The National Register. — London, England, 1820-07-16 00:00:00

LAW INTELLIGENCE. .../am.. COURT OF KING'S B E NCH, FRIDAY, JULY ►4. CAMPUELL Y. DELMONT. This was an action in which the plaintiff, a Colonel of marines, sought to recover a compensation from the defendant, a gentleman of landed property in Lincoln shire, and a Captain in the same corps, for the seduc tion of his wife, the damages were laid at 20,0001. The Solicitor-General stated the case to the Jury, and called the following witnesses. Capt. Campbell, of the Navy, proved the marriage of the parties on the 9th of December, 1802. Mrs. Campbell was Miss Mowbray; her father was a Major and Barrack-Master at Chadian'. Witness was in the habit of visiting at Plaintiff's house, up to the time of Mrs. Campbell's elopement. They were a most happy and most attached couple; their affection ap peared to be mutual. Witness knew Mr. Delmont; he was introduced to him by a letter of Cr 1. Camp bell's, written to witness whilst commanding th e Le vialkise, in the Mediterranean, bespeaking his inten tions for Mr. Delmont, then a Subaltern, serving on board. the York. Cross-exatnined.—Col. Campbell, at his marriage, was:about forty, Mrs. Campbell one or two-and twenty. The last time witness visited the Colonel was in 1817; he saw no difference in the conduct of the plaintiff and his wife at that time towards each other to what it had been former:y. Witness first saw de fendant at plaintiff's house in 1814; he had no inti mate knowledge of the defendant. Mrs. widow of the late General Innis, knew Mrs. Campbell and Colonel Campbell from the years 1795. Mrs. Campbell passed six weeks with witness during the Colonel's absence on service in Holland in 1814. Witness knew him intimately; it was impos. amble fur any persons to live more happily than they did. The Colonel was a most kind and affectionate husband. Cross-examined.--Mrs. Campbell is near forty; thinks the Colonel is turned of sixty. Captain Del iiiii en never, to witness's knowledge, drove Mrs. Campbell from Chatham to town in a gig. Witness recollected one occasion on which Capt. Delmont drove Mrs. Campbell from witness's house, in town, to General fluke's, near Foot's Cray, in a gig. Witness under stood Captain Delmont was Col. Campbell's most par ticular friend. _ _ _ Mrs. Page had known Col. Campbell thirty years, and Mrs. Campbell previous to her marriage. Had visited them since their marriage most iiiiimately. They were an extremely happy couple. Col. Campbell introduced Capt. Delmont to WillICI'S as his most parti cular friend. Sir H. Bell, General of Marines, had known Colonel and Mrs. Campbell tor 14 or 16 years, and for ten years visited them frequently ; they were for that time a most happy couple. Witness had seen them only oc casional l y for the last six years, but there appeared to him no 'alteration : the Colouel was a most indulgent husband. Sir Richard Wtlliam3 deposed to the affection appa rent between the plaintiff and his lady. Thomas Briggs lived servant with the Colonel for a year and a half previous to Mrs. Campbell's quitting her house. Proved the affectionate terms and the confidence which existvd between his master and mistress. Capt. Delmont was a frequent visitant, he dined with the Co. lonel every Sunday. Cross-examined.—Witness did not live in the Colo nel's house, but was there every day, from nine in the morning till six in the evening. was another matt-servant in the house. Witness never saw Captain Delmont drive Mrs. Campbell in the gig. The Captain sometimes slept in the house.—Witness never saw any thing to excite suspicion in the conduct of either Nits. Campbell or Capt. Delmont. Wright, the other man servant, deposed to the same effect, as to the happy terms on which his master and miasma lived. Mrs. Campbell quitted her home on the 6th of April, 1818. Witness traced! Mrs. Campbell to Story's Gate, in the Park, and there lost sight of her entirely. Cross-examined.—Witness went of his own accord to Capt. Delmont's solicitor, who told him that lie would produce Capt. Delmont at any time, or receive process for him, but winless did not tell his master. The Cap tain used to call frequently, almost every day, sometimes twice a day. Mrs. Campbell used to sit in her dressing room, and frequently received the Captain there, who sometimes staid two or three hours at a time. Oit sonic occasions, when the Captain dined there, the Colonel would continue in the dinino-room after the Captain and Mrs. Campbell had quilt ed the room ; and the Co lond would sometimes go out and and leave the Captain with his lady. Sometimes the Colonel would go to bed of an ettenia', and leave Mrs. Campbell and the Captain together, and'the Capt. sometimes took her out in his gig —he was frequent.lter companion. Once saw her wear a ring, which one of the female servants s..id the Captain gave her; recollects sonic articles being seta alter her when she had quitted her home. There was a sofa in the dressing-room, and the room had a double duar. Believes the other presents were to the Colonel and Mrs. Campbell. She was in the habit of receiving company its her dressing-room ; it was in the room in which she saw company; she might sometimes dress there. Thomas Baldwin was walking on the road, on the 6th of April, and saw thedefendant aud Mrs. Campbell pass him in Capt. Delmont's house. George Nash, a serjeaut of marines, was sent in pur suit of Mrs. Campbell, but could not trace thesis. Ile sew them by accideut in Oxford-street in the October following, and traced them to No. 200, Oxford-street. He afterwards enquired at that house fur Mr. and Mrs. Delmont, and was told by the servant they were gone out. Mr. Smith resides at No. 200. in Oxford•strc.•t : he Treollects the defendant and Mrs. I)elinont coining to ins house and taking his first Hour : they fired !bete us turn Alld wile for tialit mouths. THE NATIONAL REGISTER. Mr. Scarlett then addressed the Jury on the part of the defendant, and submitted that the plaintiff was not en titled to damages, inasmuch as he had not paid that attention to his wife which he ought to have done, but had, on the contrary, affurded opportunities for an im proper attachment being formed between her and Capt. Del mont,quite forgetful of the disparity there was i n th e age, of himself and Mrs. Campbell, and how much inure suitable the union between her and Capt. Delmont would have been. The Chief Justice summed up, and the Jury found a verdict for the plaintiff—Mmages 5001.—Costs 4os. COURT OF COMMON PLEAS. ORME. V. ATTLEY, SMITH, GAITSKELL. & rout OTHERI (Brim. Mr. AdiCC Park and a Six. 'A Jury.) This was an action to recover damages for an injury sustained by the plaintiff, in consequence of a combina tion entered into by the defendants, who are malt distil lers and rectifiers, to deprive him of his situation. Mr. Sergeant Vaughan stated the case for the plaintiff. The defendants a body of affluent men, had thought lit to enter into a conspiracy to raise the price of spirits.— They assembled together to raise the price of gin. After some discussion, they fixed it at twelve shillings per gallon, and passed a resolution, that any agent or servant who should sell under that price should be discharged by his employer. The plaintiff had been formerly a distiller of respectability, but having failed in business, was obliged for the support of his family, to enter into the inure humble though not less responsible situation of agent for the houseof Langdale and Company. Mr. Langdale found it necessary, while the plaintiff was in his service, to deviate from the course enjoined by the authority of the committee 'of distillers; and finding that it was answering his purpose to dispose of his stock at a reduced price, authorised the plaintiff to sell his gin at ed. a gallon under price. Mr. Langdale, being a rectifier, was obliged to apply to the delendants for a ' supply of raw spirits; hut the body having ascertained that their resolution was infringed, assured him that unless he dismissed Mr. Orme he must carry on his business without any aid upon their part. Mr. Lang dale, who had the highest opinion of Mr. Orine's inte grity and talent, from which he had already reaped con siderable advantage, remonstrated with the committee upon the cruelty of depriving a man with a large family of the means of bread; but the remonstrance produced no effect except general expressions of regret at the un avoidable consequences of the clerk's disobedience. In the end ill r, Langdale was compelled to discharge the plaintiff, who was a loser by that event of about 1,0001. a year. The plaintiff's receipts in one year for the house amounted to 120,0001. and he was allowed Id. per gallon commission upon t he quantity of spirits dis posed of. Fur this injury the plaintiff now sought com pensation anti damages. Martitadtike Langdale, examined by Mr. Sergeant Taddy, said, that, in 1818, lie was a rectifier of spirits. In 1817 he had taken into his service Mr. Orme, the plaintiff, who was extremely well acquainted with the business, and to whom he gave a commission of Id. on each gallon he disposed of. Time plaintifFs profits in two years amounted to 2,0761. 4s. Id. Mr. Hodges was a rectifier. Mr. Smith was an ostensible rectifier; he bc- lieved him also to be a malt distiller. Mr. Booth and Mr. Gaitskell were also rectifiers. When witness took the plaintiff into his house there was no spirit committee. Every person sold as he pleased. He received z paper front the Secretary, dated the ygth of June, ISIS, ex pressing the resolution of the Committee that the trade should nut sell gin less than I Is. tid. a gallon. The paper also contained an amount of the penalties to which a violation of the resolution would be suhject.— One affected the clerk or agent who should sell spirits at an under price, by directing his itnmediate dismissal. In December ISIS, another resolution passed directing that gin should not be sold under les. per gallon after tote 19th of that month, and that all contracts entered into in contradiction of that rule should be erased. In consequence of this regulation he erased from his books, on the 21st of December, 70 pipes (Agin. In the begin ning of 181 g, finding that trade was very slack, be was obliged to make sales tinder price ; and in June, 1819, Mr. Orme, with Isis consent, disposed of some gin to a publican, !tamed Wright, at exl a gallon under the este , !dished price. He also agreed with four rectifiers to hullo) , gin at 2d. per gallon under the I 2s. It was on tile I Ith of June he sold the spirits to Wrigia ' and at the latter end ofJuly he was summoned before the com mittee. Mr. Attley, este of the defendants, produced a 31. note in his presence, and said that Mr. Orme bad paid it to a Mr. Wright in the course of a dealing, itt opposition to the rules of the committee, and that Mr. Orme must be discharged. All the defendants were present. Witnesses begged a fortnight's delay, to come to arrangements with Mr. Orme. Mr. Sibith and Mr. Booth objected to this indulgence, but the other lit e agreed to it. Nlr.Ornie had six or seven thousand pounds to receive that week for him, was an excellent chat acter, and extremely conversant in the business. Witness wa s OM, c pact! to part with Mr. Orme in consequence of the threat that the malt distillers would no longer supply hint with the raw material. Ile was in the habit of dealing with Messrs. Ailey, Leader, and a brattier of his. The ground mt which Nis. Orme was ()Meted to he discharged was his money transactions with Wright. There were lint five malt distillers in London: thine were about a h lied rectifiers. Cross-examined by Mr. Sergeant Leks.—'flic malt distillers paid a duty to Government. and sold to the rectifiers, who paid no duty. The malt-distillers had, in general, excellent capitals. lie believe:l Linn capital was upwards of a minim'. The rectifiers hail less capital, and reipiired less. Mr. Smith, NI r. Rooth, and Mr. }lodges, [mike through the established rule on the 19111 of December. One said he coil Id not go on be cause there was not spirit enough : another, because there was not water enough, since the resolution had becu carried into t fleet, lle understood :1 to be one of the resolutions of the committee that he should not have spirits till he discharged Mr. Orme. The malt distillers raised the price as they pleased, without hay. ing any communication with others. These was less profit to the concern after the departure of Mr. Orate than during his stay. The insolvency of the witnesses' house was not produced by this niode of underselling. Mr. Orme had but two bad debts during the whole of the time. His return was above 240,000 gallons per annum, and the amount of the bad debts was 1621. Witness could afford to sell at the under-price, for his profits were ttl. per gallon, notwithstanding the state tat reduction. In answer to a question from the Judge, witness said, that it was in consequence of what passed from the committee that he dismissed Mr. Orme. lie had sup posed that the committee would have passed it over. Mr. Paine, brother-in-law to the plaintiff, said, that Mr. Attley and Mr. Anderson called upon him in July, 1819, and told him that Mr. Orme had been undersell ing in the price of spirits ; the committee having learn ed this, they feared it would be nesessary to discharge him. Mr. Orme then made a very strong appeal to Mr. Attley, and expressed a hope that lie should not be singled out an objett fur punishment. Mr. Attley said. he must be disc:iarged, any thing else was iinpassihle. He then said, " Mr. Langdale, can I go to tha coin mittee on Monday, and say Mr. Orme is discharged?. Mr. Langdale, eviden ly aflected, said, " You may, sir, but not with my consent." The resolution of the committee was then produced in \dos:ince, as already stated. Jiltsn Wright, a publican, was the last witness. Mr. Sergeant Lens, for some of the defendants, con tended that rmthing in this case trenched upon the law. The defendants had joined in proposing the best securi ties for the protection of an immense property, to en. danger which might be the source of great public lose. If Mr. Langdale dismissed his clerk from fear or any other motive, it surely could not be construed into the act of those gentlemen. if the clerk had a right to complain, it was of his master; and if he sustained any pecuniary injury, it was the duty of his master to cont• pensate him. Mr. Sergeant Cross spoke for the other defendant. The Jury consulted for a few minutes, and returned a verdict for the pl ' '6 —Damages 1,5001. The following is a espy' of the Petition presented last week to the House of'Comtnons, by Sir James Mackintosh. We trust that it will meet the atten tion it deserves, and that while such laudable efforts are making to reform and improve the discipline of our prisons, the claims, the just claims of the Sheriffs of Norwich, in behalf of those unfortunate individuals who are committed to their custody, will not be overlooked, or sacrificed to the selfish wishes of a trumpery corrupt Borough. To the Honourable the Commons of the United Kingdoms of Great Britain and Ireland. The humble Petition of HOBIRT Irlawass, Esq. and EDWARD Tavr.uw, Esq. Sheriffs of the City and County of Norwich, Slieweth, That the Summer Assizes far the County of Norfolk, are held at Norwich, but the Stiring Assizes being held at Thetford, only one General Gaol Delivery for the said city takes place in the year, and that persons charged with capital felonies are thereby subjected to a protracted and unnecessary tune of imprisonment betote trial. That your petitioners have new in their eustody the following prisoners ' all of whom would have been tried sat the last Spring Assizes, if they had been held in this City, as will appear by the dates of their respective com mitments. Benjamin Rumball, committed Sept. 11, 1819. Benjamin Morrison - 30, -- George Rattvick - 30, --- Rubel t Fronts Oct. 0, Laze Smith Henry Wright .... George Russell - Martz Okra ...... Feb. 8, -- Your Petitioners humbly pray, that your Honourable House will take this subject into your setious conside ration, and they are encouraged to I,upe. that the same regard to the prompt and equal administration of justice, which has dictated an alteration in the times of holding the Assizes in the Northern Counties of thi, kingdommil obtain for the Citizens of Norwich the enjoyment ut right, which is now possessed by neatly all the inhabit ants of the Empire. We learn by letters jest recciVedii.Tri dated June the sth, that the expedition which left St. John's in the autumn of last year, under the direction of Capt. Bu chan, (Whir Majesty's shiii Grasshopper, having for itsohjeet to open a COMll.llilleatioll with the Aborigines of the Island, he way of the Bay of lisplotts, had failed, unit that t h at skilful and intelligent officer is ith his persecerini; companions had returned. It appears that the Grassl.apt,' ha. in ►eached the river, from St. John's, in December last, it a+ housed over, and made secure to enable the persons left on board to encounter the inclemency of a Nenfouiall.thcf winter. Mary March, the female wive Intl an prisonci„ is 110 WaS to have been the medium of communication with her native friends, died on board the Grasshupp. r before the expedition could set out frou the Bay sit Exploits. All. ut the middle of January, Captain Hoehn'', Mr. Charles C. Waller, Midshipman, the Boatswain, and about bitty met., proceeded with sleighs on the ice, containing their provisi ons, Ace., as also the bosh of the tensale laden') ; runt the spot having been pointed Who accompanied the e cpedition), whs. a the reticonire Godk place between his party and the Indians, whin the husli.o.d of Mary March was kited , her had), ornamented with Irio.• kets, was deposited alongside that of her husband. Capt. Buchan rinitintied a research of upwards of 40 days, bat w N. ooh able to discover the sliektest trace of the uat is e Inaotes. Whether they bad 'led to some other part of the Island, ins had beets esterminnied by the Esquimau: lothrins, who to obtain the fors with which they . are ...seised, are known hi invariably . murder them at every oppot to tidy , coul 1 oat lie ascot:tined ; but it appealed us.sless to tom:. ea any fortis r iu the seal k h.