The Sun.
London, England, 1844-05-04 00:00:00

SEAGRAVE V. ENGLAND.

-
Hr. Humfrey appeared for the plaintiff; Mr. Petersdorff
for the defendant.

This was an action to recover compensation in damages
for an alleged illegal trespass and illegal ejectment. The de-
fendant pleaded that he was not guilty of a trespass, and
that he was acting in the capacity of servant to
another. The damages were laid at 8001. The circumstances
of the case, as detailed by the Learned Counsel for the plain-
tiff and in evidence, are briefly these :—The plaintiff, Ann
Seagrave, who is a widow, entered into an agreement with
the defendant, Louis England, a house agent, carrying on
business in New South street, Islington, to rent a house, the
property of a Mr. Pocock, situated at No. 44, Swinton-street,
King's-cross, at a yearly rent of 42/., and entered into the
occupation of the premises on the 10th of July, 1843,
whilst they were under repair. A few days after the de-
fendant intimated to her that tie proprietor of the
house was displeased with him for letting the house to
a person who had not a regular income, and said that she
must leave the house. Mrs. Seagrave, however, devlined to
accede to his request, as she had fairly and legally entered on
the premises. Finding that he could not get her to vacate
the house, he resorted apparently to a most extraordinary
and illegal mode of effecting his purpose. He employed se-
veral men to remain in the house, who were plentifully sup-
plied with beer and tobacc9, and whose noise, which ap-
peared to have been of a boisterous character, was thought
likely to have the effect of frightening Mrs. Seagrave from
the premises. But the plaintiff was obdurate, and resisted
so obnoxious a mode of ejectment with imperturbable perse-
verance. The defendant then resorted to another mode of
driving the plaintiff from the premises. He visited
the house , and intimated that he should compel
her to leave, and on being remonstrated with by a lady
who was about to become the plaintiff's tenant, he said
he would " turn her (plaintiff) out neck and crop" if further
remonstrance were used. He even carried his violence on
this occasion so far that a person, named Mrs. Micham,
fainted, and died in two days afterwards. The defendant did
' not, however, commit any further trespass at that time, but
in a few days employed persons to take her furniture into the
street, who also compelled the plaintiff to leave the house,
by knocking her down and carrying her into the street,
where they laid her on the pavement, and used so much
violence that her arm was bruised, and she was confined to
her bed for a fortnight. It was, therefore, contended, that the
plaintiff had sustained considerable injury, in a pecuniary
sense, from this alleged misconduct on the pa t of the de-
fendant.
Mr. PETERSDORF addressed the jury at considerable length
on the part of the defendant. wham he contended acted
legally in ejecting the plaintiff from the house, who had not
signed the agreement, and that she had obtained possession
by unfair means ; in fact, that he wished the plaintiff to go
with him before a magistrate ID have the matter adjudicated ;
and that at the time the furnitwe and the plaintiff were
forcibly removed he had two policemen in attendance
to see that no breach of the peace was committed. The de-
fendant merely acted in the capacity of clerk and collector
to the proprietor of the house. If Mrs. Seagrave was the
respectable person stated to be by the Learned Counsel, she
could have had no difficulty in obtaining another house, and
thus have sustained no pecuniary loss. No evidence had been
produced to show that the furniture had sustained any injury.
Witnesses were then called in support of this view of the
case, viz., the plaintiff's illegal tenantry of the house, which,
however, was not clearly proved. One stated, that "Mrs.
Seagrave was carried out as carefully as a baby ;" and that
no unnecessary violence was used either towards her or her
furniture, and that she promised to go out two days before
the ejectment ; that she obtained the key and possession
of the house surreptitiously. Another policeman,
who attended at the house on the day in question
to see that no breach of the peace was committed, also stated
that no violence was used. Mr. Pocock, the proprietor of the
house, said he never sanctioned the letting of the house to the
plaintiff, and he directed the defendant to put her out, as she
was there without his authority. An agreement was prepared
but never signed by the plaintiff, because he disapproved of it.
Mr. HUMFREY having replied,
Baron GURNEY then summed up the evidence, and the jury
having consulted for some time, the foreman stated that there
was
,no probability of their coming to a determination.
Baron GURNEY desired thepi to retire and consider their
verdict.

The jury returned into Court at a quarter to four o'clock,
after an absence of two hours, with a verdict for the plain-
tiff—Damages 501.

COURT OF EXCISE, May 2.
John Toplis, of 63, Bermondsey-street, tobacconist, was
charged, under Ave informatioiv, with adulterating tobacco
with sand, earthy matter, &c., on each of which informations
he had incurred a penalty of 3001., making a total of 1,5001.,
besides a forfeiture of the articles.
Mr. J. Jordan, a Custom-house officer, stated that on the
19th of January last he went, in company with Mr. Donald,
an officer of Excise, to the shop of defendant, and on seeing
him told him they had come to pay him another visit, and
wished to see his warehouse. He said they were welcome,

and supposed they were come after the hogshead of tobacco
that had come in on the previous night. When they got
into the manufactory they fund a pail full of liquid, and 011,
witness examining it found it contained earthy inatlei%
defendant said was for the purpose of cleaning tobacco
knives. The cutting engine was at work, which witness de"
sired might be stopped. He exainin •d the tobacco in the
engine, as well as some that had been cut, and found it grossli
adulterated with earthy matter.
Mr. Graham, Professor of Chemistry at University Cal"
lege, deposed that before submitting the tobacco to cliemical
operation, by merely shaking the leaves the adulteration fell
out, which consisted of fuller's earth. He then proce4led,t2,
analyse the whole of the samples, and tound them all alai'
terated with that earth to the extent of 12 per cent.
The CHAIRMAN said the Court were of opinion the afire
had been fully made out, and- convicted defendant in Vie.
penalty of 300!., and the whole of the tobacco to be forfeited-

POLICE INTELLIGENCE
(YESTERDAY.)
Bllly-S T I? hE

A respectable-looking man, named Gardner, the moner,
taker at the Strand Theatre, was placed before Mr. Jardine,
charged with assaulting William Stubbins, at the theatre'
last night.
The complainant stated that he went to the pit of the'
theatre last night with his wife. He put down balf-a-crow,'
to pay tOr admission at half-price ; and when he got into LI
pit with his wife, he suddenly remembered that he had nob
received the sixpence change. He went back to the de:
f.,ndant, and told him of the circumstance, and the defendall
said he had given the sixpence, and if somebody else ha",
taken it up, he could not help it. The complainant bees°, „-
rattier exci‘ed, and told the defendant that ir he did not giv.-
him the sixpence, he would be acting as a swindler. UPI°
this the defendant struck the witness a violent blow in L.,
-
mouth, and he was, in consequence, given into custody.
The defendant said the complainant was very insolent st
offensive in his behaviour. When the complainant ogler,
him lie examined his cash, and found that it was comet
and he therefore told the complainant that he should 11_'
give him the sixpence back. Upon this the complainv'i
called him a swindler and a vagabond.
Mr JARDINE said this was not sufficient to justify a We'
As, however, theme was some provocation, lie would only ill.
filet a penalty of 10s.—The money was immediately paid'
MA R YL EBON E.
Charles Barret, a young man of gentlemanly appearsn.
described as an artist, was placed before Mr. Long, chair;
ny one of the pat k-keepers of the Regent's-park, with hay"
cut some letters upon one of the seats there. • ial
The park-keeper stated that seeing the detendant ns
from the seat he went there, and found that it had been in
jured. He therefore took him into custody.
The defendant had nothing to say in extenuation.
Mr. Fell. the chief clerk, suggested that the defend,
being an artist, might wish to leave upon record a spaclul,.
of wood engraving.
Mr. Lose did not wish to repress genius, but public pr'
perty must be protected.—Fined 108.
UNION-HALL.
Two notorious young pickpockets, named Hitter and 101,
were charged before Mr. Trail with stealing a silk handke
chief from the pocket of Mr. Fenwick, the firework-manithic
turer, in the Borough-road.
The complainant stated that on the preceding afternoon' :
he was walking along the Westminster-road, he felt a tug,A
his coat pocket, and missed a silk handkerchief. He tin 7;
round and saw the two prisoners and another lad (not incTio
tody) immediately behind him, and at the same time saftTed
handkerchief fall on the ground from one of them. He sett
the two prisoners, and the lad (not in custody) picked up .he
handkerchief, and, holding it up, offered to give it to tm,,,
owner if he would let his companions go. During this to
ceeding the prisoners made the most vigorous attemPtto
escape, by kicking and biting the complainant, but be btp
them firmly until a policeman came up and took them
custody.
Both the prisoners have been repeatedly in custody 011
miler charges to the above, and they were committed.

MARKET NEWS-YESTERDAY'

CORN-EXCHANGE. vsetiell
Since Monday only a moderate arrival of English -00
has taken place for our market, and the stands were bY,cii
O p means heavily supplied. In most descriptions of the
a fair retail business was transacted, at full prices. to
foreign Wheat was in better demand, at rates quite equte,
those quotes in our last report. In bonded Grain no tan),
tions were noticed. Nearly 20,000 quarters of foreign
have arrived this week ; yet, the greater portion having cis
direct to the distillers, the quantity on offer this morning but
by no means large, and prices were supported. In Miuttbeft
little was doing. Owing to the prevailing dry wes.„6,
holders of Oats, Beans, and Peas, were firm for high flP'`

English.
Irish..
Foreign