Star.
London, England, 1829-02-23 00:00:00

COURT OF EXCHEQUER, Fss. si.

LORD CoCtißltiViDitAlit V LORD cowman& •
Mr.CAXIMLL said this was au imam brought by the
plaintiff to recover the sum of 10.0001 from thedefeocl.
ant. The name of Lord Cochrane wrs a distinguiihed
one, mt only in this country; but all over'thir
a name, notwithstanding some deductions, of which
this country bad reason to tie proud, and from which it
would give him (Mr. C.) much pain to detract. ff Lord
CBkhrene had devoted himself exclusively to his peeler-
*ion, his name would have been transmitted-to poste-
rity with unspotted. lu,trer but, it, would appear. that
along with his leveol glory, his Lordship had ezhibired
a great love of money. In •1823 he left tire ter-
vice of Chili and chores: into that of vie Emperor
of Brazil. Don Pedro had at that time left the Eu-
ropean Kingdoms of the House of Diligence, and was
then presiding over Bleed, that place being then at
w ir wi h ti,e ancient kingdom of Portugal. The pro.
si.ice of Maranham then stood out against the Emperor
Don Pedro, and Lord Cochrane was appoioted in July,
1823, to proceed against that place. The plaintiff, a
purser in the Royal Navy. was then at Rio Janeiro, and
his Lordship, finding him an active, intelligent person,
ted him to the situation of Judge Advocate of
the Fleet. Maranham capitulated to his Lordship on
the 27th J01y.1823 ; some booty was to be obtained, as
article to which Lord. Cochrane attached considerable
importance. and all property belonging to the Portu-
guese was made a matter of prize. For this achieve-
ment Lord Cochrane was created Marquis of Malan-
h am.; be appointed the plaintiff fo be his agent in regard
to the prize and prize money, in which capacity ° be
remained for a considerable time: frequently receiving
instructions by letter from his Lordship. A consider-
able sum of money was produced by the condemnation
of vessels. Ice. a share-of which he was entitled to ac.
cording to hrs rank of Judge Advocate; besides which
his Lordship bad authorised him to receive two and a
half per cent. on the amount of prize money. Seventy-
eighlthousand milrees its hard cash were put on board
Lord Cochrane's ship, the Pedro Piitneito, which
there was reason,to believe be had brought with him
to Europe. la 18511 his Lordship sailed to quell a
tebellion in the riorthern provinces, and, still bating
as eye to the main cbasc,,,reiolved to cruise for. en!

Ws, for which, no doolst..the underwriters at Lloyd
banned pretty severity. He their appointed the
plaintiff to be his agent at Bahia- to get all the vessels,
condemned and sold that his Bahia;
captured. In
this capacity a great deal of businevs was done by the
plaintiff. until he ascertained that Lord Cochrane had
suddenly taken his departure for Europe with all the
money he had collected. Tr,e plaintiff followed to de•
mend his share of the prize money, and on arriving in
England learnt that his Lordship had taken his depar•
cure for France. The plaintiff had done every thing to
bting.tord Cochrane to an account, bat had been un-
able td do so; and he had consequently been obliged to
bring this 'action.
Alregt varie:T of documents were put in and read.
Several 'witnesses were also called to prove the facts of
the cast. •

Mr. BROUGHAM (with whom were Messrs. Messtaaa
and Memirso) submitted that the plaintiff ought to be
nonteited. because there was no clear roof of th.: pro-
perty captured at Maranham being sent to Rio Janeiro.
The Loap CHIRP BARON held the olee,tion to be
fatal. and directed the plaintiff to bt nomuited.