Star. — London, England, 1807-11-05 00:00:00

LAP/ INTILLIGENCF.. fRIZE COURT OF ADMIRALTY, NOVEMBER 4. Before Sir WILLIAM Scorr, affided by two of the Trinity Mailers. THE DANIPH SHIP INDUSTRIE. This was the cafe of a neutral 'hip, captured off the Dutch coaft by one of his blajelly's (hips of war, ;mon the fuppofition that the was making for an eae sty's port at the time of the capture, contrary to the Order of Council. On the part of the captors it was Rated, that at the time the prize in quellion hove in fight, fhe was fleeting a north eallerly courfe, diflance about three Dutch miles from the port of Fluthing ; that a pilot boat was feen to come out of that harbour, and (leer ciiredly for the prize; that when the captor, carne op with her and hailed the Matter, to afcertain whi. then fhe was bound, he anfwered any where for a market; and upon examining the veal herfelf, they found that fhe had her anchor ready to let go, and every thing prepared for mooring the (hip when flie fhould arrive at her proper birth. Under thefe cir cumftances, the captors contended that there were (efficient grounds for her detention and ultimate con demnation. On the other band it was contended, on behalf of the claimants, that fhe, being a neutral (hip, was bound dired to Tonningen, there to wait further orders; that her courfe being S.W. and the wind blowing a dire& contrary way, with a frefh breeze from the N.E. the was under the neceflity of making frequent tacks, which mull confequently bring her much nearer the. Dutch c-aft than (he fbould have b e en, had (be been able to fleer a dire& courfe • that at the time of the capture the was upon one ofthofe tacks, but with no intention whatever of entering a patch port; they admitted they did fee a vete' put off from Flufhing and come towards them, but of that defcription the was they could not tell, and wholly denied that they had made any fignal for a pilot. With refped to the anchor being in readinefs to let go, they alledged that it was nothing more than frnall kedge anchor which they occafionally ufed, to flop the tide when it ran againft them, and for no other purpofe. The Learned Judge having heard the advocates ion both fides at great length, oblerved, that at the time the capture was made, the veffel in queflion was undoubtedly going an interdiflcd courfe ; and, being an interdided courfe by the authority of this country, it was the duty of mailers of neutral (hips to refped that authority,nor only to preferve the rights of nations in time of war, but to prote & the interefls _ . of their owners, by &idly obferving that line of duty which would prevent a fulpicion of a breach of fuch rights. With refpee then to the courfe which the veirel was in at the time of the capture, there could he no doubt of its illegality ; the only speltion, there. fore was, whether in the profecution of her voyage to her defiined port, there was any phyfical cattle by which this vetrel could be brought into the fitua. Pon fhe was found in at the time of the capture, and this was wholly for the confideration of the Gentle. men who affifted him on the prefent occalion. The Trinity Matters were unanimous in opinion, that there could be no caufe for 11-e captured being in fuch a fituation in the due profecution of her voyage. and that they muff have been !leering dared for an enemy's port. The condemnation of the fhip, as a lawful prize, was accordingly confirmed. THE SHIP LE anti A•EKTURE. this was a quellion between the officers and crew of his i Majelly's (hip Albion, and the reit of the Breit fqnadron, under the command of Admiral Corn wallis, in June 1803; and was, whether the captors were - entitled to (hare the prize, conjointly with his Majefty's frigate the Naiad only, or generally, with dm whole of that fquadron ? This cafe was made up of two quellions, both of la*and fat ; the former was, whether a Blip belong ing to a certain fquadron could capture and folely bare a prize chafed and taken, without the orders of the Commanding Officer of fuch fquadron? and the fecond, whether the capture was made within fignal dillance of the fquadron, or otherwife ? There was a confiderable mafs of evidence pro duced upon both fides of this cafe, confiding not sly of the depofitions of many witileffes, but alfo if extraas from the log books and journals of molt of the kips concerned or interefted in the tranfac tion. The evidence on the part of the captors alledged, that, on the evening of the sth of Jane, 18 , 3, the Naiad being one of the Brett flzet, and having made two Valuable captures, was ordered to proceed with her prizes to Plymouth, and about half pall fix o'clock the following morning, a Orange fail heaving in fight, the Albion, another of the tquadron, was ordered to chace her, and at the fame time the Ar• dent, another of the fquadron, was alto ordered to look out for prizes in an oppofite dircltion. The Al. bion, in put fait of the ftrange Ship, deered a C(11.11fe of N.N.E. and the fquadron continued on the fame tack until about half palt eight o'clock, when it tacked about to the S.S.W. in order to refume its original Ration off Bred. About ten o'clock the Albion came by with the titange fail, which now proved tobe la Ve treuille, an enemy's !hip, which the-accordingly cap. toted. While taking nut the prifoners, and about i a o'clock at noon, another ftrange fail was difcnvered to the N.V.W. at which time the fquadron was wholly out of fight, and only the Naiad and her prize rn view. The Albion immediately gave chime, and about fire o'clock P. M. came up with and captured , ls Bon Aventure, the chip now in difpute, the (qua , thin continuing all the time nit of fight. Upon thefe tabs, the Learned Advocate for the captors contended, that they were entitled to (hare conjointly with the Naiad, and not with the whole of the fquadron. On the other hand it was contended, from the great contrariety of evidence, both in the teltimony of the witnefres, and the variations in the feveral ac counts tweeted from the log books and journals, that the probability mull be taken that the fquadron Wu in fight from the commencement of the chace to the fubfequent capture, and conlequently entitled to a partition of the prize money. After nearing the arguments on both fides at very confiderable length s the Trinity Mailers were deci dedly of opinion, that, upon a companion of all the log books and journal:, of the depofitions of the wit noires, and the probability of the fads themfelves s lee fquadron, nor any part of it, euuld not podibly be withia tight, much lets igottl dillanee, trom the commencement of the purfuit to the ultimate capture. After hearing Dr.Lawit sit c at confiderahle length, in behalf of the claimants, upon the point of law, the Court pollponed the further confidetation of this quellion for a future day. OLD BAILEr. Yeflerday fix prifoners were tried, three of whoin were convicted of felony, viz. Ann Woodman, for ftealing a carpet, the prepeity of John Frembly ; and Eliz. Jotter, who was indiEted for Ilealing from the fhep of Mars. Neale, Bailey, and Neale, in St. Paul's Church-yard, a liquor frame and three cur glafs bot tles of the value of 31. Is. id. The witnefres for the profecution proved the value of the articles, and alfu the prifoner's being at the bottle of the profecutors, on the night of the 9th of Oelober Lill, and her ac knowledging the fad the next morning, upon being charged therewith, and that the had fold the fame to a pawnbroker. a little below the Old Bailey, for 255. The articles were produced, and were of the bell kind. The pawnbroker's man Stated, the prifoner brought him the articles fur Pale, on the morning of the toth of OOober, and that he gave her 25,. fur the fame. He Paid he could buy them f 30s. Mr. GURN BY, the Counfel for the profecutrus. faid it appeared he could. as he bought them of thieves. The RICORDIIk cautioned the young man from buying things in this way again, as he might hereaf ter be profecuted for it. The Jury returned a verdict of—Guittr. 7 Sheen, an Millman, who was capitally indiEted for privately Healing from the perfon of Edmund Rourke, his countryman, a filver watch, on the night of Sunday, the sth of July lath E. Rourke, flatted to the Court and Jury, that he was a labouter at Bow, employed by Mr. Crane. On Sunday, the sth of July, he had been at a public houfe in Bow, along with the prifoner, and they left it between (even and eight in the evening. The pri fooer went home with him to his door, and in a few mi• nutes after he got into his hook he miffed his watch. He went out in order to afccrtain whether or not he had dropped it, and he found its outer cafe only. He fent a meffage to the prifoner, defiling him to come to him next morning, in order to afk him whether or not he knew any thing of his watch ? He admit ted that he was tipiey when he quitted the public houfe. He found his watch a long time after, at a pawnbroker's. Being sliced if he would know his watch again, he replied, " if he did not know it among a hundred, he would take the whole blame on himfelf." Mr. Lloyd, a Superintendant of a pawnbroker's (hop at Poplar, Elated, that the prifoner pawneJ the watch with him on Monday the Gth of July. It was deliitute of the outer cafe, and he advanced him eight (billings upon it. He was lure the pi it rater was the perfon.. _ _ John tee, a conflable, apprehended the pril o ner on the 15th of Anglin. A duplicate of the watch was found upon him. He laid he had won the watch at a raffl:, and the duplicate was found/itch/din his breeches. E. Rourke, the profecutor, fwore to the watch as his property ; three he had loft it, he had fold its outer cafe. The pawnbroker proved tht duplicate to be the fame he had given the prifoner. The priftx.er, faid in his defence, that Rourke was drunk all the day on which he had loft his watch.' He and feveral others had been with him. He invited the prifoner to go home with him to fee where he lived, having invited him to come and fee him on the Sui.day following. 44 I was drunk, (faid the prifoner), and we were ail drunk together." After the Common SERJEANT had charged the Jury, the prifoner was found guilty. And three were acquitted, among whom Bartlett Bayley was indicted fir fleeting a purfe, containing one half guinea, a feven (billing piece, and a one pound note,lhe property of Capt. James Fitzmaurice, deceafed. It appeared from the evidence of Mr. Stevens,the mailer of an hotel in Ortendon.ltreet, that the Cap. tain died in his houfe on the t tth • of Oanber. The prifoner was in the houfe on the morning of that day, having been necationally employed by the deceafed in bt ufhing cloaths The witnefs was in the room when the Captain expired, and the intiant he dire°. vered he was no snore, he carried all the deceafed'a wearing apparel into an adjoining room. He found open, in one of Iris pockets, a pocket book that had been locked the night before. He afked the nurfe for the pantaloons of the deceafed, which generally were depnlited under his pillow ; but he found no thing in them. The witnefs knew that Captain Fox. maurice ufually kept hi• pink in his pantaloons; but the purfe and its contents had difappeared. The prifoner came into the room loon after the death of the Captain, and the withers charged him, the nurfe, and the chambermaid, with having Men the purfe. They all denied it, and an officer was feat fem.— When the prifoner law the officer coming in at the door, be pulled the purfe nut of his waillcoat pocket, Paying, " Here it is, here it is ; and 1 (hall take care of it, as the Captain owed my filler nearly 11. fur wanting." On the crofs examination of the witnefs by Mr. Boxxamn, nn fact came out to impeach the prifoner of having fiolen the purfe. It was proved, that he had been for tome time in the room with the deceafed on the morning before he died, when the nurfe and every one elfe was abfent. In there cir cumflances the pity acquitted the prifoner—it being betides manifen that a rum of 11. 175. was owing by the deceakd to the prifoner': filter in law for writhing. MALICIOUS SHOOTING. yobs Rigby flood capitally iodide& under the El lenbnrough lift, for maliciouQy, wilfully, and un lawfully shooting at Edward Ives and Charles MiP.s, on the sth of Odober laft. Edward Ives depofed, that he was in the fourteenth year of hi% age, and had been on the day mentioned in the indidtment on liking with one Thomas Price, a butcher, at Limehoufe ; Charles Mills was alfo in the fame employment ; and about four o'clock, on the sth of Taft month, went with wirnefs up the yard, in which the flaughter houfe was ; witnefs placed his hand upon Mills 's (boulder, vilio was fpeaking to a women then looking out of a window ; fuddenly witnefs felt Ma& wounded with fume Ihot about the face and head ; he was fo thinned as not to hear the report ; Mills was alto much wounded. He had been firing at fparrows in a walnut tree, which find ed the 11,indow of the prifonet's apartment, about n'elrck that day. Witnefs then prndaced the hat he 114c1 nn that evening; it was n►uch matked with the Eliv.heth Cihfort denoted, that the tended next door to the houfe in which the psifoner lived. She was looking into the :yard where Price's (laughter houfe was, about four o'clock that evening ; the obferved the two boys, Ives and Mills, there ; the latter was fpeaking to a woman in a window of an adjoining houfe. At that moment the beard the report of a gun, and law the frnoke come nut of the prifoner's window. The boys dropped their heads, and when they recovered, the obferved their faces covered with blood. Previous to the pun being fired, witnefs heard, she prifoner curling and (wear ing in his own room ; and a little time before the report of the gun, the heard him d—n their eyes, and fay he would blow their brains out. Anne Crips (aid, the was fitting in her own room in converfarion with the boy, Mills, who was in the yard underneath, concerning the danger of letting out a mad bullock that was then in the (laughter houfe. She law Ives put his hand on the thoulder of Mill., immediately heard the report of a gun, and fonn after law the boys' faces covered with blood. Thomas Price, the matter, fail, that he was in bed when he heard the report of the gun, being much fatigued after his labour ; he got up, and having fern the fituation of the boys, fent for a furgeon. Reber' Barretty, a w tterman, was attracted to the door of the hook, where the prifoner lived, in eon feyttence of feeing it furrounded by a great coneeurfe of people. Witnefs went up (lairs into the prifoner', apartment, and afked him how he valid do hell a ra(h act ? He was very uncivil, and d—d and blaßed the winters for daring to intrude. Witnefs told him he mull go with him. On there words, a young man came up into the renm, and walking to the bed fide, Paid, here is the pm. Yer, anfwered the is/ironer, that is the gun, and I would do it again.— On his way with the witsefs to the Magi(trate, the prifoner condutted himfelf in a very violent manner, (wore at him, and exclaimed that he cared nothing for any Judge or Juilice. The gun feemed, from the dampnefs of the pan, to have been fired within a lima time, and the prifoner appeared rather intoxi cated. George Fletcher, a furgeon, law the boys loon after they were wounded. Mills was hit in the centre of the right eye, and ■as not yet out of danger ; the fight of dna eye was gone far ever. The buoy Ives was much wounded in the face, and bad a tooth knocked out. The cafe here was doled on the part of the pr• fe cntinn, and the prifonet% Counfel called a number of witnetTes to prove his Infanir William Prance, a milk'vright, was acquainted with the prifoner more than 3o years ; recoileOed that about 27 years agn, the prifoner received a fever e hurt on his head, and in his opinion has not been the fame lane petfon fiuce. The prifoner is about 84 years of age. Thomas Cowper, a millwright, refiding in Old. greet, knew the ptifoner for the 'aft 35 years ; recolleCted that he received a molt violent blow from the (napping of one of the !pokes of a mill where he was at work ; believed that his brain was much in jured by the concuffion. The prifoner has never fince been fo (harp in his work, but he lid confidered him a perfon who knew right from wrong. John Gillins refried in the fame neighbourhood with the prifoner for the IA fifteen years. Always conficlered him a madman. Has often overheard him (Nearing and teal ing in his garden, and menac ing fome isogon in the garden, at times when the prifoner was entirely alone there. For the IA year he has been continually exprefling his indignation at this mere creature of his own imagination. William WielcHead, a publican at Poplar, depofed, that he was brought up by the prifoner and his wife. He has, when a boy, frequently nbferved the prifoner to work himtell fuddenly into a violent paffion, and without the lean provocation, knock down his wife with the teakettle. He has often kncwn him to have gone up to his garret and compor t himfelf, though alone, in the moll violent and infane manner. Wm. Harvey, and Ann his w fe, have frequently feen and heard the pi ironer beat and d—n himfelf in the moll unarcAuntable manner. They always con. fidered Irim deranged. Lawrence Sullivan, his landlord, lived in the fame hnuk with him for 24 years, and always obferved, that he was not of found intellect. Whenever he WAS contradicted, or drank any thing, be was beyond all rellraint. At one time the "rimers contradicted bin!, and he purfued him in a violet manner, with a haft in his hand, round the garden. The COMMON SESJEANT charged (he Jury, and faid it was a cafe perkelly within the fcope of the i Itatute under which the indittment was laid. By that ilatute it was net neceffary to prove any Jireft malice againli a particular perfou. It was fully fufficicnt to prove it an at dune v ith a general in tention to do injury ; and toppling that, in the pie fent cafe, death enfued, according to the evidence produced, lithe Jury credit it, it would be unquef tionably murder. it was true that a defence was fit op, which, if founded in faet, totally exculpated the prifoner from all refponfibility. But though, it true, it was a valid defence, yet it was the duty of the Jury felioutly to confider whether it was fully fupported by clear and unimpeachable teltimony ? Was it otheraife, any ill minded pettln might, by the occafional exhibition of fome unufual pranks, commit the molt horrid climes, and efcape with iat. punity. However, there was this confolati‘n, that if it.lhould appear to the Jury, that the unhappy prifoner4as not, at the pet iod of this occurrence, a human being confcious of his adliens, the power was vetted in the Court to prevent the tubjeels of the King from being injured by derangement. Verdict—Not Guilty, upon the grounds of the pri toner's infanity ; whereupon the Court ordered him to be continued in ctifiody. The unhappy man exhibited doting his trial the fullenaefs of a creature not alive to the Serious pre dicament in which be boa. Confider ing his advanced age, and the mental inquietodes to which he Iva• fubjeft, he is in external appeatanCe very able an healthy. San3e day the Seffinns ended, when fentence of Death was paired on— Andrew wen, for ftealing property at Hate!sett's Mid other Hotels. He kid a few words, fignifyint that an erroneous ac count had gone forth, as to the meaning a what he laid in his defence at the trial, and by which it would fecm, that at thetrial he meant to inflauate, that he and his wife bought at reenlist-hand the identical gJoas which he wa: ledided for (testing. He had intihtiOn-td-mote Fitch an affertion He admitted his guilt in that refpeet, and implored mercy What he meant was, that both bluetit and wife dealt in :mond hand goods, and that many of the things pawned be had got in that manner. As to his wife, the belt of women, the was emir: ly innocent 34 werehic children, although thus involved in two ruin King, alias 8.-njamitt Gibbs; Henry Jeffop, and Richard brown, (w Bleep-Resting. Twenty-one were order ed to het rad - ported beyond the leas for the term of foren rears, sig. John Sheen, William Wilmot, Margaret Moira% Moms Ad difon, Jofepb Francis, Sarah Lyon. ‘etiliarn Atkins, Wm. Sharp, Ann Gill Wm. Montague, John Gadfby. fames Ludford„ Thos. Slater, Charles Milltr. 111:.ry Neale, Flit. Burke, John cooper. Mary ( bapnian, M.iry Ann Mrrgaret Re's y, IrOtardGuppy,ard Jofeph Stanley, whore judgment was refpit:-.1 laft Eleven were ordered to be i'nprifoottl Gs tal.n.la7 mouths each in the Houfe of C o r r_, lion at Ckrkenwell. Four toheimprifoix.lin the fame gao: fur one year each. Five to be irnriremed in Newgate for various periods. hrce to be publicly wlippcd—one of them at Edmonton en Saturday acct.—Four tope pri7ately whipped. infcph Stanley. a boy of the age of to years, who was esinvleted left Seflions, wa• fralleller.d t., be tratalponcd for 7 years • Two judg mciit s refpited ►iU ■eiu Seffion ; and s 6 were difcharsed by Proclamation.—Adjourna to the sd of December next MUNDFR IN Sussex —Yetierday we gave an account of a r.bbery which took place on Sunday Leff at Chichefler, and of the murder of Mr. Sergeant, who joined in purfuing the culprit. The following parti culars caned on this melancholy event :—On Moo day afternoon, in coofequence of: the murder of Mr. Sergeant, near Chicheffer, the preceding day,a party of dragoon; pr -ceded from that city in fearch of the murderer : they arrived at the coppice where he bad concealed hitnfelf, which is near Petworth, and fume furrounded it, while others difmnunted, and entered every avenue. After a Itri6l March they difeovered him, and drove him out, wit h-mt any frock, hat, or (hoes on : he then ran ft; irtly f.me diaanee, but find ing his-purfueis to be dole at his heel*, he ran into a pond, when they immediatly fired at him, andihot him dead. He was taken nut of the pond, fearched, and the watch, of which he had robbed Mr. Rhode. the day hef•ire, found on him• On examination of the body, he proved to be a labourer, living at a village called Graffham, near Petworth ; his name is Jam.: ; he had two loaded piflols about him, but from the clofe purfuit of the dragoons, he had no power to tire them.—Mr. Sergeant was, we un dern . and, the Jecond l'on of Mr. Sergeant, formerly ;Seer...tary to tl:e Treafury, and now one of the Au• ditors of Public Accounts. A dreadiul cucumflance took place at Chener. field on Friday evening :—Two French ptifonere had arrived there a few days back on their parole, and took up their abode at the Falcon Inn, where they remained during three days, when having procured lodgings, they returned to the inn to difchaxge their bill, when on e of th em , a Colonel in the - French army, and a Member of the Legion of Honour, difcovered his flrong box to have beets opened by a falfe key, and his property, to the amount of a thoufand pounds, betide plate, jewels,' and other valuable's, to the further amount of five hundred pnunils, itolen. In a grange country, without either friends or money, And a prifoner, his filtration may be eafily conceives: his only refource in this diftrelling dilemma was an applicatt. ti to his fellow trAvslier ( who alto potidled confiderabla property), from whom he obtained the loan of two hundred pounds. On application being made to the Commillary for French prifoners, a flatement of the above was tranfinitted ro the Tranfent Board, and an immediate (cards was let on foot for the deteltion and recovery of the unfortunate gentleman'. property. Having been delayed on his journey from the coati, by indifpolition, at Athenflone, in Warwickihire, the agent employed in this affair naturally fuppufed the roperty mutt have been purloined during his con finement at the inn, where the Colonel and his friend had been detained. The fetvant. having been exa. mined and proved innocent of the charge, it was littpeeted, from the evidence of the chambermaid, and many circumftances which fhe related, that the Colonel's fuppufed friend had committed the robbery. A fearch was then made in a private place belonging to the houfe, and a handkerchief, containing a pocket.bnok, with French paper money inclnfed to the amount of 9001. and a variety of other articles were fount'. The Agents, accompanied by the landlord of the inn, then proceeded to Ctuefterfield, and with the Magiltrate, Commiffary,and Conitables. loft no time in waiting on the fufpeeted perfon, who, as loon as he recognifed the landlord of the inn, be trayed evident marks of guilt, by an immediate ex clamationof " You have bufinefs with me. I fuppote?" The Colonel being fent for, and having defcribed the pocket book and its contents, it was produced, and found to anfwer Isis defcription. During the exami. nation, in which the prifoner made a full confefflon of Isis guilt, and unformed the Colonel where the reft of his property was to be found, he was obferved to take a bottle from she Made piece, and repeatedly to chink of the liquid it contained, which was by the gentlemen prekot fuppufed to be tinEture of la vender, or tome cordial. but which proved to be pni fon. Fearful of this failing in its effed, the wretched man, driven to defperation, attempted to feize a cafe knife within his reach, but was prevented. In a fhort time the poifon beginning to affect him, medical afliflance was immediately procured ; but every at tempt to make him fwallow, or pals any thing clown thi oat, was found impilfible, (torn his obainacy, and twinning Ito ength. Between the paroxyfms of remorfe and pain, Ise appeared calm and collated, and requefted pen. ink, and paper, for the purpofe of making his will, winch he at:Nally completed, and havi:ig obtained torgivenefs of the Colonel. whole forrow on this melancholy occafion did honour to his feelings, and recommended his wife and children to his proteftion, fhould he return to his native c untr y, he firddetly feizeci a knife which lay unob fnved on the mantle piece, and plunged it feveral inches in his left breaft. The unfortunate man ltd. feted the greaten agony for feveral hours, and then expired.—A Coroner's Inquelt was held on his body, and the Jury returned a Verdi& of Self murder.... line deceated was immediately placed In a &ell, and buried on a wage piece of ground near the town.._ The deceafed was an athletic, handfoine man, and has left a wife and fix children. He was taken by a privateer on his return from abroad, where it was undernood be had acquired coufidetable property. 1