The Sun.
London, England, 1841-09-03 00:00:00

MANSION-HOUSE.
A good deal of interest was excited by an investiga-
tion, which was concluded yesterday before the LORD
Maxon, who presided when the subject was first brought
to the notice of the City authorities.
Serjeant Vale, of the City police establishment, a man
of respectable character, was charged by Mr. Flexton,
the owner- of a beer-shop, at No. 8, Miles's-lane, with
having exceeded the duty of a policeman, in searching
his (complainant's) house at an unseasonable hour, and
without any reasonable cause.
Mr. Ashley, solicitor to the complainant, stated that
the case was one of considerable importance, inasmuch
as, if the course pursued by the defendant was to be sup-
ported by the Magistracy, the citizens of London would
be subject to the most tyrannical annoyance and insults.
He then stated the circumstances, as they were subse-
quently detailed by the witnesses.
Henry Harrison, servant to the complainant, deposed
that a gentleman and a female, both strangers to him,
came to the house on Wednesday evening at abeut half-
past ten o'clock, walked into the parlour, and called for
a pint of ale. Witness served them, and in about a
quarter of an hour they called for another, and soon
afterwards the woman walked hastily out of the house.
The gentleman, when she had left the door, came to the
bar and asked which way his companion had gone, and
witness mentioned the way he supposed she had taken,
upon which the gentleman declared that it was false, and
that witness knew her, and that she had robbed him (the
gentleman) of a shirt pin. On the same night the-gen-
tleman came again, bringing with him a policeman, but
did nothing. On Thursday morning, however, at six
o'clock, witness saw the defendant and another policeman
at the door, and was informed by them that they had
come to search the house. After the door was opened
the defendant insisted upon going up stairs to search the
Witness expostntating.e?..,ranst las‘tunion. The
complainant also denied the right of the police to go up
stairs and search the house without a warrant, and asked
the defendant to show his authority. The defendant
merely pointed to the figures on his collar and said that
was his warrant.
The defendant wished the accuser to be as candid as
possible, and assured the Lord Mayor that he had waited
a reasonable time, during which every one in the house
might have been dressed.
The witness did not deny that reasonable time was given.
Mr. John Lamb, a young man of very respectable ap-
pearance, stated that he was a lodger in the complainant's
house for two years. He slept in a double bedded room,
in which another person also slept, and they were quite
astonished to see policemen forcing their way in. When
they heard the noise of the visitors on the stairs witness
desired his companion not to let them in without the
production of a search warrant, but the door was injudi-
ciously opened, and in they walked. Witness told them
that if they had a warrant they might examine all his
property, and the complainant pointed at his collar and
answered in a tone of authority the most insolent and
disgusting.
Sergeant Vale said that his conduct had been misre-
presented by the witnesses, for he had conducted him-
self with temper and forbearance, and had not been
guilty of any violation of his duty as a member of the
police. The fact was, that he observed a gentleman, who
stated his name to be Edward Brown, and mentioned his
address, watching the house at a very early hour in the
morning, and upon inquiry learned from him that
he had been robbed of his pin by a woman, who in-
duced him to go into the parlour of the beer shop. Upon
learning all the circumstances he (defendant) considered
it to be his duty to assist the gentleman, and he accord-
ingly waited till half-past six o'clock, when the door
was opened, and he then certainly insisted upon search-
ing the house, as the person who complained of having
been robbed, was under the strongest impression that
the female was on the premises. One of the witnesses
(Mr. Lamb) for the complainant had acted in a most un-
gentlemanlike and violent manner.
Mr. Lamb—You said that you would search every
cupboard and corner in the house, and made the most
vile and insolent insinuations. If I had had my clothes
on I certainly would have kicked you down stairs, for I
never witnessed so gross an outrage. I have known
the house long, and it is well known to be highly re-
spectable ; and if the inmates are to be insulted by such
visits, it will be quite impossible to live in the City at all.
, The Loan MAYOR ordered that the case should be
postponed till yesterday, and that Mr. Brown should be
summoned to attend and give evidence.
Mr. Brown accordingly made his appearance yes-
terday. He stated that he accompanied the female
alluded to, whom he met near London-bridge, to the I
beer-shop. She had invited him to accompany her
home, but he refused. He, however, consented to give
her a glass of ale. After they had sat together for a
while, she suddenly went away, and he immediately
missed his pearl shirt-pin, which he valued very much.
He directly went out, and, seeing the waiter at the door,
asked him which way the woman turned ; to which the
waiter replied, " Down Thames-street." Witness enter-
tained a suspicion on the subject, and waited in the
neighbourhood all night, in the course of which
some filth was thrown out. The defendant ad-
dressed him at last, and when he (witness) mentioned
what had occurred. said, that if a robbery had been com-
mitted, the house should certainly be searched. When
the defendant was proceeding to search, the complainant
said to him that he might search, and be d—d. Witness
went with him through every room.
The Loan Maxon—Was there any misbehavour on
the part of the defendant ? Witness—No, I can't say
there was anything objectionable.
The LORD MAYOR—Was any door opened by vio-
lence ? Witness—No, I consider the conduct of the
defendant mild.
Mr. Ashley said that the complainant did not charge
the officer With violence. The charge was simply,
that the officer had no justification in enter-
ing the house before the inmates were up,
and for searching it under pretence that the woman
who was stated to have committed a robbery was there.
The complainant had kept the house for six or seven
years, and the parish officers were ready to prove that
he was in every way unexceptionable, and it was not to
be supposed that such a person was likely to harbour
thieves:
The Lonn MAYOR observed that there was no charge
of that kind brought.
Mr. Ashley said that the impression likely to be made
in a neighbourhood in which such a proceeding upon the
part of an officer took place was very prejudicial.
Mr. Hobler said that there was certainly evidence of a
stretch of power upon the part of the defendant.
The LORD MAYOR said that the defendant did not
enter the house until the door was opened by the ser-
vant. after having watched a reasonable time, neither
did he commit violence of any kind.
Mr. Ashley admitted that the defendant had threat-
ened to break open every door and cupboard in the
house. He could see nothing in the City Police Act
giving such a power as the defendant had assumed. The
police were invested with great power. The question
was, whether any stretch of that power ought not ha-
mediately to be resisted.
The LORD MAYOR declared that he did not consider
the charge against the defendant to be at all sustained.
If the defendant had gone at an unreasonable hour, and
insisted upon admission he would have done wrong. A
beer-shop was not after all like. a private house. The
officer thought he should find the woman there, and it
would be injudicious to discourage a man in such a
situation from civilly aiding the ends of justice.
Mr. Ashley—The conduct of the defendant is cer-
tainly at variance with the principle of protecting the
liberty of the subject ; and Mr. Hobler, of whose expe-
rience and judgment there can be no question, has said
that there has been a stretch of authority.
The Loan MAYOR—I cannot agree with my excellent
friend Mr. Hobler in the view he takes. Ido not think
that the man has done anything wrong, but if the com-
plainant entertains a different opinion he can go to the
City Commissioner, and submit the case to him. I dis-
miss it, or I refer it to Mr. Harvey.