The Sun.
London, England, 1808-07-08 00:00:00

LAI, REPORT.

COURT OF KlNG's BENCH, I': LY 7.

HODGSON V. E.ILVINGfr6N.

...This a,:tinn\ tor au occasioned by
the barking of a small dog belonging to the Plain.

tiff. It appeared that the. Plaintiff was a butcher.,
near. Lock's-fields, and that Mr. Kilvingtoti, the
Defendant, was passing bv, in company with his
sister-in-law, when the flaitititrs dog barked at
them, when the Defendant; who was armed with
a stick, not only. strucksthe dog, but its master.
Hodgson upon this drew out a large clasp knife
from
_his pocket, and, pursuing the Defendant,
threatened to put bitn to instant death, but was
pursttaded by the surrounding crowd not to put
his threat into execution. • The Defendant,. how-
ever, not.conlented with what he had already done,
gave the Plaintiff a violent blow over the head,
which occasioned a violent effusion of blood, ,and
a fever for 16 days, so as to prevent the Plaintiff
from pursuing his business for a considerable length
of time;

The Jury found a rerdia fur the Plaintifr, da.
mages 501.

NORTH V. MILES.

Mr. PARKE,, for the Plaintiff, stated, that this
was an action of rather a singlar nature, it being
brought against the Sheriff of Middlesex,. Sir Jo-
nathan Miles, to recover damages for not arresting
a person of the name of Bromley,- an attorney, who,
during the last Middlesex Election, was acting as
an Under-Sheriff. Mr. Norlh..the Maintifi, was a

Gentleman residing at Malden-upon-Thames, in
the County Of Surrey, to whom Mr. Bromley hap.
pined :to become a neighbour. .Mr. North, not
knowing Mr. Bromley so well as others did, ad-
vanced him,
,in 1801, 2001. upon his bond; and,
upon
,the sth of January, 1803, another 2001.
upon- his promissory note. The circumstances of
Mr. Bromley being an attorney induced the Plain-
tiff to place greater reliance on the securities he
had Obtained ; but he was grievously disappoint-
.ed in his expectations, for Mr. Bromley failed in
all his promises of repayment and placed his reli-
ance upon the Ad which exempted attornies of
this Court from arrest'. By a very wholesome Act,
-however, even attornies, when they acted as Under-
Sheriff's, were deprived of that privilc:ge, and were
liable to be arrested. Accordingly -the Plaintiff
took the opportunity of the last Middlesex Elec.-
tics), when this Bromley was- se:ling in that capa.
city, and employed a Mr. Lee to procure a war.
rant against him.---phis writ was issued on the
.2th of May, and was returnable on the 29th of
that month, it being notorious that Bromley was
to be every day at the hustings at Brenttord. This
writ. 4.as delivered to a Mr. Leach, a•Wiiiii; to
ecuie ; but be negieded to do so, and; upon being-
reprimanded for gross negligence, stated, as an ex,.
cure, that this Under-Sheriff had threatened to
suspend any bailiff vt ho would dare to arrest him,
and said he would- not do so, unless the other
Sheriff, Sir. James Branscomb would indemnify- him:
In this case there was therefore a total 10a.5., as Brom.
ley had now ceased to be Under• Sheriff, and: was ad,-
thg as an attorney, althoug.la nobody knew wirers
be was to be found.

Mr. Smith, who aged as agent to Mr. Bromley
during his Under-Shrievalty,, in /Way, 1807, proved
bis.hand-writing, and his embarrassments at that
period. He seldom saw him. at the elet'.tion, but
frequently had occasion to call upon him, at his
house in Southampton-street,. Holborn, where he
was frequently denied. During part of that month.
too Mr. BroMley was in Devonshire.

- Mr. Richard Luck, clerk to Mr. Lee, the Plain.,
tiff's agent, proved tile direalions given to Mr.
Leach, the Officer, as to the warrant.
_ _

Mr. Kater, of ilia Sherid's Office, proved that
the warrant could not be found in the Office, al-
thwlgh stria search had been wade fur it amoupt
the unexecuted s.varrints.

, Mr. Leach,
,the Sheriff's Ocer, said he had not
seen .the warrant fur these eight months.. He bj-
lieved it must have been. returned amongst the un-.
executed warrants. He certainly did Lecolied •of
having had a.,warraut against Mr. Bromley, and he
Went. to the Middlesex Election upon the 21st, and
two or thr.ee following days, in search of him,, and:
also to his house, but he could not be found. He
was the bailiff employed by a Mr. A. Smith, whom
he .understood to be agent for the Plaintiff. He
had never clone any business for Mr. Lee. - He met
Mr. Lee one. day, and told biin.he could not meet
with Bromley, although be had done his best ; upon
which Mr. Lee onserved• to him,. " renew' the
writ." Ece did not recoiled having said to.the
Witness, Loa, that he dared. not 'execute the writ,.
on account of having ..been threatened try, Bromley,
with suspension. It was not, therefore, twin any.
appraension of that moire. :hat be had not exe»
cuted it, but [nerdy: from not being able to find.

Mr. Eater idded, thit he had been at the Elec.
:ion every ',lay, but con;cl only swear as•-to. Mr,
Bromley having been present on one occasion, be-
t\%F.ten the ISS Mid I.:7th of. May,. Sir inhathdll
Allies and Sir James Branscotnb were prebein upotr
anost measious.

Mr. Leek was again called, and sworn as to the
conversation he had %vitt, Lead), in which the rea.
son assigned tor the non-execution of the warrant
was" the.. that held out by Bromley as to the sus-
pension of any &did' that would dare. to execute a
writ agAinst tow.

Mr.Atexander. Smith deposed,, that he bad afted
as. 1116 friend of Mr. North—had recommended him
to Mr. Lee as an Agent, and lhid also, reconnueuded
Leach as,the U.i cer oo be employed. He bad had
a conversation with Leach upon the subject of this
arre4, alid begged bin] :to use even/ endea, our, to
arrest .thuitiky, as both Mr. riot h and ivlr. Lee
weretrusting ,to him. He was rather inclined to
thick :oat this ()dicer slated to him the. threat
that had been held 061 by 43runaley upon this oc-
casion. .
_ . _

Mr. Shepherd, another Officer who had attetickd
the Nliddleses. Elettion, stated, that he had out seen
Mr. Bromley there above once or twice. He had
also a writ against Bromley, which iie iu Vain Cljtk,a.
Vi3ltTrd to execute againit:itim.

- ATTOII Y NEIL% L . then addressed the

Jury on the part of the Defendant, Sir Jonatha9
Miles. He said this was nothing but a scheftie of
Mr. North's, to make the Sheriff of Mnititeiei ha-
ble fur a debt of which he could not otherwise have
received a farthing. He and his agent had laid the
scheme pretty deep, by seizing the opportunity 01
Mr. Bromley acting as Under Sheriff, knowing his
insolvetiey, and at • the same time employing Mr.
Leach as the Officer, a person never employed by
Mr. Lee upon any former occasion. This case was
ditKrent from those which might occur in-
places
where there were no but bound .Bailiffs. He
wished to call the attention of the Jury' to ttie sit ua-
lion of the Sheriff by such a proceeding—the Plain-
•tiff seleds his own Officer, and yeratdeltroured,
by the neg,ligence of that Officer, to render the
Sherd liable for the debt, This appeared to him -to
be extretnely hard.upon. the Sheritf,.as it was laying
him open to actions of skis sort, and rendering him
answeratle for every claim of debt that might,• un-
der sitniffir circumstances, be. laid against an inso;--
vent debtor, without affording him the possibility of
redress. The Officer was a person who bad been ap-
pointed somewhat against the will of the Agent for
the Plaintiff ; but, at' ny rate, the other Officer; Shep-
herd, having other. writs against Bromley, and not
being able to get scent of him, rendered it probable'
that Leach could not have succeeded, even although
no neglect could be imputed to him. It had been
pruvei that Bromley could neither be found at the
eledon, nor at his house at Southampton-street.—
Besides this, it had been proved that Mr. Lee had
expressed himself pertealy satisfied with. Mr:
Leach's caudal up to the return. of the writ, as he
said the only alternative was to -get the writ renew.
ed. it was perfectly incredible that any threat of
suspension had been held out to this Officer, so aa
to prevent him from doing. his duty or that he
could have com MUdll cated any such thing. to Mr.
Lee's Clerk, for then Mr. Lee must have known it,
and, knowing it, he could not have been doing his
duty to his Client, nor ailing honourably towards
the Sheriff, in not coinmunicatnlg the ciiewnstaime
to them. The case, however, could. not depend,
upon what Lcach, had said, but upon what he. had
done, or what he bad emitted to do. The Plaintiff
was just where he was before, as. he could not have
Metered any thing trout his debtor, who was insolv-
ent. Supposing that this Under Sheriff, Bromley, had
held out the alleged threat, was. it to he supposed
that he bad the power to carry it into .execution 4 or
that the Stieriffs themselves would have
_sauetioned
such a proceeding ? Upon the whole, he beiievett that
it the Jury could be induced to fwd. damages, they
would be only norninaL

• Lord ELLEWBOROUGkI, in addressing the Jury,
observed, it was certainly thu duty of the Shet:if of
Middlesex to employ, men as liailitill whom he
deemed. worthy of confidence, and he was respon-
sible for them. In this case, where a writ had been
issued upon a 2001. promissory note, a person bad
been employed in whom the Shelia seethed to
place peculiar con6clence.. The question therefore
entirely. turned, upon the degree of dihgence. which
they were of opinion this Bailiff had used in execut-
ing this writ. If -they thought he had had no op-,
portunity of arresting, this Mr. Bromley, either at
the imstings or at his house, then the Sheriff could
not be =demi liable for damages sustained. If
otherwise,. Ihetattus question was, what amount of
damages should be given ? These were .to depend
upon the allualdegree 01 loss sustaine4 by the Plain-
tiff, and-the degree of probability Of his yet. having
an opportunity of recovering the-amount of hi,s, debt
from the original debtors
The Jury returned a verdi4—damages 2QOI.
Ra.t.raELfus v. TI'LLETT.
The Rlaiatiti was described as a German DoEter ;
the Defendant the Landlord of the White Lion pub-.
-lie house, in White Lyon-street, Whitechapel. It
appeared that, the Doctor, about ten o'clock at night,
ao the 31st of March last, took a Lady to the De-
fendant's bar, ant treated her with a glass of rum,
and as he wished to pledge her in a bumper, chose-a
gill of red wine for himself. The Landlady charg-
ed 7d. for the Inner, which the Doctor objected to,
and swore by all the Saints in the Calendar, that he
would only pay Gd. This produced an altercation,
and the Defendant sent him to the watch-linusen
where he was kept till the following day. Itwas
for this assault and false imprisonment that the ac,
Lion was brought. It was, however, prove..diu de-
fenceohat the Plaintiff was extremely rk)tous in the
Defendant's house, and as he was bound to the ut,-
most of his power io prevent a disturbance with a
view of saving his licence, he gave the Plaintiff
in charge. ord EL LENBOROUGH suggested tbg
propriety of withdrawing a Juror, which was acced7.
ed to, and the parties left to pay their own costs,

COURT OF EXCHEQUkR,, jut,/
THE HMG V. CAWISTON.
This was an information filed on the part of, the
Crown, to recover penalties on certain, quantities of
Brandy, Rum, and Geneva, smuggled into this Cow,.
try by the %Defendant, without payment of the
Duties,

The Sotactroa-"Gatetaat, for the Prosecution,
stated; that the Defendant was a Wholesale Dealer
iu this illegal traffic to a very. considerable extent.
The present information was filed to recover Penal-
ties to the amount of upwards of 301. as the single
value of cargoes of spirits smuggled into the county
of Norfolk in four several trips'made by the Fox cut-
ter, the Defendant's property, to Holland and Slush-
ing, and wick 10 this Country, of which cargoes, it
would be shew ~the Defendant took the charge be-
tween the hark est of 1805 and the end of the year
1806. The Crown had aced in this case with un-
'merited clemency, for instead of charging the double
value, as it might have done, it had cuarged only
the single value, and that too a reduced one, namely h.,
1 oi. per gallon'; whereas it would be sliewn, that
the actual vain* of etch gallon was Ws. and t Bs.
Again, instead of estimating each cargo at its aCtuial
qu•ttrtityof 2000 gallons, they had been linikett to
.500 gilliuns each.

A seaman who had received J. per trip from the
Dzlendaiit, and several per,ons who had-been pilr•
chascrs of part of his cargoes, proved the Case flit
the prosecution as so brandy and geneva.
Mr. Cotvpsotv SettJEANT argued, that the wit-
nesses fur the prosecution were not entitled 'acre-
dit. The principal witness had first denied that he
had ever served in the navy, but was afterwards

obliged to confess his own infamy, in being not
only a smugler, but a deserter from the servic,t of
his country., The other witnesses were all lain ed,
to a greater or less degree, with the same specie; of
discredit ; added to this•circutustatice, that the in-
t Urination had not, by any of them, been giveu re-
cently atter the supposed; tonsgres.ion, vvheuthe
Defendant might have been prepared to answer the
charge.
The tom Coos' B A R,ON, said, if one of the
Witnesses lied abandoned the service of his. Coun-
try, a pretty strong- inducement to his doing so
seemed to. have, been held out by the Defendant
himself,. who bad offered him 81. 6r-a trip,. which
might occupy .a tOrtilight„ Whereas, in the navy,
he could only have 51. a month. it was principally,
through th 6 information of parties concerned that
this very serious offence could be detected. Such
persons, therefore, were Out to be esteemed incom-
petent. witnesses. ,

- The Jury found a verdict for 2501. the sipglevalue
of thea-andy and Geneva, no iluiu being sworn tO..

COURT. OT COMMON PLEAS. juLY 7.
SITTINat AFZER. Tltlit,ht;nerOßE SIR tAbIES MASSE' Itl.ll.

CHITICO v. 'S'IUGUT.

This was an action to, recover under the fol-
lowing circumstances : the Plaintiff, who is a foreign-
er, native of a Greek 'lsland in the 11.elediteaa*oii,
came toEngland some time since a,;. Consul General
irilm the:Grand Seignior. In consequence t.tf the
political events which lately happened 'in Turkey,,
when the-Sultan Seliin was d-p.osed, he ceased to he
an :accredited-Agent of the. Porte, became greatly
embarrassed, and was, confined in thy King's Bench.
He had rectly.ed pecuniary relief from _two persons
named 12°Ozeyi and Tucker after which he was
compelled to sell the.lease:of his house and, furniture..
The Defendahr, who is an auetioneer, was, ernpl4ed
to sell the hoUse and f,..s.tures, which sold. for 2881.,
The Defendant, on his way to the 'King's liench„
with the irroduce of the sale, stopped of the St.. Paul's
coffee-house, where the property was. attached by
Tootiey itil the Lord Mayor's Court. A second attiCh,
ment also took place for 52.1. lathe snit of Tucker.--
The Plaintiff then requested the balance,,, and a di,,-
pute arose about goods of the value of 4,41. which. had
been bought in. The De4.ndant offered to pay for
the goods in question if Mr. Critic°. would consider-
thew sold; but the attorney had no instructions to that
effee, and no settlement took 'place. The Plaintiff
then brought this action, and the Defeodkiut tender,.
ed t 11.74.

Mr. Serjeant SHEPHER., for the Plaintiff, can
tended, that the Defendant had, not rendered a fair
account, and that his diem was entitled to recover.
After much time had been expended in: the inyesti-.
gation of the 'accounts, it appeared that the Pcfend~
ant had. charged 'per tentage for the goods bought in.
for the Plaintiff, contrary to custom, and the-tender
he had made was conseyaently defieierit. The Jury
found a verdi& for the Plaintiff. Damages 31. tfts.
9.d.. The trial laited nearly all day.

Sttocx.rwo, A CClllENT.—Yesterday afte.rni.nn as
the servant of Mr. Mann, builder in Piccadlly,‘t'as
driving his master's eartond sitting on one of the
shafts, through Upper George-street, Edgware-toad,
the horse toot( frizht, by which the man fell,, and.
One of the wheels passing directly over his bead, he
was killed on the spot. This another melancholy
instance of the necessity, of preventing cart and wag-
gon- drivers from sitting in. this position.
- A few days ago Mr. Berwick, formerly a grocer-
itt Fair-street, HorSleydown) went into an apothe-
Cary's shop, and asked fora gill of spirits of vitriol,
The Shoptnan brought the-bottle containing it, and,
laid it on the counter, .but whilst he was turning
round Jo get a phial to hold the gill in, Mr. B. seized,
the opportunity, and swallowed a great part of the
deleterious liquid, which caused his death in a:few
h(airs in the greatest agony. 'A Coroner's Inquest
was held on the body, :and- returned a, verdia
Lunac. •
A man was taken up last'week, at Birmingham,,
who had committed various footpad and_otht;r rob-
beries in the vicinity of that town. ft *since ap,.
pears, that about: eleven o'clock on the day before
his- being taken into custody, he stopped Mr. Pot-
linger, by.the the side of
;Moseley Park-wall, and.
robbed.him of his watch and 111 one)% • Information
was immediately given to Mi. Payn, who, .on Wed'
nesday se'nnight apprehended William Mod, aged.
23,. This ova had been aAuspiciclus chara6ter; and
hitherto eluded. Mr. Payn"a.most indefatigablosearch.*
He has since been, sworn to by several person's who
have been robbed; and otherwise ill-treated, in the
counties of Warwick, Worcester, and Stafford ; and
on Monday following he was fully committed on
very heavy charges, viz. forroblaing Mrs. and Misses
Whitmore,' near Aston -Furnace; for robbing Mr.
Borini, the optician,, of Moor-street, on his way to
Dudley;. and
.for robbing Mr. Pottinger, as above-
mentioned. On Tuesday se'nnight Wood was safe-
ly lodged in Warwick, county gaol by Mr. Payn.—
We understand, however. that he would have been.
Sent to Worcester, on the charge of robbing Mr.
Pottinger, near the lurk-wall,, but, added to -his
other atrocities,. be had committed two rapes in the
panty of Warwick,. for which, he will have to an,-
sWer at 'the ensuing Assizes. A weapon,, of a dread- •
ha nature, with which he is understood to have. per-
formed his depredations, was found near Srneth-
wjck, ankl is now in the possession of Mr. Paya..-
it will be prodUced in evidence against him ; 'it is a
stick, about ball a yard in length, with more than
half a.poutid. of lead at. the top. We congratulate
the.public on the apprehension of such a daring vii-
lain, a* open day did not prutcd the traveller, par-
ticularly tPruales, from becoming the objects of his
dePretlation. •

Yesterday morning, in Fleet-street, a soldier,
the guise of a coal-poi ter,.otreaded at the arch Viva,
city of a school- boy, about twelve years old, rushed
upon the lad, seized hint by the leg and arm, and
threw him against. the ground with such barbarous
violence as left hint senseless. An Irish Gentleman,
named MURPHY, who was passing at the moment,
reproved the ruffian for his barbarity, who,, instead
of sliewitiv any sense of compunction, dared hiin to
fight. M tiff iniy, Ihuough not a protessor
Accepted the challenge, and. gave the fellow„.
in bye minutes, so. severe -a thrashing that he oried,
out for mercy,