Star. — London, England, 1801-07-16 00:00:00

w= seoAr.tive ArriaLiCzATE. • NANIVIcif RACES, WEDNESDAY, PLY 8. A Maiden Plate, value Sol. for all ages, four mile beats ; three year olds to carry 611. Four year olds 711. 61b. Five year olds 811.61 b. Six year olds 811. 91b. and aged horfes 811. 1 alb. Mares a nd Fillies to be allowed 31b. Matches and Sweepftakes excepted. Mr. Lord's cb. co. Jenny spinuel. 4 yn. old - x x Mr. C. Cholmosidetcy's be. h. Mobberley Crab, 5 yrs. old - - - - - s dr. Mr. Saab's gr. R. Nautilus, 4 yrs. old 3 $ Mr. J. Hill's bi. rn . Nig ella, 5 yrs. old diL Same day a Sweepitakes of ten Guineas each, nine Subfcribers, won by J. Bayley, Efq. THURSDAY. A Sweepflakes of Ten Guineas each. Three year olds to carry N. 71b. Four year olds 711. alb. Five year olds Sit. 61b. Six year olds N. 1 alb. and aged horfes 911. 2/15. the bell of three three mile heats. Mares allowed 31b. NIL Glover's b. c. Ligon= p aid fo Vim, by Walnut, 4 yea old, recd. Six rfeit. Mr. Bellyfe's b. h. againit Mr T. Garnett's ch. an. 711. each, a miles, 56 Guineas. Won by Mr. Bellyfe. FRIDAY. The Town's Parte, value Sol. for all ages. Three year olds to carry a feather. Four year olds 711. 71b. Five year oldd 811. 31b. Si: year olds BR. tolb. and aged hones Sit. alb. A winner alone plate this year to carry 31b. extra, of two ofmore, 5 1b. extra. Mares allowed all:. tir. J. bL yn. old s 3 r 1 Col. Cotton's gr. a. Dapple, 3 yn. old 3 I 2 Mr. Tiockleer cli. c. Babylon, 3yn old x a 3 dr. )4r. Glover's b. b. Lignum Vitz, by Walnut. 4 yea old. dr. We bad a good race on the firft day of two bares, Jenny Spinner the favourite. Lilinum Vita walked over for flakes. Third day Babylon the favourite; after the Set heat high odds on him, and the odds ran alter nately very high on each horfe as he won his heat. Every heat, particularly the three lafl, was very hardly conteßed, and the oldelt (porting men on the conrfe faid they never faw a better or truer run race, and the knowing ones were generallytaken On Saturday the Gold Medal, given by the Hon. Edinburgh Company of Golfers, was played for on Leith Links, and won by Mr. Our Haar. On Sunday fe'nnight, his Grace the Archbithop of York ordained 19 Pricks, and i 6 Deacons, in his chapel at Biihopthorpe. At an examination in Trinity College, Dublin, Premiums in Divinity, on the foundation of the late Doctor Dowass, *ere adjudged to the under named Students, Bachelors of Arts : For Compation on a fubiest propofed, to Crolli, Ellifon, smut. Phillips, and Murray. For extempore Companions, to Maturlnc and Elllion, TITUS. For reading the Liturgy, to Botroanett, Oliver, and Walker, zmus. And Riobardeotton Walker obtained a Premium for Counpufidon at the Oratory School The attention of the Magiftrates of Edinburgh, and in particular of the Dean of Guild, to the (late of the public markets, is highly praife-worthy. Of the meafurce formerly in de for the fele of po tatoes, greens, peafe, &c. fcarcely one in twenty was equal to the Randard. It is now otherwife; a forpit of potatoes, which, according to the old practice of heaping the meafure, was often under fit pounds, mutt now weigh (even pounds. The difference in the price of provifions between the prefent and the left year, is remarkable, viz. Jwys,lllo2.- - - 3s. • pdr3,r&n. Npes 6s. Gr a ecs Peak 4.. - . - 6d. lansiserries is. 6d. - red. Ddt Oatmeal 3s. ad. as 6d. At Beverley fair on Monday and Tuellfay lan, there were but few good horfes, and they fold at high prices; ordinary ones fold more reafonable ; although - a great fupply of cattle, both fat and lean, they alfo fold very high. A letter from a Gentleman in Grenada to his friend in Edinburgh, dated 23d April, rays— " There is a great deal of more fugar making in the country than was cape:fed a few months ago. All the veffels we know of at prefent defined for this ifland will not be fuffictent to carry much above half the fugar that will be made here this feafon." . By a letter, from Manehefler it appears, that the Steward of the feet at Mancheller had advifcd the Jury to prefent, and the Jury, in confeqiiedce of his ad vice, bays prefented, leveret Ream engines in that town as nuifances. That a (learn engine in fuch a manufadnring town as Manchefter, fhould be confidered a nuifance, feems to us as (range as that a loom in Spitalfields fhould be thought one. —Neither the fkuoke of the one nor the rattle of the other would be agreeable to the inhabitknu of Grofvenor-fquare--but in their refpedive places they are both of the utmoft importance to fociety. Lail week a private belonging to the t9th Dra goons was unhappily killed, in confequence of his baying been difmounted at a Review on Epping Forcfl. His horfe dragged him in the Itirrup a confiderable dißance before be could be flopped. Tuefday, at the Manfion-houfe, an Alien was filly committed to the Poultry Compeer, on a charge of unlawfully marrying three wives, all living at the prefent time. Monday, at the Public• Office, Unicm' -Hall, a young Lady charged a journeyman tailor, of the name of Burrow:, with robbing her of a bundle of clothes, on Sunday the sth inft. about half pal feien o'clock in the morning. Coming by Ken nington crofs to meet force friends in town, acci dentally meeting the prifoner on the road, fhe en quired of him her way ; pretending to put her in the right road, he led her afray to a bye-place, near Waluut-Tree•W a lk, where he made a moft indecent and violent attack on her, which the not. withltanding his threats, re fi tted with all ; her ltrength. Duri ng t h e ftrUggle, fhe dropped her bundle, which he toolcup and went away with it. A milkman, who was going by at the time, law the whole tranfitetion ; he accordingly followed the man, overtook. and fecured him. The only defence the prifoner let up was, that he was drunk, nod did not know what he was about : be was, however, fully committed for triaL Lire ilvertLLtultia 1 COW & OP KING'S BENCI4,IULY SARIN° V..4IIIIIIIIIKELL. (later!, that this was an aitiOn to re . .eover an average loft on a policy on the .fhip San Pietro, laden with ;68 cants of currants, and bound to the port of London. By the operation of the common memorandum upon every policy ofl infurance there could be no average lots, unlefs a (hip Branded; but if there v, as a 'trending, the condition of the engagement, on the part of the affurers, to pay an average lots,' was concluded. The .prefent cafe came before the court on admit , lions, and outhe evidence of the Captairiof the (rip, as contained in his anfwers to interrogatories. It appeared from fueh admifflons and evidence, that the veffel arrived off Dover on the 2d of Novem ber laft, and came to her moorings on the r rth ; that on the 18th and sgth the unloaded part of her cargo, and on the zoth hawled out, and proceeded to unload the remainder of her cargo in the port of London; that corning up the Poot, which was full of veffels, a brig ran foul of her bow, and another of her Item, en confequence of which the was driven aground, and continued in that fituation an hour, during which period feve rat veffels ran foul of her. The only queltion was, whether this was a (trending.? he did not mean to contend that every touching the ground wa s a ftrand ing ; but if a (hip's taking the ground, from what ever caufe it might proceed, and remaining there Tome time, was not to be fo confidered, he knew not what a 'trending was. Was it neceffary a (hip fhould be striven aground by the operation of the wind ? The creel was precifely the fame, whether the was grounded by the violence of the wind, or by coming in contaa with another. Did the prin. 'ciple upon-which 'a (hip was to be deemed to have Branded depend spoil the'naturt of the ground on which flie•refted, the means by which the was raft there, or the length of time the remained in that fituation ? He maintained, that a veffel (hiking the ground, and (Licking there, was to all intents and purpofes a (trending. • The fees of the cafe were taken for granted. Mr. EessittE obferved, that underwriters had wifely adopted the memorandum upon all policies of infurance for their fecurity, and were by its operation freed from the liability 'to indemnify the allured, except in the cafe of a general average lots, or a !hip having (trended: The fituation of .underwriters would be precarious indeed, if tuck an accident as had happened to the fbip in queftion could lie confidered as a banding. He doubted not but that many of the Jury had been on an aquatic excurfion down the river, and had flopped at fome of the houfes on its bank s to regale them felves with white bait: if they had, they mug have' feen in pal Eng through the pool, numbers of fuch i (trended veffels. How often did it happen, that , (hips in the river, by going too near the one fide or the otherovhen the tide was ebbing, were grounded, and remained in that condition till the tide raifed them up again? He called that to be a Branding, when, in confequence of a tempeft, and to avoid the danger of the teas, a veffel ran aground.— No underwriter could be fate if the bare touching the ground fubjeeed him to be called upon for an average lots. Lord Kenyon raid, he was not much acquaint- ed with nautical terms ; but if he was afked whe ther this was a Branding? be fhould fay it was not. The Jury found a verdia for the defendant. ROWCRCIET AND ANOTHER V. PLACE. Mr. ERSKINE Paid, this was an anion on a po licy by the owners of the (hip Emily, infured from London to the South Seas, on a filling voyage, with liberty to touch at any ports and places, as well on this as on the other fide of Cape Horn, and to take on board fuch goods as (he fhould make prize of. The only queltion for the confederation of the Jury was, Whether the was fee worthy at the inception of the voyage, and in proof of the af firmative, it was not immaterial to Rate, that out of 3o underwriters, only the Defendant and ano- ther had refuted to pay the turns they had infured. The veffel was French built, and had been pur chafed by the Plaintiffs, in the year 179 t, for near' scoot. and, previous to the voyage inbred, under went a complete repair in Mr. Barnard's dock yard, under the immediate direaion of Mr. Tuck , er, the fuperintendant of the !hipping of .the Eaft India Company ; and the rum expended in fuch repair amounted to taciol. ; fhe afterwards fet out on one of the molt perilous and difaftrous voyages poffible to be undertaken; (he failed in September, 1797, and there was no colour for her being deem ed otherwife than feaworthy till February, 1798, when the made Statem Land, an Wand near Terra del Fuego, having fprung steak in a tremendous gale of wind ; (he afterwards proceeded to the main land of Patagonia, where the had to contend with fear and tempeils, in comparifon with which, the molt violent of our Northern hemirphere were perfect calms and gentle zephyrs; for twenty days Ile beat up agamft a lee itiore, and, inftead of running into port, which the wis unable to do without the rifk of certain deftrußion, the was obliged to do that which was Atfficient to pull the ftrongeft (hip to pieces ; the Was compelled to make the open tea with all the fail fbe could crowd to avoid the dan gers of a lee (Lore; the violence of the wind was fuch, that (be had two mainfails fplit ; the confe ciente of fuch a profs of canvas was, that the (hip was very much (trained ; the afterwards went to the Gallapagos Mends, fituated near the Equator, where, having previoufly enraged a Spanifh (hip' for three hours, (be found ft impotible to proceed on her voyage without being hove down, in order to difcover and repair the damage the had fullain ed ; the was drawn on land, and immediately bilg ed, and became totally unferviceable ; !lie was broke up, and it appeared that all her timbers were found, though forne of thesron bolts had been' corroded by the copper fheathing. It was now to be contended, that t.le iron bolts ought to have been replaced by new ones when the [hip was re paired, and that, in confequence of fuch °mann, (be was unfeawo;thy at the commencement of the voyage? It was proved that the 114 had undergone a thorough repair ;3nLs ce s s Etfland , and that the iron bolts bad not been re by new ones, Waists they had been deemed tufficient for the voyagi by the Chip-builder. The mate of the (hip flated from his journal the eourfe and events of the voyage ; he attributed the lots of the (hip to the ftrains the received by the tempefluoufnefs of the weather with which the had had to contend. The Al-roam Caesium, for the Defendant, intifted, that it was incumbent on the Plaintiff to have had the iron bolts replaced by new ones, or by copper bolts; and that for want of fuck pre caution, though the was perfealy repaired in other refpees, the was not feaworthy for fo long and dan geroes a voyage. He produced one of the Captains who had fur veyed the (hip at the Gallapagos, who was of opi nion, from the appearance of iron bolts after the was broke up, that they could not have been in a good condition when the (hip failed from England.—Mr. ERSKINE replied. Lord KENYON laid, the Plaintiff's right to reco ver was made out, unlefs his claim was repelled by the (hip's not being feaworthy when the left England. If (he was unworthy, he did not know how a perfon infuring his (hip could ever be fafe ? It would be impoffible for any man, whatever furn of money he might expend in repairing his vette', to obviate fuchlatein objeaioas as underwriters might flan, in order avoid the .payment of the infurance.—The Jury found a verdia for the Plain tiff, damages 3951. ERRECHANT V. ■IRHEY. Mr. Easaiwe Rated that this anion was brought by a poor failor, to recover a fatisfadion in da mages for the brutal conduit of the Defendant, who was his Captain. He was extremely forry to be called upon to Rate filch a cafe of any being that belonged to our common nature. Without any provocation, he took an iron rod, nine feet long, and knocked down the Plaintiff. After he was down and infenfible, he Bruck him feveral blo*s. and jumped upon him in the violence of his paffion. In a cafe of this fort that was tried lately, when his friend Mr. MIMGAY was for a Plaintiff, as he was then for the Defendant, he made an obfcr vation which Mr. ERSKINE laid he felt exceeding. ly when (landing in the &nation in which Mr. MiNoar then flood for this Captain. He abed as his friend had done in that cafe, what was it that had railed the glory of our country fo high? By procuring Brititla Sailors, fo different and fo much fuperior to thofe of other nations. It was becaufe they went out the protefted fubjets of a free country; and that they were not to be irre gularly beat and knocked about for the preferva• tion of difripline, as this Plaintiff had been. His Lordihip had never eefufed authority in any one inftance to punifh perfons who had been guilty of any tnifcondue, when they were brought fairly to trial before their fuperiors. But without the (mall , ell provocation to beat and kick a free man in the brutal manner that this Defendant beat and kicked the Plaintiff, was not to be endured in any coun try that boated of its liberty,and where the rights of its inhabitants were in the fmalleft degree at tended to. He was certain, if he made out this cafe to the fatisfastion of the Jury by evidence, they would give the Plaintiff exemplary damages, in order to read a leffon to this Defendant, and others in his &nation, that they were not to treat thofe that were under them, and to whom they owed protetion, in a manner in which no man of feeling or humanity would treat the loweß of the brute creation. _ _ 24r.ktunav leading Connfel for the Defen dant, Isere Rated, that his defence to this A.Etion was a rekafe that had.been figned by the Pliintiff. His candour and honourable feelings induced him to admit that it was a hard cafe on the part of this poor Plaintiff; but his duty to his Client induced him to infra on the releafe, unlefs his Friends on the other fide could impeach it. Mr. Easel*: attempted, by the evidence of a Jew, of the- name of Moles, to fhew that this m ien& had been fraudulently obtained from the Plaintiff, but without fuccefs ; in oorifequence of which he was nonfuited. Lit O. MISCALL The Defendant, a lighterman, was Come time ago employed by the Plaintiff, who is a corn mer chant, to carry on (bore a quantity of rice from a lying in the river Thames. The rice was put on board - a barge, and taken to the Dundee wharf, kept by a man of the name of Brown. This being an holiday a land-waiter could not be procured from the Cullom-hotife, and the barge was moored alonfide the wharf. . For three tides every thing continued well, bat On the fourth the water got into the barge, and the funk. When the tide ebbed the rice was got out, but in fuch a damaged Hite that it was found neceffary to carry it up to Barn Elms to be kiln dried. Having gone through this operation it was again fit for ufe, bat it was deteriorated in its value to the amount of 184 — To recover this furn the anion was brought, and, as it was evident that the Plaintiff was entitled to a full compenfation, the only quellion was, who was bound to make good the lots, the lighterman or the wharfinger ? Mr. &salmi, leading Counfel for the Plaintiff, contended llrongly for the liability of the Defen dant, as the accident bad happened entirely through his means. The barge Was not river worthy. In her fore part fhe was fo crazy that a mark was made with chalk, beyond which it mull not, be weighed down, and thus rendered it neceffary to pot all the calks aft ; the barge becoming a lever of the fecond order, the water had the moll Oa nifhing power upon, and railed her almoll per pendicular. The water poured in at the Rem, and the went to the bottom. It would be Paid, per- 1 haps, that the night when the accident took place, there was a watchman on board. Perhaps a watchman was on board, but it lay with the De fendant to thew that he was of any fervice. The law always seed on prelumption till the contrary was proved, and it was a well known intendment of the law that every watchman fleeps on his poll. The Gentlemen of the jury had probably heard of the wonderful cure performed a few years ago upon an illuftrious nobleman who had been long afflicted with, filch an irritability of nerves, that he was a Munger to repofe. His Lordllip was attended by the molt eminent of the faculty, and r every medicine was peefcribid which' EMU . degree tend to remove his ina)ady. All, however; was in vain, amthe dailji Wafted away in the molt alarming miner: At hat a friend adviCed him foi one niichc to de the duty of the. parith Watchman; His Lordllip was a good deal (tattled at tbe pro; pofal ; but to gratify the Willies of his family, hi contented to make the experiinent: He was now told that this Was not a mere frolic, .but that hi mpft proud the property of die inhabiiants againd depredation, and watch the parilh bona lat. Ha allured every body that he &mild be on he ales the whole night, and that the doors and windowa within his walk might be &fel) , left unlocked and unbarred. He put on his great coat, hung hit, rattle by his fide, took a bludgeon in ohe hand, and a lanthorn in the other, was introduced With great ceremony to his brotbir watchmen by tbd conllable, and then began his rounds. But, alas upon entering his box, after calling twelve o'clock; his Lordlhip dropped aileep, and next morning at eight he was found (till under the dominion of Morpheus. It appeared that the Plaintiff had Curtained the injury he complained of, but both Judge and Jury were of opinion that therefponfibility of the ligh terman ceifes as loon as the bare was mbored oppofite the wharf . — Verdict for the Defendant.— The fame point was decided in the time of Loid Mansfield in the cafe of Vandyke and Wood. MGM V. 1 1 .11 TO. This was an Anion brought od a Foreign Bill of Exchange for 6271. by the Indorfee againa the Indorfer. The Leading Counfel for the Plaintiff obferved, that the uncertainty of the Law had been a topid of inveaive at all times, but the Law was more abufed than it ought to be, becaufe there were many things in it perfealy certain ; and the Plain. tiff's demand would furnith a very good illuflra. tion of it. The only defence in this cafe was, that the Plaintiff ought to have fent this Bill for ac. ceptance the moment it came into his hands, which he had not done. No fuch thing wasrequired by the Law. TMs Bill, the names that were upon it,?nd the proteft for non-acceptance being proved, Mr. Glass, for the Defendant, obferved, that if this Bill, which was drawn in Ireland, on the houfe of Gorman, in London, had been fent over earlier by the Plaintiff, it would certainly have been at, cepted and paid. Mr. Gorman refuted to accept it, on account of the failure of a Houfe that was connected with it.; but he did not, however, mean to fay, though that was the effed of having rent over this Bill fo late, th at the Plaintiff was under any obligation to fend it fooner. His defence was, that upon the Houfe of Gorman refufing to ac cept it, the holders had not given notice of that eircumflance in due time to the people in Ireland. After the Counfel had Elated the dates, he intillecl they ought to have written to Ireland one day earlier than they did. Lotd KENYON faid, the only quellion here was, whether the Plaintiff bad ufed all due diligencst— That quellion he fubmitted to the Gentlemen of the jury ; who found a verdiO for the Plaintiff fog' 6271. • The queflion being afked, whether this was bight!' or Irifh money ? Mr. Barnwell, one of the Gentlemen of the Jury, obferved that it was Eng. lilh money. AU Bills drawn in Ireland upon. England were to be confidered as Englith money on the contrary, all Bills *drawn in England so Ireland, were deemed Irilh money. A fdm not lefs than 30001. in 06014 Isitsiond weekly from this cnuatry to the coal of Rolland, for three months pia, for the purchefeof I:striete. only. Mifs ink•NNOT, tte Little Pricer; in the Ballet of the Prize, has excited the allonithment of every beholder—fuch Grace and Aetion in an Infitnt of only Five Years of Age has feldorn been witnelfed. Lauasur, (hints a meteor of furprizing talents in the Pantomime of the Fairy ; which that of Ail in Boots, withdrawn from the Royal Amplai. theatre on Saturday la% precluded him from ap. pearing to that advantage,which his great ablities thould always be theism to. The Capital Prizes, in the prefent Iriffi Lottery, are Two of so,oool. Two of zo,oool. Three of soool. Two of soool. Five of wool. Three of. cool. ; and &miler Prizes to the amount of 64.,gool.—either of them are attainable for the fmall rilk of only Eight Guineas, and which have been repeatedly experienced by the public purchal: ing their Tickets_and %hares at Mr. Nicuotseu's No. 16, Cornhill. N. B. Prises paid on demand. —Note, the Drawing begins on Monday text; an Exprefs, with an account thereof, will daily arrive at the above Office. The Rev. Dr. Ri von, of Grange Road, South. wark, London, June t, tEtot, favoured B.D.Pea aims, of Leiceiler-fquare, the Patentee of the Ms. tallic Traaors, with fome important obfervationt on thofe inilruments, addreffed to Dr R. by_ the: Rev. J. SNUTTLSIVORTH, of Cowling Hill, Port. (hire.—Among the Cites cited it the following of a Burn A Child had the inisfort one to barn his hold fo (evenly that tie part v.:betted : sypiled the Traders; and, in a very little time, both the Blatt and Inliammados &appeared ; and when I left the place the child's hand W Y joke well." Aker Bating the fingabr relief gives to Ms owe daughter by de Traders, which rook off the inflammation ofe fevere Affedion, Get/firmed by Prof, three years before; and the relief of the wrlit of a perfon who bed been Allard feverft years, and weld derive no benefit, from the firft medical affiftance, Mr. L. cowhides by apriling his high opinion of the merits of the Tradom Olt the zit of April wee publilbed, by the Patentee, an esdre an, Work. entitled N Cala of fnecefsfal Predict with Pat ents's PAT t NT Mt IC TaAcroasocceived finer January 1100, the date attic former pubilcadonake." price is. Sold by J. Jolt:Arm, Bt. Paul's Church-yard, Londrm.--Of the Patentee it Isegl e slid gratis, by all who have purchafed eke Trade... CUM of hoot. Rheunisritm, Heed-eck. Tooth -sets *skis, Bruges, and aft analogous Dilates of Harks which are petaillied, are itionmavable. Tie Traders, ko aecefary in every Family. sod among Hodes, mey be had, genuine, with new sod impromd direc tions fer yin theft. Ow Five Oehler the Set, of B. D. Pea. es s. A. M. the Tatestes. he Leiee ec; vod ol theddi. Chosilt sod Druggia. is ski %artet, Lomita. The pertsMs moire of il,: Triflers sesdersthdr conveys= Coed, at ma by PA, perfedly aragesilat. Letter ' Sag theft mew= (ioLt-psiit) 4E4 amid Ob. _ _