Star.
London, England, 1803-01-25 00:00:00

Batt..

On an application being made to the Court, to
difcharge a Defendant out of cuftody, on filing
common bail, on the round that the Plaintiff had
not (worn, in the *kw/ to hold to bail. that no
tender had been made him of his demand, in notes
of the Bank of England,
Lord ELLanaoaottow Paid, be would never ex-
tend an equitable eonftroetion to an Aa of Parlia-
ment, which, perhaps, ought newer to have exiled,
and which, be hoped, would loon be at an tut

COURT OF COMMON PLEAS, JAN. U.
NADKINSON V. ROBINSON.
Serjeant SnEPHERD moved for a new trial in this
cafe, the circumflances of which he ffiortly fisted
to be thefe : A cargo of pilchards, on board the
(hip Pifcaroe, bound from Cornwall to Naples, had
been infured by the Plaintiff with the Defendant.
The veffel was loaded on the yth of Oaober at
Penzance in Cornwall, from whence the proceeded
to Falmouth, where the was detained till the a4th
of January following for want of convoy.—Having
at 'aft failed along with his Majelly's (hip la Pique,
Captain Foote, the arrived in the Mediterranean,
where the unpleafant intelligence was communi-
cated to the convoy, that the ports of Naples and
Sicily were in the poffeffion of the French, and that
all Britifh veffels were rigoroully excluded from the
harbours of thole kingdoms. The voyage to Naples
was therefore completely 1011, and the Captain of
the Pifcaroe, as the belt mode of proceeding that
could be adopted in fuch a fituation, made for
Port Mahon, in Minorca, and thefe difpofed of the
cargo to the beg poffible advantage, that the un-
derwriters, in cafe of abandonment, might hare
the benefit of the falvage.
In the mean time, as foon as the news of the
ports of the Two Sicilies being Phut againft Britith
' veffels arrived in England, the proprietors of tne
cargo, without waiting for any intelligence of the
fate or fituation of the veffel, which did not arrive
till fame months after, fent notice to the under- \
writers, that in cafe the report concerning the ex-
elution of Britifh veffels from the Sicilian harbours
thould turn out to be true, they would totally
abandon the cargo to them accordingly.
When this circumfbncewasconfirmed,they fued
the underwriters for the value, who, however, re-
futed to pay, upon two principles ; firft, that the
abandonment was made too foon, and fecondly,
that the proprietors had no right to abandon the
cargo at the time when that event took place.—
Upon thefe grounds the Jury had given a verdiet
for the Defendant.

The Learned Serjeant then proceeded to ohferve,
that this verdift truck him as very extraordinary,
and, perhaps, was pronounced in too precipitate
a manner ; for when the CH IF r jusrsca was about
to funs up the evidence in the ufual form, one or
two of the Jury thought proper to prevent him,
and declare that they were perfeetly (added, and
immediately gave their verdiet in favour of the
Defendant. When the Court confidered thefe cir.
cumßances, and the evidence on both fides, he
was perfuaded that a fecond hearing of the cafe
would not be refufed.
Lord A ***** allowed the circum Rance Rated
by the Serjeant to be in a great meafure true, but
obferved, that in faits relative to infurance, a Lon-
don jury were certainly the moil competent judges.
His own private opinion, he confeffed, leaned ra-
they to the other fide, and k was on that account
he had informed the Jury at the time that the firft
principle upon which the Defendant refted his
eau& ought to be entirely laid out of confideration ;
becaufe, if the grounds of abandonment were jolt,
whether notice.of an intention to abandon was
given fooner or later, was a matter of total indiffe-
rence. They all anfwered that they had been
aware of that circuudtance, and Rill adhered to
their verdi&. The cafe, however, undoubtedly
demanded Come confideration' and therefore there
could be no objettion to anew trial.—Rule granted.

Soon after Mr. Emma had (acar/ding to the
phrafeology of churchwardens, &c.) iwad-
6is in Lincoln's Inwfieldsf adjoining to
Lird Kenyon's. be was met at his door by a noble
Lord, who exclaimed, •• Why. Tom, you look very
(mart." 4S Yes, my Lord (anfwered he) I am de-
termined to pot a good face on it.let his Lordthip
look as black as be pkafes."
HORRID Mee:mt.—On Saturday night len a
ceol, deliberate. and horrid murder was perpetrat•
ed in Greenwich Hofpital, upon one of the Pen.
(toners, by another ; •
are nearly as follow :—.
been tome years a penfioner,
fo violent and quarrelfome,
♦ery obnoxious to his at
tremely troublefome in
houfes in the town. to
of retorting. that, for
none of them would
About a month fine., he
graft breach of duty within
he we, brought before tlw -
upon the charge of a
in the capacity of Boatfwain,
fabitantiated, he was
pocket money, and fere.
without any further difgrace.
This, however. was fulfitient
to vengeance again& his sr- -
birth-mate, who had
and on Saturday night
purpofe into (aeration
of night Into the cabin,
deceafed, who was alone
with a large poker, at a fit
out his brains. and killed
that he never uttered
for his bed.fellow. to .
tended, he had obtained
the hofpital that night
The murderer then
where an aged petitioner
examined whether he
have heard any thing
The man who heard the
moment a Ifimilar fate.
but on the murderer having
to his own cabin, the m
and alarmed the guard, a
came to the plate. and fee,
a flout and defperate refinance.
Yefterday morning the Corer
their verdict of wilful murder
deceafed, and the perpetrator
Maidikone gaol ; but fo
any 455 of remorfe for
clarbis regret at not
►illing the other man,
eluded his defpersce purpo)

;.the cir.canzliances of which
s—The perpetrator, who had
arioner, was of a difpofitioa
•lforae, as to render hitarelf •
anciates, and became fo
in this refpea, at the publit• •
o which he was in the habl., ,
or a croafiderable time palls',
Il admit or entertain hi •
h▪ e had been Katy of foal
within the College. for wb , •
•
the Board of Contasifiesersio, ;
fellow Penfioner, who stank' .1 ".
aufwain, and the fn being
is 'Dallied of two morithl. 'l,-;
feverely reprimanded, bet ' •
fifgrace. .
s futficient to crepes* hitt
his aceufer, and another, hl. •
corroborated ha teilimony• t-
It he determined to carry his
▪ he went in the dead boat .7 2' •
*bits, or apartment of the ,
.rd•
one and wrapt in fiery, and '
a angle blow. literally beat •
tilled him fo idiantaneoud)
a (Ingle groan. Fortunate!'
whom a (miler fate was in•
rd pereniffion to deep out of
t with his family.
I went into the neat birth, ;
mar was in bed, and minutely
was alleep, la he might
of what had jolt pared. •
he blow, and ?fraud every
te. lay Rill as faa *Beeps
saving left him, and retired,
roan immediately gee up.. Si
d, a party of who dimly • •
I fecund the mardeter. one '
release,. ••;
the Coronet's Joey Muria ito
murder on the body of is
renter was teemitsml
o far vras hOlimm valuing
rr
tlhavidwitstAhe°BB4 oppartmsky he
n. -who had fin haws*
arpok.