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

SHIPWRECKS. LOSS Or THE ALBION. Extract of a letter front Garretstown, dated . April 22: A short tune before four o'clock this morning I was itiformed that a ship was east on the rocks r at the bottom of Mr. Rockford's dairy farina, to which place I imme diately repaired, and at ahvout the centre of the two farms, found a vessel on the rocks, under a very high cliff. At this tittle, as it blew a hatd gale, with a spring tide and approaching high water, the sea ran mountains high; however, I descended with the men as far down the cliff as the dashing of the sea against it would permit us to go with safety, and there hail the horrid spectacle of viewing five dead bodies stretched on the deck, and four other feliow-creatures distracted, calling out fur assistance, %% idiom our being able to'render them any, as inevitable (team would attend any attempt at it. Among those in this perilous situation was one unfortunate female, who, though impossible from the wind atid roaring of the sea u, be heard, yet, front her gestures and stretching out of her hands, we saw her, distracted, call on us for :mist ance. At this time the greater part of the vessel lay on a rock, and part of the stern, where this poor woman lay, projected over a narrow creek, that divided this rock Irmo another. Here the sea ran over her with the greatest fury, and she kept a firm hold, which much astonished we she could do ; but 30011 we perceived that the vessel was broke across, where she projected ovei the rock, and alter many waves dashing against her, this part of the vesser' rolled into the waves, and we had the heart-rend. fug scene of seeing her perish. The three men lay to w.trds the stern or the vessel, one of whom stuck to a mast, winch projected towards the cliff, to whom, alter mmy 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 Albion, packet, Capt. ‘Villiants, of New York, which place she left on the Ist wstaut, fin Liverpool, whit a cargo of cotton, raw turpentine, rice, &c. and with about 28 passengers. Her crew consisted of 2+; and of the whole, there have been only saved nine, making the sufferers amount to 43. Out of the passengers there have been saved but two. The bodies of five men and two women have been picked up. After doing every thing for these poor creatures, I exerted myself with Mr. Gibbous, its 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•tueit's houses, who could not remove from thence. Captain IVilliainsis among the sufferer*. —She is now completely gone to pieces; and, I think, was as fine a vessel of her description as could be seen." [TUATHER PARTICULARS.] One of the passengers saved, IS a gentleman of Boston, whotratles with Liverpool, and it is said that he had on board a large sum of dollars. Three thousand pounds its gold in a box have been fished up from the wreck and conveyed to Garretstowii. The 4/iisers had lived out the tremendous gale of the entire day on Sunday, and Capt. Williams consoled his passengers at eight o clock in the evening with the hope of being able to reach Li verpool on the day but one ..her; which cheering ex pectation induced almost all the passengers, and particu• lady the females, to retire to rest. lo some short time after, however, a violent squall came on, winch in a mo ment carried away the masts, and there being no possi bility of disengaging them front the rigging, they su en cumbered the hull, that she because unmanageable, and dnited at the mercy of the waves, till the ligin.house at the Old Head was discovered, the wreck still nearing it, when the Captain told the sad news to the passengers, that there was no longer any butte, and soon after she struck. From 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. He was thrown back again, and was more lurtunate, but his appearance bespeaks the sutler logs he endured hoist the beating of his body against the rocks. lie is dreadfully bruised. The body of the French lady has been found ; she was extremely beautiful. —lt is remarkable that site should have been perlectiy 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 chums. Jacob dark, Esq. the American consul at this port, having repaired to the scene where the wueck took place, immediately on learning the melancholy intelli gence, did every thing befitting his situation, and a matt of humanity, uuder the circumstances. lie has provided coffins for the bodies, and caused them to be interred, with their respective names affixed, having first had the mate to paint then' out, ill order that it the families of any attired should wish hereafter to have the bodies re wowed, 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 from the exertions employed to save same of the property.—A boat horn Courtinasherry, with seven men, was lust on Weiliwoiay morning last, its endeavouring to preserve souse of die wreck. Alost of these taiiiiinunate men have, no doubt, left families after them ; so that this wreck has given rise to more misery than was at first CA cuLtell upon, and has spread the distress proceedus front the loss of this vessel utt our show. The following is a list of the passengers:—Mr. Ben son, of Loudon ; Mr. Nelson Ross, of Troy, near New Yolk, and Mr. Covers, his brother-tit-law ; Col. A. J. Presort ; Major Gough, 68th regiment; Mr. and Mrs. Clark, Americans; Mrs. Gardner and sou, about eight ' years old ; Miss Powell, daughter of the Hon. W. D. Powell, Chief Justice of Cover Canada, Mr. Dwight ot Boston; Mrs. Mary Pye, New York ; Rev. Mr. Hill, 1 1 of Jamaica, coming home by way of the United States; Mr. Proctor, New York Ur. Depots', and five other TnE NATION AL REG TSTETI LOSS OP HIS MAJESTY S SHIP CONFIANCE. Extract of a letter received at the New England coffee house, Ist May We regret to have to add to the calamities already recorded, occasioned by the areadful gale of Saturday and Sunday nights, the loss of his Ma jesty's ship Confiance, with all her crew, consisting of 130 then. The vessel sailed front Cove on Sunday morning, in company with the Gannet ; the former hot the Galway station, the latter on a cruise in search of a smuggler, which was said to be hovering on the coast. —Toe weather came on extremely haul, mail it blew a tremendous gale. The Gannet put into Kinsale, and the CorOance kept at sea. On Monday morning, before day break, shots were heard by the people residing near Mizen Head, 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 Corfiance. The bodies of lour marines have been washed ashore, and also a box, in which was contained the commission of the second Lieutenant (Alexander) of the Colffiance, which cannot leave a doubt that it was that vessel which uttfortunately was lost. An account of this calamitous event reached town at a late hour on Tuesday night, and such particu lars as were known were transmitted to Admiral Colville, at Cove. The Confaance was commanded by Camain Morgan, who was first Lieutenant of the Endyntion, whets that vessel captured the American ship President, and was promoted for his gallanuy. To the loss of this officer of the Connor:cc we regret to add that of Lieut. Shepherd, who proceeded in her with the intention of joining the Brozen, which is stationed near Galway, and commanded by his lather. Ml.ChelWynti, son of Sir John Chetwytid, joined the very morning the Voqfiance 14. s Frenchmen; and Mr. Everhart Chester, of Pennsylvania. Mr. Denman JIM day moved for • new trial upon several Steerage passenger.—Mrs. Mary Brewster, Mr. Hint, a/davits, which detailed much contradiction in the evidence Mr. Morrison, and Stephen Chase, given ill support of the prosecution, There was a total ab sence, he contended, of all motives of compiracy and wilful Major Gough's watch and seals have b een pi c ked up ' and a small gold watch was found in Col. Pr e vost's fob. tli t iell°°d * The Lord Chief Justiee stated the grounds upon which he The bills found are to an immense amount, on London. left the case to the Jury ; and observed, if it occurred to Paris, and different parts of the Continent. I the learned Judges on the Bench with him, that the coos story drawn by the Jury from the evidence was not right, and that it might lead to a different conclusion, there ought to be • new ti After • few minutes consultation upon the Bench his Lordship said, " I bare emonseniented with my learned brethren, arid they think the best course, adverting to sill the evidence, is to let the matter be further considered." Mr. Denman accordingly took rule to chew cause. WEDNESDAY, MAY I. DOE ON DEMISE V. 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, occepied by the defendant.— A verdict was found for the plaintiff. The house was a 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. The lease had, it was contended, been regularly grouted 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, MAY Y. REDFORD R. Mr. Justice Hotroyd continued the readinrof his report of this trisl,and having concluded al two o'clock, 'flue Lord Chief Justice observed, that it must be tment.- fest to all who had heard the report, that there was not the lightest ground for the application. Judge Bayley was of the same opinion. Judge Holroyd• stated, that his only desire at the trial was to do right, and he was happy to find his learned brothers approved of his conduct. Judge Best acquiesced in all the inferences drawn by the other Judgem—Rule refused. FRIDAY', MAT S. PITT V. STEWART. This action was brought to recover penalties against the defendant for bribery at the Cainelford election. At the trial, a verdict was found for the defendant, on the ground that there was nu proof that the offence, if committed at all, was committed is. Middlesex, where the venue wasted & Pitt, the plaintlff,.novr appeared in person to move for • new trial, on sevetal ground.. He was heard by the Court at great length, but failed to show that any evidence was either given or offered of the bribery in Middlesex.— The Court, therefore, ref's/4.d the rale. MURRAY R. ELLISTOL This case arose out of the proceedings instituted in Chaucery, by Mr. Murray, of Albernarle-atreet, against Mr. Elliman, for performing Lord Byron's tragedy of Maxine Faliem, at Drury-lane Theatre. The question • stated by the Lord Chancellor for the opinion of the Court of King's Bench war, whether any action could be sus tained by the proprietor of a printed drama, fur the le presentation of that drama in an abridged form on the stage, fur profit, without his permission. Mr. Scarlett contended. on behalf of Mr. Murray, for the affirmative of this question. 'lbis case was essentially different from that of " Cohn rn v. athen," 5 Term Re. p0rt5,.245, which; was an action to recover penalties under the statute eh Roue , c. IN, f o r the representation of O'Keefe's farce of the Agreeable Surprise, where the Court held that the case was Hot within the wads of 'the provi sion. That stiettile, midoub:edly, referred only to lication by means of the press; but the common law right of an author was not thus recrieted. As soon as the legislature gm or confirmed to an author a property in • his works, it encircled these works with all the protection appertaining to every other species of property. Whether representation on the stage was a publication or not, within the meaning of the act, was not now a question; but whether, tinder any possible circumstances, anch an injury could be thereby sustained as would give a right of action. Now, in the preface to this very work, Lord Byron declared that he never intended the tragedy for the stage, and intimoteu that its success iu the thew's• would afford him no pleasure, but that its failure would give hint great pain; and surely it was hard that an au• thur, who wrote his play only fur the closet, should he subjected to the ordeal of the stage against his will. Not ou'Y would his feelings mid his tame be Inset by a failure of 111. piece bn the stage, but the value of the copyright would be diminished to the publisher. The perforinauce ea drama would also operate to the injury of the parties interested in its tale, by diaiinislilug the curiosity to read it. Mr. Justice Bayley.—So, if one man reads ,t book atom/ • to another, he may foe said to injure the author by pt. , venting him from buying it. Mr. Scarlett.—No; any Lord ; because there ore other attractions at the theatre, in addition to the play, and it is represented for the gain of the managers. Mr. Justice Bayley.—Should I not do the author as much raised. f by giving notice that I would read his Orly at my house this evening to any one who would come ? and I shoed 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. ',ended at the theatre. Mr. Adolphus, for Mr. Elliston, contender! that literary' property had no existence at common law, and rested solely on the statute of Amie, which confessedly applied only to printed books. This was decided in the greet case of " Millar v. Taylor," 4 Burrow's Reports, 2.304,6 y a majority of the Judges. Mr. Scarlet, in reply. cannedeil,tliat though the demi.. lion in Bei ron's Reports was against the copyright at common law, pe.terity had attributed the weight of reason to the argnmenas of the minority of Ilse Judge cums law would Nie: events, when a statute created a right, the o would create a remedy. TelP Lord Chief Justice said, that the Judges would seed their certificate to the Lord Chancellor. All accounts from Yorkshire, particelarly 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 meting of the eounty of Chester will tats place iu a few lye, on Agricultural Distress. LAW INTELLIGENCE. COURT OF KING'S BENCH. MONDAY, APRIL 29. PUBLICANS' LICENCES. Tug RING O. NM N. CONANT AND OTSCRA. The solicitor General moved iu this prosecution for a mew trial on behalf of Mr. Collins, one of the defendants only. The Indictment was tried at Westminster. The defen dants, four in number, who- are magistrates of the county of Middlesex, were charged with conspiracy, and cur. reply refusing to grant ■ licence to a licensed victualler named Meek, residing iu St. John's-lane, Smithfield. The withholding of the licence was imputed to gross partiality, arising from the iuthience 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 change of conspiracy. They also, in giving their verdict, said there was no proof of partiality to any house. They found that the magistrates maliciously, and without reference to any house, refused the licence. That was the nature of the charge, and he had to subnsit, upon the evidence offered in support of the prosecution, that there was nothing to prove Mr. Collins was guilty eithe. of corruption, partiality, or conspiracy. judge Bayley.—The charge against them was, that they conspired to refuse• licence from cot 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 tonight's* would recollect the gnestion came before the court two years ago, when a criminal information was moved. The object then was to prove motives of partiality with reference to the house of Meux and Co., and the point wa► not proved. It appeared to hint that the Jury by their serdict had acquitted the de• fendants of ►hat part ut the charge. The Lord Chief Justice.—" It was opened by Counsel for the prosecution ou the ground of a corrupt motive with respect to the house of Meux, Reid, and Co. That was the feature of the cense. As far as I can secollect, the , motive assigned wan partiality, to the house of Meux 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 urforc the court again, amid be Wither considered. Von may take a rule to shrew cause. The costs may be arranged, if there is to be a urw trial, when it comes againhefoi e the court." TIJESOAT, APUIL 30. DEDFODD U. DIRLEY AND °TIMM Mr. J. E•aos mused to set aside the verdrtt tuuod for the defendants in Ibis cause, and to °Mara a new trial. The action, which was tried before Mr. Justice llolroyd, at the last assizes for Lancaster, was against the deten.lieutv, ahu are meinbers of the Manchester yeomanry cavalry, tor an assault made on the plaintiff, a ben the Manchester meeting ass dispersed. The Irarurd enamel made Iris ■pplreatiou upon four grounds :-Ist. The learned Judge refused to re ceive rvidtoce a hick he was bound to receive by law ; 2dly. Evidence was received which ought not to have been re ceived ; Sdry. The learned Judge misdirected the Jary ; and 4thly. It was a •erdrrt against evidence. Mr. Evans uelilre”ed the court at considerable length in support of his points, and contended that the case ought to be reconsidered by a Jury. Mr. Ju.tiee Hulroyd staled shortly the grounds of his charge to the Jury, but out having the report of the trial in court, the application was ordered to stead over to a tuture day. THE PIING V. ILNATCHBULL .tND OTHERS. The detendants were found guilty, at the last S 'lints in GotIA ill, of conspiracy to defraud Mr. liorrull, of the Hoop-tavern, Pa rk-laise. The facts have recently appeal en berme the The defrodaut, Charles Knatchbull, is of a respectable family. The other deleudonts are attorneys at law. 'rile alleged fraud cutuatied n. laying claim to a kgney of SUOI. and reptesenting to Ali. 14 ootrali, iha creditor of Clusiles Kuatchbull, EN. that the saute had not been paid. when in fact it hod nut heeu received. The utternos were 'implica ted isomitickab they juiced is the ssibrcylututatitni.