Star.
London, England, 1802-04-27 00:00:00

1.411, IhTBLLIGZACE.

MVO's BENCH. GUILDHALL, APRIL 24.

THE KI.:0 e. MACLEOO.—This was an india- I
vain tbr a libel againit the late Earl of Clare,
which appeared in The Albion N.wfpaper, of
hich the defendant was' printer and publither.
The label was of great length, and contained,
among Many other expreftions, refkaing on the
eintraaer of that Nobleman the following : Your
heart never overftowed with beneficence, your
Lead never conceived any counfel but what was
erne! and unjuft, and your mouth was never open-
ed but to utler national inveaive : you fay the
people are vindittlive and ferocious; that you
exit is a fuAicient proof to the contrary. You
were pelted once with ftones; you fay you were in
danger a fecond time—kwme of the thin!. Buck-
ingham had three warnings before he fell by the
dagger of Felton. Perhaps public hatred is not
the only point on which you agree."
Mr. Scoyr, in a very learned fpeeeh, defended
the letter containing thofe paragraphs, as a true
and hiftorical account of tranfaatons which really
harpcned in Ireland ; and which any man had a
right to publith, with fuch obfervations as would
natut ally prefent themfelves. In order to eftab-
lint the truth of it, the Earl of Camden was called;
but as he had no other means of knowledge than
is a Privy Counfellor, it was determined by the
Court, that he could not be interrogated.
Mr. *Lam; addreffed himfelf to the Jury with
Pune force. He confeffed that this account was
not altogether a faithful hiftory, but had tome of
the colouring of compofition in it.
The Arroausy-Gzezzat, in reply, faid, he
Mould only, alk a verdia for the calm*, and
leave the defendant the benefit of hishiftory. The
expreflions above Rated, were neither the language
of a hiftorian nor the language of truth) their ten-
dency was obvious.
After fome obfervations from the Learned judge
the Jury brought their verdia—Guilty.
Mr. M'Leod was again tried for a libel in the
in which he Rated that the As of Parlia-
ment paired for the purpofe of authorizing Martial
Lai/ to Ireland, violated the original eontraa be-,
tweezi the Government and the people, and juftified
Vic Irifh in baking off their dependance on Great
Britain.
Mr.Scoir. addreffed the jury for the defendant,
and attempted to thew, that every part of the fop-
pofed libel, abftraftedly confidered, contained pro-
pofitions not only confonant to the iwinciples of
the laws and conftitution of the country, but the
contrary of which it would be criminal to alTert.
He (hewed, from the opinions of the celebrated
patriots, who effeaed the great work of the revo-
lution in i6BB, that a fyllim of Martial Law is
bonne to the Conftitution, and he fortified his fen.
timents by the doarines laid down by the greaten
ancient and modern lawyers. He contended that
the obfervations in the libel were general, and did
sot apply particularly to Ireland.
The ATTORNEY Gets UAL replied, that the libel
did not contain abitraa theoretical opinions, but
was a dime addrefs to the people of Ireland to
avail themfelves of the firs opportunity of 'baking
off their dependency upon the espvernment, which
bad ieforted to the temporary expedient of mar-
tial law to fupprefs one of the moR dangerous re-
bellions that ever exilled.
The Judge entertained no doubt as to the libel-
ous tendency of the publication. He regretted
that the talents of the Defendant, which might
have been fo eminently beneficial to the public,
Ibould have taken fuch a wrong bias ; he hoped
be would fee his errors, and atone for them by
adopting a different line of conduit in future.—
The Jury pronounced the Defendant Guilty.
APRIL 26...•-iVATERS V. COLLIER.

This was an aaion on a policy of inforance on
a bottomry bond. The chip Britannia failed from
London for Lifbon on the lath September, 1798,
with a cargo of corn. On the 16th the met with
a heavy gale, and was obliged to put into Ramf.
gate to refit. The repairs amounted to a coati-
derable turn, which Mien, the Captain, was un-
able to difcharge. The Plaintiff, however, ad-
vanced it to him, he having firft hypothecated the
!hip's bottom. The Britannia again failed, and
joined convoy at Portfmouth, but the day' after
was driven on {bore on the We of Wight, and
fo mush damaged that the was covered with water
every tide. The original voyage bad been in-
Inject, and the owners abandoned. The condi-
tion on which the bond was payable having thus
faikd, the Plaintiff brought his action againft the
undenvriters. The depofitions of feveral {hip.
wrights were read, who (wore that the Op was
fo much damaged as not to be worth rerinng.
Mr. ADAM, their Counfel, retied their defence
upon two grounds : t. That the bottomry bond
was involved ; and, 1. That at any rate the (hip
had not been utterly loft, and that the Plaintiff
might thus either have attached the !hip, or the
perfon of the Captain. It is Only in a foreign
country, lw Grid, that the mailer of a (hip has a
right to hypothecate her for repairs. In Great
Britain the owners, as well as the Captain, are
liable. The bond was this nothing more than the
perfonal-Qcurity of Mien, and the Plaintiff had
not an hirable intereft. But he fhnuld prove
that the {hip was at this moment upon the high
feaii; loaded with a valuable cargo. The under.
writers -had fold her for 9001. to a Gentleman, who
fhAmed her and made her again lea worthy for
the (mall ruin of :6,1. .He did not pretend that
the (hip (hoold be annihilated, but there could be
no doubt that the meaning of the parties was, that
the bond fitonld be in force, unlefs the (hip, was fo
much injured as to be difabled from earning the
freight for .the future.
From the depofitions read, it appeared that the
Britannia attually was again fitted for fea at a
Yiiiall erpence, and is now oa her way to Cork,
loaded with tea.
Eisen's, Counfel for the Plaintiff, dill con-
that his client was entitled to recover. He
was of no importance whether the hypo
ion of the fbip was valid or invalid ; the
iff was nevenhelefs interefted ; for he had

Morga)

condition of the Thies arrival. The (hip having in the conftrunion he rot upon the cafe when the
been got afloat fo eafily was merely owing to parties had a difpute, then the verdia would
chance, and ought to have no influence of tr the the plaintiffs.
minds of the Jury. The voyage had been 1011, Verdift for the plaintiffs.—Damages the amount
the moil Salful fhipwnghts had pronounced her of the bill, declaring the money paid into Court,
unfit to be repaired, and the owners bad abandon. and the dividends under the Aloe of Reydout,
ed her. This certainly was deftrunion in the lenfe, which made the funs 2961.
of the condition of the bond. INGRATITUDE.
Mr. Juftice LEBLANC faid, that what was an THR KING V. HENRIETTA KE1.11.-..-MY. MINGAY
incurable intereft had of late been very much de• raid, it was with extreme coocern, and contrary
bated, and whether the Plaintiff in this cafe had to his expenation, he found bimfelf called upon to
an incurable intereft, be &Mild referee for the opi- Rate the particillars of a tranfaelion which involved
nion of the Conn. He merely &fired. the Jury the names of perfons who were well known to him
to confider whether fuel) a lots had taken place he had hoped that by an adjuttment of the diffe-
as would free the Captain from relpoitfibility, and ranee of the parties before a private tribunal, the
thus make the Underwriters liable t—Verdia for indiament would not have been further proceeded
the Plaintiff. in, or that he unild have been authorized to have
Hayss AND ANOTHiIt V. TURNER AND ANOTHIR. contented to a verdint of acquittal. Unfortunately
This was an anion for money had and received his willies had been difappointed. This was an
by the defendant for the plaintiff's nfe. indictment for wilful and corrupt perjury,
infi-
Mr. Miscast faid, that unlefs he was millaken, tined againft the defendant, Mrs. Henrietta Kelfe,
which he had no reafon to fulpen, the trouble the wife of James Kelfe, who was alto the objest
which the Learned Judge and Jury would have of another indictment for the fame offence, on the
in this caufe; would be very (hon. This was an profecution of the Rev. Mr. Ambrofe, a natural
anion which would (hew what temptation money fon of Lord de Blaquiere. Mrs. Kerte, the de-
was to Tome people, and which, for the fake of a fondant, was the filter of Mr. Ambrole's mother,.
charsiner to thole who had any value for it, he and tiled frequently to be vifited by her nephew
could with to have been otherwife—however, Come in the early period of life. Strange as it might
people reconciled there !hatters pretty eafily.— appear, there !Wits had been converted into the
The plaintiff in this anion lived at Maidftone; in foundation of a pecuniary demand. Mrs.' Kelfe,
Kent—he had contracted to *chafe in agate for previous to her marriage with her prefent hatband,
1 19000. to make up which Jinn, he was under the had been connected with a Gentleman of the name
neceffity of borrowing ioool. He applied to Mr. of Hatton, who, upon eflablifhing himfelf, had
Morgan, a refitenable attorney, to inform him how thought it prtident to fettle an annuity upon her,
he could raife it. Mr. Morgan happened to have and to give her his bond for the payment of 'soot
been concerned for a perfun of confiderable trade Mr. Atnbrofe had been educated at College, with
in the city, of the name of Reydout, and he, re- a view to the profeffion of the Church, and upon
commended the plaintiff to this perfoa, as likely attaining a proper age, obtained through the inte-
to procure a bill difcounted for him ; accordingly relt of Mr. Hatton, a living, which was now in
a bill was drawn, and accepted by the plaintiff's, the hands of Mr. Kelfe, under a fequeftration for
for 5091. and given into the hands of Reydont for the arrears of an annuity of tool. granted by Mr.
the purpofe of getting it difcounted, who faid he Ambrofe, in confideration of the bond from Mr.
would take it to the defendants for the purpofe of Hatton to his aunt being delivered up to be can-
getting it difcountcd ;he took it to the defendants; celled. An application had been tome time fince
who, banker; of difcounting the bill, paid it away made by Mr. Ambrore, to the Court of King's
to their who, when it became due, rued Bench, to fet elide this annuity, on the &rround,
the plaintiffs on their acceptance, and the money that the true confideration was not fet forth in the
was paid. Reydout owed the defendants a large memorial of the annuity deed.. Antic was granted
funs of money upon the balance of their accounts, to thew cattle why the deed bond and warrant of
and they pretended that he paid them this bill in attorney, given as fecurities for the annuity, &mild
liquidation of his debt with them : and they pre- not be fet elide. The defendant, in anfwer to this
tended that they were holders of the bill for a va- application, made an affidavit, in which (he furore,
!noble confideration, without notice of die terms that before her marriage withMr.Kelfe,her nephew,
on which the bill was received by Reydout of the Mr. Ambrofe, was indebted to her in the furn of
plaintiffs, and therefore they had a right to apply 19001. for. his fupport, education, and advance-
it to the liquidation of their demand on Reydout ; men) in life—of court:. the rule was difcharged,
the balance upon the accounts between them and and it was upon that affidavit the perjury alledged
Reydout being t fol. they contended they had now by the prefent indiament was affigned: the profe-
a right to detain it in their hands out of the fruits tutor would exprefsly Rate, that the annuity was
of this bill ; and they paid 601. into Court, which founded upon no fuck confideration, and Mr. Hat-
they contended was all they ought to do. Now, ton would prove, that on the contrary, the annuity
on the part of the plaintiffs, he contended that they had been granted in eonrequence of his t acad.
had no right to detain a (billing of this bill, be. bond being delivered to him.
caufe, from the nature of their dealings, they knew Mr. Hatton Rated, that the bond he had given
that be was entrufted with the bill merely for the to Mrs. Kelfe had been returned to him by the
purpofe of getting it difcounted ; and that he profecutor, Mr. Ambrofe. It was delivered up as
went beyond his commiffion in leaving the bill in the confideration for the next prefentation to a
their hands wo liquidate any debts between them ; living in his gift. Mrs. Kelfe was defirous of
and therefore they ought to refund all the fruits having the next prefentation for her nephew, and
of the bill to the plaintiffs. the had agreed to give up the bond, if he would .
Mr. MORGAN, the Solicitor, raid, be knew the allow her to prefent Mr. Ambmfe.—On his
parties, became acquainted with them as Mr. Min- crofs-examination, he declined Paying, whether
gay had Rated. He gave an account of a meeting he would believe what Mr. Ambrofe faid on his
at which he was prefent, which took place between oath.
Reydout and the defendants, in which this fubjeft Mr. Ambrofe, the profecutor, raid, he never
of difcounting this bill was talked of, when the de. was indebted to Mrs. Kelfe, in the turn of 19001.
fendants' clerk and Reydout had a difpute whe- for his advancement in the world—be confidered
ther' it was isol. or 2001. the defendants were to what the had done for him not as a debt but a
be allowed of the debt which Reydout owed them, gift—a day or two after he was prefented to the
in the event of the bill being difcounted : but the living by Mr. Hatton, he granted the annuity on
wiends had every reafon to believe from the con- condition of his bond to his aunt being given up.
verfation, that the defendants were not ignorant His aunt had always given him reafon to believe
of, on the contrary, they appeared to be well the would provide for him and in the year 179411 e
qnainted with, the terms on which Reydout re. authorized him to go to Mr. Hatton, who agreed,
ceived the bill of the plaintiffs, which was, to get inftead of paying his bond, to prefent him to one
it difcountcd. of his livings. On his crofs-examination, he faid
The defence was, that true indeed, Reydont he was fill a Clergyman of the Church of Eng-
received this bill of the plaintiffs in null to get it land, and the incumbent under Mr. Hatton's pre.
difcounted, but that he betrayed that truft. He fentation. He admitted he had been under very
took it to.the defendants and paid it to them in the many obligations to his aunt ever fince he was
way of bufinefs, without telling them any thing of horn—he bad known but little difference between
the terms and conditions upon which he was en- his aunt and his mother. She bad performed all
trufted with the bill, and therefore they did, as by the bell offices of a parent towards him. She had
law they had aright to do, apply it in liquidation nurtured him inhis infancy, inftruted him hertelf,
of their demand on Reydout : for which purpofe procured matters for his inftrunion, nurfed him in
they called Reydout, who (wore that he did re- ficknefs, fopported him in health, and done every
ceive the bill for the purpofe of getting it difcoant- thing for him. He was now 3t years of age, he
ed, but that he owed the defendants a large funs had lived in the pan& of St. James's, Weftminfter ;
of money, and had given them feveral bills, and at prefent he lived where-he could, and unfortu-
begave them this; but did not let them know that nately for him, as he could—he did not particu-
be had it in tnift to get it dircounted, fo that they larly prefer the parifh of St. James's, becaule it was
had no notice whatever of the terms on which he notorious for containing more gaming-hi:tures than
bad received it, but took it regularly in the way any other parith. It was true he was arrefted on
of bufinefs—after which he ftopt payment and be- Saturday lag, in Pall-Mall.• hot not as he was
came bankrupt, and tome dividends had been coming out of .a gaming-boort. He was married
made under his commiifion. in the year 1.787, and had five children. Three
Mr. Miriam: admitted, that if this witnefs was of them, who were now alive, did not receive any
believed, be had no cafe as he had opened ; but he affiftance from him. From the period he had de.
Mr:trued, that upon his own (hewing, this witnefs fertcd. the mother of his children, his aunt had
deferved no credit, for that he had &den the bill, fuppotted the whole five, and now fupported the
and for which be ought to be, and if his advice three who were living. le had, he confeffed, been
were followed, would be inclined for the Felony, compelled by his neceflities, and the circumftance
for he knew a cafe cagily like the prefent, where of his father, Lord de Blaquiere, abandoning him,
a man for doing what this man did, was traniport- had induced him to commit aas he would otherwite
ed for (even years. Thus difpofing of the evidence have been afhamed of—but without the means of
of Reydont, the plaintiffs would be entitled to a fupport, and with the horrors of a gaol every day
verdict for the amount of this hill. before him, he was obliged to have recourfe to
Mr. plaice La &AIM raid, that the defendants a line of condua neither juftifiable or ftrinly
had received 5091. the produce of a bill accepted moral ; his fituation as a Clergyman obliged him
by the plaintiffs, and paid by them. Now, if the to make an appearance to which his means were
defendants had received this bill in payment of a inadequate.
debt from Reydout, and did not know the terms The Counfil, who crofs-examined him, raid, he
on which it came into his hands; then, to be lure, hoped he would be loon relieved from any diffi-
the plaintiffs were in the common cafe of having culty he might be fubjea to, on account of his
Minified an unworthy agent, and' they mutt fur- being hit/tiled with the facred office of a Clergy-
tain the lofs occafioned by his difhonefty ; becaufe man. After the exhibition he had made of him-
the holder of a bill for a valuable confideration, fclf, it would be but an all ofjollice to recommend
without notice of the terms. on which the bill was to the Bithop to riddle Church of fo unworthy a
given by the plaintiffs, was entitled to the fruits member.
of that bill-abut the cafe was otherwife, if the de- Mc. MINGAT candidly confercd, that it would
fendants had notice, and that was mattertof fag be an intuit to public juftice to goofs a cafe Pup.
for the Jury upon ie evidence. If they believed.,ported as this was any further. •
Reydout, the defendants were entitled to, a verdia., Sit S. LI Italic was clearly of opinion, that
"•-• ditiught that Mr. In was right the defendants by procuring a living for her as

phew, had laid the foundation for a debt for' hi•
advancetitent in life. His Lord(hip raid, he Is-
mented, with a view to more than one perfon, that
fuch a fcene as this profecution exhibited, mould
have been laid before the public.
The defendant was immediately found—Yot
Guilty ; anll a'vca diet of acquittal was alto recorded
out he indiament againll her hniband.

tb.-c. (led.
fait it
therati,
Plaintil