Assault by a Sheriff-Officer's Servant
Thomas Monck, a servant of Mr. Worth, bailiff, of
Harborough, was charged with committing a violent assault upon
Mr. John Loake, of Rowell, under the following circumstances:--Monck and a man
named Calverly, were employed by Worth to execute a warrant upon W.
Morris, of Desborough, for non-appearance at the Sherriff's Court in
answer to a summons. The method adopted by Mr. Worth in these cases is
to distrain a small amount of property and lodge it in the hands of the
constable with the view of compelling an appearance, after which the
property is returned. In this instance the men were in the act of
removing some goods, when complainant, who is the landlord of Morris,
went to the house and attempted to prevent the removal of the property
until an arrear of rent was paid to him. A scuffle took place between
the parties, and Monck drew a constable's staff from his pocket, with
which he inflicted a heavy blow or blows upon Mr. Loake: he then gave
way and the goods were taken away. Witnesses were called by Mr. Abbey,
on behalf of Loake to prove these facts. Mr. J. Briggs, of Leicester,
conducted the defence, and called Calverly to prove that they were
legally executing a warrant, which was produced in evidence. The
magistrates considered it a very strange sort of document, and on
examining it found that it only authorised a personal distraint;
no mention was made of property; and the distraint was to be made by the
bailiff, assisted by constable or other legal officers. Monck's name was
not mentioned in the warrant, and he had never been sworn to act in the
capacity of a civil officer. Under these circumstances his drawing a
staff and using it in the professed character of a constable or legal
officer was a great aggravation of the offence; the magistrates
therefore fined him in the full penalty of £5. Mr. Briggs asked if
the decision was unanimous, to which Mr. Wetherall replied that though
not bound to answer such a question he would say that four were in
favour of the conviction , and one thought that the case might go to the
sessions: they were unanimous as to the amount of the fine. Monck said
he could not pay, and his committal for one month was prepared, but when
he got to Northampton the money was produced.
Leicestershire Mercury,
Saturday 13 June 1840