The Sun.
London, England, 1824-08-11 00:00:00

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SALISBURY, Illolinav, AUG. 9.

THE DUES OF SOMEIti)::T vi TUE HUNDRED OF MEJtE.
This was an action to recover damages' for loss sustained by
the plaintiWin consequence of the malicious setting on fire of
two houses, alleged to be his property.
The fact of the houses being set on tire about one o'clock on
a calm night, was fully established • but a'question arose as to
the right of the noble plaintiff' to bring his action, he being ad-
witted to have only a reversionary interest in the premise*. A
verdict was taken for the plaintiff, subject to a case on the point
of law.

BROWN v. DALT.YMORE AND OTHERS.
Mr. Serjeant PELL said that this was an action brought by
his client, who way a man in the humble walks of life, his oc-
cupation being that of a gardener, to recover compensation in
damages for an injury Inflicted upon him in consequence of the
negligence of tlie defendant's servants and which disabled the
poor man from pursuing his employment. The witnesses
would inform the Jury, that' on the lad of December last, the
plaintiff' was proceeding in his cart towards Lavington, on the
Bath total, when be heard a van, which belonged to the defend.
ants, and which ran between London and Bath, coining be.
hind him. He took care to place his cart on the side of the
toad, as far from the middle as it was in his judgment neces-
sary to remove it, in order to allow the van full room to pass.
However, the driver 'of the van not taking advantage of the
space that was left him, thought proper to approach so near
plaintiff's cart, as to render their contact absolutely unavoida-
ble. The consequence was, that the wheel of the van struck
the off-wheel of the cart, and ao violent was the concussion, that
man .who was witting in it winctuttibled out,
was instantly overturned, and the poor
the far weaker body
and his le • broken.
g
The conduct of the defendant's servants was wholly inexcusa-
ble ; the road was perfectly well able to accommodate the
two vehicles, and therefore there was not the least pretence
for the driver of the van to aOnie near the cart at all. The only
excuse, indeed, which c0u11,.-be offered for such misconduct
was one which could be of no avail in that Court—namely,
the intoxication of the driver. On the contrary, if the dri,
ver was proved, as he had reason to believe he would he, to
have been in a state of drunkenness at Ott time, it would be.
hove the Jury to visit negligence arising from such a cause
with the greater severity, as they would see that there might
be calculating the iniscblefs which might be produced from
allowing persons who had the care of such vehicles to lose that
power over themselves, and that capability of guiding their
horses, which even in the open day, and under the most fa.
vourable circumstances, must be kept in constant exercise, in
order to guard against danger. Application was made to the
defendants for redress, but the answer was that they did not
dare about damages, as there was a Society of Proprietors who
would bear the expence of such actions.
The facts stated by the Learned Counsel having heen proved
by the witnesstat for the prosecution, Mr. Sergeant WttnE, on
the part of the defendants, called the guard and other witnesses
who 'gave testimony of a contradictory nature.
The Jury, however, after a short consultation, returned a
verdict teethe plahafr—Daniages 2901.
Mr. Baron (smotow—.l think it right to observe,, and the
present case furnishes an exaiuple of the truth of the obierva-
don, that the formation of societies or bodies of coach proprie.
tors, for the purpose of resiating, at the common expenee, web
,actions as the present, highly to be reprehended, as being
calculated to do a great deal of mischief to the public. The se.
eprity of peasuns who are obliged to trust thomaelves to the
skill and attention of coachmen and guards is necessarily an

•
important object of public policy ; and whoever threatens to
diminish the means of continuing that security, as doubtless
such combination does, must be viewed with the greatest
jealousy.
YORK, MONDAY, AUGUST 9.
Before Mr. Justice 13AY.LEY.
T. WHITE V. ARNETT AND OTHERS.
Mr. JONES opened the pleadings, and Mr. Serjeant CROSS
stated the nature of the trespass and the assault committed by
the defendant and others on the plaintiff: The defendant
pleaded a right of entry, justification, &c. on which issue had
been joined. The Learned Serjeant then addressed the Jury,
and said, the defendant was a Quaker, and a money-lender,
ank had taken care to secure a great portion of talent on the
Northern Circuit, for the defence, if a defence could at all be
made to an act of oppression and violence. The plaintiff, said
the Learned Serjeant, was one of three sons of an opulent
farmer, who had left him about 100 acres of land. Tile plain-
tiff', after the death of his father, had got into difficulties ; and,
to find his way out, had recourse to the defendant as a profess-
ed money lender, who had taken an advantage of his unfortu-
nate client's poverty, and got possession of the whole property
he possessed in the world, under circumstances the most ago-
nizing in their nature that had ever been brought before a
Court of Justice, and which he would presently shew by the
testimony of the witnesses he should have occasion to call.—.
The defendant, continued the Learned Serjeant, had got into
possession of the plaintiff's property, and turned the whole
family out of his house, after the most solemn engagements on
his part that they should enjoy the humble asylum their po-
verty had driven them to, at a rent of 101. per year. The Learn-
ed Serjeant then cited part of a letter from die defendant,
couched in the following words :
" C. B. Walker and myself hive waited on thy brother
Richard, and agreed that William shall continue on the farm ;
and that John and thy mother shall live in Bell's house,"
The brother, said the Learned Gentleman, then advanced
700/., and also joined with the brokers in promissory-notes to
the amount of 3001., making altogether 1,0001. For this ad-
vance the brother was to have an assignment of the stock of the
farm and crops then growing. The party was then to have 2
years to pay the money in. An execution was afterwards put
in ; on hearing of which Richard White came down and pro-
tested against and forbid the sale. The defendant, however,
sold the goods, and had said to the plaintiff, " I mean to dis-
inherit thee this day (11th May), unless thou wilt sign the
paper. I have brought thee, which if thou dust, thou mayst then
remain." Ile ,would sign•mi such document ; when the defend-
ant, at the head of a constable and at least 20 other persons,.
made their promise good, and on the evening of that very day
turned out the plaintiff, his brother, and aged mother, with
their children, into the highway, and under circumstances too
of the most aggravating kind. For this cruel trespass and
assault the present action was brought, and which, the Learned
Serjeant said, called aloud for heavy damages. To prove the
defendant had entered wrongfully, and committed a violent
assault, the Learned Serjeant proceeded to call
John Atkinson—tie lives at Sand Hatton ; it was in the oc-
cupation of William and John White • they were in possession
on the I Ith of May last ; he had lived in it for some time, but
quitted it to live in another; his wife lined in the house.
JUDGE—The plaintiff's mother
Witness—The whole family lived in it at that time ; I saw
Mrs. William White come out of a field; she asked witness to
walk in ; I asked her what she wanted ? this was between 7 and
0 in the evening; she said it bailiff of the name of Joseph
Morris, under the defendant's direction, had come with an-
other to turn her out of possession.
JUDGE—WWI the door open ?
Witness could not say ; believes it was when Morris first
came in ; Pickering was the other's name. There were eight
or ten persons with them, and more came in afterwards ; there
were Jarvis, Voting, Flower, and others present. William
White asked what Pickering came for? he said under Mr.
Arnett's direction, to turn them out of doors. John White and
his mother were there; William's wife and six children also;
William was smoking his pipe.
Mr. Serjeant Cu o ss—Never mind the pipe.
Witness proceeded—lie asked her to sign a simple paper,
and said they were tustop in the house it they would give up
peaceable possession. '1 he e defendant mentioned Mr. Bell was
the landlord. William White said no such thing should be
done, as he was acting on behalf of the family. Arnett then
insisted on the constable putting them out, and ordered them to
be put out at the back door. Mrs. White said, if they were to
be turned out at all it should be at the front, and not the back
door. She said nothing in particular more. They then pro-
ceeded to fetch out John White ; there were at that time 200
persons gathered round the house, and many more ; several per-
sons had hold of' John, and thrust him out. He put his foot
against the door and resisted ; they were struggling together for
some time. Mrs. White was up stairs; they proceeded to force
her out ; she said it' she was to go out she would go out quietly:
Mr. Justice BAYLEY objected.
Mr. Serjeant CROSS said he had a right to shew the force.
J obit:lE.—There Is no evidence.
Witness proceeded—The Constable laid one or both his hands
upon her ; she struggled ; she was at last pulled down stairs.
Cross-examined by Mr. SCARLETT—Did not know if' Wm.
White had been in prison; heard he had, but did not hear of
John that lie had taken the benefit of the Insolvent Debtors'
Act. Is not a friend of the plaintiff—is a friend of no man—
(a laugh?—has known William White 30 years, when he oceu-
, pied a farm under Bell's trustees ; can't say when it was ;
knew him as a neighbour ; she was in the occupation of' ano-
ther house when her husband was away; the landlord's name
was Cooper. Witness•has nothing further to say on the sub-
ject. He lived about one hundred yards from hum ; can't say
the day nor year; knows nothing more about it.
Re-examined by Mr..Sergeaat Citose—William and his wife
resided at Cooper ti ; the house in question was Bell's ; don't
recollect when Williamand his family left Cooper's.
Jane Langstaff examined—She was servant to John White
and his mother. John. held a farm—s considerable one ; she
had been two years with them.- In September lie nave up the
farm and went to Bell's; house, and they went to reside there.—.
I,lefore this William's family was living at Cooper's, abotit
May-day ;it might be a week before she was working in the
fields ; she saw Mr. Arnett at William White's house; she did
not see what was done; they left. that house; they were put
out by Arnett and some others.

CrOss•examined by Mr. WILLIAMS-51r. Arnett never paid
her wages before May-day last ; she and the other servants re-
ceived a half year's wages; she was hired to live with John
White; she did not assist William; John hired her; there
were three servants; they all got their wages at the same time.
George Beaton examined by Mr. JONES—He lives at Sand
Hatton; knows Mr. Bell's house ; knew the transaction on
the 11th of May; it was in the morning, about ten o'clock; he
was in the house; the bailiff said witness was not wanted there;
there was another person with him in the house; he said if
William White would sign his right away he should stop in
the house until such time they met with a tenant ; the defendant
said he would give him (plaintiff) one night to consider of it,
and.if lie did not sign it he would disinherit him of it. He
SW the family turned out at night. Saw Arnett there, but did
not hear hint say anythin,q.
Cross-examined by Mr BROUGHAM—They were all in a
cluster together; was not in the house in the evening ; cannot
swear that George Jarvis touched any one ; he was not a long
way off.
'The JUDGE—Did the persons join ?
Witness—l can't say; they were altogether; he could not
say if Morries laid his hands on any one; but he said the con-
stable did ; could not say If Arnett said any thing.
The JUDGE—What were you doing ?
Witmess—l was helping to carry away some corn ; can't say
the quantity—perhaps twenty sacks; they took it away in a
horse and cart; there were twenty pokes, two bushels to a
poke ; took it to Rippon ; Monday is market-day. Thirsk is
only three miles from Sand Hatton ; but Rippon is the usual
place to sell corn.
Mr. Sergeant eILOSS called Francis .Clough—Remembers
the 11th of May, and Arnett coming. He aided the plaintiff to
sign his tenant ti right away. Saw a great number of people
assemble round the house. William White was first brought
out; can't say who brought hint out; it was some of them.
John was brought out next; Jarvit had got hold of lris leg;
he observed him more active than the rest. Another person
pushed him behind. The old mistress was turned out; she
was brought out by force; can't say who laid hands upon her.
' Pickering had hold of her hands; Astler was among them ; he
had hold of her shoulders ; they were turned out on the high-
way ; this was about seven or eight o'clock in the evening ; he
had a constable's staff. Witness was turned out in the morn-
ing by Pickering. I asked him what authority he had ; lie
slimed me his staff. I said that was all his authority ; he said,
no, I turn you out by Francis Arnett's authority.
Richard '%Viiite examined—He is brother to the plaintiff;
John is the elder brother; his father left him lOU acres of land;
he died three years ago ; the whole of his estate has been sold
to pay his debts.
' A letter was then read from the defendant which purported
to be sent to the plaintiff respecting an adjustment with Richert!
the brother' as to the advance lie had made, and the security
that was to be given ; on which he was to quit Bell's farm and
reside in the asylum for him, and from which he had been
turned out.

Re-examined by Mr. Serjeant Chose—He paid the 7001. to
the defendant, and he joined in three several promissory notes
for 300!. more.

. Mr. SCAR LETT addressed the Jury, and contended the right
of entry was good in law under an assignment made by John
William, and which William had assigned over to Arnett.—
The plaintiff. Mr. Scarlett said, had borrowed money of the
defendant which lie had not paid, and from a judgment he had
given to Howard and Walker they had obtained execution,
and by virtue of that judgment had entered into possession,

and that the defendants had put a justification on the record,
lion, and
their
sold
t h
and that thq had used no more violence than was necessary to
et
right.epropTerhtye SfohreLi2ffoohi.ad levied under the eirecu4
The assignment was then put in and read. It was dated
11th February, 1824.
For the defence several witnesses were-called to prove that
the defendant held under certain trustees.
Mr. SCARLETT contended that a bona *pie assignment in law
had liaised between William and John, which had legally
passed to the defendant.
Mr. Serjeant Cuoss replied to the Learned Counsel, and in
a very feeling manner appealed to the Jury in behalf of his lin-'
happy clients, and trusted that a Jury of their country would
give them ample damages.
The Learned JUDGE summed up, and said the only question
for their consideration was, had assignment of the 11th of Fe-.
bruary been made br John to William, and by his act assigned
to the defendant ? His Lordship then cited an Act of Parlia-
ment that passed in 1676, where a notice became necessary
where a patty held a house as well as land, which did not ap-
pear to have been given in this instance. It was clear that the
plaintiff was in possession on the 11th of May, 1824, and if no,
assignment had passed from White to Arnett, the entry was
bad in law, and the assault aggravated it. The party had their
relief at law by ejectment, and a notice to quit the house
(though not the land) became necessary. Arnett had a right to.
put in execution from the judgment given to Howard and.
NValker, and the assignment to the Sheriff was a good one. If
the assault was fully made out to their minds, then they would
give sufficient damages to compensate the plaintiff for the lost
and injury he had sustained.
The Jury retired, and brought in their verdict—Donates'
300/. costs 40s.
'Phis cause lasted nearly the whole day.

OXFORD CIRCUIT.-(STAFFORD.)-MONDAY

CROWN COURT.-:—MANSLAUGHTER.
Attelutel Aston, aged .13 years, was indicted for killing and'
slaying Charles Broadhurst,
by inflicting divers blows upor
his person, on the night of the Bth of May last.
Die witnesses examined proved that the prisoner and the'
deceased were at the Bird in Band public house, at 1Volver!"
hampton, and a quarrel ensued : the deceased used very Pro
yoking language, and challenged the prisoner to fight; a regUl
lar pugilistic combat ensued, and three rounds were fought,' and
the deceased, who was previously suffering from hernia. was st)
shockingly injured on the abdomen as to occasion his death.
The Jury found the prisoner Guilty, but strongly rea
mended him to Mercy, on account of the forbearance he dis
played towards the deceased. „ .
Mr. Justice LITTLEDALE sentenced him to One Month
't

DARING BuitoLAity.—Between two and three
o'clock on Sunday morning, the house of alp'
COYNE,4I, IVelbeck-street, was entered by some
daring burglars, who effected their purpose by
climbing from the area railing by the lamp-iron
to the top of the portico, from which they could
easily reach the stair-case window,
which they -
raised, and gained admittance to the first floor of
the house. They thence proceeded to the draw'
ing'rooms, and the several apartments on the
ground floor and basement story, which they
completely ransacked, with the exception of ane•
small cupboard, containing a quantity
of silver
plate, which, from the key being left in the door,
they probably passed as not worth the trouble of.
examining. Every other cupboard, closet, and
drawer on those two stories they opened, and car-
tied off their contents, including a small plate
chest, containing about 501. worth of plate, a cow.
siderable quantity of wearing apparel,mostly newt
and several very handsome rosewood' dressing
eases and writing-desks, with which, incredible
as it may appear, they succeeded in getting clear
off, eluding the notice of the watchmen in the
neighbourhood. They let themselves out bf
the street-door; the key of which they carried
away, leaving behind them a phosphorus box,
two bunches of matches, and a very smart
candlestick with the candle which had light-
ed them in their search for the plunder. It 10
supposed that they must have had a hackney!.
coach in waiting for them somewhere in the vici-
nity. Information of the robbery was given at
the Marylebone Police Office yesterday, and
Staples, the Officer, was sent to examine the pre-
mises, and from his report it would appear that
it must have been the work of experienced de'
predators. The missing articles of
marked with the initials G. F. 1., and a crest
the latter being a bird between two battle-axes
surmounting a Coronet. plate were

The little island of Sprogoe, in the Great Bert'
is now in imminent danger of being swallowed up by' the 91A,
having a rent through the middle of it. This island is h,
greatest importance in the winter time, for the passage of t
mail across the Belt.—(Germars Paper.)

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