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1E20 t© a mileed theoat 25Mr. Justice Bayley caked whether this statement was nsses- j a S3iy T^apfojisjr enplsQDtioa of tko cass Ifsfore (ho ? £39 if 1 ocot, it was calculated to escite o nreiciiee cgaiost the defend- If; ant, and was therefore improper, cod oegQ ESSt© bo made.Mr. Serjeant Cross. regretted fate hie Lordship obsald have p found it necessary to interfere. It was the carol practise to c give Gentlemen at the Bar credit for not introducing auto their speeches matter not applicable to the case under consideration- fccMr. Justice Baylev caid, ke_wao then to understand that this dioteniwt nnn nof.jwrsAPV’ to oldatif's COCO ? HThefibktr:_T£Kioase. 1 Inn,TtibS:ees-toee; ;n for 3 had =al ofthat taero ty of neet-;roao= withmag issed .hout ping ught i the rhen itopjstatement was necessary to plaintiff’s case ?• Mr. SerieateCcsso m:d' Us understood the defence to be, that the defendant bad eapelled the plaintiff from the house because it was hio, and had- beea surrendered to him by the plaintiff. This appeared upon that part of the plea in which it was stated that *the_ defendant had license to take all the property lying upon plaintiff’s farm.Mr. Justice Bayley said, that this did not in any wav touch the statement which the Learned Serjeant had been- making to the Jurv.«—-Mr. Serjeant Cross complained that he had great difficulties to encounter in conducting this cause.Mr. Justice Bavley said, that hio Learned Brother had no difficulties to encounter from him. He was only ansiono to prevent tne introduction of matter which, without benefiting the plaintiff, would have a tendency to create a prejudice ageiusfc the defendant.Mr. Serjeant Cross proclt; J_________k.__________ Me was sure it was not hioLordship’s wioh to throw any difficulties in his way. He felt bound to make this statement, and if he did not moke it now he wonld be debarred from doing so at any future stage of the proceedings. The plaintiff having, as he had already described, been ruined, a writ of esecution was last year taken out against the goods and chattels of himself and his brother White, in consequence of an action brought agaiost them by She defendant, in which judgment woa obtained. Their property, in September last, was seized by the Sheriff, a part of it was cold, and the remainder continued in his possession op to February in the present year. At this time the property, valued at upwards of eflO/. was assigned over to the defendant, and plaintiffs brother, Richard White ? under which assignment, the defendant now justified the present trespass. The Learned Serjeant, after some observations upon the hardship as well as the injustice dealt out totrards the plaintiff, and his mother and family, proceeded to read some parts of a letter, written by defendant to Richard White, who was a practisingandid atirtlyBslfJMUllUKlilLilXil3 Us, Earoa Bulloch].The CrimioaSBBcmeca of this County closed, wa have already stated, on Friday evening ? the whole of the prisaaera, then in custody, having been tried or postponed. But, late on Saturday evening, two prisoners, against whom -Bilband been found last Assizes, but who lias .sot beea taken until within a few dayo, were brought in from the neighbourhood of Manchester, ana lodged in the Castle. They gTO charged with a burglary of an aggravated nature, and-with an dttempt to murder.At nine o’elosk this mornings Mr. Baron Mullock took his seat on the Bench.The nriconers, MAURICE CAMPBELL, and MICHAEL WHITE, were arraigned, ahd pleaded ei Not Guilty.”concluded and agreed for him to keep Bell’s farm, and for tby mother and brother to live in Bell’s house, which is quite satisfactory to thy brofaa?; and we hope, with the 7G8J. which thou advances!, to cleari'them Iron's debt. C. B. Walker have thee put in as tenant privately, and he will draw a security for tbee upon the stock and crops for 700/., and I think that in the course of two years, they will be able to pay thee the whole.” This 700/. was given, and Richard became joint security with bis brothers for 300/. more, in consequence, of defendant’s promising to take out tb3 esecution. The esecution was thus got rid of, but not finally, as they found in May, that they were Gtill liable to it. And in May defendant began to sell tbeir goods. Mr. Richard White went down and protested against this proceeding, but defendant went on, and determined also to drive plaintiff and bis family from the house, in which they had trusted still to find shelter. The Learned Gentleman then proceeded to detail the facts which more immediately gave rise to the present action, os they were detailed in the following evidence John Atkinson, esamined by Mr. Parke : I live at Sand-hutton? 1 know a bouse and farm belonging to Mr. Bell, of Thirsk ; in May last it was in the occupation of Wm. and John White 5 John White had quitted another farm to retire into that? bio wife, mother, and family, were there with him at the time: on the 11th of May, about 11 o’clock, I was called upon by Mrs. Wm. White to walk into the house ; she was up stairs? about seven or eight o’clock the same evening 1 saw J. Morrill, the Bailiff under Mr. Arnitt, and another person enter, saying they were come to turn the Whites out of the house ; Pickering, the Constable, entered soon after 5 I believe the door was shut when Morrill first came; it was open when Pickering came ? there was a good number of persons with him ? eight or ten entered at first, and others came afterwards.Mrs. White asked Pickering “ what they wanted ?” and he said, they had Mr- Arnitt’s authority to turn them out of doors. At this time Mr. John White, his mother, Wm, White, and hio wife and children were in the house. 1 saw Mr. Arnitt come in, he proposed to the family, that if they would sign just a simple paper, or something to that effect, they might stop in the house ? the paper was, that they should give up peaceable possession to Arnitt and Mr. Bell, when the latter required it. Mr. W. White, who spoke in behalf of the family, told him, that they should never do any such thing. Mr. Arnitt then insisted, that the constable should put them out at the back door. Mr. W. White said, that if they must go out, they would be turned honourably out, at the front door. The constable called on othero to assist him, and seizing Mr. W. White, turned him out at the front door ? they then proceeded to turn out John White. About two hundred persons were assembled at this time ? John White resisted, and they seized him by the collar, and forced him out. Mrs. W. White was up stairs ? she too was forced out. I told them, that if she must be sent out, it would be enough to send two strong men to bring her down. I was at the bottom of the stairs, and saw the constable have hold either one or both of her hands, and some persons were behind pushing her, she struggled and waa pulled down stairs.On the cross-examination nothing material wan elicited. Jane Langstaff, a servant in the family of the plaintiff. George Cliff, and Francis Clough, proved that the plaintiff and his family were turned out as before described. The two last also heard the defendant say, that if the plaintiff did not sign a , lie would disinherit him of his property.. Richard White, the plaintiff’o brother* said, that he advanced 700/. and paid it to Mr. Arnitt 5 he also joined bis brother in 0 QQte for 300/., and was to have had security on stock and crops. He went to Thirsk on hearing of the celling off of the effects 5 1 am not aware of • having told Mr. Arnitt that he claimed an interest in the effects in John’s house.Cross-esamined by Mr. Scarlett : He had o correspondence with AraUt before the receipt of this letter, and very probably afterwards also? be did know when my brother William X7ent to prison 5 he did not know whether he took the benefit of the Insolvent Act pr not, but it was reported that he did.Re-esomined: I fouqd my brother John and ray mother living at Bell’s house when I was at Thirsk,Here the case for the plaintiff closed. .Mr. Scarlett (with ivhomwere Mr. Brougham, Mr. Williams, and Mr. Tyndal) addressed the Jury for the defendant. The Learned Gentleman entered into a history of the money transactions between the parties, and contended that the defendant bad on undoubted right to act no be hod done, in order So save himself from still further losses. With respect to his taking possession, he hod on undoubted right to do so, as the farm had beep made over to him, not by the plaintiff, who never - had been tbb tenant, but by hi3 brother William, who had be-Mi * n^lgacd, ahd pleaded Not Gmlty. come insolvent. As to the assault, the Jury would see that uciniJwLa more force than necessary had been used, and if they gave l *n verdict at all, they would surely not think of giving more thanone farthing. The Learned Gentleman then called the following witnesses.Charles Walker esamined by Mr. Brougham : I am attorneygentleman had come to himself and his fellow prisoner, yesterday, and promised to provide them on attorney this moro-Baroa Hulloce osked, who the gontlemaB was ? and where he lived? ■The prisoner cold, he believed he resided in this town.Mr. Baroa ISuLLoctr: Do you wish to have your trial postponed until yon see this gentleman again ?The prisoner: Yco if your Lordship pleases, One of the Turnkeys said, that a gentleman Earned Harrison, had promised to cend the prisoners an attorney, but had not yet cone m,Mr. Barca Hulloce directed tho turnkey to try and find out this Mr. Harrison, and in the meantime, postponed the trialuntil to-morrow morning. His Lordship then proceeded to try civil causes. ——CIVIL SIDE.pleadings. He elated that this woo an action against the defendant and several other persons, for a trespass committed in violently entering the plaintiff’s house, seizing hio gcodo, and turning hio end kin wife and family into thenigh road.— The defendoBto pleaded first, that they were not guilty, and cecondly, that they were j notified in removing the plaintiff from the premises.Mr. Serjeant Cncso etatei the plaintiff’s ease. The Jary bad heard from bio Learned Friend that;the plaintiff in this case came into Gears to ccek redress for a violent and unjustifiable trespass and assault, committed upon him - and bio family by the defendants. To this ebargs tfeo defendants entered ‘1 Mievoeveral pleas? first, they said may were not^ guilty? and cecondly, they eptered . ceveeai pleas M '■ jneUfisarioa—oaofor the defendants 5 I am agent for Bell’s trustees: I know the house in question 5 it belonged to Bell's trustees ? win. White, ths plaintiff'a brother, had been tenant 5 he went to gaol in February last ? in September, last year, it was proposed by Mr. Arnitt, that the farm should be let to Richard White, John and William were present, and joined in this proposal; this was not carried into effect 5 I caw Mr. Livesay, one of the trustees; W. White had been a tenant some years ? he brought his last Michaelmas rent to me, but it was furnished by Mr. Arnitt? i accounted to Mr. Livesay for it ? it was proposed by the trustees about this time that Mr. Arnitt abould become tenant ? 1 did not communicate this to Mr. White, bus he must have known of it ? Mr, Livesay agreed to accept Mr. Arnitt as tenant? I can’t cay that Mr. White agreed to this? I saw Wm. White frequently after this ? he lived at Sandhutton, within about 69 yards of the house ? Wm. White has paid no rent since Michaelmas, Mr. Arnitt paid it ? Mr. Arnitt was in possession ? I haveown crop was cold ? I doa’e know who put him there ? be had before bcan living upon a farm of Mr. Hodson’c ? he paid me Ms rent? IhaveceenMr. Arnittthere with John ? Jarvis, the mannf nhl'h rmn thnt thw hr* n nSaio- lEe SQerui ? n caw ceo noma ci itichard White after on thettifPo^promisro^^aE^leSe^ci^n ar^oa tb^in claimed os cort* °liha ?Pd “r:„ --------„ .... frequently present when Mr. Arnitt gaveotriera ? witness was there on the 11 th of May.Cross-esamiaed by Mr. Serjeant Cross : The security upon the stock and crops, mentioned in the defendant's letter, was never given ? no oecurity was given, cscept the assignment ef the Sheriff 5 I enw-Cho cams of Richard White after on thetiff’c promises nnd'csiso certain articles : the property of the defendant Aroit? fence was smguter ear”''*' *r'n was ctill more singola.. __________t,—.--------that resnectable body called fjoakera ? ho assumed tb -ers aud laagnaire and adooted their drr*The nature of the de- I » it had previously been conveyed over to Mr. HowardMad;had then the honour of. addressing them. Bntoppsrtedrekol ^2 assigmnent. {by hifelt himcclf by tbs jastufcaf hio case, he feared cos tocDSOcate? I » Sliced Chapmen wcstae Skeriff’o Ourer who went id with Eleven the great odds opposed to him and Ills Friend — I esecateoo upon the gcado of J. and W. White, so Ssptem. I that I- ... • J oppsssd to him and his Learned Frisnd.-The nature of tee defense which he understood was to be ec-i up, rendered ilfiesessaiy that he ehonld.qcsupy the time-of ifalt;Jury a§ comOtffiS greater length., than,.under different eirornn-ctaeceo, he ‘should think it ncsesasy to do, The principal defendant is this saaa !wes, as he had already told then*, a am of singular tfkprcste?? fin was well kcown in Camho was, in the' to^a is Which he lived, s gerfest mansgajber o3 trades and wco a waoa mszy-lender, ’ * T' ~J! s“psrtecs ixuco jynsjKj. sbuevu, uuucommenced' life tmder.inosS favourable prospects? he had bequeathed E him by fils father as estate of IG'd acres of land,bsr, S8S 5 he caid to. the amoonSof 1,2231.5 ks frequently caw 1 ofca the .Whites there. Some property remained at William's form, I foreif and they (William ond Johnl requested Mm not to cell it, aa I •« | they were in hopes of being able to retain a part. PJr. Arnitt | tares, consented to this arrangement 5 the goods were left in poa j perte cession ef tbs Sheriff at their request? he remembered J. White J Indie, being pat into dbouse cssupicd bynfriend oaBell’o farm during | daty ( theeafs ? they jointly prevmisdoa Mm-Co go there to'give the to-. I from cant? who was going to bayshe stock acd crops, possession, IVil- per cc Ham was .then living at Cooperin' Cam 5 fie learned nothing f Nelhc from William or John of the interest Mr. Arnitt had in Belix I toscd farm. He coatinued there until the_Shsriff'made the assign- up evij,. —. , afforded him, by edvacosa of cEEry, firiMcp oj ic»j 008,0 ^ insteded fadulgiog in vcriocs cpeschtioao 5 the canssqusnro Ci wfash was, GiA!2I7M^'Prii'poaa^egs, c. . Byshat the plaintiff treat on until bs wcs^lccS, end Gto dsfisn- ; ^ F^ria rent oat Blamidcaebssfcse$hbpcfcxsd(cjtMocaas IkocEatceercm^coperio Hs,?'there waa nothing_____________der the taesaUaa 5 witE0C3paisl over 1200/., the prcdoso of the fj in Llo sale to Mr. Ami'S ? tho core wo3 not included Iq tho emirm-
Newspaper Details
Morning Chronicle
London, Middlesex, GB
Wed, Aug 11, 1824
Page 2
Full Page
Clipped by
Anonymous
CA 22 Jun 2024
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