The Statesman.
London, England, 1812-11-26 00:00:00

THE_ grAtESI4N:

• -LIEUTENANT DAMAGE. • - LAW 110TELLIGENSE.
nature, when it was considered that it was addressed
--essie--
...........e-
-. • •• .•... t • - . .'ton Gentle Man who had undertaken the high and la.
We have communicated the particular of the m. , COURT CIFKINO•9 DIENpH.WEISTaiIIiMIR, !f4;i.25. !borious office of a Magietrate, in the exercise of the
cution of this young Officer. The following h his'
, .........
BUYING GUINEAN. duties of which he yes entitled to every protection.
B
speech upon his trial :
;Their Lordships would eicinie hit/it however, when
DEFENCE.'
attention to a co
MR. PRESIDENT, AND GENTLEMPJI OP TRIG HONOUR- : THE KING V. DOGG/111:-LTHE KISSG *V. BROWN. he for a moment drew the
The Defendants in these two cases were brougthentisldera.
ht
tion of the case in which the Defendant steed. He
" ABLE COURT, . up to. receive the judgment of the Court, having been Was a surgeon in entifidetable practice the father of
" it is with the utmost poignancy (greeting, with the deepest
bitteroess and regret, that t appear before yon in my present as.- convicted at the last Lancaster Assizes held at ' ' 1
ful and unfortunate situation. To the wretch hardened in chester, on two several indittinents of purchasing
, t Man- a family, and the master of this apprentice. One
crimes, and growing grey in the pursuit low-lay, the reeol-part, and a grand part too, of the object weich the.
guineas'at more than the legal value. Both the De- • Defendant
to accoi rch, by having •
teethe; of having avottwly deprived a fcreature of exist-
cue, the divine gift of the Creator, what ever crowd his imagi- fendatits had purchased guineas from the same woe had in TRW, he had been enabled this day
nations with a load of the most intolerable ideas. man, named Martha Hawkins ; Dougan having given np i , it put on record. in Ihe elle.
davit this day filed by him, that he had not violated
How then can any power of language express the multi- h
plied pains of my situation, the pangs of remorse which Swell in er at the rate of Us. and Brown at the rate of 4235. one of the greatest duties and trusts 'reposed in him—
my bosom with the most heart-rending sensations en the remem_ for every guinea. that of abusing the person of the girl whom it was
brance of tae past, through an unpremeditated and deeply I '
a- Mr. Justice GROSE, after that guineas ought
of M
his duty to protect. It appeared frotn the a eidavit
merited act, which has led to this investigation. Ab, God, could ' not to be bought or sold at all ; and that, in the pre-
years of banishment and pain atone for the mania of:a• moment,
could teai.; tit' blond, or sobs of acutest grief recal The flighte sent state of our currency, the Act of Parliament r. Carpenter himself, that the girl at first
the
expressly. disavowed idea of any intercourse hay-
. ..
spirits, the; seorplon s swig whit h now rankles in my hOs4mls for punishing this offence was not only highly neces- tug taken place between her master and her. It was
might he removed. 141111 tile fever of a young man be
,sueded by -
peace of mind and tae sweetness of content.: but alas ! what ! ear but that the transgression of the Act ought to .
strange, therefore, that she vliould after %Oki& come
human power can rq.kindle the vital Spark, or illuminate.the •be severely punished,ordered, as a warning to the Defe-
. back to Mr. Carpenter's, and swear the Defendant
I faded eye; the flood of affliction and the humane• tear are in D d
vain; they rend my sOul, but yield no consolation to its wougd. Jen ants themselves and others, that the Dein-
, . to he tile fathei of the clue!, with which she was then.
" Thus, though impressed with the deepest contrition, n , my. dusts be' severally imprisoned, for six calendar
imagination ithof
recoils iv ith her and indignation at the shocking months, in the Castle
Lancaster,
and be, in the supposed to be pregnant. The girl did not appear
en
imputaßtal of murder,-thoegh the unfortunate man did indeed
remanded to Nee to in execution of
ev then, to be aware of the nature of an oath, and
I fall by my hand, the violent mutinous tenour of his conduct, mean time ,ga,
min those circumstances, it might be supposed by the
I heightened by the most aggravated eiremnstances to meshis to ' as- ; their sentence. .
mansling Offi car, in the act of carrying On the duties of my si- . , • ; Defendant to be somewhat strang et that without
tuation, worked me in a frenzy of passion, in the tempest of I THE KING D. WitiTAKTII. ANTS OTHERS. I warning of any kind, Mr. Carpenter should issue i
which he fella sad victim of his Ono consummate ob tinacy. Charles Peter Whitaker, and William Schmidtl warrant against him -immediately on the back of this ;
! Of • ' '.
rent nature fro the whirlwind of rage by which t otherwise Andrew Wilson, were brought up to re-
a very dill( nt
' he was swept from among men. is the prepense malice of the de- !and while the Defendant's mini' might be supposed
• liberate and iusalious murderer. I ceive thejndgment of the Court,they having been con-
. to be iii a state of irritation, followed the :otter
I " tiod Almighty knows my heart bleeds at the recital; bet t victed en an indictment charging them with which* was the eoesPi- subject of the information. Hi, (Mr.
I
is a duty I owe to m3self, and to the world, to draw your 1 • r
run anong with Noah Edward Louis; otherwise
' attention to my situation as a First Lieutenant, and the cons.- r" Serjeant Pell) that •.
agreed,
to many places the letter
quart provocation; and I fondly hope this' Honourable Court • Knight, who was also tried under •the same indict- was highly unjustifiable. Their
Lordships would
:w el accompany me in may feelings as anOtlicer, and as a elan. went, but was acquitted : and with another person,
A complaint had been made to me by the carpenter of the ship, ' • keep in suited, however, that the Defendant had
named Augustus Stevens
of the deceased, who had conducieriltimself in the most riotous g, otherwise Whitaker, who never exhibited the letter to ant- person but to Mr.
! and•eionderie manner to the said per-on: weighing the dream. ' was not tried, not having been found, to defraud Carpenter himself, and that the great and natural .
stances, I, is ith a lenity natural to me, and whirl!; I trost, I one. Edward Gibson, and h •actually eying defrauded
shall prove to have ever been my characer, from nigh '•virh-nce, out of irritation produced on his mind by conduct which be •
ordered him a slight punishment, too trifling in its oattire, and him
net unbecoming his sittiatiun as a soldier, merely to walk the the said Charles Peter Whitaker to be represented as reasonably account for the limited
veryproduction
Iquarter-deck aoh a musket in his hand, and to which 1 was ii- a
duced by a prepossession in his favour, dud a wish to preserve ' - person in good circumstinices, and Schmidt, Au- ' 1
of the letter. .
him Irvin condign punishment, which must have been the cease- gustus Whitaker, &c. as being also persons in good Mr. BURROWS, on the thought 't
, same side,e une
• quenee if the regular steps had peen taken. When, aim insuf- circumstances, and of' great worth and respectability I
necessary to add one word.
I feratile contempt, better expressed by the carriage and demure . p m • I
I eounten,snee and eye than bylauguage lie impertinently refused •at Palermo at Messina and other places. The . i Mr. ileum. saids at Mug as the protection of the
tor-to:Hu om ; I again and again commanded farther cpliance , • :
case, which exhibited a complete tissue of fraud and , Magistracy was the peculiar duty of their Lordships;
the same I.rovoratioa was renewed, I flew to my weapon, and deteption, by which Mr. Gibson had been induced '
here. before Gest und my Coniary ; m sokinnly disclaim iit would be an idle waste of time in Counsel to ene
• any inteation .o endonger the life of tai deceased, mid declare to enter into partnership with. Charles Peter White- i
I tleavour to point out to them what was the course of
! I vacate simply to intimidate, and thereby force obedience to ker, as general merchants, and thereby to give to ; their duty. Ile denied t:at the conduct of the De-
: ray orders. Acting on this princiele, I several times struck the him, amid to his associate,Mr. Schmidt,
otherwise
museet e hieti elle deceased held is his hand, and desired him to fendant could be attributed to irritation. lie eads
walk about-ibis seemiegly had :he desired effect-he shouldered Wilson, the controul over property to the amount , long after the writing of the letter, been advised to
arms, and my sword was returned to its scabbard. Rut in the' of befweeit .10001. and 50001. obtained from different'
make an apology, and had refused, saying, he should
very same moment, say soul still glowing with imlignation at his
cit
outrageous entiacity of air and aspect, he again refused cornslit the was tried at Guildhall, before'
merchantsy,wish to hear the letter read in a Court of Justice.—
,
;Aimee, and dared me to the fatal act. The imposing attitude Lore Ellenhorough, on which occasion we gave a, He had been so gratified, and a Jury, on hearing it
of the MAD, the fierce arrangement of his features, his high in- detal of its leading circumstances, which we now'
gratitude and disdain, working on my imagination, already In- . I read, had pronounced the letter a libel.
furiated by irsitated exasperation, that darted like a flash of j abstam from repeating, Mr. MOORE and Mr. Girecieo followed on the
lightning across my brain, reason forsook its seat, raging mad- Tie two Defendante now filed -affidavits in mitiga- , same side.
nest tisurprd the sway, and my sword obeying its hurried mans Hon, by which itappeared, drat they had already been I
date, was passed jinn his body. 1. Mr. Justice Gaon, in passing sentence, said, the
1 " Cruel! cruel 1 most cruet sword ! a Melt at once element •in Newgate, on the present change, the former for ' present was surely a bad offence, being a libel on
him into eternity-to appear unprepared liefore his Gud-and 14, and the latter for 13 months. •I the charaeter of a Magistrate, who, having done no •
nos into the dee,.est gloom of misety and remorse. I trust Ido ed
, .r. Justice GROSE conceived the resent to be one •
' not exhaust the indulgence of this Honourable Court with a re- more than his duty, every man was bound to See
1 . petition of my regrets-what bosom can dent the sigh, or *hat 'of the most
eye the tear, when charged with the death of a fellon-creature,
under any circumstances whatever I Tbefull heart feels relief ever been acquainted with. Impressed with this per- ' . •
that lie did nothing to annoy him. The letter in
thoughwritten only to him, •ht
question, might irritate
,on the heaving forth of its sorrows : and though no pencil ran suasion, the sentence of the Court upon the present
•
him to skew it. There was this circumstance, how-
poortray
the anguish which preys upon my maid at this moment, ' Defendants was, that they be severally imprisoned ever, in favour 'of the present Defendant, that the
yet I fe"" consolation in thinkin that Limit "In was fin' itt the gaol of Neweate for IS calendar months, and ..- Prosecutor
need not have shewn it, unless he had
merly the object of my lenity-whom, from motives or compas-
sion, and the just sense I entertained of his professional abilities, that they do severally, within the period of one been so iliClilleli ; and, in that event, it would
I had shielded from punishment, though implicated e itli the se- month from the date of their sentence, stand in and ; never have become a public libel. This, however,
riot's charge of mutiny. From this circumstance, I hope it will
appear to this Honourable Court, that there wastes premeditated •
upon the pillory, at the Royal Exchange, for the yeas still a libel which must be punished ; and,
malice against this unhappy victim of my miseuided passion-- I space of one hour, between the hours of twelve aid on the whole, the sentence of the Court
was, that
and that a moment's cool reflection would have rather induced ! two o'clock. the Defendant, for his said offence, be committed '
me to stretch Lath that arm for his preservative instead of his de-
etractioo. 1 TUE KING V. NENNELL. to the custody of the Marshal of the Marshalsea
4. I cannot leak back on are unhappy event without suffering t The Defendant in this case,n ho was a Lieut. in the !of the Court, fur the space of six weeks, and he then
the Most painful sensations, not only us respects the deed itself, I lc.
a Ast Gloucester Local Militia, was called on to re- d• h ed
but also as regards a sort u'r unhappy destiny, and not as a ea- ' 1 isc arg .
sual occurrence. lion forbid that I saould firer a 1110111 CM dare to ! ceive the sentence of the Court, having !Wowed judge , _or,
arraign, or evea to call is question, the justice of au everlast. I invent to go against him by default, for challenging, I COURT OF COMMON PLEAS, Nov. 45.
log. Providence : but if ever fate preponderated the action of • and after osti p gnas a coward Mr. Cram Sur Surgeon, ' Mr. Serjeant BEST was heard this day in support .
,
an individual, or hurried him to a crisis, smue unknown power..
with cruel and desperate sway, tyrannized on flint lamented j of pi istol, of an objection taken iu behalf of tee underwriters
and also a Surgeon of the same corps itt , . .
day over the atrectinns of my bean, and dashed its calm Plea...which the Defendant was a Lieutenant. The die.; in a policy of insurance cause on the Americ I, at and
cidity with the tumultuous waves of violence and rage. ' I
" I must claim the indulgence of this Hou. Court for occupy. . pute arose iii consequence of an altercatioe betweep from any part north of the Scheldt to Archangel.
ingot° much of its valuable time, it' 1 have deviated from the the parties respecting a seat in one of the boxes of
t It appears that the Lords of the Treasury granted
subject before them; hut Si . ben they recollect the very critical the Cirencester Theatre. . a licence .to an English merchant of the name of
situation in wliicii Lam placed, 1 hope they %ill be ready to • •
pity and forgive the *metering. oh' the mind. I shall beg leave The sentence of the Court was, that the Defeo- Simpfin*, to import goods from Russia. Simpfin, by .
to call the attentive of the Court to the testimonies I g-hall ad • dant he imprisoned in the custody of the Marshal of means of the licence, enabled alien enemies at Arch-
wince to prove the eneral calmness and indulgence of my tem- the King's Bench prison for three calendar
9
Arch-
per towards ever one in public and in private. I have more;
particularly at this time to lament the death of my much-re- and that he do then enter into recognizances to keep goods for England. The question under these cir-
spected friend nail commander, Captain Rushbrook, as slso '
l the peace for three rears, himself •in 1001. and two cupistances was, whether the property was protected
' the absence of Admiral Dixon from this country; but yet 1 trust
Isbell still be able, from the testimony of Capts. Trollope and sureties in 501. each. iby the liceece, so as to make the under% ricers liable
Brainier, and another Officer lathe Court, and sit many of my ' TUT 11,1NG a. UAKNIBROoK. • !for the loss i'—The Learned Serjeant contended, that
inewmates and brother O&M-and what must lead still mimeo Mr. I
JEKYLL moved the judgment 'of the Court the King's licence could not have given the right of
, convince this Honourable Court of the extent of my clemency, as
Defendant in this case, who is a surgeon importing the goods to any other than Simpfiti, a Bri-
t it respects my conduct to those placed under my command, to•
,against the
Bri-
• gethcr with my other depositions, the leading men of the Griffon i of considerable practice in Tavistock. ; tish subject.
are also ready to bear testimony. I trust the warm and artless , . . , . information
ten against the On the other side it was urged, that the present
et criminal had been n
effnsions of their manly and unsophisticated hearts will su Mclean- !
ly convince the Honourable Court of the repugnance of may tin-' Defendant, for writing anti publishing a Letter of a state of commerce has changed tee construction for- •
i titre to the act ; and that nothing but the irritating conduct of I libellous nature to Mr. Carpenter, a Magistrate, merry put on licences, and that the decisions in the
the deceased could have made me outstep the bounds of reason , ..
Adheralty Court had considered enemy's property,
and justice. A seemiag obedience returned the blade unpolluted ' of the County of conduct
Devon, for his while act.
to its sheath, when an unexpected recurrence of the °Pace, carried under such licences as entitled to protece
ing in the exercise of his duty as a - Magistrate.-
under aggravated circumstances, overwhelmed at once my din-
The information was tried at Exeter, before Mr. lion.
[
cretioo and my judgment, and drove me on to commit the horrid
deed with which' Island arraigned at the bar of this Honourable iJustice Chawbre, and the Jury foundthe Defendant Mr. Serjea t BEST,' in reply, argued that the.
i : Judges in Westminster Hall, could not be governed
, Court. r --Guitey.
1 4, When I turn my
.thoughts towards the melancholy cams. ,
I The Libel in question, which was contained in a by the Admiralty Court,- which of late had shifted
! trophe, the retrospect is agonising in the extreme': but I look ,
forward to whatever may be the result of this Court Martial, ' letter from the Defendant to the Prosecutor,
charged its legal opinions in confiirmity to political circuit,.
with becoming deference and resignation, which can only pro- ae
nsr. Carpenter The Common Pleas could only place a
with haring allowed a young woman, stances. .
ceed from a conscience awakened to its guilt, and assisted by . , knewaction on the licences...according to the strict
no more of the nature of an oath than a conetr
the Divine Power. 1 feel supported by the confidence of ever also
having acted on humans sad honourable principles. 1 know baby, to make a solemn declaration against the De- law of the land. It was also stated, that the same
myself incapable of committing an ill action, and am horror- fendant, without afforded
his being present, and that too after : question, with respect to the protection by
struck at the magnitude of this. I trust there is not a spectator the De,. I such licences, new remained for• judgment io (be
to this Court, who does not believe these solutions to be the 1 she had in equally positive terms etculpated
genuine inmates of my breast-if there be any amongst them_
the
. fendant from any such charge. Was not this, the - Court of King's Bench. 'The Court did not give
a contrary opinion, I address than In the language of , Defendant i • ed. hietlt • This• is considered a question of the
asked, condemning him to infamy without j g •
i Apostle Would to God you were all together such as Lam, ,
I except Inc bonds.' being heard ? and loading him with a crime at which ' greatest iinportauce.
I
1 .4 hie. President, and Gentlemen of this Honourable Court, human nature revolted ? This wet a conduct which ,
is your hands I place my honour and my existence, the hopes ,
and fears of my family, and all that is valuable to the Officer, the Defendant conceived to be illiberal, unkind, and i
the Gentleman, and the Man, fully sensible they can be no . ungentlemanly. Mr. Carpenter too had given to the
were sasafely confided as to the breasts of those of my own
girl a Bible and a pair of shoes. In some countries
profession, the pride and boast of my Country, mid the terror .
of its foes. have proved before you, as before my God, the this would be accounted a bribe. If•It was, how-
, case of my unfortunate situation, and whilst you decide on my ever, necessary that men should do to others as they
future destiny, 1 earnestly entreat you to remember, ' That •
would wish that others ehould do to them, he left it
earthly power doll then skew likest God's when merry seaway I '
Mr. Carpenter to say if he had acted towards the
justice.
Defendant on this principle, in the present instance,
where on such evidence as this girl's be had issued a
warrant for apprehending him. . .
. Ateaffidavit of the Defendant's wall read, stating, i
that be is a medical man, residing in Tacistock, and
having a wife and child. The affidavit also bore, in.
express terms, that the Defendant had never had amy
criminal connectiou whatever with Elizabeth Lander,.
'the girl on whose declaration the warrant against thpi
Defeadant was issued by Mr. Carpenter, the girl
being then of the age of 14. or 16, and being the
Defendant's apprentice : and farther, that the De-
fendant had never shewn the letter in question, writ-
ten to Mr. Carpenter, to any person, except to his
wife and family. _

Several of the Midshipmen, now prisoners of wit.
in France, are promoted to the miik of Lieutenants.
Colonel CONGREVT'S apparatus for securing Willy.
lane Theatre against fire, brings to mind what "Sr
WILLIAM DtTENANT said to the audience ou as
alarm of fire when he was Manager.—" He begged
the people not to be at all uneasy; for be had the
happiness to assure them, that if necessary, he could
ustOwts zits WIIOLII PIT in less than five mieutee!"
FONT/LILL ABIST.—II now appears from accurate
mensuration', that the height of this extraordinary
structure is within a few (25 or 26) feet the same as
of St. PAUL'S! And what is an additional aggrandize-
ment, that the grows(' at the foundation is on a level
with the top of saliabury spire! While again, that
spire is among the loftiest knetwn, at Strasburgh and
Vienna; namely, above 400 feet (perhaps 410 feet);
of count. foico dig hojakt of the DIOXVIICSI !
.. lA* kr

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COURT OF-EXCHEQUER, Noe.??. •
THt ntsray. nir4ot.o. • I
This *as an application to the Barons of the Er.
chequer in•lehalfiof two Societies established at •
Norwich, under the name of the Union Life and t.
Fire Assurance Societies. Ilappeared that the Com.
missioners of Assessed Taxes had made their assess- • r
milt on the property of these Societies on. a scale, 4, .
which 'they contend war by no means proportioned i.,-
to the real state of their sconcern. A represent*.
floe having.beee made by the Secretary of the Socie. i t;
ties, first to the Board of TAWS, and finally to the
. . ,
Commissioners, a. revision of the assessment was
made, but the Commissioners affirmed their former
determination.
Mr. lioutialro endear-oured this day to shew, by a '/'.
statement of the affairs of the Society, that they had
and he contended that the . .. ,
~:..
been unfairly assessed, ‘
Court had a power to tontrout the Commissioners,
and reverse their decision. i,
The 4rroaNtY-OrAgaaF. opposed the application , ,
to quash the assessment,, on the ground that the
Commissioners had a poier given them by Act of r
Parliament, ,which did not admit of the interference
of any Court in their decisions. ' ...
The Polio Basun, in giving judgment, observed* 0t
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