The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-29 00:00:00

LAW INTELLIGENCE.

COURT OF CH A!kIOERY-Ju LT ?7.

CURIOUS CASE.
Ex parte HOI. YL A ND. • brinsfie.
A commission of lunacy having issued, about sit
years since, against this gentleman, be lately pre-
sented a petition to the Lien CY A ACCLI.OII. support-
ed by the affidavits of several respectable persons,
which stated, that he had entirely recovered the use
of his intellects ; and praying, that an issue should
be directed for the purpose of trying the f.o. An
order was made accordingly; and an application
WAS since made, on the part or the persons having
the care of the lunatic's person and property, that
the CH A NCEL Los would he pleased to 'fired the trial
of the issue to be had in London, instead of Leicester,
AS before directed, or that the trial might be post-
poned until the next spring assizes. The principal
ground of this application was, that Dr. Petro%
who had been formerly examined on the inquest,
by which Mr. Holvlan,l was found a lunatic, and
whose testimony principaay went to induce that
finding, now resided in Londits ; and, from particu-
lar circumstances, could not attend at the next
Leicester assizes. Mr. Holyland having presented
the present petition against that application ;
Mr. Atill• sect, in support of the petition,
urged, that the issue should be direded to be trio'
at Leicester, as there were upwards of thirty wit-
nesses resideitt in that. and the adjoining County,
whose evidence, though of the most material nature,
Mr. Holv.end must be entirely deprived of, as his
property was not sufficiently great to allow the ex-
pence of bringing them to London. He did not
think the absence of Dr. P-rfe3 would be in the
least prejudicial to the case of the opposite party,
as he, nn the part of Mr. liolyland, was very will-
ing to forego the advantage of cross examining him,
and to allow his affidavit to be read as evide;.ce
the trial, if the Court should so order. As t'•
putting off the trial of the issue, until next spring
assizes, a period of nearly ten months, he was
con-
vinced his Lordship would not make any such order,
as it would subjed Mr. Holyland to be deprived of
his liberty until that time ; while it was vsitively
sworn, in the affidavits of several reseedahle. ptr-
sons, that his sanity was pettedly reeistabhshed.
Mr. Rost it:A, on the same side, submitted, that
the issue should he tried at Leicester, where all the
witnesses resi led, and that it ought to be had as
soon as possible, as it was evident, both from the
affidavits and trom the depositions of Dr Perfed,
on the origioal let:pest,. 'Abet Mr. Holyland was
now its his perfed senses..... The learned Dodos-, !,e
said, had stated, that Mi. Holyland ryas perfeffly
sane in every particular, except one, and that WAS
an u iconieiterable dislike to his wife, as, whenever
she appeared in the room where he was, lie always
burst out into the most extravagant paroxysm of
ma !nest, which, stele=s itnrnediately checked, w.iula
very much endeneer tine personal safety of Mrz.
Holyland i his only cause of madness was :sow re-
moved, as that lady ha ! died about three yea, s
since, and of coarse, as there was no danger of ner
ever appearing to trouble him again, he must now
exercise his {acuities in the same manner he had
done before the disase took possession of his mind,
and there was no danger of a relapse. The learned
Gentleman concluded by saying, that the present
commission was of no use in the world, as the al-
leged lunatic was not t.ikeu care of if there was
any necessity, by the persons appointed, but v.. 15
allowed to go about the world wherever he pleased ;
however, as it was at ally time in their power to
take him up and throw him into confinement, he
hoped his Lordship would direct eat issue to be tried
at the nest Leicester assizes.
Mr. Potaise, xn the part of the Committee ap-
pointed to take care eT the person and property of
the Lunatic, said, that he understeod, since the death
of Mrs. Holyland, his antipathy with respeet to her
was transpired to the other people, and, as the pro-
perty was taktin very good care of, and no danger
of the lunatic's liberty being taken from him sr
Icing as he concluded himself quietly, he thought
the trial might be postponed until the Spring As-
sizes.
The LORD CH A mcr.t.t:ot said he did not wish to
continue the restraint Ctf a commission on any
subjed, when there were grounds to suppose it
should he removed; and though it often happened.
that when the Cow t had renewed the restraint,
they were afterwards obliged to issue out an-
other commission ; yet, as there was a doubt w e-
ther the man was et present a lunatic or not, he
thought it best that the question should go to a
Jury, and that the Court should run the chance of
being obliged hereafter to issue out a fresh commis-
sion. The opinion of medical men was, in such
cases, he conceived, very necessary ; butt he c..,e-
-titinly would not defer this business ten months
longer for the opinion of Dr. Periled; as any other
medical man, who would converse with him, and
know the points in reference to which Mr. Holy-
laod was Lisette, might, after having an interview
*lib Mr. Holyland, be enabled to give satisfactory
testimony before a Jury. It it was necessary, he
thought the affidavits of Dr Perfect should be read
as evidence on the trial, which must take place at
the next Leicester Assizes.
Mr. Joeweros, for the Committee, signified to
his Lordship, that he did not think they would
waste the property of Mr. Holyland, by trying the
issue
The Loan Cnaecteene said, if they did not
wish to go to trial, he should he informed of it on
Monday ; as it was necessary some other affi_:avits
should he made, before he could supersede the
Commission.

CrJURI OF KING'S BENCH, (4;11-DHALL,Juir, 27
Sittays da Niti Fries Win: Lord ELLINIOROUGN,
and a Specie Jere.
I YNCH and ovimis o. lIANICLAY and co.
This was an scion brought to recover the sum of
383ti1. being the proceeds of the ship the Year
Charlotte, and I er cargo.
Mr. G A meow, for the Plaintiff!, stated, that they
were Spanish merchants residing at Cad z, the De-
fendants were their agents in this city, and thi, ac-
tion was brou3ht to recover the proceeds of the ship
in question, which had come ro the Defendants
funds. In the year 1798 the Vr.w CAnrletle sailed
Lfrom Cadiz for the West Indies, with a valuable
eafs() a petio4 whoa this C'QUilU'y was at WU' Yr rth

Spain, and in the course of her voyage was captured
by a British man of war and caroled into haiilAL,
where she was condemned as lasiful prize by the
High Court of Adrriral:y. Baia'', warranted
American property, b-longing to Messrs. Neal and
Getty, of Roston, merchants and CitiZeti‘ Millie
United States, an appeal was made to the Superior
! Cstirt of /I,lmiralty of this kingdom, and, after a
s...rirris investigation. k appeared that all the docue
relent% on beard the vessel werretited the conclusion
that the ship and cargo were Americas property aud
net Spanish; the Court accordingly decreed realm.
tion to the owne:s, and watered :he captors to bring
its the proceeds, which were received by Mewl.
Foresiehr, Smith. and Co. of Halifax, and by them
trensmitted to the. Dcfendehrs, on account of .Messrs.
Neal and Gpritntyli.‘inw4huo, were)h tliite.
and
solmthili
~.
Plaintiifs, from America to this century, and rot the
ru,cipsla, as appeared by the c!ip's vouchers. Neal
and Getty falling into insolvent circumstances. the
Plaintiffs attached the mohey in the :Defendants
hands, who now refuse to give i: up; but upon what
grounds the Learned Counsel was at a loss to guess.
as he should produce several letters from the De-
fenifents, admitting the money to belong to the.
ounces offering to opproprhre k in their use.
Those letters being produced and proved, and . ,
other necesetry proofs pet in ;
Mr. Easeiec, for the Defendants, observed, that
Messrs. Birklay and Co. were the etroig iron chest
in which this money was deposited. and it was only
for the Court and Jury to unlock it. If one ten.
tence, which his Learned Friend (Mr. Geaeow)
stated, had caught his Lordship's ear, this cause
must have been decided at the very outset. It was
one of the most inipu4ent causes that ever came
into Guildhell, and it would cut down all rule AA
order, and all principle, if this Anion :meld be main-
tained. she Plaintiffs were Spanish sus j •fts, an
alien enemy, at war with this country, and isad mask..
est this cargo u:ider the name rf N. al eni Getty,
Citizens of the United Spates of A.rierice. *Dm
invoice, the bills of letting. &e. were All ma 'e out in
their nam,:. purposely to deceive the Admiralty, and ,
prevent their proceeding to coedemeetion. It had
been said of that Court i.f Adinir.sh y, that it was
all 6,11 which came to th:ir :let : tni; might be saed
by parentis ignorant of the soh.). a i test they had
so maey and so much better opperataiers of
knowing than this or any Court, the b:ii Its to which
they were driven to c inceel pr ip:r.y. and the man-
ner in which it is masked ; the C. tun at Fairs ix was
fully justified in the conderneation. In consequence
of the application from Neal and 9atty, and
from the representations which were ma le to the
Deka:lents, they undertook to per vote the Ap-
peal, and the enlightened Judges who triad the
cm e could not decide. in tine other way than
they have doier : from the. vouchms i: appeared
to be American iireper:y, and it was a wise and just .
policy to psy the stridest Attentive to the CLIMB I
of the subjects of the United Stites, wite whom we
are in ouch close bonds of amity and friendship. i .
'tile matter was so dexterou.le meeaged, throe the
1 Lords of the Admiralty were deceived; but if it lied
item known, the captors would ccria;nly !se coil:led . .
to re.tit mien : upon these gerund. thee the De;end-
ants must be li rid respaesible to th.. teteors. It this
could be supported, it would establish ;he most fatal
precedent, and we might lay all out ships up 1., nr-
dinar), ; the privetee:s need hover sail ou, of the har-
bour. if masked property WAS tO piss AS nene et.
Lord ELLILMI3IIOI.32H—" My fsfiffi. ulty is as to
the letter, saying, he would put the sum to the ere*
die of his aceouie : this agreeme it clogs me."
Mr. Eristime—" I take it, my Lore, the Plaintiffs
must shew their property in me Vr en, Chartrfrre.
'Me sentence condemns her as the propeity of Neal
and Getty. but it is siid they co:e'en:tit to the ep-
proprietien : this would be enougn tc) entitle the
Plaintiff to recov:x ; but the question i , whether the
Court can try this anion at all. • The Plaintiff is a
subjel ef Spain, the property ;masked, and the
Court imposed upon. Tire Defendants were in ige
norance of the mask at the time of the letter specie
I tying the sum, and Neal and Catty were then the
1 claimants t and if they were to pay the money over.
it would be in breach of good faith wile the assignees
of Neal and Gatti- ; but I put to your Lordship,
Can this case be open to such a Plaintiff r
Lord Eeeee coaousis ".6. I cannot see a pure
party lwfore me, it is a most shocking and scandal-
ous fraud upon the captors. At what time was the
:am brought ; was it in time of peace cat war I
Mr. Ensema.—" Last Feaster i Yen, my Lord." -
Mr Geitauw replied, the contract was made in
time of peace.
Ltd ELLAWSJAOUOII..—" Yon must sliew him
to be resident in All enemy's country at the these." .
'Phi: pr weeding% of the Court of Admirahy being
produced. it appeared that the centres, was made
m 1791 ; the ship sailed from the (Mr( of Cadiz, in'
time of War ; and the Pleh tiffs, \le •srs. Henry and
Thomas Lynch. were then, and still eontinwed resi-
dent at Cadiz.
Lo:J ELL EN111011101JOH.••••-" The COTPTAO2 war m ide
legrarde kilo; the edio.i was brought frotrode Arllo,
and the whole pro..:edingt are ilafer.sta heao. It is
a fraud attempted to be pranistd, and the Plaintiff
must be noosuited."
A lionsait was Accordingly entered.
LUSIOCK V. ces.ocevv.
This was an Anion upon a policy of insurance,
on the schooner epreafeek, from Gibraltar to Marti.
nique and ninia.d and back, with liberty to touch
at all or any of the West Indian Islensfe.
The So eicir u a•Ges it it •e, tor the Plaintiffs, said,
this anion was brought spinet the un.lerwriter,. in
consequence of a less wince took piece in the course
of the voyage. The PI untie', wrre men of the first
honou and integrity ; they were the agents of Mr.
Yosden, of Gibraltar. te whom the ship belonged.
The loss happened in D4Ol ; and it was necessary,
be thought, to account lot this great delay in the
proceeemes. The Plaintiffs and Oefendents had
'• put off the trial fi OM Lime to time, on account of the
.eiserice of material witnesses. 'flue IJefen tants
having made a most eetieus charge against the
Assured, it was necessary for them to nave evidence
to rebut that charge.
Ifict affidavit h id been made is the Court of Ex-
chequer. by the Defendant, who swore, that adviee
having b en received at Llnyd's. of the lo,s of oho
ship, is Rowe Bay, Gibraltar, an advice was .010
transmitted by hard Cochrene, corroborated by
Captain Hood, both of whom were ou that stneiono

•