The Sun.
London, England, 1836-11-14 00:00:00

LIDDIAN V. HUMPHREY.

This was an action for a malicious charge of felony, in
consequence of which the plaintiff had been arrested and
imprisoned. The case had been tried before Mr. Justice
Littledale, and a verdict had for the plaintiff, damages 501.
Mr. Sergeant ANDREWS now moved for a rule to Aim
cause why the verdict should not be set aside, and a non-
suit entered, or a new trial had, on the ground of misdi-
rection of the Learned Judge, he having told the Jury
that there appeared to him to be a want of probable
cause. The plaintiff was a jobbing plumber, and the de-
fendant a builder, at Chelsea, where he had erected two
houses, and had employed the plaintiff to lay the lead on
the premises. The quantity of lead required was 9 cwt.
2 qrs. 26 lbs., which was put on and finished by the 25th
of April ; the defendant was subsequently apprized that
the plaintiff had stolen nearly 1 cwt. of the lead, and re-
fused to pay him his wages, amounting to 14s. On the
26th of May following the plaintiff took out a summons
against Humphrey, at the Court of Conscience, Kingsgate-
street, to recover the sum due to him ; on the same day
he was arrested, on informations sworn by the defendant
before Mr. 'White, the Magistrate of Queen-square Office,
and after being in custody for three or four hours, was
discharged. The Learned Counsel read several affidavits
to shew that the defendant had good grounds for having
the plaintiff arrested, but circumstances had prevented his
calling the parties by whom they were sworn, at the trial.
Mr. Justice LITTLEDALE observed that none of the facts
stated in the affidavits had been given in evidence. It also
appeared to him that the damages were much too high.
Lord DENMAN—We think you ought to have a rule for
a new trial.

THE KING V. HUNTER AND OTHERS.
This was an indictment preferred by William Wilkinson
against John Hunter, John Gardiner, Thomas Wright,
Elizabeth Worts, and others, for a conspiracy, tried before
Lord Denman at the last Nisi Prius sitting, and the indict-
ment charged the defendants with conspiracy to procure
Wilkinson to advance a sum of 999/. to the defendant
Gardiner, for the purchase of an annuity of 1501., for three
lives, to be secured by warrant of attorney, upon a deed to
be executed by Gardiner and Jane his wife, Hunter repre-
senting thorn to be a sufficient security, and also falsely re-
presenting the defendant Elizabeth Worts, to be the said
Jane Gardiner. The defendants, with the exception of
Elizabeth Worts, and one Thomas, an attorney, who was
dead, were found guilty—the Jury recommending Wright
to mercy.
The defendants having been now brought up for judg-
ment,
The ATTORNEY-GENERAL, on behalf of the defendant
Gardiner, moved for a new trial ; first, on the ground that
the signature of Mrs. Gardiner was wholly unnecessary to
the deed, the security being in point of law precisely the
same ; and secondly, that there was no legal evidence

before the Court of any incumbrance being upon Mrs.
Gardiner's property, winch would render the security an
insufficient one. The Learned Gentleman entered into de-
tails of the case at considerable length in support of his
argument.
Mr. CROWDER made a sivailar application on behalf of
the defendant Hunter. _ .
The case had not concluded when our reporter left.