The National Register.
London, England, 1820-03-13 00:00:00

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glisste 2atelltgcnce.

HOME CIRCUIT.—.ESSEX LENT ASSIZES.
THURSDAY, NARt'll 9.
CIVIL SIDE —Before Special Jury.

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J %NILS RNEWSTIR, leStj• SLWELL AND SMOOTHY.
Till* was all action for a 1i;/el. The declaration stated,
that before the grievances committed ti the defendants
therein-after mentioned, the !Amnia hAd been insured
in the Essex and Suffolk Fire Insiirasice Society, for his
house and premiws, and mat a fire having happened
thereon, he hail received a compensation for the same,
front the said Soctetv, and that the delendanis contrivin4
and intemlim; to injure him, &c published a malicious
libel, of and concerning luul, imputing that he had
falsely stated his loss, and hail received a greater coin-
pen,ation than was fairly due to him, from the said
Society.
The defendants pleaded, first—Not Guilty, and, se•
cond—a justification, that the supposed libel was true.
The plaintiff replied, that the iLreimants had pub-
lished the libel of their own wrong, on which issue was
joiurd. The datia.rAes were laid at 5,0001
This case excited very general interest in the county,
on account of the opulence and respectability of boils
polies. At the last Assizes the case was tried before
the sauce Learned Judge, but the plaintiff was notistiited
ilium a technical 'mint totally independant of the metits.
Tile Court of King's Bench having granted a new tri3l,
the case now came on in lie disposed of upon the merits.
The cause was called tin yesterday alit moon about one
o'clock, and alter the Court had been occupied until
near eight in the evening, the further proceedings were
adjourned until lino{ morning, when the trial was re-
sumed, and it did not come to a conclusion until four
o'clock this aftergoon.—>•l'he uncoutntou length of die
proceedings renders d impossible to give any Ming inure
than a Ariel) tit tit gase.

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The plaintiff was a respectable Magistrate, residing at
lialstud, in this county ; the defendatits were also men
of a respectable station in society, and were I)irectors of
the Essex and Sufidk Fire hiStfraliCe Company, the
official business of which was conducted at Colchester.
Both defendants were iteighlaiurs of the plaintiff. In the
month of September, 1813, a tire happened at the farm
of the plaintiff at Halsted during his absence, and consi-
derable mischief was done. The preinists hail been
insured in the Essex and Suffolk Fire (Mice to a certain
amount on each building, fk.c. bin to an moonlit much
less than the injury sustained. Next day Mr. Butler,
the Society's Agent, residing at Chelmsford, went over
to the farm fur the purpose of estimating the 3111ittitit of
the loss, and upon hits report the Society paid the plaintiff
the suni of 1.1071. 6.1. as a full compensation for the
injury lie had sustained upon each of the building, and
the farming stock and utensils insured respectively. The
total attlOtitit of the plaintid's loss was stated to be rattles
snore than I ,7001. At this time the defendants were
on the most friendly terms wills the plaintiff, and Mr.
Isaac Sewell, the son of the defemlabt, Mr. Sewell, was
clerk to the 'tench of Magistrates at Halsted, having been
appointed II) his shoat by she plaintiff. Up to the au-
tumid of 1816, no doubt was entertained of the fairness
001 the p.aintiff's claim for the loss he had sustained,
but in the month of S lumber in that year, Mr. Isaac
Sewell haying married a daughter of Mr. Daniel, an
attorney at Colchester, with whom he was about to en-
ter into copartnership in business, he nos desirous of
disposing of his professional practice at Halsted, for
asittr.:ll he had agreed with a professional 6eutleinati at
the price of lAtarl. Distil condition that the latter should
succeed him w his office of clerk to the Bench of Ma-
gistrates. The plaintiff haring refused to nominate the
grittlettiao pAposed as a successor to Mr. Isaac Sewell
in that office, the treaty was broken ow, and vont-
qiiently the latter lost ilie &tumor for which lie had
stipulated. Tu this circumstance was am:jibed the lief-
itig of hostility no the part of the defriulatti, r.Sewell,
w..teli produced the find in question, for, subseroentlY
to this period, the defendants, and Mr. Isaac Sewell,
who had also become a Director 01 the Fire-office,
caused an inquiry to lac made solo tile circuity:Lances of
the plaintiff's fire, which had happened in 4113, and
after various discussions nu the subject, the defeildants
its the result Wilt a letter to the plaintiff on ifte 266 t of
Jattuaty, tit 19, signed by both, callus tipp.:l 'hint to
atlistver cert.siti accusatimis touching the orkinn for loss,
which he had made, and using strong tertsr.of reproach,
hint of dishonourable, unfair, awl fraudulent
lON-2 rd; she SIICIety, its Saving feceivell aunts
Iffimey for il,triieuilar Mills specified, to which he was
tsar entitled. Du a subsequent coutimmicat ion they sent 1
hint tit the particulars ot the of to dime items,
gut log 'Mir 1t.41.a11S why they ought not to have been
41 lowed, said req.iirinz him to defend hits conduct before
Ills Directors of ilw Society. plaintiff sent an an-
swer of slimly indignation at the accusation brought
aaainst hum, and his comlnet to the trust strict
scrimity. IL Was stated as imeof the teasons accounting
for this eittr.soriliii try conduct pi the defendants, that
they had dents ed their iniminalion 'Nichol,: the alleged
fraud of the plaintiff, from a discarded baild taus, named
Newman, who had since become a servant to a lady to
wl lie defrodant, M r. S111(1(114. was trustee and Imo-
lilef m law, amid wile had repeatedly used threats towards
Isis late master. sliest the autumn with which the
libel iii quest Kill was published, it was proved that Mr.
had ponlicly *hewn or read copies of the paper to
different companies of persons to whim the plailitilf was
josowti ; had seal copies of it to friends of .he plaintiff,
mid other, and bad e'en in a public stage coach brought
the plaintiff's supposed fraudulent conduct into con.
arraation, amongst 'lessons armlet rs to hilts, and benue
vottotia he devised him of fraudulent and dishonourable
comities towards die Fire-office. Isle. Sewell watt stated
In be a gentleman of atosiderable substance, although
hie had brought tip a family of Ifs children. This was
use outline of the planitill's cam