The Statesman.
London, England, 1820-02-12 00:00:00

TOR KING AGAINST COOPER AND TWO OTHERS.

Dir. I.IoLLAND moved for a tole to 'hew cause why a
erituitial information should not he tiled against two
.1141ernien of the city of Canterbury, and a person named
I tarey.w, printer, for improperly destroying a hand-hill
%thick had been lahl before the Jinglers in support of an
information fotoitled upon the 39th lieu. 111. against
Lacey, upon an alleged *barge 6f printing the said
without his name and address thereto, as rr•
quired by the statute. This heing au re parer applica-
tion, we forbear entering into a detail of the Learned
Counsel's statement.

The CoraT granted 3 rule to 'heir rause. .
The Court sat until a very late hour in the evening.

COURT OF. COMMON PLEAS, FEN. 11.

■ALIORD v. DILLON.

Mr. Serjeant Pau. said, he was ander the Iligagrreable
meressity of moving a rule to show cause why attach-
ment should not issne against Sir Williain Parker, Mr.
Appleyard, Messrs. Nicholson and Bovilell, his clerks,
awl Eduard, and Baker, the fornser a police officer, the
_latter a constable, fora gross contempt of the authority
of this Court, committed by then, in originating and exe-
cuting an arrest on the defendant iu this s•ause. It ap-
peared by the affidavits of Mr. Dillon, that hat int; yes-
terday finished his argument in ..iipport of a rut, (or a
new trial, he had, after takiug some refreshment, pro-
ceeded to the house of his attorney ill John-sir:et,
Wilford-row, in order to arrange his papers ; and that
while he was thus occupied. Ise was arrested by Edwards
and Baker, on an attachment for nun-payment of costs
which were now in litigation. and notwithstanding his
)) nstrances, was taken off to a common lock-up
house, where he was detained during the night. aunt ou
being brought before Mr. Justice Bayley the next morn-
ing he was discharged. There was also an affidavit
of the son of kis solicitor, which corroborated them
facts. 1 •pon which, the Learned Serjeant submitted he
was entitled to the rule he prayed for. Boo—
ne OMIT observed, that this was a serious and im-
portant proceeding. the most penal that could Issue from
this Court, and therefore it was necessary that the ani-
das its should be store clear and precise than they were ;
that they should state at what time 31r. Dittos. left the
Court, where his residence in Loudon was, how long he
staid at Isis solicitor's, whether his solicitor's house was
ill the road to his own residence, and why he had not
applied to a Judge of this Court as the matter was pend-
ing here. They, therefore, directed that the affidavits
should be amended in this respect ; which being 'lone,
Mr. Serjeant lirs.coca (in the absence of Mr. Serjeant
Pell) brought forward the motion again for the consider-
ation of the Court. The amended affidavits stated, that
on concluding the argument, Mr. Dillon being in a state
of " profuse perspiration," was afraid to expose I self
to the cold air in the hall, and therefore remained in
Conn some time—that on his leas4ng Court lie went
into Ellis's Coffee-house to procure #illlP refreshment,
as he was much exhausted by his exertions, and that
shout tu o'clock he left in a hackney-coach for the re-
sidence of kis solicitor, accompanied by that gentleman
and his son—that his solicitor called at a house in the
Strand on business, whirls detained them souse minutes:
that afterwards that gi•titlemati left the coach at Chan-
eery-lane. unit that his son and Mr. Dillon then pro-
reetleil to John-street, Bedford-row, where sooa after his
arrival he was arrested, and bronflot in the evening to
•Serji ant's Inn ; that he demanded to be taken before Mr.
Justice Richardson. which Nicholson (Mr. Applryard's
'clerk) peremptorily refused, and n ttttttt ;soiled the filberts
•to take him before 111 r. Justice llotroyd, who adjonrued
the consisieratioa of the legality of the arrest until this
morning ; that he was then taken to Warwicktuurt, and
that on being brought up this morning, Mr. Justice
• Holley had discharged him, expressing Isis opinion that
Illsiarrest was not strictly legal.
The Coca?, on them amended affidavits, granted the
rule against Mr. Appleyarit and Nicholson, but refused it
as against Sir W. Parker, S. Iloydell, and the two officers,
: on the ground that it was not *hewn directly to be the
act of the first, who might act by his attorney's advice;
that nothing was proved materially to affect Lydell, and
that the officers were ignorant of any of the dream-
, stances. They also directed that there should be pee-
-1 sonal service of the rule as quickly as possible.

WILLIS r. PECKHAM.
This was an action brought by the plaintiff, to recover
compensation, as a witness, for fiis loss of time in attend-
ing a CRUMP tried in the Conn of King's Bench, in Mi-
chaelmas Term, 1t419, in which the present defendant
was plaintiff. The declaration stated a promise by the
defendant to pas• thiplaintiff fur his loss of shoe; and
the first witness called, who was the attorney for the
plaintiff in the cause, in the Kings's Bench, proved that
the witnesses had flitted on each bf the days they were in
attendance at the ex face of thelpreeent defendant ; that
they had required from him, as the attorney, recom-
pense for their time; and that he had promised to In-
clude their demands to his bill. It also appeared, that
the tests of the witnesses had been allowed on taxation,
by the Master in the Court of King's Bench, who ob-
served, that he allowed them as the expellees of the wit-
nesses, and not for their loss of time. Lord l'hiefJus-
lice Dallas,..whotriod the cause, told the Jury that the
demand was notAmial, and that the defendant's promise
was one made wiiheut eonsiAleration, and was therefore
The JoryOliowever, found a verdict for the plain.
tiff, damages oitiod gave as their reason, that the de-
fendant in thw foetnee motion-had paid the money to the
defendunt in 14er prreent cause, whom they considered
not entitled to•recantit. •
Serjeant Ilcm.itca hail on a fornwr day obtained

THE SIN

a role to *how cause why this verdict should nut be set
aside and a non•suit entered.
Mr. &skint Vauonss now atnempted to show cane,
but

The Coven. referred him to the cages of Moor v.
Adam. 5 ; Mettle and Selwyn, 156 ; and Luwry v. Double-
day. read he Lord Ellenhorongh in the roarer of the
'regiment there, where it wag held that none Ind 'mor-
tis* and medical gentlemen have a right to compensa-
tion—and made the rule absolute.