The Statesman.
London, England, 1810-07-16 00:00:00

4:4W 'N7'14,1.401. Nut....
COURT OF KIN,GI,. U. LW*
BIar.CY a.
34)W i rut.

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This was an action to recover Amapa'. for is
malicious prosicititiOn. • -N ~
Mr. them'w stated the cam—This was info,..,
of the ea•-es.whieli peculiarly illustr itel atte ei, •
,celleuce of British 11. aw, by spewing; that no (lit.; b '
fett:tice of I.ink, nereputteott or fortune, cultlti,4o.
exempt any man from being forced to respect the..
rights' of his, fellow. men,_ or, if he forgot that
respectriargetting it at his peal. The Plaintpr
'and Defendant were in ranks. 4f soeioty
.alatost ,
as distinct from each other as it would be p4ll4lllile .
to conceive. The PlaitiAiff was a post-chaise-bey • •
at Hampton Court ; tho Defindant &man of rank
mid fqrtune—an Admiral-in the British service. •
• Yet it was against. such a man, that the Plain, .
tiff came to dethand justice from an. Kaglish
Jury. Mr. Ganitorr'then went into a hitirwroua
detail of the ease: —" Ail viral 13,iwatee lived at
Hampton Court, avid it unluckily happened that oe
one of, .the 610; nights of last summer; .a few pco,
ple returning from some c tuntry festivity, . and
not Wing acquainted with the gallant veteran's
antipathy to innsic, struck up a chorus as they
were passing his house. . This would probably
have been up very serious grievance3oaneontaih •
who was not, altogether adverse to the 44 concord.
of, sweet sounds." It might, Gentlemen, have
been rather oppressive to.the nerves of a pregnant
woman ; but I will not allow myself to imagine
the gallant Admiral to have been tinder these air.
cumstaners ; I believe it has nut been gig& in evi.
denim.; I am almoat poshivo thatit is not stated in
my brief. Yel/4GpntleMeiscif thestyle of limper
formance was not of the trenitdialeet ardor, the sub.
, ject might have been suppbseillo harmonize with
the feelings of the gallant Admiral. ‘V hat do yon .
suppose the songs to have been—something roar.•
ing and riotous, something' rebellious or /erotic..
tottery ? No, Gentlemen of the Jury,. the sere,.
Multi; *hich distisrbed •the• gallanc Admiral,. will
made up of'' Rule Britannia,' and s Gad Save the
King.' The concert was at once interrupted by
the throwing up of a window, and a lout-. voice
uttering this alarming denunciation, ' Get tarns
rascals, or I'll shoot you.! • The musieitns.wera
' perplexed for a, while; but at length conceiving '
that they had not earned sudden death in any satis-
factory manner, and at least determining to he
goodi.liumoured as long as they were allowed to
live, they began their concert again, with ' Cease
rude. Boren, blustering railer.' •Now, Gentle.
men, yin' have all htard something of the eftts
.of music in the days of old. This- was ' the
witching time u'the night,' the song was given in -
a full chorus of rough music. I proceed ietho
tale; the incantation produced its effect ; the
gates of the chateau were suddenly t tiro we. open ;
and there appeared before the astonished min3trels,
a 'formidable shape,' a figure in a flowing ;Am,
caparisoned front ' head to. foot' —the. Admit's*
in his niglit.cap• and 'slippers I The c•inc,rt
• was dissoked in an instant ; the spirit had beew
called up, but it was,. unfoitunately for the en.
eleantets, not to be so easily bad again. On the
next morning, the gallant Admiral went to' Mrs
Ifipperson„ the keeper of the King's /trials, and
gave a summary order for the tl:4itarge of the one
fortunate minstrels. General measnres are StiP.!
posed, WI be most effectual ; and the Atill'il ill's or.
dee was, that the mil keeper should, at them in. net '
discharge every chaise.boy in his Service. IN )w%
Gentlemen of the Jury, if a servant of mine had '
offended *gentleman, and the complaint was I dilly
mat to me, I would discharge hint at once, wino"
ever might be my value for him. Bait if any mati,t
no matter what might be his rank its life, were to
come, and without condescending to point out the
offender, give a sweeping order for the dismissiors .
of all my servants at once, I wolild certainly refuse
• to give him the slightest satisfaction on the sebjeett
and tell him that if he forgot his duty, I did' no 4
forget mine, and that I would rrotect my aryl
yards. The innkeeper plainly refused• to strip
himself of all his servants at once, in spite of '
sume•threats of .having his' licence taken from
him ; but offered to discharge any one whom
the Albite* • could point out. Four boy,
Were then Denied; as being, among the. meal-
clans ; of those, two were not in the inoks.opeita
service ; and el the other two, the-presell•Plaies!
tiff had pith to bed,• 1111 hour Mare the allete4
tumult. •The Plaititaff, and ano!lter..boy, WO. ii
Plaintiff in a succeeding action, were neat worn,
inn brought before Mr. Serjcant Marshall,, one of
the' neighbouring Magistrates. They Icm:A . roi
I.
tnanded, and ordered to ap,w.ar on the following
Saturday. In the mean time they were dismissed
from Mr..ll,ipperautt's Service,- Out Sattittlay they
were brought up, after haring been imprisoned
the night I?efore by the headhortingh, and thq A 4.
mica! then abandoned his charge against the Rain.
tiff,' ass net having been among the rioteriti"jhia
statement was substantiated by evidence.
Mr. Patrx, in a very ingeninus speech, defbrid-
ed the eonduct•of the Admiral, ascribed whatever
irregnlarity there might appear in tiiis proceeding,
to the irritation of a 'series of insults which had
been offered to the Admiral.and his family by thp
servants of the King's Arms. Their .ccimmott
nime•for him was " TwO •pounds ten," from soma
ridiculous story which they had circulated through
the,villige. .
•• • .- , ~ i •
. It (ref proved in evidence, that it post.inWe
horn and a,double drum were among the mitre _
ments of the serenade, add ttfattheimprisonment
was merely a cohur for swelling 'flie dainagett,
the prisoners having been let out Immediately
after their Confinement in the totted-house-I ad.
journing to a good supper, to whish the hinul7
borough was itivited at the time; and aftier
drinking and, Fleeping at their liberty, (Wing
the night, going into the mod-holm for a few •
minutes next morning, imparts' they went to -the
Magistrates. . •
Lord ELLEtraostouGtr, in charging 'Wary, act.
(milted the Defendant of all malicious int lotion,1,
and adiised them, if they word indeted to. 4:id !pc
the Plaintiff, to find a verdict for only nominal
damages.
The Jury without leaving the box, festal for
. flie. Plaintiff --Damagesfive pounds.

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