The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-21 00:00:00

LA Tr!_► tw.RIVCF.

COURT 011 RING'S BENCH, GuamNW..
wssusomr, OCTOSIIIII It

This inorqing the Court was crowded at An early
hour, in.the expectation of bearing a novel and in-
teresting case. It was au action brought by Lieu-
tenant-Colonel Home against Lord Frederick
Bentinck. for the injury done to his character by
the Report of a Court of Inquiry. of which his
Lordahip was President, which Repot charged the
Lieutenant-Colonel with not having acted in •
particular transaction with that delicaCy and honour
which became an officer and gentlemen of his rank

mud !notion.
At halt-past nine o'clock the Chief Justice enter-
ed the Court, si,d at the same moment their Royal
Highnesses the Dukes of York sad Gloucester en-
tered, and took their seats on the Bench near his
Lordelsi

ip.
Sir Hen►y Torrens and several Military cherac•
ten; of rank were also present.
Mr. ScsaLsrr stated the case to the Jury in an
elaborate areech. He stated that lie represented
an individual who had, by the Report of a Court of
Inquiry, of which the Defendant (Lord F. Ben.
tiiick) was President, lost that fortune and coodi.
noes is society which he felt himself entitled to
hold, from his character and long military ser-

vices under the greatest Commander of the we.
throughout the Peninsular campaign., and finally
at the memorable battle of Waterloo. The
Learned Counsel proceeded to state. that Lieu-

Home was the son or an eminent

Professor in the College of Edinburgh—he had
been fifteen years in the military service of his
country—and had the honour at the last event-
ful battle in which he was engaged, of being
intrusted with the defence of the celebrated post
of Hugnmont. It bad been the misfortune of
this Gentleman to have entered into • speculation
in the year 1814 with a mining company at Wor-
cester. Their capital was 18,0001. and he took •
9th share, fur which be paid 2,000/. a sum that was
represented to him as necessary to complete the un-
dertaking. A further sum of 1,1001. wee subse-
quently demanded for contingencies; but the
Plaintiff, upon his return to this country, lifter the
battle of Waterloo, heard, for the first time, that
the affairs of the missing concern were not going
on as he was led to expect, and he naturally
felt a desire to extricate himself from the partner-
ship. He first offered to transfer his share to Isis
brother. he then made a variety of efforts to disen-
gage himself from the connexion in which he
found he was involved by every open means that
could be resorted to in a partnership concern. hut
they were all in vain.• The Plaintiff then drew bills
upon his brother on account of the concern,
in the hope of being able to get back soma
'part of the capital lie had invested, and to an
amount much under what he had actually paid
—he did this merely to bring the partners to issue
in their pecuniary accounts—shortly after he was
*erred with an injunction from the Court of Chan-
cery, not to draw or accept bills fur the firm. as by
a chum in the articles of partnership, that part of
the business was to be transacted in another chats-
isel. The unfortuuate result to the Plaintiff, from
these transactions was, that a Military Court of In-
quiry was held upou his conduct—he was charged
with improper conduct in those bill transactions-
1w was charged with being placarded in a particular
manner, by the partners of the firm, told also with
the impropriety of evading et Windsor, where he
was with the 3d regiment of Guards, the 'service of
the injunction, to whicn allusion had already
been made. The Learned Gentlemen then ex-
plained that when the Plaintiff waa informed
by liis servant that some person wished to see
him respecting a process of law. he was lying
ill upon his couch, and gave directions that the
messenger should communicate wills a third per-
son, who was appointed for the purpose. This
act was considered by the Court of Inquiry as an
evasion of legal process, and decided upon ac-
cordingly. The Court of Inquiry had come to a
decision unwarranted, as he was instructed by the
facts of the case. They had reported in terms,
which unjustly reflected upon the Plaintiff's cha-
racter, and it was to assert that character and
recover damages (so far as damages could be •
compensation) that the present action was brought
by the Plaiutiffsgainst the President of the Court of
Inquiry, for the injury which that Report occasion-
ed. A serious legal question arose from the mere
mention of the name of a Court of Inquiry. It
was a term unknown in law—Courts Martini were
intelligible terms—they formed parts of that parti-
cular code which was known by the name of the
Belligerent Rights of the Sovereign." These
rights were known and defined iss a time of
war, when they had their utmost extent ; but,
N a time of peace, the Mutiny Act, which was
masually passed, was the only law that regu-
lated military proceedings, and that Act made 1,0
allusion to Courts of Inquiry. It was true, that
any set of Gentlemen, whether military or civil,
'sight voluntarily meet to make any ingssiry they
thought proper—but then. they must take care, at
their peril, how they impugn the characters of others
without the strongest and the justest cruise.
The CUM JVIITICE-.." Must you got prove
, malice to a case offing kind, when you impugn the
Reportias.whials you allude ?"
Mr. ScaaLurre replied, that malice intim be ine
ferred from the terms in which that Report was
couched; but he was willing that the Jury should
judge [rout the whale facts of the case. All his
client wanted was a justification ono') the Met4s,
and he would therefore proceed and lay than be-
fore the Court.
' -----s-fleneral Sir Henry Torreus was then

• •

tient., titre* in his fltuation nu Military Seer.. •
t•ry. He Wel it wig decided in the INeoe of
Governor Masserll, in which his L•artied Friend
(Mr. Scarlet!) was engaged. that the instinct a fir
documents intrusted to on Officer in the discharge
of his official duty, ought not to he produce', It
was a case in phich a party, winn prosecuted for an
infringement of the regtilations respecting the
Shute Trade. •
Mr. ScoaLETT, in reply, infilted that the Cafe
bore no analogy to this friere original documeuia:
partaking of a judicial .character; were called
iu the case alluded to, priiate instructions

manded.
The .ATTORIMIreGESIgitat.. in reply, contended.
that on grounds of public policy. documents of
this desenption ought 10 be held conOdential auif
secret.
The CHIEF JUSTICIt admitted the validity of
the objection. He said that it was as compe-
tent for the Crown as for in inditidisal to dige..
gate a particular inquiry to confidential persona.
end he nem knew an instant•e in which a Court
of Justice admitted the documents of such per.
sons to be received as evidence, when any objection
was legally made to their production. fie told(
it fur granted that Sir Henry 'rorresse hail produred
the private papers of his office, and that the legal
argument arose on their being read. His deci•Pon
was that they ought not, and iur the pettPo4e of re-
serving that point for the better decision of 11:0!
twelve Judges. he would reserve it in any manlier
which the Learned Conneel for the Plaintiffwialsed.
A verdict fo► the Defendant was then 'agreed to;
and it was arranged that the legal objection which
stopped the case should he reserved for the °linseed
of the Judges in the form of a Bill of. Exceptions.
Mr. Beckett, the Judge-Advocate. sat neat Mt
Solicitor-General while this cause was before the
Court.

CURIOUS CASE OF TRESPASS.
FINCH O. THOMAS.
Mr. Gummy stated, that this was an action
brought to recover damages from the Defendant for
an extraordinary and wanton trespass on the house
of the Plaintiff, to the antioptice and disturbance
of his servants. which as., as far as came within 11 •
knowledge, without defence, justification, or ex-
cuse. The Learned Counsel the., tixrrated the cif..
cumstances of the case, as set forth in the f..lloaing
evidence :

John Churchill said he was apprentice to the
Plaintiff, Robert Finch, in May and resided
at No. 14. Cooper's-row, Corolla!, perish of Sr.

- . .
°lave's, Aldgote. where his master carried nit the
business of a wine-merchant; knows the Defect.
dant, Thomas; he lived at No. 13. the 'text
house ; Thomas came to his master's house. on the
night of Wednesday. the sth of May, et which
time witness had gone to bed and fallen asleep;
war awakened in the course of the night, by the
servant-maid coming and desiring him to get sop
witness then heard a loud knocking at the dour ;
dressed himself all but his ueckkerd►ie( and stock-
ings, and went down stairs ; opened the door,
and found Thomas there. who walked iii; he then

took a chair, placed it at the hack of the door, and
sat down, saying he would not stir from thence.
He called Mr. Finch a base villain, and esked to
see him. insisting he was there ; wituesa assured
him he was not, and offered him a candle " to look
all over the house." Mr. Finch was not in the
horse to his (witness'.) knowledge ; had heard 'that
he had gone out of town, and helieveil it.
Defendant replied. " No, I will not." He then
removed the chair from the hack of the door
and placed it near the side. and walked up and
down through the hall. Witness wean into the
counting-house, Defendant followed. and asked
him had he any ob,jection to go out for his night-
cap ? Witness said not, be would readily do any
thing in his power to oblige a gentleman. Wen;
out to the next house, mid brought the cap and a
night-gown ; when he returned the Defendant had
put up the chair across the door; lie stretched 161
hand through the opening. took the clothe*, and
shut out witness, crying, " Now go to Mr. Parr's."
Mr. Parr conducted business for the Plaintiff; and
lived at Hoxtots; went to the watchman's best, and
stayed there with him two hours, without Isis
stockings or cravat; when the watchman went
off his beat, knocked at tbe door. and ;Mr.
Thomas let him iu immediately. Mr. Thinnas
stayed all night ; he asked witness to go to
Mr. Parr's before shutting hiM out, but tie de-
clined, telliug him it would be a very improver
thing to call up a whole family at that hour of the
night—between eleven and twelve o'clock ; pro.
mhsed to go earfg in the morning ; did go for Mr.
Parr at five next morning, 'and had I at his
master's at seven. After a little etniverestion with
him Defendant went away, saying, lie would levy
theme similar visit the ensuing night. Witness and
the maid were kept up the whole night. Tisoutas
had a good comfortable sleep.
Cross.e.rgained.—Had been in the service of the
Plaintiff from the September
.precerhtie; ',hew
Thoshav perfectly well ; Mr. Fitch was at:tlastinted
with him ;
,slid not know that there. teal .soy
mercy betweee them ; Fiech bas been waste a b.itik-
rapt since that time. It was nu the siet.ti nil that
notice to that effect was served at the house by Mr.
Chatfield, to whom the Defendaut was Orris.
Flitch had a country bout* at Stratford ; Thous.*
told him that he had been twice sit Stratford trot
day to see him ; believed he also called two or three
tioses that day at Cooper's-row to tie* him ;
did not recollect being told, by Thomas that Ms.,
MIL her .us_saus. was its tows. ;
Finch had unformed I
when he first came, tie mid he would stay, %di
Finch came in;, could not tell the time of tisetis
exactly then. Mr. Parr *vitt* Finch 'luring
obseuce.; Parr dui mot - believes,
Finch slept there the r ewes?
'of

• , • .

•

•

.... -.-- ~ ..,
fore the Court. abseuce•• Parr MO um sleep, iiktha house; byheve.l
Lieutemiut,General Sir Henry Torreus was then ' Fiuch slept there tee uight.hofige ; could lilt .vir.v,
called..ind eoantined as follows: that Finch was not at honsel-iy, thtl.lisept 'of .li s
Q. Do you koga the..Plaistiff in this muse; I
.linsoledge ha was pot; hod pot, even , an all, th a
mean. do you Awe". his sank ?—A. 1 do; he is a day;
.he hod came
~* the uight„itirTpre,
,*tier the
Liesivenant-Colottel in the army, and a Cowan) is witness. was in bed, and oucleriosoo4 lie.. w.eut out
the 3d regiment of guards. before be was up Cu 4.11. toorgolv „110 out know
Q. Have you the original pipers or proceedings positively that,ho beekdo* so., 4744 said l'"
41
of a Court of Inquiry befd upon hint ?—. 1 have. wasted to see Pinch *putt theisami igf o'bul uf
Q. Produce them, sod state bow you became *twinge that Mrs 051VAR1d'W*..4.10?0,410.1.4 kir
poorrsavd of them ?—A. Here they are; they were, NMI. at his trh“,..l tumigkstira ,firi !,(7.....-
I.brlieve, personally presented by the President to AirisditiTis ;., Wilie!gli It 11411 clinglifill 1..
iNa !ieltO'hPP
Itiklloyal Highugo the commauder-io.Cbief, 'from thsi „Vi got Joe, bill *Kee
~,,i
,t:. "pm,-
wli.i hed mow afSqaali as Military Seerriary• ,Pd.tillt hispect /14 CPOPi°II t. 7•• ka 'et
TiiwArreas as Gsmaitsi. objsciatto their. pro-
.1*
,ebik46 c0,.,4400,,thit..JA . ro St -(iis
doetilim,rwr the Kneed that they wovettillogittiorts• 'way.. Witwom thipp.spgis_kthjil, sh: breams*
i 'pm% wlties INtly.CrtiNol.ol7..i/1..efe.." 184 I lire 44:10441R. 411$04fleniA, kt !at that
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