Star. — London, England, 1806-04-19 00:00:00

Niterle,lL mrztLieikwcf. • PINtAIICT, APRIL 15.—Yellerday the Heim:min hired fhip failed on a cruize : and the under men tioned velfela put in here wind bound : Ybe Heads, of Fowey ; the Union sod the Friends, of Ply mouth ; the Neptune, of Chldiefter; the Role, of Southampton ; the Braden. of Poole; the Love and Unity, of Dartmouth ; the Mermaid, of Newhaven; the Ely,of Loot ; the Peggy and BetkY, of frowcy; the Liberty, of Bangor ; the Queen, of Chlcadter : AI& the Diana privateer. of Weymouth, from a cruise, taken frothing; the Reeord ie f t Lynes t the Mines Royal, of Logsdon ; • the Adventure. of • the Alfred, dß:Mord: the Fox, of Le t the Vital, flannosth; the Abeam. of Cbvetly t the Signet, of Bangor ; the Adventure of &My ; the Happy Return. of Arundel; the Prlendalp, of Bridgewater; and the Union, of Plymouth. - The Anna Sophia, of. Papenburg, Capt. TUPPit t l from Rotterdam with RAZ and lissen,is put under qua tontine, for want of declaration to prove the produce and mannfaiture. Wind blowing firong at N. E. fe veral veirels working in, bin names unknown. Arut 16...--This morning the whole of the vefele mentioned in my lail, failed for their refpeaive ports of deftination, with the wind at N. and very moderate. Arrived the Norway brig the Profperity of and from Arrundall, Captain Natsom, with tins tier and deals, for this port. • 'PALMIST'S, Anus. rd.—Arrived his Majeßy's aftfOrnavraa, from a cruize; Thomas, LOBRITT, riga Londoo 1 and Rendre. Mounties', from Li• irelisol.—His Sliajeßy's fhip ' Pzovva, Captain Ilatueocz; with a convoy for Plymouth and Lon .. deft r Mr MeV" frigate LATINIR • s • ..—;--m- 2 (Qt ' P i s jury Wafts; Brawroos gun brie Nousaar, for Plymouth, and Elio}, " knows', for London, with fevered verde in coin: rimy, paged this port io-day. The Arenas', with the convoy for . Newfoundland and America ' were joined from this port by the Caledonian, Bean, for America.—Wind N.E. Pzywoirrm Aram 57.—Came in the Dud& bark Elizabeth Ca therina, Captain Toast Ant, from • Barcelona, for Hamburgh. laden with brandy, de• twined by the Lion privateer; Dantzick galliot Am. phitrite, Captain H. CLeAN, from Brillol, bound to Daenzick, laden with fugar and bricks, detained by the Beefy privateer; his Majelly's (hip LAVINIA, of Vigor's, from Milford, at which port (he was built . a--ffie was accompanied by the Novel, of 18 guns; ltumarantura Spanifh logger, laden with iron and a, captured by the COLPOTS, of 54 guns; (loop lintel from Modal; returning from carrying over `- - ire! Vi LLLLL ovs and others.—Sailed the Eleo. Captain Rosin ; and Roftock Catherine, Capt. F .... , Res, for Bergen.—Came in the Proffian galliot ' nom, Captain Jonson, from Lifbon for Altona, Imam with fait and hides, detained by the Nice cut. tier; Lion privateer, from a cruise t Sfunilb brig .Dragon, from Bilboa, bound to Veracruz. laden .with iron and Reel, taken off the Canary Ifles, by a Apadron under the command of Admiral Sir J. B. him—the was difinafted previous to capture; • . -Pizazz, of ten guns, from a cruize ; Hamburgh (hip • Johanna Elizabeth, BIIIIIIR, from Charleßovrn, bead to Ha:amok - laden with fogar, detained by 4.le'll•rawico gun brig. Sailed the Danille t ilelp K a g dalina Frederica, DAMLos, for Denmark y ••ilnd . • ovidentia, Tweeze:l4 for Dram.—Wind N.Zeto PORTSMOUTH, APRIL 111.--The Foawaao gwa brig has detained, and fent into this port, the Juifrow tredriac galliot, from Bourdeanz ho und ed to Ham. burgh with wine : the Fawna cutter hat alfo de. tained Zemnsoph brig, from St. Martin's, bound to Hamburgh, laden with fait; and the HARDY gdn brig, Gertrude galliot. from Caen, bound to Hain.- burgh, laden with feed, &c. ; and the brig Sifters, Captain HANKINS. Sailed the Msacuav and Ja. NAM% frigates; I'EsPOUt floep of war; Tommie? and STRADT gun brigs ; and the ANT khooner, on a croize. Arrived the Aid, Selina, Pitt, und New Cornwall tranfports from Cork ; the Young Charles, Fiarcnaa, from Liverpool, for Hamburgh, detained by the AS/11.0PB cutter. DIAL, APRIL ,S.—Arrived the PAULINA (loop of war from Portfmouth, and failed for Yarmouth the flysarc frigate ; alto the Moaasr gun brig for the French coati. Arrived the DIVASTATION bomb from Portfmouth with a convoy, which are failed for the River. This morning, aboio fix o'clock, the Combatant praam fell in with a Flag of Truce from Calais for the Downs. Sx ttttt ss, Artie 18.—The Proffien fated Die Vrow Maria, Jac H. Doris matter, with oats. from Lier to L ondon; the brig Zeeluit. P. MICHILIS, with fugar, coffde, &c. from London to Hamburgh ; the brig Albeßina Marianna, JOHN MOHAYT, with coffee, fugal-, turn, fee. from London, buuod to iDantzic ; the Jonge Alida Catharina, P. V. Fouls. with coffee, fugar. cotton, &c. from London, bound to Embden; the fmack Triune, J. C. OUWCHARD, in, ballet, from Hull to London; the Unie, H. Wait stem in ballaft, from Haerlem to Harwich ; the Gode Will, Cziti a err, from London for Embden, in ballalt s and the julfrow Catharine, C. E. MTN, from Lier, with oats, for London, are all !topped, and fent into this harbour. Arrived the Enighden t Psrrzasoa, from Udewella, in ballet ; and the Swan, GALBRAITH, from Ha rdenden, in Norway, in , ballot! ; alto the brig Backhoufe, coal laden, from 'Shields, for London, having been on (bore, and brought in by five Co lchefler fmacks ; but the is fof ficiendy repaired to proceed to London this day with ). her cargo. Another convoy for the Baltic is en:idled to depart about the 22d inft. but the (hips for Pt uffian ports (of which there were a great number) have ',softly cancelled their charters, and are proceeding to Ruffian ports, or to the North, for coals. There are feveral (hips here bound to Hamburgh, Tonnin• gen, &c. but they cannot at prefent proceed to thole places. This day the officers and workmen of the dock yard were paid their falaries and wages to the 3th December lall Wind N. W. light air. • YARMOUTH, A PRIL ,B.—This morning arrived the laws MAO of war, to join the North Sea Fleet.— Sailed the Snipe, for Riga, with paffengers ; and the Cenfor gun-brig, on a cruize.—Paffed through Oleic Roads, a fleet of outward,bound Greenland (hips.— Remain in the Roads :—Rotauca, Admiral Douo- LAS ; Lino, and Ricutus men a war; and one • tender and a cutter.—Wind S. E. rßom LLOYD's LIST. GII AVlStlin. Aram tB.—Nitta by the I nOuriry, Fertility, Irmo l'oppcgiburg —S..ileil the VicilStude, Cummings, fur Ja. 1 eisie, ; l'i trident. Lyi.ch, (or Tcneritte ; Jane. Davi, for M r .Itari Melon Cock, Boon, fo r SW11121'11; Benjanila Franklin, Weeks, for Seracrisour , FricuJihip,itailcrfoni and the Trestle, Liao, for Sn.yrn.. - OLD BellLEn Yeherday eleven prifoiers were tried, three of whom were capitally convict-d, viz. W. Took, and W. Bevan. for a burglary in the dwelling houfe of G. Wilcox, and Reeling a quantity of boot legs. his property, and J. Stranger, for fleet ing two heifers, the property of W. Clark. Hugh Mack, a ferjeant in the 38th regiment, was indicted for the wilful murder of T.Kirby, a deferter, on the 23d of March, at Barnet, io the county of Hens, by finking him on the head with the fled end and croffpike of his pike, giving him a wound of the breadth of half an inch, and of the depth of two inches. which penetrated his brain, of which wound he languifhed, and on the 27th of the fame month, he died, in the parifb of Sr. Clement Danes, in the ebunty of Middlefex; the Prifoner flood charged on the Coroner's Inquett with the wilful murder of the deceafed in the county of Middlefex, where he died. Mr. Gurney detailed the fads to the Jury. He was aware that it was neceffary fometimes to enforce au thority for the porpofe of maintaining difcipline, but if he was enabled to prove the fads, he did not fee how the Jury could find any other verdict than that of murder—He then called Thomas Lee—" I am a private of the 4th Regi ment; on Sunday the 23d of March I was at Barnet, together with fifteen or lixteen other parlous under a I charge of defertion ; we were all handcuffed two Nfisd tyro as we came through Barnet, our hands were tied with a rope, and the handcuff (reared to the ope; '*e were under efcort of an Officer, fetjeant. fewest foldiers, armed; when we came to the d Lion, at Barnet, the del halted; there beets no orders given them to halt ; they halted without order ; the officer came op, and aced who `had halted the men ? they Paid they wanted their pay to get fume fubfillence, for he had promifed not to march them farther that day; he laid they &mid and moil go to Highgate; they Paid they could not go on without refteffirnent, for they had nothing lance twelve o'clock the day be fore; that was between one and two o'clock; the officer told them, " if they would go to the next public houfe, he would halt them and let them have Come refreffiment ;" they went on until they paffed the next public houfe, and when they law they were pall that they halted ; they halted ag ain without orders ; they Paid , " they could not go, for they were not able to go on until they had their pay, to get refrefhtnent," and the officer laid they mutt go on to Highgate, and they con fented to go; hot the deceafedfaid he would not go toHighgate withont refreffinsent, and they all Paid fo, and the Serjeant (aid they were able to go on, and that they would be able to go without refrefhment ; that they mutt go ; there were Come words paired be tween the Serjeant and the deceafed ; the deceafed Paid to the Serjeant he timid not be cruel to deferters; it was not long fence he had been marched from the Savoy as a deferter himfelf; the Serjeant damned them all for Irith Rebels, 'and raid he wifhed he had the pleafare of (booting them all, and then the Serjeant came back and (truck this man, the de eeafed ; nothing more paffed before he buck him.— I was within four men of him ; I heard the word liar ufed before the blow was given; the deceafed faid to the Serjeant, that he was marched not three months ago from the Savoy as a deferter; the Ser. jeant Paid he was a liar. immediately afterwards the Serjeant Paid he witted he had the pleafure of (hoot ing them all ; the deceafed told the Serjeant he was a liar, and immediately the Serjeant turned round and (truck him, and there were all the words I heard pats before the blow was given, the Serjeant (truck him with the pike with both his hand,— he (truck him on the head ; he gave him a hard blow with the Reel end of the pike—it (truck the fltull, and (tuck fo fail in it, that the Serjeant had two or three pulls to get it out again ; the man cried out he was dead : the blood flowed when the pike was taken out ; the deceafed lay down, and beg ged of the officer to take off his handcuffs ; his wife and children were in a cart behind ; the officer who commanded the eikort, fent for a furg eon ; I did not flay with the man, but marched off to London ; I never law the deteafed again until he was brought into the Savoy—l law him after his death. Crofs-examined by Mr. Karat —He admitted that the deferters halted twice without orders, but Witted that the deceafed was not more obllinate than the tell, in refuting to march, for they all halted alike ; he did nothing more than the others; he pulled the rope to make them halt as the others did. John Cook, another deferter, gave evidence to the fame died, entering more minutely into the parti culars of the march. He added that the deceafed, as well as another deferter of the name of Young, (wore they would be damned if they would march let who would command them, until they had tome re freffiment. The crofs-pike of the Serjeant's pike Ruck fo fall in the (lull of the deceafed, that it was with difficulty he pulled it out again, and the de ceafed (lopped his head for the Serjeant to get out the pike. Thomas Webb.—l am a theemaker ; I live at Bar net. On Sunday the 23d of March lad, I law a party of deferters matching through Barnet. I could not cfillindly fee how many there were ; there was a confiderable number more of foldiers than deferters, and they marched dole together, with fixed bayo nets ; the Serjeant in front, and the officer who corn mend the aeon in the rear. The deferters halted oppofire to the Red Lion, for the firtl time. Upon their halting, I came up to them : they appeared to be very much fatigued, and there was a general complaint of the want of refrethment. I heard the officer and the prifoner at the bar order them to move, but promifed them they would flop at the lower end of the town. They moved, I believe, too paces, till they came to the tall public houfe in the town. the lower Red Lion. I walked along with them. When they came to the lower Red Lion. the deferters then halted ; but whether they were ordered to halt or not, I do not know ; I did not hear any order.—The officer ordered them to move ; the prifoner at the bar then repeated the fame ; the deferters moved on for as much as thirty paces. or more; they then halted without command ; I few the deceafed, for one, rather check the tiring ; he pulled the rope back for one, bin it appeared to be a• general complaint I throughout the whole of them, that they could not go en without refrefliment ; I heard the deceated fay he could not, and would not go any further, until he had had fume water ; Come words, which I did not ifiltindly undertiand, pared between the detested and the prifoner, bat they were violent ; inflantly I faw the prifonerleave the front, and Of, towards tile deceafed, and he !buck the deceafed with the (harp part of the:pike on the top of his head ; I law it gals through the hat, into the had, and It was with diffi culty he took it out again ; it was part of the guard of the pike that entered—he Serjeant held it with both his hands and-Rruck the deceafed as violently as he could Rrike him, as he Rept from the front ; I.e ufed violent words and Itruck him on the head. Lord ELLENIOROUGH—CL Did he appear to you to flrike him with great force at the time ?.—A. Yes, my Lord, as if he was knocking down a bullock. I then heard the deceafed exclaim, " 0, I am killed, I ardkilled ;" when the pike was taken from the head of the deceafed, I faw the blood !ream over his eyes; he did not immediately fall from the blow, becaufe he was fupported by the other deferters, who were next him, who turned to him and kept him up; I was there all the time. The Surgeon came there in about a quarter of an hour, but it was fome:time before the officer had the handcuff taken off. I law the deeeafed put into a cart to go to London. The driver of the cart was a perfon of the name of Saun ders. The deeeafed, after he was ftreck, was slicing for fome water. No more pail that I faw or heard. He was put into a cart in about half an hour. Q t. Before the prifoner Itruck the deeeafid with the Pike did the deceafed either Rrike him, or had he made any motion towards doing it ?—A. Not in the lean, I am perfeEtly fatisfied of that. Croft-examined by Mr. Ku arr.—The witnefi raid titre were three halts by the deferters, but I do note know that every one of them was spina the order of the officers ; the deeeafed rather checked the firing, but that did not Rop them, for they were already flopped ; the officer and the ferjeant required them to go on, but they were all unwilling to go on till they had fome refrefhment. At the time the ferjeant Rruck, there were violent words by the ferjeant, but I did not hear the deceafed utter a word. I cannot believe any filch thing as the word liar was given be fore the Serjeant left the front ; at the time the blow was given I was dole at the rear of the parties did not hear the deceafed utter aay thing violent to the ferjeant, and I was in'a cooditiou to hear but there was a murmur through the line, and I might not diftinely hear what pallid. Mathew Smith—l live at Barnet. I am a baker and headboroegh of the town. On Sunday, the 23d of March, I law a party of deferters march through Barnet, under the efeort of an officer, ferjeant, corpo ral, and privates; there might be twenty, or there abouts. They had their bayonets fixed, with the pri loner at the bar in front, and an officer dole in the rear ; the ferjeant halted them between the upper Red Lion and oppofite the Harrow ; I fuppofe it might be about two yards from them. I flood at my own door. The officer asked who halted them ? and one of them replied it was the ferjeant ; the offi cer Paid 4, Go on, you mill go on farther." • They went on till they came to the Lower Red Lion Inn t I did not hear any thing Paid more then about flop. ping. They halted about too paces off, oppofite to the Red Lioo, in the road. I walked after them.— I did not hear any word of command given for that halt. There was a murmur that they had been marched the day before, that they had no fulthflence that morning, and they wanted refreibment 0-they could not, and would not march any farther, till they had foam. By word of command given by the °IS • ter and the ferjeanr, they marched on a few paces farther, and came oppofite to the flonemafon's ; they then halted themferes ; they would not go any far ther, when they faw there was no other public houfe, led they were very much diffathfied ; I did not lee Aim of them more fir than another ; they were all alike ; I was dole to the rear all the while behind 4e officer t the ferjeant then, after very bad words were tiled, turned to the right, I think, and he up with the pike and hit him. The deceafed was in the centre : before he (truck him, I heard the words of the ferjeant as he got the pike up," I will murder you, you b--r ;" at the time the pike was up, I did not hear any other words. He took the pike up with both hands, and hit him over the head as hard as be could hit him, and when the pike was in the head, he made a pull at it, but he could not get it out, and he was obliged to pulls it forwardsbefore he could get it oat ; the guard part, I think they call it, was In his head. The blood did not inflantly flow ;—it was Come time before he dropped, and then the blood sowed over the right eye ; the moment he was Itruck be cried out—" I am killed—l am killed—l am kil led ;" thefe were the words, and that was before he fell; the ferjeant turned to the front, and never, in my fight, came again to the deceafed.' The deceafed eked for water, and a pint was brought him. I faw them put him in the cart. tZ Before the Serjeant Bruck him on the head with the pike, bad the deceafed Itruck the Serjeant. or attempted to (hike him t or, did you even fce his hand np i—A. I faw nothing of the kind. Crofs examined—He Paid the deferters all refilled to go on ; there was a general refufal among them to proceed without refreffiment ; there were words among the deferters in general, there were none at that time between the prifoner and the deceafed, nor any thing while 1 was there ; immediately after they refufed to go on, the ferjeant went to the front, and the blow was given. Walter Morrifon, a furgeon at Barnet, gave an ac count of the profellional affillauce ha gave to the wounded man ' • the blow had fraCtured the bone and penetrated the fkull; ire cunfidcted it a wound which might caufe death, but he did not think that the re moval of the patient to London increaled the danger of his life. Robert Saunders, who drove the cart in which the deceafed was brought to London, gave an account of the manner in which he appeared, that he was out of his fenfes, and his wife attending to him and giving him all the comfort the could, wathing his mouth and the like. Peggy Kit by, the widow of the deceafed, was cal led in, and appeared with an infant at her breaft— ffie gave an account alto of her attention to her hol band in the cart, and until the hour of hi; death, which was about five in the morning, on the Thulf day. in the Savoy. The Surgeon who attends the Savoy gave an ac t count of his examining the wound of the decocted, ' with another goofed - tonal man ; when he was brought there they did not then think the wound mortal—the man afterwards got better and recovered his teak*, but became very ill on Wed/le:day night. and was --- 1 dead at five nn Thor May morning. He opened the ; head, found the brain had been penetrated an inch deep; no doubt the wound was the caufe of his death. oaravcr• The fobflance of what the prifoner faid in his de fence Was, that the deferters. feventeen in number. were delivered to his charge as a Serjeant at Litch field; that he had there an account of fey end of them having attempted to effeft their cfcspe, and others of them cl:clined it : that he was apprehentive another attempt of the kind would be made, fo that he was obliged to be rigid with them ; that the de ceafed ha.: been defcribed to him as a peel'. in who had been (even or eight years in the late war, and of a turbulent fpirit ; that he found him very refraaory, in many inflances, fo much In as to render it need- Cary to have him put in the cell, apart from the rest, atone place. He was very refrattory at Northamptor, the fame at Dunftahle, and alto at St. Alban's. That he ill ufed the Serjeant, and frequently threatened to take p i way his life if he could get at him ; damned him and the O ffi cer too; that when he commanded the eceafed to march he would not go ; that the Lie e rrant was at one time obliged to come up to the Ileceafed and draw his (word, and firike him with the flat end of it before he would air ; that at Bathet, where the accident happened, he hindered the other deferters from guing on; he laid he would not go on, although he could gn on as well as any of them. He damned the Offiter and the Serjeant : he Rept out of his way, and aimed• a blow at the Serjeant, raying he would take the Se.jeant's life : he lifted tap his pike to defend himfelf, and the deco sled dyed his he-ad. - back, and the trots part of the pike fell on the head of the detailed ; had the dereafe3 kept his rfition, it would not have touched his head at all, and only the wooden part of it would have fallen on his (boulder. Thomas Wilfon, a foldier in the regiment, fup-, ported the whole of this defence made by Serjeant Mack ; be Gated that the deceafed was the worn man of all the deferters, often refractory, and always abufive ; refuted to march at command, and pulled the others back. The Serjeant faid to the deceafed, that he would flab him with the pike, if he would. not move on, and not abufe him ; the deceafed faid he would be damned if he would go any further.— He damned the Officer and the Serjeant too, and faid if the Serjeant came near him he would kill him —the deeeafed Rcpt three or four yards out of the line, and made a blow, and attempted to Like the Serjeant, and then the Serjeant hit him with the pike, and the deceafed drew back his head for fear of the blow, and the top part of the pike happened to hit his head : the witnefs really thought the Ser jeant meant to (hike the deceafed only with the wooden part of the pike. There were twenty foldiers with fixed bayonets prefent, and dole to the deferters. Charles Gilbert, another of the foldiers, gave evi dence to the fame effect. - William Price another of the foldiers of the Mort gave evidence alto co the fame purport, and was con fident that, fuppofing the deceafed to have Aood his ground, the pike would not have hit him on the head at all, and the wood part only would have fallen on his Moulder. Lieutenant Wildlife of the 38th Regiment, who had the command of this clam, gave en account of the whole tranfadion, and fupported the whole of the Raiment made by the prifoner in his defence : the deferters had at fire travelled only eight miles a day. on account of the roads being bad.; they had but one day when at Barnet to come to town, for he was limited to eight days, and that was the realm why he would not let them (lay at Barnet, and be was apprehenfive that a mob would coiled there, as the deferters were murmuring; he therefore ordered them forward, meaning to halt them, and give them refreffiment at the neat public houfe to Bernet, on this fide of it ; that the definers. many of them, were riotous, but the deceafed was the worn of them, Mid frequently abufeid and damned him, fo that he was compelled to firike him with the flat part of his (word once. Had frequently damned himfelf, and Serjeant Mack, whom he called a deferrer ;—th truth was that Mack had been once apprehended on a falfe fufpicion of being a deferter when he was not fo it : was fooliffily fufpeded that his pafs was forged, when it was a true one. He gave Mack an excellint character, and folemnly declared upon his oath that he did not believe that Serjeant Mack intended to (trite the deceafed on his head at all, nor that it would have fallen on his head had he kept his ground. but was the effeet of his changing his pofition when the blow came. Lord Ettamatiaouctit, in Cumming up the evi dence, faid. there was no doubt either of the fad, or of the perfon by who% the death of Timothy Kirby was occafimwd. He then oblerved on the different degrees of homicide, from that which was junifiaWe, to the lag degree of it which was murder. and took a view of this cafe on the fubflance of the evidence on both fides that was not unfavourable to the pri. loner, leaving the Jury to fay, under whir head of homicide this cafe ranged. It being, his Lordfhip Mid, at all events a homicide. as there was no doubt the blow was the crate of the death. The jury retired. and remained out of Court about half an hour. and brought in their verdift.—Guilty of telanflaughter. The Ducheft of Batman appears perfeBlT rem. covered from her late indifpolitton. The Right Hon. the Lord Spencer of Wormleigh ton, Marquis of BLANDFOID, has appointed ►he Rev. VAUGHAN 'Noma', A. M. Fellow of Chriflehurch College, Oxfcrd, and Vicar of Stoneley. Waiwicie (hire, one of hi: Lord(hip's domellie Chaplains. On Sunday mot ' g two Officers of the yid Re giment, in garrifun at Glafgow, exchanged a shot in the Green. when one of them was wounded, but not dangeroully, in the thigh. The ecth Foot have embarked on board the tranf ports at Monkflown, near Ch,t k, for foreign fervice. In the next fleet fir India, three ti,utand troops trill, it is laid, be embarked at the lii.iii%rtianle for Bengal. The Sea Horfe tratviroq from the Cape of Good Hope, has arrived at Cove. She had been put into Wetlpoint, and there landed Lieutenant Dace oldie orated, who was charged with dil l :ranches trtint Sir Davin BAIRD and Sir Home POPHAM, announcing the furrender of Issues's army. and their being embarked, and on their way to England, on boara ten tranfpnrts, under the command of Captain Bur yr &rump, of the Royal Navy. 1 \,- , 1 I I 3* Thu '