Star. — London, England, 1809-11-25 00:00:00

itrA PLYMOL'TH AND PLYMOUTH-DOCK, Nov. C 3. Arrived the Neptune.( I) tender, from Dublin, with impressed men and volunteers for the navy. S a iled t he A►wrs with the convoy for the Downs, which put in here by contrary winds ; and several transports with sick and wounded troops on board, from Lisbon, last from Cork ; Alsomight sail of transports, from the Brazils, oh board two of which Captain Rost, his Officers, and part of the crew, tame passengers ; they belonged to the AGAMEMNON b of 61 , guns, lately wrecked in the river La Plata. The Pliccstx frigate went 'out of harbour to the Sound this days The ARMIDE frigate, Capt. HARDY.- MAN, is ordered to sea on a two months cruise. The new regulations relative to the prison -ships, were carried into effect at this port this morning, when :in the Naval Commanders were discharged, and rhers, appointed by the Transport Board, superseded th e m. This regulation is owing to a recent occur rence : a man belonghig to the West Essex Militia, doing duty as a marine on board one of the prison ships, was, for some offence, flogged by order of the Master of the prison-ship, which created a great ferment in the Army, and produced the regulation already alluded to. Nothing further to-day from the Mediterranean-. A Pappenburgh vessel arrived here this morning f ro m Bilboa, with a cargo for London ; on the 15th last. at 7 P.M. she fell in with his Majesty's ship EZINE, Capt. Avms ; and en the following day, at 9 A.M. she fell in with a French squadron, consisting ellour frigates and a man of war brig ; one of the i.rmer, the Renommee, of 28 guns, boarded her, but did not take possession, nor plunder any part of her Largo. Also arrived his Majesty's ship DREADNOUGHT, (4'98 gain, Admiral SOTIILISY, from Basque Roads ; the brig Thomas and Mary, of Leith, J. HILL late Master, from Malta and Gibraltar, laden with cotton wol, 3(c. hound to London—was captured by the ielsit French privateer, who took out the master and the greater part of her crew ; was recaptured on the ::nth October by the HIND Revenue cutter, who car vd her into Falmouth ; the Thomas and Mary is rider quarantine--The Hero, For ir ERINGII AM, from Quebec, with timber for this port; the brig Lord Duplin, Low, from Waterford, laden with provi :ions, bound to Newfoundland—was captured by a irench privateer, and recaptured by his Majesty's 1.") PLOVER. The DREADNOUGHT, which arrived here this morn chaced four suspieirms vessels and a'brig, which rust have been the French frigates and brig above_ r2::tioned, for several hours ; but unfortunately-the UnrAnxot:ott-r carried away her maintop -mast, and sns obliged in consequence to give up the chace— Ory are (roan the riser Lake, and bound to Guada lospe.—Sailed the Cnects sloop of war, on a cruise. —Came down the harbour, and anchored in the &mid, his Majesty's ship Hussatt. PORTSMOUTH, NOVEMBER 04. Arrived his Majesty's ship APRICAINE from Ate. with the Honourable DAVID ERSIEDit on board; the Traveller, Sea Horse, Lord Collingwood, Tiry, and Milton transports, from Halifax : sailed ult. under convoy of the SQUIRREL sloop of war, will two other transports, and three merchant ships, II: yet arrived. The Countess of Crawford, Captain HA:4l.lx ; and the William and Ann, Capt. Fors. rAtN, sailed on the 11th ult. from Quebec, with a flt.:t, under convoy of his Majesty's ship Boxxx CT :, TENNE, for England, and foundered at sea, in lat. 44.34. long. 47.3. on the 3d inst. The crews of both rtssels were picked up by the Traveller transport, Captain HARDY, and arrived here this day. Nothiag m.:A.—Wind West. covris, NOV. 24. rlst evening arrived here, the Dawn transport, "o. 355, C. A. GOULD master, from the Brazils, Ith weeks, with a cargo of rice for Government :count. She has also on board 90 men, part of the 'err belonging to his Majesty's ship Agamemnon, I'4 WaS lost- lately near the River Plate.—Also ar :ivti here from London, a large West Indiaman, :a.4,1 the Friendship, Captain Mtunt.v.vorr, bound r tie West ladies.-4. S. The Dawn transport off the back of the Island a large fleet from the DEAL, NOVEMBER N. Arrived his Majesty's ship CONVIANCr o with six 1.. i men under convoy, and remain with his Ma .;ty's ships and about 30 vessels, bound to the West- N.W. YARMOUTH, NOVEMBER 24. T'►is morning sailed the BIUTOMART sloop of war, ! . or Heligoland ; and the -HAvotE, Lieut. BAMBER, •7: a cruiz. , :. Sailed for Walcheren, with live stock, : - . - cro and Harbord, under convoy of the Princess vista cutter.—Ships of war, except the nbove sail a.. per last.-2Nuiti N.W. GRELNOCK, NOVEMBER 22. • . hrt2; Patty, TnomsoN, drove ashore, some time ..a tbe Isle of. Sky, on her voyage from Liver •,) Virginia, with salt, arrived here yesterday to .fired, before She can proceed on her voyage.- - ...I here, on Monday, the American brig Lucy, Inn Clutlicston, last from Halifax, where she put in tr' it damages sustained on the voyage.--Sailed In Charleston 16th AuguSt. Het cargo consists b:dr.s cotton, and a parcel staves. Arrived on ' 0 :12 Pnrt-alasgiow, the Dart, KINN' EA fivOM ; sailed th ence ' 2311 September. On the 21st in lat. 38. long. 53. spoke th.. Mercury, .41 Martinique ; out four weeks, bound to Liverpool, ride Quei Du? nuns iren Y.p TI rust Dur. v.is tliey love —Ca Sinn T.ir: veil! 1;c: 3 lAt!: ; 1 TE 44.3 VITT! Capt I out I Attv that r ! , :ft Zr]; • 7. ; A ~!! •d, Li . , e ; A „ T )T . i:!, all well. On the 12th inst. about 60 miles west of f Ling INTELLMENCE. Tory, fell in with the wreck of a schooner, having no masts standing, and without. any person on board-- . COURT OF KING'S BENCH, NOVEMBER 24, could not make out what she was. Nearly the whole of the day was consumed in hear- DETsIiatILLS, IRELAND, N0V.16. • ing arguments upon Special Cases, none of which wire On Tuesday evening last, two small vessels were of public interest. seen off Port Ballintra e , b eat i ng to t h e E ast . Th e Mr. WALT O N moved for a Rul e to s hew cause why wind ink:teasing dining the night, Mr. ROBERT GAlkf a prisoner should not be discharged out of custodyi ELE, coast officer of this place, kept a 100k -out, and and why the attachment against him should not be s early next morni ng di scovere d too ev id ent pro o fs of set aside ? It was stated by the L earne d Ge n tl e m a n, a wreck having taken place. Part of a long-boat, a that the person had been attached for the non-pay black dog, and a great num b er o f sp li nters, were ment of cosy—tha t those colts we're due before the found on the b eac h, an d on makin further search, Ist of February, te day on which the Insolvent Act g 11 firkins of butte r , mar k e d A. W. Keely, Sligo, limits the discharge of debtors ; and it was further were also found under Dutiluce Castle. These are stated, that this person had been discharged as to all in the posses s i o n of M r . GAMBLE and Mr. JAMB the other actions against him. The Court id wh costs had been Moons, of llunluce, by wh ose j o i nt exert i ons t h e y taxed, and when nq uire the taxat ethe r these ion took place ? were saved, and who, with the assistance of a party Mr. WALTON replied, that the Rule for taxing was of the Giant's Causeway Yeoinanry, continue to pre serve what may be drift e d on s h ore . I t i s suppose d moved for some days previous to the Ist of February, but that in fact it was not made absolute until some that one of the above vessels ran on a dangerous rock called the Stirks, which lies between the Skerries and da y s ' lite " the ruins of Dunltice C a stl e . • The Court then observed, that the Rule co u ld not • be granted, for in fact, the debt had not accrued till 13ARBADOES, SEPTEMBER 2. after the period at which the Legislature had fixed the Two English brigs are reported at Martinique to limitation of the benefits of the act in question.— Rule have been recently captured—one off Point Salines, refuted. and the other off Mariegalaute, by the row-boat pri vateers of Guadaloupe, and both carried into Point a-Petre. Besides the French schooner Superieure, (a National vessel carrying two long brass 12-poun ders and four carronades, and 180 men), there are two odic+ privateer schooners fitted out at Guada ioupe, and now .at sea. The row-boat privateers of that Island lately attacked under the lee of it, the Netley schooner of Antigua, which boat them off and escaped. Yesterday his Majesty's brig Achates, from Fort Royal, and Julia fl-om St. Pierre's, arrived at this anchorage, and remain with the men of war as per last. SEPT. 12.—Arrived his Majesty's brig Swaggerer, Lieut. Evia.vs, from Martinique, and remains with the Achates and Oilmen. Subsequent accounts from St. Pierre's to those from Fert Royal, reporting the arrival of three French frigates armed en flute, at Gua dalaupe, contradict that report, and state that no such arrivals are expected. The capture of It letter of marque schooner from Guadaloupe, with a cargo of coffee, bound to France, by the Hazard sloop of war, is mentioned by an arri val this morning, and stated to have been sent into St, Pierre's on Wednesday last. SEPT. 16.—La Fine, French p. ivatcer schooner, has captured the schooner Mary Ann, of St. Lucia, and sent her into Guadaloupe ; ::ad also the brig Maria, from Martiniqu-, bound To England, and sent her to the same place. She !!.. , .1 likewise captured the po !acre ship Sir Geor - ;.' 7'revost, from Newfoundland, bound to Martinit]- c, out which has since been recap tured by the Fawn sloop of war, and carried to her port of destination. COURT OF EXCHEQUER, NOV. 24. McCULLUNI AND OTHERS V. GENERAL CHRISTOPHE ANV --- GOODALL, FoQ. The suit was instituted for a di s covery- by the Un derwriters upon the ship Earl Bathurst and cargo, belonging to Mr. Goodall (the Admiral of Hayti), against him and General Christophe (the President of Hayti), to which the Defendant, Mr. Goodall, had put in a full and complete answer. The under*rlters had obtained an order to amend the bill. Mr. Souerroe-CENEttat now moved to discharge that order. It appeared, from the affidavit of Mr. Fletcher, the defendant's solicitor; that the original bill was filed by the Underwriters in May last f that Mr. Goodall immediately afterwards put in his an swer, and then proceeded to trial in the actions brought by him upon the policies against the underwriters, and obtained five distinct verdicts. That some of the underwriters had since become bankrupts, and that the defendant, Mr. Goodall, was gone abroad. The learned Counsel then, in very pointed terms, commented on the hardships which Mr. Goodall had endured from the litigation and expence iii which he had been in volved by the proceedings adopted by the host of at tornies engaged by the Underwrir_+s against him, and concluded by saying, that the order to amend had been resorted to by them, in the absence of Mr. Goodall, for the mere purpose of vexation and delay. The Court, after hearing Counsel for the Under writers, expressed their disapprobation of the pro ceedings and discharged the order obtained by them to amend. They are also to pay the costs of this suit. The Fawn, on the 3d in:t. made an attack with her boats on a brig lying under the batteries of St. Mary, (Guadaloupe), supposed the Maria, and suc ceeded in cutting her from her anchorage, but as she unfortunately grounded in bringing out, they set fire to her, which, after they abandoned her, the enemy succeeded in extinguishing, and got the vessel off. The enemy at Guadaloupe has not only augmented his privateers, but they are now kept very actively cruising among all the islands to leeward, and cap ture, without distinction, Americans as well as Eng lish. The schooners Louisa and George, (both of the former description) have lately been captured by them, but the former was afterwards given tip to the Captain and Supercargo of the brig Maria, and the latter r,:captured by the Fawn. • COURT OF COMMON PLEAS.—Nov. 34. NEALE V. DITEWICK. This was an action brought by the plaintiff to te cover the amount of a Bill of Exchange accepted by the defendant Mr. Serjeant SHISPHEIM, for the defendant, ob served, that it seemed to be an accepted notion amongst the Gentlemen at the Bar, that if an action was brought on a bill of exchange, the natural re sult necessarily must be, that the cal would remain undefended, and the plaintiff gain his cause without further trouble. He confessed, that he' was himself in the habit, at times, of drawing similar conclusions ; but notwithstanding, he believed, there were few in stances in which there were more just grounds of complaint than in the transactions so generally car ried on in the course of trade, in which, for the sake of convenience, recourse was had to drawing and ac cepting Bills of Exchange, in the practice of which he had no doubt many very serious frauds were practised with impunity. The present case, he averred, was a convincing proof of the justice,of his remarks. He then stated that the defendant, his client, had. applied to a person of the name of Marsh, who was a kind of discounter by commission, to get a bill of exchange of his own discounted for £250, and in order to make the matter appear more regular, it was; agreed that Mr. Marsh should draw on the defendant for the amount mentioned, which he was to accept. These terms having been complied with, Marsh went to the plaintiff, with whom he had• some dealings, and ten dered him the bill to discount. The plaintiff said he had no objection to comply with this request provided Marsh would allow him to deduct £9O, the bal-eice of an account pending between ihem ; to this Marsh agreed, and the plaintiff appointed him to call on the ensuing day, in order to receive a chick for the dif ference between the bill of exchange and the said ae9o ; but on his coming at the time appointed, the plaintiff refused to perform his promise, unless Marsh would agree to suffer him to deduct a further sum of £-1.8, the balance of another account which Marsh also had with him. To this proposition Marsh would not agree, and the plaintiff refteed to return the bill, Licences were granted yesterday for Dutch Zea. unless his terms were complied with. Marsh after. land, comprehending Walcheren and all the adjacent wards sent a person who tendered the two sums of islands. These licences, we understand, are of no E9O and aCI.B to the plaintiff, and desired that the utility, on Recount of the rigorous system adopted on bill of the defendant might be returned to him ; the the. coast of Holland. At the same time, we are in- plaintiff, however, would not comply with his request, formed, they are refused to the traders of the River but declared his resolution to keep the bill. In the Ems, where there is a considerable relaxation of that usual course the bill became due, and on as being severity, and an extensive intercourse is, in cense- tendered for payment to the defendant, he refused quence, capable of being maintained with a large ; to honour it, on the ground of value never having portion of the North of Germany. i been received. To recover the amount, therefore, The daughter of a wealthy distiller, in the vicinity of the bill the present action was brought. The of St, Martin's-lane, eloped on Sunday last, with a Learned Serjeant trusted, that if he was able to sub private soldier. The parties were traced to Camber.. stantiate these circumstances, the Court would con well, where the Adonis threw off his military garb, cur with him, that the Defendant was entitled to a and purchased a suit of plain clothes, the lady having verdict. previous to her elopement, supplied herself with . In corroboration of this statement be called Mr. £lOO. She is only 13 years of age. Marsh and the person sent to demand the bill and ten- On Monday, the 20th inst. a grand math of sin. der the balances alledged to be due, who by their tes gle-stick was played at Andover, in Hampshire, be. timony fully proved the correctness of the case stated tween the Wiltshire and Somerset men, which was by the Learned Serjeant. won by the former, they having gained the greater Mr. Serjeant BEST, for the plaintiff, by cross-exami number of broken heads ; however, by some rnanceu- nation, and the evidence of an attorney named Ricks, vering, they did not receive the prize of 20 geineas endeavoured to prove that Marsh had tendered the A pugilistic contest will shortly take place betwixt bill in cidestion to the plaintiff, in payment of the debts Nicholls, the Bristol man, who beat Cribb at Black- due by the said Marsh to him ; and Mr. Ricks stated water three years ago, and Richman', the black. The that having received instructiops from Mr. Neale to latter received a challenge from Nicholls, which WAS sue Marsh for the two sums of £9O and £4B, Marsh accepted, and the contest will take place in a fort- had told him that the bill of the present defendant night. Nicholls ie rather the favourite. was raid to Mr. Neale in liquidation of such d:bts. FROM LLOYD'S LIST. The Cornelia, Klegg, bound to Liverpool, proving very leaky, after taking in her cargo at St. l.ucia, was obliged to unload, and proceed to Orenada to repair. The brig Thotnas and Mary, Capt. Hill, from Malta and Gi braltar, that was captured on the i 801 ult. has been recaptured by the Hind revenue cutter, and arrived at Falmouth. The ship I ord Duplin, Capt. Low, has been recaptured by the Plover sloop of war. A R r IV ti n —At Newfoundland, the Malta, Brunton,and Nymph, Turner, from Liverpool; Flora, Clements, and General W'olfe, from Pool. At Madeira, the Earl Percyotobson, from London. At Cork, the Belle Anne, Fowler, from Newfoundland. At Suri nam, the Minerva, Kernan, from London. At Liverpool, the Helen, Kendal, and Lottery, Richards, from Martinique; Re compence. Graham, from Antigua; Palafox, —, from Porto Rico; Elizabeth, Cotter, from Pam ; Sr. Antonio, Martin, from Lisbon, and the George, Jackson, from Africa. Off Holyhead the Venus, Jackson, from Martinique. In the Clyde, the Pene. lope, ----, from St. Vincent's, and the Lucy, Bridges, from Charleston. At Martinique, the Martin, Parker, from Lancaster At St. Lucie, the Fanny. —, from Liverpool. COCKPIT,- WHI'I'EHALL, NOVEMBER. 24. Before the Most Noble and Right Hon. the Lords Commissioners of Appeals in Prize Causes : Little Will;am, Brown naster.—This American vessel, laden with a cargo of sugar, tea, coffee, nat•.keens, and other articleb, bound on a voyage from Philadelphia to Hamburgh, was captured on the 31st of July, 1607, by the privateer Betsey, Charles Chant commander, and brought to Plymouth. This was an appeal, pro secuted on behalf of the elaimatlts, from the sentence of the High Court of Atitniratty, which condemned the ship and cargo, on the ground of a breach of blockade, the port of Hamburg!) being then under blockade. Their Lordship;, after bearing Counsel at - cotisiderable length, took time to consider of their judgment. Mr. Serjeant . Best theitfore argued, that if this -s the fact, df AtlchlY hAd no the rillintikf w.., fully justified in his ictiori. Sir JAIIFS MANSFIELD was of opinion, that if the bill alluded to had really been tendered to the phintitt for value received fin- the debts alled7ed to be due Marsh, most certainly he had a legal 'right to deman,l payment thereof; but if on the contrary, as stated by Marsh, do such offer or proposition had been made, And value had not been received for the bill, th..-n the defendant was not bound to pay it Is hen preserm,. The decision on the justice of the case, however, I.s: should leave to the Jury. His Lordship then summed up the evidence, arut the Jury having considered a short tete, returned 4 verdict for the defendant. 111.7 NT V. LYONS. Mr. Setjeant BesT for the plaintiff, stated,that this was an action to recover A:10) due to the plaintiff for work done br hirnselland his wife. Hunt was brewer to the defendant, at A salary of 60 guineas a-year: but requiring an increase of wages, the delendair agreed to give him 70 guineas, which he afterwar,-. refused to comply with. Mr. Lyons and his wife had gone down to Margate, and left their hous2 un town to the care of the plaintiff's wife, and she was in it for 16 weeks, for which her demand was half-a guinea aweek ; the remainder of the 410 claimed by the plaintiff being the balance of his own wages. Rachael Watt proved that Mrs. Hunt was sixteen Meeks in the defendant's house, taking care of it, but she could not prove any agreement for wages between her and the defendant. Sir J. MA NSFIELD—.." Brother Best, rat have by no means made out your case in this instance, for unless you can prove an actual agreement for wag_•s, between the parties, I must conclude that no wages -were meant to be given, but rather that the defendant considered it as an accommodation to the plaintiff and his wife, to allow him to occupy his house in his absence. Robert Leveridge, clerk to the defendant, proved, that the plaintiff had directed him, in August, I Stk, to alter his salary in the book from GO guineas to 70; that the defendant flew in a passion when told of it, and sent for Hunt, who told him that he had promis ed him that advance; this the defendant denied, but said that he would pay it. J. Bluk, the present clerk to the defendant, Was called by Mr. Serieant Shepherd, for the defendant, who proved, that in April last, when the plaintiff quitted Mr. Lyon's employment, he had been paid by him the balance of his wages, at the rate of 70 guineas a-year ; and being asked if he had any other demands on Mr. Lyons, he owned he had none.—+ Nonsuit. ROBERTS v. WYATT. Mr. Serjeant LENNS stated this to be an action of trover, to recover the abstract of the title deeds of an estate which Mr. Roberts had purchased of a Mrs. and Miss Piers. The abstract had been received by the plaintiff's attorney, who, thinking there was oc casion for further advice relative to its correctness, delivered it to Mr. Humphries, an eminent convey.. ancer of Lincoln's Inn, in order that he might clear away the difficulties. Mr. Humphries did find con siderable objections to the abstract, and having writ ten them on the margin, returned it to the plaintiff's attorney, who immediately delivered it to defendant, who was the attorney fur the ladies. The plaintiff, through his attorney, had made frequent applications for it, even although the objections were not remov ed ; but they had been evasively answered by the de fendant, with a view, no doubt, to obstruct the pro ceetngs which were going on in the Court of Chan cery, with regard to the estate. Thomas Fidmas, attorney for the plaintiff, proved that he was a subscribing witness to the agreement cf purchase for an estate near Elverton, in Warwick shire, between Mr. Roberts and Mrs. and Miss Piers. He also proved the delivery of the abstract by him self to Mr. Humphries, his receiving it with Mr. H.'s marginal objections, and his delivering it to Mr. Wyatt, that these objections might be removed. He had frequently asked for it back, but could not get it, at length, after some months had elapsed, he formally demanded it on behalf of his client ; but Mr. Wyatt replied, that he had been able to answer Mr. Hum ' phries' objections, consequently it could be of no use to them. They wished, however, to get it with ay its imperfections, and even offered to take it so. Mr. Humphries proved his making the objections to the abstract. Mr. Sejeant Strapnann, for the defendant, conten. ded, that the a bstract as well as the title deeds wet, the property of the seller, until the whole agreement • of purchase was completed. The Jury, hnwever, under the direction of the Court, four.o a verdict of one shilling damages it the abstract was returned, with forty shillings costs; and if not, of i.:50 damages.. SKINNER v. DAVIS. Tills was an action to recover £4 ss. fur rent, du* from the defendant to the plaintiff. The Jury found a verdict for the plaintiff ; but the defendant being in the habit of obtaining his livelihood as a porter in the City, the plaintiff will have to pay the costs for not bringing it before the Court of Requests, the debt being'under £5. PALACE COURP, NOVEMBER 24. DUItOIS zy. CLEMENTS. This was an action brought for au assault, and 14. damages were laid at -C2u. Tlie defendant is a foreigner, and master of a boar ding-school at Chelsea. The plaintiff is also a fo reigner, and was formerly usher in the school of the defendant. Some dispute, however, arising between t'ie parties, he was lately dismissed. Since which the family of the defendant had frequently been disturb ed by the gate bell being rung late at night, by some person who afterwards ran away ; in consequence of these repeated interruptions, the defendant determi ned to watch for the person, and accordingly, the next time a suspicious ring was given, himself and his servant rushed out, and, rather malapropos., disco vered the defendant near the gate ; much abusive lan guage passed between them, and in the course of tile altercation the defendant gave the plaintiff a slap on the face. The defence set up was, that the plaintiff pushed the ArendAnt previous to his receiving the blow. V.adict for the plaintiff—One fartlalng damages. ~ j