The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-22 00:00:00

COURT di

Siitinzi at Nisi Pries &Are Mr. Yagstirs sissaat,
and e.Spe.cial jta7.
ToutAND iiii.Dinsos wed DINER,.

Serjeant Sisseneau stated, this action was
►rought by the Plaintiff. the owner of the late ship
didnia, on a policy of insurance given by the Defentia
sat, to :acorn the value of the ship and cargo.
which were lost going from the Cape of Good Hope
to Monte Video, having been run ashore on the
coast of South America, by mutineers. He did net
perceive what defence the Defendant could set up.
He would prove that every th:rg in the power of
man was done to prevent the mutiny r and every
exertion possible was made use of to get her of/
after she was ashore. He felt configent, when he
had done so, the Jury would give a verdift for the
Plaintiff. He then procesdeci to exatwipe the wit-

Captain Gunn, late Captain of the ship _tingle,
deposed, that be sailed from the Cape of Good
Hope, in the ship Abeonia, on the 11th of Novem-
ber, 1804. His crew consisted of 9 Englishmen
ano Spdniards; he had also on board 4 English
passengers, and 9 Spanish Officers on their parole.
passengers, who, I.e und-rstond, had liberty to re-
turn to Monte Video, their place of residence. He
i got an order or liceose from the Governor of
tie Cape to that effeft. Between 4 and r o'clock
en the alarltillf of she 244 November, witness beard
a noise on deck; supposed it to be the oltwfx of
the deck, the second mate, chastising a lad that
was often unruly ; wont on deck; aaw the snout'
mate on the Tin,in deck knocked down, and three
men over him. stabbing him with knives ; gave the
alarm of mutiny ; sr.sw one of the Spanish pasaeugers
coming round the bow of the long-boar with a
dirk in his hand. which be held in a threatening
• manner. Witness attempted to go down in the
cabin to get arms ; was seized by another Spanish
passenger, with a dirk in his hand, which be listed
t., stab the witness, who, in attempting to ward off
the blow, received a slight wound in the lower part
cif the belly. He knocked the Spaniard down,
gained the cabin, and armed himself with a pistol
aid a cutlass. The English passengers also aimed
themselves ; they then tried to get upon deck, bud
were prevented by the mutineers, who had battened
down the companion, which they tried to break
open, but without fife& He saw through the ere-
vices of the companion, that the mutineers were very
busy in working the ship, ant had changed her
Course. Witness supposed they were about forty
miles frormthe land. Neat day heard them hail the
shore in Spanish, which Was answered; perceived
a sail from the cabin windows about three-fourths
of a mile a-stern, and observiog her get under
way, they made a great noise sad confusion in the
cabin, to draw the attention of the mutineers from
her. The latter, however, soon perceived her, dot
the long-boat out, put several Dunks into her. and
left the ship, which struck on shore imme.,
diately after. l'he people below then broke
open the companion-way, with the heavy end
rat a rile, and got upon deck. Finding the scuale

Vq.
of the forecastle battened down, they knocked the
battens off, and released the Second/date and seven
of the crew. The ship had at the time lull sail on
her. The hing-boat, with the mutineers, reached
the shore, where there was a number of horsemen
collected; Witness saw the boats from a ship uteri:,
coming towards them, which proved to be His Ma-
jesty's frigate Militia. Every possible effort was
made, with the assistance of the frigate, to get the
Abeenia off, until eight o'clock next morning, when
the Captain of the Medisa ordered that she should be
set on tire, which was done to prevent her falling
into the hands of the enemy. The Witness and
remainder of the crew, with the English passeni;ere,
went on board the frigate.
Crotr-rfamineel t, Si:feting BUT.
' • - -

If he had knot% Li the Bpaiusit passengers were to
Ise ..delivered up to General Betesford. at Monte
Video, he would have been•rnore cao:tous, and
would have examined their chests and trunks for
arms. He did not know they were is be delivered
up i the license horn the Governor expressed that
they were prisoners on parole. and they were to de.
liver themselves to Mineral Here.tur,t. who was to
have had them exchanged tor British officers of the
✓tame rank. He bad seen them on shots at she
Cape, walking about without any restraint. Mr.
Hopley, part owner and supercargo, told Morn
he had received a license from the Governor.

Mr. Harp, midshipman, who was first mate of
the Abeonta, conobarated the evidence of Captain
Gunn. _

Mr. Pratt, Commissary to the Army, one of the
passengers,aorroborated the evidence of the Captain
and Mate, and also stated, that the conduat of Capt.
Gunn had been perleialy cane& and that he treated
the Spanish passengers in the way that all prisoners
on parole are treated, that is, without restraint.
Lieutenant Hayden, of the frigate, then proved,
that every exertion was made use of by the crews
of both ships, to get the agleviia of, and it was nut
until every effort proved fruitless that she was set on
tire, and then it was done at the command of his
Captain, the Commander of the Afedeas frigate.
Serjeant Beer, on behalf of the Defendants, stated
that the Mgt ground which he would defend this ac-
tion upon. was the condudt of the owner and master,
in taking three enemies on board without informing
the underwriters. He would prove to the Ju►y
that those men were twought on board by the Su-
"peteargo, Mr. Hopley, and the master, Captain
Gunn. Chet' were neither ordered, er sent oa board
by the Governor; but one of them applied to the
Governor to allow those Spanish prisoners to go
as pilots on board, and they would be answerable for
the safe delivery of them to Gen. Beresford. Where
men teem on board in such a suspicious situation.
it was the duty of the Master to have bean cau-
tious, and not to have allowed' them to come
on board with their midnight daggers ; the
daggers of assassins. It was the first time he ever
knew prisoners to be allowed side armi. On this
ground alone he conceived the Jury ought to give
their verdiet for the Defendant, but if they thought
otherwise, he would state several objettions, which
his Lordship might have argued then, or rams them
for a future opportunity. First—The Declaration
am that's the lots to the mutiny of the crew, which
was not the case, as it was owing to the mutiny of
the Spaniards. Secendlye-Ad trade to the South.
ward of the Cape of Good Hope, beloneed
lively to the East India Company ; and Buenos
Apes was to the Southward of the Cape.
Thirdly—By an A 8 of Parliament, 9th Queen
Anne, chapter 21, the trade was granted to the
South Sea Company, but they could not benefit
from it without the consent of the East India Com-
pany. Fouttlily—The policy was illegal, a it was.
proved, that the vessel commenced to take part of
the cargo in the first wick of September. and that
was before the Order of Council, authorising a
trade to Buenos Ayres, was confirmed by the Adt
of 47 George the Third, of 17th September. Much
as he respected any Order of the King and his
Canted, he would say, they had no right to make
an Order contrary to a legal #8 of Parliament.
This our Const.tution had guaranteed to us.
He then read an effidavit of General .Sir Ihvid
Baird, the late Governor of the Cape of Good Hope.
and now residing iu Scotland, stating. that he was
applied to by.vither the owner er captain of the ship
aehronia. at the Cape, for liberty to take the three
Spanish prisoners to Monte Video. as they wanted
them for pilots. He granted the request, on con-
dition they should be delivered up' to Geheral Be-
resford, as prisoners of war. Some time after he
was applied to for a positive order, to say they must
be taken on board, which he refused, and stated his
reason for so doing, which was, that he did nut care
whether they went or not.
Serjeant Beer then proceeded to have part of the
log-book read. where it mentioned, that the ship was
run en shore by the Spanish prisoners.
Serjeant Streeessas replied, in a very animated'
speech. He adverted to the affidavit of Sir David
Baird. and then reacithe license which Mr. Hop.
ley got from Mr. Smith, the Secretary of the Go-
vernor at the Cape of Good Hope, stating, that it
was on a memorial of the Spanish prisoires that
they woe permitted to go to their friends and coun-
try, and that they were to be considered as prisoners
on parole, and they themselves were to deliver
themselves up to General Bereafthd, who was to
have them exchanged.
Judge CNA:stone, in charging the Jury, recapi-
tulated the whole of the evidence, ■nd observed,
the Jury had ant any thing to do with the points of
law, which would be argued on a future day.
The Jury returned a verdia for Plaintiff with
casts.

Late on Saturday nigh*. Lord Muc sent
elf. by owe of the Admiralty Messengers, a copy of
the Dispatches from Sir Stones SUIT', by Cy-
Lain Yso to Windsor.

Our Correspondent at Deptford informs ns, that
the greatest exertions are making there to fit out
transports for the Expedition.
On Thursday last, as a son of Mr. Sr sirrros,
&clacks's'', of East Grinstead, Sussex, was stansfing
at tho window, making pens, a young man, about
sixteen years of age, belonging to one of the inns,
came by with a gun, and, without speaking a word!
pointed the piece, and discharged it full in his face.
the consequences were dreadful s one of his eyes
immediately NI on the floor, and he was taken up
in a must diemllul situation.

11.10 E.

tow-svittar.
Yesterday a case came under discussion of very
considerable importance to the coal trade. particu-.
larly to those reha keep sheds or warehouses, as
well as to those classes of society who purchase
the.rscoals in small quantities. If the conviAion
unitit, be contirrnee by the t;essions, the price of
coals sold in SMali quantities must unnecessarily be
tnhensee.
Mr. Thorns; Hubert. a highly-respeftable coal-
merchant, who keeps a large and eattesive ware-
house, for the sale of coals by retail. in St. Ann's-
street, Westminster, was summoned before Mr.
RSA o, upon the information of Alexander Tolloch,
a Meter for the city of ‘Vestnaiaster„ charging him,
under the 47th of His present Majesty, with hir-
ing caused to he driven away, in a waggon, from
a wharf in Little Abingdon-at:ea, Westminster.
belonging to the Defendant's brother, Mr. Henry
Hubert, twenty-eight sacks of coals, exceeding
eight bushels, without having been measured in the
presence of a labouring Coal Meter, and by such
bushel as is direfled by the Statute in such case
made and provided. and without such Meter's
Ticket, the coals being 1,3 d, or to be sold.
Mr. Corny attended fir the Informer. and called
a labouring Meter, who is on duty this month at
Mr. Henry Hubert's wharf; he stated, that ea the
10th instants twenty-eight sacks of coals were
loaded from a barge belonging to the Defendant,
Mr. Thomas Hubert, and that Mr. Henry Hubert
told him they were going to his brother's warehouse.
—Mr. Cuss? contends!, that, according to the
letter of the law, thetoals should not have left the
wharf without first undergoing wharf-measuremeat,
or being passed through a bushel measure, and
paying six-pence for every twelve sacks.
Mr. k•sri Hasse, for the Defendant, staled, that
the As of Parliament under which the present in-
for matron was laid, was passed for the purpose of
securing to the consumers of coals full measure, and
nut for the putting of sic-pences into the pockets of
Individuals, nor for the harassing and persecuting
respeflable tradesmen ; there was not erns AU
insinuation by the priKipal meters, that the De-
fendant, in &Stint according jo the universal cuttons
of the trade, had any idea he was doing wrong, or
had the least intention of evading the Ma of Par- i
Lament.

The Defendant is owner of a great number of
barges. loads them from colliers which he has pur-
cna,ed, and keeps them at his brother's wharf,
where be sells them to dealers and consumers by
chaldrons. Defendant has a large warehousk,
about three or tour hundred yards off, where he sells
coals by retail, or in halt bushel*. pecks, and halt-
peeks, in measurer duly standard. For twenty-five
years past, he has been in the habit of I:alloying his
coals from the wharf to his warehouse, ad Warn,
as it suited him, in away well known 1:4 the coal
trade, called, " filraway,' or by tlie coal-heavers
purring any quantity into a sack they think ;rooter,
no mra.urament being necessary, ft being merely
a removal to suit the convenience of the owner,witk-
out any regard to the quantity to be removed; it
they were measured it would only be loss of time and
unnecessary expense incuired, by paying for the
metage, as no good tabled would be answered, for
when t►e coals get to the warehouse they are ow.
loaded, and mixed with others, and are then to be
measured in small quantities. as settled by the At
of Parliament. Under all these circumstances.
Mr. Esrinassx very ably contended, that coils re-
moved in this slay by the Defendant, and by all
• retailers throughout London, could not be con-
strued, under the At of Parliament. in the 100tb
clause, as " coals sold or loaded to be sold." The
10241 clause expressly provades for the regulation of
coal warehouse.: or sheds; it therefore could not be
the intention of the Legislature to measure their
own cJals when they removed them from a wharf.
Mr. Ra • D said, he was afraid the letter of the
Ad would oblige him to convid, but as his decision
was not likely to give satirfadioa, he should not be
displeased if it were appealed against. The penalty
was 101. The Defendantof course. appealed.
Another information against die Defendant was
gone into, under exaaly the same circumstances,
smapting that the •coals Were taken from a ware-
house on the wharf, rented by the Defendant of his
bs other, for the purpose of warehousing eels when
he wants to empty his barges, or to store coals
when they are cheap. In this a mere Racial con-
•i@ion of 40s. was given.
The Prosecutor made a number of other infor-
mations against the Defendant, but gave them up;
in fad, he may have thousands against different
tradesman, it the Afl of Parliament is to be con-
strued to extend to such a uniTersal harmless too.
tons, merely to put a few sixpences into his pocket.

NAVAL 1.1.1 BLLIGANCE.

PORTSMOUTII. DIELTe.

Arrived the blowsier gun vessel, irons Monte
Video ; ,he sailed with the convoy under Admiral
Murray, and parted from them two months since.
This morning sailed His Majesty's ships Mino-
taur, 71. guns, Admiral Sir Charles Cotton; door-
Loa, 50 guns, Captain Gawler ; La Nymph, 38 guns,
Shipley ; Nautilus, 18 guns, Smith; and Itielertek,
18 guns, Lieutenant Leach, with upwards of fifty
transports,having about 6 thousand troops on board,
under the command of General Spencer.

PLYMOUTH. DLC. 19.
Admiral Murray's long-expeded squadron, with
the troops from Monte Video, are arrived in the
Channe4 in a distressed state, having suffered much
by the inclement weather, as well as from want of
water and provisions, they were reduced to half a
pint of water a day. When they came into the
chops of the Channel, provisions, &c. were imme-
diately urdered•on board several frigates, and the
wind being favourable for sailing, no doubt they
were soon relseved.

Sailed, with water and provisions, to relieve Ad-
miral Murray's homeward bound feet, His Ma-
jesty's shipsPiever, le; Druid, 18 ; Pomene. Sti, and
Ahnes as, 34i; with the Snapper, gun brig.
A report is in circulation that Ceuta, opposite
to Gibraltar, is taken by General Moore.

Dt• 1., DEC. tO.

Remain in the Downs. His Majesty's ships 'busty,
Puncest of (have, godle, liantercr, Osprey, and .Sps-
eadalgr ; Harmony viausller, and several detained
vessels.—Wind S.E. foggy.

MAItICATS.

CORN EXCHANGIE, Dec 'l.
Tha fresh arrivals of Wheat this day 4114.. 1110 i sop* tuba,
considerable; but this trade supoorts the p, i‘es quote/ The
supply of Batley is large, and, with Malt, incline logrie. his
and 11.!ans, of the twu desctiutions, keep their paces
is a unickllnig supply of OJts, and this trade,' named at • snag
advaiwas in price Li Flour but little variation,
CURRENT PRICE OF GRAIN.
Wheat........ 411.. tiOi. 744. Tick ditto (U 4) ....Sas 59.
Flue 4..
.......75,, 75.. Oat. ..... WI, 425.
Rye (New)
Barley 40.. Putatoe ditto ••• a•••• •• • 445.
Malt (Old) ....... (.3 Rape ...... 224.
1.'.1(15. 16 nVine due.
Gres
0.1 8 64.

113C11141111;E.
The Cons laspectm% Reture —Thorsdsy, Dec. ir.
'Meat, per lood l6l 48 Bpi
Ridgy. per quarter 4O. to 4:6t
(Ms B4. —4 to 40.
New Beans to As —4
Old ditto 4lls to 64:...4
Pease .......• • . . ...... 62: —.l in G 4. —d

■ap.'

I HOPS.

reersql.
ICput ..,...Si os to II Gt
I.wiscoc —4l 16. to 61 Qs
Frelth.m Po (0101 Sr

' ANU SfRAW,
IDAT.

wwwieseawat.
Hay 4ll 101 to d 1
New . 'l4 to tti -.4
CUM •••••• 101 to 61 166
Swage 6 11 It§ it) 91