The Sun.
London, England, 1808-01-28 00:00:00

COURT OF EXCHEQUER.

Mr. MARRYATT moved fora ride to shew 'conic
Why the••verdid in the case of the King v. Farr,
where a verdiCl was taken for the Crown, in several'
penalties for smuggling, amounting to 14001. should
not be set aside, and a new trial had, on the ground
that the informers, Clarke, Cardew, and Prout„. bn
whose evidence the conviction took plaCe,'lltd- by
letters and otherwise , offered to compromiSe..even-
after the'canse'was set down for trial, and., therefore,.
he argued, that their. proceedings were wholly col=
rupt and improper. .Lb-prove: this he read several
letters,' offering a compromise, signed by Cardiwiand
Prout.Rule granted.

COURT OF COMMON PLEAS, fAt4.

JENNTNGS AND OTHERS V. LORD GAENV.ILLII.
This was an-adion of trover, to recover the value
of the half of a whale, possessed by the Defendant;
belonging to the PlaintitTs, a"-full report -of which
appeared in our Paper of .the t9th December-last;
in which a verdid was given for the Plaintiffi, sub-
jed to the-award of Charles Price, ESil. as to the
.quantum of value; which he determined; after be-
ing attended by both parties ; and he also
_awarded
to the Plaintiffs the costs of the reference.
Mr. Set-leant S4EhIERD now applied to set atiae
the verdid, upon two grounds ; first, Upon Ili&
merits, cOntending, that no 'such custom as that
-proved by the Plaintiff's Witnesses, could be sup-
, ported in. law ; and ' that:. although a Whale:. be
Atruck by the boats of one ship (even in the Sou-
thern Whale Fishery), yet that such whale is the
property of the boat which afterwards kills it; un-.
leas xis fast to the boat of the first striker, by the
harpoon and tow-iron; and that it was open to'the
Defendant's Captain, not to subscribe to_ the Old
rules, and to considei a fish with a drotig in it, W-
loggiti to another ship, still a fora naturre, and a
)00se list). He also took another obitelion that the
parties were tenants in common of this whale; 'and
that the Plaintiffs ought to have sought the prodnce
in another form.
114t..0111; CHM JUSTICE, observed, he had upon
the trial thought there was some ground for. the'
latter ohjei:tion but that it appeared to have been.

_ -
proted that, according to the prevailing custom, the
whale struck was;- prima fade, the property of the
_Ors striker. J.Lovvever the Court granted a• Rule to
sliew cause, iri case Ale business should not be,hl
the mean titre settled.

, . .
HATHAWAY, A BANKRUPT, V. BARROW, WINTLB,
DAVIS, AND MARMOT.
•: Mr., Serjeant VAUULIAN. moved for a new.trial is
:this causes:on the, ground,- that the principal \S it-
ii had aced in the charaCter of So-
' licitor, and all 'the' circumstances that came to his
knowledge Were learned in consequence of his
h.,ying abed iu .that charatSter, or as Attorneys,
Clerk; aacl :not ti...:.!core the evidence was not suf-
ficient, as an Attorney cuzht • not to divulge tho
communications and secrets of his clients.
The Court were of opinion, that 111‘Clatehie.did
not aCtin either charaaer but that of the principal
conspiratoi.
-Mr. Serjeant V4ttottArr observed, he was in.
,atruded to more also, on account of excessive cht-
Aiiages, but bad no intention to press that objeooll.
Lord Chief Justice MANSFIELD ipid, he lllollght
the Jury l!ad eased with great diSeretion and tnodt•
ration.--Rule -refused.

COURT OF CHANCERY, i AX. s 7.

NVHARTON V. MAY.

The time of the Court was eutireli occupied to-
day in hearing Counsel farther on the exceptions
taken to the Master's Report in
..•this case.. The
whole exceptions taken by the Plaintiff have been
disposed of: .
Mr, FONBLANQUE proceeded, to-day, to state the
nature of the exceptions taken by the Defendants•