ocean, which had previously been undisturbed by the slightest zephyr, became now agitated with considerable fury, to the no small alarm of Mrs. P. who became exceedingly desirous to return to her own ship. From this step, however, she was deterred by the roughness of the sea. In this dilemma, captain S. with much apparent politeness, begged that she would not make herself uneasy, observing, if she was not afraid to remain under his protection, he would give her such accommodation, and endeavour to consult her comfort and happiness in such a manner as to leave her no ground to lament her temporary absence from the Rachael. After some persuasion, Mrs. P. agreed to accept the offer, as from the increasing strength of the winds she saw there were no hopes of her being able to get back that night, without being ex[*913] posed to hardships extremely unpleasant for a female to encounter. Captain C. and his male friends, therefore, quitted the ship, leaving Mrs. P. behind them, and returned to the Rachael. The state cabin was then prepared by captain S.'s directions for his fair visitor, to which she soon after retired, but had not been there long, when the obtrusion of the captain upon her privacy, excited no little astonishment, which from his subsequent conduct, encreased to the utmost alarm. He commenced his attack by apologizing for his entrance, and by ascribing his unexpected visit to the impression which the charms of Mrs. P. had made upon his too susceptible heart. He proceeded in the same strain of fulsome flattery for some time, but finding that his eloquence had no other effect than to raise the indignation of his innocent visitor, he proceeded from words to deeds, and having, in the first instance, imprinted some impassionate kisses, he took some other liberties with the person of Mrs. P. which delicacy forbids our describing, but which so far irritated and terrified Mrs. P. that she shrieked with the utmost violence. Her cries at length attracted the attention of a gentleman named A. who was a passenger in the vessel, and who instantly rushed to the spot, in time to prevent the perpetration of the vile and dishonourable intentions of the captain, from whose loathsome embraces he extricated his almost senseless victim. The ensuing morning Mrs. P. returned to the Rachael, and on her arrival in this country instantly informed her husband of the atrocious manner in which she had been treated, and immediate application was made for a warrant, in consequence of which, the criminal is likely to meet the legal punishment of his villainy. The result of the examination yesterday was, that the captain was himself held to bail in 1,000l. with two sureties in 5001. each, to answer for his appearance at the Admiralty sessions, or court of King's Bench, as the parties may think fit, to take his trial for the offence. Mrs. P. is a woman of an interesting and intelligent countenance, about 25 years of age. The captain had nothing either captivating or prepossessing in his appearance, and is about 30. He did not seem the least affected at his disgraceful situation, nor to feel in the slightest degree, the very contemptuous manner in which he was regarded by all who were aware of his unmanly conduct. He employed a short hand writer, a barrister, and a phalanx of friends; if possible, to intimidate his accuser by the publicity of her exposure. Notwithstanding these attempts, however, to screen himself behind her delicacy, she gave her evidence in the clearest and most collected manner, which conscious innocence and innate virtue could only have enabled her to accomplish. This was the only examination which occurred at this office worth * detailing."—to the great damage, &c. to the evil example, &c. [*914] and against the peace, &c. INDICTMENTS, &c. FOR LIBELS ON DEAD PER SONS. bel on a person who was dead. (4) That A. B. late of, &c. being a person of a wicked and mali- For a licious disposition, and wickedly and maliciously contriving and intending, to injure, defame, and disgrace, and vilify the memory, reputation, and character of G. N. C. earl C. then deceased, and to bring the family and descendants of the said G. N. C. earl C. into great scandal, infamy, and contempt, and to cause it to be believed that the said earl in his lifetime, was a person (k) The words in italics were not inserted in the original indictment, and it was holden bad on the ground that without some averment of intent to vilify the of a vicious and depraved mind and disposition, and destitute of filial duty and affection, and of all honourable and virtuous sentiments and inclinations; and that the said earl had led a wicked and profligate course of life, and had addicted himself to the practice and use of the most criminal and unmanly vices and debaucheries, on, &c. at, &c. with force and arms, wickedly, maliciously, and unlawfully did print and publish, and cause to be printed and published, in a certain newspaper called "The World," a certain false, and scandalous, and malicious libel, of and concerning the said earl C. [here set forth the libel with innuendocs.] to the great disgrace and scandal of the memory, repu❤ tation, and character, of the said G. earl C.; in contempt, &c. to the evil example, &c. and against the peace, &c. For insul. INDICTMENTS, &c. FOR VERBAL SLANDER. [Cumberland. Commencement of information as ante 6*.] ting and That M. J. late of, &c. spinster, being a wicked and ill disposed vilifying the com- person, and wickedly intending to vilify, scandalize, and bring missioners into disgrace the characters of one J. L. one R. W. and one of the property tax W. H. M. they the said J. R. and W. H. being at the time of in the exe- the committing the offence hereinafter mentioned, commissioners their duty. duly appointed under and by virtue of an act of parliament passed in the thirty-ninth year of the reign of his present majesty, cution of (1) (1) This indictment was settled by a very eminent crown lawyer now on the bench. See also ante 2 vol. 214*. Mere words of a private individual are not, in general, indictable, though, if reduced into writing, they would be libellous. 3 Salk. 190. But scandalous aspersions of a magistrate in the execution of his office are regarded as criminal, and subject the offender to punishment, at the discretion of the court in which he is convicted. Comb. 46. And, to these, the rule is strictly confined. For if the language, however opprobrious, apply only to the justice in his private capacity, no indictment can be supported. intituled, An act to repeal the duties imposed by an act made in the last session of parliament for granting an aid and contribution for the prosecution of the war, and to make more effectual provision for the like purpose by granting certain duties upon income in lieu of the said duties, for hearing and determining appeals relative to the duties upon income, and by virtue of such appointment acting as such commissioners, in the hearing and determining appeals arising in the respective wards of Cumberland, Eskdale, and Leath, in the said county of Cumberland, and wickedly and maliciously intending to vilify the proceedings of the said commissioners in hearing and determining appeals as aforesaid, and to bring into contempt and hatred, his majesty's government on, &c. at, &c. wickedly, wilfully, falsely and contemptuously, in the presence and hearing of the said commissioners, whilst they the said commissioners were acting in the execution of their said office in hearing and determining appeals relating to the said duties upon income, at a certain meeting duly holden by them for that purpose, on the said, &c. at, &c. uttered and pronounced, and loudly published to the said commissioners these false, contemptuous, malicious, scurrilous and abusive words, of and concerning the said commissioners, and of and concerning the proceedings of the said commissioners in the execution of their said office following, that is to say, You, (meaning the said J. R. and W. H. as such commissioners as aforesaid) are a blackguard perjured pack, and I (meaning the said M.) will bring you before the court of King's Bench; to the great scandal * and infamy of the said J. R. and W. H. as such commissioners [#916] as aforesaid, in disparagement of the said proceedings of the said commissioners, in disturbance of the administration of justice, and in contempt of the government of our lord the king, and his laws, and against the peace, &c. And the said attorney general, Second &c. that whilst the said J. R. and W. H. being such commis- count. sioners for hearing and determining appeals relating to the duties upon income arising in the respective wards of Cumberland, Eskdale, and Leath, as aforesaid, were acting in the execution of their said office in hearing and determining certain appeals of divers persons relating to the duties upon income brought before them at a certain meeting duly holden by them the said commissioners for that purpose on the said, &c. at, &c. aforesaid, for the said M. J. being a wicked and ill disposed person, and a disturber of the peace of our lord the king, and wickedly intending to bring into disgrace and contempt the said J. R. and W. H. as such commissioners as aforesaid, and the proceedings of the said commissioners in hearing and determining appeals, came, and then and there, to wit, at, &c. aforesaid, scandalized, insulted, and vilified the said commissioners so being in the execution of their said office, by saying to the said commissioners, in the presence and hearing of the said commissioners, these false, malicious, scurrilous, and contemptuous words following, that is to say, &c. [set out the words and conclude as before, and as ante 6*.] [*917] *CHAPTER XV. OF OFFENCES AGAINST PERSONAL PROPERTY. LARCENY. (a) PRELIMINARY NOTES. The offence. The offence in general. Larceny is the wrongful taking and carrying away of the personal goods of any one from his possession, with a felonious intent to convert them to the use of the of fender, without the consent of the owner, 2 East, P. C. 553. 2 Leach, 838. To constitute this offence, therefore, in any form, there must be a taking from the possession, a carrying away (a) As to this subject, in general, see Hawk. b. 1. c. 33. 4 Bla. Com. 229. to 250. Com. Dig. Justices O. 4, 5, 6, 7, 8. 2 East, P. C. 524 to 791. Burn. J. Lar ceny. Williams J. Felony. Dick. J. Larceny. |