The National Register.
London, England, 1821-08-12 00:00:00

gOgtir 2lntettiornte;

11 ERT FO RD.
FRIDAY, AUG. 3.
sloarits V. DAMIEN, CLERIC.
This was an action against the Rev. Artnit. Ganssen,
rector of the palish of l'eleesden, near Buntingford, a
magistrate of this county, for causing the plaintiff, a
respectable farmer of A ustey, 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 general issue—riot
guilty. This case excited very general interest.
Marryatt (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
farmer, of established morals and reputation. The
defendant was a young clergyman of the church of
-England, and had recently been put into the commission
of the peace. On the Bth of May last, the plaintiff
and sonic of his friends, respectable and wealthy farmers,
'Snail ailinsing themselves in shooting young rooks
•on his farm. It was agreed, that the next day they
should meet at the Bell puklic-house in the village ii
Ansley to divide the fruits of their sport. They were
perfeei ly orderly iu their conduct, and were quite sober.
About three o'clock in the afternoon the defendant came
to the pithlic-house, and ordered the landlord not to draw
any more beer. This was a matter about which the
plaintiff was perfectly indifferent. The defendant then
sent:for a constable and charged the plaintiff in custody,
and ordered handcuffs to be put upon him. l'he con-
stable, not being very expert at the business, the de-
fendant took the handcutla and put them on the plaintiff
himself; and, being fastened to a person named %V heeler,
sew, in that state, dragged to the defendant's rectory at
Itleesden, about two miles distant. At this time the
plaintiff was utterly ignorant of the offence for which
Ste was so treated. He was, however, sent to the rec-
tory, and there confirmed until the defendant's arrival,
about two hours afterwards. The defendant had token
the key of the handcuffs with him, and in the mean
time went about the neighbourhood boasting that he
had got the plaintiff in handcuffs. In this ignominious
et rte the plaintiff was kept an hour at the defendant's
house, before he could be freed. In the outset of the
ease he should not apply those epithets to the defendant's
conduct, which the circumstances of the case would
seem to warrant; but he would venture to say, that
never 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 '
proved in evidence.
Mr. Baron Wood charged the Jury that the defend-
ant had certainly outstepped the limits of his authority.
First, there was no pretence for handcuffing the plaintiff;
second, he had no authority for punishing the plaintid
in the way complained of as a tipler, he could only have
fined him 3s. 4d.; and, in default of paying that floe,
hr could but have set him in the stocks for 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 lie had sustained.
The jury, which was composed of four esquires and
eight talesmen' after deliberating for about tett minutes,
found their verdict for the plainta—Damages, 301.
ESSEX.
CMELMSFORD,AUGUIT 7.—The Summer Assiaes for this
county commenced here to-day, before the Hon. Mr.
Baron Wood in the Crown Court, and the llou. Mr..lustice
Barron!' in the Civil Court. In the former Court the
•Calendar contains 58 eases only ; and in the latter the
entry of causes amonnts to but 16, a number infinitely less
than has been known for many years at the Assizes fur this
County.
CIVIL SIDE.

CARROLL e. NELSON AND ANOTHER.
This was an action on the case against the defendants,
who are the proprietors of t‘ The Times" light coach from
stolchester to London, for the negligent driving of their
servant, whereby the coach was upset, and the plaintiff,
au outside passenger, had one of his legs broken, and the
uncle of the same leg dislocated.
Mr. Gurney and Mr. Andrews conducted the plaintiff's
case, and Mr. Marvin and Mr. Watford the defendants.
The facts proved were these!—The plaintiff, who is a
carpenter by business, residing at Bethnal Green, had
taken an outside place on the Times coach on the fifth of
December last at Colchester; for the purpose of coming
to Lndon. The coach come with safety as far as Ilford,
at its usual rate of nine miles an hour, including stop-
pages. In coining down the hill at Clock House, at B-
lind, the near leader started, and all the horses set off at
a lei-ions rate. The coachman gave his whip to the pas-
senger 011 the box, and with both hands tried with all his
vigour to pull in the horses ; but its the effort the coach
was upset in the loot-path with a tremendous crash. 'I he
plaintiff, in endeavouring to save himself from harm,
jumped off the tool and sustained the damage slated in
the declaration. With ass:stance lie was conveyed to a
neighbouring house, and totem aids carried in a post
chaise to his lodgings at Bethnal GI ecu. For seven weeks
lie was confined to his bed, and at the expiration of that
time he was removed for the benefit of country air to
Ilford, where lie resided until very lately. His siugeon's
bill amounted to 54. His espences for nursing, &c. in-
cident to his misfortune, came to G7l. He was stated to
be a young man of V 5 years of age, to have lost the use of
his hash, and likely to be a clippie fur life.
Oa the part of the defendants, it st as proved that their
coachman, named Godbold, was a careful, steady, and
attentive main; that no bintil iraccident had ever happened
to the coach dieting a went number of yeats of its tra•
veiling that toad ; that tin the day in question, in coinitig
down Ilford bill, ot.e of the horses took fright at s 11P01!,
of ashes which had been collected on the snow with It then
coveted the foot-path, and also iu consequence of the
splendour of the sun shining UpOD sonic lieu!) Hater iu
the middle of the road ; that the coachman did every
thing a man could do under such circumstances to prevent
accident, but the herself became iminanagenble, broke
their traces. and ran back the road whereof they came
severe! !ravine the coaeli which in the