The Sun.
London, England, 1806-08-02 00:00:00

:CROWN, SIDE.

Mr. justice HEATH finiShed on the CroWn Side
yesterday evening. There were several elfarges of
Murder in the Calendar, but the Grand Jury threw
out all the bills, and the. parties were arraigned on
the COroners' Inquests.
Jonima Gibbons was arraigned for the murder .of
her bastard Child, by leaving it exposed, on the 19th
of March last, in the open fields, from Which expo-
sure, and want of sustenance, it was alledged to
'have died.

Samuel Fernham and James Storer, twri labour-
.ing men, stated, that on coming home from their
Work, theY found a dead child in the ditch by the
side of a field. It was laying. on its back, with its
hand open, and was Wrapped, up in a piece of
.woollen cloth, apparently the -remains olan . old
petticoat. They buried:it just within the ground,
,t 9 keep it from the dogs, and .gave notice to The
'parish ogcers.' It" lay there from the Friday to the
Monday before it was taken up again.
-The Learned Judge direEted the Jury to acquit
the Prisoner, as,there was no proof of the child hay-
ing been born alive •
John Ajcorse was arraigned on the Coroner's In-
Attest, for Manslaughter, in killing 'William Lee,.
'by throwing 4itifinto.the Thames, whereby he was
drowned.

Henry Hale deposed, that the-Prisoner, himself,
-and the deceased,, sailed together on board a boy,
-called the Maidstone, on the lath of March ; the
`Prisoner and the deceased had a quarrel, the de-
ceased being in liquor, and froin words they pro-
'ceeded to blows., In the scuffle, the deceased acci-
'dentally- •feli • over-heard. The Prisoner itutne-'
-diately hollowed to the witness, that the
deceased, was over-board, and begged him td get
the 'boat out as soon as
.possible, which lie did,
but he could not save him, for he NOSS unfortunately
drowned.

The Jury found the Prisoner—Not Guilty. •
Thomas rtorriek was charged,-On Coroner'sln-
quest, with killing and slaying Divers Lee,on the 1 4th
of June, in.the pariSfi of Ashford.
The Prisoner was 'a soldier, and,, on, the 14th of
June, from drinking with some countrymen,"got,
intoa boxing match, and the deceased, Lee, was
second to -Cis antagonist, who was a travelling
eNainey-sweeper. After the battle, the Prisoner
wished -to withdraw, and give in ; but , the bye-
titanders would:. not permit
,him, and said it was a
shame for a soldier to be beat by a sweep: A general
quarrel ensued, in which other, soldiers took the part
oltheir comrade, and the deceased, Lee, was knock-
ed down, but not by the Prisoner. When he was
down, the Prisoner Jumped upon his body, and he
died in ten minutes'afterwards. •

The Learned Judge, had dire&ed the Jury to find
the Prisoner guilty of manslabgter, when the Sur-
geon, who had examined the body of the deceased,
came into Court, and stated, that the deceased did
not die of
,thoblows on the body, but from the rup-
ture of a blood-vessel in the head.

The Learned Judge immediately dire6led the Airy
to acquit the Prisoner, as there was no proof of his
having.given the deceased any blow on theltead.—
Verdidt—Not Guilty.
. ,
John (Yemenis and Rich(lrd Lurford were charged
with killing and slaying William Basset, on the 10th
of JUne, at Mereworth.
Mr. GURNEY, for the Prosecution, stated, that
the day on which the deceased came by his death,
was one on which-Lord Le Despencer gave. a dinner
to Kis
.tenants, on payment of. their rent. One of.
the Prisoners was Gamekeeper to his Lordship, and
the deceased came into the room to accompany home
one of the tenants, who wasdining With the party.
It was thought by some that the deceased was not tit
company for" the party, and he was desired to with-
draw ; he did so, and the Prisoners followed him.—
What passed he could not t=eily say; but they got
to fighting, and. in about ten minutes the deceaSed
expired: -From a negle& of the Coroner, '7.-16 Sur-
-aeon was called in ; but he should call witnesses to
prove, that he had, about the back and loins, the.
marks of many Severe blowS, Which appeared to.
have been caused by kickitig "br greater violence
than con,ld be used by the hand. He ought also to
state; that the body was 'not taken up for insPedioa
until several days after the accident, whea it was too,
putrid to ascertain the cause of death:
-The Learned Judge held it indispensible to have
the evidence of a Stwgeon ; , and alluded' to the last
case, where the man had niarly.been convicted; but
upon the Surgeon's evidence was acquitted: .
The Jury found the Prisoners Not Guilty.
RAVE. .

EdwaiV M'Gee, a Soldier was conviaed of rob-
bing Martha May of a pair of shoes, a pocket hand--
herchief, a-shilling, and several other articles. The
Prosecntrix :stated, that she lived at Folkstone, and
returning.hytne on the evening of the day . stated in
the
.indi4tnent,' she was ;net by the Prisoner, who '

LONDON : P inted by,lt I(
At thc SI4.OET:

.
topped her : 1:e first demanded her money, which
she. gave him ; then took her, .bundle, and after
threatening her life if she Made any- resistance; he
xiolently ravished ter.-Guilty. -
Sarah Hall and 'Ann Frost were indieted for steal-
mg -in the
,dwelling-house of Cordelia Davis, at
Greenwich, bank-notes" to the ‘aMount. of tool.
Mrs.-Davia, stated, that she kept a pubtic-house at
Greenwich, and:the Prisoner, Hall, lived servant
with her. ,Qn the Easter TLieWay she saw the notes
in luestion, which were kept in .two pocket-books,
in a tea-chest.. She had the tea-chest in her hand,
when a person, who was nursing her husband, theti
very,iil in bed, came to her, and said she must go up
stairs if she expected to see him alive, for he N'as
then dying. 'ln grdat agitation she put tfown the
tea-chest, with Out looking, and saw it no More for
two days, when the notes were-gone. The.next
day the Prisoner, Hall, w
complained that she as-ill,
and must go away. But she er_treatedher not to'
leave her at that moment of distreSs, and said she
Shonkl have every necessary attendance in the hOnse.
When the loss was discol;,ered, she sent for the.Con,-
Stabte, and he traced one 101. note, which had been
changed. by. the Prisoner:Frost, with Whoin Hall was'
very intimate; and upon the Prisoner Hall 'being
charged, she acknowledged the fa6,t, and said that
Frost had, had the greatest share. There • was no
proof that Frost was any patty to: the rohbery,'and
the jury Oefefore_ acquitted and found Hall
Guilty. . • -
The Calendar being Onished, the' Learned Judge
proiimiticett the sentences, and the Assizes finished.

COMMERCLIL 1-11 - INTELLrGI _"; C

COURT OF KING'S BENCH, IRELAND.

111‘NAUGHT, Iti PROHIBITION, V. BLAIR.

Last Term the Court._Of King's Bench decided
the cause so long depending and agitated in, different
Courts, respeEtiug the Jurisdiction of. the Court of
Admiralty in Causes of Salvage, which has now been
established by the unanimous opinion of the pour
Judges of the King's Bench.,
The question arose upon the salvage of 'the, De-
haerara and cargo ; consisting of coffee, cotton, su-'
gar, Bc.c. valued at 50,0001„ the prop&ty of Duncan
M`Naught, and. others, and which was saved under
:the following circumstances
On the Inth of January, t 804, the Ship was driven
by stress of weather upon the coast of Ireland, and
was stranded on the Wicklow Banks, her rudder
was torn off, and several holes made in her hull ; the:
crew then deserted her, leaving one black man-on
board. The Vessel afterwards drifted,off. and was
carried northwards by the wind and currents. In
the evening of the 22d January she was descried off
the coast of Strangford, by Daniel Blair, who pro-
cured 17 men and three boats ; and at eight the fol-
lowing morning got on board, put his men to the
pump, set some of the sails in order ; and the tide
not answering for Strangford Bar,-and the wind being
.at S.S.W. be tacked to windward, stood firther out
to sea, and,-after sonic time,made an elibrt to reach
the harbour of
,Strangford, which proved ineffeaual,
for Want of a rudder; he shaped his course for
Ballyhornan Bay, where the Vessel was brought to
anther, and in some time after was taken poSsession
of by Will. ifoy; Collet or of Strangfbrd. Capt.
Blair now made a claim for salvage on behalf of him-
self and his Crew ; but afterwards suspeamg that
somethina unfair was intended, he abandoned that
claim, and repaired to Dublin for advice ; in pur-
suance of which he instituted a suit in the Court of
Admiralty against the ship, upon a claim of salvage.
The 'persons.coneerned for the owners of the ship
immediately applied to the Crain .of Chancery for a
prohibition to prevent the Court of Admiralty from
entertaining the cause, on'the ground that the Sta-
tutes enaaal respeaing Salvage had deprived that
Court of any jurisdiaion upon the subject ; and that
Blair had re9orted to those Statutes, by preferring a
claim, which was adiusted by two Magistrates, who
had awarded a sum of 12001. which was an ample
and liberal compensation.
• Accordingly Lord RE D E4D A I.E grantel a prohibi-
tion ; but the case being brought again before his
Lordship, and -the 'manner in which the -12001. was
'distributed being ekritained, by which it appeared
that 1001. had been aWarded-to the ColleaOr ; 1001:'
td a Clergyman; fio guineas to the-Colleaor's Clerk,
and various other sums to other persons, not one of
whom had been instrumental m saving the Y•essel,
nOr joined in any claim ; while teti- guineas only
were awarded to Captain Blair, and three guineas to
each of his Men ; the Chancellor thought the whole
proceeding a mockery and disgrace to justice, and
set aside the prohibition.
Ana ?iicanon was then made to the Court of
King's Bench for a prohibition in the name of
..LN.,l`Naught, and the Court- thinking it a matter of
some diflictilty, ordered him todeclore in prohibi-
tion; which he dirt. Several pleas were filed on the
, part of Blair ; these were followed by replications,
then demurrers, and an issue was sent tol3e tried• at
the last Down AssiZes, viz. " Whether the Vessel
was in danger of being stranded or run on shore-at
the-time Blair went to-her assistance?" The Jury
found " that the xessel would have been run on
shore had she not been boarded by the Defendant
Blair, and that at the time he went to the assistance
of the vessel, she was in danger of being stranded
and, run oti -shore."

Upon this verdia and the issues at law, joined by
the demurrers, the cause came on to be argued last
Term, and was debated at considerable lenVh by
Messrs. JOY and Si•Arcgs for 'the Plaintiffs, the
owners, and by Messrs. RADCLIFFE and RIDGE wAY
for the Defendant, the salvor.
'T On the 17th of June the Court pronounced the
following Judgment, unanimously, in favour of the
Defendant :

Lord ChiefJustiee Dowers stated the pleadings,
and the several Akts of Parliament which had be .is
relied upon. The question upon the whole of
_the,
Record was, " Whether the Court of AdMiralty•
was ousted of its jurisdiction` by the operation of the
A&s of SalVage ?" • Upon the constralien of. these
Statutes, it was manifest that the ohjca of the Le-
gislatUre was, that the owner of the ship should 'be
pdt, as speedily as. possible, into possession of his
property saved ; at the same time that the salvor
should have a speedy. made of adjusting the claim
for salvage, and ascertaining its amount ; but there
are no express words depriving the Court-of Admi-
ralty of its jurisdiction, nor dues any inference arise
to that area. That'. the Admiralty had a juris-
dielion antecedent to these Statutes cannot be
doubted, and the same Statutes, with some Varia-
tions, have been ena&ed in England ; yet it never
was held that the Court of Admiralty there was
ousted. There are several cases where of necessity •
thejurisdaion mast remain. If the Salvager parts
witli the possessiori,, his Cotninon Law lien is gone,
and le is without remedy, save , in the-Admiralty ;
for if he lodged a claim,-and had it adjusted by two
Magistrates, stilt there would remain the necessity
of resorting to another Court to carry this adjudicate
non of the Magistrates into effect. There is no
provisions in the Irish Statutes by way of execution ;'
whereas, in the English:' Statutes, after a claini is
adjusted, the Officers of the Customs in whose pos-
session the ship remains, may raise money upon
the ship, aid out of that pay the salvage. , There is
no such provision here ;, and yet, notwithstand-
ing that infinitely stronger provision, the Statutes
there Were never considered as , ousting the kdmi-
ralty,Court a fortiori ; /the Statutes here should, not ,
be so-constriied where there is no such remedy. It
may be said,,that noon an adjudication (if the Tian-
tuni by the •Magi'strates, an aLion vs ill lie in• the
Common Law.: Court to recover theumount but if
'it will, see the difficulty which is put upon the party.
In many cases the owner may be a foreigner, out of
the jurisdiction, and thercnire there could be no nos-
temedy against him : there would be no lien
upon the ship, for the possession is out of the claim-
At. COmmon
.Law: he could not proceed in
rear; but in the,Admiralty he may attach the ship