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

LAID REPORT.

COURT OF KING" BENCH, Nov. 19..
CRIMINAL INFORMATION.
The ATTOUN44Y•GENEIAAL moved for a Rule to
shew cause why a criminal information should not.
be granted against Capt. Philip Hay, for challenging
Lord Kingston. The affldsvits,to support the appli-
cation 6tateit, that,. during •the commotions in Ire-
land, Capt. His was in the service of the rebels, and
that Lord'Kingston was by them taken prisoner.—
While his Lordship was in continenlient,Cape Hay
did all in his pokier io alleviate the uneasiness of the
Noble Applicant, and treated him with the greatest
humanity and kindness. This circumstance had pre-
ventefil Lord King:icon from appearing against Capt.
Hay, when he way brought befOre a Court Martial ;
'and an acquittal, in consequence, took place. After
this event,' Captain Hay applied to the Com-
missioners for compensation, as a loyal subject who
bad suffered • during the rebellion. Upon heating
this request, Lord Kingston was moat surprised, and
wrote. a letter to Lord Hardwicke on the subjeo,
which highly offended Capt. Hay. Some time atter-
wards, the parties met in the public street, when
Capt. Hay said, 41 I. believe I 'speak to Lord King-
ston." His Lordship replied in the affirtnative.. Capt.
Has continued : " Theie are my friends" (alluding
to' two Gentlemen in his company). Lord Kingston
enquired, " May I ask who is addressingme ?" The
answer was, " 1 am Capt. Hay, of the 18th Light
Dragoons." " 'What," • seid his Lordship,'" is your
business with me ?" Capt.' Hay replied, "As you
have calumniated my charatler. I have a right Co.
expect that satisfaction w bleb one Gentleman should
receive front another,' or an apolOgy." Lord King.'
sten inquired. if . Capt. Hay intended this as a chal-
lenge ;' and being answered that such was the. de- "
sign, he said, " I..shail not
.ntake an apology, nor
dust think you a Gentlenian, when you refused to
appear betioe a Jury of your' COuntry as a rebel;
but sought to obtain satistaaien as a suffering hi-
diVidual in the rebellion. I shall advise with my
friends, to preSecute you for a•cliallenge'e-..-Rule to
shrew cause granted.
TIM KING V. GENERAL THOMAS PIGTGN.
Mr. DALLAS moved to make the Rule Ibett new.:
trial in this ease absolate.• ,
Mr GAattow said, that he was not quite sure
what was the regular proceeding in the case, , Mr.
DALLAS had moved fin• a .new trial.upon ,several
• grounds, and, unless they were dist aptly stated, he
(Mr. Gaatitow) might • he wasting the time of the..
Court in. answering particulars not intended to be
Urged. , • -1 , •
!Mr. DALLAS „replied, that the general.point, upon
which the whole argument would principally rest,
was, what v as the.law of the Island Of. Trinidad • at
the time it was ceded to his.Beitannic Majesty? The
Learned.Coencil meant to show,. that_ the law of
Spain, as applicable to cases of torture, was the law;
of the Island at that time ; and, therefore, that. the
Defendant was justified in his conduet.
Mr. GAattow observed, that he wits quite relieved
• from any difficulty .he had feltesince he understood
the ground to be relied upon was, that the docu-
ments, as tow presented to the Court for a' new
trial, were of that importance, that they had
been laid before the Jury, they would have al-
tered the verdict,. One .of the .points urged whets
this motion was mach", was, .that there .WaSi.l)C)
evi-
dence of express: make on the part of Geueral
Pieton. Surhafea, bow.ever, need not be proved,.
for.if the Defendant: iwere not authorised to had'
torture upon Louisa Calderon, the malice was
cessarily implied in the illegality e., the act., hell
it had beets. said, that the preceeding.of General
Piton`was to he justified by the hiW of Spain, as,
applied to the Spanish Colonies; for by the' erode- .
mation of Sir It Abercrombie, it was direeled, that
such law be contietied until further orders were sent
out' from Great Britain: Suppesitig'it not to he sO, •
hoWevere still they contended, that General l'idott
was not punishable, beeause he was' aeling in the
cliarafter of a Judge, and he 'Viiaft not theretiire le-
gally responsible for errors 'in judgment,.
Learned Counsel did not mean to dispute' whether
Judges ivere, iii surfs cases; amenable to the law i
bra the faiindation upon which he rested- Was,
General- Piebrin could hy no constrtietitin he eon'.
'sidered as acing in .a judicial charaaer.
Island of. Trinidad there wereCertain,Otlieers Who'
had si juriiidiaioti similar to 'that., of e'Magistrate in.
this 'Country, to Make preliminary incitriries;: id'hei
he
did not mean' to deny that the -Defendant had nth
pottier: Met, night,, undoubtedly, have ve..call
before him persons suspeaed of crimes, and could
have donertitt bat t he Alcade could perform ;. but that..
was.mit theeounieGeneral donadopted.i;ile took
what Was a more natural, ande,atthe saint: tune, a
more dignified mode pbozause having. in:hi 'Welt the
jUrisdielionLof hearing-Appeall.front theinferier'Of.,
fleets, it would he a strange propositien 10 support,
that he was to aCt as an, interior and. superior Magi
strata in the.same pose therpOre litlit expssly de-
legated his authority, with reipc'd: to, the lequiry
concerning Louisa Calderon', to Ow ;‘1.17
nistta-a and. never ;1‘;
proceeding. 'What Mr, (tAItE(),,, t•I pally
pia4lekof was, Deft
posc:ci wilit
own haud,wrote the senteove, Ii tiHtithe tortitm,
on Louisa Calderon !" e,'',i;i.eigek
must always speak of 'with the- abliCfref'nkA
bad grown with growth ueon:tho,
torture, and which' vas iniO•essed
British karts. TheTpersons.abrataWibyethe..laws
of Spain to he present at the inflieliio of torinre,
were the Jude, the I!;•Keeetiblier,'atid'the Escribano;
and all others 'were' eseleded, not 'only front, the
Sight, but evenffmn:the beating of the transikaion.•
The Learned Coynsel eottld-do General Pieton the
justice 'to my,:' that .if Ile,. hat.beent;4l6tiltglas
'Judge on the first 4oen-ai 'his:httmanitywould not; ;•
have permitted hioOtriniiiit, ,thetdreaditd ototmenti,
upon' the. Unhappy vial; it •seciel hum
servations demonstrated, thee the I..)Bibnitant:did not
interfere, as was F;ttee4ested, in Ivis-:vhat.adttres
'Judge. Thealt CounseL; for :.General-10,itIon
serted, that by law of Spain,. torturemighv
indl,',ted,upounkertain,elassa.personi, sie:eoted to
. be accomplices bee crime; .who
the ; butirwas observable,_ riot this.infiteti. •,

L 0 111)16 : t: I .I'.. .. .• NO, 4, Nioll -street
`'At i Arltvi liseinvni,§, Orders. t<

writers Vere bccansit.sith (Lem 1410 in
an apie.e3W, ,thtn \Olen the
Ship was about to sail with lier.eargo, there was a
.great scarcity of i
occaiiilned'.ll the t Ong
of Spain: having come a vast retinae, aitenticd.,
w.:th a great. body of • wea, .to :catbrate
riage iu th.it quarter, and:. that they. ate up all the
: provisions that could possibly be,proctired..,
to this scarcity of provi6ms, the Shit; it .fas.sirfd,
hadebeen under he necessity. of making
; but whether this ryas allowable or notii she:at
least. could .uot be justified in taking on board ail
addition .to her freight, as that could not be done
without producing. dehiy. . She, took on: board a
large. quantity. of...dollars, and old burnt silver lace,
for which. bilk of lading were signed to three. dif.,
. ferent .traders in this country. The Ship was obi- •
-wrecked on the coast of Sicily. Under'all
the circumstances, he could.prove, froin .various
precedents, that this was a clear deviation, on ac-
cOunt of the additional .time taken up in putting on
board this additional cargo.'
Atter. several :other ob.,ervatiOns, both from the
Cottnsel find the Cote, the Rule sought, fbr was
granted; on the point, whetlicr the taking. of • the
dollars on board this vessel was to be looked upon
as a deviation.

CORPORATION OF NORWICH.

KING V. MITCHELL,

Mr. GAtutow shewed cause against a Rule former-
ly obtained for a-new.trial in this case.
Tlthquestion 'related to the-eledion of an Alder-
matt and Conitnon Councilman „for the city of Nor,-
*la, and has already been before the public. It
arose from the right- of certain individuals to give a
Vote upon that oCcaSion, -they being in a' different
cittailer,•- serving asi•sUbstitut.eS in the- Mfiia, and
Consequently.nOt immediately 'resident in the city,
and had nut been•so'f4 six months; • '

Mr: GAtttcow arguei4 that as the persons alltided
•
to had houses, wiveir;- and litmil'res in Norwich, and
were' liable to pay takes and poor'S rates, they-k Vere;
although abSent for a time; to be considered As
bitauts of that city.
• Mr, WI Lsotl;iu support of he Rule, areed, that
.•
by the Aft of Parliament their immediate residence
was absolutely necessary„, in order to entitlejltem
to vote fora Councilman for, the particular Ward in •
which they so resided,.
he Court thought this 'a matter
,of gitAt conse-
quence, and well. worthy of consideration,andAvere
inclined•to,think that the A4t did require adtial re-
oidenceralthough the taxes and poor's'ratei might
be other Wise Th. 9 case was
.accoriiihgly
ordered to. be put;upon record.