Star. — London, England, 1802-11-22 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DAY.—WIND Eaft. aaitirto• DM 2 Dublin, s s Waterford 2 I Haniburgh .0 1 French 0 A Dutch • p, s movTn, Nov. 2o.—Arrived the Pearl, Coke, from Bit boa; Gatcom'),--, from Newfoundland ; :.n4:l the Coke, from mA r ....—Sailcd the Concord frigate; Renard ; Hunter ; a nd Shark {loops on a cruize. polursmouln, Nov. 21—Arrived the Guftaff, Bargefon, fru:Stockholm REMAIN AT SPITURAD: 8 f Admiral Mfr. am; 9 t Capt. 0. B. DRURY 80 Sir R. STRACUAN r.S Capt. SUTTON 36 WILLIAMS 36 •••••• CUMBERLAND 32 STILTS 32 ••••• VA:ISII7AR? Lieutenant GUYON. lleptnne Donegal Amazon pryad AI. male Nl.Ocienne s;ariici (gun Vtffel) 1* *ARBOUR. .. Hercule 84 Capt. FERRIS . . Loire 44 —•• MAI [LAND riamon d - ---- F.LPHINSTON* • 1-1,1r4 • 3 3 6 Hon. Capt. Panei Lc da , - - 38 HARDT Ai olla - - 36 DIXON Alarm . . 32 ---. PARKE* DeterMillee • 34 --.- Bacaut Alonzo . - z 6 .—.-- FAU MINOT& rhinos - i 6 --. RAYNSTOR IS liElbrook i 6 Lieut. Szaacte Cenfor, gun-eel - ATCHISON. DEAL, Nov. u .— Came down the Arrow Hoop of war, from g htan d,....Wiod S. E. G R AVESEND, Nov. 21.—Pallhd bt the Nein*, Wilton; and rb er ty, ----, from Memel; Diligan,-o%—, from Ferrol; and Triumph, ---, from Ro.te2dam. ARRIVED Off Dover, the Princeisti Weise, R ley, ftom Faro and the Tamer, C.ornelly. frost Malagao-;At Hull, Apollo, Rowles, Amnia, Boyce, John, and Rua Company, Robinfon, from Feteriburgh.--At Leith, Mary, Dempiter, from Pe tufborgh..—At ,Havre, Adtivity, —, from Virginia.—ln the Tad--Jolly Bachelor, --- from Archangelo.-At Do ver, the Terpilchore frigate, from; Jamaicao.-At Jamaica, the William and Henry, Duell, and Reliance, Alien, from Lon don; Mille, Mills, from Cora; Intrepd, Hutehinfon and Win Tradir, Manlove , from Liverpool ; Brothers, Hart, from New Brunfwick ; Brothers, Willoughby, Betfey, lad Maria; —, from Africa. DISTRIBUTION OF PRIZE MONEY. La Minerve, for the captain of the cargo of the Dania !hip Frau Catherine, will be paid on Wednefday, the aft day of December neat, et Na 9, New Broad-ftreet. A diftribution for the Cofmopolite, will be made to the (loop Swan, and the Kordy, Fury, and Terror gun.treffels, at No. ti, Ceell4treet, Seery lbws:ding Friday. The Soap Dart,. for the eataure of the Kaufhandel, will he paid at Na 2, Little Scotland-yard, on Monday the aid What ; and alto for the Rote= and cargo.. The cutter Pigmy, for the capture of the cargo of the Ot toman ;There St. Michele, will be paid at N 0.9, Neer Broad beet, on Wednefday, the aft day of Decembet next. The Gieyhound, for the capture of the cargo of the Greek vitae St. Nicole, will be paid at the fame day and plgee. The Noy Kite, for the follow; prima, the Anton Harman, the jeffrove Catharine, theism upon her arrival &Leith. To the Amethyft, for the captdre of the French (hip la Mo fie, a diftribution will be made on her arrival in port. La Nymph, for the capture of the fame French (hip, will be Paid on Friday, the 26th bd. at Plymouth. The Sirius, for the capture of the French flip Favori, will be paid on Friday the 26th init. at Plymouth. The Indefatigible, for the capture of the fame French !hip, will he paid it the fame time and plate. Th; Betfey, Ridley, from Petertburgh fOr Imstion, is brought into Yarmouth Roads, after being On Hadbro' Sand, tad dderted by the crew. The Santos Maityde, Gomz, from Peterlburgh for Union, is on Sore on the COaft of Sweden. Sunday fennight arrived in Leith Roads, his Majefty's 'hip laicidde, Capt. R6i2I4IIAGZW. The Mary, Dzursrut, we are happy to announce, rarely %mud on Tuefdaz night In Leith Roads. She was a miffing Rip. By the William, arrived at Magee, the rsth instant, from Offittindand In Norway, *MA port the left oft Thurfday the I ith, we have received accounts of . the lots of the Mary, of Dundee, Captain Henna it sox,. at New iiillefound, Norway; Ind reports the Iletfey to be run down and totally loft in the Csttegatc. The brig Tay, Knox, maker, bound to Sligo with a argil at (agars, he. over in Greenock harbour, on the night be. tvirt Friday and Saturday tali, and damaged part of her cargo (particularly the fugars) which is now rebinding to afcertain the The Jain and Better, Capt. Psalm jonarsON, is Irrird at Ile Rofs of Kirkcudbright, from Memel, for Dumfries, with timber. A ktter from St. Peterfbargh, dated ath Ge.fays—" We here continued weflerly winds, which prevent Slips from fall- i ina., One hip, that failed about a month ago, is , not hrring been able to get out of the gulph, and has beef 1. Wan back to tionftradt. The price of goods The Dutch (hip Philadelphia, Captain Matzen, for Cornea, Med co Friday from Spithead, having completed her repails. A letter from Liftsen, dated 3d November, faysa—" The Orme Brooch, Williandon, that failed the xoth oftfor Greenock, nib mike, is put back with damage, and the weather is fet kidding% and blows hard at north wee The 29th of this month the Englifh State Lot , tor! begins Drawing. ) SCHEME. s a £ 2 .5P° O 8 of £SCO 3 of 10,000 as of ICO 3 of 9:00 44 of Sa 6 o f Tom & 9.40 0 of l),_ ___f I, N. Only 32400 Mauls bib:ad oo,ouu. The Tickets and Stamped Shares that may be entitled to the above Capital Benefits are on Sale $t thcaoLsores Fortunate Office, No. 16, Corn hill : where, in the prefent Year, Two Prizes of 2 3.0001. and 5 , 000 1. eac h, were fold, divided into Shares, and one of 200 01. in a Whole 'ticket. , ,• • 4 Be careful to fee that every Share is figned by tie Public's moll obettientanttnna obliged hum. 14e fervant, W. NICHOLSON. The extraordinary fuecefs of the Houfe of RicKAlnsoo, Coomuct and Co. by felling the Firit Drawn Capital Prizes in Shares, is truly altonifiling. In the State Lottery, 1799, they fold No. 2 6,803, a Firft Drawn Ticket, entitled to 7 hirtyThoufand and Eighteen Pounds ( the great& Prize ever divided in Shares). In the prefent year they have elk fold No. 48,752, # Firli Drawn Ticket, Prize of Twenty Thoufana Pounds; and L 1 4 0 , . 7105, another Firtt Drawn Ticket, a Twenty 11 ° 41 and Pound Prize, both in glares ; likewife r`o• 48,318, a Prize of Twenty Thoufand Pounds, `a a whole Ticket. As RscHAIDSON GOODLUCE, and Co. are in fo Rich a Vein of Luck, the Public Li* Mt ILLIORArcz. COURT OF KING'i BENCH, NOV. ao. THE I[lllG V. GIBBONS. The Defendant is the printer convhted of pub- Ming a libcl On Captain Shuttleworth, by print mg a hand-bill, wjiich was hawked about the ftreets of Wapping, purporting to be a particu lar account of a bloody murder committed by him on a boy on board his 'lip, and upon which charge Captain Shuttleworth has fince been tried and acquitted He put in an affidavit hating that he was originally a copper-plate printer; that he could neither read nor write ; that he was obliged to depend folely upon his compofitor, and that he was utterly ignorant of the tendency of the hand bill which had been found to be a libel. The LORD CHIEF JUSTI . CR obferved, that this fuppofition was excluded by the fads of his having Paid to Captain Shuttleworth'slriend, he had bet ter not ftir in the matter, as it would only make things worfe, and by his having afterwards pub- Wised a fecond edition of the hand bill more libel lous than the firft. Sir NASH GROSE then delivered the judgment of the Court in thefe terms—" George Gibbons, you are here to receive the fentence of this Court, having • confeifed that, for the purpofe of pervert ing the law and juftice of the Country, by influ encing the minds of thofe entrufted with its admi "hillration, and to procure the death of John Shut tleworth, accufed of a fou,lmurder you, before his trial, printed and publithed a falfe and mali cious account of the fads which conftituted the charge againft him. How well you fuppofed this libel calculated to anfwer the pirpore for which it was intended, the trouble you took in extending its circulation fufficiently proves to us. The occafion on which you publifhed it was that of a perfon in cuftody for the molt dreadful of all crimes, the death of a human creature, and your attempt was to enforce the belief that he was guilty. If there is any one thing in the inftitution of the Trial by Jury more important than another, it is, that the individuals who compote it fhould meet perfectly unprejudiced,and, if poffible,perfeely unacquaint ed with the fubjee they are to try. However de firable fair and impartial publications of judicial proceedings may be, when all parties have been fully heard, certain I am that nothing can have a worfe or more dangerous tendency than carat* information, when the iccufed can have had no opportunity'of defending himfelf. Your offence is, however, of a much more aggravated nature than the one to which I have 'referred ; for you have publilhed, and induftrioufly circulated a libel, the avowed (Nee of which was to prevent the courfe of juftice; and to procure the conviaion of a man for murder, who has fence been acquitted of the foul imputation. If fuch had not been your con feffion, your malicious intention would have been but too manifett, from the nature of the libel itfelf; and by refufing . to give up the name of the author, the fuppofition is natural, that the author was no other than yourfelf. Your behaviour afterwards to the profecutor, when you told him, if he interfered in the bulinefs he would only make it worfe, is an additional aggravation of your crime. If you had not confeffed on the record the motive by which your miad was aeuated, one would hird ly have believed that any town could have commit ted fuch an offence. On which of the human paffions your delinquency is founded it is difficult to account, but of this your own confcience may inform you • and it is to be hoped that, during the remainder of your life, you will endeavour to make forme atonement for your paft conduct. To you may be juftly applied one of the fentences in your Own libel—you fay, g This infiance affords a proof that the favoured image of man is capable of ads of the utmoft depravity and malice.' Such is truly the character of your offence. To prevent the repetition of it hereafter, and to preferve the inftitution of trial by Jury uncontaminated, the Court doth order and adjudge that you, - George Gibbons, be imprifoned, and kept to hard labour, in the Houfe of Correction, for the term of fix ca lendar months, and that, within that period, you hand once in and upon the pillory for one whole hour, between the hours of twelve and two, in front of the crofs ftreets at the Seven Dials." • He had allowed Judgment to go againft him by default. THE KING V. GOODWIN. The ATTORNEY-GEm sem. moved for judgment againft the defendant, upon a conviction for per jury, in a profecution againft Itobinfon and Hart, two fmugglers, tried at the affixes for Maidftone. Mr. MARRIOTT addreffed the Court in mitiga tion of punilhment. The ATTORNEY-GENERAL, in a fpeech of con fiderable length, inveighed againft the prevalence of the crime &Perjury, and called upon the Court for the utmelt fevetity of punifhment. The defendant was remanded, and ordered to be brought up again this day week. The Attor ney-General's remarks shall precede-our report of the judgment pronounced by the Court. THE KING V. WINTER. The Defendant was convicted at Maidftone of having naval ftores in his poffeffion. This is the Gentleman who, when in Court, begged for mercy on his knees, and boafted of his loyalty and his fevices to the Goiernment. Sir N. GROSE thus pronounced the udgment of the Court —g , Thomas Winter, you havebeen convicted of the offence of having in your polTef lion a quantity of naval ftores, which you muff have known could not have been legally obtained by shore from whom you purchafed them. That Gad men, in the employment of his blajefty in his- Dock-yards, make a conflant praeice of embez zling filch articles, and thereby greatly increafe the public debt of the country, is but too noto , pious, and that others equally as bad, encourage them by receiving the articles ftolen, is as true.— The magtude of the punament for this offence, one would think fufficient to prevent the cons miffion of it; yet, notwithftanding the feverity of the law, offenders teem to =creak. Finditi that en teeeivers of (tole*. goods, namely** tranfporta tion for fourteen years. It is highly . necelTary this law should be promulgated. frfeems from the evidence, that you are by trade a bricklayer, and alfo ad as a carpenter in the eretlion of houfes of your own. In one of thofc hqufes it ap pears you employed new nails with the King's mark on them, and you admit you purchased them of children. No man who lives where you do, could dottiat as to the place from whence fuch articles wert taken, and to buy them of children, • is encouraging them in a pra6tice which mull Ul timately bring them to ruin. The Court has taken all the circumflances you have alledgt d in mitigation of puniihment into its confideration, and it does not inflia on you all the severity of the law, but orders that you be imprifoned fix months in the county gaol at Maid flone, and that you be placed in and upon the pillory, for one hour, oppofite the Dock-yard, at Chetham." As he went out of Court, he implored that his fentence might be mitigated, and that he might not be pilloried in a place where he was fo well known. , MANDAMUS. Mr. WOOD obferved, that they were all in great confufion in the town of Berwick upon-Tweed, as the late Mayor was at Edinburgh when the pfe• fent Mayor was chofen, and they did not know whether, from the abfence of the prefiding Officer, the Eleaion was not invalid. To try the queftion, he moved for a mandamus to the Corporation to proceed to a new Elation ; but the Court, as a preferable method, granted a Rule nifi for an in formation in the nature of a quo warranto again( the prefent Mayor. COLLET AND . ANOTHER V. LORD KEITH, This was an act i on brought by John Collet and Anthony Butler, Owners of the (hip Argonaut and her cargo, again[} the defendant, the Right Hon. George Lord Keith, for damages, on account of the defendant's having feiZed the raid fhip, where by the became wholly loft to the plaintiffs, toge- . ther with her cargo. The defendant pleaded the general iffue of Not Guilty, and five other pleas, by way ofjuttiScation. of his conduct. The fubftance of them was, "That at the time of taking the faid !hip, the Cape uf Good Hope was in the poffeffion of the King of Great Britain by conqueft ; that he was the Com mander in Chief of his Majefty's naval force at the Cape, and that he had reafon to fufpeti, and did furped that the faid (hip was about to carry on ' correfpondence with the enemy, who were exped ed there ; that therefore he feized the faid fhip for the prefervation and fafety of the fettlement, that is, in thort, for Rate neceffity, as it was lawful for him to do ; that when this feizure took place, there was no new code of laws given by the Bri. tiih to the fettlement, and therefore the old Dutch laws continued, and that he fubmitted the caufe of the detention of the fhip to a Court of Juflice at the Cape; that for the purpofes of Rate neceffity, he in conjunition with his Colleague, Sir Charles Craig, laid an embargo on all (hips at the Cape of Good Hope, at. this time, and that he kept and de tained the faid Chip under the authority and pro ceedings of the faid Court of Juftice, until by the negligence of the plaintiffs the was loft." This was the fubflance of the noble defendant's juftifi cation.' To which the plaintiffs replied, that the defendant feized and detained the 'faid (hip of his own. wrong. There was another plea, Rating that the defen-. dant detained the faid fhip as an illicit trader ; but which plea was not juftified by the defendant. The fubftance of the cafe was this—ln the year 1796, the plaintiffs being the owners of the (hip Argonaut, Collet, one of the plaintiffs, commanded her as Captain, and failed from Philadelphia to Europe, with a cargo of flour upon freight, arrived at Breit in July, and went from thence to Bow - deaux. She proceeded to Madeira, there took in a cargo of wines and brandy, and fome Britifh goods, and proceeded on her vgyage towardstheEaft Indies. On the ad of Anna thearrived at the Cape, where the Noble Defendant was the Commander of the Britith Naval force. She put in at the Cape, with intention, as the plaintiffs contended, of flaying only four or five days, while they took water and fome refrethment, but which my Lord Keith full Need to be for the purpofe of giving information to the enemy, and making nfe of her neutral cha. rafter for that purpofe, another flip having done ' fo the preceding day, and Admiral Mitchell r s fleet, as well as Richerry's,being hourly expeaed. When the (hip came in, an Officer came on board the (hip immediately, to examine her papers. On the 3d of Auguß Captain Collet cent on chore to go up to Cape Town, and in the evening of the fame day about fix or (even o'clock, there came a Midfhip man on board, together with a corporal and eight marines, for the purpofe of preventing commu nication with the fhore. The (hip was removed on the 4th into another part of the harbour, and continued under the care of an Officer fent by my Lord Keith. She was continued always under fuch care, nor was the Captain, after he came back from (bore, permitted to go on board the Admiral's (hip without a guard. So that there was no queftion upon the fetz;ng of the (hip by the defendant. She was iremoved by order of my Lord Keith, out of a place in which (he was, and where the mutt have been blown to atoms in cafe a french or Dutch fleet came in, and placed in a fltuation intended for her fecurity, where (he was kept for fome time, and after tome correfpondence k place between my Lord Keith and Mr. col let, in which his Lordfhip raid, that none of the treafure . fhould be taken from her, but that what t.oo ever might be wanted for her proteition and fafety, ?o r . Collet might have, for asking ; but Mr. Col let abandoned the (hip, faying he would purfue 'his remedy for an illegal detention of her. Lord Keith faid, he would take the whole charge of the care of the (hip upon bimfelf, provided Mi. Collet would, by writing, rilinquifh her, which Mr. Col let refufed to do. Some time afterwards the was loft liy means of a tempett. lifter this an aatea..was brought, the title of . _ the tirt* of the 106, which happened in this cafe, the Chip was under his 4..ordfhip's rettraint, and, he being the reprefentat;ve of the . King of Great Britain at ibe Cape,. the, Chip was proved to he under the restraint of Princes, which. being a rick within the.potcy, put an end to the queltion Upon that iffue. It was now pin Pored to read the evidence given by my Lord Keith, on the trial of that iffire, to prove the plaintiffs' cafe in this, namely, that he had detained the !hip longer than was juitiriable, whereby fhe was loft. N. Mr. GAR ROW, Mr. Arista, and Mr. PARK, con tended, that this was evidence not to be received, for that it was improperly pbtained, his Lordfhip being made a witnefs on the trial of a crane- be tween two perfons who were iir'angers to him, and afterwards the teftimony he theit gave, was. to be turned againft himfelf in an aalon for the lois of the !hip by his means, when he only detained her from a fenfe he had of the intereft of his country. That evidence, thus obtained, ought not to be re ceived; his Lordfhip ought to have been put on his guard before he gave his evidence, and told that he was not bound to fay any thing on that occation, that might fable& him to an ;talon.— That his Lordihip, if he had been fo cautioned, might have accompanied his evidence with fuch explanations avasight change the effect of it en tirely, with regard to the reasons he had for fuf peaing this veffel to have been intended to convey information to the enemy at the. Cape, at the cri tical conjunaure when fhe entered that place, and when he feized her... That his Lordfhip prefaced his evidence, in that cafe, with Acing permiffion to explain the nature of his lunation at the Cape at that time, and to juftify his condua, when he was told by the then Chief Juftice of England, it was unneceffary to do fo, for that all the world were prepared to teffify for his Lordthip in that refpea. Lord Ketivom meant only to convey what he felt in common with all his Majefty's fub jeds, the moll unfeigned regard towards my Lord Keith for his condua as a gallant Officer, andiar ticularly at the Cape. My Lord KEN YON had no idea that the evidence which my Lord Keith then was about to give, was to be taken down, for the purpofe of being read in -evidence in an aaion againft himfelf ; if he had, that Noble and Learn ed Chief Juftice would never have fuffered my Lord Keith to open his lips, without warning him of his,danger; but for want of that fufpicion, Lord Keith was not only not defused to explain every thing, as he gave his evidence, but was hindered from doing fo, and that which was only intended as a compliment to him as a gallant Officer, bad the effea of fubjeding him to an aaion. Under thefe circumflances thefe Learned Gentlemen con tended, that this was not tetlimony either fairly obtained, or freely given. If my Lord Keith had been told, " there is a short hand writer at your Lordfhip's elbow, taking down what you fay, for the purpofe of proving it in an action which will be brought againft you, for detaining the chip in queftion," his Lordlhip would then have taken care to explain, every point as he went along ; inftead of which, by an intended compli ment, mot finterely paid by my Lord KENYON, my Lord Keith was really prtyented from giving any explanation of his condua at the Cape. For thefe reafons, the Learned Gentlemen fubmitted, that this evidence, given by my Lord Keith in another caufe, fhould not be read in this. Mr. Juftice La BLANC over ruled this objeaion, obferving, that it applied only to the degree of weight to be given to the evidence under fuch sir cumtlances, and that was a point deferving of con fideration with the Jury ; but it was not any ob jettion to the admiffibility of the evidence—which was therefore received, and read from the Notes taken by Mr. Gurney, on the trial of Wilfon againft Maryat, in 1796 ; by which it appeared that my Lord Keith had done as was expreffed in the pleadings on his behalf, but his Lordthip's mo tives for what he did, of course did not appear, for the reafons afligned by his Counfel. It ap peared afterwards, that the Embargo which was general upon the !hips at the Cape, was taken off, and other !hips, bound as this was, to the Eaft In dies, were permitted to fail on the Bth of Septem ber, but the Argonaut was detained. There was no queftion on the propriety of the firft feizure of this (hip by his Lordfhip in the firft inftance for State Neceflity. The only queftions were, Whe ther his Loicbhip feized her a fecond time impro perly, or continued the firft feizure after the caufe of it was at an end ? The trial 'ailed upwards of five hours; the Jury retired, and after a deliberation of about three quarters of an hour, brought in a Verdia far the Plaintiffs, laying, " We are agreed that, in the firft part, Lord Keith was jullified in what he did, but not in the fecond." Mr. Juftice Lx BLANC—" Then you are of opi nion that he ftopt the (hip at firft on the ground of State Policy,•which was afterwards abandoned ? That he took off the embargo, and then detained her as an illicit trader, in which he was not juttified ? .. 44 Yes." "That my Lord Keith at firft feized and de tained the Ihip from an apprehenfion of danger to the fettlement by communication with the enemy, and that after the embargo was taken off he had detained her as as illicit trader ?" The Jury faid they were fatisfied on that point, becaufe it appeared that the embargo was taken off and other chips were permitted to fail. That my Lord Keith never took off his reitraint from this Ihip. . 4 verdi& was then entered upon the general iffue and two tail iffues, for the plaintiff, and all the reit of the Record for the defendant. Damages to be computed out of Court, by an Arbitrator to be chofen by the parties. , The Death of a Mifer was lately announced in an American Paper thus On Friday lad died _ . Jofiah Bramtree, of Beduington, at the age 0198. He retained his money to the laft!" A few Aart fume the young wife of a man near. • V C • ' M gt C 4 ie M iss It. •