The Sun.
London, England, 1824-12-16 00:00:00

COURT OF KING'S BENCH, DEC. 15.

BURTON V. DUNHAM.
This was an action brought by the plaintiff, General Napier
Christie Burton, of New-street, Dorset-square, to recover from
the defendant, who is a Sheriff's officer, compensation for in-
jury sustained by him, in consequence of the defendant having
seized his goods upon an execution issued against a person of
the same name.
The case stated by Mr. BROUGHAM, and sworn to by the
plaintiff's servants, was, that on the 6th of January, about five
or six o'clock in the evening, the defendant, accompanied by a
man named Biss, came to the plaintiff's house, and seized his
goods under an execution for 2481. The plaintiff remonstrated
with them, and assured them that although he and the person
against whOM the execution issued were of the same name, he
(plaintiff) did not owe any person so much money ; but the
defendant was deaf to all remonstrance, and having left hiss
in possession of the goods in New-street, and having ascertained
that the plaintiff had a country-house at llornsey, he went there,
seized the household furniture, and left a person in possession.
On the next day, when the error was discovered, the two men
were withdrawn, and an apology was made by the defendant;
but the servants of the plaintiff; who were present when the
apology was made, did not think he was satisfied with it, but i
they swore that he shook his hand at the defendant's men as lie
was accustomed to do when in a passion. The plaintiff gave
instruction* on the filth of January to take proceedings, but a
writ was not sued out until the month of May.
Mr. SCARLETT for the defendant said, it was quite evident
from the delay which had taken place in bringing the action,
that it was the action of the plaintiff's attorney, and not of the
plaintiff, who he was satisfied was too honourable a man to
punish in the shape of damages a man who had merely com-
mitted an error for which he was sincerely sorry, or to add to
the loss of the parties who had employed the defendant, and
who had already lost the amount (2481.) of the bill of exchange
which was drawn by the plaintiff's son who was now dead. If
he were instructed rightly, he ,should be able to prove that the
plaintiff, so far from bringing an action, had promised on the
7th of IJanuaty last that if a suitable apology were made he
would not institute any proceedings. The apology required
was made, and the General having expressed himself satisfied
the action in its present form was not maintainable.
George Gray examined—On the 7th of January last I went
by directions of the defendant to the plaintiff's house to apologise
to him for having put in the execution, and to shoe him his
son's bill of exchange for 2281. which was the cause of bringing
the action. When the bill was shewn to the plaintiff he said it
was not his hand-writing, but was the hand-writing of his nephew
who had been dead for several years. I said I trusted that as
the defendant had acted through mistake the General would
not take any proceedings against him. The General replied,
. it was a most unjustifiable proceeding, but that the defendant
bad done nothing more than his duty. I then said that Burt,
and Johnson (the Attorneys who had obtained the execution)
were very sorry for the mistake, to which the General said
that he had received a letter from fluid and Johnson which
said nothing: and that the letter was not at all satisfactory. I
again pressed him to accept an apology from the defendant, but
liesaid that a great injury had been done to his character as a
gentleman and a man of honour, and that his servants would
give their tongues liberty. The officer who had been in charge
of the plaintiff's goods then suggested that the apology should
be made in the presence of the servants, and the General then
said he would call the servants. The bell was then rung, and
the footman and cook having come into the parlour, the officer
said that the execution had been put in through a mistake—
that the General's honour ought not to suffer by the circum-
stance--and that the General had been kindly pleased to accept',
this apology and to decline bringing an action against the
Sheriff's officer. As I was gOing away the General desired
that I should take away the man from Ilornsey and make the
same apology to the servants there. I said I had instructions
to withdraw the man in possession, and that I should make an
apology to the servants at Hammy. I gave a similar explana-
tion to the servants at Horns . When I left the General the
el/2
impression on my mind was, as far as 31r. Dunham was
concerned, the General watt sat ed with the apology.
it clerk from the office of Hurd and Johnson swore, that on
the morning of the 7th of January last, about twelve o'clock, he
delivered a lateen) the General from 'llurd and Johnson, apo-
logising for the mistake.—(The letter was then put in anti
read.)—When the plaintiff read that letter, lie said it was a
great mistake to make between a Captain and a General ; that
the bill of exchange was drawn by his nephew, who was a
Captain in 1817, and who could not by the most rapid pro-
motion be a General in 1824. ' The witness then corroborated
the testimony of the last witness respecting the apology, &C.
After this had been done, the General was in good humour,
and related the manner in which the attempt had been made on
his life. • - '

John piss gave similar testimony.
Mr. llnotronwas having replica,
}lto r.r...-.1.41t ►1 numpriro ..p J.s. If
which set of witnesses they believed. lithe believed the plain-
tiff's witnesses, a verdictinust be found for hint, with such
moderate damages as they might think justice required ; but
if they believed the defendant a witnesses, a verdict must be
fbund for him.
The Jury. having deliberated for about ten minutes, found" a
verdict for the plaintiff'—Damages 201.
COURT OF COMMON PLEAS, DEC. 15.
( Sittings after llfichaehnas Term in Guildhall, beibre Lord
'Chief Jnelice BraT and a Special Juryi
GIYING CHARACTER TO A SERVANT*
;WYATT V. COCKS AND ANOTIIF.R.
BD. STEPHEN opened the pleadings.
Mr. Sergeant WILDE stated the case.= •
This an action
for loss of character. The plaintiff, Elizabeth l'iryat,:lived in
was
the service of Mr. Cocks, a most respectable Gentleman, and a
banker at the West.iend of the town, and remained there two
years and half. Finding the situation too hard for her, she gave
notice to Mrs. Cocks that she would leave. Mrs. Cocks warned:
the plaintitragainst " quitting her service, as if she did, , she
would have to return to the country—to poverty; and perhaps
disgrace." She afterwards wished her to remain in her service.
The plaintiffafter leaving Mrs. Cocks went to Mrs. Burnet, who
applied for her character to Mrs. Cocks, front which anise the
cause of the present action. Mrs. Cocks represented the girl ns
being deficient In every thing, that she knew nothing of hair-
dressing or dressing. Among
other expressions she said that the
girl was "unsteady." Now that word might bear many con-
structions, but with Lathes of education, like Mrs. Cocks and
Mrs. Burnet its meaning could not be mistaken--rfor Mrs. It
answered to ads effect.--"- If that be the case (unsteady) I have
daughters growing up, and she is very unfit to be about them."
_Thio was the ground of the action. The plaintiff was in
humble circumstances, but her character was the dearest thing
she had, and he trusted that the Jury would so consider it.—
The plaintiff had been refused service in consequenee of Mrs.
Cocks refusing to give her a character. She had been reduced
to great distress. As a further act of kindness, indeed, the
only one on the part of the defendant, he made this a Special
Jury case—ntidoubt thinking that they, being'inasters, would
know how to deal with the case. He would only add, that the,
girl had given general satisfaction to her mistress, and he did
not see why a servant should be compelled to remain in a
moral prison, from the fear of not getting a character from her
mistress.
Airs. Burnett—Remembers about a twelvemonth ago calling
on Mrs. Cocks, of Harley-street, for a character of Elizabeth
Wyatt, for honesty, sobriety, &c. ; Mrs. Cocks said she was
perfectly honest and sober, but that there was a general want
of steadiness in her conduct ; that was the whole of her answer ;
witness inquired ifplaintiff was a good dress-maker, defendant
replied, that she knew very little of dross-making; she said
that plaintiff was formerly a nursery-maid; after the expres-
'ion of want of steadiness, witness said that she bad daughters
growing up, and that she could not take a person of that cha-
racter ; defendant made no answer to this ; she said that she.
afterwards took her to attend about her own person.
Cross-examined.—She said that her want of steadiness about
the children was the cause of' her making the change of taking
her about her own person. •
Mr. William Kinnaird Jenkins had occasion, on Wednes-
day, 7th January, to waft on Mrs. Cocks, in consequence of
what he had heard respecting Betsy Wyatt. Mrs. Cocks
had been a pupil, ef .hits. He said, " Mrs. Cocks, did you KAY j
to Betsy Wyatt She was to return toiler wretched hovel in.,
the country, and that you would take care that the should not
get another situation In .London ?" She answered, "I be-
•heve I was hasty in making the expression respectintr the
wretched hovel in the country, hut I did not say any Thing
about, a situation." I then said to her, " I hope you are not
rose; .to
,refuse the girl a character." She replied, " Bow
can I give her a character for steadiness, when she left my
house at five o'clock in the morning, to go I know not where,?
I awoke between three and four in the morning, but waited
till five or Ititlfpast five before I rung the bell, .for fear of
alarming the house—that was the reason of my discovering her
being out." She did not say at what time of the year it was.
She believed it was in the Regent's Park that the plaintiff had
been, The house of Mrs. Cocks is close to the Regent's Park.
,I said to Mrs. Cocks that it' a servant of mine had done so I
should discharge her instantly.
Cross.examined.—l asked the girl why she had deceived
Mrs. Jenkins by not telling her she had been out in the Park
in the morning. She then wept, and said she was willing to
apologize to 1(lre. Cocks for so doing. I told her to consult
Mr. Stephens, the attorney,? and Mr. Ballantyne, the clergy-
man, before she did any thing.
Re:examineti.--iilien I told her of the complaint of going
.it was before fale left. N hen I saw Mrs. Cocks, she said that
out at five in the inornintf7, she did not say how many months
she did not refuse to give the plaintiffa character, but oliserved,

" how can I give her a character for steadiness, when she is not
steady ?--I cannot give an unjust character." I then spoke
of an apology, and said 1 would go and speak to plaintiff
about it.
Elizabeth Lee remembers plaintiff leaving the house. I tan
a servant to Mrs. Cocks. I remember Mrs. C. saying that I
might tell Betsy to go to see her. I said to Betsy, gown and
make an apology. I remember the morning when Betsey
to the Regent's Park. It was twelve months before she gave
notice of leaving. She attended the children, and afterwards
waited on Mrs. Cocks ; she had the care of a child who fell ill.
Mrs. Cocks was satisfied with her conduct.
Cross-examined—l did not hear Sir William Knighton find
fault with her.
Re-called—l did not know what the apology was for. It was
something private between Mrs. Cocks and Betsy. The Phin-
tiffremained a twelvemonth after the morning of going out to
the Regent's Park.
Barnard Stadds, butler in the family. I heard Mrs. Corks
say to
ts ha childt s:
I Betsyel gbt believe vspieleeli pelisse
swiega sLans ntlaerw' e if
rf
after the child recovered.
3lr. Sergeant Vauc HAN addressed the Jury for the defend.
avast her,
mistresssh she
pelisse
; itfowr pleased;a
sh heard
en dr
on elayo
tion of malice must be proved. What would the Jury
ant, contending that there was no malice proved
and before a verdict could be given for the plaintiff, the inten-
a servant girl going out at live o'clock in the morning without
the knowledge of her mistress ? But the girl was refused a
character—she might have gone into the service of 3lr. Alex-
ander if she thought proper.: lie would not say that she Was
not right in getting her character cleared first, but that might
have been done without Wring recourse to an. attorney and an
officious clergyman. The allusion to the case being üb*
mitted to a special Jury was not at all called for. Sreeld
Jurymen, as masters, must feel as sensibly alive to the conduct
of servants as other persons. The girl could not be termed
steady who was reproved by Sir William Knighton foursarelesS.
a situation in London,
ness in nursing a sick child, and 3frs. Cocks was jified in
think of
giving a character as she found the girl to deserve. In fact
she denied having had anyintention a preventing her getting
consequently no malice could be assumed, nor was any proved
the
On these grounds he confidently expected a verdict for
De-
fendant.
The CHIEF JUSTICE summed up, observing, that if Mrs.
which was the sting of the charge, an_t!
Cocks had discharged the plaintiff on the day of her being in
the Regent's Park, telling her at the same time that she would
not give her a good character, she would be
justified ;
having kept her for twelve months afterward s, and havntitleding
brought no other charge against her, the plainff was e
to have a character. The question of malice was for the May
to consider. If they thought there was no malice, and that
the plaintiff' had not suffered in character, they would find for
the defendant ; but if otherwise, they would find for the
plain-
tiff', and give what damages they, thought would place her in
the same situation she stood before leaving the defendants
service.
The Jury retired for one hour and a half, and returned
verdict for the plaintitT—Damages 1004

CAEN NORMANDY, Dcc. 9.

At the Assizes held-here, a female, of the items
of Marie Desvages, a native of this province,irs
put to the bar, accused of having destroyed 11,.
new-born child, under circumstances of the ma!'
aggravating
nature. It appeared from the evii
dence of the witnesses, that on Friday, asking
of of July, she was seen by two persons walk'fig
on the road that leads from Roulones to Vire...—
Spots of blood were observed on her, and !.I,le
appearance of the woman exciting considerable
suspicion, search was made in the neighbour-
hood. Spots of blood were traced to some do:.
tance, and a parcel of foul linen was discovered
.
close to a hedge, very near the side of the road.
On a closer inspection the foot of a new..h°,!"
child was seen appearing above the ground, he
body and the head not being visible. The ie.
fant was removed with precaution from its hastily'
formed grave, and, to the astonishment Of the
spectators, it was ascertained that the poor little
innocent still breathed. Its mouth had been
closed with part of a handkerchief rolled allni,ll
ats.r. n 0 " Om rut pow, no d
olly,'
of causing suffocation, or preventing its cries being
heard. The wretched mother confessed that th
child was her own, hut would not state who the
father was ; the child had been placed by n
self in the situation it was found ; she also added,
that she dug the hole in the earth before the
child was brought forth, and immediately it made
its appearance, it was covered with the soil. Tl,vo
physicians, who were examined by the Judge
, er•
respecting the extraordinary circumstance of the
child being found alive, stated it as their opinion,
that the infant being placed in the earth the verY
instant it was born, it was quite possible that it
might continue to live in this situation as when
in the mother's womb : the poor little creature
had remained in this situation, totally excluded
from the air, from eight in the morning till fhe
ear
in the afternoon. The child was conveyed to t
Foundling Hospital, and does not appear to hav
suffered an e
ill effect from its having been 5,°
many hours y under ground. The mother was foun,...
guilty on all the counts, and the Prociireur
be passed on her. A law,
Roi was of opinion that sentence of death sh°ll!
dates from the 24th of June last, enable. coo.
Court to mitigate the sentence, and she on"
demned to hard labour for life.
however, thatdergYe

of beer,
have resolved to abstain from the use
since the late unwarrantable advance of id, per
jy
pot in the price by the brewers. of Cirencester
The'Ma orit of the.iehabitants

'3301: °(Otliitt°o:l3l: 6'9

COAL MARKET, Dtc• IS.
Ships at Market. Ships sold
WI Newcastle - . 30i
35:1 Sunderland -14 f

BIRTHS. ' of the
On the 11th inst., the lady of John Lowden, LA.,
Church-yard, Bedford-street, Covent-garden, of a •son.
On the 13th inst., at Grove-hlll, Camberwell, IVIFs•
Wynne, of a daughter.

MA RRIED. ll in
- -,_„fton..ui ,
At St. Andrew's, Ilolborn, John Hewitt, of UP' , the WC
the county of Kent, Esq., to Anne, third daughter et
Mr. John Howie, of queen-street, Cheapside. second
Mr, T. Vaughan. of Enfield, to Elizabeth Edridge,
daughter of 13. Edridge, P.sq" theßev Buntingford,.llerss. Robert
OnTuesday, the 14th inst , at Charlton, onist
Lynam, A.M. to.Elizabetb, second daughter of li
fie.
. . ,
Cotsworth, of ;Blackheath. . h, CO'
Elizabeth Ann, daughter of B. Jacob,
On Wedneaday, the 15th inst.,Giles's chtuc
side, to
herwell, 31r. Henry Congreve.„ of Wood-street, die" bowl
Westrninster-road. .
___—'...--------
Esq., of Urn*

. •
D I ED. !Virg.
On the 14th inst., at Thenford, Northamptonshire, '
On. I;
Ingram, in 'her 77th year. 11 i)t*
Gloucester-street, Portman-square. f Mr'
4—mistY, the 13th inst., aged 74, Mrs. NOrMstise 1
°n the.l4ll' inat, at Has& ', Elizabeth, the wife o , •
Joseph Elliott, late. Quarterngstaster of the Royal
,•40ilYi'
aged .
On Tuesday, the 14th inst., • ter'
On Wednesday, William Glirimes Eof 1 utlgate-;4
, • sq„ • ,
in his'B2d year. 1110'
Elizabeth Cato, widow of the late Mr. Thomas Cato, of aly
born.hill; in the 71st ymr‘of her age.- • • ••-)plict
On Sunday, the Nth inst., at Cheltenham, Mt. Chro.,
Emmott,,late of fkicester.square, aged M. hilAt
• On the 7th of May last, at Serampore, was drowned/ sl • •
bathing, Captain J. C. Carne, of the East India ComPanY '
at her house at Islington, „.si,
Artillery, son of John Came, of FalmOuth, Esq.
--- —'-'-:-----"ait."..

r

Printed and Published for the Pitorltivrotti, at the *,
OFFICE, No. 112, itrand, by J. D. CAROTAIS6.

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