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Middlesex, Sheriff of, Rex v. Page 532 Rex v. Calow, Inhabitants of Page 22

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CASES

ARGUED AND DETERMINED

IN

THE COURT OF KING'S BENCH,

IN

Trinity Term,

In the Fifty-Fourth Year of the Reign of GEORGE III.

1814.

BENNET and Wife against WATSON and Another.

Saturday,

June 11th.

A

the peace

mit a feme

is a material

upon a

(the charge of

felony

fore him,

refuses to

appear at

TRESPASS for assault and imprisonment of the justice of wife. Plea, Not guilty. At the trial before may comThomson C. B. at the last assizes for Kent, the covert who case was this: the defendant Watson was a ma- witness, gistrate residing at Woolwich, and Newhall other defendant,) a constable of that place. On brought bes the 1st of January 1813 a person having been and who apprehended on suspicion of felony, and carried before Watson, the plaintiff's wife was examined to give evias a witness against the prisoner, and after her find sureties examination, was desired by Watson to procure pearance. her husband's recognizance for her appearance at the next quarter sessions; to which she said that she could not procure it that day, but the next day her husband or somebody else should

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the sessions

dence, or to

for her ap

1814. enter into the recognizance. Upon this promise, she was suffered to depart, but not keeping her against word, on the 13th of January following was Watson. sent for by Watson, who again requested her to

Bennet

procure her husband or some other person to be surety for her appearance to give evidence at Maidstone, where the sessions were to be holden; to which she answered that she would not go, and nobody should make her. The matter was then explained to her fully; and an hour or

was employed in endeavouring to persuade her; but she continuing to refuse, was at last told that a warrant would be signed if she refused; and on her still refusing the warrant was signed. She was not, however, taken into custody that night; but by leave of the magistrate slept in her own house, and on the next day was conveyed by Newhall inside the coach to Maidstone, where (on the 15th) she gave evidence, and the prisoner was convicted; and without her evidence he could not have been convicted. The warrant was directed to the constable of Woolwich, to convey and deliver into the custody of the keeper of the gaol at Maidstone, and to the keeper to receive into his custody the plaintiff's wife, she having subscribed her deposition in a case of felony, &c. and being a most material and necessary witness, on behalf of the king, touching the said felony, and refusing to appear at the next general quarter sessions of the peace to give such evidence as she ought to give, and refusing to find due sureties for such her appearance, in contempt of the laws and against the peace, &c. and her safely keep until delivered by due course of

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