Star.
London, England, 1818-06-23 00:00:00

LAW INTEZLIGENCE.

COLIIT OF CHANCEI,IY, JUNK 21.
TEMPEST V. WIDE AND °TITERS.

The Court was crowded to excess*an early hour.
A great number orfashionables andoigantly.sdressed
Ladies, were present. among whom were Lady W.
BENTINCK and Mrs. W. LONG PALE.
The LORD CHANCELLOR came into Coins at half-
past ten o'clock, and took a review of the case, com-
menting as he went on ; and concluded with obser-
ving, that he wished to take a few hours for the fur-
ther consideration of some of the points, before he
`could make up his mind whetheina further enquiry
was or was not necessary? He would asain see Lady
Frances, and state all the objections in the way of
the raarriar to her, with all the strength he was
able ; and in giving his decision, which he would do
without favour to any of the parties, or without
being actuated by any feelings but those which ever
operate on the mind of an honest man or a censcien-
tious Judge, and without any fear, except of being
mistaken its his view of the case ; and if he erred, he
had the consolation of knowing there was an appeal
to a higher tribunal, and if they over-ruled his judg-
ment, they would give him credit for the purity of
his intentions.. He would to-morrow or Wednesday
give his final judgment in the case.
COURT OF KING'S BENCH. JUNE et.
BANK OF ENGLAND.
BROOK C. waavricx.
This was a case of the utmost. importance to the
public, as it respects the power assumed by the Bank
of England, of impounding Bank-notes supposed to
be forgeries. It was an action by a respectable pawn-
broker residing in Holborn, against the defendant,
an inspector of Bank-notes to the Bank of England,
for falsely, maliciously, and without any reasonable.
or probable cause, charging the plaintiff with fele-
niously having in his possession a certain false and'
forged Bank of England note for the payment clone
pound, whereby the plaintiff was imprisoned for the
space of twenty-four hours.
The case of the plaintiff was conducted by Mr.
SCARLET?, Mr. BRODERICK, and Mr. CHITTY.
The case opened on the part of the plaintiff
.was
this :—On the 2Stlrof December, ISIS, the &fan-
dant came to the plaintiff's shop, and produced a
forged Bank note, and asked him if he knew any
thing of it? The plaintiff immediately recognized
it as one which he had received in the course of his
business from a person named Gaubold, and had
passed away to a Mrs. Bull. He gave every infor-
mation in his power upon the subject, and offered to
go with the defendantto the different persons through
whose hands it had passed. The defendant accom-
panied him to Mrs. Bull, to whom the plaintiff gave,
another note in lieu, and she also gave every infor-
mation upon the subject ; and upon their return to
the plaintiff's shop, the defendant insisted upon the
former giving up the note, but he peremptorily re-
fused, saying teat he should keep it for the purpose
if tracing it. The defendant then said, that if the
note was not delivered up, he shotild apply to a Ma-
gistrate, and charge him with a felony ; but the
plaintiff. still persisted in keeping possession of the
note. The defendant went away, and in the course
of the evening the plaintiff received a summons to
appear before Mr. Baker, the Magistrate of Hatton
Garden Office, the next morning, to answer to a
charge of felony. Mat morning he accordingly
peared, and upon the investigation of the case, Ile
was committed by the Magistrate to Clerkenweit
prison on a charge of felOny, but the next day was
liberated, the plaintiff consenting to leave the note in
Mr. Biker's hands, to be forthcoming when called
for. The Magistrate had offered to admit the plain-
tiff to ban, hut he peremptorily refused to compro
mise the matter in that way, and insisted upon going'
to prison, if the Magistrate thought his duty called
upon him to proceed to that extremity. No proceed--
iags were afterwards taken against the plaintiff, and
the present action was brought by him to recover da-
mages for false imprisonment.
On the opening of the case, Lord ELLEKROROUOII
intimated a clear opinion that the defendant had ac-
ted erroneously, and strongly recommended that the
plaintiff should have a verdict with nominal da-
mages, in eider to avoid a discussion, which Might
be a ttennnd with unpleasant consequences to the Bank
of England.
SCARLETT expressed his readiness to acquiesce
in this suggestion, but
Mr. TOPPING (with whom were Mr. GURNEY and
Mr. Serjeant Bosa sunny) expressed his deiermina-
tion to go through with the case, stating that the
whole of the facts were not disclosed.
The cause then proceeded, but the facts were in no
degree varied by the evidence called.
lie witnesses examined were, John Bennett, the
- plaintiff's shopman ; Mrs. Bull, one cf the persons
through whose hands the note had passed ; and Ho-
bert Baker, Esq. the Magistrate.
Lord ELLENROROUCII, in the course of the cause,
repeatedly intimated his opinion, that there was no
pretence for the conduct observed towards the plain-
tirL Ibis Lordship on one occasion said---,‘ The sole
question seems here to be, Whether we are to assert
the rights and liberties of the people, rather than that
a Clerk of the Bank should be found to be in the
wrong ?"—On another occasion, his Lordship said,
" I think the commitment in this case is unfounded
in law; and the man who urges a commitment under
the circumstances of this case is crassa iffonorindia,
and that is malice."
Both of these observations produced involuntary
burst,: of applause from the spectators.
, William Beeby, Assistant-gaoler at Clerkenwell
Pi i;an, p:oved that the plaintiff was confined in that
prison from five o'clock in the afternoon of one day
until one o'clock the next day.
Mr. TOPPING went to the Jury with considerable
ability, upon the question, Whether there was any
pretence for saying that the defendant had in this case
acted maliciously, and without any probable cause?
' He contended, that as the defendant bad acted upon
the advice of the Magistrate he was not answerable
fur the consequences.
Lord Eccesattitoucit, in his charge to the Jury,
reiterated the opinions he had'previously expressed ;
but cautioned them against giving intemperate or
vindictive damages.
• The Jury, :diet a few minutes' consideration, found
for the plaintiff—Damages, Fifty Pounds.