The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-20 00:00:00

orpoia of:cunt

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WORCESTEIIJHRE ASSIZES, Woscrersz, Juts 11 .
The Assizes commenced this day before Mr. Justice Pen-
moth:tit, on the Croan Wes and Air. Baron Oaattow at Nisi
Prius.
The Calendar was unusually light, but there were 17 civil
causes entered for trial,
CIVIL. BIDE.
Before Mr. Baron GartitoW.
FALSE IMPRISON3IENT.
VIRICIIT V. COURT AND OVUM.
Mr. CARRINGION opened the pleadings.
Mr. Ct• a woo I) stated, that this was an action for falsely impri-
soning the plaintiff. The defendant had pleaded several special
pleis, but they had been demurred to. This was • cause of lm.
portance, as it was violating the liberty of the subject, but he
would only state • plain narrative of the plaiutirs wrongs, for which
he otily asked a fair compensation. The plaintiff was a labouring
man, and on the 3d of November, having seen • neighbour, who
bad drank a little too 'ouch, on his way home, he was stopped In a
wood through which he was passing, by the defendants (one of
whom was a constable of another parish) u it was said, on •
charge of felony. But, that accusation • was not made bona fide,
but from soma personal motives, which by the rules of the Court
he was not at libert; to state. The defendants neither took him to
a hlagistrate on the next day or the day after, but he was locked
up in a cage for three days, and then taken before a Magistrate,
whose name he had beard before in' cases where men bad been
found in woods, and the Magistrate did not dismiss the charge or
hear it, but the plaintiff was taken away in custody.
Mr. Baron Wallow—Would not the Magistrate be answerable
fur the subsequeut imprisonment.
• Mr. Ctinwoon—The truth was, this Right he a mode of
punishing • poacher, and if it was so, it suit perversion of thou
laws which were made for the protection of the country.
, George Various, examined by Mr. CostatiroTon—On the
night of the 3d of November, saw the plaintiff coming through
; I psley Wood. I saw the defendants (Chambers and coming
I come up to him ; they laid hold of Lim, and took him away. I
did not see the defendant Court.
Eliza Brothers, examined by Mr. Cl/UV/DOD—I remember
the plaintiff being brought to the cage by the three defendants
all together. This was on Wednesday, November 3 they were
pulling him along, and I heard them sty —" Lock bun up, we
have got the rogue." And Coart said, "If you say another word
I will dash your brains out." The plaintiff was there the whole of
the next day, and two days after. It is a bad damp place. Ile
was taken out on the Saturday, and was taken to Lord Aston's
residence. Ile was hand.euffed to a person named Bunt The
plaintiff was brought back to the cage about twelve o'clock on
that day ' • and lie was kept there all day on the Sunday, and all
•day oil the Monday, and on that day lie had no food until nine
o'clock in the evening, when Court came with something for him
to eat, and then the plaintiff complained that it was a long time to
be kept without victuals, and Court said, if you say any thing I
will take that away from you; and about two months ago I heard
Court say that he would do for the Wrights, and take care that
neither they nor their mother should have a bed to sleep upon in
' less than six months.
Mr. JERVIS objected that this was not evidence, hermit° It
only expressed iudiiiclual malice, and therefore it ought not to be
,received

Mr. Baron GARR OW—lf that doctrine was good, it would be
easy for a man who was determined to ruin another to proclaim it in
the market-place, and then call in two other men one shade better
than himself—get those to help him in ruining these parties, and so
get rid of the evidence.
Cross-examined by Mr. JERW IS—I am dye wife of John Bro-
them, and we lived over the prison. It was intended that my hus-
band should be Deputy Constable, but he never was so ; and my
! husband weasel! up by the Committee of the town; there are bad
climate ere ii Redditcla ; I heard them brining AVright.in ; I saw
ti a h Is Jut of any window. I remember !Award Crow ; he came
al out town n'clock, and said to Wright that Court had searched
their house at three o'clock in the morning, arid the plaintiff said
never mind that, keep your heart, and that is all I heard him say.
' Crow said, what has he brought you here for ? I know Thomas
' Smith, Mr. Robeson's clerk. I told hint the same as I tell now. I
heard Crow say that Court had looked at Wright's ferrets; he did
not say any more that I heard ; I was at my window ; I often sit
there when people are talking, because I have no children or any.
thing to amuse me. (A laugh.) There were eight in the cage
that night, but I don't know what for. Afright is not married,
but he has a mother; they brought him food. I talked to IVright,
he was one of our neighbonra, and I never saw any harm of him.
They brought him food on the Saturday, but Court would not let
hint have it. lie was discharged on the Tuesday. I know it was
on the Tuesday, because he had no Mod en the Monday. A person
named Jay was present when the conversation took place with
Court ; my husband was never paid wag/t for his services. I have
no enmity against Court, but his treatment of the prisoners was very
severe.
Re-examined by Mr. Cuawoon.—Mr. Robeson is clerk to the
Dame Association and to Lord Aston.

Mr. Jenv is addressed the Jury for the defendants, and begged
of them to dismiss all prejudice from their minds. Ile.was aware
that a verdict must pass for the plaintiff:—but when he had shown
them the whole case, they would be satisfied the smallest coin
would be a sufficient compensation. The fact was that the plaintiff
was suspected of committing several burglaries—needles to an im-
merse amount had been stolen, and a person named Bennett gave
information of some facts, and Mr. Field and another person took
out warrants Ran Lord AMOR to search different houses belonging
Ito persons named Crowther and (files. Lord Aston took depo-
sitions on oath, but his Lordship would state that he had destroyed.
them.. It had been insinuated that this was a poaching transaction,
but the plaintiff-had really bcen apprehended on suspicion of stealing
needles, and the rearm' he was not taken sooner to a Magistrate'
was, because it was deemed inexpedient to let it be known that the
plaintiff was taken up, before they had searched all the houses—
where, however, nothing was found—and in a few days lie was
taken before a magistrate, but there being no evidence sufficient to
warrant his committal, he was ordered to be further detained, and
after that he was ultimately discharged.
Joseph Clarke, examined by Mr. TAUNTON, said, I live at
Redditch, and carry on the business of • needle-maker and tish-1
hook-maker. On the :nth of July I was robbed, and lost 93,000
unfinished needles, value 11U., and fi3,600 finished needles, and
16,000 fish-hooks. On the 3d of Novamber Mr. Robeson told me
something which he had heard.from Bennett. I vein to Lord Aston
about,it ; I was sworn, and his Lordship 'granted warrants, which
I delivered to Court, who was the constable. One of the warrants
was to search the house of a person named Crowther. The Asso-
ciation fur Prosecuting Felons met at the Crown at Redditch.
was to search Crowther's house after sunrise in morning; Wake-
field and Chambers were to assist. There is a woocPopposite the
house, and they were to lie there till the sun ruse. On the 4th
Court came to my house, and I found that Wright was in cu.-
tody. I was at the seareh at Crowther's, but nothing was found.
Cross.exatnined by Mr. CUDWOOD.—I was robbed in July
and I searched in November, but I had not warrants against the
plaintiff'.
Examined by the Learned BARON—There was nothing suspi.
clam about Crowther's house at all to justify the search.
John Field. examined by Mr. Busse:Lt., proved, that on the
23t1 of September, his mill was robbed of between tour and ee
hundred thousand needles.
Thomas liolynak, another neesile-manufactarer, proved that he
was robbed, on the Ist of October. of a large quantity of needles,
and found some of them in a hay-rick. The needles were found in
an apron, which he tied on the plaintiff, but could not say that it
fitted him.

Cross-examined—The needles were found a month before, half
a mile from where the plaintiff was taken.
William Francis gave similar evidence.
Mr. Henry Robeson Raid, 1 remember that Joseph Bennett was
apprehended about the Ist of November. Bennett was brought in
on a charge of felony.
The Righ! Hon. Lord Aston said, I am a Justice of the County
of Worcester. 1 remember persona coming.about search-War-
rants, but 1 have destroyed the depositions upon' which they wtre
founded. Wright was brought before me on the Saturday, and
again on the Monday; there was nothing against him at all, and I
discharged him.
Cross-examined by 111 r. CURROOn-1 sometimes destroy dello-
aitiona which are made before me as a Magistrate.
Mr. Cifffirooß—l may take the liberty or telling yo•ir Lord.
ship that that IS nire a prow way of doing your arty as
gistrate.
lewd Aston—Sir, I think you do take a liberty with me; you did
so when you insit.uated that tkwas a poaching affair, and you have
done so on former occasions.

Mr. Cuaw nun said, my Lord, I am never afraid of doing my
duty.
Mr. Baron GARROW—ii is quite irregular to introduce collo-
quial observations between the Counsel and WHOM.
George Parsons proved that he watched the wood where the
plaintiff' wan taken, and saw Crowther go home, and Wright
come into the wood, and that he called to Wright, who said,
do you wsnt me ? and the witness said no. I had no authontv
to take him, and the defendants came up and. took the plaintiff
away, he saying it they would have him he would go with them
I any where. Bennet was transported.
Sarah Steward saitc—l was servant to Mr. liolyoak. On the
morning after the rubbery at my master's, I saw the plaintiffsittiog
down asleep. Ile was one of toy master's men.

Joshua Wakeford confirmed the evidence of Parsons.
('rose-examined by Mr. Cuawoon.—l ;on n gamekeeper. I
retired for a time. I an't with Lord Plymouth now ; 1 run ,keeper
to John Boultby, Esq.

John Redford, a Birmingham police officer, proved that he
took Bennett on a charge of stealing needle:. That lie showed
the plaintiff an apron in which saint of the stolen property was
found, but he denied all knowledge of it, and that in consequence
he advised the detendants not to take the plaintiff to a Magis-
trate.

Crows-examined—l know It is my duty to take persons in cus-
, tab' before a sl.sgistrato forthwith.
Thomas Smith, clerk to 111 r• Henry Robeson, Raid, I examined
Elizabeth Brothers, and took down what the laid. (This is the
paptr I wrote.) She said that Wright asked whether Court had
gone round the pig-sty and dog-kennel.
- - - - -

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Mr. Henry Robeson said—l ant attorney for the defendants; I
examined Elirabeth Brothers ; atm said that she heard voices, but
tint not get out of bed.
Cross-examined—l wanted her u a witness, I had been told of
her by my clerk.
- - - - - -

Mr. Cuawoon, in reply, said that he did not mean to deny that
the needle.maker'a had been robbed, but there was nothing to
affect tile plamtiff. The Noble Lord had said that there was
nothing against the plaintil oath,' wizen be wee brought up a

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