« AnteriorContinuar »
the plaintiff had now an oppor- caption, no count, no jurisdiction, tunity of appealing to a British no grand jury, and no crime. He jury, who would not think that contended, therefore, that it could his claims to their serious consi- not be received in evidence. deration were lessened by the cir- Mr. Justice Bayley was clearly cumstance of his being a destitute of opinion that this document foreigner. No doubt, the excuse could not be received in evidence. of the defendant would be his zeal It was in fact only a part of the for the abolition of the slave trade; record of conviction, and that imbut, as he had participated in the perfect. booty obtained by this expedition The examination of the witness to the Congo, as he had himself was continued. He with others received a considerable share of had taken an account of the stock, the prize-money, the jury would on the transfer of the factory from reflect, whether his zeal had not Miller to Cooke. The valuation been a little inflamed by his love was about 15 or 16,000l. When of money as well as humanity. It first he knew Cooke he was serwas also a circumstance not uns vant to an American factor, named worthy of notice, that Colonel Curtis : he was about twenty Maxwell had knowingly exceeded years old when the witness first his duty; for when the expedition saw him. There was not much was projected, the objections were trade between October and March pointed out to him, but he chose 1813, but in slaves, in which to proceed in his course, and to Cooke had not dealt since the set up a paragraph in the Edin- abolition by this country, to the burgh Review against a clause in witness's knowledge. He could an Aet of Parliament.
not pretend to swear that Cooke Malcolm Brodie was the first carried on no traffic in slaves at witness : he had resided for some his factory; but he believed none time at a factory on the Congo, since the abolition. until it was destroyed by Major He understood that Dr. Purdie, Appleton and his troops, in March the surgeon of the colony of Sierra 1813. He had known the plaintiff Leone, had been appointed for that since 1802, who in October 1813 day to be chief justice. No witbecame proprietor of Bengara fac- ness was sworn or examined on tory, which he bought of Zebulon Cooke's trial, and counsel and at. Miller, who as well as the plaintiff torney were refused to the witwas an American.
ness. The Attorney-General here took Major Appleton.-- In the beginan objection to the competency of ning of 1814, I was at Sierra this witness, on the ground that Leone, of which Colonel Maxwell he had been convicted at Sierra was at that time governor. I comLeone of a felony, by dealing in 'manded an expedition up the river slaves. He put in a certified copy Congo under written orders. of the record of conviction, but I had 3 vessels under my orMr. Scarlett directed the attention ders, and about 150 troops, Briof the learned judge to a few of tish and natives, besides the crews its informalities. It contained no of the ships, when I sailed in
March for the Congo. We sailed I had very little conversation with up the Congo, about 60 miles, to him, but he never claimed the Bengalan. During my absence factory. I was present at his at the Rio Nunez, Lieutenant trial at Sierra Leone; the Chief Dodd brought the plaintiff to the Justice was absent in England, camp at Bengalan : I kept him in and a Mr. Purdie acted for him at custody until I went to Mungo the Quarter Sessions. Catti, from whence the plaintiff To questions from the Court, went by himself to his factory, to the witness said that, from the which I proceeded in the same general appearance of the factory, evening. The troops were en- he was convinced that it had been camped two or three nights in the built for the purpose of carrying factory, which was fenced round on the slave-trade. I left it the next morning, and Mr. Scarlett observed, that he did not stay till it was destroyed, could prove that it had been but I left orders for that purpose. erected many years before the The next morning I found the abolition by this or any other troops carrying ivory down to the country; and, therefore, that the boats: we collected about 4) tons construction could afford no eviin the river, and perhaps,21 tons dence of the fact. were taken from Bengara factory. Peter Parry went with the exI am certain that there were not pedition against the factories on eight tons. What was not brought the Congo, in the Princess Charaway was burnt. I left orders Jotte sloop: he saw the factory of that the plaintiff should be carried the plaintiff after it had been to Bangalan, and from thence he burnt: some of the ivory was was conveyed to Sierra Leone un. brought to the witness's vessel : der the charge of Lieut. Thomp- he saw about 8 tons. The boat son. The ivory was sold at Sierra made two trips, and would carry Leone, and the money was shared, about 4 tons at each trip. Some according to the rules of prize casks of spirits were also brought, money, in the army.
as well as a few trifling things, I was at the plaintiff's factory Cooke was conveyed on board the only one night. I did not witness witness's vessel on the same eventhe sale of the ivory at Sierra ing: from thence he was removed Leone, and know nothing of it to the Dorus transport, as a prifrom my own knowledge. I have soner ; he saw Cooke afterwards heard the defendant say that he in gaol at Sierra Leone ; the withad received his share of the prize. ness received prize-money to the money. I never saw Cooke in amount of 151. irons. Whatever private property Dr. Robert Thorpe, formerly the plaintiff had at the factory Chief Justice of Sierra Leone, was was very small, and I directed called to prove that he had pointed Lieutenant Thompson to restore out to Colonel Maxwell the ilit to him, in consequence of the legality of his proceeding before plaintiff pleading poverty, and the expedition sailed, but Mr. saying that if he had not some Justice Bayley held that fact not money, he should starve in gaol; to be material to the cuse.
Joseph Archeband and Peter the injury was peculiarly for the Fall proved that they had known consideration of a jury. the plaintiff on the Congo, and After some consultation between had always heard and understood both sides, an arbitration upon that he was an American.
this point was finally agreed to. The plaintiff's case here closed. The attorney-general then ad
The attorney-general addressed dressed himself to the other part the jury for the defendant, assur- of the case, admitting that his ing them that he stood forward client had acted indiscreetly, and not in his public capacity of a had so far exceeded his authority servant of the Crown to defend as to render himself liable to an. Colonel Maxwell, if he had been swer in damages. He insisted that guilty of any excess of his juris- little or no credit ought to be diction, but merely to see that his given to the plaintiff's first wit. case was duly conducted and in ness, who had himself an action quired into. It was unfortunate pending on the same subject, and for this deserving officer that the who was interested in the verdict Court of Justice of Sierra Leone this day given. The learned counhad so mistaken the province to sel then adverted to the measures which it was limited, as to proceed adopted by this and other governto convict the plaintiff and the wit- ments ineffectually to put an end ness Brodie, when they had been to the slave trade, which could taken out of the boundary of the never be effectually abolished uncolony; but being no lawyer, and til the whole swarm of factors inconpetent to construe the clause on the African coast, not merely in the act of Parliament, which Spanish, Portuguese, or American, might even puzzle the members but English, were destroyed. Unof the profession; he had imagin- der this conviction the defendant ed that the Court had sufficient had directed an expedition against jurisdiction. With regard to the the Congo, by which he had renamount of the pecuniary damage dered himself amenable in the the plaintiff had sustained, very present action. He insisted that, uncertain and unsatisfactory evi- as the Court of Sierra Leone had dence had been given ; if the fac- sent the plaintiff in custody to tory were in truth the plaintiff's, England, the defendant could only it was singular that he had never be answerable for the confinement so represented it; and how he had which had taken place before senbecome possessed of a sum large tence. As the defendant could not enough to buy it was a mystery make out a legal justification, a which none of the witnesses had verdict must pass against him; but attempted to clear up.
the learned counsel was persuaded Mr. Justice Bayley here inter- that the case called for no vindicrupted the learned counsel, to tive damages suggest, that the pecuniary da- Mr. Justice Bayley, in charging mage the plaintiff had sustained the jury, expressed a clear opinion should be made the subject of ar- that the defendant was respongibitration, the personal part of ble in damages for the whole im
prisonment isonment the plaintiff had en- been engaged with his regiment ured from March, 1813, to Fe in the ever-memorable battle of bruary, 1814, since the illegal Waterloo, instead of continuing conduct of the defendant had been at Brussels, he would, in the temthe occasion of it. There was no pestuous weather preceding that ground for charging him with eventful day, have found the great personal animosity; but it was to comfort and advantage derived be lainented that he had shared from the very superior article furin the prize money obtained by the nished by his client. After, howexecution of his unjustifiable or- ever, keeping the cloak nearly ders. With the motives of the three months, it was returned on party the jury had nothing to do: the plaintiff's hands, with the alit was their business to assign to legation that it was too heavy and the plaintiff such sober and rea- cumbersome to wear ; but the sonable damages as the injury he truth was, the defendant then had had suffered appeared to require. no further occasion for it, being The question regarding the pecu- quietly in quarters at Knightsnary injury was removed from bridge barracks. He should call their consideration.
his witnesses, and prove his case, The jury consulted for a few when, he was persuaded, the jury minutes, and returned a verdict would find a verdict for the plainfor the plaintiff damages 1000l. tiff to the full extent of his demand.
A verdict was also taken for Mr. James of Coventry-street, 19,0001. the damages stated on the camp equipage-maker, was the first other counts of the declaration, witness called, who stated, that subject to the award of Mr. Taun- on the evening of the 25th of
April, 1815, the defendant, Capt.
Jebb, called upon him, and reCOMMON. PLEAS.
quested a recommendation to a First Sittings in Hilary Term, before
military tailor of eminence, as he Justice Dallas.
wanted a very large cloak to take
with him on service; that it must Westminster, Jan. 24.
be made under his own order, by Fisher v. Jebb, Esq.--Mr. Ser- a person thoroughly conversant in jeant Vaughan stated, that the the business that knowing plainplaintiff was an army-clothier and tiff worked for General Sir Lowry tailor of great respectability, resi- Cole, and many other officers of ding in Duke-street, St. James's, high rank, he accordingly recomand sought to recover from the mended him to Captain Jebb. defendant, Captain John Jebb, of Wm. Gathard, the plaintiff's the Royal Horse Guards (Blue), foreman, was next called, who the sum of 241. for a remarkably proved the order ; that the defendlarge and handsome cavalry cloak, ant is upwards of six feet high; lined throughout with silk oil-skin, that the cloak was to have a hood water proof, and made to order. to cover the helmet; capes of an The learned Sergeant observed, extraordinary size; that it was to that had the defendant fortunately be made very long, so that it
might be occasionally used as a bed fied, and without either summing in the field; that witness assisted up, or reply from Mr. Sergeant in making it, and that the cost price Vaughan, found a verdict for the of the materials alone and work- plaintiff, to the satisfaction of a manship amounted to 201. Os. 6d.; crowded Court, to the full amount that witness, on defendant's re- of his demand. turn to England, waited upon him at Knightsbridge Barracks, when LIABILITY OF CARRIERS. he stated, that he had worn the
Bristol Assizes. cloak ; that the materials were Rouquet v. Sherborne. This was good, and price reasonable; and an action brought by the plaintiff, that he had no other fault to find, who is a clergyman residing at except that it was somewhat too West Harptree, against the deheavy, but promised to call on fendant, who is a common carrier, plaintiff in a day or two, and settle for the recovery of the sum of 291. about it.
the value of a variety of articles of The Judge (Dallas) here asked wearing apparel intrusted to his Mr. Serjeant Lens, defendant's care, and to be conveyed from Counsel, whether this evidence Bristol to West Harptree, about was not irresistible ? But the learn- 11 miles from Bristol. ed Serjeant, on consulting his Mr. Serjeant Pell, in opening client, said the cause must pro- the case to the jury, observed, that ceed.
it was one which would not take The plaintiff, therefore, called up much of their time. The plainMr. Davidson, of Cork-street; tiff was a clergyman of great reMr. Westoil, of Bond-street: Mr. spectability, and the defendant was Wilson, of Bond-street, and others, a common carrier from Bristol to who all stated that they had made Wells. The articles in question similar cloaks for the Prince Re- were the wearing apparel of the gent, General Lord Hill, and plaintiff's daughter, who had been other distinguished characters, at school at Bristol. It would be some of which cloaks were consi- superfluous to enter into a detail derably heavier than the one in of every article, unless his friend question, which they had exa- on the opposite side (Mr. Casberd) mined most carefully, and all was desirous to go through the stated it to be a pattern of its whole of the lady's toilette. The kind, and the charge moderate in articles were packed up and carthe extreme.
ried to the waggon-office by a man The Judge, on this weight of named Clark, who could neither evidence, repeatedly recommended read nor write, and given to a man the defendant, who was in Court, named Wood. He [the learned to pay for it, lest he should ani- serjeant] knew not whether the madvert more strongly upon his usual notice was stuck up or not ; conduct; but he insisted on going and it had been said, that if a noto the Jury,—when, after an ad. tice was put up in the office, it dress from Mr. Serjeant Lens, was a sufficient notice to all perand calling one witness, they sons who came to it: but in that stated themselves perfectly satis- case, it would be for the defend