The Sun.
London, England, 1809-08-18 00:00:00

YORK. ASSIZES.

ECCLES CLEIHENTSON AND OTHERS. '
This aAion was brought for false iMprisonment.
ope9ed the case. The deckration
stated, that on the 16th August, 1807, the Defend-
ants falsely and maliciously imprisoned the Plaintitt;
whereby he was put to great expense, and injured in
his credit. The .Circumstances of the case were, that.
the PianititY.wa•i fond of singing, and was in the
coristoni-, habit 'of -attending divine service on the
Sabhath-day, at the chapel of Grindleton, ,in the
Riding,West whereof thettev.' Enoch Clementson,
one of the. Defendants, 'was the .officiating Clergy-
Itan• The' Plaintiff was,, in . the constant habit of
leadinw the band, both inorl•ing and afternoon, and
.not the least objeninn was:rnade until the evening of,
ha !.day. ,Tne Was singing as usual, and
Whit. a book beating time upon the desk ; the
Clergyinan took . some offence, and, froni, the
reading-de:fki, called cut, " Take that 'pan
~into
custody.". The other two Defendants took-. him
i-rnd kept hint -confined all u,ight, when they
had him before
_the Justices, where- tie Was „coin-
Pelled to find bail, and at the Quarter Sessions,
was tritd -and acquitted upon, the evidence which
was adduced against him. '•lt appears as if this. ..was
madealrarty question at Grindleton ; as there were
about forty of them came to the Sessions. It clearly
appeared the plaintiff's conduct in the intervals be-
tween singing was regular- ity he -eitreme; he went
to chapel as usual, anti he beat time.as usual ; no in-
timation had been given to imn than he had been doing
wrong, or that he should not do so. If the_plaintal
had been intoxicated, lie would hate conduCted
himself. ditrerently, as this was his usual conduct..
By-the tiles of tite church, the whole congregation
.have a right to sing ; and because my client. cannot,
singio well as the rest, he is to betaken up and con-
fined. He sang as well as he could, and in his usual
manner; beating time with his hand, which put
him in mind of an epitaph written upon a parish-
clerk
.of the name of Stephen, who had been timist
hke the Plaintiff—
" Stephen and Time are now both even— •
" ()lice Stephen beat Time,. now tlnbeats Stephen."
He trusted he should be able to support this ease by
evidence, which would entitle him to a verdict.
Pefer.l4aMer said, he was -.at Grindieton • chapel
on the I Gilt of August, (807 ; lie saw Eeclesthele •
in the morning, :same as usual ; he never saw •Intn
misbelovei he saw him abont_ nine o'elOck iii ale
evening iii custody of Thomas Had and Slaunt.•
Witness saw him again about six n'cloCk in the morn-
ing of the 17th, , then. in _custody. On the 2d
September following, witness -,vas at Goisburn, when
the Plaintiff was. coumitted, to the house of correc-'
tit-m, and. lie found sureties before Dr. Collins,—
Plain t itf was reckoned a leaditkiz singer.
YValtn:ley saw 'Eccles taken into cus-
tody. The singers sit ,i,lO a particular patt ot the
-gallery, and Plaintiff conformed to ,this
They were singing an evening hymn betore, tire
afternood service begun. 'rite Clergyman was
in before the witness came." AVitn,:ss saw him
hisper to the parish-clerk, and the .cierk: went,
and whispered to lilt: 44d, one of the
,Deten-
dams, and be went and whispered with -Eccles.
The Clergyman called out---" 1 insist upon him-
being pulled out ;" looking at the chapel-war-
den and constable at the tune. Leek's was singing,
with his spectacles upon his nose, and a book irr, his
ba'id. He was seized and brought down by the'
order of CJ'' .entson and Horner. He was singing,
as usual, as other people In Itie-Cliapel, beating time
with his hand. He was dragged down by his feet
and head by two or three ut theM; they dragged
him down the steps. Witness went to the dour, and
saw him in.custody. • He was, in the hands of the
deputy constables iil the evening.
On beitig cros,-examined by Mr. TorriNo, as
Cotin,el for the Defendant. cleinentson, witness
said he knot's *Horner and Vernon ; GAIT' are re-
spectable pat ishioneys. WfitlS I)eara Horner
say 40 some people, " Keep inin quiet." Airs.
Peek, and many other respedable people, went
our when he was pulled down. *Aland:said to
the Clergyman, ‘‘ I shall not •go out for-you;
what offence have 1. committed ?- I am not ex-
communicated yet." Ile. was not 'drunk, nor had
'any appearance of a drunken man, or ot,a p:rson in
liquor 5 he appeared sober. Ha shook his fist at the
minister, and • said, " Not fbr. thee, thou."--
'" 'What does thou, say, thou ?" Pinson was in
the reading desk. Did not notice tvliether• be
Lad his surplice on or not. Witness saw him
gt) into the• desk for the purpose of reading
prayers; but whether he had hts white gown on'
or, not, witness cannot say. Plaintiff was pilled
down to the bottom of the pew,- He did notfsay,
lii be. (.I—d if I go." He said, " I won't, go, out
for any of you.'! A great many -left the church.
There was a peat contusion, and same•of them have
'never been there since.

Being further questioned by Mr. HARDY, wit-
ness said, he did not like to go away; there was
nobody left chapel-till the Plaintiff was treated that
way. The organ was playing at the time, so that
the Plaintiff's singing could not interrupt the
Clergyman, as'he could riot go on whilst the organ
was playing.

Thonias Garnet was at Chapel on the 16th of Ati-
gust, in the afternoon ; the Clergyman was in the
reading-desk. They were singing . when witness
went in. The Clergyman spoke to the clerk, -and
he went up into the loft. Witness did not know
there was any thing to do till after the disturbance
began. The Clergyman ordered them tp bring Ec-
cles down. He shouted and ordered them to bring
him down ; witness did not know what for. Saw hint
brought down ; saw him again next morning, then
in custody. The Clergyman ordered the constable
to " get a cart ; and it you can't get any handcuffs,
get a rope and tie
,him in, and take him to Mr.

His LORDSHIP observed, as there was no malice
proved, the =ion could not be supported.

Plaintiff nonsuiied.

On Monday his Excellency the Portuguese Ain-
,bassador gave a splendid entertainment to the An-
atrial' and Spanish Ambassadors, Mr. Secretary
CANNII4.6', Lord CASTLIMEAGII, the chancellor of
the Exchequer, and scveral other public men, at
his house in South Audley-street. '