Beckwith against J. Philby, J. Wilks, and W. Spicer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1827 |
| Date | 01 January 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 585
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 487; 5 L. J. M. C. O. S. 132.
[635] beckwith against J. philby, J. wilks, and W. spicee. 1827. A constable having reasonable cause to suspect that a felony has been committed, is justified in arresting the party suspected, although it afterwards appears that no felony has been committed. [S...C. 9 D. & R. 487 ; 5 L. J. M. C..Q, S. 132.] This was an action for assaulting, beating, handcuffing, and imprisoning the plaintiff; and keeping and detaining him handcuffed and imprisoned, without any reasonable or probable cause, for forty-eight hours, on a false and pretended charge of felony'. At the trial before Littledale J. at the Spring Assizes for the county of Essex 1827, the following appeared to be the facts of the, case. The plaintiff was a blacksmith residing at Waltham Cross, in the county of Hertford. The defendant Philby was high constable of Ongar, in Essex, and resided at Loughton, in that county. The defendants, Wilks and Spieer, were constables of that parish. The plaintiff, on the 31st of January 1826, with a bridle and saddle on his back, was returning from Romford market, where he had sold a poney for 71. 10s., and about half past six in the evening sat down to rest himself near Loughton Bridge. While he was sitting there one Gould, a farmer resident in the neighbourhood, passed him. Gould told Philby the circumstance, and said he thought he ought to look after the man. Philby went out and asked the plaintiff several questions, to which he gave such answers as induced Philby to think he had been stealing a horse, or was about to do so. The plaintiff was searched, and was again asked by Philby where he came from; the plaintiff then said that he had come from Cheshunt, and had been to Eomford to sell a horse, that his name was Beckwith, and he had got the horse of one Bartlett. He then referred Philby to one Noble, who [636] lived in the neighbourhood. No inquiry was made by Philby of Noble that night. Philby then sent for the defendant Wilks, to take the plaintiff to the watch-house, and on Wilks's arrival desired him to handcuff the plaintiff, which was done. Wilks took him, at his own request, to a public-house at Loughton, and he remained there handcuffed during the night. On the following morning Wilks delivered the plaintiff to the custody of Spieer, wha took him to a magistrate, who examined him, and...
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...to. [para. 107, footnote 48]. Christie v. Leachinsky, [1947] A.C. 573 (H.L.), refd to. [para. 107, footnote 48]. Beckwith v. Philby (1827), 108 E.R. 585 (K.B.), refd to. [para. 107, footnote Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.), refd to. [para. 107, footnote 48]. Walters v. Smit......
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...civilian Defendant must make out a reasonable ground of suspicion and that a felony has actually been committed (per Lord Tenterden) Beckwith v. Philby (1827) 6 B. & C. 635; and a more recent affirmation of the same principles in Wallace v. W. H. Smith and Son (1914) 1 K.B. 595. In all the......
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