The Statesman. — London, England, 1809-11-20 00:00:00

N.lre L INTELLIGENCE. ' Po%tsunamis, Nov. IS.—Arrived at the Motherhank the Var, formerly a French frigate, captured in February last, of Corfu, by the Bell. Poule, Capt. Brisbane. She sailed from Malta on theist ult. and Gibraltar, on the ?Mt, in com pany with the Formidable, and la sail, for Eogland. the parted company the same day. A report prevailed at Gi braltar. that the Toulon fleet had put to seat that Lord Met had been dispersed, and that his lordship, with several of hi- fleet, had arrived at Minorca. The Var spok:. Sir Samuel Bond, in the Centaur, with the War•pke, on the tth instant, in crossing the Ray, to whom she commu nicated the reports of the Toulon Aect being at sea.—She is under quarantine. Arrived the Fervent, Lieutenant Hare, from the coast of Portugal. Went out of harbour, the Thames frigate, Hon. Captain Waldcgrave. 1k is ordered to take Don Andanga to Cadiz, who is to be a emaitlerable Member of the Supreme Junta. Captain Halliday is appointed to the Repulse, of 74 gulls, ♦ice Lege,e, -irk. The Repulse and Victorious are under or ders to join Lord Collingwood, and will sail when the sled is fair. ov. 19. Arrived the A Iphea cutter, front a min.. Sailed th • Euryalus, of 38 guns, lion. 'Captain Dendas t Gannet and Redpole sloops of n a ; ansl I):ipper gun-brig, to eruize at the back of the I►le of Wight. Ftvuoirrn, Nov. IR.—Arrived yesterday the Britannia hired armed cutter, Limit. Wilson, Commander, from Ca diz, which place she left on the 30th alt. with important patches. which were feewawled last night by ogprre to lawn. The dispatches are supposed to relate to the sailing of the French Fleet from Toulon, which took place about the 21th ult. On the receipt of this intelligence, the Britannia seas i muediat•lv dispatched fur England, and tie Ajar man of war, which had just arrived at that port, sailed to join Admiral Colliugwood's Fleet, together with r:ie Kangaroo, and another sloop of war. There remained at Cadiz the Atlas, Admiral Parvis's Ilag-ship; and the Donegal, which ves.sel was waiting to bring home the Martinis of Wellesley; the French National orig. Le Franf.tron, of IR guns, and l& men, nut from Rent two class; h mod to fittadaloupe, with liner, kr, capt.wed the sth io.tant roierald fri gate; Ow American lit-ig Luna, Andrew Saathwar., Nfaster, from New-York, iiowri to St. Pc.bastian's, laden with cof fee, fee. detained by Cie Emerald frigate ; and the Little John, Neu+, of this port, from lamer-life, with wine. A large fleet of vessels are passing up Channel from the WeA it a rd. Arrived the Betsey, Curtis. ani Eliiabeth tenders, from irelmod; t' , e Gibraltar, of 80 guns, from Rochefort ; and yr i;•lter.it t frigate from a crui.e. S tiled the 4:4 1e frigate, on a cruise ; also t`te Thai 4 sin tp, tr the Westward, supposed for the East Lithe- : and the Orestes brig, nn a er'.l 'The French brig Fre-Aron, berme mentioned, was cap tured, after a chace of fifteen hears, and a rutin; az fight for a enraiierable time, wherein she bad two men killed, and ten wounded. The Emersld had now killed or wi united. Dr it., Nov. 10. —Friday evening, the Royalist clamp of war virtue(' A I ,rx. Ererelv privateer, of Miser, and she with leer prier hat since arrived in Cie !ins rr. Yesterday. the !loather armed ship arri•rd with enavoy from the wer ward, c,, n of trait-ports roaster•, &c. &c !Its Majesty's Chips Cordelia, I)nipleta, and Ultsses, have also arrived; the Tiolphin takes covvvoy to Flu3hing, and is ordered to sail immediately the wind ebaivar.. Yesterday pever3l transports arrived final rlitsitioe, at.d remain in the Downs: by theta we learn, that they left that place on the 11th inst. el which thee on attack bad beta toady on the island by the Erenek as reported. 1 cry heavy squalls fro. the North by East. . j ~ I-11V INTRUAGENGE. -......- i vial to the question befuro us, or to something that was within a few years of it ? But since you have found it impossible to direct the anxiety of yunr Client, the hearing of the whole of the affi davit will be more sitisfactury to him, and there. fore wo shall hear it all ; but it is an unfortunate 'waste of time." COURT OF CHANCLR Y. Saturdly, November N. 11X-PARTL FIRM! V. This was an application un the part of the Pe titioner to hare a Commission of Bankrupt, which had been taken out against him, superseded, and the costs paid by Mr. IVoodgate, the solicitor, by whims the commission had been taken out. The affidavit was then read to the end, in which the only part relating to the roestiun was, that which stated that the defendant hail written some strictures on the present system, under which the medical department of the army is c•nducted, which had been ccimtnented upon by the prose cutor, and replied to by the defendant, which had created some asperity between them, and which had produced in his mind an irritation, under the influence of which he acted ; and he was sorry ho had so far forgotten himself, as to commit such a breach of the law ; he declared that he did not designedly wait for the prosecutor on this ucca. sion, but that his meeting him was purely acci. dental. Sir S. Rossteee, Mr. IVLATUEHALL, Mr, MONTAGUE, and Mr. PEACOLIC, severally stated the case on the part of the Petitioner, at censide rable length, so as to occupy the greater part of the day. The Petitioner, it appeared, was an At torney, and a man of cunsid cable property, re. siding at the Rookery, near CulL:blaster, in Essex. He was subject to occasional Fos of melancholy, when his mind was much depressed, and when the state of his affairs, which were somewhat involved, contributed to increase the agitation under which he otherwise laboured. At one of these periods it was proposed by his friends, that to relieve his mind, and to procure him more ease and quiet, he should execute a Trust Deed, fur the paying off his debts. Mr. IVoodgate was consulted on this occasion, and recommended, as the best mode of proceeding, that a commission of bankrupt should be taken out. Against this the Petitioner strongly remonstrated, on the ground, among others, of the disgrace such a measure world bring on his fa telly, and that the Petitioner rust thereby, almost as a matter of necessity, lose his bu siness, which was of considerable value. Mr. Woodgate, however, insisted that this was indis pensibly necessary, and though several of the Pc. titioner's friends also objected to it, and even offered themselves to borrow money for the Peti. Honer, or proposed the sale of the Rookery, for which a purchaser could at the moment be had, if that could prev,mt such a step, the commission was notwithstanding taken out, and the act of bankruptcy relied on was, that the Petitioner had quitted his house to avoid his creditors, at a time when he had been persuaded to go to the house of l a friend fur the sake of amusement. The Peti tioner, though he never ceased to disapprove of the taking out of the commission of bankrupt, thought it his duty, after it was taken out, tegive every as sistance to his assignees in bringing his affairs to a speedy adjustment. The discovery, however, of a latent correspondence, previous to the issuing of the commission, between Mr. %Voodoo and Colonel Masters, a near relative of the Petitioner's wife, on the subject of his affairs, together with an opinion expressed by the Commissioners, on the Petitioner's third examination, as to the extra. ordinary nature of the commission, rendered it an incumbent duty on the Petitioner to prefer the present application.—A number of effidaviti were read by the Learned Counsel, detailing tee cir cumstances before stated, and many others lent!. ing to prove the peculiar hardship of the Pcti. (knees case. These affidavits had been answered by Mr. IVoodgate, who vindiceted himself, prin cipally on the assertion that the commission had been taken out with the concurrence of the Peti tioner's friends. No particular Iriends. how ever, hid been named by him, except Mr. Coke, and yet this Gentleman, in his affitlaelt, ezisressly denied such concurrence, declaring, that to avert the necessity or haviug recourse to the commis sion, he had offered himself to borrow money for the Petitioner. Even Colonel Masters, the Learned Counsel contended, would not have agreed to a commission being taken out, had he been left to the free exercise of his own judgment. At the third examination, the Commissioners in. sisted that an account of the Bankrupt's affairs should be rendered, and Mr. IVoodgate, at the moment, made out a statement, by which it ap. peered that there would be a surplus of 29,0001. If such an account could be made out at the moment, by a person situated as Mr. IVoodgate was, what might not the actual surplus be supposed to be ? Vet even on this 'hewing, the Commissioners had declared it to be their opinion, that the taking out of the commission was the most unaccountable, harsh, and unnecessary measure they had ever wit. nessed. To be farther heard on Monday. The ATTOIt VEY-GE' ERA T. said, he was ready to admit that the Gentleman who new stood for judg. ment of the Court, should receive the benefit of all the ornaments that he had conferred upon himself by the greater part of his affidavit, fur he dared to say he tleserved all the commeudations which his own affelatit bestowed upon him. With respect to those facts which lie had stated to the Court in mitigation of sentence, fur (H offence which he had committed, it was exceed. iugly easy for a Gentleman who had placed him. self in such a situation as this, to allele, or per. haps to suppose, that he had cause of complaint against a person whom he had thus insulted; but . here the Defendant bad garbled the transaction from the beginning to the end, and if it were not clear that he had done so, it would have been ne. cessary fur Mr. Keats to ask time to answer as statement of the adidauit but Riming clear that , the Defendant had garbled the case, the Prose. cuter was content to take the judgment of the Court upon it, in its present state. He could not help reminding the Court, that it was an extraor. divary thing that a person who had held so high and so public a situation, and who bad such an education, who had kept such company as the De. fendant had, could descend to the conduct which had so disgraced him, that because he differed in opinion from Mr. Keefe, he should beat that gen. (Icarian in the open street, and then triumphantly say—" If you want any satisfaction, you know where to find me." This the Prosecutor did not follow up with a challenge, which the Defendant intended it to produce; it was very fitly made the subject of a criminal prosecution, in which the Defendant would learn fruin the Court, diet his conduct was contrary to law and to justice, and highly reprehcnsible. Mr. G.tnaow was on the same side, but Old uot . add any thing to the case stated by the Attorney. Geueral. Mr. IVARIVIN Spoke strongly against the con. duet of the defendant, and urged it as a probable point, that the defendant, notwithstanding his oath to the contrary, watched fur the prosecutor in or. der to commit this outrage and isvalvgnity, since it took place in the street elute to the door of his office ; this, he contended, was done with a view of in.tkiti4 the offence more galling to the feelings of the prosecutor, ulna% was an aggravation of defen‘laiit's conduct. Mr. HARRISON followed on the same side. Mr. Justice LE 1314,1 C, in the absence of Mr. hist,ceGrose, pronounced the judgment of the Court, in which he censurtul the conduct of the Defendant ; he lamented that the situation in life, the education, the habits and connections of the Defendant, and the notion he had of good man. niers from the company which he must have kept, lia.l nut restrained him from such tioleisce as he had committed on the poste' of the Prosecutor ; such •s turtil,st spirit as that of the Defendant, mike' he restrained by law, which would not en dure that men should take the redress which it af. forded, to all who had any legitimate cause of comp) lint, into their own hands--not that the Court was now decidiug upon the merits of the dispute between the prosecutor and the defend. alit ; upon that the Court was not intimating any opinion ; the question was nut before the Court ; the only matter now to be r,iiisiikreit was, what punishment ought to be indicted on the defendant for his violent misbehaviour, and that must be considered with an aspect to the fu ture as well as with reference to the past, nut on ly to punish this defendant, hut also to &ter others : the sentence of the Court, therefore, up. on him, was, That he be imprisoned in the cot tody of the Marshal of the Marshalsea of this Court (the King's Bench) for three calendar months ; that he do give security for his good be. haviour for three years, himself in 5001. and two sureties in 2501. each, and that he he further im prisoned until such security be given. Mr. Serjeaut Leas obtained a ride for an info... mation iu the nature of quo warrant°, calling on John Strong, I:sq. to skew by what authority he exercises the office of Mayor of the town of Pool, in Dorsctshire. COURT OF KING'S Saturibiy, No;:ember IK. TIM KING Z. KuBERT JACKInN, Mr. Gaitaow moved the judgment of the Court on the Defendant. This wa, an in.lictmout for an assault upon Thomas Keate, Emquire, Sur geon-General of the army. The Defendant hail been Inspector-General of the Army of Reserve. It appeared by the affidavit of the Prosecutor, that iii the course of the late summer, as he was going home, he met the Defendant in Berkeley-street, near the door of his office, who assaulted him, without provocation, struck him several severe blows on the shoulder with a large walking stick, and then said—" If you want any satisfaction, you know where to find me ;" evidently meaning to provoke the Prosecutor to challenge him to fight a duel. James Pearce, servant of a nobleman, who hap pened to be passing at Cie time, deposed to the same eff.•ct. The affidavit of the Defendant comprehended an historical, and somewhat 'minute, detail of his whole life, from the period when he took the de. grec of Doctor of Physic at Leyden, to the present lime, in the course of the reading which— Lord Kt.tessioaouen observed—" How can all this be material. There is no passage which may be read out of any book which might Occur to us to take into Our hands, Out of our library, that would nut be as material as this is, to the point which is now before us, namely, the conduct of this Defendant Oil the occasion of his assaulting the Prosecutor." Mr. DAMPIER [mewed that the anxiety of his Cheat, the Defendant, had led him to insert in his affidavit, matter, much of which o ust be ad mitted to be irrelevant to the point now before the Court ; but Counsel could nut always euntroul their Clients. Lord ELLEsooeouoir-- 64 Could you conduct us tO mine part of this affidavit, which is mate. .„• /, ; ; ..• • I Hl' THE SI'ATMSNI AN , . • -•-- ... 464 / 1 11 1111 0 111511 . . . 40.1 •-• dss - "• •' s • 1. ! • •- •. ' ; 41.13:* as a great favour to me, that it should Wild over for an hour." Lord Et.t.ttriostovou..:..“ It seems to be for •the convenience of Cobnsel on both sites, that it should not come on no,. Therefore, let it stand over until you are buthleady." Here entered Mt. Ojsrjeaat BM, who said, "My Lord—l had not an opportunity of being in C o urt %t hen the Attorney-General addressed your Lor:;ship. I do not know .shat motion was made by him, in the cause of Wright v. Wardle." Lord ELLENDOROUGII-4 4 BC said, that the af fidavits filed on the part of tits: defendant were of so great length, that t!,^ plaintiff bad not had a■ opportunity of t aking copies of them in time, pro perly to ,prepare :towers to them, and that there fore time should be given for that purpose; at that moment there was some conversation between the Attoruey.Gcperal and Mr. Park, he saying that you could not be rresent then, the Court, to accommodate you both, directed it to stand over, and it standa over accordingly." Mr. Serigalllt BEST-4 6 Until the next Term ?" Mr. ATTORNEY GENERAL-.-. 116 No, indeed !, 1 cannot onseut to that. I will consent that the learned ::orjeatit should take it up now, rather than that it should stand over until the neat term." Lord Er.r.Errnonotrcn--" Will you take it ug now ) or Kill you let limn have an opportunity of making affidavits in answer to thosa on which the rule was obtained i" Mr. Justice Le Bt. t Nc—" It is in the common course to let the matter stand over for a few days." Lord atxxnonotsii—'• It is •t ;:rescat for our convenience that it should stand over for a few days. lam sure that nothing is more com mon than to order a cause to stand over without naming a particular day ; if that should he neces sary, from the length of the affidavits on which the rule for the new trial was originally obtained, or from any other circumstance, they cannot be conveniently answered in time; and that the Court is in the daily habit of doing, without reference to-either party. It is of course to give them an opportunity to prepare an answer. The other party may consent if they choose ; but if they do not consent, the Court will nut refuse to give time, if it be necessary, though consent should be withheld or opposition made." Mr. Serjean'i BEST--" I shall not resist the 'pa plication, my Lord; I only wish to know what day it will be ro:ivenient to bring it on." Lot I:LLENBOROUGIi" Whenever you agree among yourselves. The Court will take it at any time."—lt was then ordered to stand over without fixing any dry. COURT OF EXCHEQUER. Saturday, November 18. SIMPSON! V. MAIM This was an action for setting aside a debt of 32101. due to the Defendant by a Mr. Morris, an attorney, to whom the Plaintiff also nas a credi. tor. The ground ch.irgell was Usury. It ap. peared that the Defendant, lot the accommools. lion of Morris, had sold out stock to the amount of 15101. and had advanced 17001. In cash. The condition of the loan was the payment of the in terest of stock sold out at the rate of three per rent. as it would have yielded the Defendant, had ha not sold out; for the 17001. at the legal late.. rest of fire per cent.; and, on the further condi. tion, at the period of reps,ying the loan, of re. placing the 15001. stock. rhis, it wu contend. ed for the Plainti ff , was usurious in two respects ; first, as the stock was at's2 when the 15001. was sold out, so that it did nut yield a sum sufficient to yield an interest of three per cent. ; secondly, that the replacing of that stock at the rate .f more than 70, was an unequal and usurious pulation. Mr. tierjeant BUT 'hewed, that cases in point, in favour of the defendant, existed on both parts of this present claim.—The defendant's debt was of course sustained. To Ike EDITOR of TIIE STATES.II.4.V. Stn—l Rome time since 521 , 1 a statement in your Pap:sr on the sulti•et of the " Orders" issued to the Collectors of Tales ; the resignation of many of those persons, rather than carry their orders into effect, and the petition of many householders be • exempted from the payment of taxes ; the fallowing circumstance, which m.iy he depended on u a fart, is illustrative of the mischiefs likely to accrarto individuals from too rigorous an en. forcemeat. At a village in the vicinity of the metropolis, a Gentleman, whose taxes were doe in October, be. lug from home anti his wife with him, the Cullce. tar of 'lazes chose that moment to distr a it) on th e premises fur a sum wader YOI. and defrrmining to he on the safe side, took with him a Jew broker aml other assistants, .and removed property to the value of upwards of 1001. ; one article alone be ing admitted to be worth neatly the whole sum (illumined for—Some trilling articles thus taken .I%f ay were also omitted in the Inventory ; the Gen. tlcnian, immediately on bis return, replaced his goods, and I am happy to hear/ purposes to insti tute a prosecution fur excessive distress, and an iudic!ntent fur felony against all the parties, nine in number. Yours, AN ENEMY TO OFFICIAL TYRANNY. Di4patches were received yesterday at the Admi ralty, from the Crew (fiag.ship), of SO gnus, off Flushing, containing an account of the proceed ings of the British force in Walcheren and the Scheldt. The infinence of Count ROMANznrr, at Peters. burgh, increases in proportion to the zeal with which he supports the French interest. Ile is said to have declared himself frier:Ng to a negociation with this country, upon the basis of cancelling our entire maritime code, and fully recognizing all those principles laid down by the new le g islator of the ocean. The Marquis of TaAvEttsr, a relative of the rmpress JusErnlNN, has lately been appointed held of the Naval Department, in the place of A.lniral TcurrzAiaoer. It was expected the ma us;ement of the Army would be confided to souse one equally attached to French policy. To be in the interest of BoarArAnTe, has been found the wrest and shortest road to the favour of the Em. ;trot. ALICIA:4DM Apprehensions are entertained, that the Little 1;41 sloop of war, with General Mortalsox on hoard, and a transport brig under her convoy, have been lost n e ar Jamaica. An alter.ition in the Si.* Fencibles establishment is said to be in the contemplation of Government. On no occasion have the Members of the Uni versity of Oaford been so closely canvassed es at the present ; and if the three candidates stolid firm, the %attest will be bard fought. WRIGHT V. WARDLE. The A ['TOR NLY•GENERA I. said, " From the length of the affidavits filed on behalf of the De. fendant in this cause, it ‘tas quite-impossible to have got collies of them, to prepare, properly, answers to them in time to skew cause to-day, and therefore some further time should be given for that purpose." Loin' ELLENBOROUSM—" I suppose there is no objection to that." Mr. PA RIL —" My Lord, I do not— M .Arron 0 ! let them bring it on now. I have no objection. I had rather they did that, than accept time by way of favour of them." Mr. PAu-" I wish the Attorney-General would take the trouble of hearing, before he de. tides. • I was going to say, that Mr. Serjeant Best, who leads it, this cause, cannot come into Court at this instant. Whether that bo an of. feuce, I do not know." Mr. ATTORNEY-GCSERAL- 16 I know that Mr. Park will be able to go on alone, if necessary; all I wished was, that it might not be considered ROYAL, Charieungoe repudiated his first Queen, and espoused Bertha, the Ilanghier of Didier, KIK of the Lorntsord-. Ile afterwards divorced Bertha, at t ke srsbeitati m of I .drian I. lotthian 11. got his mat ri-ge with Thicrtter?, aad hit litarriage with his concubine lYaldrade contirine , , by the C u►Kil of ,Metz, °timer a suhicqueut Council made hits take bat k Thiel - bet '. Philip I. repudinted Queen Bertha, and espoused Bee.. trade, wife of the Count of Ait'ou. After bong altercations with the Pupal we. he ree f iye i l a b so k i li on . Lout. VII. repo liate.l Eieonare. aiii espaaz..d Coastance, the daughter of A Iphooso, of Castile. 'lte which :oay he milled that -4 4 * Queen Catherine, by the Defender of the Faith, our Eighth Harry. A fleet from the Alailiterranean arr, wed on Sa turday, at Portsmouth, under charge of r French frigate, captured by the Belle Poule. As Mrs. Sternum Kicsisce. was performing Alixiqd, in The Exile, on Wednesday last, at Doncaster, she had the. misfortune to dislocate her shoulder. The volunteering from the Irish Militia com menced last week. The Waterford Regiment, quartered in Limerick, have given 14 men to the -10th, and six to the 11th Regiment. There is no doubt of their quota being completed previous to th e time allotted. Captain company of Artillery, which consisted of 120 men when they embarked at Portsmouth for IValchorea, cannot now mater six men for duty ; and of the 28th, or Camero. nian Regiment, now on duty iu that island, only 37 nre fit for service. Jem Belcher hal been convicted at the Storey s e ssi o ns of a breach of the peace, in fighting with Cribb, and sentenced to a month's imprisonment in the new gaol, in Lforsentonger.lane.--From this conviction and sentence, it may be inferred that the proceedings of the pugilists in the Pit of Covent_ garden Theatre will furnish Mir prisons with a few of that fraternity. A few days ago, a+ William Pitt, a lightermal, was working a barge out of the basun belonging to the West India Dock, he fell overboard ; he waseliortly taken out of the wafer alive, but al. though every attentioe was paid to him, he died four hours after. -vT . c- _~