Star. — London, England, 1812-11-24 00:00:00

THE A RMY: Dina, been reported, but without any foundation o we hat the whole of the Germal Legion was to he numuered as British Regiments, and thus to y a m part o• our standing army. It is hut justice to the gallant men vi ;.o compose the German Legion, to state, that no description of troops ever conducted t hemselves in a more batisf actory manner. The Mar quis of WELLINGTON, in particular, is generally very warm in his eulogiurns upon their services. They are found to discharge toe at duous duty of out-posts with mor e propriety than any other troops in the world. Their sober habits insure that vigilance and circum spectirn which prevents all possibility of their being s urprised by an enemy. In consequence f , f the reinforcements of Artillery sent out to the Marquis of WELLINGTON, and of his remands for more Officers of that corps, it is about to be strengthened by another Battalion. Friday' arrived in Glasgow, two troops of the 6th D r agoon Guards from Hamilton ; and on Wednes day, a detaehment of artille, y, with three field pieces, and the Perthshire Militia from Edinburgh. A disgtaceful scene of riot and confusion took place on Portsmouth Point, on Monday se'nnight, caused by a number of persons attempting to rescue some deserters, in charge of a party of the Limerick Mi. lids. The military behaved with the utmost fin-- bearance, although mat grossly insulted. A serious accident had like to have occurred to one of the Ser jeants of the Royal Waggon Train, by his attempting to stop an over-driven ox :—His throat uas seriously lacerated by the horn of the beau ; and many pyr sonswere in imminent danger. NAVAL INTELLIGEYCE. • OALMOUTH, NOVEMBER 21. Arrived the PliCENli cutter horn Ccrunna, left on Sunday last, the Duke of Montrose packet was to sail on thi evening of the same day. Sailed his Ma jesty's schooner ALPHEA ) Lieutenant M'DONALD, with the Regent and Success transports, with cavalry, sn'd Rambler (merchantman), GODFREY, for Lisbon; the Duke of Kent packet, for Lisbon ; and Chiches ter packet, for Bermuda with mails. The Windsor Castle packet sails tc-morrow for Cadiz, Gibraltar, Malta and Sicily. DEAL, NOVEMBER 23. Arrived the SNAP and Boxen sloops of war, from Leith, boUnd to rortimouth. Came down from Sheerness, the CRANE and BERMUDA sloops of War ; also the James PosmEwarrE, lot Jamaica, from the River. Arrived his Majesty's sloop CALLIOPE, frum cluize.—Wind S. W. The Favourite, Bps, from Liverpool to Picton, was taken on tie Ist alt. off Cape Breton, by an American privateer. The Argo, Walker, from the bouth Sea:, to Londor., is taken iy an American frigate. DISTRIBUTION OF PRIZE.MONEY. Fisgard, for the Wasserhemmel, &c. ; Fisgard, Lynl, and Flamer, for the Juliana, Ziska, Omen, and Furet ; Fusgard and Lynx, for the Christina Margaretha and Aurora ; and Brilhant, for le Point du Jour, the 27th inst. at 41, Norfolk -street, and there recalled. . Sandwich, for the North Star, on board; recalled at 41, Nor f. ipitreet. _ Lana, for the Brutus, the 26th inst. at 13„ Clement's Inn, and there recalled. Alert, for the Patriot and Blazer, at 1, At'child Terrace, and tare recalled. The officers and company who were itt Anholt at the time of ks Invasion by thebanes, tor head money, erdnance stores, and two gun-vessels, on the 27th inst. at 13, Great George-street, and elnre recalled. • Goldfinch, for the Nostra Senora del Carmen and Retrieve; •attd Cretan, for the Neptune, the .28th inst. at RS, Surrey-street, and there recalled: NAVAL APPOINTMENTS. Rear-Admiral SUrridge is appointed to command his Majesty's Ape and vessels at Chatham. Mr. W. G. Dowden, midshipman, of the Cephalus, to the rink ohLieutenant. Rear-Admiral Surridge, to be Commander in Chief at Chatham. Captain Bouchier is to be Admiral Foote's Captain. Captain Donald Me. L end, to the Princess. Captain Porlie ,, , to.the Sattelite. Lieutenant W. Webb, to the Centaur. Lieutenant J. Pitt, to the Banterer. lieutenant T. Evans, to the tterfleur. Lieutenant S. Millet, to the .Abercrombie. Lieutenants I. M'Gee and W.Weiss, to the Pelican. Lieutenant W. Kirby, to the Sattelite. Lieutenant I. Sadler, to the Princess. Lieutenant T. Scott, to the Con/act. Lieutenant Parry, to be second of the Wirer. Lieutenant %Vm. Todman, to the Rol al Williatn. Lieutenant S Donovan, to command the Veteran. Lieutenant Cyrus Elliot, to be second of the Prothee. Lieutenant Wadham, of the Royal William, to the signal sta tion at Fort Cumberland. Lieutenant W. Wilson, to be Agent for prisoners ou parole at tridgenorth. Lieutenant Plowman, to the impress service at Cork. Mr. P. L. O'Riley, Purser, from the Ardent, to the Canada. Mr. Mille, Purser, from the Indefatigable to the Ardent. Mr. Mc. Arthur, Purser, to the Indefatigable. fAr. John Fi nucat i e , S urgeon, to the A ssistance. r. Thontas Gallaway, (2) Surgeon, to the Vengeance. Mr. R. W. Bampfield, to be Surgeon of the Veteran. FIRE IN SHEERNESS DOCK•YARD.—Saturday morn ing, about two o'clock, the alarm-bells were rung itti l consequence of a fire being discovered in the Yard, 17 one of the centinels belonging to the battalion of detachments, on duty at that fortress ; but owing to the alertness of the men of this !mullion in bringing the engines to the spot, and their exertions in supply ing them with water and working them, we are happy tn state, that the tire was got under without doing atiy material injury. Friday night, about five o'clock, as one of the pas °age-boats which p:lss from Mutton Cove Quay, Ply- Mouth Dock, to Cremill Passage, was endeavow mg t°, ll tati a Portsmouth sloop that was going out of ljamoazo, the bowsprit of the latter passed through the sail of the former, and in a moment the boat (which w as a very strong one, and worth £ e6o) was shivered into an hundred pieces. There were on ficarcreleven women, the two boatmen, and a boy, the sun of Mr. Gethin, who keeps the Inn at Cremill. The most dreadful shrieks instantly announced the !Ilia petted catastrophe, and a number of boats pull lag to the Spot, with 'a promptitude that deserves much praise, the whole were preserved from a watery grave, though the tide arm then running down with such velocity through Hamoaze, as nearly to sink the buoys. From a Pr: eilmation which has appeared in the Ghttgov.r Papers, it appeari that some riots in that place have been occasioned by the weavers interrupt mg such of their associates as are working at a lower tst.: of wages than that lately fixed by law. LAW INTELLIGENCE.. COURT OF CHANCERY, NOV. O. MORRIS Ir. COLMAN. The LORD CIIANCRLLOR, this morning, said, the 'Master was clearly wrong in his Report; he ought to have stated, as the fact was, that Mr. Colman did consent, though with a protest. His Lordship said he should take the fact to be so, leaving the law upon this tact to be argued ;—he would certainly take the words of his declaration from Mr. Colman's own state of facts, and would give it in the morning. • .Sir SAJstum. ROP.IILLY" Then, my Lord, the ex ception to be allowed, and the deposit money to be returned ?" LOUD CIIANCFLLOR -••• 4 6 With a declaration of Mr. Colman's proest." COUR OF KING'S BENCH, ROY. 23. Mr. Justice BAILEY, previously to the arrival of the other Judges of the Court, was occupied for some time in hearing the justification of bail. Some At tornies were also sworn, and several Insolvent Deb tors came up to take the benefit of the Act. THE DUKE OF ST. ALBANS V. ELLIS. In this case Lord ELLENBOROUGH delivered the judgment of Court, by which the demurrer herein was affirmed. THE KING W. DAVIS. William Davis having been found guilty of a this: in having endeavoured to seduce a watch man to colleague with him in drawing off runt from puncheons in the London Docks, in such a way that ‘g the most ski!ful guager would not be able to discover the loss," was binught up for judgment. He was in the employ of Drinkald, a lighterman, and it appeared, that the prisoner had endeavoured to gain this and other proselytes to this practice of 66 priding pimples," by observing how easily it might be done, adding, that 66 Christmas was coming on, and a bottle or two of rum would enable them to make themselves comfortable in the cold weather." This reasoning, ad ho►ninem, however, had not the desired effect on the persons appealed to. The Court sentenced the prisoner to be imprisoned in his Majesty's gaol of Newgatc, for the space of Eighteen Calendar lvlonths. THE KING v. rickEnixa. The defendant herein, was brought up for sen tence, he having been found guilty of an assault upon Mr. Aldridge, tried at Salisbury the last Assizes. The notes of the trial were read, from which k appeared, that the patties were Sportsmen, but in the estimation of defendant Aldridge, had no right to shoot where Pickering met him. Mr. P. politely called the parties scamps, and said to Aldridge, d•-•-n him, he would shoot him, as he was an unqualified man." The assault hereup, n took place, in conse quence of Aldridge repelling the language of Pic kering. An affidavit was about to be put in from Pickering, but Lord ELLENBOROUGH thought it would be unne cessary, as it was rather an equitable than an actual assault. The affidavit, however, was read, in which was set 'forth the pains he had been at to preserve the game of the manor, of sihich the deponent was the lord. He complained to the parties in c,‘mpany with Aldridge, of having greyhounds and pointers with them, which tended to "spoil the spurt." The pro secutor then behaved in an insulting manner, flou rishing about his gun, &c. upon which the deponent w/s induced to observe, it that conduct were meant as bravado to him, 4 , he would ram the gun down prosecutor's throat!" Nothing turther than words [followed. Sir W. GA RROW, on the part of the defendant, merely re-marked, that, as no grievous assault had taken place, he would leave the minter completely with the Court. Mr. loerisc, on the part of the prosecution, con tended, that the public peace, as well as gentlemanly notions, called for an exemplary sentence, particu. lady Ls the defendant was a man of wealth and con sequence in the county of Wilts. Could such lan guage be justified as calling a man a scamp, a rascal, and a sccundit.:, when merely questioning the prose cutor as to his qualification ; and that too not even on the manor of Pickering ? That the assault did not proceed further might be the result of the prose cutor's prudence. Mr. Serjeant PELL followed on the same side, af ter which Mr. Justice LE Bwic delivered the sentence of the Court, which was, to pay a fine of A . 5 to the King, and to be continned in the custody ot the M. 0.- shal of the Marshals until such tine be paid. THE KINO V. ROUSE AND OTHERS. Mr. MAituvAr prayed judgment in this action; it was an information, and ha.: been tried at the Lent Canterbury Assizes, a verdict being found agaiust the defendants. It was for libels in the Minim, pe• riodical papers, published at Canterbury, (NO. 6, of March 11, and No. 7, of March 25), in the shape of " Canterbury : a Poem." It consisted of many dog- 1 gerel stanzas, and attempted a witty description of the office of Mayor, descending then to a description of the person who at the time filled that office, for the purpose of holding him up to ridicule. This de scription was gross, vulgar, and scurrilous. in the highest degree; and many witnesses at the trial swore that this description was evidently intended ,for Chas. Fount, Esq. an upholsterer and auctioneer of great and unimpeached and unimpeachable inte grity, of Canterbury, and the then Mayor. This wretched doggerel compotfition having alluded to that regulation by which Canterbury at•nually " - dubs some animal a Mayor, " went on to reflect on the person who h ad been elec ted, in such couplets as the following one : " This haughty slaw.; this overbearing cur, '' I once remember an upholsterer." In No. 7, in a postscript, the WHIM observed-- •' I hat they had felt it their duty to reprobate a certain mem ber of their Coryoratiqn (alluding to the doggerel composition in No. (i)., for thought be (the member alluded to) was below their contempt, he was not beneath their reprobation ; but they had stripped the jackdaw of its peacock's feathers, and kt the Cor poration think what they ought of the animal!" Sir W. Gmtitow, for the defendants, expressed his hope that the judgment of the Court would be le nient, as they had done all in their poser, in subse quent publications, to counteract . the effects of the two libels. Mr. Pena; the part of the prosecution, hambiy thought, t etchedness of the compositions 1 11 could not • • in extenuation of the csime of • publishing ; otherwise, how many libellers would escape from merited punishment I As to the subse quent conduct of the defendants, they had done no thing till after the trial ; and from the hour of pub lication to the present moment, they had obstinately refused to give up the author. With respect to the principal libel, it called for severe puni . shmeut, inas much as it tended to hold up a respectable anakjanb lic officer to ridicule and contempt—an officer %lune only offence was, that he had risen in life by honou rable and praise-worthy exertions in an honourable trade. Mr. Justice LE BLANc, in delivering the sentence of the Court, enlarged on the mischievous tendency of thoSe wretched despicable compositions, and of the increased offence of the individual before t!:e Court, in continuing obstinately to refuse to give up the authors. The .entente of the Court was, that they severally (they being three in number) pay a fine of A:100 to the King, and to be imprisoned in the gaol of Maid stone for six weeks. LIBEL, BY WAY OF CIIALLENOE. Mr. GURNEY prayed the judgment of the Court against Francis Aikin, for a libel on Lieutenant-Ge neral Delap, of the Ist or King's own dragoons, in having posted the latter a scoundrel and a coward, he having refused a challenge. From the minutes of the trial read by Lord EL LENBOROUGH, before whom the cause had been tried, it appeared, that on the 6th of April last, the priso ner posted the prosecutor in the public coffee-room of Ibbetson's, Vere-street, for a coward and a scoun drel, he (Aikin) stating therein, that Delap had, in three several instances, evaded giving'him that ho nourable satisfaction which outrageous conduct re quired as a propitiation. Having posted Delap, Aikin wrote to him, inclosing a copy of the posted placard, stating, that the posting had taken place at lbbetson's, Stevenson's, the York, and other coffee houses which are much frequented by gentlemen of the army. _ _ A long affidavit was put in from the defendant, who stated, among other things, that the conduct of De lap had compelled him to dispose of his commission in the Ist Guards, thereby tutting off all his future prospects in life, except the benevolence of the Duke of York should be exerted in his favour, on a state ment of the whole transaction being laid before his Royal Highness. It also stated, that some arrange ment had been suggested to fight without seconds, and went on to allude to other circumstances that had not before appeared in the ease, in consequence of which, Mr. Delap had not had the opportunity of answering, or even noticing those facts. Sir Witt. GARROW, in order that the prosecutor might have an opportunity of answering those newly introduced facts, prayed that the judgment of the Court might be deferred till a future day ; and it was arranged by the Court, that the defendant should be again brought up on Friday text, to hear his sentence. ASSAULT AND CHALLENGE. John Philip Elibracht was brought up to hear the judgment of the Court, lie having been found guilty of assaulting Mr. Bryant, a respectable Merchant in the City, and challenging him, with a view of causing him to tight a duel. Some words had arisen respecting disputed mer cantile accounts; and on 'Change Elibracht insulted Bryant, calling him " a d—d liar, a blackguard. and a scoundrel," then handing Bryant a card. The prosecutor tore the card, and scattered the renniants before the wind, Elibracht placarded Mr. B. and had continued to insult him on 'Chimp. Elibracht put in an affidavit, in which be eft. pressed great contrition for having acted scrincor rectly, tram real or supposed insults. The great cause of the misunderstanding had been on account of a charge of jive hundred guinea:, for a licence• to trade with soma of the French ports, sold by Bryant to one Maurice; and for which license the prosecu. tor had ultimately consented to take " only eighteen guinea:." The language of the prosecutor, respect ing the accounts, had been delivered in a haughty and offensive tone, and had thrown deponent com pletely off his gu-ird. Several affidavits were put in and read, after Lord ELLPNBOROUGH had observed, that " the Royal Exchange of London must not be made the scene of such broils." Sir W. Gitanow put in some affidavits, on the part of u e prosecutor, illustrative of the facts proved at the trial ; one from M. Shuttleworth Bryant, the , brother of the prosecutor. Mr. Palm observed, that he had not defended Elibraclit's conduct at the trial, nor would he do it urn the present occasion. Under all the circum stances, he could not but hope that the Court would visit the defendant with a lenient sentence, especially as he was a man of large family, and one who had fallen with his fallen country—Holland. j Mr. SCARLIITT followed on the same side. Sir W. GA EROW, for the prosecution, could not but observe, that, if the defendant now felt any thing like contrition for his conduct, it was the first time since tne commencement of the outrages, that he had evinced any such feeling. Mr. Justice LE BLANC delivered the sentence of the Court. Having detailed the particulars which led to the assault and challenge, his Lordship corn. mented on the gross indecency of making the Royal Exchange of London, where the merchants of the world assemble, a scene of tumult and broil. The sentence was—that Elibracht be imprisoned in the King's Bench for Three Months, and at the expira- ' tion of that term, to give sureties 'for his good beha viour for two years, himself in 8100, and two sure ties in £5O each. THE KING v. FLEET. Sir W.GARROW prayed the judgment Of the Court against William Fleet, the proprietor and publisher of The Brighton Herald, for a libel that had sp peared in that Journal, the 21st of March, on the daughter of Lord H. C. Somerset—the Hon. Miss Elizabeth Somerset. The libel was then read ;—it appeared in The Brighton Herald on the 21st of Match, in the shape of a paragraph, setting forth, that 4. a faux pal h4d been discovered in /ugh life, by which two Noble Families had been plunged into the deepest distress , and affliction—that it had been occasioned by an I (Nicer in the Hussars, who bid subsequently pro. mised the lady.marriage, but the Noble Lord, his father, had threatened hire with d4eisiwritanceif he' - -.!. , • complied with any such promise."—Affidavitsmadts by Lord Somerset and others were read, in which they stated their full belief, that the above paragraph was intended to 6x an. allusion upon the Hon. Hiss tomerset, stating their reasons for such belief. • William Patterson, staff clerk to the regiment of which Lord Somerset was the commander, and in which Captain Wyndham, the " Officer in the Hus sars" alluded to, deposed by affidavit; that having had frequeht occasions to call at The Brighton He rald Office, on business, he met with fleet at such office, on the •20th March. On entering the office Fleet beckoned him to go into a back room, and de. • ponent complied ; when there, Fleet sail to hem " Have you heard any thing about Miss Someriet and Captain Wyndham ?" No," replied deponent: -" Oh, you must have hear,l," continued Fleet—. " Miss Somerset has commit.cd a 11i/ with Captain Wyndham, and she is now two months gone; he has offered to marry her, but his father will not suffer him." To this deponent replied, le I will not be lieve it—there is no truth in it." The next day de ponent saw in The Brighton Herald the paragraph above gives. In reply to this, Fleet, in his affidavit, stated, that the above deponent (Patterson) was in the habit of procuring information for the Paper, for which he (Fleet) paid ; and that the conversation respecting Miss S. had been a private and confidential one, and that deponent had nut expected it to be divulge.' in such a manner. With respect to the paragraph itself, it was published in the hurry of buSiness, and without deponent having had an opportunity of reflecting on its libellous and scandalous nature. Another affidavit tees put in and read, in which Fleet was deposed to have said, when convening on the libellous paragraph, the licentiousne s s and im morality of Brighton are such as to demand the cor rection of a free press." Fleet next deposed, in an affidavit, that he had done all in his power to conciliate and to make repa ration to Lord Charles Henry Somerset for thetinjury done him, he having ever been deponent's benefactor and friend. Deponent had written to his Lordship by way of atonement; and had stated therein the circumstances attendant upon the publication. ,The paragraph, enclosed in a letter, had been found in deponent's communication box ; and the letter stated, that the intelligence disclosed in tit libellous para graph would be 4. very at-amble to the fathionable world." The paragraph was handed to the printets, and deponent again saw it- in a proof of the press, bat even then he had " no decisive idea that it ,al luded to Miss Somerset." lie, therefore, suffered it to pass, and into the Paper it went, but without any thing like evil of deliberate intention on the part of deponent. Another affi iavit stated, that Fleet acknowledged to the Rev. Mr. Carr, of Brighton, that the lady alluded to in the paragraph was the Honourable Miss Somerset. A further affidavit, from Mr. Fleet, gave art ac count of Captain Wyndham having called on him; and after getting him into a private room, that Cap tain Wyndham had given hifn a severe horse-whip• ping on the 26th March. Sir W. GARKOW, fix the prosecution, could not but obseive that some bf the paragraeh, in Mr. Fleet's series Zif afsdavits, had found way there much in the same manner as had the paragraphs into the Paper, according to its proprietor's account—" in the burr y and bustle of business ;" °Ebel-se/4o he could not ac count for their appearance. The defendant and his attorney seemed Much surprised at the unaccommo dating disposition of the noble prosecutor, but did they suppose it possible to sett e such a matter in arty other way theft by going Lefure their Lordships Let their Lordships reflect on what would have been the consequences Of compromise--why, " that fashienabie world," and those tea.tables, where the former batch of scandal had been so very accep. table," would have immediately said, on seeing no thing more than a contradictory paragtaph and such a ah ! this is vastly pretty-6„t we its how it it the matter is quite evident—the noble fa milies don't like to pursue the affair More publicly. Had there not been something in the first charge, the Paper would not have got off so .easily." Such would have been the surmises and whisperings, had the Noble Lord persevered in calling for it pub , lie judgment. As to the beating of Fleet by Cap tain Wyndham, he would not say any thing, tlar Captain being about to be brought up for judg: ment for that conduct; and if the mention of that fact by the defendant sheaved any thing, it wag the indecency of prosecuting him on that accaunt But what was the character of the libel ? Why the defendant himself should tell them I it was calcula- t:d ro plunge two noble families (the houses of So-, merset and Egremont) into the deepest distress and affliction. That was the defendant's own description of it, and it was a correct one. He ridicule.d the im: pudence of defendant's talking about correcting the licentious and immoral people by his free press ! He, however, could not but considet that this maa; to whom Lord Somerset had been such a benefactor and friend, did not stop to examine whether there was any truth in. this precious morsel of scandal, be fore he inserted it. gut the Paper must be made up, to go off by the Post, and in it most go the scandal, though it wounded a friend and overwhelmed hini with affliction. Newspapers, if well-conducted, were highly useful to the community; but otherwise they were the most abominable nuisances that any country could be afflicted with. At all events, those who conducted newspapers //lust take care what they in-. sett, or be answerable. Mr. Bnonunast spoke briefly for thedefendant, sub mitting that the contrition for, and abhorrefice of the libel, evinced by Mr. Fleet, gave him a strong claim to their Lordships' judgment, in mercy. The sentence of the Court was, that the prisonere Fleet, pay aline of eetoo, and be imprisoned in the gaol of Horsham for three Calendar Wriths. The Court was occupied in hearing these iudg ments, some few Motions of course intervening, till half past four o'clock. • Mr. Jiistice Guose was again absent, on account of , indisposition. • 4' • COURT OF COMMON PLEAS, NOVEMBER. 23. Lord Chief Justice MANSSIELD sat at Nisi Prigs this day, but, nothing of any interest occurred, as his Lordship's attention was occupied by a few unde fended causes, which were soon disposed of_ and the. Coin rose before one o'clock. ~ ~. a • ' .. . .." 0