« EdellinenJatka »
Surely you must laugh at the terms on which the parties were, simplicity of your subscribers when and the favourable opinions exyou are alone, with whom you are pressed by the defendant of the to pass for a draughtsman, being plaintiff
. The advertisement in ignorant of the very first principles the Calcutta Journal, announcing of design ; for an accurate copier the appearance of his book, was of inscriptions, being ignorant of also put in and read. all the ancient languages; and for John Murray.-I am a publisher an explainer of antiquities, being in London. The manuscript now incapable of even distinguishing produced I received about five or between the architecture of the six years ago ; when I parted with Turks and the Romans. I have it, I believe it was given by Mr. said enough. It is in vain to at Clerk to Dr. Babington ; this was tempt to make a man sensible of some months after I received it. ingratitude who has been guilty of Cross-examined. At the time I fraud.
got the manuscript back from Dr. “ What I demand is, the im- Babington, I had not seen the mediate restitution of those copies letter Mr. Bankes sent to Mr. from my papers, without exception, Hobhouse ; Mr. Buckingham sent and without your retaining any me two or three portfolios of drawduplicates of them. Let them beings and engravings; can't say how put into the hands of sir Evan many drawings ; there were
more Nepean, whom I have begged that than two; might be five or six ; he will, do me the favour to take the rest consisted of old French charge of them; and let all that engravings. Those produced are portion of the work advertised that some of the old engravings
. treats of a journey made at my Dr. Babington.-I am a phy, expense, and compiled from my sician; have travelled in the East ; notes, be suppressed. I leave you I became acquainted there with otherwise to take the consequence: Mr. Buckingham in April, 1815; should you persist, the matter shall we travelled together in the East ; be notified in a manner that shall in that year I saw Mr. Bucking, make your character as notorious ham copy inscriptions in India; I in England and India as it is al- have never seen him make drawready in Egypt and Syria. You ings or sketches ; I saw Mr. Buckwill find that you have not duped ingham in Madras, in April, 1818, an obscure individual, who is where I have seen manuscript notes obliged to bear it and hold his of his travels; I belieye I have tongue.
WM. J. BANKES. seen those now produced, but I " When this letter was written,
can't say positively; the books in I did not know that the person to
which the notes from which the whom it is addressed was editor of account of Djerask was drawn up the paper in which his long-winded were small ones like those now advertisement appeared, but sup- this country, I went to Mr. Mur
produced. When I returned to posed him to be still at Bombay.
ray's, in order to look after Mr. Several letters, which passed Buckingham's interest. I got
the between the plaintiff and the manuscript now produced from defendant, in 1816, were put in Mr. Murray in the end of January and read, in order to shew the or the beginning of February,
1820. I gave the manuscript to This was the case for the plainMessrs. Longman and Co., but I tiff. don't know whether the book was Mr. Gurney addressed the jury printed from this manuscript. I for the defendant. Mr. Bankes, have never compared the manu- he stated, was a gentleman of great script with the printed book. Mr. acquirements, who, instead of wastBuckingham introduced me to Mr. ing his youth in dissipation, had Burkhardt, at Cairo, and to colonel devoted it to the advancement of Misset, at Alexandria. He
literature and science. Whilst he peared to be on intimate terms was thus employed, he had the with them. He introduced me to misfortune to fall in with the the one in November, and to the plaintiff, who was at that time, in other in December, 1815. In con- plain English, nothing more than sequence of his introduction I re- a messenger
for a company
of merceived civilities from those gentle- chants, who had given him a sum men. When Mr. Murray returned of money for conveying their deme the manuscripts, he gave me up spatches; but which he intrusted a number of drawings, perhaps be to the hands of a stranger, leaving tween twenty and thirty, certainly the despatches to shift for themsufficient to make vignettes for selves. When the plaintiff wrote each chapter. I think I have seen the letter in question, he was conMr. Buckingham take sketches of siderably irritated, and it was nahead-lands, when we were tra- tural that he should, when he saw velling together near the Red Sea, that he was, by a person under but I can't speak positively to that obligations to him, about to be des fact.
prived of the fruits of years of toil Mr. Arrowsmith. I am a chart- and labour---years which he might engrayer ; I have compared the have spent in all the enjoyments drawing of the Ruins of Geraza in of his native land. He did not the published book with the draw- mean to say, that those feelings ing (Mr. Buckingham's) now pro- would justify the defendant in duced, and they correspond. I writing that which was not true; have compared the smaller one but he trusted that he should be (the copy of Mr. Bankes's) with able to show that every statement the one in the books, and they was perfectly true, and then, of differ materially in the bearings. course, damages would be out of In one place they differ as much the question. as seven points. There are eighteen The deposition of Mr. Biggs, of places in the whole map. I mea- Bombay, stating, that the plaintiff sured thirty or forty bearings, and had, upon the oocasion in question, I found that in eight out of ten of been employed to convey des them, there was a difference be- patches over-land to India, and tween the drawing in the book and that he had sent them by another the smaller map. There is also a person, having been read, the difference in the shape of the French engravings having, in the figures and of the buildings. There margin, the plaintiff's manuscript are in the drawing in the book two instructions for the necessary alrows of pillars which are not to be terations, as to costume, &c, were found in the smaller map. There put in, and the marginal notes are many other variations.
were read in evidence.
A. Da Costa, examined through for drawing-paper, and compasses. an interpreter. I was in the de- All those articles belonged to Mr. fendant's service during the time Bankes. Mr. Buckingham had no he was travelling in Syria. I was portfolio. I kept Mr. Bankes's in his service for seven years; I money in a bag, but Mr. Bankes entered his service in 1813; I was took some in a girdle which he with him in Egypt and in Pales- had about his body. Mr. Bucktine ; I first saw Mr. Buckingham ingham left his servant at Jerusaat the convent in Jerusalem; the lem. I paid the Arabs 250 piasdefendant was then on the Dead tres. I took the money out of the Sea; the plaintiff asked me if I bag ; Mr. Buckingham never put would be good enough to deliver a any money into the bag. On one letter to my master; he said that day he asked me for the loan of ten he came from Bethlehem, and that dollars, but I said I could not give he had been in Egypt. He said, them without my master's orders. that he knew Sheik Ibrahim (Mr. I afterwards gave
him the money Burkhardt), and colonel Missett, by my master's orders. I saw the in Egypt. I delivered the letter plaintiff at Nazareth, writing a to the defendant, who read it, and copy of my master's note-book. I then tore it into pieces. At that recollect the defendant making time Mr. Bankes had an Arab with the produced plan at Nazareth, him, to make an application to the after his return from Djerask. I governor of the town, to release afterwards saw the plaintiff trahis son out of prison. The son cing the plan at the window of the was liberated, and I then went to
Convento bring another Arab to accompany
Giovanni Benatti examined, us on our journey. The Arab's through an interpreter.--I was in name was Mahomet Mehedi. Ma- Syria, and went by the name of homet Mehedi was with Mr. Mahomet ; I acted as interpreter to Bankes before I saw Mr. Bucking- the defendant, whom I accompaham. The plaintiff afterwards nied to Djerask. I was with made an application to Mr. Bankes the defendant when he agreed for permission to accompany him with the Arabs to guide him to to Djerask. The defendant re- Djerask. Mahomet Mehedi, the fused, and said he did not wish to Arab, who had accompanied Mr. have any company. The plaintiff Bankes from the Dead Sea, had made application two or three days a son in prison, in Jerusalem ; before Mr. Bankes gave any an- and, to procure his release from
After some time, permis- prison, the defendant made the sion was given to the plaintiff to governor a present of a telescope, accompany the defendant, upon some silver, and pearls for a lady's the plaintiff's promise that he necklace. I carried the defendant's would go for pleasure, and not portfolio to Djerask. The plaineither write or make any drawings. tiff had no paper; the day was I saw the party set out. The raining, and Mr. Bankes was in a party consisted of Mahomet, who grotto, taking a drawing of Djerask; came from Egypt, Mahomet Me- Mr. Bankes was speaking, and Mr. hedi, two Arabs, and Mr. Buck- Buckingham was writing. The ingham. The servant, Mahomet, plaintiff' did not make any drawcarried a portfolio, a tin case ing. During the journey there
was no money paid, except a trifle Mr. Bankes's plan and Mr. Buckwhich I gave as a present to the ingham's. I am an architect by Arabs. I know the little book profession. now produced; I saw Mr. Bankes The Hon. Capt. Irby.I am an writing in it. One day, at Na- officer of the royal navy. In the zareth, I saw the plaintiff, who year 1818, I accompanied capt. was in the room, take a paper out Mangles, R. N., and Mr. Bankes, of it, and copy a plan at the win- to Djerask twice, and remained dow.
seven days there in all, and took a Mr. Charles Barry. I visited plan of the town by measurement. Djerask in 1818. I was accom- My plan agrees with Mr. Barry's panied by Messrs. Godfrey, Wise, plan. I mean that I only assisted and Bayley. I made a plan of the Mr. Bankes in making the plan place by measurement. I was now produced. I did not make there two days. The plan now any plan. The plan which I have produced is my plan, and it is cor- called my plan is the second plan rect. I have seen the published taken by Mr. Bankes. plan of that place; it appears to travelling in Egypt, in the year be a copy of the original plan 1817; and in Syria, in 1818. I taken by the defendant. The de travelled in Asia Minor afterfendant's plan is not correct, but is wards. I heard of Mr. Buckmore correct than the plaintiff's, ingham, at Aleppo and Cairo ; and because it has not so many errors that, instead of proceeding on his in it as the plaintiff's. In the mission to India, he was travelling plaintiff's and the defendant's plans about the country. the walls are waving in some Capt. Mangles. I was twice at places, but I say, that, as far as the ruins of Djerask in the year my observations went, the walls 1818, and assisted Mr. Bankes and are angular. In the printed plan the last witness in taking a plan of there is a military curtain in a the place. It is a correct plan. I part of the walls, but the place so knew Mr. Burkhardt, who went marked is merely an angle of the by the name of Sheik Ibrahim. I wall. In the printed plan there heard Sheik Ibrahim and Mr. are two towers marked on the right Barker, the consul at Aleppo, hand, but there are no such things speak of Mr. Buckingham. in that angle. At the opposite Mr. Brougham objected to any corner of the city there are many question being put as to what towers, which are not in the either of those persons said of the printed plan. There are also two defendant. rows of pillars in the printed plan, The Lord Chief Justice..Then but there are no such things in the I can't allow any to be put. In city. The bearing of the theatre, your plea, Mr. Gurney, you state and the drawing of it, which are that the plaintiff was notorious in in the printed plan, are not correct. those countries; but what one The remains of a bath, stated in man says of another in one counthe printed plan, do not exist. try, and what another person says That which is stated in the printed of the same person in another plan to be an aqueduct, is the re- country, are not sufficient evidence mains of a bridge. Many of those to sustain such a plea. errors are common to both plans Colonel Leake ---I am secretary
to the African Society, and have favourable opinion of the plaintiff, seen letters which are stated to be
were read. the letters of Sheik Ibrahim, but I The Lord Chief Justice having did not know him, neither did I directed the attention of the jury to correspond with him. I was not such parts of the justification as the secretary of the society at the had been proved, observed, that the time; I have seen the Greek in- plaintiff was entitled to their verscriptions in Mr. Buckingham's dict. The first letter written by book, and there are errors which I the defendant to the plaintiff apshould not expect from a person peared to be in consequence of having a knowledge of Greek. considerable irritation, but for the There are errors in the Latin in- republication of it to Mr. Hobscriptions. The word "Pyræum” house, no such excuse could be was inserted for the word “Py-' offered. The jury would there
fore find for the plaintiff such reaMr. Beechy.--I was acquainted sonable damages as would shew with the late Mr. Burkhardt; I they had been guided by sober judga know his hand-writing; the letters ment, and not by angry feelings. now produced are in his hand-writ- The Jury, having retired for ing...,
found a verExtracts of 'letters from Mr. dict for the plaintiff-Damages Burkhardt, expressing a very un, 4001,