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

r NAUTICAL "NTELLIGENCE. MAILS THIS DAY.—WInd S.S.E. DVI Hamburglt 0 • MlA's • Waterford I • Doosagitabee CORK, IqY d. This day arrived his Majeily's Ihip dutamoaa, Captain Tateoi, from it crude, having recap tured four Weft Indiamen which had been taken by le Braave trench privhteer, viz. Vine, Haw- LAND, from Martiniqde k the Weft Indian, Su aa pOll, from St: Vincent's ; Cecilia, Oat itia, from Charleßon ; and Viaory, Platoc x, from Surinam. The Braave was at one time Within gun ihot oft the Gi.ssuoite, but made off. This privateer mounti 36 gitbs, tome of which we underhand are 3 6 p o unders; and is a remarkably fah failing Veal- FALMOUTH, JULY 4. The Lain Rastas packet, which was 'to have carried out she American Mail of the prefent ' m onth, being withdrawn from,the Poll-Office em: ployobe MALT packet is appointed to that fervice-, orders for their tithing are expeaed by every tiot,, PAINCES. ELIZABETH packet is waiting f a i r w ind, with the Lisbon Mail of the IR inftant. YARMOUTH, JULY 6. NILEi FISHER, and RACE-HORSE f rom Deinutura, arrived itf the Roads yefterday evening, being part of the Well-India C:onvoy,' from which they parted in a gale df tvi4,l, and tame Noah about : others are in fight.—A great many paffengers are landed here ftom the Nita and Raea-Hoass. The Hon. Mr. Cusr and Suite are arrived here, to embark on the packet fur Cuxhaven. , • 'tom LLOYD'S LTST. The Ot4ra7, Haunt, from Jamaica, is arrived at Liverpool in 28 days. NAL, JULY 6.—Sailed the Qjirs a* cutter, with the Oporto !hips for the Northward, and the Ra il* Hoop, with a convoy for Falmouth, which are failed for the River.—Wind S. E. -Gast tstaD, JULY 6.-Paffed by the Three Bro. ther6, Hogg; Felicity, Stonehoufe ; Paxton, —; Hazard, Tate; Frederick, Vickerfon ; Commerce, Irandford 6 William, Sanderfon ; Ocean, Thomp fon ; Rover, Redparh ; and Hope, Brooks, from Oporto: Hope, Weil; Nonpareil, ; Bee terre, Soper t Calworth, Hopkins; and Adamant, from Demarara : Lady Jane Halliday, Rofs; and Alexander, Williams, from Montferrat : Ruby, Wales • and Speedwell, Mead, from ,Tri aidad Faithf ul Sally, Love; Dykes,.-•—t Ad venture., Finley ; Leviathan, Friends, Groves; Efperanee Lamont ; Wm. Pitt , Moocaf and Duckingfield, darr, front Martinique: Diann, Wilton; Ballasts. Crofts; andidary, Blakey. from Snriniun : Mary Ann, Brand, from Berbies ; St. Vincent's, Johnfon ; Matthew, --- ; Ealing Grove, Spite ; Eclipfe, Row ; and Rofina, Pier. cey, from St. Vincent's; Holdernefs, Dixon; Fortitude. Aiken ; Liberty, Litfon ; Blackburn; Prince, Willer; Harvey, Brown; Cotton Planter, Young; and Thongs, Douglas, from Grenada ;Duke of York. Burnett; and Ba wick, Welfh, from Barbadoes; Role. Young, from St. Pitts; 'fruity, Anderfon, froitn Jamaica; tune, Donald; from Trinidad; Patriot, Stran=d; Prince of Wiles, Trew; Princcfs Amelia, Lae; and Aagulia. Wood, front Antigua; Glamorgan. Sale, from Tortola; Boddington, Seal, from Ne vis; Livel7, Robinfon; and "cabala, Robinfon, Croat Berl:ace; Amphitrite, --, from Del:n=2ra • Cove, Baird, from Tobago; Farmer , --. from ; Virginia; Thetis, Fergufon, from Bourdeanx; Sampfon, Adamfon ; and Friendfhip, Nicholls, from Ncw York. Ar thiceno4datia, Harvey, from Surinam; MAW, Pat tarkor, hem Dunarara ; Duke of Clarence. Auk hum NM' ; Lerbdiras. Thernreas mid Ed" Risdolk, from Martinique. bidtstariara...iimps. Web; Cause* 1408 ;, ii.u . 114 h Deal t=i; uel sad Jsae. I +al Lia o froma ; jimermi MA; haiions, Vredes Mu% M ; ModitwormomPrairat. Mitchsil ; and Genoese Mom. Sin flak, from Surinam& Catharine, hum Trinidad; Por thole, Coin; ema New York; Cumbethmd. Ifimfoy, from Boom; faun St. Vinecat's ; LOUR ; and Miry * brew* from Antigua; Wis. Pitt. Purewa, from Mardak l aa; Dipap. filiLap; tad Anna. Ilhelhoaran To bias; Lad lathilliaraa. Maurice, hem Ilya Prirriatmes; Gear. Nods, hem Sauk Carolina ; Praaßisri Bram ; WOW, Maniples ; Friendihip, ithhousi Oman, Tboropfes ; Kin s ik s . pl a ann ; Abeosa. Emu; CrimMone, - HellPseket. Menem ; Yam Seen; - Moeda*. Nowa; Zw i cky?, --; Mediator, Mit -441; Nensune, Ley; and Sparrow, with die reit of the &et from Oporto. At Liverpool—Pitt. Towers; sad Swab. GM. km And ra; EuroPlL.Haumlogr. hum Martisice; W e lt "mama; Alice, Sayer, ism ; natt y, St. Kitt'.; freellie=; Daiwa, Walker, frlm Samoan Mcrcury. Domnra= 7 . ' late ftlqqa ft tads; The llsols=l, from s ike titi" OaSS; aul Maim. from Orono ; 11661.11.111ohaltiss.Oteses sad Dim, firm Marabrignej Whersi sad Com merce, hum Tosedei - 11/0 1 .1 6 . pw err. Muting firramm„ Hamar. SKIM 1110.1 1 .1 Bassi We* ft." •••-•• 1 ad AK Aka* 6 . 11 " 11 . 1 _Me m. Sal. hoe Bui ItairalAkskelm Ckgew "alai Maury. — ;thane lom sad Adrime. (me Dernarara ; O p, Twee, hem Wallah sand New kik% --• trio La Virtu, —, from Oilmitar ta Gram, is taken, after a long engagemeate 'aid carried isto Malaga. The Union Nand,. Dolmas; and the Sally, —. from St. Vincent's to &Hid, are captured and carried into Porto Rico. The Refolntion. WIETWALL, front Penfacola and Mobeile. for London, is taken and carried into Jamaica.. • The Edward. Coax um. tropi c 01 to Afri. € 4 is 'Acts amid carded into T • ntriaziammi. cbuaT OF ZOO'S BENCH, JULY 4. _ • DURAND NI. NYKILE AND ANOT4ilk. Mr. ATTOItIIIY Gametal. obferved, that this was the la& fpeech, eonfeffion, and dying words of the Bankruptcy of John and Thomas Steele. It was an iffue feet by the Lord Chancellor to try whether the bankrupts were indebted to Mr. Du rand in the fum of tool. or upwards, prior to the stli of January 1789. ' From the evidence of Captain John Steele, and of his brother, Mr. Thomas Steele, as well as of (everal other Gentlemen, it appeared clear that the Meffrs. Steele owed Mr. Durand upwards of k 3ool. prior to the year 1789. Mr. ERSKINE, on the part of the Defendants, ob ferved among other things, that this cafe evinced 'in a very finking manner the neceffity of a refor mation in Tome part of the Bankrupt laws. Five 'Commiffions had already iffued again( there Gen tlemen, in confequence of which moft of their rub ' fiance which ought to have gone into the pockets of their creditors, had been wafted in litigation. The Jury found a yerdidt for the Plaintiff. JULY 6. NATISON V. NARTSINCIS AND ANOTNIR. Mr. EISKIVIR ftated that this aeltion was brought wind Mr. Hartfinck and Mr. Hutchinfon, two of ' the partners of the Security Bank, on a Promiffory Note for tool. but which, including • interelt, amounted to 1171. cos. Mr. Playfair, the other partner, had allowed judgment to go by default. The two Defendants had pleaded they were Bank rupts, and had obtaiued their certificates, which they let up in bar of this anion. Thefe three Gen tlemen conftituted the firm of the Security , Bank, which was never in very high reputation in this country. The Counfel believed that perfone who were heft acquainted with the principles of com merce thought the facility with which people were delivered from their debts after they had involved many perfons in ruin, was not only extremely pre judicial to the individuals immediately concerned in it, but that it was extremely detrimental to the great interefts of commerce themfelves. lilac could (hew in this cafe that the certificate of the two De fendants,which if fairly obtained mull undoubtedly furnifh a defence, had not proceeded voluntarily trom four-fifths of the creditors in number and value, but that it was purchafed for a furn of mo ney, or that there was a fpecial agreement or pro- mire of money, that would void the certificate. If it fhould turn out ftt there parties had con cealed any part of theVeffeits to the amount of tot. that alto would out down the certificate.— There was another provifion by the 3th Geo. 11. and that was, if within twelve months before the date of the Commiffion, the Bankrupt had gam bled in any of the public fecurities of the country, and had loft to the amount of tool. his certificate was alfo void. There-were all molt wholefome provitions ; and there was no man* of doubt that the forfeiture was often incurred where it could not be proved ; and therefore Courts of Juflice would lend a willing ear' to witneffes who could ; i ls , ::n E thjit u o c ath ra l id ay , o b p:n di fu d ch • no n t efa ic r r i m o w us t w ra h n e r th aft er iot i Ls. s Lorcithip would permit him to thew that this Com atiffion of Bankruptcy was a fraud from beginning to end. The Bankrupts did not owe the Petition ing Creditor any thing. He himfelf had been sr; Bankrupt a few weeks before, and had not one' farthing. No aft of Bankruptcy was con:mined: They wanted one of their clerks to (wear to an Ad of Bankruptcy, which he refuted to do, becaufe it 'did not exift ; and they gave a difcarded Clerk tea guineas to (wear to an A& of Bankruptcy, which Tie did. He could alto prove that the petitioning ,creditor's debt was on a note which was not in :dorfed to 'radon, the petitioning creditor, for any twalnable copfidet ation.—As the molt effeCtual way to proving this opening, Mr. Erfkine propofed to lay before his Lordfhip, and the Gentlemen of the Jury, the proceedings under the Commiffion. Lord Kew root was clearly of opinion that they could not be read in evidence, and that if the So licitor under the,Commi(Goa were to produce thorn without the concurrence of his clients, he would betray their interefts, and become a criminal. Said his Lordthip. I believe there is a orovifion in. tome of the Bankrupt Laws by which an application, may be made to the Court of Chancery to have the proceedings enrolled, and then they may be made evidence. But that has not been done in this cafe. The two' Certificates were here produced and read, and alto the Promitrory Note for tool. upon which this anion was brought. Lord Kemirom--" I am very forry for the cre dulity of poor people taking fuch fluff as this note; 'and yet I fuppofe there are millions now afloat on us that have juft as little foundation as this." The fink withers was Stanley Leeths, who raid s be had been confidentially employed by Mr.ilian finck to make out his accounts previous to his lat examination before the Commiffioners of Saab: rupts. Mr. Hartfunk told him he had been pa, bling 4 great deal in the Funds within a year be fore liisbankruptcy, and that he had loft between 3 and 40001. by (peculating for time. He knew Mr. Parker the Pawnbroker, in Fleet-ftreet, whif was a creditor of the Bankrupt's,and Parker would ant agree to fign the certificate, till Hartfinck agreed to purchafe the Notes of his in Parkeeffis poffeffion. Mr. Hartfinck told the winters be muff obtain the Certificate at any rate. Lord KENYON Paid, he thought they had put an - end to Hartlinck's Certificate. The witriefs on trots-examination, (aid he was now private Secretary to Lord Gwydir. He bad We a Clerk in the Security Bank, and bad been natukrupt in cocaina:ace of the Bankruptcy of Hosulleek and Co. He was then as uncertificated He had never applied to his creditors fee ate. lie did not paythern any thing, aid the fist for which he failed was below wool He had been a Linen-draper in Leicefter.fields. Fie was alio a Money.fcrivener in Saliflntry-ftreet, in the Strand. He carried on that butane(' fee two years and more . He did a great deal of very confidential bufinefs in that line, till he tint ortu nattily became acquainted with the haute of Hart ' ---k. The nature of that bursae(' was, to t nr thole who were - • temporary futtat,, eig not advertife till after his Bankruptcy, an then he only ad vertifed core. Mr. Lloyd, of Ludgate-hill, was the petitioning creditor under his Commiffion. He had lent him money at various times, exceeding tool. He did not tell Mr. Hartfinck he had been applied to to be a witnefs to blow up his, Certificate. He did not know any perfon employed in the houfe of Hartfinck to value depofits, that fometimes re ceived bribes tb value diem at more than they , were worth. He hittifelf was employed& that fitu ation in that houfe, and be fometimes received a guinea, and never more, for going perhaps up to Mary-la-bonne two or three times, and valuing fome houfes. When he had one guinea, the Sur veyors had four. Mr.Hartfinck always knew of the money he received. When Parker, the Pawn broker, figned the Certificate, he was no creditor. Leonard Hebden, the next witnefs, raid, he was once a wine-merchant at Litchfield in Stafford (hire, and afterwards came into the employment of Hartfinck and Playfair, as their Book-keeper, in May 1797. Mr. Hutchinfon afterwards became a partner. He continued in their employ till their bankruptcy. He knew that Hartfinck was en gaged in tranfatlions in the Funds. He had told him fo : and ite had a minute of one of thefe tranf atftions. It was a minute taken fince he became a Bankrupt. It was what he had inftrufled the wit. nefs to infert in the books. It was—" On the 3 1a of Auguft, 1797, loft 3021. 4s. 6d. by fpeculating for time in the Public Funds." Hartfinck told the witnefs to put down that fnm in the books, and that it was a debt on account of all the part ners. Hartfinck regulated the whole bawds of the houfe. He did not communicate to Mr. Hart find( he had made that memorandum. From it, it appeared that R. B. Sheridan, Efq. and Charles Carpenter, Efq. were parties to that tranfaSion. That memorandum was communicated to him by the Plaintiff's attorney, when cute of thefe affirms was brought at Weftminfter, and was fettled by Mr. Sheridan. Mr. Patten Paid, he was a Merchant, and knew Mr. Tinfon the petitioning creditor, under Hart finck's Commiffion. In the mon th of OCtober 1797, he was applied to for a note on the houfe of Hart finch, of which he had a great many. He had direaions from Hartfinck to give any one of thefe Notes to Tinfon ; and in confequence of there di reftions he gave Tinfon a Note for tool. Tinfon bimfelf, vveerryy recently before that, had been a bank. rape. Tinton gave him no confideration for that note. He underftnod that Tinfon was to raife money for the Ilona. No evidence was given againG Mr.Hutchinfon. The Counfel foi- the Defendant obferved, among mony other things, that Mr. Hartfinck had been moll unfortunate—had been a man of large for tune--and by fetting up his Security Bank for lend ing money on pledges, &c. had been ruined by Prayfair. He and Mr. Hutchinfon had fo con cluded themfelves as to become the objets of the compaffion of their creditors, who had granted them their Certificate. The Counfel made a num ber of ftrong obfervations on the evidence of the two fir( whittles, and thought the Jury would not pay any credit to what they had (worn. Lord KINYON obferved to the Jury; that this was an Aaion upon a Promilfory Note for tool. and the intereft due upon it, againft the three De fendants, who were Partners in the Partnerfhip of which the Jury had heard already.—The Defen dants had taken different lines of defence—The Defendant Playfair had (offered judgment to go againit him by default, and therefore, as againft hum, nothing remained to be done but to affefs the damages.—As to the other two, the only quer tion was, Whether the Certificate was or was not valid ? As to the Certificate of Mr. Hutchinfon, there was no evidence to Thew that it was not got in the way of fair dealing in trade, and, therefore, he was entitled to a verdia.—The cafe of Mr. Hartfinck then remained to be confidered—The Aft of Parliament, had by way of humanity pro vided, that if a man fhould render a jut and fair account, although unable to anfwer his Con crafts, he thould be made free of the world, to try his fortune again which was the Cul:dance of the operation of a Certificate. The Law had breathed its wills that an honeft though unfortu nate man might have another chance to live and to become creditable in fociety—On the other hand, the Law had thrown fome fences around the intereft of the Creditor in this cafe, to annul the Certificate of any Bankrupt, if it fhould appear that the bask-rapt had 101 l a certain furn of money by gamins, of which (peculating and bargaining for time in the funds was an ag gravated Ipecac& Now that this was the cafe in this inftence, was proved by the lintels Leech% if the Jury believed his teilinsony. It was matter of aftonifhment to his Lordihip, that !itch a man Mould befit eonneeed, se be laid be was, with the fervice of Lord Gwydir I perhaps the relation of mailer and fervent between that Noble Lord and ftich a perfon would not, after what had happened, long fublift—but, however, his Lordfhip was not prepared totally to rejea the teftimony of fuch a unlefs there was fomething to be let arinit it. Then the evidence of Hebden fpc cined a fum which was loft by Hartfinck. It was eafy to &tea the falfehood of his teftimony, if it was falfe, for he .fpoke of an entry in the books, which his Lordffilp laid, although the parties *ere not bound to produce, there was nothing to hinder them. If, therefore, the Jury thought that Mr. Hartfinck loft this• money by gam bling- in the funds in the manner that was Rated, the certificate woolibe let a fi de, and he would remain liable to the pffment of the Note, in the fame manner a, if no Inch Certificate had been allowed. As to Mr. Hutchinfon, there was no evidence to impeach his Certificate, and there ihould be a veriiia for hint. As to Playfair, be baying (offered Judg ment to pats by Default. there was nothing to be done but to affefs the Damages againfl him. Verdi@ for the Plaintiff, Damages i t7L againft the Defendant. Hartfinck. Damages a&.&d again ft Playfair, 1171. Another ACtion of Harrifon ageing. the fame Parties, under PrmiislY the Came as : for another NOU of the fame Dati ri ZZ 'was triad, and the Verdia was the fame. - . • • Another, in which Haittpden egaintt - tbe tame Parties was tried alto.--:Verdla for the Defendant. TURNER 0. DOUAT. This caufe involved a point of eotifiderable im portance to the mercantile world. The act ion was brought for F oods fold and delivei cd,and the.De fendiht admitting the Pale and the delivery of the goods contended, that the debt thus incurred was already fatisfied. It appeared that he gave the Plaintiff a bill nearly tti the amount, drawn by one firanger upon another, and indorfed over to •him by the payee. Mr. Turner having indorfed this bill, paid yt away, fu that it paired through te vcral hands. The drawer and the acceptor m the mean time both became bankrupt, and about a " . 1 fortnight after the bill was due it was returned to Mr. Turner. He took it to.dir. Donny. . Mr, Donal] refuted payment becsofa it was over due, and after keeping it a day or two fent it again to Mr. Turner's. Before be did this, however, he had cancelled his own indorfeinent, and that of the gentleman from whom he received it. It was now allowed, that if the Plaintiff had got it back in the fame plight in which it was when he parted with it, he would by his &day have made it his ovule hill, and the Defendant would. not have been liable; but as he had unwarrantably altered it, and thus reduced its value, it was contended ' that the parties were in the fame fituation as if the bill had never exiaed. ~, i ~Y The Defendant's Counfel argued firongly that the obligation of his client was gone, and that he had a right to do with his fignature what he chafe. By what he had done the value of the bill was in no degree diminilbed, and he was then ready to reftore every letter that he had erafed. Lord KENTON, hOWSVCTOWNS firongly of opinioe ' to the contrary ; and the Jury, by - his diredion, found a verdin for the Plaintiff,fisbjeft to the opi nion of the Court. SCATCHARD 9. STATIFORD. TlVas an anion brought upon the penalty of an a tration bond for the non-perfornance of ad award. The circumflatices of the cafe were as follow. Stafford, who is a printer, had printed a new edition of the Bible, which he fold to Scatch ard. He bought 700, under the idea that he was buying the whole of the edition upon common paper, but in point of fan, Stafford had retained goo copies, fome of which be fold, and confequent ly ob (ironed the fale of thofe in the hand of Saatchi ird, who foppoted, that he was foie poffeffor of the whole edition. He brought an anion againft Stafford, which was referred to arbitration ; and e arbitrators awarded, that the whole remaining in the hands of Stafford fhould be exported. This anion was now brought upon the arbitration bond; it being alledged, that fome had been fold In Eng land fince the date of that award. Mr. Allen, of Finfbury-fquare, it appeared, had purchafed fortv-s (even copies, ;hi& were traced 'to come fro;rl Stafford ; among which were two of the common edition, prohibited by the bond to be fold in Eng. land.—Verdift for the Plaintiff—damages 51. LIED 0: LANK. Mr. Miticiar Rated the cafe on the part of the Plaintiff;' by which it appeared that he had been to the Theatre on the evening of the 4th of Janu ary left, lind was on his return home, when she Defendant met him, and entered into converfati on ; they walked on together, and, after fome time, he accufed the Plaintiff of being an Impoftor and a Recall, and knocked him down; he got up, and the Defendant repeated his blow, in confequence of which his thigh was broken in the fall. He has been ever fince incapable of attending to his bufi nefs, and thereby a wife and three children are de.. prived of the means of fupport. The Plaintiff is a Figure Drawer, and the Defendant Clerk to felef fr s. Railton and R ankin, in Cheapfide. Two watchmen were called, who faw the whole tranfaßion. They Rated, that the Plaintiff and Defendant were walking together about half pall twelve on the evening in qua Rion, and they law the Defendant knock the Plaintiff down twice ; the left time he called for mercy, and faid his thighbone was broken ; to which the other replied, he did not think it was, and believed he was only mak ing a fiats. The wltnefres interfered, and fecured the Defendant, whom they took to the watch. houfe, and, with fome affißance, conveyed the Plaintiff in his wounded Rate to the fame place. The Conflable of the night Dated, that at firfl, when the Plaintiff was brought in, he did not re cognize him, his face was fo dillorted by the ago nies be underwent ; but that afterwards he knew him to be an old friend ; and further Rated, that he is an honefi and peaceable man ' and worked hard to maintain his family. The Defendant ac knowledged be had been the aggreffor, when be was in the watch-houfe. The Counkl for the De fendant calletnue witlefs, a Mr. Spencer, who (aid; cleat as he "rasping through Fleet-greet between ;twelve and one on the sill of January, he Saw a great crowd of women erf the town and two men among them, whom he has fince learnt to be the Plaintiff and the Defendant. When he drew near be heard Reed fay, " I make a motion that yon give this lady half-a-gninea ; I Mall give her one myfelf.” Lane replied, that he knew nothing of the lady, or of him either. ‘ , 4 Then, (faid Read), you are a Lbabby rake'," and immediately fh tick him. The Defendant then, by way of defence to this attack, (truck him in return, and he fell, and the confequence of the fall was as has been Rated. The Learned Counfel laid, that this would be a bat to the anion; as, however hard the cafe might be, Rill if the Plaintiff had given the fit ft blow, be was not entitled to recover in an anion for da mages. Lord Kim vow faid, that certainly if that twas proved, it Would put an end to the anion, but here the cafe was different. The witneffes had proved the contrary; they had ken the beginning of the difpute, and borne teftimony that no proiocation was given by the r • -•;if. whole hrd, He faw its given. and the of damages ,he was grievous an injury 1 The Jury went a verchet for the path. Plaintiff, whole cafe was extreme- w no reafon to doubt the evidence the Jury were to fay what pommy ras entitledlo, after' receiving fo ry ? t out for a (bort time, and found : Plaintiff--Dassaga Q.c ifindid •