The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-19 00:00:00

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re"
' enneeveameythese geed: to this Maio ialthougb Pea theirmode Ms lilelailafFltiaof W' frtinf eiteibtfit
the hills granted for thttutad not become doe. and 1 Anthony", He uneweeed, loodid nor know velvet
consequently the goods were unp. rid for. It we. do ; brat said se would refer it to Captain Saoit. of
an extraordinary, and eve, a suspicious transaction, the /fernlike. After, are interval of three days,
that a small creditor of Main's should be ready, 'ellitness met Scott on hoard the Irillirpn enitip,'
upon the spot, to lay claim to these goods, as a se- and again claimed half of tlw fish. Then Artehotsy,
curity for his debt. This appeared very like con- to his astonishment, stsid. " Canna Luce, f have •
trivance ; but these parties had not considered. that, got an iron marked with your initials, you may fie
in order to establish that right. ft was necessary well take it." Witness replied, that if he was not
such indorsatien should be without notice that the entitled to half the fish, he was not to The nivel--
goods' had not been paid for; besid ,s,• being for a Anth my then lehised to leave it to theolonrienseion
valuable and bona file consideration. Mr. Cum- of Captain Soot:. or to any other person. Wimeser
mieg ought to have satisfied himself that the °tie has been conversant with this fishery for upwards
ginal consigner had no right to stop the goods is of twelve years, and never met with an instance in
traeure ; for otherwise he could not be protected which it was not invariably admitted, that I person
• from the consequences of that consigner a prior suiking a whale with a harpoon, was not considered
claims. Common sense dictated, that a man who as entitled to half, although anmher boat had pur-
tonk such a consignment, with notice that the goods sued and ultimately killed the whale.
hr.] not been paid for nor delivered, was not de- On hit eroes-examination, he admitted, that Cip-
ceived. Why should an indorsement to a bill of lad. tame Anthuny, on coming up to his boat, 'asked him
log place the indorses in a better situation tban the whether he had struck with a tow iron or a droug ?
original consigner ; the consignee having, in the Witness answered, with the latter, and :Anthony
mean time, become bankrupt, the goods remaining proceeded in pursuit of the fish.
unpaid, and the indorsce knowing these cireum- I Thomas Anderson, and the Second Mete of the
stances? Wtlii iw &nettle, hid been twenty years engaged
Here tweeted parts of an answer put in by Mr. in this fishery, and always knew it to be the custom
Cemming to a Bill in Equity, formerly filed upon of the trade, that the striking with the dtottg entitled
this subject, were read; from which it appeared, that the party to half the fists. Recollefted that when
he acknowledged he knew the goods had not been an apprentice, a beat of his Captain's struck a whine
paid for ,n hard cash. hut averred, that it was on with a short warp, and having waved to the boat
his pent actually a bona fide tronsaftion. he,,boe , of another ship. the flab was Laza, sad shared in
Mewing any thing of Mr. Main% state o 1 insol- halves. Captains Halcrow, Pease, Barton. Daggs,
witty, and therefore relying upon credit being given D,aw. and Dunn. very experienced and intelligent
for these goods in the accounts between Jean and seamen, witnesses i n this cause, recited several in•
Main. in the course of their extensive transactions, stances in which this custom, claimed by the Plain-
they being in the habit of mutually sending goods- tiffs, was the general usage of the trade.
to leech &her. The case here closed oft the part of the Phan-
Mr. PAIL in reply. said, he Was not aware of tiff; when Mr. Serjeant SHL?HtED proceeded to
this being the tutu' eof the defence to he set up state tee grounds of tee defence. He first contended
against the Plaintiff, but still taking the question that the Anion, as it was brought by the Plaintiffs,
upon the law, or the. fatt, he should Argue, that could not in point of law be supplied: Allowing
none of the cases that had yet bail decided, and the carom of the trade to be such as entitled the
now alluded to, dent to exclude • Irene fide cots- PliintiE, to make a claim as tenants In amnion,
signet of a bill of lading, even with such notice they might have wed Mr the whole; but in Mul-
es that fated by ti,e beamed Attorney, from tniiiig an *akin of trotter, they must sue for some
the *corny he had tbekeby o'etAined, with- designated article, upon which the cause of salon
out any Imptopir connivance on the part of is grounded. In the present caw there' Witte no
that coring:et?. It seldom happened, that goods such specification.
were paid for before their arrival here, yet such in- Messrs. Ser)eaats Beer and BAIINT. !antenna.?
dorsationti occurred daily, even before the Bills of the! the objeawn was not well farionli; apd that tbe
Exchange became due. Every • thing tended to Defendants having converted a melety or Vat Acs,
Slow, that this gentleman. Mr. Cuintatiog, had to which the Plaintiffs were entitled, trotheir mew
taken that indersation for a bone „Cie and 'valuable use, were subjeft to an union of damages • for di*
consideration ; and therefore he was entitled tin the amount.
full benefit of it, even although he admitted there The Loan Cuter Justice considered the oh-
Ines no aftuAl payment made by Main for the goods jeflime of Seijeam Shepherd a strong one, at the
le quesesen. same time that he ,as williaq to let the merits tin
Lord Beerseneooon. in his address to the the Case go to the Jury.. •Aa wants in coranov,
Jets,, seemed to he of opinion, that there was no the Plaintiffs had a right to sue for the whole.
• evidence of wenn fraud ; bur that the Plaintiff, I or if divided by consent, they were entisledto
without having any knowledge of Main's in.ol- half of every individual part, no matter how •tv
ancy, relied implicitly upon the value of the I rouse into which the whale was cot. It was
good* being settled for by the consignee or con- convenient kind of property; and the conundrum
signers, in their annual accounts here was. that it was-ant to a half of the fish, '
• 'The Jury returned a vetdie for the Plaintiff. to the hole of every individual part, or, in other
the amount of kit lien mum the goods; and este- •to every had in the horse-shoe, that the claim
blished the right or Mr. Jean, the original coosig- tenant in common went.
net. (and real Defendant in this case) to stop the re- • Mr. Se-jeant Best was coefficient, that the •
mainder of the. goods, is fresesitis, so far as their saluted Nadeau" *lto was a Defendant it
value was ungehausted by the Plaintiff's shad. taste, did it know the ground of detemee
'Phey accordingly gave • the PfAiotiff nominal dn.. which his Counsel endeavoured to rely.
macs: of I,nOol. subjea to a subsequent • ranee anaffiems-iseettorstwous to send the Cal-
Clan by an award. consideration of the Jury, because he was Alm
• ' tain that the Noble Defendant would never •
an application to set aside their decision. r
taking advantage of a technical objection. The
Agent of Lord Grenville had given, by letter to
Mr. nevae, the PlAinuff, the fullest grounds to be-
lieve, that the deface was fixed upon the merits of
the trans: nation. In that letter a determination was
avowed, to support Cciptaiis Anthony', detention
of the whale, upon the right he had to refuse it. •
The loan Cater JUSTjr.t, upon farther rsflec•
Lion, observed, Goo it had been given in evidence.
that the property of the fish yeas in the party who
first struck it, either with a tow iron or a harpoon,'
although such party was bound, by the custom of
the trade, to give halt of it to there who co tinued
the pursuit and killed the whale. He said he should
save the other point made by Serjeant Shepherd,
whom he called upon proceed.
Serjeant :Mamma contended, that it was the
duty nt the Noble Defessdant to avail Limsilf of the
law of the land in the detenco venich he nano to
the present anion. With his. own individual pro-
perty he had • right to dispose in any manner he
pleased, bat whet* he had the interest of othets'
to protea, it was commaeding on him to gaf-
fer no suitable method of defending them to
escape. It was true that Lord Grenville war the
owner of the User:vent, but still the Captain add
crow of that ship had interest and property to be
proteaed, under the insertion of his name on the
record. klouraver, he could tell his Learned Friend,
that the Noble Lord was totally ignorant of the
ground of &geeing. and if his confession, as the.,
Counsel for Defendent, appeared any atonement, he
was willing to take to himeelt the charge of having
urged it. With respect to this fish, it was undeni-
ably conclusive, that the Plaintiffs never were in
• possession of it Had it been struck with a tow-iron,
with a line attached to the boat, whatever might be
the intervening distattew,h would,upon the principles
of law ad the deductions from the sanctioned usage, i
have been edits' possession, bat the mere as of strik-
ing it with a droug, glee it that possession no more
than the wounding a bird in the wing, and the bird
escapingovould to the person who fired the fowling.
piece. The droug was nothing more than a mis-
sile weapon, and was only used, either because it
marked the diresftio of the whale, it being always
vistble,er sometimes retarded the progress of its mo-
tion. With respeet to the general custom, be would
prove, by evidence, that it was not either uniform
or invariable, but that instances had occurred, and
agreements been fester eJ into, of a contras y tendency.
It he should substantiate this pesina by evidence,
the Jury would be bound to decide by the general
principles of law, which never could decide in such
a Cllt, and unier such circumstances, that the party
who oily 'struck with the harpoon had then the
actual ponseegion. But the alleged custom was a
most preposterous one; for what would be the con-
secownee of its adoption 1 A boat engaged with a
whale. which she boa fastened to her by a line from
the tow-iron, finds herself surroun ?et' by a shoal of
these fishes. Int crew immediately strike

•
COURT OT COMMON PLEAS. cciL . TS.
TS( OWlltlf of the shift the Ilraions Fensiega, st.
the Right RateartrU• LORD ORLOVILLt, the
(honer, OraJOO a,vioa V, the late Captain ear
ship the Curses!.
This was an aSion of troves, brotight by the
Plaintiffs to recover damages for the half of a
whale. to which they were entitled. according to
the general custom and wage of the trade re.
gaged in the South Sea Fishery. Chi Plaintiffs
are the registeted owners of the ship Wil'iass Pee-
meet. and the Defendant, Lord Grenville, as the
residuary legatee of the late Lord Carneltned, is the
registered owner of the South Sea Whaler, the
Caerewnt. On Saturday, the 29th of June, mos,
the boats of these two ships, in corn aany with other
boats, were fishing for whales io part of the
South Seas, called the Lee tiny, contiguous to the
Galtopagos Islands, immediately under-the avia-
tor. "the Captain of the William leanings was on
that day in one of his boars with a portion oti his
crew fishing for whales. They had struck a small
whale. from about fifteen to twenty barrels. with
their tow-iron, which was annexed to the boat by
a long line. Berne this whale was kille.La large
shoal of these fish passed the head •of his boat,
which was attached to the small one. He imme-
diately struck with a harpoon a very large whale,
from about seventy to eighty barrels. Phis har-
poon was not annexed to the boat, but bad a short
warp or tope to it, on the reverse end of which was
a droug, a thing resembling a bogy, These in-
struments were generally used by persons in this
pursuit, to retard the progress of fiats. when struck
by them. The ether boats belonging to the Wil-
liam &wimp were engaged in pursuing another
shoal of fish, and therefore the Captain took off
his hat. and waved it to Captain Anthony, the
Defeadant, aid the late Master of the Cerement. to
some to his assistance, in securing this whale.—
One of the Ceerwrat'a boats, immediately after tits
signal, hove up, and proceeded in the pursuit of
this drouged whale. The crew succeeded in killing it,
and Anthony, on a subsequent application fromithe
Captain of the William Penning; refused lb give
bell of the fish, to which the whets contended his
owners were entitled, by ;be established custom and
roles of the traders engaged in the South Sea
Fishery. The Plaintiffs, as the owners of the
William Penning,, therefore instituted this 'Sion
to recover damages foe the half of that fish.
Captain Luce, the master of the Witham Penning*.
stated tlas various circumstanaes of the transation.
When engaged with the small whale, he struck
very lase fish, the subject of the present aSion,
with a drouged harpoon. In consequence of that
blow the fish was considerably retarded in its mo-
tion. It was the general efferl. The shoal were
bearing off in the &Eng, but this fish, from being
struck, remained hehiest. Li consequence of his
signal to the Captain of the Ceerivent, one of that
, ship's boats putsucd the fial, and killed it. Wit-


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.s

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ilthWir henna:Pits a every side. and b Pbaw.or ---
"themselves withiahis one e.artion,4l:lZelver these..
-whales are taken, without any defined linint of place
or time, they consider themselves entitled to their
hatves,••Sach yr-111dt could not be tolerated; and in
all the 'eases blows to the t rent, at all 412/14;01,14,
the apnexatioo of the iron/vaunt with which the
what. was arta, to the twist, was alone consider-
ed.as die constltnyia between fast and
loos* fish.- . . •
Captains Scott, Bunker, Hopper,_ and Owlets'.
r stated they were. eitgaied in the w:-,ale fineries, in
the South Seas. It wgi usual for.thiCaptaiaa, on
thin arrival in different parts of those seas, to enter
into agreements, only binding on those svr,o were she
contratting parties, In what mantisr tisetishitkic was
to be cnndu.ed. Since the year 1805. the claim
for striking with the parpooo wai; by mutual con-.
•sent, done away ; but eseelous to that period, tot
general custom %ea., tltat it give the right si half
the fish. Capt. Scott recoltaned the time srhea t!..5
IYdlsger Fewoost. and 0111.7erott erre off the Gallo-
paps Islarhis. There wet a meeting of the Cap-
tams of the ships than in that:tab lenete be aides.
stood it was agreed to nearrion the dsoug
He did not go d..men :nun the cabin, but Captain
Late was there. Tile Captains assembled wen
smocking. and he wit unable to bear the smelly/
the tobacco. He could not, of course, bear wnat
pas.ed In conversation between diem.
Claytain Luce was again catled, and .plsitirely
swore, that a; the meeting alluded to by the lett
Witness, these was nut a single word Token rela-
tive to any agreement for giving up the claim of •
the droug ; nor did he ever bear of suds an
m-
tsntion, until sutssequeht to the refusal of Captain
_ .
- • - Anthony to
'fhe defence
animated speech,

• case more ,
refleCting men.
first, whether'

bail ebrogaied
themselves
the ease.
whomsoever
(alive chargter,
'tents in contr,
'Snood regulative
were conne2ed
esems-walt
In COIPIROTC
tioJtacis at
ssletarpovesionsres
thi , of she cr

'oiler wind'

:

Fs,'.

the inspossis.. _
atunsals .
loose fish, •when many persons enetv,so their cost.
that in this inetropolis a great number 'of Wore
.44 4
wars considered aeu preserved as very serious pro. •. •
petty."
The Loao.Csitar Jusires addressed the Jury
upon the nature ci" the evidence adduced. It was
clearly admitted' by all, that the general custom of
the trade, before the year 1804, was to allow the
claim of the pilaf who had lust struck the
fish with,thiettroog. It was to be sure in evidence,
that at diffirtlit times the Captains of those .hips
entered4lnia. ag.-eements of abandoning say such
claim, Mit there was no proof &Hat the Captain of
the Wilkon. Fenaia:s had acceded to any such con-
vu the contrary, Capt. Luce positively swore.
tent ne never did, in any manner, enter into such asi
..igefement. Ti e Jury, without hesitation, found a
verdin fur the Plaintiffs ; and it was left to two
gentlemen of the Jury. couneEted with the od trade,
to calculate Vale half of the produce of the fish, sub-
je.2 to all the aiter.ding expenses.
.OLD adattr. Du. 18.
ADMIRALTY SESSIONS.
Before Sir WILLIAM SCOTT, Lord alief Boron
M•DeN at°. end Mr. Justice La BL•NC.
rival, Bennet, late Master of the ship Good Int:nt,
was arraigned for the murder of William Richman,
on the High Seas.
Mr. Pate. opened the prosecution.
The SOLICITOI444/414•L stated the case; he
said the, Prisoner at the. Bar was charged with
being the cause of the death of a boy about 14 or
15 years of age, not by one ea, bat by a system of
cruelty, by flogging him, by keeping him without
food, and dbliging him to go naked in a very in-
clement season I. he felt sorry that each condo!!
hid been made use of by the Prisoaer, as he was an
Englishman, and sailing in a British bottom : is
was a stain upon the dug of his country. He then
said he would product the whole of the ship's
crew, who would relate the unfortunate story of
the deceased, except one, who left the skip at
Smyrna.
'ronmas Prior deputed, he had been mate of the
ship Coed Intent. Sailed from Plymouth the 90;3 of
August, IffoS, and arrived at Malta, Nov. 9.6,
touched at Gibraltar. During tke ship's stay at
Malta. the deceased seemed to be much *Stilted
with the scurvy, his face was bloated, his eyes duU,
and his legs much swollen ; acquaiated the Prisoner
With is, end advised him to wad bine on shore to „,
the hospital, Prisoner said, it would Is: attended
witlt. relit eXpense ; did net think de bad into..
rest stiffietentqu'get him admitted ; and supposed
the boy had ham eating too much salt provisions ;
' NUS if he continued USA, Int would send a physioias
”n board, and not idiot, Ms to eat any salt es111111(';,%•',
sloes. there WAS Sulle flesh aa wv
• ...011 the

. -
to divide with the Witness the whale. rii
fence here cl-sech and Serjeara B -ST, in an
speech, replied :" He felt there never was _ 1
i.e clear. sobmitted to the consideratioe Of
men. The cfuestions for tke Jury. were*
her there 'rasa general custom which had .
dated the trade P and if so; whether the
by any all of • heliotel vas or their Capteio.
:sited hat exes•ing usage, as ap,:fizcble to
.6? This was tie true and only view of .
It was no- fo• any smoakiii cliib. Iy
rer composel, to assnme to itself a hops%
wafter, and oppose their private asrce-
contrA,iistinetion to the known and safi.*•.. • 4
tulatiine and customs of the trade, stack
s. ..
le.fted with all its eirttlinstruices. had i " . . 1 1;
nag irs grrCelh, and strinites'd with its ssieweit." . .. : 1
.
nein& pursuits, as sir. 1 as %boss of anedirit• .
4164trIonat. Jiapiiily. in this canary: a • -1
iversierset• ianovatioe. • Ladling *VW, it

menu Q; thi. Merits of .abe caftan poster which shillibitsilfe
enninroos claimed it, thy Node J, lostb Pisan iodividstel emits •
+hole 511 .
; •national viewer* apptirepriitigatimy and poselet tess..
led to the certainty flat 10.411arred Farmed ha* asmswe„.'
.w 'wile' that it was propos:aeons sq .itanifban gush a miss
was an in. beianse•there wits ao (4 is-sulk...oa Sairblear-:.1
!imuoinom of the harpoon. kle_was.sdassare 4.64. fitimila* • •
fuh• but to strong nerves, and ef„jtis sedeat counago 'pubs
!ht.'? wor,llo f ieds that with all Show sba- laml4 ,1.
claim a his shoulders,when abont toiiale.a.isirsesw=
chi! Inserurneut. gun liar:sow tkaakagianioN. •
the al""" therisk was front tbe alialGa4aalt tbssightet •
lin ill this possemion theineted sisocavbe the* Stealers itti •
fence upon tlpt legoaXa lialtostbd. party }Ratatheego.
W .fits Matle the whale his ova After:, • 1
tow to the that ttion‘ent, ,wises the droug was esad in him 'IP •
almost ter; body, it was a fast Ash ; art he was surprised at. ••
'Cr think n` the ion of his Learned Frien.: on th• inspossi-
merely by Mite of proving a propriety in wild iausaats and