The Statesman.
London, England, 1810-05-01 00:00:00

YOEIC ASSIZES.

•• • .

BAILS V. G. Z. DI MM.% GINT.
This action, for false imprisonment, tau tried
br•forc Mr. Baron TuoursoN, at the Lent Assi.
zes for the couuty of York, ou Tuesday, the

13th instant.
Mr. ierjeant CoceeLL, in an eloquent and im.
pressive speech to the Jury, bCgan by observing,
that he had no doubt but that, on hearing the cir-
cumstances of the case, and the hardship and op.
pressisso under which Mr. Harle had laboured,
through the malignant and vicious conduct of Dies.
dale, they would award considerable damages.;
and that, unless he received at their hands com.
pensation for a most serious injury, that of being
fal-ely imprisoned, lie was ruined and oilstone for
ever. The plaintiff, he said, was a young man,
of the profession of the law, of gond character,
and a mass of integrity, but vs ithout
The defendant, Dinsdale, was a Gentleman in the
sante profession, and a mass of considerable for-
tune. Nosdale being engags;sl in other pursuits,
having entered un the tett, and in horse-racing, iu
the year 1803 applied to the plaintiff to become a
partner with him, in consideration of his paying,
or securing to him, the sum of 3001. The plain.
tiff acceded to this propositiiin (unfortunately, he
might say, fur him), and became Mr. Dinsilale's.
partner. They commenced partnership accord-
ingly, which, by their articles, was to continue
for (ounce's years ; they practised Lgether till
August, 180/3, when Mr. Diesdale absented him.
self from his i.rofession (the business of which had
been iticreas.al through the industry and exertions
of Mr. Hark), in pursuits totally unconnected
and isscompatible with Isis professional engage-
ments, neglected to take out his certificate to prat.
tire as an attorney, fruits the month a& August
1848, to February 1809, and refused to tend any
assistance whatever to Mr. hark. Mr. Rade,
dissatisfied with Mr. Dinsdale's conduct, told him
sisould no longer consider him his partner.—
What did Mr. Dinsdale, on hearing this, do ?
Why, it could scarcely be imagined, when he said,
that, actuated by the most hateful malice that ever
disgraced a man, ho made an affidavit for I'2ool.
atel-upwards, caused a writ to he issued thereon,
directed to the Sheriff of Yorkshire; on the 10th
of \lay, 1809, the warrant was granted to arrest
Mr. Hark ; and, on the 13th of May <the return
day of it) he sent for a bailiff, and told.. him • that
the warrant was returnable, but said to the bailiff,
it‘ You must stay all night ; by the morrow's post
1 expect another, and or the .morrow you arc to
arrest Mr. Berle." The morrow comes : what
did Mr. Dinsdale do ? It could scarcely bo be.
lieved. He sent one Jacob Walton, his clerk,
with rte very same warrant that was returnable the
day before, to the sante officer, and desired him
to tell the officer to arrest Mr. Hark upon it ; the
of refused, and reprimanded this Jacob %Val. I
ton, for attempting to deceive an officer. that
did Mr. Dinsdale after this do ? He tent two days
after to Ridley, another officer, and one of the
defehilants in this cause, and put the same warrant
into his hands. ItitUey went to arrest Mr. Hark
at his own house; he, poor fellow, expressed his
surprise, and said, with a heart almost broken at
the idea of his character being ruined. by belie
-dragged to a miserable gaol in his own neighbour.
hood, " Du you come to arrest me at Mr. Dun•
dale's suit fur 12001. ?--let me see the warrant."
He told the 01114 it was out of date, and adrjsetl
liileao go to Dirradale and get some indemnity, bo.,
fore he took limb gaol ; endeavoured to convince
Ridley of the ilkgality of the arrest, by producing
his 'Term Tahle. Willey was advised,. and went
hack to Diesdele. Diudsdale said, " the warrant
Is 'retold of date," and producedsome b,ork town.
three him the warrant was right. " New," eald
the Serjeassr, " could it be believed that Dihs►
dale did not know, wheu he hall been told.thit
the warrant had been out of date thet;e Itays, bee
fore, and on that account a former officer had ve.
fused to execute it ? Nu thie was hurt Sufficient-
for air. Elinsdale, ho must go further ; he insisted
that the warrant was right, and to gaol Mr. Hide
oust go, whether right or wrong, and tin reby
have his charadter and credit as a professional man
filitiutl fur ever." Ile obits consequence taken to
a most miserable prison in the neighbourhood of
and detained there 12 days; most
falsely imprisoned at Mr. liinsdale'sluit, and no
otherperson'e; Brs.mre, who was the Deputy
Chief Bailiff to the Duke of Leeds, in whose dis.
trict Hark was arrested, sent for Mr. Diossitale,
ithd told him the arrest was illegal, amid advised
him to release Mr. Hark. Mr. Dinsdale said,
46 Yo, he shall be kept there, and he would
sp6ild one half of his fortune sooner than he 'bertld
be released." Mr. Breare finding Mr. Dinsdale
actuated by malice, And determined on the ruin
of Mr. Harle, sent to town for advice; and as
soon as he received it, released him, without any
furtherrommunication with Mr. Dinsdale on the
subject, on the 29th of. May. " Now," ob.
served. the serjeant, any person must km/w,
with one grain of understanding, that the law
will not allow one partner to arrest another ; and
Mr. Dinsdale knew so too ;. " but no," says he,
66 I'must, and I am determined to arrest Mr.
Hale. I know he has no fortune, I will' ruin
him in. his professional capacity, sad ,to gaol he
shall go." 46 But thank God," said the Learned
6,•rjeant, 44 thank God, thatwe Wave Courts of
Justice open to u 5. at all times, to which our
British Constitution suffers us to appeals in cases
of this nature; and I hope that through the
Jury, Mr. Ilarle will receive a compensation
for the must serious injury ever—snatained b.)
man."
Witnesses were called on the part of rfnePtaite.
tiff, and the sass' way pros', d to the satisfaction of
the Jury, who were addressed in the most able
manner by Mr. Rarer" on the.part of the .Defek
dant, anal after a most impartial charge' Frain tt
Judgv, they retired, and. brought in a verdict f
the plaintiff, with damages-5001

A Message from the CuAnces.r.oa Of the L.
cntoota, respecting the. Wended Lou, ~is daily
expected in the, Money Market. Tbeotot "jet.
ed, it is supposed, will be 12.milliont. •