Графични страници
PDF файл
ePub

subject, and it is now my duty to inform you of their mature deliberation. There are two points that have been argued in your favour: namely, that you cannot be convicted under the 15th Geo. II. as the 39th Geo. III. repealed the former. In the present instance it is unnecessary to dwell long, as the judges are generally of opinion, that there is nothing in the lastmentioned act that can repeal the other the question was, whether the bills were effects within the meaning of the act? and the general opinion is, that they are effects within the meaning of the act. (Here the learned judge read the preamble of the act which justified the decision.) The great object of the legislature in framing the act, he said, was to afford additional security to the bank, and the principle of legislation must be applied to a regard for the general utility; and when this law is considered in the large and liberal view in which it was framed, the recollection of the enormous weight of exchequer bills in circulation, must impress upon every individual, that they are fairly bought, and become the property of the bank for a fair consideration; yet it has been argued, that they are not such bills as come under the act of parliament; and though the bills, upon the face, do not carry legal value, yet they carry a validity of the greatest importance to the bank. It is expressly stated in the act, that the offence of embezzling them is not larceny, but felony: the bills are, therefore, certainly such a species of securities that no man would hesitate to receive them. If an insolvent debtor was to omit placing any such bills in his schedule, every honest mind would revolt at the idea: in short,

many cases might be found to prove their value: it was proved, that if trifling articles, belonging to the bank, were considered effects under the statute, it might lead to make old stumps of pens and blotting paper of that description. But the judges had only gone to such effects as were intrusted to the ser vants of the bank. The bills in question fell under that considera tion, as the judges are of opinion they are effects according to the 15th Geo. II., and that the embezzlement of them by you, subjects you to conviction, on the count upon which you were found guilty. The count was that which charged the bills as effects belong. ing to the bank, and subjects the prisoner to the pain of death.

COURT OF KING'S BENCH.
Feb. 28.

Susan Uzell v. Robert Fisher. The plaintiff acted in the capacity of maid servant to a lady for merly kept by the defendant, who is an attorney, and a captain in the London volunteers.

It happened that the lady so kept was a Mrs. Perry, who went under the defendant's own name: by her he had had six children, five of whom were now alive. The plaintiff acted in the capacity of maidservant to attend upon these children, and this action was brought for wages (101.) due for the dis charge of that duty.

Mr. Erskine expressed his astonishment that the defendant should so far forget his own character as to introduce such circumstances into a court of justice, by the defence of this action. He understood Mr. Fisher had married another lady, and he did not blame him for exchanging an illicit connection for one that was legal and (B3) honour

honourable; but he must censure him most severely for abandoning to poverty the unfortunate victim he had seduced, and for even with. holding the wages that were due for attendance on his own offspring. The learned counsel then produced witnesses, who deposed to the situ ation of Mrs. Perry, and to the business in which the plaintiff was employed.

Mr. Garrow, on the part of the defendant, lamented extremely the indiscretion too apparent in this case; but if his instructions were correct, he had a valid defence; and with respect to the rest, he felt very much as every man in court must do, but on which it would be neither proper or necessary that he should detain the court and jury. He then called several witnesses, one of whom directly said, the plaintiff had been discharged by him (the witness on the part of the defendant), and that she had acknowledged the discharge, by say ing" she accepted such notice."

This evidence was opposed by Mrs. Perry, who was again called, and who said the plaintiff was continued in the service by the express orders of the defendant.

Lord Ellenborough" The result must depend upon the credit you give to the respective witnesses. If you believe Mrs. Perry, there was a continuation of the contract. The children certainly did require the assistance of this person; these it seems were removed in November last, when a year's wages would have been due. The new connection did not discharge the solemn duty imposed by nature upon the defendant, to support and protect his own children by this unfortunate lady."

His lordship then commented on the suspicious circumstances in the

testimony of the clerk of the defendant, and on the clear and consistent evidence of Mrs. Perry.Verdict for the plaintiff.

MARCH 2.

PUBLIC OFFICE, BOW-STREET.

Yesterday William Morgan, the driver of a hackney-coach, was examined before Sir Richard Ford and Mr. Robinson, on a charge of wilfully driving his coach against a chair in which the duke of Portland was returning from the opera on Tuesday night last, whereby the chair was broken to pieces, and his grace's life much endangered. By the testimony of the chairmen, it appeared that as they were crossing Piccadilly, they observed the prisoner driving his coach furiously towards them, when one of them called out to him to stop; but he paid no attention to it, and continued his course, and in a moment the pole of the coach struck the glass of the chair, which it shattered to pieces, overturned the chair, and threw down the men, who, as well as his grace, were in the utmost danger of being trampled to death by the horses: however, they fortunately escaped with little injury. The fact being so very clear, the prisoner was ordered to find bail for the assault, and in default was committed to prison.

Admiralty-Office, March 3. Copy of a letter transmitted in one from vice-admiral lord viscount Nelson, K. B.commander in chief of his majesty's ships and vessels in the Mediterranean.

His majesty's sloop Morgiana, of Cape Spartevento, Oct. 16.

Sir, I have the honour to acquaint you that, being in chase of two

vessels

vessels on the morning of the 15th instant, I observed a vessel under lateen sails, with her sweeps out, haul out from under the land, and give chase to us with English colours and a red flag flying. I continued my course, until she came within gunshot; when, discovering us to be a man of war, she made sail from us. I immediately gave chase, and fired several shot at her; when she hoisted French colours, and soon after came to an anchor. I then sent the boats, under the command of lieutenant Lawrence, with orders to examine her, and, if he met with resistance, to bring her off. This service was executed with great gallan try by him and the people under his command, who boarded and carried her, under a smart fire of grape-shot and musketry. She proves to be La Marguerite French privateer, mounting two six and two four pounders, manned with forty men, three of whom only remained on board on taking possession. I am sorry to add, that I had one seaman badly wounded, who is since dead.

I have the honour to be, &c.
R. RAYNSFORD,

Copy of another letter from vice. admiral lord viscount Nelson, K. B. to sir Evan Nepean, bart. dated on board his majesty's ship Victory, at sea, Nov, 16, 1803,

Sir,

You will please to acquaint the lords commissioners of the admiralty, that this morning the squadron under my command captured Le Renard French national schooner, mounting twelve fourpounders, with six swivels, and manned with eighty men; also Le Titus transport, having on board

ninety-six soldiers, from Corsica bound to Toulon. I am, &c.

NELSON and BRONTE.

Copy of another letter from viceadmiral lord viscount Nelson, K. B. to sir Evan Nepean, bart. dated on board his majesty's ship Victory, at sea, the 10th of January, 1804.

Sir,

I herewith transmit you, for their lordships' information, a copy of a letter from captain Gore, of the Medusa, to captain Hart, of the Monmouth, giving an account of the capture of L'Esperance French privateer, and the destruction of Le Sorcier, on the 8th ult., and beg leave to express the very high opinion I entertain of captain Gore's conduct in putting to sea immediately on the appearance of these vessels, and his very able manœuvres in capturing and destroying them.

I am, &c.

NELSON and BRONTE.

His majesty's ship Medusa, off the Mole Head, Gibraltar, Dec. 8, 1803.

Sir,

As from

your situation you could not see the cause of the manœuvres of his majesty's ship Medusa this day, I have the honour to acquaint you, for the information of the right honourable lord Nelson, commander in chief, &c. &c. that at ten P.M. 1 observed a cutter standing in westward, and two French privateers (felucca-rigged), standing out from under Tarrife, attack her. I immediately order. ed both the Medusa's cables to be slipped, and proceed to her assistance: as we approached they hauled from her.-Favourable wind (B4)

and

and current aided the Medusa's sailing; and at eleven o'clock we opened our fire upon one (as she crossed on the opposite tack) with effect; the other we ran close along side and captured, as per annexed report, then tacked, and continued firing upon the other until she rowed amongst the rocks, within a shot of the battery to the westward of Cabrita Point. She received so many of our shot, and from both her yards being shot away, and nearly all her oars broken, I have no doubt she is effectually destroyed. I understand she was called Le Sorcier, of two twelve and two six, pounders, with seventy men. I am, &c. (Signed) JOHN GORE. George Hart, captain of his majesty's ship Monmouth, and senior officer in Gibraltar bay. L'Esperance, M. Martin, master, of two twelve and two six pounders, and seventy men, captured; boatswain killed. Le Sorcier, of two twelve and two six pounders, destroyed.

THE DEY OF ALGIERS.

"On the night of the 15th of January, the Superb, commanded by captain Keats, anchored at Algiers, having Mr. Falcon, the consul general, on board, and a letter from lord Nelson to the dey, demanding that Mr. Falcon should again be received as consul there, and that all the Maltese who had been lately captured by the dey's cruisers, should be liberated and given up as British subjects. On the following morning, at daybreak, a salute was fired from the fort; which, however, captain Keats did not return, but sent a lieutenant on shore with a letter, to request an audience of the dey; which was accordingly granted. Captain Keats, accompanied by Mr. Scott, chaplain to lord Nelson, who speaks

the Arabic fluently, and who acted as interpreter there, waited upon the dey, and presented lord Nel son's letter, with a suitable and spirited remonstrance on the occa sion. Throughout the interview, which lasted nearly an hour, the dey's conduct was very violent and outrageous, and it concluded with his positively refusing to receive either Mr. Falcon back again, or to give up any of the Maltese in his possession.

"On the 17th, in the morning, our fleet of ten sail of the line came in sight of Algiers; when captain Keats again went on shore to wait upon the dey, who, however, refused to see him, he being then busily employed on the batteries; and after waiting for nearly two hours, capt, Keats returned on board, and on our fleet entering the bay captain Keats went on board the Victory, and communicated to lord Nelson all that had passed with the dey.

“Under these circumstances his lordship did not think it advisable to attempt further intercourse with the dey, or to make use of any threat he was not prepared to realise, as, though we could easily in a few hours have destroyed his whole fleet, which was then lying in the Mole, and have knocked down the town about their ears, we might have crippled some of our ships in such a manner as to render them unable to resume the blockade of Toulon at this season of the year, which was deemed a much more impor tant object at the present moment, We therefore today left Algiers, on our way to Toulon again.

"The whole squadron were more disappointed than I can possibly express, at not being per mitted to humble the dey, and extirpate for a time this nest of pirates. Two hours would have

done

done the business completely, and I trust we shall one day make the experiment. I am perfectly convinced, from my own observation, and it was also the opinion of the ablest officers in the fleet, that four sail of the line would certainly destroy all their works and all their navy in one morning with very little loss. They have, indeed, a great number of guns mounted on their principal battery, which defends the Mole where their fleet is laid up, and it has a formidable appearance from the bay; but, it is so injudiciously constructed, that line-of-battle ships can anchor upon each flank of it, within half pistol shot, where not a gun could be brought to bear upon them, and in which situation they would soon lay the whole work in ruins. This work is the sole defence of the town from the sea side,except an old wall without a single gun mounted upon it, and which a few broadsides would crumble into dust. "The garrison does not amount to above four thousand soldiers (ifthey can be called such), who have neither discipline or courage, and who particularly dread the English; not only from our naval skill, but from an antient prophetic tradition they have among them, and which they all firmly believe, "that Algiers is to be taken and destroyed by the English on a Sunday." The prophecy may be easily fulfilled by us whenever we choose; and we must shortly take some decided steps to humble the dey, unless we are content to pay him tribute, like most of the other European powers. No consul now can ever be sent back with honour or safety, till satisfaction is obtained for the insults we have received."

Gibraltar, Feb. 4. The dey of Algiers is entirely guided by some

Jew merchants residing at Algiers. It was through their persuasion and influence Mr. Falcon was driven out of the country, under the pretext of some Moorish women being found in his house; though the real cause was his having constantly resisted the attempts that were made to induce him to connive at their covering French property during the war, and his uniformly opposing the rapacious demands of the dey on Great Britain."

March 8. A duel has been fought between lord Camelford and captain Best, of the royal navy, in the fields behind Holland-house, near Kensington. The meeting is said to have taken place in consequence of a quarrel between the parties, who were intimate friends, on the preceding evening, at the Prince of Wales's coffee-house.

About half past eight o'clock the parties and their seconds arrived, two on horseback and two in a post chaise, opposite to Holland-house, and were observed to pass over into the fields. In a short time the firing of pistols was heard, and when a labourer, who was working in an adjoining garden, repaired to the spot, he found lord Camelford lying on his back, in the lower part of the field, which was overflowed to the depth of several inches in water. Captain Best and his friend had rode off directly after the shot took effect, and the other gentleman followed their example immediately on the countryman's coming up, on the pretence of going for a surgeon. His lordship was unwilling to be removed, and it was with difficulty that those who came to his assistance got him placed on a chair, and conveyed to Mr. Ottey's, at little Hollandhouse, where he still remains. His adversary's ball had penetrated his

« ПредишнаНапред »