The Sun.
London, England, 1835-11-04 00:00:00

BAIL COURT.-TUESDAY.

Mr. ALEXANDER obtained a rule to show cause why an
attachment should not issue against a Mr. Bateman, for
contempt of Court in not attending a trial at Liverpool.
Mr. Justice LITTLEDALE afterwards sat at nisi prius.

HOLDEN V. RAPHAEL, ESQ., AND ANOTHER.

This was an action against the Sheriff for an escape. The
plaintiff had sued out a capias for the sum of 55/. against
Thomas Smedley Turner, and it was delivered to Wilson,
one of the officers, who arrested the defendant Turner near
Lincoln's I nn-fields. Wilson and his man Bull, and Turner,
at the request of the latter, went to the Caledonia Tavern,
in the neighbourhood, where they had some brandy and ale,
the man, as he said, preferring " Sir John Barleycorn."
Wilson proposed to take his word to put in bail upon paying
him his fee, 31. 15s. Turner paid him the money, and was
liberated. Turner was, however, subsequently arrested by
Thompson, an officer of the Palace Court, and was taken
to a lock-up house on the Bth of May, where he remained
till the 12th, when he procured bail. He was on his return
home with a friend, when Bull, Wilson's assistant, met him,
and said, " The bail is returnable to-morrow ; I hope you
will do what is right to my master, and put in bail." He
then produced a piece of paper, and they went into the sta-
tioner's shop, the corner of Fetter-lane, Fleet-street, where
the bond was signed. But the Learned Counsel said it was
of no avail, for it was not drawn and conditioned according
to the Statute. Turner has since become a bankrupt.
There might be a dividend on his estate ; but the plaintiff
had, by the negligence of Wilson, been debarred the oppor-
tunity of obtaining good bail, or probably his money, and
therefore he sought damages for the debt of 551. and certain
costs he had been put to. The expenses would fall upon
Wilson, for the action was against him, the Sheriffs being
merely nominal defendants.
The case, as stated by Mr. THESSIGER, was proved by
the testimony of Turner, who stated that he had obtained
nis certificate, and that, after he had been liberated by Wil-
son, he had settled four actions.
Mr. ALEXANDER submitted that the plaintiff must be
nonsuited, as the bail was a good one.
Mr. Justice LITTLEDALE said that it was for the Jury
to determine whether the witness Turner, at the time he
was liberated by Wilson, either could or would have paid
the debt. If they thought so, they must find for the
plaintiff.
The Jury found a verdict for the plaintiff for 55/. The
question of nonsuit is yet to be decided.

THE KING V. SARAH BRAITHWAITE.
The prisoner in this case had been committed to prison
on suspicion of infusing some poison into a jug of milk
which she had fetched for her fellow-servant, and put upon
the kitchen dresser. The servant's life was despaired of.
Sir GREGORY LEWIN moved to admit the prisoner to bail
by consent of the prosecutrix, but the Learned Judge de-
sired time to consider.

COURT OF COMMON PLEAS.

DOE ON THE DEM. OF ROBINS V. THE BIRMINGHAM AND

WAMVICK CANAL COMPANY.

Sergeant ADAMS moved the Court for a rule to set aside
a verdict obtained in this cause by the plaintiff. The ac-
tion referred to a small lot of ground in the parish of
Ashton, in the county of Warwick, under which a culvert
was constructed.—Rule nisi granted.