The Statesman.
London, England, 1820-01-11 00:00:00

LAW INTELLIGENCE

COVRI. OR KINO/10/11241.11, JAN. 10.

NeIIAZO D.
This was an action' brought by • native of Spain
against the defendant. Captain of his Majesty's ship
Lherub, for seising a vessel belonging to the plaintiff, ,
called the I.:scrubs(lore, together nith her cargo, con-
"'aging of 290 Negro slaves, and certain goods, suer-
ithentbee, sod stores, valued is the whole at 3.144,01-
The plaintiff's case was conducted by Mr. Scsnurrr,
blir,/lenaratsr, and Mr. CADIPSILL t slid the defendant's
by Mr. JaltYls, Mr. OVIINZT, and Mr. TINDAL.
The case, according to the evidence, was in substance
this s—Tho plandl, a native of St. Ander°, in Spain,
had, in flie year 1817, equipped the Escrubadure at
Ilavannab, for a Medlar voyage in slaves, to the number
of sio, on the coast of Africa. In the month of October
abe arrived off the coast of Africa, and took on board
in the course of that and the following month, at
go, Porto Novo, and other ports, a very considerable
number of slaves, men. women, and children. In the
month of January following, being still on the coast
of Ilfrica, she fell in with a Portuguese vessel, called
the lee Fors% with the Captain of which she bar-
tered tobacco, muslin', cohost, and other goods, for an
additional number of slaves, making in the whole 290.
la this exchange it appeared that the Portuguese Cap-
tain bad received more value than the nerves were
worth, and the Captain of the Iteerubadore, in order to
reeotsp himself, sent an armed force on board the Por-
tuguese ship. dad compelled the Captain (as was alleged
on the part of 'the defendant) by violence to refund the
*wrists value. In a for days afterwards the Portuguese
*veil fell in with the defendant, who then commanded
his Majesty's skip Cherub, stationed on the coast of
A .Africa, under Sir Yee, to prevent the traffic in
slaves, and to protect merchant ships from piracy, when
Ike defendant was informed of the alleged piracy com-
mitted by the liscrubadore en the Portugnese vessel.
*immediately went in pursuit of the Spaniard. and on
Ike 17th January. 1818, be came insight of the Semi-
badore, then lying at anchor 21 the coast. The too-
anent the latter saw the Cherub hearing down upon her,
the cut her cable and pushed off to sea, but she was pre-
itenti v overtaken and boarded by the defendant, by whom
the officer in command (the Captain being then dead)
was charged with piracy upon the Portuguese vessel.
The supposed act of piracy was explained as a volun-
tary restitution of the value which had been overpaid
to the Portuguese, in the barter of slaves; but the de-
fendant, however. made captere of the Escrohadore,
and took possession of the cargo and stores, and re-
leased the unhappy slaves, who were then in a most
deplorable state of health, from their manacles. anti in
the resuh carried the vessel to Sierra Leone, where she
arrived in tbs. month of April, when the negroes were
set at lif)erty. The defendant afterwards carried the
Esernbatiore to Jamaica, where abe was delivered on the
30th of July to a British subject, named Mitchell, the
'gent of the plaintiff. It was alleged that the defsedant
bad himself purchased part of the goods aud meekest-
dire. which were sold to the highest bidder on beard
the Cherub, by the Captain's clerk. The value of the
stores and merchandise, independently of the slaves,
was estimated at 6.300/., and the slaves themselves at W.
ger beard t whereas, en the part of the defendant, the
proceeds of the stores and tuerelsamlise were stated to
amount only to ISIL It appeared that the bounty al-
Owed by the Gorernment at Sierra Leone, for slaves
taken in this manner, Was 201. per head. The renditioo
of the unhappy negroes taken on board the plaintiff's
ship, was described as most deplorable. The small-post
and the dysentery had broken out amongst them ; and
when they were released from their confinement, very
few were able to stand. and mill fewer able to walk. Be-
fore they reached Serra Lamm. a greet many bad died,
and a number of others shared the same fate atter they

were landed, notwithstandieg the greatest medical)
skill and kind treatment were exerted for their recovery,
One half of the earge consisted of men and the remainder
utwomen and children. It appeared, before this capture
was ma le by the defendant, be had seized another.
Sriniidt vessel, called the Conscio, laden with negroes,
aid that the Captain of that vessel was afterwards hanged
at Jamaica for pricy. Under the circumstances above
stated the present action was brought. The case on the
pert of the plaintiff was supported by the single testi-
isonv of a Spaniard named Peillsere, an officer on board
the Ksentbadore. The case of the defendant was sup-
pried by the testimony of Lieutenant Stokes, Lieute-
nant Benson, Lieutenant Austen, officers on I:6ard the
Cherub, and Mr. Kennett M'Cauley, one of the Members
ron ur i I at Sierra Lione, the ohjeci of whose testimony
os to go in mitigation of damages', the Learned Counsel
far the defendant having admitted that In hall no de-
knee to the action. liefore the defence was con-
cluded,
:The CHIZI Jvertez interposed and said, that he had
very great doubt,whether a foreign subject could recover
in an English Court of Law, for the value of slaves cap-
tared froth him in the act of endeavouriug to transport
times from Africa, because the effect of the late Act of
Parliament, for the Abolition of the Slave Trade in his
majesty's dominions, was to declare that unions traffic
aissolotely unlawful. That being the present impression
of b's mind, be should direct the attention of the Jon'
ninny', to the question of suck damages as the plaintiff
was entitled to recover for the loss of the ship's stores
and the merchandise seized by the defendant. The Jury,
hownver, might take into consideration the question of
lees sustained by the capture of the slaves, and they
would find such damages upon that part of the case, es
appeared to them to he reasonable, leaving it to the de-
f .:ottani to move the Court upon the question, as to the
pjaintiff's legal right to recover upon that part of the
claim.
The Learned Counsel on both sides equieseed in this
mode of proceeding suggested by his Lordship, and
The Jury having received the lioncned.Jodge's direc-
tions ne above-asentioned, they retired-for about an boar,
and, on their return, found a verdict for the plaintiff—
Damages 21,1 h tu 0/. whick sum was cotoposrd of an allow-
alset‘of 3,0110% for the seizure of the ship's stores and
goods, and IS,INO/. in respect of the supposed profit on
*a return cargo of slaves.

•
L'IDDLESEX SESSIONS, JAN.IO:
Lllll1—Tlll !LUNG V. YnDMAIO.
&ergs Ilvbeard, an half-pay Officer in his Majesty's
her, •was indicted for the publication of. a false mid
tlefipas:ory libel of and cowman Charles Lewis. It
moored that an unfortunatt Tema( winter, was mime
awe ago killed near the MilitaryAsylem, Chelsea. by
a Mart running over her. The permits of the deceased
Wag enable to provide for a sletabt barial. the do-
(cadent humanely solicited a suberriptime, and applied
Ike money so raised in the mast omen sad hunenralikt
. may. The prosecutor, who it a baker as Chelsea. re-
siptg within a fiw doors of tbs..deimmitml. had made
some observations respecting 010 mieepplieation of the
samoriptien money. ard timudefendleato tenwrintfil of
character, thought proper selemeat she iusinuation by
peeling on the walls of Chains a ivriiieaka frau. Ake
muthar of the girl who Islet tlier life. in twilit+ s
tand de-
w/end that Mc- Hubbard littiiinnabraiblY aad haY
aPPIOd ail the money to betailelieL . The Jefeedamt also
posteti ;mother bill, in Wliish he stated.tiat the grose-
calor. Instigated by theitarii, bad tittered false and
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