The Statesman.
London, England, 1820-03-11 00:00:00

VICE-CHANCELLOR'S COCRT. Mimics 10.

COORS •. 11111VAT-LAKI TIIIIATRI.
This past, which was to have come on to-day, was
postponed by mascot of all parties to meat term.

SSISX ASSIZES, 11411C119.

CIVIL SIDE
NAM IVIIWSTII. ItMa. •. 111111W11.1. £U SMOOTIT.

this was an action for a libel. The declaration stated,
that before the grievances committed by the defendants
therein-after-mentioned, the plaintiff had been insured
in the Essex and Suffolk Fire Insurance Society, for his
house and premises, and that a fire having happened
thereon, be had received a compensation for the same,
from the said Society, and that the defendantaseentelehtx
and intending to Injure him, &c. published a malicious
libel, of and concerning bins, imputing that hr had
falsely stated his loss, and had received a greater com-
pensation than was fairly due to him, from the said
!..)ciet v.
defendants pleaded, first, Not guilty; and, se-
cond, a justification, that the supposed libel was true.
The plaintiff replied, that the defendants had pub-
lished the libel of their own wrong, on which issue was
joined. The damages were laid at ii.lloo/.
'lbis case excited very general interest in the county.
on account of the opulence and respectability of both
parties. At the last Assizes the cue was tried, before
the same Learned Judge, but the plaintiff was nonsuited
upon a technical point totally independent of the merits.
The Court of Kings Bench baying granted a new trial,
the case now came on to be disposed of upon the
merits.
The cause was called on yesterday afternoon about
one o'clock, and after the Court had been occnpied un-
til near eight in the evening, the further proceedings
were adjourned until this morning, when the trial was
resumed, and it did not erne to a conclusion until about
four o'clock in the afterioon.
Mr. Or OMIT, Mr. WAI,FORD, and Mr. BRODRICE.
Wrradpf the plaintiff; and Mr. BIANITA TT, Mr. deport.,
Mr. AJPOL.FIiFI6 and Mr. Currev, for the defendants.

a respectable Magistrate, residing
county ; the defendants were also
station in society, and were Di-
.... and Sofiolk Fire Insurance Com-
business of which was conducted at
defendants were neighbours of the

plaintiff In the month of September, 1813. a fire bur l
pened at the farm of the plaiqtiff at Halsted, during his
absence, and consislershle naisehief was done. The
premises had been insured in the Essex and Suffolk Fire
Office to a certain amount on each building, ice. but to
an animal much less than the injury enstained. Nett
day Mr. Butler, the Society'e agent, residing at Chokes-
ford,went over to the farm, for the purpose of estimating
the amount of the loss, and upon his report the Society
paid the plaintiff the sum of 41111. (ill. Gil. as a furl
compensation for the injury be had sustained upon each
of the buildings, and the farming stuck and utensils in-
snred respectively. The total amount of the plaintiff's
loss was stated to be rather more than 1,71411. At this
these the defendants were on the must friendly terms
with the plaintiff, and Mr. Isaac Sewell, the sou of the
defendant, Mr. Sewell, nes clerk to the Deueh of Ma-
gistrates at Halsted, having been appointed to his si-
tuation by the plaintiff. to the autumn of the year
INK no doubt was entertained of the fairness of the
plaintiff's claim for the loss hr had sustained ; but in the
mouth of September in that year, Mr. I. Sewell haring
married a daughter of Mr. Daniel, au attorney, of Co.
cheater, with whom he was about to enter into co-
Ipartnership in business, he was desirous of disposing of
ris professional practice at Halsted, for which he had
agreed with a professional gentlemen at the price of one
thousand pounds, in condition that the latter should
succeed bias in his office of clerk to the Bends of 31a.
eirtrates. The plaintiff having refried to nominate the
Fentleman proposed as a !ttert-,ter to Mr. Isaac Sewell
in that other, the treaty wall broken off, and c.onne-
quentiv the latter lust the atm.-cur for which he had
stipulited. To this eirenutstance WAS ar.criheil the feeling
of hostility on the part of the defendant, Mr. Sewell,
which produced the libel in question, for, subsequently
to this twriosi, the defendants, and Mr. Isaac. Newell.
who hail also her a I tirec:or of the Fire-office, caused
an inquiry to be made into the cirennottatme I.f the plain-
tiff's tire, nisich had happened in I'+l3, and after various
discussions on the subject, the defendants in the melt
sent a letter to the plaintiff, ell the •26tle of January,
Ixl9, signed by tooth, calling upon him to answer cer-
tain acensalihms touching ti.e elaint t..r 10/421, which he
had loathe, and using strott,;. t..ruis of reproaels, accusing
hint of dishonourable, hol.air, and 11.411111 th-is: conduct
towards the Society, in having recei,eil sums it money
for partienlar items specified, to tt birti he s: as not en-
titled. In a snits...lto-IA rot 1111 l unicatton, they sent him
in the particulars of the objections to +host'
their rea .ins isley they ought not tat Ilaye bern allowed,
and requirict.: him to 'defend his cornier? I.t.i ire the In.
rretor. of the Societe. The plaintiff a. nt au answer ex-
pressive of mettle itt:;ignation at the a! ensatto n brought
against him, refcrling his cmoltict to the most strict
scrutiny. 1 t was stated ..- tine of the mastics :mounding
for this emcaorditsarc fo!' ::11't Of the tlei'entian:s, that
they had derived their information intuiting the alleged
fraud of the plaintiff, front a ,lis.-ar.ltd bailiff of his
named !Veleta:an. who had since be. ow. a servant to a
lady to ell the 11Creill!;.11t, Mr. S Iby, teas trustee
and brother-in-law, and %sloe had repeteetlly used threats
ton arils Isis late master. To sit, w the msictr s with
which the libel in question was published, it was proved I
that 'Mr. Sewell hail pnbliciy alien at or read copies of the
paper to different cumpailie, of to-moot to %shoot the
plaintiff was known ; had sent copies of it to friends ut
the plaintiff, and other:, atm had even in a public stage
coach brought the plaintiff's supposed fraudulent con-
duct into conversation, amongst persons strangers to
hies, and before whom he accused him of fraudulent and
dishonourable conduct totvards the Pire-office. Mr.
Sewell was stated to be a Auptletaati of eons!
*telephoner, although Ise haerWrOuteljt "up a
twelve children. This was the tsalW* at the plaint a
case.
Oa the part of the defendants there were three I
eipal grounds of defence relied upon: first, that the sup-
posed libel did not arise from ally malicious motive, but
purely f the sense of duty %%bids the defendants, as
Dire! tors of the Fire-offre, owed to the Society, in call-
ing upon the plaintiff to explain the particulars of a
transaction, with which the defendants here not Ac-
quainted instil the matter came officially before a public
inciting of the Director., to consider of a proposition
for assimilating the mode of insuring farming-stocic, to
that adopted by other Fire-officio, u turn the affair of the
plaiutiff's fire was investigated, and was found to con-
tain circumstances of strung suspicion; second, that in
point of fart, the plaintiffs claim t.iol contain enumerated I ;
stems of demand fur loss to which he was not entitled,
no such losses leaving been sustained ; and to prove this
part of the case, a volume of evidence was adduced, arts
of the witnesses bring Newman, the bailiff, already
mentioned: and third, that the deft udaut, Mr. Smoothy,
could not be answerable fur damages in respect of
any aggravated circumstances in the conduct of his co-
defendant, and consequently as this was an action for a
joint part,. the damages must be cootiued strictly to the
supposed libel.
Mr. WaLronu addressed the Jury in an animated and
eloquent reply.
Mr. Baron tianaow summed up the case for the Jury,
'and directed theta, that if they were of opinion that
the plaintiff was entitled to a verdict, they could not
distinguish between the rase of each defendant, for in
this form of action the injury of one•was the injure of
both, and the amount of damages they must settle. be-
tween themselves. The condurt of the defendants col-
laterally, to the publication of the libel in question, was
only-to be received in evidence to show the temper Or
mind and the motive with which the libel was published.
Taking all the circumstances of the ease into considera-
tion, they would tit such damages as the east seemed
to require. Hie eiship pronounced the libel to bees
gross in its terms as it was well possible to express, but
Iles Jam were also to Ibrus their judgment of the whole
cue, slit was laid befog them we both sides. . •
The Jury found their verdict for the plainti
stages 2,01101.

We understand, that at 'he York Assizes, which cons.
tnenced on Saturday lac, that the witnesses in the hap
portant case, the hang iinnt and others fir a
conspirarv, are ordered to he iu attendance curly in the
morning of the 13th inst.—(.Uane/tester &Thuile
Herold.)
The Assizes for the county of Cambridge drill
commence on Tuesday next, before Mr. Baron tirahans.
There are 21 prisoners for trial; their offences, how-
ever, we understand, are not of a very atrocious natare.
The entire amount of property destroyed by the late
dreadful fire at Chatham is estimated at 100,11tHIL, of
which about 10,1100/. are insured in the Hope, the
Kent, the Norwich Union, the Plicenix, the Eagle, the
Sun, and the West of England, amongst which the
largest loss will fall upon the Hope, and the least dpon
the West of England.—(Chatham Paper, Mardi 7.)
Exmostom or FIRS-WORIM—On Saturday morning,
about nine o'clock, an explosion of fire-works took
place in the attic of a house in Church-street, Birming-
ham, which blew out the windows, and so dreadfully in.
Jared the maker of them, named Underhill, that he was
conveyed to the General Hospital in a most daemons
state; hut we have since beard he is likely to recover.

An inquest was held at the Iliddlesex hospital. be-
fore TOWAIMS STlll.ll‘6, Esq. on the body of Henry
_Wil•
Haws. a child two years of ere, who was scalsiod to
death by falling into a tub of but water. Verdict... Ae-
citlestai death.

THE stkikintA.

NED' ISL.INDS DISCOVERED.

-..11/..-

POUCE.

attract of • letter from Arend S. De Payette, on a
voyage from Valparaiso to Calcutta:—
•• On tie evening of the 17th of Slay, 1819. one of
the people discovered a large fire. We hove-to until
daylight, wbeh another small low island appeared abou,
five miles underoar Ire; we passed it dose; it appeared
clothed with cocoa-not trees, and doubtless inhabited.
It is singular that Commodore Byron continned in the
same parallel of latitude until within a short distance of
the easternmost group (for so at daylight they both
proved to be) and then steered to the northward; and
Captain Wallis passed shout the same distance from the
westernmost. To the former I gave the n nue of Ellice's
liroup, in honour of my friend ; and to the latter
my officers and passengers gave the name of De Pev-
str's tinny lies in long. 1140.5-1. W.
lat. M. IV. S.; De replier's Islands, ly I. 43. W. lat. t.
5. S.; discovered on the 17th and I'th May, IMI9. The
longitude is deduced from lunar (Ornery:lnuits taken at
the time, and two chronometers I.Xletly a ,reeing. lam
thus particular, for the infornue:As uf any %rho may fol-
low this track front Chili to India."

"'!►

Youn• Daownen.—Yrsterilay morning, the 6.1.
a table looking man, about torte years of ar
fo=t7rowned hi the excavation of the ItegraeaT'lN
near Battle-bride. The hody was rms,,,rej
Maidenhead pnblle-honse, for the Cornis 1,44
He had no money in hi.‘ pockets hut one familia&
any thing leadi to a discovery of %rhos as ,
a paper, on whi ncg h
was written Ire words, 6. talian,
I)yer. lie also had a bred-awl in his poeket, !stio,
led to a snpposition of his being: a carpenter.

IGIRTIIS. -
yesterday, at his house in Bedford-square, the tit
of
Aildrew Npottioroosle, of a Ilaughtrr.
On the Bth instant, at 'lambi' hn, in ilaupshir,,
Lady of Francis Morgan. Esq. of a
On the Nth instant, the Lady of Jus. Woodheati, L.
Navy Agent, of a son.
On the Sth instant, the Lad! of Thomas Smart, N.
Hackney. of a son.
On the Bth Instant, the Lady of John Sawry i.pef itm.
of a son.

On the 9:li instant, James o!.!hros Oldham, of Itippli
place, Rumell-square. Ertl. to Irs. Quintla Croak'
Bellevue-piece, Cheltenham.

DIED.
On Wednesday last. ht George-street, llanmer--
Jenaitna, the wife of Thom% 'rat' ot fluting tor,
forth-house. hin.cu'a Tuat,, Lai .1 of G. od Hope.
Oa Monday last, at I!. It. C 4 Jett's, Esq.
near Lincoln, Jdta Dente E.q. of Tr"
Kent.

On the ith znopit. at 1!....; 1 .n. nat II tise
the late Mr. Itobcrt Forma. 01 !..utit Lasehrl4.
Mrs. Lambert. wife of lantEvrt, Esq. of Leta
In Meath, brothrr of ire tote (*winless of Ta!ltat.

Non rst there stet vitere whs.—Mt RS: %L.
•• Life ottt *toe* hi, sit.: 11..311%**
. .
THE systtun of 'Astir, is to cs.alitidt
due bounds. and taus to reoilate the Pa,skitis;
strained and Lisa:ea:Comic. the)
barriers wlll^ll lioralits hale wale sacred
curb, but not ennittits.e t! appears the Irssas p'
dunce, best calmelated to limit their eat rsesteare.
F:\erc 4isorgastizat:os: ol the human triune r...ptires
medic-al knosrledt.e to r-is:.• is. as(l the poliii.. w ',fare's.
muted when prolet,sitor.sl men (:iisregaisti.tg sac rAggedion
of the eas t. us and luiero,,t• t) net etc tle!r AL,3411 Io 11114 MS
moo of ttio•o: Kt.:Writ:eta hs impritthnire.• -
eballition of filo at au 1;1103r:h.:I momPst. _
strength of a nation coo i is the health of :;te propiEnsi
it is melanel ols te WI the daily sseri!!?e to tse'
rimer of onfeel:ux rt.tp lieism. anti to rusitterari,.ar,..
pow:lisle. its f:trther r,•l sTes. we offer to satteriatt itamisk;
the result of our wan experience. in the various dabif
Tar solitars vier (ctriy serjor4
se;1001, heron. rea•nti ;ins asserted hterriani user
I will. in euntrairlatinx his powerless stJte. heesuassasso.
ble of enlist• sel.stivtis. in knowing that' t.,e laser
plicand s;lite 01 exhaustion tiny t r roosed lath manly,'
latrti s:ndy —immoderate anxiety—long resi.temel
0;111 climes, rill of COMM**, mil: rreql.e3q)Adtast
Oamp. A otos M 4. 41:1: 5111.4 I.llinfn we ran bold edam
sc.rauee of re-••slint.tiou, remedies which hate blew
Isilvered the I:4ll:.Tint. hopes ul Patients of both Setts.
That bane to human happiness. Li WA VI% ItnEk OS MI
be treated fearlessly ; the tasprosed Mate of nsedicalaimit
has inx slit ritt...l its ant Wane of those distressias prepedes
that so long ren.kred its exhibition nacertain sad asandsp.
We bc,‘ explain uer method by obseryiag to Pathan ts.
',outing utt I•st Psis malady, that a few slats ody rt.
quire(' for the removal of est ly symptoms; tint de
Yetorate cas: will yield te our remedies within a
that in a person who only suspects ntureelf inj
SSW maybe preveatedaitogetber from
remark appliti to unsay other denote
tier system. as *rsk.tess. ulteratiorts.air
tares. obstimete ruses of are daily
fireuse of caustic or ,rassa:2b some
tat to the sollcr sex e not escaped oat a rtiet
minions', combined with Amy. hare, i_loitiss
usually adopted. in gee. oar spite*l Wink
energetic, and amine My asteeessfhl.
Educated to this oar native city. schooled
Minj,
clonal attainment its splendid Meglical.ebs
hiving been able. personally, to compare trustthe idritish surgical practice with the Contineatal.
tensions to superiority (ill a branch we have
matured by experieace, which is evinced by Cie
cations we receive, et en from distant ::oun;rics.

006 d mod Co. N. R. C.Swpeo
Is. Roeveriastreet, Fleet-street. Loud....
*** For the generil accommodation, we de net Melt rer:

selies to 'We'd periods of practice. bat may be cowshed
at all reasonshk• hours.-o,untry• Patients arc reiliritd le
describe ininately their aysaptmcs. &r. when Mr,lifigiNtlik
Advice, wilt be iniasediately forwarded to may part el de
Kingdow.—A Bank note is expected to aceowpacy 14
ease.

Just pnblivised (Tenth Edition),
TIIE MOM of LIFE; a fautiaar Commentary on dr
above Dlseasov.—By Go4s and en. Addressed to the Teeth
sad Maturity of both Sexea. May be had at U. Mr
sorter-row ; PrII-Mall ; t&, Gerrard-street; 174, Mat
street ; sid or all Booksellers. Pries be.

PRICE OF HOP O.
MIMS.
L... 1. d. L. a.
List - • S 4to • 4 Kest - - - S
Sasses - - 3 oto3 IS Sussex - - S
Hem - - - Za oto ♦ 0 Essex - - S
Farelseet. second. $l. Ilk. to . S..—Fite Si. 10•.
Fergie' Pockets, M. to Ml.—Doty. 1144,0731

I".

lid.
113 d.
lad.

•

I 'lite plaintiff was a
at Halsted, is this a
wen of a respectable
rectorate the Essex
1 pant, the official bus
Colchester. Both de
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