The Statesman.
London, England, 1809-06-24 00:00:00

ENCE.

LAIV INTEL LI,
COURT OF KING'S BLNCII, GUILDIIALL.

Fritlug, June 23.
strzucci BEFORE LOUII. ELL\ BUROUGH AT GVILDHAGL.

DICK O!1 V. PARIS.

Mr. GAttitow stated this to bo an action at the
Wit of a young man who was by trade a currier,
bat who, occasionally, assisted his father as a clerk
in th,: husioess of supplying his Majesty's service
4th sailors. The father of the Plaintiff had been

applied to by the Defendant to procure two snbsti.
totes for his son, who was impressed into the na.
. val service, sod was then put on board a King's
slip at the Nore ; for it was a rule in the service
to tet a person off from on board a man of war,
upon his providing two substitutes, but rarely on
any other terms. The Plaintiff's father procured
thcsse substitutes, and performed the other requi-
sites at the Aduiiralty, to get an order fur the dis.
char,e of this young man, stud the order was ob-
tained accordingly, but after that, something re-
mained to be done at Sheerness, to get the young
man from on board, and to get him home ; that

• ..
was not the business of the Plaintiff's father, and
therefore the Defendau t applied to the Plaintiff, de-
siring hint to go down to Chatham, and theism to
Sheerness, and du sthatever was reqnisite to be
stone in order to getting this young niau onshore,
which he di,), and accomplished his object, and for
which he charged, including expenses, 71. and a
fraction.
Mr. Dickenson, the father, kwora that he was.
applied to by the Defendant to procure substitutes
fur his sou, who was then at Sheernesi, on board
a King's ship, in order to get him out of the ser-
vice, and to do whist was sequisite to get a dis-
charge for him, at the Admiralty, which he did,
and for which he was paid by the Defendant 381.
--31guiueas of which he paid to Zhu substitutes,
including two guineas tact) to the men who hroNlit
them, and other expences ; so that he did not get,
for himself, above four guineas for his own trout.
ble. He added, that he had ended his undertak.
ing, when he had procured tip order of Admiralty
for the discharge of the Defendanes son ; but that
the UefenJaut called on hint afterwards, and de-
sired him to go to Sheerness for him, an:l get his
son from on board this ship, and bring him up.
He 'could nut go, being occupied in other heal.
nets open which the I:lAendant desired him to-
speak to his son about it, saying, " I do mat
wan: hint to starve himself, but I will pay
film his ex peaces, and seven shillings a day if 114
ii-g:111:' for a month—on which the Plaintiff un-
dertook to go to Sheetueas fur this purpose, 'and
had certain interviews with the Admiral's Clerk,
winch ended in the bringing on shoe • of the
D.•feoilant's sun, and he came home to his fath:v.
Thr i'fainitf was absent silt or .seven (jays on this
occasion.
Mrs. 1/ckuncon, wife of the last witness, and
Inutber of the Plaintiff*, corroborated the evidence
of her husbaoJ about the Defendant's anxiety
shout his son, and his eedertaking to pay the
Plaintiff's expense on this occasion if he would go
down to Sheerness and bring the Defendant's son
on shore, which was 41Weelletordiftry,-11111t not
until after the Plaintiff' hadhoen at Sheerness three
Ile was absent in all seven days."
Mr. Paws, for the Defendant, submitted, that
the Plaintiff, ts.ito was.what is commonly called a
(.rim:‘, ought' to hive procured the absolute din.
eloart:e of this young man, as well as procure for
hint two substitutes, when he hail been paid 381. ;
that the order for the tEseharge at the Admiralty
was complete at tits moment it was homed, and that
all the subsequent caption was superfluous. That
another young man of the tame of Scott came up
at the same time frog' the same ship, and this
young man Scott paid nothing of this sort of after.
charge which was claimed by this Plaintiff for what
was done at Sheerner.
IVllliena Scott said he was a sailor on board
the same ship as the Defendant's son. His dig.
charge was promoted (ruin the ship through the
iutervention of a Mr. Johnson, which discharge
Came from the Part-Admiral, to the Captain of I
tho ship. That he and the Defendant's sun
came on shore together, staid on shore fur a few
hours, and then came•to London ; but did not
sec the Plaintiff at Sheerness, or on hoard.—
That the order for the discharge of the Defen-
dant's son arrived three days befhre he was die.
Charge,'.
The Dercnant's son, whose discharge was the
subject of this action, was called as a witness ;
bat it appearing that he, having had a legacy of
1001. left him, had engaged to-pay all the expenses
of this action, he could not be a witness for his
father, the Defendant.
Mr. GARROW observed, in reply, that it was
quite a mistake to suppose that the offices of
this Plaintiff, at Sheerness, were useless after the
discharge came down, for, without meaning to
say that any bribery was ttecessaryortt, when a
person came to suiicit the discharge of another,
he could nut Lifect his impose, without making
a proper bow to the Port Admiral's Clerk, and
go through a good many forms, of which there
"as no . proof that Mr. Johnson did not go
through, before he procured the discharge of the
young man of the bame of Scott, who had given
his evidence on this occasion ; and it was to he
remembered that the discharge from the ship was
not all that the father of this young man looked
for—he wanted to have him up iu London, lest
he might, after his discharge. enter or be im-
pressed again ; and, therefore) lie submitted, that
the Plaintiff ought to bare a compensation for the
services he had rendered in this case.
Lord ELLexaottoueft summed op the evi-
-Imace, and inclined to think that the spirit
of the contract between this Defendant, who was
the father of the young man, and the Plaintiff's
father, who undertook to obtain this discharge,
was, that lie should do every thing that was ne-
cessary to accomplish that discharge; and that,
upon obtaining that discharge from the Admi.
ratty, uothio; more was necessary to be done to
get the object of it his liberty, than to have it
transmitted to the Port Admiral, where the ship
lay, ise which that person was, in order to procure
his liberation, and for the doing of which, the

expence of Stl. in transmitting *letter by post,
would be sufficient.—" I must prcinme," said his
Lordship," for the honuut of the service, that these
things are transmitted regularly, and that they are
regularly acted.upon ; and that when a discharge
is made out and issued from the Admiralty,
no bargain it afterwards made, with ally body,
about carrying it into effect. I hope and 1 con.
fidentially trust, that when any person on board
his Majtmly's fleet renders, as the price of his
own discharge, two able-bodied men, and they
arc accepted as the price of that discharge, and
the exemption of that person from further ser.
vice is ordered by the Admiralty on that account,
he need not make any bargains with any person
afterwards, fur the purpose of baying carried into
effect that for which the honour of his Majesty's
service is pledged." His Lordship doubted there-
fore, whether any of the service was necessary for
which this Mimed' sued, because the whole of it
might have been accomplished by a letter, and
so the elder Dickenson and his wife might have
told this Defendant ; fur it was highly probable
that they knew the case to be so. Or if the
journey had been at all necessary, three (lays
would have been abundantly sufliciint. instead
of which seven were charged, and the discharge
was not proved to have been hastened; but there
was room fur suspecting that it might have been
delayed by the presence of this Plaintiff at Sheer-
ness. The Admiral and his olerk were bound to
obey the order of the Admiralty. The presump.
tion was that they did so; and he could not, with-
out proof, conclude that they did not. Both the
father and the mother of the Plaintiff must be
taken to know these things, and then this charge
would be an imposition altogether on the Defend.
ant; and he would be entitled to e ♦erdict. But
if the Jury should be of opinion that the Plain-
. tiff's journey to Sheerness was accessary, then he
would be entitled to a couple of days, but not
seven days expence. If they thought it unneces.
sary altogether, then the verdict should
.be for the
Defendant.

The Jury, after anme consultation, found a
verdict for the Ddent

GREAYES 0. WATERIIOIISr.

The Plaintiff, Admiral Greases, had taken four
inside places and one outside by the Exeter Mail,
and had agreed with the Defendant, who is the
owner of the coach, to be taken up at his lodg-
logs at Charing-cross. The Admiral was ready at
seven o'clock, and waited till half past eight ; hr
tlien went to the Gloucester Cotfee-bouse, when
.the mail was gone.
The defence eras, that the Dofentlant had only
agreed to wait at Charing-cress, and not to go to
his lodgings ; hot it was satisfactorily proved by
the Plaintill's.Attorney, that the agreement with
'hi Defendant was, to be taken.up at the Plain.
till's lodgings.
There was a verdict for the Plaintiff—damages
211. 10s. which was the eapence which he had been
put to.

COURT OF CO NINION PLCAS.
Friday, Junc 23.
smogs £T sin rams atroar. LORD CMS? JUSTiZE
am JAMBS MAXSIIIIII.9.

roY V. 111100DIPELL0*.

This was an action brought by the Plaintiff,
who is a ship's victualler, to recover the amount
of a (lumpy of fresh beef, furnished to the ship
of which the Defendant was Captain.
The fact of the goods being delivered on board
the ship was fully proved; but it was contended,
on behalf of the Defendant, that the owner of the
vessel was alone liable to the debt, the goods hav-
ing been furnished.entirely on bis credit.
A man named GriMtbs, who represented him.
self to have been the owner of the Willow, proved
that the goods in question were not only obtained
on his credit, but were actually ordered by him-
self from the Plaintiff. Tie added that he should
have paid foe them but for the insolvency of his
circumstances, having just availed himself of the
benefits of the Lord.' A et.

The Jetry having no alternative, found a verdict
for the Duftsdant.

LEVY V. LAWRENCE.

This was an at ttou to recover damages for an
assault which occarre•d three 'cars sine•. •
The Plaintiff and Defendant were both Children
of Israel, and it appeared that some personal al-
tercatiou took place between them respecting their
respective genealogy, i►ut althmigh disputes ran
htgh, the Defendant had the grace to keep his
hands off the Plaiutilf, who is nearly•tbrice as old
as himself.
Several witnesses were called on behalf of the
Plaintiff, hut none of them could prove that any
assault took place.
The Plaintiff was therefore non-suited.

4DMIR4 LTV SESSIONS.

Friday, June 23.

This day ao Admiralty Sessions was held at the
Old Bailey, before Sir Wm. SCOTT, Mr. Justice
Gaon, and a numerous Beuch•of
John Sutherland was tried for the wilful murder
of Richard Wilson, by wounding kim ih the lower
part of the belly, on the sth of November last,
with a dirk or dagger, of which wound he died
on die 14th of the same month. In one count the
Prisoner was charged with having committed the
offence upon the high seas, and iu another io the
Tagus.
J. Thompson, an American Black, who served
before the mast as an able seaman, deposed, that
about a month before thit fetal event took place,
he shipped with Capt. Sutherland (the Prisoner at
the bar), who was master of the brig Friends,
which was at that time lying in the River Tagus,
about a mile from the city of Lisbon. That yes.
sel was at • hat time in the transport service. On
the eay stated in the indictment, the Prisoner went
on shore ; the vessel had nut hoc full complement
of men ; the crew consisted only of the mate, and '
two foremast men, besides the witness and the de-
ceased. The boy was not quite 13 years of age ;
he was cabin-boy, ur servant to the Prisoner at
the bar. On the Captain's return from shore,

.11”.1•••
there :vas no one on board but the witness and the
deceased ; they were successively called into the
cabin ; the deceased was called down to the cabin
a second time by the Prisoner, and In about five
minutes afterwards heard him cry out, calling on
him (the witness) by name repe itedly. Supposing
the Captain was only beating the boy, as usual, he
took no notice, until the boy cried out repeatedly,
and with more violence. He then went to the ca.
bin, where he saw the boy rolling on the II ►or, ap-
parently in great agony, with his bowels hanging
out. The Captain stood ovet the buy with a naked
dagger in his hand.. The buy aliening his wound,
said, "Sec what Capt. Sutherland has done tome!"
The Captain at, first said nothing, but on the wit.
ness proceeding to go upon deck again, the Cap.
lain said, " I know, Jack, I hive done wrong."
The witness in return said, " I see, Sir, yon have
done very wrong." Witness then went up and
hailed the Elizabeth transport, which lay near
them ; a boat with the mate and two men belong-
ing to that ship came alongside, but they did not
venture to go into the cabin. The witness then
went with them to his Majesty's ship the Planta.
genet, in order to procure a Surgeon, but to no
purpuse. On his return to his own ship he found
the Mate on board. The Captain ordered the
Witness to put on shore to go hunt for i Doctor.
They wont to the English Barracks, hut could
not find one. After walking about some time,
witness asked the Prisoner if he did not mean to
go off (meaning to his ship), to which the priso.
ner answered, " No, but you may go oft if von
like." The witness, however, stuck close to the
Prisoner until they met an English and a Port's.
geese soldier ; witness told them what had hap-
pened, a.nd the Prisoner was conveyed on ship.
board. The witness understood that in the mean-
while a Surgeon had come from the Audacious
man of war, dressed the boy's wound, silo hail
him put to bed. When the Captain came un
board, the Mate asked him how he came to ii,e
such a deadly weapon to the boy, pointing to the
dagger. The Captain said, he would take care he
should not hurt any one Ow with it, and instantly
threw it overboard. The Prisoner was next morn.

ing cutiveyed on board the Audacious, and the
boy was carried to that ship after him. The Cap-
tain did not appear at all convnlsed, agitated, ()-
alarmed at the time of .the witness first going dow,)
into the cabin. The boy lingered under the con-
stant apprehension of death for the space of nine
days, and died on the I4th of November.
Mr. Irvine, the principal surgeon, and Mr,
Bligh, assistant surgeon of the Audacious, dc..
scribed the nature of the wound. The Captain
begged of each of the surgeons separately to do
what they could to save the buy's life, adding,k:
" fur by so doing you may be the means of say.
ing mine." He said that he had committed the
deed in a fit of rage and intoxication, adding, that
he had been robbed and plundered by the crew,
but never said a word against the buy. They
were fully convinced that the wound was the cause
of the boy's death. While the boy was under the
must serious apprehension of his dissolution, Mr.
Irvine took down in writing his declaration, in
which be stated thaitaptaiu John Satherland at I
first gave him a slight wound, upon which the boy
exposed the wound to him, saying, " See what I
you have done to me," on %I hich the Captlin in-'
Aided on him a second wonnd, which was more
desperate than the former. This was witnessed by !
the two surgeons, and attested with the mark of
the boy, then almost dying.
There was anotiver witness for the prosecu.

lion, but it was agreed by the Counsel on bolts
sides, that it was unnecessary to call him. Cir
Christopher Robinson stated the case to the Jury;
the Attorney-General examined the Witnesses;
they were cross-examined by Messrs. Knapp and
Gurney, Counsel for the Priso,ier.
.*
The Prisoner, when called upon for his defeat*,
said that he left it entirely to his Counsel.
Several very respectable men gave the Prisoner
an excellent character fur general humanity and
mildness of disposition, previous to,the p.esent
transaction.

Sir NASU GROSt summed up the evidence for
the Jury with the greatest perspicuity and minute.
neat, laying down the law upon the case as he
went along. He stated that drunkenness or pas-
sion were by no means palliatives which the law
could admit fur the commission of such a crime;
but, on the contrary, that every matt who took
away the life of another during his intoxicati in,
or in his nitre, ought to be anwerable for his crime

in his sober or cooler moments, tudess. indeed,
some circumstance shall apptair to palliate the of.
fence, by some provocation on the part of the de.
ceased, w hich shah chew that nothing like malice
or revenge prompted him to the act ; and by those
MOOS sink it to the level of a minor crime, such as
manslaughter. As to the attempt sat up that the
wound givers by the Prisoner previously would
nut destroy life, and that sufficient skill had
not been exercised in the cure of the wound,
and that for want of sufficient skill the party
died, it never could he admitted for one
moment in doing away the evidence. " For
suppose," the Learned Judge observed, 4t the
wound-had been given in a situation out of all
reach of professional skill, and that the party
wounded had been under the care of the most ig.
oersted and unskilful person, how could Cos do
away the criminality of the party first inflicting
the wound with a malicious intent ? If any thing
occurred in the course of the evidence which could
excite • reasonable doubt in the minds of the Ju.
ry (and indeed he could see none), which could
iud ace them to acquit the Prisoner of the wilful
and malicious intent to murder, they would, of
course give him the benefit of that doubt : on the,
contrary, if they believed the evidence, and saw'
no pretence alleged, even by the Prisoner, or his
Counsel, that any provocation whatever had been
given by the deceased, they must, of course, find
the Prisoner guilty. For even supposing the
Prisoner had been robbed by the deceased, that
could not justify him in taking the law into his
own hands."

The Jury after a minute's consultation, found
the Prisoner Guilty ; and the Presideut,' Sir WM.
Seim., in an awful and impressive manner, ad-
dressed the unfurtuuatePrisuiser upun the heinous.

nesvand enormity of! his rime, him to
make the best ivttB. Strthe short interval of life
which reavaloott for, lane to make his peace with
God by repentant.. 1., lie theit liasscd ipon him
the seutelice Of the law; which w ig, that he bo
hriged at ExecutiolliDuck, on illenelay nett, and
that hts body be aftee*ards given to the b u rgeo us
to be anatomized.
The Prvio,ter heard his fife with escessire
agitation ; rid h retiring from the Dock, was
obliged to-Rave the Support of the attetid.snis of
the prison.
lie has, we underitand, a %.ifti and fire chit:
dren, and k about 45 years of age..
The Sessions were then adliorned.

SPORTING INTE L LIG E NCEL

BIBURY RACES.
TRURSDAY, JUNE 22.
Mr. Goulbaro's Sweeper, aged, Pst. 31h. ngainst Sir C.
Webster's 'lit-sag, 9st. The last mile. IJits. h. ft.
6 to 1 oo Sweeper.—Wna verb easy.
The 13arrington Stakes of 25es. each. lJgs. forfeit, for all
ages, to 0 miles ; three-year olds to carry 9st 91u.; tour-
year olds lUat. 'UHL ; 6,e-rear olds Ilst. 41b.; si:—. ear
olds and aged 11 t. 91b. The winder to be sold for 1.30g5.
If densanded *Min a quarter of as hour, Sic.
Ld. U. Somerset's Waite Rose, 5 yrs, old - - 1
Mr. Rob's Rueebackle, 6 yrs. - - - 2
Sir J. Hawkins's Rui,ario, 3 yrs. old - - pd
Mr. Comlburn's Romeo, 5 yrs. old - pd
Gen. Grossenor's May, 5 viz. old - pd
5 to 2 agalost %Visite Rose. --Good race'.
We. Pandas's Cumbrian, lOst. Sib. agaiast 'Lad C. Steaste-
set's Wiodsor 9st. New mile. 50gs.
b to 4 against Cambrian.-IVen quite easy.
Sweepstakes or 33gs. each. Two miles.
Gen. firosvenar's Ridentan, Wit. alb. - - 1
Mr. 4 ;outburst's Romeo, list. - - - 2
Mr. F. Craven's The laconstant. 9st. 19b. - - 3
6t04 en Runeo-7 to 4 ayeatiahl Ritleotan. A neck.
Hanaicap Plat. of :iUt. New mile.
Major Pigot's Plougn .oy, 6 yrs. old, list. 51b.
Mr. Houver:e's Barb iriaii, 5 yts. old. 11sr. MO.
Mr. Drindues Cambtian, 5 yrs- old, 100. lib.
Mr. Rash's Koeehurkle, 6 yrt. old, lOW blb.
Lord C. Somerset's Cerberas. aged, I la. Itb.
Mr. Goulburo's Rumen, 3 vrs. old, lUst. tlb.
5 to 4 ors tlarhattiats.—tiood nice.
Handie..p Plate ..f '441. New mile.
Mr. Bourrtie's Red-erom Knight, 4 yrs. old, list.
Lind 6. Somerset's Wiodsur, 3 yrs. old, lust.
Mr. Whitmore's Gazer colt, 4 yrs. old, 9st. lilb.
Major Pigot's Prince Bladud. 3 yrs. ul I, 9st. Slh.
b to 2 no Red-crass Kost,glit.—Good race.
Lurd C. floasertee% Winds .r, lOst. 1 llb. received to-feit
from. Mr. Pigot's Monk, 13st. 51b. Red-post, borne. b('.
n. ft.

- 1

4

TO TfIIittEDITOIC OF THE ST/ITES
5111 --••••••••
Whit! many are anxious to express their grati.
tulle to Mr. W•nocx, An I his worthy supporters,
in the Loser H sof Parliament, fur their ex-
ertions is behalf of public justice, there arc others
who, well knowing tar feelings of the public mind,
are still more anxious 10 prevent all public meet-
ings, th.it the people dliy nut have an opportunity
of expressing their sentiments on a late interest+
lag occasion, av is evidmit from the followiug
facts : •

A Requisition was some short time ago handed
about the Olin of fIonsHAIN, by a Gi•ntle.
manj(ta *flora tt was transmitted under a frank
of thooPhite. °iv Curate sea, requesting the High
Sheriff NOT to call a Meeting of the County of
Sussex, for the purpose of thinking Mr. WAR.
DLL, &c.
• 44i4h whom thiperigimrtedy trt• by -whom Ma
requisition way written, I du not pretend to know;
but the parties who aeted on the necation, were
quite in character, and of a description who must
naturi.lly he eeteeniely sensitive to every thing
thatll.lates to ingests-Jr on the subject of public
(thread. TitirGENTLENAtv, during the great.
est part of the PITT Administration, was Deputy
Pay-Master of the Forces, at a salary of 1000!.
,per ann. bat resided Pretty generally in Host.
SHAM, the whole time he was in place. This
sinecure he held under a relation, who, I belie, :-
according to a Report laid before the
Mauve of Parliament,. was found deficient in h
accoant with the publit (long after his removal
from that office) the amount of MART THOU-
SAND POUNDS; which, after a great deal of ex.
planation, or, as it was by some ungraciously
termed, trtivocation, and a confession that he had
applied it for private use, he was at length
compelled to refund—this, to be sere, is a mord.
lying circumstance, and the more so as erery one
knows it, and will sufficiently account. for the an.
tiputhy which the • Gentleman alluded to has
against Inquiries and Public Meetings. I believe,
however, that his relation is yet one of his Ma.
jesty's most Llnnoulable Privy Council, and still
enjoys a snug sin& core of a few thousands per
annum as is avowed ,n that faithful record of
public thrift, called • Red Book.

Whether the nob!, Earl knew the contents of
the envelope which bore his name, and whether
he has also an antipathy to Inquiries and Public
Meetings, Ido not presume to ',risen—it may
possib:y be a matter to him of perfect indif.
ference, as he is well fa.raished with a good
fat " steak" cut from the rump of John Bull.
He has long ceased to butTA the political !pillows
on the boisterous and unprofitable sea of Opposi.
Lion ; and having anchored under the. Ice of the
Post.olTice, wisely enjoys the Waal of 50001.
per annum, pith the dlgnitate of his Peerage.—
Such, Sir, are the high connections of some of
the characters in this neighbourhood, who wish to
sties the public voice, by opposing Public Meet-
ings ; but it is to be hoped that those who are not
profiling by the depredationscodstantly committed
on the public purse, will nut beliferalled on by
the interested
.fez, to forego any opportunity
that may present itself, of expressing their disap.
probation of such practices as are now known to
exist.
I have not been informed what sitccess the Geo-
Heinen met with in obtaining signatures; but I
learn that a Reverend Pastor at Horsham standiat
the head of the list. I
have'for many years knOwn
the ab avemorthy cizitraetkrs mtrit accurately ; and
I can conftdently assure you, Sir, that they arc. to
a man, as rod, stannch Pettit,* as any in the
kingtliaT : and as to their Iletst.tt ! I believe it
was never' once doubted byNwsoll' reasonaittc crea-
ture!! indeed, they are aiNntutejnonopl:aers of
Loy* LTV; atc canarcelv adrhit Oa ally one
posiesses a particle nf,this virtue, who Is not Se'
Nally a " participator," by holding a place ors,
pension. I am, Sir,
Your obedient Servant,
Horsham. Jour 4t, 1 Fta. lIENGIST.

L

•-••--1111.1..
ing him to
ral of life
peace with
ipon him
that he be
nett, and
orgeons
eicessive
)pelt, was
Wants of
fire chit.
7EI
viiist Sir Go
•feit, for all
Ilu.; Wor-
ts. ; ear
Id for 1.545.
- 1
2
Pd
Pd
pd
id C. Sasser-
tsy.
es.
• 1
2
- 3 t.
A neck.
•
t.
3
4
- 5
dr
•
st. - 1
- I
- 3
. 4
re.
aired to-feit
bonic.
"ES ALIN.
their grail.
;upporters,
r their ex-
arc others
iblic minds
;Glee meet-
p'purtunity
e interest.
followiug

'Ol