The Statesman. — London, England, 1809-12-20 00:00:00

P' P 0 li I I I rgir,llllolE - 1" - - 41.• ) , / : b• "` ' BIUGRTON, bin ! 17. The weather here, during the greater part of $ • the week, has been excessively damp and stormy, and considerable damage has been sustained there. N. •by in varions quarters. During the night of Mon day last, the wind raged with such terrific vio lence from the S. W. that many people were afraid to retire to bed, being under momentary appre ) hensions that their houses would be blown down and themselves buried in the ruins ; they pru dently continued its. their respective residences, however, fur the od copiously descending r ai n , n • the rattling of dislodged bricks (ruin the home: le tops, promised them no better security in the -' streets, twelve's here. Great devastation was corn. ▪ n itted in the glass of the houses fronting the se% . and here and there one suffered in the roof. .In Black.lion.street, the chimney of the house Of Mr. WALTER was blown down, which alight. 1 ing on, passed through the roof to the very bed - from which Mr. W. had just before risen, and $. thereby happily preserved himself from being • $ crushed to death. The storm was contioned dur ing the greater part of Tuesday : tho mail-coach, which should leave this town for Chichester at seven o'clock iu the morning, on that day could not start before ten. The hags, hoorver, by other means, were forwarded dt the usual hour. OR Wednesday the weather was moderate, but damp; brit on Thursday evening the'deity of tern. pest *pie held dominion. This storm was evenr more violent than that of Monday ; the Cliff houses had teeny of their panes shattered, while ,others were partially unroofed, or stripped com pletely of the lead that guarded them from the damps. Several cwt. of lead, in complete sheets, were blown from thesummit of Mr. BATI.SI 's house in St. James's-street. Mr. Irreate's house in the South Parade, was subjected to o similar misfor - tune in this instance, as had Mr. .IVALTEn'II in the former ; a chimney fell, passed through the roof, and descended, not to the bed (rum which Mr. I STI A n had risen, but e here he was • actually sleeping, and, miraculous to relate, only inficted ou Mm a few slight contusions, of which • no doubt is entertained of his speedily getting the • better. About four o'clock A. M. the wind shifted, and became more moderate, bat the rain his been condoned down to the present time ; the desolate appearance of this town, therefore, may he better collective(' thaw expressed. Ott Friday morning a French privateer, Irierti by stress of weather, ran ashore, at Berlin Gap, between this place and Seaford. Several of the crew, we hear. were lust, mid the remairtil , r ta. ken care of. On Thursday morning a coal brig, arthich had taken in timberat Little Hampton, fur 'North Shields, ran ashore at Seaford, and soon after went to piece'. Of her crew, ten in number, • filar perished, three were drowned, and a buy jam. tree to death heteeen the vessel and freightage. There hat been no change of situation among the military of this district during the present week. Lord FItaDLEY, on Mondry last, gave a grand entertainment at the Castle, consusti.,g of a dinner, Am to a select party of friends, amon4 whom Isere General Resent*. Colonelt %Aunt: Y and OTIS' T, 'lle Rev. Mr. Dit.t.ora, Mr. C. SISNIrtI, Mr. Brno, &c. Ills Lordship set off to Wu, t. , L ndnn un Tuesday morning. . Mr*. Fivaut Heeler, Lady LAKE and dauch. te:s, Lad C. Somersasv, and about an hundred fastiii.nables, were at the ball at the (Aviv, on Blot day. - Dccestalta A. fortnigh? has now elapsed eihpu the Pelmet was expected to honour mot en. liten this town with his presence, during which time his Royal Ilighttess'i arrival was daily mid nightly looked for at the Pavilion. The rtme't' tl disappointments, therefore, which had been end,' r eil, had so weakened expectation, that yesterday daftly any one could be induced to be. I.:, t• alt it the Puttee would be hero during the present year, thneglt we have now the sincere satisfaction of ob serviite that his Royal highness, aecomp.mied by the Dakc of Cr.allt,lCE, Anil three of the sons of the latter, arrived at the Pavilion last night, at about half past ten o'clock. The batik of the Church rang a merry peal this morning, and syrup. toms of hilarity were manifested in all parts of the town, though the weather was too damp and in. clement for almost any one that could avoid it, to appear abroad. The Flumes and the Roeat. Dons, between the showers, crossed from the Pa., vilibn to East.street about an hour after mid-dayri and k is with pleasure we add, that both appetite. eel M Nide excellent health and spirits. How lowir, that 'Loyal Highnesses intend remaining here is not Ot vet known. The Ball this teeming at the, Castle premises to be well attended ; the presump bun is, that the Putmet will be there. The fishionable amusement of this place, der. incdte greater part of last week, were very b athed, owing to the untowardness of the weather. 'lose Cestle Ball on last Monday evening was composed of a very brillant assembly of fashion. able!, among whom were Mrs. FITZIIERISERT, LAO C. SOMERSET, Lady LAKE, &c. &c. Lord EA gouty, during his shorts/slur° here, we are happy to stele, appeared in good health and spirits. His Lordship left us for the metro polis early In, the last week. The Fronds privateer, which the crew of the William and Say coal brig, sided by a hew of our fishermen, so gallantly occasioned to halt her sails and sheer off, on Saturday selinight, mu a very fine new lugger, unuswelly long, and had upwards of lto men on board her ; but it is sup posed she carried nn guns (though her crew were plentifully supplied with small arms), their subtle mode of warfare being to run alongside and over power a prise, by boarding in numbers. When she stood oat to sea, the men on board the collier gave three lusty cheers, in which they were joined by a great number of persons on shore. • On bi °nay, a c , _:iiiitryilefor attending Smithfield market, had his pocket picked of his book, con.. Wel bank notes to the amount of 551. Last Froday night the premises of Mr. Richard. eon, sr in oxforcl.streer, were broke open, aad rubbed of a considerable quantity of 'both. DECUAUNE ADD OTHERS P. LANE. Mr. GARILOW opened this case on behalf of the Plaintiffs, who were the assignees of two bank. rul►ts ; the one being a separate, and the other • joint commission, in which it was alleged, but not proved, there were many flagitious circumstance., mid that the Defendant and his father, who were 'perhaps combined to act very dishonestly towards their creditors. lie observed, that by the late Act of Parliament, which is usually denominated Sr Samuel Rpmilly's Act, a Commission of Bank. nifty produced in Court, superseded the neces. t y of proving that the party against whom it Issued, had committed an act of bankruptcy, ult imo a Defendant, in an action in which such bank. captcy was disputvd, should at the time .of plead. leg ' give notice that he should dispute the fact of an act of bankruptcy having been committed. Hers the Defendant had originally pleaded with. eat such notice, but that plea had been abandoned ; the DeTendant had pleaded de novo, and accompa. nied the new plea with such notice, therefore the act of bankruptcy moot be proved. Upon this there was a question betaven the Attorney.G•ne. ral and Mr: G ►rrow, a lio should take the buithen of proving the act of bankruplcy. Lord ELLENll,iltot'all held, that the construe don .to be pat upon toe Act %a., , that the giving of notice at the time of delivering In - the - plea, that the act of bankruptcy would be disputed, did nd shift 'the ordinary mode of proof; it only made that proof necessary, which, but for the notice, the act dispensed with, but which, with the notice, the act called for. That bur. then was upon the Plaintiff before the act, and, the notice being given, the same burthen remained on the Plaintiff after the act. The Plaintiffs therefore must, its this case, prove the act of bankruptcy. This knocked up the Plaintiff? case in this ac. don, fur they haul no witness who could prove the acts of bankrtiptcy in question, except those who were interested in increasing the funds out of h • och the debts were to be paid, and such wit. messes were not competent, and therefore the Plaintiffs were nonsuited. BY COMMON JURIES. . UWYNE V. JUIMINE. Mr. GARROW st.tted this t•• be an action for an injury done to the Plaintili's vessel by that of the Defendant, while it passed Gravesend Reach. There appeared upon Ole evidence nu doubt whatever of the fact of the injury, and the amount of it was 541. But the defence set np by Mr. MARVA? Was, that by the statute of the sth of Gee. 11. c. 20, it WEIS provided that no foreign vessel (and this was r Swedish one) could be natigaled in the ri. ver Thames, without having on board a Trinity Muse pilot ; such pilot was on board the Defen. data's vessel, and it was, therefore, in point ofliw tinder his guidance and direction ; and the action should be against the pilot, if the vessel was un skilfully navigated, ter the Defendant had nothing to do with her management: Lord Kt LEMBOROVIIII said, he should not turn the party roniiii by a nonsuit on this objection, but save the point (hat it might be moved here. after, argued bifore the Court, and finally de. ternimed, so that the party would not have to come delion agiin with the I.lr:s in another trial, a !iieh would be the case if the Plaintit was nonsuited. rvide•tace was then given of a Trinity House pilot being on board the Defendant's vessel at th•• iin4 of thi. accident, which, it appeared, might have been avoided by ordinary cart, in those who .steered .t, .berc was abundant room to pass on the starb.iard or the larb:iard side of that of the Plaintiff, which lay at anchor, while the vessel of the Deleudant was goisie it► full sail. It was contended, that as thosu yn hoard the I)efenilant's vess-1 hailed the• 1 3 '31,11,1N, they ought to have moved her by the• helm so as to get out of the way of being damaged; hut Lord El'vibe rough held, that while the Plaintiff's vessel lay at anchor, and there was room to pass it on ci. Cher side, there was no obligation on those who had the care of it to move it a single inch—it was the I) , i,i:ess of those who sailed • to :leer cleat and d e uo injury, because the thing was easy—il might have been otherwise, if there had been a dif. ficully in avoiding the danger. Verdict fur the Plaintiff, damages 511. WILCISE V. KEATS. Mr. GARROW Slated, that the Plaintiff was an ingenious m.iti, who had invented a machine by which labour was much abridged in the tuanufac-- (tire of beaver hats, in that process which con sisted in pressing them and forming them in moulds, into a hard substance, by which oue man, working %%kis this marline, equalled the tabour of a dozen, besides doing the thing much more neat ly. The Wendell t - Wks "i 'halter, uho bed agreed to give to Ilse Plaintiff 2501 for the use of this machine. The agreement was a written one; but unfortunately it having been left lit the De fendant's hands, he had destroyed it, and there was not a copy of it, so that it could Pot be peeved in evidence ; but lie should go upon the quantum mcruit, and chew that the Plaintiff de served to have the above sum fur this machine. it appeared by the evidence of Mr. William Pritchard, who had hems the Defendant's fore. man, that this machine, made by the Plaintiff, was used by the Defendant ; that an agreement bad been entered into between them, by which the Defendant was to pay to the Plaintiff Mi. for the use of this machine ; that it was used for tea or twelve months ; that the Defendant had said, that be hail destroyed the agreement, saying the matter between him and Wilcox was settled. lint on his cross-esamination by Mr. Gurney, the witness said, That the Plaintiff had actually received of the Defendant, about 2801, on ac_ i count of the use of (hi. machine ; that at first this machine spoiled eves/ bat that was put un. I dee ii. Ts r....... . •I. - • • ••. . •z • - _ failed hi the attesept ; altered by *mother person, harm than good ; that norm in which the Plaintiff was prodL _of harm iiistead of good, was a waste of both labour and mone•. Lord ELLIIN mu stouc; u observed, that although the Plaintiff might tie the inventor of this ma chine, it did not follow that lie was entitled to any reward for that invention ; fur an invinition, to deserve.rneard, must be useful ; here it seemed to be mischievous. This agreement which had been spoken of was eut of the question, ',remise it was not before the Court ; the Plaintiff must, therefore, go upon the quantum oneruit ; and, if the labour was good for nothing, he descried no thing for his labour.—Plaintilf tionsvited. DMI DS V. DARBY. Mr. Pt RIC stated this to be the case of a ssilor, who elaimed about 171. fur wages, as a sealiait, at the rate of 41. 10s. per month, on a voyage (rain St. Domingo to London, in a vessel cal. led the Hind, of which the D fending was Cap. lain. There was nu doubt of the Plaintiff haw. ing this claim ; and indeed the Defendant had himself offered to ;Ay the money, provided the• Plaintiff would give him a release ; but that the Plaintiff would not do. lie would have been blameable if he had; fur he had another action against the Captain, for a desperate assault, and which would be tried immediately after the pre sent one. The services of the Plaintiff; on board the ship were proved, as well as the rate of wages. On the put of the D.fendant, Mr. contended, that his client was absolutely absolved from this demand.--That while this vessel was of St. Domingo, she was attacked by a power. ful French privateer. That tho action I ,sted two hours before she was beat off, and then she lay too, repaired her damages, and prepared fur a second action, and continually kept in sight.— That on this occasion, the Captain allowed one half of the crew to go below for refreshment, while the other half remained upon deck to keep a good look out. That a person of the name of Fetter, was ordered particularly, to keep a good . look out; he refused; upon which it b •case necessary to fasten him to the ring.bolt, to ph. vent mischief. That, on this occasion, th.• Plain. tiff came from below, and was commanded by the Captain to assist four others in their eh. deavours to secure this unruly person, who mask a desperate resistance. That the Plain. ' tiff affected to do so; bAt alteared to assist ra. Cher than oppose this Ititralleer, and disputed the authority of the Captain, who, to p.eserve the ship from destruction, ordered his pistols to be brought ; when they were brought, the Plaintiff still persisted in disputing the authority of the Captain, after the Capt tin had told him he should blow his .brains out if he did, upon which the ' Captain fired at the Plaintiff, who fall and was supposed to be killed, but he was afterwards taken into the cabin, and his wounds dressed by order of the Captain. That this was an act of necessary vigour to prevent mutiny, by which the ship would have fallen a prey to the enemy. This' was an answer to this action fur wages, us well as it would be fur that of the assault ; fur there was a clause in the articles of the ship, on which the! egreetaent fur the wages depended, that those I who should be guilty of mutiny, or should wit. folly disobey orders, should forfeit all wages and every thing belonging to them on board the' ship. 'fn prove this case, he called * person of the name of It-ed, the chief-mate of the vesel ; bat he gave his evidence• in such an intemperate mintier, as to induce Lord Ellt•nburou4h to admonish him, lest it should he th iught that himself was the chief cause of the disturbance un b ►ard on this .wcasion. This, however, had only a temporary etfeet upon him; he broke out again into great violence of tune and gesture, so as to 'hake it evident he had identified himself with the cause of the Captain, who, it appeared, hut actually shot the Plaintiff in the head ) and apprehended he had killed him, and took another pistol, swear_ 1114 he would do the same thing to any other per son on board who dared to dispute bis authority. Lord ELLENBOROUGII said to Mr. Garrow, he had no doubt of the complexion of this case, and h►• was confident that someihing would occur to Mr. Garrow to recommend to his Client to dis. peso of this and the next cause. Mr. GA*ROW said he undirstooll his Lordship perfectly. lie then had tho honout of conferring privately with his Lordship ; after which it was agteed, on the part of the Defendant, to give the Plaintiff a verdict in this cause fur the amount of his wages '26l.—and in that of the assault 501. which were uttered up accordingly. On Saturday, the Reading coach ran over the Nlaidenhead waggoner, on Sinailburry.green, and broke his thigh in so shocking a manlier, that it is thought amputation muss talc-aspirate. A few evenings since, Messes. Sills and Co. of Hataborough Wharf, had 13 boxes of tin piate stolen net of a barge between London Bridge and Blackfriars. Swsmomeo Lane.—Ou Sunday evening, a young lady elegantly dram!, went to the ruse &nee of Mrs. H. in Kennington, where, after eta (paring of a servant if her mistress was at home, and being informed that she wurthek absent, told tier that she had that day arrited'hi - town, and, wished much to have seen lier,iottirt consequence of her disappointment, desired she aught ho al. lowed to leave a few lines for hef t .*[ the same time handing the girl a letter, which s)ta said was of great importance to Mrs. H. She was rea dily shewn into the parlour, where, after beteg furnished with pen, ink, and paper, she feigned to be much (Aped with her journey, and requested she servant to call a coach to carry her to her in. tended place of residence, which mhe stated to be at a relation's in Oxford street. /This riviest the girl' weakly complied with, when the fatigued vi sitor, its the mom time, walked off, rarr) il l ( with her a slumber of silver 'Hopes, of stinfeepot Tag TUT AN. .- imi ni ier mimpionsummasimmasaimar -•-- LAW INTELUGgNGE. ter it for the better; het and that anti! it Wed alien COURT OF KING'S BENCII, TUZSDAY, Dim. 19. it mast bare dune more I the sae of it, in the form Sittings before Lord Eacersionercr, in Guild- left it, was productive of Anil, London. . was a WIWI of both laboui St APag il6° .. l.4 l;: ‘ i POLICE. noworraerr..i.....gd-ourd Wilson, formerly a halter in Comptun-alreet, has Pt. e 1 tio:os hee,► summoned lately to • .c Office s for neglecting to pay hackney-coachinen their fares, and he not attending to one of them, a 'warrant was issued ugginit him on Saturda►•. On Monday morning he was brought to the Office, where three charges of this nature were exhibited .►gainst him by differ:, rut Hackney Coachmen. Mr. Wilson not being able to pay the amount of the different tires, wsit hvld in his own recognizance, agreeably to tthi Act of Parliament, to appear at the sessions td abide the award of the. Court. . . Howizaio.ei.a.r..axt.—Testerday Williams tisiderwtfit another examination, on the charge brought azaiost him by Items. Vizard and Hutchinson, Solicitors, of ',locola's-inti, to whom he was formerly clerk, of having embez zled a Banker's Cheque, fur upwards .r 901. their property. No new evidence was produced, ex cept that of Mr. Hollins, silversmith, Fleet.street, I t o ..rhom one of the two-pound notes given at the 13ank in change for the large notes given originally for the cheque at Child'4 biome, had been traced. It appeared that t',o note isequestion had berll re ceived by Mr. Robins, from a man in plyisictit for a ring. The person who porcloised th,! riot; slated a t the ti " ie that it was intended to become the bond of union between two persons well known to the public, namely, MiAs Colson and Mr. Elistosi. On a former examinetiln, Gore stated that he purchased a gold ring for Viiston at a shop in Fleet-street, and th it he paid for it with a two-pound note which he had rveris4 from Elistuo. Elision was fully committal fur trial. The Barracks in St. George's Place . , Canter bury, lately occupied by the Horse Artillery, and which were its part taken down, are to he i.tioue ; diately rebuilt, being re.engiged for the reception of 80U of thu sick soldiers expected from %Val i cheren. By recent accounts from the Island of Curtcos, we. earl) that the Olken and Noti.c Homitsioned OMeer, of the '2.d battalion of the 18th or Royal Regiment of Ireland were on the eve of ousiarka. lion for Europe, after having drafted their me* into the first battalion, at present in Jamaica : their arreal may therefore be expected in a few weeks. The 2.1 battalion will, on its return, be reformed by Ow di.tachment is quartered at Gloucester, tinder the command TT Cawain Gott- KFAIIJER, C )11Si4iIIK of 450 of ikc clioic,:st men. Thu OThccis of the Ist batallion, now at home, are ordered to proceed forthwith to juin their re giment is Jamaica. A few evenings since,. as Mr. Henry Hull, betcher, of Cwincaravatt, near Monnionth, wee returning home from that town, in company with neighbour and his daughter, in uglier to avoid the rood at Truthey-bridge, they attempted to get into the fields, by walking ever the weir.hvad at that rlace. His frient, with his child, bad pasiell it, and was in the act of stretching out his hand to assist Mr. Hull, when the foot of the latter. slipped, and, from the weight of waterwlii,h then tl'twed, he was carried down the stream awl drowned. The darkness of the evening prr_ vented any attempt to recover the body, which was not found till ‘Vedresday morning : , and was then discovered at the bridge leading to Ticy !louse. The three Kent sheep, two years old, hied by Mr. W A Lt., and fed on grass only, which attracted so much notice in Smithfield yesterday, wave slaughtered by Mr. SEARLE, in the finrougli, and weighed as follow t---NO. 1, 17.51b....Nu. 2, 1551 b.---and No. 3,1611 b. A scaffold fell down at the Auction Mart yes terday, by which two men were severely injisred. One had a thigh and the other an arm brnkcn. The anniversary of the Queen of Pott - ruc. aCs Birth-day was celebrated on Mnntlay, be the per formance of High Mass at the Romillt Chapel in South-street; in the evening the Portugnese Am baqsador gave a grand dinner at the Thatched house Tavern : Mal Nair Domaine, was «e:1 snug ; and the Portuguese custom of breaking the glasses, after every toast was strictly adhered to. • BA NIL au PTCY.—Yesterday a principal creditor under the bankruptcy of a distinguished Milliner 'and Ores-maker, at the West end of the town, at tended the Commissioners again, in Guildhall. On this occasion he stated that he had advanced vari ous sums to Madame during her illness, after she had left the King's Bench telly', in Build-street.. He hid newer been to see her iu her bAchans. bet but when it was her particular regatta( that ho should be sheen up. Oa one occasion he ad vanced 301. and various small sums at other time. His intention was to enable the banlcrnnt te repair her circumstances, and to •hegio the n orld anew. The whole of the debt which be attended tt prove amounted to near 2,0001. The Commissioners did nut allow him to prove on this occasion. Se veral examinations had occurred.pteriAtsly. A kir h:s Tun, the mills its the town eNew. p o rt, cimuty or Tipperary, with a quantify of four and . corn therein, were consented by firr. The ca.usii,of this conflagration and de‘truction of property it attributed to the issaliptity of . seine jettison s yet unknown, who, at the dead of night . (au unusual flood then prevailing, in ACK ver) Opened the sluice, by which the machile.y was set into such rapid motion as to CAUm• uitiou. taut l'11:-. At No. 7. 111nrinen•steeet, St. tienrge's in the no-the 14th inst. tar wife of Aftookl Monor,:, a ng of thire ehildren—mo girls ant a bu, : they hie ati doi.bc well. Yestenity, in Witspnle-mlreet, th, I.olly of William COr hen, Ihunhall Hall, In thes , sire, and Link to Aiitl.llret. of &tit eliter. alAititll.l/. On Saturday:, Cie 16th Out. nt Legbourne, bt the Rec. George Moore, Rector of iVndham, Sir Brook ‘Vorrow Bridges, Bari. of Goorlarst.ooe, iii the roam.. of Kent, to Utrabeth. 'West daughter of Sir Heavy Hawley, leghouroe f;runge, isi the same county. . DIED. ..t Deptford. Fliviheth Hell. aged 51, wife of Adern B-'J, EN. of hie Alajesty'e Vtetuallh:g Depattobest, r.• l; • 4e1.1