Star. — London, England, 1802-11-30 00:00:00

vuric4L lATELLiakkcE. PORTSMOUTH, NOVEMBER 19. went out of harbour, the LKDA frigate, la DE' .7:RMINEE, of 24 guns, and At.otisio floop of war. azumx AT IPITHIAD. Guns. Ner ne Doeg 3l Amazon - 1 rit p r t id a Iticicicnne . Dnanince Aknio - - &cling, gun Tetra I:Enact-4:345n cuttcr Hercule - Loire . Diamond - Ifv,!ra - ANiln . Ptorlope Umil Morgian a 111i!brook • Collor, gun veffel Admiral Milbank. " 2 Capt. 0. B. Drury. 80 Sir R. Strachan. so Capt. Br Ce. 38 Capt. Sutton. 38 Hardy. 36 Capt. 32 Van iittart. 34 Becher. i 6 Faulkuor. 14 pod. Lieutenant Guyon. Swiney. IN NARIIOUR• Guns. 84 Capt. Fcrris. 44 Capt. Maitland. 36 Flphinitone. 36 Hon. Capt. Paget. 36 Dixon. 36 -- Broughton. so Hill. z 6 Raynsford. 16 Lieutenant Storcke. Atchifon. HARWICH, NOVEMBER 26. 'Ns morning arrived two Wiling fmacks, with part of the or,o and materials of the (hip Cotsford, of London, Robert Wilton mafter, from London, bound to Hatnburgh, which w g 4 i wig on there upon the funk fand on the evening of Tuef day bit .Pier cargo confined of wine, rum, rice, pepper &e the wine and rum, it is fuppofed, will be principally raved, but the other articles mutt perilh. Five other veffels are now corn ing in with part of the cvgo. The veffel is about soo tons hur dler : her decks arc blown up, and her hull is nearly buried in Lie Lands—Sailed the Jackall gun-brig on a eruize. • KINGSTON, (J AMA ICA), SEPT. IS. It is with concern we relate, that the fchooner Nonfuch, Cap Bogg, which failed from Savanna-la-Mar on Saturday Lift, was in the afternoon n that day ;truck by lightning, which loped the carpenter and feverely wounded three of the crew. Thornborough, (a worthy young Gentleman, in the em ploy of Meffrs. Rotherham and Ahlbottn, of this town), who was a paWenger, ha& alto the misfortune to be ftruek at th, tune time, hut fo feverely, that be was deprived of his fen:es to the following Wedndday, when he died. On the sith inf. as a (mall barge, was coming from the eaft ad of the harbour, the was unfortunately run, down by one o. the watering boats, on her way to the watering place, near Roctfort, and, melancholy to relate, the following perfons were drowne,l: Mr. John Crow, brother of Captain Crow, of the thip Will; Matter Stephen Waddington, fon of Captain Wad divot); a young Gentleman, name unknown; end a negro man. FROM LthYD's LIST. DIAL, Nov. 29.C.ame down and failed fevers' outward Nand seilils.-Wind N. N. W. . Clayman), Nov. 59.-Palled by, the He'elm, Harris, from )(ambush ; Jeffel, Dennis, from Riga; Two Si 'sera, —, Porn Peteriburgh ; and Hope, Johnfon, from Amtterdam.- Sakd the Amelia, Young, for Grenada; Canada, Iterbert, for St. Vincent's ; and Venus, Janfeo, for Amiterdam. Atutivatt-Olf Portfmouth, Ewretta. Patterfon, from goy tte; and Sally. ---.. from Limerick Off Brighton, Q2ebee Packet, Thompfon, from %the° -Off Portland Echo, Ken dall, from Jamaica-At Cowes, Berbice Packet, -, from Perbice-Off Whitehaven, Baltic, Ayles. from Peteefburgh-. At Falmouth, Defiance, DaVey, from Malaga ; and Supply, Lange, from Pettvilutrgh.--in the Humber, Hanley, -..-, Stet Peteriburgh-..At. Liverpool, Minerva, Ford, fro" Nants ; Courier. Mallen, from B oo m, ; p o ny a n d S a lly, Wickett, from Virginia; David and George, —, from Newfoundland ; Sid North Star, Parry. front Dantsle-Off Crookhaven, Lion, Naylor; and Crown; Carr, from Trinidad-At Waterford, Amphion. Wright, from Jamaica -At Plymouth, Betfey, Lea ; and Fricndfbip, Sibley, from Newfoundland-In the Texel, Orlando, Muller, from New York; George, Sprig; and Amer; a, --.., from Batavia-At Newfoundland, David, Wilkinfon, from Oporto-At Baltimore, Venus, Dahill, from Liverpool ; and Na cy, Hobbs, from Havre-At Africa, Eliza, --. from London • Jack Park . Wallace ; Lottery, Neale ; leas, Lawfon ; King George, Phillip.; and Ceres, Jayman, tr. m Liverpool-Ac New Ulster, Beaver, Tayler ; .Plover, -.-; Enterprise, Eggerfon ; and May, ---, from Liver poi -At Batavia, Fozwell, Barnard, Ikon Amiterdam. The Providenie, SHORE, of Plymouth, is loft a Yalm Point, and all the crew. Ewa& of a Letter, written cn board the Marie Reiger(berg, (a Dutch floip), Captain LcimsAao, dated Tenerife, Oftober 6.-" We are now lying at anchor hire with all four of the (hips. The Bato arrived four days before us, the Kortenaar two, and the Plato one day after us. All is well on board. To-day or tO-litt/ITOW we (ball Again fet fail. " We have intelligence that the Batavtan fqua. Aron for the Well Indies; under command of Capt. W. 0. 13LOYS VAN TRESLONG, with the tranfport (hips, came to anchor on the eft of Odtober at the Grand Ciriaries, near the city of Palma, where news had alfo been received that the Bato, with the other (hips of the Eaft India lquadron, were at St. Croix de Tenerife, to take on lido water." We have the pleafure to announce the fare ar rival of the (hip SCALEBY CASTLE, from the Pre fidency of Boinbay, which place (he left on the ad day of July. She failed from the ifland of St. He lena on the 13th day of September. Colonel Me t- Doom.° is a pallinger on board the above fhip.- Tile next (hips expelled to arrive from the Eaft Indies, are the CALEDONIAN, Captain CRAIG ; the NORTHAMPTON, Captain BARRER • the GENERAL STUART, Captain MASH ; and the 9 MANSHIP,Cap.. tlin LOGAN. They were taking in cargoes at Eengal in April. The fhip MAD R AS, Captain bUNCAN, from Cal .atta, is arrived at Madras ' • paffengers, WILLIAM 1) /NT, Efq. Lieutenant GootILAD, of His Majef- If's 73d regiment ; Cornet JAceson, of the 19th regiment Dragoons ; Lieutenant Joz.t.t, of the Rth regirntnt Native Infantry ; ( a?tain LTTON, Mr. LAUTOUR, and Mr. Pott.ocs. We underhand that Monfieur PENAVD had pof fifilon of the HIGHLAND CHIET, after a conflia of only fifteen minutes ; her fecund Officer and three fearnen were wounded. The French had 54 killed. The privateer had been out 15 days, and taw not A f,til before the met with the HIGHLAND CHIEF. An extremely fine launch tookvplace on Satan ' l3 Ylfrt , m Mr. BARNARD'S dock-yard, atDeptford. The vetfel was an Eaft Indiaman, of t 200 tons, called th e W ARR rn*HA smcs, belonging to Capt. LAR cies. The Princefs of WALES was prefent ; and tbcpugh Mr. - 0. , RNARD had but a fhort notice of the honour defigned him, yet every thing was done that could contribute to the accommodation and comfort of the Royal Vifitor. Capt. MANNY, of the Navy, had the honour to conduit the Prin. I /a ft ( ' to and from her fociable. 'JOHNSON _7718 SMUGGLER': SECOND ESCAPE FROM PR/SON. It may be recollefted that, about four years ago, this perfon, and another, w ere a pp re h en d e d, for obffruiting and ill tiling fome of the Revenue Of ficers, while in the execution of their duty, upon the &ilk: Coaft, and were committed to the New Jail, in the Borough, to take their trial; but both prifoners eifeeted their efcape in the following de fperate manner: Having procured, by the means of an accomplice, a brace .of piftols, they took a favourable opportunity,.,hen the Turnkey was alone, and demanded their liberty,, or they threat ened to (hoot him dead on the fpot. The man was obliged to open the doors, but as they were tooth heavily ironed, he conceived it would be an eafy matter to follow them, and have them again fe cured. He was, however, foiled in this defign, for when the prifoners had gained the outer door, two ' horfes were in readinefs, and a man was waiting, who affilled them to mount. Thus they got clear off, and were not heard off for fome time, not- withilanding five hundred pounds reward was of fered for their apprehenfion. The firfl time John• fon was heard of, after his efcape, was at the time the Expedition to the Helder was meditated by Government, when he made an offer of his fer vices to accompany the Expedition, as, from his fmuggling conneiaions, he had gained a complete knowledge of the Dutch Coatt ; Government accepted of his fervices, and granted him a full pardon, on his promife never to be again con cerned in the fmuggling trade. Johnfon acquitted himfelf, in this undertaking, fo much to the fatis faftion of his employers, that he becanfe a great favourite with feveral of the Ex-Mini hers, and-with the late Sir RALPH ABERCROMBIE in particular.— _ _ He afterwards contracted confiderable debts, was arrefied and bailed in the beginning of lall fum mer ; but coming forward to exonerate his bail, was taken and rendered to Newgate in the month of July hit, from whence he moved himfelf to the Fleet, with detainers to the amount of about 30001. againft him. It appears, before he became an inhabitant of the Fleet, that, in his pecuniary difficulties, he again had recourfe to fmuggling, and was fuppofed to have been at the head of a gang of Smugglers, who, on the 6th of June, kept in cuftody fome of the Revenue Officers at South would, in Sullex, while others of their party took away force fmuggled goods. It is not more than a fortnight fence he was recogntfed by fix of thefe Officers in the Fleet : they had come from Suf. fez to fee him. The Lord Mayor attended at the Fleet, for the purpofe of examining Johnfon ; but, except one, none amongft the officers would ven ture to fwear to the identity of his perfon, he had In completely changed his appearance. On the depofition of one perfon, however, his Lordihip or dered him to be detained for a capital felony; and, in the mean time, he was fecured in a jirong room, which is fet apart for dangerous and refraCtory pri foners: In this ftrong room he had remained feveral weeks. A Bill of Indiament was preferred againft him, and it was txpeded that a true bill would have been found this day. Johnfon, aware of thefe cir. cumftances, turned his thoughts once more to making his efcape, which he effedted yefterday morning, notwithftanding he was confined in a ftrong room, with two doors, or rather, a double. door, filch as are generally fixed to the chambers in Inns of Court. At the top of each door was a pannel, inflead of glafs. It was by forcing out there two pannels, and creeping through the - holes of them, that Johnfon was enabled to. reach the gallery, and from thence the high wall that fur rounds the prifon ; which it was impoffible for him to have done, without accomplices, as the pan ne) of the outer-door, it appears, had been forced from without. The manner by which he broke out the pannel of the inner door appears very clear, from the inftruments he left behind him in the room, and which he had employed on the occafion. He had bored, with a fmall gimblet, an innumerable quantity of holes in the pannel, till it became like a riddle; and then, with a knife, or chiffel, he cut away that part of the wood which feparatesl the holes, and by thefe means ef fitted his purpofe, without caufing any noife. The holes had been prepared Come days before, and filled up with pafte, to prevent a difcovery. On his coming to that part of the wall next to Fleet market, he found a rope ladder, which his friends, on the out-fide, had provided for him, and placed there, agreeable to their plan. This was be. tween three and four o'clock in the morning, and it is fuppofed, from circumftances, that lie was upwards of half an hour before he could clear the wall. From its enormous height and the ar rangement of the (pikes, it is a matter of aftonith. ment how he was ever able to accomplifh his pur pofe. Having gained the molt material point, he found, as on the former occafion, that no part of his plan had been negleited by his accomplices, for in Fleet-market he met two men waiting for him, on horfeback, leading a (pare boric ; heim mediately mounted, and they all galloped off to gether. A Watchman, on the outfide, obferved the meetings but did not know what had hap pened, till lie obferved the ladder, towards day break, hangingfrom the wall,oppofite Fleet-market, when he knocked up the Warden of the Fleet, who, on being informed of it, foon gueffed who was the run-away. This affair is the more to be regretted, on his account, as it makes him liable to the whole of the debts, which amount to eleven thoufand pounds !—On Saturday raft, Johnfon font out of the Fleet, a box containing linen, and papers, which caufed fome obfervations, but he was thought fo fccure, that it never induced a fufpicion that he meant himfelf fo Coon to follow. —Johnfon is a genteel looking athletic man, under 40 years of age, and polfelfes in an uncommon degree the art of difguifing his face and manner, as well as his perfon; fo that confidering his know ledge of the coati, and the number of confederates that he naturally muff have, there is no probability of his being caught before he gets out of the king dom.—Mr. Johnfon has a wife at Fluffing, where he was eftablithed before this laft affair. - He is con& dered as having conf u property, and within a very short time made great offers to the bail that rosicad him to obtaiali Isjkair. LAW INTELLIGENCE. COURT OP KING's BEACH, NOV. 2& WILLIAMS V. THE EAST INDIA COMPANY. . Mr. Easzla a moved that the non-fuit in this, cafe thould be fet afide, and a new trial granted. Lord. ELLENNOROUGH (before whom this cafe came on to be tried at Guildhall) read his report of the cafe. It appeared that the plaintiff was the owner If a (hip called the Princes Amelia, which the India Company had chartered. On her voy age from Madrats to Tellicherry, feveral military flares were put on board of her ; amongft the reft a balket containing feveral flafks of a fort of oil or varnifh marked Mogan*. This turned out to be a fub(tance of the moll inflammable and combuf tible nature, and eventually caufed the dettruCtion of the fhip ; the Firtt Mate, whore bufinefs it was more peculiarly to attend to the flowing the goods ou board, is now dead ; but the Captain, Second Mate, Purfer, and feveral other witneffes, declared that the name Rboxim gave them not the kan idea of what nature the , fubilanee was, and that the Mate was a fkilful man, and if he had been ap. prized of the nature of this fubftance, he probably I would not have flowed it in the part of the (hip which he did, where it was forrounded by corn builible matter. This evidence was confidered by Lord Ellenborough infi►fficient, and he nonfuited the plaintiff, on the ground, that, although the Mate was; dead, the Agent of the Eaft Indi.: Company who delivered him this Rhos= ought to have been produced by the plaintiff, to prove (if it was the fact) that no not►ce of its quality had been given to the Mate. Meffrs. ADAM, WOOD, and BOSANQIIET, on the part of the Eaa India Company, fupported the nonfuit, on that ground, that the only living wit neffes of the del►very of this Rho ,, an was not pro duced ; this Agent of the India Company might be examined upon interrogatories in India; they all() contended that there was no evidence that the Agents of the EaR India Company knew better than the Officers of the fhip the quality of this Mogan, or that there was any fraudulent conceal ment of this quality ; and That it was as reafonable to prefume the Mate had flowed the article unikil fully, as that any concealment was made of its quality by the Company's Agent. Mr. ERSKINE, on the other fide, argued, that he had made out at the trial a fufficient cafe to go to a Jury ; it was a queftion merely for a Jury to anfwer, whether the India Company, or their Agents, could be ignorant of the quality of an article produced and manufalured in their terri tories, and fent on board for the irfe of their army ? He alto conceived it was a queflion for a Jury to anfwer, whether they believed that the Mate, who was fworn to be a fkilful man in his bufinefs, could, having notice of the quality of this Rhogan, have Rowed it fo carelefsly as he did, though he had proved, that neither the Captain nor any Officer of the Chip now alive, had been informed of its quantity and therefore thought he had made out a prima facie cafe for a Jury, and that it was the bufinefs of the defendants to have difproved it (if they could) by the evidence of their Agent. The Judges, after conferring a long time, faid, that they fhould confider farther. Rhogan farms to be another name for yen copal. NOVEMBEIL 27. Mr. GARROW moved for a rule to fhew caufe why a criminal information ffiould not be filed againft Mr. Ridgeway, a bookfeller, near St. James's fquare, for publifhing a pamphlet, refleet ing upon the condudt of Mr.*ainwaring, and the other Juftices of the County, and charging them with unconilitutional feverity in the adminiftration of the Prifon in Coldbath-fields. The libel drew a parallel between Mr. Aris, the Governor of that prifon, and Mr. Cunningham, the Keeeper of Gloucefter Gaol; the latter is defcribed as Torture Mailer General. It Rated, that among the number of ceremonies indifpenfible in the cuffed abode, committed to his charge, that of cutting off the hair was one of the firft; it was however exprefsly fworn, that a prifoner never had his hair cut off, except as a regulation of health ; and that it was always fuffered to grow, at leaft for fix months be fore the prifoner was difcharged. The writer pro ceeded to (late, that neither the common or ftatute law authorifcd mutilation, except in cafes of trea fon or murder, and confequently Gaolers had no right to commit fuch an indignity on the perfon of any man. The pamphlet inferred, that while the people of England were rejoicing in the de ftruetion of the Bane in. France, they were over looking the Baftiles which were railing in their own country. In fhort, Mr. Gurrow faid, the oh jeet of the pamphlet was, the overthrow of every prifon in the kingdom. He had brought forward this motion, not at the inftance of any individual, but at the defire of the whole Body of the Magif tracy of the County.—Rule granted. Mr. Serjeant BEST moved for a criminal infor mation againft James Frafer, and Wm. Spencer, two Magiftrates of Heßon, in Middlefex, and William Permer, Surveyor of the Highways for that Parifh. The offence imputed to the Magiftrates was, that for feveral fucceffive years they had appointed Mr. Permer to the office of Surveyor, merely becaufe he confidered that as a public road which was a private one, and had it repaired at the public expencc ; it was a road which lay convenient to the Defendant's houfes. in confequence of this condudt, the ftatute labour was confiderably increafed, and a rate was made to the amount of 1331. The inhabitants appealed, but the fame Magittrates, who had made the rate, confirmed it. The Learned Serjeant faid he had an affidavit, Rating, that before the Defendants were in the Magi ftracy, no one ever thought of the road in queftion being a public road. Rule granted. George Goodwin, convicted of perjury on the trjal of Hart and Robinfon, two Smugglers, was again brought into Court. Sir N. Gloss addrefling him, obferved, that lie was to receive fentence for the crime of perjury. In a country, governed by laws, and in which the lives, liberty, and property of the fubjedt depended on the fanaity of oaths, the crime of perjury was no lets alarming than of late it had become com ma* TiteCosgiFsiall charaCter, fenteileed him to I 2 months imprifcm ment in Maidttone Gaol, and to (land in the pillory. Ifaac Benham and John Siggins were brought up to receive judgment, for'refifting Revenue Of ficers, and endeavouring to prevent their feizing a quantity of fpirits fecreted on board one of his Majefty's Packets. Mr. WILSON, for the Crown, obferved, that the (hip had been feized and reflored, yet the Ciptain had thought proper to make an affidavit in favour of thefe men Lord ELLFNBOROLIGH faid, he hoped the Port- Office would be informed of it. The obliru6tion of Revenue Of on board a flip, where there were no means of retreat, was a more aggravated offence than when committell-unibore ; and it was neceirary failors, who were guilty of it, thould know that they would be treated with the utmost leverity.—They were fentenced to twelve months imprifonment in the Cafile of Norfolk. Robert Bradley, for affaulting a Revenue Officer, was fentenced to eighteen months imprifonment iq York Cattle, and John and Thomas, his fons, for affifting him, to nine months. THE KING V. WATERHOUSR. The judgment of the Court was moved for, againft the . Defendant, Samuel Waterhoufe,for wil ful perjury, in an action brought by his brother, William Waterhoufe, againft a Mr. Skinner, and tried at Chelmsford, in I Soo. The queftion was p whether five quarters of oats, fent by Mr. Skinner to Samuel Waterhoufe, were fo fenc on his own account, or in part performance of a contrail, to deliver zoo quarters to 'V% illiam Waterhoufe with in a limited period ? The Defendant fworei that they were delivered on account of his brother, and that he never had any dealings with Mr. Skinner ; in confequence of his (wearing to this fact, his bro ther had a verdi&. was afterwards indiaed for perjury, and, on the evidence of a cont r ary aatement by Mr. Skinner, was found guilty. Mr. SHEPHERD addrefred the Court, at confides..- .1131 e length, on his behalf. The Court committed him to the King's Bench till the &ft day of next term. THE KING V. ROWED. The Defendant, Captain Henry Rowed, of the Union cutter, was brought up to receive judgment, for affaulting a Mr. Harbin. The circumstances f the assault, and the animofity fubfifting between the parties, have already been fully detailed on a former occafion. The Profecutor refided at Sea ford, and frequently invited the Defendant to his houfe. The Profecutor grew jealous of the De fendant's attention to his wife, and from what he related in his affidavit, he feemed to have good reafon to be fo ; the confequence was, the Profecu tor and his wife feparaied. The Defendant, on the other hand, became irritated againft the Profecti tor, for having reported that he had lived butler to a Gentleman, and that his, the Defendant's wife, was his Miftrefs. Urged by refentment, he one day, onthappening to meet the Profecutor, rushed againft him with the whole weight of his body, and insulted him with offenfive language. It was for this he had been found guihy. After the Court had, with great patience, heard a number of affidavits read, by which both parties completely expofed themfelves, the Defendant was fentenced to pay a fine of sole and enter into fecu rity to keep the peace for three years, himfelf in 2001. and two fureties in tool. each. NOVEMBER 29. WILLIAMS V. THE EAST INDIA COMPANY. In this cafe, of fo much importance to the 114- ping interest in this country, the Court this day gave their opinion. The Plaintiff was proprie tor of the fhip the Princefs Amelia, chartered to the Eaft India Company. At Bombay, a jar of paint or varnifh, calledrhogan, was put on hoard of her. This is a fubftance of the malt inflammable nature, but the people belonging .to the Princefs Amelia, being unacquainted with its name or qualities, it was not hung over the gallery, but flowed in the hold. After the (hip had been a few days at fea, it took fire, and in an inftant fet the whole (hip in a blaze. Every attempt to get under the flames was ineffthnal, and it was with great difficulty that the lives of the crew were faved. The declaration ftated, that the rhogan had been put on board without due notice of its nature being given. At the trial Lord Ellenbo rough was of opinion that there was no proof to make out this neceffary allegation, and therefore nonfuited the Plaintiff'. His Lordfhip now obferved, that a motion had been made to fet afide the nonfuit on two grounds: 1. That the declaration contained a negative pro pofition, and that the burthen or proof therefore lay upon the Defendant. 2. That if it was in. cumbent upon the Plaintiff to prove want of no tice, that he had adduced fufficient proof. In fupport of the firit obje6tion it was urged, that if the Defendants, inftead of the general iffue, had put in a fpecial plea, they mull have affirmed that wue notice was given, and that at the trial they would have been bound to eflablifh what they had affirmed. But there was a rule of law, that where it is the duty of the party to have performed any particular thing, it will be prefumed that he has done his duty, and that it lies wiih the other party to prove the negative. His Lordthip mentioned a cafe from Roll's Reports, where the Plaintiff alledged that the Defendant, a Clergyman, had not read the 39 Articles, and as it was the duty of the Clergyman to have read the 39 Articles to qualify him to hold his benefice, the Court laid it down that it fhould be prefumed he had read the 39 Articles till the, contrary was proved. In criminal cafes the fame dokftrine prevailed. Upon an information againti Lord Halifax, for not delivering up the Rolls of the Exchequer, it was held, that on the part of the profecution proof mutt be adduced that he had refufed to deliver them up. Here if the fervants of the Eaft India Company had negleaed to state the nature of this fubflance, thereby endangering the lives of his Majesty's fubjeds, they would doubtlefs have been guilty of a high misdemeanor ; the law would thus intend that they had done all that could be required of them. The Court was unanimously of opinion, that fufficient evidence had not been adduced. It appeared, that the only two pe rfons _ .