The Sun.
London, England, 1867-08-16 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CROYDON, Aug. 15.
(Before Mr. Justice Blackburn and a Common
Jury.)
HEAVY DAMAGES FOR FALSE IMPRISCrNMENT.
The case of " Fishley v. Cooper and another"
was an action to recover damages for wrongful dis-
missal and false imprisonment upon a charge of em-
bezzlement. The defendants pleaded in effect that

the plaintiff was guilty of the offence of which they
had accused him, and that they were, therefore, jus-

tilled in the course they adopted.
Sergeant Parry and Mr. Besley were for the
plaintiff ; and Mr. Montagu Chambers, Q.C., and
Mr. Talfourd Salter for the defendants. _ _ .

This case occupied the court a considerable time,
and the circumstances were of a somewhat
extraordinary character. The plaintiff had been
a commercial traveller and collector for seve-
ral highly respectable firms in the City prior
to his introduction to the defendants, who are
wholesale grocers in Lime-street. He was engaged
by them in April to travel about the country to
collect orders and receive moneys, the salary to be
paid to him being £l5O a year, and £1 a day travel-
ling expenses. At the time of entering the service
of the defendants he had made a proposal to a
guarantee society, with which a certain amount of
insurance was to have been effected, but owing, as
was alleged on the part of the plaintiff, to some
mistake the guarantee was not completed, and
therefore upon the counts relating to the wrongful
dismissal it was admitted that the defendants were
entitlectto a verdict. The question relating to the
false imprisonment was of a much more serious
character. Very shortly after plaintiff's engage-
ment he, while on a journey, sent a statement of
moneys received, among which was a sum of £ll
16s. 6d. from one customer, which he had duly
entered. The total amount he received was not
transmitted. Some correspondence then took place,
the result being that the plaintiff was ordered
return home to make out a statement of accounts,
which he did. The defendants were not, however,
satisfied, and they discharged the plaintiff, after he
had been in their service only about four weeks.
A certain amount of money was at this time in his
hands upon balance, and he made a claim for salary,
which not only absorbed the balance in his hands,
but made defendants his debtors. As he kept the
money, one of the firm went to the Mansion-house
to see whether a charge of emb2zzlement could be
supported, and to obtain a warrant for the appre-
hension of the plaintiff, when one of the clerks, upon
his stating the facts, expressed a strong opinion
that a magistrate would not be justified in granting
a warrant. Notwithstanding this the defendants
obtained the assistance of a City detective officer,
who apprehended the plaintiff upon the charge of
embezzling the sum of £ll 16s. 6d., and he was
locked up all day and night, and in the morning he
was taken before the Lord Mayor, who adjourned
the inquiry for a week, but admitted the plaintiff
to bail. At the next hearing Mr. Wontner, the
solicitor, attended for the defendants,: and ad-
mitted that he was unable to support the charge
of embezzlement, and the plaintiff was then dis-
charged.
Ihe jury, after consulting together for about a
quarter of an hour, returned a verdict for the plain-
tiff—Damages, £4OO.

A NIGIIT IN THE PARKS.—Of all the public dor-
mitories, the largest and best is the Mall of St. James's-
park. There are canopies of foliage to keep off the rain,
and those of the benches that have backs or a tree close
behind them are at a premium. On an average each seat
has three occupants. Some prefer to recline at full length ;
others rest with outstretched legs, pocketed hands, heads
well down, buttoned-up coats, and hats half way over their
noses. Lads combine in a heap, and, towards dawn, rise to
shake their wits together, and enjoy a stimulating scratch.
Not only from the lowest class are the guests recruited:
Many of the sleepers are dressed tidily, almost well; and
' conjecture may busy itself as to the causes of their alfresco
slumber.—Once lVeek.
ADVERTISEMENT.] Holloway's rills are the proper
medicine for people whose faculties are faded, and whose
energies are exhausted by excessive heat, too much work,
or over indulgence. A few doses of these pills always
prove a simple, safe, and cooling treatment for all stomach
and liver complaints ; a longer course will set right every
organ whose action is impaired, strengthen every structure
whose tone is diminished, and renovate that blood whose
purity is tainted. Giddiness, headache, nausea, flatulency,
and all other dyspeptic symptoms, yield with surprising
clrtainty and celerity to these surprising pills, which lay
siege to the seat of these distressing sensations, and carry
off, without any pain or other disagreeable drawback, those
piccant matters which are disordering the entire Jammu
=chink