Star.
London, England, 1804-11-29 00:00:00

rot the roper eempenfatios Fr I teutrirary inf
t. fflon or An uncertain duration, as much incoo•e•
faience and mikhicf might arife from fuch a deediot ;
and, upon the other two points, they eonlidered the
proper panic. were not before the Jury ; nor vas
the intereft of the public fufficiently expreired, ad,
ihetefo,e, that judgment WAS to be eutered for the
Defendant.

?AIM O. ANDIRIIOII.
This Wit an aflion on a filicy of Infurance, apse
the (hip Mercury, bound from Liverpool to the Atli-
can coati, and from thence to the Well Indies, with
liberty, from the Underwrite: s, to fail with letters of
marque, to take, capture, and magi any enemy's
{kip, &c. &c. She was afterwards loft in the Old
Striio. of Bhhatllt
This cattle was tt ied at Guildhall, the Sittings af-
ter laft Term, of which we have alfo given an an-
.o:tilt in It former paper, and a verdii was entered

for the Defendant.
The question for the Court was, whether, in de-
viding from her tom*, in a (mall degree, for the
purpofe of capkuring a priao.The (hip in quellion had
forkited the inturanet
On the part of the Defendant it was contended, by
Meas. Gastow, Tovettic, Wad StaaLsr, that the
fhip in queaion having gone out of her conrfe, notice
the purpofe of a commercial adventure, but for the
purpofea of warfare, and capturing an enemy, had
deviated from fuch rotate to cruite, and therefore the
'fared had no right to mover ageing the Under-
writers; and further, that the falls Wrd judifled the
verdiA of the jury.
On the otbcr fide, Meal's. Easstea. Gins, non.
and Gum, contended. that deviating Co much as The
' did from her regular colsrfe was not cruising, but
doing that which the was authorifed to do by the
letter of marque ; that the Underwriters, in permit.
ting her to take letters of marque on board, meant to
confer fomething ; the was therefore at liberty to
chafe and capture, and had not forfeited the'policy of
infurance by fo doing. •
The Court deferred judgment to a future day : and
LordEr.spllOßOUtsm Mtn intimated to theGentle.{
teen at the Bar, that it would not be poffible for Ibis
Court en gee through the now trials, as wasoriKinally
intended; and therefore they Mull nand over till neat
Term.
;ACT O. WATTS.
Mr. Custom (hewed caufe ;salad a.Rule obtain-
ed by Mr. Gums on Wednefday fan, requiring este
Mr. Wadi, Mt attorney, to anfwer the matters orate
affidavits of Mr. Racy and Mt. Shepherd, mention-
ed in our loaner of Wednefday WI. The Learned
Conafel fall/Abet there was not one fait in die- 'M-
attel* that was not contradieedia the moil porative
did unequivocal manner ; Mr. Watts was a very re-
rpraable Gentleman of the profeffion, and Mr. Ogees
being fatisned with his affidavit, the !tuft was dill
charged with cone.
WARD D. LOSING.
Mr. TOPPING moved to make the Rule, which he
had obtained in this cafe, on Saturday !al, abfolute.
This was an application for the Clerk of Ni fl Prism, to
pay over the lust of zOOOL lodged to the credit of
this cauß by the bail.
Mr. Raskin t (hewed caufe againa this Rule on the
part of the Adminiltrator of the Plaintiff; and con
tended, that the Turn lodged in Court was properly
the money of the Plaintiff, and depofited by Meffrs.
Berthen as his agents, for which they had debited his
account, and was paid to enable him to poipone the
trial of the caufe.
Mr. GILES on the fame fide fuggetled, that the
Court might empound the money, and direa an if-
fue to try to whom that fur belonged.
Lord Est.ensoitouoti obferved, that the Court
had no authority to em and it : the money was
lodged for the purpofe of abiding a caufe which had
its event in the death of the Plaintiff; by right, it
was the money of the bail, nor could it either in
law or confcience be applied to any other purpore.—
The rule therefore WAS made abfolute.
11•IIPAS CORPUS.

Mr. C applied for a Habeas Carps: to be di-
reeled to the gaoler of Lincoln, to bring up the body
of a Mr. Era, in order to be enlarged peon bail,
on a charge of manflaughter. This Gentleman was
owner of a rabbit warren, on which many trefpaffes
had been committed ; he watched for tome nights,
and at lift ditcovered two men with guns on the
warren : he heard a that sad follawed them ; he fre
quently called to them to furrender, which they re-
futed to do, and ran away : he then fired a piflol
Ater one of them, which took effea, and the man
died. Two rabbits were found warm and bleeding
on the fpot : it tt as theta are a felony* and the gen-
tleman had a sight to apprehend them.
Lord EetaasotouGN obterwed, that it was not a
felony, b'st a triapOrtilbit Offence : he had no right
to call ou the man ro furrender at the peril of his
life ; it would therefore only prejudice the cats by
making further &nervations upon it.
The Rule was accordingly refuted.
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