The Sun.
London, England, 1852-01-29 00:00:00

BAIL COUR,T.-(THIS DAY.)

QUEEN v. BLAKE.
Sir FITZROY KELLY applyed to the Court for a rule.
to show cause why a writ of quo warranto should not
issue, calling upon Mr. R. Wm. Blake to show by what
authority he exercised the- office of town councillor for
the city of Norwich. The objection to this gentlemen°
holding the office turned upon a very simple point lair.
Blake was an alderman of the city of Norwich, and
ef
vacancy having recently occurred in the town council of
the borough, he became the successful candidate with'
out having previously resigned hia office of alderman.
Now, it was an old and well-established rule of law, that
a man could not divei:t himself of a higher office by aei
cepting a lower, unless both offices were in the gift of
the same party, which was not the case in this install
Mr. Blake ought therefore to have resigned his offieeter
alderman, and paid the fine of 50/. before he put tll),!°t_
the office of councillor. The Court would perceive tuie.:
otherwise, it would be in the power of a ward to 01,.,
gown an alderman by electing him a town councillor,, vh
on the other hand, it would enable the alderman 111113.:
self to evade paying the fine of 501. imposed on a relit.'
ment by the Municipal Corporations Act.
Application granted.
THE QUEEN V. BRIDGEBIA.N. af3d
a"
Mr. HUMFREY, on the part of the defendant,
,;a..
for a rule fur a writ of certiorari, to remove the ill-ha
ment in this ease from Westminster sessions into .0
Court of Queen's Bench. The defendant had been be •
to bail, at the Marlborough-street Police-court, °floe
charge of indecently assaulting, in an omnibunl'A,vit
prosecutrix, a married woman. He in his 50""-Etel
swore that the charge was wholly false astv
untrue, and he denied that he in any Woe
ner assaulted or insulted the prosecutrix.
0"
defendant was upwards of seventy years of age' t 0
from the year 1835 to 1846 he served in Parliament
Member for the borough of Ennis. Ho is at Vero°
and has been for several years past, a justice 0' ro'
peace for the county of Clare. To enable hinl, tr°„,,Ptert
cure the attendance of material witnesses as to c01,1';80ti.
and to have the charge fully and completely to-yea
gated, it was necessary to have the indictment rend
from the sessions into the Court of Queen's 13°11°
b.
Application granted.

SHERIFFS' COURT,—(THIS DAY')
(Before Mr. W. BURCHELL.)
WRIGHTSON V. PARRY. —FALSE IMPRISONIFIENI. for
This was an action brought to recover damageaBe
red
false imprisonment. The defendant having en;,,„ to
cri
judgment to go by default, the present was en in"
assess damages. k'ne)
Mr. Sergeant SHEE (with whom was Mr. flawlol
stated the case for the plaintiff. The plaintiff
formerly a clerk in the Registry-office, but was ebligseo,
to resign in consequence of ill-health, and in Nov., 180
entered the service of the defendant, who is a bookse, !.,0
in Leadenhall-street, as a commercial traveller, and -„
journey, a
dispatched on what is termed the Western journey;
in March, 1851, he went on the Midland
his return from which defendant gave the plaintiff A",
custody charged with embezzlement of three sums of e's,
41. 10s., and 71., alleged to have been received from 10,
tomers, and for which be had not accounted. The
fendant first gave the plaintiff in custody, and he s'l7,
taken to Bow-street station house, and 011°0
wards to the Bow-lane (City) station. lie vibe
confined there all night. He was taken before Lb,
Lord Mayor the next morning, and remanded to the
G wasi 1t sapauari-ns t re tC
examined,o mpt er
but u until the
ultimatelytihdateetnefy3ed defendant,
reasonable
tso,celbhuabeanbyrelg;eB:3ll?enr
be: it:giro:li
judgment Learned Sergeant
default,said that
admitted
the plaintiff in charge without
(for the defendant). contended. t.liat7 doe
boa bA cause.
PARRY
not amount to that, but merely to an admission
trespass.
The UNDER-SHERIFF held that, according to the Per::
ofn the pleadings, letenoaedel :nor!, s ,
the false imprisonment.
the defendant had admitted the in'
entitledM F. Sergeant SHEE then urged that the plaintiff
all
e damages, for in such a case
amount would send him home labouring under the B"-
picion that there was some reason for the charge.
Igo
Mr. Goodman, the clerk at the Mansion-house', op
ocalled ,
eaxnadmpirnoadtui
ocne d. thef th e plaintiff, evidence o
andf t the eh de esfwe nodr ae nt tb gol s
had received information that the three sums mention°
had been paid to the plaintiff. Plaintiff did not 14° or
the counting-house on his return from his journePl3..
send his journey-books. He (defendant) met the 011ie
tiff a week after his return in March, asked him wnYfy
had not called, and he said he had been very baßY* ete°
fendant told him that he had been to the Guar%tiff
Society to inquire after him. Defendant asked P,in•l,tiff
to go to the shop and settle accounts then, but Piatidoy,
said he was going westward and would call the ne%;.„,"
04
but he did not do so, and on defendant meeting he
29th of May, he gave him into custody, as 13° 5
tivmelyr. reGfuosoeddnitaong,give ueprossosm.eexastnaminpaltei-obno,oks.
said d :
that tb
plaintiff was discharged, as an account had nee°,4 th 9
livered to the defendant, and it was held thnty ti
plaintiff had acknowledged the receipt of the 0343-ebao
took the case out of embezzlement, although he shad
not actually paid the money over to nd 00*
nesses were present from the country on the 6ec°-
bail
casion. Plaintiff would have been admitted
himseif in 801., and two sureties in 401. each. risoli:
Other evidence was then adduced as to the:_n to
ment, and Mr. Roscoe, a literary gentleman, e
the plaintiff's respectability. • atioe a
Mr. PARRY addressed the jury in wi"gr Clive damages, and urged that plaintiff had neve Age 0.
wages or commission, and he had also refused the plain;
sample-books worth 301. He also urged that .
tiff might have been discharged if be bad got bac:100 fOr
Learned Counsel considered that it was only a
nominal damages.
The jury gave a verdict for 51.

- -
_
BOW-STREET—(THIS
Henry Davidson, who
>,
been remand
day, the 22,1 of DecemL der, on a charge of stabbloo tbri
James Quiller, law stationer, with a r p )4'
ed fr°r Alr•
°O5 e
miorning of Sunday, December 21st, In -"Lot e"..
Strand, was brought up before Mr. Sall for
arain
r. Lewis,
atoh the
Mwis, of Ely-place, again attended to vi
cats on behalf of the prisoner.
James Quiller (whose hand
anti in a sling) on entering the witriess bog forme
in beg°
A to
Ins gistrate that, as ho was now nearly restore-
~d him
n 1 as tile prisoner had expressed his regret :)7310
triu ion at allowing hi feelin to have so ever'reet bh:
in 'what was nothing more g.
than drunlo„n., kith
hoped the magistrate wont( i deal sumular"
case, and not send the prim?. ner for trial.
was still bounticitubCe