Star.
London, England, 1803-11-08 00:00:00

COURT OF KING'. BENCH.

The return of the Bate of the convies on board
the hulks was read, frum which it appeared that
they were in general orderly, and in good health.
Mr. Easels* moved for an Attachment to be it
fued againft Mr. Wan. Wilton for Contempt of Court,
in not making a return to a Writ of Habeas Corpus
itlited to him, commanding him to bring up the body
of Elizabeth Woodward, an' for milting a moll
ofdy falfe and impudent returti.mstbat Habeas
Corpus; or rather fee not returning k in due time,
few that was the foundation of this Motile. ' The
Habeas Corpus was lined upon an Affidatrit,-kiling
eircumflances that were feandalous and naufeoul to
repeat. Mr. Wilfon had got into his potTefhon and
cuftody an unhappy young woman on the tsth of
May left, who, with two embers, was entitled to
achoool. and it was not too much to foppofe that this
awn had a view on this young woman's property as
well as her perfon. One was always extremely glad
when guilt was afeertained, and it was proper that
it Could be made as public as poEble.
This Habeas Corpus being Mind, direeed to this
',dine. commanding him so bring up the body of this
young woman, be was traced with her from heufe to
boufe, along the road, until they were 101 l in the ob-
feurity of this Metropolis; anJ it was found that he
bad given dirations to drive to Come Bagaio, is Co.
vent Garden. The Writ was (erred on him on the
sith day of OCtober, by Mr. Michael Lane. Clerk
to Media. Rhodes and Co. This Gentleman came
to London, in the fame coach as Mr. Wilton, and
overheard a converfation between Aim and the
coachman, who had the care of this young woman's
bonnet. This Writ having been (erred oe this per-
fun on the ithh of Olober, be made no ?slurs; of it
until the ssd s and the return he then made was
Moft grofs, and impndently falfe but it ivas not the
falfebood of the return, but the Contempt of Court,
sipna which the prefent /disarm was founded ; and
the Contempt was in the &las', for he did not make
that return until the and of that month. At the
time he was (erred with the Writ of Habeas Corpus,
he had this )oung woman at a bongs in Welbeck-
ftreet. The learned judge before whom the Defen-
d:sat was brought, was fa defirous to releafe this us.
happy child from her unclench* captivity, that he
espottolatad with the Defendant upon the great ins.
prepriery of his eondua, hot foe want of Jorifdietian
could go no further, and b-re he could not help hop-
ing this was an imperfeEtion in the Law which would
tut long remain ; perhaps this cafe might 10C rife
to an improvement in tat refpsa, foe Laws were

often male enact the emergency of the eafe.—The
Habeas Aa itfelf was made out of an emergency—
the alteration which, he Clic!, was wanting in the
Law, was, that when the Judges had authority to
;due lIIC W,it of Habeas Corpus in Vacation, they
Ihould have in Vacation alto authority to enforce
obedience to fuck Writ in like manner as the Court
had. The Learned Judge appeared to have ezpoftu.
laced with this man, and to have enteavoilred to
prevail on him to do that which the Law could not
then force him to do, which was to deliver this young
•woman up to her friends. He brought her to the
chambers of Mr. Chippindale, his Attorney, who
was lo difgaed with his infamy that he would not
be concerned for him any longer, if he would not
give her up. This unhappy child was now in the pof-
lawn and cofiody of this man, and there were no
means, but by thi‘application, to procure her deli•
verance. The foundation of this motion was the de-
lay in returning the Writ.—He was ferved on the
18th, and He made no return until the aid.

The Crier JUITICI aiked if he returned the Writ
at lalt ?

Mr. Easatas laid, " Yes, he returned that which
was mutt grofs and impudently Life."
Mr. Julltee Lawaswel, " That (he was not in his
cuandy or power, and fo on."
Mr. Eassams read the return to the Writ, "That
fume the let vice of the Writ the was not in his cut:
%Oily or power, nor was (he fubjed to any controul,
but was free from any reftraint whatever."
Carr JusTice, " There was no time necelfary to
delay fuch a return as that."

Mr. Jutlice Lawaucs, " I think it worth while
tnr the friends of this young woman to make an al&
davit of there fath, and to lay them before the Court
of Chancery, and then the Chaneeflor, I have no
doubt, would make her a Ward of that Court, and
then (he would be under the care of that Court,
whole order could not be evaded by a falfe return."
Rule granted to flew caufe why attachment fhould
not aut.

CRTMINAL tK►Ot►llTtt't.

Mr. Gaattow, on the part of a Gentleman of the
name of Lewin, moved for a Role to thew cattle
why a criminal information thouldnot be 61edagainil
*neither Gentleman, whom he did not name, for
very groll mifcondu&, by challenging hint to fight,
and perfevering to endeavepr to pprroovoke hint to a
breach of the peace. Thais area were in the
terms of vthting each other, and the converfatioa,
which gave rife to this application, took glace it one
of there 'irks.

Lord Eataasottovaa allied What the fituation of
theft parties wail
Mr. Gaaaow aid, the Gentleman again!! whom
he moved, had a fituaalon in one of the public of-
fices, and was a man of fortune. His client was a
wine merchant, and a very refpatable Gentleman.— I
Rule Granted.

Mr. Isevis toyed for a Rale to thew eat fe wit
.a criminal information fhould not be exhibited again('
a Gentleiiian of the name of Morfum, who Pt a Ma-
gifirate at Whitby. In Match laft, Captain Hol-
den was appointed 'by the Lords of the Admiralty
to fuperintend the railing °freemen at Whitby. He
applied to Mr. Morfum, who is a Magifirate there
and alfo a ihip owner, (which feinted not to be as
immaterial obfervation), be called on him, as the
Chief Magiftrate, for countenanceand fupport in that
'molt difficult fervice. He begged leave a higgeft
to him the abfolute neeeffity of fweariug in an ad.
ditional number of conftables, without which he was
Pure he fhould fail. Mr. Morton' faid, the rich men
were under the tante obligation to go as the poor,
and that it would be difficult to make them aft, and
he refuted to give him any affiltanee.
On the ifth of July tail Captain Holden, in the
execution of his intirations, went on board the brig
Oak, then lying at Whitby, and impreffed nine lea.
men, who were liable to be preffed. The feamen re-
futed to go with him, and armed themfelves with
harpoons, knives, and other weapons:---they were
encouraged by the mob, and made their efcape.—
The Lords of the Admiralty were defirous to prole-
cute the offenders, and to bring them to juftice ; they
gave initruitions to Captain Holden to that effeei.
He called on Mr. Morten', and Rated to him the cir-
curnitances of that oqtrage, and urged hint to iffue
warrants againft the perfons concerned in that out-
rage, and who had relcued thofe whom he had regu-
larly impreffed ; but Mr. Morfum pofitively refuted
to grant any warrants, hecanfe he thought prefs-
warrants were illegal. A Mr. Marffiall, an attorney
and Clerk to the Magiftrate, Rated his opinion in fa.
vour of the legality of pref. warrants ; but this Ma-
giarate perfiffed in his refufal, and deGred them to
apply to him only for warrants in cafes of murder
and felony. In confequence of this refufal, the Cap.
tain was obliged to go to Gainfborough, a diftance
of so miles, before he could obtain a warrant ; and
in contequence of that delay, none of them were ap- .
prebended ; and he believed they might have been
apprehended, if Mr. Moguls tad dined a'svarrant on
the 410.
Lord Etasesoaovou.—" Take a Rule to Ow*
caufc."