The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-02 00:00:00

IN DI if.

INDIA GAZETTE. Nov. 3, tenll.
Previous to the departure of the lietsep from
Prince of Wales's Island, Captain Grant, and the
crew of the Strathspey, arrived there, in the ship's
boat. having been wrecked in the Straits of Co.
long. The Malays had compelled Captain Grant to
give a written declaration of tile surrender of the
ship to them, His Majesty's ships. the Carairae
and Harrier, were dispatched immediately, to re-
cover, if possible, the Strathspey. The Dutch
prizes remain at Prince of Wales's
Some difference had taken place reopening the
bargain of the cargo of captured spices, on whi.h
account it was said, that the Dutch lndiaman.
Vac 4a, and her cargo, would be sent to England
by the captors.
We hear thou each of the gallant Commanders,
who captui es! the Dutch squadron, will share about
, 50,0001. priz--money, and that the share of .easir
seaman will be about 4001.

The Pallas frigate was titting out for a cruise off
Manilla, m conjundlion with the Grejtound and
liarntr.

The Retali.ition, prise to Its Majesty's ship L 4
elaignerte. Captain Duet-, and 1 ttely odd At
Prince of Wales's Island, had been captured on the
Malabar malt. plundered, and subset:in:n:ly set
fire to and burnt by a French privateer.

IL is confidently asserted, in well-informed circles,
that Mr. G CAIMING has siElually appointed Mr.
well.ltnown fir his p_arodies on thontras
and ethers. as Minister tii the King of PRUSSIA, in
the room of Lord Mr cnimos. _ _

Last Sunday week an operation wit performed
upon Mr. PAULL'S leg, but not with the wkhed-for
success; the consequence was an increased inflim-
mation during the rest of the week, which advanced
so rapidly, that on Saturday last the Surgeon was
obliged to lay the front of the leg open : the fresh
wound is doing well, and the small splintered bones
will be speedily extrafted, and a cure, it is hoped.
effected.

We understand that almost all the parer mills in
Scotland are idle, on account of the journeymen
having struck work for an advance of wages. They
got an A.:franc.: of ss. per week about this time last
year, and now they refuse to work without a further
use of 3s. per week. It was recommended to them
by their masters to apply to the civil magistrates,
who would sanaion thtir adv.., if tl.ey ce.uld show
cause why it should be so; but this they J. chord,
tru,,ing to carry their demands by corripulsiuu ; and
they have ch•sen a season tsar it when they think
they can minis: Weuaselves by being twined as
, abourees.

LAW INtIftLIOESCE.
COURT OF CHANCERY, M,PPI DAT. GNUS 1.

Ez-perie JOH rsoOl, a Bankrupt'.
The Petitioner, Mr. Johnson, the bonnier,
movvi the Court, through Sir Sa MCCL llomit.ty,
t be discharged out of the custody of the Warden
of the Fleet Prison. on the ground of having been
taken, by the Depu:y Warden, sc.the time back, as
he was re:urning from his examination before the
Commissioners of Bankrupts, before whom be at-
tended, under and by virtue of an order from the
Lord Chancellor, for enlarging the time for hit snb-
mi-sion and examination, the forty-two days al-
lowed for such examination, by law, having elapsed
berate he had finished such examination. The im-
portance of this case to all the unfortunate class of
bankrupts, is great, and the circumstances of it in
e.emselves are interesting, in ie :ouch that Mr.
Justice Le Blanc sat with the Chancellor to deliver
his opinion as to the law pat t of the question, and
Counsel on both sides argued with force and seal.
It was contended, on behalf of Mr. Johnson, that
having obtained an OrJer under the Great Seal to
surrender and be examined, after the usual time, in
consideration of his services abroad, he came under
the con,straftion and intent of the Aft of Parliament
of the sth of George 11. which empowers the Lord
Chancellor to enlarge the time of forty two days, to
fifty days longer, or to such further time as the
Chancellor may, in Mt discretion, think fit, and that
it was common to make orders in such cases for a
year, or other longer time, in ewes of persons being
derainedsahroad ; that it was a privilege allowed to
the era:tors; awd n,t.tirs the bankrupt himself ; and
that the Aft of George 11. could not firmly be con-
strued to mean a limitation of the Chancellor's
power to fifty days only, against the express words
in a subsequent clause, granting him discretionary
power in ail such cases. Cases were cited to chew
that arrests made in this way, were held to be a con-
tempt of this Court ; and the bailiffs so arresting,
upon refusing to discharge the bankrupt, were com-
mitted to the 1• leer ; and in the cafes of Hawkins,
John King, and others, in particular, it was ruled,
that not only the first arrest or detainer laid in such
cases was illegal and privilege, such privi-
lege being both special un.ier the All of Parliament,
and general or °Hemel in this Court, but that all
the subsequent detainers Inid against the party in the
interim, were likewise void, and followed the fate
of t-,e first detainer.

On the other si'Jr it was contended, that the order
of the Court W'Ai not mandatory on the Bankrupt,
but merely permiss.ve, giving hem power, if be
would, to surrender and submit to examination, and
that such order did in no case do away the capital
felony previously committed by any Bankrupt who
commits wilful default, refuses to make discovery,
or conceals twenty pounds. It was also contended,
that bail may arrest their principal in his way to the
Courts, and produca him for examination, it sub-
pccaad as a%Vitness ; but that if the Bankrupt wet e
at large when coming in to surrender, the officer
arresting him was liable to flee pounds per day,
during h's de:en:ion of him, and chat the Bar.krup:
might have h s Wr,t of [Met,: C uriair ac the same
time, n. tw C.stand ng such penalty against the
officer. An application had been made to Lord
Erskine in this case, who recommended an applica-
tion to the Court of King's Bench for an Halts&
Corms, which was refused. the Lot d Chief Justice
having stated that if it was a contempt at ail, it was
a contempt of the Coat t of Clammy.
Mr. Justice La BLAsc here gave his opinion on
the AO of Parliament and common practice of the
Law, and said, that tl e time intended by the Sta-
tute, only extended to 02 days—that Creditors
might arrest the Bankrupt, or take him up under
an escape warrant, and so might a gaoler. The
CHAMCCLLoa said, that Johnson was not taken up by
any Creditor, but that tieing where it was not com-
petent for him to own or avow himself to be at the
time he Was taken up, there appeared no contempt
of this Court in the case. The notion was ?clop el.

COURT OF KISG'S lALNCti. %Vairmixsna, .Ives 1.

Tilt ICING E. CORERT WILLIAM!.

This w.ss a rule for a ctiminsl intormat:on
against the PeCentlAnt, a Welsh Attorney, tor a
libel upon the Guns' Jury ot the county ot Mon-
mouth.

The ATTCIIINIGY•GgiInAL chewed cause this ,
day against that rile, and, after a few observations,
he said, the better mode would be for the Officer to
read the affidavits on both sides, without any ani-
nsadversions upon his part, and the Court would
teen be able to decide the question fairly.
TIN proper Officer accordingly proceeded to read
first the affidavits on the part of the prosecution,
which sat forth the circumstances of a bill of indiEt-
ment being preferred again,: one Benjamin But-
tery, fora misdemeanour, on which occasion the
Defendant Was agent f* the prosecution ; the cir.
cumstances of the Grand Jury going to dinner, and
causing it to be proclaimed, that they would return
at seven o'clock, to transa& the remaining business ;
the Grand Jury's calling for the Defendant at that
hour, and his stating that his witnesses were all
gone away ; the Jury waiting upon the Judge, for
his Lordship's diretlions, under these circum-
stances, and hit Lordship's slireaion o them to
Indorse the bill of instiftrrient—" not found ;" their
subsequent dismissal, and the Defendant's conduit
and expressilnis the next cay, when, alluding to the
proceedings of the Grand Jury, he said, it was a dis-
graceful and blackguard tiansaaion altogether:
that Philport (an attorney) was at the bottom of it
all, and if it was in his power he would punish the
Grand Jury, who had come there as gentlemen, but
were nothing more than hl tchguards, and had seed
in that manner to defeat the object of his indiftment.
On the part of the Di tendanc, his Users affidavit
was first read ; it stated, that he had caused the Bill
of indictment, in question, to Le preferred against
ese said Benjamin Buttery, for extorting money
from one Elizabeth Nlitrgan, and had it carried into
the Grand Jury, for ;heir consideration ; 4 the same
time he spoke to Mr. Thomas Stowton, One of the
Jury, to here the business expedited, as Isis witnesses
ha ! borne distance to go. He and his witnesses
remained at the door of the Grand Jury Room for
up.s.a.fs of six hours, until the Jury went to dinner.
tie had repeatedly, during that time, requested the
foreman to call in his witness*, and us promised
h- should he expedited without delay, but never

' 4, • • • ••
told hint they had deferred the ieadinw of his
diament until 'after dinner. He was afterward, in.
formed, and verily believed, that the said Mr.
Stowton, and Mr. .lames Austin, another Juryman.
repeatedly urged the 'Jury Co proceed with his In.
dietnient, but to this no sat►tfa9ory answer' was
given, nor any reason aisirned for putting it off.
He WIS also told, that ho had some enemies upon
the Grand Jury, and that Mr. Thefisas Griffin Phill-
pot, an attorney, had made every exertion against
htrn to throw out the sill. Ile WAS further assured,
mad &chief, told, that the Jury would not me.:

again that evening. bat the nett morning, at ten
oclock; be, accordingly, sent his witnesses away,
and when he next came. he finiii4 the Grand Jary
had been dismissed. He denied, most positively,
having heard say thing of the adjournmrnt until
seven o'clo:k in the evening, and was corroborated
in this, as well by Messrs. Stowton an' Austin, as
by all his Witreises, arid several other persons.
Much exosperated at this, he admitted he did sa.7.
it was a disgraceful and biackguard transaction, bn:
denied meaning any disrespedi to the Grand Juty.
This affidavit further set forth, that some of the
Jury had been attorneys and tax gatherers. and ore
of them a person of no ; r .pe; ty in tha;ecunty. fd,r
also stated, that the offence upon which tare
lndih-
ment was preferred, having been committed in bosh
the counties of Hereford and Monmouth, he pre.
leered another Bill of Indiamont in the former
county, which was immediately found.
The Officer was then proceeding to read the affi-
davits of Messrs. Stowton and Austin, Corroborating
most of the above fads, when Mr. G A R Rove, for the
prosecution, obj4led to the re.ding them, upon the
grounds that the Grand Jary being solemnly sworn
to keep the secrets of themselves and fellow-jury-
men, aiid these affidavits going to discover those
deliberation: and transaftions, which should be
kept inviolably secret, they could not possibly be
read. _ _ _

Lord Etteitsosoccit observed, that she disclo-
sure of these crania/lions would be a violation of
their oaths as Grand Jurymen, a:,.d the Court could
not'dpen their mouths without destroying the very
principles non which their fundions rested.
The affidavits of several other persona were ad-

mitted to be read, II of which corroborated most of
the has stated by the Defendant himself.
After some general observations on both sides,
Lord ELLINIOROVOH said, that taking all the cir-
cumstances into consideration, the Court were of
opinion that justice would be best adm:nistered t 3
all parties, by discharging the rule, with costs.
against Mr. %Villiams At the same time he wished
it to be understood that no indiesn tnt sit uld bit
preferred against Mr. Williams; and the most pru-
dent way for all parties would be to drop all fur•
ther proceedings.
THE KING V. JA WES THIODUCE.
Mr. Gas sow sheared cause against this rule for
a gay rsarriPite to slew why the Defendant exercised
the office of one of the Commonalty of the Borough
of Thetford.
After bearing Counsel, at Gres' ierTh, ott bolt
sides, the Court deterred their final judgment till a
future day.

. 7

LINTON v. PHIPPS.
The Arrotessr-Gssea sr. and Mr. Toerreci
'hewed cause at great length in this ease, agrinst a
Rule obtained by Mi. Darrow, calling upoi Mr.
Edward ltushworth, an Attorney, to en-wer ti e
matters of an affi.lovii relating to sevtral q4i tern
sorties, upon the Game Laws, wherein Mr. Rests-
worth was charged with being the real Plaintiff in
all there affirms, which were brought by him solely
for his own benefit and advantage.
Several affidavits were read, exculpa:ing Mr.
Rushworth from these charges, and stating, mo,t
explicitly, that he nerelp acted as Alorney for Oa
Prosecutors, and derived no profit or emolument
whatever from them, save and except what he was
entitled to as Attorney for the prosecution.
Mr. Gaaauw was proceeoing to support the
original Rule, when the Court postponed the lux-
' then consideration till a future day.

GORDON IN SICR ET AN.
The Arsonstv-Gcscam. obtainzd a conditional
Rule for a new trial in this case, which was tried at
Guildhall the last Sittings. as reported in a former
Paper. upon three grounds; first, a void policy.
the Plaintiffs having an interest upon the whole,
where they were only entitled to two tllirdi; se-
condly, upon the prodaftion of an agreement.
which was contend.d to be sufficient without fur-
ther pool; and lastly, on the grounds of surprise,
the party not being prepared to prove the hand-
wiitidg of the witnesses to said agreement.

0111•01 and •Tllllls9. CtSII.
Mr. Neat also obtained a eonditinnal Rule for
a new trial in this case, likewise tried at Guildhall,
of which we have given a report. The applicntirm
was grounded upoe the Register AA, which required
that the bill of Sale and the Certificate 61 Registry'
should be at the SAM, duet whereas, in this case,
the Cc-talc:ate nt Registry was dated one month,
subsequent to the Bill of Sale.

COURT QT CO.‘INIGN PLEAS, W‘iviinaysi, Jogs L
The Court was occupied a considerable time, this
day, in hearing discussions of no general imp 'it.
ance.
Lord Chief,ltistix Ma our et n gave his °pi::: el*
at considerable length, in the Insurance Coo, "-
ville v. St. Barbe, the result of which was, that no now
trial was to be granted.
At one o'clock the Court aljourr.al to Guild:tail.
Sir JANIZII MANSfIILD sat at N4i Print, and
several uninteresting cases were submitted to. tl.O
judgment of a Jury. The only case worthy of no.
(ice was the tollowing
P. woes.
NEWSPACERS.
This was an anion upon a Bill of Exclange.
dated so far back as neth August, :792. drawn by
the [naiad, and accepted by the Defradant, for
51. Ss. 1 I d. at three months date, fcr value received.
It appeared from the:ttrgumenu o! Covnlel, that
the consideration for which this Bill was granted ,
was illegal, it having been incurred by the Plaintiff
lending out newspapers to maw at so mueb per
day, contrary to me cypress words of the Ail of
Parliametti pawed in the year TP9, being the With
of the present King. which prohibits hawker, or any
other pewits from lending cewspapers nut to titre.
uo account of that pranicc obstruCliag the ,ale of

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