Star. — London, England, 1809-07-31 00:00:00

- cOURT-ALIRM:IL ON LORD G.4AWER. FOURTH DAY-PORTSMOUTH, JULY.O. _ . - _ The Court assembled at ten o'clock: Lord Gambier having taken his station at the bob. min of the table, he was addresse'd by the President, as follows :—" My Lord Gambier, are you now pre pared to state on what day you shhil be able to enter ,on your defence Lord GAMBIER replied—" I feel myself much obliged for the indulgence the Court has stanted me, an d a m sorry I shall be conmelled to detam the Court till Monday, on which day I shall be fully prepared to e nter on my defence." The Court then adjourned till Monday, on which d a y it was desired that all the witnesses he:etofore summone s hould attend. d It is expected the de'ence will be long, and that his L or dship intends examining several witnesses. WEST INDIES. The expedition which sailed from Kingston har bour on the 6th o June, to attack St. Dmingo, con sisted of 2,500 me f n, exclusive of the mari o nes and sea men of the fleet by which they were to be convoyed. The troops consisted of two brigades of artillery, one heavy the other light ; the flank companies of the lSth, .54th, and 55th regiments, a rifle company of the 6th battalion 60th, and a detachment from the 2.d West India Regiment in the first division. The se enad division was com pos ed of detachments from the 2d battalion, I btla, 54th, and 2d West India Regi meras. Th e f o llowing is a list of the principal Officers and Staff employed on the expedition : Major-General CARDUCUALL, Commander in Chief. Captain 'I - wit:o, Military Secryary. Lieu:taras CARMICHAL and DA I.MOUSIE, Aides-de-Camp. Brigad:er-Gen` FRENCH, secor.d in eonunand. ut , D ant M‘DouAt.o, Aid-dr-Camp, Captain COLL AA N, Brigade-MAjOT. Ciptlal TONG a, Deputy Adjutant-General . Lieutenant-Colonel Mr RR , Deputy Quarter-Master-General. liege:Ma VALLANCY, Assist,ot di tto . LiNteREG:-CoIoneISISITU, Royal Artillery. Lieutenant-Colonels °ewes, and HORSTORD, and 'Majors 'WALKER and Hussey, of the lath Regiment; Major CURRY of the 54th; Lieutenant-Colonel Sm t is, of the 35th; and Major MACLEAN, of the 2d We.t. India Regiment. _ _ Previous to the embarkation, Major-General CAlt.l MICHAEL issued a general order, which concludes With the following spirited passage The French Ga neral has declared that he was determined to defend 4is post to the last extremity ; and the troops under his command partaking of his sentiments, he depended too much upon their bravery and_ attachment, to doubt of success.' The Major-General commanding thinks it perfectly sufficient to make this known to those who serve a good King and a just cause, and to bear in their recollection the illustrious Nm.soies cOlamunicatien to the navy, that 4 England expects every man to do his duty." The following letter states an unlucky circum stance which happened at the time proposed fur its departure: " Kingston, June 7. The Expedition against St. Domingo, under protection ofl the Lark sloop of war, got ur.der weigh at an early hour yester day morning from Port Royal, and the Commander in Chief was !doted by a charge of 17 guns from fort Charles. Unfortunately ) , however, at six o'clock A. M. the brig Agnes, having on boa* the light artillery company, and a part of the ordnance stash, missed stays in going about, and grounded on a very dangerous spot, called the Green Bay Shoal,when a signal was made for the Lark and the remainder of the transports to return. The Agnes remained in a perilous situation the most part of yestehiay, anti a mraber of boats went out to her assistance. " From the last account we received from Port Royal yeater day evening, we are happy to state, that there was every proba. inky of her behg got off at high weer without the least injury." In the postscript to the Royal Gazette, of the 10th of June, we have a long Report of the Committee ap pointed to inquire into the circumstances of the mutiny o: the 2d West-India Regiment. The principal ob ject of this examination was to ascertain whether the mutiny originated with the recruits only, or whether the veteran soldiers were also concerned. The report states, ‘g That .the recruits must have had reason in consequence r.f previous communication, to expect the suppott of some part of the regiment, or they would rot have so rushed forward, proceeding directly to vards the front and rear of the regiment, and halting 'tr. the rear of the grenadiers with charged bayonets, they being comparatively few in number, and not 11-2.1..ni, the advantage of ammunition." It seems, at the Committee had much difficulty in obtaining evid?nce. A person styled Dr. Richard Chamberlayne refused to attend the Committee, the Speaker oi the House of Assembly issued his warrant to take 'him into custody. It appears that Falmouth is made a frce port, and that it is n ,w on the same footing and entitled io all the privileges enjoyed by the other free ports of the . island. Tile Supplement to tie Roptl Gazette of June 3, in stating the proceedings of the Legislature, notices a message from his Grace the Governor, which was ent Iti;h a petition from the inhabitants and frcehql ars of the parish of St. George and St. Maryrrepre ':ellting the defenceles3 situation of shipping and pro perty at Anotto Bay, and praying that means may be taken for its security. The House passed a Resolu tion for that purpose. The following duties have been imposed upon the several distinctions of tea imported into the island : Bohea Is. Bd. per lb. Congo Campoi, Souchong, ?ikon, Single or Tv:ankay, a id H} son 'ls. 6d. Coclu .t3l or Gunpowder Tea Ss. Id. A duel was fought on Lee Common, near Hythe, rin Thursday last, between Mr. CAwnon, of turf ce lebrity, and a Captain JONES, in consequence of an . , insult, on the p a r t o f M r . C. to a y o ung Lady under the protection of the Captain, at a ball in Dover. On the second fire, the dispute was terminated by Mr. C. tieing slietly wounded in the hand. Sunday sennight a duel was fought at the back of :;t. Nicholas's Island, near Plymouth, between two midshipmen belonging to the PMNCESS Claimer -rig frigate lying in the Sound. They exchanged three shots each at five p aces di stance , an d wer e reloading U r a fourth fire, when the commandant of the gam 'nn interfered, took away their pistols, and sent them (11 'ard their ship. One of them appeared much ihriated, and was in the act of chewing a musket *hal, to make it fit the pistol, when the Governor of 'he Garrison very properly. interposed his authority. NAVAL 111 11 11ELLIGSIVCZ. 141Arotrrm,Ly 23. Aniied the Carteret packet, with maih from Ha- Wax, in 27' days. PLYMOUTH AND PLYMOUTH DOCK, JULY 27. Arrived the SWALLOW, of 18 guns, Captain MIL NER, with impressed seamen, from Liverpool ;—the PICKLE brig of war from Falmouth ; the PHEASANT, • • of 18 guns, from the Leeward Islands. Came in the Maltese ship Euripede, Capt. FitEXCII, from Malta, with wine and dye wood, put in for or ders : she sailed from thence the, 22d May, with 4.0 sail, under convoy of a man of war, and parted from them two days since. JULY 29.—Came in the Pilchard, Captain GRE• ZARD, from Lisbon; Flora, Captain HOULTON, from Lisbon ; Ilfracombe transport, from Oporto, with 48 French prisoners ; Samuel, Captain GRIMSTONE ; Ann, GALE ; Mediterranean packet, MAY ; Mar garetta, MARK ; and the Maria, BOWEN, from Gi braltar : they sailed under convoy of the MERMAID, of 32 guns ;—Eliza, Capt. NORTON, from Benecarlo French ship AugustUs, pierced for 18 gnus, nine only mounted, with 45 men, from Bourdeaux, to the Isle of France, laden with cordage, and sundry goods, captured by the SEINE, of 36 guns. Also came in the y French schooner Eugene, from Nantz to L'Orient, laden with oak timber, captured by the MEDUSA, of guns ; brig Cadmus, from the Westward; fleet of victuallers from Portsmouth ; Jane, Scary, from Gibraltar, bound to Guernsey with brandies, pltt in by contrary winds ; French ketch Deux Freres, taken by the EMERALD frigate, laden with sundry merchindizes, bound from Rochelle to Guadeloupe. Passed up Channel the West-India fleet, under convoy of the DIAMOND and MALABAR frigates. Thursday night, le Barrow, one of the handsomest 74's in the navy, was undreked, after a thorough re pair: she is to receive the flag of Rear-Admiral Sropronn.—The MALTA, 80 guns, pierced for 102, was taken into the same dock, to be repaired.—The HESPER sloop of war was also undocked, atter being coppered. Captain Moßr.ls, late of I'EsPIEGLE, is appointed to the JALOUSE ; and Captain BEDFORD to the Ac- TEox, both new sloops of war ; and Captain AITCHE SON is appointed to I'EsPIEGLE sloop,; 'MCC —. m ORRIS. The crew of the Oczax, lately turned over to the Idurozo, have received 14 dayi leave of absence. PORTSMOUTH, JULY so. Arrived the DErrznOus from a cruize. Sailed the TISIPHONE N for 14mington ; the MERMAID takes con voy to Quebec, &c. ; ANT schooner takes convoy to the Downs, and SHARPSHOOTER takes convoy to Guernsey.—Wind W. S.W. blows fresh. DOVER, JULY 29. The ships belonging to the fleet from Jamaica have been going past all day, but owing to the embargo, no boats, except those with pilots and a Custom House Officer in each, were permitted to go off, I have been only able to obtain the names of the following, viz. Princess Elizabeh, Fitzpatrick ; Lady Johnson, Turburter ; Generous Planter, Hamilton ; Duke, Linder ; Symmetry, Liddell; St. Mary, Ayton ; Aid, Reymayne ; Prince George, Bayley ; Elisabeth, Stephenson; British Queen, Cooper; Hannah, Ellis Hens, George ; and Flora, Douglas. Passed by also this day the Mary, STAFFORD, from Grenada ; Ganges, EARLS, from Philadelphia ; Ro sins, PIERCEY, from the Cape of Good Hope; Ca nada, STERLING, from Surinam ; Belle Sttiage, JONES; and the Fame, Swami, from Norfolk. Wind W.S.W, and blows . strong. JULY SO.—Arrived this morning the brig Fortune s Captain bUNICIN, of Aberdeen, from Cadiz, with wine for this port. - The Embargo was this morning taken off from coasting vessels. Wind S. W. and blows hard with rain. DE4., JULY 29. Arrived the GEApron, with convoy from the Me diterranean, which have sailed through for the River ; also the AVM:WADE and DussoND frigates, with con voy from the West Indies, which have also sailed through for the River. One of the 'Lips got on shore last evening, near Deal Castle, but got off again on the flowing of the tide. bt the Downs—Cilatton, Ambuscade, Diamond, Unicorn, Ri mid°, Defender and Hardy. MARGATE, JULY so. This morning two ships run aground on the Mar. gate Sands : one an American, bound for London, was got off, the other, a brig; lies still on the sands, but it is supposed she will be got off :It high water tide.—Wind S. W. blows hard. HARWICH, JULY 30. Sailed the Auckland and Prince of Wales packets for Heligoland ; and the Diana and Beaufoy packets to Gottenburgh, yesterday afternoon. —Sailed this day the GLUCKSTADT sloop of war, with a convoy to the Elbe. YARMOtrrli, JULY 28. question of joint capture. The _ held that the fleet employed on this occasion, was not a fleet stationed eft' Brest for the purpose of blockade, but a fleet of observation only, and therefore pront.unced it not entitled to share. The Court adjourned to the 14th of September. An ivcd the Acu rr•, gun brig. Sailed the BREV.• DAGEREN gun brig, BRITISH FAIR cutter; Ems and Fande schuyts for Heligoland. JULY SO.—Arrived from a cruize the CALYPSO sloop of war and VIXEN bun-burg ; and remain - in the Roads with the ROEiII'CK and ACTIVE gun-brig.— An express arrived here last night, and this morning the Ships in the Road and Harbour were released ft:ma the Embargo. ------ 17 • A . ARattfAis. $ , ' At Liverpool, the Jane, Wilson, from St. Vin Cent's • Deme- 1 4ssti Rit. , rata peeket, Rising, from Para; Neptune, Watson, Rl:nt Phila. i CHELMSFORD, MIN 2". deiphia ;.Charies,,Stone, front Vir o inia ; Flora, Lake. l'hin New • I- . SPPCIA L JCIII/NS. • .' .' '''' ' ' • '-' York 1 and Alm', Baker. front Massachusetts. At Clyde, Alexis, C OL SIDE.-- Livingstone, from 'Frit:lead; Jane, Crawford, front D. minica ; . The cases which have ( - 4:correct ;:t chile A cst.rc, and Friendship, Butter, front Lisbon. At Dublin, William Brad- although some of them were of importance in FOlilt ford, —, Iron Chariston. At Cork, San Antonio, —, from of property, have possessed little interest. the Brazils. At Cadiz, Juno, Sirdtn, a;id Oak, Mason, from • London. At Liyerpoel, the George Washington, .--- from . BOULCOTT V. WINE/BULL. New York ; Lucy, Du n n, from Pernambucco; N. S. de Zarmo, i INCLOSUI:E ON EPPING FOREST. --...., fru.n 1.3..!.5a; Acasto, Barlovi, front Amelia Island ; and This was an action of trespass, for pu.iing down Mentor, Young, from Messina. At Whitby, the Aiinwell, 1 Johnson, f rom Greenland. At Waterford, the ranger, Ford, the fences of the plaintiff. front Newfoundland. At Pernambuccu, the .Correo de Londres, The defendant justified, as having a right of corn from London. mln in the place inclosed ; and the plaintiff, in re 4. The Charlotte, Sale, arrived at Bristol, front Jamaica, parted ply, insisted that he had a right to i n d ose , by t h e from the fleet, at th e us ua l pl ace o f separation on Monday last. leave of the Lord cf the Manor, and the consent of The Dominica packet, Rising, from Fara, fell over in the Dock , ' at Liverpool, and is full of water . tnn Homage, both of which he had obtained, accor , .. The Merru-'d frigate arrived at Lisbon on the 7th instant from the manor. ding to the custom of England; also the Princess Elizabeth packet. : The defendant, in reply to this, pleaded, that there A fleet, consisting of 14 brigs, arrived at Cadiz on the Stlnin- ' was no such custom within the manor. cant from England. • I Mr. MARRYATT having stated this to be the sub- The Comet, M'Donald, for London, put' back to Kingston, . 6th ult. in consequeuce of being r at h er l ea k y Jamaica, on the in her upper works; sailed again on the 12th in company with : Mr. GAlutow, as C unsel for the plaintiff, obser the packet (arrived at Falmouth), and Larkins, for London.— ved, that he should have occasion to detain the Jury The Comet and Larkins fell to Leeward on the 13th. . but a very short time, as the only question for them The Mary, Davis, which was seized in the Delaware, under • .. to .determine was, whether, by. an ancient custom, the Non-Intercourse Law, has been permitted t o enter , . - The Louisa, —, front Jersey to Gottenburg, is taken and . within the manor of Westham, the Lord and the carried into Norway. 1 Hostage had a right to grant and tnclose parts of the. The Sweden, Hopkins, from St. BartholOrnew's to Jamaica, has w aste land of the manor 2 The manor of been taken, retaken, and arrived at Jamaica. Westham, • I he said, had 100 been the property of the Crow , The sloop Agnes and of Dumfries, lately sailed from Maryport, with a cargo of lime. About two hours af te r h er d o; 1 . .who had leased g it to the family of the Hcnnikers, parture she sprung a leak, by which means the lime took fire • and, -upon the expiration of their last lease, it was hut the wind being fair for Balcurry Bay, she fortunately reached that place before any serious consequences occurred. On her sold under the Land-tax Redemption Act to the pre r.Humphries. T he arrival, she was scuttled and stink. She had, however, been sent Lords, Mr. Johnson and Mr. - greatly damaged, most of the deck having been blown up by t h e present plaintiff, Mr. Boulcott, had a house on t h e explosion, and her sails and cables partially burnt. borders of the Forest, and as there was a small piece ADMIRALTY COURT, JULY ea. of the waste lying at the back of his house, which This day the Right Hon. Sir W. SCOTT proceeded was useful to nobody, but mg • ht be made very use , to the adjudication of the following cases : fill to him, he obtained leave from the Lerd vnd the Fra Gustava, Wagons master.—This was a question of salvage Homage to inclose it. He did so, and, after he had set up by the Three Sisters (a fishing smack), for assisting the fenced it in, the defendant, who was a farmer in the above vessel in getting into Harwich. The Court rejected this I neighbourhood, Bulled down the fence or a part of demand, as an extortion, and condemned the salvers in the coats, -i t w i t h a view cf asserting a right of common. Ile Friede, Ph ters master.--,-This v-a. a Dutch fishing-boar, which ' was asserted to be coming to this country und e r a lic ence .— ! did not ask any damages of the Jury, the action was Condemned. I merely to settle the question ofright. He would Vrouw Cornelia.—This vessel, laten with brandy, shipped at ! prove, by ancient dacuments, that it was inclosed Boureleaux, destined to this country, was under a Bernet. at the opportunity of time of capture. The Court gave the claimants an ; ,agreeably to the ancient custom of the manor, -,.:licii would entitle him to their verdict. , showing that they really acted under the said licence. l'orsigneed, Willestlon Napoleon master; Michael master.— The trespass was proved by tile defendant, and These were questions of joint capture, set up by the fleets, on the 1 his servant having sawed dawn a part cf . the paiEng, ground of being associated in one enterprise for the purposes of 1 and riding through the inclosed ground'. enforcing the blockades of the enemy's ports. The Court was I of opinion that the fleets were entitled to share with the a c t ua l To prove the right of inclosure, captors. 'rile Steward of the manor, Mr. Stanley Smart, Vrouw Constantia, Dykasou matter.—This was also'a - was called, who said he had known the manor all - - Court ` - 1 I .1 his life, as it was formerly his father's, who sold it to the late Lord Henniker, and the witness continued the Steward. Ile produced the Court Rc:ls from the time of Car. I. when the manor was on lease from • 1 the Crown to Henrietta, the Queca Consort, and Saturday afternoon the Princess of WALES and Duke from the year 1023, downwards, several instances of KENT arrived at Windsor, and together with the were read of the Lord and the Homage granting Princesses AV COSTA, EI.IZAIIiiIII, Soema and Lady leave t'' inclose small pieces of the waste. Most of koneerea, accompanied her MAJLiTY to the Willows, I these cases were, however, out of that part of the at Surly Heath, the seat of ToWNLY WARD, Esq. 1 manor which ley within the bounds of the Forest ; where they were received in due form by that gentle- i and several others were in Stratford, which, although man, and afterwards walked a considerable time in I within the perambulation of the Forest, as laid down in • the gardens ; viewed the gentlemen of Eton College 1 Manwood's Forest'Laws, yet were out of the actual on the water, and partook of their annual entertain. , Forest part. One instance, however, occurred, in ment on the opposite shore, in a meadow belonging 1650, of the grant of a piece of the waste, very near to MONTAGUE GROVES, Esq. where the tables were the spot now in oispute. The plaintiff resting his case spread with all the delicacies of the season, and served i on this evidence, w:th the choicest wines, negus, syllabub, ' &c. which Mr. Serjeant SHEPHERD contended, that it was im. was conveyed across the water from Mr. Towenat possible any such ancient right of inclosure could et- Weep's seat, for the accommodation of the Royal ise in any part of a Royal Forest, as it was inconsis- Visitors, who, after having expressed their satisfaction tent with the King's right of chase and flee warren. at the hospitable entertainment they had received, If such a cli eons could exist, it went completely to about eight o'clock in the evening left Surly Heathidisafforest that part of the forest which lay within the for Windsor, where they arrived in about half an hour i manor. He then adverted to the instances produced, afterwards. It is expected the Princess of WALES I and observed, they were of a trifling nature, such as a will remain with their Maass rtra at Windsor for home few feet to set a wall square, and out of the view of the days. forest officers ; but, in the present instance, the Lords had at one time, inclosed four acres, and avowed Ay English cutter, which passed the Sound on the their intention of inclosing the whole waste, if they 26th ult. with dispatches for St. Petersburghereturned cou ld succee d i n t hi s action. T hey had boueht the with a flab of truce to Elsinore on the ' 4tl; instant,/ manor as a speculation, and were actually selling the having in the interval traversed the Baltic and Gulph I waste piece -meal, to the destruction of the com of Finland. The Commander of the Danish rowing movers' right of pasture. flotilla, in consequence of the dispatches which he re- The LORD CHIEF BARON declared, that it was a ceived by this conveyance; went twice on board the I new point of law to him, whether a right of inclosure British Commodore, off Helsinburgh—his visit was could exist in a loyal Forest, and he wished the opi returned, and various speculations have been co ca - 1 nion of the. Court to be taken on it, as he could not sioned both in Denmark and Sweden by this inter-1 u d k n erta eto decide it with the little consideration he course. then had the means of giving it in the bustle of an . The Dutch Herring Fishery, which used to em- A.ssize ; but, with respect to custom, he left it to the . • ploy several thousand fishermen, this year engages Jnry to say, whether they thought, from the it - Ist:en:es only three smacks. The seizure of 1G cod-vessels by produced, it existed or not ? • the English, is made a pretext by the Government The Jury said, they found it had been the custom, for preventing a trade which, it was feared, might but they gave no opinion on the right, Verdict tar afford facility to commercial or political intercourse i the plaintiff—Damar- b es is. with this country. LORD MAYNARD v. WILDMAN. Saturday, at the Sessions for the relief of insolvent i This was an action of trespass, for cutting down debtors for the county of Middlesex, at Hicks's Hall, I trees. The question was a boundary of copvliold - . above 70 persons were restored to liberty. Thoses The COurt spent several hours in examining old who were objected to, were remanded, till the whole iwitnesses, and at length the Jury found for th plain free from objection shall have been released. tiff, thereby determining the spot in questian to be The wife of a private in the 7th Light Dragoons, within the bounds of the plaintiff's manor. who was taken prisoner by the French the day before NENIP v. FILEWOOD. the battle of Benevente, between the English and , In this case, the defendant is Rector of &hie Hed- Fiench cavalry, very unexpectedly joined the regi- i ingliam, in this county, who has, for several years, ment at Guildford on Thursday morning, aftera long lived in a state of Civil War, or, what is as bad, of and perilous journey. The account she gives is, thatl Civil Law with the parish, respecting the tithes. The she remained with the French army in Spain till Present case was tried at the last Summer Assizes for April last, when they gave her a pass to go into this county, and now came for a second trial. It was France. She set off by the .vay of Bayonne, and an action of trespass for not taking away tithes after travelled through Franceon foot to Calais, from which i they wore set out. The defendant refused, on the place she was taken in the barge by the canal to Ant- ground that he had not proper notice, inasmuch as by weep, and thence to flushing, which she left on Sa- 1 the custom of the parish he was entitled to notice, in turday morning the 22d inst. and landed at Ald- ; garden tithes, the night before, for the next morning, borough the next day. 1 and before six in the morning, for the same day. CORN MARKET, MARK -LANE, JULY 31.—This.day After several witnesses were examined, as to the the expected supplies of Grain in general are not yet come to hand, bur there are a few arrivals of Wheat The LORD CHIEF BARON observed, that by the from Essex and Kent, and sales are about 2s. per Common Law no notice was necessa r y, an d t h at i t quarter dearer— Barley and Malt nearly at last prices custom, d rn Only be done by special custom, and g ave i t as —Peas and Beans of the two kinds likewise—'where his decided opinion, that the evidence adduced did are tolerable quantities of Oats on hand, and in this not satisfactorily prove the existence of such an anc i ent article last , prices are fully supported—Flout as our custom in Sible Hedingham. ' The Jury ) theKef u re, last ; fine American also. found for the plaintiff. •,„ GENERAL CURRENCY AS UNDER I Wheat, 70s. 85s. 955. • . Beans, 58s. 6:35. The wheat harvest has already commenced in Sus- Fine ditto, 100 s. 104 s. Tick ditto, 445. 50$. sex, and in many parts in the neighbourhood of the Rye, 455. 50s. Oats, 245. 28s. ns. • Metropolis, and will be general in most of the squthern Barley, 855.435. Od. Polainclaitto, 355. se,. counties in the cool se of the coming week. In Cam matt, 7os. furs. Potatoe ditto, 40s. White Peas (boilers)9os.lCos. Rape Seed,4Bl. to soi. I bridgeshire and Hertfordshire the crops are rather Grey ditto,46s 525. . ;t.' • . light, in consequence of the want of rain, but in most Fan Flour, ?Ss. to 50, .-- Seconds , 79x. 755. :il 1 : other parts they promise abundant produce. • -