Star.
London, England, 1820-07-17 00:00:00

LAW.,

rtirkiit'dErics.

COURT OF KING'S. BENCH, JULY 15.
be swear v. Ina THOS. MAITLAND.
- This nittnert.nctiun brought by Colonel De Bosset
against Sr Thomas Maitland, at Governor of the
lonian Isles, 'and Commander-in-Chief 'of his Ma-
jesty's forces in those Islands and In the Mediterrae
nean, for having, from malicious motives, suspended
and dismissed the plaid( from the situatiod of In-
spectorof Militia in thoselstands, not having received
the authority of his Majesty tlfrongh the medium of
the Commander-in-Chief, bri ;Royal Highness the
Duke of York, for so doing, by which the plaintiff
had sustained injury in his military character and
pecuniary concerns ; and for the injury thus sustained
he now sought to recover a compensation in damages.
Mr. Dammam stated the case to the Jury. The
cirttamstances were briefly these :—The plaintiff,
Lietitenant-Colonel De Bosset, is .e native of Swit-
zerland, and an Officer in the British service; the
defendant, Lieutenant-General Sir Thos. Maitland,
is Commander of the Forces in the Mediterranean,
and Sovereign Protector of the lonian Islands. In
March, 1816, Colonel De Bosset was appointed an
Inspecting Field Officer of the lonian Militia, and in
the ensuing August, being averse"to the discharge of
a duty to which he was (he thought improperly) ap-
pointed, he tendered to Sir Thomas Maitland his re-
signation of that commission. The commission of In-
spector is a commission emanating from the Crown ;
and therefore, Mr. Denman contended, Sir Thomas
Maitland, as Commanding Officer upon that station,
had no authority himself to accept or refuse the re•
signation of the plaintiff, but was bound to transmit
it to the Commander-in-Chief. Adherence to this
course, was of the last importance to the Army in ge-
wad, since a tender of his resignation was the only
Diode by which an Officer lb road could express dissatis-
fac.tion with the conduct of his Commander; and such
a-tender therefore amounted, in fact, to au appeal.
Instead, however, of transmitting to the authorities
at home the desire of Colonel De rposset, or even com-
municating with that Gentleman -upon the subject;
Sir Thomas Maitland, on the 26th of September,
being then at Malta, issued a General Ordet-to the
following effect : r• fit

" The Commander of the Forces directs. that frassibio receipt
of this order the pay of Lieutenant-Colonel De Beniett as In.
spector 'of Dli4tia, should cease. Colonel De Bowes services
in that situitico having been declared by his Majesty to be in.
expedient."

This order the plaintiff contended was malicious,
and the terms such as tehded to injure the character
of an Officer : the allegation that his Majesty had de-
clared his serricesinezpedieut was false, inasmuch as
no communication had been made to the Comman-
der-in-Chief at the time when the order was issued.
The commissions of the plaintiff and of the de-
fendant were then put in ; and the 22d Article of War
was read, which-provides, that no Commissioned Of-
ficer shall be cashiered or dismissed the service, ex-
cept by the of der 'pi the Crown, or upon the sentence
of a Court Martial, approved by the King, or by
some person appointed by his Majesty for that pur-
pose under the sign-manual.
Sir Henry Torrens, now Adjutant-General, was
Secretary to the Duke of York for ten years—knows
the plaintiff, who is a foreign Officer in the British
service, and was on half-pay as a Lieutenant-Colonel
—produced an order of Sir Thomas Maitland, dated
the 26th September, 1817, suspending the pay of the
plaintiff, as Inspector-General of the horses, from that
date. It is usual that the appointment or disinissal
of an Officer should be communicated through the
Commander-in-Chief, the Duke of York. At the
time when the order in question was issued by Sir T.
Maitland, witness was not aware that any such de-
claration had been made by the Duke of York, nor
had Sir Thomas communicated on the subject with
the Commander-in-Chief previous to the order being
issued.. The first intimation witness had of plaintiff's"
dismissal was from himself. Witness did not hear
from -Sir T. Maitland until after he had written to
Ilim on the subject. It is not usual VI read a General
Order at the bead of the troops, unless it is on a sub-.
.jest affecting the discipline of the service ; this order
is rot of that description, but all orders are entered
in•the Orderly-hooks of the Regiinents, and it is the
duty of every Officer to look over those books. The
order was treated at the Horse-Guards as a valid. or-
der until explained. It was a matter of opinion whe-
ther such an order affected. the character of defend-
ant; witness considered it as indicating that he la-
boured under General Alaitlancrs disapprobation.—
After the order was explained, the plaintiff' continued
to receivehis pay as'lnspectorGeneral till h e exchanged.
Cross-examineL—M the time the order was issued
Sir T. Maitland was Lord High Commissioner of the
jonian Islands, under the charter ratified by the Prince
.Regent, and ia that character he would not be called
on to correspond with thnCammander-in-Chief, but
with the Secretary of. State. Witness knew of no
such office as Inspector of Militia, except in America
and the lonian Islands. 'The Office was paid out of
the funds of the Islands; it was 'a • local office, and
subject to local regulations. At the time the order was
made, witness was not aware of any authority which
Sir Thomas bad to make it, but he now knew there
was an authority from the Secretary nf State. The
commission of.Lieutenant-Colonel was given to the
plaintiff at the express recommendation of Sit Tho-
alas Maitland.

The letter containing Sir Thomas Maitland's re-
commendation VMS then put in and read.
Sir Henry Torrens re-exatuined.—The order from
the Secretary of State's Office was a written docu-
ment. Witness first beard of it from Mr. Goulburn.
The CiIIEF.JUSTICII said, the plaintiff was in this
difficulty :—The allegation of the defendant was, that
the order was made by him in pursuance of his Ma-
jesty's pleasure. Now the plaintiff said that allegation
was false. On the examinath.n in chief of Sir Hsery
Torrens, it so appeared; but his cross-ezaminarton
alterell that fact. His Majesty's pleasure was not
communicated through -the War-Office, but it was
communicaed through the Office of the Secretary
of State.

continued.- 4t was usual for Com-
manders on foreign stations to receive orders through
the Office of the Commander-in-Chief; but he was
bound to obey the orders of the Secretary of State,
though in such case the Commander was bound to
apply to the Conunaodemo-Chieffor an explanation.

,

It watiot usual for oederi to be comosoniemed fat
the dimming @Maws *seep *through doe Greet iif
the Consmaadepia-Chief. ...0'
Sir John Operal&—Witiiesi, she 1809, e‘nomailed
the detichasent which took poesessioar of the lonia*
Isles, and became acquainted with phintifil 1810.
In April, 1810,- plaintiff came witlinifinfereerneot
for the witness ; and witness left lataiihere in 1811.
....Never heard an instance of an Nicer being sus-
pended or dismissed in copse:more of an order from
a Secretary of &ate. Siould consider the order
made by Sir T. Maitland as affecting the character
of the individual concerned. Never before saw au
order of this character in which the reason for issuing
the order was not expressed.
Lieutenant-Colonel Trickey, of the 10th Regiment
of Foot,. has been in the service twenty-five years,
and: was at Corfu in September, 1817. Remembers
the publication of the order in question in the as.
derly-book. Did not hear it read at the head °This
Regiment, but had no doubt it was read, as such was
the course of service, Never knew an Officer disc
charged under a General Order, unlesi for' pecified
misconduct, except on this occasion. Such an order
must be injurious to the character of an Officer.
Richard Poussett, Esq. was, in 1817, ASsistan;
Commissary-General of the .Farces in the lonian
Isles. Remembers the General Order being published'
at Zante in the usual way. Winless did not heir it
read, but it was usual to.do so.
Sir WilliaM Clinton was for many years Military
Secretary to his ROyal Highness the Duke of Ifoik,
Had the order in question related to himself, hi
should not have considered hil military, character a 4
affected, and believed snob would have. beep the opi.
uion of the' ArMy. Witness thought. statieteiplana.
thin should have accompanied the order. - -
Tre plaintiff's case being closed, '
Mr. SCA KLETT submitted that a nOnStlit flse
entered. It appeared that the plaintiff had secei
an Order from the Secretary of State, and that he wall
bound to obey such an older. • .
The LORD CHIEF JUSTICE thought that there was
sufficient to go're the Jury. '
Mr. ScaeLstr, on the part.of the fieettclam, thica
denied any malicious or improper feeling troche part
of that officer towards the very respectable "plaintiff
in the action. The Learned Counsel reminded thicl
'Jury that-the appointment of' Inspector had been!'
,green to Colonel De Bosset at .the recommendationt
•of. Sir Thomas Maitland, and proceeded to contend,
that the lialtian Islands were independent 'Statue
under the guarantee of Great Britain; that the office
of Inspector of Militia was An office wholly belong:
-ing to those States, and came no snore within the
controul of the Mutiny Act, the Articles of War, or
the Acts of the Parliament of Great Britain, than
such an office in France would do. When the Con-
stitution of the lonian Islands was sent aver to this
country in 1816, it coma-Hied . a provision that the
office of Resident, as well as the office of Inspector
of Militia, should only be filled by nitive'British or ,
lonian subjects. At the same time 'Sir Thomas
Maitland stated to Lord Bathurst, that such a pro-
vision would have the effect of excluding Colonel
De Bosset, and certain other foreign officers already
appointed as Inspectors, and requesting that his
Lordship would strike out that particular clause.—
In answer to that communication the difepdant re_:
ceived the charter ratified, which, as we. understood,
applied the word "native" to the office of Reiiderit,
and left the provision as to Inspectors,' " British Pr
lonian subjects." He received, however, a letter,
also stating it to, be the King's *astir, that' no
foreign officer should be appointed to the situation
of Inspector, or even to the situation Of Sub-Inspector,
except under very especial circumstances. It was in
consequence of that intimation that the defendtint
had thought himself bound to dismiss the plaintiff
from his office. That the ' terms of the order bad
been dictated by no imprciper feeiing, would. be evi-
dent from the circumstance that trio ether Inspectors
had been dismissed under orders precisely similar.
• Mr. Goulburn, Under Secretary of State fOr the
Colonial Department, produced* copy of the charter'
of the lonian Wands, as ratified by the Prince
Regent, on behalf 'of his late Majesty, in 1816, in
which it was provided that the Lord High Commis-
sioner and the Residents of the lonian linds should
be native British or loniau officers. Cap. 4. art. 5.
sec. 1. cap. 7. art. p. sec. fl. also provided, that the
Inspectors and Sub-Inspectors of Militia should bo
British and louian officers. The wham also pro-
duced the communication of Mr Thomas Maitland
to Lord Bathurst, pointing out that this article of the
charter would affect the plaintiff and other officers,
sinless foreign officers in British 'pay could be consi-
dered- as British officers; and the answer of Lord
Bathurst to Sir T. Maitland, containing the commu-
nication of the Prince Regent's pleasure, that no
foreign officers should be employed as Inspectors of
Militia. A question had been pending as to the pay
of the plaintiff, between the Secretary of State and
the Secretary at War. The determination of the
Secretary of State was, that he should have his pay
up to the day of his suspension, but po longer, ar
the lonian Isles were no longer, according to their
charter, bound to pay. The War • Office was of a
different opinion.
Sir H. Torrens produced the orders for disconti-
nuing two other officers (foreign) as Inspectors, his
Majesty considering their longer services in that si-
tuation as inexpWient. •
Lieutenant-Colonel Rait, Deputy Adjutant-General
of the forces in the Mediterranean, knew that Sir T.
Maitland had received Lord Bathurst's dispatch and
the charter presionsto his making the order for the
suspension of the plaintiff.
Mr. DISNIIAN replied, and contended that the
malice existed in the manner of issuing the order,
and no part of the defence hid negatived that part
of the charge.

The Cigar JUSTICE summed up ; and the Jury,
after a short deliberation, found a verdict for the
plaintiff—Damages £,IOO.

Saturday forenoon, as Mr.Jonai Hisaosr, a respect-
able inhabitant of -Harrow, was riding down Down-
shire-hill, near the Mason's Ann., his horse, which
was a high-spirited young animal, took fright,. and
galloped off in full speed. Mr. Hallos was thrown
off, and one of his feet sticking in the stirrup, he was
dragged along the road a considerable distance, whilst
the horse kept kicking him, and whee taken ap, be
was quite lifeless.

ON.F4IRiIiP PAM,
hd HATNAULT FOREST. *SOL
•
AliatbOOD TO Tint CONSIDERATIOS Olt THX 14001
?OAT= Of THAT COUNTY. •

This Pair his binkl, from time immemorial, Icept'
on the first 'Pridapr in July Ithas sometimes lasted
two days; but, in the last two or three years, the
booths have remained flied on the•Sanday. The'
consequence is, that immense multitudes have Mocked
from London, and the Eastern Suburbs, to celebrate
a series of orgies, productive of the most lamentable
breaches of order and decency. Stinday sehinight, the
evil appeared to be in a train of riaching a stupendous
height: During the time of DiOne Service, the roads
were covered with gigs, carts,.borsemen, and a cloud
of pedestrians of both sexes. Places of worship were
thiaued of their usual attendance, and vollies of
coarse wit cast at those who 'ere repairing to the
Church or Mieting.
This is noticed' for the information of the Magis-
trates acting for that Division, who must be ignorant
of thoise tranxactions, which it will, no doubt, be,
their determination, as it is their duty, to arrest in
their prOgress. They will, on a 'future occasion, either
order the booths to be cleared away on the Saturday
evening, or appoint the Fair to begin on an early day
of the week. Certain it is,. that such a scandalous
practice ought to be immediately abolished. Y.

THE PARKS:.

The .Drive was very much trowsled yesterday af-
4ernoon, both with equipages austhorsemen; the Pro-
men ade.was:also numerouslrattended.--Of coaunte
. . • .
it may be noted, that amopg, the lfeaes extraordinarily
'extensiveLeghornbonnets,withlkohdiag bouquets,
.item to be getting intavogue ; though the radiated
gauze a pike orflaiwibunnet, has many titled and
beautiful wearers ; and twin y decorated
with a profusion of ilOers.-=:tbe male exquisite
alopecia has underinne a Very decided clang.. It is
no longer smartly cooked, and -irclie&aver the ears,
but gat in the brim, as thit renowned Utensil, yclept
by the. Knight of as Mancha, is Mambrino's helmet !"•
Among the gay throng were—
In *Mager—Their Royal Highnesses the Duke did Duchess
or Clain:sot the /Puke de Fries, Prince and Princess Esterhazy,
the Dock's:cm Reeragge- of Leeds and Rutland. the Duchesses
of Graftoo, and Richmond, the Marchionesses Winchester,
Sligtk-Woreeiter, and' Bath, Marchioness 'Dowager of bans.
doom, Guarteeses Westmoreland, Darlingtoo, Jersey, ClonmeU,
Harrington, Hatrowby, Dessington Aylesbury, Sc. Germain,
althorn, Warwick, Stamford, Etc. isc.
Prince Louis de Lichtenstein, the Lords Hs:borough and Pe-
tersham, Lord Gdarge Seymour, Lord Mplyneux, Lord Alvan-
fey,&c.&e: were among the most daringly dexterous drieeri of
the tilbury. •
On horseback!-The Duke of Beaufort and Lord C: Somer-
set, the Duke of Montrose, Earls Jersey, Softie's, St. Germaine,
Westmoreland, and Glengad, Comte= Sefton, 'Leeds Palmer-
ston Apsley, Curzon, Duncannon, IL Cholmondeley, Valletort,
Stanley, and Say and &le, the Speaker of the House of Corn-
' anent, Sr C. liimpfylde, gm. .
Oa foot—The Earls of Moontcharies and Courtown, Lord
A. Hamilton, Lord W. Fitzgerald, Sir J. Copley, 3lr. Ilozace
Seymour, Colonel Cooke, &c.

Rome err laseeme.--Tuesday, July 4, Reynoliii, of the Lou-
don ring, considered bf what thefancy call good judges, a brave '
good fighter, stripped in Donnelly sVafley, in. the Curragb, with
Jain Dulls, a novice to the ring, for a purse of £5O; but who
was Mated as a' gauss Aid, with good native science and
• strength to back it. •At an early hour Session* wits covered
With spectators, male and female; and about twelve Reynolds
wads hie ranee,man& the rhsi, wit eissidnglrearnestly
munnimsd the ropes and the maainarchtleen Sri* Dunn men
after naive his deist, and throw up Ms snow with confidences
I width was answeied by Mei Rio manner. After
*skin hands, and sttipphig, theist* Meet to work.
Rounds 1 and-S: Reynolds- was throirn,bui it was evidenthe
hod the best of fighting{-; for his left hand told dreadfully upon
Dimes hood.
s..lleynukie threw his span a good cross buttock, from which
.4t wale evident Dunn had no chance. Ha wits countered.every
hit, and Sowed op if *shot, Until the
10th. When Reynolds's friends offered 6 to 4; but Reynolds
slaeemed jealous thatlds *lnning should be at all doubted. For
the
11th. He-wept in and played such a taunt upon his &nixie-
nist's head, as rendered him alniost' senseless ; 'his eyes were
nearly 6443" two deep gashes Veluesed under each, which
kept constantly bleeding, and his head was swelled twice its ne-
t er:l42e. la the •
1111 s, He was brought up to the mark, but there was no.figbi
in him, and With a alight hit he staggered alpdpst the ropes and
nearly sunk
.; when Captain Kelly entered the ring, and said it
was brutal to let him igbt any longer, as he had no chance.
Reynolds. stood by him and would not hit him, althbugh he had
it in his power,
Cuasous few days boat cue at the oilcan of
the Soinhwirk Court of Requests, went to serve an execudon
for a debt of 131. ed. on a labouribg tole resift, in an Alley
in Tookrotreet, emering•the mom he found his at break-
fast, but before he could apprise him of the amps, of his visit,
he pulled up the sash, jumped out of the window, nod took to
his heels, followed by the oacer, and sheltered himself in an old
building in Hay's Wharf, from which it was found le to
dislodge him, till one of the constables at the .1' came,
and by the efforts of both, he was at length compollad to come
down : be did not, however, surrender here. The end of Mill-
iner Was blocked upby people, and no lisps lent:ape being appa-
rent that way. he ran towards *he Riieers beans dm* pursued,
and sprung on board the Joseph and Ann, of %Forsooth, which
Wks getting widen:weigh, and climbed to the Stern•eapinast bead.
The Constables also got on board and' demanded lan of the
Captain, who refused to interfere, and the vessel soon floated
into the middle Of the elver. Me was then followed up thrtig-
ging, but having been an old akar, he 'Upped about like a cat,.
'end climbed up the forisatay; and into the main-top, which be
kept shaking, to deter his pursuers from following him.—
The vessel bad now made the Cuatom-house Quay. where a
great crowd were assembled to witness the sport. Just as the
brig was nearing the shore, the adventurous lellow made a sud-
den run along the fore-stay, jumped into in empty barge along-
side, from thence into a Waterman's boat, and leisurely rowed
himself down to Billingsgate, where he was received with Stints
of applause., The officers arrived a few minutes after the poor
fellow's departure, end were greeted with the usuaisrevoury jokes
of the fish-venders. -
We are requested •to publish -the following Letter
'as particularly claiming the attention of those who
have been improperly treated under this complaint :
TO THE EDITOR OF TALI STAB.
Sts--Observing a paragraph in your Paper respecting. the
Cure of an Hernia (of a large size), by. the Medical Beard, et
' Charlotte-House' Great Marlette-street, Blackfriar's-road, in
justice to Messrs. Coosa and Co. I add nay personal testimony.
Having been afflicted nearly 10 years, lad deemed blamable by
eminent Surgeons, I patiently here my !action, expecting every
hour to be my last: I at length applied to the MedlcallSoard,
aodhave reason to pray for that excellent Establishment, for al-
though I am nearly SO, Fwas perfectly cured lan few weeks, and
now,-thank Goa, angeoid health. CLRYELAND: •
Stile, and Stile, Sc.. e's-Gelds. - •
Messrs. COOPER an Co. are consulted at Wood-
stock-House, Woodstock-street, daily, and at Char-
lotte-Honsk. Great Charlotte-street, oppaiite the Rey,
Rowland liars Chapel. Mechanics have Advice
ratts every Arguing, .fromain till Eight; and so
5004.11_, Morants
inatil TwalmhoTiock..
N.Private Doers at alt•l!, iimigge. ad Pdvata
Doors for Simla.

• . . .