The Statesman. — London, England, 1809-08-23 00:00:00

Sp :WS E. • in Ltllo 1 R B. s l y/T.IIN, AGAINST um, toi. Th e G ame Lacs are nut less oppretsiae than Pro illictite of discord: The l'entont who kills a h :re that crone* his path. finds a snug retreat in the House of Correetion. The Farmer who destroys th e a nimals that are desiring hit crops, has the satisfaction of being duly fined ; and tiiefettdr twern manurial proprietors arena nnfreqtaently be. r p,:athed as legacies to posterity for the preset. Nation of good neighboariood and social comforts. A country neighbourhood, in which quarrels and jealousies on the subject of game arc unknown, a phenomena' ; but when, to the almost natural tenaciousness of a village lord respecting his ma. atonal rights, is superathled a violent difference of opinion in politics. then may the Guiltless of Dis cord be trade said to reign paramount in the un- Ricky pdri.h that she has chosen for her abode. In this cause it very clearly appeared that a sup posoct infringement of the lavis respecting game, was a mere a vehicte for the gratification of political animosity. The facts, as they appeared, a ere as follow : Thu Plaintiff. J Simpkins, is the tenant of FRANCIS 1)1.00ALF ASTLET, F.q. of Evert", in . the cilia(' of Wills--the Defendant, HENRI' HUNT, Esq. of S.lnt Solid Collage, in the same county, iff the sew county, n e ighbour of 311 r. Astley ;. thane Gentlemen, unfortunately, entertain very diff ere nt qcntimento on politics—Mr. Hunt is the friend of Mr. Conserv, and a ::: , rt . tn adesiter of 1h PRI.VCIPLEI and [aka' of teat Gentleman, and it wilt be remembered that at the memorable Wiltshire Meeting, where the Freehold ...I.s of that iMportant county had the manly sense to think for themselves, the able speech of Mr. limit coutributed in nu small degree to open the eyes of a most respectable body of freeholders to the true intevests of their country. That a Geutlenian possessing these sentiments, and, wait was still worye, having hardihood publicly to avow them, should incur the divide/is/ire of those Gentlemen who " think that ;staffers are very " we ll as thzy are ;" and to whom the words Reform, Cobbett, Wardle, aro rno..t Ly s s h a nd discordant, cannot be very surprising. The first dire consequen:w of thii displeasure was—a no.' Lice to Mr. Hunt, requiring him to abstain from spurting o• the lands of Mr. AstleyN tenant, John Simpkins. Heedless of this imperative mandate —Mr. Hunt was caught in the very fact of haw. Inc; strayed upon the open down land of the Plain tiff, to the amazing distance of sit whale yards. For this trespass, John Simpkins instantly brought his actinn--to %Inch, Mr. Hunt not duly plead_ ing, interluciitory judgment %assigned—and on the Bth inst. twelve respectable Inhabitants of %Var_ minster, some of them the tradesmen of Mr. A stley, were summoned on a writ of Inquiry, to say what' damages the Plaintiff had savained. The attorney employed by Mr. Ashley's tenant, a gentleman o f candour, iatogrity, and reput :tion, having stated' the case, produced a witness who proved th. trespass. On the ernss.rsamination of this witness by Mr. float, who acted as his own advocate,, he swore piefike/y, that flat. Defendant " had nut done 111 ' " Fru ditty of Damage, as he only walked about " sly yards nut of the high timid 'hi. Plaintiff's ate Opel/ duals land."—(The Dainigi.s were laid at 1001.) Mr. Hove then addressed the Jury in a most happy strain of argument, in which, after ex plaining to them the *Olen and waives of the action, lie stel;atitted that as not the slightest damage had been preyed, so he trusted that they could not by their oaths give a verdict of damages against him. lie was well aware of the nature of a writ a bigwig), which, issuing after judgment being signed, in consequence of the neglect of the Defendant to put ire tr plea, had been usually censi. dieted as an admission that damage had been sustain ed by the Plaintiff; and he had no doubt that the Under Sheriff would direct them, in the usnal way, to find for the Plaintiff with a farthing damages ; but as no damage whatever was proved, he most strenuously contend that it was impossible fur twelve men,who had sworn " well and truly to as. sess the damage" which the Plaintiff had sustained, to give even one farthing, when the PlaintilPs own witness had expressly sworn that out. one farthing of damage had been committed. It had ever been Ms nrinion that, by the Constitu. ties of England, a Jury were jugges as well of the liw as of the fact—this was a principle for which be should ever contend ; and as the liberty of the subject was so inseparably connected skit that doctrine, he confidently expected, from the very respectable Jury of his countrymen that he was addressing, an illustration, by their verdict, of that important principle of the British Consti tution. The Under-Sheriff then stated to the Jury the nature of a Writ of Inquiry ; it was the King's Writ commanding the Sheriff to summon a Jury in order to assess the damages sustained by the Plain. tiff. In cases where no actual damage had been proved, it was always customary to gives farthing, as being Old lowest denomination of coin known in this realm; and, knowing of no instance in whieh that custom had been departed from, it was air o;.inion that the Jury must ;ire a farthing da mages. The Plaintiff hail pr:,re.l the trespass, and some d images must follow. The Jury, after consulting together a short time, :laid, that they felt it inconsistent with the oath 'hike had taken, to give even a farthing da. stages, ill the Very/ teeth of the Plaintirs °wad Witness, who swore that not one farthing of damage !:ad bean coattnitted—.sod notwithstand. ing the remonstrances of the Under-Sheriff, per. silted in refusing to give even one farthing do. magas !!t flowerer this verdict may be at variance with tie custom in legal proceediogs tin of inquiry, it is certainly substantially correct.—The Jury are directed to inquire what damage the Plaintiff has •ustained—they Jo iopise—an4l on that in. quiry are told the -whiten, oho proves the fact of the hew's, s not one farthing." W hat then can a Jury do, but In t h e fact pram!, and cut. ?Hit' RTES : tainly reilitent datitet ; for where-there are no &image* proved; filch a verdict -.would Iny fdlie and against al.*. oath*. When the celebrated William Penn, the %filber t end another,• were tried for a riot in Gracechisreh.st met, the filet of their " preaching" was proreJi bolt of dittai bance or riot the Jury haJ eo proof; and there. fore, verdict titter defiance of Me Judge, they return:returnededict of "Guilty of prefix-hint; in Grace itharch-,-trcet." 1 On the same principle, the Jury in this ease hare returned a verdict—finding that the Defendant " had walked about six yards on the Plaintiff's von down land, direr notice not to sport." ! tftisiiilendid instance of firmness we shall mete bet one obterration—M3y every British jnn eseeetnlthe duties of that important office kith the smell iwaritteous independence!!! CORN-EXCUANGE, Aco. 23. There is a middling supply of Wheat here to day, not many samples of first quality ; sales in general are brisk, and a hale higher. Rye at further advance. tailey in very short supply, and again dearer. Malt likewise. But few White Peas. In Beans of the two kinds little variation. There arc short supplies of Oats, and those of first quality are at rather better prices. In Flour nu variation : fine American 325. to 554. per barrel. CURRENT PRICE OF CRApt. Wheat. -- - No. 90,6-111).. Tick Bea — •• • - *N. 51.. Fine ditto - - - 1011‘. 10b , . (tats, t R)r. - - -311 n. Ch. Barley. - - to 424. MO, - - • .C5O 'CA. W. Peas( Rollers) -11 ya. 9*. Fine Floor -- - Blur. 04. Orey Peat., Co. 5.h. Second* Ream - Yesterday a Cabinet Council was held at the Foreign Other. The contribution laid on the Austrian conquered Provinces is thus distributed, in conformity to Decree of the Emperor NAroction, issued on the 7th of July ; Upper Austria Lower Austria • 52,0004J0 . Sultzhorgh Stiri.s .. • 4 1,990,41U0 Carisatitsa Caruitila s 13490400 Gortc Trieste, in acislitiun td the fileiser coutrihutiou un Ise Revenue of Trieate • . 2,410,00 Ilungnry The Circle of Znayin, in Stosmtria....• ,.. 7,490,41J11 in the important canto lately trial at Norwich respecting the chin) of one month' credit by the corn buyers, the Defend Ants agreed to publtalt the following recantation : " Mr. Brno tt e, as *isomer for the Defendanti in the case of the hint: v. Pa Llill Nv e and others, is aistkortsed to dime( the Peluteis of the Ateirfolk CArvisigl,4 to hulk the tut looms advertisement:— . •• TO rug onuwcas Or CORN. . ' " The (rowers of Corn ',slag the Corn Market Willer wicks err hereby iofornsed. that henceforth all curs %ill be paid fur on deasund.'*—ALg. 4, 1809. Lord - Wtuaast Russ Er., the second son of the, Bake of BEDFORD, distinguished himself greatly in the late battle of Talavera, and had a moat narrow escape. lie was struck by thrust niusquet balls, sod his horse was shot in the shoulder and jaw ; ins Luniship and a private are all who are left of the sqltadron to which he Ix:lunged. Every Officer in the regiment (the 23d Dragoons) was killed to. wounded ; and the charge of this regiins;nt is considered as one of the must gallant that ssas ever made, it being against three lines of infantry, supported by cavalry and artillery. Brigadier-General Cassrseta., why received a wound at the battle of Talavera, which was re turned dangerous, we are happy to learn, from the authority of a letter from the lest of war in Spain, .to a friend of the General, is nut likely to prove fatal ; a musket-ball entered his month, and came, out near one of his ears, a portion of which it car. nest away with it ; but a. it did not materially in. jure any vital part, he is now in a fair way of recovery. Captain WA Lama, of the 3d Dragoon Guards, anal Captain Bacsterr, Brigade-Major in the Coldstream Guards, hulled in the battle of Tale. vent were both natives of Leeds. The former was the fourth son of Wri.r.sam WALKER, Esq. of Killingbeck.ilall, and the latter was one of the 'suns of JOHN' BECKETT, Esq. of 51c/11,1110d, an Ablerinan of Leeds. Captain FORDYCE, Deputy Adjistanf.Gerteral, who was killed in the battle of Talavera, was a very gallant officer, and sun uf the Ida Jolty Foanyca, Esq. of Ayton. It was Brigadier-General Kneen? CK it:TURD who joined the army at Talavera on the 29th. Brigadier-General CATLIN CIIAI7I , EIb was to leave Lisbon on the Ith, with live regiments of infantry, as a further reinforcement. It was nut from any religious scruple that Curirra declined to attack the French on the 23J sit. but from a %shit to wait until VENEGAS was sufficiently advanced to join him, conceiving that the Spaniards alone would thus be able to beat the enemy, in which case the English might act as a reserve. An idea is entertained in sundry letters from Spain, that the French, notwithstanding their defeat out the 28th, and their subsequent re. treat; would soon resume offensive operations. A decree has been passed by the Dutch Govern. resent, ordaining the pusishmeitt of death upon all persons holding any intercourse aid& the Ba irish is Zealand. The Fumy gun-brig, arrived in Leith Roads, has, in eompaiiy with the Snake, had a gallant action with the Daiwa at Ilanterfest. After a cuts. test of two hours and a quarter, within pistol shot, they succeeded its silencing two batteries by' which they were annoyed, and part of the crew landing, completely dismantled them. The Snake had two men killed, and three wounded ; the Fancy was materially injured in her rigging, but ' none of the crew were hart. It is stateslto here been on the 3d inst. that no. tier was given by Anstrie; of the rupture of the, Armistice, thoisgh WWI have been received uf that date from Prague, %heels malty no mention of it. The Archduke Citattuts issued an Address to the Army upon his resigning thersainsawd, expres sive of the satisfaction he hail in'cummitting its fortunes to a General . eVeltelr experience and t 4. lents as the Prince of laarrinitrins• • LITTLE OF riLdri:R.d. • Tile following private acciweet .of this immix. We aditicvenscrit of British valour and discipline Was written by an °nicer who was a principal at 'lOr in the glorions scow: • On the 25th the French army had retired in every direction. On the 46th they hiaild.abont, and attacked • the vanguard of the Spanish army. On the evening of the 26th they wera.skirvnishing with the odvaisecd posts of the British. On the morning of the 27th they advanced in strong co. linens on the road to Talavera. Gower& Sher. brooks commanded the advance at Cases Lego's. I The advance consisted of General Sherbroulte's division, General Mackenzie's ditto, and General Anson's c.tvalryi . ~ g t ,,_ General Sherhrookololsw Goulds 'Otetle surds.. high gronnd above that' town (Cuss Loge with a view to give them battle, and check tholorl advance. He received sn order from Sir Art hoe Wellesley to retire, mad take post about two. milt* .io the' Tear. He did on, covering his re. irkst with the brigade of light cavalry, Colonel Dorkia's brigade of infantry, atni the Sharp Shooters. This was executed in the most mas. terly manner. Afr ski his ition __:ter taking up . posit. perceiving the British army was not advancing to support him (for it was lying encamped at six miles distance), ire determined to retire further behind the rimer Alberche. 'f he cavalry, in tota l passed over Awl river tO support Anson', brigade, and cuter ibei retreat of the division of infantry. *fhe enemy continued to advance. Ti.. Bel.; tith continued to retire, and crossed the riter..at two different fords. The enemy passed rapidly forwards and followed close. me al ~isoken. zie's division, potted in a wood on the back of the river,. was attacked, and & desperate actioa on. sued. Our brave fellows were compelled to give' way to members. They retired to a plain, where. the other troops endeavoured to cover and sup. port them. The enemy's artillery advancing rapidly, compelled the wholo•lo retreat. This being eff, eted, the men) followed rapidly to .the town, in front of which the Spaniards wens plated-...they gave way. Part of the enemy entered the town, pell-mell, with the Spaniards, baggage, Ike. It ens getting dusk. The retreat of the bag. gage, &c. through close vineyards and olives,' grounds was confused and horrible.- At this am. spent the enemy conimenced a furious attack taut the left. The left was posted on a very high lit in a line with the town of Talavera. Haw these two points our line extended. • This attack was more furious than the oldest ; soldier ever remembered; for a moment it sot. tteded. However, the exertion and glillantry - of , every individual in the position succeeded in re. pulsing the enemy. They left the peak of the hill covered with their slain. The night came on, and the firing ceased. A roost fearful night was passed by the British ens *W ants. Our outposts drivels in—the NM* dithepoisat of nor bayonets—alnaust within oat paraition, well acquainted with every Inch of tbb round —the town of Talavera, on our right, is his possession, as we believed, though afterwards we found he had left it in ins: night. There was nvalley on oar left, under the high bill of our position, beyond its heights, alter. nately in possession of ours and the enemy's en. Daybreak at length appeared; five minutes lifter a tremendous . fire of cannon and musketry succeeded, and continued without intermission.— ft ceased, and immediately came an order for the cavalry to advance along the valley, :to chalk the scattered columns of the enemy,' who hod been repulsed. This was immediately attempted,. hat the enemy had get off. About three in the afternoon the enemy again advanced to the attack—lie h.otight forivard his whole force. lie a - as determined to storm the glorious height which had successfully defied his ettempt, He passed Ares strong columns into the entrance of the valley which flanked our po. sition. Ile advanced to the hill, and swot' the centre, with enormous masses of men. All war • Ntill out ;opt the enemy's guns in the talky, anti a few of ours upon the hill. The whole agony remained in the most awful sue. penes. The enemy advanced with. unparalleled steadiness. At this must tremendous moment en order arrived fur Anson's brigade to advance, aid charge the solid columns of the enemy. TINS order was promptly obeyed. The brigade moved forward in sight of bo:h armies, in the finest or. der ! Generals Payne, Anson, and their Stall,' were at their head. Loud shouts from both mien rent the air 1 When the charge was sonnded, none bat those who were present can conceive the interest of this scene ! Tremendous 'sillies of cannon and mus. ketry were poured among our ranks. A deep un- seen ditch crossed our front. into which numbers of men and horses, who had not fed fur two days, fell. Nothing could divot the transcendent vs. lour of our brave 23d. 'They passed all obsta. des! rode moldy up—made 'a most desperate . charge at a solid square and double close edema of isfantry, and was almost atinitiihted: except I ▪ very few, whom the Almighty permitted to Sc.l turn, all gloriously fell, or were taken. :The heavy brigade advanced to the support of their! brave comrades, and assisted In bringing yff the! remnant of this gallant regiment, who, upon mils t..ring them, appeared only to amount to 119 men and horses. Such was the glorious conduct Of, the 2.3 d Dragoons ! the British army n Inds alt. named its exploits will ever bear testimony of its glory! and history will record the achievements in the brightest page of the womb of the English army ! Though this- noble charge failed in breaking the enemy's columns, it produced this advantageous effect, that seeing himself attacked and threatened by a large body of cavalry use his left, and expo. rinientally feelitig what sort of stuff that cavalry was composed of, he au afraid to ferns his lime, ▪ that gbh height., %violets were tow covered with •ileatii eying, wounded, and eoesploirly worn est imp% were left wettitteketi o end the enemy coo. fined his attack to the.emetee4..mhere they were v;.. gurously reptilsed, and after eannoneeling ti. for !wale thue, t h ey Paired as •noneloeely &ell e n as ever wee a Frehele are/ in the world, leaner in our post.iosion the, geld or battle, 13 pietes of catmint (eight hating been taken the preceding night), some eaglet, and all his drat sod woionted, he retired in the night !whim! the Alberlthd; over which he will neves again Imes!!! FRESH INSULTS UPON OUR CO4ST. We have hail many painful neva/tans In ilotibs the !Inuits offered' to our coast, and the deprede. dons committed on one trade, by the entitt`e /*tett/. We lament to say that then! shameful aggreisicuis continte to be herded on seith impale,/ nity. The following are Wetted - of a lettee trod' ) an intelligent Dover Correspertident *s is Di, Aft. 'll. " Two vessels, under foreign Cll4Ol/ft y went yesterday taken off Dungeness, lay small lereneit privateer, sued retaken by one of his Majavis sloops of war', and sent in here last night. The . captures of British vessels by the encases pries& eves in the narrow channel, between the Senn! Foreland and Peachy Head, Is become truly alarming. Seldom a week pass* but we hoer of some vessel being taken, a'nd tory often of two est three, by a small skulking row.bost. It is mace. tiatly necessary that the merchants and .ondero writers at -Lloyd's should be acquainted with the petilous sitnetton of their property in thiseleannel. It is true that many King's teasels are steobonenfor theespo es protection of trade Goon the Devon to Beachy Head. lint whet is the rad ? They are very active in retaking vessels after they are its possession of the French privateers; but nut so active in taking the privateers themselves. The merchants and underwriters should loudly call for a new regulation in the Nary Department, with r sheet to this narrow channel. If they cannot prettied tin Government to statism one single vessel of force at eeth of the enemy's bar. boors in this new channel (positively, and ant nominally), they May fit oat cutters,• as letters of mune , eirryintonty forty men oath, . mit* in the tot/melon of the ablest simnel Is Mritt place worthi be selikiellt, either tee take bedlam* all the - paltry craft at present so injurrions to 't trade in these sees. When it Is eensittorted Sher, upon a moderate estimate, net lees than 11100,0001. are lost by captures stinitelly its this norms chasm net, sorely the teloptiret 'of some yew system by the Admiralty, ot"rhe above Man by lbctledu,a wirisoo4. datentialli necessary." ~ • Attie the °potato? the dykes by the Meetly in the Island 0S Wileheron, hone* of one troops had to martrh forward, iearly up to theiritneas in water. A company of the kith Regiment of Foot, upon coming to a narrow pass, were or. dered to form two deep. 'Upon this order being given, a grenadier in the Croat rank presently es. claimed, 44 What a useless order! By It it plain we are 1111 Too deep already I" Moth has bees said of the slightness of *tiny of the recently-erected buildings in the vicinity of the Metropolis ; how far some of the builders of these mansions are certain! of the (let-ability- of their rock-work, is rrettt 'trident from a novel clause inserted in the lease ; binding the respective tenants, under a penelty, not to give a Dance oft the premises, doubtless to preterit the i n habit an t% from bringing " a new house about their cars!" On Woduesdanierelinir last, as Lieutenant-Ge. neral Baron Hosteteen was returning from Wind. sor in his. sulky,he.twas stopped between patchet and Colebrouk iee• taillight footpad, wlowdemand. ed his money. by Baron presented the.but.end of ,his whip, whiets forms a begle.hornoutd swore if he did not take himself off, he would lodge the whole of the lead it contained in his brain!. • Th.! fellow asking it for a blunderbuss, quickly disappeared. The Baron, to avoid a second at. tack, mended his pace, and shortly after, as he was driving rapidly, he came 'in contact with a matt on horseback, when both horses were knocked down by the shock, and the Baron's sulky dashed in piece,. The Baron aqd the man, axe ell as their horses, were so much bruised, that it nas with difficulty they were removed; foto. nately they had no limbs broken. bioms, the Smuggler, swam with the rope of a Catamaran round his arm op to the very ramparts of Flnshing, the train been* lighted, and tied close to the pier. Ik gut back safe and un. perceived, and fur some minutes the expected ei. plosion was looked fur with anxiety, but the train had gut wet with the sea.naler, and it did not el. A very lamentable accident happened at Reed. ham, in Norfolk, on Friday se'nitight. It is the custom to get up the meadow hay therein where're and tither craft, and when the workmen are late, it frequently occurs that they sleep on board. Five' men and a boy were sleeping upon the hay in else of these vessels, when, about eleven o'clock at night, during the very heavy Storm of thunder and lightning, the hay gave way, from some tin. know!, cause, and the people sere precipitated into the river, and tow ref the men drowned. ' Amongst the civil actions at the Kilkenny As. sizes, there was one before Baron GEORGE, which elrited general interest, and thronged the Court at an early hour, from the naturu of the rause, the respectability of the parties, and the well-known Went, of thus Lae yers engaged, rro and con. It was an ejectment on the title to certain lands, Sic. in that city, in which Josses' Goetze, Esq. was Plaintiff, and PaTalt RYAN, Esq. Defendant. The •point of. the came turned on au illegal broach of trust for a Roman Catholic, under a friendly bill of discovery, according to the,Staiutes of Quern A N r..1-111r. St/Limpet-Gwent-4.e, for the Defetelent, disOeyell his mighty porters of ell. wiewee, and peculiar manner, a hich gives energy anti feeling to re.sseit ; but when he math! hat el. most incredible peeled of the Statute-Beek pass in review before the Court, every Protestant as well as Catholic hearer seetned to Wand amazed that such laws could ever have had actual operation h any memory. The Joey fennel for the eadant s with LI. conn I 1 1 i, , 1 1 . -, I. t • I. r- i i 14 . 7 , t , i; r , 1 1 ~ i i 1 '.. 1:: . L 1 . ~, C , i ! 1 V i , Il I li i l I ~ I , v ll' • 1 I • i . I • r'