The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-07 00:00:00

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HOME CIRCUIT.

PINN•W.

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him the inside oldie wetelffiewse, that would Delve the diMcwl;v of
lie mein' being so late. Tbe greet point to be considered was how
the effiiis began t mid be pat it to them, whether the account given
by the witness Pollard was true. Ile should call a witness of the
name of Monk a city officer of a rank suprria to either of the
others, and be weuld prove that the plaintiff was intoxicated, and
some repeatedly lassothe Tohey„ where the officers were, and made
a great .li/turbans% mid was repeatedly turned out ; and, at 1-ngth,
as be.srould not go bane, the officers took him to the watchbouse,
as *bsy fairly intAt de. Ilia wimesses would prove that the plain-
tiff lips thank. Tb. witnesses on the other tide had given different
accounts ow that intbaiet, which was not serptising, as different
per. a bad arming Ideas of drunk and sober—surne persons not
thisshing a man (busk as hug se be was able tolie in bed without
holdfpg, by the bed-posts • while others thought him drunk when
estniaao larger able to stead; sod it was clear that the plaintiff
inatliteensideralde maisestoes, bemuse it appeared that the defend-
nate 'Pe nearly half ma hoar taking the plaint 'lra distance of four
Iraadget) pullet and also because it appeared from several of the
wssionee, that the mei were knocked down iti the street t and they
had it in -proof that the plaintiff's own friend recommended him to
say brews' sorry few what bad happened, and that he (injured as he
SION POTIOOdO4 to be) agreed to that arrangement. And it should
be recollected too, that both the plaintiff and his friend were attor-
neys' clerks. And he should prove that the plaintiff went in again
berme the Magistrate, and said it was all settled ; anti on the
whale cane be would contend, that, upon the whole of the facts,
the mamas were jestilled in whet they had done.
J )
. Marsh said-1 am a police-officer of the city of Gloucester.
The ;obey is the plats whom the night-watch assemble. The de.
fenlikk•Beenet was on duty ; Cooke was these, and some other
etk I. saw the witness Pollard : this was at about half-past
tea tielerA 4 Pollard was rather fresh in liquor; be asked for gin.
la a few minutes the pisintiff came in, and said, " Pollard, are you
Zang bopae ?" and he replied, " 1 am coining presently," and Ben-
nes,, ape of the defendants, told the plaintiff be had no business
them, and the plaintiff mid, " there are others here, ands I will
stop," and Beiges then turned him mt. I then went out to him,
and lidd Men he had better go home, for that Bennett being officer
Of tajtight ha could have whom be chose in the room. The
plaintiff' then want again to the door, and Bennett told him he
aborMatel stab and turned him out again, but he forced his way
hschtedid was cycled. I west out and again advised him to go
homy Ithen bade him good night, and was myself going home.,
vhelf, I- bead a Min. apd on turning round I saw thelaintiff
ticking the door ; I saw no more and went home. I was there foe
thregaskibm minutes, and Pollard must have Kett rne.
Gloss-evareined b,y Mr. TAUNTON ..---1 did not see the gin-
bottiewael glasses; I did not ass any person in the street; the
liehpiestoviolsim, but, though an osev I did not turn bask;
e Penned was thank, I. thick Cooler was sober, the other
dr= was (bunk.
hk-, HAM Hooper Wilton said—l tun deputy town-clerk of
Mimi:ester; the defendants are eity-officers; I was before the
Mayne whoa the plaintiff was brought up ; several of the officers
e ere diem; &complaint was made by the officers against the plain-
ti rffir assaulting them, disturbing the watch, and making a noise
In the,Tohey. The Mayor suggested that they had better com-
post* the matter, for, if they did not, the plaintiff must find bail
lot thosessioes. The plaintiff and the officers went out of the
imotO, end on their return one of the officers then said that the mat-
ter was seeded; that they did not wish to press it. and they had
shekaa bands; the lllayor then discharged -the complaint. The
plaiatiff said he was obliged to the Mayor, and sorry for what had
emitted.

Cross-examined—l am attorney for the defendants ; Bennett
was not repriroandod for being drunk, nor any fault found with the
officers; no one had given any evidence when the Mayor said that
the plaintiff must hod bail ; there are six or seven resident magis-
trate, in Gloucester.
Sir William Guise, Ban. said—l was Mayor of Gloucester at
the time in question ; the plaintiff was brought before me; but the
stay before that, the officers had come to me ; but having some
particular business, I could not attend to the case ; the plaintiff
wisbrought berme me the next day, and I advised a compromise,
sod ihe plaintiff having apologised, 1 dismissed the case.
C.ettaa-examined--W hen I told the officers I was busy, I told
them to go to one of my brother magistrates.
littt:ha Jeffs said-4 ant the wife of the watchhouse-keeper; I
eruct:bet the plaintiff being brought in ; he appeared in .iquor
1 locked him up; my husband went to the magistrates to know
when the plainettlabould be brought op; but my btritasol came
back. and said that he must remain locked up till Fr:• I, as Sir
al'illiaus Guise did not mean to hear any cases, except on Wed-
nesdays and Fridays.
Geosit-examined—Felons in custody are put in our place, and
vagrants, but the vagrants do nut pars the night in the lock-up-
house, they are generally too dirty, and we take lodgings for them,
*min the town ; there was a blind man there the night the plain-
sis was in ; but I don't know that be was not a vagrant, but only
a beggar.
A Mr. TUNTON replied.
Me. Baron Gawnow, in charging the Jury, observed, that there
was no pretence for saying that the defendants were justified in
watt they had done; they, instead of attending to their duties,
ard.peeserviog the peace of the town, were sociably amusing them.
ae.taws with some glasses and a gin bottle; and while they were so
engaged the plaintiff came in to speak to a person who was there,
ael though they might have had a good right, if they were so
mit:del, to have turned him out, yet instead of that he was taken
to the watchhouse, and had the choice of sleepin- on the bare
boards, or of enjoying the repose of a watchhouse bed in common
waft the other living creatures which were in it. lie preferred, as it
sacred, the former, and it could hardly be said that he was wrong.
la this place the plaintiff remained for two nights and a day; and
he did hope, that such new regulations would be introduced into
the management of the police of so large a town, as would in
hears prevent any person from being locked up in such a place as
this forty° nights without being examined. But for all this, as
it was consequent on the wrongful act of the defendants, they were
answerable for it; but at the came time they ought not to visit
themtoo severely, as there was some little blame attaching to the
p:itintiff, far if he had rot taken a little refreshment (as his friend
oad said) to rescusitate nature, in all probability this affair would
cover have happened. But the plaintiff was no doubt entitled to
recover a full compensatinn for the . injury he had received ; but
evil it ehould be recollected, that when before the Magistrate the
.piteintiff did not appear to set a great price on his swags; how_
they were bound to give the p'aintift'a verdict, with such
oagieges as they thought he was fairly entitled to.
Verdict for the plaintiff: Damages 101.

ILENT ASSIZES, MAIDSTONE, TUESDAY, APRIL S.

Bdbra at LORD CHIRP BARON and a Special Jury.
TEE LINO OW THE PROSECUTION OF LORD liAEBOROUGH V.

Mr. Sergeant TADDIr stated the case for the prosecution. He
=id that the question which tie submitted to the Jury, was im-
postaist. not tidy to the. prosecutes(the Earl of Harborough),
bus to the public In generaL Tabs case was that of every subject
',MU hod any regard for their liberty. The facts were shortly
teeeet--.on the 2,3 th of Augur., 11123, the Noble Lord entered
ea boards vessel at Esnisgre., with the view of reaching Dover
test evening. He arrived there late at right ; and as the tide had
ebbed he could not enter the harhour. He landed just below it at
aA4rsee called the Knowles about balf.past eleven at night.--
be had debarked he walked towards the York Hotel, but
ceLaia way thither was stopped by the defendant, who was a Ite-
mise la die Preventive Service. This person insisted on 'catching
higs ; his Lordship asked what authority he possessed tor tier.
aslisi this power. The only answer made to this request was.
r3lOll Lerdshin must not proceed farther. This, however, his
Lerdehdp refused to do, as no authority had been produced. The
Man then drew his cutlass, and in a menacing attitude said, " By
Ole Holy Ghost, if you don't atop I'll cut you down." His Lord-
efip renionatrated egainst this flagitious conduct, and declared that
If mamas carried his threat into execution, he would be guilty of
ittard.q. This, however, had no riled upon him ; for on his
Lorslihip's attempting to proceed to the hotel, the seaman drew
fools a pistol mid threatened to blow his bribes out. Lord Hare
tectopsh thought it proper for his safety to apply for the assistance
if the crew in the vessel which he had left, and two of them were
aexmlit gly oellal. Hem while the defendant fired the pistol ; and
at Ibis acted as a signal to the seamen stationed at other pans of the
CoileA, the Lieutenant came to the spot. The defendant afterwards
w: pew, and his Lordship proceeded to the York Hotel. The
Learned Sergeant submitted that the proceeding ote the part of
.'imiew wan (pike illegal. Ile had no right to searcher to use violence
tS,rarde e•• andivtdui.l who peaceably landed at the beach. Even
I. the detention wee legal, the use of the sword and pistol gas an
i -:tirgenient on the liberty of the subject The Navy ought rot I
sen: perverted to the purposes whirl: acre employed by the dee
!Adapt against the prosecutor.
JArd Ilarbarough examined—l I.inded at Knowles. A person
ca,e,up se me eed said, he must search my person. He asked me
...ecr: I T.III going? I answered, about my business. He then ,
✓oost. before me ; I refused to be detained, mans lie showed me hie i
authority. He said that he acted by his officer's orders. lie had a.l
plst4lm;Ll et raids's. He showed the pistol that, and presented P.
t) r,e, The defendant said I should not proceed f rwards • he
kep;,wakkiog before me, and declared repeatedly that I ehould. not
paisejgto. and made use of several oaths. Wh:e I,e fired his pistol
as a steel, I said to him 1 shall go now ; he repti.ei, by the /Joey
G.;:ezt, if you attempt to move I'll cut yne dawn. I often salt
bra eteine, but he 3-dosed to give it. 1 tas deteitsed at least a
et ugzer, of an hour.
facet-examined —I could, not get into the harbour. I had a
saller's dress on that evening, mid looked like a seaman. J we.
*MI the defendant tobo a seaman of the Preventive Service. I
c 4 ntfrf hill my name to hire. I bad nothing in my boots that
emiet let called contraband or ille.!eal.
Mr.. SqrgeSnl ()warmer, for the d;:fe:,dant, conterded. that as
Loll garborough bad concealed his name, rank, or business. the
Icier was justified in the Pepe which he had tsken. If his
leedaltip had presented hiinecif in a questionable shape, in that
qu',zlonsble shape he must be treated. The Learned Sergeatit I
eat et
..400k;ernnt Smith, who commanded the seamen of the Preventive
'res.e ; he deposed, that on the menial above alluded to he was
rc),— at mi,leight hi the report of a pistol On repairing to
t.. i 'elide,: he foul Lord Lim borough. His Lordship itinuee
44
. -_cat „..,.., eet.d him, and said, "Hr. Smith, here I am again
‘,l4"er&and Ma:tilted by, one or your d ---d reseals." Witness
is :76,'..4Afu1, terry to eee at; for We so;e purpose of jour Lordship
t.,,..Nlii'vi:' /ance to ate and my men : but if you ere insulted,
sea ,4, "6 'welshed." His Lordship eephed. "The d--,d
Imo 9 ray to ri al!,* me to proceed to my altel," It wat. wit.
'Tett PerlOgirbolandNl p beach at night.

Bit Lordship was in a sailor's dregs. On the morning of the
24th of August witness's men had a contest with several smugglers,
shout 30Q or 400 yards from the Knot. lea.
The Loan Cuter BARON, in summing up, mid, he was not
apprised of the Act on which the right of searching every person,
' whether male or female, who came over from the Continent, was
founded, to ascertain whether contraband goods had been concealed
on :heir persons. He left it to the Jury to decide whether the facts
of the case justified the conduct of the defendant. •
The Jury dtltberatel for a few min...es in the box, when one of
their number addressed the Court—" We are cf opinion (said he),
that Lord Ilarberough was not engaged in smuggling, but that he
landed under suth circumstances as justidef.e suspicion of his
being engaged in smuggling."
A desultory conversation ensued between the Bar and the Bench,
as to the shape in which the point of law, involved in the case,
could be proposed to the Court of King's B:neh; when hie Lord-
ship, turning to the Jury, said—" Gentlemen, I think Mei best
mune of mending—that which will do justice between the
parties_ie, that you should bring in a verdict of guilty, with
liberty to them to turn it into a special verdict: and that you
should declare in terms of the justification which you have already
declared."
Some of the Jury having expressed their doubts of this course of
proceeding, they withdrew; and after an absence of • few
mites, acceded to the verdict proposed by the Court, with a slight
variation in the phramology of it.
The important point of law still remains to be decided in the
Court of king's Bench.

THE RING V. PHILIP GRAHAN, ESQ.
This was an indictment against the defendant, a Lieutenant of
his Alakety'sby ship Ramilies, for provoking Lord Harborough to
fight a duel, leaning hie card, and demanding satisfaction.
The second count charged the defendant with saying, " I have I
challenged the d—d coward a second time, but he bas refused to
meet me, laying the intent ea in the first count.
The same Cannel were retained in ttis as in the last case. This
was pert of the same transaction.
Mr. Sergeant Taunt. stated the case. The prosecutor having
sent to the defendant to know the name of the defendant in the last
cue, the answer sent was, that Lord Ilarborough must come to
the defendant. On his way he. was informed that the defendant
was searching his vessel. He went to the vessel and found that the
fact was se, but nothing was found that could justify suspicion.
Lord Harborough asked by what authority his vessel was searched.
The defendant refused to show it at first, bet at last produced his
deputation. Lord Harbotough having expressed some doubt of
its authenticity the defendant produced his card, with what intent
it was for the Jury to determine. On the part of the prosecution
it was alleged that the intent was to give a challenge. The de-
fendant said he waswillinpt to give Lord liarborough the satis-
faction of a gentleman. 'I he defendant's own account of the trans.
action afterwards was, " I chalisnged that d—d coward to fight,
but he has refused." From the evidence which would be adduced,
there could be no doubt that the defendant intended to provoke the
Noble Lord to fight him.
Evidence was called to prove the facts as stated.
Air. Sergeant Onstow addressed the Jury in defence.
The Lonn CHIEF BARON summed up the evidence, and the
Jury found the defendant Guilty.