The Sun.
London, England, 1808-06-04 00:00:00

LAW REPVRT.

CANTE.RBUR Y, MAY 30.

311”G435, NYTD,OW; S. r.GERTON DIViDGES, ESQ.
This, was a Writ of Inqpirys to ascertain the da-
mages in an. setion of trespass.
• Mf. WitATISLAW, the Plaintiff's Solicitor, stated,
that the Plaintiff - was the widoW. of the late Rev.
Ldward Tyme well Brydges, of Wootton Court ; the
Defendant, the brother of her deceased husband.
He regretted abet is the discharge of his duly he
• should be compelled, to make some observations,
which the DetendOnt Might consider harsh, but he
was persuaded the Jury- woold concur with him in
thinking them warranted by the unjustifiable con-
duet .01 the Defendant. On the 17th of October
last Mr, Brydges died, leaving the Plaintiff -in' pos-
session -of the • manor, mansion-house, and park of
Wpotton, having male no will the Plaintiff had ob-
tained letters of administration. lmmediately after
his brother's death, the Defendant commenced
scheiue by which he thought to intimidate the Plain-
tiff, and obtain from her by menace that to 'which
I he had no right whatever :- whilst the remains of his
deceased brother were yet unburied, fist:getting all
that fraternal affedion, he should rather Say .all,com-
mon decency, required, he deinanded of the Plaintiff,
in a manner the most unfeeling, the immedisite de-
livery of all the deeds and papers which his brother
had possessed. She consulted those hi whose judg-
ment she confided, and peremptorily refosed to coin,
, ply with his demand. Since that refuial, the most
I gross abuse, and violent, though futile, threatS bad
beenjesorted to by. him, fer.the attainment of his
ultimate ohjed, but all failing, he took other mea-
sures which it was impossible he court justify.
On Saturday, the etitili ht.:November, he went to
the Plaintiff's house with his Bailiff during her es-
settee, and with him and one Marsh, a labourer, to
the Pei k, and took .up a turf, declaring he Lad taken
. possession of the estate, which he desired Marsh to
recolleet; as he would probably be ,called on 4.s it -
e, itnesS; he afterwards went to Mourillyan, a
tenant of the Plaintiff, -and desired him not to pay
her any rent, if he did so, he would be subjea to a.
distress, lielthe l'eelendant) being legally entitled to
the estate; this verbal notice he tamed -up with a
written one ; he then told the Plaintiff's Bailiff,
that if he ventured to put any stock upon the
estate, it would be impounded,
,as he had taken
possessien. Afterwards the Defendant's horses were
put in the Park, and on his Bailiff being desired
to take them out, he refused, alledging, that his .
master had taken possession. A written notice was
served on the Defendant •requiring him to remote
them, which he negleded to do forseveral days.—
HewaS sorry. that :the Bailiff could nut attend be-
fore the Jury ; he had•beetr-sullptened for the Maio-
tiff, but a medical Gentleman certified that he
could not attend lie had no wish to esdjuurn the
4004, as it would add to the expenses; but uniess•
it was Omitted for the .Ddletitlaot, thiit the horses-
were put in by his order, and that the Bailiff had di-.
rections not to take them out„ he feared there would
be no metins of. evoiding• another meeting; hey
should,• howevet4, go into the 'evidence, and, if he:
&Mid, wotild close the business. They won ii, per- •
lrops, be told the Defend:ea took poSs.sssioe ot the
property Under a mistaken idea of his title to it, aid'
heliad no doubt the DefehtLiut would e!idtNivour
to palliate his conduct by Such an excuse; this
however, could not avail him, for he had not the
Cll least shadow of right, to it, being a Trustee in the
I marriage settlement, whieh wits the ibniniation of
the Plaintiff's title. 01` the terms orthat instru-
ment he Could not he igherant. He'hed allowed
judgment'. to go by default, fioni .a thorough con-
. vietion iv his 'own'mind, that lie laid
,net the least
pretence for his absurd proceedings, He
;under-
stood the Jury would be told that the horses strayed
. into the park, witheut the Defendant's knowledge,
but he could nroVe the cOlitrery'cif this, and if POll-
- lips the Bailiff was present,',had little doubt that he
would admit that the Defendant ordered him to pat
them in as a farther at of oWnership. In addisioe
to this, the notice served on the 18th ,of peeember,
and the ,subsequebtlycontimiedarespass, would he
sufficient to disprove the De:endstalsissertion.
The motives for the Defendant's vexatioise con-
:- dud towards the widow of his poor brother could
only be the gratification of a malignaet, and envious
disposition, unable to restrain' itself.' within the
hounds
,ot propriety ; a Malevolence. towards the
Plaintiff which had, on many occasions shewel itself,
and which, had not its operations beets elks:kW in
their progreSs.,might have induced hint to have gone
greater lengths; action had -not herd brought
• unnecessarily,, the Plaintiff would willingly !.:e&
'avoided it, she had no de'siredo_add distress to •
tress, and knowil4 'the Deleodant's situation,, of
course had not the least desire to deriie any pectini-_
;try emolument from this aelion. She slid des,.
sire, however, to convince the Deferident that, he
could got secure himself in the usnrpation of her
legal rights, nor insult and abuse her with imponify,
against which her objed was for the future to pro-
tect herself, It he has! .been 'entitled to the.eState,
there was g proper time, and there were proper
' reeasures for obtaining it ; but he chose' to put'•:'
sue an • unwarrantable course of proceeding, to
annoy and distress the and lower her
in the eyes of her peigithourri, and begged
leave to re Beat (as it WaS most important)
that the Defendant, if be did.'not, ought at least.;
to know she .was adkintlebly tenant for life in
po,session, under the 'Settlement in whichhe was a
I"rustee. The Jury, he perceived,lelt the condoet
of the Defendant as it really Was, and he might ass
front them heavy damages,, tint he' was anxious they
should'imilerstand his client had no vindietiveinten
Lions, no motives of mean retaliation in the adoption
of legal measures ; all she' asked was, that they
should confirm he- right, which the Defendant -had
been compelled to admit ; • and-site would be fully
satisfied by be .buroiliating concession he had made
by eutlering judgment in default, and in receiving
their Verdict for trifling damages; not beearnoahe-
eonceiveddhe Injury and insult intended by the De-
fenctaul to entitle hint to her lenity, bta because she-
scorned to follow his example, and preferred for-
bearance to oppression ; and I trusted the Defend-
ant, impressed: with her conduet• when confraded
with his own, w quid abstain from fottireaggressions.
Mourillyan, Richard Upgers, and Thomai
Marsli, were called as witnessea, and supported the