The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-19 00:00:00

IIO.VE CIRCUIT•

MAIDSTONE, AUG. 17.
lie Assirre for this County ended only to-day, having occu-
pied nearly three weeks; a period of unprecedented duration
even fur this county, in which the business is usually very
heavy. On the Civil Side the causes entered for trial were ao
average number, but two or three of them occupied nearly seven
days. in consequence of the great number of witnesses examined.
THE CORPORATION OF ROCHESTER P. COMPORT.
In this case, which was an action to establish a right of demanding
a toll for carts and other careages, passing through Rochester,
after a very long trial, a verdict was found for the plaintills

POOLEY v. I.YIII'S.
This was an action on the case for maliciously, and without
any reasonable or probable cause, suing out two several Commis-
Mons of Bankrupt against the plaintiff, whereby he was greatly
damnified. Plea. the general issue—Not Guilty.
• The trial of this cause was fixed for Wednesday morning in
. the last week, hut, in fact, did not come on until Tuesday last,
: and did not end until this morning. It was the second trial of
,ilre same cause of action. At the last Assizes. before the Lord
.Chief Baron, a verdict was found for the plaintiff, damages, 6001.
I:oder the circumstances diselobed above, the Court granted is new
`trial, in order to have the ease more fully investigated.
The plaintiff's OM WAS conducted by 31r. MARTIYAT,
bona's. Mr. Abotertus, and Mr. RYLAND ; the defendant's,
y .Me. (iuitwxY, Mr. Sergeant TADDY, and Mr. CHITTY.
It appeared that both parties were near neighbours. at 31aid.
stone. each tarrying on a similar line of business, namely, that of
wharlinger, dealer In coals, corn, hops, &c. The conduct imputed
to the defendant was supposed to have arisen from a verification of
the adage. that " two of the genie trade can never agree," and
abet, envying the plaintiff's prosperity, he determined upon his
loin by the concoction of a malicious commission of bankruptcy.
Two commissions of bankrupt had been sued out against the plain-
tiff—one dated 13th of December, 1823. the other the 3d of Ja-
'wary. 1624. Both were superseded on the 3d of February, 1824 ;
the first at the defendant's expense, and the second at the plain-
tiff's. The petitioning creditor% deb:, on which the commissions
sere founded, was a bill of exchange for 1001. given by the plain.
tiff la the defendant, on a timber transaction, in respect of which
they haul had dealings together. This bill of exchange had not be.
come due at the time the commission was sued out, and at
die date of the first commission it was not in the hands of
the defendant, he having discounted it with his bankers, Fry
sad Chapman. It was proved, that at the time the first corn-
Mission WAS sued out, the plaintiff was worth 6,200/., after pay-
sew twenty shillings in the pound to every person to whom he
was indebted. The act of bankruptcy, on which the commis.
kens were founded, was the plaintiff's absenting himself from
Maidstone, from the middle of November till the end of De-
cember, 11,23. In ordvr to explain the cause of the plaintiff's
absence from his usual place of business, it was proved, that in
that interval he was employed in fulfilling certain contracts for
Kentish rag-stone, with Messrs. Reece and Johnson, the builders
of laird firosvenor's canal at Pimlico ; with the Navy Board, for
Pappleing ships at the Woolwich Dock-yards; mid with Messrs.
Ryles. of Ipswich, fog certain erections in that town. An account
was given of the places in which he slept during all that time, and
it was proved that, on almost every day in the interval, he was
publicly visible, engaged on his business, either at Pimlico, Wool.
wich, Ipswich, the coin-market ir. Mark-lane, the Nag's Head, in
the Borough of Southwark, or the Red Den public-house, in the
Strand. A great number of witnesses proved, that up to the time
of striking the docket, they considored li'ni to be a man of consi-
derable property, and a person of the highest credit ; and several
of them said, that such was their opinion of his solvency, they
would have lent him 2001. or 3001. on request. It was proved that
the effect of the Commission of Bankrupt was to diminish the
plaintiff's flourishing business to one-half of its usual amount. For
the purpose of imputing a malicious motive to the defendant, in
swing out the commissions, several expression' having that tendency
were proved to have been used by him on different occasions, both
before and after they were sued out. On one occasion, in the month
of August. 1823, it was proved, that in a conversation with the
. foster of s enal.merchant, at Newcastle, he asked what people her
brother did business with at :Maidstone? She mentioned Pooley,
use plaintiff upon which the defendant said, " I think your
brother might do business with other persons with more safety than
with. Pooley." It was farther proved, that immediately after the
lure docket was struck, he asked Mr. Edward Russell. a hop.
factor in the Borough, " if he could help hint to an act of bank-
ruptcy against the plaintiff ?"
Several witnesses poised, that in the course of these proceedings
be exultingly declared, speaking of the plaintiff, " I love got hold
of him now, and I It squeeze him."
ta'sdnesulay afternoon. Mr. Gra KEY began to address the
Jury for the defendant, and was resuming his speech this morn.
ing, when a negotiation was opened between the Counsel on both
sales. which ended in the defendant's consenting to submit to a
serdict against him, with damages to the amount of 11001. with.
out costs.
A verd'ert was accordingly taken for LION.
A for the verdict was recorded,
Mr. Baron Siaaxasa addressed the plaintiff, and said he was of
oainioa, and he believed it to be the ot inion of all those who heard
me awe, that he would leave the Court without the si'ghtest im-
putation upon his credit and respectability as a tradesman.
Mr G CRNF.Y said, he was instructed by the defendant to say.
that he corcurred in this observation. The defendant was now
perk-edit satisfied that there was no reason for doubting the plain.
tilts advenev, whatever opinion he had previously entertained
upon the r•Neet.
The costs of the two trials could not come to so little as 3000/.
:ini the damages obtained by the plaintiff will hardly pay his eit
penses in the vindication of his character.