The Sun.
London, England, 1827-08-07 00:00:00

SUMMER ASSIZES.

OXFORD CIRCUIT.-STAFFORD, AuG. 3.

FALSE IMPRISOMIENT.

BRIM:Err if. COYNEY; ESQ.

This was an action brought •by a stone-mason of
Fosbrooke, in this county, against the defendant, a
respectable Magistrate, to recover a compensation
in damages from him for falsely imprisoning the
plaintiff.
The facts of the case may be briefly described.
On the 15th of December last, the plaintiff, observ-
ing some fowls doing considerable damage to a field
of his own recently sown with wheat, went with his
gun for the purpose of shooting the fowls. The
fowls had removed when the plaintiff had got up to
the field, and as he had to go to a place called
Cheadle, he carried his gun on his shoulder. In his
way, having been attacked by the dog of a person,
named Dawson, he shot it, and he was afterwards
summoned (at the lapse of a month) before the de-
fendant. Mr. Coyney told the plaintiff that he had
done exceedingly wrong, and he ought to settle with
Dawson, who claimed 5/. as, the value of his dog„ but
Mr. Coyney, the defendant, adjudged that the plain-
tiff should pay 31. The plaintiff refused to do so,
end Mr. -Coyney then said -he should order a, con-
stable to take the plaintiff into custody, and-commit
him. A constable was accordingly sent for, and was
in the plaintiff's presence, though he laid no hands
upon him. The plaintiff, to avoid the 'inconveni-
ence of imprisonment, paiick.the 31., and some odd
costs.. The Jury, however; ound for the plaintiff—
Damages, 10/.
AuctlsT 4.
CHESWAS V. SMART'.

Mr. C. PHILLIPS stated, that this was an action
brought against the defendant, as the proprietor of
the Wolverhampton Chronicle, for a libel.
Mr. JERVIS said that this action Was brought by
the plaintiff, who was a horse-jockey, and rode at
horse races, against the defendant, who was the pro-
prietor of the Wolverhampton. Chronicle, and it must
be admitted, that as character was of the last im-
portance to a horse-jockey, the Jury would .know
that the case was to h►m of very serious importance.
The plaintiff had- been long a jockey, and was in the
employ of Mr. Meynell, the High Sheriff of this
county ; and it would be proved that there had been
races at Stourbridge, on which occasion the plaintiff
had ridden a mare, named Arachne; and it was a
paragraph relating to that race which contained the
libel complained •of. (The Learned Gentleman
read the libel.)• On this occasion he was in posses-
sion of a great deal of proof' to show the pla►ntifl
had acted honestly in this race; but this he should
not be at liberty to adduce, unless there was a ques-
tion raised on the plaintiff's character by the de-
fendant ; and, in the first instance, he should con-
tent himself with showing, that the plaintiff was a
jockey who received, for each race, three guineas if
he lost, and five if he won ; and this, with the addi-
tional proof that the defendant was the editor of the
paper, would entitle him to a verdict. The de.;
fendant had put no justification on the record, and
the plaintiff brought this action to defend his cha-
racter, as without character the plaintiff was de-
prived ,of the means of getting his livelihood.
James Allen said—l am the clerk of the stamp
distributor. I produce the Wolverhampton Chronicle
containing the alleged libel.—The libel was read :
" The Gold Cup of 100 soya. by subscription of 10/. each.
" Mr. Brettle named b. m. Susan
" Mr. Grazebrooke named b. m. Arachne 2

" Major Goven's br. c. the Moor
" One account says this race gave universal dissatisfac-
tion. The rider of Arachne is suspected of having acted
dishonestly, by havinglaid out of his ground at least 80
yards, and made his running each time round the hill, which
is very heavy ; if he had rode her in any other way, she
could not possibly have lost. '
" Another account says, that Arachne, who was the
favourite, was beat by the severe running made throughout
the race."

Mr. CAMPBELL, for the defendant, said that the
nominal plaintiff was Mr. John Cheswas, but he did
suppose that Mr. Cheswas cared rio more for the
alleged libel than if it had been a playbill, or the
history of a show exhibited at the Stourbridge races.
He (the Learned Counsel) had no doubt that the
plaintiff was a most clever rider and able jockey;
but, for all that, there could be no doubt that if the
jury were bound to find a verdict for the plaintiff, he
was quite sure that they could not exceed a farthing
in the amount of the damages they should give. It
was said that a player on the stage—an orator in the
senate—a divine in the pulpit—and a lawyer at the
bar, were all open to criticism; and why should not
horse-jockies be equally open to animadversion, for
they were public characters as much as the parties
he had mentioned; and so expert were some of
them, that he had no doubt the names of Buckle
and Chiffney. would go down to posterity with the
names of Pitt and Fox.

Verdict for the plaintiff—Damages One Farthing,

Joseph Martin was indicted for feloniously admi-
nistering a quantity of gin to Joseph Sweet, an in-
fant four years old, and thereby causing his death.
Mr. Baron VAUGIIAN having suggested that there
was not sufficient evidence to establish the charge
against the prisoner, the Jury returned a verdict of
Not Guilty.
The prisoner, after a suitable reprimand to be more
careful in future, was then discharged.
John Bennett was indicted charged with embez-
zling 71. the property of Messrs. Bolton and Watt,
his employers.
The Jury found the prisoner Guilty, and he was
sentenced to 14 years' transportation.
Robert Prichard, aged only 12 years, was con-
victed of stealing out of a waggon, on the 9th of
June last, at Burslem, the sum of 101. in silver, the
property of Caleb Hill.
He was an old offender, and was- sentenced to a
year's imprisonment in the House of Correction, and
hard labour.

AUGUST 6.

. .
A true bill has this morning been found for a
conspiracy, against Joseph Stamp Sutton Cooke,
Thomas Slade, G. H. Cocker, the elder and younger,
Joseph Mills, Thomas Morgan, Humphrey Bailey,
and - Wilks. The indictment contains eight.
counts, and charges the defendants with conspiring
together to disturb divers of the tenants within the
borough of Stafford in the enjoyment of their pro-
perty, and to extort money from them by issuing
writs of ejectment against them, without. any rea-
sonable pretence or ground whatever, and by in-
ducing them to attorn to Joseph Stamp Sutton
Cooke, they well knowing that he has no legal claim
to the property.
This indictment has arisen out of the numerous
writs of ejectment, upwards of 500 in number,
which have been recently served upon the tenants of
the borough, at the instance of Mr. Joseph Stamp
Sutton Cooke, who professes to have discovered
that the borough is held by tenure " Borough Eng-
lish," and therefore devolves .to the next brother to
the rightful claimant of the barony ; and that his
brother Richard being the rightful heir to the baro-
nial estates, he, as the next eldest, becomes entitled
to the borough.

MIDLAND CIRCUIT.-NOTTINGHAM, Auu. 3.

Michael. Bowen was indicted for assaulting•
Frances Flude, with intent to violate, her person.

The prosecutrix, decent-looking woman, but
with slender, pretensions to beauty, and about 30
years of age, stated that she lives at Trowell with her
uncle, who keeps a school. She remembered being
in the prisoner's company in a public-house at
Trowell, on. the 7th of June, It.wes feast time, He

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4,-(7::- ‘-,..1i.- ~ -- ~... .
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asked her to . aitki oval far as' Elston, at 'Aid he
\
would return fher.', illid lb.- Els' a is•be-
tween two and }nee "InIA,. frOlilV-Tro. l. They
stopped a short tiinv*:a.public-house at Elston. On
the road when returning, the prisoner said he would
'have a kiss. He forced her against a gate, and en-
deavoured to take the grossest liberties with her
person. She successfully resisted him, upon which
he struck her over the head and face, and gave her
a black eye, saying he would do for her if she did not
submit to his wishes. He then drew her through
the gate into the fields, where'he threw her down,
and again endeavoured to - effect his purpose. She
cried out murder, and the prisoner put hishand upon
her mouth. He -- her for a fool, and told her to
hold her noise. By this time Charles Beaton came
to the gate, and she appealed to him for assistance.
She then got away from him. Her eye v•ds black
for a week, and her arm discoloured for three weeks.
Cross-examined.—l had never been in the pri.
soner's company before, but I had' known- him ,by'
sight. It was he talked to me first. -. Another
young woman and I were next him. It was_- his;
liquor.we drank. He asked me to kiss him. I cli.ti•
not, but he kissed me. There were several pers.ons,
present : more than ten. Elston is in the oppoiiiin
direction from my heine. It was between seven and
eight o'clock when we set out for Elston. I went
with him to his lodgings, and went in. We stopped
there five minutes, and then went to a public-house
cilled the Horse-shoes. We stopped there about
20 minutes. I did just-drink with him, ,and, no,•
more. On that day I had drank a table-spoonful of
gin and water at the Magpie, at •Trowell; and 'at
die Horse-shoes I drank .a tea-s:poonftil Of ale..
While,l was at the Horse-shoes I aSked the prisoner
.to see me home, as he had said he would, vee no!
safe home. He did not say that if he did, lie would
•,lo so and so to me ::I - don't know that lie said
"Go and be ----." I wain such confusion after
wards, that I cannot recollect every thing. Nobody
advised me to go home alone., • .
Re-examined.—There were a man andwoman in

the prisoner's lodgings whilst I was there.
Charles Beaton stated, that as he and wife
were coming along the road on the evening ih quest
tion, he heard cries of murder half a mile off; - He
made towards the spot from which they Droceeiled-,
and saw the prisoner indecently assaulting a woman.
Witness called out to him, and asked him what be
was about ? The prisoner, in reply, stated, in the
-2,rossest terms, that he had come there with, the
woman for a particular purpose' and that purpose 115
was determined to accomplish. The woman
,got
Away from him,
.anet complained very much of his
treatment of her. Her face seemed swelled.

Mr. Him, having addressed the jury for the'de-
fence, called the following witnesses :
Benjamin Wade, a very queer looking old man,
About seventy years of age, with'an immense nose,
and blind °fan eye, said, I was at the Magpie pub-
lic-house on the 7th of June. I saw the prisoner
_ _

Ind Frances Flude drinking there for two liours.—
When he offered her the drink she never denied it.
They were sitting very loving with 'each other.—
He had his arms about her neck. I .did not see her

arms. There was very hard kissing between them.
She seemed' the willinger for it of the two. There
were 30 or
.40 people present. As to her conduct
tieing modest, she went on in .such a way that a
woman who was in my company said, if she had a
pin she would stick it in her.--(Great laughter.)
Frances Derbyshire, the wife of a boatman, and
in occasional waiter at the Horse-Shoes, at Elston,
iaid, I remember the prisoner and the prosecutrix
coming to our house on the.7th of June. While
there the prisoner asked the prosecutrix to kiss him.
She held up he lips and did kiss him. She drank
freely. The prisoner was not sober. The woman
was in liquor. They remained there mita nearly
eleven o'clock. He told her she was at liberty to
-4.0 home, for if lie went with her, he said plainly
what he would do to her. She replied that " she
was not willing to go without him ; he had brought
her there, and she expected him to take her back."
He told her "she might go and be --."
Cross-examined.—They had one quart of ale.
She drank more than he did. - There were about

ten other persons in the room. Instead of, being
coy_ about kissing, she seemed more, milling than

he was.

Lord TENTERDEN summed up the case to the
Jury, who, after some deliberation, returned a ver-
dict of Guilty. The prisoner was sentenced to three
months' imprisonment in the House of Correction.
• SATIJILDAY, AUG. 4.
THE ICING V. JOHNSON AND OTIUERS•

This was an indictment against ten young men
for a riot at East Retford, during the election in
June, 1826.
_ _

The defendants were discharge,.
William Cotton, aged 15, was charged with kill-
ing' and slaying William Lenton, in the parish of
St. Mary, in this town, on the Bth day of April last.
Lord TENTERDEN observed that there was no
case against the prisoner, who was therefore ac-
quitted.
Lord TENTERDEN, having cleared the calendar at
10 o'clock this morning, adjourned the Court, in
order to suit-the conyeuieace of the Jury.(this being
market-day), to nine o'clock on Monday.

MATERNAL FFECTION.—One day, last
week, as the child of a labouring man at Ickle-
sham, between three and four years of age, Was
playing near a draw-well, nearly 30 feet] deep,
which had been left open, it unfortunately slipped
from the curb and fell in. The mother, who
was at no great distance, . observing the accident,
rail towards the spot, and', unhoOking
the bucket,
immediately let the rope into the well, by which
she. attempted to slide downto.the assistance of
her child. She had not, hoWeVer, descended
snore than half way, when the rope-broke', and
the poor woman was precipitated to the bottom.
Having,, miraculously, received :no injury from
the fall, owing, probably, to the expansion of her
clothes, she found • her child floating Upon the
surface of the water. She immediately seized
it, and contrived to hold it in. her arms above
her head, until her cries brought soine persons
to her assistance, who' speedily extricated both
the mother
w a
sa
four
rher
echild
depth,from theirhad
d r.
epce:eriivl
eo
du s. si-
tuation,
the viel l
neither of whom, although the water in
material injury beyond that occasioned" by fright.
—Kent Herald.

. . . .. ..
A giant of the name of Lambier, who has
been exhibiting himself for some time in Paisley,
had, along with his wife, on Wednesday morn-
ing made rather free with " gUdeSeottisli drink.
Some difference having arisen between the parties
',hey procee.ded to blows.. The i wife, to enable
her to cope with the giant, seized a bottle,
.with
which she struck him on the forehead ; in return
'or this mark of loving kindness, he abused her
io unmercifully, that the interference
her life. A
of the
neighbours was necessary to protect- but
larty of police were accordingly sent for,
when they saw the unwieldy form, and determi-
ned,itill
the mannerfirst of
mant thathegi uttered (who declared he would
tfered to lay a hand on
Aim), a reinforcement of police was sent for,
who, with the assistance of some neighbours,
;owl captured their blustering opponent. After
they had succeeded in dragging this giant a few
)aces from his den, he fairly took the dumps,
kacaenodrdiiiieigellsy,
apirloaciunretchbataisitdatethheuhrirtileiderttO.
person of this 4‘ wonderful" being tied
aid would proceed no further. A porter's bar-
-offiee. After being examined before
''alohiweewr'elpinwidoanalgsiec
cisetrates, he was next (.14 examined by the
Sheriff, and committed to op]. , His wife was
taken into the House of Recovery, and is now
so much batter as to be considered out of danger.
—Glasgow Chronicle.
•. _ ,