Abbildungen der Seite
PDF
EPUB

there. When we hoisted our flag, several vessels came and asked the capt. if they should take her in tow? They said it was a shocking thing, and asked the captain if they should take her 'n tow? The capt. said, "keep off, I have not done with her yet." This was after we had all quitted the vessel. She was then upon her beam ends. The Swallow packet came, and then the capt. gave her up.

E. Storrow examined.-I have been acquainted with Mr. Easterby 17 or 18 years, when I became apprentice to him; I have sailed in his employment as master of a vessel; he made application to me to sail in the ship Adventure, in May last. I had undertaken to become supercargo in the ship Adventure; I had, occasionally, conversations with Mr. Easterby, and Mr. M'Farlane, who was present at a conversation which took place a few days before the ship sailed. To the best of my recollection, it was about 3 weeks before the ship sailed; it was in the parlour, at Mr. Easterby's house, in Canada-wharf. He said that he had no doubt many ships had been sunk, and might be, and the underwriters taken in for the money. The things being done. This was after they had applied to me to attend on board the ship. I had a conversation, 3 or 4 days before the ship sailed, with Mr. Easterby: I did not dine with him, but went after dinner; I found Codling, Easterby, and M'Farlane together. In general, Mr. Easterby spoke: he said, he wished the ship to proceed from London to Yarmouth, and from Yarmouth to Gibraltar, there to sell the whole cargo, either by private contract or public sales after this was done, he thought the opportunity might be taken, in the Mediterranean, to sink the ship, and the people might take to the boats and get ashore, and one half of the bills of the proceeds of the cargo might be stated in private letters, and the other half in public letters, in order that those which were called public letters, should be shewn to the underwriters as the proceeds of the whole, when in fact it was only half, in order to obtain the amount of the insurance for the whole, and the supercargo was to do this, when I was understood to be the supercargo: this was all in the presence of the capt, Codling and Mr. M'Farlane. M'Farlane said, oc

I took it up the hatches of the scuttle, and I heard the water rushing in; then I told Mr. Codling, that I thought there was a leak there; Mr. Codling said there was no such thing, and sent me forward to the fore part of the ship: we had one of the pumps going then: there were two pumps on board the ship: about 4 or 5 o'clock I went to the other pump, for I knew where the geers of the pumps were. G. Kennedy, my fellow-apprentice, was told by one of the crew to fetch the geer of the pump, and he was going for it, but Mr. Codling hauled him up, as he had got a step down the companion ladder. The water was then gaining very fast upon us. I generally breakfasted in the cabin, after my master had done, but that morning I had my breakfast upon the deck. I did not attend my master that morning; he said the mate would do all that was wanting. The mate handed me my breakfast that morning upon the deck. We had a crow-bar on the aft-deck: it was taken from that place to the cabin: I did not go down to the cabin after the crow-bar was taken there: I did offer to go down for the breakfast, but Mr. Codling prevented me; he said the mate would do all that was necessary. We kept pump-conversation then was on the possibility of such ing at last with the two pumps. After we had all got into the boat, except the mate and the capt. the capt. hoisted the flag of distress while we were along-side. We had been pumping I dare say 3 or 4 hours. The water was gaining upon us very fast before the signal was hoisted. Boats came from Brighton to our assistance-when they came they said "they would take care of the ship," and the capt. said, they had no business with the ship until he had given her up that they had no business to take her, for he had not done with her. They said they would take her in tow, and engage to tow her in. The custom-house cutter came afterwards; the capt. would not let them take her, until the custom-house cutter came: when she came, the vessel righted, and then went down, only her top-gallant-mast being above water. When the cutter came, Mr. Read said, he wished she might sink, for that otherwise the thieves would plunder her--he meant by thieves, the people in the boat we all got on shore together in the cutter-was 2 or 3 days on shore at the Ship inn. Mr. M'Farlane said, that one of us must go up to London, and the other was to stay. He said this about 7 o'clock;casionally, that such a thing might do. Codling I did not know that Kennedy was to go in the morning. Mr. M'Farlane came, and said that Ken-nedy was to go away. Mr. Codling came first to our room, and then Mr. M'Farlane came and said that one of us was to go to London. I did not go with Kennedy to the coach; I went about 9 o'clock in the morning that Mr. Codling ordered the coach for me.

John Lacey sworn.-I shipped myself at Deal on board the Adventure, two days after she left the Downs. A 8 o'clock in the morning of the Sunday, we came to Brighton; T. Cooper was her mate; he slept at the forecastle. On the Saturday night, Cooper, instead of being at his birth in the forecastle, was backwards and forwards in the cabin with capt. Codling. I was of the captain's watch; I went aft to take the helm, as I usually did; the capt. said, that he would keep it, and em. ployed me in taking in the top-gallant sails, and hauling in the gib. I remember the pump being tried, for we made more water than usual. I saw the new chisel which the capt. brought from Deal. When I had sounded the well, I found an auger

was then the master engaged for the voyage, he
mixt occasionally in the conversation, and sup-
posed it might do: the cargo, or a great part of
it, I understood at that time, to have been shipped
in the Adventure. I never meant to proceed in
the ship from the first engagement: my reason for
appearing to comply, was to endeavour to have
some former accounts between Mr. Easterby and.
me settled. I went in the ship from Gravesend as
supercargo: I had the invoices from Mr. Easterby,
and I delivered them back to Mr. Easterby at Deal,
I wrote to Easterby from Yarmouth, and told him
I did not mean to sail from thence in the ship. I
afterwards went to the Downs, and saw Easterby
at the inn, there I finally quitted the ship, and
delivered up the invoices to Easterby, at Deal.

Capt. Douglas examined.---I got to Brighton on the 10th of Aug. I saw the ship Adventure there; only a part of her mast was above water. I went to her; I went again on shore, and saw Mr. M'Farlane, Mr. Easterby, and Mr. Read. I shewed them the authority I had from the underwriters to inquire how the ship sunk, and said, it was ne

packets, but I did not see the name of Codling. The packet was under weigh, going to the Conti nent. got a warrant to search the packets, and pursued them. I got on board the first parket and searched: I found he was not there. Itata went on board the other packet, and found Cod.

cloaths on. He was searched. I took him in custody and brought him home.

R. Brewer, examined.-"I am a shipwright a Shoreham; I assisted in bringing the vessel ints Shoreham harbour, after she had sunk off Brigh

ton.

of the ship cut out for the purpose, exhibiting the large hole which had been staved in and described by the witness.-The witness proceeded.—“ Any one may see that this hole was made from the it. side of the ship, for it is torn, and it is larger on the outside than it is on the inside.-The ship re

her; neither was she pillaged, for we guarded her: she was brought into Shoreham harbour.— Lord Ellenborough—Q. “Was she destroyed as a vessel for the purposes of navigation, until she bad those holes plugged up?" A. "Yes, my lord, she was certainly.”—In the course of the cross-CXamination of those witnesses who spoke to fic

cessary to detain the capt. and the crew for the purpose of assisting me to get her on shore to save the cargo: but I mentioned no other reason at the time. Mr. Read took his watch out of his pocket, said it was part of the cargo, and offered to resign it to me, saying, he had no right to it, for it was part of the property of the underwriters.ling in a bed with his coat off, and the rest of h3 I then went with Mr. Smith, when it was endeavoured to get the ship up by the boatmen, and others who lived at Brighton; they worked at it the whole day, and I came on shore, and remained at Brighten the rest of the day, taking notice of what they were about with the vessel, but took On getting her to the beach, I observed the i no active part myself. On the Wednesday morn- water to run out of her in three places below the ing I went to the place where the stage-coaches go water-mark :"-Here the augers found in the shap off, and I saw MFarlane and Read walking toge-were produced, as was also the part of the plank ther: they informed me that capt. Codling was going to London in the stage: I expressed my astonishment at their permitting him to go, alter what had passed the day before: Easterby then said that he would detain him, which he did, and sent one of the boys in his place. Easterby, myself, and Read, then walked together to the other ship.ceived no injury in towing in, for we plugged Mr. Pead said, he had some watches and some time-pieces, and a small bale, which he wished to give up to me. I met capt. Codling, at the inn, and told him, it was very wrong to attempt to leave Brighton, until the fate of the vessel was known. He said he had no place for sleeping-and was obliged to lie on the floor. Mr. Easterby said it would be a great expence to him to continue there.affecting Read, some circumstances rather favour. I said I would bear the expence on behalf of the underwriters; and, with respect to his not getting a bed, I would endeavour to get him one at the White Horse. Mr. tolling said "Very well." The ship was, at that time, on her way, getting to shore; but she was not got to the shore, until the Thursday morning, about ten o'clock. I went on board the ship; I saw the holes that were made in the scuttle, from the outside; I was the first who went into the cabin after she was brought to shore. On going in, I found the lower part of the larboard side of the cabin knocked down, and part of the ceiling torn up. There was a hole, which appeared to be done with a rude instrument; it was about 9 inches long, and 4 broad. I did not then perceive other holes in the ship: on the following day, I perceived two auger holes also on the lar-with M'Farlane, Mrs. Smith and Mrs. Patters board side. The hole made with the rude instrument was quite sufficient to sink the vessel, and I have no doubt she was sunk by it. I saw Easterby and Read after I had seen the condition of the sh hip; I went with them to Lewes, where they were examined before a magistrate. I said to Mr. Easterby that he had acted very imprudently in leaving Codling to quit the place. I do not recollect that Read was present then; Mr. Easterby said he thought there was no harm in it; he was only gone to London, and meant to return the following day. On Friday Mr. Levie came down to Brighton, and then Easterby was gone; it was after we had been before the magistrate, by whom Easterby was discharged, and Read admitted to bail. It was on Friday night that Easterby left Brighton. I then went to Easterby's lodgings, and there I found some letters. I told Read, and be lieve Easterby was present at the time, that thought the ship had been sunk; he said, he had not the least doubt of it: but he did not say by whom he thought it had been sunk. I afterwards went to Harwich, and applied to the postmaster there, to see the names of the persons in the

5

able to that prisoner transpired. A body of evidence was adduced with respect to the contents of the cargo, its nature, quantity, and value. Some evidence was also adduced, respecting the facts of taking away a part of the cargo from the vessel; from which it appeared 12 cases were taken away by direction of Mr. Easterby; this was while the vessel lay in the river. The principal witness, with whom this part of the case rested, described that 1 whole heap of things, chiefly inclosed in cases, were taken out; there were 2 boat loads. He described the part which Easterby took in this transact on. Perry, the officer, described a number of articles which he found at M'Farlane's house, and also in the house of a Mrs. Smith, who was the sister of a Mrs. Patterson, a woman connected

were also brought forward; they spoke to the re moval of the articles in question from the house of Mr. M'Farlane to the lodgings of Mrs. Patterson, &c. The latter alledged that the causes of her removing the goods were her apprehensions from a servant maid who was in the house, and also in consequence of the bankruptcy; and she also spoke as to the identity of the goods removed by her from M'Farlane's, and those taken to the police-office.

On the prisoners being called on for their de fence, a short discussion arose, in consequence of some objections offered by Mr. Fielding in behalf of Read. He contended that there was no satis factory evidence that any act performed by hm was done to prejudice the underwriters, and with out such an intention being established, the charge of felony could not attach. He had no concept of of any equivalent proof that could be substituted in failure of the above. He also referred to the case as affecting Codling, in which, he conceived, there was not an atom of sufficient evidence.—The 1d chief just, expressed his opinion, that that consideration was matter for the jury and himself, and seemed to say, in the case of Codling, that if

an offence, no other had. The jett of the lord, chief justice's observations upon the arguments of. counsel was, that he thought the cases may be properly referred for a special consideration. After a few observations between Messrs. Erskine and Garrow, and the Bench, it seemed to be his lordship's determination that the point should be referred for the opinion of the twelve judges.

Lord Ellenborough then entered upon his charge; to the jury, which took up more than two hours in delivery. The jury then brought in the following verdict: Codling, guilty; M'Farlane, guilty; Easterby, guilty; Read, not guilty. Codling immediately received sentence of death. Judgment upon M'Farlane and Easterby was respited, their cases being reserved for the opinion of the judges. KING'S BENCH.-Knightly and others v. Rogers.

there was no intent to prejudice the underwriters, there were no pretensions to sustain the indictment. In behalf of Read, it was contended that he had no concern with the navigation of the vessel, nor had he any controul over the capt. or the officers of the ship; and that a person, situated as he was, was not in the contemplation of the act of parliament; his letter of attorney differed from the generality of those which went to appoint supercargoes; and the favourable points in his case were also strongly adverted to.-M'Farlane and Easterby being called upon, the former, in addition to his leaving it to his counsel, said, he had a number of gentlemen in court, ready to depose to his character; and observed, that he had been in his majesty's service 28 years. Easterby confided his defence to his counsel.-Mr. Erskine then addressed the court, in a speech of considerable Oct. 30.-This was upon a policy of insurance, length. He professed his agreement with much upon the ship Wentworth, at and from Jamaica to of what had fallen from the learned counsel, London, and the question and issue was, whether who had previously offered objections to the the ship was sea-worthy at the time when she be-, observatrons of the noble and learned judge gan her voyage? It appeared by the evidence of thereon; but he directed his arguments in fa- the captain, and from the log-book, that the 2nd, vour of his client chiefly, if not solely, upon an day after she was at sea, she made a great deal of. important consideration of law; he contended by water, although she sustained nothing more than a fair construction of the practice of the law hither- the usual breezes upon that coast. But the capt. to, and the relevant acts of parliament, the court said there was a large rat-hole, which might occa-. of admiralty had no jurisdiction over such a case as sion her to ship a great deal of water. This hole Easterby's appeared in the evidence for the prose appeared to him to have been just eaten through, cution. He observed much on the strictness with and as the ship healed with the wind, it was below which the law of England requires local jurisdic- the water-mark. He thought that the hole might tions to be observed. He described the leading be nearly eaten through, and perhaps not quite, provisions of the statute of Hen. VIII. which was until they got to sea. They put back in conse framed for the better regulation of these; thosequence of the water in the ship, and upon unloadwere, however, in some points of view so strict, that a felony partly committed in one county and partly in another, could not be punished. Under that interpretation of the law, the heinous crime of murder would also go unpunished: so would a case where an accessary after the fact, committed the offence in another county, as the charge could not be venued, as in such case a jury of county A. could not take cognizance of what happened in County B. Such were the effects of strict locality of jurisdiction. He referred to the statue of W. III. as affecting that of H. VIII. in such a case as the present; and these objections, he contended most emphatically, applied to Easterby's case. The particular act in question, however, was that of the 11th G. I. c. 29, which especially provided, that if any owner, capt. or officer, &c. of a ship, shall wilfully cast away, burn, or destroy the same, &c. he commented upon the bearing of the evidence on such a charge, but principally contended that as the part which the evidence went to attach to Easterby, such as the directing, procuring, &c. must have been committed on the land, or without the jurisdiction of the admiralty, his case could not be cognizable by the court which he addressed. The act of H. VIII. required such an offence to be tried by the court of admiralty, which could only be done when the of fence was committed at sea: but there was no evidence of Easterby's having been on the sea at all, or even that he was on board the ship: pressing this line of argument for some time, the learned counsel contended his client could not be touched as an accessary until this important question of the jurisdiction was decided. Mr. Garrow replied with great ability to the arguments of the counsel on the other side. He seemed to refer to the opinion of the court; and in concluding expressed his opinion, that if this court had no jurisdiction of such VOL. II.

ing her she was surveyed. Hadmitted that she wanted some repairs, but he did not agree in the judgment of the other surveyors, who thought she could not safely proceed without a degree of repairs that would have been more expensive than the ship was worth. Had he known the state of the ship to be such as it appeared upon the survey, he certainly would not have ventured to sea with het without some repairs. The mate gave the same account of her. Mr. Erskine, for the underwriters, stated, that he should shew this ship to be in a most deplorable state, and totally unseaworthy at the time of her sailing. He accordingly called capts. Domat, Levit, and Wilson, and they agreed in stating, that in many of her most material timbers, she was so rotten that they could gripe out handsful like clay or mud: that her seams were all open; and that between the planks and the stern, they could have inserted 24 inch rope. They also concurred in opinion that these defects could not have arisen during her stay in the W. Indies. Lord Ellenborough thought the evidence of these gents. was conclusive. Mr. Gibbs submitted, as a point of law, that if she was sea-worthy when the po |licy attached, and that, unknown to the assured, she became otherwise in the course of her stay, it was a risque insured against. One of the jury said, they were of opinion that she was rotten be fore she left England, which Mr. Gibbs admitted put an end to his case. Verdict for defendants. The King v. Shutland,

Nov. 15.-Mr. Serj. Cockell moved the judg ment of the court on the defendant, J. Shutland. Lord Ellenborough read the report of the trial which too place before his lordship at the last assizes for the county of York. It was an indictment for a libel contained in a letter written by the de-, fendant to J. Ratcliff, esq. one of the justice of 4 E

the peace for the county of York, reflecting on the appear as a witness upon the trial of this indicte character of Rich. H. Beaumont, esq. of Whitby-ment, although by law he was competent: Why? hall, and a justice of the peace in the said county, because he knew that upon his cross-examination, imputing to him that he had repeatedly given in it would appear, that the substance of the defenfraudulent returns to the commissioners under the dant's letter was true. So that the judgment of income bill, of the state of his income, by which, the court would have been merely nominal. He in one year, the revenue had been defrauded of therefore contented himself with merely proving upwards of £100, he having stated his income the hand-writing of the defendant; and he knew more than £1000 per annum less than the reality, very well, that in an indictment, the truth of the which was 5500 a-year at least. In another year, allegations made against him could not be offered that he had defrauded the rev. of upwards of £76, in evidence. He did not even now come forward by another false return, for which he made an ex-with any affidavit upon this subject. Why? he case that he had made up his account in a hurry, knew he could not make any affidavit that could at a distance from home, but which was not true. be of any use to his case, without denying the That the defendant was an engineer, employed, truth of the charge made against him by the deamong others, by Mr. Beaumont, and assisted in fendant; and because he knew that, if he had making up his account of his income, and be denied it, he would have been indicted for per came well acquainted with his income; and jury. He did not come forward in this business, being called upon by the commissioners to state because he dared not. The prosecutor had dis- ~ what he knew, he sent this letter to Mr. Rat-graced himself by this prosecution. As to the decliff, one of the commissioners, and a particular fendant, he was, to be sure, chargeable with some fnend of Mr. Beaumont, in consequence of which little intemperance in the manner in which be investigations took place; Mr. Beaumont was sur- had written this letter, but he had suffered more charged by the commissioners, in some of which than enough for that by the harrassing course, as surcharges Mr. Beaumont acquiesced. The letter, well as the expence of this prosecution. The dein which this libel was contained, was written with fendant was so far from being culpable, that the a good deal of severity against Mr. Beaumont, and public were much indebted to him for bringing marked by many intemperate expressions. Upon forward a gross fraud upon the public revenue; which the prosecutor, Mr. Beaumont, preferred so that when the whole matter was considered, be his bill of indictment against the defendant, and had no doubt that their lordships would consider removed it out of the court of quarter-sessions to the justice of this case satisfied, after pronounc the court of king's bench, and the case was tried ing on the defendant a nominal judgment. before my lord Ellenborough, at the last assizes Mr. Justice Grose proceeded to pronounce the for the county of York, when the proof consisted judgment of the court, and said to the defendant, of the letter being delivered to Mr. Ratcliff, and that he had been convicted of having published of its being of the hand-writing of the defen- a libel, for which he was now to receive the sen dant who was therefore found guilty. Mr. Park tence of this court; which libel was a reflection now produced affidavits on behalf of the defendant, on the character of R. H. Beaumont, esq. a ma. by which it appeared that Mr. Beaumont had ac-gistrate of the county of York. In administering tually given in false accounts of his income to the commissioners; and that once, after Mr. Beaumont and the defendant had been making up an account of Mr. B.'s income, and laid it before the commissioners, for the trouble in assisting at which Mr. B. gave the defendant two guineas, Mr. B. said to the defendant, it was well the commissioners did not know of the £5000 he had received for the last three years for timber he had sold, for if they did, they would play the devil with him. Another affidavit, of a gentleman of the name of Ingham, stated, that Mr. Beaumont had expressed a great deal of malice against the defendant, saying if he could find a hole in his coat, he would take care to tear it, if it was to cost him £1000, or even £10,000; that he was a scoundrel, &c. Mr. Park accused the prosecutor with having shewn more malice than that of which he complained in the conduct of the defendant. He had not come forward to the court for its interference, by way of criminal information, which he would have been entitled to, if his complaint was just, because he was a magistrate for the county of York-Why did he not? because he knew that what the defendant had said of him, in that letter, was true, and he could not deny it; and he knew also, that the court would not grant him leave to file a criminal information, unless he denied, upon his oath, the truth of that which was imputed to him. He did not bring his action, which was the best way of vindicating his character: Why? because, in that case, the defendant would have been entitled, and he would have been able, to justify what he had said, by proving the truth of it. He did not

the penal justice of this court, they were not only
to look to the probable consequences to the pub
lic, from the publication of a libel, but likewne
to consider the private motives of the individual
who brought the matter before the public.→
The court could not but feel concern that such
scenes had been laid before it as appeared upon
the affidavits in this case, in which a gent. of tor
tune called on the court to inflict punishment on
an individual who he said had injured his charac
ter. It was impossible for the court not to see,
that the motive for instituting this prosecution was
not a love of public justice, but founded on one
of those passions which degraded the human cha
racter; when the court said that this prosecution
originated in private malice, it was impossible for
the court to do more or less than to pronounce upon
the defendant the following sentence: that he, the
said John Shutland, for the offence he had com
mitted, do pay to the king a fine of six shillings
and eight-pence, and that he be committed to the
custody of the marshal of the court until such fine
be paid. Defendant then paid the fine and with
drew.
Collett v. Lord Keith.

Before Sir Simon Le Blanc and a special jury, Nov. 20.This was an action brought by the plain tiff against lord Keith, for detaining his ship the Argonaut, at the Cape of Good Hope, at the time the French squadrons were expected to attack that place, in consequence of which detention the ship and her cargo were entirely lost. The defence of lord Keith was, that as commander in chief of the Brit. squadron, he thought it his duty to seize and detain the Argonaut, although she dvas

an American neutral ship, in consequence of his little can it be doubted, that the insult, thus offered suspecting her to be carrying on a secret commu-. to a person of such high station, is a very grave nication with the enemy. The cause has been and serious misdemeanour. My lords, I think it tried several times hetore. It again occupied the is due to the age and country in which we live, to whole day, and the jury gave their verdict for the state, what indeed is universally believed, that plaintiff, subject to a reference to a Mr. Inglis, athere never was a period in the history of this merchant of London.

The King v. Philip Hamlin,

country, or of any other, in which the characters of persons in an exalted station of public life, were so free from all suspicion of this species of offence, as the present moment, and that there is no cha

Nov. 22.--The attorney-general moved the judgment of the court on the defendant, who had suffered judgment to pass by default, to an informa-racter who stands in the public eye, more free tjon filed against him, stating, that one Andrew Hill, late of the town and burgh of Plymouth, on the 30th of Oct. held a certain office of trust and confidence under our said lord the king, that of landing surveyor of the customs, of the port of Plymouth, and that the said Andrew Hill died, whereby the said office became vacant, and was in the disposal of the lords commissioners of the treasury; that the rt hon. H. Addington was the first in the letters patent in such commission, and in a place of high trust and confidence, and likewise a privy councillor of our said lord the king. That the defendant, with intent to seduce the said H. Addington from the duties attached to such high station and office, to cause the said Hamlin to be appointed to the office of landing surveyor of the customs of the port of Plymouth, so vacant, for the corrupt lucre of gain, did write, and cause to be sent to the said H. Addington, a certain letter, offering a pecuniary reward to be paid to the said H. Addington, as follows:

[ocr errors]

"Sir-This day a place became vacant by the "death of Mr. A. Hill, landing surveyor of the customs here: if you can procure that place "for me, for my own use and benefit, I will give you 20007, and also give a bond to keep the "business a secret. Your answer will oblige, your's, &c.

[ocr errors]

20th Oct. 1801."

PHILIP HAMLIN.

from the chance of even the worst, or the most malignant enemy, insinuating such an offence against him, or whose known integrity of character proves him incapable of such a meanness more than that of the rt hon. gent, who was thus insulted by the defendant, nor any one that stands higher in public estimation at the present moment. I think I may say that the person thus addressed by the defendant, has, in every sense, too fair a fame, and too exalted a reputation in the world, to render it necessary for him to take notice of this matter on his own account, and therefore he might, with perfect security, as far as his own character was interested, have treated this letter with contempt and flung it into the fire. But a man of his exalted station must shew, that it is not private feeling, but public justice must be the guide of his conduct. He feels, therefore, my lords, that for the sake of public example, this case should come before you for your consideration. My lords, I have had com municated to me the affidavits which have been read to the court in mitigation of punishment; and in which the character of the fendant appears to stand well among his neighbours. The circumstances which he discloses respecting his own situation in life and of his family, are all of them topics very well adapted to affecting the private feelings of individuals, and as far as that consideration goes, nothing further need be said; but The affidavit of the defendant stated, that he there would have been no prosecution in this case sincerely repented of having sent this letter, for at all, on the ground of personal feeling; it was which he was unfeignedly sorry, and threw him- set on foot on grounds of a public nature, and the self on the mercy of the court: that he is 40 years spirit in which the prosecution originated, still reof age, and carries on the trade and business of a mains; it is, therefore, submitted to your lordships, tinman, by which alone he supports himself and fa- not on a point of individual feeling, but of public mily, and then expressing an apprehension that a justice, in which case your lordships will consider severe judgment may be the ruin of himself and how far the affidavits ought to operate in mitigation family; that had he been appointed to the office, of punishment. Mr. Erskine, on behalf of the deit was his intention to have performed the duties fendant, subscribed to every word that was uttered of it faithfully, and then the affidavit refers to his by the attorney-general in his address to the court. general good character with his neighbours. The He said, that the defendant must feel gratitude for two rev. ministers of the two parishes in Plymouth, that address. He subscribed to the observation, and several merchants and others of the town of that the rt hon. gent. to whom this letter was adPlymouth, made affidavits, that, excepting this dressed, might very well, as far as his own personal instance, they knew of no blot in the character of reputation was concerned, have put this letter into the defendant, but that, on the contrary, it was a the fire. It was written with great ignorance. It very respectable and good one. The attorney-ge- was an absurd, insolent, and he must add a crineral Your lordships are fully possessed of the minal letter. But the moment that this most unnature of this case, from the information that has fortunate, and very ignorant person, became aware been read, and on which I have but a very few of the impropriety of what he had done, he wrote words to say. The defendant by suffering judg-to Mr. Addington another letter, full of contrition ment to pass against him by default, has confessed the guilt of having attempted to bribe an officer of high council, by the transmission of a letter to Mr. Addington, offering to him £2000, provided he could procure him an office then vacant in the customs. That a compliance with this proposal would have been a scandalous and disgraceful act in the individual to whom it was made, and a serious and -aggravated breach of trust and official duty, and as such a great misdemeanour, cannot be doubted; as

3

for what he had done; but Mr. A. could not pass the matter by-it was necessary for public purposes to institute this prosecution; and Mr. E. presented his client to the court, as a man acting under a cloud of ignorance. He was a tinman, at Ply. mouth, so long accustomed to the noise of his own hammer, that he thought every thing in this world was to be brought to and knocked down by the hammer. He observed that the defendant's character was atrosted by the two rev. gents, of the 4 £ 2

« ZurückWeiter »