Star.
London, England, 1801-06-19 00:00:00

RUSSIAN I MBARGO.

The following quellions were dircuffed this
morning in the Court of King's Bench ; namely,
whether the detention of a !hip in confequence of
the late embargo laid on all Ruffian !hips, &c.
within the ports of this country was a rick to be
infured under the general words of a Common Po-
licy of Infurance ? and whether a Plaintiff in an
anion on a Policy on fuch a chip was enabled to
recover ?

This queftion had never been direftly decided in
cafe of an embargo impofed by our own country.
After this cafe had been argued by Mr. RAIN z
for the Plaintiff, and by Mr. Glass for the Un-
derwriters, Lord KEN von ordered it to stand for a
fecond argument. His Lordfhip put this queflion
to Mr. Gi as s—Suppofe a fhip is infured when two
nations are in good peace and friendlhip ; and that
afterwards war breaks out between them, and
fome of our cruizers take that (hip, during the
time the nation to which the fhip belongs remain
alien enemies, perhapsan aftion cannot be brought ;
but cannot an aftion be brought afterwards ?
As this is a cafe of great national importance,
we thall flaw it at greater length on fome future day.

JUNE 18.
George Cunningham was brought up by Ha-
beas Corpus in cuitody of the Keeper of Newgate.
This Gentleman is an American Citizen, and
Captain of the Orion, an American (hip, which
failed from New York for London about the mid-
dle of April laft. A few days before the end of
the voyage one of the feamen died and was thrown
overboard. As loon as the (hip arrived at Grave-
fend, feveral of the crew went on (bore andcharged
the Captain with murder. He was accordingly
committed to Newgate to take his trial at the next
Admiralty SeQions. As there was great reafon
however, to believe that thefe men were aftuated
by malice, the American Amballador interfered,
and at his initance Mr. Easetws applied for a
writ of Habeas Corpus. A great number of affi•
davits were now read ; thote of the informants
Rated, that the deceafed bad been *glided with a
difeafe which rendered it neceffary for him to
make ufe of mercury; that he had neverthelefs
made him work as hard as the reit of the crew ;
that be had once in a very cold day made him
mount alok.and tied him to the mizen ; that he
had repeatedly beat him with great cruelty; that
he had made tire of molt barbarous Language when
(peaking of him, and that when dead he Aid he
would give any perfon fifty dollars who would pri-
vately throw him overboard. In the affidavits of
Mr. Cunningham, the mate, and feveral others of
the crew, many of tbefe fads were denied, and the
reit are (tripped of the circumftances which made
them before appear fo fufpicious. The deceafed
had been treated, it was (worn, with the greaten
humanity during the whole voyage, and was fre-
quently fupplied with foup and wine from the
Captain's table. For very improper condud he
.had been ordered to mount aloft, but he had ne-
ver been tied to the mizen, and was loon allowed
to come down again. Upon the whole they had
not the kali doubt that he had died a natural
death. A Surgeon who had been called to villt
him when the veirel was off the Ifle of Wight, de-
poled that he found him ill of a typhus fever, and
fo reduced by it that he could not furvive above
twenty-four hours. The Allots who had laid this
information were (worn to be of very bad charac-
ter, to have attempted feveral times to fir up a
mutiny in the (hip, and to have vowed revenge
againft the Captain for taking proper meafures to
hreferve fubordination. One of them had been
eard to fay, that for a dollar he would take
falfe oath at any time.
When the evidence on both fides had been gone
through, Lord Kenyon ordered the prifoner to be
admitted to bail. He accordingly entered into a
recognizance to appear at the Admiralty Seffions,
if called for, and was immediately enlarged.

towmtos V. lIIISIMAZD.

This was an salon brought by the Plaintiff
againft the Defendant, as a common Carrier, to,
recover 8001. the amount of a quantity of wheat
that was 101 l while in his boat. It was tried at
StaiDird, before Mr. Jußice Booze, when tree jury
found a Verdia for Defendant, on thisground
that this wheat was not carried by the Defendant
in the common courfe of trade. The circumfiances
were (portly thefe :—At Wolverhampton there
was a riot, and the Plaintiff being informed that
the mob meant to viftt his wareboufe to take his
wheat, and an empty.boat belonging to the Defen-1
dant palling at the time, the Plaintiff requefied
him to take on board a large quantity of wheat,
and carry it to Birmingham in order to keep it
out of the hands of the mob. The Defendant's
fervant good•naturedly did fo, aad the mob pur.
feed the boat and took out the wheat ; and the
tuition was, whether, under all the circutnftan.
'ea of this tire, the Defendantwas liable as a corn. I
.on Carrier I The Jury under the direaioa of the
learned Judge, gave a Verdi& for the Defendant,
asd thereby found that he had not taken this grain
on board in the charaaer of a Common Carrier.
A Rule had been obtained to (hew caufe why
there Ibould not be a new Tria) ; and after Counfel
ha.) Iwo beard in fapportof and arainft the Rafe.
•

o -o-
that the Learned Judge at kie trial put thil quer.
tion to the Jury, Whether thii *heat was put 04
board according to the eothritoit 'coutle of dealing
with a Common Cerrier?telling thenl, Was if they
q ii,
thought it had been put on board alit the mitt-
mon courfe, the liefendvst was enti dbi their
Verdi& HO Lpfelfltip (did he did not kir hint
the Learned Judge could have chofen i foie; rf
words that could fall in More exaaly with his poor
ideas on the fubjea. .He thought this *yl hue
tion of fat to be left to the Jury, and Wilt they
had drawn the proper conclu ton from ip He had
no difficulty in Paying that it was a fraud libligrant.
There was no other conflruCtion to be put on it.
If the Plaintiff had difclofed o the Defendant's
fervant before he took this wheat on bOard what
were his apprehenfions—if he had told him . if
you take this grain on, boakci you will very proba-
bly be followed by the mobs. I am, apprehenfive
they will vifit my houfe, and therefore I fend it
away. I have fentfor an extra boat, and it has
not come.—Having difclofed all thefe things to
you, you will take the rifk on yourfelf. The price
of the wheat is 8001. and your demand for car-
rying it is i is. will you be refponfible to me, un-
der fuch circumftances, as a Common Carrier;
that is, will you be liable to every rifk that may
happen to this property, except that arifing from
the at of GOD or the King's Enemies, from which
only you are exempted by the general Law of the
Land r All this it was the bounden duty of the
Plaintiff to have communicated to him, and he
did not difclofe it. His Lordfhip tholight it a
rank, impudent, (linking fraud. On that lhort
ground his opinion proceeded. His Lotdfhip
thought the direction given by the Learned Judge
to the Jury was moll correct, and the concluflon
of every enlightened and upright mind mull have
leaned to the opinion that thisgrain was not taken
on board in the common courfe of trade. It was a
ma unrighteous, a mot' unconfcientious demand.
The other Learned Judges concurred ivillt hi!
Lordfhip in opinion that the dtreetion of the Learn-
ed Judge to the Jury was perfectly correct, and
that the verdii was according to law, juffice, and
confcience, and that, therefore, there ought not
to be a new trial.-4 Lark rfilebarged