Star. — London, England, 1810-07-12 00:00:00

THE ARMY. Yesterday, Major General WitSTRAW reviewed the East Middlesex Militia, on South Sea Common, Portsmouth. They are a fine reiziment,-1300 strdtig, and went through their evolutions in a most correct manner. The fleet, under Sir RICHARD STRACHAN, is to call at Halifax, and take with them the 7th and Bth Regiments of Font, to the Cape, where they are to be joined by three regiments more, and proceed to their 1 destination, which is supposed to be the Mauritius. Mr. TROTTER, the Storekeeper General, arrived at Portsmouth a few days ago, and embarked for Guern. se y and Jersey, to inspect the state of the military stores in rho islands. Satur lay two troops of the 2d Dragoon Guards marched into N uthampton from Liverpool. Mond ,y a detachment of the 2d Light Dragoons was landed at Plymouth from on board the Camilla transport, from Lisbon, which place she left on the 2 0 d ult. The Camilla had also on board numbers of sick, wounded, and invalid soldiers from our army in Portugal. There were also landed, from other transports, 1433 French prisoners, the remainder of those taken in the enemy's men of war at Cadiz; a great many of them died on their passage, particu larly those on hoard the Hospital Transports, where mark 100 fell victims to a dreadful disease, brought cn by clo , e conanement on board the Hulks at Ca diz. There were also on hoard the transports a num ber of deserters from the French army. A large detachment for the 73d Highlanders are row nn the eve of sailing from Portsmouth for Botany 13a y, in the Indi ma store ship. The 2d battalion of the Bth (or King's Regiment) under the command of Major Rostutrow, is about to embark f r Halifar. The 7th Veteran Battalion, at present at Chatham barracks, will shortly embark on board transports now collecting in the River for Gibraltar. The Ist battalion of the 50th Regiment marched last week from Hastings to Silver Hill Barracks. Most of the recruiting parties from different regi ments have received orders to join their respective corps. Detachments of the West York are on their march for Illynv.uth. Moad,tv the Cumberland Militia marched from Hull IT Huntingdon. The CArri!)ridge are on theft route to replace the Cumberland. Thursday last the Officers of the Blackheath Local Militia gave a sumptuous dinner at the Bull, Shooter's Hin t ►„ his Royal Highness the Duke of CAMBRIDGE, and a I.trge part? of Noblemen and Gentlemen of Tueshy sennight the 4th, or Eastern Regiment of Royal Perthshire Local Militia was reviewed, on the :\torth Inch, by his Excellency Lord CATFIC4RT, the Commander-in-Chief of the Forces in Scotland. The corps made an appearance which did the highest credit to themselves and their officers. Lord CATHCARr, Commander-in-Chief, inspected the '2d battalion 79th regiment, in Dudhope Castle B.warics, yesterday se'nnight. His Lordship after waldi inspected the recruiting corps in Dundee, and then proceeded with his staff, to the North. The Commisinners of &e Navy have made a very general in , pection of all the branches of the Navy, connected with the Dock Yard at Portsmouth, and will tAre their departure from thence in the course of a few days. A frigate with 600,000 dollars on hoard, sailed besterday morning for Spain and Portugal, from Portsmouth. The Robert, from 'Baltimore, in 30 days, has arrived riff Cowes. A letter from a passenger states, that she sailed on the 10th June, and, in coming out of the Bay, on the llth, they spoke the John Adams frigate —so that no further doubt of her arrival can be en tertained. A most singular rumour prevailed in the City yes terday. It was said that the deposed King of Sweden, Cusravus, had acquiesced in his removal to Switzer land, in order to afford him the facility of comirg to England ; that he had succeeded in returning to the Baltic, and was now on board Sir JAMES SAV.• MAREZ'S fleet. GosTavus is said to have left his family in the care of the ELECTOR of 13RDM 111 S Queen's father, It is scarcely necessary to add, that the above reports arc not confirmed by the arrivals from Ihe Baltic this morning. A ship arrived yesterday from the French coast, ...yell she left four days ago. According to the ad vices brought by her, BowArmtre had enacted a law which inflicted the penalty of death against any subject of Franc e who should, after a certain period, visit LngLu (I. Th e prohibitory decree against the expor tation of grain has been extended from L'Orient to Bourdeaux. The above information ill accords with the recent information received from Mr. MACKENZIE, in France; that gentleman is said to have written to a relation, that his mission goes on smoothly, and that he was every where well received. The quantity of Strong Beer brewed by the first Twelve Houses in the London Porter Brewery from the sth July, 1809, to the sth July, 1810: Barclay, Perkins, and Co. - Meux, N cad, and Co. - Truman and lianbury - • - Felix, Calvert, and Co. •• '" Whitbread and Co. Hrttry - eieux and Co. - Combe anti Co. - Brown and Parry • Goodwin, in.; Co. Elliott and Co. - - 1 aylor - Clowes and Co. Barrels. 23.5,053 211,009 • 144,990 - 133,491 • 110,939 • 93,660 • 85,150 • 84,475 ▪ 74,223 • 57,251 • 44,510 • . 14;19 . . . sPoirrzNd IPITRLLIGENct NEWmARKtr JULY MZETTIO, 1810. WEDNISDAYt JULY li4 Fifty Pounds, for three-ye At-olds entrying Bst. 91b1; foor-year-old s , Bst. ; five leat-oldS, Bst. 81b. ; sit year-olds, Bst, 1211 s. ; arid aged, 9st. D. 1. D. of Graftnn'S eb. e. Juvenal, Syrs. . - I lA. StawelEs b. IL Invalid, Syria - - - 2 Gen. Grosvenor's br. g. by Aletander, dam by Sir Peter; 4yrs. S 1.4. Jersey's b. m. Lauretta, 6yrs. - - - 4 Dd. Snflield's b. e, by Ambrosio, 4yrs. - - 5 Five to one agst. Juvenal—Two to one agst. Invalid—Three to ore agst. Lauretta. The July Oatlands of 50gs. each, h. ft. for three, four, five, six-year -olds, and aged horses. Across the Flat. D. of Rutland's Easton, Sr's. 9st. . a • I lA. Jersey's Antonio, Syr.. 7st. Sib. . . 2 D. of Grafton's Juvenal, Syrs. 7st. - . - S lA. Grosvenor's Donna Clara, 3yrs. Tst. 61b. - 4 Four to one art. Easton—Five to one apt. Antonio—Three to one apt. Juvenal—LFive to four on Donua Clara. NAVAL INTELLIGENCE. PENZANCE, JULY R. A French schooner pr;vateer brought to one of our mackarel-boats on Saturday last, off this port, to .k from them some fish, and carried then, across Channel, near to the French coast; the Frenchmen then gave them a bottle of brandy, and sent them about their business. PLYMOUTH, JULY 10. Arrived the CONSTANT gun-brig, from Rochefort, with two chasse•marees (prizes) ; and PLOVER sloop, from Corunna. The INDEFATIGABLE frigate did not anchor here yesterday, but stood on for Portsmouth. The DEFIANCE, 74,, came up the harbour last night. Two of the three unfortunate young men, who were tried by Court-Martial for attempting to desert from Clis ship to the enemy, are to be executed on board her. The o.her one has been reprieved. PORTSNIOUTH, 101. Y 11. Arrrived the ARGO ft igate from the Downs Sailed his Majesty's Ship NYMPH, for Lisbon ; the BONNE CITOYENNE, with a convoy for Nova Scalia, &c. and SPRIGIITLY cutter, on a cruize. The RIFLE MAN gun-brig takes convoy to Guernsey, &c. and will sail .o-morrow. Arrived the Sally transport from the Downs, bound for Gibraltar ; and his Majesty's ship SLIGO from the Downs.—Wind S.E. DEAL, JULY 11. Sailed his Majesty's ship FLY, with several vessels under convoy for Portsmouth.—Wind E. YARMOUTH, JULY 11, This morning the Auckland packet, LYNNE, arrived here from Heligoland with mails and several passen gers. Also arrived the HAVOC, Lieutenant BttMBER, from the Northward. Sailed on a cruizc the BRITO. MART, Captain HUNT ; and the CHANTICLEER, Capt. SPRARS.--.-Wind S. W. FROM LLOYD'S LIST. GRAVZSZN a, JULY 11.—Arrived the Flora de la Mar, Di,Jeir, from Ilavannah ; and about sixteen sail of vessels of the Jamaica fleet, names mentioned before. Sailed the Fort William, Parson', fur India ; and the Squirrel, 'llowbrun, for Viaua. NEWCASTLE, JUI.Y 10. The Newland, HUNTER, arrived at Hnll, on Fri. day, from Quebec, from which place he sailed on the 19th May. Captain 1 - luNTFtt passed twenty sail of merchantmen, bound for Quebec, off the river Ma dam, from different parts of England ; amongst the fleet was one vessel which had been five weeks from Newcastle. On the 30th May spoke the Diana, F TER, off am! from Berwick, off Care Rae- June 96, spoke the Neptune, from South Shiel.." in long. S. 44. W. bound for Quebec, all well. ABERDEEN, JULY 7. The Primrose, HUMPIIRAY, of this place, is arrived at Dublin, after a passage of 2G days from the Bay of Fundy ; left loading the Alfred, Muttoncii, a l so o f th;s place, expected to sail in four or five days. The Harmony, ItAmt., arrived at Amelia Island on the Ist cf 111ty. D•IVfS'S STRAITS FIsIIERT. The Birnie, HoltNpr, is arrive) at Grimsby, a full ship, with eleven fish, from Davis' Straits, from which she bore away the 31st May, and brings the following account of the success of that Fishery : Aberdeen—Hercules, Gibbon, 6 or more fish 19th May, by report. Hull—Cato Wildon, well fished by appearance; Duncombe, ' Orton 9 fish ; Evenhorpe, Truman, 8, made off 25th May, in W. F.harbour ; Equestris, Young, 3, about the 26th, late up the country; Ingria, Webster, 6 or more by report; John,Marshall, 1, ditto; Leviathan, 'father, 9, made off 20th May, in W. F. harbour; Lynx, Wilder', 4 or more, late up; Mary and Eliza beth, Wake, 8 by signal; North Briton, Plaxton, 9by report ; Royal George, Foster, 8, spoke to; Symmetry, Clark, well fished, report mid appearance; Samuels, Briggs, 4.0 r more; Trafalgar, Rose, 6 or more, 19th May; Thornton, Crompton, 6; Vene rable, Keilah, 3, 15th May. London Aurora, Willcox, aor more, about the 16th May, by rcport ; Progress, Gordon, 3, 20th May. Newcastle—Lady Jean, Holmes, seen, success unknown; Mid dtdton, Lambert, 2, 13th May. Dundee—Advice, Adamson, 2 or more by report; Calypso, Christopher, not heard of; Horn, Vallentine, well fished by ap• pearance; Estridge, Christopher, ditto. Leith—Rattler, Stoddart , well fished by appearance ; Ral t h, Davidson, ditto • Royal ntim, Kelly, by report ; Success, Thompson, 10 d itto; Thomas and Ann, Newton, 11, 24th May; William and Ann, Davidson, 6, 12th May. ➢erwick—Norfolk, Stevenson, 10. We are sorry to learn that there is no foundation for the Report of the TRUE BRITON missing East In diaman having reached the Moluccas in safety, after meeting much adverse weather. We understand that no such intelligence has been received. A privateer boardeed a coasting vessel, and plun dered her near Montrose, on the 6th instant. The people stated to the master of the coaster that they had captured two Greenland ships. The Henry privateer, from from the Isle of France, carrying eight I'2-pounders, carronades, and four long six-pounders, with a complement of 160 men, was taken on the 28th January by the CLORINDB frigate. The privateer had only 70 men on board, the rest being absentia tour Flies which die had made 4,tring her cruize. EAST Kuril f BoiViIIIAY, PltßaUAttif t. I have just.teturned froth the Persian Gniph, after hunting Arabic pirates, under the denomination of Wahabees, which they acquired from the founder of their sect, being deserters from the Mahometan faith. We found them at Ras-el-kirnah, smoked them out, and took possession of their booty. This happened tin the 13th of November, 1809. Lieutenant-Colonel Smith commanded the military part, and Captain Wainwright the part of the expedition. The Wahabees are a brave people, but undisciplined; their weapons Are swords, spears, daggers, and match locks ; all carry shields, and some wear armour.— Ra-el-kimah is, or rather was, their capital, for we completely destroyed it ; the stile in latitude 25 deg. 40 min. N. and longitude 35 deg. 30 min. E. the ground a fiat Lindy peninsula, defended on the Isth mus by a wall, flanked with round and square towers; the sea-line defended by batteries of one gun each, at regular intervals between the point wall, comprising a space of about one mile and a quarter ; many trees within the wall, and huts built of their leaves, and bainboo supporters, forming a suburb to the town, of stone flat-roofed houses, and several castles, the one the residence of their Chief, and the other a protection for naval stores. ORDERS AFTER TUE TAKING OF RAS-gL-ICISfAII. liea<l•gua•ters of his Maj , •stl's ship La Chiffonne Ras•el-liimali, Nov. 14, 1 WM Lieutenant• Colonel Smith returns his sincere thanks to all the force fur their gallantry in the attack of Ras-el-Kimah ; the cool ness and discipline with which they debarked, shoulder-high in water, and charged the enemy in a heavy sand, was beautiful and truly soldier-like. The commanding Officer of the force is un- t able to particularise the merits of individuals ; all were actuated by the same ardour to punish the ferocious pirates, who had corn • matted such exemplary cruelties, and insulted the Bri Ish flag; but it is distinctly due to Captain Tucker alone, who had impor . tart duties imposed upon him out of his own line of service, to notice, with the most grateful acknowledgments, the exertions o that Officer in the command of the field-pieces and howitzers . which were served with the most masterly eff, ct. The C o in manding Of ico. requests, that the Officers in command of corp. and &tat-holm., will communicate to their men his entire satis faction frith their cordect of yeqertlay ; and they will not lose a moment in givira ti t;r strictest attention to the state of the arm and appointments, and to keep them in constant readiness for the future execution of our duty in this quarter. (Signed) H. 1.1" Rlt 1:N Major of Brigade. We h iv,. left Tucker with Colonel Smith, carrying on the , itr, if, our flank companies were only added to tho e ion to attack the principal post. Haynes ' is detachment returned from Penang (as far as %elk!, iand they served as mariners on blnrcl the Clina flt , et) a few days before us, which nac.u.lll) heighte.led the pleas , ,re of our recur,;. LAW INTALIIGENCE. COURT OF KING'S BENCI4, JULY IL to::) F. OSBORN v. COUNTESS NIENOEN. Mr. 'nom- sheaved cause against the rule obtained by Mr. Garrow in this case, for putting off the trial till the Sittings after ne::t Term. The application was founded on -an affidavit, stat hg the abence of four witnesses necessary to prove the defend mt's case, but their Lord:hips would be surprised to hear that these four witnesses %sere the Countess's two servants, and two carpenters, whom she had carried w'th her to Russia, since the present action had been br..,ht, no donbt with a view to the application now made. The action was for dilapida tions committed by the defendant on a house, which she ocetipi , A belonging to the plaintiff, and there could be no doubt the witnesses were taken out of the way on purpose. Mr. GAuttow stated his client to be a person of the highest respectability, who, intending to settle in thi-, country, had purchased a building of some celobrity at Thetford, in Norfolk, where s!;e purposed taking up her residence, but, in t!e first place, found a jour. ney to Russia necessary, that she might settle her at fairs ;n filt country. Lord Eririxsonovom could not conceive any satis factory reason for the defendant's transplanting two English carpenters to Russia. She surely did not expect that they should assist her in the settling of her affairs in that country.—Rule refits2d. TilF. KING D. WILSON, ESQ. Mr. HOLROVD applied for a Writ of Certiorari to remove into this Court, from the (Quarte•r Sessions for the County of Cumberland, the tri,il of an indictment which had been found against the defendant, who was a Magistrate of the County, and who was char ged with having extorted two guineas from a person who had been brought before him. 'Pais application was made on an affidavit, stating the importance of the case to the defendant, and his desire to have it tried by a Judge and by a Special Jury. The affidavit also bore dist there were points of law invoived in the case.—Writ granted. 1111.1.1% WAYLOI:. Mr. CLARK stated, that the order of the Court, made in this case yest.,rdity, had been complied with, :C2OOO having been 'mid to the lvEtiatiii for debt and interest, and £.509 to the Master, to cover the costs. The outlawry agaiilv. the Defendant was accordingly reversed. This was the last day of Trinity Term. • The mo tions were in general of no pubFc interest. Lord ELLEsßottoucti holds his first Sittings aftcr Term tomorrow, at Westminster. COURT OF COMMON PLEAS, JULY 10. TUACKRA ✓. BERNELL. This case stood for the judgment of the Court. It was an action to recover damages for breach of con tract, the defendant having failed to make good his agreement to purchase five dozens of goat skins. The skins were to have I.en paid for by bills at six months, and it appeared that the plaintiff had not drawn the bills, and taken other necessary proceedings to bind the contract—A nonsuit was entered. The arguments in support of a new trial were founded on a conversation between the plaintiff and delendaot, in which the later had requested the plain : . tiff to keep the goods in his warehouse, promising to pay Ow expence of keeping them. The Court were of opini•in that the nonsuit could Dot be disturbed. The other proceedings were not important. YOUNGER t'. REVETT. This was an action of tresp ►ss, to recover dams: ges from the defendant for an iajury sustained by he , . Piaititi#, in consequente of his having bath ousted o: his terns before the expiration of the demise. Mr. Serjeant Basr for the Plaintiff owed, that the defendant in this case was the son If the lessor, ssho had made a lease of the tenement in question to the plaintiff, for the term of ten years, on the provision ;expressed in a clause of the covenant, that if, upon the expiration of the demise, the lessor refused to en large the term, he should pay to the plaintiff one half of the money expended by him in the erection of buildings, or other improvements, during the conti nuance of the said term, or in lieu thereof the sum of 4200. That after six years of the term had expired, the pl Jima let the remainder of his term—less than that. remainder by ten days, to one Whalley, of whom the defendant held it. He would bring evidence to prove, that since the expiration of the defendant's term, and before the expiration of the plaintiff, during • the ten days plaintiff had made an entry, and had, after entry made, been ousted by the defend int.— The object of tle: defendant w.nild appear to be as it he had said, " I'll keep possession for the ten days after my term has expired, hecaase by that time your's will have expired also, and then you can claim damages only for the ten days ;" but the defendant would find himself mistaken, as his client would be entitled to be recompensed, not merely fn. the injury, but for the immediate coasequences of that injury ; and for such adequate compensation did he now bring the present action. Sir JAMES MANSFIELD did not see how the present action could be maintained. Mr. Serjeant SIIF.PIIERD said, thst the plaintiff must suffer a non-suit. The plaintiff was not in possession at the time when the trespass nas alledged to hate been committed, but to maintain an . action of tres pass, actual possession by entry on the Fain of the plaintiff was neeessary. Mr. Serjeant BEST submitted, that here would be wrong without a remedy, if his client could not main tain an action of trespass, for in this case he could bring no other action against the defendant. Sir JAMES MANSFIELD—Why not bring his action on the breach of the covenant ? Revett was one of the covenanters. Mr. Serjeant Bear—Revetti the father of the de fendant was, but not the defendant himself. He was not a party to the covenant. . Sir JANES MANNFIELD—That does not affect the breach of the covenant, or the covenant itself. Your client has nevertheless his remedy on the covenant, but he cannot spew in this case the defendant to be a trespasser. Mr. IttorAnnsox on the same side submitted, that the term of holding over after the expiration of the demist. was a trespasser. He cited in support of this, t!:e case of Levin, from Butrow. Mi. Serjeant CPI{ EltD said, that if the opposite parry wanted originally restitution of the term, as well as damages Gr the wrong, his remedy in that case lay by ejectment and not trespass, whereby no, thing but the mere damages could be recovered ; in this case there was no trespass. Mr. Serjeant BEST—And if no tre , .pass, how could an action of ejectment lie, which always supposes tress.: is ? _ _ Sll JAMES MANSFIRLD.-•The ejectment - , lppnces the pot , ,ession to be illegal, and it maintained, dvtermines it to be so. _ Mr. Seijeant SHEPHERD —The defendant, in an ac tion of trespass may try the title as if he set up in his defence that there was no ttesp.iss, because the right of entry was in him (the &fend:lnt), but it by no means followed that the plaintiff could, by such an action, try his right of entt y ; and as to the c•joctmelit. the very fiction of entry sheaved that that fict was necessary to such an action. Mr. Serjeant BEST admitted the fact of entry on the part of the lessee, to be essential in either action, and he would now call evidence to prove that fact. Benjamin Stroud proved, that lie and the plaintif had repaired to the workshop of the defendant, part of the premials, during the ten days, twice, and that the first time they were desired by the defend int to go and sitorpon t h e stairs if they pleased, for the re m tinder of the ten days, and amuse themselves ; and, that they thereupon retired—and on their second coming the defendant refused them further admit tance, and threatened to kick them out if they at tempted to enforce it ; another witness proved the co venant and agreement. Sir JAMES AIANNFIELD-...•" The matter set forth in - the declaration is not to be found in this covenant: here it appears that the covenanters bind themselves in the penalty of £2OO, if they cause or compel the plaintiff to quit before the expiration of the term. It don't appear that they have caused or compelled him so to quit." Mr. Serjeant 8E , rr......" We *ere not in a condi tion to have been so compelled, by reason of the de fendant's holding over ; but had we been in that con dition by having been in possession, then the cove nanters must have caused or compelled us to qui before the expiration of the term, and we would have had our remedy upon the breach of covenant. Sir JAMES MANSHELD—You have still your remedy if you can prove the breach of covenant. Let a ver dict be taken for the plaintiff subject to the judgment of the court, whether the action can be maintained. Verdict for the plaintiff subject to the decision of the Cow t. • DEREERT d. CnLLETT. This was an action to recover £37. 10s. for the maintenance Gt the defendant's child, from the 14th of August, 1805, till May, 11,09, at the rate of ss. per week. Mr. Serjeant SHEPHERD stated, that in this case the infant child of the defendant was not born in wed lock—such accidents did happen, but it would have no avail in barring the just claim of his client. He then called the plaintiff's Solicitor, who proved that the defendant had agreed to pay the debt so contrac ted, by instalments of 85 every six weeks, but that the first payment, on the 'ld Septeinba., was but 03, and the next, in about six months after, but six l °ands, wliln was due. Mr. Serjcant BEST, in Cross-examination—“ Pray, Sir, has not the defendant charged you with being t'ie father of this child ?'' This question, irem t!te grave and ellerly appearance of the witness, excitel considerable I u iginer. Wrr, s s—l never heard that he did, and I bel:tV3 he never did make such a charge. There being no defence, the se9 p tid were dada. fled from the demand. Verdiec for the plaintiff—Aft lt;e. A I