Star.
London, England, 1813-06-14 00:00:00

NAVAL APPOINTMENTS.

Lieutenant M. Lindsay, to the rank of Commander.
Captain Warren, from the President to the Blenheim ; Crr
tains Ot way to the Ajax, F. Mason to tie President, C. Me
ward to the Herald, and W. Hest to the Vesuvius bomb.
Lieutenants 11. Crease to the Menelaus, 1. O. Osborn to rSe
Queen, J. Davies lb the Creole, Wm. Creighton to the Creole,
A. Fatishawe to the taidymion, J. Henderson to the Medal!.
Wilson to the Raileigh, Crawford to the Centurion, Tf.os.arets
(3) to the Venerab'e, Robinson to the Leda, W. Email tJt*
Achar, A. Palmer to the Chatham, Lemoyne to the Queer, Or.
mond to the Endymion, G. Yaung to the Brevdageren, and I.lct•
tenant Thomas Flinn, to the Signal station at North Shields.
hit.. T. Pottinger, 1. to Purser et the Java, to the Ildefosso.
In consequence of the appointment of Mr Tucker and Mr
Sepplngs, to be Surveyors of the Navy, ei.e following j r anr
malts have taken plate :—Mr. Nolintli, to be .6ist ASSIMEt 9
the Surveyors, in the room of Mr. Rol,crfs, Master Shipwright
at Plymouth; Mr. Parkin, from Sheerness to Chatham; li!r
Stone, from Milford to tilteerness ; and Mr. CauLam, from Pat:s•
mouth to Milford.

Rear-Admiral FERRIER is appointed to a Como
mind in the M:diterranean, in the room of Adh.iral
FRELMANTLE, who returns in the MILFORD from the
Adriatic.
The VIRAGO gun-brig sailed from Cork on the oth
instant, in quest of the True Blood Taal, Ametit'an
privateer, now cruizing in the Irish Chann:l.
A letter from Malta communicates the death J
Lieutenant EDMUND CALLAWAY, of his Majesty's s!.i,)
REGULUS, in a duel with Mr. WILLIAMS, Pursuer o:
that ship, on the morning of the 16th of April lasi.—
~Lieutenant C. was the youngest son of ROGER CAL'
I.A MAY, Esq. of Portsmouth.
The MINDEN, 74., Captain SK ENE, which sailed friA
Spithead on the 6th of August, arrived in MaJoa
Roads on the 29th of January. Acc.iunts of the De•
claration of War against England by Ain licit hJ
reached India about the middle of that moi.t?o. .I.!C
MINDEN was to receive Sir SAMUEL HOOD'S ii';.
when, Captain WEBLEY being in ill health, it WAS ei.
petted be would bring the ILLus-rtuous to E %lan/
Sir SAmytt, was at Bombay in good health.
VOLA4E, Captain LE,faz, al.o :wive,' in Nl•hirsi
Roads on the '29th January, from J ova, %hence 3
sailed on the 19:h previously. She brougai An 4:"
count of the total loss of the ship Mangalore, fio:-1.
Calcutta bound to Batavia.
The Royal William, 80 guns, which has home
flags of the successive Commanders-on-Chief tni i'vT:.
mouth so many years, groves at length so leitLy t:
she is ordered into the Harbour to he paid off. 6:
is the oldest built ship in his Majesty's ben 'oce.—. N
I
Prince, 98 guns, at Plymouth, is to he fitted out
take her station.

CORN-MARKET, MARK-LANE, JUNE 14.
..,
Although we have had but a short bupply u: I ug'ish Vr",
this morning, yet the arrival of nearly 5u,",0,) 64. arter. of 1 oi .1,;
in the course 01 List week, occa-iorod a Israv ~.le Att.,:
this day, at a reduction of lull t.s. prr quid! tri.--84',/ ^v.
twins its price, having but hair at hlarkrt. AI Al' '"S'
- ^.. per quarter dearer.—Oats advanctd front I-. to =-. 1"" '1 "; a
Friday, but there was no aniendment is vice du. d.,)
sells freely, and are Ys. per tralici 4.:arcf,--111 Lac> 1.c:"
other Articles Articles at alteration.

1;4 IP IMILLIdENCP.

rrIVID '' OP k 'IF-Nett, JUNE ii.
liduclovs PEI:ICC/VON IND IMTMO.VMIINI%
LLOYD 1.). DIMING AND artivms.

This action was brought to recover compensation
in damages for false imprisonment, and a series of
malicious and unjustifiable proceedings.
Mr. Anotenos having opened the case by stating
the pleadings,
Mr. Pants addressed the Jul. 'the plaintiff was
the mother and guardian of the Oil. who had been
srevant to Mr. Dering, one of the defendants§ and the
ill treatment of whom by Mr. Ds his wile, and a
black man-servant, called Perstu, was the sehject of
the present action. The girl being under age, she of,
teurse could not bring the action. The defendant,
Mr. D., was a gentleman of fortune, residing in Upper
Berkeley-street. The young woman in qtiostion had
unlortuna'ely, for a misfortune he must call it, gone
to live with the family as lady's maid, and on the
tionsekeeper leaving her situation, she was induced to
take that situation also. The family had made pre-
parations to leave town for Bath. Previously toobeir
going, however, Mrs. D. made 'charges against Lloyd,
that she had been purloining property entrusted to her
care. Sh. was then, at eleven o'clock at night, on
the 28th of September, forcibl v confined in the house-
keeper's room, tinder the care of the black servant
Venus, where she was kept for more than two days,
without even being suffered to go to bed, or to take
regular sustenance ; indeed, so close was the confine-
ment, that she teas not suffered to leave her prison on
any pretext whatever, nor to have any communica-
tion with. her friends. The street-door etas locked,
Sind the master carried the key. Amongst other
things, the mistress charged her with stealing a table-
cloth and picking out the mark ; but it turned out
that the cloth was not in an unusual place, and that
it had never been marked. She then charged her
teith stealing six gowns ; but the disposal of these was
satisfactorily accounted for. Lloyd was then charged
by her mistress with stealing a pair of stockings ; hut
these proved to be two odd ones, and more than that,
the girl's own property. So frivolous were the
charges, and so momentarily were they disposed ef,
cveh to the mistress's own satisfaction 1 But the
mistress still persisted that the girl had been guilty of
them and succeeded at list in forcing the girl to cot:-
less herself guilty ; and she was compelled to give a
promissory note for the payment of the carte of
thities said to be lost. At last, bowevei • the girl was
taken before a Magistrate (Mr. Baker, of Mio-lbo-
r ,ugh•street), but site was immediately dischwised
after a lecture from the Magistrate, he deeming the
girl very fortunate in falling into such merciful hands.
fitter the present action WAS commenced, which was
jiegun early in the present year, Dering indicted the
gill at the Old Bailey for felony ; but she was most
tnnourably acquitted, with the Lull and complete ape
prohatioirof the presiding Judge, NO CIIIEF BARON.
But these Fin tiCUIRYS were more sully detailed in the
evidence.

.Geotje Wright was examined. He had been a con-
srame. On ti e 29 h of September last he was sent
for to Mt. who lived at No. 21, I.7prer
Berkeley-street. He went, and to let him in the outer
door was obligid to he unlocked. He waitednxlii;e
Ilr. D. was dressed. On seeing witness, Mr. D.
said, holding the pencil case in his hand, a I have
been robbed of a gold pencil-case .it is Mrs. D.'s—it
has her name on it! I have also been robbed of a
table-cloth. Lloyd a girl servant has robbed me, and
I fear she has some bad connections. You must get
me some search-warrants for the girl and all her
friends !" Witness then told Mr. D. that he must
state what be had lost, and swear to the statement, as
warrints were required not only against the girl, but
against a young man who kept her company, her nio-1
Vier, and her grand-mother. Mr. D. said he must
have the search-warrants, for he supposed lie might
int! something. Witness replied, " But if you are,
not sure you have lost something, you can hardly
think of destroying the characters of three families
upon mere supposition." Mr. D. said, he would
have the warrants if they could be obtained ; but on
application witness believed they were refused. After
this Mr. and Mts. 1). spoke a good deal of French to-;
gether, and witness fortunately not knowing any other
language than his own, did not ttnderstand their
it:tichijeJ talk. Mrs. D. then said, " Good Con !
I have lost two nattily!" But screech was made, and
nothing was found to be improperly in the possession
of Linyd. All the articles in the housekeeper's list
vere found in their proper places. When the witness
et to Mr. D. he asked where Lloyd was, and was
answered, " Oh ! she is safe enough—she is down
itairs, in the custody of the black fellow." She was
in the custody of Venus, the black man, all the time
'.vituess was in the house, which was many hours.—
Rho was then taken to the Magistrate, and discharged,
but when they ieturned home, the mistress imme-
diately came running to them, exclaiming (holding
up some threels) " See how I have been rubbed—all
e work is to do over again—l will prosecute you,l
Isar wretch !" addressing Lloyd. Lloyd was much
agitated. 'Phe mistress then said to her," Con fess, and
I will forgive yon."—" What can I confess ?" asked
I.lnyd,—" I have been guilty of nothing." Miss D.
then held up two stockings saying, " See, you have
nilabed me of my stockings, you wretch." " Will
70u say that," added Lloyd. " Yes, I do ; I will
be nn my oath of it," answered the mistress.— Lloyd
then took hold of the stockings, and said, " Why L
these are two odd stockings ; besides they are mine,
and not yours :" and she immediately called some
Person present, who proved that they were really
Ll`Vd's •iwn stockings ! Mrs. D. then acknowledged
that she had been mistaken.
fire. Piet e•as then examined. On the 29th of Sep.
teeter last, Mrs. D. came to her house accompanied
by a maid servant, in a hackney coach, Mr. 1). on
horseback, and a police officer, on foot. Such a num-
ber of persons coming to her house in such a manner,
c(ilected a crowd about her door; and she then asked
them to walk in. Mrs. D. asked many mysterious
questions about Broxham, the young man who kept
company with Lloyd, and who had been an appren-
l'et In witness's husband. She then talked a good
deal id French to her husband. Having obtained
direction, the whole of them went away.
in the evening, witness went to see Lloyd, but they
would not permit her to see the plaintiff, for the ser-
s-iiits said Lloyd was confined, and they had posi-
tive orders not to let any one see her. Mrs. 1).
then commenced charges similar to what ale bad

Made in the *presefieb tit the eunitablei *Melt weed
satisfactorily divrotied. LlOyd was krouths up
' stairs, anti the mistres2 still cOlitinned !Is call on
her to confess and she Slid wisai was she to confess
Aritness teplied, .6 Oh ! Cordes's any thing ; do but
let us get yob out of this trouble." And the mis-
tress said, she wished her to eaten herself guilty
before all the servants. In the rtestuce of all the
servants she accordingly confeoed herself guilty.
The mistress then said, 41 forgive the servants."
t do," answered Lloyd, Mid may God forgive
them
.and you ! Will that satisfy you I" After the
discharge before the Magistrate; she then brought
up the story already repeated of the six gowns, and
said to witness, You (tan% know Lloyd—you
are much deceived in her--she *lust have cut up my
sik gowns for her little one!" Witness said, she did
not understand Mrs. D. ; that she had known Lloyd
for many years ; and that she knew Lloyd never
had any I. little one I" But the mistress was soon
satisfied that there was do foundation for this
any more than there were for other stories ; and
she desired that the matter might be dropped. But
Lloyd still continued confined in the house. Wit-
ness then gave the promissory note for things said to
be lost.

13rOxam, the young man, WAS next called. The
whole cavalcade before described went to his apart-
ments, and examined his trunks, and the trunk of
a friend of his; but nothing was found belonging
either to Lloyd or Mrs. 1). Mrs. D. said, that
Lloyd had robbed her of a " decanter of jewels."
The mistress also kindly told him, that he too was
deceived, that Lloyd kept company with many other
men.

Esther Prvum bad been refused admittance to
Lloyd ; and Mrs. D. repeated various charges of
robbery to lier.
Charlri Roche who had been servant to Mr. D.
proved that Lloyd was confined in the sore-room,
under the care of Venns, the black, from the 38th
of Septemb.r to ten o'clock in the evening of the
30th ; that she did not go to bed ; that nothing was
carried to her to cat ; that the master gave strict
orders that she should not be permitted to leave her
place of confinement on any pretence whatever ; and
that Mr. D. locked the sweet door, and kept the key
himself.
The ATTORNEY-CE':Ell/a for the defendants,
thought the case was somewhat too high coloured,
but admitted that the plaintiff had so made out her
case, that lie should decline calling any witness; and
he also admitted, that for such sufferings she was en-
titled to liberal damages, but he hoped the Jury would
not gi ec extravagant damages.
Lord EI.I.F:KiI'iItOLGIf summed up, and said, that'
the plaintiff had certainly been most harshly treated.'
The Jury retired for about half an hour, and re-
turned fur the plaintiff—damages YOUR 111UNDIAXD
NVI.

The Court was crowded, this trial having excited
very great interest ; and the verdict seemed to give
un.versal satisfaction, for there was a but of appro-
..bation the instant it was returned.

I JUNE 142.--rUIVATE HAIMIOUSE.S.-BUTM v. FOULKS.
The ATroeslev-GENett AL, in opening this case,
. declared it to be, according to his idea of it, probably
the most important which had come before a Court
since he bad been connected with the practice of the
law. In consequence of certain unworthy practices
j which were known to prevail in houses in which lu-
natics were confined, the interference of the Legisla.
ture had been deemed necessary ; and in the 14th
year of his present Majesty's reign an Act of Pat Ha.
ment was liaised, imposing certain regulations as to
all houses of this description, and declaring that no
! person should be entitled to keep any house for the
custody or confinement of persons in this unfortunate
situation, except under certain guards specified in
that Act of Parliament. The present case, however,
afforded a proof that the provisions of that Act of
Parliament could be eluded ; but he trusted the ver•
diet of to-day would spew that they should not be
eluded with impunity. By the Act of Parliament in
question, all houses and places for the reception, cus-
tody, or confinement of lunatics were required to be
licensed by the Royal College of Physicians; were
to be subject to the visitotial inspection and exami.
nation of a number of Commissioners, delegated by
that body from among their own number, to examine
into the state and mode of treatment followed in all
such receptacles t and, in ureter to provide against
the keeping of any sus i house, which by not being
licensed should not be subject to the visitorial cog-
nizance of that learned and respectable body, a
clause was introduced, declaring, that any person or
persons who should harbour, conceal, or confine, in
any house or place kept for the reception of lunatics,
more than one person at a time, such person not be-
ing duly licensed, should incur a penalty, for such
offence, to the amount of £5OO, to be recovered in
an action to be brought by the President in the name
of the Treasurer of the Royal College of Physicians.
To recover this penalty from the defendant, Mary
Foulks, who kept a house for time reception of female
lunatics at Ivy-lane, Hoxton, in the parish of St.
Leonard's, Shoteditch, in the county of hfiddlesex,
was the present action brought. The Jury would
observe, it was not one of those mean, selfish, and
dastardly actions brought by an interested common
informer. The plaintiff was Dr. Budd, the Treasurer
to the Royal College of Physicians. To that learned
and highly respectable body the Legislature had en-
trusted the public protection in this most important
point; and they felt that they would indeed be want-
ing in duty to the public and to their own character,
did they suffer a case like the present to pass unno-
ticed. In vain would be the enactments of the Le-
gislature, in providing that all houses of this descrip,
rion must be licensed ; in vain would be the care of
his Lordship, sitting in die Court of King's Bench,
and issuing Writs of Habeas Corpora, where persons
confined from this afflicting malady were supposed
to have attaiged to a state of convalescence ; in vain
would be thivisitorial labours of the College of Phy-
sicians to those abodes of human misery, which from
being licensed could partake of the benefits of their
skill, experience,and humanity, if houses of the descrip.
Lion of that kept by this defendant were tolerated.
He grieved to tell the Jury that he feared there were,
in the environs of the metropolis, at this moment,
many houses of this description; and who could ven-
ture to say, that being the case, that there might not
be there confined persons who enjoyed the full use of
their reason, or who bad been deprived of the enjoy-,
ment of that invaluable blessing by the treatment they

had there eipertenced ? to the tetenlant's house he
shotild he able to she* that there had seldom bee:,
fewer than three or four finforittnate L 'dies cnnfine.l
at one time—not treated in the manner in *hie' en-
fortunate persons are in those (some of them splen-
did) establishments which are publicly opened for the
reception of persons visited by that malady, but so
treated as to prevent approaching convalescence, and
the consequent restoration to their friends. He should
prove that three imfortuna:e females were in this,
house, chained to a table, in strait waistcoats, with
their arms so pinioned down as to prevent them even
from wiping their mouths. So long as such houses
as that kept by the Defendant were suffered to exist,
there was no safety for any one, but an trefarttmate
female might there be easily disposed nf, without any
questions being asked. The osly feeling which the
present action would excite, he trusted, would be a
sentiment of public gratitude, to this highly r •spec.
table body by whom the action had been brought, ifl
by means of it the law could be restored to its due
energy.
Mr. ROBERTS, Solicitor to the Royal College of
Physicians, produced a copy of the act for regulating
Mad-houses: also the Book of Annals of the College;
containing an entry of the appointment of Dr. Budd
to be their Treasurer, such entry being in the hand-
writing of Dr. Harvey, their Registrar.
Dr. Powau., Secretary to the Commissioners for
regulating mad-houses, elected under the Act of Par-
liament, produced the Bunk of Licences kept by the
College for the entry of houses of this description,
which contained no entry of any house in the name
of Mary Foniks, he having carefully examined the
book with the view of ascertaining that fact.
Mr. Roamers was again called, and proved that,'
in consequence of information he had received, he,
on the 21111 February last, went to the Defendant's
house in Ivy-lane, Hoxton. He asked for Mary
Foulke, when khe defendant said, she.was the person.
He said, he believed she was in the habit of receiving
into her house lunatic ladies. She answered that she
was. The witness asked her if she had, at present,
room for a lady of that description ; she answered
that she had not; she could accommodate Only three,
as she had only herself and maid to look after them.
He asked if she was likely to have a vacancy soon ?
to which she answered, that she thought she should.
On the 2.1 of March the witness called upon the De-
fendant again. She recollected him, and said she
had not yet a vacancy. The witness then asked her
how she came to keep a house of this sort without a
licence, and asked if she was not acquainted with the
Act of Parliament in that respect? She seemed much
confused, and said she could not afford to pay for a
licence. [The witness here explained to the Court
that a li:ance for a house in which we; e to be kere,
any number of persons, not exceeding ten, cost only
£lo]. He then told the Defendant she had incurred
a penalty of £5OO, and gave her a copy of the pro-
cess. She said she was not worth £3OO in the world,
and that she should be ruined. The witness gave
her the names of the President and Governors of the
College, and told her she might apply to them on
the subject. He asked her if Mr. Dunstan, who is
Master of St. Luke's, did not keep the house She
said no; he was her landlord, and recommended her
to patients, but had nothing to do with the manage-
ment or profits of the house. lie asked her if any
Medical Gentleman attended the house? She aa-
swered, No; her patients were nit ill enough to re-
quire medical assistance.
Cross.examined by Mr. MARRYATT.—The &fen-
' dant did not say that the persons in her house were
not insane, she said they were not ill enough to re-
quire medical assistance—she certainly did not say
that the persons whom she received into her house
were only of a melancholy tern. The first question
he put to her, and to which he received an answer in
the affirmative was, whether she did not receive lu-
natic ladies into her house ?

Sarah Smithery said she was in the habit of attend-
ing ladies who were out of their mind, at their own
houses. She first became acquainted with Mary
Foulks on the 16th November, 1811. Mr. Dunstan
sent for the witness on that day, to meet him at No.
3, Ivy-lane, Hoxton, which she found to be the house
of the defendant. The witness slept there that night,
and Mr. Dunstan came there the following day,
which was a Sunday. He engaged the witness to
take from thence a lady, whom the defend oat and he
represented had been six months confined there. Be-
fore the witness took her away, there were four luna-
tic ladies confined there. They seemed to be lunatics,‘
they were treated as such. There were some of them t
without locks, and some of them with locks. First I
they had double strait waistcoats, not of the commhn
kind, but which confined their arms; then there s.as
a lock across the two wrists, and a similar lock at
night confined their legs. This was the way in which
the Lady, whom the witness was Co take to the coun-
try, was confined when the witness first s iw her. The
witness took her to the country, and attended her for
forty-two weeks—she then wtnt hack to the Defen-
dant's house at Hoxton, leaving the Lady behind
her, she being then so well that she could do without
the witness, and could be safely left to the care of the
village people with whom she lived. Being asked
how lately she had been at the Defendant's before the
information reached the College of Physicians ? the
witness said she had been there on the 30th of Sept
:ember last—there were then five Ladies in the De-
fendant's house.
Being asked how they were treated, that it might
be found whether they were lunatics ? -
Mr. Mannvarr, for the Defendant, objected. that
the declaration in this action was of Easter Term,
and that the 80th of September, the period alluded
to, was beyond the six months, within which period,
by the Act of Parliament, the action must be brought.
The ATTORNEY GENERAL said, he should be able
tO shew it was within the time, and his Learned
Friend would have seen so, had he attended to the
evidence-given by Mr. Roberts.
Lord ELLENBOROCCII thought the evidence rele-
vant, as going to shew the state of the house at that
time, which might be continued down, by other evi-
dence, to within the six months.
The witness said, there were then five Ladies in the
Defendant's house, exclusive of the Lady the witness
had left in the country. She could not say much as
to the way in which they were treated. She has seen
them sometimes with, and sometimes without strait
waistcoats--they were all treated as lunatics. The
Ltdy whom the witness took to the country, when

she first sae► her, was steered by a double
waistcoat, her wrists wettlockeJ, and she was
tened to a double chair which she entail tint

Being asked how the others were secured ?
Lord ELLiNnottotiou said, they weld of
secured in the way that was thts tight necessary
such cases,

The ATTIRSZY-GIVIERAt said, his ntiect was
s'.iew•, that they were treateJ watts a degree or
strait that was not necessary.

Lord Et.tattnoninon said, if these wts any
of that kind, LI it be made the suitiect of a s!
action. All they had now to c was, -
the penalty here sued for had or h t I not been hu
red, in considering which, their jttigments were
to be inflamed by enteting iuto circumstances of
extrinsic Nature.

The Witness then stated, that she had seen
Defendant since the 510th September, when six ,
five Ladies living in her house, but she had made
minute of the date. On inquiry since, she
they were 113 W removed from the house in gill
Mr. Ronents put in the Writ on which the
sent action proceeded, which appeared to hive
on the Ist March last.

Lord ELLINSMOUGif-o That brings k within
sir months."

Mr. MeaRTATT then took technical objections
the evidence adduced in proof of Dr. Budd
Treasurer, and Sir .F. Milman being Psesident nf
Royal College of Physicians, but the evidence
was at length deemed satisfactory.
Mr. MARRYATT then submitted, that however
per it was in the College of Physicians to I
brought the present action, thereby warning
public in general of the illegality of such houses as
that which had been described, still the question
mained, was the person here sued the one from wit(
the penalty ought to be exacted, or ought it not
they to be enforced in the present instance from Mr.
Dunstan, who, these could be no doubt from the
evidence of Smithers, was the person really keeping
the house in which these women were confined, and
also deriving the profit thence arising. The Managee
and Keeper, and not the Servant, as the Defendant
here appeared to be, he submitted, was the party
from whom the penalty ought to be exacted.

Lord ELLINSOROUOII said, the words were erpresa
—harbouring, concealing, or confining, " in any
house or place," to whomsoever the house belonged,
the person who so harbours, conceals, or confines in
any such house or place, snore than one lunatic at a
time, is by the Act of Parliament liable in the pe-
nalty. The Defendant here was the person who did
the act;—though she had nothing to do with) the
house, or had no interest in it, still she was
If the words had been harboutiag, concealiog, Itc.
in " his or their house," then the words would have
been material. But here the penalty cle trly applied
to the person guilty of the harbouring, conceaVngi,
or confining in any house or place. His Lordship,
however, did not say that the owner or keeper of the
house would not also be liable.
The ATTORNEY-CUSIMAL wished the defendant
would give the plaintiff a case against the person
whom her Counsel stated to be the principal in the
business.

Lord ELLENBOTtOUGH,, addressing tile Jury, ohms..
ved upon the high importance of the Act of PALI.
ment in question, by which the Legislature sought to
save the inhabitants of this country Item the possible
lity of falling into dungeons of oppression more grit.
vous than couli well be conceived, and from which
they could be protected only by its being known wheys
such receptacles were to be found, so that they might
be visited, and the mode in which they were cnnduc.
ted might be accurately inquired into and investiga-
ted. The Act of Parliament had said what the pe..
flaky for a contravention of the law was ; in bringing
the present action, the plaintiff had only discharged
his absolute and incumbent duty ; and it was for his
Lordship and the Jury only to give effect to the law
as they found it.
One of the jury asked, if they had a power to mid. •
gate the penalty
Lord ELLENBOROUGU said, Ito. The Legislature
had said what the penalty should be: it we; for the-
Jury only to say if that penalty had been incurred.
If the penalty in this case were not severe, the Act
would be entirely inoperative. It was meant by this .
penalty to deter persons from the commission of acts
by wi.ich the lives and happiness of numbers might
be endangered. The Jury were to judge only of the
dry matter of fact. The Judge and Jury were merely
the organs of the law.
The Jury immediately found for the plaintiff—.
Damages £5OO.

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