Star. — London, England, 1813-07-30 00:00:00

ARMY. List night 'Curitain FRIMANTLX left town on his return to the army ; he took With him dispatches to Lord Wectittrroo. A detachment of the 27th Regiment, and One of Sappers And Miners, embarked yesterday at Port& inouth. Their destination is Santancier. A company of Royal Sappers and Miners em. barked a few days since, Under Captain CotzTlx, for the Peninsula. The 30th Regiment, which has arrived' from braltar. *as yesterday landed at Cowes. in the Isle of Wight, having been released from quarantine. The following Regiments of Militia are embarked •at Dublin for England :—Radnor, Merioneth, West ruorland, Lanark, and Nottingham ; and td replace these have arrived the Bedford, Moumoutbi and East Middlesex. A number of Army Invalids has arrived at Doter., to be conveyed to Chelsea. Yesterday the St. James's Volunteers commanded by Lord AMNIERSt, were inspected in Hyde Park by Lieutenant-Colonel HARNL%GE, and made a most respectable appearance in their new clothing. General BERESFORD has returned sincere thabks to 1 the Portuguese officers and soldiers, for their steady and victorious conduct at the battle of Vittoria. BATTLE OF Vitrotuab—The following is an ex tract of a private letter:—" I flatter myself our ope. rations have bf late become in some degree interes. ting ; I shall therefore give you a slight sketch of them. i write upon a pannier under a tree, with bad materials, for which the matter mast snake up. Our brigade left Salamanca the 2d, which the French had evacuated a few hours before our arrival. ten. Mares made his escape just as we entered the town. The 4th forded the Douro, the French having de stroyed the two centre arches of the bridges the 7th drove the French out of Palentia. King Joseph left it a few hottrs before our arrival. On the lBth we expected a battle before Burgos, bat the enemy blew up the Castle and abandoned the position, and con.; centrated the whole of their force at Vittoria. On the 15th we crossed the Ebro at St. Martino. Here we joined two other divisions of the army. On the 10th we were in a wood, within twelve miles of Vit. toria : here V/e were told the French army was pos. ted, with its right on the town, a river in front, and occupying all the adjacent hills, 85,000 strong, with 180 pieces of cannon planted on the heights. On the morning of the 21st we marched, at half-past three o'clock, being attached to the centre division, under Sir Tnos. Pic-rota. At nine o'clock we found the engagement had commenced. It is impossible for me to describe the position the enemy had chosen ; it seemed calculated to baffle human force. I have no hesitation in saying, that if the ground had been in', the possession of the British troops, and that they had been attacked by the French, that three.fourths of their army would have been cut to pieces. They continued to fight well till four o'clock, when they began to give way on their left, and shortly after the retreat became general. We pursued them for nine miles from the field of battle. About half.past nine Velock we formed an open column of squadrons, with the hussars in front and dismounted, the enemy coveted with cloud' and we with glory, and a thick wood, in which we passed the night without food or baggage, after a pleasant little ride of about eighteen hours. - Lord Wut.cnterrou came up just as we dis thnOnted i he said, " Well done, LWe Guards, you have acted nobly ! I will send your baggage up to you : make your elves comfortable I we shall be after them in the morning," thus amply repaying us for all we bad suffered: I am sorry to tell you, the .French did not stand our charge, but went right about, the moment they got a fair view of us t so that we have less eredit for valour, having so much for appearance. We bare taken a great many pri soners, 151 pieces of cannon, all the plunder of the French, their baggaoe, corn, te d . &c. the whole of JO4FII'S plate, cash, crown, Ind carriages. .I do not think they will have the impudence to meet us again, after the drubbing they lave received. A squadron of my regiment was seat into Vittoria dor ing the action, by .Lord WALLINGTON'S order, about four o'clock, to take possession of the town. They were within twenty minbtes of catching the usurper of the Spanish Crown I Joe had jest time to make his escape, and no more. He arrived at Salvatierra about eight o'clock, to which town we pursued him the next day—he was off, before our arrival, for Pam. Flom—Our loss must be severe, from the situation the French occupied—theirs is also great. I shall not shock you by a description of the ground over which we passed ip the pursuit ; it has made a last ing impression on my mind. The plunder which the soldiers got is immense. King Joseph, after his arri val at Salvatierra, about twenty four miles from the field of battle, as the mistress of the house assured me, had not a knife, fork, or spoon to eat his supper with—all he had was in our possession. He gave up the town for five hours to plunder to the ruffians that fled with him. And, I assure you, they perfor med the task to admiration, as nothing worth taking was left, and the most wanton destruction of the pro perty they could not remove." SZTRACT OF A LITTER FROM A STAFF OFFICER AT TARRAGONA. " The unfortunate businesi here has withered the laurels which the Alicant Army gained at Castella. What will Lotd Wrid.tNa - rotr say to us ? Seventeen thousand men, well equipped, sailed from Alicant on the Slst May ; they landed near Tarragona on the Kiig's birth-day, and the place was immediately in. vested Fort Felippe which commands the pass of Col de B3lgutr, was also invested, and fell after three days. The possession of this pass secured the left nak of the army against any attempt from irortosa, near which place Sumer was collecting his force.— The landin g o f t h e M ar i nes f rom t h e Toulon fleet in the Bay of Rosas drew the attention of Ds CASN, as well as of the garrisons of Barcelotia and Gerona.— The army of enroNs, and the Guerillas, were also extremely active and enterprising in that quarter, constantly annoying the enemy and distraeung his attention.. Every thing seemed favourable to the enterprise; but after the siege had been continued for a fortnight it was suddenly raised, to the surprise Of.every one in the army. The siege was raised without any enemy being in the rear ; and the guns, those with which Lord Wzi.stuorrosi took Bodajos, Abandoned, with all the stores—they were left to any pta . .on who chose to take them, and no one appeared st hand •ehen trey were left. The army was not minted either in ein disembarking ; If the enemy was sear, he certainly did not shew himself. " It was knoiv.• that Smut? was riot within three dajs iinich of us, and had he been near us, we had the sea ind our ships behind its. However, to com plete this ettraordinary busittess, after the troops were embarked a day, they were relanded not td regain their guns and stores, for they were safely lodged in Tarragona. What the enemy saw the coast clear, they Came dbwn and quietly took possession of the present we had deptisitbd for them. 41. " It was said then that the troops were landed to fight the enemy, who it was found, were not so sti o rg as at first imagined,• however no enemy was y t at hand, they were more than a day's march off, and Lord W. BENTINCK, who had just arrived at this crisis, ordered t h e arm y to re - em bark a second time. The army, soldiers as well as Officers viewed these doings AV ;th wonder ' • they were beyond our compre liension,"la our Commanders had no doubt wise reasons, and can, we suppose, satisfy Government and the country that the measures they adopted were the best. " The loss of the fine battering train—that which wrested one of the strongest fortresses in the country, with a picked garrison, from the French, is severely regretted, even by the private men. The loss of the battering train, of the ammunition, and . stores, can. not be readily repaired, and the enemy are in great want of them. Report does say, that the gallant Admiral HALLOWELL offered to embark all the guns and stores in ten hours: and no doubt the Jacks would have done it in less time, if necessary—but the proposition was rejected. This exp e diti on h as di,. pressed the spirit of this army, raised that of the enemy in the desperate state of their affairs, and no doubt has disappointed the hopes of the illustrious WELLINGTON, and of the British Nation—enquire you must, into it." LAW INTELLIGENCE. COURT . OF CHANCERY. JULY 29. CASE OF BERICHAMSTEAD CHAitITY SCHOOL. • A petition was presented to the Chancellor in this cue fore reference to the Master, to enquire whether a better mode of managing the Charity Escapes in this case might not be adopted, and the revenues ap plied In a manner more conformably to the intention of the founder? The founder, about a century ago, had left a con. siderable property to support a Charity School at Berkhamstead, calculated for the free education of 144 boys. One share of the revenue was to go to the Master, another to the Usher, and a third to the poor 'of the Parish. The Warden of All Souls College, Oxford, was appointed the Visitor. Various pro ' ceedings took place relative tv this charity in the Court of Chancery, in the dm( s of Lords Thurlow and Loughborough, upon complaints of mismanage. ment, or mTsapplicauon of the revenue. It was at one time stated, that the Master and Usher tonic the whole of their two-thirds without deduction, while that share which went to the Poor of the PArish was charged with the whole - of the public burthens affect ing die property, so that the poor of the parish often got nothing from the charity. A refetence had also been made to the Master, as to the mode of managing the revenue in the time of Lord Thurlow, and 1 mg leases, with fines, had been recommended without sufficient attentions() circumstances. That report was coa firmed, and the object of The-resent petition was to have the whole reviewed, with a view to a better sys tem of management. In one stage (4 The proceedings it had been represented that the number of boys at the school,instead of amounting t 0144, as the founder intended, did not exceed four. A sum of £5OOO re mained for distribution, waiting the event of the wise. The CHANCSLLOR said, that as to this being a school with an ample revenue, but without scholars, that was not his business, but that of the W a rden of AU Souls College, who was the proper Visitor. The Court, however, had jurisdiction over the revenue so as to take care that it was properly managed And dis tributed as nearly as possible according to the inten. tion of the founder ; and he, therefore, ordered a re ference to the Master on that point. POINT OF PRACTICHAVENSIELD ti. LEIGH. It is a rule that exceptions ter answers must be filed in two terms after the answers are put in, otherwise they are too late. An answer was put in, in Easter Term. The subsequent vacation, Trinity Term, the vacation following that, and Michaelmas Term, were suffered to elapse before exceptions were taken. At the close of the vacation after Michaelmas term, excep tions were filed. The question before the Chancellor was, whether the exceptions did not come too late I Mr. BELL contended that they were too late. Mr. AGAn, on the other hand, maintained that time flew with lawyers during the vacations, and that they were to go for nothing. The CHANCELLOR, after consultiPg the most ex perienced officers, was of opinion, that the exceptions were not too late ; and it w a s decided accordingly. COURT OF KING'S RANCH, JULY :a. SPECIAL 'CLUES. —DITCHSOURN 9. GLOVER. This was an action on a Policy of Insurance on the ship Preston, at and from Trinidad to London, war ranted to sail with the October convoy. The loos arose horn her having been' burnt by order of the Commodore. The only questioh was, as to her sea worthiness; and to prove this fact the Plaintiff pro duced thee policies on her voyages from London to C:orunna with an assorted cargo, from Cortuina to Newfoundland with salt, and from Newfoundland to Trinidad with Ash, all of which the defendant had underwritten, and they immediately preceded the voyage in question. T. Bayley, the shipwright, swore, that he had exa mined the Preston, in the August previous to the voyage in question; she had all the repairs that he thought necessary. The amount of the repairs might have been about .4100; he could not speak accu rately as to the amount, as be had not found the ma terials. J. Foster was one of a society that insured each other's ships. He had surveyed the Preston, and or derede* what re irs he thought necessary ; he consi dered herperfectly seaworthy; had underwiitten her awl paid loss. J. - Ditchhonm, master of the Preston, swore that she bad delivered the three cargoes which were men tioned in the policies, in excellent condition ; that she had been captured by an American privateer on her way to Trinidad, which took away some of bet • ropes and sails, bet that she replaced theist at Trini dad. The Preston made rather more water than usual when she 4ris loaded with her cargo of sugar, in consequence of the warm weather having opened her upper works. The shippers of the sugar, who were agents to Lloyd's, had surveyed her previous to put ting the sugars on board. He afterwards sailed to St. Thomas's to Join convoy, when they in pOrt ca reened the vessel, which he said was a common cus tom when there was nothing to do. They sailed with the convoy two days and a night, and having been obliged to e2rry a stress of sail in order to keep up with the convoy, the Commodore having made a sig- I nal of an enemy being In sight, the Vessel was much strained, and made.water very fast. Upon this he made a signal of distress, and the Commodore having ordered a survey, directed her to be burned, although the Captain offered to take her back to the West . Indies, if the Commodore would give him more hands ; this being 'refused, the Captain and crew of . feted to take her back without any assistance, which was also refused. Th e w i tness swore positively that the vessel was sea-worthy and sufficiently found. The mate and four seamen made nearly the same statement as the Captain., To prove that s he was not seaworthy, the defen dant called Mr. Slater, who had been master of the Scorpion, who swore that his attention had been at tracted, to the Preston, at St. Thomas's, by seeing them careening her, it being unusual to careen a loaded ship. He thought her a bad ship, particu larly as to her rigging. He did not think that she was in a fit state to go the voyage ; she was surveyed by him and two carpenters, and in consequence of that survey, the Commodore ordered her to be burnt. The crew did not offer to take her back, until they knew they were going on board a man of war; there was not sufficient rope on board the Preston to repair her rigging. No other vessel complained, nor was the weather such as to strain a vesseL Mr. Edis, Lieutenant of the Scorpion, did not take notice of the Preston until she made a signal of dis tress. He went on board of her : sbe leaked so much as not to be kept free without more hands; her rig. ging was very bad. He afterwards went on board to destroy her. She would not have been condemned for the badness of the rigging only, unless accompanied with the leak. Lord ELLENBOROUGH said the point for the Jury to consider was, whether the vessel at the time of leaving Trinidad was sea-worthy ? and all that went before or came after was only important as assisting them to form that judgment. His Lordship then remarked on the evidence; and said it was a question of con flicting testimony, on which it was peculiarly the pro vince of the Jury to decide.—The Jury found a ver dict for Plaintiff—Damages, itloo. • HarroN CARDER.—.-.Yesterday intoning janstr Leary was again put to the bar, and the farther inves tigation of the murder of Edward Clifford was pro ceeded in: Mary Clifford, wife to the deceased, was brought forward, and being in a very weak state, the Magis trates ordered her a chair. Her evidence on a forrear day was read over, and was in substance the same as she gave before the Coroner's Jury. In addition she stated, that, to the best of het knowled g e, h er h us b an d had, on the day preceding the murder, one £5 note, seven al notes, two guineas in gold, and 16s. in silver. Leary, the prisoner, she said, knew of her husband's having this money : and she accounted fo r hi s know ledgem th. following way :—.66 Leary asked me, Co the Sunday morning, in the presence of my husbsind., whether he or I had the money in keeping ? and I told him what there was of it, it was with my hus band : my husband was angry at my telling he had money about him, and said, did I want to get him murdered ?' Leary told me, on Sunday night, that my husband intended to leave London the next night at two o'clock, which made me watch him very close all day. When I parted from my husband for thelast time, Leary was with him ; my husband was very drunk, but Leary was sober." Mrs. Clifford was repeatedly asked by the Ivlagis trates if she had any thing else to say, or if she could recollect any thing else that had passed ? when she aaswend as often in the negative; but just as the Magistrates were about to dispense with her farther attendance, she related the following story t--4 , This morning before I came here, a young woman, who was from Ireland, came to my room : she had on a round hat, and I think I should know her again if I was to se.: her. I think she said she did something about Fleet Maiket, but my husband's corpse was ' brought home, and I was much distressed, and I hardly know what she said ; but I do remember so much which relates to my late husband. The young woman told me, that Leary and my husband were together at twelve o'clock tt night, at a public house near to where the murder was committed ; that they called for half a gallon of beer, and that my husband paid for it ; in doing which he pulled out all his money, the notes and the two guineas, on which the landlord asked Leary if he knew who my husband was ? and that Leary answered—' Oh ! he is my brother, and I will take care of him the landlord son atter turned them both out. The young woman further told me, that Leary was met at four o'clock in the morning, by a butcher belonging to Fleet- Market, who had said that Leary was in a state of great perspiration, and was Wiping his forehead with the neck-handkerchief my husband wore the night be fore the murder." Mrs. Clifford could not tell who this young woman was, or what brought her to her, room. There was no person in the room but her self when the young woman related this story. The Magistrates, in consequence of this statement, imme diately dispatched officers in search of the public house ; also other officers, to make the necessary en quiries of all the butchers in Fleet, Market, to know it any of them, or their servants, had seen the prisoner at the hour stated. - • The deceased's hat, and the shoemaker's hammer, were then produced. The hat was sworn to by Mrs. Clifford, also by the person of whom it was pur chased. Two of the police officers of Hatton Gar den swore, that they found the hammer now pro duced in the prisoner's room, covered over with coals. The 'hammer of which one end is round and the other flat, and about two inches wide, was compared with the cut in the hat, and the flat end exactly coirespon ded.-...The further proceedings in this business were adjourned till next week. Kursion-Honsx.—T. Coat:, a footman, in the em ployment OW Morley, a merchant, is 811nd-street. yesterdiy esimitesi:on suspicion of felotiY. Morley stated, that the prisoner had lived four manila in his service. About eight weeks back, after the prisoner had retired to hed, on going down stairs to see that all wa s sa f e , h e p erce i ve d a string introduced from the street, through the key-hole of the hall-door, _ and leading to the counting house, in which the pri soner slept. He burnt the string, and asked the pri. toner the next morning what it meant ? when he told him, that his brother was going out of town, and that the string had been thus placed in order that he might be awoke to accompany him to the coach. This cir cumstance induced the witness to watch him with particular circumspection. He, however, observed nothing to excite his suspicions further until Thursday morning, when, about one o'clock, he was alarmed by a great noise, as if a considerable quant i t y of glass had fallen, and immediately afterwards heard the cry of a Murder !" from his back-yard. He !Joked out of the window, and observed the prisoner lying on his back, crying out lustily. He went to hi s neig h. bour, Mr. Haddington, who had been also &Imbed, and with him and his servant proceeded to the priso ner, who said thieves had been in the house ; that he had pursued them, and had been knocked down and kicked by them. A tablecloth and a considerable quantity of plate was scattered about the yard. The prisoner's face had ;he mark of a blow and his side. also appeared to bes little bruised. He was in his shirt. Witness suspected the prisoner had himself attempted to commit the robbery, as there were no marks of violence whatever on any part of the house. • Morley, jun. deposed, that about half-past nine, on the night of the rcbbery, while he, the psi. soon., and a female servant were sitting in the kitchen, they beard a noise up stairs, as if a door had beets violently slammed. The prisoner and he went up stairs, but could find no traces of persons in the house. —B. Chambers, servant of Mr. Haddiagton, living next door, proved, that he beard the cries of murder , and, knowing it to be the voice of the prisooer, he went to him, and found him lying upo n hi s b ac k i n the yard. e felt his face, and found that he h a d , received a contusion. He afterwards assisted him to his bed. He saw the plate alluded to by Mr. Morley. —J. Hardy, servant to• De. Dennis, was alarmed by. the cries of murder. He went into his master's yard, which adjoined that of Mr. Morley, and found a .weat• number of silver spoons, which - appeared to have fallen from the wall.—Sapwell, the officer, examines' Ithe house, but could find ncfappearance of it lois broken open. Three watchmen, stationed at the hoc of the house, depbsed, that they beard the cry of murder, and were satisfied that no" one could have escaped without their seeing them.—The prisoner, in bis defence, stated, that, as he lay in bed, he heard a noise outside the door, and looked through the key hole, where he saw a light : he went back for his Master's sword, and hearing a noise in the yard, pro ceeded thither. The back-door was open, and u entering the yard, be was knocked down. He saw two men getting over the wall, and heard a crash. which proceeded from the plate falling. The plate chest was in the kitchen, add he had a drawer under the chest, from which his clothes had been taken,. When he heard the noise, at half-past nine, his young master and be did not search the garrets..—He was remanded. MAIILJPOROUGH4TREET....-1 hackney-coachman, c f the name of Mears, was charged by a Captain in the army with refusing to proceed to the end of his fare; and also with insolence. It was stated th.,t h e es .. gaged, at West End Fe, on Ttfesday night, to con. vey the Captain and two friends to the corner of Bond -street, in Oxford-street, for ss• Soon, after they had taken their seats, he attempted to put two other persons inside, which was objected to, when the two persons threatened to mil/ them, and ;kerwarde placed themselves on the outside of the. coach, aad rode to London. .0n arriving at the end of Portman. 'street he refused to proceed, without some addition to his fare, and was abusive. The defence was, that he-engaged to take the prosecutor and his friends to Oxford-street, and he had performed that contract; this appealing to he the fact, he was convicted only in the penalty of 10s. for abuse. • Bow•serisrr.—Tuesday, a Collector of the Tolls at Smallhury-greer, between Brentiord and Houn. slow, Seas convicted in the full penalty of 40s. with 20s. costs, for execting more than the toll, which is 2d. for a pair and 3d. for four horses. The Gentle man laying the information 4.n public grounds, stated, that this system is practised in a roost s ha me - Jul manner at this gide, having experienced in his own family, within a month or so, throe similar ex actions, the Collector having taken in one instance lOd. instead of SJ, for four horses, and twice 4d. for pairs. NORTH A wirox ASSIZES. - —The trial of HstAir Whits had excited a deal of interest in the country, and pub. lie justice was satisfied on Wednesday evening. by his being fully convicted.—The trial lasted from nine in the morning until eleven at night. Men of great abi lity were employed by the prisoners ; and, in conse quence of a flaw in the indictment of the female pi. soner, she escaped that punishment she otherwise would have been subject to. Sentence will be passed on Ilsfy and Kendall at the close of the Assizes. Exiscurtons—This morning Meru Milishire, who was found guilty at the last Admiralty Sessions, held in the Old Bailey, for being found in the act of open hostility on board.an American, was, pursuant to his sentence, executed on a temporary platform, at Exe cution Dock. This unfortunate young man was dressed in a blue jacket and trowsers, and wore a white straw hat, and had a Belcher handkerchief: was brought out of Newgate at half past eight o'clock and plieed in a cart, in which, behind him, was stated the Executioner and Assistant, and on his right sat a Clergyman, who frequently, during the awful pro. cession, assisted him in prayer. The unfortunate cul prit paid great attention to the admonitions of the Clergyman, and having arrived at the fatal spot, he was assisted upon the platform, on whichhe remained but a short period, and was then launched off, and seemed to meet his fate with becoming resignation. His body, after being suspended the usual time, was then cut down and delivered to his friends, who were waiting with a hearse to carry it away for interment. Tuesday maiming was executed, on bo..rd the BELLE POULC frigate, in Hamoase, Plymouth, Wil liam Francis, a private marine of that ship, for mai. ciously stabbing Serjeant Major Ross, with his b tyonet, in four places, when on duty, and also for having wounded James /*Donald, the ship's Corporal. I