The National Register. — London, England, 1818-07-13 00:00:00

EAST INDIES. MAMAS. FIRRU‘RY 14. The following extracts from the Calcutta Mirror of the 23th ult. contain the latest intelligence from the army in the field . * Letters froth head tmarters the lith January, convey the afire. able news that Sir Wm. G. Keir has bitten in with Chectoo's Du.rah; and cut them up in peva style. Cheetoo hiniseli made his escape wah about a do 'en ftillower , , and throw hintulf into a small village n..ar lova& It is said that Captan CauMehl. who is with illw want now Bow, ..was going to surround the village and seise the -Cnicts. " Major Gereml Brown, according to tlic same letters, surprised some of the refractory Chiefs of Holkar's anny, and a rabble of fel lows at ltaturcora, and cut them up. ltoshun Beg lost three of his •liagers in the fray; but contrived to make his escape. Time hun dred of his folioswrs were sabred, and a number of camels and horses taken. The sutpritc was complete, and so astonished were sitc fellows, ,that they did no: contrive to wound a single man of ours. It only r.quains now that ire get hold oldie perfidious Peishwa. The power of thc l'induriesseems almost annindated by one short and brilliant tampa;gn : and the subjugation of the Suites protected them .promisot every security against their future dept . . • •tions. " kt rs mid a good deal of boo:y falls to the army under Gen. Sir W. Keit." " Camp, near (ocher, Jan. 15. "We he all regarded Imming down the l'indaries as a very 'bopeldrs task. but we have iti • heard that Sir W:n. Keir has com pletely routed and dispersed portion of them under Cheetoo. I cannot tell you where, and must confess myself extremely deficient in a knowled.;e of the distribution of our troops ; but in thi:: re, pect I am not much worse otr than my neighbours here. 1 can pc ,,_ cure no information front them. diet:too himself hu hardy ex taped, helms only about a dozen followers annual him, and is within a few cuss it' our troops. All their baggage is taken, and some way. this ineludes no less than :to Lies of rupees. We si re d a ro y a l salute two days ago, on the ratificatioa of the treaty with I lolkar. General Watson is now in command of this division ; his own iirrigade is broke up, and ineorp.rrated with the others. The :Kith •repiment, one of his battalion, are still encamped considerably to •our loft, but are almost quite *ell. the 7111. the other battalion. is alongside of our brigade, which tarots thekft of the line. It was dy *emery, not the eldera, that appealed among them, and is attri buted to forced marches, bad water, ill cnulted victuals, and want warm dothini;." MA MIAS, Feet. 21. The following details respecting the operatio n s of our armies are given in the Otlealbs *• thy letters from Camp, since our last, confirm the account of the total destruction of the only unbroken durrah of Pindaric% under Cheerio, who at the date of the latest accounts was skulking with only nine attendants, in the neighbourhood of dowliud 4 and as Cap. tain Caulfield had set off in pursuit, sonic hope was entertained that his person would be secured. The remains of the durralis under Wussul Nlahuihed and Khurrcem, Khan have .aho after several in. offectusil attempts to escape, been neatly annihilated by the divisions under General Marshall and Colonel Adams; and the rebellious part of Ilolkar's army have in all likelihood been diverged before this time, as Colonel Adams had been ordered to march to Itampoor and Attack Rodinsi troopi, who were ircitpying a strong position in the neighbourhood of that place. This Chief's force is said to • msi.t of seven battalions, sonic thousand horses, and sixteen guns; it is expected they will make great re.istance. The only Mahiratta force that remains unbroken, is that. Ameer Khiui s Sirdars, who, like those of the Nui,mote Ukiah, do not appear disposed to abide by the arrangements mule by their Chief; but as Sir David Ocliterlony is said to have mardsei l . to attack them, we may every slay look tiir accounts of their defeat and submission ; and with these we may almost consider the canmeign on this aide of India as at an end." " Camp, near Occhar, Jan. 18. " An ()direr and party of' ours left the camp this morning. as an escort to an otiker, said to be lirineing in the Treaty with Ilolkar, who is to subsidize 3,n00 of our troops. which, it is reported, are to b.: furnished by Bengal, and die number alibi own is very consider ably limited. His whole revenue is not to exceed t; hies of rupees. No further accounts of the reishwa or Na ;spore INA. I have seen various private letters regarding tire attack in the latter, all of which epresent it to have been a lutist delimit. business on our part. A General Order was . publislail yesterday, thanking Col. Matmorine, and the traps under his command, for their gallant behaviourat Nagpore, or rather Serinaghur. General Brown, by the bye, has also been killing and slaying. He had heard that a body of :UHF itittas, Mattes people, were seeking wet, in some village in his way. S:vtral roads led front it. Ile ptisted . on each of these scatty of the 3d cavOry, and made a dash himself with another party at Cie village, and succeeded in cutting off the poat devils." Colonel Adam's ('amp, Jan. 17. ss On the 13th, Colonel Adams received intelligence that Kliur reClll l Mari wag within seven cows of the camp, and had at least I,oeu Alen with hint; upon whieh the Colonel del/itched Major Clarke. with the sth cavalry, at eleven o'clock at night, and he very piaaay c a m e upon thi in Icy surprise at day break of course he rut op almost the whele of them. It turned out, that instead of i,ntn nuance wo e I "aim and nit of this number the Major gave a g oo d iscemiot of nearly i,tson. The rest fled in all directions, and Colonel Adams has sent out sonic Itohillalis to intercept them. Among the eltin was Namilar Khan, who was considered the very lite of the *arty. General Brown his come upon llosinui Beg (who was in rebellion against I bilker) at Baurpoor, and taken 11 guns, besides doing emsalcrable damage to the rest of Isis force. We iiear also that Sir William Keir, with the Itinnhay r.nuy, has Wien in with Cheetoo, and completely annihilated his durrah. not however without static resistance. Cheetoo escaped, and is now wandering about these parts with only nine followers." We are sorry to observe, that the cholera mortal , leis broken out At Nlidnapore. wl.ete it has proved fatal to time or livepersons EXTRACT Or • LETTER FROM AN gIFFICEk IN MR THOMAS HISLO ARMY. " ('amp, Nlallitlpaor. lb:ember ?4. " Mr nraa Cot.oxr.i..—My lag letter to you was wiirten at Nandeir, 41.10Ut .he Middle nt I Ic!tiber. &nil I prt 111 l i4ctl to write again when 1 alto:till have any tbiti:.; inlet etitig to t e ll y ou . I ( lid not think at taut time I should have it in toy power to give you art ae- count of a regular battle with llolkar's army ; very deeimce one, howev..r.waitintglit upon this ground on thc '2l at instant. Youwill, no:.loaM. hear orate event before this t eaches you ; but I may as well give you a few particulars. whli•li I know vint will consider inter esting. We h..anl rt Ougem that loikit! ..B Ntrn^g . .Y po.ted het.'. with a great many guns and infantry. W e mad e a march of eight stiles , whirl' brought na within Ili miles girdle when a Vakeel, after a good deal of rot respondence, was sent to ait c ti t. Great obierittnis, however. were ulTereil to all the mule. mtder the instruction. (tithe Gotyrnor-General; a:al it Yrs. , alottys abet..v.l by Inc lihal. Cult though she wi•hol Gtr p...toe aim toe ii,r 4 41.1., teatte of her chit fa and troops, who were in a rauumm , state. had resolve,' upon kitting. tlia flays of Insides. ue;.!olioans 1.4 in.. w • id.• another short march on the t'a't s ‘ - .1 , 1 at ten ...el ask i t the morning or the .21st iipu_ we were in *Astor en :riv a poiit:on. sktrnsibliing took place about thu time /P.: 'VV.% ne of nor fight infoory, and a few scattered vain .if 91, '. her ; aid mane still continued to believe ' 0 ": :re nn o4 1 t1" As ap tm wlt• d nearer. however. a 0" 10 -0141 d ttrm us from theen-my's lint...whirls was On Cte OM . 1 14 Attt !• a .die Siltpot t h river. and a dis,iositian was lilt. Steatur .., y to ' era in twit front. The whole of the tire Are." een - oa •A maw list Iv directed to the foed ; hot the troops paved It" ler 'o.ef •ui piety. of It i ott artillery wit:' little alga lacing to.: ibeare of the t,ht/V.I,Wly well di.e.et.al THE NATIONAL REGISTER indeed, it is impossible that any puns cool I have been batter served toan those of the enemy ; and the number of men thut were kinoe..' and wounded in taking them affords the most convincing proof that their Golundauze did their duty with a rowai:ee-s.about ;60 men basing been killed and wounded, and most of the enemy's artillery wa! killed at their guns. The battle began. about half past ti o'clock. The guns were taken and the infantry dispersed, in the courso of about two hours and a half, and the whole of their anny was driven oft' the field by 4 o'clock, or a little after. When the !barge had contiiund ti,r about twa miler and a half, the enemy opened more guns upon us ; but these having been taken in flank by some of mit horse-artillery, were soon abandoned and there are now about GI guns in our park. the fruits or the victory ; a few more are said to have been thrown into the Aver, but have net vet been found. thud the enemy's cavalry and infantry behaved like their artillery, the labours of the day would not have been finished so soon, nor, perhaps, so completely as has been the eases but the former (the ‘ cavalry) did nothing, and the infantry deserted the artillery at the won cen t of need. LAIVINTELLIGEXCE. COUR C OF KING'S BENCH, TuEsmt v. JuLir S. ICICS V. 6014 DON . A qui tam action, nosokr mat. 7 Geo. IL, to recover ape. naky of 4001.: the statute provides, that any person making a contract for the sale of stock in the public funds, a ho, at the time of making the contract, shall not be possessed or en titled to the stock, either in his own right or as trustee, shall forfeit the sum of 5001., half to the King, and half to the person instituting the snit. Mr. Gurney stated, that the defendant land formerly done hominess upon the Stock Exchange as a jobber, and upon one occasion, early in the ,ear 1817, he made contracts for the purchase of stock at a tame day, to floe amount of neat ly 40,00 W.: these were wind acre usually known by the name of time bargains, and one of them was with a Mr. Joseph Lightfoot, a geonlentait alto dealt in put blie aecuritics,mod always haviug the stork to to ansfer at the time appointed. To him, the defendant, Mr. Gordon., had agreed to sell 5,0001. consols; and the bargain having been entered into on the 20th Jaanary, it was to be eompleted on the next settling day, floe 27th February. On the 2Golt February ' however, a Gentleman made his appearance on floe Stock Exchange, who, on the pail of the defendant, Wrenn' the individuals who load bought stock of him, 34. in she pound, which was accepted by some. Mr. Lightfoot, however, would not ar. cede to this sto rangerneut, aoti when next he saw 7ir. (fordo'', some time sirens artk, he ta poked him to fettli his contract, by trenskrring the stork from his name to that of Mr. Light foot. Gordon, however, dee lamed that he had not the stock, and he refoosed to pay the difference in the price between the 2901 January and the 21th February, setting Mr. Lightfoot at defiance, by alleging that the bitr4ain was originally illegal, as he had un stuck at the time it was made. Uader these cir cumstances, the defendant could not have much right to com plain that he was sued for the penalty on his illegal bargain ; and although a former plaintiff (a ho was the brother of Mr. Lightfoot) had been defeated, in eonsegnenee of Mr. Light foot's conscientious admission, on his examination, that he employed the attorney, and was responsible for costs, the pre sent plaintiff, a total stranger to the parties, would too doubt be able to orcore., for Mr. Lightfootscarcely knew that the present action had been brought, and must assuredly had oohing to tin with tht Costs. Mr. Joseph Lightfoot was then plat into the box, and he ing interrogated by Mr. Topping, tot the defendant, on the roir dire, he denied most absolutely that he had any thing to do with this action —he had not spoken to the attorney about it; and knew nothing of it, until he was served w ith a sa hprena, enclosing a g • he found a very comfortable thing. He denied that he Weld to revels.. ails part of the penalty.-- Ileing examined in chief, he 1110WV.I tile bargain, as mated by Mr. Gamey ; he had entered it its a nook 5.0au1. 3 percent. Consols, at 63 for the settling tiny, which was ou the 27th of February, 1817. At the time ae made the purchase flow the defendant, the witness had money at his bankers. Martin, Stone, and Co., and stork far beyond the amount of the Isar gain. He was ready to complete the purchase on the 27th of February, but the tit limdant slid not make his appear sure, and the witness bought 3,0001. Consols of some other person, at a loss of 2121. 10s. %I lieu he neat saw the de. fendant about eight days afterwards, the witness required him to transfer Ilse stock, which he refused to do, alleging that he had none, and that the bargain was illegal. 'l•he witness then said, " You are a very pretty gentleman, Mr. Curio., 4 will you pay me she &tiro es,ci ? - I.lasing that he had made the bargain with him at (13, awl had 114".11 essuspelled to boy on the 271 h of Feltrimi v at 611. 't•he slefesitiam, how• ever, would do neither the one nor she other. haling the wit ness that he might bib% Isis action if he thought tit.—Cross exan o i ttttt t Mr. Lightfoot said, that he was 110 gambler in the stocks, and was well known by the Ildllll. Of Joe Lightfoot. He slid not know also had heard lire has gaia, perhaps sc. venal. plaintiffs auto my now ars the same a, in the tanner action. but who the I.l4i:ili' was he 110 not k He had had sollle 111..111110 „ills the deft inlaut before this tran.acliuu; tie had haaglit 2,03;i1. lied. Aim., Nod he might have survived or paid him some slitlei mice% The :online day was the 27th ill' Febi Italy ; but when the bargain ma. nrsile. die date w 3. 110 i nu•n:liuurd, only tlse• settling day. Ali. Hrudrtsun t•atuc 1.. the Stut•k Lt,..liassge issi the 2(itle of Fe binary for the defettslasit, and made a proposal of an di lailite 1111'111, Mr. JAIIICN I T ellll. librarian at thy 3 per Cent. Con‘ol3 Rank (II Englattoi, prayed that the tiefentlant had no >tor/. during the *110:e of Ike year Ist/ . .„... PL. (i. Cr.i‘t 1., fr the tboi•lh 'ma !muse of Nl:Win, Slone, And Co. 114.110‘1•11. VIA MI lilt 2;01 of February, hill, Mr. Ligliireer had 2,9661. in 'Wed' hawk. ouserved, that Mat sum was not equal to 5,0001. CUL1,14.. 31r. Jurtice Abbott admitted it, adding, that the defendant would not b.• le. , balite even if it were MIMOO 11141 the ihtt• gain 141.1 been oteszal cm the pint of Lightfoot. ;qr. •fniipitic then !II hatittril tihit the evidence did not site. laiii any ut the count, in the tleclArmiton ; the contract was eel 11111 111 all Of as to he co.lipleteli 06 the 27th of Fe broas , it OpipeAred that it was to be completed on the flay. e I 11,11.11 that it was well known at the time that tiie retiiiag day 44.1. on the 27111 of rebut/sty. and he caite,l h4l.h. I.;giatotit, %%Ito confirmed the statement; it k not ," by 16,11..41%1.m the 29t11 oljallllBl, that settling war the Yllh ul I rin cars forhitt tog. . ly, who war on the moue able as Mr. Toppitis, cited tilt' tel4t• of Payne c. Hayes, (Bull. N. P., 1451, in *Well it. 144.1 been held Ittat though the =ldol August, and the open. mg. t‘ we• emirerithle term*, us the contract declared upon the tiltitit .11111 tisi.t proved was the latter, it was a 141111 eon Vi 1. 1 ,1, the illaisititl egoist be ntrierritited. In this ease the cuutt4et ought IC brut berm set out itsts for the settling JULY r 3. day, and it ought to have hewn followed by au awe' mew, that that settling day vans the v7tle Feb. Mr. Justice Abbott eunretleel that the anthoritv was ha point, hat he overruled it as not law ; the cage was one of those that respelled the South yea bubble, and the Courts had admitted almost any objection Yoe the sake of a► oiding the Contracts. 511. 'Popping then took :mother objection, that the present action bad been !brought too soon ; it had been commenced on thy very day %%lien the plaintlif in the former silit hail been nonsuited, and befhte judgment of non.nit bad been obtain. ed ; consequently the pi eiient plaintiff bast ho /mist stanch breath:, , ivagmneh as the other party was not out of Court. Mr. Chitty further enforced this objertion, drawing a ii tinction between qui tam and ether actions; but Air. Joisiire Abbott over-ruled it williont lie,itaiiun, on the ground that, if it were of any avail, it ought to have been pleaded in abatement. • Nit-. Topping admitted that he had no defence upon the meritv, and after a few words from the Learned Judge, 114 jury found a verdict hie the plaintiff, 3AI. WEDNESDAY. TAPP V. CURTIS. - - An inane directed by the Vire Chancellor, in 'wrier to agree tail) the validity ut an assignment, dated the 24th ut' October, 1816, and which, it was alleged on the part of the dedendant, had beck given by Chao les Tapp to his brother Thomas Tapp, Chad.. Tapp bad been in partnership with a prison of tha Willie of Cl . 4l%Vtluer as roachnial ens until they failed, and' Ire came bankrupts iu January, 1816. l'he assign))) lit was eta carriage 41)41h:traces, which had been jobbed by a gentleman of the name of Cowell, at 901. per a 111111 l n for five )ears, and it was made without notice to him. Time Jury f i a sere dirt for the defendant. The minor circumstances were alto gether uninteresting and unimportant. THUR'DAV. GEORGE AND WILLIAM RANDALL V. GAVINTLET CLARE S AND THOMAS CRAY, An action for nioney lent (with various other counts for money paid) mailer the followiug cirenisistauces : Gauntlet Clarke, tow of the defendants, previ tttt s to 1813 carried on business air* a Mr. Whitehead as Black a ell-11411 factors : that pannership w.s dissolved at Otte end of thiit year, and Clarke etattiimed to trade in Ida wile name, anti apparently upon his oast aeration, until the summer of 1514, alien he .topped payment. In the mean tisne„bawevet, viz. on the 10th of September, ISIS, he entered ion) seeset ar m tides et pal tneraliip with & r. Thomas Gray (the other de fendant), a gesitleman residing at Cheltenham It was sti pulated that the name of Gauntlet Clarke only should ap pear in the firm ; that each patty was to bring in a capital of 10,0001., and that Gray at the end of a year. if he saw teasue, should be allowed to retire, under certain conditions ; salad - ke the partnership anent continue for II years, unless one of the pat niers gave pis months' make fa Wl' • g, and made the other a conspensatimi of 2,0001. Berme the dissolutio& of the partnership between Clarke anti 14 hitehead, Clarke had been a considerable dealer in acme ttttt odatien bills, and he continued the practice after that dissiitution, and after the signature of the new articles between 1 • sets and Gray. He was in the habit of raising money in flits way among the merchants and tradesmen with whom he did busitiess, anti among others with M. lo and Stucker, diapers, to the ex tent of g,OOOl. per mouth. From the ptainuffs lie fomented assistance also by two bills, both flaked the Sth of Mare'. 1814; the one for 3001. and the other for 478 t. as. 6.1. This transaction, it will be see a by a compariun of dales, was subsetpit sit to his pal tnership with Gray, who- before the failure of Clarke had get an assigument of all the panne,. ship property, and who had of course taken it pelt Intuits-It the payment of all the pas Inc. ship debts. The a hule question in this (*Wise was, whither the hills in questiiiii mere to be considered a partnership debt, or whether Clash& had ob. tallied the acceatances of the plaintiit tacitly lor pus oau private use and aceommodation. Mr. Seashell conducted the ease on the past of the plain tiffs, stating the genet el principle of law, that a sleeplog partner like Gray must be liable ter all I•ll:4ageiiii•iiiin of pis lUodjutorsu li Ade, pi us idvd Ihoseraea,rwtul , ae tr for tile purposes of the business In Whit II they sere mutually cot:emu-4a The plaintiffs had lent their acceptances to the defend:nit Clisike, who conducted the aft iii of hinisell and Gray, and had paid theta when due. Clarke hail ailed, but Gray was still a wan 4.1 tat ge property, and was bound to repay to the plaintiffs the iminey they still . 0111 of pocket, 1.,e the aecimistiodatiim lit the firm to is hit It lir beleitged. 311.. "tuners 1 . 4)) she plaintiff-. Mr. Slut ken and Me. jdllllelit, %%VIC tie II called, 1.010 proved by Clarke, I lie fore and atter his Imam-, that the bills its question and nthei,. arse obtained fur the purposes of the trade, and that Sties had been applied to the parhncrs h sp no- Tin thin lit these a ilt.tsseA said, Clatke told him that the properly assigned by Itim to Catty exceedt 411 al,uool anti beat the I 011ett is was pettedly 'invent at die snit t,t the dissolutlim. li. Min r) :u, for taw defendants, said that this rause was one of we i.tuupt itatputittut s, 141 4%11. Gray, who bad initudy lost the 10,011jl. nuts whir!* hi: entered into parinciship mitt, Clatke : and lust been betiost called upon to pay many heavy dennainls. Ile intistrel that the hills bettiVt: Ilse (.44111 hi.d nothing , to du watts Ilse partsiceship ilreG lily, excepting 111 Ins way-1 Ilan Choke. hems: fusitol to find 11 Cllllll6l Of 10,0004 had iesartt•d no lin., mode of ratting motley ; and it was Ili setileil principle of law, that for bombs - 4 d capital fur the putpost , of tomolcurlug tristir with anollicr permit:, Bi:it Ulher pt rsito ws• no; linble ; it was a pm ate acid inditioleal deist, WI 411 tllllell Mc. Cita,. had nothing to t :::. In with, Usti hr u,nl nett r bruitglit :Is his stipulated capital, hot bstil phi it oft trout nine to time, *llll at length failed, after Mrs Gray bad advattreil, in lentil rash, the whole sum relintrt J by the at titles; the bills in qittAlien were 'go a here to be found in the joint :teeeinitN nor did they ever nuke the it appear- once al the bankers of the tints. Under these circumstances, he apprehended t ha t the jury would not fix Mr. Grav wilts the payment of mat• . e eie iI, front .he runtractiots of which he 11441 never rre••nved tire sfehtest benefit. Mr. Philiest. an attorney at Gloucester. swore to the great diffi culty Mr. Gray had tilways is bringing Mr. (lurk: to any thing like an amount: though urged -repeatedly. he had never brought one shilling into the concern. The witness. had astivhliced 7,140431. to Mr. Gray to meld,: lain to tnect the dem:outs upon lain utter the failure of Clarke. .11r. 'Thacker. who had limn one of Clarke's assisttnts in hosi , nesi. gale cri.leacJ to the bill transit:lions or Clarke. The latrine/ ship between Clarke al.ml Gray wss kept mere; from *niul. Clarke spent i:bout S,uuOl. npon a house in Ilampton-wiek 'lliere was co entry in tiny of the books of capitol broti e , , lit in either by Gray or Clarke. 'l'i)e with, s, did not knew of any dealings in goods bttweat Clarke and the imontitlk subsequent to the partnership with Gray. The witness admitted on cross-examination, that at the signature VI th 4 artic:..s the snick utight worth bat bow much at U wds