Star.
London, England, 1804-11-16 00:00:00

COT TRT OF KING'S BENCH. NOVEMBER ts.

Mr. 1.115K1111 moved that the Rule be made abr.,-
lute in the Criminal information applied for by him,
on a former day, at the fuit of the Earl of St. Vincent
againa the alledged author of a fnpprelfed pamphlet,
and again* the author, printer and publifher of ano.
they pamphlet. founded oat that which had been flip-
preffed, entitled, " Aid Alirrarr, Parma;" containing
falfe and libellous matter again!! the Earl of St. Vin-
cent, while Firlt Lord of the Admiralty.

Mr. Wo. o, for the Geetleasan chLged as being
the author of the two pamphlets, hied, that he had

iri hit ,litUxiin affidavit by eke risthet of that Gen-
densan in which be depoted, that his brother's prin.
cipal refidente Was in Ireland, where his pretence had
been for Tome time neceffary, on, account of a contra&
;Kids be had to execute in that country. busing
that Geritleman's abode in town he ufed his brother's
honfe, where a copy of the Rule in queftion had been
left for him. On she immediate fucceediog day, the
copy had been forwarded to Ireland ; but it being
known to his brother that the party was not then in
Dublin, but was only expeded in a few days, be was
of opinion that the party had not yet had an oppor-
tunity of teeing it, fo as to, have enabled him to re-
alm an anfwet., which he bad no doubt he Would do
the moment it was in his power.
Mr. Loam' (aid he had no oblation that the rule
be enl4ged as to this Gentleman, till the laft day
but one of this term ; he moved, however, that it be'
made abfalute as to the printer and publifher.
Mr. D fubmitted, that there was no occafinn
for Ihnrtening the rule as to the printer and publifiter,
fo long as it was enlarged aphid the principal party.
In this Lord /ALIN soaoucH concerting, the Rule
was enlarged.
rtaitco v. DUBOIS AND OTHERS.
Mr. IR/Knit thewed caufe againg a Rule obtained
by Mr. Guest, for the defendant to be difcharged
upon filing common bail, inafmuch as a commillion
of bankruptcy had Wised againa him, and he having
obtained his certificate.

There had been an exchange of piper between
thofe panics to a confiderable amount; and at the
time the defendants became infolvent, there were
bills outflanding to the amount of 6,500 L ; it was
agreed b► the plaintiff, for the accommodation of the
defendants, that he fhould renew bills to the amount
of 20J01. which were to be paid to Mr. Wilberforce
Bird. The 6,5001. being due previous to the bank-
ruptcy of the defendants, the plaintiff claimed on
their ellate for that funs; but the sow). did not be-
come due until fuhfequent to defendant's obtaining
their certificate.

The queflion therefore before the Court wis, ache-
ther the 2,0001. was renewals, and a part of the
6,5001. and wbether the defendants were note liable
to that turn But it appearing to the Court (after
long argument) that the plaintiff had not fufficiently
(hewn, whether thofe Bills were a fubßitution or not,
or made out to what tranfaCtion they properly be-
longed, the Court made the Rule abfolute.
The Court wis engaged for the remainder of the
day in paging judgment on feveral perfoni who had
been conviaed the lalt fummer circuit of aaffulring
Rude officers, and obftruaing them in the dlfcharge
of their duty.
vrts ettraO. ISAAC JARVIS.
The Defendant in this cafe was conviaed at the
WI dlaes for Devon, for affaulting one Bridgewa-
ter, and two other Excite Officers, and for prevent-
ing their entrance into his houfe to fearch for (piths,
Paid to have been concealed.

Upon the trial it appeared, the Profecutor had
gone to the Defendant's houfe, about twelve o'clock
in the day time, and having (hewn their warrant to
the Defendant's wife, were proceeding to make their
(welt, when the Defendant himfelt came in, put his
back again!! the door, and taking Bridgewater by
the collar, (wore he fhould not fearch there ; and at
let having collated a great number of petfons
about the door, obliged hint to retire.
In mitigation of his punifhment, the Defendant
produced the affidavits of the Clergyman of the mi-
ta of South Devon, and alto a Magiflrate of the
county, which Rated, that the Defendant with ano-
ther man took mkt a boat, and went for the porpofe
of rendering zffitlarrce to the crew of a prize (hip,
which had Brock near the flntre, and at the rifque of
his own life, fared the lives of (even of them : in a
(tort time after, the veffel went to pieces ; for this
lad the Defendant never received the teal compenfa-
don. Some time after, he (cited and brought back
to prifon, three French officers, who had broke from
their parole, and refuted a 4.ery contiderable
which they offered him to let them ekape. It was
elf() Rated, that the DAendant had a wife and eight
children, all depenciio? neon his induftry.
Mr. Jr xya, on behalf of the Defendant, admitted
that the obltruetion of the nfr,cer took place, but no
fort of mama! violence was offered, nor did any
thing occur from which Sr. inference could he drawn
that the Defendant was a (Muggier. The affidavits
were made by two molt refpettable perfon., the one
A clergyman, and the other bearing a military com-
million and a magillrate. On the (core of his huma-
nity and loyalty, the infiance of bravely faring the
lives of fevers poor feamen, apprehending threarench
officers, and refuting a bribe to let them ei'cape, were
fufficient proofs on that head : he therefore, under
thefe eircumflances, trolled to the well known cle-
mency of the Court, and begged, fhould they think
i: expedient, to pals kn. ence of imprifonment upon
him, that he might he fent to the gaol of Exeter,
where he would be near his family, and might have
an opportunity of Ailing, by his indultr., in their
fupport.
Mr. DALLAS, on the part of the profeention, ob-
(erred, that the Det t !ant had been guilty of fuffi-
cient violence to deferve the Judgment of the Court :
it WAS a common prattice of the people of that coun-
ty, when a Revenue Officer appeared, to collcet a
mob againit him, and then picad that they had not
(truck lion.

Mr. jullict Gaort lamented that the men of Oat
part of the country from whence the Defend int Celle
were ever forward to relit the laws. In tht, cafe it
was evident the Da-0:1.415t knew for abet purpofe
the officer came, and Ihtre were grounds to ItSpeet,
he had good realm fur refiftance ; however, the affi-
davits Chewed, that he was not a man of a bate and
malicious temper; and, taking all the elven finances
into conftdcration, the Court adjudged that be lhould
be imprifoned for the (pace of three months, in the
gaol of Exeter.

Tlia lIRG N. ROBERT Mncmy.

This indiament was tried at Wint i)eier, and the
Defendant was coriviaed of airaulting and obi:rutt-
ing an Exciie er in dileharge of he duty, and
alto of ende.ieouring to provoke him to fight.
The Defendant wa% s common brewer, and eaPed
on the Profeeutor, Gregory Tomkins, who was a
Colleaor of Ercite, to pay his duty on Malr, amount-
ing to 421. The Proiecutor rifted /rim, it he were
going to pay his father's duty (who was All a brewer)
as well as his own? he replied, he was n t and the
Protects:or then shed him, it he were not his tather's
fermi f Upaa this qactlico, be became irritated,