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subject, and it is now my duty to many cases might be found to inform you of their mature delibe- prove their value : it was proved, ration. There are two points that that if trilling articles, belonging to have been argued in your favour: the bank, were considered effects namely, that you cannot be con- under the statute, it might lead to victed under the 15th Geo. II. as make old stumps of pens and blotthe 39th Geo. III, repealed the ting paper of that description. But former. In the present instance it the judges had only gone to such is unnecessary to dwell long, as the effects as were intrusted to the serjudges are generally of opinion, vants of the bank. The bills in that there is nothing in the last- question fell under that consideramentioned act that can repeal the tion, as the judges are of opinion other : the question was, whether they are effects according to the the bills were effects within the 15th Geo. II., and that the emmeaning of the act? and the general bezzlement of them by you, subopinion is, that they are effects jects you to conviction, on the within the meaning of the act. count upon which you were found (Here the learned judge read the guilty. The count was that which preamble of the act which justified charged the buils as effects belongthe decision.) The great object ing to the bank, and subjects the of the legislature in framing the prisoner to the pain of death. act, he said, was to afford addi. tional security to the bank, and the COURT OF KING'S BENCH. principle of legislation must be ap
Feb. 28. plied to a regard for the general Susan Uzell v. Robert Fisher. utility; and when this law is con- The plaintiff acted in the capacisidered in the large and liberal ty of maid servant to a lady forview in wlrich it was framed, the merly kept by the defendant, who recollection of the enormous weight is an attorney, and a captain in the of exchequer bills in circulition, London volunteers. foust impress upon every indivi- It happened that the lady so kept dual, that they are fairly bought, was a Mrs. Perry, who went uncer and become the property of the the defendant's own name : by her bank for a fair consideration ; yet he had had six children, five of it has been argued, that they are not whom were now alive. The plainsuch bills as come under the act of tiff acted in the capacity of maid. parliament; and though the bills, servant to attend upon these chilupon the face, do not carry legal dren, and this action was brought value, yet they carry a validity of for wages (101.) due for the disthe greatest importance to the charge of that duty. bank. It is expressly stated in the Mr. Erskine expressed his astoact, that the offence of embezzling nishment that the defendant should them is not larceny, but felony : šo far forget his own character as the bills are, therefore, certainly to introduce such circumstances such a species of securities th: Ho into a court of justice, by the deman would hesitate to receive fence of this action. He underchem. If an insolvent debtor was stood Mr. Fisher had married anto omit placing any such bills in other lady, and he did not blame this schedule, every honest mind him for exchanging an illicit conKould revolt at the idea : in short, nection for one that was legal and
honourable ; but he must censure testimony of the clerk of the de. him most severely for abandoning fendant, and on the clear and conto poverty the unfortunate victim sistent evidence of Mrs. Perry.-he had seduced, and for even with. Verdict for the plaintiff. holding the wages that were due for attendance on his own offspring.
MARCH 2. The learned counsel then produced witnesses, who deposed to the situ.
PUBLIC OFFICE, BOW-STREET. ation of Mrs. Perry, and to the bu- Yesterday William Morgan, the siness in which the plaintiff was
driver of a hackney-coach, was employed.
examined before Sir Richard Ford Mr. Garrow, on the part of the and Mr. Robinson, on a charge of defendant, lamented extremely the wilfully driving his coach against indiscretion too apparent in this a chair in which the duke of Portcase ; but if his instructions were land was returning from the opera correct, he had a valid defence; on Tuesday night last, whereby the and with respect to the rest, he felt chair was broken to pieces, and very much as every man in court his grace's life much endangered. must do, but on which it would By the testimony of the chairmen, be neither proper or necessary that it appeared that as they were crosshe should detain the court and jury. ing Piccadilly, they observed the He then called several witnesses, prisoner driving his coach furiously one of whom directly said, the towards them, when one of them plaintiff had been discharged by called out to him to stop ; but he him (the witness on the part of the paid no attention to it, and condefendant), and that she had ac- tinued his course, and in a moment knowledged the discharge, by say- the pole of the coach struck the ing " she accepted such notice.” glass of the chair, which it shatter
This evidence was opposed by ed to pieces, overturned the chair, Mrs. Perry, who was again called, and threw down the men, who, as and who said the plaintiff was con- well as his grace, were in the uttinued in the service by the express most danger of being trampled to orders of the defendant.
death by the horses : however, they Lord Ellenborough—“The re- fortunately escaped with little insult must depend upon the credit jury. The fact being so very clear, you give to the respective witnesses. the prisoner was ordered to find If you believe Mrs. Perry, there bail for the assault, and in default was a continuation of the contract. was committed to prison. The children certainly did require the assistance of this person; these Admiralty-Office, March 3. it seems were removed in Novem- Copy of a letter transmitted in one ber last, when a year's wages
would from vice-admiral lord viscount have been due. The new connec- Nelson, K.B.commander in chief tion did not discharge the solemn of his majesty's ships and vessels duty imposed by nature upon the de- in the Mediterranean. fendant, to support and protect his His majesty's sloop Morgiana, own children by this unfortunate of Cape Spartevento, Oct. 16. lady."
Sir, His lordship then commented on I have the honour to acquaint the suspicious circumstances in the you that, being in chase of two
vessels diately gave
vessels on the morning of the 15th ninety-six soldiers, from Corsica
I am, &c. haul out from under the land, and
Nelson and Bronte. give chase to us with English colours and a red flag flying. I Copy of another letter from vicecontinued my course, until she admiral lord viscount Nelson, came within gunshot; when, dis- K. B. to sir Evan Nepean, bart. covering us to be a man of war, dated on board his majesty's she made sail from us. I imme- ship Victory, at sea, the Toth of
chase, and fred seve- January, 1804. ral shot at her; when she hoisted Sir, French colours, and soon after I herewith transmit you, for their came to an anchor. I then sent lordships' information,
a copy of a the boats, under the command of letter from captain Gore, of the lieutenant Lawrence, with orders Medusa, to captain Hart, of the to examine her, and, if he met with Monmouth, giving an account of the resistance, to bring her off. This ser- capture of L'Esperance French privice was executed with great gallan- vateer, and the destruction of Le try by him and the people under his Sorcier, on the 8th ult., and beg command, who boarded and carried leave to express
high op:her, under a smart fire of grape-shot nion I entertain of captain Gore's and musketry. She proves to be conduct in putting to sea immediLa Marguerite French privateer, ately on the appearance of these
two six and two four vessels, and his very able manæupounders, manned with forty men, vres in capturing and destroying three of whom only remained on them. board on taking possession. I am
I am, &c. sorry to add, that I had one sea
NELSON and BRONTE, man badly wounded, who is since
His majesty's ship Medusa, off I have the honour to be, &c.
the Mole Heud, Gibraltar, R. RAYNSFORD.
Dec. 8, 1803.
Sir, Copy of another letter from vice- As from your situation you could
admiral lord viscount Nelson, not see the cause of the manæuvres K. B. to sir Evan Nepean, bart. of his majesty's ship Medusa this dated on board his majesty's day, I have the honour to acquaint ship Victory, at sea, Nov. 16, you, for the information of the
right honourable lord Nelson, com
mander in chief, &c. &c. that at will please to acquaint the ten P.M. 1 observed a cutter standlords commissioners of the admi- ing in westward, and two French ralty, that this morning the squa- privateers (felucca-rigged), stand
Renard' French national tack her. I immediately order
dron under my command captured ing out from under Tarrife, atLe schooner, mounting twelvę foured both the Medusa's cables to bpounders, with six swivels, and slipped, and proceed to her assise manned with eighty men; also Le Tiwus transport, having on board ed from her. Favourable win
ance: as we approached they hau
and current aided the Medusa's the Arabic fluently, and who acted sailing; and at eleven o'clock we as interpreter there, waited upon opened our fire upon one (as she the dey, and presented lord Nels crossed on the opposite tack) with son's letter, with a suitable and effect; the other we ran close along-spirited remonstrance on the occa; side and captured, as per annexed sion. Throughout the interview, report, then tacked, and continued which lasted nearly an hour, the firing upon the other until she dey's conduct was very violent and rowed
amongst the rocks, within a outrageous, and it concluded with shot of the battery to the westward his positively refusing to receive of Cabrita Point. She received so either Mr. Falcon back again, or many of our shot, and from both to give up any of the Maltese in her yards being shot away, and his possession. nearly all her oars broken, I have « On the 17th, in the morning, no doubt she is effectuaily destroy- our fleet of ten sail of the line came in ed. I understand she was called Le sight of Algiers; when captain Keats Sorcier, of two twelve and two six again went on shore to wait upon pounders, with seventy men. the cey, who, however, refused to I am, &c.
see him, he being then busily em. (Signed) John GORE. ployed on the batteries; and after George Hart, captain of his waiting for nearly two hours, capt,
majesty's ship Monmouth, and Keats returned on board, and on our
senior officer in Gibraltar bay. fleet entering the bay captain Keats L'Esperanee, M. Martin, master, of two went on board the Victory, and
twelve and two six pounders, and se-
communicated to lord Nelson all Le Sorcier, of two twelve and pounders, destroyed.
“ Under these circumstances his lordship did not think it advisable
to attempt further intercourse with “ On the night of the 15th of the dey, or to make use ofany threat January, the Superb, commanded he was not prepared to realise, as, by captain Keats, anchored at Al- though we could easily in a few giers, having Mr. Falcon, the con- hours have destroyed his whole sul general, on board, and a letter fleet, which was then lying in the from lord Nelson to the dey, de- Mole, and have knocked down the manding that Mr. Falcon should town about their ears, we might have again be received as consul there, crippled some of our ships in such and that all the Maltese who had a manner as to render them unable been lately captured by the dey's to resume the blockade of Toulon cruisers, should be liberated and at this season of the year, which given up as British subjects. On was deemed a much more impor. the following morning, at day- tant object at the present moment, break, a sale was fired from the We therefore today left Algiers, fort; which, l. wever, captain Keats on our way to Toulon again. did not return, but sent a lieutenant “ The whole squadron were on shore with a letter, to request more disappointed than I can pos. an audience of the dey ; which was sibly express, at not being per: accordingly granted. Captain nitted to humble the dey, and exKeats, accompanied by Mr. Scott, tirpate for a time this nest of pi. chaplain to lord Nelson, who speaks rates. Two hours would have done the business completely, and Jew merchants residing at Algiers. I trust we shall one day make the It was through their persuasionand experiment. I am perfectly con- influence Mr. Falcon was driven vinced, from my own observation, out of the country, urder the preand it was also the opinion of text of some Moorish women being the ablest officers in the feet, found in his house ; though the real that four sail of the line would cer. cause was his having constantly retainly destroy all their works and sisted the attempts that were made all their navy in one morning with to induce him to connive at their very little loss. They have, in- covering French property during deed, a great number of guns the war, and his uniformly
THE DEY OF ALGIERS.
opposing mounted on their principal battery, the rapacious demands of the dey which defends the Mole where their on Great Britain.” feet is laid up, and it has a formi- March 8. A duel has been dable appearance from the bay; fought between lord Camelford and but, it is so injudiciously con- captain Best, of the royal navy, in structed, that line-of-battle ships the fields behind Holland-house, can anchor upon each Aank of it, near Kensington.
The meeting within half pistol shot, where not a
is said to have taken place in congun could be brought to bear upon sequence of a quarrel between the them, and in which situation they parties, who were intimate friends, would soon lay the whole work in on the preceding evening, at the ruins. This work is the sole defence Prince of Wales's coffee-house. of the town from the sea side,except About half past eight o'clock the an old wall without a single gun parties and their seconds arrived, mounted upon it, and which a few two on horsebackand two in a pose proadsides would crumble into dust. chaise, opposite to Holland-house, “The garrison does not amount to and were observed to pass over above four thousand soldiers fifthey into the fields. In a short time can be called such), who have nei- the firing of pistols was heard, and ther discipline or courage, and who when a labourer, who was working particularly dread the English; not in an adjoining garden, repaired to only from our naval skill, but from the spot, he found lord Camelford an antient prophetic tradition they lying on his back, in the lower
among them, and which they part of the field, which was overall firmly believe, “that Algiers is Aowed to the depth of several to be taken and destroyed by the inches in water. Captain Best and
on a Sunday.” The pro- his friend had rode off directly
may be easily fulfilled by after the slot took effect, and the whenever we choose ; and we other gentleman followed their exmust shortly take some decided ample immediately on the countrysteps to humble the dey, unless we man's coming up, on the pretence
content to pay him tribute, like of going for a surgeon. His lord. most of the other European pow. ship was unwilling to be removed,
No consul now can ever be and it was with difficulty that those sent back with honour or safety, who came to his assistance got him satisfaction is obtained for the placed on a chair, and conveyed to we have received."
Mr. Ottey's, at little Holland. Gibraltar, Feb. 4. The dey of house, where he still remains. His Algiers is entirely guided by some adversary's ball had penetrated his