Star.
London, England, 1829-01-09 00:00:00

LAW INTELLIGENCE.

--....-
COURT OF KING'S BENCH, J& S.

DA/lAN V. EIR W. LUNLICT.
Mr. ALDERSON opened the pleadings in this cafe,
stating that it was an action to recover compensation in
damages from Sir William Lumley, Governor of Ber-
muda, for falsely imprisoning Bedlam, the plaintiff, and
James Till, two of the Churchwardens of the parish of
St. George's, Bermuda, in 1820.
Sir J. SCARLET? stated the case to the Jury. The
plaintiff in this action was a highly respectable resident
in the island of Bermuda, and had for many years lived
in that colony. At Easter, in 1820,
.he had been ap-
pointed churchwarden of the parish of St. George, in that
island, for one year. The churchwardens had always
been accustomed to render an account to the vestry SO
cloys after the year for which they held office:but on this
occasion, in consequence of a very malignant fever brav-
ing prevailed in the island, 60 days bad been allowed by
the vestry, to whom alone the Churchwardens were ac-
countable fcr the preparation of their accounts ; but,
before the capitation of that period, a meeting of the
Vestry was summoned, at which the present defendant,
who was then Governor-General of the island, attended
and took the chair. He should previously have stated,
that some squabbling had taken place in the parish
respecting the amount of the rates. At that meeting
of the Vestry, which took place on the 21st of July,
1821, the plaintiff did not attend, but was occupied
in his busine.s as an auctioneer, in the sale of some
property. The defendant sent a constable of the
name of Atkins for the plaintiff, who refused to at-
tend. He then again sent &kips with a warrant,
with two soldiers of the garrison, to assist him in en-
forcing it. He was then taken into custody beta re de-
fentiact. who was then in the vestry-room. The de-
fendant then desired the plailtiff to give up his accounts
as churchwarden. The plaintiff answered that the
vestry had allowed a certain time for the preparation
cf their accounts, namely 60 days, which had not }et
expired, and added that many persons in the parish
had not then paid in their assessments; and until that
took place the accounts could not be settled. He also
remarked that it was not in the power of the Governor
to enforce the settlement of the accounts of the church-

wardens, as they were accountable only to the vestry
of the palish Sir William Lumley then said. that it
the acccounts were not produced immediately be
would commit the churchwardens twjail, from whence
no power on earth could free them. They again
stated that it was not in their power to do so. The
defendant then gave the constable Atkins a warrant,
and ordered flint to take them to the jail, and remarked
that "he would send them to jail, where they might
lie and rot until they gave up their accounts." At first
the plaintiff was treated with some degree of lenity ; but
afterwards all access of his friends was precluded before
sunrise and after 'onset. The room in which the plaintiff
wis confined was in a very dirty state. He was detained
in this prison until the Ist of Ang. when he presented his
accounts to the Vestry, and they were passed. The plain-
tiff, after having been treated with such marked injustice,
and imprisoned in such an illegal manner, brought an ac-
tion in the chief court of the Colony against the Go-
vernor of the jail. The verdict in this action was
five hundred pounds damages for the plaint ff, Mr.,
Bashes*. Before, howeser, judgment could be entered
in this case, the present defendant, as Governor of the
Colony, issued a suit to Mr. Barham, under the seal of
the Court of Chancery of the Wane, enjoining him to
stay all proceedings against the then defendant—the
jailer. By this conduct he was guilty of a most violent
and illegal stretch of power. and had done that which
no Court of Justice in the British dominions was en-
titled to do. He bad made himself a judge in his own
cause, and had exetesed the power of the Court of
Ju lice over which he presided as Governor of the
island, in a manner which was a violation of all the
appearances of justice. The day his, however, at last
come wh. n this Governor had to answer for his con-
duct, and he t usted the Jury would read a lesson, as
well to the defendant as to all n.i.itary Governors of
Colonies—to show Sir William Lumley, as w ell as Other
military Officers, that si.ilitary controul was not to be
exercised over persons in civil situations w.th impunity.
He had no doubt, from t'le evidence which he should
produce, that the Jury, by their damages, would mark
the sense which they entertained of the injury which bad
been done his client.

The deposition of John Till, who was examined
before a Commission, was then read. It stated th..t he
knew both the present plaintiff and defendant. li
former was an auctioneer, and the latter the Goes nor
of the Island. In the year 1820-1. Mr. 13. sham vas
Churchwarden of the parish of St. George. It was
the custom in the parish for Churchwardens to give in
their accounts to the Vestry at the end cf thirty days,
but in consequence of a fever having prevailed in the
Island, sixty days were aUowed by the Vestry before
Mt. Basham and his colleague Mr. James Till were to
give in their accounts. There were some dissensions in
she Island at the time. On the 17th of July, 1821. he
was present at a Vestry Meeting which had been sum-
mimed for that day in St.George'sChurch. The defend-
ant was there, and had taken the chair when deponent
arrived. Shortly after wards the plaintiff was brought in
the custody of u constable of the name of Atkins to the

Vestry. The defendant, Sir W. Lumley, then de.ired
Mr.B.to prepare his accounts and deliter them up imme-
diately. The plaintiff replied he had been allowed a cer-
tain time by theVe,try,to whom he was accountable, for
. the preparation of his accounts, and that the time was
mulct expired, and moreover that he was not arswerable
to the Governor for bis accounts. The defendant ap-
peared very angry, and replied, " As he refused to give
sap bis accounts, he would send him to the negro jail

•
without bail, from whence no power on earth could
liberate him, and that he should lie there and rot until
he gave his account.." The defendant then gave a
warrant to the constable Atkins, who took the plaintiff
in custody to the negro jail. He was accompanied by
a file of soldiers of the 60th Regiment. Deponent saw
plaintiff several times in the jail, who was confined there
until the lit of August. The deponent only remembers
one instance of a white man being confined in the negro
jail. The jail was in a very dirty state. He bad never
known a Churchwarden in Bermuda give accounts to
any but the Vestry. The Governor had no power on
the subject according to deponent's belief.
Several other depositions of witnesses, at Bermuda,
were then read in corroboration of the Learned Coun-
sel's statement. _ _

He then called W. Winslow, who also spoke to the'
apprehension, and the threats of the Governer.
John M'Cracken was then called—He is at present
a Magistrate of Essex, and had been a member of the
vestry of the parish of St. George for from 16 to 18
years, and had never known a Governor interfere with
the affairs of the vestry before this occasion. The Go-
vernor had acted as Ordinary of the island, granting
probates, administration', and marriage licences. The
Justices of the Peace were appointed by the Governor
and Council; the Chaplain of the garrison is appointed
by the Governor. From the year 1783 to 1807 had
never known but one white man imprisoned at St
George's gaol for debt, and another for murder. None
others but negroes had ever been confined there.
The warrant issued by the defendant as Governor of
the Colony, in the Court of Chancery in the island,
commanding the present plaintiff, under the penalty of
1,0001. to stay all proceedings against the gaoler and
constable, was then put in and read.
Two persons were also examined, one of whom con-
firmed the evidence in the depositions; and the other
spoke to the custom of the country with respect to
vestries, and to imprisonment of white persons in the
negro gaol.
The Act of the Local Legislature respecting vestries
was then put in and read.
This closed the case for the plaintiff.
The SOLICITOR-GENERAL then addressed the Jury
for the defence. He contended that the Governor had
a right, as Ordinary of the Island, to interfere when
Churchwardens had neglected their duty. He believed
that be should prove to them that the Governor was fully
and clear ly justified in following the course he did.but he
certainly should prove most satisfactorily that the Gove-
rnor bad acted under the full conviction of having done
his duty and no more. After tracing the authority of
the Ordinary from an early date, the Learned Counsel
contended that by a Colonial Act, passed for the island,
no Vestry Meeting could be legal unless the Rector
was present. The Meeting which granted the sixty
days to the Churchwardens was therefore nugatory,
and the proceedings illegal, the Rector not having been
present. It bad been represented to the Governor that
the Churchwardens were likely to apply, or rather mis-
apply, the amount of the parish money in their hands,
to the purposes for which it had been voted by an il-
legal Vestry Meeting. The Churchwardens refused to
give up the balance remaining in their hands, which
they could have no right to retain, their year of office
having expired. They refused to do so, and the Go-
vernor felt himself called upon, for the sake of order
and tranquillity and the security of the parish funds, to
exercise his office of Ordinary. After having given due
notice to Churcbwat dens that the Vestry Meeting which
had granted them the term of sixty days was illegal,
even then he did not act till alter a requisition had been
presented to him from the Rector and new Church-
ardens, calling on him to do his duty.
Evidence in support of the defendant's case was then
read from the depositions taken by a Commission at
Bermuda. It appeared that Sir William Lumley di-
rected the constable to bring the plaintiff to the vestry
on the 17th of July, but no orders were given to take
soldiers ; the constable took the soldiers to enforce the
Governor's order upon his own authority. When the
defendant sent the plaintiff to gaol, he was requested
in a mild manner to give up his accounts, and thereby
avoid committal.

Sir JAMES Scaar.arr, in reply, contended that the
defendant had no legal authority to act as Ordinary of
the Island, and that his conduct had been most oppres-
sive. It was the case of a British subject resisting an
illegal order ; and the Jury, with a knowledge of all
that the plaintiff had suffered, could not withhold da-
mages sufficient to defray the expenses incurred, and
prove a compensation for the injury sustained by an
undue exercise of authority.
Lord Tan Taiwan, in his address to the Jury, said.
the action was brought against Sir Wm. Lumley, the
Givernot of Bermuda, to recover damages for assault
and imprisonment. The plaintiff complained that, on
the 17th of July last, he was brought by order of the
defendant to the Church of St. George. where he found
the defendant and others assembled in Vestry. There,
by order of the- defendant, be was committed to
gaol, and remained in custody until the 27th day of
August. The defendant justified by saying, that being
Governor of the Island, and acting as Ordinary, he,
in 'the execution of that office, was authorised to do as
he had done. Some discussion had arisen on the ques-
tion whether the defendant was justified in holding
the office of Ordinary. His Lordship did not consider
himself called upon to give a decided opinion on . that
point, but he rather thought from the evidence that the
Governor had such authority. There was one Act of Par-
liament passed in Bermuda in which tl e manner of cur-
dling the jurisdiction of the Bishop had been regulated.
Another Act prescribed the measures to be taken by
Government in cases belonging to the jurisdiction of the
Ordinary. The defendant, granted letters of administra-
tirni, aid if he had no authority to do so, all must be void.
But it did not appear necessary that he should give a de-
cided opinion on the subject.S.ipposing the defendant had
all the authority which belonged to Ecclesiastical Judges,
and that the Ordinary had authority over the church.
wardens, ever) intro who had that authority must exercise
•t according to law. The matter for the consideration of
the Jury would be the amount of damages. Looking to
the'whOle of the eridence, his Lordship teliesed the de-
fenslant thought he had the authority he claimed. The
facts were these—There were parish accounts relating
,to the preparation of a memorial to be, sent to Govern-
ment respecting the conduct of the, Giverbor. They
were to be ch irge d on tht parish, and a Meeting was
held in. the Vestry without thelkector. It was not there-
foie legal. The plaintiff, who was, one pf the latiChtuch.
wardens, had 60 days alloweif to render bia accounts.
The defendant, as (3 ,remol, interposed, and it certainly
did appear that the interposition w4s his own ect,because
he sent a letter on the 11th of June, in stkch lie de
claied.that the all,wa.oce. of the sums was illegal, Ansi
thathe would send to prison any person who refused to.
obey his orders. Usifortunately for the defendant, the
items he opptised were items of charge in a matter re-,
lating to hirnielf.They were expenses inCirrreclby bring
ing soldiers into the Church. Being deter mined..in
own milid that these charges should not be
,'alloWed,
and that he would compel the old Churchwardens to

• *. 9
hand over their books and pores to the near Church-
wardens, he went to the Church at the Vestry Stetting.
In the mean time a man named Taylor, the nevrChurch-
warden, demanded to have the books passed over to
him, and on the 17th July made affidavit that they had
been refused by the plaintiff. On the same day the de-
fendant sent a citation to the plaintiff to attend him as
the Ordinary. The plaintiff said he could not, and a
constable was sent to force his aprearance. The con-
stable took with him a corporal and two privates to
enforce the orders ri the Governor. They compelled him
to come to the meeting, and he was exhorted to hand
over the papers and accounts. The plaintiff at the same
time was advised by several p.esent not to give in, and
he refused. He said he bad 60 days to tender his accounts.
The defendant, who had brought a warrant in his
pocket, signed it, and the plaintiff was taken to prison.
During some days the gaoler was in the habit of al-
lowing him to go home at night to his family, but ore
Morning, when he was returning to prison, he was seen,
and an order was then issued by the Governor for no
one to be let out of the prison between sunset and sun-
rise. These were acts which it e law would not allow.
Before a person could be brought before an Ecclesiasti-
cal Judge, a legal citation must be served, and excom
munication follow, before a writ is sued out from the
Court of Common Law to deprive him of liberty. There
was no ground on which the defendant could justify the
imprisonment. With regard to damages, the Jury
should recollect that the plaintiff brought an action
against the gaoler, and recovered damages. A writ of
error was then filed, and the defendant finally is ued an
injunction to suspend the plaintiff's proceedings. The
consequence was, that the judgment was never 'era
vered. The verdict must be for the plaintiff, and the
question of damages was for the consideration of the
Jury. His Lordship concluded by recommending a
temperate verdict.
The Jnry, after some consideration, returned a ver-
dict for the plaintiff—Damapes 1,0001.

WESTMINSTER SESSIONS, JAN. 8.

The Sessions commenced yeste,day morning, before
F. Cows; EA. and a Bench of Magistrates.
After the usual preliminary busir.ess,
Mr. C. PHILLIPS was heard on the part of certain
inhabitants of the Vausball Bridge toad, again.t w hom
a distress had been levied for the pa) ment of watching
and lighting rates. The rates had been levied under
Lord Grosvenor's Act, and payment was twisted on
the ground that the road was nut within the jurisdiction
of the Trustees.

After a good deal of uninteresting discussior, a de.
cision was given in favour of Lord Gtos•enor, the inha-
bitants compounding by paying 2(h. instead of 91. the
amount claimed.

POLICE INTELLIGENCE.
GUILDHALL

Canner ro Anaus.a.—Juba Tborsby, one of the eMeersof the
Society, c►arged the driver of Peter Wheat's cart, Dana ennoty,
with brutally kicking on the head, and beating with the handle of
a whip, a poor starved looking hone, which hdd apparently fdlltn
to the ground from esbauetlen, under a heavily loaded cart of
mortar, near Hoorlields. Thonby said the bone groaned piteously
from the ill treatment, and Crooey was very insolent.
Cramp said, that be bad occasion to go up an alley on the day In
question, and soon atter be left his cart be heard the hone make a
noise, and be returned immediately, and found that the animal had
clashed itself in the collar, and had fallen. He only used the whip,
and took other necessary steps to get it upon its legs again.
Alderman—But you keep a starved horse that is not At for your
hard work.

Crony.—Tbe officer said it was starved, and all that I said,
your Worship, was, you are not very fat yourselL But the hone
was not our own, we bad only borrowed it for a day or two.
Alderman—What did you feed him on during that day or two?
Croney—Hay and chaff was the best that we could afford him,
and be had plenty of that.
Alderman--You know you ought to give it corn.
—Aye, and I ought to have corn myself; but I cannot
getCh7en2for my family.
This was the last lash of Crony's jocularity, for, on being in-
formed of the eztent of the penalty incurred, he shed tears in
profusion, and said he had not aviary to get his family bread.
" Never mind, father, don't cry," said a girl who stood at his el-
bow. In consideration of his contrition and puveny, the Alder.
man let him off for the expense of the summons, and gave him an
_admonition.

•
A decently dressed woman, named Mary Ilehteas, was brought
before Mr. Alderman AMOLST yesterday under the following charge.
Mr. Butcher, the managing agent at Messrs. Broughant's wholesale
carpet warehouse, in Skinner-street, stated that the prisoner's hus-
band bad been employed by the Arm as a porter about four years.
Latterly various articles bad been missed from the premises, and
the porter being tatted with having taken sway some of them. con-
fessed be had done so, and brought them back. Two pair of win-
dow curtains were missed sibsequently, and the porter was ques-
tioned about them as before, but be denied having taken them.
Mr. Botcher told him, that not withitaading this denial be suspected
him, and would send for an °Boer • upon which the porter began
crying, begged for mercy, and acknowledged he had pledged the
curtains at Mr: Reeves's, on-Snow-hill. He produced a sovereign,
and said, if Mr. Butcher would allow him to step home for the
depilate, he would redeem the articles instantly. Mr. Botcher.
however, persisted in sending fur a constable ; the constable re-
fused to attend, and the complainant was authorising an assistant
to & home with the potter, and search his lodging, when a ens-
touter entered : complainant's attention was distracted, and the
porter slipped out, and bad not been heard of since. His apart-
meat, in Ironmonger-street, St. Luke's, was searched soon after,
but the porter bad been home before the racer arrived, and
nothing remained to criminate him. Upon inquiry at the pawn-
broker's the curtains were discovered, and also a piece of carpeting,
pledged for 41. only two or three days previously. It had been
stolen from the warehouse, but bad not been missed. On Wednes-
day evening the prisoner attempted to redeem the curtains, and
was detained.

ptiso7wr said she was ordered by her husband to redeem the
curtains, and restore them to Mr. Butcher._ _ _

As there was Do doubt she was thelawftd wife of the porter,
the Alderman decided that the law would assume she acted under
the influence of her husband, and dismissed ber ; but directed the
money she was about to pay to the pawnbroker to be given to the
complainant.
ROW—STREET..
Yesterday a Gentleman from Lord Stafford waked upon Sir R.
Mania to know if he bad ascertained, at the Home Ogee, whether
the sentence of Mrs. Stamp Cooke Sutton had been commuted
through the interest of his Lordship, as stated by Capt. PettinghalL
Sir R. BIRKIII observed, that he bad made the necessary inquiry,
and from all that he could learn there vas no truth whatever in the
statement, and he believed that there was as little foundation foe
the other circumstances related by Captain Pettingball connected
with Lord Stafford and Mrs. Cooke.

The Goodman said that an affidavit was preparing which would
show the real facts, and completely exculpate Lord Stafford. He
then thanked Sir It Dirnia.and withdrew.
Not less than twenty-one individuals were brought forward in
one batch, In the course of the morning, charged with having been
found ima new dondeg and drinking assembly, opened last New
Year's day, by Grubb, of lash-house notoriety. The group pre-
sented a most motley appearance, the majority being females of a
certain class, decked out in all the finery of the ban-room; which,
however brilliant it aright have appeared by the of Mr.Grabb7s
chandeliers, seemed rather the worse for wear when eibibited in
the glare of day. The Ladies' ringlets were all as
wen as their dresses ; and the rouge which some of them used
to refresh the natural beauty of their cheeks, appeared in unseemly
patch.* which partook more of brick-dust than the colour of the
NH. • The pale prisoners consisted of some Mask gentlemen, old
customers of Grubb and Rowbottont, one or two disobedient ap-
prentices, a simple Gentleman from Yorkshire, the Captain of a
Liverpool trader, two or three Gentlemen at large, following no
particular . trade or g, and the three musicians employed by
Gridb to give motion to the light fantastic toes of his customers.
When called upon to say who they were, the Ladies lisped forth
their respective names, consiathls of the meal list of Louisa., Matil-
da, Angeline% &c.
• ma Pray, Sir." Walk% R. BIIUUZ to the lAverpool Cartel*, • what
y be your tamer
" I ens calip4Sameel Milne, Sir," replied the Captain. • Um
luckily for me, I came to London to speed the Christmas; went
to the cheater, and from these* to a house called Mother H.'s,
where, as a matter et course, t met with a female acquaintance, who

'attained me to Mr. Grubb's,to take e &Meg whiek, se a
I am instil; Wheel ibe estiotehlet hoarded us we intetigh,bsiestel
away to the watchlworw, and bum thence to your Wonbip's
sent* ; from which," added the Captain. asides " nay the Loa
deliver me!"
WelL-Sir. and what Is yeur name sad oast r asked the Mg,
sistrate, turning to another Centime&
" My [game, Sir. is AletanderSimpson,* repleti the Gentineee,
" I am a friend of Captain binge, and I reemidee that I have bat
very in.used."
Mood, the canker, here stated, that this Cattleman was the twat
obstreperous of the entire lot. Whom reemstod to ge dwilly tely
watchhouse, he kicked, .were; nd ranted. aid Imlay asecoadedis
wrenching a staff from an slicer Named Pasenow, sod was poles to
lay shoot him, but that be was overpowered.
Sir' It. Blame observed, that constables. Akers, sod Nagler:on
too, came in ..t times for a licking, If not with sticks sad ens%
with a weapon quite as dangerons, namely a goose quid An the,
bid to do, however, was to bear it patiently. and join in them
vin--(Loopistes). " And who are you, Sir r continued the Mai
giserat,. pursuing his inquiries, and addressing the Gisnikmess free
Yorkshire.
" Me, Sire be 'wiled, my same is John Jackets& I ham
come last from Yorkshire. and would beveled town for York HAI
morning, having paid £ for my seat, if I had not Indonesia* .
been locked up in the watchbouse."
Sir R. Banns observed, that be was sorry the Gentleman boa
lost his money, but there was now no help for it.
" Ala!" said Mr. Jackson, " that is the lightest pert of my Nos
tow, your Worship, for I have lost a young Lady who was to heed
accompanied me home, and who, of course, bas set of with/
out me."

---
I-
-14 am really sorry for your amble loss," said the Magistratei
" bet I hope this lesson will make you more cautious."
The neat persoo was K ilium Had, a livery sethle-keeper, soy
merely said that be was seduced by the snood of the music ti
eater Grubb's assembly, where be declared be would never banal
again.
The rest of the males gave pretty nearly the same (ecount et
themselves; and after an admonition from the Magistrate they
were ail discharged, op..n entering Into their respective r4ogni.
saner, terneet any charge that may be preferred against them at
the sessions.

Sir R. Bann declared that his object was to abate the aslosse
of Grubb's establishment.

HATTON—GARDEN.
An Balmy Venvon.—Yesterdaybiam Shin*ler, a tailor, was
charged with assaulting Sarah Mills. The complainant, a dumpy,
but rather well looking little body, deposed that she lodged in tie
defendant's house, Rid Lion-bill, Hampateatl. About three (Mode
on New-year's morning she was awoke by the defendant being fa
bet room, and putting his hand under the citoluts. tier husband,
a sickly man, who was lying by b-r skie, got up, and was abaft
to strike the defendant with the poker, but be made his escape.
The complainant added, that she never allowed the defendant to
take the slightest liberties with her upon any previous occasion.
The defendant denied the chaste, and said be was nut at home
from right o'clock on New-year's eve until eight o'cluck the ful.
lowing morning.
The Alagisttate having ascertained from the complainant that
she could not have been mistaken as to the defendant's identity,
lined the poor tailor 40s. and costs, which not being paid, he was
locked up.

UN lON-HALL.
Jaws Junket was yesterday charged on sospkion of dealing tms
colts, the property of a Jr.l Whitehead, of Addington. la K-M.
A person named Brat was coueiceed at the last Assizes for Lewes,
with whom the prisoner is said to have been in company, when die
rubbery was committed. The prisoner was fully committed.