The British Press; or, Morning Literary Advertiser.
London, England, 1824-03-19 00:00:00

STAFFORDSHIRE LENT ASSIZES.

Before Mr. Justice PARK.
EXTRAORDINARY CASE.
MATHEWS r. KNIGHT.
Mr. Castrawt.t. stated the case to the Jury on the part of thi
plaintiff, beiug an action breught by him, a poor working man, by
trade a joiner, Ike., against Edward Knight, M.D. late Mayor, and
' preseat Jastiee and Alderman of the Borough of Stifird, to re.
cover the sum of 21 ds. ed. fur work and labour done by the plain.
tiff for the said defendant, and materials found &c. The particu-
lars of this most important and extraordinary case—as important
it truly is to the public, in givieg another instance to them of the
discharge of Magisterial daties by the County Magistrates—
will appear by the evidence.
Mr. M'sa. Orattage, a timber-merchant, residing at Stafford (an
a decree witness) proved that the plaintiff purchased some timber
from him, with which be did the work and repairs for the defend.
ant Knight, which constituted the demand for which the action was
brought; that the defendant came to him respecting the plaintiff
having had this timber from him. and per:added hint to fetehia War-
rant against the pluintir far stsladliog hint (the witness) out of the
timber.—LThe witness hesitated and behaved most equivocally in
this part of his evidence, evidently wishing to conceal it ; and it was
not until the intiot declared, if he did not state the whole facts,
he would instantly commit him for gross prevarication, that the
facts could be &taloa from Mina
The beamed JITIME here su4ested to Mr. Russell as to the
propriety of his allowing the cau4 to proceed, for the sake of his
client and the harm of the Town Clerk, &c. and throwing out
an intention to make some obsematbas theredel if the cause went
on; but
Mr. Rosati., under the drzetisto of his employer, the Town
Clerk, Mid he was advised toga on, i 0 prove the plaintirs daossstd
to be under 41is.
The witness then proceeded, ant roe* that to mempsetwe of
such permission, he went with Me defendant to tae Town Clerk's
office, and wait a deposiiiinLaktotoage down by the To** Creek,
and was swots thereto by r.Jisttae*Tuntoek (one of the other
Justices present on that occasion); that tke defaidant knight took
swan the warrant from the Town Clerk's, and delivered if to the
con;tabk.—fThe witness hesitated much in giving this part of
his evidence, when Mr. Castrisima. very impressively observed,
"Come, sir, you are not in the Mayor's office now ; you are before
one of the Judges of the bind, who will take we that justice is
duly administered."]—That he went again to the Town Clerk's
and met the plaintiff with the eonstabk, the defendant
rtteAt, the Town Clerk, &c., there; that the defendant said the
plaintiff' claimed upwards of 71., but he (the defendant) woukl giro
him M., and no nwre ; that the plaintiff at first refused this, saying
Ise had a Large family, and eawld not 4dlbrd it ; that the Magistrate
then told him, if he did not take the M. he :maid commit hiss to
gaol upon the warrant so obtained on de application of Graftage,
at the instance of knight ; and in consequence the (poor) plaintiff
vas obliged to accept the 5.1. in satiefiction of his claim, and out of
which he Veil en. for visitant, die. t that Ml6', this transaction the
witness gave the plaintiff 3a, being the usual allowance for die.
count in the trade • and that previous to his (the witness) fetching
the warrant for the plaintiff, as before mentioned, he made oat d
hi/I of parcels to the plaintiff; charging him as his debtor for this
timber.-11 be witness here hesitated very much, and would not
say for some time whether the bill was delivered to the plaintiff
bee or oilier the transaction; and it was not until after the
JUDGE had pointed out the impossibility of it being delivered after
ke had token the ;Achill" tip for swindling him out of the timber,
and threatened to deal with him in a summary way, that he admit-
ted the bill was made out to the plaintiff' before the issuing of the
said warning
Mr. }twist 1.1. immediately rose, std said be must submit to a
verdict against his client; and espremed a hope that his Lordship
would nut attach any blame of the ease to him to which his Lord.
ship immediately replied," Not h'y any means, as lie had only
acted professionally from the Instructions he had received."
The reamed JUDGE, after directing the witness not to leave the
Court, as he had not mad! up his mind respecins him, then
directed the Jury to find their verdict for the plaintiff for the
amount sought to be recovered by him, via. the ditrereacc of the 51.
which the defendant imposed span the phriatif to accept, and the
real amount of his account, viz. 21. cis. ow.
The Learned JUDGE then addressed the Court and Jury
(amongst the former sat the defendant, by the side of his attorney,
the Town Clerk of Stafford), and declared, that as one of the
Judges of the land, he felt it his duty to make some animadvemions
on the case, notwithstanding the verdict that had been passed ; for
that never in the whole course of his expertence at Westminster'
' Hall or elsewhere, both as Counsel and since he had the honour of
sitting as Judge, which was upwards of thirty years. slid he ever
recollect a case of such a nature as the present. Never did he
remember the fat fictions of Magistracy so disgrarefally abased and
remicred subservient to improper practiees, notwithstanding the
sacred oath taken on entering in the office of a Magistrate, to
hapirtially administer justice. And how the ;vicars: could mon-
61e It to his conscience and his God, fluttering himself to be pee-
-1 ',laded to take the awful responsibilty of an oath against a man, for
r.rita/heg him oat if the timber, when he had himself proved that
day that hr had purchased it from him—that he had made him oat
a bill of parcels, charging him as a debtor for the same timber, and
actually allowed hint the usual tradesuuttes diger-m.l on papal:art—
' he was ate loss to &cover; and expressed an opinion that the
witness had committed gross petits'''. And as to the defendant,
• who hod been proved to hove so higi :cad respeetalk an Viler
I as he had within the borough of Sbcycrd, and a member also of a
most honotrrable profession, for which he had the greatest respect—
sane part of his own family being medical men—he was most sorry
' and surprised to see him capable of such conduct ; and concluded
I with coneeyinLa most impressive reprimand.

A treaty, concluded between this country and the
Netherlands, regulating some territorial arrangements in the East'
Indies. mutually beneficial in a commercial point of view, was
signed on Tuesday. with the accustomed lomialities, atjthe Fo-
reign Office. The recent mission of 11. Foleie to this country
was for the purpose, we believe, of conducting the above no_ I
guciation.
l'Ent,--A vessel arrived in the Clyde brings letters from
Lima of the 4th of December, by which it appears that Bolivar,
wno had been compelled to march against Rita Aguero, the in.l
dependent chieftain, who had broken his connexion with the Peru.,
van Government, had been completely succe.sful. Rica Aguero,
and his principal officers, were taken prisoners, and this intestine
difference, which operated as a diversion in favour of the Royalists
was completely !settled. Bolivar was returning to Lima, and
would be able soon to commence operations against the Royalists.
TII t A imE at !I F. S-1 ntelligcnee was yesterday received
from CarMagena. dated Feb. 24. Two merchant vessels, bound to
Trieste, have been se v into that port by British vessels of war, the
Corkin of which stated there was great danger from the Algerine
cruisers if they proceeded on their voyage. :seven English vssaels
were in the port, waiting convoy. Vie regret to state that a re-
port has b..en current, that some Algetine cruisers have landed
nut. in Catriuria, and have committed great excesses.