The National Register.
London, England, 1811-11-10 00:00:00

I'lW, NATIONAL ittGISTER.

all Russian ships, goods, and subjects. On the 9th of necc.m-
ber preceding, a declaration was made of the causes of com-
plaint against Russia; and all connexion with her was put an
end to.

Lord ELLENBOROVOIL-But we are not at war with many
nations against whom we have cause of complaint. It was upon
the absence of the first document quoted by the Learned Ser-
jeant, that the question went to the Jury, with the observations
of the Judge, the other day; and that the Jury decided as they
. did. No imputation lay upon them or the Judge fur that &el.-
sion ; for his Lordship repeated, that neither were bound to
know of these orders of reprisals, and that they could only go
secundum allegata et probata in each cause; and if evidence were
produced in one case that led to one conclusion, and withheld
in another, whereby the Court came to another conclusion, so
that the verdicts varied every day, It might be lamented, but it
could not be prevented. " I wish," concluded his Lordship,
4‘ proclamations were transmitted to us by some mans. I don't
know how the case stands as to Hamburgh at this moment."
Mr. Serjeant Best added that he had an affidavit by Mr.
Thornton, who was to have proved that Russia was at war with
England at the trial, stating that he was prevented by illness
from attending to do so.—Rule nisi granted.
KEEN V. DORNIAY.
Mr. Serjeant Shepherd moved for a Rule to shew cause why
the verdict for the Defendant should not beset aside, and a new
trial granted. It was an action upon the statute of 5 Elizabeth,
against the Defendant, for carrying on the trade of a miller,
without having served an apprenticeship to that trade. It was
proved on the trial, that he had never been such apprentice :
and that, in September, 1809, he took a mill, in which he carried
en that business ; Charles Green being employed to conduct it.
It was proved, however, that the Defendant never gave any di-
rections as to the conduct of the mill, although he received its
profits ; but he used always to say to Green, I know nothing
of the business; and, if the mill stops, you must put it in mo-
tion."
Lord ELLYNBOROUGH had observed, at the trial, that the
statute did not apply to the defendant.
Mr. Serjeant Shepherd proceeded, that it certainly did ap-
pear so to his Lordship then; but there was a case in Salkeld,
of Hobbs qui tart v. Yining, in which the defendant carried on
the business of a cloth-worker, he himself being a Turkey
merchant; he employed the men, but never interfered in the
management, exactlyas in this case : but the Court held, that
he carried on the trade, and that those employed by him were
merely his servants. In the present case, the defendant received
all the pr cif ti.
Lord llLLENeotiou,3ll.—The statute of Eliz. was intended
merely to exclude persons from carrying on a business in which
• they had no skill; but by no means to exclude a man from
employing his capital in whatever legal way he pleased. On
account of the case cited, however, the Court granted a Rule to
shew cause.

his wife ; that the property was then litigated in Doctors' Com-
mons, but must be decided in Champoni s favour, by which he
would become possessed of a fortune of from 60 to 70,0001. up-
on which representation the prosecutor, Jackson, was induced to
advance him a considerable sum of money, to sell to him a cur-
ricle and four horses, amounting altogether to upwards of 20V01.
for all of which he had taken his warrant of attorney.
The grounds of the present motion was, that upon the trial
a letter was given. in evidence, which was sworn to be of the
hand writing.of Davison, and directed to Jackson, stating that
Davison knew that Champoni had been in every jail in the
kingdom, that it was difficult to indict the parties for a conspi-
racy, and advising Jackson to withdraw the indictment for
a conspiracy, and to indict them for obtaining money under
false pretences. There being no communication between
Oakley and Davison previous to the trial, the latter was not
prepared to answer this evidence. He had, however, an affi-
davit denying the fact, also the affidavit of Oakley and Stephen-
son, denying the conspiracy; and, further stating, that there
was proof that the representations n- ede by Davison as to
Champoni's property, were in a great degree true. The
Learned Counsel further contended, that this was not an-in.
dictable offence, but might be the subject of a civil action.
The Court, however, thought that the case had been fully in-
vestigated before the Jury, and any other evidence now could
little vary the•case ; the rule for a new trial was accordingly re-
fused. But the Learned Judge observed, that It was still open
to the party to bring his writ of error.

The question respecting our relations with Rus.sia was under
consideration in the Court of King's Bench, on Monday, at
Guildhall, in the case of a policy of insurance from Archangel
to Great Britain, in which Mr. Serjeant Best produced, in order
to prove that this country was at war. with Russia, a Gazette,
containing an order of reprisals. Mr. Garrow did not know of
this Go:tette, in the late case in which this question occurri d.—
Lord Elleborough—" Nor am I bound to know of all procla-
mations. It is quite enough to get all the Acts of Parliament in
the statute-book into one's head."—ln consequence of the order
of reprisals, it is likely that the decision of List week, declaring
Russia to be neutral, will be reversed.
CRIM. Cox.—An action is pending against Captain o—, a
young Dragoon Officer, at the suit of an independant yeoman
in the vicinity of Englefield-green, for criminal intercourse
with his wife ; the damages are laid at 10,0001. The Lady is
now with her father, an architect in London, pregnant with her
third child.
Ai+

OLD BAILEY.

MONDAY.
Emanuel Jose de Sylva, a Portuguese seaman, stood capitally
indicted for the wilful murder of John Douglas, a British sea-
man, on the 22(1 of September last, by stabbing him on the left
side of the belly with a knife, of which wound be languished
and died in the I.ondon Hospital, on the following day. Thu
evidence against the prisoner not being sufficiently conclusive,
he was acquitted. When the verdict was made known to him,
he embraced the turnkey, and his countenance expressed the
most extraordinary emotions of joy.
Henry Cruw!,:y, another foreigner, was capitally indicted for
being found at large before the expiration of his sentence, he
having been capitally convicted of a burglary, and his punish-
ment commuted to seven years transportation. • This was the
third time the prisoner had been brought to the bar in the pre-
sent Session; but on both the preceding occasions his behaviour
appeared so highly fraught with insanity, real or affected, that
he was remanded. To-day he appeared tolerably tranquil
while the evidence was giving against him, except that he ate
wits great appetite, nearly the whole of the rue and other strong
herbs usually spread on the front board of the dock to correct
unwholesome effluvia. But when called upon for his detence,
he revived all his former appearances of mental distraction. He
shewed his head desperately wounded in two places, clueing an
action on board of a 74, in Admiral Duncan's fleet, and said he
would leave his case to Jesus Christ and the Twelve ilpostlee.--,
The Jury, however, found him Guilty ; and when going from
the bar he gave three vociferous cheers. ' •
Itganfleld was indicted for obstructing H. Smith, an
Officer in the Customs, in the discharge of his duty, at Widmer.
Mr. KNAPP stated to the Jury, that by the provisions of a Special
Act of Parliament, a Middlesex Jury was empowered to try
this offence, although the fact wail committed in the county of
Kent, and that the same Act rendered the offence a felony,
and subjected the guilty party to transportation for seven years.
He then stated the facts, which were proved as follow :—That
the crew of the Rattlesnake Custom-house lugger, perceiving a
vessel coming on shore. which they knew to be a smuggler,
made after her, and as soon as. she landed near the beach at