Star.
London, England, 1809-07-04 00:00:00

ELI EWEATHER V. CHANDLES.

In this action, which was bronght against an At-
trvney,.for breach of premise of marriage, the only
object WAti to clear the Plaintiff's character, and the
Defendant consented to let a verdict go against him
—Damages .4'500.

SATURDAY, ATLI' I.'
TILE. KING v TILE Emu, or PORTMORE.

This was an indicttilent fir not repairing a bridge
over the river Wye, in the county of Surrey.'
The only question was, whether the Noble Earl or
the county was Lound to do so ? And after a good.
deal of evidence, as to the usage for sixty years, the
latter was found to be the case, and therefore the
Jury- pronounced it verdict of—Not Guilty.

I.!Br WIT OF THE SUBJECT.--.SAPIN V. DE BURGH, ESQ.

AND OTIIERS.

Mr. PARK opened this case, which he said-was very
different from that of yesterday against Mr. Conant,
the Magistrate, and would have, he believed, a very
different result. It was an action for the false impri-
sonment of the plaintiff, by Mr. 1> Burgh, Sir Chris-
topher Baynes, and Mr. Perry, three Magistrates of
the county of Midulesex, sitting at the Petty Sessions
at Uxbridge, in October last. The plaintiff was the
son of a horse-dealer at Hounslow ; was drivi,ig
with his horse and cart, he riding .on 'the shaft, and
they were overturned ; and ne ill-treated the horse,
for which he was subject to a fine of ten shillings, by
Act of Parliament ; but, instead of taking the fine,
, tllese Magistrates had sent him on board the tender,
whence he was conveyed to the ?gore, and was kept
for about five weeks, and until he was liberated by
Habeas Corpus.. Mr. Park said, he was an advocate
for submission to the authority of Magistrates, su-
preme and subordinate ; but this was a Wanton excess
of authority, the like to which lie had never witnessed
for the thirty years he had attended the bar ; and for
which he called for serious damages, for the protec-
tion -
of the liberty of the subject.
Mr. Atkinson, a farmer, and friend to.the plaintiff's
father, was before the Magistrates at the Sessions
where Mr. De Burgh stated, that this young man,
Sapin, was riding on the shaft of his cart; was shawn
• by one horse ; add, tbrou,sh the lad's own inisma-

nagoment; the horse fell, and then he be:OSM *
ecruelty;: by which; as he was riding oil the shaft, he
lte
had incurred the penalty of ten shillings by the Act
of Parliament ; and the yoting man was brought be•
fore them for this offence. The m'iney was pi AV,
at one time, but they told him he might take it up,
and he must be sent to the cage, and taken from
thence to the tender. On which, both the young
man and his friend, the witness,. said they lieped-Tne
Magistrates would be pleased to mitigate their sen-
tence, aid not send him to the cage ; that they Would
pay the fine, whatever it was. The Magist at.., •r.
d.red them both out, and ordered the plaintiff to be
taken to the cage, where Ire• was kept .secure. The
witness was kept out about an hour and a half ; he
was then admitted, and all the Magistrates were still
on the tench ; that is, Mr. De Burgh, Sir Chriito-
pher Baynes, and Mr. Petry. The witness said, that
the young man was sorry for what he had done, and
hoped they wculd mitigate their order ; and that he
was ready to pay any fine. ." And I, (said the wit-
nesS) xeould be bound for him, for any sum which
they would zequire. At the tithe I made this offer,
theyoung man was in the cage, and had been for an
hour and a halE I stated to them, that the young
until vas then in the cage, but I hope 4 they would
mitigate then order, and let him go lame with me ;
for that I would pay any tine, and be bound for his
future good behaviour. Mr. De Burgh made answer,
It was done by the whole Bench, and' it could not be
altered. And this was in the hearing of the whole
Bench, for they were then sitting all together. Mr.
Perry said, He should go on board the feeder, and go
to sea. I told them, that he had good friends, and
that it would be a great deal of trouble to get him
back again. Mr. De Burgh said, I had oeen to a
Mr: Walford, an attorney, to acquire that knowledge,
how to 'get him back ; and that, for my pains, it
would cost me a pretty expence. Says he, What a
pretty expence the lawyer will bring you in for it, if
you do !' And then said, That I might go home,
for. that he sluiuld go on board the tender. On which
Iwent home ; but first went to the young man, and
told him that he must go on boar.' the tender, and
that I would go to his friends, knowing it was in my
road. I afterwardi made an affidavit of the facts
before my Lord Ellenborougli."
John Watts, a constable, proved the taking this
yOting man to the cage, and of his being kept there
for about an lititir and a half, and then handcuffed by
order 'of the other constable, end then, by order f
these justices; taken on board the Enterprize Tender,
then 1) ing off the Tower:
Captain Richbell, who coindianded the Enterprize,
off the Tower, proved this young man, the plaintiff
.Sapin, was brought to him on the evening of the 17th •
(*October last ; remained under his care until about
the tl2d; when he was sent to the Note; to Admiral
Wells; whither they are sent from the Tender as fast
as possible. There are no beds for them on board the
Tender:

Lieutenant Antiitri received this young man at
Deptford, in whose care he was a few days, and
thence he was sent to the Ceres at the Nore, and
where, it appeared, he was kept until the 12th of
November, and then discharged by Halvor Corps:.
Mr. GAItIiCAV said, he was very much concerned
for these Magistrates, for whom he was Counsel, but
whom he could not defend against a verdict in this
case ; and it would only be to their disadvantage to
try to justify their conduct in this instance, however
respectable they might be in their general character.
They had certainly mistaken the law in this case;
the truth was, that this young man was driving his
cart in such• a manner as to endanger his own life,
and the lives of others his Majesty's subjects. The
horse had fallen, and he had ill-treated the animal for
that which was the- effect of his own fault, and was
thirefore a proper stl)ject of animadversion, and
might have been fined ; bin the Magistrates had gone
beyond the limits of their power
,by law, in sending
him on board the Tender ; but as there was here the

absence of all »lake, and this was a mere error in
judgment, he trusted the damages would be mode-
rate.
Lord ELLENBOROUGH.—" This certainly is a case
deserving of very serious damages; for we shall all
bold our liberties upon an extremely precarious tenure,
if, upon such pretences as these, any of his Majesty's
subjects are to be thus treated with impunity by any
class of men whatever. This is a fit case for ample
retribution. Here is a young man torn from his re-
latives and home, manacled like a felon, and cast
i into a prison-ship, where he has no bed. • I do not
mean to insinuate that he was there treated with any
more than the ordinary, and, perhaps, necessary ri-
gour of such a place; but this is a discipline to which
this young man was not subject by law ; and there-
+ fore he lras a right to complain of it, and to ask corn-
; liensation for his insulted feelings; for all his suffer-
; ings have been the consequence of the misconduct of
the Magistrates. At the same time, Gentlemen, you
will in no ca:e be outrageous in your resentment of
the ;misconduct or those nho come before you ; no-
thing will lead you to what may be called excess;
but this young man has a right to ask of you to make
him a fair, adequate, and ample reparation in da.
maces."
Verdict for the Plaintiff -damages 5001. which
happened to be the exact sumlaid in the declaration.

COCKPIT, WHITEHALL, JUNE SO.

Before the Most Noble and Right Hon. the Lords
. . _ .

Commissioners of Appeals in Prize Causes.

Sophia Elizabeth, Henrickson master. This Dani,h vessel,
laJett wi:11 bricks and linen, bound from Tomungen to Algesiras,
was captured by the Hero privateer, and brought to Plymouth.
—This was au appeal from the High Court of Admiralty, from
a scr.tence of condemnation, on the ground of violating the bloc-,
kade of the Weser. Their Lordships affirmed the sentence,
which also decided the tate of the Kleine Jurgen, Henricksal
mesns, and the Charlotte Sophia, which wore coadeninid on
the same ground.

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