Star.
London, England, 1801-11-24 00:00:00

PERSIAN EMBASSr.

Dated Taberan, Nov. 1/, too.
" I had laft the pleafure of addreffing you at
our departure from Ifpahan; and have now to ac.
quaint you:that we arrived at this capital four days
;go, after a very pleafant journey, having been
received as we idvanced with the molt marked
attention.
a Two of the Chief Officers of the Court, at-
tended by two of the King's gholams or body
guad, carne out eight miles to meet the Emhaily,
und fornted our ercort to the houfe of HAJY IBR A-
um, the Prime Minifier, which had been prepared
for our reception. Here we had the moll excel-
lent accommodation, and as the HAD,' himfelt is
our Mintnandar, we have our breakfafl and dinner
regularly from his kitchen, and we are now grown
fo fond of his piloas, that though our dinners are
regularly dreffed in our accufiomed manner, no-
baLly ever thinks of tatting them.
44 We yefterday went in (late to vifit the KING,
and nothing could be more magnificent than the
whole ceremony. Captain MALCOLM was attended
by the whole elcort,rnufic playing, led hones, and
every other mark of dignity which he had ufually
Aimed at other places. We did not difmount at
the entrance of the moyden, as is cuftomary, hut
proceeded on horfeback to the very gates of the pa-
lace, where we were received in an anti-chamber
bf SoLY/4AN Kli•N KUJ ET (a near relation of the
twee), with whom we fmoaked our callians, and
drank coffee, till fuch time as the matter of the
ceremonies arrived to tither us into the prefence.
He conduaed us into a fpacious court, in which
want drawn up about two thoufand of the guards,
all elegantly dreffed ; at the farther end of this
garden was the Duan Khana, at one corner of
which we perceived the KING fitting on his muf-
nud. When we had approached fufficiently near,
an officer proclaimed that Captain Jona MALCOLM
&BAUDER, Ambaffador from the Governor-Ge-
neral of India, was Come to wait upon his Majef-
ty ; to this the KING replied " Welcome," with
a loud voice. We then entered the Duan Khana,
and took our places as follows, viz. Captain MAL.
CUM was feated near the centre of the room (at
a fniall diftance from the KING) at his right, a
little above him, flood the Heir of the Throne,
and another Prince, and the Prince Minifter on
his left, a little below. We Were all feated at
Come diftance below, ezaaly oppofite his Majefty.
" The fun {hone into the room jolt where the
EKING was feated, and the reflation of the dia.
snoods in his crown, bazabunds, &c. was fo great
froth that circumftance, that it was almoll itnpof-
Ale to look at his face; the celebrated Coh Nour
then; amongft the relt with dill inguifhed luftre on
hi, right arm. Nothing could be more gracious
than his Majefty's deportment during the audience,
which tatted abottt twenty minutes, and we all
took our leave much pleafed with our reception.
"The Kum is about thirty-two years of age ;
he has a Roman note, and a very long, black
beard, and his countenance, on the whole, is plea-
ting and dignified."

LAW INTELLAiNCE.

COURT OF COMMON PLEAS, NOV.!?.

HUNTLEY O. LIICESTRIL
This Wai an anion brought by the Plaintiff,
Mrs. Huntley, on the Habeas Corpus An, againft
the Defendant, a keeper of the goal of the town
and borough of Portfmouth ; it was tried at the
Uizes at Winchefter, before Baron THOM sow,
*hen the Plaintiff was nonfuited.
On Thurfday laft Serjeant Bier obtained a
Rule to thew caufe why the judgment of nonfuit
fhould not be let afide, and a verdia entered for
the Plaintiff. The cafe and evidence was read
from the Learned Baron's notes of the trial,
whereby it appeared that Mrs. Huntley having
been committed to the gaol of Portfmouth, on a
warrant under the hands and Seals of two Magill
trates of the town and borough of Portfmouth,
and was alto detained by another warrant, did,
on the asth day of November, 1799, cattle a WWI
ist the name of Charles Holding Walker, then a
;Ira= there, to snake out a notice. purfuant to
the terms of the 3111 Charles 11. Sea. S. demand-
ing oldie Keeper of the raid prifon, within fix
pours of the date and delivery of the Paid notice,
a copy or copies of all fach warrant or warrants of
coinmitmert, as he held her in cuitody by, " not
being for Sedition, Treafon, or Felony." The
witness called on the trial fwore to the delivery
of the notice in queftion to a turnkey of the prifon
at fie o'clock in the evening of the 25th day of
November, 1799. That on the 27th day of
vember following, and not before, Ise re cei ved from
the Turnkey copies of two warrants, purporting
to be warrants of commitment of the laid Mrs.
Huntley to the raid goal, under the hands and
feats of two Magiftrates of Portfmouth. which co-
pies were indort:d by the Defendant Leicefter, as
true copies, and were accompanied by a letter in
the following terms: " I can scarcely write, hav-
ing nearlc loft the fight of my eyes ; one commit-
rnent citnewith her,the other came loon after her ;
1 do not with to deter you from going on, but with
lter to get her liberty as fonts as potable." This
was the only evidence on the part of the Plaintiff,
nn which th.: anion was brought, to recover the
fan of tool. as a penalty for non.compliance with
the noticel The defence of the goalcr was, that
his h
outs opened into and was a part of the prifon ;
that he then kept his room from a complaint in
his eyes, but if he had been called upon by fuels
notice, he would, as he did in this cafe, give an
Intwer .;s early as potable. The Judge who tried
the cattle was of opinion, that the goaler was not
teltinniible. for the penalty of the Al, and nonfuit-
ed the Plaintiff.

S;:rjeant WILLIAM, this day (hewed caufe againil
the Rule, and in fupport of the nonfnit ; and ar,
sued with great ability that the Defendant was
I"! here refponfible ; that due diligence was not
by the perfon applying, as although he did
sot receive the copies in fit hours, he might, if he
leafed, call again on him i■ the morning of the
16th or thz z7th ; but he waited probably to en-
'-ip the Defendant thus long, that he might bring
1a:on aglinft hiss for this remedy.

The Court delivered tlitir opinions feria,l6:.
The CHU r jos riot faid, that he could not but
agree that this aft wa; a rem: aloft rather than a
penal one, although heavy penalties and difabilities
were attachable on perfms offending against it;—
that the provisions of this Al was wife and good,
in as much as it went to protest the freedom of the
fubjeCt againft opprealon, could not be denied ;
but where loch a grievous and heavy penalty as
this was rued for, the Court would take care
that the beg evidence fhould be produced of the
wilful and culpable negleta of the Defendant, and
the dire diligence of the Plaintiff in endeavouring
to obtain what was fought for 0(61111612 His
Lordfhip faid he could not help having Come lid-
picion that the condtra of the Plaintiff was rather
meant to entrap the Defendant into this affirm,
than ferioufly to obtain the copies applied for: It
ought to have been (hewn that the goaler was not
accellible, that the perfon to whom the notice wits
given knew the purport of it, and that on prefent-
mg it to the keeper, he neglefted, or refilled to
comply with it ; this had not beess done, nor did
they call the turnkey to whom it was faid to be
delivered. One the whole, his Lordfhip was of
opinion the Plaintiff had not made qut a cafe fuffi-
vent to entitle her to a verdiet, and therefore re-
jeCted the application, and confirmed the judgment
of nonfuit.

Jußice Henri, concurred in opinion with the
Noble Lord generally, but from the importance
of the cafe could not refrain from giving his opi-
nion more at large. That it was a remedial flu-
tute he could not but admit. If he knew his own
heart he mull be allowed to fay that it was no lcfs
his inclination than his duty to carry fo excellent
an ad as the Habeas Corpus Aft into execution, but
he could not buffer it to be carried into died as a
penal law and a law of clifability, without looking
into the evidence in fupport of the charge. In this
cafe the gaoler was really in the gaol, was aceefii-
ble, if the parties were ail-poled to get at him.—
The Rule of Refponden: Superior would not hold in
this cafe, as the gaoler was really prefent ; that
could only hold in his abfence to his proper depu-
ty ; he therefore concurred with the Chief Juitice
in refitting the Rule and affirming the judgment.
JulliceßOOKE.—" No man can be more loath
than I am to do any thing derogatory to the li•
berty of the fubjed. This is a wife and good law.
Judges fbould be careful that an ad wifely pail
to proted the liberty of the fubjed fnould not be
converted into oppreffion on gaolers or any of their
officers, who certainly ought to have all the protec-
tion the taw will afford them. I am of opinion the
condua of the Plaintifitives room for a fufpicion
that this adion was meant to be brought rather
than the topics obtained. The fad of wilful neglel
or refufal here have not. been proved. Neither in
juflice or as a lover of liberty can I confider him
as liable ; and therefore conlidering, as I do, that
it is our province to proted the gaoler as well as
the prifoner, I concur with my learned Brothers
in opinion."
Jullice Cuirabits alfo concurred in opinion,
and requelled to be underftood that it was not his
with the law fhould be frittered away in favour of
gaolers ; but that equal juflice fnould be admini•
tiered to all innocent perfons„ gaolers as well as
others. He as well as his brother Judges could not
but confider it as a trick. Judgment of Nonfait
affirmed.