The Sun.
London, England, 1831-06-17 00:00:00

MARSHALL V. WAI;kiIELD.

This was an action In-ought by the plaintiff, who is a
carpenter; for assault and false imprisonment.
Mr. F. POLLOCK appeared for the plainta, who, on
Good Friday twelve months, had l sea accosted by the de-
fendant, taken to the stationAonse in Somers'-town, and
there locked np and kept for the whole night. He was
taken next day to Hatton-garden, handcuffed, along with
common thieves, and was ultimately discharge 4 by the
Magistrates, they considering the chi-,rge to he an unjust
one. In consequence of the plaintiff brought the
present action to recover damages for being thus impri-
soned on a charge of felony, which the Magistrates consi-
dered false. The plaintiff, though poor, had always
wne a good character, and had never bofore
bad a charge of dishonesty imputed to him, and
as his character was every thing he had to depend on in
life he ha I resorted to legal means to obtain from a Jury
such remuneration as they aright think him entitled to.
The Learned Counsel fully admitted that it was necessary
that there should be means of apprehending suspected in-
dividuals in all countries, but it was exceedingly improper
that a person who had always acted with honesty and
propriety should be subject to the treatment which the
present plaintiff had endured. The defendant, after the
,barge had been dismissed by the Hatton-garden wave-

ateS, never apologised or made compensation for the in-
Ey the plaintiff had susthined.

Mary Jones—Lived in Somers-town. The plaintiff
plaintiff was doing work for him.
riday in the last Year the
hi.geil with her. The defendant resided in the same
ion)
laintiff lr,,mhfoceorhdno,innalgn, thedaotfs
iGx
to go to work at the de-
le/Manes house, but in lila an hour he returned in the
onsto 'y of two police offis-ers, accompanied by the de-
fendant, who charged him with stealing a watch and a me
plate. The
police offirets proceeded to search the bed-
room of the plaintiff, and after some questions had been
asked by the defendant of the witness, they all went away
toeether, the plaintiff beimg in custody.
Mr. CHAMBERS addressed the Juty on behalf of the de-
fendant, contending that there was no proof of the de-
f-ndant having any thing to do with giving the plaintiff in*
custody. He might be there nut of mere curiosity, and if
Jury were to hold under such circumstances, that a man
‘vas liable to an action for false imprisonment, no person
e,,tild be safe who witnessed the taking of any person into
custody.

The Loan CHIEF BARON said that if the Jury were
rif opinion that the plaintiff bad been taken into custody
►ty the police officers at the instance of Mr. Wakefield, he
was accountable for the plaintiff's impr:sonment, no
justification having been attetnpte,l to he proved, though
it had been pleaded.
Verdict for the plaintiff—Damages, 30/.
STATE OF THE BUSINESS OF THE COURT.
It being expected that the Special Jury cause of Hunt
v. Lawson would occupy the whole day, the grea•est con-
fusion prevailed with respect to the other causes set down
for trial, most of which, on their being called on the
tecord, were withdrawn, or the cause struck out, in conse-
quence of the non-attendance of Counsel, and the total
unprepared state of the parties.
The Ciller IL% aux observed that he was determined
in eases where Counsel were not in attendance, or the
parties unprepared, always to strike them out, being per-
fG•ctly convinced that unless such a course was adopted,
the Court would never have a regular bar.
Mr. CAMPBELL felt glad that his Lordship was deter-
mined to adopt the course in future which he ha I this
morning pursued, being satisfied it would he attended with
the best results to all.

Mr. F. Por.coer suggested the adoption of the course
pursued by Lord Tenterden, namely, to go through such a
number of cases as it tit;ght reasonably be supposed could
be heatd that day, and there stop.
The LORD CHIEF BARON did not feel himself justified
in adopting such a course, as it would be attended with
great injustice. In a Court of Equity the last cause, and
that only, was privileged.

ADMIRATY SESSIONS-(THIS DAY.)

OLD BAILEY.

- .
These Sessions commenced this morning before Sir
CHRISTOPHER ROBINSON and the usual officers.
The Grand Jury were sworn and addressed by Sir
CHRISTOPHER, who was happy to meet them on the
present occasion, and to inform them that since the last
Sessions only five cases had come to light. Of these,
two were of minor importance, one of them being a case
of that, and the other a common assault. The others
were of more importance, and embraced no less a question
than the death of three persons. In one case there ap-
peared to hate been an affray on board a vessel which
had led to the loss of life to one of the parties
engaged in it. The next case was one of still more im-
portance, and the question for them to try would be,
whether the play who had inflicted the injury had not
been guilty of man,Lughter. The last ea.e was one of
vital importance, it relate l to the death of a sailor on
board of a King's ship, ani from what he (Sir Christo-
pher) could glean from the abstract furnished him, it
would require their most serious consideration. In this
case it appeared that some symptoms of insubordination
on the part of the sufferer had occurred, but it was his
(Sir Christopher's) duty to inform the Jury that this
would go but a very little way to discharge the accused.
It would, however, he for them (the Jury) to say how far
the charge was or was not made out against him ; and hav-
ing said so much, he would Haw recommend them to the
discharge of their duty.
• The Grand Jury then retire!, awl in a shot t time the
bills were retut ned.

At eleven o'clock Sir CHRISTOPHER ROBINSON again
took his seat in the Court, accompanied by Mr. Baron
GARROW and Mr. Justice TAUNTON.

Thomas Hewitt, the late master of the brig Terene, of
Liverpool, was then put at the bar, on an indictment
charging him with the wilful murder of Robert Hewitt,
a seaman, on hoard his brig, in or about the month
of January last, off the mist of the Azores, or Western
Islands.—Not Guilty.