as such alone the only verdict that Thomas Cole, the foreman of the the Jury could regularly give, or that Jury, was a white man, the other the Court could receive, was, sim- jurors were coloured men of the setply, one of Guilty or of Not Guilty. tlement. 'The Chief Justice said, that although On the last day of the Session, he conceived he had already mark- previous to the passing of the sen. ed, as distinctly as he could, with- tences on the other convicts, the out appearing to dictate to the Jury, Chief-Justice intimated, that it was his sense of the insufficiency of the thought proper to refer the case of evidence to convict the prisoner, he Pei, with his (the Chief-Justice's) thought it right now, lest there exception to the verdict of the Jury,

' should be any misconception, to say and the grounds thereof, to superior so expressly. It was not sufficient. authority in England. A statement

The Jury retired again, and re- of the case, with the evidence and a turned in less than half an hour, copy of the indictment duly authen. with a verdict-Guilty.

ticated, having been soon after placed The Chief-Justice observed, on re- in the hands of the Governor for that ceiving this verdict, that it would be purpose, the same was transmitted incumbent on him, in the ordinary by his Excellency to Earl Bathurst, course of his duty, forthwith to pass his Majesty's principal Secretary of sentence of death upon the prison. State for the Colonial Department. er, in one of the most awful forms Earl Bathurst, in consideration of the prescribed by law; but the same circumstances, thought it incumbent statute which enjoined that course of on him to recommend Peito his Royal proceeding, gave a power to the Highness the Prince Regent for his Judge to postpone the judgment if Majesty's most gracious pardon. he should see sufficient cause. Af. The pardon was duly received, acter the opinion which he (the Chief companied by an official letter to his Justice) had expressed of the insuffi. Excellency, and the prisoner was, ciency of the evidence, he would act in consequence, liberated without very inconsistently with himself if he delay. did not avail himself of this power : he therefore postponed the judge ment.

PROSECUTIONS AND MISCELLANEOUS CASES.

MALICIOUS ARREST.

ging of their merits, the defendant's

brother mounted one of them, set Court of King's Bench, Guildhall

, his groom-boy on the other, rode Tuesday, January 19. (Before them into some fields at no great disLord Chief Justice Abbot and a

tance from his stables, in DukeSpecial Jury.)

street, Manchester-square, and there MARQUIS D'Aoust, v. ELMORE. galloped them for some time. This

was not, however, sufficient to satisfy This was an action brought to re- the French nobleman, who, as he cover damages for a malicious arrest, was purchasing hunters, wished to without any reasonable cause. see how they would leap as well as

Mr Gurney stated, that the plain. how they would gallop. He theretiff in this cause was a nobleman of fore desired Mr John Elmore to leap distinction in France, and the defen- one of the hedges in the field, which dant a horse-dealer of some celebrity that gentleman promised to do, but in London. The insult and injury forgot to perform ; he made, how. which his client had sustained, from ever, several abortive attempts to the improper conduct of the defen- clear it, but succeeded in none, dant, were such as most imperiously owing, as Mr Elmore himself confesscalled for redress. The Marquis d' ed, to the weak state of his nerves. Aoust had come to England in Sep. The Marquis was much displeased tember 1817, partly with a view of at this trifling, and asked him, visiting the country, but chiefly to through Mr Bradley, if he did not purchase some English hunters, intend to let the horses leap, why he which of late years have become of had given them the trouble of gohigh repute upon the Continent. In ing into the country. To this Mr furtherance of this object, he was re- Elmore made no other answer than commended by one of his friends, a this, that they might leap the horses Mr Bradley by name, to visit the themselves if they choosed, but for stables of Mr Elmore, the defendant himself he must decline, as his nerves in this cause; and he did so visit them, were not too strong. The Marquis accompanied by Mr Bradley, who, and Mr Bradley did not however as the Marquis could not speak much follow Mr Elmore's advice; they English, served as interpreter be- did not leap the horses, though they tween the two parties. Two horses, did mount them to try their paces : one a brown, the other a bay, which and the result was, that the Marquis were at that time in Mr Elmore's determined not to buy the brown stables, particularly attracted the no. horse, though he thought of making tice of the Marquis, who said, that an offer for the bay. This was afif he liked their action in the field, terwards on the same day communihe would give two hundred andtwenty cated to Mr John Elmore, but no guineas for them. In order to afford bargain was then entered into. The ihe Marquis an opportunity of jud. Marquis was, therefore, not a little surprised at being arrested, within amined with the original; Mr Wil. two or three days of this circum- son, a sheriff's officer, the warrant; stance, at the suit of Mr George El- Mr Duke, the bailbond ; and Mr more, for the cost of two horses af. William Romley, the copy of judg. firmed to have been delivered to him ment of non-pros., which had been by the defendant in the present ac- sued out in the different periods of tion. He was in custody for some the cause of “ Elmore v. D'Aoust.” hours on this process, and was not Mr Spurr, of the firm of Kearsey released till he bad deposited the and Spurr, then deposed, that in money for which he was arrested, in consequence of his signing judgment the hands of the sheriff. So shocked of non-pros., the defendant's attorney was he at the treatment which he had paid him nine pounds for taxed had received, that he left England costs; the Marquis was, however, in the course of a few days, under still fifteen pounds out of pocket, in the impression that it was one of the consequence of that arrest, not to most inhospitable countries in the say any thing of the fee which had globe. Before he left it, however, been paid on the bailbond. he left orders with a most respect. On Mr Scarlett making an obserable solicitor to defend the action vation in this stage of the business, which had been brought against him, that no proof had been exhibited of as he was determined that Mr El the affidavit to hold the Marquis to more's scheme of bullying him into bail, Mr Gurney declared his intenbuying the horses should not be at. tion to call Mr Bartlett, defendant's tended with the slightest success. attorney, to prove it. When Mr Elmore found this to be Mr Bartlett then deposed, that Mr the case, he never dared to proceed John Elmore, defendant's assistant, in the action, though the money re- gave him instructions to arrest the mained deposited, and would have Marquis; he had no authority from been immediately paid over to him Mr George Elmore, the defendant, had he proved successful. He had personally. since discontinued the action, and Joseph Bradley, Esq. had known paid his (Mr Gurney's) client for the plaintiff for several years, who is that discontinuance. If he had ac- of great distinction in France. He tually sold him the horses, was it accompanied him on the 24th of Sepprobable that he would have acted tember 1817, to defendant's stables, in such a manner ? and if he had not where he (witness) acted as interpre. sold him them, was it to be tolerated ter. A brown horse frst attracted that such an outrage as this should their notice, and afterwards a bay be committed in a country like Eng. one: for the brown one hundred and land with impunity? He (Mr Gur. fifty guineas were asked, for the bay ney) trusted that the jury would, if one hundred and eighty. The he made out by evidence what he Marquis said that he would give two had asserted in his speech, show by hundred and twenty guineas for the their verdict of that day the decided two, if he liked their action. Mr abhorrence in which they held the Elmore would not at first accede to brutal conduct of the defendant El- this proposal, but showed them to more.

two other gentlemen then in the Mr Gurney then called his wit yard, one of whom he understood to nesses; on which Mr Thomas pro. be a Mr Lee, of Bexley, in Kent. duced an office copy of the writ, ex- After this he took witness into a

stable, and endeavoured to make and need not have frightened him. him offer a large price, by saying Witness then said, “Why did you that Mr Lee would give one hun. come here if you did not intend to dred and fifty guineas for the brown, leap the horses ? It was the wish of if the Marquis did not purchase it. the Marquis to see the horses leap, The Marquis, however, told him, and you won't let them.” He then (witness,) not to make any advance said, that the Marquis and witness in his offer; and when Mr Elmore might leap them: but for himself, he found that the Marquis was resolute, generally leaped his horses in the he said that he would take the two riding-school, and not in the fields. hundred and twenty guineas. This The Marquis, was much displeased. was communicated by witness to the The-Marquis and witness mounted Marquis, who said, that before he the brown horse, but neither of them closed the bargain he must see the liked it much. Mr Elmore then led horses leap, as they were wanted for the Marquis out of the field, and at hunting. It was therefore agreed the same time rode off at a very quick that the horses should be saddled pace on the bay. The Marquis then and taken into the fields. While dismounted, gave his horse to the this was doing, witness and the boy, and also his card; and added, Marquis stood in the gateway. John that he would give one hundred gui Elmore came up to them while there, neas for the brown, if he might be and said, that if the Marquis would allowed to make trial of it. This give him ten pounds more when he was on the 24th September ; on the returned to England, if he liked the 27th the Marquis was arrested at horses, he might take them on trial defendant's suit, at dinner, at Morifor two hundred and twenty guineas; son's hotel, in the presence of witif he did not like them, he (Elmore) ness. would then take them back, and re- Cross-examined by Mr Scarlett. turn the Marquis his money. The He was not bail for the Marquis. Marquis not liking this proposition The Marquis was so much alarmed rejected it, and the horses were in at the insult offered to his person, consequence taken into a field, calls that he left England immediately, ed Harper's field, about three quar- though not before he had put two ters of a mile from Elmore's stables. hundred and fifty guineas into Mr When they arrived there, Elmore Spurr's hands. He never left the galloped the horse round it, said that gateway at all, during this transache could find no hedge at which to tion, nor had he ever any conversaleap, and proposed going into the tion with Mr Elmore about keeping Grand Junction ground. Witness

Witness these horses at livery in his stables, then desired him to leap the gate or in case the Marquis should buy them. ditch leading to it; he said that he Mr Gurney here declared his case would leap it from the other side. to be closed. There was a hedge in that field, to Mr Scarlett then rose on behalf which Mr Elmore rode, as witness of defendant, and rested his defence supposed, with intention of leaping on these points: first, that Elmore it, but instead of doing so, he galo had either actually sold them, or loped through a gap. Witness said to firmly believed that he had; secondhim, “Will you leap, if you please?” ly, that as Elmore could have sold No,"

” said he, “ my nerves are not them to another gentleman for the strong enough,” It was a low hedge, same price, he had no occasion to

.

have commenced proceedings a. and he considered the horses to be gainst the Marquis, if his wish had then standing at the expense of the been merely to extort money ; third. Marquis, and not of his brother. In ly, that no prejudice ought to be ex. consequence of this idea, he refused cited against his client from his dis. to treat with any gentleman on the continuing the action, as it had been subject. Shortly afterwards they done by the advice of his attorney, came back, and desired two of dewho told him that he had better drop fendant's men to lead them over the the action, as he had an opportunity stones. Witness replied, that he of selling the horses to advantage. would set his boy on one of them, He stated, that under these circum- and to oblige them would ride the stances he did not expect they would other himself. Nothing was then be of opinion, that the arrest in ques. said about any leaping, nor is it custion was either malicious or without tomary to allow a gentleman to leap any reasonable or probable cause; a horse which he has not purchased, or that it was in any respect a trick over a hedge. When they got to to extort money. The remainder the field, they asked witness to leap of his defence will be best understood a small ditch, which he did; they by the following abstract of the evi. then wished him to leap a bank with dence which he called :

a ditch on both sides, which he reMr John Elmore, brother of the fused to do, deeming it unsafe; and defendant, said that he recollected as he persisted in refusing, the prothe Marquis d'Aoust and Mr Brad- position was at last dropped. After ley coming to his stables in Septem- they bad mounted the horses, and ber 1818, and looking at his horses. rode once or twice round the field, Mr Savigniac, a Mr Lee, and a Me witness asked leave to return home Gibson, were then present. Witness to attend to his business. They asked two hundred and forty gui. granted it, and dismounted, on which neas for the two horses, and never he got on the bay horse and trotted demanded one hundred and fifty for quietly home, leaving the brown one, and one hundred and eighty for horse and his boy with them. In a. the other of them. The Marquis bout twenty minutes afterwards, the offered two hundred guineas for brown horse was returned with a them. Witness advised them to message, that the gentleman would make up their minds quickly, as ano- not have either of the horses. Wit. ther gentleman was inquiring anxi- ness wrote on the subject that after. ously about the horses. He did not noon to the Marquis, but never rehimself understand French, and so ceived any answer ; he also went to conversed with Mr Bradley only. his hotel, but had not the pleasure Mr Bradley said that the Marquis of finding him at home. The next would take the horses for two hun. day, the interpreter, Mr Bradley, dred and twenty guineas without a and another gentleman, came to his trial, if they were warranted sound. stables, but he did not see them. After agreeing on the price, Bradley Witness made affidavit to hold the said the Marquis was not leaving town Marquisto bail, conceiving the immediately, and wished to know Marquis to have made a formal conwhat he would charge for each horse tract for the horses; if he had not, at livery. Witness replied, “ he would have treated with Mr Saguinea per week.” The two gentle. vigniac for the sale of them. After men then went away for half an hour, the Marquis had gone abroad, he

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