The British Press; or, Morning Literary Advertiser. — London, England, 1803-01-27 00:00:00

LAW INTELLIGENCE. KING's BENCH, JAL 26. Mr. STAJILANT COCELL moved for leave to file a crintin.ll information against Mr. Lister, an attorney of Scarborough, for bending a challenge to Mr. Woodhall. a gentleman of that place. He stated, that Mr. Lister having a sum of money to pay over to Mr. Woodhall, who was his client, off e r e d it him in county bank notes, payable at different places, remote from each other. Mr. Woodhall objected to this, and some words of anger arose; in conse quence of which Mr. Lister sent him a challenge. Mr. Woodhall treated the challenge with contempt, and took no mauler of notice of it. At a subse quent period the dispute was renewed ; Mr. Wood- Ltll had, therefore, thought it his duty to make the challenge he had received the subject of legal com plaint. Lord EttaNaottovon was of opinion, that as Mr. Woodhall had not brought the matter before the Court in the first instance, his complaint ought nut to be entertained —Rule efused. Dors ex dna r;4SI . RELL v. smrTti. Mr. 0:11114 moved for a new trial in this cause. It was an action of ejectment by the lleir at Law of the Lessor of the Plaintiff against the Defendant, ore of his Devisees. The will under which the De fendant claimed his title, originally appointed two Thviv...es in trust as to the real estate, hut it appeared th a the testat4.- had afterwards eased the name of one of the trii.tees, and, by an interlineation, no minated two others, and this interline-Ann was not attested in manner required by the statut of wills. Upon this ground, the verdict ha 3 b-en for the Piaiiitisf. The learned Counsel said he should con tend, on the winhority of prior adjudged cases, that t 1 c era.sitre of the name of one of the trustees did not pretlitd- the estate from vesting in the other, and that the interlineetion of worts, without their attezaeti, did not invalidate the will, hut left it . or ration precisely as if there had been no such The Court granted a rule to slow cause. LUCA 4. Mr. P.RPE moved t'Gr a rule to shew cause why procee.ii,•gs in this CM'S!' should not he staid; the cost. of the applicator, paid by Mr. Castle, the E:orney, o: by a Mr. Joseph Hill, or that both to se persons should answer the matters of the affi ..4 The Defendant, Mr. I.u: ac, was an attor w: • •-; the Conn, and was surprised at haviag had a hit Wes! against hit.), at the suit of a Plaintiff of the name of ;are: he could not recollect ever hay be?... had any dealings with such a man. lie there fs re called upon a Serjeant at Mace, whom he tit...l,A, likely to develops- the affair. He was in fo? riled that Joseph Hill had said, he had formerly nr J him for a debt, an.l that he would he revenged. The Defendant then wrote to a Mr. Farr, at Dover, who was a:4VA to be the PLiintiff. Mr. Farr replied, by letter, th4t he was an entire stranger to him; that the affair was a very extraordinary one, and that he conceived his name had been made nse of for some improper purpose. Notice of this motion had been saved on Mr. Castle and Mr. 11111. Mr. Gs a sow made a similar motion. Lord Ei.t.sseoaoui.ir said the ground of the rw.tions appeared to be the abuse of the process of the Court. Mr. CARROT replied in the affirmative. I.ard ist.s.avoaouon. There is an imputation fifth's son to be discussed in a day or two. I" hough T make allow.mces forpersons sending letters to me, in (nese/uric, of the situation I hold, upon subjects in which their interets are concerned in this Court, yet I can make none for similar applications on the part of Attormies, who ought to know better. have receive, a letter from an Attorney; containing a statement, anticipat'n7, the subject to which I have alluded. If this occurs again, I shall take cam to put it in a penal shape. COMMON PLEAS. 111fMARWON V. MACHwicc Mr. Serjeant Bc'r moved for a Rule to drew rause, why A new trial should not be granted in this case.—lt was an Aaiun brought to recover damages fyr the dote ntion of 11 hides, seized by the Defen dant in Leadenhall market, agreeable under an aft made in the reign of Ja meg, which directed the Nolen and inspectors of leather to seize such hides as were found to be damaged and unfit for sale.— On the I hth of December one of the Plaintiff's ser vants conveyed the hides to market, the morning following they were seized and carried to Guildhall, white an examination took place, and five of them were condemned. as they appeared to be unfit for use ; the remaining 26 were returned to the Plain tiff, on his making a promise not to bring any action against the Defendant, fur detaining the why le of the property. It was contended, on the part of the Plaintiff, that the hides had not been sent to the market for the purpose of sale, and that they appeared to he damaged from the t ffect of rain, that had fillen upon them during the night. The Defendant hav ing also made application to prevent an action upon the occasion, was suffiLient evidence to convince the court, that the property bad been unjustly de tained. Mr. Serjeant SHtPHEinD observed, that when the hides were seized, the most of them appeared to he damaged in different parts; the inspectors, there fore, instead of cutting off those particular parts, had taken five hides, which answeredto the propor tion of the leather found seizable, and returned the rest that hid been detained. Lord Ate AN v adverted to the evidence for merly adduced in this cause, and it appeared that the property had been sent by the plaintiff to be sold. The Court was satisfied with the former de cision of the Jury in favour of the defendant, and the rule was refused. CLARICE V. BACON. - In this case an action had been brought against the Defendant for speaking defamatory words tithe Plain/A. The subject had been referred to two persons of the names of Timbrell and Miles, who, , an case of their disagreeing were to appoint an *Unpin. They had appointed a Mr. Simms, who awarded the Defendant tom y Ma The De fendant kidieeed Mr. Miles, of the arbitrators, for retry ; the Cana came on for trial last Term, Ithes. in eoemeolsolo of the appointment of Mr. Semi se earlee. mot Wise proved, he was aequitsed, widows raging the *arks of the ease. Mr. artilarit laltsT-11110W shelved cane ordott aemies die as saaathalos for disobeying the award. • He was supptirtoll by Mr. Sesjeant Styr. They contended that, the deficiency of psoof.of the ap pointment, on the trial for the perjury, was con clusive as to its non.esistence, consequently that the umpire had not been legally invested with such character, and that his award was therefore not binding. Mr. &leant VASJOIAN argued on the other side, and produced an affidavit expressly stating that the appointment was in writing. Lord Atvant.sv considered that tht deficiency of proof on the trial respecting the appointment of the umpire, was not conclusive as to the fact : it had been positively sworn, that the umpire had been duly constituted, therefore his award was final. The Rule of the attachment was made absolute. POLICE. C C 11.13 II AL T. Yesterday George Sin eh and his wife Ann, were charged before Alderman SMITH with stealing a seven-shilling picze, tile property of Mr. Richard Ealand, a butcher in Cloth Fair, Smithfield, by what is called ringing the change:. Mr. Ealand told the Alderman of the prisoners coming to his shop, and purchasint , a piece of meat, which came to Is. 7d. for which he received a gui nea from the female prisoner to take payment ; he acct.rdingly pulled out two seven-shilling pieces to give change, and put them on a table, which being seen by the man prisoner, he took up the two seven shilling pieces, nd saying he had got silver, threw them down again, when the witness returned the gainea, and they went away ; but his man desired hint to take care that they had not changed the se ven-shilling pieces, he having heard cl a similar trick in the neighbourhood ; upon examination, he presently found one was bad, and the prisoners were pursued to a wine-vaults, when they were taken into custody. Five guineas and a 11::If in half-guineas and seven-shilling pieces, all good mune..., were found upon them. The Solicitor of the Mint attended, and recog nised the male prisoner to be a John Dalton, who had been formely convicted 4 for circulating ha , e coin—he Was fully committed for trial, but his wiie was dis charged. Thomas Gold,/ was likewise fully committed for stealing 4.3 yards of striped cotton, the property of Mr. Burney. Yesterday morning arrived 'a mail from Jamaica, brought to Falmouth by the flualand packet. Monday evening the Judges again as , .embled at Serjeant's Inn, and heard the remainder of the ar guments in the case of Easierby and M'Farlane. The decision of their Lordships will be declared at the next Admiralty Sessions. His Royal Highness the COMMANDER in CHIEF has appointed Col. SPLMC La, of the late 23,1 Light Dragoons, to bf! In.pecting Field-Oilicer for the counties of Cumberland, Westmorland, Northum berland, and Durham. _ _ His Excellency the Lout) LIEUTENANT Of IRE LAND has been pleased to appoint the Right Hon. Ca Ut: as HENRY St. Jonm, Earl O'Nxia, a Go vernor of the county of Antrim ; and the Right Hon. RcIBERT Lord ERRIS, a Governor of the county of Roscommon. Sir RICHARD CLAVTOW, Bart. Sir J. H. HIP PR‘LRYs Bart. S. SPRANOER, Esq. Master in Chancery, and J. Rucotts, Esq. Barrister-at-law, are called to the degree of Benchers of the Hon. Society of the Inner Temple. By a recent letter from the island of Trinidad, we learn that a number of opulent adventurers have engaged with great spirit in a project for harming a great number of plantations of the cocoa -tree, which is the most profitable tree in the known world. In Jamaica it is not unusual for a single acre of cocoa-trees to produce to the owner a clear annual profit of two hundred pounds. P. LANOMEAD, Esq, one of the Representatives of Plymouth, has purchased, for the use of that port, from Mr. GRAATHF.AD, at his own expence, a Life-Boat, to be applied for the preservation of ship-wrecked mariners. Tuesday General Amoar.ossi, the French am bassador, hit secretary Mr. PoRTAI.Is, Baron JA co 'I, the Prussian Ambassador, Mr. Sc m Lt. EN NINCK, the Dutch Envoy Extraordinary, with Mr. COWERERDT DE MONBREDT, French Commercial Commissary, visited Messrs. liaact.av and Co's brewhouse in Park-street. Southwark, and after ex amining with great attention these extensive works and machinery, they were elegantly entertained by the opulent brewer, according to the old English custom, with a Stob-Hole dinner. Amongst the company present were Sir ROBERT BARCLAY, Bart- M. P. Sir JOHN MACPHERSON, Hart. Mr. Alderman HIBBERT, JOHN HILTON TRITTON, Esq. hanker, and Colonel BARCLAY, Consul General at New York. _ . _ _ Such is the state of some parts of Spain, that Lord and Lady Hos.' AND have found it necessary to have a consider - 4bie escort in their travels. According to a plan projected by the A RCiinuic CHARLES, all the inhabitants of the Hereditary Do minions are to be counted, to form an estimate of the number of persons capable of bearing arms, in any unexpefted case of emergency. General MACK frequently assists at the Council of War. It having come to the knowledge of the Imperial Cabinet, that there now exhibits a manufacture of false Vienna Bank-notes on the French territory, an estatette has been sent to Count CORENTEF L, at Paris, charging him to make the most urgent re• presentations to the French Government, to obtain the arrest of the delinquents. Letters from Havre, state the arrival there of.one thousand three hundred French florn Maestricht, to embark for the Island of Dominica. Letters from the Russian confines, dated the 213 t h of December, say, " The ports on the Black Sea are to be declared free ports. All articles of traffic may be imported into them, free from duties; and the Duke de Ricust.tau, Lieutenant-General in the Russian service, is appointed to the principal di rection of the affairs of those places, both commer cial and militaiy." . • General MORZAU gave a dinner a few days ago to several Officers who served under him derma the war. Near the end of dinner his guests called for the cook, and unanimously decreed him a odractlwe of imam An order for it was immediately given to one of the first silversmiths •in Paris, and the allegories to be engraved pn it are said to carry with dim dm atom curious elusions. • ~. _.-- NAPAL INTELLIGENCE. PORTSMOUTIfi j AN. 25. This thoritteit the Donegal , of 84 guns, Capt. Sir lUStrachan, sailed with sealed orders, supposed for the Mediterranean ; but before she cleared St. Helen's, the signal of recal was made from the Telegraph, and she has since anchored at Spithead. There are various conjectures as to the cause of her return ; it is most generally believed that she is to take dispatches to Gibraltar.—The Hercule, of 74 guns, Capt. Ferris, is ordered to be fitted and stored for twelve months, and to sail immediately for the 'Mediterranean. The Censor gun-vessel, Lieut. Atcheson, is ordered to Leith to receive seamen. The L eda and Theta frigates, which sailed on Saturday to the East Ward, were obliged to re turn, owing to strong easterly winds. PLYMOUTH, Jail. 24. Letters received here from Jamaica, dated the 2. nth of November last, state the accounts from St. Domingo, received there, to be particularly dis tressing to the French fleet and army. Previous to the death of General Leclerc, he disarmed the whole of the 6th regiment of men of colour for cowar dice, and attempting to join the Brigands, and with their wives and families had them conveyed on board an old transport, which was scuttled and stink. The whole harbour was soon covered with floating dead bodies : the poisonous stench arising from their putrid state, and the heat of the weather, occasioned dreadful mortality both afloat and on shore. In one French frigate lying in the harbour, Out Of '270 men, WO died in six weeks. Every day boats full of dead bodies were seen drawing to wards the shore ; the letter, Which is from an intel ligent Officer, says,. the French Officers publicly declare the affair of the conntte4 of St. Domingo is very similar to the unfortunate busintss of Qui heron with the emigrants, in 1793.—Letters from Lisbon, received by the owners of the Lord Nelson schooner, dated Jan..s, state her safe arrival there in good condition, with a cargo of pilchards, &c. for Venice and Naples, for a market. She sailed the nth of November last, and has been ever since beating about the Bay of Biscay, trying to gain the Strait's Mouth- in the most tremendous hurricanes and mountainous seas ever seen by the oldest sea man on board. Capt. C. thought it prudent to bear away for Lisbon, where he arrived safe on the 2d instant, all well, with a great number of vessels of different descriptions and nations, some in damage, all waiting a wind to push through the Gut of Gibraltar. Came in the Ann, of this port, from Falmouth ; and the Hop, from Swansea, with coals. Came in the Henrietta, Capt. James Poingdarter, from Honduras, bound to London, laden with mahogany : she is considered as the latest ship from the Bay ; and when she sailed there did not appear to exist any disagreement between the English and Spaniards, as has been so generally stated in all the public papers ; the Dasher, of 18 guns, from a cruise ; the Los:ra, of London, Capt. Fothering ham, from Jamaica, in thirteen weeks, bound to London, laden with rum and sugar ; the Victory, Capt. John Newel, from St. John's, in '29 days, hound to London, laden wi►h fish and oil and In Bonne Mere, Capt. Louis Leumone, from Mar seilles, bound to Havre, laden with soap and other merchanclizs, after a passage of 47 days. AN. 23. Arrived late last evening,the hired brig Regulator, Capt. Redman, from Toru•ia, in '25 days, with the Leeward Islands Mails, which were intended for the Lady !Mart packet : but that vessel, on her arri‘ al at Harbadoes, found, by the scaled orders she car ried from hence, she was to sail immediately for Jamaica, which she accordingly did. The pas sengers by the Regdator are, Captain Kerr, and Mr. Btsh. Arrived also the Antlland packet, Schuyler, with the mail from Jamaica, which she left on the 18th ult. There were lying there his Majesty's ships Go! ah, Santa Varpritta, Woolwich, and b . /pig:y.- 0n the '2Bth nit. in lat. 3'2. 0. long. 69. 56. she ran her stern on the wreck of a large ship, bottoth up warcE, and carried away her cutwater, the packet then going at the rate of seven knots an hour ; in consequence of the shock she received, every nian was carried off his legs ; fortunately no lives were lost, nor was any other injury done to the ship—it blowing very strong they could not make any fur ther discovery. On the 30th ult. spoke the ship Mary, of and from Greenock, bound to Norfolk in Virginia, then in lat. 34. 54, long. 67. 56. ont days, all well ; and on the 10th inst. in lat. 41, 36. long. 31. spoke the Betsey,. of and bound to London from Jamaica, all well. The Auckland brought no passengers. His - Majesty's ship Cerderus sailed on the 7tb ult. from Jamaica with the mail for England. YARMOUTH, JAN. 25. The Hope, of Hull, Capt. Dougal, with bran dies, which lost her anchors and cables, and which was obliged to run for Harwich in the late gale, arrived here on Sunday, to deliver some brandy at this port : she drove from her anchor on Monday morning, and the gale continuing with sleet, she drove on this beach on Monday evening ; part of the cargo will be saved ; none of the crew have been lost; hut the vessel it supposed to have received considerable damage. The Ariaaa Pieter Ne//ar, Lion Crays ' master; and the gonge Catr'na Korne- Chiel Kuyper, master, two Dutch schuyts, with passengers, which they landed at Lowestoff, were, on account of the gale, obliged to slip from their anchors, and run for this harbour, which they ruched with great difficulty.—The sailors at this port have entered into a resolution, not to proceed to sea without an advance of wages ; in consequence of which, the merchants not being willing to com ply with their request, the ships are prevented from sailing, as they compel the sailors to leave the ships. Remain in these roads the Lynx sloop of war, which is entering seamen at this port.—The gale still continues at east, with sleet. braii, 3A14. 2r4. • Sailed through the Downs, the Lady Shaw Stewart Barry, for Montserrat,. Caine down the Mien, for Leghorn, and remains itith His Majesty's ships as per Last.-✓ Wind E. blows hard. DOVER, JAN. 25._ Arrived from Calais, the Rambler, tapt. Dejo beeP—aho PArtif; Captain Baele. In the latter ♦es sel, Colonel *Farlane, of the 72d regiment, and Mr. Gee, *ith•their families, were passengers. No departures, as it blows to-day too hard front '' , K:riP the Eastvrarci for any , veuei to attemjit td erase UM Channel from this Port. ' FROM LLOYD's LIST. Tke Benjamin and Elisabeth, .Henderson, from Hotainnti for London ' is put into Charleston.. The Providence, Lewes, from Bristol for Exeter, is lost off Exmouth. The Elope, polies', fnim Charente, for Hull, is onshore on . . _ Yarmouth Roads. The London Packet, Swaine, hors London for Lynn, is on shore near Poole ; also aucalser vessel, supposed to be the Union, Head, (rum Lon4ga. The Ceres, Thompson, and Flyinetah, Miller, that were oa shore near Whitby, are got of with little damage. The Dumfries, Gibson, from Dumfries, for Liverpool, which was said to he lost, is safe at Dos/Alas. A Brig with timber, from London for Liverpool, is on shore in Dundalk Bay. ARRIVED. At Barbsdoe9—the Atlas, Richards, from London. At St. Kitt's—the William Manning, Digan, from London. At Antigua—the Flora, Grant, frons Mad Kira; Favourit: Richardson ; Jam.s, Henry, from Liverpool ;. Baltic Mer chant, Smith, and Cumberland, Drummond, from London. At Domini :a—the London, King, from London. At Jamaica—the Nesbit, Wood, and Undaunted, Mayon, front London. At Grenada—the Orion, (Away, from London ; and Rosa lind, Suttle, from Africa. At Op wto---the Telemachus, Wells, Harmony, Wells add Sodulus, ,from London ; Mer s•ut7,Richard ; Dispatch, Church ; C oieral Prescott, Brand ; Jove, *, and Elisa beth, Dern . .ster, from Newfoundland. At D ....rara—.4lte Thames, Bin*, from Africa. At Cowei—tho Arid, , from Bilboa, and Hope, Lubbiwk, from Damerara, with damage. At P.iole—the Jane, Gallop, from Bilboa. At Weymouth—the Enterprise, WIICOX, from River Plata, Ana and Hope, Lung; from Batavia, Stag, Hanaun, from Mes-dra, end N. S. del Carmen, —, from Balboa. At NI ifard—the Diligence, Griffiths, front Lisbon. At Itri tol—the Mary, ii:on Virginia. At Falmouth—the Felicity, Smith, from Virginia, and the Venus, Toz:r, from Teneriffe At I loylaka—the Venus, Dallas, from Baltimore. At Liverpool—the Hope, Daa.mn, from Virginia, Hobson, Booth, and Fanny, Williams, from Lisbon. At Clyde—the tiat,th, Bowden, from Charleston. At St. Kites--the Hero, Smith, from London, and Isabela, King, front Cycle. At Grenada—the Charlotte , Mouter, from London. At Charleaton—the Mary Ann, Ingal, from London. .Ft. DOMINGO. Extract of a Letter from Kingston, Jamaica, dated the 21st November, received by t he Mail of yesterday : . . " We have just received letters froth Cape Fran. Os, and Port-auXrince,syvith new of the death of General Leclerc, after a few days illness+ That event appears no ways unfortunate for St. Domingo. as there seems now to wail more spirit and more confidence in Rochaineau, than in the late Chief of the Government. This new General has esta blished a defensive plait, which is to be kept till the arrival of the expected reinforcements. St. Marc is not to be evacuated, as Leclerc had ordered it. Christophe and I.);:ssalines are with the brigands, bert they will not venture any more before the gates of the Cape, since their last defeat, and as they can not at present depend upon a party in their layout in that town, nor in Port-au-Prince, kilo thousand doubtful negrots beru . ng been, in both places, transported to the sea, (deports a la meg-) ; amongst whom were all the c:-defiant black guides of the General in Chief, 2ord of some other • E t iropean Generals t besides, some Generals and Officers, known by t!.eir Repub lican Principles, have brow embarked for France. deneral Dal ; na, and three of his Al les-dtt- Camp, poisoned themselves the discovery whit h was mad.. of a plot, for placing themselves at the head of the Blaeks, and overturning the administr don of Leclerc. greatest dissentiou previa; in the army where Jacooini.sm has a gra , at influence. The system is now a total twirls nation, which is a measure deemed necessary for recongtkoing the soil. _ " The plain of the Cul tic Sat is untouched there the nei,Troes, cultivator, protect the plantations, The mountains of Grand Bois and Mirabelais are preserved, and have a French garrison. The south ern part is maintained by a very active Atilance and vigorous measures. The Black General, La plume, is there the Commander in Ghief, to the great satisfaction of the inhabitants, who preferred him to the French General Desbureaux, who has been embarked and sent home. Laplume is the only Black Chief who notv has a command ; but he wishes to go to France, and he will obtain a pass for that pnrpose. Nothing interesting is expected till the arrival of fresh troops froni France." -, I it s a t •et • "tr LA flr t t 14.:. a~ • • • ^ll MALTA. Extract from a private letter, dated Maka t Nov. 29th, 1802.—" We have had no private communi' cation for these months past from Old England men of war, however, have arrived, some of them with dispatches, but sailing under sealed orders— why or wherefore cannot ray ; no letters have been received through them by the garrison. " The evacuation of this island is not likely to take place so soon as expected : the British troops confine themselves chiefly within the works of La Valette, consisting of about 5000 effectives, inclu sive of about 200 of the Royal Artillery, and a de tachment from the corps of "Royal Engineers. Seve ral 2d hattalions of fegiments have been reduced, and about 100 Officers belonging to them are on the eve of embarking for Eng Land. 4e A most tremendous storm happened here on the nigh: of the 244.u1t. It commenced about se ven o'clock in the evening, and continued most fu riously to blow, rain, 'liken, and thunder, till day light: the damages done have been considerable ; a breach full, fifty yards in length, was made through the fortress : other parts of the works were actually washed away With the rainy besides six houses and a church beat in by it. An t ordnance transport, with powder on board, had her foremast carried away by the lightning, which at the same time, set fire to her in different parts, brit luckily it was ex tinquished by the great torrent of rain then falling, without any serious damage. The lightning struck in several points of the fortifications ; a ship lying in the mole was totally di:masted ; considerable dad mage has also been done in the country parts. ,* Both troops and ships in this waiter are m the highest serviceable state,thoughneither bye ny means trumberous : tumotirgives out that the whole is to tel relieved in the course of rotation : most of the for mer hate been on service previous to the commence ment of the war. No Grand Master is yet arrived; though, by accounts, one has been elected some time past. A French. General is now resident in this island as a Minister from that swim 4 'I ~~