The British Press; or, Morning Literary Advertiser. — London, England, 1807-11-07 00:00:00

CIPTIIN COOKE. INSCRIP fIUN menti er ected by ha Widow , t o t he late gallant at I M onu Captaa Cake, in I)olibead Ch.ach. [Wstitles all THE REV. W. L. BOWLEa ] sicr ed to the Mcm..:y of JOHN COOKE, Erg. vie bi tty f Ha Nlajesty'a ship the Bellerophon n the Tisfolgar, em the 2lat of October, 1405, Bevies evinced consummate skill and bravery, Fell, At a moment, glorious inde , d to his Country, ' ,par Hn ted b the vidual teat* of all who knew him. inconsolablye Widow places this 'f ablet To record his virtues and his fate, thd spot of his far ..... ite Ketirrnieut, to which (having left it at the call of his Country) He returned no more ! - - o se merciful to her, Oh Gorl, what beads, Ares mourns the lm.t of Husbands, Fathers. Friends! Oh! when the wakes at naidaight, butto shed Fresh tears of entail% on her lonely bed, Thinking on Him who IT NOT ; then retrain Her bitter thoughts, and her sad hrart sustain. r AAAAA or Malcsu, sbe esatembers still Thy chaseising howl, and to thy WWI !nil will 3 o.s silent, but not hopeless, whths lure ors sat isues to a bright Fe suers r, kursed in letter worlds Taos NA ft`,l4l(o That happthesti she bete can ;LOOT/ nu loure GEIVLRAL MIRANDA. m Afairid Gasettr, or the t7th September, sa p, 44"1"be loans of many commercial houses tes- W I the credit that was given to the plans of this l i bel, whose designs were manifested on a hand ily:rad of English matsuladttire, which was eithi• ird in the neighbouring colonies of the Caraccas, o w ing, at the four corners of it, the portraits of da Home Popham, of General Beivsford, of Wash iron, and of Miranda. united as it were to obtain M ute end, with many rough drafts of naval sic ages, and bordered with these tour inscriu:ions not concusest, but union: let arts, Industry, sa d commerce flourish: religion and its t.oly minis be pt otedled : persons, conscience, and cot:s eam liberated. The portrait of Christopher Colon f i lled the centre, adorned with n.iv:li insig. pia; English colours were added as naval trcpluei; Englaa4 as goddess of the seas ; the lion of :Spain g her feet; a youth rolling up the French ctturs, s ad underneath the following inscriptiuii, gen of day to America,' _ DUBLIN, Nov. B. (la Thursday night I.tst, Mr. Arthur Hume gave isn't splendid entertainment at Szapoint.House. sart flack-rock, to which all that social an.: fashion akasighbourhood were invited, and also many re warble talllitti This sutuptuous Aide. and the former balls at Sea pint-House, nave very justly increased the of thiSCOMMOdIMIS Am; pleasing summer r ebidence, which has been all the season load vary fashionable Our theatrical campaign for the ensuing winter sometenies this evening. Among other candidates is pubtie favour, chit ern shortly appear, we have lard the name ot a Mr. Carlton, late of the York inn*, spoken of in the must Uttering terms. The hotel-keeper and his wife, who were .:hanged with the roisisei y of a gentleman who had 141 Op at their house, were on oaturday last, at the Conami.- Woe, icily acquitted and discharged. • Ar an early hour, ou Saturday morning, a meet took pl..ce at Plubsburgh, between Mr. Byrne. newt eon al the late Ldward flyrne. Esq. ot this ery. and Mr. CiAmart, of Dundalk, when, after dis diargiag a case of pi.tols each, their friends inter fired, and produced a reconciliation. On Satiuday week the Lord Primate of Ireland embarked at Donaghadee for Pottpattick, on board tar Irratworland packet. THE EMALL-PDX. it is a lamentable tact, MAC the Small-Pox is at this time remarkably prevalent and trial, no less than t%3 poisons having fallen Viailln to it, within the bias of mortality, iu the last four weeks. The Lonann Vaccine Institution are taking evei y mea sure in I.:eir power to check the ravages of this (heedful cheese. Its prevalence is justly :writs able to the recently-increased praftiee of inocula tion for the small-pox, and particularly to the great number of persons daily inoculated at the Small-Pox llo‘pital, who convey the contagion to all parts of the town. It is a subjea of deep regret, that igno rance and prejudice ageing the inestima►le disco vtry of Vaccine Inoculation, sisuuld be se strung in the country where it priginated, while foreign nations have so wisely appreciated its value, that the Smail-Pox is now neatly tufo minuted from Vienna, Pans. Madrid, and other principal clues of Europe. Some measures ought immelietely to be adopted to remove this prejudice, so fatal to the community, and which is known to l'xi.t principally with the lower order of the people. Mr. WAITS11S•11 gave nctice, in the Court of Common Council, 03 Thut3rlay, that he should bring forward the following motions at a future Court : Resolved—Must this Collet bovine, on the 24 day of Mo. %er, 1106, resolved to thank Conainolore Sir Horne Pop ;or the very iinportant tertian remit red by hini 111 the (211- twe of Lamm Ayie., at 041 Cit opening • new 'more of coni owe, or the ntanufadorier. of Great Britain, and deprisli.g mammas ef one a the richest and those extensive taunt., in ha ousel:wan •" and also to present to him a sword of tee value of 2110 guineas;" and it appearing, from °mum. stances which ham since transpired, that the said Resolutions ware prematurely and improperly entered nitu, this Court ate of opinion that they ought S. be expunged item the Jour oats of au proceedings. and do hereby direct Mr. Teren-Cliik to expunge the same. That no blerniser ace Con, who bolds any place or sp. poinunen: under Governiueut, from which he donee. en CID. Or who merit:4ll.7 1t1C71130, salary, or allowance, uut of the public money, shall be eligible to scree upon any Con elite; or Commission, under the appointment at this Coon. On Tuesday, the pound weight. used at the House of Correftion. Cold Batbi-firlds. for weigh ing out the provisions to the prisoners. was com pared with the standard pound weight. by Mr. She rif PIIIL ..... at Goildh.,3l, in the presence of the Foreman and several Members of the Grand Jury for Middlesex ; when it was found to be upwards of three quarters of an ounce too li,tht ! Several loaves rd bread were weighed at the same time. which had been sent into the ►ame prison, aud they were also fused corsiderably too light I LAW O.I"fiLLItiENCE. • ' _ COVAT OF CIIMICtIti, War. 6. tau, Katt/orb This was a Motion for Mali, to give security for payment of costs, before Defendant filed his answer, on the ground that Plaintiff was in kw cir cumstances; was a maid-servant ; could nut be found ; that every inquiry had heenroade to that purpose, but without effeEt; that her Solicitbr. her father, and her mother, had declared they did hot know oLare she was, but believed she was at set vice somewhere in this town ; that it was a bill brought against a law and custom of a minor ; that the question nad been decided in three different causes, in favour of the Defendant, and the last cause was dismissed with costs ; that on this pt.-sent cause coming to issue, it would meet the s Inv? late. Lord Lt. nos thought the motion improper, and dismissed it. LIBER'EI OF THE PRESS. Mr. Moir mada a motion to have the Printer and Pubti.her of certain weekly paper, called - Lie I gal Itegist,r, taken into custody for a Con tempt of Coot, a misrepresentation, arifil libellous statement of a motion made its Kock la.t, "for the suppression or the Depositions taken before Messrs. William Kinglake, and Richard Meade, of Taunton, in the county of Somerset, under a commission for the examination of wit netses, in the cause of %Vhitelocke a;ailst Sy denham and others, and that a fresh commission should he issted to other Commissioners, on behalf of the Plaintiff, and that Mess's. Kinglake and Meade assay be direiffed to pay all the Costs. charges, and expenses, attending the trecutton of such com mission. which was chargerl to have been partially sr unduly executed, at Morehead, in the said county of Somerset." Mr. Haat stated, that the publication alluded to was published on the 26th of ORoher ; that it was a gross rnisreFrsestation of the real falls, and made very heavy charges against the Defend ants, as well as the Commissioners ; that even the Coati itself did not escape. He here lead the following parts of the publication, viz.— " There existed in this country a more orange ex& cotton of a ContailsOuil, than that which formed the subject. nutter this motion, and of course, the motion was as pecu liar and uncommon, as the ease we. Yrendinfei and eaten:l'4i. nary.. These C o mm...aim:is had returutd its We Court of Chancery the d •positions of twenty one witnesses, by meaty of whom it appealed, that the Kiiiitifrs name wee WHtfam Westlake, by general reputation, and not Wclhaln Whitntoilte, which 1w was to have proved him.eli to be, in order tether at tainment ut liumeuse estate', which he claims to be heir to, in tire coinage, of Sauteing and Devon, and also ht London, Surrey, and Wales, as hen in tail male and heir general u. Cadens.' Whitelocke, Esq. formerly of the Meddle Temple LAdon s deceased, and Of all tars o ther branches and d.ocreid.! ants of that Cleat and opulent family. How these Commis. wooer could have sent up to the Conti of Chancery suer pa agues against the uurversal no•lthign and coneunent testi. messy of thousands of the itihaormits ui the vast tract of Lind justly claimed br the Plaintiff, !tir. Whiteloeke, is riot easily to be feeolle t ilea to htliladili /tow or 00.01ine• 1051011 roe tnaguiturte„ hurter, of the object, together with the great wealth, power, a.ol lnflu.rtee, oi the reseal orediodlite o. toe great SWAMI in question, 41.1 otriesed to tile P. 11111116; who sun is. fern,. peepers. Toe Fluntiff's tattier died in lean., and io a pour-house, in the parish of etlloolll.lll. 111 the said cueut of *punnet, where be heed aa *eosins to use of the "Imo, churches upon his paternal 'Oates, ignorant of he t , tie, mutat abut two years benne his death, when he was about severity years oat, son without any means of proceeding on gnu eject 'neon. vilatat be then served upon several of the lands The greater number of the wit :asses examined at ',teacher% rat tindtne the nature of the dcporitiors imputed to them, mad. vomatary affulairita to the effect ut deity tog a in paeltlo.o trims, the tact. returned in their depostions; and the motion was [(mended ou those and other affidavit.; but tram the great novelty of such a flagrant charge against Comnssieners, and the Plaintiff bailie in • ant, at that time, of the indispensable deed of settiement or trust of the mutes, the star tut coo rat the Plaintiff's UV*, no relict was obtained by hi.,. ',yen this mutton, except that he was left at tiberty to proceed at the common law, by ejettrnent, or otherwise as his slautild be ad tined." Mr. Haar said, he thought it unnecessary to make many remarks on this scandalous publication ; his Lordsinp ni•ta remrnib.:r what sate true ca.- cumstanc:s woo, and see the abominable attempt to throw an odium on the cliaratters ot not only the Commissioner', bathe Detendants in that a.ause, one of whom he was concerned fur; and hoped his Lordship would order the publishers into conflue nt-rat. He doubted nut. but it would be said that it WAS handed to them for publication. that they piinr ed it without thought, without reading it ;* he hoped that no such etcuse would be taken • that this was only the common cant of a school-boy, and had been so often gone over, that it was time it ihossld be for gotten. But bow eould such an excuse apply hem i atter spreading mon a gin's misrepresentation through ttse extent ot this ',land, nor did the very Court itself escape? He had known many applica tions made to Courts, on similar instances, but such an unauthorised, unparalleled. and unprovoked at tack. he never knew of, through the m.:iliurn of a newspaper. Mr. Nawsotr stated, that he was concerned for the Commissioners, the pity most sei tously in jured. Is not the citaranei of every honest man dear to him ? and where more SO than ill a public calm ? Were not the Consmissioners appointed by Ilhitolocke ? were not the witnesses his °sant did not the Commissioners do their duty ? did not his Lordship express his approbation of their conduit ? Then what does this publication say ? Limy were in. fluenced by the wealth of the Defendants, and the poverty of the Plaintiff. What gentleman will be found to accept a Commissi iu lions this Court, if a vile scribbler of the day is allowed to attack the vitals of his reputation with impunity ? But it may be taken in another point of view. May not this publication be authorised ? There was much en. mity and aspersion displayed in bringing forward that far-fetched motion, might not this be the after piece, and have the same Authos? He trusted that the ingenious scribbler ;night meet the reward due to his merit. Mr. HhALD stated, that he was also concerned for the Commissioners, and would nut take up the attention of the Coon but for a shot t cams ; he was concerned in the motion which this peoncatinu so cruelly misrepresnts. The publishers have not been satisfied with throwing odium on the Com missioners, bat also published their Dames and resi dences in full length. He felt that his Lordship wou ld protett the Court, and every Iversen eating under it. His Lordship, at the time of the minion, cautioned against its uvieg pubsis:iesi ; therefore the Nantes complained of atieil its defiance of tha Court. Mr. Rica A nos, for the publishers, stated, tl•at he had only been consulted about ten minutes before, and could not, with justice tohis Clients, go into the merits of the motion. without reading the el,svits the former motion was grounded on. Lord F.LDON said, the fake representation of the motives of the Court was the grossest ignerance ; lower than ignorance. He thought Mr. Richards right in not proceeding without being fully ac quainted with its merits. Postponed the further heating of the motion until Monday next. COURT OF KING'S RENtlf, WCSTMIWITII, Nov. G. Firtt nay or fir hadmiss Terns. The state of the convifts on hoard the hulks, at Woolwich and PJTlsiti( ilth, was reported, ac usual, 1.1 the Court ; after which, upwards of an hour wa. occupied in justifying bail. SNAIL C. MAIM:ITT. The ATToseer-GteeaAl. moved for a Rule to shew cause why, in this case, a new trial should not be granted. It was x case founded upon an un dertaking that a certain ship, called the fleliy, should sail with convey. The charge was. that she had not sailed with convoy ; she was Inst. and Mr. Snail was unable to reenter from the Underwriters, in consequence of her not having sailed in the man ner at first given out. It was advertised that this ship was to sail with convoy, and cards were aho issued to that effea ; and, in tea, it seemed to have been originally intended that she should sail with convoy; hut the Captain, finding him• self blown off from the station he had taken, whet waiting for convoy, thought proper to sail without it. Under these circumstances, he (the At torney-General) had formnly submitted to one of their Lordships (Lord Ellenborough) that he was entitled to recover against tile Defendant, as the Defendant had most expressly undertaken that that vessel should sail with convoy.. Upon that occasion be had taken the liberty of mentioning a cause at Priur, which was twice reported, called Run guts v. Digett, in Espinasse's Book, page 64. That was a case in which a ship bad been put up in the same way with this one, and yet did not sail with convoy. The PlaiatifF in that case reentered against the Defendant, on the greend that be sustained a loss, which WAS occasioned by that teirestentation. The report of that case stated tharthe vessel was put up aml w mewed to sail with coivoy ; and also that the hill of la ling contained an engagetnent to that effea. - Ile flaying been Counsel in that case. he hat taken notes of it; which, not corresponding with that report, he was led to doubt whether or net he had been mistaken; and thee-00m he bad lately sent for the brief, in osder to ascertain the fatt ; which brief he had now before him g god be found that the circumstances of that case were exaa:y the same as this one. The ship was set up frith no such thing as warranty, but merely with a statement that she was to sail with convoy ; nor was there any mention of convoy its the bill of lading. The two cases. therefore, estaaly resembled each other in evety particular. His Lordship had told the Jury that this did not amount to an undertaking that she, in the present case, should sail with convoy ; but, if it appeared that the Captain never had any such in tention, it would amount to a fraud. Lord ELLANISOISOUGR" I should suppose tbat the bill of ladies would contain en engagemeon of that sort." Arroaarr-Gsuart•t- 14 The truth is, that the bill of lading does not contain all the stipulations, either of tho parties sending the goods, or of the pasty s *ceiling `them." Lord Ettameoatocom If the case you quote vary so numb from the reported case, there is cer tainly good GAUSS foe a new trial in the present iu • stance:" ronstv-GemilleL--." I certainly did cite that case, and observed upon the distiattoo between it and this one, and pointed out tbat the appatent dif ference was not ,u pportc.l by the lass. Your Lord ship did not mach advert to that case at all, and there were go wit :eats called on the part of the Defendant," Lord Eta to soanuos—. 4 You can communicate those particulars, which hive since come to your notice. to the other gentlemen, that they May are the sunouisal in which it stands. before it comes on. I think we had a Case of this kind from Liverpool, imitated Reid e. Martin, where an advertisement was inserted in same of the papers, stating that die . ship was to sail with coavoy, although she did not ; and there was also snorer Case somewhat similar, imitscled Simpson e. Icluoilake. —Take a auk to shed manias and orates a• PALIGRAVS. Mr. PARK moved for a Rule to thew cause why . a new trial should not take place in this use, as it was one attended with very peculiar circunntances. It was a cause which formerly came Wore his Lordship at Guildhall. and the action was founded upon a Policy of Insurance, dated the 16th day of February,llos, upon the ship Mercurius, at Lon don, bound for Tobago and the West India islands, those of Jamaica and St. Domingo excepted. Po. licies in general contained cc: ta.n printed words, such as •• until the ship has moored at anchor. for the space of twenty-four hours, in safety." But in this Policy, these pointed words are erased, and the word at* until unloaded" written over them I so that according to this eatotraa, the ship was to continue until she was acually unloaded, at the risk of the Insurers. TheAttorney-Gerieral relied upon the pay ment of the mosey into Court, upwn the general policy, and theretore he was not bound to ptoduce that policy. In this he was certainly right ; but he, Mr. Park, was now in a condition to prove that this policy was altered after it was subicrobed. This he could prove by very substantial evidence. Upon this being barely stated, his Lordship seemed inclined to give effea to it, and said that he (Mr. Park) might have a new trial. His Learned Friend, however, had soon thereafter produced the policy. but it was then of no use to him, as the Rule of Court stood against :aim, and it was needless to ask whether the policy was not altered, the Rule of Court admitting it as it now stood. His motion now was, that he might be permitted to amend the Rule of the Court, upon paying the money due upon the common counts, together wit'l the casts, and that he should have a new trial. It his Lurtt stop would Luk at his note bock, he Harald ti •st ease Whe.e a verdi& was gut fnr the befendaati on paywnt of coils, under such circumstances. In tl a case of Tothlinson and Biackarnith, in the 7th Vol. of ne Term iteportc, p. 1012. aft s verde.% the Court permitted the Record tb be amended from KIWI. to 1001. ansLaent it.diswn to a new trial.— Rule granted. Tim . nitro, •. Picvon. Mr. DALLAS rose, and expressed a wish that their Lordships would appoint a particular day for re hearing this case. Mr. Gaa a4sia said, he was told the papers upon this martOr, (prbich be had not yet seen), were very numorout, and perhaps it might therefore be thought most convenient for the opposite party to have ex traits made f.om them, in those pelts upon whir:h they wished to rely. Mr. Dat.i.as added, that the papers, although numerous, were all of them to be relied upon, and in every part. Er.t.t. , 4lstour.ri As soqn as the peremp tory days are gr.r.e through, we will appoint a day" II IREAS COR KIS Mr. Viirat.tota mewed for a Rule to uhew come why a writ of flithu.s Corpus shoadd not be 'sated, in order to relieve the perms of a young man, named John Scott, who had been impressed into the navy, and detained on board the Sksfark gun brig. could produce evidence that this young man had never been at sea fur a longer period then from March last, and therefore his detention was not within the statute, which requires men to have been at sea for two years, unless it appears that they Lave formerly received bounty.—Rule granted. COURT O► COMMON FLEAS ...Nov. 6. This day. being the first day of Term. the Court was engaged for some time in the jastifi iug of hail. It then proceeded to hear motions. • 131114 N eni wires. IlLrostorm. Serjeant DZST moved for a rule to show cause why the execution, in this case, should not be set aside ? It was an anion tried at Guildhall, when. under the direinion of the Judge, the least poss,ble damages were given. The veraik against the De. fendant was only for one _WWI: ; but the Plaintiff contrived,in the long vacation, to take out an execu tion against him, for 631. and upwards, costs. The Learned Serjeant was aware, that he could, on the pan ct his Client, set aside the judgment by a writ of Error ; but he was confident the Court, under such circumstances, would not subjen the Defend ant to the plishability ut being imprisoned for the length of time which such a proceeding would occupy. He therefore applied for redress in this form ; be taise, although the anion was originally brought for an assault and battery, yet. in the justification, nn Mention of the latter did appear. Their Lord ; hips would find, by a reference to two CAWS in the 31 and sat Term Reports, that the Court of King's Bench, under similar circumstances. set aside the exetution, upon a simple motion.—Rule granted. naritiv C. °ODD!, RD. Solemn SAUCY moved for a Rule to stew cause why the Defendant should not be allowed to put in common bail. and have the money paid by him to the Sherif. in this cause, restored The application was founded o■ the non-compliance of the Plaintiff with the usual and necessary process cf the Court. The Defendant had been arrested for a debt due in Ireland, where the atlfulavit was sworn before the proper °dicer. In this country the stores was is sued upon the mire affidavit, without a Judge's cider, which the pranice of the Court rendered nt. smeary.— Rule granted. An unfortunate man. who has repeatedly ap plied to the late and present Loess CHANCLI.LeI, stating his right to the title and estates of the Duke of Nom FOLIC, add d himself on Thursday to the LOMD CH•NCIILLOI who very humanely informed hint tbat he could do nothing for him. and on his pres.ing the matter farther, advised him to apply again to some. Gentleman at the Bar for their assistance. T. Marqu's of Sr/arose, who is most inde fatigable in his endeavours to promote, encourage. and patronise the Arts in England, is at present erraing a Gallery, at Trentham, in Staffordshire. to be entirely appropriated to the predation of Eng lish artiste. The Noble Marquis has purchased a outaber of the !est seleßed paintings from the British Gallery, ameonsiderable txpertse ; these, tog• cher with severalothers which his Lordship has eefted. from other sources, are shortly to be seat '‘d to enrich this new depository r.t the Arts. The Gallery is to be tiO feet in length ; it is to be constrated in the most elegant form. Toursday, a number of our gallant tars, who - had been wourded at the battle of Copenhagen. were admitted into the Royal Hospital of Greene with. As Sir JOHN Late was driving a pir of young horses, on Thursday. they took fright in Hendon. and ran away. Sir JOHN was taken up very badly hurt ; when the carriage had gone over him, the horses kept manias on with the carriage near three miles betore they were stopped. Rapidly to its dissolution is the Lottery Scheme hastening. which is sow at issue ; yet, phonix-like, will a Supplementary Scheme spring from its ashes. end give new life to adventure. Helder' of Supple mentary Ticket! and Shares, many of which are yet attainable in the Scheme now Drawing, will not easily be induced to part with them, for that they will speedily carry a premium is certain ; yet will they be objeas of much interest to purchasers. The Ticket, No. 2570. drawn yesterday a Prize of 4:),000t. was sold by Sir Jassu BRANSCOIIII and Co. Proprietors of the Lucky Lottery Offices, Na. 11, Holborn; No. 37. Cornhill ; and SS, Hay market, in Sixteen Sixteenths ; where the first 30,0001. and the last 25,0001. ever shared, were like wise sold ; and where Tickets and Shares are now selling, warranted undrawn. and Prizes paid on demand. J. W•anza, No. 16, Combat, informs the Holderp of Supplementary Tickets and Shares, not receiving money. that their identical Numbers will be drawn over again in the Supplementary Lottery. nt only 6,000 Tickets, giving them the chance of the great Prize. of 20.0001 10,0001. On: Thousands, Five 1-hrodieds, he. ate. Sec. with out any additional' expense, or trouble di changing their Numbers. I ' 4