The Sun.
London, England, 1809-11-20 00:00:00

INSOLVENT DEB l'OkS' ACT.

Mr. BOLLANDapplie4 for a Rule to shewcans-e why
the Kee!rer of theTleet Prison should not bring into
Court the body of Jean Baptiste lleineau, for the
purpose of his being discharged under the late ItisOl-
vent Aa. He was in the course of being discharged
at the Quai ter S.ssioas for the city r.f London,when
a doubt occurred to the Itecor, if a lock-up-
house, in which the Prisoner was iu custody on the
day of the Ist of February, ‘,‘,fien ft :e Aeit took ef--
fqa, was such a custody as the .I,,,gislatute had in
contemplation ?

Lord ELLEN'BottouGn• said, the Ael surely meant.
public custody. It could not be tiaid
.that the Pri-
soner was in the custody of any keeper or gaoler.—
Rule refosed.

THE KING V. ROBERT JACKSON.

The Defendant, who ins an Inspedor or Deputy
Inspector of Army-Hospitals, on ltait-pay, residing
at Stockton upon Tees, in the county of Durham,
was brought tip to receive the judgment of the
Court, upon an indietment preferred against him
for an. assault on Thomas Keate, Esq. Surgeon-
General of the Army, and a Member of the Army
Medical Board, in which the Defendant slat-feted
judgment to go by default. It appeared from the
affidavits of. Mr. Keate, and of a person who was
accidentally - passing at the time the assault was
committed, thatitle Defendant mgt Mr. Keate on
the 28th of February last, on his return home from
the discharge of his duty at the Army Medical Board
Office, Berkeley-Street, Piccadilly, where the
Defendant appeared to have been waiting for him;
And after a short Conversation between them, in
which Mr. Keate gave no provocation, whatever, the
Defendant violently assaulted him, by striking him
several blows on Ilk head.„ arms, and shoulders,
with a -large walking stick ; after which the De-
fendant,' when he was going away, said, " if you
Want any satisfa&ion, you know where to find
me," 'by which it was understood that the De-
fendant intended to provoke. Mi. 'Keate to fight a
duel. . •
The Defendant put in a long affidavit in mitiga-
tion of punishMent, in which, among other things,
he stated, that Mr. Keate had, in his °Nervations
on the Fifth Report- of the Commissioners of Mill-

tary Inquiry, and in a Letter to the Members of a
Sp cial Medical Board appointed to investigate,the
Defendant's:condo& when employed in the Medical.
Department at the Hospital depot in the Isle of
Wight, in 1801, aspersed:the Dfendant's condua,
and that under the irritation Of mind, oCeasioned
by those publications, he committed the assault; but
fdr Which,he expresst.;(4.hts contrition.

•
The ATTORNUY-UENERAL; .Mr; GARROW, :and
Mr. WARREN, were then heard on }he part bf tLe
•proSecutiory;, in the course of which Lord ELL'EN-
BOROUGH (in answer to a question by the Attorney-
General, whether the. Court recoiled Mr. -Keate to
nuke 'an allidalrit in answer to the Defendant's ?)
observed, that althcaugh the Defendant had sworn
-that. Mr. Keate had in his publications „aspersed the
chatager, of tide Defendant,- yet he had _not pointed
out a single passage to SiIOVV the I'M, and therefore
the, Court thought 'it unnecessary to call on Mr,
Keate tet answer the Defendant's ‘affidavit.
Mr. Justice LE BLANC then pronounced the
judgment of the Court, in the•cOurse of Nvhich he
observed; that it-appeared from the .affidavit& that
the Defendant bad been in a situation in his, Ma-

jesty's service, in the medical department,- and in
that situation was. subjed to the Liuperintendance
,controul of the Arrny•Medical Board, of which Mr.
Keate was a member ; that 'afterwards, when the I
Defendant was on half pay; he wrote some books
'on the Medical- Treatment of Armies, and in con-
sequence of Wcinie Observations written by Mr.
Keate in answer, the Defendant took an opportu-
nity when he met Mr. Keate, in the public street,
infthe.middle of the day, and without any insult or
irritation which hid passed at the time, of giving
Mr. Keate a blow vvith'sa stick or cane; accompanied
with words which Manifestly shewed the Deren-
ntention not only to inflict on Mr. Keate a
dam'spublic
insult or injury, -bat to provoke him to
challenge;:the Defendant for. that insult, for 'the
Court could not brit consider that that was the De-
fendant's object; from the wards which he used at
the time be committed the assault. The Lea Al rt
Judge said, the Court lamented to see a'person who
from the situation -which he filled, must have had
to a certain degree a libral education, who, from
his 'owe acefitint of himself, had served in an ho-
nourable profession, without that command over
his temper, which his education, and a converse
with liberal men, ought to have taught him to ac-
quire, and that he should be obliged to be brought
before the corre&ion of the law to do that which
his .own sentiments of honour shauld have taught
him, without the severe lesson which ,the law must
.now impose, and tinder- these" circumstances the
'Court would not delay. passing that sentence which
was necessary, by waiting for Mr: Keate's answer
to the Defendant's affidavit: The Learned Judge
further observed, that the COuri. Was always willing
to hear from a person standing in the Defendant's.
situation, every circumstance that might in his own
mind tend, towards a Mitigation. of the offence, and
they.were not willing-to scan
.very nicely the rele-
vancy or irrekvancy of what migh(be stated in the
affidavit ; certainly, however, it must be observed,
that almost the whole-of the Defendani's affidavit
tended little or nothing to excuse the crime,:because,
taking every thing for granted which is there stated,
it amounts to this—ln consequence of Mr. Keate's
answer to the Defendant's publications, the Defen-'
dant, at a considerable distance Of time, meeting
Mr. Keate in the street, took an opportunity of
publicly insulting hifn,, by giving .hirer
,a bfow in
broad-day, ancrthen making use of words which
-were tantaMount to a challenge. 'For the purpose
•of restraining spirits' such as the Defendant's,' for
, the purpose of correcting that which. education and
a converse with honourable men had not done, the
Court must -impose such a sentence, as would not
only keep, him within bounds in future, bat de-
ter others - from placing themselves in. a similar si-
tuation;

The sentence of the. Court therefore was-, that the
Defendant should be itnprisoued in the custody of
the Marshal o: - the Marshalna of the Court

HAI
King's &nct,, for the • spve Or six,eatenalr ttionith
and that at tire expiration of that term heshot4tAfi:4d
sureties for his good benaviour for three ye,is, to ht
computed from the expiration of his it»plisonment,
in- 5001. and i'wo sureties in 2501. ea: h, and
that he should be further imprisoned till tbat
secu-
rity was given. .

- - -
2d, or Western Battalion.
To be Lieutenant- Colonel-Commandant—Sir Patrick Mur-
ray, Bart.
To be Lieitienant-Colonel--lames Moray,
To •be Malts—The Right Hon. john Lord Rollo. Henry
Home Drummond, Esq.'
To beCaptarns—AnthOny Murray, Esq. Andrew Murray,
Esq. John Hepburn, Esq. George q. An
Lsq. lohn
Merray,• Esq.• Joh Tainsh, Lsq John •Rob, Esq..
• George Gattiner,- lardes. Peddle, Esq • Archibald
_Knox, Esq. jarnes Esci -
To be Lieutenants-- lohn Drummond, Gent.' Robert Adie,
Gent. William Malcolm,: Gent. John M'Laren, Gent.
. William Johnston, •.Gerat. Thoinas M'Ormish, .Gent.
Murray,tit iiliam. Gent. —Andrew Bannerman, Gent.
limes Baxter, Gent. Riehard Knox, Gent. .William Stir-
ling, Cent. Andrew Clason, Gent. Thomson, Gent.
lames Scott, Gent. •
To be Ensigns—Robett Nielson, Gent. George Home„
Gent. Joseph M`P heron, Gent. john Buchanan, Gent,
john Rob, Gent. Thomas Allan, Gent. . Alexander
White, Gent. William Bannerman, •Gent. lohu Drum-
mond, Gent. lames Brown, Gent..
To be Adjutant—Colin Campbell, Gent.
To be Supernumerary Ditto—Kenneth Scobie, Gent..
To be Quarter-Master, and Regimental Clerk—Alex-ander
Tainsh, Gent.
To be Chaphdn—Rev. Colin Baxter.
To be Surgeon—George Trail, Gent. • •
3d, or Central Battalion.
Tc be Colonel.Commandant—Sir Alexander Muir Mackert.
Zia, Bart.
To be Lieutenant-Colonel,—lohn Murray, Esq.
To be Majors—Patrick Murray, Esq. the Right Hon. lames
Lord Rutliven.
To be Captains—lames Stewart, Esq. john Gordon, Esq.
_ Charles Hay, Esq. Thomas P;.',.lliser, Esq. James Keay,
' Esq. John Nlifit.o, Esq.. A.rairew Archer, Esq. Charles
Stewart, Esq. 'Charles Clarke, Esq. Thomas Whitson,
Esq. -David Walker, Esq. lames-Murray Patten, Esq.
To be Lieutenants—David Inches, Gent. Rekterick Ro-
bertson, Gent. David M‘Dutf, • Gent. Patrick Robert-
son, Gent. John 'airline, Gent. Win. Dull; Gent.
lames Fisher, Gent,, Thomas Patton, Gent.
TO be Ensigns•-james Wilson, Gent. Gregory Itilarriot,
Gent. John Low, Gent. John Clark, Gent. Thomas
• Ineites,•Gent. William Ross, Gent. Alexander lrenny-
cock,, Oer.t. Peter Halket, .Gent. Jolla Burns, Gent.
john G:.,:otie, Gent. • .. •
• To be Acijutant, :with the rank of Captain—fames Duncan,
Esq.
To be Quarter-Nlaster, and Regimental Clerk—lames his.
sett, cent.
To be Chaplain—The Rev. Wrn. Innerarity.
To be Surgeon— Alex'andcr Stewart, .M.D. • •
•
• 4th, or Eastern Battalion.
'fo be Ideutenant-Colonel-Commandant—lames Hay, Esq.
To be Majors—Alexander Vv liitson, Esq. Lawrence Craigie,
Esq.
To be Captains—Charles Hunter, Esq. Thomas Hog, Esq.
Peter Kinnear, Esq. Icahn Smyth, Esq. lames Miller,
Esq. John Rattray, Es.q. David Anderson, Esq. lames
Wedderbum, Esq. Francis Keill, Esq.
To be Lieutenants--William Buist,. Gent. lames Watson,
Gent. Alex. Thomson, Gent. lain Donaldson, Gent.
William Lauder, Gent. Thollls, Gent. David
Berson, Gent. Gent. las Crichton, Gent. John Archer, Gent.
-Archibald Turnbull, Gent.
To be Ensie,ns- WiLiarn Scott, Cent. Edward Thorns,
Gent. William Sime, Gent. Peter Shaw, Guilt. lotus

toN DON t Printed by RICHARD HARRIS, of islo. 4, Martlett.court, Bow-street ; and Pthlished by WILLIAM ARMIG ER Sc RI EPS, South Moltan.street, G osveria asquarm,
Ai the Sii-OpvicE, No. 11g, Strand; where Advertisements) Orders for the Paper.. ~Letters for the Editor, &c. (post-paia), must bs addressed.