The Sun.
London, England, 1824-04-24 00:00:00

LAW INTELLIGENCE.

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COURT OF ICING'S BENCH, APRIL °,3'. •
This was an action to malicious‘ arrest. The
~
plaintiff is a native of South America, and Plenipotentiary (not
received) from, the Colombian Government to England. The
defendant is Mr. ;Mackintosh, a merchant in London.
The plaintiff alleged that the defendant, matis. cion.l y and with-
out probable cause arrested him for a pretended debt of 90;(100:1;
and detained him in prison two months. -. •. • ;
, „
Mr. SCARILETT stated the case. It appeared that the asnan..e
dant in 1821 entered into a contract with Don Lewis Mendez,
Minister, with full commercial and political powers from the
Colombian liernibliceto supply the South American Patriot-4
with muskets, powder, clothing, and equipments. The goods
were shipped and sent with a supercargo to Carthagena, where
they were received by Revenge. . Before the goods were sent,
Mendez gave a debenture to Mackintosh as a security for pay-
ment. In 1022 it was expected the debenture would have been
ratified by Mr. Revenge, who was then the Minister vested
witlrfull power to settle demands on the Colombian Govern-
ment; but some Objection arose on the coptracteand.Ravenga
withheld his sanction. The Defendant then applied for the
opinion of Counsel respecting the liability of ihe \parties.—
The Solicitor-General; Mr. Wetherell, and .Mr. Willis, were
of onion the Government of Colombia were liable. Al:.
Espinasse the special Phatier, was of opinien that Raveia'Aii-
was liable to be arrested, taid compelled to plead in abate.,
rent; that the. Government of Colombia were liable to pay for
the goods sold and delivered. Mr. Revenge was then writtee
to by the Defendant's Attorney.. The • letter. contained the
following passage:—" 1 therefore beg to apprise you, that, kr
the law or e.his country, you are personally liable to pay the
debt, and unless you de, or make sonic arrangement, I shall
i proceed against you for recovery of the same.". The plaintiff
was arrested on the rah of March; and. as it was almost inapos-
sible to find bail for 90,0001., he went to the King's Bench
Prison. No steps were taken during . Easter and ,Trinity
Term. In Michaelmas Term the defendant did not declaie
against him, but finally obtained an order to discontinue and.
put an end to, the action. The,.plaintiff suffered imprisonmtet
near two months, and it was contended that the defendant's
object was not to make him pay 90,0001., but force him.te
give effect and value to the debenture which he didnot-then
possess. • . .
The arrest, and legal proceedings were proved by witnesses.
The ATTORNEY-GENERAL was heard for the Defendant.
He considered Revenge one of the Colombian Government.
Mr. Mackintosh had acted under the opinion or, a professional
man, and therefore malace could not be imputed to him.
Don Lewis blendez, being put irl the witnesses box was
examined by the ,Spenish Interpreter. The witness detailed
the nature of the contract entered into with Mr. Mackintosh.
He produced two letters from the Minister of the' Colombian
Qovernmentonider which he was authorised by.the Provisional
Government to make a contract for the goods in question. The
contract was to be ratified at the meeting of Congress. Re
came to this country in 1810; as the representative of, the.o6-
vernment of Venezuela. The debenture paid to the defentlArit
was -issued by Mr. Zea, subject to the subsequent approved of
the Government..
Mr. Hernby, the defendant's attorney, .proved an appl.cs-
tiari having been made for the opinion of Counsel; and Cleat
ille. Fetpinassee the :special. Pleader, was of opinion that Ate,
Revenge was liable to arrest, after which he might put in'apaeas
in abatement, making the Qovernmenttf Colombia liable.
... Mr, SCARLETT, in reply; complained that the defencJart; 1)0.
not produeed the debenture in Court.. That instrument Woyn'
A have proved that Revenge was not -liable; It 'wee 4 'egisi'pr
~ e l .-
1 damages. - ..respeetable man; said Mr. Sae'r/ett, -ttrr ae r, ,
this country On apublit mission.' He comes 0-. do that'll il p
was just and generous, and is throWn into prison for ii(j' .t:,
The foreigner in such a case has claim to, lard dim see
Consider 'what would -be your own case if you - wenr:rn ~0";:-,,,
foreign country.pet heving your friends it hand htitlye4' were-
thrown into 'pnson for a ebt you never incurred, could you
conceive any thing-more detestable to Tour:feelings. yod vat
convince foreigners that if the law IS abused and pley-ate
thrown into prison that they will-find redresi, ancitleit aAu f
will vindicite the honour and Character of the country,:- • ..'t'
..
The Lam) CIIIEF JUSTICE left the Jury, to say whether.
Mr. Mackintosh acted upon an honest conviction that be ran&
following a legal opinion. If they thought he did so act, Piggy
ought to find a verdict for the defendant. His Lordship cen-
sUred in severe terms the language used by, the Attorney, w*m
had 'stated that Revenge. was bound to pry by the law of the
land. Attorneys were no; justified in etating the law et a
threat. In ease the Jury believed the defendant bad acted with
malice, they ought to give moderate tlarnages. ' -.
• The Jury retired froin' the box, and on their 'mum found a
verdict for tllc plaintifft-Damages 2.501.

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DEA T ji Q r P. IN6Lls.:—‘ A It;pc') iirevai II- ktist
P. hie•A the antagonist to: :Ned Tlirher;' died. yeistertisr;
thronai 'the punishment he received in the late- fill'ht..; and War
*arrants have been issued for the apprehension of Turner fc..-.J•
the seconds.