The Sun.
London, England, 1810-07-24 00:00:00

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311 IDbLESEX SESSIONS.

,YesterlaV, Ramsey, Gnaglt, and 'Cilartg7,.
who were convieted ,of a conspiracy, in extorting
tut from aperson of the 'name of Thomas F.itz-
litvh, Uiidt-r a fhreatof charging him with an _at-.
tempt .cycorntrin an abominable crime, were brought
up to, TeCCIVC the, judgment of the Court.
WALLING addressed them in pointed lan-
gna,le, and told them that they were' brought up to
receive judgment for one of the foulest offences that
becommitted against an individual, oragainst
soci;.:•ty, namely, that of combining together to. ex-
tort .money fret, another, tinder the pretence of their
not prosecuting him for a hateful and disgusting
crime. He desired that they would-understand, Chit
if the person whom they had imposed upon had
even been guilty of the crime 'imputed to.'him, yet
they nevertheless were equally guilty of the offence
imputed to them, because it was the height of wick-
edness to screen from justice so foul an offence. He
then sentenced each of them to twelve months im-
prisonment in Cold Bath-fields.

LAW REPORT.

COURT OF KING'S BENCH, JULY 14.

VERNEY V. GRANGE.

This was'anattion to recover 2el. as the value of
a hhise or pony sold by the defendant to the- plain-
tiff, he (the plaintiff) having no right to sell the
pony, it being the property of another person, to
whom the plaintiff, on evidence to that effect had
restorcd. it: The,price given by the.plaititiff for-the
pony was 81. and lie-noW brough t his ataion for -221.
being the: increased• value 'of .the• pony, in conse-
cprenee of tie plaintiff having-.kept him at grass, by
which:he got into an improved condition. It ap-
peared that the pony• in question was the property
of apersou .of the name-of Chad, and having strayed
ripen the manor of Aldingham, in Hertfordshire,
one Corley, steward or bailiff to Mr. Thelluson; the
Lord of the Manor, thought fit to sell him to the
present defendant. Informing him however, that he.
.was a stray, and stipulating that, in the event of- his
being claimed, the pony :should be. restored, and
the price repaid. The dekodant afterwards sold the
pony- to the plaintiff, as the evidence for, the
tiff went to shew, withbut. disclosing the fad of his
beinaa stray, though' this latter fact was Contradid-
ed•lfy two witnesses for the defendant.
. Lord ELLEtitittobati reprobated in very, strong
terms, the conduet of the Baihti. That of which he
had bten guilty was a 'very -stuttri6ful practice, and a
errerss abuse of ..the law. Stray- horses ought to be
kept forA.certain period.of rime,.inaftopun place,
for the purpose- of
.being reclaimed, and not,- as in
the present instance; to-.be almost sold,
as lawful prize." Such a practice was a prodigious en-
,couragement to steating of hotses, in the neighbour-
hood.. His Lordship was of:opihion,..lipwever, as
smite oft he, witness:es' swore that the plaintiff, 'w when
he Purchasedsto4 pony, .was informed that he Was
.a
st ray, that he must
.be:nnderstoocl to have bought
him with all the: contingencies annexed to such a
.charader ; 'SO that the-plaintiff was entitled only to
flirt price paid by hicn,to the defendant. . Verdict for
the plaintiff.—Damages- 81.

BAISWELI., V. PRICE, BART.

This was iO9 brought by the plaintiff, who
was stes.vardar butler to_Lbrd.Kerry, to recover frOta
the deti. nckint, Styling himself Sir Edward O'Bryet)
Price, Bart. the sum of 1261. being Money paid 'by
the'plaintiff: for the deb_ndan-t's use. It appeared
that the ialetupdatit, who issued il. and 2l:notes as a
..country banker, at 'Castle CNrey, • in SoriAsetshire;
'had ini•rocluced himself to the I,laintifr, stating his he-
Aid' that the, plaintiff's and La":ly
.Price.'were
cousins; had prevailed on him to take his country
notes in exchange for the 13:•?.tik of England -Notes
witlfWhich he was tumidly in the USQ of paying
the'T viagss of his fellow se-wants, the. accounts of-his
Lefr..i.i`.tratiesmen, &c.; and had even induced hitt
to accept kill; for the defendant at. different tinit's..-=
Fur doe or tit.'se bills amotin-ting' to 'lOOl. and tor
cnuncry banking notes, under the firm of Sir E".
0' Brien Price and.CO. 'for '11:aod -21: to the nominal'
wirae of '2Ol. more, was this' action brought, the
p.inieht of Wlitahan.accortut 'of the defendant be-
ing or, \fed by his tettei§. ;The Jury found a
verdict for"the plainiill'aitriages 1261.

HORNBY V. NUNLIO, BART: •
ThTW Was :in action cif Trespass and faltelmiiri-
soninent brought by the plaintiff,ian ironmonger, in
Tottenham-court-road, against the 'defendant, Sir
Ilubit Mauro, Bart.
Yroin'the evidence addiked it appedred, that the
defetithut, Utider a forgetfulness of an order he' had
giVen the plaintiff to prOicle finn-with two mai..us -;
and'also to the heat Of As§ibn :arking'f'roth an over-
Charge of six keys furnished by .the-plaitiliff',' had
sent for
.him to-1).1;1711e 13Trotiei's)" house, where he
• itr°a §wtndlinh Mart-
. The plaintiff' on ti:!, tlircatened an action frig
• the amornit- of hi 4 aceou!it, aid was about to
N I,ell Sr Hugh. declaring he should 'depart not' tilt
t-1;i1 either 'settkt'.ls.accliutit or, given Iririi an
opportunity of-tehde.riot; the' Inohey, 'putted the' key
ow- nt the'sll4et• door, ns if he lic.d lo&Cd 'The
plaintiff; tinder this impression, tolloWed-Sir Hugh
b:4.lk:into lik'study, when the Ivey ua4 intmedi•ately
given to-the •s-er•v ant, that the plaintiff in!ght have it
in Us Vowel- tb depart- Nvheil tie chose; but before
die did elepat,' clOwn l'is. of a 'charge 'of
. t iss:. had made-for six ke'y's, made'some other
abductions frOm•his "aecour,t, received payment of it,
thui adjustetl,-And gae' a receipt for the amount. '•
Lord • ELLR'NBOROUGH; in thes.-. circtrmsfarice.s„
cdJ ought this action-had
.pl-6caded on wrong
.?1-ie,:theretore recornroended that'a Juryman might
;:be withdrawn._ the•Cotinsel• for the plaintiff would
7ree4llect, that, he had sonic power as- tb costs in a
-Case,of this kind. • •. •
Mr..l'anKE, for the'plaintifF, a4sent'eci; and a Jury-
man was-withdrawn. ' •

JULY- 19.-

SMI'tH STODDART.

. .
tr. PAuKg.stated. this-to.be an anion by which
sought to recover accimpensatiortin-da-
niag.Cs for a- breach of iii oini§e -of niarriage„i The

; •
plaintifY wv. a w,idow alut. thirty years of ago,
,being
in .a.respectitble line of business as, a.lineji draper,
and the defendant was a coach-maker, in South
Audley-street: The plaintitrhad no children, and:
the citliendant had an only daughter. Tl;e defend-
ant wils dcon,torned to deal with the plaintiff in her
husband's lite-time; and 'Since she had become a
widow he had called -Mbre constantly at Iter.shop,
in the/month of •June,, 1.809, he. tendered Ln
marriage. No person .was present at this time,. ,but,
the whole tenor of the defendafit's condua would
prove that such was the fad.. The plaintiff felt an R
objection to the -defendant's proposal in copse-
Vence of her having 'a maiden 'sister, a Mks Lawes,:
who resided with her, but on communicating the mat-
ter to. her sister, she learned that _there was a. y.L"ung
man who had offered her. marri•age, -and who was.
illing:to step forward and take the business otY
Mrs. SMith's hands. It should, be shewn that'the
deLuidant ,actually; contemplation
.of his ow❑.
marriage with Mrs.-Smith, negociaied wiih this
young man what he would pay for coming into the
plaintiff's business—that he instruEted. his child to,
call her mamma—talking of her as being his pro 7,
per ty and engaged that the mar riage s h ould take place,
and the business of the plaintifl,be given up 10 the
young-man 'alluded to, immediately on. the detendl
ant's return' from Norwich, to w)iich place he was:
then about to set out. The defendant, however, had
chosen to retraa from this promise,
,and the plain-
tiff had been obliged to do, what.
.slie.chiald not be
supposed to' have done Avithont pain, she had. made
a tender ul herself to the defendant. The circum-
stances.ot thedefendant ciould appear, troma
merit under his own hand, to he most reipeetable
-he having, in contemplation of the marriage, fur-
nished the, plaintiff with an account of his properv,
amounting to 10,0001, and he bad. also, in.return,
been_ furnished- with a state of ,tlie,plaintiff's. stuck
in trade, &c.
. .
Robert Newman, who had offered to purchase
the lease, &c..of the plaintiff's, shop, which lie ;
gociated with . the detendant,.proyed the foregoing .
tads, when • ' . .
_ _

„ Tile Counsel for the parties, agreed that the,
plaintiff should have a verdia tor 2001. .

THE KING V.
:COOPER.

Tins was an. aetion against the defendant for _an,
assault on a:person named Stark,, whilein the exe-;
cution of hiS duty-as a revenue officer; There-was
also.a count 'in theindi.thnent as for a common as•
sault. It appeared that.; Stark, under the authority •
of a writ of assiStance, directed to .a person of the ,
*name of Norris, now 4eceased, accompanied linn
and another p,-rsoi?, ,named Welts,• to.the noose of.
Cowper, Wherethey had information that thew were
secreted some spiceS, and other prohibited-gouds.
Cooper and tis wile opposed the .officers coning,
into the himse, insisted t tot they ought to have
gistr ate' s warrant,to search, but at,terigth,subanttedsis
and, _in consequence, r twee ..riew and one old Ban-,
danna handkerchiefs, and a,Frenchsiik
had been used, were seized. On,coming.down stairs,,
Cooper observed thit Stark
,had a silk han4erchiel
about his neck, .insisted on Wells, seizingit also,.
as being 'a Bandanna hantikerchiet:i and on Wells:
refusing to. do so, ,seized Stark by the neck, and,,
in conjunction with his (Cooper's) wile, almost
strangled him. The handkerchief, which Stark pro•-.
ductd, was torn in the :struggle. The officers had
desired Cooper to be on his guard, .not..to resist,
as he was already under .a recognizance io keep the
peace ,towards Revenue Officers: .:
Lord ELLBOR.OUGIL observed, that here the
officers had finished .their search: Of.course, they
were
.not in the course of performing any aa, as
Revenue Officers, at the time
.the assault was corn-
rniued. .

The Jury accordingly, found the defendant. Guilty
of .the ,common assault, but acquiited him ,of the
more .aggraeated: charge, • by yhich also his re-
cognizance will be saved.