The British Press; or, Morning Literary Advertiser.
London, England, 1804-07-27 00:00:00

TIM KING t. MILES.

The Defendant was indiel.:l for having in his
custody ordnance stores, not beil.g ono-third worn.
William Spencer said, the Prisoner lodged at
Cnatham, and in consequence of a warrant, he went
to search the Prisoner's lodgings. Under his bed
they found several topper bobs, gain nzw, witli the
broad arrow upon them; in a shed in :Le yard,
which he rented, they also found a great many
other things, with the Government mark upon them.
The things being produced in Court, and identi-
fied as Government stores; .

Mr. GURVEY, for the. Prisoner, admitted, that
he could not urge any thing in his defence. tie
should reserve what be had to say in mitigation,
until the Defendant was brought up to receive the
judgment of the Court of King's Bench ; then he
should have seventy-two arguments in favour of
mercy, for just so many years was the Prisoner aged.
Verdte Godly.

C 11.4110Vitt4E-o. TUC COMPANY fl FRES

This was a case of great importance to the parties
concerned. The Defendants are a Corporation, hav-
ing the property of the oyster-banks, near Whitsta-
ble, vested in them, and all Members of the Cor-
poration arc joint Proprwtots of the Fishery. In
order to become a Member, it is necessary that the
claimant should serve an apprenticeship to a Mem-
ber, for seven years, and upon such service, at the
expiration, he is entitled himself to be admitted a
Member, and also entit'ed to all the privileges of
the Corporation. In this case, Canbourne, the
Plaintiff, had been apprenticed to one Andrews, a
'✓ember, in the year 1793; but, before he had served
a year, a hard frost destroyed nearly all the oysters
on the lanes. The consequence was, that Andrews
had no employment for him, and it was agreed be-
tween the Plaintiff and his m.wer, that he afould go
on board the Rase tender, in :lis Majesty's sets ice.
When on board, he was ordctcd to Cadiz, and was
afterwards discharged at Lisbon. On his return to
England, be was impressed, and kept on board the
tender at the Nore, from whence he wrote to his
master at Whitstable. Andrews, as snots as he re-
ceived his letter, applied to the Commanding-Officer
of the ship, to have his apprentice delivered up to
him, but was refused ; and returning afew days to
make a second demand, he fotend that the Plaintiff
had been in the mean time sent away on board His
Maj-sty's ship the Tamer.
Andrews, who was examined, stated that the
Plaintiff vent on board the tender by his consent ;
and that, when be returned home, he paid him 731.
his pay and prize-money, and which he was entitled
to, as the earnings of his apprentice.
The Company of Dredgers refused to admit the
PLintiti to his freedom, on the ground tl.at be had

not defy served his master antler the indenture of -
apprenticeship.
Mr. Serjeant Bos INGTON, very early in the
cause, stated, that he was clearly of opinion that this ;
was a good service, in as much as the service on
board the King's ships was with the consent of the
master, and he having received the produce of that
service. •
Mr. Serjeant Sure e Alin, for the Defendants, in-
sisted that the very existence of the Compiny de- ,
pended on the issue of this question, and contended
that such sort of service was a fraud in law upon the
Constitution of the Company. He observed, that in
this business there was a material difference from the
common cases of trades. It was not here the mere
right of setting up a trade, but, by admission into the
Company, a man became part Proprietor of the
joint stock of the Corporation ; and it men could be
admitted upon such sort of services as were con-
tended for, a man might share in the benefits, with-
out having contributed one farthing towards the
prosperity of the Society.
The mode of keeping up the stock of oysters upon
these lanes was by fetching from distant parts the
spat, which was thrown overboard upon them ; and
an apprentice, who duly served his master, was for
seven years employed in increasing this the. joint
wealth of the Company, and by it ultimately became
entitled to share in it. But if mere binding would
do without service, it would he in the power of ver •
tcw members totally to ruin the Company. He
pressed these topics very earnestly to the Jury, and•
entreated them, if they had any doubt, that they„
would find such a Verdi& as would enable them,
have the decision of an ultetior Court of Appeal.,
The Jury, under the advice of the Learned. Ser-
jeant who tried the cause, found a Verdi& in favour
of the Plaintiff.
DAVIS V. Itt'SISI:NS and another.
Mr. Serjeant Sarre ARD told the Jury that this
anion was to recover damages for a false imprison.
runt, which the Defendants, a Mail Coachman and
a Guard, had thought proper, without any shadow
of legal right, to in/ha upon two of their passengers.
The Plaintiff, and a friend of his, a Mr. Hall, being
Sittingboarne, wished to take the opportunity of
some coach coming to London, and they according-
ly mounted the outside of the Canterbury Coach,
which happened to pass. When they got to Ro-
chester, the coachman demanded the fare of the
whole journey ; to which they replied it was time
enough when the journey was performed. But he
insisted that they should there down with the money,
which they declining, they were both pulled off the
coach. They then appealed to the book-keeper at
the Inn; but, Instead of getting redress, he advised
to call the watch, which was clone, and they were
immediately comfortably lodged in a stone room,
without even the luxury of a little clean straw.—
Here they remained until they were the next day dis-
charged by the Mayor of Rochester. The beam-
ed Serjeaat observed, that this cause of proceding
was perfealy new to him : he was sure it was not
wairanted by the common law of the land, and he
knew of no statute authorising it.
A Mr. Hall was called, who proved the case as
noted, but in cross-examination by Mr. GA futon,
he admitted that their money was run out. His
friend the Plaintiff had been a mercer, but at pre-
sent had no shop. lie was a gardener, hut had not
yet goa.a garden, and until they could both he suit-
ed, they had retired to live upon Mr. Hedger's es-
tate in St. George's-fields.
Mr. G•aaow made an able speech to the Jury,
who found a Versfia against the Coachman—Da-
mages Owe Shillong, and Not Guilty for the Guard.
Mr. Hall, the witness in this case, had also brought
his aaton, in which Mr. Davis was to be the wit-
ness—the same Vladiet was taken by agreetoent in
that cause.

CROWN MDR.
James &riffled, Supervisor of Excise, at Roches-
ter, was arraigned on the Coroner's Inquest for kill-
ing and slaying John Eaton, on the pth of May, at
Doddingtnn, in this county.
The fa&s, as proved by several witnesses, were,
that the Prisoner, and another Excise officer, of the
name of George Clark, were oat on their business,
in surveying the traders in that neighbourhood, on
the day mentioned in the indictment, when a party
of smugglers, among whom was the deceased, with
three led horses, I iden with spirits and tobacco,
passed through the village. The officers imme-
diately went in pursuit, and came up with them in
the village. The smugglers made off, and the offi-
cers were seen to follow. In the space of ten mi-
nutes a part of the smugglers were seen again to
pass through the village, pursued by the prisoner
Barnford at full speed. The Prisoner took a small
pistol from his pocket and fired. The deceased fell
from his horse, and shortly after died. Bamford
secured one or two of the horses ; he then assisted in
carryi.rg the deceased into a butcher's shop, and ex-
pressed great sorrow for the accident. None of the
witnesses having seen what passed during the interval
which elapsed {mom the first meeting to the subse-
quent return to the village, nor none of them bear-
ing the conversation at the first meeting, the Jury
expressed an inclination to acquit the Prisoner, on
the evidence for the prosecution; but on behalf of
the Prisoner, it was requested that Clarke might be
examined. He being accordingly called, stated,
that when they first met the smugglers they told them
who they were, and rDni.iaried that they should-sur-
render their cargoes. The smugglers swore they
would not give them up, and rode off. One, who
seemed to be a leader, had a pitchfork, and the rest
bludgeons and hedge stakes. The n aness and Barn-
ford followed at a short distance ; the smugglers
halted. The officers, thinking themselves too weak
to seize all, offered a compromise, that they would
leave them their horses if they would surrender the
goods. The smugglers said they would be II —d
if they should have any, and cried nut " death or
glory." One of them levelled a pitchfork at Barn-
ford, and they again rode off. One party rode one
way, pursued by the Prisoner, and another by the
Witness. When he returned, he found the deceased
lying by Barnford, who expressed the grea:est sor-
row for the fatal accident. The Jury, without heti-
- ration, arepated the Prisoner.
The Assizes on the Crown Side finished at two
o'clock. There were only two capital convias,
neither of whom was left for execntion.

The following-peiTons have bet;iiappninted King's
Messengers, viz. blesses. P•asons, Mtvesp an
Pent.sit, iu the MOM of Messrs. OVRNEIy SL•ree,
and Cue.