The Statesman.
London, England, 1809-11-14 00:00:00

COU 1 OF KIN BUN CA.

Monday,_Norensber 13. '
MOUTON 0. soa(Kio4
Mr. Ganaow moved fur n Jidda to'shew caw,
why the Defendant, who was an attorney of the
court, should nut pay the lest* of the non-suit in
this cause. Ile was instreetstil to tnoie far:beer,
and call upon the Defentlest to etisiwer the mater,
tern of the affidavit but that bit, shOulif not-do
at present, for the Court that,
matter herisafter, as ()make should appear to
&squire.
This was an action to recover four gnitseas for
bread supplied by the Plaintiff,- a baker, to Oa
fondly of the Defendant. , The action being pees
pared for trial, the Plaintiff's attorney attended at
Mr. Johnson's benne, for the purpose of serving
with a sehpec.la two of the servants of Mr. John.
soli, to give their evidence at the trill, for they
bad witnesses! the delivery of the trews which
the Plaintiff laid supplied the Defendant's rattily ;
but the Defe.P;atit •aid, it %could he an iiiildrasaut
tiling for servants to Inn, told, diet they were called
. open to givo against their taster, atid
therefore if the Plaintiff's attorney *dila give to
tJkia the sebierna, he should taNeWit tervell till
.erriatth at altat lime it would l;1: itetifierry fur
them to attend at NVestminster.liall, to be eta.
mined as witnesses upon this., al.' Acettediality
the copies el the iubpoeaapinda Shiltiftstithoeecli
ere given to Mr. Jelieseto he'untferritkislp id
give lite necessary infer/Nlt on to thif' ifirtentsol
and cattle then t t attend,,,The afti(larit thew iv
on to state, that Mr-InhatOu told his servantiethdi
this subpoena was for them. to go to Westmientet.'
Hall, to give evidence upon a trial; but aided— 1
" You must not go there until I tell you ; and W'
Mr. Bradley's clerk should ionic! to you to
tell whim you arc to be there, say, ' Mr. John.
son has told us when we arc to ge,' and then
shut the direr lmmedi itely." They said, "it
would be very sli.agrerablc to them to prove any
thing against their master ;" he said, " they
should do it." Mr. Johnson, however, Mr.
Garrott, said, took rare that the time should ne-
ver arrive when his servants should appear to I
petforni that disagreeable t isk. The consequence
of which was, that these eitnesses being ca:l3d,
and nut appearing, the Plaintiff was ender this;
Lecessity of submitting to a non.)iiit. Mr. Gat.
row added, that this 11.•felisift ought to consi-
der this as a very lenient application to she Court,
because a much mores rigorous course of pro.
ceedin; might be adopted against him on this
hec,ssion. •
Rule to sh ew cause granted. .`f •
M: Jenvis moved, that • writ of habeas Cor.
pas eiortinandfsi; the Captain of • ship of war
at Plymouth, te, log up the body of Jacob
40:twist, a Aailor, native of Sweden, to be his.
'charged, ou tee ground of his trot being a sub.!
jest of the inipress service, should be quashed,
on occount of l:3 having been insprovitienty
issued. •
The Court asked, whether this motion to quash,
vat founded evere.// on the affidavit on which the
writ issued'
Mr. carts sail it eras not; but upon circuit).
stoners which bed beeti disclosed since. Such as,
that the inuividual who 4as the object of the writ
was a prisoner of war, taken is a French ship in
the East Indies; since which be had mitered into
the service of thus country.
The Court asked, why those rircurestatices might
not be returned un thellibclas Corpus, instead of
making this caution to tradslit 11",
Mr. hams said; 'Sire was so other ttian that
of the e.rpence of btiviging the *fan up Geo% Ply-,
mouth, which could Jut he avoitiod by a"tyi other
• mode than that of quashing the writ. .T4he arn.
ea Gentleman theti quoted several onsesi in, which
• writs of habeas Corpus hatrheen quaked, under
Circumstances anal:4(AS to the present ; but they
were all cases, in which away:o4oon to quasb
the writ depended on the ground on which it h(
issued, not on circumstances disclosed after the
issuing of the wilt.
The Court therefore held, that a writ of Ha-
etas Curpess may trot be quashed for having beets
itopsaiklisad,y, stn aoy grata disoignoi

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