Star.
London, England, 1802-08-07 00:00:00

LAW INTELLIGENCE.

HIGH COURT OF ADMIRALTY, AUGUST S.

This day the Right Hon. Sir Wta. Scot,- pro-
ceeded to the adjudication of the following eaufes:
The Kron Printz, Gulk maller.—This was a,
further proof cafe as to the property of the fhip '
which was claimed as belonging to Mr. Reimer
Ruge, merchant of Altona. It appeared that tilis
(hip was failing under Danifh colours, laden with
a cargo of coffee, cardamom, indigo, fugar, nut-
megs, and various other articles, bound on a voy-
age from Batavia to Copenhagen, and was cap-
tured on the 28th of July, iSot, by his Majetly's
Chip Cambrian, the Hon. Arthur Haye Legge,
Commander, and brought into Portfmouth. It
was contended on the part of the captors that this
was Dutch property. that the was purchafed in the
year t 79Q whilst lying at Rotterdam, that at the
time of the capture the was commanded by a Dutch
mailer, and that upon force of the original papers
there was pretty firong ground to fuppofe the
would have found her way back again to Holland.
The Court, after hearing the Counfel on behalf of
the claimant, rellored the fhip, and pronounced
freight and expences to be due to the neutral
matter.

MARSHALSEA COURT, AUG. &
SLUCNBURG V. SWUM AND MAIM

The plaintiff, a very decent, refpeftable man,
upwards of figto pars of le, living at Turnham-
green, was riding In the vicinity of Afton, in June
fail, when a pig, the property of one of the De-
fendants, who are anciext warm, ran under his
honk, and almoft brought the animal and his rider
to the ground. By the Rumbling of the horfe,
the pig roared moft ftrenuoufly, and then made
his way through a hedge with all expedition.—
The old lady hearing the fcreams of this wretched
animal, inftantly flew to its affiance, but not
teeing the bee, the concluded that it had been
filled and Alen by the plaintiff; under this impref-
fion, the alarmed her neighbour, the other de-
fendant, and they both Wiled forth in purfuit of
the plaintiff, vociferating, with all their might,
" flop thief." The plaintiff was immediately
feized, and upon the defendant's coming up, he
was formally charged with the double crime of
iilling and fieatng the raid pig. In vain did he pro-
teft his innocence, taking heaven to witnefs that
he never entertained any malice againft the pig,
or defign upon its life ; there proteilations and re-
monitrances were of no avail, the ladle: were in-
exorable; they pulled him from his horfe, dragged,
beat, and clawed him at a moft terrible rate for al-
onyi an hour, until Tome of his neighbours palling
the field of aftion, refcued him from the fangs of
thefe implacable viragoes. The pig, during the fray,
had prudently gone home, where he was found in
great health and fpirits, feeding moft contentedly,
and apparently uncogrions of having given any ma.
fonfor contention !
The Jury, in confederation of the injurious
treatment received by the plaintiff, found a ver-
dia in his favour, with nos. damages, which, in
this Coutt, entitles him to colts.

KENT ASSIZES.-MAIDSTONE, AUGUST I.
_ SIMIAN V. P4ANSVIIII.D AND °THUM

Mr. Gapitow opened this cafe. He lamented
extremely that he had not had his brief deliver-
ed to him earlier ; if he had, he fhould certainly
have advifed his client to have difpatched a mef-
tenger to Beckenham, in order to have introduced
to the Jury a perfon, who, fine the death of Lord
Lonfdale, might juftly pretend to pre.eminent ce-
lebrity in the annals of Courts of Jutlice—the Gen-
tleman alluded to was no other than Mr. John
Cator, whofe name the walls of the Court had of-
ten refounded. When he read his brief, he was
furprifed to find it contain fuch a mixture of folly I
combined with knavery. Happily GOD AL.
MIGHTY had let fuch a mark upon thole who for
fome infcrutable purpore he fuffered to live to
plague mankind, that their machinations always
recoiled upon themfelves, and tended to their own
injury. There would be found a molt wonderful
coincidence between this trial and one which oc-
curred at the lall Affixes; fa much fo, that at firft
he almoft fufpeded his old brief had been deliver-
ed to him by millake. Mr. Morgan, the plaintiff,
was a Gentleman of fortune, living in the neigh-
EJurhood of Penge Common, and for ten years
part had rented a field of Mr. John Cator, to
whom he had uniformly paid his rent perfonally ;
but for reafons, which would be explained before
he had finithed his obfervations, he had at Mi-
chaelmas laft paid it to the Clerk of the Attorney
of the defendant. In the month of December
following, he was walking over his land, and was
much furprifed at feeing a man in his field with a
hark and cart (hooting a load of dung. He
thought filch an aft of good neighbourhood alto-,
nithing—he could not conceive how any one could
have been fo kind as to manure his land for him.
Accordingly he acetified the man, and enquired
the motive of fo fingular an a.t. The man raid,
,0 1 have taken this field of Mr. Cator, my Land-
lord." The plaintiff replied," You had better go
away about your bufinefs, for the field is mine."
This man's name was Fox. The Mr. Cator, whom
he had mentioned, was a good Lawyer—he bad
had much eitierience, and had paid dearly for it,
and therefore it was difficult to- account for his
letting land to Mr. Fox, which he had pievioufly
let to the plaintiff : but the real truth was, Mr.
Cator was ,one of thole, who having a long purfe,
which he was confcious he could not carry to the
Devil with him, wifhed to make the molt of it in
this world, by employing it in torturing his fellow
creatures. He was perfuaded when he had deve-
loped the whole of the cafe, the Jury would think
him jultified in demanding' exemplary damages,
not to come out of the pockets of the defendants,
who were the obfcure inftrnments of another, but
out of the purfe of Mr. John Cator, their princi-
pal. He would grove Mr. John Cator was the
real defendant, by (hewing that he had been tam-
pering with the plaintiff's witneffes, and he had no
doubt if he fucceeded in doing fo, that the Jury
would put their hands deep in his full cram'd
ipurfe of mifehicf. The eircumftanee of !hooting
I.tha • • -

months. Tn the mean time Mr. Morgan, the
plaintiff, had defired his agent, Mr. Ayliffe, to put
a chain on the gate. In the month of April,
Mansfield, the defendant, who was the Bailiff of
Mr. Cator, and the other defendants, who were
the fervants of the carpenter employed by that
worthy gentleman, thought proper to let them.
felves to work, and dig up the gates and polls be-
longing to the plaintiff's field, and carry them in-
to another field belonging to him. What mull
the jury think of fuch it trantatlion ? tome of
them undoubtedly were occupiers of land, and
were anticipating the abundant harveft, of which
the bounty of HEAVEN, in fending fuch favour.
able weather, afforded a reafonable profped.—
What mull they think, if during their abfence they
should learn that their landlords had taken off the
gates of their wheat fields ? Such was the treat-
ment the plaintiff had received, for which the de-
I fendants' employer had infultingly left them to
their remedy at law. It might be alked why Mr.
Cator had done this? He could not tell them cr-
afty ; but he would acquaint them with fome
fads, which would let them a little into the lieut.
Mr. John Cator lived at Beckenham, where for
many years he had reigned Lord Paramount, till
unfortunately for the continuance of his dominion,
a Mr. Jackfon came to refide in the village, and
in a manner molt honourable to himfelf let about
that falutary reform in the affairs of the parilh,
which long abufe had rendered neceffary. His
laubable exertions naturally rendered him the ene-
my of Mr. John Cator. Mr. jackfon' as well as the
plaintiff, Mr. Morgan, held land of Mr. John Cl-
air, who, irritated at the interference of the former,
relented it by threatening to cut down tome or-
namental trees before his houfe. Mr. Jackfon ap-
plied to the Court of Chancery for an injunction
to retrain him. Upon this occafion the plaintiff
had dared to adopt that courfe which juftice de-
manded of him. He had given evidence in the
Court ofChancery, in confequence of which Mr. Ca-
tor was prevented from carrying his defign of cut-
ting down the trees into execution. He failed in
that point of injuring Mr. Jackfon. Whether
he had failed in other refpeds was with GOD and
his own confcience—he had his own reafons for
thinking he had not. He had often teen in the
courfe of trials in Courts of Juflice, that when the
evidence teemed to be fo equally balanced that
there was not an hair's breadth between the fcales,
one of them had been made to kick the beam by
the mere folly of the party. He remembered
a cafe where it appeared a tubed of extreme
doubt whether a Mr. Cator, not John, by his brother
Jofeph Cator, had written certain letters of
a libellous tendency ? Upon that occafion Jo-
feph Cator had gone to a Mr. Heard, a ita-
tioner, and had laid to him, 44 You remember
you never ferved me with any fool's cap paper."
Now it happened that the main queftion was,
whether the libels were or were not written on
fool's cap paper, which had been fold by Mr.
Heard. Equally filly was the condo& of Mr.
John Cator—who would believe that a man of
his figure, and fafhion, and charader, with as
large a fortune as any gentleman in the county,
fhould have found out that the Bailiff of Mr. Mor-
gan had left him, and gone to live at Carfhalton,
but fo the fad was. Mr. Cator one day ordered
out his carriage, and in a fhort time after, tome how
or other, found himfelf at an inn in Carfhalton.
Whether he took with him a certain virgin, of
whom his learned friend Mr. Fielding had hereto-
fore had occafion to mention, did not appear.—
The eidevant Bailiff of Mr. Morgan, tome how
or other, received a meffage while he was en•
gaged in his runic occupation, informing him that
a fine gentleman wiffied to (peak to him. He at-
tended him, and found him regaling with the Tut.
can grape. " Come, my good fellow," Paid Cator,
" fit down and take a Oafs of wine." Hodge
teemed bafhful. " 0 dear, dear, don't be afraid ;
help yourfelf; the more free the more welcome."
Hodge took a fecond and a third glafs, but was
a little fhy of going further. Mr. Cator kept
plying him, and when he thought him fufficiently
off his guard, he thus addreffed him You re-
member the day before'Michaelmas-day you gave
up poffeffion of the field I let to Morgan ?"--4, No,
Sir, I do not recoiled any fuch thing."—" Take
another glafs—take another glafs—yes, yes, you
mull remember it—l am lure you do—l'll remind
you. One of my people came to you, and afked
you to give up poffeffion, and you gave it him.'
The honeft fellow perfilted be had done no fuch
thing. He (aid, " I remember this trantadion
taking place—l was in another part of my mat-
ter's land, and a perfon, who was a granger, ap-
plied to me to (hew him the field."—Foolifh and
nonfenfical, Mr. John Cator, to fuppofe that filch
a poffeffion would have been of any avail; even if
accompanied with all the formalities of a feoff-
ment ; nay, if even a fod had been dug up by the
plaintiff's fervent, without his matter's content,
and delivered to him as feifin of the land. Some
time after this an application was made to the
Plaintiff by Mr. Cator. who Paid " the affair had
better be fettled, perhaps there has been tome mit.
take." Has there fo, then Jo you, good Mr. Ca.
tor, pay the reckoning. 44 Perhaps,' replied the
other, " it will be fufficient if I pay the colts ; it
I cannot be worth while to go to law in an action'
of tretpars, where the damages can only be nomi-
nal"—nominal damages ! They were not the ob-
Jed of the Plaintiff. He demanded, malted upon,
and was convinced he, fhould receive—not a fhil-
ling verdid—to encourage Mr. Cator to go on ha.
rafting and vexing his neighbours—but a verdict
which would operate as a leffon to him in future,
and teach him that no man was above the law, or
out of its reach. Mr. Cator not being able to de-
bauch the Plaintiff's witneffes, no longer continued)
the attempt in his own form, which he found was
too hideous. Like the firft feducer of mankind,
he had recourfe to guile—he fent two of his fami-
liar fpirits to tempt him—they were to carry him
a fubpana, and, if poffible, to engage him in
eonverfation. They did fo, add were two hours
with him. However, as truth cannot change.
but mutt remain the fame to all eternity, the man
perfifted in what he had before (aid. The two

come to London and go down with ns.". He took
it for granted there would be no witneffes called
on the part of Mr. Cator. If there were, he lhould
have a right again to addrels the Jury ; but if not,
he caitrle would be, that the Learned Serjeant
who was Counfel for the Defendant would make
an erection Ipeech, inferring that all Mr. Garrow
had laid was the invention of one who was always
glad of an opportunity of flitting any thing to the
prejudice of Mr. Cater, and that this was an ac-
tion againft the feivants of that Gentleman for
their own milcondua. But if Mr. Cator was
found at an inn at Carfhalton, tampering with the
Plaintiff's witnefs, would not the Jury believe he
had gone there for the purpofe of faving his own
money bags ? Would they not fay, " let us find
our way to the true Defendant, and make him pay
handfome and exemplary damages P'
Mr. Denny, the plaintiff's bailiff, and the only
witnefs, was then put into the box, who Hated
that he knew the land in queltion exceedingly
well ; it was fituated near Penge Common, and
was rented by Mr. Morgan of 'Squire Caton He
remembered Mr. Mansfield, Mr. Cator's bailiff,
attended by Derringer, Morris, and Hughes, three
journeymen carpenters, coming to the clofe. It
was on the sft of March, at (even in the morning.
They dug up the polls which fupported the gate,
and carried the whole away to an adjoining field.
He had previoufly put on a padlock by his mar-
ter's defire, after Fox had brought force dung
upon the land. In the month of April he went
to Carfhalton.

Mr.Serjeantßett.ev objc.led to any thing being
given in evidence as to any interview the witnefs
might have with Mr. Cator.
Mr. GARROW obferved, that he meant to prove,
that Mansfield and the reit had acted under Mr.-
Cator's guidance ; but he would wave that part
of the evidence, as he had abundant proof betides.
Mr. Garrow then addreired himfelf to the witnefs,
and alked him, if he had faid any thing to the
men when they came to dig up the gate ?-
Witnefs continued.—He had afked them by
whole authority they were digging up the gate ?
They replied, by their mailer's orders.
On examination he faid, that Mansfield had
come the day after Michaelmas-day, but witnefs
fuppofed he had come merely as a matter of form.
No poffeffion had been given before, nor had Mt.
Morgan given it up to any one, though Fox had
taken poffellion of it, and kept it ever fince. The
dole, he added, was of the utmoft importance to
Mr. Morgan, as it led to his land : he mull com-
mit a trefpafs on another perfon's land in going to
his own, if he was deprived of it.
Mr. Serjeant BAILEY faid there were two things
he was particularly defirons the Jury fhould keep
diffintl: the fpeech for the Plaintiff and the proofs.
He alfo walled them to feparate as much as poffi-
ble Mr. Cator and the Defendants, for it was ea.
tain that Gentleman neither had entered into any
bargain to indemnify them, nor was he called
upon to do fo. He would, however, fuppofe this
was a cafe in which the Jury were to put their
I hands into Mr. Cator's pocket, in fuch cafe they
ought to deal mercifully, becaufe the Plaintiff had
already received ample fatisfaffion by the fpeech
which had been made for him. He was perfuad.
ed.if Mr. Morgan had been alked whether he would
have had tool: or Mr. Garrow's fpeech, he would
have preferred the latter.—That the Plaintiff's ob-
jed was to have Mr. Cator held np to the ridicule
of his neighbours was evident from this—when
Mr. Cator found there had been fome miftake, he
apprized the Plaintiff of it, and faid here are your
colts, let the matter go no further. No, no, you
have done wrong, I have you in my power, and
will take care Mr. Garrow than give you a rating,
This was not a cafe in which it was neceffary to
enter into the hiftory of Mr. Cator's life from the
period of his birth ; the Jury were merely to en-
quire what damages had been fuftained by inter-
rupting the polliffion of the clofe in queftion I The
injury could not be very material, as the field was
ploughed, and lay fallow. if the Jury fhould be
of opinion the Plaintiff was entitled to a verdill,
he trolled they would confider that his objea was
not damages, but w have Mr. Cator held up to
the (corn and derifiou of the County of Kent. He
had no doubt they would deem nominal damages
fufficient.
The LORD CHIEF BARON obferved, that if the
cafe had been proved as it had been Rated, it would
have been one of grofs opprellion, and the Jury
would have been bound to have gone confidetably
farther than the bare abftradt injury the Plaintiff
had fuftained : as k was, he thought it a cafe of
unwarrantable haffinefs on the part of Mr. Cator,
who ought, before he took fuch a Rep, to have
communicated with his Tenant. It was to be ex-
peCted of every fair and honourable man, if he con.
ceived hii Tenant had not a right to a particular
piece of land, to fend to him, and hear what he
bad to fay, before he took any Rep ; after which
he was at liberty to ail at his peril. In the prefent
inftance, the firil notice the Plaintiff had received
of his title being difputed, was by his gate and
pats being taken away violently. The injury it-
felf could be of no great confequence, but the da-
mages fhould certainly be fomething more than
nominal, in order to teach Bailiffs that they could
not be allowed to proceed in fo illegal a way with
impunity. The field it teemed was of fome impor-
tance to the Plaintiff, for he had no other way to
his land without committing a trefpafs. He had
forcibly been deprived of that which was necefrary
to the enjoyment of his property; and confequer.t.
ly the damages ought to be beyond the mere ex.
pence of putting up the gate again.
The Jury retired. After confulting together
upwards of three hours, they returned a verdift
for the Plaintiff.—Dastages One Hundred Pound:.
THWAITESInCOIII.—This was an action for ma.
licioufly preferring a bill of indiament againft the
plaintiff for unnatural pmitices ; and alfo for flan.
derous words, imputing to the plaintiff charges of
a fcandalous nature.
lifr.Cuawoon opened the pleadings, after which
Mr. Serjeant SHEPHERD/ in a moil eloquent ad-
drefs to the jury, Dated the particulars of the
plaintiff's lafe._He_faid, that in lulYsiall year.