Star. — London, England, 1802-08-07 00:00:00

ivAVTICAL INTLLIdaNct. DUBLIN, AUG. 3. On Tuefday and Wednefday his Majefty's fhipsNIGER,EuItI.IS,TH ET IS, DIYEER. and BLONDE, with the Harmony, Zephyrus, and William and Ann tranfports, arrived at the Cove of Cork from the Mediterranean, having on board the following re giments: ,7th, Sad, 35th, z3d, sd, or Queen's. The necelary precaution of placing there 'hips under quarantine has of courfe been obferved ; however we are happy in Rating, that all the troops are in excellent health, fo that an order may ganrtly be expelled for their difembarkation. The Ardent tranfport, with the Antient Irifh Fencibles, from Plymouth, is arrived at Cove.— The greater part of this regiment were difcharged in England, the remainder are to be difensbodied at Cove immediately. FALMOUTH, AUGUST 4. Arrived this day the Ship Harmony, Capt. Dookra, from the Bay of Honduras; laft from New York, with mahogany, after a palrage of 36 days, bound for London; alto the PETERILLBOOp of war, oft 6 guns, Capt. LA 141101 t N, and has detained and brought in with her, on fufpicion of having contraband goods on board, the French lugger Capt. MiNoyss, from Noirmontier, with falt : the PET IR EL L failed again on a mire. Ar rived likewife the Ship Diana, Capt. BRITTON ; and the brig Flora, Capt. Ewan, both from Lon don, to take in tin, &c. for Smyrna; the Ameri can brig Mentor, Capt. TRIVET, in 35 days from Cbariefloten, with rice, for orders ; the ABSONA revenue cutter, from a cruize; the Lark, PARSONS, from Portfmouth ; and the Remond, COOPER, from Cowes. Put in by contrary wind the fol• lowing Dutch (hips of war from St. Domingo, tali from Norfolk, where they have been repairing, after a p.tffage of fix weeks : The Brutus, - of 64 guns, Admiral HAITIMICIL Neptunin, of 64 - Opt. ICROPFT. Jan dt Wilt, of 64 - Capt. W L And the Nix, of tt - Capt. Pool. The thip Airociation, which arrived on Saturday lilt in 35 days from Wilmington, with tobacco, and failed again for Rotterdam, (poke in lat. 48. 46. long. 30. IS. the brig William, Capt. Human, from Liverpool, bound to St. John's, Newfnunlland, all well. Sailed the brig Ballet, Capt. l'oacuast, for London; the (hip Thames, Mota►LL, for Demerara ; the brig Three Bro. theta, WESCOTr, for Liverpool; Unity, JENKINS, far Guernfey ; Generous Friends, ELMY, for Limerick; Railleigh, revenue cutter, Berms, on a cruize ; John and William, HAMDEN, for New. haven ; and the Harmony, TaouzaL, for Jerfey. The QUEEN CHARLOTTE packet, MUDGE, with the !nails of the 4th infl. for Jamaica and Barbadoes ; and the LORD CHARLES SPENCER packet,COATES.. troa•H, for New York and Halifax, with mails of the fame date, will fail on Sunday next. PORTSMOUTH, AUGUST 6. This day arrived the Nettor, MutDom from Riga bound to Bilboa, in Spain ; yelterday the Traveller, Fir TAW, from Peterlburgh bound to Lifbon alto the Refolution, &LUDY, from Chrif tianna.—Sailed the Ship Weak, Captain Joint Not:vacs, with troops, for Leith ; and the Fran cis and Harrion, POTTS, for the River. The fix following Tranfports were this day re leafed from quarantine—the Samuel and Jane, Agenoria, Diana, Fortitude, Weamorland, and Succefs: the two laft hive come in harbour. FROM LLOYD's LIST. Nat., AVCUST 6—Arrived the Araturow frigate from a Mize. and rematna—Wlnd S. S. W. GAAV AA VD, AUGUST 6.—Paffed by the Advice, —; Requeß, Elkrby ; and Ploughman, from Peterfburyh; ]nose Mu:arena, —, from Campverc ; Due Trued; Plufe, Rotterdam ; Refolution„ —; Norway, Miller and kialutah, Wright, from Nnrway.—Sailed the Wm. Pitt, Pear. fat. for Martinique ; Terefa, Wright, for (Lusbee ; Two Wen, —, for Peteriburgla ; Hibernia, for Baia: Autry, Mack, far Gibraltar; Times, Curt* for Malaga; New Dearer, Hughes, for Newry ; Rambo rgh Packet,Thomp. IA; and Union, Gibfou, for Hambargit ; Jonge and Zealous, ----, for Arnitrraars s Sucedia, Sheppard; mad Nile Packet, Beachy, for Calais. ARRIVED. At Plymoutb.—Debford, 'faun:, from St. Vincent's At Limpool.—Jolus Ball, Kelly, from Jamaica; Royal Pal bard, Grote , from St Croix ; Barton, Chambers, from Bar leaks; Rattll, Gibbs, from Charleiton ; Ganges, Mair ; and Daley. Scott, from Peterfbargh. At Daban—Mary Ann, Pafcal, from Lill= I and Janina, barber, from Termite. At Cork—Fricnds, Martin, from Liflion. At Ufa... Alexander, Latvian, from the Canaries. At HalvoetAdventure, Puree), from Charkiton. la the Terri—Cleopatra, Bank, from Philadelphia. At Ramhurgb—Reinholds Ohiers, from London. Inf Beachy.—Nclfon, Smith, from Grenada. Drilcmiella, De Hun, from Amfterilam to London, I. nr.rt.4 zo be 1011, only two boys Caved, one of them is landed Mirp.te. Tile Atipa, Rennet, from Africa for the Welt Indies, is torch moot at Princes. On the 4th of &bursary anchored is Bombay harbour the Sip BRITANNIA, CapI.BLIO•IIIIN STCLLC, Wm England.-- CaPt. STIRLt touched at Madeira and the Care. Mr. Tuteon, Aligant Surgeon on the Bombay LOAMlusent, wanted from the Cape by this opportunity. A private letter received by the MART sDA /1.. (fern Cat. RUM, mentions the arrival in the river of the (kip LA LLA, Cap:. You as, from Bombay, on the 15th of February. Unfortu. natdy, in proceeding up to town, and having advanced nearly to GArden Reach, this ill-fated (hip caught lire about fix o'clock, sad was totally coafunted. Some valuable bodes which were boaniaikrabh hared the fame fate. No property what ever 111111 Coml. Aron.. , nei eh. powwow vasat.e.f eke am... LAW INTELLIGENCE. HIGH COURT OF ADMIRALTY, AUGUST S. This day the Right Hon. Sir Wta. Scot,- pro ceeded to the adjudication of the following eaufes: The Kron Printz, Gulk maller.—This was a, further proof cafe as to the property of the fhip ' which was claimed as belonging to Mr. Reimer Ruge, merchant of Altona. It appeared that tilis (hip was failing under Danifh colours, laden with a cargo of coffee, cardamom, indigo, fugar, nut megs, and various other articles, bound on a voy age from Batavia to Copenhagen, and was cap tured on the 28th of July, iSot, by his Majetly's Chip Cambrian, the Hon. Arthur Haye Legge, Commander, and brought into Portfmouth. It was contended on the part of the captors that this was Dutch property. that the was purchafed in the year t 79Q whilst lying at Rotterdam, that at the time of the capture the was commanded by a Dutch mailer, and that upon force of the original papers there was pretty firong ground to fuppofe the would have found her way back again to Holland. The Court, after hearing the Counfel on behalf of the claimant, rellored the fhip, and pronounced freight and expences to be due to the neutral matter. MARSHALSEA COURT, AUG. & SLUCNBURG V. SWUM AND MAIM The plaintiff, a very decent, refpeftable man, upwards of figto pars of le, living at Turnham green, was riding In the vicinity of Afton, in June fail, when a pig, the property of one of the De fendants, who are anciext warm, ran under his honk, and almoft brought the animal and his rider to the ground. By the Rumbling of the horfe, the pig roared moft ftrenuoufly, and then made his way through a hedge with all expedition.— The old lady hearing the fcreams of this wretched animal, inftantly flew to its affiance, but not teeing the bee, the concluded that it had been filled and Alen by the plaintiff; under this impref fion, the alarmed her neighbour, the other de fendant, and they both Wiled forth in purfuit of the plaintiff, vociferating, with all their might, " flop thief." The plaintiff was immediately feized, and upon the defendant's coming up, he was formally charged with the double crime of iilling and fieatng the raid pig. In vain did he pro teft his innocence, taking heaven to witnefs that he never entertained any malice againft the pig, or defign upon its life ; there proteilations and re monitrances were of no avail, the ladle: were in exorable; they pulled him from his horfe, dragged, beat, and clawed him at a moft terrible rate for al onyi an hour, until Tome of his neighbours palling the field of aftion, refcued him from the fangs of thefe implacable viragoes. The pig, during the fray, had prudently gone home, where he was found in great health and fpirits, feeding moft contentedly, and apparently uncogrions of having given any ma. fonfor contention ! The Jury, in confederation of the injurious treatment received by the plaintiff , found a ver dia in his favour, with nos. damages, which, in this Coutt, entitles him to colts. KENT ASSIZES.-MAIDSTONE, AUGUST I. _ SIMIAN V. P4ANSVIIII.D AND °THUM Mr. Gapitow opened this cafe. He lamented extremely that he had not had his brief deliver ed to him earlier ; if he had, he fhould certainly have advifed his client to have difpatched a mef tenger to Beckenham, in order to have introduced to the Jury a perfon, who, fine the death of Lord Lonfdale, might juftly pretend to pre.eminent ce lebrity in the annals of Courts of Jutlice—the Gen tleman alluded to was no other than Mr. John Cator, whofe name the walls of the Court had of ten refounded. When he read his brief, he was furprifed to find it contain fuch a mixture of folly I combined with knavery. Happily GOD AL. MIGHTY had let fuch a mark upon thole who for fome infcrutable purpore he fuffered to live to plague mankind, that their machinations always recoiled upon themfelves, and tended to their own injury. There would be found a molt wonderful coincidence between this trial and one which oc curred at the lall Affixes; fa much fo, that at firft he almoft fufpeded his old brief had been deliver ed to him by millake. Mr. Morgan, the plaintiff, was a Gentleman of fortune, living in the neigh- EJurhood of Penge Common, and for ten years part had rented a field of Mr. John Cator, to whom he had uniformly paid his rent perfonally ; but for reafons, which would be explained before he had finithed his obfervations, he had at Mi chaelmas laft paid it to the Clerk of the Attorney of the defendant. In the month of December following, he was walking over his land, and was much furprifed at feeing a man in his field with a hark and cart (hooting a load of dung. He thought filch an aft of good neighbourhood alto-, nithing—he could not conceive how any one could have been fo kind as to manure his land for him. Accordingly he acetified the man, and enquired the motive of fo fingular an a.t. The man raid, , 0 1 have taken this field of Mr. Cator, my Land lord." The plaintiff replied," You had better go away about your bufinefs, for the field is mine." This man's name was Fox. The Mr. Cator, whom he had mentioned, was a good Lawyer—he bad had much eitierience, and had paid dearly for it, and therefore it was difficult to- account for his letting land to Mr. Fox, which he had pievioufly let to the plaintiff : but the real truth was, Mr. Cator was ,one of thole, who having a long purfe, which he was confcious he could not carry to the Devil with him, wifhed to make the molt of it in this world, by employing it in torturing his fellow creatures. He was perfuaded when he had deve loped the whole of the cafe, the Jury would think him jultified in demanding' exemplary damages, not to come out of the po ckets of the defendants, who were the obfcure inftrnments of another, but out of the purfe of Mr. John Cator, their princi pal. He would grove Mr. John Cator was the real defendant, by (hewing that he had been tam pering with the plaintiff's witneffes, and he had no doubt if he fucceeded in doing fo, that the Jury would put their hands deep in his full cram'd ipurfe of mifehicf. The eircumftanee of !hooting I.tha • • - months. Tn the mean time Mr. Morgan, the plaintiff, had defired his agent, Mr. Ayliffe, to put a chain on the gate. In the month of April, Mansfield, the defendant, who was the Bailiff of Mr. Cator, and the other defendants, who were the fervants of the carpenter employed by that worthy gentleman, thought proper to let them. felves to work, and dig up the gates and polls be longing to the plaintiff's field, and carry them in to another field belonging to him. What mull the jury think of fuch it trantatlion ? tome of them undoubtedly were occupiers of land, and were anticipating the abundant harveft, of which the bounty of HEAVEN, in fending fuch favour. able weather, afforded a reafonable profped.— What mull t hey think, if during their abfence they should learn that their landlords had taken off the gates of their wheat fields ? Such was the treat ment the plaintiff had received, for which the de- I fendants' employer had infultingly left them to their remedy at law. It might be alked why Mr. Cator had done this? He could not tell them cr afty ; but he would acquaint them with fome fads, which would let them a little into the lieut. Mr. John Cator lived at Beckenham, where for many years he had reigned Lord Paramount, till unfortunately for the continuance of his dominion, a Mr. Jackfon came to refide in the village, and in a manner molt honourable to himfelf let about that falutary reform in the affairs of the parilh, which long abufe had rendered neceffary. His laubable exertions naturally rendered him the ene my of Mr. John Cator. Mr. jackfon ' as well as the plaintiff, Mr. Morgan, held land of Mr. John Cl air, who, irritated at the interference of the former, relented it by threatening to cut down tome or namental trees before his houfe. Mr. Jackfon ap plied to the Court of Chancery for an injunction to retrain him. Upon this occafion the plaintiff had dared to adopt that courfe which juftice de manded of him. He had given evidence in the Court ofChancery, in confequence of which Mr. Ca tor was prevented from carrying his defign of cut ting down the trees into execution. He failed in that point of injuring Mr. Jackfon. Whether he had failed in other refpeds was with GOD and his own confcience—he had his own reafons for thinking he had not. He had often teen in the courfe of trials in Courts of Juflice, that when the evidence teemed to be fo equally balanced that there was not an hair's breadth between the fcales, one of them had been made to kick the beam by the mere folly of the party. He remembered a cafe where it appeared a tub ed of extreme doubt whether a Mr. Cator, not John, by his brother Jofeph Cator, had written certain letters of a libellous tendency ? Upon that occafion Jo feph Cator had gone to a Mr. Heard, a ita tioner, and had laid to him, 44 You remember you never ferved me with any fool's cap paper." Now it happened that the main queftion was, whether the libels were or were not written on fool's cap paper, which had been fold by Mr. Heard. Equally filly was the condo& of Mr. John Cator—who would believe that a man of his figure, and fafhion, and charader, with as large a fortune as any gentleman in the county, fhould have found out that the Bailiff of Mr. Mor gan had left him, and gone to live at Carfhalton, but fo the fad was. Mr. Cator one day ordered out his carriage, and in a fhort time after, tome how or other, found himfelf at an inn in Carfhalton. Whether he took with him a certain virgin, of whom his learned friend Mr. Fielding had hereto fore had occafion to mention, did not appear.— The eidevant Bailiff of Mr. Morgan, tome how or other, received a meffage while he was en• gaged in his runic occupation, informing him that a fine gentleman wiffied to (peak to him. He at tended him, and found him regaling with the Tut. can grape. " Come, my good fellow," Paid Cator, " fit down and take a Oafs of wine." Hodge teemed bafhful. " 0 dear, dear, don't be afraid ; help yourfelf; the more free the more welcome." Hodge took a fecond and a third glafs, but was a little fhy of going further. Mr. Cator kept plying him, and when he thought him fufficiently off his guard, he thus addreffed him You re member the day before'Michaelmas-day you gave up poffeffion of the field I let to Morgan ?"--4 , No, Sir, I do not recoiled any fuch thing."—" Take another glafs—take another glafs—yes, yes, you mull remember it—l am lure you do—l'll remind you. One of my people came to you, and afked you to give up poffeffion, and you gave it him.' The honeft fellow perfilted be had done no fuch thing. He (aid, " I remember this trantadion taking place—l was in another part of my mat ter's land, and a perfon, who was a granger, ap plied to me to (hew him the field."—Foolifh and nonfenfical, Mr. John Cator, to fuppofe that filch a poffeffion would have been of any avail; even if accompanied with all the formalities of a feoff ment ; nay, if even a fod had been dug up by the plaintiff's fervent, without his matter's content, and delivered to him as feifin of the land. Some time after this an application was made to the Plaintiff by Mr. Cator. who Paid " the affair had better be fettled, perhaps there has been tome mit. take." Has there fo, then Jo you, good Mr. Ca. tor, pay the reckoning. 44 Perhaps,' replied the other, " it will be fufficient if I pay the colts ; it I cannot be worth while to go to law in an action' of tretpars, where the damages can only be nomi nal"—nominal damages ! They were not the ob- Jed of the Plaintiff. He demanded, malted upon, and was convinced he, fhould receive—not a fhil ling verdid—to encourage Mr. Cator to go on ha. rafting and vexing his neighbours—but a verdict which would operate as a leffon to him in future, and teach him that no man was above the law, or out of its reach. Mr. Cator not being able to de bauch the Plaintiff's witneffes, no longer continued ) the attempt in his own form, which he found was too hideous. Like the firft feducer of mankind, he had recourfe to guile—he fent two of his fami liar fpirits to tempt him—they were to carry him a fubpana, and, if poffible, to engage him in eonverfation. They did fo, add were two hours with him. However, as truth cannot change. but mutt remain the fame to all eternity, the man perfifted in what he had before (aid. The two come to London and go down with ns.". He took it for granted there would be no witneffes called on the part of Mr. Cator. If there were, he lhould have a right again to addrels the Jury ; but if not, he caitrle would be, that the Learned Serjeant who was Counfel for the Defendant would make an erection Ipeech, inferring that all Mr. Garrow had laid was the invention of one who was always glad of an opportunity of flitting any thing to the prejudice of Mr. Cater, and that this was an ac tion againft the feivants of that Gentleman for their own milcondua. But if Mr. Cator was found at an inn at Carfhalton, tampering with the Plaintiff's witnefs, would not the Jury believe he had gone there for the purpofe of faving his own money bags ? Would they not fay, " let us find our way to the true Defendant, and make him pay handfome and exemplary damages P' Mr. Denny, the plaintiff's bailiff, and the only witnefs, was then put into the box, who Hated that he knew the land in queltion exceedingly well ; it was fituated near Penge Common, and was rented by Mr. Morgan of 'Squire Caton He remembered Mr. Mansfield, Mr. Cator's bailiff, attended by Derringer, Morris, and Hughes, three journeymen carpenters, coming to the clofe. It was on the sft of March, at (even in the morning. They dug up the polls which fupported the gate, and carried the whole away to an adjoining field. He had previoufly put on a padlock by his mar ter's defire, after Fox had brought force dung upon the land. In the month of April he went to Carfhalton. Mr.Serjeantßett.ev objc.led to any thing being given in evidence as to any interview the witnefs might have with Mr. Cator. Mr. GARROW obferved, that he meant to prove, that Mansfield and the reit had acted under Mr.- Cator's guidance ; but he would wave that part of the evidence, as he had abundant proof betides. Mr. Garrow then addreired himfelf to the witnefs, and alked him, if he had faid any thing to the men when they came to dig up the gate ?- Witnefs continued.—He had afked them by whole authority they were digging up the gate ? They replied, by their mailer's orders. On examination he faid, that Mansfield had come the day after Michaelmas-day, but witnefs fuppofed he had come merely as a matter of form. No poffeffion had been given before, nor had Mt. Morgan given it up to any one, though Fox had taken poffellion of it, and kept it ever fince. The dole, he added, was of the utmoft importance to Mr. Morgan, as it led to his land : he mull com mit a trefpafs on another perfon's land in going to his own, if he was deprived of it. Mr. Serjeant BAILEY faid there were two things he was particularly defirons the Jury fhould keep diffintl: the fpeech for the Plaintiff and the proofs. He alfo walled them to feparate as much as poffi ble Mr. Cator and the Defendants, for it was ea. tain that Gentleman neither had entered into any bargain to indemnify them, nor was he called upon to do fo. He would, however, fuppofe this was a cafe in which the Jury were to put their I hands into Mr. Cator's pocket, in fuch cafe they ought to deal mercifully, becaufe the Plaintiff had already received ample fatisfaffion by the fpeech which had been made for him. He was perfuad. ed.if Mr. Morgan had been alked whether he would have had tool: or Mr. Garrow's fpeech, he would have preferred the latter.—That the Plaintiff's ob jed was to have Mr. Cator held np to the ridicule of his neighbours was evident from this—when Mr. Cator found there had been fome miftake, he apprized the Plaintiff of it, and faid here are your colts, let the matter go no further. No, no, you have done wrong, I have you in my power, and will take care Mr. Garrow than give you a rating, This was not a cafe in which it was neceffary to enter into the hiftory of Mr. Cator's life from the period of his birth ; the Jury were merely to en quire what damages had been fuftained by inter rupting the polliffion of the clofe in queftion I The injury could not be very material, as the field was ploughed, and lay fallow. if the Jury fhould be of opinion the Plaintiff was entitled to a verdill, he trolled they would confider that his objea was not damages, but w have Mr. Cator held up to the (corn and derifiou of the County of Kent. He had no doubt they would deem nominal damages fufficient. The LORD CHIEF BARON obferved, that if the cafe had been proved as it had been Rated, it would have been one of grofs opprellion, and the Jury would have been bound to have gone confidetably farther than the bare abftradt injury the Plaintiff had fuftained : as k was, he thought it a cafe of unwarrantable haffinefs on the part of Mr. Cator, who ought, before he took fuch a Rep, to have communicated with his Tenant. It was to be ex peCted of every fair and honourable man, if he con. ceived hii Tenant had not a right to a particular piece of land, to fend to him, and hear what he bad to fay, before he took any Rep ; after which he was at liberty to ail at his peril. In the prefent inftance, the firil notice the Plaintiff had received of his title being difputed, was by his gate and pats being taken away violently. The injury it felf could be of no great confequence, but the da mages fhould certainly be fomething more than nominal, in order to teach Bailiffs that they could not be allowed to proceed in fo illegal a way with impunity. The field it teemed was of fome impor tance to the Plaintiff, for he had no other way to his land without committing a trefpafs. He had forcibly been deprived of that which was necefrary to the enjoyment of his property; and confequer.t. ly the damages ought to be beyond the mere ex. pence of putting up the gate again. The Jury retired. After confulting together upwards of three hours, they returned a verdift for the Plaintiff.—Dastages One Hundred Pound:. THWAITESInCOIII.—This was an action for ma. licioufly preferring a bill of indiament againft the plaintiff for unnatural pmitices ; and alfo for flan. derous words, imputing to the plaintiff charges of a fcandalous nature. lifr.Cuawoon opened the pleadings, after which Mr. Serjeant SHEPHERD / in a moil eloquent ad drefs to the jury, Dated the particulars of the plaintiff's lafe._He_faid, that in lulYsiall year. lir 1- 1 rat Ir. 1 cit. Pk. wall fecn. liked pt 4 man. : WU lid he e•row. 'ow•n weep 11. ii r,r of ILVA• , WAS