Star. — London, England, 1811-07-27 00:00:00

THE ARMY. The embarkations for Lisbon are proteeding With the greatest diligence at Portsmonth and Plymouth, under these active Officers Sir Room Cons.'s, Sir ROBERT CALDER, and Generals ENGLAND, and Wuz. TIINNI. Several thousand fine fellows are embarked, and pant to join Lord WELLINceroN's army. We are sorry to hear that the adverse winds still continue. General CARTWRIGHT'S fine Regiment, the Third Heavy Dr:goons, have marched from Guildford to Portsmouth, to embark ; and the General goes there to see and take leave of these fine fellows. Those excellent cavalry officers, General VAND6- LEHR and La MERCHANT, have, with their suites, set off to Portsmouth, to ettibark for Portugal. Colonel Byer:, of the Guards, who gets the rank of a Brigadier in Portugal, is at Portsmouth, command ing. the large body of recruits for Lord WELLINGTON'S ttn:y—he has under him Major How, of the Came to..ians, and many fine young officers. We believe that it is now' arranged that a brigade o f the cavalry Household troops be sent out to Lord 'WELLINGTON. We will rejoice to hear of their meeting with the cavalry of BONAPARTE'S Imperial Guards. Only depot squadrons of the Blues, and of each of the regiments o Horse Guards will be left at home, and these three squadrons will, with a regiment of heavy cavalry, have the London duty. That very high.disciplined Regiment, the First So merset Militia, at present stationed in Plymouth-Dock Barracks, and commanded by Colonel Earl PoueLTT, has, with its accustomed zeal and alacrity, volunteered its services to Ireland. During the present week, the South Hants Regi ment if Militia, now quartered in Exeter, having almost volunteered to a man, have been sworn in to proceed to Ireland. Upward of 800 of that fine Regiment, the War wickshire Militia, have volunteered to extend their services to Ireland ; and, on being sworn in, received a bounty of two guineas a man. On 'Tuesday last passed through Oxford on their way t o join the gallant 74th (or Assaye) Regiment, now in. Portugal, 20iJ Volunteers from the Militia, who, from their fine military aitpezrance and disci pline, will, no doubt, prove a great acquisition to that heroic corps, which .so nobly drove the French from the heights they had momentarily gained in the me morable battle of Busaco. About 400 Volunteers in ail have m.trched to join this regiment since Janu ary last. The following is the Address of the Sovereign, kccerder, Burgesses, and Freemen of the Borough of New. Ross, Ireland : "To his Royal Highness Vetoaalcx Duke of You K.G. and K.B. Field -' Marshal and Commander - in-Chief of all his Ma jesty's Forces, &c. &c. &co— " Stlt-1 he s::clent and ever loyal Corporation of New-Ross, though far remote from your Royal Highness's presence, is anxious to mingle its congratulations with those of the Army, and et try cob( .. really patriotic Community in the Realm, on your re-acceptance at the Chief Military Command, a post of autho rity m these times of almost primary importance to the State, and by your skilful exercise of which, in times past, the soldiery of the British Empire, ever illustrious in the annals of war, has acquired additioual, and as even its enemies own, well-earned renown. " 'By your judicious Institutions, under a gracious dispensation of Divisse Paenntieez, and a wise Administration of our na tional resources, has that army not only become tee solitary bul wark of Europe against an unprovoked, unprittepled and sangui nary aggression in an attempt at universal domination, but, bay ing hid defiance to the long-threatened invesioe of its native soil, it has also been able already to rescue from the relentless grasp and merciless sway of the oppressor, one of the enthralled cowl- tried, wilist it has taught the other subjugated and panic•stricken rations, by a eke - bets example, that those.swarmint, legions which have spr. ad devastation, ruin and dismay over the largest and fairest vortical of the c.vibzed world. are, sth..ti eticournertil with eintrage, concord and disci( one, certainly Not" Invincible." " l'rem ti e example and al. , of such an Al my, thus alli ll sated t i fresh achievements and insi-iied with new confidence, the en slaved Continent may now hope for eventual deliverance from its iron b Indage, dit htlit thi. cat ly nteaotre of the Prince Regent's Gov. :it meet, the reappeintment of your Royal Highness to the Chiet ...:oitonand of the Aserty, combining at once an act of jus tice to an outraged individual, a boon of great value to the Bri tith Expire and its allies, and a gratification to tile parental feel ings of our beloved sovereign, ViliOnl Haeve NT long preserve to a grateful people, suppliss in all an omen art no small promise, a }.respect not a little cheerieg. " 1 hat your lioyel Highness may long so command the Na tient Army, and that the Army may ever so triumph under your contniand, is the fervent prayer of " Your Royal Highness', most sievoted, mos: faithful, and obedient servants, " F. ',mon, Sov LI eign. " Countersigned by order, CItAS.'IOTTEN:tXN, " Rem Root's, Town Clark, Recorder, for selves and Corporation." To which Address his ROYAL Moo NE-ss was pleased to return the following se Ansiver " Guards,Hor July 12, ISM " Crwrt.rte EN—I have been favoured by the receipt of the Address :vhlch, as the t. c:peration of New Roes, you were :-.1 obliging :is to onward to me; and I avail meeelf of the earliest • p o t,rtunity to desire your acceptance of ray thanks for the ;Alm taa.ication. lam at the same time to assure you, that I moat I.ioity appreciate those flatteringsenthnents which have dictated Hit expres.ionr o:' yenir approbation upon my recent appointment to the Command of the Army.—l am, Gentlemen, your's, " FREDERICK, Comma nder in Chief." " To the Sovereign, Recorder, Burgesses, and Freemen, of the borough of New Ross." Saturday last, a young man, a soldier in the 25th Reisimeut, was drowned while bathing in the C l y de, pear the place called the lleminie's Hole. A private in the Oxfordshire Regiment of Militia ve:,s unfortunately drowned on Saturday last, while bathing in Carmarthen river. Thursday afternoon a party of the 18th Dragoons hiving gone into the Thames, at Hampton Court, to b s , ke, one of them fell into a hole and was carried fr by the stream ; another plunged after hint, but in hi. endeavour to save his companion was unlortu. eAtely drawn below water, when both were drowned. 'lle bodies were found soon afterwards at - Dition, sAch having fast held of the other, and both bled i:eely at the places where the hook, with which they v err drawn up, had struck them. The process of thv Royal Humane Society was either not sufficiently known, or not lung enough persevered in to eff their restoration to life. The unfortunate sufferers w, re both fine young men, and much respected in the regiment. SODA WATER..--It is with much pleasure we an- I trance, for the information of our Residers, and par ticularly these who are actniiters of this wliulesonie beverage, that ttc Soda Water manufactured by S.. .81.Ez, of Wcils street, Jermyn street, St. James's, is •so pure and well i impregnaed with Carbonic Acid Cis, or Fixed-air , . as to gan the decided preferesice of con noisscas and the first Nobii;ty. NAPAL IN72titOkltta. PLYMOU lit, JULY 28. The DAlent gun•brig sailed this afternoon with two light transports under convoy, for Cork, from whence they will take troops to Lisbor. The SUR. TE ILL ANTE frigate also sailed this afternoon, for Co. runna ; she took three merchant vessels and a trans port under her convoy. The SURVEILLANTE, after seeing her convoy into Corunna, is to cruize on the coast of Spain.—The wind shifted to every point of the compass during the forenoon ; but it has now been several hours at N.N.E.;* if it continues so, the transports, with the reinforcements for Portugal, will sail either this evening, or in the morning. The PEACOCK and TALBOT sloops, and ACIIATES brig are to convoy them. The TALBOT will go out of har bour this evening, and to-morrow morning her crew will be paid, previous to her sailing. PORTSMOUTH, JULY te. Sailed his Majesty's ship HOTSPUR tad BAREAISOZS for off Cherbourgh. The outward•bound still re= main.—Wind Easterly. DEAL, JULY 26. Arrived his Majesty's ship CONQLF.STADOR, ECHO, and LOCUST, from a cruize. The &no takes convoy for Portsmouth.--Wind S. W. The I.ucy, English, from Liverpool to the Mediterranean, re turned to Liverpool on Wednesday, and must unload to remir damages sustained off Milford, on Sunday night The James &Maki, Sir William Pulteuey, *:sl Cambridge, East Indiamen, sailed from Madeira the 6th of Joe. The Ka:. garoo sloop, and a Sect for the West Indies, sailed from dunce the 10th of June. The Sally, Hutchins, from New Brunswick, arrived at Stock holm, spoke, on the alst of June, in tat. 46. SO. long. 50. the Harmony, Gallop, from Liverpool to Newfoundland; and on the following day spoke the Mary, Stephens, from Portsmouth to Quebec, both all well. The Spartan, 44 guns, Captain EDWARLS BRENTON, sailed on Thursday from Portsmouth, with the Ruby store-ship, under convoy for Bermuda. Sir G. COCK BURNE is passenger in the Spartan to Bermuda, of which island he is made Governor. Large quantities of naval stores of every description are destined for Bermuda, where it is intended to form a naval depot and arsvnal. GALLANT Acnow.—The following . are the parti culars of the action between the brig Fortune, of Workington, and a French privateer brig of 1{ guns, and about 120 men, which we briefly noticed in a former Paper :—" The Fortune was attacked on the 15th of April, in about 55 deg. North lat. and 20 deg. Wert long. The action lasted for an hour and twenty minutes. On coming in sight of the Fortune she hoisted English colours, and, on approaching, hailed, and desired Captain Hodgson to send his boat on board ; which he refused, saying, that if they had any business with him they might send t heir boat to him ; whereupon the stranger immediately hoisted French colours, and fired a shot between the For tune's masts, and then gave them a broadside, which was immediately returned by two broad sides. The enemy made three attempts to board. In the first attempt they poured men in all directions, eight of whom got into the Fortune's jolly-boat at her stern, when one of the crew, with great pre sence of mind, drew his knife and cut the fastenings of the boat, which precipitated them into the sea.— Numbers having gained the forecastle, Capt. Hodg son ordered a discharge of musketry,and then charged them with. the bayonet. Those of the boarders who were not killed on the deck, were thrust from the shrouds and chains into the sea. During the engage ment the Fortune's colours were twice shot away, and were at last nailed to the gaff by a young boy, who, while in the act of so doing, became a mark for the enemy ; but he, far from being intimidat ed, called out to them. Fire away you b—s." The enemy had a four-pound swivel and ten men on each top, who kept up an incessant fire on the crew of the Fortune. Her colours and sails are perfect riddles, so numerous are the perforations. Her rig ging and spars were also considerably damaged ; and as her crew were decreasing fast, she would probably have been captured, had she not fortunately shot away the enemy's fore top-mast, at which time the For tune's crew gave three cheers, and the enemy sheered off. Capt. H. gave her a parting broadside, which was not returned, and then lay by to repair the da mage, and to clear the ship for a renewal of the ac ti..n, in case the enemy should think proper to renew ir. But in two hours after the privateer disappeared to leeward; and Capt. H. proceeded on his voyage. Capt. H. speaks in the highest terms of the bravery cf his crew, and of the great assistance he received from his passengers, during the action. The loss un fortunately sustained by the Fortune in the action is as follows :—J. Wilson, J. Dickson, English seamen, Billed ; and A. Oliver, a foreign seaman, also killed ; Mr. A. Greig, of Quebec, a. passenger, wounded in the knee ; Mr. H. Sanderson, of London, also a pas. senger, wounded in the arm ; and three seamen slightly wounded. The third passenger was Mr.Lahee. The Fortune mounts eight guns and two swivels • and the number of persons on board,including her Officers, three passengers, and three boys, amounted to 19.-- The privateer lost, in killed and drowned, between 20 and 30 in boarding ; but the number killed on board of her by shot from the Fortune could aot be ascer tained. Loss of the ship Hercules, Captain CkIASE, of Saco, owned by D. Cutts and A. Stevens : This ship sailed from Liverpool 17th February, for Philadelphia, with a cargo of dry goods, 55 days out, she sprung a leak at four o'clock, a. m. and at seven, t. m. the water then over her main-deck, the crew lett her in the boat. The next day, the boat was taken up by a brig from New-York for Lisbon. Nine days after,she fell in with the British frigate Gueerier, bound to Bermuda, the Captain of which kindly of fered to take on board the whole of the crew, or as many as chose to go with him. Captain Citase, Mr. G. Ruiszu., mate, the second mate, and one seamen, chose to remain on board the brig ; four young men, seamen, all belonging to Saco, and without protec tions, went on board the frigate, and were landed at Bermuda ; but, of) their arrive; there, no opportunity presenting itself for the United States, he kindly of fered thew a passage in his ship to Halifax ; prior to her sailing, however, an opportunity offered to pro ceed to North Carolina, where they have arrived.— The Captain of tbe. frigate politely effered and fur nished the brig with provisions enough to replenish what had been expended by the crew of the Hercples, and enough to supply those that chose to stay on board to carry :th.cm to Lisboa." Lilt? nitiatiVENtlt COURT OF KING'S BENCH, JULY _ THOUP3OI:4 swamays This was an action on a Policy of Insurance on the Ship--at and from Riga to any poet or ports in the United Kingdom with liberty to load and unload at any port in the course of the voyage. The vessel sailed from Riga on the 13th of October 1809, with a cargo of hemp and linseed, but meeting with a storm, and being driven out of her course, she was obliged to put into. Rostock ; here, on unloading the cargo to repair the damage the vessel had sustained, it was found that the hemp was materially injured.— She continued in Rostock from the 2d of December till the beginning of March following, during part of which time she was froze in ; on preparing to put her cargo on board, the hemp was found in a situation not fit to load, and the Captain, to prevent further delay, took in a cargo of wheat instead of it. With • i ths the vessel sailed, and was soon after captured by the Danes. Mr. PARK, for the defendants, contended, that under these circumstances, the plaintiffs could not re cover. The policy was on a voyage at and ftom Riga to this country, and the ship originally sailed with a cargo of hemp ; she was afterwards driven out of her course, and put into Rostock. This, however, he did not complain of—it was a port of necessity ; but the plaintiff had no right to convert that port of ne cessity into one of new adventure, as they had done, by taking on board a new cargo of wheat, instead of hemp ; neither could they recover under their licence, which confined them to take in a cargo at ont p( rt only. Lord ELLENBOROUGH said, on the policy there could be no doubt ; jt gave the plaintiff liberty to load and unload at any port they touched, and although Ros tock was a port of necessity, they were at liberty to do so there if they found it necessary, as from the state of the vessel they had done. At present, he was also of opinion that the same plea of necessity would apply to the licence also. If the Learned Counsel should think proper to do so, however, he might move the Court on that point hereafter. Verdict for the plaintiff—Damages Five Hundred Pounds. MARTIN AND ANOTHER V. CROKATT. __ - . —........ _ This was an action upon a policy of insurance on a prize vessel, taken by two Captains in the Royal Navy. The insurance was £7OO on the ship, and £5OOO on the cargo of spars, of the San Nicolai, captured by the plaintiffs in the Baltic. It was against perils of the seas, at six guineas per cent. free of particular average, unless the ship be stranded. — The prize was run foul of by another vessel and greatly injured, so that, the bad weather she sifter wards met with obliged her to put into Warberg, in Sweden, where the surveyors pronounced her a total wreck, and whence her cargo was immovable, so that they were both sold their for %vita failed to cover the plaintiff's expences in attempting her salvage. The defence was, that the plaintiff had not abanconed. Mr. Halsofm, jun. proved that he received the protests in the Swedish language, on the 13th of October, that he immediately got it translated, and sent it to the defendant on the 16th or 17th who told him to do exactly as if the ship was not insured ; this was reported to Sweden. On the 28th the witness received a letter from Captain Mar tin, desiring him to inform the underwriters that the ship remained for their orders. This he communi cated to the defendant the s:nne day, who did hot think this a case of abandonment. Upon being asked by Lord ELLENSOROUGH why, he did not make a more formal abandonment , he said, because he had communicated with several gen tlemen, who concurred with the underwriters that this was not a case of abandonment. Mr. PARKE, for the defendant, contended, that it was quite impossible for the_ plaintiffs to recover in' this action, inasmuch as there was no abandonment, that there was no account whatever of sales or of what became of the wreck or the cargo, which latter, consisting of spars (timber), was not a perishable commodity. There had been two similar eases deci ded before his Lordship, wherein it was held that an abandonment must be an actual notice, not a floating idea in the mind of the party, but some act giving the underwriters a tangible interest over the ship. Lord ELLENBOROUGH at first recommended a non suit,but afterwards was perfectly aware of the reason for the plaintiff's wishing to go to the Jury. There must be such a notification of the plaintiff's purpose to look to the underwriters as will enable them to as sume the management of the vessel. It would be always much more wise to use the legal word aban don, and give it in the notice. However Lard it was upon the gallant plaintiffs, whose names were well known, the verdict must be for the defendant. BLACKBURN AND STOCKS, D. THOMSON. This was an action to recover Je2oo upon a policy of insurance on the ship Elizabeth and Mary, at 15 guineas per cent. frpm London to Hayti, in the island of St. Domingo, and dated the Fist Dece:nber, 1807. Those parts of St. Domingo which arc under the dominion of Christophe, have been recognised by many Orders in Council as neutral, and there is therefore no illegality in the trade to theta. It has been repeatedly declared lawful. This vessel fit st went to Cape Francois, which is under the dominion ; of Christophe, where she sold to him about one-fifth of her cargo, and contracted with the Adjutant of Christophe to deliver the remainder at St. Mark's, off' which place she was met by Captain Warren, of the Dedalus, who, supposing she was upon some illegal traffic, seized and detained her. She was carried to Jamaica, where she was libelled, and condemned in the Vice-Admiralty Court. The owners appe.ded to the King and Council here ; and after the cause was heard at the Cockpit, the sentence of condemnation was reversed. Upon this last decision the plaintiffs now sought to recover against the underwriters. An error has obtained that the assured cannot reco ver against a British capture ; but that only holds good where it is a legal capture. In this it was al 'edged to be illegal. The vessel sailed from the Downs on the 28th of January, 1807 ; arrived at St. Domingo on the 6th of January, 1808 ; sailed for St. Mark's on the Std of February following; and was captured by the Ordains next day. On the part of the defendant it was argued, that the owners had not conformed themselves to the licence they had obtained, for there were French winos oa board ) which was not aa, arida permit . - .. . . ted, and also Mat shit *ft Ong to eft eflelll l 4 try; for, at the time the mute was made, that *AS nbthing in the Orders of Council to thew that Hayti was not a hostile place. Lord tbLlßl•oltoocs thought that the most potent authority was the declaration or the Sfitte drop the subjects and, when he fnund that it had recognited that pl ice, which seat ortilnally hostile, to be of a neutral character, M waii inCamitent upon Courts of ' Law to recognise it aiso2 The Orcler of Council of the 15th of July, 1807, although fir the indiatent purpose of legalizing theirade froth Istova Scotia to such porno( St. Domingo as were bot In the posses sion of Franee, yet 'by that he found A recognition that there were Certain parts of that island not under that dominion. Besides this, the Court uf Appeal, having had the grounds of seizure he ore them, and having reversed the sentence of condemnation of the Vice-Admiralty Court, the argtiMetst as to French wines being on board was thereby dont!. away. 9. could not but consider that a voyage so prosecuted, and a seisore so made and restored, am tinted to A recognition of its lesality.—Verdict for the plaintiffs. JULY l€.—Awreit v. PEW.% T..N S. This was art action apilott the deftudants, for bev ies malicit us'y issued a COn1111:•isiOn of Bankruptcy against the Plaintiff, which the Chancelior, on the Plaintiff's petition, had directed to be stiperieded.-.; The plaintiff, who is a silversmith, La ! acted as agent for the defendants, Sheffield pl 'ter, anti, as it ap. peared by the evidence, had ca ried on besiat in ct.t dit and respectabllity but though it had been .de cidedly proved, that the evidence upon which the Commission had been taken out was false, yet, as it furnished the defendants a ground for believing the truth of it, it was hell that this action coald not be maintained, and the Plaintiff was accorditigly non suited. COURT OP COMMON PLEAS, WV! se. ADCOCK V. rates. • This action was brought.to recover damages foe defamatovy words spoken of the Plaintiff by the 1)e: Pendant. . • The parties, it appeared, were druggists, reiiding in the neighbourhood of St. Mary-are. Some tint* since, a suit in Chancery had arisen between therh, the proceedings in which, however, had been stayed. As Mr. Adcock expressed an intention of re-come mencing proceedings, the Defendant, accompanied. by a Gentleman of, the name of Wilcocks, called on the Plaintiff at his counting-house, to endeavour tti prevail on him to relinquish his purpose. A dispute ensued between Eaintiff and Defendant, and to= violent language was used. At length the Defendant, addressing the Plaintiff, said, You have been guilty of a forgery, for which, if I pleased, I could hang you." For these words the action was now brought. It was proved that the words had been spoken—. but lVir. Wilcocks, who was present, said, he did not understand them in their literal meaning. He be lieved them to have referred to an erasure, in an sc• count which had subsisted between die parties seves4 yearsiago. Lord Chief-Justice MANSFIELD observed, that, the words having been proved, it remained with the Jury to apportion the damages. He knew not what mean. ing could be attached to the slander, other than in evidently bore The words having been spoken in the presence of a very few persons, were not, of course: iv. dangerous as , if spoken in a coffee-room or other public place. Still. however, the words were irnproi. per, and the Plaintiff *as entitled to a verdict. The Jury, after a short contaderation, returned tt verdict for the Plaintiff—Danrages £.50. Sating, a hackney coachman, was yesterday fined 405. anJ costs, at Marlborough-street Office, for extorting 4s. for his fare, from Covent Garden thea tre to Rathbone-place, a few evenings since. Though plying at the door While engaged by the prosecutor, he pretended he was hired, but agreed to go for 4e. to which, however, the Gentleman never assented ; and on arriving at Rathbone.place, he offered 2s. but to silence the prisoner, he was obliged to pay the ez tortionate demand. Yeiterday, two young gentlemen, one a medical man, of the name of Simpson, and the other, named ' Atkins, a clerk in a banking-house, were brought w Queen Square Office, under the serious charge of having struck, cut, and knocked down in the Strand, Mr. Thos. Ellis, musician of Covent.garden Theatre s without any provocation. Mr. Ellis stated, that it being the last night of the season, he was detained later than usual, and after taking some little necessary refreshment, was passing by Northumberland-street, when he heard the step. and noise of the prisoners (with two others not in custody), coming fast after him; wishing to evade. them he stepped off the flags into the middle of .the street, but was followed, and asked by Mr. Atkins whether he was an Irishman ? He replied, that he never.denied his oountry ; on which he was instantly knocked down with a stick, and had his face cut by the ferrule at the end of k, or some other sharp in. ' strument. He lost his hat ; his coat, pantaloons, Bcc. were torn td fragments, and his musical instrument rendered useless, without erpensive repairs. Being a stout man, he still held Mr. Atkins against all the four playing with cudgels at him, and called assts. I tance to secure the prisoners. Several of the watchmen were cut and beaten, and Walker, one of the patrol!, had his collar-bone ac tually broken, and was taken to the Westminster Hospital, where he lies in great pain, awaiting a sur gical consultation directed by the attendant surgeon, who felt himself in want of assistance. The defence was intoxication--whereupon Mr. FIZI.DING observed, that it was painful to him to ob serve upon the awful case of t. - -.o Gentlemen, mho, .n the event of Walker's death, would be indicted for murder, or, at least, for man slaughter. It was un. avoidable to detain them, without bail, until the cer tificate of the surgeon be procured, as to the safety ~f the man's life; and as Mr. Eli 4 was willing to for. y t : l n t s h u t ch sur. an give them, on'getting due compensation, he was de. serous of being as lenient as possible, consistent with 1 public justice, making allowance for accidental ine. I briatiou, and ezeusing any unguarded expressions ox t c e o e m lin m g ( s ld o a f ti n o a n t e io in na p l re ps f s e r re ti soners to be taken to a public-house for their better ac. occasion. The worthy Magistrate directed the pr.". [ germ's certificate be produced. The prisovas were . rtawkled ta, Pis soutidy. nalcietyworagpraliisao: