The Sun.
London, England, 1847-10-18 00:00:00

MIDDLESEX SESSIONS.

(Before Mr. Sergeant ADAMS, Assistant-Judge, and
a full Bench of Magistrates.)
THE LAW OF LANDLORD AND TENANT.

On Saturday Thomas Pratt, a house-agent in the
Liverpool-road, was indicted for an assault upon Ca-
roline Passmore.

Mr. Parry appeared on behalf of the prosecution,
and Mr. Clarkson, with Mr. Ballantine, for the de-
fendant. _ _

It appeared that the husband of the prosecutrix
was the tenant to a Mr. Arden, who was usually re-
presented by a gentleman of the name of Nicholls.
The house they resided in was No. 12, Compton-
street, Brunswick-square. After having been there
for some time the rent fell into arrears whereupon
Mr. Nicholls threatened to eject the family. Ac-
cordingly, on the 13th of August the defendant
went to the house and demanded possession, which
the wife refused to accord. After a variety of appeals
to her, but all in vain, he broke one of the -panes of
glass, and, putting his hand through, contrived to un-
fasten the hasp, and then lift up the window. He
put his son through into the house, when the latter
opened the door. He demanded possession, but the
woman declined to accede. The defendant then told
her that he would give her three hours to procure
lodgings, and that on his return he should expect her
to hand over the key. At seven o'clock the defendant
again called, when they had some further conversa-
tion, which resulted in the defendant consenting to
permit her to remain in the house till the following
morning. The next morning he went and took some
men with him, but on their arrival at the house they
found the door closed against them. Mrs. Passmore
would not admit him, and he therefore broke open
the door with a crowbar with which he had provided
himself. The instant this was done she ran up stairs,
and locked herself in the drawing-room. The de-
fendant and his men followed her up stairs, and also
broke open this second door. The defendant de-
manded that she should give up the key; and quit the
house. She refused, and then he gave directions to
his men to take her down stairs and put her out.
They laid hold of her accordingly and took her down
stairs, but upon their reaching the street door a mob
of cabmen rushed in and rescued her. She instantly
ran up stairs again, but the men having followed laid
hold of her by the legs and shoulders, dragged her
down, and she was thrown out upon the pavement.
As she was being dragged down the stairs she laid
hold of the banisters, but the defendant hammered
her fingers until she was obliged to let go. By this
proceeding he dislocated one of her fingers. Prior to
her having been thrown on to .the pavemeA one of
the men kicked her with so much violenoe on the
side as to cause the fracture of one of her ribs. Her
four children were next turned out, and she was
picked up and carried in a fainting state to a neigh-
bouring public. house.

In 1111 cross-examination by Mr. CLARKSON, it ap-
peared that her husband was in the country at the
time of this transaction, andh se wished to remain in
the house until the Monday, as he would then have
returned home. Her husband was a cab proprietor,
and one of his sons was a driver of cabs.

A person of the name of Cressy, a tradesman in
the neighbourhood, said that he was passing the
house, and saw the woman not only thrown out, but
also kicked by one of the men. The whole street
was in an uproar upon the occasion.
_ _

Mr. CLARKSON Then, on behalf of the defendant,
addressed the jury at much length. He would call
the attention of the Court to the agreement, but he
would, in the first instance, state that the prosecutrix
(Passmore) had pertinaciously maintained possession
of these premises, notwithstanding there had been a
considerable arrear of rent and payment, as well as
peaceable possession, demanded by Mr. Nicholls, who
acted under the authority of a poser of attorney
from Mr. Arden, the 'andlord. It would be found
that, so far as the taking possession and the right
to take that step were concerned, the terms of
the agreement gave full authority ; and, more-
over, that ia the event of an action being 3.1)-
sequently brought against the parties adopting
that proceeding, those parties were empowered
to plead the agreement itself as leave and license.
He was prepared to show that there had not been any
more force brought into operation than had been re-
quired. The agreement, after setting out the amount
of rent, and the mode by which that rent was to be
paid, proceeded—" And the tenant agrees that if the
premises, or any part thereof, shall at any time be
unoccupied, or any part of the rent be unpaid when
due, or if there shall not be at all times on the pre-
mises a distress to countervail the amount of any
rent, taxes, outgoings, &c.; and if; after the land-
lord shall have levied any distress on the said pre-
mises, and realised the value of such distress,
any-
rent hall remain due to him under this agreement ;
or, if the tenant shall not at all times observe and
keep the several terms, conditions, and agreements
herein mentioned, or shall not quit and deliver up
possession of the premises on the expiration of the
term, er pursuant to notice aforesaid, or shall com-
pound with his creditors, or become bankrupt,
or seek to take 42 benefit of any In-
solvent Act, &c.'; /and in either of such
cases, and without any demand whatsoever, the
landlord and his agents may immediately enter upon
and take possession of the premises, and for ever expel
and remove therefrom the servants of all persons
claiming under him without any legal process what-
soever. And in case of such entry, and of any action
or other proceedings taken for the same by any per-
son whatsoever, the defendant or defendants may plead
leave and license' of the tenant or any persons
claiming." He would call the attention of the
Learned Judge to the case of" Kavanagh and Gudge,"
the 7th in " Scott's New Reports in the Common
Pleas," p. 1,025.
The Learned JUDGE said that it appeared to him
that this agreement was a justification for the expul-
sion of the party, unless it could be proved that in the
accomplishment of that step he had used unnecessary
violence. The only question which he should even-
tually leave to the jury would be whether or no, in
effecting that removal, there had been greater violence
used than was absolutely necessary ?
Mr. BALLANTINE said that all the chambers in the
Inner Temple were held under a similar agreement.
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the
applications
defendant,ieatioo s
for bpya
in-
dulgence as to time had been given ; and then when
the defendant and his men had ultimately been driven
to force their entrance not only into the house, but
into the drawing-room, the prosecutrix threatened to
stab the first who should approach her. She then
opened her front window, and, sitting npon the sill,
pulled down the sash, so that, whilst her legs and feet
room, her head and body were
she was calling out to
taibuasetand in the street) for
otv we eert ech
aedbaomnaegt
nal
ii
dn( get
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Alle t
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this
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assistance. With much difficulty the men, however,
laid hold of her, and, as has already been stated, she
was set at liberty by the mob as soon as the door
was opened. A second time she retreated up stairs,
and resumed her former situation at the window.
From this she was once more taken and put out of the
door. %elle men denied, however, that any of them
had k.cited her.

Mr. PARRY made an energetic speech in reply.
The Learned JUDGE then left it to the jury to say
whether there had been a greater proportion of force
used than was necessary to regain possession from an
unlawful possessor.
The jury consulted about an hour, and then re-
turned into court with a verdict of Acquittal.

NFSorr/OesNte-
rH2OthUe
POLICE INTELLIGENCE.
John and DanielMA Slicers, have been
for some time occupied in watching the movements of
several foreign Jews, who have been, according to
the information received by the officers, engaged in
forging notes upon the Russian Bank to a very large
amount. On Friday they went to a house in which
some of the parties resided, and with a sledge ham.
mer broke open the door of a room in which the un-
doubted evidences of guilt were visible. It was ne-
cessary to proceed to sudden violence in order to ac.,
complish the work of detection. There were three
men in the room, and they were brought to the
Mansion-house, when, as it was indispensable on ac-
count of the fact that others were concerned, that
there should be no public statement, a private exami-
nation was held. Subsequently, five other persons
were apprehended as accomplices.
Mr. Ballantine, who is retained by the Emperor of
Russia, appeared, together with Mr. Peachey, from
the offices of Messrs. Oliverson and Ca., of the Old
Jewry, for the prosecution.
The three persons who were examined on the Fri-
day are named Aaronson Leybe, Jacob Friedeberg,
and Raphael Koufman.
Daniel Forrester, the officer, .said—in consequence
of information which I received I went, in company
with my brother and Munday (the Mansion-house
officer), to No. 8, Queen-street, Soho. We went up
to the third floor, and with a hammer broke open the
door; and we found, upon entering the room, the
three prisoners. There was a small table in the room,
and I saw Leybe and Friedeberg standing near it;
and Koufman, who was also at the table, had a pair
of scissors in his hand. On the table I found the
papers produced.—(Here the witness produced
several pieces of paper, representing the Government
bank notes of Russia.) On the left-hand side of
Koufman there was a bed, and in the bed I found
other papers. In the coat which Koufman now
wears I found, in the lining, the papers produced
(similar notes). There were in the cupboard several
other papers and a variety of lithographing stones.
There was a press in the room.
The Loan MAYOR—Do the prisoners wish to ask
the witness any questions ?
Aaronson Leybe—l do assure you that I know no-
thing at all about anything bad ; I know nothing
wrong. In the name of God, I bad nothing to do
with it.