Star. — London, England, 1809-11-20 00:00:00

NAVAL lIVrIaLIGENCL FALMOUTH, NOVEMBER 17. \ - ;ster. -.y arrived the brig Thomas and Mary with ~: ! barilla, taken by a French privateer, and b . , the HIND cutter ; she is last from ~e y , and is put under quarantine ; and the Elope from Bristol. Sailed this day the For. tr , , ) iese ship Minerva, da CosTA, for London, with t ra it, cork, &c. ; the ship Rockers, LIFLAND, for Lon (l.-.1, List from Martinique ; thr brig Elizabeth, BA.. % E n, for Portsmouth ; the ship Pelican, NORRIS, for J .N . I on, List from Smyrna ; the Spanish ship Santa FERRENDiZ, from Cadiz for London ; the Lai-k Elizabeth, CARP., for ditto ; the Sophia, Dm:- for ditto ; and ill,: CIIIf.I'iIOUND lugger, for Gmrr.sey. The Lady Pcllew packet, from America, ;_':curly expected. The Princess Charlotte packet, vi;:i mails for Lisbon, is expected to sail to-mor rv,. Wind N. W. rINNIOU I - 11, 1N1) P! Yr% TOITTH-DOrK, NOV. 8. A letter from Cork received here states, that the 1 mcl uun frigate arrived at Cove the D:h inst. with a preach National corvette le Fantaron, (her prize) ,7 :l ting IS tuns, and manned wi.h Hi's) men ; •.-2S iron Brost, bound to. Guadaloupe, lad.7n flour, and sundries ; she maintained a fight with 07e EMERALD, and a chace of --...,en hours, and evinced much •skill in manteuvring , C 1...A her escape ; but by the superior sailing and e.i,:tlons (1;1,2. ENI El: ALD, !!)e at lenl_*th cvme capti‘red her. The enemy had two men 1;,1,1 and ten wounded, by the the from the EME- It. 1.1) lilDing the chace. Yr. vious to capturing the vessel, the EMERALD detained and sent into ( . ..ye, an American brig, the Luna, laden with cot rice, bound to St. Scbastian's. v.iiting the above, the corvette and detained • have arrived in liarr.oaze. The corvette is v r vfts:.l, an.i well adapted, from I.cr supe t-•T :* the service. , ailed from 1;11 en the 3d, and IVZS captured on the sth. French merchant brig was also sent in this after • u, prize to 0;'..! ox our erni:Tri. ! ..76 tn i;:t arrived the BitITANNIA hired ciltttr,. WILO:, from Cad]:, and i. put under .SIT left tlyt place on the ;30th ult. and aas :it that time known there that the French fleet d Filled Cll thc.. €2.lth ; and they were in hotrly ex. cation of rec iving an account of a battle—;he re uf which it does not require the gift of prophcc7 forctel. O.:tiers arc giveA•#e'tho J;ing's Pilots to look out rtiic Dusa:AL, from Cadiz., with MarcAis TZSLEY on board, and his retinue. The FORMIDABLE, of 98 guns, was preparing to ii f.;r England from Cadiz, with a large convoy, r.„:iet.ted there, when the BItITANNIA sailed. The • I tl:r brought no news from !he artair's. A fleet of mer,hantmen passed by this foretnon f:.1.1 the westward, but whether thcs, from Ca.liz, , I,:a the EOHMIDABLE, I could not learn, as they too jjeat-an otriag—they went t,p Channel. .krrived the 011E6. is 510,.p of war, horn a cruize :h.: westward ; ENT: EAVOUR hired ;rig, with five t under convoy, ft omSwarse.: ; Elizabeth ( ) r, iron: Creenock ; EPT..kot.ll (0) ditto, from :k; Caines ter de • ir..m Live' pool; and tl , l Li..ct•, from Bristcl, all with impressed menfor tLfri . Cir,ALTAR, 80 guns, from Reclicfiv, to vlctua! reArl A:isnDE igate, from a cruize in rlc Crtan :; the CeCKATRICE, from the Wt.i.t Indies, with CiNernment stores ; and the At.Enr schooner, from P:;er:o, with wine.—Sailed the O:I:7,TES sloop, to the 1 - cstwarJ ; and I'AtoLE frigate, on separate cruizes ; 'rums sloop, for the East Indies ; the brig Jane, fur Heligoland; Mary, MoNlmv, for the v*:er ; Neptune, PAYNE, for Cork; Eclipse, Zurra., ; and Eleanor, MAsTnns, for St. Mi- C:!-I's.—The tioE t:igate, Capt. HARP v Y MA Vf i.le:ained and sent its here the Pappenburgh Elizabeth, TERIaN ma ter, Irolt Liverpool, PORTSMOUTH, NOV ENIBLII 19. t:IC ALPiItIA turn a Crtllle..---SACd • GA DAPPER, RE/iii•O.I.E, ACHILLES, 8 • • 1.1 - . , . - nout - s, for off Uherburg. The RoYALtsT, stnd several others, with troops tau . Guernsey, ' IN. EFAI., NOVEMBER LB. ene Dolphin storeship, from Spithead ; "sr :loop, from a cruize, and brought in a Fronch lugger private: r, whicit she captured close in s‘ ith the Entlish land, and it? the convoy coming up from Poromoutli; • : sl:lop, from a crnize; HUMBLR. armed ' ; ; - • a c.livoy from Falmouth. Sailed the C a a, cruize. right, about tcn o'clock, the VICIEL,StOII, V A I.I:XTIN master, from t) .London •*.vith a cargo.of butter, c,:b!c; in a heavy squaN, and got on shore . Castle ; great part of the cargo and the 1:' 371vcd, but the vessel at high water up fearcd v.-111 he lest. Poom:cr.. sloop, on a cruise ; 1 - it:mutra 77,iLd the Assistance and Deptford ; P:.PASANT HILL f; Dovcr Re:Ris ; TDAs hired armed ctit l'oß schnonci., for Flushing. NOVF.3II:ER 19. ::cp2an p.,xkct, which sailed from hence fs.:r licligotard, has rovumcd, owing Co eohtr! 'Winds ras Is RllO the Let.i Nelsel'►, Capt. STEWART, for Gottenburg.—The harbour is now tull of shipping of various descriptions ; and the Baltii fleet, outward bound, is now in sight from Yat mouth Roadso—Wind N. YARMOLITFI, NOVEMBER 19. • Arr i ved the PILOT and CHANTICLEER sloops of war ; MONKEY and CEN::OR gun brigs. Sailed the SNAKE sloop with the real,-west men for the Downs; MANLY and PAZ on a cruize ; and PANDORA sloop of war to the Westward. The CALYPSO remains wind bound with Messengers for the Baltic ; and the BA. MUM' sloop of war with convoy for Gottenburgh.— The ships in the Roads are the Roebuck, Planta genet, Pilot, Drake, Censor, Acute, Emms schttyt, and Finder transport. Wind N. E. blows a gale.— The men of war are all riding safe, with their yards and topmasts struck.—One P. M. One of the BASI - convoy (a foreigner) is. sunk on the Bar. FROM LLOYD'S LIST. GRAVESEND, NOVrNIRER Vt.—Arrived the Lively, Carr, from Cottenburgh. Sailed, Quiz, Chapman, for Malta: Cambridge, Sullivan ; %Vilterby, Russel; Mentor, Goodwin ; Wanderer, Barley; Bender, Smyth ; Zephyr, Gledsdale ; Eclipse, Rees; Addy, Hall ; Duel and Lively, Blair, for Jamaica ; Boddingtons, boa], for St. Vincent's; and the Alfrd, Wilson, for Tobago. As siva r—At Hull, the Spring, Henburgh, from New Bruns wick. At Cork, the Boresford, Graham, fitint Malaga. At New Providence, the Friends, —, from the Clyde. At W.- terford, the Active, l'aynter, front London ; and the Pomona, Brook, from Stockholm. At Dumfries, the Nelly, Lock, train Oporto. LAW INTELLIGENCE. COCKPIT, WHITEHALL„ NOVEMBER 18. Before the Most Noble anal Ri;ht Hon. the Lords Co , nmissioners of Appeals in Prize Causes : Atalanta, Rijn masters- l'his ship, under Bremen colsurs, laden with sugar, coffee, and mace, bound front the isle of Fran••e to l3renr'n, was eapter:al. on the 19th of July, 1807, by the Argo privateer, Joh?. Bader Cuntruand.r. It appeared that the ship loci taken en board, at the isle of Fra , :ce, dispatches tr,irl the l'rettch Governor, addressed to the M:nister of Marine, at Paris, which sw.re, at the time of cat tire, con 7' sled h. a chest of tea This v.•as th.• ground of errifisc.cion, in •he High Court of Ad ir:raltv, from svielt senttnce an appeal was prosecuted.—Their Ler.lships del.a.cdjudgment till next Court day. COURT OF KING'S LENCH, NOV. Is. WRIGHT v. WARDLE, ESQ. The A•rrert.Ntiv GENERAL said, " From the length of the affidavits filed ott behalf of the defend nt in this cause, it was quite impossible to have got c..pies them, to prepare, properly, answers to them in time to shew cause to-day, and therefore some further time should be given for that purpose." Lord ELLF:NBOROUGIi—" I suppose there is no ob jection to that." Mr. PARK—" My Lord, I do not— Mr. A•rroatNa<v GMNERAL.--" 0 ! let them bring it on now. I have no objection. had rather they 'did that, than accept time by way of favour of them." Mr. PARK—" I wish the Attonicy-General would take the trouble of bearing, befirre he decides. I wag going to say, that Mr. Serjeant Best, who leads in this cause, cannot come into Court at this instant. Whether that be an offence, I do not know." Mr. ATTORI:EY-CEXERAL.-.-" I know that Mr.l Park will be able to go on alone, if nece:sary ; all I wished r. 45, that it might not be considered as a great favour to me, that it ‘.hould stand over for an hour." Lo-d F.l.l.rxaoooz 1,411-4‘ It seems to be for the, crAvenience el Counsel on hoth sides, that it should not come on row. Therefore, let :t :land over until von arc. , both read 7." Here Mr. Scrjeant BEST, who said, " PIS Lords— I. had - lot an oppor:t.nity of being in Court Rhea the Atryinev-Lientral addresst'd your do :rot know what motion was made by hirr, ur die cause of 4\ 1 1%0:: Lo r d E'LLFN-,ororr.:l—" Fle said, that the :Ada fled or. the pan of dr -, defendant were et so ;peat, len, , -th, that the plaiiltiir had not had an opporLunity of taking copies of them in time properly to prepare' answers to them, arc! tha. tlit.eefole time sh..arld be giver: fcr that purpose ; t that moment there was. some conversaiion hot vecii the at ttorney.Genend and Mr. Park, he saying that you could not be pre-, sent thee, the Court, to accommodate you both, di rected it to stand over, and it s - auids over accord.' ingly." Scrjcant Baer.-" Until the next Term?" Mr. A rronNEv-Geserta.no..." No, in&ed I can- 1 not consent to that. I will consent that the learned, Serjeant should take it np now, rather than that it, should stand over until the next Term." Lord ELLrxr.o:fotioll— ,, Will you Like it up now, or will you let thew have an opportunity of making affidavits in answer to those on which the rule was obtlined ?" Mr. Justice LE BLANC-44 It is in the common course to let the matter stand over for a few days." Lord ELLFNEOROC6H-46 It is at present for our convenience that it should stand over for a few days. I am sure that notling is more common than to or der a cause to stand over without naming a particr- Jar day ; if that should be necessary, from the length of the aflidavits on which die rule for the new trial was originally obtained, or from any other circum stance, they cannot be conveniently answered in time; and that the Court is in the daily habit of doing, with out reference to either party. It is of course to give them an opportunity to prepare an answer. The other party may consent if they choose ; but if they do not consent, the Court will not refuse to give time, if it be necessary, though consent should be withheld or opposition made." Serjcant BEST" I shall not resist the appli cation, my Lord ; I only wish to know what day it will be convenient to bring it on ?" Lord E.I.LPNBUROU:II---" Whenever you agree among yourselves. Tim Court will take it at any time."—lt was then ordered to stand over without firing any day. Tug KING V. ROBERT JACKSON, ESQ. Mr. CABROW moved the judgment of the Court on the defendant. This was an indictment for an assault upon Thomas Keate, Esq. Surgeon General' of the Army. The defendant had been Inspector General of the Army of Reserve. It appeared by the affidavit of the prosecutor, that iri the course of the last summer, as he was going home, he met the defendant in Berkeley -street, near the door of his 014.9) wlyZo itosafulted bun, without provocation, struck Mr. Wfitnnts spoke strongly against the conduct of the defendant, and urged it as a probable point, that the defendant, notwithstanding his oath to the contrary, watched for the prosecutor in order to com mit this outrage and indignity, since it took place in the street close to the door of his office ; this, he con tended, was done with a view of making the offence more galling to the feelings of the prosecutor, which was an aggravation of the defendant's conduct. Mr. HARRISON followed on the same side. Mr. justice LE BLANC, in the absence of Mr. Jus tice Grose, pronounced the judgment of the Court, in which he censured the conduct of the defendant ; he lamented that the situation in life, the education, the habits and connections of the defendant, and the notion he had of good manners from the company which he must have kept, had not restrained him from such violence as he had committed on the person of the prosecutor ; such a turbulent spirit as that of the defendant, must be restrained by law, which would not endure that wen sh•uld take the redress which it afforded, to all who had any legitimate cause of com plaint, into their own hands —not, that the Court was now deciding upon the merits of the dispute between the prosecutor and the defendant ; upon that the Court was not intimating any opinion ; the question was not before the Court ; the only matter now to be considered was, what punishment ought to be inflic ted on the defendant for his violent misbehaviour, and that must be considered with an aspect to the future as well as with reference to the past, not only to pu nish this defendant, but also to deter others : the sen tence of the Court, therefore, upon him, was, That he be imprisoned in the custody of the Marshal of the Marshalsea of this Court (the King's Bench) for three calendar months ; that he do give security for his good behaviour for three years, himself in .4'500, and two sureties in 4'.`250 eazh,.and that he be tqrther Mrs prisoned until such security . be given. • SELATTION-•—.BATCII MOE V. MORDAUNT. This was an action to recover nineteen guineas from the defendant, a widow, for the board of a young woman, who had been seduced by the defendant's son. Mr. GAR ROW stated, that this action, he was hap py to find, was undefended, as it would save him the pain of making observations, which would be distressing for him e-to utter, and for the Court and Jury to hear ; a young woman of the name of Char lotte Matthews," formed a part of the defendant's fa mily ; she was than only IS years of age ; in the year 16U7, she was saduccd by John Ivfordauw, the sqn of - A I EA literal Atte blows 'en t/le altot Sldetwith a log* tie defendant ; late would not sad the mother 'winked walking-stick, and then said— ,, If you want any sa- at the iniquity of her son, he would only state how tisfaction i you know where to find me ;" evidently she conducted herself: sone time before the month meaning to provoke the prosecutor to challenge him of Sepemher, 1807, she went to the ple;teiff's house to fight a .4ml. in Sureeye and told his wife that she wie.hed to - ent James Pearce, servant of a Nobleman, who hap- boatel and lodging for a young woman, who was in pened to be passing at the time, deposed to the same the tainilyway, :tit..; she wa' brought tolled; that effect. she would pay the plaintiff hulk-a-gtonea a 'week if The affidavit of the defendant comprehended an the young woman caild be accommodated. The historical, and somewhat minute, detail of his whole plaintiff's wife consented; end. on the Ist fd Seelezne life, from the period when he took the Degree of ber, 1807, Or: e:TLUlLbrotl i )l2 the young woman Doctor of Physic at Leyden, to the present time, in to the plaietiff's hint*, and call d her by the name the course of the reading which— i of Elizabet4.Flint, and said she was a , etV4llt to her, Lord ELLENBOROUGH observed—" How can all the defendint'., daughter. The olaindfl's wife in. this be Material ? There is no passage which may , quired, sees she p rov id e d with ) 0.6) - -6.0t1;e? the dip be read out o f an y b oo k, which might occur to us ; fendant arr.wereJ not, but for the pinintiii's wife to to take into our hands, out of our library, that would provide them, and she woUld ! . .Cy for them, and art not he as material as this is, to the point which is now other expencLS attending Ler lying-in. The yeung before us, namely, the conduct of this defendant en woman was no brought Lied fur two mouths aftr, the occasion of his assaulting the prosecutor." and remained at the plaintiff's house, near 12 nu.nths Mr. DAMPIER lamented that the anxiety of his : and the defendant had not paid her board from that client, the defendant, had led him to insert in his af;i- time to this ; this was not all—she persuaded the er.- davit, matter, much of which must be admitted to be , fortunate object of p ar son ' s se d uct i on , to poi t h e irrelevant to th e p o i nt now b e f ore t h e C ourt ; but • child into die Feandling-Hospitel, by a fictitioes Counsel could not always controul their clients. I name, under'the, promise, that she w. - alld et: her Lord ELLEsnonouott— , . Could you conduct us - place, as a wet-nurse; but no poison could take her to some part of this affidavit, which is material to the into their Family, an th cep,:r 7 iy, without she &edit question before us, or to something that was within a shew a certliicax of liar marriage. The plain:iff dict few years of it ? But since: you have found it im. not charge fUr the baby-clothes or the expellees of the possible to direct the anxiety of your client, the hear- accouch.v:irld ; but'stied simply for the lialtooguine.t a ing the whole of the affidavit will be more satisfac. week for board and I .odgiag. tory to him, and therefore we shall hear it all ; but This case was fully made out in evidence, and tie it is an unfortunate waste of time." Jury, under the direction of his gavea The affidavit was then read to the end, in which verdict for the Plaintiff—.El9 19.;. the only part relating to the question was, that which INSOLVF:NT DEBTORS ACT. stated that the defendant had written some strictures Mr. BOLLA.ND applied fer a rule to shew cause why on the present system, un d er w hi c h t h e me di ca l d e- t h e K eeper of the Fleet Prison should not bring in* partment of the army is conducted, which had been Court the body of Jean Baptiste Reineau, for the put commented upon by the prosecutor, and replied to by pose of his being discharged under the late Insoh-ent the defendant, which had created some asperity be- Act. He was in the course of being discharged at tween them, and which had produced in his mind an the Quarter Sessions for the city of London, when a irritation, under the influence of which he acted ; and doubt occnrted to the Reeneteit, if a lock-up-housee ; he was sorry he had so far forgotten himself as to in which the prisoner was in custody on the day of commit such a breach of the law ; he declared that' the Ist of February, when the Act took elect, was he did not designedly wait for the prosecutor on this such a custody as the Legislature had in contempla occasion, but twat leis meeting him was purely am- tion. Lord ELLENBOROUGH said, the Act surely meant dantal ; and excited, as he swore, by the prosecutor. public custody. It could not be said that the pri. The ATTORNEY GENERAL said he was ready to ad- sonar was in the custody of any keeper or gaoler.— mit, that the gentleman who now stood for judg- Rule refused. ment of the Court, should receive the benefit of all the ornaments that he had conferred upon himself by the greater part of his affidavit, for he dared to say he deserved all the commendations which his nwii affidavit bestowed up :n him. With respect to those • facts which he ha..l stated to the Court in mitig.ir,iud of sentence, for the offence which he had committed, it was exceedingly easy for a gentleman who had' placed himself in such a situation as this, to alledge, or perhaps to suppose, that he had cause cf com plaint against a person whom he had thus insulted ; but here the defendant had garbled the transaction from the beginning to the end, and if it were not clear th 7 t he had done so, it would have been necessary for Mr. Keate to ask time to answer the statement of the affidavit ; but it being clear that the defendant h a d garbled the case, the prosecutor was content to take the judgment of the Court upon it, in its present state. He could not help reminding the Court, that it was an extraordinary thing that a person who had held so high and so public a situation, and who had such an education, who had kept such company as the de fendant had, could descend to the conduct which had so disgraced him, that because he differed in opinion from Mr. Keate, he should beat that gentleman in the open street, and then triumphantly say—" Tf you want any satisfaction, you know where to find me." This tl;e prosecutor did not follow up with a chal lenge, which the defendant intended it to produce ; it was very fitly made the subject of a criminal pro secution, in which the defendant would learn from the Count, that his conduct was contrary to law and to justice, and highly reprehensible. Mr. GARROW was on the same bid..., but did not add any thing to the case stated by the Attorney Ge neral. MAYOP. OP roor,. Mr. Serjeant LENS moved for a rule to shew cause why a illasuiamus,b? the way of a writ of Quo War rank, should not issue, directed to Mr. Stroag, ruquir ing him to shew by what nathority he the office of Mayor of Pool. lie moved this, on the oath of Mr. Carter and others, burgesses of Pool. It appeared, that the Mayer and Aldermen had given to themselves a right of appou,ting three candi. dates for the office of Mayor, one out of which three to be elected by the burghers, although there was no such provision is the ehartz.,- ; neither was there any mention made of the title of Alderman, alilicugh those that had served the office of Mayor, assumed it. On the ilith of September Lst, the election came on ; Mayor and Aldermen al jointed Mr. Strong and two other persons as candidates, and Mr. Strong wap elected out of the three so appointed , and sworn in, although the burghers had set up a Mr. John Go.rlartl e without his being appointed by the Mayor, and the self-made Aldermen, and lie had a large majority of votes oyez Mr. Strong.—Rule Lranted. COURT OF EXCREQUIM. SINIPSON " (Ca TAM " CI:EYRURNr. The material point of this case, though of consi derable importance, witlin a very.short compass. A Mr. Robert Mattrio;:, an Attorney, beiuo in rattles. embarrassed circumstances, applied to the Defendant for a loan of about £3OOO. The Defendant said, that he had £l3OO in stock, which he would sell out, and 41500 by him, which he had intended to vest in the funds. If Mr. Maurice would give him the dividends of the funds, whatever these might be, and replace for him so much stock at a particular future time, as the whole .€3OOO would buy at the time of the loan, he might have the use of that sum. Maurice agreed to these conditions. The stock was sold, and the remainder of the sum was paid by a bill at two months —the discount being however advanced by the De fendant to the said Maurice. The Plaintiff, a cre ditor of Maurice, endeavoured to destroy this claim of the Defendant, upon the ground of usurious inter. 'est. The only witness called was Mr. Thomas Man 'rice, a relative of Robert Maurice, who negociatcd the loan and stated the tranriction as above. The SOLICITOR-GE:IEIIAL and i,fr. DA rscrx admit ted, that the part of the transaction which cot e.red in selling the stock, was perfectly fair, but contended that the other part was clearly usurious, and a mere trick to enable the Ddendant to take more intereA than the law allowed. Mr. Serjeant Brit' and Mr, Houtovn for the De fendant, on the other hand, maintained that there was no reason whatever for considering this as a trick; but on the contrary, every reason to believe that it was a fair and bo,nr fk trinsact'on. That a man who ithi 1d It of the ftirds • either sold on_ .tae Itte,„ to give a /an, or who lent what money he intended to have vested in the funds, was entitled to charge the dividends of the funds, and to have the stock, whether greater or I‘..sß, replaced at a future day, had been clearly established in a cane which came before the king's Bench about two years ago, —v. Rumbold. In that case the Plaintiff had brought his action for £4OO, doe to him from the Defendant, stating that he wished to have the money to place it in the funds. The Defendant engaged, if he would stay his action, to give the fund dividends, and allow at a future period as much stock as the money would purchase at the time of the forbearance, and the Plain•ifi . agreed. Upon an action for usury afterwards brought, the Jury found that this was no usury, and the Court of King's Bench refused a new trial. Mr. Serjeant B Eir contended, that k was impossible to suppose this to be usury, corside;4 ing it as a bona fide transaction, b ecause , t h oug h t he Defendant Ind by the rise of the funds got more than. 5 per cent. he might by their fall have got less. The surplus was therefore no more than a compensation for the risk. The LORD CHIEF BARON seemed, in point of lard, to attach great weight to the case of Rumbold, whitb he considered as very like the ptcsent case. He therib fore left it to the Jury merely to CA y whetlx: - this was a fair and Lona fide transactiou, or a cover for usury t The Jury thbught it a fair ty.►nsaction, and accer. (fifthy i' and for 5!?, Deft:m.lm -11 l