The British Press; or, Morning Literary Advertiser. — 1825-05-16 (London, England)

COMMON SE RGEAN T—ln your schedule of damages you have made no charge for the drowned man. Mr. BR OVOITA m admitted there was no charge made, but there might possibly have arisen a charge of murder, if loss of life had attended this illegal proceeding. He implored the Jury to take this peculiar injury of the plaintiff into their consideration, and award such damages as would prevent a recurrence of a similar outrage on the part of any assumed authority of petty jurisdiction. Documentary evidence was first put in, containing a series of admissions of the parties in the cause, relating to the duties of issuing the processes, the names and authorities under which they paosed, &c. Several witnesses then proved the execution and sale of the goods ; the protest against both, and a counter-protest made by the auctioneer, as well as the nature of the mining machinery seized, and the prices paid for it. William Knight was clerk to the plaintiff at the time of the sale. He heard one of the defendants say that the mi e was a good one, and if he had money to work it he could make enough by it to ride in his carriage. Several persons had debts due to them from the mine. The mine stopped working after the first of May, in consenuence of the injunction. William Pcncrease, agent to the plaintiff, stated that the mine, if profitably conducted, would produce a clear profit of 6901. per month, by employing 120 men. Mr. CliilCoCli. a solicitor, of Cornwall, stated, that it was the practice of the Vice-Warden's Court to grant injunctions, and order the sale of mining machinery and stock fur the payment of debts.  This was the plaintiff's case. Mr. De WMA sr addressed the Jury for the defendants. It was a case which required that compensation should be made to the plaintiff for the loss he had sustained ; but he had not proved that he had sustained any loss by not working a mine which might have entailed on him a heavy loss. Mr. Hall represented himself by his Counsel as a man of wealth ; why did he rot pay his mason and his blacksmith, which would have prevented all the present proceeding!? Mr. Hall purchased the mine in 1120, and an 1822 he was beginning to work it with fourteen men, not one of whom was called to prove what sort of ore lie got, or whether the mine was likely to leave a profit or a loss. If there was any profit, the books of the party would be produced. The witness Pencreane, in the warmth of his imagination, stated the profit that might be made at six hundred and ninety pounds a month, but he was obliged to admit that nothing had been made, nor waathere any evidence that he could have worked the mine to any advantage during the time die plaintiff was in possession. It was' the established custom in Cornwall to sell the tr.,rterials of mines for the payment of debts incurred in working them; and the defendants had no notion that they were exceeding the law when they made the sale. They only wished to receive payment of their debt, and had Mr. Hall paid them, the proceedings would have been instantly stopped. He lamented that the plea of justification hail been withdrawn from the record, as he conceived it could be well supported by the custom and the facts. At all events, nothing more was necessary to get rid of all the inconvenience, but that Mr. Hall should pay his debts. Two days before the sale, indeed, he offered to pay the two creditors who had commenced the proceedings ; but then it was impos. aible to restore nim the property. unless he paid all who had then proved debts against the mine. The action was an e•.periment on the credulity of the Jury, in the expectation that a greater profit might be made of the mine in that room, than even could be made of at in Cornwall.  The Under• Sheriff charged the Jury, that as there was no evidence of any malicious intention on the part of the defendants, they were only called on to remunerate the plaintiff for the actual loss he had sustained.  The Jury retired for a short time, and returned a verdict—Da• mages, Nine Hundred Pounds.