Star.
London, England, 1810-04-27 00:00:00

LANCASTER ASSIZES.

MALICIOUS PROSECUTION.—IIARTLB FILMY. • 4
This was an action Which waS brought by the plain-
tiff, Mr.. James Collier Harter,. a young man,. just•of
age,, against Mt. Richard Bury, to recover. damages
for a malicious ptosectftion.
It Was stated by Mr. Serjeant-Coocett, that a gra-
ver or more serious case never came,before.a Court.
Happily for the plaintiff, the injury intended him by
the defendant had failed, his character had risen supe-
rior to it ; but the conduct of The.defendant was not,
on that account, the less deseriging of severe animad-
version. The action was for preferring three indict-
ments 'for felony against the; plaintiff, without the
least probable cause. The defendant was a drysalter,,
in Manchester, and had some 'time since failed in
' business ; at the time of .his failure, the, plaintiff was
his indentured apprentice. Before the defendant had
obtained his certificate, he attempted to begin trade
again, under a different firm ; but suspicion falling
upon him, the Commissioners took possession of• his
property. This proceeding, upon the part of the,
Commissioners, gave rise to an action, to ascertam
whether the property taken by them belonged to tJie ,
defendant ? It was tried in London; and the plaintiff.;
was examined as a witness. The cause terminated,
as justice required, against the defendant ; and, from
that moment, he became the determined enemy of
the plaintiff. The first step he had recourse to, was
to attempt to vilify and degrade the plaintiff in the
opinion of a merchant, who was about to take him
as a partner. He represented him as a young man of
Foa ;flramouc rhararter, and crated, that he had
the means of proving him a rogue and a villain.—
The circumstances on which he grounded these false
allegations were :these :—The plaintiff, subsequent
to the defendant's bankruptcy, had been appoin-
ted 10 make up the accounts, and collect various
debts, he had done so, and had duly accounted for
all he had received. The defendant, however, charged
him with having embezzled certain sums, which the
plaintiff had actually paid over to him, and for which
he had given his acknowledgment ; and, in order to
effect his design of ruining the plaintiff, he preferred
a bill of indictment against him at the Quarter Ses-
sions, which was returned ignaramw. He then pre-
ferred two other indictments, and upon his own testi.
mony, got them found " true bills." Having done
this, he..procured the plaintiff to be apprehended upon
a Bench warrant, and had him thrown int-) prison.—
He afterwards hurried on the trial, before the plain-
tiff could have time to advise with a professional
friend, or procure the attendance of a single witness.
Upon the trial, unprepared as the plaintiff was, tie
Jury, by direction of the Bench of Justices, honourably
acquitted him ; and so satisfied were the Bench of
the motives which had actuated the mind of the pro-
secutor, that they directed the Plaintiff to be fur-
nished with a copy of the indictments, to enable him
to seek redress in a Court of Law. The Learned ,
Serjeant observed, that this wicked man, not satin-
lied with having brought this youth to the Bar of his
Country to answer for a capital offence, of which he
was unconscious, boasted that he had nearly trans-
ported hitn, and that he had not done with him yet.
Such was the nature of the case ; and, upon the sub-
ject of damages, the Learned Serjeant thought the
Jury could not give any that was too exemplary.
The dek,ndant had done all in his power to ruin this
young ma,i, and to remove him from his native
country, as a transported convict. He desired the
Jury, therefore, to place' themselves in the situation
of this youth, and give hir.l such damages, as, under
similar circumstances, they would expect should be
given to them.—The witnesses for the plaintiff cor-
roborated every part of this statemeat.
Mr. RAISE addressed the Jury on behalf of the defen-1
dant; his arguments went chiefly in mitigation of da- .
mages, on the ground that the defendant supposed he
had a probable cause for prosecuting the plaintiff. •
Sir SLIION LEBLANC summed up the evidence with
his accustomed ability. He was of opinion the malice '
of the defendant had been amply proved, and that it '
was a case in which the plaintiff was entitled to
such damages as would have the effect of vindicating
and establishing his own character, and at the same
time of punishing the defendant.
The Jury, after consulting a few minutes, returned
a verdict for the plaintiff—Damages. £lOO,

The Privy Council, we understand, have come to a
resolution to prolong the licences for the importation
of grain from Holland and France to the 18th of June
next.

The following is- an ev:-act of a letter from Hol-
land, dated April -21 :—" In consequence of the late
Treaty, licences will be granted by our Government
for the exportation of grain and other productions of
this country ; and, moreover, special permission is to
be given to. import certain articles in return, which
are to be stipulated in said licences, and are, in our
opinion, likely to be much. the same as those which
the French Government allows to be imported. The
merchants here place themselves under personal re-
sponsibility for the performance of the conditions pre-
scribed, and particularly engar-,e- that the crews and
Captains shall not contravene our laws, by making
any attempt to smuggle goods that arc not permitted."
Monday night, a young man named Gill, coxswain
of the Salvador del Mundo's launch, went to bathe in
Hamoaze, Plymouth-Dock, when being suddenly
seized with the cramp, he sunk in deep water, and was
unfortunately. drowned.

An Inquest.was held yesterday by ANTHONY GM,
Esq. at the Northumberland Arms, in Northumber-
land-street, on the body of Mr. Thomas J arcs, a coal-
merchant, who lived in- John-street, Golden-square,
and was, drowned on Wednesday.—Mary Ann Lloyd
said, she lived in a house at, Mr. Wood's wharf, called
Northumberland Wharf. On Wednesday morning,
while looking_ out of her window, she saw Mr. Jones
falloff one of the barges• in the river; and, although
prompt assistance was given,• be was, unfortunately,
'drowned.. .Abrother of the deceased said, his brother
was very subject to a'giddiness in the head,• and he
ihad not the least doubt but that was the cause of his
falling off the barge The Jury returned a vssrdict of
'Accidental Death. •

The Inquest on Mrs. Kennerly, who died on Tues-
day evening last, in consequence of be:ng dreadfully
.burned by.her clothes catching tire, at her house in
Martitt's:court, will be held this day. The report
of Mt.. Kennedy's clerk having died in consequence
of the fright, was not corrett, As he vas only scorched
iu..the,ri&ht-hafkl: