The British Press; or, Morning Literary Advertiser.
London, England, 1808-03-19 00:00:00

CIVIL SI Ur.

TItANTER.

Vita ease was tried by a Special Jury.

Mr. l'etcAt its stated, it WEIS an actinu to recover
a compensation in davnages for a malicious probe.,

eutio.i.

Mr. Gamow, as leading Counsel for the Plain-
tiff, stated, that it was one of the most aggravated
essrli fir which a Pla;iiiiti could demand repara-
tion from the hands of a Jury ; inasmuch Ai the
malicious conduct of the Defendant might have
subjected the Plttitititi to the most ruinous conse-
quences. lie then detailed the circumstances of
the ease as fOllO%. :—Sume old buildings having
been pulled down at Greenwich, the old materials
were sold in lots, which the buyers were to curry
away. A dispute arose as to some of the old tim-
ber, and in creiseriuence of that dispute the timber
was suffered to remain for a considerable time iy
ing in the road neartlie church-yard. The Church-
wardens cousidering it as a nuisance where it lay,
ap,ilittil to the Plaintiff, who was a respectable coal
and tinder-inerchaut at Greenwich, and desired
him to take it away ; he sent his team of horses,
and publicly dralmad it into his own timber-yard.
The Defendant, who was a broker, also resid-
ing at Girteawieb, having some claim on the
timber, about three decks aft:rwards applied to
the Magistrates for a warrant at the Plaintiff
for a felony, aid desired he, might have it greeted
immediately. HS be said the Plaintiff would other-
wise abscond. On this representation, the warrant
was granted for the Plaintiff to appear two hours
afterwards before a Bench of Magistrates: he did
appear, and, when the complaint was heard, the
Magistrate dismissed it is too frivolous to be sup-
ported. The beittittltsut, •however, not satisfied
with the deciLion of the Magistrates against him,
went the iiext assizes and presented u bill of indict-
ment against the Plaintiff, which SV LW found a true
hill ; the Plaintiff was consequently compelled to
appear at the nest assizes to take his trial, but the
Defendant did not think proper to pursue further
his charge, mid Le was acquitted, as a matter of
Oil fee.

Mr. GA=OW culled witnesses, who proved these
facts, and that the Plaintiff wag put to the expense
of Ritiu, in his defence to the Maictineeit,. It-
also appeared, that the Defetaktut had no claim
whatever to the wood in question, *out that the
disputed right was between the Plaititid and a Mea.
• 'Powys.
Mr. Serjeant SitEPILF.aD, for the Defendant,
ia-
vested, that there was a probable cause for the in-
dictment, which repelled any presumption of
malice, as the timber was carried away before day-
light. H. also called witne.ses to prove this fact,
but their testimony did not bear out the statement.
The Loan Cuter Riau,: said, be thought the

conduct of the Defeo:hint/lad ',rearmost culpable ;
he had refused to he satisfied with the decision of a
Bench of Justices--lie had wilfully refused all ex-
planation. and had thought proper to resort to
measures which might have ended in.the ruin of di.
Plaintiff. his Lordihii added, that, in his opinion,
the Plaintiff had mauc oat a case which entitled
him to the mod anipk compensation.
The Jury found a verdict for the Pluititifr-
damages 1001.