Star.
London, England, 1801-07-23 00:00:00

~"_.

LAW INTELLIGENL'!:.
.tOUXT OF KING*. BENCH, JCNE 3.
'XING V. THEAUSSON.

This indiamept anti the following aPion for a
malicious pi ofccution brought by Mr. Tilelluiitn
aging Mr. Coppinger, the Prolectitor in this in-
diament, took up the greatcit putt of the. day.
This cafe was fhoriy and limply this :
The Profecutor, Richard Coppinger, charged
Mr. G. W. Thelluffon with petjary in two athsla-
Tits which he made with refpea to a fhip called The
Gm4rdi tn. It appeared, that in the year 1794, the
Profecutor was proprietor of feven.eights of that
fhip, and that his brother, William Coppinger, was
proprietor of the other one-eighth ; that he made
the Metfrs. Thelluffons his agents, who continued
in that fituation from 1794 to June 1796, with the
interval of a very thort time, when a Mr. Throg-
rnorton was his agent. Richard Coppinger ap-
plied to Metfrs. Thellu(fons for the loan of 17571.
which he had, and aligned to them as a collateral
fecurity for the re-payment of that Money, the (hip
Guardian. The date of that fccurity was the r 6th
of June, 1796. The money was to be repaid on
the tfith of September, in the fame year. It never
was repaid; however ; and on the t ith of April,
1197, Mr. George Woodford Thellnffon, the De.
fendant, in order to fccure his title to this (hip, after
taking the bet* legal advice, 'went to the Cullom-
houfe, and, in order to obtain a certificate, took
an oath that he was the tole owner of the fbip
Guardian, and that Mr. Richard Coppinger was
indebted to him in the fum of zoool. The Profe-
cutor by his own evidence, as well as that of other
wit neffes, endeavoured to (hew that he had been
twice charged for infurance, and certain other ar-
ticles, by the Defendant ; and that on the 17th of
April, 1797,, he neither owed him aocaol. nor any
other futn,of money ; and that confequently Mr.
'rhelluffon could not be the tole owner of that (hip,
which he contended was his property, and that of
his brother. I-fe completely failed in hisattempt to
make out every part of the cafe. He Hated, among
other things, that he had preferred both bills of
indiament againit the Defendant by the advice
and direaion of his Counfel, Mr. Serjeant Bc ST,
and with the approbation of Mr. KNAPP and Mr.
XplowLys. Mr. Serjeant Bssr and Mr. itunpe
were examined, and negatived every thing that
the Profecutor fwore, as to that part of the cafe.
Bo far fromadviting him to proceed with any in-
diament, they diffulded him from it, and advifed
him to bring an aetion at law.
After the deed of aflignment was read, Lord
Keerort obferved, 4, that he had attended to the
terms of the protifn. In the cafe of chattle-inte.
:vas, the provifo of redemption was often, when
accurately drawn, that on the re-payment of the
principal and ince-ref*, the deed fhould be void, and
then the eßate re-vetted. But in real property, it
did not re-yea on the re-payment of the money
withont a re-conveyance. But though that was
the cafe in chattle-interefts,it was not the cafe here,
becaufe it was exprefsly Rated in the provifo, that
the patty fliould re-affign, and till that was done,
the real intereß continued veiled in the Mortgagee.
This, his Lordihip Paid, was fo cleaj and perfealy
underftood, that no doubt could poffibly be enter-
tained concerning it." It was clear, therefore, that
the Defendant was tole owner of that !hip.
This, therefore; cut down the principal affign•
relent of perjury. And as the Protecutor could not
alter by evidence the fum fworn to by the Defen-
dant to have been due to him, the Jury found Mr.
Thellufon Net Gadty. .

• TRIALUSSON, EKON COEPINGER,
Mr. SCARLET opened the pleadingse;from which
it appeared, that this was an aftion fora Malicious
profecution agaian the Defendant. •
Mr. ATTOMN ST GENERAL Paid, heroic to addrefs
the jury in a caufe as important to the hoMur- and
[Relation Of a Britifh merchant, as perhaps ever
mane before a Britifh Jury. This cafe came before
them to enabling not merely that this Gentleman
was innocent of the crime of perjury, of which he
had been legally exonerated, but alto to thew that
this perfon who had been dealing about his charges
of perjury with fo much carelelfnefs, was one of
the molt tinning fouls living in the very crime
which he had imputed to another. It was mon
confonant to all their experience, that thole who
were moil ready to impute crimes that were moll
abhorrent to the nature of man, had been often
found to be guilty of them themfelves. And for
this very reafon, that there imputations grew in
the rank foil of thole minds who were moil capa-
ble of committing them. He faid, his ears were
(kill vibrating with the perjury committed by that
Defendant, in endeavouring to prevent the juttice
of the country. After thefe, and other preliminary
obfervations, Mr. ATTORNEr Gs s te At. proceeded
to Rate all the cireumitances of this cafe. He ob-
ferved, in particular, that on the )Bth of Septem-
ber, 1796, when the fhip was redeemable, there
was 20001. a,attally owing ; fo that the !hip was
then clearly Mr. Thelltnfon's property in point of
law, with the condition that it fhould be re-affign-
able on the payment of that money. This thin
was alfo his property in equity and confeience, till
that film which it fecured was repaid. The Plain-
tiff, therefore, was prrprietor of the fhip both itt
law and Cuff. After this tranfliaion took place, no
complaint was made by Coppinger till two or three
vearsafterwards, in coniequence of fome difference
between Mr. Thelliiffon and hint.
The A TTCANIF 1r GAN ARAI. Ikate.l feveral threat-
ening lett, ri for extortin”: money that were written
by o.ppingerato Mr. Thellinfon before any india-
snent was preferred. The language of the 6:1
Tv.ts bestowed from that of the turfon who affum-
e 1 the name of Felton, and who wrote threatening
Vtters to a Lite Duke of Marlborough; for the por-
pore or extortioc.t more”. '1 his fellow he faid could
not write a malici,ms 1-:tter withont a precedent,
es sir, were I perimally your-enemy, I thould
the advice of my C.. “tiild," At-. This ua•the
langiri7e relt•in to the Duke of Marlhorongh.
Mr. Th‹liorsu anfv.er,3 the iirit of there letteis,
and told him he might ind'ft him or toe hint Al
he pleated, but at• all create to pay him his but-

lance. The jar) in afreffitig the damages would not'
take into confitleration Ole Defendant's poverty.
As he had no mercy on Mr. Thellutfon, if he had
not money hunt in torpors.
Mr. Erawatin OGLE, Mr. Serjeant BEST, Mr.
malty, Mr. SWAIN, &c. proved the opening of
Mr. ATTORNEY GENERA-.; afterwhich, Mr. Cop-
pinl,,er, who had crofs•examined the witneflee,
made a fpcech near two hours in length, in which
he ]till contended that the Plaintiff had been guilty
of impcfition, fraud, and perjury, and that he
wo tl.l re ve it.
The only witnefs he called was Mr. Peter Ifaac
Thelliiffon, who proved that at this prefent time
Coppinger was indebted to their houfe in the fum
of 30001.
The ATTORNEY GENERAL, in reply, among
others things laid, they had been witneffes for two
hours of the moll confumrnate impudence and moll
abandoned profligacy. This perfon had molt
grofsly abufed the lenity of thofe Gentlemen, and
had bandied about every part of the town this
charge of perjury. He therefore called upon the
Jury by every eonfideration of duty which they
owed to themfelves and to fociety, to -give the
Plaintiff molt exemplary damages.
Lord KENYON in fummiug up to the Jury
among other things obferved, that this was an ac-
tion brought for a malicious profecution, and in
ca''es of tliinature, Courts of
_Wilke did not lillen
with the fame readinefs as in fome other cafes,
but ex, lored their way with a great deal of circum-
fpeetion, becaufe when offences were committed,
and when thofe who profecuted did fit bane
Courts of Juftice were anxious that they might not
be deterred by the apprehenlion of fuch aCtiona.—
Although therefore the profecution had failed, yet
if there was a reafonable and probable canfe for
the inilitution of it, he fliould advife the Jury to
find a verdict fair the Defendant. But notwith•
(landing the anxiety with which he had attended
to every part of this cafe, he could nM conceive
how there was any reafonable or probable caufe
fo; indicting this Gentleman. The Defendant had
only called- one withers, and he had proved that
^down from the important date of the 16th of June,
1786, when the chip was affigned as a fecurity,
there was no period at which the Defendant had
not been indebted to the houfe ofThellulfon aoool.
and at prefent that he owed them. 30001. There
not only feemed therefore to be no probable caufe,
but the Defendant 'appeared to have proceeded
moll malicioufly, for after he was adviled by his
Counfel not to proceed—and his Lordfhip laid,
he did not know where he could have gone for
better advice, when he confulered the charaaer
and abilitiesof Mr. Serjeant Busy and Mr. KNAPP,
he went on with the profecution. His Lord.
(hip laid, h e oould not help adverting to the letters
that he wrote to Mr. Thelluffon. Here was a per-
on, great in the commercial world, who would
find a great deal of reluEtance to have even his
name made ufe of in a criminal proceeding. Said
his Lordfhip, where a great deal of dirt is thrown,
happy is the man who (hall be acquitted by every
human being. Somebody might fuppofe he was
acquitted improperly, and a perfim in his lunation
would feel a great deal of reluaance to fuffet him.
felf to be brought into a Court of Jufiice. -The
queflion was reduced to the prang* of damages.
And certainly this cafe did call for large damages.
He thought Mr. Thelluffon having his charaaer
thus invaded, had a right to call for large damages.
And for esample's fake, for their own fecurity,
and for the prefervation of the police and good go-
vernment of the country, they ought to mark this
cafe with conficlerable damages ; not to (hew their
indignation, for that perhaps was not a proper
word to addrefs to Juries, but their fenfe of the
injury committed.
The Ju: y withdrew for a tbort time, and then
found for Plaintiff—Darra:a scoot.

higheft enjoyment is yielded to the rational
and elegant mind by the ftrongly interetling fcenes
with their great and appropriate fplendor, of the
Fire King or Albert and Rofarse.—The added Pan-
tomime of The Brig is Eno makes the routine
of the evening's entertainment at the Royal Circus,
St.Gcorge's Fields, thoroughly complete. We find,
however, that this is the left week but one of the
prefent performances, and a new fplendid Comic
Pantoatime,whleh has been a long time in rehear-
fal, will be fpeedily produced.
The incomparable bianties now exhibited to
public view at PIDCOCKif Grand Menagerie, Exe-
ter Change, invite the curious of,every defcription,
and all advertifement, five for the information of
perfons of dillinetion newly arrived in torn froth.
the remoter parts of the United Kingdoms, are to:
tally unneceffary ; the Grand Menagerie at Exe-
ter Change, under the judicious management of Mr.
Pt rococ IS, having become the moll Linable lounge
in this vail metropolis. •
Between one and two o'clock on Tuefelay morn.
ing,'a fire broke out at a hoe& in Judd's Place,
Somer's Town; it began in the lower part of the
houfe, and before affiflance cupid he procured, the
whole infidc was entirely confumed-.

One night laa week, the premifes belonging to
Farmer Moore, in the parifh of Melklham, were
let on fire (it is luppokii by fame incendiary),
which defiroyed the barn, liable, and out-houle ;
alfo two fat calves, all their poultry, waggons,
carts, &c. &c. The fire broke out when all the fa.

may were in bed • fortunately ene of the farmer's
funs 'As awakened by the great light and burning
of an elm tree near his room window, which fo af-
frighted him, that he aria! out in the Kreateft con-
fternation—father, motlidvrthe world is at an end
About three o'cloek,Ttiefdiy afternoon, a blind
bode, which had jug been releafed from a chaife-
cart, near the end of Acorn-Alley, in Nortomfal-
gate, took fright, and having been irritated by
perti,ns attempting to /top him, appeared in an ac-
tual nate of madnel.. Is attempting to crof. the
ftreet, he ran againft a coach, by which he was
thrown on his back; hut loon recovering, with
renewed violence, dallied his head throu,lll the
wits&w of \Vootton's wine-vaults • and having
knocked down feveral women and children, was at
lust 10rtunatcly fecured.

BIRTHS.
On tht i!th inaant, at the Family feat of Hornby Cattle,
Voilahire, the I)tichefs of Lee,:la, of a daughter.
On the 19th MR:int, the Right Honourable ladv Elizabeth
Halliday, Lady of Captain Halliday, of Berkeley-lquare, of a
daughter.
On Sunday morning, the Lady of Dr. Crichton, of Clifford-
then, of a daughter.
On the It th iiitt Mrsf Shaw, of Guildford-plare, of a fon.
I'o:C."3y, the I.ady of Mr. J. C. Stocqueler, of Abehurch-
lane, of a Inn.