Star. — London, England, 1807-10-31 00:00:00

LAW INTEI.LIGENCE. COURT OF CHANCERY, OCTOBER 29. This day The Court opened, after the Long VAca non, and was very numeroully attended. OPERA WIUSE. Sir SAMUEL ROMILLY moved, on behalf of Mr. Waters, me of the Executors of the late Frincis Efq. that, as the management of the enter !atnments of the King's Theatre was vetted in the principal proprietor of that eliablithment, Wm. Tay. lor, Efq. and that he was prevented by pecuniary embarratrments from attending perfonally to execute the duties of management, that his Lordlbip would appoint another Manager, that the concerns of the Theatre might not be negleCted., Mr. WIT H kItALL laid, that the queflion was. fn. complicated that he was afraid his Lordthip could mot go into it that day, and he therefore hoped it would be allowed to (land over till the next Seal. particularly as there appeared to he a millake in regard to the initruCtion of Countel t The LORD CHANCELLOR faid he hoped the parties would agree among themfelves. He had no with to Nye the management of the Opera thrown upon him. He was already the Manager of Drury Lane, of the Royal Circus, and of one other Theatre (the name of which we could not colleet) and he reallY aithed - to have no more of them put on him. It was ordered to (land over. • A curious eircumftanee occulted on this Motion. When Sir Samuel Rollinly began his motion, the Solicitor for Mr. Taylor, (Mr. Comrle) whifpered hint that he would find, on confulting Ms book, that he bad been previoufly retained for his cficnt the other fide, though his brief had not been d, riv tred, is they lid not expect the motion to come on t1:1 Tucld.q. After the Matter was adjourned, it turr cd out to be fo and Sit Samuel return. ed his brief and tee to Mr. Mills, the Solicitor for Mr Waters. CHANCERY WARDS. Sir S. ROMILLY this day made a fpecial motion on behalf of two infants, wards of the Court, againd the• executors oftheirdeceafed father an opulent merchant, who had acquired a largeproperty in trade, and which the Learned Counfel Rated to have become the ohjee of others to pail's themfelves of by illegal means, in dire& violation of the juQice of the Court, and in con tempt of an injunetion and order iffued in this cat& in . AuguQ tali. The learned Counfel dated,that a daring confpiracy had been filmed againft there infants, by Many of which, unfortunately; Mary Pearce, one of the infants, was already married unfuitabty, and Tho• Inas Pearce, the other infant, was in the Mort immi nent danger of a fimilar fate, notwithftanding his Lordfhip's late initiation and order to prevent fuch an intended marriage. The plan adopted by (bele oonfpirators was Rated to have been entered upon with a view of prrcuring this infant fun to be married to a Mrs. Farmer, a widow lady, aged 35 years, and of entitle very difpropottioned in that and other te• fpeets to the infant as a wife. He Rated, that the infant had betn fi , it fent under the cat e of a Mr. Nor ris, ar }faddy, in Effcx, to keep him from the impor tunities of Mt s. Fanner, and that he was afterwards eooveyed to Colcheller, for the better liming him tom her addrcires. It appeared, however, that Love was fertile in in. vention, and the found means i f conveying a letter to him by a porter, which contained thole fentiments of affeCtion which were calculated to make Itrong i m p re f bons on a weak or tender mind. Mrs. Farmer had ptomifed in rerfon to his Lordthip to dealt from her totirtthip with this infant, and was under an injunc tion to that effcet during his minority. There was ails an order of his Lordthip's, which was read, pro. hibiting her from any communication or cnrrefpon ience direelly or indit eftly, by letter or other ife, with the infan., and it was part of the order that the Mold on this day petfonally appear in Court.— She eluded the let vice of that order, which required to be fersid perfonally, and an affidavit to that circa was now read; upon which a fecond motion was pounded, for fobllit in ing ler s ice at her tall place of abode (if the houfe (Cmild be found inhabited), in place of perfonal fervite,*and it Wks further prayed, that fhe may be direded to attend tote' Court in per. fon, on the firt day of next Term. The LORD CHANCELLOR granted the Motion, ob. ferving, that he feared the injonflion could only ex tend to the perild of the ir fan.% minority, and as no perfonal fetvice was made, there could be no con tempt as yet imputed to her under the order. He added, that if any party fhould attempt to elude the proccfs of the Ccurt, its ATM was long enough to 'Oath filch a p arty. It was, however, Hated, that Mrs. Farmer was at that moment in Court in per fen, purluant to the part of the order requiring her perfonal attendance. She, lron rver, dtd not come bttore his Lordfltip, nr r was called tor ; fo that the public curiofity was difappointcd in not feeing her in perfin. SU Ltoctt. The Loin CartacE L Log laid, that he had received *petition from a pet fon of the name of Bullock, who lad been a bankrupt - , and who had been convi4ted, elder the bankrupt laws, of felony. This application appeared to him to defer v, fcrious con fidcration,and the principal difficulty in his own mind was, how far it vas within his jurifd'etion to interpote, in the fitoation it which the petitioner Rood as a felon? The petition gneltioned the validity of the bankruptcy Rated to have been proved at the trial, on feberal diflistel :minds:— t. Upon the Stamp Aels. a Up.-n the Petitinning creditor's s"ebt. 3. Upon Aels of Bask. "Vtel Previaufiy committed by tl e pi ifoner. The prayer of the petition was, that the commit . - inn might be fufpended, and that as order ghoul,' be /Ned from the Court, that the proceedings might be ( nbcomil n - , and the parties ferved with notice.—; It Ludfh b ip added, that the order he made was, tat the bankrupt fLuld apply to the Court, to have eefubjeft heard. It any application had been made tithe Gent'etnen at the bar, h,-: thould he gird to be *mud nf it. The only report he had leen, was *account of the trial it, the Newfpapers. ,Ris Lordfhi p was i n f ormed, by a Gentleman i n - ‘-',." 1 1, that p apers had beet, lent, explanatory of the l. 1 9e8, t't the Office cf the leer etar y of State, which C i ! . . - adthip mig:i t b : dii pt ilcd to infpeft. „the LORD CHANCILLoit It hittlttL that many oldie , n teaien, Rated in the petition to him, ought to have -:en argued elf...where, it th e y 'acre valid. His doubt as, if, under die cissamtlances, after having been r'viaed, the b ankrupt to•ild stand up as a ittitor of Court. When d petitioning creditor attended and Urns to prove his debt; it would be advifable at it ['souk! be eit a blith e d b e f ore the Conintiffionets c 1 gal evidence, to ptevent future uncertainty and las.i.A. 114414. L V. LiVEMIEr. . An application had been made to the Court to en force a contrad for the purchafe of an edam bought for the (urn of 18,5001. Mr. Fooscaracurs, ch the part of the defendant, prayed, that the validity of the title might be inquired into, his client waving other objedions. The Learned Coma laid, that the only ,objection was, whether a portion of the ettate were leafehold or freehold; and if being leafehold, a proper title could be made out. Sir SAMUEL Rostit.i.s. replied, that the titration alone related to about nine acres of this large pro- perty. It was a mull extraordinary cafe, that fuch an objedion should be railed to the title in the prefcnt nage of the bufinefs. The LORD CHANCELLOR Paid, that the Mailer mould dillinguilis, if the. matter wire referred to him, as to what portion of the ellate the title was incom petent, Whether the circumltance of nine acres being leafehold ought to invalidate the contrad, was a matter far the Court, not for the Matter, to deter mine. As the caufe had proceeded to loch an ad vanced nage, it was too late to come with loch an ohje&ion, without the confent of the other party. In tome cafes of title, the Court .had gone the length of bill and anfwer, and had admitted the confederation of it ; but after they had proceeded 40 a commiffion, and had•been examining into all the grounds, neither Mr. Forrat.asques more juvenile, or his own more , protrafted experience, could,he was confided, Nina them with an inilance, where filch an enquiry had been admitted. " You mule take the motion; there fore,, (raid his Lordlltip) upon fuch terms as Sir Sensual. ROMILLY will grant it." At the &foe of Mr. Fortaxamoys, the matter was pollpontd until Tuelday, which is the next day of motions. ADMIRALTY COURT-DOCTORS' COMMONS. Yefterclay the Right Hoe. Sir .Wre:. Scorn pro eeded to the adjudication of the following cafes : Principe Regente, Rocha matter—This grip failed under Pot.. tuguefe colokirs, laden with oil and othcf articles, on &voyage from Andlentam to a Portuguefe port. It appeared that the Chip ha been brought into Plymouth, and reltored, on the payment of the captors espences ; that In the profecution of her voyage after ivards, the was boarded, and the papers appearing (*felons, the was again brought Into port, and What in port, Inane concealed papers were found. On behalf of the claimants (the property being fully documented) it was contended, that it was an unJutti fiabte feizute t but thn Court, under all thocircurnitances of dna cafe, reftored the ihip And cargo. Governor Gillman.—This American veffed, laden with a cargo of tobacco, cotton, Raves, and other articles, was captured in the profecution of her voyage to Amfterdam.—The Court, after the cafe had been thortly proceeded in, obferved, that this cafe was exadtly hmilar to that determined the other day (the Orion), and t:kat it could nut fit to put a Rop to all neutral commerce, as it would have that circa, if it countenanced fuck proceedings, and therefore eond-mned the captors in coat and damages. Johanna Triefenberg, Martin maßer; and Rio Duoro.—ln there two cafes further proof was required. Unity, Hodge mafter.—This American veffel, laden with a car. go of various merchandize, was going from Amfterdarn to New bury Port in America, when the was met with and captured by a French cruizer, and afterwards refcued by a Britilh wall, for which fervicc falvage was claimed.—*(he Court pronounced, un der all the circumitances of the cafe, that the valet was exempt from the payment of falvage. Charlotte, t..tromtter maiter.—This notugoefe (hip was laden with pitch and La.—Ship and cargo condemn Fred, Punnets mafter.— I his vet Tel was claimed as Britifh pro. party —Ship reftored, with freight and eapences. Nova Amizade, Hoban matter. —This Portogsefe Yaffe!, with a. cargo of cotton wool, was on a voyage from Lilboo to Nantes. this cafe, further proof was required. Fanny, matter —This wird. under American colours, la. den with a cargo of Eaft India produce, was captured itl.the pro [caution of he>• voyage from America to Amsterdam. The Court, in this cafe, pronounced the feizurc of the ship in queftion to be uujultifiahlf, accordingly reftnred the fame and the cargo, and condemned the captors in colts and damages. OLD BAILEY. Yefierday nine prifoners were tried, of whom one was capitally convicted, via. Andrew who was convicted yefierday, and again tried, for Realinr in the dwelling houfe of S. Holmes; the White Horfe Inn, Fetter lane, feveral articles of wearing apparel, and a filver watch, the property cf B. Frederick. 'nice were convicted of felony, Via. Ann Fowler, for !leafing a Inver table fpoon, and a table cloth, the property of H. Chave. N. Orab, for healing a filver watch, the property of H. Southey. IV. anti, for Realing a pelilte, value 45. the pro perty of W. and C. Matthews. Antonio Defpardo, alias Dlino, a Spaniard, was put to the bar, cnarged with an indictment for (tabbing one William Burn, an Engliih Gilnr, belonging to the fame Ship, at Canton in China, while they were on (bore there, on the 3oth of November UR, to which be had pleaded nut guilty ; and had claimed the privilege allowed by the benignity of the laws of England to foreigners, of which we gave the part'. culars on a former day. Mr. Assor opened the indictment. ThC ATTORNOY GENBRAL opened the cafe for the Crown. He laid, the prifoner at the bar is a Spa niard , he hands chatged only with manflaughter, in killing William Burn, and which offence he is Rated to have committed at Canton in China. The circumßanees which I have to Rate to you are very thou. • The prifoner was a failor on board the Airly 'Cattle ; he failed as one of the crew in that fhip to Canton in China : the veffel arrived, and went a eonfiderable way up the River ; the prifoner, with I many of the crew went on throe, and while on Shore 1 a quarrel and a fcuffle took place between them.— We cannot fay, for we have no information, in what the quarrel originated ; we have no one who ' was prefent at the beginning of it ; but the Captain's Steward will give you particulars enough to fußain the charge again'( the prifoner. Some confufinn having taken place, and blows having been riven, he went down among thith. The witnefs will tell you,. that William Barr„ the deceafed, came out of his place of reit, nearly undreffed, and went, with the witnels, to the (pot where this truffle began. They found the prifoner wish a knife in his hand, appear ing to be very much irritated by fome•hing which had given him great offence. They were &limns of taking► the knife from him. The deceafed laid hold of him, for the purpofe of taking the k:rife front him. The pastier first Slabbed at, but miffed the deceafed, or wounded him flightly. The deceafed renewed his endeavours to take tlse knife away, when the prisoner aimed another blow at him, and nabbed him, and then gave him a wound of which he died. Yon wail have to confider whether, tinder there cir cumliances, this killing fallen, on the prifoner the crime of manflaughter. Of that et ime there can be no doubt. 1 think, when you than have heard evt. dence. But a queflion doth a ice which his Laidihip t will have to confider upon a point of law. It is— Whether this cafe does or - does not cr:rne wishin the At of Parliament under which this ti ecial commit• lion is held ? By the 33d of Henry VIII. this mode of trial is cnatied, relating as it does to the trial of perfons charged with murder beyond the feas ; that Aft was confined to the crime of murder. A fob fequent nature of the 43i Geo. 111. extended it to that of manflanghter. By that law Lis Majeay is authorized to iffue a coinnuffion for the trial of of fences, whether committed 'within this realm or with. out. I am aware that doubts have ari'en in the minds of grave perfonc, whether this applies to the cafe of a foreigner committing a crime abroad. His Lordlhip will confider thir, and probably take the opinion of the Judges upon it. For the prefent, we will take it to apply to the prefent cafe. I will call the witnefs to prove the faits, after which you will, I apprehend, have no diffieultY in finding the prifonet guilty of manflaughter, which is the crime for which he is indifted. James Burford, examined by Mr. GARROW " In the months of November and December fall, I was in the fervice of Captain Prelcott, of the Airly Celtic, at Canton in China. I know the prifoner. He was a Iceman on board that fhip at that time.---;. He had entered as a volunteer from a Dutch (hip, where,he was taken in Prince of Wales's Ifland. He had been on board two or three months when this unfortunate affray happened. He went, with fume of the reit of the crew, on (bore at Canton. I was on (bore too, but feparated from them. In conic quence of what I heard, I went among them. The deceafed was an Englifhman—the prifoner is a Spa niard. The deceafed and rnyfelf went together, and found the prifoner within the ring of the crew, among the people, with his knife in his hand, attempting to nab feveral of the crew. I immediately went into the ring, and defired the prifoner to go into the fac tory, whith was clofe by, they being jolt under the Wall of it. The prifoner, when he law me, attempted to flab me. I immediately held up my flick to keep him from me, and he let his arm fall. The deceafed (Burn) came to me, touched me on the fhoulticr, and told me not to go too near the prifoner, for he had a drawn knife in his hand. I anfwered, that I faw it, and that I intended to take it from hint. The deceafed, Burn, then Paid, I will take it from him. He then went to the prifoner with intention to lay hold of him. He attempted to fecure his arm ; got hold of one of his avms, but it was the left, and the knife was in his right hand ; pufhed the prifoner with fothe violence again( the rails, which were behind him. At that moment the prifoner made a thruft at the deceafed with a knife, and wounded him a little below the navel, but (lightly. The deceafed then attempted to lay hold of the prifoner's arm a fecund time, but miffed his aim, when the prifoner gave him a fecund thruft very violently, and (tabbed him in the left groin ; the deceafed then fell from the prifoner, and Paid he was (tabbed. The prifoner then threw his knife away from him over the rails behind him. I did not fee the knife afterwards. I fecured the prifoner. Afterwards, about half an hour, I law the deceafed ; he was lying on his back about too yards from the place where he was (tabbed. I was with him until day light, when he was taken into the fhip, but I did not fee him after he was dead.— The firlt I law of this affray was the prifoner with his knife drawn, attempting to flab many of the crew : they were all on him, with their nicks up "tempting to (hike him. The Interpreter then repeated the whole of the evidence to the prifoner in his own language. as read to him for that purpofe by Lord ELLENBOROUGH from his notes. When he was told that he entered voluntarily at the Prince of Wales's Ifland, he laid No; but that he was taken prifoner from on board the Dutch Ihip ; that the Captain of the Indianan told him it was neceffary he Ihould affiß in the navigation of a merchant !hip, and that he agreed to affiii in it ac• cordingly. Tht ptifoner then afked the witnefs, through the medium of the interpreter, whether the deceafed did not fatly forth into the place valve he was in the itreet, with a Rick in his hand, with intention to alike the ptifoner ?—A. The deceafed had no flick in his hand ; nor did he (ally out with intention to flrike the prifoner. Q._ Whether after the deceafed fell, the other fai lots tat were about firuck the Prifimer ? A. I think they did—l did not fee them flrike with flicks before he gabbed the deceafed ; but they appeared to me as if they were engaged in an affray ; they attempting to itrike him with Ricks, and he menacing them with his weapon. George Holman, one of the crew of the Chip, wai prefent at the time when Burn was slabbed ; law the knife thrown away by the ptifoner ; took it up and delivered it to Mr. Hall. Mr. Henry Hall, 4th officer of the (hip, produced the knife ; he then Paid that the prifoner entered the (hip, the Airly Callle, from on board the Blen heim—he came on board bf us, laid the witnefs, as a volunteer ; I was prefent when he received the bounty ; he did not ferve as a prifoner working his pafrage, but had entered as volunteer, and was one of the crew ; we have all letters of marque; he receiv ed pay the day before this happened ; he had 455. a month, befides the bounty : we were about eighty miles up the river—it was about the third of a mile acrofs from where the !hip lay, and was within the tide-way. The prifoner admitted his having received two months pay the fame as the reft of the crcw ; but de• nied hi► having taken the 13.)tinty. Jofeph Stacey. furgeon of the (hip, proved the de. cealed was under his care ; had received a wound in the groin by which his inteßines protruded out of the fide for 6 inches ; died between five and fix in the morning on the day following; no doubt the wound was the occ.ifion of his death. Being called upon for his defence s the Ptifonet fail, thole who had charged him with 11 fit )_i li x the deceafed, did not ('peak the tfuth. The deceafei' came upon the prifoner ina fate of intoxication with a Ilick in his hand, with which he gave the Ptifone: a blow over the head, which cut him, the mark 01 which Bill remained en his head. The deceafed the: retreated, and immediately afterwards began at! vancing again, whed the Piih•ner leceived a blot' from behind, which knocked him to the grt:tind.— He got up, and found that his knife, wt.i4h he woi• in a (heath, had talk) on the ground. He picke, it up, but had not time to replace it in the fcabb.ii, when the JeccaLd advanced, and again attacked the ?,'ironer wir' trick. I. was linp ,albi 7: lot the pit loner to rette it, being then elta^ I,p o n t,te F.,dor wall. He held up tO, left hatid to oetetid Ittinfelt against tite blows of the dec,:a!e.l, and hi, k.iite pro• jeered out. The deer:4l.rd (It pt hi, foo , , gild tel o n the Pr;forier', k..ife, and io mitotic' .(.-rite be the wound which he re.tiv,,t. Su 1.0 I.oir, wifi-,i,t; to quarrel with the deceaCed, or at,y others t,f tne c.. N. the PIK iner, on feeitog them dif r al,..d to qua , ei Ito him, hid ltimfe!f helutof the &to of the Fallot y, from v.henee lie v.a, pu!led by the hair of die bead by one of the party. They then pt op 11.: to kill tne prifoher, laying, it wonid mAci; Pie eheniy one and that there would not be .4::y j i.licc for him. Burl ad was again called up by Loicl ELL I. /19. ROUCiI, and being low:Nate.' a, to the different points of the prifoiter's defence, Jeclat ed that it was not title that the deceafed was drunk ; that he bad fallen for Ward on the Prifatter's knife, ur tnat ti!‘ deceafed bad (truck the prifiater. The prif mer laid he had hit iniated to the C.lptain that he bad four wi neffes to ad:.'oze ir, his ex.. 11- pation, but the Captain had paid nu dttrr.:ion to Li; application. It appeared, however, from the evidence of Mr. Read, the Police Magiatrate, that one of their wit neffes, named Torres, had been examined before him, and had been allowed to depart, the ptiloner himfelf being convinced that his evidence did not make for the prifoner—and that a fearch had been made for upwards of a fortnight, for another perfon of the name of Babtiaa, whom the prifoner aifo re prefented as a material evidence for him. Lord ELLEKBOItuUGHp in recapitulating the cafe to the Jury, raid, the potation in which the parties were first difcovered, the deceafed being oppofed to the prifoner with a flick, while the ptitor.er held a knife in his hand, no evidence exiaing as to how the quarrel had originated, or who was the Era aggt ef for, might naturally he fuppofed to have produced fuch a degree of irritation in the mind of both, as to have reduced the r , ffer.ce to he committed by either to the denominatian of manflaughter. It WAS for the Jury to determine, between the evidence f .r the prufecution, and the probability of the ;tory told by the prifoner, how far they could Cupp .le the pri:oner atluated by fears for his perfonal foto v. If they were of this opinion, the prifoner allied in felf deLnce, and if In, mutt be acquitted of the maidliughter The latter part of the prifoner's delenci., however, in which he reprefented that he had been torn from his place of concealment by the hair of the head, on which occafron it was pra,pofed to kill him, as the enemy would thereby be made one leis, &e. was fu completely improbable as to throw a eacredit on all the refl. It was for the Jury, hotveVer, to determine. After being ahfent for aboin three hours, the Jury returned a verdid of—Guilty. The Special Commiflion was then adjatirned rill December, and the prifoner remanded till that time. 703 n Irilliamfon, apothecary and man midwife, of Qlteen Anne•ftreet Eall, was indieled far the mur der of Ann Delscruix, the wife of Mr. Delacroix, maker of distilled waters, in Poland-Urea, in the parifh of St. James, Weamiufter, on Sunday, the zoth September. At the clife of this trial, Lord Et.ersanitouon obferved, that as it was likely many accoonts w uld be given to the public of this trial, he would recoma mend that they fhould be given very (rvingly, as full details might produce injurious effects on the minds of many females in delicate and dangerous fituations. We (hall therefore obit:lye the tecoM mendation of his Lordlhip. The prifoner being about 75 years df age, was in dulged, on his own requea, with a chair, at the bar. From the evidence of Elizabeth Gar ret, the mirk, who waited on Mrs. Delacroix, it appeared, that the was delivered of a male child by the pi ifoner on Fri day, the 17th of September. 0., the Sunday fol. lowing, the prifoner performed another operation, which was attended with the death of the patient. It appeared from the tellimony of a number of Medical Gentlemen, that great et rors had been com mitted, and confiderable vialence ufed. The prifoner, when called upon for his defence, merely Lid, that he had filled to the bell of his judgment. Fourteen women Were then introduced as witneffes in his favour, all of whom he had delivered at differ ent times. Only fix of thern•were examiurd, who uniformly (poke to the kindnefs and attention which he had (Li played, and to his !kill, as tar as thsy were able to judge. Lord ELLENBrROUGIf ebferved, in his ehatge to the Jury, that .not a particle of evidence had been produced which went to convid the prilmet mur der: But though the lige of mut des mull he excluded, yet it was for them to confider whether the evidence went fo far as to bring home manflaughter, which was the charge contained it) the verdid of the coroner's inquell. In that cafe the piiforter mutt have been guiity of criminal tatifeondtid, wiring either from the greffeft ignorance, ur the mill cr iini nal inattention; one or the other of (bele was neceffat y to make him guilty of that criminal negligence and mifcondua which would infer manflatighter. It does not appear that in this cafe thete was any want of attention on his put, and from the evidence of the witneffes in his behalf, it appears he had delivered many women at different times, from whir h he mull have had fome degree of &ill. It wi.tili feem that having placed himfelf in a dangerous lituation, he became (hocked and confounded. He could noc poffibly have committed fu:h miaakes in the exeicife of his unclouded faculties. It appealed to his Lord fhip, that if they brt.ught him in guilty of man flaughter,it would tend to encompats a ni,,ft important and anxious proteffion with fuch dangers as would deter refieding men frt,m entering into it. The Jug , after a (host contideration brought in a verdid ot-Ict A very awful event occtirted a' Leeds Rwation Office on Timidity lan. A woman (who had leen getter days) came to mate a complanit to the Ma• nitrates, that her htifbat..d negiefled to make ,Officient provilion fur hcrielf and tal:ily Ittr deli. :acy induced her to wait till all the olier tattling, of he Office was concluded :—witea the proceeded t t aake her curnr hunt, the became vitil,..nt:y Agitated, Ind, being leized with an apopledic atfeaion, capited a [ m all ronm arijoining in lefs than 2. Vac C tionet's Jury brought ill a veleta of:—.Di:d y the vilitaticn of Con. i s 1 . 11'4 11 1 tlp '1