Star. — London, England, 1806-05-30 00:00:00

ADMIRAL TILLENICIPE. • The letter, which we inferted on Monday lag , from the Morning PO, faid to be written by Admiral V 1 LLLLL nye before his death, and to have been in fated in the Nouvelle, a la Main, is a manifell forgery., We have no hefitation to declare our convnsboa, that no paper in France would dare to publifb fo ltrong a letter againft the Emperor of the French. Certain deftruftion to the paper, and banithment from France, if not from the world, to the Editor and Printer, would be the confequence of the publi. cation. If it was really printed in a French paper, it melt confequently have been at the delve of the Go. vernment, in order to furnifh a proof of what nobody believes, that the Admiral died by his own hand. We are (efficiently acquainted with Vit.t., mauve" flyle of fpeaking and of writing, to alert that he did not write the letter in queltion. He was a man bf the molt gentle, mild, and inoffenfive manners, of the moil plain and innelelt phrafindogy in his con verfation and in his writing. He was attached, from a principle of gratitude, to the Revolutionary Go. vernment, though of a noble family. His four bro thers had emigrated ; he had been conilantly ern. ployed in the fervice of the Powers that be. It is not true, as the letter affects, that he had demanded his difeharge. He was attached to the starry. and he had made heavy facri fi ces to gratify his inclination. He bad a noble elate in the South of France, a anvil- Scent chateau, and enjoyed every domelic comfort in the molt luxurious perfedion. It was his declared intention, as foon as he had joined his wife, who was at Paris, and who was coming to meet him at Rennes, to retire to his ellate, and live in private tranquillity, till he was exchanged, and recalled to the exercife of his profef• fional talents. He was a prudent and judicious man. With thole qualities, is it reafonable to fuppofe that he would have formed the wild projea of affaffinating Buo AAAAA rs, who is conftantly on his guard againtt the open attacks of hodility, or the inficlious confpi. racies of private hatred or revenge ? Whohad agreed to take advantage of the refult, if fuccefsful, and to sew model the Government ? We know that the Admiral, while he was in this country, had no con nexion with the profcribed family. Even with the venerable and loyal Comte d'Hscroa, one of the fird Officers in the Royal Navy of France, who lives near Reading, he never had the flighted communica tion. He wits as fincere in bis approbation, as the Comte is in his detedation, of the French Govern. meat. He has condantly palliated, if not defended. ufurpations, the devallations, the ataffiaations of Buo AAAAA re. Indead of brooding in filence over a plot; which had taken poireffion of a difordered or frantic Mind, he was pleafed with every opportu nity of fnpporting the recent 'changes, by his avowed approbition. We did not certainly admire his argu ments, or revere his principles, but we believe both to have been fmcere. --------- , . The letter rays, that be had communicated fevrre truths, cobird proved that the inrapatily and ambition of Boortoroart bad carried the 10 oflisArts at Alfroakir oad it Trafalgar. This is one of the reafons which we urged a few days ago, in, proving that the Admiral bad been murdered by the order of the Emperor. We Paid that he /mew the reafons of the engagement, and be mull have little infight into human nature, and poffefs little common fenfe, who could believe that Vs LLLLL ()vs, after having written thefe fryers troths, would trua himfelf willingly into the power of him whom he had thus intuited, and who never forgave a Teal or pretended injury. We have other arguments in lore, to prove the abfurdity of attributing futh a letter to the unfortu• nate Admiral. To thefe we may recur, if the French Government (hall continue to intuit mankind with their unaccountable falfehoods. A plan of the grounds belonging to his lviraitrrt at Tynemouth Cattle, Spanilb battery, &c. and of the works railed for the defence of the cattle againd the Parliament's army, in the reign of King Charles the Firtt, has been taken by order of Government. Extra& of a letter from an Officer on board his Majefly's fhip Superb, on her paffage from Jamaica: " Having given you thefe additional particulars of the adlion off St. Domingo, I mull aow beg leave to 'relate an anecdote of its Englifh game cock. You mull know, then, that on the Supe►b's poop deck Was a large wooden fabric, forming an oblong hol• low fquare, and fo conlirufted that the upper apart ments ferved for marine arms, aad the lower for poultry ; now it happened, in the very hotteft of the battle, whilfl we were clofely engaged with the three decker (l'lmperiale) that a 42 -pounder double head ed that broke through this ufeful compound flruc. lure, deftroying no lets than 27 (land of arms, as it 'ince appeared, and making terrible havoc among the feathered race ; fplinters, bayonets, broken inuf kw, &c. &e. prevailed in all dirations. When, In ! from the min of this "confufinn worfc confounded," •up fprung this gallant cock, till then " unknown to Fame," and perched on the fpanker boom, crowing exultingly.—Another flint cutting the boom in two chafe at his feet, now drove him from his pall. In dignantly retreating a few paces aft on the broken poop, again he fixed his (land ; and thence, ever and anon, was heard his clarion voice to found amid the " din of war." This appears &range, you will fay, and yet it is not altogether fingular.—A cir euniflance nearly fimilar, I have heard, took place fn the Marlborough on the memorable firfi of June, 1794 : I fay nearly fimilar, becaufe in that in fiance the bold bird was found, though not fafe— wh aaaaa , our little hero was found on examination to have received many fever• contufions, and to have loft an eye erc he extricated himfelf from the mein choly ruins of his fallen houfe, and the fad wreck of his mangled meifmates. Hardly had the battle ceafed when tome of the brave men whore dangers he had thus il.sared, introduced him to our notice, with so earned requed to.fav: him from the dire hand of our poulterer. Soon we law him carefed by all, and decorated with rings and ribbons. Never is he to die the death fo common to his kind—and this he feems to know ; for fo perfally tame is he become that he will perch and crow on one's arm, feed from the hand, and even admit, without fear, of being fondled like the gentled lap•dos. So much for our favoutite bald Chauticiccr." SPORTING INTELLIGENCE. TM Races at Plaiftow on Monday loft were con. duited with great harmony and gond order. They began at three o'clock, and confifted of donkey racing, men running in lacks, women for (hilts, men wheeling barrows blind-folded, &c. &c. MADDINGTON RACES.—(STOCKBRIDGE COURSE.) . WIDIIIISDAY• MAY 38 . • The Maddington Stakes of :cgs. each. • Fourteen Subferibers. Lord C. Sonserfet's Begateik, 5 yrs old, el& alb. - 1 Mr. Germain's Caplas, 4 yrs old, loft. alb. • - a Sir H. Lippirseoet's Mirror, 5 yrs old, it& alb. - 3 Mr. Elton's Piper, by Pipatesi, lift. - - 4 Mr Bigge a. 4 y old, t Ku'gamm sift. tolb. - - 5 Colonel Kingkotes Dudley , yes old, oft. 1 alb. - 6 Bagatelle the favourite. .. . Sweepttakes of togs. each, with cogs. added by the Club. Seven Subfcs ibers. Lord Sackvilie's Witchcraft, s yrs old • • 1 Colonel Kiagfcore's La Mancha, 5 yrs old - - 2 Mr. Elton named Optician, 5 yrs old - 3 Mr. Byndkn's Enchahlrefs, 6 yrs old - - 4 Witchcraft the favourite. Sweepftakes of logs. with cogs. added by the Club. Lord C. Somerfet's Mirmillo. by Teak, 4Y" old 2 1 1 Mr. Herbert's I socred, by Buzzard, 4 Ir , old ' I 3 dr 14 Brooke's bl. S. Moor Park, by Traveller, 5 yrs old 3 a dr Mirmillo the favourite. Tancred broke down. LAW INTELLIGENCE. Sittings appointed in Middlefer and London. be fore the Right Hon Sir Jamas MAMSFIRLD, Knight, Lord Chief - Juftice of his Majefty's Court of Com mon Pleas, at Wellmiutter, in and after Ttiili!y Term, 1806 IN TERM. IMIDDLItti• LONDON. Saturday, June 7 Monday, June 9 Thurfday, 1s Friday, . 13 Thurfday, . 19 Friday, - 10 AFTER TERM. Thurfday, . June 26 Friday, - yunc 17 COURT OF KING'S BENCH, MAY t 6. HUDDART V. GRIMIHAW AND °THUMB. ' This was an Affion brought by Captain Huddstrt againft Meffrs. Grimfhaw and Co. of Sunderland, for an alledged infringment of his Patent for making Ca bles and other Cordage :—it was tried at the Sittings in London, before Lord ELteriansouctr, after Michaelmas Term, tBO3, when Meffrs. Grimfhaw and Co. relying on the infufficiency of the Plaint:frs evidence, called no witneffeb; however, the Verdi& was againft them, which Mr. Glass, in the Hilary Term following applied, and obtained a Rule oili to fet afide. Mr. Gress ob(erved, that his Learned Friend Mr. ERSRIN I had (educed the Verdi& by his in. exhauffible fund of ingenuity and humorous effuflons. The parties afterwards referred their differences to the Arbitration of a refpeiffable Barrilter, whole award, which was this day made a Rule of this Court, is as fellows : " I award. and determine, that the mode nr modes, adopted and ufed by the Paid Meffrs. Grimfhaw and Co. of making ropes and ca'ales, at their laid manu faitory, at Sunderland. are not, nor is any of them, an infringement, or infringements of the Paid Patent gtanted to the laid Jofeph Huddart as aforefaid, or any part thereof." MAY 29.705T11l 'O. RICHARDS. The parties in this caufe are both linen-drapers, in Oxford-road. Sir VICAIY GISH raid, that the Defendant was Called upon to anfwer for a new fpecies of deceit. He had been fhopman to the Plaintiff, and afterwards fet up bufinefs for himfelf • The Plaintiff had been in partnerfhip with a Mr. Brown, and the trade of his fhop was cart ied on under the firm of Fofter and Brown, until 384 In January of that year, Mr. Brown quitted the concern, and received a large con fideratinn for refigning his intereft in favour of the Plaintiff. There tradefmen bad availed themfelves of a popular fign, and had put up a Balloons twelve or fourteen feet high, in the front of the houfe, and two other defigns of the fame kind in the windows.— When Mr. Brown retired, the names of Fofler and Brown hill continued no a confpicuous part of the premifes. Thus was the houfe at which this bufinefs was conducted, diflinguifhed in a manner fo !MAT k• able, that it might he expected it could not be mif taken, or, in other words, that the reputation ac quired by Meffrs. Fofter and Brown, for the jullice, honour, and liberality, With which hey treated their cultomers, could not be transferred to any oilier per fon. Whatever might be the rational expeaations of the Plaintiff, they were in this particular molt grie voufly difappointed. The Defendant having been employed in the houfe, knew perfectly the mode of their conducting bufinefs, but did not preferve the integrity to which his mailers had conflantly adhered. His firft plan of deception was, to render the houfe in which he had eftablifhed bufsnefs in the fame lireet, as ftrong a refemblance to that of the Plaintiff as pot fible. The molt obvious diflinaion was the Balloon, which he imitated as clofely, both in fine and appear ance, as the front nr facade of his houfe admitted.— He alfo introduced the fame fign on his windows.— But this was not all : he placed the names of Fofter and Brown m large characters over his door. On one fide was Richards," and on the other, " and Company ," and in (mall diagonal German charac ters, fcarcely perceptible, was the word, " from ;" fo that the whole flood, " Richards, from Fofter and Brown, and Company ;" yer, from the artifice employed, Fofter and Brown were the only oftenfible names. The Learned Counfel Paid, that he Mould not only prove, that, by the means of this palpable fraud, feveral individuals were carried to the houfe of the Defendant, who intended to be cuflomers to the Plaintiff, but that he Mould (hew that the Defendant himfelf was inftrumental in furthering the deception. Mr. John Brown being called, Paid, that he began bufinets with Mr. Fuller in 1797 ; that he continued in partneithip with him until t Sc 3 ; and that on his withdrawing, for the good-will of the cot.cetn, he received about tOOO or isool. Mrs. Mary Brain raid, that (he bad been recom mended to the Plaintiff's (bop. in Oxfordlreet, by a friend of her's, Mrs. Davis ; that teeing the Bal- loon and the names of Fofter and Brown. Elbe believ. ed it to be the (hop of the perfon who had been named to her. On entering, (he anted (or Come It fia Meeting, and thinking the price cl,mandeil rather high, (he enquired for the n,eller , Mr. Folic', ' the was informed that he load jua aeppeJ Out, th.at he had gone into the city, and the fhopman did nlt at all know when he would return. Lord EL LENIMILOUG H-." Do you mean to contend thilLthe fhopman had a general lying commilli , tc, forTl . far you muff proceed before you can fix it upon the Defendant in this way." Sir VIcARY Girths- 14 I mean to contend that, my Lord. Where I prove the intention in the Delo'. dant to identify his own fhop with that of the Plain tiff, it will be a quellion for the Jury, ri the re prefentation of the lhopman did not originate with him." The witnefs next enquired after fume of Mrs. Da vies friend, to which the fhopman evafivvit• mitts...red that Mr. Davis had called upon. Mr. Fa:lor. She then atked after the daughters of Mr. Davis, to which the Amman replied, that he hoped they wire well.. She then enquired if he remembered fending !Om,: (bawls to Mrs. Davis, to which the fhopman :rawer ed that he did not exactly recolleft ; but on :he wit nefs (hewing him fome (bawls on the counter, that fomewhat refernbled them, he replied, that he that moment recollated them, hey were red (bawls at the price of from three to tour guineas. On her croft examination, the laid, that what the was converting with the fliapman, the Delend'asu was palling backwards and forwards among his cuf turners, but the would not (wear that he heard what paired. Lord ELLINSOItOUGH—" There may be much here which is not evidence. It mutt be all autoficagu. It might have been evidence, if the could hate laid, that the converfation was to loud, that the matter could not avoid hearing it." Anne Stovin Paid, ttrat the lived in the fervice of Mifs Dixon, in Porthand•place : that the went to Mr. Richard's fhop, miltaking it for that of Meffrs. Fofler and Brown ;. that the bought goods there for her rniarefs, and was furprifed not to fee the fame firpnian, to whom the had given Sol. before, in her miltrefs's drawing room. (It was, in fad, the (hop man of the Plaintiff.) The witnefs enquired for this perfon, and was told by the Defendant himfelf, that he was not at home. • Afterwards Mrs Horne, who bad been deceived in the fame manner, was called ; and then a am of the name of Chalmers, who had painted the Plain tiff's tign, and had alto been applied web paint the Defendant's in a fimilar way. Mt. Pacer, for the Defendant, laid, that unlefshis Learned Ft iend had loft his fight, between the Court and Southampton-ffreet, he would find forty or fifty !mks of trade, on which it was reprefepted in what hook the tradefman had acquired his knowledge of tht bufir.efs ; and to put the prepafitionfrove, adding the name of the perfons from whom the occupant's knnwhdge had been acquired, inkead of being duo gatoryand injut jou., was eonfideeed rather as Jinni k if tern: It and tumour to fuels perfons. In order to fupport the argument of his Learned Friend, Mier and Brown mull only be read, and not Richards and Company, from Fofler and Brown. How was the cafe proved? By flip-Mod lady's maids, and gollipping old women;the former the molt ufelefs of all human beings, andthe latter the molt troublelome, if not the molt deltruClive. Mrs. Brain, who, if the had any brain at all, could not have mittaken one fhop for the other, did nut even venttnc to in ear, that Ri. chards had heard a word of the COllVeriAtioll with the fhopman. The fa& was, that no deception waseither attempted or intended ; and that the D-fendaut had taken the lign of the Balloon, which had bec me a fort of fathiunable invitation to cuffomers ever Guar the time of Lutiardi's act expedition. The Jury would eerily difeuver, that the whole affair originated merely in a quarrel between the matter and the (hop man, becaufe the latter had become the rival of the former: but if thek competitions in trade were dd . - countenanced, the public would be liable to the molt grievous impolitions. No witneffes were called on for the Defendant. The Loan CHIIW JUSTICE fummed up at confider able length, and the Jury found a verdict for the Plaintiff—Damage► 2 Oi. LANG V. vicKsay. This was an atlion of alfault. The Plaintiff, a poor tradeftnan, owed the Defendant, who is a baker, fixtun pence, and on the day of the alfault went to pay him. Having fettled, he returned home, when he was exafperated to find the baker had left a lummons at his houfe juft before payment was made. He went to complain of this ; an altercation enfoed, and thr Defendant forcibly turned him into the flreet. It appeated, however, that the Plaintiff kicked up a riot at the baker's, and that the Defendant was corn pelled to leave his bed in order to turn him out of the (hop. Lord ELLSNLIROUCH, after animadverting upon the impropriety of bringing fuch an action, advifed that a Juror fhould be withdrawn, which was ac ceded to, and the par ties will have their own colic to pay. The Sittings er..led this day for Midllefe , :. The London Sittings will crminience on NlA.day next. As Mr. inflict LAWRF4CE was on AVednefday quitting the Houle of Lords, he mitred A Pep At WAS thrown forward upon his face and hand', but did not receive any material injuty. A collenor of limp, for Bridgewater &arid, has becn committed to Ilchefler gaol, fur monies unac counted for, to the amount of 7 t 91. DREADFUL Fias.—About half pet twelve o'clock yeflerday morning, an alarming fire broke out in the extenfive fugar bake-houfe of Mr. Gatty, Great Tr i• nity•lane, Cheapfide, which threatened the neigh. bourhond of Bow-lane with deflruelion. The flames were firft difcovered in the lower part of the prcmifeb, and the wood being dry, the conflagration fpread with aflonifhing rapidity. 'the engines of St. Mary, Aldermary, were the firlt that arrived, and a plen tiful fupply of water lacing obtained, the flacon were prevented from extending to the premifes of Mr. Shneider, and Mr. Taylor. (kin merchants, and the Cock Tavern, the whole of which were expetfled to take fire. By three o'clock the flames were extin guilhed, with the total defiruftion of the fugar bake hnufe, and part of the adjoining dwelling boufe.— The alarm and confulion which prevailed among the inhabitants at fo early an hrur was dittrang. but the exertions of the Loyal London Volunteers, who of fembled with the greateft pa.mptirude, afforded pro leah o to the fee rrrrr and enabled the firemen to work the engines with eared. It is not known how the fire began. The premifes were Wand s and the ' damage clone is very confide:able. COURT OF SESSION, EDINBURGH. The Direflors of the Bank of Scotland, a good many years ago, conceiving that they might extend the butinefs of the Batik beyond the limits of Edin. burgh, refolred to eftablifh brar.chc-, in almoß every town ii Scotland ; and the arrangement was no doubt beneficial to all parties. To the country it c tended 'a ufeful fund or credit, and though the more general circula:ina of the Bank paper was the pri ma, y objed in the inilitution rf thee branches, the Bank received advantage br their becoming very naturally the depolits ni the money belonging to nu merous !stir - ant in their neighb urhood. The cafe ;,4 . , u.v to be det.uled tor:k its ;deft-oat this In the year t 793 the Direanre of the Bank cf Fre ,:hind had eflablithed one of their branches in the town nf Medlin, and appointed a merchant in that place, and taut of his fans, to be their agents there. under a contlituted firm. There people tome time ago became bankrupt, when it was difcovered, that betides taking in money for the Bank, they had re ceived a great many fume, to the amount of soca or (:pool. fur which they had not accounted to the Bank, but which the perions lodging them fired they had meant as Bank &pats. For theft the Agents had given receipts on a copperplate engrav ing, bearing to be dated at the Bank's Office," and in other refpeas containing the ufual (kyle and words of Bank vouchers; but, in figrrine, thefe documents. the Agents did not add any detignation immediately indicating their having acted for the Bank in the re. ceiving of that money. When the failure happened, the Directors cf the Bank of Scotland refuted to re tire thefe documents, on the following, among other grounds : that their Agents were not entitled to take in moat), fo as to bind the Bank, on documents, in the form granted by their Brechin Agents. With view to try the validity of tech a defence, an action was brought againft the Directors on one of thefe receipts. It would exceed our limits to enter into a particular detail of the arguments of the parties in this caufe; (office it in general to hate, that, on the part of the Bank, it was maintained, that their Agents were not entitled to take in money, for be hoof of the Bank, except in payments on cafh ac counts, ,and for promilTory notes, which Lai were to be reeled with the Bank's feat, rounterfigned by the Accomptant, &c. and this plea ras enforced by re ference to a placard which was hung up in the office at Brechin, and to advettifements in the Newfpa pens, &c. It was farther maintained by the Direc tors, that no agent, factor, or commiffioner, could bind his conilituent bcyond the limits of the mandate nr commiffion under which he aeted ; and as the mandate in the cafe of money lodged in that man ner was coafined to promilfory no:es, the Bank could not be bound by documents in the form of re ceipts. In answer to this, and other arguments ufed tor the Bank, it was Hated on the part of the claim. ants, that as the Direllors had eftabliflied a branch at Brechin, they had, in fact, thereby transferred the Bank of Scotland to that place ; and, of courfe were refponfible for every at and deed of their Agents which related to a banking tranfaaion. Nor were the perfons who had dealings of this nature with thefe agents bound to enquire whether they were authorifed to take in depolit money, on promiffury . notes or receipts, that being a mere matter of form. altogether unconnected with the fubfiance of the tranfaaion. Befides, it was hated for the claim. ants, that the Directors themfelves had departed from their reg ulations in this refpea, as it was no uncom• mon p•:401c:: at their branches to grant receipts for dertited money. As to the arguments of the Bank rerpeeling the powersof mandatories orcommillioners, it v as maintained on the part of the claimants, that, though a man was bound, when he tranfafted with ordinary mandatories, to look at and underhand the extent of their powers, yet, that where a Bank eflablifhesi itfelf in a place, opened an office there. and nominated Agents for the general management of the bufinefs, the power of theft agents were to 'Ne 4 prefumed it all matters conneaed with banking ; and. confequently, that in a cafe like the prefent, the im proper acts rind deeds of the agents mutt affeet the bank, and not the public, who had confided in there agents, by the invitation of the Dircaors. As to the placard, it was hated by the claimants that they never had feen it ; and, at any rate, that when a perfon enters a public banking office to tranfaa bufinefs, he is not bound to read placards and regulations, as he is entitled to confider the official perfirn with whom he deals to be in poffdlion of every neceffary authority for rendering the frank/lion legal. When this caufe came &ft before the Ccurt for judgment, it was decided in favour of the Bank by a narrow majority of one vote ; but their Lordfhips, on advifing elaborate and ingenious papers on both fides, altered their former interlocutor, and, by a large majority, found the Bank liable for the fume claimed, betides tic colts of Init. KING'S BIRTH DA v.--Twenty-Fre Thottrand Pounds v..:11 he given to the fir S-drawn Ticket next Wednefday, June 4, being the Sixth Day's drawing of the prefent Lottery. The advantage of purchn• ring at this period mutt be obvious, when fo great a proportion of the Tickets are drawn, and the Wheel Sill contains nearly one hundred and feventy then land pounds in Prizes. Tickets and Shares warranted undrawn, continue on fele at SWIFT and Co.'s Old Office, in the Poultry. Costarwavion.—Yeaerday Mr. Welcher. tailor, of Warwick-Ilreet,Golden fquare, charged John Zimon. at Mmlborough-dreet office, with quitting his em• p!ny through *combination. It appeared that Mr. W. had received notice from his journeymen (16 in number) that if he gave any work out of his (hop. they would infiantly quit his employ. On Wednef. day loft, one of them law a garment in the cutting. • room, which had been made by a perfon long in the employ or Mr. W. but Who, from indifpofitton, was unab:e to attend the fh.),l. This fad being commu nicated to the reit, notwithPranding they had all had full employ, they itnme , l:stely, and without farther notice, left the Ica% iag Mr. W. without a pof. fibility of carrying on his Winne(' ; in confequenee of which he obtained a warrants and on repairing to the Houle of Ca:l to execute the fame, he was sailed by a (flower of (tones, whereby his head was (evenly . cut. Zimon, however, who was the only one of Mr. W.'s men prefent. was apprehended, and, being on. able to difprove the charge, was committed to And labour, in the Houfc of Contacts for fit weeks. , 4 r 1'!" I ~' i, [