Star. — London, England, 1801-11-24 00:00:00

PERSIAN EMBASSr. Dated Taberan, Nov. 1/, too. " I had laft the pleafure of addreffing you at our departure from Ifpahan; and have now to ac. qu aint you:that we arrived at this capital four days ;go, after a very pleafant journey, having been received as we idvanced with the molt marked attention. a Two of the Chief Officers of the Court, at tended by two of the King's gholams or body guad, carne out eight miles to meet the Emhaily, u nd fornted our ercort to the houfe of HAJY IBR A um, the Prime Minifier, which had been prepared for our reception. Here we had the moll excel lent accommodation, and as the HAD,' himfelt is o ur Mintnandar, we have our breakfafl and dinner r egularly from his kitchen, and we are now grown fo fond of his piloas, that though our dinners are regularly dreffed in our accufiomed manner, no baLly ever thinks of tatting them. 44 We yefterday went in (late to vifit the KING, and nothing could be more magnificent than the whole ceremony. Captain MALCOLM was attended b y t he whole elcort,rnufic playing, led hones, and ev ery other mark of dignity which he had u fually Aimed at other places. We did not difmount at the entrance of the moyden, as is cuftomary, hut proceeded on horfeback to the very gates of the pa lace, w here we were received in an anti-chamber bf SoLY/4AN Kli•N KUJ ET (a near relation of the t w ee), with whom we fmoaked our callians, and drank coffee, till fuch time as the matter of the ceremonies arrived to tither us into the prefence. He co nduaed us into a fpacious court, in which want d r awn up about two thoufand of the guards, a ll elegantly dreffed ; at the farther end of this garden was the Duan Khana, at one corner of which we perceived the KING fitting on his muf nud. When we had approached fufficiently near, an officer proclaimed that Captain Jona MALCOLM &BAUDER, Ambaffador from the Governor-Ge neral of India, was Come to wait upon his Majef ty ; to this the KING replied " Welcome," with a loud voice. We then entered the Duan Khana, and took our places as follows, viz. Captain MAL. CUM was feated near the centre of the room (at a fniall diftance from the KING) at his right, a little above him, flood the Heir of the Throne, and another Prince, and the Prince Minifter on his left, a little below. We Were all feated at Come diftance below, ezaaly oppofite his Majefty. " The fun {hone into the room jolt where the EKING was feated, and the reflation of the dia. snoods in his crown, bazabunds, &c. was fo great froth that circumftance, that it was almoll itnpof- Ale to look at his face; the celebrated Coh Nour then; amongft the relt with dill inguifhed luftre on hi, right arm. Nothing could be more gracious than his Majefty's deportment during the audience, which tatted abottt twenty minutes, and we all took our leave much pleafed with our reception. "The Kum is about thirty-two years of age ; he has a Roman note, and a very long, black beard, and his countenance, on the whole, is plea ting and dignified." LAW INTELLAiNCE. COURT OF COMMON PLEAS, NOV.!?. HUNTLEY O. LIICESTRIL This Wai an anion brought by the Plaintiff, Mrs. Huntley, on the Habeas Corpus An, againft the Defendant, a keeper of the goal of the town and borough of Portfmouth ; it was tried at the Uizes at Winchefter, before Baron THOM sow, *hen the Plaintiff was nonfuited. On Thurfday laft Serjeant Bier obtained a Rule to thew caufe why the judgment of nonfuit fhould not be let afide, and a verdia entered for the Plaintiff. The cafe and evidence was read from the Learned Baron's notes of the trial, whereby it appeared that Mrs. Huntley having been committed to the gaol of Portfmouth, on a warrant under the hands and Seals of two Magill trates of the town and borough of Portfmouth, and was alto detained by another warrant, did, on the asth day of November, 1799, cattle a WWI ist the name of Charles Holding Walker, then a ;Ira= there, to snake out a notice. purfuant to the terms of the 3111 Charles 11. Sea. S. demand ing oldie Keeper of the raid prifon, within fix pours of the date and delivery of the Paid notice, a copy or copies of all fach warrant or warrants of coinmitmert, as he held her in cuitody by, " not being for Sedition, Treafon, or Felony." The witness called on the trial fwore to the delivery of the notice in queftion to a turnkey of the prifon at fie o'clock in the evening of the 25th day of November, 1799. That on the 27th day of vember following, and not before, Ise re cei ved from the Turnkey copies of two warrants, purporting to be warrants of commitment of the laid Mrs. Huntley to the raid goal, under the hands and feats of two Magiftrates of Portfmouth. which co pies we re indort:d by the Defendant Leicefter, as true copies, and were accompanied by a letter in the following terms: " I can scarcely write, hav ing nearlc loft the fight of my eyes ; one commit rnent citnewith her,the other came loon after her ; 1 do not with to deter you from going on, but with lter to get her liberty as fonts as potable." This was the only evidence on the part of the Plaintiff, nn which th.: anion was brought, to recover the fan of tool. as a penalty for non.compliance with the noti cel The defence of the goalcr was, that his h outs opened into and was a part of the prifon ; that he then kept his room from a complaint in his eyes, but if he had been called upon by fuels notice, he would, as he did in this cafe, give an Intwer .;s early as potable. The Judge who tried the cattle was of opinion, that the goaler was not teltinniible. for the penalty of the Al, and nonfuit ed the Plaintiff. S;:rjeant WILLIAM, this day (hewed caufe againil the Rule, and in fupport of the nonfnit ; and ar , sued with great ability that the Defendant was I"! here refponfible ; that due diligence was not by the perfon applying, as although he did sot receive the copies in fit hours, he might, if he leafed, call again on him i■ the morning of the 16th or thz z7th ; but he waited probably to en '-ip the Defendant thus long, that he might bring 1a:on aglinft hiss for this remedy. The Court delivered tlitir opinions feria,l6:. The CHU r jos riot faid, that he could not but agree that this aft wa; a rem: aloft rather than a penal one, although heavy penalties and difabilities were attachable on perfms offending against it; — that the provisions of this Al was wife and good, in as much as it went to protest the freedom of the fubjeCt againft opprealon, could not be denied ; but where loch a grievous and heavy penalty as this was rued for, the Court would take care that the beg evidence fhould be produced of the wilful and culpable negleta of the Defendant, and the dire diligence of the Plaintiff in endeavouring to obtain what was fought for 0(61111612 His Lordfhip faid he could not help having Come lid picion that the condtra of the Plaintiff was rather meant to entrap the Defendant into this affirm, than ferioufly to obtain the copies applied for: It ought to have been (hewn that the goaler was not accellible, that the perfon to whom the notice wits given knew the purport of it, and that on prefent mg it to the keeper, he neglefted, or refilled to comply with it ; this had not beess done, nor did they call the turnkey to whom it was faid to be delivered. One the whole, his Lordfhip was of opinion the Plaintiff had not made qut a cafe fuffi vent to entitle her to a verdiet, and therefore re jeCted the application, and confirmed the judgment of nonfuit. Jußice Henri, concurred in opinion with the Noble Lord generally, but from the importance of the cafe could not refrain from giving his opi nion more at large. That it was a remedial flu tute he could not but admit. If he knew his own heart he mull be allowed to fay that it was no lcfs his inclination than his duty to carry fo excellent an ad as the Habeas Corpus Aft into execution, but he could not buffer it to be carried into died as a penal law and a law of clifability, without looking into the evidence in fupport of the charge. In this cafe the gaoler was really in the gaol, was aceefii ble, if the parties were ail - poled to get at him.— The Rule of Refponden: Superior would not hold in this cafe, as the gaoler was really prefent ; that could only hold in his abfence to his proper depu ty ; he therefore concurred with the Chief Juitice in refitting the Rule and a ffi rming the judgment. JulliceßOOKE.—" No man can be more loath than I am to do any thing derogatory to the li• berty of the fubjed. This is a wife and good law. Judges fbould be careful that an ad wifely pail to proted the liberty of the fubjed fnould not be converted into oppreffion on gaolers or any of their officers, who certainly ought to have all the protec tion the taw will afford them. I am of opinion the condua of the Plaintifitives room for a fufpicion that this adion was meant to be brought rather than the topics obtained. The fad of wilful neglel or refufal here have not. been proved. Neither in juflice or as a lover of liberty can I confider him as liable ; and therefore conlidering, as I do, that it is our province to proted the gaoler as well as the prifoner, I concur with my learned Brothers in opinion." Jullice Cuirabits alfo concurred in opinion, and requelled to be underftood that it was not his with the law fhould be frittered away in favour of gaolers ; but that equal juflice fnould be admini• tiered to all innocent perfons„ gaolers as well as others. He as well as his brother Judges could not but confider it as a trick. Judgment of Nonfait affirmed. fNTELLIGENCE. AY.-WIND W. S. W. 3 rv. 21. Nov. N 3, 19, 2C, i'.—Sailed the PeiNce [ores, for Litbon, with the A. The DUKE or CVINBITR. breft Indies is waiting the at the third Wednefday of the /.—There being tao Pofl-Of. r, the Mail of the 2cth at on board the hired veciel miter, which filed imme. 23.—The George of Yar twos, fails from this place paffeogers and goods, for :et, are yet arrived, the wind rth-sveft. Sailed the Olive. , Flsx ; and Squirrel, WICI- I paffengers for Rotterdam. tie, Admiral D(CKSON ; MO. WU, flag chips; the Asa, ca, FIANCE OF 01.AIICE, Kir STANDARD, RUBY, RAI. LIM SHANNON, PTLADSS., IMO Y, RANOCII, KITE, Last, and VIDYTTE. v. 23.---Arrived the Aurora, South Seas ; and the tarty, sy of Honduras. 16.—One of the pafflige boats ityr, yefterday, vas upfet in a )Cite the five mile (lone : the tcs, and went to the bottom, acrd, except the maftcr, perifr.. up by a (mall (loop that was tich immediately made for the ident happened : the crew ari mg to IS or 19, were all in the it down. The paffengcrs in was palling at the time, west xking fcene, but could afford er. The Matter now lies in Clafgow. I.LLOYD'S LIST. -Sailed through the Downs. the Portfmouth. Wind W. N. W. r. _g.—gaffed by the Rqucfl, urgh ; arta Walker, limy, ilea the Thames, MosFAT, for REDHEAD, for Grenada ; ,urinam ; Canada, Hr , r BEST, Perfeverance,ANSELL, for rrcpnnell, RATE, for Oporto; Sarah Ann, HuNrra ; Are, to t Maria, --; Aaenr, hers, GOODWIN, for lamaim , reward-bound Beet arrived on rns. The letters fl.tte, that the (commonly prod naive, and that at never was known . ne (hip for the Eatl India Co& AMMO, was launched at Dcr k-yard of Mr. BARNARD. Mu: 'emus company, confisliag cf i Gentlemen and Ladies, scat ed by Mr. BARNARD. DIMS impany with feveral excellez IR Indiaman, of 800 tons bur ended by Captain Act rasps bfence by Captain Jon w Loess Meas. RANDALL ?nd BRENT'S and named in compliment to cendant of the Great Cecil, .abeth's days, Ma acalo% PS$ or the launch, about po Lacli nook of a cold collatim at th. mence adjourned to the Londo elegant entertainment ~•as pr which commenced fi nout e;gb! 1. The dancing w;ic kept on and fpirit till t s o'clock, 1.11. ipper. rooms being thrown aim, managing owner of the (hip, tool company, confining of ab :ntlemen, fat down to a A* every delicacy that the CI e longs, catches, and glee=, by performers, gave a 7 r ett to tit :ol its circulation ull two o'cloe' refumed, and a mutual de fire t. erfallyto prevail , whic h united tal luny and elegance, did golf ll llingnefs to feparate , which cm to experience, for they did ad ing at five o'clock. -------- ace at Gofport on Friday 1 muc us, of Bofton, and t' Farbadoes. It originated, to me inf.& offered by the forme Playhoufe the preceding evet-al re protottion of the latter. MI (ted on an immediate arks : Lady, which Mr. Fass n meeting was the refult. Aftl fecr , nds interfered, and the pa the ground good friends. nnight in the evening, t h e bs :tters, fcc". from Leeds to Wsk the guard of the ma il cow:) be . 4 pl ac e, and has not (ince OTT EaY.--rifth —No. 16,019, a Prize of scl. D. 19,775, as FirA Drawn on titled to toool. was fold at ffice, No. 16, Conihill, opprl gland ; where Ticicts aud SLq —Alto Tickets and Share: for I Lottery.—N. B• The Firil xprefs which twill u nlit. To COURT OF KING'S BENCH, NOVEMBER 23. The following perfons, who have fcverally been brought up before, convicted of alfai:lting and obtirtsaing Revenue Officers, were again brought up to-day and fentenced as follow :—Timothy Micklethorne and J. Millar, to three years impri• fonment ; Robert Purchafe, two years ; Thomas Holmes, two years ; John Robinfon and William Hart, two years; R. Hook, two years • John Hol den, eighteen months; John Ward, twelve months; James Totherticld and Job Stokes, twelve months; R. Kane, nine months ; and John and James Hughes, three months each. HAVCROTT CRIASY. This is a cafe which has very defervedly attract ed the nctice of the Public, and is extremely ince refting to every man in this Couniry, who either [hall lave occafion to ;A of another, or to give another a charaFter ; it becomes Rill more tote. refting on account of the turn it has now taken, and therefore, as it may be laid to be a cafe of the rft impreffion in its kind, we have bettowed upon Ft more labour than is ufual in common cafes, af: luring our Readers, they will not be miffed by what they fee in this Paper, but that they may give it full credit for accuracy, as f..r as it goes. We have no room for the °Nervations of counfel, but we (hall give the fubfkance of what is more important, bccaufe of higher authority. Lord KEN roil reported the trial as it took place before him and a Jury of Merchants at Guildhall, at the Sittings after the last term. His Lordfhip raid, that the delaration fated in fubftance, that the Plaintiff being an Ironmonger, before the fraudulent reprefentations made by the Defendant, of and concerning one Frances Elizabeth Robert , fon, did apply to the Defendant to know from him whether he, the Plaintiff, was tale in giving cre dit to the laid Mifs Robcrtfon ? That when appli cation WAS fo made to the Defendant, he repre fentol her Intuition and credit to be such, that he, the Plaintiff, might safely croft her. That the Plai stiff - did croft the laid Mifs Robcrtfon, on ac coirct of the charafler which the Defndant gave of her. That the was infolvent at that time, and that the Plaintiff thereby 101 l his Money. 'lllc evidence for the Plaintiff was that of his Goland of his brother ; for the Plaintiff had no tha-e in this tranfaelion he being at Bath for the benefit of his health. The cafe is, that of Miis Robcrtfon of Blackheath, whole name is fa mil ar to a eonliderable part of the public. The Plaintiff is a furnifhing Ironmonger. The De fendant a Currier, both living in the neighbour hood of Blackheath. The fubitance of the evi dence of the inn of the Plaintiff was this—" That he, the fon, had a converfation with the Defen dant, of and concerning Miti Robcrtfon, when the Defendant laid, My father might credit her with perfect safety. That he knew. of his own know_ ledge, the had a large fortune from bar mother ' and was la expeciation of Hill greater from her grandmother. I dealt s id: her entirely on the Defendant's recommendation. I afked him, if he was certain as to the recommendation he made ?. he anfwered, .‘ I am." He Rated that he knew the Lady was echred to Mr. Secretary Dundas and to Lady Paget. I wrote to my father, and wanted his direction. I called on the Defendant again, and afked him as to the character of Mils Rebertfon. The Defendant laid, .1 I can poll tively, of my own know lcdge, affure you, vou may credit Mins Robertfon to any amount with perfect (Way." He laid, my father need be under no apprehenfion, for Mifs Robertfon had come to a large fortune a few months ago, and expected a Hill greater. I executed the order entirely on the faith of the Defendant's character, and to the amount of 4851. 9s. 4d. and all the charges are reafonable." The fubflance of the evidence of the Plaintiff's brother, as read from his Lordfhip's notes, was this : I fuppofe (faid the Plaintiff's. brother to the Defendant, who called on the Defendant by way of further caution), I fuppofe you do not mean to inform me on hearfay?" The Defendant laid." Friend Haycroft, I know your brother may truft Mil Robertfon to aay amount with perfect fafetv." 'elk is the fubftance of the C...fe on the part of the Plaintiff. On the part of the Defendant it was contended then, and now, that the Defendant did not give this charaaer with any view of fraud, but that he told the truth, as he himfelf fuppolcd at the t Smc, but that it appeared afterwards, that he, as u 11 as many other perfons, became a dupe to the artifice of iviifs Roliertfon, who had all the appearance of a perfon of great property: That no cafe had yet gone the length of deciding that ally man (lipoid be liable for the confequences in giving a charaCler of another, unlefs he did it fraudulently, C(c. That here there was no fraud intended by the Defendant for that he himfelf had become, and was at the time when he gave her the charaaler, a dupe to her artifice.—That the efferce of this fort of Ac ;ion was fraud in the perfon who gave the elm rafter, a dodrine which was czprefsly laid down in the Cafe of Pafeley v. Freeman, which laid the foundation of thii Anion, and recognized in the Cafe of Eyre v. Dunford, Sec. That the Defen dant having here taken upon himfelf to fay, " he knew this perfon might be fafely trufted," was in common parlance between men, who do not con fider the meaning of words like Lawyers, not to mean abfolutc knowledge, but that degree of pro bability which is taken for certainty in the tom mon affairs of life. That in thi; Cafe, the De fendant had fomething more than hearlay to guide his opinion, namely, the plans of .the fuppefed ellate of this Lady. Her making, out Powers of Attornies to receive her rents—ordering mourning rings—having a carriage, fervarts, and all the ap pearance of a perfon of property—all taken toge ther inducing the Defendant to believe that the was a woman of property, and therefore hii fay fn was the common language of men of infe rior education, who commonly, in difcourfe, Paid they knew that of which they indeed had only evi dence to warrant belief. That this was the cafe of the Defendant in this anion, and that, as the Jury might have given their verdid on the fuppo iition that the Defendant knew, at the time he gave it, the Charaetcr lie gave was falfe, whereas it was the genuine repretentation of his mind, , there ought, in this cafo, to be a new Trial. On the part of the Plaintiff it was contended, that although this cafe was different in its parti culars, from thofe which had gone before it, yet, I the principle by which it was to be governed was ; the fame, namely, That whenanty application is made to a man for the cliaraEler of another, he either tell the truth or hold his tongue. Nor was there any hardfhip in this, fince no man was bound to give another a charaCter. Here the Defendant had laid, he knew that the Plaintiff might truft this woman to any amount. He (lid not (peak from bearfay, which might be matter of belief; hot of knowledge, which was matter of certainty. Upon the faith of which the Plaintiff had given I edit, and had fidtained a lofs ; the Jury had or dered the Defendant, whole conduit was the caufe j of that Infs, to bear it, and therefore, upon the principle which guided this ACtion, the Verdict I was right." We do not mean to fay, that this was all that was faid ; on the contrary, the Cafe was argued at great length, and with much learning, but we • latae endeavoured to bring into one view, the fob- flanze of that which was in coin AI between the Part ies. As allufion seas made to the Charge of my Lord , KF% vox at the trial, his Lordthip read the words which conflitutcd a material part of it, which he wrote out in his Book before he addrefred the Ju. rv, and fcorcd them under by way of emphafis.— They are as follow : Comiaering the manner in which the queflion was put to him (meaning the Defendant) and his anfwer, fpcaking to his knowledge, I though; the Ailion maintainable." The Arguments at the Bar being ended, the Court pt .iceeJcd to give its opinion. Lord K::s ars fpoke nearly as 1, Vows : " I with, if there be any real da.il , t apron this point, it could be put in a way to receive decifaa: in the dernier TClOi t ; but not knawing how that can be done in the prelim cafe, and my mini be ing made tip on it, I (hall proceed to deliver my opinion. " A Tradefm in, h-re, has fitflained a lots, as ' the Jun's- haw: laid, to the amount cf aial. os. 4d. That Tradefns in makes a charge upon that per. fon, through whole mifia-prefcraation that lafs has procaeslcd, and he has incurred that lefs, and calls npnn him to make fatisfaftion for it. From the anxious manner in which the Inquiry has been made, filch as never took place in any inquiry be lore, I believe, we have the cafe molt clearly be tore us upan the evidence. The fon, who has the • condlift of his father's hofincfs in his abler:cc, is applied to by a perfon he does not know, to fur nibs goods to a large amount, and he is referred to the Defendant. He goes to the Deferdart. and elks him. What is the Rate, condition, and i credit of this perion who wants the goods? The !Defendant lays, You msy trtot her uith perfes fafety to any amount." The young man alked if he k"ew this of his own knowledge, or whe:her ! had heard it from others ? He tells him, " of his own knowledge." '*l;ke inquiries thus made, by this young man, are repeated by his uncle, who being more mature in age, is luppofed to he more prudent in conduit, and polleffed of more Lnow ledge of lorfinefs. He afks the Defendant, Whe ther this p.,rfon might lifely he united ? " I flip pofe, (figs he) you do not give me information from hearfay, but knowledge of fads." He fly;, " Friend Hayeroft, f know your brother may ti nit Mifs Rohertfon with perftd lafety." Nov the queßion is, Whether this repiell:ntation nhieli -he Defendant made, was true or falfe? To that lion, in put, only one arifwcr can be ?iven ; nrisl it is quite immaterial in what worth. the dcki , i s_ tion of that anfwer is given. —Whether it he " common parlance," or uncommon parlanc •, is not worth while to inquire, and appears to toe no better than nonfenfe. The quellion is, eel., titer this anfwer of the Defendant, and ua v h . the Plaintiff's fon aded, was cold:A.:liable to f ir _ fad or not ? That it was a grofs fah'eltoosi, ther• is now no dinibt upon earth. That a I-is has been (attained, in confeiotenet, is eel •:isr clear; and the queftion is, who 0n.,..)5t to Ineal• lots ? I came into this Court in the sear r ;RS, and , it was in the January follow,ing that the ea:: , r I Palely and Freeman came before us. I had then • the Alliance of three Judges, on ..shich I 'Tiled with great refee.l, and feel with ode. Two o; them (Mr. Jffilice Asa I: It ST and Mr. Jake LL FRI were, from their Iludy, eminently flei led in p. hits of pradiee and the nature of anions. They were of el: it inn t' e align would lie. The other learned Judge (Mr. Juftice Giro Ai or whofe opinion I cannot fpeak highet than I feel, was of a different opini•tn. I was hot inforaul veto: critically of the nature of anions ; but I had then advanced fifty years in a life, which was not :r very idle one, in which I had endeavoured to (tore my mind fomewhat, with knowledge of civil, moral, and religions du. ties. It is to very little pUrpOre that i have in early learnt a leffon which was long ago in. culcated, that the law of the land is never fo well excreifed as when it is fubfervient to the caufe of morality, or focial order and religious duty, if this fpecies of anion is not maintainable in a Court of Jullice; for I think we could not preferve fa cial order, or good morals, nor perform our re ligions duties if we determine that, when a per fon, by any mifreprefentation, whether wlllliiv. or from too fcanty an inquiry hinifelf, produces an died which is injurious to another, is, neverthelefs, not to make to that fufferer, from his fault, arty compenfation. That the plaintiff, in this cafe, has been damnified by the conduit of the defen dant, is beyond all queltion.—l fuppofe, if I were to put it as a queltion to the Attorney General, who is of counLl for the defendant in this caufe, whether he was nut very lorry that his Client's re prefentation has ruined an honelt man and his family, hy canting almo( all his goods to he taken from him ? I fhould receive from that HOD: and Learned Gentleman that which would be dic tated by honourable feelings, an unfeigned alfu ranee that he was very lorry. " 'fholewl•o can diftinguifh this cafe from other cafes which have gone before it, and in which the anions have been held to be maintainable, are lurnithed with powers of intelled of which, GOD knows, lam not matter. The Attorney-General, at the dole of his 'argument, has hinted that this cafe would be an incroachment on the Statute of Frauds, but he did not • critically enter into that art of the cafe. 1 fay this cafe has nothing to do with the Statute of Frauds ; if it has, I have for upwards of twelve years been deceiving the Country—l have been deceiving the Country if this fr L ics of adion is not maintainable by :he rules of law. Ever fince Hilary Term in the year 1789, it was held by the authority of this Court, nor de traded, I hope, by my concurrence, that this ad on is maintainable, with the diffent at firft, but afterwards the acquiefcence of the Learn ed Judge upon my left hand (Mr. Jiillice GROSE.) I have uniformly held that dodrine iince, and have had occafion to Rate it to Juries feveral times— Where am Ito go, or where that! I hide my head, if this slodrine he not agreeable to the law of the land ? Perhaps in my cafe, as in many others, in firmity of jeidgment as well as body, accompa nies the advance of years. 1(1°,1 fhotild retir:— otherwile, what than I be able to fay to the people of this country, if for twelve years I have milled them in the law of the Lind ? but I hope I have not mills en the law. It is not a tit thing for Judges to ufe birth words upon parties who come before them. I ufed no harfh epithets upon the cafe of the Defendant in this adion. 4. The ground I went upon was that which was Rated by Mr. GIBRC, which was, that the cafe relied upon this, " That the Defendant af firmed that to be true; of his own kturvledge true; which was not true.—Did he affirm it to he :i , •e? Ike slid. Did he know i: to be true ? He cord nc3, for it was falie. I will not here difc-::s moral turpitude of fuch coridlic't ns this of t!i: De fendant, nor is it LeceTary th..: any foch 0%0041 appear, b:fore the Plaintlif !hall have a of aelion in filch a cafe as this. There are a :.: niber of cafes in which there is a frard in conarn.ft'un t7.f Law, wlizre there i 5 no moral y;ni:t. Many there are under the Stature of Elizabeth, which I will not n.iw delineate. Many cafe; there a.... ih XV . :IICh a man, will the fairelk moral condea, is neverthelefs cot:lJ.:led as 7uilty of a leral trand, where he fails in the perforeance of a t!t:ty !hat unconnc , :ted y.ith morale, hot which tha Law fi um his c.:ndition. S 1 here, lac. ing any tin: 7, of the intenti• f the party, toa:ch .1e6.1i.s the morality of the Clang, he has volun:a rilc that wh , ch is de.tirnental to ar.r.h.ir, and therefore, I fay he anfw:rable. Not f-r what he believed to be true, but for laying he knew that to be true, which he could r.nt know to he true; Fri: which the Dc! . :ndant's Counfel conterd h,d reilm to believe to be true, be caufe he had evidence Grit from a thoitrand goy-- tees, and alrncilt all points ef, tae compati, at 4