The Sun.
London, England, 1811-02-16 00:00:00

DARLEY V. TOOIYM

This was an action brought to recover datreiges
foe false imprisonment, under very peculiar circum-
stances, the delendatit 'loving caused the lilaintirf to
be 'apprehended and imprisoned on a charge of a
most 'detestable descripi ton. 'The pie, of -the de,
tendant stated, that lie was fully justified in acting
as he had done, in consequence Of the stispicious
conduct of the • •
It appeared trees, the evidence oil) miel Teole,
a sailer, 311,1 .George Oelham, a bombardier belting.,
log to the 114)al,, thlery, that, on Ike: evening of
the t t!h of Auguee last, they were in coterie),
with the plaited, who keeps a poiatee waiehot,se
in Oxford-street,. at the New Inn public- hoese,
Edgwaie-rriad, of which the defendant is laiellerd.
They had there es. 'wort Ii <it !nano}, nod water,, nod
on the landlord demaicing payrnem, the pleintiff,
who wits intien in liquor, destred him to bring an-
other gt.ass,em this he mode no answer, but ;leant
demanded his reckoning..Plainter being-ittiiated,
stood up, , avid swore it he did 1101 leave the moot,
• he veottlel kick hint; he advanced , for the purpuse
trs etriketee the defendant, when he fell over a
chair, and, ,in enditaveeriog to save himself,. eaitget•
hull of thd landlord's apron. The latter chew
beck, mild swore, if he, did not desist,- lie ;would:
knock hi i head tiff, On ToeL's endeavouring to
reckoning paid, lie Mend that neither .4 ills
co. 1 an iii had any inuory, atilt, have% no mote
leen Into4eit, weat out aud'borrowed
es. from his master. Dering his absence a con-
sta6le had been called in, who had taken ih
tilfaed Oldham into custody, and oil Toole's entei-
otegthe pe,ijour, the defendant slid, " there is the
other !" and they were ell three taken to
the waiee.hou,e. There, however, the defendant
made' no charee :against Oldham acrd Toole, bht
;.,eionhoed his accusation to Darter, who gate bail for
appearance next morning at Atirlhornugh.
when the Magistrate dismissed the tom,
tWo witnesies positively swore that
tttilliin' ttopt, eier or indecent had passed between
thern and Dat:ey in word or deed. They were
nerfectly ► anti knew nothing of any in-
tently:l Chatge until , the arrival of the consiable,
On the part of ti.•t3 defendant, Francis Wright,
a farrier ; IL,lward &tie 'haw, a chair-ma'er ; and
ii; were examined. They
filOttilifl Onions, a surveys.,
deposed to several aelinnS,, of a very' equivocal na4
tune, loving passed between L'./ar'"Y, mid °
who, however, in his evidence, 0. ''l"'",'Y t ,denied"i the
14(1, Wright stated, that the Aker.. MIT. am leY had
seieed hold of his (i,i,dteelees) bane,. y. it Ii the Mien-
tee, fits it appeared to hint, 01 kissitpg,;47ll.(-10)ny i;LIIts
that, in consequence. Of :wen%
hee.itrin round,Oldhain's nerd;, 'ee."l HP`
proarh;his face vt;;",, close to him, et the dame t.'mc
oedting use of some eiplesZio:ls which struck hit,'
,tt the moment as, being highly ituproper, though •
lie could not theterecolleet what they were,'he went
to the landlord and told hitu, that either those mot
who were behaving so improperly shauld leave the
Itbirte or he would.
Thii defendant said he bad been treated worse
(Or at the time the plaintiff' tell over the their, he
battle:hued indecently to him,' and had tolit him
Ire could make his (Teems') house par.dke,
and could atfold to spend hundreds io h."
Mr. lliorlri advised the landlord to send for a
coleitable, and the poetics were apprehended. Old-
haul, its his 'evidence, 'positively denied having
heard Dailey make use of the expressions aitribMed
to him by the defend.mt. -' •
HMr. berjeent Bi,.sT, in ti most argumeneeive
spetieh,' contended,' that the defiendaut's witneeses
lied Sworn to :tots" which, elioe Mg them to haee
occurred, were completely equivocal—awl night,
without any vicious intention, have been done•by it
man itt litl.tttrr, as the plaimitf ,was' stated to have
beim, . got it should be reeolletied, that the.
eiesees for the plaintiff, who stood unimpeache4 end
unceetrerlii•Aed, had clearly and distinftly denied
any of theie . circumstances to have oaken ptate.
Thu Jury wooht Also- cOnskter the gross itoprobabi,
lity of three men, two of them completely sober, con-
dueling theme eves in a public room, betere st rangers,
in such a manner as to excite suspicion cif the molt
degrading kited. 'sod it was well worthy of observa.
tioß, that, -et,the watch-house, the original charge
had, been abandoned with reiped to turn of the
parties, and the Magistrate at Marlborough-street had
dismissed it wiategard to the third. The• action

!) HARRIS, of No, 4, Martlett-mutt, Dow-street and PCh'
Cr) No, I 12, Strand, where didwertisements, Orders