Star. — London, England, 1825-02-01 00:00:00

111 ~:. . WQ‘ , i • V ~ .1 - :.r J _'` " . By his good conduct he was raised from the rank, to he Quartermaster-Serjeant ; And, while he was in ezrecta• tion of being immediately promoted to a higher rank, in the early 1 art of June, 1819, he and his Regiment uer.,e, at .Halts, a Charge was made aga:r.st him, in con sequence of some discontents that existed in the Regi ment The defendant was at that time Governor of Malta, in the absence of Sir thomas Maitland. The charge was, that the plaintiff had issued tainted pork to the Regiment ; a charge which oug'it not to have affected the plaintiff, excepting so far as that he had not complied with a regimental order (a to ise and excellent regulation no doubt it was), which required that he should shew the meat every morning td a superior Officer appointed for t'rat purpose before he had issued it. For this breach of duty, which he (Mr. Brougham) would not attempt to kis:4, he was tried by what was called a Garriion Court-Martial, consisting only of three Members, and indeed mate resembling a Court of Inquiry than any other sort of tribunal. — That Court sentenced him to be degraded to the ranks, a nd while the inquiry was going on, he WA•i of course placed under arrest. Those proceedings terminated about the 25th of June, when he was liberated, and on the:27th he was reduced to the ranks in pursuance of the sentence of the Court. -Here; then, was the beginning and, the termination of the charge made against him before the Garrison Court-Martial. Sentence was passed, and it was fulfilled on the 28th of June. With that sentence, the arrest which the plaintiff suffered und-er it, or the degradation which it inflicted upon him, the present action had nothing whatever to do. The Jury would now hear what followed. On or about the I,t ,pf July fallowing, the plaintiff was arrested and con fined, not to his private room, but was hurried at once to a prison called the Provost Prison, which was acorn mon receptacle for every kind of male:actor in the regiment—even for those accused of capital offences. At the same time there were prisoners under :aid) charges, and some of these of a description not to be named. The rlaintiff was confined in a cell, the door of which was not opened for three days to admit the fresh air, although in the midst of the dog-days, and that too in a very sultry climate. Is consequence of his represen tations, the door was afterwards allowed tar be opened from the morning till the evening gun, although in the evening the heat of that climate did not usually very much subside; and • in the interval he was allowed to walk up and down the passage which led between the cells tram one side of the prison to the other. What his crime was—what was the charge against him, lie was wholly ignorant. All he knew was, that he was thus treated without any accusation. The access to him of his family was not indeed denied ; but it was allowed in so stinted a measure, and under such harsh conditions, that it was anything to him but a consolation. His wife was never permitted to see him, except in the pre sence of the gaoler, who stood between them to hear everything that passed. The victuals whigh were taken to him he was not allowed to share, until they had been previously torn to pieces; under the pretence of examining whether they concealed any written com munication from without. On one occasion, so suspi cious was the gaoler, that a lemon which was sent to tire plaintiff for the purpose of allaying the burning thirst excited in such at climate, was cut into four quar ters, in cider to afford an opportunity of seeing whether any note or token of any kind was concealed in the rind. In this prison, and suffering under this harsh treatment, was the plaintiff kept till the 5:11 or fith of October. A few days before that, Sr Thomas Mait land arrived at Malta, and the plaintiff was marched out of prison and finally discharged, still ignorant of the can-e of his imprisonment. When he went home, he found his wife in a sick bed, his property gone to de cay, which prohiced so violent an effect upon him, after his long and liaish imprisonment, that he was seized with fever, and was taken to the Hospital, where he was obliged to remain for some weeks. His reason was affected ; he was treated by the medical attendants as a raving madman; he knew none of the persons who called to see him, even his wife and children he could not recognize. When he was somewhat recovered, he left the I lo:pital, but he found his household broken up, and lus w;fe reduced by illness to death's door. For these wrongs he now came before a Jury of his country, and it was A circumstance upon which he was to be fe licitated, that his case was to be tried before such a Jury, composed as it was of merchants of the most respectable charaCter. The defence which would be set up by hit Learned Friend, the Attorney-General, it was not diffi cult for him to anticipate, from the interrogatories which were sent out to witnesses residing abroad, and the answers they returned to them. To this topic he would advert brand -bye. His client had to meet that array of talent and skill which the Jury saw before them—he had to meet the power and the purse of the Treasury, which the Government lene to the defendant on this oc casion, for the furtherance, he supposed, of public jus tice. He had the greatest confidence in the firmness and justice of the Jury ; and he hoped that this circum stance of the Treasury coming forward on such an oc casion, would turn rather in favour of the party who complained than of the party against whom the com plaint was made. There was one topic at least which it precluded the Attorney-General from using, that heavy damages would ruin the defendant, if the Jury gratified their feelings and their sense of justice by giving such. It was indisputable, that whatever amount of damages they would award, it was to come out of the Treasury, and not out of the defendant's pocket.— Alas Learned Friend being shut out from that topic, would probably have recourse to another—that the plaintiff was detained not as a prisoner, but for some other purpose. The Jury would, however, have little ' difficulty in believing that a mhn who was confined in a public prison,. ins-a cell twelve feet by eight, was a prisoner and nothing less. Wird , he was a prisoner he transmitted a memorial to General Layard, stating the hardships which were so unreasonably inflicted upon him, and praying that he might be relieved from them. This memorial was presented to the General by a gal lant Officer, but he professed to have no time to read it ; he pushed it away from him, and turned his hack on the Officer who presented it. That gallant Officer re turned it to the plaintiff's wife, and de,ired her to keep it carefully, for that it would he of use tn_ her another day. It was to he hoped that the gallant Officer's pro phecy would be fulfilled on the present occasion. We would now entreat the particular attention or the Juiy to the defence which the opposite party meant to set up. They intended to say, that a Major Trickey had been put under arrest, charged with being in league with M 4 Lityle, to give bad meat to the soldiers. With a view to bring Major Trickey to trial, they therefore thought it expedient to confine whom ? Major Trickey ? No such tiring. Though nominally under arrest he WAS allowed to go at large, and as Dl , lntyte bras the principal witness against him, they confined M'lntyre, in order to prevent any communication taking place between him and Major Trickey ! This was their defence; and i such a defence, far from operating a diminution of the damages, ought to operate in aggravation of them. If M'lntyre was an offender at all, he was so in a minor degree ; and were they to be told that he was to be confined to a cell, while the principal offender was al lowed to go at large? Even this mode of defence,' however, was repugnant to the facts of the case. For the Jury would find that the plaintiff was enlarged some days before Major Tr ickcy's trial was intended to take place, so that if any cominunicat:on was likely to be carried on between them, there was ample oppor tunity for it. It was said, indeed, that Major Trickey resigned his commissions before his trial. This he felt it due to that Gentleman to say, that although he did resign, such was the opinion of his Royal Highness the Commander-in-Chief of his conduct, that he gave him leave to sell out all his commissions, not only those which he had purchased, but also those which he had obtained without purchase. But let that Gentleman's conduct have- been what it might, assuredly it was upon him the punishment should have fallen, and not on the plaintiff. The Jury would, probably, hear. his Learned Friend deprecate the idea of what were called vindictive damages. Vengeance was something in flicted by way of punishment. He would not call teein them to try General Lay ard, or to punish him. Ail he would ask of them would be to give com pensation to a man who was irreparably injured. —The only question for them to consider was, what in jery the plaintiff had sustained, and whit compensation be deserved ? The Jury knew too well what high in terests is ere at stake in a question of this description, to render it necessary for him to say one word upon that roint. They knew how dangerous it would be if the liberty of the subject were not held up by the calur and steady judgment of its highest ministers—a British Jury. They knew how perilous it would be not to maintain that liberty, particularly with regard to British subjects on service abroad, where the soldiers had quite enough to suffer, without the superadditionl of anything of this kind. They were too well acquainted with all these great interests, for him to add one wortC to the facts of the case, further than to express his cony fident hope that the Jury would act by the plaintiff as they would wish to be done by, if they their-elves, 01 , 1 any of theii children, were placed in a similar situation.' Thomas Allam—ln 1819, I etas pioneer in the 10th' Regiment of Foot, then quarte , ed at Malta. I have re tired on a pension. I knew M'lntyre in that regiment sixteen years; in 1819, he was a quarter-master ser-, jeant; he had a Wife and four children. General Layard wa, the Governor in the absence of Sir Thomas Mait land. Sir Thomas returned a few days before M'lntyre aas released. I was present when be was taken by the Serjeant Major. after the Court-martial; that was the Ist If July. He was taken to the Provost-prison. never saw him there. I did not ask to see him. When I brought the victuals for him, I asked for him. I saw him again when he was released in October. When I brought his food it was always examined. to see if there were any holes in it. His wife was allowed to see him. I remember a lemon being brought. h was cut and examined. He was quite ill when released. He was taken to the hospital, had his head shaved, and was blis tered. It was very warm, close, sultry weather when he was in confinement. The Provost-prison consists of cells underneath a bomb-proof building. William M'lntyre—l was at Malta with my father, the pl.4ntiff. I remember his being brought away by Serjeant-Major Johnson. I went to carry victuals to him. The Serjeant told him he must go down with him to the Provost. I saw him in the Provost. I went several times with his victuals. My mother went once or twice. The Provost Serjeant was always present when she was allowed to see him. He came out in October. He was very ill when released. My mother was confined three or four days before my father went to the Provost. My father was a day or two at home after the sth of October. He went then to the hospital. I saw him there several times. He spoke as if he was deranged. He did not know me or my mother. He was about a fortnight in the hospital. John Thompson—l am a Serjeant of the Regiment. I acted once for two hours as sentinel over him in the Provost. He was confined from the Ist of July to the sth of October. *lnure was released two or three days alter Sir Thomas Maitland's arrival. Sir Robert Travers—l was in command of the 10th, part of 1819. M'lntyre was Serjeant ; I remember his confinement in the Provost after the Court-Martial. I saw him there once, on the Sd or 4th of July, at twelve o'clock ; the door was shut ; it was very warm. I should think he could not be confined according to dis cipline, except by me, or the Governor. He might be confined for a moment, but a report must have been made. General Layard must have been acquainted with his confinement, for reports are always made to the Commander-in-Chief. The subject of M'lntyre's confinement was talked of. I have no doubt the sub ject was mentioned, but I do not recollect the particu lars. I remember Mrs. M'lntyre coming to me and begging my interference for him with the General. I, did make application for him, but it was through Co. lonel Rate; the General was in the country. The paper given me by Mrs. M'lntyre, might or might not have reached the defendant. The application was through the Adjutant-General. The evidence of Colonel Rate was read, from which it appeared that General Layard had ordered the :sliest and imprisonment, and that the reason was to prevent any communication between M'lntyre and a superior Officer, who were believed to have conspired in the issue of the pork from the stores. Major Trickey re signed, rather than stand a Court-Martial.--This was the plaintiff's case. The ATTORNEY-GENIMAL addressed the Jury, and began by expressing his conviction that they would de cide according to the evidence. The case was defended by the Treasury, because General Layard, who had served for fifty-three years in Spain and various other places, was now absent, on the public service ; but if any one supposed that, should damages be given, the Treasury would pay it, he was greatly mistaken. The plaintiff's character had been good, and therefore he had been promoted ; but he lent himself probably to the temptations of the offending person. It was not be cause his superior committed a fraud, that collusion on his part could be justified. The plaintiff had made an over-issue of beef without authority, and he had also withdrawn beef and substituted unwholesome pork. This was done in the absence of the Officer whose duty it was .&o inspect the provisions. They could not suppose that M'lntyre did not derive advantage from this fraud. The men had n Aurally become out rageous at finding this unwholesome food. The plain- tiff was found guilty, and degraded. M hen the de fendant arrived from Cephalonia, he found the men still dissatisfied. A Court of Inquiry was instituted, and the result was a determination to bring the offend ing Officer , to a Court-Mattial. He was put under arrest. There were strong apprehensions that Wlntyre would be tampere&with, and, in order to prevent that, ire was put under confinement. The plaintiff was treated, during his confinement, with all the lenity consistent with the object. He admitted that the verdict must go for the plaintiff, but he would satisfy them that the most temperate damages would satisfy the case. Let them give such damages as they thought he was entitled to. Those damages would be paid out of the pocket of the defendant, and not from the public purse. The LORD CHIEF JUSTICE told the Jury; that as it was properly admitted by the Attorney-General, the plaintiff was entitled to their verdict, it was for them to say what damages they ought so give. They had - been tolti by the Learned Counsel for the plaintiff that those damages would come out of the Treasury. This was denied by the Attorney-General. The circumstance was not at all material for their consideration, for the damages should not be less if they were to come out of the defendant's pocket, nor greater if they were to come from the Treasury. It was said that the praintiff had been harshly tteated in prison, a charge which was not borne out by the evidence. Among other things it was asserted, as a matter of imputation, that a lemon sent to the plaintiff was cut into four quarters. What injury was done to the lemon by cutting it into four quarters he would leave it to the Jury to consider—(A laugh.) The reason alleged for the confinement of the plaintiff was certainly no justification of it. But be might men tion, that he had known instances of persons being secluded in this country, whose evidence was material in cases of felony, and who it was feared might be tam pered with. Whether that course was legal or not, it was not necessary for him now to Sap When such a questiOn should be brought before the Court in a regular manner, then it would be hir him to offer his opinion upon it. The case was in the hands of the Jury, and it would be for them to take care that the verdict they would give should be such as would appear to be the re sult of a calm and temperate judgment, and not of any vindictive feelings. The Jury deliberated for about fiv e minutes in the box, when they expressed a wish to ret ire, and the o ffi cer 1 was sworn to attend them. They turn ed about, how ever, again, and after a lapse of three or four minutes, found a verdict for the plaintiff—Damages L2OO. The verdict seemed to excite some surprise. BUCKINGHAM W. RANKS. - This case, which is an action of libel, was ordered to stand for the Ist of March. . The LORD CHIEF JUSTICE said, that he would sit at Guildhall again on the first day after Term, but that pro bably for the remainder of the month he would sit at Westminster. On the Ist of March he would resume his sittings at Guildhall, and most probably he would sit here for a fortnight, but that depended on circum stances which were not yet definitively arranged. THE EVENING STAR• LONDON. TUESDAY, FEBRUARY 1, 1825. • THE FUNDS. STOCK EXCHANGE, TWELVE O'CLOCK. Consols opened at 931 for the Account ; there were some good buyers in the early part of the morning, which caused them to rise to 031 1. 110. ~1 ~ 1. FOREIGN FUNDS. In the Foreign Market little is doing. Mining Shares keep steady. Current Prices: New Spanish 15%, Old 22%, Russian g 6% 1, Mexican S 0 f, Colombian New 90% %, Austrian Scrip 97i, Chillan 88%, Portuguese 89%, Greek 51, Brazilian Scrip 15%, New ditto SI 4 pre. SHARES. Alliance Assurance - £lOO Do. Marine - 100 Anglo Mexican Mines - 100 United Mexican ditto - 40 Real del Monte ditto - 400 Brazilian ditto 100 Colombian ditto - 100 Rio de la Plata ditto - 100 Arfgna Iron and Coal - SO Hibernian , SO Tlalpuzabua - 400 Buenos Ayres ditto - Pasco Peruvian ditto - Milian ditto Anglo Chili= PAID. £lO ' MICK TO-DAY. C 8b pre. 2i 3 pre. 110 1174 190 130 26 27 pre. 38 40 18 17 10‘ 230 pre. 46 28 pre, 25 27 pre, 18 8 9 pre. PRICK or STOCKS AT ONE O'CLOCK. Bank Stock 233 1 , 233 234 3 per Cent. Red. 94 3 / 8 3 per Cent. Cons. 93 1 ,4 3 / 8 IA 3i per Cent. 101 1 / 8 4 per Cent. New 105 7 / 8 % 106 Long Ann. 23:3-16 Vs India Stock 281 1 / 2 —India Bonds 99 97 New Annuities 9334 £l,OOO Excheq. Bins (21) 64 5 ; (11Atd.) 63 5 £5OO ditto (2d.) 64 5 ; (1 1 / 2 d.) 64 6 £lOO and £2OO ditto (21) 64 5 ; (Phd.) 64 6 flans. for Acct. 93 3 / a Vs This forenoon we received German Papers to the 26th ult. The Nuremberg Correspondent of the 25' contains an article which distinctly charges CoLoco- TIIONI with engaging in a treasonable conspiracy with the Turks against his country. How far this may be true, seems doubtful, but he is evidently an intempe rate and consequently dangerous leader. The follow- ing are extracts: FROM THE FRONTIERS OF ITALY, JANUARY so. We have just received a remarkable report from Corfu, dated Dec.-9, from which we make the follow ing extract : " The freedom and the independence of Greece were lately exposed to great danger : the happy events in the middle of November have happily averted it, and the protection of lleavitx will do the rest. a By the occurrences before the last campaign, Colo cotxoni, Mauromichali, Langos, and their adherents, had lost all credit. The Government generously par doned them, considering the services which they had previously done to the cause of the Greeks. It had the intention of again. employing them in a more confined sphere, because it hoped that, being cured of their de lusion, they would endeavour to study the interests of their country; but it was deceived in its expectations. —A report had long since been spread, that Colocotroni s had been carrying on secret negociations the Turks, . ar d that Mauromichali had received Turkish agents from Candia, and had kept up a correspondence with the Turkish Commander-in -Chief in that Wand ; but these reports rdet with no credit; and even the Govern" , event, which caused these Chiefs to be watched, could not obtain any accurate information respecting their intrigues. But now the important discovery has been .made, not only that there was a former correspoodante between these Ch i efs, but that it was' enewed at tbe end of last summer, when the Porte seriously turned it* attention to the conquest of the Morea. To pt event all suspicion, the negociationis said to : have been carried on this time net through Turks, but thtough European agents (whom we will not partieultriste). These agents pretended to be Philhellenes, who were tome to the Morea to serve the cause of the Greeks. Everything was arranged,and the liberticide compact was concluded, From that time Colocdtroni made miliaar'y preparations under various pretexts. It was resolved, that as soon as Ibrahim Pacha should land in the Peloponnesus, CO. locotroni should issue a proclamation, declaring in his favour, and join him, with all his followers. The Greek, Government learned nothing of these negociations. It was not till Ibrahim Pacha was driven back to the Asiatic coast, that it was informed of what had passed, and this from a confidanteof Colicotroas,who betrayed him. It immediately took its measures accordingly' and the ambitious Chief seeing his plans betrayed, rer solved on civil war. lie was defeated, but had the good fortune to escape. It is believed he will leave the Morea. Mauromichali is said to have had no share in the lastt plot. CONSTANTINOPLE, DECEMBEII 24 . _ _ The Danish Ambassador, Von Ciausewitz, has had a conference with the Reis Effendi, relative to the naviga tion of the Black Sea. The reports yesterday received from the Pelopon• news are rather more satisfactory to the friends of th e Greeks. After the death of young Colocotroni, who was supported by the celebrated Amazon, Bobelina (whom the troops of the Government took prisoner), the Government got the superiority, and there seems no fear that Colocotroni, the father, will be able to re venge himself. Letters have been received from Lisbon to the 17th ult. Considerable surprise is expressed in tbe'se letters, principally coming from British residents, that the first public intimation of the intentions of the British Cabi. net, regarding South America, should be derived to the Continental nations thronh the medium of the Portuguese Government. Of course this acknowledge ment extends no further than the conclusion of com mercial treaties ; but it was generally reported in Lis bon, that Sir WILLIAM A'Couar had delivered a fofmal Note of the unconditional acknowledgment of the Southern American States by Great Britain. Upon the subject of the pending negeciations between Portugal and Brazil, these letters are entirely silent. Sir CHARLES STUART'S mission to Lisbon, in the first instance, and afterwards to Brazil, will probably be' productive of most important results. An intense in terest concerning it is felt among the Commercial Houses in the City more immediately connected with the Portuguese and Brazilian Trade. Sir Cstant.as, it it believed, will set out as soon as the frigate THETIS caw be prepared for the accommodation of a diplomatic character of the rank appointed to this Embassy. Letters from Madrid, dated the 23d ult. have been received by Express. At that date the determination of England to recognize the independence of the South American States, by entering into commercial treaties with them, had become officially known to the Cabinet at Madrid. Whatever mortification may have been felt by FERDINAND and his Ministers on the occasien, it is said that they have not ventured to assume the tone of remonstrance or anger; but that they have expressed rebret at the proceeding, and a conviction that Eng land, in adopting it, has acted on very imperfect inhu mation respecting the real state of the countries in question, and has taken the very moment for declaring in fayour of the Insurgents, when fortune was begin- ning to turn in favour of the mother country ! ! Such is the degree of delusion entertained where a deep ia terest is at stake, that it ought not to surprise the world if it should turn out that the inventions of the Madrid Gazette shall have deceived its employers. —An Ambassador has been appointed to proceed im mediately on a special mission to England. How soon he is likely to arrive here is another question. The ap. pointment may be considered as a pledge that Spain has recourse to diplomacy alone for a revocation of the de termination of the English Ministryond that all the ds appeals for assistance to the other Powers, of which so much has been said lately, are at an end. It is remark able that this intelligence gave yesterday an impulse to the value of Spanish Bends, which improved nearly one per cent. though all the best accounts from Madrid concur in stating that FERDINAND remains obstinately resolved never to recognize the obligations of the Cortes. The French Papers of Saturday have reached us, but they contain no intelligence of any importance. The Etoik announces that " Austria, Russia, Prussia, and France, are united in the resolution not to acknowledge the independence of Mexico and Colombia." We doubt this; but if suet a determination had• been come to, sufficient time has not elapsed for the Etoik to *now it. Ile this as it may. the conduct of these Powers cannot in any degree affect the decision of our Govertl ment, which has been made after due deliberation, alai after every Court in Europe was well acquainted with its intentions. The Constitutionnel, in noticing the a s sertions of the Etoik above quoted, says—" As England has pro. claimed this acknowledgment, here ss ill be a manifest schism. Our policy is united to that of three other Powers, who have different interests from us, and whose 1