The Sun.
London, England, 1808-12-14 00:00:00

.i.,:1 1P Ri,?PURT:.

COURT OF KING'S BENCH, Dee.

lOLF V. FRANCO; ,!.'"
This was an action to recover damages for an as-
sault and false imprisonment.

Mr. Gmutow opened the case, and stated, that
the plaintiff was a respectable Gentleman, a Star
goon in the East India CoMpany's service, and:re—
sided at the Grecian Coffee-house,. when in Lon-
dots. On the evening of the 2bth of May, he went
to the Haymarket Theatre, accoMpanied by two
friends and his brother---'they were in ,the upper.
boxes. When the play was half over, his, brother
and friends left him, with a promise to breakfast
with him in the morning. He went into a
.lower
box, and sat there some time. On his coming
into the passage, the Defendant told the Constable
that the Plaintiff had robbed him of his gold snuff-
box, and ordered him to take him into custody,
to search him, and lodge— him. in the vVatch-
bouse. The Plaintiff offered to refer him to Fe,
•
yeral respectable 'persons who would come forward
and7ktouCh for his good chara&er, but, he would not
listen to him. Another person came up and charg-
ed the Plaintiff with stealing his purse; but it after-
wards ap, eared he had never lost is. A Gentlemen
happening to pass by, of the 'name of Strachan, who
holds a respectable situation in one of the public
offices, the Defendant charged bun with being an
accomplice of the Plaintiff, although they were en 7
tire strangers to one another, and had him. also
searched; after which he allowed him to be
dis-
charged out of custody ; but the Plaintiff was kept
in the watch house all .night, and brought up ,the
next morning to Bow-street Police-Orlice„ I.he
Learned Counsel contended, that no man ought
to be allowed so. sport With the honour and' kel-
ings of another individual and he called upon the
Jury to give such a verdict as. would prevent other
persons from daring to attempt such an outrage.
He then proceeded tb eXamine witnesses.
.Rolf, brother to:the Ylaintiff, deposed, that
on the evening of the 29Th Of May he went' with his
brother and two Gentlemen :to the Little Theatre,
Haymarket; the house. was so crowded, they could
not get places; IleAlretrt away early,- with the two
Gentlemen, and ktt his brother behind ; they
misea to. breakfast with .him in the morning at the
.Cireelan Coffee7house 3 they went there according
•tq appointment, but found the Plaintiff had not
CQIII home dpring, the night ;, he afterwards. learned
he had been confined in the .watch-house..

Joseph. Gregory, -Constable rof the 'Birish of St.
James,• deposed, that he, attended <the Theatre to
keeporder ; on the 2gth of May, abotit ten o'cl&k.,
he was called by one of the box-keepers; who told
him the Defendant wanted him ; lie went to the
Defendant, who informed him that his gold snuff-
hex bad .been .stolen, and• that thete --were-two men
in.the box, one of, whom must have. it ; the Witness
looked through*the: glass. in the box deer, end the
Defeodant pointed put Mr. Strachan as ;one of
them; the Plaintiff was standing en' -the lobby,
by the next box door.; the Defendant c si;..ed hitri
he knew him ? The Witness an wered -in the nega-
Live ;-when Defendant said. he was positive he. was
one of them ; Witness asked him it he had beet'; in
a situation' to have put his liandin his pocket ?
said no, but he might have received it ; the Wit-
ness went up to the Plaintiff, andlisked his name,
who demanded why he inquired.? lie informed
him, and gave him into custody of his brother °di-
cer, to take to thelitox-office ; he then went into
the box, and brought Mr. Strachan into the otfiee ;
the Defendant and a Gentleman whO said he had lust
his purse, but who afterwards found he was mis-
taken, desired him to search them; he did, but
found nothing on them, except their purSes, with
some -money, such as Gentlemen generally carry.—
The Defendant ordered that Mr. Strachan should be
liberAted, and that the-Plaintiff should be taken tO'
the watch-house. The Plaintiff mentioned the
names of several Gentlemen, for whom he would
send to vouch for him, but the Defendant would'
not listen todiirn. The next morning he was,broUghf
up to the Felice Office, and discharged:- The De-
fendatit did offer, at the Police Office, to make any
apology to the Plaintiff that he should require, and
to pay any, expences or give any compensation he
thought proper.
Lord EeecNntittou6n observed, tkat he thought
it was unnecessary for the Plaintiff to go any for=
ther into. the case, as it was already proved. The,
circumstance of the Defendant having -acknow-:
ledged that the Plaintiff had not been in a situation
to put his. hand in his pocket Was quite sufficient. '
Mr. PARKE, in defence, 'stated, that it inns the
wish of the Defendant to have it understood that .
he did not attach the least siiSpiciOn to the chat aeter
of the Plaintiff; that be believed him to be a Gen-
tleman in every sense of the Word; He was even
then willing to ivakeany apology: the Plaintiff might
suggest; but at the same time he trusted the Jury
were convinced that the 'mistake did not origirute
in any malice to the Plaintiff. The Defendant cer-ei
tainly lost his snuff-box, and in his anxietl to reco-
ver, it was not so circuinspeo a,-; he might
.have
been. If the Jury were to give large damage's in
this case, it would be only encouraging depreda-
tors ; for an honest man, if robbed, would be
to charge the person whoM•he suspee-ted ; and the
well-meaning part of the public must be deprived
of the innocent entertainment of going to a ;the-
atre. He trusted, therefore, they would only gild
nominal damages.
Mr. Omotow replied in a most eloquent.speech.

Lord ELLENBOROUG*I, sumtottd up tl.;; evidence,
and observe], that it was not likely that, any thing
done in that Court could give encouragement to
depredations on the. public. , There was a certain
point the Defendant might have beery justified in
going to, that was, to search the Plaintiff, but 110
farther. If he had stopped there, his condu6t would
have been correct : but for the .detention and the
imprisonment afterwards, the Jury must give a
compensation.would take into their consi-
de apology
gleyfhe Defendant had made, and
rationtiie
also that there bad been nothing malicious in the
transaction.

The Jury consulted for a kw moments, and gme
a t•erdiet for the Plaintiff—Dlinages 40. with costs.