Star. — London, England, 1808-06-13 00:00:00

.ArALI77Ci4L INTELLI.;.ENCE. The Endyntion, Con , Am; from Detrr.rara, lit•tirived st Cork : she sailed from Tortola on the Sd • of May v i t h the fleet, (19.1 sail) far Great Britain, and parted cre pany on the 13th. TORBAY, 11.711 F. 11. y es terday evening sailed the Artut DE PARIS, pat.lnsouc.3 r, TONNANT, NETTUNE,ACTELLF, ROYAL, G E ocGr, IIIPETEATJZ I VALIANT, and SAINT GE ORGE ; 2 i the Lot n COCTinArE and 4ItRIW schooners, and tie BEDEY curer, to resume their station off Brest. PLYMOUTH, /UNE 11. Arrived the JosErn cutter, front the Westward.— si: e d the CucKoo schooner, of eight guns, on a cl ize. Came down out of harbour, and anchored . the Sound, the Irtocctm frigate. Sailc.d the IN gan-bvig to the Westward. The Coccus, beautiful new brig, pierced for IS guns, built by a pprentices at his Majesty's dock-yard, was launch ei from thence yesterday evening, amidst a large alcourie of spectators. PORTSMOUTH, MAY is. This morning :Le BELLE POULE, Captain BRISBANE, ai l the Mediterranean convoy ; and the SPEEDY, Captain MUDDLE, with the convoy for Newfoundland, and Quebec, are getting under weigh. Cap. t i t atßnms, cf the RENowN ; Captain COLBY, cf the Raft!. S'XIEB*IGN ; the Hun. Captain %VALDE GUYS, cf the TsiAmEs ; and Captain FANSIIAW, of ! he.o...isitcpsApt, go out in the BELLE POULE. Ge. D eral Wrturr, Colonel BROWN, ant Colonel CAMP' J ELL, go to Sicily in the convoy. HARWICH, JUNE / Arrired this morning the Lady Nepean, Captain OnNo, from Gottenburgh, with mails and passen prs : no particular news ; the troops still remained on board the transports at Gottenburgh. An express ;as arrived hare to-day, to be forwarded to Sir JOHN !ft)Clit ; a packet will sail immediately. Sailed yes terday. the Pimce of \Vales Packet, Capt. WATS6N, for Gottoburgl:. YARMOUTH, JUNE le. Arrive.: the RoYAntr.r and RANGER sloops of war, and ACUTE gun br:g. Sailed the CENsoR, HAVOC, Ind PINCZIF.R gun b;igs. Arrived several light vic tuallers, from the Baltic. Remain in the Roads, the burnt, Vice Admiral Dotniits ; STATELY, Asa "An RerAntsr and ACUTE gun brig. pan, P. .M.—The MAJT:aple, Vice Admiral Rrs ; and the NAFSAU, of 64 guns, arc now coming nto the Gut.—Wind N. N. E. DEAL, JUNE :1. Arrived, the ContArn:ce:, with a convoy from Fal math, which passed through for the River. Jun 12.—Sailed the FISOARD frigate, for Ports mouth; the COCKATRICE, for Falmouth, with a con roy; and DESPIMATE arid FRIRLESS gun-brigs, on a cruize.—Arrived, the Bola) gun-brig, froth the Nora. REMAIN 1K TUX DOWNS. ponce:' of Orange, Triumph, Tigre, Minotaur, Bellerophon, Trim, Clfile, Furious, Bold, and Phoivhortis.--Wind E.N.E. LEITH, JUNE 9. &tired in Leith Roads, the SCLXTEF 5100 p of war from a cruize. sailed the ARIADNF sloop of war, QriEN CHARLOTTE cutter, OSNADCRGIi cutter, and ItuunoyE sloop of war, all on a cruise. FROM LLOYD'S LIST. Geaveitim, Jame 12.—Passed by the John, Yates, from Newfoundland ; toe Hector, Hector, from Newry ; the John and Nickolson, the R cinders, —, the Shearman, Helter, and Petresoro, —, from Gottenburgh.—Sailed the Union, Ja cobi, for Ntw-York ; the London packet, Holman, fur Cork ; tte Diepatch, Rowe, for Wexford ; the Jane, Jenkins, and the Spectilttion, EallF, for Dublin. The Captain of the Saa Fercibles at Hythe is ap ' pointed to the FLECDE corvette, at Portsmouth. He tars with him the good wishes of every one at Hythe, Captain MANSFIELD is appointed by the Lords of the Admiralty to be Pay Captain at Sheerness, in the man of Captain MurcatELL, promoted to the rank of Aar Admiral. We have already briefly noticed the gallant de. rice made by the PRINCE ElexF-sr packet, Captain Ptmt, in March last, against a French privateer of very superior force. The merchants and inhabitants (Kingston, Jamaica), have come forward, to reward the crew of the packet with the following sums: To the Captain, 200 Guineas—Master, 100 ditto—Mate, 50 dk3--Bnattwain, Gunner and Carpenter, each 25 ditto—Lash oithe crew, 10 di•to. It was afterwards learnt, that the French privateer was- called M issena, carrying 120 men. The first dis charge from the packet killed her second Captain and twn seamen, and mortally wounded the first Captain. Her rigging and masts were also severely injured ; and that she was not captured, was owing to the sud den panic which seized her crew, and her superior sailing. When she a tt e mpted to board the second time, the determined spirit of resistance shish ap peared in the packet's crew, daunted the enemy, who 'Lade* Sheered off without closing. The packet store to grapple with her, but could only reach her ;f l siini one half of which was torn off and remained :3 possessio n of the packt as a trophy of her victory. Our readers will be glad to hear that the veteran Captain PETRY. (a thorough-bred seaman of the first eater) is recoverin 7 of his wound, but the ball is not Ter extracted : it entered near the shoulder-bone. One of the brave fellows died of his wounds, the others are recovered. 1 If ~_Btouvo —A mat c h t oo k place on Saturday at6ol- j 'c -green, on the Hendo n r oad, between .DoghertY, Ile was beaten some time ago at Epsom, by young , BeleNr, and 4 Scotch baker of the name of Peterken, 1 . 4 1 a bad lately worsted a couple of novices. At set 7. 4 4 10. the hits ran seven to four in favour of On 1,V4. After the second round, in the course of which. to* ust of the tight out .of his adversary, by a ulll-ialan'ted hit on the bead, which dropped him don r4X, they eixcreased to three 'to or . sr,„in Dogherty's 4fter . ghting three quarters of an,hoAr,the 794 give in. Tte sports of the d i ly 'concluded WO - halting the Game BulL THE ARMY. r- Arrived on Satu r d a y at H arw i c h severa l sa il o f trinsports, having on board the 76th (Hindoustan) an 67th regiments, which landed thena this day ; they are from Guernsey and Jersey. Major-General MooaE, to take the command at Newfoundland; is going out in the convoy which is under orders to sail with the SPELM—Commissioner _ _ INOLLFIELID, for Halifax ; anti Sir ISAAC COFFIN, Bart. who is going to survey his estate, the Magdalen Islands, are going out in the Isis, with Admiral HOL. LOWAV. The Hon. Major General MEADE succeeds Gene- ral BrßEsr . olto in the command of Madeira. The Scots Greys go immediately to Ireland. The Inniskilling Dragoons go to Scotland. The King's Dragoon Guards go to Yorkshire. The Bays relieve that noble corps, the 14th Light Dragoons, in the coast duty on Sussex. Thu 14th expect to go on service. The 9th Dragoons take the King's duty at Houns low and Windsor, along with the Blues and Stafford The 13th Dragoons go to Guildford Barracks. The 2d battalion of the 14th Regiment is stationed at Bexhill. The 2d battalions of the 45th and 89th Regimenti are on active duty at Manchester. The Pembroke Militia are on theirmarch to Da rtford.` The R oval Radnorare on their march fur Chichester. The West Essex and South Hants Militias are both quartered at Bexhill. The 2d battalions of the 34th and 53d, both of them nearly complete, lave gone to Ireland, to relieve sonic of the corps going with Sir ARTHUR WELLESLEV's expeditlen. Tl:e Ist battalion of the 58th, or Connaught Ran ge:;, is now quartered at Mahlon : they expect to be one of the very first regiments for service. This is General BEiti.SFORD'S own Regiment. To the great joy-of the garrison and inhabitants of Gosport, General PORTER remains in the Lhief Corn- • m and there. The 17th Regiment of Dragoons, it is said, is to relieve the 16th, doing duty in the neighbourhood of Sandgate. The 43d and 95th still remain there, do ing duty at the Barracks, and in parties, as far as Cape Point, on the other side of Folkest.)ne. hiday sCnnight, a War Office Ord2r arrived at Lewes, by express, for the immediate removal of the Ist Dragoon Guards, by a forced march, from the barracks, to Manchester and Stockport. About one o'clock en Saturday se'nnight, while the baggage wa,,,rgons were in the barrack-yard to receive their loaaing, a counter-order arrived, confirming a route that had been previously received for their march into Northumberland and Yorkshire. Monday they pro- ceeded on their route, in six divisions ; and are to ar rive at their respective destinations as follows, viz.— At Sheffield, two t: pops, ern the Sad instant. At Leeds, two ditto, on the 244-12. At York, City and Barracks, three troops, on the 2.5 th and 27th. At Beverley, one troop, on the 27th. And At Newcatie, four troops, on the 28th. The Horse Barracks at Lewes will next be occupied by the 10th, or Prince of Wales's Light Dragoons. The Canterbury Riflemen, under the command of captain PACKE, have commenced their fortnight's permanent duty at Canterbury. Monday last the Woodstock Volunteers were in spected by Colonel AUBREY in Blenheim Park ; and ae.xt day the Banbury Volunteers, who have for the last week been on permanent duty at Woodstock, were likewise inspected by the same Officer in Blen heim Park. The Leicestershire Militia have marched from Horsham to Hastings. The Middlesex Militia, 1400 strong, will replace the Leicestershire at Horsham. The East Kent Militia have marched from Gosport to Chichester. _ _ The North -Cornwall Regiment of Volunteer In fantry have, oue and all, declared their willingness to commute their present services for that of the local Militia. On Monday the Custom-house Volunteers, under the command of Colonel WILSON, were reviewed on Kennington Common by the Inspecting Officer, Co lonel HANIAGE. We think it but justice to observe, that they went through their different evolutions in a manner that would have done credit to any regiment of the Line. We are informed that the frequent serious sickness among the soldie s at Ashford, in Kent, arises as well from the great scarcity of water, as from the bad con struction of the barracks, being often obliged by the wells becoming dry, to obtain a supply of unwhole some water from the river; this circumstance alone most loudly calls for their speedy removal, instead of money being fruitlessly spent in their repair, particu larly when there are most eligible situations within a short distance, with a most vivre supply of the very best spring water. Saturday se'nisight his Majesty's ship DRUID ; Capt. MACKAY, arrived at Cove from a cruize. On Saturday last, a meeting tcok place on Epping Forest, between Captain R—ns, of the Northamp, ton Militia, and Lieutenant of the 15th Light Dragoons. The parties fired together, and exchanged three shots (the second pistol of Captain 'lt. missing fire), and in the third shot Captain R. received his adversary's . ball -in the leg, which shat tered the shiirbona, aad.altltungh it was immediately extracted, it is apreilpided Iteniust suffer amputa tion. The principaisyeera 0 short,time ago quartered together iii WdddlrrtQge Frarracks, *hen an intimacy ensued ; and the cause of the meeting, we are given to un d ers tandiavilLbe °very stem disci - used by a legal investiptiondi . A.y9oog,Lad7 okfoitiine.at ,Hammersmith, who has just reacbheedd hey List year, eloped on Thursday evtth ettaval Officer, whom she bad been acquainted With eel? foitrfight. -ponent took place on Friday, from .p 44 14, Kepi-road! The lady is daughter to a gentle man in the revenue department , and will inherit an in dependence left her by an - Mint ; the gentleman is a menibir of 'a Tifie corps In the nbighbOurhood. parish of Aldringtonitussex' a rectory worth wawa. of 4001..pa5: 'moan, in.tit* gift of Magdalen Catlege, contains neither chureb,lsouse,or inhabitant. CPA I.r - 41 1 ere wc.F5 entetre4 t i t . the Sea Coal Me. Office, as.saci, rn the,Course of last week, 199 eargnes, at priCietir/Yingfredileii."tot, 5Ss. per dial dron arthel Pooti44tdittted to housdteepers at feasn 5Ss. to 655.. LAW INTELLIGENCE. COURT OF KING's BENCII, , JUNE ;I. THE KING V. GOVERNOR PICTON. This was a prosecution against the Defendant, General Thomas Piety'', late Governor of the Island of Trinidad, which surrendered to the British arms ; and the complaint against the Defendant was, that he had caused a young woman of the age of I`2 years, of the nam, of Louisa Calderon, to be tortured. She was th.: concubine of Don Pedro Roez, and lived with him in his house, and carried on an intrigue with a young man of the name of Carlos Gonzales, whom she, in the absence of her roaster, let into his house at night, and he stole fl l OOO half dollars, upon which this young woman was taken up as an accomplice ' • and in order to m a k e h er confess what she knew of the transaction, she was put to the torture, by order of Governor Picton, for which he was tried before, and found Guilty, but obtained a new trial, on the ground that by subsequent discovery from books it was the law of gain to apply torture to certain persons charged with crimes, &c. Mr. HARRISON opened the pleadings, Mr. Gannow opened the case on behalf of the prosecution, stated shortly the facts, and contended that torture was not in use by the old law of Spain at the time Trinidad surrendered to the British arms, Until General Picton introduced it ; or that if it was by the old law of Spain, yet that a British Governor, representing the King of Great Britain, could not inflict it ; and therefore he contended that the De fendant ought to be found guilty. Louisa Calderon was then examined. She proved that she had lived as a concubine with Pedro Roez, who was robbed to the amount of 2000 half dollars ; that Carlos Gonzales was suspected to have commit ted that robbery ; that she was committed to prison, charged with being an accomplice in that robbery, examined, but her answer not satisfying the Alcaide ( the Judge), he applied to General Picton, Governor of the island, to have the torture inflicted on her, the ordinary Judge not having power to inflict it; upon which Governor Picton signed an order, " Apply the torture to Louisa Calderon." On the 23d De cember -1801, the torture was inflicted on her that evening between seven and eight o'clock. She then described the manner in which the torture had been inflicted, which was done by what is called " picket ting," and which consists in one arm being suspended up to the roof, while one foot on the opposite side stands upon a bit of wood, six feet high, and about one inch in diameter. First by the left, and then by .he right hand and foot. She said, that after she had remained in that position fifty-two minutes, she was taken down. The same thing was repeated early the next morning, but after she had been upon the picket twenty-two minutes she fainted and was taken down, after suffering great bodily pain, and confessed nothing. Here she exhibited the marks still remaining on her wrists, although the torture was inflicted near seven years ago ; she came up to the Jury-box, the better to make that exhibition. Raphael Chaudos, an Alguaiil, confirmed her evi dence, he having seen the punishment inflicted on her the last time, which was fori the morning of the '24th. Mr. DALLAS said it was unnecessary to call more witnesses to prove the facts, for he should not dispute the existence of that which he came into Court to justify. This being the case on the part of the prosecution, Mr. DALLAS, on the part Of the Defendant, Gene ral Picton, contended that he not only had a right but was bound by the law of Old Spain, in force at Trini dad, being one of its dependencies, to inflict this tor ture when it was demanded of him by the Alcaide, who could not inflict it himself, but who was the pro per officer to demand the infliction of it. That this was the law, Mr. DALLAS said, he should place be yond all doubt, by the evidence taken under the • au thority of the two Mandamuses which had been issued out of this Court, and returned here. He then pro. ceeded to read a vast variety of Extracts from the different law books of the Spanish laws, and of un questionable authority, and by which it appeared that torture was part of the lawof Spain. But,secondly, Mr. Dallas contended farther, that if this was not the law, if torture did not, as he contended it did, make part of the law of Spain, in force in the island of Trinidad, one of its dependencies, that General Picton was not only clothed with the authority of Governor, but stood a_/so in the character of a Judge, and possessed an ap pellant jurisdiction, which formerly 'belonged to the Royal Audience of Caraccas, which was in him as Governor, in consequence of that island being de tached from Spain, and surrendered to the British Crown. That by the established rules of the law of England, if a Judge committed an error of judgment in his judicial capacity, he was not accountable either by civil action or criminal proceeding. To supportt, these two propositions he produced a great mass of. evidence under the returns of the two Mandamuses, and extracts from law books of indisputable authority. Mr. GARROW contended in reply, as he had done in the opening, that no person living in Trinidad re collected torture being inflicted as a part of punish ment. There was no instrument with which to inflict it, until General Picton ordered it to be done. Se condly, that if the Jury should be of opinion, that be fore the cession of the island, and up to its surrender to the British arms, torture was a part of the law of the land ; yet, from the moment it became a British! settlement, torture could not be inflicted by the King of England himself, and of course could not be by any of his officers, for the King could not give to one c f his officers a power which he did not possess himself. Lord Eettasoltotren, in summing up the case to the Jury, took occasion to advert to what his Lord ship considered as an erroneous Opinion, delivered by Chief Justice De Grey, in the case of Fabricas and Mostyn. Supposing, however; - this dictum to he cor rect, the order for the application of torture must be made by a person who, as a Judge, was competent to inflict the punishment ; and, for this purpose it was necessary that the Defendant should spew that he was! invested with that authority. This, by his Majesty's , instructions, did not appear to be the case, for the Court of Appellant Jurisdiction had that authority only ; in which situation his Lordship was of opinion, the eteadant could not be considered to stand. The Chief Justice concluded by recommending, that the Juiy should find a special verdict upon these two points s lit. Whether the Spanish law, as applicable to the colonies, authorised the infliction of torture in this particular case ; 2dly. Whether any malice ex isted in the mind of the Defendant exclusive of what the law would intend from the infliction of the tortun. After having withdrawn about half au hour, the Jury returned a verd!ct, finding that the law did au tholiv torture, bat that the Defendant was not influ enced by malice iu its application. JUN It 9. 1 .. INORICE, EXECUTRIX, V. ALDERSON AND ANDTDtat. _ _ _ Mr. GARROW, for the Plaintiff, opened thin case, by stating it to be an action of trover, brought hy . the Plaintiff, residing in Gains-ford-stre.ct, as executrix of the late Mrs. Perrott, against the Dereticlan4; who are pewterers is: Great Marlboroughstx . ezt, to recover • possession of some property sent to their house,*.undae the following circumstances :—Mra. Perrott "had, shortly previous to her death, disposed of herThouse Percy -street, and intended to reside for a few month. at Grantham. Not wishing to di spo.r of all hen fur niture and household goods, or to take them with her to Grantham, she desired her servant, Lewen, to ap ply to Defendants, and endeavour to procure apart ingits there for her, to which she intruded to remove her things, until she chose either to send for theta to Grantham, or to return to town and occupy the apartments they were then in, or to remove to some other better suited to her convenience. Mrs. Leven, in consequence of this direction, engaged the. lexlg, ings, and the different articles, the subject of this ac tion, were accordingly removed in a c ar a v a n o f t h e Defendants' to their house. Mrs. Perrott, ately upon the removal, went to Grantham, and, in a few days after her arrival at that pla,:e, died, and application vrzs since made by th Plaintiff to have these goods, Etc. restored to her, as Mrs. P.'s execu trix. some articles of little or no value were returned her, but the bulk of the property they declined t., de liver up, alledging, that the late Mrs. P. had t o ld them, they might do what they pleased with than, and particularly four hampers, containing ten dozen of wines and spirits, which they alledged Mrs. P. said they might drink, and that when she came to town, she would drink theirs in return. The first witness culled on the part of the Plaintiff, was Thomas King, a footman of the late Mrs. P. now in the service of the Plaintiff, who provcd, that the Defendant's caravan was employed occasionally, for several days in removing goods and various arti cles of housekeeping and household stores to the De fendants' house ; among many other things three large chests of linen and wearing apparel ; and that he delivered personally to Mr. George Alderson, one of the Defendants, a blue box locked and corded, con taining various silver articles ; that after Mrs. P.'s de cease, he applied, by the desire of the Plaintiff, to have these things dertycmd ny, but the Defendants refused to part with them. •- . • • Mrs. Lewen was then called, wtioproved the taking of the apartments, and corroborated the last witness as to the removal of the furnititire4 and she also proved the delivery of a box of diiinionds and a box of laces to Mrs. Alderson; and that Mrs. P. told her pot to deliver them to any perzon but tdri, 'Alderson, as they were worth more than £lOOO. •' Mr. Goddard, jeweller, stated, that Mrs. Perrott sent for him, about two months before she sold her house in Percy -street; and begged him to take charge o f lor diamonds and jewellery, which he declined, on account of their value ; that a few days before she left town for Grantham, she told him she had sent her diamonds to her lodgings in Marlborough -street; that when she returned from Grantham, they would have a rummage together amongst her diamonds to find one to replace one she had lost from a pair of ear rings, and that he should have the whole of them to examine, repair, and reset. Upon being asked as to the quantity he saw, and their value, he replied, he observed a diamond han deau, and ear-rings amongst a varieig of others Which her servant brought into the parlour in a pocket-hand kerchief; the ear-rings he examined more closely; and supposed they alone might be worth ;MA Mr. Waddilove then proved Mrs. Perrotes refusal to part with her wine to the tenant who succeeded her, saying she should keep it for her own use. Lord EI,LENBOROUOII••••rthiIess one could suppose this Lady was about to retire to a Nunnery, or seclude herself from the world, it could not be imagined she would throw away her property thus, The Defendants did not call any witnesses in sup port of their claim, and the Plaintiff took a nominal verdict of £lOOO. as security for the different artir Iles being delivered up on oath, and it was referred to Mr. Lowten to ascertain them. Sittings, appointed in Middlesex and London, be fore the Right Honourable EDWARD, Lord ELLY 110ROUGlis Lord Chief Justice, &c. in and after Tri nity TWA, 1808 : . .1114DDLESZI. LONDON. Friday -- 'lane 24 • Wednesday, June 22 Monday ! 27 Wednesday . - 29 Monday July 4 Tuesday July 5 . • AFTER TERM. . r Thursday I T ' Friday -.. • - S c , Nzwroy BARTON, Esq. Fellow of- New college, and late Seeretaryto the Right Hony Viico)i,ist Shc k mom', was unfortunately drowses's!** Erik,' sen night, while bathing at Worthing. '.. - .^ , , Monday morning morning Mr. STAI:Nrov, .it leathertmer chant, from London, who has travelled to Southamp ton and in the Isle of Wight, for many years, was found dead in his bed, at the Nag's-Head in the High-street of Southampton : Verdict--..4ia by thi rimatim of Gox,. CORN EXCHAXGK, MARS-LA' E, JUNE 13.—The fresh arrivals of Wheat to-day make a Vt4l'.arnple supply. and the general sa42s are at a reancnon in price of about 4s. per quarter since last Itik t r ' Barley in plenty, and cheaper—Malt likeivise ea; dal and Beans, of the two kinds, are lower—'there'are large supplies of Oat., and this trAde is also quoted cheaper, and sales of Fleur at less prices. 31[NritAL CIIIMINCT AS UNDtft: Wiest 565. 66'. 78s. Beans (old) 645. 70s. 04. Fine ditto, 80s. 843. Tick dn.() h old) 60s. 65 5 . et Rye, 465. 50s. Oats, 41:5. 445. 465. Bi: ley, 413. 475. 9d. Poland e.tto, 47,. 48s. CI Malt 64,. 743. Poratoe dit u 90s. 49s 6d. White Peal{ (boi)ers), 1201.1355. Rape Seed, 36:. to 19L Crcy ditto, CBs. 811. Fire Flour 643. 683..-Seconds 551. 60a. FROM THE LONT'ON GA;ETTE, MAT 28. Avefige Price of CORN In England aid Nr.des, train the returns ending the 4th Junk, 1808. • Wheat. 1 Rye. 1 Barley. I Oats. I Beans] Peas. s. d. s. d. *. d. s. d. e. J. s. 4. 76 9 52 6 48 10 26 4 49 'l, G o p The tyerAgr Price of SUGAR, computed from thr realms pude in the w..ek ending June 8, is 40*. 80. pee -hundred vielgise„ . e