The Statesman.
London, England, 1823-03-11 00:00:00

COURT OF LX/MMON 'PLEA Mica b.

Whenever statements statements Mat are erroneous' Or pr!••
Yitdicial to the interests of individuals, are circulated
thiough the medium of the Press, it is the duty of...?iews-
papiW Editors to adopt every means in their power to
remote an nnjnst or unfounded impression from the
minds of the public. Feeling the propriety of acting
thus on the present occasion, we are induced to publish
the-foleveing report of a trial, notwithstanding that some
dip' have elapsed since it took place; for the disadvan-
tage lof delay is nothing in comparison with the good
first. may be effected by rescning from imputation the
character and reputation of honourable men.]
-LIISEL.-...-11ACINTOSI1 AND ANOTHER V. STREET ♦ND

ANOTII El.
31t. Setitallt V tUGIIAN, for the plaiptif, said this was
an anion of libel. The plaintiffs were ship-owners, and
the defendants the proprietors of the Courier newspaper.
he character of the plaintiffs and their prospects to life
were subject to be consulerahly injored by such a publi-
'anon as the libel in question. He admitted that the duty
Of. an Editor was delicate and difficult ; but if he pubs
lisbed a statement calculated to inflict an injury on any
individual, and then, instead of retracting or explaining,
be came into Court prepared to jus.ify every word he had •
written, be must take the consequences of his own con-
duct. In such a case stood the present defendants;• and
the fitly wotild teach them by their verdict that an at-
tempt to.prove the truth of a libel would, if -it failed, re-
coil on the bead of those who made the attempt, and be
cirlidered_as an aggravation of the miginal injury.
The defendants' property its the Paper and the. fact
of pebliration were first proved. The libel was then
grad. It stated that the plaintiffs had procured a great
number of individual. to embark in a ship belonging to
them, esPed the Hope,- for the purpose of proceeding to
Van Diemen's Land ; that the vessel did not set sail un-
til above a month after the time specified, by which the
passengers were most grievously inconvenienced; that
when the vessel did proceed on her voyage, she was not
stifficieutly victualled; and finally that she was unsound
and•not seaworthy; it then proceeded to state, that the
tillipencountered a gale in the Dir.vns ; that she put into
Ranisgite Harbour, where she was seited for having more
than her proper number of passengers ; and that her un-
soundness being then clearly ascertained, the voyage was
determined, the passengers left to proceed as they
cook; that their destitute situation was represented by
Sir Ina. Curtis, Mr. Warne, and other gentlemen, to the
Government, which most generonsly ordered a vessel to
convey them to Van Diensetes Lana free of expense.—
This!' statement was headed by the words—" Caution to.
Emigrants."
Mr. Rich. Harvey was called to prove the soandoets
of the Hope; he saw her previously to her voyage, and.
conajdered her perfectly seaworthy. Messrs. Mall and.
Davison had stippfled the provisions, which were of the
best kind.
John Forsyth. a ship joiner, had built new cabins and
fitted up the decks of the Hope previously to her voyage.
His bar amounted to 4131.
!WC...Gilbert Mitchell, surveyor to the underwriters
at Lloyd', had rated her class E. 1. She Nis perfectly
seaworthy ; she was sharp built, and would weather a hea-
vrieet; lottwas liable to greatet injury than another ship
IF itteiatichett the ground ; heeconstruction would not
permit her to do so without considerable delouse.
fitr. Lenten& a ablpivright, bad been employed to re-
pair the Hope, after Tier return from Itionsgate. She
was a perfsctly sound ship, althopgh she had beets much
idjored in the gale; her tifish?rs were sound, but some
of het planks a little-worm-eaten, especially in parts where
thetepper had been rubbed- off by her striking on hard
ground in Ramsgate harbour..
Crass-examined.—Tiinber would become worm eaten
in-i few 'days in some climates, but not in England.—
Tbe /tope was a weir Brunswicker ;Lithe hid been ori:
&ally min fastened, but copper fastenings had subse-
quently been put in; her iron bolts were corroded, but
her attire' fastenings. were eifeellent.
Kr- 13 eit;ge .Harrison, secretary of the Treasury,
ptirid.that'he had written a •lettee to the Customs, by
onfeeof the. Lords Commissioners of the Treasure, di-
recting that the passenger/sof the Hope shoidd be coo-
veyed •free.of -expense to Van. Diemer's Land.. This let.
Delfts founded on some minutes laid before the Lords
Confinissioners, who had also directed the restoration of
tbeithio to the 'owners.
Williamn Wright, Jonathan Blanchard, and Thomas
FicTding, tam insployMl under Loveland, 'spoke to the
militant-as of
.the vessel's timbers: some of her planks
w .re worm eaten, but not io Much as to make her unsea-
worthy. . . .
Mr. Thomas Hill, a ship-owner, had inspected
the•llape before she was purchased by the plaintiffs,
which was a short time preCiously to her sailing for Van
Ditinen't Land ;7-he thought her perfectly seaworthy.
• Chlirles Stuart Kermack was the mate of the linpel
wifewslse sailed in 1821; she was perfectly seaworthy ;"
• the provisions Were hrbogbt oo board and examined by
the,captain, owners, and passengera:. there was an abun-
dant fll67(elley of them, and.they were very good ; the
yistage generally occupied from 70 to 119 days; the pro-
vastoos were sufficient for a coyage 4170 days; in the
Doj•na the Hope encountered- a Very severe gale, and
while in it a brig ran athwirt her, and injured her very
ropiiiiieribly; both the plaintiffsindtheir families were
orOboard; the cargo was taken out at Ramsgate ; while
the'spiiiengers continued on board there they lived on
the sbip's provisions, some Of which were now remaining,
and Were very good.. .
'i,jiviss-exammeil.-11.'he whole of the cargo usiiht
be
isbatit 120 toes; it wits afined in the bold ; it could not
inconvenience the passengers,- - •
*tiers' witnesses then, proved, the OanOty IQ quality
of ilikProehdois fuenieked...
• Wade /leered the . 1 iiiMing4iniii'eet ac63o"
isolations were very good ; if b:had'etiseived-angthisig
improper in the number pf ber.pastwanern, vsi in. tba‘me-
thy:t of stowing Iseteargo, Ire fbAptillave cleared
her; 'to compliant, were made to at he mai;
.fimi to the satisfaction ofttbe parties. . • •
l~r. -N. Itonbidliard had made reppri.rif ;tie ship by
.order of the Customs; ahe bad. 269 tons otcpace,' which
'unused for 134-passengers., ,
'Mr. "flurry had 'Yetn.etdployid by the Underwater; at
felaid,'s to Burial the ;hip ; he thought her seiwortliv.
Andes his report the chum of the planntiffi had been a -
jtiateil.; the passengers made little or
.no complaint until
'informed them that they wield he liable. to.gsmerai
.*Verage on the loss. • . . .
• This was the case fot the plaintiffs.
&leant Cans addressed the Jolly in: behalf of the des
lee`thiiits. and called Sane:witnesses in justikatian. .
• life Sergeent replie4 at great lenic.h.; aid
iaidetheiting. of the 'cam was, not taken out; and,-one
lerlive ground
.of acc.usathies, namely, the issperiiiiis of the
moral character of the pleintiffs, la stating that they:bad'
broken their engagement to. carry a certain number .of;
,persons to Van piemen's Litsil, and hid tiegletted to tnise
a sufficient qsantity of previsions en heard, remained
isntouelitid. None of the charges-curdle record had,bieo
• inslified and met iv the bold manner that they,ought.
.10it.it been mfficieatly proved that tie prOyisions were
qnality ? . pad aj been. shown that they were not
stifficient in point of quantal-, atid that -they did aof laic
fur live weeks titter the vessel was taken into Kanismate ?,
* 'He answered in the,negattve.; indeed some of theiproei.
{joss were note in COW. Hey-sited the Jury um the'
Whdle case, whether they thought file defendants were
justified is publishing a statentebt fraught With so much

*jury to the ititcstiits;titiol'sucts wretched 'evidence as
they must have bad. lie called for exemplary damages.
Lord Chief Justice DALLAS &Awed the Jury. No per-
son, mild doubt oo this evidence that the plaintiff meant
phase a seaworthy vessel; and it was clear that
they believed they had done so, or they would out have
put themselves and their families on board to proceed on
the voyage and share the same fate of the rest of the pas-
' sengers. The same observation applied to the provisions,
,of which the plaintiffs and their families partook. As to
the accommodation of the passengers on board,one thing
was clear —that the vessel had passed Gravesend without
seizure, and although seized at aamogate.had afterwards
on investigation, been ordered to be restored. The Jury
would say whether they thought the defendants had ma-
liciously publiAhed the libel; and if so, they would
then state to what damages the plaintiffs were inti fled.
The Jury returned a verdict for the plaintiffs—Da-
mages, 3001. The trial occupied from ten in the Morning
until nearly six in the afternoon.

ASSIZE INTELLIGENCE.
BEDFORD.—These Assizes commenced on Wednesday,
before Lord Chief Jill Wee ABBOTT and Baro% °ARROW.
The calendar was one of the heaviest known in that coun-
ty: 41 prisoners took their trials, of whom eigbt were
sentented to Death, viz.—Joseph Milling, for stealing a
,bright bay horse, the property of the Rev. Joseph
Gould; Jame Whitbread, for stealing a market cart and
mare, the property of William Robinson ; Thomasßell,
for stealing a bay mare, the property of*James Kempson,
and a halter, the property of John Dear; James Norman
and Richard Norman, for stealing one ewe sheep, the
property of Samuel Brent; James Tansley and William
Roberts, for stealing a brown horse, the property of Ed-
ward Lancaster, and Tansley, for breaking into the
coach-house and stables of John Davis, E.sq. at Woot-
ton, and stealing a gig harness, two hair nose-bags,
three riding saddles, and two pointers ; Joseph Tatham,
for stealing a cow, the property of Wm. Bandicoot's.
The following received sentence of transpogalion :
Robert Hulding,for receiving 3 sacks of red clover seed,
stolen from a barn at Rivley ; Levi White, for stealing
two shirts, at Riseley; William Mole, for stealing a coat,
frock, and waistcoat.
NORTIIA3IPTON.—John West, forhorse-stealing; John
Goodman, for larceny; John Wright, Thomas Lea, Jo-
seph Wailes, and George Spittle, for burglary : George
Kent and James Greeo, for house-breaking and larceny;
and Richard Hanterton and Joseph Dyson, for sheep-
stealing, severally received sentence of Death, but were
all resp'hul before the Judge left the town.

POLICE.
AfA;asto man drespectability, who resides
in the City, applied to tits Lord Mayor for a warrant to
search St. Bartholomew's Hospital, for the body of
his child under the following distressing circumstances :
The applicant's child had been for some time afflicted
with an uncommon disease, which baffled all medical treat-
ment, and the sufferer died under the hands of an emi-
nent medical practitioner, who expressed a great desire
to open tire body in order to ascertain the nature and seat
of the malady. The father 'did not hesitate to allow
the examination, which was performed without the
knowledge of the mother, and the body was buried snow
afterwards in the burial ground on Fish-street hill. Two
days after the sepulture, the neighbours were sho:keJ
at seeing a shroud and empty coffiii in the burial-ground:
Thelinelligence soon reached the ears of those who had
recently burled, relatives or (fiends in the above-named
burial-ground, an 4 the utmost alarm and cdnstetuation
prevailed. The father of the child was amongst the first
who heard the report, and he failed in 'keeping it con.
coaled from his one, whose affliction at the loss tit' her
child was aggravated by the fear that its grave had Wen
violated. The fact was soon ascertained: The father
recognised the dead clothes of his child, and having re-
ceived information that Bartholomew's Hospital had just
obtained a fresh supply of Subjects, ran off to the Lord
Mayor for a warrant, although the hour (six o'clock in
the evening) had elapsed, beyond which search warrants
are not available.
The Lord Mayor passed by the forms, to which, under
other circumstances be would have attended, and granted
a search warrant, which the applicant received the assist-
ance of Mr. Cope, the Marshal, in executing.
. Mr. Cope upon going to the Hospit il, attended by two
of his Officers, was at first refused admittance by the par-
ter, who, however, opened the gate on hearing that the
Lord Mayor sanctioned the visit. In the dissecting room
was (ound the body of the child already in a state of fit-
nest to be Ihtured upon, the veins being filled with
wax, and most of the flesh removed. The father, how-
ener, knew the hands and feet of his child, and the holy
was removed and deposited safely. The sum of 61. 6,.
'bad been given for it by the surgeons of the hospital.
6,ll.l:MALL—Benjamin Pearson, the porter, in 'the
employ of Mr. Mittman, bookseller, of Ludgate-hill, and
;Pm. .Robinson, the proprietor of the Star eating-house.
in Oiltspur-street, who a few months ago, kept an old
iron shop in Fleet-lane, were charged yesterday before
the Sitting Magistrate, Alderman Sir James Shaw, the
former With robbing his master, and the latter with re-
ceiving' the property knowing it to be stdlen. The
property stolen consisted of copper-plates of considerable
value.
Further evidence bring requisite in order to establish
II clearly the guilty knowledge of Robinson, both the pri-
ioners were remanded for another examination.
Alithe stolen, plates, have, it seems, been melted down;
the porter received at the utmost lei!, than 201. for them,
whilst the expense tei. Mr. Alai/manto reinstate them
Will 'amount at the least to 20001.
' Bow.sfassrl—Yesterday Captain William Wallace,
of the army, appeared befoTe the Sitting Magistralen to
answer the complaint of the ,higlit'Hom Lord Cltiontor-
ris for assaulting and beating
Lord Claiimorris, who Was 'attended by his Solicitor,
'made a reqUest that the case might be beard in private,
'but Captain Wallace having 'been asked if he desired
that it might be private; sad replying in the negative,
the complaint Was beard In the usual way.
Lord.Clatimorris stated that lie was at Offiey's, a place
'is Henrietta-itreet, Covent-garden, the other night, be-
-twee!) twelve and one o'clock, when Captain Wallace en:
'tered tire-room, and advancing towards him said, " You
,are a coward and a scoundrel ' • 1 have published you as
each to 'the world, and am glad to meet you once more
that I may tell you so to your face." To this witness
replied*'' It is quite impossible that any thing coming
;frioni so itifathous 'a character as you can be noticed by a
4entleinin." Captain Wallace then said, " You scoun-
drel, you deserve caning, and I will cane you." He laid
Iris cane over 'the shouldets of witness, whereurin,he
took up candlestick end' threw it at Capt. Wallace ; a
innteat ensued, which was terthinated by the interference
of the waiters. The laCing the cane over his shoulders
was the assinit W-hicli witness complained.
'Captain Wallace said, it Was perhaps unnecessary to
state4eartgin Of the quarrel, but he felt himself bound
toorititiou some cleeuMit'ances in explanation of his
comae. LordClanoriorris and he had once been on a
footing of-Intimacy, but'his Lordship hail chosen, some
time ago, to brand hint with the epithets of " scoun-
drel, • "man of infamous Character, ' &c., behind his
hack.; altdAving been informed of it, he sent a Mend,
.Cairott Edwards, 91,, the Navy, to demand from his Lord-
ship an eMariation. He (Captain W.) had no with to
ftght, although teadyto do so. but his military friends
thought am explanation imperatively called for. The
Milynnilwer Captain *Edward! eOuld-obt ;10 was a•rtlfar-
ence to Lord Clammorlan attorney. He (Cara* V)

stATl*as

N 414 of Course, not satisfied with this'inairer, He was'
bet, perhaps, equal la rank to Lord Claitmorris, but be
was of quite as good a famq; is an officer, he believed,'
he might say be was nitortithitiognished in the, Service;
and as a gentleman he certainly was the eqiial of the no-
ble Baron, and he therefore eald not siiidmit tamely M
such treatment. He saw his Lordship, on the flight in
question, and again demanded an expliinkition: upon` itti
bring refused, lie certainly did lipid, the term's that had
been mentioned, and told his Lordship that he might
consider himself caned, hot he did not strike him. Lord
Claninorris threw a candlestick, which broke the back of
his hand, so that he was obliged to Wear it in a sling;
and indeed his friends told him be ought to have i'aiten
out a warrant against Lord C., but it was not a mode
to which gentlemen usually resorted; and he should
not have troubled the Magistrates, if the Nolale Baron
had not.
Mr. Airmail:Lt.—Then you deny the assault?
Csptaio Wallace-said he did.
The deposition of Lieutenant it. Wright, ,of the 9th'
Lancers, was read; it went to prove that Captain Wel.
lace shook his cane over the shoulders of Lord Clatituor
ris. This deposition had been taken on Saturday, when
the warrant was granted, Lieut. Wright being obliged to
join his regiment.
Captain Wallace called Captain Mansell, K. N. who
stated that he went with the former to Wiley's, and was
present at thefracas. He gave the same account of the
gentile, and denied that Captain Wallace strlick Lord
Clantnorri.. His Lordship offered to tight witness if be'
was a gentleman. and witness, referred him to the Navy'
Club, to satisfy his scruples upon that head.
Sir K. WON( E ad‘ised the witness to stop there, or
he might compel the Magistrates to call upon him for
sureties.
Captain Wallace said, Lord'Claimorris was particu-
larly scrupulous in his choice of gentlemen to fight frith;
and offered to call Captain Edwards in proof of that as-
serion, but the Magistrates said they could not listen to
extraneous matter.
Sir K. Um:gm—Pray where did this affair happen?
Capt. Wallace—At Otiley's in Henriettadstreet.
Sir iLliltaste—Aye; the Burton ole-shop—well
Mr. 511 NOHVLt said lie had heard quite enough to de.
termine him as to the c^urse lie should adopt. lie should
call both upon the complainant and defendant to find
sureties, each himself in 2001. and two responsible per-
sons in 1001. each, for their appearance at the Sessions,
and for their good behaviour in the interim.
Capt. Wallace said lie was prepared with bail, and
tendered ('apt. Edwards and another gentleman.
• Mr. MINSHULL asked Lord Clanmorris if he had any
objection to make to the bail, and was simmered in the

negative.
Sir R. BIRNIE—Pray is Lord Clammorries bail here,
becluse Capt. Wallace has a rhrht to be present, and io
object if he thinks proper? Cap'. Wallace is of quite' as'
good a family as Lord t.'lanmorris. ran be, and even-
handed justice requires that he should have the same ad-
vantages.
Mr. Missnuht.—" 0: certainly."
Nn objection, however, mas made, and Vs Lordship
was bailed by his Solicitor and Mr. Egling, landlord of'
the Shakespeare Tavern io Covent-Barden.
HATTON GARDEN.—Yesterday, J. Twickfield, a corn-
chandler, living at No. 3, Brewer-street, Somers'-.own,
was charged with. riding• over a woman, by which her
life was in danger. From the evidenced three or four
gentlemen who witnessed the.accident, it appeared, that
about one o'clock the preceding day as the people were
coming out of St. Pancras New Church, ti e prisoner
was riding most furiously along the road, aadnev'er at-
tempted to curb his horse. 'Abe horse ran against the
woman and knocked iter down ; the concussion was so
great that the horse fell over her. The woman was
dreadfully bruised, and is not as yet declared out of 'dan-.'
ger. The prisoneeiv‘as ordered to find bail, himself in
lOU and two sureties in 30'. each.

STATE OF CRIME iN ENGLAND AND Wat.ge.—A dom.
ment has appeared from the Horde Department, stating'
the another of criminals committed to the several goals,
in England and Wales for trial in the last seem years..
Upon looking through these statements, we find that
there was a decrease in the number committed for trial
in the last year, compared with the umber, &c. in the
preceding year of 574. Also, that a less number were
committed, &c. in the last year, than in any of the five
preceding years. The decrease appears to have been io
most of the manufacturing counties, which may perhaps
' be attributed, in some measure, to the increase of em-
ployment, to the cheapness of provisions, and also I.er-
haps to the effect of the " Tread Mills" lately intro-
duced. A small increase in the number committed, &c.
appears, however, in the county of Middlesex during the
last year. The crimes of " iorgery and uttering, Sze."
and " having in possession:, &c. forged Bank-notes," ap-
pear to have most remarkably decreased, only one be-
ing committed for the latter offence in the last year, and
in the years precedinte—l I, 2SO, &c.
ling.—Saturday night, between eight eight and nine
o'clock, a tire broke out in the house of Mr. Parish,eorn-
chandler, Dockhead, Benuond,ey, which, notwithstand•
ing the immediate attendance of several engines, mas in
the course of an Lour consumed to the bare walls. For-
tunately the fire was prevented from communicating to
the adjoining houses.
MYSTERIOUS AND MELANCHOLY DEATH.—Mary Kent,
late servant to Mr. John (finders, of Kingsley, in this
county, died frosts the effects of Poi•am on the 26th of
February last, and an incrust' was held on her body at
the Castle. Hoek in lane-end, on the 3d and 4th inst.
It appeared in evidence, that on Monday, the 24th ult.,
her master discovered that ao intimacy subsisted between
her and John Woodward, a fellow-servant, of which lie
disapproved, and in consequence of which he dismissed
Woodward on the following day, and the unfortunate
girl almost imMediately after left her master's seryke
without giving him any notice. She sat up with the
young man during the night of Tuesday, at a cottager's
in the neighbourhood, and visited her father on Wednes-
day, but where she passed that night did not appear. On
Thereby night she slept at a house at Bretley Rork.,
where she remained, apparently in good health, until
noon on Friday, when she proceeded towards Lane-end,
and between four and five o'clock was diseovered lying
by the road side near Fox Hearths, by James Picked',
of Newcastle, who was driving a one horse cart. The
man humanely assisted her into the cart, and conveyed
her to Lane-end. On the road she complained of being
excedingly ill, and charged the young man (meaning,
as it 'is supposed, her sa eetheart), with baring adminis-
tered poison to her in'some rum and water at the Plough,
at Wetley Rocks; but it was fully proved that she and
Woodward had nut, nor had either of them, been at that
bonne. The hapless woman having been taken into the
habitation of a labouring man at Lane-end, languished
gbout three hours, when she expired, much convulsed.
A•post inortem examination of the body showed the
stomach and small intestines, to have been in a highly
indented state ; and the contents of the stomach afforded
indubitable proof, by chymical tests, that arsenic had
been taken. As a further proof that poison was the
'cause of death, a portion of the suspected matter was
administered to a rabbit, which proved fatal in the course
of a few bones. The verdict of the Jury was, that Mary
Kent had died from the effects of poison, hitt by whom
adlninistered, 'or where purchased, did cot appear--
(SP:Tort/shire Adv.)
l'here was an'abundant Show of cattle at Launceston
Fair, on Thursday, bat the demand was not great, and
towards the close of the day, many bead of cattle were
sold at a rate below what was obtained fir like &scrip-
eons last asositb.