Star.
London, England, 1803-05-11 00:00:00

LAW IN7 ELLIGL •G E.

COURT OF RING'S BENCH. DEC 9.
THE KING 9. RICE, LSO:
• The defendant, Lieut. Rice, came up to receive
tlie jihigment of the Court. It will be remembered
that Mr. Rice was Firll Lieutenant cif the Ganges,
of which Capt. Freemantle was the Ommander ;
th it in confequenceof fome unhappy difference that
fublifted between thefe gallant officers, the defen-
dant fent a challenge to Capt. Frecniantle. An in-
formation was filed againft him, and he allowed
judgment to go by default.
There was fome difficulty at the 13.er to afcertain
exaftly in what Bate the proceedings in this cafe
were; and therefore the Court, in order to render it
impiiifible to be laid, that complete jultice was not
dam to the defendant, ordered all the affidavits to
be read ab
The profecutor's affidavit was firß read, and then
the defendant's, and thole of hisfr lends; and lag of
all, the affidavit tithe profecutor, explaining parts
of the defendant's affidavit, which he thought had
been unfairly Rated.
Mr. Gall Row and Mr. Glass were then heat d on
the part of the profecution.
After which, Mr. ERSKINE delivered a very
fplcndid Creech on the part of Mr. Rice.
Mr. I3EVAN, on the fame fide, faid, he would not
weaken the effect that Mr. Erfltine's (peech mull
have made on the Court, by attempting to ezprefs
the fitme ideas in worfe language.
Lord ELLENROROUGH..-••••' The Defendant at
prelim mull Rand committed. Let him be brought
up again on Saturday fc'nnight."
Lord ELLENIOROUGH fat at Ni, Nita, at half
pall two.
The two Grand Juries for the county of Middle
fez were this morning (worn in before Mr, Mice
GROSE ; after which his Lordfhip, in a truly ex-
cellent charge, dire led their attention to the na-
ture of thole offences that were moll likely to come
under their confederation.
MAY 10.-•• THE I/ I NG 9. O'REILLY.
Mr. ERSX 11111 having, on a former day, obtain-
ed a" kale to Thew caufe why a Criminal informa
tinn fhould not be filed againfl Mr. O'Reilly—
Mr. GARR ow role, on the part of the defendant,
to thew caufe againa that Rule.
Mr. ERSKINI laid, his client, Dr. Mingay, had,
abandoned it.
Mr. GARROW obferved, that it was indifpett-
fibly necelTary fur him to fay a very few words. He
fhvuld not occnpy a moment of the time of the Court:
The perfon who had applied for this information
was Dr. Mingay, now at Windfor. He had',
Rated, upon his oath, that Mr. O'Reilly had '
been called in to attend a patient; that he him-
felf had alfo been called in upan that oecafion I
that he bad prefcribed a medicine, which Mr.
O'Reilly, who lined as a Surgeon and Apothe-
cary, had prefnmed to alter ; and that this had
led to Come mtfunderßandiog ; that in cont.-
qtrence of which, inllead of the condo& and lan-
guage that were becoming Mr. O'Reilly, as filling
the rank and Ration of an extremely refpetnable
young man, and enjoying the elleem of a great
number of refpatable people, whore eneent he
was Rill extremely anxions to pollen. Dr. Min-
gay. in his affidavit, afcribed to him brutal and
ferocious aRs of violence. He (aid, the anfivet
he had to that charge was costained not only
in the affidavit of his client, but of feveral other
people, who Rated, that the language fet forth
in the affidavit, upon which the application was
founded, however improper, however indecorous
and indecent, proceeded all (nun the perfon who
had the courage to apply to their Lordfhips for
an informatiou. Dr. Miagay was not called in
to attend any patient, but he went to the bar
of a public.houfe where Mr. O'Reilly had pre-
fcribed a medicine, and witted to fubßittne one
of his black dons in its place. This led to the
difference. The brutal violence, which could
not be defended, proceeded from Dr. Mingay
to Mr. O'Reilly. The Dator on horfeback,
after that, met Mr. O'Reilly, and affaulted him,
and rode his bode againn him; and that was
the caufe of the provocation which induced Mr.
O'Reilly to fend him a challenge. He laid,
there was not one word Rated by Dr. Mingay
which was not either grofsly rnifreprefented, or
abfolutely falfe. Rule difcliarged.
MANIAS CORPUS.
In confequence of the Habeas Corpus which
was obtained a few days ago by Mr. Jeer's,
to be dire&cd to the keeper of the jail of Dorchefler,
John Fortenue Morgan and Francis Hallings,
two Lieutenants in his Majefty's Navy, who were
tent, by order of Captain Wolfe, to impre(s fen.
men. appeared in the Court of King's Bench
to be bailed. It appeared, thefe gentlemen had
a legal warrant from the Mayor of Weymouth,
to anprefs lessen t and in the difcbarge of that
moll hazardous and difficult duty, they were re-
fined by great bodies of men, not only tailors,
bat great numbers of what they called the Port-
land men, who were armed with mufkets, (words,
and plants. Captain Wolfe informed them, he
only meant to imprefs (earner', but they told him •
none fliould be impreffed. In confequence of this
refinance, feveral men were killed, and a num-
ber of Captain Wolfe; Alen were wounded with
muntet balls.
After a number of the affidavits were read on be.
half of the defendants, and feveral made by per-
fons totally difinterelled in the bufinefs,
Mr. ERSKINE, on the part of the defendants,
obferved, that he had Rill whole volumes of affi-
davits. which had been moll dillinelly Rated by
his learned friend, Mr. Item. when he moved
for the writ. He humbly apprehended the Court
would not be at all dilpofed to confider this as a
doubtful quellion He &mild think it impoffible,
that any Grand Jury for the county of Vorfet
( when they came to be affißed with the charge
they would receive from the Learned Judge who
(bmild attend the Affixes there), could find an
inditnment for murder againn thefe gentlemen.
owe iitipipeofflide. when they found thefe gentle.
j a a very important and a very pe.
* 1, called on by their duty to man his
I • t • war. They were unqueftioa-

ably under the Latin of the law. No Into
could fay the imprcfs fervice was not a legal fer-
vice; after the various proteitions, and the Va-
rious Ails of Parliament that had paffed on the
fubjeCt, it mull be confidered as a legal fervice.
If thole who had oppofed and attacked them in
the dilcharge of their duty were (landing before
the Court, and the queftion were, whether they
fhould be bailed ? that would be a very different
quellion.
Lord ELIAMPOROUGH anted, if there was any
perfnn who oppofed them?
Mr. J•RVIs laid there was not.
The two defendants entered into a recogni-
zance of vol. each, and each of them had four
fureties, who entered into a recognizance of tool.
each, that the two defendants would appear
and take their trial, at the next Aflizes for the
county of Dorfet—They were immediately dif-
charged.
Mr. ERSZINI obtained a writ of Habeas Cor-
pus to be diretted to Captain Cumberland, to
bring up John Bagley, who had been impreffed.
He is an apprentice on board a merchantman,
and heroics a citizen of the United States of
America.
Mr. HULLOCK moved for a Habeas Corpus to
be direCted to the commander of his Majefly's
fhip Perfeus, to Wing up an impreffed man, of
the name of Brown. He is an apprentice, and
this application was made on the affidavit of the
Matter, who (wore that he was now on board that
Axil), and that according to the belt of his belief,
he was detained contrary to his own will and in-
clination.
Lord Ectsasoaottou Paid, it might be true
that it was now contrary to his own will and in-1
elination that he was on board, after he had re
ceived the bounty money. His Lordfirip thought
it would be proper that the manor mould amend
his affidavit, by Rating, that, to the belt of his
belief, his apprentice had not entered. It was
not more difficult for him to (wear that accord-
ing to the belt of hit belief he had not entered,
than it way that he was detained onboard stgainft
his own will and inclination.

_ _
MIRaIOTT, ri MR, In OMIT.
This was a penal anion on the Coal A. The
plaintiff recovered a penalty of tool. again& the
defendant for not delivering the proper meafure
in a quantity ofcoals, amounting to ten chaldrons,
which it appeared was deficient the ingrain, name-
ly, half a chaldron. To the verdin the defendant
demurred, and die cafe was argued by Mr. Gtsna
and Mr. Ksow Lis. The Court.however, obferv-
ed, that there was no difficulty or doubt in the
cafe. By the Statute of Anne, tt was provided,
that the buyer dbould have his option either to take
wharf or Pool meafure. In purchaf.- g by the lat
ter Randard an allowance of ingrain was made of
half a &Adroit ; this ingrain the defendant had
not delivered out and meted to the plaintiff, con- •
fequently he was entitled to the penalty under the
13th feake of the Att.—Judgment for plaintiff.