The Statesman.
London, England, 1809-07-03 00:00:00

:LLIGENCE.

COURT OF KING'S BENCIf.

Saturday, July 1.
ITTTISGS scroßß LORD aLLL:Nsoßoccir, T

riCEVIINSTER HALL.
THE KING T. THE EAU!, OY PORTMORE.
- This was an indictment for nut repairing a
bridge over toe river Wye, in the county of Sur-
rey. The only question was, whether the Noble
Earl or the County was bound to do so? And
.after a po.l (Iva' of evidence, as to the usage for
sixty years, the latter was fonnd to be the case,
and therefore the Jury pronounced a verdict of—
Not Guilty.
LIBERTY OF THE SUBJECT.
111APIN r. SIX CHIRIbTOPUER D.t TNES,—DIL BURGH,
EA. AND PERRY, 13Q•

Mr, PARK opened this 'we, which he said was
'very ditieren• from that of yesterday against Mr.
C mint, the Nlagistrate, and Would have, he be.
1k ,eel, a Tory oifferent resnit. It was an action
fur the false iinpris ounent of the Plaintiff, by Mr.
De Burgh, Sir Chrivtophcr Baynes, and Mr.
P 4 rry, three 11.4,4,strates of the County of Mid.
'glace', siltin4 st the` iessions at Uxbridge, is Oe..
'tuber 14.4. The Plaintiff was the son of a horse.
• dealt 4., ae Hounslow ; way driving with his horse
and cart, he riding on the shaft, and they were
overturned ; and lie ill treated the hone, for
which he was inobj4 to a uric of ten shillings, by.
Ac f Parliament • but, instead of taking the one,
- -

. these Magistrates had sent him on hoard the ten-
der, ,rhenee he was r inveyed to the Nore, and
was k:.pt for aoout five weeks, and until he was
liberated by [habeas Corium Mr. Park said he
w:ii ate olvocate fur submission to the authority
'of Magistrates, supreme and subordinate; bnt this
was a .canton CX C 1268 of authority, the like to
...which ne had never witnessed for the thirty years
be had attended the Bar; and fur which he called
for serious damages, for the protection of the li-
berty of the subject.
Mr. Arkins.oi, a farmer, and friend to the Plain.
tiff's father, was before these Magistrates at the
.Betsiou,; wnere Mr. Dc Burgh stated, that this
young man, Sapin, was riding on the shaft of his
cart ; was drawn by owe horse; and, through the
lad's ()en mismanagement, the horse fell, and then
he beat him with cruelty ; by wtmieh, as he was
•eisling on the shaft, he had incurred the penalty of
ten shilliitgs by the Act of Parliament; and tho
young man was brought before them for this of.
The money was put down at one time,
'but they toll him he might take it up, and he
must be sent to the rage, and taken from thence
to the Tender. On this, both the young nian
and•his friend, the witness, said they hoped the
Alagistrates would be pleased to mitigate.their gen-
.teitee, and not scud him to the rage;_ that they.
would pay the fine, whatever it was. The Magis-
trates uclesed (I .11 both out, and ordered the
Pt).ntill to be taken to the cage, where he NO
'kept secure. The witness was kept out about an
.hoes wet a half; he was then admitted, and all the
Magivratei were still on the Bench ; that is, Mr.
Bargh, Sir Christopher Baynes, and Mr.
Pear). The witness that the
.young man
•was sorry to wnat he had done, and hoped they
Would mitigate their order; and thatite was ready
to pay ahoy " And I," said the witness,
" wiold be bound fot him, for any sum which
they would require. At the time I made this
oir.r. the yottit4 man *as in the cage, a 41 had
beet. for an hour and a half. I stated to them,
that taeyoung man eas tnen in the cage, but I
boped they would note.ate their order, and let
him home wi.h toe; tor that I %sould pay any
fine, and he boiie•l far los future good behaviour.
Mr. De- Be:gh made answer, It was done by the
whole Benet, and it could not be altered ; and
this was in the hearing .if the whole Benchi for
they were then sitting .ill together. Mr. Perry
laid, he should go on board tne Tender, and go
to sea. I told them, that he hail good friends, and
than it t. wild be a great deal of trouble to get him
back again. Mr. De Burgh said, I had been to
alford, an attorney, to acquire that know-,
ledge, how to get him back; and that fur my j
pains, it would cost me a pretty expence. S 1)5
he, ' What a pretty espence the lawyer will bring
you in for it, if you do!' And then asidi that 1,1
;flight go home, for that he should go on board the
Tender. On which I went home; but first went
to the young man, and told him that he must go
on board the Tender, and that I should go to his
friend+. keening it was in my road. I afterwards
made an affidavit of the facts before my Lord El.
lenborough."
John Watts, a constable, proved the taking
this young man to tite cage, and of his being
kept Ahem for about an hour arid a half, and
then hand-cuffed by order of the other consta-
ble, and then, by order of these Justices; taken
on h.i/r,l the Enterprise Tender, then lying off
the Tower.

Captain Richbell, who commanded the Enter.
prise, off the Tower, proved this young man, the
Plaintiff !lapin,. was brought to him On the even.
ing of the 17th of October last; remained under
his can• until about the 22J, when he was sent to
the Nore, to Admiral Wells, whither they arc
sent fiotn the Tender as fast is possible. There
are no beds fur them on hoard the Tender.
Lieutenant Antrim recased this young man at
Deptford, in whose mre he was a few days, and
theme he was sent to the Ceres at the More, and
where, it appeared, he• was kept until the V2th of
November, and then discharged by Habeas Car.
pas.
Mr. GARROW said, he was very much concern-
ed for these hlegistrates, fur whom he was Coup.
see, but whoa' ho could nut defend against a ver.
diet in this case ; and it would only be to their
disadvantage to try to justify their conduct in this
in,tatice, however respectable they might be in
their general character. TKey had certainly miss
taken the law in this case; the truth was, tit tt tbw
• young n►an was (trifler, his cart in such a manner
. as.to endanger his own life and the lives of others
u(•his Majesty's subjects. 'rho horse had falizo,
and he bad ill-treatyel the animal for that which was
the effect of his owe fault, amid was therefore a
proper subject of iliimadrcoicui) and (eight have