Star. — London, England, 1806-11-10 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DAY. Mil. DM I I Gottenburgb 1 z limbtug\ Dallis Watt/ford ♦RC. SOS. S 0 O I PENZANCE. NOVEMBER 7. Within a day or two pad the Union arrived from Plymouth, with foodries ; the Concord, and the Wilford. from Swanfea, with coals; and the Norway /hip Dorothea, from Dublin, in ballak, in order to take fill at this port; the Betfey, Hiehins. from Falmouth, for Cardiff 1 the Prince Edward, alio from Falmouth, in order to take tin, for Caermarthen ; and the Jenny, Tuomas, from London. with Go -1 wernment Stores, for Cork, pot in here leaky. PLYMOUTH, NOV. I. Came in the Aim-acre, of 38 guns, front a cruise ; Pima, of so guns, from the Spanilh main; ate brings a favourable account of the progrefs of WIRANDA ; HARLIQZJIN armed fhip, from a crui;e; Aurora. Captain TRUK r, from Lilb on for this pert, with fruit.—Sailed the I MAILS, of 38 guns, 1 for Fortfmeuth. The Contassaoa, of 74 guns, patted by the Sound this day for Falmoth. The Attica, of 6 4 guns, is fitting to join the Expedition about to fail from Falmouth for Soutb America. PORTSMOUTH, NOVEMBER y. Arrived his Majelly's fhip lets, from Newfound. land, IA from Plymouth. Sailed the Two Brothers, Ctounwrov, for Leith. Rear-Admiral Geosza Mu attar has re.hoilled his flag on board the Poty se e ems, of 64 guns, Captain Harwood, which is fitted for twelve months. The command of this dd . - tinguifhed OfOcer is not known. He will fail the moment the Cenci Rome fhip, Captain Joyce, is ready. The BLONDS frigate, Captain V. V. /lat.- !, LARD ; and the ARXINDANCII (lore (hip, will fail when the wind comes fair, with a convoy for the Well In. dies. They take the trade from Cork. Wind S. DOVER, NOVEMBER 9. A French Cartel from Havre arrived off here this afternoon for a pilot to take her to Lynn. where be ir going for 150 French lick prifoners. Wind S.W. and moderate. DEAL, NOVEMBER E. Arrived the Kascatoo floop of war from a cruise off Boulogne, THIASH az gun brig from Dungenefs, MARINI, from a cruize off °fiend, and Zan,* bomb from Portfmouth. Sailed the FEANCIIIII and Ma o:claims frigates for the Nore ; Vim' gun brig for Yarmouth ; hates& and JACKALL gun brigs, on a cruize off Oftend ; Datralara and SPARK'. t gun brigs, and Ataow fchooner, on a cruize off Bou• logne. The BLAZON gun brig arrived this morning, and brought in with her the Danifh Eall India !hip Norge, Captain Hozw, from Copenhagen, bound to Batavia and other ports, which the detained. Nov. 9.—Arrived the TARTAN. frigate from Bet. rnuda, and failed through for the Nore ; SPITTIII !loop and BLOODHOUND gun brig, from a cruize off Boulogne. Sailed the OTTIIL !loop, aad Tmaassola gun brig en a cruize ; CLYDE frigate, and BOLD gun brig fcr the Wore, and Sir Godfrey Weblier, Boa. TON, for the River. The DEVASTATION bomb has a fignAl flying for a convoy to the Weßward. Remain In the Dowee--Itetelus, Meech of Orange. Age. tocmnon, Antelope. Trudy, Shan... !bubo, Clyds7lfeit;l Morquiu,, Skylark, Spitfire, Kangaroo, Seagull, and Rellette doopo; Zebra. Profpero, Devaltatlon, Mettle, Yefevius, Explobon, Lu o and Purr bombs; jadull, Illoodbouud. Mariner, Invete- rate, Turbulent, ENettiOl. and Blaser gun brigs; Ignition and Phapboeus Ere vrffels; Difpateh Navy tranfport. Pleafant Hill faired hoop, and Harmony vigualling tranfport. YARMOUTH, NOV. 9. Yellerday arrived the STATELY, from the Nore, and a cutter from the Elbc, with difpatches, which were forwarded immediately. This day failed Ad. tiiral R 's cquadron, on a cruise, with the MAJESTIC, DICTATOR, EDGAR, RSIOLUTION, NAS say, and STATELY men of war, Atlantis and l'AmtaatAr frigates, CRUIZIR and Istocssa Hoops, and Iwo brigs. In the Roads, Roaauce, Admiral DOUGLAS, oaebtig. and two cutters.—Wind S. W. OREENOCIC, NOVEMBER 7. The Northern Liberties, Warr, arrived here yet terday from Chatleflon, after a patrAge of 3o days.— The Independence, Wststa, arrived there from hence on the tBth September, and the Olive Branch, BENNeTT, on the soth. The Succefs, OSBORN, ar • laved here yeaerday from Qi/ebec, after a paff.age of five weeks. ARRIVED. At Southampton, the Eliza. Fitzgerald.. from Mardi—At Mil ford, the Carmarthen, Richards, from Jimmies—At Liverpool, the Brittol Packet, Day, front Philadelphia ; and the Ann, Alex • ander, from New York—At Harwich, the Sallower, from Da:neje...in Yarmouth Roads, the Thomas, bimpfon; and 'rho. mas, Brambles, with a Sat from Peretlburgh—At Newfoundland, the Alfred, Rowe, from Liverpool—At Bolton, the Mary. Ro hinfon ; aod Minerva, Gibbon , front Liverpool —At New York, the Savage, and Xenophon, from Liverpool; Ante. nca, Barnes, from Belfaft; and the Amain(Moaner, trim Dublin—At %eta, the uteh, Rotinfon, from , Guentfey eke m ar l s , ; and the Mae, —, from ' the Cirle—At Phila delphia, the Amazon, Clarke, from the Clyde; Fame, Long. from Londonderry; Active, —, from Waterford; and the Martha, Warrington, from London. The Chance. Covaly, from New Providence, is captured and font for Guadeloupe. --- The Hope, Hammond, from Virginia and Cork, t• a market, is loft on the coati of France. - - - - - - The Leopard, Tombes, from Rotterdam for New York, faun. deral at (ca on the 37th ult. The crew raved TM Rover, biaHy, from New Brudvack for Jamaica. Is cap tared by the Regulus Ficuch Run of war. DISTAIBUTtON OF PRIZ!•MONEY. The Georgian' packet, for the capture of the Copenhagen, will be paid every Friday,at Metes. Bilhopfgate Church-yard. The Maiatone and NareifFus, will be pald fur the eapaurc of la Madonna del Turethia. and la Madonna D'ldra, Anita a, ague, on w o incfday asst, at the Gril3n, Vlllien-street, Strand, and recalled at No. a, James-street, Adelphi, for three year,. The Apollo, Cruiser. Luthie, atui Role cutter for the capture Mailman, Welfort. and OuWit Kcndt, May lg. 1798, will be paid at Medi". Poulain and Key's. SAW'S Hall•court, Cannon !treat, on Thurfday the 'oda lattant. and recalled every Monday and lliortelay toe am year, CRNER4L ELECTION. Throughout the whole of Saturday, the polling went on with uncommon fpirit. The crowd outfide of the hullings was prodigious, and as noify and tu• multuous as on any preceding day. In the eourfe of the forenoon, various large bodies of Electors came up, and polled for Sir S. HOOD and Mr. Su s-'I imam, while thole who appeared for Mr. Pauss feemed more Itrenuous and eager in his behalf, ' though they did not turn out fo numerous. At the dole of the Poll, at four o'clock, the num bers good thus : , &r S L Hoop, K. R. NM Day, -16 t Sawed - - 393 Third - - 73 3 Fourth 646 ' ' - Firth - 796 , Sixth 379 Total 3102 JAMBS PAO CL,Efq. Firft Day - 3 2 7 • • • Second - . 465 Third - - 724 , , Fourth - . • 637 Fifth 374 Math . D ' D. 14D . , Taal •••• .•••••• 2658 lUght Hon. IR. & Sittatihm, !lift bey, 178 Second - • 1 9 6 Third a • . 4 1 5 Fourth 541 Fifth - 714 Sixth - 370 Total 1424 Loud and reiterated applaufea built from the crowd when the Sate of the poll was announced. - ..-- Lift of returned Men3bcrs, in addition to thofe before given : Lannon—The Loral Mayo!, Aldan= Price, Curds, and Coombe. Nosy= ii , —Rabert Feßowes and Mr. Pattefon. W Sasser—R. Williams and R. Knight. NIVITON (Hann)—Sit R. Barclay, Hon. E. Moocktoa, and the Right Hon. O. Canning. —EL H. PhStipa EDINIORGu—Sir Patrick Murray. Lisictaan-Hoe. William lilies and William Hufkiran. Wolczarta—Hon. W. Beauchamp Lyson,Hon.W.Littletaa. Wzmr.oac—Caril frontier, Efq. and the Hon. J Simplon. lasts:.—Colonel J. Bullock and Admiral IL Harvey. Cakraft and --- Barad, Miro. LivaarooL—W. Efq. and General Clakayme. C. , MTISTID ILICTIOMS. ReelltErtit—Final Clore at the Pell on Saturday a Mr. Caleraft 575 Mr. Barnett 3Q3 Sir Sidney Smith - 35 7, Upon which Mcffra. CALCtAPT and BARNETT wet declared duly cleated —Mr. O'Beraes (Agent for Sir Sonar SUITS) pledgcd himfelf to pctitioa againft the Retain. Livaaroot The Eledtion ended on Saturday: the Members returned are.— Mr. Roscoe and Central Gotcoy na. The State of the Poll at the Clofc was as follows: W. Rofeoe, Efq. 1157 General Galkoyne il3ll General Tarktoo 98 6 NOTTINGSAIit...tatt of the Poll an Tburfday : Mr. Coke 1487 Mr. Birch 1313 Mr. Smith 1183 COUNTY Or DOISSITStAtO of the Poll : IIIOT DAT lACONO DAT. Mr. Pitt - 489 Mr. Pitt - 9EO Mr. Portman 192 Mr. Portman 657 Mr. Bankci . 169 Mr. Banker - 397 70 THE EDITOR OF THB STAR. Worton Houk, near . lotworth, Nov. to, tBo6. Sir—Conceiving as I do, that when a perfon is in. volved in an unprecedented fituation which has called forth modes of ailing not exaflly conformable to or. dinary rules, he owes to the public and to himfelf an .explanation of the circomftances, I requelt, through the medium of your Paper, to fubmit the following particulars : I (ball not enlarge at this moment on the circnm• fiances which have taken place, on important events of public duty, between Sir SAMUIL HOOO and my fell, as my addrefs to the Eledors of Wellminfier, publith ed this day, fnfficiently fpecifies thefe trantadions. I have reafnn to believe, that the hurry of public bufmeti, and tome other circumffance•, prevented the invelligation refpeding the affairs of Trinidad from being returned during the laft Seffion orParliament, and during the teeth. Of courfe, when Sir SAMU IL HOOD came forward as a Candidate for Wefiminfler, his connedion with thefe tranfadions was by no means in the recolledion of the public—on the other hand, his dillinguifhed naval Cervices gave him in this point of view great claims on the gratitude of his country. My abfence from London prevented me from hav ing it in my power to Rate thecate in regular form, befnrc the canvas for Sir SAM ulc HOOD commenced. Under thefe circumftances 1 had no alternative, but either to Rand degraded in my own cilimation, by paffively (offering . the aggreffinn of Sir Samos'. HOOD. while ai li ng in a civil capacity at Trinidad, to pals unnoticed at a moment when he claimed the honour of reprefenting the Metropolis ; or elle, by the meafnres I adopted, to espole rnyfelf to cenfure from a large proportion of refpeflable individuals in the community. Thole who know me ben, will admit that I have upon all occafions difregarded perfonal conrequences, when perfonal honour and charaler were concerned. I could not helitate, therefore, which part to chonfe. The erroneous (latements which have appeared in many of the Public Prints have rendered it indifpen fable for me to publiflr, without farther delay, my Addrefs to the Etc ors of Wellminiter, refpaling the conduit of Sir SILDIVIL Hoots._ It only remains for me to add, that in a long and expoftulatory communication. which I addreked to that Officer on the a4th of May, 1803, I concluded with the following word, * I have now exprtfed to you in detail my fentimenta on fey& • cal important ("dated& Your duty to the King clads from you * explicit Ratements and opinions to his Majefty's Minliters, on • thole parts of this letter which refer to public terrier.. 'the dr * cunittances which are of a nature perfonal to myfelf, require facia an explanation, as in tome form or other, you know, and " mull feel, is due to me. I mean loch an explanation a: may * prove fatisfadtory to an °Seer and a Gentleman. To one, who never intentionally committed an aggreffion—who through life has proved liiinfelf to pdtfels a conciliatory difpofition, but veto never did, and never will Infer improper expreilions, if applied to him, to pafs unnoticed." this communication I received for anfwer, that Sir SAN 111. HOOO had tranfmitted my letter for the coufidaration of his Majelly's Minikes. I am, Mr. Editor, Yoor faithful and obedient Servant, 11/111.1104 LAW INTELLIGENCE. COURT OF Kftloll WINCH, Sap. s. sus gum O. TALMO'S I VI NCI. Mr. PARKS hated, that the Defendant had been in dined as fuperintendant of Stores and Proviflons to his Majefly's forces in the Well India Mandy, for certain offences committed by him in 1796.7 and. Si and it -become neeeffary to him to apply ttk their Lordihipt for a Mandamus, direaed to certain judges in Barbadoes, Dominica, and Grenada calling on them to tranfmit varinns matters already given in evidence by General Maitland, the late Sir Ralph Abercrombie, the Defendant's own clerk, and many other perfons, whlnlt evidence was highly material to his defence. Mr. GAlloll4 for the Crown, Paid he had no ob. jeftion to the motion, only he was afraid his Learned Friend had defctibed Courts of Junice in the 'Weft Indies which had no exillence. The Court granted a rase whew caufe why a Mandamus Iliould not be iffued. roams .411tRIIT. Mr. SCA . lair moved for a 1111!k to flew eartfey why the bail bond given to the Sheriff of Middlefez, in an anion, entitled O'Neal v Newell, Mould not be deli vered' up to be cancelled, and the Defendants dif charged out of cuftody on filing common hail. He , grounded his motion, he laid, upon the peculiarity of the affillavit holding the Defendant to bail. The parties were both Americans, the Plaintiff raiding in Prance and the Defendant in England. The Plain tiff, it alSreared, had made affidavit of hisdelit before M. Bonami, a Magillrate of Paris, authorifecf to ad minifter fuch oaths, and this affidavir was accompa nied by that of another perfon refident in this cow i try, who (wore that he knew the hand writing of Bo nami, and believed the fignature to the fiat affidavit to be his. The Court obrerved that it was a new cafe, and they would take time to confider of it. It was alto an important one, for if the affidavit was DOI admitted to be good, it would prevent every man from getting a debt due to him in a foreign country, tinkle he attends in perfon to claim it :—On the other hand, if the affidavit was admitted, it might be attended with the moll mifchievous confequences, as any fo- reigner might malicioully hold a tubjett of the realm to bail, and the party have no opportunity of fuing him for a vexatious arreft, he being out of the jurif diSion of the Court. Lord E LLLLL cutotrou defired Mr. Scarlet to look into the cafes upon the fubjett, and mention it again to the Court on Monday. GODDARD v. WHITMARSH •HD OTNARS. Mr. Serjeant Liss applied to the Court for a role to (hew clinic why a new trial Ihould not be allowed in this cafe. It was an anion brought by the Plain tiff, an eminent cutler of Sheffield, againft the De fendants, for an injury fullained by him, in being overfet in a nage coach belonging to the Defendants by which the Plaintiff had his ()molder diflocated.— The accident happened in the night. The Learned Serjeant, on the part of the Defendants, fiated, that there had been a great deal of conflining evidence upon the trial, but there was no neglen imputable to the Defendants, which could poffibly fubjen them to heavy damages. Itrappeared, that ota the evening when rhe accident lappeneb, the weather was vet yrough and boiflerous and that a quantity of fleet and fnow had fallen— the coach was going on at a', regular and moderate pace, and in palling a little bridge, over the Black water, near Bafingftoke, by Come means or other, it went afide into a rutt, and was overfet. It was true, that the guard blamed the coachman, by (wearing at him, and declaring he was not qualified to drive a jadafs, but the damages given to the Plaintiff by the Jury, amounting to Viol. were eacellive, and infi nitely beyond what the Plaintiff was entitled to. It alfo appeared upon the trial, that the horfes employed on this occafinn were young and fpirited animals; and from all there fans, the Learned Serjeant con tended a new irk.) ought to be granted. He put afide the cenfure of the guard upon the coachman, as, front various motives, it was not entitled to any credit. Mr. Jualce LAWRPPICt afked, whether it was meant to be contended, that the lives of pallingers were to be hazarded, by younghorfes being broken in in draw. ing vehicles for the accommodation of the public ? To this queflion there was no reply. Lord EssaeIIOLOUGH obferved, that thnfe points, refpedling the young horfes, and the cenfure of the guard upon the coachman, were all fubjett matter for the Jury who tried the caufe. The diredion, in law, by the Learned Judge, he conceived to have been perfetlly correft, and therefore the Court could not didurb Cu verdict that had been given. Serjeant L►as, of courfe, took nothing by his mo• tion. SIMPSON II POTTINOER. This bad been an aftion tried before Mr. nano SUTTON, at York, on the warrantry of foundnefs given to a horfe, fold by the Defendant to the Plain tiff. The animal not anfvvering the warrantry, the fuit was commenced to recover the value. It ap peared in evidence, at the Affizer, that the difputants are both Toriflire, and the objea in difpute The plaintiff being in want of a horfe, went to the defendant, a deller ; and after looking at a great number, pitched upon the one in queflion, and bought him as found, at the price of 571. As he was leading him home, however, the Ycoltfitireman began to fufped that he had bought an Irifi, bargain. for the horfe, as the phrafe is, " hung a leg." He took him, notwithßanding, to his (tables, until he was more thoroughly convinced t and it was not until fix weeks afterwards that be made up his mind to return the /raw. But the Defendant was rr rorifilat too ." and thinking he had taken in the plaintiff, refuted to receive the horfe; and the ani• mal was conduced to a neighbouring public bottle. Here another native of the North took a fancy to the both, and bought him for 371. Mr. Serjeant Cocast.t.,:in fupport of the new trial, laid, that where a decifion of a Jury was direflly againft the evidence produced, the Court had made lit a general rule to grant a reconfideration of the cafe. The only evidence produced before the Judge ' to fubfiantiate the cafe of the plaintiff, was a farrier, who timed, that the torte was fpavined ; and, on the contrary, numerous witneffes were brought for ward by the defendant, to prove that no fuch ma , lady exified ; and among ethers, the very Feria who ad pant afed him for 371. who fwo►►, that he never few, or %tined to bare a Coottder bode. , Lord ELL emanaottoo nblerred, thAt the direare called a fpavin, was one which was (chicon-curable and, therefore, if it elifted on the firft fate, it mutt, molt probably, have culled at the recoils/ t and, as witnefrea had depnfed that the hotfe was perfeetly fund, the rerdift appeared to he contrary to the evi. dente.—Rule to Chew eauCe granted. COURT OF COMMuN PLEAS, NOV. GMAT V. Newman. Mr. Serjeant &fermium applied for a rnletnfhew caufe why the verdifl in this cafe fhnuld not be fel afide, and a new trial granted. The aainn aas brought for a eonfidersble turn of m-ney. doe for work and labour as a primer The d r fri n. was, that the greater part of the account was for printing part of a work which had neve -• ti di ed, or delivered to the Defendant t but wl.ich. the paper on which it was to be printed, and which had been fent by the Defendant, had bran c •••1••ni-d by fire, before the Plaintiff quitted the poft: of it. As to the other part of the account, a let if was claimed, on account of paper delivered by the Defendant to the Plaintiff, for the woik in quediors, ,and for other works to be printed fir him t which paper the Plaintiff wet bound by the Offence of the trade and by agreement with the Dr fendanr, 1 in. lure. Whether he had infured the property or not, the Learned Connie] maintained. having received snail. from the Infurance Office, on accott.itr.lthe insurance executed or intended to be executed by hi . , it s. to tl a extent of the value of the Defendant's paper, In much money had and received on his account and for his own ale. There were aaually two queihnes • before. the Jury—the one was, whether the Plain•iff was entitled to payment for the work executed be him, but not finithed, or delivered to the Defendant 1 The other, if the Plaintiff was not bound to infuse. and, if he failed to infure, if he was not Rill refron fible for the paper fent to him by the Defendant, and confumed by the fire ? In fupport of the firs of there pofitions, the Plaintiff undertook to (hew that the Defendant had kept the work longer in hand than he ought to have done, and of courfe had transferred the burden of keeping it from the Plaintiff to himfelf. In this, however, he was fo far unfuccefsful that the author of the work (wore that no improper delay had taken place; that it was a work (Anacharfis' Tra vels) which necefrarily required fame delay ;•-.and that the Defendant was not refponfible for any delay which had taken place. That the Plaintiff was not bound to infure the paper entrofted to him, he alfo endeavoured to (hew, by adducing Mr. Stioadale, as a witnefs to this effeB, and alto Mr. Braley, the printer. So far, however, from (o porting the Plain. tiff's cafe, Mr. Stockdale declared, that it now was his praßice to infure, but, that it had not been In till within thefe eight or ten years, when. having (offered conhderably throngh Hamilton, the printer, who had promifed to inflate his paper, who had failed to do fo, and who was infolvent, he had refolved in future to infure his property himfelf. The works to which Mr. Benfley alluded, were alto works of great value, being Macklin's Bible, and Bow y er'siHillory of England, which it would have been ridiculous to Cup p& the proprietors Mould entruft to the infurance of printers. The Defendant on the other hand, en the trial, adduced in evidence a Gentleman t 3 whorls the Plaintiff, fubreinent to the fire had (hewn his pocket book, in which were infected the things he willed to have infured, and of which the paper in queftion was one. Alfo that the Plaintiff had in formed him that Mr. Day, of the Infurance Office, whom he had fimpofed not to be his ft iend, had proved the bell friend he had, in advifing him not to fate in his account of lola, -the goods which he had in bull, bet merely to Rate his own property In thefe circumftarices, the Learned Serjeant conceived there could be no doubt that the Court would grant a new trial. The Jury found a •erdia for the Plaintiff Fir the whole wink performed by him, though not delivered to the Defendant. And alto, that the Plaintiff was not bound to iofure the paper entruaed with him by the Difendant. Lord Chief Juice MANITIILD was of opinion, 'n the trial, that neither fide had come prepared with the proper evidence. The Plaintiff had not fubfkan tiated, or rather had failed in proving. the two points which he had willed to eltablifh. But yet the Do. fendant had it in his power to have fubliantiated, which he alto failed to do, the great point, that the printers were the infurera of the paper cot' ailed to them. The evidence of Mr. Stockdale, that printers had promifed to him to infuse his paper, and had not, in confequence of which he had become his own infuser—fo far from feemiog to him conc 'trim that loch infurance was not a burden on the printer, (truck him in a different light, and teemed rather to argue, that but for the want of faith which bookfellers were, by experience, taught to have in the printers, that was the rule of afting. Mr. Serjeant Vauosaw laid, the Defendant could not produce one folitary inftance of a printer paying fuch a lob. LORD Cesar Jurrica.—Neither can the Plaintiff thew any inflance of a bookfeller paying for printing work nor delivered to him, but burnt whilst in the cultody of the printer. The Rule was accordingly granted. . Specie has nearly difappeared in Holland; en Englith guinea is eagerly purchafed these, for the pur pole of hiding, at 521. The Ticket No. £2,503, drawn the Fourth day of Drawing, November the 7th, a Prize of Ten Thou land Pounds, was fold in fizteen Sixteenth Shares, at CARROL and Co.'s Office, No. 26, Oxford flreet, near Rathbone Place, where Tickets and Shares will con tinua an Sale, warranted nndrawn, during the draw ing.—N. B. Lottery finifhes on Saturday next. The Capital Prises already drawn have been di vided among the Public, which is what the Lottery Office Keepers with to happen. The only open hours fr r fate of fuch few Tickets and Shares that remain undifpnfed of, are from three o'clock in the after• noon until ten the next morning. The Lottery finally clofes on Saturday next. Flo RRRRR and Co. are felling Tickets and Shares at their Offices, 26, Cornhill, 52, Charing Cruf,, and St. Margaret's Hill, Bermigh. The Rich Stare of the Wheel, and the lqw Pr ice of Tickets, is well worth the Adven turer's attention.