Star. — London, England, 1805-07-30 00:00:00

Jt 0 UZ. OGNE S 5) UADA OM 1.% DO, JULY 25.—0 n Tuefday night the FANNY cutter arrived in the Nefs Roads with difpatches to Rear Admiral DouGt.as on board the LEOPARD, in forming him tha: fixteen tuggers and nine brigs, run ning down from Havre to Boulogne, had been at tacked by his Majelly's floop Cmemrtots, of zo guns, and two gars bt igs, ,but received fo much damage f ro m the batteries on More, that they were obliged to leave them; the cutter received four (hot in her hull, and the French afterwards proceeded to Bou logne. Remain in the Nets Roads his Majelly's floop LEOPARD) Rear Admiral Dove LAS, and a few gun brigs. • SITRACT OF A PRIVATE LETTER FROM AN OFFICER, DATED " Arab, Deal, Tuerday, July 23, des. " From flying report, and from former accounts in the Papers, you may imagine us all to be killed, wounded, or miffing—fa to entertain you, and to give yon the truth, I mean to defcribe our ha 'Vnurlday's amufement. In the morning, feveral brigs. &c. under way, I' Immort-rositra made fignal f or fight ; the led us in, engaged, and flood out, the old routine ; we followed into (even fathoms on the main, receiving the fire of veffels and batteries from Vimereus to the Pile Fort, continually a crofs fire. (N. 13. Al the !mall loggers are goo or mortar boats.) After firing twenty round', and the enemy drove dole in, we hauled oat. In the evening a flo tilla was perceived coming along from Calais to the :Nigh Cliffs; the WeaIIGLIR preceded them as gen tleman tither to announce their at rival. The Calais fquadron kept way with them along (bore, firing and bombarding at fuch a difiance, that when we beat to quarters firs and faw the enemy's fire, I exclaim ed, "Damn the dogs, they are faluting us ;" and when informed of our miftake, had to (weep half the boriZon to find our gay and gallant of Rants. We ever:ling them to fail from Dunkirk, but they had got well up to Cape Grifnez, and as we could not in common politenels attack them under their ream, to the EaR of the Cape, which you know is out of oar dittria, fo we lay will; fore end Mak; top-fails fhi- Tering; till the vat; of the enemy's line, confining of a brig and a fchnnner, were about as far from the bore ahead of us as we were from the land ; we then "filled with the wind a-beam, flood in with our bow, main deck, and forecastle guns playing on them. Poor MARSHALL, of the Watchful, noo4 in and headed us : a fltot neatly cut him in two—you mnfl recoiled him, a man of enormous fiie, walking about Deal. The Calaiektradron Dow hauled their wind, leaving them to our attentions, and the fire really became amufing. Our brigs behaved devilifh well. Our little crooked legged pilot Rood on the chock, over the wheel, and took us into fifteen feet water, aloosfide Cape Ganes; fo that they could not deprefs their guns fufficiently. At this moment our royal top gallant Ray fails, &c. were let, and were loon filled with Shot holes. We kept along fhore fining np the mud every moment. From our poop we fired too mufquet cartridges. M-11 fought well, and pretty cool # s (hell burg over us, and a piece of it, which I now po(fefs, cut away the Lands ofaTrosteson, the wafter : it went through into the gun room. Another came on board, cut away the larboard fide of the maiti top cheek and block, which latter turned it down on deck ; it fell on a beam of the deck, after cutting away in its fall the heel bf one of the b Kona rebounded againß the fide, And then . againa poor ir re v's the, main top man's back, which killed him in about two hours Gamma kited it, but could net lift it, and called for affiliance, which was immedistdy rendered, and the then launchtid overboard. I forgot to fay that nobody touched it, till Maxim, from the break of the forecaßle, seal ordered. MAXIM. and myfelf worked the larboard bow gun—a Blot came en the muzzle in the line the guns bore, cat a piece out, and flew upwards almoß perpendicular, and fell along fide; three of the enemy's (hot came on board and were fent hack ; me came through the Captain's cabin, jell oat! the port, and wounded 11 ELLIOT, and another. Cairn, the Marine. is wounded, and Woe coca, who had his belly grazed by a ball, and I think from his appearance cannot live. Little Torero had great credit for his aapu. tation of Too/arson's arm ; it has burled by the . firfi intrmion ; a flight lopporztios is only expe.led, near the ligatures of the arteries. I held the patient, who the next day walked out of the gun room to fee his rneffmates, with as much alacrity as you ever jump ed up a ladder in your life. Gur people behaved un commonly well, cheering every one of the enemy that ran on (bore, f.r was dilmaßed. When our grape began to tell, the fight was glorious ; their Ricks were cracking in all directions, and I did not much like the fituation I had chofe at the beginning of the job, viz. allude tbe fpanker boom, which was in the new mid fhip crutch that Ton made, and my feet on the taffa rel ; from this fitration my mufket was pelting, till I could hold it no longer, and then the Corporal hand ed me up a cold one from the chef!. The grape fell thick, but I felt it a point of delicacy not to quit for two or three pounders, what thirty-two round-fhot could not drive me out of. The Captain fitting on the fignal Cate, the gunner Banding on the caption ; the brigs cheering its as we paffed ; the enemy run ning on board each other, two or three at a time ; and then their fplinters flying ; their men jumping overboard and fwimming on ( bore ; four or five of them thumping on the mcks. The Cosy's°, a beau mill brig (loop. kept her gib boom over our taffarel almoft, and nobly feconded us. The ARCHER and BRUIZER on our how. At length four of 3z•poundguns 'rmpletely difabled, and our rigging cut up, and' .ight doting the fcene, the Performers retired under reiterated thunders of applairfe. The next day we and the 1/eMORT•LITE 110.. d out to bury our dead— after the ferviee, the frartrorreetre gave us three cheers, which we reittrtied : the then gave us one, I think no bad compliment to the ARAB, and airman all the Captains came to pay their refpeets to The Commodore hailed us when we hauled nut. and thanked Captain withing him joy of Inch a fine fet of fellows : We were at it from four to liven in the morning, and E•uni fix to half pall eight at night, a tolerably decent day's work-- All the ofhrers attended MAIISMALL ; the Band and Officers of the Guards, Arab and Immortalite, oral us arm, three a break" It f&id, ',lets have been iffued by Lnrd Krim, 4b4t nn mole Attacks nt,on the enemy's flutiliaa foal to made uaaer the baturies. SPORTING INTELLIGENCE. • • •!, • BRIGHTON. JULY 28. . • • In the firs f race yeflerday for the Somerfet (takes; Mr. Mett.isn's rider having reported, when he came up to the judges, that Houghton Lars and Walton ran on the wrong fide of the poll', Mr. Ms tte s H con tended, as of comic, that Lady Brough, as coming in third, was the winner. The judges, however, de clared, that Lady Brough's rider did not come up in time and weigh, confequently he had no right to win. After much delay and interruption to the day's (port, it was agreed to refer the queflion to the ar bitration of three of the Jockey Club, namely, Lord G. CAVENDISH, Earl FrrzWILLIAM, and Sir H. FEA• TH rerrovre, who met this morning at the Club-room at Trves, and after. examining a number of wit neffes, amongst whom were the five riders, dopy de• cided in favour of the Parries of Wates's Orville, though he came in fourth, as the only horfe that had fully complied with the rules of the courfe. Some objeCtions being alfo taken upon the decifion of the judges in the lart race of yeilerday, in three heats, for the Sol. flakes, in which Mr. LADBROACS Dora was the winner, having beaten Mr. HowaßTH's Prodigal, the queflors was alfo referred to the fame arbitrators ; but it having appeared that Dora walked over the courfe the third heat without a rider, yet when her jockey came to weigh, he was 316.1110 n of the weight he fhould carry, the race was declared void, and the flakes remain to be again run for. To-morrow no great (port is hoped for, but Tad day is expefted to afford capital diverfion. Mr. MELLISH has matched his favourite horfe Sancho againit Lord DARLINGTON'S Pavillion, who won the Pavillion Stakes here laft year, for 3000 gui neas, at the Lewes races, which commence next Thurfday ; play or forfeit 2000 guineas. The match was fettled in the boxes of the Theatre lalt night, and the fame horfes are matched at the next New market meeting for a fimilar fum. LAW IA7ELLIGENCE. WILLIAM SHEPHERD V. JOHN GRANT. This was a Writ of Enquiry of Damages, exe cuted before the Sheriff of Buckinghamfhire, on Wednefday the 24th of July inllant. The Plaintiff is a millwright living► at Woburn, in Bedfordfliire ; the Defendant is a wharfinger, corn factor, &C. living at Leighto9•Buzzard, in the fame county. The action was brought to recover a Bill dne from the Defendant to the Plaintiff for part of the machi nery belonging to a threfhing mill made by the Plaintiff for, and delivered to the Defendant. The Jury after a hearing of upwards of three hours, found a Verdi& for the Plaintiff—Damages 4sl. and full colts. CCURT OF CHANCERY, JULY 19. TM! DOER OF BEAUFORT ♦ND OTHIRS V. SMITH AND R. M. PHILLIPS. 4 The Plaintiffs and the D e fe n d an t s are proprietors of collieries in the neighbourhood of Swanfea, in Wales. This application to the Court was on the ground of an incroachment by the latter on the mines of the former. . . Mr. RICHARDS, forthe Plaintiffs, applied foi an injunction, according to the prayer of the bill, in this cattle. This reference to the Court was fupported by the affidavits of John Morris and Thomas Lock wood, Efqrs. in which the following fads were Rated : In 1754 the late Duk e of Beaufort was idled lin fee, and the prefent Duke is now felled cf tome collieries adjacent to, and beneith the bed of the lir ver Towye, to Glarnorganfhire. From 1770 to 1777 they were worked by Mr. Lockwood, and futile quently by Lockwood, Morris, and Co. Mr. Smith had certain Other coilicries adjoining,called the Land Ore Works. The proprietor of the latter; inflead of confining hitnfelf to his own dillriet, penetrated into the fubterranean track of the former as catty as the year 1773. In confequence of the obliruetion from this, and various other tattles, the works of Lock wood, Morris and Co. were difcontinued from the year 1795 to 1803, when thefe gentlemen were de- tetmined to remove all impediments, and for this put pole erected, at their man expence i an immenfe pump machinery, called the Land Ore Engine.— This was competent not only to drain their own works, but alto the contiguous collieries. Pollerior to this, Morris relinquiffied the concern with Lock wood, when the fame ititerefi was managed tinder the firm of Lockwood and Cotton. Dating the fublittence of this connexion, Mr. Smith, the heir of the former proprietor of the Caine name, transferred either a part or the whole of his concern to Mr. Ri chard Mantel Phillips, one of the prefent Defendants, who, notwithltanding repeated notices given to him, had continued the incroachments, and had conde fcended to give no fatisfadory anfwer. The conic (pence of there inroads was, that there was a prodi. gious flux of water into the mines of Marrs. Lock wood and Cotton ; a vaft preffitre was oecafioned on the Land Ore Fire Engine,. and it was apprehended that the bed of the river Towye would be wholly abandoned, and the waters would enter thefe works, converting them into a refervoir, and occafioning their utter deftruaion. The interelt of Med - I.s. Lock- I wood and Cotton was eftimated at no leis a Turn than too,ocol. and they were enabled to fupply 200 ehaldrons of coals a day for the ore, and Insetting works in the vicinity. Not only their own concern. but that of the copper and tin works mull, in a great degree, depend upon the decifion of his Lordfhip. The objed was, that by the interpolitioncfthe Court no further iucroachmcnt might be made, dangerous to the exillence of this important eltabliffiment. After his Lordfbip had dilated the injunction un til further orders, Mr. ALPIANDER and Mr. Fon• BLANo,yk received,hy the pelt of the morning, inltruc tions en the part of the Defendants, on account of t which they implored time to anfwer the matters of the affidavits of the Plaintiffs. The LORD CHANCrLLeit •••• 44 Let the matter come on again on Thurfday morning. In the mean time you mull difcontinne thole works. According to the comic of the rr;:ceedings of this Court, I might have granted the ii . junetion ex parte ; for the affidavits Itate, that the abfolute deltruaion of the concern, from the inundation of the whole bed of the river, is the probable cfinfetinence. Their care is, that you are the owners of the adjoining collieries, and that you hare penetrated into their track long before the - • dircovery of any encroachment was made : then, that you are finking pits under the mat: of water from the Towye ; and that the effeet will be, that both your collieries and their own will be deftroyed. 1 have known many irillance4, where the proprietor of - one colliery would dellroy both his own and his neighbour's, if lie were poffeffed of another adjacent, ht:t expofed to the fam e catallrophe." • THOMPSON AND FOR SHAN V. BONN. The Plaintiffs and Defendant were in partnerfhip, anti were proprietors of the Red Bull What& and alto of a certain iron-mill in the neighbourhood of London. , The Defendant had taken poffeffion of the books and of the premiles of the concern, for his own exclufive benefit—and the motive of this application to the. Court was, that a receiver might be put upon the eßate, and that the Defendant might be dif po ffe fled. Mr. PIGGDT, for the Plaintiffs, raid, that they had called upon the Defendant to thew how 7sool. which waa io be his (hare of the capital, had been paid, and that he had reftifed to give any account of the fame, or even to furrender the books. Meffrs. Calvert and - Co. had bought the premifes, and had offered to,tray the porchafe-money, being 23001. into the hands of any perfon the Plaintiffs and Defendant Mould nomi nate, but fhe money was withheld, becaufa the Pe, fendant required.it to he paid into his own hands and would appoint no common truftee. The' bill' prayed that the partnerfhip might be declared to be dilfolied in June fall, and, betides the nomination of a receiver, fot:ght an injunetion to reftrain the De- fendant from proceeding under the partnerthiii cre dit, and wills the partnerfhip effects. . r Mr. MARTIN , for the Defendant, offered, that the partnerfhip firm fhould not be employed, and that accefs to the books thould be granted to the Plaintiffs if time to anfwer were allowed. The LORD CHANChLLOR—" I am ready to give the Defendant time, if he will snake me quite fure that no mifchief 111411 be done in the interval. It is hard to put a receiver upon the eftatd. Ido not mean, that the Codtt will not do it in certain cafes, but it diflikes fo to aft, until both the parties have been heard. Let things remain in their prefent Rate and this motion mdy come on onThurfday morning." THE DEAN AND CHATTER OF WESTMINSTER V. H. CLARKE GRANGER. The DefendantheldceQinleafre under the . Plain tiffs, and reference to the Court was now had to prevent his diftrainingupost the tenants. Mr. Roatit.t.y, for the Dean and Chapter, raid, that they were entitled to certain houfes in Weltmin (ter, and they employed a perfon of the name of By. field to let tome of theft premifes for them.' The Defendant applied to take there leafes, when a dif pate arifing refpating the colts in preparing the deeds nothing regular was done in the butinefs. In the mean time, the Defendant thought proper to receive the rents of the tenants, although he refilled to pay the fines, or even to accept the 'cafes. Under there circumffances, the Court would deem it to be right, not only to ratrain him froth receiving the rents, but to order him to bring the money he had alieady re ceived into Court. • Mr. RICH•RDS, for the Defendant, fait!, he was avrare of no oblation that would arife to the pay. mint of the money into Court, for it was now inac tive and unproduetis'e at the bankers. There was; however, a difficulty with refpeet to the leafes, whe ther the Defendant Ihould be liable to pay for one or More. A claufe in them was likewife diffatisfaetory, whin% Was, that they (hould here:Ay:fatle forever at the plcafure of the tell - ors. The LORD CHANC LLOR•-•-" Such a covenant would be bad in law. I dare fay, there would be no diffi culty at haft with refpat to this before the Mailer, ' for he will not infert a covenant which by the flatutt is void. Pay the Money into Court, and let the Mailer enquire, and report as to the expellee of the leafes—and the mode in which this charge than be clef:aged; can be determined afterwards." COURT OF KiNG ; S BENCH, JULY 27. LUBBOCK V. CL•GCATT. Thii was an anion upon a policy of infuranCe on the fchooner Speedwell, from Gibraltar to Marti nique and Trinidad and back, with liberty to touch at all or any of the Welt India Elands. The SOLICITOR GENERAL,. for the Plaintiffs, faid, this anion was brought againft the underwriters, in confequence of a lots which took place in the courfe of the voyage. The Plaintiffs were then of the firft honour anclintegrity—tliey were the agents of Mr. Yoxden, of Gibraltar, to whom the (hip belonged. The lots happened in t Bot ; and it was neceffary, he thought, to account for this great delay in the pro ceedings. The Plaintiffs and Defendants had put off the trial from time to time, on account of the abfence of material witnetfes. The Defendants having made a molt ferious charge againft the affred, it was ne ceffary for them to have evidence to rebut that charge. An affidavit had been made in the Court of Exche- ,quer by the defend:int, who fwore, that advice hav ing been received at Lloyd's, of the loft of the (hip,' in Rofea Bay, Gibraltar, art advice WAS alfo tranf mitted by Lord Cochrane, corroborated by Captain Hood, both of whom were on that Ration, Rating, that the lots was nut owing to the wind or tide, nor any thing elle which might not have been avoided. This notice was put up at Lloyd's, in confequence of which, all the underwriters refuted to pay. The Plaintiff wrote to Lord Cochrane, reuelling a full explanation of the fan—but his Lordfhip never thought proper to fend him any anfwer, In they were left wholly in the dark upon the fubjea. Thu he thought a aviation of ionic hardlhip. The Defendant, Mr. Ctaggatt, the Learned Conn ie' declared he knew to be a man of honour and re fpeaability ; he did not mean to impute any thing elle to him, and he foppofed he h a d t a k en i t f or granted, there *as tome truth in the charge ; how ever, he could have availed himfelf of the benefit of Lord Cochrane and Commodore Hood's evidence. Authority had been given to examine the former, who was gone abroad, upon interrogatories, and the latter, to his own perfonal knowledge, was no in the kingdom, and might be brought fotward.—The property on wnich this fraud attached, he olaferved, was the fhip, valued at 29001. and the cargo, at be tween 4 and scool. She was infured out at a pre mium of 25 guineas per cent. She arrived hale at Trinidad, where the was configned to Mail. Remier and Batrenden ; not bring able to get a cargo there, the proceeded to Martinique, where the took in her cargo, and failed from thence ou het voyage home ; ' Simplon and Company, the Agents of IMr.- Yozclen there, then direCted the Plaintiffs to effea infirrances here, fo as to cover the premium ; this, he obferved, was rnirterial, when fraud was charged upon the party. The Speedwell made the Gut of Gibraltar, on the 15th July . ; and, on the 115th, the found herfelf clofe on the Item of his Majefty's (hip the Carat.; the hauled dole up, and, at the moment her anchor tripped, a (quail came on, and turned her on the rocks, when the went down; two boats came to their affinance, hut all exertions were vain. It was not only the property, but the charaCter of this Gen tleman, which was at [take ; for, if he thould be found guilty of fraud, he never could (hew his face in the mercantile world again. He had fummoned all the Naval Of who were upon that Ration at the time, 'whom he could find ; but, by an unfortu nate mi ilaire, Sir James Saumarez (one of them), who wasilationed at Guernfey, had not received the per miffion from the Admiralty in time ; he was expert = ed ; however, he hoped, to be able to do without him. But there was one moll calamitous circum ftance, which, he Paid, mull put the cafe beyond all •doubt ; this was the poor Captain, who had got zoo?. in a venture .on board, uninfured ; this went to the bottom, and with it he loft all he was worth in the world. The policy was not a valid one, hut made/ as ,intereft• might appear ; the Wrier, Mr. Yozdeni had no communication with the Captain, nut in the prefenc of the Revenue Officers, who tame on board. It therefore was clear, that there was no collution be tween them •, he could fee no earth!) , motive for laying the veffel was purpofely call awl'', and under all the eircumilances, he could not fee hOw fraud could be implied againft the party. John Wooden, Matter Attendant in his %jelly's bock-yard, Rated that he was at Gibraltar at the time the Speedwell was loft, about ten o'clock in the morning,, being on board the Cafar in Refea Bay, it blew a fretb feather-edged gale, a violent wind fprung up fuddenly, and he law the Speedwell lying on the rocks under the Medules quarter (a wreck lying in the bay). A boat with trawlers was fent from the Superb to her affiftance ; and, notwith (landing ,every exertion, owing to a heavy fwelling lea and rocky (bore, the could not be got off; in con fequence of which the bilged and filled with water : the cargo aas fugar and coffee. He was on board his Majetly's (hip the Medufa when the went dawn, in a fimilar way. He had no doubt, under all the circumftances, that it was an unavoidable accident. Therwtather was fo rough that he could fcarce get a beat to bring him on (bore. Captain Crawford, of the Royal Navy, Rationed at tilt Dogger Bank, gave limilar teltimony. He law tht Speedwell getting under weigh; he perceived (he intended caning off (bore; but whether, from a fudden flow of wind, or a current which prevailed, he could not fay : the cal} off her head, but the breeze being freth and fudden, it brought hom e t h e anchor ; I ('quail of wind took her abaft, the drifted, and let go her top-fail halliards ; (be then let go another cable, but the ground being bad, and deep water, the anchor dragged, and the was drifted on (bore. Captain Roby, of the Czfar (Sir James Saumarez's flag-lhip, who was Commander in Chief on that Ra tion), gave a fimilar tefiimony—they all agreed that It was an unavoidable accident. Captain Potts, mailer of the Speedwell, gave firni lar evidence ; he further added, he had 72 bags of cocoa uninfured on board as a venture of his own ; he had corne out of a French priforf th e voyage before. and this was every farthing he was worth in the world. The fhip and cargo were. Mr. Youlen's property ; he was obliged to perform quarantine. and Mr. Y. came on board at the fame time that the Revenue-officers came in their brattock-boat ; he only waited to make enquiries as to his paffage, and he informed him of the death of his nephew. who went out fupercargo. On his crofs examiria tion, he Paid he took out fruit, wine, &c. he took out his clearances for Cork, as'he could not clear for Gi braltar. He had letters of marque out and home berag licenfed by Gen. Kepple ; he picked up no prizes; he had no luck but bad luck in a bad paffage ; he never chafed, his orders were again& chafing. The other peceffary proofs being put in, it appear ed the total 101 l amounted to 83231. 75. Mr. ERSKINO, for the Defendant, contended, that the Plaintiff fhould be nonfuited. On the back of the policy there appeared a memorandum which did not require a (lamp, made fubfequent to the time of effefting the policy; this was a clank againft all Wks whatever, Btitifh capture, detention,&c. included; tor which an additional premium of five guineas Was given. By this the policy was avoided, and by the raw it became vitiated. The voyage was altogether illegal, and the fhip might be captured by any of his Majefty's cruizers. She was a veffel not failing with any European goods for a Britifh port, hut Wedlndia produce to a garrafon town ; and t well aware were they that the voyage was not legalifed, they took o ut their clearance for Cork. By the na v a l laws of England from the I zth of Charles H. it vris enafted, that from the t 2th of April, 1661, no fugar, coffee, cot. ton, ginger. &c. of the growth of any Englint plan tation in America, Alia, or Africa, fhould be carried to any other port, than to fuch ether plantatioes in America. Afia, or Africa, or to any of his Majefty's ports of England or Wales, on pain of forfeiture of (hip and cargo ; and Parliament had put fuch a con fltuftion upon this Aft, it did not apply even to plan. tations in Europe. He therefore contended, that in as much as Gibraltar was not a plantation, but a mere town and garr;fon the Plaintiff muft be nonfuited. The SOLICITOR EItAL replied, that the originat contra was not vitiated by the fubfequent one, and upon that ground he confidered the Plaintiff fhould recover. Lod EcLonsottouctt—" The quetlion is, whe ther the agreement is valid in its original conftrue lion ? I think this point well worth referving. Gen tlemen of the Jury, if you are fatisfied it was a fair lets, which I think is now admitted by the Defen dant, you will find your verdift for the Plaintiff, the other parts of the cafe remain for more ferious and deliberate difcufficn hereafter." Verdi& for the Plaintiff 851. 16s. 23. fanjet to the quertion of law. Three other eanfes in the lift are to abide of t"is goeition. - At the moment the cattle was decided, Si Saumarez, who had come pal, was am after the ufual compliments, Lord &saw informed hies the event of the trial, and he SIM= the•event Sir Jam es mounced ; • moamycia e retired.