The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-30
LAW INTELLIG EECE.
Court u Kings Bench. Westminste+.

o'MEALY u. WILSON and ANOTHER.
The only question for the determination OF
the jury, III this case, which was AN action
upnii recosnizance, was whether the plain
TIT was an alien enemy, subject OF France,
and carrying on trade there, and Us such
not entitled to sue in any OF the courts of this
country! 1t had been formerly before the
court. upon the point whether an affidavit in
France was sufficient to hold person to
bail in the courts here? Mr.. O'Meaiy had
recovered no less than 1,400E against a per-
| son of the name of Noel, for whom Mcs.rs.
Wilson and Colquhoun were bail.
Ihis being the state of the question, it fell
upon the attorney general, for the deien dant,
In the original action, to shew why the plain
TIL had no right to sue in the country, by his
not falling under some of the descriptions
stated IN tile various counts OF the dcclara-
ton. Heursed that O'Mealy was an irish
man, and having chosen to settle i'm France
tor many years. he no longer owed allegi-
ance to our sovereign, and therefore was not
entitled to any of the privileges of British
subject, as had already been decided by our
courts in former cases. In support Of this
allegation. he called
William Deblois, who deposed that he
knew Mr.. O'Mealy, and had seen him seve-
raj times in Paris, from the year 1896 to
1902. He had heard him, in conversation
sag, that he was not ashamed to own his
country. The circumstance which led to
TINS conversation was, that there were Some
irIShmen at Bordeaux who could not get per-
mission from the government to go to some
other part OF France. A Mr.. Miller. who
was in company said, "Mr. O'Mealy, what
is the reason they will not permit YOUR ccun :
trymen to go from Bordeaux" To this o.
Mealy answered, "some of them do not de
serve to SO any where. but still am not a
shamed to own my country" The CONVEX
sation was not directed to the witness, but
he happened to be present. He had also
heard him talk of "his countryman .Nahher
Iandy." Any man that saw O'Mealy would
Know that he was an Irishman
Cross examined 6y mr.. Parke.
The witness proved MIR. O'Mealy', hand
writing. He himself was AN American,
and commanded an American ship. He did
hot believe that O'Mealy was ever recogniz
ed as an American subject.
n letter from O'Mcaly was produced and
read to prove that he was at Baltimore. ON
the SOth January, 1908.
Mr. Skipwith deposed, that he had known
Michael O'Mealy for ID years and had seen
hin IN Paris early in the month of Septem
Der last. tie had heard that he was con-
cerneu III business with American citizens.
CTOSS examined
lie (the witness) was the American con
SUI ut faris. When he first knew Mr.. o.
Mealy, he understood him to be engaged in
trade with America, and that he Vas always
considered by the American ambassador as
an American citizen.
Lord Peterborough observed that the plain
tiff might have been engaged in trade with
America, although he may originally have
been an Irishman
Mr: Parke, for the plaintiff, contended,
that OMealy was an american and altho'
residing in France, was to be deemed a men.
trail subject, and therefore had a right to
sue IN our courts. Although the PLAINTIFFS
name was apparently Irish, yet 1t was per- |
fectly we'll known, that America at this mo- |
rnent is peopled by the descendants of En- |
glish. Scotch and Irish so that the mere
circumstance, as to the name, amounted to |
nothing There was not sufficient evidence