Star.
London, England, 1803-05-17 00:00:00

ROBERTSON V. FRENCH.

Yeflerday Mr. ERSKINE made an eloquent
fpeech in !hewing caufe againfl this Rule for a new
To-day Mi. GAIROW, Mr. PARK. and Mr.
GILES, were heard on the fame fide. Mr. Gls's.,
and the other Gentlemen on the other fide, will
be heard in fupport of the Rule on Monday, if
there is an opportunity. This is a cafe of great
importance, and of great difficulty.
Lord ELLENVOROUGH gave notice, that the
Country New Trials would Rand over till the next
Term.

MAY 16.

THE KING V. THE MAYOR OF PORTSMOUTH.

Mr. EkSKINE laid, he was to thew their Lord- I
(hips caufe againft this rule, which called upon the
Mayor of Portfmnuth to Phew caufe why an infor-
mation Ihould not be filed againft him ? That IC-
Ipeßahle Maiftrate was a Gentleman whom he
well knew, and whole abilities in the Magiaracy
had leveral times received the fanCtion and the
thanks of the Government of the country. The
cafe was fhortly this :—Mr. Bingham, a Clergy•
man, and a Juilice of the Peace for tire county of
Southampton, refiding at Golport, having a com-
plaint made to him by a woman, that the had been
affaulted by a Lieutenant of his Majetly's Ihip
Ruffell, who was employed in the imprefs fervice,
iffued a warrant for the apprehenfion of that gen
tleman, whofe name was Bindon, on the 17th of
March lall, in order to anfwer this complaint ;
and the (hip lying within the jurifdi4tion of the
Borough of Portfmouth, an application was made
to the Mayor to back that warrant for the appre-
henfion of this officer. His Learned Friend, in
moving for this rule, had anticipated, very proper.
ly, that in all probability the Mayor would be able
to alledge Come fufficient reafon for his conduel.—
He refufed to do it : and the Court wan left to
fuppofe that the julfice of the country had been
defeated and difappointed ; that the perfon who
had that offence imputed to him had beer. fuffered
to go free, and that he was not to be amenable to
the jußice of the country. The Court would be
furprized a little at the anfwer he had to make to
this application. It was this: Mr. Gafelee, the
Mayor, had long been in the prthice. and which
the Court would think in that part of the country
was a very found pradlice, when any complaint of
this fort was made to him—he did not mean to
fay it would apply to high treafon, or any co ime
requiring the moll immediate urgency—but in
complaints of this kind, which mutt pr-bably fie-
quentiv.happen in fuch a populous dittriel, it had
been the praCtice of this Gentleman, immediately
before he executed the warrant, to define the com-
manding officer to fend the perfon complained of
to anfwer the charge made againit him; and if he
did not, to iffue tne warrant immediately for his
apprehenfion. The Mayor, not being willing to
deviate from this praCtice;fent a mirage to the
Port Admiral, deliring that Mr. B:ndon might
attend, which lie did immediately, to anfwer to this
complaint before Mr. Bingham. This ntellagc
the Port Admiral was only the preface to the im-
mediate execution of the warrant, if Mr. Bindon
had not attended. The affault took place on the
17th of March ; and on the evening of the ,Bth,
the complaint was heard before Mr. Bingham ;
and this complaint, which had been made againd
this officer, without the fmallelt colour or foun-
dation, was difmiffed ; and this Gentleman, who
called himlelf a Rev. Clergyman and a Magißrate,
and Jullice of the Peace, came and impofed on the
Court, by not difclofing all thefe circumltances,
and leading them to fuppofe that this officer had
efcaped by the miliondua of the Mayor. There
was not the fmallea intention or inclination not
to put the law in force. That falutary practice
prevented great violence and dilhrder, and great
difficulties would be found, if they did nut couclue
thendelves with that decorum, in the &It infiance,
to the officers in his
.Majefly's ferrite ; this (We-
i ment, he laid, was founded on affidavits. The
Mayor fent his compliments to Mr. Bingham, and
informed him, that he would immediately fend to
Mr. Bindon.

Mr. BURROUGH, on the fame fide, °Merited,
that if this application were to be liltened to with
much anxiety, it would be attended with this in-
convenience, that the bell fpilors would be taken
nut of the King's (hips. Unqueltionably every
day of the week complaints would be made by the
friendsof failors, and the bell of them would be
taken ont of the fervice of the kingdom.
Mr. asexual, on the part of the profecution, oh-
ferved, that certainly when he made the applica-
tion to the Court, not merely out fat -courier), to a
very refpeetable Member of the Pride Kiln, he Paid
that he Ihould not he difappointed if it turned nut
that this might he attributed to (rime millake. His
Learned Friend had treated his client a little ca•
valierly. This Gentleman, he laid. called himfelf
a Clergyman and a Plaice of the Peace. He Paid,
Mr. rungham was moll rellitelably connefled, and
he had nn to torward the King's fer-
vice. His only obicet was in have it diltinttly
on-
dcrflnod whether this practice was to be endured.
Ile could ci.nceirc that the :coition of a warrant
might produce great tiimu:t, violence, and slifur-
dvr on board his Majcll)`b
Mr. Jolliet: Gitosv.—" It would produce great
tumuli iii that place.".

The learned 'Connie! (aid he had nn doubt about
if he haJ fecn on the affidavit origi-
nAly itle, i!,At this relal,ll !Ltd been accompa-
iliA An ;atiniAtion to \lr. Bingham, that the
p: lb 1. h: 10mb-coming, he thould not hAVC
ativilrki :,piilwation to be rnAJe to the Court.
Mr. Lingiiiira 114 J i:ltcl3ti9ll w rrcis it asitialt

this Magibate, %rho in general condueed himrelr
with great propriety. Mr. Bingham felt he had
not a&ed properly in not kicking the %%arrant.—
He did not expal the Court would make the Rule
abfolute under thefe circumllances, but be thought
they would not difapprove of what Mr. Bingham
had done.

Mr. GIBB 3, on the fame fide, faid, he could add
nnthing to what had been fiid by his Friend. Mr.
Bingham was not to blame for the line he had
taken.

Lord ELLENBOROUGH.—" From the Taits now
difclofed to the Court, and which exited in the
knowledge of Mr. Bingham when this application
was made, he knew he had had the Officer on the
warrant he had iffued ; that'he had had the appear.
ance of Mr. Bindon before him, amenable to jut*.
tice. He has therefore come before the Court
with an imperfret Ilaternent of the cafe—impet
by the fuppreflion of fails within his own know.
ledge. It appears to me, therefore, that this Rule
fhould not only he difcharged, but that it fhoulal
be difcharged with tolls."—The other Learned
Judges were of the fame opinion.

THE KING V. IiAIITOZ7II.

The Defendant received the judgment of the
Court, having been found guilty on two indiet-
ments, charging him with the publication of ob-
fcene libels and prints.
The fentence of the Court for the &it offence
was, that he lhould be imprifoned in the New
Gaol, Clerkenwell Green, fix calendar months,
and that, during that time, he Ihould Rand upon
the pillory in the open (beet, in the Strand, near
St. Clement's Churoh, bqween the hours at twelve
and two o'clock.

For the fecund offence, be was ordered to be
imp! ifoned other fix calendar months, to com-
mence at the expiration of the &ft imprifonment,
and to [land again on the pillory at the Seven Dials.

THII KING V. ANN AIKEN.

Ann Aiken, for the fame offence (the wife 'of
James Aiken, who has been feveral times in cuf-
tody for this offence, and has been lately liberated
from his lall imprifonment), was ordered to be
c6mmitted to the Houfe of Corration for the
County of Middlefer, and there kept to Lard la-
bour for twelve calendar months.