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

1 • NAUTICAL INTELLIGENCE. MAILS—WIod N. H. 222. DOB I amt. noz. o z Llfboo o o O l lOoumbargh z z Dublin - Watafortl CORE, DECEMBER 3. We have ju& received an account of the cap'tUre of a brig from London, off this port, by a &howler 'privateer. She boarded two Americans coming in ; and fhe has alto taken the fhip Richard, of and from Whitcham, bound here to take convoy for Jamaica ; this velfel was infide Cable ifland, and bad a Cove pilot on board. The name of the brig from London is not known. The Admiral has fent out a frigate in god of them. DICISISII 7. Yelierday Morning the Expedition, under Sir S►xost. Hoots, finally failed from this Harbour. They got under weigh with a fins breeze, and were all out of fight in an hour. PENZANCE, DECEMBER 9. For there two days, the weather has been more itempeftuous than for a long time pall, and has occa- Lasted much damage on this coaft. The Hendra, fofecuntsu ; the Friends, MAYNE ; and' he Mary, Mance, are totally loft in St. Ives, Bay, with the exception of only one or two men raved from each. A veffel froth Briftol, and two veffels with copper, (one of them from Falmouth) are laid to be totally let in the fame bay ; fcveral others are mitring, but it is poffible they may have reached Scilly. FALMOUTH, DECEMBER 9. Put back the M , rrittown armed brig with part of her convoy for Wales, which failed from hence on the 7th inflant, having been feparated the fame evening in a gale. Sailed the Marlborough packet, Captain BALL, with mails for Barbadoes and Jamaica; alfo the Prince Adolphu? packet, Captain Boustna• sort, with mails for America. Wind N. E. PLYMOUTH, DEC. so. Sailed the SCORPION, of 18 guns; and the &11<r man, of zz guns, on a cruize. PORTSMOUTH, DECEMBER it. Arrived the Winchelfea and Effez EaR Indiamen, and the following outward bound •effels from the towns, viz. the Thomas, Captain ADAMS ; Tevlot, Jortasom ; Jane, —; Lady Penryn, BURGESS ; Laurel, —; Queen, Worms ;' Argus, —; Ecelitre, ; Neptune, ; William, ; Xcho, SHAW, and the Pacific, ASHLY. Sailed his Majefty's alp Surly on a cruize, alfe the Naffau, bit brought to again. It is rf p •rted that two vet fel' cif the convoy from the Dr wits, were feen !leering for France, and were well over, luppored to be cap iured. DEAL, DECEMBER Ir. Remain in the Downs the Princefs of Orange and Trufty men of war ; Clyde fr:gate, Mini and 'tr. :ions gun brigs, Harmony viftualler, and the Spe. eulator lugger. SHEERNESS, bEC. I 1. ' Sailed from the lore this morning the Swediih frigate Freya, with the following veffcls under con ♦oy for the Baltic, viz. the Margaretha, Latin; Tri ton, Turnwick ; Apollo, Petetfon ; Anvil, Peter fon i and Rofen, Palinqueft.—Wind W. HARWICH, DEC.zz. Arrived this day, the Lady Nep r ean packet,.Capt. THOIdAS LIVING, from Gottenburigh in nine days ; brings no particular news. The Lady Nepean . was chafed yefierday by a large lugger privateer, off Southwold, which came In near the Store as to be ken by feveral people from this place. A fleet of So vet Tels failed from Gottenburgh with Captain I..tvit46, but fun after feparated in a gale, and he Ence fell in with the convoy, having only eight fail in company. one of the (hips retaken at Heligoland was called Ci:e Britannia of Newealllt. While Capt. lIKIDCI was at Cuxhaven, the American (hip Two friends, Capt. LIVINGSTON, in coming down the river from Glucklladt (in balkil, botind to Charlet'. ton), was fired at by the batteries at Cuxhaven, and detained and taken into the pier. The ARIADNti Ina int in a Ruffian chip with hemp and iron, bound to London. The Havoc a gun brig has alto fent in a Ruffian hoy—have not yet learned their names. The Lath, Captain MILL, from Gottenburgh, with the tails, is hill detained by contrary winds. Remain as per lilt.—Wind , FROM LLOYD'S LIST. GIAVISIND, Dec !I. —Puffed by the Romp, Chew, and the Deltic Mcrcbant, --, from Peterlburgh. Sailed the Anfon, Goodwin, for Gibraltar ; and the Harvey, Harvey, for Tobago. Extra& of I Letter received by the Maid of the Mill, from Newfoundland, an ivied at Pert Glalguw, 5111 inaant " Bay of Built. Neerfoondland,NOV. "MAR STR••••Sinte writing you this day. a boat has pnt in here from Ferryland, with the furvivor. frog. the wreck of the uttfor• tunate brig Rambler, of Leith, which was :walk loft nefir Cape Broyle on the night of tbc 29tb ult. The followin is a lilt of the perfons faved—.Adam Ihyfdale. ftcoml Mate ; M•lCiy, feaman; William Cathin, John Mortal and James nil L.A. prre ti ilea; James Campbell, James M Kay, and Jean Gum, pafr,n Sem It would appear that 138 perfut.s were drowned. " I am, &c. " A. M." Moft happily for the family of Mr. S. Hammaw, 'oho were all in deep dilitels, :)is fon, luppored io be loft on board the Boreas frigate, has been taken up at fea in a fmall boat, whiet he and another young officer, with two (cameo, had taken pclfellion of, a, the intlant the Boreas was going to the bottom. • Yeflerday afternoon a refpdlable butcher, who tel in Whiteclivel, w3i tothd by an it i hated bullock in Smithfield, nearly as high as a two pair of Hairs window, by which ciiclinsflanee one of his thighs and Come of his ribs %vete hrrken. He was I taken to St. Jaartholomew's Hofpital. . ,• •. . , I • . nertiris . ip czmo 6:trns MEW. IMMINMED;MiIII• Mr. &Ales Ur& in Gofwell fireet, was yefter• day opened for the rxhibitipn of the Cat t le, Sheep. and Pigs tent ht-by Candidates for the Prites offered for the belt fed. animals. .4 In the early plot of the day, a great number of 1 1 Graziers, Salem= and Butchers, principally of thole whofe bufinefs has required their attendance in Smith. field Market, attended and examined the animals exhibited ; and in the cootie of the day a large con. courfe of amateurs lathe .ufeful arts of breeding and fattening of cattle attended the yard. The animals had each , * label affixed it its bead, Rating the name of the nwner, and other particulars. The Prizes were adjudged as follows : Twenty Ontneas to Mr W. Fliirrers, for a remarkably hoe dark Herefordaire Ox; with thii.dditional prize of so guineas, u being, in the opinion of the 'Ages of the mew. the belt Ox thews this year, above thevtr i ... g ht of too Rose. Twenty Guineas to Mr S. Chandler, for his French and Devon Ox,got by a French bull of Mr T. Crooks. Ten Guineas to Mr & Chanel/cr, for a black Scotch Highland Ox. Ten Guineas to Mr G. Matti, for his three one year old new Leiceftcr i vreather fheep. • , Ten Guineas to the Rev. T. Platen, for his three two year old new Leieefter weather (beep. Ten Guineas to Mr H. King, jun.Yor Ms three one year old South Down wether (beep. Ten Guineas to his Gram the Duke of Bedford. for his three two year old South Down weather !peep, bred sod fed on his Mad den Farm. Ten Guineas to Mr J. Roads, for his black and white ilerklaire Pig, Is months old, which he fed on ikimmed milk, with the addition of only 4 bulhels of barley meal. Ten Guineas to Mr W. Slow, for his black and white High Suf. folk bred pig, only 9 mouths old. A confiderable number of excellent animals, of different kinds, betides the above, were exhibited. Thomas Pickford, Efq. of Market tirset, Hens, thew ed fume remarkably fine Swedith mtnips, and others of the white Norfolk round, and of the tankard fort, bought as provender fcr his (beep : at the defire of the company, one of each of the two hit forts were feleOed and weighed, and were found equal to both. Boz, and :91b. 140 z. refpeaively ! At four o'clock the principal Members of the Clnb left the thew yard, and affembled at a meeting it the Freemafons' Tavern ; hit Grate tht Duke of Bedford in the Chair. There were prefent— Lord Wallahs Raki, Lord Somerville, Robert Efq. Charles Gordon Gray, Monty Hill. Richard ARley,Thoinas Barker, W. F. Burton. Thomas Cobb, Paul GUlet, Hush Hoare, jun. Jofeph Hodkinfon, Robert Honeybourn, Henry Kill, jun. Rev. Thomas Plalicet, Samuel Stone,Nathaniel Stubbing, Robert Tubs, Edmund T. Waters, Wm. F. Woodgute, &c. The award of the judg es refpedling the prizes, as above, was read and con firmed. The following new Members were elated, viz. %Mikis' Coles, Efq. Robert Clark Paul, Efq. Charles R. H. Balky, Jorhua rummer, Benjamin Gray,jun. William M. Scion, William Flowers, John Wing, Efq. Gilbert Maltby, and Tbonsas Mercer. ----- After other bulibef. had been tranfailed, about 4o Gentlemen fat down t. , an excellent Dinner, the Duke of Bedford in the Chair. After the cloth was with drawn. his Grace gave- - --- The IClng—The fbeen and Royal Family—Profiterity to the Smithfield Club—Tie Plough—Snceefa to Good Grazing— The Memory of Bakewell—The Duke of Noefolk—SinaU in Size, and Great in Value—Sir Jofeph &Av.—A Floe Fleece and a Fat Carcafe. On Wedrefday, the ad indent, as Jest's Oak', farmer, in Mofgiel, in the parifh of Mauchline, was leading his horfe and cart along the Bridgehoufe Bridge, between Kilmarnock and Mauchrine-, he was met abcut the centre of the bridge by another horfe and cart, when the whetl of the two carts entangled, and Oaa's horfe taking fright, leaped over the pa . rapet (a height of 3o feet above the lream) with the cart, on which Oaa's wife was riding. Moll provi dentially the woman eicaped without any perfohal burt ; ',or were the horfe and cart in the kill in- Tured. Mr. James Bealey, the fon of a Lady of that name, who 'elides in Baker ftreet. being on 'Dwarfs., near Clonbrook, and taking a ride, his horfe took fright, as it was fupp*fed, at the jingling of Come fheep bells, and Making a plunge on to the of path, flipped up with the greateft violence and rolled over. Mr. Bealey clung to the fiddle, and he was Co dreadftilly hurt, that he furvived but a (bolt time. His rhath was oecafioaed by a violent bruife on the fide of the bead. On Saturday fe'nnight, II melancholy accident happened at New Miller Dam, near Wakefield.— Mr. ttoberts, jun. of the former place. went into the houfe of Mr. Illingwor th, and, (eating himfelf with his gun loaded acrofs his 'Crites, one cf the children began to play with it, when by Tome means it went off, and, (hocking to relate, the contents were lodged in the body of a tine boy about four years old, who cliid in confequence thereof, almoß immediately. Itroltarr.—Yellerday a Coroner's Inquell fat at Ponder's Gate, hear Stanmore, on the body of James Richman Davis. The dcceafed, who was an artifl, refided near the turnpike at Paddington, and had been to a houfe near Watford, in a fingle houfe chaife, accompanied by his niece, a girl about 16 years old ; and on their return in the afternoon, it being dark, and the ditches filled with (now on a level with the road, Sir. Davis drove out of the honk. track, to the fide of the road, when the off wheel got into a ditch 5 feet deep. The girl was preci• pitted into the hedge unhurt—but the fall of the chsife was fo fudden, that the driver was thrown into the ditch with the vehicle upon him, and was killed by the fall —Verdid—Accidental Death. Yefierday an tonna was held on the body of a labutie, who, while digging a well at Glafshoufe Wharf, Ratcliff, was killed by the fall cf a pile of 1)7 icks.—Verdi—Accidental Death. Wedr.efday an inquelt was held on the body of Mr. Lockey, Quarter Mailer of the Royal Hotfe Guards ( 15'u:), whom we lately (listed to have died fuddenly in Windfor Theatre. It appeased that at the dole of the farce he was feized with a fit, conti• need in a convulfive Rate for near an hour, and then expired. Verdie—Died by the Vifitation of Cod. In confequence of this awful event, the Managers clofed the Theatre for two nights. The deceafed, we undertland, was on the point of marriage with a young lady of confiderable fen tune at Windfor. W. Hawkefwood, who flan& chatgedon the Co• roner's Inquelt with poifoning Mr. Packer, of Swin don, in Stalfordlhire, his matter, is apprehended: he had entered on hoard the tender at Brian'. and was dircovetel by his pctfon correlponding with the de fcription given in advertiferneuts in the diffcrist Newfpaplis. LAW INTELLIGENCE. ADMIRALTY COURT, DOCTORS' COMMONL FRIDAY, DlCallatit I f. This day, the Right Hon. Sir WlLLtatt SccrrY proceeded to the adjudication of the following cafes: Kinders Kinder, Laufens Matter.—A question of joint capture.—lt appeared that this veifel, under Ruffian colours, laden with a cargo of hemp, bound on a voyage from Riga to Badicourt, was captured on the aoth of December 1803, by his Majefly's Chip of war l'Aigle, and fent into Plymouth, where the ufual proceedings were commenced againft the (hip and cargo, and they were finally condemned as good and lawful prize to the captor in the High Court of Admiralty. It further appeared, that about a year and a half afterwards, his Majefty's (hip of war De fiance fet up a claim of joint intereft, alledging, that l'Aigle was under the direetions of the Defiance, that thefe two (hips were affociating together, and employed under the orders of Admiral Cornwallis, in blockading and watching the enemy off the light hook of Chafferon on the coast of France, and the entraoce of the harbour of Rochefort, and that the capture was made during Inch employment. It was ' contended on the part of the Defiance, that thefe two velrels, the Defiance and l'Aigle, were engaged in one common enterprize, bur, independent of that, it was contended, that the Defiance was in fight of the prize and l'Aigle at the fame period of the day the 'capture took place. In this cafe the Court had the Alliance of Trinity Mailers, and obferved, in delive ring its opinion, that in all cafes of joint capture, the onus pro bate& lay upon the party aliening a joint inte. telt ; it lamented, that in thefe kind of cafes, the pro per evidence was not produced, namely, witneffes belonging to the captured (hip, who could have no bias on their minds ; but the Court had generally to determine thefe cafes on the tellimony of releafing witneffes on one fide act the other, and the logs and journals of the Paid Blips, which evidence was forte times defective. The Court, after making fome other obfervationt, having the Alliance of the Tri nity Mailers (who were of opinicin that the prize, from the logs, charts, and journals, could not have been in fight of the Defiance at the time of capture) pro nounced that the Defiance had not eftablifhed her joint intetea, but gave no colts. The Two Friends, Williams mafter.—ln this cafe the Court rejefted the claimant's prayer for colts and damages. COURT OF KING'S BENCH, I)EC. no. CHAMPION AND KIRBY V. CIO. SHOAT. The Plaintiffs are wholefale grocers in Mincing lane, the Defendant is a retail grocer at Salilbury. The aelon was fur goods fold and delivered, to which thb plea was, that the Defendant was not liable, ex cepting as to t Is. 9d. of which he had made a tender. The tender was admitted. After the ATTORN sr GINERAL had been heard on the part of the Plaintiffs, and Mr. Gaititow for the Defendant, and the witneffes had been called on both fides, Lord ELLENBOROUGH Paid, that this was an anion brought by the Plaintiffs, to compel - the Defendant to pay the price of two hogfheads of fugar, and of one theft of prunes, amounting, with cartage and other expences, to nil t as. tod. It was Rated for the Defendant, that the order given was for a va riety of anklet, and that he was entitled, therefore, either to have the whole executed, or to rejea at his pleafure any partial execution. By the tender of is. 9d. for the French plumbs, he had admitted that the contra& need not be executed in profs, but that each part of the order might be fulfilled fepa• rately. The queftion then would be, whether that part of the order which refpefted the 'foist and prunes was executed under loch circutnlitances that the Defendant ought to pay for them. Here a lam pie of the fugar Was produced ' • but in all cafes loch produftions did not imply that the article fold was to be identically the parcel from which the (ample was taken; fometimes it only meant, that the quality fhould be equal to fuch (ample. It teemed to be evident here, that the (ample was not drawn from the identical fugars fent to the Defendant for the execution of the order. if the Jury were fatisfied as to this particular, the next enquiry was, whether an order reteiv-cl on the 9th of May, was completed with fufficient expedition on the toll of the fame m )11 b, or whether the delay was a fufficient ground to 'chit the payment t—Verdiet for the Plaintiffs, I it. 125. JOHN POOL! V. CEO. NOUSTIELD. This was an anion on a bill of exchange, dated the 13th of November, 1802, drawn by a Mr. Mould and accepted by the Defendant, to the amount of 1041. B►. The Defccdant pleaded that be was not liable. Mr. CARLOW Paid, that he was furprifed that Mr. Bousfield, who was an attorney of this Court, fhould attempt to make Any defence to the anion. The Plaintiff was formerly in trade, but had retired. Mr. Mould, a relation of his, was clerk in the office of the Defendant, and drew the bill. The Plaintiff, who had money to employ, thought kimfelf happy in having a s profeffional gentleman who could difpole of it for him to advantage, and no doubt his pecu niary concerts were fkilfully managed, although it did fo happen that they were not faccefsfully eon dated. The Defendant was now to fay, that he had not received all the money for this acceptance, but it was to be admitted, that he had received 301. to wards it. He fhould have thought that this Defen dant was a better lawyer than to make fuch a de fence, fat an acceptor bound himfelf to pay a bill to which he had applied his name, if he had not re• ceived a fhilling upon it. The bill having been put in, proved and read, The ATTOlttlki Gamllt•L faid, that this hill was liable to fufpicion, as it became due in 1803, and the anion was now to be decided at the clufe of 11107. He fhould put in two agreements, to which the Plaintiff was a party, by which it would be teen that' the Defendant was wholly exonerated. The agreements having been read, it appeared that one objet for which the payment of the bill was difpenied with was ambiguous ; and therefore Mr. Mould, after fame altercation as to the admiffibility of his evidence, was called to explain the tranfanion. This withers Paid, that the pound why payment was difpenfed with was, becanle he (Mould) interfered to _prevent two mr•tions before the Court. Lord Ext.snaortoucit...." Were thole motions to procure an aolwer to tome matters in affidavits ?" Mr. Mould--( 1 They were. my Lord." Lord ELLawanaotron—" That will nnr do•" The payment of pl. haying been admitted, a •. r• diet Wall given for the refidue, adding thcreto elu interell. 31. DECE9IIER U. BOYCII V. BAYLIFFE. The Plaintiff was a tavern keeper at Bombay, the Defendant was the Captain of the Huddart Erin Indiaman. This anion was brought to recover a compenfation in damages for talk imprifooment, during his paffage in the Paid (hip, and further, a fpecial damage of tool. being the extra ezpence he had incurred in leaving the Chip at St. Helena, and entering as paffenger on board another veffel. Mr. Gartatrar;for the Plaintiff, Gid, that his client had paled ttrilwial* various (imam; in the army, until he had regalia from the ranks to the refpeaa. Me part of Condu&or of Ordnance. He had after wards engaged in a lucrative occupation at Bombay. This perfon had a daughter of the age of eight years, who he was defirous fhould have the benefit of an European education ; end in order to place her out to advantage, and to afford her his proteaion in her paffrge to Europe, he took a place for her and himfelf on board the Huddart—but the terms on which he engaged did not entitle him to the privi leges of the principal cabin. Notwithtlanding this circumflance, during the early part of the voyage, he was permitted to occupy the poop, and to take his recreation there with the fuperior dicer' and paffengers. The Captain thought fit, without any reafon being aifigned, on a fndden to debar him of thole means of enjoyment. He com?lained, but his remonftrances were ineffeattal ; and therefore, with out any further interference, he contented himfelf in his retirement, and amufed himfelf with the exercife of the paternal duties towards his infant child. No• rice was indeed given him, that the might have the run of the (hip ; but he would not avail himfelf of this permit Eon, that his daughter might not be ex pofed to the pi-omit - coons loony of the crew of an Indiamao, without the protedlion of his fuperinten dance. On the z zth of May Come grange rads hove in fight, and it was thought expedient to make pre parations, either for the purpofe of attack or defence. In this lunation of things every perfon on board bad affigned to him his particular nation, and the Plaintiff was ordered on the poop, for the purpofe of difcharging a dangerous duty, from whence he had been driven as a place of recreation. He refined this order of the Captain, offering at the fame time to fulfil his duty any where elfe ; but his pride would not permit him to join that company, from which, unler loch painful circumnances, he had been excluded. In a moment of ratlines and cruelty, the Defendant ordered that he (hould be put in irons, that with this difgraceful incumbrance he fbould be expofed on the poop; and until eight o'clock the next morning he was continued in fetters. When he came to St. He lena, being incapable of enduring the fociety of thole before whom be had been thus expofed, he took his raffle for England by another veffel ; and for the falfe imprifonment, and fubfequent ezpenceo, by this new means of conveyance, he brought the prefent adieu. The Avroasav Gnu:am. alledged that the ad of the Defendant was necefary for the good difcipline of the (hip, and Rated that the Defendant had in time of danger refufed obedience to the Commander, in prefence of the whole crew, and a part of a regiment which was returning home. Colonel Anderfon, of a Corps of Natives; Mr; Henry Proffer, the ill Mate; Mr. Gordon, the Pin ter of the (hip; Mr. Green, the Surgeon ; Mr. Gra ham, the Midfhipman ; Mr. Setree ' the sd Mate Mr. Henderfon, the 3d Mat e ; a ll fwore, that the Plaintiff was commanded by the Captain to go to the poop, and that he pofitively refuted to go ; and that, in their judgment, the Captain could not pars over the difobedience with( ut punifhment, by way of example, and of fafety to the (hip. Lord ELLinaottotrcts obferved that both parties were here much to blame. Whatever indulgence the Defendant had (hewn towards the Plaintiff during the fir a two months, he was at liberty to withd r aw it. When the Defendant, in the hour of danger, or dered the Plaintiff upon the pocp, he Arnold have thought that a well regulated pride would have taught him to confider that as a poll of honour, and to have left the Captain to his own reflation upon the impropriety and indelicacy of excluding him from that place for air and exercite, which in an hour of peril he affigned to the Plaintiff for the feeurity of the (hip. Upon his difobedience, if it were neceffary to mark his condue, a lefs fevere punifhment might have been inflitaed, and for that over feveriry only, the Jury would give fufficient damages to fupport the liberty of the fubjeet ; but at the fame time not fo extravagantly fevere as to relax the neceffiry vigour of difcipline. With refpea to the tool. expended in coming from St. Helena, that expence was not ne ceffarily incurred, and therefore the Plaintiff could not claim it in an adtion. The Jury, which was a fpecial one, retired, and shortly brought in a verdid for the Plaintiff—Da mages Sol. THE SAME V. DOUGLAS. The defendant was a Major in the army, and a parenger, and as the plaintiff was afcending the lad der to go upon the poop, in the cuflody of two of the crew, the defendant lifted up the but end of a mufket, and Paid " you d—d fcoundrel, you ought to be hanged ;if you !peak a word knock your brains out." As he was going to (trike. his arm was checked by two officers, and the plaintiff replied, that was not a proper time, he thould take notice of his condua afterwards. The ATTORNEY' GENERAL Paid, that although he approved of the verdidt in the laft cafe, this could °Ay be coufidered as the anion of the Attorney to put cults into his own pocket. His Lorcffisip had previoutly recommended a ver did to be taken for nominal damages, having heard the fadts Bated in the lait cafe. He lett the damages, however, to the Jury, who found a verdt for the plaintiff—Damages ♦os. TINIIMPION •• BERNARD. Mr. PARK fisted the cafe to the Jury. Is was an 'aim for words. The Defendant had hid of the Phintlif—m He Is a thief, and fo was his Fad* before him, and I will prove it !" Mr. G.taitow, for the Defendant, contended, that the salon would not Ik. beeaufe did not appear that the Defendant im puted to the Pkintiff any fpecific ad of felony. 'llse Cour jorrielt—" Imputing to a man that he !tole tome particular thing was actionable ; . but scat laying generally—" Hs is a thief r beau* dot was not a fpcclei charge—Plaintiff Nun rutted. Tarns over. on 411 to ter ter old ma Rd