The Sun.
London, England, 1844-01-22 00:00:00

COURT OF EXCHEQUER, Jtn. 20.

(Sittings at Nisi Prius, before Mr. Baron ROLFE and a Com-
mon Jury. )
WARWICK V. FOULKES.

This was an action to recover damages for false imprison-
ment. The defendant is propneter of Paradise Farm. Stock-
well, and of four unfinished houses in Love-lane Lambeth ; he
is also a proprietor of omnibuses, and a bill-discounter. The
facts of the case are these : The defendant missed some build.
ing materials from the houses in Love-lane. He issued bills
offering a reward for the recovery of the property, and the con-
viction of the offender or offenders. The plaintiff was arrested,
and charged with felony before Mr. Cotiingham at Union-
hall : by whom the case was dismissed. Mr. Warwick was
under confinement fur twenty-four hours, and was placed-with
the lowest grade of offenders. The present action was brought
for compensation for the injuries which he had sustained by his
incarceration, and to clear his character from the aspersions
which have been cast upon it.
Mr. Crowder and Mr. Cole conducted the ca,e for the plain-
tiff, Mr. Jarvis, and another, for tie defendant.
William Hemingham, L 175, examined—l arrested the
plaintiff at a house in Little Gray's Inn-lane. Ide was going
to bed. I told him to dress, as I had a charge against him.
He seemed surptised at the charge, and stated that'the pro.
perty was his, aturnot Mr. Foulkes's. He cautioned me that
I was acting illegally, and that Mr. Foulkes should hear further
of the matter. I took him to the station. house. HP was con-
cued all night. The case was heard before itlr. Cottingham,
who stated that the case was beyond his jurisdiction, that it was
a subject for a hie her Court.
Cross-exarnined—l drew up the handbill offering a reward
of N. , Mr. Foulkes supplied the information.
James Thomas examined—i am a publican in the Wands-
worth -road. I was formerly a baker. I know the plaintiff,
who is a builder. He was in partnership with another person.
He built the houses in Love-lane. Mr. Warwick and I took
the pit:warty which Mr. Foulkes states to belong to him ' • it
was taken to my house. I was arrested and confined with 15
or 20 persons. They were a rough lot. Mr. Warwick was
taken through the streets in broad day light. Tho place where
we were confined had a very offensive smell. Mr. Foulkes
seemed very anxious to press the charge.
Mr. Jetstits addressed the jury for the defendant. •
The Learned Judge summed up, and the jury returned a.
verdict fur the plaintiff.—Damages, 'YU

WARNING TO JURYMEN.

- of the jurymen summoned to attend in this Court
-^re fined 403, each by the Learned Judge,

Thirtec..
in that opacity
f"--4Q444tPdaer

POLICE INTELLIGENCE.
(SATURDAY.)
TVORSHIP•STRF
Mr. Baouc FITON requested the reporters to acknowledge the
receipt of the following further donations for the unfortunate
widow Hoscroft and her fimily, who hive, beer, the objects of so
M
much practie-il benevolence :—From r. Mitchell, 13. adlord,
Yorkshire, 21. ; T. A. G., It. ; two Ladies, " M. and E. W.,"
1/. ; a Gentleman, 10s. ; Anonymous, Si. ; Mr. C. Pearce.
Auction Mart. Si. ss. ; Y. 8., Ramsgate, 10s. ; " Cerdawd
Cyfawrferol," \Vales, 101. ; G. G., I/. ; Anon., 21. 2s. ; M.,
1/. ; and M. A. S., 11. The Magistrate also expressed his
grateful a.knowledgments for the following remittances to be
applied to general charitable purposes :—A. 8., 5/. ; S. A. D.,
101., ; and S., 10s.

MAI?YLEBONE.
CHARGE OF MANSLAUGHTER AGAINST AN ONINIESIS
DRlVER.—Thursday William Gilbert, driver of Mountain's
omnibus, No. 4,216, running from Paddington to the Bank,
was charged before Mr. Long with having caused the death of
Mr. William flatten, an old and respectable inhabitant of
Hendon. Mr Lewis attended for the prisoner.
The Hon. C. L. Butler, 39, Grove-end.road, St. John's-
wood, raid, on Saturday afternoon. 6th inst., I entered the
omnibus driven by the prisoner, at the top of Harley-street;
•we went on at a fair brisk pace till we got to Tottenham-
court-road. at the end of which we stopped to- about a minute
and on again moving on an other omnibus came parallel to
ours ; they proceeded at -a rapid rate, and each crossed the
other frequently ; on arrivinE at Euston- square they pulled up
together, and in about two minu'es they sarted off st a turious
rate towards King's-cross. I took the numbers of both the
ornnibuse, and shortly after .I had entered them in my pocket-
boot the vehicle in which I was ridirtg came in eaision with
a chaise driven by deceased, who war pitehml out into the
road; the chaise was oil its proper =ides and the near wheel
was not more than six inches !rom the curb.
Mr. LONG— on speak to the driver with rftforttnee to
what had happened ? Witdess—l .calied- to the emhisietor to
stop, but lie took no n:;tit•' I spike to him a second time, in-
slstiog upon hls -stopping; and after the- omnibus had ;;one on
forty o; .fifty yards -tort he,, it was pulled up. I gut out of the
oirmilius I ,:.-as in as oon ss I possibly could, and I then saw
the deceased, who was to a lutist ttitlorable c edition, tak n
into the shop of a ,urvor. by. I told the prisoner it was
a most shameful case of raring; -to which he replied, God
Hess you. :sir, we were not racing at all." I saw ilecea,ett's
wounds v:asheil and dresses' ; the scalp was laid bare to a con-
siderable ex,ent. -

By the NIAGISTRATE.—The prisoner might have passed the
chaise xithoul running again,t it. I ,avr no impediment to his
doin,.z so.

Cross-examined by Mr. Lewis.7—The " crossing" of the
which I have spoken of was not fur the purpo-e of
taking up passengers. Iw, n't swear that the prisoner crossed
more than once. I did not see him get down to asmist the
deve ised into the doctor's, but I observed_ him standing at the

Joseph Low., 17. Bidbornugh-street, Burton-crescent, said
—Decease d, who had a- per,on with him in the chaise, passed
him in the New-road. He way going at no greater rate than
f or five miles an hour. Two (Minibuses were corning along
at a good pate, and in an instant he saw deceased lying upon
the ground. Witne-s assisted in piaking hul up, and remov-
ing him to the surgeon's. The chaise was not overturned.
Cross-examined—The omnibuses were going from nine to
ten miles an hour. The deceased s vehicle was not far -enough
towards the middle of the road to allow of anv other can ia4e
passing between its and the kerb. The prisoner had got nearly
100 yards from the .place where the accident occurred before
he stopiied. ...• - • .
Mr. John Symmons, surgeon, King's-cross—Deceased was
brought to him last Saturday Week: lie had laceration of the
scalp extending from the nose to the-crown of the head ; there
were a:so other lacerations. Witness dressed the wounds,
which he did not at the time imagine would prose fatal. De-
ceased 7aa in li,luor.,
Evidence was given that deceased died on Tuesday last.
Mr. Lewis called several witnesses, from whose statement it
appeared that there was no furiou., driving, and that the fatal
occurrence was en'irely owing to deceased having at the mo-
ment of the prisoner's omnibus passing pulled the wrong rein,
and was thus the cause of the collision himself.
Mr. Long remanded the prisoner for further examinatit n
tll Friday ilex% Bail for his appearance on that day was ten-
dered and accepted.