in making advances of love to a lowed by an execution, which was married woman, he was liberated, sent to his lordship's magnificent on his promising not to be trouble. seat at Wardour Castle, in Wiit. some any more to Mrs. Siddons. shire; but instead of the sheriff leHe proves to be a native of Ire- vying the goods, he had returned land, and is a student of Lincoln’s. that his lordship had no goods inn, about 23 years of age.

there which could be taken in execution. In short, it appeared that

all the furniture from the state bed Admiralty-office, June 26, 1801.

to the frying-pan were vested in Extract of a letter from vice-admi- trustees; and that his lordship had

ral Rainier, commander in chief only the company of them and not of his majesty's ships and vessels the property in them. All this in the East Indies, to the secre was done by order, bearing the tary of the admiralty, dated on date of 1800, which recited that board the Trident, in Bombay lady Arundel, whose estates were harbour, 24th January, 1804. settled upon herself, had agreed

The Albion and Sceptre captured that 12,0001.; should be raised upon the Clarisse French privateer, of her estates in Shropshire, to pay twelve guns and 157 men, on the such of his lordship's creditors as 21st of December, in latitude 1 deg. he should appoint; the goods and 18 min. south, and longitude 85 furniture of Wardour Castle to be deg. 20 min. east. The Clarisse vested in trustces, izs a security for sailed from the Isle of France the the 12,0001. and in default of such 21th November, victualled for six appointment, the money was to months, to cruize in the bay of vest in her ladyship, or in her reBengal; she had not made presentatives, who were the trus

any capture.

tees themselves, viz. Mr. E. Arun

del and lord Clifford, who had marOF KING'S BENCH,

ried the two daughters of lord June 28,


Mr. Garrow commented at conDonay executor of Donay v. Sir E.

siderable length on this deed, which Bayntur, sberiff of Wiltshire.

he insisted was a mere fraudulent Mr. Garrow stated, that this was conveyance, intended to cheat the an action for a false return against claims of legal creditors. the sheriff of Wiltshire; who had The original judgment in Donay returned that there were no goods and lord Arundel was put in, by at Wardour castle belonging to which it appeared that the plainlord Arundel, by which he could tiff moved 2,400!. and 421. costs. levy the debt of the plaintiff. Mrs. The sheriff's return to the fieri faDonay, the plaintiff, he said, con cias was next read, which returned ceiving that lord Arundel was bet- that the defendant had orly 240..

. ter security than the bank of Eng which could be levied. land, had lent to his lordship :21 The defence to this case was, most all the money she had in the that the whole furniture of War. world; but finding that she could dour Castle was vested in lord not get repaid, nor the interest, she Clifford and Mr. Everett Arundel, had brought her action, and re- by deed, as trustees for lady covered judgment. This was fol. Arundel, in consequence of 12,0001.



being raised on her estates to pay charged the plaintiff with an athis lordship's debts. It also ap- tempt to rob them, and insisted peared, on cross exanıination of the' upon his being stripped naked, that steward and attorney of his lord- they might draw forth the property ship, that these deeds were kept se. he had concealed. Mrs. Whitaker, cret, and never executed until his a friend of the plaintiff, happened lordship came to be pressed by his to be present. It was in vain that creditors; nor did it appear that these men desired her to retire, the 12,0001. had ever been raised while they exposed their captive to or paid to creditors. A great va. this critical examination. The riety of voluminous conveyances woman said he was a friend of were read, to support the defende hers, and a very honest man, and ant's case.

she would see justice done him. Mr. Garrow, in reply, comment. They found nothing upon him ed with great asperity on the whole which could excite suspicion, and of the defendant's case, and charac- he was in the sequel set at liberty. terised it as a most foul, corrupt, The plaintiff so maltreated was of and stinking fraud, to defeat credi- the age of 72. He felt it necessary, tors of their just demands.

in order to redeem his character, Lord Ellenborough, in his sum- to bring an action for false impris ming up to the jury, left the ques- sonment against each of these per. tion to them on this short ground, sons in the hundred court. One of whether the conveyance to the the men was the nephew of the trustees was bona fide, or meant in present defendant. In order to fraud of creditors.

rescue his relation from this em. The jury found a verdict for the barrassment, the defendant at plaintiff, thereby affirming the deed first entreated the plaintiff to of trust was fraudulent.

make up the affair ; but finding
the latter was determined, he

threatened that the two men, who
S. Parke v. T. Newby.

had before charged him with the This cause was under very sinó robbery, should next swear to his gular circumstances. Both the having been guilty of an unnatural plaintiff and defendant are huck- crime. This was sufficient to intisters in the neighbourhood of Bir- midate a much younger and more mingham, and the material facts courageous man than the plaintiff. in 'evidence were these : The plain- His resolution, however, rose with tiff was walking in a lane in his the difficulty and danger of his siown neighbourhood, when he heard tuation ; and although a man had two men rushing up to him. Hav- been tried, convicted, and executed ing been lately robbed, he was at the preceding assizes on the fearful, and passed over a gate to same charge, he took th. daring avoid them. He presently over- resolution to resist this nefarious at: heard his pursuers say, “ D-n tempt on his character and life. him, there he is !” They instant. On the 29th of July last the defend. ly leaped over the hedge, seized ant again endeavoured to persuade him by the arm, and dragged him the plaintiff to suspend the actions > to Mrs. Rock’s public-house, at the and on finding him unmoved, either sign of the Crown, in Great Charles. by solicitation or menace, the plain. street, Birmingham; there they tiff was taken up on the foul charge,


[ocr errors]

JUNE 29.

and on the 1st of August last he said, the charge for which this bond was conducted from his dungeon was intended as a remuneration before Mr. Rix, one of the migis was such as would leave his client's trates for the county of Warwick. name “ to stink for ever in the nos. When he arrived, he met one of the trils of mankind ;” and he added, men by whom he was before mo so yreat was the affliction of Sadler, lested, and against whom he had that the pangs of conscience had commenced an action. The nanie occasioned insanity. He then callof this man was Sadler, and it was ed Mr. Fallows and his sister, who contrived that he and his wife deposed to the signature to the should make this horrid accusation. bond to which they were witnesses. The man had given his evidence, They also detailed the conversa-, and the matter was to be confirmed tion which passed at the time, indiby the wife, when it occurred to cating that the defendant was perMr. Paris, a reverend gentleman fectly compos mentis, and acquaintpresent, that the whole was an ed with the contents of the instru. atrocious conspiracy.

He there. ment. fore humanely interposed, and en Messrs. Gibbs and Parke, for the treated that the accuser might be defendant, contended, that the tes. detained until his accompliceshouid timony of Fallows was untrue, be produced. The magistrate com- from its inconsistency; and they plied; the woman was sent for, brought forward many witnesses to and contradicted the testimony of destroy the credibility of the eviher husband in every particular, al. dence for the plaintiff, from the though he had deposed that she character of the deponent. was in company with him, and was Lord Cllenborough drew the witness to the whole transaction. attention of the jury to all the maIt is needless to say, the plaintiff terial points of the cause; dilated was discharged. The defendant on the credence to which Fallows had sustained so principal a part in was entitled ; and concluded with this last scene, that he was under saying that the determination of the the most serious apprehensions for jury would be wholly governed by his own safety, and he had already their opinion, if the bond was or become acquainted with the firm was not fraudulently obtained. character of the plaintiff. If he Verdict for the defendant. were brought before a jury, and his flagitious conduct were exposed COURT OF EXCHEQUER, in its true colours, not only the

June 29. honest indignation, but the dispas- Almira!Burke!cy v. IVhiting & others.

sionate judgment of iwelve un· biassed men, in an action for da This was an action for a libel on

mages, would sweep away the the character of admiral Berkeley, whole of his property, and consign which appeared in a weekly paper, him for life to a gaol. In this si- called The Rosal STANDARD. tuation he signed a bond to the Mr. Erskine stated the plaintiff's plaintiff for 5000!. payable in six case with great energy and elomonths; to obtain payment of quence.

He dwelt on ihe value of which this action was brought. character, and the honest pride

Mr. Erskine stated the particu- which an honourable man must lars to the court and jury. He necessarily feel in the possession


[ocr errors]

and preservation of it. Those who witness produced minutes made disregard it are generally negligent during the proceedings of the ship of the means of acquiring it. Ta. and feet in the engagement, and citus, one of the most enlightened read part of them to the court; by judges of human nature that ever which it appeared, that on the 1st of wrote, observes, that they who de. June the signal was made by lord spise fame despise the virtues which Howe, on board the Queen Char. bestow it..-" Contemptores fame lotte, for the Marlborough and Decontemnunt virtutes.The libel in fence to bear down on the enemy's question was gross and malignant, line; in compliance with which, written with a view to divest this the plaintiff conducted his ship togallant officer of those qualities wards the enemy, and with great which are most essential to a naval precaution ordered the crew not to or military character. It was sign- fire until close to the ships which ed an“ Old Sailor," and described they had to engage: his orders beadmiral Berkeley as a shy cock-as a ing obeyed, they did not engage follower of the dastardly maxim so till between the stern of one Frenchpointedly set forth in Butler's hu- man and the head of another, when niourous poem of Hudibras

the Marlborough raked both, and “ He who fights and runs away

threw the French line into the greatMay live to fight another day; leeward of the enemy, and was en

est confusion ; she then dropped to « But he that is in battle slain «Can never live to fight again.

gaged by an 84 gun ship on the lar

board bow, and a large ship on the And the infamous publication starboard quarter, after having charged him with a particular act forced two ships to striketo her. By of cowardice on the glorious Ist of this unequal contest, and being seJune; wher, as it stated, he went parated from the British fleet, which below, merely because he got a was then to windward, she was bloody nose by one block (his head) totally dismasted, had upwards of happening to knoek against an- thirty men killed, and a hundred other.

wounded. The plaintiff fought on The libel having been ascertain the quarter-deck the greater part ed to have been published by the of the engagement, and received a defendants,

violent contusion on his forehead Captain John Monkton, of the by a splinter shot ; in consequence royal navy, was examined for the of which, by the advice of his ofplaintiff, and stated, that he was ficers, he went down in the cock. first lieutenant on board the Marl. pit to have his wound dressed, after borough, when she was under the giving his sword and the command command of captain Berkeley, in of the ship to the witness, his first the engagement of the 1st of lieutenant, durmg the plaintiff's abJune 1794: he in his situation as sence, who remained with the surfirst officer on the quarter-deck, geon. The ship was reduced to had an opportunity of observing the most shattered condition; her the behaviour of the plaintiff, who stern was shot away; her bowsprit, on no occasion during the action masts, and the last of her colours. appeared to be deficient in courage, At the same time, Ie Montagne, a coolness, or ability, but conducted French ship mounting one hundred himself like a British oficer. The and thirty guns on four decks, was


[merged small][ocr errors]

bearing down to sink the Marl. however, expressed their entire saborough, but was cut off by the tisfaction with the testimony of the Royal George. Under such cir- gallant admiral, and dispensed with cumstances, the witness kept the examining more evidence. command during the plaintiff's ill. Mr. Dallas, for the defendants, ness, who appeared to have been made a very long and able address dangerously wounded. There was to the jury in mitigation of danot the smallest want of courage mages; he described the libel to to be imputed to the plaintiff, and have been sent to the defendants in the witness saw that he behaved an anonymous letter, and from like a brave Britis officer,

want of caution, and without any Mr. Romney, the surgeon of the design to injure the reputation and Marlborough on the Ist of June honour of the gallant admiral, it 1794, proved that he dressed the had been published. Theunfortunate wound which admiral Berkeley had men, he observed, who had been received in that action ;. that as employed merely as mechanics, soon as it was dressed the admiral namely, the printer and publisher, (then captain Berkeley) attempted ought, in justice, to be excluded to go upon deck, but fainted on the from the quantum of damages, as cockpit stairs, and continued for they had acted under the orders of a long time in a state of insensi. Congreve, the editor. bility. From the wound itself, Mr. Dauncy followed on the and all the symptoms attending it, defence, with arguments extenua. he was convinced that there was a ting the defendant's conduct. serious concussion of the brain, The lord chief baron observed, which made it absolutely impossible no defence had been made ; and, for captain Berkeley to have re- having censured the publication of mained upon the quarter-deck. the libel, from its evil tendency,

Mr. Forbes was a surgeon resi- directed the jury to give such dadent in London, and visited the mages as they adjudged commenplaintiff about the latter end of surate to the injury it produced. July; he had seen the wound in Verdict for the plaintiff, One his forehead, which had partly ex- thousand pounds damages. foliated the skull; he was convinced that such a wound must

JULY. have been attended with such a concussion of the brain as would 11. Last night at eleven o'clock, render it impossible for him to re a most alarming fire broke out main on the quarter-deck as com- at Gandon's cooperage, Georgemander of the ship. He should yard, Whitechapel, which entirely have judged, from the appearance consumed the premises in the space of the wound, that it must have of twenty minutes. The conflagraproduced insensibility and stupor tion was so great at the commencealmost immediately.

ment, that the people who inhaa Admiral Duncan gave the plain- bited the contiguous houses filed tiff a most excellent character for naked into the street.

The wareofficer-like conduct.

houses of Messrs. Samlin and Co. Lord Hood and earl St. Vin- had a narrow escape, the front of cent attended for the same purpose. the windows being at one time in a

The chief baron and the jury, blaze, which was in time fortu. 1804.

(E) nately

« VorigeDoorgaan »