Star.
London, England, 1821-09-05 00:00:00

LAW INTELLIGENCE.

SITTINGS nrsonn MICHAELMAS tram, 1821.
Seals, Rehearings, Appeals, and Petitions, before
the LORD CHANCELLOR :
Thursday, Nov. 1, First Seal.
Friday, tl, Rehearings and Appeals.
Saturday, 3, Second Seal.
'Monday, —5, Petitions.
Seals, Pleas, Demurrers, and Petitions, before the
VICE CHANCELLOR :
Thursday, Nov. 1, First Seal—Motions.
Friday, —.. 2, Pleas and Demurrers.
Saturday, 11, Second Seal—Motions.
Monday, .5, Petitions.

CARLISLE ASSIZES, AUGUST 51.
The Commission for holding the Assizes for the
County of Cumberland was opened in this City yes-
terday evening; after which the Court immediately
adjourned.
The Crown Calendar is very small, consisting only
of twelve different charges. The Cause List con-
tains forty-eight entries, among which ate three
Special Juries.

CROSBY FORSTER, ESQ.
Mr. BROUGHAM, in a long and eloquent speech,
described this to be an action for false imprisonment,
brought by the plaktiff, a joiner, in humble circum-
stances, with a iar,.tre family in this city, against a
Gentleman of opulence, and also a Magistrate of
Carlisle. The cause of action arose out of the elec-
tion di3inttes, in re:urninly, a Member to serve in Par-
liament ; when, it was alleged that the defendant had
indulged his personal pride and ambition on that oc-
casion, and made his Magisterial authority snhseral
vient to the party feeling he espoused. The Learned
Counsel then called witnesses to prove the injury
which the plaintiff complained of.
Charles I lart, a cotton-spinner, proved that he was
in the mat ket place on the day of election (the 21th
3lay), between nine and ten o'clock in the morning,
and remained there the greater part of the day.—
The soldiers made their appearance at the place
where the poll was taken, about four in the afternoon;
he was stir!): iced to see them, as there did not appear
to be any cause for it. It was for the election of a
City Member. The s'Aiiiers were marched towards
the market-place, and there fot med into a hollow
square. About twenty minutes after the soldiers
came he saw Crosby step forward near to the place
where witness stood, and speak to Dr. Easham ; but
did not hear the conversation. Crosby then turned
round and was going to leave him, and made motions
with his hands fur the mob to keep quiet, but seas
forced by the pressure of the populace on Dr.Easham,
who immediately turned and seized him by the collar,
and directed that he should be taken to prison. Mr.
I:ulster and the soldiers were close behind him, and
the witness did not know to whom the command was
given. Mr. Forster took the plaintiff by the collar,
and dragged him a little back towards the soldiers,
by whom he was, a few minutes afterwards, marched
a prisoner to the Castle. The conduct of the plaintiff
had been peaceable, and no attempt at violence had
'seen made on his parr.
.11(-:..rani.i;:e.1 31r. SCARLETT.—The plaintiff is
a cat penter and joiner. The first time he saw Crosby,
he was stepping up to Dr. Easham ; the witness had
not known the plaintiff before that time.
Joseph Dennison's testimony was to the same effect.
William Hall deposed, that before the soldiers
came there was nothing particular going forward ;
everything was quiet. After the soldiers came, the
people cried out they here going to massacre them
as they had done at Manchester. The plaintiff de-
sired the people to keep themselves quiet, as it was
not the soldiers who were to blame, but those who
sent for them, and also asked if the Riot Act had
been read, and by whom, and when, and where ?
Crosby then said to witness and those around him,
‘. Keep yourselves quiet," and then left them. Ile
soon after wards saw the plaintiff talking with the
Doctor, when the crowd rushing on them, the plain-
tiff was driven against him, and the plaintiff was in-
stantly afterwards put into the ranks.
He was cross-examined by Mr. COURTNEY, but
nothing material was elicited from him.
Richard Jackson is the Keeper of the County Jail;
he received the prisoner into his custody on the 21th
of May, fur an assault, on a warrant for further ela-
mivation, and who remained with him until the 21th
July. On the 2.7 ch of May, the witness received a
warrant of commitment of the plaintiff fir trial.—
Between the 24th and 27th of May, the plaintiff was
never cut of his custody, or examined before a
Magistrate.
Mr. SCARLETT objected to this evidence, as irrele-
vant to the subject matter in dispute.
The COURT overruled the objection.
Examihation resumed.—An application was made
to the witness to admit the plaintiff to bail. The wit-
ness had acted under three warrants : the first was
dated the 'Alit of May, for an assault ; the second
was a charge on the oath cf Dr. Easham, of the plain-
tiff having riotously and tumultuously assembled on
the '27th of May, with others, to disturb the peace;
and the this d was received on the 24th of July, au-
thorising the witness to liberate the plaintiff from his
custody. After he was liberated, Mr. Steel, the Un-
der Sheriff, applied to him, and requested him again
to return into custody.
Rev. Edward Stanley was at Carlisle Election with
Mr. Ellis, a Gentleman of property, on the morning
of the '2.3111 of May, when they met Mr. Forster, and
Mr. Ellis said he had been wishing to see Mr. Forster,
to tender him his bail for Crosby. Mr. Forster had
a very large bludgeon in his hand, and said he would
knock Ml. Ellis down if he interrupted him. Mr.
Forster turned about, and Mr. Ellis said he had been
long acquainted with Mr. Forster, and would not be
bullied by hint. They went to the prison to offer
bail, but finding he was committed for further exa-
mination, they deemed it improper then to interfere,
but promised to return to the plaintiff in two or three
days. Mr. Forster is a lientleman of landed property,
a Banker, and a Magistrate.
SCARLETT, for the defendant, submitted to
the Court, as a short way of disposing of the cause,
that Dr. Easham had been assaulted, as proved by
their own evidence, and that therefore the Magistrate
was justified in committing the defendant on his own
view of the transaction.
The CouRT was of a contrary opinion.
Mr. SCA anc rr then addressed himself to the merits
of the case. He at considerable length justified the
i:onduct of the defendant, and said that this was no-

thing but a question of party feeling and party poli-
tics, and improper to be brought into a Court of
Justice. By the Constitution of our Government it
would be impossible to do without party. He thought
it ran in some cases to an excess, but genet-ally it
served to keep the Constitution in vigour. This feel-
ing, he said, was not detrimental to the great political
machine of the G&ernment, and he thought when it
had operated at an election, it ought there to subside,
and not to bt heard of by a Judge and Jury. The
plaintiff was no freeman, and therefore could not
have a vote. A Magistrate having a vote, had the
same feeling as another man, with respect to party,
and which was the right was not for him to deter-
mine. Every man thought his own judgment correct.
He protested against heating anything about the mi-
litary in this case; there had been a bustle and con-
fusion in the city, and the Riot Act had been read
twice, when it was thought necessary to call in the
military as a precaution ; but whether that was pm-
per or improper was not for this Tribunal to decide.
The Learned Counsel then charged the plaintiff
with conduct highly improper, exciting, by his vio-
lence, others to a breach of the peace, such as chal-
lenging them to fire upon the crowd, and using other
taunting expressions, and when he was ordered to the
Castle, the crowd pel:ed the soldiers with stones.
Dr. Easham examined.—lle was at the Market-
place on the day of the election. A person caught
him by the waist of the coat, and pulled him back-
wards towards the crowd. Ihe defendant was there
at the time, and saw it was Crosby. The Riot Act
had been read tss ice. He laid an information against
the plaintiff for a 'jot on the 27th of May, and should
have done it sooner, had he not been engaged from
home on professional busicess. It was agreed on the
`26th of May, between the witness; Mr. Salt, and the
defendant, that an information should be laid against
him. The assault on him was not more than five or
ten minutes after the Riot Act had been mad a second
time, and he did not know that the plaintiff was pre-
sent when it was first read. Ile had preferred no bill
of indictment against him.
Cross examincd.—lle read the Riot Act himself the
first time.
Thomas Young is a pensioner. Ile was on duty
at the Castle. Ile saw Crosby conic forward from
among the crowd, and behave in a contemptuous
sort of way. He saw him lay hold of Dr. Easham
by the waist of the coat, and pull him back towards

the crowd. He had heard Dr. Ea4iam read the Riot
Act, and the people had conducted themselves very
irregularly. Dr. Easham turned round and seized
the plaintiff by the collar, and a Military Officer came
up, when he attempted to get the sword out of his
hand. The Officer separated him from the Doctor.
The witness saw stones thrown at the soldiers.
Cross eramined.—lle has been in the Police for the
last seven months, and is a weaver. He was twenty
or twentyfive yards distant.
John Barnes, a constable, and William Pearce,
spoke to the improper conduct of Crosby.
Mr. BROUGHAM feplied. He complained that the
plaintiff was committed on the 24th of May for a
common assault, for further examination, upon which
warrant he had never been examined, and the Ma-
gistrate had refused to take bail for his appearance.
On the 27th he is committed for riotously assembling
on the 24th of May, and no further notice is taken of
the first warrant, but it is framed in such an ambi-
guous way, that it was generally supposed that the
plaintiff was detained as a capital felon, arid was ac-
tually published in the Calendar of malefactors for
trial at the last Assizes, and the Under Sheriff had
attempted to prevail on him to return, thinking he
was improperly discharged. At the expiration of
two months, when the Assizes were about to com-
mence, he is discharged without being indicted for
any offence. The Learned Counsel concluded a long
and able speech, by recommending the Jury to com-
pensate the plaintiff, and teach the defendant justice.
The Jury returned a verdict for the plaintiff—Da-
mages 1:10 10s. costs 40.