The Sun.
London, England, 1850-12-12 00:00:00

COMMON PLEAS.-(THIS DAY,

DOYLE V. THURSTON.
The plaintiff in this case is Mr. Doyle, part proprietor
of the Weekly Chronicle, and the action was brought
against the defendant, who is a sheriff's officer, for ille-
gally arresting him on the 4th of May, in the place of
Mr. Dillon, a gentleman also engaged on the same paper.
Mr. Sergeant Allen and Mr. Welby appeared for the
plaintiff, and Mr. E. James and Mr. Hawkins conducted
the defence.

Mr. Sergeant ALLEN briefly stated the case, and pro-
ceeded to call witnesses for the plaintiff.
Mr. Thomas Clancey, messenger at the Weekly
Chronicle office, said that on the 4th of May, 1850,
the defendant Thurston came into the office with
a letter in his hand, and giving the name of Smith,
asked to see Mr. Dillon. Witness then went up stairs
to a room where Mr. Dillon and Mr. Doyle were, with
the letter in his hand, which was directed to Mr. Dillon,
and told him that a person down stairs wanted to see
him. Mr. Doyle took the letter and said he would go
down. Mr. Doyle then went down stairs into the room
where Mr. Thurston was, and witness left them. Shortly
afterwards Mr. Doyle and Thurston came down, and
Mr. Doyle said to witness " This man has arrested me
in place of Mr. Dillon, am I Mr. Dillon?" Witness
assured Thurston that it was Mr. Doyle, but Thurston
persisted in taking him. Mr. Doyle, and they left the
office together.
Cross-examined by Mr. JAMES--Mr. Doyle and Mr.
Dillon were upstairs together, dressing. Mr. Doyle took
the letter in his hand, bat he did not see him open it.
Did not see Mr. Dillon get into a cupboard which was
in the room, but had heard that he had done so.
Mr. Allen said that on the 4th of May he was sent
for to the Weekly Chronicle office, and shown into a
room there, where he found Mr. Doyle and the d efen-
dant. Mr. Doyle said " This man has arrested me as
Mr. Dillon; will you tell him whether I am Mr. Dillon?"
Witness told Thurston that that was Mr. Doyle.
Thurston said " Oh, no; I can't be mistaken, the
whiskers are enough."—(Laughter.) Thurston persisted
that it was Mr. Dillon, and said he would
not leave the place without him. They all three went
down stairs together, and Mr. Doyle appealed to the
persons there as to whether he was Mr. Dillon or not.
This was the plaintiff's case.
Mr. EDWIN JAMES addressed the jury for the de-
fendant. He contended that in this case Mr. Doyle had
put himself in the place of Mr. Dillon, and he must
take the consequences of such an imposition.
John Foote said that on the 4th of May he was pre-
sent at the Weekly Chronicle office; the defendain came.
He saw Mr. Doyle and the defendant come down stairs;
and Mr. Doyle appealed to the witness to say whether
he was Mr. Doyle or Mr. Dillon. He assured him that
it was Mr. Doyle; and then Mr. Thurston left the office
alone, and Mr. Doyle remained for at least a quarter of
an hour.

Mr. R. W. Russell, of the Weekly Chronicle, said, that
on the 4th of May, about one o'clock in the day, he had
occasion to go to a cupboard iu the editor's room at the
Weekly Chronicle office, and, on opening the door, all
the papers fell out, and ho saw a pair or legs hanging
down. On looking up, he saw Mr. Dillon perched up on
a pile of papers. Mr. Dillon told him not to make a
noise, and not to let any one know that he wa3 there.
Mr. Doyle afterwards tild him of the affair, and said
that when he opened the letter the officer took him for
Dillon and arrested him.

John Cape said tha he wai a sheriff's offiece::
assistant, and had gone with Thurston to the ►Veekly
Chronicle office to arrest Mr. Dillon. No arrest was
made, and would swear that Mr. Doyle did not go with
them.

Mr. Sergeant ALLEN replied at some length.
The LORD CHIEF JUSTICE summed up, and
The jury returned a verdict for the plaintiff-
Damages, 40s.