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

BAIL COURT.-(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. Win. Blake to show by what
authority he exercised the office of town councillor for
the city of Norwich. The objection to this gentletaaall
holding the office turned upon a very simple point Air'
Blake was an alderman of the city of Norwich, and
vacancy having recently occurred in the town council o
the borough, he became the successful candidate with-
out having previously resigned his office of alderman.
Now, it was an old and well-established rule of law, that
a man could not divest himself of a higher office by
cepting a lower, unless both offices were in the gift or
the same party, which was not the case in this instanoe•
Mr. Blake ought therefore to have resigned his effieet°
alderman, and paid the fine of 501. before he put OP '°r
the office of councillor. The Court would perceive the.'
otherwise, it would be in the power of a ward to al!:
gown an alderman by electing him a town councillor,.
on the other hatiel, it would enable the alderman h,11::
self to evade paying the fine of 501. imposed on a 144'
ment by the Municipal Corporations Act.
Application granted.
THE QUEEN V. BRIDGEMAN. sea
Mr. HUMFREY, on the part of the defendant, raAeet.,
for a rule for a writ of certiorari, to remove the b3,,,"itha
ment in this case from Westminster sessions ink`'hpld
Court of Queen's Bench. The defendant had bean
to bail, at the Marlborough-street Police-court, Ihe
charge of indecently assaulting, in an omnibus, Tit
prosecutrix, a married woman. He in his afaclend
swore that the charge was wholly false ,n6ao.
untrue, and he denied that he in any "The
ner assaulted or insulted the prosecutrix•
defendant was upwards of seventy years of ages ros
from the year 1835 to 1846 he served in Perlis:nee ot,
Member for the borough of Ennis. He is at Prir the
and has been for several years past, a justice °f rO,
peace for the county of Clare. To enable him to Poor,
cure the attendance of material witnesses as to OhertLti.
and to have the charge fully and completely itvo-ced
gated, it was necessary to have the indictment rem• 13....,
from the sessions into the Court of Queens Ben
Application granted.
SHERIFFS' COURT.—(THIS DAY')
(Before Mr. W. BURCHELL.)
WRIGHTSON V. PARRY. —FALSE IMPRISONMENT. for
This was an action brought to recover darnageffserei
false imprisonment. The defendant having oily te
judgment to go by default, the present was an
tnq
assess damages.
Mr. Sergeant SHEE (with whom was Mr. gal' of
stated the case for the plaintiff. The plaintiffogej
formerly a clerk in the Registry offices but Was ° 1850 r
to resign in consequence of ill-health, and in Nov.?
_Aiee
entered the service of the defendant, who is books
in Leadenhall-street, as a commercial traveller, and
dispatched on what is termed the Western journeys let
in March, 1851, he went on the Midland jourriy,t;
his return from which defendant gavef
three
receivedthe aPn
from ona in of
e6rl:
is
and 71., alleged
eto
had
4eul.sitoodi.y, charged with embei.2:. c:no
not accounted. The 0..,"
tomers, and for which h
takenfendfirstplainttifftieinn-hcaustody, and heefittry
gavel3ow -tahtLet s a__ use, and —.a
wards to the Bow-lane (City) station. He 7,70
ant
to
the next morning, and remanded to tro
Lord Mayor
oaml I
ptneirg
until 'iltheew3ads otafkJenunbee, friorhespielb::9o
confinedotspur
ttrheeerte
c.
was again examined, but ultimately discharged. •••
Learned Sergeant said that the defendant, by so fl•
.--;00
judgment to go by default, admitted that he badg
the plaintiff in charge without any reasonable or P
bable cause. • the
not PARRY (for the defendant) contended that the
not amount to that, but merely to an admission -

trespass.
The UNDER-SIIERIFF held that, according to the Me
ofce
the pleadings, the defendant had admitted the f
an diolence of the fals p
e imronment.
r. Sergeant SEEEE then urisged that the plaintiff
entitled to large damages, for in such a case s sin 5.
amount would send him home labouring under the et'
picion that there was some reason for the charge• wati
Mr.
Goodman
called, and
the clerk at the Mansion•house.ee
produced the evidence of the defendant rho
on the examination of the plaintiff, and he swore thst_eci
had received information that the three sums mentioe
had been paid to the plaintiff. Plaintiff did not g° or
the counting-house on his return from his journetio,
send his journey-books. He (defendant) met the Poo
tiff a week atter his return in March, asked him wbYpo.
had not called, and he said he had been very busPeeptet
fendant told him that he had been to the Gr116:7001
Society to inquire after him. Defendant asked plaintiffto go to the shop and settle accounts then, but Ploy'
said he was going westward and would call the 11°,%,
but he did not do so, and on defendant meeting '-'l-1osi•
the 29th of Alay, he gave him into custody, as be 11
tivm. Goodman,elyrrefusedtog in cross
iveups
xa
omeesminampaleti-obn, O
ooke• t the
said aI, de.
plaintiff was discharged, as an account had be the
livered to the defendant, and it was held that ey it
plaintiff had acknowledged the receipt of the 122°1" bbd
took the case out of embezzlement, although beWit'
not actually paid the money over to hire. ee'
lames were present from the country on the sec °"0 boil
casion. Plaintiff would have been admitted t
himseif in 801,, and two sureties in 40/. each. risoh"
Other evidence was then adduced as to the i1111:1010 to
ment, and Mr. Roscoe, a literary gentleman, el)
of
the plaintiff's respectability. • • etio° a
Mr. PARRY addressed the jury in n3lllg
damages, and urged that plaintiff had never Cl
give 01/
wages or commission, and he had also refused to e,blia'
sample-books worth 304 He also urged that ti:T I Tbk'
tiff might have been discharged if he had got ba",,s, for
Learned Counsel considered that it was only a
nominal damages.
The jury gave a verdict for 51.
BOIW-STREET--(THIS DAY MoV
Henry Davidson, who has been remandedlFU7l;o, /00
day, the '22 I of December, on a charge of dirk,
James Quiller, law stationer, with a ip.ya ou rf,
morning of Sunday, December 21st, in __'final
eY
Strand, was brought up before Mr. Hall fOr
110
Watch L
amination.
Mr. Lewis, of Ely-place, again attended to
case on behalf of the prisoner.all
Qo
nu iel loetre
entering
whoseog
the
witnessh rid was
ho stillx 11
icoh,,..oie'leciotteue,
atselrnitnehgst?t, as he was now nearly restore,a 1:0.1 co. Lie
prisoner had expressed his regre,Grooteo
andma nadgi iiarstist raj:
t the
trition at allowing his feelings to have so ove „erect _9
in what was nothing more than a drunken ritb t 9
hoped the magistrate would deal summarily
"
case, and not send the prisoner for trial.