186 ANNUAL REGISTER, isir. 



prisonment the plaintiff had en- 

 dured from March, ISlSj to Fe- 

 bruary, 1814, since the illegal 

 conduct of the defendant had been 

 the occasion of it. There was no 

 ground for charging him with 

 personal animosity ; but it was to 

 be lamented that he had shared 

 in the prize money obtained by the 

 execution of liis unjustifiable or- 

 ders. With the motives of the 

 party the jury had nothing to do : 

 it was their business to assign to 

 the plaintiff such sober and rea- 

 sonable damages as the injury he 

 had suffered appeared to require. 

 The question regarding the pecu- 

 iiary injury was removed from 

 their consideration. 



The jury consulted for a few 

 minutes, and returned a verdict 

 for the plaintiff damages 1000/. 



A verdict was also taken for 

 19,000/. the damages stated on the 

 other counts of the declaration, 

 subject to the award of Mr. Taun- 

 ton. 



COMMON PLEAS. 



First Sittings in Hilary Term, before 

 Justice Dallas. 

 Westminster, Jan. 24. 

 Fisher v. Jebb, Esq. — Mr. Ser- 

 jeant Vaughan stated, that the 

 plaintiff was an army-clothier and 

 tailor of great respectability, resi- 

 ding in Duke-street, St. James's, 

 and sought to recover from the 

 defendant. Captain John Jebb, of 

 the Royal Horse Guards (Blue), 

 the sum of 24/. fcr a remarkably 

 large and handsome cavalry cloak, 

 lined throughout with silk oil-skin, 

 water proof, and made to order. 

 The learned Sergeant obser%'ed, 

 that had the defendant foitunntelv 



been engaged with his regiment 

 in the ever-memorable battle of 

 Waterloo, instead of continuing 

 at Brussels, he would, in the tem- 

 pestuous weather preceding that 

 eventful day, have found the great 

 comfort and advantage derived 

 from the very superior article fur- 

 nished by his client. After, how- 

 ever, keeping the cloak nearly 

 three months, it was returned on 

 the plaintiff's hands, with the al- 

 legation that it was too heavy and 

 cumbersome to wear ; but the 

 truth was, the defendant then had 

 no further occasion for it, being 

 quietly in quarters at Knights- 

 bridge barracks. He should call 

 his witnesses, and prove his case, 

 when, he was persuaded, the jury 

 would find a verdict for the plain- 

 tiff to the full extent of his demand. 



Mr. James of Coventry-street, 

 camp equipage-maker, was the first 

 witness called, who stated, that 

 on the evening of the 25th of 

 April, 181.5, the defendant, Capt. 

 Jebb, called upon him, and re- 

 quested a recommendation to a 

 military tailor of eminence, as he 

 wanted a very large cloak to take 

 with him on service ; that it must 

 be made under his own order, by 

 a person thoroughly conversant in 

 the business ; that knowing plain- 

 tiff worked for General SirLo^vry 

 Cole, and many other officers of 

 high rank, he accordingly recom- 

 mended him to Captain Jebb. 



Wm. Gathard, the plaintiffs 

 foreman, was next called, who 

 proved the order ; that the defend- 

 ant is upwards of six feet high j 

 that the cloak was to have a hood 

 to cover the helmet ; capes of an 

 extraordinary size ; that it was to 

 be made very long, so that it 



might 



