The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-15 00:00:00

V. JOVE!.

Mr. ('KITTY Orel"; the—pleadings. This was an action
brought against the Marshal of the King's [tench, m rtcover the
aurowne of a debt owing to the plaintiff -by one Soplua Saunders,
a prisoner s ithin the Rules, but who bad made her escape front
the Rules.
Mr. St'altl FIT, in stating the Cale, observed, that the fatly who
ha,l escaptd from the Rules was, at the period of her being sr-
risted :3,.d rendered to the King's Bench prison, called Mrs. Sophia
Sao tuk rs. l'nder that name she hail employed the present plaintiff
:u Irrnrh a drawing-mum and parlour, the amount of which
was 1091. lis. 4d. The lady, however, either would not or could
oat pay this account, and the plaintiff obtained a judgment
ax tort her. She was arrested and committed to the Bench,
where, upon giving security to the defendant, she was allowed
the benefit of the Rules. Mrs. Saunders, however, was not
satisfied with the limits of the Rules, for "she hail learned to stray."
She tuok a house at Bayswater, under a name which would, in onli.
nary nitride, create at least aimed-dog like attention : she assittned
the name of Mrs. Stamp Sutton Cooke, a name tolerably well
kaowe, at least within the walls of this Court. From Bays-
water the travelled uri to No. 9, Beaumont-street e and here it
was, in the midst of her gaiety, that the plaintiff hail disco.
viral her. 1 )(shale!, upon that, he bud her again taken
into nitunly, and it could be no answer to this action to say,
that she was now again in custody. if closely confined, the rentable
might have induced her to pay the debt, and then there would
•have been no necessity fur thts action. The Marshal was in.
demnitied by the bad of Mrs. Saunders, and he could lose no.
thing by the ver,:ict passing against him. He would now pro.
reed to call his witnesses ; and he trusted the result of the
nivettigation would be. that the plaintiff* would be considered
entitledeo receive the fall amount of his demand against Mrs.
::;ophia Saunders. .Baru Cooke, or under any other of the various
tootles die bail aiwinited, for purposes the Jury, by their verdict,
would to-day pronounce.
hereral of the (Maws, those who arrested her in the original
lain, and those it the King's Bench, who entered her committal,
deposed to ten nieveral facts.
11r. e a unmet., upon the production of the hail. hood, tot,k
an objection to a variance between its terms, as contained in the
rsc n 1 ; hut
The Loan CHIEF J UST WE observed, it was of such a nature
that he could aot stop the cause. If there were any thing in it, it
might be available elsewhere.
Thoentigligoial was subscribing wimms to the bail-bond
etivuted by Sophia Saunders.
grunt at Bayswater served Sophia Saunders with groceries in
June and July last. ale knew her for several years; she passed by
different names.
staida-keeper. living in Mary-la-bonne-street, Mead Mrs.
Toupee (the lady called Mrs. Saurnkvs) a horse and tilbury, and
saw her drive.
Mr. Brewster knows Mee. Saundets, but not by that name. In
last she went to take a famished house for two years, at No. 9,

•
..raittroa?-stivet. No pall of the rent was paid.
1:m0v-examined by Mr. CHIST Y.—Nly tither is a livery.stahle.
a &turf in Mary-la-bowie. I sementher, that un the CM nt August
earriare was often hired between that time and the Ilth ul Oc-
seser 134. I have not seen her in diet:bake.
Mr. C•m LL—There is no use in all this; 1 admit an escape

t- be roved.
Tke hotter of (`row roved that Mn. Saunders repeatedly had a
t' '-c PT it 1.113:3C front his master's stables, bin she utter paid any
it.
it 11'allacc, essmined by Dlr. SC MILETT—I know No. 9,
; particularly on the I Itli Oct. a cabriolet drove
up to the door about ten o'clock In the night, bat the man-servant
James. on seeing them, said "Ile 0:1;" and the cabriolet drove 00'1
to the Bench ; at least, so I was since told.
Howns eramined—l am the attorney (or the plaintiff. I
knew tki. lady had rentlcted herself to prison, and I was bound to
charge her in execution in Illichaelmas Term. I did not so charge
bcr.tec^use---

—.-
Mr. CA is rnE t. L—Mon't answer that question.
In the summer (July) I saw Mr. Jones, and told him she was
o iCs the Rules, and requested he would lock her up. Mr. Jones
p:oit !veil to attend tomy request; my reason wnthat I thought itahe
lurked or. her friend would pay the debt. I went again to the
Morrlud en tto 30th September, but only saw the turnkey. I told
I was surprised that Mrs. Sounder; should be still allowed to
t.i 2 or; of the 'Lulea. I went again on the !Rh of October, and gave
urater notice to produce Mrs. Saunders on the 11th October; I
delivered this notice to the Clerk of the rapers at the King's 'Bench
Other. flit the 11th I went, according to agreement, but I was
told she could not be tined. I tiled my bill on the I nth of (kto.
t.r. twelve o'clock.
t.rov.--cnowtinevi by Mr. esurscLi.--I know the lady well; she
now before me. _ . .

••••••••••-
SCART.ETT.—WC now, my Lord, identified this lady.

Mr CarrP111:11.1.„ fur the defendant, admitted that a verdict must
pat- for the plaintiff, subject to a point of law for the consideration
use Court. An escape had been made, and the Marshal was
Estate ; bat the Jury were only to give such damages as would
saver the loots sustained by the plaintiff. This was not an action
it the amount of Mr. Itevan's paper or deroration, bat against
llia•vhal for the loss sustained by the plaintir by his negli-
yence it: rm keeping her in sate custody. Mr. Bevan had no right
rest !Ilia. Saunders; he could not have the slightest hope of
eser befry. paid. In fact, he only waited to catch her mit of the
Rules. and then bring his action against the Marshal. The very
came by which the lady went ought to have excited ha suspicion,
urd made hint cautious but on the contrary, be gave credit to her
w:•heut knowing who or w hat she was, and he now had no right to
loak to the Marshal fur recompense for his own misconduct. Ile-
s:des all that. the suit against her did not abate by the escape. It
WA. proves! in evidence that there was no intention of charging her
5:, execution till Michaelmas Tenn, which did tot commence till
the Kit November. (In and before that day she was lucked up
within the walls, and yet neiMer Ale. Bevan nor any other of her
tvevt•ers were paid. The plaintiff was entitled to compensation Mr
an actual
n lose' and here no loss had been proved. fberefore he
s, ett d that the Jury would give only nominal damages.
•

'lie !matt Ciitar JCSTICE lift it to the Jury to say what
tr.j.try Of tiny) had accrued to the plaintiff; fur it was only in tiai-
reti,in to such loss that he could recover.
'l%ie Jury retired for about twenty minutes, and returned a see.
• t,•r tl., phutititf—Damages IdW. W. 441.
T'Ve. verittil et Wendy trietted the surprise of every one, and the
1.1u,:11 of most, hut the sufferer, In the t. mitt.