The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-10 00:00:00

1

founded on • atatate of the 4th Gouge IT. ; bee this being held '
sot sufficient by the Learned Judge, the Learned Gentleman ad.
pencil the Jury. They hail heard the address of his. Learned
'..Yriend, lit. Phillips. Ile (Mr. Phillips) was sometimes facetious
and sometimes pathetic, but always elequeut_aud, on the mime
oceasioa, his speech wall .of the oppressor and the oppressed—the
nth man and the poor man, from the heeleting to the end ; indeed
Se lied title doubt, that yesterday being Stied.ey, he h.—l appro.
priaeely spent his evening in reeding again and again the history
of Dien asd Lennie, in she Bible, to polish his pathecies for his
ameba to-day. ,The fact in tinny* e was. that the plaintiff was •
*est illuminate true, who would not quit the defendants cottage.
Omagh he had repeated notice IQ do so ; and it was not till the de.
'fending lied been driven to the expense of an ejectment that 1w had
been ithle to get perventsion of the cottage; nod the costs of that
arieetmeat the plaintiff was uttetly unable to pay. With regard to
these din resees. the defendant had mistaken the law ; for he had
support* that • tenant holding over after the notice was liable to
pay doable rent, lot which the landlord might distrain ; bat the
fact was, that he was liable to pay double the value of the
.„...., which noublacialy be recoicred by an aeticu of debt.
iletast have ebeerved • great disposition on the other side to owee-
Mate the ease—for such was the desire of his Lenrned Friend to
be eloquent on the subject, that he had pressedinto the service of his
ease the cheat/nuance of the defendant's taking the last dirty shift
of the pbtintiffs wile (is laugh) ; bat really the defendant slid sot
intend to behave harshly to them, he °Werel them not only their
geode again, but to forgive them all. the rent due, ii they would but
gSbert of the cottage ; and he should give this as evidence, if an
sihe of amends for any informality hi the making of the distress
intimet secreted : aid he should also prove that they had notice
eo gait a year Defer* the notice s:ated on the other side ; so that the
plaintiff had really held over tri deffauce of his landlord a year
ale, the ounce expired.
MI- Bsdisri, an attorney, said—l served a notice to quit on the
gal*" It expired on the 2cl of February le .
Sawa-examined by Mr. C. PHILLIPS—I don't know that the
*low is a very poor man ; I don't keep his purse.
'Me- C. Pstemmas-1 did not ec'uae you of teeping his purse ;
helms am much sense to trust a lawyer with it. (A laugh.)
James Barber —I appraised the 'first direness, and went with a
message from the defendant to the plaintiff and informed him that
if turdeirld quit within a fortnight the defendant would return him
all his geode and forgive him the rent.
Croni-examined—The goods were near in feet returned. I sin
a butcher.
Mr. Justice lIITTILIDALT—I think this is no tender of amends.
Mr. Cie awoort-11 your Lordship thinks so, my client has no
ell,,tr, to return the goods, and pay flea pounds and the costs.
however, was not acceded to.
3lt. C. Patietros replied—He would des'nnate this case as one
of gross oppressian ; for. after this rich landlord had put this poor
man to ell this expense. he then offred him five pounds ; and he,
'thought that this man having wealth and misusing it wan a strong:
festive of aggravation in this case; and, if the defendant hid not
thought thatths could overbear the poor plaintiff by the weight of his
purse. bmwontd Lot have done the grievous wrong now complained
of. His Learned Friend bad ridiculed his reeling the Bible, and
had represented that he was studying the history of Dives and La-
oaths to patch up a pathetic tale tor the present case ; but he would
*ay, that if his friend's client had turned over the pages of that vo-
lume • little more often be would have learnt that it was his duty
not to epply his wealth to the oppression of the poor. The first
defence was a legal one, and the effect of that was to have been, to
make the plaintiff pay not only his own costs but the costs of his
oppressor. That had happily tailed ; and the rext resort was, to
the supposed tender of amends. But nut one farthing had been
tendered till that day, and not one farthing Would have been ten-
dered then if it were not for the dread of their verdict. The defend-
ant saw that these people were poor, and he took away the clothes
of the plaintiff", wife—he saw that they had children, and be took
the very bed from under them. Could they forget the promise of
the defendant never to turn this poor man out ? and yet they found
that caprice and avarice instigated him to be satisfied with nothing
ess than turning them out into the very streets. The appraiser
on the tint distress seas s bntchcr, and of the fairness of his valua-
tion they must judge. He did not know much of Worcestershire,
but, if the values act down in the appraisement were the real values
of the gowns and petticoats, the Worcestershire ladies must be but
thinly clad. (A laugh.) He found two pairs of stockings valued
at Is. being only 3d. a piece; a gown Is. Gd. But as to the petti-
coat, the appraiser, having more respect for that germer.t, had put it
down at half-a-crown. (A laugh.) The appraiser on the second
distress was a tailor, and he had valued three books at a shilling ;
they would be worth more to cut into measures: and in the next
rem, with beautiful regularity, he clubbed a birdcage, a lantern,
• frying-pan. and the kitchen poker, at 2s. The valuations to.
gather came to 111. Ibi. that he was entitled to recover, and also
any higher value thegoods might be worth; but the greatest claim
would be for the injury sustained by these oppressions. Would
they suffer any man to say, by reason of his riches—" It is true I
have extorted money—true that I have taken the clothes off your
beck--true that I base taken the bed from under you ;—but I am
rich enough to pay damages for It ?" No; they were bound to tell
the landlords of the country (for it would be au important lesson to
men much higher in rank than the defendant), that if they would
be guiltyof aujust oppression, they would be bound to make ample
reparation for it.
Mr. Justice LITTLIDALZ held that the distresses were both
Illegal, and left it to the Jury, on the facts, to give such damages
as they thought reasonable from therein, a the goods, and also for
the injury sustained.
Verdict for the plaintiff—damages 251. for the value of the goods,
and 501. for the injury sustained.
CROWN SIDE.
Before Mr. Baron OARRoW.
Chyle. Cramp was indicted for staling a horse, • saddle, two
bridles, and a bag, the property of Henry Bateman.
From the evidence it appeared that the prisoner had in the day.
time concealed himself in the prosecutor's hay-loft, and rthe night
had gone into the stable and rude away the horse, carrying with
ben the other articles. But it also appeared that soon after the
hone was missed he came home by himself, so that the prisoner,
atter riding him for some distance, had turned him loose; but the
prisoner was stopped offering the saddle and bridles for sale.
Mr. Baron Gammon left it to the Jury to say whether the pri-
soner took away the hone with intent to steal him ; for if he did
not, but only stole the other articles, and used the horse as a cen-
venient mode of carrying away those articles, he was not guilty of
stealing the horse.
The Jury acquitted him of the horsemtraling, and found him
pap of the larceny.
TUESDAY, MAECH 8.
CIVIL SIDE.
Before 111,-. Justice LITTLIDALE.
DOUOKTON V. [WIGHT.
Mr. WIAN opened the pleadings.
Mt. Campbell stated, that this was an action for false imprison-
ment, and that the plaintiff had been treated with great harshness.
:he plaintiff was a very respectable young man, who was born at
Stoueport. His mother VMS left a widow, and apprenticed him to
thy defendant, who was a tailor. He served the defendant for four
years, and then did what no bad usage could justify—he left his
mister's service, and went to London, where he lived frugally, and
assisted his mother out of his earnings in London. After sonic
.time, he retuned to Stourport to Lee his mother again, when the
defemdant was lying in wait for him ; and on his arrival at Stour-
port, end before be had time to see hu mother, the defendant took
Men IMO custody, and took him, like a felon, to the Swan Inn at
This won • Saturday night, and he was kept in
=T was on
that night; and on the following morning, when
vas sinter came to see him, the defendant most inhumanly said.
Oa if the plaintiff would not pay the expense of his being kept
.graisßarsa, he should be sent to a cell called the Black-hole;
Sh imps this disgrace he paid those expenses; and on the
Phe was carried before • magistrate at Kidder-
:Milani the plaintiff said that he was willing to rosy
a felbrismt kr die loss of his services, which was estimated at
Vide Shads On fialetiff was willing to pay; but the defendant
•IgioNd WA Mikis to waive his right of action for the illegal im-
Ipoirmetert tit* the plaintiff would not do, saying. that if it
Mss to pay for the loss en one side, the defendant
lindeurnify him for the illegal imprisonment on the other.
IPbtlpots--1 am a book-keeper at Birmingham. I know
!pa plaintiff, d was in his company on the 29th ef January lasl
. was walking{n the street at Stourpurt with the plaintiff, he !test-
i:4 returned to that place from London, after being absent for
those years. I saw tho defendant and a man named Tuniris; they
met us, and the defendant told Tur.kis to take the plaintiff into
ceundy, as his own runaway apprentice. Tunkis then collared
Ice plaintiff, who asked what authority he had to take him? on
whith the defendant said lie was his runaway apprentice. The
plaintiff hesitated to go with them, but they took him to the Swan
public-bowie. When they lied got the plaintiff to the Swan, the
defendant ;mid that lie must be kept in safe custody, and the
gasiatiff again demanded their authority. The defendant went
geat, and returned hi about an boar and a lied!. I then wer.t

iveite•
Cross-unearned by Mr. JARVIS—I did cot knew Tenkis to be
am:astable. The Swan is the principal inn in Stourport. They
bee* good sitting-roost and a fire.
Ipseph A bel—l am clerk to the plaintiff's attorney, and I at-
tetMed the magistrates at Kidderminster. The plaintiff was t?keri
titers in euetody. The defendant was there. A warrant was pro-
ds:ad, aed the magistrate (Mr. Lee) said he should not like to in-
urine. as he had not granted the wannint. The plaintiff said that
h> aria ready to make any compensation to the defendant for ab-
s.entSeg himself from hit service, that the initgietrate might
si:rect„ and he asked the defendant if he would agree to that.
100 defendant said he would. The defendant claimed a
'ind a-week. The plaintiff said he was reedy to fly
it ; but I said that the plaintiff WAS entitled to board. wash_
log, and lodging, Led a suit of clothes, under his indentures
emit it appeanng that he was to entitled, the niagituate made a
cad:dation, and fixed the compensation to be paid tor the absence
at jJL, and asked the defendant if he would rec..ive it. The de-
fendsot sa:d he had no objectinn, and the ten pounds were counted
d yen on tile magistrate's table, and the magistrate went away.
ee ddendant, however, said test he would nut accept the money
Lei .se had ell gone to Mr. Bird, lit attorney. We went to bin.,
and the defendant said that he understood an action was to be
burred against him and I told him we bad nothing to do filth
.seamenat that time, bat that en action would be brought against
twm• I ',stun offered the money, but he would r take it unless
Obi Siesta nosed reignite his Uttar.. The plaintiff would not do
uoselme ha went away to the Inn and the constable then said he
wahaia.at keep the plaintiffcustody longer • we then parted.
Umeibla Wettueday foliosrng, any
mw" , oaf. gi was with the parties before another
hair
offered the Mi.! and giLstade what bud passed before Mr.
• g was vow to magistrate sad, that if the de.
dye "1.41, there was as mid of it, 11r.4t,

if rat, he must commit the plaintiff. The-defendant still wanted
to be indemnified agnitist the action. The magistrate said he could
do nothing about the action; and I told the defendant that an
action would be brought against him for the false imprisonment of
theplaintiff. The dcfcrdant thew said he wished it could be done
without, but the plaintiff would not give the undertaking to bring
no action. The defendant made no reply, but took the 101.; and
we also paid the constable and the fees at the magistrate's; that •
amounted to V. Is. immediately after the money was paid, I told
Mr. Bird, 'be defendamet aconsey, that an action would be brought,
and he undertook tooppear.
111 argent If ebahtme. ion of the plaietie—Mt matter is a
widow ; my soma boil been ahem three ea" and returned
home on their ife epeetlive ; I saw him in the custody of the con-
stable en the eastay onalas; the costable said, that the dekad.
Nit hiti olod dial ash air jealatif "sold pay the expenses at the
Swan kit Zbeetapallinalemanie ; and my brother promised
thug paramehmema he wiala not go.to the Black-hole.
'rho . woe yeematiakaLtkin was said.
Zadamiallaill•ullo glidatir dined at my mother's on the
• Me. .I:sawn, foe dr iiefeaame,matoaded, that the cam had been
oemasted ; there was ma amity it tames ; the plaintiff had run
Elelkis htlares tpi he vas talus boo custody for it; and
contshi pea NM
lalat iinegas would tie auffmient,
Illoptie=mbeitig a theafortable sitting room at the
PillegiithilNeLyrra. . wasarned up the evidence, and left it
to **Jury to give to the plaintiff such temperate damages as they
thought right, for that the arrest and imprisonment of the plaintiff
could not be justified.
The Juty having consulted together fur • few minutes, asked
the Learned Judge what verdict would entitle the plaintiff to his
casts ? •
His LORDSHIP said that he thought it not right to tell the Jury
what verdict woad carry casts, as they ought to give such damages
as they thought the plaintiff entitled to, without any regard to the
enoserpsences.
The Jury having deliberated for about ten minutes longer,
found a verdict for the plaintiff—Damages One Pound ; which
tarries costs.
DAVIES gel tam v. BIN T AID OTHERS.
This was an information filed in the Crown Office for penalties
under the Game Laws.
Mr. Jane's, Mr.Tanturom. and Mr. RUSSEL conducted the
informer's Cale; Mr. CURWOOD and Mr. CARRINGTCIN the de.
fendants'.
In this cue a verdict was taken for one penalty by consent, on
an understanding slut the penalty was not to be enforced.
E. LINT v. LAVENDER, T. lIIXT v. LAVENDER, AND W. PITTA
v. LAVENDER.
These were three Special Jury causes to try actions against the
Governor of Worcester gaol for false imprisonment.
Mr. CURWOOD and !tlr. CARRINGTON conducted the plaintiffs'
case ; Mr. Jute's the defendants.
After a conference of the Counsel these cases were compromised,
the defendant paying the costs of all the three actions.
CITY ASSIZES.

Before Mr. Justice LITTLIDALE.
LIBEL.
Devils P. CHALK AHD ANOTHER.
When this case was called on, so many of the Jurors returned in
the panel were challenged by the parties, that it was then ramie
that only nine Jurors remained to try the cause.
Mr. CAMPBELL proposed that those nine Jurors should try the
cause by cannot.
Mr. ft V ISE I. objected to this COW'S!, and proposed that the(fader
Sheriff should name three persons to complete the panel ; but this
was objected to on the part of Mr. Campbell.
Mr. Justice LITTLSDALIC said the cause must stand over till
the next Assizes from want of Jurors.
Mr. RUSSEL then consented that the nine Jurors abottid try tbe
causes and they were accordingly sworn.
Mr. GODSON opened the pleadings, and stated, that this was an
action for a libel, published in the Worcester Herald.
Mr. CAMPBELL stated, that the plaintiff was a respectable young
man, carrying on the business of an ornsmental painter, and who
was employed in the service of Messrs. Anderson and Parry. The
defendants were the proprietors of the Worcester Herald. The
Jury had probably heard, that certain very respectable London pa-
pers contended that they_ had a right to give a fair account of what
occurred at e Police ()thee, but the Worcester papers went much
further, and contended for a right to publish all sorts of false state.
menu of their own invention engrafted on it. It would be recol-
lected that in the month of September 11324, Mr. Graham, the
aeronaut, proposed to ascend from Worcester in his balloon. As a
Walloon bad not ascended from Worcester for a considerable length
of time, it wee a subject of great curiosity, and the plaintiff and his
wife and two children went to see it t they were, however, like
many thousands more, disappointed, for the gas would not inflate
the balloon, and it would not go up. The plaintiff and his fa-
mily were all safe in bed by ten o'clock, but on that night a per.
son named Denby had been guilty of an impropriety of con-
duct ; for, supposing that the lamps of the town had robbed
the lallectsteif its gas, he, out of revenge, put out one of the gas
lights: for this, by the local Police Act of Worcester, he was
liable to a .penalty of 4es. and for this he was taken before the
Mayor, and fired the 41)s. There were two newspapers in Wor-
cester ; and the one which came out that was Berrow's Worcester
Journal; that gave a fair account ; but the editor of the Wor-
cester Herald was not content with this, for he resolved td' tickle
the people of Worcester with eomethinf piyuante with their
breakfasts, and he published this article in his Paper of Satur-
day, Sept. 25, 1W24 t—`• Oa Wednesday two young men, of the
names of Denby and Davis, in the employ of Messrs. Anderson
and Perry, of this city, were brought betbre our City Magis-
trates, charged with assaulting the watchmen, and riotous con-
duct, at about twelve o'clock un the night of Seturday last.
From tbe statement of Hale, the watchman of St. Nicholas. it
appeared that he saw three young ladies of a certain cast- The
watchman desired them to go home, but they very indignantly re-
fused, and said they came from Cheltenham to see the balloon,
and were then amusing themselves by seeing the town. The
watchman, however, took them under his protection, and put two
of them into one watch-box and one into another. While in
durance, the damsels warbled seine plaintive airs, and these young
men wanted to persuade the guardian of the night to release the
joteresting warblers. After a long colloquy, the watchman agreed,
and released the Dulcineas. and Jlr.Danby and Mr. Davis assailed
him, and, in spite of the efforts of his brother Charleys, they suc-
ceeded in rescuing the fair dames, whom they bore off in triumph,
and terminated their night's frolic by putting out all the as lamps
from the Cron to the Tything. This all and singular being made
out to the satisfaction of the elagietrates, and the parties having
nothing to say in their defence, they were find two guineas and the
costa each." If this libel had been read by the plaintiff's wife, she
would have had very lit t le appetite for her rolls and butter that morn.
tog. (A laugh.) But the plaintiff felt that something was due to his
character, and he directed his attorney (Mr. Godson) to bring the
author of the libel tojustice. Mr. Godson met Mr. Chalk, but he.
instead of matting any apology, said, I am the author, and it is all
correct. Howeeer, the secret would come out, for when Mr. Gor-
don hinted at an ;tenon being brought, Mr. Chalk replied, "Any
proceedings of that .sort niake a paprr sell the better. Ne'hat would
his friend Rustic,' say T.—That there was no malice. Ile would
admit that ; the object was to give this paper a sale, and to amuse
the citizens of Worcester : but to do that the defendants injure the
reputation of the plaintiff. The plaintiff did not want damages, all
he wanted was a reparation ef his character.
Mr. Cooper. clerk to Mr. Cempbell, produced a copy at the *lll.
davit of the printer end publisher of the Worcester Herald from
i the Stamp Office ; and Charles Reece proved buying the paper
containing the libel in question.
The libel was read.
Mr. Justice Ist T T MEDAL E reeoMelended a entail compensation
to be given to the plaintiff.
This, !weever, was not acceded to.
Mr. Stephen Gordon: the plaintiff's setorney, proved the conver-
sation opened by Mr. Campbell.
Mr. Rummer.. teethe defendant, contended, that the libel in
quertion was published by the defendant as et journalist, in the fair
discharge of his duty, and not from any malice towards the plaintiff;
and not being a malicious publication, sent int.", the world for the
purpose of injuring the plaintiff's character, the L'efendant would be
entitle:leo a verdict. and that, in fact, no demote :it whatever had
been sustained by the plainer.
Mr. Justice Li TT LED•LE, in charging the Jury, observed, that
thereeras necessity to prove miens malice, but that the Jury
'night, if the publication tended to hurt the reputation of the plain-
tiff, and that it was not incumbent on the plaintiff to prove it
false, but it lay on the defendant to prove that the statements lie
made were true.
The Jury, ester a long deliberation, found a verdict for the
plaintiff, but the Foreman of the Jury staid that they awateied no
damages.
Mr. Justice LITTLYDALE informed them, that if they fleend
for the tslaineffe they meet find sonic damages ; but if they thoup.ht
the plaintiff not entitled to any thing, they should find for the de.•
fendant.
After a few minutes further deliberation, the Jury found a ver-
dict for the plaintiff—Damages, One Farthing.

NORTHERN CIRCUIT.

LANCASHIRE

KCASTER, 3fAeca 7•

This morning, precisely at nine o'clock, the Honourable Mr.
Justice BAYLEY, attended by the High Sherif, proceeded from
the Mansion House to the Castle, escorted by the usual retinue,.
when the names of the Grand Jury were called over by the Clerk of
the Arraigns, who afterwards read the proclamation against vice
and immorality.
His LORDSHIP then chasged the Grand Jury in nearly the
following words:—" Gentlemen of the Grand Jury, I otter you
my congratulation on our meeting here this day; 1 have to
make you an apology for requiring your attendance at this early
hour, but as our time is limited, the urgency of the case will be
my bt excuse. To the business of anise, my beamed Brother
(Mr. Justice Holroyd) will lend his able assistance in the next
Court, in order to assist our endeavours 'o get through the bust-
ries, before us. Gentlemen of the Grand Jury, there art several
; joint charges that will require your particular attention, and I
should be sorry if true bills wee found on evidence that might
rot be afterwards brought home to the prisoners. It is necessary
that the evidence to be produced before you ehould be of that
strung nature as to satiety your minds that the witnesses for the
prosecution were present at the time of the committiag the of-
fences laid to the charge of the respective prisoners ; er so near,
I that they can mate out a clear identity of their persons for your
I aatisfeetron ; and if tbly is rot made out to your =tat sigiarec.

I,