Star.
London, England, 1803-11-29 00:00:00

COURT OF JUNG'S BENCH, NOV. 26.

M-. GARicow moved for a Rule to thew eaufe
.x;-.y a criminal ink, ?nation ihould not be filed
againit a Gentleman of fortune, and who at,pe.-red to
be a Magiiirate of one of the counties of Eng,A.l3,
Mr. Jackfon Barwis. He faid, he made that appli-
cation at the inaance of the officers of the 14. th
iment of Light Dragoons. lie thought it might
have occurred to that Magiarate, in the prefent tta:c
of the world, that it was little (hort of the clime of
high trealon to Oily the whole of the army, whether
it was the regular army or that army which, by the
native and hereditary fpirit of Engliffimcn, had re-
cently been formed in this Country. The Learned
Counfel Rated to the Court fome parts of a letter,
which he called a libel, and which was tranfinitted
by this Magiftrate, to the Hon. Mr. Yorke, Secretary
at War, reficaing on the eharaaers of there officers
The Rippled mifcondud of thefe gentlemen was
charged upon them by this Magiarate, while they
were quartered at Romford. The letter Rated feve.
ral injuries 4hich the offi-cers of this regiment, nam-
ing them, had done to his property, and to the pro-
perty of other perfons in that neighbourhood, but of
wiaich thole other perfons had made no complaint,
ace. There gentlemen were aware that this accu.
ration, that had been exhibited againli them, was
totally falfe ; and it was lamentable, that although
there injuries were fuppored to have been committed
in the year allot, yet this complaint was not prefer.
red till the 7th of July laft.
'Lord Eu.sosoitoutair oblerved, that this reprefea.
titian was made to the Secretary at War. There
was 0,41 doubt whatever about the nature of the pa-
per ; bat the queflion was, whether it did not come
a* a channel which, if the Court were to animadvert
upon it, would Phut the door againft all ufeful infor-
mation It did not fufficientTy appear that this let-
ter wa; not written ionajoie.
Mr. GAIROM obferved, that it fhould have been
directed to the Commander in Chief, and not to the
Secretary at War.
The Loan Cater Jorrics obferved, that probably
I it
would ultimately go to the Commander in Chief.
Mr!Giass obferved, that thefe things were Rated
to bare bein done in t Rot, and the complaint was
not preferred till July, 18os. He mentioned injuries
to his plantations, and Rated three or four inftances
in which outrages were committed on the property
of other perfons, who had never brought forward
any complaint againft there gentlemen. This Ma-
gifirate bad taken upon hinifelf to publifh look
liories which he had heard about that parilh, in 18c3,
rerpeaing tranfaaions that pan/ hi 1831.
Mr. Gaaaow raid, it this Magiftrate could Lew
this was done lona fuk, nobody could defire he fbould
be convicted. But the manner of thing it, the rime
of doing it—every thing il.enied to mark it was only
a colour for (*mil:lg this Trott intimoirs libel. There
r Leers bad all denied upon their oaths, moil foletnn.
ly, this grofs and Icandalous charge. While the
Court would keep open all the fources of Meru' in.
formatain, they would not permit the chat alert of
men by whaler/le, to be tr!ally deftroved.
After their Lordibips 11:-d confulted together for
a (huts time, Lord ELI rneoaovc,casked, if it was
worn any whet.: that this communication mended
beyond Mr. YOICe. the SLeretary at war ? Me was
answered it did not. Thca. laud his Lovelfhip. the
door is open to an indi.9ment or an adios. We think
the Rule ought not to be granted.

TN6 KING V.

John Little, the Defendant, Who i( a Snrreon in
the army, came into Court to me:five judgment.
Mr. Jurtice Guise &Aerated, that he ilond there
to receive the fehrence of that Court, corv%ae.l of
barring ertt by lint:nage of intuit and
roper bebpvi•anr. to prosei!te John Thiriten to fght
a duel. The ercumltances that appeared at the trial
fully jortifird the rerditt of the Jvirt. The Proicen.
tor, In confer/genre of a labpz:;a. gar.: es id.a.ice in
an aelinTt brought by a man of t'ec name of Skarp,
si7aintt Little, for an ~nitre alirdt.t,cd by Lam tt hate
uczu committed br Lit.•):. That was the origin of
big reftrament againit !.fr. Th;rlton : and the Prnfe-
eator'a attend:in:ft :zi:c evidence a,:: that necainn,
was a particular :eft rat ob.! •.aee to the latatc.
the Profecutor had given his evidence at the Deen-
dant's requeit, he waited on him, and in anfwer to
the Defendant's queflion, whether that pref.:onion
*as c trried on at his if:fiance? Mr. Thirtfrm afore's!
Lim it wag not. The Defendant then, without sof
infillt on the part of the Profecittor, laid, 16 That his
conduit had been infamous; that he was a damned
fenundrel and rafcal, that he wanted no law, that he
ha i had enouith of C. urts, and hoped the profecutor
maice f i,is word. in a gentlemanlike
i.e.ancr."—Tlie DLfcridant then bran:Mlle.' his !lick
ar him, anal Paid, if he did not think he would -visite
I.:A it. ham. he would beat him. His Lnrdlhip
1..25e had , r.e ohfervaiiim to make on rhat,:tirtn
riga, that the Profecutor had taken notice a iris

to , rd. i. a truly gentlemanlike rn:.:mer—ir it be
rioleii•..o.hke to pay obedience to the law, attention
dr.cci tial, and to attempt to pievem: the elution
of 11,,tran blood. If the Profectitc.r h 1 aCted other-
th he did, lie might have damped on the De.
,aorthe of murderer; and if the De-
a: had li:ccecdcd in provoking him to tight, the
i.:e•endantd. future life mulct have been embittered,
by tlic painful reflation, that he had flied the blood
of a human being, who. in obeying the. law of the
land, had even hint no jolt cauft of offence. The
Pro:cc utoi's ti,thearance was merciful and truly gen
demaillike, un!efs the only way to met it the charac-
ter of a gentle:flan is to affunie that of a murderer.
For undoubtedly, had this challenge been accepted,
and tither had fallen, that charader mull have at-
tached on the one or the other. It is mol unfintu-
nate :hat nitit will not remember this undeniable
troth, which is, that lie belt deferves the charader
of a Gentlearan who is not prone to take offence,
a•sd never means to give it. Os the faEts that gave
rife to the offence on the ',relent occalion, a com-
ment certainly ought to be made, which is, that it
tt aid he for the benefit of mankind, that the doors
of our Courts fhould be for ever doled, rather than
that men fhould be compelled to give evidence at the
point of the fword. A (late of fociety would be
barbarous and intolerable,in which a man mull obey
the procefs of juflice, at the peril of his life, or dif-
obey it at the peril of his liberty. It is impoffible to
contemplate fuch a (late of fociety without (hudder-
ing. The Court taking into confideratirn he whole
of your offence, doth order and adjudge, that you
fhould pay a fine to the King of ten marks ; that
you be committed to the Istarlhallea of the Martha)
of this Court, and be there imprifoned for the (pace
of I a calendar months, and at the expiration of that
period, that you give fecurity for your good beha-
vow. for three years, yourfelf in the fun) of 3001.
and two fufficient fureties in fool. each.

THI KING T. LOCKAR AND OTHERS.

Mr. ABSOTT moved, th tt the Defendants might
be charged with an information. They were brought
Into Court, viz. John Lockar, an old man, John
Locl tr Wheeler, and Ifabella Wheeler, the wife of
John Lockar Wheeler.
Mr. BAIL Low read the information to them, which
was filed by his Majefty's Attorney• General, and
which charged them with confpiring to carry off
Mary Pearce, an infant, of the age of 19 years,
who is poffeffed of large awes, real and personal, to
the amount of 15,0001. It charged them with car-
rying this young Lady off from the dwelling-hook
of one of her Guardians, John Crutchfield, in a poll-
chaife, to Gretna Green, in Scotland, and caufing
the bid Mary Pearce to be married to John Lockar,
one of the Defendants, a man in a mean condition
of life, having very little property, without the
knowledge, and againff the will and content of her
Guardians, John Crutchfield and John Emmit. To
this information they pleaded Not Guilty.

ICING V. THI M•GISTIATE3 OF BUCIIINGIt•I4,SHIIt.

A Rule bad been obtained to call upon there Ma-
gifirates to (hew caufe why a Mandamus thould not
be iffued to require them to hear a certain appeal
difnailled at the Quarter Seffions. Appellant, of the
name of George Winter, had applied to that Court
for a change in the alfeffment of the Poor Rate, in
which the Duke of Portland, Dr. Garthihore, and a
long catalogue, to the number of a hundred and
forty, were (laced to have been improperly charged.
The queftion before the Court was, whether notice,
and if notice, what notice were neceffary under fuch
an appeal?
Mr. Gaiteow oppofed the Rule obtained. Notice
was needfary, two incorrea notices were given, and
it was prefumed on the other fide, that two bad no.
tices would make a good one. The fiatnte of the
41 G. 3. e. 23. f. 4. requires fuch notice as can iu no
way be difpenfed with.
Lord E LLLLL ototicif —0 Is there any provifion
adjourning the appeal ?
Mr. Grutow-4, None ; the (41arter Seffions dif-
miffed the appeal, becaufe it was Irregular and frau-
dulent."

Mr. MARRIOT, for making the Rule abfolute, con-
tended, that if the notice were not regular as to the
whole, it was as to a part, and that the inaccuracy
of the fira notice did not invalidate the fecond.
The decifion of this Cafe was deferred, a doubt
arising with the Coon whether on the wurds of the
Statute the (Z2arter Seflions ought not to have ad-
jou' ucd, inficad of difmiffing the appeal.