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Document 86 Letter from J Letteney to R A Heron, 22 February 1788

D Sr
Errington v Aynsely & ors. This cause came to be
heard this morning, before his Honr. the Master of the Rolls
who sat for the Chanclr. We did not like this, considering
the opinion which he gave, on the Plfs Case, when he was
at the Bar. But we were agreably surprisd to find him
take the matter up, with the same kind of warmth
R A Heron* which the Chancellor did, when we movd for and got
Newcastle upon Tyne that Injunction. On the opening of the Bill, He addressed
himself to Mr Attorney Genl., the Leader for the Defends.
and expressd his Sorrow that a County, and the opulent
County of Northd. too, should have entered into such a
contest with an Individual, and recomendd. it to Mr. Atty
to consent to this Cause standing over till next term
that a compromise might be affected. Mr Atty, notwg
[profsd?] to go on with the cause and his Honor with
great warmth orderd him to proceed. After hearing
the Plts. Cause and the Plts Evidence, he again addressed
himself to Mr. Attorney, & askd him, if he had any
objections to an issue quant damt to be tryd at York
This was objected to, and it was contended by Defends
Counsel that the sum of 9000, mentd in the Bond, was
the assess’d damages, and that the Plts. Bill ought to
be dismissd. His Honor however was of a different
opinion and to show the Defts Counsel that the 9000
was a penalty*, He put this Case, suppose sd he
that the Bridge had not be thrown down, but a
partial damage had been sustained for the amount
of 100L. woud the County claim the 9000L? He [reason’d?]
some cases, strongly in point. The Defendts evidence
was read, When His Honr sd. that he woud not give
Judgmt till next term, before which time there
wou’d be a Sessions for the County, and he hop’d
the wise deliberations of the Justices wou’d too
render it unnecessary. I am
Dr Sr Yrs J L Letteney
22 Febry 1788

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Transcribed by RMS and CTW