The Sun. — London, England, 1802-12-08 00:00:00

LAW REPORT. COURT OF KING's BENCH, Dzc. 7. )ITTINGS BEFORE LORD EI.LENBOROLICBI AND A SPECIAL JURY IN WESTMINsTER,HALL: AFFLECK, BART. V. SADLER. THIS Was on AaiOn for Deceit, which the De_ fondant practised on the Plaintiff, Sir Gilbert Afffeek, in selling to him, for gaol. a term of years in a House, With a reserved rent of tool. a year, - the Defendant representing that the 'house was in good tppair and perfealy sound,; whereas it was, to his knowledge, at that time, in such a state as that it was dangerous to live in it, a stack of chimnies of the house being so decayed, that they could hardly be repaired, without taking away all the old ma terials of them, sand re-building them with new. The Defendant, it was stated, had formerly .posed of this same house, to a Gt-ntleman'of the name of Clerk, for 17001. and-refuSed to'give Sol. for it back again, but took it fir the mere expence of the Conveyances : so that he had made between two and three thousand pounds for nothing, in this case. A Buildt'r, employed by the Plaintiff, swore, that after the Deed . of AsSignment was executed, conveying this house from the Defendant to the Plaintiff,• :was the following conversation-be_ tween them. - Sir Gilbert Affleck said to the fendant—" ni,l not you tell me,befOre I purchaSlO fiis house, that the deteas , I had mentioned ,to you, as pointed ‘ . >tit! to me-,-. ; had been remedied, - and, the house 'made perfectly sound as any house in Lon. don i" To which the D.-fondant, Sadler, answered,— " That ,he had told him so, and that he : had made the house as sound as any_ h'tuse in London."— Whereas, it was so far from it, that the Witness would not insure its standing for an hour; ;and on hi, Saying so, the Defendant lost his temper, and abused the Witness. The defeas had only been 'hidden with a little plaster, and the house made very fair appearance on the out - Side. Mr. GIBBS took an objection to any representra-, don which the Defendant made before the Deed of , Assignment was executed, because the written Deed must be taken to contain every thing that was bind-, ing in Law between the Parties, and no evidence could go to the Jury on any thing that related to that Deed. But Lord ELLENBOR , LIGa held that this convet sation was to he Cr!:,,iticred as a Fraud collateral to the Assignment, air. a part of the inducement which the Plaintiff' had for agreeing to, it, and therefore to he received in evident:el . but the point should be saved, if the Learned. Counsel thought. he could make any thing it. Verdict for the Plaintiff---Damages to be comput ed out of Court, by agreement. THE KING v. SEILAZ. • This was an indithnenr against the Defendant for writing certain Letters' to Lord Portsmouth, charg ing him-with attempts to commit a nameless 'crime, with a view of - extorting money from his Lordship. Mr. Ettsxixt—said,•he,was of Counsel for this Prosecution, which was an Indi6tment preferred. by the Earl of Portsmouth, in performance of one of the most solemn duties which a man could owe to himself, or to .the Public,- of which he was a meta_: ber. Thia Prosecution was for a charge made upon . my Lord Portsmouth, or rather for a Letter writ ten to him for the purpose, as.stated on the face of this Record, of extorting money, from him, under a threat of accusing the Noble Earl, of an attempt to commit an unnatural crime.. When he had stated that to be the foundation of this Case, ,he was sure the Jury would consider it with great attention.— They could not , but be sensible how very difficult it often was to bring men of just and honourable feel ings to do . their duty in such a case. - History told us, in many instances, how very unwilling men. were to bring forward such Prosecutions as the pre sent. It had pleased God, in his infinite wisdom, to implant in the mind of man, 'an abhorrence of this crime, the tendency of which was to disappoint the works of the Creator, 'by diminishing those joys which Divine Providence intended for the conti nuation of our species. It was therefore no won der that Human Nature shrunk back from the im putation of it, and this was the reason why these accusations had sometimes succeeded in their objed, whiCh was, to extort money ; nor was the first rate courage of men always able to face such. arkaccusa_ tion. _Men who had advanced even in the cannon's mou'th, had nut had fortitude to face a false accusa, tion of this nature, and rather than have such a crime even imputed to them,. had suffered them. selves to be robbed and plundered, and their peace of mind to be destroyed, rather than bring the guilty to the punishment they deserved. The Noble Prosecutor of this" inditiment deserved praise for the course he was pursuiug ; it was honourable to him ; he was married, and stood in a circle of high con neCtions, where he \vas esteemed. and honoured. The Law upon the subjea of the crime now'before the - Jury, had slept far ages, but it became so prevalent, that the Legislature thought it necessary to inter fere for the purpose of bringing such persons as the Defendant to punishment; it provided that such persons shall be imprisoned, set on the pillory, &c. My Lord Portsmouth hiad this Defendant in his service for a considerable number of years—indeed Vow his Lordship's youth, for he had been tippoint ed to attend his Lordship by his Tutor in Switzer land ; during the time he was in this service, the Defendant made the Noble Earl believe he was at tached to him, and performed all the .duties of a servant in his station. In the year'l799 my Lord Portsmouth left his houSe in Hampshire without the knowledge of his friends, which of course ren dered them very uneasy, and indeed alarmed them. They found that his Lordship was at an hotel in London, from whence he went to Yarmouth, with a view of going to the Continent, owing -toa 'con spiracy which had been set on four, which had for its object, not only the taking away the Noble Lord from his friends, but also to supersede the care of his family in all its concerns, and to dispossess his venerable parent of the power he had over these concerns; the Defendant .was atthe bottom of that foul conspiracy. All the pipers and documents concerning tliis conspiracy had been made the sub jeet of a Motion in the Court of King's Bench, last Term, on the part of this Defendant, to which there was a consent on the part oldie Noble Earl, and the papers were brought into Court; which they never could if his Lordship had not consented ; here, however, the papers all were, and subjed to what ever use the Defendant's Learned Counsel could make of them for . the.benefit of his Client ; but not knowing What:course was intended to be taken in that respect}, and not seeing what bearing they had, or could' have on the issue now before. the Court, he should take no more notice of them at present than to say, that among them•were some, Bonds and Se curities for the payment of an annuity by the Noble Earl to the Defendant of tool..4year i and -about, 35e1. in money alledge'd to have been advanced by the Defendant to his Lordship. The Defendant having charged the NOble Earl with this abomin 'able attempt, w,s afterwards taken into custody and secured, he having la:come the subject} of the suspicion of the Governinent of this Country, and was ordered out of it, under the authprity,of the Alien AA of the hardship of which the Defend ant had 'complained, but of, which no person' was permitted to dispute the propriety, since it was a power lodged by the Legislature in- the Executive Government, to be used by them according to their discretion. Perhaps.there never tvaS a Case which 'Mocked all description so much as the' present. In the usual course ofiniquity, esps-cially of this sort, the guilty , party took care to conceal, in his letters. and :.cOr resPondence,- the•inatnediate and palptble, proof of guilt, and therefore a difficulty was slirow:a-- in the way of the Prosecutor sometimes, in making out the CaSe on the part . of the Pinsecution ; but here . the Defendant ,l4d direftly d plainly-avowed his own guilt, as stated on - the- IZeCord of this Prosecution. This was a Letter in the hand-writing 9f flip'De fendant, dated the ifith of April 'Sol. It,,,appear ed_to have been written at Hainburgh, sent to the house - of the Noble Earl in Hampshire, sent from theuce :in his. Lordship's Town House in Lin_ and received by the Noble Earl there. Mr. ERsiot4 read the Letter, of which the following is the material part : " MY LORD, _ When any Nobleman chuses to, deny his. own word. i , he puts himselt on a level with the lowest subjea in His Mjesty's dominions. That your Lordship has d ne this, 1 have prjol—,l now pro. ceed to inform you, that in consequence' of your lence on my just demand, made. in my list Letter, I am come to a resolution, Which I will keep, so help me God.' The resolution I have taken is sim ply this---.lf I have not, by The return of post, a res_ titutior, made to use of every •Bond, Securities and Money otherwiSe • due to me froM your Lordship, I will 'expose to the world the repeated Attempts you have nude on me.—You well know' the penalty for and that penalty is Death. Your Lordship's consciousness of guilt will put you under the necessity of complying with the demand here made." . —Theti on the suhjed of moneif he said, that his Lordship - and family owed him' iOOO/. and then the letter proceeded to state, that he, was about to come to England, under the proreCtioryof Ministers of Courts in Amity with Grea: Britain, and that when he arrived, he should retain an erni nent Solicitor in Lit;icoln'S.ltin, and take measures to do himself-justice ; and concluded with paying, that whetherhe - should be exposed 'or not, depended on his. Lordship's own subsequent condud. Mr. Ettsukt observed upon' the iniquity of the Defendant, as it was proved by this Letter, upon which he expatiated a't' considerable length, consi dering it as the must daring profligacy that ever was exhibited in'a Co'tut oflustice . ; and yet after all this, he wrote another Letter to his Lordship, full of professions' of friendship, only saying, he wished to have his claim satisfied. Had there been any, foundation for his charge upon the•Nobie,Earl, would he, if an honest man,' ever have professed friendship for him'-,again —most indisputably this was a foul and infaMous.calUmny, all of which the Noble Lord was ready to deny on his - most solemn oath, and to prove that no man upon earth had more abhorrence of this detestable crinu: than hithself ; and there were many other Noblemen and Gentle men in Court ready . to beat the most honourable testimony for . hi,s ,Lordship, shewink that nothing they ever knew or heard of his Lordship had a ten dency to fasten this imputation on his charader.— He was visited by some of the most respeaable per sons in the kingdom, and esteemed by all who had the honour of his acquaintance. He should prove the letters to be of the hand-writing of the Defen. dant, and it 'would then be the duty of the Jury to find the Defendant Guilty. Lord PORTSMOUTH." The Defendant Seilaz lived with me as servant for some yers—l am well acquainted with the charaaer of his hand-writing. He attended me on my travels on the Continent:- I have not the least doubt that this letter is his hand writing. Lhave very often seen him write. I re eeived it at my house, in Lincoln's-Inn-Fields."—' This was the first letter of which we have given the substance. His Lordship proved the second, which we have described in like manner. His Lordship, on his cross-examination, said, During all the time the Defendant was with me, I had reason to be satisfied with his charafter. I believed him to be, and I found him, a faithful servant. His wages were z 6 or 30-guineas . a year ; I am not sure which. He is a Swiss by birth. He left my service in 1799. He came home in 1790. He returned with 'me from the Continent to this country. I always had a good opinion of him. On quitting my service he went to• Hamburgh. It was in the month of August', I believe. I was at Yarmouth, when he parted from me. I am not sure that he went immediately to Hamburgh, for he might have returned to London in custody. When I parted with the Defendant at Yarmouth, I believe there was due ..to •hitn. about zoo). I owed him also an Arrear of wages' of about 901. or loot. I had granted him a bond for the payment of an annuity previous to this time. He left. be hind him some of his goods at my house in Hamp shire, but I cannot tell what became of them. After -he left tne, he was a considerable time in prison." Another Witness proved d letters to be the Defendant's hand-writing. Mr. GARROW then submitted to-the Chief Justice, whether he was at „liberty to ask my Lord Ports. mouth, upon his solemn oath, whether there was 'the least foundation in truth in the 'imputation which the Defendant had by his letter 'endeavoured to fasten upon his charaaer; - Loa ELLENBoRouGH said,•he did not WoOler that - lher Learned Counsel for the Prosecution,: as well as theird•loble Client; shotild be anxious up . ort that subjetl,: but it was one which was not in issue upon :thisinditlment, and therefore he was bound to: rule that the question should not be put. The same submission . was made to examine aefiei Witnesses' in Court as to the .charaaer of my Lord Portsmouth, but over-ruled for•the same reason. • ' The letters were ,then:tgad. _ • _ _ _ Mr. ADAM, on the .part of the Defendant, ,Iph4, mitted an objeEtion in pojtit . of law to this caselo: ing w the-Jury, on the ; ground Ahat,,the Ag of Par, liament which made, the. Sending': of letters an. fence, extended only to thxise. letters which.,were sent with a view or ti - iNnt : to,tott gain inanFY, goods, or merchandizes,:& - c,• ~This, su'omitted, was not scnt with a view_ to . extort or gain,,rpone.y, .54c..tit, as it appeared jn evidence, to•pOtain what. was due to him., • • 'The JUSTI C E .over-ruled this objefticin, holding, that '.whatever was intended to procure money, whether due' •not, - by the terror 'of. a threat, was a species of extortion of money, and therefore within the meaning.of theAl of Parlia_ ment, for men were entitled. to appeal, to the laws of iheir-country=before they paid any tiemands made upon them, and no one had a right to terrify:them froth 'making such.. appeal. .... .._ . . Mr, 41./Atu declined saying any thing to the Jury Upon iiiis occasion.. ~.: . , . , . . Lord 14 . 1,4i,ii - oitiou G E-1. summed np.the evidence, and having made a i - exV observations, the Jury found the .13,,;ferklunt—Guilty, . . . OLD BAILEY. L,',Y=TUESDAY, DEC. 7. Thomas Halides; was indided . for feloniOusly steal ing, on the 16th of 06tober, rix quarrs•of beef, the properly of. Thomas Starkie and John Jennings, Brewers: _ This Case, frain'What transpired at the 'trial, ap peared to be in some measure 'connected with the affair Of the robbery. Which .took . . place on the 6th of OEtober • last, At - the - premises of Messrs. Starkie and Jennings, of which two persons of the names of JoLuson and Shires were convided. The Prisoner wa.; the private watchman of the Concern, and. from the evidence of Mr. - •W. Jennings, on the , trial aliove-mentioned, as well as from other circum stances which transpired, there was strong reason to susped that the Prisoner.w3s confederated with the robbers, and aiding and assisting them in the perpe tration -f their•-134Yelec. In the present 6stance it appeared that the Prisoners Colletted three of the watchmen in the places. adjacent, and persuaded them .to drink a quantity of beer, supposed to be thatset•forth in the Indldment, between half after one and .two o'clock in the•morning of the 6th of oAober, which was the very time the-robbery was committing in the dwelling house of •Mr: Jennings, which formed a part of the general premises of. the Concern. He-pressed one or two of them - to drink more, but they declined, and just at the time they Kthought proper .to have dune, 'the alarm respefting the robbery was. given, and 'on .coming up to the spot, - they found young Mr. ;Jennings and some Watchmen engaged in securing the robbers. The Officer" who apprehended . The Prisoner stated, that the Prisbner,• on the Warrant being read' to him, acknowledged that he had given some beer away.• Mr. COMMON SERJEAKT •lamented that under the particular circumstances . of the Case, the charge could not be brought home to the Prisoner by the evidence. There wits no beer proved to have been lost, though the case every way had a bad colour. The Watchmen were very .rePrehensible for quitting their stations at that hour of the night for the purpose of drinking; ,there was little doubt Of the Priioner's being concerned with thOse who broke open Mr. Jennings's house, but under the present indilment he_could not be convicted. Verdict of Not Guilty was of course pronounced. Mr. W. Jennings, above mentioned, who signa lized himself so highly on the affair of the robbery, observed, there was little doubtof the Prisoner's having opened the yard gates through which the robbers entered for the purpose of breaking into the dwelling-house:—And Mr. KNOWYE'S observed, that the Prisoner, though a private. watchman of the premises at the time, refused to assist and arm himself in order to act against the robbers. Mr. COMMON SERJEANT reprobated the conduit of the Prisoner, and told him, teat though neces sarily acquitted in the present instance, he did not go from that Bar perfediy pure. About five o'clock, Colonel Edsva i rd . Marcus Des . pard, Charles Pendrill, and six other persons confined under the same aueprity, and for offences nearly similar, were brought to the Bar, when the detainer lord committal of, the first mentioned Pri. soner was read to him, to the following effeft That he stood committed for having feloniously, maliciously, and advisedly endeavoured to seduce Thomas Windsor, being a person serving in His Majesty's Forces by land, and divers other per sons, also serving in His Majesty's • Forces by land, from their duty and allegiance to His Majesty,, and. tor inciting and stirring up the said Thomas Wind sor, and the said other persons also serving in His Majesty'sAForces by land, to commit an aet of ,Mutiny, contrary to the Statute in such case made and provided, and against the peace of our Lord the King. It was also notified to him,, that he was further detained under a warrant from THOMAS Lord PEL 111.1 RP lED. bf On Monday last,'itliackn&y, WanAin Aldersgate-street, to Miss Elizabeth Citellet, of Ilacklic rAICt 01. RDA Y. Bank Stock , - - - .India Stock Navy 5 per Cent. shut South Sea Stock dif' 5 per Cent. rPcy, too-Excheq. Bills 15. 3 5 ' . Irish 5 per Cent. .' , Fundabfe ditto rent. 4 per Cent. Con. $23- 3 *3d Exchequer Bills dis. - 3 per Cent. Rea. 67*. 6i 7 oindir.d) 40.* dis.. ~ . 3 per Cent. Con. shut . DIM Scrip . Inver. 3 per Cent. ~ ~,/' Ditto Ann. it.1 . ,946 - - '. , I Bank I.. Ann. 19 tr-161 _ Bank fur opening Ditto Short Attn.' India for Acc. :s Ditto Scrip - Cons. tin-Opening 68 %s - . _.----- STOC'K t YEST COURSI OF EXL'ff A2VGE. Amsterdam -it 6 2. us. Ditto, at sight I I 41- Rcittetdatn - - 2 us. Haniburgh - 34 '2 2 Altona - - 34 1 2 us- Paris t day'sda. 24 8 Paris z usance z 4 Et. Livres Bourdeaux, do. 24 13 Cadiz Ditto in paper I 35 eiie6►ve LONDON : Printed by BUCHANAN IVPMI 1.1. AN, tot Bow-Strect. Covent-G.irucn;; and l'utdishen by W t Li. tnm AR NI, R SCR Irri t (ot South Molton-street, Grosvenor-square); At . the Stni-OFFIcE, No. it 2 i Stram ; where Aavettisements, Grders for the Paper, Letters for the Editor, &c. (post-padj, must be addressed. TUESDAY, DEC. ,_ _ 01 , n ~iya : ;er Ditto - 351 eti.c,cita, Legiio4l - - - - 5 • t 4 1' Nap tes - - :. . 0 Ge!toa - - - s - - ii Venice - - Liihon f t Oporto Dublin - Eilboa - PUBLIC OFFICE, BOW-STREET. „ pi , November 27, IN/7 TO HORSE.DALERS STABLE-KCEPEItSy oTHERs . . • - BROKE open last night, the Stables Horsley,.of Harleyford, near Shepperton, add and stolen thereout Two COACH-HORSES, viz. A. BLACK COACH-HORSE, about fifteen hatio s b ite; one inch high, Aged, Ewe-necked, Off:Foot behind- 7 : 3 oss I. sodie Saddle Marks, and a Small Star in the Face low in Condition.---TheotheraNut the same Hci,:ht, Black ail over,except some Saddle , Marks and in ve ' Condition. 1 4 All • Also taken at the same time, a SET of COAC O- 1 NESS, with' Plated Furniture, on which is engravVilaiit: Letters A. H. a Blue Box-coat, a Livery Colt and f.,,0- 0 coat, Light Drab with Orange Collar, a new Silver- Round Flat, and a pair of New Boots. co" Description of the Man supposed to have stolen-- tbraeiiict Horses : He is about Five Feet Six Inches High, , ,,,, r lZ°: stout made, little marked. with the Small Pox, rat"l-ect,': man Nose, his Upper Lip rathec falls close to t " oO Pr' speaks rather gruff; rather Fresh Coloured, w' Hair, Lame in his right Hand, had On when he left Bartvoty Saturday' se'nnight,, a .flannei under-Waistcoat, Oa ts. iy coloured close body Co4t, Silver - laced Hat and 13°° between, Forty and Forty-five. years of Age, . ogl% Whoever will give such Information at the aisov e sll5 t; Sir Richard Ford, Cnief Magistrate of the oc be the means of the said Horses ; &c. being recoveroto, the Ofinder or - Offenders convicted, shall receive a Ic of TW ENTY POUNDS trout the 0 waa. toN ' GRAND jUNCTION NEW SUBSCRIPT . '" SHARES, • TO BE. SOLD BY PRIVATE CONTRACT, . By Mi. SCOTT. • V FI VS' NO 114 IN ATI 0 N S of TWENT - - -ucf cl P() UN DS each, entitling the Nominee to subsceri sco Shares, Half Shares, and Quarters of shares, in 9:01NIY: Sub:;cription tor completing . and improving the !UNCTION` -'1,001- CANAL. The Subscription being OY„ - i.D i . inents or' 61. each, otters a Plan highly (AWL' abi, `",,c 01 ,-. scribers , becoming Proprietoes of this eXtellSiVelY 5 )'' Undertaking, on' easy 'Tennis, with the fairest proPr roving extremely advantageous. 1 -011 5; - .Early attention is nec.,ssary, as the Subscription ade on or before thel6th inst. Apply to Mr. Scott, Ludgate-hilf. . of v „., it Fr . • • ' * s of .14M4, - one rtts majesty!s Rrin . tipal 3ectetarie- State; upon a charge _of..High Treason. Pendrill andthe9thers were also inftArnexl that ale): were detained under Warrants from TriomAs L ed PELH.A.K. r 1 • ' . Mr. .stated,, that he had tctingv e, 'the part Of the CrbcVn,' thA . the . VrisOnri qVi c": Until the'next Session;. 7 as there' has 'ilot beeir tithe sufficient: torprepare tbr ,Mr, poisamoNSEßlAti.T obsCrseil 111 . e ` 7- "; . sbners, that they knew'there were d,etamers thjim of the nature and for the Offen' tes 'ihey heivrdletd, and he - had,i-einanded., thebi until tht% next Session. • They-.all app aced I pe.rfeAly unconcerned. nnd of them, we believe, Despard, said " 1:111.;1 1 1.64; Session ?" very well, Lord.!' Despard seems a man about fifty,irtpreftB heal; rather corpulent lv antl.with,a florid' complexion 11 ' 1 ; general appearance was lather meal], He had ' old blue surtout buttoned 'about rind T a round hat. _ After someitnimpbrtant trials had been dispos e ` of, The - RECORDER proceeded to pAsS Death upon:slieW prisoners as had.b4erk coifvided, in t4,-c i pursc,of Tthe.Sevion-L-,-Edi,vard Se l son and Thomas White, for . highway rof3be.ries; 1 0.1 4 111 Vickers and John - Mahoney; for steAini . nta 7 d‘‘' e " ; MATfr Radstiakv;: for privatetystea,“ g, Martha Sinith r for uttering countecleit gold cojt';' John Carall, for sheep. stealing ; anCi FranooFirj c P for fingefy. • , On Friday night, a .plasl-chaise, which wa s re ; taming. Itorrk-Petersfie)444 Put tsmoglh, wa, ne t ar,Catheringtoti Down,. by, two men, who robh e ' s the Uriver two . shillings.The' 's'iirr.e. stopped another Chaise, 'near the sarne'spot, shJfi l f t , afrerwrd, bur there beir;f:r, no person inside, th e o l suffcred it to proceed, after wantonly firing a -tie„ at she Driver, which fostunatelir did not take - _ SI-111" NLlf . POOLE, DES. 3. Arrived—the Rambler, Tozer, from T.)arthwuth Chill Revenue Gutter, town a'Cruize. Sailed—the Dart, King, and Active, Williams, for re. l . t , ; mouth ;'Hope, Matielaws, for Weymouth; and Catb ann Quick, for Cowes. . "k • GRAVESEND, DEC,. 6. , . • • ~,ner, ' • Passed by---the' Stork, Brown, from New Prow • s , - shelburn,.Haplcy, from Palermo; jonge t (Wm-,,and Ce r " Houlston, from Rotterdam. Sailed ~tt►e C "• Comet, Taite, for Trinidad ; Thames, c e i s , for Africa; Campbell, Chiswick, Caerwart, ikOtinibn, and Rashleigh, Downitig,.for i 4113 for Kinoton, Stevens, for Ncw-York ; Annabella, o f Cadiz ; Pluzbe, Dublin; Awn, Oliver, Du i '' - 0 0 Clarence, Carr, Latbna, Hall, and the - Venus, Nichol' for Harnbro'. • DIED. • On Friday last,. at his houe,in Bath, after many yea rs lre" ness, Sir Thomas Fletewood, Bart. of 11 , 1:. rtyn . l.e riying neitheytt male iastae; WA..title is tiow* el i On Monday night, Mrs, Barber, wite of, Mr. ber, of Finsbury. , i rf Early on Tuesday morning, ,after. a short illness, 79th year of her age, Mrs. Hoar; Mkt of S:irmiel ri ° Esq. of Paradise-row, Stoke-Newington s q. Yesterday,. Miss Watt, daughter of A lexartd,.: Watt , of Loudon street, Fitzroy-square.