Star.
London, England, 1804-12-21 00:00:00

COURT OF COMMON PLEAS, DECEMBER az,

CA AND °TRW, .WlOllll3. O. 111.0kMall.
This caufe origated in the bankruptcy of Mr.
Gingell, an oilman and dry falter, at Iggeetthithe, and
came now before the Court as an iffueaireeled from
the Court of Chancery, to try on what day in the
year 1796 the aft of bankruptcy was committed. An
tdion was tried in this cafe in the year 1798, and a
fecord in 18." but in neither cafe had the fpeeific
day been proved, and a numbet of claims haling been
made, and converted property difcovered finee,, it
became nerd:try to afcertain the time precifely. The
receipt and di Tr i lion of tery confiderable films depend-
ed on the kerdill of the Jury.
Mr. Alcorn, formerly warehoefeman to the bank.
rapt, probed Mr. Bridges, a creditor of his, having
delivered his bill for gunpowder at midfummer, 37063
that he had called weekly for two or three Saturdays
Following that time, and which, by reference to the
Almanack, went up to July 9, t 795, and thathe, by
Gingell's defire, denied him when at home, not only
to Bridges, but any other creditor who might call
for him, of which there were lever.d.
_ _

Mr. Serjeant Vsuoiess, in a very fevere crors.esa.
mination, made an effort to impeach his credibility,
by reciting Come evidence he had before piveti, but
did not fimeeed in filing any material deviation from
the evidence he gave in the year t7siBi.
Mr. Williams, the bankrupt's clerk. corroborated
Alcorn, as to the periods the ads of bankruptcy were
committed.

For the Defendant.. Mr. Tomlinfon, forMerly
Clerk to Winter an Kaye; was called, and from his
recollection only of the trial in 1798, (wore, that Mr.
Alcorn then (poke of the date with great uncertain-
ty, and indeed had (aid, when the cak of Copeland
arid Steele was depending, he could not (peak of any
ait of bankruptcy being commuted.
Mr. Scrjeanc Snarls sae reprobated the attempt to
albs the foul charge of perjury on a refpellable man
in bufinefs, and that by a perfon not entitled to Cape-
dor credit with him, who (poke merely from perhaps
a partial recolleltion, being concerned then for the
Defendant, and which infinuation and attempt, fevere
as it was, Rood unfupported by any other evidence.
Mr. Juniee Cuanza' in a 111,irt charge, pointed
out to the Jury the ilfue :hey had to tty—it was, whe-
ther the at of bankruptcy was committed on the 9th
day of July, 1796, or any other, and what day. The
impeachment as to Alcorn/ chevalier or credibility
was nOt by any means fo founded a. for them to all
upon. If they knew any thing of him of themfelves,
they would lettheirown b 11 and
et weigh ID ICa 11,
judge accordingly.
The Jury found fpecially for the Plaintiff-1i Mat
Ithe a& of bankruptcy was committed on the 9th day
of July, 1796."

Urn V. MINOT.

The plaintiff is a Captain of a trading veffel, and
brought an alion of covenant to recover the amount
of a Nen agreed on for the freight of the (loop
William, which he commanded, according to the
terms of a charter party entered into between him
and the defendant. It was agreed that the veffel
Arnold go from London to St. Michael's, for the pur•
pole of bringing back a cargo of fruit. On his par.
rage outwards he fell in with another trading veffel,
the Captain of which regnant him to take onboard
lane frith linens tome Readings, and tome hand-
kerchiefs, as ■ prefent to the American Conful
When he had reached St. Michael's, a gale of wind
arofe that drove him out to lea. There he conti
sued bearing about for eight days, during which
Lime his (loop fpnmg her mall, Rrained her timbers
feverely. and had fame of her rigging carried away
by the gale. He was glad to put into the firft port
that he could reach, which happened to be Lifbon.
He was not long at anchor in the Tagos when Tome
revenue officers came on board, and feized the linen,
ate. as contraband goods. He Raid there fume time
to refit, and after his Terre, was repaired he waited
lonic days longer to fettle the different hills he had
to pay. By the time he again reached St. Michael's
he was told that he was too late, and was obliged to
come home in ballaft.

Robert Preflon, Mate of the William, depofed—
that (he was regillered for fixty.three tons burthen ;
that the had got eighty-liven boxes of oranges on
board, when the was blown out ; that the was fifty-
eight days endeavouring to gain St. Michael's, but
could not ; that they ran into Lifbon on the 3d of
February. He then proved, after detaining the
Court for near two hours, looking over his In book,
that every exertion was made to repair the (hip, and
that The was not fin:lhed until the a ath of Aptil,l
when fhe chopped down the River, to wait fora wind.
On his crofs-examination he laid, though the was
ready to fail on the 14th, and though the wind was
I fair, yet the did not fail until the sad, and be
could not give any rcafon for it. He then proved,
that they had gone back to St. Michael's, where, not
being able to pet a cargo, they were obliged to come
to London h. Nallafl.
Two nth et v itneffed were called, who proved merely
that they faw the workmen employed about the (hip.
Scrjeant Bat r, for the Defendants, (poke at very
great length, reling his cafe entirely on the unnecef-
fary delay of the 'laiutiff at Union. A gentleman
of the Jury abfervcd that that delay muff have been
octal-limed by the Plaintiff's wanting money to pay
for the repairs and that be knew it was the cullom
at Lars not to let a vetel out until the could pay
or give fecurity for the debts contrafted by her.
Mr. Juftice CM•Millt fammel op the evidence,
and pointed nut to the Jury the particular points for
their confideration.

The Jury retired, and in shout a go titer of an
holm returned 4 vers!h% for the Defend Ant, not on
it his tailsh go•i on board, but becaufe
he delayed Litton un;cr than Was accdfary.