The British Press; or, Morning Literary Advertiser.
London, England, 1819-02-22 00:00:00

COURT OF COMMON PLEAS, SATURDAT, [L...20.

lICTT V. Sir N. CONANT.
This was au action by Mr. Butt, of Stock Ex-
change notoriety, against Sir N. Conant, to reco-
ver a compensation for an illegal arrest and take
impaises 1111 l ent for linty days in Neivgate, upon a
charge of being the author and publisher of is
reflecting on the characters of the late Lord Ellen-
borough and Lord Castlereagh. The Court wa►
crowded at an early hour, and the cause occupied
the Court nearly the whole of the slay.
Mr. Serjeant VAUGHAN stated the case to the
Jury ou the part of the Plaintiff, and after %time
ni-
troduclory observations, said, the question which the
Jury had now to decide was one of very F r at public
importsuce—ou less a one than whether Alagiatrates
had the power of committing individuals char;;•rd
with libel upon information before nolicoment fouod
by a G►a►rd Jury. He was ready to aihnit thut his
11ajesty's Secretaries of State hail exercised that
power, but there was nut a clue up record iii
which Magistrates had done so, e ucept that
of the sett,' Bishops ; and that case, when it had
afterwards conic under the consideration of Lord
Camden, that Learned Judge, in citing it, declar-
ed it an infamous decision which► the Judges came
to respecting the leg lily of that connuitment, ob-
serving, that not one of the Judges who invest's.
gated that conintitmesit were honest men, with the
exceptitus of the ►ingle Judge who declared it il-
legal. The Learned Se►jeaut coninsenteil, al con-
siderable length, on the hardship of Mr. B►utt's
case, and the injustice which lie has mile:reel, and
proceeded to call evidence to prove the farts lie had
stated.

The proceedings were put in; ■nd the officer who
arrested Air. Butt on Sir Nathaniel'■ warrant ptu•ed
having takes. him into custody at Stofierret.houer,
rod conveyed him to Newgate, where he rentats.rd
we custody for forty days. It was also pruveil, that
during that time lie was wader the isecew.ity ut tow-
elating with felon., and uther prisoner• of a similar
description.
Mr. Bennett, the Member, war examined ; who
proved that he visited Dimwits wl►tlrt ►Ale. Butt

was in Confinement, and Gated him in the situ-
ation described. He mentioned it to Mr. Newman,
the keeper, who said. from the state of the prison,
M►. Butt could have no better accommodation.
Mr. Alderman Waitliman end two other geode-
men proved that they hail liven applied to by Mr.
Butt to become his bail, whilst lie was in codine-
ment, but declae,l.
Mr. Serjeant LENS addressed the Jury for the
Defendant, end contended that Sir Nathaniel
in this case, only acted as custom soil• 'flied him to
rho. If the officers and immediate ■eivants of the
Crown had, as his Learned Friend admitted, the
power of committing upon information, surely there
could he um objection to Magistrates having it, who
were less likely to abuse ►uch a power. He sub-
mitted to his Lordship that there were no grounds
for the present action; but even if the Jury should
find a verdict for the Plaintiff, he should still con-
tend that the damages ought to lie nominal, since
there was too proof whatever that Sir N. Conant
hail acted from corrupt or vindictive motives ; ou
the contrary, he had acted to the best of his judg-
ment in the discharge of his duty. If Mr. Butt
had been improperly or hardly treated in Newgatr,
Sir Nathaniel Conant had not that to answer fur;
he had his remedy against Mr. Newman), who was
at that time keeper of the prison ; and indeed it ap-
peared that the neat cause in the paper was against
tha► gentleman.
Chief Justice DALLAS. in summing up, declared
his opinion to be, that the Plaintiff had no cause of
action in this case against the Defendant, who had
only acted in the discharge of his duly, WI he was
legally authorised to do. Such was the opiitton he
entisidered it his duty to give, sitting as hr then did.
If that opinion Wm+ wrong. it would be corrected
by the other Judges hereafter.
The Jury retired, and, after some time. returned
with a writhe for the Plaintiff—Damages Is. This
verdict was made special, and will, of oittrae, un-
dergo the future coloaderation of the Court.