Star.
London, England, 1813-07-06 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHEQUER, MONDAY, JULY 8.
SIR WATILIN LEWIS V. MR. JOHN MORGAN.
This long-pending cause came on this day for the
decision of the Court.
Mr. Baron Wool) said, as there was a difference of
opinion, it was necessary for him to state his senti-
ments, and spoke for a long time in favour of the de-
fendant. Mr. Baron GRAHAM took up the argument
and answered him, and supported the directions and
judgments of the House of Lords. Mr. BaronToole-
aON was absent. The LORD CHIEF BARON likewise
supported the judgment of the House of Lords.
The Deputy Remembrancer was ordered imme-
diately to calculate the accounts of rents and profits
received by defendant from the estates, and apply
them in diacharge of the mortgage, so that the estates
might be restored.
COURT OF KING'S BENCH, JULY 5.
ELADFS Al‘D ANOTHER V. ARUNDEL.
A rule nisi had been granted to spew cause why
the nonsuit in this case should not be set aside, and a
new trial had. The defendant was the landlord of a
house, which he let to a person of the name of Lips-
comb, who let part of it to a person of the name of
Wood. Wood being indebted to the plaintiff, he
took out afi execution against him, and the officer of
the Sheriff who came to execute it, took hold of a
table, in the name of the plaintiff, and locked up in ,
the drawer of it the warrant. He then went away, '
without leaving any person in possession. The writ
was returnable on the 3d of November. In January,
defendant distrained the goods of Wood for rent.—
The Court was unanimously of opinion, that the bai-
liff
having left the house, and leaving no person in
possession, was an abandonment of the execution; the
distress was, therefore, legal ; and consequently, that
this action of trespass, at the suit of Wood's creditor
and the Sheriff, could not be supported.—Rule dis-
, charged.
HIGH COURT OF ADMIRALTY.
Yesterday the High Court of Admiralty, for the
trial of offences committed on the High Seas, was
opened before Sir W. SCOTT, in the Justice Hall of
Newgate, with the accustom'd solemnities.
PIRACY.
John Wiltshire, alias Jonathan Bower:, alias John
Wright, alias John !Vey, a native of Plymouth, and
Charles Conolly, a native of Ireland, stood indicted for
having piratically sailed in a privateer called the True
Blooded Yankee, under colour of an American com-
mission, on the high seas, where they aided, assisted,
and comforted divers armed men in the capture of
vessels appertaining to the Sovereign or the subjects
of England.
It appeared that the True Blooded Yankee was
fitted out as an American privateer by certain citi-
zens of Boston, in the harbour of Brest, about the
commencement of the present year. She was armed
with 16 guns, and carried a complement of 175 men,
30 of whom were French. About the latter end of
December, Charles Conolly entered on board of his
own free will, and on the 48th of March, the prisoner
Wiltshire was put on board by two armed men, tin-
der the name of Ryley. OR the Ist day of March,
1813, this privateer sailed, and on entering the Bt
tish Channel she gave chace to a merchant ship, fired
several guns after her, but she escaped by superior
swiftness of sailing. They proceeded to the coast of
Ireland, where they chaced and captured a vessel be-
fore the lights of Wicklow, called the Margaret, and
put an American prize-master, with six sailors, on
board, and removed the preater part of her crew.—
The two prisoners at the bar were of the number put
on board ; Wiltshire carried a dirk concealed about
his clothes, and sometimes managed the helm. Co.
nolly was unarmed, but performed duty in common
with the other sailors. They proceeded for Morlaix,
when they were captured by the Nimrod cutter, and
carried into Plymouth. There they were put on
board the Salvador del Mundo, where they were sus-
pected to be natives of Britain, by Mr. Farham, the
Master at Arms, but they both denied the circum-
stance.
Two persons proved the identity of Wiltshire as an
Englishman. Concerning the birth place of Conolly
there was no evidence.
The prisoner, Wiltshire, in his defence, said, he
had been confined three years in a French dungeon,
and anxious to see the light of day, he pretended that
he was an American, without being conscious that
war had been declared, upon which two armed men
carried him on board the privateer, where they left
him. His mortification was intolerable when he dis-
covered he was to be armed against his native country,
and he sailed with a sore heart. When the Margaret
was captured, he, with six others, were put on board,
and he formed the design of carrying the vessel into
Liverpool, which he communicated to the helmsman,
who discovered it to the prize-master, and he was
most carefully watched in consequence. He had ser-
ved his country long, had shed and had lost blood in
her service, and he prayed for the mercy of the Court.
Conolly said he was a native of Ireland, and had
been carried to America in his youth.
Justice CHAMBEE, in summing up the evidence,
pointed out the necessity of acquitting Conolly, inas-
much as there was no proof of his being a native of
either Britain or Ireland.
The Jury immediately found Wiltshire Guilty, and
Acquitted Conolly.
Sir WILLIAM SCOTT, in passing sentence of death
on the prisoner, said, that the circumstances which he
had mentioned in extenuation of his guilt should be
represented to those from whom mercy, under his
present situation, could only flow.—=The prisoner
bowed and retired.
INDICTMENT FOR MURDER.
Samuel Garrison, Captain of the Lord Cathcart West
Indiaman, stood indicted for beating Peter Small, one
of his mariners, on his back, belly, and sides, with a
piece of rope ; for casting him down on the deck,
where he stamped upon his bosom with his feet in
such a manner that he speedily languished and died.
Antonio de Elvira, a Portuguese sailor, said, Peter
Small, the deceased, was a Lascar, and entered on
board at Jamaica. One day it rained hard, accom-
panied by snow; Small's clothes were wet, and he
stood to warm himself at the fire; the Captain or-
dered him on deck; he refused; upon which the
Captain went down, fastened a rope round his arm,
dragged him upon deck, beat him with a rope, cast
him down, and stamped upon his bosom with his
feet; he then caused him to be lashed to the cleet of
the bowsprit : lie was afterwards carried below, and