Star. — London, England, 1818-12-10 00:00:00

sey, remembered the SanJtian arriving at that island about the 9th of June, 1813. She was an armed brig. Mr. Burke called upon him at his counting-house, and said-that he war a passenger on board the ship, bound to England ; that the vessel had come into that port to be careened, and asked witness if he would advance money for this and other purposes. Witness objected, until Burke produced a bill for 000, upon Bogle, French and Co. London ; but he said that he would not ask for the money until wit ness received the amount of the bill. This bill was produced, and the acceptance proved to be the hand-writing of Augustine Bogle French.' Upon the credit of this bill, witness made various advances by order of Mr. Burke. The whole amount including commission, was 3191. which he was repaid by bills upon Messrs. Bogle.; French and Co. drawn a rw by Burke. A claim for dem done by the San Juan to another vessel in the r, was paid by witness to Mr. Burke's order , '- as repaid by a draft on French and Co. in lonclon,'•Witness remem bered the circumstance of the Pahnbat sailing out of the Road, and being followed listiseli‘tely by the San Juan. After proceeding about (our miles, the Palmira returned to port, and was followed by the San Juan. The latter left the island the ensuing day, with Mr. Welch and Mr. Berke on board of her.' Witneis afterwirds transmitted an account of the whole of his expenses incurred on account of Burke to French and Co. which amounted to 15004 John Mowbray, pilot, of Guernsey, proved that he piloted the San Juan intd the Roads of that Island. On going on board he was introduced tb Mr. Burke as the Captain. After the ship was cleared witness took her back into the RPads, and Was paid for his trouble by Messrs. Collingi, by order of Capt . Burke. John Hansen, another pilot, remembered going on board the San Juan the day that the Palmira sailed from the Roads. He saw Burke, who asked him if he were a pilot ?' witness replied yes, and that his pilot, Mowbray, had gone to another port. Burke then desired him to get the vessel under weigh, as he was going to sea. I n order to get out quickly the anchor was slipt, by the der of Burke. The Pal- Mira was then under wei gh, and Burke told him he must take the San Juan, lie same way as the Pal tiara. Shortly afterwards the latter came back again. Burke asked the reason of this, :aid witness said he' supposed that the tide was . spent. Berke then spoke with a 'gentleman; whom witness believed to be Welch, and shortly after the San Juan was brought back by Burke's direction. Sir John Doyle • stated, that he was Governor of Guernsey in'Juue, 1813. In that month two persons, named Burke ahil Welch, made their appearance at Head-quarters. Mr. Burke represented himself and Mr. Welch (who did not speak at all) to be passen gers on board the San Juan ; that Mr.Welch was an Officer in the Portuguese service. Witness finding Mr. Burke to be so extremely sensible and well in formed, invited him and his friend to dine with him that day. On that occasion Burke said he had come from Corunha as a passenger, and that Welch - was a Captain in the Portuguese service. The latter never spoke, but assented to what was said. The appear auce of the Spanish armed ship was a circumstance so extraordinary, that it excited a good deal of alarm in the Island. He therefore had as interview with Welch, Burke, and Loza, upon the subject. Witness remonstrated with Burke, in the presence of oilier persons, upon the subject of his following the Pal- Mira, and he insisted very strongly, in the first per son, hypothetically, that if he had a mind he might take that vessel. He did not deny or affirm his in tention of taking her. Being asked why he returned, he said he did so because he could not get up the Channel. In the course of conversation, he said that if he had a mind to take the ship, and had done so, all the Admirals in the world should not take her from him, and that if she were taken from him, he would smartly trounce the party in the Court of Admiralty. He alluded also to the power of the Spanish Court of Admiralty, which would ride over , the authority of all the navies of the world. He was extremely vehement and peremptory in his law upon the subject, but spoke hypothetically. Witness was overwhelmed with his arguments, and could not follow him. M'Culloch, a merchant of Guernsey, present at' the last mentioned conversation, confirmed a part 01 it. Captain Gordon, in the month of July 1813, com manded the Dwarf cutter, and was cruizing off Havre de Grace. He fell in with the San Juan. She was a North-country British built ship, carrying the Royal Spanish ensign and pennant; colours never carried by a privateer. Upon coming up with her, 'Fitness asked if any one on .board could speak Eng lish ? A seaman replied, that he could, and he was asked, sKho the Captain was ? The seaman pointed to De Loza: The tatter, upon being questioned as to where the ship was bound, said, perhaps he was going to Dover. Witness then expressed his surprise that he should come up with the tompions out of his guns, being an ally. lle then asked him if he had any British subjects on board? and he said no. Wit ness then entered the cabin (not having been invited so to . do according to custom), and was met by Mr. Welch, extremely well dressed and powdered, who apologisLd in a very gentlemanly manner for not being on deck to receive him according to custom. They sat down to table, and Mr.Welch said, in an swer to witness, that they had come last from Dart mouth, and were bound to Dover. Witness then asked him, why he did not proceed to his destina tion? but he replied, that he had instructions from his owners to cruize, and perhaps to make a prize, which witness could not touch. Witness told him that he never saw a Spanish privateer coming to cruize in those narrow seas, and therefore wished to know why he did not communicate his intention so to do to the Sehior Officer on the station ? He re plied, that that would not answer his purpose. After some general conversation, witness left the chip.—, Alr.Welch appeared to act as the Captain. As Mr. Welch appeared so much of the gentleman, witness did not like to hurt his feelings by desiring him to muster his crew, after he had told him that he had no British subjects on board. De Loza appeared to be a chief mate ; he was not well dressed. Next day he saw the San Juan dod,ging under easy sa il, an d h e sent an o ffi cer on board of her. The officer having made a report to him, witness sent and.took possession of her, and Weld' was brought on board the Dwarf He : - was shewn into the cabin by witness, and he ex pressed his surprise at the answer which he (Welch) had seat to the request which witness had sent with his cortipliments, that if he was I ing to Dover he would accompany him. Welch replied old said, that the young gentleman must hay' suimenstrued the answer. Witness then asked him what objecticn he had to go with him to Dover ? The reply was, that it would crush the object of his cruihe, and he 'added, that if he was forced to go he would prose cute witness. He further said, that such a proceed ing would produce the indignation of his owners, and the Government to which the ship belonged.— Welch then shewed a passport, describing himself as a Captain in the Portuguese Navy ; and in conse quence of this witness recalled his orders, and released the San Juan. Oi the 11th of July witness fell in with the Charlotta, Captain Hoffman, under Danish colours. He examined her ; saw her papers, which ware satisfactory. She wits bound for Havre, and allowed her to proceed to that destination. On the ISth of July he saw the San Juan again, being be calmed. The latter sent boats towards the Char lotta, and she herself set all Iter sails, and came down towards the Dane. When witness saw this he sent an officer on board the Charlotta to inform the Cap tain that the ship in sight was the Spanish ship which he had heard of; and to know if he was afraid of her, for, if he was, he, the witness, would see her safe. as the Charlotta's license would expire the next morn ing. A fine breeze had by this time sprung up, and the San Juan's bast passed witneses vessel, for the purpose of boarding the Chatlotta ; but witness's of- Seer would not suffer her to do so without his (wit ness's) permission, as an English privateer dare not do so. Witness sent a letter to Mr. Welch, desiring to know why he did not proceed to Dover, in pursu ance of his original destination, instead of interfering with the Dane? and received an answer that he acted under a commission from his Most Catholic Ma jesty ; and having suspicion that there was enemy' Woperty on board the Dane, he must examine her. itness therefore withdrew his officer from the Char: lotta, and shortly afterwards the San Juan made a capture of her. Witness afterwards spokii with Mr. Welch, with a trumpet, and asked him why he did not take the Charlotta to Dover, according to his own destination ?—and the answer was, that he (Welch) intended to cake her to Portsmouth, as being , more convenient, which was accordingly done. Samuel Moody, a seaman on board the Dwarf, when in .possession of the San Juan on 10th'July, heard Welch say that he was looking for a Danibh ship, and dared witness to stop him. Welch appeared to act as Captain of the San Juan, and gave orders. W. Ludwick Hoffman, Mister of the Charlotta, owned, as he understood, by Christian Anderson Lort. When he left London, in July, 1813, for Havre. was laden with sugar, coffee, and pepper.— The ship, 250 tons, was quite full. After he was captured by the San Juan, he saw Welch in the ca bin of the latter, w•ho asked him the name of the ship ? He replied, the Charlotta. Welch said, "0, I know you very well—l have got you down In my list—l saw you in the London Docks, when you took in part of lour cargo." Welch then said, he would take the Charlotta into Portsmouth, and which he did afterwards. Cross-examined.—The Charlotte came originally from 13ourdeaux, under witness's command—did not remember swearing that he had commanded the Charlotta for five years--belieied that she was a Danish ship—did not know that she was called the Grand Consul at Bourdeaux. Several letters'were here put in in the hand writ ing of Mr. Welch, Mr. Burke, and Mr. French, shew ing all these gentlemen to be connected with the San Juan, the correspondence having reference to Mr. Welch's claim for wages, as Captain of the San Juan, during a period of eight months, Mr. Richard Clarke, one of the Assignees of Messrs. Bogle French, Son, and Barton , produced the accounts Of that Louse. He stated that by these accounts, Mr. Burke was debited with near twenty thousand pounds. After the bankruptcy, Mr. But ke applied to uitness to advance money to go on with the suit in the Admiralty. His answer was, after mentioning the impoverished" state of the affairs of the house, that he witness, was solicited by the credi tors to arrest Mr. Burke for his own debt, instead of advancing money. Mr. Burke denied owing IVessrs. French any thing. There was about £lO,OOO entered in the account as for wools coming from Spain, which never made their appearance at all. The be-, ginning of the account, debiting Mr. Burke, had re ference to " adventure per Pitt," and went on to June 30th, 1813, the ship and stores being valued at £2300. The debt account contained various items of sums of money paid to hlendez, Larragoiti, Loza and others. Witness had found amass of papers in Messrs.' French's house, consisting of Burke's letters and drafts, &c. in a bureau locked up, by themselves.- -After looking at them, he spoke to Augustine Bogle French, and Mr. Barton, bankrupts, the cause about the Charlotte -being then going on before the Court of Admiralty, and he told them that those papers were very different from the accounts they had given of the San Juan in the Admiralty. Neither of them seemed to admit that. Some time after this, A. B. French admitted that the papers were but too true—that he had been led into the business by that bloody-minded villain, Burke, who did not mind whose neck he got into the halter, so long as he escaped himself. Mr. Barton told witness that he -might have reason to dread Mr. Burke's vengeance when he eame home. C: Witness had received £2,000 from the claimants of the Charlotta, in cor.sideration of his trouble, after the papers were delivered up. He had had a great deal of trouble ten months after wards. Could not say whether he had offered his labour for this sum, cr any body else had offered it. Began the labour about the end of 1815. Had not received any money then, but was promised money .for his labour. Neglected the greatest part of his own business for the interest of the claimants. He gave up the papers in question to the claimants about the end of November, 1815. The other assignees re ceived no part of this money, nor did they receive ,any money. He believed that Mr. B. Shaw, oue of the other assignees, might have heard from report, that he had received £2,000. Evidence was then.offered of the restitution of the Charlotta-,to the owners by the sentence of Sir Wm.. Scott, but it was not deemed aeisnissible. The Pitt, sus afterwards condemned in rent, but the evidence of that fact was not admitted. -A Gentleman named Fall was called, to prove that ',fir. Nathaniel Bogle French, the elder, died in Dee cember" , 1816. He stated, that for the last two years he was debilitated in mind as well as in body. Mr. Augustine B. French was under thirty. ' Mr. Simon Cock was not included in the indict ment, for want of evidence against him. After some further evidence, of a formal nature, the case of the prosecution was closed, at half past six o'clock, when the Jury were permitted to retire to take some refreshment. The Jury having returned, Mr. SCARLFTT proceeded to address the Jury on behalf of the defendants, Mr. Augustine Bogle French and Mr. Burke. He set out with reminding the Jury of the important nature of the question which they had to try, and the serious character of the offence imputed to his clients. He next proceeded to com ment upon the nature of the evidence adduced to support the indictment, dwelling particularly upon that of Mr. Clarke, whose testimony, he conten,led, was entitled to very little weight, considering the dis closnre he had made, that he had received the sum of L:2000 from the owners of the Charlotta, for the labour (as he called it) in managing their cause. Mr. CAMPBELL addressed the Jury on the part of Welch, and, following the observations for the other defendants by Mr. Scarlett, contended that there was nothing to shew that Mr. Welch was connected with the original conspiracy, supposing it to have existed. The CHIEF Justice, at a quarter past nine, pro. -ceeded to sum up the evidence for tne prosecution with great minuteness, and The Jury, at half past one, found the defendants Guilty, out recommended Mr. A. B. French to mercy on account of his youth. PREROGATIVE COURT, DECEMBER 9. t.IUSTO V. strrement. In this case, it appeared that Mr. Timothy Sut cliffe, of Henley-upon-Thames, about the latter end . of 1805, intermarried with Mrs. Nancy Osborne, and in 1804 made a will, by which he cut his wife off with a shilling. Previous to his death, however, he gave instructions for another will, of a very different te nor, in which he left the whole of his property to his wife, and these instructions were now propounded by Mrs. Sutcliffe as the last will and testament of the deceased. Three witnesses hid been examined to prove the capacity and intentions of the deceased, and the cause now came on for sentence. The Counsel in support of the paper of instructions argued, that the cause of the deceased having Made' the will of 1804, whereby he deprived his wife of all interest in his property, had proceeded from an un ,grounded motive of jealousy.; and the harmony in which they subsequently lived, and their Mutual af fection, was fully establishe4 in the evidence. The deceased was taken ill on theist of November, 1817; on the sth of November, Mrs. Sutcliffe sent for Mrs. Wigglesworth, an intimate friend and neighbour, and requested she would come to her; on Mrs. Wig glesworth's arrival, she strongly recommended tjte deceased, if he had any intention of altering his will, to do it without delay ; and the deceased answered, that he intended so to do. Mr. Chapthan, a school master, and resident in the village, was accordingly sent for; and when the deceased was informed he was come, he said he was very kind. Mr. Chapman pro ceeded to take the instructions, and having reduced them to writing, read them over to the deceased.— The only cause of their not being signed was the rough and unfinished state they were in. Mr. Chap man went home, with the intention of putting them lin a fair and complete manner for signature; but be fore his return Mr. Sutcliffe was un.ortunately taken worse, and died. The Learned Counsel said he h.:ped, upon considering that there was no impottunity on the part of the wife, the suggestion first originating in Mrs. Wigglesworth, the decided proof of the af fection that existed between the parties ' and the en tire unison which this paper bore to the deceased's intention, the Court would pronounce for the vali dity of such paper. The Counsel opposing the instructions admitted that there was an intention on the part of the de ceased to alter his will; but the extent of such alte rations, and what they were, did not appear, and therefore had nothing to do with this paper. lie con tended, that the situation in which the deceased was found, with his extremities cold, and his feet on plates filled with hot water, his spirits very low, and his head leaning on his breast, was a situation of an ex treme nature; and he hoped that the Court, taking all the circumstances under its consideration, would pronounce for the former will, and reject the paper of instructions. Sir Jotm NICHOLL, on adverting to the evidence.' said, it was clearly proved that Mr. Chapman, who Look these instructions, left the deceased with an in tention to prepare a will from them ; but before this, was done, the deceased was taken worse, and died. In that case, the want of a signature would he im material, provided the Court be satisfied that the de ceased had sufficient capacity at the time to make a Will. In all tastarneatary acts done in the last stage of life, it is incumbent on the Court to look to the transactions with great vigilance. It is quite clear, that when the deceased made the will of 1804, he was actuated by a motive of unfounded jealousy ; but that motive is proved entirely to have subsided, and the affection which existed between the parties subsequently is not merely proved by casual obser vers, but by their intimate friends and neighbours, and by their servant girl; and it is full) established, that they were, in every sense of the word, a happy couple. This being the case, therefore, it raises a probability that the deceased did not mean to abide by the will he made in 1804, when he had doubts of his wife's fidelity and virtue. His declaration, that he had built a summer-house expressly for her, and hoped that she would long live to enjoy it, was a proof that he did not intend the will to take effect. On his illness, before his death, he said—" I want Nancy to write to Essex for my old will, that I may alter my affairs." He also made a similar declara tion to his servant-girl. It was proved that he had made an appointment to go to Essex• for the exoress purpose of procuring his will, and wished his AviTe to accompany him ; but she, owing to some domestic circumstances, was not able to go, and it was conse quently postponed. These circumstances, said the Learned satisfy me that the deceased intended Co . make a new will, and leave an ample provision for his wife.—The question as to the capacity of the deceased has been clearly established. He had is:eu in only from the Ist I , :Overnber, and notapm e l : t• be in auy danger until the sth, the day i.lr e!; instructons are given, at which time he i s sir; on the side of the bed. 11,2 was only in th ree and not allicted with any violent ,i;so r d er k something to the alvantage of the case. thy. Sutcliffe does not appear to have been impo rt „ she does not urge him at this or any oth er t i me: persoas present are very retpectable, a n d there .% incongruity in the account they give—th ere is To • like conspiracy about the transacurn. After % ri k , structions were taken, Mrs. igglesvr ort h, to 4* fled that deceased's mind was a li ve to e•h a taAse... forward, asked him if he knew M r . C eaprr ,„ ? '4 he answered—.." Yes, sure, child. Thi s :eemsai he was surprised that she should ask the cl%.‘is.- s ,„; The circumstances before the Ccurt are stulic'.7ll- satisfy it that the paper cf instructions eset.s last intentions of the deceased, and must be pre rib ced for accordingly, the expenses of both parb il be borne out of the estate. OLD BAILEY SESSIOSs DEG & The following prisoners were capitey nta,f ttei Joseph Masers, for assaulting Levi Bassett, en King's highway, and taking from his person t--n seals, &c. Sarah Thrtaiies, for breaking and ante i the dwelling-house of Josiah Alien, and silver watch, &c. Wil/Irrn Baldock, for a•Litlt. Hushai Jones on the King's highway, and his pea son a hat and silk handketchief ; R. Troy u for stealing a clod:, three coats, &c. of Jo r! ; ley, in his dwelling-house; George Wm. H' :6, breaking and entering the dweEing-by.At Jol Spice, and stealing several articles et ueatlrg rel ; John „If? , ,r, for ste al ing a £.5 Bank-note ciLe „Jerkins, in the dwelli ng-hous? of ! Jonas }levet ; a ,John Pidgeon, for a burglary in the claell:nth a of Abraham Borradaile, and stealing tLirty Bt notes, and other monks. Willianz Cooper was put to the bar, hiving') indicted for w ninny and maliciously bhoOtillg ati tain persons, as-ignees in a bankruptcy. Mr. ALLEY applied to the Court to postpo:e trial until next Sessions. He made the motioa full affidavits, stating the absence of a very ma witness on the trial.—Granted: Charlotte Hill was indicted fol . :haring felonio poured a quantity of cold water on Leonora Pui a child only 'five years of age, by which its dc.th cansed.—Mr. ALLiT, for 4,l4.proskieution, in the case to the JttruAterfed, that if the pn charge Againstthe.pnsonsr was not pioied, she w still be oEliged to sibiaelqwiil at Clerkanted . . misdemeanour. Samuel Walden, a surge ant, called into in the enfant. Being asked whether be though treatment the child had received was the cause death Zhe said, he thought it was a likely caws Bucon.kan.—C43 you take upon yourself to that the .tteatment received by the child wa actual cause of its death? Was it sufficient to can Witness.—l think it WAS a likely cause of its The RECORDER then directed the Jury to the prisoner, as there was not sufficient evine convict her. The charge, he said, was reduce common assault, for which she would be tried tiler place. The Jury imme_liately.acquiued the prisons The RECORDER ordered ber to be detained next Middlesex Sessions at Clerkenwell, unle gave a security for her re-appearance herself and two others_ of CS each. now-sTarrt.,—,Y;st — ei daT J Adams riasr , m2nea d fa futp:d 5/. Bank Bute to a grocer, h HrarrctrJ-•trre Nlasrsoatscou-svaerr.—.l question V 7.4 argued how very- , tahlr•keepers are justified in breaking-:r kerses public streets. It was obverted, that a Gentleman wad I short time since In the Haymarket by a restive horse r with a b rm.:- on the pavement.—The Magistrates were mon, that ac , ording to the orw Act, a break being twice round a square, or twice through the same street, cunstit ofience upon which convictions and penalties would be war ..____. Oa Monday, the Ttlt inst. at his house In Monacan, the Lady of %V. L Burnes, Esq. Y.P. of a dauyhter. On the 3d hut. at Chtshunt.'dte• Lady of Thomas Wahon, Esq. oldie Foteigr Post-Meer of a daughter. Dec. 3, in Upper li.r:cy-x•reet, lady Isabella Brydre still-born child. Sunday, in Doke-street, Portland-place, the Lady of th J. 13. iloilingiwordt, of a daughter. :as YESTERUIV. Long Arm. 20 3.! India Bonds pr. Exch. Bilks ORltt. F r. Cons. for :lc.':ftii Lottery 'rickets CI COAL MARKET, Mc. 9. Ships Sold. I're Us (41 to sw Cd DIED. Sundny, in Ills £4th year, of a decline, Lieutena..t .1. binvm, of the 474 Rt•pimer..t. Monday, at Clay-111111, in her 'Alt yea t 'ourtesay, third dautitter of the late llithop at 1: BY HIS MAJESTY'S ROYAL usrrEls PATI lEAKE'i GENUINE PILLS, justly fur curing, in all its stales, tke VENEREAL Dl: One -mall Pad is a dose, and the taking of ore Box, lo case, will soon convince thegatient of the certlimyaii hi recovery. Nothin; cats be better contrived, more saie, convenient than tlas Remedy, for such as are oLl.ged to nits or to sea, as it needs no confinement sot re-trainti and sixty years experience !in an extensive practice) has that it will effect a Cues when repeated Salivation and method. avail nothing. F.ir the itclirvy and other C Disorders, this Medicine has not its parallel. Upv 401.00 persons of both sexes have been radically cure above crew) disorders, within the last eight years. Pre(. sold by the Sole Proprietors, TAYLOR and ON, k of the Royal College of Surgeons, at their House, No. Bridge•strest, in Boxes of only 2s. 9d. eaci duty trc N.B. Iwo back doors, and Lights in the Pass: rev at the) are also sold by their appciatmert, with co:ti at the •1 oy Shop, 10. t, Olforel4trert ; Mr. DieburoulYl Fish-street-hill, nearly •oproshe the kinounient Person in every consideralate town in Great Britain and Advice gratis to persoestakkig tbss above, or ocher of I rrietor's. Methcitwa. PRICE Ot_STOC ] Bk. Stock 2701 Reduced 78/i3l - Cons. shut 31 Per et.BSl SS • 1. per CL96i 96 Navy shut Ship. at lkistriK ,, t. Newc:Aile 2 Suatteritrd Dl.l ILS r [/41i 1 1 Weterford 1 1 Guernsey .unl Jersey 0 0 0 0 Flr.nders 0 0 'HIS DAI. Lisbon ,tat!a France llambt!r:h Swe.ien HiGIi•WATXIt at LONDON BILIDGR TO-M: Dlct:lag to alitaitsr.af Aftenone . LON 1.)., - )l47Printed a d 1.1vi, 7 1. 114'4, Tv.nplc.Bar.