Star.
London, England, 1804-07-03 00:00:00

Yeflerelay a seffion MAb tie:d at the Old 13aley,
for the :Trawl of Offence* conunitted on the I ligh
Seas.
[Mr. Griffiths, one of the Grand jury, aeldrelted
the Court previenis to the commencement of bu-
finefs, Rating. that he conceived the Grand Jut! to
he incomplete, as from what he had read of the law,
he unicritood that a Grand Jury lhould be compoled
of 23 members, whereas, at prefeut, there were only
:6 (worn , and that a cafe might mite, wherein five
Might-counieraft the intention of eleven, as it was re.
crone that twelve Mould be unanimous, in order to
find a Bill. The Court affented to the jullice I,f Mr.
Griftlihs's obtervation, and allured him that it thould
be attended to in fututc..]
yowl Moodie and Cra-re Brad dere inditted for
the stilled murder of George Spark, in a diet, on the
High Seas.
Captain John Seater, of the Le den block (hip,
y
*as the fitit witnets • called on the pat' of the pro.
fecution. He depofed, that his mail was, on the
iota of September tag, at anchor in the South Well
Reach 44 the Swim off the coati of Elkin when
'the deceafed was killed in a duel by the prifinser
Moodie, the otherprifoner as s
his (mond.—
The deceafed, George Spark, was-a midfisipman on
board the Leyden, and was about to years of age.
Hs knew the two prifoners, they having been mates
of the fame vete!, On the loth of September, Mr.
Spark came to the witnefs, and complained of the
tondo& of Moodie, in having kited and forcibly.
taking away the Log Book, when hi (Spark) was
Writing in it, or copying out of it. The witnefs, on
heating this, fent for Moodie, who alledged, as the
rearms for his behaviour. that the defeated had ufed
wbufive language to ham. The witnefs
difmiled
them both, afzer a flight reprimand, and recom-
mended to them a niore peaceable condua in fu.
• tare I he, however, was more fever: upon Moodie
than upon the detested, as he thought him mutt in
the wrong. He heard nothing more of their qoarrel
till betwixt the hours of five and la of tire fame
steningi when the officer of the watch came to him,
and Paid, thit the Be:ad-Wain had informed him
that Mr. Spark had (hot himfelf in the cock pit,
nod that be had found a piftollying by his fide, with
which it was fuppo:cd he had committed this rafh
- anion.. The witnefs immediately defired Mr. Tho-
mas Riddle, the Surgeon of the veffel, en go down
to vifit the deceafed, and the witnefs accompanied
• hid: they. found Spark lying quite dead upon the
.to gun deck: On examining the pittol which
bad been found lying by him, it was difeeivered to
be charged with a mull quantity of powder, with.
cot any ball, and to be upon hall cock. Another
pitiol was loon afterwards found, and brought to
the witnefs, and it appeared to him to have been
recently fired ; 'bele piftols were about equal in
length, being about ten inches in the barrel, and
were stalled -horfe piitols, if the largeft dcfctiption.
tie law Moodie at that time, but 41,1 not fay any
thing to him : when he had learnt farther particu-
hrs from others who had been witnelfes of what
bad patted, he Cent for him, and charged him with
having fired his piltol at the young man Spark, and
faid. to hian it was in vain to deny the fa& The
, prifoner antwered, that he really was the unfortlo
nate man. but added, that he had not the molt dif
taut idea that the piftoi, which he had fired was
ken* with ball. He afked Moodie. who were pre-
terit I,to which he anfwered, that all his meffmates
were prefers' ; and when lumber quellioned by the
trjanefs, he named Brock, Sadler, Matthews, Sharp,
and Wilton. The witnefs then fent for thole peo
ple, and learned that the prifoner and the deceafed
bad been engaged in a duel ; that the other prifoncr
Brack was fecond to Moodie, and that Mr. Wilton
was feconct to the deceafed. He then ordered
Moodie and Brock into cullody ; the latt of whom
laid, he finught the whole affair had been a mere
(ham, and that he did not imagine that Moodie would
bare Mel Wilton, the other fecond, is fince dead.
Kr. John Matthews, a Midlhipman on board the
Leyden, fail, that he was..in the gun room on
thel
e "
day alluded tn, and that Sadler, Spark, and
werc pracnt with him, when the priloner Moodie
cone don, in and laid, he had been complained of to
the Captain : that lonic old ti_e_v_a_dnhcesis :
miaar:satesd been
'brought up, and he d—d and
evI•o would thus tell tales. Moodie. then took a glafs
of whir, and di tok as a toall " d--:n to allTuch
ralcals." He (Moodie) then turned round to Mr.
Spat le, and addrellng himfelf to him, Paid, " it was
you I meant Mr. Spark, and d—n me if you:dodot
Sinto the coal hole this night." Moodie then call-
ed the attention of thofe around him, by toying to
diem " Now, fentlemen, obferve, that in
order that Mr. spark may DOA have it to fay that I
being bigger and droopr than he, and inclined to
take an advantage of him 1 expett that lie (Mr.
Spark). will meet mc." ihe witnefs thought that
tU.ps ironer was let inus when he (poke thus, but he
afterwards altered his opinion, from tome expref-
lions he heard the prifoner de. Spark made anfwer
that he thould be very happy to meet him any 'ahem
he pleated. Moodie then raid, "0:‘ very well," and
,wallsed out of the birth. The *inlet's got up lhortly
Weer this and went down to the cockpit, where he
von with Moodie, Sadler Sharp, and Wiltem.—
Moodie having a pair of pi'ffols in his hands, and two
"'mike ball cartridge,, addreffe.d Isimfelf t* Sadler,
and laid, " Will you he the bearer of my challenger
anti then contact! himfelf by laying, " but it is not
mine, it is his to me ; do not laugh and we'll have
(time fun." Sadler immediately went ow, and called
M. Spark, and about five o'clock they both came
into the cockpit birth• Moodie laidl'll
expett to meet you." The deccafed atrfwered
laying "Very well." The prifuner then laid to him
" Have you got your fecond r' to which he nista:r-
ed " No." Moodie then laid, " lie had better yet
iff:me perfon." Spatk laid lie wriii'd take Mr. Brock.
To this tl.e prit,aier repli.d," Mr. Bo ck hapit ns to
be mine." The decealed tar raid, lie would take
the Dottor," meaning Mr. Will'on, who flor,d near
him. Moodie then held out tau piftols he had pro-
vided, and defired .Nlr. Spark to accept his riltol.—
Sperfk accordingly too. one iT them, and Mi
sl.c min:. The filiner gave his piaol to
pf;. V and the I.4;:er aave his so Mr. Bra
pe,cei•ed Mr. Wil
ov•( load the
putting
I.' F.% 01 to him r:cr only.
0.,: iadotal 111ui, all y:i.nclv, though: its

•. . • i 1e loaded the
~,, pocket. roc pa—
wl which bad been
given to him whit powder, but the ball being into
large would not fir. Sadler then write for anife,
and brought one, which he gave to tracE, who cat
the ball therewith, and beat it with a
he piece of wood ;
and while be was thus employed, laid, " ll—n
and b—t a pair of you (meaning Moodie and Spat k)
and laughed, as if the matter was nut retinas. Vl'lliie
Brock was loading the pitlol, the witiefs !nought he
heard fame:thing dropped by hint, which he (the wit-
'tel..) imagined was the ball. The piliols, when
loaded in the manner defcribed were given to the par-
ties,' who along with the others, went out of the
birth. The withers was very unwell at the time, and
therefore he went down to his bed, whiclwwas kn-
itted about two yards ftoon• the cockpit. He heard
Moodie fay to Spark, " will you own yourfclf in the
wrong ?" to which be attracted " No."
dMeee.feoodie
then laid. " are you ready ?" to which the d
ardweied in the affirmative. The witncfs, though he
had retired t.; his cabin, could plainly fee both the
pillols (thou ;h he only law Moodie) they ftanding fri
dole together that the pidols overreached each odicr
when they were prefcnted. The nitnefs lhortly after
heard the report of a pilkol, and law Mr. Moodie run
upon the deck, while the candle which was in the
birth wa, extinguithed by the explotion. The depo.
nent then role and went up to the gun-room, where
he found the deceafed lying dead upon the clidt.—
Neither the deponent nor any of thole who were pre-
fent before this unhappy event, had the finallell idea
that any of the pittols.were loaded with ball. Wilfnn,
as well as Moodie, (poke as if they would have come
fun. The witncfs had known Moodie twelve tnortlis,
and never was ferfible of any impropriety in his eon-
du&
The witnefs was here eras-interrogated by Mr.
Serjeant BEST, as to the name by which he knew Mr.
Spark. it having been difcovered in the indietment
trhaalltyhkisnonwamn ebywGase let
rs deolw,Ande GeorgeSparki,
ttlacipti,erineinnt
I realityf
.asal
dd
.dfe c
eot
thaaetert
deceafed
hi
nhde had two
ai
bwl
lea dvtt 1
meCr otherh.
wrotersi l Ipi talhornki
is nifha: mema
rmeee
tseni,
nalaGmne
sdee
George
names,
ygaet was
but
yge
teaiet• ,
Spark. The Counfel were proceeding to argue that
1 this was a flaw in the indiament, but the objedion
i was over-ruled.
1 Captain Seater being again called, was queftioned
as to the general char-afters of the prifoners, which,
be faid, were gond.
ueftioned, and
Mr. John Mat hews was again q
11 laid, that although he and the other: prefent believed
that the tranfaatou was not intended to be ferious, yet
Mr. Spark did not teem to imagine it was a joke.
Mr. Thomas Sadler, Mate on board the Leyden.
corroborated the preceding teftimony, and owned
1 himfelf to have been the bearer of the challenge to
Mr. Spatk, but he never thought the parties were
ferious. Moodie. when he anted him to bear the
challenge, defired him nut to laugh, otherwife he
would Ipoil the fun.
John Bintey. Boatfwain, laid, he was fitting in his
cabin, when he heard the report of the pitch ; that
he went up to the deceafed, and found a piftol lying;
hc tok it up and gave it to the watehmari. who took
it too the Captain. He afterwards law it drawn, and
there was no ball in it.
Robert Sharp. the Captain's Clerk, raid, that after
the event was over. Moodie came into the men.-
room. and laid his head on the table. upon which the
winters enquired of him what was he matter. He
(Moodie) then lifted up his head and faid. " Oh !
he is gone." Soon after this Mr. Spatk, the deceafed,
was brought into the gun-room. The deponent al-
ways thought that Moodie was a civil, humane. and
well disputed man, and never heard him carers any
enmity againit the deceafed.
Mr. Robert Riddle, Surgeon of the Leyden, de-
poled to the wound being the cattle of the deceafed's
death. He had alio feen the charge of the other pif-
tol chitwn in the Captain's cabin. and it was only
loaded with a final' quantity of powder, and the
piftol itfelf was on half cock.
The prifoners were here called upon for their de-
fence. Moodie alledged, that when he fired he did
not know that the piltcl was loaded. The other
ptifoner, Brock, hated In exculpation, that when he
loaded the pinttl, he did not imagine that Moodie
ever had any. idea of firing it.
Several witneffes were then called as to their cha-
rafters, and all concurred in fpeaking favourably of

them.
Sir JAMES hifisrotto achlreffed the Jury, and
explained to them very particularly the nature and
meaning of the words " Mafia VOre-shoggiri," on
which their verdift, in this cafe, was fo much to de-
pend. If they thought. from the whole evidence
that had been adduced, that the pillol had been load- j
ed by the one prifoom and fired off by the other,
with the malicrousintention of killing, they &could
find them both equally guilty of wrunkr. lf, on the
contrary, they were of opinion that no malice afore-
thought exiiled, but that the eirCumflances were ftif-
ficieutly proved to their fatistaftion, they lhould find
the prifonecs guilty of manflatighter, as they (the
prifontrs) mull certainly be faid to have been guilty
of grofs negligence and eareleffnefs, toppling them
not to have been leo iota in the trantaCtion.
The Jury, alter retiring for fume time, returned a
verdiet of—Guilty of Manilaughter. The feritence
Pronounced by the Court was, that the prifoners
Ibould be fined tQI. each, and fuller fit months ire.
prifonment.
Ikruhael Sullivan was nest brought to the bar, being
charged with adhering to his Majefly'. enemies on
boat d It Jelin Henri, a French privateer, on the high
(las, he being a natural born fubjeft of his Majelty.
The ptittner, on being taken by toe Tartar Englifh
privateer, alledged tliat he was an American, but it I
was loan :Itl.TV'Alds &I-covered by his brogue that
he was an 11,ihnian, and that lie was born near Tip-
perary. He laid h: iI Id he-n taken pritoner by t
et-
he
Frentl,, hot hay og oni le Li. ecape, he got to F
r-1, wl,,te li: entered a. a femnan on twat,' le Jelin
Henri, 1,, • , '.ni.-, it to live been a Spanifh vtGl,
and had r.0..t dilcntered his enitlakc till the engage-
fiery: to( l; I L. •-, %%hell he diiCoveted the French co-
os liy in.. --:!... ::tl:tt7.

Mt. Di ft.—A few d ty, Cork, in an alter-
catir n plAre betwcen Ail ill fmed couple,
the i,i,f1).1! ti Li, cite A V.lol' I I blow on the head
with a p.Let. 31)1 as'tot t 1:).r 1) dreadfully
th..t fix c• 1,1:d fron Aim. I.lc *at iniracJirtely

L ken
a 0010 .