Star.
London, England, 1807-07-24 00:00:00


LAW lATELLIGLNCE.

ire *

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COURT OF ADMIRALTY, JULY U.
• NEUTRALS.
MALTIVIUS, and Otintra, Owners of the merchant fbil
iron, APPELLANTS ;
ALEXANDFR CAMPBELL, Ffq. onemander of kir
chip Arnethyyl, RESPONDENT.
This was an Appeal from the High Court of Ad
rniralty, againil a Condemnation of that Court, of
the (hip Irene, belonging to the Appellants, as law.
fill prize to the Refpondent's (hip the Amethyti.
In the year 1803, the Elbe was declared by his
Welly to be in a state of blockade, by a fquadrbn
of his Majetly's (hips, and the ufu4 notification of
that circumllance had been made to the feveral In.
reign and neutral powers, by his Majen y's then Chief
Secretary of State for Foreign Affairs (Lord
Ilawktflatiry) ; in confequence of which it became
the duty of vs ffels failing under neutral flags to °b-
ier ye the maritime laws of blockade; and his-Ma-
jelly's (hips of war were confequently authorifed to
capture, as lawful prize, all neutral (hips violating
or attempting or endeavouring to violate fuch block-
ade. It appeared in the prefent cafe, that the Ap-
pellants were Hamburgh and Pruffian merchants,
and owners of the (hip Irene, which was bound dire&
from Archangel to Hamburgh. She failed in the
Month of Au 1803, and arrived off the Elbe in
the month of November following, when the, was
captured by the Amethyll, one of the blockading
Mips, and condemned in the Court of Admiralty as
lawful prize to the Paid (hip, upon the mounds of the
mailer having documents in his poffeffion, (hewing
that his owners were acquainted with the blockade
previous to his arrival off the Elba, and therefore
the Court of Admiralty confidered he had violated
the maritime laws relocating blockade, and conic
quertly became the lawful prize of the captors.
Againtl this decree the prefent appeal was made ;
and on the part of the Refpondent, the King's Ad
vacate (Sir John Nicholls), and the Attorney Ge-
neral, contended at tome length, that this decree
Mould he affirmed, upon the grounds that the cap-
tured %retie' had violated the laws of blockade, and
was therefore lawful prize to the captors. From the.
letters produced before the Cr urt below, it evidently
appeared, that the owners of the captured veffel
were aware of the blockade of the Elbe, and that
they direated the Captain of the Irene, if he fhauld
be warned aff by any of his Majelly's cruizers, or by
any nthet (hips, he &old not attempt to prcceed to
the Elbe, but make for fme northern port. Hav-
ing this intimation (rum his owners, it became the
Captain's duty, upon knowing the feat, tas change the
courfe of his voyage, and proceed to fame other
port ; inflead of which, it was contended, that at
the time of the capture, the Irene was in her due
cootie for the Elbe, and her intention was evidently
to fail up that river, in violation of the blockade.—
The Learned Advocates preffed the neceffity of ob-
(trying the laws relocating blockade inviolate, other-
wile that fyfiem would he totally ufelt.fs ; for if net].
tral Yards were to be fuffened to go in and out of an
enemy's,part, in a (late of blockade, as they pleated,
that enemy, fo blockaded, would have the fame ad
vantages, as to trade, that (he would have,, if no
Inch blockade exifted. Upon all thefe grounds the
Learned Advocates for the Refpondent contended,
that according to the maritime laws of nations, and
agreeably to all the decifians upon this lubjeat, the,
decree of the Court below (hould be affirmed.
D(Aor LAwaENca and Mr. STEPHENS, for the
Appellants, on the other band, contended, that this
was an unlawful capture, and the owners had a right
to full reparation. The original declination of the
chip in quetlion was Hamburgh, her cargo was (hip-
ped for that port, and (he cleared out for that port,
not then knowing any thing of the blockade. As
loon as the Appellants were made acquainted with
the circumllances of the blockade, they wrote to their
Captain to that cffea, and fuppating the blockade
would be merely cafual, they gave him direetions
accordingly ; but thefe direalion. did not at all prove
any intention on the part of the Captain or his owners
to violate the blockade for the former was AP•lutely
defined, if he (houlcl be warned off the Elbe by any
of his Majefly's cruizers, not by any means to pr
teed to that river, but make for come of the northern
ports The Learned Advocates further contended,
that the word " off" did not mean the very mouth
of the river, hut a dillance in a line oppolite a
certain point ; and the capture having '.,!:en place
near Shetland, 18 leagues from the mouth of the
Elbe, it could not be had, that the inention was to
violate the bleckade,afor this (hip might as well have
been proceeding to the Eyder, to Tonningen, or any
other port ; and it could not be contended for a mo-
ment that the had not a right to go to Heligoland,
which was out of the line of blockade, at the fame
dillance from her, at the time of the capture, as the
mouth of the Elbe was ; and a place where all the
(hips, travelling thole teas, touch for the purpofe of
taking in a pilot. For all thefe reafons, they con-
tended, that the captured (hip had net violated the
blockade, did not intend to violate it, and the Appel-
lants were therefore entitled to reparation.
The Kitgo's ADVOCATE, in reply, obferved, that
it did not appear from any of the fails or documents
in this cafe, that the vat] in qaeltion had any inten-
tion to touch at Heligoland, but, on the contrary,
from all the enctsmilances, was proceeding dire& for
liamburgh.
The Court, after fume deliberation, affirmed the
original Decree of Condemnation, after which their
Lordfhips adjourned fine die.

COROVER'S Irrnstssr.—On Monday an inquifitinn
was taken at the Fountain publif;.houfe, Wych-fireet,_
Temple Bar, on the br,dies of Sarah Price, and her'
male infant, who died on Saturday laft, at her haute
in Wycombe.c.outt, in the fame neighbourhood, hay- i
ing preyintifly been bruifed, and brutally beaten by
her hufbind, H. Price, tome time fince. a `caterer of
hones, at the Spotted Dog coach-Rand. The wit-
neffeg, confliting of the neighbiurs, depofed, that
the dere fed had frequently appeared with black eyes
and b. and that on Saturday laft the died, after
being delivered of a (till-born child. The circoui•
Itancos attending the conduit of the I.loband, as de-'
fcribed by levet al wit/tell-es, were cruet and difguft-
ing. It did.not, however. appear that wilful mOr•
der could be imputed to the offender ; and the jury,
• under the dheeion of the Coroner, found their 'cr.
did btanflaughter.

stiMl4ll Aftiti&
•

~-R--s

At. the Oakh am Allizes, laft week:". Leidn 'Was I
found guilty of an affault, accompanied by circum-
tlaneesofgfeat aggravation, upon a repettable young
woman, and was teatenced to three month, impri-
foornent, with hard labour, and to find fectlrity for
his good behaviour for two years.
At the Lincoln Ailizes, the following wert.convic-
led : C. Wicock, for forgery ; J. Conan, alias Lin,
coin Jack, alias Silk ey'd Jack, for horfe. Beating—
(feateneed to death) ; and T. Fletcher, fin' marrying
three •wives, all now liiing.
. .
HERTFORD, MONDAY, JULY so.
About twelve o'clock this morning, Sir JAMES
MANSFIELD and Mr. Jultice Harris commenced the
Hnme Circuit, by opening their Commiffion for hold-
ing the. Aflizes for this County. After heating di-
vine fervice, the Learned Judges proceeded to the
different Courts. Sir Jmuss Maissvist.n fat on the
Civil Side, and Mr. Jultice HEATH on the Criminal
Side. •

CIVIL Sins.—There are only five Claes entered,
of which three were tried this day.
Wool) v. THELLPSSON —Mr. BOLLAND opened
the pleadings in this cafe, which Bated, that • the
Plaintiff -was poffeffed of certain doles, called Leg-
gerfhnt Mead, in this county, which *ere c.ccupied
by one James Waters, as his tenant ; and that the
defendant had cut away the bank, by which certain
parts of the land were covered with water, to the in-
jury of the reverfion.
• Mr. Serjeant SHEPHERD then detailed the circuits
fiances of the cafe. The plaintiff, he Rated, was a
Major in the army, and the defendant, Mt. Thellnf-
fon, it was well kn,twn, was a Gentleman of court.
dcrable fortune in the e nnty, having an eflate at
Alde.nham estate Mr. T. had vet), much
beautified-and improved ; and in his defire to corn
plete his improvements, he had, without afking per-
mitfit.n of his neighbour, made free to take poffeffion
of a parcel of his land, for the purl:once of ei nvetting
a brook into a canal, which would firm a vet) pic-
rul-efque view from his windows. By the plan pro-
poled it would he leen Mr Thebuffun pcirefleti the
Inid on one tide down to the edge f the brook in
quettion ; on the other fide he potieffed only a part
of the. land, forming another patt ; notwithilanding
this he had pared away the whole length to widen
the ftream, with•tut even imorming the plaintiff that
he wifhed to be ateccnsmodated with a few yatds of
his land.
The defence which was now to be let up was, that
what was done was an improveme..t.o the remainder
of the plaintiff's elate. But the Learned Seljeant
obferved, that ati Eriglithman would not have hi,
elate impr wed without his own permiffion. Ht
fhould cleat ly fhew the encroachment, which would
entitle the plaintiff to recover fuch damages as the
Jury fhould think the cafe delta ved.
Four witneffes proved, that by the defendant's di.:
redion, the bulk abutting the plaintiff's land, was
et.t away, in order to make a hoping edge for the
new Canal ; and a Mr. Kelfey, a Surge. n, dated
that the ground taken amounted to about one-eighth
of an acre, which was valued at about la
Mr. Serjeant Barr, for the defendant, admitted
that his client mutt have a verdift palled againtt him,
but infißed it was an ill•natured afli•in ; as the land
of the plaintiff was benefited by having the. floods
, drawn off by an improved water-courfe.
Verdi& for Plaintiff—Damages Isl.
SHARPE v. TATLOR.Ihib was an adtion to recto-
ver-sol. the amount of half a year's rent due for a
kitchen and nnrfery garden, at Barnet, in this county.
There was no question as to the occupation of the
land by the Defendant ; but, in his defence, he con-
tended, that the letting was by one Loveday, and
not by the Plaintiff.
Loveday was called as a witnefs, and he Rated,
that he was fon in law to the Plaintiff, and managed
his concerns, and that he let the ground in quedion,
as his agent ; but the written agreement and all the
receipts were given in the name of Loveday, as on his
own account. But on referring to the written agree-
ment, it appeared the. e was written on a corner of
it, by" Authority of Mr. Sharpe," which Loveday
faid, he believed was written at the time of its ex-
Mr. Gaaaow, for the Defendant, contended, that
the Jury could not give credit to the witnefs, inal
much as all, the written documents contradiacd him.
In the body' of the agreement he dated the hand to be
his own, and all the receipts were couched in the
fame language. He infixed that the aftion was
brought in the name of Sharpe, iii order to make
Loveday a witnefs in his own caufe.
The LORD CHIEF JUSTICR obfaved, that if any
reafon had been proved why Loveday fhould have
an intereft not to bring the affirm in his own name,
fuppofing he were- really interefied, he fhould have
thought the cafe fo fufpicious, that the Jury would
have been warranted in not believing him. But no
loch reafon appearing to calk he faw no reafon why
they fhould not give him credit.—Verdiet for the
Plaintiff.

CRIMINAL SIDR.--yobn William Wood'lock was in-1
dieted for felonioufly Healing two feven 'billing pieces,
the property of Nathaniel Smith Machin..
The profecutor, Mr. Machin, kept a (hop at Hert- I
ford, and the prifoner lived with him as his fhopinan.
Having had occafion, as he laid, -to fufpeet the prifo•
ner, he watched him, and on the zilth of April laft,
he law him take fome money of a cultomer on the
drapery fide of the {hop. He afked him how much ?
he Paid it was is,s. 6d. (two (even fhillingpieces, and
ss. 6d.) which he Paid he put into the till Mr. Ma-
chin had juft before emptied the till, and therefore
went to look if it contained the money, but. it did not.
The prifoner appeared much confthd, but as the
profecutor did not find the money on him, contented
himfelf with difiniffing him his (write. . He, how-
ever, infifted on firft fearchingfiis box, and there he'
found 38 guineas in gold, tome half guineas andfeven
'billing pieces. This the ptifoncr Paid he received as
the price of a borfe;which he had- fold.. The next
day the tivo (even fhilling pieces were found.in atoll,
of checqtie cloth, near where the prifOner Mood when
he' retired the money, and the prefeentor canted
him to be apprehended.
Several witneffes,wern called on the part• of the
parer, who proved that they taw him in poffeifion
, of at leap 40 guineas before he went into the prpf!
cutor's fotrice. Verdia;—Noe Guilty.

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