The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-26 00:00:00

Mat there had been no evidette of a ring There was no violence
used, the peaze-ellicets did rkt find it necessary to interpose, and
there was nothing in the meal% treneactien to make it different
lion any ordinary tejokine. The nely serious part of the ease was
the evidence of Taylor, who raid that the mob came and tart atened
his life. Other witnessee, however, would limiter, and explaio, if
titer did not contradict, the evidence of Taylor.
John Heywood was called to depose to a conversation between
him and Taylor, in which the hotter said that he regretted the in-
tetination he cave against the prisoners, and would tell a dilletent
story on the tnal, if he was not afraid.
'At tele stage of the case, it was arranged between the Coursed on
both sides; that Roux, who is a young mate should be acquitted ;
mid that " the other two preonera should be found guilty, and dig.
Charged, spun entering into recognizance" to keep the peace.
PROSECUTION UNDER VIE GAME LAW'S.
Roket 41farahalt(ageti eighteen) was indicted for entering a close
4coging to ETA Motley, in the parish of Plympton St. Mary. be.
(Caen foot and five o'clock in the morning, on the Uth of February
lad, with intent to kill game.
James Roach examine!—ls under-gamekeeper to Lord Moder.
A.m.:tethers going nut on the 9th of February last, at tour o'clock
in toe 'peening. to Ridge Park Copse, which belongs to lord Mor-
ley. Witness had not remained anger than three quarters of an
hour in the copse, when he observed the prisoner enter, wish s fowl-
ing piece is his hand, Witness watched until he raw the.prutoner.
tire at a pliciteant, which was on a tree. The bird was not shot.
eVitneas thee proceeded to take the prisoner into custody, but he re-
mora!, and vedertly a.situlted the witness with his fowling-piece.
m '
lie then ran ell; and witne permed him. 'lt mese was mopped
nee; sometime by the prisoner's tether, who seized him by the col.
lA% and said, s ith en oath, that he nettle cut off the witness *band
it tie did not tarn back.
The prmeretitin was conducted by Mr. Peeve.
The prisoner. who bad no Counsel, end he would not deny that
tie had been at Ridge Park Copse; but he did not leave his own
House until past six o'clock.
Ann elarsliall (the primacies mother) swore that the prisoner did
nit leave home on the morning in question until after six o'clock.
lo contreilict Ann Marshall's testimony, a person named lien.
wood was called, who proved that he had seen the keeper (Roach)
nivered with blood and dirt, two miles from Ridge Park Copse, be.
ere *even o'clock.
Tee prisence left the country for several months after the
t.armartion.
Mr. Justice GASELES told the Jury that if they believed the pri-
soner was found in the copse hefore flreo'clock in the maiming, they
ought to find ben guilty. The Act of Parliament made it nava-
eery that the offence seould be committed between seven in the
evening and five o'clock in the morning. The other parts of the
case did not admit of any question.
The Jury, after a moment's hesitation. returned the singular ver-
dict of "Guilty between five and six o'clock."
The Learned Junoe said that verdict meant Not Guilty, and
directed (hat a verdict of acquittal should be entered.
The prheiner was than given in charge for an assault upon
eltivecle the gnmekceper, under the eircummances above mentioned.
leper this charge he was found guilty.
Anendoefosepe, a Poetuguese, of mean appearance, was put to
"the bar, charged with stealing lee sheep.
It appeared that the prLoner had drove the sheep from n field at
Janette!, near Totnees, and offered them to the first person he met,
at 2a. a head. This circumstance exciting suspicion, the prisoner
was taken into custody.
Refine the trial was proceeded with, Mr. Cole, the county gaoler,
was sworn, and stated that from the conduct of the prisoner since
its committal, he bail reason to believe that he was not of sane
mind.
At this moment the prisoner began kicking at those who were
near him ; and, by his wild appearance and uncouth manners,
obviously indicated tbat he was suffering under mental de.
movement.
Under the direction of the Learned JUDOr, the Jury returned a
eerditt to that effect.
The unfortunate maniac was remanded to prison until his Ma.
:este.% pleasure shall be made known.
CIVIL SIDE.
',Before Mr. Justice LITTI.EOALE.I
ItEDDAWAV COIIAX, CLE ali.
Mr. Sergeant WILDE, with whom were Messrs
. CARTER and
Wittown, stated, that this wall an action brought to recover corn-
pentatem in damages for false imprisonment for twelve weeks, in
the county gaol of Devon. Ile was sure a complaint of this
kind, if well founded, would not be slighted by any of the intel.
ligent Jurymen he was addressing. lie was bound satisfactorily
to prove to the Jury that the imprisonment inflicted on his client
was unjustly Inflicted. and without legal or reasonable cause. If
be succeeded in establishing these points, he hoped the Jury would
not be demoted to undervalue the complaint of his client. The de-
fendant. Mr. Column was a cleigyman and a magistrate, residing at
Comm House, in the pariah of Black Torrington, in this county ;
and (twee of the manner in which Mr. Coham discharged his duty as
a magistrate that the plaintiff complained. Until the complaint
was proved: and the grounds of the complaint made apparent, it
was his duty as a Camel, preferring such a charge against a
inattrate. to speak of him with deference, and to treat him with
for ance and respect. On establishing his case, if his Learned
Friends gave him the opportunity, be would comment upon the
moonstone; as they deserved. It was of essential importance in
this as In entry other county, that the magisterial chat acter should
tee resp!eted, and not brought into contempt ; but in proportion as
it was beneficial to society, to maintain the respect due to the
character of a magistrate, so also if a magistrate, wilfully, know-
ingly. and intentionally, was guilty of oppression, or neglected to
make himself acquainted with facts winch were within Iris cog-
eisance, in order to prevent his actinic ignorantly and erroneously,
it wee the provitseeof a Jury to punish magistrates who perverted
the power with which they were entrusted for the public good, to
the lettermen of Injustice. if magistrates were allowed to commit
injustice with impunity, there was an end to all respect for them
and for the laws. The charge against the defendant was, that he
committed the pleintlifte prison. either without a shadow of cause
or in igneranre of fact, which it was his duty and his power to
secermin. The plaintiff ors a farmer, living near Mr. Coham.
!laving some agreement with his landlord respecting some ground
which he held from him, in a peace called the Chilly Estate, he un-
dertook to deliver it up if the under-tenants to whom he had
iet snrrendered it to him. Amongst the under.tenants was one named
Strung, who, after some hesitation, consented to surrender
hie part of the land, if senr.e dues were paid for him. Subsequently
all the other tenants consented to deliver up their tenements, in or-
der thee the plaintiff might be enabled to surrender it to his land-
lord. A meeting of.all the tenants took place. and it would be
proved that the defendant was made acquainted with all the cir-
euntstar.ces of the rettlement, by which the under-tenants agreed
to deliver up the lands to Retitle% ay. Strong ;afterwards objected
to this 'mermen', and the cue was 4 second time brought before
Mr. Ciliate, on a claim for poor tetra, and a balance of rent due to
the heed landlord. Strong again agreed, and Reddaway paid the
raves. On Sercing's going hack the second time, Reddaway consi-
dering him bound by his egteement, went to tnke possession of the
land, and tercatened to seize and impound Strong's cow, as damage
Peasant on the land. el'hether he ens right or wrong in this con-
duct was immaterial to the present question. Strong told Reddaway
that if he seized his cow he would run him through with a pitch-
firk. Re :dewily having pad his money according to agreement,
thoeght la had a right to the land. He therefore proceeded early
on the manning .of the 4th May, le2S, to the lands, and
'indica the cow of Strong, drove her to pound, of which a
man.named Dennis, was the keeper. This man Dennis observed
that the gate of the pound was broken, and offered to put the cow
into his amble. Readily/4y told hint the amount of the damage, on
payment cif which be might properly release the co*. Strong's wife,
with a constable, armed with a warrant, came soon after to apprehend
Reddaway, as if he had Peden the cow. Reddaway, Strong, hit wife,
and others, went before Ale. Coham on this charge. el.reCoham
refused on that occasion to hear Reedaway's defence, end ordered
him to be confined that night, and that the parties shculd come
eiraip next manning, lie (Mr. Sergeant eVilde) was bound to pre.
some that the elagistiate's business was of so pressing a nature
that he was justified in holding the charge over until the morning,
and keeping pima' in confinement in the mean time. When
the charge wait made. all the circumstances were known to
Mr. Cohan). Under these circumstances, he put it to the
Jury, c: whom some were Magistrates, what they would do? No
',sooner did Mr. Cohain see Reddaway, than he ennounced to him
the intention which he afterwards carried into effect. " Rechlawat,"
raid M, " !AO mend you to gaol." A declared intentionofsending
the plaintiff to gaol, without hearing complaint or defence, showed
on unmet disposition of mind. The evidence would show whether
this was a Nutty declaration only, or the effect of on unkind feeling
to wards Redditway. It was for the Jury,land not for him to determine
Aso. However, the leaning was so decided, that on the defendant's
asking se me Illation of Strong, the plaintiff, addressing Mr. Coham,
said, n Sir, you seem to know all the clreumsettlees already. I
0411 tell you my ease, and have witnesses here to support what
I say ; me landlord is present as one of my *linemen" Mr.
edited, however, to hear the evidence, and upon an ex-
parte etieteretnt rent this man to gaol on a charge of felony. If
this was ea trim of judgment, it ought to be treated as such but
no man who undertook the duties of a Magistrate. should so end-
tify himself, and set in a manner calculated to bring disgrace on
those who appointed him. Could any one believe this man stole
the row, when he had witnesses present to prove that he im-
plunded it for a distress. But it wee not enough to send the man
to the Cranny gaol ; Mr. Cohan) sent a letter with him to the
Gaoler, intimating that he was " a bail man." Was this usual
for Magistrates? and did it not prove Mr. Collate's feel-
item 2 After the man was committed. Mr. Cohan get abort get.
ting tasidence against him. He took the deposition of one witness,
but never sent it to the sessions, es a Magistrate was bound to do.
This was a most unjustifiable course. magistrates were bound to
sem' ell examinations to the Assizes and Sessions, that the
Judges and Chairman might peruse them. This was neglected,
however, in the present case ; but a bill was tent before the
Greed Jury, which they very properly ignored. Mr. Coham
setrwardi met one of the witnesses in Exeter. He asked
lent what brought him to Exeter, as he had withdrawn his
recognizance ? The witness raid he came up to give evidence,, and
did net know that his recognirances were discharged. Mr. t'nham
afterwards said he mistook, when he said the man's recognetances
were discharged. and advised him to go again to Exeter. and gave
Lira a pound nuts to carry him there. Reddaway wie, discharged.
Mr. Cohain knew well he was not guilty of felony. If he was able
tv prove. them Each, and that there was no reasonable ground for the
eetentiffei vnntitinent, the Jury could not refuse him a verdict.
Rut if el r. Cohem shrived that his conduct, though erronersit, was
feassepe. and to the beet of his eiriginent, in the honest though
is,;rlOten discharge of his date, he would tell his client, " Yes, you
hare suffered ; but it ja mote IMICIICIaI to society that you should