The Sun.
London, England, 1802-12-01 00:00:00

EyAN3 V. CROUCH.

The Plaintiff is an under-paviour at the dock-
yard at Deptford; Defendant, an apprentice hoy of
seventeen, commitred a wanton, unprovoked assault
on the Plaintiff.—Verdiftfor. Plaintiff.—Datnages,
201. •

COURT OF COM:NION PLEAS, Nov. 29

TOtJTENG V. HUBBARD.

The Court gave judgment in the above case, the
circumstances of which are as follow.: the Plaintiff,
owner of a Swedish vessel, had. agreed to ,fetch ..a
cargo of fruit ..,front St. Michael's,. and palled •from
the Thamei far that purpose; but being driven
back-by stress of weather, put into Ramsgate, and
was prevented sailing till an embargo on foreign
vessels took place, in consequence of which sheTwa;
detained a considerable time, and the opportunity
for making the voyage was.lost.
Fresh letters of advice were applied 'for ; in reply
to which 'the Defendant observed, that in censer
quence of the Embargo, the voyage was frustrated,
and the charter-party was cancelled: a verdi6l, how-
ever, had been fou:A for the sum of 74.81, to be re_
duce. to a 'smaller sum, at the discretion of. the
Court. • •

Lord ALVANLEY--" The Swede engages to go
to St. Michael's with all speed, and the merchant
engages to employ him. An embargo does not put
an end to an agreement between parties, but is only
to be considered as a temporary suspension; its ob:
jet was to make reprisals against the' enemy, and
was an att justified on the part of our Government
by the eonJutt of tire Svvedi.sh Government.
ship had stipulated to perform the voyage, the re_
straint of Princes- only excluded—if, therefore, an
embargo is laid on foreign vessels, on whom should
theconsequences fall? If the Court of Sweden corn.
mits an ati Of 'aggression, shouidnot the subjeds of
Sweden participate in the effet% of it ? The deter'.
Lion of. this vessel was occasioned by•the default• of
the party himself; the embargo was the consequence
of miscondutt on the part of Sweden; and therefore
an action cannot be, maintained against a British
merchant for not completing hiscontraa, when the
Swede has not fulfilled his own.". •

FURTHER PARTICULARS OF JOHNSTON'S ESCAPE.
There is a watchman on the inside of the wall,
whose duty it is to patrole the ground all nights
and who is never supposed to belong absent trom
any part of so narrow and 'circumscribed an in-
closure.

This watchman is imprisoned on suspicion ; and
it is thouglit that Johnston must have had some
friends within the prison", as he undolibtedly had
without the wall. ' To cut out the pannel
,from
over the door of the strong room must have been
a work of time and labour, and even the. escape
through the aperture was not a very easy- matter;
all this, however, was adcompiished withotit the
smallest alarm being given. - ' -

Johnston is a genteel looking athletic Man, -un.:,
der forty years of age; and possesses uncorr-
mon degree :the art of disguising his face•
manner, as Well as.his person ; to arat,.considering•
his knowledge of the Coast, and the nuMber of
Confederates that he naturally must have, there is
no probability of •his being caught before he ge:3.
out of the kingdom.
Johnston has a wife at Flushing, where he was
established before' this last affair; He is considered
as having considerable property; and within. a very
short time :made great offers to the Bail that ren-
dered him, to obtain his liberty:.
The pannel over the door of the 'strong room,
in the F leer,_ was cut out with a Centre hit, a- mode
praetised by, thieves with shop:.windows, shutter:,,
and doors. The rope-ladder was = made cf
sash ropes, of a small size, and careft.:l;y fixed :o
the iron at the top.,. .