Star.
London, England, 1801-12-07 00:00:00

COURT OF KING" BENCH, DECEMBER s.

SIR JANIS WALLACR b. SUL RICIIARD
The panics are both Admirals, and this allion
was brought to afcertain the right to certain priaa
money. About the beginning of February 1795,
Sir James Wallace returned from the Newfound-
land Ration on board the Monarch, of 74 guns,
land by order of the Lords Commiffioners of the
Admiralty, took his fhip into Plymouth. Upon
coming to London he was told that the Monarch
was immediately to be fent out on foreign fervice,
but that he was to (hilt his flag into the Romney,
then lying in Plymouth harbour. He remained
in town, but on the 17th he himfelf, his fecretary
and retinue, were difcharged from the Monarch's
books, and entered into the Romney's. The Dc
fendant was then Port Admiral of Plymouth, and
on the 2at received orders from Government to
detain all (hips belonging to the Severs Untied Pro-
vince:, to be found within the limits of his jurifdic-
tion. Several, in confequence, were feized, and
afterwards condemned in the Court of Admiralty
as good prize. The Plaintiff demanded a (hare
of the proceeds, to which the Defendant maintain.
ed that under thefe circumtiances he was not en-
titled. _ _

Two queftions arofe: ift, In the eye of the
law, had Sir James Wallace, on the sift of Fe-
bruary. :795, a flag flying in the port of Ply-
mouth ? ad, Could he be Paid to be aiding and
&Ening to the capture ?
Mr.-Easisass, for the Plaintiff, with great inge-
nuity, maintained the affirmative of both. He
Paid, that the firft did not depend upon whether a
fubflaatial tangible flag, red, blue, or flriped, was
flying in the Romney, or had ever been elevated ?
from the moment be was entered as Admiral on
the books, by command of the Admiralty, he was
virtually a flag officer on the (talon where the fhip
lay. He allowed that the King's Proclamation
required that the Admiral fhould have been in.
ftrumental to the capture, but contended that the
phrafe was to be explained by ufage, and men.
tioned feveral *alliances where the coniruttion put
upon it fupported the claim of his client. When
Lord St. Vincent was at Bath, while he held the
Commiffion of Commander in Chief in the Me-
diterranean, feveral fhips were taken, and he re.
gularly had his (bare of the prize-money, and not
only Lord St. Vincent himfelf, who was evidently
intitled, from having detached the fquadron, hut
ail the flag Officers in his fleet shared in the prize-
money of Aboukir, although they were feveral
hundred miles diftant from the fcene of that glo. .
rious attion, and had no intimation of the °Notts
Lord Nelfon had in view.
The ATTORNEY GBNIRAL on the part of the
Defendant, began to addrefs the jury. by raying.
That Mit fS his ears deceived him, his Learned
Friend, Mr. Eas KIN a, promifed to prove fomething
refpetting the cuftom of the Navy, and he ha
made a great parade of the pretence • of molt re,
fpeCtable, and noble, and ;Hilarious, and other
il-
luftrious, though not noble, Officers, by which be
thought that the conftruCtion he had put on the
Royal Proclamation, by which Sir James Wallace
was entitled to a thare of the Prizes of the Dutch
Veffels taken at Plymouth ; not one of them had he
ventured to call, although he was furrounded by
them. The reafon was obvious. There was not
a man on board a (hip, that knew any thing upon
this fubjelt, who entertained a doubt."
Lord KINYON." I fhould like to have this
cafe better confidered than I pretend to be able to
confider it ; but I can only go on the words of the
Proclamation. It (late. here, Flag Officers, or
Admirals, being aftually on board." /Woolly on
board the Plaintiff was not. I cannot receive any
prefumption or conftruittion againft the obvious
meaning of foch words, a ACtually on board." or
by alting, directing, or affifting in the Capture."
What evidence have we that Sir James Wallace
was either aenally on board, or titling. or dime.
Ling, or affifting in the Capture? If I am not right
in the opinion of the noble Admiral I fee in Court.
I am lorry for it, but I malt go by my own light,
as well as I am able, in a cafe, on which, I rofefs
to have no more knowledge than any other indivi-
dual has, who *underftands the Grammar of a plain
Engliffi fentenee lam therefore happy to think
that if I am wrong, my error may be corretted.—
I am going neon nothing but the plain and indeed
obvious meaning of the wards a being altnally on
board, or aCtually directing or affiffing in the Cap.
ture." Ido not know whether I fbould have been
of opinion againß the Claim of this gallant Of-
ficer, if the queltion had been, whether it was ne-
cefary his Flag fhould have been on board, in
order to conftitute him a Flag Officer ? A Ilag
may be (hot off, and yet the Commander of the
Ship remains a Flag Officer. The Plaintiff in this
Aition. undoubted* an Officer of great merit.
was not in a condition which the . Proclamation
defcribes—he was not on board—lie could not be
fo, for he had no übiquity, and as he was in London
at this time, he could not be at Plymouth, nor was
he direiting or shifting in the Capture of thefe
Vcffels. and therefore, by this Proclamation, as I
underftand it, he is excluded from any (hare
thefe Prizes. I therefore think the Plaintiff thole..?
be uonfuited.—Plaisuiff Noduited.

OLD BAIL";

On Saturday 13 pritbners were tried, nine of
whom were convieed of felony, viz.—
joie Liwise for (haling 1000 bricks, the pro-
perty of William Hohfon, of Kineland Road.
'Sawa Kerr, for dealing a quantity of liver
filings, the property of Daniel Pcmtifex, was'found
Gei*, as was Sarah Weed, for (healing ill Giver.
hafted knives and forks, the property of Francis
Peniean.' •
gels Mite/ ad, s Waterman. was tried fer Real.
ing a boat the property of his Majefty, and of the
Coati:Affiances of the Cufforns; and sertiord.
jelet Whkehraiwks tried on another indiftment,
for flimsiest!y fielding from a lighter, cia the na-
vigable River Thames, a quantity of hemp, the
rgy of William Nubbin.
evidence of the officers of the Thames Po.
lice proved, that in the execution of their duty at
two aVogt. in the morning of the ! 7th day of
November left; they met with the prikmer On the
liVer il a W.: boat I there was another man with
Pita ibe d theni, and Acc if theyWapld
dame Oaf heard ? they declined, as they. did not
Wittig; any thing in the boat. Ahout *three
io'clech the
.fittne morning they again perceived
of
lint and his coispaniop takiagfome hemp Oat
a lighter lying at Down's Key and petting it in.
to a lit trial alotteide ; as foon as Whitehead
perceived them, he Paid •' Here's the' Police," and
Vogl avd is companion ran neer the oata, got
adhere, and though purfued efcapect fort hat time.
Mr. Cove*, theTebee Surveyor, and his men,
tben wept on board the boat, where they found
a mat, containing about ferenty pounds of hemp,
-which they took' with then to the Office ; the
King's boat .was lying on the outfide of the
Zbier road I •fily feized that aro, with two pail.
feullh and a bteithook '
they found in it. 70n
Heft Marnigitibiteheadt 'who is well known
to Police 0115eets, bearing that Me. Girfaiorehad
got .a wievartt agaitift hhn, fent Mr. lihaes, bit
olteifor, to the Office, to fay he would Curren.
der hirafelf, which he did, and gnu committed
by tbeTbenics Police Maftrates for trial. "
rt
Mr. Hubbe's clerk proved the property of the
jump, as fli4 Mr, I..ttcas, the mafter.lighterman.
Lord i'sxyanilv (tato! the law orthe cafe to
the jury; tilletakigt froiss-the.lighter, and the put-
eht; of theit mp nee the boat rendered the pri
. toner liable,alibotagl he hAd not agolutely carried
it away, The fats he left entirely to their own
)efitmcni--04ilit
Lofrerd,Aw cif me* mere inated
for flmtling a 411,4 T ..,!cb, a. gown, and apron',
the properti.of Wfiliain Buffty, on the lilt "Cif
November. • .
' The Profecotor fail, he left his lodgings, in the,
neighlooprhoed tif Drury-lane, op the morning ri •
tilt der laid in the iridiAteeots and that fft6rt4
Oahe was told his room was broke 'Mien in his
alafence. . Cin his return he found it to he fist and,
that the aINYC articles had been taken away
The riConsrs being called mi for their defence,
Murphy Aid rho tort the prifoner Ward in*The
et, tints p4mtlipd the watch at her rogue& . This
Other priffiner, Ward; confinried this (Lament,
spiii declared tbsi isipoceitee or Murphy, but Paid
amthing in het. ire defence.--Tbe Jury acquitted
Murphy, Vitriptfnd Lucy Ward Guily.
I,ord Atiouloty faid,'the offence, at laid in the.
Witter:at amounted only to Pimple larceny
Yeats Wiwi was hadifted for robbing his ready-
fureilbed todng of two blankets, two (liege, he.
. -----, Brevrfter, the Profecutor, raid, fie kept the
Old Bell publiibouce• in Weilatiniter. Op the
jib of November,,,the &ironer carne and fatd he
Wanted a lodging k he slept thee that night, anti
the neat moTtutig teak a room at as. per week.
Next day be borrowed a pen and ink, and went up
Aairs, beti ma' Quarter of an hour after, the fair-
%eel's of he boat found the room (tripped of the
Wicsk! laipptiarittip the iitdiftrnent. The rife.
per had abfeop .leaving.the key in the door..
4 folditr, who Ord in the honk, met him
sheet ten 'days after, and took him into cufiody.
r—He was found
Gibs.
• Nix ANeaerpi„ for ilealing 39165. of beef, the
property of W. Sanjurd ; Yamet Nixon, for (teal-
hig-)olbs. of fpertoffeti, the property of C. En-
derby and Cite! and Margaret traOlt, for (healing
three linen ts, and other articles, the property
of T. Tidd, , 2
414t6 Prava. lias FrogrA, was charged with
a mei offence,
burglarioully entering the
May
houfe, of oftah Powell on the nth of
y
May lait, and fie in therein three filver table
Arens and ether articles, together with a quantity
Of wcaring apPartli his property, and alfo feveral
ticks of the laft usenthmed kind of property, be-
ing to Margaret Harris.
LI .
' he Pauses-, it appeared, had fame time before
the affair happened, fired as fervant with the Pro.
fecutor.,-Abo.ul fix o'clock ii the wonting of the
loth pf May, ill LOtireqUFnCC. Or inure infw-rnation
he received froteMargarl tiarrit, his then so:tid-
ies taut, he went Clown an exanlitted thehoufe, he
went 'into the yard, and there eihr ryed, that the
lead•light was taken out of the cellar rindOw, and
two fault ironlsats which had been placed acrofs
had been wrenched : there, the Prorecutor Rated,
left an opening. through which a inidfe fixed per-
cae could tardy get into the huge.' He was poll.
tive, ariat every thing had been right the over.
Sl;gl3t, as it was hisses:Li-Al cu:lom to exarnine the
doors, aic. of the hustle every night befhre going
to bcd; Alfurthcr examination, the articles laid in
the Indiament were milled. in a (eon time, the
ftifpicions of Mr. Powell fel; nplat the Prifoner,
who had quitted his fervice aly,ut a year, and a
(earth wavi Ant was obtained. On fearching, what
%vs:ie. attested to be the PriConer's lodgings, (no.
direa le;.11 evidence appearing:llra they werefo) a
(null part f,! the w em irg-app:41::1 wes.fcund.
the
The i',ii'inier, who f:eir.rd tc be long nnsler
p-on rc of ditirtfs,being calk dn u for tier defence,.
appeared much afeacd, and with a profittinn of
tear Acknowli. aged, fhe ‘. kt,...,...• iii,t what to fay."
—No wi:nc6s apps teed ;r, Ler uchalf.
The R tcospi a, in Ili,. murk c.f his charge to
the 'Jury, ot4rved—They could c.ifily fntithe
sfy
'Lei: minds by putting the carital part of

charge againa the Partner (as the'whole value of
the artiefes flolen was lets than 405.), namely, that
of the burglary, out of the queffion, as no proof
whatever obtained of the entry having taken place
iu the night-time. With refpea to the queflion of
(feeling. there was nothing adequately proved
againtt the Prifoner, but the poleffion of the flyer
fpoons, which the bad pawned. It was a principle
in the law, that when (toles property was found on
a perfon within a reafonable di(lance of tittle, and
the party not giving a reafonable account thereof,
it was prefumpttve evidence that fuch perfon had
Aolen them : how far this maxim would apply
in the prefent cafe, the Jury would judge from a
icrutiny ut the evidence ; they would confider that,
though the houfe was certainly broke open, there
was no proof that the Prifoner had been near the
fpot, nor was there any thing againft her but the
rooms. With refpea to the probability of the
Prifoner having received them, a conviaion could
not take place under the prefent Indiament.
The Jury, after a Mort conference, pronounced
the Prifoner— Nat Gai4y.
The RECORDER adinonifbed the Prifoner as to
her future condua—adverted to her recent efcape.
and added, that he was fatisfied flue had made
fome very 'bad conneaions, Whom, if the did not
take very great care, the would, ntoß probably.
follow to the gallows.
joio liesevis was tried for obllrnaittg and aqui-
ting William Saunders and Thomas Mmes.., two
Officers of Excite, at Horning-Fleet, in Suffolk,
in the execution of their duty. as Revenue Officers,
then in the aa of fciaing and fficuriag a quantity
of run goods.
Mr. 'lis mo° attended as Connie' for the
Crown, and Opened the cafe with his anal candour.
Wm. Saunders faid, that on the night of the
tith of.Septeynber lag, he with the fupervifor and
his partner Sheise, went to St. Olavei Bridge from
Yarmonth, in liorfolk, on an information. Ahout
one in the morning, two carts came up to the
bridge, one drawn bt two harks, and containing
so tubs of gin : the other cart contained toln of
gin alto. He laid his hand on the tart, and (:aid,
—" I Mae this cart and horfee, with .the liquor
in it for the ufe of the King and oorfelres." /ow
Wiediatefy Bentlead, one of the fix men who were
efcorting the carts, came behind him and ent him
very feverely on the back of his head. HE then
drew his catlaffi (truck at Benflead, and beat him
down ; a fecond man then came up. who he alit
(truck down, when the• prifoner Hawke approach-
ed him with a flick in his hand, who be alto aruck
at and wounded with his hanger.
The ftaugglers then defined rpm ;ay farther
oppofition, and the Officers took polfeSon of.the
carts. The hornet's they found fo cut. that It was
with extreme difficulty they could get one 'cart to
Yarmouth, the other they were obliged to leave
behind to the fmugglers. 1
Mr. &mare and the Supervifor corroborated this
Bateman in rya"' particular.
Indefenceit was tubmitted by the Counfel for the
friffirter, that he being a perfon hired only to drive
the can, WAS not a party to any obaruaron or al
fault on the Officers his coming up could only
be confirued as itiriofity, for he did not at all ap-
pear to havi aaed with any violence.
Lord A &Aran 1. tr. in Cumming up. wifficd it to
he Moil clearly uoderßoosi, that the law had made
cffeaual provifiou to puni(h fuch perfons as the
Prifoner if the Jury (hould find him guilty ; for it
was a clear principle, and could not be too lirongly
made known to the public—that if fix, or any
number of
.perfons go out wide intent to do or
commit, or in purfeance of an unlawful aa, and
ern!Etrder,ilhould enfue. they will all be rcfpon-
fible for tip crime committed, though one only
fhould do the ita. His Lordffiip then explained
the nature of the offence, and how far the telli-
mony cif the witneffes bore upon the Prifoner at
the bar. The Jury acquitted the Prifoner.

CLEAKENWELL SESSION!. •
Swtavt.en.—On Saturday IA was tried at the
Sefitonsloufe, Clerkenwell, Thomas Ogle, other.
wife Sorteg Pullen, otberwife William Smith,
otherwile Thomas Robinthn, otberwife Captain
Johnfon. otherwife Charles Bathlord, otherwife
I:teuunant Puller, °diet-wife William
.liattr,
uotAlious Swindlers who has been for levet-al years
defrauding allAiefcriptions of perfons, by allinntog
different ara4ers, going by various names, and
as
tieing a great tu.sny artful pretences.
He was tried upon two charges : in the HI
charge it appeared be had gone to the hank of Mr.
King, at the lllackfmithrs Arms, Lower Ball.
which is a houfe of refort for Capuins
and ?Idlers of Veffels ; he pretended he was a
Captain johnfon, of theHannibalWell-Indiaman.
jua arrivg,d from Jamaica ; that his fhip was at
Limehoufe.hole, and he was going to fetch her
up to King.Jamesis.flairs. After (Peeping at the
boufc one night, the next morning he applied to
the Landlord to advance him 51. which he Laid he
wanted to pay his feamen, and buy fonts frefh pro-
viiions, as he was going on board. This Turn Mr.
King lent him ; he came at night and Sept again
at the houfc, and told the landlord he had been
and brought the (hip up to King James's-(lairs,
and was very much fatigued, as he was obliged
Ito do it himfelf for the plot was drunk. He de-
-1 fired to have fume water gruel, and then went to
bcd. Thc next day he (aid his father, wlto was
owner with him of thc ve (fel, was coming to town,
,and def;red a led might be well aired for him, as
the old gentleman was not in very good health,
and that every care might be taken of him. He
thsn fytid he seas going to the Cuttorn.honfe, to en-
ter his veal, and wanted more money, upon
which the laodlord advanced kim Joh more ; and
he defired when the cart came with his trunks,
that titcy be taken particular care of.—
lie tl.rn went out to go to the Cutinm-houfe,•but
retained to Mrs. King, in the abfence of her huthand,
and obtained el. more from her, as he laid be h td
not enough to p'y for entering the velfel. He then
went to the Callom.linufe again, as he pretended,
and returned,fitying, the thieves at the office would
have fol. more, or his vcfrel would be detained
fortAll:.bt before he could unlade her ; upon this
the landlord advanced him another tot lie then
otalered his dinner and wine, and inquird of the

,landlord bow he ton,ld oet foge.e fw t into
Yorkfhire as he Wad brt light over fix fine live
own, and if be could dicks one at his hou4 on the
Friday following, as he intended to have a party
of Captains of AIDS to dine with biro, about a do-
zen in number, which the landlord agreed to do :
the prifoner alfo agreed to le: him have two pieces
of particular fine old rum, which lie laid he hod
brought from Jamaica. The prifoner went out
after dinner, laying h e was going to fpend the at'.
terpoon with a Captain on board his ihip, in the
fame tier as his lay, and if he was not at home by
ten o'clock not to fit up for him- Mr. King did
not fie him again till be law him in cuflo.ly a few
days after at the office in Bow.fireet, where he
bad been apprehended on another charge of a
fimilar astute; at this time he had hfr. King's
notes in his polieffion, hut which he refilled to re-
fit:ire him. It turned out that the prifoner, intle.td
of beiag a Captain of a Weft-Incliaroan, had lately
been .lifcharged from the " F,ultry-Compter, un-
der the Infolvent Aft. He had formerly been a
gentleman's Cervant, but for the lall fc.ven or ten
years be bad,lived by ftrindling only, which he bad
pra&ifed to an enormous extent ; and when taken
the office in Bow•ftreet, it is fuppored thcre
were at lull a hundred perlims to make charges i
agaiaft him
The prifoner was very ably defended by the I
Common fterjeant and Mr. ALLEY, who took an
objeaion that the offence was not within the At
of Parliament, as it appeared the prifoner had oh-
tained Bunk Notes only, and the Aft of Parlia;
meat only eepreffes It money, goods, wares, and
' merebandites," and tbat Bank Notes were not
within the meaning or either of thefe words; upon
this objeaion the prifoner was acquitted. (So to; A
fjir gbefeevrityof ad* is ofiwej c#ll4l ripe mossr.)
lie wait ies tried upon a feeolul indiattunt, in
which it appeared be had defrauded Mr. Wrang-
h am, a Bationer, in Bond-ftreet, of three valuable
pocket-40•k,, under pretence of living fervent
with Mr. Wentworth, who was then at Fladong's
Hotel, and wanted force pocket books to look at,
in confequence of which Mr. Wrangharo la him
have the books, but taw no mor: of him tilt he
was apprehended at Bow-greet ; upon this chat ge
he was conviaed, and fentenced to be tranfikorted
for (even years.