The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-23 00:00:00

MRS. AIRTIN'S CONCERT.

TMs Lady gave a m .st delightful Concert at her
kons: in Albemarle-street, on Friday evening list.
p incipal pet forrneis Were, Mrs BILL INGTON;
W. and Mrs VsyLicHsr it., Messrs. ASISE; LINLEV,
and Kr.LLY j Mrs. BLit ts cruet sung several Italian
and Ettglis!, rite its her very host style, accompany-
herselt on th•• Forte Pi. 111,), alri some charming
sl: is sV;T.f. Mr. ACSTIN ; Mr. WLICISsEL wr, also
estrenily :!.;.tpy in the e:recution of several songs
I. was ronsideted one of the most delightful mu.
stral tr,•.it, of the season. In this elegAnt party
wfte, ViscGunt and Viscountess CH ItI.LVI t.t.e, Sir
(4„,0a.4u.,1 Lady Suet; Lqzjor Dosit.i.:, and Capt.
e.tssavds,

LINES ON DOCTOR .I.NNER.

DOCTOR. THE.MMEN, A DUTCH PHYSICIAN.

CV 19114 at Aplogiunt et lucid/. Sidera, ptadit
Cum ',Aar. va..t.b Sot, nriente die.
S.c evanevul,t melicorum invent* tutorial,
t-urn no,a J . t naseitur arte aa:us.

TIANSLATION BY J. 1111110, ESQ.

Jtaitie bright atart and Cynthia fade away
ti.we the glair§ of the dawniqg day,
X ) the fair fame of each ioreotion diet,
Wh•:n the new son of !moiler gilds the allies.

The rntiety or fifieton continues to derive addi-
tienal vigour frowl the multiplicity of its daily ar-
rivals. Lord WIINTwORTII, Sir N. Darer, Lady
MONT Acre, Sir Ess. X EDOLWOIT“, Sir Jenne and
Lady LAM!, and very many others of rank. Are in
the host list. The Pelmet returns to the Pavilion on
Saturday.
It is said the Marchicness of Dowusutar. is gone
to Leland.
he Leeds Theatre closed on Friday last, for the
season.
The Eel of A neeotte, Sir HA tor Flay MAC
DtArtt, Colonel Ricer. General Mosel"! Err and
Lady, left Edinburgh tact week for London.
Thle Earl and Calmest of Prat it tt.F.V aie expected
:7 Brighten, as soon as her Ladyship recovers from
her arcoeselmmea.
At the Earl of RA ItIITMOII es. on Saturday, was
married the Duc de CArretts, to the beautiful and
ainiable Miss COOl4 LAN, sister to the Countess of
Aeav woe e. The Bride And Bridegroom instant-
-1 • left town for his Grace's villa at (Wickersham.
As ACREOX MOJAL left town yesterday for Tun-
!ridge Wens.
The Right Hon. the Earl of Ca Awrtren set out
on Friday from kalinburgh, for Crawfunl
On Saturday, the Right Rev. the Lord Bishop of
SA lamer unwed at the Episcopal Palace in the
Close of Salii.lmry, in peifea health, from Bath.
General Wn it etocct, Commander-ineChiei in
the isle of Vs'ight, has taken the late Mr. Nese!.
Louse at Cinves, fOr-Eis summer residence.
The Duke of SIDXO/11), and Sir. Hatay s-
eautsrotteotAuos, arrived at Portsmouth on Fri-
dy, and viewed the dock-yard. in company with
Coinnessioner Sir C. SAXTON, Bart.
Edinburgh Races commence on the 9th instant.
The Stewards are,. Sir Junta Howe MAXWELL,
Bart. Sir Haw HAMILTON DA INT rT. Bart.
J. A. Tilos' now, Esq. of Charlton.
The house lately occupied by Vail Levees r ea,
was sold yesterda7 at GARNAWAY'S, for 15.000
guineas, to Mt. Core. The house adjoining, in
...berth Audley-street, was sold at the same time, for
4,100 guineas, to Mr. limes, of George-street,
ltaeorenspare.
The German 'Theatre was foil last eight ; the
txo Pteces were received wt. b the luuaest plaudits;
FRi Oleic SCH iIOMER, in The Ohi Maw, and The
D-qediateti, convulsed the house with laughter; there
were a number of Foreigners of distinaion there.
beret Be/teal Pheninettitox performed the parts
o: /be Widow bbeerly and Fribble :at the Dublin
Theatre, on IVedaeklay : and last night was to be
her benefit, and the last night of her perform ince.
Het rneageracnts in this country commence early in
Augae:.
The Haymarket Theatre was fashionably attend-
ed lest night, to we the performances of Scud the
"%VC and Pe Irllwee Letrwr. The audience
OiNned to keel the omphotirel eh eke of the hand, EL-
. roe, in Krieg ifolde, gave Mr. MA TIIEWL,
II id rewarded their coeireiite with a peal of applause.
Lady L•I4IIEXT. and Lady J. Asiroe, graced a
aisle box.
The Roy A t. CI ecuchaseerteinly met with thehigh-
estdeeree of patronage from thepublic thisseason,for
wbirb the great variety and excellence of the Pieces,
and their quick succession, sufficiently account. This
eh inge of amusement that Theatre seems deter ruined
to persevere in ; and while besides the universally
admired /10:oemanship of MAKZEN, Tar "meth If
jame'" 'Wit"' 13'34 draws with unabated attraainr,
Inu.ien, is in the highest estimation, and especially
with the first classes, who, every evt,ing, fill she
Boxes, to view its reptesentatiQn ; and Tsar 3/12e/Teie
with the Oaten of Belli:ISLIP X, raises incessaLt laugh.
ter t the last of these we understand will be con-
tinued tut a few days, longer, as a new Pantomime,
NMI a new Ballet Comic Dance will very shortly
mute their apaearance.

rt. Fir dr 4. S.

TO THE EDITOR OF Tilt' RRITISII BRESS.
SIR—I have been astorisilsed at ra dig a 'vita •in seVetal
of the Paper, re resterria-., relative to a
le,reati, which took place at the Ilan market Theatre nn
and r which h' wan a principal performer. Mr. Phnom nay. he
ws, riot knocked A iwn .4re ;iv Mr. Mathews, and a ',retire-a he
was ictioelted,lo,,n home; het what It implain of, Mr. PAitne,
ia, that thia..eli he has thought tt t r riceupy htlf a roloron of •
neysvaiier wan his lefty, he Ira. nut condescended to gereany
exolanation upon the mhjert to the noblic. That a warm OW-
catina did ark• behind the semen between him and Me Ma.
thew hr alinitt 'rha: he ru, ed mem the stair, as if [min a
wcufll',all the aithence can testify If he wan not knocked einem
by Mr. Mathews, are we to sti;irae that hr era; not kicked or
cuffed ? It in reported, that Met. Powe:l receiver' tw., br,,ek
eye, in endeavouring to part the combatants. I hone heard many
other rumour:, and wish only (or Mr Elliston's rake, arid the
credit of the Theatre, to knew eca'ily the tree caw. Sal,
I an the more 11111(1,M4 to know this, IP qUirlng I a.n
disgusted with that G .111181M111.1 affe.'.tetino, m idomtifving hit
Indrawn' with that r.l the andienot in the can., of tht new
Comedy. Can Mr. Minton Beget that, on the first exprewion
of dita;:prohattriti, liedid not, as he insinuates, yie:d hit bent"'
judgment to eannesed witn the Theatre, hot that he
AAA, without a moinntt's hesitating, arid with all the aptness
and dexter tv of an Olt Batley S rhritrw, put himself in oppnai-
twin to the &wit:nee ' Ile cant.,' aka target, that in thelieres
on Friday right, he half urinheathed hts sar.od, like another
Eldwer", and iitarled defiance into the teeth of a Gentleman, in
rule of the box-s, for daring to u.e the liberty of expreming his
oyintort ; a liberty always enjoyed, arid that, I hope, will never
he relinquished, by a British andieric,.
An AUDITOR and SPECTATOR.
• See oor lent page.

ATTACK UPON TIU. FRENCII FLOTILLA.

(Further l'articuiers.)
DOVER, it:I.Y '2l.
Since In) last 1 have Teamed thz foilo.eing particuliri of the
setioo, froin an Offie7r who w.is engaged 'l—The flotilla was
the long expTctort one nom Dunkirk ; the hrstdivision etesist-
ed of and eehnOnzrl, earryillg RI% long .to;.,,nuttthnu
each, a ,d three large ship-rigird praams, re y tarot flat,

with twelve Srs-poundert each, and chiefly taught by artil'ery •
men ; they kept up* well- dreaed fire, but the chief mischief
done to our ..ttisdron was by the batteries on shore, and the
nuiternns flying artillery on the sands; two schaniers and one.
large brig were driven on shore on the rocki under Cape Uri—
nes. Aid a br...7 and one rehnoner on shore net the r Airs ol St.
lohn's in the Sly. The enemy muit have todf..mrl sereteit
to nieh, as our shot reach shore, and te.eral of their eralt
were shot through and throuei Th. ictritcrtahte, Captain

Owen, hal two men killed and seven, an I two ere
since d to • folt and mien meet w ',Jaded. su.m eel and
°the:name ~ucheut ; the Arab lead tour killed mad thee!
wounded ; Hebe one killed, and mln tom ma•t wane lii ;
. . .

the ?lecher gun-brig :oat her 'Goat haw.pr t, sarre4l urn -r
reas,ll were aln t struck; the Vrblc.inu h ‘,l a large ./td brow -en
wind end water. tine schrtyt iv arrived here: ilia Y. in. g
John, et Aun,tcriam, .I.n Sole, M.in. dr, lad LI with fargot, and
name camp egrio:ta:4-; the eared of the other I 11.11,0 not r-t
tear td W • hay t. •ogr2t the to a Lieutenant Jamer Mar
nharl, uf th- Watehfut, A bee officer .he !actor's I...eund d.

'Soon consisted of about sixty ta, ; they
we t also .nll,l-111!)•,• •Onnt r ghty sa.l of lug- tinge, IC% out
or • -•- by Aortal :rum the Eastward.
o•ought heir 230 snit w re eogige•l, amt tho fire, which
was very trensend ,u,, rrl -11-,d for ab ~:f two .nitre in leng-a.
Fowl tbs noeher of cratt, wcoeh the coolly couhitue it -a II
ta . ta•uis, .re in,•13,11. that the grand nt-
teiwo a WO* trade fro.. that ; yet, slthoogh the er.em,
are in nuoteous, coo, will ant cringe out an I flee Jr,ho NuN
in deep water, hut onlg keep skulking along shove, an.lcr the
p:oteztiott of their numerous hatter.e. and muffin.
DEAL, JULY ti.
Shire my 14g: I ha.. •n id, *VW" posou•., .oiquay relatiwaba
cie wirer', of killed Awl woond-d goo bard •iur 1-whoa, in the
ate attack on the e..ents% flotilla, and I believe the foilueing
stsgement will Iv- found pretty ac-orate :
Truett tiO cow., 1 onratn w.itan•lerig—Linwoortality ftigete,
4 011anlInn1Ineff..1, R wounded ; Ariad e frigate, toga,
3 groglnd-d ; I.ieivensot Sheppard, R.:y 41 Marinti,dals:ernitsly
wamided in the higid.—Heh,•, frigate, I seaman woe ; Ca-
lyiso sloo7g, I seamen k-i -1, 6 wouoda 1; Captain Forster,
dangermegly me-model, 1 ?Melant slightly wound: L.-Li
Ploch• s flop, 3.seamgo wrialsillol-g-Ir,t, ditto, lseentsra Iritt•d,
6 wountlei-.-Speedy dlr.°, Y see:nel run.
Otte 5 seamen ••••011 I 41-3 rower rtitto, I sea:nett k.heel—
allOrkhtt ditto, 3 5,•403 .n counted J 4•4a1l d•tts, 0 seamen
Idowssded— Watchful ditto, Licut. M•nnl.4l kil led
Taaal—i Licuteaain Idled
I Captam, I Lieutenant, I L:itutonalit of Marines,
wound-d.
9 geumen killed.
69 dm • woUlofed.
White we have to regret site tow rd en many brie. men, still
the sport of ate n. 'as tors ••rbo, frincii of

dan^er, r.n their %hip./ In Choi.. to 111.. FrdArh henries as severe!
tins,. to ground; hat nothing quail Armp their atduar...aud
they cheered ~Mother as Owl. parted rn tuecetti in, 010,114 is
hot iii :ire as evor was witnessed. The slaughter of the enemy
nu-t have been as the whole hinges of eOl4 fr.ttn
Cal.is to linianeiin wet covere.l with troops, anti oar quit-htici
were .frequenalv, with then btoad.ides to the 11*.w., within
pia°, shot, dealing death and Ae.tructi•in around them.
Lieutenant Meridian. corurn wider of the W.rtehfilt vim brig,

__ ...
ma, unfottuitately killed by a cannon shot at the mo.nent tit
wa: encoisaging his men, and ordering them Is cheer. The
shah entered hos right side, just above the hip bons, envying
awl, his boatel., and wont of the lower rib, He jmt es-
elai tiled, .. omy f;rel l'' mid US inelesa on the dee:. He we,
a brave and ineittorious O'ikers and had been twenty-threerears • Lieutisomat, and eilgawkd iii nurnerues Jettt.tat. •Ille
ha; left a widow-and three orp.lons to bewail ho lan. Every
attention thatermald be sheen to departed worth ant bravery,
was yede,dayeaiweet. His tthlit was brought on shire, and
int.irred with military tumours * the burying round. Too
band or tlieGirants,isuartered it our Barrer kit atteiwied, playing
',deism matte $ apart" of marina ficiot the flag oh* preceded
the body, with arms reversed. The pall Wet thapated at the
sit woke. Lieutenants ofgoiebries, and a procenimi of !.sl twat
and Military Offiners, nearly rut) in number, clo.ed the melan-
choly scene.
ESTIta.Cf OF A LETTER FROM Alt orilß BA 0:4 i
BOARD TH TICKLER DUN Bata, 0 IOU-
t.oosT. JULY 18, 1801 '
~ We have had but little lmusem•nt lately, but catching
Of Mackarel, nut t this morning, when, about half raw frur
o'clock it ea. the Frew, brigs got under weigh, with so int.•.•
tion, I believe, to go ono the harbour ; our squadron weighed,
and ato.d. its afti.r them, lb they ware obliged to staid a small
disieue4 iamd I aistite put a very smith durance it was) ijons
their betticr,es. About five we began firing at them, ea dud the
imitation, far one hoer, and a half, when they anchored under
the ba'Jety, without being able to get id. I expo& Me -shall
heart another slap at than before the day-ia out, that is, if they
weigh. These was net tuu..h ilemar dime. on either sde, I he-
ll. ye : I with we c3u4 get them out, t i have play at them. Only
one shell struck us, without doing a, i y daMaCein &sumo oente ;
two feet (either, and it would have dune a grub dealt it
%truck use just at the water's edge, mule a dint about two
inches, and stripped off two feet of copper from the hottom,
and tittle near!, a tun of water over the gingival upon deck ;
therefore the lads only got a Wile wetting." .
. .
Last Thursday, one of the Harlow boys was for
some trivial purpose clambering over the wafts of a
Gentleman in that neighbourhood ; who, perceiv-
• ing him, uncliaiwd his great deg, ant let him
loose on the pretty miscreant I We are very sorry
to say, the dog was as great a Iriate as his master,
and tore the youth miserably.
At the Quarter Sessions for the county of Snmer-
let, held at Bridpnrt, on Friday last, Juries Greens-
("de was indicted for robbing Mr. M. Woottootse,
of the White IA art Inn, Bath, mini his guests ; hay-
! log been a servant in the house. lie was found gasify,
s and sentenced to seven years trainsportatiQn.

• LAW INTET,TJGgPICE: •
COtiEt OF ;ONG'S BENCH, GUlLDlfAlt.Jtety
; .
Ai Nisi Prim, bill?* Lard ELLEKSOROUGH,
aid a Special Jury.
DEFAM ATION.
TENNANT o. PUIf IN.

.This was an anion for slanderous words spoken
by the Defendant against the Plaintiff.
Mr. alasK ma, in opening the case on the part of
the Plaintiff, stated, that the Defendant was a very
wealthy merchant of this city, so much so, that
his constant-boast, from the time of his rising in the
morning, to the hour of retiring to his tench to
rest, was that of being pnssessed of 40,0001. He
was a man, said to be of a very irritable disposition;
hut, he insisted, he was a man of a most melevo•
lent and malicious mind. The Plaintiff, he oa-
served, was a respectable sugar-boiler and refiner,
and had not been long in business, when the,Defend-
ant. intending to carry en the same branch of trade,
and finding him a competitor, determined to under-
mine and ruin his credit in the mercantile world ; the
Learned Counsel then adverted to the great danger
of such insinuations and expressions as the Defend-
ant had tr=ade use of, which called loudly for the
irtrrference of a Jury; nn man's --edit was safe
for a marnent, if such condutt was to be suffered to
pass, without a heavy mark of disapprobation by
their hands. The Defendant had not accidentally
made use of the expressions,.nor had he used them in
a moment of resentment, or passion ; lout repeatedly,
and premeditatedly endeavoured to ruin this gen-
tlem tn. The reels were these : the Plaintiff and De-
fendant, together with several other persons. were at
a sale of sugars on 27th of Fehriu.ry last, and
a‘ter the snit Verai over, they retired to a neigivimur-
ing tavern, where they were jeired by Messrs.
Austin, Keeps, and some others, amounting is all to
seven or eigl.t persons ; here the Nfensfant,
leaning across the table on his elbows, asked Aus-
tin hal he any thing to do with the Plaintiff?
saying. rr there, swill he a stoppitae there before the
lst of April.* At another time he :Weis, d Mr.
Myers, a respeCtable it-ink:hate, to get his money
from the Plaintiff as well as he could, as he should
soon stop payment. On several other occassons.he
ha i re waited the same language, and esea in some
instance, (to thew his continual and persevering
malevolence) hs had used these expressions since
the aetien was commenced. He concluded with a
sincere hope, that the Jury w ould visit such wicked
and iajuiliAlls conciaa win exemplary Jame '.. res.
Oa the evidence of 4r. Ausan, some of these
feat came oat, but he could not speak to the par-
ticular words stated in the deairatinn ; howevet,
Mr. Keeps, who was in the tavern at the time, over-
heard the words, and also spoke to a repetition of
them at another period.
Mr. Myers stated, that he had sofa a parcel of
sugars to the plaintiT; that he had sold them on
the !mai- erelft. and took a bill, for them at the
customary date; that the.Defendellt called on him
the next day, asked had he had shy dealings with
the Plaintiff; and advisethitn to get his money as
well as he could, insinuating. thateit was ;n a doubt-
ful w ty. In co-.sequence of this, he applied to the
Pliituiff to pay him ready money; but he refused
him. it nee elsesietrotelf 'telairenient. declaring he
wuulet.easide by his caatracl. The but was after-
wards regularly paid.
hts.,Aethur Young gave some..vhat airzlar testi-
mony. He said lie had been in partnership with
tne Plain...ail, who had 13119v/el -the business of a
sugar refiner for about twelve ationths. The De!
fendant had met him in East Smithfield, wh-is they
had saute conversation about the Plaintiff. worn the
latter informed hi'm he• had an iudiatiment against
the Iniintir, and would soots have • twenty more,
and thit he would nbt rest tnt he should ruin him.
On his cross-eaamitafkou, by. the SCAICITOII.•
GIeStRA L, torahs Defendatit, he said lie hid heard
something of an advertisement' in the papers, se-
latiag to a wife for the l:efendant, which some wags
had inserted in the papers to annoy him. He could
not tell who it was; nor did he know the Defendant
had been visited by an hell of tlie beauties of the
town, is consequence thereof ; our did he know
any thing of the twenty-two letters he had received
from females. upon that sabjeat.
Upon his re-examination by Mr. Garteow, he
said he did not believe the Plaintiff had any thing
to say to she advertisement, nor had he the slightest
reason to think he had.
It did lint appear in evidence, that the Defendant
WAS going into the same business with the Plaintiff.
The Satre malt G IC It AL, in addressing the Jury,
in behalf of the Defendant. observed, that he could
not but admit that some degree of blame attached to
his client, which he would not attempt to justify ;
the words had been proved, and it must he admit-
ted he had made use of them very improperly; the
faift, however, was, that he was a man of a very ir-
ritable disposition, and, whether through misenn-
caption, or misrepresentation, or, that he might
have had some reason to suppose the Plai.itiff had a
share in :his advertisement, from which he had ex-
perienced so much unpleasantness, or, whether
from some other circumstance, he was irritated
against the Plaintiff, he did not knaw ; but he was
satisfied there was not that degree of malevolence in
the Defendant's condua which would induce the
Jury to give weighty damages—no particular in-
jury had been specified, and he was sure, under all
the circumstances, they would only give the Plain-
tiff a reasuneble and inoder,ite conspensatiun.
Lord E ttttt °ROUGH, having slimmed up the
evidence to the Jurys ohserve,l, that in all cases of
slander thiy had two questions to consider ; the :ins
was, whether the words were spoken with a m
pant mina, and with a view to injure the reputation
of the party ;•and the other, as to what dames es
they would, under all the circumstances, consider
the party injured to be entitled to ? In the present
case, there was not only a great degree of malevo-
lence, but it appeared that vets to a very short an-
tecedet.t period the Defendant had per severed in hr.
slander and defamation: they would therefore mea-
sure the damages by the mind of she party, nod the
probable injury sustained.
After a short consultation, the Jury found a vet--
dia for the Plaintiff, of 5001. damages.

KAY! V. **ILIAC
This was an action brought by Mr. Ker., the
Solicitor to P.altamentary Conunissi..:ners, lzr grant-
inkreliel to West-India Merchants, ag that (;earle

.~ ♦ .

, :

; . • • • a
BaiWei. Esq. a West-Intlia Merciant, for printing
and publishing a Libel; .•etitia.g the t eraer Nies
making exorbitant chea.asies his bid, and ralierwite
defaming him in his nearasairtnaiespecity •
To this declaration the Defendant had pleeded a
justification.. .
This rase excited a considerable ilegree of inter•
get among the West-India Merchants in the City;
the parties being well known among them. Tee
Court, during the vial, was uncostunielly crowded:
Lord Bayning sat on the Bench. °vitae right hand
nr the Chief Justice—sad several other N aolemea
and Gentlemen, of the firit respectability, extended. •
The SOLICITUIt..Gr!triie L., in opening the CAW
on behalf of the Plainiiff, °Strewed, that, faith the
proceedings in this cause, it behoved every man in
future, before he brought an action of slander, to
weigh his case well, and know what plea his anta-
gnnist would file—and, when the slanderer sup-
ported his slander by such a tele; as :Ida he shauld be
particular, especially when he is an Attorney. living
by his profession; but 1w should be more peratenlar,
when he stoed in a public situation. The Defenda_
ant must prove the fiats statei in his plea. or it is rid'
justification; and if the Plaintiff' could not meet
those facts, let his situation be ever so honourable,
he must ret:re from it. The Plaintiff, in this cue.
had obtained a high degree of eminence it his pro.
• fession ; he likewise held a public office, in which
he had been slandered ; and the Defendant had had.
the hardiness to justiiy that slander, so that the
parties were completely at issue. At the time of ao
iasuerection, which took place in some of the West
India Islands (Grenada and St. Vineent't), in the
year 1795—by which the West-India Plante: s had
suffered considerable. an Ate of Parliament was
passed, appointing Commissioners to lend money to
.the West-India Merchants who had suffe.reel ; and the
Cominivioaers appointed the Plaintiff their S slicker,
with a salary of 5001, per annum. the Defendant
and his Partner suffered u ider this ealarn;iy, and
procured a loan from the Commissioners of 1.:0.0001.
Acts of Parliament wise also passed a•t• the bor-
rowers to pay by instalments; and, up o the present
year, no lees than iive acts had pe.sed, enlarging the
time for the payment of those instalments in the
discretion of use commissioners with the consent of
the sureties. From the period of the loin to the
Defendant in 1795 to the year I 835. he wis ceeti<s
nually applying for further indulgence, which from
time to tiine was granted by the Commissioners, till
at last the Plaintiff, instead of issuing extents and
arrestieg him, as under the oilers of the Commis-
sioners he was bound to do. gave him noti.:e th it he
would be proceeded tee:Rasa In this, the Learn-d
Coansel observed. the Plaintiff was not justifiable,
as it was ao act of lenity towards the Detendant in
breach of duty ; and for this he wits told he had op-
preosed him by a.lls of vexation, that he had exceed-
ed Isis authority, &:. Li the ye sr 180:i. ten years
after Mr. Balite was accomilliated kith this sera
of money, he thaiieht proper to publish what he
termed " George s Narratice of 8171 eif wad
Havre;" to which was added. ao AppAdix, the
whole containing 23ii pages, every page of which
wis of a libellous tendency against the Plaißtiff ;
letters were witten by the Defendant to persons
min: Toned in tee am-sena:l. .Thie, libel imputed 5.4
the Plaiiglar ‘istrfferifes: ontiettereortinienced-a
`• sr•••••%t:i.7syie:: k',own to my !signals that,y‘uhat *LaiAgit:a
ran f6r yea-t; y iittirsthy origixsted in roe oat emialo!iiii
yon when I ;r4 wilt into Colon ;it now ;Iro-eeSt from elf
ohieeson to the esrels...tmice of yloy chasrit visit t Exche-
quer 81:16. Teti aro sti.l Solicitor for the Commissioners for
ter: stale and it.Vineent's, where yr,ursappowil itt:istocw
obi-
ged as to give way to your insoloit anti estrairaciat Demands.
I srai *nee neat'.-st to ere wts to the trouble
vex eioit you me at that lii;arrl is soiree!! credthie ; and so
invet i.rat • is your raneonr to me, tliat ay assillieS P.y is you
when thry hire any thiog to litigate wit'. nw."
The letter went on to state several other eharees;
that the Plaintiff hail prevailed on site Board to no.
press him; that he els° had prevailed °port MG
Gordon to withdraw herisell at one of his ,ureties;
&c. &e. This libel was primed at some expence,
and tour or live hundred copies diteerninated by the
Defendant personally. and also sent to persons who
amal•iyed the Plaintiff, who were his kn awn friend's
'l"he Learned Counsel said, he cash not
stand the charges of the Defendant, het hoped at
hear them stated. What he ha 1 :o 6/sew, went most
eemeletely to cnntradia them retire weed of the
lihel was falsified by the proceedmgs, and r, was
utterlf impossible for the Defendant to prove a
single charge against the Plaintiff: tee whole was a
gross mistattment of fatis, within his own know-
ledge. First, then, as to the clairge of his making
out an exorhitant bill. A loan of 160,0001.
was to be negotiated. Deeds were to be prepared;
stamps, fees, Sce. were to be tnade nut, the whole
charge amounting t 01871.1 70t: of which Was money
advanced out of pocket. He mid Ise should not
oelr prove every item of this "111, but die also had
several ern:nem professional Gentietcen to prove the
charges were most reasonable I bat, shenld any nb-
jeation ae made to them, as being attorneys, he had
two Malys in Chancery presaßt, who would give
their ooiainn. The next charge -was, that, by his
influence, the Plaintiff had prevai`ed on the Corn-
miss mei; io riper ess him. In anover to this, Lord
EiaynialeM. a Hunter. and severs: other of the Com-
mission/is who regularly attena-d, were present, anti
ready to I.e eramined to the feat. Another charts
WAS, that the PlaMtilif perstaed d Mr; Graham to
prevail on Mr. Gordon to wittairser himself, ac a
surety for the Defeadanta is ansiver to this, also, he
bad Mr. Graham to peeve what was the teal het.
There WAS. theretote. no excuse settstevtr for the
Defendant's no, entering into his own jesatication
he had the hardih :pd to state that justifi....etion eaten
the records of the Court. If he did r• e gn into is,
but rci:rei f: ism It with silence wing intarrr, without
going into any evidence, the Jury would rater the
reason, and know how to deal with him accord-
ingly. He considered it the most malignant. mates
voient, aid black-blooded libel, that ever came tsee
fore a Coon and Jury, and he trusted the slanderer
would, brtheiehanda meet hi; just reward.
Mr. &Mb,' bockielier. stated that rte was Ma.
ployed by the Detendant tie print the Libel iis elut►
tiota he printed 750 copiesaad ot whi.as the De ard-
ent received from him.
Several gentlemen were called, who proved that
they had received the Libel, which had been lett
gram at their cometing houses; they wife ... the
trte.els of the Plaiatid.
ite•ns of tat. bill, and the rev--

i

th- chatres were then proved.
Mr. Thomas M-Irsaen, Secretary to the CM.

11‘11111111M, preyed several minutes of tile proceed
lags, whereby the Solicitor was direied to give no.
tice to the sureties, and proceed against the princi-
pals, for the instalments which were due and unpaid
on the Sth of March.
Lord R iyning, Mr. 1-lunter, and several other
Commissioners, stated, that they were regular at-
tendants at the Board, and that the Plaintiff never
direly or indirealy influenced them against the
Defenciant.
Mr. .1 F Y t., for the Defendant, entered at UMW
length into observations as to what might have been
the real motives of his client ; he had been rep: e.
sented as a malignant, malevolent, and cold blooded
man; but he trusted it would be found he did not
deserve that chandler ; and he eudeay.uired to put
such construaions on tlie justification as he thought
it wculd hear; the Defendant was a man more

sinned against than sinning, and the allegations in
the justification were true or not, according to the
meaning and construltions which might be put upon
them. The charges in the bin he conceived to be
exorbitant, but he had riot made it a positive alle-
gation ; he was an illiterate man on this subjeft, and
ignorant of the charges of an attorney. With re-
Toff to the Plaintiff's using his influence with the
Commissioners, he observed, there were various spe-
cies of influence without being undue influence. It
was natural to suppose he had some influence, and,
to support the record, it should be shewn he had
used undue influence. The learned Counsel wont
into a long detail of circumstances which our limits
will not permit ns to follow him through, te' ding
to shew, that the notices and r,ther proceedings were
direited by the Plaintiff without authority from
either the Commissioners or Mr. Gordon.
Ile called s-une ti.-.tnesses, whose evidence did not
at all bear out the statement.
Lord Er. LUC/MIMI/CH observed, that the defence
of the party only aggravated his offence. l-le had
made Most serious charges against the Plaintiff, and,
by his justification, put it out a his power to do
any thing else than go fully into his case. The
most serious charge was, that the Plaintiff had
harrassed him ; he might have done so, without
risk to himself. He had it in his power to crush

him; it was in his duty to use rignrcies means; he
had ordefs to take compulsory measures against the
surety, and he might have• deoroyed both him and his
principal ; but, instead of .ending the extent on the
19th, he does n t even write the later till the 21st.
Upon the whole, there was a degree of perseverance
following up the libel that m ide it a high aggrava-
tion, which, his Lordship thought, should be visited
with a heavy penalty tr however, he lsft it to the
Jury, in their discretion, to nisi a such reparation as
they should think safficier.t.
Verdi& for the Plaintiff, 1,1001. damages.

cvivr Or COMMON PI.FAF, GITILDITALL.
SetsuPs at Nisi PrUti, 6efore Si, .JAMES MAa'FICLD,
end • ~Sprrisl Jr: y.
711.LKNElt sad o roses, ASSIt:IA*.rt, Sy. nsmers.
This was an aelion brought by the Plaintiffs, as
Assignees of Somncts, Ri-son, and Co. to recover
1.2'241. the amount of two bills obtained by the
Defendant from the Bankrupts. subsequent to their
committing an ad of bankruptcy.
Nlr. Leo, who had formerly lyres a clerk in the
liAnicrtipes house, proved the hand writing of Ris-
son, in a letter written from Posen, in West Prussia,
in which he stated the necessity there was for his
stopping payment. The witness further stated, that
he had been desired by the Defendant to make alte-
rations in the bankrupt's books, which he according-
ly dud, conceiving it would be fur the benefit of his
principals.
Mr. Cartwright said be was a creditor, but had
signed a release. He was present at a mectin; rf
the bankrupt's creditors, in January 1802; the De-
fendant was then present ; and, in his opinion. gave
the creditors to understand, that he had as much in

Isis hands, of the b.mkrupt's property, as would pay
them five shillings in the p'.und, anJ he then pro-
duced an account, from which it appeared, dolt he
had two bills, one for 8001. and another for 42'1.
drawn on Blair, Boyce, and Co. and not then due.
Serjeant Bast., on the part of the Defendant,
eien toi.k two objei9ions; first, that the as of bank-
ruptcy of Sommets mad Risson was not then proved;
and, secondly, that there had been no proof of who
the per,ons were, who, in January, 1802, were
partners in the house of Blair, Boyce. and Co.
Several witnesses were then called on the part of
the Plaintiff, to do sway these sillieetions, but they
all failed in the proof of the first ; and one of the
witnesses stated, that a Mr. Parkins was a partner
is the house at that time; but it appearing on the
face of the bills, that they were signed by Mr. Par-
kins, P. P. (or per Procurator), for Blair, Boyce,
and Co., the Plaintiff was nonsuited, as this was
a direa proof that Parkins was not a partner.
P 405 a. TNOMPSUN.
This was an aasun brought against the Defend-
ant, as one of the underwriters, en a policy of in-
surance, for the ship ctn.:if the j..ata gefueerd, to
recover particular average, for the loss et corn,
damaged by the vessel stranding ii. her voyage from
Ancram, on the river Oder, to London.
it appeared, from the protest of the Captain,
which was by consent allowed to be read AS evi-
dence, that the ship left the port of Stettin, which is
higher up OD the river Oder, having first taken in
part of her cargo, in the beginning of September
last, and on the 16th arrived at Ancram, where
she took is the rest of her care, and proceeded to-
wards England, on tire duy followinz. In the
month of November, she arrived on the coast of
.England. and experienced very bad weather, off
Sheerness. The vessel ra.. aground on the North
sand (mak. and remained there for six or seven
Lours, in the greatest danger of being broken to
pieces. by bearing against the sold. At length, by
the exertions of the crew, and some assistance they
received, the vessel was again got afloat ; but soon
after, ajain ran aground, Laving the first time un-
shipped her rudder. She was at length set to right.,
and a short time after made the port of London ;

but, os breaking bulk, it was foand that her cargo
was quite wet ail through. The general average
for the damage. of the ship had been paid by the
underwriters; but it was agreed, that it shculd be
reterred to a Jury, whether they ought to pay the
particular wry-age for the loss ..f the cargo.
The. Attyjk.qop statistied, as to the lad of the
a verdhl for the Plain-
by oneot the Jury.

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