Star.
London, England, 1804-12-19 00:00:00

fag on the roof, he eroffed tips* tt himfelf, gained
the top of the wall, and got dqurn by his lope Lad•
der into Fleet-market, where arks were prepared
by an accomplice to carry him off.
A number of exceptions were taken hy the Defen-
dant's Counfel, as to the ttrift formality of the legal
proceedings, in the mode of filing and entering the
declaration. After a dikuffion of (nate length, how,
ever, the Court was of opinion, that the proceed-
ings were regular, and the prifoner, in all refpeas,
legally in cultody.
Mr. Serjeant SHEPHERD then addreffed the Jury
on the nature of the debt, being a claim for wine and
tobacco, alledged to be furnithed to Johnfon, a no-
torious (muggier, for the fupply of Sir Ralph Aber-
crombie's army ; a pretence which, he Paid, was a
libel at once upon his Majefty's Government, and
upon the feveral Commiffioners, whore peculiar duty
it was to furnifh fupplies to the King's troops, upon
the feveral expeditions on which they might be fent.
For although Johnfon, as a notorious fmuggler, ac-
quainted with every creek and cranny on both the
Dutch and-French coats, where any landing could
be effcBed, was deemed a very fit perfon to aft as
leadin pilot upon fuch an expedition as that under
Sir Ralph Abercrombie's command, and was, on that
account, chofen by Government for the purpofe; yet
to fupp.ofe that fuch a man would be employed as a
Purveyor cf provifions or wines, or a Commiffary
for the fupply of the troops, inllead of ordering thrill
fupplies through the ufual and eftabliffied channels,
was abfurd in the extreme; and it was full as abfurd
to fuppofe that Mr. Allaire, inflead of applying in
what be mull know to be the ufual channel, namely,
the proper office of Government, in England, for pay;
meat of any jolt demand for fupplies really furnifhed
for the ore Of his Majefty's troops,and as all other per-
fons furnilbing fuch fupplies always applied, fhould
chafe to go to law with Mr. Johnfon for the money.
It was infinitely more probable that this order of Mr.
Johnfon's was calculated as a mere cloak for fn ug-
gling the goods into England, at a convenient op-
portunity : for if the Fox lugger, on board of which
they were, &Tula be found hovering within the pro-
hibited dillance of the Britifh coati, and were feized
by a revenue cruizer, the Commander would have
only to produce his written documents, that the goods
were for the Britifh Army, and that he only waited
a fair wind. It was impoffible that Mr. Allaire, of
Goer nfcy, and his partner Mr. Wenham, of Rafting',
Gentlemen as well known by the Suffex denomination
,offair-traders, otherwife fmugglers, as any others in
either country, mutt too well know the chandler
of Johnfon, to confider him for one moment in the
light of an Army Purveyor for Government. Bar
the true fael was, that this was an atlion brought ex-
perimentally by fome °Ube accomplices of Johnfon,
to recover a comparatively (mall fora from Istr.Eyles„
again ft whom other aaions to the amount of 12,0c01.
only waited the iffue of this. For detainers to that
amount had been laid againa. Johnfon, while a pri-
foner in the Fleet, for the identical purpofe of enabling
him to contrive his efcape, and thereby to (addle the;
whole demand upon the Warden of the Fleet Prifon,
and plunder him of his property.
Mr. Serjeant SHEPHERD was afterwards proceeding
to call evidence, but the Foreman of the Jury faid,
his Lordfhip had no neceffity to take up more of the
time of the Court on this cafe, as the jury raw clearly
the debt was a fmuggling trituration, sad the Plain-
tiff entitled to no verdia.--Plaintif isonfrit,s4