Star. — London, England, 1803-09-19 00:00:00

NAUTICAL INTELLIGENCE. Jaii6 MAILS THIS DAY.—WIND S. S.E. AIM. DVS. Att. DOZ. Dublin i z Hambargh • 6 Waterford FROM THE LONDON OA2F.TTE, SEPT. r 7, ADMIRALTY OFFICI, {CPT. 17. Copy of a letter from Rear Admiral Sir Jew,. TIIOSIAS Dade woarn, K. &Commander in Chief of his Majetty's hips and wards at Jamaica, to Sir Eve's Neriaw, Bar:. dated at Port Royal, the 14th of July. Sin.—Sire my lettas,with the various details et favice, by the %MON Ca AILOTTS packet, his Majcity's ihip COISSICRLA ND ar• rived from cruising of St. Domingo with the French frigate Creole, taken by the lquadrea under Captain BILTNTON, for the particu • lam of which tranfadioa I Quit refer the Lords Conuniffioners of the Admiralty to his letter, as alto to Captain Hansa N e's, for the capture of la Mignonne, mentioned in my letter of the 3d, fince when the fquadion has fent in the National brig l'Aiguille, of eight guns, cutter built, and very old ; alto the Vigilant brig, of a 8 guns, new, and a fine veffel ; there are likewife two feltooners, la Superieure and le PoiLfon Volant, both coppered, and very fine vet- Ws. l am, Ike. (Signed) . I. T. DUCIWORT n. His Majelty's 114 Cumberland, between Jean Rebel • and Cape Nichola Mole, June 30. . Sir-7Havlag parted with the Convoy, as I had the honour arming you in my letter of yefterday, I &etched in with the fquadron, during the night, for St. Domingo; Coon after daylight a large Ltitwas ken near the Fortugas fleeting down Cape Nichol& Mole, and from the cut of fails I judged her to bee French lap of War; the Omni ataxamith the VANOSVAID. veva floe dote sp tolter, the latter us the starboard fide, and the former on the tar• board bow; intl4 paid= the received a few mot from the VAII. mom, and, ismingSsoi one, &ruck to his Majelty's fquadron , and was immediately taken poffelloo of. She proved to he the Creek, a remarkably fine National French frigate of forty-tour rani:airy-Mg eighteen iseatoders, and commanded by Citlzea La BiII4VAILD, from Cape Francois bound to Port aft Pdnee, at tea one day,havingOeneral Mom. g. (the fecund in tommand at St. Do ssing) and /LA with 330 troops on board, the crew of the frigate mafifting Only of iso men, teeo of whom were badly westided,-- While we were .caking poffehon of the prise, a /mall National fehooner, commanded by a Unseen-Y*4 ease Into the fquadron, pod was taken She came front Cape Fraormis, and bound to Pert au Prince, having onboard too bloodhounds from Cuba, in tended to accompaay the army letting mann the Blacks. I have the Rem to be, Ste. (Signed) a. w. TTTTT ON. COLIAN, off Cap; Nkhala Mole, June sL Sir .In coefe4uence of your permiffion to chafe, I flood In there to cut off the two laps fan this morning, and was format; camel to carry up the braze to the Iteruntolt, which had got be calmed chafe under Cape Sc. Nicholas; the hauled her colours down Wit morning a few (hot, and proved to be k Mignonne, a tepsariable fat failing map corvette, of fleteen long eighteen pounders (fix mt which he had landed), commanded by IVlonficur J. P. Barecaud, Capitaine de ' , mate, two days front its Cayes boned to the Cape in her way to France. She has only eighty kien..-1 have the honour to be, &c. (Signed) C eat SIAN'. Commodore BAYNTON. P. S. Laft night a full fchoona was °braved Itanding into the Mk*, which Knotting ftipicions, I fent a boat manned and armed, and found her to be a Frenchman, from St. Jag de Cuba Posen-Ptinee, with a cargo of kw, ;ad three thoofand four hundred and kventy-fu dollars in as has three guns and flue lakels nctoinited. limnset et a letter from Rear-Admiral Sir Jona Titania s Duca weave, IC. B. ammander in Chief of his Mageity's hips and mak at Jamaica, to Sri EVAN NOUN, Bari dated the ayth Y. akel• Bissau., of the Racoon loop, gallant* went Site the Port of Loogane, and, after an salon of forty feinnies with the *diet Naiielial brig Lodi, brought ha Mt The peticulan of which the Lords Commileners of the Admiralty will ham from that Oicerb itatenamt,traabdued herewith. RAcno &the daft Endo, Jamaica, !WI July.lBo3. Simi beg leave to acqtailot yea, that at leaf paff eleven es Men': day morning the Ink haft. while working todsvan the lland of duaniba end St. Demingo,l olefeived d French Naked brig lying at anchor is Leogute Roads, Mad I immediately bore up for her. On approaching I found them preparing to rood* us with twinge as thdr alba, Ate. At a quarter before three (P. M.) I socking-- ea with fprinp *(tOa thirty yards of him, and immediately awn• nmend an edam, whiel was continued do beck lilts for thirty minutes, when as eat her tibia and began t 6 make off. I in fhantly cut and followed her; and, after vixen ten minutes deere of well &reeled fire, we fo completely unrigged her that the *reek her colours, and caned out dbl.) had formatted. We were obliged to anchor again immediately to prevent, driving on tome. She proves to be k Lodi, pierced for twenty guns, bat had cady tee mounted, commanded by ht. PISIIIII ISAAC 'Faunae. Caplialne j de Fregate. Ole fads and rigging are a good deal cut, bat I am happy to fay I had not a mea tried; nod the only perfon wounded Is Mr. Taoseas Gat, Malta's Mate, whole ha arm um aniod of bye tot ; a very worthy pramifing young =Natasha faired as time in the Navy, and will, if he furkives, do credit to your patronage. The kb of the enemy is one killed and thirteen or fourteel wounded, by their account..--The condo& of Mr•Jau a s A treatuot a GORDON, the Flrft Lieutenant, on this as well many other recent mations, has Goal highly exampiary and pale worthy; and I have much pleafure is informing yob, that the *bole of the Mars and hip's company behaved folk to my fair rattan. (Signed) AUSTIN SISSCLL. P. S. Enclofed is a Lift of 'Ads taken and deltroyed by his Majelty's loop under my command Once the itk of July. July 6th. A rammer at anchor la a bay near Cape Refs ; fook, • July yth. Schooner k lime, of embalms, carrying troops and provifione from Port an Prime to Jetaide ; takes. Sloop retail des Colonies, of twosome; WO. July soh. A &loaner run on Sore, mad auk in Barradler lay. July nth. Le Lodi Nakao! Rig, Caputo P. J.Tavnaa. (Sisal) AI SISSNLL. Copy et • letter hem tam the Hemsorable C farina- Ft. a am no.Capitala eflak Ma}eity's lap the dov ninon to Sir Evan Naffelon.ant, dated at Sea. the lath of Anat. Sira-4 have the honour to tranfoit you. for the infomtadoo Of I my Leeds Cemmllleners of the Adaeiraky, a espy of a letter lave had tbeheeseur of writing to Admiral Coanwatte son else capture et la Chilleaettc French primmer by kis adeptly's Sip nada my mermemi. (Signed) ca.tLaMlwO. His Majelty's alp lioramannes *al 3th have its Moser to loam you, that his liradty's Sip ander my amenaml 101 l night captured the Preach remoter la Calumet, et fauetwra pas and eighty mem las hes him ad dam film Dembent, rd but captured a keig hasn't's. m Jerky. from Sum Cruz boned to Hanawrgh, which has bees lam re• raptured by his blegelly's hip INISTSIION She fails remarkably I.lt, has hem chafed by fevers! frigates, and once by this alp,— I When the Calmat( was lb* dikovered, at was le the at of tr as Englik brig, bin "deed ber on our approach. I have 0.. hewer to be, litc. (Meal) e. &tumults. I PLYMOOTH, SEPT. t 6. By a veffel Which arrived here lag night, acid which left Jerre) , on Wednefday morning laft, we are informed that two large fhipsruppofed to be of soguns, with feveral fmaller (hips of war, and a fquadron of gun boats, the whole amounting to about fifty fail, paired that illand on Tuefday, (leering for the bay of Concak ; and that a heavy cannonade was dif• tinaly beard that night by the people of Jerfey, which began about Is o'clock, and continued till 4 in the morning, fuppofed to be in the neighbourhood of Granville. The refult was not known ►hen the ve te' left the ifland. SEPT. 17.—Came in the Spanifh brig St. Antonio de Padua, Captain PALL° MOUCHON, from the Ha vannah, bound to Malaga, laden With fugar and other goods, detained by the Thomas privateer, of Liverpool; DORIS, of 36 guns, Captain PEARSON, from Gibraltar, with difpatches for Government.— And the DIAMOND, of 38 guns, Captain ELPHIN STOW, from a cruize.—Sailed to join the Channel fleet, the Matioraua of 74 guns, Captain MANS.. FIELD j and the ALALANTI of 18 guns, on a cruize. PORTSMOUTH, SEPT. t 7. The enSERVS frigate, Rear Admiral Sir Jamas Saumsasz, Capt. &LSI', with the RENARD and CHaItWILL floopc, and two bombs, have failed from Guernfey, to take podeffion of the Wan& la Conchee, near St. Maio. The SULPHUR bomb, Captain MiLson, arrived this afterpoon from Sir J. Say MAIM'S fquadron, with advice: of his having bombarded the town of Gran ville, and dedroyed a number of gun-boats. Sir Jesus afterwards proceeded to attack the iflands above•mentioned. We fullained no lufs.—The French fchooner Chiffonette is arrived here, prize to the EGYITIINNI frigate, Hon. Capt. FLibtletc. DOVER, SEPT.'S. The Nancy, Capt. Mirintsvon, which fiilvd from hence with paffengers and prifoners about a fortnight fince for Morlaix, came in laR tide : they report that they were very civilly ufed by the French, but not permitted to land : the Frenchmen talk confidently of coming to England next month, as loon as the nights become dark. The French gun-boats men• tinned in my laf to have got into Calais, are Rill there, blocked up by two fioops of war, three gun brigs, and a cutter. The NANCY cutter, Captain Lavi tot sac, failed for Morlaix, with feveral paffen• gets and prifoners this morning with a fair wind. SEPTEMPER iL Sailed the FURY bomb•veWcl, to join the fqua dron off Calais; and Srssawsil. iloop, with a con voy to the weftward.—Arrived the Fox cutter, with difpatches from Sir Stow KY SMITH, off the Texel, and reaming. Wind N. N. W. YARMOUTH, SEPT. tit. Yet erday morning arrived here, the HsCLA bomb, with a fleet of merchantmen from Hull for Spithead, to join the Convoy for the Mediterranean ; alfo the Snits and Consrier gun brig,.-'-Sailed yellerday afternoon the Hact,a bomb, and Chips under her con voy for Spithead ; this day failed the Swipe gun brig, on a cruise I arrived a Greenlandman, fent in by the North Sea Reet.—Siiled a large fleet of colliers to the northward.—Remain in the Roads the GSLYZ. Ua to, flag-Ibip, Rear Admiral TmoamSOROUGn, the Courser gun brig, &DOM and HUNTelto revenue mattes, and* !loop of War, juft arrived. FROM LLOYD's LIST. Ottt•tar ND. Sere iS.--Peirzd by the Henrietta (a prize) trove China; Three Niters, Prougc ; —; Fraierkk add Dorothea, —; Priendibtp, Dirks; and JeTrow Catharine, from Rotterdam ; Conitantit, Waren. from Norway ; and Yosng Angus, •—•;—, horn 14srwich.—.gelied, the Forum, Craw- Li. for Haase; Elisabeth, Rcy. for Stettin ; San Mod'. —, for 111Dm; Eat, Botts: and Magma, Meatosw, far Gibraltar. DUBLIN, SEPT. 14. I nna eorrea an error in my letter of yellerday. Having been called out of Court before the Jury re turnea their verdia on the trial of *Dermot, I was mil - informed as to the due. The prilouer WAS 4c. quitted. There was no trial today. Emmet was brought up to plead to his indiament, width charges him with having been the head and main fpring of the rebellion (at lealt in this country). It Rates him to have been the author of the rcbcl proclamations ; of having colleCted the depot of arms in Dirty-lane—having ferved the pikes out to the Infurgents, and with heading them afterwards in Thomas-itreet. Indeed I fulpetted all along that he was the leader drelled in leaflet, with the cocked mi litary hat, and white feather. _ . The prifoner pleaded Not Guilty, and for trial put himfelf upon Goo and his country. On being asked if he was ready for trial, he replied not until Monday. Being ordered to withdraw, the gentlemen who at tended for the Petit Juries were dircharged, but their attendance at 9 o'clock on Monday was peremptotily required. After Mr. Emmet was removed. fentence of death was natill feelingly pronounced by Boron GIORGI, upon the following perfons : Walter Clare, John Hay. (ntherwife - Hayes) Thomas Donelly, Lau. Begley. Nicholas Tyrrell. and Michael Kelly. They lillened to their awful doom, filent but not un moved. Donnelly and Tyrrell are to be executed oo Sa• turday at Palmerflown. - - - • • Emmet will be tried on Monday neat, to which day the Court adjourned. This day has furnilhed no other news worth de tailing t we continue perfealy quiet in the capital, ead Ws fame tranquillity prevails in the interior. M &LE►TT OF 711 E B.IYIC OF ENCLAND. The Trial of Mr. Astrirr not having been Concluded on Satur day till long alter this Paper Went t• Pref., we were only able to give the fabila-ce of the early ar; o' it: we have therefore , as it is of great impa-lance, given the for.awind full and com plete account of the whole Proceeding:. OLD BAILEY, SA: URI)AY, SrPr. 17. Robert /Oen flood charged with an indiament, for that he, oa the 26th day of February, in the 43d year of his MAJESTY'S reign, was an officer and ter vant of the Governor and Company of the Bank of England, and, as filch, was entrultcd with certain effeCts of the laid Governor and Company, that is to fay, a certain paper, partly printed and partly written, commonly called an Exchequer Bill, as fol. lows, No. 835, goof. which was then and there of the value of goal. and which was then and there unpaid, and unfatisfied to the Paid Governor and Company, the holders thereof ; and another paper, partly printed and partly written, commonly called an Ex. chequer Bill, No. 6694, for toool. which paper was belonging to the Paid Governor and Company, and the money due to them as the holders thereof: and another like paper, commonly called an Exchequer Bill, for moot. and that he, being fuch officer and fervant, and fo entrufled as aforefaid, did, then and there, felonionfly fccrete, embezzle, and ran away with the laid effeets, fo belonging to the laid Gayer. nor and Company, of the value of zgool. againft the Itatute, &c. The fecond count Rated, that the Governor and Company of the Batik of England had advanced the lam of tool. on the credit of the &it paper, corn. monly called an Exchequer Bill, which remained unpaid to the laid Governor, &c. and the other bills were fet forth in like manner, and that the ptifoner, being fo entrufted as afortfaid, embezzled, fecretetl, and ran away with Inch papers, commonly called Exchequer Bills. The third count was like the fecund, with the dif ference only,of calling the bills certain effeds of the Governor and Company of the Bank of England, partly printed and partly written, commonly called Exchequer Bills. The indidment contained eighteen mints, vary ing the mode of charge, as already Rated, upon each of the bills which were fet forth, none Rating them to be Exchequer Bills, but papers partly ptinted and partly written, commonly called Exchequer Bills, and certain effeds belonging to the Governor and Company of the Bank of England. Upon this indiement the prifoner was arraigned, and he pleaded not guilty. The jury was called over, and a number of chal lenges were made on behalf of the prifoner, and a great number of perfons were fined for not appear ing as their names were called. After a number of peremptory objedions, the fol lowing Gentlemen were (worn of the Jury : Dadd Lane John Wrr ne Henry Cooper Winn* Williams Joreph Saunders Wine Burton norms Atkins John Deaphin George Duffin NVlsiam Buckridge George Gordon John Hoirfoo. Mr. Gtt. es, the junior Counfel for the profecution, opened the cafe. Mr. GARKOW then Rated it at confiderable length to the Jury. The Learned Gentleman took the ear heft poffible opportunity to pay a tribute of refpell to the charader and abilities of the unhappy Gentleman at the Bar. He Rated that Mr. Allett had advanced by regular gradations from the fituation of under Clerk to that of Cafhier to that refpatable and. ex. tenfive Company the Bank of England; and that, from the highly eflimable and irreproachable charac ter which he had borne for the term of as years, the utmok an Almon unbounded confidence was repofed in him. He had alto (hewed himfelf to be more par ticularly converfant with the bufinefs of the Bank, than almoft any other perfon employed in that con cern. He had, however, through an unfortunate de. religion of the principles upon which he had fo long aged, taken an opportunity, in confequence of that confidence which was repofed in him, to feerete and embezzle, in the language of the indiament, property to an immenfe amount belonging to that Company, by whom he had been fo long employed, and who had fo amply rewarded his exertions and fidelity.— He could prove that he had purloined property be longing to them to the amount of nearly zocoool. ; but he fhould confine himfelf to thole bills or papers Rated in the indilment as purporting to be Exche quer Bills for spool. He titan entered into a minute dcfcription of the different tranfaCtions of the Bank, and the manner in which their bitfinefs is concluded; and gave an account of the cireumftances which led to the fufpicion and apprehenfiou of Mr. Aflett, which will be more fatisfaCtorily explained by a per ufal of the evidence given again( that Gentleman. There was one point, however, to which he called the particular attention of the Court and Jury, and that was, that the Gentleman had been tried before, and acquitted of the charge of purloining Exchequer Bills :o an immenfe amount, as it was then proved to the fatisfaSion of the Learned Jukes on the Bench, for whom he entertained the higbeft refpea, that they were not alually filch as might in law be termed Exchequer Bills, in confequence of their not having been Signed as the al direds. The prefem indidments, however, Rated them as papers purport ing to be Exchequer Bills, which they evidently were on the face of them, and fubdividing the charge, by Rating them one time as fecnrities, and at another time as cilia' belonging to the Company. This he had no doubt that the Jury would be convinced of upon bearing them read; and it was an important duty which the Bank owed.to the Public, that they Should not fuller to great a delinquent to efcapc the juliice of the country in confequence of any want of exertion on their part. Mr. Eructs' rofe, and with great ability anted and fupported his former °Nations. He Paid, that he Should convince the Court that the trial of the prifoner Rill ought not to proceed farther, on account of the informality of the Exchequer Bills. He ac knowledged that the Counfel who had jug fat down had given a fair, able, and manly Statement of the cafe, and be agreed with him as to the neceffity and propriety of his prefenting himfelf before a Court of Criminal Jurifiliftion in a point of fuch enormous magnitude. It was a judgment which the public had a right to expel, but in his opinion he found himfelf in a fituation per fatly (miler to that in the former ;rig The unhappy gentleman, at the bar,appeand to to he arralgnad in the very fume manner as for valy, although the prefent indielment affiimtd. I dtfferent words, avowedly in order to charge him « ith the lame crime. He did not fay this to make it ap pear that he thought this trial was a vexatious one, nor did he attribute it to any want learning or difeethment in the Learned Conned vho had fpoken fo ably. That Costae! had ufed every argument in behalf of the Bank, who had no doubt become ferers to a very great amount. They appeared to -hare imagined, that if the laft IntlAment had been conceived - in another form, that a different jydgrnent would have been given ; but although he fhould yen cure to deny this, yet he fliould not pretend to Li that their procedure was not highly proper in eves,. reepeet. He intuted that there Siiis which had formerly been (fated Exchequer Mlle, were equally invalid and merely nominal, even as they were charred in the prefent indietment. He Paid, he had in hrs head an Aft of Parliament, by which they were declared not to have been Exchequer Wis. By that Ae, however,. Parliament in its jullicehaiing had the ufe of the mo ney, pronounced them valid to all civil pa rte" bar with the exprers provifo. a that, mil* contained ;ado , ilajboold extend or be confirmed to extend, to any profits:hot trefently pending relative to loch Bils." The generoatT and the jullice of Government could make no ahera. tion upon thefe bills, with rerpeft to payment lief% made upon them. From the moment thefe naushatu Excheper Bill: became no Exchequer Bill:, they conld not have been charged to Government. Not even the Executive Government itrelf could have offered to have paid them. They were, in he, nothing ; land it was PailiAment alone which could recreate or give validity, efficacy, or eziftence, to the infirm ments now before the Court. Parliament had pur. flied that cootie from that generofity, or rather jot; lice, which every good Government, (itch as that of Great Britain, ought to ohferve in its dealings with the public. That lame Parliament, however. had not contented itfelf with doing that bare all of jut: lice, but it had alto very humanely introduced the particular provilo to which he had alluded. and which he hoped would ex tinguiffi the whole argu ment in its With. Until the King had given his Royal Affent to that Act of his Parliament, the em bezzling or fecreting of there pieces of wee paper could not even be accounted a pees lanyny. If loch an Adt had not paired. then the Bank would have recovered by profecution that money which they had paid for the purchafe of fuch pieces of paper. The Prifoner Rood indifted on the Bank Ad, of the rsth year of his late Majeßy's reign. That AA was. parfed in favour of the Bank of - England, on account of its large and important concerns, but it was not thereby in contemplation to make embezzlement by any fervant of the Bank be viewed in any other lien than a larceny at common law. It wasnot the intention of Parliament to fay. that if any of their Lordthips' fervants thould rob them of plate and jewels to a great amount, fuch a theft &cold only be deemed a mifdemeano - r ; but if a fervant of the Bank lbotdd feeret or embezzle the mere Rump of a pen or is (beet of paper, he Mould thereby become fabjeet to a capital conviition. There pieces of paper were raid to be fecurities, but they were filch as no perfon could have come upon Government or the public for payment of. It was impoffille for their Lordihips to put fuch a bar& confirueion upon him. It was laid down as law, that in order to make the Reeling of goods felony, fuch goods ought to have Axe is tristfie swim in therefelves ; and fuch goods cannot be efleemed valuable, merely on account of their rela. tion to tome ether things. Suppofe that a meat were to embezzle a bundle of Bank notes which were can celled, he would ant, would that be reckoned a felony? He never heard of an inßance of an inefilltnent being made again? any man, merelyon account of the value of paper. Suppofmg any value to attach to Inch pa. per, it could only be termed a pity larceny. It was necefTary, therefore, for their Lordfisips to mane& value with there nominal Exchequer Bills. ere fuck a trial could proceed farther. The Prifoner had been detained by the Bank for a civil debt, becaufe it was their determination not to Infer any man to wisifper away their reputation, by laying that they fill Goa it. Boort in their money tranfietbosts. Mr. Serjeant Bier followed on the face fide. He alto adverted to the palling of the Ad of lag Salm to make the Exchequer Bilis then pared, valid, and from thence inferred that it was an bullied pm of the idea which the Legiflature entertained that they were otherwife of no value. He alto read a chafe is the Bank Ad with rerpee to articles fecreted or ens. bezzled by any officer or fervant of the Bank, which enumerated " Bullion, Money, or other fads? and contended that it was fuch an alkeiation of ideas as mull naturally lead any man to confider the Cam. pany in which thole words were found; the AMIN& certainly mean other effects essiderazinwris. If a per. fon was to pay for bate metal as gold, that payola* was not (efficient to conilitutx its valet. or make it be confsdered as gold ; be therefore coalidered that Ms client was entitled to an acquittal, assail's& 11 , 4111146 bad been taken, notwithftanding it might be alreelnl that the Bank had paid for them as tech. Mr. GaillaoW was riling to reply, when Mr. juftice Ls BLanc Aid. that if he bimfeif had entertained no doubt in regard to the point of law which had occurred in this cafe, be Ganda have deemed it perfeftly (efficient, were be and his bre thren upon the Bench, to Rate their opinion to tba Jury, but as it was a matter of great delicacy, be thought that it ought to be niaturelr conGdr.red, and deliberately determined. The queßten was, whether or not the general two, gfatr, could be applied to any thing but (itch as was of intriafic value, at the - time charged ? This point appeared to him to de pend entirely upon the col:km/ion of the AA at Parliament. On the whole. his Lordihip wise= nion, that it would be more coofitent with jultice, and the accommodation of both parties, to allow the trial to proceed, leaving that nice point of law to future and more deliberate difcuffion. Here the examination of the witneffirssionmmeed. by Mr. Gaaaow calling Mr. Robert Berl, Secretary to the Bask. This witnefs fisted, that Kr. Aden was elated a Chair to the Bank upon the isith of March. :778 1-- dot ha had known him ever &ace that time i—that as the 19th of December, 5793, Mr. Aflett Was an *Cleat to Mr. Abraham Newland, &e a = and that on the 57th day of January, Im o be was made Cafitier, and had cootiassad to a& is that ea r parity ever dice. Mr. Abraham' Newland (aid e that be was wall ON. (Tom arr.