Star.
London, England, 1803-01-20 00:00:00

HODGSON AND ANDTHIN D. T.F S.

According to Mr. ERCK Imes opening, this was
an anion on a Policy of Infurance on the Hoop
Catherine; and alto on a cargo of rum that was
on board. The voyage vas at and from St. Vin-
cent's, in the Weft Indiel, to Shelburne, or any
other port in Nova Scotia. The Infurance on the
veffcl amounted to 8001. and the rum was calcula-
ted at 331. 6s. Rd. per calk. The flop failed on her
voyage, but was obliged to put into the Bermuda
Hands, in difirefs. But the particular circum-
(lances nor being then known to the parties, and
they conlidering that the had gone fo far on her
voyage, this memorandum was put on the policy
"The within fhip having been blown on the waft
of America, and put into Bermuda in diftrefs, we
agree to give the faid (hip liberty to go to all or
any of the Bahama Iflands,inflead of proceeding to
Shelburne, as required, without prejudice to this
infurance." It turned out that this dittrefs was not
of a fort capable of being repaired, at lea ft not for
the advantage of the perfons concerned. The War-
dens of that port, who are public officers, perfuns
of credit and reputation, having a public duty call
upon them, furveyed and returveyed this (hip, and
the was condemned, fo that this was the cafe of a
total lots of the (hip, valued at Root. with an ave-
rage on the casgn, arising from a deterioration,
from the perils of the tea.
Lord Ei.a.vssoitouou.—" In confeqnence of
the alteration made in the policy, is there no new
tramp necetrary ? I a& the quettion, becaufe it is
my duty to proted the revenue."
Mr. Peat laid, the Ad of Parliament required
no ties. Ramp. See 3; Ow. 111. c. 63. fe.t. 13.
and Park's Infurance Law, page 23.
On the part of the Plaintiffs, Captain Itentifh
proved that this (hip was thoroughly repaired be-
fore the failed on the voyage infured. But they
proved no lufs.
Mr. EitxiiiE obferved, t!tat the DJendant had
paid money into Court on the whoie declaration,
And had thereby admitted the caufe of Aaion.
Mr. PARK, on the part of the Defendant, faid,
the money paid into Court, was the premium, and
that it did not admit the cattle of anion.

Lord Ect.swentouc I do not fay the pay.
ing this money into Court admits the caufe of
aaion, but it admits they are entitled to recover
fo much. If the Plaintiffs flop here, they can re-
cover the money paid into Court, and no more, as
they have proved no lots. I wills the effea of pay-
ing money into Court, was better fettled than it
is at prefcnt."
Mr. Essictise Paid, he flood on the general law.
He endeavoured, but had no materials, to prove
the loft. _ _ _ .

Mr. PARR'S defence was, that this fhip was not
tea-worthy at the commencement of the voyage,
but it was unneccffary fur him to go into proof of
it, as the Plaintiffs could not make out their cafe.
Lord ELLIMBOROUGH.•••-" There is no damage
from the perils of the fea. This was a bad (hip."
Mr. Pau faid, the fold for aoL—Plalardi ear

COURT OF EXCHEQUER, DEC. 6, do*.

WTI'III 9. lINITI.

This was an anion for board, lodging. and ne-
cefrarics, furnilbed by the Plaintiff to the Defen-
dant's Wife. _ _ .

Mr. Dativcat opened the cafe by Elating, that
the plaintiff was a Captain, and the defendant an
Infurance Broker. In order to make the cafe un-
derflood, it would, he faid, be neceffary to ex-
plain the bufinefs from the commencement of the
conneetion of the parties. There was liying un-
der the proteetion of the plaintiff, a Niece, to
whom the defendant had for a confiderable time
paid his addreffes, but that the Captain being called
abroad, and his wife going down to the port to
fee him embark, the defendant had taken advan-
tage, during their abfence, of the affeatott of the
young Lady. Upon the Captain's returning, and
difcovcring what had paired, he milled that the
defendant should make her reparation, by fulfil-
ling the promife of marriage, ‘tlich he had fo re-
peatedly given. On his refitting to d.' this, an
action was commenced againft him, which he flop-
ped by contenting to marry the Lady, and the
marriage accordingly took place. He underflood
indeed, now, that the defence was to be a denial of
the marriage, which he had been informed was to
be mad: upon the ground of its invalidity, becaufe
the licence for it WAS not taken out by the defen-
dant himfelf, but by a relation of his own of the
name of Mcfnard, who took out the licence, re•
prefenting himfelf as White.
Mr. Pt um ea faid he had no evidence, and there-
fore Ibould not difpute the marriage.
Mr. DAVIICZY (aid, that certainly was prudent.
as he had the clergyman, and all the perfons pre-
fent, ready to prove it.. Shortly after the marriage,
and the birth of a child (the wife ill continuing
at the houfe of her uncle, becaufe it was not then
convenient for the hu(band to take her home) (he
was deferted by her hufband in the midft of a tong
ficknefs, occalioned by himfelf, in a way which
proved he had other conneeions. After fome
time had elapfed, upon the uncle prefenting an
account for board, Ake. be Laid be was willing to

tate her home ; upon which the uncle confentet,
on enudiztoo that lie w001..1 enter into a bor.di,
with fur ctiei, that lie w,,trl.f her well. To
this he 4:olll.,nted, aid the la nod w•as prcpa: cc! ;
hut lit:111:i more afrzaino for the We: finger of
away ‘‘.1,11 whom he 111.111 the %sitole body
4,111 i, %%11..., he iciest-v.l to tign it, aal defiled, that
;nth:lJ of it .t (Iced of reparation inight be in L par-
ed. Her tcp.tr tic natintenince sea, this
was diawn oat ; bit he refuted t., 111;) 4. He
for her, ho.tid up to April 1;0, and the
pc Few a 'lion was ft.r board at dic fame rate, of
1. I is. (11. leer reck for the wife atd child; for
fhoes and other articles of clothing ; and alfo the
Attorney's hill for preparing the deeds, which he
had defiled might be drawn up—amounting in the
whole to 651. 7s. .
A young 'gentleman of the .name of Bifhop,
proved the wife being at the houfe of the plaintiff;
that he had frequently fern the defendant there;
that he was about a.a. years of age, and appearea
to he a man in good circumllances.
The Unictuakcr proved his demand for (hoes ;
and the Attorney for the plaintiff proved, that thc
defendant had promifed to pay all the itc mf in the
account, except the board and the (hues. He
provetl alai the meetings which, had taken place,
and thc orders for thc deeds, Sic.

Mr. PLUtlfllt addreffed the Jury. He laid he
thould nut enter into thofe estsaneous topic: on
which hi 4 Learned Friend had enlarged. or he
might tell as hard a tale on his part. 1 hey might
tit fubjeets for difculfion in a Court of a different
kind. He hoped the Jury would think with hint.
that the prefent demand was enormonhand would
give only what they faw was juilly due.
Lord Chief Baron MacDONALD, in fumming up,
remarked that the law had thrown on the but-
band the maintenance of his wife ; and that the
generolity with which the plaintiff had ailed to-
wards his niece was no mole for him. He bad
ihArnefully defected her, but mull pay for the na
ceffary articles with which the had been furnithed.
Is appeared to his Lordlhip the demand was very
moderate ; and lie was only furprifed, if the ch..
cumilance Rated by Mr. Dauncey was true, that
inßead of a proceeding to fet alide the marriage.
Mel-nerd and White had not been indited for a
confpiracy.
- - . .

The Itiry found a Verdi& for the 'Plaintiff.—
Damages 651. 7s.

HIGH COURT OF JUCTICIART.

The decifion of the High Court of juniciary in
Scotland, with regard to the military tiring on the
populace at Aberdeen, is a matter of importance
to the nation at large, as it nearly concerns the
grand queftion of our liberties. It is a footloose's•
cal principle of our Conftitution, that cola's tehere
rebellion has come to fuch a height u to require
the country to be placed under martial law, the
military, while Rationed in the kingdom, !ball be
abfolutely under the controul of the Civil Mag.
trate. A arid adherence to this maxim is iodic.
pcnfibly neceffary to the prefervation of our Tiber.
ties, as the flightea deviation from it would tend .
to convert our free confutation into a military
defpotifm. Let it not be fuppofed that the acquittal
of thole military men, charged with firing of their .
own authority on the mob at Aberdeen, goes in
the (mane ft degree to counteraft this principle; or
that a foldier is now more at liberty than formerly
to fatiate his vengeance with his mulkbt, when-
ever he conceives himfelf affronted or injured by a
roller of (tones and dirt. No ! a Britith Jury
could never fanftion fuch treafonable ideas. The
acquittal of thefe Officers profecuted on (imprecate
occtifion, merely applies to their own individual
conduet, and has no reference to the general go& •
of the tranfaftion. The crime was atrocious, and
deferving of the moll exemplary punifiament s but .
thefe men were found innocent of it, and were
confequently (as we hope the innocent will always
he) acquitted, and reftored to the protcAion of
their country.

The decifion of the jury in this cafe-we niall•not
prefume to quellion, or even to confider, nor fhall
we pretend to fay, that his Majefty's Advocate for
Scotland did not fee fufficient grounds to luppofe
that the perfons accufed were innocent of the crimes
laid to their charge. But guilt certainly attached
fomewhere ; feveral of his Majefty's fubjeas had
been killed, and the military, without doubt, had
fired. It muff alfo be recolleaed, that akhottgh
the Jury have acquitted the defendants, two of
them only were found Net Guiky. Againft the two
Serjeants the libel was only found net proem s that
is to fay, the Jury could not take upon theta, from
the evidence adduced, to fay. whether they wirer
guilty or not. From the laft decifion, it is evident
that there were grounds for profeention ; and the
country is confequently indebted to the private pro.
fecutors for promoting an enquiry into the fulled.
Under thefe circumftances, we are forty to oh-
ferve that the private profccutors are in danger of
fuffering what amounts to a punifhtnent, for their
lure of Office. The expences of the profecution
are now to be defrayed : it is evident that the men
who are acquitted cannot be charged with the
expences of their profecuters ; and they have alfo
(fcemingly with reafon on their fide), petitioned
for the expences to which they have been fubjeaed
in conducing their defence. If they fucceed in
their petition, who is to pay them ? Are the pro.
fecutors to be compelled to defray all the expences
of the trial ? And does the refufal of his Majefty's
Advocate to profccute, prevent Government from
relieving them of any part of this burthen ?
We hope and trnft that thefe queftions will be
taken into moll ferious confederation, as from the
private circurnciaaces of fome of the profecutors,
thefe till:saxes, if charged upon them, mull make
them end their days io a prilon—a fad redrefs for
the lots of their relations who fell in the affray
Would not fuchconfequences fubjea julice, in an
improper degree, to the will of the public prose-
cutor, who may not always be as diftinguifhed for
his love of the Conftitution as the h4ll eharaaer
who at prefera fills that importart office, and con-
lequently deter ar.y private perion from coining
forwarl when he chafe to -t•ts to profccunt t

THE. FATE OF FR.2.N-E.

'no' Gallia fat tri
And Irides trMinpliant a.. a tv,a II o'cr•i:rown;
at tae liw.xk t!..lt .r•cr 1 i in- made,
States, Empires, it, ouaraM :aid:
Some you ARMI sins may in Aro,
Vrimov'd by Danger. tn-. 1 unzw*•• hi• ;
Her Force, her Wiles. her Fury to Asithitend,
And rife the Saviour of Germani,',. Lind.
Some mini° Teut. may catch tcc Pittrilt Flame,
AvL lige her wrongs, rtiore r
Play prop thi; Sillern. F.; Dar.,
Train Odin's Son; to Nl.th-rmli:t., chim I:ace;
Evlialce her proud !!iel.,.'e • ) i.ld,
Ann r,val are' in
But if decried ay Fate, the it ..'1:
Like haughty Rom-, el.: 'Tyr.mt ni :hi: Tall;
Tito' proltrate Europe at tea Foo'rtiTs 1,::s,
Tram Calpe's piilars to Norwagia's 5;!• i=l ;
Tho' Africk's Sorts, their fpacilut unfrild,
And )141 their Trull:lna, and their Mines of Gold
Tim' algae Fait allow her lordly (way,
From proud Byzantium to the realms of day;
She'll find too late, with all her Arms can gain,
An empty Phantom (he's purfted in vain.
All her fare'd conquefts, all her Get.'rals gave,
All her proud Triumphs, finilli in the grave.
She'll find toe late fome young OCT AVMS rife,
Ely Force, by Fraud, to (cite the glitz ring Prize ;
Some unknown MA WIVP, or 10111 C SYLLA rue,
A -d wife tco late, a ferra Pharfalia view.
While civil difeurd fires her fplendid Faces,
Her wealthy Cities, and her fertile Plains:
Her Laws defpis'd, her Wafted Freedom fpurn'd,
Her facial Rights, her Happinefs o'criturn'd;
Her Trophies ,snith'd, and her Empire palt,
••• She madly conquers, hut to fall the lift !"