The Sun.
London, England, 1824-01-10 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAN. 9.
THE POYAIS SETTLERS.
IieGREGOR v. THIVAITES AND ANOTHER.
This was an action brought by Sir Gregor MacGregor, of
South American notoriety, against the Proprietor of the Morn-
ing Herald Newspaper, for a libellous paragraph inserted in
his paper of 14th October last.
Mr. RICHARDS opened the pleadings, and the CommoN
SERJEANT stated the case to the Jury.
The Learned Counsel observed, that the Gentleman who
came before them that day, to seek redress for a gross attack
upon his character, was well known as Sir Gregor MacGregor,
who was of ancient family in Scotland, and entered the army
at an early period of his life. He afterwards went out to South
America, and returned to this country in the year 1822, and
having received a tract of land from the King of the Mosquito
country, he had eadeavoured to make settlements there. That
country had been described by Mr. Bryan Edwards, so lon
g gck as the year 1776, as one of great beauty, and abounding
hack
tsome of the most delightful productions of nature. Mr.
vards says—
be,,Every variety of animal and vegetable nature, for use or
on thtY, for food or luxury, has been most liberally bestowed
sod 613 e,nuritry. It is everywhere plentifully watered; and the
and ea Pable adnost everywhere fertile in a very uncommon degree,
produc f
ed °' Producing, in the utmost perfection, whatever is
chocolate betwands Tropics. The cotton bush, the cocoa or
digo, too-ninr, venelloes, flourish all over the country. In-
that of If -s
a native. and appears to be of the same sort with
If
neighbou ' of Guatimal, which is ac-
counted the best
of :ling prrrohvemscue
,tar-cane' arrives here to as
great perfection as innya.ny of the i''slands ; and the quantity of
Great and sarsaparilla, annually exported from hence to
sn,eall Britain, renders the settlement already an object of no
importance in the scale cf her commerce and navigation.
IThe rivers and coasts abound with excellent fish ; and the finest
rk, both for food and shell, is found here in greater plenty
than in any part of the known world. To which it may be added,
and it is a. circumstance of no small utility in an infant settle-
ment, that the mouths of many of the principal rivers produce
;TProdigious quantity of oysters, both of the mangrove and flat
eel 8 ; of the latter sort, there are banks that appear inex-
austible ; so that with respect to food, the inhabitants of this
c,ntry seem almost to be exempted from the general curse en-
tailed on our first parents."
t#TThis Was the description that attracted the notice of Sir
nr Macgregor, and he raised money, for the purpose of

forming a settlement, and many were glad to join him. He
took it for granted that his friend would'not speak of the mis-
chiefs of emigration; that was now an exploded doctrine, since
Lord Selkirk, about 20 years ago, emigrated, and took artisans
of every sort with him, and made most rapid strides towards,
improvement in the settlement he formed, until Lord Selkirk's
death semewhatchecked their progress. Surely • his Learned,
Friend would_ not now say that it was not desirable for the emi-
gration of persons to take placefrom a populous country, where
they were, in a degree, destitute of the means of support; to new
settlements, in which they had scope for their incluStry! In
October 1822 parties went out to the Poyais territory; but
circumstances arose of a most unfortunate nature, that pre-
vented the realization Of those hopes that had been so san-
guinely entertained. The consequence was, that sixty per-
sons who went out there were not induced to settle, and were
deprived of their tools, clothes, and provisions. They after-
wards went to the Honduras Bay Company, through whose
mews many of the settlers came to England. The most in-
jurious reports were in consequence set about regarding Sir
Gregor MacGregor; and if those reports had been spread
merely for the purpose of warning persons' from • going out
to the Poyais settlement, this action would not have been
brought. Sir Gregor MacGregor himself was the greatest
sufferer, and no man lamented the lot of the unhappy per-
sons who had gone there more than his client; and it was
impossible for any one to be more anxious to. alleviate
their calamities than himself. In January 1823 another
party of settlers, to the number of 160, went out., In October
last three orphans, the children of parents who had gone out
to Poyais, were taken before the Lord Mayor by Capt. Antrim,
who most humanely brought them to this country. Captain
Antrim was accompanied at the Mansion-House by Mr. t Ince
and Mr. Hughes. On the 14th October The Morning Herald,
under the head of " Hansion-House," had published a report
of the proceedings that had taken place respecting the orphans,
whose names were Chalmers. The whole of the paragraph
complained was read ; the former part of which stated the
hardships that the settlers had experienced, and the unhealthi-
ness of the climate. The Learned Counsel remarked, if the
paragraph had stoped there, this action would never have been
brought into Court. If the climate had been declared bad and
the country wretched, nothing would have been said ; on the
contrary, if it had only warned persons from going out to
Poyais, it would have been fair; but what followed are so
gross, inflicting the severest pain upon the individual for whom
it was intended, that he could not, in 'justice to his own cha-
racter, remain silent under it. The remainder of the article
stated that.—

" The poor creatures .had heed led by MacGregor to expect
a lard where they-would live in the greatest plenty, where every
thing was, flourishing, and but little labour would be required.
It was mentioned to them, as .a markof the improvement of
the place, that a fine theatre had been established, and men_
tioned'other establishments, indicative, not merely of civiliza-
tion and comfort, but:af luxury.
. " Captain Antrim mentioned a charge which the poor crea-
tures had 'preferred to, him against MacGregor. Most of those
of tinuefifteen pounds to
who sailed from-Leith were poor people, who had' by their fru-
gality, saved small sums.of money,
thirtypounds perhaps.. MacGregor learned the property which
the settlers had witli-thein, and telling tham that Scotch money
would not pass at the settlement,' persuaded them to give it
all up to him, and take his drafts for the amount upon his
bankers' at Poyais. The savings were all given up to him ;
and it is' perhaps unnecessary to add, 'that the settlers, on their
arrival at the houseless wilds of Poyais, found that no such
thing as a,hanking.house was in existence. Captain Antrim
regretted that he had not arrived sooner, as another ship had
sailed with settlers' for the same place just before his arrival,
wha.;, he feared, would also fall a sacrifice. He had thought it
his duty to make the statement publicly, that the poor might
be put on their guard."
It was perfectly true that the land On the Black fiver, when
occupied, Would be fine. With regard to the Theatre, he could
assure the Jury that Sir Gregor had never mentioned it as being
in reality or in contemplation, neither had any of his agents.
And indeed it was not probable that they should have done so;
their object was not to represent the country as a highly culti-
vated one, but for the settlers to know that they were going out
to an infant colony ; and the fact of their taking tents with
them was conclusive on that point. If Sir Gregor's object had
been to deceive the settlers, by making them believe that they
were going to inhabit regularly built towns, they would not have
been allowed to takeout tents with them. He would again re-
peat that nothing had been said respecting a theatre. It would
have been most infamous on the part of his client, if the state-
ment had been true; but he was instructedto declare that nothing
of the kind had been mentioned: The Whole of these assertions
were untrue ; and he could not believe that Captain Antrim had
made the statement. With regard to the savings of the poor
persons, who, as was stated in the paragraph, had lost their all,
and had received only Poyais notes in exchange, so far from
those.savings goinginto the pocket 'of Sir Gregor MacGregor,
he paid for their passage and assisted them. The defendants had
put on the record a justification of this statement, 'and that it
was correct, and that the circumstances had occurred ; but the
proceedings upon which the paragraph was founded took place
uefore a Magistrate, and were exparte. No man, of whom such
acts were stated, could dare to shew hii face if they were
true; but those who made the assertions must prove
the
things. stated; and if they failed to do that, the Learned.
Common Scrjeant said that he . hoped the Jury would not he-
sitate to deal out such damages to the'plaintiff as would in
sonic degree compensate him for the injury he was subjected
to. On Tuesday last it was expected that this cause would be
tried ; and although the trials at Hertford occupied so large a
portion of the paper, yet they inserted a note to the following
effect :--

" On account of the great length of the first day's Trial at
Hertford, we are oblig, dto omit in our paper of to-day almost
tae whale .of our miscellaneous matter, as well as nearly the
whole of our advertisements."

Still, after the insertion of this notice, the defendants found
space for this paragraph, on the day, too, when every one
looked for the cause coming on.
" We have another melancholy instance of the privations
and distress resulting from the cruel and infamous Poyais hoax,
in the case of ,Mr. W. Eennedy of this place, who, with his wife
and children, was induced to leave his native soil, under the pro-
mise of a lucrative appointment as a teacher of youth in that settle-
ment .After sharing in the grievous disappointment of the other
settlers, and enduring hardships almost beyond belief, they had
obtained through the humanity of the Captain of a trading
vessel belonging to Liverpool, a passage to a British port; when
from the disease he had contracted in the inhospitable climate,
the unfortunate man expired, while his afflicted family were
within sight of theie native slio:e."—( Bath Courier.)
Notwithstanding the omissions, in consequence of the Hert-
ford trials, the defendants were enabled to make another attack
and bring another aggravated representation. before the town
and Court on the morning that the trial was expected to conic
on. However, the assertions must be proved before they could
have any weight or influence with the Jury.
The publication being admitted__
Edward Irby was sworn, and examined by Mr. POLLOCK—
I know the plaintiff, and was employed by him as a land agent
in Edinburgh. My business with the plaintiff was to make
sales of land in the Poyais territory. Many persons went out
from Scotland in 1823; and some in 1822, in smacks to London.
Others went in the ship IL-inner:ley Castle and the Skene. I
have heard the libel read. In my opinion it injures his charac-
ter, for it applies to him, and he is the person meant. The
settlers went out as labourers. I made representations to them
of the nature of the place they were going to. About 270 to
280 persons in all went in the Kinnersley Castle and Skene,
and sailed for Black River and Poyais.
Cross-examined by Mr. SCARLETT—I never was there: the
representations made to the settlers were from publications ;
from a publication of Bryan EdWards—Wright's " Memoirs
of the Musquito Shore," and Henderson's Honduras." I
knew Mr. Strangeways, and believe he wrote this book (a book
had been handed to the witness); some poetry, entitled " A
Physician to his Mistress," and " Lines addressed to Poyais
on leaving the Coast," were also handed to the witness, who,
after looking, said, in answer to a question from the Learned
Counsel, " I have seen these before ; I believe they were in
circulation in Edinburgh in 1822, for the purpose of inducing
persons to settle in Poyais."
The Bank notes of the Poyais Bank were printed at Edin-
burgh for one dollar each. I cannot swear how many were
sent out—lthink not 70.000. My, business was to make sales
of land in Poyais; there were a great many made, and money
was received for them. SeVeral hundred pounds had passed to
the plaintiff; but I think not a thousand, I don't recollect
having heard MacGregor say he would have a theatre there ;
there might have been some joke-between myself and Pickin,
who was Under Secretary or Clerk to Sir Gregor's Secretary ;
and who understood and was fond of the drama. 3lr. Pickin
went out in the. Kituiersley Castle as a clerk in the Civil De-

partment, at 501., per, annum. He was under Governor Hall.
I received some of:the honours of the Governmest, and was
promoted to be
,a Knight of the' Green Cross. .Those who re-
ceived honours wore green' coats, with, hustona, on which were
engraved " G." and a crown. I clo,not know of the plaintiff
having any license from his Majesty to become the Sovereign
of another country. , •
Resexamined—The notes wero not issued: There were se-
veral millions of acres of land to be disposed of in Poyais.
Robert SWan" sworn.—Tlie Hendurai packet was in the
Downs on the-18th' Dec. 1822; she sailed to the Black River,
on the Mosquito shore, on the territory of Poyais, and took
out, emigrants.. The Kinnersley CaStle and Skene sailed in
1823. The Honchiras packet took out 50 persons from Scot-
land, who came to London in smackss 'There was a surgeon
on board the vessel, who was provided in London by Sir
Gregor's agent, Mr. Ogillae. The vessel had at least six
months' provisions on board.- I wars on the Mosquito shore
from February to June, 1823. The Kinneraley Castle arrived
out in March, 1823, The settlers, for the most part, left the
shore in July, 1823 ; some were suffering, some not. There
had been a mutiny amOngsalhem:. •, I kn6irsorde of the settlers
went to Honduras, and thence came to,England.
Cross-examined—l went to Honduras before I came to Eng-
land; I was in the Storekeeper-General's Department; I came
back, because all the.stores had been removed by. order of Col.
Hall ; I was the last but two who came from Honduras ; there
are hone left at Poyais; I was ill myself of the ague and fever,
and several others ; 1 found the remains of the chief town ; there
were two houses left, belonging to two American Gentlemen,
made of bamboo. Mr. Groucher, who was to manage the
banking concern, is now in America ; I was not. attracted by
the songs ; I only saw one ;' I am now eighteen ; I was before
in a grocer's shop in Glasgow.
Re-examined—l saw some of the, provisions afterwards at
Belize, in the cellar of Marshall Bennett, Esq. one of the Hon-
duras Company. They were taken in Mr. Bennett's schooner,
by order of Col. Hall. There were a few walls remaining in
the ancient, town, and plenty of bricks to build new houses.
Mr. SCARLET T, for the defence, stated to the Jury, that
he had no knowledge of Mr. MacGregor, or Sir Gregor Mac-
Gregor, or by whatever title he went ; and he had no motive
for offering any thing in disparagement of him ; in candour he
would say, that he rather believed him to be a wild adventurer,
of the most vivid imagination, .dazzled with the prospect of
power and sovereignty. The Jury had heard from his land-
agent that he was engaged in Edinburgh in selling land con-
veyed to MacGregor by a native Prince of the Mosquito Shore,
but who that native Prince was the Court was not informed.—
But if the plaintiff; in upholding his speculations, bad descend-
ed to artifices that he probably otherwise would not have been
guilty of, and then chOse to attack those who exposed them to
prevent others being so deluded, he must take the consequences.
Now Mr. MacGregor fir,t became connected with this Poyais
country he did not khow neither was it necessary to inquire,;
but the Jury would find him with an office at Edinburgh, send-
ing a manager of bank, clerks and secretaries, to this land
flowing with milk and honey. He held in his hand a book
written by Thomas Strange ways K.G.C. ; that was, Knight
of the Green Cross, with a picture of the Cacique of Poyais in
front, and another representing a handsome town. The titles
of the author were K.G.C., Captain of the Ist regiment of
. native Poyais infantry, and Aide-de-Camp to his Highness
Gregor MacGregor. The object of the book was to make it
appear that Mr. Strangeways being well acquainted, had been
enabled to compose a work on its beauties, the fertility of its
soil, and salubrity of its climate.—(Here the Learned Counsel
read several extracts of the most inflated description from the
book in question.) But, resumed the Learned Counsel, what
turned out to be the fact in this delightful region' This new
Government began where old ones often ended—by distributing
various sinecures ; for there was a King without territory, a
Captain without troops, and clerks without offices. The chief
city had two houses in it ; this was the territory that had been
held out to Scotehmen as surpasiing their land of heathen and
peat. There were two justifications on. the record :—lst, all
that the defendants were charged with publishing had been
published correctly ; and, 2dly, that the facts stated had been
.truly stated ; and surely a faithful representation before a Court
of Justice, or before a Magistrate, could not be subject of, an
action for libel. He did not mean to say that MacGregor did
not intend to compensate the persons he had deceived ; and if
the Jury should come to a decision to give hini damages, he
he had sustained. The Learned C
trusted the lowest possible coin would designate their sense of
the
Mr.
injury Counsel then called
John Prince--I am a Common Councilman of the City,
and Antrim accompanied Captain on the )4th October to the
Lord Mayor. The Morning Herald of the 14th October was
handed to the Witness, who pointed out Various passages in the'
-
TnratrgrirnapahndcmhiPnilaseinlV n. of as having' bee stated by -Captain
On the following day .Capt. Antrim
called at my house, and-said the articles was correct ; and I be-
lieve the whole to be correct.
Cross-examined by the Cox aiON SERJEANT—it was stated
by Capt. Antrim that the settlers were many of them persons
who had saved from 201. to 301. There might have been more
stated than appears in the paragraph.
Mr. Hughes sworn—I •
was at the Mansion House, with the
last witness and Captain Antrem, on the 14th of October, and ,
saw the report in The Herald of that day, and I think it was 3
very Correct one. It was stated that Sir Gregor had taken the
money of .the three orphan children's parents, and given them ,
notes on the Poyais Bank for them.
ert:-examitied by Mr. POLLOCK—I think the report is
very correct. Mr. Prince, on seeing it the day after we were at
the Mansion-house, said he was surprised at its being so correct.
Ann Baxter sworn—l am a widow. I accompanied my hu.s=
band, in .January last, in the Kinnersky Castle, to Poyais; and
we took our six children with us; my husband and two of the
children are dead ; they died there • my husband was a mason
in Scotland ' • he bought land in &vela, and paid 8/. for it at
the office in Edinburgh. There was no land for/us when we
we were ten weeks in getting to the Black Ri-
vgeOrt
;t
foundeoya;i s
nothing .but bushes anti stars ; there were no
white inhabitants ; nothing but the pale moon ; we all fell sick •
as soon as we got out, and no one was there to give its a drink
of water. My husband and children died at Belize of the ague ,
and fever. There were 150 went out in the Kinncr:ley castle,
and above 100 died there..

Mr. Nash sworn—f was introduced to Sir Gregor by a friend.
I was at first his secretary, but I chiefly looked for a Cornetcy
of Lancers. Sir Gregor asked me to write lines addressed to
Poyais, which he had printd and circulated. There was also
some poetry entitled " The Poyais Emigrant," Witten by my
sister. They were printed as ballads, and hawked through the
streets to attract the attention of the vulgar. The greater part
of Strangeways' work was written by M'Gregor. I gave the
sheets to the printer's boy. •Strangeways was at that time in
Jamaica. Before I came from the Mosquito shore, I gave in
a formal resignation, and called on Colonel Hall, who said he
had no money without I would take the Poyais notes. The
Mosquito King came to the Black River, and prevented the
settlers from remaining without they would be subject to him.
He said he had granted land to Sir Gregor, but having broken
his stipulation, the King revoked the grant. He understood
there were to be three Houses of Legislation; the. Members to
consist of such Yeomen and Barons as purchased land enough
to entitle them to seats in the Legislation.
Mr. Edward Law confirmed the testimony of the other wit-
nesses for the defence, and said he expected to see from the re-
presentations made, public buildings and a handsome town.
The case fOr the defence being concluded,
The Costsfox SERJEANT replied; and
His Lordship, in putting the case to the Jury, observed,
that the deMdants had put two justifications on the record,-
Ist, that the report was true and correct; and, 2d, that the
facts stated were truly stated. The Jury would have to con-
sider, whether the first plea, as his• Lordship thought it was,
was not true. If they so believed on that part, they must find
for the defendants. He thought the act of fraud respecting the
Poyais notes had not been proved ; and therefore, if the Jury
-thought with him on that point, they would -find for the plaintiff
on that part of the case.
The Jury almost immediately returned a verdict for the de-
fendants on the first plea; and a verdict for the plaintiff,•da-
mages one shilling, on the second plea.
Sir Gregor Mqiregor was in Court during the whole trial.