Star.
London, England, 1805-07-24 00:00:00

LAW INTELLIGENCE,

HIGH COURT OF ADMIRALTY.—.-YenerdPT the
Right Hon. Sir W. SCOT? proceeded to the adjudi-
cation of the following cafes :

The Falcon, Atkins maicr.—This veffd under American as
lours, with a cargo of wine and various other articles, on a voyage
from Bourdcauz to New Orleans, was captured by the private
Ildp of war Ponfonity, Matthew Platt commander, and brow*
to Liverpool. In this cafe further proof was direded as to the
property of the lidp and cargo.

page Conrad, pampa malter.--Tbis Vera with a cargo of
wine and brandy, in the prokeution of tier voyage, was captured
by the private hip of war Lard Melton,— Crowte commander,
and brought to Plymouth. Further proof was alto diredted in this
cafe, as to the property of the hip, ergo, and den:balm
Omnibus, Jamb mafter.-aTMs veffel, under Pathan colours,
with a cargo of gin, from Rotterdam to Guernfey, was captured
by his Majefty's cutter Entreprenante, Lieutenant R. B. Young
commander, and brought to Portfmonth. Ship and cargo son-
donned as good and bwful prize to the captors.
Enoch, Deane mafter.-..This vac!, under American colours,
with a cargo of fugar, (ace, and other articles, on a voyage from
Bolton to Antwerp, was captured by his Majefty's gun brig BA-
Wk, Lieutenant G. Higgs commander, and brought to Dover.—
Ship and cargo condemned, on the ground of its being one conti-
nued voyage from the colony of the enemy to the mother country.
Rowena, Potter mater.—This being a &num voyage to the
former cafe, was condanned on the fame ground.

Zeeloft., Bakker mafter.--Property condemned.
Clio, attend& William Pitt—Property reitored on payment
of captors cxpenem.

Liebe, Brockwoldt nufkero—Soods, Lundberg mafter..-The
Lune deates were pronounced in thefe two cafes.

Hoffnung, Permian mafter,-.Ship and cargo rcftored.
Aquia, Cartho malter.—Partber proof of the property of the
Rip, and the cargo reftored.

Mac, ~— wafter.--Shlp acrd goods reared with freight, and
expences, and the qualm of damages refer►ed.

COURT OF KING'S BENCH, JULY 23. •
TENNANT V. RUFFIN.

The Plaintiff is a fugar•refiner, in Ayliffe-Rreet,
Goodman's-fields ; the Defendant is a back-maker,
in Nightingale-lane, Wapping. This was an ;talon
feeking a recompence in damages for defamation.
Mr. Easitins, for the Plaintiff, faid, that his client
was obliged to feek juilice from his country, under
a ferious charge, which was equally direded againit
his credit and his morals. The Defendant had raifed
himfelf from low circumftances to affluence, and he
ought to have recolleaed the means he himfelf had
employed to attain wealth and confideration. So
fond was he of the riches he had acquired, that it was
his morning boalt that he rofe worth 40,0001. in his
pockets. On Wednefday the 27th of March, the
Defendant, whir feveral others, were affembled on the
occafion of a public Pale, at which Meffra.Keats, Au-
(tin, Miers, and others, were prelent. At that time,
he ufed language injurious to the charader and cre-
dit of the Plaintiff, if the latter WPC not to isquire
the interpofition of the Jury to name to him his
good name : they would know how to appreciate
the injury he had Curtained, and would fecure to him
the redrefs he fought at their hands,
Mr. Daniel Attain faid, the Defendant came acrofs
the room to him at a tavern to which tome of the
bidders had retired after the Pale, and allied if the
witnefs had fold goods to the Plaintiff ? The witnefs
replied he had not; but Mr. Keats fitting to the left
of Mr. Außin, faid he had. The Defendant then
obfer red, you had better get your money. Mr.
Keats enquiring why ? the Defendant anfwered, he
would explain the reafon the next morning, if he,
(Mr. Keats) would call upon him In confirmation
the Defendant produced a letter which, he faid, was
from no lees a man than General Clavering, but he
did not expofe the contents.
Mr. Keats and Mr. Mien added tome farther par.
ticulars. In confequence of this converfation, the
cart of the Plaintiff was twice feat back from the
warehoufe of the Defendant empty, Mr. Mier: not
being willing to truß the Plaintiff with the goods for
which he applied.
Mr. Y(.ung faid, he had been in partnerthip with
the Plaintiff fince the t ath January ; that he met the
Defendant, who told him, he (the witnefs), was fup-
porting a perfon that was unworthy of his confidence.
The Defendant added, that he had twenty-two ac-
tions againd the Plaintiff ; and he fwore he would
ruin him. When crofs.examined, the SOLICITOR.
GINIRAL Aced, " Do you know if fame wags had
been advertifing in the papers for a wife for the De-
fendant ?"

Mr. GAatow.-0 There would be no end of this
poetry."
Lard E Lt. a 'Knauss The Defendant might
be goaded by forne provocation."
Mr. Young—" The Defendant faid, he had pre-
ferred an indidment againfl the Plaintiff, who had
fent a number of handfome women to him on fome
fuch errand."

Mr. GARROW44 If you want a little amufement
of this kind, k might be fupplied without poetical
fiaion. The Defendant is a candidate for the office
of Sheriff, and he has chofen the motto to his equi-
page which the Defendant would do well to regard
Do right and fear nought."
The SOLICITOR Gansu'. admitted the Defendant
had done what he could not legally jufify, but that
he role every morning and retired every evening,
bleffing GOD that ha was poffefed of forty thoufand
pounds, was an afininn no tappostcd w ,chi ayi
&tee.

Mr. &lbw t a not far preach, what yob
now flue."

The SOLICITOR GENRIAL returned, that he meant
to (late it correaly, and he confidered it as one of
the bold Pindaric flights to which his Learned Friend
was addiaed, for the purpote of indulging his own
inclination, and of attracting the admiration of the
obfervers. The fan was, that the Defendant was of
a very irritable nature : f this difpofition the Plain-
tiff was well informed, and he knew how to play
upon that refponfive inftrument the human heart,
from which be could extras difcord or concord, at
his pleature. Some tricks were retorted to, in which
the Defendant was publicly expofed."
Lord ELLsitsoaotiou—" If you do not go into
the evidence of thefe, I mull apprife the Jury that
they have nothing, to do with the cafe before them."
Mr. Young being recalled, and nothing to this ef-
fea tranfpiring, the Learned Counfel for the Defen-
dant left the fate of his client to the jullice and mo-
deration of the Jury.
After a few obfervations from the Learned Judge,
on the malicious motive effential to the cafe of the
Plana, the Jury delivered the verdift, Damagessool.

KAYS V. ClOllOll BAILLIZ.

_ _ -------.
The Plaintiff is an Attorney, in the firm of Win-
ter, Kaye, and Co. ; the Defendant is a Merchant,
formerly in copartnerlhip with Lord Reay and others,
Weil India Merchants. This anion was alto for de-
famation. The Defendant bad printed, or procured
to be printed and circulated, a Pamphlet, in 266
quarto pages, including the Appendix, into which
was introduced the following letter, addreffed to the
Plaintiff (the book was entitled, " George Baillie's
Narrative of the Mercantile Tranfaaions of his
Houfes") :-
0 gin—It is well known to all my enemies, every thing in your
power for yeas pat, has been done to harafs me. Your antipa-
thy to me originated In my not employing you as a profcikoal
man when I commenced barters in typ3, and front my Orin
to the exorbitant charges you made to my Mule when the :che-
quer Loan was granted. You then were and Rill continue to be
Solicitor to the Board of Commiffioners for that Loan to the nacr-
chants trading to Grenada and St. Vincent's, and your fuppofed in-
fluence induced the unfortunate applicants to give way to your in-
foleoce and extravagant demands. I, among alters, wu obliged
to &bait to this with tandem. The tyranny and vexation to
which you have been the means of fubjugating me, at that board,
are beyond conception ; and fo inveterate is your rancour what
me, that all my enemies fly to you for the moment, in preference
to their own men of Winds, what they have any object to liti-
gate with me."
The SoLictecnt Gametal, was fenfible that the
Jury were acquainted with the Cemmiffion referred
to in the letter juft read. Of that loan, authorifed
by Ads of Parliament, 250,0001. was the fum ad.
vaned to the houfe of the Defendant, which was to
be repaid by inflalments, sth July, 1797 ; ad Oao.
ber 1797, and in Augna of the following year. Sub-
fequelt to the firft Ratute, four Ads were paffed, en-
larging the time of the Loan to the borrowers.—
The Defendant feparated from his other partners,
and of this loan of 250,0001. the fum of 50,0001. was
affigned exclufively as his !hare. He did not make
good one of his indalments, and the Plaintiff wits
ordered to proceed againd him. This gentleman,
on that occafion, exercifed a degree of lenity which'
it was difficult to ezeufe, indeed of pradifing the fe-
verity that bad been attributed to him in this calum-
nious publication. The learned Connie!, after Rat-
ing the delicate and difficult fituation of the Plain-
tiff,as a public officer under the Commiffioners, three
leveret times denominated this Defendant "a mar
a,mS, makedeae, and black-blooded libeller."

A great number of witneffea were called to repel
the charges in the letter, among whom were—
Lord Binning (who fat with the Chief Juaice on
the Bench.) He depofed to the humane condua of
the Plaintiff, in his profeffional duties under the
CommifEoners, and that he never obtruded his opi-
nion unlefs it was required.
Mr. Ebenezer Maitland depofed to the fame effed.
Mr. Simeon was prevented attending by the frac-
ture of his leg.
Two Millers in Chancery were prefent, to depofe
to the chat ges of the Plaintiff, which were Rated to
be exorbitant, but their affiflance was not required.
Mr. Lowten being defired by Mr. Easels& to give
his teaimony as to that particular, he depofed to the
reafonablenefs of the charges t as did alto Mr. White,
Solicitor to the Treafury, and others.
Lord assasoaouou remarked on the interroga-
tories to Mr. Lowten, that the officers on duty in
Court ought nut to be expeded to give evidence, un-
lefs in tome extraordinary elites.
After a long addrefs from Mr. JIIICYLL for the
Defendant, feveral witneffes were called to fubaan-
date the allegations in the letter.
The SOLICITOR GSNIR•LI in repl, commented
much in detail on the tetlimony for the Defendant.
The damages, he laid, were only laid at wool. he,
it was true, advifed the Plaintiff to demand 60001.
but his client, in the true fpirit of honourable fenti-
, runt, had Paid, he would rather Rate his claim at
toool. and obtain the whole he raked from the Jury,
than require 0,0001. and receive nine from the verdid.
Lord ELLENHOR.O4IGH fummed up the evidence,
and Paid, the defence was yet a lefts unqualified libel
than the letter on which the adion was founded, and
after a few minutes deliberation, the Jury gave their
verdid, damages wool.

COURT OF COMMON PLEAS, JULY SCR
BIRCH B. JOIRPH.

This was an anion brought to recover 7631. the
amount of a Bill** Exchange, drawn by a Mr.
Macs, in favour of the Plaintiff, and accepted by the
Defendant.

Serjeant Btsr Rated the cafe on the part of the
Plaintiff, and obfervsd, that as it was a f;mple anion
againft the acceptor of a bill of exchange, he bad no-
thins more to do on his part than to prove the hand.
writing of the Defendant, and then he was convinced
there mutt be an end of the caufe ; though he mutt
acknowledge. if the Jury were to confider the impor-
tant looks of his Learned Brothers at the opp, fite
fide, as evi-lcnce, the Defendant might be Paid to
have the belt of the cafe ; but as this was not gene-
rally allowed, he did not conceive he was alerting
:too much, when he raid it was impofiible but the
verdiet mutt be his.

The hand writing of the Defendant to the bill in
queltion was then proved, alfo a letter of his to the
Plaintiff's Attornics, in which he fisted be was de-
fired not to pay it, bat did not abfolutely fay it was
a forgery.
Serjeant Sri minis, on the pert Of the Defendant,
then addrelred the !Jury, and Paid, however confi-
dent his Learned Brother at the oppofite fide might

l

hd Of obtaibinge 'Octant in this
eante, ire *is tn*:
viOced he mull be difappointed, as he would in able
to prove, by feveral of the molt refneetable men in
the City, men who had dealings with the Defendant
to a very great amount, in the cotirte of the year;
that Mr. J-afeph's name on this bill, as an accept-
ance, was not his hand writing. nor any thing like it.
dr. Wiggan, a goldfmith in Cheapfide, denoted.
that he had for a confiderable time back abed is
banker to the Defendant, and that he generally paid
away alrint 30,0001. in the condi of the year for
him. The bill was then produced to bim, and he
rigid be was convinced the Defendant's name was a
forgery. On crofs-examination, he acknowledged its
the fairett manner, that fame of the characters were
like the Defendant's ; but they all appeared andied,
and a much Sifter, crainper hand than Mr. Joreph
generally wrote.
Several other witneftes were called, who all denot-
ed, that it was not the hand writing of the Defen-
dant, nor any thing like it. A number of letters of
the Defendant's were then produced, with the con-
tent of both parties, by Mr. Wiggins.
The Defendant's cafe being claTed-wi
Serjeant &sr replied, in the courfe of whitli he
raid he was ready to acknowledge that Mr. Wiggan
had Paid, that the writing of this name was ftudiedo
and he thought it very eafy for a man, when ac-
cepting a bill, to Itiffen his hand a little, tar the
purnote of afterwards (cling up a defence, that it
was a forgery t and getting refpeiftable men, who
are acquainted with his general mode of writing, to
come forward and Rate what they really think,
namely, that it is not exactly fimilar to what be nap
ally writes.

Sir JAMES MANSFIELD obferved on the evidence ;
and the Jury, after examining and comparing the
different bills and letters produced, pronounced a
verditi for the Plaintiff—a fet of being allowed, da-
mages 4621.

SOLLIVIS 4. VIPAIMIAII.
The Plaintiff, a foreign merchant, refiding its as
City, brought an aSion againll the proprietor of a
Ilage waggon at Litchfield, to recover to4l. the va-
lue of two trunks, which mifcarried in the convey.
ance to London. The trunks belonged to general
Logics, a French officer of diflinflion, who came to
England as a prifoner of war ; they contained French
military uniforms of the moll fuperb defcription, or-
namented with abundance of gold lace. which, with
a capital double barrelled gun, were valued at the
above fum. When the trunks were left at the De-
fendant's warehoufe, the necefrary elpence was paid
for booking, and they were dirated to the Plaintiff id
London, but, by tome accident, did not arrive at
the place of deflination. After the fa6ts of the cafe
had been proved. Sir JANIS MAN, ILD was of opi-
nion the aElion fho❑ld have been brought in the llama
of Logies, and that Selliers. to whom the property
was confined, had not fufficient claim to it to luflain
the aflion. The Plaintiff was therefore noofuited.

JULY 22.
FAUL22III AND OTHS2II, ASSIGNLES, 9. DANI 24.
This was an action brought by the Plaintiffs, as
Affignses of Somnets, Riffon, and Co. to recover
12241 the amount of two bills obtained by the De.
fendant from the Bankrupts, fubfequent to their com-
mitting an ait of bankruptcy.
Mr. Leo, who had formerly been a clerk ih the
Bankrupt's houfe, proved the hand-writing of Ric
fon, in a letter written from Pofen, in Welt Prnilia,
in which be Rated the neceffity there was for his •
Ropping payment. The witnefs further Rated, that
he had been desired by the Defendant to make rate.
rations in the bankrupt's books, which be according.
ly did, conceiving it would be for the benefit of his
principals.
Mr. Cartwright raid he was a creditor, but had
figned a releale. He was preterit at a meeting of
the bankrupt's creditors, in January 18oa ; the De-
fendant was then prefent ; and, in his opinion, gave
the creditors to underßand, that he had as much Ia
his hand:, of the bankrupt's property, as would- pay
them five !linings in the pound, and he then pros
duced an account, from which it apptared, that Ise
had two bills, one for 8001. and another for 4241.
drawn on Blair, Boyce, and Co. and not then due,
Serjeant BUST, on the part of the Defendant. then
took two objections; firit, that the aft of bankruptcy
of Somnets and Riffon was not then proved ; and,
fecondly, that there had been no proof of who the
perfons were, who, in January, 18oz. were partners
in the houfe of Blair, Boyce, and Co.
Several witneffes were then called on the part of
the Plaintiff, to do away there objections, bin they
all &dal in the proof of the firft ; and one of the
witneffes Rated, that a Mr. Parkins was a partner in
the houfe at that time ; but it appearing on the face
of the bills, that they were figned by Mr. Parkins,
P. P. (or pet Procurator). frit. Blair, Boyce, and
Co., the Plaintiffs were nonfuited, as this was a dire t
proof that Parkins was not a partner.

PAGE V. THOMPSON.

This was an aeion brought again(! the Defendant,
as one of the underwriters, on a policy of infurance,
for the fhip called the John Edward, to recover par-
ticular average, for the lots of corn, damaged by the
vet Tel handing in her voyage from Ancram, on the
river Oder, td London.

It appeared, from the proteit of the Captain,
which was by content allowed to be read as evi-
dence, that the (hip left the port of Stettin, which is
higher up on the river Oder, having firlt taken in
part of her cargo, in the beginning of September
Taft, and on the 16th arrived at Ancram, where the
took in the reft of her cargo,•and proceeded to-
wards England, on the day following. In the month
of November, the arrived on the coaft or England,
and experienced very bad weather off Sheernefs.—
The vefiel ran aground on the Not th rand hank, and
remained there fur rix or feven lionrs' in the greategreater?danger of being broken to pieces, by beating againft
the land. At length, by the exertions of the crew,
and fume atliltance they received, the veifel was again
gut afloat; but loon after, again ran aground, hay-
mg the firit time unthipped hex rudder. She was at
length fer to rights, and a fhort time after made the
pert of London ; but, on breaking bulk, it was
found that her cargo was quite wet all through. The
general average for the damage of the Chip had been
paid by the underwriters; but it was agreed, that it
thould be referred to a Jury, whether they ought to
pay the particular average fur the lofs of the cargo.
The Jury being fatisfied, as to the fad
fel's being (blinded, gave a verdiet for
the average lofs to be fettled by one of

Fad of theief-
r the Plaintiff,
the Jury.