The Sun.
London, England, 1852-07-23 00:00:00

FRIDAY

JULY 23, 1852.

ASSIZE INTELLIGENCE.

trpit.Ftul4 qi':=einirboidye; July 22. --
Tee commission for Ines, eou9:,y Ras duly Opt ued
,yea--,
,teeeAs77aCiteliv cre'nfteretterdettst o bus inesr ten-
fb fa' morning.
. On the civil side there is an entry' Of 'isteire-n dammon
jury rases. The 'calendar cohtaine the- names of twenty-
four prisoners charged Oh setioue "offences, including
one ease et. rapei.ene ee.eigamy, one of abduction, one
of burglary, one of stabbiee, three of arson.. one of
!highway reibbery,,oue of perjury, one of -concealment of
'Nettie -one of uttering conoterteit coin, two of teloniteus
:assaults, and five of ordinary larcenies.e-Besidese these,
there is, heWevere a road indictment, Which was made a
rematet fr:Vie see lest mi„se. • e -
CIVIL SlDE—(Bef;errthe:Citniv A3A11614.)
. ELLYLOCK v. 4SPARKE, CLERK. Mr. O'Malley and Mr. Coucti were nnnsel for the
':plaintiff, and Mr. Sergeant Bylis and 'Mr. Wells LIP'
:peered to the defendant. •-• • .7.
TUB was an action of trespess- for as assault and false
,imprisonment under the
f"llewieg. eirCnrostances:—The
Tlauitiff resides at Ely; where: (Asti the defendant lives,
the reirmer" batik a fat met, and 'the hitter 8, 'pre-
Izoecdary and magistrate.. for the. county. The. Ely
etatien ofe the' -Eastern ' Counties' Railway is under
the care of Mr.' Wattcagaiiiet whoni,' for some reason
which did not transpire, but • in' 'some way 'connected
with-the sale of a doekey, some. ill-feeling appeared
to haVe been created the' mind of the good people of
Ely, the result of which was the placarding of divers
offensive handbills, and the chalking of the walls and
peivedientA- in every' 'directiou with these words—
" Donkey Watt, the railway jackass." I; being con-
, ceived that the plaintiff was concerned in the produc-
tion of thiS " mural literature," as his I.,:irdshif, to-day
termed the above teatence, an information was laid on
the 30th of April last, before' the defendant, charging
the plaint ff with having wristen on the pavement. on the
night before certain offensive words, reflecting on the
character of Mr. WattetO-wit! "Donkey Watts, the rail-
way jackass." 'On this information the defendant made
an order on the 'plaintiff to •find sureties
.to keep the
peace, and., in default, be committed him to prison for
three months. On thitithe plaintiff applied to the Court
of Queen's Bench, having obtained his-discharge on the
6th.of May, notice of action was given, toehe defendant'
on the 18th of the same month. As, however, the. 11th
and.,l2 ot. Victoria, c 744, enacted that no fwd.'s' against'
justices shall he brought until the order or commitment
meet! have berriquashed, turthoi• ii)opa had been teeee
by the plaintiff, which resuliGld in the quisling of the
def'endan't warrant on the 19ih of •Junet on which day
(being the list to (made the- plaintiff to -go down to
trial at the present assizes) 'the 'writ was issued.
Tolle° declaration, ev:kieh Claimed 504 damages for the
grievance. complained Dt, the defendant pleaded, "not
guilty by statute;" and, prof of the trespass having been
briefly giVen, •
Mr. Sergeant BYLES and Mr. WELLS objected, on the
part .of the defenth.ut7-first, that the warrant was good;
secondly, that the defendant had jurisdiction over the
matter if it was
.bad, and that the actien ought to have
been
in the ease with an allegation, of malice, as required
by the statute; thirdly,was entitled
that the defendant• I d
to a verdict, as the plaintiffWasgnilty of the offence im-
puted to him
.(which they were ready to provt); and,
fourthly, that there was no sufficient notice, as that
given was premature, the a eff bavieg no complete,
cause of action until etie 19.hP
oli;Juele, when the warrant
was quashed.
allMeheser. O'oMALLE ens, • Y and Mr. Coma having been heard on
,njecte • • . -
The CHIEF BARON, :Mei consulting with'Mr.
Parke, overruled the, three. first, but gave effect toaro then
fourth, holding thateas the object of the.notice was
to
give justices a full month after complete cause of action
had.occurred to. a pleintiffeclaimieg redress from them
for acts done in the discharge of their magisterial duties,
within which to tender
,amends, and asunder the 11th
and. 12.1 i Victoria, Q... 44, the plaintiff could not sue till
the 'warrant was quelled, the defendant hero was enti-
tled to a month's notice, given after the day on which
his warrant was qua.bed, before which any action could
be- brought. Fur those reasone he (the Chief Baron)
should direct a verdict •f tr the defendant, leaving it for
thoplaintiff to•move•the Court above; and to the defend-
ant to question his ruling on 'the first three points.
Ultimately the damages were agreed on at 231., but a
verdict was taken for the defendant.