The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-02 00:00:00


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THE RUSSIAN SQUADRON.

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••• •

-.....mai11.....
*4CI et • LETTS% 111 LOW ON sorian Tilt
/SO sboor, s•rese *tRIVAL ream LISION.
a The Raven sailed in August last, with convoy
spithead, for Oporto, Lisbon, and Gibraltar,
oil, all which having delivered in safety. she
red to Lisbon. and was orders] to cruise of
Bea Th. Lively frigate sailed lions Liaben, on
rah of OBober, with seventy sail ot merchant
• is under convoy for England, with the greatest
nef the principal merchants, their families, and
;lefty on board. The Lively left the Raven to
uoe of the Bar, and prevent English vessels from
iriing the Tagus. On the OUth of ()Bober the
,woe's Proclamation appeared. declaring it to be
is iutention to unite himself to me Emperor of the
reach, Om kc. 01 the sth of Nov. the Raven,
h,„ue other E,,glish vessels, being at anchor off
e Bar, in Cascies Bay, were fired upon by their
oeies. We got under weigh. hut the Foe mer-
.it vessel, from Portsmouth, Mr. Askal master,
was taking in a cargo. did not move, when they
gain fired upon him, and he WAS obliged to weigh
a stand out.
.. It proved very had weather, and the Races
t driven off to Southward. On the 10th of Nov.
. having tegained our station, observed • squad-
,n ot large ship', seven in number, in the offing,
ending ist for the Rock. A very strift look-out
ing kept in the might, we observed some signals
je with blue lights, and which, in hauling for
fir set, we presently found ourselves close to a
.rgr ship of the line, caret ing two stern lights end
up.t;ghts, with several others in company i they
were to windward of us, and the Rock of Lisohn
pie miles on our lee beam ; we tacked and stood
Ong their line, and passed close to their stern-
"it ship; t:.e night being pretty clear, we could
cgs !y discern their hulls with the naked eye I we
raciol kind stood alter them, in their wake, and en.
felvaured to get to windward of them.
a At day light, we found ourselves a little to wind-
ward or ti .e sail of the line, and another a coosi-
?rrable distance to leeward. After making the
goal signal., of which they took no notice, they
brevet) a litue, and 'hewed English colours and a
Loan Jack I.3rward t when we observed them
taking Pi!ses on board under these et lours, from
mo boats, The weather bei. g very bad, no other
boats were out but those, tveretore it appeared
prineditAted. They made a few signals, which
plainly Mewed they were not English. The private
egad was made, which was root answered ; and
dry were observed, after getting their Pilots, to
inn ai-eft in for the 'Tagus. wait the wind blowing
*gale right on the shore.
•• We instantly endeavoured to recover a cutter
which had parted from as, and having done so. in
Stow I.nuri she was dispatched with the intelligence'
to the Commander-in Chief. off Cadiz, and which
probably he had in forty-eight hours after, when wp
made the best of our way home with the dispatches,
as we decided that if they werb enemies, tney
might endeavour to form a jurselion with *West
is Cadiz, having joined the Portuguese tiosadroo,
Lye sail of the line, frigates, bris. /cc. kc. This
happened on the morning of the [lth of November.
having Jogged them since the afternoon °kite loth
November. The Boren felt the Rock the evening
of the 11th, for England, and arrived at l'lymoath,
after a very boisterous passage, in thirteen days—
ene day before tie Princess flizaheth Packet,
w:iich Lft the Rome off the lilac of Lisboa. OW the
I ed November."

THE LORD ELDON.

TO THE EDITOR.

Ste—Several coatradiaory accounts having ap-
y.ais-d of the recent anion with the Honourable
C,,nipany's ship Lord Eldon, I send you a corral
account. drawn up by an Officer on board.
Your's, tc. P. Q.
IITIACT Of ♦ Mill !NOM ♦r (IMOLA 0$

SuAMCI T14111.1.111)_11{LIDON LASE-ISDIAMAM.

" On the f)ei of November, at a quarter past
fon:, a m. Ills Maksty's ship Ardent. of 64 guns,
e s'emrnodore bore W N. W. nearly half a mule
th-toice, the lest of the fleet considerably astern, it
semi thick weigher; the officer of the deck seeing
a s.-sel coming up in our wake, took her for the
E.r'ase, until she came alongside the Lard 'idea
anJ hailed iss, desiring the officer of the deck to
heave-to. 'the (Aioer of the deck sent in, and in-
-6,lmi-d Captain Young there was a King's brig
hail ag us, an.l desiring us to heave-to. Captais
loons immediately came on deck and hailed the
brig, demanding who they were, three times, before
they answered; at last, they replied, they were His
Majesty's Ron-brig, Sums; ordered us to heave-to,
and send the Captain on board. Captain Young
replied, the Commodore was a short way a-head ;
and, if he obeyed any orders, they must come from
tl.at quarter. He answered, you are afraid of get-
ting your bands pressed ; but I shall have them.—
The people were by this time coming on deck to
quartets. Captain Young mined the foresail to
he set, instead of shortening sail, being fully near
the Commode); e, and moth a-head of our statics.
Cszne corn tie immediately boarded us, with
about sateen or eighism hands, and took possession
of the poop and the wheel, and fired several Tellies
of musquetry, and several broadsides. We got our
people to quarters—got the boarding pikes, at. and
cleated the poop of the Frenchmen, who jumped
onboard, several being wounded. One man, who
ssaa at the wheel, was mortally wounded by Capt.
Young. We had by this time got our great guns
to bear upon him, and the adtion continued for
nearly two how'. He intended sending a boat to
tsiard also; but they declined boarding us, seeing
Nee fate of their countrymen. She must have had
many killed, as nor shot were well direeleci ; and a
great pan rit the time we were close to her. The
Ardent also opened a fire upon n:.r ; but the wind.
being light, she got out her sweeps, and unfortu-
sanity got away. %Ve chased her for some time;
aid the Commodore sent his First Lieutenant, with
tv.!•,..y.tuur bands, to assist us in taking possession
at 1.. r It, from her great superiority of sailing,
g etf. Our foremast and rigging, sails, &e.
s.•-re much damaged: fortunately no lives were
l.it ; and only Captain Young and a few men re-
c.. v-d rr ittirg wounds. ALTO y baud on bossd be-
ha mei uticommonlli well

„, •
~/ '-', ...^ .:, •-•
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. • ..i ' .' rt;- :7`. .
C LE RUN WELL SESSIONS, Due I. !e should not be at such expense aria trail& I Mean-
--h.-- log. that his Lordship would have bieeself mere-
UNPARALLELED SWINDLING. ed hies. After having Meted the variety of tape-
nir herd Andrews stood indi&ed for defrauding dients by which the Defendant insinuated himself
Samuel William Davidson, Esq. late a Colonel in the into the contideece of witness, and also the numer-
East India Company's service, of the sum of two our promises he made to procure him one of the
thousand pounds, under false pretences. Earl of Beuberough's borotrehs, the whets: pro-
Mr. ADOLPIIVS, as Junior Counsel, recited the ceeth Ito state the amount of the various monies
various counts in the indictment. which he advanced the Defendant by his desire fur
Mr. GL [ADZ stated the case on the part of the accommodation of that respected Nobleman.
the prosecution, He said he felt confident that the The Defendant having volunteered his services to
Court would conclude that there never was a Colonel Davidson. first as a private Secretary. and,
case so extraordinary submitted to its considers- onthec.,t intorefus hs
refusal this offer,
some sumsoffer,nestas of money,
a generbe.
friend,
Lien. He meant extraordinary, in de manner is had it
which the fraud was committed. in the devices to longing to the Prosecutor. At this time be had got
which the I'ri.oner resorted, and, above all, in the his whole confidence, and, in the language of Col.
gross attempt to convert the unsuspecting confi- Davidson, e although my credulity has, I con-
, dente of the Prosecutor into a species of evidence less, made me appear almost as an associate.
of his association in the criminal designs of the I still solemnly declare, that Andeews, from his
Defendant. But in proportion as the Defendant manner, his strong sense of gratitude. and the reit-
guarded himself against the due famishment of gious solemnity which he then assumed, in the ex-
his offences, it was the duty of a Court of Justice to passion of that feeling. entirely silenced every idea
proted the Prosecutor and the country from the deep of suspicion.” He accompanied the witness to Roe.
machinations of an ingenious conspiracy, and to pre- hampton, on a day when Colonel Davidson was to
vent, by salutary punishment. the farther extension dine with Mr. Goldsmid. for the purpose of seeing
of such delinquency. Against the commission of the Earl of Bessborough, who had a villa in that
flagrant crimes, the law of the land had provided a neighbourhood. About half past nine he called on
porresponding remedy. The criminal who was con- the Colonel, told him his Lordship was not at horde,
Tided of a burglary was doomed to a certain pu- but that he had received a very kind message from
nishment, and against the man who would attempt his Lady, informing him that his Lordship would
a personal violence, the aggrieved party had the be at home on the next day, and she was assured
certain method of proceeding for redress. Still that he would be glad to see Mr. Andrews. After
there were offences which, trout the ingenuity of the' a variety of devices of this kind, he succeeded in
delinquent. and the peculiar manner in which he getting a check for 10001. from Colonel Davidson.
concluded his operations, that one must be almost in order to be given to the Karl of Bessborough,
the creature of suspicion even to hazard a doubt of who, from his report, was much embarrassed.—
his comeliness and good intentions. Impressed There was also another thonsand made up of the
with this inference. the Legislature had determined balance which Andrews had in his hands, the pro-
to make frauds committed in such a manner, a perty of the prosecutor, and a draft for 4001.
higher offence, and subject to greater penalty ; advanced by Mr. Mauls', on Colonel Davidson's
aid in the reign of George 11. they passed account.
the Ad upon which the present indictment was Mr. Maltby proved the payment of the draft for
founded. Upon this Statute the De.endaet was 4001. to Andrews, and deposed, that from the
arraigned, and it was now only necessary to state coned sations of Andrews he was sure, until he heard
the merits of the transation. The Prosecutor, Co- it contradicted by the Earl of Bessborough, that the
Donal Davidson, had spent the greatest part of his money was for his hardship. He detailed the ea-
life time in tie service of his country in India. He riots engagements into which Andrews entered
was a man of very pleasing manners, and had for the return of Members for Irish boroughs,
acquired very high honours in the military from the patronage of his Noble Friend. It the
profession. He was also connected, by marriage, returns were not quickly made, Andrews plc iged
with families of distinction and repute. DI the himself to return the money. And the witness
Prisoner at the bar he should say little, unwilling looked to Col. Davidson for the draft for 4001.
as he was to prejudice the Court against him ;at which he had paid, and which he then prodneed.
the same time that he must say, there never with the initials R. A. (Richard Andrews), in-
was a man who so studiously comported himself; 1 dorsed upon it. The Defendant had represented
with the most extreme simplicity of manoers,he made himself to witness as the heir to Bishop Andrews,
a superficial literality and frankness of disposition, and melded to the sum of 200,0001.
as it were, his dire& aim ; sod thus having thrown Mr. Martin French proved the frequent meetings
sespicion off its guard, no man possessed more in- tithe Defendant and Col Davidson, at his house in
genuity in carrying his contemplated frauds into George's-street, Portman-square. At one period
execution. Soon after the return of Colonel David- the latter charged the Defendant with not fulfil-
son from India, be was coi.fined in the King's ling his promise of getting him into Parliament.—
Beech, and there, unfortonately for him, from the In reply, the Defendant threw himself upon the
exercise of a charitable feeling, he became ac- floor, stud in the most solemn manner appealed to
eikrolosited with Andrews. Upon his suggestion. God as his Judge, and he believed in a God, to strike
Davidson advanced the sum of tea pound., I him dead. if Mr. Davidson would not be in Perlis-
and undortanately for that Gentleman. although an went in the course of a week. One day be called
ad of bounty, it was pregnant with the numerous 1 upon him to go down to the hotel, in order to me
na calamities, which, tro that moment, followed in The Gdzettc. waere his return was officially made.
close succession. It is impossible to enter fully on the testimony pro-
This very tat led to the plans and future conspi. diced by the Prosecutor, but the verdid has proved
racies with which it has been Colonel Davidson's that his uncommon diligence and unwearied endea.
misfortune to be assaulted. And, indeed, in a gene yours to bring every circumstance before the public,
sal vies of human name, it be adowir-et. that, have been eameltiely sueoreeful, opposed as be was
in such a place as the King's Bench prison, who. a to every species of chicanery and device.
variety of diameters are congregated. it is Any for The Earl of Bessborough deposed, that he never
any speculating delinquent, although he rif ght knew the Defendant in any other capaiity but as a
not be on terms of intimacy .wren the individual niethiicant. He recollotted that on the 6th of Ja-
against whcm his schemes are duelled. to kern naary last. he had received a cop from him; was
enough of the general disposition or the partiru- meal surpri.ed at such an occurrences but. in
lar weakness of his character, upon which he might the end, although silver gilt, he had paid Mr. Char-
build the probabilities of his meditated frauds and man two hundred guineas for it.
impositions. It was thus with Colonel Davidson. Charles Gubbius, clerk in the house of Snow and
The facility with which he advanced the sum of ten Co. proved the payment of Col. Davidson's check,
1
pounds, to the view nf Andrews,ezhibited him as an in two bills of 2,5001. each.
easy prey to his plunder and depredations. He Messrs. Cuisine and Atter, for the Defendants
argued that he could not have a better man upon contended, that the evidence did not support the 1
whom to prattle the various ads of fraud which incitement, nor was the indictment drawn under the
are detailed in the following evidence. After some meaning and comprehension of the statute. They
general observations on the high political connee- cited some caves to prove, first, that the averment
tions with whom the Defendant affected to be most should be for the embezzlement of a check, and not
intimate, and with whose signatures or franks. di- for money ; and next, that although that check was
rected to him, he had, whenever suspicion took paid in Bank-notes, they were not, according to
any ground in Colonel Davidson's mind, almost ion- legal interpretation, to be considered as money, or
mediately, by a new device, silenced it, the at all within the meaning of the statute upon which
Learned Counsel concluded hisablespeech by antici- the indictment was founded. Mr. Alley cited a case.
pacing, from the justice and impartiality of the jury, where a man of the name of Brown was tried for
that verdict, which he was sure, equally is point of I receiving money under false pretences; and where
justice to the Prosecutor and to the country, they 1 he argued. before Lord Ellettliorough, that the
would find themselves bound to return. Bank-notes he obtained were not, within the mean-
Colonel David,ea,deposed. that he was in the ter- rag of the law, to be considered as mom. It was
vice of the East-Inal% Company for five and twenty true. that Learned Judge. much astonished at the
years. That he first knew Andrews intim King's. objection. asked him " Did he mean to argue that
Bench, and his first communication with him Bank-notes, the circulating medium of the country,
was when soliciting subscriptions for a person (to ' were not money t" He answered, that he would,
whom the Colonel pointed) of the name of with his humble talents, maintain such a position. In
MrCtillum, who was confused in Horsesnonger-lane, the course of the trial it CRUX out that the Pri-
and who was absolutely destitute of the common toner had received half-a-guinea and some silver in
necessaries of life. For his support the witness the advance of the money, and the argument. of
subscribed, and gave to Mr. Andrews the sum of course, did not take place.
101. After that occurrence, wham saw the De- Messrs. Gi.s.aus and Bo were surprised at
fondant frequently, and unsferstomeirom him, that the objections of their Learned Friends. Perhaps
he was a man who had spent a very large fortune in there never was an indictment so accurately drawn
eledioneering pursuits, and was still connected with up ; and was Its *semi to follow their advice, be
the most elevated characters in the political would have ellcrificed the consequence for the cause.
world. He told him Earl Fitswilliam valued him But it was idle to contend that the crime was com-
as a dear friend; that the effettio• of the Earl of plate. until the money was received. And as to
Bessborough was that of a parent; and as dor the the other objection, the Court would not, on slight
friendship of Lord John Fowushend, common grounds, revoke the opinion it had given on that
gratitude bound him to be his friend ; as be point in the case of the King e. Perfect.
(Andrews) had almost ruined himself in advances Mr. Apt:Ha/Hui, with peculiar energy and alo-
of money during his Westminster contest, inde- queues. contended. that the objections were insup-
pendent of keeping three open houses, at his own portable. Upon what did Mr. Alley rest his con-
expense, during that contest. Lord Robert Spencer elusion ? Upon the astonishment of Lord Ellenbo-
was also one of those kind friends upon whom be rough at the opinion he (Mr. Alley) entertained, and
could sincerely depend. Indeed, all the characters the diserine which he wished to uphold. And, be.
he bad mentioned were aware of his value, and of cause his Lordship was thus astonished, the Court
the sacrifices he had made, almost to the amount was called upon to convert that astonishment into
of his wife's fortune, which was 28,0001. In one a determination of the King's Bench in favour of
of these conversations, the Defendant produced a Mr. Alley's objection. It would, to ordinary on-
toner from Earl Fitswilliam, and franked by him. demanding's, produce a different conclusion ; and
in which he said a draft for 5001. was iocled : persons would be apt to infer, that had the argument
and Andrews observed. that when that Nobleman • taken place, and had Mr. Alley persevered in hie
was acquainted with the circumstance of his objections, the Learned Judge would be much mere
(Andrews) being the Candidate for Ipswich, he astonished at the tooted attachment of his Learned
(the Earl) observed, that if he was aware that it Friend to the strange doctrine to which he was so
tees die Defendant's wish to get into Pediment, i
srentoveably =lieut. Relative to the objection,



that &alb Oates were not to be tomidered as gone-, •
be would assert, roundly and broadly, that to
intents, as being the circulating medians of thocom.
try, they were money. From the period the 4.A ••
was recognized as a trading company, its !wiper
gradually rose in estimation, and was no* identified
with the renney of the country. In every clause
of the 97th of George lIL the mre silk money
is defined as cash, and notch and money at•
considered as convertible terms. Indeed it wok '
impossible, in the present state of this country, tie •:"
hold up.a contrary opinion, and since the time of a
Lord Mansfield, is was held that Bank-notes were
ateney. In the Annuity AEL though not • penal
statute, yet nearly approaching to it, ',fled Rearm
admitting the broad assertioa of Mr. Erskine, • '•
cided, that such notes should be thus considers •
end the whole Butch, with the exception of Mr. Jus.
nee Buller, wt.° wis tardy to go so far, concurred •
in that °pink's. Bat it has been contended, thi.t
because notes might be refused as a tender in a ,
civil action, therefore they are not to be considered
within the statute upon which this indiftment is
founded. The answer was, that sixpences and half-
__ •
mites. after a certain amount, were net a legal ten.
der ; but will it be asserted that a man defrauding
ancther of any amount of such metallic coin. wan
not subjeB to the penalties of the law, foe futile-
lently obtainirg them, because, after a certain
amount, their tender was illegal ? With one obser.
cation he concluded ; he could not reconcile the
view of the law taken by Mr. Alley on the present
case, with the direly opposite opinion given by
, that gentleman in the case of the King •. Forfeit.
I and which be was awaited had a very great weight
in the decision of the Court. An needles% ebell
took place to have a special verditt. And after
a speech to evidence, from Mr. Gwen tv. in which
he laboured to peeve, from the improbability of
any man's being so credulous as to be deceived by
the admitted trauds of his client. that Colonel . t
Davidson was an associate, and the case on both
sides was cloyed, the CMAIRMIAN summed up the
evidence, and the Jury, without hesitation, found a
verdiet of Guilty. 'llse point of law retnaios lee
ulterior discussion in a higher Court.
the Court was extremely crowded.
1.-4 W INTELLIGENCE.
COURT OF £ISG'S lEMut, Gets , Dad. t. •
Lard P.; taissoeovon sal at Nisi Pries.
MIDOBIR BURN and OTHIC/LS V. SILL gird CO.
This was an aehon upon a policy of insistence,
neon goods shipped on board the lifisiorea, from
Jamaica to London, which vessel was lost open the
passage, near Cape Antonin, and every sod me 4 11
board perished. The evidence &digitalis SUM"
fore, was mostly upon the part of the Defendants s
and the witnesses were persons belonging to the
ships of war which were employed in convoying
the Beet homewards. The defence against the ha-
bility of the under-writers was.that the ship in spur -
lion was neither tarnished with aproper supply of
sails, nor had the a sufficient number of gm en
board to navigate her home. The *sepias el sea- •
worthiness goes this length. that the kunst man
chew that the ship is sound in the balk sqeipped pet.
perly with sails, rigging, &e. and having es beard •
sufficient number of men to navigate her ; end if doe
owners of the ship cod goods fail of pertorettag
these obligations, they cannot render the ender-
writers liable. to the present case Messrs. Grant
and Reed were the owners at ase ship, and Wee.
derburn and Co. the owners of the goods. That
the ship was sufficient in the hull there was no-ques-
tion made, as it appeared. from the evidence, that
considerable sums bad been lately expended in Teo
pain; and also, that she commenced her voyage .1
from this country in a sea-worthy condition ; and
if she had bad the same complement of sails when
the commenced her voyage from Jamaica. there
would have been no question upon that point of see.
worthiness. There was, however, no evidence of
that sufficiency ; but, on the contrary, she appeared.
from the testimony of a Capt. Mackenzie, belong-
ing to one of the ships of war, to have had sails
wholly deft/live, and totally incompetent for such a
voyage. He said. that when they were shout so
sail, he discovered the mien-topsail so ragged. that
a curricle might have driven through it ; sad other
Witnesses said it was very unit for use, ai.d
totally unfit to go through the Guiph. The Cap-
tain of the Alineres never said he had two eau
of sails, and it did not appear that he had
had any others. otherwise he would have set his
best leg forward, and done what he could daring
the storm, in aid of lie crew, with the assistarce of
the other skips. As to the point of the complement
of hands, one Witness said, that the vessel had
sailed from this country with seventeen men, but
that ten of them deserted at Jamaica, and that the
remainder were not sufficient for the revise. An-
other Witness said, be went ea board the Minorca
when homeward-hound. and that he saw I I or It
men, and that it was as well provided wish seameu
as the mars of war to which he belonged, which was
700 tons burden. The Minorca was of 400 tons
burden, and therefore at that rate it ought to have •
had CO men ; whereas, by other testimony, it only
had eight, three of whom were Sounds', and
three boys.
The Arroasrav-Geezea 1., on the part of the
Plaintiffs, stated. that it might have happened
that some of the men had been deserters, and had
concealed themselves below when any of toy o--
des of His Majesty's ships came on board. It fur-
ther appeared. that the Captain of this vessel did
not answer the signals made to him ; but this was
thought to be more owing to stupidity than from a
disposition to tried, otherwise the matter would
have been comprehended within that count in the
declaration which charged it as barratry.
The Jury returned a verdict for the Defendant.
No other cause of poolic interest occurred.

COURT OF COMMON PLEAS, Get . Dtc. 1. 11,
Satis”gs at A isi Peres. /*Awe Leal Caief Jr4,ace
M•mbrucka.
Several undefended oases were tried. The
Court aejoutord at ele v o o'clock.
COURT OF EXCEIEQUItrt, Warrietaarea,Dac 1.
batt'itzt Itiere Me Loss Com Basew.
Sense Revenue causet, of no interest 1 to the
patties. were di.porcd of ; after which the Ccurt

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acij.Atrt7ed at two o'clock, and the Raronl proceeded
to join the rest of the iclect, At Se. jeant's-inn.
SERJEANT's-INN, VNICERT-LANE, Vac. 1.

EDeren!) Cli.coN.
This day a sseetilig uf. the Judges took place at
Serjeant's.ii.n. to hear the argamrnts of Counsel
on the points left for tech- deci .1. al, in the case of 1
. Edward Gil.ow, who was stied at the Ohl- Bailey,
° for setting hi. house on ti •. with intent to defraud
the Lond,nl Assurance Office.
Mr. Ks 0. PIP . .)n behalf ef the Prisoner, stated ob-
jeftions to the count in the indiametit, which
charged bins with an intent to d• fraud the Insur-
ance Office. There had been t policy of insurance
granted by the London Assurance Company to Gil-
son, upon certain property, which tie had in his
possession, in a house, at No. S 3. Goodge-stteet,
Chesil:nide, but previous to it. expiration, he removed
to a house at Na. 13, Boswell-cc tit t, St. Cle-
ment's Danes. The terms of that policy were, that
i • 4s to be granted ander the Seal of that Coin-
pa .y It was transferred from the former !lonic to
the Litter, and the transfer was merely signed by
two of the Diredors, upon the 16th of Sepsernlier,
1106. On this removed or renewed police, arose
the question, which was left for their Lordships' de-
termination, and it resolved itself into two objec- I
tions ; the one veils, that the indorsement did not
appear to be under the Com mon Seal of that Com-
pany, and the other, that by the Aft of Parlia-
ment, an instrument of that kind was legit:red to be
stamped. It would surely 'be a hardship to say.
that in a cause of this kind, where a man, who had
insured hi. goods, could not :ccoier. on account of
the informality of an instrument, over the form of
which he could have bad ne co:afoul i yet that it
should be deemed good to operate against hint in a
question where his life was at stake. With regard
to the cues that had been decided, as to this point,
they had all of t: em been cues of forgery, and the
instrument produced in evidence, the fabrication -of
the person against whom it was produced ; bat in.
this particular the present case differed materially.
. The policy iii question was not the aft of the hi-
p aver himselLeut of the insurers,and it coals' 'tot be
* at all Jeu'itrd, that it was such as would have been
void, in case of accident by fire. In Supposed
this. Mr. Knapp cited 'several eases, whele ii bad I
been so decided ; and also referred their Lordships
to the Acts of rialiament, which required a Kemp
upon such instruments, viz. the Inth of Aan, e. 19.
and pas titularly the 44th of George 111, which in-
corporated all the other Ails, besides imposing a
new duty. :Upon these Adis, and the cases which
had been ifted upon them, he argue., that checked
in questino was, on account of its Lot bin duly
lig invest totally unavailable.
Mr. hooter, on behalf of the Prosecution,
segued, that C.llinsinrUrnent upon the policy was
such as was usual upon such occasions; and • reed,
that it was roved, upon the trial, that iris mi ass
..bad fro:pleady beer, made upon such transfers.—
On the 1411 of June, 1606, the Primmer had paid
14s. 6d. to the Insurance .Company, which was to
indemnify him aga'n.t loss up to Juee 1607; and
attain, a similar sum upon the 14th of June, 1C074
which securest him ar dust all loss op to the month
ratslurte,lSOS: so that this was a payment m..de sub-
sequent to thei..doisement ; and it was proved that
this increment vAS origin elly in the possession of
the Prisoner, and had been by him committed to the
custody of another for greater security; so that it
v..as evident he considered it such a policy vs would
be binding; for this reason he submitted to their
• Lordships, that it was quite immaterial what was
the legal validity of the indorsement or instrument
in question, as the intention of the Prisoner was evi.
dent, and that he considered it as an instrument that
was legal and valid. He was perfeetly aware that
sorb an instrument could not have been operative in
, any other place, as a corporattm could not bind
themselves but by instrument sealed with their com-
mon seal. By the A& of the ”ii Geo. 111. cb. 48.
it was provided, that any person setting fire to his
house, with intention to defraud any person, or
any body corporate, should be deemed guilty of
felony. In the present case, therefore, the intent
• to defraud was evident; arid the o:dy question
remaining, was, whether the Jury had been was net
isi their serdift upon the points which had been
istated to their Lordships ? He submitted to their
iiaidships th'it it wbuld be nerfeelly immaterial
whether damages could be recovered upon that in-
strument in a Court of Law or not. He would put
this ease— ;oppose that a person had paid his pse-
mium to the Insurance-Office, and that after a fire
had taken place, he • had applied to the Insurer
ter indemnity, and had manifestly shown that be
conceived the persons to wham he applied, were
liable to hip" tor damages, and suppose that it was
asterwards found oat that the name of the person
who had Ceased the policy had been forged. then
the Plaietit, in that case, could not recover, as it
would be said that the supposed Insurer was not
e:e persen sshn had subscribed the instrument ; and
further suppose, that it had afterwards tinned oat
that that person had veiledly set fire- to his house ;
was there, he sensed ask, any aft which would pre-
vent such a deed being eroduc•d in evidence, as to
the gee amass with which it was dime? Certainly
f • wish evidence wined net be excluded in cases like
t.r pest-at, where every circumstance tended to
41+0./ the fraud ascot intention of Ix Prisoner.
Areftithe question which related to the instru-
mantilla being stamped.he should refer their Lord-•
ships to the several efts relative to stamp duties,
to strew that the penalties thereby indideel, and the-
proviso that such deeds as were not duly stamped,
should not be available in law, or given is evidence,
in say Court, were only intended to prevent such
deeds or increments being available, as betwixt the
parties themselves, and to prevent frauds upon the
revenue, but by no means intending to be excluded,
in rruelny crimes ef a different nature ; by the 44th
, of Geo. 111. ch. 9s, called die General Stamp Aft,
- ' •it appeared that the duties upon Policies of Insti-
tut.* were in future to be only one shilling, and
proved that all the enaeteneets of those former alb
anauld be in force for tat; purpose of preventing
any !Stud upon the revenue. and to prevent deeds
that were nu:amps-el being used in a Court of Jus-
tice. In the same manner he might argue, that no
&aim could be brought upon such an instrument as
we present, to movie damages ; but it was by no
means prohibited nom being evidence to discover
treed. la almost of this, the Learned Cuun.;:l