The National Register.
London, England, 1820-07-16 00:00:00

THE NATIONAL REGISTER.

Mr. Scarlett then addressed the Jury on the part of the
defendant, and submitted that the plaintiff was not en-
titled to damages, inasmuch as he had not paid that
attention to his wife which he ought to have done, but
had, on the contrary, affurded opportunities for an im-
proper attachment being formed between her and Capt.
Del mont,quite forgetful of the disparity there was in the
age, of himself and Mrs. Campbell, and how much
inure suitable the union between her and Capt. Delmont
would have been.

The Chief Justice summed up, and the Jury found a
verdict for the plaintiff—Mmages 5001.—Costs 4os.

COURT OF COMMON PLEAS.

ORME. V. ATTLEY, SMITH, GAITSKELL. & rout OTHERI
(Brim. Mr. AdiCC Park and a Six. 'A Jury.)

This was an action to recover damages for an injury
sustained by the plaintiff, in consequence of a combina-
tion entered into by the defendants, who are malt distil-
lers and rectifiers, to deprive him of his situation.
Mr. Sergeant Vaughan stated the case for the plaintiff.
The defendants a body of affluent men, had thought lit
to enter into a conspiracy to raise the price of spirits.—
They assembled together to raise the price of gin. After
some discussion, they fixed it at twelve shillings per
gallon, and passed a resolution, that any agent or servant
who should sell under that price should be discharged
by his employer. The plaintiff had been formerly a
distiller of respectability, but having failed in business,
was obliged for the support of his family, to enter into
the inure humble though not less responsible situation
of agent for the houseof Langdale and Company. Mr.
Langdale found it necessary, while the plaintiff was in
his service, to deviate from the course enjoined by the
authority of the committee 'of distillers; and finding
that it was answering his purpose to dispose of his stock
at a reduced price, authorised the plaintiff to sell his
gin at ed. a gallon under price. Mr. Langdale, being a
rectifier, was obliged to apply to the delendants for a
' supply of raw spirits; hut the body having ascertained
that their resolution was infringed, assured him that
unless he dismissed Mr. Orme he must carry on his
business without any aid upon their part. Mr. Lang-
dale, who had the highest opinion of Mr. Orine's inte-
grity and talent, from which he had already reaped con-
siderable advantage, remonstrated with the committee
upon the cruelty of depriving a man with a large family
of the means of bread; but the remonstrance produced
no effect except general expressions of regret at the un-
avoidable consequences of the clerk's disobedience. In
the end ill r, Langdale was compelled to discharge the
plaintiff, who was a loser by that event of about 1,0001.
a year. The plaintiff's receipts in one year for the
house amounted to 120,0001. and he was allowed Id.
per gallon commission upon the quantity of spirits dis-
posed of. Fur this injury the plaintiff now sought com-
pensation anti damages.
Martitadtike Langdale, examined by Mr. Sergeant
Taddy, said, that, in 1818, lie was a rectifier of spirits.
In 1817 he had taken into his service Mr. Orme, the
plaintiff, who was extremely well acquainted with the
business, and to whom he gave a commission of Id. on
each gallon he disposed of. Time plaintifFs profits in two
years amounted to 2,0761. 4s. Id. Mr. Hodges was a
rectifier. Mr. Smith was an ostensible rectifier; he bc-

lieved him also to be a malt distiller. Mr. Booth and
Mr. Gaitskell were also rectifiers. When witness took
the plaintiff into his house there was no spirit committee.
Every person sold as he pleased. He received z paper
front the Secretary, dated the ygth of June, ISIS, ex-
pressing the resolution of the Committee that the trade
should nut sell gin less than I Is. tid. a gallon. The
paper also contained an amount of the penalties to
which a violation of the resolution would be suhject.—
One affected the clerk or agent who should sell spirits at
an under price, by directing his itnmediate dismissal.
In December ISIS, another resolution passed directing
that gin should not be sold under les. per gallon after
tote 19th of that month, and that all contracts entered
into in contradiction of that rule should be erased. In
consequence of this regulation he erased from his books,
on the 21st of December, 70 pipes (Agin. In the begin-
ning of 181 g, finding that trade was very slack, be was
obliged to make sales tinder price ; and in June, 1819,
Mr. Orme, with Isis consent, disposed of some gin to a
publican, !tamed Wright, at exl a gallon under the este-
, !dished price. He also agreed with four rectifiers to
hullo), gin at 2d. per gallon under the I 2s. It was on
tile I Ith of June he sold the spirits to Wrigia' and at
the latter end ofJuly he was summoned before the com-
mittee. Mr. Attley, este of the defendants, produced a
31. note in his presence, and said that Mr. Orme bad
paid it to a Mr. Wright in the course of a dealing, itt
opposition to the rules of the committee, and that Mr.
Orme must be discharged. All the defendants were
present. Witnesses begged a fortnight's delay, to come
to arrangements with Mr. Orme. Mr. Sibith and Mr.
Booth objected to this indulgence, but the other lit e
agreed to it. Nlr.Ornie had six or seven thousand pounds
to receive that week for him, was an excellent chat acter,
and extremely conversant in the business. Witness was
OM, c pact! to part with Mr. Orme in consequence
of the threat that the malt distillers would no longer
supply hint with the raw material. Ile was in the habit
of dealing with Messrs. Ailey, Leader, and a brattier of
his. The ground mt which Nis. Orme was ()Meted to
he discharged was his money transactions with Wright.
There were lint five malt distillers in London: thine
were about a h lied rectifiers.

Cross-examined by Mr. Sergeant Leks.—'flic malt
distillers paid a duty to Government. and sold to the
rectifiers, who paid no duty. The malt-distillers had,
in general, excellent capitals. lie believe:l Linn capital
was upwards of a minim'. The rectifiers hail less
capital, and reipiired less. Mr. Smith, NI r. Rooth, and
Mr. }lodges, [mike through the established rule on the
19111 of December. One said he coil Id not go on be-
cause there was not spirit enough : another, because
there was not water enough, since the resolution had
becu carried into t fleet, lle understood :1 to be one of

the resolutions of the committee that he should not
have spirits till he discharged Mr. Orme. The malt
distillers raised the price as they pleased, without hay.
ing any communication with others. These was less
profit to the concern after the departure of Mr. Orate
than during his stay. The insolvency of the witnesses'
house was not produced by this niode of underselling.
Mr. Orme had but two bad debts during the whole of
the time. His return was above 240,000 gallons per
annum, and the amount of the bad debts was 1621.
Witness could afford to sell at the under-price, for his
profits were ttl. per gallon, notwithstanding the state tat
reduction.
In answer to a question from the Judge, witness said,
that it was in consequence of what passed from the
committee that he dismissed Mr. Orme. lie had sup-
posed that the committee would have passed it over.
Mr. Paine, brother-in-law to the plaintiff, said, that
Mr. Attley and Mr. Anderson called upon him in July,
1819, and told him that Mr. Orme had been undersell-
ing in the price of spirits ; the committee having learn-
ed this, they feared it would be nesessary to discharge
him.
Mr. Orme then made a very strong appeal to Mr.
Attley, and expressed a hope that lie should not be
singled out an objett fur punishment. Mr. Attley said.
he must be disc:iarged, any thing else was iinpassihle.
He then said, " Mr. Langdale, can I go to tha coin-
mittee on Monday, and say Mr. Orme is discharged?.
Mr. Langdale, eviden ly aflected, said, " You may, sir,
but not with my consent."
The resolution of the committee was then produced
in \dos:ince, as already stated.
Jiltsn Wright, a publican, was the last witness.
Mr. Sergeant Lens, for some of the defendants, con-
tended that rmthing in this case trenched upon the law.
The defendants had joined in proposing the best securi-
ties for the protection of an immense property, to en.
danger which might be the source of great public lose.
If Mr. Langdale dismissed his clerk from fear or any
other motive, it surely could not be construed into the
act of those gentlemen. if the clerk had a right to
complain, it was of his master; and if he sustained any
pecuniary injury, it was the duty of his master to cont•
pensate him.
Mr. Sergeant Cross spoke for the other defendant.
The Jury consulted for a few minutes, and returned
a verdict for the pl ' '6
—Damages 1,5001.

The following is a espy' of the Petition presented
last week to the House of'Comtnons, by Sir James
Mackintosh. We trust that it will meet the atten-
tion it deserves, and that while such laudable efforts
are making to reform and improve the discipline
of our prisons, the claims, the just claims of the
Sheriffs of Norwich, in behalf of those unfortunate
individuals who are committed to their custody, will
not be overlooked, or sacrificed to the selfish wishes
of a trumpery corrupt Borough.
To the Honourable the Commons of the United Kingdoms
of Great Britain and Ireland. The humble Petition of
HOBIRT Irlawass, Esq. and EDWARD Tavr.uw, Esq.
Sheriffs of the City and County of Norwich,
Slieweth,
That the Summer Assizes far the County of Norfolk,
are held at Norwich, but the Stiring Assizes being held
at Thetford, only one General Gaol Delivery for the said
city takes place in the year, and that persons charged
with capital felonies are thereby subjected to a protracted
and unnecessary tune of imprisonment betote trial.
That your petitioners have new in their eustody the
following prisoners' all of whom would have been tried sat
the last Spring Assizes, if they had been held in this
City, as will appear by the dates of their respective com-
mitments.

Benjamin Rumball, committed Sept. 11, 1819.
Benjamin Morrison - 30, --
George Rattvick - 30, ---
Rubel t Fronts Oct. 0,
Laze Smith
Henry Wright ....
George Russell -
Martz Okra ...... Feb. 8, --
Your Petitioners humbly pray, that your Honourable
House will take this subject into your setious conside-
ration, and they are encouraged to I,upe. that the same
regard to the prompt and equal administration of justice,
which has dictated an alteration in the times of holding
the Assizes in the Northern Counties of thi, kingdommil
obtain for the Citizens of Norwich the enjoyment ut
right, which is now possessed by neatly all the inhabit-
ants of the Empire.

We learn by letters jest recciVedii.Tri
dated June the sth, that the expedition which left St. John's
in the autumn of last year, under the direction of Capt. Bu-
chan, (Whir Majesty's shiii Grasshopper, having for itsohjeet
to open a COMll.llilleatioll with the Aborigines of the Island,
he way of the Bay of lisplotts, had failed, unit that that
skilful and intelligent officer is ith his persecerini; companions
had returned. It appears that the Grassl.apt,' ha. in
►eached the river, from St. John's, in December last, it a+
housed over, and made secure to enable the persons left on
board to encounter the inclemency of a Nenfouiall.thcf
winter. Mary March, the female wive Intl an prisonci„
is 110 WaS to have been the medium of communication with
her native friends, died on board the Grasshupp. r before the
expedition could set out frou the Bay sit Exploits. All. ut
the middle of January, Captain Hoehn'', Mr. Charles C.
Waller, Midshipman, the Boatswain, and about bitty met.,
proceeded with sleighs on the ice, containing their provisi-
ons, Ace., as also the bosh of the tensale laden') ; runt the
spot having been pointed
Who accompanied the e cpedition), whs. a the reticonire Godk
place between his party and the Indians, whin the husli.o.d
of Mary March was kited, her had), ornamented with Irio.•
kets, was deposited alongside that of her husband. Capt.
Buchan rinitintied a research of upwards of 40 days, bat w N.
ooh able to discover the sliektest trace of the uat is e Inaotes.
Whether they bad 'led to some other part of the Island, ins
had beets esterminnied by the Esquimau: lothrins, who to
obtain the fors with which they. are ...seised, are known hi
invariably. murder them at every oppot to tidy , coul 1 oat lie
ascot:tined ; but it appealed us.sless to tom:. ea any fortis r
iu the seal k h.