The Titteringtons of Northern Ireland

Tuesday, 23rd May, 1876

 

TITTERINGTON V. SHANKS

 

This was a process brought by John Titterington, a carter and pensioner, against Alex. Shanks, a commission agent and grocer, to recover the sum of £40 for a false and malicious charge and for false imprisonment.

 

Mr McErlean appeared for the plaintiff, and Mr McLean and Mr McMordie represented the defendant.

 

A jury having been sworn, Mr McErlean stated the plaintiff’s case.  He said that on the 3rd April the plaintiff went into the defendant’s shop to purchase some goods, and while there he placed 1s. on the counter for payment of those goods.  It was afterwards alleged by the defendant, Shanks, that it was only 6d. the plaintiff placed on the counter.   Some words then issued between the parties, and the plaintiff pointed out a shilling in the drawer, and said it was his.  Shanks thereupon caught hold of him by the arm and the plaintiff threatened that if he would not give him his proper change he would bring in the police and have the defendant arrested.  The plaintiff went out for that purpose, and when speaking to a policeman about the matter the defendant came out of his shop and gave Titterington into custody.  Titterington was brought to the Police Office, and kept there all night.  The next day he was brought before the magistrates, and defended by him (Mr McErlean).  After a full investigation of the case he was discharged.  Those were the facts, and he was sure that the jury, after hearing the case, would give him the full amount he sued for.

 

The plaintiff was examined in corroboration of those facts.

 

The case for the defendant was that the plaintiff had gone into his shop, and had purchased some goods.  The goods came to 3d., and the plaintiff put 6d. on the counter in payment of them.  He got 3d. change, and, on looking at it, he said it was a shilling he put down and not a sixpence.  A man in the shop said it was only a sixpence.  Mr Shanks said that there was no sixpence in the drawer but the one the plaintiff gave in payment of his goods.  He said he would look, and if there were two sixpences in the drawer the man in the shop must be wrong.  Mr. Shanks opened the drawer to see, and the plaintiff rushed his hand into it, and said there was his shilling, at the same time lifting one.  He pushed out of the shop, and the defendant then charged him.

 

The evidence having concluded, Mr McErlean addressed the jury;  after which His Worship summed up.

The jury found for the defendant..

The remaining cases disposed of were of no public interest.

The Court adjourned at five o’clock till this (Tuesday) morning.