The Sun. — London, England, 1803-12-29 00:00:00

frOIS the tOWDOrir O:4ZP:7TE, Dec. 17, I'Bo3. 11'40..07ce, December 27, TBO3. Zlinenkn Volunteer Cavaity. Edo: atinctent lilackburne, Gent, to be Calvet, Nice Lake, resist *I. Paull& Troop of Gentlemen and lemon , Cavahy. Creme, Gent. to be Lieutenant. 'Thomas_ Asheton Smith, Gent. to be Cornet. Plying Artillety Company of the Liyal London Yduntrer Cavalry. chn niacket, tsq, to be Captaiti-Litutenant. George Ross, Galt. to be Lieutenant. 11161.04.ginteitt of York IPilt Riding, Gentlemen and Yea. Watt 7 Cariaby. Edwatd Wallis. Gent. to bc Cornet and Assistant-Surgeon. jlorg CUM ta of l4.lunrot Sarnusl Smith, Gent. to bF Lieutenant. '! or IPotirrn Variation of Coitknest Volunteer foilantr y. Licutenant.:Colonef eointnatidant Sir lohn Batt.' to be Colonel. ensign lames Calder to - be Lieutenant. ohn Munro, Gent. to be Ettbign, vice Calder. 34, or !!'id and nun* Battalion Ditto. I)4spald, Miller, Gent, to bo Lieutenant, wets Staysley, re. stlntal Glarigou, Goiters Vol/or:co- Carpi'. i rn be Captains.,--1-lugli Love. Esq. David Bone, Vsq. Archt. Laid Loden, Ebq 1011 1 1 Wilson, 1E34 I Olin Reid, •E sq. be Litutenants lames Russell, jun. Qent. lames Pater. 'son,' Celit. \Valiant Craig, Gent. Robert Ilaylvd, Cent. Ileary'Russcll, Cent; john 111'Allaine,,Gent. To IN! David Culnertson,Gent. Arcilibald Downic, Cent. Andrew Belch, Cent. David Kay, Gent. To be Siareeon-- Cerkindale, Cont. 19.4/ Ifigheate VOldtotti latlttSlll9ol, Celt. to Kimtardirtfthire ramagee.t. Captain Francis Russell to be Major. George Silver, Esq. ,TO be Captain, vice:Kirkpatrick Barnett. To he Lieutenants-A:mit , * Rose, Gent. George Robcrlson, Gent.. A lexarnicr OrroCk, Gent? David Risme*, Mitt, Alexander M‘Nabb,.(7ient. — l O 1.y.411, Gent. • 'To Ensigns—l and; Cent. James Middleton, Cent. fames Mare, Cent. James liettur, Gent, ,Robert Williamson, Gent. To he Chaplain—Rev. Aletander testy. To be Stirgeon—William Voting; Gent. BA , Compaly of the 31 Regiment ej Lval Lank» Polittifrers. Thoinas 'Crosby Trcslov; Esq. to he Captain. Charlei Samuel ‘Vhintield, Gent. to be first Lieutenant. 4th Regiment of Leval Z.otrelln Lieutenant William Roberts to be Captain. Ensign Thomas price to be Lieutenant, vice Roberts Lieutenant Gogh, f'orn the East London Militia, and late of the 94th and Sad Vont, to be Adjotma, with the Titcvet Rank of Cap tain. Ambrose CilAle, Gent. tb be Quarter-matitc;. John Itideout, Gent, to be Assistant-Surgeon: 9th Regintott if Leyartandon Yoluttletr,t. • !Nip Anthony Brown to be Lieutenant. William Hatt.. king, Gent. to be ditto. Tote Ensigns —Williatn Tame!). Gent: William Thomp son, Gent. Robert Smith, Gent, To be Adjutant, with the Brevet Rank of Captain—Lieu tenant William Browne, from the Marines. To be Quarter-master-- lolui Halt, Gent. Mitch.gor,Polunteers. . . Ensign William Messenger to he Lieutenant, vice Woo ley, resigned. lames Guinn, Gent. to be knsign, vice Mes senger. .Nmishislling Volunteers. William Barber, Gent. to be hnsign. ad Rrop:let Pal:wool, • Thomas Ncwbery.. Esq. to be Lieut to enant be -Colonel.COM. mand..nr. Samuel Swinfca, E. Lictitenatit.Co. loud. tViltiam Blackall Simonds. Esq. to be Major. To be Captains— Sainuel ilawes orton. USq. Thomas Watlingtou, gt.q. John Blatuiy. rsq. Willi:an Williams, Esq. William Inaptly, Esq. gebtit I larris, Esq. Edward Valpy, Esq. To be Lieutenants--Charles bowel!, Grant. William Par. kyni, Gent. William Truss, Gent. Thomas Bath, Gent. joint Lamb. Gent. Tnonuni ‘Villtorion, Gent. lol u t Fredo riet Goodwin, Gent.. jaws Wright Plui.der‘ou, Cent. CieorAc Wix. j osslen, Cet t John ;Moore. Cent. Vibe Ensigns—Thomas Hallows, Gent. itichard i'etsltan, Williin-f:steplieLs,pent. SAW' Pialimeri gent., Belomin Wore, Gant. To be Kichani Vilipy, P.D. o be Ad.Vitsor Pilltu.gtuu, Gent. Tabe Q ,tarrer.master-- [)avid Leggar, Gent. To be f iiysieiaf —T bonus Stokes Salmon, M.D. To be Surgott—lti‘barti Sherwood, Gent. sirioeuhr4l4v , 40/mpueert. William w oo +. Gent. to be Lieutenant, vice Salktld, re. signed. John Cralvfokl ]ones, Gent. to he Letiign. 10. seph Birch, Gent. to no Ensign. Rev. Henry Cayii.dams to be Chaplain. tit South &Mao lialystcoott • Major Sir Cuthbert Heron. 'Bart. to be I.3tintenant.Colonel- Commandan;. Captain Joint Thotnpsoo to be Major. Lieutenant William- srnith to be CaptaittLi Lieuuttimt lobe Shatlfort it to be Captain. To be Lieutenants , —Ensign ktobart !lodge. Euslipz 0/WU= Nisue. tipiith Jonathan Cockerill. ChaplMn— key. Robert Harrison: stat be'Sori;coo—Tholnat. Mastorton WinterbOttorn. _ . _ . ist ge g ionew of Sort> l'clauttter. j„ finny. ar o bc it4t Lieutenant Itowle ionlat,vica Read, rett!giaxi. Finn Lieutenant William l oy, jun. Drake, tic- First I.4euteuaut )nines Ulm I:Scutt:Ault Richard Moncton: Pirft, Lieuseu..nts—Sccond Littiteinnt Thorna Fie. itning, vice jurdali. Second Lieutenant William Thorough. pad, vitt Foy. 5,.3;0red Lieutenants Matthew Doyd, vice Secoilit Liouteliou Tliclkeid, vice 431'40- dal). SCOIId Lieutenant Thomas t licrdzer, C ?Ft be Sccnnd Lieutenants—Thomas. BroOke, Gent. vice Roper, resigned. Henry illackbilna, Gent, Ti lo pv i s Williams, Gent. William Hooper, Cent. Charles , Cent, Jamcs Freeman, Gent. Robert Islowboid, John Ryecrott, Gent. To be giniter.master—fames Hardwidge, Cent. • ritt,Veldand F414147nt ragtlfterl. Captain lohn'hilisiing to be Major-Cultimandant. Ensign T 11011146 Monday lo be Lieutenant. • &Oh grist llnualivn,ojrbr N I of 11?ghz Polwitter.r. Witibito Robert R 411,16110, Gent. to bv, LiLutcliant, vice irsdej'ir;bart Wuntreri. Ensign George Writht (.rasvenor to . ba Lieutenant: vice Polhill, resigned. Thomas Ladd, Gent. to be Ensign, vice CliaSvennr. Wesiotroof,tic. Corps t/lunteer Infantry. "nsign Richard Lashatti to b Lietittniant; vice Bennett. re. Signed. Dexid Weston, Get. to be vice Lasliam. narviale Pciunkot infantry. Lieutenant Thomas Jaques to be Ceptam. • R tt AT I n Gazettes of 411 t Pante& and lath ult. , • E 115( and Mill! rock kw . James Henry Gent. to he Licutenaitt, reui John Henry Priere, Gent. to he Lieutenant. to be Ensigns—For John Scant, Gent. Joseph jo%, Gent. ti.cpry Wiggins, Gent. read John SCUrd, Gent. Joseph Softy, Gent. George Wiggins, Gym. The vicinity of Dijon has, fur a contiderable pe frodi been dreadfully infested by wolves, which c immitted the greatest ravages. It became neces sary fur the inhabitants to resort to some extract. measnres4ur the expulsion of these trouble. some visitants. ,At was aceorilingly agreed, iliac tit. `every euinimme a, general arming should take Islam This plan was immediately carried into ef. Wt. A pitched battle' ensued, and, as might he ntpeCted, terminated in the destrtglion of the greater paft*oltire- wolves on fi eld of battle. A French Journalist, givin g the particulars of the fritht, de_ t.cribes the viOory in terms which might not he sthisideted trio lofty fur the record of ti , e first tri 'utripltof Gallic valour on the shores of England. prottitiel the Wotiiii allow AVM iti tUA mine these witnesses in. the mean time. Serrant Letts observed, that he was present for his Brother Best, who was unwell, and could there lime" not agree to any thing in that situation. The Court, however, it) the mean time, granted - a Rule to shew 'cause.- SMITH ti. DICKINSON. I S This was an glint) brought by the Plaintiff, &tad dle.rnaker, to recover compensation in damages for. ' .an injury which.he had sustained at the hands of the . Defendant, the nature of which was this: , the .Plaint' tiff had invented an imptove:meilt in the method of fixing -saddles upon horses, by means of springs in - the girths,- from which he re:cessarily expelled to derive considerable prclfit. A connexion subsistO between the Plaintiffand the Defendant,vvho is eaten , tee, Of a quack medicine. The former communicated his discovery to the latter, in confidence, and soon after took out a patent, for it. Not long subsequent , , to this, in the year r Boz, the Defendant also took out a patent fo r an improved tpethod of making spring saddles. That of the Plaintiff was for an improve. mentin the girths. It appeared, howeVer, that th'e Defendant's saddles were precisely of the same con..'. urnaioti 32 those of the Plaintiff, and that the for mer had turned the confidence , and trust reposed' in • him by •the latter to his own advantage, by prac:- . tising the invention of the• Plaintiff fir his own prii4t, to the very great injury of tire interests 'of the 'said Plaioriic. • The damages stritaciied in con= =querte;,pt this fraudulent and iniquit;!us conduit, were lA,,t in the declaration at roool. order . to ascertain the ouperiQr,o;edience ~f•the spring sad., dies to the.common ones, and consequently the da. mage done to the Plaintiff, a veterinary Gentleman was" called, who said that he had been accustomed to have the care of horses. The loose manner ita which the sidale3 were in general fixed t,n the liacks Of horses; often did Writs grejir while the • stritines' with which Ow rths•wew :iLd an other , tinth . , not t rirreine.ntle ti,il very iw w m ri,ll daage to the horses in pitinging or leaping. All these conveniences were removed by the use ot.the spring saddles,' Upon the whole, it . was evident tint the utility . of these sad:hes was such .as rendered the demani for them very consiter.ible, and therefore that the Plaintiff must, from the condua of the Delendaoc in applying this discovery to his own use, ha v e sustailied considerable damage, The Joryfii i "" l . Verdict for the Plaintiff`—Damages 300 guincas• ' SHIP NEIPS. • (I:CAVES:44D, Ote. 27. ' Passed by; Rising States,. :-...—, from Cliariertown; GPerous Friends, 'annum, from .; Guernsey Esti. A", -. 5t . 11 ,. /1 ' from St. 1.14's Eolip lho. se, Smith, trout DuV fro in ; longe sins; . Fowns, from the E- Vrow A ling, --- from ' Dort ; rCeres, Bennett, slid. Liberty, Luckley, from L'isbort . Sailecl•—the lullus Cwsar, iliali - e, from Iviontserratt; Wt. of T4a,net, Gotidwin, from f amnia ; Speedwell, Henroq , , ton, 'tor Waterfurd; out Good Intent, Hendricks, for tmb.. 131R111. • At Eglinton , Cas eh tl4` the ttip inavints th e Right Non. Lady Nfont . gornerie, ore Son, whoe*pired a few hours aftcr his birth. MARRfED, Ycstetdak, setti n i g bt, at S cven naks, John Kem -Cp, Esq. Ptirveyor to the Forces tri putt District , to hartotte Bartrant, vi that place. . _ .• t . : -•'!, To T. TAY.I4IIt, Surgeon . Nr% 9, London. . .. silt, Edinbur;ll, Maya , 1 " 0 1.: • .••• • Spring IN ti l ,with indilfbr- Venereal Ccenplaint, which I treated New Bridge-street, ence for five months; but was then obliged . to, apply to a regular Physician, who put a temporary stop to the Vint lenceof Out Disease (by mercurial applicattons,l4br some, time; but ',lrOwillg, in spite. of all medicine and the advice of the first. Gentlemen of the Faculty he% worse and .• worse for. two years, I Was reduced:to. a state almostleper. up. paralleled and beyond description , being an entire and jitcerited from head to foot., --My head, throat,' mo uths' nose, - legs, arms, &c. have been alternately in danger ot becoming useless; 'in short, I haVe had from twenty TO,. thirty eating ulcers on mi. body, ' a nd nearly totally 'de..-- primed, of sight.---it. would be voluminous to particii la ri Le all my case--suffice it to say, there never was, or CC i M, will be, one of a m ore dan g erous, or of a more cornpl- c-xteclitaturef , I was long looktit upon by ri)y friends, an d imagined myself,. iriond 211 hopes .of recovery ; and, in- ' deed, lit - My' then condition, death Was 'preferable to 'my . mitre th°"'nliwable, state. ' In this dreadful situation did • 1 drag A most • rn:,4erable existence, till Diyino Providenpo threw in inv way a Newspaper containing the case of a Mr. 13: of , Plymouth—my friends mild it, I could not.--I sent and tuocured „some of pin. LEAK- Ws PATENT d NT I LLS, , which, by using from time to time, am now , an .have loci,; been, (after store than 'four y ears indescribable , distress), in as good a statc of health as ever I en j o y ed; as a • proof of this, 1 bia a tine, thriving, healthy child, born to : me a reW inbtilis .ie,o. In gratitude to God, and in ho ti pes . of rviiilerinA my tellow.i.creature service, 1 request ye to publish this ; and you nay at aoy time refers:ago "'ll.co ei..11 to be saiisii,:d of. the truth of this , or further part4''' culars*, to tri.. of Ow friends, h. letter o r Arbor." , end none A;,tew c i , ..:.,s for badness v. ill ever e qual P ile ' eN, ced it, I h, , ve. f l oat scgperientx c i i ery reason to aSSUre titu4nt,l, that tit ) our L I , _ A K C's P 11. LS they will tus sure, Speedy, sale, -and reakal C:tire, tot that most drts , '" fulfsNige Of the Venereal Disease, wnich is calla d a "" PL : 4 I i t 'is c ii i r 4 n u u E n s it . Ualtie family' reasons - prevent Maki n g i r k , 1. -r, dune ;nal aildress 4 Public ; but 'cullirables 'Persons ty ''''' Wanting info ntl3tirin may at,:o be referred, to me. and ttlf . friends by Mi s. S. Clark, itainsay-(;artless, Edinburgh,. l'r , :o:.e.d and Sold by fief Sole PrOprietot t .' T. TAYLOik, Member of the Royal Colleg e °I . au l e°n ' ~ in London, at hr; h .. o'Pla, No. New Bridge .street, Where . lie ,w 01 . ~ • ', ~ I v ice .wit ;Witt 4 fee. CO persons tak. iiig' th6d . I': ~ ..'..: will 'answer ;,atients letters, it post. piid,,ori 11:. ..... terals,"oh>tqving in a ll cases the most Inviolable se,. i .. . , u., , y - solVs name 1.1( case having been. hiAttieried, 1.,,, . • ~, I, :'..,.. part i cu l a r request, by the Pro prietor, ~d er.,.; 1:.:2 ... ~ t mora than thirty-sex years, that lie.haS h.L.I 1.1,: ,-.:. .! , '..!4-.4 of an extensive WC of the al), ve . Mezli.inc, :.:1.1 T-!: n;4.:ti,:t• arising therefrom . They are also said !..,,, i:i. Appointment, .ihr the con ve ' tlielice ot thOva 1iw.114 ;0: ;., t i,,,,t a ital, by Mr. • Baxter, ioit th- bridge, 'Etiolhit:gik;. , .Mr. Maedonald„ e r i n ter,. G las. , ee.', to wliont 2156 Mi - . T. 'refers for his address; at the t,"_,,,ei1.6n1er%-, Ne..ie;,' 3t. (I,lbait's-street, Pali-mall ; Mr: i'v'ectSoll'A Toy-5i1,..-1), No. 'O3, Oxtindtstreet ; Mr. Dis. OoroktAlt7s, NO, 7, , l'ish-strea-hill, nearly oPP°W e t h e , M° ' nutrtellt , ; Xlr.' Steel's, 'Itool,;;; - eiwr, No. 1, Union-row, ',nth: .C°Wer'-nill; 1 ' • C3ll".ellts,',l)uhlin;. and br arta person in every consikier:dde toe n . in 4.; rvat.iiritain : and irelaP d l i , l l l . tiwtcs <it only ts. 91. c:,,::ii' e se - r . tled up with full and Pi a "' direeilons, waLsreby 'pt.,rsints at'either Sex may cure;them. st i vvu• %tilt tatiC ii.nas,roXf . , .. N. Is. Erury L 11, ~: ' i ita in: Gteat Britaiil is iialect, up stltii a Starlit; -Ors \viii;h; by firma ot the COlTllltilol - sieners, is: panted, at tic.c Stainn-Otfice--" T. Taylor', ~ 1,'',1 6, News i4i,1gt...-.,-.:.t," to ittitiale which is telpny, ar# .'• a;1 othcrs are Cuunter:eit .....—...... N r r *:i~:~. r c 'f~ 1.0N1)0g: Printed I% . . I CIIANAN M'Mi ( 01110 %v-Strect , Covent•C;"e"); argil Puh;i•ltett ,hy ti.c! 1,4 AK MiGlia SptirPit tOt SOUth - Motton-strect; at-csvenor.sijnic); rapt-, Leiters I'm the Editor, Ice. (hit t/a id), At tht SurriOu JC r, No, $ I strUitft; where Atilt( rtisexentit o ' 6 ' l ivr.thc must be lititirmcd. LAW' RFPORT. COURT OF KING's BENCH, i)Fc. 24. JITTINGS LORD tI.I.I.NDOR4UGII AND SPECIAI. jtMlf.3, IN OVILDHAtt, I.OIpON. I.IAWHOOD AND OTHEM re/. LEWIS, ESQ. MR. EesKier stated, that the—matter in this, case for the consideration of the Jury lay in a very nar. row compass. He had no disposition to - declaim against any of the, Officers of Hit Majesty's Navy, for no man living was more sensible oldie important ,and meritorious services rendered to this country by those brave andgallanf metre; he only complained of a loss that had fallen upon his Clients, in conse. quence of an illegal an el authority exercised by Captain Lewis ; and if that ant Was not justified by, law, it mattered not whether the Defendant - thought he was justified in law or not ; it was nothing to the Plaintiffs whether he thought he was acting right or tuft. It was enough if he. hail no authority for doing the att. This was an adipn of trespass brought by" the - Plaintiffs against the Defend& t, to recover a satis. fatlion in damages for illegally detaining, for a great length of time, a vessel of the Plaintiffs' ealkd the Eliza, in Port Mahon. This .iies,el had been fitted out for trade in the Mediterranean, and had been fortunate enough to take a prize, and the prize of that prize, and carried them two Ca gliari, the _r a. pital of Si rdinio, In consequence ,;t that, a repre. sentation was made by Mr. Jackson, of the. Plaiiititt, who was upon the spot, to those who re. presented His Majesty in that partktf; the wosld, to the British Minister,: and to Lord Keith, and hy, that means orders were given for the restion i c m of those prizeti, • , Bet owing to thi French rak:og pt,s. session 01 Leghorn; it became necessary for the Eiiza to put .inur p 9 rt ,Mahon, and there the found iii;, Gentleman, Caps. Lewis, who commanded His Mti_ jetty's ship the. Minotaur. 'lwo. persons of the name o f G r ay and Roberti, had some time before that been impressed in the Eliza, and carrit d oll.board the Minotaur. The loss of these men was a sufficient loss to a Merchantman, without seizing the. ship it. self. After the Eliza was. prepared to go to. sea, and had aC3ualfy sailed out of pert, sliewas boarded, by persons sent...in a boat .by .Cape. Lewis, and the Captain of the E za, whose name was Dun, was brought on board Capt. Lewis's ship, and waA told, that unless the wages .that were due to thesetwo impressed seamen were paid, and their, clothes and tools returned to them, that the &liza would be de. tained. This Capt.. Lewis had nothing to do with. It was a matter entirely between those two men and the Owners, whether they should recover their wages and'their property. Capt. Lewis assumed to himself an authority which undoubtedly did not be. long to him, to detain this vessel on that account. He soon found he had no justification for ,de ta j o i„ g her. He pretended that he had atted , under the or. ders of the Vice Admiralty Court :.that Court had no right to give him any orders. to detain that ship. That .was under preteeee that she had on lidera a deft: Wive letter of marque. This defectwas merely • made,a stalking.horse, and an ex/tattled() justifica:::: don far the cooduel of that Gentleman. The vessel ‘ 4 4 , ) d era i 4 ed seven moths, and it was for the loss sustained by that detention that 'this ailion . was brought. Capt. Lewis had pleaded a number of things in his , justification. The Plaintiffs had ad ulated all the fans, and said that they did' not amount to. a justification in law ;. but the decision of that question was to be left to the consideration Of the Court of Klug's Bench. He should prove the adt of detention. This was in its.peture,merely 4 writ Of iiiquirrof datnages. Thef Defendant could not possibly go into the nature of these pleas by way of ositigatinn of damages ; and for this teastei, that it was a, rule a law that nu matier'could he al. ledgesi in; mitigation of damages, which, if Pleaded, would amount to a justification. Lsrd ELLEttttoßovott said, he mold take no no. tice of these pleas sitting a t Athi Pri Ns i but only of the 'naked 'general issue; which was the issue he was to try. Mr. ERSIC INS said, he thought this might. be very properly decided before some ptivate - tribunal, ilial that he was then perfatly ready that it should rake that conrse. _ _ _ Lord ELtarlDotouGH said, this was merely a' writ of inquiry 01 damages, and that 'quirt Lewis Was responsible tOr all the damages. Capt. Dun, the Master of the Eliza, was first exa mined, and proved the lath stated in this .opening. On hie cross:examination he athnitted, that if the wages Of these two impressed seameraad been,paid, and their clothes anti tools returned, that the Eliza might have sailed the next hour. it was also stated, that the letter .of marque was not renewed when Capt. Dun came on boatd the Ship.; but the old let• ter of marque watt indorsed over to him. Lord Eut i l NNOROUCH said, he was not prepared to say he had a ti4ht to atop her because she had not a letter of marque. • Capt. Dan said, he told Mr. Jackson, that incase the money was paid to these two people, that the : Vessel might go. One of 'these men was the Ship's Carpenter, and had left a box (Stools behind; which was also insisted upon. Mi. Jackson said he would not pay the money at that time. Capt. 'Lewis sailed in the Minotaur, after this, in a day or two, for Egypt. file next witness was Mr. Stewart, the Mate, who said they were ready to go to sea in the begin. nine of November, 1 goo, and were prevented tram sailing, by Captain Lewis ; they did. not sail 'till the 2 Ural June, tf3ot.. Thornas Orkwart said, he watt a ship's broker, and knew the. Mir!. `fle believed site was of the burthen of 'one hundred and' ten tons; she- had eighteen men on board. Vessels were hired In the transport 'Smite at thirty shillings per ton. per month. rt was much higher ill foreign-ports, but how muck he did not know. 1.00 ELLFNBOROVGII said the Plaintiffs had not shewn ail thing hut a momentary detention. 71 , 1.ey could only be entitled to noutinol damages.. For any thing that appeared in evidence, they might have sailed the net- Mr. GAMOW, leading Counsel for the Dzfendant ob•Trivcd, that it must be rnattcr of aito'nishment to set , that his Lordship's valuable that of the Jury, not much less valuable, should be occupied in the trial of this Trumpery and infilmnos :cam: lie said, be , called it deliberately by that nadne. The circumstances of it were utterly-disgraceful to the administration of Justice. The Noble and Learned Judge had already intimated what-must be the end of it. ,The Defendant cannot justify what he has done, and therefore there must he a verdia for the Plaintiffs with nominal damages. His apoldgy for addressing tiers at all was thisotO request. them, that by the verdict they might give such a denomi, nation of costs as to mark the feelings,of their mind. The very respeftable Persons who attended (Qfficers of the Navy) boAcoold not examine for the purpose for which they were called ; namely, to shew,.that whatever might be the stria law, which the Jury must receive from the Noble - and Learned Judge, that whatever might be the strict Law, the, universal ,understood praftice, the uniform course of the Navy was, • w,hen- seamen were about to enter into - the King's Ships to endeavour by, all means to get their wages, and every thing that belonged to them - from the Master of that,mer. chant ship (int of which they were pressed. - And. it' tvoudbe extremely dangerous if the. Captain-of the King'.s Shit) did not Obtain at all hazards ever belonged to those.men. There. was not a more meritorious -Officer in Ht IVlajesty'a Navy than Captain Lewis; and he wes obliged to attt as he did, even at the hazard of being, ;brought into a-Court of Justice by a crimp at Minorca. Ir wouq be ex tremely insecure to go to sea, it wou;.! ht extremely dangerous oo go to sea on any expedition, and it - would_ha ve been extremely hazardous to go Fitz that set.. ice, in which Captain Lewis was then engaged, which he !‘ad vet distinguished share in that glorioth 'at tke Nile. It would have beeb very pc, , : . . sea with a crew,, a considerable oi !lad been impressed from merchant, it • , I sims unsatisfied, and who were tu.: : ...in the' power of their Com.. :CC tho,se claims. It wc , uld have been dangerous to have .sailed with such crews, under a full persuasion. that their Commanders had paid no attention to these claims. .What was the nature of this case ? Two men have been pressed out of the Eliza ; their clothes and a chest of tools, are on board, and their wages are unpaid. When Atrare going out of port in that, situation, Captain Lewis sends a boat, to s top them till they, settle with these two men, He does that which the law of the country will not justify. He did not ask that. ver. diet. But in the case of these poor fellow: , , whom the owner ought to 'have pekd, Capt. Lewis only interfered in order to procure for them what was their just'demand. lie trusted, in this case, in order' to matk this aflion,. the Gentlemen of, .the Jury would not give; one shilling, which was the usual ,s4rn in , the case of oominal damages, htit ~ thet they would only give one farthing. . • Lord ELL N BOROUGH observed, that this was an • :iffiest% of trespass, to recover damages for detaining, - at Port Mahon, a schooner, called the Eliza; and if this had been an injury, received under circuits. stances of oppressioh and harshness. against the Master, he - should certainly have advised the Jury, and he had little doubt that they would have at. tended to that advice, to have visited the case with considerable -damages. But, said his Lord. ship, let us look at what this case is : the-Captain of a Man of War impresses two Seamen, and tie. !tunas theie clothes lod some wales that:were due JO them; he sends his boat, and fires a.gun for them to heave to. There was also a box of tools belong. bloc) one of them on board ; he told them, malest these articles tvere delivered to the its ene-and their wages paid, he should detain the vessel. - The de. tendon at that time was only proved inievidende. But it did not appear that 'any' man was put on board, or any measures taken to detain her, - and that she might not have sailed the very next hour. The Merchant says, he would not pay at that time. In a day or two, or in three of four/ days, at most, the Captain of the man of war sails. This aaion was brouglst to recover damages, and special damages were laid, in being prevented- to sail to Cagliari, - to bring home their rites. His Lord s hip sa id, O ne 'could not .help suppo6ng this aftion, was • bieught with -a view to' avail themselves 'Of the preitultees that might exist against persons-armed with these authorities, and with the hopes, of having this con. sidered as a great abuse-and stretch of power.' And, 'said his Lordship, if we were to have anions brought , for every man drit was pressed, rind every gun that was fired, under such circumstances, by the-Captain of a man of wee, -there is not one of .she honourable persons who bear his Majesty's commission, and who do so much honour to that-emmmission, and so much service- to the Country, who must not 'min a jail : For there is not one of them who would .not ,becovered with trespasses from head to font. This is' for be considered - as a case of nominal 'damages. There was no stria. legal right-for-she Defendant ter' ati as he did,' and therefore your verdkt must be for the Plaintiffs:—Vetdin for'Plaintiffs is. (The damages were laid at too,0001.)- COURT OF COMMON icwp.x'!v. uo OD N GTO N. Serjeant SIIIPTIERD, in this. case, moved for a Rule to phew cause why an order of Mr. Justice CM nM as a should not be set aside. Thii was an aCliorrfor usury which was-formerly mentioned. Pefendant, a Weat.lndia chant of.rMinenef;' had, as was stated, •lent money to the Plaintiff at'usurious interest. The Plaintiff, therefore, brought his aCtion of ?Ai; ram, to recover. the penalty and retain, the principal. When , the: cause came on, the Defendant obtained 'an o9ler front Mr. justice itiwre, wl6ch•was afterwards sustained by' the Court,- to be allowed eight-days -to plead. Bus !titled ' that time; the - Learned Serjeant stated, t h ey had applied to Mr. Justice CHANta e, and obtained a further delay ot. one Month. • This; he contended, waiutterly unreasonable. The •Plaititiff had two material witnesses who,- in all probability, - might be called to the West Indies 'ii th e mean time, ani he ' could neither examine nor subptina them 'while the order was in force. H e stated, however, that they had no objettion to the delay,