The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-16 00:00:00

COURT OF COMMON PLEAS, Wroissimv. Fss. 15.

iSittings in London before the LORD CDIET JUSTICE.)
WILLIAMS. GENT. r. Gummi X THE ELDER.
Air. germs's Vaticinate stated this case to the Jury. It was
en action brought by the plaintiff, who is an Marne,. spinet the
defendant, a cow-keeper, to recover the sum of 7bl. Is. tel. for work
at id !Aver done. The amount claimed consisted of certain items,
the expenses incorrect In bringing an action against the Proprietors
ov the .llderney Dairy Company, who had charged the defendant's
son with a felony. This company failed to substantiate its charge,
which was, that Goodwin the younger had stolen from them a
certain quantity of grains, and an action was brought against
Sumetield, one of the mephitises of the dairy, on the ground that
the arrest was malicious. The action here referred to was brought
tat the instigation of the defendant, who, as would be proved to
the. Jury's satisfaction, not only promoted it, but gave all the ne- '
emery Into-actions. This man was of comae now looked to for
pie costs. He had paid 201. in advance, and got a receipt for that
vim in the name of his sca. This, however, would admit of some
esplanstion.
The lasen Cater Jcsricz—Was not Mr. Goodwin the elder
examined in the cause you have just referred to as a witness ?
Mr. Sergeant VAUGHAR—Yea, my Lord.
The Loan Cutts' JUSTICE—How then can he be tined for the'
costs of an action in which he was witness, and yet obtained no
release ? The cause may go on ; but the circumstance is novel,
and must be reserved for the consideration of the Court.
Mr. Sergeant VAUGUAN continued. The receipt for the 201.
was made out in the son's name, at the particular request of the
father, who so desired it, with a view to raise a subscription in
case the action riatuld fail, amongst the cow-keepers, most of
whom felt that this action was a common cause against the
Company.
The LORD CRIET JUSTICE—That renders the matter worse.
Henry Watson, clerk to plaintiff, was thee called. He had seen
the defendant at plaintiff's office frequently. He had only seen the
son there once.
Cetus-szarnined--Pleintiff had a managing clerk named Turner.
He was a very sanguine young, man.
Turner was nix( examined—He was plaintiff's managing
clerk. Defendant called at his employer's in the month of April,
and related all the circumstances of the action. He complained
that his can was ill.treved by the Dairy Company. At his request
a letter was written to Mr. Stansfield, threateninglhim with process
fur the malicious arrest; to this no answer was returned. De.
fendant called a second time, and brought his son with him. He
then gave instructions for the proceedings . It-tunas told him that
unless the malice could be substantiated the action would be fruit-
kw Defendant said, " I suppose you will require some money
to go on with," and paid 20!. on account. Witness made out the
receipt in the name of the son at the father's request, who ob-
served. " If we lose the action this will enable us to raise a sub-
scription amongst the cow-keepers."
The LORD Center Jriericz said that the witness, by thus
igiving a lane receipt, that the cow-keepets might be fraudulently
'tette d to pay the expenses of the action, was guilty of a con.
?piracy.
Witness said that did not occur to him at the time. Ile admitted
he had dome wrong.
The LoRD Critter JUSTICE—Mr. Turner, did not you bear
Goodwin the elderany, when he wits examined at the time referred
W,
_that he had noting to do with the cause ?
Witnern thought the question was put to him. Ile had a blank
release in his pocket in case the question might be put.
The LORD Cuter JUSTICE—Then you would have filled up
the blank, released Goodwin the elder, and have looked to the
younger Goodwin for the costs?
Witness—Yes.
The Loan Cnize Jusrtcr —Really that was very abominable
conduct.
The witness was then cross-examined by 31r. Sergeant STAN LIE
e--Defendtmes son did not look more than 21 years of age. Ile
inter said if they did not get a verdict the plaintiff must lose his
costs, becalm he had no claim on the elder Goodwin. Never heard
thwdetentlant say he wished the action not to be brought.
The receipt was then put in sod read.
T. Saunders was present at the striking of the Special Jury ; the
defendant then said he was defermined to proceed with the action.
This closed thgpLaintirs case.
Mr. Sergeant araetziz addressed the Jury for the defendant.
The Learned Sergeant anicuadverted in very strong terms on the
viaduct of Turner, the ou.naging clerk, who in tire action against
the Dairy Company had.put a witness ii the box whom he knew
to be interested. The Learned Sergeant said he should be able
completely to disprove the plaintiff's case, and the Jury would
then decide how far such a witness as Turner was deserting of
credit.
Joseph Goodwin the younger was then examined.—lle knew
Turner. First saw him at the beginning of April. ll'itneFs ex-
plained to him bow ill he had been treated. Turuer said, " you
base good grounds of action, and will get Mi. damages." (Laugh-
ter.) Witness told bins he had no money to squander away in law,
acd Turner replied he did not want any ; he would take it 11110
Court himself. He went subsequehtly, and gave Turner the 20'. I
to canyon the action. Turner put it into a boz, and said, " Joe.
my bay, I hope you oat bare this back again in little while, and
some more to it. ',Laughter.) His father did not say a word
about a subsaiption from the cowkcepers. In the acuon he was
Delimited His father then said to Turner, " You have not done
the boy justice: 1 always told you the law was against you." 1
Turner replied, "11 hat bass you to do with it ? It ts nothing to I
you." He asked Turner for a receipt for the money, and he sent
a boy to pet one. The receipt was then written.
Cromexamintd by Mr. Sergeant N'attonse.—lt was his own
'money hr paid. He was in the employ of his father. He received
7s. a-week end had his board, lodgings, and clothes. He ire-
q_uvitly got money for doing jobs. Part of the money he paid to'
Turner as borrowed from a pence named Calvert. Cal-
vert lent him W. Ile had Ti!. by him that he bad saved. The
remeinder his fatbek owed bins. Ile frequently went for
months without recessing any money. He did not receive
it weekly, fearing he might spend it. He had tio words with his
father about the trial. His fattier quarrelled with Turner, for mis-
leading witness. He did not go to plaintiff's office and request
him to make out the bill in his tame.
Thomas Lemnos. a milkman, knew the plaintiff and defendant.
Was in company with Turner one day after having been bail in an
action. They dined together in St. Paul's Church-yard, and had
eouap steaks for dinner. The defendant and his son were of the
itry. Turner said he thought it proper Joe should bring an
Set
an mallet the Company. The defendant said, he thought it
had better be left alone. Turner replied, if he did not get damages
ire would not ask anything for expenses.
Cross examined by Mr. ANDREWS.—That conversation took
place some time ago. lle could not say exactly.when. It was
Foam months ago. It might be twelve months since. It tun,-
Fired at a public-houee. He had become bail that day for a person
named Melsnm. He never was bail but once before.
It being observed that Calvert, who had lent the money to young
t laid-win. was in Courtt Mr. Thesaiger put him into the witness
box, that the plaintiff's counsel might have the benefit of his
cross.examination.
Crosa.examined bti Sergeant VAUGHAN.—Witness did not act
as en attorney. e recollected leaving a brief at Mr. Sergeant
Vaughaa's clambers, but he did it merely as a messenger. Hs
as a fine-spinner, a dealer in flax, in Russian mats, and hemp.
Mr. Sergeant Vat:GaAs. I am very sorry you deal in hemp,
'no. (Laughter.)
Witness—Yes: I make hemp ropes to hang lawyers. (Great
laughter.)
Cross-examination continued. Ile brought actions sometimes in
his own name. He wrote a letter fur the defendant, in answer to
one sent by the plaintiff, requesting a settlement of his bill. lVit-
mai was instructed by the defendant, who desired him to say, he
was tiorpriard at the application to him for money to settle the costa
of the action, it not having been commenced by his (defendant's)
order. •
Two or three witnesses were then called to prove that the cause of
the action far wbith the present costs were claimed had not trans-
psud at the time when Lemnos went to put in bail in the action
against Melsom ; and that therefore the canveriation given in mi-
di:zee could not have taken place. Some book entries showed that
!Sebm's bail was put in on the 111th November, 1824. and that
the. treatment which Gwin the ur comlained of having
received from the Dairy ood
Cyo ompany did nnoget occur until the March
following. The conversation, therefore, could not have taken
plea.
A Juryman inquired of Turner whether them was any bail put
in tar fir. Mahon as say subsequent period t and was answered
Oa Ana negative.
Tbis *errs Mom was upaalisd. sad ia answer to a !wisdom put
doPlard bad ad be/ id We

office ; Mad they had no occasion to send out for receipts, as they
always had them in the office.
Cidvert was also re-called. The Loan CnIET Jeer ICE ex-
amined him. lie did not assist in getting up this cause in any
way ; he had done no more than write the letter before referred to,
at the request of the defendant. He SAW the plaintiffi afterward* at
his office, whop he said that there was good ground to move for a
new trial'. which would cost five pounds. lie further said " The '
Judge was . a d—d old fool, and ought to have let the cause go to
the Jury." (Great laughter, in which his Lordship joined
heartily.)
Mt. Williams, the plaintiff, who was sitting instructing his
Counsel. exclaimed, labouring evidently under great agitation,
" It is false, my Lord ! it is false !"
The LORD CHIEF JUSTICE said that Os reminded him of
what occurred once in the Court of King's Bench, when a person
informed Lord Kenyon. who was on the Bench, that one of the
parties said " VOUS Lordship is • great rogue, and the Jury are
great Moll." (Great laughter.) Lord Kenyon replied that he
would fiwgive him ; and his Lordship had no doubt the Jury would
do so also.
Mr. William.. still much moved, asserted that what was imputed
to him was &Ile. and threatened to indict the oitnesa for perjury.
The Loan CHI Fr JUSTICE said—" Mr. Willianis, for once
take a 'mon of pattence from me."
Mr. Sergeant Vail ti AN then addressed the Jury on behalf of
the plaintiff: after which
The bean tr JesTiet trammed up. His Lordship said
that this was a case which had become of vast consequence as far
as regarded the character of the witnesses; either one side or the
other had unquestionably been guilty of gross perjury. It was fur
the Jury to decide with whom the disgrace should lie.
The Jury retire!, and after consulting for some minutes, re-
turned a verdict that credit had been given to Gooelwin the elder.
The Loan rime JUSTICE then nonsuited the plaintiff on the
prints before mentioned, and gave the plaintiff liberty to move to
set it aside.
Mr. Sergeant VAUGHAN made some objections, when
The LORD CHIEF JUSTICE said he would then make short
work of it, and recommended the Jury, as was his duty conform-
able to law, to find a verdict for the defendant, the plaintiff having
no right to bring such an action.
Mr. Sergeant VAUGHAN did not question his Lordship's power
to do so, and therefore conceded.
The plaintiff was therefore nonsuited.
MAY v. RSZVER AND OTHERS.
Mr. Sergeant Seatoor said this was an action brought under
curious circumstances. The plaintiff was an accountant, and pro.
ceeded against the defendants to recover the sum of 4411.75. for
work done as an accountant. The defendants had been engaged in
speculative transactions to the amount of 40 millions, and employed
the plaintiff to settle their books. They had taken an office for
him, in which were lodged the voluminous accounts.
The Loan Cuter JUSTICE observed, that it would benefit the
country if some of these 40 millions were to pour into the country
just new.
Mr. Sergeant Seaarsig said these were speculations from which
nobody had suffered—the defendants bad paid all who had any
claim upm them. What in the present case would appear most
extraonlinary was, that the plaintiff was even now timing the de.
fendants on the most amicable terms; he was, in fact, unable to
get a release from them. An arbitration had been unsuccessfully
appointed to adjust the claim, the fairness of which was admitted ;
but a question arose as to who should settle it, and to ascertain this,
or, as the defendants said, to avoid each the liability of being
laughed at by the other, the defendants themselves recommended
that this action should be brought-
The case was proved, and
The Jury found a verdict for the plaintiff..
JACKSON V. REALE AND OTHERS.
Mr. Sergeant VAUGHAN said this was an action for assault and
false imprisonment. The defendants had not been able to plead a
justification. and therefore had contented themselves with the gene.
ral issue. It gave him pain to be obliged to enter into the details
of this cause, the principal defendant being the pastor of a congre-
gation, and such characters were clothed in a divinity winch it was
distressing to deprive them of, even though they had violated their
sacred calling, and shown that they were 111-deserving of those
Wallops of delicacy which nevertheless would operXte to a certain
extent. The plaintiff had been thrown into a prison appropriated
to felons for a whole night, and had suffered other indignities. If
any defence were attempted he should have an opportunity of an-.
meting it; his present conviction was, that there could be none.
The plaintiff was a respectable bookseller, and the defendants were
members of, he believed, a Calvinistic sect who had a chapel in
Aldersgate-street. Whatever might be their faith was of little
import to the matter here in question; and the learned Sergeant
ousted that, so long as they met in the true spirit of religion,
they would be free to exercise their calling, unassailed by any
of those prejudices which sometimes operated against those
who were not of the established church. Amongst this con-
gregation there had been some disputes. Ile need not now en-
ter into them further than to state, that they bad been very pro-
perly referred to an arbitrator, who had awardtat a certain sum to
be paid to the plaintiff in this cause by the pastor, the defendant.
On the 10th of April last, which was on a Monday, the congrega-
tion assembled to hear a lecture by their pastor on " Pilgrim's Pro-
gress," a book containing doubtless a great deal of morality, a due
portion of religion, and a certain amount of imagination, which
might be beneficial, and might not. A. soon as the lecture had con.
eluded, Mr. Ileale announced to the congregation that he had some
matters to introduce to their consideration ; and these matters, in.
stead of being those charitalle notions which should possess the
minds of gentlemen in such situations, were actually relative to the
temporal disputes before referred to. Ile told them, that lie should
read to them some letters that had passed between him and the
plaintiff's attorney ; that those who took no interest in these pro-
ceedings might witdraw, and that then the doors of the chapel
would be closed. The gates were accordingly barred, and the let-
ters were read, which was no sooner ellected, than it was
announced by somebody that the plaintiff' was preient. This
was no sooner communicated to the worthy pastor than he de-
scended with dignity front his rostrum, approached towards Mr.
Jackson. gazed upon him for a while, and then apparently returned
to his official situation. Once again mounted, he addressed the
congregation lie proposed to them—what :• That Mr. Jackson,
the plaintiff, should go to prison. Ile begged of them, if they
approved his proposition, to " signify the same by holding up their
hands." He wished In this way to ascertain the sense of the con-
gregation. Mr. Jackson had gone to the chapel to hear a lecture on
Pilgrim's Progress! No charge was made against him—there was
noalleged ground for the proceeding—but the doors, when lie was
about quietly to retire, were suddenly closed upon him, and the
pastor put it to the congregation whether he was a fit person to be
committed to the Giltspur-street Cumpter or not. This was abso-
lutely the case; those who were of this opinion were to say " aye,"
and those of the contrary opinion were to say " no," and the ayes
had it. (Great laughter).
The Loan Culler JUSTICE—Then he was committed by the
Speaker I suppose. (Laughter.)
Mr. Sergeant %%trustee continued—The door had been fastened,
and—to use one of their own expressions—they nabbed him. An
officer was sent fur ; lie was hurried to the watchbouse ; bail was
offered, and by one of the congregation ; but to have accepted
it would have been to have relented something of the vindictive spi-
rit tl et was rife; aid a benevolent feeling of core.ssion or Christian
charity formed no part of the present proceedings. The plaintiff
was loeigid in the Giltapur-streetCompter—a receptacle for felons, rot
the profligate and abandoned of every class ; and there was he left,
despite of the offer to bail, to pans the night, subjected to all the In.
dignities of the situation. But this was not all—he was actually, as
if he had been in reality a felon, searched by the officers at the
instigation of one of the defendants, and his pockets were rifled of ,
their contents, and his private papers were intpertinently scruti-
nised. lie was next morning taken before the Magistrate, when
the only charge that appeared against him was, that he had not
conducted himself so as to meet with the approval of the defend.
ants, and more particularly the worthy pastor. This was the
" head and front of his offending." The plaintiff was of course
discharged, though the Learned Sergeant believed there was some
contemptible charge cot up to hold him to bail.
W. Lidey was cafied. He lived whh his uncle. Ile was at the
chapel on the eveniug in question. Some letters were read by the
Pastor, who, as soon as he had read them, put it to the congrega-
tion whether the plaintiff was to be sent to the Compter or not.
There was a show of hands taken. An officer was sent fur, and
the plaintiff was taken off. He attempted to address the audience,
but had no sooner commenced—" Ladeis and gentlemen," than he
was pulled down by the officer and Mr. Heale. A Mr. Rawlins,
one of the defendants, was very active. There were several hands
held up. Rawlins proposed sending for the officer. Heade ap-
proved of it.
The Loan Caster jUSTICZ—What an indecent exhibition !

Cross-examined by Mr. Sergeant 1.103 AN 4.1.1: T—Did not know
that the defendant was to give; ny particular explanation on this
evening. Did not see any handbills posted it p round about the
chapel, neither did he see any distributed on the outside.
Titus Parr was going by the chapel, and saw the doors closed,
they were opened and he went in, but they were reclined. This
witness contirnied the testimony of the last. lie knew Heale, the
pastor, Rawlins, and Dodd. There. werg two or three others who
took so activeyart in the proceedings, but he was unacquainted
with them. The three persons above-named tall held up their
hands. When the plaintiffigot upon a form to address them, and
WWI pulled down by Heale and the officer, there was a cry of
" Mercy, mercy ! quarter, quarter."
Joseph Harrison was the officer who took plaintiff to the Comp.
tor. Several went with him there. Dodd and another searched
him. s
The Loin enter JUITICZ asked how the officers came to
allow hint to be searched.
Witness said it was the practice—the standing order.
The LORD CHIEr JUSTICE.—It is a very improper practice,
Sir, to march persons not charged with felony, and I advise you to
be careful and not allow it for the future.
Witness cuminued—The plaintiff was charged in t':ie books with
being disorderly.
The Loan litter JUSTICE—If you had taken all that were
disorderly, you would have taken a great many more.
The other witnesses for the plaintiff merely corroborated the
above facts.
The plaintiff's case here closed.
Mr. Sergeant liosadraurr addressed the Jury for the defend-
ants. There had been a bill minted by the plaintiff, in which he
stated that the Pastor had forced him into an action which was
subsequently abandoned, and that ha had inn:erred a certain ex.
pease in getting up a defense. To sends this difference an arbitra.
for was appointed, who awseded 171. les. which sum !tetrad not
been able to get from Mr. Mule. The bill stem! this to the con.,
gregation, and requested them to defray his expenses. Surely this
was lawititrigire
his
though it might not go to the
le•ldi The letters read by Air.

THE BRITISH PRESS•

Ilea* were In **planation of this. One was from the plaintiff'S
Solicitor, who stated that Mr. Heale had frequently tendered him
the money, hut the plaintiff would not allow hint to take it. The
Learned Sergeant then called some witnesses, who proved the dis-
tribution of the bills, and their being printed according to plain-
tiff's order.
John IVay was sailed for the defence, but proved nothing ens-
mist. On his cross-examination he said he saw one of the de-
fendants hold up his hand in the chapel—his name was Luton.
The LORD CHIEF JUSTICE said, but for this witness the de-
fendant Luton would have escaped ; bat he considered it being
proved that he held up his hand for the imprisonment of the plain-
tiff it was quite enough to cnminate him.
This witness further said the service on this day concluded with
a bernsliction. (A sensation of disgust was here very strongly ex-
pressed by all in the Court).
Mr. Sergeant Vainc Ag. in reply, said the Jury would consi-
der that the pastor had been cunning enough to make his congre-
gation hold up their hands to support him in Ills disgraceful mea-
sures, and he had no doubt but that this divine would turn round
for the coats of this actin's, and remind the flock that this was their
act and nut his. Considering, therefore, how many were to divide
the damages, the Jury would not be very sparing. The benedlc-
lion of the defendant was something like the benediction of those
in gone by days; who wedged their victims between stones and left
them with a prayer that the wretches might depart in peace.
The LORD CHIEF JUSTICE summed up. Ills Lordship had
lived during the whole of his life, and hoped hed lie would die a
liberal Christian. It was not fur him to Judge how a man was to
serve his God, excepting so far as regarded his own happiness—his
own hopes. What, however, had transpired to-day, was a develope-
ment of god' a disgraceful contempt for all the moral and religious
duties of life, that he more than ever blessed that fate which had
early instructed him in the pure principli sof the Established Church.
fle!e was a pastor, turning from those prayers through which alone
he could hope to be forgiven, to indulge in his vicious passion
and profane the holy temple in which he ought to stand before his
maker, as one supplicating mercy, and ready to mete out charity to
all, by outrageously attacking one of his own congregation in the
very worst possible manner. Ills Lordship proceeded to read the
evidence and comment upon it as usual, leaving it to the Jury to
name the amount of the damages which the plaintiff was entitled
to recover.
The Jury deliberated for a few minutes, and then delivered a
verdict for the plaintiff—damages 2501.—costs 40s.