314 ANNUAL REGISTER, 1816. 



defendant, which was indorsed 

 D. Shuter. 



T. Stucey, the constable at 

 Fain ham, stated, that he recol- 

 lected the plaintiff bringing a man 

 in custody on the 22d of Septem- 

 ber last. It was late in the even- 

 ing, and the witness was called 

 i\\) to take him into custody, as 

 the plaintiff wanted to return to 

 Chart. The parties in custody 

 made up their quarrel, and they 

 went before tiie magistiate. Dr. 

 Lock, to discharge the warrant. 

 The witness then applied to Dr. 

 Lock to allow him some reward 

 foi- being called out of his bed. 

 The doctor thought this reason- 

 able, and diiected the parties to 

 give him tvvoshillings. The plain- 

 tiff then said, he thought that he 

 ought to be allo»ved something 

 for bringing them six miles. The 

 magistrate said, no ; it was his 

 duty ; he took the office to save 

 himself from the militia, and he 

 must take the disadvantages. 

 Upon this the plaintiff replied, 

 " Then I will serve no more of 

 yo'jr warrants." The magistrate 

 asked, " Wliat is that you say, 

 Mayhew ?" To which Mayhevv 

 replied, " Send no moie of your 

 warrants to me, for I will not 

 serve them;" and added, in an 

 under tone, what the witness 

 thought was, " serve them your- 

 self." Upon this Dr. Lock or- 

 dered him to the cage imme- 

 diately. The witness told the 

 plaiiititf he had never seen a ma- 

 gistrate so treated before. 



Mr. Marryat, for the defendant, 

 took two objection?; first, that 

 the act of parliament directed 

 the notice of action to be indorsed 

 with the attorney's name, and ob- 

 jected that the letter D. was no 



christian name, and that Loid 

 Ellenborough had so ruled in 

 Kent last summer ; secojid, that 

 the conduct of the plaintiff was a 

 contempt, and that the magis- 

 trate had a right to comiiiit for a 

 contempt in the execution of his 

 duty. 



The learned judge saved both 

 these points of law ; and the jury 

 found a verdict for the plaintiff — • 

 Damages 51. 



Middlesex Sessions. — On Satur- 

 day, Sept. 21, George V'aughan, 

 Robert Mackay, and Geo. Brown, 

 were put to the bar, charged with 

 a conspiracy to induce William 

 Hurley, Michael Hurley, William 

 Sanderson, \\'illiam ^Vood, and 

 Dennis Hurley, to commit a bur 

 glary in the h.ouse of Mrs. M'Do- 

 nald, at Hoxton. There was also 

 a count in the indictment, charg- 

 ing the defendants generally with 

 conspiiing to induce cei tain per- 

 sons to commit burglaries, that 

 they might afterwards obtain the 

 reward for their apprehension. 



Mr. Gurney addiessed the jury 

 on the part of the prosecution, 

 and observed, that had the open- 

 ing of his learned friend been the 

 first information wiiich they had 

 heard of the case they had now to 

 try, it would still have been a 

 most important one : but in a 

 country like this,- where it was 

 impossible that popular discussion 

 and popular feeling should not 

 exist, it became doubly impor- 

 tant ; and he had now^ to call on 

 the jury to divest their minds of 

 every impression which they 

 might previously have receiveil, 

 and to enter into the present in- 

 vestigation coolly aiid dispassio- 

 nately, and to decide on the guilt 



or 



