The National Register. — London, England, 1820-07-17 00:00:00

LAIV INTELLIGENCE. COURT OF KING'S BENCH, FRIDAY, JULY 14. CAMPUELL V. DELMONT. This was an action in which the plaintiff, a Colonel of marines, sought to recover a compensation from tl.e defendant, a gentleman of landed property in Lincoln shire, and a Captain in the same corps, for the seduc tion of his wile, 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 ; tier father was a Major and Barrack-Master at Chatham. Witness was in the habit of visiting at Plaintiff's house, tip 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 Col. Camp. bell's, written to witness whilst commanding the Le viathan, in the Mediterranean, bespeaking his inten tions for Mr. Delmont, then a Subaltern, serving on board the York. Cross-examined.—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 wile at that time towards each other to what it had been formeey. Witness first saw de fendant at plaintiff's house in 1814; he had no inti mate knowledge of the defendant. Its. Innis, widow of the late General Innis, knew Mrs. Campbell and Colonel Campbell front 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 sible for any persons to live more happily than thew 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 Delman never, to witness's knowledge, drove Mrs. Campbell front Chatham to town in a gig. Witness recollected ones occasion on which Capt. Delmont drove Mrs. Campbell from witness's house, in town, to General Hulse's, near Foot's Cray, in a gig. NVitress under stood Captain Delmont was C4l. Campbell's most par ticular friend. Airs. Page had known Col. Campbell thirty years, and Mrs. Campbell previous to her marriage. llad visited them since their marriage most intimately. They were an extremely happy couple. Col. Campbell introduced Capt. Delmont to witness as his most parti cular friend. Sir FL 13.11, General of Marines, had known Colonel and Mrs. Campbell for 14 or t 6 years, and fur ten years visited them frequently; they were for that time a most happy couple. Witness had seen them only oc casionally or the last six years, but there appeared to him no alteration: the Colonel was a most indulgent husband. Sir Richard Williams deposed to the affection appa rent between the plaintiff and his lady. Thomas Briggs lived servant with the Colonel fur a year and a half previous to Mrs. Campbell's quitting her house. Proved the affectionate terms and the confidence which exist d between his master and mistress. Capt. Delmont was a frequent visitant, he dined with the Co- lone) every Sunday. Cross-examined.—Witness did not live in the Colo house, but was there every day, front nine in the morning till six in the evening. There was another man-serrant in the house. Witness never saw Captain Delmont drive Mrs. Campbell in the gig. The Captain sometimes slept in the house.—Wimess never saw any thing to excite suspicion in the conduct of either Mrs. Campbell or Capt. Delmont. Wright, the other man servant, deposed to the same effect, as to the happy terms on which his master and mistress lived. Mrs. Campbell quitted her home on the 6th of April, 1818. NViniess traced Mrs. Campbell to Story's Gate, in the Park, and there lust sight of her entirely. Cross-examined. —Witness went of his own accord to Capt. Delmont's solicitor, who told him that he would produce Capt. Delmont at any time, or receive process for him, but witness did not tell his master. The Cap tain used to call freqtvently, ahnost every d ty, sometimes twice a day. Mrs. Campbell used to sit in her dressing room, and frequently received the Cailatit there, who sometimes staid two or three hours at aurae. Oil sonic occasions, when the Captain dined there, the Colonel would continue iu the ditni.;-roton after the Captain and Mrs. Campbell had quitted the rotnn ; and the Co lonel would sometimes go out and and leave the Captain with his lady. Sometimes the Colonel would go to red of an evening, and leave Mrs. Campbell and the Captain together, and the Capt. sometimes lottk her out in Its —he was frequentfier companion. Once saw her wear a ring, which, one of the female servants seid the Captain gave her; recollects some articles being sent after her when she had quitted her home. There was a sofa in the dressing-room, and the room had a d ou ble do ur . Believer the other presents were to the Colonel and Mrs. Campbell. She was in the baud of receiviog company in her dressing-room ; it tea; in the most in which she saw company ; die might sona.tiines dress there. Thomas li.iiutwin teas s% iil.i gun the road, on the of April, and saw the defendant :tad Mrs. Campbell pass hiin in Capt. Delirium's house. George Nash, a serjeant of marines, was sent in va unt of Mrs. Campbell, but could not mace them. Ile saw them by accident in Oxford-street in the October following, and traced them to No. 200, Oxford-Street. He afterwards enquired at that house for r. and Nits. Delmont, and was told by the servant tiny were gone out. Mr. Smith resides at No. 200, in Oxford-street: he recollects the defendant and Mrs. Delmont coining to his house and taking his first floor they hived there as man and wle tor Inlit mouths. THE NATIONAL REGISTER. Mr. Scarlett then addres::ed the Jury ois the part of the defendant, and submitted that the plaintiff was pot 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, afforded opportunities fur an im proper attachment being formed between her and Capt. Delmont, quite forgetful of the disparity there was in the ages of himself and Airs. Campbell, and how much more suit:side the union between her wit( Capt. Delmont would have been. _ _ _ The Chief Justice summed up, and the Jury fnund a verdict for the plaintiti—Damages suo/.—Costs 4us. COURT OF COMMON PLEAS. ORME. P. ATTLEY, SMITH, GAITSKELL, & TOUR OTHERS. (Blybre Mr. Justiec Park and a Special Jury.) This was an action to recover damages for an injury sustained by the plaintiff, in consequence of a computa tion entered into by the defendants, who are malt distil lers and rectifiers, to deprive him of his situation. Mr. Sergeaot Vaughan stated the case for the pla;ntiff. The defendants a body of affluent men, had thought tit to enter into a conspiracy to raise the price of spirits.-- They assembled together to raise the in of gin. After some discussion, they fixed it at twelve shillings per gallon, and px,sed a resolution, that any agent or servant who should sell nutlet that price should be discharged by his employer. 'The plaititiff had been formerly 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 homeof 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 2d. a gallon under price. Mr. Langdale, being a rectifier, was obliged to apply to the defendants for a supply of raw spirits; but the body having ascertained that their resolution was infiinged, assured him that unless he dismissed Mr. Orme he must carry en his business without any aid upon their part. Mr. Lang dale, who had the highest opinion of Mr. Orme% inte grity and talent, front which he had already reaped con siderable advantage, remonstrated with the committee upon the cruelty of depriving a mail 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 cud Alr. Langdale was compelled to discharge the plaintiff, who was a loser by that event of about 1,0001. a ytar. The plaintiff's receipts in one year for the house amounted to 120,0001., and he was allowed id. per gallon commissiou upon the quantity of spirits dis posed of. For this injury the plaintiff now sought com pensahon and damages. Alarmatluke Langdale, examined by Mr. Sergeant 'Faddy, said, that, in 1818, he was a rectifier of spirits. In 1817 he had taken Min his service Mr. Orme, the plaintiff, woo was extremely well acquainted with the business, and to whom he gave a commission of id. on each gallon he disposed of. The plaintiff's piofits in two years amounted to 2,0761. 4s. Id. Mr. I lodges was a rectifier. Mr. Smiths was an ostensible rectifier; he be 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 lie pleased. He received a paper from the Secretary, dated the 29th of June ; 1818, ex pressing the resolution of the Committee that the trade should not sell gin less than Its. 011. a gallon. The paper also coutamed an amount of the penalties to which a violation of the resolution would be subject.— One affected the clerk or agent who should sell spirits at an wider price, by directing his immediate dismissal. In December 1818, another resolution passed directing that gin should not be sold uuder 12s. per gallon after the 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 Deceinner, 70 pipes of gin. In the begin ning of 1819, finding that trade was %cry slack, he was obliged l 0 make sales under price ; and tit Jour, 1819, Mr. Urine, with his consent, disposed of some gin tes publican, named 11 . right, at 2d a gallon under the esta blished price. Ile also agreed with four rectifiers to supply gin at 2d. per gallon under the 12s. It was on the l ltli of June he sold the spirits to Wright, and at the latter end ofJuly he was summoned before the com mittee. Mr. Attley, one of the defendants, produced a 51. note in his presence, and said that Mr. Orme had paid it to a Mr. Wright in the course of a (haling, itt opposition to the rules of the committee, and that Alt. Urine must be discharged. All the defendants were present. W:ines%es begged a fortnight's delay, to come tit arrana c ensents with Al r. Dime. Mr. S rich and Alt. Booth objected la this indulgence, but the other five agreed to it. Mr.Oritie bad six or se% en thousand pounds to receive that week for him, was all eXCellelll character, and extremely conversant in the business. Witness was thus compelled to part with Mr. Dime iu etnistapience of the threat that the malt distillers %%mild no longer suppl!. Inns with the raw matenal. Ile %vas in the habit of dealing with Messrs. Attley, Leader, and a brother of his. The glollllll on which Mr. Untie %la,. ordered to he discharged was his money transactions with Wl:ght. There were butt five malt distillers in Loudon: there were about a hundred rectifiers. Cross.exumined by Mr. Sergeant Lets.—The malt distillers paid a duty to Government, and sold to the rectifiers, who paid no duty. The. Walt-distillers had, in general, excellent capitals. He believed their capita! was upwards of a million. The rectifiers had less capital, and required less. Mr. Smith, Mr. Booth, and Mr. Hodges, broke through the establiseed rule on the 19th of December. One said he could not go on be cause there was not spirit enough : another, because there was not water enough, since the resolution had been citified into effect, H e understood it to be one of t3l the resolutions of the COMMILIee that he should not have spirits till he discharged Mr. Orme. The malt distillers raised the price as they pleased, without hay. itig any conummicanott with others. There was less profit to the concerti after the depatture of Mr. Orme than during his stay. The insolsency of the witnesses' house was not produced by this mode of underselling. M. Orme had but two had debts during the whole of the time. Ills return was above 240,000 gallons per annum, and the atnomit of the had debts was WO.— Witness could AAA to sell at the underlirice, for his profits were 4d. per gallon, notwithstanding the state of reduction. In answer to a question from the Judge, witness said, that it was in consequence of what passed from the committee that lie dismissed Mr. Orme. He hail sup posed that the committee would have passed it over. Mr. Paine, brother-in-law to the plaintiff, said, that Mr. Atticy 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 coinminec having learn ed this, they feared it would be necessary to discharge him. \1 r. Orme then made a very strong appeal to Mr Attley, and expressed a hope that he should not be singled out an object for punishment. Mr. Attley said, he must be discharged, any thing else was impossible. He then said, " Mr. Langdale, can I go to the com mittee on Monday, and say Mr. Orme is discharged? Mr. Langdale, eviden ly affected, said, " You may, sir, but not with my consent." :file resolution of the committee was then produced in sub ranee, as already stated. Jolt Wright, a publican, was the last witness. ;It. Sergeant Lens, for some of the defendants, con tended that nothing 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 loss. 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 com pensate hint. Mr. S..rgeant Cross spoke for the other defendant. The Jury consulted ior a few minutes, and returned a verdict for the plaintiff—Dainages 1,5001. The following is a copy of the Petition presented last week to the House of Commons, by Sir James Mackintosh. IVs trust that it will meet the atten. tion it deserves, and that while such laudable efibrts. 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 ROBERT lIAWKE,, Eilq• mid EDWARD TAYLOR, Esq. Sheriffs of the City and County of Norwich, She well', That the Sommer Assizes for the Comity of Norfolk, are hell at Norwich, but the Spring Assizes being held at Thetford, only one General Gaol Delivery for the said city takes place iu the year, and that persona charged with capital felonies are thereby subjected to a protracted and unnecessary time of imprisonment before trial. That your petitioners have now in their custody the following prisoners, all of whom would have been tried at 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. Benjamia Afarrison - 30, -- George llnisvick - Robot Emms Oct. 0, -- Lane Smith - Henry Wright ......... Jan. 15, 1630. George Rubsell - Mark Okes Your Petitioners humbly pray, that your Honourable House s ill take this subject into your serious couside• ration, and they are encouraged to hope, that the same regard to the prompt and equal administration of justice, which has dictated an alteration in the tiDleS of holding the Assizes in the Northern Cimuties of this Kingiloni,wia obtain for the Citizens of Norwich the enjoyment of a right, which is now possessed by nearly till the inhabit ants of the Empire. We !enmity lettersjust received here host Newfoundland, dated JIM! the :ale, that the expedition which left St. John's ill till aut umn of hint year, tinder the ditection of Capt. Bu chan, of his Majesty's ship Grasshopper, having for its object to open a communication wed' the Aburi4ines of I iie 'shoed, by way of the 11:13 of Cx plaits, hod failed, and that Itiat skilful and intelligent officer us itli his 'terse. (aim; comoanieuar Lad returned. It up pears that tie Crass/iJppt, having leached the river, from St. John's, in D,3 ember laa, nue housed over, and made secure to enable the per.oo. left on Muted to cut -minter the incletneticy of a Nen tomiditilld winter. 'Mary Mitch. the female native lode pi lair, ))))) who was to have been the medium of cnnuuunicntiou with her native friends, died on %Ma ri: the Gra.ohopp,o• before the expedition could set out frt.in the lily of P;xilidits. Ab, ut the middle of Jantatiy, Capin, Buchan, Mr., (Amara C. IValler, Nlidshipman. the Itoatsw aim, and Monet sixty men, proceeded .5 itli sle.,lis on the ice, cunlai.:ina liar prosui nrs, Cc., as also toe body of tiie female ; unit the spot has ins; Ih. n ;mimed out by Mr. Peyton (a in , ri - ha tit 55 Ito aecom panted the e lied ition ), atie., the rem:olllre took place luxtvecii bit party 1111:1 the Indians, when the husband a Mary March was titled, her hotly, mviamented with i nn . kets, 55 a. deposited rtloni:,side that of her hushand. Ca:4. Buchan oo:tinned a research of upwsirtls or 40 days, hat Si:. not able to dtecover the sli.4 blest trace of the maitre leidians. Whether they MO ded to s owe other pail of the I.luud, ors had been exterminated by the Esquimau x Ititlaros, whin t 3 obtain the furs with WIIIC t hey are % ewereed, ar , k•'uou in invariably murder the in at every o ppot [unity, cold I II ut ascertained t but it appeared us:lebs w pruc,el Cath. in the 'catch.