The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-14 00:00:00

WfST TUN ( JECCIT.

HAMPSHIRE ASSIZES, Wmcnrerze. JrLY

Mr. JllltiCe LITTLEDALE allll Mr. Justice CAszl.r.r having
opened the Commission at five o'clock yesterday evening, their
rLorclahips attended divine service at the Cathedral this morning,
when a most excellent and appropriate discourse was delivered by
the Rev. Mr. Ilarrison, one of the Prebendaries of Wit.chestir
Cathedral.

v'fhe two
Judges proceeded to the Cotort.house. Mr. Justice
Littledale presiding in the Civil, and 11Ir, Justice Ganlee in the
Criminal Court.

CIVIL SIDE—TRESPASS.
"route rs AND OTHERS.
Mr. Sergeant IVi,l LDE (with whom was 51r. C. F. Drltelame)
stated the case to t Se Jury. This was an action of trespass. brough
by the plaintiff: evilest the defendants. and the subject of the action
aesn.t c
If his nlisoturiciectoi
ofn. tsh
we
etrncioery.,
the present was a case calculated to excite the feelings of the
anrwealti,va 3
andiotlbe warrantedt'a—keln 1
bacywlataliteehrfCschtgas"dwhich would be given in evidence,
Jury in no common or ordinary degree. The plaintiff had
formerly resided in Demers-street, London, and at that time
exercised the profession of a surgeon ; but failing, and Lying
become unsuccessful in his busines., he, in consequence, was
rendered unable to support his family as he had done formerly
and his wife, a woman of excellent education, proposed to establish
a boarding school for young ladies; in that way, hoping to secure
for le:itself and family the means ore reputable and competent sub.
sistence. In consequence of this determination she consulted with
, her friends, some of a hom consented to advance a sum of 2501. or
thereabouts, for the purpose of enabling her to carry her resolution
into effect. It was further determined that Mrs. Tacker should,
with the sum specified, endeavour to purchase the good-will of a
school from which the proprietor was about to retire, and in that
'manner avoid the hazard and uncertainty attendant upon the este_
. biiehment of a new school for herself. The next step etas was
taken in consequence of this determination was, to purchase the
property and good-will of a ladies' school at Alton, in Hampshire.
This was effected. and 2001. of the money advanced to Mrs. Tucker
expended in the purchase. The remainder was appropriated to the
immediate arrangement.; neceesary to enable her to put the house
in order, et) as to make it more fit fur such an esenblishinent. Mrs.
Tucker's dealings with the defendant, who was nn upholsterer, in
tine county, now commenced by the former purchasing from him
goods and furniture to a considerable amount; in part payment for
which lie received a sum of 401. After those arrangements
hail been completed the school was opened, and continued for some
time; but it was alletwards determined that Mrs. Tucker should
remove nearer London, as the greater part of her connexions mid.
ed in that part, and it was thought some advantage might result
from her more immediate neighbourhood to them. What was the
conseimence of this determination ? No sooner was the defendant,
Ale Wright, apprieed of her intention then he came down to the
plaintiff's residence. and by force, and without form of law, seized
upon the goods which he had previously sold, and for which he was
in part paid. This step was taken by the defendant previous to
the artivel of the time when the remaining purchase money fell
due, so that he possessed no legal claim upon the property. The
manner in which this illegal act was committed was by no means
such as to atone for its impropriety, for the defendant made use of
the most scandalous violence, indulging in opprobrious and Melt.
ing language, meant to convey insinuations against the conduct and
character of Mrs. Tucker, which were wholly unfounded. Ha
took the beds from under Mrs. Tucker's pupils, and would not be
restrained from enterlag the rooms for that purpose, although repeat-
edly informed the ladies were not dressed. Under these circum-
stances of unjustifiable violence, he trusted the jury would mark
their sense of the illegal conduct of the defendant, by granting
the plaintiff such damages as would afford a compensation for theout-
rage she had suffered, end meet the justice of the case. Ilia client
had been grievously injured by the conduct of the defendant, in
being thus driven front a respectable occupation, and deprived of
the means of obtaining probable comfort and independence; and
her case was die more deeerr!ng of compassion, as she had been, by
unavoidable misfortunes, deprived of the support and assicance of
her natural protector, and compelled to rely upon the exercise of
her own talents and industry tor the means of subsistence. Iler
prospects were now cruelly blighted by the conduct of the defend-
ant ; she Was deprived of the money contributed by her friends to
enable lice to obtain a livelihood; and the only reparation that re-
mained fur her was in the hands of a jury of her country.
The plaintiff's housemaid then deposed to the circumstances at-
tendant on the trespass. It appeared by her evidence, and that of
a fellow-servant, that the defendant had taken the opportunity of
obtaining an entrance into the house at an early hour, and carried
off the goods and furniture, assisted by the other defendants. Mrs.
'fucker entreated him to desist ; she told him he would ruin her
by the steps lie had adopted, but he refused to listen to her. On
defendant te attetnpting to go up stairs to the bed-chambers in the
eloper part of the house, their mistress begged of him not to enter
the apartments of her pupils., who Were not up. Defendant called
her a swiedier, and by another and more opprobrious title, and per-
sisted in going up. Ile entered the bed-chambers of the young
ladies, anti carried off the belle on which they had been lying. This
produced an immensity of inconvenience, and the young ladies
were compelled to sleep four or five of them together in come.
quence ; and some of the family had to sleep on the floor. The
house was completely stripped of furniture.
A young lady, who had acted as teacher in the school, corrobo-
rated the evidence of the last witness, and spoke to the injury MIS.
tamed by Mrs. Tucker in consequence of the seizure.
On her cross-examination she admitted the number of pupils had
been diminishing before the trespass; and thatrt of the furniture
was pecked up at the time of the seizure, as if for removal.
Two of the ;pertains who had relatives at Mrs. Tucker's school
deposed, they had removed them in consequence of the seizure,
and being given to understand she had broken up her establish-
ment.
Mr. E. LAWE9 addressed the Jury for the defence, and sub.
mitred that there appeased evident indications of a fraudnient
intention in the conduct of Mrs. Tucker throughout the whole of
these transactions; and mere particularly inasmuch as she had ob.
tained goods and furniture from tradesmen (his client araong others)
without possessing any apparent method of raying for them. The
Learned Sergeant had attempted to interest the feelings of the
Jury ; but he appealed to them as tradesmen to discountenance all
similar tratsactions by their verdict on the present occasion. At
the period when Mrs. Tucker took the house at Alton, and set on
foot the school, partly by means; of the property et the defendant,
her husband was confined within the walls of the King's Bench for
debt, after having been already twice discharged from the Insol.
vents' Court. Under such circumstances it was quite impossible the
furniture could ever heve been paid fur, and his clienefelt naturally
anxious to escape the loss likely to be incurred by plaintiff's insol-
vency. The manner in which it had been attempted to dispose of the
furniture was another proof of a frandulent intention on the part of
the plaintiff: The goods were found, at least a considerable part of
them, packed up ready to be conveyed away, at least that was the ?vi-
olent conclusion which a Jury would come to from the circumstances.
His client had merely endeavoured to regain possession of his
goods, an expedient never retorted to by a tradesman, except
tinder the apprehension of their toed loss Ile put it to the Jury,
wheth•r the conduct of the defendant had not been natural and
justifiable, believing, as he did, that he was the victim of a pre-
concerted plan to defraud him of his property. The plaintiff com-
plained of harsh and severe conduct on the part of his client,
aiel had put it nut of his power to rebut the charge, by making
the individuals who accompanied him, on the occasion of' Ilia going
to Mrs. Tucker's residence, parties fa the present ease. This
was certainly a very clever stroke of policy in the plaintiff or his
advisers, but lie denied the charge of indecorum and ssrerity en-
tirely. The Learned Counsel finally submitted, that the plaintiff
had not made out such an interest in the house as would enable him
to maintain the present action.
The Coun'e overruled the objection.
The defendant's attorney gave evidence as to the absence of
violenec on the occasion of the seizure.
Some documentary evidence was put in relative to the period of
plaintiff's discharge from the Insolvettts' Court, and the agrceu:e:.t
under which he held possession of defendant's house.
Mr. !Sergeant WILDE, in reply, said that he had not stated
plaintiff to be in good circumstances during the treaty for the esta-
blishment at Alton, or Mrs. Tucker's continuance there. The
contrary was the fart, and the occasion of Mrs. Tucker's setting up
the school; ant! so he had stated it to the Jury in the commence-
ment. His Learned Friend had said he attempted to influence the
minds of the Jury, and he had to complain of the conduct of his
Learned Friend himself on the seine account, for he attempted to
convey to the minds Gf the Jury that Mrs. Tucker was engaged in
an attempt to swindle the defendant out of his property. The de-
feece attempted to be set up was a sufficient illustration of what the
conduct of the defendant must have been, and an aggravation of his
previous offence. The conduct of Mrs. Tucker had been honours.
the throughout, and such as did her infinite credit. He trusted the
Jury would give his client such damages ate would meet the justice
of the case, and afford some recompense for the injury sustained in
her character, t roperty. and prospects.
11Ir. Justice LITT LEDALE cherged the Jury. who, after a short
deliberation, found for the plaintiff—Damagei:lool.