The Sun.
London, England, 1807-11-05 00:00:00

PRIZE COURT krov: 4.

Ef W ore Sir 71. oporr, assisted 1y tWo of the.
TRINtTk MASTERS.
VIE DANISII SHIP INDUSTRIE.
This was the case of a, Neutral Ship captured off
the Dutch coast by one. of his Majesty's Ships, of
!War, upon the supposition that she, was making.
for'an Enemy's port at, the time of the capture,:
contrary to the Order of Council.
On the part of the captors, it was stated, that at
the time the prize in question was in sight, she,wtiS,
steeriug a North-easterly course, distance about
three Dutch miles from the port of Flushing.; tilatti.
a pilot-boat was seen to come out -of that harbour,.
and steer directly for the prize ; that when .the.
captors came up with her and hailed ,the Master,
to ascertain whither she was bound, he answered,,
" any where for a market :" and upon examining
the vessel herself, they found that she had her an-
chor ready to let go, and every thing prepared for
: mooting the ship when she should arrive at her pre-
, per birth. Under these circumstances, the .7aptorsl
contended that there were,sufficient grounds for her
dOtention and ultimate condemnation.
On the other 'hand, it
.was contended on behalf;
of the Claimants, that she, being a neutral ship,.
was bound direct to Tonningen, there to wait fur-
ther orders; that leer course being S. W. and the,
wind blowing a direct contrary way, with a fresh
breeze from the N. E. she was under the necessity.
of making frequent tacks, which must consequently
bring her much nearer the Dutch coast than she
would have been had alre,been ,able to ,steer a di,
rect course; that at the; tithe of the. capture, she
was upon one of those tacks, but with no intention
whatever of entering a Dutch port; they admitted
they did see a vessel put Otf from Flushing and
come towards them,, but of what description she
was ,they could not tell, and wholly denied that
they had made: any signal for a pilot. With re-
. spect to the anchor being in readiness to let go, they
tilkedged that it was more than a, small
kedge anchor, which they occasionally used to stop
the tide when it ran against them, and far no other
perpose.:.
The Learned Judge having heard the Advocates
on both sides at great length, observed, that at the
time the capture was +wide, the Vessel in qttestion,
wps undoubtedly going an interdicted course ; and,
twin an interdicted course by the authority of this!
Country, it seas the duty at Alasters of Neutral
Ships to respefA that authority, not only to preserve.
theltights of Nations iu time of, War, but to pro-.
tea We interests of their Owners,. by strictly ob—
serving that line of duty which would prevent a. sus-'
picion of a, breach of such rights. With respell, .
then, to theicourse which, the vessel was in at the
time of the, capture, there could he no doubt of its
illegality; the only ivestion, therefore, was, whe-
ther in the prosecution of her voyage to her tined
port, there-was any. physical cause by,which this
Vessel could be brought into the situation She was
faundin at the time of the capture, .and this
,was
Wholly for the consideration of the Gentlemen who
assisted hitn.on the present occasion.
,The Trinity Masters. were unanimoes in opinion,
that there.could be no cause for the Captured being
iu suchia situation in the 'due prosecution of. their,
voyage, and that they must have been steering di-.
rept for an Enemy's port.
-( The condemnation of the Ship, as lawful Prize was.
accordingly confirmed.,
THE St-lit'
,LE BON AVENTURE.
This :was a qttestion between the. Officers and
crew of his Majesty's Ship Albion, and the rest •ofi
the Brest Squadron, under the Command of Admiral
Cornwallis, in June .1 SOF and!:WOSi whether. the
Captors .I.yere entitled to show thttyrize, conjointly,
his Majesty's Frigate the ;Vaunt only, or gone,.
rally midi:the whole of that SqUadren.,
The-casetwas made up,oftwo questions, both of
ilaw and lat:1;,: the. former was, whether a Ship be-
longing to it certain ,Squadron could capture , and
solely :sbaiv,i prize .ehaced and taken, 'without the
orders of the'.oonmsanding! Officer of such Squat
dron,.; and the itecond, whether the capture was
made Within signal distance of the, Squadron,. or
Rtherwise, t . !,, 7 1 • ~;
.;.,where waste considerable .mass of evidence pro.
duced,upernibothatides:,iti -this east, consisting: not
only of the depositiosis.of many Witnesses, but also
of extraetle fixitn the log -beoks, and Journals of most
oftthe Ships =denied -or interested in the transact-
ion; :„.

The evidence on the part of the captors alledgetl,
that ,arr the; evening of 'the ath of Jutte,!lBo3, the
kaititkbeing:nnef of, the. Brest: Elect, aitst ,having
.made;two valuable captures, twas,ordered to 'proceed
withjler prizesJo Plytnoutit, .and about half peat
ttix Dat.;AOCk 'the; following. morning, .0 strange.
heavinglusight„,the Albion .(wiother of the aqual.
drot.l) wait, ordered trucilase her, aud 'at, the same
time the,L..lrdent,.,(another of the Squadron) Was
Ifick orderartolook
out for prizes in an opposite
direftion.: pursuit .of the, strange
Shipoteered a :Course of N. NJ E., and, the Squadron
contintied,tipon the same tack, until about' half-past
eight,dclack, when .it tacked. about to the S. S. W.
in order to. resume its,. original' ,station oft' Brest.
Ahunt ten .o'alock, the . elibiari cinie op with the
Stranger, which now pros ed. to.bq La I 4lrieuille, an
Enemy's Ship,. which she accordingly colored.
While taking out the -.Prisoners, and about. twelve
o'clock at noon, anotiter strange. Sail was discover:
IA to the, 'N. NI W at,,which lime the SqUadron
win wholly out of sight, and only the Naiad and her
prize in view. Thedlbion immediately glom chace,
and aboutfive o'clock P. M. catnc,up with, and cap-
tured lian.Auentare, the Ship. now m dispute,
the Squadron sontinuing'all the time out .of sight.
tipon- these fads the Learned , Advocate for the
Captorsconteuded that they were entitled to share
cobjointly with the Naiad,. and not with , the whole
of the 'Squadron.

.• On the other-hand 'it. was contended, from the
great'contrariety of evidence, both in the testimony
of the witnesses; and the variations in the several ac-
counts extracted from the log-books an journals,
that tile probability must be taken that the Squa-
dron'‘lias in .slght.frotn'the commencement of. the
caw to the subsequent capture, and consequently
entitled to a partition of the prize-Money.
/titer hearing the arguments on both sides at very
conideiithle length, the Trinity
.Masters were de
ciacaly of opinion, that upon a cempitriion of all die
101;-Uonk3 and jciu.rl4ls, of the ci9ositions of the

. • ,
probability of Ai taai
.sehlei, the' SqoaclrOn, or any part of it, ,Colikld not
possibly be within sight, 'Much less sio 'distance,
Jim] the comtuencement of the purSult to the ulti
:bate Capture.,
After hearing Dr. LAWRENti at Considerable
length, in behalf of the Claimants; upo'n the. point of
law, the Court postponed. the finotht'r 'consideration
of this question for a futtre day. _

OLD BiIILEY.