Star.
London, England, 1803-12-22 00:00:00

ltrrn. r., and Nl' fluta, an a tlAculty had been re-
moved, relpe&ii.g t. .e anfpontion of the two pin,
Nat.le. and Palermo, lame the Judges. The fad on
which the prelim aSifin is grounded, was, that, be-
ing infrared by the Defendant, the cleared out for
Naples, and was cat-tented before the arrived at any
port.. The Defendant contended l.e was not on the
policA at all, and had paid the preinium into COWL
MeirlS. ERSKINE, PARKE, ADAM, and GARRLEY
were for the Plaintiff. _ .

Mefrrs. Gaaaow, GI!/s, and Gliss for the De-
fendant.

.....
Mr. ERS KIN E, for the Plaintiff, (fated, that the only
qudlion on which the trial would turn was, if the veg.-
fel were reprefented to be neutral, in a way amount-
inkt to a warranty, In as to invalidate tile infurance.
lie laid nothing could he more dangerous, than care-
lefsly to admit parole communication to lupeeede
written contra 1. The premium was fix or eight per
cent. higher than was given at the time ou neutral
veffels, and therefc-re no reprefentation of neutrality
could be pretended. lie farther obferved. that the jn-
forance, which was at 58 guineas per tool. was to re-
turn four in cafe the failed with convoy, and he Rated
this as an argument that the could not be reprefented
as neutral, becaufe a convoy mutt be entirely deka
for the protclion of a neutral relfel.
The admitilons being read by the Clerk of the
Court, _ _ .

Mr. CARIV,W fpoke at confider:Me length for
Deteu,lant. He entered into the decifion before Lor.l
Kenyon on the impriTibility of admitting this velf_i
to the neutral chara&er. If A reprefentation he given
upon a material fie, calculated to influence the cm.
dition of the contraEt, Inch contra& is void. The ha-
bit of confidence in Lloyd's ti,ffee Houle, In need--
fary to expedite Wind's, had diabliflied a fort of pa-
role communication which became a part of the con-
tra& ; and the quellion in thi; cafe was, if the broker
had made fuel' parole communication as to the ntn.
trality of the vdrel ; and if it fliould appear that he
had fa done, the names of the Underwriters were to
be confidered as effaced from the policy.
Mr. Robinfon, a Policy Broker, was then called,
who depofed that he was employed by one Le Snuffe,
wit° was agent to the Plaintiff; that he recolletted
this perfon reprelented the veffel as neutral, and that
he himfelf in confequence reported it to the Defendant.
Mr. ERSKINE having been heard in reply,
Lord ELLENSOROCIGH.—The queßion is, if the re-
prefentations Bated have been made, and if thereby
the Underwriters vide induced to contra& at a lower
premium? if Inch he the cafe, the policy is void.—
The whale depends upon the evidence of one witnefs,
and you are to judge of the degree of credibility he
deferves. The condition of the return of premium,
in cafe of going by convoy, does not neceffarily im-
ply that the veffel was not reprefented as neutral, be.
eaufe, on account of the ferocity with which the loft
war was eondueted by the enemy, and the unjull de•
cifions of fome of the foreign Courts of Admiralty, it
was foie convenient even to protell neutral veffels
by the gallantry of thole who fight under the Britifh
flag.—Verdift for the Defendant.
A fimilar verdift was obtained in the cafe of Mart
den v. Dick. The fame Plaintiff and Parifh was
pottponed, with coils, by the application of the Plain-
tiff, in the abfence of a material witnefs. The two
following, Madden v. Walaford, and Madden v.
Abbot, were decided, on the contrary, for the Plain-
tiff, the Defendants not being able to ellablifh that
any warranty or reprefentation of neutrality had been
given. On this occatimi, Lord ELLarisolouGH re-
marked, that the Jury were not at all chargeable
with inconfiflency for the variation in their verdia in
the halt two cafes, becaule fetch of the eaufes mull
(land upon their feparate and independent merits; and
however near the tefemblance might be, the redun-
dance in the evidence in the one, could not fupply
the deficiency in the other. -

DICEMSER 21.

DOVER V. 61 L Er•lig, 'Kt

This cafe was conduced with great eloquence, by
Mr. ERSRINS, Mr. GARROW, Mr. WOOD. and Mr.
BARROW, on the part of the Plaintiff; and by Mr.
DALLAS and Mr. Grass, on behalf of the Defen-
dant. From the length of it, we can only-attempt to
dcfcribe its outlines. It was, according to Mr. ER S-
RIR a's opening, an ration on the Bribery Ad, to re-
cover a penalty of pot. of the Defendant, Mr.
Meaner, who is a very eminent (hip builder, and a
Gentleman of the foil refpeEtability and charataer.—
This anion was brought againli him, for corruptly
giving a turn cf money to one James Sharp, to
give him his vote at the laR General Eleftionr
for the Borough of Hedon, in the EMI Riding of
Yorklbire. James Sharp, who is by trade a tailor,
and a labourer in the Ertl India Company's ware-
houfes, is a Freeman of that Corporation. The ac-
tion was brought to put in force one of the molt va-
luable Alts of Parliament on the Statute Book. It
was unneccfary to enlarge on the importance of this
caufe, before Gentlemen of the delcription he had
then the honour of addrelling. There was among
the cultoms of this Borough, one that was fingular.
It was prefined, that every man who had flood a
Candidate for this Borough, from time whereof the
memory of man was not to the contrary, was a man of
Ilrict honour ; and that whatever fums of money he
might give to thole who had favoured him with their
votes, after the Election, lie gave them no money
before, nor mad.! any promife to that effeet. But it
had been undcritood, in all times, that every Burgers
who gave a Candidate what is called a plumper,
(or Tingle vrte) was entitled to the funs of twenty
guineas;—and he who voted for two Candidates,
bad ten guinea:: lions each of them. This cafes
he laid, woo:vi be made out moll entirely to the find.
faCtion of the :try. The Learned Counfel laid he
knew Mr. Mitasr. that he was a very eminent thip.
wright ; but although this was a country fond of
naval men, he hared when he found Mr. Malaer
had Anne down to (land as a Candidate fir Hedon,
an inland place in Vorkihire ; a Ihip wright living in
London I However, when men had made large for-
tunes by fair Ind In-atourable means, he was very far
from finding fault w,th them tor handing up to be
public men, and to become Members of Parliament.
Tla: Defendant paid ,harp, fir lt of all, 51. in a 51.
Bank of England Note, and in half all hour alter
Sharp paid it away to a perfon of the name of
Lloyd, lit.chum he had been employed to make
louse clodws, and which had been fpoiled by
come ink that had ',tor Spilled upon them. He was
not tlie only wane!. that would be called. He Should
call Gther witncdes, and, among the relt he amid

call a Ottoleman, whore tell:ln:my would he liable
to obfervations, Mr. Chilitopher Saville; formerly''
Christopher Atkinfon, who is one of the Members
for Hedoti. His friends on the other fide would,
he had no doubt, produce the Record of a con-
vielion for perjury againfl that Oentleman.• And
Le might obferve, that the Attorney General of
that day. (the prefcnt Lord Chief Baron) was
not fatisfied with the Convitlion of that Gentle-
man in the Court of King's Bench before Lord
Mansfield, and with his ruffering the puni(hment
attaching on that offence. The Attorney Ge-
neral thought it hit duty ra,t to confider that
to h.: a sufficient onnithment ;—but he brought him
into the Court of Exchequer, in order to make relli.
tution for the breach of his contracts. Accordingly
the Attorney General filed his information againft
Mr. Arkinfon, for rellitolion of the fums of which
he was Itippofed to have defrauded the public. He
had to pals through that ordeal profecuted by the,
Officers of the Crown, who mutt ufe eagles eye! for
the of guilt. The conclulion of it was,
that the Lord Chief Baron, afterwards Lord Chief
Pl,lice Eyre, of whom every body mutt fay he was
a jidge of gre it abilities and learning, and who
ceYtainly did not relax in the administration of his
ril)lic duties, pronounced the Judgment of the
Court, concluding in there words :—" This is the
Book from which the accounts and payments were
fr,,in time to time entered, from which the refult
appears to me abfulute demonitration ; to the trtitti
of which I,for one, find it impollible to withhold my
:dent, and I have the authority of my brothels to hay,
that upon an examination and contideration of the
lubjett, they agree wi:h me in that opinion." So
that it was found nothing was due to the Crown from
this Gentleman. And thus, after having fuffered
the utmott rigour of the law, and after being ex-
paced to that Ignominy, he at la.t received that de-
liverance which, be Paid, lte conlidered to be the
greateft deliverance front the confequences of hu—
man malice, and from the infirmities of human judg-
ment. The prefcnt cattle, important as it was, did not
&terve to be named in the fame century with what
he was then fpeaking of. It was a molt comforting
cunfidelation, that no man in this tree country could
ultimately fuller onjuttt.,. But every man of purity
of conlcieuce, cf integtity and honour, one day or
another, mull be delivered from.the confequences of
injullice. In confequence of a corredt report of the
proceedings againß this Gentleman, and their final
refult being tranlmitted to the King, his Majefly
was moll gracionlily pleated to grant him a pardon
under the Great Seal.

The firft material witnefs was James Sharp, who,
after having been at a public meeting, and a fupper,
with Mr. Maher, and lateen or teventeen of his
friends, in OCtober, t Bor, called on Mr. Meßaer at
his own honfe in Broad-ltreett He told him he was
a freeman of Hedon, but he did not promife him his
rote then, by reafon that Sir Liorfel Dare% at the
former Eleaion in 1796, had difappointed him. He
had only given him two ;guineas, and owed him
therefore 171. tSs. for his vote. He Paid, he prm
mired Mr. Metlaer his legal vote. He had not before
that time feen any of Mr. Meflaer's money. Some
time after that he called on Mr. Meßaer, and afked
him, if he would pltafe to oblige him by lending
him four or five pounds. He afked, if two or three
would not do? The witnefsfisisf, two or three were too
little, but four might do. Mr. Mellaer turned round,
and gave him a 51. Bank of England Note, for which
he gave Mr. Meftaer hi. own promitfory note, for the
repayment of that firm on demand ; that note was
not Ramped. At the eleaion he voted for Mr. Mel
taer :old Mr. Johrdon, and when he was there he
borrowed two guineas of Mr. Bower, Mr. Menaces
Agent; and atter the eleaion, when he came to
London, Mr. Meaaer paid him Ps. making in all
ten guineas. When Mr. Cliriflopher Saville was
called, Mr. Grass cleared he might be fworn to the
dire, which ht was. Mr. DALLAS Paid, it was
his duty to afk Mr. Saville a very unplealant quef
Lion: Had he Rand in the pillory ? The witnefs
anfwered, Yes. The learned Cnunfel fubmitted he
was not a competent witnefs. He produced the re-
cord of the Court of King's Bench, of Lis convitlion
for perjury, in die 23d year of the King, which was
read. Mr. East's's admitted his competence was
deßroyed by that conviction, but that he would re-
(lore it-by his Majeßy's mull gracious pardon, which
Mr. Saviic ptoduced, and which was read. Mr.
DALLAS Rill contended, that Mr. Saville having fuf
feted an infamous ponifhment, was not a competent
witnefs. But Lord ELL.NaoaOUCN was of opinion,
that he was reftored to his competency by the King's
pardon. The indiament fot perjury was founded on
the Common-Law, and not on the ttatute, and there.
fore it was competent to the King, in virtue of his
prerogative, to reftore him to his former privileges
and franchifes, though not to repeal an Aft of Par-
liament. Mr. ERS KIN I obferved, that this Gentle-
man had been examined at York and feveral other
places fince he bad obtained his pardon.
Here Mr. Saville was (worn, and before he gave
'any evidence, alked his Lnrdlhip if he might-be per.
mitted to fay a few words?
..

Lord E OROUCH laid, noir you are reflored
by the pardon to your competency.
The witnefs made the fame reivieft a feeond time,
when Lis Lordflap laid, y-u are an abaraft perfon,
I have nothing to do with your cafe. You (land now
in the fame fituation as if nothing had pafTed.
Mr. Saville, among many other things in hi: ell
dente, (aid, he was at piefent one of the Members
for Iledon, and that he had reprefented it in two for.
mer Parliaments, ti-it is 17s o, and afierwartic in
1796. In tBor, he became acquainted with Mr.
Meitaer, who was in the habit of calling upon him
about that time ; tli.:y then mull: to art in col:junc-
tion, as Candidates at the then enfiiirig cleflion. Mr.
Meilaer told him, he ‘l going on v‘r) luceei,fu!ly
in the country. The wiiiiJs .::kcd him to what lie
attributed that rapid luccefs lie faid he hid alltilo-
- his agent to proni;re the t.•ttrs fifteen guine us
inilead of the old firm of ten guinea,. Tiie wiinefs
allied him how he was g,iotz on in London ? lie
Paid he had James Sharp with h rn, and that he ha.l
let him have 51. Ir. costkiiience if that, he had nrw
given him a fulemn pruni.ie, and he believed he
keep his word. The wi•nefs admiro.l that M.
tier had brought an :01:on t againil Lim;
that he coniideied li.rnivlt as the v*.scovcrer of this
aft of briber T, an I that, it it be- ricceirar., he
would take all the ad vate.ogr. wii rh .the iaw wcnld
give him to tile fh Jul.! be hr thc