Star.
London, England, 1804-02-10 00:00:00

NAUTICAL immiuGswca.

Dans
Wattei

MAILS THIS IMlt.....Viriad 5. S.W.
AIM DOC I MM. Dag
S • Huebert!' o s
4 I Gottfabogg t o

Pau ZANCIC, ti, 6.—Yederday arrived the Lively,
Hobos maker, from Cork, with butter, Sze. ke. for

this port, Falmouth, and Plymouth ; sift? the George
sad Francis, TRAIIIIACR, from Gweek, with balk
sod laves for this port.—Sailed the Nancy, Baoao

Maher, for Wino!.
Fasasourts, Fes. 7.--Sailed this evening, the
Passes ADOI4IIOI packet, BouLoutsow, with the
Mai of the 4th ult., and Ift infant, for New York;
the brig Ellen, Captain Rica, for Cadiz; the Swe-
diflt brig Fiudame, Captain Suss, for Naples, with
fills; the Portugutfe brig Valente, GIIISIOZ I, for
Lilian; and the Fanny, Ruenaans, for Cork.—Ar-
rived, the Country Eah India nip Watitastar, Cap-
thin Poems, from Midras, left from Ireland: left
St. Helena in company with the ESPERISIENT COM*
Rig laip, bound to London, and parted from her a
few days after; the Lord Middleton, Capt. Sass.
Borates,. form New Providence with cotton; Ike.
bound forLoodon, 101 l her bowfprit in the Channel
eight 481).140 14 New Providence in company
with the Wit Icon', booed fort Lambs% end parted
*kb 110:11sorilY
.ati4.themaiirpost (hip Friends,
Litatemmt 111•Cireaureik• from Portfinouth, with
Marry Lees** thii Port and Cuernfey.
"'rived the lueoerrawr frigate, of ga guns,
from Plymouth ; whir& Lipotrith the
likkmds,(Rankort) will take about Soo of the Afri-
torOs(Aw quartered in Pendennisgarrifon) to
Geonisy. Yeller:lay arrived the American Lip
Near
Car:tees R.ININOTON, in 44 dayi
from New Olio., with [agar, cofee, la. for orders:
when (he left Orleans tale French hag was flying on
the forts, and the American troops were within four
leagues to take polleSon of it—the American (hip
Angelis, Captain Sten fiesurse, from London, to
mks is fills for the Mediterranean ; the Nancy and
Mary, Seaaa, from Dartmouth t the brig Elizabeth,
Memos. from Greenock ; the Jupiter, Gaanv, from
Swanks ; the OF.CODOMIy, SOTTEIII, from Milford ;
and Eliza, Davis, from Plymouth. The Qsasu
CHARLOTTE packet is nearly ready for fea, and will
take the Mails of the IR inL for Jamaica.
Pirnonvn, Fre. B.—This afternoon arrived the
following (hips from &a, being part of thole that
part this port yellerday, bound to the Mediterranean :
the Ha m oosr au, of 54 guns, and Sr s soy, of t6guns,
with the following (hips under their convoy : Trim.
ma, WILLIAMS; Hope. Wsura ; William, Caaws ;
Sarah Ann, Goon Femme,; Ceres. blecurrosn ;
George, Cottons; Union, Stowe ; Three Brothers,
Woes; Polly. Datums ; Adventure, Ws tonrsou,
with (metal others alfo the American (hip Riling
Stares, from London, to Charleßon, in %solidi.
Yoe/watt, Fes. 9.—Sent in by the North Sea
feet, the koy De Vreeds, Jens Ostrom loaner, from
Amfterdans. bound to Whoa, with goods. Sailed
the Annie gun veal. to refit. Arrived the Oass-
vas hoop of war, with a fleet of (hips under her con-
voy, from the EaR Cuuntry : alto the Kuno Gsoaos,
Dumas, and Rarvase cutters. Remain the Huta,
of 74 guns, Admiral Russets., the Hon. Captain
G ; the Charm hoop, and two cutters.—
The EARL os Lemurs' packet. Captain Tutors ',son,
Rill remains for the arrival of the Hon. Mr. PAGET
and fuite.
DEAL, Fee. o.—Arrived the EARL ST. VINCENT'S
Lop or war from Sheernefs. CHAMPION and PIN.
isorrative frigates, Sayuaast, Lama. and Hairy
(loops of war, being blown of their Rations, on the
coafi of France. Put back the Bet:mane frigate,
and SPEEDWELL (loop of war, with the ontward.kound
tinder convoys which failed on the 7th inft. and re-
main with his Ma:jelly% !hips as per laR.
AN' THEE LETTER, SAME DATE.
It appears by intelligence from off Eoulogne, of fo
late a date as the 7th iuR. that all on board our flo-
tilla were well, but the enemy (hewed no difpofition
to venture out. Owing to a thong fouth weft wind
the whole of the convoy have put back. Paired
through the Downs this morning a brig, prize to one
of our cruisers; (he has been fmt into Margate Roads.
Should the wind continue fouth weft the Boulogne
fquadrnn will, no doubt, be blown off their Ration.
Castisoca,Fis.7.—The 13ritifh brig Echo, Aim',
from Savannah to New YDrk, with coffee, cotton,
rice, and leather, is wrecked at Squaw Beach. The
grew and all the cargo favcd without damage, toge-
ther with the fails, rigging, anchors, &c. but the brig
bilged.

FROM LLOYD', LIST.
Gewessztes, Fre. se,-..Pairod by the Ahntris, Slo.ert from
Virginia; Ek, ; sod the I.alinett, —, from Datenek
Sailed tbc Home. Raper; Twee Gebroders, Kemp; bed the Twee
Gekfters, for Fadden.
Asa tireo.-In the Dawes, Albion, Plillan; sod Commerce,
Thorp, from DobbirAt Soothwaid, Nautilus, Udder. from t be
Moose—Off Abibre,Harford,Clark.lhoen ditto. At Gottenburgh,
Ehra, Wooer, front Loudon...At Bengal, Charkften,
flora ditto—At Mika, Atalanta, Wilton, from Livcrpooi--At
lettodom, Harriet, Crain • and Caltlicot Cattle. from
ditto; }Aber, Omen ; liott;ptise, Lawton; Losifa. Worts;
Merery, Hume ; Alkv, Wilton; littler, ViUliano i Mad,
; and Pfinech Mtka.
The Norwell, 141•Keosie, from cbebet for Lipton. b left
in
the ittscr St. Lawrence.
A mnirey it petimied far t UR from Hut for Tonsilagen est
the td bittern.
1-4‘ Fire. William', of SisoJeriand, it &ore near Itcdear,
bat cipeded to be re
The Providwice, Owes. and the Wefts". Lott, of Soodeduld,
were wrecked on the York kite mart. 24th oh-
wan Died it appniotol to Cue command of the Lida frigate,
amiet the ortkrs of lard Kmll.

The /stamps Casalc Home. from Liverpool. has h&j=
issement se the coat of Africa, with ao loin cotter.
bee for a Frensheass ; the engasentent land for two Iniers.77a
bon verde have tanned confident& theme. •
The Chariton la! Indianian, Captain Welholoice, holt tor
des, is =feed at leo
The Weenvoleod, token, from Aisles, his hem tahla-and
retakes, end is salved et Barbadoes.
The Eat St Vincent, Anilines, is totaily led en the cc of
Africa. •
A Frani frigate end two corvettes are crifideg on the waft of
Africa.
Tice fifeape, Goodwin. from tfarcaftle for Osersky, was loft
on the 4th Wi. new landed at Patio:oath.

Tti TIU iiNTOR.
Sir—Having never feen any ftatement (poblifhal)
of the &Oration of hii Majeay's late (hip Summon
by the boats of his Majelty's floop Meatus, I pad
mit ydu the following extra& of a letter from an
Officer on board that (hip, detailing the bufuiefs,
which ream% the higheft credit on the condat of
Captain Bias TON and the gallant Officers and men
employed oa that tavice. I am, Sir, &c.
a 111 ITON,
" On the lath of December, being off Havre-de-
Grace, we were ordered by Capt. Omen, of his
Majefty's Chip Mar-romans, to proceed to the Welt-
ward in fearch of his Majefty's (hip Summon.. At
eleven A. M. on the 16th, being off La Hogue, we
difeovered her on (bore on the North point of that
harbour, about half a mile from Tatihow
within pittol.lhot of the beach, and under the guns
of three firong batteries; on Rending in bore to re-
connoitre her, we found was in poffeffion of the
enemy, and that they were bufily employed in re
moving her flores, and preparing to heave her off.
" Captain BUNTON immedietely determined on
attempting to deftroy,her ; for this purport we an
chored at five P. M. In La Hogue Roads, and Cent
the cutter and the launch, under the command of
Lieutenants Sweat:an and THOMPSON, and ltofidfliip.
fhipmea VAN NNN N T fen. and THOMPSON, with
prepared combuftibles, to let her on fire.. A ftrong
tide letting to the %award, it was near twelve be-
fore the boats were able to get in &ore ; on .their
approach to the Summon, the alarm fignals were
difpliyed on all the batteries, and were repeated by
a numerals body of troops that lined the beach to
prate& her. On the boats pulling up under her fern,
they were hailed by the troops: however, they pulled
alongfide with the greatea coolnefs, boarded, and fet
fire to her in three different places : the moment the
flames were perceived on More, a mot tremendous
fire was opened on her from all the batteries, and
whole vollies of mulketry were poured in on her
decks by the troops on the beach. By this time our
people (having fit her completely in flames) had
taken to their boats, and bid the fatisfation to fee,
Au the (hot which was meant for their &Oration,
inftead of annoying
them, was ailing them in the
deftru&ion of the (hip, as the batteries, conceiving
our peple were on board, were cutting her to pieces
with their (hot. At two A. M. the boats returned,
' and 1 leave you to conceive the pleafure we felt on
finding they had not a man hart in executing this
daring enterprise."

A Rom Gip is shoot to be placed permanently in
Cawfand Bey.
by the prefent outward India (hips, his blajelly
will fend a reinforcement of r coo men to Ceylon.
The Legiflatore of South Carolina has opened the
ports for the importation of negrom from all parts
of the world, the Weft India and Bahama Iflauds

excepted.
The recall of Mr. Limo stmt. the American Ml
sifter at Paris, was occafioned by a perfonal infirmit
of that Gentleman. He is, unfortunately, very deaf;
and when he appeared at the FiasT Consul:: Levee,
was under the neceifity of employing an Interpreter;
fo that no fecret bufinefs whatever could be traded-
ed on public days.
A defperate battle was fought in a field near Pad-
dington, on Tuefday, between a coachman. named
Rumanfon, and a labouring man of the name of
Donaldfon ; wlfen, after an obftinate coma of fifty
minutes, in which more zeal than dexterity was dif-
played, the coachman was carried off the ground,
having received a fevere beating.
One morning laft week, the following curious eir-
cumftance took plate at Manchefter : A tradefman
fufpe&ing a criminal correfpnndence betwixt his wife
and a certain journeyman with a wooden leg, who
wrought next door, went early that morning to the
journeyman's room, and having furprized them toge-
ther, deliberately carried away his wife's clothes and
the journeyman's wooden leg. leaving the lovers to
hop off at their leifure—the one waled, the other with.
out a leg
Late on Tuefday evening. as feveralpoor boys be.
longing to Highgate, were-fliding on a large and deep
pond oppofite the Gatehoufe, the ice fuddenly gave
way in the centre. and two of the children were un-
happily buried under it. As loon as the alarm was
given, and lights could be procured, an of flant to
an academy, oppofite the pond, with aftonifhing in.
trepidity plunged in to refcue the children ; one boy
WAS providentially laved, and the above mentioned
gentleman, after a long and perilous feareh under the
we, ficeeeded in bringing tip the body of the other,
though unfortunately too late for the purpofes of re.
fufeitation.
THE HANGMAN Ot/TWITTID.—A man CONtieled
at the laft Surrey Mires, for ftealing pewter pots,
was fentenced to be publicly whipped from the prifon-
gate in Horfemonger.lane, through the Borough, and
back again. Having no money to fee the hangman
to fuften the lath of Mice, he at IA hit upon an ex-
pedient. In the prifon there were feveral half-
(Flamm gin meafures, the tops of which he broke
off, and depofited in a leather pocket he had previ.
Gull! cut from his breeches. tied it up, and when the
executioner came to condi:el him to receive his pu-
nifhmenr, the culprit, in his way to the cart's tail,
flipped the pretended pude into his hand, exclaiming
—" there are nine half crowns, 'tie all I have in the
world, pray be merciful." The hangm.in took the
bribe with a (mile, and bade him keep up his fi •rits,
for he Ihould not be hurt. The cart then proceeded,
and the courequence was, that the deep one returned
very little the work for the flagellation. Upon being
delivered into the hands of the prifon.keeper, he
burft int., a loud laugh, and when afkeJ what made
him ft, merry ? he related the manner in which he
had bribed his chalkier, adding, that it would ever
be a fuhjell of mirth, when be refiettlei how he bad
outwitted the hangman.

rNTzurcnrci.

LENT ASSIZES.

IRD CUM Baum and Mr. lake Roots.
Monday, Much 3, at Northampton.
ridgy, March 9, at Datum.
ikokair. and City... Saturday. March to. at Lincoln. •
=liatreowdandTown—Thurfday, Much at Nottingham
rf. Marsh 17. m Derby.
Lalnenarnira and Baroolio.Wodsaidm, March Us m Loltdirz•
T, March sik at Coventry.
W°6=icthiastiait--Samc day, at Warwick.
HOME—Mr. BIM }LOTMAN. sod Mr. NUM MATO.
Hertfordibbe—Manday, March S. at Hatton].
Effet—Wednefday, Mina 7, at Chelmsford.
1406.—Monday, March re, at Maidtione.
Wiz—Monday, March 59, at Hoelbam.
Stingy—Wass:Way, March at. at IClognon•apoe-Tkanscs.
WESTERN,—Mr. Baron Tromrsow, and Mr. Baron
Bouthampton—Teciday, March 6, at Winchefter.
Wilts—Saturday, March to, at Sanitary.
Dorfet—Moinefday. Mara 5 se Daphelter. _
Devon, and City er ES Huth 19 at neater.
Carnetan—Saturday, arch $4, inanscclion.
ticencrfetibitn—Thadday, March ast. se nazism
OXFORD.--Mr. Junks Law ,andlik.ltiftior. La &ant.
Berks--Wedorfday, Mogan s 9, at lionleg.
Oafortilkirc—Satorday, March 3, at Oxen*
Oloomfterikire—Madociday, March 7, se Obsectitcr.
Mcsamonth—Saturday, March so, at Momareati.
Herdoedhdro—.Ted44, March 53, at Hereford
Shrollene—liannetay, March 17, at Shaewasury.
Besifordnire—Wednaday, March at. at nalford.
Weateleanist and City—Whistrday, Marrs op. at Wandler.

COCKPIT. WHMIHALL, MIK 9.
Before the holoß Noble and Right Hon. the Lords
Connniffiosiers of Appeals in Prize Cara'.
Holger Dander. Sink maller.—(An Appeal from
the Cape of Good Hope. ).--This Ship, laden with a
cargo of coffee. fogar, indigo, cotton yarn, fpices,
snack, and other at ticks, on her return voyage from
Batavia to Copenhagen. was, on the 28th of ptens
her, 1799? taken and feized by the private Stip of
war Harriet, William White Commander, and ear?
ried to the Cape of Good Hope, and was proceeded
againa as prize in the Vice Admiralty Court in that
colony. It appeared that the Ihip was named by
content of the captors, referring the quellicia as to
freight ant ezpences ; that on the 28th of September,
113ot. the caufe came on for hearing before tbri•Judge
of the.Vice-Admiralty Court, who condemned the
cargo as lawfoi prize to the captor, and on the fame
day pronounced that treisht and expences were due
to the owners of the (hip, and direded that fuch
freight and expeoces be made a charge upon the
cargo. From which decrees, it further appeared,
the claimant and captor had feverally appeared, the
claimant from that part of the decree condemning
the cargo, and the captor from the Judge pronounc-
ing freight and expeaces to be due to the owners of
the Stip.
Their Lordflrips, after hearing_ the Collard on
both fides, armed the fenteoce of the Judge below
in refpea to the cargo, but reverted the fentence as
to freight and ezpences, and pronounced that freight
and expeoces were not due to the neutral maier.

COURT OF COMMON FLEAS, FEL S.
CIATIPING O. MYSILS.
The plaintiff in this cafe, a timber merchant, hay-
ing fold the defendant a quantity of wood. received
three notes at different dates for the payment of col.
they were all written by the defendant, with his own
ink, and accepted by him. Shortly after they bad
been in the plaintiff's polar* they were obferved to
their appearance. the letters on one for 251.
near y difappeared about the time it became due,
and it was difinvered that the ink with which they
had been written was a chemical preparation, that
after a time left the paper without any traces of
writing. The two others were in a fimilar Rate. The
bills of parcels were produced by the Plaintiff's clerk,
and proved the delivery of goods to the amount of
the note for 251.
Lord At. AAAAAA obferved, that 0-- manner in
which the notes had been given appeared as fraudu-
lent a tranfailion as ever he had witneffed. His
Lordthip fail, it was a kind of fraud he bad never
before met with, it was of ferious confequence to the
trading part of the community. The notes being of '
different dates, te only one du was that for 21:
for which the prehfect tation was brought. Verdia
for the plaintiff.
g.—HAP. AN o. WALTIRS.
This very important cafe this day received the de-
cifion of the Court.
The Plaintiff, Captain Newman, was a paffenger
on board the (hip Betfey, bound to the WeR Indies
in the month of April. 18os ; and, as we have al-
ready Rated, by his exertions brought her into port,
when deferted by the Captain. The cafe having
come to be tried before Lord A and a
Special Jury of Merchants, at Guildhall, in the fit-
tings after lea term, the Jury found, that after the
had been deferted by the Captain, the Plaintiff had,
at the requefi of the paffengers and crew, taken on
himfelf the management of the retie' ; and that by
his (kill, indufiry, and exertions. the had been con-
veyed fate into Ramfgate ; and, on this finding,
gave a verdi& for the Plaintiff, 4001. damages.
Mr. Serjeant Co.:KELL having on a former day ap.
plied for a rule to thew caufe, why a nonfuit Otould
not be entered in this cafe, the Plaintiff having done
no more than was incumbent on him as a paffenger
On board the relief, which he was bound both from
motives of humanity and from regard to his perfunal
fafety, to do every thing in his power to prefctve.
Mr. Serjeant Sic [PH SSD (hewed cattle againd this
Rule. He apprehended that the finding of the Jon.,
on which their verdict proceeded, atiorded a (nth-
cient anfwer to any argument which had hem or
could be adduced on the other hide. This was not a
mere qut Rion of falvage, but a claim for a cnmpen.
lotion for uncommon fervices. The natural call on
every perfon who might happen to be a paffenger
on
board a drip, to give every affillance to the Captain
and new in prefer ving the vedcl, could nut be denied.
The prcfent, however, was not a cafe of that kind;
here the Plaintiff had perfotmecl no comrurti or or.
dinary fervice ; he had not in this cafe been called on.
as a common palTengcr, to lend his &Mance in
pumping or hauling a rope. He had not merely
affilled the Captain with his advice in managing the
weird, but, after the Captain had abandin.ed
his
charge, under the belief that the (hip would irrme
diacely go to piece. ; at a period of extreme danger.
when the pilot was incapable of performing hi. duty,
the Plaintiff, at the tequel of the pagfengers and
wrest, departed from hi. private ILltiOtl on board the
[Lip, and r kon him the ntuaticn and tallaoufibilizy

•
of its commander. Foe kis terrine sad Cl in this-
flotation the Jury had farad him entitled to
flat part of the Rule which charged 4,
as endive the Court bad refiskdr
_006411
be unneceffary for him to eats altr=rka• 114
ergs:xi:sof his Learned Beecher tagi% the.
the Plaintiff, having bten on board the tea at
ti
time the accident happened. and sot having &aloe-
teered his ferviees from on Chore, could sot be entided
to any remuneration. That, however, peffessers
were not regarded in this light, but that they
perform Cervices for which they would be espded to
compenfation, he could flie-w from different edits.
determined by Sir William rcots in the Court ed Ad-
miralty. He particularly addsced the cak of the
Ship Two Friends, captured by the French ; thiCas-
lain and crew, *flirted by a pafenger of the steam eje•
Miller, having rifen on the captors. and retake:B.llllv
veal, Miller brought an action for falvage, Bads
covered. He quoted alfo the cafe of the Chip
In both the claim and falvage was funained. on the
ground that the claimants greatly exceeded what
was incumbent on them in the difcharge of their
*duty. I'hefe cafes, the Learned Serjeant contended,
were clearly in point. The diffineinn between a
refcue, which was the cafe in the inflance to which
he had alluded, and preferring what, had bees given .
over as loft, which was the cafe now before the
Court, he was at a 14. to fisure. The Captain of .
the Beaver had recovered his veffel after it bad be-
come the property of the French ; the Plaintiff by
his kill and CACTtitall had fared the Beaty. after it
had been abandoned by its Captainotad beta Awned .•
the property of the devouring waves.
Mr. Serjeant HAYWOOD followed on the fame fide.
Mr. Serjeant COCIALL, Mr. SerinDY BAILLII :ad'
Mr. Serjeant Best all (poke in reply. The cafes
inflanced by Mr. Serjeant Snaresas, they maintain-
ed, did not apply. In the cafe of Miller, be was
found entitled to falvage equally with the Ca tail.
Now, here. the Captain could have been entitled to
no fairest. In the other cafe, of the Captain of that
Beaver, the craw who Ailed him. ware alto found-
entitled to falvage, yet it was not contended that in
the preterit cafe the crew had any claim, although
it was obvious that unlefs they had executed the
Plaintiff's orders. the veffel couldnot have bees fated.
The argument of Mr. Serjeant fiAYWIOD WADAiI W.
length even of Laying, that the crew were here es:
tided to falvage. How dangerous furl a doeifses
mull be it was nnneceffsry to (tate. The Lygillatme
was fo well aware of it, that it had declared any vie-
wer& or petunia entered into by the Captain with the
Seamen, during a norm, void and of no rift& It•
by no means found that where a petrol., in endea-
vouring to effeeaate his own fafety. kept by the flip,
and the came into port. that he Should ID that event
be entitled to falvage for the Chip. As to the idea •
that. the Plaintiff might have effeenated his fafety by
taking himfelf to the long boat. that they aimed,
and maintained that the crew would not have been
entitled to allow him to carry it away. The Plaintiff
in this cafe had merely exerted himfclf for his own
fafety. If. in doing Si,, he benefited soother. be was
not entitled to any remunerauou or mangiest* so.
that account.
The Court were clearly of opinion that is this is.
fiance, a very important and meritorious Service had`
been performed by the Plaintiff. lie had gone be-
yond the duty incumbent on him, and had incurred
a refponfibility 'for which. had he seed emirs, he
might have been called on to anflrer. Oa vids_
ground, he was undoubtedly entitled to a remunera-
tion for his cervices—Cervices to which the preferva-
tion of the tbip could alone be attributed.—Rule
Difeharged.

COURT OF /ONO'S BENCH, FED 7.
CRIDISM•L INFOILDIATION•
Mr. Mannar moved for a Criminal Information
againft John Benham, Overfeer of the Parith of New.
ton, in Berkfhire, for refuting relief to a pauper. It
appeared from the afidavirs, that an out Reamer
of Chelfea Halpin!, named Gorman, and travelling
wing his pals, fell tick in the peril's of Newton, with
a pleurify in his fide while be lay upon the gronnd,
writhing an great agony, the Overfeer was fent for,
who, on his arrival, demanded of the tick (oldies if
he had got a pats ? The foldier produced his pars.
and entreated a place to red in, Paying. he was un-
able to travel further. The Overfeer replied, that
he did not care what became of him, and, whether
ill or well, he mutt ger on to the next town, New-
bury ; that he would not relieve him. as he never re-
lieved any one. With there obfervations be left
him, fill giving him a penny, remarking. that he
never (hould get paid again. The poor feldier es.
erted the remainder of his arength, and in four
boors after reached Newbury. a dilisr.ce only of two
miles. Here the Mayor, with great humanity, or.
dered him medical affifkance, and ev:ry attention.
but it was too late—he languillsed from the a3d of
November till the end of January, wlien he died.—
The Learned Conniel further obferved, that the ap-
plicati..n to their Lordflrips war made at dm imme-
diate intlance of the Mayor of Newbury, who not
only wilted t. refcue the parilh of Newton from the
imputatiun cad upon it by one of its Officers, but
alto to jounilk the party for his ext:tirte inhumanity.
Lord ELLIIIDODOUGII obferved. " If the man had
died immediately after he quitted Newton, in (bat
I cafe it would have been a fit fubjeft to call for a
Criminal information ; but. as it was. the cud tc-
quired might be obtained by indictment."
, The Court acquicfced in this opinion. and Mr.
• Masnsr took nothing by his motion.
►I 1111.U•11.7 8.
PAYIII O. DREW, SMIIIIFF OP DO 22222 HIM
. . . .

,
Lord ELLIIIIIKIROUGN pronounced the judgment
of the Court in this rank. It was an aaion for a
falfe return to a Writ of Firri trued again*
the goods cf Charles Stott, Efq. upon a judgment
for =col. Thc goods were taken in execution, but
afterwards reamed by the Shelia*, in conlicrence of
their haring been feqiteitered by the Court of Chan-
cery. It appeared that the order of frqueßratios
had been fuffercd to remain dormant, and had never
been put in force previous to the Writ of Firri
ciao having been dclivrred to the Sheriff. The quef-
lion thrtetore was. whether the esift-nceof an o-der

of frquearation, upon which nothing had been dune,
and t,t which no notice had been given. will an ex•
fe to the Sheriff for not executing a Writ of Fieri
FJciat I His Lot dfhip, after ei deg a variety of air
thorities, Rated it as the opinion of the Coon, that
the &miff, *rosier (uch sircuniltasees. was not itsii•

iii...ifoffiraftwit;'nimel that the verdkl
........-
tte.,...r 'WM, ,
.. iilfe: r
t 'AU! V. THOMPSON.
3odginent.wis alto given in this caufe. It was a
writ of error upon a verdiet in the Common Pleas.
The adion was brought on a comma to perform a
voyage' as a mariner on board the Aquilon. from
Pngland to Peteribingh, and back again, at 51. to%
per month. The fhip was detained by virtue of the
ernbargcslaid upon all Britills velfels by. the late Em-
peror. of !USA, and the crew were marched • rip the
'country, but were afters% ards 'cleared, and returned
with the Thip and cargo. The 'lngle quellion was,
whether the Plaintiff was entitled to wages for that
period, duringtwhieh the veffel was detained ? Lord
Et.t.airiosovoir delivered the ()pinks% of the Court
much at length, and referred to a variety of cafes in
our own books, and in the writer on the laws of
nations ; he concluded by obferving, that the eon--
tree between the Plaintiff and Defendant was to be
eonfidered as being. in force from the cornmencement
of the voyage -to its final determination; that the
Plaintiff was entitled to his wages during the time
of the embargo, and that the lodgment of the
Court of Common Pleas in favour of the Defendant
mutt be stverfed.
TIZIOART 9.
TVS ESSIMp AT THIS pROSVCI/TlOll OF CHAIM'S WILD
LIAM TATLOIt, 15410., SMARM SPASM, GANT.
The Defendant was this day brought up to receive
judgment far hating publifised a libel, in the writing
of which offence he was convicted at the laft Mites
for the county of Sonstrfet, held at Bridgewater.
Mr. Pets, as Colloid for the Defendant, addref-
fed the Court, and fisted two affidavits, one by Mr.
Borland and the other by the Defendant Wadi; in
mitigatiod of poniflimornt.
16. PILL did not deny bat that the paper.in quef-
which occafionee his client's 'ending in Court
fituation‘coutained coarkand offienfive
- were CTMAiII circumfittnees attend-

two, -
to hiser:A prefect ..
lvim
log the tradediore n which he hulled Would induce
the Coon not to confider Mr. Spencer in the light of
• heinous offender. Mr. Taylor was a fuecasful
candidate for the City of Wells on the hi Elation.
Speixer is an stator and an officer in the corpo.
radii& Os a former occafiois he bad (imported Mr.
1:21.1s. With hie vote and. Wendt ; but between that
Mid the kb Elation *occurrence bad taken
bseltieb altered Mr. Spencer's opinion of Mr.
;eipriociples and pretenfians, amnia that
ti could not, as a moral and coofeientions man. fup-
peet bins on the let EleCtion' or fairer his fellow
'beim to remain ignorant of the fat, which is on
dm swords of the Court, for in the interval bet Ween
tbe period at which Mr. Spencer had voted for him
and the lalt Elation, Mr. Taylor was a Defendant
i 6 Mt atiop for Criminal Converfation, tried before
Lewd ganyou. and'a vadat was found againa him,
eritkstimagke twin amount of 50001. with the entire
tints and fatisfaition of the Learned judge.
of the inconveniences attending guilt is, that a
general impreffion is often made to the difadvantage
of a psrfon convicted of a particular crime. Mr.
Bremer in the printed paper reprefented Mr. Taylor
as a tonviaed adulterer. SO far the language of
tim PaPer: however thong, was unqueßionsbly true;
but be alto, 'Mr. Pau. admitted, charged him with
hag it notorious gambler, polkaed of every vice,
villtont'a fingle :binary victim, and that he bad been
in the eontant pratice of grinding aod opmelfing
t oor..Thefe allegations were perhaps unfounded ;
at all events they were wrong, very wrong; but his
client. Mr. Spencer, fuppofed them, however eITO•
moody, to have been true: Mr. PILL hoped the
Court would confider, that when a Gentletaan be-
come'' candidate for a dißinguillted and honoura-
ble fitnation, a fervent of the public in Pattie-
isent„be: invites, be provokes, and is fairly liable
tsi hare objeaierns. if any exill, made to his cha-
n*o and conduit. This principle wu admitted
at• the trial below by Mr. DALLAS the Profectunr's
Convict. After the publication of ;he paper in quer.
timer it was mentioned by Mr. Taylor, at a meeting
of i Corporation of Wells, that he bad been libelled
and abofed, but that he had no oblation to forget
and forgive. But Mr. NIA obferved, that by pro.
fecutingrafter tbefe profiffion, of charitable feelings
of good nature, it was rather fevere of him to in.
Route a criminal' profecution. Had he brought a
civil *pion. Mr.'Spencer would have had an oppor-
tunity, of which he indubitably would have availed
binsfelf. of pleading a plea of jollification of she
'treater part of the contents of that paper. And Mr.
Taylor had himfelf publifbed a printed papers not
indeed mentioning Mr. Spencer's name, but clearly
alluding to him. in which paper he lays, that if Mr.
Berland, for whom he profeffes greal rape°, had
heen invited to Rand a candidwe by a number of re.
freebie EleAors, he 110131.1 not °bawd his canvas,
but. the paper adds, he is fupported by a man
whole kurrility is an honour to the objea of it, and
whole approbation is degrading."—Mr. PILL (aid,
that Mr. Spencer's affidavit charges Mr. Taylor wa,"
having alluded to him in that ralf.lge. and Mr. Tay.
for has not thought proper to deny that charge, or
to aufwcr Mr. Spence'. arida. it, which WO tiled
ball term, and in which he hates that he and, at the
time of the publication of which he Rands conv;aed,
and Rill does believe, the contents of it to be tric.
Mr. PILL then prayed the Court, that the fitua.
lion of Mr. Spencer might be taken init. cr,nfsder-
tion. He its a moral mass, and publilied the pa,
at the eve of an eltaion, to call the
:ellow claims to fa...s vi 11:eb I.e believed
And thought Wolfed' bound to pronullgate. I 1. a
fnrypon of ern:ne ver. Hie mope-, y c•uslids
is the profits of his profeffion, and he has a wife ....RI
largeamily. Mr. l'arlor has not been injured. lie
Sepreents the city of Wells ;my Lord, faid Mr.
kelt, permit me to add one word for nsvizlf—:f the
langusge I have ufed appears to be too itroitg,
thar the animadvetli.nt .:(the Court may fail r.rs
roc
iralifereet zeal, and that my client, who i. innocent
of nay language, may not (offer be it.
Mr. DALLAS, on die oppofite fide,
client, Mr. Ta-lor, is not of a vineln',ive difpoll.i.
nod does not wilis.for any further degree (eve: r:y
to be exercifed on rise defendant bet..nal what the
Cleft may think sie:cirary, for the patty 0-
lice and order. 1.1,. TAyloti ilitliCJ:Cd. 111..!:i•
tidily, a good natured and hurnaue ', At
riteeti.l7 oldie Corporaiion of IVclis,to t, Lich :Ir.
Dat bow warc lilt cvesturas ;:ce;.cj

It

tl.at

So far from producing a iimilar difpdition on the
part of the defendant, he (hewed fuch fymptoms of
ill will, that his friend, Mn. Borland, u appears in
his affidavit, thought it right to keep him by foam to
his feat, and to Under him from (peaking. .Mr.
Spencer. who alone knows what his own thoughts
and feelings were at the time, does not venture to
(wear, in his affidavit, that the with fur oblivion of
anintofity was mutual, or anfwered on his part by
any conciliatory feelings. Mr. Pell has deftribed
him as a ma &a! man. I hope, Paid Mr. Dallas,
that he has not learned in the IVA Diary tQ
mis up many Inch eleauariee as the lite' a gwjlioa,'
adding a pound of falfelmod to as ounce if beide—
Mr. 1 aylor has, at an early period of liffifubjedt-
ed himfelf to the aelioa alluded -to and**. paid
heavily the penalty of the law. Is theta reafbn why
a printed libel ihould be written by defendant,tbCnt,
who went to Bath, twenty miles from V 9
ploy a printer. payirg to his want the wages 4 f his
wickednefs—that he thnuldcaufe tlis infamous libel,
charging Mr. Taylor with grindi4 the poor, to be i
di II riboted by bunterkand beggars to an eleition mob,
in the city of Welh....a libel with a fictitious firm.
tore, the fabrication of a mean and a malignant
mind ; a libel aggravated by the affidavit he has
fa/or:Wince his eonviaion. He did aot wifb.however,
nor did his client, for vindictive puniihment I—his
duty prompted him to reply to the obfervations which
. had fallen from his Learned Friend, Mr. Pell, and
he left the admeafinement of punifinnent to the wiP

dont of the Court.
Judge Gauss remathed, that although the &fen-
dan't Ceenfel endeavoured to knee him from the
effects which he apprehended the language he bad
tifed might produce in the mind of the Coen, it was
clearly the language of the defendant, probably firg-
g4eds and certainly adopted by him, as be might
have "'drained his Canard from continuing iu The
libel' is grohly makweleat as& isfamous ; and the
plisse and the oceafron upon which it was circulated,
aggravate the offence greatly, when it is confident',
beer Allah it is to prekne the public•peace at eon.
tele& de on. He we* detested to pay a fine of
tool. and find lisreties to keep the peace for throe
years. The line was immediately paid, and feturity
given.
Joey 111111111•11, JAMS NIWSONII;DA11111. 1111113011,

J. POTTIS, J. NOTTAOI, AID °THUS.
Meffrs. Gettaow aad COURT, on the behalf of Mr.
George Heron, applied for a Rule to 'hew catife why
a criminal idertnation &mkt not be filed again
thefe Defeedaats, who are eminent fullmongen, atwil
who are Ratedto have endeavoured to obfirsta
Heron and others, in the condo& of their trade I.
the &In markets. Under the 39th, 4011 i, atfi, and
atd of the prefent reign three markets, in the Da.
rongh, in Leadenball.fireet, and in Whiteehapel,
were eftablitheet and proteited for this trade. It was
contended, that a caufpiraey was formed, to esclude
the country dealers from the fair intercourfe of theCe
markets.
Lord E LLLLL oacovon."44 If you can proceed a
little further in this bufinefs, and acquire the affidavit
of Conte perfon who was prefent during any of the
proceedings of the confpiracy, you may lay a foun.
dation for your Rule."—Rule refufed.
MILS' MIR LLLLLL TON, 11104 D. LORD PITCI.
This was an application for a new trial, on a canfe
before Mr. Baron Tonwrsoa. It was on as iffee
directed by the Court of King's Bench, to determine
whether a certain common was s% the manor of the
Plaintiff or in that of the Defendant ? Mr. kalif.*
Le BLANC read the minutes of the trial.
Mr: Pease, in fimport of the verdia, which went
for the Plaintiff, recapitulated that part of the tefii-
mony which tended to ellabliffi that the right was
with the Plaintiff.
Mr. Seejeant Comma., on the contrary, argued,
that the Jury gave their verdia again& the weight of
the evidence.
Lord Etiteatistwoo..-1, I think plaice has not
been done in this verdia, for there feems to be inc•
frarable evidence of the right of foil on both fides."
The Rule to be made 'Volute, 4, if the parties do
not come to Come arranement.
WHARTON O. YOUNG.
This is a matter of great cenfequence to the free.
dom and purity of eleftions. The eaufe was tried at
York, upon the Bribery Aa, and the fir ft count was,
that the Defendant, not regarding, Ike. the (lattice,
in fuels cafe made and provided, did corrupt Aleran.
der Greefon to give his vote for• Ralph John Lamb.
ton, and Michael Angelo Taylor, Efqrs. by a promife
of 71. &c. when a verdiO, under the direation of the
Judge, was given for the Plaintiff.
After Mr. Serjeant Coca ELL bad been heard in
fupport of the verditl,
Lord ELLEVIOROUGH Paid, gr This is a matter of
great contequence, and I do not approve of having
it decided on a mere application for a new trial. If
the Learned Judge will put his direition down, we
may have a bill of exceptions. We ought to come
to fame decifion which fhould bind all the Courts in
1

At the late (turret Settions in Glamorganthire,
the groom and footman of 13•MORL MARIA A if, Efq.
of Penny Darran, were convifted of felony, in Seal-
ing porter, by means of a fulfe key, from a cellar in
their matter's bottle, and fentenced to liven yews
tranfrttation. It is hoped this fentence will tend to
remove the notion entertained by fervants. that to
porloin their employers viaoals and drink, when and
w'.-re they can, is no felony.
re.Rnin DOLEARt.-...Wedfillljay 70/PR Lrry was
I charged before the I.,`RD MAYOR, at the Mancuso
Home, by Mr. Parkins, pawnbroker, in llithoptgate•
fireet, stilts Oared, that on Tuetday evening he was
aPPli:d to by the prinmer, who informed him that
lie c,•111.1 ae.omndare him with two or three pound--
worth cf. iiamoed dollars, which, from the fearcity
of laver, Mr. P. Win willing to take; but, on looking
dole!), into them. he obferved a difference in the
(Loy, and nu fccitT the tame tlamp upon a Ruffian
corm, he Itifpe&cd them to be forged ; when he de-
tained twelse, and fent for a conftille, who fearched
him, and tound fiventeen more of the fame fort, and
one of bile metal. Sapwel!, the contlable, produced
the dollars. His l.nrdfliip ail..ed the pritoner how
lie came by them vitet replied, that he was *dealer
in vatchcs, mac. and had received them from two
s at Hiiule, in exchange for two
IVALC:Iec, stir': tart,. to -1. :yid ficict•it having the
!call kn.-, •-• • lurgi.d llami . His I.nrd(bip

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re,rr,vd.7d hint • toi

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