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London, England, 1824-04-24 00:00:00

Bayne wee a quiet man, but not remarkably quiet; never knew hint
go eight wee►s and not speak to Mrs. Bayne, or even a day ; never
saw Mrs. Bayne in hysterics.
Mary llolhind went to live house-maid at Mr. Bayne s. when
Norton let ; went up one evening unexpectedly to her mistress's
dressing-room; Mix. Bayne was apparently behind the door, and
seemed much confused ; upon which witness went into her master's
room ; soon after Mrs. Bayne went down stairs, and almost imme-
diately witness saw Mr. Mason come as if from the garret stairs;
the bed in the dressing-room was much tumbled! Mason slept in
one of the garrets; on another occasion witness saw Mrs. Bayne,
early in the morning on the top of the stairs near the door of Mr.
Mason's room ; and on another occasion witness was sitting at work
lone morning, nbnut seven o'clock, in her own room, which

John Ellis rat prer-it 'Art the reeerirstee of bell was
The consent was written, and I now produce it.
Daniel lay—l ant a clerk in the office of Mr. Horsby s sod
the declaration produced to me is that which was served is the
cause of Macintvsh v. ltarenga. I have ollice copies of the rake
for time to declare ; there are two of them ; there is a peremptory
rule. The declaration stated that thc action mgaisst Mr. Ravesgs
was for goods sold and delivered. The costs weer tatted ; they
were paid by Mr. Macintosh.
Mr. Oliverson—l am the attoriev for plaintifr in this awe.
I know Mr. Ilornby, the wto my of Mr. Macintosh. The letter
now produced to n! I b,lieve to be h hit hind-writing; It is
doted the 31 314rch, ar,d e.ills open 'lr. ILiverga to •sitisfy Mr.
Maeintesit fur the amour.t of goods
.forrislo.4 to the Colombia's

diately joined Mr. 31non's; she heard her mistress' dreseingaexun !Government, through the agency cf Mr. Mord, a In coneequence
door open, and the stairs creaking as if some person came up. Soon el that letter, 1 waited on %Ir. Iltieeby, and asked to see the do-
after witness heard two persona in 31r. mason's room, and presently contents upon weich it was 'mime ed :he hatelity of Mr. Rt -envie
a noise arising from the bed ; afterwards witness heard Mr. Alison , was grounded. I ateed tit these i seder to .-:hove Mr. Ravens
walking about the room, making a noise with the chairs, as it to from personal Oconee:tit:nee, by feeling bail in case Horeby pro.
drown the noise of any one going down stairs. I carded. I could not fii d ball ; 31r. llotnby sheaved me no doeu-
l'he ATTORN EY./i EN EILAL addressed the Jury on behalf of went., but sail he would it qtdre of 3lr. Macintosh. He said be
the defendant. aid in doing so commented on the evidence which thought Mr. Inverpt had these document', on which I saw Mr.
the plaintif had called. Ile come.- ded that no evidence had been Revenge, and sanefied tLyetlf no far as I could that he had
called to show the terms on which Ale. and Mrs. Beyer lived, ex- i not. Upon that I wrote to Mr. Ifortby a letter, dated the thh of
cep, that of Mrs. %Villiame, of whim, the Jury would judge from 3larch, stating what I had learned, namely, that 3lr. Ravenga
her own account of herself. lie next eontenifed, that here eras no lied no copies of the contract entered it:to by 3lr. Mender-that
Mr. P.avenant had no authority to retify the debenture-a-that the
proof of seduction on the part of Mr. 3lieson ; but on the contra-
ry, that Mr. M., only 30years of it;e, was seduced by Mr. Bayne, I prices were disapproval of by the Government of Colombia, and
. who was at least two or three and forty. Let the Jury look to the that it was against her Constitution to ratify such debentures, with-
: character and situation of Mrs. Williams ; yet Mrs. 11 alien's was I out previously submitting them to a committee of the Congrets.
but in the mutt 3lr. Raven
Iy
, the person whom Mr. Baynes had selected as the mile guardian and ; that 'anat. received an answer;
' protector of his wife, and it' he had chosen to adopt /hi* course, was arrested. I believe 3lr. R. arrived in this countr about I'
Coon-examined-31r. Revenge heroin stated to me what -
what right had he now to come into a court of justice to ask for da. I hoary last year. I believe he never vas in England before.
Images tor the inraeion of rights which he
shad taken so little trouble
,to guard ; next, as to the proceedings Gravesend :if the evict ' ciations he hod had with the defendant in Paris, although, front
to sleep Mr. Zea, Mr. 31endee, and Mr. Macintosh ; but plot with Mr.
' deuce was to be believed, it was not Mr. Mason who had arranged other *comes. I know negotiations did take plant there betweei
the plan there; on the contrary, lie (31r. Mason) was going
at the inn till Mrs, Baynes herself seemed to have made arrange. ltavenga,
ments fie his sleeping in the house-and this being settled, she, in 1 'rite A TTOA NV/4;ES E VAL then addressed the Jury for the
the middle of the night, goes to his rant' and asks him to give her defendant, whom lie described as a respectable man, who had bases
i• share of his bed. %Vhat (said the Attorney-General), what. gen_ I mainly instrumental in enabling the Colombian Government to mi-
tlemen, was Mr. Mason to do in such a case ?(A laugh.) l% 33 ;son their freedom, while their agent now conptosecuting him for
•he to push her out and shut the door swains' her Was not this damages. The real facts of the case lay in a very narrow compete.
a fine 110- Mr. Mendes some years ago came to this country as the accredited
young man of 30, in the prime of life, thus assailed by
I man of forty, in the middle of the night, to act thus ? They were ! agent of the Venendean llovemment, with full powers to obtain
now in a Court of Justice, and treating the case ceriously and I supplies tin the best tenns he could. Subsequently, New
gravely ; but what would be the opinion of the world of a young Grenada was added to Venezuela. and these provinces wars now
man who could have resisted under such circumstances ? Why, united under the Government e f Colombia. Front that Govern-
he would have been painted in pictures. and exposed and laughed ment Mr. Zea was sent over here; and be approved of thecontraet
at by every one. He must confess he could not look at all the sir- • entered into by Mr. 31endes, sith ewe only exception, name) ei
cutostancen of the case without doubt and suspicion, especially I that he did not wish, while endeavouring to negotiate a loan, to
I when he looked at the conduct of Mrs. Williams; this squeamish • give debentures to Mr. Macintosh. That gentleman gave up hie
lady, who, although she was so much shocked she could not cm- goods to a large amount ; they were used by the Colombian
! seat to breakfast with Mr. 31., could afterwards consent to remain (iovemment, and it would be unfair if he were rot to be rein-
:on terms of inimacy as formerly, from November to 31arch ; next, buried for them. Time went on ; negotiation after negiciation
las to the evidence of the servants, it was incredible that Mrs. Rayne, I took plate, and at last Mr. Revenge arrived in this country. To
lif she had acted as was represented-if she had thus placed herself him 'Mr. Macintosh applied for some settlement or security,
in the power of the servants-should afterwards have acted so ' neither of which were granted, and alter ei„,,,,,Ling the best leg.;
I prudently as to turn then' away for the value of a few spoonfuls of advice, he arrested Mr. Revenge. Ile did not bellow up that ac-
tea. linder all the circumstances. and looking at the case in any tion, because pending it commissions had arrived from Colombia,
way they could, he contended diii was note case in which the Jury promising to settle every claim upon their Government, with a view
would give heavy damages. to obtain the recognition of their independence by this Government,
His Lon D3lll r summed tip, and observed shortly upon the evi- in which, as yet, at all events, they had not succeeded. The pre-
dence, which, he said, left little room to doubt of the adulter : as sent Solicitor-General, and Mr. le ills, of the Chancery Bar, rave
y
to damages, that was a question for the Jury, who would give it as their opinion that the Colombian Government were liable for
such teniperate and moderate compensation as the justice of theme the contract entered into by Mendez; end for himself he must
required. say, that while the Government of Colombia was not recognised by
The Jury found a verdict for the plaintiff. that of England, he could only consider the members of that of
Darnatette, 1001.-Costs, eon. Colombia as a set of merchants, making a contract by their agent
COLOMBIAN 31IXISTER. here, for which every one of them was persobally responsible. No
JOSE RAPHAEL RAVENGA V. JAMES MACINTOSH. malice was imputable to the defendant, who only did what be
This was an action brought by the plaintiff, the Colombian ass advised to do. for the recovery of his property.
Minister, resident in London, against the defendant, an army as Luis Lope: Mendez, examined by the Com MON S
coutrement maker, for falsely and maliciously arresting him in the (through an mterpreter).-I was living in this country in 1817, and,
month of March last. made many contracts on behalf of the Government in that year.
Mr. CAMPBELL opened the pleadings; and The Government was then of Colombia, but subsequently more
Mr. Sewn LLTT stated the case to the Jury. Mr. Revenge, the extensive. I have a letter from Mr. Revenge, dated February 3,
plaintiff in this case, arrived in England for the first time, in the 1320. The signature is his. (This letter was produced; sDi.IS
month of Feb: nary last year, with credentials from the Govern. stated in effect that the engagements so entered into should eon-.
ment of Colombia, and in the hope that its independence would be sidereal as the debt of the Colombian nation, and not these of the
acknowledged by our Government. That acknowledgment, it was individual Minister at the head of the department foe which sap-
true, had not yet taken place, owing to the policy of this country's plies may have been contracted for. It further went on to sate, that
er Govnment; but Mr. Revenge was received with that respect and the union of these States would render their general credit
attention to which his merits, as an individual, and his mission, as and procure supplies on more reasonable terms.) This letter was
the agent of a country wishing to be free, fully entitled him. Of signed by .lone It. Revenge, as Minister of State and for Fortiori
what passed since, on the subject of Smith American affairs, the Relations. His difficulties arose from the contract he made wub
Jury were, no doubt, in full possession. Mr. Revenge complained Mr. Duncan Campbell, who arrested him ow finding no sea/plea
of an abuse of the hoe, committed in his person, an abuse, for coming from the Colombian Government. I have a letter ?um
which ho (Mr. Starlet) felt both sympathy and shame. The Mr. Revenge, dated the 24th October, in the same year. 18214
law of this country was generally looked up to and respected (This was produced and read.) In consequence of these letters
'by foreigners; and, while he sympathised with Mr. Revenge, entered into contracts fur the Government of Colombia with Mr.
he felt shame and indignation at its gross abuse on the part of the Macintosh of London, to procure arms and ether military MIMS
defendant. For his own part, if he were to express lies feelings, he necessary for the prosecution of the war against the moldier' of the
MUM say, that be thought much of our glory, and much of our mother country. (The contract was then read, and specified the
high distinction, arose trout, the hospitality chief, we afihrtled articles to be supplied bad the prices to be paid for them.) The
foreigners, who find our hands as open to protect as our shores contract amounted to above 120,0001. The credit of the Republic
were ready to admit thent. It was not a little of Er. ,land's vas subsequently very high ; the rate of interest on the bonds bowel
glory that she should be considered the harbour of the &strews. by Zea was 10 per cent. There was a discussion on the subject O.
ad, and the hospitable asylum of persecuted foreigners. When this rate between witness and Mr. Zee, which was renewed at Paris
natiors struggling for liberty looked to Great Britain as an about October. 1821. Respecting the dcheinteref Mr. Zee wisuel
ally, although they were not now recognised, the time must that Revenge should specially authorize hint (Mr. Zee) to approve
ensue when that national feeling which free men have for of the contracts and the debentures. No agreement took piece
free teen in other states can no longer be suppressed ; when between them an the subject. They settled nothing in this
nations, struggling for new-born liberty, courted the alliance of presence of Mr. Revenge. Witness afterwares gave debentures
Great Britain, we should not safer their sons, on visiting our to induce Mr. 31aelnionh to send out the accoutrements, when
shores, to have our laws violated in their persons. Mr. Mite. many of the things were shipped in January, 11122. This was after
intosh, the present defendant, was one of those persons who i had seen those persons at Paris. Several discussions took place
supplied resources to the Colombian Government ter carrying on in the presence of 31r. Revenge; but they always came to nothing.
that war, which ended in the achievement of their liberty. Mr. ltavenga arrived here in January, 182 J, and before that time
Mr. Macintosh entered into a contract with a Mn. 31enclex, cur be heard of no objection to his (witnese'e)cootract wi:h Mr. Macin-
which he sought to make Mr. Revenge accountable, and that in a tosh. The objection of Revenge was as to the price, which he
manner little creditable to him ; because Mr. Revenge could by no wished to be lowered. %Fitness superintended the shipment of the
possibility have been a party to that contract. Goods were pug_ goods ; Ile inspected ell himself. before they were pot on board.
chased by Mendez, at prices to which no proper agent would agree, No proposal for the payment of these %Kids was made at Paris, but
and which no honest (iovernment ci old sanction. On Mr. Revenge's a wish to subs titnte the name of Zea for that of witness in the con-
arrival in this country, in 18.' 1, application was made to hint for tract, and everything incident upon it. In 11110, witness came over
the payment of articles which the defendant had consigned to the here with General Bolivar, as the Representatives of Venezuela,
care of his own supercargo, and yet the defendant wished Mr. Ha- and his powers were since enlarged. (The written powers, ap-
em),n' to ratify a contract entered into by Mendez, at a rate pointing Mr. Mendezas Minister Plenipotentiary, were then put in
of ILL per man, whereas, in fact, the real value of the articles and road.) His powers, however, were revoked after the lemon of
was not, at the highest, more than 81. es. Mr. Ravengs refused to Venezuela and New Grenada.
ratify such a contract ; and he assigned, amongst other reasons for Cross-examined by Mr. 6CAR LET wish to examine you
not doing so, that his authority did not allow hits-that the prices myself, without the aid of an interpreter.
charged were enormous-and that, without the consent of a Con. %Vitnme.-I wish to have an interpreter.
mittee of the Congress, no contract could be ratified • that Mr. Now upon your oath do you mean to say you don't know what 1
Macintosh had his own agent in South America, andeould con. ask you ?-I know very little English-a word here and there. I
sequently do as he pleased with his property. The defendant, how. sent a person with the gnosis shipped ; I do not recollect who re-
ever, was not satisfied with these reasons, he pressed his appli- commended him. A supercargo was necessary, because the
cations, and brought about with him an ambulatory barrister belonged to the Goveniment. len not know that it was rejected
to enforce Mr. Revenge with a greater degree of authority, that the 1 had no correspondence with the supercargo ; Mr. 3lacintosh never
Colombian Government was bound to ratify the contract of Mendez, threatened to arrest me. I did say I would not come from Pans
and that Mr. Revenge, u their agent was personally liable to him unless 1 had a release, which I received in October or November,
for its amount. Mr. Revenge was 'however stedtast to his duty, ; that was before I give the debentures. Commissionna
and said he would not give his sanction to an improvident contract, came from the Colombian Iltivcremert at several different tiona.
which was not even ratified by Mr. Zea. Mr. Macintosh, thus 1 know nothing of the tine when the last nrrived. This year no
finding Mr. Revenge immoveable, now bethought him of a most other Commissioners arrived Me these Menet the new Loan. St'hen
singular mode of proceeding. Mr. Revenge was but a stranger in the debentures were given to 31:teintneh, there was nothing in them
this country; he was not recognised as an Ambassador, which denying personal responnilEity. These debentures were issued
would privilege him from arrest; and Mr. 31seintosh caused a by me.
letter to be written to hint, which opened the secret of all the sub. Re-examined-Ilurtado I consider to be a Minister Plenipoten-
aequene proceedings-proceedings which were unjustifiable, I
severe, tiary.
oppressive-nay, proceedings more atrocious than were ever before Re-crousexamined--The real value of the accoutrements is about
practised under the laws of England. (Here the Learned Gentle. 81. per man, because several things were added. The value of the
man read the letter of Mr. 31acintosh's attorney, dated 311aren 3, borde was from 171. to 2;1. when the things were had from Mr.
to Mr. Revenge.) The letter commenced by ref rang to the con- Macintosh. Recent:a told hint that he was at Carthagena when
tract entered into by Mendez with defendant in 1821. It next stated, these arms arrived there. The Government at Colombia and the
that according to the laws of England Mr. Revenge was bound to supercargo did not appoint a person to value these arms. I know
fulfil its terms, and concluded by saying, that if arrant cinents were nothing of the subject ; the Govemteeat communicated nothing to
not made either to pay or secure to 3lr. 31acineeh the ea) mere of ! ire.
ninety thousand pounds, immediate proceeding% would be in-1 Mr. Flornby examined -I am the attorney of Mr. Macintosh,
stituted against Mr. Revenge. This letter deadeye(' clearly the and before the arrest of 31r. Revenge. 1 Mut the opinions of the pre-
motives and objects of the defendant. who cab:tamed that the fear sent Solicitor General and 31r. of the ( hancery bar. No
of public exposure. and the terrors of a prison, would induct. the paper or information was aithhclel from these gentlemen. (Cases
plaintiff to ratify the debenture.* which defendant had taken from were produced, and it appeared that that submitted was. If the
31r. Mendez. here that malice was visible with which this action contract of 1821 were bindirg on. and ought to be pertiirmed by, the
charged the defendant. If the ('olombien Government were Setae Government? and that the opinion of Connect was, that h was
to pay this pretended debt, why look to the individual Mr. Its- l'inding and conclusive on thon.) After that, and upon the arrival
venga ? flowerer, after :his letter, Mr. Revenge stated his rensonsl of Mr. Revenge, I trek the opinion of Mr. 'Cohen Cepi: arse a. to
for not complying with the unfair and 'torturer terrine of 31r.1 the arrest of Mr. Revenge. The 531710 query ts in the former case,
Slacintesh. But 31acintosh was not satisfied, and signified to him q and an agreement with the other learned Course! as to the liability
that he had himself these documents.which he nought front 31r.: of the Government relative to the contract with Mr. Macintosh-
Macintosh. A considerable correspondence then ensued, and on The next query applied to the propriety of arrnting 31r. Revenge,
the 20th March Mr. Revenge was arrested, on the affidavit yr to which the opinion is in the affirmative, the Leernedeointscicou-
31acintodi, for goods sold and delivered to him to the amount of sidering Mr. It. only as one of a body of merchants, the Colombian
ninety thousand 'sounds. How, thought the defendant, could a fo- Government., tit' which he formed a part, not being recognised by
feigner find bail for such a sum and not finding bail, my elcbcn- the British Government. Mr. Fspir.aemc's opinion is elated the 2estit
turn will be ratified ? But the overreaching failed, and Mr. Feb. 1823. The geetlentan he whom it was given is considered a
Revenge quietly went to the lockom-house, from whence he was very eminent man. 3lr. 31a:intosh saw those opinions. Mr. R.
removed by hdieus to the King's !tench prison, where he Was EM,irS.:4!,e is not a Barrister. 1 got opinioes from Barristers. but
confined till the 17th of the following May. Mr. Revenge urged not till deer that. I consul:eel Mr. lesnineese, and might erste to
hasty proceedings to bring the question to an issue, het the de- , him that if Revenge were arrested be wonld Kan etioa the debene
fendant took no step. Mr. Itavenga received certain visits in pri- tures. I have one of these ii benni-es Ce ere
son to induce his compliance with Macintosh's Triplet, but all : The A ler 011 N ai- z.-alittt is tiev case.
vain. Repeated applications were made tai the defendant to declare 31r. SCAR LETT. in rt ph: roe:ended, tint Mr. 31aelettede neck
in the act , and at was not till the ensuing Michaelniae Tent:, those detenturea, %Inch t yene-ated all persists connected with t!.c
that 3l r. ltavenga himself' took out a peremptot y role to declare; , Colombian I;o:eminent. This debt:inure wa. not produced, thour;St
he declared accordingly ; and what would the Jury think next fol. called for IA his Leritsl•lt and by alai denied by the die.
lowed? Thy, that 31r. 3ecintosh, after such delay caused by' cretins of Like Cennol ,r 11,e detendant. Front th it refusal the
himself, took out a rule to discontinue the ItriWeettil.g%, and paid Jury could only inter. the: ,1 it w re 'Pratt, it woo's' cempletely
the coma. For thin arrest the present action Was brim ,ht, aril the clear every individual c toed wi:lt the I:of-eminent of l'olontbia.
Learned Cour.sel, in conclusion, strongly contended that there was 3lr. Macintoelt was t ;;oiler of the malice he attributed to
malice to justify this action ; and, at all events, that there was 111111; foe the union cf eczetela aril New Grenada altered the
such a want of fairness and probuele cause, as that the Jury must powers ;;icon to 31enele: : they were oely granted by a Provielorea
in law infer that degree of malice, which was enough to maintain Gov ermoce.i. elect' ceaseL Os loinMins as soen es the (letter:!
this action. Mr. Revenge was besides a foreigner, and it was the teorgreee had ensembles!. Mender was no general veto, and had
duty of the Jury to protect him from such a violation of all law. no right to make a cent:or( at de: Ili, iu price he did. If Mr. Ra-
Thomas Cooper examir.ed by 31r. l'amplall-1 belong to the yenya had even been r. !reign merchant. and Macintosh. as his
Bill of 3liddlesex ( Office, and produce the affidavit of debt in ageet, had sent him out gouda a: the unfair rricoi he had charged,
Macintosh e. Revenge. I:avcoge would rot lie Kabala. It was said by the Learned Attorney-
Mr. Estee deposed to the hand-writing of Mr. 3laeintosh to the Getteral, that all the perseee geverning in a :etre rot recognized
affidavit. an a State in this country, centriet•ng welt nor nierchants here far
Joseph Wright produced the bill of 3lidelletex from the Slicrifi's supplies, would be carts personally liable; bat with snch an opi-
Office, against Jose Raphael Revenge, fur 00,0001. nion he could not coirente. Aceerifing to 31r. Attorney-General_
the whole nation at Colombia, tec millions composing it, resold
'Wm. Radford, the Sherifi's officer, arrested Mr. R..- vt•rqra about
the 20th March hot. Ile was at his Louse. No. 24. %Velheck. be all liable. How sheer! ! Every day there were new loans
street, when I took him into enstody. carriedhi„ „0 44, carry. raised in this country, a, el time persen.ine.rnaii,eing eiheted chew their
rowers.: hut those who a re money 34. net •. y RENA.
tercet. He remained there three or tour days, from whence he was
their risk. and were theelty prcetuded from too • mg. to the re-
removed to the King', Bench
',tenni:fatty of individuals. Tee st lode object of the defendant wt.*
Ambrose Parish, front the King's Bench Office, proved that Mr. to procure the 'unction ef the debentures, and for that reason he
Revenge was committed to due King's Bench
brought up by loshros) on tee 24th 'March. Mr. Ravenna temaiectl
ttwtrg imprisoned Mr. Revenge. The defendant had a nuieve to
gain Mr. Revenge's na•ue to those debenture, which. timers
in confinement till the 17th of the following May. The, witness also
motions! the order of 31r. I;m:thy to discharge 317. Ravcege. cellrel for on all sides, were cut rrodured. Mr. Macintich
feted iv securing his very improver objeet ; but he still con-
The buil price, on which the eds, herge was founded, was also tined Mr. BlVel.g3. It that gentleman were leeally liable to
put in, and read. the de'o: of the detonlaat, is by was the action agamst him taboo-