The Sun.
London, England, 1867-12-04 00:00:00

DECEMBER 4, 1867.

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius before Mr. laigtice Blackburn
and a Common jury).

SIMPSON V. DUCIE.-ACTION AGAINST .A PUBLICAN,

This was an action to recover compensation in
damages for an alleged false imprisomnent. The
defendant pleaded not guilty, and also justification.
Mr. E. P. Wood appeared for the plaintiff, and
Mr. Philbrik for the defendant.

It appeared that the defendant was a publican,
and that he occupied the tavern known as the Duke
of York, in the Vauxhall-bridge-road. SQIII,I
months ago, on one Saturday evening, a disturb-
ance took place in the tavern, and the plaintiff goy
mixed up in it and was given into custody by the:
defendant, and detained at the station an -hour
and a half. He was then bailA, and cams up
bofore the magistrate on the following Monelay,
but tile prosecutor did not appear, and he was dis-
charged from this short term of imprisonment for
which he was now endeavouring to recover com-
pensation. The plaintiff described himself as
having merely been a spectator of the affray, and
that he was entirely innocent of any participation
in it. The defendant and his witnesses, especially
a man named Donaldson, who described himself as
a costermonger, a vendor of baked potatoes, coke,
and coal, stated that the plaintiff interfered with the
landlord while he was ejecting .a quarrelsome cus-
tomer, pushed him against some hoardings, and
requested him not to meddle in other people's busi-
ness, used very foul and abusive language, and for
this he was given into custody. .

The policeman who took the charge stated that
when he first saw the parties they had hold of each
others collar.

POLICE INTELLIGENOE.--This Day.

MARLBOROUGH-STREET.

TIIE CAB QUESTION.-CHARGES A.GAINST ,CAB-
IIEN.—George Smith, a cab driver, badge 3,560,
-was charged before Mr. Tyrwhitt with behaving in
a disorderly manner, and attempting to overthrow
the cab of James Buckingham, cab proprietor and
driver, thereby endangering his life.
James Buckingham, proprietor of cab 11,272,
said—About 10 o'clock last night I was going
up Regent-street on my cab, being engaged,
but having no fare in my cab at the time,
when the prisoner and about 20 or 30 others
came up. and the prisoner said, " Take that --
cab home, or I'll throw it over for you, and break
your neck." The prisoner then seized me
by the collar, and tried to pull me off my cab, and
then tried to overturn my cab. I then gave him
in custody of a constable who came by.
Police-Constable William Thom, 125 A R—l
was in Regent-street last night, and saw the pri-
soner and about 20 or 30 others walking after the
complainant's cab, and I heard the prisoner, at the
top of bis voice, say, " Why don't you
take that --- cab home ; we will upset
it for you." I saw the prisoner go to the
forepart of the cab and lay hold of the
complainant, and he came behind and put his arm
upon the hind wheel, as if to throw the cab over, and
I then took him into custody.

Prisoner—l saw the complainant plying for hire,
and all I said was " Take it home."

Mr. Tyrwhitt—Why was the complainant not to
drive?

Prisoner—That's right enough, but he had no
Stamp-office plate.

Isaac Powell, a cab proprietor, said—l was walk-
ing up Regent-street last night, with the prisoner
and two others, when I heard the complainant say
" Cab, sir," and I said, " No, take it home,"
the reason why I said so being that he had only
a chalk number on his cab.

Mr. Tyrwhitt—You were, in fact, enforcing the
act of Parliament.

Witness—Yes. The complainant had no plate
on his cab. The complainant said—" L)ck that
man up," and the constable carne up and did so.
Mr. Tyrwhitt—Did the prisoner never take hold
of the complainant ?
Witness--Not at all.

Tyrwhitt fined the prisoner 405., or 14 dap.
William Reed, badge 9,259, was next charged
with a similar offence.

Mr. Tyrwhitt ordered him to find bail in £lO to
keep the peace for three months.

THE PRESENT AUTUMNAL SESSION.