Page:The English Reports v1 1900.pdf/460
[101] Case 9.—Thomas Carnan,—Plaintiff; John Truman,—Defendant (in Error) [3d May 1788].
[Mew's Dig. ix. 728 (Carman v. Truman).]
In the month of July 1786, an action was commenced in the Court of Common Pleas against the plaintiff in error, for having prosecuted an indictment for perjury against the defendant in error; and the plaintiff in error having pleaded the general issue, the cause came on to be tried, and a verdict was found for the defendant in error for 135l. damages and costs, for which judgment was afterwards given in that court to the amount of 246l. 5s. in the whole.
The following is an exact copy of the record of the proceedings in the Court of Common Pleas:
Pleas inrolled at Westminster, before the Right Hon. Alexander Lord Loughborough and his brethren, Justices of his Majesty's Court of the Common Bench, of Hilary term, in the 27th year of the reign of our Sovereign Lord George the Third, by the grace of God of Great Britain, France, and Ireland, King, defender of the faith, and so forth: Rolls, 606 and 607.
London, (to wit.) Thomas Carnan, late of St. Paul's Churchyard, in the city of London, bookseller, was attached to answer John Truman, of a plea of trespass on the case, &c. And whereupon the said John, by Townley Ward, his attorney, complains, for that whereas the said John is an honest, just, and faithful subject of this kingdom, and as such has always hitherto lived and been held, reputed and esteemed, amongst all persons to whom he was known; and has never been guilty, nor suspected of being guilty of wilful and corrupt perjury, or any other such heinous crime, or of any deceipt or falsity whatsoever; by means of which said premises, he the said John, before the false, scandalous, and malicious prosecution of the said John, by the said Thomas hereafter-mentioned, had deservedly obtained and procured to himself the benevolence, good opinion, and esteem of all his neighbours, and other good and worthy subjects of this realm to whom he was known: yet the said Thomas, well knowing the premises, but greatly envying the happy state and condition of the said John, and contriving and maliciously intending to hurt, injure, and prejudice the said John, in his character and reputation, and to deprive him of his good name and credit, and to cause him to be esteemed and reputed amongst all his neighbours, and other good and worthy subjects of this kingdom, to be a person guilty of wilful and corrupt perjury; and to cause him to un-[102]-dergo the pains and penalties by the laws and statutes of this realm made and provided against those who commit wilful and corrupt perjury: and to cause him to be imprisoned, and be kept and detained in prison; and to put him to great charge and expence; and to vex, disturb, and disquiet him; and to make him undergo great hardships, pains, and labours, both of body and mind, and utterly to ruin him; heretofore, that is to say, at the general session of over and terminer of our Lord the King, holden for the city of London, at Justice Hall, in the Old Bailey, within the parish of St. Sepulchre, in the ward of Farringdon Without, in London aforesaid, on Wednesday the 4th day of June, in the 23d year of the reign of our Sovereign Lord George the Third, King of Great Britain, &c. before Nathaniel Newnham, esq. Mayor of the city of London; James Adair, one of his Majesty's Serjeants at Law, Recorder of the said city; and others their fellow-justices of our said Lord the King, assigned by letters patent of our said Lord the King, under the great seal of Great Britain, to the same Justices before named, and others, and any two or more of them directed to inquire of, hear, and determine divers felonies, trespasses, and other misdemeanors committed within the said city; falsely and maliciously, and without any just, reasonable, or probable cause whatsoever, caused, and procured to be indicted the said John, by the name of John Truman, late of the parish of Enfield, in the county of Middlesex, labourer:
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