Star. — London, England, 1801-07-10 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DAY....Wintl W. MINED i Hamburgh 1 Dublin n Waterford i Donnaghades YARMOUTH, JULY 9. This day arrived a Mail from the Continent brought by his Majcfty's packet KING Gsoaos, Capt. FLYNN ; the left Cuxhaven on the zd inftant. .—The KING Geoaoz packet, Capt. DIIAN ? failed with the Mail of the 7th inftant, this morning at 7 o'clock.—The •DRAIEZ cutter is alto failed on a cruize s and the Gamtoa and Lissa-tt cutters have arrived. TORBAY, JULY 8. Arrived the Cam peRDOWN cutter, from a crui zc. Put back this day, the ARGO of 44 guns, CARYS rot,. of zB, and three tranfports having the 85th regiments on boar 4, prevented going down chan nel by contrary minds. Arriged the Racoos Hoop of war of 18 . 00, hosts a cruize. PLYMOUtH, JULY S. Came in tio Sr:7 . n Aof Ili guns, Capt. DSH wools, from a casino, and brought in the Ameri can dap Unanity,•Captainyosarrat, from Ma nilla, laden with Aigar and indigo; bound to Cowes for orders; detained by his Majeity's (hip 0151 AV, of 36 guns, Capt. Ftrutov, and the Sy IP M Sloop. Arrived the. &Reda fhip Neutralititen, of and from Stockholm, Captain !ammo*, laden with naval fibres, for the Dock-yard ; fhe came last from Dunkirk, having put in there in diftrefs, where her cargo was landed to repair the vefrel. PORTSMOUTH, JULY 9. 4 Arrived the PaisciLLA, WITHIRS, from Gib raltar, with dtfpatches on board, from the Sex moan, man of war ; and the George, Venus, St. Patrick, Anna, Unity, Mexico, and Jenny tranf ports have arrived from Guernfey.—The Cron Prince, a Daaiih Eat Indianian, failed for Co penhagen. DEAL. JULY 9. Arrived the Sr. not vino frigate, from Gib raltar; Hawse frigate; HOUND; EUOILNE; and DiLIG sac* floop, from a cmize.—Wind W. S. W. SHEERNESS, JULY 9. Sailed to the Great Nore, the Amur', Captain &mite ; the his, Captain BILIS AC, has come into harbour to be paid ofi ; and the HOLSTLIM, Danith prize, Captain Wistieson, is to be paid off in a few days.--Arrived the Qtrasssoaouou cutter, Lieut. Fasts, from Margate. A melancholy accident happened this morning, by the lots of the Asset/ Scapa Dutch frigate, Capt. V. Vois, at the Nore.—Having got under•weigh" about eight o'clock, with a (Irons wind to the S. W. by W. in order to proceed to the Downs, the was obferved by the fpeaators from the batteries, and Come remarks were made, that the carried a great Deal of fail, and was too much by the head; the however carried fail till the came near a Sand, called the Middle, which. is about 7 miles from this place, when a leak fprung: the water coming In at the hawfe holes was dilcovered by Tome ♦omen on the lower deck, (it is fuppofed a plank in her bows had given way,) they imme diately gave the alarm, and affitlance was direaly fent down, to put in the plugs ; but it was too late, the water gaining fo fall, that in lefs than Eve minutes the was upon her beam ends, .and drifted upon the Middle Sand, where the now lies, with her yard-aims above water, and her head to the Southward.—Boats from the different Sips were immediately fent to Cave the people, and molt of them we are happy to Rate, were fortunately preferved.—By what we can learn the lots is about so who have perifhed.—Several of the people jumped overboard at the time the tjtip was going down.—The Astenscaus was an old frigate, and was going to join the other three • Dutch Chips that are coming with convoy from Ireland.—lt is to be hoped, if the weather mo. derates, that the maybe got np, as the lies di. realy in the Channel, in the middle of the Nore.-- Her Officers and Crew were put on board the It is frigate, lying in this harbour, till orders are received refpeaing them.—Wind W. blows hard. FROM LLOYD'S LIST. GLiviiirlso JULY 9.--Raft by the EMIDIII packet. Pit,trattsos, froth iiamburgh.—Sailed the Economy; Taiie, for Peterfborski Weinholdt, SCOTT, for Copenhagen t juffrow Vr sea, for Calpisi Vrow foroAlth* ; and Fader, for Stettin. ARRIVED. At Dever.-I.oey, Cook, frain Bottom At Eriftol--1 are. &Rem, from VirNiula ; and Han. era, N . ook Nan Nati Oarragt;- tt Itverponi—Two Pam from Batas; Doi - from Savannah. At P taii:l t irp t ee—Herceles, Pearce, Iran livaitooL A t I.vattin ..-- • and Eutiintsab. ---,from Cart. At _tamales—Maitland. Inglis; and Lady FAIN ftr.:. I. ..it Malcolm, from London. • Al ( bp0rti1..47.• . Hurd* from Latdoe. ' At Newt Belfry, Tltompran, faun Lnlbon ; !ran o; Seam from Dermada Lola, !Witt, Evr, from Anti c", ;Hope,Ttrclet, traw New Tort ; Genteal Prefrott, Brawl; Iran Dartmouth ; and Sptctly, Addord, from Curt. HARWICH, JULY IL The Neutral Veffel, Ross, Captain Beiturrr, from Rotterdam, with wheat for London, put into this port by contrary winds, and landed fome Eng. lilh Gentlemen pairengers ; from whom we learn, that inftead of the ftipulated number of 25,000 French troops being in Holland, there are at this time not lefs than 40,000. The Vrench march into that country 5 or 6000 troops at a time, al moft naked, and as foon as they are new clothed, the fame number are marched back to France.— There is no trade at Amfterdam ; at Rotterdam it is more brifk, in confequence of the connalion with England under Neutral Colours. Great ex ertions are made for manning the Dutch fleet, through the influence of the French ; but it is ge nerally believed it will not put to fea. SIR JOHN B. WARREN's SOJADRON. EXTRACT OP A LETTER FROM AN OFFICER ON &CARD THE soy ADiton DATED OFF ALRI•NDRIA, APRIL 13. " My dear Friend, " Ot the 4.th of March laft we failed from Ma hon %pads Faith four fail of the line ; the HAAR, LEN wifliTotne *guns on her lower deck, and the mtte tit Y . frigait, in quell of GANTHIAAIN I'S (qua dron of (even fail of the line. On the 9th, we fpoke twO.veffels, who gave us the intelligence that the Kitinitif Nui.as had concluded a treaty with the French, and that in ionfiquence they had been obliged to quit that pai; Conceiving it pof. fible, I imagine, that the aPpearance of our (qua dron off Palermo, where the KING was, might in duce him to revoke fuch a meafure, we proceeded to that port, but learned from Mr. PAGET, the Britifh Minitier, that the KING could not proted hinifelf, and mutt fubmit to the terms impofed on him by the French. The CHAMPION frigate was difpatched to Malta to order the ALEXANDER and Arm Rai Ex to join us off Maritimo. We flood for the Bay of Naplec, -where Tome Ruffian frigates were lying in the Mole : a Neapolitan frigate was lying outfide of them in the Bay, whofe Captain came off to us, for the purpofe of proteeting the neutrality of the port. Our objekt not being to in-1 volve our ancient ally in frefh difficulties, we flood back for Maritimo, where on the iflth, the ATHE NIEN joined; the ALEXANDER had left Malta a Ihort time before, and had parted company with her. On the 22d, the joined us near the (mall ifland of Galita, on the African fide. We were proceeding off Toulon, when on the 25th, in the morning, we fell in with the Salamine brig, which informed us that the French had failed from Toulon on the . igth,and were funneled to be boundfor Egypt, We Rood immediately to the eallward, -and on the Cue. ceeding morning, about ten leagues to the ERR of Sardinia, we sot fight of them at day-light. The wind was variable, inclining to calm. We imme diately made all fail in chace, and kept fight of them till night, but without gaining upon them. We continued the chace all night, the MERCURY being . aheadi but I am fort y to fay that in the morning they were out of fight. I fufpc they hauled to the northward. 1 , Knowing they had 4000 troops on board, and that BowAvAara had fent his Aid-dc-Camp Duaoc to order GARTH Eau ME to fea ; we had no doubt that their objelft was to reinforce their army in Egypt, and therefore made the bell of our way off Alexandria, in the hope of again meeting them. We' fent athore to the Iflands of Maritimo and Pantelaria lying off and on between Sicily and Cape Bon for intelligence but could obtain none. Light airs, calms, and contrary winds, prevented our arrival here till lag Sunday, when we fell in with two of Lord KEITH'S cruizers, and from them learned the lots our army had already fuftained of its General and 3000 men, and that Alexandria was not yet in our poffellion. Our worthy Admi ral alto learned the afilieting news that his only fon, Captain WARREN, a Subaltern in the Guards, was killed on the firft day. a , We joined Lord KEITH next morning,.(April 29 and found him (landing off and on Alexan dria with Leven fail of the line, frigates, &c. and Prrowei BET, the Turkish Vice-Admiral, with two fail of the line, !loops, &c. The CAPTAIN PACHA is lying in Aboukir Bay in a three-decker, with two fail of the The Cicero, CarMII, and Barton, from Demerara to Liverpool, paired Barb adoes the r Bth Maya The Difpatch, Ramsay, from Nevis, was loft the aad April, near Bermuda. Crew and part of the ca go rand. The sloop Prince of Wales,'Room, of Bar mouth,-with hate ; the brig Supply, of Whitby, with timber, from Arundel ; and a brig with iron, have been captured near Dover, and retaken by the Admiral Mitchell °and Cygnet tenders, and brought into Dover. • The hoop Hope, Covsias, from Lime to Li verpool, is got into the Pier at Milford, with much damage, after being on fhore in St. Bride's Bay. Mr. Brat:vises, Michhipman of his Majefly's (loop PI se vim, Hon. Capt. Bony as t a Commander, arrived at the Admiralty yeaerday m,orning, with an account that that veffel (which left England on the Bth of February) on her pairage to the Cape of Good Hope with difpatches, had fallen in with three large French privateers. An aftion imme diately took place, when the made a complete wreck of one of the privateers. She was about to, take patron of another, but a fhot carried away the Paso OIN'S formula, by which means fbe was pre vented from taking her in charge, and afforded the third time to efcape, and to take off the other two. The privateers are fuppofed to have loft a great number of men in killed and wounded.— The PINGUIX had not a snip killed. Having pro ceeded on h , :r voyage, the fell in with a large and valuable Swedifh Eafl-Indiaman, into which the put lonic of her bands, and Mr. Btactortaa ' as Prise-Maher, wLo has brought th e lactiimiaa fah into Plynioach. Litt, INTELLIGENCE. COURT OF COMMON PLEAS, JULY 9. HOOM AND marriat V. GARDNER. This cafe was conduiled-by Mr. Serjeant SHEP HERD, Mr. Serjeant BAILEY, and Mr. GAZE.IY, for the Plaintiffs, and by Mr. Serjeant BEST, and Mr. ST Evrws for the Defendant. It was an aftion brought againil the Defendant to recover 5501. the amount of his fubfcriptiors to four Policies of Infurance, one on the fhip Eleonora Catherine, and the other three on the cargo on board. This (hip and goods were Ruffian property. The voyage was from Archangel to London, and the Plaintiffs went for a total lots. The circnmltances were thortly there :—This (hip failed firft nu the 16t11 of Oftober from Arch angel, and on the 4th of December, when the was on her voyagt to London, was captured by a French privateer. On the Bth of December the was recaptured by a Britith frigate, the Amazon, Captain Riou, as the was going into the Tezel. She was brought to Yarmouth on the 9th of the fame month. Notice of the capture and recapture arrived at Lloyd's on the 1 tth of December. She failed from Yarmouth on the 26th of December, and arrived at ,Sheernefs on the 29th. On the sad of December a monition was taken out in the Court of Admiralty, calling on all parties con cerned to thew caufe why this (hip and cargo thould not be condemned as .enemies' property ? On the 14th of January, 18ot, there was an Or der of Council *trued to lay an. embargo on all Ruffian property. On the sift of January, 1801, there was .a Commiftion Avid from the Court of 'Admiralty to appraife and fell the cargo. On the 24th of February, 18ot, a formal Notice of Aban- donment was given to the Underwriters. On the part of the Plaintiffs it appeared in evidence, that one of them called a meeting of the Underwriters at Lloyd's, requelling to know what fteps he ought to take t They refuted to give him any ad vice how he ought to ad. He preffed them very much, and Hated that they themfelves were deeply intereftgd, and that proper meafures (hould be adopted. They at lag told hiM to confider him felf as uninfured, and to do the belt he could, and they Paid they would ultimately be accountable for every thing he did, provided he did it pro perly. It appeared that the Agent of the Plain tiffs offered to give fecurity' for tbe.parnent of the falvage, but it was refuted by the Agents of the Captors. From the fituation of this country and of Rutlia at that period, it was taken for granted from the probability of hoftilities taking place between them, that this (hip and cargo would not be confidered as a recapture, but a prize; and the embargo that afterwards took place, was the real caufe why this (hip and cargo were not re turned to the Plaintiffs, who, it was contended by their Connie', had done every thing in their power to recover back this property, but without fuccefs. Mr. Serjeant BEST contended, that the Plain tiffs had no right to recover as for a total lofs : that, had they tiled due diligence, they might have had their (hip and cargo, and been precifely in the fame fituation as if the capture had never taken place. He contended, on the authority of decided cafes, that they had no right to abandon; and, in the next place, even fuppofing they had that right, they were too late in ezercifing it. No evidence was called on the part of thette• fendant. The Noble and Learned JUDGE next fummed up the evidence, and direfled the attention of the Jury to the molt material parts of the, cafe. Among other things, he obferved, that the only queftion for their confideration was, whether the Plaintiffs were entitled to recover, for a total loft ? for, al though theymight be entitled to recover for a par tial loft, yet from the circumilances of this cafe, as they had been very properly Rated by his brother Beft, it would be impoffible for the Jury to giVe a verdift for a partial lots, becaufe they had no means of afcertaining the amount of it ; and there fore that mutt be matter of future confidera don. His Lordfhip thought the Counfel .on the part of the Defendant had laid down the law ra• ther too broad, with regard to the effeet of capture and recapture. Where a party, in confequence of recapture could recover his property again on the payment of falvage, there was not a pretence to fay he was entitled to recover for a total loft. The quellion here was, whether the circiimftance of this recapture put the Plaintiffs in fuch a fitt&- don that. they might have recovered their property and been in the lime &nation as to the - voyage, as if it had never happened? Had both parties' done all that was incumbent on them in this cafe to do ? When the Underwriters were applied •to by one of the Plaintiffs to advife him how to proceed, they told him to confider himfelf as if he were uninfur ed, and to do every thing that was right, and that ,they would be ultimately refpontible for every thing, if he acted properly. His Lordfhip thought that was not quite the anfwer the Underwriters ought to have made. For that he had the *litho. rjty of a great Judge, Lord Mansfield, who in Doug. 21 9 , and Park, 5 5 2, in the cafe of Mile: v. Fletcher, fail, " if the voyage be loft, and not worth purfuing—if the falvage be high—if farther ,expence be, necelfary—if the Infnrery will not at all events undertake to pay the falvage, dee. the tu tored may abandon, notwithllanding a recapture." There was a material part of this cafe, in point of law, upon which his Lordthip made a number of obfervations. It appeared clearly that the Em bargo laid by the 11+411 Government on all RuThan property within the ports of the Country. was the reason this %Tire' and her cargo had not been tutored to the Owners. Now it might be matter of very ferious confideration, whether, con fidering this Embargo as the caufe of the lots. a Britifh Embargo could be available to a foreign fubjea to . infift on the payment of a Ws that was the confiquence (.1 it ? Perhaps great doubt might be entertained, whether a Foreigner could maintain an /Winn ii. a Btittill Court •of Jutice, againit a Britith fub:....t for a lois which had been mentioned by an embargo laid on by the WWII% Government." The Jury found a Nrerdia for the Plaintiff for the whole of his demo's). .;- • - COURT OP MVO's bgNCH, JULY;. lIIINNET V. WOOLCOT. This was an adion brought by the Plaintiff, Whit had configned goods up to London to a Mr. Foa, in Surrey-road, Blaadriars, which were marked with an X. and numbered 41 and 43, but without any direction, again ft the Defendant, the owner of the waggon, which inns at the Swan at liblborn bridge. ' It was clear that thegoods came from Sherborne. and arrived in town; that they were fent by mif take to a perfon of the name of Putfe, in Cloak lane, who had made enquiries for goods feveral times before, and raid he expeded them; they were afterwards taken from Mr. Purfe, on its be ing difcovered that they thould have been fent to Mr. Fbir, to whom other confignments had been made by the Plaintiff, Mr. Bennet, to fell for him by Commiffion, &c. It was pofitively fworn by James Broughton, the porter of the Defendant, and corroborated by the carter, that thefe goods in qiieftion were ac• tually delivered to Mr. Fox himfelf, at his houfe an Blackfriars•road. On the other hand, it was pofitively (worn by Mr. Fox, who was releafed from all liability to this lofs by. the Plaintiff, and who was thereby a competent Witnefs, that he never received the goods in queftion; and that when the porter of the Plaintiff came for payment of the cartage of No. 38, which had before been delivered to him, he refufed to pay until he (Mould account for the two bales in quellion upon which the porter laid, " he believed in his c onfciente they never came up from the country at all." Mrs. Fox and an apprentice of Mr. Fox, (wore, they heard the porter, James Broughton, fay thts to Mr. Fw:. Mr. Fox during the trial was ordertd to fetch his books, which he did, and fubinitted them to infpeetion. So that the queftion clink to a point, namely, a quellion of Credit—." Eitbet that the porter, James Broughton, had committed perjury, or elfe the three other witnetres, Mr. and Mrs. Fox, and the apprentice 'of M r . F o x, w h o had no earthly intereft in the cafe, had committed that crime." Lord KENYON, in the courfe of an able charge to the Jury, pointed out the material part for their attention, making moil fuitable obfervations as he went along, and leaving the whole aafe to them to be decided. Verdict f i r the Plaintiff—Damages 641. las. SIORTINIIIL V. STOCK. The Plaintiff is a gun-maker, living in Meet flreet, the Defendant a chymiff on Ludgate•hill. This was an anion for goods fold - and delivered. The original debt was 1361. 16s. for guns and pit tols delivered to the order of the Defendant. Two fums had been paid, fo that a balance remained of 531. 35. The defence WM, that true theft suns And pitiols were ordered, and thefe turns of money paid on account, and that the balance remained as bated by the Plaintiff, but that the•Deferidant did not order thefe arms for himfelf, but for ano. they, as his arm, for Captain Denton ; that he named Captain Demon as the Principal, at the time of ordering the goods, mad, Therefore, it was contendetlthat the Defendant was not aafwerable, he having named his Principal. To this it was admitted that the Law was fo, in general, but not fo in this particular cafe, becaafe this was not, al. together, the (late of the fad. It was true, indeed. that thefe goods were purchafed by the Defen dant for Captain Demon an Officer in India, and he Paid fo to Mr. Mortimer'F Brother to whom he gave the Order, but Mr. Mbrtimer, the Brother of ihz Plaintiff, exprefsly Paid, they would not truft Mr. Denton, and adtually refuted to execute the Order, unlefs Mr. Stock, the Defendant, would be, himfelf, anfwerable ; and be undertook to be fo, and the entry . was made acco r di ng ly i n t h e Order Book. Afterwards they delivered theft goods, and received flans of money as they were remitted to Mr. Stock from India. where Captain Denton was, bat this the Plaintiff accepted, to oblige Mr. Stock, for he was a very good cuffomer, but the Plaintiff always looked to Mr. Stock, he never having given credit to any body elk. This was proved by Mr. Mortimer, the Plain. tiff's Brother, who is now his Partner, but whO was not fo when this caufe of :talon arofc, nor had any intereft whatever in the profits of this tranfaelion. It was contended on the other fide, that the agmment was to wait for the payment made to Mr. Stock from India, and that if there was any lofs the Plaintiff was to bear it. The.cafe, it was laid, could have been proved clearly by st perfoa who was the Sbopman of the Defendant, but who was gone to America. There was an Apprentice of the Defendant, who was prefent at the convex-- ration, hut whether he he a rd th e w h o l e o f it, the Counfel Paid he did not know, he would try. This Wirnefs was called, but he laid he heard the con verfation between his Mailer and Mr. Mortimer. but be did not recollea the whole of it. The De fendant's Counfel (aid, the Wands did veiy rightly in filing fo. Lord - ICaavon Paid, there was no doubt that the verdiB fhould be for the Plaintiff for this balance. —The parties were both.refpeaable perfons, he believed. Verdia for the Plaintiff—Dirnages 531. 3s. OLD DAIL!' Y. • Yeßerday the Conrt met for the purpofe of pro. ceeding to the trial of four perfons, who were charged with felonioufly receiving certain Rolm goods Tome time lime 3 the confederation of the cafe WAS expelled to occupy the greater part of the day, as Upwards of 40 Witueires were prepared to be brought forward. However an affidavit beim pot in of the abfente of one of the moil maters4 NI/knel t *, who it appeared, was arreßed the night , before, accompanied by a tequeft. that in con. fequence, the trial might be fu Bred to Rand over till next &Rion, the Court, who were of opinion that the ends of Jußice would not fnifer thereby. contented to the reqnifition. The trial was ordered to Rand over accordingly, and the Court adjourn ed until the fotttecuth day of September next.. •