Star.
London, England, 1807-11-24 00:00:00

THE KING V. E. THOMPSON.

This defendatit had been cont. ieted of alTaulting
Lieutenant Hunt, of the Navy, commanding. a prefs-

. -
gang, and rercuing froln him an impreffed feaman.
Ot tiered to be confined in York Calile for fix calen

dar months.
THE KING V. COLEMAN, STE P HENS, BRAZIER, AND
TWEER.
Thefe defendants had been convieecl of a con
fpiracy, in endeavouring to prevent the attendance
of a witness, before a Jullice of Peace, againll a
perfon charged with felling fpirits without a licence.
The two former were fentenced to confinement in
Holfharn Gael f.r fix months each ; and the two
others to one month's imprifonment each in the fame
gaol.
THE KING V. J. GADDE't__

The defendant had been convicted of having in his
poffeffion naval (toms, knowing them to have been
Bolen. He was ordered to be imprifoned fix calen-
dar months in Exeter Gaol, and to (land in and upon
the pillory, upon one market•day, in Exeter, during
the period of his imprifonment, for one hour, between
the hours rf twelve and two.
MAtiDAMU6 TO THE nistrov OF ELY.
M-. FAERE applied f .1- a Mandamus to be dirceled
to the Birnop of Ely, as Vifitar of St. John's College,
Cambridge, diratit.g him to hear and decide upon
the claims of the Wood to a finecure rec-
tory. It appeared, however, that the Bithop of Ely
had already given his opinion upon the point in fa-
vour of the Rev..-- Mar lb, and the Court therefore
refuted the application.
THE KING V. PICIOII.

Mr. Now for the profecution, delivered a very
able and learned argument, of %Mai it is not poffi-
ble for us to give more than a very faint outline.
After Rating the ground mention by Mr. Dallas,
in slaving for a new trial, he anfwered the objedlion
that exprefs malice was not proved, by (hewing,
from the cafe of the King v. _ Woodfall, 5 Burr,
'2666, that the only queltion was, whether the a 8
was illegal? It in, the malice was a confequence of
law; and he cited alto a cafe from Lord Hale's
Pleas of the Crown, p. Soo, that where Martial Law
is declared in timer f peace, and any perfon is hang-
ed by the Lieutenant under foch a Commiflion, it is
murder, for the law nicer* malice from the illegality'
of the O.
The next pain: was, what the law of Ti ini3ad was
it the time of the conquell ? In order to froTw that
torture might be applied, evidence was adduced,
under the fecond Mandamus, of two kinds :
that of perfons who !poke only of the law as it was
generally laid cl,..wn in Spaniih Law lathers the
Mother County ; anti next, cf a cafe Rated by one
Dc Canto, a keeper of Records, and an Efcrivano.
The books cited, were paffages from the Seven Par-
tidias, the 15,badillia, and the Colon, all general
authorities as to the application of torture, none of,
which proved that it was applicable in the cafe of
Lonifa Calderon. She was a miner, thirteen or
fourteen years of age, according to her own WU-
mony, and minors, under twenty-five, cannot be
voluted by the law of Spain. She ought aifo to
have had a Curator, and none was affigned her.
Torture is all'o applied, only to inquire into the
truth of the fire of the crime committed, but here
the torture was applied, but not for that purpofe.—
Begorrat, the Alcalde, Rated, that it was applied to
discover where the money was fecreted. And, in
order to thew qre ammo this was done, Louifa Cal-
deron was the millrefs of the accufer ; the was not
the principal, the was either a witnefs or an accef.
fary, yet the was tortured, and the principal, Carlos
Gonzales, was not tortured.
On De Caßro's evidence it appeared that the was
entitled to appeal ; but General Pi6lon deprived her
of the tight of appeal, by ordering the torture him-
fill. By the old law the might appeal to the Car.
raccas, and thence to the King and Council, at
Madrid.
Colonel Fitton ought to thew the forms of the Spa-
nith law under which he steed, but here he produced
no (itch forms, and aanally invented a new fpecies
of for tore. By the Carla PhillOica it is decided, that
no new forms of torture &all be ufed, and mentions
the torment by water, by finall cords, and by nocut
and PULLEY. It could alto not be done except at
the requett of the prefecutor, and a particular lorm
is let truth in 7 Partidias and the Colon; but no
loch recreft was made to Colonel Piano. The evi•
der ce did not thew the pranice of the law cf Trini-
dad, it only hated old books, in INA the law was
fet forth, as it was at the time of the soaring one
.londred years ago in cid Spain, but non confia, that
i v. a• not altered fuld:quently. • :He then Rated the

Cafe,, cited upon the lan Mandamus, and (hey ed it
to be a record of a fbfpieinus nature. De Caflro,
the keeper of it, was exatinined upon the firft Mancht.
mus, and declared that he (poke under terror and
intimidation from Begorrat, and walled to be fent
to England to give his evidence in perfon. This
man's teflimony was then impugned by Begurrat ;
it was now telied upon by the fame party.
Mr. NOLAN here made a fecond point, that becaufe
the ifland was reduced tongue:ft under the Brityk do-
minions the lower to kfliel torture eeafid. This argu-
ment he fupperted by various authorities. That tor-
ture was always illegal in England. he (hewed from
Fortefrue de legitur, c. 22. Magna Carta, 2d Intl. 48. r
Black. Corn. 133. And he (hewed, that although
the laws of a conquered colony are preferred, yet any
law malum in fe ceases to be law : fo any law againft
nur religion, or incontinent with the right* of the
Crown. Calvin's cafe 7. Co. Rep. p. 17. He cited
alto 2 Salkeld 4.11. 4. Mod. 222,and a very learned
judgment in 2 Peere Williams, 75. He (hewed this
alfn to be the cafe in the Roman law, and cited Byn-
herihock de lege Rodia, cap. 9. and the cafe of Ver-
res in Cicero.

He then argued, that either this law of torture
ceafed by the Britifh conquetl, or it mutt apply to
Britifh, as well as Spanith fobjetts. Hall v. Camp.
bell, Cowper, 204. And he Chewed, that if this be
law, as contended in the cafe of Louifa Calderon, then
a Brit futjett going to Trinidad, and walling in the
flreets where a murder is committed, may be put to torture
by the Alcalde, in order to extort evidence from him.
He then cited Mollyn v. Fabrigas, as reported in
Cowper, p. 285 ; and alfo in Blackftone's Reports
in the Common Pleas, where Lord Chief Juflice
Delpey exprefsly alludes to the cafe of torture by the
old law of Spain, which was in force in Minorca, and
lays, it cruld not be infliEled. Minorc'a was ceded
upon an undertlanding that the old laws fly)uld he
tibferved ; as alfo in trim,!ad the old laws ate ob-
ferved.

He next confidered the queflion how far Gover.
nor Pition was aeting as a Judge, and how far he was
excufable for an error of judgment ; and fliewed,
that although the dirlinaions were in many cafes
nice, yet it was clear that where a Judge aeted with
nut authority, and where he had no jurifdiaion, he
was anfwerable, as where the Court fCt mmon
Pleas fkori'd try an appeal of murder upon a writ
out of Chancery, that would be a great mifprition.-
1 Hal. 498. t Haw. C. 72 6. and c. 28. lib. 2 25 26.
He 'hewed alloy that as Governor, Colonel Piflou
cf.uld have no tight or power to aft as Judge in this.
cafe.

And tartly, he cited Cowper p. 173, and the opi
nion of Lord Mamfield there Elated, the cafe rat
Moflyn v. Fabrigas, to thew that if no other Judg;-. in
the ifland was relporfible to this country, yet the
Governor mull be, hecaufe he was Judge in the lafi
refort there, and if he could not be punifhed here, he
was anfwerable to no one but to GOD, and was ab-
folute in his authority. The reafon why Judges of
record are not punifhable for judicial millakes, is,
becaufe their aes are upon record, and there is an
appeal ultimately to the King, in Parliament—Who
can do no wrong.
He then touchechvith great feeling upoti the cau-
tion and anxiety with which Governor Beton fhould
have undertaken to exercife the Spanifh law, when
he mull know that he took the t.flice of Judge in that
refpea voluntarily, when he fought it himfclf, and
muil take it with all its refponfibility.

He concluded an addrifs of conilderable length,
by apologizing for flepping in fume fort out of the
dry fo►bearance of a legal argument t for he faid,
there were fome cafes in which no advocate could
avr id expreffing what he mull feel as a man. Of the
&hills conqueror of the Maid of Trinidad, the great
Abercrombie, he would fay, that " he came like the
Angel who vifited the Apoale in prifon—he came to
(mite with the (word, but he came alfo to bid his
chains fall from him."

Lord ELtrmsoutovoir expreffed his fatisfadion
at the prr,priery of the argument.
Mr. HAIIRIS'M was heard fhortly on the fame fide,
and the Cr.urt role.

Mr. DALLAS will probably be heard on Wednefday
fur the Defendant.

PARTNERSHIPS DISSOLVED.

James Harris and David Gala, of Ratbbone Place, Oxford Meet,
fdverfmiths, November 1,18:7
Samuel Yockney and John Simmons, boot and aloe makers, Lud-
gate ltrect, November 13, i Soy
Joreph Barrow and Richard Duke, of Hardthaw within Windle,
I .ancalhire, comb makers, Octobtr is, zBo7
John Hall and James Ormond Norman, of Ludgatc Hill, Chita-.
men, November 53, 5807
Benjamin Edwards and William Barns. jun. of Birmirgham, fry-
ing pan and edge tool makers, November 9,1807
John Selby and George Warner l'ooley. of Church ftreet, Green-
witb,coal and corn merchants. Odtober to. 1807
William Redman and James Stevens, of Chicbelter, coachmakcrs,
&e. Ntivernbis 13, 1807
William Parker and Thomas Wragg, of Manebefter,joiners and
cabinet makers, Odlober 3. 807
Thomas Chapman of Turt.hain Green, and James Chapman of
Harrow, hliddlefex, fmiths and farriers, June 30, 5807