Star.
London, England, 1807-12-18 00:00:00

ADMIRALTY COURT. DOCTORS' COMMONS.

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Yelterday the Right Hon. Sir WILLIAM SCOTT
pioceetled to the aijudication of the following cafe►:
&Wok Fortuna, Mohamed Mailer.—Thig 'ad, with a cargo
various articles, was going on a ♦oyage from Anatterdans to
Mogadore. at the time of the capture thereof. The Court was
fully fatisfied with the evidence produced in the uufe, and ac•
co dingly pronounced for the reftitation of the flilp and cargo.
Fortuna, Vrongd Mailer.—This cafe came before the Court on
further proof, which being facisfadtury, the drip and cargo were
rsitored.
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The Hibberts, &rafter —This cafe was argued in the
Itiltance Court during the term, and the queftion was refpedling
two framen. who fued tot wages due on a voyage from Haifa* to
London ; and it was Rated in their petition. that they performed
their duty until the flip was Catty moored in a slack in the river
Thames ; and that the Chief Mate came on deck, and informed
tins. the voyage being ended, they might gn on more, or, if they
were inclined to remain on board, they thole's' be entitled to river
pay ; hat they thought proper to quit the !hip. It was contended
Is argument, on the part of the Matter, that the Captain did not
give them authority to do In, and therefore they were guilty of an
aft of defertion. On behalf of the mariners it was contended,thaf
there was a complete difcharge in poiot of ilW,by the declaration
of the Chief Mate ; that the Mate was competent, and bad the
fundions, in the abfence of the Matter, to manage and condua the
affairs and concerns of the vest The Court was of opinl .n
that they quitted the Chip without being juttitieti. and the pewaltv,
agreeable to Ad of Parliament, was a forfeiture of one month's
wages each.

FATAL DUI!. tN AMlRlCA.—Estrael of a Letter
from a Gentleman in New Orleans, dated Oaober
This morning. at ten o'clock, I (hook Lieute-
nant T. by the hand and this evening, at eight, l ,
• held in my hand a ball that had palled through his
heart.
The bell account I can give you of this melan-
choly affair is this : A number of officers were
amufing themfelves in ;heir quarters lan evening
with cards, when R. came in and was atked to play :
he declined, with a quotation from Shaltefpeare...;..
Some criticifm was made on it by T. and an argu-
ment of fume warmth took place—difagreeable re-
fleaions were made—bad language caned, and this
morning T. fent R. a challenge. They met, jolt
before night, nppolite to this city. On the word,
fire 1 T.'s pistol flatbed, 'and R.'s (napped. On the
fecund, they both fired almoll at the fame inaant,
and R.'s ball pared quite through T.'s body, and
lodged in the left sleeve of his (hitt. He Raggered a
few paces—exclaimed '• I am a dead man !" fell
intl the arms of his friend, and inftantly expired.
'• Mr. R. did not with to fight him, but unfortunate-
ly, all attempts at accommodation were vain. T. poor
fellow, would liflen to no propnfalt. He had a firms
refentiment of his fate, and expreffed it ; but he be-
haved with the utmolt firmnefs and refolution."
DISTURBANCE AMONG Tag SHEIRMAKIIIIIL••••In con-
fequence of a alike and mutiny, together with tome
aggravating placards exhibited by the refraaorycraft,
particolarly againft Mr LIMIIIERI, of Fleet.llreer, a
bill of indiament was preferred Define the Grand Jury
of Middlefex, and was found a true bill againft thir-
teen fltnemakers. vino were taken into cuftody under
Lord ELLLIIIOIIOVGH'S warrant, and locked up fince
Mon.iay. 'rhey were brougin up and bailed by the
club of delegates, to take their trial at the neat Set--
11.ns La the County.

• 14W I.VriLLICENCte•
•
•
toun OP COMMON 4LEAS, OUllstiltALL, DEC. Ste
COMPIitACT. -
_
MitTICIWAT 'ARROW MN. Will
This was an ation alpha four Defendants) Bat•.
re*, Dawii, Martin andArinkk, to recover damage.
fuflained by the Plaintiff) in confwence of si wicket
confpiracy of the 13efendahts. to prevent his obtain.•
ing hiiteitificate, after his Bankruptcy. The De.
reorients were convicted of the confpiracy at the Sef-
fions at Clerkeowellond are now in Jail, purfuant to
their fentence. _

Mr. tierjeantSnatusen Rated the cafe on the part
of the plaintiff. His client, Mr Hathaway, had been
for many years, previous tn the year Itioo, and is
now a clerk is the Bank. He was alfo previous to
the year tfloo a coal merchant, and had failed in his
blifinefs—and i commiffiun of bankruptcy was regu
laity taken out again* him. The defendants Davis
and Barrow, two of the creditors, were determined
to prevent his obtaining his certificate ; and having
heard that a bankrupt was se entitled to his certifi-
cate who could be proved to Stave 101 l more than 51.
by play at one fitting, they formed a confpitecy with
other men, as wicked as thenifelves, to fabricate the I
following tale, which was afterwards fupported by
the molt barefaced perjnry—that on the 22,1 April,;
i 800, Maniac and the plaintiff came into the hook of
Winkle, in Twitter's alley, Dunhill row. Moorfields,
who is a working jeweller, and bargained with him 1
about Tome fpoons—that the plaintiff, feting t pack'
of cards, propofed to play with Marriat a game
of putt for a guinea. as the price of a flipper, that
having loft that game, he played two more for five
guineas each, which he alfo loft. Winkle and a Mrs.
Grover had the audacity to fwear pofitively to this;
and Barrow and Davis alto (wore, that they heard.
this Rory and believed it to be true—and they accor-
dingly prefented a petition to the Chancellor, to
flop the plaintiff's certificate, which was accor.
Jingly flopped, and he could not obtain it till ;805.
The anfwer that he was now prepared to give to this
Rory was this—he flinuhl prove, by two refpeitable
witnefres, that the plaintiff was employed all the
morning of that day in pigeon (booting; in their
company, in the neighbourhood 'of Copenhagen•
Houk ; and that when they returned to town, they
went immediately to the public houfe called the
Three Kings, where they fptnt the evening and
Raid till pall it &deck. It was therefore impnliible
that he could have been at Twitter's alley, Moor.
fields, io the coin& of that day. Another witnef,
would prove. that he elks wilds went in company
with the plaintiff to Wiiikle's houfe, under pretence
of buying a boric, but really to fee whether Winkle
ever knew the perfon of the man whom lie had fworn
he was intimate with, and Winkle (though of by
the plaintiff whether he knew him) declared he had
no recolleaion of him. The Attorney's Clerk, who
was the principal inflrument in preparing there falfe
affidavits, would fwear to the cnnfpiracy ; and he
would be confirmed by other witneffer. whom the
Defendants, Barrow and Davis. had fpnken to, to
prevent the certificate being obtained. A number
of witneffes. who knew the plaintiff from hi. child-
wr utd prove, that he never played at cards
and when to this was added. the monfirons imprn
bability of the plaintiff having gone .to buy fpoons,
at a filverfmith's,and upon tieing a pack 'Scat& chal-
lenging Maniac to play, and toting eleven guineas
in three games, he thought the Jury could nut he.
fitate for a mcment in thinking it one of the molt ne-
farious and abominable confpiracies which was ever
brought before a Court of inflict. In giving their
damages, they mull confider what compenfation was
due for the lots of oharatter. and the mifery which
the plaintiff had fi long been (offering from his being
held up to the world as a gambling bankrupt. He
did not think they would go into nice computations
of pounds. (billings, and pence, and that they would
give a fair and liberal eempenfation for the injury
the plaintiff had fultained from this wicked and de-
teflable cnnfpiracy.
Formal evidence was then brought of the bank•
ruptcy, the proceedings under the commiffiun, etc.
Among other things alfo the petition of the De
fendent Barrow was read. It (Wed that the plain-
tiff had gambled away the property of his creditors.
and that it was for the fake of public justice that the
Defendant Barrow oppofed his certificate. In the
petition the Rory of the i nguineas won at putt, was
dated.
Mr. Barlow, a painter and glazier, then proved
the alibi already Rated. The !cabin, he Paid, why
he was fo certain of the day was, that he had bor-
rowed ss. from the Plaintiff in the couife of the
morning. which induced him to • rake an entry of it.
Mr. Byrne, who had been for many years a clerk
in the Bank, and knew the Plaintiff, Rated, that the
Defendant (Davis) had told him, that he would take
care that the Plaintiff lhould not get his certificate.
and Ihorild never get into the Bank again (the plain-
tiff had been fufpended, on account of his embarafr-
ments, and not being able to attend) unlefs he was
paid his debt.
MClatchy, the Attorney's clerk who firft planned
and advifed this confpiracy, then appeared as a
wittier' for the Plaintiff. He was brought into Coen t
on a man's back, having log the ufe of his limbs.—:
He was in the year tBOO a clerk to Mr. Morley, an
Attorney ; and having been confulted by Balmer
and Davis how to prevent the bankrupt's getting his
certificate, he told them that if the Plaintiff could be
proved to have loft above id. at a fitting, he would ,
nut be entitled to it. They Paid. 44 that would be
eafily fettled in London ; that affidavits were eafily
got in this country, and they could find plenty of
people to fwear to them." The plan was then
fettled which had been mentioned in the Rate.
meet. Mr. Barrow and Mr. Davis agreed to
divide the expences of the petition between them,
and did 'finally give two guineas apiece to the per-
fons who (wore thefe affidavits. Martian and Winkle
obtained a defeription of the perfon of the Plaintil4
and engaged to go to the King's Beach to fee him.
He understood that Winkle did go; but it was fist;
late in the evening, that he had not Inch a dining'
view of him as to be able to recolleft him again.
This witnefs being croft examined by Mr. Serjeant
Star, confefed that be knew of the intended fraud,
fi om the beginning, and lent hinsfelf as an intro.
anent to carry it on ; that belted with his own hand
drawn our, and afterwards copied, affidavits which
ho knew to be talk ; that he hastens copied *joist

bfiladvit. Which potported to be NWT! by Molt&
and Lewis (but,whieh be Wilted that he had cot
fworio) and that ihofe rare affidavits being Rated
to the Chittegroi; were the reafons Which induced
his Lordfhip to RoFo the 'eettilleolte.
.3mnd Jlill *as a fellow prifoner of the Plaintit s'
in the King's Bench, and had accompanied him of-
ittwards to Winkle's holsfe. oh pretence of bargain-1
irfg for a potiey I that the Plaintiff two or three loses ]
sliced Winkle 46 Have I tint feen you forne where ?"
To which the Defendant Winkle as often replied,
that he had never teen him to his knowledge. in the
courfe of his life.

Thomas Whim a mailer tailor, confirmed the
alibi proved by the fire wittlefs.
Rape/table witneffes were called, and teflified that
the Plaintiff was not accullomed to play at cards.
A eonfiderable number of witnefles alfo contra-
dieted the affidavit of the perfon calling,hintrclf John
Lewis, who (wore that he had himfelf freq.tently
won large fums of money from the plaintiff at the
Plough, in Bow-Areet, kept by Mr. Penny, and which
was a common gambling honk. Thole witneffes,
"who were refpeaable tradefmen in the neighb Jar
hood, declared that it never was confidered as a
common gambling honk for thefe thirty years pall :
—that they frequented the houfe, and never law
' higher play than fixpenny cribbage, but that Hatha
way never joined in the play, nor betted on it. They
,r alto (wore, that no perfon of the name of Lewis ever
frequented the parlour of that honfe, except an old
gentleman, who is dead a long time ago.
This was the cafe on the part of the plaintiff.
&quints Barr and Barra• were employed for
the defendant Davis, and SerjeantYaucsmax for the
others.
Mr. Serjeants lissr Ind VAUGHAN made very
able fpeeches for their clients, in which they dwelt
with great feverity on the infamy of the wi•nefs,
M'Clatchy. They alfo confidered that the plaintiff
was not entitled to any large damages, as his bank.
ruptcy had every appearance of being a fraudllent
one, for the pisrpore of ivhirewribia: himfelf, and he
never paid a farthing in the way of divideni. It was
not for filch bankrupts as there that the law intended
to give certificates t and they did not conceive that
the injury was great in a certificate being flopped
which he did not defame to get. At all events, the
defendants had already been feverely puniflted, and
were now atually lying in jail.
The defendants produced no witneffes.
Sir JAMIE MANSFSILD fummed up the evidence,
and made appropriate oblervati mt. He confidered,
that, bad as M•Clatchy was, his evidence had been
fufficiently confirmed by other witneffes.
The Jury, after a few minutes confideration, found
for the plaintiff—Dsmages aoool.
This trial excited conliderable intereft, and occn-
pied the entire day.

FORIIIIITIR •. TVMin Lib OTHERS.

This was an attiun brought ;gainß the underwri-
ters, by Plaintiff, owner of the Favourite, to recover
(he value of that flap, which was 101 l on the 87th of
May lag, by driving on a reef of rocks off Clonaive,
a fmall ifland, a •err lhort diftance from the ifland
of St. Domingo.
The Favourite failed for Port an Prince, with con•
*VP

may, Tome time in January, illo6; previous thereto.
the was bought by the Plaintiff for the Turn of 3,3001.
and was in excellent condition She artived tact at
St Domingo, and was thoroughly overhauled. She
remained there from March to the 26:11 of May, when
the let fail, in company with the George and Nep-
tune, fir England. On the 27th, about three A.M
bock on the rocks, where the remained withnnt a
potlibility of her getting off, though every exertion
was tiled for that purport by the crew.
Captain Mudie, commander of the Favourite, de-
poled, that he commanded her to St. Domingo, the
was 2ro tons burden by meaforement, but could
carry 300 tons with cafe ; the was in good condi-
tion, carried ten guns, and was manned by Is men.
on the patrage out ; on the voyage home the was in.
fured ; the Favourite fat fail from Port au Pt ince on
the 26th of May ; on the 27th, at half pall three.
A. M. ran on the rocks, the wind blowing high at
the time ; during the night it had been very fqoally,
the wind came round from booth to call ; when the
(hip (truck, hove every thing overboard, and nfed
every exertion to get her off by lightening her. The
crew were on that day and next night endeavouring
to fare what they poffibly could of the cargo ;
nets left the (hip on the 29th, at eight A. M. at this
time the main maR had gone overboard ; landed at
Leogane, on the coati of St. Domingo, procured
boats, and landed every thing that be potllbly could;
he kept going to her till the 6th of neat month, when
the went to pieces. At the time the Favourite Brock
opon the rocks, a (mall fchooner alf> (truck, but
from her being much lighter, got off. Witnefs, salt
his crofs examination, dated his crew confilled of eight
men, and a boy of fourteen years of age, who bad
been at fon before. At the time he let fail he was.
obliged to cut the cable, the men not being able to
weigh the bower anchor ; the crew rem:Armed
with him for attempting to put to lea, as they were
not competent to manage the veffel, as two of the
nomben were old and decrepid feamen, not fit to do
duty ; thought the crew fufficient to bring the Blip
to England ; could get no others.
Several Captains of vetch in the Well India
Trade, were examined as to the fad of eight men,'
and a boy. who had been at lea before, being fulfi-
cient to work a Drip of the burden of the Favourite
to England ; they were all of opinion that eight able
(cameo were fufficient ' • tome of them laid they had
come to England in larger !hips with fewer men.
owing to the men running away, and could not get
others in their places.
Captain Sober depofed, that eight able men are
fafficient to navigate a fbip home from the Weft
Indies. Witnefs had teen the mate, cook, nod
boatfwain of the ravourites crew; and being aka
what kind of men they were t He Rated the cook
and mate were two worn.out feamen, about 7o years
of ages and completely decrepid; he did not 'think
they were fufficient to bring the (hip in lately to
England.
Mr. Serjeant JUST, for the Dirandants. Rated. this
Sip failed with a licence, and alto with a much lets
number of men than Government (pacifies. It was
-plain that a (hip &quid have a fufficient compliment
of men ; but he would thew that this (hip was not (ca
worthy. He did m,r mean to fay the was unfeaworthy
in her timbers • It would not be fufficient for a (hip
to have her anbers found, but Ike mutt be well

manned—it would nett do to fill up the mullet roll
with ctipples—the men Moe be (efficiently able to
perform their duties r and could it be kappored that
fix inert and a boy were (efficient to navigate a Grip
tom the Well Indies to England
One of the fail WS. of the name of nese who is now
It Greenwich penfioner. was exhibited to the JOY
he is an old mane worn down with age.—Plaintiff
ioufulted.