The British Press; or, Morning Literary Advertiser.
London, England, 1806-05-23 00:00:00

r.

he could not tangent to any further delay than the
Bill had already met with.
Mr. Secretary FOX said, that the Right Hon.
Gentleman had sucpi sed he was not properly in-
formed nn the subject, or did not rightly under-
Astrid it ; he did not, verliaps, understand it in so
very extensive a view as the Right l ion. Gentle-
man, who had given so much of his time and atten-
tion to it ; but he understood it sufficiently to
know, that this Bill was a very proper one, and
aught to' pass us speedily as possible. The flight
prin. Gentlemen haJ said this Bill, if passed, would
weal tee Navigation Act, but he surely knew very
well that znuld not be the case. There was a wide
difference between repeal and suspension ; it
Ovoids! ior.ly effect the latter of these ; and in so doing
it establiebtal no permanent relaxation of the priu-
Ciples of-the Navigation Laws. The necessity, he
said, had occurred, and* we think, and say, the re-
sponsibility ought not any longer to test on the
Governors, but on those who are more immediately
yes Ilse spot, and mote responsible to Parliament.
The :11111 only gives an authority to the King
•to give those Powers to the Governors, when-
"ever *at), necessity may require it. If the ship
'Teeters End tithe/3 have a strong case to make out,
they might address the King not to dispetoe with
the powers The Governors would have no opportu-
nity of hearing those persons or their witnesses, from
the dietetice between the parties, but the Privy
Cenneil wide Atter the practice has continued for
more than thirteen years, and Indemnities uniformly
and continually granted, it was impossible the Go-
verrors should now refuse to grant this dispensation
when' applied tn. if this suspensiou had always
been in force during the war, there would not be a
British ship less in consequence of this bill. He
Ti ill no doubt, hut the statements of the Right Hon.
G ntleman were coned and accurate, but he saw j
nn nee iu staijeg to the Committee the situation of
the Colonial sh.pping from 1784 to 1793 ; it might
do loiterer the Governors, but not before the Corn-
Alit'te. Thus was not to he a permanent measnre ;
and AS a temperer!, one, he thought it much better
to alter the resremsibility, than let it remain as it
wise, and tii render that legal, whichiseforewas et-lo-
ttery to Lit'', And whenever resorted to, required in-
demnity.
Ltd CAsTLEREA OH began by declaring,
that it was net his intention to enter into the merits
of the measure, hot merely to make a few general
obseiveliont, which would unfold to the House the
Round of his opposition. 'lse Right Hon. Sr.
eretary, he perceived, had not assumed that there
was any absolute neces,ii y for the Bill, and as, at the
peeoent time, there wan a peculiar inexpediency in
bringing it forward, he thought it alienist not
be locoed upon the House. He was awate it
had not entered into the mind of the Government
oVArnerica, that they had a right to proceed
sleep any of the Ports in the West Indies ; but he
was conviecel, that such an idea was entertained
by may persons in very high official capacities
th.a e, and, by the nation at large ; s s that at a time
sisnen such broad demands were made by that
cuusn v,•and whilst they were absolutely meaacing
that commerce. the rafting this Bill, he though:,
a, peal, d like a concession, and theiefore the rata-
awe. should not have been brought forward. New
wish reseed to the propriety of passing the Bill,
on Ai-count of its merits, he did not think
any argument could stand in support of it. Ihe
true descoiption of the Bill was, to take away
lions Parliament the power of judging of the needs.
sity which might have compelled the infringement
of die taw, and to transfer that power to the Privy
Coutacil. IVhether this teas or was sot a prudent
measure, he would leave to the House to deter-
mine ; Bast, thesis tog them to recoiled that the l'rivy
Cuoacil was not so well calculated to investigate the
necessity of a measure, as Parliament. The necessity
for instituting au inquiry was, he conceived. very I
great, as peehaps it would be found that the British
etrtlenients, in North America. would be capable of
I:voig a sufficient supply of ships from thence,
were de y allowed the same privileges as English
ships, and if American ve.asels were entirely es-
chided. The only argument used by the Nobla
Lord, in supper) of his measure, was, that it was
better at once to continue this trade, than that it
should be carried on in violation of the law ; there.
was nothing, therelote, which made it necessary to
press the measure. for which reason he thought it
better to have the Committee appointed, aqd if, on
ineeeiry, the proceeding was considered %vier, the
Bill Might be brought in and passed during the
present lamina.
aria% YOUNG was rather surprised to bear
the Noble Lord impugn the necessity of this Bill,
when it was stated by the Right Holt. Secretary,
that-it would prevent the iateadion of the law,
wheels infeatinns could not be avoided, so long as
;he lair was in force. It war impoesible to export
a ioNtient counioy of flour frozu Chia 'country to the
Vera indite as there was at present a law en the
lifeline Book, which prohibited an *sport of more
than-92,000 tens vt flour, which vras about 132,09 tr
barrels, horn this country, in the coves of the
year, and it was found that the very least quin-
tty consumed in the West Indies, emeuated
to 150,0001 so that by keeping the trade to
ourselves, we should starve the 'inhabitauts.—.
With recited to what had been said of the impio-
Flirty of altering any part of the Navigation Ad,
he could only say, that it had always been the
policy of this country to relax that law in time of
war; and, as an instance, he would remind the
House, that, by the 21st of the King, them war a
ssietetial alteration in the Navigation Aft, by
which it was ordained, that every British merchant
*es"' should be manned with not less than three-
tereths British seamen ; but which was altered to
Sae-fourth,- allowing the remainder to be of any
aation• whatever. From these considerations, and
as the Governors at present were in a situation to
distress the islands through caprice, or for any othel
reasons he would vote for the bringing in the Bill.
Sir CHARLES PRICE was convinced. that Ili*
Majesty's Ministers would always be rieidy to adopt
ar v measure which might be beneficial to trade;
hut, at the same time; he could see 11,3 reason why
614 bilaineSa should *et be referred to a Cfromittee.
Pattiicul tray, oesome piper to bud moved for might
Le trferted to it, and be they exansised.
I.r. ROSE. as a furshersandecement to refer the
- Ina tee to a Committne, stated, that he had bad a
colii'eterle wills several merclonts of eminence, who ,

LO N DON,
FRIDAY, MAY 23.

Lord HENRY PETT V. in explaining on Wednes-
day Night. his Plan for auditing the Public Ac-
counts of the Army. stated the amount of the pub-
lic expooditore, not yet audit•:d and passed, at 435
millions. Now, although the accounts have not
been finally examined, it does not follow that they
are incorrect, and that the parties concerned ate so
many public defaulters. A Financier, however, in a
Morning Print of yesterday, sees in this sum only
one enormous mass of good, doubtful, and bad
debts, due to tl e public ; of which, calculating
like a Commisiinner of Bankrupts, he presumes
ohe fourth, at least, will be recovered, and " serve
to take off a barthen from the shoulders of the
people, to the amount of Si/ sterling a year."
Of 411 the m ides yet discovered fur paying off the
national debt, this is the most simple and easy. It
was not, thereforev without reason,the Financier, in
the Newspaper, was astonished, at svbsgt he conceiv_
ed the statement of Lord Hesee PETTY. Well
might he exclaim with Skyletak,
0 wide and uptight judge'
How much more elder art thou than thy looks !"
A general expetßatioo,•we- believe, prevails, that
the Lords will give judgment on Wednesday next,
in the case of Viscount Metvitte ; and that the
Newspapers Will be at liberty to publish a Report of
the Trial on the nett day. Upon reference to the
procet-Jings in the House of Lords, as reported in
THE BRITISH PAESI of yesterday, it will be seen,
that the Duke of Not rote stated, that the case of
Viscount Metvittx would only be taken into con-
sideration on Wednesday, the 28th instant, and that
it was very uncertain to what length the discussions
might run, or when the final proceeding upon the
Case might take place. The discussions, which the
Duke of Noll to K)inticipates, are arguments upon
points of law, arising out of the evidence, and its
legality and admissibility, as applicable to the par-
ticular charges ; when their Lordships will, no
doubt, wish to have the opinion of the twelve
Judges ; and it is therefore probable, that weeks
mus: elapse before all these doubts and difficulties
are removed, and their Lordships will be able to
pronounce judgment. The House of Lords having
made an order to suspend the publication of the
trial in the Newspapers, until after that event, we
have only to obey it; but we may at the same time
be at liberty to observe, with the most perfeet te-
sped for the high authority from which it has
emanated, that there never was a case in which the
prohibition was less necessary. When a charge
goes out to the world without the defence, there is
a danger of its producing a prejudice in the public
mind against the party. Pending the trial, a cor-
rupt or partial witness, if admitted into Court be-
fore he is called for, may learn to shape his testi-
mony by the evidence which preceded it ; and,
atter the trial, the minds of the jury ought to be
preserved free from tire danger of receiving any
bgis or endue impression ; for which reason, when
they retire to deliberate upon their verdia, they are
debarred from all external communication. Now
all these grounds either entirely fail, or have been
directly waved in the case of Viscount Mr tvri.ts.

•
The charges have been long before the public,
and have been warmly canvassed both in and out
of Parliament :—The evidence principally related
to Bankers' books and accounts, in which the evil of a
subsequent witness squaring his testimony by that of
a preceding one, could not possibly occur; and
surely no man will presume, that a Report of the
proceedings in a Newspaper, if even incorreft, could
make any impression upon the mind of the House
of Lord •„ who had heard the evidence in Court,
and have bad it printed accurately, from day to
day, frr their own use. What injury can arise
from publishing in a Newspaper, that which is al-
ready published in a book ? What impropriety there
can be in reading that which every man and woman
in London was permitted to hear, we are at a loss
to discover ?—We have a very able Report of the
Trial prepared, and it is to us a matter of indif-
ference whether we publish it a week or a year hence.
The publie, however, who expeaed to read an ac-
count of it, as soon as the case was close,..i. snit cot
be so well satisfied with this new delay. We be-
lieve a Peer may, without any impropriety, permit
his family and friends to read his copy of the evi-
dence ; and if so, it may have been read before this
time, by half the town ; the petiod is as yet
remote and uncertain, when a Newspaper shall be
at liberty to publish a particle of the case.

The ~Eatu frigate arrived at Cork on the 14th
inst. ; she parted from the fleet which sailed from
thence for the IVest ladies, on the 4th ult. off MA-
dein . ant the 17th, sixty-two sail in company, five
join, d off Cork, tour, had parted 03 the lith inst ;
the Altos fell in with Sir J. B. WAKE RN'S squa-
dron, which were the s'iips seen by Cie 1)t.a.1, sup-
posed to be the enemy's.
The On/erie, Sraitsuc K. firm Liverpool, had riot
arrived at New York on the 23.1 of April.
The Presidrnce, HODGE, from London for Que-
bec, was abandoned at sea, on the Bth of April ;
the crew were taken on board the Nentan frigate.
The Marv, HANsoW. from London, was cim-
demned at Cape Lori[, in December last.
• The Almrieer transport, of 360 tons, with previ-
sions from Gibraltar, for the fleet off Cadiz, and
another vessel, suppo•eil to be the Mediterranean
packet, were captured and carried into Algesiras on
the 22.1 of April.
The Hawke, of Poole, GODDLK, master, out 40
days, from Lisbon, was spoke with on the 26th of
March, in hat 44. 10. long. 44. bad been leaky,
and thrown part of cargo ov,rboard.
The fleet for Newfoundland. which sailed from
Portsmouth on the. IS:hof Match, was left all well on
the 18th of April, in lac 41. 57. N. long. 32. W.
under convoy of His Majesty's ship &Tem.—Wind
S. S. W.
The fleet. which sailed from Jersey, for Labra-
dere, was left all well by His Majesty's ship
in long 1.5 30. with a fair wind. which continued
for ten days.
Mr. Se 4 R now, the Meseenger, returned to town
last night, from Falmouth, after having seen
Counsellor SAWN,' I" board a vessel bolihd from
that port for America.
An officer arrived on Tuesday, at Dover, from off
Boulogne, repot ts, that o ;thin these few days there
has been a large camp pitched on Ilse above
Boulogne, and several troops are arrived there-;
they continued pitching tents for three days, trod
the camp is now nearly as long os it was last sum-
mer: they fire on, any of our sman enliven: that
come in shore to see what is going oe ; but not
many of their craft have been out is the roads.
A letter from Amsterdam, dateaMey 13. says,
,4 It is understood that the Ems will soon be
opened to the navigatioa of the English."
Accoonts from Milan, dosed April la, state, that
It has been signified to Madam Spencer Smith,
that she will be removed from Milan to Valencien-
nes, which will be the place of her confinement till
further orders. All the representations which have
been made here and elsewhere, have produced no
modificaticor in this arrete.
Near Reggio, on the strait which separates the
kingdom of Naples from Sicily, there is a camp of
25,000 French troops. Great preparations are
making for the conquest of Sicily.
A Court of Direanrs of the East India Company
was held on Tuesday, at three o'clock, which con-
tinued to sit until nine o'clock in the evening, to
deliberate on the propriety of recalling Sir G. Bast-
sow from the seat of Government in India. and
the appointment of Lord LAUDERDALE in his stead.
The proceedings of the Court were kept in pro-
found secrecy ; not even the Secretary was per-
mitted to be present at the discussion of the ques-
tion, which, we are informed, was extremely AM-
mated.—At nine o'clock a division took place, when
there appeared, for the recall of Sir G. BA a tow,
and the appointment of Lord LAUDERDAL E,fofo--
Against it, eighteen.
No trial of any public interest occurred yesterday
at the Old Bailey. 17 persons were tried ;of whom
10, viz.—

Dyad Payne, John Hurst, Ann Stocomp, Sarah Berton,
John Ryan, Stephen Ra:ley, O'Brien,
Clarko, Thomas Haywood, and .1. yeph Pennetethet, were
found guilty. Seven were including Eleanor Rue.
eel, Jrrtm r:Mmena, Wiilaam Townahead, John Ranger, and
Rem-cca Gatnbt.,.

The following letter, from a Gentleman in Mt-
%Anna% expedition, was entrusted to a friend. with
an injuntlion that it should •ot be opened, until a
month after the departure of the writer, cr the
place of Mtaaana's expedition was made known:
Richmond, Moth 1, 1806.
Mr. Ritchie--Sir—.l have h.retofore withheld this commu-
nication, lest the Minister of Spain, might have had time to
prevent the plan I woh to see effe‘ted.
Mitt 4/IDA has the pewits:ion front the British government
to make Trinidad the place or rendeavoto , he i, gone there.
The delegates of CI • ,St Fe, and Mex,co, ace now there,
' or "it oected to meet him. Some de;ay may take place; there-
' foes it tr.skihi be imprudent t•, name the place o' attack, rather
ihe place to be surrendered—to be made the seat of confede-
. &tin°.

If Isitotatroa 1< not guile to that ii;artd, auk' nay laugh at
ms errdtit, 2.0 u hear of h:t beolg to re, you may put
nmffe coAdoseeThvi hennoroft., in 011, CUMAGUIIM.WWW3
sball make 4to Ulm tutneet YOtei, Se

SAYRE

I

~: _ _._

• _

i'~°

qi cg-Tt;--V17N;N..7"
SPORTING INTELLIGENCE.

. .
EPSOM MEETING, Tofu/moat, Mat
The sacoo4 and lan sear of a renewal of the Derby Stakes, of
3.1.. each, h. ft. for Ceits, 94 and Fillies, no. then 3
yrit, old ; the twit mils and a half
Sic r standi.w. I iris, ( bought by Lord Foley) . . I
Earl •T L.4(no.c..tit'd b. c. Tr4fatgar . 2
Ld. S Nit:beater names the Nlargrafe of Anspacb's gr c.
t), Ft ,g1.,..er .$
Duke of Grafton's P.idargue 4
Mr. Wilaon's b. c. by Maanbletorian 3
F.arl of I )eroy names Sir F. Standish's filly, by Mr. Tisane
Earl of Fremont's ch. c Achilles
Mr. Potion tia rues the brasher to Lumbago
Earl of Fremont'a b c. lat Juhairria
C Kelliti Sir Harr,
Mr. Mellish'. b. c.
M.. Ilan lid Pluoghtmy
Earl Grafton'', 5,1 r. Radeitfe' Sir J. Sliery, Mr. Whaley,
Mr Fifir.-r. Earl of Darlington, Mr Pines, and Mr. Glover,
dm were Subs, •ity!r.i, but did not nen».
Trafaioir, and Sir F. Standish's filly, went the fr
counter against the field. The currisat isetting was 4to ea
.the field, or 3to 4-on Sir F. Standsoht Earl .art. Este.
moot. Air excelfedt race batui,4lll the Leo fir.c hones; woe
by half a neck Trio Judge eoeld only piece firs.
Fiftt Pounds fur /lone+, Qt. e!lat have nut non more than

one Intl. Pate since Abe Ist march, llltol. • Twir.asii• Clears...
17,110e5, sod Geldilydi, to be allowed 310.
ti:. 1.a116r0k... P. o.pero,. v,, •dd
S. ,fotio M,1117/2/1, 5 yrs old
M Erlibden% I.ottitut, 5 yrs nle
Earl ef.F.L.'• rwat's en. set. Cerberus, by Dohanoa. 4 yrs dr
Me. Piltweel• yoss•id . dr ~
Before stareug, Y 41)4 S tie len the winner. Won err.
Titre .1. usual, 31 1111rbe ra4,,,, a sere ft..,1,7011• and
vintlal nbiau. sit visitants His Rove! H ghn.s. the'
et- W honoured the cognisant with his niviarticv, 01.40
lie alrerrat •i) rote with So loan Lade end the Ewe of Das.
is lAA to fig.e .1,04 au memo.. 4
111.111_y tan the Derby Stakes, a. d.d aim Lord roles.
The spoot, on the whole, cloned out eare endifitirent, not.
witlistandine the eoniNtly who chose were massed with a
pinch. 4 battle, fur a subeeripti., 0 worse, beter.sto the hewn 1.4
the Ise euoSehelateaa MSWI, t 1 Sb••pv
pr“.,l) man, ri o lute been bet ley U., ao“itryrs of bruising,
a galte., \ leant'. It sea.. rout. et when elettlad but
lode amuse:neat to
,the judges of the trot.

.--.-----..--.-....-- .
HR. SALONfiffteg CONCERT.
.--....0....,__
Mr. SALONAN'S aannal Concert was held, i
Wednesday, at the King's Theaite, which was eta
tencbd by 700 Nobil;ty. Madame Dussta. Signora
GRIOLIETTI, Madame button', Signor Rosui,
Signor MOk EL 11, and Signor Rovtrovo, lent the),
professional aid. Mr. SALOM Atd was, rl-prived of
the assistance of Mr. Naeoi, by indisprwition; but
such vocal performers as we have retied, with a
coafeerto on the violin, by Mr. SALOMAN, which
was rapturously applauded, and a duet on the piano
frnte and the harp, by Mr. Writer'. and Mr.
DlZZT—composed by Nil-court., which w hooodu,
rd by repeated irarim, left 'the company, I blehloas
Bras
as elegant as it as numerous, nothing regr:l-
- Royal Highnesses the Dukes of Kr* r, C. li -
Beat tun, and CAI4IIIIIDOC. were presents al 0,
the Count and Countess Sr•stazu stitch Count
dc.- Boats, Earl PomFIIZT, Mn. and Pdias Uumat.,
e,,. IL ..

The last Bath artivib
Esrl and Caanteu of Cork, recount DI
Pent brokti Hen. Mr. and Mis; atai.fid, Ito
end LddrDuaain, Cid. Smyth. Major and Mrs Mu, ty, Ma-
jor, Mrs. and Mos Popham, Di. Ingram, Dr. Surw.ri,
and Dr.Roabotott.
CoL and Mrs. Beaumont gave a grand dinner,
on Wednesday, at their hou., in Portman-square.
to Lay Sur TN By a DEe, COI. and Mrs. Marcel., Mr.
and rs. Haywooo, Mr. and Mrs. JA IR es
CRAW-
roan, Mr. JAMBS Lei, and Miss COSSEHNOTON.
Visenuntess Misty:LLß' was at Sir IVINDSOIt
Hew LOX.% supper, on Taesday.
The Earl ci Deasy gave a grand dinner, yester-
day, at the Oaks, to the Jockey Club.
Mr. and Miss BRUNTON'S night is expelled to be
one of the most brilliant assemblages of the Sea-
son. His Royal Highness the Prince of W•tu
having signified his intemion of being present.
The Earl and Countess of thee MGR entertained
a seleEt party tn dinner yesterday, at their house, is
Old Burlington-street.
The Marquis of SALISLCRY left town, yesterday,
for Hatfield.
The Countess of HARRINGTON will give a grand
row, next lVedaesday, at her house, Stable-yard,
St. James's.
Sir WINDSOR HueLOKs gave a grand dinner yes•
terday, at his house, in Albemarle-street, to the
Earl and Countess of Rositye, Lord Y A RBOROCP.
Lord W. BILAUCLItIK, General and Mrs. TA IlliToll,
Mr. Sit:vitro,' Mr. SMITH. and Mr. Piave.
Colonel GREVIII.II will give a grand Masquerade
oat Monday neat, at his house in Argyle-street. It
will equal, in elegance, that which we had the he-
none of recording last season.
The Duchess of GORDON resigns her house, in
St. James's-square, to Lord ANSON. on Fully
se'nnight. Her Grace, it is slid. is going to enj ry
the beauties of Kinrary Cottage, Scotland.
Sir A sa and Lady Buse gave a grand
dinner, yesterday, at their hoese. in Hill-street,
nerkeley-square, to the Marquis and Marchioness
of S rAF FORD. Lady Laresom Gowan, Mrs. L 05,..,
and several other Nobility. •
The Duke of HAICLTON has left his house, at
Brampton ; it is now occupied by Lady Woastsv.
Lady CATHICitINE Osroaasa, slaughter of the
Duchess of Laws, is perfealy recovered from ter
late indisposition.
nut third Ladies' Grand Concert was held oat
Wednesday evening at ti Countess of cliftrt...
MONOCLES 'S in Piccadilly; fetes. Bit ttscivos and
Madame Gaaamtni were the principal performers.
A cloud was east over the entertainment, by an
express from Eton, received by the, Eail and
Countess Cirotwounes.se, announcing the insb.- •
pation cf their eldest son, Lord MAL rA-, and
they immediately set oft tv see him. 1,1.5. C•R LS&
presided in their absence.
The Hon. Miss Wotre, whose death we Tester-
day recorded, was daueimer of tl:c iate, and sister t
to the present Lord Kiteiaran.:.. It w:11 b mr-
mcnaneted that she was in' the tarring" •vith her
father %ben he was 1711•411RRIed by Of rebels in
Ireland, in 1.803. Her fdltiaiim acre ibrerted use 4$
Saturday last, by the vide or her mother's. in St. .f
James's burial ;round, in Bath, wirere Lard KAL•
sya an,.t., her brother, 14as jars a.aisred.

I

LAW INTELLIGENCE. •
OUT 01 KING's-13}..NCH, WISIMINSTIN, MAY 2?.
Wings as Nisi Primo before Lord Chief yurisa
ELLENBOROUGH•
CHAMBERS, v. ATKINS.
This was an action for an assault and false im-

the part of the Plaintiff it appeared, that the
mdant was Captain of the Speedy merchantman,
the Plaintiff had been his mate, upon a voyage
the Coast of Africa, in the Spring of the last ypr.
dispute arose between these parties relative to a
moe, which the Defendant charged the Plaintiff
Oh taking. Soon after, some occurrence took
Osee on board the ship, when the Defendant or-
Need the Plaintiff to he put in irons, and after some
tinfiaentent, sent him on shore, where he suffered
cmcrous hardships. At other times, the Defend-
ot frequently abused and struck the Plaintiff ;
nd upon one occasion, when the latter happened
a strike a boy belonging to the crew, for some ir-
egularity, who had at the time some disorder in
is face, the Defendant again assaulted him, put
iim in double irons, and confined him for twenty-
ill days, with an allowance of one pint of water
pet day. Some declarations of the Defendant were
silo stated, wherein he expressed his contempt for
fudge and Jury, as he was a man of property and
tbarearr. He threatened to put the Plaintiff on
board a man of war ; but, upon some concession
being made to him, Ise relinquished his purpose.
tJpon the cross= examination, however, it turned nut,
earlthe Plaintiff was exceedingly riotous and disor-
y epos the voyage. The Defendant fell into a
dangerous state of health, and being obliged to re-
main on shroe,the care of the vessel,with a large cargo
of sl..ves, devolved open the Plaintiff, who was se
constantly in a state of intoxication, that the vessel
was frequently in a most perilous situation ; at one
time, when the ship was in danger, and the crew
%wit to let go a second anchor, in order to safe
!spoor her, the Plaintiff being drunk, seized two
iestlaseee, swore no one should give direflions but
iiimeelf, and threatened to open the hatches and let
.ahe slaves loose upon them. From this very niuti-
Neous condo& the Captain was induced to confine

Mr. Nig for the Defendant, observed, that as
be did not put a justification upon the file, and that
an assault had been proved, a verdict Must go
against him, but as the Captain was in such a its
tuatiou all rendered it. impossible for him to give a
violent assault, and from the very outrageous con.
dud of the Plaintiff, he trusted the Jury would give
moderate damages.
Lord Et matsitoucit observed to the Jury, that
although they must give some damages, yet they
would be guided by discretion. With such a cargo.
and so perilous a command, some allowance should
be made ,for the conduct of the Commanding
Officer.
. Atter a short consultation, the Jury found a ver-
dict of !Oils damages for the Plaintiff.

RECORDER'S COURT.

• sousay, Nov. 5, 1805.
11th day the Court having assembled at seven
in the morning, proceeded to the trial of a criminal
information, filed -. the instance of the Honourable
Company against Robert Heashaw, Esq. Custom-
master of Bombay, charging him with having re-
ceived sundry sums of mcoey, amounting in the
whole to 25,000 rupees, as gifts or presents, in the
months of March, April. and May, 1804, whereby,
'and by form of the statute 33. George 111. chap.
• Si. he, the said Robert Henshaw, had committed
extortion, and had forfeited to the King's Majesty,
his heirs and successors, the whole gifts or presents
so received.
A Special Jury, consisting of some of the princi-
pal inhabitants of Bombay. having been chosen, Mr.
Threipland, the Honourable Company's Counsel,
addressed them on the part of the Crown, in an ela-
borate and impressive speech of upwards of four
Lours. He then proceeded to bring forward an im-
mense mass of evidence, written,eircumnantial.and
dived); which having occupied the utmost attention
of the Court and Jury, till about half past ten at
night, the latter were permitted to retire to rest, un-
der charge of the proper officer, in an apartment
provide& for them by the Sherif.
On Wednesday, the 6th inst. the Court having
met at nine o'clock. proceeded to hear the farther
evidence en the part of the prosecution, and at two
p re. the case for the Crown was declared to be
cl lied. Mr. Woonsousa then addressed the .Ivry,
at consider able length, on the part of the defendant ;
and the examination of witnesses in his behalf hay-
ing taken up till past eleven o'clock, the Jury were
again inclosed.
On Thursday, the 7th ultimo, the Court baying
assembled at the same hour as the preceding misfil-
ing. the Hononrable Company's Counsel was heard
for upwards of two hour', in reply. After winch, Sir
James Mackintosh, the Honourable the Recorder,
proceeded to sum up the evidence se both sides.
1 his arduous task, interrupted oaly by an hour for
refreshment, occupied a period from half-past
eleven to half-past eight o'clock at night. The
Jury were then inclosed, and s'out eleven o'clock
returned with a verdict of " Guilij fat not to the
erfant charged in the informal an." This the Court
referred to record. as informal, and vague, and con-
trary to the pmaice which usage had rendered ne-
cessary in all cases of a criminal nature. The Jury
again retired for a further tine,. and returned with
the same verdia, which the Foreman requested the
Court would he pleased to receive. The Honour-
able the Recorder again exelair.ed the law in such
metiers. and informed the Jury. that the Officer of
the Court would, in strictne,s, be entitled to enter
up the verdiet they had delivered, as a general vcr-
! dict of Gaulty, rejeaing the words of limitation as
surplusage; hot the Court was unwilling that any
advantage should be taken of what did not appear
to he the ince:l:ion of the Jnry.
The Jury then retired for the night, and at six
o'c:...cic of the foLowing evening, Friday the nth
ult• broegh: is a verdict of " Guilty on the 9th
Count Ats the having
received 17 ianore Rowjee.
statute above

an earnest

Count of the infiw warm,- " which impute;
17°,3411 rupee from one `lane
rt.et present. Cc. t.) the St;
The .1.. r at the same time prtferrec