The Express.
London, England, 1848-02-15 00:00:00

THE EXPRESS, TUESDAY EVENING, FEBRUARY 15, 1848.

seven and eight horse power. The large stone is three
feet in diameter. This is but a small atone, but it is the
speed that does it. I cannot tell what was its speed; it was
used to grind spindles upon. I annot tell the weight of that
or the other machinery. About two months before I left the
boiler was repaired by my master and two apprentices (Cash
and John Hamer), with a screw patch in the place of an old
one which was taken off. The new patch wan larger, end
was placed on the side near the bottom. In consequence of
the iron opening, and going so much worse, it was not riveted,
but merely futened with bolts and note—three at each side,
six or seven inches asunder ; it might be about an eighth of
an inch thick, or a little more. It was beyond the fire place.
but the Game constantly drew under, and went against that
This woo the part where it leaked. When I left the
put This
stone was at work, and I was afraid of staying
any longer, lest the boiler should burst, because of the
extra preuure. I had several times, the week that
I left, told Mr. Riley of the great danger there
was of the boiler • exploding ; and in consequence of
that, and his making no alteration, I left. It has
not been once, but many times, that the hands have threat-
ened to leave their work when the boiler Ins been driven so
low ; and at their request I have gone and told my master,
who still insisted upon the engine going en, and would not
stop. Cash, Hughes, Davis, and Hamer were the persons
who generally complained, and they have often told me that
I should be blowing them up ; and thinking there was some
deer, I have often left the fireplace myself. When a
carder at a mill I often went into the engine-house and saw
the Engine and boiler, and could stop and s' gate" the en.
gine ; and sometimes I have been called upon to assist in
repairing the engine. When there has beau a scarcity of
water I have often supplied the water by means of buckets.
—Mr. Riley is still in custody.

YORKSHIRE.
CURIOUS ESCAPE FROM DEATIL—There is now in
course of construction across the Wicker-road, Sheffield, ■
stupendous viaduct, connected with the line of railway run-
ning into Linea!whir.. There is at present a very extensive
reelfolding, consisting of uprights er standards, which rap.
port 1:1111141TO wooden runners at the top, on which is placed a
line of temporary rails, along which a large traveller or "On-
liab" may be movedbackward and forward to anyplace where
its aid is required in lifting heavy atones or other materials to
their proper position. Lest Wednesday four men, named
Mahon, Bratty, Winks and Booth, were working with
the traveller on the top of the scaffolding, and Thomas
Hawke and Reuben Knowles were below setting stones in
the excavation far • foundation at the south end of the
scaffolding, and not far from the point where it terminated.
Whilst they were thus engaged, the foundation in which
one of the uprights was placed gave way, and that part of
the scaffolding, together with the traveller at the top,
weighing about five tons, immediately fell down a distance
of about 45 feet, bringing along with it the four men by
whom it had been managed. It tell with great force upon
Knowles, one of the men working below, and killed him on
the spot. Tne other man below, named Hawke, e►caped
most providentially by the traveller completely enclosing
him within its hollow part, and he did not sustain the
slightest injury. The four men who were severely hurt,
were immediately conveyed to the infirmary, but two of
them, Mahon and Winks, soon died, and Booth and Stacey
are neither of them expected to recover. An inquest was
commenced and adjourned.

NAVAL

FEB. 14. APPOINTMENT& Masters'.
Atetatouta : G. Grady, to Devon; L G. B. Williams, to Welkaley.
Carpenter : R. Hal, to Eatexprisa.—Leadieg Man at Otarebottata :
Stepboas, to Devoopott-yard.

SPORTING.

TATTEIS A-LLi.4IIONDAT.
LIVISPOOL STIIIPLICILABL-15 to 1 apt Sig Arthur (t);
20 to 1 apt The Curate (t) ; 20 to 1 apt Jerry (t) ; JO to I apt
Consatter (t).
2.000 GUINEAS STAYED.-5 to 1 apt Blase (t to 100.1;
sto 1 apt Barplke; ISO to 100 on Glendower apt Assault ; 150 to
+ND on blase apt annuli.
MITIOPOLITAX li•NDICAP. —lO to 1 apt Jericho; 20 to 1
opt Gannet ;25t0 I spot Vorspyro ; to apt Glen *adds' ;50
to 1 apt 'aberrant*.
Cantrell. Cur.-20 to lon the field ; 2.5 to I Ara Jona-
than WWI (tad aft off); 30 to 1 apt War Eagle (t); 40 to 1 apt
gorallow (t to 751.) • 40 to 1 apt *wit," Boy ; 40 to apt Kelethe
(t 45 to 1) ; 40 to 1 iget Queen Mary ; 1,000 to 20 apt Bantam (t and
aft off) ; 1,000 to 20 apt Mendicant (t and aft off)) ; 1,000 to 20 apt
Joe o'Boo (t and aft off); 1,000 to 20 opt Mrs. Taft ; 800 to 10 aut.
Ilagp (t); 1,000 to 15 oust Lightning (t) ; 5,000 to PA apt
Glen giol (1); 2,000 to 25 apt Malt (t).
All the la to above quoted u taken were subsequently
offered. We did not bear a tat marabout either of the two tavottritcs.
but 25 to I would have been token about either. Very little bueincoo
woo traasacted.

Ditax.:-500 to 40 seat Glendower (t) ; 18 to 1 eget
springy Jerk (t 20 to I); 25 to I apt Assault; 23 to I apt Ceres
' (t and aft off) ; 33 to 1 apt Loadstone (t 40 to I); 33 to I apt Bess-
borough (t to 10014 ; 35 to 1 apt swiss Boy (40 to I ; 40 to I apt
lieraun. 5,000 even laid between Keratin and Deerstalker, and kit
to 200 on Dar's, Kral's, Green's, Scott's, and Dilly's lots apt the
field. Offers to take 20 to 1 about Springy lack, 40 to 1 about Swint
Boy, and 1,000 to 15 aboat Fern. Assault was on the totter.
°Alta.-200 to 10 agst Lola Minitel (t); 200 to 10 apt
Testa= (t). Both bets aterwasdaotrered.

Cabo intrthenne.
COURT OF EXCHEQUER.
Trial at Bar.—Rekse harass Parke, Alderson, Rolfe, and Platt.

BUH.ON v. THE HON. JOBEPH DENMAN.

Mr. M. D. Hill, Mr. Martin, and Mr. Robinson ap-
peared for the plaintiff. The Attorney-General, the Sob-
citor-General, Mr. Godson, Mr. Cockburn, and Mr. Willis,
informed the court that he appeared for the crown, and was
instructed by the crown to defend the CV..
The court having been formalle opened at a few minutes
past ten o'clock, and a full special jury having been obtained
and sworn,
Mr. Robinson opened tla pleadings to the jury. From his
statement it appeared that the declaration was in form of tees
pass, and contained two counts. The firsteharged in substance
that the plaintiff not being a subji ct of this realm was pos.
seised of certain slaves, goods, chattels, effects, and bills of
exchange, and that the defendant, whilst the same were out
of the dominions of this kingdom, seized, took, and carried
them away; the tad count stated that the;defendaot burned,
damaged, and destroyed certain goods, chattels, effects, and
billa of exchange of the plaintiff, similar to those in the first
count, net stating them to be out of the kingdom •, and the
damages were land at 180,0001. The defendant pleaded 23
pleas to this de,laration—lst, not guilty generally ; 211, to
the first count as far as related to the slaves, that the plain-
tiff was not possessed of the slaves, goods, and bills of ex-
change; and 3d, to the first count, that the slaves, m ode,
dc., were captured by command of Siacbs, the King of !
Gallinas, in hie kingdom, in a war by him against the plain-
tiff and others; 4th, to this count, so far also as the same
relates to the slaves, that a treaty had been made by England
with Spain abolishing the slave trade; that the plaintiff was
a Spanish eubjeet and possesaed of the 'mid ehves in Africa
wenn their will, for the purposes of carrying on the
slave trade, contrary to the said treaty ; that the defendant
was a commander in the navy, duly instructed to enforce
the said treaty, and that as the servant of, and by command
of, her Majesty, he seized, took, and carried away the said
slaves, and set them free. Fifthly, that the laws of Spain
had declared the slave trade illegal ; that the plaintiff, as a
Spanish subject, was powered of the said slaves, and the de-
fendant, as a British subject, had net them free. Sixthly,
that by the law of the Gallium the slave trade against the
will of the sovereign was prohibited, and slams were liable
to be set free by authority of the sovereign • that the slaves
lin question were within that state, and the Plaintiff was pos-
sessed of them against their will, for the purpose of the slave
trade, and the defendant, at the command of the sovereign,
pursuant to the law of Gallinas, set them free. Seventhly,
that the defendant set free the said slaves, who were held in
slavery against their will, by the authority ;of King Siache,
who had absolute and supreme authority over the county.
Eighthly, thee the said slaves were born free in Africa, and
held in slavery by the plaintiff, in a country not subject to
English, Spanish, or Icy other laws, and that to prevent
their being transported to the West Indies as slaves the
defendant set them free. The ninth and following pleas
varied the above justification as applicable to the second
count, and on the issues joined by the replication thereto
the questions were raised for the consideration of the jury.
Mr. M. 1). Hill then stated the cane to the jury. lie had
the honour of appearing, he said, on this occasion, for the
plaintiff, a foreign merchant, who, though dealing in
slaves, yet demanded compensation at the hands of a British
jury for wrongs alleged to lave been inflicted on him by the
defendant, in his capacity of a British officer engaged in the
suppression of the stave trade. On the other hand, the de-
fendant was an Euglish gentleman of rank ,possessed of herd-
diary claims; and, far more, of personal claims to the respect
1 of all who knew him. In this he, M r. Hill, unfeignedly j rsiuoil.
None could entertain a more sincere respect for his hon.frieed
than he did; but it it should be made to appear that he had
committed a breach of the law, whatever his motives
might be, however praiseworthy they might have
been, and however deep the respect in which he
was held, he must answer for his acts, and be made
responsible to the plaintiff for them. He, Mr. Hill, bad
a most difficult task to discharge in advocating the cause
of M. Baron. Be felt that it was so ; but at the same time
that which fell to the lot of the jury was a still more difficult
duty. When they came into the jury-box they were re-
quired to discard all the feelings which prejudiced mankind
at large against a man professing to be the owner of claret.
For the last 50 rears the greatest and noblest of England'',
boas had devoted the energies of their minds and talents to
the protection of the negro, and the suppression of the odious
traffic in their persons. These men have all agitated the
great question of re gro slavery. William Pitt, Fox, Wilber-
force, Sheridan, and in later times a Brougham and a Den-
man, last though not least, have devoted to the subject their
great talents. What was said in parliament was echoed
from pulpit to pulpit, and the great assemblies where male
and female all met in that cause. When, moreover, we
reflect that lips now silent in death have instilled
Into our youthful minds the great cause of eman-
cipation, and that a lively horror of slavery had
no doubt been impressed on the jury, it was diffi-
cult to see how they could divest their minds of prejudice,
but they were asked to do their best, and no more. It was
their duty to do justice to the plaintiff, though a foreigner,
and though a slave-owner, and to award to him his rights
aceorithig to the law of the land, if ke should be fiend to
merieit. It was necessary to state what the law was on this
subject, end it was this:—No Englishman or foreigner can
now hold slaves in any part of the English dominions, which
extend over all the glebe ; but a foreigner possessing slaves
in parts not within the dominions of England is not en-
gaged in a breach of any law of England ; and for any
one to interfere with him was a direct violation of the law.
This he took to be quite clear. It was also clear that Eng-
land, the greatest elaviholder till within the last fifty years,
had suddenly turned round and embarked in a vehement
and eager crusade against that very .system which
she had fostered for 230 years, and by which ebe had
amassed great wealth. Suddenly changing her views, she
in 1817 had entered into a treaty with Spain fir the sup-
pression of the slave trade, which was recited in 58 G. 111.,
c. 6; and again in 183.5 she had made another, whicu was
recited in 6 G. IV. By these laws this case must be now
decided ; and on the part of the plaintiff it was unnecessary
to do more than call the attention of the jury to two prin-
ciples, The powers thus contracting do not give each other
any right to interfere, except in reference to ships afloat.
No power is given over goods on land, and the power over
ships and cargoes &fleet is confined to seizure and detention,
for the purpose of consigning the ships and property to a
mixed court, in order that an impartial inquiry may be in-
stituted into the nature of the voyage. This, however, is
nothing like the act of the defendant, which is complained
of by the plaintiff, whose property was seized, burned, and
destroyed when on shore, and arbitrarily disposed of by the
defendant, in violation of those treaties. The plaintiff, though
he is a foreigner, is not without a precedent in his oda-
, fidence in a British jury, for cases have occurred before
in which large damages have been recovered from British
officers for similar outrages. Whatever disgust we may en-
' tertain against the slave trade, it is not illegal, except where
prohibited by express statutes. Lord Stowell had decided
that the possession of slaves was not against the law of na-
tions ; and if not, what a pcaition would we be in who for
2.50 years had carried on the trade more eagerly than any
other nation ? Let us, said the learned gentlemen, test the
case by an illustration. Suppose that the zeal which the
defendant has imbibed from his cradle had taken another
direction, and that he had conceived as strong a prejudice
against the custom of polygamy, and he bad, while sailing in
the Levant, landed and set free the harem of some grand
Turkish pacha, and bad offered the contents of
the building to those who had liberated the fair
slaves to bring them back ; such a crusade might be mere
agreeable than that against the slave owner, and the task of
goring free passage to these eastern houris might not be
without its agreeable momenta. (Laughter.) But no Eng-
lish officer so conducting himself would stand for a moment
against the slain of such a man, though a Mahometan and
the owner of several wives. Suppose, again, he had attacked
a josshouse, and carried off the Chinese idols. No greater
tie is known to the law of God and man than idola-
try; but that feeling would not justify a man in
attacking them. So, neither would the laws of the
Chinese against opium-eating justify some Chinese Capt.
Denman in attacking and destroying the easels engaged
in the prosecution of the opium trade while not within the
dominions of the Imperial Brother of the Sun and Moon.
The English owner would say, I care not for your moral and
religious feelings or notion. ; I have been injured in my
rights, and I claim redress. and inch a claim could not be re-
sisted. There was no substantial difference between that
case and the present, and the plaintiff therefore felt confident
of success when he appealed to a jury for redress now. The
law on this subject had been so laid down {neatly—u for
instance, " Madre's° r. Willis" (reported in 2 B. and Ald.,
3.536 where 18,0001. was recovered by a Slave owner for
slaves illegally taken from him by an English officer, and
3,0001. for the ship. Thalami occurred in 1820, when the
most stringent laws had recently been passed against the
slave trade, and then the ship and cargo were afloat, which
makes it a weaker ease than the preeentone against the defend-
ant. The jury would no doubt perceive the novelty and singe,-
Jerky of the proceedings to-day. This was a " trial at bar,'
and it had been demanded by the crown as a right. The
mown, therefore, is the real defendant in the case, and it
was but right to admit that in taking upon itself the defence

of the defendant, the crown had but acted a proper part, for
hard indeed it would have been, if after haring advanced him
a step in the noble profession to which he belongs, they had
not countenanced his acts to-day. But la the lands of the
crown the high muse on which the defendant had set out
sank miserably, when we come to see the petty chicanery
and low art by which the defence is retied an the
The crown makes the defendant dasher himself in the
muddy sea of the quirks and quibbles of • special pleader,
whose object it is to snatch a verdict for his client per Gs at
' nefas. The plea, put on the record are twenty-three in
number, and show the ingenuity of the pleader, who has
invested a miserable petty chieftain, Mirk d "King Jack " by
the sailors, with the high-sounding title of King Such',
in order to grace the hollow justification phosdon the record.
Leaving this tapir, however, let us come to the facts on which
the plaintiff relied. It would appear that on the 19th day of
Nov , 1810, Capt. Denman was in command of the Wanderer,
the Saracen, and another smaller vessel, cruising off the
Gatlin**. Ile manned the boat., cautioned the men against
plunder, that. is to say private plunder, at opposed to what
he deemed to be pubic plunder, authorised by his commis-
sion, awl rowed for the shore. On landing they met the
slaves of the plaintiff flying into the interior, they having
been let loose, perhaps fortunately, by those in command-
The buildings were *cited and finest by the defendant and
his men, who offered the contents of the houses to the
natives as bribes, to induce them to return the cloves. This
was effected, and the slaves were carried off from the
Gathers', and no doubt liberated at Skrlll, Lrore. Now the
question was whether the defendant had not taken too moth
upon himself, and acted an illegal as well as a double
part in this transaction. With regard to the proof, the
plaintiff would no doubt have difficulties to struggle with,
(or the fire destroyed the best means of proof ; but it was a
principle known to the law, when the acts of the spoliator
destroy the means of proving the spoliation complained ef,.'
the law will not allow the party injured to be damaged by
it, and the path of proof will be smoothed for him.
am (continued Mr. Hill) most anxious to do my duty, which
is nut to press too heavily ou the defendant, whom motives
may be admitted to be most praiseworthy. It is the system,
however, of which the plaintiff and the world complain.
When England became repentant, it became her not to be
too quick to mock the sins of others. She made but one
step from the dock to the bench, and Wide herself the judge
of the *ins she had so recently shared M. This, I say. was not
right. It would have better become us to have paused awhile,
and to have trusted to the gradual operation of that noble ex-
ample, and to have relied on the language of Milton, who
had said, " It was the high prerogative of England to teach
the nations how to live." We might have united for the
slow but sure progress of civilisation and example, instead of
coercing petty states into treaties. We might then bare
done some good; but. as it is, it is admitted on all bands
that we have inflicted more hereof* on the slaves by our
protection than by our participation in the trade we now
condemn, when we oppressed them ourselves. The
consequence of our friendship has been to aggra-
vate the ruffs rings of the beings whom we seek
to protect. WA have irritated instead of convince-
ing these engaged in the trade, all for the sake of philan-
thropy. The unhappy Roland, wheu she ascended the
guillotine, exclaimed, " Oh, Liberty, how many crimes have
Inca committed in thy name!" And may not the uti-
happy negro exclaim, " Oh, philanthropy, how much suf-
fering has-been inflicted in thy name!" All the inconsistency
and mischief we now lament may be traced to the too eager
and sudden conversion of England, and her sacrifices at the
shrine of this philanthropy. What are we now doing?
Look around us. In the eyes of the world we stand con-
victed of the grossest hypocrisy or the most abject lunacy.
What do we say to the Bread,? Bring your SLAVE'S Onshore
if you can, and we will thee take your sugar an.; cofGe ; and
if it costs more to make it by reason of our efforts on
the African coast, never mind—why we will pay yon
more on that account." Such is British philanthropy
and consistency- We pay hundreds of thousands
with one hand to check the trade on the coast of Africa, and
we pay as much mere with the other for that very reason in
the price we pay the Brazilians for sugar manufactured by
them, in spate of our blockade arid by slave labour. Tim
contrnst is enough to make one smile. It is unknown to the
law that • commission de lunatico inquirendo should issue
against a whole nation ; but if it were possible, we should
richly deserve it. I cannot conclude without referring to a
letter from Lord Aberdeen, penned two years after the ofe-
currence in question, which will show that it was an exam
of uutherity, and goes far to put the defence out of that
court. The learned gentleman then read the letter in cream
tion, in which the noble writer, addressing the Lords of the
Admiralty relative to certain proceedings on the coast of
Africa similar in character to those of Capt. Der. man,
stated that the opinion of the Advocate-General
had been taken, and that he had pronounced them
to he illegal soil unwarranted by any treaty. Such,
gentlemen of the jury, is the cam which I have had
the honour of submitting to you. I feel confident that when
it is established in evidence t e plaintiff will not have ap-
pealed in vain for redress at your hands.
An interpreter having been sworn the following evidence
was then given.
Marieno Diaz sworn t I sea a native of Grand Canary,
and a subject of Spain. I was in the service of M. Buren.
and entered it in 1834. I remained to till 1640. I I
was at the Gallium in November, 1840, in his employ.
My business wax to take care of hie storehoure, and receive I
the invoices. He had several storehouses in different parts
of the Gedlina.. That is a river with several blends at its
month. The storehouses were at Cm:Hoorn and elw•there.
That is one of the islands. There is • place called Dombo.
corn), an island very near to the main land, M. Boron had a
warehouse there and at Taro. He had nine altogether at
various places. The gunpowder was kept at Camasura. In
November, 1840, there were 1,000 barrels, each containing
251 be. weight. There were linen cloths about 1,500 pieces,
of 18 yards each. They were manufactured in China. In.
eluding white, there were 50,000 pieces of cloths altogether.
Some of these are called majulipslams. There were soma
satin stripe., which are included in that estimate. There were
200 boxes of muskets, each containing 25 • and 260 butts of
tobacco, from 1,100 to 1,6001b5. ; ahcin 200 boxes of cigars,
1.000 in each box ; a great many iron pot.; 500 and
900 brim pots; there were also 500 hhds. of spirits; there
were 4 or o 'Ads. of aniseed, and the rest were Relieve,
brandy, and rum; there were 20 boxes of cutlasses;
there were four boilers, besides the pots, and •
large quantity of rice, about three hundred tone;
There wars also pepper and salt. The total value was be.
tierce° 400,000 and 600,000 dollar,. These goods came from
Havana. The account-books were burnt in the fire; but
some hills of lading were preserved. These are they. The
last ship which came there with goods was the Crawford, '
from the Havana. She arrived in June 1840. Thin is the
invoice and bill of lading of that vessel. 'received the goods
mentioned in them. In my judgment they were worth
113,322 dollars. Several other ships had come before the
Crawford. M. Boron bought goods from merchants who
came to the Gallinm as well. lie hod a number of boats.
I remember the 19th November, 1810. I knew Cspt. Den-
man. Eleven boats and six canoes came into the river on
that night, with about 100 whit a and 50 kroomen. They
were armed. I was at Camssura when I first saw them.
Capt. Denman was there. The first thing the sailor* did
was to take possession of Dombecorro, and after that they
went to the other places. They took possession by force.
could see many things which were done on the outside of the
houses at Dombocarre. They took possession of the fag-
.

tories, and placed sentries on 'them alr; all the effects dal- 1
•ppeared. They gave the gunpowder to the natives. The
English sailors were there seven days. I saw Capt. Denman
himself take potsi salon of the factories, and claim a woman
in prison there. 1 saw him art fire to two rockets at Cams-
cure. He was then at Dombocorro. They came over
to Camasura and set fire to the factory there. He
discharged them wi'h his own hands. I was a
pistashot off front him then, and was at Tindo then.
I saw Captain Denman at a place called Chicore, and there
he pet fire to the whole of the village, which was burnt down,
including some of the plaintiff's factories. The gunpowder
in the factories was given to the people by Capt. Denman,
and some of it, about 50 barrels, was thrown into the river.
I saw some of the spirit casks broken, and the contents were
poured out upon the ground. The factories were all burned
down and the goods wnich were in them were totally
destroyed. The burning began on the 23rd Nov. 1840, and
continued during the three following days. The last place
burned down was Dombocorro. Capt. DC11131111:1 was at
Dembocorro at the time, and it was on fire when be went
away. He act the to it when he was going away. I saw
some of the goods exchanged for slaves. Gunpowder and
several other descriptions of goods were so exchanged.
When the exchange of goods for slaves took place, the sieves
were let out of the factories and went up the
country. This was before Capt. Denman arrived. After he
came the slaves who went into the country were brought
back by the Kroomen, who came with Capt. Denman ; and
to these Kroomen goods and tobacco, (rem the plaintiff's
factory, were given for bringing them back. The slaves
brought back were sent to Dombocorro, and from thence
they were put on board ship and taken away by Capt. Den-
man to Sierra Leone. The inhabitants of Galhnu had pro-
perty of their own, consisting of slaves, rattle, land growing
corn, and rice, which they kept to themselves. Each man
//apt h,s own corn, and kept to himself hie own property.
There is a place there called Ghindamar. It is the capital of
the Gallinas, where the principal men of the place meet to
make the laws. The laws are made by the king and prin-
cipal gentlemen, who meet together for that purpose. I
know King Siacha. He was in the habit of buying goods
from the plaintiff, Mr. Boron, to a very large extent.
Mr. Martin : Had the king the power to take the goods
belonging to the people of the Gallium ?
The Attorney-General objected to the question on the
ground that it was one which involved matter of law, and
could not be answered by the witness. Foreign law could
not be defined by a mere merchant's clerk.
Mr. Martin contended that there was no other means by
which a knowledge of the facts could be acquired but by the
witness who had lived long in the Ginnie', and therefore
was accustomed to the laws of that country.
Mr. Baron Parke said that in the case of the Duke of Sus-
, sex's marriage before the House of Lords, it had been held
' that no person could speak as to the laws of a foreign country
salsas he shewed first that he had some knowledge of them,
sad in that case Dr. Wiseman and others were examined as to
tb• laws of the Roman states in respect of marriage, but not
until they had proved that they were acquainted with them
sad had made them part of their studies in the course of
their education for Roman catholic ecclesiastics. The wit-
SIM must show his means of personal knowledge.
Kr. Martin, to the witness: Are there any lawyers, adv.°,
seta, or conned at the Gallinas?
Wita.ss : Yes, but they are not natives. They are not
learned men skilled in the law, but acute men of great natu-
ral talents. There are in the Gallium too persons who get
their living by the profession of the law.
Mr. Boron Alders*, : If any complaint or dispute arise,
how is it beard and settled ?

Wiwi : The King meets the principal inhabitants, the
great men of the country, and they hear both parties and
then decide the matter in dispute. These meetings are
called Palevers, and the place where they meet is called the

Palaver house. I have been present on severe! surname
when these proceedings have taken place.
Mr. Martin then proposed to ask the witness the (Glowing
question: Has the king the power or right to seise the
people's property at the Galling, by the law of the Gallia"
athia own tree will and pleasure ?
The Attorney General again objected, on the ground that
the witness had not shown his competency to answer it. He
was not competent to give an opinion es to the law unless he
had been present when the particular point put b*d been de.
aided by_ the tribunal in question.
Mr. M. D. Hill contra, cited the can of " Baron de Bode
v. the Queen," 8 Queen's Bench Report, p. 245, and "Glen
r. Levy." 3 Campbell, p. 166.
Mr. Baron Parke intimated that the court was of opinion
that before it was called upon to decide upon the objection
taken, it would be better to ascertain what means of pee.
local knowledge of the laws of the Galion in repnt to the
powers of the king the witness had had.
Examination resumed.—l have lived at the Gallinaa six
years, via., from 1P34 to 1840. and during that time hays
had many commercial transactions with the natives. I bays
been present at the palaverhouee al times when dia.
putts between the people have been heard and deci.led.
These were disputes between private parties; but I never
heard any dispute tried between the king, er the officers ot
the king, and private parties. The people pay tango, but I
never heard of the king or hie officers seizing the property of
ihe
t6".°heron Parke thought the question suggested had
better nut be put.
Examination continued—ln November, 1840, there was a
King of the Gallinaa. his name is King Smells. When
Copt Denman came, there was not any war existing between
the King and the plaintiff Boron. There never had been a
war between the planters and King Seacha. Some, but not
all of the goods, bought by the King front Boron vent to
Int for dares for exportation, and for slaves to .et as do.
mystic servants in the plaintiff'. establishments.
Cross examined by the Attorney.Geueral-1 csnnot tell
how many blesses Boron sent out from the Gellinas during
the six years I lived with him, for I never counted them ; at
was not my concern or interest to count them. I cannot say
that he has sent out 10,000 Olives durin t that time. 1 can
lay he has sent out 5,000. I will not swear to any number.
As I have never been a valuer I cannot say how many slaves
the cargo brought by the Crawford, in June, 1840, would
have purchased. The price of a slave at the Gellines is about
fifty dollars. The plaintiff Buren ie a subject of Spain;
but hot been settled many years at the °affirm*, in thee
kine.dom of Sischa. Ido not know that Buren is the agent
of Pedro Blanco. He was not so in 1840. I know Pedro
Blauat, who is a merchant who lives at the Ilevannah,
where I myself lived with a mercantile house before I went
into the ',nice of the plaintiff Boron. Souse of the stores
belonging to Bun= were defended with cannon. At Coma-
aura there were three guns, but they were never made use
of • at Chicory there were two guns, sad at Dombocorni
there were three without carriages, sod wholly use,ess. At
the time Capt. Denman cams up the river with hie. Watt,
Boron had stout 300 slaves, not more than 20 or 26 of
whom were in chains at the time of his arrival. Those who

were found in chains belonged to the people of the country,
and were prisoners of war. I men net aware whether among
those in chains were some British subjects. I know a wo-
man named " Fry Norman," but she was not on Huron's
premixes. The capital of the Gallinas is exiled Ghindamax,
and is situate *bout six miles from where Buren hr.,. The

King Stara bleary old, and bedridden. I know le eldest
son, Prince Manna, and also some chiefs called the itotere
family, who are descended from an English mulatto, and at
the present time they are Urdu. When Capt. liennzaa
Mal w ith the boats, there were at Dainhocorro invent other
pergolas, awing them Angelo Zimenes. They claimed an
Engiise wom,u named Fry Norman, who was said to be in
prison at Dumbocorro. I was not there, but I saw l'rinee
Manna and the chiefs go there to see Capt. 1/tertian.
They remained with him tome days before act thing
was done to the factories belonging to the plaintiffs
the Bauk books in the names of Morgan and of Mr.
Squire, the app. Hants, as trustees of the marriage settlement
of Mr. and Mrs. Beauchamp. Upon Beauchamp's death, in
1341, Squire and two others (who are also apes Ilaras), being
left executors of Beauchamp's will, applied t Mee. Whitten
for payment of the bowl, and on her refusal they filed this
bill against her and Morgan stating the facts, srd that as
the bond was iuvalid in law, for nut being executed after
the blanks were filled up, the proper remedy wan in a court
of equity, and praying, therefore, that the dela ndauts he der
creed to pay the money intended to be secured by ti.e bond,
or to execute to the plaintiffs, as such executors, as aforesaid,
a valid joint and leveret bond for 10,0001., with illtk Mitt
The plaiutiffs alleged that they had replaced the trust stock
out of Beauchamp's stuck. The Vice-Chancellor dismissed
the bill with cults as against Mrs. Whitton, and t'ecreed
payment of the bond against Morgan. His cireumotencs•
were such as made it impossible to make the decree avail-
able against him, and he is since dead. Thee erratum of
Be tuchemp appealed against the decree.—Mr. Kinderdey
and Mr. J. Stuart (with wham was Mr. Tolley), argued the
Case for the appellanta—Mr. Turner and Mr.Wigi.on with
whom were alr. Bethel), Mr. Bally, and Mr. Jack-on),
argued it for the re...pander.
The Lord Chancellor, at the conclusion of the arguments,
moved the judgment of the house, and said the ohiect of the
suit was to make the defendant pay the sum of 10,0001. The
bill had charged that the bond was void at law but good In
equity, and it prayed that it might be declared that the re-
spondent Mn. Whitton, as well as William Mergau. wen
I liable to pay the arm:Mutts, as executors of Beauchemp, the
I sum of 10,0001., with interest at 41 per coot., and that it
might be declared that the alleged bond was valid and
effectual in equity against the respondent and W. Morse;
or that they might be decreed to execute to the iippellents •
valid joint and several bond for the sum of 10,0001., iu place
of the alleged bond; and that, at all events, the respondent
as well as Morgan, might be decreed to pay 'he eppillants,
as such executor, as aforesaid, the said sum of 10,0001.. with
interest, Tito Vice-Chaneellor dismissed the bill as
against the respondent, being of opiniou that the
plaOtiffs did ant make out their case against het.
The question for the house now ie, wheal, the Vice.
Chancellor's opinion was right. This sum of 10,0001. wee
not a debt owing from the respondent to tne appellants, but
they brought the suit in order to make her liable for that
sum, wadi r the circumstances stated in the hill. (Hie lord-
ship stated the fact" as alleged in the bill.) The document,
prepared by Morgan, the son, and c xecuted by the err pond-
ent, was wleilly inoperative at law, and that forms the
ground on which the plaintiffs come to a court of equity.
Chat instrument, after the fiend and seal of the respondent
wan put to it, remained in the possession of Morgan. After
that, the transactions with Mr. Beauchamp took place ; it la
clear that he had no knowledge of this oecuin( the time
that he wrote the lett. r to Squire, cousentiag to advance the
10.0001., because in that letter he speaks prose etivt ly of the
security he expected; yet it has been contended by the ap-
pellants' counsel that it was on the faith of Mrs. Whitton 's
agreement to be surety that he consented to the advance.
It is probable that the suggestion of her becoming surety, r
well as the sale of tho stock, was made to Beauchamp by
Morgan, who had Do scruple to being a party to the breech
of trust which he and Squire committed, of selling out the
trust fund to raise this sum. There does not sppear any-
where to have been any intention of raising the money in
any other way than by sale of that stuck and b; breach of
trust. The result was that the money had been lost ; and
the question is, how is the trust moue), to be mode gond
The appellants say, they have already replaced it out of the
estate ef Mr. Beauchamp, and now they come in his name,
with this snit in equity, to claim payment of the bowl from
the respundent. Two points are to be eeneidered ;
first, what is the appellants title—whether they are
eatitkd to sue 1 and secondly, what is the TM
spondent's liability / The foundation of the appllants• case
is a contract, alleged to be contained in that instrument,
which fails as a hood at law. There must be some evidence
lof contract to supsott this ease. The document is lowers.
tive, but it is alleged that there is power in a court of equity
to make the party who signed it liable, on the ground that
it was on the faith of that party's agreemerit to be surety
that the money was advanced by the obligee. But the
money was not eduinced by him, but by the Mottos ; there
was, therefore, no contract with Beauchamp, and therefore
there is no equity to favour his representatives, the appel-
lants. The ground on which the case is rested fella. If
the money was advanced by Beauchamp, no doubt Squire
and Morgan were his agent, and they saw that
the document was void as aisainet the respondent. There lea
want of evidence as to the period at which Mr. Benuchamp
consented to the advance. Then, seeing that the pleintifilk
have not sustained their right to sue, there being no cootract
binding on Mrs. Whitton the right to sue is disposed of, and
that also tends to dispose of the question of her li. May. On
the instrument Oar is no liability in her. If that is put
forth as a legs. contract, it is not supported. Then is it
binding as an agreement, and, as ruck is it to he enforced is
equity i No equity does arise on the instrument against
Itra Whitton. His lordship, alter noting the et.° of
"Crosby v. Middletan " (reported in preeedeore in
Chancery), on which the appellants relied, said tie result
ef the view he teok of all the cineumeraneeo was f t I•tnt,r4t.
airs. Whitton from payment of the 10,000/., nn 1, to. re tore,
he affirmed the 'Rene and dismissed the appeal w:th tust,