The Sun.
London, England, 1839-08-12 00:00:00

THE SUN, LONDON, MONDAY, AUGUST 12, 1839

Lord DENMAN summed up, and said that the de-
' ' - 1 —,-inefully caused the

fiedinpdHasnotnhthaveinntg
cialdmthiettepdiatinnatittr
then ';,tily--.-question for tut-
-Jury was the amount of damages; and whether the 30/.
Which bad 13en tendered was or iias not s4fibient recom-
pense for the plaintiff for what he had suffered. There
was not the least reason to suppose that the defendant
was actuated by any feeling of. malice, but it appeared
clear tha be._and his brother Magistrates; having to
deal with a doUbtful question, had 'conic to an erro-
neous decision to the prejudice of the plaintiff, and that
he had suffered thereby, and for this suffering he was
entitled to ask for a recompebse at their hands.
The Jury deliberated for a short time, and then re-
turned a verdict for the plaintiff.—Damages 451.

ROWLAND V. WILSON AND ANOTHER.
Mrs PETERSDORPF and Mr. WORDSWORTH appeared
for the plaintiff, and Mr. CHANNEL for the defendant.

This was ah action brought td reCcA7er doMpensation
in damages for injury which the plaintiff alleged himself'
to have sustained through the negligence of the defend-
ants' servants. The facts of the case were these :
The plaintiff was an extensive wholesale fur manufac-
turer in the neighbourhood of Hatton-Garden, and the
defendants, who were brother and sister, were omnibus
proprietors and job and postmasters at Holloway. The
plaintiff engaged of the defendant an open carriage and
four to take himself and party to see the Derby ran
for at the last Epsom Races, on the 15th May. The
carriage came according to order, and the party were
safely conveyed to the Downs ; but on their return
home the postilions drove their horses out of the
rank of carriages, whereby the carriage was driven in
contact with a post and upset, several of the party slightly
injured, and Mr. Newland himself seriously—his arm was
broken, and his head bruised by the fall. Another
carriage was procured by the defendant, and after me-
dical assistance had been rendered, the party returned
home. Mr. Newland, in consequence of the accident,
was unable to attend to his business for several weeks;
and it was for the loss and injury which he thus sus-
tained that the present action was brought, it being con-
tended on his part that the accident was owing to the
carelessness and negligence of the postillions sent by the
defendant with the carriage which the plaintiff had en-
gaged.
The LORD CHIEF JUSTICE, during the first examina-
tion of the first witness, suggested the propriety of a re-
ference, and after some consultation, the terms of refe-
rence were agreed upon by the Counsel.
A verdict was then taken for the plaintiff, subject to
a reference.

PATTISON V. ROBERTS.
This was an action for false imprisonment.
Mr. CHANNEL and Mr. PETERSDORFF appeared for
the plaintiff, and Mr. PLATT for the defendant.
This action arose out of the following circumstances :
The plaintiff, who was the clerk to an attorney named
Wilson, was sent by his employer on the Ist of June
last to the office of the defendant, who was also an at-
torney in No. 1, Child's-place, Temple, for the purpose
of paying 123/. 155., the amount of debt and costs in
an action in which the defendant's client had succeeded ;
at the time when the plaintiff reached the defendant's
office, the defendant was not there ; but when he did
arrive he found the plaintiff together with his own clerks,
named Williamson and Smith, in a state of intoxica-
tion, and one of them lying on the ground behind the
desk in the office. Upon inquiry for the money which
he expected to receive, he was told by the plaintiff that
he had paid it to Williamson, and the plaintiff produced
a receipt for the amount, which he said was paid in two
notes of 501. each, and a bill of exchange for 221. 15s.
Williamson denied having received it, and therefore the
defendant sent for a policeman, and desired him to search
the clerks, saying that they must have it between them.
They expressed no objection to being searched ; but the
policeman refused to search them until some charge was
made against them. Mr. Roberts then gave them in
charge, and they were taken to a station-house in the
neighbourhood of Fleet-street, when the charge of
stealing two bank notes of 501. each, and a bill of ex-
change for 22/. 153., was entered in the book kept for
that purpose. Upon the prisoners being searched no
property of any value was found upon them ; and after
some altercation between Mr. Roberts and the clerks,
the former, on being pressed by the inspector to say
whether he persisted in the charge, withdrew it, and the
prisoners were discharged, after having been in custody
about two hours.

POLICE IN T E LLIGE

The witnesses for the plaintiff consisted of the po-
liceman, who took the plaintiff and his companions into
custody, the inspector, and keeper of the station-house ;
and also of a barrister, who went to the station house
to interfere on behalf of the plaintiff.
Mr. PLATT addressed the Jury on behalf of the
defendant.
The LORD CHIEF JUSTICE, in summing up, told the
Jury that they must find a verdict for the plaintiff, be-
cause there was no doubt that he had been imprisoned
without any ground. As to the question of damages,
he would only observe that Mr. Roberts had proceeded
rather summarily against the plaintiff and the others,
considering that there could be no danger of their runn-
ing away, and especially considering the very disgraceful
state in which they were at the time. He might rear
sonably have expected that when they came to thei-
senses they might have been able to give some better
explanation of the matter. Whether the money had
ever been found, or what had become of it, did not at
all appear from the evidence. However, that was not
the question for them ; all they had to consider was,
what would be a reasonable compensation to the plain-
tiff for the imprisonment which he had suffered.
The Jury, after a few minutes' consideration, found a
verdict for the plaintiff—Damages 51.
Both Courts were held in the Town Hall. Lord
Denman sat up stairs, and the Lord Chief Justice Tin-
dal in the hall below. The Learned Judges rose at
about four o'clock.

Beards, coal-merchants, in Earl-street, Blackfriars.
Witness received there a note, which, by the directions
" had received, he took to the prisoner at St.
, ^ The prisoner then desired
Kathefitle't '-";nal entrance,
him to go and fof itt the ' -
and aftet abO,iit a quarter
.91 an hoiif; he Clime
him there, and gave bitn a elieat to that
had before got cashed, except that it was for d 701.,
and desired him to brillg back a 3001. note and 79 so•
vereigns. , lie presented the check, and, like the last,
it was paid ; and oti his taking the money to the pri
soner he sent him to the Bank of England to get cash
for the note. The prisoner then told him that he shad
not want him any more at present, as he was going out
of town, but took dOwtt his address, in order, as he said,
that he might write to him, and gate hitn 11. 2s. 6d. for
his trouble. lie subsequently received several letters
from the prisoner, dated Kingston-on-Thames, excusing
the passage
at ten o'clock, when,
from St. James's
himself for nOt employing him, but never saw him again
met him. lie called a uapsnathri
Park
w
theinat
into
previousppaaslirg m Pall-mall,
(Friday) e
consta-
ble, in obedience to directions which he had received
from Forrester, the city officer, and went up to him.
On his addressing him the prisoner appeared confused,
but said that he would explain all to him if he 'would
send away the constable. The latter, however, ad-
vanced and took him into custody, and was carrying
him away to the station-house, when he suddenly made
a bolt and ran into the Park down the steps. He was,
however, pursued, and when witness saw him again he
was in custody at the shop of Messrs. Farrance, the

confectioners.
Mr. T. A. Rush, cashier to Messrs. Drummond,
proved that he had paid the first check for 3001. The
imitation of the signature of the firm of John Marshall
and Sons was excellent.
Mr. Beaumont Marshall stated that he had carried
on business as a tallow-melter, at No. 181, High Hol-
born, under the firm of John Marshall and Sons, in
which name he usually signed checks. The checks
produced were forgeries. He kept an account at
Messrs. Drummonds' banking-house.
Mr. Bush said that he was unprepared now th
wi any
further evidence against the prisoner, and applied that
he should be remanded. Independently of those cases
which he had already submitted, there was another
charge which would he preferred against the prisoner.
The prisoner, in answer to the charge, denied that
the checks were in his hand-writing.
Mr. MINSHULL remarked that the charge was one
of feloniously uttering the checks, and remanded the
prisoner for a fortnight.