fet was owing to a three-pound shot being lodged in the mainmaft; and, had the fail been fet, the straining thereof would endanger the maft; that the interval of time between the 17th of April 1781 (day of action) and the 22d, elapfed before the Captain was put under arreft;during which period Capt. Sutton held the command as ufual; that on the 22ď of April 1781, Capt. Lumley was put on board, and Capt. Sutton deprived of the command; that Port Praya was within the trade-winds; and that nothing need have prevented a court martial's being called even during their courfe to the Eaft Indies; the weather was fo mild, that the Captains of the different fhips vifited each other, and even remained from their veffels till eleven or twelve o'clock at night; fo that a court might have fat during that time upon the Captain's conduct, if then thought reprehenfible, as they were two months under an eafy fail before they arrived at Sardena; that during this voyage the fleet had captured four Dutch Eaft-Indiamen, part of which must neceffarily have fallen to Capt. Sutton, had he remained in' his original command; that the Captain was wrecked twenty-five leagues fouthward of Madras, by which difafter he loft all his neceffaries, which were of confiderable value; that he remained under arreft from 22d April 1781 to October 1783, and had the mortification of being, on board his own fhip, a prifoner during two actions, which deponent thought was a material aggravation of the Captain's fufferings.

working of the fhip was materially retarded, as the confufion occafioned on deck by the wreck of the topfail and fbrouds heaving in the water, impeded the progress of the veffel, as well as the exertions of the men; and that notwithftanding this misfortune, that the Ifis was under weigh to join the Commodore half an hour after the Romney; and that he (Capt. Sutton) would have joined as foon as any of the other fhips, had not this accident happened; that a quarter paft three o'clock, the Romney (Com. Johnftone's veffel) hailed the Ifis in a voice that appeared like the Commodore's, from a circumftance that follow ed, (his faying he would go to St Jago), faying, "Afk Capt. Sutton, is he ready for battle, as I mean to go down and engage the enemy?" That Capt. Sut ton replied, "I am as ready as I can be." Then a converfation took place, which the deponent could not hear diftinctly; but that it terminated in Capt. Sutton's faying, "Very well, then I'll follow you to the laft moment." Juft as this converfation ended, the foretopmaft went away; that in confequence of this additional mifchance, the lfis :ell aftern of the Commodore one mile, or a mile and a half; that without delay the forefail was inftantly fet, and orders given by the Captain for every poffible exertion to be made to force her ahead; that the deponent faw no fignal for the line of battle, but that at or about fun fet, the Ifis was two, or two and a half cables length from the Romney, in a line, edging down towards the enemy (agreeable to orders); that a voice (he fuppofes the Commodore's) hailed the ་ Ifis, being from the Romney, about eight o'clock, faying, "Sutton, or Capt. Sutton, how do you make it out?" the Captain answered, "Very well;" "Why don't you fet your mainfail, as I am going to St Jago?" the Captain answered, "I am afraid to fet my mainsail, for fear of carrying away my mainmaft." The Commodore then faid, "Make all the fail you can, but don't rifk the maft." The Commodore fpoke in a remarkable affable manner, but did not mention a fyllable relative to the delay: that fub. fequent to the action, the Commodore was aboard of the Ifis, infpecting the damage the veffel had fuftained, but made no mention of any misconduct of the Captain's whatever during the action; that the cause of the mainsail's not being

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Mr Bearcroft, counfel for Com. Johnftone, made ufe of every poffible ingenuity in the cross examination of Lieut. Read, in order to make it bear a doubtful or indeterminate conftruction by the jury, and with fome degree of effect, till

Mr Erfkine, by a rejoining direct examination, cleared up to the court and jury a continued train of obvious facts, which left the former part of Lieut. Read's evidence incontrovertible. After this the judge read the evidence given on the former trial by Lieut. Bruce, which exactly correfponded with the teftimony of Lieut. Read in every material point.

Lieut. Harvey, Nugent, gunner to the Ifis, Phifhick, and a mate of the fame fhip, and Capt. James Hawker, who commanded one of the ships of the fquadron, together with fome others, were

examined;

examined; all of whom tended to corroborate the former teftimony, and afforded an equal opportunity to the defendant's counsel in confounding, and to the p'aintiff's in elucidating their evidence, as in the examination of Lieut. Read.

Com. Johnftone then produced evidence to fubftantiate the charges advanced against the Captain; but as their evidence did not tend to invalidate the direct examination of the plaintiff's witneffes, a minute detail would not in the leaft be interefting. After the termination of evidence, counsel on both fides evinced the most ferious attention to the caufe of their respective clients. Mr Erfkine made feveral witty applications relative to the particular fituations of Capt. Sut ton, particularly the one of his being in the predicament of a cock on Shrove Tuesday, obliged to walk about to be shot at, without the privilege even of a private failor, the common fatisfaction of retaliation.

The trial began at ten in the morning, and continued till half paft two on Sunday afternoon; when the jury, after fome confideration, awarded an additional 1000l. to the former verdict; fo that now the Captain's action is determined for 6000l. The defendant declared his refolution of bringing a writ of error.

Monday, Dec. 13. Thomas Wood and George Browne were tried at the Old Bailey on an indictment for felo. niously affaulting, on the highway, Sir Thomas Davenport and his Lady, on Monday, Oct. 11. and taking from them one gold watch, value 10l. and fundry other articles, viz. two feals, two guineas in gold, and fome filver.

The indictment was opened by Mr Shepherd and Mr Sylvefter, who stated, That on Monday, Oct. 11. the prifoners met Sir Thomas Davenport and Lady, as they were returning to town from Marlow. This happened about five o'clock in the afternoon. They paffed the coach in which Sir Thomas and his Lady were, about fifteen yards diftance, then put handkerchiefs over their faces, and returned for the purpose of robbing the faid Sir Thomas and his Lady. As foon as they had again reached the coach, Wood, one of the prifoners, gave the coachman orders to ftop, and, immediately advancing to Lady Daven port, demanded her watch and money. Wood called aloud to the other prifoner Browne,-"Damn me, if you flinch,

I'll blow out your brains." He then ftated the particulars of the robbery, and produced the following witneffes to corroborate his assertions:

Sir Thomas Davenport faid, That on Monday, the 11th of October, about five o'clock in the afternoon, he met the two prifoners on horfeback, as he and Lady Davenport were coming from Uxbridge; that Wood, after he had advanced to his Lady, demanded her watch and money; and much about the fame time, he raised the handkerchief with which his face was covered, a little higher, in order, as was fufpected, to fpeak plainer. When he had raised the handkerchief, he looked very carefully to fee whether any thing of value was concealed, and intimated-" If you con ceal any thing, by G-, I'll blow your brains out." At that time Browne, with great intimidation, demanded Sir Tho mas's watch, which he inftantly gave him, together with fome money which happened to be in his pocket. The fum he could not exactly recollect; but he believed it amounted to about two gui neas and two pence. He then described the watch, feals, and chain, with great minutenefs, mentioning, that one gold feal, which was his Lady's, had a hip engraved on it, and the motto, " fuis perdu." Browne, in a low and faultering tone, next demanded bis Lady's pocket-book; and Wood, at the fame time, in a rough and very disagreeable voice, faid" Aye-right! your poc ket-book!" Lady Davenport affured him the had no pocket-book; upon which they both rode off, and wished them a good night. Sir Thomas then took notice, that on the 11th of November he observed two men, as he was returning from Weftminster-hall, who ap peared to be the prifoners. He faw them firft in St Martin's-lane; and, as he was doubtful, he advanced nearer, and found that they were in every respect the perfons alluded to, who had robbed him and his Lady on the 11th day of October laft. He was refolved to follow, and kept his eye on them, till they arrived at the Livery Stables, Chapel-street, where they difmounted, and entered the houfe. He was surprised at the circumftance; and, on returning home, afked his fervant, if he could recollect the men? and whether or not he was of opi nion that they were the perfons who had robbed him and Lady Davenport on the

11th of October? He answered in the affirmative; and therefore, this affertion confirming Sir Thomas's opinion, he immediately gave information to the magi ftrates of Bow-ftreet, who very readily granted a warrant ; and one M'Gennis, a fheriff's officer, was fent to Chapel. ftreet in queft of them. The officer, in discharge of his duty, entered a houfe in Chapel-ftreet, which proved to be that of Browne's mother. On fearching the houfe, he found, from the defeription Sir Thomas had given, that Browne was one of those who had committed the robbery on the 11th of October, whom he immediately took prifoner, and carried to Bow-ftreet. He next went after Wood, who, from information, lived in Kentish Town, and whom Sir Thomas was clearly of opinion was the perfon who had been in company with Browne. Sir Thomas's fervant accompanied the officer to Kentish Town; and, on entering Wood's houfe, he told M'Gennis, that "Wood was his man;" whom he immediately fecured, and brought to Bow ftreet. Browne and Wood were then put together in cuftody; and on Sir Thomas and his fervant's fwearing to the identity of their persons, they were both committed.

Abraham Riley was the next witnefs called, who fwore to the fame circumftances with which his mafter had preceded him; and mentioned likewife, that they were both muffled up in great

coats.

Daniel Nath, Sir Thomas Davenport's footman, corroborated the foregoing proofs. He faid he could not pofitively anfwer to the perfon of Wood, but he was fully certain to that of Browne.

The rest of the witneffes who were called on the part of Sir Thomas Da. venport, fwore to pretty nearly the fame effect.

Wood was then told, that now was the proper time to make his defence. He apologised to the court, by faying, that he was incapable to fpeak, from a violent cold and indifpofition which he had contracted during his imprisonment; but mentioned, that he had committed his fentiments to writing, which he begged might be read; and as to any other thing, he would entirely depend upon his counfel, and on the candour and juftice of his judges. The clerk of the arraigns then read his defence, and alfo that of Browne, which contained features fimiVOL. XLVI.

lar to each other, a negation of the facts that had been advanced, and a firm confidence in their innocence.

Witneffes were then called on the part of Wood, to prove an alibi. The firft was Mrs Mary Wilfon, who pofitively fwore, That she had lived, for thefe ten months paft, as companion or afliftant to Mrs Wood, and that on the 11th of October Mr Wood was at home the whole day. In the forenoon he was employed in the cellar Lottling fome wine, preparatory to a feast which was to be given at his houfe the day following. He was at dinner at the ufual time; and her hufband, George Wilfon, who lives with Mr Kendal, a wine-merchant, vifited them that afternoon about four o'clock. She was fully certain as to the recollection of the time, because it was the day after Old Michaelmas term, and the day immediately preceding the feaft. She averred, that Mr Wood had always retained a fair character, and that the was aftonished at this extraordinary accufation. With respect to a great coat, she was very well informed, that Mr Wood never had worn one all his lifetime, at leaft the never remembered to have seen him with one. She related feveral other matters, which tended to exculpate the prifoner by an olibi; and the appeared to be remarkably fenfible and collected, and made a very strong impreffion on the minds of the judges.

Mrs Saunders affirmed every minute circumftance of the foregoing witness, and faid, that the did not appear on the occafion out of friendship to Mr Wood, but was impelled from the common motives of justice and humanity.

Mr Saunders, apothecary at Kentish Town, and husband to the preceding witnefs, fwore to the fame effect, and was clearly of opinion, that Sir Thomas Davenport must be mistaken as to Wood, because he and his wife faw him about five o'clock on the afternoon of the 11th, at his own house.

Robert Ford, Jofeph Merdow, gardeners, Hedges, Efq; on whofe premiffes the prifoner Wood lived, and who had kept the affembly-rooms at Kentish Town, with great credit to himfelf, and fatisfaction to his customers, Gregory Bateman, Efq; Mr Mewks, brewer to the prifoner, Rev. MrWycher, Thomas Barker, Mr Mullen, Mr Peers, brandy merchant, Mr Broughton, fishmonger, &c. all confirmed the affertions 4 P

of

of the witneffes with respect to the prifoner Wood's character.

Witneffes were then called in defence of Browne; the first of whom was Edward Greene ftaymaker, who affirmed, That he had frequented Browne's mother's houfe for thefe forty-one years paft, without even mifling a single day; and that he remembered perfectly well as to his having been there on the 11th of October; and faw George Browne, the e young man at the bar, at the time on which the robbery was faid to have been committed. He was certain as to his having feen George, as he remembered him from his very birth, and had many a hundred times dandled him on his knees; and that this was the very first afperfion thrown on his character.

Mary Owen, fervant to Browne's mother, confirmed the truth of an alibi; said, that Browne himself had gone early to bed that evening, about feven o'clock. When he came home he was intoxica. ted; that he remembered nothing bet ter, as he had a falt herring for dinner that day; and that a lottery club met there on the fame evening.

Wm Weft hoftler, Wm Bagley, Dew, Mr Luan coal-merchant, and others, fwore to the prifoner's character, whose evidences tended to prove the alibi, and Browne's irreproachable character.

with heavy rain, wind from S. S. E. which separated the fleet. The gale increafing, split all their fails into fhivers; fo that it was impoffible to work the fhips, or keep them off the land; and many were obliged to cut away their mafts.

Sunday night, about nine o'clock, a ftrong wind fprong up from the eaft; and about mid-night it blew a perfect hurricane, attended with a very heavy fall of hail and fnow, which continued with unremitting fury till Tuesday noon, when it began to abate; but that night it blew again very hard, till Wednesday at noon, when the wind became moderate; but the snow continued at intervals till Thurfday, when it fell very fevere during the whole day, and conti nures yet at intervals. The fall was fo great on Monday, that all the roads were completely blocked up, till labourers were procured to clear fome of them for paffengers; particularly the great north road between Felton and Alnwick, and weftward between Harlow-hill and Hexham; at both of which the labourers were numerous and, what was never known here before, the mail on Tuesday was obliged to have an additional horse to drag it through the fnow from Durham to this town, and from hence to the north. Confequently all trade is now at a ftand, not a waggon being able to arrive in town, except the Darlington yefterday.

At fea it has been dreadful beyond defcription, all along the coaft being ftrewed with wrecks, and veffels on ground; fo that from every part we hear of nothing but diftrefs. The following is the beft intelligence that can be procured, and may be depended on:-The Restoration, Hutchinfon; Broderick, Crai

The jury then, after a long trial, gave their verdict, in one voice-NoT GUIL.

TY.

It was agreed upon by the judges, and every auditor prefent, that it was the moft remarkable trial which had occurred for many years.

Newcastle, Dec. 11. Sunday morning a large, fleet, upwards of 150, failed from Yarmouth Roads. About four o'clock in the afternoon, between Cromer and the Floating Light, a violent storm arofe,

Hillyard, Druridge Sands — Leoftaff, Tinley, off Sunderland-Hunter, of Sunderland; Royal Briton, of Whitley, to the northward-Ifis, Ware; Providence, Watt, Creffwell-Friendship, Dean, of Sunderland, Prior's Haven, broke up, and the mafter drowned — Leighton, Leighton; Newcastle, Redhead, northward; fuppofed will break up-Good Delign, C. Heron; Elifabeth, Greenwell; Robert, A. Scott, northward, loft

Pallas, Shipley, Hartlepool, broke up -Elifabeth and Mary, Armstrong, Wil lington, Scott, Herd, Sands - Grace, Armstrong, a little to the fouth of the

bar,