The Sun.
London, England, 1802-02-19 00:00:00

COURT OF COMMON PLEAS, Fut. io.

WILJAAMS ti. pROWN.
THIS Cause was tried at the Sittings at Guild-
hall before Lord ALVINLEY, and the verdil was
then for the Plaintiff. The following are briefly
the circumstances of the case:
The Plaintiff, representing himself as a Free
Black, entered into a contraa with the Defendant,
a Master of a Ship, to sail with him from the Port
of London to the Island of Grenada, and back to
England, at the rate of four pounds a mo►►th. The
ship accordingly sailed, but on her arrival at the
Island, it turned out that the Plaintiff was in fad
a runaway slave, and was immediately_ claimed by
his former master. Under these circumstances, the
Defendant, for the-consideration of thirty joe:, pur-
chased the Plaintiff's manumission. The Plaintiff,
on the other hand, entered into new articles of
service for three years, at the rate of 151. the first,
201. the second, and 251. the third year. Con-
ceiving long afterwards, however, that an undue
advantage had been taken of him, he 'brought an
action to recover on the first contrad, and the Jury
found a vcjdkt in his favour.
On a former day, a Rule was obtained to shew
cause why a Nonsuit should not be entered, on the
ground that the verdict was contrary to Law.
Mr. Serjeant SHEPHERD this day chewed cause
against the Rule, and argued with his uses} ability
in support of the verdid. He contended that, by
the second agreement, the Plaintiff had been grossly
injured. He was, at the time of its being formed,
not sui juris, and his strong desire to recover his
liberty had been made use of to gain his consent to
a contra& of the most disadvantageous kind. He
was made merely to exchange one sort of slavery
for another, and instead of three years, the agree-
men on the same principle might have been extended
for life. In this way the Plaintiff's situation might
have been rendered worse, instead of being me-
liorated. He trusted, however, that the CoUrt
- would not sanction such an agreement ; they would
allow the Defendant to be reimbursed for what he
paid to procure the manumission ; but they would
riot permit the situation of the Plaintiff to be made
a handle to render his lot still more unfortunate and

Mr. justice RE AT H was of a quite different opi:
nion. .fhe Plaintiff. it could not be denied, had
formed a contra which he had not the power to
execute on his part. When he was seized at Qre-
nada, he had not only forfeited all claim to what
was due for his outward passage, but his former
master had a grOund of aCtion for his labour
during the intermediate period. What then was
done in these circumstances ? The Master, the
Captain, and the Slave, agreed in a contract, by
which the latter was manumitted for a certain sum
paid by the Defendant: In consideration of this
the Plaintiff had agreed to enter into new articles,
in themselves neither unfair nor unreasonable. In
this transadion, so far was he from seeing any un-
due- advantage taken, that be thought it highly
favourable to the Plaintiff. What was the Plaintiff's
situation previous to this new arrangement ? He
was in a state of confinement, liable to severe punish-
ment, andexposed to slavery for life. On reason-
able terms he had obtained his liberty, and what
was there in this which bespoke either injustice: or
inhumanity ? He wlis on these grounds clearly of
opinion that the verdift should not stand.
Mr. Justice ROOKE and Sir ALLAN CHANIERE
were of the same opinion on similar grounds, and
therefore the Nonsuit was entered.

FEBRUARY iB.

FISHER v. WARD.

This was an Mtion for Seaman's Wages. The
Defendant was Captain of the Fishburn, a vessel in
the Russian trade, and the Plaintiff went out with
him as a seaman, under articles to perform the
voyage to Riga and back. While the Fishburn was
taking in her cargo at Riga, preparatory to her
return, the embargo was laid on, and the British
sailors, after having been suffered to remain on
board about ten days, were marched up into the
country as prisoners. The crews of the Fishburn,
Theseus, and some other vessels detained at Riga,
were marched with their Captains to a City called
Dorblatt, about 160 English miles distant from
Riga. On their arrival at Dorblatt, they were quar-
tered in the best houses in the town and neighbour-
hood. Each crew remained under the controul of
their own Captain, who was, in a manner, responsi-
ble for their good behaviour. There were allowed
by the Russian Government for their subsistence
about twelve copecks a day, or, as the Captain of
the Theseus proved, about three-pence halfpenny
English money per man (which was a greater allow-
ance than the Russian soldiers had). In addition to
this, after two months, they received about as
much more from the private subscriptions of the
merchants of Riga and the English Shipowners.
The embargo lasted between six and seven months ;
during all which time the• British sailors at Dorblatt
were under little or no restraint. When the cm-
harp was taken off, the Russian Government re.
paired as much as possible the damage that the vessels
had sustained. On the ,arrival of the Fishburn at
Plymouth, the sailors were paid for all the time
they had been on board, according to the rate of
wages agreed upon ; but they were not paid for the
time they were prisoners in Russia, as the Ship.
Owners are generally of opinion that they arc not
bound in law or in justice to pay wages during an
embargo, which suspends the profits of their freight,
from which profits their wages should be paid.
This being a case of much importance, on ac-
count of the number of claimants similarly circum_
stanced, was reserved for the consideration of the
whole Court.

The Jury, by the dirdlion of his Lordship, found
their verdia for the Plaintiff, subjetl to the opinion
of the Court.

The following Critique upon the History of Hel-
vetia, by Mr. HARE NAYLOR, has lately appeared
in the Gottingen Review

" It is rather singular that an Englishman should
undertake the history of such 'a country as Switzer-
land ; but the Author passed many years upon the
Continent, acquired a knowledge of the German
language, visited every part of Helvetia, and has
consulted the most authentic works relative to the
Helvetic History. Mr. Hare Naylor is neither a
translator nor an imitator. The style of composi-
tion, the plan, the charalers, the incidents and
ation, the reflections and episodes, are altogether his
own, and charatlerize the sentiments and principles
of that admirable writer. The narrative flows with
a singular rapidity, which insensibly attrads and
carries on the reader,--and more especially so in
the zd volume. The representation of the glorious
achievements of the ancient Swiss is drawn with a
masterly hand, and it is difficult not to feel a prepos-
session in favour of a Nation whose alions are thus
recounted. ,Mr. N: cannot he accused of partiality
towards the Swiss, bUt he appears in some passages
to be rather deficient in candour towards the" House
of Austria. This Work is evidently written with
a view to the present situation of his own Country,
and to the turn of public opinion in it. Mr. N.
endeavours, if possible, to awaken the sentiments
of rational liberty in the breasts of his Countrymen,
and to restrain that commercial spirit which is so ra-
pidly increasing. According to the pradice of
many English authors, Mr. N. frequently omits to
notice the sources from whence his information is
drawn, or at most contents
.himself with barely
naming his authorities. This want of precision is,
however, of less consequence in a work of this
nature, than it might be in many others. Mr. N.
writes not only for men of letters; but for the world
at large ; and, for the information of the latter, he
has probably introduced the two episodes, vol. i.
p. 123 ; voL ii. p. z23.—What the Author says,
in his first vol. pp. 23, 24, 65, 66, relative to the
ancient Germans, shews that he has not studied
their history so attentivly as he-has that of Swit-
zerland.—lt is our earnest wish that Mr. N. may
be induced to continue the Work."

OLD BAILEY.

6ECOND DAY-THUKSIDAY;.IFEU. 18.

jantes Con,lem, l[7ll;apt Ogle, and Walter Dug.
gall, were tried upon the capital charge of I ligh-
way Robbery, in feloniously assaulting John Wood,
on the 7th of February, putting him in fear, and
violently taking from his person a metal watch
and chain, together with some money, his pro-
perty.
The circumstances of this case, as they appeared
in evidence, and chiefly on the statement of the Pro-
secutor, -were briefly to the following effect :
On the evening of the 7th instant, between six
and seven, Mr. Wood, who was returning from
town to his residence, near Uxbridge,. was stopped
near Notting-hill. He was then riding on the foot
path : he perceived a Man coming towards him, on
which he turned his horse into the road. The per-
son, who appeared to be the Prisoner Condon, then
came up to him, laid hold of the bridle, and imme-
diately after, the two other Prisoners came to the
spot. He asked them what they wanted, Condon
said, it was money he wanted—he was distressed,
and money he would have. The Prosecutor rather
coolly desired the pistol to he removed, and they
should have what little he had about him. He then
delivered his money. The Prisoner Condon then
put his hand across the horse's neck, felt about the
Prosecutor's fob, and perceiving he had a watch,
made two or three tugs at the chain, which at
length broke, and Condon put the part which came
away into his pocket. One of the other Prisoners then
bid him pull out the watch, and while he was doing
so, the Prisoner Duggan said, ''Shoot D—n you,
why don't you shoot !"—the watch was given to
Condon ; at that moment the Prosecutor dropt one
of his gloves, which •he requested might he taken
up for him, which one of the party accordingly
did, and returned it to him. At that instant, a
fourth person came up, and said to the others,
Well, have you done 'it." They answered,
" Yes ;" and the whole party immediately made
off. The evening was clear, and the moon, which
shone upon the Prisoners' faces, enabled Mr. Wood
to see them distinctly : he had not the smallest
doubt of their indentity. On the following Thurs-
day he saw them at Bow-street, and immediately
recognized them all. They were apprehended the
same evening by a party of the Bow-street patroles,
near Bay's_water. They were together, and in
Dtiggan's pocket was found an unloaded pistol.
Two of the Officers were brought forward as evi-
dence, and a trifling difference appeared in their
testimony from that of the Prosecutor's; this, how-
ever, regarded the colour of the coats worn by one
or two of the Prisoners, and which, in the opinion
of the Court, under all the circumstances of the
case, was not material. The piece of broken ward)
chain was also found in Duggan's possession ; this,
on being produced, was positively sworn to by
Mr.- Wood.

On the part of the Prisoners, a number of indi-
viduals appeared to their characters, and what was
rather singular, each of those witnesses spoke to
the charaCters of all the Prisoners. This circum-
stance was also noticed by the Learned Judge, (Ba-
ron 119THAtO who tried the case, who observed,
that so far, it indicated a connthion. between the
Prisoners. His Lordship also noticed, as a mark of
the coolness and resolution of the Prosecutor, the
circumstance of his having asked for his glove, after
the robbery had been committed, and which cer-
tainly enabled him to give a corred.account of the
trans ,ffion.

The Jury pronounced them all Guilty.—Death.
The Jury, however, -recommended the Pri-
soners to mercy, on the ground that they had used
no personal violence, and on account of the pist-6l
found in their possession not being loaded.

Richard illeredrew was tried on a charge of
stealing a linen sheet, together with sundry articles
of wearing apparel the property of Frances Wright.
The Prosecutrix was a little, old, deformed, and
almost helpless woman ; it appeared tl;.it the Pri-
soner was seen coming through the passage which
led from her apartment, with a bundle under his
arm, containing the articles laid in the indiament,
by' one of the witnesses, who, though an elderly and
slight woman, took the Prisoner, a stout and rather
young fellow, by the collar, and actually held him
until some persons came to her assistance. This
condua in the woman alluded to, was warmly corn_
mended by Mr. Baron IhrritAm, who said she had
manifested'a singular instance of personal resolntion„
great spirit, and good sense ; and, without solicita_
Lion, ordered that her expellees "night be paid her.—
The case appearing clearly against the Poisoner, he
was found guilty.

IViiliam Mann, an old man, was. found guilty on
a capital charge, in feloniously stealing, on the 12th
of February 14 pieces of Scotch linen, value 201.
in the dwelling house of Thomas Caw, the property
of Messrs. Caw and Steele.

The Prosecutor, Mr. Caw, lives-in Queen-street,
Cheapside, and is a Scotch faaor ; the Prisoner was
seen coming out of his yard with a bag on his
shoulder, by the principal Witness, his warehouse
porter, who immediately followed him into the
street, where he overtook and secured him ; the bag
was examined, and found to cont-ain the pieces of
linen laid in the Indictment.--These were duly
identified as the property of the Prosecutors, and no
doubt existing as to the Law upon-the case, which
renders stealing to the amount of 40 shillings or
upwards a capital offence, the Jury found a Ver_
did to the full extent of the charge—Death.