Gazette Of The United States And Daily Evening Advertiser

Foreign Intelligence.
LONDON, July 25.
HIGH COURT OF ADMIRALTY.

Wednesday a Court of Admiralty was held in Doctor's Commons for the trial of prize causes.

Ship the FLY.

This was the case of a ship and cargo alledged by the claimants to be the property of Swedish subjects. It was bound from Bordeaux, in France, to Philadelphia, and laden with wine and other articles. It was captured by an English ship of war, and carried into Liverpool. There were several claimants. The ship and general cargo were claimed by the Swedish Consul, as neutral property belonging to a Swiss house. Part of the cargo was claimed by a Mr. Sinclair: and the master of the vessel put in his claim for his private adventure and expences.

It appeared from the evidence of the ship's papers, that a fraudulent sale had been made of the vessel by Mr. Sinclair to a Swedish house, for the purpose of preventing the condemnation in case of a capture by the English. The ship was to carry Swedish colours, and Sinclair was to stand as the real owner. It was insured at Paris, to return from America to France laden with provisions.

Doctor Nicholl appeared as Counsel for the claimants. With respect to the ship and general cargo, he felt the evidence too strong against him, to say much upon that part of the case; but he hoped the Court would allow the claim of Mr. Sinclair on behalf of the Swedish house; and that of the master of the ship, together with his expences. He concluded, that the Swedish claimant had been guilty of no mala fides.

Sir William Scott, on behalf of the captors, contended, that the conduct of Mr. Sinclair was inconsistent with moral honesty.—He had entered into an engagement to stand as the owner of the ship after he had parted with it, and called upon a man solemnly to declare that it was still his property. This was contrary to public faith and the principles of justice. With respect to Biddeman, & Co. the Swedish house to whom the vessel had been sold, he did not know who they were, but this he knew, that their names were dispersed over different parts of the world. There was Biddeman, & Co. in France, and Biddeman, & Co. in Sweden, &c. With regard to the master of the ship, he had certainly acted bona fide, and therefore was entitled to have restitution of his private adventure, but not in his expences.

The learned Judge decreed, that both the ship and cargo be condemned as a good and lawful prize to the captors; but allowed the master his claim for his private adventure, rejecting the prayer for his expences.