The Statesman.
London, England, 1821-09-10 00:00:00

Pares. Sawn

came when fir. Slater could no longer delay toenail,*
the securities irhich be.held, and carrying to sale a fish!
of the defendants. The sum of 1741. was thus Obtained;
less, however, than was due to the plaintiff. From that
moment all friendship, attendee, and good understand
leg from Mr. Relabel* was entirely changed, and the
remilt was *Lesions Which they bad to try hese,
That transaction had not long preceded the slanderous
report by the defendant, that * plaintiff bad told him,
that he (the plaintiff) had had ensaxion with all the
married ladies in Appleby, and pirticalarly with Mrs.
Cotty. She had left Appleby, and the defesdant had
taken ednatage of that occasion to spread this report,
particularly respecting her. The object of each deaden
Is erderndly the last who bean them,
but -Mv.,Slater
bend et?. it and he heard at the isle time that Mi.
41101abisk for Idreuthee. Mr.
Slater applied to Mr. Reisbeek. Mr. Reisbeck denied
it, and said Mr. Slater bad said nothing of the kind.--7
He offered to go before a magistrate and make a de-
position that Mr. Slater bad never said any thing
of the kind. He did go before a magistrate and
offered to make oath, but the magistrate said " No,
I cannot take it." Well, Mr. Sister thought the re-
port malicious ; but to his astonishment he found the
same reports repeated, sad Mr. Reisbeck given as the
author. Mrs. Guy was said to have gone away with
child to Mr. Slater. When he found such reports pre-
vailing openly, and spread by this Inn, he toned it
necessary to bring this aedon. If the defendant bad
thought proper to enter a justification, be might Lave
done so. Mr. Reisbeck had said that Mr. niter
would be obliged to go away, for that every respect-
able person was leaving him off. If he had indeed
been capable of doing or saying what was imputed to
him, be ought to be dismissed from Appleby, and
from every respectable society. If the Jury thought
him slandered, he (Mr. Scarlet.) put it to them to give
whatever sum could by their verdict be adequate da-
mages for such a slander; not that the plaintiff had
any expectation that any sum would be paid, but their
sense of the slander would be measured by the amount
of damages. He pet it to them, therefore, to give
what the ease required, because upon that depeutled
the restitution of the plaintiff to society. He hoped
the discretion of his learned friend would not eall any
evidence; but if any should be given, the witness
would be dealt with according to character and credit,
and he (Mr. Scarlet:), would again address them.
Richard Bateman;--1 live in Appleby. On the Bth
of January last I was in company with the defendalt
in the King's Head Inn. hir.isbeck said. bf Ms.
elinfter--," Dr. Slater is • liar, a thief, and a scoundrel,
and * biggest renal open earths far hit MOtt
he bee Keet efetweeveleer with unit of lb. uninillterentett
in Appleby, and with Mrs. Cotty among the rest, foe
any thing that I know." John Atkinson, of the Old
Brewhouse, was present, Mr. Atkinson, the attorney,
Mr. Herd, the landlord, sad Ur. William Resbtoo.
Crossuzamind by Mr. Sergeant Caoss.—There
had bee* previous conversation. It was a subject of
another nature which led to this. There had been
something said inpecting Mr. Slater. There had been
• suit in the Spiritual Ccurt, respecting Mr. Reisbeck's
daughter. Mr. Slater was the man who was the foun-
dation of the action.
Mr. Scattierr objected to the evidence.
Mr. Justice.Bev•ar.—Were they talking of that
suit ?—Yes.
Cross-examination continued.—Was the suit against
you ?—Yes. The ground of action was, that I said
that there had been improper intercourse between Mr.
Slater and Mr. Reisbeck's daughter. I dare say she
was then seventeen. The subject of conversation was
the improper connexion with the daughter of 31:.
Reisbeck. I suppose that must have been ground of
resentment and passion to the father. I had said so.
I had told that to Mr. Reisbeck before. I did not then
say from whom I heard it.
lint you shall now: bad you not beard it from Mr.
Slater ?—No. 1 had not. I named it to him ; I cannot
say what feelings it excited in his mind.
You have heard him boast of his success amongst
the ladies ?—Never to my recollection. I am married.
Did you find fault yourself?—For what?
For his attention to Mrs. Bateman 2-1 bad never
cause.
No, no, yea had sot, bat Mr. Slater always be-
haved well ter her?-1 don't know that he was ever
otherwise than civil.
Too civil, perhaps don't know that he was.
lint you heard ?—No.
He ii rather too much that way 2—l don't pretend
to judge.
Butyou don't pretend to say that he was not so?--No.
You don't think the worse of him for what Mr. Reis-
beck said ?-‘-No. I don't think I did laugh when he
said it. He was in a towering passion. I did not say
to him " How can you say so of so chaste and modest
a person ?" I might name it at home. I did not believe
what Mr. Reisbeck said, that Mr. Slater had either
said or done the thing. I never did complain of his
conduct to Mn. Bateman. lam not particularly hid-
eouts with him no more than other people. I don't
know that I told it particularly to himself. At the
lime, I begged Gentlemen to take nodal of what Mr.
Reisbeck said. I did not ask him In espial" himself.
Mr, Justice Baniv.-i-You say yew mentioned as
Mr. Slater what you said of him and Mr. Reisbeck's
daughter?—Not to Dr. Slater, bat to Dr. Reisbeck.
I mentioned to him that Dr. Slater bad had coon:mini
with his daughter.
John Atkinson, a partner in the Old Brewery, beard
'lllr. Reisbeck say of Mr. Slater that he was a vaga-
load and a scoundrel, and bad told his that he bad
consesion with most of the waded women in Appleby,
most particularly with Mrs. Cotty.
Robert Sienese' met with Dr. &Meek in his own
house in Describer or dananey last. He asked me if
I beard soy Meg emseeraing my friend. I said,
" What frinel r He said. Mr.V*, t that Mrs.
Cotty had been barrows biasing a child to his. He
said be believed it to be ties as it came from the
Keens of the town. He said he must leave the town

"W. I 15W Mr.lteisheek a ray bit afterwards at my
li-use: he then said of Mr. Slater he was a rascal, a

scoundrel,a newcastler (flewca.tle is in Yorkshire)
and wished that we would not employ him at our house.
He said. if be could find the bastard child, it would

help hint on his trial very much. He said the first time
he taw Mr. Heetei In the Castle, he would ask him
about his sister Mrs. Cotty: He said that Mr. Slater
had said, that he bad had eonuezion with all the wow

turn in Appleby but two or three.
Cross-examined by Mr. Wit.t.teats.—l went to an-
other doctor, and before this finger was cut. It is not
toy finger, it is my hand. I have very good health. I saw
Mr. Slater just before I came into court, bet not a word
about the band. Dr. Thwaites is our doctor now. Mr.

Slater and I are often in company. My hand was cut
about a fortnight since. I have been in company with
Mr. Slater since, but not a word about the hand I
have been five or six times in his company since, drink-
ing together. I never take np a glass with that hand,
but always with the right hand. My wife and myself
were advised to go to Di. Thwaites, not by Mr. Slater.
I am the same thing with Dr. Slater, bet on the point

of doctrine (doctoring ?)
Pe-examined.—A Ifitie boy of oars was ill, when I
sent for Mr. Thwsites to attend. _

liv Mr. Justice BactAv.—Before Mr. Reisbeek hag
said this, t heard a report of Mr. Reisheek's daughter
and Mr. Slater having had connexion together. She
was not with child. Mr. Slater is married. 'I he girl
_ _

is about 14, or IS, or 16. 1 don't know how old. -
Mr. Sergeant Otos+ suggested a question as to Mrs.
cn.t les briny with child.

Mr. Justice BATLgY.—No, it is my duty to protect
her character from suffering incidentally.
Mr. Sergeant Cnoss—Whether the witness has not

he oil Slater say so ?
Witness—No, never.
.101 in Richardson, clerk to Messrs. Heeles and Co.,
rati,l, lie was acquainted with Mr. Slater for 7or S
♦ears. Mr. Slater is a married man, and has a wife
'and children. On the `4th of March, Mr. Slater
a•kett Mr. Reisbeck, in my presence, if he (Mr. Slater)
'had ever said a single word to him of
.Mrs. Cotty or
any other woman in the town. Mr. Reisbeck said be
'never hail, and that he would sign any paper to set
mide the report. Next morning Mr. Slater and I went
to him, and then he would not sign it ; be said, he
would have nothing to Jo with it. Mr. Heeles in the
Castle is one of the Magistrates. Mr. Reisbeck said
to me that the report did not come from Mr. Slater
itimseff, but from a certain woman in the town, whom
fir did not name, as he was going to breakfast with
her. I have many times beard Mr. Reisbeck speak of
Mr. Slater before there was any quarrel, but I recol-
lect nothing particular that be said.
Ry Mr. Sergeant Caoss—l heard nothing to that
*effect before The two parties were talking amicably
•et the 2-It)', when Mr. Iteisbeck said he had heard
Mr. Slater say nothing of Mrs. Cotty. 1 left them
tozrther drinking.
Re-examined.—They drank when making k up.
Mr. Slater had asked the to go with him. Mr. Slater
sail lie must bring an action, as Mr. Reisbeck would
not sign the paper.
The Rev. 'Joseph Milner.—Tam vicar a Appleby,
and a Magistrate. 1 remember Mr. iteisbeek coming
Before tne to make a deposition. I wrote that deposi-
tion. The substance of it was given by Mr. Reisbeck.
It was about the 22d or 2341 of March. I stated then
that the magistrates were to meet on Saturday the
2 his, and desired 'him to come then. I theu thought
it uas not a proper subject for an oath. In. the first
conversation he said he was willing to make that de-
position. On Saturday he wished that his arm might
be cut off if be ever heard Mr. Slater ase any such law.
Forge respecting Mrs. Cotty or any other lady. I have'
employed Mr. Slater since.
"The deposition of William Ileisbeek before us. 1,
Wiiliam Reisbeck, swear that 1 never in my life beard
Mr. Slater make any reflection on Mrs. Cotty, and that
the reports in Appleby are wholly without foundation."
Pothergill.—l recollect Mr. Reisbeck saying
of Mr. Slater in June last, that the first time he saw
Mr. Heeles he would ask where the bastard child was
which Mr. Slater had with Mrs. Cotty.
Crass-examined--The suit was going on then.
Mr. George Thompson affirmed that be was a beaker
in Appleby, and recollected a field, the property of Mr.
Iteisbeck;being sold ; the money was paid on the 215th
of April, 1320. It was 170/. paid to Mr. Slater ; I
believe 'I bat stun was a compromise. 1 knew of Mr.
Slater lending Mr. Reisbeck 100/. on the 13th ofJune,
1316, : it was then the mortgage was given.
('roes-exatnined.—Mr. Slater I believe to be a man
of good property.
Mrs. Mosel gave her evidence from the bench. She
is.a married lady in Appleby. Mr. Slater had at-
:teede.l their family. about five years. She did not
continue to employ him. She ceased in February or ,
March, from the unpleasant reports respecting him. ,
-the reports of the nature -of the enure of the action•
,'They were reports which Mr. Stater himself was said
'to have circulated.
By the Court.--Sic had never heard any thing impro-
per respecting Miss Reisbeek. She believed Mr. Reis-
beck had bat one daughter. The reports related to the
married persons in the town. She since employed Dr.
Thwaites. She was very sorry at leaving Mr. Slater.
She had heard others left him.
Several pertains were called to show the age of Miss
Reisbeck, but they were not in attendance. This part
of the case came by surprise upon the plaintiff's counsel.
Bateman recalled.-1 did tell Mr. Iteisbeck respecting
. his daughter, with intent he should believe it. it was
. got generally known. There was mach irritation, a
quarrel between Mr. Reisbeck and me, and 1 threw-this
•in his teeth. I was not the founder of the story.
• Mr. Serjeant Caoss addressed the Jury. As the sub-1
ject was a conversation between the plaintiff and de-
fendant, it Was obviously impossible to explain whether
the conversation did take place, whether there had been
a conversation laving that tendenc), or whether the de-
fendants bad misunderstood something said by.the plain'
tiff. Bat he could not help regretting that the peace
bad not bete made up between the parties in the tem-
perate manner it bad been once expected. Thee* had
been great irritation on the part of the defendant, sup-
posiog that bad suffered. as great an injury as any
human being salad. The plaintiff had obtained coati-
siderable osaltaesi and influence over the defradant's fa-
t with lenders and bor-
ad that be bad suffered

'

• a,

the greatestinkiry, and that the plaintiff, Vad Indletegil
upon him the deepest waund—that Li hid debauched
his daughter, his only daughter of the tender age of 14 ;
and there was Bateman to his face, ready to say it
was fact. [The Learned Sergeant entered then
into a minute criticism upon the circumstances of the
conversation.] " lie is a liar." " Yes, for 1 don't
believe that be hat debauched the women of the town.

I suppose, one otitis boasts too is, that he debauched my
daughter." The defendant, in cooler moments, wished
to make up matters. " Well, I was angry ; let us forget
and forgive." But Mr. Slater would not be satisfied
without a signature, knowing that such a trial as this
would not be complete without a signature. But Weed
rcripta mond, and Mr. Reisheck did not choose that he
should in after times be exhibited by such a document
as an infamous slanderer. Well, the damage sustained
by the plaintiff was the want of the signature. With
that he would hare been satisfied, and that was a pretty
good estimate of what be thought his damage. There
was, besides, the witness with the sore hand, drinking
ale with him whom they were to believe he had turned
off. The defendant, therefore, was entitled to their ver-
dict; but If it should be otherwise the lowest damages
would be adequate to the injury sustained.
' Mr. Justice BAILIM—It had been argued that there
was a malice; but they were not to look into motives.
If there was injury from the words spoken, and if they
were calculated to injure, the defendant was responli-
ble. Would it not destroy the practice of the phintiff
as attending ladies, and particularly married ladies, if
he boasted in the terms imputed by the defendant ? If
the defendant heard imputations respecting his dangh-
ter, his feelings as a father would naturally be roused,
and le would be put off his guard. This effect of irri-
tation he ought at some future period to have elides-
roared to correct. The imputation on the plaintiff was
a very strong imputation, and if filytet very foul im-
putation. The bringing of tbis act* was a challenge
to the defendant to prove it. He (Mr. Justice Bayley)
shonld be happy if the effect rbotthl be to remove from
every mind the impression which the slander was calcu-
lated to make,and that the plaintiffshould be employed
.as before, if his general conduct was correct. Yet
cautious delicate ladies might naturally shrink from
employing him, for fear the busy voice of scandal
might touch their fame. Mr. Slater had done all that
a man could do. In estimating damages, they would
not entirely overlook the situation of the defendant,
but they would look at the situatioa of the plaintiff.—
Damages, 501.

THE LA-QUEST or THE JURY.

(FROM Ttta BRISTOL MERCURY.)
On the body of Francis, has been returned "wt Lr
mynas& ;" but complaint is made, and justly, that
every possible difficulty has been thrown in the way
of identifying the persons of the guilty. From the
accounts which have transpired, who, that has the pro-
per feelings of humanity, but must shudder at their
perusal ? who, that has a just regard for the charac•
ter of his country, but must feel humiliated ? who,
that considers that" by Justice Kings (oeght to) reign
sad Judges decree judgment," but must be shocked as
silerospi.ets which such horrible precedents unfold ?
One thing is certain, and received as a sort of axiom
in the geperal administration of justice,—that guilt
ONLY seeks concealment. If, in the present case,
the petpetrator of the bloody deed had been autho-
rised to do what has been done, and if those
who imparted that authority did so under the
sanction of law, the inquiry would have been met
opealy, and have been justified by law. Of the in.
.stigators of this tragedy, may we set say, in the words
of Lord Bolingbroke, " Laud and others endeavoured
openly to lop the branches, and cut down the tree ;
bat these men are privately poisoning the root of
hefty.* Yet, amidst the grief and apprehension in-
spired by such acts, it is Some consolation to recog-
nize the-justice of the sentiment of the Poet, when he
soy,—
" He, from whose hand alone all power proceeds,
Ranks its abuse amongst the foulest deeds,
Considers all injustice with a frown,
But marks the man that treads his fellow down."
It is not to be believed that the Life Guards would have
acted as they did, either at the Queen's funeral, to the'
witnesses who attempted to identify them, or on the
day of the intermentof the unhappy vietintsof military
execution, if they had not felt that they were acting
agreeably to the wishes, or the orders, of their supe-
riorr. There is a recorded verdict of " WILFUL
MURDER" against a British soldier, on the oaths of
fourteen respectable citizens ; and not only are the
most anxious and disgraceful efforts made to screen the
criminal from public justice, but the military are suffer-
ed to insult, threaten, and abuse the people who accom-
panied to the grave the remains of their slaughtered
countrymen. after this verdict had been returned.--.
' With indignation and anguish we contemplate the fast
ofi tbrsoldiers occcupying the feet path—itelke'retifte.
of the people from Hammersmith,—these very soldiers,
against one of whom a verdict of " Wilful Murder" had
been retarned.—Thi, whole of the narrative of the
interment we recommend:to the most attentive perusal'
of our readers, as one peculiarly and deeply affecting,
—as one which will be read by posterity as.'one of the-
most interesting pages recorded in history; but, motel
than all the rest, we would point out to the notice an
remembrance of all, the electrifying accounts which the'
London Papers contain of the sunduct of the military,
—their resistance to the repeated requests of the High-
Sheriff :—that offices's application tooled answer from.
the commanding office, of the soldrrery ; and the sub-
sequent *unravel:9 treatment to which, as High She-
riff of the County of Middlesex, engaged in the per.
formica of his duty, in the vain attempt to maim
the King's peace and to protect the people, he was sub.
jected from a lawless military force. rushing like a
tyger from kid**. To our then unheeding country.
men we have said long ago, " Beware of military W.,
beware of an immense standing army, which is devotf.
isg. at present, the hard-earned pittance of indels..
' tigable industry, and wbkh threatens at SOAR future.
but not distant period. to teaks a sure and ormolu
wreck of your remaining liberties, unless the virtues
of the citizen osmoses the esprit is corps of the sol-
dier, or unless another miracle is wrought foe Yogi
deliverance. Now, that we are beginning en reap the
baleful harvest of Ministerial misrule, it will be men
,that our judgment was not perverted. our appreisen.
sion unfounded, nor our exhortations to timely cantles
unnecessary. • a •


lATES'

A:v.

ELECTION OF.V4GISTR4TKS4T

f eswrcti, Sae*. 9.—A most unexpected and extraor-
dinary election contest for the magistracy, &c. of fps-
wich, took place here yesterday. The emancipation
of the borough from Ministerial thraldom, which had
commenced last year by the election of Messrs. Len.
nard and ffaldimand for Members, had been, as it was
supposed, completed in September, by the election of
a popular Magistracy, on which, with a greater num-
ber of voters than bad ever polled before, the M inisterial-
ists experienced a greater defeat than on the first oc-
tagon. It was not, therefore, expected that at this an-
nual election for the Magistracy, la. the Bth Septem-
ber, the Ministerialists would attempt to bring in any
of their party.
It however so happened, that the great zeal and ex-
ertion which had been shown, and the enormous ex-
pence which had been encountered in the cause of in-
dependence, by several of the non-free resident in!ia-
bitants, bad caused them to he considered by some of
the independents es worthy of the presentation of their
freedom I and the defeated Ministerialists, having un-
derstood that there was some such measure to be at-
tempted at the Common Hall on Saturday, forgot the
nothingness to which they had become reduced, and
In the self-conceit of former important*, they last
Thursday sent a message to the Committee who had
the management of the affairs relating to the inde-
pendent interest, stating. in effect, thatprovided they
would disavow all intention of attempting to make any
honorary freemen, they wonld not oppose them in their
measures' with respect to •the Magistracy on this oc-
casion.

Instead, however, of the independent Committee
complying with this species of dictation from their op-
ponents, regarding their own proceedings, respecting
which an instant answer was immediately required,
they, or rather two or three of them, for there was no
time given for the Committee to assemble, returned an
answer, something like a defiance, which in effect told
those presumptuous men that they were welcome to
do their worst. And now, 24 hours only before the
election, the war began, in which the Ministerialists
blindly proceeded, till they endured the consequences
of their temerity.
The independents, apprehensive of an attempt at a
surprise, had, without any particular invitation
to individuals, signified to the regular half-
yearly meeting of London voters on Tuesday that car-
riages would be provided for a limited number, on
their presenting themselves to undertake the journey
to Ipswich ; but now that war was actually declared,
canvassing commenced- on both sides, and each party
put out their strength, sending for voters in all direc-
tions. within a hundred miles of the spot. The day
arrived, and the first officer proposed was Sir Robert
Harland to be High Steward. in the room of the Earl
of Dysart, deceased. Here the Ministerialists, confi-
dent in the strength of their hero, brought forward the
Duke of Wellington, who had lately been presented with
the freedom of the Borough, in consequence of his
prowess, in having heretofore conquered all who had
ever been opposed to him. But he was, on this occa- ,
don, a conqueror no more. On the contrary, at half-1
past tea at night, when his advocates resigned the
contest. he was the lowest, while Si► R. Harland was
declared to he the highest on the poll, the latter hav-
ing 401, and the Duke only 326 voters. For Bailiff
the Independents had—
Sir Wm. Middleton • ••• •••31*
Mr. Heckamp ...105

soli)+, as was geserally the case
.sewers. T4edeigsdant was tol