The Sun. — London, England, 1801-07-15 00:00:00

NwMPill I not rea be LAW REPORT. COURT OF KING's BENCH, Tuzsriet . Y, %jut' , :4. SITTINGS BEFORE LORD KENYON AND A 6PECIAL JURY, IN' GUILDHALL, LoNpos. HAYCRAFT V. CREASY. . tv ,r "Is was an Atlion to recover a sum of money "Ich the Plaintiff hadlost,or was nqw likely to lose, kY,_ the credit he gave to one Elizabeth Frances c' urtson, in consequence and upon the faith of the }he which the Defendant gave to that person e sum demanded, being the amount of that credit, Wa s 4851. 4.5. Bs. • Mr. ERSKINE opened the case on the part of the 2intiff, and said, it arose out of the adventures of , a remale Swindler, who had lately resided at Black. neath, and whose history had been made known to the Publi c th roug h t h e medium of the New s p a p ers . The Plaintiff was 'an IrOnmonges at Deptford.-- The Defendant was a man living at Greenwich, and • carrying on a considerable' trade as a Currier there. Of the nature of this Adion the Jury.were informed by the op en ing *f the Pleadings form of aftion Which was, now, become so common and familiar, not only •to Professional _Men, but also . to..Mer_.. chants,. and ,it was an action, the principle of Which he should be sorry to see shaken in I . any •resped . whatever ; i t had b een well established in" West- • tminster Hail, now for many years ) . and the cause .oy it which was so, was• that of .Pasley and Free and the Public, in general, the Commercial vart of In ha y in particular, were deeply interested courting that principle preserved entire in a of.lustice.--,The principle was this —H a Person was applied .to for the Charaaer of. an_ baler, to whom a t hird person was about to give the persOn applied to was . not bound - to give Loy Charact er at all, for one person was pot bound hoehe a Charafter of another; but if he did so, he , take care t o t e ll th e t r u th. I n a wor d, as ti" "aci form e & Y described it, and as the deserip- man h • been adopted by Lord K EN rog, " That a )101-41-1.4 d such a case, must either tell , the truth or ills tong ue ." N o very v i o l ent restra i nt on a flo r a' Person. If he, went beyond this, he was a.,.._4.werable for any lass which the charafter hegave, r i ght occasion. The Plaintiff was' an' - Ironmonger, f lyin g) as he had stated, at Deptford. The De_ ~..,entlant a Currier, living and carrying- on trade at `lreetiwich. In- the Months of April and May, ~n 8 , .( )C 1, the Plaintiff had occasion. to go to Bath .; he• hi.`," his son, a discreet young . man, in the care of is business, at his shop. An application wa's madei Q , this young man, to furnish, in the Way of trade ) l•leveral articles for a house at Blackheath; then be_ onging to this person of the name of Robertson..ln c onsequence of this, a message was sent to the house I)lthe Defendant, informing him that a Miss Robert_ s on had been recommended Mr. Haycrafr, for articles in his trade, "to • complete arm unfinished house that was fitting up for her at Blackheath, 1 • 11 a style of elegance suitable to one of her.. con di.ion, which was that of a woman of fashion, and wishing to know what the Charader was of Miss Robertson. --The Defendant atiswerod, it That he.might, 'with petfea safety, trust aim she had already received a considerable - sum, and was in expeation of a large sum at the death of her Mother, aid still -greater at the death of her Grandfather —that another Lady with Whom - :she lived (Miss Sharp) had tool. a year, independent, , anal that he vould'come with them to the shop of the - Plaintiff, and loOk out what they That 'another Conversation was had bet Ween the Defendant and the Plailitiff's San, who aaed with an abUndant *caution, and exemplary prudence.,-.He wrote to his F at h er , w h o, w a s t h en at Bath, desk:. ing to be dirthed 'how he was to aft, finding that. the ciedit which was asked was to be considerable. The Father desired the' Son ,to consult the Uncle, who was the Plaintiff's Brother, Who was a Man in Trade also, and who lived at Reitherhithe, who had also an interview with the Defendant, and before that Gentlema n he gave also the most explicit undertzk_ ing that Miss Robertson might safely be trusted.-- Meetin g took place between. this young Man, who was the SOn of the Plaintiff, and -Mi. Hay= ;raft, w h o was the Plaintiff's Brother, and the De_ Pendant, when the D e f endant s a id of Miss Robert_ son, that she was a Lady f Fortune, - and at much . greater Exoed u • n o grL and he added, "1 as. sure you, if von ' ` -) bertson is 'a Yon rely upon my Credit, Miss Ro you may with pe r f e ft saf _ t miry trust to any amount, possession c -- That she was already in of a large Fortune; and would be - soon a much larger that he did not speak this knowledge 5 that this Lady was felated to M. Dundas, the late Secretary of-S,:ate, and 'that.her. • tet us ,‘ was married to Lord Paget." Mr. Creav w:ls Youo lced s this question of the Plaintiff's brother : speak this from your own knowledge " said H Yeraft, than which nothing.could put 4 man can ans wer upon his guard to which he answere&—" I n. . , you of my own knowledge may attve credit to any amount with safetyperfea." t - `1 )1311 the stren,Fth of this Charater, this IVliss Ro t ertson had this credit of the Plaintiff's son, which . Credit was entirely thrown away, as Miss Robert Son turned out to be a perfea Swindler.--!i—Nor was thi s all ; another meeting took place between the Plain:. tiff and the Def en d ant , f or t h e sum which Miss Robertson wanted credit for was near 5001. The Defendant, on that occasion., said that Miss-Robert :on was .not only the relation of Mr. Dundas, - and that her sister had married Lord Paget, but also.that she was conneded with the family-of General Wash. itigton ; and also that Lord KENYON had decided that s h e was entitled to a large estate at Fascally, in &ctriand. That the Defendant went in a carriage and four with ihii Lady, Miss Robertson, to Mar gate; That as they, were going up.Sbooter's-hill, she called to the Postilion, and ordered him - ; in the hearing of the Defendant, who was then in'the car ziage, not to say who he was.—This he mentioned - to show that the Defendant knew what he - was • 31 . 31 1 t. That after, thi s t h e D e f endant an d his family went with 'miss:Robertson to Brighthelmstone,• Sec.. That the Defendant was in the habit of furnishing Eri s woman with money on Bills .of Exchange, &c. at finding that the Creditors were coming about he todk a Warrant of Attorney to. confess fdllalnent, which was for all scan Of,money advan. hi llr Et; fcc,, and Q 4 WigQll.judgannt was entered tip accordingly ; and the Defendant , took what care he cotild.of hirhself; but Mr. Oak ley, an Upholder, who was also a, CreBitor of this woman, was before-hand with the Defendant ; he took a great deal Of the property which he had far, nished; the remainder left by, Mr. Oakley was taken - by the Defendant. Such was the outline of this Case, and when proved, he should be entitled td the Verdid of the Jury, on the principle which had long been established, " That it . a. man gives to another a Chardler of a third persbn,,which 'he does not know to be true, he shall be answerable-for the consequence 'which- may result from the•credit which was given on the strength of. that CharaCier." Thomai Het-raft, the son of the Plaintiff, swore, that Father caries - on trade•at Deptford, in the business of an iron-monger. -In the latter end of April, or the beginning of May, 'Soo, he, receiv ed, in his• Father's absence, a message from the De, fendant. The Witness had the superintendance of his Father's business, in his Abs6iOe. He went to the Defendant's Counting-house in consequence of this message. The • Defendant then said, that he had recommended-a friend of his, a MisS Ro'oert son, to his father's shop, , for such articles as she might want in his line of business, to'compleat . the tarnishing of an Unfinished house, which she hid 'taken on the Paragon, at Blackheath. The De fendant was, at' that time, a perfeCt stranger to the Witness, and to his ' , Father... The question was asked of the Defendant, What was the responsi bility of this Lady T." His answer was, " That •the Father' Of the'Witness;` -ivho was the Plaintiff, might credit her siritiv parreft .. safety, :for-that he knew, to his 'own kno - wledge;,that she had been lift a :considerable fortune. lately by .her' Motet-, and that .she.had daily expeftation of a 'glitch greater , at the, death of her Grandfither, who had been - bed- . ridden for a considerable time. He lileewise said, that Miss Sharpe, Miss Robertson's -companion,. was possessed of an independence of shoat 001. per annum, and that the principal part of it was left by Miss Robertson's Mother; and that. Miss Robert,- son had lately Come into possession of what was left her by her Mother." •- At the first Meeting which the Witness ;had with the Defendant, he did ',not mention :to whom she was related.- , -The.Lady and, her Companion came in the afternoon, and looked out ,some things which she wantecL—The Witness dealt with: Miis - Ro.: bertson entirely,.in COnSe.quen'ee of the Recomnieß-, dation of the Defendant.—ln consequece of . This- Information of the. Detentian*, the Witness thought he might safely trust Miss Rnbeitson.—After this . the Witness me.t the Defendarkagain, and informed him th a t: he had been to the House of •Miss . l-0 bertSon (which-was a large and very elegant,House) —and that his Fathee,s (the Plaintiff) Bill for fur., nishinc , it would be Very considerable, and there fore he asked Mr. Creasy, the Defendant, if he was certain as to the Representation he :Dade T He answered, Yes .; " he said that Miss Robertson was related to Mr. Dundas and my Lard This he did- not relate as a rumour, but a fad.— He spoke of it as a something that lie knew of his own knowledge, and nor ref.:J6llg td rumour at all. He never expressed any doubt at all of. her Solven cy-,--=—lne itness'thought the Order was very large, and he did not like to give'Credit. for it • without his Father's Dirediens—he therefore wrote to his Father, who was at Bath at this time, and 'received an , answer, in consequence of whidi he consulted his Uncle on the propriety of engaging - in this business.HiS Uncle and :irnself saw the Defendant 4terwards before he executed the Order;' at. the Plaintiff's, house, and this was as late as the mooch Of June, 'so that there was an interval foi the Defendant to -consider this objed before he • gave his opinion again. The Uncle of the Witness put to-the Defendant the-same Question as the Wit, ness had put to him respeCting the Charafter of Miss Robertson—when he repeated what he had said be, fote to the Witness, " that she might with safety be trusted—that she was related to" Mr. Pandas and Lord Pager, &c. &e.--;-that she would soon come to a great land e d Property, ece. by the Death of her Grandfather, and woulef have at least 40001. year"--that Mr-Creasy busied himself very much in giving Directions about the work of the house, which wa s fitting up in Blatkheath for this woman, &c. &c. . y9seph Ilgycrap i . the Brother of the Plainthi; swore, . That he lives at. Rotherhithe—that while Ili; Brother was at Bath for the 'Benefit of his Health, in - the Month of May, t Soo, he, in consequence of Diredions from his Brother, and the desire" of his Nephew, 'applied to the De. fendant for the Charaaer of Miss Robettson the conversation took plaee Ott the.shop of the Plain tiff', He told the Defendant he. had been • informed by hit - nephew that he had introduced a-,..Miss Ro bertson to be supplied with articles for fitting out a house at ; Blackheath; that the young man whO was .the Plaintiff's son had written to his father, and the father had written to the Witness requesting him to inquire into the responsibility of Miss.. Robertson.. The. Witness went further, and told. the Thfen±trit .that his brother, the Plaintiff; did . not mean to trust her, not having any knowledge, of her, except on his recommendation ; on which' the Defendant in formed the Witness that Miss •RobertsOn was a Lady 'of great , fortune, ,and greater expectation-;" he said, " she is-sister to . Laiy. Paget," and he mentioned several other great personages who the Witness did - riot know; and after an eulogium on her Charader, and the rank of her family, the Wit-' tress said, I put a question to Mr. Creasy--".I told him the situation that I stood in, and I supposed he did not state to me what he had, on rumour or hearsay, but ; -On a knowledge of facts ?" The an swer was " Friend Hayetaft, I know that your . brother may. 'trust Miss Robertson to any amount with perfeet safety." I consider'ect this,as.perfealy satisfadory. He said, " I knoW-yOur.brothel• may trust ..MiSs Robertson to any amount with perfed safety." I thought we could not, have 'a better assurance. . There werer-othqr Witnesses examined . , but . this . was the substance of the Casey for there was no dis,. putt about. the delivery or t of the goods. The ATTORNEY-GENERAL addiessed the Jury for the Defendant, and .nAt!e the'best posSibld use of the_materials he lad.---The'outline of the defence was„ that the Defendant saici, Of this artful and wicke4 woman, %vitt) bad swinaled ev'ery . body who Cr*e give tier credit, no ttati .what he hit self believed to -be true, for'lle had himself been.her dupe, and had lost a large Sum of Money by his Credulity, as well as all the neighbourhood of Blackheath. Here the Learned Gentleman gave an historical• detail. of the various circumstances by which' the 'eh:trader of Miss Robertson has been dis tinguished, and indulged, his abundant wit in his comments upon the silliness of those who had be come her dupes; 'among whom he was 'sorry to rank his client as - a 'conspicuous figure..l—But 116 „con tended ;That, as he atled according to the beit of his judgment, however silly hii concluskm was, he ought not to-be responsible in this Adion. The evidence he called gave an accoun(of that which the Public' know pretty well already, namely, the Swindling pra&ices of Miss Robertson, at Black heath, ire. the recital of which, hoWever, excited-, in some instances, a great deal' of mirth, although to- the losers it was a .very serions , Mrs . Neale said she had known Miss Sharpe 17 or i 8 years. She kept a Boarding-School at Crootnes hill. She had boarded with her nine years before Miss Robertson Came to live with her as a Teacher. Miss Robertson appeared to he a very amiable,se nsibie woman, and. was very attentive to the duties of reli gion. She had beard r sveak of her father and Mo ther, and of the fortune she - expefted, Her mother, as she said died in 041e111.4. She seemed to be -very 'Much a ire Cited: S filled in to the room when the news catfie. Srte-Seenied to bc ing away, and 'some water ' was brouifht. her.' She expeded the fortune, she would get by her mother wouldiamount to t 0,0001.. She was tube brought to Town to be buried, and • the copse was to . test at Dr. Lettsom's in its way. She wished to go to Dr. Lettsom's, but she was persuaded by Miss Sharpe and the Apothecary nor to do it. Up on the pretended-death of het mother, a good many mourning rings., , ,vec . e circulated. . The Witness-got one, and Mrs. CreaV had another. 'Mr. Creasy bad a daughter - at -Miss Sharpe's school - , and-Mr. and. 'Mrs.--Creasy , used to go. now and then to see her.— The Witness said shr had lent Miss Robertson so°l. Stock, which was lost. • She told her that he i r mo ther, previous to her 40th," had desired her to get at the Silversmith's, plate of-any sort she pleased,• to the amount of root. and she would pay for it. A card was handed about in Court : With these wards, -" Miss Robertson, or Fascally, and 'Black heath." •-• Michael- Searles said, he was a Surveyor at Greenwich, and via's applied to by Miss Robertson to go down to Fascally iu Scotland, to survey her Estate. She said several: of the leases were out, and he was to put a value on the timber, and .give his opiuinn of the rents. He saw.a' drawing of this estate at IVIr.-Creasy's house. Lord Ktrrtort here observed, that this evidence had not a very close bearing on the cause, trid that, in his . opinion, one or two sentences Con3prized' the whole case. .• • Th.z Witneis proceeded.—Miss Robertson sheaved him, he said, the model of ,a dead child in wax, which she said she had received from Lord Paget, which was the likeneis of her sister's child, Lady Paget, ?nd which she Was ,weeping over in - tears. He befic:ved she was a wort n) of fortunes and if she had gone to Scotland, he would certainly have ac companied her, bui he Avoula most certainly have made her pay s the piper. 111 r. _Times Dobic, a respe4able Attorney,' said that in July 'Soo, Miss Robertson had, applied to him for what, in the Law of Scotland is called a Pac tky, which was of the same nature with our Power of Attorney, to enter upon, and. take possession of the Estate,, and to receive the rents, Zee. • She said the name of the Estate was Fiscally. When he wished her to be more particular; she had some difficulty in describing it. ..;he said, it was in Perthshire, and after Wards she informed him it was ten miles above the Town of Perch, on the River Tank'. There was a bond prepared, which the Steward was to execute to her in ra,oool. David Robertson was the name of the Steward. She described the estate as of very considerable va lue. It was not an extensive estate, she said, but it was very produnive, particularly on account of a fishery that belonged to it. She reckoned the va lue of it to be i zoo', a year. She Fame to it in consequence Of the dcath of her uncle. 3t Perry,: said he lived with Miss Robertson as her footman. He was nosO'iv soldier in the 23d, Wheh Creasy was present, Miss Robertson repre sented very often that Lady Paget was her sister, and that her fortune was very large in Scotland. —She had three Coronets on her carriage. .She brought a wax doll from London in the carriage. She said it was a likeness of Lady 'Pager's child, taken when it was alive. He and the lest of the servants had mourning for . her grandfather. He never _knew she had been a Teacher at a Eoarding... School, or perhaps he might have encertained..some suspicions,. The Rev, Mr. Coat said he was a Dissenting Minister at Grecnwich ; and knew Miss Robertson. • when she was, a Teacher at iViiss Sharpe's 13oarding- Schooli - and afttiwarch, when she appeared to be a woman of fortune, He did not recollealler say. ing any thing abatis building a. Chapel. He could not help suspeaing something, though he had no grounds. There was something very . myste-. rious in her friends dying in succession in the extraordinary manner they did, and her putting her servants so often in mourning. He e,dmitted it ex_ acted in his mind some'kind of suspicioo—he had no reason rov•it. If he had had reason for it, he Should' not, have kejt company, with her. On cross-exa-: inimition•by Mr. ERSICIZ:E, whether if sho had asked him to lend her 'wool: he would have been senter, Mr, Good readily answered,in the affirma . • Or. Leith said he was - a Physician at Greenwi c h. 'He knew Miss Sharpe, and iVii, s Robertson rst as a Teacher in her Boarding-school. Slr knight be in that Capa'city, three or four . years, though-he could not say exactly. Miss Sharpe was .a woman of re speaability. He himself never was in Miss Ro bertson's carriage, and his family had code in ii once; and• only - once. _ _ Lord KENYON here observed, that in his ap ,re hension a great deal of the evidence went beside the question. Mr. Oakley said be had 'sold Miss Robertson furtii.: rag eight or nine montW ago, He then believed . h&j. 'to be - 3 iThiffiti began to suspea her befo - m Ihe whole 'of his brad . Was executed; and forCtinately had got back his goods again. .If :the whole of hI order had bee 4 ekeeUtedy it would have aniodrited!to betWeeii aiid 4.000 l: From the manner in which she Was going on, he took it for granted that she Was a we rliarl that had so much ihbliey' that she did nai what to . do With it, or that she had none at all; _ . yob:: Catoi; Esq. said, he beCame the landlord of Miss Robertson he had been a moriagee i she told him she Wanted 8561: tb pay the workmen; and that she did not mean to have a lease,but to purchase the house. He lent it her : but he said'he believed he should not have lent her 800 farthings without* security. Mr. Irehter said he kept an Academy On lack heath, and about the 1 - n41,31e-of August.last he had the honour of dining at Mr. Creasy's; to partake of some Venison: Mr. Searles; the surveyor, was arso "present. Previous to going , to'ditmer e Miss Sharpe" produced a drawing; arid observett to him it was a drawing orilie 'Estate of Miss Rolicrtsima in Scot.: land. He made some ObServations.. on it, which brought forvard Miss RobeitsOn, who pointed out all the - beauties ::nd advantages of it. Mr. ERSKINE asked him if he stivalloWed all that story as he had done - the venison. •He replied he. Certainly did believe it : he never refleCted. Mr. EasKiNt Made. an able reply. Lord KE N.:9's adhered. entirely to the opinion he had uniformly maintained on this sort of Adion., He wa%.elee that the Plaintiff's C:eic: was per:ft:6lly inade . out in this instance.. f e approired of the eon.: du& of the . young man w'n3 had given his evidenCe . iti this causi, the PlaindS's He had aced with uncominon prudence and prnp-iety. His Lord. ship read tlee words which -•tbt young man had sworn to, as having. been delivered by the Defend ant with regard to this . impostor! Miss Robertson. - " saying that she was. a person of large fortune, and of, great exPedation from . her Mother, and stilt greater from the death of her, Grand - Either, Sec." The words used by the Plait - ail:Ps brother were so • emphatic that they were absolutely decili've of the . Cause. • " I told him the situation which I stood in,. that I supposed he did not state to' me what he had on rumour or hear-say, but on his own know.. ledge of the fads." The answer was, " My friend Haycraft, I- know that your 'brother may trust Misa Robertson to any amount with perfed safety." Now, whatever he thought, he had no right.tu say this, if . .it was not true.; for if he thought so, he might have • said,. «I think," or " I believe, you may trust , her with perfeCt safety:"--A loss had here arisen by this. unfounded charader, that is, a charader that was•not• true, the consequence was; that the per: son who was the cause of it was hound to repair that loss ; the Plaintiff ,had, in foro (tip/m;(1111,e and made out his case—Verdid for the Plaintiff; dainages 4851. Bs. 4d. WEVIVOUTII, JULY z 3. YESTERDAY evening HIS- MAJESTY, accompa. nied by PRINCE ADOLPHUS,. Earls of UXBRIDGE and ROSLYN, Lords SUDLEY, BoairrdnON, and AMEL /LYS BEAVC LE RX, the Hon. CHAR LESPAGET Sir H. NEALE,Colonels CARTWRIGHT, FITZROY, SNEYD, -anti LONG, and Major Dssuaow, walked on the Esplanade, and after seeing the Piquet Guard mount, the KING, QUEEN, and Pititw tssEs, visit ed Stacey's Rooms. This day the KING, PRINCE ADOLPHUS, and PRINCESS AMELIA, bathed: afterwards His MA JESTY rode on horseback on the Dorchuter Road. After 'breakfast the KING took an airing on, the Beach Hills, leading to Bincornbe. HER MAJESTY and the PRINCESSES spent the morning at the Lodge, and were visited by Lady SUDLEY. The Secret Expedition which lase week sailed, from Portsmouth, consisting of a body of Infantry, and a detachment of Artilltn.y ) intended (as it is corqedured) for the support of some of the Porfu.. guese Settlements, is commanded by. Col. CLIN.. TON, son-in-law to Lord StiEFFiELD. This Of.. ficer accompanied Marshal Su woitOw during his celebrated march from Italy into Switzerland, and served. with him during the, campaign of that year. The marriage of Lady CRAVEN with the MAR.. GRAVE of AMeACH, was of the nature of what is called in Germany, a- ieft 7 handed marriage, in which tile rank of the ife is inferior to that of the ; husband. It was -tifcrefore, necessary, that she should be elevated.to a certain degree in the man Nobility, in order to give her any claim' to her husband's property in the Einpre. The arrears due . to the Margrave, arpreseht, are. said to amount' to about Thirty Timosand Pounds, in consequence of the Bargain made with Prussia, for the relinquish ment of his Territorial Domains. Mrs. BILLINGTON yesterday concluded an en_ gagement with ,the Propri-tor of Covent-Garden Theatre for the 'ensuing season. Mrs. BILLING_ TON IS to have 3000 g-uineas for her theatrical per formanees, and is also to have so guineas a ,night for singing in the Oratorios., Qvici, who is in good health, and capable of performing w'th as much spirit as ever, is engaged to play a few nights at 11;chrnond,. where be has often .rendered the Theatre attrac:tive. Consider ing .the abundance of Pupoms, and the scarcity of real Coredians, it is much to he regretted, that this excellent Perfornier does - not resume his station on '. the London Boards. - • A Boxing match took place on Myr::lay for ~ ,venty guineas, at Wimbledon-Con:mon, between two noted Pugilists, Tom Jones, .and . Pi; t.. n , a Jew; 'The Combatants met -at -two o'clock, attended by their Seconds, Belcher and Mendoza. 'l he conflid continued doubtfill for .some time,fwlicn JoncS: ecived a violent blow under the ear, which deprived him of sense..or, incition'ftir some minutes, and the Jew 'was proclaimed victor. After .the above match, _Belcher and the noted BoUrke, a .butcher at .WoolWich, entered thelists, in consecuence . of 'some. miscondud of the latter. Some blows were exchanged,. when Bourke recei d an unfortunate blow which.took off his nose and :;rt of the upper lip, and Was carried. senseless from the ring. Seconcisfor this last match were Clrigns and Boyden, 0