Star.
London, England, 1804-07-02 00:00:00

LA" INTELLGENCL►.

bOURT OF KING'S BENCH, JUNE 17.

SMITH W. m'eastaaa•
The Plaintiff is a Negro Isom the French Weft
India iflands, the Defeadant a Poll Captain. The
Defendant, with Captain Barrie, was walking in
Berkeley-Rreet, Berkeley•fqiiare, when the Plaintiff,
with fame other fervants of Capt. Mandeville% were
itanding in the path-way. The Defendant paired
by them, and was followed by the Black, who had
a whip in his his hand. Irritated by what he con-
f slered the infolence of the Plaintiff and his cornpa-
nions, he ftruck him aphid the iron-railing of an
adjacent houfe, and tome injury was received, ez-
prefred in the wordc of the Negro, " iU pia psufi
•
firmness', gni/ m'a fait ;nal a P4'wk." After this
confiderable clamour was occafioned, and she De-
fendant, with Captain Barrie, to proteet them from
outrage, were invited into the houfe of Mr. Mum-
ford, with whom they remained until the mob had
dlfperfed.
Mr. GARILOW, for the Plaintiff, Rated, that this
aAion was for an alfault on a min who, having the
happinefs to tread on Englith ground, had an un-
doubted right to the protection of Englifh laws. He
Paid he fhoithl !bell:, in evidence. that this gentle-
Man purpofely returned from his lodgings ;I) mold
the Plaintiff, whom he fuppofed had not treated him I
(the Defendant),' with the refpet due to a man of
his rank aad eonfequence. Three witneffes would
,dittinely.prove, that his client was knocked down,
-Ind If fubfequendy the Plaintiff followed the De-
fendant and Captain Batrie. it was not for any pus-
,poft of aggiefflon, but merely to learn the name of
the perfon who committed the afraid', with a view to
obtain redrefs in a Britifh Court of Janice.
-Mr. Eas aims, for the Defendant, adverted to tl.e.
indecent and difrefpeAful con:tuft prevalent among
fervants. which had nut been decreafed by the pugi-
littic fcbools of Mendoza, and other prefifirr of that
defcription ; and he produced in evidence Captain
Bartle, who depofed to the impertinence oldie Plain-
tiff, and to the chatlifement tie deferved, as well as to
the riot he had occalinned, by his vociferoos abeei
Lord Ezzseamioirc H Gid=Phisis a cafe in which
the affsult ha: been proved, and therefore the .verdiel
mull be found for the Plaintiff. 'Fhe.Detendant had
better have retired without committing the affanlt a
eolith& with an unwottisy combatant affords hut an
unfavourable opportunity for the difplay of the valour
of a gentleman. You will judge of the eztent of the
provocation, attic degree of the injury, anti the cam•
penfation to which the Plaintiff is entitled.—Verdie
for the Plaintiff, sof.

Te IILYMAII V. DODDISIGHAN•
This was an anion for an affault. The plaintiff
had married the defendant's daughter, and com-
menced their career in life by opening a chandler's
Ihop. Family difpures, however, arofe, the fhop went
on bad, and the defendant, difpleafed n ith his fun•in.
law's conduit, advifed his creditors to take out their
debts in the merchandise of the (hop, which the plain,
tiff rejeaing, the was arreded ; but having obtained
bail, he returned home, and found his father-in.law,
the defendant, ferving out b; ickdott and fend to the
cullomers. Enraged at this liberty, Come abide was
leforted to, which the defendant relented by !hiking
the plaintiff twice over the back, the wife of the lat-
ter exclaiming at the fame time,—" Knock hint
down, father."
Lord Eixeriarotouc si interfered, and faid the ac
tion had better have been (pared, as it could only tend
to the expoution of tete parties.—The Jury gave Is.
damages.

JUNE 26.-41L118
MANN O. FLAMM:SAC—Mr. ERSILII42 opened the
Plaintitl'i cafe. He laid the Detendant was a Sur-
geon, who came lately from the ifland of 'Trinidad,
where he had been employed under General Pinot', ;
the Plaintiff was his (errant. He caufed the Plaintiff!
to be apprehended for a felony, alledging that he
kept and &Treed fome papers from his mailer, which
were of ;oh value, upon which the man was com-
mitted to prif on, where lie remained a week in bons.
there being no pretence f,r the charge of felony, the
Plaintiff having done every thing he could to find the
papers. This was an anion for compenfation in da-
mages for this falfe imprifonment- The Defendant
had califed the Plaintiff to be taken up to the Marl-
borough.llteet Police Office. where the following en-
try was made in the book, by way of charge of the
Defendant againll the Plaintiff :
" Lewis Flanagan, of No. ar, Dean-ftrcet, Sohn-Nowt, on omit,
charges.' homes Ma-n, his fervant,with untavetuilv embezzling
divers written rapers, of the value of tot. and upwards, and on
fufpicion of telvoioufly Reeling the fame, his propoty, canonry
to the Statute, Zee
The Defendant laid, before the Maghlrate, there
were lime papers delivered to this man (die Plaintiff)
and he did not account for them ; the Defendant
laid that he imagined the Plaintiff had corverted
them to fome improper ufe ; en uh-c't the Plaintiff
was committed by the Magiittate, Mr. Nam, for a
felony.
Lord ELLSII faid, that this was a blun-
der of the Magillrate, and not the fault of the De-
hindatit. The charge of " applying the papers to an
improper ufe" was not a diarge cf felony, and the
fault was entirely in the commitment by the Maga.-

trate
Mr. Gassow laid. that the charge laid by the De-
fendant agaiait the Plaintiff, betoie the Magittratt%
was perfectly correa. Th: charge was n t 1,.; a fe•
limy, but the itLgillrate had commuted f-,r feliy.
This was a thametul way of do:ng bana.f., and h.:
hoped his Loidthip would lay
Lord ELLEsa'•RnI'GN it'd,
mete Wilit2%e : lie was Yell thy of throwing
fora upon hlagiiiiates for rt.iitakts th-y mi,;ht t
into, becaufe they had mtkh ;,) d•, ; but th..r
be on their gii.vid when the
mistakes might dcpris•e pert.als .!;
Mr. ET:SKIT:L.—. Is et n.. 1 a
to he imprifoned for a week, in iron,, for
Lord Li.t.sm sosouc it is grievoo; c:i ta,
and Cafe lhould be taken of thefe mallets;
but t
9CfClldant iSnet anfwerable for thar, toccaa:c it o
the etlat of the comiiitmem."—Plaint.i: tom Wit:

t:•;; was

.Itlcilces

L'oe; t

THE RIRG V. PHILLIP..
Colonel RICHARD MaNbit rtfILI I Pi was candiix
for the county of Ca: MAI 01C11, Idlgne..l 1.1,
teafiont in tAvout of Sir WH. Mr. T/1
MIS WARgcntfor the latter, and I^me Ine11:1;A
trailLatielab reiulted from the iutercliange, whi,