The National Register. — London, England, 1811-01-27 00:00:00

' THE NATIONAL REGISTER. SATURDAY, JAL 25. BELL V. BYR/44. A ltuie was granted to shew cause why a new trial should not talc e place, in_the aboire ease; for a libel.published in The Morning Post, in which a yerdict for 5001. damages had bf.en given to the Plaintiff at Guildhall, in the Sittings after the last TIIE The COMMON SEA/KANT iald le - had instructions to move, on behalf of the Defendant for a new trial in this cause, it was an indictment for perjury, of which the 'Defendant had been found guilty at the last Sittings after the last Term, before Lord Faienhorough and a Special Jury in Westminster. He was aware, however, of the rule, by which it is provided that no motion for a new trial, or in arrest of judgment, in any criminal matter, can be made without the Defendant's being in Court ; in this case the Defendant's state of health was such as to make it impossible for him to be personally present. He had an affi davit stating the condition of the Defendant's health, it was an affidavit made by two medical gentlemen of eminence. Lord Eeeetaaoeouna.—" We shall -not break in upon so im portant a Rule as that which requires the presence of the De fendant on the motion being made ; but,• upon special circum stances stated in the affidavit, the Court may grunt leave to make the motion on a future day, but whenever the motion is made, it must be in the presence of the Defendant.—l have re ceived something in the nature of a notice, that this Defendant, together with another, was to be brought up for judgment for Monday next, but that may he incorrect." Mr. Co atatota SERJEA NT said, there was no such fact to his knowledge. The cause of the Defendant's illness was a violent suppression of urine, but it was not stated in the affidavit when it would be safe for him to come cut. Lord ELLENBOROVGII.--" You may have leave to move at a future day ; but, whenever you do move, the rule of the Court requiring the Defendant's presence must not be broken in upon." :%lr. Justice LE BLANC.—" Your right way is to take it gene rally, when the Defendant shall be able to come into Court." Lord ELLENBOROUGHO—" I am not for opening the rule too widely ; if you have leave to move on Monday perhaps that would be sufficient, for the complaint of the Defendant. cannot be permanent, it must either be fatal, or be soon removed." Mr. Justice Betieer.— ,, You may produce an affidavit here after that he is not able to come up.",—(Here the Judges confer red) and then Lord ELLENBOROUGII.-.."*“ The Court inclines to give the Defendant time generally, instead of naming a day, but expects to come up the curliest ne,,:nent lie can ; and when you come for ward with your motion, and produce the Defendant, he must then swear distinctly that was the first moment in which he could come with safety; that is, consistently with the cause which you now assign if he does not so come, he cannot swear truly that it is the earliest moment." Leave given to move hereafter, when the Defendant shall ap pear, for a rule to shew cause why there should nut be a new trial in this cause. , : . t.' ADMIRALTY SESSIONS. ;, •,., . • The Sessions were held on Tuesday, before the Right Hon. Sir William Scott, Baron M'Donald, and Sir Simon Le Blanc, at the Old Bailey. -PIRACY. 3011tretallik alias. Collins, was c9italty' indicted for being found, contrary to his allegiance, serpng on board a French ship against the subjects of this country. Prom the testimonyof Lieutenardlitir Parrot the Northum berland man of war, it appeared ttte'Glaneuse French Till wateer wastaken by his ship, onthe 21st tifllovember, off Vs-- ant. And on apart of the people of the Northumberland going On board to take possession the' peisiMetj fontid amongst ' , the On being , Whp‘Aetile• not an English man, he replied in the negati_st4,-** Sl id be *as an lash man, and on being taken on b lare 'Northumberland, he confeited that be had been invallilid . 46th the Zealous man of war ,and off Tr. tar. Theie the'cony" of Henry Hill and Henry with " prisoner on board ' The c: ped the Under alb lug 500 Eyre_ disehar On Rtoduc _ _ the Pittrattiei; - Yr. found entered - as 'a native of Philadelphia in America. The ptisonet in his defence said, that he went out in a smack With orstert from Grairesrud tu the French Coast under Prtl4- W 3 sian colours, and with an. English licence : —On his arrival off Concale, Lowever the vessel was boarded, and he, together with the Mast,:r and another man on board, were conveyed to the TOwer of St. Nlarioes, where he remained there aine months, supported only on bread and water. At the expiration of that time, the Captain of the Glaneuse came to him, and asked him -if he would serve on board his priwatver, to which proposition he agreed, in the hope that he might be enabled I- ither to make his escape, or be taken by a British cruizer, and the Captain ac cordingly paid'sso livres for his•liberation. He was only two nights on hoard when taken by the Northumberland. He Con cluded by declaring that nothing could be farther from his wishes or inclinations than to take arnis against his King and Country. Baron Iti'Donald having summed up the evidence, the Jury returned a verdict of Guilty—Death, but recomi:4e uded the pri soner strongly to mercy. Sir William Scott then passed sentence of Death according to the usual form, observing, that he should represent the recom mendation of the Jury, as -well as the circumstances of the trial, in the proper quarter. Joseph Jobson and Charles Jobson, two respectable fishermen, residing at Ipswich, were tried on an indictment, charging th cili with stealing a ton of copper from the transport Anne of Aber deen, which was wrecked on a sand bank twelve miles from the coast of Essex. The charge was not however, satisfactorily established, and they were acquitted. The Court then ad journed. The Grand Jury found a true bill against Capt. Richard gtet yens, who was some time since charged before the City Magis trat with an - assault, with intent to violate the person ofa laf2r minicd Porp!ewell. on her passag,e in the prisoner's ship fro:a the Welt Indies. The prisoner, w!lo had given bail-to take lus trial ;:t the present Session, wishing to postpone it for some time lcmgcr ' enterer! into fresh securities to appear at the next Admiralty Session (the 11th of February), to which day the C Ala accordingly adjourned. td had been in the action off. Trafalgar. e facts were 'corroborated by the tettioignr of Henrr Hill nry Bayie, the litter of Ivhf4it 'served' with the prisoner rd theZeilout • • captiOn i of the Frencifprietiteer'ilso proved, that he ship. prisoner at St. Maloes, having talcep him out of prison hi siniptiiithitt . thaflit Wisest liiitaftai; previously pa y- livrei fOr:hb discharge. " • • Asittelfeithet: isapers of the prisoner was NAUTICAL INTELLIGENCE.- Pears are entertained that the Conflict gun-brig, lieut. Batt, has gone to the bottom, with every soul on board Ler. The Conflict, on the nth of November, was cruising in company with the Arethusa, off the coast of Spain, when a dreadful gale came on ; and the Conflict was seen, towards night, in • great distrei3. Next morning she was not to be. seen. The Economy transport, Capt. Gordon, arrived at Ports mouth, latt week, with the lois of he,r rudder, and greatly damaged: she had engaged a French privateer , armed with 16 guns, and full of men, for four hours. '1114; Economy was from Gibraltar, with a number of deserters on board front the French armies in Spain, who fought and defended the ship most gallantly. Capt. Gordon and two men were slightly wounded. • Upwards of 600 sail of ships have arrived this year at Quobec for timber, and the exertions which arc making to give etlect to the same, by the erection of steam engines, &c. cantle* fail to render it more advantageous to Great Britain, as IS will super sede, in a great measure, the importations from Isloovity, or the Baltic. BELL Rocx.—lt appears that ' ) oll Rock be distinguished from all others device the light being to appear alterna andof deep, red colour by means - height of the building, and advance into the German Ocean, the light in ordinary weal' tauce, as greatly to assist an dismal mistakes as have this people term Berwick Bay. tier is a happy addition. .:4:1144 I t qasitp • RtGENCY PARLIAME44T.---TO obtain indemnity f.44hist. and security for the future, is th e aitn,of ,every person, . b oth ►ell' " " " New Administra- gly pre/tilt _ ,tek' • Jiat the light on the Bell Rock is t* hers by a R6W and ingenious device ; ternately of a bright yellow and of a of colouredg,lass. From. the great its prominent station, twelve auilps ccan, it is confidently e.Tpected that weather, be visible at so great AAlis- PrCvolting the, recurrence of such winter happened, ln what seafaring The tolLng okabeli iu tn4ty wea- private, aswell as in public life : but the Nemi tion adopt the expected New Measures, and will have no more Lotteries, the only opportertity we tsysteverhave, to gain in a single day an independent .fortune for our fainilies,, by .the risk of a small sum Ur money, is the present State' Lottery, which contains 44 Capitals-4 Twenty Thousands—upwards of 4,000 Prizes,descending gradually to ,XSXI, the . lowest Prizg, amounting to Two Hundred "Thousand Pounds in' Money, which will be paid immediately on demand ; and it being • the only Government' j..ottery, the whole will be drawn in On© Day, the 15th Februar?'. ' Troth the great demand for Ticket" and Shares, it is probable they will., In a few days, become sreq , scarce, and muc,btleater ; an framodiate purchase is thertforg strongly advised, "to . presit#t dsa.iiioloup,ept. -I \