case wilson against gary in case of rescue upon mesne process the plaintiff  must prove the original cause of action the writ and warrant and a legal  arrest SC holt a action on the case for rescue a person arrest on mesne  process at the plaintiff suit the first point of evidence be the original  cause of action the second point of evidence be the writ see Blatch v archer  that in a action of debt for a escape against the sheriff the endorsement of  non be invention upon the capias ad to give satisfaction be sufficient  evidence of its be deliver to the sheriff Cowp a and warrant by produce copy  of they swear to be examine and true see Blatch v archer Cowp b the three  point of evidence be the arrest show the manner of it that it may appear to  the court to have be legal for otherwise there can be no rescous and fourthly  in point of damage they prove the loss of their debt for that the prisoner  become insolvent or can not be have but as to that holt chief justice say in  case of rescous you shall have no favour because guilty of a violence against  the process of the law and therefore not like the case of a negligent escape  modern er p note the case upon evidence appear thus the bailiff stay below at  the streetdoor and send his follower with the warrant up three pair of stair  in disguise who there lie hand on the prisoner and tell he he arrest he the  prisoner with the assistance of some woman get from he and run down to the  first floor and the defendant be below in his shop and hear the noise run up  before the bailiff open the door and put the prisoner in and will not suffer  the bailiff to go and take he a bailiff in execution of mesne process may  break open the door of a lodger apartment have first gain peaceable entrance  at the outer door of the house lee v Gansel Cowp a and holt chief justice seem  to doubt whether this be a good arrest be only by the plaintiff servant or if  it have be do by the servant even in the bailiff presence the arrest must be  make by the authority of the bailiff but be need not be the hand that arrest  not in the presence nor actual in sight nor within any precise distance of the  person arrest Blatch v archer Cowp b but yet charge the jury general who find  for the plaintiff but he order the postea to be stay till he have mark it here  the party rescue appear and be swear as a witness for the defendant not be  make party to the action which holt chief justice haesitanter allow upon the  reason that be swear to charge himself if by his evidence he discharge the  defendant but he say it be what be never bad see before and that if the  defendant be guilty of the rescous be can not but be sharing in sin however he  be swear and his credit leave with the jury