Star.
London, England, 1807-10-29 00:00:00

MPORTING IIv7ELLIGENCE.

I:CWMARKET THIRD OCTOBER, OR HOUGHTON
MEETING, 184.
WEDNESDAY, OCTOBER 29.
•
A SUbrCriptinit Plate of Sol. for 2 yr olds tarrying
oa. 71b. 3 yr olds 811. toll). and 4 yr olds 911 51h_.
Two yr old Courfe.
C. Sunbury's ch a Snug. 4 yrs old
mr Wilfoti's ch f Frances, 3 yrs old
Mr Leer's br f Volumnia, 3 yrs old
Mr. D. Radcliffe's bl c. Murgo 3 yrs old
y,lr~itw Al's br c Goblet. 3 yrs old
LdStawcll's b e Deceiver, 4 yn old
6 to 4 on Snug ; 5 to 4 ag,fl Mungo.
A Subfcription Handicap Plate of 501. for 3 yr olds
and upwards. D. I.
D.of Grafton's b f Vanity,4 yrs old, 8R 51b
Mr Sitwell's br c Goblet, 3 yrs old, 7ft 7lb 2
Seckville's ch h Profpero, 6 yrs old, 91t slb 3
Sir C. Bunhury's h c Rambler, by Whilkey, 3 yrs old, 7ft slb 4
Sir F Siandifh's fitter to Duxbury.s yrs old, 3ft 5
Mr Batfon's ch e Charmer. 4 yrs old, 711 solb 6
h:r William's eh f by A mbrofio, 4 yrs old, Bft 41b 7
Mr C. Browne's hr c Woodman, 3 yrs old, 6ft a Oh 8

1• i
. s
. 3
4
I
. dr
dr

ward.

.., .
Mr wiiron',, ch f Fray crs, 3 yrs old, 6ft sdb dr
Mr Wyndham's br e by Sehedord, 4 yrs old, Bft dr
Mr Fermor's b m Prldfr, 6 yrs old, oft 71b dr
Mr I.ake's b f Nymphina, 3 yrs old. 71t 'lb dr
4. to i agit Vanity ; 4. to 1 agli Goblet ; 7 to 4 agn
Prnfpero.
IA Stowell's Deceiver, Bft. rec. sogs. from Mr.
Payne's Ferdinand, 6ft. 131 b. Ab. M. toogs.

WATMOUIII, OC7O4'AR 27.

•
N.awithflanding the late gales on this coan. the
Fafhionables fill continue to increafe. . Among!' our I,
IA arrivals are Lord and Lady Hasvice, and the t 3th
Light Dragoons. On• Saturday the Sands difplayed
an until-nal afftmblage if coaches, barouclies, cut ri
ties, (addle hones, &c. indeed more fn than at any'
one period of this feafon. The balls are announced
br a continuance during the winter.,
The Volunteers from the Shropthire and Montgo-
mery Militias, who have joined the 53d, now in bar-
racks here, after regaling themfelves for lonic days
pall, as long as their bounty money !ailed, are now
undcr Ilrift difcipline, and on parade wake a very
fine foldier like appearance.
Colonel BINGHAM, of the 53d, has got the tallen
man in England in his
regiment : he procured him
from louse thew people, who exhibited him as an
Eng,lith colofrus : he is only nineteen years of age,
(lands feven feet four inches and a half high in his
flockings. The Colonel humanely allows him double
pay and double rations of every kind of alas to the
7.0 if the regiment.
Except on partial benefit nights, the Theatre has
been by no means well Attended. Mrs. BARNES, the
wife of our excellent low Comedian of that name,
and a very favourite as9refs here, had her benefit on
Saturday evening, on which occafion the boxes exhi
bitcd all the beauty and fafhion in this neighbourhood,
accompanied by every Military Officer in the barracks
here.

On Thurfday a large brig, deeply laden with
coals, from Sunderland to this port, went on fhore in
a fug on the funken rocks off St. Alban's Head, and
almoft immediately went to pieces —Crew Paved.
Off the Race of Portland, for fume nights paft,
teveral French privateers have been feen hovering
about, and giving chace to our coafters ; hut from
the vigilance of the Pttyro Imp of war and Linear"(
go brig, no captures have taken place that we know
of. It blew In hard all day on Saturday and Sunday,
that the Guernfey packet could not leave the harbour;
it cleared up, however, yefierdey, when fhe got un-
der weigh with the mail, and failed with a fine breeze
at E. S. E.

'eflerday a Court of Direetors was held at the
Eall India Houk, when Captain HENRY MEMTAN
was fworn into the command of the thip Exeter,
dellined to China. The Court adjourned at fix
o'cl.ck till Wednefday next.
Extract of a Letter from Captain 'Awls, of the fhip
Diana, to his owners in Liverpool, dated Augull 30,
Itirl, in lat. 17. 9. W. long. 58. 20. W.
an: lorry to inform you that two days ago wr fell in with the
Freceb fawner privateer la Vengeance, Capt. Bligh, front Gua-
&loupe, of twelve 9-rounder carronade., and too men, out two
ths. At four P.M. (he came alongfide and attempted to board
es, but we repulfed them, having fhot away her foremaft and
bowfprit, and taking four of the boarders prifonem two of them
badly wounded: the lair's' lafted till fcven o'clock. when we made
tail wed joiued the Hannah. I ant furry to fay, that I received a
flint through my thigh, and am grazed in the face with a mullet
tot; my EA mate is badly wounded in the heft ye, thc boatf.
wain lightly in the right arm, Jonathan Plumptor flightly in the
tight band, P. Jofeph !lightly in the back, and W. Cowley very
badly in the righ• arm. We received fevers' thot near the water's
edge, which mad the (hip to make a deal of water before we
flopped the leak ; the foremaft is badly wounded, two of the fore
&roues cut away, and fume other ropes of inferior eonfequence
earnsged.

Extra6l of a Letter from Capt. THOS. LIG HTLEY.
the fhip Hannah, oC this Port, bound to Kingfton,
Jamaica, to his owners, dated off Antigua, Auguft
36, 1807.
SIR-1 am happy to inform you that we are fo far advanced oo
oar paffagt to Jamaica; we fell in (being in company with the
Di.na, 'Captain Lewis, for Hayti) with a French privateer, be-
:ongiog to G aadaloupe. mounting twelve to pounders, and carry-
ing tco men, but the two ihipq being together heat them cif after
a lnhg engagement, difmafted him, and left him in a finking Rate,
In lat. t 7 30. I•mil 39 30. . .

Should a 2c,0001. Prize not come up during to-
morrow's drawing, there tvill be a chance of its
accompanying, on the Fifth Day, the FORTY THOU.
SASD POUNDER, to which the (it'll drawn Number
will Sc then entitled. Much more improbable events
/lave taken place. That thus the chance of obtain
ing, at one llroke, 60,0001. by any remaining Ticket
Rill for purchafe in the Lottery Market, is a no lefts
evident, than a moll interelling faet.
The Ticket, 4,030, Drawn Ilhe Third Day of
Drawing, a Prize of gool. was Shared and Sold Icy
J. WARHSR, No. 16, Cornhill, in One Half, One
(12arter, One Eighth, and Two Sixteenths. The
fortunate Holders may receive their Money imme-
diately. Nil Perfons purchafing Tickets and Shares
before FRIDAY, October 30, have a Chance of the
following Grand Lin of Capitals:
Prize of 4^.000
2 20,000
I 10:-CO

&c. &c. &c.
PRLSLN PRICE
pd[Ticket
%Am

Lzt o 0
£lO 14 0 Eighth A;2 I< 0
S ti Sixtecutb 1 1 0

OLD BAILEr.

Yenerday the Sellion% commenced at the Old Bai-
ley, before the LORD MAYOR. Lord ELLENBOROUGH,
Mr. Baron l'it.)rtipsor4, the RECORDER. &C. when 16

prifoner% were tried, one of whom was capitaily can-
viaed, viz.

John King, alias Benjamin Gibbs, for having, upon
the toth of the prefent months Rolen fix flieep, being

the property of J. Jacombs and Edward. Wood:

It appeared in evidence, that the profecutors, J.
jacombi and Edward Woodward, had purchafed a
lot of 140 cheep, at Salifbnry, and brought them to
Wilfden, in the neighbourhood of London ; that on
Saturday the 3d of Oaober, fix of the cheep were
miffing; that the prifoner brought them on Sunday
morning to one Wheatley, a butcher, rending at
Bayfwater, to have them killed and brought to
market ; and that Wheatley fufpeaing the prifoner
did not come by them honeflly, gave information to
fome Bow-ftreet officers, of the circumliances, and

fent the lkins-of the theep to Bow-ftreet. Jacombs,
one of the owners of the cheep, having met in Ox-
ford ftreet, a man precifely anfwering the defcription
of the perfon who brought the fheep to Wheatley,
infifted upon his coming with him to Bayfwater.—
That man, who was the prifoner at the bar, at tirll
contented, but afterwards ran away acrr'fs the fields,
and was purfued about a mile before he was taken.

The (kips of the (beep were farorn to by the Shep-
hera, who had branded them, and who produced the
brand in Court, and applied it to thynatrks.
The prifoner made no other defence than that he
had bought the (beep from a man on'the road, whom
he did not know.

Lord EccENBOROUGH recapitulated the evidcnce
to the Jury and nbferved, the the circumtl.ince of

his flight, added to that Af his not being Able to give
any probable account of the manr..:r he came by
the (beep, which was (worn pofitiv,:ly to have been
ilolen from the profecutorc, mutt create fufpicion
againti the prifoner ; but if the Jury had any doubt,
it Wai their duty to Phew him the full benefit of that
doubt.—The Jury, without hefitation, found the
pr ifone Guilty—Death.
Eight were convided r f felonier, •iz.

Warm "harp, for Pealing a clock, value tcl. the
property of Judinian Caffamajor, Efq.
The profecutor Bated, he had employes' the pri-
foner for fome time in his houfe in HertfDrd(hire, as
a carpenter, and he had (hewn him and his family
fome kindneffes. Having occafion to vifit fome of his
relations in Devonfhire, he left his haute in the care
of two maid fervants and a gardener—but when his
el( ck had been taken away, and, in confequence of
inforroatic•n, he attended at the Police Office, where
he law the clock again, and found the piifoner in
cullody ; he afked him how he got into the houfe
' and took away the clock He laid, at the Venetian
window in the kitchen, which nobody about the !mule
was aware could be opened. No promife was held
-out, nor any threat ufed, to make I,im confers._

Aldus, the pawnbroker, proved, that the prifoner
brought the clock to him to pledge ; be anted him
the particulars of it—how he came by it ? He Paid,
it had been given to his wife by her father ; the had

had it ten years; it had been in the family thirty.—
He afked him to give forne further defcription of tire
clock ; he could not—wanted the clock again—the.
Pawnbroker would not give it, unlefs he produced
fumebody who knew him, which he did not—and
therefore the Pawnbroker kept the clock, and de-
tained the man ; and, in confequence of an advertife•
ment, the profecutor appeared, and obtained hi 4 pro.
perry,
The Learned Judge laid, that although the taking
was in HertfurcHhire, yet the offering to pawn in
Middlefex, was a continuation of the theft, and there-
fore the indiement was well laid in Middlefex.
The Pt ifoner Paid, that he had formerly received
a violent blow on his head, which hurt him fu much
that when he had taken a drop too much of liquor he
did not know what he did. He threw. himfelf on the
mercy of the Court, and appealed to his profec-utor
I for a charafter.
The Profecutor laid, the prifoner was an idle drun-
ken fellow, which was the more to be lamented, he-
caufe he could do almoft as much in one day, when
be chofe, as any ordinary perfon in a week.
The Jury &mid him Guilty, but recommended
him to mercy.
Mr. Baron THOMPSON obferved, that the ptifoner
was not indieed capitally, arid therefore his life
was not forfeited, although the evidence in this cafe
would have fupported an indiement for a capital
offence.
Hontague and Wiliam Gaib'by were reminded
of Healing, on the v.ith of September. four geefe and
three ducks, the property of a Mr. H3dfon, a farmer
at Bufby, near St. Alban's The property was
found on them by Blackman and Crr cker, two Offi
cers of Bow (tree, who nofid there poacher; in Dynt.
ftreet, St. Giles's, and, in their language, walled
them home. There were a number of nuofes and
fnares found on them, for the killing of hares and
poultry without nnife.
Ann Gill was indifted for Healing three window
curtains and a tablecloth, from the dwelling houle
of Mr. Warunder. Pringle, a (Allender, in Norfolk-
greet.
The prifoner was employed as a charewoman,
and had taken thefe goods and pawned them at a
neighbouring pawnbroker's, for a very (mall furn.
She did not attempt any other defence, but merely
declaring that the had intended to redeem them.
She was found guilty of Healing under the value
of 405.
Pollard and 7. 7.r e:, for Healing a quantity of
Ilrono, beer, the property of Meffrs. Bennett and Co.
klizateih goner, for Healing two lets of cut glafs
bottles, and one let of cruets, the property of Meffrs.
Neale and Co. and
IV. Wilmot, for Healing zo yards of velvet, the pro-
, petty of J. Wells.
And (even were acquitted, among whom—
/lax killiams was. indifled for Healing a (mall
pocket-book, containing two tol. and three 11. bank
notes, the property of J. Somers.
The profecutor Hated, that as he was returning,
on the sel of Oftober intiant, between ten and eleven
at night, from tiettfington towards London, near the
Turrp.ke-bar, be met the prifoner, in company with
too other women, whom the left, and came to him.
She walked v ith him about ten minutes, and then
left him, ILA w:u: t;ta contrary way. He miffed

his pOcket-book from his inlide coat pocket ; it was
there when he felt for it in the courfe of the day ; ii

contained two ten pound grid three one pound note
nf the Bank of. England. He followed immediately,
Prized her, and gave her in charge of the patrole.
She was then taken to the watchhonfe, fearched—
nothing found. She made nfe of a folemn oath that
the had not robbed him, he (dying that he would
forgive her if the gave him back the property. Upon
this oath. and fruitlefs fearch, he let her go, but re
fated what patted to the Bow.tlreet patrole, as he
went along. The profecutor Paid he was about a
minute furrounded by all three women, before the

prifoner fepirated to go along with him alone.
William Butterworth, the Bow-greet patrole, laid,
that in confequence of the defcription which Mr. So
otters 'had given of the three women, who were in
company with three grenadiers palling through
Koight(bridge that evening, he went to their lodg
ings in Duck lane, Weftminfler, where he found
the prifoner in bed with a grenadier. When the law
him, the fell out of bed and cried, threw down on

the poor five guineas in gold and filver, and put
one pound note under the bed ; he fearched the fol.
Bier, and found a one pound n,,te on him. The
prifontr acknowledged and dcclired that the robbed
the Gentleman, but laid it was only of ten pounds

that the robbed him. The next clay flue acknow-
ledged before the witners, that the had robbed
Qf the three tl. notes and :he 201. He had not hid

any thing to her to induce her to confeL
Mr. Sooners, however, thought that Butterworth
had laid to titeyrifoner, that he would be her friend

it the confeffed:

ELLLMIOROUGH obferved to the jury, that
this indietment was for a capital offence, that of
Pealing privately from the perfon. As to that, the
could not be convieted of the capital charge, unlefs
the Jury were farisfieci that the prifonet's was the
hand Lb tt Role the property ; but, however, if it
was done by the hand of either of theirs, yet, if the
was concerned with either of them in that aft, the

was guilty of the fingle larceny. No part of her
confeffion should be tiled again( her, if it could he
laid to have been obtained under the lure of a pro-
mile, or the terror of a threat. They would con•
rider whether there was any pretence for that, under I
the evidence, as it applied to the fir( confellion. If
they did not believe the prifoner had any Ihare in I
the robbery, they would acquit her.
The Jury, after a (hors confultatioc, found the
prifoner Not Guilty.
William TreWr, whofe trial Rood ever fince the laR
Seflions, was put to the Bar, on a charge (f feloni-
onfly Realing out of the Edinburgh mail coach, in
March laR, Bank notes, Bills of Exchange, &c. to
an am"unt exceeding vool. the property of Metfrs.
Kentington and Co. Bankers in the city of London ;
and in other counts in the indiament, the property
was laid as the property of other perfons.
This cafe occupied the attention of the Court a
confiderable time, and was not concluded till paR
eight o'clock. In the courfe of the evidence, which
branched out into feveral chains, it apreared that the
priloner had been a paffenger in the Edinburgh mail
coach, from York to London, with force other
paffengers : that at Newark, a parcel had been given
by the Pollmatler, who had received the fame from
a Banking houfe in that town, for delivery in the
wfuaLway by the mail, to the honk of Mars. Ken
lington, in London : this was the parcel that had
been flolen.

One of the paEngers (a witnefs) obferved in the
hearing of the ptifuner, that the parcel certainly
contained money, and that it was made up its a care-
leis way. The prifoner had a pair of faddle-bags in
his polfeffion. They changed paffengers more than
once ; but the ptifoner continued ail the way (01
London, as above. At the PoI Office the parcel I
was miffed; and i: was proved that the property was!
never received at the houfe of Meths. Kenfington, to
which it was direaed : it (honk, by the due cootie I
of delivery, have strived on the 13th of March.
By another chain of the evidence, it appeared that
la per fon calling himfelf Warren, negotiated a Bill
I of Exch,ange at the honk of Meffrs. Arkwright,
1 barkers, at Vs'aikworth in Derbylhire, for 4271. tot.
{ which it appeared was one of thole incloted in the
, above parcel), on the 20th of March, in the change
fnr which he teceived a 2001 note, and a Bank Poll
Bill for tool.; but the witnefs who defcribed this
could not (wear the prifoner was the perfon. It was
alfo offered in evidence on the pat t of the profecu•
tion, that one of the notes received in exchange for
the above mentioned Bank Poll Bill, was negotiated
or changed by the prifoner, through the medium of
his daughter, a very yt ung girl, at a Coffee bottle in
Somer's Town, on the 29th of March, near which
the prifoner then lodged.
A Clerk of the Fevetlham Bank, in Kent, Rated,
that a perfon, whom he had no doubt was the pti- I
loner, though he declined fwearing pofitively, nego.
tiated a Bank Poll Bill at that houfe on the 9th of
April ; and the waiter of an inn at Feverfhant. laid
that the prifoner, who had a pair of faddle-bags,
came in company with another perfon to that bottle,
On the evening of the Bth of April.
Mr. RECORDEZ addreffed the Jury, obferving the
cafe Was certainly a fulpicious one ; but whatever
their private opinions might be, the evidence ad.
duced was not loch a Ilrietly to maintain the
charge as laid in the indielment. To bring it legally
tinder the jutifdiellon of that Court, it lhould be
proved that the felony was committed either within
the county of Middlefex or the city of London ;
there was not fafficient evidence as to the 1, cality.
No part of the property was found in poll: Rion
the prifoner in the city of London ; what might
have occurred in Derbythire, or in the county of
Kent, did not legally apply to the particular
charge, and he thought they could not, upon their
oaths, fay that the property in quaion was !Wen
either in the county of Middlesex, or the city tf
London.
The Jury, in confequence, after a. (hurt delibe-
ration, found a verdict of—Not
Mr. Recoavea ferinufly admonifhtd the prifoner
as to his future condu.l. It was his duty (the
Rev:mote's) to take care that he fhould unt be ctin-
eieed but upon the aria letter of the law; and he
trolled what had jug paned would be a warn:ng to
him never to be teen at that Bar again.
Harry Mop and hichard Brown were indieted for
killing three Cheep, with intent to Heal their carcafes ;
the lbeep being the property of JAn Watkins. •
The prolocutor, who settles near Kensington Gra-

rel pits, was proceding to Rate the way ill which
*he citcumflances of the cafe came to his knowledge;
when it appearing on queltions from Lord ELLEN-
BOROUGH, who tiled the cafe,.tha: the fi-ld in which
the profecntor had found the Cheep fl i.ighicrcil, was
not the fame field in which be bad plat .d them, but
the one immediately aJj ; and th it no mai ka
of blood were to be traced in the field where the
profecntor had placid the (beer,
lii,Lord fhip i:bfer ved, that there flt -in! ha ye been
two connts in the indiftment, one of them charging
the prifoner with the (leafing of the (beep. The remo-
val of the flieep from the oae field :`e tiller com-
pleted the felony. They hail n.,t, therefore, been
tialightered with intent to flea], but after bei, g
had been removed for the wir pole of fl lighter. The
prefent indiftment could not be main...lined, f r want
of evidence applicable to the precire offence. It was
imponible to fay that a man had killed with intent
to flea], !beep which he had already Ifolen The
witritfres mutt therefore go before the Grand Jury,
and file a bill againtt the prifi.ners for ',lusting the
!beep in queltion.
Mary Ward, aged 23, was indiaed for healing a
filk cl iak, and other articles of wearing apparel; the
pr petty of Sarah Turnbull.
Fro-n the evidence of an officer of police, it ap.
peared that the profecutor had expre free her deter-
mination not to appear. She was accordingly called
on her recognizance, which was ordered to be
ettreated, and the prifoner was acquitted for want of
evidence.

Andrew 2IPGiII was charged with (leafing two 51.
three 11. notes, and 6 guineas in gold, the property of
Captain Chetham, at Hatcheteb Hotel.
The prifoner then earnefily begged the Court that
his trial might be put ,ft one day. on account of
the abfence of a material wi•nefs in his favour. He
laid it was the firll time he had ever appeared at a
bar of juitice. He knew very little of the bufinefs of
the world, though he "ad been 4; years in it, and
owing to this, and hi,. being c• nfined in a dungeon in
Cold Bath fields tiil laft, he had not been
able to prepare flifficiently for his ttial. His princi-
pal witnets was out of town, but he expelled him tn.
morrow, when he ()mild be prepared to rebut the
charges.

The Court obletved, that Captain Chetham being
an officer in the ferv;ce of his country, delay might
he inconvenient to him. Captain Chetham then con-
tenting to the delay, the trial was put off till this
morning.

/atone° Departlo, alias Depino, was arraigned eircid
an indictment, charging, that he, on the 50,h of
November LA, at Canton, in China, on one William
Burn felonioufly did make an afrault ; and that he,
with a knife in his right hand, in and upon the left
fide of the belly of the Paid William Burn felonioufly
did flab and thrutl, thereby giving him a mortal
wound of the breadth of one inch, and of the depth
of feven inches ; of which he died; and the Jurors
did fay, that the prifoner felonionfly did kill and flay
the Paid William Burn, egainfi the King's peace—
that ii, the aline charged upon him is manfl tighter.
The prifoner being a foreigner, a Pqrtoguefe
as we underhand, an interpreter was (worn to com-
municate to him the indiament, and to call upon
him to plead to it ; being told, in his own language,
that he fhonld plead Not Guilty, he did it readily.
The queliiatt was then afked him in th. ufsial form,
" How will you be tried ?" and being told that the
anfwer he fhould make was, " By GOD and the
Country ;" he anfwered, " By Goo and the People
of the Country." His anfwer was amended, and
put into the common firm.
He was then aficed, by direftion of Mr. Baron
Twit/mom, whether he chofe to be tiled by a Jury
of all Englarnen, or half Englifh and half Strangers?
lle anfwered, half Engin and halt Strangers : which
was ordered accordingly; and he was it f rifled, that
his trial would be proceeded in on Friday morning
next.

TUCKER, THS BANKRUPT.

Tucker, who (lands charged with felonioufly ab-
fconding from his commiffion, and embezzling his
elites, was yellerday brought to the bar of the Old
Bailey, n the motion of Mr. GURPIEr.
When put there, the Learned Counfel Rated to the
Court, that the objat he had in view was to move
that the trial nt the prifoner (hould be pollponed un.
til the next Seflions, in confequence of the profecu.
tors, who were the aflignees under the commitlion of
bankrupt, being unable to proAuce all the witn.:ffes
neceliary to fupport the charge, as many of ti cm
lived in Devonshire and in Cornwall, and could not
be procured in time for the ends of public jutlice,
during this Sellions. And he moved accordingly.
Mr. KNAPP. on behalf of the prifoner, refilled the
motion. He nbferved, that he had been in cullodv
there three weeks, and that the profecutors having had
time to have collated all their evidence, ought now
to have been prepared with it, and not keep the pri-
foner unnecefiarily in fulpenfe, with a charge of fo
weighty a defcrittion over his head ; and concluded
with hoping, that the Court would proceed with his
trial in its regular court,: during this Seflonc.
Mr.GuastLy, in reply, anfwersd, that the prifoner
could feel no inconvenience from the delay fought
for, till next Seffions, as, at all events, he mail be
continued in prifen till the fining affizes for tke
county of Devon, being detained under a warrant of
committment, for felony and forgery of (tamps in
that county, where he mull be tried • but at any rate
Monday
he was not fully committed until onday lall, and
he was perfuaded that, conlidering the magnitude of
this cafe, the number of the witneffes, and their dif.
tance from the metropolis, the Court would not im•
pole upon the profecutors in hard a talk as going im-
maturely to trial with this man at In null a notice.
The Court granted the motion, and the trial con-
fequently ttands over till next fellions.

We have the pleafore to inform Officers comman-
ding Regiments of the Line, Militia and Volunteers,
'hat this day was publiflied by J. A sPiltas, Cornhill,
price 25. 6d. Divine Service of the Camp or Gatti.
fon, as performed at the Drum [-lead, with the out-
lines of a few Difcourfes or Field Sermons. adapted
to the underflanding and circum fiances of the private
Soldier ; to which is annexed. a Sketch of the Form
cf Confecration of a Stand C, 1 lir% by the Rev.
Wm. HENRY PRATT, R,etor of Jorisrb 'rough, in the
County of Armagh ; and Chaplain to feveral Regi-
ments: of Cavalry, Infantry, the Line, Fencibles and
Militia, daring the late and‘prefent wars.

1

SLSSIO.' S, UC7Oc LK 27.

WEST-INDIA DOCK COMPEN-;ATiON.

♦CT.

NEcIRS. MANNING AND C t. V. THF CnfoIMISSIONFRS
TOR COMPENSATION UNDER'THE WEST INDIA D:CK

This was an anion under a fpeciAl claufe in the Aft
of the 30) n! hi, nre:ent Maltlly, commonly called
the Wett India 1) ck Aft, htutiOit to recover com•
penfati n in (lama. es F r an aveiage lids full:tined
by the claimants, in confequence of the introduttidn
of the Well India Docks. _ _ _

Mr. Serjeant 13t sr, as leading Counfel for the
Claimants, addieffed the Court He faid this was a
qu:ltion of very cnoli.lcrable public importance. It
was a vellion bete:tell the public and certain indivi
duals claiming nit:pent-46,m at the hands of a Jury
cf Metchi, ts, for an avetage on lopes fitllained
Un-
der the Aft of P.tiliam_nt, which authorized them
to try this cattle, and upon the nature and effeft of
which they were the mil competent to decide. The
claimants were n.. 11 rapeflable merchants, and,
previous to the Nihrtn. of this Aft, were the owners
and occupiers of certain warehoufes, inflated en
Tower Hill, and of that dcfctiption called Up-town
Warehoules, to dillinguilit them from the legal quays:
the defendants were, in fait, the public, but repre-
fented by certain perfons denominated Commiffionets
for Cornpenfation. In c..nfequence of the cultivation
of .iur Well India Colonies, the incteafe of produce
fr.,m the Welt India ;nand, the ports of France being
flon againit us, and the prohibition of our trade with
many of the Continental Powers, an extraut dittary
demand for warehoufes was cleated, and it became
necelfary to erefl the Well India Docks, for which
onpofe the Aa of Parliament then under confidera-
tion was palled, which al fo.by a fpecial claufebappointed
the prefent Commitlioners to afcertain and grant corn-
penfatiitt to the owners of warehoufes, who fhould he
it:jured thereby; and in cafe of refufal to accept of fuch
compenfati, n, then the quelliun was t.: be decided Ix:-
fore a Jury of Lond-in Merchants. The quellion there-
fore now was,w hat compenfat ion there gentlemen were
entitled to, and how fuch cumpenfatton was to be
afcertained ? The Aft direfted that the average
flifoild be taken ft um the three or four years produce,
" before the palling of the laid Aft." Thefe words,
however, lie confidered nonfenfical, and contrary to
julfice, law, and common fenfe ; for if taken in the
literal meaning, the average of compenfation mull
be mere gods work, fince, under the exiling cir-
enmllances, it was not poffible to afcertain the ave-
rage, but by the lubfequent produce. The Learned
Connie' here catered into a minute calculation of the
average profits of the claimants ; firll, from the
year 1795 (four years previous to paling the Al)c to
1799, and from that period to the year 1804, from
which he contended that they were entitled to an
annuity .if 7301. which, calculated at the rate of nine
and a half years, amounted to 65701. the fum which
his clients now claimed. Previous to palling this
Al,c the claimants had expended a fum of 10601. in
making thefe warehoufes more commodious, and fit
for the purpofe of warehoufing Well India produce ;
the average interelt of this fum, he conceived they
were alto entitled tn. The premifes had fince been
fold to an At my Contra. or for 15001. which hum,
he admitted, was to be dedufled from the grofs
claim. With refpeft in the word., of the Aft itfelf,
upon which lie had already obfetved, there was a
precedent exiling to fet them Aide, and to julify
Slim in making his average from the period fubfe.
quent to palling the Aft ; this was the cafe of the
legal gnays, where full compenfation was made,
up,m an average for the three 101 l years, fince the
Paling of the Aft, when no appeal whatever was
made, and all patties were perfefily fatisfied.
The leafe to the claimants of the premifes in quer
lion was produced, which appeared to be for 21 years
from July 1794, at the ) early rent of 24 1. including
taxes.

Mr. W. Dowling, clerk to the claimants, produced
the feveral accounts of their annual profits, &c. and
being examined, laid that thefe warrhoufes were ufed
for the purpole of warehoufing fugars, and other Well
lr.dia produce ; and, in confequence of the great in.
creafe of impor ts,other warehonte. mull have been pro.
vided, had not the Welk. India Docks been built. In
the early part of 1799, the charge for warehoufing
was at the :ate of 4d. per calk; but for the two years
after, the charge was increaled to 7d. per calk, per
week, upon the legal quays ; but the claimants'
%rarely ufes being more convenient, they only charg-
ed at the rate of 3d. per calk on large calks, and 2d.
on (mall. They paid one year's tent at the time of
the opening of the Docks, without receiving any
profit whatever.
Mr. Thomas Banning, a cooper, (Poke to the
nfual charges for warehoufing at the period in quef-
tion, the caufes which increaled thofe charges, and
the great demand fa- warehoufe room. He laid he
Should not have 'lrritated to give
_cool. for the pre-
miles at that time, and had no doubt of making a
profit of kali 2501. per annum.
Mr. Holding, a refpeaable merchant and ware-
houfeman, produced an account of the quantity of
&gar warchoules front 1795, to 1804.
Mr. Frederick Purdy, another warehoufe man,
alfo (poke to the caufes of the iticreare of charges,
and great demand for warehotifes.
The Avroartyy GEN LRAL, on the part of the Com-
tniffionets, obfeivrd that nothing was more reafona-
ble than to average the profits by an equal number
~fgood and bad years ; but taking it upon the Plain-
tiffs' own (tatement, and the rafts from their own
books, the average amounted to e3cl. t ts. 2d. per
annum; and dedofling the 15co1. 'ince paid them,
for the warehoufes, would leave a balance of corn-
peniation in their favour of 6851. This, he united,
the Jury wa uld fee was the real jultice of the cafe,
and according to the words of the Act, would be a
full, liberal, and jail crmpenfation.
the RECORDEtt, in charging the Jury, nbferved,
that his mind h.ct been made up from the very open-
ing ut the Claimant's Counfel, upon the legal quer-
-6(41 in this cafe. It was admitted, that the inct cafe
of trade which flowed into this city made it necelfary
to build thefe docks, and by building them parties
were irjured, and the compenfation could only be
granted, ups n the average, up to the rime of palling
the Att of Parliament. The preamble and the en-
aaing daufe were the whole perdu. of the IsrL of Par-
liament ; and on; put any other conitruflion upon it,
wriolsl be opening a wide field to fraud : the claufe
theltfoic, opinioup tclated to nothing iubfe•

quent to parting the At; but he was happy that his
pinion was Hill itthjeft to a higher joriftiktion. The
jot y woe to confider what was a fair, full, and libe
ral comnenfAtion, and lhould calculate upon an ave-
rape previ"tts to palling the At : they would air)
take int,, their cunlideration the fum expended in
improving and enlarging the premifes, and make a
teafonable allowacce of intereli upon that fum.
The Jury retired for about a quarter of an hour,
and then brought in a verdk of 8021. 18s. 9d.
Srveral other cafes of a fitnilar nature were de-
pending, the confideration of which is poilponeclun-
a the neat adjournment day, NJvember Is.