The British Press; or, Morning Literary Advertiser. — London, England, 1808-12-03 00:00:00

It are of sow advantages obtained by Gee. Cis. TANUS 0041 th Emil , . to which consiaccw:.l.! ,•I,••,ht waS Attached. Aft er quitti,tgCurtititsti, Cm' /twine I ceoyettac, hy which we v.-coved thew ek•ouuts, all the Nitteroa frigate, which had been , ru i s i t l,; to the eastward. the Captain of which s tated, that be het received intelligence (hat the French bad attacked the Ilarquia Lts: et ItokAs on the .4th, at St. Vint...lite de la Barques, that .tho battle was most obstinately contested, but at length the French were defeated with very great loss, and the Spanish army were iu consequence of this itueeetw Admit to' advance. The above is the substance of the ititelligence commu nicated by Captain Hawutss, of the Minerva. It certainly is not to tee considetud as official, but it appears to be highly probahle.—tTlic position at st. Vincente de la 13arquera is an extremely tong env, and the French Army moist lister been .vry much weakvited by the ttttt nermis anti ww guinary confliAs in which it had Leen engaged. The Marquis of RoMINA having succeeded Goteral BLAKE. we may presume that they were the dispeirtel corps that had not taken the mote St. Vincente rlr Harqueru, which had assembled at Leon. It k singular that none of the Spanish went or letters take any mike of N awor.Lot4t or mention direct!) or indirectly where he We have received u LiArm Gazette of the 15th vs . ..kb we hive mude some e&tracts.— Thry shave tout has frienu. anti s,irieb in that e..untry, wins have Jared to taihrt:r salt the British truoiss, and eoeourage desertuci u. our army. Letters from hbilta, received by the Messenger brig, if lit glllllb, arrived at Plymouth, mention. iu a summary way, the capture of the Island of Cori by the French. They state, that the v. bole force of the British Garrison consisted of 750 men of the Corsican Rangers, under Colonel Lowe, and 100 of the Wiese Corps. This small force made a most resolute resistance to a formidable body of the enemy, continually reinfoirced, and acting nailer the eye of Mveai himself. No pro positions of surrender were adinittcd, till a practi cable breath was made in the fortress, to which the reiniiiis of the garrison retired ; and then the most houcurable conditions were obtained, the tamps being allowed to proceed to Sicily, without any obligation or restraint. A reinforcement of 1.0 men, under Colouel &TIDY, winch lauded after the armistice war concluded for arranging the evacuation, and, of coarse, too late to take any active part, returned to Sicily with the troops of the garrianti. Thy Corieteefii: packet is armed at Barbadoes, after heating off a privateer. His Me3Ltrrir. slap Sweat, with a fleet under c^nroy, from Portsmouth, arrived at Malta ou the i; ,h of October. _ A report was yesterday prevalent in the city, that Austria and the Parte have declared war ugnaust France. Letter,. from Offirers at Commie, strong whom are General BRODERICK hoist:fly, state, that the utmost exertions are na.itle to gat the whole of the Briti,Ji euvulry up to Astorza. It would he a great aenunition, the Spaicards oirilcient in cavalry. The whole tench force in 13i.ray and Navarre is estimated at more than tio,ooo. The inesseigir whose arrival from the Merliter ra:reun we iountiolierl yesterday, came in the Mau reel, with dispatches ffolll Malta slid Sicily.--Our Piynintith letter sins, hut we believe inuecurately, that an Austrian Messenger is arrived in the Him stref, and that be tame from Vienna by way of Trieste. The dispatches, it is unden.torki, con tain a favourable account of the opposie of the Neapolitans to the Gallic yoke, of which s o me par ticulars are given in our extracts Irons the Spanish Papers. The Gallons Seheoper. SMITH, passed Malta, for London, on the !lath or (le The Pear Tree, MARTta, from Mahga, was captured ria the 161 h of October, ii,ar Cape Spar ta°. by a Trench privateer, and earn, d into Tan giers. The dt/emie, t;eoet a, is arrived in Yarmouth Roads front Gottenbuillt. She parted iron► •the fleet on the 25th ult. in a gale. Te• or three of the Beet were reported to be captured. The Mern►aW, from Jamaica, fur Leith. was /Token with on the 19th October. in lat. 29. 30. long. 80. Wert, bearing away for Charleston. The 14th and 16th regiments of Light Dragoons have proceeded on their route front Exeter for Fal mouth. from whence they are to embark immedi ately for Spain. The first amid seemid divisions of the Itra marched from Exeter on Tuesday and Wednesclay ; they are a remarkably tine boil y of own, appear in high he•tlth and spirits, and cheered repeatedly as they payirri through the city. On Aloililav„ their Real Highnesses the Cow- MAN DICILAM-C . IIIIIIT. and Duke of CAMBRIDUE, at tenJed by the Quarter-Master and Adjutant-Ge neral, honoured the .Itnur•r 1/epartilituts of the Zio•:al Military College. et Great dilarinw, with their . ; they %ere received by the Gower ra.r, ieutenant-Governor, and Commandants of both Depat :lock. Id . -- • 1....i ~_ aiwr:' , s4k. -14 LAW INTELLICENC, K. COURT or• KI:iG'S BENCH, Wsersopirme i Dec 2. V. WI LAIN WWI •NOTIIELL. The only question tOr the determination of the Jury, hi this case, which was en action upon a re eogiiiranee, was, whether the Plaintiff wasuu atteu enemy, a seibret of Frame, and carrying on trade there, amid as anal not entitled to sue in any of the Coons iu thiscountr) ? It had been formerly be fore the Cons t, upon the point ahiether uu affidavit in France was 5 utheirait to huM a person to bail in the Courts here Mr. o . Meitly had recovered no 'cos than I,GWI. amainst a person of the name of Noel, for whom "Mews. Wilson and Colquhuuu were bail. This being the state of the question, it fell upon the ATTOII,II.Ir-GENLMIL, for the Defendant. iu the original action s to skew why the Plaintiff had no right to sue in this country, by his not falling un der some or the descriptions stated in the various counts of the declaration. He argued that D'Meely was au Irishman. and having chosen to settle in France for many years, he no longer owed allegi ance to our Sovereign, mid therefore was not enti tled to any of the privileges of a British subject, as had been already decided by our Courts in ruiner cases. In support of this all. gition, he called William Deblois, who deposed that he knew O'Mealy, and had seen him sc%erat times in Paris, front the year 1796 to 1602. llr had heard hies, in conversation, sat, that he was not asionned to own Ins country. The circumstances which led to this conversation was, that there were ',maw Irish men ut Bounkaux who could not get permitailm from the Dove' ansent to go to some other part of France. A Mr. Miller, who was iii company, said. Mr. a Mealy, what is the reason they will not permit your countrymen to go from Beurdeaux ? " To this Mr. 0 'Mealy answered, " souse of them do not deserve to go any where, but still I am not ashamed to own my country." The conversa tion was not directed to the Witness, but lie hap pened to lse present. He had ako heard him talk of " ha countryman Napper Tandy." Any man t hut saw O'Nleidy would know that he was an /risk. OWN. ........ Cross-elalaked by Mr. PARKE. The Witness proved O'Mealy's hand-writing. lie I • self was an American, and commanded au Americauship. lie did not believe that O'Nfealv was ever recognized as ass American subject. A letter from O' Mealy was produced and read, to prove that he was at Baltimore on the 30th Ja nuary, 1803. Mr. Skippet deposed, that he had known Michael O'Mealy for 14 years, and had seen him in Paris early in the month of September last. lie hid beard that he was concerned in business with Ame rican citizens. Crus4-ezdunined—lie (the Witness) was the Ame rican Consul at Paris. When he tiro knew 3Jr. Olifeu'v he understood him to be engaged in trade .1 % • with and that he was always emiAidemd by the American Ambasaidnr as an Americium et. tizen. Lord ElLLENBoitoucli observed, that the Ploire tiff troglot.have been engaged in trade with Ame rica. ultboitglo he way (originally hare been an itiS6- 111411. Mr. PARKE, for the Plaintiff, contended, that ('Mealy was an .4m, rcan ; and although residing in FranC.!, was to he deemed a neutral subject, and therefore had a tight to site in our Conrts. Al though the Planeiti's name was apparently Irish, yet it was perfectly well known, that America at this moment is peopled loj the descendants of Eng lish, Scotch, noel Irish ; sit that the mere circuna st nice, as to the name, amounted to nothing.— There was not sufficient evidenee of his being a na tive of Great Britain, aiding and abetting the ene mies of France; on the contrary, the evidence al rett.:y adduced tended inure drolly to die», that he wee WI American. Mr. O'Meroly was therefore to be looked upon as a neutral, resident in au ear iny's country. Lord LI.I.ENBOUOUtin explained to the Jury the nature of this action, and the effect their decision of this point wonld lime. The Defendants had become bail for the original Defendant, whom Mr. (YMo..aly had sued, and recovered Ina considerable amount; if, however, the I'l, t i ttt fell ender the dr-4 4 6 1 :60a of an alien vicar, by his long rissclimte in Frame, he could not he entitled to sue ; and if as, the loail fur the Defendant in that actionit could toot be liable ; if they considered him an Irishman their vet-dirt must he for the Defendant ; if au Ansericams, far the Plaintiff; although the Mallon" . was proved to have beam engaged iu IMlsiewss with Aroreoica,woul to have been at Baltimore, in Feb. leo3l, an interval of peace, yet it tniAht be observed, that according to the forms of the Ante 'Oran Government, any one, loy a compliance with them, might he recognised as an Amencirio citizen. If, however, a person orginodly born here, tended in Frau?e, and carried on commerce there, so as to he assisting the cotkomeree of that country, he must he treated as a French subject, and iu civil suits would be considered as an alien enemy. The Jury being inclined to return a verdict for the Defendants, Mr. PU1E141103.4' of further cei deuce afterwards occurring, expressed a preferein e to have the Plaintiff nonsuited. A verdict to tint etfeet was accordingly given. DOC, OW tie:wise of •LLEW. O. n0t.1.A1113. The ATTORNEY-UT:ICE/LAI.. for the Plaintiff, stated, that thie was an action of ejectment brought by Mrs. Mary Allen, the willow of a gentleman. Being left with a large family, and with means very inedeqnate for their support, she hissing a house in Oxford-street, let out part of it in lodging*. The Defendant, Mr. John Holland. a manned man. came, upon the isth of June lag. to *hewer he pleased, and he sbbolgl not be chArg: beyond the time he actually occupied them. -t t. said he was about taking a bowie in Chatlutit - 'street, and winiid quit them at ‘'./..• haelmas, not before. lie had uotiee t quit at 111tclimvinitly t but he *till retained post•easion. Martha Louisa hi sad Stoat. half sister to Mr*. Allen, torroliotistad the former nen in regard to Mr. baying .said he • tvolliti leave the ludginga at Michaelmas, abd not beture. Mr. Gaititow, for the Defendant, sail, that his Client had never agreed positively to quit at Mi. chiwlmas, but that it 114 only a conditional pro mise, if convenient, and if he should by that time have got anutaier noose. In support of this, has called, Hannah nutton, who was in the service of Mrs. Ailey at the time the Dekndant came to the apartments; she deposed as to having heard a coo. %ciliation between the parties, and that the Defend :int said he should quit at Michaelnaa, if he could • • suit himself; that he was aftbr two house*, and tho roughly expected to have one of them ; she could not state the particular time at which this coning tuition took place. Lord EttaNS9ROUGII observed to the Jury, that as the last witness could not state even the portico lair month when the convcr,..ittion she alluded to took place, it might or 'lli _lit not have been the same as that alluded to hr the other witnesses, who said, positively, that the Defendant agreed to suit at Michaelmas ; the question therefore depended upon the credit they attached to the witnesses upon either Fide. Veitlictfor the Ptaintiff—Damagas 40s. While the Court were proceeding with another enusr, the ATTORNRT-UCNERAL informed Lord Ellenhoroegh he had been told that Mr. Joins Hots. laud, the Defendant in this last one, had. as soon as he had got out of Court, seized one of the young ladies, Miss Louise !Host, who had giveu avideuce again.t hint, toad shaken her so violently, as to throw her into tits. Lord Eit.xiinotouou, upon hearing this, or ch,red Mr. Holland to be brought into Court, and that the young lady should come in to give her evidence relative to this attack, as soon as she was able. Mr. Holland aceordiagly made his appearance s and. alter waiting some time— Mist Louisa Vomit came to, and being sworn and interrogated, deposed, that Mr. Holland took her . by the shoulder, shook has, sad told het to go home and sleep upon her conscience ; this alarmed - her considerably. It was done within hearing of the Court, but before they had got down into thia - hull. Her sister was present with her. Jane Allan. her sister. was also called in, and •• corroborated whet had been stated. • • -* Lord ELLIINIOSOUOM addressed Mr. Holland; and. after recapitulating the evidence, asked him what he had to sat- in his defence for such an error mons contempt of the. Cant Mr. Holland answeelkl, tSet he merely touched. Miss Sioat upon the shoulder, .and acknowledged that he bade her go home and sleep upon her cam si. ience. • Lord Et.t.tesoanunsi--. , For this sorir offence I 1111111 you lot, and order, that hoo-ha committed to 1.,../iewgate uutil that tine be pain. It' you should be. I guilty of any future tran.gression of a similar um titre, it will tic matter 01 iurestigation for the Civil I Magistrate." Mr. Holland was accordingly taken into custody, .All and after being a short time out of Court, return.. * ed, and paid the 101. r le was accordingly slischarged, after a suitable address and admonition front ht!+ N ARIA, Ens.. r. sowers. This was an action against one of the sureties for a Mr. Wetkins, who was appointed one of the COl lectors of the Property Tea, for the palish of St. Pancras. Holnorn, he having proved deficient in his cash to the amount of 6061. t9s. lid. The hood of indemnity was executed on the 6th of March, 190.1, and was for the tam of 20001. The ArrOYNIIY-GF.NtaAt. stated the case on the part of the parish. and proted-tbe deficiency by the Collector's hooks mid the testimony of %kat. • l ins himself, and Mr. Taylor, mie of the Commis.. wieners. Mr. PAilig, on behalf of the Defendant, staled various ItKat übjectioria to the wording of tee bond, and die mode in which Watkins had been appoint ed Collector. The bond only stated, that he was desirous of becumiltu a Collector. and not that lie actually appoisitcd. The Statute refrriud to tie+ that of the 434 of the King, cit. 1 , 2‘2, which iv rosir-etive, and states, that the tiat•iea theret,T enacted. shall be raised and collected try virtue .4 as Act to be parsed in the then toreaeot SriIAN% of Parliament. Watkins's issionintinent hail not takes place by virtue of any Act to It passed, lot ae cording to the provisions of chap. ich, in the fainter case of Miiiitharpe, was 'no t ed to b e putting the cart before the hose, slid had ben already the means of on individual u niAment. This inconsistency in the A t eat been rectified, the hone in the present nose awe new est foetus", and it necessarily fell upon the • llaintiffs to prove the breach in collecting ditties according to the Act of Parliament. The person who thus hail acted as Collector, had no legal possey to act, according to the words of the Act of Portia meat. which has never yet been amended. Th:se, and various other lt,gal objections, which were started by the Deft tidant's Counsel, induced ford Etta v Donovan to reserve the whole for a rive to be decided by the Court. and he directed the Jery, in the mean time, to end a verdict for dwit Plaintiff for 3e61. Igs. 1 Id. THEATRES. DRUM...LANE» The new Drama, entitled Vomit or, The Novice qf St. 31ork's, wits repeated at this Theatre, last night. The masquerade scene, in the third act, which gyre some dissatisfaction on the first performance, was entirely omitted. The interest was also much heightened by sonic pathetic senti meno4 of contrition with which the character,of the Courtless is embAlished, and which were ap,,k0.1 with great effect by Mrs. POWELL. The derrout mod was also more naturally brought about by the intrit,lnetion of the Countess in the early part of the third act. These are only some of the iinprot fluent* which the piece has received.— It went off, in tainsequtaiee, with increased effect, awl was announced for future representation, amidst loud and 4eneral plaudits. The several per formers acquitted themselves most succe.sfilly in their reopeetive port.. Mr. H. SIDDONS never ap peared to more advantage, Of received more merited applause. Mr. littlyrutt sustained the part of Ve rna with increased effect ; and Mr. WROUUHSON'S Prior was an excellent i.erforinalice. Mr. PEN LEY was very correct in the Steward; and the little the Author itsitigOrd to Mrs. H. Stone) SS was gives' with all her natural delicacy and softness. The fisher , men's trio was again encored ; Ind the piece. we liege no diniht, will become a favumite. . DURI.IN TMEATILF. Mr. Il tr, formerly of the Haymarket. and late ..f the Theatre, hits made his debut at t h.: I)lll.iiii Theatre in the part of Octavian, in The ,)/nuntsl te-rs. 11.- has also played //ouings. iu the. Tragedy of Jane Share. Dublin critics allow loin souse merit, mai hour for urn irorenient. Miss SMITH but twrforinal Madame Claremont, in Mr., INYtostes Play of.rildriaa and ')mile, with, if possible, wore applause than she ree.eiveti in this country. A Mr. 11tIFF wade his deb•tt in the part of ',dries', eni: was well reee.ved. Curnme's Opens of The Travellers, has lwen got up with great splendour ; Karin, by Mr. lit Lt., and Cc'ha da, by alias Wm.sietN. rite Cuait-dv of The Belle's Stratagem was also in preparation ; the roily novelty of Which is 'I .11iss Lockti, from the iN qulc Theatre, ni the part of Lady Praeres ?roo d. Th e Gigot:as. the Ballet Corps, appear to be in b.h favour. spoil r/ VG. Thu Doke of firtifion's fox-hoo ols, in Northamptonshire, bad, cm l inlay last, a must Lrillialit day's trot. At half. teit o'clock th. hounds came to Greco's Norton, where tlicv were met by tin Earl of Costa*, Lord Southamploa, Lord Juba Fitzroy, and a long train of distinguished sports men After 'ming lit; osier bed, without success, a fox wax to a piece of fort, ainutnia4. lie broke rimert in a must gallant form, mild sithosi.,l. he was followed try upwar:k of • hundred sportsmen at startion, yet his owe attei roininem allured nolv four to witness his &mi. 'I his run, which ex ceeds almost try of late days, was one hour nod toasty fire minutes, without men the smallest utic It, and the wbok time at the rely hest pace. Mr. Liiidon, Tom ROOS, the .eseirllent humus= of th,se bunads Mr. das h:mi, and Colonel ttnost.m, were the only persons who were with the lands fur the lass three quarters of an IWIIPP, the pare and the sirength of the knees basing lienten the rest of the fiu...l. '(be those, hovers:, wore all in toitethcr when the fus aiming a space of MAI' thirty Mies, in 'ctalilr-uard. Mr. Landon, alt,, in North anayton•h:t r ami lx.emtershire. Is Le DIM de to citrus, that he newer rode such a chase, although he was mounted 011 his famous hos* , the Clipper. The Earl mad Gnomes, of Sli./TON arrived, on Thitri.day evening, at their hour, m Arlington tttrert. for the reason, from their seat, in Lanca shire. Sir fignar and Lady lantrrins arrived, yester day, at 6llt(11 Ms Hotel, from Yorkshire ; and Mr. and MI , . thiv N t and fainiiy, at the iarne Ho wl. from Ireland. Her PI - nice/1i of WALE! will' Rive a grand dinuer, to-ium•row, at her Muse at likelcheath. Mir. TURING'S elegant awl furniture. in Devonshire-place, loose later' 11011 4 11 t ivy join. COTTON, Esq. Ina 6,090 guinea.. The Duke of U: ••ill give a wand dinner, tu-moi row, at Chiswick, to a numerous a,- semillage of Nobility. C. IL TR 4cont, Esq. and ()tinily arrived, ye.ter. day, at the:r house in Portland-place, frosts Moir scat at Totidinictoil, Worcestershire. WILLIAM I . t; NG, Esq. and tatuily are expected, this Jay, at their house in Portland.plive, fru.n their seat in Lancashire. Sir 11 ARTI Foot.s.ss has purchased au eki k onst house ill ;04111411C Id•dtitet, l ortmuu-+quire, late rei.iiience of Colonel Bcar.ows, for live thou sand guinea+. 'fbc Birmingham theatre will open teext Mon. day, with Mr- WAT*4/111 . b Coinpiiiiy, from Cheltew. Irvitu. The performances announced are, Speed the Ploagh, flee dad Counterplot. an occasional aditrei, and the iiiiusatAlsle performances of Mr. fttctst.tt. Finee, Esq. left town, yesterday morn• ing fur his seat, at Deen-dine, near Dorking. - Madame Cs r 41,4% II performed at the Manches ter Theatre, for the tint tune. on Thursday. She was to play two nights more, the last thia night. The bowl. have hero raised in consequence to seren We understand that Mrs. BAttlt. the Proprie tor Gf the Canterbury, Roehester.Maitlstnaie, Tun hirid..re %Vella, and Faversham Theatres, will 'hardy retire flom public business, baring contracted with Messrs. Joe AS and PEN LET, Slausgers of ~versa Theal •4r K. tad the arls • Ate of Sts- COURT OF COMMON PLEAS, Loth 13 .-" e - p 7 t Ar rti “ ilc " o ' tai w a y l4 so 4i a f fl m e l r s- te " rt 0 ;7 4 ifie ' l . e - s - i . o - ITen — t . , - an - d - tbe - aijoii - tiugc " o — usity of Sus- married inan, came, upon the isth of June last, to COURT OF COMMON PLP ts, wermixer e.eninenced by inspecting the Gentlemen Cadet, in sec, for the purchase of the whole of the property her house, and agreed to take her first floor, with their tnilitary eserciee., whirls they performed with she has aecumulated with indefatigable industry a kitchen. cellar, ate. at the rate of two .:•oineas per Sluing, of Print. /wore Lord Clue/ riajliCt a stva44iness and pn•cisien. very muchto tfte satisfac- fur these lest thirty years. week. His right to emitinue as truant ceased at 51.tesrrtian. tion of the Royal Visitors. th. %Veilitesday night, as the watchman was going Michaelmas, but he refused to give up the pia- ASAACLT AND FALSE tot:ttvortMENT. The Rer. J. &mecum, A. M. Vicar of En;- Is'o. rounds, in Tottealasm-conrt-road, he perceived session. *mum and seter. e. SCOTT and wiry. lisheomi.e, is eullated to the Vicarage of Kenton, a WOUlatti sitting at the door of a house, witli a has- Mrs. Mary .91nat, mother of Mrs. Allen, deposed This was an action of damage.' for an assault Devon. - ket, which she left and ran off. The watchman as to the Defendant taking the lodzings : and committed on Sarah Miller, and also for catnip; A fire broke out, yesterd.iy morning, at a public- followed her, and took her back to the house, when stated, that although they were let at first for 12 her to be confined in a wetch-hpose. hoes. ii. oefonhotreet, which entirely a child, shout three months old, was discovered, months, from the tith June, it happened they did Mr. Serjeent Snaeurins opened the case ; h e 1 vonsioveil the interior of the house. By the yeti- wrapped up in the basket. The woman was se- not long agree. Upon the 13th of July he wl , l:ed stated that the Plaintiff, were respectable trades- vity of the firemen, the flames were prevented from cured, and she turned out to be is very wretched to give up one room, for which he said he Ir.d no penple. so Sloane-street, Choese.a ; the Defench oi te e•oninun . o...stitm to a l a rge timber-yard adjoining. circumstances. She lived n reputable service pre- ocess:on, mad insisted upon an al,atement of half- kept a poliiie-house in Cray's-lnn-lane. Thy The Mary-la-Bison.. Voltssiterra attended, end times to her lying-in. The iliNitiesate child is taken a-gnioea for it. To this Mrs. Allen wonid not Plaintiff-. Heeomptinied by two f-males, went t o rcad;:ed c..-ery assistance in their power. care of, mid the wretched mother is in a frautic gat& consent, but said he stiiie,t gtr e the wives: up dadler*,- Wells on flu, araning of time 4th of October G ,