Summer Assizes.
The Times, 1824-08-20T00:00:00

k,ffeJViP9Mr. Jsisfiec BUnsto Urns, anid a Special Jur-.) V'INE:S Vr. sARE, CLEiSI, AND) OTHERCS. This was an actiOn of assault anid fatlse imprisonment. The de- fendiants pleadet), first,"1 not guilty ;" and, second, a juxstification. This Case excite.d some interest. It anpeared that the plaintiff was a respectable farmer, upwards of 70 yearH old1 snd one of the churchwardens of Hurstenonceaux, in which parish he occupied large farmi as tenant to Sir John Faggr. The dlefendant Mr. Hare, was rector of the parish;- the defendant, Air. Evans loies, was his curate; and two other defendants were headboroughs. The plaintiff had, for some time pasLt, claimed a right to a certain pew in the parish church in virtue of Ias tenantey to Sir John Fagg, which right was disputed by the reverend rector, who, besides the chiancel to which he was entitled in Ilisa character of'rector, consider- ed that he also had a right to the paw in qaestion, whiich it was in- 3sisted his nredeceasors in the incuimbency had always enjoyed. In o)rder to asLsert his- ri5rht, the plaintiff bad for several succes- sive Sundays gone to church, and before divine service be- gan, clamnbered over the partition anid taken possession of the pew, the door of' which was usually kept locked by thie rector. In order to prevent the repetition of this course of proceedingr, Mlr. Hare gave orders to the parish coestables and the heallorouglhe lo le in att,endance on the 8unday mentioned in thiedeclaration, and forcibly to turn the plainitiff out of the pew if heshiould again take possession. On thec Sunday in question the plaintiff came to churchl, and again took possession of the pew in the manner above-mentioned upon which the constable went to hiim and desired himn to withidraw, telling Iimr that Il iss flare, the rec- tot's daughter, and oine of his sonns, were cominlg to that pew, ini whichi the rector's family were accustomed to sit. The plaintiff de- clined withdrawinig, but said he hadl no objectionl whatev,,r to let Mliss Hlare andI her brother inito the pew, there being roomn for ten or twelve persons to sit. fie was tolti, h2~wever, that hie mnust retire altogether.This he refitted to do; upon whichi the constable and the headhroughs laid hiold of him, lifted him out of the pew, and carried hint to another pew in whiich he hiad been usually accom- modatted with a seat, and endleavoured to place him there. In this, however, they did not sutcceed ; he disentangled himnself from thei rihold, aiild returned to the pew he had first takenA possession o,etring it as before by getting over the partition. The peaceoficrs began to dloubt their authority to interf'ere any hiurther in the busines,, ,on1,ceiving that the plaintiff, in hi3 character of churchwnrden, hdehtive jurisdiction within the hoely of the churchi, and before interferinig any farthier, they deterniinetlIto take thie advice of Mr. Jones thec curate, who was then at the readling de:ik, hut hiad not commeinced dlivine service. Upon asking Air. Jones what they were to dlo, that gentlemnan told them thtey must remove the plaintiff fronm Ite pewr, and thatt if he didl net withdraw quiietly, they Were to turn himi out bv force. The defeodant was re- questeea to come otut ot the paw, butt again dieclining, he was taLken out bodily, and dragged in the pew whefc he usually sat ; hot as he clid niot seem inclinied to remain any longer, he was taken out of churchi, and told ha mtist imrmediately go before a magistrate. In consequence of the noise and contusion created by these disgracefuil struggles, AMr.-ones, the cutate, announced to thec congregation that divine service cotild not be performed with due decorum that morn. ing, and accordingly the conigregation dispersed. Mlr. Hlare hadl given orders to the lieadbotoughs4, that if the plaintiff repeated his attempts to take possession of thie pew, they were to conivey hint be- fore a Julstice ofthe Peace, to be decalt with according to law. Aa soon as the plaintiff was taken onet of church as ahove-mnentionrd,the head. borouighs gave hiim his chioice as to thie inode of his conveyance to the itustices. Ile was toldI he m-ight ridle on his own lhorse, go in a gig, which wouldI he providled for himn, or walk. He preferred the latter mode, andI was taken in custody, but without any circumstances of hignominy, before Mlr. Cuirtis, a neighbouring magistrate, who bouind hmoer to appear at the next Quarter Sessions for assaulting cthe headboroughts, and for indeecently and( irreverentlv dtisturbing di- vine service oni the day in question. At the followving sessions he was inidicted for this offence accordingly. It dlid not diistinctly, appear whet was the resuilt ; hut in fact. nio judicial proceeding wyas foundled upon it, andI the plaintiff now brought this action. The defendan ts justified their conduct by their special pleas, whiich al- leged that the defendant hlaVing miscoMdUCted hiinselffby forcibly attetnptinig to take Possession of ithe pew, they had gertlty laidI hiands uipon hiun to remnove him therefrom, doing no more violence tfian was necessary for that purnose ; andi that having repeated hisI violent conduct, thecy did, a littli pull lism abouit, andA didl a little beathim asthe lafuly mghtforthe cause alleged. The plantif n hs eplcaton alrgd tatthe defendlants committed the rivnce an injrie coplanedof, as of their owni wrong. Seveal wtneses povedthe anne inwhichl the plainitiff hadl been treted Itwasproed lin unil he onstables had interfered, the plaitiff badmad no oiseor istubanc, ad that, in fact, their reverent broil alleged in the deflendaists' plastas prodluced by titeir interposition. On the pare of the defendants, the topics urged in answer to the action were-first, thaet the plalintiff hiad acted illegally in the mode of exercising his right to thec petv ; and tliat, if he really had any lawful title to it, lie should hiave asserted it by bringing an action against the rector, and determining the question by due course of la; secondl, thist in point of fae lie had no title whatever to the Pew, as was evidenced by his own conduct, inastiiucis as, for thirtt years, he had always sat in another pew, assigned to Sir JolhnFagg's tenants, without ever pretendAing, uintil lately, that he had any righit to the pew in question; thirdl, that the pew in question had never been used by any of Sir John Fagg's tenants, but had always been enjoyed by thec incumbent otf the'living, and had been, In fact, used bdy Mlr. flare's family for the last 270 years ; and fourth, tliact the con- duct of the plaintiff on this occasion was so violent and outrageous, as to render his forcible expulsion, and the subsequtent proceedings, necessary and justifiable. Evidetice was given in support of the second andI third groundis of defenice ; but as to the fourth, thiough some witnesses were called to prove what the nlaintiff's demeanour was on the occasion in question, it did nect appear to be any otlher than already de- scribed. filr. Sergeant TA5DY, in reply, urged thiat, however qluestion. able the plaintiff's title to thte pew might be, niothing could Justify the violenrce and outrage with whiich ha had been treated. The con- dueit of Air. Hare ajd hiis curate was by no means consistent with thiat dlecorum whichi became the sacredI office of a clergymian ; anid as what took place was comimitted uinder their orders, they were an-. swerable foir the consequiences. The juiry would say what damages they woulcl give to an agedI 'ntan, of irreproachable character, who had been thus twice dIragged out ofehiurch, in the face of his fellow- prsinr,under every circumstance of insult andl degradatiotn, mierely because he had peaceably exercised the righit wlhich lie claimi- ed to the pew in questiont. To thema the plalintiff looked widi confi- dence for suchi a verdict as would mark thecir setnse of the unworthiy conduct of' the reverend defendants aLnd thieir associates, wvho had titus occasioned an unseemily broil in an edifice so sacred as the pa. rish chuirch. Mir. Justice BttRRouost chiarged thejurv, that if'thie defendants' pleasq of.juitificatioit were satisfactorily, made out, they wouldi affordi tino answer to the action, inasmiuch as the first act of aggression, in seizing the p lainitiff and forcibly expelling Iimn froni the pew, couldi not be justifiedI the plaintiff wras titerefo're entitled to a verdlict. It was the province of the ijury to say whiat damages they would give in sUchl a case; bitt he hiad no dlouibt thiat, in the exercise of thei judIg- nlienit upon this subject, they wouxld take: care not to suffer thecir miinds to lie affectedl by any feelings inconsistent with strict juistic'e. 'rhe Juiry found thecir verdicfoti lnif,D ag costs 40)s. Ba- n tfrCt plitf,Dvaes, WMq., George Btkra cliBejaminit Baker, brothers, were indictedl on the stattute of' Elizabeth, tor breaking and entering tiec dwelling- houise of Chatles Lindlfield, in tku day time, on tuec 14th of April, at Hiorshians, no lierson being therein, anid stealing a bond for the pay. incilt of 2,8001., two watchles, several silver tpoons, soine gold and silver moticy, bank-notes to the amouint of 201., two waistcoats, andi othier articles of'wearing-apparel, his property. It alipeareel in evidlence thlat Ctte plrosecutor, whio had been brouight tiP at the University of 0xlbrd, lhad mnarried a woman ini a condi-. lion of life inferior to his owvn, and resided in a lone lhouse, about a mile from tIorsliami. On tie nmorning of' the day mientioitied in the indictnment, thec prisoner, Blenjatinr Baker (accoriling to the testi- ist ony of filrs. L2indfieldt) called about ten o'clock at the house of' the prosettr,wows then froisi lionie on business, atid told his wietathrhsband hiad been suddenfly taken i'll of a fit, at a peib.. lic-hotuse asbout a milie on the othier sidle ot' Horslaian, and that lie was niot expected to live, and thierefore she muntst go to hiint directly if she-wislitel to see hmii alive. Alrs. Linidfield, alarmed by this d8 treasing intelligence, immediately prepared to go to the dyiiig scene. Slite hastily equipped herself' for the jouirney, and, aftei, carefully locking up the house, anti leaving Citie property secure slit set off to the public-house dlescribedI by the prisoner. NobOty was lef't in tlC ithouse. On arriving at the public- house, site found lit iat te story told by the prisoner was a cruel inivention, anti that her husband was not there, nor even heardI of. Suspecting thawt that the object of'the prisoner was to induce her to leave the hiouse for soise sinister purpose of his own, shle imusle. diately returnied, atid focind that her spiinweeht too well fouinded. Duriniglher absence the hous ca gnetred at the back part by violence, the drawers broeopnad puindered of the property mentioned in the indictisint Th&otvlal rt of tCue property -rim a hood for 2,81101. excte yteEr 1 al. Itaway to secure the puineiase-money ofsmladhilliaorhp hiad boughit ofAMr. Lindfield, part only fwihbc enpi.i consequence of the description given b r.Lnledo iepi soner, Gcoige Ba'ker, he was apprehene xtdy bu nohn was fouAnd upon him tio eonfirm thres ep8ic ions tat lewacoerd in thec robbery. Further informnation however, was given wltich ledI to the apprehension of Benjamin Bater, upon whiom was fotiid a goild seal whichi hadl long been in Mir. 1,indfield's farasily. lie re- sided at a lhouse near Brighton ; and it appeared that the dlay after the robbery he was very flash of cash, antihind been driniking at different public-houses in Brighton, where it was observedl that he was untibually wealthy. In his lodgings was also found a silk hand.. chief,which was oneof the articles taken from the lsro3ecutor'shouse. Wvhen brought before the Wa&istrates he madea voluntary confession that lie liad Ihimself broken an5W entered the house,and effected the rob. bery. HeIcdcnied,hiowever,that he had (as sworni byfil rs.Lindfieldl) tolit the lie whiceh had induceti tite prosecutrix's wife to leave the house. It was his brother, the other prison, he said, who had spoken to Ars. Lindfield, atin etod tecikcmstance of liar husband'ls illness ; but that hehi ae o ther share in Cthe transaction. Ai rs. uindfield swor oiieyt titldentity of George Baker as being the mnan who todhe ha ejhsbatd'was dying. She ad- mitted that possibl eh viht ermtkn fromCithe alarm and agi- tationi into whicsie wstrw l h information respecting her husband, and this dutmgtb craed from the similaritv he- tweecn the two broiners. Other w;inesses were called, hoproved that a man very like the prisoner, [eorge Baker, was seen near the prosecutor's hiouse tibortly before' the robbery was committed, but they, couldI not swear to his identif r. heyrisoners both denied their itilt, but called no witnesses. Mr. Baron (ilLAItASc leIt the jiIry to consider whether therc was any ditfference between the cases bl the twro prisoners. In point of law, the confesoion of Benjatnin Baker could not be atintitted to af- fect his brother. The question ai to the guilt or innocence of the latter depended upon the eviden?e of MArs. Lindfield, who possibly might bc mistaken in supposing. hat he was the person selto had told the story respecting her husban , and the other evidence as to hni was by no means conlusive I was, lhowever, for them to consider tie evidence as it affected both ether of the prisoners. The Jury acqnailed (;eorgc,J ' t found Benjanin Baker (utilty_ Deathi. Johu Wilson, a man of dcc nt appearance, of about 40 years of age, was indicted for stealing loin the Hero Portsmouth coach, on ai le6th of January last, a parJ cotaining bank-Rotes, sovereigns, saud stilver, atrounting to ,0 Mr. BRODERICK stated th ease for the prosecution. Alr. Stephen Bencraft, exat lined ly Alr. tsEzssxre.-I am a banker at Petersfieldl, and l a one partner, Mr. Uector. I remitted on the l5thoF January last tome money to London-the,oum of 1,0051. to Will'di.s and Co., 0i;tsi.tYmiei s. s * csasxmeuoke out the notes, and I packed w gm up. ihere was 8051. fn 51. and 101. notes, of different country bS ks, loOL 1n gold, and 501. in silver. The parcel .waa directed to Mccsss. Wilams itel'Eo., babikeis,, London. George Young, examined by Ar. BRODERICx..-.WaS IL clel Itn Januahry to Mr. Ben6raft. Put up theparcel and notea mentiened in the indictment. I took them out, an&l entered them in our book. Delivered it to F%.ilkener, the driver of the new coach from Ports. montlh, between IO and II ont themorning of the 16th. Cross-examined by Alr. ANnR&WS--Iam1 able to swear the lilt of the notea was correct. The parcel was madeup in my presenee by Alr. Bencraft, and I am certain all the notes were put in. 1H. Harding, bookkeeper, at the Fountain inn, Portsmouth,to the .Hero coachi, was called, on the morning of the 16th, to the coffee- room. I found three gentlemen there. They came, there in the morning. The prisoner was one of these -persons. They were in companr. They said, unless tbeycould get to the front ofthe coach to London, they would not go by the Hlero. I procured them the thtee tront places. I saw them get on the coach. Two got up at the door, one of whom was tle prisoner. The prisoner sat on the off- side, directly behind the coachman. By Mr. ANDREwS.-Have not alteretl my opinion since I met you (Mr. Andrews) at Unionhall. I now speak positively to tba man. I was positive at that time. I used the phrase "J believe Wilson was the meL." I now ami quite sure. On the second exa- min3tion i observed the man wore the same pantaloons he did at Portsmouth, which confirmned my opinion. I am a confident mran. Don't bodieve I make a mistake at present. A man in the coffee. room looked at the men so sharply that it drew my attention Francis Falkener, the driver of the Hero coaoh.-I received a parcel from Mr. Georgc YounK, at Petersfield. I got two parcels, which I placetd in a box under my seat on the coach-box: one was a paper parcel, the other a canvass bag. Ttxev were directed to Messrs. Williams and Co., the bankers, in 8irchin. lane. I locked tile box, and pult the key in my pocket. On that morning I took up four -passengers at Portsmouth. I saw Mlr. Harding, the clerk, at the Fountain. The three men sat on the front of the roof, and one on tlse box. They were on the coach when I put in the earceh. They could see mc do it. One of the men got idOWD at the brags, at Lambeth. Theotiers at the Elephantand Cas- tle. I cannot speak to hepersonoteprisoner. lexaminedthebox att the Spread Eagle, {n Gracechure-atreet. The parcel and bag svere gone. I ran to the banking-honee to give notice of tlhe loss, and returnet, and saw a skeleton-key in the lock of the box; it was a common picklock.key. I stopped a the Stags, at Lambech, about two minutes end a half. I went into the Stags. We stopped 20 minutes to dinner at Ripley. When I went to Unionuhall Hlarding was there; I saw him point out the prisoner in the passage to the office. Two men were then in custody. Cross-examined by Mr. ANDREWS._I said the other man, who hias been since dtischarged, was, on my belief, oae of the men, but r find I was mistaken since, at least there were two things I could not substantiate-his teeth and hair. I could not swear be was not one of the men. X have my doubts about hbin. That man satisfied thc magistrate that I must be mistaken. I don't affect to say that I have the least knowledge of the prisoner. ilr. Edward Tooth, a hosier and glover at Hastings.-On the 19th of Atarch last, prisoner came to my shop. Ile bought two pair orgloves, which came to 4s. 2d. Hegave me a 101. (Chichester note, and I returned him the clange. Prisoner would not take the half- pence of the change at first, but I went out to get change and then he took them. r went to the clerk of the Hastiigs &ank, andl in consequence of what I heard from him, I went after the pri- soner, I found him in the lligh-street. I -old him the note was a bad one. le said, " Oh, no, it is not bad; if' it is, I will give you another." I walked with hbn up the strept, until we got near the Bank. Hc attempted to go into a shop to give me another note. I said we had better go to the bank, and we went there. Mr. Gill, the banker, came in with a list of the stolen notes, which heshowed the prisoner, and told him his note was one of those stolen, and wishe(d to know how lie came by it. Prisoner said he took it at Brighton for silk goods he had sold to a Gneensey merchant. Air Gill asked him who he was, and where lielived. He said he was a coal-merchant, living at Burton-crescent, in London. Mlr. Gill sent for an officer. Before the officer came, the prisoner ofFered me a teii pound note of the Rve bank, in lieu of the other. The officer, Carpenter, came and searchcd the prisoner in my presence. The of- ficer took one pocket-book from his person containing several notes, and then some sovereigns. Cerpenter asked him if he had any other money, to which he answered " No." flis pockets were then emp- tlcd. The Town-clerk, who was present, desired the officer tomalee furtlher search andttake his clothes off. His boots were taken ofT. Mr. Carpenter took up from the ground two rolls of notes, near the prisoner. There were notes found on him besides those I gave him. Cross-examined by Mr. ANDREws..-The prisoner was in Ar. Gill's presenzce nearly an hour. The prisoner submitted readily to be searched, and said he travelled round the country, and received notes from a varietyofpersons. The prisoiser said, " This may beone of the stolen notes for aught I knew; but I got it from some person as I travelled round the country." A great many notes originally taken from him have been since returnedi to the prisoner. George Bristow Carpenter, examined by Alr. BaoDERicK.I am an officer at Hastings. I wvas sent for to the Bank on the 19th of March. I searched Cite prisoner, and found on Isln a pocket-book some sovereigns, and a little silver. Also r srew-driver. There Were some Rye notes in the pocket-book. I asketl hin if he had spy more notes, to which lie answered, No. I matle another search. he was reluctant to be searched. I observed something on the floor, from which the prisoner moved his foot. I picked it up. It was a roll of notes. In the seat of his drawers there was another parcel. which looked like notes. Something appeared to fall, which proved to be notes. Among them there were three of the notes said to be stolen. There were two 51. and a 101. note. I maiked my name upoR them, and delivered the notes to Air. Cope. By Mlr. ANDREwS.-A good deal of the money I took from the prisoner was returnet to Ihim, as there was nothing suspicious about it. Mlr. James WV. Cope, City-Mlarshal of Lonlon, examined by Mlr. TiseEssIrGER._I received certain notes from AMr. G. Carpenter. I kept the notes, which I produce, and also a screw-driver. The notes are in the same state as when I receivedl them. I wa.s present at the first exanmination of the prisoner pt Union Hall. Also at the secoiid, on the 14th ofApril. I saw Hatding there. Hepointed out the pri- soner to me. By AMr. ANDREWS.-I mean that Harding said he was one of the men who cameon the coach. There wvas another maii of whom the coachman spoke who was afterwards diseharged. G7eorge Young produced the bankers' booc, sn which the notes were entered, and compared the entry with the notes. There were two dl. Petworthi notes; two 101. Chichester notes. By MIr. ANDREWS.-There is no entry of the date of the note, but there is of the value. IUr. Bencraft recalled, and examiined by 1lr. AN DnEws.-TlhCre may be notes of the sanme number issued in different years, but-each are distiniguisliedi with a letter. The numbers are entered that the fiotes can be ascertained; the others of the same number may havc been In circulation issued in diferent years; two of theenotes have the letter D. on them. This closed the case for the prosecution. The prisoner, on being called on for his defence, assured liis lord. ship ana the gentlemen of the jury, that ha was innocent of the charge. It was so long from the tine of his aliprehension to its be. ing declared to him (only last MNfonday) that he was to be tried on this charge, that he had not the opportunity to ascertain whese lie was at the time when the robbery wassaid to be committed; or how, in hlis capacity of af dealer at fairs and markets, he had received the notes in question. The case then went to the jury, who returned,in afew minutex, a verdict ofgm,iltt,; and sentence of transportatieon for seven years was immediately pronounced against him. The case excited a great deal of interest in this county, as it was understood that the bankers have refused several offers to compro. mise, and receive back a Rreat part of the stolen preperty. A sum exceeding 1,5001. is stated to have been expendedt by Air. Bencraft in the tracing of the gang, vrhich, ahddedtothe value of the lost pro- perty, makes a great sacrifice on the pat of that gentleman to public SRUMBR A9SSZBS. LEMVES, XVEDNESflAY. AutT IR- 1*C'T7V. QTY,