Star.
London, England, 1814-10-28 00:00:00

DOMINICA

TO THE EDITOR OF THE STAR.
PAGAN V. ROTEL. •
Sta—A Morning Paper of the 17th instant con-
tains, under the above head, an article professing to
be a report of the trial of a cause wherein I was plain-
tiff, and Mr. Butel, merchant there, defendant. It ap-
pears to have been handed to the Printer as an extract
from the Roman Gazette of the 15th June last, where it
is to be found with the anonymous signature of an IM-
PARTIAL REPORTER. This impartial Reporter does not
give one word of the opening of the cause, and of the
evidence on my part*, nor of the reply of my Counsel to
the Counsel for the defendant. I t commences by a
narrative, obviously framed on behalf of the defen-
dant, containing the most illiberal unfounded allega.
'dons and insinuations; and it continues, in the :wile
strain, to give what it represents to be the arguments
of Mr. Hobson, the defendant's Counsel, and the
charge of the Judge; upon which pleading and charge,
unsupported Is any proof, the Jury gave the cause in fa-
vour of the defendant. I have now, therefore, to
request your insertion in your next publication of
this letter and the two affidavits herewith. That of
my universally-known respectable broker contains
a full simple narrative of the facts of my case I
and, together with that of the equally known and
respected merchant, the purchaser of the coffee in,
question, must form the most corroborative and)
conclusive evidence of the perfect openness and in-
tegrity of the transaction on my part, as well
as theirs. And to this I have to add the following
particular circumstance of strong evidence on my
part, above alluded to, given some time previous to
the trial, namely—that Mr. Hobson, the defendant's
Counsel, having had occasion to be in London, was
instructed by his client, Mr. Butel, to make every in-
quiry—was with me for that purpose ; saw my broker
at his office, inspected his books, and perused his affi-
davit; was also- offered to be introduced to the mer-
chant purchaser, and to be shewn his books, which he
declined, as quite unnecessary ; and that he declared
himself to my broker and me, and repeatedly in pre-
sence of some of my friends, Xo entirely satisfied, that
he would prevail on Mr. Butel, his client, to with-
draw his defence from Court, and pay me the balance
he owed me. And I have the farther evidence of a
gentleman, lately from the island, that Mr. Hobson,
on his return thither, informed him of the entire satis-
faction he had received on my part, and of his deter-
mination to advise Butel to give up the cause.
It only remains for me to account for the delay of
the transmission of the sales, on which circumstance en-
tirely Mr. Butel has founded his unjust defence, and
his illiberal and false accusations of gross neglect on
my part, and of collative sales (in other words, gross
fraud) on the part of my broker. When the coffee in
question was in the hands of my broker, he held for me
at the same time a number of other parcels of that arti-
cle, of various qualities, some of which were occasion-
ally offered for sale, others were sold, of which notes
of sale on slips of paper, in the usual manner, were sent
to me. My Broker states, very correctly, that he be-
lieves that, at or about the time of the sale of the cof-
fee in question, he sent or delivered to me the note or
contract of sale. And it must be evident to every one
in the least acquainted with the business of a broker
in London, and more particularly to those who know
the immense business of his house, that he could not
speak more positively to the delivery of the note of any
one contract, at such a distance of tune; not marked
by any particular circumstance, to impress it on his
memory. But I solemnly declare, that (through some,
failure of the intermedium of the delivery, as must be
supposed) the same never came into my hands, and
therefore was not entered into my books in the usual
manner. This will account for my not mentioning the
sale of the 28th August, in any of the subsequent let-
ters to Mr. Bind. Had I known of it, I would not
only have advised Mr. Butel, but reminded my Broker
of the necessity of making up this account sales at the
usual time, and which, from the hurry of his bOsiness, 1
did not receive till the Gth of March,and that day being
Packet day, I could only enclose a copy of the sales in a
few lines, .it never occurring to me to be possible that
any improper motive for Ms delay could have been at-
tached to it, and far less any unjust advantage taken of
it by Mr. Butel, who, well knowing the state of his ac-
count with me in Oct.lBll, must have been convinced,
that had I studied my own interest, I would have sold
his coffee at that time, whereas it was bought in and
held over ten months and then sold at an advance of
25 per cent. to his benefit ; and. as I could have no
possible interest in withholding the information from
Mr. Butel, it must appear to every unprejudiced per-
son that neither my broker ncr I had any intention of
keeping him in the dark respecting the sale, much
less of doing him injustice in any way.
I am, Sir, your most obedient servant,
Tnomas PAGAN.
• The affidavit herewith, and tie complete information ob-
tained here, by his Counsel, under his own dirt:dun, to that
Gentleman's entire satisfaction.
TUOM A S Kemate, of Mineinglare, in the city of London,
Sworn Broker, maketh oath and with, that he, this deponent,
did, on or abobt the 17th day of August'
' toil, cause to be en-
tered at this port of London, for account of Thomas Pagan, Ps+
ot the same city, Mercbant,fifty-five liogsheads of coffee, marked
P. Bs imported irons the island of Dotiiimea, per the 1114 or
vessel called the Fleetwood, Captain Hutchinson ; and that lie,
this deponent, did, on or about the 81st day of °wilier, ill
the said year 1811, cause part of the aforesaid coffee to he put
up to public sale, in London, when the same was bought in at
the price of 475. sd. per hundred weight; that on or about
the tOth day ot August, 1812, the whole of the aforesaid 55
hogsheads of coffee were again put up to public sale us Londou,
at which the same was again bought in, at the price or sum of
50. per hundred weight—that on the 28th dry of the said
month of August. 1812, he, this deponent, sold the whole of the
aforesaid 55 hogsheads of coffee, save and except an overtaker,
'Wog sugar damaged, sold on the ith of November following, to
Messrs. William Dc la Cour end Co of this city. Merchants, at
.the price or sum of 60s. per hundred we:gkt, being the highest
and best price that could then be obtained for the same. And
this deponent farther saith, he believes that at or about the time
et such sale he sent or delivered to the said 1 hismas raga) a note
or contract tot the oak el the aforesaid coffee, but did not furnish
him with a regular account of the salts thersot until tlse sth day
.01 March follo,sing, which he, this &peanut, front hurry in hti-
*less, Was resciatad renal deist sooner. And this Derma

further saltb, that the sheet of paper hereunto annesea, market
A, and signed by hint, chill deponent, contains a true copy, agree
ing word for word, and figure for figure, with the original
count sales so furnished by him, this deponent, to the saki '1
mas Pagan as above-mentioned, and that the same contain. , a
true, just and perfect statement of the respective wt ;ghts of i;to
aforesaid 55 casks of coffee, and of the tare and dialt thereof, .1
which the same were sold, as above mentioned, together With 4
true anti I articular account of the charges and expenses thereon,
up to the time of such sale.
The before-named Thomas Ife:nble maketh oath ant? naltho
that the foregoing is a true copy of the original affidavit
sworn to by him ma the 22d day of November, 1,11 S.
1110114 AI tuatara.
Sworn at the Mansion-House, London, the
224 day of October, 1814, before me
Watt. DusavtLat, Mayor.
(A.)
JOHN Powca, of London-street, in the City of London, 11fer
chant, successor to the late house of William De la Cour and Co.
of this City, maketh oath and saith that lie, this deponent, as th,4
then Acting Manager of the said house of William De la Coe•
and Co. did, on the 28th day of August, 1812, purchase of 'Chez
mas Kemble, of this City, Sworn-broker, 55 hitsheads of Collett
marked P. B. imported from the Island of Dominica, per the skip
or vessel called the Fleetwood, Cuptain Hutchinson, at the price
of 60s. per cwt. and no more. And this deponent farther safth.
that the purchase of the aforesaid parcel of coffee was a iota ids
transaction between the said late house of William De la C. car
and Co. and the said Thomas Kemble, and was made wi bout
any kind of fraud, deceit,. or collusion whatsoever. And tha dt-
ponent farther saith that the said 55 hogsheads of care were no
bought can commis4on by the said William 1). la Cour and Co.
for account of their Correspondenti in Fianze, and invoiced to
the latter at the aforesaid price of 60s. per cwt.
Sworn at the Mansion-House, London, the JUN row:a.
242 d day of October, 1814 ,Ixfure me
Was. DOVC*LLS, Mayor.

At Doncaster Quarter Session, held last week, s
baker was tried and convicted of cutting away pt• is
of the loaves of bread which were sent ty I,is
neighbours to be bake.l at his oven.
'Tuesday evening as Mr. Stumm, of Russell-places
was returning In,me fr-,m Pentonville, he wag at.
tacked by two well-dressed men, on leaving the 14, 'go
road, Somers-town, who demanded his money YLry
politely. Mr. SOANES gave them 63 and hi., w.edi,
and the robbers got clear off.

t I I&
On the 19th instant, the Lady of Major Mein, of the 74.hre•
&lent, of a daugh er.

MARRIED.

On the 20th instant, at Duffus, in hiorarlfre, Rubs. Warden.
EN. of parkhip, in stirlingsbire to Tidal, eldest emighttr of Sic
Archibald Dunbar of Nurttlield, Bart.

DIED.

On the 19th inatmt, riddenly, at his house at I.e:re... roil
ft, of apoplexy, in the Stith year of his age, Wm.:4. rens, Sgt.&
Captain in the 3d regiment of Foot.
Monday, at Brighton, in Ms ti7th year, Will an kite's, Esq.
Principal of the Honourable Society of o:treed's-Inn
On the 19th instant, at Nairn, offer a long illness, Mr. Lewis
Leitch, who was for many years an officer of the customs in the
port of London.
At the Manse of Loggie Easter, on the 10th Instant, Charles,
eldest son of the Rev. Neil Kenacdy, minister of that parish.
At Plantation, on the i eth imtant, Robert Hugh Paterson,
youngest son of Colonel Wm. Paterson, commanding 'lse Royal
North British Fuzileers with the army In America.
Wednesday sennight, at Colint.m, near Edinburgh, aged
Mr. Wm. Weir, who for upwards of fifty years filled the offices
of schoolmaster and senior clerk of the parish. His rentals. were
carried from his house vs the church-yard by finr of Ms old oche-
lars, and his head laid into the grave by the person whoa bap-
tism he first recorded upon his admission into office la 1761.