Star.
London, England, 1828-05-31 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH. OssumeAsr, Max 10.
nod Sittings at Nisi Prins, in -Latrine, after, *Mt Pints
before Lord TINTM11:11 and Compton •
iHRNEY V. JONES, ESQ. • '.•
This was an action against the Marshal of the King's ,
Bench prison, for an escape. It appeared that a per-
son, named George Price, had in November last been
committed to the custody of the Marshal, in execution,
on a judgment obtained against him at die suit 'of the
plaintiff, for 2291. On the 4th of December last Price
was seen at a house in Queen's•aow, Walworth, which
is out of the rules of the King's Bench. There was no
evidence beyond the entry nn the judgment roll, to
show the commitmen: of Ptice to the Marshal's cm- '
tody, and Sir JAMES SCARLETT and Mr. CAMPBELL,
for the defendant, submitted that that was not sufficient
to support the allegation in the declaration that grice
was in the custody of the Marshal.
Lord TENTERDEN overruled the objection, but gave
the defendant leave to move to enter a nonsuit.

The Jury, under bis Lordship's ditoctioas, found for,
the plaintiff'—Damages, 2291.
CARIAGA V. PRENDERGRASS.
This was an action by a merchant at the Havannah
against an underwriter at Lloyd's. Coffee-bouse, so re-
cover the sum of 1001., being:the inhount of sub-
scription to a policy of -insurance eff.tcted on a'v6sel,
called the John and Ann, on a voyage horn London to
the flavannah.

Sir JAMES SCARLET? stated the plaintiff's case. It
appeared that in the year 1824, the plaintiff; by his
agents in London, purchased and shipped on board the
John and Ann twenty-five packages of merchandize, of
the •alts of 1,9681., and caused an insurance to be ef-
fected on them to the amount of 2,2001. The defend-
ant subscribed the policy for 1001.
The boatswain of the John and Ann stated, that the
•essel sailed on her voyage from. London in October,
1824, with a general cargo for the Havannah. Owing
to heavy gales from the westward, she was obliged to
put back to DungenAs. After remaining there two
days, she again set sail for Havanna!) ; but when she
came within 30 miles of the port it Havannah, she was
boarded by a schooner called the Clara, hoiiting Co- •
lombian colours. The Captain and the crew (most of
whom were black men) took away seven of the crew"of
the John and Ann, and put them on board the Clara,
and then sent the John and Ann in charge of two prize
masters and nine of the crew selected from the Clara.
The men were taktn to Carthagena, where they' re.
mained six weeks, and then the goods on &null •• the
John and Ana were seized by the crew of the Clara,
The Captain of the John and Ann was drowned, Rad
the goods were never res ored.

There was no de ence, and the Jury found for the
plaintiff—Damages 1001.
SECONDARIES' OFFICE, MAY SO. '
SLANDER.—PELHAAt V. GAITSKILL,
Mr.W.F. CHA NNEL opened the pleadings in this case,
in which the defendant, having allowed judgment to
go by default,' a jury was nor-sworn to assess the de.. •
mages which were due frombini for the consequences
of false and slanderous statements which he hid • mide
against the plaintiff. - The special' damages were aver-:
to f in the• declaration,. and laid -at 1,0001. • ' •
Mr. Trikircrit stated,-that the'plaintiff in ibis ease,
Mr. Jabez Clinton Pelham, was'a respectable wharfrn-
ger, carrying onbitsiness at Shad Thiltnes,•Horsly doln,
and residing at 'ltotherhitite." Be had been married is
years, and had four children.- For sevetal years past art
intimate friendship subsisted between him and Mr. •
John Henderson, a merchant in the city, with whom
he had Lad considerable dealings, having been em=
ployed by Ern in landing goods. Mr. Hendersini.
was in partnertkin Firmitrgeirwho is' the!
husband cif Mr. Henderson's sister. Bush-resit of tni).14....
nienr, in January, 1827, 'called Mr: Henderson to
Mexico, where he at present was. Before he left this
country he recommended 'his wife and family to the
same friendly • protection and intimacy of the plaintiff
and his family that had previously subsisted. The
plaintiff did continue the same attention to the wife of
his ft iend. In about two months after her husband left
this country, Mrs. Henderson was delivered of twins.
The piainnif paid the attentions which were due to her
situation. Suddenly, -and without any previous cause
of which he was aware, he felt his business .decline ra•
pidly, and a 'coldness extend around him. Mr. Fir.
(flinger, with whom lie had carried on a lucratrive bu-
siness,arst discontinued the previously subsisting friendly
intercourse with hinstandlben ceased to employ him.
The plaintiff now inquired into the cause of this fearful
charge going on about him, and traced it to the defen-
dant. The latter, whom' a was now requisite to intro.
duce to the Jury, was a Gectleman highly connected.
He was a surgeon and apothecary of considerable .
eminence, jnd of extensive practice, at Rotherhithe.
His chatacter was such as to inspire all that confidence
whiLh belonged to that honourable profession. A man
possessing an introduction into the midst of families had
opportunities for propagating slander with an effect that
no other person could give. The slander was conveyed
in the following lettem•
• " Rotberbithe. Thursday, April 6, left&
" MADAM—I called on Mrs. Henderson about halt-past nine kw
night, when she informed me that you made some observations on
the risk she run ou. Saturday last, and Indelicacy of walking home
arm-in-arm with Mr. Pelhi.m. I followed this up, and pointed oat '
distinctly the Mower to her and her children, as well as injury to elm-
raver. 'As it was now the subject of conversation, j told her how
much Mrs. Pelham and Miss Barton were censored, but on inquiry I
had she stfesed their repeated offers, and selected Mr. Pelham her.
self. I now went to Mr. Pet-bees house to join the whist party. .
Jest before supper he caned-me aside, and asked after Mrs. Render.
son and her twins, and also requested me to inform Mm when be .
eight be permitted to see her. My answer was, not till her month '
was up, and she was down teaks in her parlour. To see her in her
bed-room was the height of indecency ! and If she was my wife,
and such a privilege was allowed to any mzle wisher but a husband,
father, brother, or medical attendant, is would totally destroy my
regard for her. His answer was, that such a friendship as sub-
sisted between them, made my arguments nugatory. I shall tell
Mrs. H— what Mr. P— said before the nurse, and my re-
marks on its gross impropriety. How conies it that dill feiend-
ship did not give the same indulgence in her former lyings in /
This little incident will open your cr.. to the troth.
"My advice to you is this, see her often during her confinement, ,
and if you catch Mr. Pelham there, speak your mind without re-
serve—this warm friend/4:p must be dissolved, or very serious
results will follow.
" I remain, Madam, your most obtdient and humble servant.
"W. GA FISK ILL, Sen.'' •
As Mr. Barfoot (Mrs. H....m=4 brother) at Riddle and Bare
foot's stationery warehouse, Paternoster-row, from eight in the
morning till eight in the evening, and is in full possession of my
sentiments en this serious subject, you had better take the Peckham
stage, and have an inteeview with him. Ile will go hand in hand
with you. His mind Sas been so agitated that he mete to his
itber about it. Mrs. Henderson wished to lie-in at Mr. Pelham's.
Nothing but my severe letter brought her home. She made no
preparation at home."
" Addressed to Mrs. Henderson, stationer, -
Pcckham Rye-lane, Surrey." •
" Post mark, 12 Noon 12, April 6, 18e7.—T.P.
Rotherbithe, 4 even..s, 1827."
The Learned Gentleman then animadverted on
cautiously guarded malignity contained in this letter.
Nothing could be more fatal than such a lett.t, if fake,
upon the peace of a family; and, if true, nothing could
tend more effectually to bring down punishment on the
matt who had violated the trust reposed in bins by his
friend, and the sacred obligation of the marriage Lie.

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