Star. — London, England, 1812-11-07 00:00:00

THE ARMY. N4P4L InELLIG.ENCas , •••••111Mmaimit• 'We mentioned, some months ago, the Intention ofl FALMOUTH, NOVEMBER 4.1' '' s " 1 ' :G overnment to obtain recruits in Africa for the Black I Arrived the Lord Keith transport, Captain Htic, l -,w es lndia Regiments ; and that, in consequence, from Plymouth, bound to Lisbon.; and his Majesty's ship Rams, from ditto. Sailed the following pee some Officers had been sent to the African Coast for kets : Duke of Montrose, for Corunna ; Marlborough this purpose. On this important occasion, a coin- and Quern Charlotte, for Lisbon; Carteret for Cadiz; mendable attention was paid to the habits and morals Princess Mary, for Gibraltar and Malta ; Lord Ches. a t he Officers selected for this service; and it was - terfield, for Halifax ; and the Walsingham packet, • dged indispensible to the success of the undertaking to; Barbadoes. .The SCYLLA and SEAFLowEtt sloOps j u dged 0 war, with . their convoys, still remain, but they will those employed should exhibit a very different thatno doubt sail to-morrow should the wind continue.— specimen of the European character from any thing Wind N. N. W. . w i tness ed by the natives in the conduct of those mis- • - 1 iii.kifOUTH, NOVEMBF.II. 1 'Irli" ' .1111 ' creams by whom they had been often visited, while i Sailed the'Acitires, 18 guns, .rm ti Cruize; NlNl the Slave Trade was permitted to exist. We are ROD cutter, for the Brest station; liortm,E, for Dub happy in being now enabled to lay before the Public Ea; PIUEBE, 36 guns, for rortsmooth, with' a con • some pleasing accounts which have just reached us voy ; and the BOYNE, 98 guns, Twat, 80, and &rut . Lino CASTLE, 74, for- the Brest station. Arrived the from the African Recruiting Depot at Bauer Island: HELICON, lO guns, from a cruize. Captain Mann " BANER ISI.AND (Africa), SEPT. 16,161 e. ' has commissioned the PELICAN sloop of war. The 41 according to my promise, I take the earliest 1 BELLE POOLE frigate is ducked to-day to ttpait de. opportunity to inform yon of my safety, and the de- i mages received by getting on shore on the black Rocks. Arrived the Spanish lugger ga Getrge, ee of success that has attended the African e w fiom Gijon, with nuts,* Looden. cruiting Establirhment. " Major WInoezELD embarked en board the He - PORTSMOUTkS NOV. 6. Arrived the VICTORY, It 6tOBIA, DAPHNE, UDE- Tald transport, No. 29, (his Staff consisting of Adju 'FATIGABLE, and l'weeo, from the Downs . ; also se cant HENRY BARRY HYDE, Li eutenants G REGG and veral merchantmen, whose names we have not yet FITZGERALD, Surgeon JAmes JOHNSTON, Ensign Mao learnt. Sailed the Nemesis for Corunna, FERVENT QIJUN, and Paymaster Lunt/tick:4 at Portsmouth; with a convoy for the . Douns, and the STORK with a nvor Cor. e oin convoys re together with three O ffi cers of the Royal African co maio oy at f Spithei k d : Th the JA f VA llow for g still the Cape, Como- Corps, and eighty men. The Herald proceeded tO DILE for Gibraltar and Malta, NIENIEN for Lisbon, Africa, which shore we Made on the 19th of July. COQUETTE for the West Indies, ATALANTA for North We landed a few of the African Corps and one Offi- America, Racoon for the Brazils and South Ame rica, and the Minettva for Bermuda and the n.thama Ame cer at Senegal, a few men and one Officer at Goree • ' Islands.—The INDEFATIGABLE and Lamm are order. and the remainder of the African Caps at Siena •.‘l to be fitted immediately at this port, for America, Leone, all in perfect health and good spit its—owing and are to have .in addition of 20 men each to their greatly to the indefatigable attention of Surgeon present complement. Joansron, in keeping the ship in a perfect state of DEAL, NOVEMBER 6. cleanliness and purification. In my letter of- yesterday, I mentioned that con 6 , The Herald proceeded from Sierra Leone to siderable fears were entertained for the safety of the INCONSTANT _frigate,. commanded by Commodore I - the ' for the African Recruitin Dana Island, . depOt _ Establishment, wherebY the vacancies in the diffe rent West-India Regiments are to be filled and effec tually completed ; which will be done much sooner than was anticipated, owing to the zealous exertions of Major Wntorteco and the Officers under him. " Four Kings or Chieftains have come to this place from considerable distances up the river, parti cularly the Rio Conga, and' have tendered their ser vices to the recruiting establishment. Volunteers are flocking in by dozens every day. We shall be enabled to send to the West Indies by the Ist of October next, 350 fine men and boys, from 14 to 18 years of age, in the Herald transport. The troops are won derfully docile—a disposition which is excited not a little, and maintained among them by the prudent ana unceasing attention of 'HENRY BARUY HYDE, whose skill in disciplining black troops has receive d lasting record in the example, the achievements, and hal d-earned glory of the Ist West India Regi ment. In a word, by hit exertions, these troops will be formed into a most respectable corps, qualified for every useful military purpose which the service may require. •• Owen, which was blown off her station during the late tremendous gales. I have now the pleasure to inform you, that shq arrived in the Downs this morn ing, after experienc.ng such severe and tempestuous weather, that appalled even the most intrepid seamen. She has lost lour anchors and one cable, but has sustained no other vet y tnaterial damage. One of the men was washed ovetkvard during the gale, but Was saved by the activity the crew. During their passage home, they fell in with a brig, without a soul on board, which, on exantination, appeared to be the Hare, of Sandwich, belonging to It. Emma.. son, Esq. laden with coal, but in such a distressed state, that she soon after went down. The crew, it is supposed, escaped in 'heir boat. Arr;ved the Baring and Barussa East Indiarpen, front India, last from Portsmouth ; and the Catherine and Caroline, LISHMAN I fiom Malaga, .and has sailedfor the Iti:er. SCILLY, NOV. 3. Came in the day before yesterday, his Majesty's ships FencnouNn and Hkaacux, from Cot unna. Yes terday a large schooner privateer hove in sight to the S. S.W. of the•island—the FOXHOUND and Huroox instantly got under weigh, and' are now in chace of her, but the wind is light, and we fear the enemy will escape. CORK, NOVEMBER 2. Saturday arrived his Majesty's ship DOTTERELL s of 18 guns, from Plymouth, shehaving been appoin ted, with the co, fii i pite, convoy to the next West India fleet. Arrived the same day, the VIRAGO gun brig, Lieutenant Pirrralor, also from Plymouth, with moorings, to be laid down in the Liver Shannon, for such men of war as may occasionally resort there.— ViS Majesty's ship DAUNTLESS" Captain BARBER, ar rived yesterday mornir.g from Falmouth. The ships for Lisbon and Cadiz, under convoy of his Majesty's shis JaLouss, will be ready to sail by Thursday at farthest. - 44 The troops for the West Indies will be under e command of Captain IZ,siss and Lieut. GnEou, vho, by their conciliating manners with the natives, lave not only removed every obstacle which might have operated to the disadvantage of the recruiting establishment, but won the affections, and secured • that perfect confidence from the troops which ren ders obedience easy, and insures perfect discipline. " Surgeon James JOIINSTON will accompany the troops to the West'lndies. We have all benefited highly by his rigid attention to medical discipline ; nor can language do justice to the hutilanity that characterizes every part of his conduct. " We are abundantly supplied with fresh provi sions by the zealous exertions of Lieuteftant Quarter- Master FITZGERA LD— an officer of considerable merit. An Officer lately returned from off Flushing, re ports that the enetny's fleet consists of '2l ships of the line, besides frigates and sloops, and is manned with one-third French, one-third Dutch, and one third Danish, who by no means agree together. A boat, with a Dutch quarter-master (14-merly master of a merchant-ship), and 18 men, wits lately picked up in the North Sea, who had escaped from die three-decker. They say the Dutch are deter mined not to fight against the English, and take every opportunity ot deserting. Government, it appears, has lately directed its at tention to the resort of foreigners to the sea coast. Mr. Bitoorce, the Chief Clerk of the Alien Office, ar rived at the New Ship inn, Brighton, on Wednesday evening, attended by a messenger; an active enquiry was immediately set on foot, and several foreigners were called before that Gentleman for examination, though at a b late hour. It is said that, among others, inquiries were made after three of the principal per- formers belonging to the Opera, who had been re. siding at Brighton for some time without the sanction of Government, but they had quitted it about a week since. t CCVENT•GARDRN b rIIEATRE.--The LOllof the iftior last night attracted a crowded audience.—the ( Men u ; parts are cast with so much strength and judgment, both in reference to the vocal and comic talent of the house, as renders it impossible that it should not be a I permanent favourite. The naivete of Miss Borrow ; the tenderness of Mrs. STIRLING ; Mr. INeetooN's bold manly tones; the more refined and delicate notes of Mr. SINCLAIR ; Mr.*.loetts's exquisite deli- The West Kent Mili t i a , under the command of neation of the fashionable fop, contrasted with the . ..ieutenant.C o l one l SHAW, have marched from North. humourous rudeness and vulgarity of Mr. Lasrcne's ampton to Ipswich. They are a very fine regiment, Moll F/es.-form a combination of excellence rarely consisting of a b out .9.50 men. They were stationed presen ted in anyone piece.—After the opera, a farce, during the disturbances at Nottingham and that entitled, The Cheats e - Sells:, was revived. The hero district. of the piece, Seapin, was supported with irresistible The-Royal Meath Militia (about 600), under th h e _umourby MT. MATHRWS. The adroitness with which command of Major BARNES, left Ipswich, the first he executed his knavish tricks, occasioned the lungs envision on Thursday, and the remainder yesterday, of the audience "to crow like ehanticleer, 4 through on their route to Norman Cross Barracks. They out the entertainment, which was received with every landed at Ilarwich last February, from Ireland, and demonstration ot applause. marched din•ctly to Ipswich ; they am an excellent Thursday evening the Parwcz REGINT honoured well-disciplined re g i ment , a nd I mes condoneettarem ry . Drury-bale Theme With bin preempt * :*,n first selves extremely well. time. 3 4 .-{ • • " On the 9th inst. we were alarmed by a furious i tornado, accompanied by a violent earthquake, which destroyed one of our largest Barracks, and buried, for the moment, 5o of our men in the rains. Providen tially they were soon extric.sted without the loss of a single life, but not without considerable tnjury to many, and very great risque to the concerned in freeing the sufferers from their temporary graves. I .Every Officer bare a conspicuous share in the pet.. r lows enterprize— those who suffered most have been ! humanely attended to, and every comfort admini stered to them by the Medical Officer, Mr. JOHNSTON, "he may not ally be stiled a vet y. lucky, but a most judicious practitioner. a Payinaster EASTLAKE, to whom it is Loped that the world will be rendered a dibtor for successful labours in peregrinating the interior of Africa, intends tt undertake that perilous thou Alt laudable adventure, about the middle of March next. He has commenced equipping himself for the enter prise—.m enterprise for which he is well qualified. by constitutii n, by youth ful but well disCiplined seal and 'ardour, and by an extensive firnd of trseltil information." LAW INTELLIGENCE. MICIHAELMAS TERM. Yesterday being the first day of Michaelmas Term, the several Judges, together with his Honour the Master of the Rolls, instead of the Lord Chancellor, entered Westminster Hall in procession, soon after twelve o'clock ; and after having attended as usual the Exchequer Chamber, they proceeded to their particular Courts. The Lord Chancellor was ab sent cn account of ill health ; but it is expected that he will be sufficiently well on Monday next to ena ble him to attend in Court. COURT OF KING'S BENCH, NOVEMBERt. The attention of Mr. Judge BAILEY was occupied for soma time previously to the arrival of his brother Judges, in the justification of bail, and in granting some few motions of course. All the Judges having arrived, the proper officers presented their periodical accounts of the state of the convicts at the several depots fur then about the kingdom. They were read ,apd ordered to be filed. CHANCERY DEPOSITION% WHETHER EVIDENCE IN LAW ? CASSENNO V. VAUGHAN. MT. PARK applied for a Rule, to sheer cause why :a new trial should not be granted in this case. It WAS a case respecting insurances, and had been tried a: the Sitting after last Trinity Term, before my I •L•ird Ellenborough ; but the ground on which he tested his application was, that the evidence admit ted on that occasion was inadmissible in a Conic of Law : it would therefore be seen that the question was strictly one of practice. The case which had been tried at the Sittings in Guildhall had gone be- Tore a Jury, in consequence of the directions of the Lord Chancellor ; anJ the evidence adduced on the Dial, by the pla:ntiff, consisted of depositions on a _bill in the Curt of Chancery, to which no answer had been tiled. Now it bad been held in numerous . cases, that depositions could not be adduced as evi dence in a Ce urt of Law, except an answer to that ,bill had been filed, or in the event of contempt. In the present case, the individual making the deposi , 'ions had not even been cross examined. Lord ELLENDOROUGII—" Did that fact appear on the trial ?" Mr. Panic stated, that it did ; and that the (Wen dant had not subsequently had an opportunity of cross-examining, for the examined had left town the morning after his examintion. i Sir W. GARROW begged leave just to state, that it appeared on the trial that the adverse party had an opportunity of cross-examining the individual who I gave evidence by deposition. Notice had been given to the adverse party that such examination would • , take place, and that party was invited -to attend, but , failed to do so. Copies of the necessary papers were ' at the same.time forwarded to them ; therefore suffi cient notice had given themahe opportunity of atten ding the examination. , • • , . • Mr. Panic persisted in his statement, and conten ded, that depositions tinder such circumstances could ant be received in law as evidesice. In support of this opinion, the Learned Gentleman cited Gilbert's Law of Evidence, p. 56, where it was laid down, Jim depositions taken in the Court of Chancery could not be received in a Court of Law as evidence, where no answer had been put in, and where there was no contempt. If the adverse party were in con tempt, then the depositions were admissible in a Court of 1..-i w. Loud 'ELLEN/3010MM said the question was, whe. ther the complaining party had an opportunity of A had been filed to examine, cruse-examining ? bill de Lone we, certain witnesses whose evidence was deemed necessary, they being about to quit the counts y. All parties, it had appeared, had been ap-; prized that such an examination was to !eke place. on the everting of the 15th of May, by copies of the chief interrogatories being delivered to the adverse party. On the evening of the 15th the examination. took place, though there was no cross examination ; and on the morning of the 16th the examined had proceeded to Harwich, where he remained till the 20th. Then was there not opportunity ? Mr. PARK submitted that there was not ; there fore did'he contend for the instability of the evidence. Paulett's case, noted in Sir T. Raymond, also prts.' red that depositions could be evidence in law, if there bad been no answer and no contempt. In that' case they were produced, but rejected. In Howard! v. Truman, a 'similar opinion was held ; for no de.: position would there be received, there having been no answer to the bid. A similar doctrine had also been held in Piercy v. Piercy, in Sir T. Jones's Re ports. The Learned Gentleman therefore submitted, that to receive evidence, under such circumstances, was not only against law, but in the very teeth of many previously-decided CAWS ; besides, to admit evidence under such circumstances, where no cross examination had taken place, would lead to the most dangerous consequences, considering how these de positions were taken. Lord ELLENBOROGGII observed, that the Court cer tainly could not take halt a witftess—that they could not admit only . one side of the case. If there had not I been opportunity, certainly the depositions did not I constitute evidence in law ; but he had received the 1 depositions on the trial, in consequence of having un derstood that the adverse party. had the opportunity of cross-examining. IMr. Judge BAILEY said, that the words of all the cases which Mr. Parke had quoted were with his client ; but the meaning was, that all parties ought to have a fair opportunity of examining the witnesses, when their evidence was taken by deposition. If Mr. PM ke's client had received i fair opportunity of , cross-examining, then serious conseyWnces might result from not allowing the drposi,iuns to be re ceived in evidence, although no answer hid been filed.—The Court granted the Rule Niri. . -,- . • ROBBERY Ok"IHE RinGtzToN &TAMP» - 1 ' • ' ' Mr. ANDIUSWB moved for a Rule to shevr , why a writ of Habeas C.'oryter gir should not bein ' ens* to bring up a man of the name.Sf Sosephl3irketk' ' now a prisoner in Newgate, into this Court, for tl* purpose of being bailed. The Learned gains.' stated that Birkctt was then in custody, on- a charge of having been concerned in the robbt.ry Of theßright,un stage coach, on the sth of February 'a'heu notes' to the amount of 1.3000- were stolen froth it. The present application was founded on the affidavit' sof Birkett, his father and mother, and a friend. In his await he fuUy declared his • innocence, and• gat in the mutt of MaLeh e ltabittti time after own ite commission of the robbery, he 'heard that One suspicion attached to him, and his friends repro idled him with his supposed misconduct. For the purpose of repelling the charge, he went to the Blossoms bin, from whence the coach set out, and, in company With two friends, entered into a conversation with the man who drove the (Mach, when it was robbed, whom he requested to rake a particular observation of his person, and then demanded whether he had any recollection of him to which the coach man made answer, that be had not—and that, to the best of his knowledge, he had never seen him before. He then wrote to Sir J. Pinhorn, at whose banking-house part of the notes were pay ible, and also to Mr. Gifford, the Magi:trate, stating, wit he was ready to surrender 'himself, and give bail for his appearance to take his trial at the Maidstone Asak s then next ensuing. He. went to that town, but no bill of ind7ctment was thenpreferred against him. — Things rentainA in this state till September last, when, after several examinations, he was committed, no evidence being adduced against 11:m except that of a person connected with the Maidstone Bank, who deposed, that the day a:ter the robbery, a man whom he believed to be. Birkett, presented a £5O note, (which was clearly traced to have been taken from the coach) and wanted Maidstoni notes iti exchange. for it. Birkett, however, swore that he was at borne on the sth of February ; and his father and mother deposed, that he did 'hot leave his house till atter twelve o'clock on that morning; so that the B: iglt ton coach, which set out at seven o'clock, must have been far advanced on its way from London, to its place of destination. From his house, it is sworn, be went to a friend at Hoxton, and conversed with him about some fish, which he was sealing to his sister ; and his affidavit, on this point, was borne out by that of his friend. • From the whole it appeared, that he was at home till twelve o'clock on the morning of the sth —from that he went to a friend at Holton, a great distance from his owl residence, which was in Bethnal-green--and returned home on the evening of the Gth. On the examinatiin of NI kett, the pro secutors declined calling the coachman, in conse quence of which - Birkett himself brought him fur ward, when he again declatred that be did not believe Birkett was the person. Mr. Justice LE 13L ANC t Does Birkett give an ace cd'aut of himself duri the titlsi of February ?" Mr. ANnanws+ 44 No, my Lord, be does not." Lord ELLEhinomouGu-6 , DJeS he negative the p as sing of the note ?" Mr. liannaws-- ,4 He does: not, my Lord bss; he states ltis general innocence." Lori ELLeNnottouou—“ If such lin eppliction were admitted, every prisoner would hare a right to claim his liberation.—You cannot take a rule." . COURT OF COMMON PLEAS, NOVEMBER 6. *lass v. sot w. ET/LIMING, BAR E. Mr. Serjeant SHEPHERD in this case move l for ride to shew cause why the verdict given against Defendant should not be set aside, and a new trial granted. The case was tried at the Sittings before 'ft iaity Term, by Sir V. Gibbs. The Learned Ser jeant said, be made this motion, tot on the ground of the verdict being against evidence, but on account of the weight of the evidence being in favour of the Defendant. The action was brought to recover the sum of ‘7O, alledged to have been pad into the house of Defendant, who is a most :respectable banker, in the Strand, by an agent lif Plaintiff. The contrary of which allegation we, contended by Dc. fendant. It appeared front the statement upon the part el Plaintiff, that he sent a porter, on the 19th el September, 1811, to the house of Defendant, with A. 70, giving him directions to pay it in there on the account of a gentleman named Hares, to whom Plaintiff was indebted in that sum. The porter re turned to him, and declared that he had discharge 4 his mission. Plaintiff, in consequence, informed Mr. Hares of the circumstance. Mr. Hares, however, waited upon him in a few days, and said, that De fendant had declared himself perfectly ignorant of the receipt of any such sum on his• account. Re course was then had to the porter, who persisted in his original statement of having paid in the cash, and, accompanied by Mr. Hares and Plaintiff, went to the house of Defendant, where he pointed out clerk to whom he averred he had delivered the mo ney. This clerk closely investigated h s accounts of the day on which it was stated the sum bad bees paid to him, but could not find any such entry in th• name cl Mr. Hares. It was true, lie did 'find an entry of £7O, but this was on the account of another person, for which he satisfactorily accounted. The porter, on his cross examination, could not tell either the numbers or description of the not6s he said he had paid in. The Jury, however, which was Com mon, found for Vaintiff. The Learned Serjeant observed, that the mason of the case was certainly favour of Defendant, as from the correctness wi which his business was carried on, it was not very likely that so gross an error could have taken place. Under all the facts, he hoped the Ccurt would grant the Rule. Sir VICKERY GIBBS recollected the case, and cer tainly thought the evidence was not satisfactory o n the part of the Plaintiff, and that the reason and probability of the case was in favour of Defendant. -,.Rule to skew cause granted: 4 . scpiT AND ANOTUffs At4StIFSSOIt•SEALE2 9 9. • OP" This was a motion 'guide by Fr: Serjeant Bar, ride to thew caulk why the nonsuit entered :_ this Aaiun should not be set aide, and a new trial granted.' Tht. case was tried before Sir J. MANSFIELD last Term, and it was an action•brought to recover from Defendant an unstamped agreement, which was alledged to be necessary to enable Plaintiffs. to ob tain possession of a valuable property, in which this Bankrupt was interested. The ground upon which the Plaintiffs were non-suited, was the invalidity o f an .unstamped agreement. The Learned Serjeant made his application for the purpose of making the agreement vatlid;by paying the usual penalty under the stamp act, which he said he might do,'uptat the authority of two cases in East's Pleas of the Crown, 24 vol. p. 955, namely, the case of " the king v. klawkeswood," and "iv The Xing*. Morton." The Court felt a good deal of difficulty in the case, ' and thought it of sufficient importance to requite -her ilrgument.--Reds to thew cause granted, 1 • St al re iit ie IC le to Ite cf tit he er, Ir- of ,e- -ia int a of VIA tbs 411 • I. 'he ler he rn- ant in ith err ce. ant 011 incl int. o. is rial :ast oin vas