Star.
London, England, 1828-11-11 00:00:00

DAVIS V. CAPPER. ESQ.

Mr. CVRWOOD moved for a rule to show• cause why
the nonsuit in this case should not be set aside, and a
new trial bad. The action, which was tried at the last
Gloucester Assize►, be:ore Mr. Justice Gaselee, and a
Special Jury, was against a Magistrate for false impti
sonment. The facts, as disclos don the trial, were it.
ported in detail at the time. The plaintiff. Mary
Davis, had been robbed of money and articles of
wearing apparel by a woman named Ann Hamilton,
who, immediately after her trial and conviction a•
the Assizes, hanged herself in prison. Prior to hes
trial, and labile she was at large on her own re.
cogniz thee, she preferred a charge of robbery 4ainst
the plaintiff, who was then apprehended, and taken
before the defendant, a Magistrate td- the county; and
Ann Hamilton having produced a letter purporting to
be written to the plaintiff by a man who, it was stated,
had assiated her in the robbery, the defendant required
the plaintiff to state who the man was ; and she having
denied all knowledge of him, the defendant commitreL
her to prison for fourteen days, telling her that she
would, perhaps, in the Course of ift.t time, be able
disclose who the writer of the letter was. At tire ex.

piration of the fourteen days, the plaintiff was discharged
-out of custody ; and it" subsequently appeared that
the letter addressed to the plaintiff hid been written
by Ann Hamilton herself, and by her intercepted
arid produced before the Magistrate for the !purpose
of eliminating the plaintiff. At the trial it wrr con.
tended on the plaintiff's part, that the Magi .trate's
warrant was bad on the lace of it ; but tl e I.e.quesi

Juige, without giving any opinion as to its leptity, left
it to the Jury to say whether cr nut, under ti.e cucuw.
stances, them was any temottable ground for the corn •
mitment of the plaintiff? '1 he Jury, after being in con-
sultation a rut Many hours, stated, that they found i.
impossible to agree on their ♦erdict, and uttimately,
ender the directions of the Leamed Judge, a noiisuit
was enteted. The Learned Couthel now submitted

that the nonsuit ought to be set aside, and a new trial
granted. He admitted that a Magistrate had tie power
of committing s party charged on suspicion of ftlony
for further essmination ; but then it must be for a rea-
sonable time only, and for a purpose diffeient from that
which the Magistrate seemed to have in view in this e 4.. t•
`•namely, to extort from the accused evidence to ci

!pinata herself. The Court, without hesitation, granted
a ride flu.

HURON V. HORSUAN.
In this action, which was brought to recover a wager-
deposit on a trotung match, and which was tried heiote
Jr. Just.ce Bayley, at the last Yolk Assize,. Mr. Jane.
Pa. ke moved, on the part of the plaintiff, for a rule
nisi. t ) set aside ;he verdict at4ined by the defendant,
Ansi for a new trial. The Learned Coun.el stated shortly
the fit's of the case, but _ _

L rd TENTERDEN. withort entering into the merits.
said he wished the Learned Judge at the Assizes had
refused to ti y the cause.
Mr. Justice BAYLILV was glad to hear that rehserva
lion from his Lordship. He had in the outset expressed
his disinclination to tty the cause, and had ordered it to
stand at the bottom of the cause list ; and he should not
have tried it if the oih.r causes had occupied the whole'
of his time.

Lord TENTERDEN said, he hai long been of opinion
that the time tf Courts of Justice ought not to be occu
pied with such actions as these.— Rule sefu,ed.

WHITBIREZ AND ANOTHER V. JOHN WILES, SEN.

In our report of Saturday we accidentally omi ted to
notice, that in this case (the particulars of which we se-
ported a short time back), Sir J. ScAnLarr obtained a
role nisi to set asi e the verdict obtained by the plain-
tiffs on one of the points reserved by Lord Tenterden
at the trial—namely, that a person of tie name i f Sin
not, who deposed to having paid the defendant's late
clerk Milne a sum of 3501. on account of the trustees,
to whom the de endant was clerk, was himself an ittte•
re.ted party, and therefore income cent to give evidence.
COURT OF COMMON PLEAS, WESTMISITIR, NOV 10.