Star.
London, England, 1804-12-20 00:00:00

LfW INTE-LIGLACE.

C9URT OF KING'S BENCIT, DEC. Ir.
oases. VO.RrOV O. M•TTHIWS AND TURNIII/1.1..
Mr. G•NIVIN hated, that the Plaintiff was a cot;
Jon dealer ; the I)elendants had been bankrupts, but
termed their trading concerns after the commillion.
Prior to their obtaining their certificate, they made a
contraa with the Plaintiff for the purchafe of thirty
• bales of Smyrna cotton, viz. on the ad of September,
1803. They (*non afterwards obtained their certifi
este, and therefore re-executed their contrait Ott the
toth of December, of the faint year -was in the
following terms : "We agree to give Mr. Mezekiah
Egerton nineteen pence per pound for thirty bales of
Smyrna cotton. Cullomary allowances to he made,
and the contrail to be in circa, as loon an Olki =di
cite is complete."
Giass.for the Defendant, took an objeltins
to the contrail, which was fatal to k. He feud. the
'principle whirb was applied to theatre of Waine and
WAterk was that on which he grounded the prefent
application for a nottfuit. There was nothing In
this agreement to !hew the confideration for which
the Defendants prosuifeJ to purchafe. This was a
• contrite for-execution at a future day, and the con•
ftderstion asuabe Rated, otherwife it is nuwatotly, tut-
. r -

der the astute of fraod& —PLtintilf oonfuited.

WYLLta O. J. aND R. TN aw, aND J. joesue•
Mr. Exactas raid, the Plaintid was Proprietor of
a (mall flop of linty-fire tons, called the Anne and
:"...r- Mary; the Defendant was Captain, and part owner
of a brig in the coal-trade, of one hundred and fitly
' tons bunko' called the Mary Anne. There two
vetch were of the coati of Yarmouth, where the
4ip of the Defendant, although having the wind,
• 4 capable of taking any' dilation, bore down upon
'Vie dory of the Plaintiff, and funk her; the crew
• bed joR time to herrn out the bust fur the referee.
• elm of Thar lives. The Learned Conde' laid, that
the law of the lea was as well undertiood as the rule
if the road; a Rill which had the wind was.ahveys
• te.gfve way to the vefel which had not this *thea-
ter. There were no fedi tricks prOftifed at fee isl
• Were admitted on theirs: A Racreoachnsan might
in Arresting a buggy, buroot only the
plitman
Iloilo on the watery dement, but the danger
.• : ,ffiife who venture upon it, prevented all there
ant i& and espirtlescats. It was eleven
'V
at tight. but the wesebke was Co clear, that
;: be dillinguifbed at the dißanoe of half
. A . Defeodant's fisip, from having the
`t have fpun round the other like a top,
bean put to the aarboatd, or larboard
at pileafure. The Captain was below ;it was
the e's watch. and unr-sruenately the Cook was
at the baba: this artful preen might be well fkilled
ispnve his pot from bailie.' over. but he was
-a fiery trem Reerfmen. In the road, if a Per-
fekt 'lmpressed to be benighted on a black foil, he
coda fame* difeern the path; it was not fo et fee;
&eel was a hunieuve appearance apnea the water,
which enabled the obferver dißiatly to fee, even at
:Iddeight, bodies floating, on the furface. The crew
if the floall flip few the larger approaching, they
hailed by, nod the danger growing every moment
ireimminent, their Ole, became louder, yet no
Intention whatever was paid to Their fituation ; the
'Lop was cut down to the water's edge, by the via.
'lame of the (bock. and although the almoll inaantly
wit demo. the Defendant had not even the hums-
. dty to &ekes fail, and bole out his boats to pre.
Ilefit•the molt fatal confequence to the crew of the
"yak& He prima ow* as hard as he could. as
limy keaetimcs be teen on land. like a driver to avoid
1111bovery, when he has done Come mil-chief for which
••'U. nay be called upon to anfwer in damages.
ewi•l4r. Macfarlane, the Mate of the (mailer vete!.
Ma James Sawley. the helmfman, confirmed the
fias hated in the opening n(the Learned Counfel.
On the rroduaion of the regifter. it appeared, thar
James and Robert Thew were the proprietors, in
conjemtion with James Joirfou, who, however, had
'alienated his hare before the commencement of the

aaion.
Mr. Pallet, on this ground, contended for a non
fait, best the ciliation was overruled. The Learned
Costae' then addretbd the Court and Jury. and ar-
row!, that if any party were to blame for the acci-
dent, it was the crew of the Mary Anne. True it
was, that they called not from the forecallic, but the
exclamation was, Ship—a-hoy ; put your helm a-
part 1" With this dirtaion the Defendant, whether
pilot or cook. literally con-plied. Witneffes were
. then called in ftippoit of this affertion, but a mate-
rial defea in the evidence annfe, from the boy at the
fonrcaltle, whole bonne. it was to look out forward,
nat boring been produced to give tetlimony to the
attentive difcharge of his duty.
Iyorti E LLLLL UttiUGH.—" I think the abfence of
the boy is conclutiore, but James Jobfon not being a
proprietor, mould n-t be included in the verdia. '
• - Verdi& igniott James and Robot Thew, and fur
the Defendant James Jnbfon.
Doting the trial of the preceding utak, applica-
tion was made for the proteftion of a Tailor, who
cave up as a *knelt on his fubpeena. In Ins pro-
ves to the Cou.t. he was flopped by the Lieutenant
of a prefs-gang, who at I,:aft In far refpeCted the pu6-
lie proceeding on which he was called, as to liberate
his perfon I int he kept his proteaiun, deGring him
to call for it on his return.
Lord Es es soaotic it laid, he &could not be ter-
rimed in hi. return, and he would take all the par-
ties int) cueody, in cafe of any ohdruttioa. Not-
aritilianding this obfcrvation from fuch high autho-
rity. the man was afraid to apply at the rendezvous
for the proteaton detained there. To remove
anticry, the Lord Chief Jollier ordered the Tipitaff
to &mild the S.il r. who wa' ditcettil to fee that the
protation was dell•ered back, arid to bring into
Court any perfon wl.o iliuuld prevent the lice pat=
Age of the witnefs.

D1C,1411111 19.
DD O. 31L10111116.
This was an aaion brought:by the Plaintiff, who
was the flsipper of certain goods on board the Mary
Stevens, bound from this country to Gibraltar, and
thawc under coasts) to Egypt, &c. to recover from
the Defendant, who had it.ltired the (hip and cargo,
the amount of the I..fs which the Plaintiff had tut-
Veined by ber corm,.
Mr. Ea sans• telatud the cireumftances of the cafe,
god in woof of his gasman' adduced a witnefs whok

teßiniony be was afterwards obliged completely to
abandon.

Mr. TOPPING. fnr the Defendant, sated that then,
could be no foutularion even for an attempt in reco-.
ver in this cafe. He did not ground his defence on'
a ("Ingle deviation praatfed by the :anted, but on an
uniform and continued fyßem of deviation from the
moment they quitted the Britifit Channel. The Mary
Stevens failed in company with the Adrca, of which
William Stevens was Captain, and the inilruaions
given to the Captain of the Mary Stevens by the
owner, who was father to the Captain of the Anrea,
went to enjoin the Captain of the Mary Stevens not
to quit company with the Afire*, but to accompany
her all the way to Gibraltar. In fie, it would ap-
pear from the evidence which he ihould call, that the
Captain of the Agree had all along ailed as Com
modore to both Mips, and that inftead of confining
themfelves to a mercantile adventure, for which they
had been infured. they being armed with Letters of
Marque, had cruised during the whole of their vny.
age for any veffel which they might be able to fall in
with, till at length they were captured by a French
privateer which they had originally chafed.
Two fearnen who were then on board of the Mary
Stevens, proved that the Captain of the ARrea ailed
as Commodore of the two (hips. That the moment
they quitted the Channelithe two veffels by agreement
feparated, keeping in view of each other only by
their mail beads tinting the day. that they might the
more coneeniently look out for any veffels whichtvere
paffing, but that they always joined each other, and
kept company during the night. In purfuance of
this plan, they lay to for an Emil& privateer, ithich
they millook for a Frenchman, by which they 101 l
feveral hours; they then boarded a Dane and a
Swede, which occupied them fomeconfiderable time;
afterwards they chafed a Spud& Eaft Indiaman
for the greater part of a day. and were latterly cap-
toted by a French 'mintier to which they bad given
chase.

CroCs-examined by Mr. Easisat—The Area was
the !hip firft attacked. She had boarding hets on
board, which had Ste nfed, and tuned herfelf as the
ought, the Mary Stevens would not have been -cap-
tured, but the two would have been able to beat off
the
Th prateer.
eiN marnalans front the owner to the Captain of
I the Mary Stevens were given in evidence, directing
him never to put company with the Atirea, but in
conjunction with her to proceed directly on their way
to Gibraltar, and there to proceed as they Ihould be
direited by Lord Nelfon.

Mr. Eaietwa contended, on the face of thefi in.
Ikradions, that the deviation made by the Captains
of the two smirch was terra:ram, and not pitch as
geoid vacate the policy of Infurance. His cafe was
this—He did not difpute that a deviation had been
made. He admitted that there was no right in

the affured to make Inch drviaticitt— but wheie wu
his client, an innocent (hipper of goods aboard there
vetch, to Peek relief.? The infirudions of the owner
to his Captain were to proceed in company with the
ARM direaly to Gibraltar, and thence to their ul-
timate place of deflinalion. If the Captain deviated
in the face of thefe infiruilions, the policy was, not-
withfianding, good and binding on the inforers, as no
deviation on the part of the Captain could vacate the
policy, if it could not be /hewn that the owner was pri-
yto it. The queftion, therefore. was, Could the in-
firuaions in the prefent cafe granted by the owner to
the Captain be ace:tied as iesaffrieinfiruaions which
it was intended that he lhould follow, and, of courfe,
in not following of which he was guilty of lowrarry,
but Rill the policy was binding ; or, on the other
hand, were the infirvaians merely nominal, and fuch
as the owner had never intended that the Captain
Mould obkrve, in which cafe the plaintiff would hare
the owner to look to for his indemnification ? In this
latter view, the learned Lord and the Jury would
eafily fee the tendency of the quellion he had put to
the defendant's witnefs ; and alfo the reafon why be
had not adduced the owner as a witnefs to prove
his cafe. This he could not have done without
granting him a releafe, and departing from any claim
he might have againtt him, which uncpteflionahly.
in the event of the Jury's finding for the defendant in
this cafe, and thereby declaring that the initiations
were not granted boon, it would be in the plain-
tiff's power to make effeanal.
Lord E LLLLL °ROUGH. after lamenting that any
perfon fhould have been brought forward as a wit-
nefs in the way in which the witnefs for the plaintiff
exhibited himfelf that day, informed the Jury that
the firfi queßion for them to confider was, had a 1
deviation here been madthifthis there could be nodoubt
—it was a deviation from beginning to end. They
had next to confider, whether, in thus deviating, the
Captain had heettginity of barratry, aging contrary
to his inftruaions ? l'he language in which there in-,
firuaions were couched, was by no means fuch as
fairly to warrant fuch a determination. They were,
at the bell, ambiguous, and when coupled with the cir-
cumllance of relatienfhip between the perfon who was
to 30 and aurally did all as Commodore under thole
infiruaions, no room could remain fur doubt as to the
condua of the Captains having been in conformity.
if not to the expels words, at leaf/ to the underfiood '
meaning and intendment of the inliruaions. The
policy had been executed as for a commercial 'drew
lure, and had been transferred into one altogether of
a cruizing and hone nature. If, therefore, the Jury
Mould be of opinion that a deviation had been corn-
/pitted, of which he thought no doubt could trill ;
and, that the charge of- hammy had not been
brought home to the Captain, they would find for
the defendant.

The Jury immediately found for the defendant.
tILBY 1%11 ANOTNIC V. lUTTFBFItLD.

Mr. EasplMt. Hated that the plaintiff. in this cafe
were ttuffees (or the Coal Exchange Company, who
had a tubletiption room of their own, into which no
perfons but lubfclibers were admitted. The defendant
however, who was a common informer, had intruded
himfelf into the room, and, although informed of its
being a private room, where only fubfcribers were ad-
, mitted, had perlevcred in continuing his virus there.

- •
He had latterly been ferved with a notice that if again
found intruding himfilf into the room, without pro.
perly qualifying Limtelf by payment of the fubftrip
Lion money, &c. lie w'u:d be profecuted for a %Mill
trefruft, and, having .14-regarded thi► the pre-
fent J8i.41 WAS brought.

John Freer, the bt—adle to the Cnal Exchange Com.
party, proved the previous alts of intrufium after ioti-
soa*t that the defendant's virus were allagfeCilbit,

'thee* ills Helps& after the notice. beats eters.
eitaustaelittiy Mr. Gibbs, he laid belied prewar' the
defendant to depart out of the room. "Me lehrned
Commie' laid he bad heard of a mark whnlid frerfeeadul
another to do a particular a& by means of a large
Rick, and shed the wirnefs if that was not the fpecics
of perfiefoor he had ufed to the defendant ? If it were
not fts, -he would be glad to hear what the witnefs
had done befides to occafion his being committed to
prifon To this oo dillinB anfwer was given.
Mr. Gums laid this was one of the moll foolifh '
and moll malignant atiions he had witnelled. Ths
trullees, in whole name it was brought, he contended,
had no right to bring it. They had found the Coal
Market carried on where it ought to be, and as every
other public market was, Ai yew They had re-
, moved it into a !inure, where it was carried on in
private, and whence tali% defrndant, who was a coal-
meter, was excluded. For the treatment bellowed
on him the innocent man who had lately been exa-
mined as a witnefs had been confined in prifon for fix
weeks. They had &11, in order to heat the defendant,
placed him on the top of the fire in this fsbfcriprinn
room for coal dealers, which it was natural to fup-
pole would be none of the coldea I and had after-
wards, as a cooler, laid him under the grate ; and ail
this, becaufe he had gore into a place, into which, as
a coal meter. he had a right to go, into the wel-
t-mu ket. If, therefore. the plaintiff, were entitled to
recover any thing, he fubmitted it fbould nut exceed
the twentieth part of a farthing.
Lord ELLaasoaovou laid the defendant was guilty
of a trefpafs in perfevering in going into the room
unlefs he had a right to be there. If be had fuch
tight, it ought to have appeared tin the record. The
only other point was, had the trefpafs been wilful ?
Of this, in the circumllances of the cafe. there could
be no doubt.

The Jury foand for the plaintiffs.—Damages ts.
His Lordihtp afterwards fAid he would certify in
this cafe, for the purpofe of preventing perfons tref•
paging after notice, which bad great tendency to
breaches of the peace.

ItilD V.

Mr. &seems Rated this cafe to the Jury, the cir-
eumflanees of which are fhnrtlj there 3 the Plaintif
was Chief Mate of the Juliana Mary, and the Defen-
dant Captain of the Favourite, which fell in with the
Juliana, and detained her, under an apprehenfion
that &e was about to trade with the enemy, and took
her in tow as a prize i and the Favourite proceeded
on her adventure, which was with letter of marque,
with a view to take prizes, but it occurring to the
Captain that he might meet with a fuperior force,
and might want the affillance of the Juliana (for
they were both Brides, the one having captured the
other on the above fufpicion), it was agreed they
fhould join their force in fueh an event, otherwife the
Juliana might avail herfelf of an opportunity to make
her efcape, while ttre Favourite was engaged with
the enemy, and fo the Captain of the Favourite, and
the Mate of the Juliana, entered into an agreement
to the following drat : " This is to certify, that I do
duly agree to give to every man belonging to the Ship
Juliana Mary, lately detained by me, r ioth (hare of
prize, in cafe they endeavour to protat both. In
witnefs whereof, &c."lrgued by the Defendant Perry,
as Captain of the (hip Favourite. They afterwa, ds
took 'Nixes, and tuis was an aainn for this t loth
[hare. Several of the officers and men of the Fa-
vourite bad gut their Shares p rid them ; the Second
Mate had got five hundred pounds. The aSion be.
ing brought before the time allowed by law, the
Plaintiff was nonfuited.

COURT OF COMMON PLEA;.
1011111NSON V. TUILPIN AND M•NSFIILD.

The Plaintiff, in this cafe, is a merchant in the city
of London, who was the confignee of a 'cargo of
pitch, tar, dec. brought by the (hip Induary to the
port of London. On her arrival in November 1803,
fhe, drawing a deal of water, was moored at Black•
wall, there to be delivered. On the 7th of Novem—
ber, a craft was fent down, called the Thomas, be-
longing to the Defendants, Turpin and Mansfield, to
bring away 200 barrels of pitch and tar; and on the
9th, another craft, called die Freeman, was fent
down, and the Thomas being laden, was brought
up. She was laden with 200 barrels of pitch and
tar, to deliver et Griffin's wharf, on the Plaintiff's
account, and the lighter having taken in from the
centre of the tier, where it would be dangerous for
her to remain, the was faung aliens by her own
headfaft to a timber head of the Induary ; this was
abqut four in the afternoon of the toth. In the
condi of the niht it came on to blow hard, there
was a heavy (well, and the tide ran bodily athwart
the tier ; at twelve the lighter and cargo were Life,
but before two the funk, atsJ the carp, was totally
loft; but 79 barrels we. e iftelwards laved, and tat
loft ; to recover a fatislaaion in damages for this ne-
glea and injury on the pat of the lightermen, the
prefent action was brought—the damages were laid
at 1921. n ss.:d.

Serjeant SHkrlllll.o espatioed at great length on
this cafe, which he proved by the evidence of the
Cullom Houfe officers on board the Indutiry„ who
added, that there teas a wound or dent, probably oc-
cafioned by the goiag total of the bill of an anchor,
or fornething like it, but no part of their evidence as
counted in any degree for the accident, or the caufe
of it.

Serjeant Best-, for the Defendant, contended, that
there were two points in this cafe, viz. whether this
accident bad happened by any culpable neglett of
his client ? and secondly, whether he had not, in eve-
ry refpee, el-iodated himfelf in the way that ufage
aid euttom had long lanaioned in the port of Lon-
don ? To rebut the firfl point, he called witnetfea to
prove the lighter was fee worthy, and that the wound
or dent in the bows was at 'call a toot and a half
above the water mark, when laden, and was nrt
through, In as to render the vcfrcl leaky: On the ad
point, he called a number ti Captains and owners of
veifels, and fume lightermen, who depfed as to the
ufage and cuflorn of the (hipping in the port of Lon-
, don as to lighters, which, from their evidence, it ap-
peared, wa►, when a lighter went down to a Slip to
be loaded, the was left there in the care of the Ihip's
company, who were answerable for her until fuch
time as the lightermen came downand took her away;
and that the iightermen were not at all anfwerable
hir loffes or plundering until after they took her away
from the (hip.

Aterkant lIIIPOI/Iff ably combated this argument,
and proved the dared contrary to Lis the cafe, and in-

• . • •
Ranted Harry 9. the loyal ,Company at
it cafe in point.
The jury. when the Jodge was about to f m op
the evidence, &A:tared that they were fati,fieil utat
the loft arofe from die nee gener of the lighters's'',
and therefore fund for the Plaintiff, 1911. 551. Id.

BIRTHS.

Tharfday kik, at Lis ►ook, in Hams Gwen, the Wily el
Richard Phillips, Rig. if a daughter.
Mental lad, et tads daughters. Petra J. Geld. the wife W'Mr.
J. Gild, printer, Shag hue.
Saturday loft, at Ids bask, Kan-read, the Lady of Jahn Rolla.
Bi 4 els daughter.

MARRIED.

Tharfday the 133& loft. at Southampton, jobs Crabs, Fig.
eldest Jon of J. C Crooke, Era. Kempaut Lodge, to Milk Mar.
gent Wiliam, 3d daughter of the late Rickard Waxen, Mg of
Pete by Houk, Bucks.
Todday lAA, the Rev. John Morgan Rice, of Becls.hill, in the
county of Southampton, to Mifs Elisabeth Hoimes, daughter of
Wm. Holmes, Efq ut Went-auk Park, Ws the moot), at Kew. ,
Friday taft, at Liverpool, Thomas Wonsan', laq. of Famously
to Mrs. Duncan, of that town.

Tuelday k'aolg►t, at Wigan. Capt. Heller Tone., of the 631
ileglount, to Mils Moulton, of Bank Houle. rseir that Sue.
On the 3d talk at Badrworth, Mr. Maroc, of Dowdefwell, to
Mifa joues, daughter ot un late, and Silber to the polka* Job'
Jones, EA. of Coaptr's.biu, Olouealtertblee.
•