Star.
London, England, 1823-04-04 00:00:00

LENT ASSIZES.

,PON-THAMRS, APRIL 3,

• ' veldt een-arms-elit Her-
This wai an action brought to recover damages
for forcibly entering the plaint house, and taking
from thence a quantity of household furniture.
Mr. MARRYAT stated the case to the Jury. The
plaintiff was the occupier of a house situated 16,'Sa-
Esbury-crescent, near the Kent-road, which he rented
of a Mr. Bradbury. The defendants, Wilson, an up-
holsterer ; Benham, a furnishing ironmonger ; and
Turner, a looking•glass manufacturer, had, 'in Oc-
tober last supplied the plaintiff with a quantity of
household furniture. On the 25th of that montl4l
however, the defendants, with a numerous body of
peop),e, collected in front of Mr. Jones's house. Ad.:
mittance was 'demanded, which being refused, the
doors were broken open, and the house entered. The.
furniture was speedily removed from the premises,
some being let down fibril the windows, and the rest
taken out at the dbor. It was for this conduct, the
value of the property, and the injury done to the
honsel; 'that The action was now brought.
Francis Seviers Called and examined by Mr. Ser-
jearit Lawes.:=-I reside at Salisbury-crescent, Wal-
worth. On the 25th October, about nine in the
morning, I passed by the plaintiff's house ; I saw
there several persons trying to open the outer gate,
in Which, after a short time, they succeeded. The
door was broken open by force. The defendants and
others entered. The goods were brought out by the
persons assembled, some of them were put out at the
windoW. At this time there were about SO persons,
afterwards from 200 to. SOO. A person looked out
of,the window. and the defendant, Wilson, said to

.....W, ..., Wit. ~ .. _.....cr, A llu ....
him, " Come down and undo the door, you swindler I" at Salisbury Crescent. I recollect some furniture
Then addressing the mob, he said, e there is a nest being brought to N 0.16, it was taken away in a few
of swindlers here." days. The plaintiff told me, if any one called I was
.Anothir witness was put into the box to give a to deny him, but I refused. He said- it was the
similar account;* but, Mr. GURNEY stating that it fashion in London to do so. Sometimes he was dee
was not his intention to dispute the facts as already nied by his brothers, and frequently by his mother's'
proved, he-withdrew. The house at Walworth had a back door, which later,
Sampson Marshal called and examined.--I lived terly has been generally used by the plaintiff and his,
at the plaintiffs house, and occupied a few rooms.— brothers. I have summoned the plaintiff in the Court
The plaititiff-did not take his meals in the house; he of Requests for £2 17s. the amount Of my expenier
or one of his brothers usually slept there at night-- front Devonshire' o London, which plaintiff. pro***
Two-or three days previous to this transaction, I ob- to pay me. He made no defence, and I have now an
served some persons walking .backwards and 'forwards 'execution out against him for it.
in front of the hOttilillhought-ftir the purpose of Mr. MARRTAT at icenelength replied. • I i
reconnoitring.—(The witness
,then repeated the ae- The LORD Cltterßaston summed up the 'evident
count of the first witness, somewhat more in detail). to the Jury, and left it -to them-to say, if they thought
A SurVeyor was called, who proved the damage the purchase was with a fraudulent intent Or toot.
done to the berate to amount to 191. 11 s. 6d. The JUry found a verdiet,for the plaintiffe-Cf9;
Mrs. Bradbury, called and examined by Mr. ADOL- the amour[ ol the atmage doneytolhe touse.
rave.-- I ans thf wife- of the plaintiff's landlord. . -
- SOUTHWARK SitbitlAbli.
The defendant Wilson fold me, in October last, he Yesterday these Sessions commenced, before Alle
had made inquiries respecting the plaintiff, and he derman J. J. SMITH and the Recoatien. '
shituld have na'objection to furnish the house. He Adler Odell Monkton, Erf-ivattried•upon an in-
said Jones had paid, him some money on account of dictment, Charging him wklelraeing.aseaulted an old
the furniture. Jane; was going to be married.. I saw woman, his cook, with wetted* and candlestick, in
' the defendant Wilson last -Monday; he inquired of her bed, at night. - --a. !-.• , •
wit ifit was-Mr. Johtrdenees cie-Me. Philip Jones who - Ann Woodward, than: sleek, said, that in Sep.
liqtakenthehonse; -I fold tiro Me. Philip Jones the' her, she was in bast °nastiest witb,smooi Mr. Man,
pl'iuntir. I saw the defendant Benham a short time ton's sons, a child about .a year old, Between one
sines; be said. be should lose the verdict, and it would and two in the morning; the defendant entered her
cqit hint 000;hut-he .did not mind it.•
I..")°m, in which Mrs. Monkton also lay, on account
An invoice *as put in, dated the'sth October; 1821., of a still younger babe, _which she was nursing.. Wit-'
Mr. GURNEY, for the defendants, addressed .the ness was asleep with the little .boy in Yee.-amts, and
Jury. He repreented, he said, three very rosPetlabie‘sthe defendant awakened her with very bad language,
tradesmen, who had- suszairted a considerable loss in and then threw the lighted candle' nd. candlestick at
consequence of the fraud which had been practised' ler. She held her arm• before the bebi,tn;protect it,
on them by the plaintiff, of whose conduct they 'woad otherwise the man might have killed bisnwn.childl
judge better after they had heard the evidencewbiib Her arm was cut open: she did -not know whether
he would lay before them. The truth of the transac- her master was drunk at the time; his wife was in
tion would tura out to be this:—ln October last the the soom, but could not pacify him.
plaintiff called upon the defendant Wilson, gave orders Mr. Monkton, who undertook his own defence,
for a quantity of upholstery, to the amount of £lBB, cross-examined the prosecntrir. She denied that she
for which he agreed to pay ready money. An ad- had drank anything on the night of the assault.
vance was paid of' £B. The goods were accordingly Henrietta Peters, .Mrs. Monkton's nurse, said that
sent to the-plaintiff's house, at Walworth ; but on de- the defendant appeared to be iataticated on the night
rnanding payment, the defendant was informed by of the assault; the cook staid in the service three
Jones that he was extremely sorry, but, unfortunately, months after the assault, but never slept in the house;
he'was called' ost-to•ia4. up a bill in the hands of the defendant, before the candlestick was ihre,wty,
Messrs. Perring and Co.laankert, for £3OO, which wished to have the child taken from the cook-. .
had not been paid. 'Nciw hire he would inform them, Defendant— Did you . know. that she was. in thq
Messrs. Terrines' clerk" Was present and would prove habit of taking nay baby to gin-Chops?—Never.
thefalsehoOd of that statedient. They would be sur- Did you know that she was set as a spy upon. my
prised to twit that- the very evening 'of. the day on actions by my cruel father-in-law ?—Never.
which the defendant Benham sent in goods, the-plain- The defendant then said,abitt heowell all this per
tiff Was selling them off at half price. Within twelve secution to his father-in-law, who was enraged to see
hours, whatisad been sold to him for forty pounds, him married to his daughter; that he had thought
he- was parting with for twenty pounds. Some of the proper to marry a ward in Chancery ; that the mar
goods, in three days aftetfound their way into a shop- riage had been solemnized by the Bishop of Limerick*
window near the Borough. Mr. Benham had inquired that Lord Adair had interfered- to settle matters, and
where they had been bought : he was referred to a the Chancellor had made a handsome settlement upon
third person, who informed him they were purchased consideration ; that notwithstanding this, arrange-
of -the plaintiff Jones. ' The total amount of goods ment, his wife's father, had. urged his. creditor, to-
ternished to the plaintiff was about £3BO. It was in throw him into difficulties, and crowned the work by
consequence of these facts coming to the knowledge employing the prosecutrix--to. do him mischief, It
of the parties, they had resorted-to the mode described was under the impulse of tbe:feelings roused by, this
of regaining their property. The manner of doing it; conduct, that he went into the chamber, and finding,
perhaps, might be illegal, but it would be for them that the cook was drunk and might smother his child,-
to say- how far they were justified. The plaintiff, he he spoke to her, whereupon she abused him, and he
understood, was in Cburt. He would tell them how just chucked the candle and candlestick into the bed,-
he came there. He had been arrested for £lB, and but did not hurt her in the least. ,
on Saturday last he Was liberated on paying £lO, *d Verdict—Guilty. -
giving a bill for the remainder and the amount of The Reconnitn.—Are you willing to recompenen
cos*. • At the time of entering the house, some of the the poor, woman for this injury ?—Defendant.--If Ir
arucle,-weie then preparing for.removah and it was had done her any I .should not -have let. the case
only by the course the' defendants had taken that they come here. .. ~.,11
sueceildedin haying what they had; He contended, ' Prosecutrix.—Ohl my Lori, it is the fourth time
onkhe authority' Of" Noble v. Adam," 7 Taunt. Rep. be has beaten me; I Forge!, him three times.- •
that'Kitaras provedthe goods were purchased with , The Raconeen:—Take him down gaoler; his epee
a fraudilent intention of defeating the vender of the tence is imprisciement kr two months. His:conduct
payment, the property could nothe 'considered as has been most barbarous; he has no h emenity..lder-
passed by such a sale, and the 'defendants had a right wonder that his wife's father should feetfor his -
to retake them, though they could not justify the mode • . . LANCASTER.; .
of doing it. •' - - • Owing to the 'pressure of, beisitteteat; Yolk,- .
William Walker called and examined.—l am a Judges were deunnetf there' until-a late hoer on Si.
- shore= to the defendant, who is a fdrnishing iron,- _etirday, and of course email . not roe& Lancaster,in
mOnger in the BOrough. We supplied the plaintiff time to open the,COmmiasion on thatelay. Mr. Jus-
with various articles, such as stover, and :several tice BATLAY arrived about- mean on •Sueday, ben it
plated articles. The 'bill was sent in by the plaintifri " was nearly midnight when Mr. Justice HOl.lOllll at'.
request, who 'laid he would call anetpay it ashe ti- riied.• . Mr: Justice BA‘L/11 opened the Comnaissiein,
tutted from the City. 1 called' again ; the plaintiff on Monday morning, and the Jury west
sairit %iris' unfortUnate the bill had not been:sent in- enediately sworn in. Sir 'fumes Detavieemeit
before hill-past. two on the previous day, as he had Seen, Bart. of itufford, was the Foreman. There
just received a letter from-an attorney, stating, that 'contained nothing of hriportance.
unless he paid a bill for £3OO which he had endorsed, The first prisoners tried were William Welliegee
and' which-lay‘at Perring's, he would be arrested; John Hughes, who were indicted for robbing Willieall
that he hid" been compelled to pay it, which had Green on the highway, in Manchester.. The ease was
taken .allay all his cash. The defendant-has never one of common street robbery, and did !Pt P9metes
received the money.---The defendant was Called on to the slightest interest. -
ptoduce the bill; but it was not forthetimng. John Alien, aged 12,-• was indicted for assaulting