The Sun.
London, England, 1856-07-23 00:00:00

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VS PAPER

Kay was proceerlitV to his house in Hill-strcet,
interfered with by a .man muffled in a cloak whi
sealed his features, w ho asked him if his name w;
end being told it was, said —" arrest you for d_
He replied he owed no .debt be could he arrested fois.
The man answered, " Yc,ur wife does." The complainan
was arrested, be was not allowed to go into his house,
but he was taken in a cab, by the man who arrested him,
to a house at the west-erect of the town. He was, placed
in a room'on the ground floor, and:amen disappeared,
locking him in the room. The complainant sat down to
write a letter to his solicitor ; while • thus engaged the
door was °petted, and ti.e defendant Johnston came in.
Tile complainant naturally said, "Why have I been ar-
rested for debt ?" The defendant replied "The arrest is
all sham, it wag only made for the purpose of getting
you here." The defendant . then locked the door and
commenced a tirade of abuse and slander of the charac-
ters of certain parties, afterwards making overtures to
revive the association that had already proved so
ruinous to Kay. The defendant Johnston would not
permit Kay to depart without extorting a pledge that
he would write to him and ask bins to dine in
some place, who.) they could ti-en so arrange as to
get the Court of Chancery decrees modified in some
way. Now, a promise so obtained, neither in law
nor honour is binding. As soon as Kay obtained
his liberty he sought advice, and in consequence of
that step the defendant is here before you. The cora-
, plainant Kay was imprisoned three hours--from 12 at
' night until 3 in the morning. This appears to me to be a
serious and scandalous outrage. It arose out of proceed-
gs in a higher court of law, and I think I am justifiid
in calling on you to ask Johnston to find good bail to
answer such charge as may be preferred against him in
another court. The charge of assault is made out in the
confining and locking him in a room. That is the assault.
There can be no reasonable doubt that the defendant and
the other man were acting in concert together. It is not
necessary to show who this man is, there being sufficient
evidence of conspiracy to enable us to prefer a bill of
indictment for conspiracy. and to 'ask you to requite .
sureties from the defendant to meet the charge.
The complainant was here called incourt. He lea
young man cf. mild and diffident aspect. On being sworn
he said—My name is William Kay, and I live at 36,
Hill-street, Berkeley-square. I came of age in 1854.
and was then entitled to considerable property. About
two years before IC,anse of age T. got acquainted with
the defendant. I ova hart ileine bitic, and aftei I came
of age some bonds. 'A decree has been obtained to set
them aside.
Mr. Robinots called for the production of the decree.
Mr. Galworthy, solicitor, 12, Old Jewrycharnbers,
was called. He prildnced the original decree of the Court
of Chancery, and read portions to the effect that a_cer-
tain bond of assignment was to be delivered up and can-
celled ; that certain suites of apartments in Hill-street,
Paris, and a place in the country, were to be given up to
their owner or owners, together with the furniture ; that
an account of all sums of money paid by Johnston to a
person named Adams. on behalf of the complainant, te-
gether with a sum of 30,0001. raised by the plaintiff and
handed over to Adams, he rendered, and an acc-nnt
taken of them ; that all the securities held by certain
parties, together with a certain settlement of property,
were to be entirely void.
Mr. Kay's examination resumed—On Tuesday night,
the Bth of July, I was returning home from the Wynd-
ham Club, when I was stopped by a man whom I never
saw before, who was dressed in a light opera cloak, with
the collar up, and who said to me, "Are you Mr. Kay ?"
I said "Yes." He replied, "Then I arrest you for
debt." I said, "Whatdebt ?" He replied, "A debt of
your wife's," mentioning the sum, and filming the per-
son to whom it was owing. He said he had a writ and
a judgment against me, and must take me. The man
refused to allow- me to go to my lawyer's. He asked
me where I preferred going to—a police-office, the police
station, or a private house ? I said, " Let us go to a
private office." A cab was passing at the time. He
asked if I would cab it, or walk it ? I said I would
ride ; and we got into the cab, which drove to a house
that was strange to me, and which I afterwards found
out was No. 1, Park-street. I asked the man when we
were in the cab if I might write to my lawyer. He said,
"Yes ; and you will be at home in half-an-hour." I
was shown into the dining-room, where there were pens
and paper. The man left the room, and I sat down to
write to my lawyer. While doing this the door opened,
and Johnston walked in. He said to me, after locking
the door and taking out the key, "I desired to have an
interview with you." I asked him if I might send a
letter to my lawyer. He refused compliance, hut Ido
not recollect his precise words. I Old him I had been
arreeted for a debt of my wife's. He said he did not
know anything about the debt. He admitted in the
course of the evening that he had no other means
of obtaining an interview with me than by the means he
had used.. I said, "Am I here against my will ?" or
words to that effect, and I cannot recollect his answer.
I said, in answer to his question, " I am in your power."
He then began to make certain statements against per-
sons interested for me, which I believed to be calumni-
ous. He spoke disrespectfully of my wife and some
friends. He wished me to refer the matters between us
to arbitration, and to! set aside the judgment that had
been obtained. He mentioned the name of a person
to whom he wished the matter to be referred. I
did not agree to the offer. I said I would abide by
the determination at which the Court of Chancery
had arrived. He asked me if that- was my decision,
oc vice site -that elfect: ' I said, "Yes." I believe
Johnston then left the room for a minute or two, and
I believe he unlocked the door. and be locked it out-
side. I did not try if the door was locked. My belief
is that the door was locked. Johnston returned, and
when he shut the door I believe he locked it. He then
wished me to appoint a meeting, and be mentioned the
name of a person who had called at my lawyer's. I said
I would make no appointment, and he then replied that
I had better go to bed.
Mr. Beadon—Why were yest to go to bed ?
Complainant—l was to stay in the house. I was not
to be allowed to go out.

[PRICE 4D. STAMPED 5D-

Mr. Beadon—Did you ask Johnson if you might leave
the house ?

Complainant—l did; and I believe he said "You
shall stay here until you consent to do what I want
you to do." At first I said I would take a bed, but
Johnston did not press this upon me. When he found I
would not make an appointment, he asked me to write
and fix an appointment. I bad been in the house some
time then, and I said, "If you will let me go now I
will not mention anything that has occurred." He said
"I will not let you go until you give your word and ho-
nour that you will till nothing that has occurred to-
night to anybody." I did make that promise; and also
that I would write to him. I was allowed to
.go home
after being detained in the house about three hours.
While I was in the house the defendant asked me to
have some brandy and water, but I refused, not being
thirsty. 1. was write to the defendant, and direct to
the Army and Navy Club—he being a member, I be-
lieve.

Mr. Rlbinson having requested Mr. Kay to retire,
proceeded to say that he hardly knew what course to
pursue, as the two charges of assault and conspiracy had
been mixed up together. With regard to the assault,
he had to submit to the court that no coercion had been
used, and that no one laid hands on the complainant.
Mr. Beadon underttood that the man who arrested
the complainont laid hands on his shoulder.
Mr. Kay was recalled. He said the man touched hint
on the shoulder, but not Johnston.
Mr. Robinson sail it was clear there was no touch-
ing by Johnston in any way ; the touching by the first
man was not touching by the second. The magistrate
would refuse to stretch the law to meet a case of this
kind merely because his learned friend had called it an
outrageous assault.
Mr. Beadon—The lock was turned upon him.
Mr. Robinson—ls that an assault ?
Mr. Beadon—Oh, certainly. Imprisonment is an
assault.

Mr. Robinson—Looking at the extraordinary way in
which Kly has given his evidence, and recollecting that
he made no attempt to open the door, can it be said
there was imprisonment er assault
Mr. Beadon—No force of any kind appears to have
been put upon him. He seems to have gone willingly.
He appears to be a weak young man, for he does not
appear to have even attempted to assist himself in the
slightest degree. He chooses to go to a private house
instead of the station house, where he would have been
safe ; and when he gets to Johnston's house he does not
attempt to rescue himself. No force is used.
Mr. Bodkin—Johnston said, " I shall not let you go
until you do what I want."
Mr. Beadon—The lock was turned on him, and that
certainly it an assault. He did not know how the
matter of the fictitious arrest might turn out. It would
be a very serious business if an illegal process had been
resorted to for ulterior objects. The young man appeared
to7have gone quietly, and the question was, was this an
assault that required more than - sureties to keep the
peace I The question of conspiracy was an entirely
different case.

Mr. Robinson—lt was only a ruse to procure an in•
terview.

Mr. Beadon—Tbat interview might be to' get rid of
the decree of the Court of Chancery.
Mr. Robinson—Mr. Kay has not suggested that.
Mr. Beadon—No ; but he declared himself ready to
go to bed.
Mr. Robinson—You must recollect you are dealing
with a weak man.
Mr. Bodkin—Those are the very people the law pro-
tects.
Mr. Bodkin pressed the magistrate to order the de-
fendant to find bail to meet the charge of conspiracy.
After some discussion it was understood that the
assault wag to be disposed of by the defendant entering
into his own recf,gnisance to keep the peace, and that a
summons to answer a charge of conspiracy Was to be
served on him in court.

THE SOOTS FUSILIER GUARDS.--A splendid banquet
was given by the Fusilier Guards, at the London
Tavern, on Monday evening. Covers were laid for 100.
The chair was taken by H. it.ll. the Duke of Cambridge,
Commander-in-Chief.

FATAL CoLLIEEY EXPLOSION.- -An explosion of fire-
damp occurred in the Strafford Main Colliery, Stain-
borough, near Barnsley, belonging to Messrs. Smith,
Carr, and Smith, on Saturday afternoon, just as the
men were leaving work, owing to the negligence of the
two persons who were fortunately the only victims of
the itccident. Most of the hands bad got out of the
pit, when a man named George Ward, aged 38, and a
lad named Griffiths, a son of one of the managers of the
pit, incautiously took a lighted candle into a "beak"
to search for some metal rails. The flame immediately
came into contact with some fuul fair, which is supposed
I to have been liberated by the falling in of a portion of
the roof a day or two previously, and a loud explosion
ensued. Ward was killed on the spot ; Griffiths escaped
death, but was very seriously injured. It is due to the
proprietors of the pit to state that they have introduced
every modern improvement for the prevention of acci•
I dents.

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