The Statesman. — London, England, 1809-06-24 00:00:00

I A- ENCE. LAIV INTEL LI , COURT OF KING'S BLNCII, GUILDIIALL. Fritlug, June 23. strzucci BEFORE LOUII. ELL\ BUROUGH AT GVILDHAGL. DICK O!1 V. PARIS. Mr. GAttitow stated this to bo an action at the Wit of a young man who was by trade a currier, bat who, occasionally, assisted his father as a clerk in th,: husioess of supplying his Majesty's service 4th sailors. The father of the Plaintiff had been applied to by the Defendant to procure two snbsti. totes for his son, who was impressed into the na. . val service, sod was then put on board a King's slip at the Nore ; for it was a rule in the service to tet a person off from on board a man of war, upon his providing two substitutes, but rarely on any other terms. The Plaintiff's father procured thcsse substitutes, and performed the other requi sites at the Aduiiralty, to get an order fur the dis. char , e of this young man, stud the order was ob tained accordingly, but after that, something re mained to be done at Sheerness, to get the young man from on board, and to get him home ; that • .. was not the business of the Plaintiff's father, and therefore the Defendau t applied to the Plaintiff, de siring hint to go down to Chatham, and theism to Sheerness, and du sthatever was reqnisite to be stone in order to getting this young niau o nshore, which he di,), and accomplished his object, and for which he charged, including expenses, 71. and a fraction. Mr. Dickenson, the father, kwora that he was. applied to by the Defendant to procure substitutes fur his sou, who was then at Sheernesi, on board a King's ship, in order to get him out of the ser vice, and to do whist was sequisite to get a dis charge for him, at the Admiralty, which he did, and for which he was paid by the Defendant 381. --31guiueas of which he paid to Zhu substitutes, including two guineas tact) to the men who hroNlit them, and other expences ; so that he did not get, for himself, above four guineas for his own trout. ble. He added, that he had ended his undertak. ing, when he had procured tip order of Admiralty for the discharge of the Defendanes son ; but that the UefenJaut called on hint afterwards, and de sired him to go to Sheerness for him, an:l get his son from on board this ship, and bring him up. He 'could nut go, being occupied in other heal. nets open which the I:lAendant desired him to speak to his son about it, saying, " I do mat wan: hint to starve himself, but I will pay film his ex peaces, and seven shillings a day if 114 ii - g:111:' for a month—on which the Plaintiff un dertook to go to Sheetueas fur this purpose, 'and had certain interviews with the Admiral's Clerk, winch ended in the bringing on shoe • of the D.•feoilant's sun, and he came home to his fath:v. Thr i'fainitf was absent silt or .seven (jays on this occasion. Mrs. 1/ckuncon, wife of the last witness, and Inutber of the Plaintiff*, corroborated the evidence of her husbaoJ about the Defendant's anxiety shout his son, and his eedertaking to pay the Plaintiff's expense on this occasion if he would go down to Sheerness and bring the Defendant's son on shore, which was 41Weelletordiftry, - 11111t not until after the Plaintiff' hadhoen at Sheerness three Ile was absent in all seven days." Mr. Paws, for the Defendant, submitted, that the Plaintiff, ts.ito was.what is commonly called a (.rim:‘, ought' to hive procured the absolute din. eloar t :e of this young man, as well as procure for hint two substitutes, when he hail been paid 381. ; that the order for the tEseharge at the Admiralty was complete at tits moment it was homed, and that all the subsequent caption was superfluous. That another young man of the tame of Scott came up at the same time frog' the same ship, and this young man Scott paid nothing of this sort of after. charge which was claimed by this Plaintiff for what was done at Sheerner. IVllliena Scott said he was a sailor on board the same ship as the Defendant's son. His dig. charge was promoted (ruin the ship through the iutervention of a Mr. Johnson, which discharge Came from the Part-Admiral, to the Captain of I tho ship. That he and the Defendant's sun came on shore together, staid on shore fur a few hours, and then came•to London ; but did not sec the Plaintiff at Sheerness, or on hoard.— That the order for the discharge of the Defen dant's son arrived three days befhre he was die. Charge,'. The Dercnant's son, whose discharge was the subject of this action, was called as a witness ; bat it appearing that he, having had a legacy of 1001. left him, had engaged to-pay all the expenses of this action, he could not be a witness for his father, the Defendant. Mr. GARROW observed, in reply, that it was quite a mistake to suppose that the offices of this Plaintiff, at Sheerness, were useless after the discharge came down, for, without meaning to say that any bribery was ttecessaryortt, when a person came to suiicit the discharge of another, he could nut Lifect his impose, without making a proper bow to the Port Admiral's Clerk, and go through a good many forms, of which there "as no . proof that Mr. Johnson did not go through, before he procured the discharge of the young man of the bame of Scott, who had given his evidence on this occasion ; and it was to he remembered that the discharge from the ship was not all that the father of this young man looked for—he wanted to have him up iu London, lest he might, after his discharge. enter or be im pressed again ; and, therefore ) lie submitted, that the Plaintiff ought to bare a compensation for the services he had rendered in this case. Lord ELLexaottoueft summed op the evi -Imace, and inclined to think that the spirit of the contract between this Defendant, who was the father of the young man, and the Plaintiff's father, who undertook to obtain this discharge, was, that lie should do every thing that was ne cessary to accomplish that discharge; and that, upon obtaining that discharge from the Admi. ratty, uothio; more was necessary to be done to get the object of it his liberty, than to have it transmitted to the Port Admiral, where the ship lay, ise which that person was, in order to procure his liberation, and for the doing of which, the expence of Stl. in transmitting *letter by post, would be sufficient.—" I must prcinme," said his Lordship," for the honuut of the service, that these things are transmitted regularly, and that they are regularly acted . upon ; and that when a discharge is made out and issued from the Admiralty, no bargain it afterwards made, with ally body, about carrying it into effect. I hope and 1 con. fidentially trust, that when any person on board his Majtmly's fleet renders, as the price of his own discharge, two able-bodied men, and they arc accepted as the price of that discharge, and the exemption of that person from further ser. vice is ordered by the Admiralty on that account, he need not make any bargains with any person afterwards, fur the purpose of baying carried into effect that for which the honour of his Majesty's service is pledged." His Lordship doubted there fore, whether any of the service was necessary for which this Mimed' sued, because the whole of it might have been accomplished by a letter, and so the elder Dickenson and his wife might have told this Defendant ; fur it was highly probable that they knew the case to be so. Or if the journey had been at all necessary, three (lays would have been abundantly sufliciint. instead of which seven were charged, and the discharge was not proved to have been hastened; but there was room fur suspecting that it might have been delayed by the presence of this Plaintiff at Sheer ness. The Admiral and his olerk were bound to obey the order of the Admiralty. The presump. tion was that they did so; and he could not, with out proof, conclude that they did not. Both the father and the mother of the Plaintiff must be taken to know these things, and then this charge would be an imposition altogether on the Defend. ant; and he would be entitled to e ♦erdict. But if the Jury should be of opinion that the Plain . tiff's journey to Sheerness was accessary, then he would be entitled to a couple of days, but not seven days expence. If they thought it unneces. sary altogether, then the verdict should . be for the Defendant. The Jury, after anme consultation, found a verdict for the Ddent GREAYES 0. WATERIIOIISr. The Plaintiff, Admiral Greases, had taken four inside places and one outside by the Exeter Mail, and had agreed with the Defendant, who is the owner of the coach, to be taken up at his lodg logs at Charing-cross. The Admiral was ready at seven o'clock, and waited till half past eight ; hr tlien went to the Gloucester Cotfee-bouse, when .the mail was gone. The defence eras, that the Dofentlant had only agreed to wait at Charing-cress, and not to go to his lodgings ; hot it was satisfactorily proved by the Plaintill's.Attorney, that the agreement with 'hi Defendant was, to be taken.up at the Plain. till's lodgings. There was a verdict for the Plaintiff—damages 211. 10s. which was the eapence which he had been put to. COURT OF CO NINION PLCAS. Friday, Junc 23. smogs £T sin rams atroar. LORD CMS? JUSTiZE am JAMBS MAXSIIIIII.9. roY V. 111100DIPELL0*. This was an action brought by the Plaintiff, who is a ship's victualler, to recover the amount of a (lumpy of fresh beef, furnished to the ship of which the Defendant was Captain. The fact of the goods being delivered on board the ship was fully proved; but it was contended, on behalf of the Defendant, that the owner of the vessel was alone liable to the debt, the goods hav ing been furnished.entirely on bis credit. A man named GriMtbs, who represented him. self to have been the owner of the Willow, proved that the goods in question were not only obtained on his credit, but were actually ordered by him self from the Plaintiff. Tie added that he should have paid foe them but for the insolvency of his circumstances, having just availed himself of the benefits of the Lord.' A et. The Jetry having no alternative, found a verdict for the Duftsdant. LEVY V. LAWRENCE. This was an at ttou to recover damages for an assault which occarre•d three 'cars sine•. • The Plaintiff and Defendant were both Children of Israel, and it appeared that some personal al tercatiou took place between them respecting their respective genealogy, i►ut althmigh disputes ran htgh, the Defendant had the grace to keep his hands off the Plaiutilf, who is nearly•tbrice as old as himself. Several witnesses were called on behalf of the Plaintiff, hut none of them could prove that any assault took place. The Plaintiff was therefore non-suited. 4DMIR4 LTV SESSIONS. Friday, June 23. This day ao Admiralty Sessions was held at the Old Bailey, before Sir Wm. SCOTT, Mr. Justice Gaon, and a numerous Beuch•of John Sutherland was tried for the wilful murder of Richard Wilson, by wounding kim ih the lower part of the belly, on the sth of November last, with a dirk or dagger, of which wound he died on die 14th of the same month. In one count the Prisoner was charged with having committed the offence upon the high seas, and iu another io the Tagus. J. Thompson, an American Black, who served before the mast as an able seaman, deposed, that about a month before thit fetal event took place, he shipped with Capt. Sutherland (the Prisoner at the bar), who was master of the brig Friends, which was at that time lying in the River Tagus, about a mile from the city of Lisbon. That yes. sel was at • hat time in the transport service. On the eay stated in the indictment, the Prisoner went on shore ; the vessel had nut hoc full complement of men ; the crew consisted only of the mate, and ' two foremast men, besides the witness and the de ceased. The boy was not quite 13 years of age ; he was cabin-boy, ur servant to the Prisoner at the bar. On the Captain's return from shore, .11”.1••• there :vas no one on board but the witness and the deceased ; they were successively called into the cabin ; the deceased was called down to the cabin a second time by the Prisoner, and In about five minutes afterwards heard him cry out, calling on him (the witness) by name repe itedly. Supposing the Captain was only beating the boy, as usual, he took no notice, until the boy cried out repeatedly, and with more violence. He then went to the ca. bin, where he saw the boy rolling on the II ►or, ap parently in great agony, with his bowels hanging out. The Captain stood ovet the buy with a naked dagger in his hand.. The buy aliening his wound, said, "Sec what Capt. Sutherland has done tome!" The Captain at, first said nothing, but on the wit. ness proceeding to go upon deck again, the Cap. lain said, " I know, Jack, I hive done wrong." The witness in return said, " I see, Sir, yon have done very wrong." Witness then went up and hailed the Elizabeth transport, which lay near them ; a boat with the mate and two men belong ing to that ship came alongside, but they did not venture to go into the cabin. The witness then went with them to his Majesty's ship the Planta. genet, in order to procure a Surgeon, but to no purpuse. On his return to his own ship he found the Mate on board. The Captain ordered the Witness to put on shore to go hunt for i Doctor. They wont to the English Barracks, hut could not find one. After walking about some time, witness asked the Prisoner if he did not mean to go off (meaning to his ship), to which the priso. ner answered, " No, but you may go oft if von like." The witness, however, stuck close to the Prisoner until they met an English and a Port's. geese soldier ; witness told them what had hap pened, a.nd the Prisoner was conveyed on ship. board. The witness understood that in the mean while a Surgeon had come from the Audacious man of war, dressed the boy's wound, silo hail him put to bed. When the Captain came un board, the Mate asked him how he came to ii , e such a deadly weapon to the boy, pointing to the dagger. The Captain said, he would take care he should not hurt any one Ow with it, and instantly threw it overboard. The Prisoner was next morn. ing cutiveyed on board the Audacious, and the boy was carried to that ship after him. The Cap tain did not appear at all convnlsed, agitated, ()- alarmed at the time of .the witness first going dow , ) into the cabin. The boy lingered under the con stant apprehension of death for the space of nine days, and died on the I4th of November. Mr. Irvine, the principal surgeon, and Mr, Bligh, assistant surgeon of the Audacious, dc.. scribed the nature of the wound. The Captain begged of each of the surgeons separately to do what they could to save the buy's life, adding, k : " fur by so doing you may be the means of say. ing mine." He said that he had committed the deed in a fit of rage and intoxication, adding, that he had been robbed and plundered by the crew, but never said a word against the buy. They were fully convinced that the wound was the cause of the boy's death. While the boy was under the must serious apprehension of his dissolution, Mr. Irvine took down in writing his declaration, in which be stated thaitaptaiu John Satherland at I first gave him a slight wound, upon which the boy exposed the wound to him, saying, " See what I you have done to me," on %I hich the Captlin in-' Aided on him a second wonnd, which was more desperate than the former. This was witnessed by ! the two surgeons, and attested with the mark of the boy, then almost dying. There was anotiver witness for the prosecu. lion, but it was agreed by the Counsel on bolts sides, that it was unnecessary to call him. Cir Christopher Robinson stated the case to the Jury; the Attorney-General examined the Witnesses; they were cross-examined by Messrs. Knapp and Gurney, Counsel for the Priso , ier. .* The Prisoner, when called upon for his defeat*, said that he left it entirely to his C o unsel. Several very respectable men gave the Prisoner an excellent character fur general humanity and mildness of disposition, previous to,the p.esent transaction. Sir NASU GROSt summed up the evidence for the Jury with the greatest perspicuity and minute. neat, laying down the law upon the case as he went along. He stated that drunkenness or pas sion were by no means palliatives which the law could admit fur the commission of such a crime; but, on the contrary, that every matt who took away the life of another during his intoxicati in, or in his nitre, ought to be anwerable for his crime in his sober or cooler moments, tudess. indeed, some circumstance shall apptair to palliate the of. fence, by some provocation on the part of the de. ceased, w hich shah chew that nothing like malice or revenge prompted him to the act ; and by those MOOS sink it to the level of a minor crime, such as manslaughter. As to the attempt sat up that the wound givers by the Prisoner previously would nut destroy life, and that sufficient skill had not been exercised in the cure of the wound, and that for want of sufficient skill the party died, it never could he admitted for one moment in doing away the evidence. " For suppose," the Learned Judge observed, 4t the wound - had been given in a situation out of all reach of professional skill, and that the party wounded had been under the care of the most ig. oersted and unskilful person, how could Cos do away the criminality of the party first inflicting the wound with a malicious intent ? If any thing occurred in the course of the evidence which could excite • reasonable doubt in the minds of the Ju. ry (and indeed he could see none), which could iud ace them to acquit the Prisoner of the wilful and malicious intent to murder, they would, of course give him the benefit of that doubt : on the, contrary, if they believed the evidence, and saw' no pretence alleged, even by the Prisoner, or his Counsel, that any provocation whatever had been given by the deceased, they must, of course, find the Prisoner guilty. For even supposing the Prisoner had been robbed by the deceased, that could not justify him in taking the law into his own hands." The Jury after a minute's consultation, found the Prisoner Guilty ; and the Presideut,' Sir WM. Seim., in an awful and impressive manner, ad dressed the unfurtuuatePrisuiser upun the heinous. nesvand enormity of ! his rime, him to make the best ivttB . Strthe short interval of life which reavaloott for, lane to make his peace with God by repentant.. 1., lie theit liasscd ipon him the seutelice Of the law; which w ig, that he bo hriged at ExecutiolliDuck, on illenelay nett, and that hts body be aftee*ards given to the b u rgeo us to be anatomized. The Prvio , ter heard his fife with escessire agitation ; rid h retiring from the Dock, was obliged to - Rave the Support of the attetid.snis of the prison. lie has, we underitand, a %.ifti and fire chit: dren, and k about 45 years of age.. The Sessions were then adliorned. SPORTING INTE L LIG E NCEL BIBURY RACES. TRURSDAY, JUNE 22. Mr. Goulbaro's Sweeper, aged, Pst. 31h. ngainst Sir C. Webster's 'lit-sag, 9st. The last mile. IJits. h. ft. 6 to 1 oo Sweeper.—Wna verb easy. The 13arrington Stakes of 25es. each. lJgs. forfeit, for all ages, to 0 miles ; three-year olds to carry 9st 91u.; tour year olds lUat. 'UHL ; 6,e-rear olds Ilst. 41b.; si:—. ear olds and aged 11 t. 91b. The winder to be sold for 1.30g5. If densanded *Min a quarter of as hour, Sic. Ld. U. Somerset's Waite Rose, 5 yrs, old - - 1 Mr. Rob's Rueebackle, 6 yrs. - - - 2 Sir J. Hawkins's Rui , ario, 3 yrs. old - - pd Mr. Comlburn's Romeo, 5 yrs. old - pd Gen. Grossenor's May, 5 viz. old - pd 5 to 2 agalost %Visite Rose. --Good race'. We. Pandas's Cumbrian, lOst. Sib. agaiast 'Lad C. Steaste set's Wiodsor 9st. New mile. 50gs. b to 4 against Cambrian.-IVen quite easy. Sweepstakes or 33gs. each. Two miles. Gen. firosvenar's Ridentan, Wit. alb. - - 1 Mr. 4 ;outburst's Romeo, list. - - - 2 Mr. F. Craven's The laconstant. 9st. 19b. - - 3 6t04 en Runeo-7 to 4 ayeatiahl Ritleotan. A neck. Hanaicap Plat. of :iUt. New mile. Major Pigot's Plougn .oy, 6 yrs. old, list. 51b. Mr. Houver:e's Barb iriaii, 5 yts. old. 11sr. MO. Mr. Drindues Cambtian, 5 yrs- old, 100. lib. Mr. Rash's Koeehurkle, 6 yrt. old, lOW blb. Lord C. Somerset's Cerberas. aged, I la. Itb. Mr. Goulburo's Rumen, 3 vrs. old, lUst. tlb. 5 to 4 ors tlarhattiats.—tiood nice. Handie..p Plate ..f '441. New mile. Mr. Bourrtie's Red-erom Knight, 4 yrs. old, list. Lind 6. Somerset's Wiodsur, 3 yrs. old, lust. Mr. Whitmore's Gazer colt, 4 yrs. old, 9st. lilb. Major Pigot's Prince Bladud. 3 yrs. ul I, 9st. Slh. b to 2 no Red-crass Kost,glit.—Good race. Lurd C. floasertee% Winds .r, lOst. 1 llb. received to-feit from. Mr. Pigot's Monk, 13st. 51b. Red-post, borne. b('. n. ft. - 1 4 TO TfIIi tt EDITOIC OF THE ST/ITES 5111 --•••••••• Whit! many are anxious to express their grati. tulle to Mr. W•nocx, An I his worthy supporters, in the Loser H sof Parliament, fur their ex ertions is behalf of public justice, there arc others who, well knowing tar feelings of the public mind, are still more anxious 10 prevent all public meet ings, th.it the people dliy nut have an opportunity of expressing their sentiments on a late interest+ lag occasion, av is evidmit from the followiug facts : • A Requisition was some short time ago handed about the Olin of fIonsHAIN, by a Gi•ntle. manj(ta *flora tt was transmitted under a frank of thooPhite. °iv Curate sea, requesting the High Sheriff NOT to call a Meeting of the County of Sussex, for the purpose of thinking Mr. WAR. DLL, &c. • 44i4h whom thiperigimrtedy trt• by - whom Ma requisition way written, I du not pretend to know; but the parties who aeted on the necation, were quite in character, and of a description who must naturi . lly he eeteeniely sensitive to every thing thatll.lates to ingests - Jr on the subject of public (thread. TitirGENTLENAtv, during the great. est part of the PITT Administration, was Deputy Pay-Master of the Forces, at a salary of 1000!. ,per ann. bat resided Pretty generally in Host. SHAM, the whole time he was in place. This sinecure he held under a relation, who, I belie, :- according to a Report laid before the Mauve of Parliament,. was found deficient in h accoant with the publit (long after his removal from that office) the amount of MART THOU SAND POUNDS; which, after a great deal of ex. planation, or, as it was by some ungraciously termed, trtivocation, and a confession that he had applied it for private use, he was at length compelled to refund—this, to be sere, is a mord. lying circumstance, and the more so as erery one knows it, and will sufficiently account . for the an. tiputhy which the • Gentleman alluded to has against Inquiries and Public Meetings. I believe, however, that his relation is yet one of his Ma. jesty's most Llnnoulable Privy Council, and still enjoys a snug sin& core of a few thousands per annum as is avowed ,n that faithful record of public thrift, called • Red Book. Whether the nob!, Earl knew the contents of the envelope which bore his name, and whether he has also an antipathy to Inquiries and Public Meetings, Ido not presume to ',risen—it may possib:y be a matter to him of perfect indif. ference, as he is well fa.raished with a good fat " steak" cut from the rump of John Bull. He has long ceased to butTA the political !pillows on the boisterous and unprofitable sea of Opposi. Lion ; and having anchored under the. Ice of the Post.olTice, wisely enjoys the Waal of 50001. per annum, pith the dlgnitate of his Peerage.— Such, Sir, are the high connections of some of the characters in this neighbourhood, who wish to sties the public voice, by opposing Public Meet ings ; but it is to be hoped that those who are not profiling by the depredationscodstantly committed on the public purse, will nut beliferalled on by the interested .fez, to forego any opportunity that may present itself, of expressing their disap. probation of such practices as are now known to exist. I have not been informed what sitccess the Geo- Heinen met with in obtaining signatures; but I learn that a Reverend Pastor at Horsham standiat the head of the list. I have'for many years knOwn the ab avemorthy cizitraetkrs mtrit accurately ; and I can conftdently assure you, Sir, that they arc. to a man, as rod, stannch Pettit,* as any in the kingtliaT : and as to their Iletst.tt ! I believe it was never' once doubted byNwsoll' reasonaittc crea ture!! indeed, they are aiNntutejnonopl:aers of Loy* LTV; atc canarcelv adrhit Oa ally one posiesses a particle nf,this virtue, who Is not Se' Nally a " participator," by holding a place ors, pension. I am, Sir, Your obedient Servant, Horsham. J our 4t, 1 Fta. lIENGIST. L • - •• -- 1111.1.. ing him to ral of life peace with ipon him that he be nett, and orgeons eicessive )pelt, was Wants of fire chit. 7EI viiist Sir Go •feit, for all Ilu.; Wor- ts. ; ear Id for 1.545. - 1 2 Pd Pd pd id C. Sasser- tsy. es. • 1 2 - 3 t. A neck. • t . 3 4 - 5 dr • st. - 1 - I - 3 . 4 re. aired to-feit bonic. "ES ALIN. their grail. ;upporters, r their ex- arc others iblic mind s ;Glee meet- p'purtunity e interest. followiug 'Ol