Star. — London, England, 1803-11-12 00:00:00

NAUTICAL INTELLIGENCE. PENZANCE, NOT. 21.-JO(' ( * Ailed the Chute Ma. fee, for Jerfey (prize to the Hope, of that ifland) alfo Vine, CLARKE, from Bravis, in \Vales, with cop. per, for London ; the Hopewell, CLARKE, from Brif tol to Falmouth, with groceries ; the Mary, of and for Poole, from Labradore, with fills and oil ; the Young Peggy, of Jerky, for Briltol. The NIMROD !loop of war, Capt. O'NEAL ; and the RESOLUTION cutter, failed on a croize. FALMOUTH, Nov. 9.—Arrived the Parvcr OF WALES packer, TODD, with the mail from Lifbon, after a paffage of eight days : fhe left there his Ma jell y's brig GANNET, of 16 guns, Captain BAss, which with the AUCKLAND packet, with the mails of the 11th and 18th ult. had arrived out a few hours before She PRINCE OF WALFS left the Tagus : the GANNET was expelled to fail for England with difpatches in the courfe of two or three days. His Majefty's (hip FIsGARD, of 38 guns, Captain Lord MARK KERR, is cruizing between Cape Finifterre and the Rock of Lifbon : no French privateers had for Come time been heard of on the coaft. By letters received frdm bon, we learn, that a dreadful mortality prevails at Malaga, where from 3o to 4operfons are dying daily. Sailed this evening the SCAFLOWER brig, of 16 guns, with convoy for the Downs, confining of the ibip Venerable, Capt. ANces ; Royal Charlotte, INOLIS; Suffolk, SNOW; Pendower, MOLLARD ; and Four Friends, HosKING, for London. Sailed alto the American (hips Alexander, WESTON, for Cowes; brig Mary, DON, for London ; ship Hantonia, ROLLINS ; and Sally, WALTER, both for Dunkirk; Spanifh fbila Bilbayana, CORRELL, for London. The TOWNSHEND packet, with two Mails, for Lifbon; LEICESrat, with Mails, for Jamaica ; and MAKLIKo', with Mails, for New York, are detained by contrary winds. PLYMOUTH, Nov. to.—Came in the Danifls (hip triendlhip, Captain Parsimsom, from Barcelona, la den with wine, for the navy. Sailed the RENARD, of 18 guns, with a fleet tinder convoy to the Eait. ward. Caine from Hamoaze to Cawfand Bay his Majefly's fhip Footmen -ANT, of 84 guns, Rear Ad miral Decass.—Came in 'from the eaftward, with men for the fleet, the RENOWN and AcTint cntters ; the latter captured between Exmouth and Torbay, on her ;mirage, a Smuggling Lugger, with fpirits and tobacco.—Arrived the Ann, SAWS, with flour ; and Falmouth, &MUTT, with wheat and flour. , This morning the Right Hon. Lady C. DURHAM paired through this town in her carriage with four' honks for Dock, to meet Capt. Dtra AM, juft arrived in the DErreace, of 74 guns, to refit. Captain J. MURRAY has commillloned la Faomeamos, of 44 guns, in Hamoaze; and Capt. DASHWOOD is to have la BENHAVTE, of 24 guns, 3a.pouaders, now in dock repairing in Hamoaze. Intelligente has been received here, . that the French have been equipping in a long quick way in the inner road and harbour of Breit, so fail of the line, many of which are nearly ready for tea; and they boaft at Breit, that the fquadron in the outer road is a kind of tub to the whale, to amufe the Eng gliat thefe fhips are moftly manned with confcript Icemen and landfmen, and there cannot be a doubt but the fyftem obferved in all the French papers, re fpefting Brea, portends fome great plan which the French have had in view fome months pall. A dafh at the Weftern ports is now confidently talk• ed of, and it is fuppofed this port and arfenal is the objeft. It ware to be withed they would at tempt it. We are fully prepared to receive them .with a completed afThrtment of troops of all deferip- Cons, in a high Rate of difeipline and order, and ready to meet the foe. The fortifications arc fully repaired, and well covered with cannon, mortars, and howitzers, to falote them with a heavy difcharge of grape, round, chain, and cannifter (but. The pri• rate fignals lately ufcd in the fleet are to be altered, and expreffes with the altered code will be fent to all our fquadrons abroad from this port, as Coon as ready lor that purport. PORTSMOUTH, Nov. t T.—The Alec() of 44, and GoLt an, man of war, have made a fignal of convoy for the Mediterranean ; and the Zama bomb, for the eaftward. Arrived the Rairosto, of so guns, Capt. Carricarr ; and the Sperm armed brig, Lieu tenant TomLorsoa, from Guernfey. Remain at St. Helen's the Wisasoa CASTLE. of 98 guns, Capt. Bums ; DIANA frigate, Capt. MaLma ; and the SorH,A sloop of war, Capt. Rosiwristosa. The Vs. acs, of 32 guns, Capt. Marsos, lately returned from the Weft Indies, is ordered to be paid off, and her rims turned over to the Couteacraux, of 74 gulp, Capt. T. BuRTIII. Doves, Nov. t t.—lt has blown fo hard for there two days paft, that we are without any news. Several large calks, fuppofed to be hogibeads,have been feen floating on the water by onr boats.—Report lays, that an expedition of to gun-brigs, a frigates, and a bomb veffels, are to fail from the Downs as loon as the weather moderates. DIAL, Nov. t t.—Arrived and failed for Stangate Creel, feveral 'alas from the Weilward, but cannot learn their names. The vet Tel that was unfortunately if on the Goodwin Sands, turns out to have been t!.e Jirffrow Julia, BeENDT, belonging to Lubec, and I..tt from Liverpool, with malioganr, coffee, fugar, and fpices. The Captain and three men were drowned. The tett of the crew were fated by the Ramfgate boats, who, notwithaanding the great danger to which they were expofed, ventured nut to their prodigious number of kegs of gin, fuppofed to be part of the cargo of fome fmuggler, upfet in the night, have been picked up this morning. RAMSGATE, Nov. to.—The Mary, an American brig, from New Ycrk, with tobacco, and a Spandh 114, from Bilboa, laden with wool, both bound to London, having received fome damage in a gale of wind, came into the harbour this morning to refit. YARMOUTH, Nov. ti.—Arrived l'Aratcaitte fri gate, Vesuvius bomb, CENSOR, and CRUISER gun brigs.—Sailed the HOUND armed (hip, with a fleet of merchantmen for the Eaft Country.—The (hips of war in there roads are, the Rosy, Admiral RossEL ; GELTICHEID, Admiral THORNBOROUGH ; ANrELOPE, Commodore Sir SYDNEY SMITH ; FENELOPA, and l'ArßlcAsws frigates ; BEAVER, ADDER, and CUR LEW, (loops; VESUVIUS bomb, CENSOR, FERRITTER, Cautzsa, and Viaste, gun brigs; HAwKE, and RE PULSE cutters. FROM LLOYD'S LIST. ten, Nov. s t.—Paffed by the Logan, M'Connell, front Brlfaß, and Two Sifters, —,froin Bourdeauz.—Sailed the Ceres, Richards, for Dublin; Charles, Pebble, for Senegil; Iris, Sruidt, Jonge Melts, De Jonge, and Catherine Dorothea, —, for Ton ningen ; Geute Spcculante, Hempen, for Stettin; Morgenftern, Mars. for Dantsick ; Jonge Duff ..00n, Frederica ; Dorothea, Pc ten; and Dde Gebroders, Lutch, for Ernbden. ARRIVED. At Oporto, George, Carman ; Dolphin, Tayler; and Defiance, Nichols. from London ; Jupiter, Ewing', from Ponfmouth ; Ro bert and Elizabeth, Cargey; Ann. Green; and Commerce, Bur don, from Liverpool; Ann, Bibbins, from Plymurth ; Wake- field, Bruce; and Hope, Lee, from Hull; Edward, Carey, from Philadelphia; Ceres, Middleton; and Atlas, 'addle, from New caftle. At Plymouth, Eliza. Evans, from Virginia; Brothers, Thompfon, from Malaga; Venus, Biblims, from Tencriffe; Su• fannah, Hewitt, from Virginia; Good ...Mosher, Lawfon, from Oporto; and Jorge Hendrick, Beng, Rom Barcelona. At Fal mouth, Robert, —, from Baltimore. At Southampton. Geode Habbe, —, from Bilboa. At Briltol, Perfeverance, Canalla , from Lifbon; and Britannia, Tucker, from Petertburgh. At Hull,' Dafhwood. Baldwin, from Archangel. Off Shields, Three Sifters, ' Smith, from Lubec. Off Scarborough, Marquis of Landfdown, Atkinfou, from Perri:burgh. At Whitby, Symmetry, Role, from Narva. At Lilbon, Sportfman, Stanton ; queen, Bebell ; Albion, Gammon; and Young William, Young, from London; Concerto, —; from Cork; Otteen of Naples, Mary, Spavin; Fanny, Williams; and liiancy, Wellfwood, from Liverpool; Fame, Killack, from Clyde; Brothers, Broon ; Hope, Hodge; and Gratitude, Scott, from Hull. At Jamaica, Netbit, Wood; Bri tannia, Service; Duckworth, Wake; Indefatigable, Weir; Ca therine, Ferriman; and Britannia, Leavey, from London ; Han nah, Davis, from Liverpool; Crekent, Cowan ; Blanchard, Cor nifh ; and Fanny, Irwin, from Africa. At Charlefton, John, Pratt, from Liverpool; and Minerva, Ladder, from Clyde. At Baltimore, John, Buclincll, from Africa. At Barcelona, Specu lation, from London. At Cowes. Concord, Mafon, from Cadiz; and Abeona, Hebfon, from Alexandria. At Mootrofe, Atlas, Gibfoo, from Ri, a. Arrived at Gibraltar from the sath of September to the i4th of Oaober. The Amedcan Rep Terp&bore, P. Maki, 33 days from Bal timore, with coffee, fugar, Sour, Ace. for Lqborn.—The Ameri can lip Pisani:, J. Patalcat, eight days from Malaga, with wine, gm, loop. and oil, for St. Thomas.-. The American brig Hefter, John Allen, two days from Malaga, with wine, fruit, for Salem. -.The American brig Celia, E. Bowm, one day front Malaga, with fruit and wine, for Alexandria The American (hip Friend lip, B. Goodrich, one day from Malaga, with wine and fruit, for New York.-.-The Emilie' !hip Carolina, B. Leprc, re days from Malta, with doe and tobacco, for Gibraltar.—The Englidi brig Jenny, W. Seism two days from Malaga, with fruit, for London. The Ingdfli brig Succers. Thomas Warwick, two days from Malaga, in ham& far Gibraltar. —The Belli& brig Zapher, T. 'raker, 24 days from Cork, with porter. ale, bottles, Ate. for Gibraltar.—Tits &gni [chorea Flying Pia, W. Teaslinfon, 24 i gloo from Cork, with butter, bums, candles, (pap and porter, for Offiraltar—The American lip Monforis. D. Nkhollon, two days from Malaga, with fruit and wine, (=London. Tbe Ame rican Alp Bulab, S. Gardner, 40 dip from Bolton, with fugar, coffee, balegoods, (or Leghorn.—The American gip Union. G. Nudges, (even days from Barcelona, with brandy, for New York. ...The American lip Treat, N. Klnfman, 44 days from Salem, with tobacco, lepr, Sour, and dry goods, for Gibraltar —The American brig Bedey, N. Grant, ose day from Malaga, with fruit, for Leith....--The American [chooser twigs, W. Hedges, 14 days from Madeira, with wine, for Gibraltar.—The American brig Fame, W. Drummond, 38 days from Norfolk, with flour,for a market—The American brig Samuel, S. Evans, 3s days from Philadelphia, with Sour and Bawer, for Malaga.—The Swedia • brig Two Si,,ther John Bowfin, form days from Abeam, with lilt, for Udavala.—The Ottoman polacre David, N. Alexandre, so days from Idra, with wheat, for Lilbon. Seat in for examinadoe —The Pruillan dagger Anna Maria, Albert Keber, five days from Cadiz, with fait, for Amaerdam, by his Majelly's Gap Dormegsl. The Anna, Peacock, from New York to Jamaica, is calm, and carried into Cuba. The coop Loyalty, Williams, from Liverpool to Plymouth, was loft at Scilly the i ft inftant. La Sada, —, from Aux Cayes to France. Is taken by the Therms nun of war, and carried into Jamaica. The Mary, Doan, from Virginia, h pot into Ramfgate, with much damage, and wili be obliged to united. The Elise. Rofe, from Nerve, is on ibor. best Tetney Lock ; the cargo will be favecl,but the (hip, it i• feared, will not be got air The Pilgrim, Ckidwick, from Bourdimux, bound to New Or leans, is captured by his Migekos Ship Cumberland. and fait Into JIMILICL The Lady Hobart, Boykarats Liverpool for Afrien.la on bore on Hoyle Bank, and !WI of water. The Alexandria, from Virginia. arrived at Portinsouth fpobe, about fourteen days ago, the Naiad frigate, all well ; and feet days after, (poke the Argo, of 44 gent is he. 0. hag. 7. fell in with a Deep of war with a convoy, bused to Halifax, all well. The Bridal brig Anna, Peacock, from New York to Martha Brae, was taken on IR September, sy leagues from Poet Antonio, by the Swallow French (Mower privateer, of one long nine poun der and two Saes, aad about so men, end carried into St. Jag. de Cuba. Intelligence has been received that there are at Batavia three (hips of the line. four frigates, and three (loops of war, viz.—Two of 64, one of 74, one of 44, two of ao, one of 3z, one of ao, and two of tit. all of which are completely blocked up by an Eag• lid fquadron. The Comersof gun brig, with a fleet from Hull, bound to the Baltic, failed from Hull on the 7th infant. A letter from an Officer on board the Vic?oat, dated Toulon, the 25th of Augull, Rates. that a de- tachment from Lord NELSON'S fleet was in readinefs to make an attack upon feveral French (hips of war, lying under the batteries of MsrfeiHe,. and no doubt was entertained of its fuccefs. On Thurfday a Court of Direetors was held at the Ealk India Houfe, when Capts. CHAIM'S Jonas. and Banco hisycast, were (worn into the command of the DAVID SCOTT, and Ma aoyi s W LLLLLL BY. The Court adjourned at five o'clock, till Wedncfday nest. The Loan !thaws, from London to Peteribargb, which was reported to have foundered. has been picked up at fca, without any perfon on board, hay. l ing three feet water in her bold. by the Better and 81.14U8 9 PATTI/40S, and is arrived at Windaw. INTELLIGENCE. COURT OP BENCH, NOV. The principal part Of the day WAS occupied in Special Pleadings. Among the moll remarkable was an aftion of trover.. Mr. GILES, Counfel for the Plaintiff, Rated that MeGs. Brown and Co. of Rotterdam. had configned to Medi& Odie and Co. of London, a quantity of goods, accompanied by a bill of lading surinderfid, and a letter, inclofing a bill of exchange for the amount, for their acceptance. This bill of exchange Odic and Co. although they took the goods into their poffeffion, refilled to accept, and Brown and Co. then indurfed a fimilar bill of lading to the Plain. tiffs, to enable them to recover the goods. Odie and Co. failed, and a few days previous to their bank ruptcy -sniped over the goods to the Defendant, in payment of an antecedesa debt. This, the learned Connie' contended, was an inept affignment. There being no indorfement upon the bill of lading, Odie and Co. could have no right to infift for the goods being delivered to them, and even after delivery, not having complied with the condition upon which alone they were entitled to take poffeffion of them, were bound to reflore them to Brown and Co. who had never difpoireffed themfelves of the goods by execut ing an indorfement in their favour. Mr. MAltsior, for the Defendant, maintained that the prefent Plaintiffs had no right in the property. and were therefore not entitled to bring an aaion in their own names for recovery of it. They could only be confidered in the light of an attorney's clerk de manding. payment of a debt, not having given value for the indorfement. Suppofing, however, for ar gument's fake, that Brown and Co. were the Plain tiffs, they mutt fail in their demand. Brown and Co. purchafed the goods merely as agents for Odie and Co. On the lath February they were (hipped on account of Meail. Odie and Co. On the zsith of the fame month they arrived and were delivered up to the perfons on whole account they had been 'hip ped. No indorfement of the bill of lading was ne ceffary to give Odie and Co. right to the goods.— They had been purchafed and fhipped on their ac count. What then was the right which Brown and Co. ever had in them ? Simply, detention before deli very. If a demand had been made upon the Cap tain, and the goods had thus been intercepted before delivery, Brown and Co. would have re-acquired this right,but no fuch claim could exit after thegoods had been delivered and warehoufed. Odie and Co. were at the fole Wk. in cafe any accident bad happened, the goods having been (hipped on their account. — There was no condition in the letter, as had been Rated. Brown and Co. fimply fisted that they had (hipped the goods on account of Odie, and hoped the bill would be honoured. Mr. GILILI, in reply, contended, that if the learn ed Counfel once allowed Brown and Co.'s right to flop the goods iss tralfitu, as be had clearly done. he allowed an antecedent right to have exited in them, of which it was obvious they had never legally dif poffeffed themfelves. No agent had a right to (top is tranfirx the property of his employer. The Court were of opinion, that if it were necef fary in this cafe, to determine the right of the plain tiffs to profecute the prefent fait, they muft decide it in the negative ; that, however, was unneceffary. , Neither was it for them at prefent to determine how fat an adion might not lie againft the Captain, who could not have been compelled to give up the goods to Odie and Co. without an indorfement on the bill of lading. /Ulna' delivery, however, having been made, as between vender and vendee, in the hands of the perfon for whom the goods were purchafed, and on whole account they were (hipped, and the goods not having been Ropt ix traxfitx, they thus be came the property of Odie and Co. by whom having been transferred to the defendant, no Killion could lie for recovery of them.—Verdia for the Defendant confirmed. PAINS V. DREW, 13(4 This was a fpecial cafe for the deciftea of the Court of King's Bench. Mr. Cassius, whoopened the cafe on the part ofthe plaintiff, fisted, that this was a demand made againft the Sheriff for making a falfe return, by returning is walla kw." A writ had been direaed to the She riff to levy a turn of money on the goods and chattels of Charles Stun, Efq. When the Sheriff went there, he was told by Mr. Sturt that thefe goods were not his, but were under a writ of fequefkration, which had been toed out of the Court of Chancery againft his goods for socsol. The Sheriff, on receiv ing this information, did not levy, and returned Rolla lona. Although the fequeftration iffued fo early as the year I Soo, in the month of June, sito3, the par ty had taken no Reps to carry it into execution. As far as refpeaed thefe goods, it was merely a pocket fequeftration, as the plaintiff in equity infrared Mr. Sturt to remain in poffeffion of them. This prbeefs of the Court of Chancery appeared to have been long ofed to enforce an appearance, or to enforce the per formance of a decree. From Chancery Cafes, page g I, it appeared this writ iffued as early as the reign of James I. It was 3 perfonal procefs, and abated by the death of the party againft whom It iffued. Mr. Janice Ls Bcsic—.-64 You mean in the cafe of rattly proeo 1 1 " Mr. CA cited t Vernon, 511, 3 Atkins 594• 3 P. Williams 621, and t Vex. Ba 2. It was not de nied by Mr. Gately, that the writ of fequeftration, if it had been duly carried into execution, would have been a bar to the execution of the writ/ere !miss. — But if fuck a writ might be kept for any indefinite point, it would prevent every difpation of property that could be made in the mean time. It would be almoll a total flop to the courfe of Office in every other proceeding. Lord Ecceasoitouon (aid, they might apply to the Court of Chancery to yet Ade the writ of fequef tration, if its procefs was abided. Mr. Casstcts Paid, the queflion was, whether the Court would drive a plaintiff, who was proceeding regularly at law, into a Court of Equity ? Mr. Juflice Gams allied what the Sheriff could do! This was an aaion again& the Sheriff. Mr. Cassis', contended, the Sheriff might to have come to that Court and flared his difficulty. But hand of that, he had takes upon himfelf to att, and bad thereby pot hisufelf in the litoation of a defen dant. If he had found hinsfdf under difficulties, he might have faatiaosed a Jury. If d►e frqoeltrators had dope their duty, if tbey bad taken paean of the goods tinder the writ, and if the money had ' • paid for w!licil ;he iiritd, then It w.. 1 have ani - ivci,:d the pupate fai %shit!, it was gran: -: But his oll;eflion was. that it had never been put i., force. Tiiere was merely an or ter to pat it in eire• cution. Toe Court could pay very little iefp:Et to a pocket fequellration. The COURT here fuggeled the propriety of hav ing fubmitted this cafe to a Jury, to confider whether it was not fraudulent ; and thought there was no doubt that there was fraud in fume of the parties ; but the queflion was. whether the Sheriff was a par ty to the fraud. Lord Ettsissoitouott thought it &mild have gone to the Jury Mr. ba‘mritss argued the cafe on the part of the Defendant, and obferved, that the goods being in the polfellion of Mr. Stunt, was not incontinent with the intereft, or the hen, if he might ufe the expref lion, which the fequearators had in them. Though the Sheriff had feized, he bad abandoned, and there. fore he was not attached. The Court of Chancery confidered the fequeßration as of fore% The learned Counfel obferved, there were fume goods that could not be taken in execution, as goods pledged, goods demifed, and goods diflrained. See I Burr. 20. Y. Williams, 307. t Vez. 183. Mr. J. LA VIR ENCF laid, if the Sheriff had come to the Court and Rated his (Monty, they might have given him time to make his ret•trn. Bat if he did take upon himfelf to aft, he muft Rand or fall by what he had done. Mr. DAMrIERI obferved, that on the one fide the Sheriff was threaterwd to be fent to gaol for a con tempt to the Court of Chancery, if he paid no re gard to the Writ of Sequeftration, and levied under the Fisri Facia; and on the other hand, with the payment of the debt and coils, if he abandoned the execution ; there was very little in the books con cerning the effeft of a fequeftration. Lord ELLEN BOIOUG wi(hed the proceedings of the Court of Equity had been more looked into. If the Court of Chancery would have confidered this as a contempt, the Sheriff, by returning no goods, was not guilty of a falfe return ; that had not been made fo much the fubjeft of confederation. blow the Court was driven to enter into that point : for, Paid his Lordfhip, we are fitting here to decide, whether the Court of Chancery would confider it as a contempt. His Lordthip alked, if they had been able to find any cafe, where a qui:Rion had arifen between a fe quefiration and an execution—where there had been a conflia between thefe two ? The Gentlemen at the Bar replied, they did not know any fuch cafe. Lord ELLllNsoitouc ic—id As this is a quellios that involves the pradice of the Court of Chancery, we rather with tp take time to look into the pradice of that Court, as that is the point to which the qud. tion is now reduced.. If the Sheriff would have betlk gpilty of a contempt to that Court, there is so diaslit he was right in not executing the/mei fiNiass CILIIIINAL IMFORMATIOIII. • Mr. Eestina moved for a Rule to thew caore why; a criminal information fhould not be filed. againli, Richard DaLet i who refided in the parith dilemm a in Surrey, and had acquired confiderable property; but his manners did not liens to have kept pace with, his profperity, for be had committed -an ounce againft the 4w. for the purport of driving Mr. Heads on whore behalf be moved, out of the parilli, by having exhibited kiln in effigy. Lf be had attended to the manner in which that Court - had treated the laft cafe of that defcription, he woad have foss this offence led direaly to the. pillory. It was 'stab bable the pillory was frequently thrown away tio - 'perfons who were infenfible to the difgrace of it, h the learned Counfel thought that would not be the cafe with this Defendant. Mr. Head was a man aie property, and bad retired from bu6nefs. R. Dalian wilhed it to be believed that Mr. Head had a crimi nal intercourfe with his boufekeeper, and had exhibi. ted them both in effigy in a manner which decency forbids us to defcribe. The learned Coastal alto included in his application Matthew Dailey u be ing concerned in this tranfalion. Lord Es.Lannottotrian" Take a Role to thew caufe." NOVENIII 9. TNt BIND OS TNt tROSSCIITIOS Of silo AGAINST seerm. Mr. Serjeant Batton moved for a -Rl'lg to Row mule why a new trial &odd not be had in this cafe. It was an indiBment for perjury 'Hedged to have been committed by the Defendant. in an anfwer. which he pot in to a Bill filed againli him 11 , the; Profecntor. denying the payment of a fum of eighty &seas, which the Profecutor (wore he had paid eo the Defendant on a day Rated. The indiameot was tried before the Cuter BARON of the Ezcseqyas at the lag Mtn for the county of Cambridge, w hen the Defendant was found guilty. The grounds of this Motion were two—Firft, that the Profecutor was not a competent Witoe4, becaufs he came, by Ida evidence. to difoharge himfelf from this fnm of mo. ney. which be &odd acmmplillt by convi&ing the Defendant. and if be was incompetent his wife was fo of cootie.. and they were the only Witnefes who !wore any thing material to fupport the Profectuins. And this doarine he fupported by a cafe 'in Mr. Peake's Nth Prim, page ta. the hang v. Dalway— Secondli. that even fuwofing the Profecotor and Wife to be competent Witoctres in this cafe. then !he Verdi& ought to be (et afide, becanfe it was againft evidence, and again& the diniftion of the Learned judge before whom it was trial. The Cotirt granted a Role to [hew Gore : TheDefeadant who was necef. foxily recent at the time of making this Motion, had Bail to offer for his appearance when called upon, himfelf in sod. and two Safeties in asol. each. The Court anted Mr. Cacaos Watson, who was of Counfel for the Profecution, whether be coofented that the Defendant Gould go at large upon filch Re cognizance ?—for that by his content. he might, but without content the Court bad no power to (Ufa him to go at large. but he Rea be committed to the Prifon of the Contr. Mr. Wizson Paid he had no other objeftion, than that be had no inftruttious upon the fubjea. The Court Paid they could not let the Defendant go at large without an camel's confect on the part a the Profecution. Upon which Ur. WIL6OII molt handfontely faid e he would venture to take upon hintfelf to confetti without tottration—upas which the Defesdaat Was laberAted. II I here )f the where I Re. jelled ailed, fora). talion bc re• r the in the )e and 'rance power ill the be caufe it has fai of ad his )fpital ) falute He him to lament,