The Sun.
London, England, 1801-12-22 00:00:00

the son, and asked:him if he would give WI
refused.—The Broker then said he would_cil on,
the Mtintiffagain, and.if he agreed to taltoe sd.
,per pound, he would send!hitn the tobacco th next
day ; which-he did. The tobacco was receied at
the
_Defendant's warehouse,
,kept until tilt elder
Mr. 'Conti-, whodiati!first b,amained for it, ltd.re-
turricd, to town, and
,then-a message was.sento the.
Piaiqtiff saying, that Messrs. courts had suited!
themselves elsewhere, and that :they woul not
have this article.

Mr. Giroas said a few words for the Defedants,!
which amounted to,no defence ; and Lord K:NYON
said .he understood. the
,t;pe,iech of the, LearriedCoup-
sel, ,in this case, to lie 4),e last dying speechof his
client. •
• Verdict for for the Plaintiff—Damages Boil.

COURT OF catylMON PLEAS, t)NDAY, Dtc.
SLT TINGS 4T c‘DItLOI-14tLI, !MORE LORD ALVANLEY

AND ,A SVECIAL JURY.

MATTHIE AND OTHP.RS against ports.

TH is was an Action to recover the sums of zool.
and - !col.- being the amount of two policies of in-
suranee, ,underwritttn by the Defendant at ill. per
Cent, on the cargo of La PUre Olympic, a Spanish
Schooner from Nassau, in- New PioVidence,
Campeacby on the Spanish Main, and back, sailing
with the licence of the Governor of the Bahamas.
-The Policies were admitted. It was also ad-
mitted on both, Sides,- that' the Vessel sailed with
the licence of the Governor- of the Bahamas, but
without any licence from the Spanish Government;
and that the goods were seized by Spanish Vessels
off the Spanish Coast. -
Two Witnesses were called on the part of the
Plaintiffs, to prove the usual method of carrying on
the trade between the 'West Indies and the Spanish
Main, the most material of whom, Mr: Robinson,
who had been some time engaged in the trade,
stated that the.most usual way in whichlhat trade
was carried on, was in
.Slianish Vessels, which,
upon arriving off, the Spanish coast, either imme-
diately landed the goods in pursuance of a precon-
certed plan, or-made a certain signal, in consequence
of which, either launches or canoes were sent from
the: shore to land the goods :,that the goods were
generally landed in ,the night for the purpose of
eluding the vigilance of the CustuM-house Officers- :.
that some Vessels had run immediately into one of
the Spanish Ports; but such condua was extremely
hazardous, as both Vessel and carp, if discovered,
were liable to. Confiscatioh that the trade so
carried on was not authorized by the Spanish Go-
vernment, but in a great measure connived at, and
he knew of-no instance. where a licence hac . been
granted by that Government to Vessels carry ing on
thiS species of trade.
• Mr. Serjeant Wita,i4sts contended, on behalf of
the Defendant, that the trade in which the Vessel in
question was engaged, being illegal and contraband,
the PlaintifFcould haveno right to recover upon the
Policies,- and that at any rate, as it did not appear
that.the Defendant had any notice of the peculiar
manner in which. the Vessel was to carry. on her
trade, and the risk that was to be run, he could not
be liable in this instance, as he wzs not to be pre-
sumed to be, acquainted with the way i, which a
trade was concluded, so differently from that fair
and open,species of comrnrce
.upon which Policies
of JAL ti CA QA Up) ICY +./P-Siany

The instrudions to the Agent who effeaed the
,Policies were read in evidence on the part of the
Defendant, to proVe that the manner in which the
Vessel was 'to trade formed no part of them.
Mr..Scrjeant SHEPHERD replied on behalf of the
Plaintiff; and contended 'that the trade in question
was prefealy legal, so. far as Great Britain
,was
concerned, it being carried on uncles the licende
of, the King's Governor of. the Bahamas. The
trade between the West Indies and the Spanish
Main was,.he said, generally known to be carried
on in the manner described by the Witnesses ; 'the
method of concluaing that trade was equally well
known Nvith,that of carrying on any other spe4ies
of commerce, -and therefore the. Defendant;Must be
presumed to be
,acquainted . with it, .and must be
liable for the amount of the Policies.
ALvANLEy ha4ng summed up the, eVi-
deuce, the jury returned alVerdio for the Plaintiff,
damages 3501. oe:in,* amount of the'Policies.,

An *A4ion was tried, brought bya Danish Sailor
against the Captain of an English Vessel for 251.
for wages during the time the Vessel was detained
in Rus'sp' amongst many others, by order of the
Emperor Paul, being five months, The Plaintiff
being a foreigner was riot detained with the English
Seamen, but was left at perfea liberty : after the
Vessel was released he sailed in her 'to England,
about the wages for •which, as well as the voyage
out, there was no dispute ; the only question being
relative to the wages during the time the Vessel
was detained,.

- The jury found a Verdi& for. the Plaintiff, sub.
jeEt to the opinion of the Court cm a Special Case.
A Verdi6l to be entered for the Defendant, if the
Court should be of that opinion..:'