The Sun.
London, England, 1803-02-04 00:00:00

Lan,"s of tilts Co;tiiry;.bY an enemy- :A
number of witnesses were Called on ;ha Part of Air
P;laintiffi, the most material Of which wherQ Captain
Brooks. and .Mr, Mortlock, the SupereargO on board
They detailed all the particulars ofithis'voyag,e.--
The lionSe at ,the Cape entrusr:d the .whole of -thii
aditenture,to them, and consequently were diound
by ,their ads. They swore, in, the, solemn
mintier, that this was a Etir 6 ,i,,,(.7i‘Vead veto I:re, at 4
that they had no intention whatever to violate tho
laws of this country, by trading with the Sp4niard3
in South Americli, with whom we were the at war.
They said tliat Alvarez had deceived them,-by Nen:l-
ing a Spanish brig to jake
:the cargo un board, in.
s teadof one or ti.voi'ortUgue4e ve":;sela ‘v high Alvarez,
the purchaser ofthe 'cargo, had agreed to send. They
never saw the Spanish Brig till after ,silt had beep
captured by Captain Flemtng. But if she had cotne:
up_ with them, .they would not have delivered tht?
cargo, but have captured her, and the 152,000 dal-_
tars, the_ price of the cargo.
Mr. GIB to wati.jeading Connsti far. the Defend-
ant, and trusted hi should have no.diffieutty in sa.
tisfying the Jury that the whole Of this was an ille-
gal adventure; that the sole motive for the Chester,_,
field, sailing to the latitude. 01,0 degrees South, wai
to enable Alvarez; the purchaser, to - import th6e
goods into Spain ; ar:d if so;. the traflick was illegal;
as it was contrary to thelaw of this country to treat
with an enemy : and if the trade was illegal,,a To-
licy instiring ,that trade was also illegal. The in-
sured had no reason to complain.of the Underwriters
in this case, because the, loSs had been occasioned
solely b'y the ads of their own Agents.
The two i)rinciOal Witnesses called on the, part
of the Defendant, were Capt. Fleming, and his tint
Officer, Liciit. Guion

The Captain stated, that the ground of his seiz-
ing the Chesterfield, was ti )11: his having found a
paper of, signals, an board a Spanish B rig, which he ,
captured, and findi!)g cxally the same signals on
board the Chesterfield; from that he concluded there
must, have been a COtrininnication and privity be-
tween them, and that for the purpose of carrying on
an illicit commerce. The Chesterfield was capful ed
considerably more than rOo'rniUl up the River Dc
la Plata, Which is,. skirted on each side .by the
Spanish Doniinions, arid three or four degrees farther
South thin any of the Portuguese,Settlements.

After an eloquent reply fre:m Eautt NE,
Lord ELL'eNricißoucti stated to the Jury; thit
the main question of 661, for their consideration in
this Case, was; whether the insured or their agetitSi,
who had the donduft of this ship, did intenl ro in t.
port into S4pajn this cargo, br to assist Alvar4z
through the" media of these ships, or in any other
manner to import this cargo into an enatny "s court_
try No donbt, that all conitnettc with al em.nry
‘,is illegal, except in ;is far as it might be legici.
mated by His 1\11a',;;.s1) 's licence. It ,v,is cOn.
tended that any thing of, that sort ha.l ta';r.ri place
in this Case ; and therefore; the n;:tre tp.,c,,Tion tit
fad was, Whether from all the cuct:ql3tiirA:c. of [hie
'case, the Agents who this
ship' Intended an importation into thefx,
goods, and they' in this case were responble for
the conduft of their reptesentatives on board ?
Whether there was on their part a d.ecided intention'
to import these goods into Spain, or to asbist Alva.
rep,' throtigh the media of these ships so to do If
so, it was perfeeily illegal. Rut if their intention
was only to sell diem to this Portuguese merchant,
that was legal. His Lordship said that most depend
on the whole of the evidence, as it made out the
one of these propositions or the other. His Lard.
ship summed up the whole of the evidence with
great precision, and applied the most material parts
of it to this question.
The jury immediately found a Verdict for the
Plaintiffs. •

Mr. Gxuss, Counsel for the Defendant, said he
should move the Court on some points of Law in
this Case.

THURSDAY, VER. 3.

THE KING V. RICE, ESQ•

THIS was an information filed against the D.
fenddnt, on which he had suffered Judgment to pass
by default, and he now came into Court for the
purpose of receiving sentence, tar having sent seve.
ral letters to Thonach Francis'Freemantle, Elq. with
intention to provoke him to fight a duel.

The Prosecutor, Capt.Freemantle, was the Captain
of His Majesty's ship the Ganges. The Defendant
was the First Lieutenant of the same ship. A mis..
understanding arose between these two gallant
Officers, the detail of which we shall pass' over,
conctovin2; that to be the proper comic after the
turn which the matter took upon a full hearing of
the... Affidavits ; the Court having. referred the ease
to the consideration of another Honourable ri,
burial. it appeared, however, among other roar..
ters, that since thi3 criminal information issued,
the Defendant had improperly addresied the Pro-
secutor in the street upon the subjea of this- Pro_
secution, on Which the Captain retired, 'not chasing
to submit to an alttreation before i! crowd, which
was colleting, &c, Nbthing appeired the whole
case to refleet- on the moral eaaratler of either of
these Honourable Officers. The whole ca :e
gone through,
Lord ELL eNaoitouGn asked, if
was not carried on by the Admiralty ?
Mr..)Aßvls answered in the affirmative.
His Lordship said, the Court wished 4,,
Admiralty, and the Noble Lord ar the le;eCt td
that. Hoard, might 'read the Affidavits prodneed this
day- in Court on behalf of the Oefendatit, and havin,,,
considered the whole matter, that Honourable floar'd
would exerci,,e its discretion, w hether-the-Defend.
ant should be brought up or not btollght 1.11 aim a
future day. The Court wished nothing Luther to
be said on the subjeet- for the present. Iliete
were, however, some circumstanees which had tu:-
cutred since the information was granted, that the
Court could not look to With any indulgence, and
if anything of that kind took place again, the Court
would adv,„: to it with severity. The Court ex.,
petted the Defendant to 'attend to this, and admo.
nished him to follow the advice oihis Counsel, Mr.
EasKlNE.—[lt adverted to what the Defendant ,
said to the froecutor in the street slime the In.

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