The Statesman.
London, England, 1819-10-20 00:00:00

rnE STATESMAN.

COURT or Klfifill BENCH. WI:IMMO 44, OCT. 9.1.
HOME V. MINTINCII•
This coon, Wiwi appeared tor have canted con•
sidersble interest, from the rank and c.aracter of the
parties, came on this day before the Lord Chief
Justice Abbot
It was 4 Special Jury cagey, but the attendance or
Special J being very thin, only four answering
to their name , the deficiency was supplied by Com-
mon James.
Their Royal Ilighnews Ilse Dukes of York and
Gloucester took their setts on the Hooch to 1114 right
of the Judge, as did also the Defendant, Laid Fred.
ilenoinrk.
From the statement of the Counsel who opened
the pleadiagt, it appeared, that this was an metien
for ilsmages brought by the Plaintiff, late • Lieut..
nent•Colonool in the Army, end I.:apish' in the 3rl
Regiment of Font Geards, against Lord Frederick
Bentiock, • Colourl in that regiment, fur a Kinds.
lees and malicious libel, said to be contained in
• report p led by the Defendant to his Royal
Highness the Commander in Chief, of proceedings
befure• Court of Enquiry, iota certain tended of
the Pltiatiff, at which Court the Defendant had pry-
sided the said repent imputing to the Plaintiff
conduct nnbecomiog an officer of his rash and cha-
racter; aed be 1404, in coneequeace, been struck
out of the list of the army.
Mr. ScAnt.sTe soldtesseol the Jury, and stated that
be would shortly relate to them the circumstances
which gave rite to the present action. The Plaintiff
had served fifteen years in the Army with h
sod burl distinguished himself by Ms defence of
Ileognemont, at the battle of Waterloo. Its
April. 1813, he was introduced by his Solicitor,
Mr. Heekelt, to s person (whom name we could not
hear), who informed him, that census persons named
woe engaged in • asinieg concern In the county of
Worcester; that the capital embarked .mounted to
18,0001.; that by advancing 20001. he might be-
come entitled to • ninth shire of the profits, which,
as all the first ezpences bad been already un-
dergone, would yield him a profit of from twenty
to twenty-0o per cent. This sem he accord-
ingly advanced, and being called by his professional
duties into foreign service, he heard nothing of the
concern for eighteen months; they then applied to
him fir • further advance, which be paid, making his
capital sweat to 31001. Us his return how, he
was informed that the Company's aims were in •
state of tomb ssssss sent ; and being himself quite
leisioforased In ouch mutters, he empleted his bro.
ther, Mr. David Rome, to rotten, into the state
of the concern, and from his report saw reason to
believe that the Company had become ',strayed
previous to his bring induced in join Ibem.—
Ho, therefore, wished to transfer his interest to his
brother, to dispose of it to the Company for half the
sem he had advanced ; het this they would not agree
to. Ile was then advised to accept, in the name of
the Company, bills drawn by his brother, who had
lent blot the money to invest in the concern. He did
so to the amount of 1,11501. an,l the draft being re-
feted payment by the managers of the bosineston
action was brnegkt thereon, which was tried before
Lord Elirobotoogh in June, 1817. In the defeats
to that settee, on the part of the managing partners,
a deed of partnership was produced, which had
been entered into before he joitied these, and had
mot been shown to him ; and one of the tovenanta of I
thet deed being, that bills on account of tbeCosopsoy
should be drawn. and endorsed by one .f the part.
neve, awed Salisbury, and by him only; Lord
Ellembotoegh held Col. Home to be bound by that
covenant, and • verdict was therefore given for the
Defendants. It being represented, however, to
Home, that his Lordship's opinion was grounded no a
supposition of his knowing aod having acceded to
that convent. and being advised to draw fresh bills,
' the former having been destroyed, he did so ; but
sever pet them into circulation. The managing
partners filed a bill against him, and obtained an his.
ljenction to restrain him from issuing any more
bills. The Injunction was retried down to Wind-
sor, where Colonel G•ore, being ill, desired a Qom-
ter. Master in hit regiment in memo it, sad Sr .nsmit
'it to his Solicitor The partners eared placards to
bo pouted in the places i'rerjaenterf by the odic," of
OS regiment, 01.'10, Goons' Homo with boo"
been entity of 'retool. which. coming to She ears of his
Royal ilidiness the Duke of Glove...ter, Colourl of
the regiment, a Caali of Erqusry was instituted, of
which the lefonslant was President, and for his re-
port of the proceeding., which Ike Learned Counsel
contended be was oat waorsniod in framing as h. boil
done, this action was brought. The Learned Coun-
sel went at groat length into en ergoment to show
last such Courts of Enquiry, not being legally con.
%dieted, the reports mad* by them were not prl4l.
lined proceedings; and that, although Coorit.lltr.
fiat might investigate and pass sentence en au officer's
(character, Courts of Enyeiry could not.
Sr Henry Torten., Military Secretary to his Royal
Highness the Cominander.in-Chief, being called,
stated, the Court of Enquiry had been assembled in
pursuance of orders from the Commander-in-Chief,
to whom the Defendant, as President of the Cow,
Ipersoeally delivered the Report of its proceedings;
and by his Royal Highness it had bees delivered into
Ihis charge as Secretary.
The AVVORMILT•GEMTRAL Objected to the pro.
Idaetion of the report ; and supported his objection
om cases to which he referred, and by megawatt at
leaseli length, on the inconvenience which might
thence result to the public tervice.
The Cum Justice, after hearing Mr. Searlett in
Imply to the Attorney-General's objection, ruled that
lie Report ought not to be admitted.
Mr. ScAaLLTT, therefore, tell that a verdict
finield be taken for the Defeedser, retaining the
right of moving the Court of King's Beach to set
aside that verdict if they should beef opinion that the
Roped of the Court of Enquiry was admissible evi-
dence.

AItiIITIAG .T READING.

A Meeting of 14 Inhabitants of aniline *es yes-
terday held in the 'l'own•hall of eh., borough, (or
the PorPehe of taking into cnosideration the late pro.
ceentlny at Mancheree►i It was convened in cense-
q of a Iterjoisnion haring twins signed and pre.
anted to the Mayor, by consent the lona respeceahle
lishaldtant• ref the place. About lt o'clock, 500
persons had tisseothied„ among whom oa ob d
Thomas Ward. Feq., the Mayor, Aldermen Stephens
and Dean., and several other Menthe's of the Cor-
porate Body. There were ale* present Mr. F)shr
Palmer, Member for the town, Colonel Ideobery,
Messrs. 11. Marsh, Great, Frees. Letchworth, and
many other Gentlemen of re•peetahility. Mr.
Shaw Leferro did not attend the Meeting.

The business of the day was commenced by calling
Mr. WARD to the Chair; ate, which
M►. GREENE rose, and in • speech of ennsidorable
length and eloquence, cuoussented nylon the state of
the different parties into which the country was at
present divided. It could •.•t he denied, that there
were ihnissands, and tens of thousands, who were
with ester impatience arsine hazardous, and he wen.
tors, to odd, impracticable plans of political Re-
terms; neither colloid it be denied that there was an.
other glass, god that also a nousernus one, which,
governed by rojediess, inatieoced by timidity, or
what was still mere lik►ly. swayed by self.interest,
seemed ',snived to resist and to put 41.1. n by all end
every means, however violent, all efforts that .might
be made to produce an alteration in the present sys-
tem el Government, and who utts•inately contended
for keeping things as they were, honey,' notorious•
ly •oconstitrtional, fraudulent, ■nd corrupt. At
this critical moment, he held it to be the imperious
ditty of every man who waasincere in his attachment
to the laws and Constitution of his country, bet at
the same time an advocate fur a moderate, prarti.
cable, aad effect,. • Refuses of sans. !edged "misting,
abuses, °piety sod frankly to avow his sentiments,
end le some way (which it would not be ditficeit
to devise) enrol his name es cane of a band equally
determined to oppose theme whose projects, if 1
caroled into effect, *Gold infallibly produce anarchy
and ceaseless, sod those who, in defiance of com-
mon sense and common honesty, seemed determined
so uphold and petpeteate a mica-government of pro.
Iligary and cotreption. No ma• ought to lay the
flattering unction to his soul, t►at by a MORO
and skulking concealment of his opinions, or by an
affected neutrality, he would be able to abide the
eosin storm le safety ; no, even though be sef.
Owed the hostile conlict to go on, the issue would ie.
evitably be either ruin and desolation on one hand, or
despotism on the other. Rot if. upon some such plan
as he bad hinted at, the real friends of the Comsat..
bolo, es composed of King, Lords. end Commons,
desirous, hoeieser, at the same time, so see that
Constitution restored to its original purity. would
only step forward anti openly show themselves, he
was fully persuaded the number would he so appal.
ling, that those, if any sloth there eine. who bad evil
designs. would become hopeless of serres; Rosie who
had bee• deluded by fanciful th►ories would be brought
back to reasonable views, and the advocates and sup-
porters of corruption would he compelled to listen
69 the voice of jestire end of 'tut h. Sash an onion i
also be pioductire of another good effect—it
monad prevent the recurrence of any such attacks!
upon the Constitution as those which had been re-
costly made upon it by she ras:t seal of an intempe-
rate Magistracy. It would convince both them and
these who had approved and applsuded their men.
laws, that the people would not tamely submit to
Mb a series el illegal actions as bad lately brew
petpetratori at Manchester. This ronsidesatiow
brneght him to the hedgers of the day, and be could
not ellnw the present opportunity to pass be his
without making some 'Milks on this most monsentooll
an•l interesting subject. The worthy speaker then
'entered Lit.. a detail of what happened on the 16th
Anus?, asserted the legality and peaceable disposi-
tion of tt e Meeting; •nd commented to • strong
Ma of Patcasee open the mil iiti attar io which the'
Reformers were said to have marched open the
ground. lie also tiescribed the charge made by the
Ye-ntanry on the pcoole. and painted out what the
Magissrat.•s neeht to base done, and whet they failed
to do, es the supposition that the Meeting was to.
mslton•ss slid riotous. Is was aid that the Rev.
Mr. E•hetstwte had read the RW•:t Art ; bet if he
had read the Ri t Act, he olusetried it over in secret
In his ctnset ; sisal iusteut of taking his mensal of
devotion into his hand, ha grasped the sword.—
They all knew the manner in which the law or.
dined the Riot Act to be read. Would any mane
come forward and say, that Mr. Ditelstone had
mid it in the manner presteibeil by lele ? There
was reason to believe that there was nothing to have
prevented him from reading it even open the beatings,
as there was a range of constables so stationed as
to preserves communication between the hustings end
the house in which the Magistrates assembled. iloth
is his religious and magistetial capacity, he ought to
have warned the people of the danger to which they
wore 'slipover! ; bat did he do this, or any thing like
it? No, he retired into a , and these employed
biesself in laying snares for the unwary. Good Iles.
Ms! had the religiose Gentleman forgotten entirely
ow that day all the benevolent principles of t►at Gos-
pel, which breathes in every line peace and good will
to all mankind? 'lad he forgotten that it 'eking a
own. if he be smitten en one cheek, to tern the ether;
If ho asked to go oafs mile, to go twain ; if his coat
ha taken, to offer his tunic also ? Yes, all there
principles of brotherly love were obliterated Item his
mind, and only one sentence occurred to his recol-
lection, and that sentence was, " I come not to
brine peace on the world, but a sword :" this sen-
tence he recollected in•order to p►rvert it, and use
it in its mast strict and literal signification. Aber
totschiog open several points, and omitting to tooth
upon others from a wish of heating the sentiments of
the Gentlemen present upon them, ha said he world
read ' Resolutions which it • intended to •

oslosssl ar sown" '"o deuce. •pell meters gram a atm or nessma tor ,vvringrols •-- •
rl with soy quantity, - - the Gentlemen present upon them, ha said he would ed itr else barvnegiewd. • n a.coent of his olfactory
notice, cad as Toff As latention is announced of shortening the road read the ItemsWiwi's which it was intended to pro. n rrrr tg, olden sworn 6.• %bete nebod, else
0. 29, City-road, our between London end Edinburgh upwards of 3t) Pogo to lh"lo. Another Gentleman *cold second cupid two es..ke. Witcher he ..r,s toast 01 a 5.15.
miles. It is submitted to those who hate Mummer. them, and if, when he hail duo., any 'waists shield mender or • pl.mois, whether be could malaise fire
bed
rim abooda" supplymeat of the centers, that if a direct road from the wish to speakhimplored 11". hue he could "le frera hit "" al!'"`
mine. bet p. mire's's, or in opposition to them, •
1..• Wheel toms, inteeded Dew Post•ofGee to IM bottom of Barnet.hill them in listen to that individual ;if they could put hi. was • point which he. could not determine, and 1..
11 I. Isilifreo. was inside, therewould
• min of fell three mile, down by stgument, they ought to do it ; bet •they garding which hr did 1.-1 s.„„duct
in the first sta • hem L. usth.r.aard to Mr rift,' If•erf.n., .si,
or Nap, ac. acre • g. onion, as well as a Ming ef ought not to debase themselves hy encistarcatiog to
. to o. hot stibta R. Celt Oil often:lA' t..e Met'.
all tbe hills. 1 pal him dona by clamour.
• • •--
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