The Sun.
London, England, 1807-11-20 00:00:00

wategnardett Ileitis great care,: that!. it! might:. not be
Abused;. and. there were' certain, persons named, to
whom.it could 'not be applied: among• those were.
minors ; and :Louisa, Calderon being ••:a .minor, • the.
torture could iatiegally.be intliaed Liptan,lier. There
was ,another prote&ion behliout to theeritnieal.: Itc
Was to have.appointed fee hint what, was called; a
defender ;. but the. defender, , of. Louisa Calderon
was: not. nominated _till after she liud been put
to. the torture; and yet, at thee :elute time, it.,
was not pretended. thee she was a party to the
offence. What was. the use of au:advocate after
the deed was done ? The only, time when it
could by possibility be necessary, Wasev lieteshe was
to be tortured, since she was without assistance to' ,
be unmercifully treated, and exposed to the greatest
bodily pain. The Defendant bad failed,' °however,.
on his principal ground : for he had not made out,
in anyeatistadory way, that what he pretended was.
the law in the Island of Trinidad. It was true that
persons bad taken upon themselves to.swear, that the
books, to support .the new. Arial, eontaining the sup.
posed law, were. resorted ..to.by the persons whaexe,
cuted the Spanish law. What would such a statement'
proye more than this, that if you Were to take up
an old editiois of Blackstone's Commentaries, you
Might find some laws not now in 'three, such as
those respecting witchcraft. inel gypsies, and the
law which his ,Lordship had been, so instrumental
in correating. But supposing._ theses books tie
Coll,t3ill the law now in three, admitting them'
to: be new text. editions, whet were constantly
aaed upon, still Mr. Geattow confidently in,
sisted, that such was not the ' law of Trinidad.
No man, however, had taken upon himself to swear
that these books ever were consulted ; and what
,Seetned to him almost deeisit,-e ofebe question, was,
that during the Spanish governmete Of the Weed'
there, were no means of infiteting torture ; and .when
the first order for that purpose was giVen.bk,lbe Dee,
fendant, it was hund necessary-at the same time to
dkyise the torture, and to .invent the iteartiments to t
put it in execution. But,eaid.theoppoeite sideet here
is A case, which is sitnilar, andwhich proveethat.ter-
ture was-applied; but this Mr. Gitiethw contended,
was one of the most nnfortenate instances tvhiche
could have beee,seleded. It was thecaseial a man
who was supeaed of assassination, atiel while hevas
custpdy en order was made for thelorture to be
infiieted.; yet he bad the opportunity of doing what
Louisa Calderon bad net,And beappealed against the
order, and insisted that it .couldnoteby law; be ap-
plied. At the trial, a person well skilled in, the insti-
'tutiotie of the. Island, it appeared, had not heard of
this circumstance, nor when the
had any Of the parties,
new trial was:mpved for, tend the Government of
Trinidad thought it right to make, inquiry- for its.
Own justification. The deponent said only, that he
kiosseSsed what he, supposed to be a transcript of
what was transmitted at the time of the appeal to the
Audience of the Caraccas. The COIWIUSI9tI of this
boasted instance was, that the assassin escaped, cerry-
ieg off; his guard with him. Supposing, however',
that a Spanish Governor inieht have inflicted torture,
yet the Learned Counsel insisted, that the very nice!
Meer the British flag was displayed out the Isleud, the
power of ado ministering torture absolutely ceased, be-
eaose time indiction of it, or the very idea of it,was so
abhorrent to the principles of the ,11,eglish law, that
no Jititish Governor had it in his power to ha&
it. Noi only this, but be would assert still further,
tit by, the laws of Great Britain, even his. Ma- .
jcety could pot delegate 4U:11 an authority. It was
exactly the same as 'whereat slave had been Wen and
predict chains—ethe moment be placed his foot upon
the tilieres ofehis country, his fetters dropped float
his liitulls, and he, tree. , Under circumstances •
like these, no British. Governor, eiupposing- he had
found instruments of torture erected upon every hill
in the isl md, could with any colour of right employ
them to the injury* his, fellow creature's. Upon
these crewels; he enbmitted that the rule,for, ti new
trial should' be discharged.
Mr. Not.e,teas :about to proceed,' on' the same
side, whet "lie was interrupted by the ~Court, the
C JuSTICE having oectiaion tp,atiedtt at Gtaihd
to sit at ' ' •

IsrovENtai.t, 9
INSUR.ANcE.
TWEED 1E AND OTfiZitb V. BELL.

' Mr; T-oyin'tEo moved for a' Rule to .sliw cause'
kyky a new 'tfiul "shoutd not L'ilteplace. It Was a
case tried atthe'laSt Assizes foririeventmfrof York,
bifYirel4r.-.ltiltice CH AN, aft g, 'and Was atbinided upon '
11
eilibilif`ibstirance upon a vessel 'cAlled'A•he John,
ota-',Ottiliour,-lit arid front Hull for London.
11h "'Plai#iffs were tutilt,ri, :it a place called Fasten
Mill;'addtit,2o miles from'Hiiii, to whiCh kilace.therg
%vat's"' 4:, `i'dtfiltionicat ion Trion t hat port, by •ntiAttis of
an " Iftilitial canal. The t essel Wa'il .I.l'‘'ery 31111111
and cfiltikfthg only four feet of water, and 'Willi' partly
loaded-4,1W timer, at Fasten Mill, partly at anOther
:pleee,lfrittitht iii- Miles of Hull, and etbout f 6 sticks
miite v/erOput on ."board tit /lull.- l'he'poliey was
'aubsergifettfe* 5001. on the I:,th of 'Pebtuary lait ;
1 .
ithe .liesserrikas'.loSt upon • the passage. ' The pe'.
fentlatit orgtu 'that-Ate -twits igttorhnt of the' small-
inc.is -of ibe ifelisel,, 'and ''neat it ought to 'have'
ibreeli"ottlqiutilcateil - to.'hitu,, as the utiderwriteit,'.
iwiWtethit.slotip was to'titke.in.'her cargo ; thaftitt.
i'veAtAklr ir" it." Hull," being alone OxpreAsed. in. Are'.
11)00; the 'Plaintiff could only' tjecoyer far tha-
tptkil44l4lir goods-' t hat %Nero there put - on board..',.
-Ad trililY,'. hoivever, had found 'a. verdia for the
Ntfliflffs WM he 'fait 'ainoutt t 3 biit if:their 'l,Ordshio 7
! siiiMaitießiliiri lii oh with hitn, that 'Hull wit ft ainne''
thetioatiit* port for Illikkisel, 'RIO :damages might'
al' tiili'ditt finished by ad vetdi(it 'pronounced upon
Li nb-W Vtidl.—ftule ti'efuseil. ' ' ''

MA LSE V sett .1.,
NMt, It y itiOved.fof ():shew cause
thytvierd;R:t etiven tor the Plainntr, on the 7th
lalt, ojtotild,,p'ut he bet :iliac, and,
graiitcA, , i)eing a verffiat ag4insti
it was., an ;.I.:tiuti brought‘. upon a policy
ori,l3Urartie,' upon a packet boundstrogl aeertain.
pOI t iii .:,pain.tu Loildun, with kib4rti t 0 iOuch at
it Spain, without prejudice the
The Ship had gone to Sp.iiti:for ihe
of taking in a cargo. of fruit, and. it't.er
on her Nay uack touched at dihral-.
tottelin,.g at that place, however, he
\';';ls unne6;sar.,,-, and that the