York, Monday, August 9.
The Times, 1824-08-11T00:00:00

llefore Mr. .=itp AVT V ,ir. YARlrE opened the pleadings. This was an action brought by nlaintiff against the defendants for a trespass which they had rnmitted in violentlv entering hiR house, seizing his goods, and 'ing himself and bis family into the streets and also for an autL. The defenflants pleaded first, that they were not gailty', and :n several special pleas, justifying the trespass and assault. That the issue-the jury had to try. ir. Sergeant CROSS stated the case to the jury. They had heard n his learned friend that the plaintifr came before them to comr in of a violent trespass and assault which had been committed on him by the defendants, and that the defendants had pleaded t of all, that they wvere not guilty, and then several pleas of justi- tiOln. Of these, the first was, that they had a rikht to enter into plaintiff'" house to take possession of certain effects wbich were ng in it, and which Mlr. Arnitt, the first defendant on the record, imed as his property, under an assienment from the Sheriffr and Pecond Wa, that every thing which had been done in making .t entryQ ept the assault complained of; was done under proper ence rec :ed from Alr. Amitt. The character of the defence, as y would Wee, was singular enough; but the character of the prin. aldefendant Arnitt, was still more singular. He Was a man who fesaed the religion, adopted the mariners, used the language, and re the garb of a Quiaker. He was, however, a constan: frequenter the asxizet; and trom his love of litigation, richly deserved the title ich a ieairned frend, now retained for him, had given him on a ee occasion-.namely, that of a wolf in sheep's clothing. Hfe boasted that he was a friend of law, and had endeavoured to ter. his oronents by declaring that he was also surrounded by eds, who were r to support him with their testimony. To elCC himself mnore formxda even than he wvas upon ordinary oc- 'tAnn, he had retained as his counsel in thiqause every member Pahliament that was to be found on the Northern Circuit, in theex- etation that if an appeal were made from a cnurt of law to that ni'st tribunal, as was now too often done, he should have four tes at least there pre-engaeed in his favour. Against such a f6r- dable array of talent, the plaintiff had thought proper to oppose bedy but his learned' friend, ilr. Parke, and the obscure individual M rai then addrcssing them; and, sn ported as they were by t and justice, they would not be afraid of even still greater odds. t defence on which he saw that the dlefendants were that dav go- to rely, made it necessary for him to open the case of the plain. , rbich in itself was very short, at greater length than suld otberwise have thought it necessary to do. The endant A mitt was a person, who, in the town in which he d was a perfect monopolizer of every kind of trade * he was a cr,a draper s a hop-merchant; and of late vears had become a ey1lender or, as he called himself, a banker. The plaintiff, d White, nual received from his father a freehold estate of a hun' acres, together with a small farpn, which was rented of another mfi mother was still alive, as were alto two of his brothers. aintiff, being the owner of propertv of this amount and de. ,n, became acquainted witb the defendant. The defendant, tecrv other money-lender who fell in with young men of pro. afflr0ed him at the commencement of their acqoaintance, 'y facility which her could desire, for edvancing the speculations thic he was engage&L The result of those speculations was etth' yeung man swas ruined and that the defendant Arnitt h3t- iTh the possessor of hispatrimonial esta:e. rie. Justice BAVLEY-IS this statemient necessary to the detall ;ure case ? for if it be not, it is calculated to excite s strong pre. a,C 5trtst the diefendant. and ought not tobe mnade. ergealtt Cno8s was sorry that his Lordship should have ~te with euch an observation, The gentlemen QS the bha had -ni. wlen Pe nrst came in. The door of the house was-shut v/t-,e Morrell came in, but I think it was opedt when the others came in. They came in considerable numbers-eight or ten came at first, and others afterwards. George Hostler, Thomas Jervis, George Young, tnd John Flower were there. Ur. W.White asked them wbat they had come for. Pickering said they had come with Mr. Arnitt's authority to turn then, from the house. At that time Air. John White and his mother. AMr. U . Whlite, anti his wife and her six children, were in the house. I sawlArmitt cosese in. He proposed to the family that if they would sign a simple paper, they m sght stop in the house. The paper was an undertaking to deliver peaceable possession of the house to hir. Bell and AMr. Arnitt when requlired. IMr. W. White, who was speaking in behalf of the ta. mlly, said that they would never do any such thing. On receiving that answer, Mr. Arnitt insisted that the Constable shiould turn them out. He ordered him to turn thensi outt by the back dosr. Alr. W. White replied, that if they were to go out, they would be turtned hu. nourably out at the front door. After this, the constable and othern who were standing by, proceeded to turn Mlr. W. White out of the front door. They then prF,ceeded to turn out John White. Atthai time 200 persons were about the door. As air. Jolin wlite wa not very willing to be turned out of his house, he resisted much at the door. They seiied him by the collar, and forced him out with considerable violence. Airs. W. WVhite was then up stairs. 7 told the constable that two men would be able to turn her out, and I re. qaested then) to do it as comfortably as possible. I was at the bot. tom of the stairs, when the constabJe pulled her down thenm by the arm. She struggled against them. The constable held her by one or both hands, and somebody pushed her behind. Ctosc-examined by AMr. SCARLETT._I dont kh6w when Wil. l,"" White tarme from prison. I do not know from John White that W. NW hite was discnarge(l under the insolvent Act. I am not a friend to Mir. White, no more than Mr. Aritti I am a friend to no man (a laugh), bh t t, the truth alone. I have known the Whites 0 years. When MIr. If. White was away, his wife was in the oc- cupat.ion of a house belonging to aperson of the name of Cooper. I do not know how long it was.beitare the present transaction that Mrs. W. White had quitted that hoause to live in the house of MIr. BllU. It was within a year. - ReecxaminiTed..Cooper's honse was not more than 60 or 70 yards Jane liangstaff, examined by Mlr. Sergeant Cross.-I was ser. vatat to John White and his mother. I had lived till September last an a farm which John White. occupied hefore he went to Bell's house. On going to Bell's house he gave up that farm. I continued to live with him at the time when this transaction happened. During the time I was living witlh them at Bell's, William White and his fa- mily were living at a houselbelonging to Mr. Ceoper. About Alay, day William's family removed from Air. Cooper's house to Mr. Bell's becauste on that d4y or about it, they were turned out of their house by Air. Arnitt and some others. (3rosa.examined by Mlr. WrLLIA55s...AIr. Arnitt never paid me any wAges before Alay.eay iAst..- I then received. wages for half a vear. I was hired to live with John White,. but I went to assist 'Wfllianm. The othier ervanta gotthecir wagesa~tthesame Lime from 'Ur. Arnitt GereCliffe proved that Itc was prenter at a- conversation which batknp1ace between thte nl0ni an h eedant on the I 9th of -May, in which the defendatit hdtl epinWthat if he did not stgyn away to him his tenaut..rigeta ih,ewuddsnei i ofthe property. The witne-ssav nsareLonwt,thwies "tI sn, as to the proceedingswihhdtknpaewe h e r6nrj Armtt ordered the c 'ouse.In his os.exausinao credit generally given to them,that they would not introduce observa, tions into thefr ipeechees whilch werc inapplicable to the issue which teir. huatice BtrytrY.-Then I understand you to assure roe thai this statement is applicable to the case of your cpleiset Mr. Sergeant Cijoss observed, that the justification which the bnt tedefendantt placed upon the reanrd arnounted in ta to thi.s- that he had expellcd t Te plaintiff' from the houset ng hoe vr, carse s tas his house, and had been surrendered to rhim byt the plaintiffi. Mir. Justi.ce lAn LEY.-.In what part of the plea is tha,tavernscnt to b e fon da t M lr. Sergeant Ctoss._ln that part of it, my Lotd, which states thet the defendant had licence to take a. the property that was lying upon Bell's farm. Mr. Justice BAwatsr.-.-Thet is a very different thing, however, trorn the statemetet wh.ch yaod were just making with regard to the MUr. Sergeant Ci'toss observed, that in stating this case to the jury he had great difliculties to obviate. Mlr. Justica BAYLEY.-iNOt any, however, on my part, brother Cross. lir. Sergeant CRoss was sure that he had not: but he stood in this predicament-that he must enter into some prolixity of detail in order to make his case intelligible to the jury ; and he was afraid that if he did not make the statement now, into which he was enter- ing at the moment he was interrupted by his Lordship, he should be precluded from making it at a sub-equent period of thecause. He had been observing, that owing to the assistance which the defendant Arnitt had lent te the plaintiff, John WVhite hIe hal engaged in sle. culations which had terminated.unfortunately, and which had en- abled the defendantto absorb the whole of his property.'in the cour%e of last y ar, a writ of execution, wvhich the defendants had stated in the record, issiued agjainst the goods and chattels of the plaintitf anti his brother, W. White, in consequence of a judgment vhich had b-een obtained against them in an action at law by the de- fendant Arnitt. The sheriff seized their property in due form of law, sold part of it, and, as the record stated, remained in possession of the remainder fromn the month of Septem. ber to the month of February in the present year, owing to the want of buyers to purchase it. In the middle of the latter nmonth, an as- signment of this proWerty, which was valed at 8401., wa, made to the defendant, and Richard White, the brother of the plaintift' and it was upon this assignment that the defendant Arniet justified his brcaking into the plaintiff's house, and turning him and his family into the street. fe must now reimind them of a paint to which he had alluded before-namely', that John White was the owner of one i'ar,and the tenant of another, and must likewise intbrm them, that his brother, NV. White, was also the tenant and occupier of two distinct farms. It was his duty also to mention to tltem, that in the interval between the issuing of the writ of execution and the com- mission of the trespass which formedl the ground-work of the pre- sent action, the plaintiff, John White, had surrendered up the whole ot' his freebolti property to the defendant Arnitt, and assigned over to him all the farming stock which might be found upon it. An asyvlum. was, however, left to him and his aged mother, whosefortunes had siffrered in the wreck of her son's, in a small house of hii brother, William White, which did not let at a greater sunt than 101. a year. Why the deftndant had determined to hunt this unfortunate plaintiff from that asylum, he (Mr. Sergeant Cross) had no means of conjecturing; but he Would show from the defendant'" own hand-writing, that he was aware that he ha;l no title to disturb him in his hurnble cottage; aed that Li disturbing him, he had knowingly and wilfully transgressed agairnst the law. 'rho plaintiff had a brother of the name of Richard WPhite, living in London, and practising there as an attorrey. To this gentleman he had written a letter, which was dated " the 4th of the 9th month," or, in other words, September 4th, 1823, and of which he should read the material paragraphs. The learned Ser- geant then read the fullowing paragraphs :-" In consequetice of receiving thy letter, C. B. Walker," (who was the defendant's attorney,) " an( mnyself, waited on thy brother John last night; and it was roncluded and agreed for him to keep upoen Bell's farm, and tbr thy mnother and brothler to live in Bell's house, which is quite satisfactory to thy brother; an( we hope, with the 700L which thou advancest, to clear them from debt. C. B. Wallker will have thee put in as tenant priv:'tely, and he will draw a security for thee upon the stock. &c. tor 7001.; and I think that, in the course of two years. they will be able to pay thee the whole." The learned counsel then proceeded:-The 7001. alluded to in this lettcr tas advanced by the brother, Richard WVhite, and, in consequence ot the defendant's promising to take out the execution, ain adlditional note for 3001. was given to him, in which the three brothers joined. As Air. Arnitt was believed to be a friend to the family, all assign- ment, which was intended to convev to Mr. R. White a beneficial interest in the whole of his broiher's property. was made out to hi:n and Air. R. WVhite jointly, in the hope ot' conciliating Ir. Arnitt's goo(elwill to thze family by this mark of conti. dence. The execution, in consiequence of the advances made by Richard White, was got rid of for a time, but not finally, as his family had anticipated. On the contrary, in thD beginning of May last, they were surprised at finding that they we.e itill liable to it. About that time .Ur. It. White, hearing that the defendant mitt was proceeding to sell the goods of his brother, which had been assigned over to him), wvent down from London to Tlhirsk, and protested, but in vai, against the detendant's selling them. rThe lefendant not only determineAd to sell every article ot' them, but also to drive John White and his age(d mother from the small cottage, in which they had trusted to find a lasting refuge from the assaulis of fortune. These were facts which it was necessary for the jury to re- collect, as he was now conling to those circunstances which ha,d given rise to the prseats action. At nine o'clock i. the morning ot the 11th of May' Arnitt eame to the house ot' the plaintiff, toltl him to qui. instantly, and used this remarkable expression-" I mean to disinherit thee this very night, unless thou signest a paper sdnsitting my tenant-right, and giving up thine own, if thou- oest that, thou mnavest remain here, till I can findanotlier tenant." Fhse plamntifanti hibrother refused to do any such thing. The de- fetiant retired muttering threats aginst them. Knowing the cha- racterof the man with whom he had to deal, the plaintiff called in 4lis neighbours to witness any thiing which mighit occur, and very wisely selected for that purpose the most respectable inhabitants of Sandhutton, the village in which he lived. It was well that he itad donc so; for at sev.n o'clock in the evening tlhis triend of peace, this abhorrer of war and litigation, carne with a constable and a posse of 20 men to demand entrance into the plaintiff's house. He again re- Peated, that if they would sign away their tenant-right, he would al- low theta to remain on the premises ; but that if they would not, he would expel them by force. Tle plaintiff and his brother William then asked him to let them look at the paper which he wantedthem tosign. Hlecalled out tolhisattorny, "Charles, Charles, they'll do it; g m e the paper," atd immediately rushed into the house. They 'Ad him that they would not, and the consequence was, that he proceeded to those acts of violence for which he was now faetig theml to give a relparation in damageq. At the time the de- fdant made this intrusion upon the plaintiff's domestic comforts, thereC WaS in tbe house, the plaintiff, lhis aged mother, his brother, his rother'd wife, an-i her six young cidldren. Thre defendant, by the assistance of his tnyrinidons, first forced out NV. White, and then the plaintiff. They then proceeded up stairs, where they found MIrs. .V. White unwell in bed, and in great misery and affliction. On learning the purpose for which they were catne, sheautrang out of bed, and, with the dlesperation which sometimles seizes on persons of the other sex, when in a state of' great mental excitement, said that " if tihey toucied her, slie would cither be their destruction or they should be hers." Without paying the slightest regard to this threat, the defendants dragged her by force out of the room, and left her with the remainider of her family in the open street, Rubject to thle gaze of the surrounding multitude. It was for an hijurr of ; this nature that the plaintiff now eamne to demnand reparation at their hands; and sure he was that his client would obtain it. The plain. tiffstited that the deferndantv had forcibly and unlawfully obtruded into iis house ; but at any rate, whether they had done it illegally or not, thiey hail done it in the miost cruel andI inhuman manner; and for that cruelty and inhulmanity, the plaintiff claimed exemplary Ramages at their hands. The learned counsel then called the fol- [owing witnesses :_.- John Atkinson, examined by Ilr. PARXE, deposed as Rfollawss. I live at Sandhutton. I knjow a farm there, which belongs to M15r. Be.], of Thirsk. In the month of May la-st it was in the ocCupa. tioit of John and W'illiam Whiite. On the 11tht of thatmonth John White lived in the house belonging to that farm. IHis mother and Willia'swfanhi miyertee at that time. On that day I wa deire byMrs.W.Witeto alk nto.Ton'shoue. t went int itaccrdigl. Aabot tme ftr Ientred abutseven or eight in the evening, a baliff underr. Arniti of theut sname of Ofotrtreell,announcd to themn th.at he was coring to' turn them all o!t of-the ouse. know iclcsrn ~WrIt u'ns-,t1 I' hVotdngo, iLostler, Morrel, and others present, hie did not gee thentlay had n the Whites. He only aaw Pickeriing lay hi' adsuo them.shaduoi MIr. BnOUOUAM%,, who was counsel for the'defeRdant asked , question of the witness, to which he replied, that lhe liw assisted WV. Wihite, within a fortnight of thiis transaction, to carry, forty bushels of 'Corn awiay, From Air. Pell's house. Thze camn was carried away to the market at ltipon5 in the day-timec, by a horse sand cart, and was there sold. Francis (iloughi was at Sandhuttsrn on the I1th of Mfay. Het corroborated the testitfiony ot the drst witness, Hie seaw jerjis hiave hold of Wi,lhite by the leg, and Vouting and dtuers were pushing himn behijit.d,ilte saw IVickering PUlling Mtri. Wliuge and Hlostler pushed her, Thecy were all turned -into, ithe high-way. Pickering hnd a W~nstabWe' staff. Witness henardlisy~i the morning, Rhowing his stafif, that he weas ibtdcxnnilfted by Flrancis Arnitt. Iii the evening he saw Arnitt cone to the dooDr, .atro'zsk wher'e Charles '"alker was P Hie theni said, " Charles, come Theee waYNthtis wayl Williaio White Is going to. sims his tenant.righo!' Win& oxd not tell .that he Was going to aiw Jt at the timne. By ASir. SCARLtETT.-.Witness knew thatt WM White liad been in prison before this transaction; but could not say that he had taken the beniefit of the Insolvent Act. Aly. Richard White. examined by Mr. Sergeant Cxoss...4 am- brotberto the plaintiff.' By Alr. SCARLETT.-4 do not employ the attorniey, or pay the cosq& in this action. Examination continued-I. reside in London. lily brothers John atnd Williarm were farmers. Mly brother John had an eatate of a.bout 100 acres left hlim by my father, who died about three years aince. That estate is sinre allsold for the paymnentof'delbts. Le, letter was hianded to wiitness.1 I received this letter from the defenfdant Arnltt. Herte the letter was put in and read. It wvas that alluded to by lif r. Sergeant Cross, and was dated Sept. 4, 1823. Examination continued.-.Since I received that letter, and before, the sale, I saw DIr. Aniitt. I also joined nmy brothers in a noate to him for 3001. 1 wast to have security on the stock and crops then on the fatm, fer the 7001. 1 am not aware that the sherif was then in posreasion of the stock antd crops. The stock susd effects wtee valuied at upwardA of 7001. 1 think Afr. Arnitt wrote me to that ef. feet. i went to Thirskabout thie thor 6th of Susy,in consequence of hearing of the selliig up of William's iffects. Ilam notaware that I told Alir. Arnitt thant I claimed an interest in the effects fin John's house. By Air. SCARI.E'TT-.1 hada correspondence with Arnitt before the receipt of this letter, and very probably after.rards also. I don't know exatic'y 'when Tnv bomot'er William Wt.gatto prison. i aon't know exactly whether he tools theb enedst of che'isolvcntActor not, but it was reported that he did. I . Re 'exanained.-4 found myv brother Johin, 2nd my mother, living at Bell's house when I was at Trliirsk. Mr. SCAItLETT then addressed the jury for- the defehdants, and told them that he should pass over the ornamental p arts Qf his learned friend's speech, and sliould merely apply himself to that paLrt of it whichl was really i ntendled to have somne weight, and to be ofsome titi. lit with the uy Afler remarking on the very curious circumstance of Wvin. WhVite's not having beeii inled to give them somne accountof this transaction, of whbich he mOist have been so anxious a spectator, he said that he slhould on hiasaide call every vwitness who was able to eluicidate it, even though by so doing he should give to his learned friend aniother opportuinity of indulging his s'ein forv pathetic deola- mation. He must now gvTeto the~jdry at tatement of factA, differ. ing in somne respects from that whiche theiy had just heard from his learned friends, but agreeing with it in many, most impOrtant parti- culars. John White, the plainitiff, hiad san estate of his own, and also a farm, which he rented of a gentlemian called Hodson. Wil- liamt White, his brother, also had two farms, one of whichb he rented of ir Bell. Iand the other of MVr. Cooper. William White had borro4wed 8( 0. of lils client,Mr. Arnitt, on the joint secutrity of him. self and his brother. WVanting ano%ber loan to the same amount, he applied to thie defendant to advance it, who refused to do so, unless he was, providled with adiequiate security. W'illiam White then statedi that hisx brother had a real estate of sorne value, whichl he Was willing to hy-pthecate to that amount. In conseq uence, a negotiation was entered into, anid the defendant advanced the money to Win. White, hiaving HiRet taken a joint bond andi mortgage for it from themn both. Shortly afterwards he found thlat a mnortgage for 6,0001. had been previously placedi upor Johin's estate. 'I'e result wax, thtat he pres~sed him either to pay hitn the money, or to give him other se- cuirity. Findling that the plaintiff was either incapable or unwilling to ;vsent to these alternatives, he brought an action against hiim anid hils brothier, whichi stoodi for trial in that place, in the Sprinig assizes of 1823. Knowing that they had no defence to the action tiheir attorney, Mr. Howard, of Ripon, proposed that they should give tile def'entlant a warrant of attorney fot 2,0001.-a aunm, which includedl thje costs of the atction aad somne other advances wlichl the dlefendanit had made to thie plaintiff and his brother, before he dis. covered the fraud whielh thley hind practised upon him. The warrant of attorney was given in April. and it was not till the Augusit fol. lowing that the execution was put in by the sheriff. Iti the oentlh of' September, goodls were sold by hiim to the amnount of 1,2001. thiere was,, theretore, after his sale miore than 8001. due to the defeni- dtant. In liope.s of'redeemi-ing part of their prope-ty and of remyoving- the exectution, thecY prevailed oni their brothier Richard to advancee 70th., and then assigned over thieir stock to the defendant,subject tstill to the execution. The jury would observe, that in the letter which his learnied friend liad ptint in and read to them as part of his ease, it was mrentioned flhat R. White shiould be let in privately as tenarnt upon ellc'H farm. Now this could not be done witlhout the tonsent of Al r. Bell's trustees, whichl', unifortuniately for Sir. R. White and his family, they reriused to give. Siiortly aftprwards, William Whlite was arrested and thrown into prison; anid it was at that time, by hism owni desire, thiat liia fatrmi was absolutely assigned ov.?r to the del'en- dlait Arnitt. It was true that John White was allowed to lire there by sufThrarnce utitil die affatirs of the family came round ; buit as that periodt appeared daily niore and more distant, and as the defendant codoli ot be expected to continue paying rent and labour for a farmn frain whicli he deorived little or no emolutunent, ha detemsisned to get the plaintiff's famnily oat of' it vod either plase another tenanit ina it, or surrendler the farm to tie original owner of it. The conseqtzence was that the proceedings were taken which had given rise to tile presenit action. He would put in the assignment from the Sheriff, and all the other docunients necessary to prove the de- fendant's title. Ile would thien call witnesses to prove that John WVhite was never assaulted ; ard then he should osay, that at any rate he had made out a sufhicient ease to justify the tyeapasa which was atllegedi to have been eanimitted in this c-ase. If,however, they shiould be of opiniion, that after justifying thec trespass, he ttad f-ailed in showing that there was no assault, hie was sure that, as no evi- dence had bean given as to any injuiry being sustaned by thne plain. tiff in consequence of it, they woula think one farthing's damnages quite safficient to meet the juntice of the case. lHe then called the following wi'nesses: Charles B. Walker, examined by Mr. BROuGiArqr-l am theat. torney for the defendants. Ilacted in the year 1822 as agent forAMr. Bell's tr-ustees. I know Bell's farni..house. William WVhite, the plaintife's brothier, wa, the tenantof it; he went to gaol in February last. In September, 182.3, it was proposedi by MVr. Arnitt that Ri- chard WVhite should come in tenant to the farm privately. John and Williami joined in thec proposal, but it wvas irnefFectuial. William White had been the tenant for some years; he paid the last 5lichael- inas rent to me. I accouinted for It to Mir. Livesay, one of the trustees for Sir. Bell. After Alr. Arnitt's proposal about Richard WVhite had been rejected, the trustees proposed that Mr. ArliLtt shiould become their tenant insteatd of NW. 'V hite. I do nut know 'that any thitig passed between mef. and W. WhiiteIabout this propo. sl,toghi I think he must have known of it. NV. White has lpaid no rent since AMichaelinfas ; Sir. A mitt haas paid it. Air. Arnitt gave orders about the land, aLnd, I believe, paid thie wages, but I can- not say so of my own knowledge. John WIiite went to live in this housie of Mlr. Bell's, which was tenantedI by W. WVhite, at the time that hix own stockc war; sold. 1 (10 not know who put him imflo that house, lie had lived before on a farm of Air. Hioditon'.s; he never piaid any rent to me. I have seen Mlr. Amnitt at Btll'a. farm with John ;Inever saw Alir. Arni t give orders on the farmn In John's presence. I was present on the nighit of the Ilth of Mlay, but not in the house. Cross.examinedI....Tlme security mentioned in the defendlant's let. ter to MVr. R. Whiite was never carried into execution, except so far as the assigninent to the sheriff. Thle ntntqe of il.chard Whiite was put upon all the carts on the farmn, bitt not by niyordief. John'sowni estate wan sold by direction of' the Whites and Air. ArTnitti it had previously bten conveyed over to mne and Afr. Howard of Ripon. -Mr. Arnmtt got the stock andl allithe corn uipon thse fargm which Jolkn rented. Air.' Arnlitt got the stock aklso nujon WVilliaMNf farm. Every thiing was gone ftomn both the brothers except Bell a fatnl, aed of Bell's farmn Mlr. Arnitt stQod as tenant. I was present when Wil- liam White was turned ouat of Cooper's farm. I was present at the enitry; but I was not p resent when they were tuirned out. I cDn- ducted the party up to the door, and then'left thtem. . rt wvar in con. sequenice of wha: was doine upoun hatoccafort t,hat William's family took refuis;e in John's t.ottage. Iknow that Richmard objectedt te the sale of thte eoods% and chat,elsi, and also that John'a efflects had been assigned over to hiim and Sin. Arnitt jointly. I wag attorney for Mry. Lmuvegay, and also for Msr. Arnitt. Re-exam-ined....The trastees neveg gave Mlr. V_. 'Wlaite any inter. estin hatfan. Nithr Sr. . Witenor Johnt WVhite paid mne Citelas haf yart ren. Isol Jon Wite a estate in totijmlnctlon withSir hoards. Irecive th moey, and expended It in liqul. datin ofmortage amontin to ,001. Very little7 was left us to pay verto Ir.Aruit.Sir Arittgotthe stock on Bell'.s farm un- Richard Chap nan deposed_- in dte sleerif's officT who vtCntin Withl the executlon lil 8epteniber- 1823. l lcved upon tlcjeoDd' and clhattels of John and Wim. Whfte I sold od tlj 6dth, ith, 12th, and 14th, and received on the gross sale about 1,2001. comiiuni. eated witnh John and Win. White. They requested moe not to sell some eftcts of WVni. White's, as they Ioped that they should be able to redeem them. Al r.Arnitt consented to .th;s arrangement i the good s were left In pdsseSaon of the sheriff. JohnMrhlte, during the sale on his penises went lt o fann; t hbadforn *ner y beeni occupied by a hind. A5rnitt and myself jointly tr6iaijed on him to go there,in order to leta tenant have possession of Hodson's farr.bo,use, who was willing to purchase the stock on the farm at a valustion. I did not learn from John White ehat MIr. Arnitt had any Interest In thltt farm. I continued In possession tiU the gheriif ffiade the assigtmient to Mr. Armitt iTh d.gl et *as- made in February last. A man of the name of Jervis was tbeni l-abidt sson by Alr. Arnitt, and I have seen hinf on the farm. Tere was nothbig in Bell's farm.house that had not been seized tuder the execution. I paid over to ,fr. Arnitt 1.2001., and the expense oh levying and poundage was paid oat of it. T' e corn 0ML not in the aisignment rrom the sheriff. I understood that it a.s Includeti in aROther security. Out of the 1,200L I levied, a: yer's rent was Paid to the landlorid. The assignment fromn the Sheriff of.Yerkshire to the Aefen4ant, of the goods taken undetr the writ of execuflon5- was then put in and read. Edward Sadler proved thiat Al r. Arniit had takcen possesion of B3ell's farm as soon as the sheriffs officer haal left it,. and had acted from thattiminie as; the cotnm1ete master of it,.-gving orders about Goigkogfg &.5r hAnt'ad it bedlll' coinstntly on the. spot. iim WVhite knewr that -Tsojnas jvii twaa tha~tjsailjff. John Sadler gave aimilir tentimony*..ith the ltist witems,.regard- ing the acts of masteoi xrchisbed 1. Arnitt on BDe1ls fr~in; Benjamin Wright hadIseen for the last year paid by hr. Arnitt, and not by either 6fetpWsict6. Mr. Sergeant Citoss, in reply, called theattention of itb. jur, to a fact wrhich was made out by the defendant'3 own.e~idenU-~4har> Arnitt had come twice on the 12thi of Nlay to deniand,.ii W.ihn? the surrindur of the tenant.right, which it wan now-In etnatid 1)ad, been siurrendered to him -in the etbruary precedIng. It WA%~d, too, that all the property. in theD farm has been a"!."4 ve 'o Arnitt, and. yet it nad been.-proed bytedfnatso, trle' that sometime preViously to-.the alHened time ofteassgnette carts oni the farm hiad all been macIced withetohe. tPaine o- 11.White He contended that lupon all the circumstItaces of this caseIsslit wasclerlyenttle tosevre nd ~eplary. dnmages, Mr. ntstce BYLz~ ~umaedu.~hcevidence at greatlengt1o,, and TheJur reire fo haf ca hqr~and theni. retqned 4 -verd.ict YORK, MOYDAY, AUGUST 9. L- WIIITE V. ARTITT sVn A-.o