Star. — London, England, 1803-11-04 00:00:00

lticirlCAL INTELLIGENCE. MAILS THIS DAY.—Wind North. All. DUE. ARR. Dublin o s Gottittbursh 5 Waterford s s ❑' '.'.~ CV 7. ed ; by of * D. / psi PENZANCE, Nov. t.—Arrived his Majeity's (hip NIMROD, Lieutenant O'Nbst. Commander, from a cruize ; the John, of Truro, TRELVDRA mailer, from London, in ballaft, in order to take in tub at this port, for the Mediterranean; and the Young Peggy, of and from Jerfey, LSFavisae mailer, with fundries for Briftol. Pornmouta, Nov. 3.--Arrived the Srainwezz kilo Lieutenant Rossanom, from a cruize. She has brought in about 200 kegs of liquor, which fhe picked up off the Owen. Sailed the Duxe or YORK cutter, Lieut. BALroum, with a convoy for Guernfey. Laft night arrived at St. Helen's, the SHANNON, of 36 guns, Capt. Gowsa, from the Iquadron off Havre. Went out of harbour, the Royal. Wittiast, of 84 guns, Captain WAINWRIGHT, and the SOPHIA, of 18 guns, Captain ROTIINHAGIN. The ROYAL WILLIAM is to lie at Spithead, upon the fame eitablithment as the whole of the laft war, to receive men, &c. The COURAGIOI, of 74 guns, Captain HARDY, is ordered to be paid off immediately at Spithead, and recom snifGoned by the prefent Commander. She will fail with the neat convoy for the Weft Indies. Remain at St. Helen's, the Beira/tars, of too guns, Captain Lord Norritseg ; DIANA, of 38 guns, Captain Macula; and the Sumtwos. Wind E. N. E. DIAL, Nov. 3. Sailed I'IMMORTALITS *vas (loop of war, and Mutate gun veffel, on a cruize. Wind E. N. E. Haawitn, Nov. 3.—This day arrived from Got tenburgh the Diana packet, Captain Osacians, and the Auckland packet, Captain HamMOND, with mails and palfengers.—The Auckland, Captain BRIM'S, failed along with the above veffels, and is now hourly expeited. Mr. ARBUTHNOT and family are palfen gers en board of her.—Arrived from a cruize the ZORD and Mowasv gun brigs, and remain .the CHBROIL and Aooitassoa.—The Drie Gebroeders, 'imam mailer, bound to London, with nets ; and the Welwaard, H. Wazzaza mailer, from Embden to London, with butter and chute, are put into this port. Wind ES. E. _ _ _ Gassaoce, Nov.. t..—The jefEe, Boars, from hence, is arrived at Newfoundland. The Clyde, bl , Coss, arrived at Charlefton from Liverpool on the ssth Auguft. The Ooghton, Basao,from hence, is arrived at Quelttc. On Sunday Torenoon, the fmack Swan of Rothe fay, from Loch Lung for Glafgow, with ys barrels herrings, and manned with three bands, two of them belonging to Rothefay, and one to Greenock, finding they were water-logged, and unable to proceed far. ther, attempted to land at Greenock ; bat when they got within about so yards of the Well Quay, The pitched, and went down fern foremoft, almoft in an usft-ant. A number of people who few the accident, immediately put off from the quays with boats to their affiftance, and Caved the people, and part - the cargo. FROM LLOYD'S list. G a , Nov. io—Palied by the Horatio. Robb:fon; Wm fad, Wows; likriaksa. %lard ; Throe brothers, Bell; Vroor Rebeara, Cooper, and Good Heenan, from Embdca— Soiled the loony, Prosaism, for Cork ; Delon, Spame, for Stat. Pute ; 14bdla, Vroodell, and the Good Hope, for Entbdeo. Mamie.. .Mr Liverpool, Sophia. Pakenhain. from Virginia. At Hof, Frankfort, Way ; Royal& femstliwdi ; and Cooqueror, from AreitsegeL At Make, Mary, Taft:, from London. At Pewit:or* Mentor, Kern. from London. The Virginia friptc, with a come? bound to the Baltic, arrived at Elfasear ea the 14th The Fairy Ooop Is appoifted to ha from Cork with a convoy for the Weft ladies. The Owed& pain Forma. (Ado. from Dentate to B rooms. with tindier, was hill Ow night of the ;ph ak. trear; Rouge s drowite&seell of the crew Laved. The Ser (hip Gamma Adalphos, Holm. from Riga to Lff boa. with timber, was wrecked in the night of the t ;tit nit. on the emit of Walden' : crew raved. _ _ The Millie revenue cotter, of Falmouth. has fact into that port the Ply fosaggling Gee% el Denman. with ego calks of foreign Writs The Coil, MaGregor, of and from Greenock, for Lame, wee driven on mere at the Fairly, and le Baez full of water a crew sad part of the cargo laved. According to an account received yellerday, the Honourable Eaft India Company's (hips the UNITRD KINGDOM BARING, and LORD ELDON, and tome others, are f.fely arrived at the Mind of St. Helena, with fome very valuable prizes, which they captured nearly in the latitude of the faid Wand. It is now underaood, that the account of the war with France has been received at St. Helena. The gar rifon at that ifland, in an expedition recently under taken, has made prizes to the amount of t 00,0001.— Two (hips have been taken, one ofthem is a 64. but laden with coffee, Bcc. The INDIS AAAAA ILE. GARDNIR, from the South Seas. is arrived at Cork. She left St. Helena on the 9th of September, at which time the following fillips were lying there Tottenham, Jones ; Lard Eldon, Sweet ; Minerva, Weider) ; Baring, Meadows; wed the United !Undoes, from Ben. pt; Atlas, Mafgrave, from China; Britannia, Mills ; and Du Doe, Dm* from the South Seas. The Batavia, &mill ; and the Bel lew., Leash, from Batavia, bound to Ansiterdant„ are detained. Alfo the following (hips, outward bound, for the &nth Seas : Caledonia Page; Diana, florllhe influelorMarref Charm ing Kitty. Law; Lively. Moore; and Aurora, Gay. The Perfevernao% &ken, from tk South Seas, failed from Sc. Heim toe Landes as the set deptunkr. The Bekaa. from Batavia, bound to Amfterdam, detained at St. Hdena, Is Ampoled to be worth, mar soopool. She hat up wards of fopool. worth of entre on beard. Extraa of a Letter from an Officer on hoard the Panics of WaLaa Eat Indiaman. dated St. Salem dote. 4th July, 1103 5--" The winds being entirely to the foutbward, the currents fet us on the cog* of Brazil when being near this port, and our rigging in a (hocking fiatc limo the rely extraordinary man ner in which it was itretchal, notwithlianding that we fet it up thoroughly at fee. I was 'clad to pot in here for a day or two to rift it; !boos hole, from the bnwiprit to the taffrel, waits fleeting. without which the limas would have been in extreme danger. I never IAW any thin; like it in all my Maim at fa." dalltilk Poi-'Wit EXTRACT OP A LETTER FROM ♦WICK, DATED OCT. 14. " I fend you an account of a very fingular and extraordinary Aerial Voyage. Count FRANCIS Zas,. EICCARI, of Bologna, Doctor GRASSETTI, of Rome, and M. PASQOAL, of Ancona, had prepared a very large Air-Balloon, which on Friday, the 7th of Oc. tobar, they filled in the city of Bologna. The filling proceeding very (lowly: it was not full till about mid night,. And the above.mentioned Gentlemen propofed to defer their afcent till the next day ; but the impa tience and clamour of the people of Bologna obliged them to afcend about three quarters after midnight. They, however, refolved to come down again as loon as po ffi ble. The balloon being let at liberty, role with prodigious velocity, and loon attained inch a height, that Count ZAMISECCARI and Doctor Gus- SETTI, benumbed with cold, which at the firft pro duced an inclination to vomit, lank into a kind of infenfibility and a deep fleep. " M. ANDRIOLI, who alone was awake and in pof feflion of his fenfes, could not afcertain the height to which they had afcended by the barometer. becaufe the wax light they had carried with them in a lan thorn was gone out. About half after two in the morning, the balloon began to defcend, and M. AN DRIOLI dillinelly heard the dafhing of the waves of the Adriatic lea on the coaft of Romagna. He then awakened his companions, and endeavoured to pro cure a light by means of phofphoric matches, but did not fucceed : He at length obtained one by tiling tinder in the common method. Soon after the balloon with the car that was fattened to it, fell into the Adriatic Sea, and with fo much force that the water dallied over them above the height of a man. The /Eronauts, drenched with fez water, benumbed with cold, and in fear of immediate deftruaion, threw out a bag of land. all their inftrnments, and every thing they had with them ; after which, the balloon rote a fecond time with extreme rapidity. They paired through three ranges of cloudsone above the other, their clothes were covered with a hoar froft, and, on account of the rarity of the air in which they were when they had afcended above the clouds, they could fcarcely hear each other fpeak. The moon Shone on the clouds below them, and appeared of a blood-red colour.— Some time after three, the balloon again defeended, though very (lowly, and a Wilk fouth-weft wind drove it over the Adriatic Sea towards the coal of IRria. The car frequent!) , touched the water. and for five hours the adventurers were in momentary danger of death. At length, on Saturday morning about eight o'clock they were taken up, and refeued from the perilous fituation in which they were, by the asaissara (a kind of large bark) of ANTONY BAZOL, about ten Italian miles from the harbour of Veruda in Ifiria. The balloon being given to the wind, flew over the mountain Offerts,and probably went into Dal. matia. The Aeronauts came is the fame !hip, with their bands and feet entirely benumbed with cold. to Pola, a port in lath, where they remained four days to recover from their fatigues. To-day, about eight in the morning. they arrived in Venice, and gave the above account of their adventures. Their aerial voyage from the coaft of Romagna to IRria is a dißance of so German miles (about rso Englifh). Had it not been for the brave iceman ANTONY BA rot., who very ably (Leered his Skip to fain them. they would. no doubt, have been buried in the waves. They were received here with the utmoft hofpitality. LAW MTELLIGENCB. COURT OF SWOT BENCH, Nov. 3. STOCK BICHANGI BARGAINS. MICKSCII tit MID Maga. 9. CILIASIITS,ThiII was an 'Rion for the recovery of a difference on Sock fold on the sth of May left, and refold in confequence of the fame not having been taken by the Defendant. The Plaintiffs rade at Hamlourgh : their Agent in London, Mr. D. Eliafon, of Goodman's Edda, proved giving an order to Nathan Salomons. the Agent of Metirs. Goldfinid, to fell to,OOOL Confols whenever there diould be a rife of 4. per cent. from the price of the day on which the order was given. On the sth of May this rife took place through the official communication of the Lord Mayor of an ami cable adjudment with France, the fame having been pblitlied by his authority in the Stuck Eschange.— Nathaa Salomon* fold 0,0001. Confols at yof. pool. of which was fold to Jacob Clements, the Defendant in this caofe, who refuted to take it when the for gery praftifed againti his Lorcithip was difcovered. On the 9th of June following Mr. Eliafon employed a Mr. Wetenhall to retell it. T. Sheffield, the clerk of Mr. W. fold it to Thomas Cope at syf ; and for the difference the anion is now brought. Mr. Towle, Clerk of the Bank, proved that Mr. D. Eliafon had fufficient flock in his name on the sth of May, andalfo that to,oool. Confols were transferred by him on the 6th Jaly to the order of Mr. Cope, to Mofes Zuntx, of Goodman's Fields, which was the fiat day a transfer could be made after the 9th June, the day of the fecond fele. The firs witnefs, ' Mr. Elision, the Agent of the Plaintiffs, was here called back, and ;liked why he did not retell the Rock as fooli as he knew the parties would not take it ? He Paid, becaufe he took time to write to the Plain tiffs at Hamburgh for direitions. Mr. Nathan &alomons was then afked If it was not ufual in the Stock Exchange to retell Rock on the day after the parties refufe'd to take it ? He Lid it was fometimes done, but at other times they were not Co Sri& Lord ELL'', roam:on. after hearing the &stave lions of Counfel, direeted the Jury to nonfuit the Plaintiff on the following ground:— That this anion being brought on the Route, they mull abide clofely by the direaion of that Statute. which dire& that if a perfon refute to take the flock on the day agreed on, the party aggrieved may refell his Rock for the belt price he can, and he (bell been tided to recover the lofs &riling from fuck fele. Now (lays his Lord(hip) as the Adt does not fay when he (ball fell it again, it mull imply that it ought to be fold, I will not abfoltstely fay on the next day. but certainly on the firll reafonable opportunity, for if the agent could be allowed to fend and wait the an fwer from Hambergh, by the fame rule he might fend to the EaR Indies and back, but it would be nn. jog to allow any Inch latitude. The Plaintiff's Counfel then applied to his Lord (hip to recover, if not the whole, the difference be tween the price firlt fold at and the price of the foi -1 lowing day, to which his Lordthip objeaed. as the Statute rave no fuel nower..—Plaintif norfnited. COAL TltAbi: DAVEY AND ANOTHER Eh Lowe.---gr. Etyma !fated to the Jury the courfe of the Coal Trade, out of which this caufe arote. Coals were fold either by pool or wharf meafure. When by pool meafure, the party buying was entitled to what was called the in grain, that was, one in twenty. In meafuring coals on board a (hip, the bufhel was not employed ;but there was a meafurs tiled called a vat, which vat contained nine bufhels. This vat was fixed in the !hip, and perfons were employed to raife it up after it was filled with coals, and to cart it into the barge or lighter that is alongfide the !hip, nut of which the coals are taken. The Coal Meter takes his Ration, to fee both the filling of the vat, and the !hooting of the coals ' into the barge. Any perfon may purchafe the whole in the veffel, but they mull be all meafured in this manner, becaufe the duty upon the article is collefted from the meafure thus taken by the Meter, he is the Meter between the buyer and the feller, and alfo be tween them and the public ; not only fo, but he was often brought forward as a witnefs, when any fraud had been praCtifed in any of the fubfe quent Rages of the fate of coals. The barge into which coals are thus flint, is divided into rooms, containing generally, from five to ten chaldron ; a room of five chaldron containing 189, and that of ten 378 bufhels. The preterit Plaintiffs to.d pur chafed all the contents of a veffel called the Seven Brothers ; they had had occafion to obferve, more than once, that fhort meafure had been given to them by means of the metage of the Defendant, who was a public Meter in the Pool. They faw, by what had frequently palled in Courts of Jullice, what was intereiting to us all, that many dealers had large penalties anfik s led on them, on account of delivering coals fhort of meafure ; they were apprehenfive they might themfelves become vittims in like man ner by the fraud of another ; and therefore they refolved to do their belt to detect it. Their barge was brought to the Seven Brothers, for the purpofe of receiving thefe coals fo purchafed. The Defen dant took his Ration as the Meter, the coals were meafured ; andfrom what one of the Clerks of the Plaintiffs few, they were fatisfied they had not re ceived their full meafure ; and here, Mr. Elaine laid, he could not make the charge againtt the Defendant fhort of fraud, for it was obfervable that he was paid in proportion to the quantity of the coals meafured, and therefore, the znorehe made of them, the more he got for his trouble. Fraud it muff be, or elfe culpable negligence; and when the quantity meafured in this cafe came to be confidered, and the deficiency found upon remeafurement, it would be very difficult, if not impoffible, to acquit the defendant of fraud. In this barge there were two rooms to be filled, a middle room and a head room, one of which ought to have in it 039, and the ether 378 buthels, or 21 and 42 vats, and would have had thefe quantities if the Coal-meter had done his duty. As Coon as this pro. sets was over, and the defendant had finithed his work, the plaintiffs' clerk informed him that the coals thould be remeafured. If they had not given him notice, but had meafured them again behind his back, he might have had juit realon to complain, and to have Paid, st I ought to have had as op portunity of meeting my accufer, face to face ;" but he had full notice of it inftantly as be had done, and he might have been prefent at the re• meafurement if be had pleated. The Plaintiffs did not with to conceal that they tent their clerk on board to detect this fraud, for they bad before been imputed upon to an immenfe amount, and they fufpeftedrbat the Defendant, who was paid according to the amount of the coals meafured, might have profited a good deal in that way, befides the private touch be might receive from the feller alto, who profits like w& by this pradice. Now, he wifbed the Jury to confider the condition of the plaintiffs in this cafe.— Suppote they had no futpicion`of this fhort meafure being delivered into their barge, and they had fold there coals exactly as and for the quantity they bought, and the buyer had had them re-meafured, and they were found deficient, (for deficient they were, as be Rioald Rate prudently ) and an anion bad been brought againß them for the penalties o(the law, this very man who had thus defrauded them, would have been railed up as a witnefs to prove at once his own integrity, and to fallen his own fraud upon the prefent Plaintiffs. The Plaintiffs bad therefore abed prudently in deteaing this befinefs, and they did it fairly, as the inflant they gave the Defendant notice they intended to have the coals re.meafured without delay. The coals were accordingly reatteafured, not by any pafons who might be fuppofed partial to the Plaintiffs, but by two Land Coal-meters of the city of London, and two of the fame defcription of the county of Surrey, of the names of Bigg, Bifhop. Lee, and Bradtree; by whole joint memorandum, figned by each, it appeared that the coals in queßion, pro duced, in all, 357. initead of 378 bufhels, a defici eney of 21 bullets. Upon this cafe, the firft confideration would be this, whether it was peifible for the jury to account for Poch a deficiency, without imputing to this De fendant either corruption or grata negligence i He was a pertain, who not only was (worn to do Mlle* between the buyer and the feller, but he alto repre tented the public. However, if there was any way of accounting for this, Sort of corruption or grata oe. gligence, or if the cafe hung in the kale fo as to be in the haft doubtful, be not only ()mold not able& to the Jury finding a verdiA for the Defendant, but he, as reprefenting the Plaintiffs, intreated them to do In ; for in (itch a cafe, to (peak the language applicable to the pool mature of coals, the Defendant would be eatided to the in-grain of the judgment of the Jury. Bat if, on the other hand, the evidence thould be as be Rated it, the Plaintiffs would be entitled to a verdid, however hard fuch a verdia might profs on the charatter of a man in tech a truly Ration of life, for jußice man be done, and that could not be accomplithed without deeding and expofing guilt. Mr. Goias took an objeCtion to the declaration, in fißlog, as the Defendant had been defcribed as one of theierws, that it was a nsildefcription. He be. ing only e meter appointed under the authority of the principal meters. His Lordihip, however, overrul ed the objeltion, sad the cede was permitted to proceed. Joreph Barber, a coal fa&or, was then called to prove the purcbafe of the cargo of the (tip Seven Brothers by the Plaintiffs, which took place oa the 4th of March, I 1105. He added that the meter's pro fits were in proportion to the quantity the (hip con tained. &billion. Clerk to the Plaintiffs. taw the tbals mearined into tile lighter; Lave was the meter. When the barge was filled, he received a ticket from the Defendant. The ticket exprelfed, that ten chat drons, and two vats, being the ingrain, had been de livered to the order of the Plaintiffs. He then told the Defendant, he fhoilld remove the barge acrofs the water and meafure the coals again, as he thought they were deficient. The Defendant took no notice of what he faid. The coals were re•tneafured, and Wind of having 378 bulnels, there Were of ly 357, being 2 t fhort. On crofs examination, he raid, that the coals sere meafured by land meters, and that he did not apply to the Sea Coal Office. John Burgoyne had attended the fhlp's delivery for the plaintiffs; and thinking the vats were not filled fufficiently, acquainted the plaintiffs, who refolved to re.meafure the ncxt quantity delivered. When the lighter was filled on the loth of March, after ac quainting the meter of his intentions, the coals were re-meafured. He never quitted the barge till all was done, not a coal was fubtra(led, and the admeafure ment was fair. The build wa, the one ufed on all limilar oceations, and was fo conitru6ted, that more than the buffiel could not be taken up. On erofs-examination, the witnefs faid, he did not tell the defendant that he was givi;, , ; (hurt meafure. He thought it was of no we, the meter was ( - worn to do juitice, and thould have done his duty without be ing reminded of it. Biggi, a deputy coal meter at the Surrey Office, was retplefied to attend the admeafurement of the coals in quellion. They were admeafured by a bail bufbel, which cuts off the coals that might other wife be heaped up, and prevents there being more than meafure. It was the moll corral way of mea luring. He found in one chamber ;a bulhels &ore, and in the other 9 Witch fhort. If the plaintiff had fold the to ehaldrons according to Pool meafure, the buyer would have been at buthels tbort. The defi ciency, be added, could not have happened, miles negligence or fraud had been ufed. He bad trsea lured coals before of the fame defcription, and foetid them over and above the real meafure required. The meafurement by the vat would give the larger quail. tity. . _ _ Lee, a fworn meter at the Surrey Office, Bi (hop and Bradcree of the City office, corroborated Biggs's evidence. Lord ELLIN Bosounn anted Mr. Glass, ifhe could exempt the Defendant fro:L e : i sle ligence ? If not, the time would be taken up y ra entering on the defence. - Mr. Class thought he could wholly exculpate the Defendant from either negligence or fraud. The Learned Conniel then entered on the defence,arguing that the re-admealurement of the coals thould have been at the fhip's fide, and by the fame meafure as at first meted. The motive of the anion was plaid; and as the meters had been the infiruments by which the public in many aftions had detetked the frauds of dealers, the complaint before the Court 7:al:A The object of re.meafu rement was, that the should not pay for more coals than they received; yet the Plaintiffs had not dedaded any thing from the regular charge made to thein,plainly (hewing that their tibial was punifliment. They might have brought their :Eliot' for the difference of vidise, ii the quantity fent and the quantity charged, but in that their purpofe would no; hay! beat asliwerede— He, therefore, united that the Jury would fee the cafe in its proper light, and not find an individual guilty of fraud who never, intended any ; or of negli genes wben the proof of it, if any, had been afar tamed behind his back. The coals were tibt ateaftured by the vat, as they ought to have been, which walk create an uncertainty in their minds as to the Insiil.llll being of a correfponding fits, and if fo, they= to give the Defendant the advantage *Ethnic Lord Ettssloanucte, after lamming op 16.414- deuce. obferved, that the admeafuremait WM lot beets impeached by the defendant, and ilkaajiLtheas. fore, be taken as corrth. His Lordfhipilliastagves with the Learned Connie], that the *hail's dark (hold have corrected the meters that was not the end the plaintiffs wanted ;,it was to detect fraud s if there was any; and their own intend. and the duty they owed the public, warranted their coeds& It was a legitimate objed coals were an article of prime neceflity, and the perfons employed flunild be of approved honefly, and of known care end pradeacc. If they were rut - peeled. it was what every man owed fociety. to rift thole fufpicions to the bottom, and fee if there was good comic for apprehenfion, The Jut, had heard the evidence, M which was O& to one fa*. on which they would decide, namely. whether the deficiency was to be aferibed to 'Vaud, or was owing to the defendant's negligence ? In both which tan the plaintiffs would have a right to recover their las. The jury found a verdift agaiall the defeatiaatoa the ground of negligence ; and fixed the amigo at the price of the coals deficient, amounting is a so& sauce W. STEWART. This was an &aims brought by the PlaketilL a merchant, 'spina the Defendant. who is a broker. for the value of nineteen hoglheads of fugar fold and delivered. The cafe turned out to be as follows a-- The Plaintiff had employed a Mr. Holmes, a broker, to fell foam fugars. which he had impo rted Ere. Grenada; the Defendant contrafted to buy the Agar at tn. a hundred, and at two meths credit. At the time the Defendant entered into the costroa. be did not name his principal ; bet after tie metro& of tale was fort him, he defired that [maples lhoidd be fent to Metre. Givers and Hinck. Tide gentle. men afterwards at to Mr. Holmes for as mite to get thole bogiheads offnia from his Iffassare's Bores, for exportatice. Mr. Holmes' clerk refulki the order to Mr. Given and Co. whom be knew nes thing of. bet gave an order for Mr. Stewart to re ceive them, which, with his indorfemem, woad be fufficient to get the fugar from the Mores. Mars. Givers and Co. however, got the fogar from the Cuftom-boufe Office upon this order. ea/ is too mouths after bemuse bankrupts. The Plaintiff, there. fore, brought his salon again& the Defeeaant, to whom alone his broker inGded he had given due credit. never having heard of the name of Givers sad Co. m the cranfahton. It appearing, however. frets t hi s fi l ament. that though there was a Cale to tie Defended, there never was a delivery of the goods to him. out to Marrs. Givers, and it moreover Pee t i es that if the Plaintiff bad m a d e his deemed ht rope time, Metre. Givers and Co. would have peed it. "sae they were yet folvent, the Piaiatif wall nosfuited.