The National Register. — London, England, 1822-05-06 00:00:00

SHIPWRECKS. LOBS OF THE ALBION. Extract of a letter front Garretstown, dated April 2 : A short time before four o'clock this morning 1 was informed that a ship was cast on the rocks, at the bottom of Mr. Rockford's dairy farina, to which place 1 imme diately repaired, and at about the centre of the two farms, found a vessel on the rocks, under a very high cliff. At this time, as it blew a hard gale, with a spring title and approaching high water, the sea rail mountains high; however, 1 descended with the men as far down the cliff as the dashing of the sea against it would permit us to go wnh safety, and there had the horrid spectacle of viewing five dead bodies stretched on the deck, and four other fellow-creatures distracted, calling out for assistance, without our being able to render them any, as inevitable death would attend any alleMpt at it. Among those in tins perilous situation was one unfortunate female, who, though impossible from the wind and roaring of the sea to be heard, yet, from her gestures and stretching out of her ham's, we saw her, distracted, call on us for assist ance. At this time the greater part of the vessel lay oh a rock, and part of the stern, where this poor woman Jay, projected over a narrow creek, that divided this nick from another. Here the sea rail over her with the greatest fury, and she kept a firm hold, which much astonished me she could do; but soon we perceived that the vessel was broke across, where she projected over the rock, and after many waves dashing against her, this part of the vessel rolled Into the waves, and we had the heart-rend. iug scene of seeing her perish. The three men lay to wards the stern of the vessel, one of whom stuck to a roast, which 'injected towards the cliff, to whom, alter many attempts, we succeeded in throwing a rope, and brought him safe ashore. Another we also saved ; but the constant dashing of the waves put an end to the sufferings of the others. This vessel proves to be the Melon, packet, Capt. ‘Villiants, of New York, which place she left on the Ist iustaut, for Liverpool, with a cargo of cotton, raw torpentme, rice, &c. and with about 28 passengers. Her crew consisted of 24; and of the whole, there have been only saved nine, making the follows amount to 43. Out of the passengers there have been saved but two. The bodies of live men and two women have been picked up. After doing every thing for these poor creatures, 1 exerted myself with Mr. Gibbons, in saving the private property of the poor sailors and passengers, and succeeded in saving some of their trunks. I have brought four of these poor creatures here. Mr. Gibbons has taken three, and two more re main at the dairy-men's houses, who could not remove front thence. Captain Williams is among the sufferers. —She is now completely gone to pieces ; and, 1 think, was as flue a vessel of her description as could be seen." [FURTHER PARTICULARS.] One of the passengers saved, is a gentleman of Boston, who trades with Liverpool, and it is said that he hail cm board a large sum of dollars. Three thousand pounds in gold in a box have been fished up from the wreck and conveyed to Garretstown. The Albion had lived out the tremendous gale of the entire day on Sunday, and Capt. ‘Villiains consoled his passengers at eight o'clock it) the evening with the hope of being able to reach Li verpool on the day but one .after; whicn cheering ex pectation induced almost all the passengers, and particu larly the females, to retire to rest. In sonic short time after, however, a violent squall came on, which in a mo ment carried away the masts, and there being no possi bility of disengaging them front the rigging, they so en cumbered the hull, that she became unmanageable, and drilled at the mercy of the waves, till the ligtit..house at the Old Head W3O discovered, the wreck still nearing it, when the Captain told the sad news to the passengers, that there was no longer any hope, and soon alter she struck. Front thence out, all was distress and confusion. —The vessel soon went to pieces. The mate is among those preserved, and that preservation is almost miracu lous. He was thrown on a cliff by a wave, and had succeeded in climbing to the top of it, when another took him off. lie was thrown back again, and was snore fortunate, but his appearance bespeaks the suffer ings he endured from the beating of his body against the rocks. He is dreadfully bruised. The body of the French lady has been found ; she was extremely beautiful. —lt is remarkable that she should have been perfectly naked when cast ashore; and that for the delicacy of a covering, her person was indebted to the humanity of a country boy, who supplied it with some of his own clothes. Jacob Mark, Esq. the American consul at this port, having repaired to the scene where the wreck took place, immediately on learning the melancholy ititelli pence, did every thing befitting his situation, and a Mall of humanity, under the circumstances. lie has provided coffins for the bodies, and caused them to be interred, with their respective names affixed, baring first had the smite to point them out, in order that if time families of any of them should wish hereafter to have the bodies 'e moted, they may be enabled to do so. Mr. Mark's con duct is in every respect most praiseworthy, and he has taken measures for the protection of every thing that has been washed ashore, as well as for securing any thing that may yet be saved. To add to the above unfortunate calamity, we have another serious loss to deplore iron' the caettions employed to sate some of the property.—A boat from Courtmastierry, with seven men, was lust on Wednesday morning last, in endeavouring to pretest e tome of the wreck. Most of these unfortunate men have, no doubt, left families after them; so that this wreck has given rise to snore misery than was at that cal culated upon, and has spread the distress proceeditig from the lots of this ee:sel on our shut r. The foilowi rig is a list of toe pa, , ,engers:—Mr. Ben son, of London ; Nelson Ross, of 'Doh near New Turk, and Mr. Covers, ivs ino her-in-law ; Col. A. J. Prevost; Major Gough, 68th regiment; Mr. and Mrs. Clark, Americans; Mrs. Carditer mid bull, about right years ado ; Miss Powell, datie,liter of the lion. W. U. Chief Justice ot Lipper Canada, Alf. Dwight of Boston; Mrs. Mary Pyc, New York; Rev. Mr. Hill, of Jamaica, comity home by way of the United States; Mr. Proctor, New York Slr. Devout, and five other THE NATIONAL REGISTER Frenchmen ; and Mr. Everhart Chester, of Pennsylvania. Steerage passengers—Mrs. Mary Brewster, Mr. Hint, M►. ftlorrison, and Stephen Chase. Nlajor Gough's watch and seals have been picked up, and a small gold watch was found in Col. Prevost': fob. The bills found are to art immense amount, on London, Paris, and difft rent parts of the Continents LOSS OF HIS MAJESTY . S SHIP CONFTANCH. Extract of a letter received at the New England coffee house, Ist May Vie regret to have to add to the calamities already recorded, occasioned by the oreadful gale of Saturday and Sunday nights, the loss of his Ma jesty's ship Coyiance, with all her crew, consisting of 13U men. The vessel sailed from Cove on Sunday morning, in company with the Gannet ; the former for the Galway station, the latter on a cruise in search of a smuttgler, which was said to be hovering on the coast. —Toe weather came on extremely hard, until it b:cw tremendous gale. The Gannet put into Kinsale, and the qfiance kept at sea. On Monday morning, before day break, shots were heard by the people residing near Mizeti (lead. on the south-west coast, which evidently proceeded from a ship in distress. When the day broke and that the people came down to the coast, there was nothing to be seen but the gilt figure of the vessel, which corresponds with that of the Conliance. Tne bodies of lour marines have been washed ashore, and also a box, in which was contained the conunission of the second Lieutenant (Alexander) of the alliance, winch cannot leave a doubt that it was that vessel which unfortunately was lost. An account of this calamitous event reached town at a late hour on Tuesday night, and such particu lars as wire known were transmitted to Admiral (.7°10114 at Cove. I'he CoViance was commanded by Captain Morgan, who was first Li.attcuant of the Endymion, when that vessel captured the American ship Pre.,idcnt, and was promoted for his gallantry. To the loss of this officer of the Coqfiance, we regret to add that of Lieut. Shepherd, who proceeded in her with the intention of joining the Brazen, which is stationed near Galway, and commanded by his father. Mr. Chetwynd, son of Sir John Chetsvyud, joined the very morning the Covreance LAD INTELLIGENCE. COURT OF KING'S BENCH. MONDAY, APRIL 29. PUBLICANS' LICENCES. TUC RING D. SIN N. CONANT AND OTIIERS. The Soiicrtur General moved in this prusecution for a new trial on behalf of Mr. Collins, one of the defendants only. The indictment war tried at Westminster. The defen dants, four in number, who are magistrates of the county of Middlesex, were charged jilt conspiracy, and cm ruply refusing to grant a licence to a licensed victualler named Meek, residing in St. John's-lane, Smithfield. 'l•he withholding of the licence was imputed to gross partiality, arising I'l ow the influence of the house of Meux, Reid, and Co., brewers. The second count charged the magis trates with refusing to grant the licence on account of favour and partiality to the said brewers. The Jury ne gatived the charge of conspiracy. They also, in giving their verdict, said there was no proof or partiality to any house. They found that the magistrates maliciously, and without reference to airy house, refused the licence. That was the nature of• the charge, and he had to submit, upon the evidence offered in support of the prosecution, that there was nothing to prove Mr. Collins was guilty either of corruption, partiality, or conspiracy. Judge Bayley.—The charge against them was, that they conspired to refuse a licence front cut rupt and par. tial purposes. The Solicitor General said, it was not pretended there was any ground to impute motives of partiality to Mr. Collins. Their lordships would recollect the question came before the court two years ago, when a crim inal information was moved. The object then was to prove motives of• partiality with reference to the house of Melte and Co., and the point was not proved. It appeared to hint that the Jury by their verdict had acquitted the de fendants of that past of the charge. The Lord Chief Justice.—" It wag opened by Counsel for the prosecution on the ground of a corrupt motive with respect to the house of Mena, Reid, and Co. 'Chat was the lecture of the cause. As far as 1 can recollect, the motive assigned was partiality to the house of kleue and Co. I told the Jury to consider whether that motive was made out. I was surprised to find the verdict as it was, and it seems to me the matter should come before the court again, and be further considered. You may take a rule to strew cause. The costs may be art anged, if there is to be a new trial, when it comes again before the court." TVESOAT, APRIL O. BEDFORD V. BIRLEY AND OTIIRRS. Mr. J. Evans moved to set aside the verdict tuund for the defendants in Ibis cause, and to obtain a new trial. The arison, a hich was tried before Mr. Justice Ilulruyd, at the last assizes for Lancaster, any against the alio are members of the Manchester yeomanry cavalry, for an assault made on the plaintiff, a hen the Mato:better meeting was dispersed. The learued COUII,CI made his applicatiuu upon four grounds :—lst. The learned Judge refused to re erise vidc nee which he was bound to lei:rive by law Evidence was received which ought slot to have been re ceived ; Silty.'llse learned Judge misdirected the J ory ; and 411th. It was a seitliet asanist evidence. Mr. Evans addressed the CI net at con•itleiable tenth its support of his points, and cunteudid that the case ought to be reconsidered n J ary, 11l r. Justice Iliihnyil sta'ed shortly the grounds of his charge to the Jury, but not having int! repwt Of the Witt in court, site application aas ordered to swim over to a lutute day. TIIF. .LING V. KNATCIIBULL AND °limns. The tleleedurnb were round gwlly , al the fillies in of conspiracy to Ott . ' aud pL. VI :mull, of the lloopasvcro, Palk-hint.. The fat b hate tautly uppearen before the public. - - . The &I. tool:soot, Charles Knatcloball, 1. of a respectable family. The other defend foot, asfe ait-fi'&,!.s at law. The alleged fissuil consi..ird iu la)ieg efiolon on a legacy of $;)01. nod renoe,etning to Alk. Wooi 'editor of Onions 1> uutcbbull, 1.141, shot 11,e some had ilf,t broil paid, then in fact it h:d not been reeeised. Tie so:tonne', %tete inti , l:cu• led Ina:mochas the. joined us the usisitel c:cotatfuti. . • 4. 143 Mr. Denman this day moved for a new trial upon several afilavits, which detailed much contradiction in the evidence Aim in support of the prosecution. There was a total ab sence, be contended, of all motives of conspiracy and wilful falsehood. The Lord Chief Justice stated the grounds upon a hich he left the case to the Jury t and observed, if it occurred to the learned Judges no the Bench with him, that the coni lu sum drawn by the Jory from the evidence was nut tight, and that it might had to a different conclusion, there ought to he a new ilial. After a few minutes con•ultation upon the Bench his Lordship said, " I have communicated with my learned brethren, hod they think the best course, adverting to all the evidence, is to let the matter be further considered." Mr. Denman taccoriiingly took rote to shew cause. WEDNESDAY, WAY I. DOE ON DEMISE. .••••• N. GODWIN. Mr. Evans moved for a new trial in this cause. It was an action of ejectment, brought to recover possession of a house in Skinner-street, occupied by the defendant.— A verdict was found for the plaintiff. The house was is part of the premises included in the City Lottery, and vested in Corporation Trustees, and an objection was taken at the trial to the title of the lessor of the plaintiff. lease bad, it was contended, been regularly granted by the Commissioners. Mr. Evans now contended upon the legal objection that there ought to be a new trial; but the Court held that there was no ground to disturb the verdict.—Rule refused. THURSDAY, WAY 2. BEDFORD V. BIRi.EY. Mr. Justice Holroyd continued the leading of his report of this trial, and having concluded at two o'clock. The Lord Chief Justice observed, that it must be mani fest to all %situ had heard the repot t, that there was nut the slightest ground for the applieatiiin. Judge Bayley was of the same opinion. Judge liolroyd stated, that his only desire at the trial was to do right, and lie was happy to find his learned brothers approved of his conduct. Judge Best acquiesced in all the inferences drawn by the other Judges.—Rule refused. FRIDAY, MAY 3. PITT V. 6TEWART. This action was brought to recover penalties against the defendant for bribery at the Camelford election. At the trial, a verdict was found for the defendant, on the ground that there was no proof that the offence, if committed at all, was committed in Middlesex, where the venue was laid. Mr. Pitt, the plaintiff, now appeared in person to move for a new trial, Ull beset al grounds. He was heard by the Court at great length, but failed to show that any evidence was either given or offered of the btibery iu Middlesex.— The Court, therefore, refused the rule. MURRAY U. ELLISTON. This case arose out of the proceedings instituted in Chancery, by Mr. Murray, of Albemarle -street, against Mr. Ellision, for performing Lord Byron's tragedy of Matino Faller°, at Drury-lane Theatre. The question stated by the Lot d Chancellor for the opinion of the Court of King's Bench was, whether any action could be sus tained by the proprietor of a printed drama, fur the 're presentation of that drama in an abridged form on the stage, fur profit, without his perniksion. Mr. Scat lett comended, on behalf of Mr. Murray. for the affirmative of this question. 'lois case was rilAvnlially different from that of " Colorer' v. . Term Re ports, 245, was an action to recover !muskies under the statute bib Anne, c. 19, for the representation of O'Keefe's farce of the Agreeable Surpri4e, where the Court held that the case was out within the words of the provi sion. That statute, undoubtedly, referred only to pub lication by means of the press; but the common law right of an limbo( seas not thns restricted. As soon as the legislature gave ur confirmed to au author a property in his works, it encircled these works with all the protection appertaining to every co! her species of property. Whether representation on the stage was a publication or not, within the meaning of the art, was not now a question; but whether, under any possible circumstances, each an injury could be thereby sustained as would give a right of stet ion. Now, in the preface to this very work, Lord Byron declared that he never intended the tragedy for the stage, and intimated that its success 111 the,theatre would afford no pleasure, but that its failur e would give him great pain; and surely it was hard that sus au. thor, who wrote his play only for the closet, should; he subjected to the ordeal of the stage against his will. Not only would his feelings and his fame be hurt lay a failure of his piece on the stage, but the value of the copyright would be diminished to the publisher. The performance of a drama would also operate to the injury of the parties interested in its sale, by diniiiiishing the curiosity to read it. Mr. Justice Bayley.—So, if one man reads a book alund to another, be may be said to injure the author by pie venting him 110111 buying Mr. Scarlet[.—No, my Lord ; because there nre Whet attractions at the theatre, in addition to the play, 41111 It is sepresented for the pin 'lithe manageis. Mr. Justice Ilayley.—Should I not du the author as much inischil t by giving notice that I would read his play at my house this evening to any one who would come ? and I should murder his play into the bargain. Mr. Scarlett contended that a representation for profit made the distinction between the cases; besides that, the money that might have bought the book would be ex pended at the theatre. Mr. Adolphus, for Mr. Eliiston, contended that literary property had no existence at cottuuou law, and rested solely on the statute of Anne, which confessedly applied only to printed books. This was decided in the great case of " Millar v. Taylor," 4 Burrow's Reports, 2:30r, by a majority of the Judges. Mr. Sea Heti, in reply. contended, that though the deri sion in Burrow's Repel ts was against the copyright at common law, posteiity had attributed the weight of ieasou to tile arguments of the minority of the Judges, mid at all e%tviov, when a statute created a right, the common law would create a remedy. The Lend Chief Justice said, that the Judges would send their CLitiiii . ,tte to I;:e Loid Chancellor. All accounts from Yorkshire, particularly from Huddersfield, agree that the manufacturers were never better off, or in fuller employ ; and what gives us additional pleasure to hear is, that every thing there is quiet, and no discontent appears- A meeting of the county of CLester will take place in a few days, cu Agricultural Distress. ~~.