Star. — London, England, 1803-01-27 00:00:00

NJ/UTICA!. INTELLIGENCE. PLYMOUTH: JARUARY sg. Came in the fnow Sufannah, of Dar L outh,, Captain Arirms, froM St. John's, Newfoundland, hound to Dartmouth, laden With 6th and oil s the ihip Bellcina of Liverpool, from Virginia, bonnd to London, laden with tobacco and Raves : and the Eagle Excite cutter, from a cruise'. PORTSMOUTH, JANuAitir 26 ~ This day arrived the Elenor, How, trom Bout dean:, bound to London. Sailed hisMajefly's (ip Dos /GAL, of So guns, Sir RICHARD STRACHAN, with ifraled orders, fup pored for the Mediterranean ; and this evening the Nelfon, Havre packet, nortain mailer, with pat - - lingers for Havre•de-Grace. The Ktra-lirig, Captain Parom, b:ch brought new railed men fiorn the eallward, to join the DONSIGAL, has fent twenty-two of her crew to Haflar hofpital, ill of t fever, which they caught - Coln thew: _ A number of troops embark on board the five rollowing veifels, with USE Oa of the Garrifon Batallion for Gueenfey, viz.—Lord Howe, Swift, Nile, Raver, idd Thomas and Elizabeth.-- Sailed alt . () the Maria, Plates, for Waterford ; and Q2een (a collier). for Havre. Yellerday arrived the brig besot., Capt.Wysr, from Briftol bound to London, after a tedious and difagreeable pairage t on her pair* the (poke the brig Hunter, of Scarborough. front Liverpool to London, Start bearing N. 8 leagues, in great difirefs, both pumps giridg kept by het one Whole day nil evening. when thick and hilly weather coming on, loft fight of her. Remain the Tustss and Lana frigites ; alto the Mary, front the Bat bf Honduras ; Elenur. ilew, Crain Bourdeaux ; with the brig Menai., (above-mentioned); as alto ibs Ann, Basset, bound to the Eaft..;AVind N. E. aHRERNESS. JANUARY ' ,!;. rite gate of wind on Monday and Tnerday has done Much damage. The !hips In ordinary is this hirbotti, which lie two abreaft, in confequence of the heavy tea, tub againft each other very much. The main•maft from the unfortnnate flip His. jorese, has been walked on there here, and has been fecured by the Honourable Eaft India Corn. pany's Agent : a bale of fine flannel. fuppofed to come from the fame (hip, has been walked athore bore, and alfo fecured. Many articles are floating on the more. The fnow has been very confider. •ibk alllah night and this day, and she appearance of the weather, and amazing quantities of wild fowl, portend a (evert rearm. . The bfau.aan gun-brig went out of dock this day. Laa night the perfons who were watching the awe, to fee if any part of the HINDOITAP'S wreck domed there, heard the cries of perfons in diarefs, and &Covered a fmall Hoop (fuppoied a fosiggler) near the (pore. They rendered the poor &ridging crew all the Riddance in their power ; end above too kegs of gin were loon after,piked up on the med. foppefed to have come from the fail floors DIII97OIIDItOCIC-TARD, JAN. sy. DM's frigates Animates. of 44 ruts, Capt. T. Hamm mid the blitssays, of to guns, Capt. Janie& masher, ware to hare failed this day fot Lontteash, had the wind sad weather admitted of it s from the appearance of the weather it is now fappafed they will not he able to quit tlis tin the mums of the next fpring tides. on the 6th of Tehran. The indefatigable exertions of the two Carmine are highly ;waifs worthy, and eorrdpood with the zealous gallantry of the fisrmer daring the whole of the late war in the Weil Indies ; and of the meritorious exertions of the bitter in the Mediterranean. The Ramose iloop: of war. Captain C. Coors. sad the Awns. of 14 guns, Capt. STItACIIST, are likewife ready for failing, but delayed by want of men. Tile DILI6aaCR armed-(hip, Capt. CARR, Rill lies has to ►:ceive voliinteershom the rendezvous. The Pnaros, of 36 guns, is in Dock to repair, and will be fit for commilfioning in April wen. The Mtaus. of all guns, came into Dock to repair, but was found fo rotten. that the is order ed to be broke up. The FAIRY, of 16 guns, has been repaired, and will be Commifloned neat week. NEWCASTLE, JANUARY so. In the dreadful gale of 14 ft week, the brig Mary, M•GMaa. of and from Greenock, bound to Lon. don. with a cargo of Carron goods, was loft in Bolton Deeps. In reefing the topfail the malt went overboard, with five men on the yard, four of whom were 101 l : the other cannot tell how he got on board again, but thinks the fea had thrown hem on deck. The remainder of the crew took to the boat, but as the Captain was)umping in, his great coat caught hold of the rigging, and fell and a heavy (wept him inflantly away. The others, four in num►er, got to laud, but the TOW faun broke up. • .. _ • e •• • _ . AILDROAiIi JANUAIIif if. • • Yellerday and this day Come fails, fpars, 6cc. and fome calks of butter have come on More both to the eat and well of this town ; from whence it is apprehended Come veld has been wrecked upci;i the Bell Rock, Co fatal to flipping on this coat',. It is reported that two dead bodies have come on fhore to the wefward. A Mai& rigged vele!, quite unmanageable, is at anchor about three miles off, and as the tea runs very highs great apirehenfions are entertained for her fafety. WHITENAVEN. JANUARY is. The Ellwood, WI csor, of this port, which failed from hence, on Saturday the t sth init. was wreck ed the following day, near Ramfey, in the Ifle of Mann.—lt appeared to numbers of people on Ihore, (who were viewing her, with the laudable def ire 1 of rendering fuch affiflance, as might be in their power) that, by the violence of the gale, the vefltl had got embayed, contrary to the intention of the Captain ; or, that having purpofed to run for (hater, into the Bay, it was now found dangerous to attempt it, on account of the thong probability of being forced upon the fhore ;—and at a moment when the (urge was fo great, and the lea in fuch agitation, that it mull have been impoflible for the ablell coafter to determine how the rocky (bore might be avoided. The fpeCtators were confirmed in this opinion, when they law the veffel make repeated efforts to clear the northern point of Ramfey Bay; and were anxioufly looking for her effeEting it, when, on a fudden, the altered her pofition, and was feen ap proaching the fhore ; drifting before the gale, with her fails lode !—and evidently under no manage ment ! Their allonifhment at this was fcarcely lefs than their apprehenfions had been on her &It appear ance.—This was about one o'clock on Sunday af ternoon, the 16th ; and the fudden and extraordi. nary circumflance alluded to, was loon after ex plained by the following melancholy event : In the endeavour to make another tack, in ex. pc cation of weathering the Point, the rigging of the mainmall gave way ; and Capt. WiLsoir was initantly killed by the falling of the jib boom ! The mate and two apprentices were in the of taking up the body from the deck in order to lay it in the cabin, when a heavy fea (truck the (hip, and fwept into the foaming , ocean, the living and the dead!—The (mall remainder of the crew (four in nomher),nearly exhaulled with fatigue,benumb ed, and almoll perifhing with cold, were unable even to attempt their own prefervation—and in this fituation the vette! was feen tofred at random, by the impetuofity of the wave , , and the raging tem pefl, till fhe reached the fhore. The furvivors of the awful cataftrophe, already mentioned, were with difficulty got out of her, and every attention bellowed on them their deplorable condition re quired. FROM LLOYD); LIST. Deal., jaw. 16.--Sailed the Jamaica frigate to the Weft ward, and the Union, Pram. for Legkorn.--Wind E. blows hard. pith fnow. JAIL ad.—Pared by the Enterprize, from Rotterdanma-Sailed the Perfeeeranee, WlDiann, roe Bar- edam; William, M'Crea, for &Haft, and the Jaw . Fran ' aco, Spaiidannan, for Ollend . . ARRIVED. At Dartmouth, the Speedy, Difea, from BilbsiamtAt Brif tol, Nancy, Brown, from Virginia; Santa Rata —.-, from Billion ; and Mary, front Virgil:h.—At Liverpool, Hil ton, Ballot, from Liao ; Clyde, f rom Charlatan ; Hope, Dodoes, from Virginia; Hobfoe, Booth, and Fanny, Williams, (rain Lilbon..-At Southampton, James, Jones, fawn Oporta—At Milford. Grand Sackau, from New Bed. ford; and Diligence, Griffith, from Lilbon.-7-At Cork Swift, Adtms, from St. Michael's ; and Brothers, 'diary, from New foundkocL..At Boardoes, Antfterdam Packet, --, from Philadelphia—At Oporto, Telemachus, Hill; Harmony, W a nk ; an d &data., —, front London ; Mercury, Richards, Difpstch, Church ; General Prdeott, Braid ; Dove, and Ilizatteth, Denten, from Newfoundland...At St. Kitt's WWla.t Macon, Dixon, from London ; Hero, Smith, kw; London; and Ifabelk, King, from Clyde.-At Dominica, London, Ring, from Lcodon.—At Antigua, Hawke, Carter, from Looker ; Junes. Hairy, from Liverpool; Favoarite Riehardfon, from Dahlia ; Non, Grant, from Modeira ; Bal tic Merchant, Smith, and Cumberland, from Leaden. —At Barbados, Adis, Ilrhards, kern Lnissione--As ismai* ea. Nelbkt, Woad, Uarkated, Makin ; Mentor, Simplon ; Mottos Claw, Jowl; josh, Fryer : Naiad, Roberts ; and Boddington, Wright, horn Lads.; Ocean, Joey, from &if tol ; Lottery, Neste ; Los* Lawfos; and Little Jane, Boyle, from Africa...-At Doran, Thou*, Black, from Africa. ' By a Swediat Indiaman arrived at Batavia, we learn that the Curr n and Nerrual were both well, aid failed from Anjer Point for China, the 4th of September. Thelhxdande sad Elzabetb, Henderfon, from on far London, is put into Cassititen. The Providence, Lucy, nun Mad for Exeter, Is loft off Exmouth. Ile London Packet, Soahte. from Load= for Lyon, is on ban near Poole; Me anethervelrel, hipper/4 to be the Union. Mead. from Lose,. The Ceres, and the Flying FlGMiller, that were an Mare near WY Is p, an got off, with *do dames The Durables, 011tfon, from Dumfries for Lir srpool,whieh war raid cobs loft, is kit at Douglas. A brig with timber, from London for Liverpool, Is on more in Dundalk-bay. His hasicity's Odp Cayenne, Capt. Wachs, with troops from Trinidad to Dartsdoes, fell to leeward, andarrival at Tortola the aath oft. in want of provilion and water. The Britannia, Drown, of Liverpool, from Denowars, with too of the t itch Weft India Regiment on board. was wreebed. on the sjd ult. on Hog John Point, Antigua. AB the people I were hard, but the hip and part of the floras will be mealy ' loft. Yeflerday a Court of Direltors was held at the Ealt India Houle, when the following Commun. dens took leave previous to departing for their re. fpedive deßinations, viz. Capt. Grahamot the Windham. and Capt &naiads of the Walpole, km Madras; and Capt. Cndi. ei the Elplimitone, fee Bombay. Mr. jacasop took his feat in the Court. as did Mr. Alderman La ?Ampulla in the Committee of Correlpondence, in confequence of the vacancy occaGoned by the deceafe of Mr. Huarta.—Tlic Court adjourned. at fix o'clock, till Wednefday next. On Saturday the body of Mr. CLaus, the Ca det, who perifUd in the Heanosras ' was drawn out of the hold. by Come boatn-en of Whitttable. who were endeavouring to preferve what was poi*. fible froen the wreck ; the body and clothes of the unfortunate youtla were may cowered with ear. LAW INT4LLIGENCI. COURT OF KING% BLNCH, JAN. 26. CRIMINAL INTORMATIO•4. • Mr. Serj eant COCKELL moved for leave to in a iminal Information agaiink a Gentleman of the name of Liner, who relided at Searboroitgli, for his condna towards a Gentleman in the fame ti of the name of Woodal, a perfon of chara:hr, and a Solicitor. Both patties were ( h ued to be very ref - pebble perfons, and the difference :mire be lweeti them upon the mode is which Mr. Li::er was to pay for an clime which he had purchafed, and which Mr. Woodal had fold to him as a ti uf tee, &c. Mr. Lifter having offered to pay in notes, payable at diffzrent country Bankers, and Mr. Woodal requiring Bank of England notes, or Mr. Lifter's own notes, payable immediately, to fare , 1 the trouble of prefenting them at the different bank ing bottles in the parts of the country where the notes offered by Mr. Liner were made payable; on which Mr. Liner conceived his honour doubt• ed, and warm language took place, and lomething like a challenge. The title deeds were not deliver ed up as expeacd by the purchafer. The matter was then dropt between the parties. until Mr. Woodal wrote to Mr. Liner, Hating, dun he e s . petted an apology horn Mr. Lifter 14 his mifecta dui% and laying, if it was tan made, he lhould introduce Mr. Liner to the Court of King's Bench. To which Mr. Liner returned for ant • :r, that he was anonifficd at the prop:tin% and that he thought Mr. Woodal would, on ieflebion, be anonilheof at it himfelf ; and infilling that the apology ought to have come from the perfon who demanded it, &e. : that if be, Mr. Liner had done any Ping mils, be would be ready to make an apology f'r it, but in filled on it that be ought not to be the firn, lees Mr. Jun ice LawitENCC, who was the only Judge m Court when the &ft part of the cafe was Rated, having communicated it to his Lordni:p and the other Judges, obferved to the Learned Serjeant, that he had elated the care to my Lord and the other Judges, and they agreed with him in think ing that Mr. Serjeant CocalLL's client renewei the difpute himfelf, by his WI letter, *and that, but for loch renewal, the whole matter wool I have been at reff, and therefore this motion timid not be granted. Lard Tins is enteting eon tinuances on an old expired affront."—Mmon re. SPO')NER AND OTHERSV. HARPER AND OTHERS. Mr GARR .IW moved for a Rule to (hew Cattle why there Iliould not be a new trial in this cafe. It was tried brfore his Lordlhip at the lan fittings at Guildhall, and there was a verdin for the Pl..ia tiffs. It would be anuceefrary to trouble his Lord (hip for the report nt the tr ial, for Mr. GARROW laid, he could not find any fault with it ; certain ly it was agreeable to the evidence as giverstsrfore the Jury ; but the motion was made on the atllia vit of a perfou of the name of Collier, on account of whole abfence the verdiet went for the Plaintiffs; but if he had been prefent, it mull inevitably have been for the Defendants. The fhort fiatement of the cafe was this: The Plaintiffs were Bankers at Birmingham ; Collier was a bellows-maker there. He became indebted to the hotife of the Plaintiffs, they being holders of feveral Bills of his, which, from his ernbarraffed circumflances, he was not able to honour, and being afraid of being arrefled, he took every meal's in his power to conceal him felf from his creditors, and therefore the Win dams could not fubpcena him, In that they could Pot have the benefit of his tellimony at the trial not only did he conceal himfclf, but he canted it to be given out, that he was gone to France, and that the time of his return was uncertain." The party who wanted to fubpcena him, went through every cnurfe of artifice that they could think of, to get at him ; difguifed themfelves in various cha railer:, and made feveral pretences, with a view of feeing him, but all to nn purpofe ; and for want of the evidence of this perfon, they 101 l their ver did. He was aware the Court would alk, " why did not you apply to put the trial off on the ab• fence of this wituefs r"rhe reafon was, that they aaually defpaired of being able to find him, after having made fo many applications, for that pur pole, in vain.—llia wife had told them, " that be had nut been at home for fix weeks, and that the did not know what was become ofhim." Mr. ERSItIlla laid, he was confident that the Court, if they found it poflible, according to any rule, would be glad to interfere in a cafe lake this; for it was one in s..ticla the Defendant was made liable to all the debts of a partnerlhip which had been long diffolved before this demand eailled, stnd the only queflion was, whether the Plaintiffs knew that fat or not ? This witnefi would have proved that fad completely, fo that then, the verdid would have been for the Defendant, and this was the hardthip of the cafe; for the vcralitt would have been the other way, if this witnefs had glue a his evidence. Mr. Gisas.—" So that they have beard all our cafe at Nifi Prins, and found out. lance, what would have been an anfwer m it—they come for ward now with an aafwerto what they have heard." Mr. Gaattow faid, that one of the partners in 1 1 the houfe of the Defendants, had. after a diffolu- I tion of the partnerthip, fecretly kept an account with the houfe of the Plaintiffs. and if this witnefs had been examined, there would nut lime !wen any doubt of it—ln that. really, the verdict WAS contrary to the real juflice of the cafc, as would appear, if a new trial was granted. Lord &lawsuit:soots anted, if the want of this witnef, wrie felt, before the trial of this cattle, or was it a difeovery made fubfequeat to the mai ? Or. did any thing appear in roam, that if the De Pendants had been poffefesi of this evidence, they would have had another fate ? Mr. GARIOM laid no ; but the dillinSion- of this cafe from all other cafes a as, that the as it nefs, Collier, isi r sonfequence of his embarraffment Midi the hou fe of the Plaintiff), who had bills of 'his which he could not pay, had concealed himfelf for weeks together, and then he put the defen dants of t h eir guard ; fo that they did net apply to put off the trial on a:count of his ablenee, be. cattle they dii not know wbere he was, and teary,- b„iieeed that he was loft. They had ;fter. wards 'fiitiiid him. This, he Cab t nitt e d t o t h e Court, as a cafe of extrenn hardffiip. .; The CHIEF Jusrics u!)ferved, th a t t h ere was no inipiize to the party at th e ti me o f th e trial, r tnr want cf the evidence of ih:s witnefs, f,r the, e was no application to pollpone the tri:l nil ..c -c mint of his ablence. which might lyre breit mowed. and on producing an affidavit of we faa, a-ti of An endeavour to find him, the Court would• have put or the trial; and there was not, even now, :In y 1'1T:4:Ilion of that kind ; the Court c.udd not grant a hew trial in this cale.—Rule refuled. RYAN v. RANIER. The CHIP, Jusyscs then asked Mr. Essittea and Mr. Glues, if they were aware of a cafe lately decided iu the Court of Common Pleas, analogous to that on %thief' this Court had•yefierday given judgment, that of Ryan and Reiner. The cafe to which he alluded, in the Common Pleas, was reported in s. Puller and Batnotiet. Idis Lordfhip laid, that before the rule was dawn up for charging di:: former rule, the Court wished to look into that cafe to fee the foundation on which the judgnient of the Court of Common Pleas - was budt, and to fee whether it was in point with rite present cafe, for it was datable, if porible, that the dccitions of the Courts &mild be uniform ; for which reafon the rule in die cafe of Ryan and Renier was furpended. TAR V. LUCAS. Mr. PARR moved for a Rule to (hew eaufe why proceedings in this oak Should not be Raid ; why the Attorney who had feed out the procefs fhould not pay the coils of this applicahn, and that the Attorney fhonid anfwer the matter contained in the affidavit, upon the ground slated, that the plaintiff never au:horifed the aCtion to be brought, the particulars of which we think not fair to (late until the feafon arrives for (hewing c.sufe.—Rulit granted. Lord Etttosoaotrom took this opportnnity to notice the improper pra‘lice of writing letters to a judge.sm the lubjea of Caufes pending, and (puke •liis follows • Great allowances may be made foe , perfons fending letters to me who are ignorant of the courfe of proceeding, but I can make no fuck allowance for Attornies ; I have now a letter front an Attorney, giving, by anticipation, a flatement of a cafe coming before the Court. I want it to b underttood now, that if any thing of this nature comes to me again, I Ilia take care to put it into a penal shape.' T In the centre of difeufflon upon an award, whe ther the Arbitrator bad not miflsken a point of Law which was referred to him, and on which oc c ifion the papers had, by order, been left with the Judges, Lord ELIAIIIIOROVGH filid•-•-" it was very much his with that when .a paper was left him, it might be marked for what purple, whether fur argument of a cafe, or for explanation id motion, or whatever elfe the purpofc was, °dirt wife he could not know how to apply the reading of them. INSTR. Mr. Gums, in this cafe, which was tried before Lord Ellenborough, at the Sittings atter Term: for Wedminfter, obtained a rule to (hew caufe why there lhohld not be a new trial. The queition in this cafe refpeeed the validity of a. will, conveying real property. In one part of the will there was an erafure of one of two devifees, and, in another part, there was an interlineatibn ; and the queftion was, what was the effeet of this on the will ? The Learned Counfel contended three points; IR, That, if a will, duly executed, gave a real elate to two devifees, A. and B. and the tettator afterwards ?truck out the nime of B. thefe two devifees being joint tenants, A. would fuc ceed to the whole; idly, With refpeet to an inter. lineation in fuch a will, if it was not actelled (which was the cafe in the prcfent intlante), he humbly Migraine& it had no effed whatever.—. And, in the third place, taking obliteration and interlineatios togmhisr, he fuhmated, they did not ,amount to a cancellation. This was the maarialile cafe,' in which the will of a Mr. Thomas Car wardine, of Glnuceticr, was I found by the Jury to have been di4 executed. nnr withilausding that one of the atteiling witnerfes (wore that Ilis name to the will was abytry; and anotheasitofefed that he had great doubts whe ther tie had Vied it or not, in k e payed to Goa to &we dim it W drown, And was then convincea be bad Gipped it. This cafe Sall be more fully Rated when caul& is &twit againti the rule. MM. yawn siTIOI. Mr. Ease s 'hewed can!. spina this rules for a prohibition, which had been obtained by bin Gibbs, in the court - , of the laft Term. A Get• domain wifhed t crest a monument to the memory cf his deceafed wife, in the church of Sall, in tho county of Norfolk ; and, for that purpofe, had . - obtained leave of all thr parillioners, and had alto obtained a licenct from the &flop of Nor. wich, when the Bettor came into Cou.• for a pru• hibition, laying the freehold of the church was is him. The Learned Counfel laid he did not difpnte that fad: but they were not going to interfere with his freehold, or, at all events, this applica• tion to;the Court was premature, till his freehold had been aelt ally touched. Mr. Ergrine cited Burn's Ecclefia.lical Law, Vol. I. p. 33y, and Strange v p. tooB. He contended .that the Ordi• nary hill a right to grant a faculty to ereft this monument, inannuch as it was a part of his office to fuperintend and contra:tithe ornaments of the church. Lord Ectsasottovou conceived this applica. Lion to the Court, on the part of the Rceor, was premature, becaufe, though the Bishop had grant. , ed his licence, am kiwat that it would eves be ufedi and, when the freehold was touched, the Mader might then come for this prohibition. Mr. Glass, in rapport of the role, Admitted that the Re or was interefted, in this nage of the proceedit.g, to p t the gcl.itting of the fa It appeared from the proceedjuthatt Lb st m' nary bad cit:d the Rea W. to' rr 1, - . .- - A