The Sun.
London, England, 1803-05-16 00:00:00

I —COURT or KING--.li Nell, DTI., ,4,
• k leave 'to file a Criminal Le.
forinaridn'iagAist Nlr,.l.thitence; and Mr, M 1136-
nall.V.t*nollicefs Majest'a ship
the Lapitsg, and ho Were ethployea• iirthd
pretsi,Seiviee; 'llk Motion was madt.6n ati Affi•
tlavit of Mri.Milbuni, a trewer of North Shields,
and Gentleman of the name 'of. Harrison, silting
that two illthi'menlif.Mr. oree-rif whmii
Was the nainViigee of the busineS; of iu BieWery,
and *the- i;ther Was his' servant,. neither of whom
had ever been at sea,. were impressed bylbese Offi.
eel's.. in fenneetuenee of' thcae men having been
impressed, aecoMpanied'by Mr. Hat-
riStuy Went to the Inn Where these two Naval.olll-.
eery" were, and asked their Raines and the' name of
the ship; in ordeeto-make. application to the Cap.
tarn; for that a' mistake bad happened in impressing
two of his servant men, one of whom; partkUVrly,
-was the'. 540-intendant cif ,his 'business, without
whoSe assistance he could not go on ; that his trade
!Mist stand he did not get bini hick ; that the
Oflicers refused to give their naLies, Mr. Milburn
said, he had' a right to their names for the pitypose
of making an-Npplication to the Captain to say who
it was who had impressed the men,. and in...Om-se
custody they were, and he added that if they were
Gentlemen they, would not refuse ; on which they
• damned him, and said, if he said they were not
Gentlemen; they would take him also into their.
eustody, and one of them denied his name. Mr.:,
:Milburn gave them his name, on which one of the
Officers took MG Milburn by' the brensi, and said
he' Would' take 'him on board
_the Lapwing, on
which-Mr. Milburn put his hand on the shou)der of
the Officer, and Mr: M'Ponald. took a pistol; and
swore Mr..-Milburn resisted, he_ would blow his
brains out, .arid aaually cocked the pistol. Me.
Lawrence ordered 'Mr. 'Milburn to go back, or else
he should be 'shot, Mr. -Milburn .refused tO' go
away, and atilii they bid' no right to impress his men;
that they might have known by their .appearance
that therwere nor persons of a. description to he
.impressed. '.They said they were, and then Mr,
tvrence.Calied for the Men under his command, for
their assistance ; they' obeyed him, and. Mr. Mit.
burn was taken into custody, and received several
blows in the scuffle by means of cutlassesi• which
were then moving, in every direslion that :Mr.
Lawrence afterwards rook Milburn by .the cot,.
lar, and ofered..to.deliver him lip to the Military..
who .w were. there to receive impressed seamen; and the
%Military refused to' take him, observing thit they
were to receive leitmen and. not landinen, on which

Mr. M‘Donald said, turn the rascal over to, the
Press:men, and then they seized him, again ; a scut:
.fle ensued, in,which Mr, Milburn struck the Officer,
but he vrassoon overpowered, .and he teas cart led to
another place a.mile nl'Fromthat- Where lie was
_first taken into custody ; he was afterwards dis.
charge4.—;-Rule to shew Cause granted, -
iWe think it fit to observe that this is a stote-
,rneirrktx anti that the season tor jilii..,sink-of
the ease, wilt be when Cause is shewn against 'the
Rut

It W4O, W U

MrsTERiKt a Rule to
,spew cause
stity ther! shoUld nor be a new tria i l n this case.,
was tried at the last Sittingt;bt.lore Lord 81..
t.E tilts) it 0 u thC, CUM (3t Was Was, an
#404 brattght by thiPlaintiffi'Who wits a dealer in
)aid e, a aintit the_ nefert4;tot, fur gondssuld
delivered m the month of 'll;ey were stud at
three months credit, which was of this sort . the
month of July, in which they were sold, by the custom
of this.trade, was excluded _then -the three munch;
credit were .August, September,:and Odoher ; but
foie someleason or other, they went on to the ;aka
Friday in the next month of November, which was
the 26th, SD that the credit did not ex site till, that
day, . One of the Gentlemen of -the jury- said, be
mis Wei 4C(1118.111Ita with that custom-. -
The question 'in this case was, Whether. the
Plaintiff had not been preniature in bringing his
aetiort ? The credit expired on Friday the. ibilt of
November. he Bill WM filed .on the- 290.1 of N(F.
vflembe'r. The Under Sheriff. proved 'that the La.
titat was sued out tin the 23(1,4 Nov. that is three
days before the credit expired. "che Plaintiff was afraid
the Defendant would run aW;ty, which matte hint a
little eager to lay hold of him. But he had an affi-
davit, stating than he was not founa upon that writ,
and that they hid sued our an Alias on the 26th,
the, day on which .the credit expired, .and that he
was arreoed en that, on the 27th, so that he'was.
.tier arrested till after the expiration of the credit.—
Rule. granted:

wn...w.,

Mr. Glens moved to, set aside an Annuity
granted, on the ground ihat it was not pro
pert)? memotiatized.* -The defea wag,' that it
tlia not set nut the teihts in the memorial, but re.
fermi ithelf ti> th anntii i yttlee(J.- -
The Court movi)ed Llr, FASKINE on the other
side.

1,01%1 ELL'ENBORM,VGII otnervett, tliat the de-
cisions run so titte4 agitiost.Mr. Glung, that the
Court Could not Over rule them. The 'IC.
corded ircon,lrilttion, which ht wax Ace to admit,
in his opioin,, i, ought not .to have rcrtived.
Thc, Att merely tlitraf.il the nainei of the trustees
ro he itisel•tett in the rwmorials, ati l that luta .tieen
enngttned to extea=l, to the tnillt. He was glad to
hear that this que.stlon was rtkely to beresrtsea by
COurt of they affirmed the (tontine,
it would then become the LegElatute to consider,
whether nit better be:stuentied. But as
the eases nom, stood, the Court wits filtered in its

judgment.
'fhe.annuiry deed was 2tecordingly ordered to be
given up to be-canceileti.

cpu .o C:()NIAION PLEAS,' lIAY
DENNICONV. Rowettorr AND-ors-1'11414.