The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-02 00:00:00

BALLOON AT EDINBURGIL

Eutwnrscat. Mownxr EeExtiNc, 7 p.m.
As balloons are not so rare with you Londoners, perhaps you
may not thank rase for the account of an ascent which took place
here this day. With us, however, nut h things are very rare. Mr.
‘‘'. Sadler, who is represented as the manager of either the gaa-
works of Liverpool or those of Manchenter, being encouraged by
Walla people here, has advertised to ascend this day at two o'clock,
from the green in front of Geddes Hospital. His balloon con.
tinned filling, notwithstanding a smart shower of rain about ten,
which lasted for a quarter of an hour; and notwithstanding the
pftiiive negative put to his going up by people who professed to
know better than the committee, at the head of whom was a worthy
professor of wrat science in our college, Mr. Sadler surceeded, by
placanls, in assuring the people that hr really would ascend, as
advertised. About one the illy brightened, though to this hour the
sky has a heavy and watery appearance.
A little before three, Mr. Sadler catered the ear, and all the
ropes which passed over the top of di: balloon being fastened to
the hoop at the point text the c tr, he tnatle his signal for ascend-
ing. I should here mention that the balloon was simply held down
by gentlemen holding by the car, and not by ropes, which require
to bend. A gentleman entered the car, but whetter it had been
arranged he ghoul,' be the companion of Mr. Sadler or not, I do
not know, for he had not been seated &bores minute, when he lost
all nerve, —as reduced to the colour of this paper, and was glad to
get his feet on teen firma. A 3lr. f'ampbell, of Saddle, then came
forward, and doing seated, die balloon was several dines allowed to
rise about six feet. being the height the Gentlemen who had a bold
of the car could reach to, and it was as often pulled down, until at
lam Mr. Sadler thought his supply of ballast was sufficient to
enable hint to rise gently. The holders of the ear having let go
their hold, at three minutes past three the aeronaut. ascended
amidst great cheering: it was grand INyonil description. Mr. I
Green's ascension in !London, at the Coronation, was like that of a
rocket in rapidity compared with thin of Mr. Sadler, which was
almost as slow as a volume of smoke in a calm day. The balloon !
took a westerly direction, rather bearing south, but in two minutes, ,
having experienced a westerly bret7e, it we. again directly over our
heads. It continued to go east, and passed closely over the top of
St. liiles's steeple, the new observatory on the Cal:on-hill. and ap-
peared as if it would fall in the Firth. What breves did exist
had now subnided, and we saw the men of war boats pull off to their I
assistance. The aeronauts, however, hail only for their own amuse- 1
merit thus sunk through the air an as almont to touch the ocean,
fur they quiekly re.raiesinded, and I followed them with my eve
going direct N.h. till half.past four. I hare no doubt they would '
descend easily on the east roam of Fife, between Kilrenny and
!'rail ; by the time I It:: them, they must have been close on that
coast. 3lr. Sadler was attended at bin setting mn by all the
fanlike in this rity at (Lis quiet seance ; I tnyselt noticed the Earls
of ruithnemi and Leven; Sir Alexander Ibm. John slariorihankn,
Arm. Forbes, W. Arbuthnot, Alexander Ramsay, and General
Dull, with large parties of ladies.

It is mentioned in several French Journals that a num-
ber of speculators have gone to Spain in s••areh of leeches,
as PO great has been the consumption in England for some
years past, that France has been completely thairral of
these creatures, and no further supply can be obtained
from thence. flow this news must astonish the world.'
No more leeches in France!

The Fen;ltrtaa Littereire repeats from a medical joutnal
a communication of NI. ltourguet, Chief Surgeon of the
hospitals at Bezierts. which states, that he was called to
visit a male child of eight years old, who every morning at
sun-rise fell into a torpid state, with every symptom of
death ; and, at the setting sun, appeared to rise front the
dead without any sign of his ill health. It was the tenth
paroxysm of this singular malady which he hid succeeded
to cure by administering potions of tined and tin.: sublimate.,

Kew or Ss or eetc.x.—.l simple young girl.
livin4 in Brussels, was lately the of of am w species of
seduction. Two young men pretended to il:spute the band
of the fair damsel, and each sought her in marriage; a
third individual appeared. who called I • elf the father of
ore of the lovers, and Ai red a thousand florins, as his.
son's portion. The damsel no longer hesitated, but dis-
charged the unfortuned pretender. The result was re-
proaches and pretended duel between the rivals. Tears,
outcries, consolements ! Explanations anal general recon-
ciliation. The marriage was celebrated, hut how and
where T in a tavern at a frugal feast, where the marriage
was drawn up anal signed with a pencil. The poor girl
thinking herself a wife, retired at night to the house of her
husband. In the morning she was undeceived. King
turned out of doors ; but the following day the hush:md.
was also undeceived. Ile was arrested, and the affair is
now before the tril Is ; the gay deceiver will soon be
taught that it is nut patni:ted to marry in jest.—Diabh.

LAW I NTRLIMEIVCE.

COURT OF !WIG'S BENCH. THUaSDAY, lift }.

THY twin c. RICHARD STRPIREfI.
In this rue the defendant suffered judgment to 114 by defauth
He had been found guilty of Dbitructing two costoon-hcaisaidlicera
in 11,c chseharge of their ditty.
Ur. Jostler Ham,: v pronounced 01.1 jtitigwierft of die Caws,
which was, that defendant be Imprisoned two mouths in Ilrorchefri:
Imo!, and at the es pirotion of Mat time to enter hoe amities fo•
401. tor his gu,Kl behaviour tin live yea,..

THE KING t•. 7'PIIt'RTF.:I.I. ANT) a!/Ow11i:•.
Mr. Sc• a LETT nb•erred to the I;ourt that diet:lA.l,4 the King
1,. Powell and the hiog v. l'hurtell were likely to oceupy earlier .
able time.

T olt nt X v-Gr ItA I. am hngentted to I,lOTe for a neer
trial in the rate nl• the King t. Powell, but tans not exactly pre •
pared at thin momert.
The Iwntlt l'aliEW JUSTICE—Are you prepared With t:
King Thurtt-11.
Mc.,Hteatrr —The defendantn, my bard. Lee nn the nor.
but sergtunt Vaughan, w:.O in engaged ha Thurtrll, not heir.:
now in Court, perkapn your Lordships would allu4 stand wnet
for • nliort time.

To this ate agreed.
0.% M I HOl-5E3.
Mr. AVIONXEY-IirNEFIAI. mewed for a rut? to tihr,v Goa
why an Attorney of this Court should not be strdek
for receiving 4.4 W. from John Fielder, who ?ens convicted of
keeping a gaming-house. The condition on which the money
obtained being, that Balder should nut be called up fur judgme: •
Rule granted.
TUE [I'M V. AKII snownex.
About one o'clock Mr. Sergeant Vaughan entered the Court,
and the ease was called on.
3lr. Sergeant V t• *HAN observed, that it was his intention IX
move rot a new trial in this case, if his I.o..lship (the Lord Chief
Justice who tried it) should find any thing in his notes to justify
such a mo:inn.
The Loan Cotes JI'STICF.—If any thing can justify It, lad
Court will hear you with the utmost patience. The Lord Calk
Justice then proceeded to read his notes of the trial.
It will be rsvolletted that Thorteles house was batmen, and that
he sued the County Fire (Mee for a sum of I. While the amount of
the insurance. Ile brought an action &gains& the 0(1kw foe the
sum' and obtained a verdict ; but Mt. Beaumont still suspected
the honesty of the transaction, and brought an action
.against
Thurtell and Snowden, and they were convicted of a eons tract' to
defraud the Insurance (Mite, and they *ere no* bratigist rap us
receive judgment.
After the evidence had been rend over—
M r. Sergeant Vaughan addressed the Court forThanstD:urtelt.
and expressed a hope that he would be able to she* the Court tft.;t
the verdict against his client was not justified by the evidence given
on the trial. It could not he doubted but that the introduction
the name of John Thurtell had excited considerable prejudice
against his client.
(The Lord Chief Justice and Mr. Justice Bailey here w•thdrew
fur a short time, and on their return the learned Sergeant resumed.]
lie feared that the sins of one brother were visited upon another
All the evidence given might be true, but he denied its application
to the use of his client. The charge woe made against four
persons of fraud against the County Fire Office, concocted and di-
gested by them. But of all the evidence, "te greater per, of it
applied not to acts or sayings of Thomas Thortell's, but to ?hoie
of John, his brother. The hand of Thomas was net seen doing
any one act, nor his voice beard saying one word ; in fart, through
the whole of the indictment, whenever the name of Thomas ap.
pared, they should real for it the name of John. True, the de-
mand was made on the Fire Offics by Thomas ; but what was there
to shew that the fraud might not have been committed without im-
plicating Thomas ?
Mr. Juatire Bar r —You are not te assume, Brother Vaughan,
that there is no evidence; there is that of Margrete, stating that
parcels of the goods had been taken away a fortnight and throw
weeks before.

Mr. tiers:eats t Vara lIIA w—The only evidence Is that which states
Thomas Thartell to have made the applitation to the Fire-office,
and that he was, after the flee. seen with Snowden at the Poulterers'
Arms, !Snowden basing beea the agent of John ThunelL It was
very unfairly pressed at the trial, that while the goods were all de-
stroyed, yet that the invoices were all preserved. And how stood
the Met, that after the tire the persons of whom the goods were
bought furnished them. It was aim, said that orders were given to have
the partitions wide of light dealt but who gave the directions to fit
up the premises ? Not Thomas Thurtell—he was not seen in the
transartion ; although, perhaps, John Thortell might have had the
guilty intention imputed to him. But if Thomas had been a patty
, to it, why was he not convicted by act or deed, of wine participation
In the transaction ? Thomas Thurtell did not lire near the plum
when the lire tesettrred; he knew nothing of the practices of John
'Morten, though an attempt was made at the trial to show that he
did. There was a total severance of connexion between John and
Thomas, and a particular want of communion abotit the time of
the fire. Thomas Thurtell admitte4 to Mr. Barber Beaumont
that he was on the premises the day before the fire, but added that
John and Ennison remained after him. 'Why, then, because of
that admission, conclude the goat of Thomas? The conclusion
should be entirely the other way. If Thomas had been conscious
of any guilt, world be hare made any admission to criminate him-
self ?

The LORD OPT!' JrSTICE—Btu was not this all for tit'
Jury ? ,
Jr. Justice Rayl.ET—l de not think that whether the party
had been wilfully guilty of setting the Moir on ere or not, that we
have much to do with ft. There might have been a conspiracy to
defraud the tire office even lithe lire were accidental.
Mr. Sergeant VAtrarAN would then dismiss that part of the
subject. There was nothing to chew that, with revect to the safe
of John to Snowden, Thomas had any knowledge or participation
in it. The fraud was intended by John and executed by him ; ttio
goods were sold for ready-monev. and, in fact, there WWI nothing to
affect Thomas, beyond the evidence of Mr. Beaumont, that hw
(Thomas) had deelared his being in company with Snowden at the
Poulterers' Arms. The produce of the goods sold went into dm
hands of John, and there was no communication between John
and Thomas until sfter the tire.

The Lone Cult). J csv7a—lf Metre to gn through the evi_
donee, let tut point to that which was given. Mr. Barbee Beaumont
said, that Thum!' told hint be could procure the Invoices.
Mr. Sergeant VAITOIIAS did not think that this point should be
so strained. He doubted whether original invoices were meant, or
invoices furnished by the sellers of the diffivent articles.
The LORD CHIEIP JUSTICE—Why, you were called upon at
the trial to produce those papers, and why did you not produce
them ?

Mr. Sergeant VAUGHAN—Then, my Lord, I shall not further
proceed on these topics. I know nay duty her it rather to speak
an mitigation t but as the opportunity was affbrded me, I thought
it right to take advantage of it. and eiprest any doubts I had
upon the evidence. Thomas Thurtell had been already nine
months in prison.
The Loan (' It trr Jl•liTtet —Not on this charge.
Mr. Sergeant l'a ~•(..11 A ht-1 have certificates to shew his eat(
of health, and I hop,: y .aur Lordships will not lan upon a bruised
recd, but only deal by my unhappy client as the stern necessity ci
the law requires..

Several effidavits were then put in from Drs. Merryman and
Scott, relative to the broken state of health of Thomas Thune
and his wife; and from the Rev. Won. Watson, and other clergy
men, giving Thomas Thurtell an excellent character for a period
of ten can; and also from the prisoner himself, entreating tle
merciful consideration of the Court.
Mr. lion wry put in an affidavit from Snonden, stating that he
was only an agent in the sale of the goody to John Thtutelt as.l
knew nothing of any conspiracy, and could hate called friends to
his character, but for his name being emaciated with Thurtell.
Several affidavits were also put in from respectable tradesmen,
giving Snowden an excellent character.
Mr. CtnrTy then said a few words for Thurtell in mitigatkin,
principally dwelling on the fact that If the Court considered him
they would take into consideration that he had not acted
for his own benefit, but ter that of his creditors; and that the Coart
of Common Pleas hod refused to set aside the verdict had against
the County Fire Office._

3I r. 11;t:rn r EY said ;few words in mitigation for Snowden.
3lr. St:ARIA:TT was heard in aggravation, and defended 31r.
Beaumont, thorn he thought worthy of the 'probation of eve:y
honest man WI the conduct be pursued all through this transactio”.
The 'Coy T deliberated tw a few minutes, when Mr. Justice
BAIL,: v proceeded to give jodgment. It was his painful duty to
bemotince the judgment of the Court ou the prisoners, who ht it
ben timnil guilty of a very heinous offence, of which a doubt could
not exist in the mind of any rational man. Md could not sr v
whether the tire was accidental or not ; he hoped It was so% for the
pri%oners would have the less to answer for. That, however, they
hail been guilty of a gross frivol was not to be denied. The condaet
of Snowden in the sale to 31argnive evidently sheered tiro he
knew a foul transaction tau in agitation t his conduct was such as
no honest man should have adopter!. One could not help lameut-
ing that innocent wires and children sere obliged to suffer for the
crimes of parents, hut crimes should not therefore pass unpunished.
The four had given this case every consideratiom and their judg.
nirnt was, that the prisoners. Thomas Thunell and John Snow-
den, should be severally imprisoned in his Majesty's gaol of Nev. -
gate for the space of two years.
The prisoners were then removed in custody to Newgate.
131 r. /:apt i.Er. this day received the cengratuLations of several
of ais brother Barnslers on his appointment.]

COURT OF COMMON PLEAS.
THURSDAY. JULY I.

Silting' in Banco.
Still AS D•MI N V. M Et. 1.11111.
The Court having called upon :%Ir.Sargetutt Prt.r. to resume hitt
argun4nt in support of the rule that he hail obtained for a new metal
in this cause, the Lennied Sergeant rose and amid, that it was with
great dididence he attempted to address their Lordships in support
of his rule; for he contessed that it was with some degree of surprise
that he had been called upon on Tuesday last to °flit arguments in
favour of his motion, before his Learned lionhers on the othsr
side had been heard. lie was aware that it was no ground file •
new trial that the damages were large, and that the amount to bw
paid witht a verdict was considerable, sod therefore he should not
mainly dwell upon it in hits argument ; hut althweith he should
nut make it a prominent point, lie might advert to it. tie stood
there as Ctionael for as respectable a gentleman as could be fated
in the city of London, who had beets untAirly dealt bl' ; not by his
Learned ftrothees who were opposed to hie, hut by parties 111 the.
CatillC. lie did not mean to ma: that the
evidence, but he must ever maintain tl

unduly dealt with by the plaiting,: Mr.
several vessels that sailed w the East

.7

t

ti

te verdict tea. against trio 1
thAt Mr. Hellish Isol bee..
r. Mellish, being owner o.' •
Indies, was about bo-

comingthe puedeleer Of the Minerva, of which he was desir-
ens of slaking Lis nephew, Captain Mdla, Commander, who we%
then acting in the Msfetuis of Ely. (The beamed Sergr ant
here adverted mercers; facts relative to the agreenient, which op-
lieerrd in the Beilialr l'reas of Wednesday Wit.) In continuation
be observed, that It wee net to be lost sight of in the censideration
of this case, that there Were two parts of the agreement ; and in 110
prominent I part of the transaction, he could not but lament, that
aoswitiveinding the intimation of the Jury to the Noble and
I.eariefed Isere) who tried the came:, their attention had net been
Crain to that fact. Mr. Al ellish had one part of this agreement and
Captain Bich:it-dam the other. After sonic time, 'emoting
tletcher's evidence, Mr. Tallish wished to obtain that part or the
t,greeme..3 held by the plaintiff, not wishing, as he said, to have,
r s owner of the vessel, a roll h.-Id his bend be the Carotin ;
cud eccottling to this testimony It was delivered up to Mr. Mellish,
tun condition that he would glee it up when called upon by the
plaintiff to do sir, for the purpose of putting it in oreation : Mt
r pon this point he would observe, that tile demand of It iehardson
l ;peered i'n phs4 c:rtnitile ; still he would reed a letter which hod
boils prialaceil in Court, bon Contain Itioliardson to the defend-
dated 11th May, 1d?-, in which he condoled with him on the
01 his r7plww, l'artain 'fill*, and railed upon him :0 make
r.,,A hi. lof a+ as to Ii aching the agreement ; and in con-
ch:sari di sired 51r. Mellish not think him obtrusive. or pressing
his appliention, Mitch he had made thus early. as he (the de.
Ciii`ar.;.) would, no doubt, have nunirmus applications on the toil,-
abd tleki:cd Aar. Ali-1110i to be kind enough to favour him
w bit his apinion as to the teems of the agreement and thin lost
part 4.7 tic I;ttir the learned Sergeant contended ileastrengly in
of his client's case, and that the verdict of the Jury was in
i:arailiction of that evidence. line part of Mr. 111cIlish's
deli
was. that the Marmite of Ely should have her voyage r
the ',topple of touching at St. II circle, which would be at advantage
ei the Captain ; and the plaintiff sought to have the document
siven tip to him, becalm: he stiff red the Martini* of Ely to touch
at St. Miens, by which 2,011111. extra was gained by Captain
ilicharileoii. He could but but repeat his regret at the early expres-
vea of the Jury before this and one or two other circumstance had

. ,
Lien pointed out to them.
Mr. Justice ohwervcd, that the Jut), had stopped I,ml
11;itford on one point oily, viz. whether the agreement was given
top to Mr. Alcllish to In =celled, or deptwat.tl with him Itat sale

costody.
Ms !sergeant rEr.L.is continuation, said that there was but little
probahal•ty nt Captain Mill's death. and moth less probability of
his uhandor•ing the Minerva, anti therefore the agreement could not
have Men wanted ; and it' ever a case required the amistance of a
,nudge to point out the nwe ih/des of it, he euhinitted that this
tact Ilia. ill' hod tin # the ehort.hand writer's noire of this trial
Edon him; and on Tuesday he had heard one of their Lordships
orad the report of land Gifford. The short-hand writer's !Wets
were vuluminnua, and with referents to them he must say, with
a very feeling of respect for that Noble and Learned Person, taint
the report read from the Bench was the most complete condensation
of a report that lie had ever met with. laird Clifford had NMI to
the Jury •liat they night find damages for the loss of two voyages
,but lie niatibly submitted that they could mu do so according to
Sue 'vide me, although the Jury lai'd given 7,slert. on that ground.
Excepting Captain Younghushand, no tenons haul sworn that •
soyage was worth more than 6,000 or 7,0001.
The Loehr lilt Et. Jus-r te g—The Jury did not give damages
to the 'Mount of the lam of the two voyages, but a coatl'en'otafil for
them, Probably what passed in their minds was, that they could
r". ..•e• the gentleman all the profits of two voyages, as he dial not
recent on then, but half the profits that would probably attach
to them.
Mr. Sergeant Puts., in continuatim, observed, that the sen-
tient set forth that the command 1.1 the Minerva had been given
to another 'anon for the two remaining voyages, but no evidence
of that had been given, nor could it, because the appointment of •
s aptain trust have the approbation of the Court of Gireetors every
tnyage, and therefore the averment could not be proved. flow
*void any one be appointed to the ship for the last two voyages,
when she was out on her third voyage nt the time of the death of
('apt. Mills, and Cato. Richardson might have been appointed to
the command of her for the fourth voyage? The Jury. therefore.
t 0014 only have given damages to the amount of 7,atta upon the
principle that It ass tiro the hiss of two voyages.
'fbe LOUD CHI ct• Jusro E —But another man actually did
3•1111111111111 the Al tiii•rea on the two remaining voyages.
Mr. Sergeant PEI I. re/Milled. (*sprain Richardson tieing re-
f mud the command on the last voyage, brought his Winn tut the
11.16% of two voyages.
The COURT—Tine agreement had view to the voyages that
Were due.
Alt. Sergeant Peet said, that it could only operate as the voyages
laiaune due. They were distinct promises, which could only be
azted upon *stile coursed events antes. Capt. Richardson might nut
lave tailed tor the command on the fourth voyage; ill health. his
bankruptcy, which did occur, the loss of the vessel, and other
causes Might prevent him from asking for the command, and there.
lute he could not be entitled. under those circumstances, to recover ;
cr supposing even that the chip was not in a condition to undertake
u soyage, was site to the sent out to prevent the defendant being
auh'ect to an action? But if his client knew of a legal bar to l'spt..
104: 's command, lie might have said " you are not in a
'audition to press inc to act upon this agreement." lkfure the
uppointnieut to the fourth voyage took place, the plaintiff had be.
LADS bankrupt, and the detentient might bare said. " 1 will nut
otipuint >nu, beeau.: you have been a bankrupt." The Learned
Sergeant continued by observlng, that he slid nut mein to say that
Cat would be a good ground of denial in point of law, but the de-
4eratiant hail a right to put it on due record for the Court to say
libeller it was good ground of denial, and he believed it would
Lase Len objected against the plaintiff by the Gin:tains.
I.or u Corte Jeseice—lkother will give you a
iseaanger case, supposing the plaintiff had died, which might be
tomenplated. The Jury have taken all these considerations into
account, and ban:given only damages to the amount of half the
•sossfits of two voyages.
Mr. Sergeant Pets then said, that in that case they hail taken
contingency.% into their consideration not put to them by his bro-
ther, frit he only went for damages ; and he humbly submitted that
the Jury had given damages in respect of &subject matter that they
had no right tia give damages at all upon. 1 The Learned Sergewit
litre read an agreement motel by Fletcher and witnesmal by Rich-
ardson, under date of the 4th January. 11119, which Malta that
Fletcher had bought for Mr. 31ellisli twelve sixteenths and four
eisay.thivils of the Minerva. The production ut this paper was
oisjosed moo the trial, upon the ground that it was not itartqwd.
It was tubed by their Lordships that, according to burl Gifford',
mutes, it had never been regularly tendered as ellitiellre sits the
Tie object Mr producing it was, to prove that there
were other owners tit the Minerva as well as Mr. Mellish.]
The list of passengers put in co the trial was then adverted to by
the Learned Sergeant. It was made, he said, under the enrolment
at the Sad less. 111. esp. IU, sections 15 and Ili, which declared
that otheldp to vessel should sail without giving a true end perfect
list of the passengers on board, which shall be exhibited to the prin-
cital'ofiker of the Customs at the port of clearance; and that a nip,
1/1 such list shall be sent by him to die Secretary of the Court of lit_l
rectors; or if daring instil Inch*, to the chief officer of the Settle-
Mad. This lie submitted was nut • sufficiently public document
to be produced to show the loss of the plaintiff. The object uf the
damment being answered, it could not be brought to bear, as Hi.
cliatinon had employed it. although a list of the sums opposite to
tarsi name ass inserted. Ile submitted, that the agreement, as
e•sr or in the record. was null and void in low. It Whig contrary to
the by-lowed the lemitpany, it could not be entiweed, and nu right
of action would rent upon it. By the By-laws, chap. 13. arc. 11, it
was declared. that hereafter no owner shall Kell or take any gratuity
or wartailarstion from • commander, nut shall any formai buy,
pays or give any such gratuity or consideratkot of beaming a cont.
almoner. A commander benccifirth engaged therein, shall be Inca-
•Sle of serving in such capacity ; anal it shall be competent to the
Compaay to diecharge such slurp lirom the sets ice, awl all parties
so tog tged shall be liable to a realty of dostbk the amount paid
arid recited. In thermos-examination of Fletcher. it was dieted
from bum, withgreal difficulty, that he was to pay 2,1111401. to 3lellish,
t: the asreement did not take place. Ile submitted that the agreement
was void, as • fraud on the Last Italia Company, and as a fraud
oo the part owners of the enrol • for this was an action brought by
Richardeon against 31r. Alellish, because the latter Mel nut appoint
hi'. to the commend of the Alinerva. But the presentment of the
plaintiff by the defendant could not be considered without preju.
dies and bras, and therefore did nut awe within the intent of the
it, law, which declared that the presentment alum he free, sniper.
cad disioterestesi ; but that it could nut be, if Mr. Mellish
probe:unit Capt. Richardson to avoid an action.
The Loau fine:,' Jti strict Isere interpreted, and said, if this
preeelinient could nut be bought within the meaning of the By.
hors 'mur could be.
!117 rgt rgeant Pet t. said if he could, from the documents, shew
that the agreement was illegal--hr did not mean molly, but le-
e:ly corrupt—be should, he tought, be entitled to his maxim.
Toe terms of the agreement were, prowelel Alellith purchased the
Minerva, provided the East India Company should agree to the
exchange. It was s fried on the Last India Company in not
making them acquainted with the agreement. Airother point of
frau I was the consideration. being the giving up one ship for
anodise, and also Fleelyer'e:JNlOL lint the direct considnati 111 l sa.
tile exeltange of the ships on the condition that the Marquis of Li!
should go to St. Helena. But it might besaid that roily pecumaa%
consideration was contemplated ; still lie thought that could eta be
gravely contended for, as roods and chattels might then be substi-
e uttal for ineney, and the bylaw continually evaded. The agree-
sucat was illegal aith reference to its. pertomitere of the vessel 4
wad he would ref., their lairehthips on dos raft of the question to
nit' etne ui " 4:3111 1. 1101/t," tltarnrwall and Creseiell's Repots)
whi, n touched on &hood every point of this important Carne.
t 'Asa and Hope were ships huebanda, and managing agent* of the
%hip Ilerefottl, and it was agreed that they were to continue such
agesey t. 61 lois, ao, they conducted theimelyee faitlinilly towards the
odrer but the latter dinharged them in tunkequence of
t: hairksuptcy, and they brought an action against the. other
part-own.. to be re-instated m the agent", but the Court held that
they could rot recover. The Larne Sergoun concluded by
tha• Liao the Court for the &negation given to him, and submitted
that it he were not rmitled to a new trial, which he confidendy
hoo-d lie ma, be was trlitled to an arrest of juderent.
Mr. Sergeant I. sots tuilowel on the *Mlle ante, and abetters],
that die amount et' Minors dud tint sumach afflet his client as his
anxiety with regard to kis daintier. Ile trusted their Loniships
would grant a rca Una PO the justice of the case ; but, if littt
on
die justice. at luso on the law uf the case.
LORn Ceder JEWVICE--Unstur Lawn, if Alf. Mellish is
lighting fue hi. cithracter he had better give up the LW in this
case.
Mr Sergeant LAV/F4 went on to argue twoh the law and justice,
with refereece to theft bearing iu tenon of his client, and humbly
prayed the Coati to grant a new trial, or ae arrest a judgment.
Mr. Street-ant IV '.DE, on the same side, remarked, that judg•
scent should Ise arrested un two grounds; tint, because there was
we etwe.ideviitioc fa: which the actor: w.n 'erfroht ; secutally.

if there was a consideration it was an illegal one. Upon the first
point he would ask, what was a consideration 1 It was that a man
was shout to give up something that he had a right to main; but
could it b; said that a Captain had a rii.ltt to retain the command
of a vessel is defiance of its owner aLd tic n..tment Mr. !Delilah
became owner of the 31inetv• he could discharge Captain Richard-
run ; therefore he submitted it was no consideration. But on the
second point, if It be s netsukes:inn, then he contended that it was 1
ran Ultra, ode. inasmuch as it was a breach of the Dye-law of the
11.1,11 rt of 11)irectors.
The (oral at three o'cluclt intimated to the Learned Sergeant
that they could DOt then hear his further arguments, and i 111 l
ate!, role.