Star.
London, England, 1805-07-26 00:00:00

FOR THE STAR.

In the days of my Youth, when Reafon's fweet billow
Sc wee fwell'd on the (treats of refieetion and thought,
I (prang, with :he ficy-lark. readied, from my pillow,
Nor heeded life's ills, vihilit my pleafures I fought.
But loon to my book, with a heart palpitating,
The frown of authority bade me attend;
I thought it was hard—yes, fore it was grating,
To fee my dear (porta with my liberty end.
Yet fontrthing loon rote, oh ! 'twas reading's tweet pledbre,
Tc calm, to content, to enlighten my mind,
And wond'ring I fmird, as I con'd o'er the trcafure,
Of Fables, of Tales, or the Bible refin'd.
Yes, I biers the dear day when my follies forfaking,
The Friend of my childhood eonfign'd me to fehool,
For fomething like fcience my foul was awaiting,'
And told me the head o'er the heart ought rile.
Then the lore of the Ancients inereas'd the fenfationa
Which throb'd in my boam, as reafon arofe,
Whilft Poefy, fmlling, hcld out her temptations,
And iur'd me to pluck from her bloffoms a role.
Ah ! the rote was molt tweet, and much I lov'd dearly
To tune my wild lyre in Seclufiores lone 4;11,
And oft as the beauties of nature would cheer me,
Enchanted, my tong full of ;walla I'd (well.
But Tooth, from the fmiles of dear Nature a roving,
My heart to the luring, of Beauty loon fled,
And shortly I found that the rogue was a loving,
And rul'd, yes, for once, he ntrd over. my bead.
My Brains were then ad, and I Tung fo fineerdy,
That beauty relented, and blefed me awhile,
But truly I paid for the bleffing molt dearly,
As Ihortly I found that e'en beauty had guile.
So I turn'd quite difgulted from palfion's wild billow,
Nor felt that my lot was a loft fo nneofnmtan,
Since limply 'twas prued, as I bound en the willow,
I thought her an angel, but found her.—a memos.
Oh yes, when the calmnas of reafon fucceeded,
And painted the follies affeaion conceard,
blea'd the dear day when the (Ala one receded,
And all the allurements of cunning mveard.
'fins tranquil I fmil'd, and now often a Braying,
Midit Solitude's walks, I refledi on mankind,
my fancy is fornetimes pourtraying
The changes and chances that round us will win&
Now lifted by pleafure, now borne down by furrow,
In the care of ourfelves 'tie we only agree...
So thus, like the reft, will I think of to-morrow,
And care for the world, as the world cares for me.

LAIF INTELLIGENCE.

O. M. 4

COURT'OF KING'S BENCH, JULY 24.
111.11C1C8UIN V. MAIM

Mr. ERSKINE dated that this was an atlion on a
Policy of Infurance, underwritten by the Defendant
to the extent of tool. on the Lord Nelfon, an armed
veirel taken into the fervice of Government for the
protehion of our trade. It was not a policy intuiting
the veffel from one port to another, fpecially defcrib-
ed, but a general infurance againft capture and every
silk whatever in all ports, harbours, and places what-
ever and wherefoever, from the 18th November 1804,
to the 18th November tliog, both days inelnfive. It
would be (hewn that in the month of February lan,
the velrel in quellion, in coming out of the Mother
bank, and before the reached the place of her delli-
nation, was overtaken by a fevere gale which render-
ed it neeeffary for her to make for the harbour of
Dartmouth. After The had entered the harbour, by
the aniflance of tome filhermen, and jun as the came
into what are called the Narrows, where there is
franc high land, the was baffled by the wind, loft her
way, came on the rocks, and went down. To recover
the amount of the policy and alto the expences incur-
red in endeavouring, at the requeft of the Underwri-
s themfclves, to get her up, the prefent atlion was
brought.
The Captain of the vefrel, and a perfon on board
at the time the misfortune happened, proved the nate-
:l-tent of the Learned Counfel—that there were forty
men on board, and that it was the general opinion,
both of the Captain and Crew, that it would have
been dangerous to keep the tea—that every exertion
to preferve the fhip had been made—and that it was
foiely to the feverity of the gale, and not to any fault
of thole on board, that the rots of the trail was to be
atti ibuted. On the crofs•examination of the Captain,
he was a(ked, if he had not been tried by a Court
Martial; and been declared incapable of again com-
manding an armed ?—To this Mr. Easictaa ob-
Jeeted, as not being capable of proof by parole tef-
timony.
The SOLICITOR GENERAL, on the part of the De-
fendant, hated that his Clients had a molt fubftantial
defence, were they in a condition to prove it legally.
The pearl's entru fled with the management of the
veffel in querlion, had been call by the fentenee of a
Court Martial, for having exhibited the green mif-
condud, in chilling unneceffarily in a dark night, to
go into the Harbour of Dartmouth ; and for this he
had been declared incapable of ever again command.
ing an armed veffel. He knew that, from cettain'
ci~cumllaucer, he was not able to produce legal proof
of the fad. On this account he was obliged to make
a defence, which he &mid net otherwife have made;
namely, That the Plaintiff was not legally the owner
of the (hip in queftioni IPe knew that his Learned
PI lend on the other fide, would produce a Regitler
de cove in London. This, however, would not do,
unlefs he could Phew that the property had been taken
nut of the hands of the Owrets at Dover. This
could only be done by a Bill of Sale, or Indorfement
on the Original Regiffer.
A perfon from the Cullom Route at Dover was I
examined, who produced the duplicate of the reeler
of the (hip Lord Nelfon, on the 25th of Anglin tBoa,
(landing in the 'lmes of Francis Finmore, Nicholas
Lad Stanicher, James Peter Fecler, and fome others,
without any indorfement on it.
The SoLICITOR GIiNfRAL then (aid, the Defendant
had-given notice w the Plaintiff to produce his Bill of
Sale.
Mr. amiss faid it had gone to the bottom with
the (hip.
A Gentleman from the Cullom Houle in London
then produced a regiffer de Rove, of the retie), in favour
of the klitintiff. He alb produced the Duplicate of

.

the original Reeler •t Dover. The ltegiller de nob%
however, it was obferved, did not recite any Bill of
Sale, and the original Regißer had no indorfement
in favour of the Plaintiff.

Mr. ERSXINE maintained, and examined the wit-
nets to the effeet of (hewing that no Regiflers de novo
were granted by the Commillioners of the Cattoms,
but on prodation of a bill of &le or other fatisfac-
tory document to inffrat a transfer for the property.;
and on which the original Regilter was (offered to
be cancelled.

Mr. PARKE for the Defendant, on the other hand,
contended that the want of an indorfement on the
original Regifter was a defeft fuch as rendered it im-
proper in the Commiffioners of the Cuftoms to grant
any new Regifter, and that no Regifter granted in
fuch circumilances was good in law. Thts cafe had
not only been determined by his Lordlhip but by the
Court, particularly in the cafe of Mofs and Mills.
Mr. ERSKINS allied that a cafe might be refereed ?
Lord ELLENBOROUGH did not fee how he could re-
fcrve a cafe, the point having been fo recently deter-
mined in the molt folemn manner. The Defendant
had been driven to this plea by neceffity, and the cafe
might afterwards be tried on his merits.
The Plaintiff was accordingly nonfuited.
HUNTER 4. POTTS.

This was an aCtion on a policy on the (hip Wil-
liam, Captain Hunt, infured at eighteen guineas,
rom Honduras to England.
The Social-rot GENERAL laid, he believed the
only et:jet:Hon to recovery on this policy, would be a
fuppofed deficiency in the number of the crew. The
Chip William had eight perfons on board, whom he
would trove to be perfeilly competent to her naviga-
tion. She had performed the molt difficult part of
her voyage in the Gulph of Florida, after which the
was captured by a Span& felucca, with three guns,
z 7 men, and too nand of arms.
Captain Hunt depofed, that the (hip failed on the
z7th of July from Honduras, with fix men and two
boys on board. Every exertion was made to in-
creafe the crew, but unfuecefsfully. She was at-
tacked at ten o'clock in the morning, and defended
herfelf until the was becalmed, two hours after.
wards, when the was boarded, and the Ship's com-
pany was overpowered ; but no cutlomary addition
to the crew would have enabled them to make an ef-
feCtual refillance. On his crofs examination by Mr.
Geattow, he laid, that the deficiency in the crew was
no advantage in fighting : if they had fifteen board-
ing pikes,ad fifteen blunderbuffes, they would !lave
been moraful in the hands of fifteen men than of
eight.
Lord ELLEWBOROUGH" The only qultlion in
the caufe feems to be, if they had a proper crew for
the general purpofes of navigation ; and if they had
not, the anion cannot be fupported."
Mr. Gaaaow, for the Defendant, obferved, that
the caufe for the Plaintiff was morecornpetently man-
ned by his four Learned Friends, than his veffel was'
in this extenfive voyage acrofs the Wefiern Ocean. It'
was true, that a fhip might arrive fafe inport, if pro-
vided only with half the regular number of men ; but
this increafed rifk was not within the contract on the
policy, and when it was infured, the Underwriters
were wholly exonerated.
Captains Dunn, Ludlam, and Adds, Paid the leaft
number of men required for a Ship of 260 tons bur-
then, like the William, was eleven men ; this was the
minimum to encounter the dangerous navigation of
the Gulf, and the expanded waters of the Atlantic.
Lord Ettansottouon." The true quetlion is,
if the [hip in quellion were fo equipped as was re-
quired under the contraB of the Underwriters ? The
veffel is not only to be fea-worthy in Tepee tot the
' hull and rigging, but the crew mull be adequate to
difcharge the ordinary duties, and to meet the ufual
dangers to which the is expofed. We are not to take
into the account the difficulties the Captain had to
encounter to increafe the hands on board. The doubt
is merely upon the faa, if he had, or had not, a
proper crew; or if fix men and two boys were fuffi-
cient fora fnow-rigged vela 0f'260 tons."
The Jury retired for Come time, after which a mef-
rage was received by his Lordthip, enquiring if the
Captain were included in the eight hands defcribed ;
to which an anfwer was fent in the affirmative —The
verdia was found for the Plaintiff, 1691.

COURT OF COMMON PLEAS, JULY 2S.
COOPER V. THORNTON.

This was an a'lion brought by the Plaintiff, an
eminent prosifion broker, to enforce the perform-
mance of a fpecial contraft, which the Defendant had
entered into.

It appeared, from the evidence on the part of the
Plaintiff, that rco tierces of Eaft India pork, and 150
barrel; of navy pork, had been fent over to him from
a Mr. Moor, a provifion merchant, in Ireland, for
the pinpofe of difpofing of it to the bell advantage.
Mr. Cooper, when the goods were on the wharf, had
fome of the calks opened, and examined feveral of
the pieces of pork, packed is them, which appeared,
externally, to be prime pork—but be did not either
cut it to fee-whether it were mealy, or try it, with
what is called in the trade, a tomer:tor, to afeertain
whether it were fweet. Shortly after this, the De-
fendant entered into a contra& to purchafe the pork,
and agreed to give 81. ss. for each of the tierces, and
51. 2s. 6d. for the barrels, conceiving it to be, as war-
ranted by the Plaintiff, merchantable, found pork.—
By the contrad, the Defendant had agreed to take
it from the wharf in fourteen days ; but, before that
time expired, he had the pork examined, and fent a
letter to the Plaintiff, Hating, shat it was meetly and
[linking, and not fit for any porpofe whatever ; and,
therefore, refuted to take it. In confeoence of this,
the Plaintiff brought his ailion who, though but
originally the broker of Mr. Moor, in Ireland, be-
came the principal, immediately after the contraa
with the Defendant was figned, as he then accepted
bills drawn on him by Mr. Moor, for the amount.
Serjcant B,ST Hated the cafe on the part of the
Defendant, and laid, he wondered the Plaintiff could
have the face to bring fo impudent an .Rion as this.
He had no hefitation in allowing, that the- contra&
had been entered into between the parties ; but he
thought the Jury, even at this time, were of opinion,
that the Plaintiff was the firth who was guilty of a
breach of it, by felling fuch [linking, rotten, mealy
pork, to his client ; and, at the fame time, telling
him that it was found, prime pork. He, therefore,
had no doubt of obtaining a verdia, when he would
Ikew, by the mon incontrovertible evidence, that the
pork was i t filch a Hate, that it sas (Cam'', fit to
be thrown into a dog kennel.

Several witntltes, in the provifion trade, *ere then f
called, who all depofed, that they had examined fe- !
veral calks of the pork, and found a great many of I
the pieces in them meafly ; fome of them tainted ;
and the moll of them faint.
The Conic and Jury, wifhing to know what ap
pearance meafly pork had, and whether it became Co
after the animal was killed ? none of the witnefles
could explain it rightly, until Bartholomew Kidney",
an frith cooper, was called up. He firft depofed,
that he had examined ten calks, and found fome of
the pieces, in all of them, meafly and (linking. He
was then :sliced, what appearance meafly pork had,.
when it was cut ? To which he anfwered, after a
little confederation, that it was for all the world, like
a plumb pudding, or a plumb cake, when cut in two.
He alfo &id, that meafles was a family diforder,
amongli Come pigs, handed down from generation to
generation ; and that, when the curers were chop•
ping it, for the purple of packing it in the barrels,
the *leafier would fly out of it like maggots; and
wined, above all things, to produce a piece of it on
the table, for the infpeßion of his Lordfltip and the
Gentlemen ; but this ceremony was, by content of
all parties, difpenfed with.
Sir JAM IS MASSFI sLD read over the evidence, and
obferved to the Jury, that this was a queflion which
they were the heft judges of, and begged that they
would confider it attentively.
The Jury retired ; and, in about an hour, return.
ed a verdiet for the Defendant.