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