The Statesman.
London, England, 1809-06-23 00:00:00

COURT OF BERCI.

Thurrdaj, June 22.

This day Lord
.Ellenborough comeesaii the
sittings for the County of Middlesex.

WILLIAMS V. MIMS.

Mr. Palma stated that this was an action for as
assault. Tile Plaintiff was a poor woman, sad
the Defendant kept a public house in Hing..street,.
Covent-garden. The Plaintiff was at his home
drinking a pint of beer, and chancing to give hies
some °Ocoee—what it wee she knew not, the I)e.
fondant violently thrust her out of doors, and gave
liar a kick in a very improper place, by which she
was considerably bruised.
She called a witness, who proved that be saw the
woman come trembling out of the house, and the
Defendant behind her, who bad apparently bass
the cause. of bit rapid eel es
Gaitauirsteted that his friend bad told the
Jury the Defendant bad kicked a woman in a very
improper plebe, but he had sot condescended to
inform them which was the proper place to kirk a
woman. He wholly &vied the. kicking; for if
his poor cheat had beets SO misdeal, be was nut ha
a condition to du so, for at. at time be bad the
gust in both his feet; sad h4Ordf keel, by paha.
tel experience that that was got a time in which a
matt had a wish to indulge himself in kiels.ing ethers.
--The real fact was, the Plaintif cause to the De.
fendawt's house reeling dreek, bevies iwallowed
a pint of Mr. Belcher's bat cordial gin, to cum.
pose her stomach overloaded with bicus's entire,
and she wits so noisy and troublesome, that that
Defendant was forced to pat her out of his hoes% •
which he did es quietly akpossible.
The Defendant's servant hewn proved this
statement, on the suggestive of the Court a Jane
was withdrawn,

&MALY V. WILSON Alfa/ ANOTilti.

This was an action upon a sciert jades 'plait
the Defendants, who were the bail of a person of
the name of Newell, against whom the Plaintiff
had brought his action, but had obtained no 1
.fruit from it, be being nonsked upon a plea,
that he was then resident and domiciled is France,
and therdfore was to be deemed an alias emelt
and could not maintain an action In a Coast t
Justice.

Mr. PARK stated, that the Plaintiff was a na.
live of Ireland, and, as such, a liege subject
the Ling ;he had resided a lung time in Aasetic .
and had gone from thence to France ; and be ve.st
in France when the original action was brought
for this debt against Mr. Newell, which was etruit
14001. it was held that he could not maintain th.
action ; be was therefore nonsseited, and this actiLn
was againstlhe bail, which Mr. Park maintain a
he was entitled to pursue; for this :alert jet
was not issued until after the Plaintiff had errs,
in England, and arm:fore the plea, that lie a. .s
now domiciled in France, and an alien enemy, was
not tree at this time, however it might apply o
him at the time of tee original actimi ; nor %AI the
other part of the pleadings trni.: which slated that
he was, and still is, an alien enemy, fur he is now
in this el:matey, etc.
The AttoaatT Census. Raid, it was. mil lea.
sent to him, upon the present occasion, and lie
hoped it was as much so to him as it could be to
any one, to have to state in the presence of a gee.
tleman bush a defence as he must state to the ac.
tion now brought by the Plaintiff. But it vies nut
his decision that the Plaintiff should be present at
lee tliscumien of such a case as this—it Was ma,.
•er ut Liste in the Plaintiff ; for he understood the •
put.it• if to be its Court at the present minnen,.--
rhe wise a native of Ireland, 11 such, a
rubject of his Majesty the King of Grelt
trio, to %I ham he owed ells-lance of course, and
vrkieti _Allegiance be never could renuente ; Yut he
'iLl rh,,cett to connect himself with the rivers of
Franc., and to become a subject of their sirovern.
meet, instead of ours ; and therefdee, altb a it au

I

e


Lif,

COURT OF COMMO\ PLEAS.
Thursday, June. 22.

_ _

criminal proceeding- was instituted agaiaet•him, yet
he could not be allowed to obtain judgment in a
Court of Justice for a :mill of money, ►which mo-
ney. ►►hen he %hall have received it, be will carry
to France, and there employ it, wit Wall hie skill
and strength, in supwrt of the e►Utn►ks of this
country. That was tise defence to this action, a
defence which was availibk in the original action
against the paincipaloind en which the Plaintiff
was nonsuitcd, mad would be4t,Vailablenow, in the
action against the bail. It was true that Cie
YFaintiß was now in Court, and being a British-
bion subject, he owed allegiance to the King of
England ; het the truth was, that he was flow do.
miciled in France, and would return twit as soon
u.th►s trial was over, and the Money paid upon
it.: He alleged that this Gentleman had twin
in America for a while, went from thence •to
Filswice, where he I►ad a house of tide; had
connected himself in some sway with the Ame-
ricas Minister in Voris, and was the bearer of a

message from that Minister to the American Mi-
nister in London, which was for the purpose of
appearing here to support this action ; but if th.i,t
was c,donrahle, and he etas really and bona fide
dwindled' in Franees and urns going thither again
as scion as he sheen late received this money, his
being here, haiithitsted feet, for the moment, would
not nivo%er the ptirposh, tor he must be really do-
• iled here, and hut aboet to return to France ;

for it was nut to be•endured in an English Court of
Justice, that a man should obtain a sum of money
by its judgment, for the purpose of being, forth_
s it h, carried to France, to be employed to aid and
assist thy• enemies of G resit Britain.
Mr. Glenny, a gentleman nho acted as agent
for (lie Plaintiff, was examined at considerable
length on the sobject of the Plaintiff's residence'
in France, where the Plaintiff had certainly been
for Many years, and had returned in April lasi :
best of his intention to return to France, this gee.
tlentan knew nothing, never having heard him ex.
press any such intentions. It appeared further,
that this gentleman saw the Plaintiff iii London
within -IS hours after the 16th of April, conse-
quently he must have been in England on the 18th
of 'April, which was the day on which the sckri
Meta. i sued in this case. So that supposing the ;
time of issuing the scicri facias to be the time at
which the action commenced, in construction of
law, the Plaintiff would be entitled to recover, I
for he certainly had a right to sue when he was in
England.
tantliird.itimmnotrun held, that when the Plain.
titanic to England, mo-t clearly his allegiance
to the Kiqg attached to him as a Britibh subject ;
and, with his &fifes, all his rights reverted to him
also, and th.•tefore he could sue for a debt while
he remained in this ciauutry, whatever blame might
attach to him, without saying that any btsms at.
ta4cd tu. Mew .or whatever intentions ht. might
have to retisrfi•to France, and was entitled to

judestnt. ' The main point, u it struck his Lord_
shy at present was, that of the applicatioa of the.
!skid alien enemy and resident in France, ache.
t it was to belyplied to the commencement of
t *original aciien; if it did; all the rest of the
4e,
phial% as'it itltted to:his being an alien resident
in Francs:at the time of indite the scieri facial:, or
othis beiuirsiew Stinnett enem residisnt in trance,
wield bo-ishpleitsge .I.lu , the Jury woeld
new find' theft. .'ecrdiet upon the facts as they
sweated in VAIL-lice ; that is, fur the Defend-
ambit open the Ors of the Plaintiff being re.
silent in !licence at the commencement of the ori-
ginal action ; for the Plaintiff was certainly iu
Fiance at that time; but fur the Plaintiff on the
other Cush parts—uantely, that about the Plaintiff
be aq alien and resident ih France at the .time
dining tint the writ of scieri
,facial, and of his
.being au alitat resident is France new ; fur he car.
taiply wai hetson'the 18th of April last, when
that writ was issued, and is here sow, and as such
etititfeal to the rights of a British to uhject. The
in* toutso their verdict accordingly.—The case
is hereafter to be argued b, fore the Court, when
the mainqpestion mill be, " Whether the plea of
alien enemy rWtlent in France, as applied to the
commencement of the original action against the
priactifel, pita& this case ur not ?

COLLINS V. rutst.tes, ENT. AND CHRISTOPHER
5,11711,
This was sin action of tresspass brought by the
Plaintiff; an milky"t glass-manufacturer, to re.
corer the rum a 7651. the value of a service of
glass, seizes' sr beingithe property • of his Royal
nightie:a the Hoke of Sussex, under a protest
issued by the Dufendautis, as Sheriff q 6 Middlesex.
Oa the part of the IPlaiutiii it was contendoa that
the glass in qeestion was nut the property of his
Royal Highness, but only .furnisbed to him on
hire, and to prove this, two,erisrkmen in the em.
plop:sent of the Plaintik,iyirre examined, who
stated that, in January 1114 they were directed
by their master to take tht glass in question to
the apartments of his Royal /Witness, at Kensing.
toe Palace, preparatsivy to a. dinner his Royal
Memos was shout to give to "erne of the Royal
Family. One of the witnesses stated that he bad
heard a conversation which passed between his'
Royal Highness and the Plaintiff, in which his
Royal nightie!!s had given .particalar directions
that the glass, which was extremely elegant and
costly, should not be onirustedio any of flte set..
Toots :it the Pulace, but that the Plaintiff should
send sonic of his own people, who should hare
the tare of it, and that Only such parts of it as
were absolutely Wanted should be unpacked ; ac_
cortkngly only particular parts of it were deli.
Tered to the servants and immediately after
dinner they were again given to the witness,
who, misted by his fellow-servant, re-packed
them and oonteyed them again to town, that the
set might be convicted, and proper packing cases
Ala for them previous to their delivery to his
Royal Highness.
Mr. Serjeant Cow r contended, that the glass
was the property of his Royal Highness, and had
been manufactured in consequence of an order
from hitni several of the articles were emblazoned
With the Reiral cries. The Learned Serjeant con.

tended, the etch a delivery had buts made as
vested the property in his Royal Highness, and no
alter act had been done to destroy that proserty.
rrom the books of Mr. Collins it would appear,
-that his Royal Highness hid been debited net,for
the hire, but for the full valise of the articles in
.question.
E The ledger, &c. of Mr. Collins were then pro.
Mused, when it appeared, as stated by the Learned
I Scrjeant, that his Royal Highness wall made debtiir
to the full value of the articles.
Mr. Chapman, shopman to the Plaintiff, stated,
; that a service of glass had
,been prepared for his
Royal Highness, but never delivered,; part was
I sent down to Kensington, and returned. He hml:
represented them as prepared for his Royal:High. j
; ness, but never considered them as his property..,
His ltoyal Highness was then sworn and, erev,
mined from the Beneh. His 'Royal
evidence was to the following effect know'Mr..
Collins ; thcglass in qnestion was not .sefl( to met
it was sent to Kensington ; it was wit for a din-'
ner I was about to give. Mr. Collies series lee
constantly. It is usual with gentlemen who have
no 'establishment, to be furnished with what they
n ant in this way ; I had no establishment at that
, time, and I requested Mr. Collins to send mesome
glass for a dinner ; he sent me some of different
; sorts ; among other circumstances, I had ordered
a service of glass, but had never seen it. I can-
not say, if any .part of that service was among
the articles stmt.—Mere a list of the articles men.
tinned in the ledger was handed to his Royal
Highness.]
Mr. Serjeant COCKLZ—WiII your Royal
Highness have the goodneia to say, whether any
of the articles mentioned in that list were among
them ?
The belie of Sussex—l do not recollect ;it is
now more than two years since, and I cannot
charge my memory a ith any of the particular ar-
ticks furnished, but they were only a loan for the
day.
Mr. Serjeant COCK LE--I will not trouble your',
Royal Highness with any other question.
His Royal Highness then bowed and retired.
Loan CHIEF' JUSTICE—There is an end of your
case, brother Cockle ; the entry in le ledger
proves nothing ; ) ou must return the articles, and
refer it to sonic Gentleman to say that additional
compensation shall bo made. ' Take a verdict for
the Plaintiff, subject to the award.
Verdict fur the Plaintiff to the amount of the
damages in the Declaration, subject to the award.