Star. — London, England, 1805-07-24 00:00:00

INtiLLOWE. MAILS This DAY.—Wiwi IL W. Asa. Dos. Illtll6 SDI. bUM:rt I o Hambalia, 0 t Waterford t I Gotrefthatei o i Lifboa o 1 PLYMOUTH, JULY St.—Came in the MSLAKPUS, of 36 guns, S. Porsrz, Efq. Commander, from a cruise, with her prize, a beautiful Spanifh corvette, called l'Hydra, of 32 guns and 170 men, which the captured on the 15th intl. near the Weßern !Rands; the Arst.•mts,of i 6 guns, Capt. Mastitis ILD, from nn he Coaft of France, having captured and brought i„ veil fine lugger, called le Bellifaire, and a (loop clfled le Napoleon, both from Bourdeaux, with or.!ndy and rofin ; alio the SAN Riser, of trs guns, Sir C. COTTON, and the NEPTUN s, of 99 guns, from the Channel Fleet ; the NAIAD, of 33 guns, from a cruise, and the Litwin°, of :8 guns, from Portf wouth.—Sailed on a cruife the Flin t of 16 guns, Lieut. Bouswz.—Wind W. S. W. PORTSMOUTH, JULY 113.—Arrived the LOCUST gun brig from a cruife.—Wind S. W. Cowls, Jowl 23.—Arrived the Harmony Danifh Chip, from Saint Ander°, Juacianson matter, with paffengers, and fent to the Motherbank ; Odavia, COLLINS, from Charleflown, with fugar and rice; and Eliza, Howl's, from Boßon, with rum, both for orders. Capt. Huang, lays, five days ago he was (poke by an Englifh frigate, having a French goop of war in tow. DEAL, JUL• 23. Arrived the Harlequin armed Chip from Plymouth, with a convoy, which are failed for the River. Sailed the Ratt.t.avefloop of war for Dungenefs.-••Came down from the River the Eu phrates outward•bound EaR Indiaman. Arrived the CYGNITT sloop of war from a cruize, and remains in the Downs with a large fleet of fhip2 of war and outward•bound veffels. LIVERPOOL, JULY 22.—The SUCCESS frigate, with fix (hips under convoy from Africa to the Weft In. dies, was (poke on 3d June in lat. to. N. long. 27. W. by a Dane arrived at Plymouth ; the Titossr suss Poop of war in company from the Gold Coaft for England. The fhip Charles Carter, recaptured by the CRESCENT, arrived here on Saturday. Arrived—the Elizabeth, Dempfier Sifters, Tbompfon ;Spring. Read; Kangaroo, —: Duke of Kent, —; Friends, Ham mond; lark, Norton; Hero, Sealy ; Favourite, Waye; Prineefs Ronal, Norton; and Harriet, Furman!, from hence at Newfound !mil. The London. Mackenzie, from hence at Riga. The Oeo. Vaihington,—, from hence at Peterfkurg. The Ciertine, Beh rens, from hence at rmbden . The —, Fletcher, from hence A Cubeek. The Johan Peter, Schwartz ; and Oak, Make, from kola at Tormingen. The Belfaft, —, from hence st London deny. The Rua', Towers, from hence at Halifax. The Lucy sad Eliz a b et h , from 'nee at Charkftoo The Alexander Hamilton, —, from hence at Cadiz. The Thefetis, Weiring, from hence at Vail. The Commerce, Woodltack, from Africa, at Daneraea, and felling there. FROM LLOYD'S LIST. CIAVI D, JOLT 13A—Paffed by the Sneak SetiontoP,, from Fdlau ; Vrow Harming*, Limofe, from Charente; Courier, John fon, from Rotterdam; Elizabeth, Holftein, from Norway; Men tor, Lamont ; Loyalty, Bayky ; William Manning, Dixon, and The Integrity. Gardner. from St. Kitts ; Nelfon, Main, from NM., Young Elizabeth, Blunt ; Angelina, Turlow, and the JD/tow Ca tharina,Devall, from Embden. AakIVTD.—In the Dovink, Britannia, Todd, firms Plaradll and Cora, Only, from Uporto--At Plymouth. Lively, Smith, from Oporto—At Liverpool, Nimble, Budd. from Oporto...At Cork, Alive, Pidgeon, from Meffina; and Isoftry, Brown, from Loodon—ln the Humber, Mary, Cot, tram Zante; and Bro thers,' Thompfon, from Cephalonia—.oß Aldborough, Jonge juffrow Anna Sophia, from Tooningen; Aid. —; a. chat! and James, —; Peggy, --- • Arid, Brown • Union, Deane; Refoludon, Langley; Traveller, Fentham; Amazon, kitchen; Melly, Read; Martha, Porker I Dart, Werts; Oxen bore, Sharp; Harvey, Atkinfon ; Minn. Crufortb ; Confoia, Cochrane; and WU!, Barber, from the Baltic—At Newfound- Coildtor, Poole, from Dartmouth. Six fall of veffels from the Orkneys for the Balde, which had fe pirated from their convoy, were dptured about the soth init. off the &haw, by a French fcbooner privateer. The Carl Augufta, Weigner, from Liverpool for Tonningen, is on fbore near Dangenefe, and it is feared will be 1011. Lord ARIEL4US BEAUCLERC is appointed to the SATURN : and Captain PATER to the BELLONA, at Portfmouth. Captain G. MIDDLETON is appointed CommifEoner of the Navy at Gibraltar, in the Tonto of Commit fioner Orway, who is removed to M a lta. Captain J. V. LORING is appointed to the THAMES. Captain C. Fuom to the SALSETTI frigate, in the ,Fall Indies. Mr. purism., Secretary to Rear-Admiral Sir ISAAC Comm, is appointed Purfer of the Vaxrant, of 74 guns, at Deptford. Mr. SALTER, of the Secretary's (Admiral MOW. Taco's) offs-e, is appointed Purfer of the PEARL. The following is an extra& of a letter from an Of ficer on hoard the Anson frigate : " in ie. 41. long. Is. 30. Weft, the Malta fleet appeared to be chased by a latge fail from the eaftward, carrying fore-top tnaft nuilding fail.. A'. ten A. M. his Majeity's Chip Anion, of so guns, the c.f....yin ? 'Lip, then a-head of the fleet, taeked.ltood towards th• Orange i al, and made fignal for an enemy; together with an thit the ;(2[170y (heald keep within zoo yards of each other. At Meridian, the -Anfon (poke an American, and Maned that the strange fail (to wiiich the private fignals had been nude without kiog anfwered) was the Gloriofo, a Spanith 84. well manned and ..:•; , iin• r d. T he Anton then (poke the Woodland Cattle, Captain I.:-wellyn, arr.i.lted to carry a pendant, and ordered her to run • -en to thg ward, and mete as many fignals as the could, tch Ole did, with all her colours, table cloths, and napkins), id to bawl them down as loon as anfwered front tl.e Anfon, and ') repeat them frequency; which manoeuvre was to give the aranger an idea of more armed Chips being in the fleet. This an hr-Ted completely its intention, as the 84 gan (hip thereon hawled her wind. The Anion then kep: the whole convoy ender her lee, and for two entire days offered battle to the Gloria..., which the Very cautioutly declined, refuting to bear down, and oa the third day difappaared." On Friday night the WEARS., brig, Captain Pat keßt in attempting to beat through the Needles, with lirnng tide, was driven on (bore on the Shingles, off Lymington, where fhe lay eight hours, in the mot} dangerous fituation. Captain PARKER, the of ficers, and men, exerted every effort to keep her up• right, by fhoring her with her yards and topmaffs, which, providentially, with throwing a few of her Mores overboard, raved her from going down. On ':le rife of the tide, contrary to every expetation, the off, without, at is yet difcovered, receiving any , terial damage. A traorport w;.ich was in con '"7 with her, was alto driven on (bore ; the was • got off, and is preferved, to proceed ou her Toy to the Mediterranean. tdalltilitretbk O/P rink MONEY. The SALVABOII Dttt. Musetto, fnr the capture df the Dutch [hip St. Jagn, June 22, 1803. will b e paid on Tuefday, the 6th ofAuguli, on board the SaLiacioa bat. Muwno, at Plymouth, aed recalled every Tuef day for three years, at Media. Peter Symon's. Son's Widow and Co. No. 5.. Briton-fide. Plymouth. EAST-INDIA SHIPPING. • Ectraft from the Calcutta Gazette of the tyth of January : " Arrived in the river Ganges, on Tuelday, the Portugude Rip ?bereft, Captain Hyppoliter De Souta, ftom Macao, the 6411 De limber, and futtfequently from Malacca. " The fhip James Drummond arrived in the River on Friday lift, from China, !aft from Penang. " On the tpth of December failed from Penang, in company with the Honourable Company's thip the Marquis Wadley, and Pigeon country Rip, bound to Madras; and the Gulava, Daniel, and General Welkfley, bound for Bengal " On the with faw a Brange fall Banding to the Southward, which proved to be the Caroline, from Bengal, bound to Penang. " On the ant the Honourable Company maps Marquis Wel kfley, and Pigeon country fitip, parted company, bound to Ma .lras. On the asth paned company from the Daniel and Gunjava. in lat. t t. 38. N. " The bark Hunter arrived in the river Ganges on the 13th of January, from Bombay." LAW INTELLIGENCE, HIGH COURT OF ADMIRALTY.—.-YenerdPT the Right Hon. Sir W. SCOT? proceeded to the adjudi cation of the following cafes : The Falcon, Atkins maicr.—This veffd under American as lours, with a cargo of wine and various other articles, on a voyage from Bourdcauz to New Orleans, was captured by the private Ildp of war Ponfonity, Matthew Platt commander, and brow* to Liverpool. In this cafe further proof was direded as to the property of the lidp and cargo. page Conrad, pampa malter.--Tbis Vera with a cargo of wine and brandy, in the prokeution of tier voyage, was captured by the private hip of war Lard Melton,— Crowte commander, and brought to Plymouth. Further proof was alto diredted in this cafe, as to the property of the hip, ergo, and den:balm Omnibus, Jamb mafter.-aTMs veffel, under Pathan colours, with a cargo of gin, from Rotterdam to Guernfey, was captured by his Majefty's cutter Entreprenante, Lieutenant R. B. Young commander, and brought to Portfmonth. Ship and cargo son donned as good and bwful prize to the captors. Enoch, Deane mafter.-..This vac!, under American colours, with a cargo of fugar, (ace, and other articles, on a voyage from Bolton to Antwerp, was captured by his Majefty's gun brig BA- Wk, Lieutenant G. Higgs commander, and brought to Dover.— Ship and cargo condemned, on the ground of its being one conti nued voyage from the colony of the enemy to the mother country. Rowena, Potter mater.—This being a &num voyage to the former cafe, was condanned on the fame ground. Zeeloft., Bakker mafter.--Property condemned. Clio, attend& William Pitt—Property reitored on payment of captors cxpenem. Liebe, Brockwoldt nufkero—Soods, Lundberg mafter..-The Lune deates were pronounced in thefe two cafes. Hoffnung, Permian mafter,-.Ship and cargo rcftored. Aquia, Cartho malter.—Partber proof of the property of the Rip, and the cargo reftored. Mac, ~— wafter.--Shlp acrd goods reared with freight, and expences, and the qualm of damages refer►ed. COURT OF KING'S BENCH, JULY 23. • TENNANT V. RUFFIN. The Plaintiff is a fugar•refiner, in Ayliffe-Rreet, Goodman's-fields ; the Defendant is a back-maker, in Nightingale-lane, Wapping. This was an ;talon feeking a recompence in damages for defamation. Mr. Easitins, for the Plaintiff, faid, that his client was obliged to feek juilice from his country, under a ferious charge, which was equally direded againit his credit and his morals. The Defendant had raifed himfelf from low circumftances to affluence, and he ought to have recolleaed the means he himfelf had employed to attain wealth and confideration. So fond was he of the riches he had acquired, that it was his morning boalt that he rofe worth 40,0001. in his pockets. On Wednefday the 27th of March, the Defendant, whir feveral others, were affembled on the occafion of a public Pale, at which Meffra.Keats, Au (tin, Miers, and others, were prelent. At that time, he ufed language injurious to the charader and cre dit of the Plaintiff, if the latter WPC not to isquire the interpofition of the Jury to name to him his good name : they would know how to appreciate the injury he had Curtained, and would fecure to him the redrefs he fought at their hands, Mr. Daniel Attain faid, the Defendant came acrofs the room to him at a tavern to which tome of the bidders had retired after the Pale, and allied if the witnefs had fold goods to the Plaintiff ? The witnefs replied he had not; but Mr. Keats fitting to the left of Mr. Außin, faid he had. The Defendant then obfer red, you had better get your money. Mr. Keats enquiring why ? the Defendant anfwered, he would explain the reafon the next morning, if he, (Mr. Keats) would call upon him In confirmation the Defendant produced a letter which, he faid, was from no lees a man than General Clavering, but he did not expofe the contents. Mr. Keats and Mr. Mien added tome farther par. ticulars. In confequence of this converfation, the cart of the Plaintiff was twice feat back from the warehoufe of the Defendant empty, Mr. Mier: not being willing to truß the Plaintiff with the goods for which he applied. Mr. Y(.ung faid, he had been in partnerthip with the Plaintiff fince the t ath January ; that he met the Defendant, who told him, he (the witnefs), was fup porting a perfon that was unworthy of his confidence. The Defendant added, that he had twenty-two ac tions againd the Plaintiff ; and he fwore he would ruin him. When crofs.examined, the SOLICITOR. GINIRAL Aced, " Do you know if fame wags had been advertifing in the papers for a wife for the De fendant ?" Mr. GAatow.- 0 There would be no end of this poetry." Lard E Lt. a 'Knauss The Defendant might be goaded by forne provocation." Mr. Young—" The Defendant faid, he had pre ferred an indidment againfl the Plaintiff, who had fent a number of handfome women to him on fome fuch errand." Mr. GARROW 44 If you want a little amufement of this kind, k might be fupplied without poetical fiaion. The Defendant is a candidate for the office of Sheriff, and he has chofen the motto to his equi page which the Defendant would do well to regard Do right and fear nought." The SOLICITOR Gansu'. admitted the Defendant had done what he could not legally jufify, but that he role every morning and retired every evening, bleffing GOD that ha was poffefed of forty thoufand pounds, was an afininn no tappostcd w ,chi ayi &tee. Mr. &lbw t a not far preach , what yob now flue." The SOLICITOR GENRIAL returned, that he meant to (late it correaly, and he confidered it as one of the bold Pindaric flights to which his Learned Friend was addiaed, for the purpote of indulging his own inclination, and of attracting the admiration of the obfervers. The fan was, that the Defendant was of a very irritable natur e : f this difpofition the Plain- tiff was well informed, and he knew how to play upon that refponfive inftrument the human heart, from which be could extras difcord or concord, at his pleature. Some tricks were retorted to, in which the Defendant was publicly expofed." Lord ELLsitsoaotiou—" If you do not go into the evidence of thefe, I mull apprife the Jury that they have nothing, to do with the cafe before them." Mr. Young being recalled, and nothing to this ef fea tranfpiring, the Learned Counfel for the Defen dant left the fate of his client to the jullice and mo deration of the Jury. After a few obfervations from the Learned Judge, on the malicious motive effential to the cafe of the Plana, the Jury delivered the verdift, Damagessool. KAYS V. ClOllOll BAILLIZ. _ _ -------. The Plaintiff is an Attorney, in the firm of Win ter, Kaye, and Co. ; the Defendant is a Merchant, formerly in copartnerlhip with Lord Reay and others, Weil India Merchants. This anion was alto for de famation. The Defendant bad printed, or procured to be printed and circulated, a Pamphlet, in 266 quarto pages, including the Appendix, into which was introduced the following letter, addreffed to the Plaintiff (the book was entitled, " George Baillie's Narrative of the Mercantile Tranfaaions of his Houfes") :- 0 gin —It is well known to all my enemies, every thing in your power for yeas pat, has been done to harafs me. Your antipa thy to me originated In my not employing you as a profcikoal man when I commenced barters in typ3, and front my Orin to the exorbitant charges you made to my Mule when the :che quer Loan was granted. You then were and Rill continue to be Solicitor to the Board of Commiffioners for that Loan to the nacr chants trading to Grenada and St. Vincent's, and your fuppofed in fluence induced the unfortunate applicants to give way to your in foleoce and extravagant demands. I, among alters, wu obliged to &bait to this with tandem. The tyranny and vexation to which you have been the means of fubjugating me, at that board, are beyond conception ; and fo inveterate is your rancour what me, that all my enemies fly to you for the moment, in preference to their own men of Winds, what they have any object to liti gate with me." The SoLictecnt Gametal, was fenfible that the Jury were acquainted with the Cemmiffion referred to in the letter juft read. Of that loan, authorifed by Ads of Parliament, 250,0001. was the fum ad. vaned to the houfe of the Defendant, which was to be repaid by inflalments, sth July, 1797 ; ad Oao. ber 1797, and in Augna of the following year. Sub fequelt to the firft Ratute, four Ads were paffed, en larging the time of the Loan to the borrowers.— The Defendant feparated from his other partners, and of this loan of 250,0001. the fum of 50,0001. was affigned exclufively as his !hare. He did not make good one of his indalments, and the Plaintiff wits ordered to proceed againd him. This gentleman, on that occafion, exercifed a degree of lenity which' it was difficult to ezeufe, indeed of pradifing the fe verity that bad been attributed to him in this calum nious publication. The learned Connie!, after Rat ing the delicate and difficult fituation of the Plain tiff,as a public officer under the Commiffioners, three leveret times denominated this Defendant "a mar a,mS, makedeae, and black-blooded libeller." A great number of witneffea were called to repel the charg es in the letter, among whom were— Lord Binning (who fat with the Chief Juaice on the Bench.) He depofed to the humane condua of the Plaintiff, in his profeffional duties under the CommifEoners, and that he never obtruded his opi nion unlefs it was required . Mr. Ebenezer Maitland depofed to the fame effed. Mr. Simeon was prevented attending by the frac- ture of his leg. Two Millers in Chancery were prefent, to depofe to the chat ges of the Plaintiff, which were Rated to be exorbitant, but their affiflance was not required. Mr. Lowten being defired by Mr. Easels& to give his teaimony as to that particular, he depofed to the reafonablenefs of the charges t as did alto Mr. White, Solicitor to the Treafury, and others. Lord assasoaouou remarked on the interroga tories to Mr. Lowten, that the officers on duty in Court ought nut to be expeded to give evidence, un lefs in tome extraordinary elites. After a long addrefs from Mr. JIIICYLL for the Defendant, feveral witneffes were called to fubaan date the allegations in the letter. The SOLICITOR GSNIR•L I in repl, commented much in detail on the tetlimony for t he Defendant. The damages, he laid, were only laid at wool. he, it was true, advifed the Plaintiff to demand 60001. but his client, in the true fpirit of honourable fenti , runt, had Paid, he would rather Rate his claim at toool. and obtain the whole he raked from the Jury, than require 0,0001. and receive nine from the verdid. Lord ELLENHOR.O4IGH fummed up the evidence, and Paid, the defence was yet a lefts unqualified libel than the letter on which the adion was founded, and after a few minutes deliberation, the Jury gave their verdid, damages wool. COURT OF COMMON PLEAS, JULY SCR BIRCH B. JOIRPH. This was an anion brought to recover 7631. the amount of a Bill** Exchange, drawn by a Mr. Macs, in favour of the Plaintiff, and accepted by the Defendant. Serjeant Btsr Rated the cafe on the part of the Plaintiff, and obfervsd, that as it was a f;mple anion againft the acceptor of a bill of exchange, he bad no thins more to do on his part than to prove the hand. writing of the Defendant, and then he was convinced there mutt be an end of the caufe ; though he mutt acknowledge. if the Jury were to confider the impor tant looks of his Learned Brothers at the opp , fite fide, as evi-lcnce, the Defendant might be Paid to have the belt of the cafe ; but as this was not gene rally allowed, he did not conceive he was alerting :too much, when he raid it was impofiible but the verdiet mutt be his. The hand writing of the Defendant to the bill in queltion was then proved, alfo a letter of his to the Plaintiff's Attornics, in which he fisted be was de fired not to pay it, bat did not abfolutely fay it was a forgery. Serjeant Sri minis, on the pert Of the Defendant, then addrelred the !Jury, and Paid, however confi dent his Learned Brother at the oppofite fide might l hd Of obtaibinge 'Octant in th i s eante, ire *is tn*: viOced he mull be difappointed, as he would in able to prove, by feveral of the molt refneetable men in the City, men who had dealings with the Defendant to a very great amount, in th e c ot i r t e o f t h e year; that Mr. J - afeph's name on this bill, as an accept ance, was not his hand w r itin g . nor an y t hi ng lik e i t. dr. Wiggan, a goldfmith in Cheapfide, denoted. that he had for a confiderable time back abed is banker to the Defendant, and that he generally paid away alrint 30,0001. in the condi of the year for him. The bill was then produced to bim, and he rigid be was convinced the Defendant's name was a forgery. On crofs-examination, he acknowledged its the fairett manner, that fame of the characters were like the Defendant's ; but they all appeared andied, and a much Sifter, crainper hand than Mr. Joreph generally wrote. Several other witneftes were called, who all denot ed, that it was not the hand writing of the Defen dant, nor any thing like it. A number of letters of the Defendant's were then produced, with the con tent of both parties, by Mr. Wiggins. The Defendant's cafe being claTed-wi Serjeant &sr replied, in the courfe of whitli he raid he was ready to acknowledge that Mr. Wiggan had Paid, that the writing of this name was ftudiedo and he thought it very eafy for a man, when ac cepting a bill, to Itiffen his hand a little, tar the purnote of afterwards (cling up a defence, that it was a forgery t and getting refpeiftable men, who are acquainted with his general mode of writing, to come forward and Rate what they really think, namely, that it is not exactly fimilar to what be nap ally writes. Sir JAMES MANSFIELD obferved on the evidence ; and the Jury, after examining and comparing the different bills and letters produced, pronounced a verditi for the Plaintiff—a fet of being allowed, da mages 4621. SOLLIVIS 4. VIPAIMIAII. The Plaintiff, a foreign merchant, refiding its as City, brought an aSion againll the proprietor of a Ilage waggon at Litchfield, to recover to4l. the va lue of two trunks, which mifcarried in the convey. ance to London. The trunks belonged to general Logics, a French officer of diflinflion, who came to England as a prifoner of war ; they contained French military uniforms of the moll fuperb defcription, or namented with abundance of gold lace. which, with a capital double barrelled gun, were valued at the above fum. When the trunks were left at the De fendant's warehoufe, the necefrary elpence was paid for booking, and they were dirated to the Plaintiff id London, but, by tome accident, did not arrive at the place of deflination. After the fa6ts of the cafe had been proved. Sir JANIS MAN, ILD was of opi nion the aElion fho❑ld have been brought in the llama of Logies, and that Selliers. to whom the property was confined, had not fufficient claim to it to luflain the aflion. The Plaintiff was therefore noofuited. JULY 22. FAUL22III AND OTHS2II, ASSIGNLES, 9. DANI 24. This was an action brought by the Plaintiffs, as Affignses of Somnets, Riffon, and Co. to recover 12241 the amount of two bills obtained by the De. fendant from the Bankrupts, fubfequent to their com mitting an ait of bankruptcy. Mr. Leo, who had formerly been a clerk ih the Bankrupt's houfe, proved the hand-writing of Ric fon, in a letter written from Pofen, in Welt Prnilia, in which be Rated the neceffity there was for his • Ropping payment. The witnefs further Rated, that he had been desired by the Defendant to make rate. rations in the bankrupt's books, which be according. ly did, conceiving it would be for the benefit of his principals. Mr. Cartwright raid he was a creditor, but had figned a releale. He was preterit at a meeting of the bankrupt's creditors, in January 18oa ; the De fendant was then prefent ; and, in his opinion, gave the creditors to underßand, that he had as much Ia his hand:, of the bankrupt's property, as would- pay them five !linings in the pound, and he then pros duced an account, from which it apptared, that Ise had two bills, one for 8001. and another for 4241. drawn on Blair, Boyce, and Co. and not then due, Serjeant BUST, on the part of the Defendant. then took two objections; firit, that the aft of bankruptcy of Somnets and Riffon was not then proved ; and, fecondly, that there had been no proof of who the perfons were, who, in January, 18oz. were partners in the houfe of Blair, Boyce, and Co. Several witneffes were then called on the part of the Plaintiff, to do away there objections, bin they all &dal in the proof of the firft ; and one of the witneffes Rated, that a Mr. Parkins was a partner in the houfe at that time ; but it appearing on the face of the bills, that they were figned by Mr. Parkins, P. P. (or pet Procurator). frit. Blair, Boyce, and Co., the Plaintiffs were nonfuited, as this was a dire t proof that Parkins was not a partner. PAGE V. THOMPSON. This was an aeion brought again(! the Defendant, as one of the underwriters, on a policy of infurance, for the fhip called the John Edward, to recover par ticular average, for the lots of corn, damaged by the vet Tel handing in her voyage from Ancram, on the river Oder, td London. It appeared, from the proteit of the Captain, which was by content allowed to be read as evi dence, that the (hip left the port of Stettin, which is higher up on the river Oder, having firlt taken in part of her cargo, in the beginning of September Taft, and on the 16th arrived at Ancram, where the took in the reft of her cargo,•and proceeded to wards England, on the day following. In the month of November, the arrived on the coaft or England, and experienced very bad weather off Sheernefs.— The vefiel ran aground on the Not th rand hank, and remained there fur rix or feven lionrs ' in the greategreate r? danger of being broken to piece s , by beating againft the land. At length, by the exertions of the crew, and fume atliltance they received, the veifel was again gut afloat; but loon after, again ran aground, hay mg the firit time unthipped hex rudder. She was at length fer to rights, and a fhort time after made the pert of London ; but, on breaking bulk, it was found that her cargo was quite wet all through. The general average for the damage of the Chip had been paid by the underwriters; but it was agreed, that it thould be referred to a Jury, whether they ought to pay the particular average fur the lofs of the cargo. The Jury being fatisfied, as to the fad fel's being (blinded, gave a verdiet for the average lofs to be fettled by one of Fad of theief- r the Plaintiff, the Jury.