The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-29 00:00:00

f BRfaliTON, JULY 26. litre this morning is covered by the ama the Turf ; not a female is to be seen. The et) , high on the Earl of E o nessotor's against Mr. MEL I. las Safebo. Mr. M EL ;red extremely anxious. It is said he has depending on this mning's rce. To the F ig of the Gentleme or n of the a Turf, some hive been at work ploughing the Course. I de is totally deserted, every one making pl boats s to the , e water, which num is likeers a looking easure glass. The sod mules are caparisoned in great form, tog at high prices, something more than lw`fea s ide. Many families s le p t at Rotten night. s eommeneed ; 1 need not describe a t he vice L ie iof the ground—it appeared like a camp lie number of tents, repositories for hit sea, nod i o ta taverns, where hot and cold re ;;:t were served to the visitors. On the hill ss A louse for the horses, and rooms over to chlate seleCt parties. It was said there five thousand persons on the co urse. T. to evsn the nobility would be impos- The Earl of CLERMONT, And Coolness, their carriage, ors the ground. His Lord ovrards sat in the jthige's box. and sent ex tn his Lady with c ten decision, and, be et:, heats, rode about on his poney. The t , and all the Gentlemen. rode up to his hip, and vied with each other in Oving him , al ion;—the youngest men did not seem moire ;ed. His Royal Highnttss the Pittroce drove ..ehe and four ; Lord FoLev ,sat on the hoz tire, and one gentleman only in barouche. nte ss of BAR R Y MORE in a IiAtOUCh.! aitd accompanied by two ladies. 'Fite Duke and of BEDFORD, Duke of litALttiaT, Earls , st cLLIAM, E G RESIONT, and DAR Lisortats„ EIRINOTOS, Lord H. t ZGEKALD, Lord V. ELL, Sir NV. WILLIAM WYNNE, Sir CHARLES surtv,and Mr. METCALF were in carriages. Mrs. st essour in her barouche and four, accompa by two ladies. T h e Kin of BA eavmoße ,rse.hack. The PeiNce seemel much elated success of his hor es, and rode before when the 3-ckies came to he w, Loll BAC!tItMoRE before Merry-mar). • 1::le .ct gives A graud dinner at the Pavitioo day. The Duke of BEDFORD, the Earl someone. and Lord WILLI AM RessELL, are J. His Royal Highness will give several enteraluntrats. Mr. M TCAI.r also gives a .S eittertainineOt ,to tw tee gentlemen. Lord ixoros, :sir CHAat.is BUNEURT, S'r W. W. sae, and Mr. Methisit (Lord Elsa teorom is . ?Acidosis's inmate), will be of the flirty. is not much sport expeeted to-mni-ow ; but , iclay, it is considered, will be a gland day. re has bean a Committee held tlaisevecong at the le. and the farmers will be indemnified tor any tkey may sustain. 'unsay merning last, the hospitable larder of Mr. LIP METCALf, on the Pavilion Parade, was Sed of ill its cot.tents, save a single loaf, and a pats ot hotter. Lord W sat WORT n, who had on a visit at Mr. Mktrc Le's, set off early n .nday morning, when, being informed ot the .brry, said, very good humousedly, .‘ I (out.' go at a latter tini: than when the po ems ale gone" There ale ctcveds of ligiit gered gentry here; Mr. Towussno is inde rale in his exertions for the regularity and de nt' cis place. lie is every where, AA every ~on feels ht.w much they are indebted to Ins ac ity. A bia from him was sufficient to a party of who rut no small dab on the Stcyne, that if acy rok ,AoitiLi occur he Anew them, to forego their •t and return to London. Egew:s were sent off wi'h the even• of the rams ; ey were cxpeded to reach town in three hours. SATLIPIDAY• This morning was very inauspicious ; it rained .til ten o'clock ; about I l it became tine, and the ine was crowded with Gent! men. 'I he Puke • ligolotto. Sir Jouts SIILLI V, and Mr. int, seemed much intet est ed. 'the comp.:l , y the course were very numerous. The Duke nil Ditches' of REDroan were in an elegant tk-green btrouche, drawn by six most beautiful sec. his Royal Highness the PPIN cc, decor.- Med by Lord W. RUSSELL, waled about the ..itse between the heats, and looked extremely SVNDAV. Mr. PHILIP METc•LT gave a grand dinner yes %Lir. 'File Duke of BLOT Ugh dined with the ',l`4Cg. t here is a match made for Tuesday, between the a; . ECJiIEVUNT'S Cardinal B auf,rt, And the i of &tatty MORI'S Alerrymay, for 1000 guineas. 'f.le odds run very high against the Cardin' . Tuesday is expeeted to be a very busy day here. The 'lheiitre List night was crouded ; the entertain ments were, Isse Bull, the Nero Ballet, and Line 4 , 4 8 4 ' es Locirmiths. They were all highly ap plauded. Nits. J. Bat:biro:a is a great favourite. Us SEARLE darted charmingly in the Bei/H.- I'kt COUTIteWei Of Fulcilk-C‘,C and BARKYMONg, Mrs. MLTC•Li, Miss Foertscua, Miss \toss's's. 2 nd (lenerel .Inuesvois, were present, and a vast comber of military, It was near twelve when the ritertaisruelits closed. The Steyne also had its visi tors. The Enniskillen Light Dr.:goons had a recruit- In:: party on the race gritiod ; their broil quite en livened :he scene ; several battles were fought on the h;lh, as the quickest method rif . settling the bets. In t'ac reign of EDWA an the I ' ru RD, the salary of the Chit Justice of the King's Bench was 661 13s. 4,.1 per annum: that of the Puisne Judges of that Conn, 1.01. each Queen Et IZABETII crewed the Earl Sattewsse v Earl Marshal of England, during Isle, and ap,.r,inted him a salary of 201. per Annum I 're her Secretary for French Correspondence she was mare liberal, his salary was 6QI. per annum. The man of the name of Ila tr. arrested at 'Ma. stable, on suspicion of carrying ou a correspondence pith the enemy has been committed for trial. Mr. Not:Ps and his sun, the proprietors and drivers of ..!te carriage between that town and Canterbury, , she were taken up and examined as to their know ledge of H %Lt. have been sent home. hey arriv al at Wi.tt;t.shle last week. • • • SPORTING INTELLIGENCE. BRIGHTHELMSTONE RACES, 111)5. FIRST DAT....-fiticAy, JULY 26. The Smoaker Stakes of 2ilgs. each, last mile; 3 yr. olds to carry 7st. 4 yr, olds Bst. 31b. .5 yr. olds Bst. 91b. 6 yr. olds 9st. Ilh and aged list. 41b. tr,ii it. H. the Prince of Wa1,..`.• Mlwl , .v4e , l . 1 Mr. WJrclell's b. in elratitt.d..!, 4 yrs. old 2 Mr. Ladbioke's br. h. Bastard, .1 yr.. old . . 3 Mr. Iluiveirth's Wheatear, i, ti , . old . . . 4 Lord Egremont's Hannibal, Against Mr. Nlellish's Sancho, Bst. 7sb. each, the last mile, I o*.r,s. Sancho ..... . . . 1 Fluinibsl . . . . . . . . 2 An exceillent and admirably well contested race.— Won by scarcely a length. The Third and last Year of the Pavilion Stakes of 100 gs. each, h. ft. for colts carrying Bst. 'Jib. and fillies Bst. then 3 yrs. old ; the last mile. 'n,e. winner of the Derby, Oaks, or Ascot Stakes, to carry 71b. extra. Lord Egrentrit's be. Cardiasl B•aufort, by GeIII , IIIA 1 Sis C. Banbury's b f Lydia, by Whi..key . . Sir F. Sta...di.h's Grosyeii.u's e. by Sir Peter . 3 Mr. Heathcote, Mr. Cox, Mr. Ladbroke. and Mr. O'Kelly, were Subscribers, but did not name. The Second Year of the renewed Sweepstakes of lOgs each, for 3 yr. old Colts, Bst 71h. and Fit. lies, Bst. 41b. The last Mile. The Winner to be sold for 150 gs. if demanded, &c. Lord 1.4 anent'. b. e. Pinil.e.ll, by Gobase:22 . . 1 Mr. I.l.nsorth's b. c Scrip, by . . 2 Mr Lid rok .'• eh c. thicrey, by Guildintd . . 3 Mr. Sltakes! , ear's b c Punch . . . . dr Lord Barrymore's Merryman agst Sir John Shellev's Curreycomb, 7st. 71b. I oUgs. h. ft. One Mile. Merl man . .. .... . Carreyerimb . . • . . . . 2 Sweepstakes of 200zs, each, h. ft Four miles. His R',al H./ vies. the eriecc uf 1V ales". Albiun, .5y5, 1 1 J.t 6') 1 Mr. F. Scale's Bobtail. •g-.+l, ea. • . . 2 SATUi , DAIr. Fif , y Pounds, for S yr. Is, 7st. 61b. 4yr olds Ist. 1 lib and 5 yr. o:d. 9st. 'rib. A Winner of a Plate or Sweepstakes in 1805. to carry lib. extra, of two, rib. extra. Mares Slb.—Heats, the' New Course. H.: R. H. the of tn. c. 4 y•s. rid Mr Ladbrokes b Dn a, .; yrs. old The Somerset Stake, of 50;s. each, h. ft. for 4 yr. olds, 7.t 71b 5 yr. 01 Is, Bst. Sin Ii yr. t.lds, 84t. 1110. and aged, Bst. 131b.—Four Miles. Mares allowed Slb. Mr Wy .dham's Ws.ton, 6pa old Mr Hogrortit's Enter arise, 4 pink'. Mr. WWl'. Lady 8• wa n, 4 yes. 0%1 3 Fl.s R the P. or Wales ,r h. Orville, 6 rm. old. S.r John Shelley's Houghtno LaY4, 4 yr. . . Lord Egremont and Sir W. W. Wynne were sub scr.bers, bat did not name. rhe seems' year of the renewed Petworth Stakes of 1 Ogs each. for horses, 4 yr olds, 7st. ;11) 5 yr 01.1-, Bst. 71b. 6yr olds. 9st. and aged, gst. 31b. Four tales. Mares allowed Sib. The winner to be sold for 250 gs, if dem.tnded, &c. MONDAY. Han licap Plate of 501. fnr four, five, sir-year old. and aged I lorscs. He a ts, the New Course. Sweepstakes of 100 gs. each. The New Course. Mt. Wyo.!llan's Young Ecli,...e, 6 sear...A, aat. 10Ib. I.or.ll)...linfoon's Zodiac, 4 year- old, 104 J ib. Fl.. H Y. M.-110.W, Sins, 5 years old, 7-t lath. Ms. F. NealV* IdraallWOUTl, 4 years old, ?at. 91b. TUESDAY. Fifty Pounds for four year olds, est. Five year olds, 84. 101 b. Sic year olds, 9-. t. 21b. ; and aged, 9st. Sib. Heats, the New Course, about a Mde and Three quar , ers. The wi .ner to be sold fir 15 Ip. if demanded, &C. The Egrenvitit St.ike, of 200sts. each, h. ft. for C Its Pat. 41b. and Fillies Bst. three years old, and w irrante 1 never to have hero sweated or trie.i (July 31, 18 4). to run the last Mile. H.. It H dr, P. of Waes% c. itab4r4ll4lll, by Sir Petar, out M. Liar, r*, c. w Gutldiord, out of Volontecr's chin. _Lend Ug. Illgtoll'S c by Sir Peter, out ul .Ethe, by Young Mrrikc. Lord kgrentoiit's ch. e. Impstur, by Waxy, out of Cohan na's daui Sit John She!WA f. by Ilamblctunian, out of Brown Cbar- Irmo C flu. bury's 1. Lydia, sister to Jul;a. Mr liqwmttt's e. Tramper, by Wha,ker, out of a ConCic- tor Man. A Gold Cup. given by His Royal Highness the Prince of Witte's, with a Sub cripiroa of lags. each, for all Ages ; 3 yr. ol•ls 6st. 4 yr. olds 7st. 81b. 5 yr olds Bst. 61b. 6 yr. olds and aged est. 121 h. Mares allowed 31b.—Four Miles.— This Suhscription dosed cn the First ot January, 18`)5. The I I..rses to be bona fide the Property of the Subset i'aers H s R. H. the P o Wales's b. h. Orville, 6 yrs. old 1. rd Egreut•snt's b c Hannibal, 4 rrs old I,rd D,Aington's b. c. Pavilion, 4 yrs. oil • r. l ad roke's b. f Dora, 9 ynk Mr F Neale 's cli h. Bobtail, ag.•d bir John Sh •ller's b. I. Wing Mon Lass. 4 Tn. old Mr. 11. F. Sl:lihok's b. I Lady dr.iug 4 yrs. old Mr. Waidell's h. 1. Grant„ de, 4 yts. old ILANDFOR h RACES. Trtsls4lr,Jll:i v '2 3 . Fifty Pounds for 3 an i 4-yr. olds.— l'wo Mile Heats. M•. Feiirick's b. f. Mm Coiner, by Don Quixote, 4 sr. old • • • • . • • 2 1 1 M. A •be!•'s bl f. Virgin, 4 yrs old . . . 1 11 dr Fifty Pounds forillighrses that have not w'sn that value since Much, 1804 —Four Mile Heats. Mr 1).16's b f Little Fo gg y, t.y Buse•ir.l, 4 yrs. old Mr. Sotto b n.. 8•1. y • • • Mt. R.slsifhenson's br. h. S.rpetir, aged Waal: ESC •T. Fifty Pounds given by the Members for the County. 4 Mile Heats. Mr. Fencli.'s b. f Mos Coble!, 4 yn. old . . 1 1 Mr. Abbey's Ch. in Merry, 3 yrs. old • . . Mr. Ifrogley • • gr. h. &whiny, 5 yrs. Sid . . .9 3 . 2 2 . 3 9 The Spring. WALTERS. from Poole, for New York. is totally lost on the Isle of Sable.—Crew saved. As two ladle , , seated in a one-horse chaise, were waititv yesterday at Mile-end Turnpike fur a gen , t l ei n,,n to ji-i❑ them, the horse took fright and ran AWE . One laJy was thrown out, and bad a leg badly broken, with a compound &adore. She was conveyeii to the Lonclito Hospital. The other lady was severely inpued by a kick front the horse. LAW INTELLIGENCE. COURT OF CH A!kIOERY-Ju LT ?7. CURIOUS CASE. Ex parte HOI. YL A ND. • brinsfie. A commission of lunacy having issued, about sit years since, against this gentleman, be lately pre sented a petition to the Lien CY A ACCLI.OII. support ed by the affidavits of several respectable persons, which stated, that he had entirely recovered the use of his intellects ; and praying, that an issue should be directed for the purpose of trying the f.o. An order was made accordingly; and an application WAS since made, on the part or the persons having the care of the lunatic's person and property, that the CH A NCEL Los would he pleased to 'fired the trial of the issue to be had in London, instead of Leicester, AS before directed, or that the trial might be post poned until the next spring assizes. The principal ground of this application was, that Dr. Petro% who had been formerly examined on the inquest, by which Mr. Holvlan , l was found a lunatic, and whose testimony principaay went to induce that finding, now resided in Londits ; and, from particu lar circumstances, could not attend at the next Leicester assizes. Mr. Holyland having presented the present petition against that application ; Mr. Atill• sect, in support of the petition, urged, that the issue should be direded to be trio' at Leicester, as there were upwards of thirty wit nesses resideitt in that. and the adjoining County, whose evidence, though of the most material nature, Mr. Holv.end must be entirely deprived of, as his property was not sufficiently great to allow the ex pence of bringing them to London. He did not think the absence of Dr. P-rfe3 would be in the least prejudicial to the case of the opposite party, as he, nn the part of Mr. liolyland, was very will- ing to forego the advantage of cross examining him, and to allow his affidavit to be read as evide;.ce the trial, if the Court should so order. As t'• putting off the trial of the issue, until next spring assizes, a period of nearly ten months, he was con vinced his Lordship would not make any such order, as it would subjed Mr. Holyland to be deprived of his liberty until that time ; while it was vsitively sworn, in the affidavits of several reseedahle. ptr sons, that his sanity was pettedly reeistabhshed. Mr. Rost it:A, on the same side, submitted, that the issue should he tried at Leicester, where all the witnesses resi led, and that it ought to be had as soon as possible, as it was evident, both from the affidavits and trom the depositions of Dr Perfed, on the origioal let:pest,. ' Abet Mr. Holyland was now its his perfed senses..... The learned Dodos-, !,e said, had stated, that Mi. Holyland ryas perfeffly sane in every particular, except one, and that WAS an u iconieiterable dislike to his wife, as, whenever she appeared in the room where he was, lie always burst out into the most extravagant paroxysm of ma !nest, which, stele = s itnrnediately checked, w.iula very much endeneer tine personal safety of Mrz. Holyland i his only cause of madness was :sow re moved, as that lady ha ! died about three yea, s since, and of coarse, as there was no danger of ner ever appearing to trouble him again, he must now exercise his {acuities in the same manner he had done before the disase took possession of his mind, and there was no danger of a relapse. The learned Gentleman concluded by saying, that the present commission was of no use in the world, as the al leged lunatic was not t.ikeu care of if there was any necessity, by the persons appointed, but v.. 15 allowed to go about the world wherever he pleased ; however, as it was at ally time in their power to take him up and throw him into confinement, he hoped his Lordship would direct eat issue to be tried at the nest Leicester assizes. Mr. Potaise, xn the part of the Committee ap pointed to take care eT the person and property of the Lunatic, said, that he understeod, since the death of Mrs. Holyland, his antipathy with respeet to her was transpired to the other people, and, as the pro perty was taktin very good care of, and no danger of the lunatic's liberty being taken from him sr Icing as he concluded himself quietly, he thought the trial might be postponed until the Spring As sizes. The LORD CH A mcr.t.t:ot said he did not wish to continue the restraint Ctf a commission on any subjed, when there were grounds to suppose it should he removed; and though it often happened. that when the Cow t had renewed the restraint, they were afterwards obliged to issue out an other commission ; yet, as there was a doubt w e ther the man was et present a lunatic or not, he thought it best that the question should go to a Jury, and that the Court should run the chance of being obliged hereafter to issue out a fresh commis sion. The opinion of medical men was, in such cases, he conceived, very necessary ; butt he c..,e -titinly would n o t defer this business ten months longer for the opinion of Dr. Periled; as any other medical man, who would converse with him, and know the points in reference to which Mr. Holy laod was Lisette, might, after having an interview *lib Mr. Holyland, be enabled to give satisfactory testimony before a Jury. It it was necessary, he thought the affidavits of Dr Perfect should be read as evidence on the trial, which must take place at the next Leicester Assizes. Mr. Joeweros, for the Committee, signified to his Lordship, that he did not think they would waste the property of Mr. Holyland, by trying the issue The Loan Cnaecteene said, if they did not wish to go to trial, he should he informed of it on Monday ; as it was necessary some other affi_:avits should he made, before he could supersede the Commission. CrJURI OF KING'S BENCH, (4;11-DHALL,Juir , 27 Sittays da Niti Fries Win: Lord ELLINIOROUGN, and a Specie Jere. I YNCH and ovimis o. lIANICLAY and co. This was an scion brought to recover the sum of 383ti1. being the proceeds of the ship the Year Charlotte, and I er cargo. Mr. G A meow, for the Plaintiff!, stated, that they were Spanish merchants residing at Cad z, the De fendants were their agents in this city, and thi, ac tion was brou3ht to recover the proceeds of the ship in question, which had come ro the Defendants funds. In the year 1798 the Vr.w CAnrletle sailed Lfrom Cadiz for the West Indies, with a valuable eafs() a petio4 whoa this C'QUilU'y was at WU' Yr rth Spain, and in the course of her voyage was captured by a British man of war and caroled into haiilAL, where she was condemned as lasiful prize by the High Court of Adrriral:y. Baia'', warranted American property, b-longing to Messrs. Neal and Getty, of Roston, merchants and CitiZeti‘ Millie United States, an appeal was made to the Superior ! Cstirt of /I,lmiralty of this kingdom, and, after a s...rirris investigation. k appeared that all the docue relent% on beard the vessel werretited the conclusion that the ship and cargo were Americas property aud net Spanish; the Court accordingly decreed realm. tion to the owne:s, and watered :he captors to bring its the proceeds, which were received by Mewl. Foresiehr, Smith. and Co. of Halifax, and by them trensmitted to the. Dcfendehrs, on account of .Messrs. Neal and G pr it n ty li . ‘in w 4 h u o , were )h tliite. and so l m th il i ~. Plaintiifs, from America to this century, and r o t the ru,cipsla, as appeared by the c!ip's v ouch e rs. Neal and Getty falling into insolvent circumstances. the Plaintiffs attached the mohey in the :Defendants hands, who now refuse to give i: up; but upon what grounds the Learned Counsel was at a loss to guess. as he should produce several letters from the De fenifents, admitting the money to belong to the. ounces offering to opproprhre k in their use. Those letters being produced and proved, and . , other necesetry proofs pet in ; Mr. Easeiec, for the Defendants, observed, that Messrs. Birklay and Co. were the etroig iron chest in which this money was deposited. and it was only for the Court and Jury to unlock it. If one ten. tence, which his Learned Friend (Mr. Geaeow) stated, had caught his Lordship's ear, this cause must have been decided at the very outset. It was one of the most inipu4ent causes that ever came into Guildhell, and it would cut down all rule AA order, and all principle, if this Anion :meld be main tained. she Plaintiffs were Spanish sus j •fts, an alien enemy, at war with this country, and isad mask.. est this cargo u:ider the name rf N. al eni Getty, Citizens of the United Spates of A.rierice. *Dm invoice, the bills of letting. &e. were All ma 'e out in their nam,:. purposely to deceive the Admiralty, and , prevent their proceeding to coedemeetion. It had been said of that Court i.f Adinir.sh y, that it was all 6,11 which came to th:ir :let : tni; might be saed by parentis ignorant of the soh . ). a i test they had so maey and so much better opperataiers of knowing than this or any Court, the b:ii Its to which they were driven to c inceel pr ip:r.y. and the man ner in which it is masked ; the C. tun at Fairs ix was fully justified in the conderneation. In consequence of the application from Neal and 9atty, and from the representations which were ma le to the Deka:lents, they undertook to per vote the Ap peal, and the enlightened Judges who triad the cm e could not decide. in tine other way than they have doier : from the. vouchms i: appeared to be American iireper:y, and it was a wise and just . policy to psy the stridest Attentive to the CLIMB I of the subjects of the United Stites , wit e whom we are in ouch close bonds of amity and friendship. i . 'tile matter was so dexterou.le meeaged, throe the 1 Lords of the Admiralty were deceived; but if it lied item known, the captors would ccria;nly !se coil:led . . to re.tit mien : upon these gerund. thee the De;end ants must be li rid respaesible to th.. teteors. It this could be supported, it would establish ;he most fatal precedent, and we might lay all out ships up 1., nr dinar), ; the privetee:s need hover sail ou, of the har bour. if masked property WAS tO piss AS nene et. Lord ELLILMI3IIOI.32H—" My fsfiffi. ulty is as to the letter, saying, he would put the sum to the ere* die of his aceouie : this agreeme it clogs me." Mr. Eristime—" I take it, my Lore, the Plaintiffs must shew their property in me Vr en, Chartrfrre. 'Me sentence condemns her as the propeity of Neal and Getty. but it is siid they co:e'en:tit to the ep proprietien : this would be enougn tc) entitle the Plaintiff to recov:x ; but the question i , whether the Court can try this anion at all. • The Plaintiff is a subjel ef Spain, the property ;masked, and the Court imposed upon. Tire Defendants were in ige norance of the mask at the time of the letter specie I tying the sum, and Neal and Catty were then the 1 claimants t and if they were to pay the money over. it would be in breach of good faith wile the assignees of Neal and Gatti- ; but I put to your Lordship, Can this case be open to such a Plaintiff r Lord Eeeee coaousis ".6. I cannot see a pure party lwfore me, it is a most shocking and scandal ous fraud upon the captors. At what time was the :am brought ; was it in time of peace cat war I Mr. Ensema.—" Last Feaster i Yen, my Lord." - Mr Geitauw replied, the contract was made in time of peace. Ltd ELLAWSJAOUOII..—" Yon must sliew him to be resident in All enemy's country at the these." . 'Phi: pr weeding% of the Court of Admirahy being produced. it appeared that the centres, was made m 1791 ; the ship sailed from the (Mr( of Cadiz, in' time of War ; and the Pleh tiffs, \le •srs. Henry and Thomas Lynch. were then, and still eontinwed resi dent at Cadiz. Lo:J ELL EN111011101JOH.••••-" The C OTPTAO2 war m ide legrarde kilo; the edio.i was brought frotrode Arllo, and the whole pro..:edingt are ilafer.sta heao. It is a fraud attempted to be pranistd, and the Plaintiff must be noosuited." A lionsait was Accordingly entered. LUSIOCK V. ces.ocevv. This was an Anion upon a policy of insurance, on the schooner epreafeek, from Gibraltar to Marti. nique and ninia.d and back, with liberty to touch at all or any of the West Indian Islensfe. The So eicir u a•Ges it it •e, tor the Plaintiffs, said, this anion was brought spinet the un.lerwriter,. in consequence of a less wince took piece in the course of the voyage. The PI untie', wrre men of the first honou and integr ity ; they were the agents of Mr. Yosden, of Gibraltar. te whom the ship belonged. The loss happened in D4Ol ; and it was necessary, be thought, to account lot this great delay in the proceeemes. The Plaintiffs and Oefendents had '• put off the trial fi OM Lime to time, on account of the .eiserice of material witnesses. 'flue IJefen tants having made a most eetieus charge against the Assured, it was necessary for them to nave evidence to rebut that charge. I fict affidavit h id been made is the Court of Ex chequer. by the Defendant, who swore, that adviee having b en received at Llnyd's. of the lo,s of oho ship, is Rowe Bay, Gibraltar, an advice was .010 transmitted by hard Cochrene, corroborated by Captain Hood, both of whom were ou that stneiono •