The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-10 00:00:00

went, as it referred to shares which were not
specified in it.
James Calder, the first witness, woe First Mate
on board the raeourite; the Plaintiff aa, S1.1"Ild
Mate; she cleared out on her rot a,4e to the South
Sett whale fishery, in the mouth elJunr, I vie./• Iu
their pasrarge outwards they fell in with a liter-
chautinan under Dutch colours, which they cap-
tured ; he was put on board of her as Prize-master,
and brought her into Falmouth. The Plaintiff was
candled to one-fiftieth share, mid r the artiules of
the net proceeds ; he saw lino » g a them at Graves-
end. Upon his arrival at Falmolids, had several
conversations with the Defendant, who told him,
that at least one-third of the largo was claimed.—
The witness informed him, he hail learned from
the Captain of the prise she was worth et least
75,0001. The llefeinlant said it would not come
to nigh that. He knew MOM., the Agent for the
Defendant. by whom Ire had been paid his share,
amounting to oar-thirtieth of -45,0001. being the JI
a. made by Mose•, of the uet produce
of the prise.
Upon his cross-exa ttt ination, by Selleant SitEMl
seem, he 1.1141 he we, pre.cut•wnen the Plaintiff
»ivied the articles. A paper wf.to.g being pro-
'laced to him, he denied all koowleilge of the
Plaintitrs hawing never seen him
write lint when he had sigsted •he articles.
Thomas Chapman, a clerk t an Attorney, de-
posed to two actmas having helm brought against
the Defendant, by two of the Favourite's crew, ou
the sumo account as the pie ea, which were re-
ferred to arbitration ; lie saw the th feisdaut before
the artatinitors, who there admitted an account, by
whieh it attested that the net proceeds of the
lop and ear4o, after ~e failing all expenses,
•coioniteti tar upwards of 4i..1001. tie. krrew the
Defendant had paictowe man 1501. and the other
701. under that award.

The answer of the Dnfendant to the Bill filed
in the Cutlet of Exchey ter against him by the
Gaptaiii of the fintuawite, Pe.Ty, was next
road. In this answer the it• fondant adtuitted that
the crew w re entitled to sink% in the price—that
the gross unionist of the sale- of th,. ship and cargo
amounted to the stun of 60,0741. and that after
deducting the various ivies of e• pendlture, there
remained a halance,•sobject to distribution, of
95,87.1. excliseive of 6,0001. wh:.-11 be retained in
diis bands to answer a claim to that nutotint ; but
whit,' claim was afterwards abandoned. Here the
Ca.4o! for the Plailditf closed.
Mr. Series it Sait Pusan, for the Defendant,
stated to the Jury, that he geestion they were
called on to decide, was, ether the Plaintiff was
bound by law to par tie re than he had already
paid to the I)efendant 1 A d he trusted, when they
• canoe to know all the irentostances of the case,
would be of opinion he was not. The fetes:
were these: the ship lupd been captured in the
year 60:1,atutl proceedings were immediately taken,
for the purpose of procuring her eondecniustion in
the Comet of Aituiraltv. They all knew both the
tediousness and uncertainty of proceedings in that
Otirri; she iiktit ne minle•inie.l, or she might be
restored, in the whale, or kr part, as her cargo
should turn oat to be neutral properti et not.—
the suit w.ur in prorfas, and 4 efore any eon-
chuien was route to, namely, in February. 1804,
the Plaintif had• prhed to the Defendant;
impatient of delay, and easing he wished to take a
he wonted to disposo of his claim. Ac-
cordiugly, the Defendant, in this stage of the pro-
ceeding-, awned en give- him 6001. (or his share,.
thereby taking ripen himself all the risk of the event
of the suitiand the Plaintiff had thereupon actually
passed his reertot for tout softl, in full of all de-
minds. Afterwards. however, when it appeared
that the event of the suit was favourable, the Plain-
tiff thought proper to demand the full amount of
that which lie had so disposed of, while it was lin-
certain. If, however, it !rad happened that the
prize had turned out to be less valuable than she
had beets calculated at, would the Plaiutilf have
been reedy and willing to refund the overplus of
what he had so received in advance' Upon these
grouida, hr trusted the Defendant would be entitled
to their verdict.

The I-vinare, Juorie aflied at what time the
condemnation took place? and was told it was in
December. 1 tiO3. _ _

Moses the agent for the Defendant, was called.
and the receipt of the Plaintiff produced to him.
lie saw the Plaintiff sign it. The 8001. was paid
to him at the time of signing the receipt. or made
up to that Sum 4ith advances he had made to him
before that time. The Plaintiff had received ♦a-
rnous aims at different time. before from hini. The
agreement for Soul. was thus :—the Plaintiff hail
called spoil him, and said he wished to have a Anal
settlement with the Defendant, in like manner as
he understood others of the sailors had ; to which
he answered, it was not I,kely the Defendant would
agree. The Plaintiff end he was going to take a
public-house, and he thought it was more to his
advantage to get a sum certain in hand, than to be
waiting the event, and drawing small sums at a
time. The witness said he accordingly comma-
! nit-vied with the Illefendant, by whom he wag dI.
tr^ted to offer Set)l. which the Plaintiff accept. d, iu
full satisfaction of all further claims. The receipt
itself was put in and read for snoi. as the balance
dot to the Plaintiff for his share ut• the capture, in
flrl Of all ifettrinits. r. •

Upon his cross-esamination, he sushi he was the
axeut of the Defendant ; he had settled with the
sailors ; he had atate•d.nothinq as to the amount of
the cargo, when he settled with the Plaintiff. He
did not tell him the cargo had been sold, and the
Defendant had the money its his pocket.; and he
swore he did not know it attlse tune. Time Plaintiff
might have had goods as part of his advances to
him. Being, asked how much he had for his ser-
vices ? he said tile question was not fair.
Hr was re-esamined iu chief, and said, he was
general agent to all the South Sea whalers, ; he
received two and a half per cent. from the owners.
upon all advances; of course the more he paid the
greater were his profits ; the Plaintiff made the
lairgain at his own request.
To questions front the Court, he said it was he
paid the sailors ; he paid them different sum.: he
del not calcalste the amount of the prodnn• of the
prize the Defendant did not tell hint what share
the Su 01. paid to the Plaintiff constituted.
Calder, the former witness, ems again called up,
and .wore, that Maws came to him. and offered to j