The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-02 00:00:00

COURT OF COMMON PLEAS, WESTMINSTER, Fxs.

wicks V. CLUTV ?AMUCK.
This was an action for false imprisonment, brought by the plain-
tiff, a retired tradesman, against the defendant, a 'magistrate of the
County of Hertford. The cause was tried before Mr. Baron Ora.
ham, and the Jury found a verdict for the plaintiff--damages, 351.
Mr. Sergeant Teddy had last Term obtained a rule to show cause
why a new trial should not be had. On Wednesday last Sir.
Sergeant Vaughan showed cause against the rule being made ab-
solute.
Mr. LawEs this day followed on the same side; he con-
tended, that no more than the justice of the case was met in the
verdict of the Jury ; and that it was ridiculous for a magistrate,
after having committed an mar is the commitment, to be able to
shelter himself by his own conviction. He also contended, that if
this rule were made absolute, it would protect the greatest oppres-
sion, and sanction the greatest violence.
Mr. Sergeant Caoss (for the defendant) said, this was an action
of the highest importance to that beneficial and important class of
his Majesty's subjects--the magistrates. No gentleman would
have the Folly to undertake the execution of the office of justice of
the peace, if he should be liable to such an action as this. Here
was a complaint brought against a justice of the peace for an error
in judgment; the fact was, the defendant thought the place in
question to be enclosed, whereas it was the opinion of the Justice
of Assize that it was not enclosed, and the Jury, for this error in
judgment (to which every one was liable) adjudged him to pay da-
' mages to seven times the amount of his own penalty. It would he
just as reasonable, said the Learned Serjeant, if the defendant was
to bring his action against the Jury. Ile further contended, that
the defendant had only done his duty, as he had the solid founds-
' don of the conviction to stand upon; and that, if a magistrate did
happen to issue an imperfect warrant, he had u right to supply it
by evidence in the course of the action. 'rho learned Sergeant
then alluded to Brace's cue, in which it was determined, in the
Court of King's Bench, that such verbal slips should not be
brought against a magistrate. Their Lordships could have no
doubt that such cause of action occurred every day, yet there was
not one inatauce of an action succeeding against a meg:strata; he
(51r. Sergeant Cross) therefore hoped their Lordships would make
the rule absolute.
The Cut EV JUST f CE said It had been truly observed, that this
was a care of the utmost importance. He was satisfied that the
Magistracy would not feel that degree of alarm mentioned by his
Learned Brother, for those who had the knowledge to act would have
enough love of their country boldly to perform their duty. Though
the Magistnttes must be respected, yet the liberty of the subject
must be preserved. If they (the Magistrates) made a mistake,
they must make reparation to the party injured; and although he
might not have been imured in person, yet he couldimagine that a
man, after having been kept In confinement foe seven days in a pri-
son, might feel lkaself aggrieved to salt fur dunagell

at the hands of a Jury of his country. This had been put as a
technical objection, but he (the Chief Justice) did not see it in that
light. Magistrates must not protect themselves from an error of
their own by an act of their own. His opinion was founded in this
case upon a defect in the warrant of commitment. In this very
country there hed lately occurred an instance in which such an irre•
gularity had led to the loss of the life of an innocent man. The
question here was not one of error, but that a subject had lost his
l'berty for seven days. His Lordship concluded by raying, that he
thought the verdict ought not to be disturbed.'
The rest of the Ber.ch concurred in opinion with his Lordship.
Rule discharged.

POLICE.
BOW-STREET.
Yesterday James Mallard, a horse-dealer, was brought before
Mr. HALLO, charged with melding a pony, the property of Mr.
Laban, a livery-stable-keeper, at Chelsea.
The prisoner was remanded for further examination.
Information was given at this office of a daring burglary, corn.
mined between three and five o'clock on Monday morning, at the
house of a gentleman of the name of (farrow. 102, Piccadill►. The
thieves effected an entrance by cutting, with a centre-bit, a square
piece out of the shutter or the butler's pantry window, and loosen.
ing the bolts. They doubtless expected to find the plate there, but
it was fortunately in a place of greater security. They broke into
the wine-cellar, where they regaled themselves with wine, and took
a silver strainer. They next proceeded to ransack the offices cn the
ground-floor, breaking open every cupboard and other place of de.
posit, but they found nothing of value. They were more success-
ful in the drawing-room, where they broke open an escritoire, and
took a ruby ring, valued at 80 guineas, a pair of gold-mounted
spectacles, and a quantity of jewellery and trinkets. They at
length found their way to Mr. °arrow's bed-room, who, awakened
by the MAIM of the door cpening, called out, " Who's there ?" and
leaped out of bed. The fellows, at the sound of his voice, scam-
pered down stairs, and he followed as quickly as he could, deter-
mined to seize one of them at least, but they made their escape by
the street-door, leaving a crow-bar and other implements used by
housebreakers, in the passage. Mr. Darrow thinks there were
three persons at least.

WORSHIP-STREET.
Yesterday Clarks Barron, Wm. Sinficld, Charles Cannery,
and Maria Sheldrake, were brought before Mr. OsnottstE, from
the Spitalfields watchhouse, on the following charge:—
The watchhouse-keeper stated, that about ten o'clock he wu
called to a house in Bird-street, to assist in taking the prisoners
into custody, who were suspected of haying stolen some fowls.
On his arrival he found the four prisoners together, in the only
room that was occupied, and in a box he found the four fowls now
produced, coveted over with logwood shavings. The room, in
which there was neither bed, chair, nor table, was tenanted by the
female prisoner, the gentlemen being only her friends and visitors.
A person living In Hare-street, Bethnal-green, claimed one of
the fowls as her property, saying, that on Sunday morning she
discovered four of her fowls had been stolen; and the heads of two
others' which had been twisted off, were left in the yard. The
robbery, she said, was supposed to have been effected about one
o'clock, as the fowls were heard making a noise at that time.
A female, occupying the next house to the last witness, identi-
fied a hammer, found in the room with the prisoners, as having
been stolen from a shed at the back of her house. The shed was
not fastened, the door being generally left open.
An apron belonging to one of the prisoners was also produced,
with several marks of blood upon it.
The prisoners did not attempt to account for their possession of
the fowls, and were remanded for further examination on a future
day.
As the parties were leaving the office, a female entered in breath-
less haste, she having just learned that the prisoners were in
custody for fowl-stealing. She instantly recognised two old ac-
quaintances in two of the fowls, which she said wore stolen from
her premises on Sunday night, about nine o'clock.
- -

- • - -
BLUNDER Or A PARISH-0/FICER.—A young man, of the
name of Losggate, was brought before 51r. OSBORNE, the Ma.
gistrate, by Thomas Court, a headborough, belonging to Bethnal.
green, upon a charge of having, under false pretences, obtained
from William Heath live sovereigns.
It appeared the prisoner had been until September last a writing
clerk to one of the Commissioners, and on last Thursday he went
to a man of the name of Cooke, in Bethnal-green, at whose house
Heath lodges, and he then asked Cooke (who had some previous
knowledge of hint) if he wanted any silk, adding, that lie was an
agent to a silk-broker, and was enabled thereby to obtain him a
good bargain. Cooke declined purchasing of ham, hut called down
William Heath. A sample was then produced, the quality of
which pleased very well, but the price asked pleased much better.
He then stated that the silk had been in pawn for a few pounds,
but if they would meet him that evening, at the Goose and Grid-
iron, St. Paul's, with as much money as they could raise, he
would redeem the silk, and allow them in payment the sum they
advanced. They accordingly met, and Heath gave him five sore.
reigns—the prisoner got the money, and went for the silk, but he
forgot to return. Cooke and Heath then discovered where he re-
sided ; and then left word that if he would call on them the busi-
ness might be accommodated between them. In • few days after.
wards the prisoner called at their residence, when the officer was
sent for, and took him into custody. The prisoner having two
sovereigns upon him, presented them to Heath, who refused to take
them—he then sent to a friend to borrow three more—it was, how-
ever, so settled, that the officer received the money, aud gave a
receipt upon a twopenny stamp as follows :
" Received from Longgate, the sum of two pounds. for
Wm. Heath, on account Thomas Court."
After the receipt of the two pounds, and the balance not being
forthcoming, he was then given in charge to the officer.
The prisoner maintained that he merely borrowed the money,
and theu produced the receipt.
Mr. OsaoarE asked who signed the receipt.
Officer—l did, in the presence of Mr. Heath.
Mr. ()snow N E—That shows your qualifications for the duties of
a headborough, in assisting, or being present, at the compromising
of a fraud. There is, therefore, an end to this case. Let the pn.
soner be discharged.
UNION-HALL.
Yesterday a man of respectable appearance, named Gladdill,
residing in Kent-place, Kent-road, was brought before the Sitting
Magistrate. K. J. CHAMBERS, at the instance of the parish
officers of Peckham, for refusing to maintain his wife, an elderly
lady, who appeared to substantiate the charge.
A Solicitor, who attended on behalf of Mrs. Gladdill, said, that
his client had to complain of the most gross ill usage of the de-
fendant towards her ever since their marriage. It appeared that
the complaining lady, who is 55 years of age, was left leasehold
property to the amount 0f951. per annum. In the month of March
last, then being a widow, she happened to meet Mr. Gladdill,
some years younger than herself, rnd they were married. Three
days had only elapsed from the performance of the ceremony, when
Mr. Gladdill began to exercise his authority with a vengeance, by
kicking his spouse for some slight offence ; and his conduct to the
poor woman from that period up to the present time, was distin.
guished for cruelty and ill treatment. He sold off' the greater part
of her goods, and threatened to turn her out into the street. In
fact, said the Solicitor, had she not made application to the parish
for relief she must have starved, u her husband refused to give her
a bit of bread.
The Parish Officers of Peckham stated, that they had relieved
Mrs. Gladdill since her marriage with the defendant. They
added, that she had complained to them of the ill-treatment she
was subject to ever since the day she had unfortunately married
the defendant.
. . . . . . .

The defendant interrupted the Magistrate, declaring that she was
more to blame than he was; for, added he —" Mrs. Gladdill
ought to have made some allowance, when she reflected that she was
85 years of age, and I am only 34."
Mr. CIIMHBERS—This is no escuse for your conduct to her ;
you married her, became possessed of her property, and instead of
treating her with indulgence for the sacrifice she had made, you
behaved in a most cruel manner to her. The Magistrate then said,
that he should pay her a weekly sum, sufficient to support her, and
ordered the Parish Officers to apprehend the defendant immedi.
ately on his neglecting to make the payment good.
•

NEW MODE OP SPLITTING ROCES.--(Communicated
by Dr. M'Culloch to the Edinburgh Journal Science.)—
Every practical man must he aware of the expense and
waste of labour and of tools attending the ordinary mode
of blasting rocks and large masses of stone by gunpowder,
either for building or for the clearing rough ground. It
was this expense, rendering it difficult for him to carry on
his work at the contract price, which induced Mr. Mac-
kenzie, the contractor of a road from Loch Ewe to
Gairloch, to abandon the system of blasting, and to
adopt, like another Hannibal, that of the simple applica-
tion of fire. His method was never found to fail, and
merely consisted in raising a fire of peat-turf, bushes, or
weeds, according to the character of the adjoining ground
on the surface of the stone to be split, which being secured
at the margin by stones or turf, was kept in activity for
five or six hours. At first Mr. Mackenzie was in the habit
of throwing water on the stone when the fire was extin-
guished, but this is not necessary, as he found the
mere heating of the mass, in every instance, sufficient
for opening and enlarging the fissures, so as to admit of
a small wedge. This wedge is easily and expeditiously
driven in, and the rock giving way in the direction of
some of its natural clevages, large slices are obtained,
fit for the erecting of dykes or bridges. Although it was
as connected with road-making that Mr. Mack nzie first
had recourse to this simple process, it is evident that it
can be applied to the removal of those large masses of
rock which arc seen disfiguring almost every field in the
inclosed parks of the Highlands ; and though hitherto
applied to detached fragments of no great magnitude,
practice may prove the possibility of employing it in the
I fracture of Invernessrocks.— Courier.
A few nights ago, J. Fitzpatrick, who prosecuted the
party that cut off his ears some time ago, was waylaid on
his return from Moate, in this county, by a numerous
party, who beat him very nearly to death, broke his arm
In pieces, and left him with little signs of lift.' his head
being dreadfully cut in several places.—Atilunellerald,