Star.
London, England, 1803-12-29 00:00:00

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Li;' TELI ICENGE.

couRT OF KlNu's DEC. 14.

•!.1, A'ID OTHERS V. LkWls,l:.2

Mr. LasniSE bated, that the matter in cafe
for the confideration of the Jilt y lay in a very n..r
row conipal:. Ile had no tli:'potitiosi to declaim
a,gaintt•any of tile Oilicers of iris Majel y's Navy, t,,r
si t man living was more fen fible of the important ,tnd
meritorious in vices teadzred to this country by
thole brave and gallant men ; he only complained r.f
a lots that had fallen urn hi, clients, in come
ntience of an illegal an of authority exercifed by ,
Ciptain Lewis ; and if that aft s‘ j•ltt,ifini by
Law, it mattered not whether the Defendant thought
be was jullitied in law or not ; it was nothing to the
Plaint:4% whether he thoozht lie was afting tight or
not. It was enough if he had no authority for doing
the an.
This was was an aaion of trefpafs brought by the
againtt the Defendant, to recover a fatif-
fittion in damage's for illegally detaining, for a great
length of time, a velel of the Planitiffs' called the
Eliza, in Port Mahon. This veil-el had been fitted
out for trade in the Mediterranean, and had been
fartunate enough to take a prize, and the prize of
that prize,- and carried them into Cagliari, the ca-
pital of Sardinia. In coniequence of that, a repre-
fentation was made by Mr. Jackfon, one of the
Plaintiffs, who was upon the fpor, to thole who re•
orefented his Majetly in that part of the world, to
ttte Britifh Miniller, and to Lord Keith, and by
'at means orders were given for the rellitution of
t ie prizes But owing to the French taking pot
f :on of Leghorn, it became neceffary for the Eliza
, put into Port Mahon, and there the found this
Gentleman, Capt. Lewis, who commanded his Ma-
jetty's (hip the Minotaur. Two pet-Inns of the names
of Gray and Roberts, had fame time before that
been impreffed in the Eliza, and carried on board the
Minotaur. The Ifs .-1* there men was a follicient
lois to a merchantman, without Itiziag the (hip it-
felt. After the Eliza was prepared to go to fee,
and had adually failed nut of port, The was
b .arded by perions fent in a boat by Captain
Lewis, and the Captain of the Eliza, whole name
was Dun, was brought on board Captain Lewis's
(hip, and was told, that wilds the wages that
were due to Ode two impteffed icemen wets paid,
and their cloaths and tools returned to them, that
the Eliza would be detained. This Captain Lewis
had nothing to do with. It was a matter entirely
between thee two men and the Owners, whether
they Mould recover their wages and their proper.
ty ? Captain Lewis *Turned to himfelf an autho-
rity which undoubtedly did not belong to him, to
detain this vette' on that account. He loon found
be had no jollification for detaining her. He pre-
tended-that he had aided under the orders of the
Vice Admiralty Court :--that Court had no right to
give him any orders to detain that (hip. That wait
under pretence that (he had or. board a defective
letter of marque. This &felt was merely made a
Balking horfe, and an or .0) lath, jollification for
the condo& of that Gentleman. The velfel was
detained feven months, and it was for the lots Cur-
tained by that detention that this ation was brought.
Capt. Lewis had pleaded a number of things in his
jollification. The Plaintiffs bad admitted all the
fads, and raid that they did not amount to a
intlification in Law; but the decifion of that quef.
lion was tobe left to the confederation of the Court
of. King's Bench. He lhoUld prove the ad of de-
tention. This was in its nature merely a Writ of
Incpairy of Damages. The Defendant could not
pbly go into the nature of thefe pleas by way of
mitigation of damages; and fur this teal-nth that it
was a rule of law that no matter could be alledged
in mitigation of damages, which, if pleaded, would
amount to a jollification.
Lord ELLItIIIOIOOOII laid, he could take no no
tiee trf thefe pleas, fitting at Ni 4 Prins, but only of
the naked geacral iffue, which was the iftte he watt
to try.
Mr. &SKINS raid, he thought this might be very
properly decided before Come private tribunal, arid
that he was altn /serially ready that it (hould take
that cowrie.
Lord Etasasuaottas (aid, this was merely a writ
of inquiry of damages, and that Captain'Lewis was
refponfible for all tne damages.
Copt. Dun, the Mailer of the Eliza, was fief ex•
mined, and proved the faas Rated in this opening.
On his erofs•examination he admitted, that if the
wages of thefe two impelled feamen had been paid,
and their clothes and tools returned, that the Eliza
might have failed the nest hour. It was alto Rated,
that the letter of marque was not renewed when
Capt. Dun came en board the (hip k•—bat the old
letter of marque was insiorted over to him.
Lord Esassanaotion laid, he was not prepared to
fay he had a right to flop her becaufe the had not a
letter of marque.
Captain Duo faid, he told Mr. Jackfon, that in
cafe the money was paid to theca two people, that
the veffel might go. One of thefe men was the (hip's
carpenter, and bad left a hex of tools behind, which
was alto infillid upon. Mr. Jackfon laid he would
not pay the money at that time. Capt. Lewis failed
in the Minotaur, after this, in a day or two, for
4114
The next witnefs was Mr. Stewart, the Mate, who
faid they were ready to go to tea in the,beginning of
November, and were prevented from failing
by Captain Lewis; they did not fail till the 2 tit of
June. tflot.
Thomas Orkwart fait!. he was a flip's looker, and
knew the Eliza. He believed the was of the burthen
of one hundred and ten tons : the had eighteen men
• I board. Veffels were hired in the trait fport let vice
at thirty (billings per ton per month. It was much
Higher in foreign ports, but how snuck he did not
kaaw.
Lord ELLINISOROOGN faid the Plaintiffs had not
!hewn any thing but a momentary detention. They
could nniy be entitled to nominal damages. For any
t dog that appeared in evidence, they might have
failed the neat hour.
Mr. Gait sow, leading Connie! tar On Defendant,
obfetved, that it mull be matter ot allonithment to
fee that his L'adfhip's valuable time, and that of the
Jury not much leis valuable, (hould be occupied in
the trial of this trumpery and it.tamous rattle. VC
laid, he called it deliberately by that rum?. The
• eireurnllances of it were utterly elifivaceital to the

adminiaration of Junice. The Noble and Limed
judE: ii id already intimated what mail he the end
of it. foe Defendant cannot jultify what he has
dune, and therefore there mull be a verdia for the
Plaintiff with nominal damages. His apology for
adili tiling them at all was this: to requell them, that
by their verdid they might give filch a denomination
of coin, a. to anal k the feelings of their mind. The
vet y ielpeCtable pet funs wli 'attended (Officers of the
Navy) he could not examine for the purpofe for
which they were called; namely, to Phew, that what-
ever might be the Uri& law, which the Jury mull
receive from the Noble and Learned Judge, that
ssliattver might be the Ibid Law, the univerfal un•
derltrod pradicc, the uniform courfe of the Navy
was, when leamen were about to enter into the
King's !hips, to endeavour by all means to get their
wages, and every thing that belonged to them from
the Males of that merchant (hip out of which they
were prelfed. And it would be extremely dangerous
if the Captain of the King's (hip did not obtain at all
hazards what ever belonged to thofe men. There
was not a more meritorious Officer in his Majefty's
Navy than Captain Lewis; and he was obliged to
at as he did, even at the hazard of being brought
into a Court of Jolliet by a ciimp at Minorca. It
would he extremely infecure to go to fea, it would
be extremely dangerous to go to lea on any expedi-
thin, and it would have been extremely hazardous to
go on that fervice, in which Captain Lewis was then
engaged, and in which he had a diftinguifhed (hare
in that glorious day at the Nile. It would have been
vet y perilous to go to fea with a crew, a confiders-
tile number of whom had been impreffed from mer-
chantmen, who had many claims unfatisfied, and
who were fully perfuaded it was in the power of their
Commander to enforce thofe claims. It would have
been dangerous to have faded with filch crews, tin-
der a full perfualion that their Commanders had paid
no attention to thefe claims. What was the nature
of this cafe ? Two men have been preffed cut of the
Oita ; their clothes and a chef} of tools are on board,
and their wages are unpaid. When they are going
out of port in that fimation, Captain Lewis fends a
boat to flop them till they fettle with thefe two men.
He dues that which the law of the country will not
juftify. He did not alit thcir verdid. But in the
cafe of thefe poor fellows, whom the owner ought to
have paid, Captain Lewis only interfered in order to
procure for them what was their jolt demand. He
trolled, in this cafe, in order to mark this aftion, the
Gentlemen of the Jury would not give one alining,
which was the uflial film in the cafe of nominal da-
mages, but that they would only give one farthing.
Lord ELLENBOIWOCH obferved, that this was an
as of trefpafs to recover damages for detaining
at Port Mahon I Ichoorter called the Eliza s and tf
this had been an injury received under eircumaances
of oppreaion and harthnefs'againa the Mailer, lie
thould certainly have advifed the Jury, and be had lit-
tle doubt that they would have attended to that advice,
to have vifited the cafe with confiderable damages.
But, Paid his Lordfliip, let us look at what this cafe
is—the Captain of a man of war imprefes two lea-
men, and demands their clothes and Tome wages that
were due to them ; he fends his boat, and fires a gun
for them to heave to. There was afro a box of tools'
belonging to one of them on boards be told them,
1
unlefs there articles were delivered to the men, and
their wages paid, he Mould detain the veffel. The
detention at that time was only proved in evidence.
But it did not appear that any man was put on board,
or any meafures taken to detain her, and that the
might not have failed the very neat hour. The
merchant lays. he would not pay at that time. In a
day or two, or three or four days at molt, the Cap.
main of the man of war fails. This idiom was
brought to recover damages, and special damages
were laid, in being prevented to fail to Cagliari, to
bring home their prizes. His Lordlbip faid, one
could not help fuppofing this aaion was brooght
with a vie* to avail themfelves of the prejudices
that might exia against perfom armed with chafe
authorities, and with the hopes of having this con-
fidered as a great abufe and stretch of power. And,
raid his Lord hip, if we were to have aainns brought,
for every man that was welled, and every gun that
was fired, under loch circumaances, by the Captain
of a man of war, there is not one of the honourable
perfons who bear his Majelly'sComeniffion, and who
do fo much honour to that commiffion, and fo muck
service to the country, who mull not rot in a jail;
for there is not cute of them who would not be co.
vered with trefpaiks from head to foot. This is to
be eonfidered as a cafe of nominal damages. There
was no arid lezal right for the defendant to as as be
did; anti thaitA.- re your verdia mull be for the plain
tiff.—Verdi* for Plaintiff s.—(The damages were
laid at goo,0001.)

One of the Richmond long coaches broke dews
on Monday night, about fiven o'clock,oppofite Fetter-
lane, in Fleet-ltreet. There were two or three outlde
paffengers, two of whom were thrown off. but provi.
dentially received no hurt.

Tuefday, as two children, a boy and a girl, the
fun end daughter of a Conßable of the wilt of St.
A: ii's. Soho, were playing together at the houfe of
their uncle, the former took up a pißol, and fnapped
:t at his fitter ; its contents lodged in the child's
(boulder. it furgeon was fent for, and the child was
taken to the hospital, where the baU WAS curetted.
und ILe is likely to door/ell.
On Saturday an Officer's fervent fell from the top
of a well. upwards of fisty feet deep, at the horde of
Mr. Baxter, bookfeller. on School hill, in Lewes. but
providentially received no other injury than a flight
wound in one of his thighs. The man was going
down the well for the purpofe of getting up a chicken
which had fallen into it, bat no fooner was he fief-
pendcd, than the rope broke, and precipitated him,
together with the bucket, to the bottom.
John Ryan, noted for his forgeries, was capitally
convided in Dublin haft week, for uttering a forged
five-guinea note on the Ira Batik.
The iron-work lately fupporting the remains of
R. Drewett, a mail robber, was a few day. (we
blown from the gihhet to which it had been at-
tached, on North Heath, near 1•f auift, and fill, to.
goiter with Cie Il.cictun cf the makfretor, to the
I ground, where it temained, a %cry difagteeable (*pee-
ltack, for feveral days. By orJ:r of the hirveyor
, of the 1.',1%.va)5, the h0n,,,,5.e. have bc,n fence bu.
tied, inmaLdiately tinder Cie tkcleton 10, brother,
nhith 1111 retains its iiis.a6ron un thezibbct.

/CCISSIASTICAL PROMOTION'S.
The Lord Chancelint: ha. tat-dented the Reverend S. Ayfeetigh,
of the Britifh Alurcum, to the vicarage of Codhant, icor iarntao-
rough, Kent.
The Bilhop of Lincoln has collated the Rye. Mr. Kau, Curate
of Stoney Stanton, leiceit. rthire, to the Rector of Stitiheurn, lan-
coirdhire; and the Rev. Mr. 0 tkley, C.,: zte n Graff ham, Hun-
tingdonOtire, to the Vicnrezt of Totternhoc, Becifordfhire.
Tbe Rev. Mr. Hare. y h sh.eni,, titntrdt the le icarage of Wil-
lan, Herts, )f which pnr.d. he has been Curate for fcreral years, on
the prefehtation of fracr:: t, fq.
On the tsith intl. the Ftiet,lty of the Univerlity of Glargnar Pr -
pointed Lockhart IsluitheA, A. M. to be Lecturer in Nes t.l
Hillery.
Hia Grace the Dblic of Norfolk has preferred the Rcr. I.lerj t-
' min Hewing to the tee:tory of Kilvington, it: the county of Not-
tingham and Diocefe of York.
I.Pcroa a rec. 24 —On Wednefday the t 4th MR. Mr. Thn-
Mal Fane, of Brafronfe College, was admitted Bachelor of Are..
Saturday, the hilt day of Michat!ras •L'erto, the Rev. John
Mountford, Bachelor of Arts, of J efusCollege. was Anti: tcd
ter of Arts; Melia. John Richard Tetlow, of gren'a College: In-
kph Ager, of Pembroke College; and Stephen Preflon, of Lincoln
College, were 'admitted Batchciors of Arts.
The whole number of degrees in this ..erne was one Donor in
Divinity, five Bachelors in Divinity, three ltaehelors in Civil Law,
fourteen Matters of Arta, and twenty-nine Bachelies of Arts Ma-
triculations nit.ety-two.

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