Star.
London, England, 1806-12-09 00:00:00

LAW INTELLIGENCE.

RIMS V. CURL aND WITS.
This cafe, which has been iniperfealy reported in
the provincial papas, was to pronounce upon the
validity of a codicil to the will of the latr Mils Tar-
fell, of Portfmouth, prepared by the fiat Defendant,
by which Come freehold and perfonal property wet*
given to the Defendants, was heard as Wedathlay
at the Prerogative Cour*, as DoEtot's*Coammooof
before the Worlhipful Dr. Wrest, who, after a lb-
lemn argutuent of fix boors, decreed, that the de-
clared was not in a flare of fanity at the time of the
execution of the codicil ; which, therefore, could not
be admitted it! ►e proved—but. asno undue menus
appeared to lutWe been ufed by the Defendants. the
Judge thought proper to give no coils to the Plaintiff.

COURT OF RING'S BENCH, DEC. 8.

Thie day the fittings after Michaelmas Term for
Middlefes concluded.
mos area v. GEOIIIOI SAISAC, Elk
This was an information again(] the defendant, on
the profecution of Sir Charles Hamilton, Bart.—
There were three count, r two of which fee not ■
letter from the party scented to Sir Charles ; the
other charged the defendant generally with fending
a challenge.
Mr. Gateow. for the profecution, Paid, that the
Gentleman againfl whom he appeared had been a
Captain in his Majelly's navy, and that Sir Charles
Hamilton now held that honourable fituation, and
was alfo Commander of the Sea Fenci►les on the
email of Effcr. The former had been tried and coo.
vieed of a heinous offence againft the regulations
of the navy, to which he hut belonged, in confe•
oversee of which he was fentenced to hand in the pil
lory, and he was difmilfed the fervice. Under chefs
circumfiances he had been named a witnefs in a caufe
in the Admiralty, to which the profecutor was a
party, and therefore Sir Chalks thought fit to ac-
quaint his legal advifars of the fiOs hated. In coo.
lequenet of this tosnmanication, an interrogatory
was put to the defendant, as to their truth, which nc•
cafioned the following letter, which the Learned
Couplet read from his brief, neatly in the following
terms

Lund" Feb. ti. titc6.

r Sir—l ant aware of the advantage you will have over tae
front an unnorPed fentence of the Coen of !Does Bench, but I
cannot help obfereing upon the onnoollholtrtes oaks of it, de-
rived only from perjury and role Raretaese.. It Is a cask in which
more than twtpthkils of hi, hl jetty's Navy are al deeply WO-
cited ma leyficif, in the well known Freaks of felting blank
vouchers, is confidence, to the Porten; and I have been thus
made thcfacrifiee to the whole Navy.
“ But, Sir, conGious of my own innocence said homer,
fupporeed my'relf through trials, which, I believe., few men would
have ftrength of mind and nerve to (Whin. malig,ant
have been employed to dettroy my charaCter, and they have 'put
an interrogatory witch needs no diftwriour upon me, but upon
thole who propofe it. Does this do any good! Was It relevant
to the quntioo at iliac he',Wittlsa you and Certain Robittfoti ? Lein

rnippaAse *a SOWN wele filo' la' tie I.l6ratatiee, weal& Ir.
Calve the doubt regsrdiew the Date and Brilliant t Wash! It r.
move tior fandhank in which tie caste refers t to what end and
ParpoP, thee, could Lath as unmanly Interrogatory be put i It
was mean, cowardly. and creel, thus•wanteady had meth. rm.
, .Iy. to hawser up the (editsgt of a man. whit mew did Pau, S.:.
or any goer man. an injury.
Sir, I have reined myKing and Country as honourably. and,
1 hellarye, Is hag as you have ; and have !hewn, when noperwhit.•
offered. that t have dose my duty as well as rota Why. then.
Aliould you make this tenet inlyanack upon met I would wllHngly
infer, that you were *Wang of the inter. opeoi bre. difgraceful o
the framers of it. I have marooned It ; and I will, when t` •
cattle comes co.if lam in town,be in Coots, Mo. will I decline.
to fay, when In Court, that I was not guilty of s fined for fo
paltry a fete as Bye or has hundred pounds. I fend you my trial,
sailrshe yeti lay Jude how I have been treated. I well know
Ow *Akar a mace ilitf,reabk mind will Hod In my lentenee, and
eta it se a mesas to preset hiutfelf from merited chaftlkment,
*ken he dares to tarok me ; Ise will fay that f am not in a rank tp
be met us Gendarme. I have,Sir, a fetter opinion of you. Oars
in (unpile roll would arid yoUrfelf of bath so expetkat ; and 1
letter myfelt you will madras that good oplaloo.
In fpidt and (anise I am yet independent, abhorrer nty.pni-
[teacart (yehoos.l may with Janice call my perfecuton). have er-
deavour,d to break the at-.e and min the other. Thanks he ill
Goo, they Gaol in their generous and liberal attempts; n, • in!
deed Nom want..( incithedue, bet diraugh wansofpower: and he
allured. that neither your title or yaw rank jellify yea la clp**
an lash, nor will I fitter It from you sr any one • said nothing
but the feeling that you cool.!not meteorite the Paths %claw,
rogoory mull have iodated mete write m you. f have now ualy
to odd, that I will the difgracelal Interim:eery to be dose away.
I am fo confeious of my innocence. sad proud of my hanour, thee
lam Dot Ahmed or afraid to meet you, Sir. either priva:ely ar la
a pablie Court, where I will be, if poffible, whets your ca is
tried ; and Wimps your Attnrricsor Agents crtn Sad they ham
rot revved yea when they meant to diligence me. dashes ler a
dryly, I remain. Ste. (Signal) « OEO. BRISAC." •
To Sir Charles Hamilton, Batt.'
•
Mr. Gaeaow contended it was impoffiSle Fur any
artifice to difgeife this, or to make it any thing but
that which it was fated to be, either a challenge to
fight a duel from Mr. Brifac to Sir Charles Hamil-
ton, or to provoke Sir Charles Hamilton to fend Mr.
&rifle a challenge for the like purport. or a letter to
provoke a breach of the peace : in either event it
would come under the deferiptists of this informs.
tion p and had Sir Charles Hamilton obeyed his own
immediate impnlfe upon the receipt of it, inftead of
giving way to the interceffinn of his Mends to appeal
In a Court of Jolliet, as many illuftrious charatters
had of late molt wifely done, the refnlr of this letter
mutt have been fatal to one or other, if not both.of
there Gentlemen.
Sir Charles Hamilton proved he received the above
letter at his houfe in Devonftiire place by the coach
from Harwich. it being dire Bed to him at that place.
where he had a houfe. bur, as he had come to town,
was tranfinitted to him by his firvant from thence.
Mr. Hammond, a Gentleman who had traufatted
bnfinefs by direBion of the Lords of the Admiralty, -
in confiquence of letters from Captain Brifac, proved
the letter to be of the fame hand writing as that
which had come to him as the letters of Captain Bri-
lac ; and this was deemed (efficient proof of the hand.
writing of the Defendant ; indeed it was not difputed.
Sir V. Gress fubmitted that there was no evi.
dence of the Defendant having done any thing is
Middlefer, the county in which the offence was laid
to have been committed, the direttion being to Sir C.
Hamilton at Harwich in Suffer.
Lord E LLLLL emotion over-ruled this objettio%
obferving, that if a perfon fends a letter to anothce
in one viunty, and the neceffary confequence in, that
in put fuance of that direttion, it follows that perk*
to whom it is diretted, and is received by him in ano-
ther county, it (ball be taken to bt an ail done by the
author of Lech letter, in the county in which it is re.
ceived.
Sir V. Grass then addreffed the Jury in a very
able (peach iii behalf of the Defendant, in which he
dwelt, with coofiderable Weft, on the very long few.
vi..es of the Defendant to his King and Country. On
the ides, though a miftaken one, which he had taken
up, and always entertained, of his own innocence,
and of the harfh treatment he had met with—Gn his
having written this letter with a wounded fpirit—on
his thinking, though erroneonfly, that the interroga-
' -.my put to him by the profecutor, a brother officer,
war mean and degrading—on his having (pent the
whole of a very long life in a fervice which he loved,
and lad received public approbation for every part he
took in it, until( the occurrence of this onbappy cirk
remit-ince, whicliwas a/Billing to *mind like his,tend-
ing to bring his prey hairs with focrow to the grave,
the road toothich was likely to be made lhort by the
affliCtion which this cafe had already given to thole
who were molt dear to him. It was true, he ought
not to have written Inch a letter—true, that no man
ghoul(' relent any thing in any manner, hut by an ap-
peal to a Conti of Junice—true. that no allowance
war made, by law, for any irritation, in confidering
a mifdemean3ur ; but an eloquent whiter had laid—
't that to be free from all irritation, would be indeed
godlike, but the order of human nature extendeth not
fo far." He hoped, therefore, the Jury would con.
ftdcr the cafe of the Defeodant in mercy—that they
would place thamfelves in his fituation, and then he
leonft venture to exprefs a hope, that they would find
Min not guilty.
Lord Ett.tesnitouon Elated the nature of the
prolecution to the Jury, and left it to them to fay,
according to their uoderltandings of the language
and the habits of the world, whether this did or did
not come under either of the three heads of charge
made againft the defendant ? Fit it, a challenge to
the ptolecutor to fight a duel. Secondly, a provoca-
tion to make the prufecutor to fend to the defendant
a challenge to fight a duel. Laftly, a meffage, cal.
eulated to produce a breach 01 the peace. Hit Lord-
(hip thought the profecutor perfealy jotlilied in what
he had doge, but left the whole quctlion to the de-
termination of the Jury, who retired, and in sh nut
half an hour retuned with a verdidl of Ace

J. Bar r:a and Ct. Confeltioners, in Edinburgh
and Glafgow, refpeefully intorm the Nubility and
Gentry, that at this feafun they have fur years been
in the cullom of fending to London, Bath, and all
over England, SCOTS Boss, SOOIT Basco, and
other Caen which for rich and delicious 1'1,1,0E4
have long had a prefetence at the table. of faihion in
every pan of the united Empire. This year they
can warrant them of the very belt kind, having been
particularly fortunate in meeting with a quantity of
nice Dutch Butter, which gives inch a delicate and
peculiar name(' to the tale of the Buns, as to make
them in the bigheit degree delicious and esquifite.—
Boxes from one Guinea to five, containing a variety
of Cakes, conveyed to any diltance wt.h puled
fafety. Great variety of Scots Comfits; from ts.6d.
to 4s. pet pound.

, ---