The Sun.
London, England, 1827-08-10 00:00:00

LONDON, FRIDAY EVENING, AUGUST 10, 1827.

for relief, who gave her something, and then applied
to the plaintiff. As he was carrying away his
goods, and leaving his wife in a state of pregnancy,
liable to become chargeable on the parish, the
officers considered it their duty to take him be-
fore a magistrate, and prosecute him under the Va-
grant Act, but as the plaintiff resisted their autho-
rity a scuffle ensued between him and the constable,
in which several blows and kicks were exchanged;
and the plaintiff having conducted himself in this
violent manner, there was nothing left for the offi-
cers but to take, him to the cage for the night. The
following morning the plaintiff was taken before
Admiral Lambert, who humanely suggested that
the plaintiff should not be prosecuted, but that his
father should indemnify the parish. The plaintiff
was then set at liberty, and actually left the parish
for several months, during which his wife was con-
fined in the workhouse, and her father-in-law ac-
tually paid the sum of 6/. 14s. 3d: for the expenses
of the mother and child. The Learned Counsel, in
conclusion, contended that the defendants were
not actuated by any ill will towards the plaintiff,
and merely acted in the execution of their duty,
under the Vagrant Act, by which they were pro-
tected.
On the part of the defendants, a witness was
called to prove that the plaintiff removed some
tables and chairs from his house before his wife ap-
plied to the parish, and also that the plaintiff, in a
quarrel with his wire, threatened to abandon her.
Several other witnesses were examined in support
of the defendants' case.
Mr. ADOLPHUS having replied,
The Learned JUDGE summed up, and the Jury
returned a verdict for the plaintiff.

MIDLAND CIRCUIT.—DERBY, Ado. 8.
COLLINS, CLERIC, V. WOODWARD.

Mr. COMMON SERGEANT, with whom was Mr.
READER, in this case, said the plaintiff was a clergy-
man. The defendant was one of the bailiffs to the
High Sheriff of the county last year. The cause was
like those numerous actions which plaintiffs were
often obliged to bring against men, who after keep-
ing them out of a just debt for a long time, tried in
the end to cheat the law itself. The present plaintiff
had a bond given him by a Mr. Woolley, and having
entered up judgment on it proceeded at length to
execution, on finding that Woolley had no disposi-
tion to pay him of his own accord. The writ of exe-
cution was put into the hands of the defendant, and
property enough pointed out to him ; but, on some
pretence that this property was claimed by others,
defendant chose to return that " there were no
effects." He had only to prove that there was suf-
ficient property.
The formal proofs of the execution were put in
evidence, and witnesses called, who proved property
enough in Mr. Woolley to cover the execution.
Mr. CLARKE (with whom was Mr. N. CLARKE)
was instructed to defend this action, on the ground
that the property pointed out belonged to Woolley,
jun., but seeing the evidence against him not to
be contradicted, he submitted to a verdict--1951.
10s. 4d.

William Brown was put to the bar on a charge of
stealing five sheep, belonging to Joseph Matken,
of Kirk Ireton, in this county, on the night of the
2d of April last.
The Jury found him Guilty, but recommended
him to mercy on account of his good character.

:his action was commenced, I saw Mr. Barlow : he
Followed me to Mr. Peak's at Chatkill ; lie said he

.„......_ .
was very anxious to have this matter determined
without any legal proceedings. I told him if he
would come to my office with any respectable friend,
whatever that friend raid was a sufficient compensa-
tion for the children, I would agree to. He pro-
_ . • _

.._. -
mixed to come the following Saturday; I waited for

him and he never came.

A clerk to Mr. Flint proved the delivery of a let-
ter to the defendant, offering the same terms of ae-

commodation mentioned by the last witness.
Mr. Charles Flint, cross-examined by Mr. TAL-
Fouß.D.—The rule for a criminal information against
Mr. Barlow was made absolute in Easter Term.

The criminal information is my affair. I was in
London during the last sessions, and gave no in-
structions but in writing, for obtaining a copy of the
record of acquittal. I was not in London when the
rule for obtainin!.,, the criminal information was ar-

gued. The rule for a criminal information against
Mr. Broughton was discharged.
Mr. TALFOURD.-1 will show that the court of
quarter sessions expressly restrained Mr. Flint from
making use of this record of acquittal in this way.
John Caddy said, lam eleven years old. I have
a sister named Julia. My father and mother are
alive. Father is a labouring man, living at Chatkill-
green ; he lived there in October last. Father had a
cow, a pig, some geese, fowls, and ducks. I remember
sister being ill that month; mother went to Miest to
fetch her home; whilst she was gone, aunt Mary gave
me my dinner ; father was from home at work. It
was on a Thursday when mother went to fetch sis-
ter. My sister Julia had her dinner with me; after
dinner I went to put some pigs out of Mr. Barlow's
field ; after that we went to catch some ducks to play
with them on Chatkill-common, Julia went with
me ; when we got to the pit or pond, I pulled nay
shoes and stockings and trousers off. I left my
clothes about ten yards from the pit. Julia pulled
her shoes and stockings off. Julia is now eight
years old. When we had pulled our clothes off,
we wer,t into the pit to catch some ducks ; I caught
two, my sister caught one; we were going to fight
them and play with them. I don't know whose
ducks they were : it was father's duck that sister
caught. We began to play with them towards Mr.
Barlow's, about ten yards from the pit; we were
then ten or eleven yards from our clothes. I saw
Mr. Barlow and John Ward coming. Ward said,
" Catch the girl ;" Barlow said, " Loose the girl,
and catch the boy." I got over the hedge, and up
the field home, without my clothes. I was much
frightened, and when I got home got under the stair-
hole. Ward followed me into the house. Mother
and sister were both come home. Sister Mary
pushed the door upon Ward. Mother came with
him in. Mother said, " What has he been do-
ing ?" Ward said, "He has been catching the
ducks." Mother went for my clothes; and when
she came back took me to Barlow's. Mr. Barlow
said to mother, " Mary, must 1 beat him or roast
him?" Mother said, " Beat him, Sir." Barlow had
roast me before; he chained me to the grate, and
threw some water on me. Barlow then considered
a big while, and then said, " I think I shall take
him to Mr. Broughton's." He took me to Mr.
Broughton's just before milking-time. Mr. Brough-
ton's is about two miles from Barlow's. When we
got these, Barlow pulled my shoes and stockings
out of his pockets, and said to Mr. Broughton,
" E'e.n do what you can, for I can't bear it any
longer." Mr. Broughton said, " Bring him in the
morning, and I will send him to Stafford." He or-
dered sister Julia also to come. I heard Barlow ask
Mr. Broughton for a warrant to break mother's door
open if she would not let him have sister Julia. I
was taken that night to Mr. Barlow's. He would
not let me go back again with my mother. I slept
that night at Mr. Barlow's.
Mr. TALFOURD objected to any thing that hap-
pened to the boy, which might be ground for a se-
parate action.
Mr. Baron VAUODAN thought it admissible, if it
went to show malice against the family.
Examination resumed.—l was sent to bed with
George Reeves ; in the night I was awoke by
George Reeves. Mr. Barlow stood by the bed; he
had a rope and a candle in his hand : "he said,
" Did not your father tell you to steal the ducks ?"
I said, " No, he did not, Sir." He said, "If you
dinna say so, I will hang you with this rope." He
would have put it round my neck, only I pushed it
away. He asked me what I was doing with the
ducks, and I said playing with them. Mother
came next morning to Barlow's. Julia was with her.
We were then taken:to Mr. Broughton's. Mr. Barlow,
his son, John Ward, and Joseph Peak went with
us. It were in the morning we went. After we went to
Mr. Broughton's, Julia and I were taken to Stafford
gaol; we remained in gaol ten days and eleven
hours. We were tried in this place at the October
Sessions, and acquitted.
Joseph Austin formerly lived with Barlow; he
knew Caddy, the father of Julia Caddy. Barlow
once ordered me to drive Caddy's geese into the
cow-house; he then told me to eatch one, which I
did; he then cut its head off, saying, I will take-
tithe of them, lad."
Cross-examined—I had often seen Caddy's geese
in Barlow's fields.
Re-examined—l know a womma named Sarah
Turner; she was a servant there at that time.
Sarah Turner lived with Mr. Barlow. I remember
Mr. Barlow giving me a dead goose ; be told me to
take the goose down to Mother Caddy. I did so ;
but she refused to take it.
John Walker—l lived with Barlow ;he gave me
a dead goose, which he told me to take to Jelin
Caddy's. I took it, and threw it down against their
door.

Cross-examined—This was about two years ago.
I often saw Caddy's geese in Barlow's wheat.
George Nicholls—l lived with Mr. Barlow. I
remember master desiring me to send young John
Caddy up; he went, and Barlow asked him if he
had got his pears ; the boy said he had not, and
began to cry. He told him to take up some pears ;
the boy refused. Barlow then desired me to take
the boy into the house, which I did. Barlow then
fetched a low chair, and fastened him to the grate,
and basted him with water.
Mr. Baron VAUGHAN here intimated that evidence
of this nature could not be received in the present
action.
Mr. CAMPBELL—This is the case for the plaintiff.
Mr. TALFOURD, on the part of the defendant, sub-
mitted that the plaintiff must be non-suited, on the
ground that the plaintiff having applied to. the Court
of King's Bench for a criminal information against
the defendant, had thereby waved his civil remedy;
and cited the " King v.; Sparrow, ! where it was de-
cided that where a party applies for a criminal infor-
mation, he waves his right of action.
Mr. Baron VAUGHAN was of opinion, that after
having pleaded, and brought the parties down here
to trial, the objection offered by the Learned Coun-
sel could not be allowed.
Mr. TALFOURD, after commenting at great length
on the cruelty and hardship of the case on his client,
concluded by expressing his hope that they would
discharge him from the bar, not with a verdict of
one farthing damages which carry costs, and with
which he was already pressed to the earth, but by a
verdict for the defendant.
The affidavit of Mr. Abraham Flint for obtaining
a copy of the record of the acquittal of John and
Julia Caddy, was then put in and read.
John Ward—l am a hatter, at Newcastle-under-