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

OXFORD CIRCUIT.-STAFFORD, ALTO. 8.

CADDY V. BARLOW. I -
This was an action by Julia Caddy, an i4nt,
who, suing by her prochain ami, sought to recover
from the defendant a compensation in damages for a
malicious prosecution.
Mr. WHATELEY opened the pleadings.
Mr. CAMPBELL, in stating the case, said that he
had now to address them with feelings of no common
anxiety. The plaintiff was a little girl seven years
old, who sought compensation from the defendant
for one of the most serious injuries that could be in-
flicted by one person on another. The plaintiff was
the child of a poor cottager residing at Chatkill-
green, in this county. The defendant was a farmer
of substance and opulence, residing in the neighbour-
hood, who ought to have known much better ; but
for some reason which he (Mr. Campbell) was unable
to state, had a spite against the family of the plain-
tiff, and seemed desirous to drive them from that
part of the country. On Thursday the 12th of
Oc-
tober, 1826, the father of the plaintiff having gone on
the preceding Monday to a different part of the county
to work, her mother left home to fetch a sick daughter
home from service, leaving her son John, a boy 10 years
of age, and Julia (the child who now sought justice
at the hands of a jury) in the care of an aunt. She
gave them their dinner between 12 and 1 o'clock,
as usual, and after dinner they went off to Chat-
kill-common to play. At a pit or pond on that
common they found several ducks, and having
slipped off their clothes, waded into the water to
catch them and play with them. They there caught
two or three of the ducks, one of which belonged
to their father, and began to play with them. While
they were playing with the ducks, the defendant,
Barlow, came up, and immediately called out to a
person of the name of Ward, who was at a short
distance off, to run to the children. They, natu-
rally frightened as might be supposed, threw down
the ducks, and ran away, leaving their clothes on
the common. The children ran home to their
father's house, but Barlow knowing well the inno-
cence of the children, sent Ward to their father's
house after the boy. In the mean time the mother had
returned. The boy was found under the kitchen-
stairs, and on hearing the accusation against him, his
mother said she would beat him for it. lint Ward
being ordered to take him to the defendant, Barlow,
his mother said she would go with him. When they
arrived at Barlow's, she was told of what the boy had
done to the ducks; viz. that he had been catching
the ducks. After some consideration, Barlow de-
termined to take him before a Magistrate. They
accordingly prcceeded to the residence of the Rev.
H. D. Broughton, a Magistrate residing in the neigh-
bourhood, and as he was no party in the present cause,
he (Mr. Campbell) should abstain from mentioning
him but with respect. When they arrived there,
Mr. Barlow charged the children with having at-
tempted to steal his ducks. Mr. Broughton having
determined thatthe child, John Caddy, should remain
in custody for that night, directed that on the fol-
lowing morning his sister Julia should be brought
before him. Accordingly, the following morning,
these two unfortunate children were brought before
the Rev. Mr. Broughton, and on the information of
Barlow, the defendant, charging them with stealing
his ducks, were committed as felons to the common
county gaol of the county of Stafford. They re-
mained there from the 13th of October to the 23d,
when Barlow appeared against them as prosecutor,
and preferred a bill of indictment before the Grand
Jury, which on his evidence was found. On being
brought to trial in this court, the children were ac-
quitted, to the satisfaction of all present, mixed with
feelings of disgust and abhorrence at the cruelty
which would have consigned such infants, on such
a charge, to such a trial. This unfortunate girl was
acquitted, it was true ; but the reproach thus in-
flicted on her would stick to her through life, unleSs
, the Jury, by their verdict this day, deelared their
opinion of the treatment she had been subjected to.
The Clerk of the Peace produced the information,
signed by Mr. Broughton, and the defendant Bar-
: low, which was then read.
Mr. Charles Flint, attorney for the plaintiff—ln
, the latter end of April or beginning of May, before