The Sun.
London, England, 1820-07-28 00:00:00

and that in about a quarter of an hoer, eney saw
Hector and Cawlry standing near the house.—
: That Jones then went up to the house, and
Cawley said " he (Jones) must Cot go there ; the
'house was his castle, and if he attempted to en-
ter, he would blow his brains out." Mr. Hector
said, " the house was Mr. Taylor's ; that he had
seen his writings, and that he had given orders.
to fire if any one attempted to enter, and he
would indemnify them."— That two panes of
glass were broke, one in the kitchen window, the
other in the chamber above ; the glass was com-
pletely out; the shutters of the lower window
were closed ; there were none to the other. That
when they first went up to the house, they
heard voices in the house, upon which Jones
asked them how they got there several times,
and ordered them out. That several days after-
wards, he heard Joues again demand the posses-
sion oT the premises from Cawley, who' said,
46 the house was his," and that he had " taken it
of Mr. Taylor." J ones then said, " the men in
possession had entered by force, and that he
(Minchin) and Mr. Lee, would witness that he
had demanded possession ;" upon which Cawley
said, "he did not care a d—n for fifty witnesses."
That Jones then demanded possession of the
other defendants in the house, who said they
should keep possession till they had orders to
retire.

On his cross-examination by Mr. Serjeant Pell,
he stated that he was not one of Mr. Hector's po-
litical party. That he had known the house for a
number of years. That his father had never, to
his knowledge, been ordered by Mr. Taylor to
sell the house for him. That he had never
heard that Mr. Taylor claimed the house till the
MI of February, except by report. That he
had never heard that this house was advertised
for sale with Mr. Taylor's Purbrook Estate ; that
he had heard Mr. Taylor had a sale at Purbrook,
with some property in Peterstield, but he did not
know where it was. That Mr. Bower was not put
in possession by his (witness) father as against Mr.
Taylor. That when he and Jones saw Cawley
and Hector on the Sunday evening, there were
a number of persons with them. That they had
not hedge-stakes with them, as he saw, only some ,
of them walking-sticks. That Jones had not a
crow-bar with him, only a lantern.
Re-examined by Mr. CASBERD. lie believed
the people were about, the place accidentally,
and that they were not brought there by Jones.
That a meeting-house in the neighbourhood vas
just breaking up when this occurred. That New-
land during his life occupied the premises, and
that after the sale to 'Mr. Bower, a man of the
name of Aburrow was put_ in possession, and
occupied them upwards of twelve months. That,
he never recollected Taylor in possession. That
he (Minchin) had paid land-tax rate for Mr.
Bower to Mr. Hector's clerk.
John Jones, the tenant, was then examined by
Mr. E. Lawes, and corroborated the testimony of
the preceding witnesses ; and on his cross-ex-
amination by 111 r. ADAIR he said, Mr. Hector
had never told him that it was improper to make
a forcible entry, and that he (Jones) had never
encouraged the people to commit any violence, or
attempt to regain possession.
Mr. Serjeant PELL rose before the examination
of this witness was closed, and stated that as he
was anxious to save the time of the Court, he would
take his Lordship's judgment on the case as it
now stood. Its must admit the facts, thOugh he
could perhaps meet by evidence part of the state-
ment of the Counsel on the other side. He
admitted that if a man had ever so clear a title
to the possession of any premises, he could not
gain that possession by force.
Mr. Justice BORROUGH.—That is as clear as
day-light.
Mr. Serjeant PELL resumed.—He was satis-
fied his Lordship would perceive the situation in
which Mr. Hector stood with regard to Mr. Tay-
lor—that he was merely acting for him (Taylor).
The Learned Serjeant then took several objec-
tions to the form of the indictment, urging that
Jones being only a tenant from year to year, was
not in possession for a term of years, as alleged
in the indictment.
Mr. Justice Buanounii over-ruled the objec-
tion, stating that it had been held over and over
again that a tenant from year to year was a tenant
for a term of years.
Mr. Serjeant PELL then contended that there
must be an actual personal expulsion by force
from the premises.
Mr. Justice BURROUGII said, he had tried a
case of this sort at Oxford, where the owner
had never been near the house, and his servants
were got out by a trick and contrivance ; that the
Legislature had in view, no' doubt, the manner
of entry, and that if the present was not a forcible
entry, he did not know what. was.
Mr. Serjeant PELL.—The term is expel, &c.
Mr. Justice BURROUGII.--S0 they have here—
for what else were the pistols and swords brought
out ? His Lc; iship then addressed himself to the
Counsel for the defendants, and said if they had
no means of rebutting the testimony adduced iu
support of the prosecution, there was an end of the
case ; and after some consultation it was signified
they had not.
Mr. Justice BURROUGII then addressed the
Jury, stating that there was no evidence in the
case on the part of the defendants ; and that as
the prosecutors had clearly proved their posses-
sion, and, a forcible detainer'by the defendants,
there could be no doubt that they must find a
verdict of Guilty. That supposing Mr. Taylor
to have had the clearest title to these premises,
his going with violence to take possession was
not to be justified, for the law pointed out a re-
gular way, by ejectment. No one can justify
these. violent means, and here is ample evidence
to prove that the defendants must have got in
with the intention of holdimr, possession by force.
his Lordship then •directed the Jury to find all
the defendants Guilty, which they accordingly
did. His Lordship then said he should respite
his judgment till the next Assizes, and intimated
that lie should, in the mean time, expect the de-
fendants to restore the premises to the proseui-
• tors) and pay their costs. But Mr. ,hector ilk-