My Council had pleaded a former Court, that we had Right by Prescription ; upon which tlie Attorney-General pleaded a Demur, and it was a matter of Law ; so I should not have a Jury : Although formerly, in the Year 1691, Peter C'wice seized a Whale killed by Richard Smiths, Esq ; Company, he sued for the same in the Supream Court at JS^ew-York, and Judgment was given in Favour of the Subject. On Thursday the Chief Justice said he should defer Judgment until Saturday. On Fryday he sent his Man to me with a Note, the Copy whereof is as followeth :

To Simuvl Mulford, Esq; These.

Sir, I desire you woull send me by the hearer, the Paper j/^m read in Court

Yesterday; fir I did not take any Notice on my Paper, and cannot remember si

long a Liscourse, so as to fyVni any Judgment of what you offered in your own

Defence, except 1 read it.

lam, Sir, Your Servant, Lewis Moris.

Tiie Answer that I returned, was. Sir, You had it Yesterday in t]:e Court.

On the Tryal there was only the Chief Jus ice on the Eench. My Council pleaded, that Judgment ought to be according to Justice : The Judge said he could give Judgment condilionaliy . Ti.e Clerk wrote something, but I did not hear the Judge give Juc'gnent, n' r hear him dhect the Clerk what to write, nt,it';er did he read what he wrote in the Court. Then t'.ie Court adjourned until next Term. So I cordd not know whether there was a Judgment passed, nor what it was. The Report was, that