APPENDIX TO CHRONICLE, 507 
Judges: I have not yet had the 
opinion of the Barons of the Ex- 
chequer ; but the opinion of the 
Judges of the Courts of King’s 
Bench and Common Pleas was 
laid before me yesterday, and that 
opinion is,—‘* That no solicitor 
is authorized so to act.” ‘ The 
same is the opinion of the Master 
of the Rolls, and of the Vice- 
Chancellor likewise.” 
Baillie y. Warden.—This was a 
writ of error from the Common 
Pleas, in an action of trespass 
and false imprisonment. In the 
Court below the names of the par- 
ties were reversed, Warden v. 
Baillie, and the facts that appear- 
ed were shortly these :—The late 
Mr. Whitbread, as Lieutenant- 
Colonel of the Bedfordshire Lo- 
cal Militia, issued an order that 
the serjeants and other non-com- 
missioned officers, whose duty it 
was to make certain official re- 
turns; in order to render them 
more competent to their duty, 
should attend a school, at the 
head of which was placed the Ad- 
jutant. Warden was a serjeant 
in the Bedfordshire Local Militia, 
and with others was directed to 
attend this school, which he neg- 
lected. For this disobedience he 
was reprimanded by Mr. Whit- 
bread, on the Ist December, but 
repeating it, he was ordered to 
attend parade on the 2nd De- 
cember, where the Adjutant, Bail- 
lie (the defendant in the Court 
below), put him. under military 
arrest. From thence he was con- 
veyed, by order of the Lieute- 
nant-colonel; by a military es- 
eort to the public gaol, and de- 
livered into the hands of the 
gaoler, where he remained until 
the 24th December, when he was 
liberated from prison, and put 
under a guard in his own house; 
from whence he was sent to Stil- 
ton-Barracks, remaining in con- 
finement there till the 12th of 
March. The action for this ase 
sault and false imprisonment was 
commenced on the 27th June fol- 
lowing, Such was the plaintiff's 
case ; and on behalf of the defen- 
dant it was urged at the trial, 
that the school had been esta- 
blished because the  serjeants 
were incompetent to discharge 
the duties assigned them by the 
articles of war; that when an- 
other serjeant, named John 
Hooper, was admonished for 
not attending it, the plaintiff 
Warden addressed him in_ these 
words—* D— your eyes Jack, 
don’t give up—don’t goto school. 
I will soldier it with any body, but 
1 will not go to school. 1 will 
not be made a boy of: I hope 
they will settle it before post, that 
I may write to my father, who will 
see me righted though it cost 
2001.” Upon which a serjeant, 
named Smith, observed, that such 
language was enough to excite a 
mutiny, It was also proved for 
the Adjutant Baillie (the defen- 
dant below) that he acted under 
erders of Lieutenant-colonel 
Whitbread, who, in consequence 
of the conduct of Warden, and 
the language he had used, wrote 
to General Pigott, commanding 
the district, through whom War- 
den was brought to a General 
Court-Martial at Norman-cross; 
and: being acquitted, -was dis+ 
charged on the 12th of March, 
after the sentence had been conr 
firmed, ' 
| Upon these facts a verdict wae 
X 2 
