Star. — London, England, 1812-06-05 00:00:00

NefPAL INTELLICANCB. FAT.I‘ . AOUTH. JUNE t. By the Echo, which artived last evening From y ess ira. we :.,e informed that a report was current thee ( f a picket being lost on the west end of Sicily, i n t he latter part of April. surposed to be the Dis patch, KIRKNE3s.—Wind W.S.W: PLYMOUTH. JUNE s. s A il,tl the VENERABLE, of 74 guns; to eruize on t h e jirrst station.—Arrived the Purse, a beautiful American schooner, captured by the Azattne, 38 I rtn is• This vessel was captured some time since, by the , NTEMEN, 38 guns, and was recaptured by the A me rican crew, the American Captain shooting the Midshipman that comtnanded the party. She is now iattnoaze.—Wind W. PORTSMOUTH, JUNE 4. Arrived his M.ljecty's ship }IOPE, f om a mite ; DieoFide frr m she DoWns ; and the HOTSPVH, after se i ne , t he East-Indiamen that sailed from hence on :the Bth 01 April to a certain latitude.—Sailed his' Majesty's Ship BACCHANTE, with the Swish AMlHlS 'ado', for L i, bon ; theACTEON, with a convoy for the Downs ; and , this morning very early, the out wArd.bound East Indiaznen, Under convoy of the Ingove"Wind. W. . DEAL. JUNE 4. • • A rr illd the IttwAt.no sloop ofersr from a anise ; 'tied the ALBION critter, from off Flushing.—Sailed his Majesty's ship POMPEg, for Portsmouth ; and the GLOntr, for Sheerness.—Wind YARMOUTH, JUNE 4. Art.ved the BRITISH FAIR gun-brig from a cruize. S a iled the LING GRORGE cutter for Hosely Bay.— The .111Encunsus, with a convoy, is in the O ffi ng, standing to the Eastward.—. Wind S.E. The Cossack, Captain KING, at Portsmouth, it ordered with all possible dispatch to Cadiz. The Buzzard, Captain WYNDHAM, is to be docked at Portsmouth. • The Muros, Captain A SERDOUR, accompanies Sir J. T. DUCKWORTH tb Newfoundland. The Escort gun-brig is to be docked at Portsmouth. • The Loire, Captain BROWN, is making good de fects at Portstnouth. The Stirling Castle, 74, Captain S. BREN TON, at' the Note, is ordered to Plymouth. The Provh nee. BUDD, arrived at Jamaica, was boarded off Li:tle Cai•ts on the 11th of -April by a Tr , nch privateer. of six nuns and 50 men, which a short time bet-re had c:eptiired, after an action of too hours, and ch. e on shore, a ship deeply laden fmm Jamaica, out 15 days, w itl- 12 guns and 25 awn. The Captain of the privateer stated he would take ft.. m her what he c nveniently could, and then bum hers—The vessel above alluded $0 is supposed to be the United Kingoom. A letter from Gibraltar, of the sth ult. states the . Howl reasons for the late gallant, though only in Ten successful, attempt of the HYACINTH and Gos tore, in the harbour of Malaga. A notorious free beetet, called Bar'bastro, had been long committing depredations on the Spanis't and British commerce in that quarter, and was lately at the head of no less than nine privateers, which, with same other vessels, Were destined to take away the French property from Malaga, in the event of a successi ill a tack on the land side by General BALLASTEROS. The particulars of the attempt of our little squadron are already known. It was conducted with so much spirit. that Capt. USHER, of the HYACINTH, carried the Mole-head in a few mi nutes ; while Capt. LILBURN, of the GOSHAWK, made Itimself master of the shipping. The whole of the enemy's privateers would-have been brought out, had teethe wind suddenly failed. A dead calm, and a lingl,t moon fire enemy great advantage; and an incessant fire front the beach was poured upon our Aran fellows, in the midst of which fell the gallant Captain LILISURN. In spite of every obstacle, how ever, Captain USHER'S efforts were at least partially tewarded; by bringing off the privateer, of 10 guns and 60 men ; ..he Napoleon, of one gun and 30 men ; and another vessel. ivt _dany of the Prussian merchants have heed totally ruined, it is said, by the presence of the French army. The rain which they had in their store-houses had been, of course, put in requisition,. for th- use of the armies; but payment was out of the question, and the Pussian Government was too feeble to interfere in behrif of its subjects. RANELAGH GARDENS, MILL-BANK.— Amongst the numerous places of public amusement, Ranela'h Gardens has deservedly obtained universal patronage, as the Proprietor has spared no eipence that taste or ingenuity could .uggest to render this spot I perfect Teirestrial Par. dice. The qrtrdens were last night crowded to an overflow. Sever al distinguished chi . tatters w- re present, who .typressed their unqualified *e .. lkyprnhati ort of their evening's amusements. The Aquatic Fire-works on the River Thames, as also those •irr the Gardens, were received with unbounded accLenatii rs applause. Five THOUSAND Pousns.—The Ticket No. 2,275, drum yesterday a Prier of 5e5,t , 00, and 6,44 a . Prize of £360, were sold in Seventeen Shares at WERes Lucky Lottery'Office, 17, Ludgate -street, vear.St. Paul's; where likewise No. 204, the last Prize of £4,000 ever :hared, was also sold. -The Fortueate Holders of the above Shares, may receive their Mrs ne on demand. be nd at• ess mks sre ip CORN-MARKin , MARK-LANE, JUNE 5. There are fee t arrivals of Wheat to-day, but again tolerable P titualif g quantities, part from the North country; sales dull. aid cominue at little fluctuation—Barley in short supply, and atio deter—Nlalt rail er higher—White and Grey Peas, and Nl.s at each description, keep their price— Oats are in middling apply', and this trade supports the late advance— Flour remains le late qoOtrd prices. , CURSIDTT PRICKS At lINDtt eat, 851. 110 t. 1901. Beans 70s. 76.. Rae ditto, 184$. NM. Tick ditto (new) 6135.7311. • • k7e, 766 ses. • Ditto (fine Old) 745. 7511. Barley, 60s 68s. oil. bits, 455. 504. 545. Mall, 90$. 9 75. Poland ditto, 555. 5110. Pease (batten) 80s 136 s kotatoe ditto s 0.. 60s. Pine Elour i 105 6 .110 5 .....5ec0nd5, 10 0. to 105 s. SMITHFIELD—June S. Its 24 tO 4d I Veal 7s Od to Ss ad anuses ss 4d to 6 s 4d Pork 6s Od ter 7s Od .b 7s. to 6s. Od. PRICE OF HAY Lan AND SIRAW IN SMITHFIBLD. Hay 11 105 to 31 10s New Closer 51 les to El 10$ thy Hay el os 10 Ol Os &taw II 10s tO 31 Os 7112 11k173 BIRTH-l).!?. Yesterday his MAJESTIC completed his 74th year, which was observed by the morning being ushered in with the ringing of bills, t'te colours and standards displayed from the steeples, &c. The PRINCE REGE T. accompanied by thb Duke of CUMBERLAND, left town soon after nine o'clock, for Windsor, where they were met by the other branches of the Royal Family, who, with a select party of par ticular friends, paid their complimentary respects to the QUEEN, in the Grand Saloon, on the return of the day. Princesses AUGUSTA, SOPIIIA, and CHARLOTTE of WALES, the Dukes of CLARENCE and KENT, rode on hor,eback in the Plantations, &c. accompanied by Lords SOMERVILLE and ST. HELENS, Generals GARTH, CAnrwntorrr, and WINYARD, COLHIOI TAYLOR, and Lady ROSSLYN. The Park and Tower guns 'mitred at one o'clock. The Mail Coaches formed a cavalcade, as usual, and in the evening proceeded from the Post Office through the City and the Strand, to their respective places of destination. The cattle in new harness, and the men newly clothed, wearing large bon:mita, made a gay exhibition. They paraded from the Fac tory, Mill Bank, by Parliament -street, Haymarket, Piccadilly, through St. James's Park, Horse Guards, Strand, and Fleet -street, to the General Post Office, preparatory to their receiving the Mails. His Majesty's tradesmen evinced their loyalty and attachment by brilliant illuminations. The public offices, places of amusement, and distinguished buld ings in the western parts of the metropolis were most luminously hung with lamps. Covent-Garden Theatre exhibited the initials G. R. surmounted by a superb crown, in coloured lamps ; the Lyceum, G. R. a star in the centre, and a splen did crown above ; the Haymarket, a crown, G. R. and other ornaments ; the Opera House, Astley's Amphitheatre, Surrey Theatre, &c. &c. were iilumi ' nated in the usual manner. Yesterday afternoon Mrs. POLLOCK, Lady of Mr. POLLOCK, Chief Clerk of the Treasury, 'entertained, according to annual custom, the Female Children belonging to the Asylum, at her mansion, Belmont House, near Vauxhall, with tea and plumb cake ; and nn their departure in the evening, gave each of them sixpence ; the little orphans (200 in number) were highly pleased, as they are not suffered out of their hospitable place of refuge, only when this good Lady solicits their innocent company. THE ARMY. The following documents, indicating a great im provement in the imi,ortant point of military punish ments, recently the subject of so much debate, will will be read with great satisfacti. n : CIRCULAR. Horse Guards, 25th March, 1812. Stft—The Commander-in-Chiet judges it expe dient to transmit to you, with the enclosed docu ments, a tew observatiiJns on the salutary effects, with which it is reasonable to hepe, that an occa- , sionti recurrence to the powers, with which you are thereby vested, will be attended ; amongst which the-most obvious advantage is that of limiting the operation of Regimental Courts-Martial, strictly to the purposes for which they are designed by the Le gislature, viz. for inquiring into such disputes and criminal matters as may come before them, and for inflicting corporal or other punishments for small offences ; and in order to prevent the possibility of any misunderstanding on this important point, it is his Royal Highness's command, that on no pretence whatever shall the award of a Regimental Court- Martial hereafter exceed. The Commander-in-Chief has commanded me to take this opportunity of stating, 'teat there is no point on which his Royal Highness is more d ecided in his opinion, than that, when O ffi cers are earnest and zealous in the discharge of their duty, and com petent to their respective stations, a frequent recur rence to punishment will not be necessary. The Commander-in-Chief is confident, the Officers of the army are universally actuated by a spirit of justice, and impressed with those sentiments of kind ness and regard towards their men, which they on so many occasions have proved .themselves to de. serve ; but his Royal Highness has reason to appre hend, that, in many instances, sufficient attention has not been paid to the prevention of crime:. The timely interference r)f - the Officer, his personal in. tezcou. se and acquaintance with his men (which are sure to be rei,tiel by the soldiers' confidence and at tachment), and Above all, his personal example, are the only efficacious means or preventing military offences.; and the Commander-in-Chief has no hesi tati<in in declaring, that the maintenance of strict discipline, without severity of punishment, and the support ard encouragement of an ardent and mili tary spirit, in a corps without licentiousness, are the criterions by which his Royal Highness will be very much 'guided, in forming his opinion of the talents, ablities, and, merit of the Officers to whom the command of the different regiments and corps of the army are confided. I have the honour to be, Sir, Your very obedient, humble servant. CIRCULAR. Horse-Guards, March 15, 1512: have received the Commander-in•Chiers commands to apprise you, that his Royal Highness the PRINCE REGENT has deemed it expedient to re vert to the custom, heretofore in use, of entrusting to the Colonel or Commanding-Officer of each regi ment, a warrant empowering him to hold la the re giment under his command, and composed exclu sively of the Officers belonging to it, General Courts- Mat for the investigation and punishment of offen. ces, which, though they do not fall under the descrip. Lion of small offences, and consequently of offences cognizable by a Regimental Court-Martial, are not, however, from their nature, of sufficient gravity or importance, to require the investigation of a General Court-Martial, composed of Officers of other corps. This document is herewith transmitted to you, and his Royal Highness the PRINCE REGENT, in the name and on the behalf cf his Majesty, directs that you shall, in exercising the power it contains , strictly adhere to the following instructtons: Ist. 1 hat it shall never be applied to the case of any Commis sioned Officer. 2d. The it shall not be applied even to the eases of non-com mia‘oned oilicero, or private soldiers, which, by the present pane tier, are retired to the &siva/ bawl. eontmanding in the dis• triet, or on the station. 3d. You are to understand, that this warrant M intOnded merely to apply to the more serious eases, which, at present, are usually brought before Regimental Courts-Martial, bat which, from their nature, or from the aggravation of the circumstances attending them, may seem to call for a more severe punish ment than it is fit that such Regimental Courts-Martial should aware. 4th. You will observe that, by the warrant, it Is left optional with you to be yourself President of these General Regimental Courts-Martial, or to appoint tom Field Officer of the Regiment to that duty, and that the proceedings, if the regiment is in Great Britain or Ireland, are to be transmtted, through *he Genaal Officer commanding the brigade, to the General commandi .g in the district, and that the sentences awarded by them are in no case to be ca:ried into execution, till the . ), receive his sanct.on and confirmation. If the Regiment is on foreign service, the sentences are to be approved by the General Officer on the T.*, or by the General comthancting on the sta , ion, according to the orders, which you may, from time to time, receive on this head. In all cases, the original proc ee di ng s of General Regimental Courts-Martial are to be transmitted to his Majesty's Judge Ad vocareGeneral. Lastly, You will observe, that the 18th and 21st sections of the Mutiny Act, authorise General Courts-Melia', consig•ing of vine members, including the Presithnt, held ior the triad of Non-commissioned Officers and Soldiers, in cases where there is a difficulty or inconvenience to the service, in assembling risgre members, provided the punishment awarded does not extend to the loss of life or limb, or transportation; and his Royal High ness the PRINCE REGIN a- approves of Courts so constituted being resorted to in all cases which fall under the spirit and meaning of the Act. The Commander-in-Chief directs you to be very careful to instruct the Officers, who may at any time be called on, to compose a General Co,urt•Martial within the regiment under your command, as to the nature and extent of the powers and authori'y thereby vested in them, from the temperate and ju dicious exercise of which his Royal Highness expects the most beneficial consequences will accrue to the discipline of-the service.-1 have the honour to be, Sir, Your most obedient humble servant. WARRANTS FOR HOLDING COURTS-MARTIAL. BY HIS ROYAL HIGHNESS THE PRINCE REGENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND: Whereas an Act has been made and passed in cilia present Ses- elan of Parliament, for puoishing Mutiny and Desertion, and for the better payment of the Army and their Quarters, from and atter the 24th day of March until the 25th day of March, , we have therefore thought fit hereby, in the name and on the behalf of his Majesty, to authorise and direct you, from time to time, to call, assemble, and bold Courts-Martial, and to bePresident of the same; which Courts-Martial are to be consti- 1 tuted according to the said Act of Parliament, and to meet at such time or times, as you the said Pre.iident shall appoint, for punishing such mutiny, desertion, false musters, and other crimes, as have happened or shah happen in his Majesty's regiment under your command. And we do hereby, in the name and on the behalf of his Majesty, further authorize and empower the said Courts Martial, to hear and examine all such matters and infor. mations as shall be brought before them, touching the misbeha • viour of any Officer or Soldier, by mutiny, desertion, false mus ter, or otherwise, as aforesaid, and to proceed in the trial of such offenders, and in giving of sentence, and awarding punishment, according to the powers and directions contained in the said Act of Parliament, and Articles of War, which are hereunto an nexed; and tor so doing this shall be your warrant. • Given at our Court at Carbon-House, this 25th day of March, in the fifty year of his Majesty's reign. By command of his Royal Highness the Patrice Receter, in the name and on the behalf of hi 4 Majesty. To the Colonel of his Majesty's Regiment of , or to the Lieut-Colonel or Major of the said Regiment, for the time being. The following is a copy of a General Order of his Royal Highness the COMMANDER in CHIEF, or dered to be printed by the House of Commons, May 28, 1812: " Horse-Guards, July 5, 1811. " In consequence of the operation of the Act, fur allowing the mutual interchange of the British and lrl,h Militias, his Royal Highness the Commander in Chief is pleased to direct, that the Commanding Officers of Regiments shall be particularly attentive, that no soldier, profes.ing the Roman Catholic religion, shall be subject to any punishment for not attending the divine worship of the Church of England : and that every such soldier shall be at full liberty to attend the worship of A.t.sitooTy Gon, according to the forms prescribed by his religion ; when military duty does not interfere. By command of his Royal Highness the Commander in Oblet. HAillY CALVEILT, A. G. WILLIAM ELYORD, Eeq. is appointed to the corn mand of the Ist, or Plymouth-Dock Regiment of Local Militia, vice his uncle, Sir WILLIAM ELFOII4 resigned. The new Local Militia Act contains a clause, de claring, that persons not joining their regiments or deserting, or absenting themselves from duty, may, 'on being convicted by General Courts-Martial, be sentenced to further service in the Local or Regular Militia, or in the Regular Forces, without limitation, according to the extent of the offence committed. A Regimental Court-Martial sat in Chichester Barracks three days last week, on three young men belonging to the West Sussex Local Militia, for dis respectful behaviour towards one of their Officers.— They were severally sentenced to twenty-four hours confinement. The second period of volunteering for the line, be gan at Plymouth on Monday, and continues; the Ist, 2d, and 3d of June, for the Roscommon regiment, -who have turned out their quota of fifty fine young fellows fo- different regimentC; and the 4th, sth, and 6th of June, is appropriated lir volunteering from the English militia for the line ; who, no doubt, will emulate the spirit of the Irish, in turning out for the line. Wednesday the company of flying artillery, under the command of Captain SMITH, passed through Brighton from Lewes, for Hive, for the purpose of practising with shot and shells, at a target, on the beach, nearly fronting that place. During their prat-' tice, an unexpected accident occurred, but, providen tially, not a fatal one, though the consequences of it are far from trifling. Several of the Shrapnell shells, loaded with musket bullets, it appears, which were not intended for•use`that day, had been fixed, in boxes, to the carriages of the field-pieces, for the in spection of the General ; and to one of these boxes, containing four shells, a spark, by some unfortunate means, found it way, when three of the four shells were presently exploded, and their destructive con. tents digpersed in all directions. Major General HAmmoND had his lip cut through, but the wound is not considered of much consequence ; Lieutenant T. BLAKE'', of the Local Militia, was stunned by a frag ment of the gun carriage striking him on the back. part of the head ; and two of the artillery-men, sub ordinates, were so severely hurt, the one about the knee, and the other in the leg, though neither bad any bones broken, that they were conveyed from the in the catriage of Mr. W. ATMS; which Gentleman attended the practice. Mr. BOND, Sur geon, who, as an equestrian spectator, was present, had his horse slightly wounded in the flank ; and which, with those above me nt i one d, happily incuded all the injuries sustained. LAW INVELLICENNI. COURT OF KING'S BENCH, JUNE 4. Yesterday the Judges met in the King's i3e ri di Treasury Chambers, Westminster Hall, to choose their Circuit,. Hoasa.—Lord Egenboroutts, Lord Met Itsion. NORFOLK --Sir James Mansfisid, Mr. Justice Heath. W laTERK —Mr. Justice Llambre, Mr. /WWI Lifilharr‘ OKFOR D.—Mr. Baron Tisomeon, Mr. hitter Ilat MIDLAND.—Mr. Justice Bross, Mr. hillier t:lbb.. NORTIIIRN.—Mr. Baron Wood, Mr. Justice Balky. Thls being the Anniversary of his Majesty' Riots, the Judges, King's Counsel, Setjeants at Law, Stc. &c. attended in their tull dresses, Court robes, tuil. bottomed wigs, lapelled silk gowns, point lace b enibroidered waistcoats, &c. &c. RAPPER AND OTHERS v. LORD lIILSMOTON. TMs was an action brought to recover the sum of 5315, the amount of A bill of exchange, drawn by the defendant on the house of Childs and Company, which had been cashed by the plaiiittlf,, t gether with the interestwhich had accrued thereon. Mr. GARROW stated, That the plaintiffs are bankers at York ; and the defendant is the eldest son of a no bleman. In August, 1802, the defendant and pl un ties became acquainted at the York !faces, and de fendant obtained froth his clients the sum of SOO gni: near; for which he gave them a check, at two months, d.ited the 28th of August, 1802, on the li..nli g_ house of Childs and Co. of London. Ou preset' nig it for payment, however, it was dish woureJ ; and plaintiffs had not received a shilling of th • debt up to the present, day: They now sought to ric..ver :he original sum, tGgether with the inu.r..;t, amounting to f 4654 Mr. Addison; of the house of Chills alga Co. pro. ved the signature of the defendant to the bill, whi •h. when presented for payment, w:s di•honoored, the bankers hnving only about aCtO bvlonging tc‘delei.• dant in their /ninth. Mr. GARROW then pit in four letters, wri ten by the defendant to different partners in the B , nk, in which he spoke of the debt due by him, stated lilt inability to liquidate it at the time he wrote, and al. luded to certain terms, which, by allowing him time, would enable him to discharge it. The Counsel for the defendant submitted, that no proof had been adduced of regular notice i f the dis honour of the bill having been given to the defen dant, which ought to have been done, as he appeared to have had some effects in the hands of his bankers. Mr. GARROW said, as this was deftnd.►nt's own check, and as he must have known the state of his banker's account, such notice was unnecessiry. Lord ELLENBOROUGH.—That is a matter of appli. cation ; it is to be inferred, whet► so many acknow. ledgments are produced, that proper notice was given. Verdict for Plain.iffs—Damages £465. PREROGATIVE COURT, DOCTORS' COMMONS. GARNHAM V. CLARKE AND KING. This was a proceeding relative to the validity of the will of Benj unin Garnham, a man of rather a singular character, who, by selling gingerbread about the streets, had contrived to amass considerable property. Two testamentary papers, each of them asserted to be the will of the deceased, formed the subject in Question; the one dated the 6th of Octo ber, 1810, principally in favour of his wife ; and the other. dated the 16th of October follosing, princi pally in favour of Messrs. Charles Lewan Clarke and Thomas King, twct of his acquaintances. In support of the first will, evidence was adduced to prove the testator's regard f it his wif , and his tes tamentary intention towards her; that Mr. Clarke, having by incessant importunity permuted him to make a will on the Ist of October, 1810, produced to him one ready prepared for the purpose ; which, on his representation alone that it was conformable to his intention in favour of his wife, he regulaily exe cuted ; but afterwards suspecting he had been im ; posed.ppon, he sent for a professional man to read it I over and explain it to him ; when his suspicions being confirmed, he immediately cancelled it, and execute.' the one dated the 6th October, in favour of his wif •: that, on the 13th of October following, he in a fit of insanity, cut his throat, and mangled himself in other parts of his body, and was taken to St. hat tholam w's Hospital, whither he was followed by the importu nity of : Mr. Clarke, who on the 16th, about th -re hours before his death, when in great agony, and in a state of utter incapacity, procured his s gnatute to another will, almost wholly in favour of himself and King, the validity of which was now disputed on that ground. A Coroner's Inquest afterwards sat upon the body, and a verdict of Lunacy was returned ; and k was contended that the evidence fully proved these facts ; that the case of the adverse parties was one originating in fraud, and carried on by importu nity ; and that their witnesses, in their eagerness to speak up to its exigencies, had gone too far, and com pletely overturned it ; that the second will must there fore be pronounced against, and the first declared valid, with costs. In support of the latter will, Messrs. Clarke and King's evidence had for its object to shew, that the testator disliked his wife, and lived unhappily with her, and that he had a great.regard for Clam ke and King; that though he was a lunatic when be cut his throat, he had lucid intervals afterwards, and that it was in one of them that he made the latter will, which was conformable to his expressions of dislike for his. ' wife, and regard for Clam ke and. King ; and it was • contended, that the evidence of the medical gentle men of the Hospital, as to insanity, was founded on too slight an observation of the deceased, to shake the positive testimony that supported these facts, which were sufficient to establish the latter will. .. Sir Jon"; NICHOLL recapitulated the evidence, and observed that the deceased appeared to have a regard for all the parties ; but to be a person of such a fickle. irritable disposition, as to render a dependence on that regard very precarious. He was of opinion that the evidence of the medical gentlemen was not such as toxonvince the Court of the testator's utter incapa. city-, from the time of his laying violent hands upon himself to his death ; and the other evidence proved such expressions of his, as demonstrated that he en joyed lucid intervals. He then commented upon she evidence of the patients in the hospital, as to the exec's. tion of the latter will, for which purpose the deceased was raised up ist his bed ; and thought it fully suffi cient ; and that it was not affected by the exceptions taken to it. He therefore pronounced fair the rali. day of the latter will, but without costs.