The National Register.
London, England, 1821-08-13 00:00:00

910pe Stittlltgence.

li Eitsl FORD.
FRIDAY, AUG. 3.
MORRIS V. GAUSSEN, CLERK.
This was ail action against the Rev. Armit. Canssen,
rector in the parish of Nleestlett, near Iltintingford, a
magistrate of this county, for causing the plaintiff, a
respectable farmer of A nstey, to be apprehended without
any reasonable or probable cause, and conveyed in iron
manacles and handcuffs to the defendant's house. and
for unlawfully imprisoning him for the space of four
hours. The defendant pleaded the getteral issue—not
guilty. This case excited very general interest.
Mr. Nlarryatt (with whom were Mt. Andrews and
Mr Abraham) stated the plaintiff's case as one of great
hardship and oppression. The plaintiff was a respectable
tanner, of established morals and reputation. The
defendant was a young clergyman or the church of
England, and had recently been pot into the commission
of the peace. Ott the Bth of May last, the plaintiff
and some of his friends, respectable and wealthy farmers,
had been amusing themselves in shooting young rooks
on his farm. It was agreed, that the text day they
should meet at the Bell italic-house in the village of
Ansley to divide the fruits of their sport. They were
perfectly orderly in their conduct, and were quite sober.
About three o'clock in the afternoon the defendant came
to the public-house, and ordered the landlord not to draw
any inure beer. This was a matter about which the
plaiutiff was perfectly indiffetetit. The defendant then
scntfor a coustahle and charged the plaintiff in custody,
sold ordered hamlet:ff. to be put upon him. The con-
. stable, not being very expert at the business, the de-
fendant took the handcuffs and put them on the plaintiff
himself; and, being fastened to a person named Wheeler,
was, in that state, dragged to the defendant's rectory at
Aleestleit, about two miles distatit. At this time the
plaiittiff was utterly ignorant of the offence fot which
he was its treated. lie was, however, stilt to the rec-
tory, and there confirmed until the defendant's arrival,
about two hours afterwards. The defendant had taken
the key of the handcuffs whit hint, and in the mean
time went about the neighbourhood boasting that he
had got the plaintiff in handcuffs. In this ignominious
bl ste the plaintiff was kept an hour at the defendant's
house, before he could be freed. In the outset of the
case lie should not apply those epithets to the defendant's
coed act, which the circumstances of the case would
seem to warrant; but be WOW(' venture to say, 'hat
peter was there more ignorance evinced by a magistrate
in these dominions, in the administration of the King's
commission, under the colour of authority.
The facts as stated by the learned counsel, were fully
provad in evidence.
Mr. Baron %Vocal charged the Jury that the defend.
alit had certainly otosteppeil the limits of his authority.
First, there was no pretence for hatidculling the 11l .1i 11
second, he had tin authority for punishing the plaintiQ
in the way complained of as a hider, lie could Only has e
fined him 3s. 4d.; and, in default of paving that hoe,
he could but have set him in the stocks tor four hours._
Probably the excess of authority arose merely from igno-
rance, and without any malicious motives. The plain-
tiff, however, was entitled to some damages for the in-
jury he had sustained.
The jury, which was composed of four esquires and
eight talesmen, after deliberating for aloort ten minutes,
found their verdict for the plaintiff.--Dantages, 31)1.
ESSEX.
CIIELMSFOR n, ALGUST 7.—The Summer Assizes for this
comity coition:Deed here to-day, before the lieu. Mr.
But on St trod in the Crown Court, and the lion. alr.Justiee
Butt ough in the Civil Court. In the former Coma the
Calendar contains 58 cases only ; and in she latter the
entry of causes amounts to but 16, a number infinitely less
them has beets known for many years at the Assizes fur this
County.

CIVIL SIDE.
CARROLL V. NELSON AND ANOTHER.

This was an action on the ease against the defendants,
who arc the proprietors of "'f lie Times" light couch from
Colchester to London, for the negligent diiviag of their
servant, whereby the coach was upset, and the plaintiff,
an outside passenger, hail one of his legs broken, and the
ancle of the same leg dislocated.
Mr. Gurney and Mr. Andrews conducted the plaintiff's
case, and Mr. MArryatt and Mr. Watford the defendants'.
Tue facts proved were these :—The plaintiff, who is a
carpenter by business, residing at IFletlinal Glee'', had
taken an outside place on the 'fimes coach on the 29th of
December last at Colchester, for the purpose of coming
to London. The coach came with safety as tar as Ilford,
at its usual rate of
pages. In coming down the hill at Clock House, at Il-
ford, the near leader started, and all the horses set off at
a furious rate. The coachman gave Ilia whip to the pas-
senger on the box, and a itli both hands tried with all his
vigour to pull in the horses; but in the effort the roach
was upset in the foot-path with a tremendous crash. '!Ile
plaintiff, in endeavouring to save himself from harm,
j ped off the roof and sustained the damage stated in
the declaration. With assistance he was conveyed to a
neighbouring house, and afterwards carried in a post
chaise to his lodgings at Bethnal GI een. Fur seven weeks
lie was confined to his bed, and at the expiiation of that
time he was removed for the benefit of country air to
where he resided until very lately. His surgeon's
bill amounted to 5 ,I. His espences for nursing, &c. in-
cident to his misforinne, catue to 671. He was stated to
be a young man of t 5 years of ege, to have lost the use of
his limb, and likely to be a cripple for life.
On the past of the defendants, it was proved that their
coachman, named Godbold, a as a careful, steady, and
attentive man ; that 110 Similar accident had eves happened
to the coach during a ;teat mituber of years of its tra•
selling that toad; that on the day in question, iu coming
down Iltord bill, one of the houses took fright at a heap,
of ashes whist hail been collected on the scow a Id' !a then
covered the foot-path, and also in consequence of the
splendour of die sun shining upon sonic truzen water in
the middle of the rufil ; that the coachman did every
thing a man could do under such circumstances to prevent
arc ideal, but the horses became uwn.tnagt able, bloke
their traces, and tan back the toad a lieu foe they r awe
Several Wiles, leaving the coach behind, which in the

shock was upset; that the accident sustained by the plain•
la arose in a great measure fa um his own imprudence
in jumping off the coach in its fall, instead of keeping
his place as the other passengers did, who sustained no
damage whatever. It was stated on the behalf of the
defendants, that they had offered a liberal compensation
to the plaintiff in consideration of his moderate circum-
stances, but without prejudice to the question of their
legal liability, it being contended, that though they were
answerable for the carelessness and negligence of their
servant, or fur any accident in default of providing a safe
conveyance, they were not liable for the carnality which
occasioned the injury which happened to the pl ' 'ff.
A negotiation took place between the Counsel on both
sides, before the defendant's case was closed, and uncivr
the circumstances proved, it was agreed to withdraw a
juror, by which the result is, that each party pays his
own costs.