The Sun.
London, England, 1829-01-22 00:00:00

LAW DITELLIGENC.

COURT. OF COMMON PLEAS, JAN. 1.
PEDLEY v. WELLEsLEY.
Mr. Serjeant CRoss and Mr. BRODRICK appeared
for the plaintilt. The former stated that this was an'
action brought td recdrer.a strati of money as com-
pensation for services perfOrmed by the plaintiff for
the defendant; in procuring the attendances of wit-
nessett, and if otit<utring eiidenee relating to the
appeal in which Mr. Wellesley Wn4 erigaed ih the
House of Lords. The jury would probuoly retol-
lect, that is the early part of the last year, Mr.
Wellesley was engaged in an important litigation
in the Court of Chancery, in which the Lord Chan
cellor had given judgment against him. From that
judgment Mt. Wellesley had thought proper to ap-
peal to the route of Lords; and when his case was
removed thither, he seetnea td stippott that lie
would be allowed to adduce new evidence tipoit it:
In order to do this, it was necessary for him to col-
lect the testimony of persons resident in London and
in Paris, and fur that purpose he required the assist-
ance of a man in the habit of frequenting both these
cities. Such a person he found in the plaintiff,
who was an Englishman, but who had been
carrying on trade in Paris as a manufacturer of
mineral waters. He was the brother of two persons
who had long carried on the same business in Lon-
don. Mr. Wellesley applied to the plaintiff to come
over to this country, a requisition with which he im-
mediately complied, and, on his arrival here, he went
to a louse occupied by Mrs. Bligh, in Baker-street,
wherebe met Mr. Wellesley, Mrs. Bligh, Mr. Powell,
their solicitor, and Colonel Paterson, the father of
Mrs. Bligh. The first thing these parties did was
to hold a conference together as to the course to be
pursued, and it was arranged that the plaintiff should
sleep in Colonel Paterson's house that night, and
should go off the next morning to fetch Mrs. Scott
from Paris. lie did so, and immediately returned
with her to this country; He shortly after-
wards made a second journey to Paris, to fetch a
Mr, O'Meara, but as the courts here did not possess
the power of enforcing the attendance of witnesses
residing out of their jurisdiction, he returned with-
out having succeeded in the object of his mission.
When he came back he was placed in lodgings by Col.
Paterson, who paid for those lodgings, and who also
settled some part of the plaintiff's charges for expences,
as Mr. Wellesley did not like to appear in any pecuniary
transaction connected with the business. Some expen-
ces of the plaintiff, however, still remained unpaid, and
he had received no remuneration for his loss of time,
for the services he had performed, or for the loss he
had sustained in neglecting his own business to at-
tend to that of Mr. Wellesley. It was to recover
some compensation for these services and this trouble,
that the present action was instituted. The defend-
ant might say that he had reaped no benefit from
these services, for that he was not suffered to give
fresh evidence in the House of Lords ; and that al-
though he had attempted to turn that evidence to
account in an indictment he had preferred at the
sessions, he had failed in doing so, as the Grand
Jury threw out the bill. This defence, however,
was no answer to the plaintiff's demand : that de•
mand would be proved from the enemy's quarters,
but he had no doubt he should be able to make out
• his case.

Colonel Paterson was put into the box, and he
proved that the plaintiff hod performed the services
stated; but from the Colonel's evidence it appeared
that he had himself given the directions to the plain-
tiff, and had paid him money on account of the ex-
pences incurred. That money had, in too instances,
been repaid him by his d iughter. She wits at that
time iivit,g ix the same house with Mr. 'Wellesley.
The money eels paid to witness in a dressing-room
adjoining Mr. Wellesley's bed-room. Witness did
not ask her where she got the money. He never
asked questions. The money was repaid to him,
and that he considered sufficient. He took this
trouble, and he incurred these expenses, for the be-
nefit of his injured daughter, and he would have paid
30 times as much if he had had it. The plaintiff
always received his directions and money from wit-
ness. M... Wellesley never interfered in the matter.
Mr. Sergeant Cause directed the Crier of the
Court to call Helen Bligh, otherwise Wellesley.
Mr. Sergeant WILDE asked Colonel Paterson
whether he had not been present ut his daughter's
marriage to Mr. Wellesley.
Colonel Paterson answered in the affirmative,
and added, that the marriage took place in Novem-
ber last.
Mr. Sergeant WILDE objected, that a wife could
not be admitted to give evidence against her hus-
band.
Mr. Sergeant Cross said, sho had received her
subpoena before this marriage, and it could not be
permitted to one party to deprive another of a wit-
ness, by marrying her in the mean time. (Laughter.)
The LORD CHIEF JUSTICE thought it was not
very likely that many witnesses would be with-
drawn from causes in that manner.—(Continued
laughter.)
Mr. I.3aODERIe said, there had been a case in
which the Court held, that an underwriter, who had
acquired an interest in a policy subsequent to re-
ceiving his subpaena, was still liable to be examined
as a witness in the cause. (Loud laughter.)
The LORD CHIEF JUsTICE could not conceive
that there was any resemblance between a wife end
an underwriter, and he should reject the evidence.
Susannah Scott was then called, and she de-
scribed the employment of herself and the plaintiff
as having been originally marked out in a conversa-
tion between her and Mr. Wellesley upon her first
arrival in London. She often saw Mr. Wellesley
afterwards, but never spoke to him, as it was ar-
ranged that he should not appear in the business,
although in his first interview with her he had pro-
mised her protection, and an annuity of 1501. for life,
if she would do what was required. Col. Paterson,
too, told her that when she was speaking to Lim or
to Mr. Powell, she might consider herself as
speaking to Mr. Wellesley. When she found
that they wanted her to contradict her former evi-
dence in the Court of Chancery, and to entrap her
into an indictment for conspiracy, in order that she
might turn round and be King's evidence, she re-
fused and quitted the country. She swore that her
expenses had been paid by Pedley.
On cross-examination she was repeatedly asked if
she had not represented that she had gone to inns
at Henley, Oxford, Wallingford, Dartford, and
Leatherhead, with a man named Nixon, the clerk
of the .attornies engaged against the present de-
fendant; whether she had not acknowledged sleep-
ing at those places with Nixon, and whether the
journey she had spoken off had not been undertaken
in order that she might be identified by the servants
at those various inns. She answered these ques-
tions at first in the negative, but upon their being

pressed,
The LORD CHIEF JUSTICE said that such admis-
sions would be evidence against her in the Ecclesi-
astical Court, and she was not bound to make them.
His Lordship regretted with Mr. Jui.tice Blackstone,
that there was no other punishment for adultery in
this country than what could be inflicted by the
feeble arm of the Ecclesiastical Court; but still a
witness was riot obliged to render herself liable even
to that punishment.
Mr. Sergeant WILDE put into the witness's hand
a paper, desiring to know whether that was her
signature attached to it. She answered in the af-
firmative, and the paper was handed in to the of-
-ficer to be read. The vary first sentence of this
paper made the admission which the Lord Chief
Jus ice had declared he would not receive.
LORDSHIP complained of this proceeding,
'and after some warm discussion between him and'
the Learned Sergeant the paper was rejected. The
cross-examination was then continued, and she
swore that although she had signed this paper she
did not know its contents, and that the paper pre-
pared by Mr. Powell as her statement was not the
statement read in Court, and did not begin in the
same manner. She admitted that she had been at
there various places with Nixon, but that when she
went round again to them with Pedley and Wick-

tam; the clerk of Mr. Whitelock, Mr. Welleslo
titftlitteit she did not know for what purpose the had
been taken to thetti, and she did not discover untie
nearly the end of the busineqs,
Ruthven, the ?olice-officer, who had secompanietf
her to her hasband's residence on ?ev arrival in'
tewn, as she pretended to be alarmed at his pas-'
sion, was called to prove the employment el Ped-7
ley by the defendant, but gave no material evittince
on the point ; and in his cross examination, et*.
thistly stated that Susannah Scott had told him;
' sht., tattle to England for the purposes alluded to by
Sertiettnt Wilde, and which she had just denied.
Mr. Sell:data WitgE submitted that there wieS
no evidence to go the joy in support of the plain-
tiff's case.
The LORD CIIIEF JUSTICE was of the same opt-'
nion, and the Jury, expressing their. belief that the
credit had been given to Colonel Paterson, and not
to Mr. Wellesley, the plaintiff was nonsuited.
Mr. Powell wished to address the Court as to
the statertients made regarding him by Susannah
Scott, whom he ectlid Completely contradict ; but,
as the cause was at an end, the Lord Chief itteticat
refused to hear him. However, at the moment his
Lordship was about to leave the Court, he said
that, in justice to Mr. Powell, he was litood to ob'
serve, that from all he knew of that gentleman, he
was incapable of acting in a dishonourable manner,

HIGH COURT OF ADMIRALTY, JAN. 21.
THE ADELAIDE-SLAVE CASE.

This case was part argued during the last term,
and the arguments Were resumed this day.
The KING'S ADVOCATE, who had not previously'
Appeared in the cause, stated that the prosecutiom of
this appeal had hitherto been carried on by Captain
Jones, of his Airtjesty's ship Orestes, as the seizor of
the Adelaide, at his own expense. ft was quite
clear, however, that his Majesty had an interest in
the cause, and upon the facts being laid before him',
under the orders of the Colonial-office, he had ad'
vised an application on behalf of
to protect Captain Jones, who actedi throughoutlVajesty, es as
this transaction very meritoriously, from any i.7e"
judice which might arise towards him from the Weil
that he was prosecuting this case, his Majesty's ad-
visers having decided that it was not a fit case for
prosecution. The fact was, that the case had not
been laid before the law officers of the Crown by
some mistake; but, as soon as it had been laid be-
fore them, it was decided that the Crown should
take part in the prosecution, and he now appeared
on behalf of his Majesty to support the appeal.
The Judge said that the appearance on behalf of
the Crown was extremely:satisfactory, as the integrity
of some persons holding situations under the Crowe
was implicated.
The KING'S ADVOCATE then addressed the
Court at _considerable length in support of thii,ar,
peal, and-after recapitulating the facts of the ease,
proceeded to contend that it was clearly the inten"
tion of the legislature,. by the Slave Coneolidatior!
Act, to prevent altogether the removal of slaves
from one colony to another, and that this case could
not be considered to have come fairly 'within the
exceptions mentioned in that Act.
Dr. DODSON,. on the-part of the respondents, re-
plied to the arguments of Dr. Lushington and the
King's Advocate. The Learned Counsel entered
fully into the facts of the case, and concluded bat
submitting that the judgment of the Colonial Court
was justified by the state of the law and the facts Of
the case, and that it ought to be confirmed, and•the
appeal dismissed.
Dr. Ntcnor, followed on the same side.

The arguments occupied the Court until its rising'
and the case now stands over for judgment.

OLD BAILEY, JAN. 21.

At two o'clock the Recorder took his teat in the Nee
Court, and immediately proceeded to pass sentence upon
the Prisoners convicted during the Session. !Sentence 0,
Death was passed upon the following :
Benjamin Barrup, for maliciously shooting at Mai
Mortlock ; John Cannon, Benjamin Holland, Henry Ri^
chardson, Josepli Donovan, Thomas Mulgrave, Henri
Wood, John Woodison, Jennings, Geo. Clivee, John
James, Robert Barton (for forgery), Geo. Robinson, Joseph
Eolland, Esther Shaw, and Fred. Burn.
Transported for Life—E. Rntaell, William Parsons, and
Benjamin Holland.
Transported for Fourteen Years—Thomas Wood, EIO
Rivers, William Yardley, Chas. Trew, John Puddy, Marl
Steptoe otherwise Belford, Joseph Adams, Wm. Deedresse
Thomas 'Williams, and Elizabeth Sugden.
Eighty were ordered to be transported for seven years:
one to be imprisoned twelve months; nine for six months;
ore for five months; six for four months; fifteen fur three
mouths ; eight for two months ; four for six weeks; this'
teen for one month ; fourteen from seem to fourteen days;
and on three judgment was respitetl.
For Seven Years.—Michael Nowlan, William Ray, Oa*
Readinz, Charles Butters, James Ferguson, John
hams, William Green, Thomas Lindsay, Joseph Jerre*
James Haynes, Mary Rice, William Holmes, Robert San'
some, Charles White, Francis Nichols, Thomas Bank",
-Limes Pickering, tones Steptoe, alias Belford, panic'

Heath, alias John Lloyd (for bigamy), George Gardiner,
Robot Newman, John Walbrook, James Marley, William
Hancock, John Hancock (for stealing fowls—two well-
known chat acters), John Perkins, Joseph Siblry, Job"
Smith, Mary Sweet, Joseph Edeson, Mary Jordan, Mali
Fox, John Eaton, John Barton, John Francis, Jame"
Dillon, Hannah Goodman (for bigamy), William Yardley
(convicted on two indictment., and sentenced to set"
years transportation on each), William Pearce, George
Phillips, Charles Dalton, Henry Radford, John Jame''
Jane Grady, James Farrell, George Donovan, George
Cummins, Thomas Jones, John Noel, alias Thomas George
Yardley, John Williams, Joseph Coder, Louisa Palmer,
Owen Evans, William Carlisle, Thomas Rockley, Job"
Green, James Cider, Charles Smith, Robert Richardsoor
henry Perry, Henry Adams, Thomas Turner, Jose
Chisley, Jeremiah Lloyd, John nudge, Samuel Legrave'
Charles Lewin, Margaret Jenkins, Ann May, John Cock"
field, George Donald, John Bristow, George Tayk",'
Charles Tapps, William Topping, Henry Simmonds,
John McDonald.

Several were sentenced to various term. of imprison'
ment, and some to be whipped and discharged.
The Sessions thm adjourned to Thursday the 19th °I
February.

BIRTHS.
On the 19th inst., at the Manor-house, Hertingfordbuei
the lady of the Hon. and Rev. Robt. Eden, of a eon.
On the 19th inst. at Wrotham-park, the seat of Georg'
Byng, Esq., the Lady John Thynne, of a daughter
On the 20th inst., at Weston-green, Surrey, the lady e
the Rev. Edward Woodhouse, of a daughter.
On the 20th inst., at:Lavender-hall, Mrs. Bogle sjuitb
of a son.

MARRIED.
On the 19th inst., Mr. Henry Fielder, to Elizabeth
eldest daughter of Mr. Thomas Ryder, Lambeth.
On the lith November, 0.5., at St. Peter bure
Dr. Thomas Walker, Physician to the Embassy the'
to Miss Charlotte Wistinghausen, daughter. of Frederi
C
Wistinghausen, Esq.
On the 20th inst., at Radford, near Nottingham, b
the Rev.
head, in the county of Ayr, to Anne, eldest daughter
the late Hugh Campbell, Esq., of Mayfield, in the •ail
county.
On the 20th inst., at Great Stanunore, Middlesex,
the Rev. J. 11. 'Mapleton, rector of Christchurch, Surre
Richard Gullett Whitfield, Esq., to Charlotte Warnefor
third daughter of the late Philip Roberti Willson, Eeq.►
Barnet, Herts.

DIED.
On the 20th inst., at his house in Hawley-square, 142
gate, Susanna, wife of Joseph Taylor, Esq., after a 101
illnLS c.
On the 18th inst., at his house, Chancery•-lane, Mr. "Ar'
Burch, solicitor, aged 32.
On the 19th inst., at Warley House, Essex, Char.
Edward, the infant son of Sir John Hawker English.
Ou the 19th inst., at Great Baddow, Essex, of a rat
decline, Lieutenant Charles Urquhart, late of the 81
Fusileerg, third son of the late Walter Urquhart, Esq.
On the 19th inst., iu Torrington-square, aged
Elizabeth, relict of the late Sampson Hodgkiason, Ey
of Upton, Essex.
On the 16th inst., at Tor-hill-cottage, Devonshire,
the 28th year of his age, Robert Stewart, Esq., of
Bengal Native Infantry.

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