The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-28
LAUNDERING ENGLISH MAGISTRATES.
AN AMERICAN CITIZEN IMPRISONED IN ENG
IAND-AN ACTION AT Law AND HEAVY

AN AMERICAN CITIZEN IMPRISONED IN ENG
IAND-AN ACTION AT Law AND HEAVY
DAMAGES IN REDRESS
From the Liverpool Mercury July 1871
The case OF Ons vs.. Foulkes and others was
heard to-day before special jury.
Messrs Ginard, O. c. and Swetenham appeared
for the plaintiff, and Messrs. Mcintyre, O. c.. and
Higgins for the defendants This was an action
brought to recover damages for wrongful I'M
prisonment. The plaintiff, Mr.. Jacob Day OTIS 10
q citizen OF the United states, ana the defeneants
are Mr.. J. H. Foulkes and Captain Grifiths
Justices OF the peace for Denbighshire, and Mr.:
Bradshaw ", deputy constable or the same county.
It appeared that the plaintiff was formerly part
ner IN the firm or Messrs. LIE Grave & Co., New
York, house In the silk trade but ceased to be q
principal and afterward occupied the position Of
buyer to the firm. In April, 1872, ne obtained
payment OF salary and commission due. with the
determination Of coming over TO England. He
left New York In May, In company with Mr.. La
Grave, and sailed to Londonderry in the Allan
steamship HISTORIAN. On rival there they were
met upon the tender BY Mr.. Fraser, VINO
nected with the nTn OF Messrs. Mcdonald
Co., OF New York, with which house Mr.. lie Grave
mad done business; and tins Mr. Fraser lntimated
that he had a charge OF fraud to prefer against
hin. The plaintin went TO Dublin and the south
OF ireland. and afterward TO Great Malvern, wRere
he was informed his uncle ana aunt, Mr.. and Mrs.
Muligan, resided. On arrival at Malvern, ne was
TOLD that the Mullgans were lodging as hossett,
Denbishshlre. lie went to that place, ana WAS
arrested on the same night by Mr.. Bradshaw, who
confronted MIN WITH a ar. Cameron, whom he had
known IN New YORK, and WHO also locked him up
IN WreXnam without making charge against
before Mr.. FoulKes ana Captain Griffiths the
charge OF absConelng from New York vita prop
ery valued AZ f4O, 900 formerly belonging 70
Mr. lie Grave, who was alleged TO be bank
rupt, in bis possession. rne object OF bring
ing the plaintiff up was said to De tho
initiation OF proceedings under the extraditlOn
treaty. Alter a remand OF eight days MIR. Sweten-
nam who appeared TOT the plaintln, urged that
there was no extrsditlon treaty between the two
countries for such an Hence, and the plainun
was discharged His luggage was still detained,
and he was soon alterward reapprehende on
warrant, which was granted ON the application
OF Mr.. Pugh the solicitor to the prosecution, Tor
offence said to be committed III this country,
but which turned out to be on charge oil iraud
within the urlsdc ton OF the Court OF Bankruptcy
OF Now York, the particulars being that he had
obtained goods TO the value OF $500 by false pre-
fences. The plaintiff was taken TO London lot
the purpose OF being brought before Sir Thomas
extradlton to the United states; out alter being
detained at the Bow street police station until
evening, Mr.. Bradshaw came 10 him, said nc
bradshaw had been his Trend, and conducted
him TO a carriage, in which all his luggage was
packed and tod him to 60 to the Salutstion
Hotel, Westminster, as there would be no charge
preferred against him In the morning. The
and was told that he was at liberty, aud there
would DE no further charge against him,
In his cross,examinasion me plaintiff denied
600 on account of the firm OF Messrs. lie Grave
Co., knowing IL was lnsovent or that ne knew
HIS Iordsnip pointed out that 1t was clearly a
anime the plaintiff in the way they were aud said
tnat II he was In the position OF the gentlemen na
would apologize instead. Toe lErtaer hearing VI
the case was adjourned.
VERDICT FOR THE PLAINTIFF.
For the deieuce In the case oil OTIS Foulkes
aud Others, waleh was partially heard on Tues
day, Alr. bradshaw deputy chief constable OF Den
bighshire, one Of the DEFENDANTS, was examined
gaAvn OF Mr.. Cameron When the plaintiff was
brought up before Mr.. Foulkes and captain Grlf
nths (the otner dsiendantsl, on the second oc'
caslon, letter rom the American Consul at Bel
fast was read. Tue letter ASKED hat the prisoner
might be detained. and IL was read, rs 1t was con
sdered an ofllcia document. A warrant was
granted, aud the plalntifI, who had oeen snoWed
10 10 Tree after the 1rst charge was ulsmlssed
was again arrested by witness. on the letter and
warrant being laid before SIR rnomas henry, ~
Bow street, the plalntln was enscs saa ~
him ior expenses. In crosseXamlnaJlOn ths VIII
mesa sald tse plainn was nov niscn s re, inc
detention was a. tue Instance VI MI; ioung, OF
the nrm OF Mesars; Ionn.; Roberts ana Jones' So
Zoe soncitOr Tor the defence mere handed 4 docu'
ment to the Witaess.
had maze previously cOnde nnatOIy ofthe practice
at Wrexham. bv adding mat it was Leading 10 AL
state that Sir Thomas Henry said TO HIN, II ex.
pected this. Unfortunately you may not know u
in Wales, out Jhere mas been no ratification OF
that treaty OF 1870" Sir Thomas also said that ne
was sorry for the magistrates "a Wales Qaugnter),
and that the matter had been be ore the Home
Secretary and the Unlted states Minister.
Tne Judge said verdict for the plaintiff was
Inevitable rom the 1rst the magistrates mad
not acted from any but a worthy motive, out they
had made a mistake. They should have been
acquainted with the law OF the extradtion treaty
ana ne could not understand their mixing tnem
selves NJ with a squaDble between an American
debtor and his creditors IL was mos for him 10
suggest that there were persons benind the
defendants endeavOrtng 20 blacken the plaintin's
enaracter but IL was for the jury TO say wEetnet
the course the defendants had pursued mad not
aggravated the original wrong by going into nat
tiers which bad no bearing upon the case
Eventually verdict was given for the plaintiff
damages 600 against Captain Grifntha and Mt
Foukos and ESQ R9ainst hr. BadaDaW,