Old Herts

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Ardeley

Some Court Cases involving

Sir Robert Murray of Ardeley Bury

On December 25th 1846 there was an incident that led to a later incident and aseries of court cases, very extensively reported in the press relating to Sir Robert Murray, of Ardeley Bury. They are of particular interest because they involved a "Special Jury" (a practice no longer followed) where being tried by one equals meant that is an ordinary citizen brought a case against a wealthy landowner who happened to be a magistrate the jury consisted only of wealthy landowners. The story is too long to report in detail but the following extracts from different court cases summarise the underlying story.

IN RE BEADLE.

The case of this insolvent [John Beadle], was briefly mentioned a few weeks ago in the Morning Post. He came up praying his Honour to name a day for the final order. His debts amount to about 200l being the costs of an action which he brought  against Sir Robert Murray, a magistrate of the county of Herts, for false imprisonment

A solicitor, on behalf of Sir Robert Murray, now opposed the insolvent's release.

Mr. Sturgeon, who appeared for [John Beadle], said he was very glad to have an opportunity of showing in a public court how this poor man had been treated. His client was a poor higgler, residing near Sir Robert Murray's seat [Ardeley Bury], in Hertfordshire. Sir Robert was, it appeared, a fowl fancier, and having missed some of his own and found some in the insolvents premises, said they were his. The insolvent denied the charge, and referred Sir Robert to a farmer, from whom he had bought them. He was, however, handcuffed, chained down in a cart and driven on a Christmas-day through his own village to gaol, where he was kept on bread and water for two days, the fowls upon Beadle's premises were taken to the yard of the farmer from whom he said he purchased them, and they proved the correctness of the poor man's story, for they ran across the yard at once, a distance of two hundred yards, to their roost, which they at once perched upon. (Laughter.) It was true the action of Beadle against Sir Robert was unsuccessful, but right did not always prevail against might, and he had persons in Court to prove that the insolvent's witnesses were tampered with on the occasion of the trial.

ASSAULT AND BATTERY.

 Miles v. Murray.

Mr. Chambers, in opening the case, ... Looking to the circumstances of the ease he could imagine no motive that could have actuated the defendent [Sir Robert Murray], except anger at the friends of the man Beadle. The plaintiff [Miles] was fishmonger at Walkern, a respectable man in his humble way, and he was acquainted with Beadle. It happened on the 23rd of July that Beadle and Miles went to Ardeley; they had to pass over a footpath before Sir R. Murray's house. As they did so they agreed to run a race from Walkern to Ardeley church for half-a-crown. Miles won the race, and they went to a public-house, when they met a man named Swallow. As they were returning along the footpath they saw two persons approaching. Swallow was laid hold of. Sir Robert Murray — who appeared to be one of them — said, give it them. Miles was caught hold of by the collar by Kennedy, who struck him severely with a hunting whip. Sir Robert, who observed more persons were present, and being frightened, said "Come away, I am satisfied." Swallow said, "Sir Robert shall hear of this to-morrow," and it was very proper that he should hear of it. Miles had to sit down on account of the blows he had received, and was with difficulty got home. Sir Robert Murray might have made some apology and amends for his conduct, but he had never done so and (Mr. Chambers) could imagine no motive that could have actuated him, except a desire to assault Beadle's friends. Beadle being with them.

Herts Midsummer Assizes.

CIVIL COURT

SATURDAY, July 10.

(Before the Right Hon. Baron Parks.)

CASE OF ASSAULT & BATTERY AT ARDELEY BURY.

SWALLOW  v. SIR ROBERT MURRAY, BART.

SPECIAL JURY.

George Jacob Bosanquet, of Broxbourne-bury, Esq., Merchant.

Thomas Symms Muling, of Royston, Merchant.

Daniel Hankin, of Stanstead, Esq.

Joshua Lomax, of St. Michael's, Esq.

Charles Booth, of Stanstead, Esq.

Thomas Caldwell Merchant, of Aspeden, Esq.

Richard Oakley, of Harpenden, Esq.

Charles Johnstone, of Cheshunt, Esq.

Wm. Herbert Woodhouse, of Hertingfordbury, Esq.

This was an action brought by the plaintiff, a gentleman's servant, against the defendant, a gentleman and magistrate of the county, residing at Ardeley-bury, in the county of Hertford, to recover damages for an assault and battery. Mr. M. Chambers, Q.C., and Mr. Lush, appeared for the plaintiff; and Mr. Sergeant Shee and Mr. Edwin James for the defendant.

Mr. M. Chambers stated that the assault, which was the subject of the present action, arose out of the same occurrence which gave rise to an action brought by a person named Miles the last Assizes, when a verdict was given for the plaintiff. The assault was committed at the same time, and the circumstances were the same. Both assaults were the consequence of previous proceedings, in which Sir Robert Murray had taken a part. An action had been brought against him sometime since for false imprisonment, by a person named Beadle, whom Sir Robert had accused of taking his fowls. ... ... ...

 Further extracts see Mrs Coggins at the Old Bell Public House

This happened at a time when an assault by an ordinary member of the public on a wealthy member of the establishment would have been considered a criminal court matter and the attacker would almost certainly have been sent prison by the magistrates court, In this case the police never considered investigating Sir Robert's actions amd while Swallow won his civil case against Sir Robert Murray the special jury of wealthy landowners only awarded the trifling sum of one farthing damages.

Hertford Mercury 18th July, 1846, 30 November 1846, 6 March 1847, 7 July 1847

Morning Post 26 February, 1847, 19 March, 1847