Star.
London, England, 1801-11-28 00:00:00

LAY/ IN7 ELLIU&NCE.

COURT OF RING'S BENCH, NOV. 17.
M. Vipont was brought up for judgment, for
libelling the MifsEagletons, of Deal, in a frurri-
lons ballad, as mentioned in Seal of the a3d
He was fentenced to a fine of thirty marks, three
months imprifonment in the King's Bench, and to
find fureties for good behaviour for two years.
Mt. ATTORNEY CERIUM prayed for judgment
on three men of the names of Dunk, Davis, and
Kinnaird, found guilty of obaruaing the revenue
officers in Suffer. They were remanded till next
term. It appeared that there had been a body of
them, amounting nearly to a hundred, all well arm.
ed ; and the judges obferved that it was the moll
atrocious cafe that ever came before them.

Mn ATTORNEY GENERAL was proceeding to
move for leave file a criminal information againft
a Gentleman in Lincolnfhire for libelling the Corn-
miflioners of the Income Tax, when
Lord KENYON Paid, that in private matters the
Attorney General had as good a right to move for I
a criminal information as any Gentleman at the
Bar ; but in what concerned the public he was to
ufe his own difcretion, and if he judged a protect'.
Lion fit, to file an information ex ecio. He re•
membered Lord MAN El E having laid down this
exprefsly, and he was convinced there Was no pre-
cedent to the contrary.
Mr. Avroatasy GENERAL obferved, that he
thought a better opportunity would in this way be
given to afcenain the truth of the fags (worn to in
his affidavits before the information was filed ; but
snore particularly. he was in hopes that when the
Gentleman perceived that he was about to be
brought under the lath of the law he would he in-
duced to make proper fubmiftions, and that from
this cafe the public might learn that lilagifirates
would be proteAed in the esercife of *tee Tall duty.
Mr. CLAIRE moved for an information again ft
a gentleman in Lincoln of the name of Allanby.
The affidavit Rated, having refuted to at:end a
meeting of Tax Commiflioners, a penalty was im•
pofed upon him, which was levied by dill/ads, and
that nut of revenge he had fent to each of the Com-
miffioners a hempen bolter.—Rule ay; granted.
An attachment was ordered to iffue again fl
Kendal, Efq. Captain of his Majc fly's !hip the Flora,
for obffruding the procefi of the Court. The
learned Mover Rated, that a writ being taken out
againft Lieutenant Campbell, an Officer of the
Flora, it was carried down to Hampfhire to he
executed, the !hip then lying off the Ifle Cli• Wight.
The Plaintiff and a Sheriff's Officer proceeding to
the Flora in a boat, met Captain Kendal coming
afhore in his barge. They (hewed him the writ,
and Aced if he knew any thing of Lieutenant
Campbell ? He Laid he did not. d, How can you
fay that, (replied the Officer) when I fee him fit-
ting by your fide !" After tome altercation, Cap-
tain Kendal Aced them to accompany him to the
Flora, alfuring them that there all fhould be put
to sights. Upon reaching the !hip's fide, Lieu-
tenant Campbell went on board, and the party
with the writ wiffied to follow him. The tailors,
however, would not permit them, and when they
remonftrated, Captain Kendal ordered his men to
get ready a fhot, and threatened the people in
the boat if they did not immediately return, to fend
them to the bottom.
Richard Mountain, the gentleman found guilty
at the Maidßone Affizes, of ufing feditlous words
in a difpute with the Dartford mail coachman,
was again brought up for judgment purfuant to
the order of the Court.
The As-rousse GsmIRAL fAhli-••••" I have matde
inquiry retpeßing the circumftances which are
Rated in the Affidavits read on behalf of the De-
fendant, who is now Banding before your Lord-
(hips for judgment. I believe there is confiderable
reafon to be convinced of the truth of the material
circumftances Rated in dick affidavits, which were
• that the Defendant, at a period of confiderable
peril, that of the mutiny at the Nore, had rendered
confiderable Cervices as a Volunteer, in quelling
that mutiny.' I therefore with, my Lords, that
this which was a deliberate all of the Defendant's
life, may have its effeaft againft that which took
place when he was in a condition, in which he was I
not able to deliberate, but which favours of bad
habits : I with this good ail of the Defendant may
have its full effea upon this occafion. While I
fay this in favour of the Defendant, 1 fhould alto
add, that the public cannot be toe thankful to the
worthy Alderman who brought this profecution
forward, and by whore exertion it was brought to
its preterit flage. Under the cmsfideration of thefe
circumftances, pedlar. if this Defendant enters
into a recognizance, and that which he has to of-
fer, I underftand, is ample, he may be allowed to
go at large. I hope, that coupling all theta con-
fiderations, with that which the Defendant has
already fuffered, your Lordfilips will think die
purples of Juftice will have been fatisfied."
The Defendant then entered into his own re-
cognisance in pool. and two perfons of credit in
that of spot.each, fur the Defendant's appear-
ante, this day three years in Court, if called up-
on, and in the mean time to be of good behaviour.
—Dikharged•
TOR RING O. EMT.
I J. Wee. late Purfcr of the Sirius. eonvided of

defrauding Government, by forging Captains and
Mailers names to falfe Returns,was again :nought
up to receive fentence. When he was lan before
the Court, on Friday lag, he produced All Ala.
vit in mitigation of Judgment, that it was clifiont:
ary fur Porters fo to fign the Officers names, which
affidavit Lnrd KEN YON then advited to be laid be-
fore the Admiralty.
The Arroasity GENERAL faid, I fhould Rate
to your Lordfhips, that in confequence of the di.
reetion of the Court, to inquire into the circum-
fiances Rated in the Affidavit of the Defendant.
and to lay them before the Commiffioners of the
Admiralty ; they have been fo laid, my Lords,
and they have been fent down to Portf*south, and
your Lordthips will remember, that the Defen-
dant's Affidavit Rated it to be an inveterate prac-
tice in the navy, for Captains, and other Officers,
to fet their names to certificates of the fort which
is now before your Lordthips. That was the de-
fence which this Defendant has had the hardinefs
to make upon this occafion. My Lords., when this
cafe was laid before the Lords of the Admiralty,
they thought it a duty incumbent on them, for the
honour of the fervice, and the fatisfthion of the
public, to make infant inquiry into the pra&ice
which the Defendant has made the ground of his
defence before your Lordfhips accordingly they
fent down to Portfmouth, and to Plymouth, from
both which places, I believe, but, certainly from
Portfmouth, there are anfwers.—l have the anfWer
of no lets than eleven honourable Officers, Admi-
rals and Captains in the navy, and they wholly de-
ny that any fuch praitice ever obtained to their
knowledge, nor do they believe its exillence at all.
I have liAewife the Affidavits of feveral Pnrfers,
and others, to the fame effeft. The Defendant
has Rated, that Mr. Grove, and other Get-Ale:nen,
did know that he had fet down their names to the
certificate, and that they had permitted him to
fa down their names. I have alfo an ACidavit
tiating, that one of thefe very Gentlemen was pre-
fent at the trial of this Defendant, in another cafe
fimilar to this, in which he was, fome how, acquit-
ted, and that the Defendant did not venture to
afk that Gentleman that queflion.
Mr. Justice GROSE faid, he had fume recollec-
tion of that trial, which took place before him, he
believed, at Winchefter. That cattle, tome how or
other, broke down in the middle, from fome defe&

Mr. ATTORNEY GENERAL.— " Mr. Grove
proves, that the Signature of that cenikate is not
of his hand writing. 1 underßand, my Lord, that
the acquittal, at leaf, it is fo Rated to me, very
much furprifed your Lordfhip."
Mr. Jußice GROSE." I do not know how that
was—it cei tainly was an acquittal."
Lord Ken r 0.4.—" The affidavits you allude to,
Mr. ATTORNEY GENERAL, have nothing to do
ith the cafe now before the Court. From what
was Rated in the Defendant's Affidavit; I thought
it right that the Lords of the Admiralty might
know the Ratement, that they might order an In-
quiry to be made into a Praaice, which, if true,
would have refleaed on the honour of the Service,
and that they, as moft alluredly they would, fhould
endeavour to put an end to fuch praaice, if it ex-
Med : but Rill, that has nothing to do with the
cafe now before us."

Mr. ATTORNEY GENERAL." It was really
the with of the Admiralty that this flanderoes
putation fliould not reit upon the Service ; and, my
Lords, I do hope your Lordthips will think that
the perfon who 'lands before you, whohas fogrofs-
ly and impudently, in the fhape of a defence, flan.
dered the Service, which he is convieled of be-
traying hs trult in, is, in the opinion of the Court,
a fit fuhjea of an infamous punifhment."
Mr. Juilice GROSfi.—" John Clayton Weft, you
are to receive the Sentence of this Court, being
conviaed of a very great mil-demeanour, in having
obtained from his Majelly 571. is. Bd. under a
forged Certificate, direifted to the Commillioners
for viaualling his Majefty's Navy. Upon the
Report of the Cafe, it appears that the Fraud of
which you have been found guilty, was effetted by
the forgery of Captain King's hand-writing to a
Certificate ie which there are two falfe Ratements,
one bearing date the 29th of November inilead
of the a9th of December, by which the Public
were defrauded of the amount of certain fiuns of
money which would be due for thirty days allow-
ance to you as Purfer. Another in the fame Cer-
tificate, 103 are made in fact 106 days, fo is your
crime complicated, and we find it was committed
in a place of trait and confidence, that you have
violated that confidence and betrayed that trult by
forgery, by the foigery of the name of Captain
King. by which you have obtained money under
Falk pretences, charging a number of days as al.
lowancc to you of which the allowance had before
been made. There are grievous offences—no lefs
than that of defrauding your employer by the means
of forgery; and by fare pretences burthening the
State, and unneceifarily burthening the State. by
which you rob the Poor, for every man whether
rich or poor, mutt directly or indirealy contribute
to fnpport the State ; and if fuch a Cafe as your's
were not to be marked by the fentence of the Law,
it will be in vain that the Captains and Matters of
his Majefty's (hips are required, and very properly
required, to fign Certificates to denote the regula-
rity of charges which it is their duty to examine, if
by fuch proaices as yours, they may fe caddy be
forged. Such was the nature of your cafe as it ap-
ared on the part of the profeention • it was but
rat, however, that we fhould hear ;hat you had
to fay in mitigation—we have heard, and attended
to it carefully. I have attended carefully to the
Contents of your affidavit ; it is urged there, that
the trial did not come on when you were prepared
to enter properly on your defence, and that when
it did come on, you were unable, on account of
pecuniary embarraffment, to defend yourfelf : if
you had really a glimmer of hope by any defence
which you could have let up, you could have no
reafim to defpair. Goo forbid that your convic-
tion (hould have been founded on your diftrefs
but your fecond trial has totally invalidated your
action on the former. and has proved you coo- ,
pletely guilty. It has been urged by you. that the'
fa& of which you are conviaed, is the praftice of
the Officers of the Navy. that to fign vouchers, as
you have done, rf certificites of goods furnifh:d

for the nfe of the King, thus Wkly., has tallied
time immemorial. It was very difficult to believ,:
that affertion, and I am very glad his &fajta •'s
Arroans.v GENERAL has authority to contiadk-
it ; a tale meaning nothing elfe than that thue
were among the honourable Officers of the Navy
two clafres of diffioneit men, who carried on their
iniquity with cafe, fur it required only that the one
fhould commit, and the other connive at forgery
and fraud ; if it were fo, it would, in lime MCA-
fire, account for the means by which the Public
are daily robbed; and his Majefly's ATTORNEY
GENERAL may well complain that the Public are
defrauded : there is no doubt the Public are de.
frauded : the Records of a Court of Juftice'prove it.
I have feen an infiance in which a Ihip was fur-
' nilhed with Naval Stores, almoft all new, with
fpoils from his Majelly's neighbouring dock-yards ;
and in another, where (totes from the Tower were
taken at noon day, on a day which was called a
holiday, and carried to a houfe, which, when
fearched by proper Officers, was found to be full
of his Majefty's Stores, from the cellar to the gar-
ret. If former praftices be a ground of mitigation
of punifhrnent for fuch offences as there, Courts of
Juftice will fit in vain to hear complaints ; but, in
a Court of Criminal Jurifdiaion, it cannot be urged
even in mitigation, that fuch a cuftom wills, not
only is it impoffible to hear without pain, but we
cannot hear without horror, the ltatcment of a ci
minal practice to juitify a crime: however inch
piaftices might have prevailed, this Court, hr el-
emplary punifhment, is to correEt the notion that
it is therefore to be juftified, and teach thole who
want the !dim, that he who ads diffioneftly car.-
not be otherwife than criminal.

" In your Affidavit, there are (fated circum-
ftauces that plead, eloquently and powerfully, to
our mercy ; but we muff remember that extremes
border on each other, and that mercy, however
amiable in theory and engaging in the abfiraa, it
not guided by difcretion, will operate as cruelty
both to the public and to the individual. To the
public, by the effea of a greater crime ; and to the
individual, by fuffcring a greater punithment.—
There have been cafes in which thofe convicted
Mifdcmeanors had their prifon door opened to
them, and they have, afterwards, committed rob-
bery. I (peak not upon conjecture, but knowledge
of what I fay. I know of a variety of inflances in
which fuch a cafe has happened, and I am lure
fee many in which it may happen in future, r.v:
only in this Court, but other Courts of Cdminal
Jurifdiaion. That the public may be fatisfted that
no cuflom fhall fAnaion fraud, and that others
who have truft repofed in them may be taught by
your example, this Court, having confidered duly
all the circumflances of your cafe, dab order and
adjudge, that for your offence you be imprifoned
in his Majefty's Gaol of Newgate for one year ;
that during that time you do nand in and upon
the Pillory for one hour, between the hours of
twelve and two, in the open ftreet between Char-
ing-Crofs and Whitehall, oppofite to the gate of
the Admiralty."