The Sun.
London, England, 1806-07-04 00:00:00

and it has been represented, that she has not been in-
vited to the houses of certain of the witnesses, whose
kindness has been discontinued on-account of a re-
port so:unfavourable to her reputatiOn. Ydu have been
rightly told, that this is not an adion for the Words
themselves; but if the words produce any detriment
to the party to whom they are applied,t he detriment
so accruing is the subject of an aaion, and you may
give a verdi& to the extent 'of 'the injury sustained.
Some personal violence has boin alluded to, but in the
present case you cannot take this into your considera-
tmn„ because it would be the nroper subjetl.of an
aelion of trespass, or of an indi'dment, and then the
offender would have been punished by the criminal
law of the country. The Only inquiry, therefore, be-
fore you is, ,the extent of the injury .she 'has, sus-
tained by the suspension of .these ads of kindness,
and you will likewise take into your view, how.far
she‘ and her friend, Mrs. Tadwell, may have been
instrumental in producing this disadvantageous effed.
I think her friends have- a6.ted discreetly in forbear-
ing to receive her until her name be rescued from
this calumny. What then is the measure of the
damage It seems that from September, 18114, to
the date of this-recOrd, in June, t soy, Plaintiff
might have been received into the, house of one or
more .of these friends, free of expence,
_either for
the whole or a part of that interval. You Will con-
sider. the matter, and apportion your verdia with
the'fit regard
.to those considerations.—nrdia for
the Plaintiff,- loot.

QUI TAM.-SPENCELY V. SCHULENBEtiG.

This was an aaion brOught to recover certain 'pe-,
nalties for usurious interest extorted from Scipio de
la Garde Marquis de Chambonas, a Grandee of
France under the ancient GovernMent, by the Count
:de Schulenberg, also a person :Of eminence in that
country. The Plaintiff Was a carpenter, with whom
the Marquis when pressed for the money which he
had borrowed had taken refuge, and who had brought
the aaton merely as a nominal Plaintiff; the Marquis
being the a- anal party.
The fa& 'Of adVances to the MarqUis by the De-
fendant, and ,of payments made, to him at an enor-
mous rate of interest, was clearly proved by the pa=
pens
.between the parties, though they.seemed alto-
gether rather to warrant the idea of a partnership of
a gambling' adVenture.
Lord ELLENBOIOUGH said, the. evidence went to
infer an illicit transaaion, importing a Ixcies of
partnership ; but whatever vice there might be in
such a contract, it certainly could not be construed
to amount to usury. .

The Plaintiff was accordingly nonsuited.

SPENCELY V. BERTRAND DE I:I9LEVILLE.

This was also a qui tam A6tiOri, founded on trans-
glions
.somewhat similar to the& in the preceding,
though it was not so apparent that the Defendant
was aware of the purpose to which the monies ad-
vanced by him was to be applied ;- but on the con-
trary, that he had believed the story .told him hy the
Marquis, of a mercantile speculation in which its
was to be employed, and which .would produce such
profits as enabled the Marquis to atfiard him the
enormous interest stipulated to be paid.
The only witness called for the Plaintiff was Jo-
Sephine Martean, who bad lived with- Marquis De
Chambonas during the course of the transactions
question. She detailed, with the greatest precision,
the ,money transa&ions, between the parties, the
dates of the different advances, the'sums .of interest
paid,.and theperiods When the same was made : all
of which, she said, were entered by . her in a book
kept for the purpose, which, at the time of bringi.ig
the present attiOn, she gave to Mr. Barnet,. the At-,
torney for the Prosecution.
' "The book referred to was not produced..
Mr. GARROW: for the Defendant, did not think
if necessary. to call any 'Witnesses in opposition to
this single, and suspicious testimony. The Marquis
De Chambonas, who..was the, real Plaintiff in, the
case, had, some time since, been tried and found
guilty bf a misdemeanor, on account of this very
transa6tion; and was at present in. ISfewgate, ,suffer
cr -
in the punishment to which he had been condemn-
ed°on that account. If the story told by the Wit-
ness had been corre6t, the book she referred to might
have been produced.
• Lord ELLENBOROUGH left it to the Jury to consi-
der how far the witness was entitled to credit. Her,
testimony, undoubtedly, could not have been the
worse for corroboration. The book she had refered
to might have been, and ought to have been, produc-,
ed. 'The Marquis himself too, ihOugh a prisoner in
iVewgate, might , have been brought up by Habeas
Corpus. These it was in the power of the Plaintiff
to have produced, and having failed to do so, it was
for the Jury to consider, whether, they would have
been 'Nvithbeld if they could have benefitted the
Plaintiff's case. Supposing the Jury ,to beileve
the witness, the damages would 'amount to-21,8401.
. The Jury immediately found for the -Defendant.

COURT DP-COMMON PLEAS, JULY 3.

,SEFOAS A SPECIA4,“/Kr.

JEKYL V. MORE.

This was an action to recover daniages for slan-
derous • words spoken by the Defendant, Colonel
More, relative to the Plaintiff's conduCl at a Court-,,
Martial held at .Exeter, for the purpose of.investigat-:
ing the condua of several Officers belonging to' the
Bedford Militia. The fads of the above transaetion-
have.been.arnply detailed.--7ln the present case, the
Learned Judge was of opinion, there was not, a suffi
cient ground of aCtiOn, and that it could not be sus-
tained the Plaintiff conseonently suffered a nonsuil.
His Royal Highness the Duke of York sat on the
Bench with Sir JAMES MANSFIELD, and. several
distinguished Military Officers were in the Court to.
•
hear the cause. . . •

,The inhabitants of Andover were Much alarmed on
Thursday se'nnight by a whirlwind, which, froth the
description, nearly resembled a West Indian tornado.
It carried up three haycocks, in a field near the town,
belonging to Mr:• Thomas Heath, to an height past
Calculation, as a great portion .of the hay was literally
can ied beyond the reach of the human eye. When
seen again the estimated height was upwards of 800
feet. It fell in 'differcnt parts of the town and neigh-
bourhood; a portion of it fell half a mile froth the
spot whence it was carried up. The consternation
of the labovirers in the fields was very great.

!HARZ') HA RRI oINo. 4, Martleu.:Court; ; and
CE,' NQ. 7 Strand ; didoEr!ispniints 'Orders 3i