aiwa
TAiera tenant'. with
right to the pew
' never been red
rays been enjoyed
fact, used by 31
s.rth, that the cqn
t and outru
Sequent p i
iso
Evidence as gie
defence ; but as t
rote what the
•ntion it did not
hit her ant TAI
• the plaintiff's t
violence and on
&vet of Mr. Har
...1 that &moms
d, as what took ;
- answerable for
-rams they would
'IT, Thn had beer
0 !..afel!ow..pariald
• . :dim% merely
rids he claimed to
' t .1 wit!, ertiden
..!..! untrnrthv en
IWJClitl, who had I
MmL7rd ;a the pari,
I. Jam ire lit ati
ti At as of juin&
id renewer to
kin rising Ili.
Irdtoted rot be j
tice:c.. J t was II
ettroald rive in a
• nf their jud
urger their tut
tri4 'melee,
11.1.. ur? round t
V .
,i,,.711g nut v
" "As.an indLi
"et and Mari
(allot the on
a Phediener to
*meting iritn,
~ tje the Curt
I!. PLATT and
.:
'haws illd AIL
~,..,Prlstatiop w
"cors of Londo:
• 1•411114 it, a
bmi en I
.ed • hi,,,te, vtdt 6,,
"frentla itij;i,
Arai to 31,w,1
. e, t;. it is-arne ls le eat. Imatim. i
ortmerher
• • ear%
' matt the am
• 4 e" Ain
....: of it• (Item
I ~ • tnj rn:c ha,
.:r,,, the b)
- at i.s.,e in A 1
a 1id1,;....
, - 1.44 Ai
d -.."'""el. de,
1 a•'''e let i
' '?•: of 1:41
II 4.'l she *ha
t 'l.: 'l4 Mare
a ' .14 31ill
D , . ufa::• RC
1:111 on il,
'IL m*
Point
h- ' 417 e bey. _
IC tl, . - "'•
',quo: sit'
-- *1 ni
4 bY PI I;
~
,')Tili at t
,'; -,'' sonsl
sirob,
.4.. '
A_ iea tile
•
i -
In 4 't Pink
Ls• 4'441 PIT
!le ''.4 ir'ilrnkti
r, . A i no u
• :rte 414 I
el
:a- l'' trill a
lie ►
' _°4 the
ea ',4-14. th, .
n- :_ drew
uc 11,,, :* 4 tn.!
a..*Me 311
1r-
• .. II ifteri
os:
.t;T. '448 to i
11,1 :':at't di
, Ma ,
.., II )1d
;el• te.,.e ft
~.*
...,16,1