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

THAMES.

ALLEGED FALSE IMPRISONMENT AT SEA. This
morning Mr. Joseph Smith, solicitor, renewed an ap-
plication for an assault summons against Captain Henry
Peachey, for falsely imprisoning John Doyle, a mariner
on board the ship Clara, on her voyage from Southamp-
ton to Swan River, three years and a half ago. The
man was imprisoned for 78 days, on board the Clara, in
a place built for the purpose, which was only four feet
square, and between decks. On the arrival of the man
in the colony he was taken before a magistrate, and
sentenced to three months' imprisonment ; but after he
had been in prison a fortnight only the governor of the
colony interfered, liberated him from durance vile, and
gave him an appointment in the water police, which he
filled for upwards of three years.

The complainant alleged that he had committed no
offence whatever, and that the imprisonment was illegal.
Mr. Yardley doubted whether be had power to inter-
fere in the matter, and it was doubtful whether false im-
prisonment could be considered a constructive assault,
but gave Mr. Smith liberty to renew his application.
Mr. Smith now came armed with many authorities,
and said he would begin with the weakest and close
with the strongest argument. Archbold on Criminal
Law gave the form of an indictment, which was the
ordinary one always followed in an indictment for false
imprisonment, where there was no actual assault or lay-
ing on of hands, and in the course of that form it said,
"the prisoner did unlawfully mike an assault, and him,
the said prisoner, did unlawfully and injuriously impri-
son the prosecutor. The evidence to sustain that indict-
ment," Archbold said, " was for the prosecutor to prove
the false imprisonment." In all actions where there was
no assault, but only imprisonment, it was always stated
in the declaration there was an assault and imprison-
ment.

Mr. Yardley said an action for false imprisonment was
rather an action for trespass.

Mr. Smith did not see how there Gould be a personal
trespass without an assault ; but in addition to that, in
Russell on Crimes, page 864, it was stated that unlawful
imprisonment was also an assault for which the law de-
mands public vengeance, as a breach of the Ring's
peace. The loss sustained by the confinement of one
of the King's subjects was, by the same authority,
stated to be an infringement of the good order of society;
and then referred to Hawkin's Pleas of the Croton, cap.
60, sec. 7, and vol. iv. of Blackstone's Commentaries,
page 218, and the precedents of actions and indictments
for false imprisonment. He submitted he was entitled
to the summons.

Mr. Yardley said the last argument was quite suffi-
cient, and granted a summons against Captain Psachey
for an assault on John Doyle:

ROBBERY IN THE EAST AND WEST INDIA DOCKS.
Cha,rles Dunnegan, a middle•aged man, having the ap-
pearance of a dock labourer, was brought before Mr.
Yardley, charged with stealing 211bs of copper nails, the
property of some person unknown.
William Charles Nicholson, a constable in the employ
of the East and West India Dock Company, said he re-
oeived information last night that a man had gone
through some broken 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 concealed beneath his clothes, which con-
tained 211bs of copper nails, such as were used in ship-
building. The bag was in front of his chest and reached
down to his legs. He asked the prisoner where he ob-
tained the nails, and he replied that he gave a man 6d.
for them. He inquired of the prisoner if hel'knew the
man, and be said be did not. The nails were worth Bd.
per lb., and were quite new.
The prisoner, in defence, said he bargained with a man
for the nails. A shilling was asked for the nails, and the
man agreed to take 6d. for them.
Mr. Yardley—And those nails are worth 14s. at least.
The depositions having 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—l am not guilty.
The prisoner was committed for trial.