Star. — London, England, 1809-12-02 00:00:00

tHE Al Nft We haVe already stated the determination of Go ternment that Walcheren should be relinquished ; we h ave now td add the destination of the troops which are ordered to the Kentish district in consequence The 6th Infantry tb Dover ; 38th and 91st to Shorn- 1 eiff e ; 68th, 89th, and 'hat, to imboitie Lea% And, order to make room for their accommodation, the following movements will take piece : the Monigo very Militia froin Dover to Sevenoaks the 2d bat vlion of the 50th infantry from Shorncliffe to Silvef 'fill, in Sussex ; and the 2d battalion of the 52d froth '1 te sam e place to Fort Pitt, Chatham. This regi. 4-en marches in two divisions on the 4th and sth inst. The above troops are daily expected in the Downs, e d «ill be disembarked either at Ranisgate or Dover, t;;;ethtr with the 36th, Ist battalion, 50th, Ist nbatta lv.,, and Ist and 2d light battalions of the King's t r erman Legion, which are destined for the Sussex astrict, and are ordered to march to Hythe, from Thence they ate to be conveyed by the Reyal Military (anal to their respective cantonments in Sussex-the 4. 7 7+ at Battle—the 50th at Silverhill, and the Ist and of the King's German Legion of Bexhill barracks. PORTSMOUTA, DECEMBER 1. <, The under-tnentioned Regiments are ordered to !Ad here from Walcheren, and march to the under• entioted places : sth Foot, let Battalion - . Bexhill. 10th Ditto, 2d Battalion - = Milsham Barrack*. 14th Ditto, ditto - - - - Steyning ditto. 26th Ditto, Ist Battalion - Horsham ditto. 32d Ditto, ditto - - 3Slh Ditto, 2d Bittalion - - Chicheeter ditto, 51st Ditto - - Horsham ditto. 77th Ditto - . Chichester Cay. Bar. 81st Ditto, 2d Battalion - Blachington. st 24 bitto, Ist ditto - Lewes Barracks. Arrirea this day several transports, from Wal (teen, with about 500 sick ; but they have so much ic*ered cri their passage, that few of them require obe sent to nospitals. They left Flushing on the f 3 t h ult. when every thing was ready to blow up the frtifications and inundate the whole of the island.— ilmost all the regiments were embarked—indeed, hose which sailed from this country last never dis mbarked." ND promotion. which has been Made for a long time :as given more general satisfaction than the recent p :ointment of Mr. WEBB to be Inspector-General of all !le Ordnance Hospitals. Mr. WEBB accompanied Lard s.HATHAM as Inspector of Hospitals to Zeeland, where, his teal and abilities, he rendered the greatest ser ,.ce, but nearly lost his life, now happily preserved returning to this country. Tuesday a large detachment of the 69th Itegintent sailed from the Pigeon-House Dock, Dublin, for Li verpool, on their route for the Isle of Wight, from !ante they are to sail for India: Count FROTTE, brother of the unfortunate Chouan (:.ief of that name, who suffered with CHABETTE, is :pointed Paymaster to the corps of his Serene High ms the Duke of tRUNSWICK OELS. About 100 Of fa; s are already attached to the corps,many of whom Icaght Scintr. in Strahlsund, who, it appears, ms completely surprised, having mistaken the Danish siliers for British troops coming to his assistance. The four Officers of the 13th Light Dragoons, rriose tr i 1 commenced on Thursday, at Chelsea, are earged •sitls insubordination and improper conduct, r Hounslow Barracks. A fifth, who was an actor the same scene, made an apology: In our Paper of Wednesday, we recorded the gal trt but unsUccestfol attempt of the boats of the Nun) frigate to capture some French armed vessels en the coast of Ireland, We regret to state that rentenant AxonEws, who commanded the second Iv, and three more fled, ate since dead of their wounds. The Very meritorious and humarte conduct of Mr. WATsox, Acting Lieutenant of his Majesty's O'n ANGUART), who leAped o'verboard lately in the Sea and Cutegat, and rescued from a watery riTe two seamen and a boy, the latter in the Great lea, when the current Way funning from three to four lots, merits the highest encomium for such a dis , bNished act of humanity. gAVAL triritticßY4 •••••ImIli••••••=0 TORBAY, NOVEMBER SO: Arrived his Majesty's brig Nits'AN, with eight trail:pot-Li From Portsmouth, bound to Lisbon, hav ing on botrd waggon train and effective officers, put in by contrary wind.—Sailed the Snapper schooner, Lieutenant JENKINS, with dispatches for Admiral &roman, in Basque Roads. PLYMOUTH, AND PLYMOUTH-DOCK, NOV. 80. Arrived the HELENA sloop of war, Capt WotirN, from the Cork station, with three prizes—a national brig and a lugger, taken by herself; and the French privateer le Basque, taken by the DRUID. [See Cori Letter, in the STAR of Weetnenlay.] Le Bernais French Imperial brig, of 16 guns, and 120 men, was in com pany with le Basque, which vessel made her escape. Arrived the ship Richard and Mary, Capt. HARIU sow, from Detherara : sailed from thence on the 20th of September last ; has thrown all her guns, and nearly half her cargo over board, in a very heavy gale; she is very leaky ; American ship Portland, Captain Comes, froth Philadelphia and Lisbon, bound to Tonningen, detained by his Majesty's ship I'AGILE, Capt. Worze ; American ship Mary Pike, MEYER, from Tarragona, with wine bound here for orders ; Portuguese brig Aubizee, J. NICHOLAY, from Oporto with fruit and cork, bound to Liverpool ; the Ceci lia tender, from Cork, with impressed men ; the RE PULSE, and Vlcroatous, 74 guns, from Portsmouth ; they are embarking 300 marines, and will sail for the Mediterranean ; also the TEMERATItE, from Ports mouth.—Put back, the BrrsEr CArtlEs tender. The HUSSAR frigate will be paid wages and prize money to-morrow, and sail for the Jersey station. An unpleasant report is in circulation here respect ing the convoy homeward-bound from Oporto, under the FYLLA sloop ; about half-passage over a French privateer made her appearance, to which the FYLLA gave Chace, making signal to the convoy to keep on their course. Several of them have, however, been taken, as three of them have been chased into a French port by I'AIGLE and THAIS. Most of the others a r e stated to have been captured by the nume rous privateers that were known to be out. PORTSMOUTH, DECEMBER 1. Arrived his Majesty's ships ACHILLES, ILLUSTRI OUS, and EURYALUS, from off Cherbourg ; WOOLVE RINE, RECRUIT, and HAUGHTY, from the West Indies; INTELLIGENT, from the coast of Spain ; and FIRME, from a cruize.—The DENMARK, 74, takes convoy to the West Indies in lieu of the HYPERION ; and the HORATto frigate takes convoy to Oporto.—Wind W. DEAL, DECEMBER 1. Arrived the Woolwich store ship from the Medi terranean ; and the OBERON sloop from a cruize.— Sailed the BONNE CITOYLNNE and FYLLA sloops for the Nore. Foar French luggers appeared in sight at the back of the Goodwin Sands this afternoon, and were perceived to capture a brig. The -CORDELIA sloop, InAs (1) hired cutter, SPFCULATOR and Fotx- STONE hired luggers have gone in chase of them, and from the -short distance these vessels were from them, every hope is entertained that they will be cut off from getting into a French port. YARMOUTH, DECEMBER 1. Sailed this morning on a cruize, the CAMILLA, BRISEIS, PANDORA, STARLING, SA RPEN, and RAVEN gun-brigs ; and the HAVOC and BRITOM ART, to the assistance of the DILIGENCE armed ship, who in a gale got on the tail of the Barber Sand between nine and ten last night, but hopes are entertained that by taking out her stores she may be got off, and without receiving much damage. The Union, of London, B OGDEN, from Stockholm, to London, with deals and iron, is on the Barber Sand ; crew saved ; ship and' , cargo is expected will be lost. An American is on shore, with linen, near Winter= ; and a foreign hoy is on shore on the Scroby Sand, laden—cannot get the particulars for post. Sent in by the CENSOR, Lieutenant O'NEIL, the Frinidschaft, of Stade, PE TERSON master ] from Tonningen, with wheat, bound to London ; and the Titurnia, NICOLAY, laden with a valuable cargo, by the BRITOMA RT, Captain HUNT. Wind S. W. with rain. P. S. The Diligence just got off, and arrived in e Roads. The following is a correzt statement of the netv rangemeilts respecting the prison-ships. The few atiles wl:irti have appeared on this subject have been Wednesday se'nnight, the Eclipse, Mumford master, from 'Pry incorrect. The following system, which is to Grangemouth, while making for Berwick harbour, with a strong mend to all the other ports, has been adopted at Wind at N. N. E. was struck by a heavy sea, which laid her on her trtsMOuth : beam ends. She righted shortly after, but was considerably de " Mute prison-ships there, the Assistance excepted (which re- maged la her rigging, and the main sail cut away. In this state bins under the Admiralty, with all her former officers and men, she attempted for Holy Island; but the weather prevented her ke.Capta;n Downman's pendant), are, as soon as ever they can, from entering that harbour. She Was then anchored in Peak's- %be paid off from the Navy, to be put under the Transport- Hole, but broke away and drifted ashore at Bamborough Castle. Turd, to be commanded by a Lieutenant of the Navy, as Agent Nene of the hands were lost ; they were taken from the vessel sfrransports, with Bs. 6d. per day, subject to the usual deduc- by a pilot boat at Bamborough. The master was lashed to the ti -1+ for Property Tat and Widows' Fund ; they will be lent helm, and two boys, the whole of the crew, Were ordered below. 11 ' s Irori S , Tre ships in commission under the Admiralty; the The Thomas and Hannah, Holman, from Exeter to London, I ; Iteaants who are in them now may remain if the/please.— was run down on the 23d ult. by the Princess of Wales, bound to Tkis has been offiziallv communicated to them. By this arrange- Jamaica. Crew saved. halus, from Newcastle, is burnt in the River. tom they arc Oct subject to martial law ; and it is to be hoped Th. Bucep ii 'gal effectually stop every discontent on the part of the mi- The following Naval Promotions and Appointments 1, ' , , who are embarked in them all but the Admiralty silk, have recently,. Maude, eon of T. Maude, Esq. of Great George taken place sol,i , h ha s mar i nes . This is the M Captains—Met plan, and will take placeat street, Westminster, is appointed to command the Jewel (late 1 '; -then ports where th ere are prison ships ; and in the arrange- Topize French frigate) ; Richards, made Post, and appointed to v(r , it is pleasing to see the same officers allowed to retain their the Abercrombie; Mich. Halliday, to the Heureux ; Watti to the (At:mails" Forrester; Barclay, to the Snap sloop; Higman, to the Rattler; Foote, to the Partridge; Love, to the Tisiphone; Lieut. Smith, A letter was on Wednesday received ;n Galway, of the Neptune, is promoted to the rank of Commander, and ap f. 'ln Vice-Admiral BOWEN, by the Hon. Capt. Wm- pointed to the St. Christopher; Achbon, to the Scylla sloop; C., 1 'VI Lt PoEa TRIINCII, commanding the Sea Fenci- 11 W alton, rd to th ; t or Am his eth e yst iee S s ir in ivi lL i. re: moor to t h e te N H i e e s m Per en ; .Ha Mr', directing him to give notice of discharge to the m roads, to the Armide, of 44 guns; Cathcart, wbo so nobly de 7ci-Soats on that coast duty. We understand that fended the Seagull against the Danes, to the Ganymede, vice !'rejlar orders have been forwarded to every other Kerr; A. Farquhar, to the Desiree; J. H. Godby to the Trom- C ( rnmander in the different ports of Ireland ; and Pens(' i C. M'Donald , to the Redpolej 1. Bowker, to the /Etna; _i Hon. Cant. to the Parthian; J. M. Adye, to the Bri '!';.'. the gun-boats are to proceed to the nearest ors. . • Dawson, sell; • W. Morce, to the Amsterd a m; and G. Seymour, to the . .zee de2ot, in order to deliver up their stores. m a im, f r i gates l ate l y k amt h e d it w iya h r id i . 1 rryt - COURT OF RING'S BENCH; DEC. I. It • " llErrison slit H. Inostunr, FART. WS *as an issue bat of Chancery, and the princi pal purport of its being sent to this Corirt for the de cision of a Jury, *as to Ascertairi the validity of the will of the late Sir H. Bromley ?ouncefort, Bart. deceased: After Mr. PAttikE had stated the case on behalf of the plaintiff, and the will was put in arid read, a Mr. Smith was called to prove the testator'shaml-writing, and the hand-writing of himself and the other two attesting witnesses, which he did. The ATTORNEY-GENERAL interrogated Mr. Smith on behalf of the defendant, and it appeared that one of the attesting witnesses was a Lady of the name of Smith, whose husband was appointed by the very same will to be one of the executors therein named to the testator's estate and effects ; upon which he took an objection to the validity of the will, inasmuch as the law requiring that a will should be attested only by persons who were credible and competent wit nesses ; that an interested person could not be a cre dible witness ; that Mrs. Smith being the wife of the executor, Mr. Smith, and he having an interest under the very will which she attested, could not therefore be a competent witness, and consequently that fact affected the validity of this will, and it could not be received in evidence to dispose of the real estate. Lord ELLENSOROUCII desired that Mr. Smith thight be exalbined as to whether he derived, by bequest or otherwise, any interest or benefit by the will in ques tion ; and it appearing that he was merely named as an executor, without any benefit, profit, or legacy whatsoever, his Lordship ruled that he having no in terest directly by virtue of the will, a fortiori, his wife could have no interest under- it, and consequently she was both a competent and a credible witness, and as such could fairly and legally attest the same. But as it was a new case, and of some magnitude in future discussions of such subjects, he thought it most advise able therefore, that the Jury should find for the plain tiff, and the point be reserved for more solemu adju , dication, in the shape of a special case. LINLEY V. COCKER, GENT. This was an action brought by Mrs. Linley, widow of the late Mr. Linley, one of the patentees of Drury lane Theatre, against the defendant and his brother, who are Attornies, and have been in co-partnership together, for certain monies which came into their hands belonging to Mrs. Linley, subsequent to the death of her husband. defence that fig die notice had heefi given to the defendant ofilhe dishonour of the bill. It be ' came due on the 4th July, and k appeared from the evidence of a person who was then clerk to the de fendant, that notice of its dishonour had not been made to the defendant, who resided in Londcin, till the 6th of Jtily, being two days thereafter. The same witness *as obliged to admit, hoirever, that the defendant had signi fi ed to him hi' intention of calling on the plaintiff - for an indulgence, so that he might have time to pay. Mr. PARKE:, for the defendant, admitted this to be a sufficient waiver of the objection of no notice of the dishonour of the Bill; on which the Jury found for the plaintiff. NOY. 28 : e-400LE v. SIR BELLINGHAM &GRAHAM, BART. It appeared that Mr. Linley, by his will, had ap pointed Mr. Sheridan and Mrs. Linley to be exe cutors of the same ; that Mrs. Linley only undertook the executorship, Mr. Sheridan in no way interfering; that some professional business had been done by the Gentlemen (who are the defendants), for Mr. Linley in his life-time, the amount of which, when they were called upc& to account with Mrs. Linley for the monies by them received, they considefed themselves entitled to stop. This, however, Mrs. Linley would not consent to ; and therefore she brought this action. The witnesses who were called proved those facts, and a verdict was given for the plaintiff—Damages e3OO. Mr; MARRYATT having on a preceding day obtain ed a Rule calting on the Plaintiff to shew cause why the Interlocutory Judgment should not be set aside, Defendant's Attorney having sworn to merits, Sir Bellingham being a Minor ; against which Role Mr. Reader skewed cause upon an affidavit of Plaintiff's Attorney, most satisfactorily proving that the Judg ment had been regularly obtained, therein stating Plaintiff's willingness to waive the judgment signed, and offering to proceed to trial to prove a full consi deration given for the bill of exchange for which the action was brought, or to leave cause to any Gentle man at the Bar to arbitrate, provided Sir Bellingham or his Attornies would undertake not to give Infancj in evidence ; which offer Sir Belliagham's Attornies refused ; the Rule was therefore made absolute, with the payment of costs by Defendant. Mr. Sheridan, who bad been called Upon by sub. pasna as a witness, was in Court the whole time, and had a short conversation with the Attorney-General when the cause was finished. It appeared that the whole principle here rested upon the circumstance, whether the Messrs. Cockers should, or should not claim, by way of set off, such deductions. The Court was of opinion, that in strict law they could not. POOL V. BEN TLY. This was an action for the use and occupation of certain premises in Islington, for a quarter of a year, £3O, being at the rate of £l2O a year. The ATTORNEY-GENERAL observed the written agreement on which the plaintiff claimed his rent, was either a lease or a written agreement ; if a lease, it had not the right stamp, it was a stamp of 16s. and should be 30s. and therefore, void as a lease. If it was an agreement, it was not binding on the defendant. Lord ELLENBOROUGN held it to be a lease, with the wrong stamp, on which the plaintiff was nonsuited. Mr. GARROW observed it was singular enough that it was stamped this very morning, and the party Might as well have paid for the right stamp to save a nonsuit, which would cost him a good deal more than the difference between the two stamps.—How ever, if parties would be so heedless, it was their own faults, and must be at their own expence. SHAW v. COTTLE. This was an action of tresspass and assault brought by the Plaintiff, a green; grocer in 'Windmill -street, against the Defendant, for breaking into the Plaintiff's house, and there assaulting and beating him. It was proved by a variety of witnesses that the Defendant had rushed into the Plaintiff's shop, on the I first of November last, following another man of the name of Burton, who, it would - since appear, he, the Defendant, being a constable of the parish of Mary-la bonne, suspected of having stolen goods in his pos- 1 session, whilo, on the other hand, Burton avoided him, on the impression that he wished to rob him of a parcel which lie then held in his hand, to secure ' which he took refuge in the Plaintiff's shop. The ( Plaintiff, seeing that an altercation was about to ensue between Burton and the Defendant, both of whom were strangers to him, desired that they should leave his house, which the Defendant refused. The Plaintiff again begged of him to depart, putting his hand, at the same time, to the breast of his coat, though in a gentle manner, to convinct him that he was serious in his request. The Defendant peremp torily refused, using abusive language and personal violence to the Plaintiff, so as to occasion a constable to be sent for, and the watch to be called. It was not till the Plaintiff had received a severe blow in the eye from the Defendant, and also a cut in the back of the head, and that the watchman appeared, that the De fendant represented himself as a constable, though not in the parish within which the Plaintiff's house lays— Before the Magistrate the Defendant alledged nothing in his defence, farther than availing himself of a sug gestion of the Magistrate, that he must have been in toxicated at the time. Verdict for the Plaintiff—Da mages AM WATERS V. MP& 41 .1 This was an action on a b 'of 'exchange for 4442 12s. of which the defendant was the indorser and•the plaintiff the holder. COVENT-GARDEN THEATRE. A elite for the Heart Ache received a patient hear ing last night until the last act, when a man in the pit threw the house into a state of confusion by dish playing 0. P. and a caricature in his hat. Several attempts were made to deprive him of these, but he brandished a large stick, and for.a time bid defiance to all who opposed him He remained triumphant, standing on the benches until the curtain dropped. A body of constalsles then rushed in, and took I him to Bow-street. It was stated at the Office, that he was the first man who had attempted to create a disturbance during the night: He said his name was Joseph Thomas, of No. 2, Argyle-street. The Magistrates having retired from the Office, he was conveyed to the watch-house. This capture excited much disturbance in the pit, but the adverse party was too weak to attempt a rescue. A gentle man, against whom a bill was thrown out at the Crown-Office a few days since, appeared among the O. P.'s with a medal at his breast. Soon after the commencement of the musical piece of The Jubilee, several persons interrupted Mrs. amiss and the other performers, by incessant clapping, which an noyed the performance as much as any other mode of expressing their disapprobation. A very animated representation was given of the late attack of the enemy's transports under the fol lowing memorial, suspended over the scenery:— " October 25, Hallowell, Collingwood, Martin." The piece concluded, as usual, with " Rule Britan nia," and " GOD save the King," which the audience received with proper respect. The house was very thin, but respectable. Many ladies appeared in the private boxes, in spite of the aversion evinced towards that part of the Theatre during the dramatic war. Before ten the perfor mances concluded, and shortly after the auditory i quietly left the house. Clinton]) W. BRANDON.—The Special Jury hi this Cause was named yesterday, and the Cause is fixed for Trial on Tuesday next, in the Common Pleas in Westminster Hall, at ten o'clock. The following Circular Letter has been sent to the Members of the House of Commons, supposed to be in the interest of Ministers : " Downing-street, Nov. 28. " Six—The Meeting of Parliament having been fixed for Tuesday, the 23c1 of January, and the present situation of affairs rendering a full attendance desirable, I take the liberty of ear nestly requesting your presence on that day. " I trust you will excuse my expressing a wish that y2u would let me know whether it will be consistent with your convenience to attend at the opening of the Session. 44 1 have the honour to be, Sir, " Your most faithful and obedient servant, 44 SPENCER Paaclval.." Lord GRENVIbLE'S Committee having yesterday circulated letters, in great numbers, announcing that Lord ELDON had withdrawn from the contest for the Chancellorship of Oxford ; we are authorized by Lord ELnot's Committee to give this public contra diction to so unfounded a statement, and to assure the MOmbers of Convocation, that the idea of with drawing does not, nor ever did, for one moment exist in his Lordship's contemplation. A private in the second battalion of the 4th it egi- ment of Foot, laving a propensity for desertion, lately absented himself for that purpose, and to pre vent detection ascended a lofty haystack, in the neigh bourhood of Colchester, by means of a ladder, where he intended to remain about forty-eight hours, till the alarm of his desertion had a little subsided. A short time after he had ascended the stack, the ladder being wanted by the farmer, it was removed, to the great mortification of the soldier, who lay anxiously wait ing the lapse of time when it was supposed the pur suit would be over ; during which time a lassitude and debility affected him so much, that he was unable to use exertions to descend the hay-stack, therefore was obliged to remain without food, and subject to the inclemency of the late severe weather, which has so much injured him that it is very doubtful if his life can be saved. His frame is reduced to a mere skele ton ; his feet and legs in a state of mortification, and his tongue quite black. He was accidentally disco vered by the hay-binder who was employed to cut hay from the stack, upon which he bad lain' three weeks, and must shortly have perished, his faculties and organs of life being incapable of the least exertion. —What is most extraordinary in this soldier's case, about two years ago be was in a similar situation, having then deserted and secreted himself upon a bay-stack, where he was discovered, almost lifeless, after lying there on that occasion about a fortnight his life was then preserved by medical aid almost to a miracle. We are informed that he is likely to sur vive the severe shock his constitution must have sus tained, but that, from the effect of mortification, one ancle will, drop off, and the leg must, of course, be amputated. • W • "1 mOl 1