The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-06-22
THE REPUBLICAN.
.VEJgPORT
. TtunsDAY MORNING., JUNE %, IeNb.
u. S. CIRCUIT CoURT.-This Court

commenced its June term la this town on
Thursday last:-present Judge Story presid-
ing Judge Pitman Of the District Court asso-
ciate Justice. The usual formahtos were OBJ
served in opening the Court after which the
Rev. Mr.. Gammell made a very eloquent and
appropriate prayer. Ills Honor, Judge Story,
then addressed the Grand Jury in charge of
great length In which he set forth with unu-
suai force and clearness the highly responsible
Office in which they were then called TO act
The Judge in the close of his charge, took oc-
casion to observe, apparently with very great
satisfaction, that, in this District the laws had
been obeycd with an exactness and cordiality
. that reflected the highest credit OH the conf
Inunity. The Judge also in the course Of his
observations spoke in terms Of warm commen-
dation Of the good order universally prevailing
among US and particularly Of the sound and
correct notions entertained by the people Of
this District in relation to religious freedom
The Court then commenced calling over the
docket; number of reports of masters in chan
Gerry were read, confirmed, and judgment en-
tered in conformity to tho several reports
The great promptitudc and case with which
the Court dispatched the business before
them and the surprising clearness Of concep-
tion manifested by Judge Story, not only in re-
lat,on to the leading and most material points
In the various causes, but in relation also to
matters of detail, excited universal admiration.
Such is the happy and important faculty pos
sessed by Judge Story Of stripping the most
: complicated causes Of every thing not legally
connected with their merits, that men of very
ordinary minds, and wholly unacquainted with
Judicial proceedings, were enabled to compre-
hond with perfect ease the entire merits of
every cause disposed of by the court The
lawyer in this court has little else to do but to
"CnteT the Court cOrreetiy,' or in common
language to bring his action, or businSss, in
proper legal form--thc remainder of the work
is soon finished and disposed of II kis cause
lsgood, no talents however splendid, no Gun.
ning or triGkery however subtle, can affect his
rights and il his cause is bad ono, no effort
c2n enable him TO succeed for OF all courts
within our knowledge, this is the worst to pta,
to Sical,or to purchase Justice m--you obtain, it
IN another way. We observed in thrco or
four causes that the court papers were read,
and tie grounds simply, on which the party
relied, being stated by tho attorney, the
Judge !immediatels stated the law applicable
to the case as made out and presented to the
court, which finally disposed of each case, by
tho parties either submitting judgment or dis
Continuing their suits The following among
other cases were disposed of at this term.
William c. Gardner, ct al. Va. John A. Col
Pns, which was argued at the last term, was
continued under advisemcnt, to the next
with liberty to the parties to mako further
argument in writing In the case James h
Hopkins, vs.. Edioard J. Malleu /; the plaintiff
claimed Of the defendant, the difference be-
tween the invoice price Of 40 bales Of cotton
consigned to defendant for sale, and the actu-
al salcs price, on the ground of negligence and
want of g due skiH experiment to commits.
stonmerchant," as set forth in the declaration
verdict for the defendant In the case
Charles c, Hopner, master of Colombinn pri
vateer, Va. Joshua appleby,-The plaintiff
claimed the payment Of several Bills of Es.
change, drawn by Appleby, on House in g.
Carolina In favor of Hopner, which bills were
given in payment for Spanish property cap.
turcd by Hopner, and afterwards sold by him
to Applcby, with an understanding between
tho parties that the property no sold should be
INT 1l,,v 1al o,,t tI A.
for thepurposc ofavoidiug the expense of Ad
mralty proceedings on the same. The defence
se; up was, that the eoilusivo wrecking of the
property within the jurisdiction Of neutral
nation, was fraud Of that character that ne.
ccssarily vitiated the contract, and therefore
discharged the defendant from all liability 10
pay tho bills. The court directed the Jury 10
find, first, whether or not, Hopner made the
commission: second, whether or not, the pro. !
perty 50 captured and sold to Applcby, was
Spanish: third, whether or not, the property |
20 socapturedand sold was oollusivcly wrecked
Jury were further directed to return a verde,
for the amount claimed, if they found that
Hopner had such commission, and the proper
was Spanish, and was so collusivcly Wrecked
The Jury found for the plaintiff upon each of
the points raised, and returned verdict for
S7ili 56 the verdict being special one, it
is understood that the question of law will be
argued, at the next term. The cas"- -qrRold /,
~ Grec'ls, VS.. Nathan Claskson, was in prin.
cipal similar to the case against Marett. The