The British Press; or, Morning Literary Advertiser.
London, England, 1808-05-17 00:00:00

LAW INTELLIGENCE.

COVILT OP COMMON PLEAS, M* i 6.
.h of TURUMDELL v. eUilnt

HOFFEN.

Mr. Serjeant VAUGHAN skewed caase against a
rule granted on the application of Mr. Serjeunt
SHENSI:HD, to thew why the Defendant should not
be discharged out of custody, he being a privi-
leged person, as being one of the suite of Prince
Stahremberg, the late Austrian Ambassador. De
grounded his motion on an affidavit of the Defend-
ant, stating, that he came to this country us the
hearer of dispatches from the Arch-Chancellor of
Austria, to the Austrian Ambassador in this coun-
try : that Prince Stahremberg some time after-
wards attached him to the Legation us an Adviser
and Counsellor, the Detendaut bring a Doctor of
Civil Law ; that Prince Stahreintierg, on his re-
call, went through France, and the Defendant
could not accompany hint, as he was proscribed by
Bonaparte ; that Prince Stahremberg promised,
oti his arrival in Germain-, to obtain passports for
him to return by sour: other route ; that he had not
time to receive those passports when he was arrest-
ed; the Prince having departed from this country
in January, arid the arrest having taken place on
the sth of April; told that in the intermediate time,
he Lad applied to the German Ambassador in liol-
laud to pro,:ure him passports to go horue by the
way of Ballast ; but he received tor answer, that
no passports could be given, without they were
signed by the Emperor of France.
Mr. Serjeant VAUGHAN contended, that his ap-
pointment was only to prevent him from being
arrested, and to cover him front his creditors. De
produced a note from Prince Stahremberg to
Thrumbull, stating, that according to the power
vested in him by the Emperor, his Master, he had
appointed the poor Count Pleffenhoffen to be one
of his suite ; knowing that, as lie was a friend of
the Count, it would give him pleasure, as it
uould be the means of protecting him front his
creditors. Mr. Salt:mit Vaughan contended, that
this as. an unl:,sstid appointnietit; for, although
the country privileged the snits: of a Foreign AUS-
lists,:tdOr, it did not allow him him to appoint a
person 114 011{1 01 his suite for the direct purpose of
Sq:let•llitlg 111111 from his creditors ; and that it was
i not the iitentiou of the Definulaut to leave this
country, for if it was, he could have gone by the
way of Malt.. to Trieste; and he further stated,
that being appointed to the Legation only by the
Ambassador, the apluiintment, ut the departure of
Prince Stalireinbert;, ceased, and lie now ought to
be cousidcred as um alien enemy.
rjeauts SHEPHERD HMI BEST contemleil.that

he caner to this country in an official situation,
WWI continued in such appointment by Prince
Stahremberg, and had used every endeavour to
leave this country ; that he could not go by the wuy
of Trieste, as it was in possession of a French. sol-
diery; and that the Defendant had as much right
to protection us thePrussiun Ambassador, who had
not been permitted to land at Calais. mid was ob-
liged to return to this country ; that the note of
Prince Stahremherg to Mr. Thrumbull shewed
that he was appointed by the Emperor himself, for
it stilted he was uppoiated by the authority of his
Master, the Emperor.
The t7oetur was of opinion that he was merely
appointed to screen him from his creditors, suit
discharged the Rule with Costs.