The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-17 00:00:00

lIZW CAT:SSII.

Berk, and moth*? Teske and another •
Smith Al ortis
Tuberrille, S. J. v Same • Camp
Thomas Charrington Ohl and
Geuther r Ices At. c Penny
Wray • Collins Same • Brown
Milburn • Foulkes Harris V Norris

COURT OF EXCHEQUER.
THIS DAY. AT TE:z.
ekt:orney4;eneral • Prince I The Kole • Bickford
A woraey-Geoeral v Hiles Attorney.i ieneral • Steel

LAW INTELLIGENCE.

COURT OF KING'S BENCH, TIMISDAT, Fn. 16.

;Batts the Loma Cam' stratics and Middles: Commas

—Juries.]

BARRON V. .10X-ES, 2PQ.

This was an action of debt to recover 13!I. Ilia. The declaration
sexed that the plaintiff having obtained judgment against a per.
ems named Mary Paul, the *aid Mary Patti was taken in exert!.
titter. She was then Lought before one of the. Judges of this Court
brhabett, (rrpus. and committed to the euetody of the defendant,
who was Marshal of the King's Bench Prison, from which custody
th• defendant, by his negligence, suffered her to escape. The de-
fendant pleaded, first, that he did not hold the sum of money men.
tinned in the declaration ; and, secondly, that after the escape of
Mary Paul she returned into his custody, and remained there until
this action was commenced. The plaintiff replied by denying the
latter plea, on which hisue was joined.
Mr. NIARIIYAT stated the case to the Jury on the part of the
plaintiff. The law upon the aubject as applicable to this case was.
that it a debtor was in the custody of the :Marshal of the King'.
Bench, or the Warden of the Fleet, and was suffered to escape, the
Marshal or the Warden was Rade for the debt in any action cam-
aulineed while the defendant was out of his custody ; but if the de.
:andant !eon ad bark into custody voluntarily, or was retaken by
the Sheriff; fore any action wan crnimeneed, then the Marshal or
Warden was discharged. The Learned Counsel mentioned this
bseetrse many prisoners who were allowed the Rules of the King's
Beath Prison were in the habit of transgressing them, and unless
no station wan commenced against the Marshal during their absence
tlem the Ruler, when they returned back mein the Marshal was
no longer liable. In this case the defendant had pleaded, that tho'
Mary Paul had escaped out of his custody, yet she had returned
beek before the action was commenced by the filing of a bill, and
therefore he was no longer liable. It was admitted that the bill
was filed against the 3landial at ten minutes past twelve, on the
19th of last October, and the Learned Counsel would satisfactorily
privet to the Jury, that MM. Paul was nut of the Rules at that
tme, and had gone as tar as Leadenhall Market in the City of
London.
TIN beamed Counsel then proved the Judgment against Mr*.
PIO at the suit of the plaintiff, and her comnittunnt to the King's
&reit Prison.

Ambrose Parish, an officer of the Marshal belonging to the
scliciy's Bench Prison, proved that he had notice of a bill being
.ti lil against the Marshal in this use, about six o'clock in the cres-
t/eta the 19th of October.
taose-examined by Mr. SCAttLETT-1 saw Mrs. Paul twice on
that day. I first saw her between eleven and twelve o'clock, to the
beet' Of my recollection, opposite to the Bench gate. She had a
paresis with her, but Ido not know who it was. I saw her again
airelsreen'elock crossing the prison yard. and I walked with her as
fives Stones-end, is I was going to dinner. lam sure that was
du [)tit of Oct. because the filing of the bill made me remark It.
as-examined by Mr. blaakrar —lt might he half-past 11,
or &little before 12 that I saw Mrs. Paul before the prison gate;
bet ethether it was nearer 11 or 12 1 cannot say.
Thomas Tunstall—l am in the employment of Mr. Barron. 1
ham files. Paul ; she had dealings with Mr. Barron before she
went to prison. In the month of October, 1325, I watched her. I
wareked her on the 114th and again on the 19th of October. On
tine 19th I first paw her near her own residence. at the Obelisk.
abate five minutes past eleven o'clock in the morging. I saw her
go theme to the Kiej's Bench Prison. From that she went to the
Mueshalses Prison. She passed St. Margaret's-hill in her way to
tbablarshalses. She remained about ten tninutes in the Marshal.
twa4 gad went thence to headeohall-market, and went to the Green
Dwayn, Queen's Head-paseage, where she remained an hour.
Whet she came out she went into Culium.street, whi:h is close b
Loildenhall.nunket. She went into a little passage there, which
As/ no thoroughfare, and after stopping there about ten minutes.
Ito estate out and went into Ferchurch-street. She then went
backwards and forwards two or three times between Fenehurch.
what end the pasaage In Cullum-street. Site then went right into
siteDoeough,but mimed for a abort time at Curling's, onFish-street-
blit, It was twenty minutes to two when she got back to St.
Geiser's Church, anti I did not follow her any further, A rawer
nab, whose person I know, went with her the whole round, except
bock. He left her in Frictions/rasa" too has return back. 1 made
a ispernoronsiam at the time as I watched her. I have • copy of it,
beCti. destroyed the withal.
etess-ezaintoed by Me. SCANLETT.--A Clerk of the plaintiff's
Atenrney went with me pert of the way, but le't me in the
&wee h. I took • note of the time when I first saw her a' the
• . When I saw her on the 18th of October it was at the
r
0 sk. but I did not follow her then, as she went back to her own
os/
home. When I saw her in the Green Dragon there were several
mbar no in the room where she wan. I have been to her
time, about Mr. flatron's business, but I do not know that
aim Ina aware that 1 was in Me service.
-'4. John Bart.— - Nen clerk to the plaintiff's attorney. Ido
'r accompanied ' at witness to the
- where ' I was pointed out
leven in the morn-
nearly opposite the
down Suffolk-street,
prison. When she
back again to the
her as far as
rules. I then
and went to
. I served at the
o'clock.
ere over Blackfriars
quarter of an hour
for the defend.
witnesses must
Mrs. Pant had
.. on the 19th he
beyond the limits
y thing that Mrs.
was not able to
at all events do
i prove that this
ly, became the
but could not

purpose seid it
into the rules.
Paul ; I lived with
of October list.
treomous. old
11110 i tNtl ,gil

after that; the reason why I know it was that day was,.because
tht officer fetched her to go tile prison in the evening, and after site
had been she came back. She slept at home the night previously.
(hoar-examined by Mr. Manitrar—l remember the time
from other eireamataisees_; I went to reside wait my mother on the
I 17th g she is now the King's Bench prison.
John Walker was next called—l am assistant turnkey in the
Kings Bench Prison. I saw Mrs. I'aul in the lobby of the King's
Bench Prison on the 19th of October last, about a quarter belore
12 o'clock. She naked me if I knew any person who could move
waste goods for her, front her former house into the rules. She
might remain about four or five minutes. She went away about
ten minutes before 12.
Cross-examined by Mr. ManaraT—This was the 19th of
October. I know that was the day, because Mrs. Paul said in
the afternoon she should have to eubpeena me. I did not see
Mr. Parish then.
Re-examined-1 saw her about three o'clock on the afternoon
of the same day, when she said she should have to subpeena me.
Nathaniel Wade examined by Mr. RTAW—I am turnkey of
the llarahalsee Prison. I saw Mrs. Paul on the 19th of October.
in the passage of the Illarshalsca prison, two or three minutes'
before 12. She came to inquire for Mr. Green, one of the turn-
keys, who was not in the way. I went out of the Marshalsea with
her. There is a public-house at the corner ; 1 went in, and she said
I must excuse her going in, as she was a ruler in the Bench, and
was forbidden to go into a public-house. Did not bring out a glass
of brandy and water by her desire, but 1 brought out some fur
myself, of which she refused to take any. She then went away,
paying she had to meet a person at 12 o'clock. There were a man
and woman waiting there with her, but they did not go sway with
her.
Mr. Francis Sturges examined by Mr. SCARLTTT-1 reside at
46, Great Suffolk-street, in the Borough. My side of the street is
not in the males, but the other side is. On the 19th of October
feet, I met Mrs. Paul, between Suffolk-street and bant.street.
That is In the rules. That was in my way to the Custom-house,
where I was going. It mould not be more than live Minutes
after 12. I bad two or three words of conversation with her. She
said she was going to Mr. Reymolds, a butcher, who lived in
Prospect-place, within the rules. Mrs. Paul had lived in Water-
loo-road titer some tune, but her idea was to go into the Bench
and take the benefit of the Act. I.ant-street and .•.zuffolk.street
run into High-street, Borough, before you come to St. Gcorge's
Church, going from the Bench. Nobody was with her.
By the COURT She was going in a direction from London
b; Wore, and towards Prospect-place.
Sarah Jane Curtis examined by Mr. SCARLET T.—l lire with
Mr. Reynolds, the butcher. I serve in the shop. 1 know 31ts.
Paul well. She came to the shop on the 19th of October to order
some meat. This bill (bill put into her hand) is Mr. Reynolds's
ha.:Jwriting, and it was delivered with some meat she ordered. In
the next month the bill was brought back, and paid by Mrs. Paul.
While I wee weighing the meat she asked me what o'clock it was,
and I looked at my watch and told her it was twenty minutes past
twelve. She stayed in the shop until about one. The boy went
with the meat, and returned before he left the shop. The busine-s
of this shop was carried on in the name of J. Curtis. my brother.
I BM sure that bill was made out on the day it bea9 date. She was
quite alone.
Cron. examined by Mr. MARRTAT—I don't recollect that I
MI saw Tunstall, who has been examined here to-day. I don't
know that I ever said it was a bad job that the :Barthel was fixed
about Mrs. Paul. It is probable I have said so, but I speak to so
many in the shop that I cannot say. Sometimes I pass by the name
of Reynolds, with persons who don't know me.
George Sellers, the butcher's boy who delivered the meat at Mrs.
Paul's, as described by the last witness, proved that it was 21) mi-
nutes past 12 when he went with the meat. Ile had other places to
go to, mid when he returned Mrs. Paul had nut gone front his
master's shop.
The Bill above alluded to was now put in. It was dated the
19th of October, and receipted on the 2d of November.
Ambrose Parish proved the limits of the Rules.
Croat-examined by Mr. MAaRTAT—OnIy one side of the way
In Suffolk-street Is in the Rules. Lant.street is not in the Rules,
but Iligh.street is within the Rules as far as the Marshalsea ; that
is, the highway is, but the houses are not.
The Clerk of the Rules was next called, and stated that the 18th
of October was a holiday ; but on that day a clerk of the plaintiff's
attorney came to him, and stated that he wanted to tile a bill
against the Marshal. The witness went with that clerk in a coach
as far as Temple-bar, and arrived there about twelve o'clock. when
the clerk went to New Inn, and witness went to the office. Shortly
after, the clerk came to the Rule Office, and said he could not find
the bill then, but it was no matter, as It was too late, for the party
had returned to the Rules. . . . .

Mr. MARNYAT now commented at some length on the evi.
dence adduced for the defence, and contended that if there was a
mistake at all as to the day, it was made by the witnesses who had
been first examined.

The Loan Cart? JusTrct summed up the whole of the evi-
dence at length, and left it to the Jury to determine whether Mrs.
Paul was or was pot within the Rules of the Bench at ten minutes
past twelve on the 19th of October, 1825.
• The Jury, after a short deliberation, found for the plaintiff.

...-
Mr.
Mr. John Barber—l am clerk to the plaintiff's at
nightie!, Mrs. Patti, but 1 accompanied the last i
Obeli& on the 19. h of October, where a woman wet
ge mess Mre. Paul. It was between ten and eleven
We Fnflowed her first to a public-house. nearly
• Benet prison. We followed her then down';
Blaektnan.street, to the Alarshalsea prison
GUN Wes, the wafted a little way, and then went bac
itifiliskleilsea. She then ovine out, and I followed
Upien-street, In the Borough, which is out of tite
met erefraeh, seeing her go towards London Bridge,
NW/ Inn, where our office is, for the bill, which I
littesteara honey, at very neer half-past twelve o'doel
10,0“-ezatained by Mr. CAMPBELL—I came 011
jaidge. from Unlen-etreet, and was about a quart,
geftidg ge New Inn.
M. Scaestrw then shortly addrused the Jury f
argifisedubraitsid tattle Jury that the plainttff's er
be mistakes in the day. There was no doubt that 1
iWie net Of 'besides on the Ifkh of October, but i
riunild satisfactorily prove that she had not gone bcy
assigned to her. He had witnesses to prove every ti
Pleyf had dna, la. die Ilene sewn to, and if he I
trier her every fin minutesof the time, he should a
it within a • eller of an boar. He should also]
es to the day wu the more likely
bib aassanr attempted to be filed on the lith,
be disof seattl. and the dark who was sent for the g
rzrrfin*ga:l4""``ewes wreraeutlhbeadn called
back
h daeoltsen-1 ani a daughter Of 3irv. Paul
kir erhir %woe tat Wanness-road on the lath of
daldfleso edgiest, swabs of that day she wet
pepigissaivitmrsierweaw flimuM li'ler. Site s