The National Register.
London, England, 1817-07-14 00:00:00

COOK L. MAXWELL, ESQ•

This was an action of tresspass and false imprisonment, and also to
recover a compensation in damages fur the destruction of the plain-
till's property by the defendant. The case proved was this: The
plaintiff had been a settler on the Rio Pontes, on the coast of Africa,
so the year 1814 at which time the defendant, Colonel Aliexwell, etas
governor of Sierra. Leone. In the month of February in that year,
.the defendant sent an expedition under the command of Major
Appleton, to the Rio Pontus, about ninety miles from Sierra Leone,
and nut within the defenticntsgovemnient, for the purpose of putting
a stop to the slave trade, then suposed to be going on in that territory,
notwithstanding the British laws of prohibition. The plaietiff was
an AnietiCan su'iject, and occupied a factory at Rio Pontes, con.
tviiiing property to the amount of io,oool. sterling, which he had
purchased of another American subject some years previous. The
territory belonged to once( the Native Powers. On the arrival of the
expedition. hostilities were immediately oonmaaiced with vigour;
the plaintiff's factory was destroyed by fire. his moveable property
cunhseated, and lie himself carried a prisoner to Sierra Leone,
where he was left in confinement even atter the authority of the de-
fendant was s'ipreeeled. lie was afterwards :kilt home by the suc-
ceeding gore:lure to England, in custody, and upon his arrival,
which was at the expiration of twelve months captivity, he was
liberated by order of the British Government it appear.
el, that the defendant had, as governor of Sierra Lcone, rereiveel a
share of the prozeeds of plaintiff's property taken at W.) l'ontus.
For these grievances the present itction was brought—The topics
suggested in behalf of the defendant in mitigation of damages were,
that he conceived himself authorised in the conduct imputed to him,
by the late Act of Parliament, which made it felony for British sub-
jects to traffic in slaves—that imagining the plaintiff to be a British
subject, and carrying on this illicit trade. he had treated him as a
person who had subjected himself to the penalties of that law.—Mr.
Justice Bayley was however, clearly of opinion (and charged the Jury
to that effect), that in all events the defendant was not justified in
proceeding against the persons and effects of parties residing out of
the territory placed under his command. Here the plaintiff was
residing in • distant settlement, not under the authority of-the
defendant, and consequently the latter was liable, as well for whet
had been dune under his immediate orders, as fur the subsequent
'detention of the plaintiff's property. That which had been destroyed,
should be estimated out of Court.—The Jury, under the Learned
Judge's directions, found a verdict for the plaintiff, or false imprison.
mein, diunagei 1000 J. ; and for the property. damages 19,000 L subject
to a reference.

SECONDARY'S COURT, Jut 6.

CR IM CON-KF:NOT. C. sonrELL

This was an inquisition to assess damages in an action
brought against the defendant for criminal conversation
with the plaintiff's wife, and in which the defendant had self-
fere(' judgment to go by default.
Mr. Brougham, for the plaintiff, stated the case to the
Jury. Tho plaintiff, Mr. Kent, was a Lieutenant in the 21st
regiment of Dragoons. In the year 1804, Mr Kent was
married to his present wife ; she was a young lady of great
beanty, of elegant accomplishments, and most prepossessing
manuers. Iu the year 1807, lie was under the necessity of
proceeding to she Cape of Goad Hopei to join his regiment,
which hail previously been sent out to that colony. On this
occasion he did not leave his wife behind him ; they sailed
in the saute ship. 'the defendant heltathe rank of A djuitant-
General of the forces at the Cape. An intercourse, therefore
utast have exiiitesi between the plaintiff and the defendant :
and that iidercouse which the duties of. the service at first
rendered necessary, afterwards grew into one of intimacy
and friendship. The defendant, Colonel Sorrell, was a con-
stant attendant at all of the plaintiff's parties. In the mean
time Col. S. pretended to ewe; fain an uncommon degree of
triendallip for the plaintiff, and made hint repeated otters of
using his interest to obtain promotion for him in the arms-.
Col. S. was, or at bast was understood to be, an unmarried
man ; he was 46 years of age ; he was 'a man of grave and
serious 11181111CrT, having no appearance of being addicted to
gallantry. Iu this state of cordial intet course the pat ties con
tuned to associate with each other until the year 1511, v. hen
the private affairs of Mr. Kent required his preisetire in
. England ;and, for that put pose. lie obtained leave of.abselice
for six mobil's. Mr. K. had not the slightest Suspicion tif his
wrft's infidelity; nor was there any evidence to show, or
reaams to believe, that any criminal intercourse li tel. taken
place het-wren her and Col. S. -during their lesidenceat the
Cape. Re must have been for n length of tone, howes vs.,
carrying on such an artful and secret system of seduction,
nc *t length induce:4oe unhappy woman to cotiatait PT the
guilty arrangements which lie formed for the ultimate rum
pleticoi of his execrable purpose. One of these illrair2emeati
was, that on the at livid of Mr./Kent iu Eitgland. shat slitaild
immediately eittpe front her !Instant!. and place herself under
the protection of a friend of Col. Sorrell. Mr. Ki nt cm-
. barked with his family en board the Boadicea F, jeans. To
the very:moment his departure from the Cape, Col. Sorrell
eoutimied his professions of friendship, frail just before lie
sailed, gave hia- a very handsome letter of introduction am!
recommendation to Sir 11. Torreus, Secretary to the Com-
mander-in-Chief.
.121iis was a complete anknowledgment on the part of the
defeadret, under his ownihand, that the plaintiff was wor-
thy of the notice of the Cisminander-iti-Cliief, and a titan
against whose character no imputation could lie. Bat to
thew the abominal;e thiplieity :tad treadle, y of this defen-
dant, the saline ship which cunveyed that letter, did also con-
vey another written shoat the same time containing senti-
ments the very reverse, and insinuating that the plaintiff
was a character unworthy of possessing such at woman as his
wife. Phis letter svas addressed to Cal. Shaw in England,
and was as follows :--
"The favour, my dear Shaw, which I have to ask yan re-
lates to a female, who in every point of family and personal
qualities, is entitled to consideration and esteem, and between
whom and myself an attachment ha, taken place not to be
effaced. Nita well remember Mrs. Kent of the 21st Light
Dragoons, whom yon knew, and frequently saw at General's
still, Mrs. Austin. lam sure that I can acquit myself litany
intentional intrusion upon domestic ef-mections ; bta.where
there is no affection I:et wren luau and w ifs, the opportunity of
doing kindotliceh fora female frequently produces attachment.
1 cannot here detail circuttistanees of ;IccoFia delicacy, which
compelled me in this case, iu which every tiding of ley heart
and maid is involved, to have recom se to the aiil of a friend.
All shall be told you hereafter. I can only say on paper, that
K. has got leave to go home, and sails with his family in two
days, in the Boadicea frigate, ('apt. Lord Nesllle, who gives ;
thema passage. I cannot get a passage POW though I have
made every effort ; but I havegot leave uf 31;Stellt*, aml 31'411
come by the nest ship. Now, my dear Skaw, such is the
case, that she may be so situated as to regent e the support of
e friend in the interval between her aerie .1 and mine, so fair
as to procure fur her an asylnai with a female, In which she
could remain quiet in perfect retirement till I errive. ~et
Inc beg this assistance ama your slt,l has
letter with her, and will only forward it in ease necessity rt
quires; and it will thus be accompanied by a note from her-
self, to say whore she is at Una:llona:at. Yost aced oily up.