Star.
London, England, 1802-01-28 00:00:00

COURT OF KINGS BENCH, JAN. 27.

Lord KENYON appeared on the Bench for the
fira time this Term.

Several cafes from the Seffiols flood for argu-
ment. In the courfe of which,
Lord KEttrom obferved, it was a thing much
to be lamented, that cafes were fo defedively
Rated and fent up to the Court for its decifion.—
They multiplied upon the Court. The practice
he had mod to complain of was, that Gentlemen
fent up evidence on cafes, indead of fending up
the finding a fait, for Judices at the Seffions ought
to find fads on a cafe as a Jury did, not to fend
up evidence to leave the Court to determine the
fad; for which reafon, cafes were perpetually fent
back to be re• Rated. There was one cafe now
before the Court, in which the indices at the Sea
lion ought to have found whether or not there had
been an hiring for a year; inflead of which they
had only Rated evidence, and left the Court to
conclude whether there was an hiring for a year
or not, which the Court could not do. In another
cafe, the Juflices had not found, whether a certi-
ficate was delivered to them or not, but they had
Rated evidence upon that fad, from which he had
no doubt it was delivered, but the Court could not
fay fo: it was the bufinefs of the ft:dices at the
Seffions to find that fad, and, therefore, that cafe
mutt alto go down to be re• Rated. Indead of
leaving the Court to fpell out every word in a
cafe, the Magiarates fhould Rate fubitantial fade.
Thefe things were grievous and wadeful.
Mr. Judice GaosE faid, the Juitices had found
that there had not been a proper delivery he did
not know what they meant by a proper delivery.
Lord KENYON faid, he remembered a cafe in
which the quedion was, " Whether a certiorari
was delivered to .the Judices or not, in a county
not very diflant from the metropolis, and- there
was much pride exhibited on that occafion, on ac-
count of its being thrown on the table, and not
delivered with due fubmiffion, and fo firth. He
hoped, that in this cafe, in confide' ing whether a
certificate had been delivered or not, thee• would
look at the thing in the way of plain common
fenfe, and that they would not be advifed to Rand
upon filly forms. It would be ridiculous to require
that it fhould be done with one knee bent, and
one hand dretched forth. That it fhould be held
in the right indead of the left-hand, for thefe
things were not more ridiculous than Come Rate-
ments that were made in thefe cafes. His Lord-
Ihip added, " I want fubdantial fads to be found,
according to the common fenfe and real judice of
each particular cafe; but thefe defedive Rate-
ments, which go to the other fide of judice, ar•
molt grievoufly expenlive, and produce mod un-
necelrary
The Court having gone through the remaining
cafes for the day, proceeded to hear motions for
new trials, the molt remarkable of which was
that of

HAWKLESS V. MITCHELL.
The ATTORNEY GENERAL laid, that this was=
anion tried before his Lordfhip and a Jury of mer-
chants in Guildhall, at the Taft fittings. The Plain-
tiff was the owner of a brig called the Duke of
Cumberland. The Defendant was the Captain of
one of his Majefly's !hips called the Boxer; the
Boxer was at anchor at a place in the river Thames,
called Galleon-reach. The Cumberland ran foul
of the Boxer, and in order to extricate the two
(hips, the Defendant ordered Tome of the rigging
of the Cumberland to be cut away. The men, of
*courfe, obeyed the orders of their Commander, and
accordingly the rigging was cut, and the vein's
were difentangled,upon which an afti on was brought
againft the Captain for damages, for the injury
which was thus fullained by the Plaintiff.
The Defendant pleaded that what he did in this
cafe " was for the prefervation of the thip." To
which there was a replication, " that the Defen-
dant did more damage than was neceffitry for the
prefervation of the fhip. The cafe being fully heard,
the Jury found a verdiet for the Plaintiff, againtt
the preponderance of the evidence, and therefore
he was now to move for a new trial.
Lord Ksxvoa faid, that the tingle quetlion in
this cafe was, whether the Defendant committed
an excels in this cafe.? Aatd the jury had found he
had.

The ATTORNEY GENERAL faid, it was intcrefl-
ing to the naval fervire of this country, to know
whether, when an Officer does the heft, according
to his (kill, in the management of the (hip under
his command, he was anfwerable for any damage
he might thereby occation to tilde who had fo
mifcondueted themfelves as to run foul of him ?
Lord KENYON faid, that no Officer could he an-
fwerable for doing his heft upon an emergency, but
that was not the queftion here. The queflion was,
Whether the Defendant had committed any excefs
or not ? that is to fay, whether he had done more
than was necelfary to extricate the two !hips ? That
very queftion•was left to the Jury ; they had con-
cluded upon that queftion against the Defendant.
Whether I (hould have drawn the fame concluil,m
or not, faid his Lordfhip, is not for me to fay, n,
would it be important if I fliould not, for my
nion, on fuch a fubjeCl, is nothing in comp:ail:4i
with that of the Jury who determine it. The con.
due of thofe who took up this defence (the Admi-
t sky) was moll honourable. They h:td Paid they
would be at the expence of ditcuffing this matter
before the Jury, fo that if the Defendant had done
no more than he ought to have done in the fitua-
tion in which he flood, his defence thould coif him
nothing—but if it Lhould appear that he had done

dla‘ whidt could not be fairly defended, they
thought the public isprfe Ought not to pay for that
lionmpriety. The jury. after heariag the whole
orthe cafe moll attentively, thought that much of
what the Defendant did, was wantonly done, of
which there was certainly fame ltrong evidence.
It was proved, that while the men were endeavour-
hg to difentangle the Ihips, the Captain faid," damn
them, cur away," and that at this tin.e a short
paufi: and a little patience would have enabled the
men to extricate the two veffels without much
difficulty, and with very little damage.
The ATTORN v GENERAL laid, that the inclina-
tion of his Lordlhip's opinion was rather againll
the verdia ; and, he fubmitted, againfl the weight
of the evidence, for two naval officers, of great
experience, had (worn they believed, front the teal.
mony of the witneffes, the Defendant dill no more
than his duty on tl:4 occafion ; one of whom, Cap-
tain Hood, declared he Ihould have done more, for
that the Ihip was in danger of drifting with the tide.
This !hip, of which the Defendant was Comman-
der, was going to Copenhagen, at the time, on ur-
gent fery ice. He was lure he fpake the language
of the whole navy of England, when he faid, that
if theft verdias were given, and acquiefced in, no
Offi,rer could, without fubjeaing himfelf to an ac-
tion, au upon an emergency, with that promptnefs
which t!ie interell of the fervice required.
Lord Kra TON faid, that every word he had de-
livered to the Jury on that occafion, led to a con-
clufion totallv different from that moil unfavour-
able one to the fervice, which the Attorney Ge•
neral had mentioned. It was, he hoped, and, he
believed, his habit to addrefs Juries with a liberal
regard to the fervice of his country, and to tell
them, that if the cafe was doubtful, to turn the
kale in favour of thole who ated in the fervice of
their country, when they
.were accufed of doing
damage in the courfe of it. He believed he did to
in this cafe. The Jury confidered the whole of it,
and now he was afraid to fay that they drew a
wrong conclufion.
Mr. ERSKINE faid, that this cafe was decided by
a full Special Jury of Merchants, in Guildhall.
The ATTORNEY GENERAL faid, that was no
reafon why there fhould not be a new trial, if the
Verdi& appeared to he againft the weight of Evi-
dence, es he contended this to be. _ _

Lord Kemyow laid, that he was inclined to fay,
there ought not to be a new trial in this cafe—but
if the Attorney General was diffatisfied with that
opinior, the regular comic would be, for him to
make his report to the Court.
The ATTORNCY GENEKAL Paid, that he had
realm to know it was the fentiment of the whole
Admiralty, that if this Gentleman had ailed other-
wife than he did, he would have deferved to have
been broken.

Lord K vow—el I have very great and un-
feigned refpea for the Lords of the Admiralty,
but I ca-inot, in my fituation on this Bench, take
their opinion againit the Verdift of a Jury upon a
point of lea."
The ATTORNEY Goxfoat fait?, that this Veffel
was going to Copenhagen, and that no time was
to be loit in the profecution of that voyage. It
was the opinion of Captain Hood, that the mail
might have been carried away if the rigging had
net been cut, as in this cafe.
Lord Kswyow Aid, that all there points were
before the Jury, and, really, after all that could
be Paid upon it, the Tingle queflion was, whether
this Jury had drawn a fable eonclufion or not ?-9-
There was evidence on boil. fides. The Jury, who
alone could decide, bad ticcidede Nobody could
be fine the decifion was wrong. It then came to
this :—That whenever a party thinks the conclu-
non of the Jury is wrong, there mull be a new
trial, for the purpofe of trying whether another
jury might not think otherwile This reminded
his Lordihip of what was (aid by Mr. Wareham
many years ago, upon a motion for a new trial-
-41 This," laid he, " is a motion for two new trials,
becitefe it is emotion to try whether another Jury
will not conclude diffmently from the &If, when
there was evidence on both fides, and if they do,
there mull be a fecond new rial, to fee whether a
third Jury will •not agree with the firfl ?"
Mr. AT TORNFT GIN I &AL....." My Lord, I have
done my duty in this cafe."
Lord Ketiecol." Yes, you have, certainly;
and, I hope, we all do oar duty in our turns."
Motion for new trial refurcd.
THE KINO V. PINKERTON.

This was a Rule calling on the Defendant to
thew wife why a criminal information fltould not
be filed against him for publifbing a Libel on Mr.
Houghton. a Gentleman who was Agent for a
Canal Company, refleaing on his condua in that
charaaer. _ _

Mr. Gtaas admitted, that the publication of the
Defendant was no: to be jullitied ; but raid, he
underftood, he had offered an apology to the Pro.
fecutor. He did fo now, by Him, his Counfel, but
if that was not received, he had no caufe to thew
against this rule.
Mr. ER KIN E fail, that if this apology had been
offered in proper feafon, the defendant would have
been in a different fanation from that in which he
flood at prefent.—He could content to nothing
atm.—Rule abfolute.

The pofl.boy, conveying the mail from Athlone
to Rofcommon, was attacked on Friday fe'nnight
by two men, who robbed him of the mail, con-
taining the bags of letters difpatched from the
Dublin General Poll-office on Thurfday the 7th
init. for Rofcommon, Dallyhauais, Caillereagh,
and French-park.
A woman, named Prudence Stout, had for Come
time been in the praaice of defrauding publicans
and tradefmcn, under pretence of having claims
on the Navy-Office to a large amount, being wages
and prize-nsoney due to her lce hulbaad: the wa4
examined at the Police-office, Hatton-garden, and
committed for trial ; but the profecutors. by an
unlucky millake, attended at the Old Bailey, in-
Head of going to the Clerkenwell Seffions-houle,
in conferpience of which the lady was difcitarged,
fince which file has been es,creifing her falcate in
the country, where the has data gdod ale mg'
of 2001.

• PROLOGUE TO URANIA.

WRITTRN EN Tin RIGHT HON. 1.016 JOHN TOWN-
MR. BANNISTER, JUN.

The rigid Truth, in narrow bounds, confine
The tame Hlliaises limited deign ;
Tito' hence the cold Philofophcr may draw
Sage maxims, founded upon Reafon's law;
lot fo the Poet cheeks his bolder fires;
Dull is the Bard whom fob= fenfe infpires!
The unthadded Mufe afdains fuels vulgar rule,
And claims prefcriptive right to play the foul.
Shall then faftidious fpleen with eritick fpite
Prefume to cenfure what it fears to write ?
Shall captious wits, to Maitre Genius foes,
The rich Improvements of the Stage oppofe ?
The public palate, &welly 'tis raid,
Glutted with offal, is on garbage fed;
And Coon, cry there Ala:mitts of the Stage,
(Who hope the mifehefs that their fears predge)
Soon, one and all, Box, Gallery, and Pit,
The Stage itfcif, will loathe the name of wit;
Day after day, our Spears Dramas eramm'd
With heavenly fpirits, or with goblins danued,
Of tame extravagance a cumb'rnus waft,
That barren brains on patient fallsion parse..
By low Phantalmagaria Farce debas'd,
The doll Lyceum of degenerate tafte !
With th,fe, a !huffy, flippant tribe combiner.-
Authorse—who btu& to throw their pearls to (wine ;
Vain of the triumphs otrejefred Mays,
And talents, never mortified by praife :
Humbly who vaunt, who haughtily confefis
Their tafteful toils uninjed by fends,—
Seldom blotted by a then-last-nn,
And complimented often with—aer wet.
Who, toed by dreams of polthuntoos applaufe,
With le/ace-periods rc-affert their oak !
Or, rafts foreftallers of difgraeeful fame,
With habitat seal anticipate their thame ; •
Glow-worms of wit, mad to light, they. fade;
Bat thins and fparkle in their native shade !
Their Waft, their proud deftinaion, see to pkairs
Hooted and bitt, they calmly fit at cafe;
While coofdous Genius happily fupplles •
The impartial juftice that the world denies.
We rnodeft Mfrs, by your protedion mirk
Who hope the belt, yet always fear the wont,
Prudent we venerate the public voice:
The ftandard of our judgment is your choice.
Oar Piece to-night may brave the critic holt ;
In truth, thANIA is but kg a ghoft ;
Of.frio, farm, but not offpfire sad,
A living viflon, warm with vital blood !
Critics, ungentle Critics, be polite!
0, if not fond, he civil theft:, night!
Then comes the tat !--then comes URA rno's danger !
Then-.when the Lady is nq more a ftranger !

The Patronage of the EaR India Directors this
rearms is e:tremely limited. The whole number
of Writers and Cadets, we underßand, does not
exceed fixty.
The late Nabob of the Carnatic, AMER UM.
DAT UL OMRAH, continued on the Mufnud only
five years apd a half. His Highnefs fucceeded his
father, the Nabob WALLAJAH, in the month of
Oilober, 1796, in which year the Nabob WALLA.
JAM died, at the extreme old age of 78 years, and
was ever regarded and efieemed as the firm and
fincere ally of the Engglifh nation. It is tome-
what finrular that his Highnefs the Peifhwa died
alto at the fame time, viz. the Nabob WALLAJAH
on the 14th of October, and the Peifhwa on the
Isth. The prefent Nabob is a younger fon o
the Nabob WALLAJAH, and brother to the late
Alias& UMUAT vs. OHR•H.
FILESH IMSURHECTIOMS IN INDIA.—The Decoits,
(a people who tome years fence maintained a fan-
guinary warfare with our Indian Government, and
excited a conliderable degree of alarm in this
country, are again in arms, and have committed
great exceffes.
Accounts from Ramghur, of the 4th of Augull,
(tate, that a very powerful body of there people
had made an incurfion into that neighbourhood,
where the conviEts were employed in clearing the
ngle sand repairing the public roads : they brought
with them fire-arms, pikes. &c. to arm the con-
vies, having previoufly greed to fet them free;
and affociate them in their intended plunder of
the difiiia.

The Sepoy guard made a gallant but ineffeaual
refinance, molt of them being either killed or
wounded; when the eonvias, with their deliverers,
retired into the Hill Country.
From their &Rua* they have made numerous
exctiraons into the adjacent country, depopulating
villages, and dentoying fuch eroperty as they are
unable to remove. The flourilhing and extent re
town of Aurungbaad, which in 1799 was dearoyed
by juggo Deo and his adherents, having been re-
built and re-peopled, and numerous extenfive gra-
naries eaabli(hed there, has been again plundered,
and reduced to Ales by the Decoits.
The leader of this banditti is a man of dinin-
guithed talent, who formerly held high rank in
the army of the late Nabob of the Carnatic, but
in confequence of fome offence committed againit
the En lilt, he threw up his fituation the better
to indulge his revenge. He appears to have fo-
mooed the troubles in the Southern dinrias, by
the difperfion of feditious letters, kc. and his pre-
fent infurreaion, which is fecretly encouraged by
many of the friends of the late Nabob, is in dole
concert with the Poligars.
Another infurreaion, which at ara wore a fe-
rious afpea, broke out about the end of July, in
the diarias between the Ganges and Goomty, in
confequence of the Nawab'shaving made fome re-
gulations difpleafing to the people, and of which
fume difaffeeed perfons took advantage to excite'
them to rebellion. We learn, however, by ac-
counts from Purtoobghant, that the Fourth Regi-
ment, the Native Cavalry, and the Second Regi-
ment of Sepoys, having been ordered to march
:mail* the infurgentsanany of them had difperfedi
aptil copunvy wo gradually regaining tran-
quility.

INFALLIBLE GERMAN CORN-PLAISTii<.
PROPRIETOR of this molt excellent
PREMEDY is fo certain of its Macy haring 'lever
failed ins variety of Cafes, agrees, if it does not eradicate the
COM, root and branch, TO IitTURN TOL MONTT.

It vAll,onapplication;take Off the Inlannization in a fevr hours
and delleny the Malignity without she halt hoard
Printed up with it.
This is the eel PLAtSTER that gained fo much re-
putation In Germany, and has been fold in London upwards of
Fifty Years, with the:remelt reptitatires.
Sold Wholefile and Reutil by T. Astra, No. a, Finch-lane,
nor the Royal Ex and alfo by Mr. Day, No. 7. Taste
tuck-Rivet ; Mr. No. 39, St. James's-itzcet ; Mr.
Sydney, No. at, Pall-Mall; Mr. Wskd, No. 324, Holborn;
and Jebouk Id Co. No. ago. Osfort‘lreet.
At Brifhoi, by Bel* and Sheppard; and Bonier, pelotas.
Bath, By Hassnl, bookfelkv and Woman,. perftimer.
Edinburgh, by Lister, South Sri*.
Poe:fa and ()apart. Mr. Harding s.
Llvtrpool, by Mr. Gore, prlnterju3d Mr. jamejmookfeller
PartfmoutL, 11r. Motley, bookkllsr.