The Statesman.
London, England, 1810-12-07 00:00:00

the picture lay open he the table ; people de..
sired Witness to set down their names ; Sir Harry.
finglefield's name (which the Attoreey-Gemetai
pronounced to be a forgery) was not set down by
'Witham f ter° copies of the 'engraving.
Mr. MAIRILTACT.—" I understand, the storyH
.1 the *awe was the sebject of an operatics: par.
formance.'•
Mr. ATtORNalt-GaNIIIRAL proceeded with the
etossaelateivation.—Witness had not told any one
that hipatsty and the . Beast were likenesses of Mr.
sad Mn. 'lupe ; but he might have beard people
3aying so, and repeated what they said. Did not
rittiteutber Plaintiff flying that it was drawn fur a
likesess.of Mr. and Mrs. Hope. Plaintiff bad not
begun it fort likeuess; but on being told that it
:.vas like Mr. Hope, he finished it up to the cote.
Plate likeness. L'laiutit took Mrs. Hope for his
model of Beauty, as he had been, drawing a five
portrait of her.' From the beast's mouth there was
a scroll,, With these words, " 1 am sensible I am a
horrible 'beast, bat if you will accept my hand, all
these 060 :stall bd yours." These words were
is English, and taken (rum the story. The Plain-
tiff had often said, that he was displeased with Mr.
Hope on account of some dispwte about s painting.
Thu Defendant .did.not say that he wawa'', brother.
of Zs., Hope; he spoke su rapidly that Witness
soul& not tooterstand him.
Louis O'llickey received the admission money at
the dour. The money, in the beginning, was only
two or three pounds a day. It afterwards rose to
10, 15, end 19 pounds a day. After the picture'
was cut, the receipts fell off at once. Many pets.'
*offered to pay fur seeing the fragmeuts of the
picture.
Mr. fleet Villiers was called to prove the Plain:.
tiff's celebrity as a painter. Witness had seen the
.picture for the first time only this morning, in the'
collen.huuse. He could not judge of it ; it was in'

pieces.
Louis Strochling was next called. 'Witness was
historical vaiiitcr to the Prince of Wales. From a
casual inspection, he thought the •.ilue of the picture
five or six hundred guineas. Had gone hastily
through the room, anti did not see any likeness of
Mr. Hope, upon his honour.
Lord ELLsr4IORoUGII.—" What, Sir, you say
You only took a careless, cursory view; and: yet
you come here to pronounce its value, at fielVflf
six hundred guineas. Was its value, Dom its. eras
bodying the malignant passions of a man's mind,
or from its iutritisic worth as a picture for a col.
teethes ?"
wituess could not speak to its value from
any thing, hitt (tutu the prices which the Plaintiff
wasin the habit of. demanding.
To a question by the ATTORNIT.GXNERALdn.
Whether he had ever seen $ picture of a bear, or
any other beast, with a glass, hang by a string I
round. his neck ?. Witness answered, it might de.
penal on the capricious fancy of a painter; but au►
thing of that kind had occurred in his experience
of pirating.
The ATTORNEY-GENZIRAL then addressed the
Jury. This was the most impudent appeal that he
believed was ever made to a British Jury. The
Learned Counsel who opened time:we had raid that
his client claims the protection of the lima. He
should not have begun by insulting them. It was
impossible not to observe the artifice which had been
employed by the Defendant to obscure the truth of
the case. A crowd of wituesses had becu brought
forward by him totally uuconeected with the facts of
ibearansaetion. The attempt at fixing an enor.
minis price had been instantly cut short by his Lord-
ship ; and yet the Plaintiff had the folly to think
that tie was Injure!, and the impudence to expect a
Lrecumpence from the Jury. What was the in.
jury ? The Plaintiff was a foreigner, who came
over some time since to this country with no other
tardily possession than a single picture. The
Iraerned Counsel for the Plaintiff had said, that
merit would find patronage here; and it was true.
Dubost found in Mr. Hope a most liberal patron.
Mr. Hope at once gave Behest eight hundred gui-
neas for the picture, which constituted all that this
ruffiais was worth in the world. He took Dubost
to his house, and with an honourable wish to en.
courage the merit which he thought he had found in
distress, made him at once an offer of four hull.
dred guineas for painting Mrs. Hope's portrait.
Of this money two hundred guineas were given at
the moment, and two hundred more before he had
even finished the picture. [Here the Plaintiff,
who was sitting in Court, made some movement
as if in contradiction.) " I know," said the
ATTORNET.GESZSAL, 44 I perfectly know what
lam saying. And I cannot suppress my indigna.
tiun at the insolence of this fellow, this true origi.
nal fur his own Beast, who dares to continue in
Court during this trial." What was this fellow's con.
duet? He lived at Mr. Hope's for a length of time,
and he employed his time in taking opportunitira of
future insult to his benefactor. He made large de.
marids upon Mr. Hope': liberality ; 'and there is no
man more liberal than that person. It was found
necessary to get rid .r this importunate beggar,
and then the reptile took his revenge; then lie pre.
pared to sting his benefactor and a must amiable
and admirable lady in the tenderest point. He had
the insolence and ingratitude to caricature them,
under thirforms of which so much had been already
said: 'Mr. Hope was caricatured as a beast, offer-
ing to purchase Mrs. Hope with a box of jewels.
Mrs. Hope was wringing her hands, and selling her.
self at the same time to the monster whom the in.
sulent painter had designed for her husband. This
was Weller° in the extreme, and nothing could be
more *unfree than the insinuation of the picture.
Every one who had seen Mr. Hope rust:kitting the
best duties of a father and husband ; every one
who had seen Mrs. Hope, an amiable and ace-
tionatn wife, and both exhibiting a model of that
domestic excellence, and domestic harmony, of
which there were so few examples, would know
that. the insinuation was totally false. Mrs. Hope's
brother, intlignaq at the injury which his sister's
feelinganiast stissaiuviadignatit at the scandal: which'
was hourly thrown gook' his own family, pet an
end at once to the picture. What was the Hairy
sustained by Dubose, to that which he had me.
&lanai 'against an honourable man and hie fa,.
mily.? What was object of this action I Tho
rtaigtif Otto Act usibitle; could be. auto plans

TIM STAIIWAII,

to the feelings of Mr. and Mts. Hopes thee to be
brought a second time before the pobtle to have
themselves talked of, sod their whole domestic life
canvassed. He brought this action only to extort
something taws frost the delicacy and wooaded sen-
sibility of ltdr..lloperandids wife. But the Jery
would disappoint him. It'was even by Mr. Hope's
.permission that the .Plaimiff was at this Stour sitting
in the Court. Mr. Hops might have krunght his
'action, and if his (the Atterucy.Geuernrs) advice
.were to be now taken, the reptile would be prese-
t:rated fur his libel against Mr. Hope. Aa action
would bate extinessished the picture ; 46 but
er
(said the Attorney-General), if a than holds
a sword to my throat, am I nut to beat it down ?
If I see an insolent libel published. against me, sal I
not to .destroy it ?" Was Mr. Beresferd to suffer
the slow finger of score to point at his sister, with-
•iset taking any step to abate the nuisance? There
were cases, where mischief was done at sore, avid
nu subsequent remedy could be atonal. This
painting was exhibited to the world. It. was about
rtto be engraved, and. dot prints *ere to to dblossed
Ipso widely they could go. In this case what was to
be gone, but as in other cases of nuisance, insults
the Courts of Justice, and those sodden evils
.Which could nut • weit fur the tardy proceedings of
.the law.
• },here were no witnesseacalled on the defence.
Lord EL Lee so awe:in.-64 The Plain ti demand-
-ed *compensation for the loss of his profits by an
:exhibition, and for the value of his Picture. The
Defendant pleaded no justificatien. He only
said, he was not guilty. It was proved that the
'picture was destroyed, and therefore the verdict
must go fur the Plaintiff. The manner and par.
pose of exhibiting the picture were clear. It was
plainly Dubost's intention to caricature Mr. Hope
wad his wife. The resemblance was evident to
every one, and there could be no noabt that it was,
done from a spirit of revenge. It was not
for the Jury to .consider the obligations of the
HPlaintiff to Mr. Hope; they were not to look be-
, yoad the evidence. It was plain, that no caprice
of painting could have casually drawn a beast with
an eye-glass round his neck; and it was equally
plain, that an insult to Mr. Hope was the object.
As to the value of the picture, one of the witnesses
had evidently estimated it only from its value at a
caricature. But that• must nut be recognised as
giving it any value. It was spectra of property
on which no man bed alight to reckon., .4 was a
libel, the exhibition of which would ban* been
stopped in five minutes, on an applicatioW,to. the
Lord Chencellor. It was more than probable-that
aninjunctinn Would' bate bees Issued to preveist'the
picture's being ever exposed wale. The Plaintiff,
then, lust all right to consider himself as being ag.
grieved by the diminution of 'profit from his Ethi.
bition, or even by the destruction Of. Vs *tote.
They were means of tialawful profit, and therefore
no Compensation poutd 60 provided by the law. I
The Picture, in ihi perfect state, could Its opty
looked un as an iftitinetent for the production of
punishment to the eaMbititiai Saelit dleJari would
reaolve the damages it. tlesish `et' tits, seta wood,
eatitas, and colonis.
The Jury, after cede hesitation, footd a tinnier
for the Plaintiff. Dimagek 61. Costit4ol.
The Court was ennsually crowded. Several per.
sons of distinction, among whom were the Mavotis
of lleadfott, LordsSefton, Ossuistoi4 tied Bre.
moat, sat oil the Bench with Lord Elleaboroogli.
COURT OF Consort rulAsimbik,.
Before a Speeial
INSURANCE ?Rota Ftirli.-4toDY.
This was an action by the Plaintiff,' a ,
smith, to recover 17001. of the Atlas Fire Insurance
Company for the low of his stock in trade by a
fire which happened at his house, No. 34, Norton
lalgate, on the 14th of July, 1809. •It appeared
that the Plaintiff had insured with the Atlas, and
one proviso in the policy ..1111, that he should not
insure with any other office ; this, however, he did
not observe, but insured in the Eagte to the
amount of 7001. for furniture, making an in-
surance on the whole of 24001. The fire, which
constituted the prtaeut demand, commenced
about day break; the watchmen -near the -house,
observed the flames bursting out from the
street.door, and instantly gave the alarm. The
Plaintiff soon after appeared at the two-pair of
stairs window, calling for ladders, and finally It
escaped with his .wife, child, and servant out of the
garret window. About thirteen persons, all neigh-
beers, immediately went to the spot with an engine.
A panne! was bruko in the door, through which
several pails of water were thrown. At the same
time the shutters of the shop were pulled down,
and a number of arteries, stated to be of great value,
fell into the street. These articles were instantly
taken to the watch.house by the constable of the
night, and lodged in security. By the leaven,
sistance of the paeans present, the fire was ex.
tinguished in half an hour, and, according to
the statement of the firemen, and all the Wit.
ncsses, the property is the shop remained nearly I
in the situation it was in before the fire. The Wit. !
messes also agreed in stating that the fire had'
proceeded front .a quantity of, shavings laid under
the counter. The Plaintiff, in consequence of the
fire, claimed .of the OffiCe the full amount of his Poi.
licy. It was contended that the whole of his stuck
had been lost, destroyed, or damaged. That plate,
watches, gold, jewellery, and various articles had
been melted, or pillaged by the spectators. The
fire was attributed lu a spark supposed to have
fallen from a lamp or candle held by the served
maid near the shavings, which had been put in
the shop to light the fire. The Plaintiff also pro.
ducted witnesses to prove that the stock un his pro.
raises was of the value of between I seal 110001. Ile
refused after the fire to take ter of the property
saved, and wrote a letter to the Atlas Compeny to
put the whole ander their trust and protection.
On the part of the Llefotedaets it was represented,
.by a number of witnesses, that it was impossible
that any of the property Wald ban been stole* at
the fire, heratimethu greatest care WWI takes to pre,
vent any personlestin eetteeing the premise& Then
were but ten prison ill respeetahle inhabitants,
present,. and a basilsnea placed at the dove
to 'prevent soy python from mitering. It was ilea
Mate& that.tha Ore could net have melted Ow at*

ter

eh% militia have bees lest thit way; and if it 41
melted gold or silver, some traces would hare re.
mewed of the metal. On the contrary, it Iva,
tutored that the sheer glasses, with the exceptio
ofone,
en
ethe entire,iirecedng vc
anidtheeaori. ticinses titlei: pro:
same as
Kew roved, and which the Plaintiff had ee.
fused to receives had been placed -ender the
charge of the fireents and °Seers belonging to
Ate t;rampaaye sad safely removed to a pitee
l'af security. The articles stated to be jewentry
were inspected by a f:water, who refitted to set
•
any valise ets them. ' The whole, he said, was rah.
high, and if they had not been damaged by %tee
_would aiat .have been worth 1001. With respect to
;.gate piste sod plated fir*, it was fairly valeta by
a Working sileersmith. the silver at its weight, scd
the plated goods at 4e-retail price, amounted t,)
ragai. finder these circumstances, the Fire Kt
resisted the Plaintiff's claim. It was stated that tiny
liberally gavel ap the Plaintiff's breach of the pollen
by offeetleg twq insurances, and they
t, meet the vote fairly on ite merits. Tiny dear]
the Plaintiff to be in a contracted way of b
msg. He had left the west-end of the teki
to carry on trade on a smelt scale, and it IN
almost impossible, from the Mae of his thdpi
that he could have had the stock and imitate
which he laid claim to. But the principal de.
fence was, that the Ore had not happened by acci.
.dent.. The evidence 0 the servant made it amain,
•that she went to bed the night before the thee
ten o'clock, her master and mistress at elevenow
it was not reasonable to conclude, that a lark
dropped among shavings should not take iretill tine
'o'clock the next morning. It did rk. „appear the
there was any &re in the house, or light, except tis
lamp which the serraiithad carried. Under oh the
circumstances, it was contended that if the Pignut
had not meditated a fraud against the Defendants,
or by gross negligence occaaioned the fire, he lout
not produced any evidence to prove he had sitsoie.
od a les, to any thing like the sum he sought to rt.
cover, therefore the Jury could not give him aver.
;diet fur his demand.
• The Jury retired from the box, and on their re.
tarn Cooed a (verdict for the Plaintiff—Dom o
6501.

_ _

. ' . OLD 13.414101:

•
. ,Testerd.ay Samuel Harris, aged 60, was breigil
19e oerge of stealing several articles of eat
jatg.gpperel ou the 13th of October last. He at
Isnowledged having stolen a,coat. , Found politic(
stealiacto the raise of 16s.
John Baas, s nail-dressed man, aged 27, la
brought up on a charge of forgery .$ bat on accost
of the absence of Thos. Colima the principal
evidence, he was acquitted. •
James Cockslimad and Williams House were se-
' ewes of stealing a sack and a genetic* of flour
host Thomas
.Ashbyl, via 37th Nor. James cocky.
*sad wee found great, of otcalisaft--•ond winks
Uprose of stesliog, but not of breaking into Ash.
•
• John . Hopkinsi aged 23, Joseph Jones, apd
,311, sad Riched ?raced, aged 17, were
with breaking into the shop cif David Phillips at
Mailing a quantity of wearing apparel.
-David Phillips swore.that be was mimed by the
.patrole on the morning of the 224 of November,
'and on going down stairs found his shop had huh
.broken open, and two pair of leather breeches, fo*
pair of cassimere breeches, and seterat other at&
vies, taken away.
John Murphy, a patrol°, saw, 114 twO o'clock
the morning of the 20, six retki came up, wilt n
first affected to be intoxicated, -thoegh, Involver
he discovered that they were not inrokiested; ad
then divide several times into parties of two sit
three, observed the three pristine» gn urea 11,
street, front St. James's side to St. Anne's side, I
tl, Gerard.!itreet, 'where a shop wait brace) opit
that morning ; apprehended Julies, and took,*
to St. Jainetes wutch-house. Ott searchintil
nothing was found upon hire. ,I• 11
Qwcn Duncan, another vatrolel Oustitlllare
account:
Jaws M'Arthur, s watchman, laid Blake

kips, with the assistsnoe of limes 'Ford, I'M •
watchman, and found Phillips's property .41 hi
which he dropped, and which Witness took sal
gate along with the Prisoner, Hopkins, into th
esstody of Mr. Scott, the constable of thenight,
Ht. James's watch-house.
James Ford confirmed this account.
' James Kennedy, another watchman, telloml
Prescott to Phillips's door, where he heard a Dee
bee of peat& talking about hatf-pest three o'clock
and heard a wrenching of something. Proof
crossed the street, said, ' All is well.' Wits'
and another watchman followed him and apple'
ed Mali-whets- he said he hefted name.
. Scott, constible of the night, swore that Ha.
kins's hand . was scratched, as if oat by bteah'
through a window.
The Prisoners in defence, attempted to act•
for their being in the street at so late sn h
Prescott said,- on coming home. from the PI
was etopt by tem girls, and could not get ice'
•
lodgings..
• A very respettable testimony wu borne to
ebafacted wf alt the Prisoners.
liar
The Jiffy, after deliberating for some
Courtl-retired,and ertitrned in about fire elle
with* verdict of auilfl7-but, recommeadell
Prisoners to mercy.
Catharine Main: was
bonnet, below' We value of
diktie itopilitS,'itbd 15, 111 very innoutt
pearistitte;- stood: Indicted irdi'litaanta4ol.
ti (oe, fVoisillethjsnetri Wakkttes,:lie(Miwter•--~rrglen_,'
jambs WOkisti ftrehttl 40t.'.Beet
of stsahti
missing.-quhn 'skidoo, * fellow-Sewnt,
swore thatNinititowley NA a -401. .
~twitt e
nutmepttattri tit• %/Ott! Vo- I far',
said tieiliMiet,ilte it' Rif 04,"..6'47:1.J
Witttittil itt,e ihe: Fritroner ' a good
CitatiCe'Xriieiley, the '13'6191%0'S fellitr, reeel"
H,wk.ttol~i'l4rrnt her,
0,
whickibe said she foe
the'ltre".l•Vol GS*, .1 •
, •

Le---------"--- 0""m"...14064.1. Pro*, 144 miiph#4l.i Lti,"' 611
: .?tioAtitts'Yet.4sovg. O. 610101!'

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