Page images
PDF
EPUB
[ocr errors]

-duty. He would now leave this case "home; it will be a pity that hoto the decision of the jury, and he "nest inoffensive men should be -trusted they would return such a "butchered." The defendant said, verdict as would satisfy their country, whose rights they were bound to maintain their conscience," whose dictates they could not spurn with impunity-and their God, in whose name they had sworn to do .justice.

He then called Mr. Law, but The attorney-general said, he - ought first to prove the notice required by act of parliament to be - given to magistrates; but having requested permission to proceed with the other part of the evidence, Lord Kenyon gave him permis- sion.

1

He then called

Mr. Law, who premised his evidence by saying he did not belong to the London corresponding society, nor was he acquainted with the plaintiff. He was present in the field on the 31st of July. He saw the defendant getting upon the stand, or tribune, and taking out his watch. At one o'clock they be gan business: there were signals .displayed from the three stands, or tribunes, by a handkerchief. The business began by reading the advertisement, and the address to the nation having gone on for about - ten minutes, there was a noise among the people, that the proclamation had been read in another part of the field. The first expression he (witness) heard the plaintiff tuse to the defendant was, "has the "proclamation been read?" The answer was," that is your business, "sir, not mine." After a short pe-riod had elapsed, some people called out that it had been read. The -plaintiff then addressed himself to the surrounding crowd, and said, Citizens, I recommend it to you "to disperse, and return peaceably

66

1

you are right, sir." The plaintiff said, "Citizens, be assured that we shall soon know, whether the "Bow-street magistrates are to be "the interpreters of the law of "England." The defendant then called out, "take that fellow into

custody!" The plaintiff was taken out of the tribune, and by accident got a hurt in the eye.

Arch. Ruthin was at the Brown Bear when the plaintiff was in custody: the witness received an order to take a letter from the plaintiff, but desired him previously to seal it the plaintiff said it was of a private nature, The witness delivered the letter to the magistrates at Bow-street, Mr. Ford and the defendant; the letter was opened by the defendant. Upon his crossexamination he said the plaintiff had assented to the letter being opened. The plaintiff then called

Mr. L. Kyd, the barrister, who said the plaintiff had sent for him to attend him at Bow-street. He remembered a private letter having been taken up by the defendant, who addressed the plaintiff, and put some question to him respecting the nature of the letter; the plaintiff said it was of a private nature.— Some conversation then passed, which the witness did not recollect, and at last the letter was opened by the authority of the defendant, whe took upon himself that if it was of a private nature it should be returned. The plaintiff gave no authority for its being opened; it was opened and returned; it was a French one. On his cross-exannation by Mr. Law, he said that he saw the plaintiff did not object to its being opened, and it was understood, that if it was of a private

nature

nature it should not go further than the magistrates.

Mr. Clarkson, attorney for the plaintiff, then proved the notice served on the defendant,

The attorney-general said, he was not surprised that this cause was not tried in the usual way. The act of parliament, however, required that it should contain the ground of the action, and no evidence should be received that did not apply to the charge contained in the notice; therefore, it was clear that the notice ought to have been proved first.

Lord Kenyon said, he was sorry the attorney-general had not referred him to the words of the act before, for he was now convinced he had acted wrong in suffering the other evidence to be given first.

[ocr errors]

The attorney-general then stated, that the act required that the name and residence of the attorney for the plaintiff should be stated on the back of the notice, which was not done in the present in

stance.

Mr. Ferguson said, the notice complied with the spirit of the act.

Lord Kenyon sait, the words of the act werexpress, and he could not deviate from them. He ought to erase the motes which he had taken. He was aware, when be took them, that he was doing, that which he should hardly have done if the plaintiff had employed counsel. He should always be glad to grant indulgence to any person who came to complain of an injury, but in the present case, the positive words of the act of parliament must be complied with. His lordship said he recollected that Mr. justice Yates used to say that this act ought to be complied with in the strictest manner, because it was the only rule the magistrates had

[blocks in formation]

30. This gazette contains an account of the capture of Le Jason privateer, of Nantes, 12 guns and 108 men, by capt. Durham, of the Anson; also of La Branche d'Olive, French merchant brig, and Le Cultivateur de Rochelle brig, and an armed chasse-marée, by capt. Herbert, of the Amelia.

28. Some labourers digging for limestone on the summit of a cliff near Penarth Point, in the county of Glamorgan, discovered the remaits of four human bodies, lying about five feet beneath the surface of the earth: two large stones were placed edge-ways, one on each side, and a third on the top, forming something like a coffin. How long they have lain there, no conjecture can be formed; several teeth were perfect, but the bones mouldering into dust; the appearance of four skulls certified that so many bodies were placed as it were in one coffin. In the course of the two following days the remains of three more bodies were found nearly on the same spot. By the direction of Thomas Bridges, esq. of Kymmin cottage, the bones were all carefully collected, deposited in a wooden case, and decently interred in the church-yard at Penarth.

This day came on, to be heard before sir W. Scott, a cause that much attracted the attention of the court, inasmuch as it was connected with the new law of divorce in France... This suit was instituted by Mr.. Woodmason against his wife, to obtain a divorce a mensa et thoro, on a charge of an adulterous intercourse with a person of the name of Freeborn. The plaintiff

.. and

and his wife were both natives of France, but left that country at an early period of their lives, and came to England. In 1771, the plaintiff paid his addresses to the defendant, and they intermarried in the subsequent month of February. This marriage was proved by a person who was a witness to the ceremony, and also by the confes sion of the defendant herself: it was solemnized in England. Mr. Woodmason was much older than his wife: for some time after the marriage, they resided at Battersea, and from thence removed to Leaden ball-street. In 1789, the defendant left England, and went, accompanied by a relation, to Paris, where she resided with her father and mother for some years; during all this period she had a separate maintenance allowed by the plaintiff, who continued to reside in London. In 1795 she returned to London, for the purpose of procur. ing from the plaintiff an additional allowance. On this occasion she continued in London for about seven weeks; but during this period she did not cohabit with the plaintiff. She then returned to Paris, and in a short time afterwards sent a letter to a relation in England, stating, among other things, that she was going to be divorced from the plaintiff by the law of France, and to marry a Mr. Freeborn. Proceedings for a decree of divorce were soon afterwards had in the marriage court in Paris, and a sentence of separation pronounced according to the French law. Evidence was also adduced to prove that the defendant and Mr. Freeborn cohabited together; and that, in consequence of the before-mentioned sentence, she constantly acknowledged him to be her husband. After the civilians were heard on both sides, the learned

[ocr errors]

judge observed, that the evidence adduced in this case had satisfactorily proved that Mrs. Woodmason had lived in France with Mr. Freeborn on the footing of a matrimonial connection, and that a divorce had actually taken place by the existing laws of that country. Under these circumstances, sir William was clearly of opinion, that the plaintiff had established a case that entitled him to a sentence of divorce from bed and board, which the learned judge accordingly pronounced in the usual form.

MARCH.

1. This day, about half past three o'clock, the following persons were brought to town from Margate, where they had been ap prehended on suspicion of holding a treasonable correspondence with the French government: Arthur O'Connor, esq. proprietor of a Dublin newspaper, called the Press; John Binns, one of the members of the corresponding society, a secre tary to a division, and the same who was tried at Warwick in Au gust last [see our last vol. p. (130)} for sedition; James Fevey, alias Quigley, alias captain Jones, alias col. Morris; John Allen, a native of Ireland; and Jeremiah or Pa trick Leary, servant to Mr. O'Connor. See March 8.

Admiralty-Office, March 3. The following letter was received at this office, through the hands of Capt. M'Douall, commanding at Yarmouth, from Lieutenant Treble.

His Majesty's armed cutter Cobourg, SIR, February 20.

I have the honour to inform you, that yesterday morning, at seven o'clock, having Cromer bearing S. 67 W. distant 16 leagues, we fell in with, and, after nine hours chase, (during which we ran one hundred

miles, one half the time blowing a French privateer, out twenty days hard gale of wind at W.N.W.), from L'Orient, and bound to the we came up alongside and captured La Revaches French lugger privateer, of 16 guns and 62 men, after a running fight of two hours, close alongside.

She attempted to board us twice, but being repulsed, and a welldirected broadside having brought her main and mizen masts by the board, and shot her fore yard away, they called for quarter.

We had no sooner taken possession of her, than, with the utmost difficulty, and all the exertion we possibly could make use of in getting the prisoners shifted, and our own people back, when she sunk, having received above forty shot between wind and water. She had seven men killed and eight wounded. I am happy to add, we had only two men slightly wounded; the damage we sustained is mostly in our masts, spars, sails, and rigging. She was a remarkable fine fast-sailing vessel, had only cruized six days, entirely new, fitted out for a month's cruize, and the largest lugger that sailed out of Calais.

I am particularly indebted to Mr. Jeffery, master, and Mr. Rolf, mate, for their attention, assiduity, and prompt execution of my orders, as well as all the officers and crew, who deserve the highest commenda tion for their alacrity in knotting, splicing, and shifting sail in vari able weather, and through a variety of courses, having been ex posed to a sharp and well-directed fire from the stern chases and musquetry for near two hours before the action commenced.

I have the honour to be, &c.
CHARLES WEBB,

Robert M'Douall, esq.

This Gazette also contains ace counts of the capture of La Legère

West Indies, mounting 14 eightpounders, and 4 thirty-two pound carronades, and 130 men; and an American ship, called Eliza, from Boston to Amsterdam, which had been taken by a French privateer; both by his majesty's ship Phaeton, captain Robert Stopford;-also, Le Pour Epie French lugger privateer, mounting 4 swivels, with 17 men, by the Resolution lugger, Mr. Broad.

Admiralty Office, March. 5.

This Gazette contains accounts of the captures of L'Alexandrine French lugger privateer, carrying 4 swivels, 1 carriage gun, and 28 men, by his majesty's ship Charon, captain Manby; and La Souffleur, mounting 4 carriage guns, 2 swivels, and 40 men, by the Cameleon, captain Bowyer.

Admiralty Office, March 6. Extract of a Letter from Admiral Sir Peter Parker, Bart. Com mander in Chief of his Majes ty's Ships and Vessels at Ports. mouth, to Evan Nepean, Esq. dated the 4th instant.

Inclosed is a letter from captain Bowyer, of the Cameleon sloop, which I received this morning by the officer who brought in La Souf fleur French privateer, captured by the said sloop on the 2d instant.

SIR,

Cameleon, March 3, 1798.

I beg leave to inform you, that, on Thursday the 1st of March, at ten A.M. Guernsey bearing south eight leagues, I observed a cutter; gave chase, and at half past five P. M. it falling little wind, and by the help of her oars she escaped under the forts on the Isle of Bass. If [ had got three leagues more distance to run I should have captured her. At three A.M. of the 2d, saw a

cutter,

cutter, gave chase, and at four took possession of her. She proves to be the Souffleur, thirteen days from Cherbourg, mounting four carriage' guns, two swivels, and 40 men, and having captured this cruise the vessels as underneath, three of the masters being on board me; and I am in hopes to retake some of those vessels, the wind being south. I .bave, &c. R. R. BOWYER. P.S. I have sent the privateer into port, and going in.chase.

Peggy sloop of Cardigan, James Prichard, master, from Dover to Penzance, with wheat and barley. Camilla brig, John M'Kenzie, master, from Hull to Plymouth, with coals.

Delaval, Charles Mann, master, , from Sunderland, laden with coals, -bound to Plymouth.

Betsey, of Guernsey, Thomas Townsend, master, from Guernsey, bound to Plymouth, with

wine.

yesterday at eleven o'clock, and O'Connor, Binns, Fevey, and Allen, were brought up to be examined. Warrants were on Monday night issued for the apprehension of several persons who were thought to be implicated with the abovenamed prisoners; and a Mr. B. of Charter-house square; a Mr. Burnham, of Hampstead; and a Mr. Evans, of Plough-court, Fetterlane, were taken into custody. The officers went to the house of Mr. Evans yesterday morning, who appears to be secretary of the corresponding society, and at whose house they usually held their meetings, and where the prisoners, Fevey, Binns, and Allen lodged; the -two latter in the apartments of a Mr. and Mrs. Smith, who were examined to prove their having lodged in the apartments which they occupied of Mr. Evans. house having been searched, several letters were found, directed from Fevey, alias colonel Morris, who then went by the name of Jones; but, during his absence from England, while in Ireland, to which place he accompanied the brother of Binns, he assumed the title of Captain, and afterwards that of Colonel. The papers seized were examined; and the meeting adjourned till seven in the evening. On the council assembling again, Mr. B.'s papers, of Charter-housesquare, were examined, and himself called in; but, nothing appear

This

7. From the account of Fanny -Martin, wife of the boatswain, now at New York, it appears, that the mutiny. which took place on board the Hermione frigate, in August last, and of which very imperfect accounts have reached this country, was headed by Willian Farmer, the master's mate; that the captain, nine officers, and a lieutenant of marines, were murdered and thrown overboard; that a few days after wards, the vessel got into Laguira, from whence she was permitted by the governor to go to that city.ing against this gentleman, he was Officers murdered, captain Pigot, lieutenants Spriggs, Douglas, Fen shaw; Mr. Percy, purser; Dr. Sansom; Mr. Manning, captain's elerk; Mr. Smith, midshipman; Mr. Martiu, boatswain; and a lieutenant of marines, nanie forgot.

8. The members of his majesty's most honourable privy.council met

discharged, and his papers given up to him. At eight this morning, O'Connor, Binns, Fevey, and Allen, were conveyed, under the care of his majesty's messengers, and several of the police officers, to the Tower, where they were received by: four wardens and a serjeant's guard, and placed in separate apart

ments,

« PreviousContinue »