Court Of King's Bench, We...
The Times, 1824-12-13T00:00:00

L Zsl was an action on a bill of exchange for 250l., accepted by the d efendant, bearing date June 13, 1820, payable 8ix weeks after date to the order of the defendant's brother, and endorsed by him to the plaintiff, who is the well-known Captain Johnson. Mr. SCAIT.MTTT, for the deferndant, Tested his answer to the ac- tion an two grounds_.first, that the bill lhad been discounted by Cap. tain Johnson at the uSurious interest of 10 per cent. ; and second, that it had been renewed by several successive bills, the last of which was paid. To sustain this case, the searned counsel called John Fulbrooke, the drawer of the bill, who swore that it was discounted by Captain Johnson at the interest-of 10 per tent., which he deducted from the proceeds, and that it had been several times renewed, and at last paid. He preddcetd two bills a3 the intermediate bills, but not the last, balf of which, the defendant burnt in prison, and the other half of which had been lost. To throw discredit on this case, a witness was called, who stveet tharhe would notlbelieveJohn Fulbrooke on hiS oath. It however appeared that he was now fn the erhlploy of Captain Johnson as a builder of sutt-marine botts. 'ithe LoRa CHisp Jus,ricE left the jury to decide the case ac- coling to the credit they stave to the re.-r cttve witnesses. e rJy ele o afa Or andg then returned into Court he Juy retired for hA f 1Or v'ith. Vresit for tl,c defendant. FiANCrs V. 5tEYDErAW. T1Ii. (vaa art action by Mlr. Francis, a grocer, in Earl-street, against Dr. Heydeman, a foreign physician, to recoyer damages for an assault and false imprisonment. Dlr. Brtous tA slhortly opened thecaae on behalf of the plain: tiff. A lady, calling herself ilUrg. Crosvenor whose slarie he rmen- tioned without hesitation aR it woAld probably give little informa- tion as to the bearer, ha ttleft E1arl-street in debt to iflr. Francis in a sum 6f about 18 shillings. Hc traced her to Shepherd's Bosh* and, having takeh nait a summons against her from the County Court, preceeded en the 25th of dlMiy in person to serve the phicess. When tie arrived at the house, Dr. Hevydeman appeared, and insisted on his quitting the premises. The plaintiff refused to go until he bad seen Mrs. Grosvenor5 on which the Doctor sent for a constable, and desired him to lock up the intruder. The constable, however, pru- dently ddlmined to obey the order; wlhen Dr. Heydemar. directed hini to conyey the plaintiff to Hanimersmith, where a nagistrate Was sitting. In consequence of this command, Alr. Francis was taken a di,sttance of -a mile and a lialf to a xisgistrate. who in:medi- ately dismissed the com.plaint, and ndvised the prisoner to seek redress by action. In pursuance or this recommendation, the case was now brought beFore the jury, who woadi give such lamages as might comipensate a respectable tradesmani for be- lng taken throigh a populous neighbaurhood in the custody of an o cer, and teach this toreign doctor a fitting respect tor the riglhts andt feelings of others. John Bailey, a constable of Hammersmith, stated, that on the 25th of Alay, Dr. Heydeman caipe to him, and desired him to go to Mrs. Grosvener's honse and take the plaintiffinlocusiody. I e ac- cordingly went to the house, where the Doctor did not reside, and found Air. Francis on the footpath. He desired him to go away; but the plaintiff said he should not go till he had seen .MIrs. Grorve- tier, against whom he bad a summoins from the County Court. The defendant then ordered him to lock the plaintift up; but be refused to do so, as there was a mnagistrate sitting at Hammersamith. Alr. BROPGI1A.f..YO0I gave him some advice for nothing, I be- lievP,.*1hich was ulare than lie would (lo for you. (A laugh.) rhe witness..I advised ahin to conmpromise the matter. Mlr. BuouG MrAM.-That was very wholesome advice; which is mole, perhaps, than could be said of thc Doctor 's. The witnesS-But he woulti not take my advice, Sir. slr. BtouoltA31..Tl,en do not you take liis. (Laughter.) The witncss, in coutinuation, stated that the Magistrate dismissed the complaint, after Mlr. Francis had been detained about three quarters of an hour. On Troas.examination by the CoMMoV SEIiGEA1JT, the witness stated that, by recommending a compromlse, tie meant to dissuade the Doctor from making the charge. The defendant accused the plaintiff of making a disturbance at the door, but hedenied it. There were a dozen or 20 people, chiefly boys, collected about the door - but they ,tere not making a riot when he saw them. It was proved that a umrnmons had been isstied against Mlfrs. Grosvenor for some- thing more than 18s. at the suit ef thle plaintiff: The CorNrOw SERGEANT addressed the jury for the defenldant. There must, he admitted, be a verdict for the plaintiff, as no breach of tbe peace was committed in view of the constable. and therefore the imprisonment coulil not be justified. When, however, the jury observed that the plaintiff was attempting to serve his own process, which was a course undeserving of sanction, that. he collected a number of idle persons about this lady's house, and that he had really sustained no injury, they would probably think a farthing suflicient, more esliecially as that farthing would carry all the costs; and if they liad ever to pay an attomey's bill, they would know how to estimate the liability which the verdict would draw 'after it. The LORD CElur JUSTICE said it was quite clear that the de- fendant had committed an unlawful act, and the only question was, what damnages he ought to pay. Something had been said respect- ing an attorney=s bill ; but if any of the jury had ever brought an action and succeeded, he would know that a successful party had usually something to pay to liis own attorney beyond the cpsts al- lowed on taxation. The Jury fcund a verdict for the plaintiff-Damages 101. I COUJRT OF RING'S; RWIIt r n-- ii Jo HseN v. FU.LBROO ;E.