Star. — London, England, 1807-12-18 00:00:00

NAUTICAL •INTELLIGENCE. PLYMOUTH, DEC. t 6. Came in his Majeßy's (big, Paaatorll; MUM, and 1 1 3 1.oVaa, from a eruize ; bosoms*? gun brig, from Abler:nob with difpatches—nnt any thing has yet transpired ; Ann armed fhip, from Gibraltar, with difpatelses•—on the 3oth ult. the (poke the Portuguefe tquadroa; eonfißing of five fail of the line and one fligate, having On board the Royal Family, who left Litton that day ; and it is Rated that the French troops entered Lisbon the 3oth ult. with an army of 40,000 men—the defiinationof the fquadron was not known. Came in the American (hip Amiable, Captain RINKER, from New York, with logwood, &c. ; Bremen (hip Marie, Captain Mamas's, from Baltimore, with tobacco. PORTSMOUTH, DECENIBIR 17. Arrived the Cornwallis and &Win transports; from Guernfey.—Sailed his Majeßy's fhip SATURN, to join the Channel fleet.—Came into harbour two DA. nith men of war.—The fleet for the Well ladies is expeded to fail todnorrow.—Wind E. DEAL, DECEMBER t 7. Sailed this morning feveral fail of outward bound velTels for Portfmouth.—Arrived his Slajefty's Chip Ostaty, from a ernize, and ►emains in the Downs With the reft of the (hips, as per la(:—Wind E.S.E. The 'rums frigate, from the Mediterranean, is arrived off Lymington. YARMOUTH, DECEMBER ►7. Arrived, the ALACRITY Cupp of war, and has brought in a large French lugger, pierced for 18 guns, but had only four mounted, and so men .; (be came out of Dunkirk on Sunday, and had made only one capture— a Swedifb gallint ; the privateer is a new vette', and on her third ernize. Sailed, the VISTAL frigate, with an American Cnnful, for Hcli gnland ; on a cruize, the Rofamond, Pincher, and wail. Ships of war heie the Rcebuck and Fl R.tg Dips, the Vanguard, Stately, Foreßcr, Lynx, Cyane, Sappho, Tartarus, Safeguard, Snipe, and Cenfor. ARRIVED. Varrootolt Roads, the Andelofts. Rayne, from Rigs—At Li- V rpool, Bctfey, Bowden. front New Orleans ; John Adams, Wood. from New Hampfltire; and the Philadelphia from Philadelphia—ln the Clyde. Alexander, Scott, from Pk:ton—At New York, Britannia, Careen, from Newfoundland, and the Laura. Rofßter, from Bristol—At Baltimore, AHel. Donovan, from Newfoundland ; Neptune. Ji &don, from Peterfburgln Ge neral Knox, front Liverpool, :nd the Alexander Hamilton, from London—.A t Bolton. Triumv lure, Greer, from New foundland ; Horatio, Saunr!ers, from Peterfburgh, and the Arif tides, Williams, from Liverpool--At Virginia. George, Walker, from LiVerpool—At Wireaffetts, Clio, White, front Liverpool— At New Getting. Jupi•er, Libly, from Liverpool—At Chrrlangs, Auguitus Cnfar, Hail, from Liverpool ; Eagle. Clark. from Africa; and the Olive Branch, from the Clyde. The Brothers,Thompfon, from Peterfburgh fat ;London, was captured on the rith ult. near Copenhagen. The Royal Sovereign, --, from St. Domingo for London, put into Nape Providence on the aoth of °dotter, leaky. The Hope, of and from Mole, laden with pipe clay, has been captured, recaptured, and carried into I)over. ADMIRALTY COURT. DOCTORS' COMMONS. --- Yelterday the Right Hon. Sir WILLIAM SCOTT pioceetled to the aijudication of the following cafe►: &Wok Fortuna, Mohamed Mailer.—Thig 'ad, with a cargo various articles, was going on a ♦oyage from Anatterdans to Mogadore. at the time of the capture thereof. The Court was fully fatisfied with the evidence produced in the uufe, and ac• co dingly pronounced for the reftitation of the flilp and cargo. Fortuna, Vrongd Mailer.—This cafe came before the Court on further proof, which being facisfadtury, the drip and cargo were rsitored. - - ------ The Hibberts, &rafter —This cafe was argued in the Itiltance Court during the term, and the queftion was refpedling two framen. who fued tot wages due on a voyage from Haifa* to L o ndon ; and it was Rated in their petition. that they performed their duty until the flip was Catty moored in a slack in the river Thames ; and that the Chief Mate came on deck, and informed tins. the voyage being ended, they might gn on more, or, if they were inclined to remain on board, they thole's' be entitled to river pay ; hat they thought proper to quit the !hip. It was contended Is argument, on the part of the Matter, that the Captain did not give them authority to do In, and therefore they were guilty of an aft of defertion. On behalf of the mariners it was contended,thaf there was a complete difcharge in poiot of ilW,by the declaration of the Chief Mate ; that the Mate was competent, and bad the fundions, in the abfence of the Matter, to manage and condua the affairs and concerns of the vest The Court was of opinl .n that they quitted the Chip without being juttitieti. and the pewaltv, agreeable to Ad of Parliament, was a forfeiture of one month's wages each. FATAL DUI!. tN AMlRlCA.—Estrael of a Letter from a Gentleman in New Orleans, dated Oaober This morning. at ten o'clock, I (hook Lieute nant T. by the hand and this evening, at eight, l , • held in my hand a ball that had palled through his heart. The bell account I can give you of this melan choly affair is this : A number of officers were amufing themfelves in ;heir quarters lan evening with cards, when R. came in and was atked to play : he declined, with a quotation from Shaltefpeare...;.. Some criticifm was made on it by T. and an argu ment of fume warmth took place—difagreeable re fleaions were made—bad language caned, and this morning T. fent R. a challenge. They met, jolt before night, nppolite to this city. On the word, fire 1 T.'s pistol flatbed, 'and R.'s (napped. On the fecund, they both fired almoll at the fame inaant, and R.'s ball pared quite through T.'s body, and lodged in the left sleeve of his (hitt. He Raggered a few paces—exclaimed '• I am a dead man !" fell intl the arms of his friend, and inftantly expired. '• Mr. R. did not with to fight him, but unfortunate ly, all attempts at accommodation were vain. T. poor fellow, would liflen to no propnfalt. He had a firms refentiment of his fate, and expreffed it ; but he be haved with the utmolt firmnefs and refolution." DISTURBANCE AMONG Tag SHEIRMAKIIIIIL••••In con fequence of a alike and mutiny, together with tome aggravating placards exhibited by the refraaorycraft, particolarly againft Mr LIMIIIERI, of Fleet.llreer, a bill of indiament was preferred Define the Grand Jury of Middlefex, and was found a true bill againft thir teen fltnemakers. vino were taken into cuftody under Lord ELLLIIIOIIOVGH'S warrant, and locked up fince Mon.iay. 'rhey were brougin up and bailed by the club of delegates, to take their trial at the neat Set - - 11.ns La the County. • 14W I.VriLLICENCte• • • toun OP COMMON 4LEAS, OUllstiltALL, DEC. Ste COMPIitACT. - _ MitTICIWAT 'ARROW MN. Will This was an ation alpha four Defendants ) Bat•. re*, Dawii, Martin andArinkk, to recover damage. fuflained by the Plaintiff ) in confwence of si wicket confpiracy of the 13efendahts. to prevent his obtain. • ing hiiteitificate, after his Bankruptcy. The De. reorients were convicted of the confpiracy at the Sef fions at Clerkeowellond are now in Jail, purfuant to their fentence. _ Mr. tierjeantSnatusen Rated the cafe on the part of the plaintiff. His client, Mr Hathaway, had been for many years, previous tn the year Itioo, and is now a clerk is the Bank. He was alfo previous to the year tfloo a coal merchant, and had failed in his blifinefs—and i commiffiun of bankruptcy was regu laity taken out again* him. The defendants Davis and Barrow, two of the creditors, were determined to prevent his obtaining his certificate ; and having heard that a bankrupt was s e entitled to his certifi cate who could be proved to Stave 101 l more than 51. by play at one fitting, they formed a confpitecy with other men, as wicked as thenifelves, to fabricate the I following tale, which was afterwards fupported by the molt barefaced perjnry—that on the 22,1 April,; i 800, Maniac and the plaintiff came into the hook of Winkle, in Twitter's alley, Dunhill row. Moorfields, who is a working jeweller, and bargained with him 1 about Tome fpoons—that the plaintiff, feting t pack' of cards, propofed to play with Marriat a game of putt for a guinea. as the price of a flipper, that having loft that game, he played two more for five guineas each, which he alfo loft. Winkle and a Mrs. Grover had the audacity to fwear pofitively to this; and Barrow and Davis alto (wore, that they heard. this Rory and believed it to be true—and they accor dingly prefented a petition to the Chancellor, to flop the plaintiff's certificate, which was accor. Jingly flopped, and he could not obtain it till ;805. The anfwer that he was now prepared to give to this Rory was this—he flinuhl prove, by two refpeitable witnefres, that the plaintiff was employed all the morning of that day in pigeon (booting; in their company, in the neighbourhood 'of Copenhagen• Houk ; and that when they returned to town, they went immediately to the public houfe called the Three Kings, where they fptnt the evening and Raid till pall it &deck. It was therefore impnliible that he could have been at Twitter's alley, Moor. fields, io the coin& of that day. Another witnef, would prove. that he elks wilds went in company with the plaintiff to Wiiikle's houfe, under pretence of buying a boric, but really to fee whether Winkle ever knew the perfon of the man whom lie had fworn he was intimate with, and Winkle (though of by the plaintiff whether he knew him) declared he had no recolleaion of him. The Attorney's Clerk, who was the principal inflrument in preparing there falfe affidavits, would fwear to the cnnfpiracy ; and he would be confirmed by other witneffer. whom the Defendants, Barrow and Davis. had fpnken to, to prevent the certificate being obtained. A number of witneffes. who knew the plaintiff from hi. child wr utd prove, that he never played at cards and when to this was added. the monfirons imprn bability of the plaintiff having gone .to buy fpoons, at a filverfmith's,and upon tieing a pack 'Scat& chal lenging Maniac to play, and toting eleven guineas in three games, he thought the Jury could nut he. fitate for a mcment in thinking it one of the molt ne farious and abominable confpiracies which was ever brought before a Court of inflict. In giving their damages, they mull confider what compenfation was due for the lots of oharatter. and the mifery which the plaintiff had fi long been (offering from his being held up to the world as a gambling bankrupt. He did not think they would go into nice computations of pounds. (billings, and pence, and that they would give a fair and liberal eempenfation for the injury the plaintiff had fultained from this wicked and de teflable cnnfpiracy. Formal evidence was then brought of the bank• ruptcy, the proceedings under the commiffiun, etc. Among other things alfo the petition of the De fendent Barrow was read. It (Wed that the plain tiff had gambled away the property of his creditors. and that it was for the fake of public justice that the Defendant Barrow oppofed his certificate. In the petition the Rory of the i nguineas won at putt, was dated. Mr. Barlow, a painter and glazier, then proved the alibi already Rated. The !cabin, he Paid, why he was fo certain of the day was, that he had bor rowed ss. from the Plaintiff in the couife of the morning. which induced him to • rake an entry of it. Mr. Byrne, who had been for many years a clerk in the Bank, and knew the Plaintiff, Rated, that the Defendant (Davis) had told him, that he would take care that the Plaintiff lhould not get his certificate. and Ihorild never get into the Bank again (the plain tiff had been fufpended, on account of his embarafr ments, and not being able to attend) unlefs he was paid his debt. MClatchy, the Attorney's clerk who firft planned and advifed this confpiracy, then appeared as a wittier' for the Plaintiff. He was brought into Coen t on a man's back, having log the ufe of his limbs.—: He was in the year tBOO a clerk to Mr. Morley, an Attorney ; and having been confulted by Balmer and Davis how to prevent the bankrupt's getting his certificate, he told them that if the Plaintiff could be proved to have loft above id. at a fitting, he would , nut be entitled to it. They Paid. 44 that would be eafily fettled in London ; that affidavits were eafily got in this country, and they could find plenty of people to fwear to them." The plan was then fettled which had been mentioned in the Rate. meet. Mr. Barrow and Mr. Davis agreed to divide the expences of the petition between them, and did 'finally give two guineas apiece to the per fons who (wore thefe affidavits. Martian and Winkle obtained a defeription of the perfon of the Plaintil4 and engaged to go to the King's Beach to fee him. He understood that Winkle did go; but it was fist; late in the evening, that he had not Inch a dining' view of him as to be able to recolleft him again. This witnefs being croft examined by Mr. Serjeant Star, confefed that be knew of the intended fraud, fi om the beginning, and lent hinsfelf as an intro. anent to carry it on ; that belted with his own hand drawn our, and afterwards copied, affidavits which ho knew to be talk ; that he hastens copied *joist bfiladvit. Which potported to be NWT! by Molt& and Lewis (but,whieh be Wilted that he had cot fworio) and that ihofe rare affidavits being Rated to the Chittegroi; were the reafons Which induced his Lordfhip to RoFo the 'eettilleolte. .3mnd Jlill *as a fellow prifoner of the Plaintit s' in the King's Bench, and had accompanied him of ittwards to Winkle's holsfe. oh pretence of bargain-1 irfg for a potiey I that the Plaintiff two or three loses ] sliced Winkle 46 Have I tint feen you forne where ?" To which the Defendant Winkle as often replied, that he had never teen him to his knowledge. in the courfe of his life. Thomas Whim a mailer tailor, confirmed the alibi proved by the fire wittlefs. Rape/table witneffes were called, and teflified that the Plaintiff was not accullomed to play at cards. A eonfiderable number of witnefles alfo contra dieted the affidavit of the perfon calling,hintrclf John Lewis, who (wore that he had himfelf freq.tently won large fums of money from the plaintiff at the Plough, in Bow-Areet, kept by Mr. Penny, and which was a common gambling honk. Thole witneffes, "who were refpeaable tradefmen in the neighb Jar hood, declared that it never was confidered as a common gambling honk for thefe thirty years pall : —that they frequented the houfe, and never law ' higher play than fixpenny cribbage, but that Hatha way never joined in the play, nor betted on it. They , r alto (wore, that no perfon of the name of Lewis ever frequented the parlour of that honfe, except an old gentleman, who is dead a long time ago. This was the cafe on the part of the plaintiff. &quints Barr and Barra• were employed for the defendant Davis, and SerjeantYaucsmax for the others. Mr. Serjeants lissr Ind VAUGHAN made very able fpeeches for their clients, in which they dwelt with great feverity on the infamy of the wi•nefs, M'Clatchy. They alfo confidered that the plaintiff was not entitled to any large damages, as his bank. ruptcy had every appearance of being a fraudllent one, for the pisrpore of ivhirewribia: himfelf, and he never paid a farthing in the way of divideni. It was not for filch bankrupts as there that the law intended to give certificates t and they did not conceive that the injury was great in a certificate being flopped which he did not defame to get. At all events, the defendants had already been feverely puniflted, and were now atually lying in jail. The defendants produced no witneffes. Sir JAMIE MANSFSILD fummed up the evidence, and made appropriate oblervati mt. He confidered, that, bad as M•Clatchy was, his evidence had been fufficiently confirmed by other witneffes. The Jury, after a few minutes confideration, found for the plaintiff—Dsmages aoool. This trial excited conliderable intereft, and occn pied the entire day. FORIIIIITIR •. TVMin Lib OTHERS. This was an attiun brought ;gainß the underwri ters, by Plaintiff, owner of the Favourite, to recover (he value of that flap, which was 101 l on the 87th of May lag, by driving on a reef of rocks off Clonaive, a fmall ifland, a •err lhort diftance from the ifland of St. Domingo. The Favourite failed for Port an Prince, with con• *VP may, Tome time in January, illo6; previous thereto. the was bought by the Plaintiff for the Turn of 3,3001. and was in excellent condition She artived tact at St Domingo, and was thoroughly overhauled. She remained there from March to the 26:11 of May, when the let fail, in company with the George and Nep- tune, fir England. On the 27th, about three A.M bock on the rocks, where the remained withnnt a potlibility of her getting off, though every exertion was tiled for that purport by the crew. Captain Mudie, commander of the Favourite, de poled, that he commanded her to St. Domingo, the was 2ro tons burden by meaforement, but could carry 300 tons with cafe ; the was in good condi tion, carried ten guns, and was manned by Is men. on the patrage out ; on the voyage home the was in. fured ; the Favourite fat fail from Port au Pt ince on the 26th of May ; on the 27th, at half pall three. A. M. ran on the rocks, the wind blowing high at the time ; during the night it had been very fqoally, the wind came round from booth to call ; when the (hip (truck, hove every thing overboard, and nfed every exertion to get her off by lightening her. The crew were on that day and next night endeavouring to fare what they poffibly could of the cargo ; nets left the (hip on the 29th, at eight A. M. at this time the main maR had gone overboard ; landed at Leogane, on the coati of St. Domingo, procured boats, and landed every thing that be potllbly could; he kept going to her till the 6th of neat month, when the went to pieces. At the time the Favourite Brock opon the rocks, a (mall fchooner alf> (truck, but from her being much lighter, got off. Witnefs, salt his crofs examination, dated his crew confilled of eight men, and a boy of fourteen years of age, who bad been at fon before. At the time he let fail he was. obliged to cut the cable, the men not being able to weigh the bower anchor ; the crew rem:Armed with him for attempting to put to lea, as they were not competent to manage the veffel, as two of the nomben were old and decrepid feamen, not fit to do duty ; thought the crew fufficient to bring the Blip to England ; could get no others. Several Captains of vetch in the Well India Trade, were examined as to the fad of eight men,' and a boy. who had been at lea before, being fulfi cient to work a Drip of the burden of the Favourite to England ; they were all of opinion that eight able (cameo were fufficient ' • tome of them laid they had come to England in larger !hips with fewer men. owing to the men running away, and could not get others in their places. Captain Sober depofed, that eight able men are fafficient to navigate a fbip home from the Weft Indies. Witnefs had teen the mate, cook, nod boatfwain of the ravourites crew; and being aka what kind of men they were t He Rated the cook and mate were two worn.out feamen, about 7o years of age s and completely decrepid; he did not 'think they were fufficient to bring the (hip in lately to England. Mr. Serjeant JUST, for the Dirandants. Rated. this Sip failed with a licence, and alto with a much lets number of men than Government (pacifies. It was -plain that a (hip &quid have a fufficient compliment of men ; but he would thew that this (hip was not (ca worthy. He did m,r mean to fay the was unfeaworthy in her timbers • It would not be fufficient for a (hip to have her anbers found, but Ike mutt be well manned—it would nett do to fill up the mullet roll with ctipples—the men Moe be (efficiently able to perform their duties r and could it be kappored that fix inert and a boy were (efficient to navigate a Grip tom the Well Indies to England One of the fail WS. of the name of nes e who is now It Greenwich penfioner. was exhibited to the JOY he is an old man e worn down with age.—Plaintiff ioufulted. COURT OF CHANCERY. DEC:t6. COREOERTION OE COLCHESTER o. LO*Tlate in this caufe an injunftion had been granted again& the defendant's proceeding at law. and an order made for the plaintiffs to pay into the Court the rum of fool. The prefent application. on the part of the defendant. was to rettritt the injunaims to the verdi& obtained by him on the judgment , fo that he might be petthitted to procee d upon the award of the ar bitration. A counter mrtion *as then made on the part of the Corporation, calling on the Court to vary the mina ht of the former order. with refileo to the pay. ment of the f 001. Into the Court. It *u gtottade4 upon aft averment th4t the defendant had already received a fum of m ncy to that amount, being the intereft Iseernina not 1.1 claims which the defendant war lint entitled to make. Sir Aitsrua Pio , r r and Mr. Wartseaatt. top. ported the claims of Mr. Lotvten upon the Corpora tion. 17te latter Gentleman obferved, that this can fcientions Midi had. in their conchae to the defendant, able and &Rations I v u er cl i g fi e ed C t o h t e 4t a u rr s, er . 64i t in ha o t f C t o h r e po v r e a r t y ions had no (*tile." Sir SAMUIL ROMILLY, fur the plaintiffs, argued on the merits of his motion ; and obferved. that it favoured little of tine magnanimity in his Learned Friend, Mr. Wetherall, fo frequently to indulge let 1 his attacks on this fornefi Corporation, when he ' met be aware that it was the natural confequence of fuch a privation, net to feel a fpitit of refentment. The Loan Collagens -Loa eonfideredthe'argumenta on both motions as bearing to the fame point. Upon an interlocutory motion of this kind, he was not I prepared to fay what might not be the jorifiliftion of a eorporated body. However, he did not fee any ground upon which he ought either to enlarge or rettria the previous order. He accordingly con firmed it. and ordered the plaintiffs to pay the turn of cool. into Court. OCCEMBeIt 17. HUMMER THI CORPORA rime OF CRIPPINHAM. The Plaintiff was Schoolmafler of the ne e reboot la the Borough of Chippenham, of which the Corpo ration were Patrons. During the late elettion foe that B irongh, the fele& body of the Corporation fnpported one candidate, and the Plaintiff wu under armd to be in the interea-of the other. In the cow& of the ele&linn the Plaintiff received an anonymous letter, admnnifhing . him to vote fir the candidate fs voured by the mirth' , of the fele& body • and in cafe of refaal, thteatening him with the ft e ite re of his fituat ion as Schoo/matter. Having confuhed his own inclination in voting for the candidate whom he witted to fucceed, the Plaintiff. on the neat m ee tin g of the Corporation, was difshiffed from the Emotion of Schnolmaller. which he held'doring their pleafure. The ground on whisb he was difmiffed wah that of incapacity. althongh- he had difcharged the denies of the otEce for ten years previous to that i rziod, without complaint. The Plaintiff having his Bill againtl the Corporation, and ally again!! indivi dual Members of the Selett Body, whom he, (the Plaintiff) charged with having confederated andeop. fpired together, for corrupt purpofes, to deprive him of his &nation ; the Corporation, as a body, gave in Wirers. and the individual Members demurred. The Demurrer came on Tuefday laa to be argued before the Lord Chancellor, for which fee yeaerday's STAR. Mr. Iticitaitets and Mr. Hoax, for the deice., dant+, contended, that the individuals of the Cor poration could not be called on to 'inciter what had been done by the body in its corporate capacity.-- This they maintained wat a fixed point ; but fup• poling it not to be fo, nal, as the Matter they were called on to anfwer, in the prefcnt innance, was of a criminal nature, and for which, if they anfwered in the affirmative, a criminal information might be filed againli them in a Court of Law, the defendants ar. gued that they were oot bound to anfwer in their is • dividual capacity. Sir Strauss Romiszr, for the Plaintiff, contended that there cosW be no way of afcertaining where a Corporation had or had ant aged improperly, ilia. clividual Members could not be made parties, and compelled individually to make a difelf.fure. If the cirettoillance of eriminating a man's fell were to be dimmed an apology for his not anfwerinc a bill, it would be difficult to figure a cafe in wbic two or mere Defendants in one Bill could be called its fur. cefsfully to make a difcloftire. . The Loan Cosecti.soz this day determined, that the individual Members muff anfwer the charges al ledged again@ them. It was material to the ends of juntce that this rule were afcertained. Not ens BR lin fifty filed in that Court, but charged a confederacy and combination, and to lay down that Defeatism might, on Inch grounds, demur to the Bills, would be at once to flint the doors of that Court again!t every fpecies of redrefs. His Lordlkip knew that Courts of law had of late taken sognizance of many points • conneaed with equity, in fn much fo, that it might be more difficult to fay, in what cafes they would not interfere, than in what cafes they would interfere. His Lord[hip was, however, of opinion, whatever might be the proceeding in a court of law, that the Court mutt order the individual defendants to an -1 Ewer. His Lordfiiip therefore difallowed the de• mutter, and in the mean time, till the anfwers Would I come in, continued the injunition. PURCELL V. MACNAMARA. In this eagle, the exceptions to the Meg lees re. port (taken by the defendant, and adrenalto is our Paper of Monday were farther argues' at grew; length by Meffn.lnoursua and ,Aoaa, am - of the defendant; sad Sir Samust, Mr, Haar were heard in anfwer. Is urusoilroilp , matter account. The further proceediortMeos *as poßponed. The LORD CM A VIC ILLOR PA Coon After two Aka. in order to attend at the Hoare of Lords, for d ie purpofe of further proroguing Parliament.