with the whale, struck, killed, seized, and finally appropriated it
before the very eyes of the plaintiffs. And when those defendants were
remonstrated with, their captain snapped his fingers in the plaintiffs'
teeth, and assured them that by way of doxology to the deed he had done,
he would now retain their line, harpoons, and boat, which had remained
attached to the whale at the time of the seizure. Wherefore the
plaintiffs now sued for the recovery of the value of their whale, line,
harpoons, and boat.
Mr. Erskine was counsel for the defendants; Lord Ellenborough was
the judge. In the course of the defence, the witty Erskine went on
to illustrate his position, by alluding to a recent crim. con.
case, wherein a gentleman, after in vain trying to bridle his wife's
viciousness, had at last abandoned her upon the seas of life; but in
the course of years, repenting of that step, he instituted an action to
recover possession of her. Erskine was on the other side; and he
then supported it by saying, that though the gentleman had originally
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