The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-19 00:00:00

• OrhICA. :Ling of the Genthunen it:- concerns, will be held this ement will he made for the it and fashior able place of ,dame Car A LIISI II cartaisly ame G a t , Ofill I is net arrived. any arrangement with Mrs. port of the opening of tile list, therefore, he premstari. is charged with demanding tile her friend; say. she " t sill being," and If Me43arne .e money to the ticainry than sliciald be rewarded =Ord - - • 10ELEY HOUNI)S. - nds were turned out en Wed- Pound, and had capital sport. unkenneHed a Fox, and raw half with only one check.— inet burst.—lt wan downright ,on. they found a second' Foe, cellent run ; but the darkness t him for the amusement of Wrkeley Hounds meet this dag ere a capital run is certain. 'wager of Essex will rewires to m Isar seat near Richmond. and yship w.ll leave town, on a visit Marchioness of %ALISSUIY, at Christmas 14. , lidays. '..: a stoical. - left teen, on ?burs- Windsor. Cul in. CS SONISSILT arrived sa ft om" Brighton. T is performing on the Muskat Assembly Rooms, to crowded Viseatitssa end Ossoey, and , honoured Deur plane Theatre, it presence, to see the new wa nd with increased success. The foliuwed, and is as attradtive ae , Bsotpaw will give a moss e tsth or Jimmy, at ben hosts*. p Iday-Catr: . „ k:Gssas is 7 sis a Isimis,to bet mos- • _mos • a t . irsipinasty. , . •.. • • It:. ll4l6*."4lllatala esPal"l" - . F 44.11011 Q. iy *tr.- oi Itleawrost will give ' fIY nest. to His Royal H' me, and a large patty of oil. • GLisgow Canal Volunteer In to •last, pmeited Huor 11/4111, menden% with two elegant silver • . ed Iv, MD imp an aimed IltidttAnaMtkL..nrri is pin pahormin. if dews Hon. Mum bibid bp. titigiglatsso, who , . f -Waistcoats:sin returned from If pet . last evening , sad gave a = r ip 4 imia lil "saws, GI Lossoonnilant bra eaten sii coon...pare, lately occupiedbj re! o is gone to Seth. id Countess of Esse: left town, yew. ibiobury Path. ley Lady Henson arrived, yetsterday, n S e ymour-place, frost Mittel. The a irired, on Thursday, koan York. __ - Beier. the Arehlte&;wiassiiprofee. the Royal Academy have lately am a gold medal, is. i.we unclad/sad, tholf • goes* Club gave• rend tower, , Tavern. yestotday , to tits Pea swiss% a, Coons Or sew ay ass. aotll avast • persons of distinftten. of mows. who has susceedeu in rem. arse estates front Lord Tv savor, is e Ilarchiemess of Agrees.% Ladies E. MOMR. J AIM LOTTO" MAIL! )I. and Et.astaa Cs , swotsu. ire de [ALL* set off on Thursday mom- O.:nista Hall, on his intended journey to e are informed the illustrious traveller is sf w Cosine days at which litaesdoa his Won't/, the ha way so bitatioa d this t seat of the Noble Marquis. s. Mesta Rotuma., son of Lord Wm. who was bitten some days since by a doi sidered out of &arr. as Ka caearsesisse og, who has Masi cos/coed and watched . Is sal The merasore, who ie pleasing gelloe to lard WI MINSK houLe. lllllSrdars was rewarded by bit with free MAIM and pleat? good I'44w asnerel Unstrap. who had se sorrow bons the ILL, near Dublin. is mer ffiss LILL, sister to Lady Casit.s.Stasow• calaikess of the late Judge Lac. It ;Lon. and Rev. Donor Lmosair, Bishop re, and brother to the Countess of Haso' whom he was going to visit, at tile ea he cited. His Lordship re sides in the butibil Glassevin, of the Messrs. MITOKILL, tow salsas, in Dublin, sad the father and gra& of Major Miscasts.. who is Telarried l•aatsv 1 SSSSS LA SOSIBRIST. &tighter Of Da , and sister of the present, Dabs ot Glasnevin has boss long coosidered davit . It was there Dean Das.awv so ramose Dean Swore, Doter Susatnaw, fathe ;bt lion. R. I. haastaast, sag all the wis day. LAW' 1N111.1.117ENC6. j** COURT OF KING'. Yk$CH, taut , Dec.lt . , SifrL j$ kr.re Lord ELLIN 1110e0111011 and Jp, riot j&rirt JE IYCAY end Y e. PLLIASOII. Thefe were twu atheas upon Poiicid. of Lo wrance, bath up Ai the _hip IJ,ut r, trout Surinam, Deluerstit.itnJ t.i'equibo. Luild.iii,freiAbted with a ear of sugar, tz . ..)1..5.gb, and cuituti, bet lubt by the L erit of the 504. 'j'pe det,tlice. (.0 the pert of the Underwriters, was, that silt was not sea-wilany. After hearing Ike avi.lecce at revs: al vetu lint nein concerned in repairing that and aever4l depositions taken open the survey. in the W esi ladies, the Junea re mum' Vardifits reopeatrely 101* the titeintaf. HOLMES ft ' I. This was an a. ion brought to recover sin*, I diti , ursetnents on acct.dia of the Ileiendain, a Bpi.. ward, as the owner or a vessel ceded the 1. orsokra. wields he refused to pay, sinew:lg that hew as not tn. owner, but had oi.ly been employed by tile itaintiff and a Mr. Dclattintain• to navigate her 1,...,1 London to (*laden*. kiorn the evidence it appeared that these three persons were all conneeled tuAetber in the tuncetn of tuts ship, which had beta purchased at Boulogne before the commencement of We War ; but tor !Ma sons keowu may to nutters, they thought it pru dent not to let We world know to wawa she ado -014 belonged. The vessel went to sea, but proved . to be uuturtuttate, which occasioned various losses and expenses, and so lung as at.y ffecuatrus were waste, or likely to DO made, aobesty would awn her. Otte \Vanes'. a Mr. Benjaintn Samo s proved,. that he. at the desire nt the elanitti's attorney, went. about nine months ago. to bli. Fraucni, in Cra,en-Streel ; as soon as it was known he had at. rived in this country, and put cm taw questions to h:rn for the purpose of getting him to acenowledge himself owner. As the I)dt:indent could sot "peak k:igiish with tacility, this Mr. Smith tool wan him a another witness, as an tutarpreter, well acquainted with the Spanish language, and Attst giving mu} (the Detendant) reason to oelieta Wet souwCOISSIOCIabIe benefit was likely to arise from the adventure in which the Ftrsaws had bees en:- gaged, they got him to acknowledge, in broken ningtish, that lie was the owner. site lea was, lowevw, that although something was atittaily die to those concerned, the demands exceeded the panda. When the oe:cadent heard tins, Ire dal sot receive wese witnesses so cordially, and against this Attica now pleaded, by big Counsel. that he was Rarely employed by the Plaintiff, AS the Cap tains upon the voyage that vessel had pertortuart. &ging the Plaintiff and Mr. Delatiantaine were the owners, and had employed him in that capact:y. fire PAWL ; for the Defendant. further stated, that this appeared to be one of the grossest frauds at wild be practised against a Foreigner, and at there was no truth in the allegation that he ld any concern Wh.a..Lver with the vessel, he haw' g never touched acs single farthing arising front e put chase or wbseldent sale of twat vessel. While Mr. raise was proceeding is the defence, erd tst.t.sesuaeuon pit it to the Attorney kneel, who was Counsel for We Plaintiff, wha ler he inengfet it necessary to go further, as the ,cake seemed to bare arisen from this Foreigner at Wig aegis to speak she Boreal languagel It sight indeed be possible, that besides his eZs,.g as :amain, he might have had some concern with the reight, or might be a joint-owner. lie should, erefere, recommend a non-suit, which would not reclude the Plaintiff front bringing the question Kale before the Court upon a case, and adducing ifitional evidence to prove the real facts, upon fme future occasion s and he shouldscertify accord fro Ws the Attorney General, after consulting rich his theist, agreed, and the Plaintiff was AC. 6 , 1111611 ass-suiz..d. • 01.1111i1110 P. /ROWS!. This was an adion of troves. brought by the lamtiff, Thomas Caroming, Esq. of Lasetle.coort. 'chickens. as indorses of a Mil of !adios of. 33 pea of Madeira witie, and 20 pipes of brandy, ZObit Mr. Brown, the Captain of a ship called ^- lirtioonia, who was in Oils case only a nominal i temlant, he being indemniGed for the Contit , tences of this attion, by a Mr. Philip Jenne * Mer iant to the Island of Jersey. Mr. Fame, for the Plaintiff, stated, that Mr..lean id been in the habit of making large consignments l various kinds of merchandise to a Mr. Edward Ida, of Logsdon, who had lately beciime bankrupt. b the 16th of February last, Mr. Jean mot this it of hieing to this Mr. Main, and the questioo ni whether or not it wet in his capacity .of faftars as en salmi purchaser ?because lithe goods wire Liy consigned to hien, he would not indorse the a of lading as a security for a debt doe to the lontiff, bot if it was an aitual salt, then the Plain. l was entitled to enjoy the booefit of such iodossa in. He argued that rt was a sale. In support of this, Leatoed - Counsel adduced several Witnesses, the of lading itself, and I letters, relative to t aaaaa Rion ; and horn such tenimonies this eon lament indeed appeared to have been sold by kn, the consigner. to Mr. Maia, the consignee. :erroboration of this, the various bills drawn by r. Philip Jean upon, an d accepted by, 'Mr. el i.d Slain, to cover the amount, were moduced 1 read. Lord Ellenborongl4 and the opposite Counsel, ' wed, by these 11000MOOt‘, to be coneiuced that it 3l consignment on Mr. Main's awn account. the ATTOIMIY•GINSSAL, On behalf of the De dant. stated, that he did not rest his defence is the point whether or not this Mr. Main was tag as a radar, but he relied upon an entirely lerent argument. It had been decided, in two nor cases, that where a consignee of goods in 'as a bill of lading to another person, with no ithst these goods were not paid for, the indorser hat bill could not prevent the original consigner b having his right to stop the goods sae trairito. he present instance, Mr. Jean makes a consign 4t• Mr. Mein ; but before the ghiide reached he (Mr. Main) became insolvent. The bill idol arrived on the 113 d of February, Main Ins insolvent in the month of April, and had committed previous aas of iosoiveocy, yet he • re" ' enneeveameythese geed: to this Maio ialthougb Pea theirmode Ms lilelailafFltiaof W' frtinf eiteibtfit the hills granted for thttutad not become doe. and 1 Anthony", He uneweeed, loodid nor know velvet consequently the goods were unp . rid for. It we. do ; b ra t said se would refer it to Captain Saoit. of an extraordinary, and eve, a suspicious transaction, the /fernlike. After, are interval of three days, that a small creditor of Main's should be ready, 'ellitness met Scott on hoard the Irillirpn enitip,' upon the spot, to lay claim to these goods, as a se- and again claimed half of tlw fish. Then Artehotsy, curity for his debt. This appeared very like con- to his astonishment, stsid. " Canna Luce, f have • trivance ; but these parties had not considered. that, got an iron marked with your initials, you may fie in order to establish that right. ft was necessary well take it." Witness replied, that if he was not such indorsatien should be without notice that the entitled to half the fish, he was not to The nivel-- goods' had not been paid for; besid ,s,• being for a Anth my then lehised to leave it to theolonrienseion valuable and bona file consideration. Mr. Cum- of Captain Soot:. or to any other person. Wimeser mieg ought to have satisfied himself that the °tie has been conversant with this fishery for upwards ginal consigner had no right to stop the goods is of twelve years, and never met with an instance in traeure ; for otherwise he could not be protected which it was not invariably admitted, that I person • from the consequences of that consigner a prior suiking a whale with a harpoon, was not considered claims. Common sense dictated, that a man who as entitled to half, although anmher boat had pur tonk such a consignment, with notice that the goods sued and ultimately killed the whale. hr.] not been paid for nor delivered, was not de- On hit eroes-examination, he admitted, that Cip ceived. Why should an indorsement to a bill of lad. tame Anthuny, on coming up to his boat, 'asked him log place the indorses in a better situation tban the whether he had struck with a tow iron or a droug ? original consigner ; the consignee having, in the Witness answered, with the latter, and :Anthony mean time, become bankrupt, the goods remaining proceeded in pursuit of the fish. unpaid, and the indorsce knowing these cireum- I Thomas Anderson, and the Second Mete of the stances? Wtlii iw &nettle, hid been twenty years engaged Here tweeted parts of an answer put in by Mr. in this fishery, and always knew it to be the custom Cemming to a Bill in Equity, formerly filed upon of the trade, that the striking with the dtottg entitled this subject, were read; from which it appeared, that the party to half the fists. Recollefted that when he acknowledged he knew the goods had not been an apprentice, a beat of his Captain's struck a whine paid for ,n hard cash. hut averred, that it was on with a short warp, and having waved to the boat his p e nt actually a bona fide tronsaftion. he,,boe , of another ship. t he flab w as L a za , sa d s h are d in Mewing any thing of Mr. Main% state o 1 insol- halves. Captains Halcrow, Pease, Barton. Daggs, witty, and therefore relying upon credit being given D,aw. and Dunn. very experienced and intelligent for these goods in the accounts between Jean and seamen, witnesses i n this cause, recited several in• Main. in the course of their extensive transactions, stances in which this custom, claimed by the Plain they being in the habit of mutually sending goods- tiffs, was the general usage of the trade. to leech &her. The case here closed oft the part of the Phan- Mr. PAIL in reply. said, he Was not aware of tiff ; when Mr. Serjeant SHL?HtED proceeded to this being the tutu' eof the defence to he set up state tee grounds of tee defence. He first contended against the Plaintiff, but still taking the question that the Anion, as it was brought by the Plaintiffs, upon the law, or the. fatt, he should Argue, that could not in point of law be supplied: Allowing none of the cases that had yet bail decided, and the carom of the trade to be such as entitled the now alluded to, dent to exclude • Irene fide cots- PliintiE, to make a claim as tenants In amnion, signet of a bill of lading, even with such notice they might have wed Mr the whole; but in Mul es that fated by ti,e beamed Attorney, from tniiiig an *akin of trotter, they must sue for some the *corny he had tbekeby o'etAined, with- designated article, upon which the cause of salon out any Imptopir connivance on the part of is grounded. In the present caw there' Witte no that coring:et?. It seldom happened, that goods such specification. were paid for before their arrival here, yet such in- Messrs. Ser)eaats Beer and BAIINT . !antenna .? dorsationti occurred daily, even before the Bills of the! the objeawn was not well farionli; apd that tbe Exchange became due. Every • thing tended to Defendants having converted a melety o r Vat Acs, Slow, that this gentleman. Mr. Cuintatiog, had to which the Plaintiffs were entitled, trotheir mew taken that indersation for a bone „Cie and 'valuable use, were subjeft to an union of damages • for di* consideration ; and therefore he was entitled tin the amount. full benefit of it, even although he admitted there The Loan Cuter Justice considered the oh- Ines no aftuAl payment made by Main for the goods jeflime of Seijeam Shepherd a strong one, at the le quesesen. same time that he ,as williaq to let the merits tin Lord Beerseneooon. in his address to the the Case go to the Jury.. •Aa wants in coranov, Jets , , seemed to he of opinion, that there was no the Plaintiffs had a right to sue for the whole. • evidence of wenn fraud ; bur that the Plaintiff, I or if divided by consent, they were entisledto without having any knowledge of Main's in.ol- half of every individual part, no matter how •tv ancy, relied implicitly upon the value of the I rouse into which the whale was cot. It was good* being settled for by the consignee or con- convenient kind of property; and the conundrum signers, in their annual accounts here was. that it was-ant to a half of the fish, ' • 'The Jury returned a vetdie for the Plaintiff. to the hole of every individual part, or, in other the amount of kit lien mum the goods; and este- •to every had in the horse-shoe, that the claim blished the right or Mr. Jean, the original coosig- tenant in common went. net. (and real Defendant in this case) to stop the re- • Mr. Se-jeant Best was coefficient, that the • mainder of the. goods, is fresesitis, so far as their saluted Nadeau" *lto was a Defendant it value was ungehausted by the Plaintiff's shad. tas t e, did it know the ground of detemee 'Phey accordingly gave • the PfAiotiff nominal dn.. which his Counsel endeavoured to rely. macs: of I,nOol. subjea to a subsequent • ranee anaffiems-iseettorstwous to send the Cal- Clan by an award. consideration of the Jury, because he was Alm • ' tain that the Noble Defendant would never • an application to set aside their decision. r taking advantage of a technical objection. The Agent of Lord Grenville had given, by letter to Mr. nevae, the PlAinuff, the fullest grounds to be lieve, that the deface was fixed upon the merits of the trans: nation. In that letter a determination was avowed, to support Cciptaiis Anthony', detention of the whale, upon the right he had to refuse it. • The loan Cater JUSTjr.t, upon farther rsflec• Lion, observed, Goo it had been given in evidence. that the property of the fish yeas in the party who first struck it, either with a tow iron or a harpoon,' although such party was bound, by the custom of the trade, to give halt of it to there who co tinued the pursuit and killed the whale. He said he should save the other point made by Serjeant Shepherd, whom he called upon proceed. Serjeant :Mamma contended, that it was the duty nt the Noble Defessdant to avail Limsilf of the law of the land in the detenco venich he nano to the present anion. With his. own individual pro perty he had • right to dispose in any manner he pleased, bat whet* he had the interest of othets' to protea, it was commaeding on him to gaf fer no suitable method of defending them to escape. It was true that Lord Grenville war the owner of the User:vent, but still the Captain add crow of that ship had interest and property to be proteaed, under the insertion of his name on the record. klouraver, he could tell his Learned Friend, that the Noble Lord was totally ignorant of the ground of &geeing. and if his confession, as the., Counsel for Defendent, appeared any atonement, he was willing to take to himeelt the charge of having urged it. With respect to this fish, it was undeni ably conclusive, that the Plaintiffs never were in • possession of it Had it been struck with a tow-iron, with a line attached to the boat, whatever might be the intervening distattew,h would,upon the principles of law ad the deductions from the sanctioned usage, i have been edits' possession, bat the mere as of strik ing it with a droug, glee it that possession no more than the wounding a bird in the wing, and the bird escapingovould to the person who fired the fowling. piece. The droug was nothing more than a mis sile weapon, and was only used, either because it marked the diresftio of the whale, it being always vistble,er sometimes retarded the progress of its mo tion. With respeet to the general custom, be would prove, by evidence, that it was not either uniform or invariable, but that instances had occurred, and agreements been fester eJ into, of a contras y tendency. It he should substantiate this pesina by evidence, the Jury would be bound to decide by the general principles of law, which never could decide in such a Cllt, and unier such circumstances, that the party who oily 'struck with the harpoon had then the actual ponseegion. But the alleged custom was a most preposterous one; for what would be the con secownee of its adoption 1 A boat engaged with a whale. which she boa fastened to her by a line from the tow-iron, finds herself surroun ?et' by a shoal of these fishes. Int crew immediately strike • COURT OT COMMON PLEAS. cciL . TS. TS( OWlltlf of the shift the Ilraions Fensiega, st. the Right RateartrU• LORD ORLOVILLt, the (honer, OraJOO a,vioa V, the late Captain ear ship the Curses!. This was an aSion of troves, brotight by the Plaintiffs to recover damages for the half of a whale. to which they were entitled. according to the general custom and wage of the trade re. gaged in the South Sea Fishery. Chi Plaintiffs are the registeted owners of the ship Wil'iass Pee meet. and the Defendant, Lord Grenville, as the residuary legatee of the late Lord Carneltned, is the registered owner of the South Sea Whaler, the Caerewnt. On Saturday, the 29th of June, mos, the boats of these two ships, in corn aany with other boats, were fishing for whales io part of the South Seas, called the Lee tiny, contiguous to the Galtopagos Islands, immediately under-the avia tor. "the Captain of the William leanings was on that day in one of his boars with a portion oti his crew fishing for whales. They had struck a small whale. from about fifteen to twenty barrels. with their tow-iron, which was annexed to the boat by a long line. Berne this whale was kille.La large shoal of these fish passed the head •of his boat, which was attached to the small one. He imme diately struck with a harpoon a very large whale, from about seventy to eighty barrels. Phis har poon was not annexed to the boat, but bad a short warp or tope to it, on the reverse end of which was a droug, a thing resembling a bogy, These in struments were generally used by persons in this pursuit, to retard the progress of fiats. when struck by them. The ether boats belonging to the Wil liam &wimp were engaged in pursuing another shoal of fish, and therefore the Captain took off his hat. and waved it to Captain Anthony, the Defeadant, aid the late Master of the Cerement. to some to his assistance, in securing this whale.— One of the Ceerwrat'a boats, immediately after tits signal, hove up, and proceeded in the pursuit of this drouged whale. The crew succeeded in killing it, and Anthony, on a subsequent application fromithe Captain of the William Penning; refused lb give bell of the fish, to which the whets contended his owners were entitled, by ;be established custom and roles of the traders engaged in the South Sea Fishery. The Plaintiffs, as the owners of the William Penning,, therefore instituted this 'Sion to recover damages foe the half of that fish. Captain Luce, the master of the Witham Penning*. stated tlas various circumstanaes of the transation. When engaged with the small whale, he struck very lase fish, the subject of the present aSion, with a drouged harpoon. In consequence of that blow the fish was considerably retarded in its mo- tion. It was the general efferl. The shoal were bearing off in the &Eng, but this fish, from being struck, remained hehiest. Li consequence of his signal to the Captain of the Ceerivent, one of that , ship's boats putsucd the fial, and killed it. Wit- r . s 1 ' i l thWir henna:Pits a every side. and b Pbaw.or --- "themselves with i ahis one e.artion, 4l : l Ze l ver these.. -whales are taken, without any defined linint of place or time, they consider themselves entitled to their hatves,••Sach yr-111dt could not be tolerated; and in all the 'eases blows to the t rent, at all 412/14;01,14, the apnexatioo of the iron/vaunt with which the what. was arta, to the twist, was alone consider ed.as die constltnyia between fast and loos* fish.- . . • Captains Scott, Bunker, Hopper,_ and Owlets'. r stated they were . eitgaied in the w: - ,ale fineries, in the South Seas. It wgi usual for . thiCaptaiaa, on thin arrival in different parts of those seas, to enter into agreements, only binding on those svr,o were she contratting parties, In what mantisr tisetishitkic was to be cnndu.ed. Since the year 1805. the claim for striking with the parpooo wai; by mutual con-. •sent, done away ; but eseelous to that period, tot general custom %ea., tltat it give the right si half the fish. Capt. Scott recoltaned the time srhea t! . .5 IYdlsger Fewoost. and 0111.7erott erre off the Gallo paps Islarhis. There wet a meeting of the Cap tams of the ships than in that:tab lenete be aides. stood it was agreed to nearrion the dsoug He did not go d..men :nun the cabin, but Captain Late was there. Tile Captains assembled wen smocking. and he wit unable to bear the smelly/ the tobacco. He could not, of course, bear wnat pas.ed In conversation between diem. Claytain Luce was again catled, and .plsitirely swore, that a; the meeting alluded to by the lett Witness, these was nut a single word Token rela tive to any agreement for giving up the claim of • the droug ; nor did he ever bear of suds an m tsntion, until sutssequeht to the refusal of Captain _ . - • - Anthony to 'fhe defence animated speech, • case more , refleCting men. first, whether' bail ebrogaied themselves the ease. whomsoever (alive chargter, 'tents in contr, 'Snood regulative were conne2ed esems - walt In COIPIROTC tioJtaci s at ssletarpovesion s res thi , of she cr 'oiler wind' : F s , ' . the inspossis.. _ atunsals . loose fish, •when many persons enetv,so their cost. that in this inetropolis a great number 'of Wore .44 4 wars considered aeu preserved as very serious pro. •. • petty." The Loao.Csitar Jusires addressed the Jury upon the nature ci" the evidence adduced. It was clearly admitted' by all, that the general custom of the trade, before the year 1804, was to allow the claim of the pilaf who had lust struck the fish with,thiettroog. It was to be sure in evidence, that at diffirtlit times the Captains of those .hips entered 4 lnia. ag.-eements of abandoning say such claim, Mit there was no proof &Hat the Captain of the Wilkon. Fenaia:s had acceded to any such con vu the contrary, Capt. Luce positively swore. tent ne never did, in any manner, enter into such asi ..igefement. Ti e Jury, without hesitation, found a verdin fur the Plaintiffs ; and it was left to two gentlemen of the Jury. couneEted with the od trade, to calculate Vale half of the produce of the fish, sub je.2 to all the aiter.ding expenses. .OLD adattr. Du. 18. ADMIRALTY SESSIONS. Before Sir WILLIAM SCOTT, Lord alief Boron M•DeN at°. end Mr. Justice La BL•NC. rival, Bennet, late Master of the ship Good Int:nt, was arraigned for the murder of William Richman, on the High Seas. Mr. Pate. opened the prosecution. The SOLICITOI444/414•L stated the case; he said the, Prisoner at the. Bar was charged with being the cause of the death of a boy about 14 or 15 years of age, not by one ea, bat by a system of cruelty, by flogging him, by keeping him without food, and dbliging him to go naked in a very in clement season I . he felt sorry that each condo!! hid been made use of by the Prisoaer, as he was an Englishman, and sailing in a British bottom : is was a stain upon the dug of his country. He then said he would product the whole of the ship's crew, who would relate the unfortunate story of the deceased, except one, who left the skip at Smyrna. 'ronmas Prior deputed, he had been mate of the ship Coed Intent. Sailed from Plymouth the 90; 3 of August, IffoS, and arrived at Malta, Nov. 9.6, touched at Gibraltar. During tke ship's stay at Malta. the deceased seemed to be much *Stilted with the scurvy, his face was bloated, his eyes duU, and his legs much swollen ; acquaiated the Prisoner With is, end advised him to wad bine on shore to „, the hospital, Prisoner said, it would Is: attended witlt. relit eXpense ; did net think de bad into.. rest stiffietentqu'get him admitted ; and supposed the boy had ham eating too much salt provisions ; ' NUS if he continued USA, Int would send a physioias ”n board, and not idiot, Ms to eat any salt es111111(';,%•', sloes. there WAS Sulle flesh aa wv • ...011 the . - to divide with the Witness the whale. rii fence here cl-sech and Serjeara B -ST, in an speech, replied :" He felt there never was _ 1 i.e clear. sobmitted to the consideratioe Of men. The cfuestions for tke Jury. were * her there 'rasa general custom which had . dated the trade P and if so; whether the by any all of • heliotel vas or their Capteio. :sited hat exes•ing usage, as ap,:fizcble to .6? This was tie true and only view of . It was no- fo• any smoakiii cliib. Iy rer composel, to assnme to itself a hops% wafter, and oppose their private a s r c e- contrA,iis t inetion to the known and safi . *•.. • 4 tulatiine and customs of the trade, stack s. .. le.fted with all its eirttlinstruices. had i " . . 1 1 ; nag irs grrCelh, and strinites'd with its ssieweit." . .. : 1 . nein& pursuits, as sir. 1 as %boss of anedirit• . 4164trIonat. Jiapiiily. in this canary: a • - 1 iversiers e t• ianovatioe. • Ladling *VW, it menu Q; thi . Merits of . abe caftan poster which shillibitsilfe enninroos cla i med it, thy Node J, lostb Pi s an iodividstel emits • +hole 511 . ; • national view e r* apptirepriitigatimy and poselet tess.. led to the certainty flat 10.411arred Farmed ha* asmswe„.' .w 'w il e' that it was propos:aeons sq .itanifban gush a miss was a n in. beianse•there wits ao (4 is-sulk...oa Sairblear-:.1 !imuoinom o f the harpoon. kle_was.sdassare 4.64. fitimila* • • fuh• but to strong nerves, and ef„jtis sedeat counago 'pubs !ht . '? wor,l l o f ied s that with all Show sba- lam l4 ,1. claim a his shoulders,when abont toiiale.a.isirsesw= chi! Inserurneut. gun liar:sow tkaakagianioN. • the al""" therisk was front tbe alialGa4aalt tbssightet • li n ill this possemion theineted sisocavbe the* Stealer s itti • fence u p on tlpt legoaXa lialtostbd. party }Ratathe ego. W . fits Matle the whale his ova After:, • 1 tow to the that ttion‘ent, ,wises the droug was esad in him 'IP • almost ter; body, it was a fast Ash ; art he was surprised at. •• 'Cr think n ` the ion of his Learned Frien.: on th• inspossi- merely by Mite of proving a propriety in wild iausaats and q 1 \