The Sun.
London, England, 1841-11-15 00:00:00

IXCHEQ6ER CHAMBER.

(THIS DAY.)
BESWICK V. WESTBROOK.
th 31r• opened this case to the Jury. He said
his rih3tiff was a respectable master tailor, who brought
whltion for false imprisonment against the defendant
on: he believed to be an independent gentleman. About
Al4',q(,`ek, on the morning of the 29th September, the
fri`; who had been spending the evening with some
was returning to his home through Great Or-
thin-:-street, when his attention was attracted by some-
ket glitterin on the ground. When he was in the
Can: °
Picking it up, the defendant and af j
friend of his
ksk uP, and asked what it was. Plaintiff ocularly
tried,l What they would give for it, or something of that
NI, The defendant was very wroth, and instantly
find` for the police. A policeman canoe up, and de-
litsiNave the plaintiff in charge. The policeman
sisted, Considering it no charge at all ; defendant in-
,
'and the policeman desired them all to go to the
tli,Caouse. On arriving at the station-house,and finding
ttj e,klis would not be taken, the defendant changed it,
th,ti.`" he belonged to the Mendicity Society, and would
slizh4 Ira in charge for begging, for which there was not the
the pest Pretext. Now it was to be borne in mind that
40 iltn-arge-of begging was one which ensured the impri-
-4-kii'nt of the plaintiff; for upon it no one could be
INC lie was locked up with some drunken persons,
~antd the streets to the police-office as a va-
tatl ; ' charged there as such ; detained for some time,
that ,4-"stantly discharged when the hearing came. For
triost"lmlg he now claimed damages of the jury, and he
rifi 'tl they would teach the defendant that he had no•
totititdt° Put the powers of the police in action upon so un-
aC'd a charge. He then called
1111,,(1.1,_'15, 78 E. who was called at the time in question.
kitve-41,.1te Came up defendant load hold of plaintiff, and
1441;1,110 in charge as an impostor, because he wanted
4N,`'herendant) to give him money for what he called a
,44,6,,4t which was only a bit of bronzed China. De-
kluw-"L,said plaintiff was an impostor, and he would
char who he was. . He insisted upon witness taking the
clef:',,e' They all went to the station• house, where the
t4k l'"ant, on finding that the charge would not be
Wi''t.„E'' "barged him ritlo begging. and he was locked up.
chargess t Jok him to Hatton-garden next morning. The
naS at Nv-t.s not heard-till two o'clock, when the plaintiff.
The c"(e discharged. The plaintiff was quite sober.
/ 'readout appeared to have been drinking.
erQs • inaion the witness said defendant
aq 'red . • if if he would make
feral times to let paint' go
444,u.(1)% Plaintiff sald.be was as respectable as de-
"t, and would see,,the charge out.
111, Vector Maud gave an account of what tools place at
la:tation-house. as stated above.
YoiC,;°4 ALDEnsoN—When charges are made before
-,),You use no discretion ? Witness —Yes.
Ilte 'r--'vhY then was the plaintiff detained ? A.—The
gtelvas regular.
tef„; Suppose the Lord Mayor of London were brought
1144 You, and charged with begging, would you detain
No • but here I presumed the charge was
Q• \Vuhle.
(44 ty ? Was the plaintiff ill-dressed ? A. No.
Id he appear to be in want ?—A. No.
YNY,:;eII, ha was well dressed, perfectly sober; ha told
kith was a tailor, and where he lived ; he is charged
'kchFgging by a drunken man. Why detain him under
'lrclnstances ?—A. Why, I had some doubts
Wh:r°ll ALDERSON—Then you ought to have inquired.
hrp-„11 You have doubts in future, exercise them for the
lof keeping people out of prison, not for putting
eaat 'I If you- had exercised any discretion, or the
hearae°ll?, Ilion -sense, this matter would never have been
1. 14
14031)**"; RIM, for the defendant, said the action was as
11StITY: a, one as had ever been tried in a Court of
wa.3l.e' The evidence
-- clearly showed that the plaintiff
most anxious to get a cause of action, or he would
1
It vr,sve minded what had been said by a drunken man.
Nlip,„a case wherein the very smallest coin would fully
Th„l4te the plaintiff.
Npd,-Learned JUDGE having summed up, the Jury
'or the plaintiff—Damages 2cl.

tIAIL COURT—(THIS DAY.)
(Before Mr. Justice PATTESON.)
1 kr ngiltE QUEEN V. BRADSTOCK AND OTHERS.
'utozEir moved that the defendant Bradstock
The ease should be brought up to plead.
tiled,C,„`lerendant was accordingly brought up, and having
.74 re-committed to Giltspur-street Gam ter.
with
r.lt
tiZueistood this is one of the cases connected
City election for Bridgemaster.
GREEN V
as. HIPPESLEY.
Shin
ease which wan action brought against a
,ao the' Plaintiff had been non-suited, in consequence
.-Ved°":e bein in attendance when the case had been
r
°n•• g
7e .o,l4tstcEit had obtained a rule nisi' to reinstatel.
tsui 4°190 the affidavits of. the. attorney for the p am-
ma clerk, from which it appeared that theds aot-_
igial,'",",,ad been in attendance in Court on the y.. f
/ ‘s'll" had instructed Mr. 'rhesiger and Mr. Marlin
'ae4l'ear for him ; that he had remained in Court. until
14)14,Y tWo o'clock, at which time a cause was
ex-
St4B,°, ni trial, in which numerous witnesses were d
to' be 'eicamined ; and that there were two e
causes at ‘ti: at time standing on the paper before
ttlrtlthe ettuse
of Green and Hippesley ; and that the at-
unnking the case safe, had gone away that
litte," his absence tht.• two causes preceding this one
t ueen
k postponed to the next sitting of the Court
and °lint of their length ; and that when Green
414141iPPesley was called on, 31r.
.rhesiger and Mr.
the cn, the Counsel for the plaintiff, being both in
the`tliurt of Exchequer, it was repreets_e_nted to the Court
11°
person appeared for the plaintiti, and the nonsuit
trusNered accordingly. Under these circumstances, he
the Court would order the case to be reinstated
4: Paper.
Shtll,• tItLE said, that as this was an action against a
"P.t:(l-, he had been instructed by the attorneys for the
kiv:111-4nts, Mesrs: Adling_ ton andgyeagsortyh,etodtuatkyees.•ery
of the
ktern tape which the law gave.
tilos eY for the. plaintiff not to leave the Court ; he
Ifa Let° 'in so, he must take the consequences. hoped
ileurdship would not suffer the cause to be reinstated.
TuEsicEit having replied, .
tfWv:Justice PATTesort said that it appear,
t,ttia its that the uttorneys for the defenuants
were
per-
red from the
this
that it was the intention of the plaintiffs.ninte.
torrn tins
"us and the Court ought to have b
had ni that fact when the cause was called on ;eea.s that
itist4ipt been done, he thought the cause ought to be re-
Q,00,h".--Rule absolute.
, v. MORAN.—THE LAW OF BUTTON-HOLES.
-"e "Life and Opinions of Tristram Shandy" the
ter anthor of that work bath promised to write a chap-
th.lt ri button-holes. Until this day we were not aware
'Pa kit which Sterne, in the overflowing playfulness of h
:,attitiot odsebdeet on thedeoetausely plus ultra of
I perpetratedne by
ltoPtde,?°!„ketive Niir:ldl" in sober solemn seriousness.
tu It thou seekest a chapter upon button-holes turn
1,, iite atatutes at large, and at cap. 12 of the 7th of Geo,
th
atcl wilt find one. By that statute it is enacted
4-th "rn and after the nine-and7twentieth day of Sep.-
iOall which shall be in the year of our Lord 1722, it
be lawful for any person or persons whatsoever
op the kingdom of Great Britain to use or wear
111:Z;e111o7th,eisetir clothes, garments, or apparel whatsoever
*ihi Nttons or button-holes made or bound
drugget, frieze, camblet, or any stuffs
8141 ttc)f clothes or wearing garments are aydmae,
qlse eat if
t b "Y person whatsoever within theusu kinllg omd of
bole Britain shall use or wear any buttons or button-
s so
toavict "'lade or bound, such
credible
ed thereof by the oath of one or more _
person shall, on being
telt I or witnesses, or by confession of the party, 1.4:)
tia4)or every dozen Of such buttons- or button-holes so
r
th. 111 the sum of forty shilags.”
11110 e, 's case the law 'in question had been
.brought
trot,. lltil,e_nnotie.e of the Court. The plaintiff, a tailor, had
Itm'N ,„149` action to recover for goods sold anti delivered,
tti ""`' plaintiff had pleaded that the buttons were ille-
Alte, and the button-holes breaches of the law.
tals :„1100GINS, on behalf of the plaintiff, moved for
IsitZ,44l. to , strike out the plea as irrelevant, and to sign
• Q'it4t for the plaintiff thereupon, and argued that

.1‘

the Act said nothing about tailors nuking, but aLout
persons wearing unlawful buttons, or indulging in crimi-
nal button-holes, and that moreover he was entitled to
recover, his cloth.
Mr. Justice PATTESQN granted the rule nisi..
The consequence of the aboie decision is that the de-
fendant will have to show cause against the rule, and
the Court will, at some future period, be occupied for
some hours in listening to a learned argument £fl button-
holes. Oh Sterne., Sterne ! hide thy diminished bead!
Here we shall have a solemn judgment on button-holes,
delivered in Banco Regina, by the Judges of the land !
What is a chapter to a judgment ?
•