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London, England, 1822-12-17 00:00:00

ing that Mr. Rapier did not send them off, he procuml of
passage for them in the Afe/poinene. but Mr. Bagster welt
amongst them, using violent imprecations towards the Plat
tiff, and told them that they were about to be sent off like
slaves, and so worked upon them that a violent mutiny
was exiled, and they refused to ge in the Afelpoogroe.
These lascars were men of furious tempers, wearing knives.
and bloodshed was actually apprehended from their
violence. Mr. Ba,Tstbr proposed to acid them away it
the Asia. Now this ship was one of his own, and,
so far from being in a itath to act out. On the voyage
had only just arrived in port to refit, and was not likely, for IL
long lime, to be in readiness. In the mean time, the metiNt
wages, to which the Plaintiff would he liable, wile going on,
and the lascirs were constantly pursuingthe.Plwintifri sod
threatening him if he did not pay them their money, and he
went in apprehension of his ire. The fact was, the whole of
the proctedin.• of Mr. Bagster was a manneuvre to, gc,t the
men to work his ship, the Asia, to the East Indies profitably.
Under these circumstances, lte Learned Counsel Moved;
that the order for Ilie payment of the passage-money to Mr.,
Hagster should he discharged, and the money advanced re t.
the payment dr the w ages due to the sailors up to the time PE
their quitting the ship be returned.
Mr. HEALD, who appeared fur Mr. Baggier, prtifesse
himselfastonished at the statement of Mr. Horne, which did
nut, from beginning bleed, contain one fact. It was deniedddd
updn oath that Mr. Bagster had used any of the violent lag-
, gunge to induce the men not to go on board the Melpmnen4,
nor Lad the men used the threats to the Plaintiff thet had
been attributed to him. These men who were described a
murderers, wearing kniveS which they were peomist to use as
lascars of a vile cast, were really men of a superior orda.—
They were European Portuguese, who spoke three or forte
European languages, and could speak English as wet(
as most men in that Court. The reason why Mr. Hag-.
ster had refused to consent to send them home by the
Melpowsewe was Mi.: It was asked by the Captain of the.
vessel, whether he must provide hammocks for the men whom
it was proposed to send by him as passengers? To which the
Plaintiff's agent replied, k Oh, no! these black fellows .raw•
sleep upon the deck or any where." New the men, the Lori,
ed Counsel said, were part of them in Court, and he put it le.
his Honour to say, upon the view, whether they were men.,
inhabitants of a Wit climate, who ought to be sent out to that
manner, like dogs, al such a season. Mr. Hamster had very.
properly refused to let ilium be sent out in so brutal a manna-,
and he intended to send them hack by lbo Asia, "'hick way
the next ship going, and he would send them, not to work Owe
ship. which lie could not do by the navigation laws, but really
and truly as passengers.' Under these circumstances it was
trusted that his Honour would dismiss the application.
The Vree-Cesseci.usa, after having heard both parties at,
considerable length, refused lb accede to the application fur
the ratite of the WI. advanced towards the payment of the
seamen s wages; but his honour directed that the order Abe
the payment the passage money to Mr. Bagster should log
suspended, until the latter brought an affidavit statism that
the men were on board, and that the vessel Mai roads to sisit
when the passage money should be paid, without prejudice to,
the cause.

COURT OF NINO'S BENCH, hfoxway, DECLIIIIIIII 164

THE LINO V. COLLINS AND MILLS.

This was an indictment preferred against the two Defend-
ants, and the late Sir N. Conant, charging them with a cies-
spiracy in their character of Licensing Magistrates .of Use
Clerkenwell division, with refusing to renew s Urense to.
James Moek, landlord of the Green Mane in St. JOlsn'sJane
(of which house he was the landlord), at the lieen_sag day, in
September. 1818; and further imputing to the. Derfendsots.
that they did Ibis from corrupt and partial motives: 0a u,
termer trial the Defendants were fonnd guilty, bit obtalnc4,
a rule for a new trial, and this day the case eaten ois,befeS.
the Chief Justice and a Special Jury.
Mr. Scatters. stated the case on the part of the pro-seM.
lion, and called the following witnesses:—
James Meek stated, that in November, 1814, he piirchaseA
the lease of the Green Man, Itit.John's-lane, Clerkenwell; go
laid out 6001. in alteratiou of the premises, paid seal. for the,
lease, and 1041. for natures. It was an old-established public-
house, of at least too years standing. Witness enlarged the
tap-room, and made it a most commodious house for the acr
commodation of the pubtic.. The sale of beer was two Imps
a month when be took the 'aise. He dealt with Mena and
Cn. till November. IBIS, and then went to Barclay's, when
Isis trade increased to lui butts a month. In tills he /pinged
a man named Rawlins to claw for him, whom he dischesott-
in June. In Isla his Leense was granted without any sAjec.
lion ; but when he attended ID 1816 ho was hiformed by the
beadle that his license was step?. A few days after. Isa
wns visited by Mr. Culterel and Mr. Belton, two Magistrates.
who examined his house: he asked them if it would
be necessary for him to petition prelim's to the adjournment
day; Mr. Hill, the High Constable, said it would not ; Hill
observed the door had been altered. 'Witness said if the Ma.,
gistrates wished it, he would place it in any other situatina
they directed, hut remarked that the door of the Queel4
lleadstood in the same Sane as that of the Green Man. Dw
the filth October he attended the adjournment day at Clerk-
enwall ; Sir N. Conant. Mr. Collies, Mr. Milts, Dr. Gai-
-1 coigne, Mr. Cott, rel, and Mr. Sellon were the Magi*.
trates present; they inquired who were his brewers.;
he told teem Barclays ; that his consumptlon was ten
bets n month, and his spirit trade tol., and ofle c.. 1 to
show them his books; they declined to 'oak at his bus. 4.;;
and he was ordered to withdraw. Ile was alter* s
Informed by Hill, the Constable, that his license was sf ft
ailt
but that thlit would be an adjournment ilsy on the 21st..
when lie might petit' . He prepared n petition accordi •,
which was signed by all his neighbours. and by Use ehur -
warden. This be presented at the adjournment day, when
nigli‘.
same Magistrates were present. He was ordered to I4J ...s,
draw, and, alter being absent a few minutes, was informed rigs
license could not be granted. In Hl's., lets, and baits,
win applied in like manner with the petitiou' the Defeo ::,
ants being amongst the Magistrates present. Still he could
not gel bill limas, renewed.. In lea he saw Lucas, the sleds.,
of Men: and Co. at Clerkenwetl. In tee he saw Willis. why.
had suceeeded Lucas. lit wain had more conversation with
Lucas. ..
The Sotterren-Ganaitat objected to hearing the couver-
sation which passed between the witness and LUCAS. If tidal
conversation was to be had at all, it must he had from Liraya
himself, . 'w
Mr. OMIT au pperted the objecti en. 1
Mr. ScantsTr and Mr.,Divirass contended for their right
to carmine the %Rends as, to Lucas's declarations ; whtelk
would gs to establish the charge of conspiraey.
The Loan CallEY ihllTlCl.llfld, that before they could hs
entitled to hear from the witness the dectaretioris el 14440
they mot shcw the defendants actingin emscert wills Laws,
Examination resumed.—Georgc Dell's beense was stops's&
the mat time, but renewed in 1817, al 'kith time written&
saw M r.Wigram, one alba partners in Mesix's Iles se, st thp
Sessions Huuse, with Willis, the e:erk : Mr. Wignims umiak
was sent in on a card to the Maoist:ides and Sir 14.,'Conitat
came oat immediately, and retired with air. MOM' 440
another room. Thee soon after returned.... Sir Nailualiet
Conant went into Um Magistrates' TWOS, mod Mr. its-
gram said something to weir., in the hearing /Knoll, shad
ninile hint (,Dell) smile. The latter was 50.,, after callestato
the room, and returned with Isis license Dell had two deay*.
to his house, be did not draw more than two bntta a month ;
Mews and Co. were his brewers ; after he bud received his
license he and Willis west to a public-house togettor. The
Queee's Haul bad two doors and sold spirits ; the Swan silos,
sold spirits, yet the licenses of those house. a were aut. slop,
Mein and Co. were the brewers.

Cross•exasmined by theitemtletron 0. . —The ground
door was divided into two park, in one (the tapiging) lie
beer vets sold, in the other was a counter Mind up tot the
sale of spirits; there were two 'dams, and perm ns might
go in at otte door and out at the other, wit4iout goiaer
into the tap.room. Mr. Collins said to the witnes, we are mi-
litated with your character. Messrs. "lender's-and Smith
were solicitors fur the 'sillies@ originally, but hie. Henderson
was now dead. Did not know that they were stilt. dors bi the
Associated Victuallers, and did not know Drivels ,is Asioelas
lion ; the poilleans had a Committee amongst tat •niseltes.
but could not say that Henderson and Smith were their ante
citors. In tare witness took a house in Cliendos-street, arid
continued in it fourteen mouths. Ile had been out of business
since till %% Akin the last six months, when be took the Coasts
.and Horses, in itulbora. Ile had reeeivedssibscripl ions MAW
the last trial of eool. and the udiseription was still gone; eke
After obtaining the rule foe theyrinweal ink/relation, be hot
received set. Did ascot at 1111. last trial that he had ereriinei
nothing towards the expenses of Ibis indictment ; did ere
mention the sot. because no "sestina was asked him shout •11%
and he received it before this prosecutien was instituted. •
Ite-examined.—The spirit shop ryes:tined as whew he too*
it. except be had relit ted it up more consessadinnsty, se Dan
permit's might sit and take I heir hoer there it they reuse 111..,,!
By the LOUD CNI LP' .11. afte a.--Tlio costs'or the lealleridt
were paid to the witness's attorney. . 1 .Is.
Thomas 11ill esnininit—He wig high constable in Isle riil
was his duty to visit piablic.tionow, and report them twill*
Magistrates if disorderly. Mr. klatt's loons° was well eau-
dureed ; did not knee s Ileusr in the nietropelis better tilted
up for /reapers. Remembers Clark, a roisstatile. brine dikoll
by the Magistrates if he knew of any public gooses tilted Op
as spirit shops. Clark said se• end, mad mentioned Illwekito,
went with Mr. Sento% and Mr. Contort to Meek's hoomelt,
the Magistrates mewed to Think one of the donee oilakt
to be shut up, hut as they did not rise positive dineh
lions, witness told Mr. Mork to de nothing till afier ad.
journment day. Sir Nathaniel Cement, MORS, and Dr.
Daseeigne vested ageinst the license, Mr.eliellwe stud Mr. CM-
terel fur it. The Chairman, Mt. Collies, lilted 4p Ins bend
a little, but witness void.' not be positive whether he emeriti
to oppose it or not. tt ilexes thought that previous to the .+4...
Conant coming in, it was intended the livens° should kW
granted. At.
Cross-examimid by Mr. 0 VaIIVY.-11R11 SialaCt tale, bolo
rowed money of pubisesise,beraule he could net get his site
of the Megidtatus. Might have borrowed 'mono 441ortv
leftist publicans. It was his dale tw visit the leimule, Mid'
poet them if irregular, alit he had seldom foetid oecitsoboi Sp'
report any. In St. John's lane Mere were Ilee•putilic Arsine%
in St. John's .street twelve, and in Cuw-otose &owned twenty,
within too yards °reach other. In isle there were four licen•
sea stopped; and, in ist7, several ()Ibises.
Re-examin..d.—St.Juhn's-street was the great thoroeg WV*