The British Press; or, Morning Literary Advertiser.
London, England, 1818-08-26 00:00:00

MONMOUTH ASSIZES.

416:1 t

At' the shove Assizes the following important
cau►e et Aisi Pries rip tried
wed °TIMIS v. POTIIIIROkki..
This was an action brought by Messrs. hlwrfoed
and Co. who are very estensively e►►gagetl in the
iron trait in Bristol, and in the county of Mon.
mouth; ■gilim4 Mr: Richard Fothergill, an iron
master and • Magistrate in that county, fir allow.
iog s fraudulent ejectment to be secretly brought
against hint of certain unites a►dl lauds which he
held of them in the above county, called the Sir.
!limy Iron Works, without having given notice of
such ejectment to them as his landlord., us he was
by law required to do; whereby the Plaintiff's were,
unawares and without the slightest pre►ious intitna.
tiou, dispossessed and driven from their property by
the grosse►t übwe of those means, which the law
of this country bolds ont for the recovery of its
subjects' rights. The circumstances of the case
were as follow

The property the Defendant held of Plaintiff%
was of great value, and the Defssidatit wished to
treat fur it renewal of his lease at the expiration of
his then terni, and actually offered the Plaintiffs
3,0001. per annum for a further trim therein,
which they refused ; and on the expiration of the
old lease, Plaittliffs went to take pissessiou of the
woollies. %%lieu instead or receiving such Immo.
sioo, they acre suet by Mr. Foihergill, ■ man
named Cunningham, formerly a praciiiirmer of the
law, a Mr. Minutia, his attorney, the Under She-
riff of the county, two Willi., and several other
persons, when Mr. Futhergill informed Plaintiffs
that he could not give them posSession of their
estate; as he had 'dreadq given it to the Sheriff for
Mr. Cunningham. and they were informed that the
Sheriff was proceeding to put Mr. Cunningham
into possession of An laudo; auttl On
being iiiforturd they could not resist the Sheriff,
thee retired, and the day concluded at Mr. Finite,-
worka, with' much re acing, fiatilt gunge and
distributing ale ansongthe Defendant's werk.peo.
pie. The Plaintiffs, as may be Conjectured. were al-
together astonished, wheel. upon searching the proper
Arc in L 0101,014 they found that the writ load been
issued on a confession by Mr. Fothergill. so tenant
of the renting, to Commuglium. these means
Cunningham obtained the po‘seesiatt if the pro-
perty, which he' immediately agreed to let to Mr.
rotliergill's mos. aild the pante. ctintioued in pub.
session until they were put out by the legal pro.
ceeiliogs adopted by the Plaintiffs.
These facts, which were ably commented on by
Mr. DAUNCST, in hie opening of the case, carte
fully is rvidecce io the course of the trial.
The Defendant • called no witnesses, but Mr.
JRII,III, Go his behalf. aildreawd the Jury w a moot
enienated style, and iii mitigation alleged that
the Defendant had been imposed on by Cunning.
hem.

Mr. Baron DARROW summed up the evidence
[mot eloquently. lie could not admit that the
conduct of the Defendant ought to b. iticribed to
ignorance or mistake, but that it must be the effect
of a coospiracy. with Cut 11l ill gloom, to change the
possession of the estate. The penalty imposed by
the statute ir, three years improved yearly rack-
rent ; end
The Jury, after some hours consultation, found
a verdict fur the Plaintiff", for 4,50 W.