The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-22 00:00:00

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,111111.1fia to potted With the trial, if it should be so agreed by the
11.1013SEREArt VAIRIBALIOT the tenant, eaid,he certainly should
shift as Ilan upon the trial until the Jury were properly im.
IllanneLled • and sworn. In en action like this, he felt justified in
atrailinithimself of every objection on the part of his client.
The oar Cures Jos/sec observed, tat if the trial did
pallpowl and a verdict should be obtained by the demander% in case
stallool error were afterwards brought, and the Court should re.
wand 'Web judgment upon the point now arguing, there might not
Yam In time for the demaridant to commence another action within
the 1110 years.
Mr. Juaticedaissutx—We may as well see whether there are
the proper number of other jurors in attendance.
:I'n•SECONDART then celled over the names of the Panel, when
only nine gantletnen itaswered.
The l.oen Osier JUSTICE said it was now quite clear that
the cause must go otl, owing to a deficiency in the number of jurors
iu attendance to form the Grand Assize. His Lordship would take
the liberty to mention, that this was rot • common case, but one
et great importance, and therefore, those who attendance was re-
laxed ought to appear. It was absolutely necessary that gentle.
wen who were suniinoned on such occasions should attend.
Justice could not be done if they did not; and the Court would
be under the painful necessity of severely punishing those who, on
being summoned for a future day, should not give their attendance.
The cause must now be adjourned to some day in a term that
was not an issuable one, as it was against the practice of this
Court to try a cause at bar in an issuable term. This rule had
certainly been deviated from twice, but those were cases in which
tie Bing was a party, and the trials had taken place at the instance
st the Attorney. General.
Mr. Sergeant BOSANQUET hoped the Court would appoint some
day in next term, es he had experienced very lately a moat serious
inpary by consenting to postpone a trial. One of the principal wit.
seam in the cause to which he alluded had in the interim died, and
his evidence, it was to be apprehended, could not be supplied. lie
thetefera was very anxious to avoid a postponement longer than was
absolutely necessaty.
The LORD CHIEF JUSTICE said that the Court was not dis.
posed to adhere too rigidly to the rule, upon its being shown by
affidavit that circumstances rendered it necessary that the trial
should come on early • although the Judges ought to be cautious
how they relaxed or deviated from the rules of the Court.
It was then finally agreed to adjourn the trial to the drat Tuesday
In next term.
_

'MO LORD Cater JOSTICE then addressed the Jury. You
will be then summoned, gentlemen, to give your attendance, and if
you should see any of your brethren who were to have attended to.
day, yea will have the goodness to mention to them what hu hap-
In consemien.Te of this trial bring expected to occupy the whole
day, [tone n( the Learned Sergeants came prepared with their briefs
to show cause against the rules Nisi that had been obtained for
DM trials. The Court, therefore, after bearing a few motions of
everse, was obliged to ri.e.
The LORD Clime JeSTICE expressed his displeasure at the
business of tree Court being thus delayed, and said that it was very
Ltely several things must stand over to next term in consequence
of this • but Its lugged to give notice that it was not the fault of
the Court, and that to-morrow they would strike out every thing
to vbish the ponies were not ready.
COURT OF EXCHEQUER, MONDAY, Nov. 21.

_
flit JUNG r. PZTO.
Is. CLAIM stated that this was • *tire facia* or bond for the
performance of certain covenants on the building of the Custom
House, which a short time ago had fallen down, in consennence of
the ray in which it was erected. The defendant had obtained an
order for a further time of a for:night to rejoin, and the Learned
Connie! hail row to move that that order should be set aside on the
ground of irreguinrity. The defendant had in the first instance
pleaded the patermatice ut his contract, to which the Crown had
replied on certain branches of it. The replication was given io on the
16:11 November, and a nutice of four days to the defendant to re-
ps= j le that if he did not on that day rejoin, the Crown would then
be entitled to judgment. The defendant, on Saturday, obtained a
rale for further time to put in a rejoinder, but no notice to that
'Fen bad been given to the r,olicitor for the Custom House. The
Learned Counsel tnerefore moved that it be set aside on the ground
of irregularity.
Mc TINDAL argued against the motion, and contended that
sufficient notice had been given, • clerk of the Solicitor to the
Custom House having been present on Saturday when the applica.
nem for the order was made.
Ao argument then took place as to the sufficiency of the notice
Ave..g The Court held the notice to be insufficient, and therefore
dinned die rule to be discharged • at the same time stating that
dm defendant's Counsel would succeed if he hereafter moved to have
that trial postponed for want of time to arrange the defence. Some
tab (Fitt.
ern bad therefore better be made between the parties to
jir. CLAJII stated his wish to accede to any terms recommended
Of lb* Court.
It was therefore agreed that the case should come on for trial
during the Sittings after Hilary term.
The bond on which this *cite factor is brought, is in the penal
sum of 33,0001. which sum of course depends on the ereut of the

ADMIRALTY COURT, MONDAY, Noviestax• 21.
THE PIRATE LA GATTA.
Sir G. ROnision appeared to support a claim made by the crew
tlis njudy'aesitter tin:clan to bounty (under the Act of the Gth
aedclap. 49) for the capture of a piratical schooner, with a
bests.
4.lfraappeared from the affidavit of Cowley, commander of the Gre-
cian, that the latter, being on the Jamaica station. was ordered to
cruise of the island of Cuba in search of pirates. After a search in
several creeks and bays, they learned that a French merchantman
had been captured by a pirate off Cape St. Antonio. The cutter
toiled in pursuit of the pirate, and came up with her on the 19th of
March, near St. John's River, St. Philip's Bay, Cuba. She proved
to be an armed schooner, mounting two 101 b. pieces, four swivels,
lac. She hart it company a felucca and two boats well manned.
IW= cawing near to the Grecian the schooner hoisted piratical
odium, and commenced a brisk fire on the Grecian, assisted by
musketry from the telucca and beats. After a few minutes' con-
test it arppearal that fire bad got to the ammunition, and a dreadful
eaplosion.took place on board the schooner, by which the captain
and 39 of his crew were killed. The mnalning part of the crew,
together with the crews of the felucca and boats, then made for the
*tore, but many were captured by the boats of the cutter, and 22
were taken by the Spanish authorities on the island of Cuba, and
brought to trial. Four men were killed or wounded on board the
Grecian.
The Act of Parliament under which this bounty was claimed
'specified that 201. a head should be allowed to the captors foe every
parson taken or killed on board a piratical vessel, and 51. for every
parsec who should be on board during an attack. The crew of the
(iteclen now claimed 1,2201. for sixty-one persons taken, or killed,
tan board the La Gatta ; and 2951. for fifty-eight persons who bad
)dned in the attack.
Lord STOWELL inquired in what manner the Act of Parliament
described those who should be accounted pirates.
Sir C. Rost xsor said there seemed a deficiency in the Act in
that particular, which may be accounted for by its not appearing
to have been introduced by a professional person. In the present
case, boiever, in addition to the circumstances he had stated,
these was the confession of some of the prisoners, who deposed that
the schooner was named La (hate, that her Captain's name was
Lubans, that her crew consisted of 120 men, and that she had
been toe some time engaged in seta of piracy.
The Court thought it certainly was a defect in the Act of Parlia-
ment, that it omitted to describe those to whom the character of
pirates should be affixed. In the C.1:4 before the Court, however,
were did not exist the slightest doubt. The Court, therefore, de-
creed that the claim of the crew of the cutter to 1,5161. should be
admitted.