The Sun.
London, England, 1805-07-23 00:00:00

IC,AYE V. BAILLIg.

• The Plaintiff in this case-is an eminent,City At-
terney, and the:Defendant a West India Merchant,
the sane who, had the late-fracas-with Lord 14,0 t.---
The Action was for a Libel published by the De-
fendant, ivileding.upon the charaetei of the Plaintiff.
,The Declaration stated, that the .Pla infiff was em-
ployed as Solicitfx to the COtnrnissioners appointed
by A& of ParliaMent for granting 11.,:liet• to the
Merchants of Grenada and St. \queen!, and in 61.-
der to traduce him in that character the Defendant
publishe4 And printed a .14ttte,f- addre.ised to him,
which in.Atbstance contaiiled a follOws

• , •
St it—lt is well known to all my enemies that yott' have
done every thinr; la your power. for years past to harai:sme.
Your antipathy to Inc arises from my nor having (Imp toyed
you protes:;ionally when I, cntsse into bii,ineSs in the year
1793, -and' for objet.ting to ,'yattr morbitaot chargers •maile
agsmst my house on account of
.the loan of ti xi:beim Bilis
las' that year.- You were, and still ,are, Solici!or to the Corn-
.missioners, and your supposed influence' induced the unfor-
tunate applicants to give way to your insolence add
mit demands,. 1h amongst others, was, obliged to submit,
though with rehielinee. rho trouble and .vexation which
you have subjected rate t* with that Board are beyond con-
ception ; and so inveterate is your rancour, tliat All my ene-
mies cease toemploY their usual Agents, zwd apply to, you,
whga'they wish to carry any.ponit'agamst me."

To this the Defendanthad pleaded that the Plaintiff
had, in truth and u feet,. subjected hint to great
vexation with the above-named Commissioners, .by
threatening to issue Writs -of'xtent, without any
cause. or reason. He had also in another plea seited,
that the Plaintiff had indnced Graham and Co. to
pretend. that they had authority fromitoliert Gordon,
who Wel,i his Bondsman to ihe CoMmissioners, to
withdraw Gordon's name asliS security.
The SOLICITOR-GENgIiAL 'stated the importance
it was to the, Plaintiff to rescue, his, charaCter from
the imputation which had been cast upon it, andde-
tailed the circumstances which led to the present
action. Iu consequence of the 11
10Stivenme
rtrOaiolliaS which
took place in the West Indies, G.
.ill the
year 1793, passed an AI of Parliament for granting
relief to the Merchants of Grenada and Si. Vin-
cent's. The Defendant, George Millie, was-one of
those who suffered, and had the sum of 25'4,0001:-
advanced to his House upottAuding the. ~,eeurity re-
quired by the Aid. The were :intim-
rised to appoint a Solicitor, and they. those Messrs.
Winter and Kaye, the Plaintiff, i.vhose duty it NN;as,
to manage their law concerns: The money advanced
by this At Was to be re-paidat ~.41.1. periods by
instalments ; and without retlerring to p4rtlimlar St lA-
lutes, it would be sufiietent•for him to tell the Jury,
that these periods were enlarged by five different
Acts of Parliament. Mr. Baillie veas one of thcise
• who had 'continually applied lei indulgence, :until.,
at last the Commi4siopers direCted that extents.
should be issued against the 'defeulters.
And here he. must Say, tint Mr. E.aye acted very
blameably he was guilty of almost a neglect of.
his duty e for instead of issuing the extent against
he merely sent him a notice; of the Com-
missioners' order. He now WAS requited by the libel
which Mr. Baillie had 'thought proper to send fbrth
into the world, 'under the title of i;e,orge Baillie',
Narrati‘Te of the Mercantile Trans',:dions of his
. House, from the. year 1783 to 1795.1° To this was
added, an Appendix of Documents and Letters,
:tituong.which was the one addressed to Mr. K:tye:
et "jr. these there Wa§ hzirdly one which was not a
libel on some one or other. The whole was pus
r(etque vtinouln; and it was rather singular that
these letters seem-ed written foepublication, for some
of themhed never been sent to the persons to whom
they were addressed. Mr. Kae, fOr instance,- had
never seen' the one addressed to hiM until it was
printede—The Souceroa-Gt:NEUAL concluded by
stating, that he should distinctly ,prOve the falsity
of all the Defendant's 4;ipersionsf
The Print proved that he printed the Book by
order ofMr. Baillie, who,had the whore Impression.
delivered to him.. Several Merchants in the City
kroved that they reeeit'ed Copies, but they did not
now from .what o Leiner.
Lord BaYlling, quarter.
Maitland, and Mr. Hunter,
'three of the Commissioners under the Bill fur grant-
- ing Relief to the Grenada, ,Merchants, stated, that
Mr. Icaye always conduced himself with great pro-
priety i that he never obtruded his. advice • unasked
for, or was the means of giving Mr. Baillie any triiti-
ble or vexation.; nor did he ever oppose any indul-
gence which the Commissioners were inclined to
grant.
Mr. White, and several other respeaable Attor-
flies, looking St Mr. -Kaye's Bill, for.the business
done. in 1793; for the House of Baillie and Co. stated,
that it was extremely reasenable; theßill.amounied
to 1801. of which 701. Was money paid in fees, &c.
The business was in, pre the r 1- oar;; securities
for, 250,0001. advanced by, the. Commissioners.
Mr. 31mA-fee, for the Defendant, addressed the
Jury at some length, anti argaed that IA had believ-
ed what 11‘ said to be true. He eil!ed Mr. Ttirinve
fermerly a Partner m the Defendant's I1(:use, to spied:
to the charges of the Bill ; but he 'said the Houw
was so well satisfied with Mr. Kaye's cendtia in that
business,that therprehented him with 601. above the
amount of his Bill. He . I*.tt Mr. Millie
had not seen the Bill until ;• accused the
Plaintiff of beingeXorbieee . Ch:113:5, Es it was
since that time he sent ftlr a of it,
Mr. Charles Graham' . , t
other plea, namely, . . . , r. Kay
to withdraw Gee . '
titles, 'without • -
ever, provet., 4
104:er tiout t; .eretnely

niilit,&i.to you fUr your irou'al4 rag.' e.ic:ti,,lns
t lag rc4eased from this dist'ess." -

The SoLiciTott-GENERAL having, replied-
LOraZtlfriort. ouGn oluerved, that if the aaioti
had beci, Lnought Captiously, .becaui'ie, a pie,h4on had
ifl•Lk4qi, Oriitt&ertently sciiili that the Plaintiff's bill
1 or exorbitant, he should not have thought
it would haile been Worth the trouble of th::1 Pkzin-
tie:to.vindieate his charlterter in A. Court. But cer7
tamly the letter, which they. Defendant had. published,'
contained so Many, and charges pressing so heavily;
that the Plaintiff could not have held-Iris head up
fairly in 'his professional rank if he had- passed 'them'
Over without riotice:: And having brought his 4(14
tiott• affer the plea put upon recOrd,l/4he was bound to
proceed, for he could not stop short without. sub-
Scribing to his- own infinity., He was charged in
bi 4 public cliarafter of abitSing the situation whichi
he held; -and- lierverting his duty-. to the- oppression
of those be;ought to serve. It was said; that he
conceived the libel to be true ; but he had aggra-
vated it by plea, for there he averred it to be
true ; indeed, he gone Shrtheri and pub-
lished a supplemental libel, -the the charge N‘itille-
spea to, Davidson and Grahain' formed no part of
.the original libel. It was difficult to ,Ceneeive that
Mr. Kaye was actuated by any motive's' of private
Malignity, ,ford' he were, he had the full means of
gratifying thent.
,- When the Board ordered e4tenti
to be issued, he 'had -it 'lit his poi°7,ter at-
most hia-hounden: duty to liave issued them with
ont delay, ;and yet be contented.himselfWithgivillg
the Defendant notice. Certainly in 'this he, esl- •
posed -hirnself to the danger of Ly
riot giving iinmediafe* coinpliakice to the order; oe
the Board:'•ll*';:fory would determine W!w.-rt repa-
ration this Gen:o6ll.l;m Was intided in ColliQ-
(ponce of the slander thus uttered against him.
Verdict for ,the Plaintiff.—DSmage3, wool. the
whole amount laid in the Declaration: