The British Press; or, Morning Literary Advertiser.
London, England, 1822-07-12 00:00:00

f. I'

v

i4l

F

COM PA N Y.

~:L

such another op iortunity of aggrandizing Eng-
lend will not occur. In the position of effigies,
nothing could have been refused to you, . Bet
now 'Ariel; oath romantic and unparalleled suc-
cesses:carter having been favoured by God and by
art-uterus, in the manner you have been ; after
.etietriingrimpossibilities--1 may say, effecting whst
the ;unit isognine mind could never have enter.
:taintvd•thertnest distant idea of, what has England
reined ?...the cordons of the Allied Sovereigns fur
Lord CAlereagli !'
44 When,' continued Napoleon', a nation has
• been favoured so much as yours has been, and
that misery exists in that nation, it most be owing
so the imbecility of the Miuistera. The transition
from war to peace cannot explain it. It is of too
long a continuance. Had I been the English Mi-
nister, or had the Minister been possessed of com-
mon sense. and not blinded by vanity, or one who
would not have allowed himself to be doped by
the attentions of Kings sod Emperors, you would
have been rich, the seas covered with • your ships,
and your munufacturers would have been-wealthy
and flourishing. Lord Castlereagh will be an ob-
ject of reprehension for the nat• and for pos-
trrity'."
• This stooversatioa was communicated by one, is 11117,
to official permute.

INTF.LLIGENCE.

COURT OF ZING'S BENCH, GUILDHALL, LONDON,
TUURIDAT, JULY 11.

Deft" Mt LORD CIUEV JUSTICI Ind el Special Jury. . •

COST e. WILLA',
This was an action to recover coutpeasatiou tt
damages for slanderous words.
,The SOLICITOR-GENERAL stote4,ose plaintiff's
.mise to the Jury. The Defendant inekthe proprie-
tor of the well-known Inn, the Kull-aud-Mositb, isi
Hull-and-Mouth-street ; the Plaintiff was young
nian of very good family end conneziorro, and of
aniuspeachable character, who had been.in the Dc-
festrinor's employ as clerk and book-keeper. The
.words of which he had to complain were used by
tiro Defendant to the Plaintiff in the hearing of se-
veral persons in his office ; they were these: —" You
have cheated me; you have robbed toe of consider-
able sums of money, which you hove not avowed
fur," &c. &c. The object of the Plaintiff. was Dot
danfages, but to vindicate his character, which had
been much injured by the unjust aspersions of the
.Defendant, inasmuch as be had foiled in procuring
a lucrative employment in consequence.
The Learned Counsel then called Mr. French,
the principal clerk of the Defendant, who proved
the words as laid in the declaration.
On his cross-examination by Mr. SCARLITT. he
said the Defeodaut was en old man, who had been
in the habitual use of coarse language when he was
at all irritated, to every person in his service. Fir
was often himself the object of his abuse. The
Defendant's memory had recently began to fail
fain, and he bad been attended by Drs. !Lillie and
Willis. The witness entertained the highest opi-
nion of the Plaintiff's character and conduct.
Mr. Scaetterr, for the Defendant, was ready so
it bait that there,was uo ground for the imputation
on the Plaintig, which had originated in misappre-
hension.

The Leto Cam JUSTICE suggested that •
/nor should be withdrawn.
Aker some discussion between the Counsel, the
Suggestion of his Lordship was complied with ; it
being understood that the Defendant was to pay
tlfr costs of the action, and disclaim the slander.

WEDNESDAY. JULY 10.
GOWER AND ANOTHER N. THE LONDON ASSURANCE

This was an action as for a total loss, en a policy
of insurance effected on La IPPrle, Saler, mas-
ter, 'from tilarseiles to Valentin,' Which was refused
to be paid by the ou4eTiariters, Nader the hollowing
circarnotancest•i--"
Mr. Scattutrri Tie the Plaintiffs. stated. that a
Swinish gentleman, named Carserrez, MIMI% at
iPwis in the year 1816, desired to send a bet era.
luable jewels, which had belonged to his late wife,
for sole at Madrid, for which purpose he intrusted
them to a friend of his, named Frgaros, who was
going to Marseilles, who shipped them on board
L'a Perle, a small vessel of about eight inns, called
• felucca or baloncelles, and sent instructions to his
agents in this country (the Plaintiffs in this cause)
to insure for 2.8001. The letter of instruction was
submitted to the Plaintiffs at the time the insurance
was effected, and the description of the vessel was
4. Le Navire Espignol La Perle." The vessel proceed-
ed from Marseilles in October, 1816, aud, after
asiling two or three leagues, was driven back by
bad weather, but in vain endeavoured to get into
ti:e harbour of Bache, and was obliged to cast an-
chor within a short distance of the land, and from
the violence of the sea breaking over the vessel,
and to save their own lives, the Captain and crew
took to their boat and got ashore. The night
being rainy, they took shelter in a cavern, and
looked out occasionally to see after the vessel which
rode out the storm till about two o'clock, alien she
disappeared; and in the morning nothing but the
mast-head was visible. Endeavours were made to
weigh the vessel, or recover part cf the cargo, but
they were ineffectual. The evidence, both oral sod
documentary, would prove the facts which he had
stated, when he should be eotitled to the verdict of
the jury.

The depositions of the Captain, Mate, Mr. Figa-
ro., end the French Curtom.house officer, were then
read. The two lutter spoke to having seen the box
containing the jewels, but whether they were rest
jewels or not they could not say. The Captain and
Male testified that the box was in the hold of the
vessel (where it was originally placed) when they
quitted the ship.
The Sommott-Gtxxsat., for the Defendants,
pressed on the Jury the unsatisfactory nature of the
evidence produced as to the existence of the article
insured. No testimony had been given to shew
that M. Carserree eve► had a wife who possessed soy
jewels, nor of soy person at Madrid who was to re-
ceive Owen; and this was the more incumbent on
the Plaintas to do, as the suspicion on this head,
entertained by the underwriters, were well koowo
to all the parties. Looking at this and all the other
circumstance*. it would be for the Jory to say
whether the whole was oat • cont►ivence to get a
Isrge sops of moue, oat of the pocket* of the en.

derwriters. The jewels are sent limo Paris, a goo
!Dirket for articles, to Spain, which was • bad out,
and sent by sea also in a small vessel of little value
about one-thud the size of a Gravesend bust, and
with a Spanish captain and crew. The description
also of that vessel W4S not given to the underwriters,
or they would not have taken the risk at any pre-
mium. The Learned Counsel then called the at-
tention or the Jury to the different statements. made
by the Captain and mate, in the protest *lnch
they signed, soon after the accident, and their
subsequent depositions. In the one they stated
that the ship made nu water, and that the cargo
cnosisting of a quantity of sulphuric acid, some boxes
of mereery, and this box of jewels, were all in the
hold when they quitted the ship; and that the ship
sunk at ten o'clock. In the other they stated, that
the whip made a great deal of water ; that they
brought the cases of mercury on deck ; and finally,
after they quitted the *hip, they did not lose sight
of her till two o'clock in the morning. From all
these circumstances together, he thought the Jury
would find no difficulty in giving a verdict for his
client.

The depositions of the persons employed to dive
into the body of the vessel and other persons assist-
ing, was then read. They stated, that on rndea-
veuring to get the vessel up. the deck came off,
end then the d►ver went down and searched into
every part of the verse!, but found no part of the
.cergo in her, no► was there any appearance of it
about where she lay.
Mr. ScoutLETT replied at great length, and with
his usual ingenuity. He had put in the letter of
the Defendant's Solicitors, dated in 1017, in which
they state the intention of the Defenitaiiis to resist
the payment of the loss, principally on the ground
of the i►►suf6ciency of the vessel. After this he
said it was a little too meth for his Learned Friend
to expect that his client should go to the ex-
pense of a Commission in Spain •nd France to
prove that he had such-jewels as he now claimed
for. He ridiculed the idea of a conspiracy, in which
the witness Figitroa, according to his Learned
Friend's hypothesis, wits a party, and yet he would
not swear to the jewels being real : surely he was a
fraudulent contriver with a very tender conscience
to stick at that. He equally acquitted the Captain
and crew of any barratry (though that was not •
question here), and if he were obliged he should
say that it was at' least as likely that the French
custom-house officers, or the divers who lived on
the coast, hail mode prize of the cargo, as the Cap-
tain and crew of flits vessel.

The LORD Cum Jnirnet left the case on the
evidence to the Jurr, 'res one peculiarly proper fo►
them to ezerciae'thelr awn judgment and discretion
•
opes.
The Jury refired for some hour., and on their
return found a verdict for the Defendants, on the
ground of barratry having been committed.
The Jury were locked up from i 0 minutes to
four until half-past Sae o'clock.