The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-04 00:00:00

TO TDB EDITOR OF TUE BRITISH PRESS.

E 9, Devonshire-street, Queen-square, May :t.
&11t—I trust you will, in justice to myself, rectify an error,
-which your reporter has accidentally made, with rigard to the mis-
placement of names. The subject to which 1 allude occurred at
Bow.vireet of Friday morning last, and which appeared in your
hirNy r.-spe•tabl:: Paper of Saturday, Ist inst. It was not myself,
but Kr. 'Williams, whom the watchman charged with behaving
dkordcrly in the street on Monday niorning last. I only went no
Thursday evening with Mr. Williams as a friend, to remonstrate
with the ••atchman upon the impropriety of his conduct tovunds
Mr. Williams, with respect to his having struck him ( W.)
when the iv.itclinlan thought proper to take us both into cumotly.
up the pica of our hs•.ing obstructed tam in the eitcution of his
duty, and fur which I appearcd'ict Bow.street,
I remain, Sir, your obedient scrvant,
W. U. TUCKER.

used eh;

LATV INTELLIGENCE.

COURT OF KING'S RENCII, 3IoNDAY, MAT 3.

DAVIS V. atussEi.
Mr. CHITTY opened the declaration, which contained several
counts. The action was to recover compensation in damages for
excessive distress.
Mr. tie XXXI stated the case. The plaintiff was a cabinet.
maker residing in Church-street, Fulhem, and not in very opu-
lent circumstances ; a fact which rendered the oppression he suf.
freed the greater. The defendant was the landlord of the house
occupied by the plaintiff, the defendant having himself taken it
from a person of the name of Neale. The defendant had put an
execution into the house, and he (Mr. Gurney) should call wit-
nto prove that the defendant had acted in a shameful and ex-
tortionate manner. The bed had actually been seized from under
a sick person--a sight which had made those who witnessed it
weep at the cruelty.
Elizabeth Davis, daughter of the plaintiff, ,as the first wit-
ness.—ller father was a cabinet-maker, in ('hurch.steeet, Fulham.
In December there was going to be a distress levied by Neale in
her father's house, when the defendant stopped it, and took the
goods that were to be diserair.ed into his own possession. (In the
20th of. December Russel put in a distress. %Finales had seen the
j paper produced before ; it was the inventory made by the de-
fendant. There were a great many other goods in the house be-
sides
these mentioned in the inventory. The family consisted of',
j ix children, the father and mother, and an appreittice. One of
the children was dangerously ill, a little girl. South, defendant's
I agent and auctioneer, came on the Saturday, and took possession,
' Witness's father was very ill. The goods were taken away en'
Monday morning. Plaintiff told South he was ready to pay if
there was any rent due, but he did rot corsider Hostel to be his'
landlord ; South said Russel was determined to remove every thirg
! off the premises. Iler father then said. " %Von't you leave a bed
to lie on for myself and little girl, who is very ill ? Smith replied
he would not. The lower part of the house was stripped. The
child was on the bed when it was dragged from under it, and the
child would have fallen on the floor if the mother had riot caught
it. The family had only two chairs left to sit on. A young man
who was present took out a handkerchief, and wept at the cruelty
of the defendant. The witness enumerated the articles taken ;
among them nine gallons of elder wine, whidt was returned with
sixteen Mats less ; a pair of sheets nearly new, which cost about
twenty-live shillings—there were other sheets of less value ; a pair
of scissars,
('ens-examined—The man came in at the window. Mr. Starkic
purrhased part of the goods that were taken. Galloway, the head.
1, nitwit, was with Ituisiel when he stopped the good's Those
aura part of the articles purchased by Stat kic. tines, was not
present at the sale.
James Stewart.—Witness was a broker; distrained, on the sth
of December, for Neale. for the sum of fifteen pounds. The goods
distrained upon were sold to Stsrkie on the 17th of December, 1323.
' %Fitness was sent for next day, about live o'clock, and found Mr.
livs-cl, thn! headborough, and two or three torn, at the door. The
gond:. were tiisl op and brought into the shop, ready for removal.
%Vitaiss asked what all this was about, and was answered by the
defendant that the goods were not to be removed, for if they were,
Ihe should take the person removing them into custody. As soon
as witless's man took the bed up in his an»a to remove it, Russel
seized it, Ruud carried it into his own house. Witness should consi.
der that the goods seized were worth about 101. or All. There were
some girds left; a number of small things, worth, according to va-
luation, 101. as. A bed might have been kit, es the goods left were
of more value. There was an inventory.
f.'ross-examinett—Had no account of any tcols left, or any bed.
Witness agreed with the landlord of true Ship, at Fulham, that the
• goods should remain in his Louse for a shilling a week, for two
, months, to enaltle !Leis to retrieve his eircumstancus.

Notice of distraint from Duce!, as landlord, was put in and
read. The sum was : also an affidavit, si..ffied by south. from
the Excise Office, stating the rent to be 361. and the expenses
Ili. Is.

Robert Mark "%Veiling—Knew Davis, and was present at the
time of the distrris ; saw the hothte after the goods were removed ;
produced a list of tools posanisori by Davis: attended the sale, and
when South came to the tools, Itiwiel said, Seuth, I want those
tools," and they were knocked down instantly to him tor hall-a-
crown ; witness was commissional by S:arkie to bid 30s. The sale
was very quick.
Mr. MARRYATT

lined this witness, but elicited no.

thing material.
Re-examined—Should think the tools were worth nearly 31. It
would cost Davis 31. to replace them.
31r. ('lark attended the sale. lie would have bid more than 30a.
but would not have bid after Russel, because be thought Russel
bought in the tools for Davis.
Mr. 3IAURYATT addressed the Jury. According to the valua-
tion :he goods were worth only about WI. or all. and they had been
sold for 361., and part of the goods included in the Inventory were
returned. He contended that the distress was not extravagant, and
called witnesses in support of his statement, and to allow that the
plaintiff never paid his rent without being distrained upon.
The first witness for the defence underwent a long ezaniination,
when—

The Loan CITIZT JUSTICE suggeeted that Mr. Neale should
be called, observing, that the account as it stood was eery obeesie,
`but it was for Mr. Marryatt to say whether it was his intim( to
clear it up.
Mr. M.vn had to objection to call Mr. Neale.
That gentleman was then examined. Ile stated that he was the
Iproprietor of the premises, and had let them to a Mr. Waddilove,
for 321. per annum • Waddilove put them into repair. bit had not
money to go on, and witness lent hint a hundred pounds for that
purpose, incressing the rent to 401. But not being able •o get his
n•nt regularly from IVaddilove, he appiied to Waddiluve to give up
his ogre:l:Dent, or to consent that he, Neale, should receive the rent
from the person in occupation ; Waddilowi consented to this ar.
rangement, which continued up to the time of his death, twelve
months since. Mr. Scale, considering Waddilove's contract at an
end, let the premises to Russel, who aow distrained for the rent due
trom Davis.

The Loner Crrit• JCSTICE !mid it did not aprear that there
was any surrender of Waddilotex interest, and that Russel had no
right to distnin. He suggested that the Counsel would comn.uni-
cate with each other to see whether they could not cane to an
attar gement.
After some consultation, Mr. South, jun. was called; but as he
was about to be examined— _

Mr. MAR •IfAT T COMellted to a verdict against bim—Damage•,
501. ; costs, 40,5.

S IE v. RUSSEL.

This was an action by the plaintiff againsttbe same defendant as
in the last action, to recover the • slue of the goods purchased by
Starkie under the distraint upon Davis.
Mr. Gun xr, 1-, for the plaintiff, consented to take a verdict for
40s.—Diniagcs, 40s.

Irsi•:g has passed last year on the Contirent,
ask the t•t:e o his new work is, Tales of a Travelltr.—
Cark Southern Reporter.
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