A Common Barrator

TO THE PUBLIC IN GENERAL
And the PROFESSION of the LAW in particular.
The KING against WILLIAM WARD

THIS most important and novel case came on to be tried at the last Northampton Assizes, the defendant being indicted as a Common Barrator, and there being no less that 30 cases against him of moving and exciting frivolous and vexatious suits and controversies. He was one of those pest who, having no pretensions or qualifications whatever, seek and obtain an infamous living by fomenting broils and quarrels, and stirring up strifes and controversies indiscriminately, amongst all classes of society, and whose vile proceedings, while they destroy their best interests, bring into public scorn, execration, and infamy, an honorable and liberal profession, by passing themselves off as Attorneys, and each successive delinquency brings odium upon the legal profession.

The above named defendant has lived by the wages of fraud, perjury, and oppression for 25 or 30 years, and might have continued that course for as many years to come, if living as long, but for the spirited and unwearied exertions in mind and body, and exhaustion of purse, of one individual, Mr. EMPSON, Solicitor, of Leamington, who had the courage, single handed, to attack, combat with, and vanquish this hydra, for so many years the scourge and dread of a very extended circuit, and held in such terror as to create a belief that he was invincible.

One day he prepared a will and the next procured a sham revocation to destroy it--waited a short time for the death of the testator, and then set up the revocation, in opposition to the will--counselled the person who, in the absence of such will would have been entitled to administration, to swear that the deceased died intestate, well knowing the contrary, and so obtained administration of those very effects already vested in the executor--brought action upon action against the party intitled under the will at the suit of the false administratrix, some in trover for goods that were never possessed by any one, others for trespasses never committed, &c. &c. regardless of getting her into custody, and being kept there for costs--seized the goods of the tenant in the house, and the hay of the landlord in the close obtained judgment in ejectment by a gross and abominable perjury of his own, in swearing to the service of a declaration in ejectment never served at all, and when such judgment was set aside by the court, swearing and suborning the foulest of perjuries to sustain it, and where the party so persecuted called in the aid of magistrates for summary redress, bringing actions against them--bestrewing their table weekly at Petty Sessions with notices and threatening papers--moving applications to the Court of King's Bench against such magistrates, for no motive but vexation--and openly and audaciously declaring that it was useless for the prosecutor to get judgments, for that as soon as he did so in one action, he should have two more brought, and so on in succession, until being worn out with expenses, he should be compelled to relinquish all his just and legal claims. Thus one man was involved in no less than 13 suits, at an expense of £600, respecting a property not worth £100 after paying off the mortgage.

He arrested another (John Henson, of Brixworth), in the Court of King's Bench, for a false and fictious debt, and being foiled by his bailing it instead of going to prison, arrested him again in the Common Pleas, the action being equally pretence-less, and when again defeated by bail, gave notice of trial of the first action in York Assizes ready for trial; but he never dared to bring forward the cause.

He arrested another man, Thomas Wallis, of Naseby (a labourer with a family), for £20, who did not owe him a shilling, and when the Court of King's Bench set aside all the proceedings, he immediately, in defiance, commenced another equally groundless action against the same man, and some months afterwards seized all his good.

He ruined an honest farmer, John West, formerly of Weldon, but now reduced to the greatest poverty, and living at Desborough, having seduced him to commence an action against one Noble Lord (Cardigan) his landlord, and others, and to resist the claims of another Noble Lord (Winchilsea) also his landlord for the rent of his farm by which the rent was lost--enormous costs created, and the tenant sent to prison until his lordship most generously discharged him.

He applied to a Mr. William Chapman, a respectable gentleman, and William Palmer, a farmer, both of Foxton, Leicester, to lend him money, begging them to write in reply by the driver of Pickford's Van, by whom he stated the letters would come more direct, they did so, but not sending the money, he caused two actions to be brought against them, and they unconsciously offending against the law, by his own procurement, involved the former in enormous expenses.

Considering the number of cases got up, and ready to be proved at the trial, the expense could not be less that £400, and the labour must have been intense, and all falling on one individual, making the costs of the trial and the suits, not less than £1,000.

The case was tried at Northampton Assizes, on the 5th of March last, and occupied the attention of the court and jury from eight o'clock in the morning till eight at night, when the defendant was found guilty, and sentence by the Learned Judge Sir Nicholas Conyngham Tindal, to two years' imprisonment, and then to find sureties for good behaviour for two years longer.

On the same evening a subscription was opened for the purpose of defraying the great expenses and loss incurred by Mr. Empson in bringing the defendant to justice, and a sum of about £200 is already subscribed, which, however, goes but a little way towards giving even an indemnity for actual cash disbursements.

To the public, Mr. Empson's friends confidently submit that every man in society may be benefitted by the laudable spirit, indefatigable and persevering exertions of the gentleman alluded to, because no man can say that he would not have been the next victim.

The proverb says what is every body's business is nobody's. Mr. Empson has, for the public benefit, shown an example to the contrary, which cannot be too highly estimated. It is hoped the public, who reap the benefit, will not be backward in giving the reward, and in this particular instance show that what is every body's business every attends to, and then, however small the mite, Mr. Empson will not only be reimbursed for his immense outlay, but recompensed for his unwearied labour, for many months to the injury of all his other business.

Can anything be more palpable than the degradation the profession is reduced to? A profession that is compatible with all that can adorn and dignify the character of man! A profession that ought to be, and would be universally respected and revered, instead of execrated, but for a comparatively few worthless individuals, mostly interlopers, like the man now brought to justice. Let the gentlemen of the profession look to the matter in its different bearings. One out of the many thousands has stood forth and brought a great delinquent to justice; has he not fought for every one of them as well as himself?--most undoubtedly he has! Shall he go unrequited? Is it just towards him? Is it policy towards themselves? and in this particular point of view the public are also deeply interested in checking and keeping in awe other wrong doers; yet, if from apathy and supineness in place of public spirit and liberality, an individual like Mr. EMPSON, who has expended many hundred pounds out of pocket, is to go unrecompensed, no one can suppose another will engage, however great the necessity or imperative the duty, in such a contest; and the consequence will be, that knaves may revel in their infamous proceedings, their atrocities magnify, their numbers multiply, and recklessly fatten upon vitals of society for want of that check which the liberality of the public alone can bestow, and society be protected by.

 Northampton Mercury, Saturday 09 May 1835

 

Note: The John West referred to above may be the John West, recorded in Desborough in 1841 as a labourer, but in 1851 as a retired farmer. The latter gives his birthplace as Desborough, but a single census reference is not sufficient to prove this.