Star. — London, England, 1811-11-16 00:00:00

-.- , . .. . , , - KEtit anEiiiFPC v • •, NAPA INTAi.LIGINCii . Sid then ; till a hiike yens ' gips np, et* e rer " i t i -„-.... -- , hauled off, and the Galatea having made the s i g nal 4.. FALMOU 11 - 1, NOVEMBER IS. that shi Vial. in, want of immediate assistance , we • , un Tuesday the CHANCELLOR of the EkCIIEQUEII, Sailed the Francis Freeing packet with the t uri. were obliged to stsly by her. Finding she was not theduclg.:s of the Three Courts, and Mr. Secretaiy able to renew the attack, we an d t h e Phoebe made RYDER, attended in the . Court of Exchequer, for the nam mail ; and the Chesterfield packet with the lira- normnatlon of the Sheriffs for the year ensuing. The sil mail. The Princess Elizabeth packet did not sail s . tit as well as our shattered citisdition would admit of; . and, en corning near them , perceived one had parted following Gentlemen were nominated for the different on the 11th in , t. as before stated, but waits to take hailed h • • te . e n -tob E e v rt flopk d izs ch of sunder , Esq. ; John Cooper, company : we found, afterwards, she had her counties . the second mail of this week. Sailed the ACTIVE Commodore to say, that she was not able to stand 1 Bed f fi "Mill i. stutter on a cruize.—Wind N.W. and blows strong. above taco or three more broadsides and was acco rd ' Be o rk Ada!: Mandy ! , Of in King ;ton a ltagp Par us k e " E o sq f L - uton o ' r E ellw PLYMOUTH, NOVEMBER i 4. / ingly ordered to keep out of the way. Hername is , of Manholes Esq.; and Attics Ltivrin Ma . rtin Atkins, of la Nereide. At 10 at night, we ranged up alongside i Kingston, e.. 4 Arrived the DAUNTLESS, 1.8 guns, from Cork ; and . 'the PSACOCK, Captain PEAKE, from a cruze. Went the French Commodore (la Renommee), and gave • Bucks—Sir Wi lliam Clayton, of Harleyford, Bart.; Willbm Pi g . her a broadside, which' those who heard it will nu t t i Ott, es of E Dodd s ashen, Esq. ;and Cliristwpher Salter, of Stoke I 11- out of harbour to the Sound, the SABRINA, 18 guns.— . easily forget ;we were so close to her as easily to cantortua - • and Huntingdon—Jahn Captain, of Woodhont, E sq . Pat back, being unable to get down Channel, the Rs- George Parker, of Great Ftiugbtun, Esq.; and Samuel Prpys hear the cries of the wounded. However, that was I SOLUTE gun-br r g bound to Cork ; PIERCER and Pg. Cheshire— Villtani 1 homson Corbett, of ' soon d r.,wned in a noise rather.more powerful. She , __Co . 4eret ‘ t, of . Wade . y, Esq. _ . • Y ates, Brisco of o i l . n:e re , E fta sq ; ;and Th y rias 4/ n Vils w on zt o! l s an g. Lli ; Darni/11,Esq.; Edmund / immediately edged down to board us; but this we took ta Loaus r bound to Bastille Roads ; and the FAtirostE, Ciumberand—Thomas Hartle y, of Li th '• E ' - of 18 guns, bound to Lisbon. The FERVENT is DS -1 good care to prevent, she having too many soldiers on board. A very awful scene now commenced. Conceive 1-place, hart.; Thomsis Henson of W , .. reay c S au irW F- a s s q. tell petted back. Wind N. W. 1 a very dark, dismal night, which was only interrupt- Hall, ' Esq. PORTSMOUTH, NOVEMBER IS. of Darle' ' ' Holden, ied by the flashes and noise of the four ships batter- Derbyshire—R Esq r Batema, r a n tf Fewaton Esq.- Robert . y Abbey, ; ks Hurst, of Auirrwasley, Esq. ' in g one another ; for the Phoebe , about ten m Arrived his Majesty's ships VOLAGE and GOEGONDevon—James Hay, of Collypri,st, Esq • , :it Wil lam Boole, of fier we had begun, came up under her stern ; and! • shut°, But. • and.hir John Rogers of Blatchford , B rt from the Downs • AItET , , }RSA from Plymouth ; NaPI It- inures Donct -Thom ' as Hurlock Butard,./;:f Charkon 5.4 a • Marshall, Esq.: having raked her, passed on between the enemy's asses and Maceettet. fora Newfoundland ; Vetioetat ships; the Racehorse being under our lee, was not. 1 Francis William Schuyler, of Wooltand, I. sq ; and John Hi r ben ilrawne, of Weymouth, Esq. - and VENERABLE from a cruize. The outward-bound of the smallest use—she set fire to our mainsail by , r Essex—Sir Robert Wlgram, of Waltliamstow, Ban.; Richard fleets are still detained by strong gales from W.N.W. firing between our masts. After a very gallant re. John 13rassey, of Greet Ilford, Esq.; and Robert Wilson, of DEAL, NOVEMBER 15. ; I sistance of about half an hour she struck to us; and Woodhouse, Es I. !the Clorincle, the turd ship, shortly after did' the Glocesti.rslaire—Sir Will'am Hicks, of Whitcomb Park, Bart.; • and M 4 -- - ' Wilbm Hunt Print:, of Charitoo Kingb, Esq ; and Dan.iri ' ' Sailed his Maj:sty's ships BEL-LeNfr AONARCH for Chatham. The outward-bound remain. WindW. YARMOUTH, OCTOBER 15. Misted yesterday P. M. the Lord Duncan racket, C ipifin DEANE, with Mails and several passengers, I,em Gotti.nhuegh. The reports by the passengers are as per former arrival.—Arrived the PLOVER sloop of war, and remains in the roads with the ships as per 1 - st. The French prisoners of the Olymphn and De Dunkirk French Privateers, are put on board the DAPHNE and HEARTY, and will sail for the Norc first opportunity.—Wind W. S. W. ENGAGEMENT OFF MADAGASCAR. " His Majesty's ship Aarea, Port Louis, June 2t, 1811. ".1 have the pleasure tl inform you of our arrival )sere, with two French frigates in our possession, alter al% action which was fiught on the 20th of May, . in which the Astrea bore a considerabl.? Jiare, though with less loss th.tn our other ships. We were ]wing by ourselves, quietly mocred ut ,Port Louis, ab'osit the tith of May, when the signal was made from the ights for three French 'gates. All the r, st of our ships were cruizing in different ditectipns : but we immediately warped nut, both wind and tide against Ifs, and got clear of the land that evening ; but it fell era during' - nil and continued so for two days: sum. We immediately sent a boat to take posses- sion of doe fir,t, and having no other that could swim, the Chninde took advantage, and made all sail away from ust . We immediately pursued her, and had an `anxious chace of 'three hours; but finding we could not come up, our rigging, &c. being too much disa bled to make sufficient sail, we were with the greatest regret obliged to give up all hopes of punishing her ' for her perfidy. Having knotted and spliced some of our rigging as well as we sould, we returned to find the Galatea and prize ; and at day-light we saw the prize, who bore down - to us, and the Galatea and Nereide to windward ass, but they did not seem inclined to annoy each other. On communicating with la Renommes, we found that she had nearly 1013 killed and wounded, amongst them the Commo dore ; he had been wounded before, and would not quit his quarters, when a second completed his busi ness. Our Lieutenant says he never witnessed such a scene as on first going on board her • the decks were strewed with dead. La Nrrcide suffered more, she had 130 killed and wounded ; her Captain also was killed. Of la Clorinde's loss I can say nothing, but believe it was not near so great as the other.— They had all sworn to go to the bottom rather than strike; but this is French boasting. They ,certainly behaved to admiration ; and it is a consolation to I. think we had an enemy worthy of us. It is most •_ • -.•_ _!inn - - Nib' etc, of Haresfiell, Esq. - • Herefordshire—Sir Hungerford Hoskins ' of Harewood, Bart.; Thomas Jay, of Derndal, Esq.; and PL.:Lard _trkwright, of Hampton Court, Esq. Hertfordshire—John Currie, of Essenden, Esq ; John EarmTim mins' of Aldenham, Esq.; and Nic'uolas Stager Parry, of Had lam End, Esq. Lent—John Wells, of Beckley, Esq.; the lion. John Wingfield Stratford, of Addlngtontlace ; and James Wildman, of Chil -1 ham Castle, Esq. Leicestershire—Robert Haynes , of Great Glenn, Esq.; John Clarke, of 'CV igs:ori Magna, .1141.; and Richard Cli.stra, of Langley, Esq. Lincolush.re—e.:eorge Lister, of Griaby, Esq.; Robert Vyner, of ' Gaaltby, Esq.; and %Vni. Ealivard koralloe. of ktilry , Monmouthshire—Charles Lewis, of Or. ; Jr.:4 Elam mond Prichard, a cacricon, aad Robert Jobe.. Allard Kemys, of Malpas, Esq. • Norfolk—John 'fluster Hales, of liardingliam, Esq. ; Thomas. French Berney, or Beacon Ash, Esq.; and bibisnatirtil.trabord Soutbwell, of Wrexham, Esq. Northampton chire—Peter Deny of Easton Nestor ' Esq.; George Rush, of Earrhingboe, Esq.; berneh liodliehi , of No, on, Esq. Northumberland—John Carr, of Hedged y, Esq ; Bee ram Mul ford; of MitfordCasdr, h4.J. ; and Ralph Bees, ut Mdbourne Hall, Esq. , Nottis:thani.hire—Hugh llTaydrs, of Rardiy Halt,.Esq Jahn Need, of ' ewood Half Esq.; John li.rrk, of itetiord, ksq Oxfordshire—Francis Sackville LloydWhe.te, of Glymp on Park, Esq.; William Wilson, of NedierWoitun, Esq.; and Thomas Darby Coventry, of lienky. Rutland'—Gerard Noel Noel, of Exton, Esq. ; Stafford O'Brien of Glaisten, Esq. and George Fludyer, of ALton, Esq. - "'•lliani Owen, of Woodhouse, Esq. ; :1r Corbet • Hall, Bart. and Rich ard Lister, of Rows the night, ..ays after which we fell in with our frigates, the Phcebe "alat- wonderful to think, that, from the first beginning to the end, which was seven hours, during which time _ _ _ had only • atbst, of Adderley ton, Esq. Somersetshire--Jobn Htbert Hunt. -I, - and G. ..Ltea, who informed us they had seen the enemy the evening before, but had not ventured to attack them, their force being too superior, each fri gate having as Many soldiers on bovd as they could stow; and Captain Losack of the Galatea, informed us he saw the enemy bear up that evening, about two hours before. We set.every stitch in seal ch of them. After rtmnilr; fix three hours, at the rate of ten knots, .without seeing any thing of them, we concluded Captain Losack must have been deceived ; and, ac cordingly, we hauled our wind, and beat up again to the Isle of France, where . we continued cruiz:ng till the 15th, in bores they would return, not think ing they hid intelligence of the Island being i' ' , ur possession. On ,the 15th, however, we deli.. to explore the coast of Madagascar, knovNtg the enemy were in great want of water, &c. ; and'; ama save being the rearest place, we wade all possible sail for it, with the following .squadron, (we being Commodtxe) AFtrea, Pleb; Galatea, and Race horse, (brig). On the night - of the 19th, being off the coast, we distinguished several lights, which raised our hopes, they before being very languid ; and at day-light, on the morn; of the 20th, to our - of Compton Paunckfoot, William Vaughan, of Munktun Combr, Esq. and Prior. s .Ed. wards Whateiry, of Winscum, Esq. Stalkadshire--Wilter Oneyd, of Keet, Esq ; lohn Pinion Boughey, of Aqualate, Esq. ; and 'llamas Muttrrahaw, si bikkiaorr house, Esq. Southampton, County of—Thomas Thieletbwaite, of Southwtrk, Eirq. ; George Eyrr, of Branshaw, Esq. and Prectrid Levi* 01 Lymington, Esq. Suffolk—Bacluinl &RA:ne, of Melford, Esq.; * Grottos Wrnyeve, of Brettenharn, Esq.; and Sir Thomas Chary Cullum, of kury Sc: • v-, Edmunds, bac. Sturi7—Thomas :itarling Benson, of Champion Lerfge, Esq.; Henry Etidges;ol Ewalt, Esq..;Jsun. oiSSresthisai Big - Amex—George Francis Tyson,of t sq.; t I,ornaa Peck , ham Pki, ps, of Compton, Esq.; Edward Mapper, of !fold, Esq. Wa:wicksilirc—Charles Gregory NVade, of Warwick, Es 1.; Wil lam Moody, ut Beaudeser, , Esq. ; and Samuel Pract., of Id &ate, Esq. Wil s — air Wiliam Pierce Ash. A'Court, of Heytesknry, Bait.; William Fowle, ot c/ute, Eaq.; and William Wyndham, or Dinton, Esq. Worcistershlre—John Baker, of Wasrley, Esq ; Henry Guest, of Bordesley Park, Esq.; giclia!'d ot Wick, hail. Yorkshire—George 05baldestun, of Hutton Bushed, k sq.; Sir Francis Lind!. y Wood, of kik mswortla, cart.; and Sir 'looms: biingsby, of Scr leen lark, Bart. we renewed the attack four times, we _ two men killed, and 14 or 15 wounded, entirely owing to their elevating their guns too much, and our tak ing great pains in manoeuvring our sails. I counted next morning nearly 100 shot-holes through our foresail ; these, you know, must have passed pretty close over my head. We had not a running rope left whole, and only two shrouds that were not shot away. We had five union jacks suspended in diffe rent places, which were all knocked down. The Phoebe lost more than we ; she had about 24 killed and wounded,; one midshipman was killed on board of her. The Galatea, as I said before, had nothing to do with the night fight ; she lost her topmasts be fore dark, and 10 killed and 45 wo..mded. Had not the Phoebe taken pin of the fire off her in the calm, she would have been sunk in ten minutes ; she got two boats out to tow her head sound, in one of which every man was kiltled by a shower of grape. My quarters, the forecastle, or slaughter-house, was on fire several times, but was put out before it had time to do much damage. Had the Frenchmen depressed their guns an inch more, they would have cut every • excel. foot„F'sq 4410 _ling _ _ grea, sitbfa,ction, we s:iw the three frigoes a long way to windward, (FOul Point being in &gilt). You may w.ll snprinse with what eagerness we cleared our ship far action; in ten ;minutes nothing was to be seen fore and aft, but the dais, lunges, &c.—shot of every wan &if our upper deck. Their shot were in _ lent direction, none passing either a head or astern, only a few feet too high. 1 did not recover my hear ing for a week eiter. Some of our men were corn. pletely deaf the next day. The Renommee fired that day between 2 *nd,Sooo cartrids, another - has The Duke o! Sussex, , experienced se , • rious rtlapse of his asthmatic disorder. We are sorry to learn that Mr. Justke Lawarscs continues dangt r. usly ill. The new system of representing elementarY..bodies, of - _ _ - apt deaciiption o , , the men all stripped, and glowing wish Throughout the whole affait, our men behaved by means refracting the primary rays of light, impatience for the attack; and only regretting the w i t h the greatest coolness ; some of our raw hands through transparent mediums, as practised at the tome we must be in catching the enemy. We began were rather frightened at first— they stood gaping Naumachia, in Prince's -street, produces effects so a Icing chase I how often did we wish the Racehorse oath their mouths open like so many statues ; but nearl y assim'lating to those of nature, in representing . away, as she gave us a superiority cf force I Though they were soon put to rights by the force of example. aerial or More dense fluids, and the opaque bodies we salled mhch better than the French frigates, the I The two days we were employed in r e c ur- which are represented as floating on the surlaces, ac chase centinmd for fen hours. My quarters are on iag the prisoners f o ll ow i ng and 'putting oar rigging in order, . .. quire f uch a solidity of relief and reality of appear- 1 the forecastle, where I have the command ; and II to in quest of the other ships. The prize and ance, as almos t to vie with the e ff ects of nature. have as fine a set of lellaws under me as I could wish. 1 c . , 'artea set. o ff for the Isle of France. We liavirg Wednesday Stephen litcodret4 alias William Knight, Another midiihjeunnaa and the boatswain were there ise many prisoners on board, arid having sent some the deserter from the 23d Light Dragoous, was fully also • Every titre oar ships crossed each other in iof our men in tee prize, found it necessary to keep committed to Rochester goal, on a charge of mur taiking, we gave each other three cheers. In the I our men constantly armed; all the idlers, doctor, dering Mr. Swinnock at alittster Mills, near Rams afternoon W.: had very h. avy ram, which ant oyed 1 purser,. &c. were obliged to keep wateh in like man- gate, as repeatedly stated in this Paper—Clifford, h a us extremely ; and at length, a quarter before four, i nee . As we were in continual expectation of falling accomp ice in this atrocity , h as n ot yet been discoat red. 1 there being very . little wind, the Astrea being the .in with the railer ships, our quarters were kept con-' At a Court of Burghmote of Canterbury, held on headmost ship of our squadron, the enemy crossug scantly clear, and we were every moment expecting Tuesday last, it was resolved to connibute tha sum na on the other tack, the middle ship of their line ano th er fi g ht. On the Saturday following, the Race- o f ~ GO in order to provide clothing for the Canter opened her broadside oponuc, which was immediate-, , b oese .b r i„ z ht-shore, made signal that the Nerside bury volunteer inh:ntry, which was followed up by lit , seconded by the sternmosti for whom we had re- ! was lying in Tamatave with her topmasts down. As individual subscriptions from all the members of the Served our lire, she bcing the ttrgest, and also as we iit i s on e o f the most dangerousplaces in the world, was Court that were present. should fetch nearer to her; and this put us in some I under the protection of a battery, and moored right On Tuesday moining, the body of a rung lady, confusion, as we made certain we should be the oar- : across the entrance, and we had no pilot on board, we ver elegantly dressed, was picked up at the Devil's gottsorso We, however, soon returned it on tile i scot in a flag of truce, to summon them to surrender. pp ot,r t, t' Paym nth. She was soon after owned by her sternmoat (the black ship, she being painted so); aed i This they agreed to do, no condition they should not sister, and p a roved to be a young lady who was miseed the Plicehe and ealatea coming up, began upon the Ib e t r e a t e d as prisoners of war, and should be sent to f rom the B bean, at Piymoitth, on Sunday week, ships that had passed its. . The first shot that struck F ra nce. With these we were obliged to comply, as f rom which pla ce r it is supposed she fell over. us took a marina's thigh off at my quarters ; it was they could have raked us at pleasure coming in, and A fisherman was lately drowned at St. Mawes, the only part cf the ship whete the men suffered, fur we well knew the consequences had we unluckily Cornwall, by overloading his boat with oysters. ' two were killed there, 'and six or seven wounded ; ot, on shore on that dangerous reef ;we also kne w lad we had only those two killed, and twelve or that they were determined, after all, to blow the ship ' Thursday se'ranight a party of sailors, belonging to fourteen wounded, altogether. The wind continually up, as they had traius laid for that purpose. Mon- a large foreign ship detained at Belfast, having been aiecrea.iog ;titer we bad pureed them, we could not d a y morning, the day week after the action, having on shore at the Whitehouse, f o r recreation; on at tsta i t..is was not for long. We got cur head round, procure d a p i lot, we anchored and took possession of tempting to return to the ship. the weather was so and re-conmonced on the back ships the Xacchorse t h e N ere id s . N ever was a ship much more cut up. boisterous that the boat c+-aid scarcely be got off with was entirely oat of it. Our friends had each his op- H er s ides are completely bored, and her masts and safety ; one of the sailors, a fo r eigne r , then junipea out of the boat, the water not being above nis mid ponent; and - many awn; who have b.en in action ale s with intent to return to shore. His comrades rigging cut to patces, • so that we were obliged to several tintess say, they neap - saw a pont better con- ' jury-rig expostulated with him to accompany them to the lier. The Frenchmen belonging to her we tested, or shoat . fly airech thicker : an unloc ky shot sent to the Isle of France in two brigs we pressed for tune ion the forecastle, completely disabled ore of I tlat purpose. We immediately sent Calf our,,men ship, and evenlaid hold of his jacket to detain him ; he, however, unhappily petsisted in his resolu ion t o ' the guns, killed two then, and wounded' five. After, to rut her in order to proceed far the Isle of France. return,.. and forced himself out of their hands, leaving,' battering at theni fdr ' some time, we again fell off, This took us a week ; after which the Astrea, Phoebe, and lay useless; at which time the Pluebe and Galatea and Nereide sailed for this place. Of all the, places . Ins jacket behind in the struggle. The boat then left were greatly damaged, it bring a dead calm and I have seen in my travels, Tamatave is the worst* a him, and returned to the gap ; nothing mo t e was having the whole three uponthent, and the Galatea never had a dry thread on my back.—Directly the heard of the unfortunate young ma n u nti l the next could not get a single gun to bear but across the news arrived •of the Clorinde having escape th e morning, when he was found drowned. An kquest bows of our old antagonist, the black slap, and raked P res id en t sailed in. quest of her. I hop* 40,44 ..... h ave was held on the body , and a area y. &sad of -Acci . Vl' er"tual l 7. She couU "- al/ fir: a few guns nor the luck to fall in with her: l (Natal Death. • • • • _ . . . - .. ... _ - • "Ir — •"''' • _ ,- • . . . - ie 4/Kra. • - the " tittle between 'Dyke/ n'i kill' , 1 ,04 toned in the STAR, cf Thursday, proves t , have been I • a Aiwa—palmed tip:m tit by A letter from rortsetuathe There was no occurrence of the kind. , . . , LAW INTELLIGENCE, ' ' 1 : •'' • . ... ..........-......- . OM= OF KING'S BErCH. NOV, is. • • noarursim V. itasticroa: This case was called on for special argument. ft was an action of ainiottuit upon two pol Lies 4 f in.: 'surance fr im Corunna to London,- on the slip, •11.11. .. vage-charges &c. in which the Jury, at the Loud, i s Sittings after last Trinity Tkrra, had found a verdict for the Plaintiff's, subje.cito the opinion of the Ci Puri oft . , la c ise. bir.TADDY argned'on behalf of the Plairitiff; • ' ' lin support c f the vefdict ; and Mr. Rico t ilosox contra. 1, 111i.T Anny was stopped by the Court in reply, as they were with him; and Lord ELLesnotiouott, in deliver ing their opinion. lai I open the into ninent circurz. • stances .f the cm'. The question was, whether is PlaLitiffs had an insurable inWresq and Lord Et.- LENBIROUOII said, th it to a person ni.accustomed to oh'. serve the °pica fur; t, which the Court was in the hibit of handling, it would seem the strangest proposition in ' the world to conteni that th's was a gambling put, l'cy ; for to say, that the prcsi.nt Pla miffs had not NI insurable iaie esr, was tuiteur mire nor leas th .n to s.ay the:• were ganiblevs The P 1 .intilts were rte osawrs of the ship R. ss ; Messrs, Foster, Kidd, ar d Waring, bang owners if the ,hip Atlantic ; and . : tun ships wir2 con:pinions in misfortune s having ' bt,el captured ty a Sp :Wish priva e. r. Ihe assure d were immediate paid by the Under*r;ters fir the Ad intic Rs for a total loss; but that circumstance lid not preclude the assures! In m 'using the means of litigating the captiice, and of obtaining i.s re tifution. The assured of these two ships addressed ..heirselves accordingly to !sir. Cowan, their agent, at C nuilmt; oh ectinghim s by mutual powers of attorney, o 1 rocure the res:oration of thf ships, and protect an I :',sward them to London 'l'lA st ip A tlailtiz, and part ... of her cargo, were restored; and than it was s. id, that the agent had no authority to instr.o. Toftrcuard to London, meant sfawal4o to forward ; and a ship may be int Tcepte i by the perils of captur..., r r lost by the peids - nt (Lc sets. Tr.e qu2stian, then, was, how can the sliip be effectually fro warded, by guarding against theSe perils? Why, by insurance; and acco rdingly ,Cowan inured. But bi.fofe the Atlantic left the 'port of .Cinunna, such was the uncertain state of that place at, that tinge, that she Sias re-captured. 'Then, in whom was the interest pf - these ships ?• In the mi.; _-1 ginal owners, who had by a hritchpot agreement, . vested Cowan wilt an authority to procure their re storation; and Cowan had an interest in them for his espences, and the plaintiffs bad accepted hills on them; brides' the paramount interest they had as owners of one sh:p. Having - those complicated kite. lens, they were also the consignees of the ship from Cowan; and, could -it be contended that they had no nsurable interest? Lord Eli thorough had thought, , that as one of the defendants was the very person who had paid the total loss on the Atlantic, it would have been cont nded, that, as against,liim, the plain- . lags could not recovtr ; and certainly-the ori g inal ndens titer might recover aga'nst the Illaintiffs, in ass, naravAment of the complicit d interests of this insu rance in, die Court of Chancery. The present plain- 1 ifs had thus an interest in three characters.- by vir tue of the agreement by which the ships were itrmitei ,together, as the expression was; as the re:priseittative of Cowan ; and in respect t f one of the defendants laimself, w th whom the plaintiff would have to ac- 4ount for the rri;port'on of the o.tal,loss paid on the first policy. The whole Court were therefore of opi nion, that the plaintiff was entitled to recover for the total loan; and that the verJct should stand as it did.. Pottea to at plaint if. TIN ZINO st.llo/3ERT W3ol'. Mr. SCARLETT moved for a rule to spew cause why a criminal iiif irmation shouldnot be flied igainst Mr. Robert Font of Charlton Placein the county of Kent, for:provoking Mr. Timothy Brent, of 'Old Burling tun-street, to a challenge. Mr. Scarlett moved tins upon a long affidavit, which stated in full the whole connect', on between the parties, which.it seems, began in the prosecutor's fattier putting the defendant to school, and laying him under many peconiary and other obligations ; and was followed up by the pro secutor'l advancing him money to purchase a com mission, which the defendant refused to refund, and .pleaded infancy against the recovery at law but I Lord EtteNtionouttit said, that criminal informa tions were not to be granted because a man had viola ted all the charities of life; and advised the Learned Counsel to curtail his affidavit till he came to the material wort of it, by saying, that, by divers circum stances,- the prosecutor had' reason to believe the de fendant 'sought an opportunity to affront hith, bring ,ino, it at once to the iime and place of the affront otherwise (as Mr. Justice Le Bianc observed) the defendant must go into the reasons why he pleaded I mtoncy, tat:. Mr. SCARLETT then proceeded to state the particular 'insult upon which this application was founded, which took place on the 24th of June last. The defendant had frequently hef ire, when he met tae prosecutor, shaken his cane (Wee 114 head, thrust his clbaw in his face, . &c. all . which insults the prosecutor affected not to - notce ; but on that day, the prosecutor Was passing . through-Bond -street, and observing the defefidant at a distance, ace ;ht to avoid him by making a circuit, 'but the defendant prevented this, and ac:nally struck him so violent a blow on the face, as to cut his lip against his teeth. The prosecutor, irritated at this, struck the defendant with his cane ; and the two cow- panious with wham the defendant was walking then interfered.; but the defendant said, ". By G —D, Sir, you must tr.ect Me: name your time and place.' The prosecutor having recovered himself, proposed to the defendant and his companions to repair to his house iu Old Burlington.street, in order to explain to those/lea dsmen the nature of his connection Kith ihedcfendant, and in order to avoid any alttrcation in the public street ; but when they had proceeded a little way, the defendant's friends refused to acc om pan y the prosecu tor. 'lt was also sworn that the prosecutor had never provoked the defendant either by word, look, or gesture. Lord Etootosonotou was inclined to grant the rule upon the amended affidavit which had beta suggested) Anti with which stiggesiou Mr. S:arlett p onised Was AtT4tato4orkpliancl. , . • r• •