The British Press; or, Morning Literary Advertiser. — London, England, 1803-02-23 00:00:00

p , m9IIM Mimi .261M11L ~~ 1.41 v ArrELLIGEIIO.. COURT OT KING'S BENCH, WESTMINSTER, Vs. :2. Beefe Lord VALENVOZOV3H and a . Special jar'. and co. i 7 r t t ied trove:Ll- This was an action of armed and rather singorar nature. It was hrought by Mess. Islet's and Co. opulent brewers, to recover of the Defendants penal ties to the aniount of 8001. and upwards, incurred . by the violation of an /la of 13:h Elizabeth for preventing unlawful conteyances of property. The Aft, after reciting, That for avoiding and abolish ing feired and envinotis reoffment s, gifts, grants, ahenauuns, bonds, judgments, and executions, as well of lands and tenements as goods and chattels obtained by' covin or collusion, to delay, hinder, and defraud creditors and others of their lawful aaions, debts and accounts, enacted;Thatanyperom who should by covin or fraud sue out any execution, knowing of the same, should incur a penalty of.one year's value of the lands ; and also of as much mot ney as was contained in such feigned and covinous security, bond, &c. The Las of the case, as stated by Mr. Easel/se, ware: these :--- otn the 11th Jan. last, a person of thetrame ofJo selth Norton WAS indebted to Mess. bfeux and Co.in the sum of 921. fie. rent' of the Roebuck public-house in flolborn, and in the further sum of 1021. on a beer amount. They put a distress* on his premises fur 44 rent, and arrested him upon the bock-debt. In this situation, Norton proposed to give up the trade to a Mr. %Vilkinson, who was to pay a sum of Money for the good-will, sufficier.t to cover the whole of Meux's debt, and the distress was to remain on the premisiS till this agreement was fully carried into execution. In the mean time the Defendants, to whom Norton was ie.dented in the stun 0f . 4.31. Sri-hed to prevent the Plairitiffs from has the be nefit of the distress, and cf sweeping away the whole property, to the exclusion of the other creditors. They therefore desired their attorney to contrive the means of effeEting a general distribution of the Insolvent's 'reds. '1 he Attorney proposed, that Norton should give the lktfendant a Warrant of Attorney for 5001. this was dome. Judgment was entered up upon it, and exectuien issneti% the consequence was, Wil kinson declined purchasing the good-will of the pre mises, and the goods sere sold by the Sheriff for a sum comparntively trifling, and Mess. Meux and Co. lest the whole of their money. It was contended by Mr. Enserrre, that the Plain riffs having distrained for their rent, and entered . auto an agreement by which their demand was sc arred to them, had no right to be deprived of the remedy the law gave, by the Defendant's taking a • feigned and covinous security for. :5001. from- the Plaintiffs' creditor, when he was in fact only in -41ue..1 to than in 431. It was a fraudulent n4t, and came precisele wiihin the score and predicament of the Aa of Plirlininent on which tire present aaion was founded. Mr. G: ess rested the defence upon the ignorance or the Defendants, with regard to the means em ployed by' their Attorney, for effecting a general distribution cf Norton's property. Mr. %Vito,. the Delen,ants Attorney, stated, that Ee had aged upon his own judgment, in taking the Nl:ari ant of Attorney, an I suing out execution ; and that the Defendants were ignorant of either. Mr. Etitaterts, in his reply, treated this defence as perF.-trtly ridittilons: The Defendants nee - an _ swerniale 11 , r the at of their Agent—they had au thorieed him, as emir Agent, to adept means to counteraa ill.: security the Plaintiffs Erehl ; and if,. in obeying them, he bad violated the express pro- . •:;:itins of a Serene; they were responsible. L.Jrd tr. LNt observe!, that this was an cliZrn on a penal law crcate,d by a very old statute, *lnch had not, during any recent period, undergone tutu coesider.thle.disc nssion or consider,eien. fil;s irn-tanee t'a; ee• on him the burthen or girizq tcTo..itiori of it as he was able. He had no dieieults ire st.n.its. , , that the judgment whicli had teen obtained (.11 i s kii.:llf of Atley and Iluwell, the htfenthrts, f•ir a sum admitted to he nominal, was, It:redolent a-n't void, and that the execution oeeht to la• set asitle ; but he coalessed considcr -2,,,r, diffitulty occt'rred to his mind til)on tie word. inn of part of the statute. It stated; that the parties to such fevaltents, gifts, grants, aliena tions, bonds, judgments, and executions, being privy to, and knowing of the .saree, should be subjea to the spnalties of the Aa. These words raised a doubt whether the Dlendants were privy to the means of carrying their intention into effect. His Lordship haring recapitulated the evidence, seemed to infer, that oh, Jury ought to make their belief of Mr. Wild's evidence the criterion of the yerdiEt they should return. The Jury returned a verdict in favour of the Plaintiff's upon the first count in the declaration, for entering up . a feigned and covinous judgntent, in order to prejudice the Plaintiffs and deprive thew of the remedy the law gave them. Dan:ages 3001. It is said-to he in contemplation to render Lieu tenants in the Navy eligible to sit on Courts Mar tial. The persons executed on Monday with Colopcl Despard were of the following occupations: kocsn- M 1/71 was a journeyman carpenter, Graham a `lacer, iilrrip a publican, li,Tugh , on a jobbing builder, U'efrod and Francif private. in the Foot Gnards. Tema', usual THE THAMEI.—The steam en gine which • was burnt has been rebuilt, and is SVC• ceasfully employed in drawing off the drainage water, which his hithvyto obstrutted the sinking of the 'runnel. The measure, however, is stated as having exceeded the intentions of the engineer, and to have already been productive of much inconve nience to Gravesend, many of the wells in the town and neighbourhood having been likewise drained by the operation of the engine. A most atrocious burglary wise an Wednesday the. 9th inst. committed by nine &rink villains, two of whom were dressed in womens' clothes, in the house of Mr. William Lawsoo, of Heaton, by breaking in at an upper window, and plundering the house of various articles. The villains, after they had plun dered the house a whatever was valuable, sat dowa to x good Cheslige ehecise, &c. and jovially pitched about the glass fee several hoots, taking away with them the liquor they were un tble to think at the time. Raring this noeturnal carousal, a poor girl, tb" only persosein the house (except a man servant . vitt, slept in a xarret at a distance from the Iccite of allioni was in a situation more easily itnagined than espres,ed. She has been eztremely ill from the fright. • • • OLD lIAILE:r. FtIITVAICT Before Sore Svt.s-zs - re!, Crsoatu &rime. til:bael Harty was capitally conviaed for felo nionsfy forgir:g a certificate to obtain certain prize money belen:_:ing to Murphy Rian, a seaman be longing to his: Majesty's ship the .iudatios: ; and for falsely assuming the name and person of the said Murphy Man, with intent to defraud inin of such prize-money. Francis Sewer, Clerk to Mr. Tyson, Agent for seamen's prite-nioney at Woolwich, stated, that the prisoner came to him, on the 9tb of September, and produced a paper, purporting that his name was urphy Rian, and that he had served as a seaman on board the ..efudaciiisti, during the time she cap tured the Ginereux, a French 7+, signed by an Offi cer on board the ship. The witness immediately knew the prisoner, and said, 66 you are not Murphy Rian, your.name is Michael Hany ; I remember having seen you on board the Fortitude." The pri soner then said, he had deserted from the ship he was in some time back, and bad changed his name, in consequence of being pressed again into the service. The witness then explained to him the danger he would run, and the punishment that would follow, if he falsely personated any seaman to receive his prize-money or wages, as it was a capital offence, and but seldom pardoned. The prisoner said, he was not such a fool, as not to be aw:tre of committing a crime of that description—He was then paid the whide of the prize-money, Which was 11. 12r. The witness was sure the prisoner was the person who came to demand the money, as he had' formerly been to sea with him for near two years. Mr. Henry Caithness, the carpenter of the Auda .eiort, said, he was on board of her when she captured the G'ne'reux ; he'ltnew Murphy Rian, and was sure the prisurier was not that person, nor had he ever been on I.oard the Arartiorti. _ _ The id.yiner was then called upon to speak in his. defence. 11_ confessed that he had presented the c.:rtificate for the piapose of receiving the money ; and alledged, that he had been for a long-time sick in an hospital; where he obtained the certificate from a person, who promised to give him five shillings if he got the money of the - Prize-Agent ; in come crgence of which he unsuspiciously went, and re ceived the money for which he was indiAed. _ • The Learned jitdge remarked upon the evidence, and stated that it was a proper and useful Aft of Parliament, that had been made to prevent perscns from plundering and defrauding seamen and others, who were serving in defence of their country.— While in that situation, they were pmteßing the laws and the constitution, therefore none had a greater claim to the benefit of the laws. The pri soner had said, the certificate had been given by a person to carry to the Prize-agent. If that asser tion was true, why did he say he was the person to whom the prize-money belonged, as he was told the consequences of assuming a false name ? Under such circurw.tances, upon the whole, the Jury would con sider upon the evidence given before them, and de cide accordingly. Verdict— Gaiky—Deatb. George Harrison was indicted fur having feloni ously forged, made, and counterfeited, a written paper, purporting to be the last will and testament of Joseph Dean, late of his Majesty's 15th Regi ment of root, and tittering the same, with intent to defraud the reyiesentatives of the said Joseph Dean. It appeared that the prisoner presented the will to a Mr. Judson, an army-agent in the Minories ; it ap pointed the bearer to receive the whole of the wages and prise-money due to the deceased Joseph Dean. On a strid examination of the instrument, it was.cle tetffed to he a forgery. It was dated the 2d of May. 1794, and the paper by the waver-mark was made Ft considerable time since that period. !sir. Judson than Wie had the prisoner taken into custody. From the r*esentatiou of Mr. Alley, it was evident the will was net fer,ted with sufficient correctness to im pose upon any person whO understood business. Mr. Judeesn expressed his belief that no one could take itfor a legal will, from the difference of the time of the date and the making of the parer. On this ground a question arose relative to the legality of the indict ment,' which charged the prisoner with making a fraudulent will ; it could not. be justly considered as such from its appearance, and the general know ledge that every person must er4ercain of its fallacy who saw it. The Learned Counsel cited several cases that went to support his obje ction. After some dis cussion, the Court was of an opinion that the in didsgeat was irregular: It was contended in behalf of the prisoner that he had been the companion of the deceased Joseph Dean, in the West Indies. During their service together, upon one of . the islands, where a number of Negroes had revolted, it was his fate to fall, on which occasion the pi isoner procured his will. A short time after he had been in possession of the same, it was torn and rendered unserviceable ; he therefore produced a copy, which copy had been presented without any .intention to defraud. 'I he Judge dire Bed the .Tury to determine upon the particular objections that had taken place in the prisoner's favor ; in consequence of win& they ac ' quitted him. Jahn 11 , terr, join BishoiN and %phis ilolnrcr, were hulieted f4horgialiously breaking into the dweliing hiene of John Shaw, and stealing frog) thence a quantity of bacon. 'The 'Prosecutor tihaw lived in Peter- treet, Cow cross, at which place he had a warehouse for his bacon and other articles. It appeared that the pri soners broke through the door, and brought out se veral flitches of bacon, but wtre prevented from carrying them oat by the watchman, who took them into custody. One of the prisossers, on his arrival at the watch-house, was observed to be all over white; he said he had been rolled in the snow, but on being exainined, the white on his back was found to proceed from the salt that had come off the bacon ' he had been carrying. The warehouse where the robbery was committed vas proved to be detached from any dwelling-house, in cmsequencs of which the charge of burglary was set aside. The Jury, how. ever, on finding the felony clearly proved, found the prisoners—Guilty of Grand I.nreeny. k',W'aw Sinepon, a .ho? of twelve years of age, was tried and found guilty of 'stealing twenty-four knives and twenty-tour forks, the ptoperty of Messrs. Moliat and Co. Ironmongers. RIGA MY. John Wihrhirr was indiCted for having contracted matrimony with Mary Gardner, his iOrener wife Anne Chapman being still alive. John Clutlmers. saki he knew the prisoner ; he Vas prfter! his maniage ',yip Anne ClL!prnar. on the 23d of Marc!' 1789, an that he gave the bride away,-. Mary gurst was also present at the first marriage betvrevn the prisoner and Anne Chapman, whom she had seen on Tuesday morning. Mary Gardim said 'slie was married to the pri soner on the ‘2cl of 06tober 1802, at St. James's, Clerknwell ; she - did not know he was a married man at this time. On her cross-examination she said she was a widow before she was wedded to the prisoner, and that she had never asked him to marry her, nor had she given orders to publish the banns. She lived in Barbican, in the parish of St. Giles, Criplegate. 'rho prisoner alledged in his defence that he did not marry the last witness, and affirmed, that he ne ver was in church with her in his life, failing how ever to prove his assertion by evidence, he was found Guilty. The capital indiaments being gone through, sen tence of Death was passed upon eleven convies, amongst whom were "inns Windsor, for setting fire to her house ; joirph yenundt, for forgery ; Fortlic" Gowland ; Al:chaff Bony, for forging a seaman's prize certificate, and Moses Solomon:, a boy of thir teen years of age, for a burglary. CIL(' RGE rinlirtßED RV LORD ELLENITOROOOII IN ?Di CALit OF BONAPARTE V. PEXTIER. Lord ELL EN St/ OV' G e.---Gentlemen of the Jury, 1 the case being now closed for the prosecution, and for the Defeudante it becomes my duty to give you my opinion upon the matters et issue. There are three points to be con.sidered :-1, The fact of the publication ; '2, the innendoes ; and :1, the quality and tens!ency of the words charnel. The fad of publicerioe seems sufficiently established by the evi deice. of M. Dehorle, so that whatevet the nature of the book may he, the Defendant is reponsible. The preliminary matter, that Napoleone Bonaparte was First Consul of the French Republic, that there was peace between the teto countries, &c. is admit ted. The lifts are so notorious, that perhaps they did not require proof. The next and the most ma terial consideration is the nature and tendency of the words set forth. Two of the passages Upon the re cord have been represented as ironical compositions upon the factions in France, not as meant to libel the Chief Magistrate of that: country,- and it has been endeavoured to shew that there is no where an in citement given to his assassination and murder. But it is for you to say whether these papers do not con tain matters which tend highly to revile this con siderable Magistrate, and to stir up those over whom he is in authority to make an attempt upon his life. It is my duty to tell you, that a publication calcu leted to do any public mischief, whether by exciting a breach of the peace, promoting irreligion, cor rupting morals, by defaming any considerable Ma . gistrate of other countries, or by the direct and ma nifest injury of interrupting the harmony with a friendly state, is what the law considers a libel. Re cently Lord G. Gordon and the Editor of The Cou rier have been tried for the last offence. The legal propriety of these prosecutions was never judicially questioned. 1 am, therefore, authorized in laying it down, that whatever tends to degrade or revile foreign magistrates is a noxious publication- If there is arty additional obloquy to bring such a Magistrate into coreempt, if there is a manifest i r. to those subjea to his power to rise up . destroy him, this is, no doubt, a great aggra vation of the offence; and indicating a clear inten tion to diseirb the harmony between the two coun tries, is a libel of the worst description. There is no - reason to b:lieve that this Ode, attributed to Chenier, was adtiallyevritten by that poet. The jon nals every day contain letters under feigned names. Consider these words, " 0 eternal disgrace to France, &c. there remains a poignard to avenge yon among the last Romans." Do they not express a wish that the poignard should be used in France which had freed Rome from Cesar, the usurper of his country ? In the other extrade what construelion is to be put upon this sentiment? " (and Romulus re calls the King to mind} I wish that on the morrow he may have his apntheosis." This is a- dire& wish that if he is to be made Emperor, he may encounter death next day. The supposed history of Romulus, whether fabulous or real, leaves no doubt of the meaning of the writer. The words are incapable of palliation. Had they been doubt ful it would have been your duty to have put a fa vourable construction upon them. But we are not to look about for a justification to this act. lam re quired by the law to give my opinion, and after the best consideration I have been able to bestow upon thesubleet, I think there is in these papers a direct and manifest tendency to revile the First Consul, and to encourage plans for his assassination, notwith standing the ingenious gloss put upon them by a learned Counsel, who has this day detended the cause of his client with eln quence aim ost unparalleled. When a publication of such a tendency has appeared - here, I do not see how you can acquit the publisher. I have no clOubt you will do your duty, without allow ing the recolleition of past events, or the antici pation of what may foilow, to warp your judg ment. You will discourage the thought of asses sination and murder. You will recolleel how dan gerous examples of this kind are, and that such an outrage might be retaliated upon the head of all that 'is dear to us. You will not lower the opinion . which is entertained in every quarter of the world, of the unsulliqd purity of British Judicatures, and of the stria impartiality which guides all their pro ceediugs. The case is now in your hands, Gentle men, an& you will come to that conclusion which your reason suggests and your conscience sanZbons. Letters from Ancona give an ample description of two great fishes which were lately stranded mar St. Elpidiu. The weight of each is composed at `..)0,000flos. At first it was not possible to approach them. An anchor, with a rope, was cast into the tail of one of them ; and WO men who pulled at it, were dashed against the ground ; and a boat which vcntured to approach them, was whirled up into the ai:. 'These monsters were then attacked by fire-arms and sabres, and darts were aimed at them, till at length they were mastered. The blood which was shed from these animals, in consequence of the wounds they received, ensanguined the sea . around them. There were four of these fishes ; two of the smallest, which took to flight, were how ever overtaken and caught. Their flesh resembles pork ; and the Italians give them the name of Ca -1 puloglio. SPORTING lATELLIGENCE. MALTON COIIRSINcs MEETING!. In consequence of the frost and snows conti nuing so long, this Meeting, so numerously at tended in general, had but a small assemblage of Members, and on the first day only four attended. lie Prize Cup, however, WAS agreed to he run for by those present, and was dote: mined as under, after two courses : Mr. Slingdby'o bl. dog, Skirmigh, (Mr. Swinferes breed) • Mr. Croft . s black dog,. Simon, Majur Topham's solue and wh;te bitch,Countan, !How deli bred) . • MATCHLS--11RET. Major Topham's brindled bitch, Venus, (got by Snow ball) Mr. Croft's lawn colound bitch, SECONI... Mr. Slingsby's black whelp, Serpent, (Mr. Mundy's • ' bred) 1 Major Tophaas Countess,... 2 THIRD. Mr. Croft's Moe et , g, Farmer,. 1 Mr.Slingsby's Li. uit.4."•it, Harpy, (Mr.SWllli.3l • breed, ' 2 Mr. Duncost se's foxhounds threw off at Hous bam Woods. No private. Coursing took place, but the company assembled at Malton were much gra tified with the display of Colonel Tuonwrot...% sporting, apparatus on their way to Falconer's Halt on the Wolds—A pack of staghounds, a pack of beagles, wolves, a couple of stags, two brace of pointers, and six brace of greyhounds, attended b? about 14 hunters, 10 servants, (French and Eng and the whole closed by a dog-horse, as provi sion for the numerous canine appetites that had gone before.—Colouel Taoa4TUN and a partrof friends in chains followed in a few hours after wards. The Sport at Falconer's Hall this week was, we understand, to be as fellows :--On Monday, at 11 o'clock, Stag-hunting commenced ; afterwards Coursing for the Matches.—Tuesctay, at eleven, wolf and fox-hunting, and beagling.--Wednesday, at eleven, stag hunting and courting.--Thursday. at ten, wolf, stag, fox hunting, and beagling ; like wise conrsing.—To meet every day at Falconer's hall, where tnere will be a Sportsulan's Brenkfeast provided for all the company. NifFsfL INTELLIGENCE. PORTSMOUTH, PER, 2!. Last night dropped down to St. Helens, his Ma jesty's ship La Chifonne, of 36 guns, Capt. Stuart; and, this morning, with his Majesty's ship Intrepid, of (i 1 guns, Capt. Hargood, sailed to the eastward to be paid off. Sailed from Spithead, his Majesty's ship La Vir g:nie, to the eastward to be paid off. His Majeity's ships Woolwich, of 44 guns, Capt. Burton, and Cynthia, of 18 guns, Capt. Wright, are expected also to sail to the eastward for the above purpose. The Chi,7hater, of 44 guns, Capt. Spear, is or dered into harbour. Remains at St. Helens his Majesty's ship Le Her cule. Wind N. N. W. moderate. PLYMOUTH, FEL 20. Great exertions are making here to procure vo. hinteer seamen for the folicsvir.7 ships, getting rea dy for sea at this port, viz. &diva, of 44 guns, Capt. Maitland; Nemesis, of 22 guns, Capt. R. So.: men ille ; Courageaux, of 74 guns, Capt. G. Hardy ; Escort, gnu-brig, and ataleuste, of 14 guns, and Nimble, of 14 guns, Capt. 'l'. Innis. Posting bills, with various offers of encouragement, are stack up at ali the places where seamen resort. DOVER, FEE. 21. Sailed the Nancy passage-vessel, Capt. Latimore, with Mr. Lallen, Mr. Barium, and a few other pas s enger s. Arrived Capt. Hedde, from Calais, with Major Delaney, Major Dalbiae, Mr. D. Lance, Mr. Lovelace, Mr. Fenton, Mr. Andre, and several other Gentlemen : Also arrived from Calais Capt. Baell, with J. W. Hay, and Charles Calvert, Isq tires. I MARRIED. M nJay, at Et. James's chttrah, Mr. B:,:kwith, junior, 0: St.. Martin's lane, to Miss Hoyden, o Pall-Mall. On Saturday, at Lambeth, Mr. W. l'eppercorac, to Miss IL L. Watts, both of Kennington. On Sunday, at Einionion, Jnhn Sherwood, Esq. of Batter . - sea, to Mrs. M. Flaw, of Edmonton. On Niondas, at Lambeth church, J. Ellis, Esq. of BridgP street, Westminster, to Miss liarrtort Bockioaster, d..u;litar of tbrlat J. Bucknia,t,..r, of J 3 Illi Ica, Thurschty last, at his bowie in Percy. street, Sedfori-square, John Morgan, Eq. one of the Priisci?al E7taunnera in the lligh Court ofCliancerv. PRICE OF SfOChs rzsrptovc. Rank Stock lB9 61; 6.xefieq Rills 3 per Cent Red. :3 per Ct.nt.C.N15..... 711; !.i; Cunsiilq fur Feb. ....71 1 1 ; 4 per Cent. Cons. ....Si l l 68; India fin Opera 21:4 5 per Cent. Arm. .... 1011 Ai Rank fur Open. 5 per Cant. - 1797..... 1041 i i Omnium ~ 3.1 disc., Rank 1 ,. Ann....a...11 11-16 .rich ()Innen rn ... Kink Short Ann. ..,..41 9-16 Eng. Lot. Tick..... 171. 15:. India SrtS:k Ditto Builds ......:u9;9 9; 1 Dino Ann HIGH SIV Altt AT lAINtiON BRIDGE. 71141113^Y. MJrning, IChn. titer 3. Aftern00n,.....26m. after 8. WANTED, a SHOPMAN to a Bookseller and S'•ationer, at the %Yost End of the Town, a - . Young Man wao midis-stands something of French, and writes a plain neat ; if be knows a little of the News Busigeais, he wouldsire p re f o sed. Apply (by Letter only, post-paid) f4Sr Z. Y. No. 32, dor royn-street, mentioning partieular4, which will be answered in the cotuse o: a day or two. ale tip CA uttion• • 0 By Mr. KING, At Tom's CJIII•e-house, Cortthill, To MORROW,. the 24th instant, by Order of the A ignee,r, A ChOie Assemblage of PRINTS, chiefly in C.dorgrs, 441.1tantly framed and glazed, in the moat pe►- lett condoling. Among tlgent ate Views of Ragnagate, Hair toga, :41Argate, and 11 , igliton, from Louthcrbourg ; Storming of tirringapat•,tm, and Companion., by Sull;avolgett; ma,/ front Morlanti., We3tall, !U. aith a few Drawings by La porte, Be:angst, Dayec, May be 'roared on Wednesday, and Catalogues then hal. at No. 3e, Kmrstrect, Covent-garden, and the place of S;le. London: Printe4, by J. Cr Li v.?, No 18, Crown-court, Fleet-street; and published there by W. 1 Cat:4lNT, of Nu. 201, Strad. Adveitisytnents and Letters (post paid) must be addreired to the QJce, N. 13, Salisbury sq-are. r