The Sun.
London, England, 1855-10-13 00:00:00

THAMES.

ALLEGED FALSE (MPRISONMENT AT SEA. This
morning Mr. Joseph Smith, solicitor, renewed an ap-
plication for an assault summons against Captain Henry
Peachey, for falsely in, prisoning John Doyle, a mariner
on board the ship Oar a, on her voyage from Southamp-
ton to Swan River, ti hree years and a half ago. The
man was imprisoned fc 78 days, on board the Clara, in
a place built for the p urpose, which was only four feet
square, and between d ecks. On the arrival of the man
in the colony he w; is taken before a magistrate, and
sentenced to three rue nths' imprisonment ; but after he
had been in prison a fortnight only the governor of the
colony interfered, libti rated him from durance vile, and
gave him an appointmi nit in the water police, which he
filled for upwards of th ree years.
The complainant all gibed that he had committed no
offence whatever, and that the imprisonment was illegal.
Mr. Yardley doubts :d whether he had power to inter-
fere in the matter, anl it was doubtful whether false im-
prisonment could be i ;onsidered a constructive assault,
but gave Mr.. Smith berty to renew his application.
Mr. Smith now cam e armed with many authorities,
and said he would b e gin with the weakest and close
with the strongest ar, gument. Archbold on Criminal
Law gave the form; c f an indictment, which was the
ordinary one always fu llowed in an indictment for false
imprisonment, where t here was no actual assault or lay-
ing on of hands, and in the course of that form it said,
"the prisoner did unl a' wfully make an assault, and him,
the said prisoner, did u in lawfully and injuriously impri-
son the prosecutor. In io evidence to sustain that indict-
ment," Archbold said, " was for the prosecutor to prove
the false imprisonmer it." In all actions where there was
no assault, but only imprisonment, it was always stated
in the declaration tl Imo was an assault and imprison-
ment.

Mr. Yardley said a o action for false imprisonment was
rather an aetion for t t. espass.

Mr. Smith did not :5 ee how there could be a personal
trespass without an aft: Sault ; but in addition to that, in
Russell on Crimes, pay e 864, it was stated that unlawful
imprisonment was alse , an as:ault for which the law de-
mands public vengeal ice, as a breach of the King's
peace. The loss susti tined by the confinement of one
of the King's subjeo is was, by the same authority,
stated to be an infringe 3ment of the good order of society;
and then referred to 11 awkin's Pleas of the Crown, cap.
60, sec. 7, and vol. iv. of Blackstone's Commentaries,
page 218, and the prox .edents of actions and indictments
for false imprisonment.. He submitted he was entitled
to the summons.

Mr. Yardley said t e last argument was quite suffi-
cient, and granted a stimmons against Captain Peachey
for an assault on Job in Doyle.

ROBBERY IN THE EAST AND WEST INDIA DOCKS.—
Charles Dunnegan, P. middle-aged man, having the ap-
pearance of a dock labourer, was brought before Mr.
Yardley, charged wit .h stealing2llbs of copper nails, the
property of some pel .son unknown.

William Charles N leholson, a constable in the employ
of the East anti Wes+ t India Dock Company, said he re-
ceived information I ast night that a man had gone
through some broke m palings into the Colliers' Dock.
He went after him and found the prisoner close by
Bass's ale stores, in the dock, and on searching him
found a bag conceale il beneath his clothes, which con-
tained 21 mg of copp( sr nails, such as were used in ship-
building. The bag ants in front of his chest and reached
down to his legs. Hs asked the prisoner where he ob-
tained the nails, and be replied that he gave a man 6d.
for them. He inquirod of the prisoner if heknew the
man, and he said he (lid not. The nails were worth Bd.
per lb., and were guiles new.

The prisoner, in dEXe nee, said he bargained with a man
for the nails. A shil ling was asked for the nails, and the
man agreed to take 64. for them.
_ _

Mr. Yardley—An d those nails are worth 14e. at least.
The depositions hu►ving been completed, the prisoner
was asked if he pleaded guilty or not guilty.
The prisoner—l paid 6d. for the nails.
Mr. Yardley—Do you plead guilty or not guilty?
The prisoner—I aCa not guilty.
The prisoner was 4committed for trial.