The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-09 00:00:00

ROME CIRCUIT.

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KENT ASSIZES, aIAIDIITONZ, THURSDAY,. AWOL 7.

Before the LOUD CHIEF BATON and a Special ~I1t7•

POOLLY V. PY111:1.
This was an action for maliciously, and without any reasonable
or probable cause. suing out two several Commissions of tiallk, alit
against the pl..intift:
The plaintiff's ease was conducted by Mr. Mastrvavv,
Comvx, Mr. ADOLPHUS, and Mr. RYLAVD; anJ the de-
fmdant's by Mr. GURYEY, Mr. Sergeant Tanor, and Mr.
CHITTY.

The leading features were theft :—The parties respectively car-
ried on the businesa of coal, corn, and timber merchants, and OCC4I
pled premises near to each other. The plaintiff had been longer
established in business than the defendant. It was allege/ that the
defendant, envying the plaintiff's prosperity, resolved, by suing
out an unfounded commission of bankrupt, to effect his ruin, in the
expectation that he should acquire the plaintiff"s business and con-
nection. In the latter part of 1023 there had Leen sonic dealing
between them for timber, and the plaintiff became indebted to the
defendant to the amount of 1401.. for which a bill of exchange st
four months was given. Before the bill became due, the eerendaat,
in pursuance of his alleged malicious design of ruining the plaintiff,
sued out a commission of bankrupt, but it appearing upon inquiry
that the defendant had discounted the Lill with his barkers, siud
that it was not in feet in his possession at the time the docket was
struck, the commission wan superseded. In order to get rid of the
difficulty respecting the petitioning creditor's debt, this dilendant
redeemed the bill of exchange from the heads of his barkers, and
then sued out a second cominisnion on the same debt. although
the bill had not then arrived at maturity. Under this second cant-
mission the messenger came down to Alaidatone, seised all
the plaintiff's effects, and put a cocoplete stop to his bust-
nese, which at that time appeared to be in a thriving condi-
tion. The consequences were most serious an they of his
aedit and connection. In consequence of the warm remob.
'trances of the plaiatiff's friends, who assured the defendant
that he was in perfect solvent circumstances, and that there was
no pretence for making hie.i a bankrupt, it was speed that this
cononinsion should be superseded, but not in time to prevent the
mischief and injury of which the phiintiff now complained. The
plaintiff had been put to considerable expense, in superseding both
commissions, and proved an actual disbursement of more than
400/. in contesting the muceedings. Under these circutestiteca
the action was brought. In order to sustain the two material
allegations of malice, and want of probable cause, a considerable
body of evidence was given as to both respectively. Proof test
given, that the defendant, prior to the suing out of the first com-
mission, had expressed great envy of the plaintiff's prospetity, and
was desirous of gaining an insight into his trade and ccanectioes ;
and that after the failure of the first commission, and upon the
issuing of the second, he had declared a malignant satisfaction,
and used such expressions as these, " d—n the fellow, I have
fixed him now, and will stick to him," &c. It was proved that no
less than five tenders or offers to pay the bill, before it was due,
were made, but refused by the defendant, although on one of the
occasions the money was counted ont at bin own request. From
the nature of the plaintiff's trade he wan frequently absent front
Illaidstone, and in his absence, his business was managed by his
wife, who was represented to be an extremely active and intelligent
woman, and more conversant with accounts than her husband.
About the dine when the commissions were sued out, the plaintiff
was from home for • period of several weeks. It was proved
that this was occasioned by a trip to Ipswich and London, on busi-
ness, and to li-ales to attend his mother's death bed. Every day
of that period was accounted for, and it was shown that his absence
did not arise from any embarrassment in bits circumstances, or • de-
sire to avoid his creditors. When in London, he was deify seen on
the Corn Exchange, and at the Inn, in the Borough, frequented
by the Maidstone people. Evidence was also given, that at the
very time when the commissions were sued out, he was in perfectly
solvent circumstances, and was worth 8,0001. or 0,0001. in property,
real and personal.
On the part of the defendant the case was that the plaintiff hay.
ing left his home at the period above-mentioned, rumours became
prevalent that he had gone away to avoid his creditors ; and that
the defendant really and honestly believing the rumours to be
true, had sued out commissions merely to secure his debt ; that he
inquired of the plaintiff's wife whether he would return ; and gave
notice that if he did not return within a reasonable time lie must
strike a docket. It was proved that on the Bth of December he had
an interview with Mrs. Foully and a gentleman named Carter, a
mutual friend, and then promised that if she would undertake for
her husband's appearance be would send to town and stop the
striking of the second docket, for which he had given instructions.
That, in consequerce of this arrangement, he went up to town next
morning for that purpose, but arrived just five minutes too late,
the docket having been struck. Several discarded servants of the
plaintiff' were called to prove filet their master's horses were starved,
and that he could not get credit for corn to feed diem. One of
these persons had been in the defendant's service ever since the
bankruptcy. Other persona, many of them common labourers,
gave it as their opinion that the plaintiff had no occasion to be sib.
net at Ipswich or in London on business, inasmuch as he did not
appear to have any business to do. Two or three dishonoured bills
of exchange were produced, for the purpose of showing that the
plaintiff was in embarrassed circumstances, and not able to pay his
way. Upon one of them it appeared that the plaintiff dinpeted his
liability, and it turned out that they were all, in point of fact,
afterwards paid.
Evidence was given in reply, that the plaintiff might have had,
credit for corn from several respectable cornchandlers in Maidstone,
and that the delay in taking up the bills abovneentioned did not
arise from insolvency.
The Jury, after retiring for about twenty minutes, found their
verdict for the plaintiff—Damages, 6001.
When the verdict was announced, a burst of applause resounded
ftom every part of the Court.

OLD BAILEY SESSIONS, Aran. a

OLD COURT.

Frederick Morgan, ag;ll7,atiiiiir,was indicted for stealing
four yards of woollen cloth, the property of George Blunt.
The pripper, it appeared, entered the shop of the prcsecutor
between thehours of seven and eight on the 2thit of February, and
carried off the cloth; but upon being seen and pursued by the •p-
-prent`tcc of Blunt, stopped in a door-way a short distance from the
house where he was taken, with the cloth concealed under ills
coat, one end hanging down upon the ground.
The prisoner, in his defence, asserted that he was merely passing
on his way to the house of a friend, and that he picket: up the
cloth, which had been dropped by a man running away, when the
cry of " stop thief" was raised.
The street-keeper negatived this defence, by swearing that he
bad full twenty minutes before seen the prisoner lurking about the
plate, and warned him to be gone.
Elr. Justice Paux summed up, and informed the Jury that theft
could be no doubt the value of the cloth was much above 40s.

The Jury immediately found the prisoner Gailty.
The prosecutor recommended the prisoner to mercy.
Mr. Justice Padix inquired on what grounds.
The prosecutor replied, that he had heard the prisoner's father
was an honest and industrious man, and that the prisoner had
hitherto borne a good character.
Mr. Justice Panic said he would take a note of the recommends^
don, which was evidently dictated by the kindest intention.