Star.
London, England, 1811-11-05 00:00:00

NAVAL ArrzLuciitz.

- 7
ILALMOUTH, NOVEMBER:2.
Put back the Princess Mary packet? leaky ; she is
reported to be ready again on the 7th inst. Also put
back the NIMROD, PERCY, for the South Seas ; she
was chaced into this port by a French privateer,l
which remained off the port all the evening. The
/siltation parted with the Diana packet, bound to the
Brazils, on Thursday last, in a gale.
PI.YMOU I H, NOVEMBER s.
The TONNANT, 80 guns, arrived late last night,
from a cruize off-Brest ; and the HELICON brig of war,
from a cruize. Sailed the ALPHEA schooner, for
Portsmouth. The SAN JOSEF and DIANA were paid
wages and prize-money yesterday ; the former is ex-
pected to sail to-morrow to join the Channel fleet at
St. Helen's.---Detached from, but.beionging to, the
Channel fleet, there is to be a small squadron of ob-
servation, which is to rendezvous, fOr supplies, &c. in
Cawsand Bay.

DEAL, NOVEMBER 4.
Sailed la PIQUE for Sheerness, to repair the da-
mage she sustained in the late gales. Arrived the
Museurro from Yarmouth, and remains.

EYEMOUTH, OCTOBER 18.
About five o'clock this morning, one of the fish=
ing boats belonging to this place was upset by a sod,
den squall of wind off St. :ebb's Head. The men
stuck by the bottom of the boat ; one of them, how.,
ever, trusting to his expertness in skimming, lett if
to get to land, but when he had proceeded 'a certain
length, in purpose to regain the boat, he turned; not
however able to reach it, he sunk to rise no more;
within a short distance of his companions. In this
dreadful situation they confirmed Mine hours, when
they were picked up by a brig, too late, however, to
save the lives of two of the men, who before that had
expired through excessive fatigne and exhaustion.
Upon a signal being made from the brig, a boat
vent out to her and brought in the bodies of the two
Men who died, and the two survivors. By this me-
laniholy actident, an aged mother is left to deplore
the late of her son, two widows the .death of their
husbands] and twelve children the.loss of their fathers.
LEITH, OCTOBER si:
The RIFLEMAN and Cito sloops of war sailed on
Monday from Leith Roads, in quest of some priva-
teers that had been seen on the coast.—Arrived in
the Roads, on Tuesday, the DAtitNii gun-brig, and
the NIGHTINGALE sloop of war, from Gottenburgh,
from whence they sailed on the 26th inst. with a-con-
voy of about 250 sail for this country, but it blow,
ill a heavy gale from the eastward; the ships were
dispersed in the North Sea.—Tuesdaj afternoon, as
One of the PLOVER sloop of war's boats was going
Off from Leith to the Roads, a sea brOke on board,
and swamped her ; a boat belonging to the Fent-
*Aftli gun-brig picked up all the men except two,
whO were unfortunately drowned.—lhe ARCHER
gtin-brig is getting under weigh with her convoy.—
Yesterday, 33 Dutch prisoners were landed at Leith
from the PLovzit sloop of war.
NOVEMBER 2.-1 he wind having come rolled to
the eastward; the ARCHER gun-brig has put hick to
Leith- Roads with her convoy.—The Lama sloop
of war arrived in the Roads from a cruize on Tliut s-
day ; 'alto came up the RIFLEMAN sloop of war; tor.
ced back by the easierly wind.—The smacks Pilot,
Swallow, and SWift, from London, arrived in the
Roads this merning.-Z-Yesterday, the Lincoln West
Indiaman, in taking the harbour, struck on the bar,
and went (2n shore to the eastward of the pier, but
was got off this morning without damage.— For
tome dayi past, the tide at Leith has been remark-
ably high, there being upwards of 18 feet of water in-
the harbour. Several houses near the glass-house
have been datnaged, and a large warehouse near'
the New Duck has been seriously injured.—Satur-
day night last, between six and seven o'clock, the
sloop. Busy, of 'Leith, ALEXANbER ABBEY master,
from Wick bound to Leith, in taking the harbour
Of Stonehaven, went on the rock called the COMA..
ker, and became a complete wreck. As the tide was
corning in, the wreck drove on shore, and the mas-
ter, crew, and three passengers were saved by keep-
ing on the quarter-deck. She was loaded with red
and salted herrings, and some hides, of which very
little will be sated.—Tuesday afternoon a Danish
vessel, froth London; was put into Aberdeen in' dis-
tress. She sprung a leak in the late gale, and had
pumped out all her ballast. There was a heavy sea
at the harbour mouth when she went in, but by the
active exertions of the pilots she was safely moored.

GRANGEMOU 111, OCT. 31. •
The sloop Fame, Johnstone, Master, belctiging to
this place, bound from London to Arbroath, with
hemp and flax, wds taken, on Friday last, off Shields,
by a French privateer, when the Captain, a passenger,
and one man, were taken out, leaving one mat and
a boy, and putting six Frenclithen on board. Not
being able to clear the coast, the Frenchmen begged
the man and boy to carry them into port to save their
lives; the man was unacquainted, but the boy brought
tip the vessel last night, and came to in St. Marta.
tet's Hope, above Queensferry, alongside the Rebecca,
Johnston, one of the Canon vessels, who relieved
them of the Frenchmen, and the sloop came up here
this afternoon.

FROM LLOYD'S LIST.
The Earl of Chesterfield packet is captured by a Frenah priva-
teer, off Alderney.
"file Mary, Power, from St. Übe's to Drogheda, was driven
en shore It Kilmore on the 25th ult.
The Nirdod. Hunter, is arrived at Bristol from Malta, after
a voyage, Mat and home, of only two Months.
I lie Planter, Bruton, from London, is arrived at Jamaica,
after having been plaudered of cargo and her stores, by the Duke
of Dant= privateer.
The Richard, Patton, from Bay Chaleurs to Whitehaven, is
totally lost in the Streights of BellHuleisle • crew saved.
'1 he Lady Petre, Robinson, of l', bound to Lohdon, is on
More on Kirkley Beach, near North Yarmouth.
'1 he Harley Castle, Stark, from Hull to Heligoland, was totally
lost near Susum, 20th ult.
'llte John and Elisabeth., Heslop, of Sunderland, was lost 27th
adtitno; crew saved.
ARRIVZD—At Portsmouth, the Caftabrian frigate, from Malta,
with two transports; and tke /EOlus, from Guernsey. At Ply-
mouth, Christopher, Meadows, from Malta, leaky. At Pal-,
mouth, Fos, Lenore, from Gibraltar. fAt Liverpool, Tiger
Porter, front Barbadoes Theodore, from Maranhant
donia, front New Brunswick; Sugncl, Prowse. from Lisbon ;
SteadY, Bully; Labradore ; Adventure Andersoo, from
Nova Scotia ; Clyde, Cook: from NewfoundiLd ; and Martha,
Winne, from New Brunswick.


• ~ . .
LAMP 114PTILL• MINCE.
_...„..... 4
COURT OF CHANCERY, OCTOBER Si.
DEMURRER.—JONRIS V. THOMAS AND ANOTHER.
This was a demurrer filed against die relief prayed
by the Plaintiff, Mr. Middleton Jones, the 4th son
and sole surviving issue of his father and mother, who
intermarried in the year 1738 ; and , in pursuance of
previous articles executed, the marriage settlement in
question, on the wife's coming of age, settling her
estates on her husband and self for their lives, and in
remainder on their issue, which were five in number,
and died without issue or marriage, except the second
son, Thomas, who left two illegitimate daughters,
and devised by will the estate to them, -without, how-
ever, any recoveries having been suffered.
On this ground, and the illegitimacy of the two
daughters,incapacitating them to inherit estates, the
Plaintiff filed his bill, praying, that the deed of settle.
ment may be produced at the trial of his ejectment,
and afterwards delivered up to him.
The Demurrer contended, that the lands were duly
described by the Bill, and that the deed Was not his
till he proved his title against the surviving husbands
of the deceased daughters of Thomas Jones, who died
in the year 1802, after duly making his will.
The Lotto CHANCELLOR laid down the equity
of
this Court to be against this demurrer, since the de-
scription could not be so elaa as in the settlement,
and the plaintiff; if successful on the trial of the eject-
ment, would ba entitled to t;:e possession of the deed,
on application to the Court, upon further directions,
without. the delay or expense of a supplemental or
new Bill. His Lordship overruled the demurrers
I
COURT OF EXCHEQUER. NOVEMBER 1.
THOMAS LOWTEN, ESQ. V. THE CORPORATION DV
COLCHESTER.
This was an issue directed by the Lord Chancel-
' lor, and the question to be tried was, whether the Seals
'of the Corporation of Colchester had been duly and
legally affixed to certain indentures of mortgage and
other securities for £2OOO granted by the Corporationl
'of that Borough, to I'. Lnwten, of the Templet I
The debt originated in Mr. Lowten's being profes-
sionally employed to defend the Corporation in a va-
riety of suits, some of them arising out of election
contests, and others out of offices connected with the
Boroughs The plaintiff was compelled to put his
securities in force. He brought ad action in the
Coutt of King's Bench, on a bond which had been
given as a collateral assurance; and recovered £2600
damages. Immediately after this verdict the Corpo-
ration filed a Bill in CI-tatter:qv) invalidate Mr. Low-
,ten's securities, on the ground that the seal bad been
laffixed by the Select Body, acrd not by the Mayor,
Aldermen, Assistants, Common Council, and Bur-
gesses at large.
The proceedings occupied upwards of ten hours,
when the Lord Chief Baron shortly summed up, and
the Jury found, that the Common Seal of the Corpo-
ration had been duly and legally affixed to the sere-
, ral indentures and deeds mentioned in the issue.

COURT OP KING'S BENCH, OCT. 31.
DIXON v. NEVE.
This was an action upon a Bill of Exchange,
brought against the indorsee, in which parole evidence
was endeavoured to be set up against the defendant's
indorsement. Ihe bill was paid by the defendant to
the plaintiff for goods, without the defendant's in.
doraement ; and it was sworn on the part of the de-
fendant, that, upon the plaintiff's Making applications
to the defendant to indorse his bill, it was represented
to him, that he never should be called upon to pay
;it ; and that his indorsement was required only for
negociating the bill the better. Lord EaLeNtioaouon
left the case to the Jury, ►►pon the credit of witnesses,
and they found a verdict for the plaintiff.
COHEN Vs JONES:
This was an action fur two Promissory Notes of
upwards of £llOO, given by the defendant as a secu-
rity to, the plaintiff, Mrs. Cohen, for money which
he had obtained of her to discount bills with. The
defence was, that the plaintiff, in her answer to a
bill in Chancery, had sworn,. that, for advances of
£llBl. 17s 6d.to the defendant, she had received from
him £1159. 15s. 9d. and other articles, not exceeding
the value of £6O. This would turn the gal ►nce the
other way and ft was quite Apparent from the connec-
tion of the answer, and from the facts of the case, that
the sum of £1159. 15s. 9d. had been inserted in the
blank left for the sum in the answer by a clerical
mistake. The question did not arrive at this point,
from the defendant's failure to prove that the answer
had been examined with the original record; but Lard
ELLEN BOROUGH said, that if it had, he should have
taken the answer, errors excepted, and not have given
it a sense which its context reprobated. In this case,
Lord If.t.ceNtiottouott decided, notwithstanding two
apparently contrary decisions of the Lord Chief Baron
and Mr. Jttstice LawsteNcE, which were reported to
his Lordship, that an examination of a copy of a re-
cord with the original, one person reading the original
to another in aurani and the other correcting the copy
from that reading, was net a good examination. H►s
Lordship did not say that o:we must be two examina-
L dons cross:ways ; bat the examiner must compare the'
copy with the original, and actually see that what is,
read to him is true ; otherwise, non coining but it may
be an invention of the reader. A case was mentioned
bey the ATTORNEV-GENERAL, ceris, ►n whieh,
the late Mr. Seijiartt Wtaatams had innocently ob-
tained a 'verdict upon a mistaken readiag by a keeper I
of an original record, in the copy of which the mistake
has adopted.
Lord ELLENBOROUGH in this case, also, objected to
recognize a record in a public office as genuine, unless
the roll appeared in its proper custody; and cautioned
the keepers of such retards not to trust them oat of
their hands.—Verdict for the plaintiff.
NOVZMBER s.

THE KING 11.•CHAPPEL:
The ATTORNEY-GENERAL stated that this *as an
indictment against the trtntk•maker, at the corner of
.St. Paul's Church-yard, for refusing to serve the of-
Ike of Constable of the Ward of Farringdon Within,
to which he had been elected by the precinct of St.
' Faith, and appointed.by ithe General Wirdmote.—
His objection to be sworn was, that he was a Mem.
her of the Batten' Company. and was therefore, by
several charters and letters•patent, exempt. The
fact was, that the Barbers' and the Surgeons' were
originally two companies, sod were afterwatds united
with exemptions to not exceeding twelve of them to
serve Ward and Parish Offices.
1.41 d Em.genoxodast.--The reason was, that :the

r pub' c could not stay for Surgical assistance, but might
go unshorn till the barber had executed his ward or
;parish office.
Mr. MARRYAT, for the defendant, took a legal ob.
lectiun to the indictment, inasmuch as an alleged de-
scription in it was not sustained by proof. The right
of election io the offices was stated to reside in all per-
sons inhabiting and paying scot and bearing lot. Now
the witness did not know (luny instance where a pau-
per was disallowed to vote.
Lord ELLRNBOROUGII overruled the objection.—
The common law disqualified every one in a state of
pauperty. The House of Commons always disal-
lowed paupers to vote in its elections--,and though in
many of its later Acts the words a not being pau-
pers" occurred, that was ex abundanti. In this case,
there was at least prima facie evidence to go to a Jury
against the objection.

Mr. MARRY-AT proceeded to state, that the indict- '
meat set forth an immemorial custom, to which it
WAS essential that it should have existed fur more than
600 years, that is, from the days of Richard T. for
so long was the legal memory of man held to go back.
Now, he should shew that an Alderman was nos.. an
immemorial officer ; and he should call upon the city
to producs their charter, by which it would appear
that they had not a Mayor within legal memory.—
But the eustom was stated to have been, that the in-
habitants paying scot and bearing lot should elect
some petstin to the office of Constable: Now, it had
not been proved that such inhabitants did pay and
bear scot and lot.
Lord Eta.essonotmn—:Every inhabitant tfitAt be
pi esuMeit Cu do so, if he is not a pauper. He is pre- •
dicated to be an inhabitant tecindum subjectam materiam.
Mr. MARRYAT then traced the history of the Bar-
bers' Company. In a statute of the Sd Henry VIII.
ch. 11. their charter was first noticed : And whereas
certain weavers had presumed to practice barber.
surgery, it was enacted that no person should prac-
tice physic or surgery in London, except they had
been examined before the Bishop of London or the
'Dean of StiiPauPs, and four practicers of their re-
'spective professions. In the Bth year of the reign of
Henry VIII; the surgeons were made a distinct body
by the title of the Warden and Fellowship of thecraft
and mystery 'of Surgeons, not passing in number
twelve. By that statute, the Surgeons were expressly
discharged from ward and parish officers; and the
exemption was extended by a clause of the act to all
barber surgeons, admitted according to the before•
mentioned form, not exceeding in number twelve.—
In the 3ld Henry VIII. ch. 42. was passed a statute
entitled an Act for Barbers and Surgeons. It recited,
that they were two distinct companies, the barber*
,incorporated by the charter of Edward IV. and that
great benefit would arise from their being united into
one—and it therefore, did unite them, and gave them
amongst other privileges, the enjoyment of all liber-
ties, franchises, and free customs, which had been
at any time given to both companies by acts of Par-
liament, letters-patent, or otherwise however. Under
this statute, the Learned Counsel claimed his client's
exemption.
Lord ELLENHOROUGH said, that it was a different
question whether the defendant might not claim to
be examined before theßishop of London or Coe Lean
of St. Paul's. The Act gave the united company
..everfgeneral privilege that both companies before
had—but it could not enlarge what had been below
communicated to only twelve, so as to make it a
communication tOthe whole company, The Act of
lUnion gave to the Barber a capacity of being one of
the twelve ; and when he had become so, he had his
exemption—but it never could mean to communicate
to kive or six hunched what had always before been
industriously confined to twelve. Sliew your client to
have been an admitted Surgeon as one of the twelve.
Mrs Mammal could not of course. : • • _

Lord:Eumssoaouon=Then, his claim of eaemp-
titat is beyond the reason and construction of the
statutes
Upon Mr. MARRYAT9SCaIIing upon the: Town-clerk
to produce the City's charter of King John, it ap-
peared that • Mr. Woodthorpe had nut been sub-
panaed, nor had that notice which would have ena,
bled him to apply for leave to produce it.
Lorti.ELLEwoottouoir would not compel a public
officer hastily to produce such a record: He should
hate been subpoenaed.
Mr. ATTORNYT GENERAL.—NOtiC,.• to produce to
us would have been nothing. The City is not a
party—Mr. Wocidthorpe should have had a subpoena
duce tecubt.
Lord ELLEBBOROLIGH had no doubt but it would
turn out, that the City had immemorially been pre-
sided over by some officer answering to Mayor, whe-
ther under the title of Elder-man, or otherwise ; and
that Aldermen were, in substance, equally immemo-
rial, if the city had always been divided into wards :
but, at present, there was no evidence for the defen-
dant ; and ht was accordingly found—Guilty:
NOVEMBER 4.
THE KING W. PIUNCHON.
This was an indictment against a bankrupt for per.
jury, in an examination before his Commissioners ;
but it not being possible to prove that the alleged
plijury was put in writing, and the solicitor not being
able to swear that the question was put to the defen-
dant, as stated in the record, he was immediately
found Nut Guilty:
LAY D. 000 D AND ATKINS, ISQRS.
' This was an action against the late Sherifftof '
Lops'.
don and Middlesex, who had levied an execution i
ids, the property of Mr. Cole, at the suit ofr
Wilmot, the upholsterer, who had furnished them ;
and upon which goods the plaintiff claimed a prior
lien, by virtue of el bill of sale which Mr. Cole had
executed to him. The wife of Mr. Cole, who him-
self was an usher at a boarding school at Kensington,
bad fitted-up a house in Bedford-place as a lodging-
house ; and the plaintiff had recommended Mr. Cole
to tradesmen, and hdd had bill transactions with him
in paying those tradesmen. The defence was, that
the bill of sale was vitiated, it having been procured
y fraud:; and Mrs. Cole was called to prove, that
the bill of sale was given under a promise from the
plaintiff, that it should not be made use off; and that
.11
Mr. Cole executed it without having read it : but
I Lord Elleaborough could not receive this parole evi-
dence,-to contradict a deed under hand and seal; and
.quoted the case of Meres v. Ansel], in Wilson,' in
which parole evidence was refused, to prove, that a
conveyance by deed of one close, meant, really to con-
-1' two closes. Recourse might be bad to a Bill is

. .
Chancery, and the plaintiff compelled to answer on
his oath, as to the fraud. Here the plaintiff must
take a verdict : damages, rE9O9.
SCSI ROUDER V. VA •
This was an action upon a policy of insurance out.
the ship Success, from Archangel to Great. Britain,
at a premium of seven guineas per cent. During the
voyage it became necessary to take some part oft the
cargo of wheat out of the vessel, and put it into light-
ers, where, after the loss of the vessel by sywnis; it
was obliged to lie till it became of no value. The
voyage was performed ander a licence, dateJ Fehrua.
ary 17, 1810, to Stein, and other British merchants;
and the licence had been extended in co-union with
others, by an Order in Council, so as v.) cover the
commencement of the present risk.
Mr. Serjeant BEST, for the defendant, t an ob-
jection to the licence, wl.ich, although it might exempt
the plaintiff's hostile character, could not dispense
with the Navigation Act. The Captain of this yes.
sel was a native of Hamburgh, and the owners of the
vessel were Hamburghers. The Learned Serjeant
was aware, that the Navigation Act had been relaxed
by the subsequent Salutes of the 43 Geo. 111. c.
48 Gen. 111. c. 108. and 49 Geo. c. (i 0 ; but in
every one of these Acts it was expressly declared, that
the licence must specify the goods; which this licence
to cover wheat did not. Lord ELenburough had laid
it down, that if the risk began at any former period
within the licence, it was enough ; and it had also
been dec;ded, that the words " and others," extend-
ed to neutrals ; so that the Serjeant rested only upon
this objection.
Mr. GARROW;' for,:ihe plaintiff, apprehended ho
had a clear answer is it; under one of tLe Orders in
Council. The licencespoke of cargoes, such as by law,
might be imported ; and he apprehended that the
K;ng might, by his prerogative, swpend a seizure tie
forfeiture ; and was proceeding to recite a Proclama-
tion, when
Lord ELLEN BOROUGH interrupted him, to say, that
there were so many Acts of Parliament on the sub-
ject, that he would reserve the point ; and the plain.
[tiff might take a verdict subject thereto As to pro-
clamations, his Lordship could know them only at
they were produced ; as to them, he could only go
secundunt ollegora ci prebaia. The King, however, c and
not dispense with the provisions of an Act of Parlia-
ment, although he might forego his rigl t accruing its
respect of war.. The King might make peace, or he
might make war, or he might make mitigated war,
or relieve the consequences of hostility. The question
was, whether this licence interfered with the provi•
sions of the Navigation Act?
Mr. Serjeant Best produced, in order to prove, that
this country was at war with Russia, a Gazette, con-
taining an order of reprisals.
Mr. GA RROW did not know of this Gazette, in the
late case in which this question occurred.
Lord ELLENIDROLISH.—Nor am I bound to know
of all prrclamations. It is quite enough to get all
the Acts of Parliament in the statute book into one's
head. It was; therefore, fnat the question the other
day was suffered to go to a Jury.
Mr. Serjeant Best also called a witness to prove
the state of Hamburgh throughout the year 1810.
There was a French garrison there ; but the city was
suffered to display its own coat of arms, and was go.
verned by the Senate of Hamhui gh.
1 Lord ELLINIOROVOH.—Then it seems there was
. only a very considerable portion of French intrusioo.
In answer to a qtrestion ftom a Jurym.n, the wire
ness added, that the Senate of Hambutgh Collected
' the customs:
Lord ELLetosoaouott.—The Civil and fiscal autho-
rities were therefore both in the city of Hailiburgh.
' Mr. GARROW desired, therefore, that that fact
might be found for him.

Thete was a mistake in the name of one of the Jury,
men who tried the cause, the KING against WHITE
instead of klooLesposc, it should have been RIGARI.II.
NORD.
- When the verdict of the Jury in the Insurance
cause was lately given in Guildhall, fciunclid on their
opinion that Russia was a neutral power, a Gentiws
man observed that we had long acted as neutrals,
facto, with Russia, notwithstanding het declaration of
war and determined hostility against ns ; hut now, by
this decision, it clearly appeared that we were at peace
de Jury as well as Ile facto.
Saturday as some W, rkmen Were clearing airay
the rubbish adjoining a new building in Mount-street,
Plymouth, they dug up a liuMan skull, wi h the bones
of a leg and an arm. Conjecture has hitherto been
unable to account for these relics being deposited in
such a situation. A skull and some human bones
were dug up about 12 months since, at no great dis.
tance from this spot ; two persons, whose bo
were never found, are stated to have been murdered •
in that neighbourhood, within the last 30 *ears.
Firtv.s.—Tuesday last, the realt-kiln belongirq to
Mr. R. Stephenson, of Beverley, was discov -red to
be on fire. From the situation of the building (being
contiguous to several houses in a.principal street), it
was apprehendecta dreadful conflagration would Niro
platte, but, by the exertions of Captain Pepper, and
his troop of 2d Dragoon Guards, and the arrival of
the engines, the flames were got under viithout ma.;
terial damage.
A fire broke out on Thursday, about one o'clock,
in the house of Mr. Maguire, rope-maker, Church.
street, Dnblip, in consequence of some sparks having
comMunicated to a quantity of hemp placed almost
close to a chimney; The fixtures of the house were
entirely destroyed ; great part of the goods however
have been preserved, and we have heard that the
property is .insured. The adjoining house of Mr.
Adrien, tobacconist, which is likewise insured, has
been very considerably damaged. By the prompt aid
of the fire-engines further mischief was prevented,
and the fire got under aboUt four o'clock.
'Three destructive fires occutred at and near Man-
chester, on Saturday se'nnight. At nine o'clock in
the evening a fire broke out, and very soon consumed
the stock, and the stove-house, belonging to the dye-
works of Mr. Collier, at Salford. The alarm had not
subsided, when another fire was discovered in the
stove-building of Mr. Blackwell Verdcn's dye-house,
in Cannon-street ; and this building, with a large
quantity of goods, fell a prey to the flames. Also,
about one o'clock in the morning, Mr. Thackery's
cotton-factory, at Wood End, neat Oldham, was re-
duced to ashes, and not a single article of machinery
or any other property could be saved.

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OLD BAILS?", NOVE JIBE it 4.
CHARGE OF MURDER. —Manuel Jose da Silva, whose
trial was posponed on Friday last, in consequence of
the absence of a material witness, was this day rut
to the bar. He stood indicted for having wilfully,
and of his malice aforethought, killed and murdered
John Douglas, on the 22d day of September last, iii
the parish of Aldgate.
John William Tandy, a seaman, deposed, that on
the night of the 22d of September, he had been sit-
ting at the Beehive public-house, in Nightingale-lane.
At 11 o'clock he quitted the house, and went into
the lane, where he remained waiting a short time for
a friend who was to accompany him home. While
there an English sailor accosted him, and asked him
if he could shew him the way to Plough-court, wit-
rtess gave him the proper directions, when he asked I
him if he would take the snare of a pot of porter, but
he refused, saying, he must go home. The English
sailor then went on towards Redcross-street, Which
was a short distance from where witness stood. Wit-
ness now observed the prisoner in company with three'
other men, whom he took to be Portuguese, and a
girl coming up Nightingale-lane, towards the Eng-
lish sailor. Upon their meeting, some altercation
took place between the English sailor and the pri-
oaner, but witness did not hear the words that passed. I
l'hey then separated, and each pursued their separate I
course. Witness then observed the prisoner strug-
gling with the girl already mentioned as having been
in his company, as it he wanted to folfow the English '
sailor, but she prevented him, and they came on un-
til they reached the Witness, the three men previously
mentioned having gone forward. The prisoner then
called out to the Engli sailor, who stopped on hear- .
ins his abuse, and threatened to kick him to h-11.
Upon which, the Eitlish sailor came back, anti some
further altercation took place. The deceased, whom 1
witness then s tw for the first time, carne towards the
pris-ner and the English sailor, and went between
t' 'ern for the purpoSti of parting them. The girl then ,
cried out twice, 0 ! Manuel, don't !" but she had
scarce tittered the words when the deceased tottered
tawards the witness, and putting his hand on his
shoulder, said, he was stabbed! Witness put his
hunt to his left side, and found. the blood issuing pro-
fusely. He immediately unbuttoned his waistcoat
and trowsers, with a view to staunch the wound,
when he saw a cut just above the hipbone. He then
assisted him into the Beehive, from which be was
taken to a surgeon, in East Smithfield, and thence
to the Hospital, where he died the nett day. The
prisoner was apprehended the same night.
Witness, on his cross-examination said, he did
not see ar.y blow struck. The three men whom he
first saw in the prisoner's company were standing
near him at the time the girl cried out. He was
about 18 yards from' the ptisoner and deceased when
he heard the girl cry out. The English sailor ac-
companied witness and the deceased to the Surgeon,
when, on some person urging the propriety of send:
ing the deceased to the Hospital, the English sailor
went out for a hackney-coach, but did not reftirn,,
nor did witness again see .him down to the present.
period. The prisoner had not attempted to run away, •
bitt was readily found at a public-house shortly
afterwards.
Jones and Walker, two sailors,' proved, that
they heard the words of the girl; and saw the de-1
ceased walk towards the last witness after he was '
stabbed.
The wh:tcliman who apprehended the prisoner pro.
duced a large knife, which he found near the spat I
where the affray took place. It was shut when he
picked it up.
A Surgeon, from the London Hospital, proved
that the death of the deceased was occasioned by the
wound on his hip.
The evidence for the prosecution was about to close
here, when the Police Officer, in whose custody the
prisoner was, stated, that Rosella Plunkett, the girl
to whom the first witness alluded, as having cried out
" 0 ! Manuel, don't !" had been subpcened, and
was then in Court.
Baron TnostesoN said, her name was not on the
'back of the indictment ; she was called, however,
and examined, when she said, she was so much in-
toxicated, that she could neither recollect any thing
of the affr ly, nor could she say with whom she was
in company on the night in cefestion.
Three of the countrymen of the prisoner spoke to
the general humane character of the prisoner, who,
it appeared, was a mariner.
Baron I'uoMPNOM, having summed up the evidence,
dwelt particularly oa the absence of all proof as to
the prisoner having been seen to draw a knife, or to
have a knife in his possession: He also begged the
Jury to consider, that the deceased was seen to run
from amongst several persons, and, upon taking'
these facts into con.: ier.ttion, to say, whether they
were so far convinced of the prisoner's being the hand
which inflicted the wound, that they could have no
doubt of his guilt. If they had any fair and rea-
sonable doubt, the prisoner was entitled to an ac-
quittal ; if, on the contrary, they were satisfied of
the guilt of the prisoner, they would return a verdict
accordingly.
The Jut y, after a few moments consideration, Ac-
'flitted the prisoner. When he was made acquainted
with the verdict of the Jury, his countenance expressed
the most extraordinary emotions of joy, and, as he
went down the stairs from the Court, he was seen to
embrace the turnkey who had explained to him the
meaning of the verdict.
James Manffiflil was next tried on an indictment
.charging him with having resisted one Henry Smith,
a mariner belonging to the Rattlesnake Custom-house
lugger, alter he had lawfully seized a foreign boat ,
within one hundred leagues of the shore of Great i
Britain, to wit, in the parish of Walmer, in the county
of 'Kent, the said boat being full of half ankers of spi-
rituous liquor.
Mr. Kware, Counsel for the prosecution, stated,
that the indictment under which the prisoner stood
charged was founded upon a statute passed in the pre-
sent King's rei';a, made for the purpose of protecting
the revenue racers in the execution of their duty,, by
which it was enacted, that any person found obstruc-
. ting or resisting the officers of his Majesty's customs
in the seizure of any contraband goods, were liable to
punishment to the extent of transportation or to im-
prisonment in the House of Correction, as the Court
might think proper to as aid ; and, by the Acne Act,