The Sun. — London, England, 1801-12-09 00:00:00

Bell; , 3, from e pro- !offinOff ruin e ; C, frorD (Cr. tended ~ %1 Mr. :de, of an d 3f . ', vie' , mpletc e cow re- supf it befor :ond i 4• pUn ay ardev 9 Bread, weighs )menco r f. 3 t 5 i IL' I rot dr".:. ens Of c !Li evo to pre- , rice Li the afo °pc:4 I,4 t orAw LIRO,It :e WaS. e the/ iC sulrfr tor 4 cestir4 .4 yip!. B 4 0 REPOItT. COURT of KtNG's BENCH, DFC, S. T I CGS BEFORE MR. JUSTICE LE EL,INC IN iVESTMINSIER-HALL. T ONDs-agamst ST It'Utt. TI.I - the was an aaion for' damages for. slander; t ,the Defendant spoke certain words, stated in e lJeclaration, importing that the Plaintiff was N e rson of fair fame and modest charaae'r, but the h orning intending to injure her, &c. said of and stanc e her, certain things, stating them ; the it of which was,. that she was totally desti e of chastity, and that the Defendant himself ; 1 / 4 1 taken the most indelicate liberties with her, c That the Plaintiff was about to b e married LtYoung marrof the - name of Francis K ell y , but L t in consequence of the slander of. the Defendant lost that marriage; &c. . e l lle Defendant-pleaded not ,guilty,and also a ttacation ; that is, that the words he spoke were e_ .1- ----tipon which issue was joined. . s' kM I. . GARROW said, that he was of Counsel in L t _t case for the Plaintiff Barb ara J ones, who had 7 1 under the necessity of bringing this adion {east the Defendant to recover such dama g es as Jury should think she was - entitled -to, under a., ~'-‘l l ristances which were painful fo him to relate. { he y had arrived now near the conclusion of Sit "'g which had been long and laborious to the. Y, in which they had, in his opinion, and he confident he was speaking the sentiment of the Tole Profession, who had attended, given such ias as satisfied the justice of the various cases a , ' ' 1 . 41 ' . - 1 1 came before them. In doing this, the J ur y a: t discharged their duty well ; he was , p ersuaded Y would do so in this case. he had to re p re. a' to them the interest of a young - woman, who '‘to be ruined -for the remainder' of her life , or N s o , P 4 reteaed by their. verclia. He would not , A lite his lips by using the very language which ai i s stated on the Record, and stated only be r,„ Ct u 'e the condu of . the Defendant .had made i t 'etssary it should be there stated. The Plaintiff e l l . a young woman who had no means of sustaining e rLelf, but by her reputation, and if she did not 'eeed in this a&ion, . she must be turned out, and i ? .%tne a wanderer 'and vagabond for the re s t of her, ;tefor into no house of decency could she ever after 1 7allowed to enter, for if what the Defendant had S IE4 of her was true, she.not only was destitute, of ' 4 stity, bur absolutely. one of the -most profligate ~,,rilen upon earth. Such was the substance of ,rit the Defendant had.said of her. This he had te it td to justify on the Record. Ile said it Was at ''.e. If he proved what he said, there would be' Nl of the case; for if he proved it, he wou l d be, Titled to the verclia of the Jury. If he did not prove ' the Learned Counsel said, helnew the Jury too S'll, to doubt. they would resent his conded. He m embered hotelthe case of the Captain of the Eas t in was determined by them. That Defendant had. f, r eci i to justify what he did (when he-beat uninerci_ i , i,, Y 1 fellow-creature who was in'his power),by aase , 'o l ,there was a, mut iny on board the ship, that the, r 'lltltiff was a&ive in promoting it, and therefore oight upon himself what he complained of, but. t i:',.faileel in proyihg what he had ,alledged, and eT t tefore theJuty, under the diredion of the l e oltD . t h l EF JIATICEi gave that 'Plaintiff 3001.' more than he can receive from the unfortunate state of e k i ?leading, and'this the Jury gave because , the.? t that the Case was aggravated by the attempt e'tCh had been-made to justify it. That. was a i a 'e only of Assault-and False Imprisonment, and that was aggravated by the attempt-to j ustif y it, it, "t was to be said of the case of a man who had 1 41° ,stbasely slandered the charaEter of a woman, 4 - '', attempted to deprive her of its value by taking 'ay the reputation.ofher chastity ? s . i-he Plaintiff in this Anion was a Mai d Ser. e l t it, and let nobody suppose that she • was there, i f , r e, the less entitled to damages ;, she was more t; tl t)ed to damages, because sh e was a Servant, 1t this Slanderer had said what he h ad of a p erson the higher walks of life; in the neighbourhood liampstead, *here this was f said, .thi .. slander' i t 'uld of course have fallen to t h e. groU6d . without hjng any, injury,„becadse every body AvOuld have to it to be false ; but unfortunately we lived , an age' in which female servants were but too z , ti ch exposed to, and to ofteh alte.viainis of the le t ' -of seddlidn; therefore to say any thing,that has injurious to the chastity of a servant , maid, t 4 ,1 to take front her the means whereby 'she could l , ain an honest livelihboci . While 'single] and to rut the door against all. chance 'of her being mus s Iced 40 any man of credit. This the Defendant had :id of the Plaintiff.' He had accused her, net only kti th e most wanton,. but also of the most , indecent e 3 of lewdness, and that publicly , in the m ost w'd a l aus manner. They should hear-it from the w itnesses. Now he should sta te who the Parties' a er e in this Case. The Plaintiff was the maid kevant of a respeCtable house, near Hampstead,, Sby a Gentleman at tile name-of Corpe--,he 4 , 1, 4 a the daughter of 'a farmer, as he understood, in i' tQrShire and she had lived' in her present place o r / a l ' ) lx .years last past ;stwo of her sisterslived with t er branch of the same family, with the brother I ,,Mr. Corpe, and a more modest or .discreet ser emtlt these Gentlemen and their families never had - , is tae t hey were ready to testify froin the experience 1 4 !ix years ; and yet this Defendant, in all the . a e tt ems ways in which he could attack thin young i Alan's reputation, did so, notcOntent with say t that a t she was not chaste, but he determined to de e In °Y her roof and branch,by saying of her such things s' if true, took away from her all idea -of modesty e emale virtue, which if proved , . would of course it t l at t .i her into the World as an ou tcast from decent piety, for she could not, after proof of it, be per oaa t! le ,ei to stay one hour where she was, nor could t, °e taken in any *here amongst de cent p eo p le ; V; ,• ° this occasion there were Special Damages.-- lat:itude, it. had been observed often , was no in taeLtance, and, therefore, prudent Servants, when a' Y hadgot a little money, thought of settling as d elt i , l as they could, in marriage._ This young ~.v0t ,,,,.`) was courted .by a yotung man of the name of 'la l -cl3 K-elly, a' Servant-of .a family i n the neigh tt}(3od, and esteady, sober young man. He had s, t .5, - ., 1 to marry her, and it was owing to What atisfac.f, On; 9 Irelanq he gal; nteere ° forgc mths iR et frost ma too hel been gist, fencr 'loriOU rf ye rttlr fj a littl e o f the:. rard ( 1 / nip u CO' whic h, oiincrYl :ult and w rore g nuiller' . a tre. , -cc, an d ing e"' re per Garde ison, ; 11 novo- of : 1 .;: 6 nd uni' wi th ed alp 3" en d be} is mu els Gifts' s ' itios 10 of die „ and ', i t See II S C .55t t t° 1 r og the Defendant had said;that he had Mat' 'Married her. [Here Mr. G. , iateiw recitedsoMe of the particu lars which, the Defendant had said of the Plaintiff, but *lnch we shall not re'peat, as the material'eari Will cope in the evidence, and even in that detail, we shall shun every Offensive expression.] The Defendant justified all, this. 'He said it was true. If he proved it, there was an end of the case. If he did not, the Jury would .recollect that, affluent as they might be at this dar,they knew not how soon some of the branches of their families might-be ccne Servants ; such was the vicissitude of human affair's, at all times, more especially the present time ; and, indeed, he knew striking instances of the truth of what, be said upon this. occasion, and so did many of his friends around him, in which some Females, who.' had been; well educated, had been obliged to seek their bread in the service, of a re spcaable family, The Defendant had the good for tune to be decended- by an, Advocate who would do all he could for him, and that was more than any body else;—possibly he would tell the Jury, amongst oilier thing's, that his Client was a beggar. Now, he would take the liberty of saying, that was no answer to this action. He would venture to tell the Jury, that they ought not to liSten to that sug e gestion. He would tell them, that if this man•was a beggar, and could pay no Damages, it would not be just in the Jury .to think of that—they should be just towards the party injured without looking at the consequences. If this man was unable to •pay any. damages himself, he should borrow it of a friend,. if any . such he had, for indeed he did not deserve-to have one : if he had none, let him go • to jail,-and give sttisfitaion, which wicked men do, by the imprisonment of his body; such was the law of this land, and wisely so, otherwise a beggar Might slander' any body with impunity. _ The Jury were. to give the rule of action in these eases, They were to tell the i Public, whether slander was .ro become the Order of the Day among Servants. If they did not proted the virtue of Servant-maids, it would too soon be thought not to be worth pre serving, and indeed it would appear of little value if Juries should, by their verdiets, say it was not to . be proteded. There was one observation which he had.forgotteti to Make : it would appear that this Defendant had Offered money to a fellow-la_ •bourer of his, for lie was a day workman, for say ing he knew the Defendant had taken liberties with the Plaintiff. That sh9uldStill enhance the reckon ing. • It appeared by the evidence of Mr. Benjamin Corpe; that•the. Plaintiff had been upper-maid at his house at North:End for six years ; and by the evidence of his. brother, Mr. Richard Corpe, that her two sisters lived, the one five, arid the other four years, - with him. The Pleintiff's Counsel could only call theseGeotlemen and ask these que stions ; it was left to the discretion of the Defen dant's Counsel to pursue the examination into the charader of the Plaintiff or nor. Mr. ERSKINE did not ask either of them a- question. • Richard Mackey, a servant in the family of Mr. Saint George, at Hampstead, said, he knew the Plaintiff Barbara Jones, and that he knew also a young man of the name of Kelly, who was Lady's footman. He proposed to marry Barbara Jones. He said he knew the fad. from the intercourse be tween him and them ; he had seen 'them often to gether ;. they appeared very attentive to one ano ther, with a view-to marriage. He knew the De fenant John Strutt ; had- heardhim say that he had taken liberties with her, saying, " she has taken me 'drunk On her back. up stairs to- Mr. Corpe's. bed, where I lay with her." At this time the De fendant knew very well that Kelly was courting this girl. • Francis Kelly, a servant in the family of Mr. Saint George, at Hampstead, being sworn, said— I and a footman in the family of Mr. Saint George. I know Barbara Jones, Mr. Corpe's servant. I paid her particular attention ; my intention towards her• Was to the way of marriage.. I was fully det % tetmined to . marry her. I know John Strutt. He has spoken to me many things about Barbara Jones, its consequenee of which I certainly could not think of" marrying her, for I could' not marry a person of such a diameter. I did not go to her after that : 'and- my not going was inconsequence of that. In the course . ..of cross_examination, Mr. ERSKINE put to him, over and over again, a question; whe ther, if this matter was cleared upi he would not marry her ? to which he answered, that he cer tainly -would never marry her if her charader was not cleared up—and that, if it was cleared up ; why ; then ; he ; would—think of it.. He had not given. it up altogether; but, if her charader was cleared up; then he would think of it. ----- Price, a working man; said, he had a conversation with Strutt about seven weeks ago. He asked the Witness, whether he knew any harm of this girl, Barbara Jones ? The Witness said he did not. He said if he bad known any body, or had seen any body put his hands into her bosom, and he- would say so, he would treat the. Witness with five, or ten, or twenty shillings to drink. The WitnesSesaid, lie • could not, for he had never seen any harm of the girl. Mr. ERSKINE stated, that this Defendant was 'a Day Labourer, working in his garden, paid by the person from day to day, whom he employed to look over those who laboured in hiS garden, and nothing more. He knew nothing of him except 1 that he was so employed, and so paid by his Servant. I-4e could never defend Slander in any shape, least of all in such a case as this ; for it would be as scanda lous if true, as it were, if false. It was not to be endured. The only thing wife urged upon it, was, that this v. a low, coarse, and flippant expression, which did not really deprive this young woman of her charader, for it was pretty evident, that if the " Jury found a Verdi& for the Plaintiff (by-the-bye, a Shilling Damages, in this case, would catty costs), 'and establish the eharader of this 'young woman in Court, Kelly . would marry her, so that in reality,. she had •not lost her marriage. The Law of England, which Was the Rule by which Courts of Law 'must be guided, did not allow that such an' Adion as 'this should be maintained ; for ,slander on the chastity. of a woman, be the words ever so • gross, unless special damages were proved to have resulted from the speaking of such words, was not aetionable- - -- a severity upon the female ‘ex which constituted,. in his Opinion, L'idet in tile system of our Laws,--i-bilt ildw . ever so it was by the Law of thil Land, that no - Action can lie Suppdited by any wonian for any words re on her chastity, unless it was proved that a special dathage had in, fat, taken place in conse, querice of such - tvordS'.. _ And thf;'refore with all the anger which the Jury had, and they would riot have More than himself, at these vulgar and gross words so flippantly spoken by . the Defendant, yet this Ac tion could not be maintained, unless the Jury were of opinion,. upon the evidence, that this young woman had lost her marriage in consequence of these words. A shilling damages Would carry costs, and that would be more than this Defendant could pay by the way, he was now married also to an innocent young woman b:r whom he had chit dren—the jury had too much Humanity to devote this poor fellow to gaol for life, and his family to ruin. _ _ Mr. justice LE. BLANa said that this was an Ation for words, uttered in a way which need npt be repeated, hilt they were on a subjeet for which the Law of England (lid not provide that an Ac tion should be maintained, unless special damages . were proved to have been the result of thern, - It was only on ihe ground, that damages had been, aaually sustained,, this aftion was to be supported. It was stated that,the Plaintiffhad lost her marriage with a person of the name of Kelly, and that was the ground of this. Adioh. This young man stated that he was paying his addresses to this young wo, Man, and that he was determined to marry her, but that what he heard the Defei'.'ant say, had. such an. died on his mina, that , he gave up for a time that idea. What he may do hereafter was not :o be guessed, for he said he had not made tip his mind upon that subje4. Perhaps toe Jury might think that it was the intention of this young man to marry her when this Cause was over ; still she had sustained damage r bY its - being put off for the present ; for she had at present lOst her marriage by the De fendant's expressions—therefore, the Plaintiff, upon his evidence was entitled to some damages.— Now, in considering that subjea, the Jury would look at the situation of the parties, particularly the party suing,. because, what would be next to nothing to a per son of elevated rank in life, would he compensation to one. of for station. Here the PlaintifF.Was,a Maid Servant in a Gentleman's Family. As to the `Defendant, there was no evidence of hiS property, and the Jury might take it for granted, th„it he was in a low situation.. The Jury would take this also, as well - as all the other circumstances, into consi deration, and say,,What Damages this young woman ought to fricei %;e. - The Jury withdrew, and in about half an hour, brought in their V erdia for the Plaintiff---Damages SEDGEWICK P ERRING, This was an lion of .Troyer, by Mr. Sedge wick, 'a Gentleman of.the Bar, to recover from the Sheriff several' copies of a work of which he was the Author, entitled, " Remarks, Critical and Mis cellaneous; on the Commentaries of Sir William Blackstone,",. and wh 2 .6 had been taken in execu tion by the Sheriff under. the, following circum stances : Mr. Sedgewick had employed a. Mr. Glanville, a bookseller in St. James's-street, to get .the work . • printed, and vested in his hands sufficient money - for that purpose. This, being done, Glanville was authorized to dispose of them for the benefit of Mr. S: but as he was embarrassed, he pawned several copies ; and afterwards one Barnes, having a Judg ment against Glanville, redeemed these books, ;and proceeded to sell them as part of the property of Glanville. Mr. ERsT 'NE stated that the whole question was, whether a factor could pledge the goods of his prin cipal ? which it was clear he could not, and the She riff could not take under an execution any but the goods of him against whom the execution was di_ rested. The Counsel on the other side admitted he could not support his Case, unless he could shew that the goods were the property of•Glanville a as against Mr. Sedgwick fcir this purpose he called three Witnesses, but failed in making odt any such Case. Verdi& for the Plaintiff—damages , subjea to the value of the books. In consequence of Monseignor EF.SKIfCR, the POWs Legate to this Court, haVing received a . cardinal's Hat, he is abotit to leave this Country. It is said the French Governinent have caused the Arch-Bishoprick and Territory of Saltzhaig to . be demanded of the Court.of Vi6nna for His ,:Royal Highness the Ex-Archduke of Tuscany. .• - A great number of respeftable families of Exeter have lately united in . one large subscription, said already to amount to tsool, to supply themselves with butchers' meat at the 'first hands, by buying living stock, and dividing it twice or thrice a week under proper regulations. The last week‘the prime mutton cost each householdcir sd. per lb. • On Fric"ay the 4th instant, Mr. Franeis Pick, Corn-fador of Leicester, was convikled• before Thomas Peach, Esq. Mayor, and the Justices of the Borough, for buying six quarters of wheat, contrary to the statute of the /z 1 of Charles 11. and was fined the value of the wheat, and the penalty of forty shillings, amounting together to the sum of twenty-eight pounds eight; shillings—Mr. Isaiah Banner, Frainesmith the Informer, ordered his pro portion 'of the penalty (the other being ordered by the MI), to be distributed to the Poor, and is the same person, who very lately convieted three Bakers, for selling bread deficient in weight, and gave, all the money arising •from the penalties to the sartie laudable purpose. It is to be helped that this will be a warning to Farmers, Coin-fac_ . tors, and Bakers, in not. buying or selling more than the legal Winchester Bushel of • thirty-two quarts only ; for there can be no doubt that Mr. Pick was not aware that he was acing contrary to Law when he made the contraft. Yesterday afternoon an unfortunate accident hap pened at the new Paper Manufalory on Millbank : the people being employed in raising a piece of tim ber, the scaffolding gave way, by which one of the workmen was killed on the spot, two of them had their legs broke; and two others their arms faux more were terribly bruised, 'COURT OF CiIANCERF; Lir;rcoLN's-Liriv HAi.t; DEC; 9. DRURY-LANE THEATRE , . THE SOLICIToIt ENERAL, on. behalf of Mr; SNERIDAN 4 and Mr. MANSFIELD on the part of the Trustees, having declared they .11a4 mutually con sented to an arrangement , and Mr. AGAR, on be half of Mr. GRuati, hairing- hapdecl to the LoR6 CiANCELLOR a proposal on the part . of his Client; who diSserited in some measure to .the•-arialigentent made by tlie other parties The Lotto CitANCELLOR ordered the busine to stand over till Monday; that he might have tittle; to bonsider the propOsals. JCOILIIND. ARBROATH; DEC. 2; A Mob of 'disordei - ly people.. assembled. here about six o'clock last - night; with an intention of (yarning a ship - in the harbour, which was td receive grain; and alSo to destroy the honseS of some Gentlemen in the - Corn -Trade ; but frotri the immediate interference of thedetachnient of the Aberdeenshire Militia quartered here,. 'their intentions were - some degree frustrated, - though not till ,they had - destroyed' the windows of three or four houses; Much praise is due to the detach:. ment, .for their steadiness and alacrity ; though they were pelted by the mob with stones and brick bats, and several of them much hurt, yet their hit; .manity was such as not to fire,' but closed on the mob, and seized :seViral of the 'ringleaders, - who were lodged in jail; About ten o'clock the whole . were dispersed; and quietness restored'to the town. We are sorry to say,.Captain GORDOg,. command ing.thedetachment; received a violent blow on the head and side by a brick bat : had. it not been for his cap; there is but little doubt of his scull being frao,u red. Most daring robbery was committed 'on the High Road, in ,the neighbourhOod of Logic tlphin stOne; between Inverury and .Old Raiti, at eleven o'clock in the forenoon of Thurs‘lay, the 3d inst. upon one William Carnegie, who was atta*eil, and robbed of upwards of eighty guineas., by two per. sans yet-undiscovered. About one *o'clock on Monday Morning,. the inhabitants of Stratford were alarmed by the. cries of a young man, who had been robbed about two mileS from thence on the Romford Road, by four footpads, who took froth him a watch and one guiriea and a half in gold, after which one of the most des_ perate proposed to shoot the poor fellow, which the others consented to; provided he Would suffer the young man to proceed a -short distance, and by hitting hiS mark, prove.himsclf a good shot-. He had not proceeded many paces; when a pistol was discharged, which fortunately missed hith, It Was then in contemplation to raise a party of the neigh_ hours to pursue tliem, but supposing that after coni-• mitting such a desperate as they would no longer con: tinue on the toad, the plan was abando; - ,cd until about an hour after, when a person came to Stratford, and . stated that as he was corning town 1;c•-ith:i cart, he 1. - v '‘vaS stopped by four footpads; lioiAfter ta;tin ,all the money he hid, fired upon him after he had:pro;. seeded some - distance,. but the Shot did not take' effed. It was then agreed by •the. fotir. Watchmen 'of, Stratford, who are ygong men, •to .go in quest of the footpads, and for that' purpose they armed. , themselves with guns and pistols. When they .had proceeded about three .miles' on the koa.' s , joining the Rotdord. -TUrnpike Road, they heaßt. a noise, which proved to come from the four foot:: pads in The aft of. robbing a man with a cart: The Watchmen Made up- to • them, When one . of. the villains discharged a pistol, but at too great a dis.' tance to do mischief. One of the Watchmen - return-, ed the fire with a gun loaded with slugs, and sup. poses he wounded some of the gang, ...from a cry that he was much hurt; The foOtpads, however, made the best.of their way, each taking different roads; and the Watchmen also separate& ancl pursued them. The Watclutian who had fred his piece, followed • the foodpad who had discharged his pistol, and over took him after crossing a field, when a . . desperate, • battle ensued. The Watchman at length secured the . footpad, by knocking Min dciwn With* butt end ,of his gun. 'The rest escaped: I • ' , ' The next day, hoWever, the one in cuAatty , Made a discovery of his accomplices, who, he said,' were frishMen, and in the habit of working for Farmers n the neighbourhood of East Hahn,;' where, .on Monday, three of the same • watchnien took another of the gang in a field at work, who defended him self with a• sharp weapon AvhiCh he had been using: Both the Prisoners ate now- confined in Barking gaol, and will undergo an examination at Stratford on Friday next.. r , The Rev. j..SHuTsTLEwoRTH, o f Cow l ing -Hui, Yorkshsre, sh..a tettet . ,• dated August so, sBor, addressed for publication to P... D. PERKINS, of Leicesterscinare, - London; the Patentee Hof the Me tallic 1 - 7ratiors', a longAi,st ofCures by those Instru 'Twists ,among which are, three of tcosh-achs, two chronic head-achs - two burnsi af.severe.scald, arid several cases of inflamed eyes, one of vtrhich follows-: - -`‘ A persdp who had for • three years been much afflialcd • With-a , Rheum about one of her. Eyes. For ten days•betbru : she applied to me, the Eye had been'so coveted-with a web,, that she could not see at all. Hey Physician, Who had used a wash,, without any benefit, feared the.. sight ..was irrecover ably lost : she could neither sleep nor test from the violence of the pain and inarninatiOn - . -1 the Tra6tors thirty minutes, during which she found grkta - t. oapei smd soon after was enabled to see.. _I used them again only twice during , the two following days, when the eye was well ; the pain • and inflammation being gone, end the sight restored.".. The Tractors,' so necessary in eery Fay,ily, and among Horses, may IN: 114 genuine, with rv:Vv and. improved . Direc tions . for using . them, for rive- Guineas die Set, of B. Perkins, A. M. the Patentee, , in the..ouse of the late john H , inter, Surgeon, Leicester-squarp ; and of' Frederick, smith, Chemist and Druggist, in she Htty-Market,: Lon don. • The _portable nature of the Praetors renders their conveyance by coach, or evat by post, pm - fee:lly convenient. Letters inclosing their amount (post-paid) duly attended to. • N. B. The purchasers of the Tradots receive watis, two different Books,: which contain, as communicated by the first literary charaaers,abont three thousand Cures of Gout,. Rheumatism, Scalds, Head-ach, Toosh-'ach,Sprains, mations, Ste. &c. andallanalogons - biseascs or Horses. CA Ll T 1;0 N,- - The genuine Tradors' ate stamped with the words " PERKINS'S PATENT TgAcToas,"atad at.the b.rt tom.of the printed directions is a Receipt for toe five guineas, signed in the hand writing of tne By ohioty344: 04*, imposition , ; will ottw4 . bc dvttotled, - •