Star. — London, England, 1802-11-15 00:00:00

TH EATIJCALi: CrNZVT-GA&DFN.—SALurdiy night anew En t .tt ,i n mont, entitled. _4 Tale M cry trauaa. f ro m the French, was produced, for the fir ft time; at this Theatre. and received very favoz . bly.—lt is of that defeription, called by our G • peirhbot Mdo Drew, including mufic, panto. To ; f ue, (peaking, dancing, &c. /lc kerie is laid in Savoy. Count Romaldi having become fired of the wife of his elder brother Fraud co, in order Ashbee boo his Poffeinon, betrays him, and he is carried into a/ by the Algerines. While he is in their poorer, he is real Jed by hiving his tongue cut out. He effedts his efeape sadreu rni, but being &coveted, Rornaldi endeawnws to of f:pate him by means of kited =Sans, who ftab him and toe him for dead. He is found, however, sad conveyed to the f am ily of Bochum, an aid Nobleman, brother to his wife, io d Who has Frantifeo's daubta, now grown up, living with to. Here the Piece Commimos, and a very irate n:Mg fame okes p l at e upon the ink of the dumb Franelko, who, writing and the weft mean geiturei, makes known his nnfortnnate &ludas. but witbolds bis name in order to Cermet to, brother from posdibenent Count Ronsaidtbere arrives to claim Bocamo's niece as a bride for his Whim apes ha ng hi s 1 1 brother is evidently alarmed and coofosivisd. SWIM Miter. wins fdpicion of the Count, and in a moverfalidn with Um, io which he betrays much confulion, breaks off tbe intended catc h. Selina, the niece, is much interefted in the fate of y nn aeo, and actually frultrates a (theme of the Count to mu rder bim while in bed. Matters are however fet to rights to the developement of the piece, by pmatifoo obtaining pa. ke o n a ims tfhtes, and his daughter being united to her cadet, the fon of Bonamo. ols a higiack this piece is certainly interefting, but it is much too long.—The dialogue has little of point to recommend it.—The mufic by Dr. Buss? is, in fame of the Movements, charming; 2 part of it, however, is, We believe French. There is a delightful dance in the fecond Aft by Matter BYRNE, young Boi.oomai .Dyaois, and WYBROW. The aging of H. jamb - rose, OLASCHARDI MALAY, FARLEY * Mrs. Miitdelp, hirs. Gins, &c. was in their beftinaaner. The canary is new, and charmingly appropriate, as are alfo the dreffes. We have no doubt the piece will, for a time, become a favourite, particularly wheal cut down, which it may be with eafe to its iruitrovement.—A little Part giVen to Sunnis may be omitted without lots. NAUTICAL INTELLIGENCE. MAILS THIS DAT.IVIND lawns. Dab • s Waterton* fissibseib • • . . PLYMOUTH, NOV. t 3. . naiad the Vamps Mon to the EaftwardolTlie Centaur .a of war, lib iikalatemi with faded orders. --~, usmotrni. IiCAWABER 14. . ! . arl im takinfiklbudign velfd , nii in Ho4i; Wale ber craw t a Ditch boy • at fe‘ltlis bilsgk it bite by two r r= ik 41~ Tie Ita Lon of LeadoN, blab WM= to *Os co OMR eii uis beau bobs Lilt ell kr teats; the Id oftbe teoiss. was dos melon of the death of the Cap tsboireth.ghwasermist; the IMP is =ra ft ed to be ad bvell *m l, ak Minh% Ii -. tar. tallow. Wimp 16111.1111. *Oa s LW. bat, N0T444•411114 . tbe Maddißes Mists+ ht P° l4 " !math, ad VW( gustdM on a erviss....Wind N. N. W. • OtAVZSMIO. Net w er ilarattloy, the Lady Ann, Martin, Gerrok Math, lrma Lagborn ; Wafter. Patarnmeg o zd s. dart Harry, from Rotterdam. ...W M the Hayi4 ler &Oates;Flt.ss,Mons -4106. far Leildmodiaa'n IwieT, Wows, for IDwiiies; jaws, i Ham; .N=lol, Adana, hr Barnissa ; Char. Nits, Dui, for Alolßerdant ; Aguas. HMArkfulo_kiblele` ohm; Nen Maleahn, MVOs ; Hasofrer; 4111Mifoi and Simla tayien Watt,lse imam • AIitIUVED • r labbwatb, the Ceres, Smith, from Oporto. At Dol m a, Pik burin, from,Loadon. At Galway, Adventure, Livifton, boss Loam. At Cork, Frisndlitip, Durant, from London; Wm; Davickin, front Archangel ; and Anna, Bo nk" Peteribuirb. At New York, Trelawney, Af. leek from Liverpool., At Philadelphia, New York, Seward, ham Ditto. At Linton, Brothors, Crafty, front Briitol; Nene. Downths, from Falmouth; Hokon, Manning, from Newfoundland ; THadtrios,Dliash from Coleman, and the Wafloingipt. Dyer, from Balton; Colworth, drawn, trom Rip; Frieda, Cromwell, and Sally, Mitchell, from Liverpool ; Hare, Watts, Dilitatett, Wllbro', and Venus, %roe, from New York; and Surprife, Patton, fres Lon don. At Oporto, Galatea, from ark, and the Apollo, Auborn, kom Pateriburgh. At Perms, Jahn and Sarah, Doggett, front Hop. At Hamberp, John and Peter, Sao* ther, front Landau. -1--. DISTRIBUTION OF PRIZE MONEY. , 114 . dapP &Minn. kir tbe capture of the y Wbeld mutts Mimic will itith ttald at the Swan, in Arundel-ftreet aaksam ; on Thurkla Cie The M , inotatir, Noethbinbeiland, Penelope. Florendnai and Malta [choosier, for the =retire of tbe French brip k Jews Raphael and h Cokindre, and die Takao rki : Or4alw and the marines of the Minotaiir, Northilmbedand• F in t a; sdaa ' Petterei, Poet Mahan, and Milta.fellooner, for the capture of the French Ihip d'Alger, and b il l rAltddei . will ,be paid at No. s. Little Scothnd-yard, the altiltdaf to clack month. The Ardent, America, Belilguens, IBS, Odd, Veteran, ga'tan, Babet, Blanche, Ceres, Juno, Eurill, d;tih m n. Lucia, Lug ' tea, Melpomene, Ittiblibek. Tour terelie, &nit*, and Circe ; the Weymouth armee Runtime ; the floors Arrow, Pylades, Ravin, Dart, and Wolverene ; the bomb% Fury, Ueda, Zebra, :Tartarus, and Diforrery ; the gun yeltels Gallant; Bouncer, Cracker, Otter, Pltunper, Peke!, P:trene, Haßy,Adder, Haughty, Teaser, Furnace, Force, Ty *refs, Defender, Attack, and Conceit; the cutters, Etc. Speed well. Lady Artrr,Teial , illing, Grace, Vigilante, and Phoenix ; recite, revenue, and hired armed veil& Refoindon, Badger, Adlive, Duke of York, Lively, Diligent, Nile, Tartar, Stag, hole, Faleon. Speedwell, Repulfe, Ranger, Alarm, Ely, Swal low, Lively, Hind, Suewcfs, A rg il s i ireyhousid, Swan, Eagle, Antelope, Dftmce, Mermaid,Hound, and Hunter, for the Dutch Fleet that furrender on the ,3oth of Auguft, 1 799, Sce• will be paid at N 0.2, Little Scotland-yard. On the 'th infant, at break of day, the brig alp the Erpe 4itvin, of Montrofe, from Riga to*Sebiedow, with barley, got on she Ofter, off Heivoetfluys. The Cainain and crew reached Hel•oet In a boat. The Northern Friends, Captain MONTGOMERY, which arrived at Greenock, on the 7th infant, in i 7 days, from Miramichi, (Nova Scotia,) made the Bland of T or y i n i o days; did not (peak nor ire any veffels on the pottage ; left loading at M iramic},i, the John, PEARY, for Liverpool. Captain OSWALD, of the thip Mary, arrived at I.;vcrpool from Qnebec, (poke, on the 4th ult. the Jet Tic, 135u., - Trom Greenock for QL3ebec, in the river SL Lawrence, all well; and on the 6th - k• ctal ,PABE ' ft, 1113 V. COURT OF EX-C!IEQyER • OWIIIIS MTH& SHIP ADVIINTUIte. This day, at about half r paft twelve; . . all the Judges Met in the Etchequersehamber for the de termination of different points of law referved for their confederation. In the matter of EVerby and M‘Farlatte, who were Onvifted at the Admiralty Seffions at the Old Bailey, for procuring the deftruaion of the !hip Adventure, Lord E}.I.IINHOROUGH Rated to the Judges, that upon objedions made at the trial, he had referved for the confederation of all the Judges the two following tjueftions of law i— stt. Whether Eafterby (notwithltanding his ads of Owner dip) could be legally c.onvidtcd as an Owner of the (hip, when by the Illiplegifter another perfon appeared as the role Owned sdly, Whether Eafterby and M'Farlane could legally be tried by t 0 Covet of Admiralty for fa procuring the chip to be de- T it Mt appearing that they were ever on board the M. Beset's, counfel 'for Eafterby, then rote and dell4ered eng of the moll ma fterly fpeeches ever heard in Weltminfter-Hall: it laded near two hours, and was one dote, conflated, revere chain of argument. .1-le (hewed that he has equal pqwen to convince the under(landings of the Judges, as to move the paffions of a Jury. But I though to the profeffional man it muff have been a rich treat, to the generality of unlearned readers, its merits would not be difcerned. Oar !ketch of it, therefore, (haft be extremely brief. Before be proceeded to imprefs more particularly thofe argu ments of which he had taken a general view at the trial at the Old Bailey, he begged leave to fay a few words on the ftatute of the t ithGeo. I. which was the one with which the cafe of the prifoners had moft to do. It was a Ratite framed according to a pradiCe at that time familiar, but now hap pily fallen into dilute, of blending many things of an oppofite and often contradidory nature in one common ftatute at the dote of a feffion, the confequence of which was, that many parts of filch ftatutes were loofely and clumfily worded, ben* drawn up by perfons altogether unaccjilaint ed with molt of the things to which they related. The ftitute in queftion was entitled, " An at tot, prevent finuggling, to regulate various pradices with refpeEt . to copper ore, and alfo to explain and amend a former aft of the laid King, for the pu nithment of fuch perfons as mould wilfully deftroy any !hip or vetfel, with intent to defraud the un derwriters." It .was ,no wonderjhat in Inch a heterogeneous jumbleof objeas, the molt impor tant ihonld be but imperfealy provided for, and that the cafe 0444 which *as now under the confederation of the Court, enormous as every perfon muff allow it to .Ik, fhoilld unpunifhed, as, from the negligence Or ignorance of the fra mers, the ftatute did not embrace it. The ftatute which this profeffed to explain was that of the 4th Geo. I. defigned to fecure the Britilli trade by providing a remedy and a puni(hment for a crime which was before without either. It was sectary therefore to recur to that ftatute, and to the previous names; in order to come to the =work and foundation oflaw, the as it now and to form a clear, upright s and confti tptional decidon, from a collective iieW of die whole fyftem. ere Mr. EItSICINS read the jti rifdition of the Admiralty Court from its firs et tablifliment by the ftatute of Henry VIII. before which time offences committed at fea were able only by the civil law. Their Lordfhips, he Paid, were curdling a jurifdiCtion commencing in a ftatute, cairied on through a facceftion of later Rams, and having no authority, no fuppful, but what it derived from ftatutes. The maxims aid rules of the common law could not be called in for aid and explanation where there appeared to be any defect or omiffion. The flatute of Henry VIIL did not make the offences enumerated fe lonies, as at common law : if it had done fo, the acceffiries would have been included according to the uniform fenfe of the common law. The offences were already felonies by the civil law, and the ftatute only gave them a common ;air form of trial. The operation of the ftatute was therefore underftood with that )ealoufy, which the com mon law long and wifely entertained, of every thing borrowed from the civil, not to extend to acuelaries, as they were not fpecifically mentioned. This was decided in the Court of Exchequer Chamber, before the twelve Judges, as Gated by Lord C oke, in his third inititute. Here Mr. Raced at length the law, with refped to divided offences, which were without a remedy, even in the cafe of murder, where the blow was given in one county and the death took place in another, till the ftatute of a Edward VI. as (Wed in the preamble of that ftatute. if piracy was corn witted on the coati of one ebtinty, and the plun der landed on the coaft of another, the receiver could not be punifhed, as decided in Butter's cafe, mentioned in Dyer's reports; and in like manner in any eoihmon robbery; where the goods were tranf ferred to another county, the receiver before that time efcaped unpunifhed. With refped to offen ces committed at fea, this imperfection was of much longer duration. Hale, in his pleas of the CrOwn, fays of piracy, that acceiraries by land could not be tried. The Admiralty Court could not try them, beeaufe their offence was committed on land, and its jurifdietion did not extend to acceffaries; and the common law could not take cognizance of them, as the crime itfelf was com mitted 'at fea. It was not till to William 111. that perfons on land aiding, aflitting, and procur ing robbery and piracy at fea, were made pu nithable as the principals in thefe crimes, accor ding to the (tante of Henry VIII. This Itatute was therefore fttbjed to the fame jealoufy in its conftrudion as that to which it referred, as was alfo that of 6 George I. which made the acceta ries to thofe crimes principals. To (hew Dill fur ther how* (lowly and imperfatly remedies were provided for thefe offences, it was not till the reign of Geo. 11. that murder, where the deadly blow was (truck, or poifon adminiffered on land, and the d a ook . . • ~t3lre ofiCOOlObs msg . ht be brought againft him : Coombs and his party a were fuppofed fmugglersi who, on, teeing the barge of a revenue Gutter approastk, quitted their lugger in the harbour of Chrificfittrch, and getting on lhore, fi red ?rem behind a wall, and killed one of the men in the barge. Coombs was found guilty at the Admi ralty SeMons at the Old Bailey, and exceptioo was taken to.the jurifdiaion ;• but it was decided by . the tiaelte judges, thie,,though the trigger was draWn on (bore, the wicked mind went with the bullet, and was prefeof when it (truck the cleceafed in the barge. This offence was therefore confi dered as committed entirely at fea, and the excep tion was let elide, , .but the cafe of the prifoners was different: it eras not ayanfadion wholly con fined to a fpace Of a few yar4s,..as well of land as of water, nor td a tingle moment of time, nor were they perfons who had been at lea, either during the criminal aa, or any part of the voyage previous to it. The flatute of 4 George 1. was made for the porpofe of preventing the very crime of which the prifoners bad been found guilty; de aroying or procuring to be dellroyed any (hip or veffel f o r the purpofe of defrauding the Un derwriters. But this aatute was itfelf imperfea, and the ilatute of i i Gen. I. was made to explain and amend it. By this Itatute, all perfons lo of fending were made guilty of felony without !ge ne& of clergy, and if the enactment had been confined tolhat, it would be fatal to his client ; but proceeding in a fubfequent claufe, to enume rate the various offences to which it was meant to apply, and omitting this, which was divided be the land and the fea, it could not, even if it affe.ded acceinries, be continued to extend to him. Mr. ERSKINE profelTed himfelf to be, not fo much the advocate of Eafterby, whole crime he abhorred as much as any man, as the defender of the laws of the country, whole wifdoni and huma nity it was not to go beyond the letter of what was written. He was Ilitisfied that, to men of their Lord thips' experience and judgment, the pro priety of this aria interpretation would appear, Whatever odium may be produced among the unthinking part of the community by the enor mity of the guilt which may Ibmetimes efcape under its fhelter. Every wife and juft perfon would, he was lure, be better pleafed to fee juftice in fome intlance fall fhort of its objets, from this prudent ftrianefs, than to have a latitude allowed in the conaruetion of our laws by which innocence may be endangered and oppreired. Mr. ERSKINE then advanced a leparate argument for Eafierby, I on. the ground that he could not be conficierecl as an owner in law, the regifler of the vellel at the Cullorn,houfe being in the name of M'Farlane alone, and that being the only evidence of owner fhip legally admithble. Mr. ERSKINE cited two cafes, one of a thip Aligned as fecurity for a turn of money, and feized back by the affignees of the perfon who fo transferred her,and who afterwards became a bankrupt, to which allignees, after dif ferent trials, the property of the vellel was ad judged, on the ground that the regifter was the only legal evidence, and that it continued in the name of the original owner. The other cafe was, that of a perfon profecuted for forgery, but who efcaped on the ground that the bill which he had forged was not on [tamped paper ; and that no inarument could be admitted in tvidence in a Court of Jultice but finch, as was in every refpea conformable to law. On there arguments Mr. ERSKINE relied, that •Itis client fhould be difcharg e.d from his fentence, trolling at the fame time that the Legiflature would fpeedily provide again fi the future poilibility of a iimilar impunity for fimilar guilt. He at lalt concluded by apoingifing for the zeal he had difplayed. He faid that no man was more tenfible than he was of the enor mity of:this offence, or received greater fatisfac tion from the verdict of the , Jury. He war Coutyd, not for the criminals, bat for the country. Mr. Serjeant Bssy argued on the fame fide for M'Farlane, whom he admitted to be in the fullefl extent an owner. His argument was therefore confined to the defed of the law with refpea to acceffariei, for it was as acceffaries that the in dictment ' appeared to him to charge them. He relied arongly on the omillion of offences divided between land and fea in the various ails on this head, and contended that if there was any tribunal entitled to take cognizance of the crime as com mitted by thefe two men, it was not that by which they had be-.-n tried. He, like Mr. Ertkine, pro felled himfelf the advocate of the law-and the con flitution, rather tha t : of his client. It might be lamentable that guilt fo enormous Mould efcape, but it was the glory of the Britifh law that no man could Puffer but by its arid letter. It thould be recolleded that there was no fortrefs thong enough to prote& virtue and innocence, which would not at the fame time give fhelter within its walls to vice and infamy, and that if a breach thould be made to have accefs to the latter, the fecurity of the former would be expofed. Mr. MARRYOTT after Wards delivered a very able fpeech, in anfwer to the arguments that had been urged in behalf of,the prifoners, contending that the Admiralty had jurifdiaion, and that fuf ficient proof had been adduced of Eafterby's own , erlhip. The opinion of the Judges will be announced at the opening of the next Admiralty Sellions.' • In the cafe of Babwell, convided at the Old ,for taking Bank Notes off a file, in the Bank of England, and re-iffuing them, on which he was referred for the opinion of the Twelve Judges, on a cafe, Elated, " whether at the time of committing the offence laid in the indiament he was a perfim entrufied by the Governor and Com pany of the Bank of England with the cuflody of the laid notes, and on fome other quettions to be limed?" Mr. juftice RAMC? this day obferved, that the Report received from the Judge who tried the caufe, (the Kacoansa) did not at all fpecify any fad or fans elucidating the queftion of his being a perfon fo entrufled, and as fuch he could not but confider it as defenive, and not in a !late on which they could found their judgment. eOtlitT OF KINTs BENCH. NOV. t 3. ELAM In MAW. •. Lord rf.Ltnio ! loyck gave the judgment of till. Cotirt in this care, - ".which was argued yollerday.--- It was a fpecial aelion on the cafe In tue nature of and by the cafe referved, it appeared thft the defendant held afarm under die plaintiff lot. the term of twenty-one years ; that within ih.2 fifteen lal years of the term he ere6teil feveral bsiildihgs ; vie.—a beall hotife, d foal yard, a carpentCr's 'hop, that,tbefe buildings were of htigk mortar, hovered with tiles, and had the:: fOiinda tions in the ground ; that the defendant, tvhen he went away, pulled down the buildings, dug op the foundations, and carried away the materials. It was alto found that th tie buildings were tifeful and necefrary in the occupation of the Farm The Court, he raid, had maturely couridered rill the cafes cited at the bar, and were of opinion that the defendant had not a right to carry away buildings In conflrui!led. The quellion of fixtures, as they were called, - might arife in three cafes. rirri, between the heir and executor ; and het e the old role of law prevailed in all its thinners. For whatever was affixed to the Freehold, was confi dered as a part of it, and the executor firotild take it away as perysimal property againit the claim of the heir. The second dais of cafes might :trill.. between the executor of tenant for life, and the re maind.r-man ; and here the rule had been forne what relaxed, For the cafes had. decided the ileam en gines, furnaces, vats, coppers, &c. ereeled for the purpofes of trade, might be removed without nib. je6ling the party to an aBion for walls. The third cafe, in which the queflion might arife, was between landlord and tenant : this was by far the molt important, and likely to produce the greateft number of quellions. And here the rule admitted of the greatell number of exceptions, The ground woe k of thefe exceptions was the favour (hewn to trade, and, therefore, whatever was eredled for the conve nience of trade, had been allowed to be removed by the tenant. Thus mills, cyder preffes, furnaces, &c. &c. had all been held removable, though af fixed to the freehold. It bad even gone further, and allowed ornamental additions to honfes to be removed, fuch as pier-glafies affixed to the walls; marble chimney-pieces, and even a•ainicots. But none of the cafes had gone the length of Paying, that buildings ere&ed for the more convenient en, joyment of the profits of the land fhould come within the exemption from the general rule of law, that every thing affixed to the freehold timid he conftdered as a part of it. The cares of fire-rn• gines in coal-pits, and cyder-mills, had been de cided on the ground that there were trades, and the machines neceffary for thole trades. In a cafe before Lord Mansfield, he held falt pans not re movable, becaufe they were only for the more commodious enjoyment of the profits of the land. On thefe grounds they were cf opinion that judg ment Ihould go for the plaintitf. It may not be improper to remark, as the cafe is one of general concern, that the law, as recognifed and fettled in the above cafe, will be as follows;-- That whatever is affixed to the freehold, not merely buildings, but 'loves fixed, glalres icrewed to the walk, chimney pieces, &c. cannot be taken by the executor againft the heir, but will belong to the latter. That in the cafe of an executor of the te nant for life, againft the remainder-man, ma chines ereaed for the purport.. of trade may be re moved, but not other fixture,, fuch as chimney , pieces, Sec. And that in the cafe between land lord and tenant, the latter may not only remove machines and ereaions for the purpofes of trade, hut alio all ornamental additions, Inch as marble chimney pieces, &c. But that buildings made for the more convenient enjoyment of the land, fitch as additional building to farms, 'hall in no cafe be removed, but remain for the benefit of thelandlord, CRIMINAL. INFORMATION. Upon the motion of Mr. GIBBS, ,t rule Plig was granted for a criminal information nft Charles Verrel, who iignd himfelf a Royal Military Draftf man, for a libel upon Mr. Lutterel, a Magiarate of Devonfhire. The libel was contained in a letter addreffea to Mr. Lutterel, in which the writer Hgloried in being of the " True Blue Party," who oppofed him. He next defcanted on his conduit as a Magiarate,and accufed him of partiality and oppreffion, and hinted an inclination to fight. Lord ELLENBOROUGH obferved, that the chal lenge was rather equivocal, but the attack upon Mr. L. as a Magiltrate was decifive. THF. KING V. GIBBONS. George Gibbons was brought up to receive the judgment of the Court for a libel. The defen dant was a printer, the corner of Great St. An drew's ftreet, St. Giles's, and the libel was a bill pi inted by him,which was hawked about Wapping, purporting to be the " full, true, and particular account of the bloody murder committed by Capt. Shuttleworth, of the Hercules (a Gentleman who was tried and acquitted at the lafl Admiralty Sef lions), upon one William Archer, his cabin boy." The defendant had fuffered judgment to go by de► fault. Several affidavits were read on the part of the profecution, by which it appeared that the hand-bill was hawked about the ftreet sof Wapping, and railed the indignation of the populace fo much, that they believed Captain Shuttleworth's the would not have been fafe if he had been prefent. Captain Shuttles% orth was committed on the 24th of April, and on his trial (yid. , Prport), was honourably acquitted. It was all) added, that when feveral perfong bought the bills in queflion at the defendant's !hop, he refilfed to del& from felling them, and told them that Captain S. had better be quiet, for the more he ftirred the .worte the matter would appear. Mr. ERSKINa admitted that the offence was very heinous ; but as the man had a large family he hoped their Lordfbips would in their mercy con fider that the innocent mull fuffer with the goat?. Mr. GARROW, for the Crown, preffed for a fe vere judgment. He Paid, that nn man criminally charged could hope for an unbiaffed Jury if this were permitted. The defendant himfelf expreffed his contrition, .itig.irnmifed. if mercy was extended to him, net E r . 3 I.