Lent Asszes.
The Times, 1824-03-19T00:00:00

This was an sction of trespass for forcibly compeHing the plaintiff and his family from a lodging, and for unlawfully taking his furnl. tare.-Plea, not gnilty. The plaintiff was stated to be a captain in the army who had served at the battle of WVaterloo; aiad the defetidants, father and son, were described to be carpenters, living at Greenwich. The plaintiff, who had become embarrassed in his aftairs, was obliged to go into the King's Bench prison. In the meantime his wife and her sister, Miss (Oharlotte State, and his three children and two servats, took lodgings in the honse of the elder defendant, at 11. Is. per week. Somne rent having become due, the defendant dis- trained upon the plnintiff's goods, which were released by Mr. State, the plaintiff's brother-in-law, who gave his note of hand for the amount dae. This trn.saction took place in May last year. In about a fortnightafterwards,the defendant entered the aintift I apartments, and completely gutted the roos ot al the furnituire At this time Airs. Foster was extremely ill, having been recendtl confined in child-birth, and was then in bed. It was alleged,that this proceeding was a mere pretext to force the -plaintiff's family to qtuit the house, under a colourable distress for rent, supposed to be due from the defendant for rent. It was proved by Aliss State; the plaintiff's' sister-in-law, and a femile servant, thlat when the defendants entered the apartment, the plaintiff's wife was ill in bed, and that one of the trespasmers had forced his way into lIrs Foster's bed-room, and retused to quit whilst she dressed herself, and actually remained whilst she put on her 8othes. The same witnesses proved that the defendants seized Xlr.. Foster's. Aliss State's, aund the children's wearing apparel, al. though the broker said they were at liberty to take such property away. In order to force the plaintiff's family to quit, it was proved thatafter the rooms had been cleared of the furniture to the bare walls, the defendants took the doors off the minges, and threw up the windows. In the evening of the same day, Mrs. Foster and her family left the houge, and took refuge in other lodgings. On the crosa-examination of the plaintiff'8 witnesses, it was ad- mitted that the plaintiff was a prisoner in the King's Bench Prison, and during the time his wife was in the lodgings, had sometimes visited his family with an3d without a day rule; that presioug to isis cmiag to Greenwaich, he had been Etving with his family at Rams- gate, in a gay style, with a carriage, and had left that place so much in debt, tha he eouldnot get a loaf of btead on credit; thet he had afterwards taken the benefit of the Insolvent Act, and had been remanded for six mouiths. It was proved on the part of the defendants, that the plaintiff's wife rwas in so much distress whilst she wasin the lodgitns tliat the defendant's wife- had provided her with baby-linen .uring hebr con6fnenient, and procured a meadiceil gentleman to ittend het dur- ing her illness * that notice to quitbhad 4een giveni; thal the. .Vlin- tiff's wife on the dLy in question was extremely abui'e, and had quitted the house in the evening in qncstion in- a state of inebriet Ifrom large quantities of !malt liquor which had been sEn for; that there was no property in the lodgings beloring to the plintif but a ffCViixeib'fr&,,',sa iQnte .cit2{r, ppard5 wvhich Mrs. FNkterx bhaddtiied ratight be taken care of for her. and which was`aecozrd ingl1tAincareofs and was readyto be delivered'whenrset-f6r 'iid thait tle removal of the futniture of the apartments 6asiit-*n2 i4uencE'of a,foonal&dr distress put fito the hoixsilfor rcnt due to'.thg def&nmYajit's landlo2d. ... 'This wis' a general outline of the ease on both sides. Tliecaserent to the julry underthe learned Judge's directib't and if ter retiring for alhont a qgaa2ter, of an hour, they found rbei'; verdi'ct for the piaintift-Vamages, 40$- TRtZRS1DAY, .MAitcU 18. noWE v. YOUNG AND &NOTHEIA. This was an nction of trespass and false imprisonment. Theplain. tifF was an engraver, carrying on business in Cornhill, London, anti in the srnmmer of last year occupied a house at Stroud, near Rochester, where his wife and fami)l resided. The defendantYoiug was an inn' keeper at Strond. On the 23d of July the iplaintilf's wife sentherser. vant girl tothedefendantshouse to geta pint of brardy,for which she Xave her the monay. The gir] instead of L5iri,r her mistress's money7 tendered a gilt fariking, wkich so resembled a rej,-ereigi, that tbe de. fendant in the hurry of busines.s took it as such, and gpZYe the chaxge accordingly. Next mornivn,discovering the trick which ,ad beeit played, ana supposing that Mrs. Rowe WaR privy to it, he wClit 2. er house, and with great vehemence demanded his change. His condiiti greatly alarmed trs. Rove, who was then far advanced inpreg.anc- and was attending a child who hadlhad a leg broken. Mlrs. Rowe ssa she knew nothing of the farthing, and told dte defendant that tbe girl was then out on an errand, but would return immediatdy, and. she should insist upon her returning the money. The defendant, who was accomupanied by another person, named Medhuist, and wYho was joined in the action then vwent away. Shortly after- wards the girl returned, when Air. Young was sent for, andtbe.girl Immnediately restored the change. saying she had got the farihing from her brother. Mr. Sergeant ONSLOIr, who appeared for the defendants, called witnesses as to the latter part of the transaction, in which it ap- jcared that the defendant had behaved with great mildness, and civility. The case went to the iurp under the LoRD CHIEFF BARON'S directi a, and they tbund tieir verdiet for the plaintiff'.Damages 2vl, LFT ASSZES. MAIDSTONE. WEDNESDAY. MACS 17. CIVIL SIDE. .7 roSTEIt V. ELY &AND ANOTHER.