Star.
London, England, 1824-04-27 00:00:00

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. Mayll
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28
APTIR

Wednesday
Wednesday
Saturday

. . May 12
• 19
•
• . 29

Tuesday . . June 1 I Wednesday . . June
Sit at half-past twelve o'clock on the 11th, 12th, 17th, and 19th
of May ; and at half-past nine on the other days.

WHITSIDES V. WESTON.

Mr. BROUGHAM said, this was an action brought to
recover the sum of 1401. paid for a horse, warranted
sound, but which did not answer the warranty.
Mr. SCARLET? contended, that the animal was per-
fectly sound at the time of sale, but wasznaterially in-
jured in the feet and Limed by the hard riding of the
plaintiff. The horse had been driven a long journey at
the rate of nine miles an hour, and from undergoing
hardship of this description the animal was injured.—
Verdict for the defendant.
INSOLVENT DEBTORS' COURT, APRIL 26.
The. Court sat to hear unopposed cases, and those
against whom opposition was entered were ordered to be
adjourned until the 3d of May; as will also the op-
posed cases of this day, until the 4th proximo.
John Holland Goddard, a fashionably-dressed young
Than, whose case was heard on the 3d ult. came up for
judgment, his service of notices being complete.
On the original hearing the insolvent was opposed on
behalf of Mr. Charles Fores.

Mr. Commissioner H. FIRM, in pronouncing judg.
ment, adverted to the previously adduced, aii,
observed, that, when the insavent was first before the
Court, they expressed their marked disapprobation of
the insolvent's conduct. It was quite manifest that he
had obtained goods of Mr. Forts to a considerable
amount, by reason of false pretensions, and which goods
would not have been delivered, but for the representa-
tints then made, for which there was not a shadow of
pretext, as the insolvent well knew that he was unable 1
to complete the contract he entered into. The adjudi-
cation of the Court, therefore, was, that he should not '
Le discharged out of custody, or receive any benefit or 1
protection under the Act, until he should have been in
custody for eight calendar mouths from the date of his I
petition, and confined within the walls of the prison for
:iaudulently contracting a debt with Mr. Fores, at whose
suit he was remanded.
SHERIFF'S COURT, KENT, APRIL 26.
CRAFrEIt v. WEBSTER.—This was an action brought
by the plaintiff against the defendant, for a libel on his 1
character. The defendant having suffered judgment to
goeby default, a Jury was yesterday summoned to the
Green Man Tavern, Blackheath, to assess the damages. 1
Mr. CHARLES PHILLIPS appeared for the plaintiff. 1
The defendant conducted his case in person.—The Jury 1
having been sworn,
Mr. PHILLIPS said, that he appeared before them on
the part of the plaintiff, to appeal on his behalf for such
damages as they thought he ought to receive for a
gross, scandalous, and malignant libel, published against
him by the defendant. For between forty and fifty
years the plaintiff had been employed in the service of
his Majesty—he had retired from that service, but not
without that honourable reward which, in this country,
awaited the old age of those who have devoted their
youth to the service of that country. Mr. Crafter had
rendered to the Government no unimportant advantages
—he had, when he entered the service, found that the
mode by which troops were removed from the county
of Kent to that of Essex, was exceedingly expensive;
and he suggested a plan, which, unlike most such plans,
had practicability to recommend it, for the removal in
question, that tended much to diminish the expense to
Government. His suggestion was adopted, and to him-
self was assigned the task of executing it. It was the
former custom to employ a number of boats: this cus-
tom was modified tinder Mr. Crafter's regulation, and a
small sloop was engaged, and the boats merely em-
ploed to convey the troops to and from this sloop.
By an agreement into which Mr. Crafter entered with
the OrLinaece, lie engaged at the rate of 14s. 6d. a day,
to furnish the sloop, to keep her in repair, and to pro-
vide her with all the necessary equipments. The boats
belonged to the Ordnance, and they were to be repaired
at the expense of Government. The defendant, Mt.
Webster, who was a shopkeeper at Greenwich, had for-
melly been employed under Mr. Crafter ; he had there-
to: e an opportunity of witnessing, almost daily, the con-
duct of Mr. Crafter. In the course of that period during
which the defendant served under bins, he had occasion
,try frequently to apply for Ordnance Stores which
the other craft required; for, as he (Mr. Phillips) had
before observed, Mr. Crafter was to supply his own
sloop with pitch, tar, ropes, and all other matters neces-
sary to purposes of navigation. He had stated that
Webster held a situation under Crafter, and it was ten
years since he left that situation. He begged of the
Jury to recollect that circumstance. Its materiality
would soon appear obvious to them. Mr. Crafter,
though a most respectable, was not a wealthy man, and
it. wuuld not surprise the Jury to hear, that a female, a
near relation of his, set up a shop in the same street
where Webster had already been engaged in business,
and until that shop was opened the defendant cautiously
abstained from uttering even the most distant hint pre-
judicial to the plaintiff's character. This, however, was
not to be endured, and he, who had preserved a more
than Pythagorean silence, W ith regard to the alleged
delinquencies of Mr. Crafter, was seized with a sudden
fit of honesty, and determined at last, if they were to
believe him, upon Crafter's ruin, and the preservation of
the country. He in the first instance forwarded a copy
of his. charges to Sir G. Hosts. The charges were
examined by Sir George, and upon that investigation,
he found so much extraneous matter mixed up with
what might certainly justify, if true, the severest pro-
ceedings against the plaintiff by the Ordnance, that he
requested the defendant to state some specific act of
misconduct in Crafter, and it should be strictly investi-
gated; that as far as he could determine upon the ge-
neral cLargeb made by the defendant against Crafter,
they were altogether without even the shadow of justi-
-scAtion. The Jury will easily suppose that the deci

sion of Sir George was not received with favour by Mr.
Webster. It was the decision of an honourable and an
impartial man, and of course not very suitable to the
spirit in which it was solicited. Webster declared that
he could not condescend to go int() acts of individual
misconduct. That his charges must be investigated as
they were preferred by him, or not investigated at all,
and that if Sir George hesitated, there was still a higher
tribunal to which he could appeal. The result was,
that Sir George Hoste returned the papers of Mr.
Webster. Nothing abashed by the decision of Sir
George Hoste, Mr. Webster was, in this instance, as good
as his word, and he took special care to send the following
document to his Grace the Duke of Wellington :-
44 I stated to Sir George Hoste that I had been treated
very ill by William Crafter, and his father (the plaintiff
in this action); that they had no right to treat me so,
for I had saved William Crafter, jun. pounds, and that
his father had publicly suffered his vessel to be furnished
with rope out of the Ordnance Store, paint, oil, turpen-
tine, pitch, tar, nails, &c. when at the same time the
vessel was hired for 145.6 d a day, and he was to find her
in these things. I do not allude to any of the rope, &c.
left on board for the use of the Ordnance craft. The
above embezzlements were made, to my knowledge, from
1807, until August SI, 1814. At these intermediate
times, between the two respective dates, when anything
might be wanted for the vessel, the aforesaid, as to what
I have stated, has occurred under my own immediate
knowledge. But if the Honourable Board should think
proper to make an inquiry, I flatter myself that other
embezzlements will be found to have occurred in a
most disgraceful and flagrant manner, and that I shall
prove by witnesses that the plaintiff has been guilty of
embezzlement."

The Duke, naturally enough, inquired into the cir-
cumstances of this extraordinary accusation, with that
vigilance which never fails that high personage where
the public interests are concerned. He found, how-
ever, as Sir George Hoste had previously ascertained,
that the charge was without foundation—that it was
false and malicious. The Duke of Wellington's deci-
sion, one might suppose, would satisfy even Mr. Web-
ster; but no, he had still another appeal. One could
fancy this honest man, this disinterested and persevering
patiiot exclaiming, upon the rejection of his charges by
the Duke of Wellington—
" Fir'd that the Duke rejects them—ecleath, I'll print them ;"
and so he did, and placed them in the window of his
shop, in one of the most public places of Greenwich ;
not, indeed, the same charges, but a declaration to the
following effect:
" Gross and scandalous conduct in the Ordnance.
The Ordnance refuse justice, and connive at acts of
fraud and embezzlement."

This publication did not escape the notice of his
Grace the Duke of Wellington. He had investigated
the charges made by this malignant man, through the
most pitiful motives—he had pronounced upon them
his deliberate opinion, and he still saw that the charges
were continued, and in such a way as to reflect general
discredit upon that department over which the Duke
presided. Therefore, high 'and exalted as he was,
though such a scandalous libel could not approach his
reputation, yet, anxious for the character of the hum-
blest individual connected with his department, the
Duke of Wellington desired Mr. Crafter to bring his
action against the defendant, Webster, for this libel,
that he would thus enable Webster to try the truth of
his charges; and his Grace added, most properly, that
unless Crafter proceeded at once with his action, he
should no longer continue in the Ordnance. Gentle-
men, said Mr. Phillips, there can be no doubt that the
Duke of Wellington, when he desired the plaintiff to
take this proceeding, anticipated his complete acquittal
from the charges preferred against him; but I do riot
think his Grace could have anticipated the course which
the defendant has thought it expedient to pursue.—
He has allowed this unfortunate man to commence his
action, to incur further expenses, to which his means
are most inadequate—by continuing the action, and
when the time came for putting his justification on the
record, he allows judgment to go by default, thus de-
claring that he has without excuse, and we shall hear
with what extenuation when he comas to address you,
slandered the plaintiff so grossly and so malignantly.—
The offence imputed to the plaintiff is one which must
have, if true, dismissed him from the service with dis-
grace, if it did not consign him to end his days in a
country of felons, far from his home, and children, and
friends. I have said that this libel was without excuse
—that it clearly originated in private malice, and had
no other object than the ruin of the plaintiff's reputation.
What excuse you are to hear from the defendant to-day it
is not for me to anticipate. He may advert to his poverty.
Gentlemen, before a man makes a charge involving the
ruin of another, he should be sufficiently guarded to know
that poverty is no excuse for misrepresentation. The
law on this subject says, he that has not a purse to pay,
has a person to suffer, and you will recollect that the ob-
ject of this man was to reduce the plaintiff to destitution.
However, I am told, that he has publicly declared, it
matters not to him how this case may terminate; that
he sold off all his property immediately after the com-
mencement of this action, and is resolved upon paying
the plaintiff by the Insolvent Debtors' Act. This is the
plaintiff's case. I have stated it without comment, and
certainly without aggravation. It needs them not. It
is a libel upon an old man who is not defenceless, for his
honest character is his shield against the calumny. You
will give him such damages as you consider him entitled
to receive for an attempt made, at the decline of life,
to deprive him of that character without which life
would lose its, for him, few remaining gratifications.

Sir George Hoste said he commanded the Royal En-
gineers, at Greenwich. The plaintiff had now a pension ;
he was apparently more than seventy years of age. I
know, said Sir George, Webster, the defendant ; I had
some communication with him on the subject of this
libel. The communication was at first verbally, but I
requested that the charges he had to make against the
plaintiff might be committed to paper, and accordingly
on the next day Webster delivered them to me ; they
were substantially similar to those which I received sub-
sequently from the Duke of Wellington, but there was
much extraneous matter connected with them. The
charges, as far as they were specific, I investigated, but
I requested him to sti ike out the extraneous matter, and
this he refused to do. As far as I investigated the
charges I do not believe they had, in fact, the slightest
foundation. In consequence of his refusing to cut away
what I deemed redundant matter, I returned his papers
to him, and some days afterwards I received them back
again with the Duke of Wellington's note accompanying
them. I know the shop of the defendant; I saw the
placard alluding to the refusal of the Ordnance to grant
investigation, in the defendant's window.
-The paper which hir.Pumuirs read in his statement was produced.
Sir tieorge continued—l read that paper; any ouc might read

it; I told the defendant I had read it, and that it csnild not be pasted
over by the Ordnance. He replied, " that's what I want." I re-
ceived a letter Irons the Duke of Wellington, desiring that this
action Should be commenced by the plaintiff, otherwise he was not
to continue in the service.
A note from the Duke of Wellington, to the above effect, was
produced by wituesss, and read to the Jury.
Witness continued—l must say, from all I have heard of Mr.
Crafter, he bears the highest possible character.
The defendant declined putting any question to Sir George.
The libel liras then read, and Mr. Pnittres said he would now
close the plaintiff's case.
The defendant proceeded—Mr. Sheriff and Gentlemen of the
Jury—As lam placed in the situation of a defendant, unable, from
poverty, to engage the services of a Counsel, or even of an Attorney,
I hope you will extend to me still more indulgence than is always
granted to a defendant pleading his own cause. I can assure you,
Gentlemen of the Jury, notwithstanding all that has been said to-
day by the Learned Counsel for the plaintiff, I was not actuated in
this proceeding by malice prepense—for I disclaim all idea of per-
sonal hostility to the plaintiff. On the 2tith of April, 1315, I wrote
the libel, as it has been termed. lat first complained of the ap-
propritition of the ordnance stores by the plaintiff. I made this
complaint to Sir George Iloste, zs he has told you, verbally ; and
at his request, in an unlucky hour, I was induced to commit it to
writing. But the charges were true, as lam prepared to-day with
witnesses to prove. I shall shtw you—
Mr. Puntees--I thought this little artifice would be attempted.
I object to this, as not evidence in this case. Even in the Court of
King's Bench, evidence of this kind could not be received, unless a
justification was entered on the record ; but here, where, by the
very nature af the proceeding, the libel is adositted,and we are merely
convened to assess the damages, I sulsmit, Mr. Sheriff, that such a
cours should not fir a monie:•t be permitted
The SHERIPP-.—lt is clearly irregular; and I advise the defendant
for his own sake not to continue this line of argument. If you (to
the defendant' have any witnesses to sbew that the general rep4t:i-
tion of the plaintiff was dishonest, you can produce them ; but even
on that point you cannot exercise too great caution.— The defend-
ant continued: Then I have only to advert to my inability to pay
damages ; and to complain of this action having been brought.
against me at a time when the plaintiff well knew I was insolvent,
and of course unable to contend with him at law. lam at this
moment in insolvent circumstances,with a wife and seven children,
who must come to the workhouse if damages to any amount are
given against me. I hope, therefore, Mr. Sheruf, and you, Gen-
tkmen of the Jury, will take these circumstances into your consi-
deration, and deal mercifully with rue, for which mercy I shall
ever feel grateful.
The Under Sheriff was proceeding to sum up the evidence—
The Defendant—Won't you hear my witnes,e4, G.:nth-nit ?
The Jury and the Sheriff exprea‘cd their perfect willinvess.
The first was called, and knew nothing except " as to that there
piece of rope." Mr. Phillips—Oh, lam not surprised you should
recollect the rope—(A laugh)—but we must not hear anything of
that now. I believe Crafter was strict? Too strict, I thought.—
Mr. Phillips—Where's your next witness?
A quondam Custom-house officer appeared ; he said he knew
nothing good of the plaintiff. By Mr. Phillips--What are you, Sir?
Witness—What am I ? Mr. Phillips—Yes. What are you ?
Witness—l don't think that a fair question.
Mr. PHILLIPS—I think, to an honest man, it would appear a very
fair question, but you don't like it. Were you ever in the employ-
ment of the Custom-house? Witness—Oh, you've got hold of that
story, about the cask of sugar. _ _

Mr. Pllll.l.ll'S—Just so; 1 believe you are not in the service of the
Customhouse now? Witness—No.

Pitn.rirs—l know they were wrong in suspecting you, but
I believe they dismissed you'?? Witness—They did.
tlr. Plitctirs said it was scarcely necessary, but his client wished
him to call two officers now in the room, one of whom had lung
known him, and could speak to his chat acter.
Colonel Landon, of the Engineers, had known the plaintiff for
two years; he bore a very high character.
General Grabbetc was also well acquainted with the plaintiff.
He had been for five years under his command. He thought him
a very honest man, utterly incapable of committing the acts of
misconduct attributed to him in the libel.

The Simmer, in summing up the evidence, observed, that how-
ever unnecessary the evidence for the defence might render it, the
Learned Counsel had done well in calling the two last witnesses. It
was satisfactoryto know, that the plaintiff's character had not suffered
from a libel which there w.-.s not even an attempt to justify or to ex-
cuse. The poverty of the defendant was, as it had been stated by
the plaintiff's Counsel, no excuse, for if poverty formed an excuse
for libel, the reputation of no man in the community was safe. At
the same time the Jury would give damages temperately and mode-
rately, and not such as would have the effect of immuring this man,
for his life, within a prison.
The Jury retired for about a quarter of an hour, and returned a
verdict for the plaintiff—Damages, c'2OO.

SADLEICS BALLOON:

MANCHESTER, APRIL 24.

Yesterday, Mr. Sadler ascended in his balloon, from I
the yard of the old Woollen in Salford.
About halt-past four o'clock, the balloon being nearly
filled, Mt. Sadler began to prepare for attaching the
car to it. He then got into the car, accompanied by
R. H. Peel, Esq. an Officer of the 3d Dragoon Guards ;
and two Rags, a grappling-iron and rope, and a quan-
tity of ballast having been deposited therein, the bal-
loon was partially released fs)r the purpose of trying'
whether it would ascend ; but it was found to be too
heavily loaded. A quantity of ballast was then thrown
out, and another experiment was made; but still the
balloon would not ascend. A third and fourth experi-
ment were equally unsuccessful, and Mr. Sadler found,
to his great mottification, and no less to the disappoint-
ment of his intended companion, that the balloon was
not sufficiently buoyant to carry them both. Mr. Peel
was therefore compelled to relinquish his seat. The
balloon was finally released at seven minutes past five
o'clock, and bounded at once into the air in the finest style
imaginable, clearing all the buildings without difficulty,
and ascending with great swiftness. As the wind was
fresh, its progress through the air was extremely rapid,
and in something less than two minutes and a half after
it left the earth, it passed into a cloud, and disappeared.
THE DESCENT.—Mr. Sadler arrived at the Star Inn, in
this town, last night, a little before eleven o'clock. It ap-
pears that as soon after the ascent of the balloon as he
could make an observation with regard to his course,
he found that he was going in the direction of Liver-
pool. After he had proceeded, as he. thought, about
halt-way to Liver pool, the balloon still rapidly ascending,
he entered another current of air, which carried him
with great velocity to the south-east. Ile was then, as
he judged, from the distended state of the balloon, about
two miles high ; but his barometer having been handed
out of the car when it was lightened, with the view of
enabling it to carry Mr. Peel, and not having been re-
turned, he was unable to determine his elevation with
accuracy. From the time of first entering the clouds,
he was constantly enveloped by them, and was exposed
to a continued shower of snow, which completely
drenched him. Under these circumstances, he thought
it expedient to descend as quicklir as possible; he thet e-
fore opened the valve, and cl:scended with great r api-
dity. When he came near the earth, which was in the
neighbourhood of Monk's Heath, near Knutsford, he
threw out his grappling it on, which caught on the stump
of a tree, and he succeeded nt ..;.::tting oat of the bal-
loon, and securing it ; but in doing so he received a
blow either from the gr.: iyling-iron or the tree, hich
he af.erwards discovered had inflicted a severe wound
lon the back of the head. Ile wa exactly thirty minutes.

the celebrated Author of
The Memoirs of GoL.riic,
the Sorrows of Werter, wikt.2tt by himself, irhlcii have lately
been published, excite conbid;:r4ble interest. The tra,.slat'ir jastly
observes, that his narrative, which has all the air of a Romance,
possesses all the truth of History. It will, indeed, be futiad that
his juvenile feelings and early attachments are painted in an ani-
mated and masterly style—that the characters of his family and
friends are finely drawn—and that all the scenes of his youth—all
his literary enterprizes—iu short, all the transactions in which he
was engaged, are described with a picturr ,lue effect, which readers
Ithe story unusually ititervstinz. •: ,