The National Register.
London, England, 1820-07-17 00:00:00

THE NATIONAL REGISTER.

Mr. Scarlett then addres::ed the Jury ois the part of the
defendant, and submitted that the plaintiff was pot 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, afforded opportunities fur an im-
proper attachment being formed between her and Capt.
Delmont, quite forgetful of the disparity there was in the
ages of himself and Airs. Campbell, and how much
more suit:side the union between her wit( Capt. Delmont
would have been. _ _ _

The Chief Justice summed up, and the Jury fnund a
verdict for the plaintiti—Damages suo/.—Costs 4us.

COURT OF COMMON PLEAS.

ORME. P. ATTLEY, SMITH, GAITSKELL, & TOUR OTHERS.

(Blybre Mr. Justiec Park and a Special Jury.)

This was an action to recover damages for an injury
sustained by the plaintiff, in consequence of a computa-
tion entered into by the defendants, who are malt distil-
lers and rectifiers, to deprive him of his situation.
Mr. Sergeaot Vaughan stated the case for the pla;ntiff.
The defendants a body of affluent men, had thought tit
to enter into a conspiracy to raise the price of spirits.--
They assembled together to raise the in of gin. After
some discussion, they fixed it at twelve shillings per
gallon, and px,sed a resolution, that any agent or servant
who should sell nutlet that price should be discharged
by his employer. 'The plaititiff had been formerly
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 homeof 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 2d. a gallon under price. Mr. Langdale, being a
rectifier, was obliged to apply to the defendants for a
supply of raw spirits; but the body having ascertained
that their resolution was infiinged, assured him that
unless he dismissed Mr. Orme he must carry en his
business without any aid upon their part. Mr. Lang-
dale, who had the highest opinion of Mr. Orme% inte-
grity and talent, front which he had already reaped con-
siderable advantage, remonstrated with the committee
upon the cruelty of depriving a mail 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 cud Alr. Langdale was compelled to discharge the
plaintiff, who was a loser by that event of about 1,0001.
a ytar. The plaintiff's receipts in one year for the
house amounted to 120,0001., and he was allowed id.
per gallon commissiou upon the quantity of spirits dis-
posed of. For this injury the plaintiff now sought com-
pensahon and damages.
Alarmatluke Langdale, examined by Mr. Sergeant
'Faddy, said, that, in 1818, he was a rectifier of spirits.
In 1817 he had taken Min his service Mr. Orme, the
plaintiff, woo was extremely well acquainted with the
business, and to whom he gave a commission of id. on
each gallon he disposed of. The plaintiff's piofits in two
years amounted to 2,0761. 4s. Id. Mr. I lodges was a
rectifier. Mr. Smiths was an ostensible rectifier; he be-
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 lie pleased. He received a paper
from the Secretary, dated the 29th of June; 1818, ex-
pressing the resolution of the Committee that the trade
should not sell gin less than Its. 011. a gallon. The
paper also coutamed an amount of the penalties to
which a violation of the resolution would be subject.—
One affected the clerk or agent who should sell spirits at
an wider price, by directing his immediate dismissal.
In December 1818, another resolution passed directing
that gin should not be sold uuder 12s. per gallon after
the 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 Deceinner, 70 pipes of gin. In the begin-
ning of 1819, finding that trade was %cry slack, he was
obliged l 0 make sales under price ; and tit Jour, 1819,
Mr. Urine, with his consent, disposed of some gin tes
publican, named 11. right, at 2d a gallon under the esta-
blished price. Ile also agreed with four rectifiers to
supply gin at 2d. per gallon under the 12s. It was on
the l ltli of June he sold the spirits to Wright, and at
the latter end ofJuly he was summoned before the com-
mittee. Mr. Attley, one of the defendants, produced a
51. note in his presence, and said that Mr. Orme had
paid it to a Mr. Wright in the course of a (haling, itt
opposition to the rules of the committee, and that Alt.
Urine must be discharged. All the defendants were
present. W:ines%es begged a fortnight's delay, to come
tit arranacensents with Al r. Dime. Mr. S rich and Alt.
Booth objected la this indulgence, but the other five
agreed to it. Mr.Oritie bad six or se% en thousand pounds
to receive that week for him, was all eXCellelll character,
and extremely conversant in the business. Witness was
thus compelled to part with Mr. Dime iu etnistapience
of the threat that the malt distillers %%mild no longer
suppl!. Inns with the raw matenal. Ile %vas in the habit
of dealing with Messrs. Attley, Leader, and a brother of
his. The glollllll on which Mr. Untie %la,. ordered to
he discharged was his money transactions with Wl:ght.
There were butt five malt distillers in Loudon: there
were about a hundred rectifiers.
Cross.exumined by Mr. Sergeant Lets.—The malt
distillers paid a duty to Government, and sold to the
rectifiers, who paid no duty. The. Walt-distillers had,
in general, excellent capitals. He believed their capita!
was upwards of a million. The rectifiers had less
capital, and required less. Mr. Smith, Mr. Booth, and
Mr. Hodges, broke through the establiseed rule on the
19th of December. One said he could not go on be-
cause there was not spirit enough : another, because
there was not water enough, since the resolution had
been citified into effect, He understood it to be one of

t3l

the resolutions of the COMMILIee that he should not
have spirits till he discharged Mr. Orme. The malt
distillers raised the price as they pleased, without hay.
itig any conummicanott with others. There was less
profit to the concerti after the depatture of Mr. Orme
than during his stay. The insolsency of the witnesses'
house was not produced by this mode of underselling.
M. Orme had but two had debts during the whole of
the time. Ills return was above 240,000 gallons per
annum, and the atnomit of the had debts was WO.—
Witness could AAA to sell at the underlirice, for his
profits were 4d. per gallon, notwithstanding the state of
reduction.

In answer to a question from the Judge, witness said,
that it was in consequence of what passed from the
committee that lie dismissed Mr. Orme. He hail sup-
posed that the committee would have passed it over.
Mr. Paine, brother-in-law to the plaintiff, said, that
Mr. Atticy 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 coinminec having learn-
ed this, they feared it would be necessary to discharge
him.

\1 r. Orme then made a very strong appeal to Mr
Attley, and expressed a hope that he should not be
singled out an object for punishment. Mr. Attley said,
he must be discharged, any thing else was impossible.
He then said, " Mr. Langdale, can I go to the com-
mittee on Monday, and say Mr. Orme is discharged?
Mr. Langdale, eviden ly affected, said, " You may, sir,
but not with my consent."
:file resolution of the committee was then produced
in sub ranee, as already stated.
Jolt Wright, a publican, was the last witness.
;It. Sergeant Lens, for some of the defendants, con-
tended that nothing 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 loss.
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 com-
pensate hint.
Mr. S..rgeant Cross spoke for the other defendant.
The Jury consulted ior a few minutes, and returned
a verdict for the plaintiff—Dainages 1,5001.

The following is a copy of the Petition presented
last week to the House of Commons, by Sir James
Mackintosh. IVs trust that it will meet the atten.
tion it deserves, and that while such laudable efibrts.
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
ROBERT lIAWKE,, Eilq• mid EDWARD TAYLOR, Esq.
Sheriffs of the City and County of Norwich,
She well',
That the Sommer Assizes for the Comity of Norfolk,
are hell at Norwich, but the Spring Assizes being held
at Thetford, only one General Gaol Delivery for the said
city takes place iu the year, and that persona charged
with capital felonies are thereby subjected to a protracted
and unnecessary time of imprisonment before trial.
That your petitioners have now in their custody the
following prisoners, all of whom would have been tried at
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.
Benjamia Afarrison - 30, --
George llnisvick -
Robot Emms Oct. 0, --
Lane Smith -
Henry Wright ......... Jan. 15, 1630.
George Rubsell -
Mark Okes

Your Petitioners humbly pray, that your Honourable
House s ill take this subject into your serious couside•
ration, and they are encouraged to hope, that the same
regard to the prompt and equal administration of justice,
which has dictated an alteration in the tiDleS of holding
the Assizes in the Northern Cimuties of this Kingiloni,wia
obtain for the Citizens of Norwich the enjoyment of a
right, which is now possessed by nearly till the inhabit-
ants of the Empire.

We !enmity lettersjust received here host Newfoundland,
dated JIM! the :ale, that the expedition which left St. John's
ill till autumn of hint year, tinder the ditection of Capt. Bu-
chan, of his Majesty's ship Grasshopper, having for its object
to open a communication wed' the Aburi4ines of I iie 'shoed,
by way of the 11:13 of Cx plaits, hod failed, and that Itiat
skilful and intelligent officer us itli his 'terse. (aim; comoanieuar
Lad returned. It up pears that tie Crass/iJppt, having
leached the river, from St. John's, in D,3 ember laa, nue
housed over, and made secure to enable the per.oo. left on
Muted to cut-minter the incletneticy of a Nen tomiditilld
winter. 'Mary Mitch. the female native lode pi lair, )))))
who was to have been the medium of cnnuuunicntiou with
her native friends, died on %Ma ri: the Gra.ohopp,o• before the
expedition could set out frt.in the lily of P;xilidits. Ab, ut
the middle of Jantatiy, Capin, Buchan, Mr., (Amara C.
IValler, Nlidshipman. the Itoatsw aim, and Monet sixty men,
proceeded .5 itli sle.,lis on the ice, cunlai.:ina liar prosui-
nrs,
Cc., as also toe body of tiie female ; unit the
spot has ins; Ih. n ;mimed out by Mr. Peyton (a in, ri- ha tit
55 Ito aecom panted the e lied ition ), atie., the rem:olllre took
place luxtvecii bit party 1111:1 the Indians, when the husband
a Mary March was titled, her hotly, mviamented with inn.
kets, 55 a. deposited rtloni:,side that of her hushand. Ca:4.
Buchan oo:tinned a research of upwsirtls or 40 days, hat Si:.
not able to dtecover the sli.4 blest trace of the maitre leidians.
Whether they MO ded to s owe other pail of the I.luud, ors
had been exterminated by the Esquimau x Ititlaros, whin t 3
obtain the furs with WIIIC t hey are %ewereed, ar, k•'uou in
invariably murder the in at every oppot [unity, cold I II ut
ascertained t but it appeared us:lebs w pruc,el Cath.
in the 'catch.

en

laocitdcript.

'LONDON, MONDAY, JULY 17.
Three olluck,

PARLIAMENTARY INTELLIGENCE.

HOUSE 01: LORDS.
SATURDAY, JULY 13.
The Royal Assent was giver by Commission to the Lottery
Bill, the Irish 'lrcasury Bills Bill, the Consolidated Funds Bill,
and fifty four other public and private Bills. The Coiamissioners
were the Coed Chancellor, the Marquis of Camden, and Lord
Shaftesbury
Several Bills were brought up from the Commons and read a
first time.
The Bills sin the table were forwarded • stage. After which
their Lordships adjourned to Monday.

'HOUSE OF COMMONS.
SATURDAY. JULY 1.5.
After threeo'clock the Deputy Usher of the Black Rod. Mr.
Quarme, summoned the House to attend incite !louse of I.ords
to hear the Royal Assent given to sundry Public and Private
Bills.
Mr. D. GILBERT presented the Report of the Turnpike
Trusts' Bill. Agreed to, and Bill ordered to be read a third time
on Monday.
THE NEW BARRACIS.--The CHANCELLOR of the
EXCHEQUER moved that the Report of the Barrack Agree-
ment Bill be brought up.
Mr. CALCRA l' said. he should objest to the bringing up of
the Report in so china House.
The CHANCELLOR of the EXCHEQUER remarked, that
the Bill could beopposed on the third reading.
Mr. CALCRA replied, that he knew how many stages
there were in tho Bill as well as the Right lion. Gentleman; but
he should resist the presentation of the Report when there was
so few Members in attendance.
The CHANCELLOR of the EXCHEQUER then moved,
that the Report be presented on Monday.
The Malt Duties Allowances Bill (Scotland), &c, were severally
it used through their stages.
MCQUEEN'S SERVICE OF PLATE.—Dr. LUSH INGTON
INS sorry that the Secretary tor Foreign Affairs (Lord Castle-
reagh) was absent ; but as notice of such motion had been given
to his bordthip, lie hit bound to bring it before the House.—
His late Majesty in 1808, presented the then Princess of Wales
with a service of plate, which her Majesty continued to use
until 1814; and on quitting the country at that period, her
Majesty delivered it up to Mr. Marsh, of the Chamberlain's
Department, for safe custody. On her return her Majesty
caused application to be made for it; but lie regretted to say
that the Noble Lord at the head of the Chamberlain's Depart•
menu had refused to comply with the request and return the
pi :de; alleging that it was the property of the Crown. Her
Majesty naturally enough telt herself aggrieved, and little
expected to have opposed to her in such a matter the nice points
of etiquette or of law. The Queen, in addition to the numberless
insults and ignominies to which slie had been exposed. was not
prepared for this last petty, law insult.—(Cheers.)—.He trusted
that Ministers would not shrink from acknowledging a proceed-
ing which he thought every individual in the land would view
with indignation.—(Hear !) He imagined that the whole of this '
transaction could not' be known to the confidential advisers of the
Crown ; if it were, he knew not how to reconcile their practices I
with their professions of liberality towards the Queen_ He then
tamed for copse* of all papers respecting this service of plate.
Mr. HOB HOUSE seconded the motion.
The CHANCELLOR of the EXCHEQUER expressed his
regret that it should be deemed adviseable to make this motion
in the absence of hat Noble Friond. It was. however, undoubt-
edly true. that a service of plate was ordered her Majesty,
while residing at Kensington Fia= ; but it was paid for out of
the Lord Chamberlein's Department, and as such was deemed
the property of the Crown. He complained of the sudden man-
ner in which this business was brought forward ; some notice of
it ought to have been published, for a notice to an individual was
no notice to the House. He trusted that. instead of the motion
being pressed, what had reseed might be considered as a notice
for Mooday.—(Hear, hear!)
Dr. LUBHINGTON said. as he was thus assured of having
time. he had no objection to withdraw the motion. He had no
wish to take the House by surprise.
Motion withdrawn, and notice given for Monday.
Some Bills respecting the Stills and Illicit Distillation (Ireland)
were tin.
Mr. BRIGHT presented a Petition from ;'r. James Mills,
who described himself as a British Freeholder. The Petitioner
complained Odle public burthens and wasteful expenditure, arid
stated that,in the course of the last reign, no less a sum than
8.800,000,0001. was raised on the people. This expenditure, and
the evils of which the people !tad to complain, originated in the
manner in which the present House of Communs was constituted.
By. the standing Orders of the House. it was a high breach of
privilege fur any Peer to interfere in the Election ors Member,
yet it was flotorioue that a majority of the Members were returned
by such influence. The Petitioner then proceeded to came the
several Peers, whom he said possessed and used such influence,
and enumerated by name upwards of two hundred Members
who were thus returned.amongst whom were Lord Castlereagh.
Mr. Tierney, 31r. Brougham, Sir James Mackintosh, and others,
most eminent in the House. He concluded by offenng to prove
the aHegatiuns of the Petition at the Bar, and praying the House
to expel the persons so elected, and to impeach the Peers who
have thus intet feted.
On the question for the Pethion being received, it was sup-
ported by Mr. Hobhouse. and Mr. Bright, and opposed by Mr.
Robinson, Mr. Serjeant Onslow, Mr. k)undas, Mr. Lushiegten,
and Mr. Lockhart, and finally rejected without a division.—
Adjourned.

LAW REPORT.

-COURT OF KING'S BENCH, GUILDHALL, Jur.v 13.
Da NOSSETT V. SIR T. MAITLAND.
This was an action brought by the plaintiff. Colonel
de Bosun' against the defendant, Sir Thos. Maitland,
brother of Lord Lauderdale, as Lord high Commissioner
oldie loilian isles, to recover a coot pensatiou it, damages
for the injury which the plaintiff alleged his character
had sustained, as an officer, by the conduct of Sir Thos.
Maitland, in having suspended and dismissed Colonel de
Bossett, by a public General Order. issued in Sept.i 817,
front the situation which he held in the lonian !ski, of
Inspector of Militia, that suspension being contrary to
thend.Artiele of War, woich states, that no Com-
mander in Chief on a foreign station shall cashier, dis-
Slii2s, or suspend any commissioned officer, unless with
the sentence of a.Court Martial, such sentence having
been approved by his Majesty, or by some persons au-
thorized uncer the Sign Manual to give such authority;
or by direction of his Majesty. such thremion being given
.through the Commander in Chief of his Majesty's army,
and no such order having beet, given by his '.VIAjeSly uu
the prestos gocaston. Tl3e order of the &titulars •, sus-