The Sun.
London, England, 1801-08-18 00:00:00

ESSEX ASSIZES.

CHELMSFORD, juLy 23.
BEFORE SIR NASII GROSZ.

WILKINSON V.

Mr. Serjeant -BEST; said, this was an aCtion t 6
recover damages for false imprisonment, and if the
fans stated to him were true, it certainly was a
Very serious case, and the-Jury would not do-that
whichfjustice required at their hands if they did not
give very exemplary damages. The Plaintiff was.a
respeEtable tradesman in London, and had' been ap-
pointed assignee of the estate,-alid effeCts-of an insol-
vent person of the name of Fox, who had been made
a bankrupt.• Fox was possessed of some lands ad-
joining the farm occupied by die Defendarit: It had
been represented to Mr. Wilkinson, that in conse-
quence of she- Defendant's having obstru&ed a water.'
coarse great injury was done to-the land which be-
held as assignee, and he determined to go-down and-
examine the place.,_ He went with his co-assignee,
Mr. Barber; and it was necessary in order to. exa-
mine the nature of the obstruction, to go over the
Defendant's land; 'but the way by which they passed
was a public path-way„ by, Which all persons•had
.k a right tO-go. After they had passed along this road
in a single-horse chaise, and had satisfied themselves

as to the .objea of their journey, the-y- proceeded to
return, but were much surprised at finding them-
selves stopped by.the Defendant's having locked the
gate by which they had entered. The Plaintiff and
—"Mr. Barber civilly requested it might he opened, and
stated the purpose for which they had come there.
Tbe Defendant positively refused to open the gate,
and told them they had no right that way at. all. It
was-in vain they entreated to be let out ;it was im.
possible for them to get the horse and chaise over the
sate ;, and there the Defendant thought proper to
keep them for the space of six hours, in one of the
coldest days in winter, till they were benumbed
and almost petrified, while he looked and laughed
at them from his warm, comfortable parlour. if it
should be proved that the person of the Plaintiff had

,been thus detained, such detention would . amount
t 0 false imprisonment. He took the law to be this,

that if a man went into the house of another, he
might be turned out; but the owner had no right to
lock the door upon him and keep him in aginst his,
will. The only difference bet Ween such a case and
the present was, that the situation. of the Plaintiff
would have been infinitely more agreeable had he
been locked in the 'house instead of being /forced to
wait so many hours shivering in the cold. After
the Defendant had kept the Plaintiff and his friend
six hours in this cornfortless state, and had dis-
covered that he had done that WhiCh the law would
not justify, he told :hem 'they were at.li berry .to go,
provided-they would previously consent riot to bun
any Action against him ; or in other worth, unlesr
they would forgive him for the imprisonment he hsit
'made them endure, he would not let them out.. fre:
Was;persuaded the Jury would think ti-iS a case
which called for their most serious reprehension,

'and', that their -verdict would teach the Defendant
_ and others, that His Majesty's SUbjeas were not to
be thus ithpounded With iMpunity," He had only
"to add, that the Plaintiff; by sitting so long exposed
to the -cold air, had caught "an asthrna, which was
likely to stick by him, and had already been pro.
dative of a long Apothecary's bill.
" Mr. John Barber stated, that Mr. Wilkinson,
the woollen-draper, on Ludgate-hill, and himself
Were chosen Assignees of the estate of Fox, who had.
i'calico ground atStratford; adjOining the land of
the Defendant. They had occasion to visit; and
were necessarily obliged to pass over the Defendant's
land. It was in the middle of December, and the
day was excessively' cold; they were •in .a single
horse chaise, and the place over which they passed
had the appearance of a yilbtic beaten tract ; the De-
fendant was standing at
,his own dOor, but never
spoke to them as they • were going. On. their re-
turn,- the. Defendant had shut the gate, and put a
padlock upon it. On his cross-examination, he said..
there were other ways by which they might have'
tone out.
The Judge observed, it seemed to have been a
_ _

matter oiTeleaion on the part of the Plaintiffand his
friend; on whose land they should commit a tress-
pass, and they had preferred that of the Defendant.
It there were other ways to have gone out, they had
no business to have staid .there.

Mr: GAR ROW said, if the cause proceeded he
should 'prove there were several roads by which the'
Plaintiff might have gone away ; but that his st'ay-
ing there was eriftrely a matter of inclination for, the
purpose of enjoying the fresh air. He should also
prove that he pulled otit'his watch, and looking at
thelinie of the day, exclaimed,• 'id know -there is
another way to go out, but ti—n me, here it
if it is till midnight, and make,the Defendant ply
so much an hour."

The Judge said, he could not hold it to be false
imprisonthent unless, they Plaintiff was compelled to
remain on the soot, which did not appear to be the
case,--he thought the AC-lion was a yeryfoolish,one.
Plainiff no' niuited.

HARRIS v. PARSONS.

Mr. Serjeant .BEST opened the Case by saying,
this 'was an Mtion for 'an Assautt and Battery.--:--
There were no. descriptibn, of cases that varied
more.• in Some the injury was compensated by the
smallest damages possible ;. in others, where it
appeared the, Assault Was committed in a violent.,
wanton, and unprovoked manner, it was necessary-
to deal them out with more liberal hand. The
Plaintiff was the son of a Sail-maker at Barking,
and the Defendant vas an Innkeeper:, On the i3th
- of March the fathk-s of the Plaintiff had been spend-
ing his evening at the Defendant's house, and the
son-went • in order to request .his father to return
home; he was asked by his father to drink, an iovi
, tation with which he. compliid, . but happening to
observe that the bowl was hot full measure,, the -
Defendant was extremely offended; and immediate-
.ly struek him four or five. times with his doUble
fists: He unders-toOd the Defendant was a- very
stout athletic, and frequently indulged himself
in an amusement which was, somewhat more in

I' KIC E
YES 7E.

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Illnkl.ong Ann. IS :3-15 ;
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Ditto Scrip

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