Star.
London, England, 1827-10-20 00:00:00

BLACKLOW, ONg, &C. AGAINST VAREBROTHIEN ♦ND

fendant

441 lie
to take

would
Mr.
the pl,
chose

in order

°THUM
This was an action for false imprisonment, broughs
against the late Sheriff of Middlesex, and against
Messrs. Shapcott and Joseph, two Sheriff's officers, for
arresting the plaintiff, whom they erroneously supposed
to be a Mr. Benjimin Pearson, against whom the offi
cers had a writ. ,
The Arrottaxe• GINERAL,. *in stating the case, said
that the action was for a'very gross outrage, com-
mitted under the most wanton and unjustifiable cir-
cumstances. His client was a respectable attorney,'
Whose object in bringing the action was not damages,
but to punish the two officers for their misconduct.—
The plaintiff bad been arrested through mistake, and,
lbad he been treated with that decency and mildness
Which every man was entitled to, he would never have
thought of instituting proceedings, but he wished to
make an -example of the officers for the unnecessary
grossness and harshness of their behaviour. On the
7th of last April the. plaintiff had occasion to go to
Highgate, and when returning home in the evening,
be was assailed, near the Archway, by the two defend-
ants, Shapcott and Joseph, who it appeared had a writ
against a Mr. Benjamin Pearson. Shapcott, after asking
hum a few questions, told him he had a writ against
him, and laid hold of him. The plaintiff said he was
mistaken ; but they insisted that they were not, and
dragged him along in the most violent manner to the
Highgate Archway Tavern; and when he expressed a
wish to see the landlord, and desired for that purpose
to go into the bar, they would not let him do so, and
refused to hear any explanation of their mistake, but
forced him into a room up stairs. Shortly afterwards,
the landlord was sent for, and on entering the room he
saw the plaintiff sheering his pocket-book to the officers,
lad endeavouring to convince them who he was. In-
deed, he warned them repeatedly, but they for a long
time refused to receive his explanatio'. They at last,
however, did receive his card, and beginning to suspect
that they were wrong, they told him that he was at
liberty, after which they made apologies as abject as
del. conduct had be.in outrageous: these apologies the
plaintiff felt it his dory to reject. •
William Coulson, son of the lessee of the tolls at the
Highgate Archway, saw two persons whom he did not
know go op to the plaintiff, between five and six o'clock
of the evening of the 7th of A;ril last, and tell him to
come along. Some words ensued, and they dragged
him to the Archway public house, a distan.e of ,+bout•
.50 yards. to the snuggle the plaintiff's hat fell off.
Witness did not hear what was said.

Thomas Shorter, the landlord of the public-house,
remembered two persons coming on the 7th of Apia to
his house in a coach. They took some refreshment,
after which they went nut, but returned in a short time,
dragging the plaintiff along. There was a great bustle.
The plaintiff, upon being brought into the house, asked
to go into the bar, but the men would not let him, and
witness told him it was not his custom to let people in
there. The plaintiff, by his appearance, seemed as if
be l.ei just escaped from a madhouse. The officers
were tre.sting him very roughly. They took him to a
room up stairs. The bell was rung, and upon the
waiter going up, the plaintiff &sited to see Pitiless, who
went up, and heard the plaintiff say he could satisfy
them that he was not the mill they were in search of.
I be plaintiff s'iewed them his pocket book, and gave,
witness his c.trd. Upon hearing his name, one of the
men said he thought he knew him. The names of the
men were mentioned, but witness could not recollect
the names. They made many apologies, but the plain‘
tiff said he would not receive them, on account of 'the

manners. There was a the_ s. Cathet
against a Mr. Benjamin Pearson, WhiCh bad been a long
time in the hands of the defendants, w ho had with great'
difficulty, traced Pearson to the Highgate Archway,
where they understood he was to get into one of she Man-
chester coaches. As they did not personally know Pear-
son, they naturally thought that if they saw a man look-
ing out for a coach, that man would in all probability be
the person they were in qisest of, and seeing the plain.
tiff coming from the direction of a house where they
understood Pearson was, and making a long crane neck
as if looking for the coach, they accosted him as Mr.
Benjamip Pearson. Had he then told thrm he was not
Mr. P. arson, but Mr. lilac klow, an snot ney. they would
as soon have touched a snake as have laid hands upon
him; but the Jury would heir that he was over and
over again accosted by the name of Pearson, and that
be and'ri ed himself to be so addressed, without takiag
shy pains to undeceive she officers until he got a copy,
of she wai rant, when he told them his name, and
abused them, and threatened them with proceedings.
A man who answers to the manse of the person in search
of whom Sheriff's officers are going, must thank him-
self for the inconvenience he is pot to. .
William Pearson—Wittte.X knew LTG Catherwood,
and . that be bad issued a writ against Benjamin Pear-
son, and being of ,tfie same name, it was suggested to
witness that he-Might trace him. Witness went with
the two defendants to the Archway. Whilst sitting
there, they saw the plaintiff. coming as if from the
house of Mr. NeviUe, a relation of Benjamin Pear.
ton. The defendants went cut, and witness followed.
Joseph accosted the plaintiff, and said—" Mr. Ben-
jamin Pearson, of . U.recht." The plaintiff looked
confuted, and coloured, but said—" What'tyour plea-
sure?' - Mr. John Catherwood then came up,
took off his hat, and said—" Mr. Benjamin Pearson..'
The plaintiff said," What is,..your pleasure, what do you
want ?" Joseph then saidi " I have a writ against you,
at the suit of Mr. Catherivood." The plaintiff said—
" You can't take me ; you shan't take me." The officals
said they .would, and went one on each side of him, and
;ook him to the public house, he continually saying—
"'Tow can't take me," but never telling hittname. The
plaintiff wished to go into the bar, but Shapcott said—
" No, a private room." When we got in, the wan ,
was shown, and the plaintiff copied it. Witness wet*
to Mr. Neville's house to get the plaintiff s luggage.,
thinking he was certainly Benjamin Pearson; tint wheel
he got there be saw the real Mr. Benjamin Pearson who
made his escape. Witness returneJ, and the plaintiff
was liberated.-

Cross-esamined.—Witneu was a cabinemnaker. He
went to the Archway, after the action was commenced,
to ascertain whether Benjamin Pearson went to Man-
chester that right. After the plaintiff gave his name,
he behaved in the most outrageous manner ; he said,
I'll knock any of you down, d—n me it 1 do not,
and swore vary much at them all. The otters told
him be had brought it all upon himself, but they were
reads to make him an apology, although he did not
deserve one, for it was his duty to have said at once
who be was.

The Arroauzi GENERAL replied, and contended that
the outtage upon the plaintiff was much aggravated by
the defence attempted to be set up. There was such a
thing as overdoing the matter, and the evidence of Pear-
son was an instance of it.

Lord TENTIRDEN said there was no evidence against
the sheriffs. If the Jury thought the plaintiff misled
the officers, they would give very small damages ; if
they thought otherwise, they would give what-they
should consider a fair compensation.

Verdict for the two defendants the late sheriffs Not
Civilly; and for the two other defendants, the officers,
Guilty, with 101. damages.

COURT OF COMMON PLEAS, Comment, Oce. 19.
Sittings before Michaelmas Term, before the Lou Clair Juana;
and Special Joke.
SNOW 'AND OTIIERS 9. LITLAND AND OTIIIIRS.

Mr. Sergeant BOsAlictUsT stated the case, The plain-
tiffs carried on the business of bankers in London, as
did also the defendants at Liverpool. The object of
the present action was to recover back the value of a
Bank of England note of 1001. of which they had been
rubbed, and which had since got into the defendants
possession. It will be remembered that in November,
1824, the plaintiffs, in the absence of a confidential
clerk, had sent their porter, named James, to the Bank
of England fer the purpose of obtaining cash for seve-
ral dividend warrants, amounting to many hundreds.
James had no sooner obtained the money than he was
hustled in the street, and his pocket book, containing
with many others the note in question, was taken from
him, and no intelligence coup be obtained of it, until
st was found to have passed int* the defendants,' bank.
There have been many trials against different parties,
arising out of this robbery, and in consequence much
formal evidence was dispensed with. It was admitted
that James was actually robbed.
Mr. Henson, the plaintiffs Attorney, stated that in
December, 1825, he wrote a letter to the -delendants,
4
informing them that he had heard they had received the
note in question, and requesting them to inform him
from whom it was received, stating at the same time that
ir was one of those of which the plaintiffs had been robbed.
They replied that they tlid not know from whom they
had received it, adding, that they were not in the hati.t
of taking notes from strangers. After the receipt of
this letter, the witness went down to Liverpool, when
ihe defendants exerted themselves in every possibli
manner to ascertain to whom the note was passed ; but
it was without avail, no information could be obtained
respecting it.
Two bill-sticker were called, who proved that they
had stuck up notices of the robbery in all the principal
parts of the town.
Mr. Mattison, from the Stamp-office, produced a copy
of the Morning Advertiser and of the Hitt and Cry, in
which the robbery was advertised.
This was the plaintiffs' case.
Mr. Sergeant Vane, for the defendants, contended
that from the testimony of the plaintiffs' own witness,
it was evident no want of caution had been betrayed on
the part of the defendants in receiving the note in ques-
tion. .In a business of such magnitude as theirs, it was
- impossible to say from whom they might have re-
ceived any note, and it was not customary for persons
to endorse their names at the back of a note. Under
these circumstances, he contended the plaintiffs had no
right to recover.
„
The LOW:1(11M Railer., in susaid mnfng up, it

appeared tiknite char to hint that sbe
tsed bsi
714. wit .it
Do' this *el!. •
t west*. tot theory.
wen,Le say whpshar, kkey
,considere4
defendants 'had use 4 ►pioper. degree. of caistion?
,y the plaintiffs could have no T4/tit to recant; .. -
Jury Iteftetad for some time; 'but at Length
Ver4inalft the dAndinti:
e !seltsemmi-nee
.• , .
ABSTMDISTER SESSIONS, Dar. 19.
Mary Alits flat*, coAnoody.cilled'." Lady Barri.
mote, was indicted lo'r *gabbing Edward 'Soli's,. one
of the dismounted patrol, 'On the 'night of Mt Oft.
instant. it appeared, from the testimony 'of 'the prOes-
cuter sod his `Witnesses, that her •LadyshiP was thico-
wired between eleven and tviellie &cloth oft the !Asti
of the day in question, in a state of intoxication, fighg
every one she met, and tusking a terrible distortioate.
The prosecutor, alter endeavouring to bring bet Wiser
,eases by talking to her, which proved pet fatly '6l4ess,
was aboet to take her to the warchhofte, When she
I threw herself into a fighting position, ind normithstaed-
log Jones detebdted hinsseff as long as he could, he
came off second best, and was ultimately toftpeßed to
call several watchmen to his assistance.
Her Ladys• ip's defence was, as hat been die Case
scores ot timer, that A. had been-dr:4AB% With some
Wendt whom the had not teen fur a icing time, surd did
sot know what she was abate:
The CY/AIRMAN sentenced her to 4mo swaths'
prisonment in the House of Correction, hoping, at the
*nu time, that she would amend-when she au* otos
On hearing her sentence. she cried with a stentorian
-voice, that " she'd be d—d but she would be ten tutees
worse when she came out of prisoo."
WM. Edger, alias Awry, stood indicted baying
thattdukntly obtained from Augustus Morten, One goM
hitig value 15. • • . •
'The prosecutor resides at l'41o; 20, Noel-street, and is
a working jeweller. He had been employed by Munn,
Davis and Notion to make some rings of a peculiar
pattern, and while this order was in the 'course of eon
cation the prisoner called at his house and obtained one
.of the rings, by saying be was sent by Messrs. Davis
rigid Norton. The following day he called for another
loot the prosecutor being -at a less to conceive what-Mr.
Davis could require twa pattern rings for, determined
On &taking the prisoner while be sent to Mr. Davis's
to make inquiries. The result of these inquiries was the
committal of the prisoner for trial at these Seuions.
-Mr. Davis deposed that he had octer sent the priso-
`tier for the rings, nor did he know ally thing about him.
The fact of the prosecutor being employed to mate
these rings for them, was known only to himself, his
partner, and Their errand boy, who • had carried awes-
, sieges to and from the prosecutor's hottse while the work
"way going on. From what they hid since learnt, they
had reason to suspect it was through this boy the secret
•had passed to the prisoner.—The Jury afottod him
Gmilty,
• Ballard, the officer of Marlboroegh-stteet, in answer
to an inquiry from the Court, stated that the prisoner
was a very bad boy, and had recently plundered his
mother, who was a decent hardworking woman, of
nearly all she possessed:
The Court sentenced him to be traispotted for seven
sears. .

WALTIERS S. It uotnnrs.

on this case being called on, Mr. Awn stated that
he appeared for M!. Walters, irho was a respectable
coach pi oprietor, and wl appealed from a conviction
,obtained against him by Roggen% for carrying mote
than the allowed atuuber. He had a good defence t the
rate on its,merits. as he should be able to sheer as soon
las the informer had produced his witnesses.
Huggens here informesrthe Court his w•itnessei were
not in atteudance, na did be know what bad become
of them.

Mr. A t.t.av said; be supposed they had kept away be-
cause they knewi the appollant meant to mining wit.
messes in opposition. to their testimony. _
The Court ordered titei einiviction to be gnashed.
Mrs. Eliodetis Lady of respectability, and
George Wardell, a baker, Of Queemstreet, Brompton,
were indicted for a misdemeanor; by indecently exposing
their persons in Coleshill.street, at ten o'clock, an the'
night of Thursday, the 11th instant.
The case was feliy proved by the wht
found them on the pavement.
The CHAIRMAW sentenced b• th• the defendants to
months' imprisonment in the House of Correction. '
Mrs. Briefly felt the Coult declaring hers was a very-
bard case. • -
In the course of the.day several juvenile pickpockets
were convicted, and in every instance where they were
at all known to the Court, were sentenced to transpOrta-
tion; the Chairman observing, that it was impossible
for a person tesiding in the Metropolis to shut his eyes
to the fact, that the streets were constantly thronged
by young th;eves. The Court had tried the effect of
imprisonment, and found it wholly inoperative to check
the evil. After mature consideration, the Court had
come to a determination to transport all known offen-
ders for the future, unless some good reason could be
given for a depot twe from that rule.

The E'ectors of Cott hare been addressed by the
lion. JOHN BOYLI, second inn of the Earl of Cour, to Ell up t►e
•acancy occasioned In the Represcotatioo ►y t►e death of t►e late
Lord Viscount Finn:moan. •'`

.e
7

The profit& of the late Festival at N. rwich, to be paid
over to the Hospital, amount to about Xl,BOO.
A' Meeting was yesterday held at the School Room
of the Parish of Sr: Clements, for the purpose of adopt-
ing some means of removing the nuisance caused 'by
thieves and prostitutes assembling at Ternplebar audits
vicinity ; when it was determined to increase the num•
ber of Streetkeepers, and draw up a Memorial upon the
subject to the Secretary of State.

_
A melancholy accident happened yesterday in his
Majesty's
,Victualling Yard at Deptford.' A scaffolding,
which bad been made for the workmen employed in
erecting a new windmill, gave way, and precipitated
several of the workmen to the ground. One man was
killed on the spot, and three others so dangerously
wounded, as to be immediately sent off to the Hospital.
A worthy burgher of Kitkaldy, with 'the inhere, t
passion for wandering characteristic of his countrymen,
went, not long ago, to see the modern Babylotil Ott
his return to the lang town elEirkaldy, he was'sily
surrounded by his inquisitive townsmen, anzioniliff learn
what the adventurous traveller had to report of London
and its lions. One, more eager than the rest, and whose
mind was wholly absetbed in the one idea of the rest
metropolis itself, interrupted the traveller's account of
his peregrinations by land and water, with this interro-
gatory 2--si John, I pay, John, man, tell as
ye think o' London itsel';'' which elicited

oracular response : N Deed, Tam, it's joist s
o* houses; a the folk there can swear as well,
ter, than our Fife gentry, and a' the bairns
4nglish like pen-gnus:

. •
.. •
coarse and abusive language they had made use of to. certainly appal
him. •Witoess, en 4einrurgeclT said that he recollaakd• ante bed mad,
one of the names was Shapcott. from them; iin
Mr. Graves, thecleik-'nf 'the plallit'fF, served thile• recriied k Ida
Pendants Ivit6 ps9ce,l on the "Oteiii April, (Shapeett as mercintile,
said he was sorry far the Mistate, Stud Talented -witness dig defiedaeta
to tAke the process 'hi Mr'..Catherwood, add hoped it, if they Mid, ills
would not get to the Sheriff's ears.. Tire Jury We
Mr. Bitouorsaas, 'tor the de'f.-usaar;ts, ennatelal thlt tinted a *yak
the plaintiff was arrested throkth his own (atilt; hel
. . . •
chose to be arrested by 'persciriating ahothir an; he' WESTB
went about decoying the Sheriff's officers le
Rcers to item him,-
in order that he might teach them .a lesson
.efgondli Mar Alt I
manners. There was, a writ at the wit of NI r. Cather wood ..,........Y ~. ;...,

Is at ance what
I the following
it a kintra.side
well, if no bet.
Ins can "Mt