The British Press; or, Morning Literary Advertiser. — London, England, 1808-08-06 00:00:00

?HE Duct OF YORK AND MR ARMY. Ma. EDITOR, Haw can you be so absurd as to insinuate the a ppointment of His Royal Highness the Duke of York to the cominand of the auxiliary forces sent, and to be sent, from this country to Spain ? Do con not know that the place is already most ably * filled, that they haven redoubted General at their head, compared with whom, your Blake's, your Palafox's, and your Cuestes, are mere drummer boys. Sir, if you doubt this statement, read the following extract front The Morning Post of yes terday : RAverses and defeats, as we have already observed," says The Morning Post, " are to be frequently looked for in a war of the descrip tion of that between the brave but undisciplin d Patriots of Spain, and the experienced soldiers s'mJ officers of France. The great object is, to pre %cat the spirit of the people from being broken, said their a :snits from being dispersed by defeat; to make repulse produce fresh and more energetic attacks ; earl to make disappointment lead to victory. Thisis what The Morning Post has laboured to produce." When the Spaniards have a General who can thus convert defeat into victory, atud achieve these wonders, they want no other. We think we have discovered who this wonderful hero is —and, reader, be not alarmed—he is a Noble Spaniard. A vo lume of Tlss Life and Achievements of the re nowned Dun Quixote De La Mancha is before us, from which we have made the following extract : CHAP. XLI. "Of Clavileno's (dies Wooden Peg's) arrival, with the conclusion of this tedious adventure." " These discourses brought on the night, and with it the appointed time of Clavileno's arrival. Don Quixote, very impatient at his delay, began to fear that either he was not the Knight for whom this adventure was reserved, or else that the Great Malambruno had not courage to enter into a single combat with him; when unexpectedly, four savagea, covered with green ivy, hearing 03 their shoulders a large wooden horse, entered the garden, which they set upon his legs before the company, and then one of them cried out, . now let him that has the courage mount this engine.' A long and interesting conversation here en sues between Don Quixote and his 'SquireSancho. which we regret our limits will not permit us to copy. The History then proceeds—.. Upon this Don Quixote mounted without any reply. Ile then began to try the pin in the horse's head, which was easily turned, and as lie sat with his long legs stretelted at length, for want of stirrup, lie looked Weise of these antique figures in a Roman tri umph, woven in some old piece of Arras." Sancho° very leisurely and unwillingly was made to climb up behind him, and the History proceeds thus : " Now both being hoodwinked, and Don Quix ote perceiving every thing ready for their setting out. began to turn the pin ; and no sooner had lie set his hand to it, but the waiting woman and all the company set up their throats, crying out . Speed you, speed you well, valorous Knight ; ' heaven be your guide, undaunted 'Squire !' Now, now you fly aloft ; see bow;they cut the air, move swiftly then an arrow ! Now they mount, and tower, and soar, while the gazing world wonders at their course. Sit fast, sit fast, you're a-ground, Sancho, you don't sit steady ; have a care of falling, for should you now drop from that amazing height, your fall would be greattr than the aspiring youth's that mit gnided the chariot of the Sun his Father. All this Sancho heard, and girting his arms fast about has master's waist. . Sir,' quoth lie, • why do they say we are so high, since we can hear their voices ? troth, 1 hear 'ens so plaiuly, that one would think they were close by us.' ' Ne'er mind that,' an swered Don Quixote, ' for in these extraordinary kind of flights we must suppose our hearing and seeing will be extraordinary also. But don't hold roe so hard, for you'll make me tumble off. IVliat makes thee tremble so? I'm sure I never rode etthier in all my life, our horse goer; as if he did not move at all. Come then, take courage, we make sit ioging way, and have a fair and merry gale— ' I think so too,' quoth Sancho, ' for I feel the wind puff up as briskly upon me here, as if 1 doit't know how many pair of bellows were blowing wind in my tail.' Sancho was not altogether in the wrong, for some strong pairs of bellows were in deed levelled at him then, which gave air very plentifully. So well had the plot of this adven ture been laid by the Dolce. the Duchess, and their Steward, that nothing was wanting to further t:s.• diversion." ITtc ictuaiiu:s r ofthis curious story ne 14841%1 for another °ipso tunsty.l • .1 printer'' , devil. That fine regiment, the 22t1 Dragoons, have re e:•ived orders to prepare for embarkation imme diately. The erl Battalion of the 4th, or King's Own, (Lord CHATHAM'S III:bent) is to emb a rk nn inediately ; is the 24 ttalion of the sgth Foot. The 2d Battalion of the 66th, now at Fermoy, ha* received orders to embark immediately. BoNArstrE l'as issued another decree at Bay onne, which was received in Ifolland on the 27111 lilt. directing; that all American property, seised under the decree of the 2; st of November, should Ivy itiorictliotely sold, cod the proceeds paid into the Caine d'Escomptes. there to remain until the Pool issue of the petidiug nezociation between Fraucc and America. Lbt'lS ATM, On Tuesday last, a Scene occurred at the Pan theft'', Oxford-street, which, if it should conic to the knowledge of the irascible Tyrunt of France, would convince him that the true French, when out of the reach of his bayonets, tivk now ledge ano ther Sovereign than himself. Since Louis the XVlllth's arriral in London, his love for the arts and sciences caused him to visit all the public edifices and curious establish ments of this metropolis. On Tuesday last, at two o'clock, accompanied by the Prince de Conde, lie entered the Cosmorama, to see the ingenious and incomparable astronomical otitablishinent of L'Abbe Vinson. On his entrance, His Majesty was very agreeably surprised to s..e himself sur rounded by more than 400 French Emigrants, whom a desire to see their toifortunate, but much beloved king, had attracted there, and to whom the Abbe Vinson could not refuse entrance iuti 4 Iris public establishment. This numerous and faith ful crowd, conformably to the orders of Louis the XVlllth, did not shout their accustomed try of Vire le lloi ! Vice le Rui !" His Majesty wish ing to remain incognito :—But the tears of j:lr that ran down their cheeks, and the emotion of every heart, and of even Louis the XVIIIth, sufficiently spewed that he was in the midst of his most faith ful and dearest subjects. During the expla natory lecture of the Abbe Vinson, L ouis the XVIIIth made some ingeuiour remarks on the ob jects explained to him, and, on his retiring, he said to the Abbe Vinson, with the Recent and emotion of a father, for whom one had procured the sight of his dear children ; lout ce que rocs weaves szplique. M. L'Ablie, et teat en qwe vows iss* ores fit noir, neis preewri Is plus down jostissanee sous toils les rapports, du n'iti de l'i , sprit et du coil.' du civics.. But it was perhaps the greatest source of enjoyment to him, to whom these words were addressed, since lie had the happiness of bringing together, in his public establishment, his country men and his lawful Sovereign. The English crowd who were assembled at the door of the Pandicoui thought it not their duty to imitate the silence of the French assembled in the interior ; for, on Louie the XVIIIth coming out, they received hiat with many repeated shouts of .1 huzza! huzza !" &e, and, from the highest windows of the neighbouring houses, many people, waving their handkerchiefs and their hats, proved the pleasure which his pre sence afforded them, and the interest with which he ins i , rev the English nation ; who, in expecta tion of a more happy moment, generously receives into their capital himself, his august family, and all his loyal and faithful subjects. BRICHTO.Y. AuGurr 3. . . His Royal Highness the Prince of WALES en tertained at dinner this evening the Earl and Countess Bract Lay, Lord Estaat RE, Lord DeasLetr, Viscount PETERSHAM, and several other Nobility. The Royal Baud played during the evenin,, at the Pavilion, which was surrounded with elegant company. The Steyne had also a very lively appearance—beauty and fashion were united—and flit:played eletant dresses ;—the most prevalent amongst the hastt-ton were juntiwilk and purple scarves, over short white dresses, trimmed with lace ; the parasol, o-la-Espognole, is the most fashionable. Mrs. Ferzigeamer, and her lovely and interesting protege, Miss SEE MOM arrived this evening. AIICIIST 4. . _ . This mr• - g his Royal Highness the Prince of WAtzs, Earl BERKELEY, and several General Officers, repaired to Newmarket Hill. to inspect the Ro) al Artillery, preparatory to the Grand Review, which will take place on his Royal Highnes,'s Birth-day. The Company attended the Race ground at the usual hour, for which the following sport was advertised : TfIVRIDAY. Handicap Plate of 501 b. ilarfoa;,llve, six year 0141, and aged horses. Heats, the New Course. To enter fur this plate by nine o'clock cos the evening preceding. Mr. Lakes's be. e. fuscus, 3 years old, 7st. Mr. Market b. on. Wren, a re old, est. 131 b. His Royal Higlencfs the Prince of Wales's Rubella, bro ther to Castle!, received forfeit from Mr. Mellish's c. Brad. bury, by Delpini, est. 31b. each. Last aide, strop. h. ft. „ - . , Not run. - The company waited a long time in expectation of this race, but had at length the mortification to return without seeing any sport. Only two horses being entered for the plate, the Stewards would not suffer them to run. Great sport is, however, ex pected to-morrow, when they . wilt 1):• probably compensated for their disappointment. The play last night was, The West Indian ; the entertain ments this evening are, Richard the Third, and Oscar and Making. YORK ASSIZES. These Assizes consweaced ou Saturday last.— The following is the substance of the proceeding upon the Crown side up to Wednesday night, in desire:— John Robinson, for blinoting at William Marshal, of ilortifortli—Aequitted. Joseph Jackson, for picking the pocket of Robert Brain:mil, at Doncaster fair—Guilty. Christopher Raper, for being concerned in break ing. open a shop at l'liirbke, admitted emieuce againat ,Ifetcatle and Starely, his associates in the burglary. for littering two fagged hills, with intent to defraud the Wakefield Bank— Cu:lir—Death. Williaea Parker, for stealing a piece of lead, value Is. 6d. from the alum-works at Stow Brow, in the North Itiding--Gailty. Jonas Thackray, for a rape ou Amelia Cart ledge—No IX! fossil. Rant* Alan!fiebl, alias Frances, wife of Geo. Matthews, fur uttering forged Bank of England Notes—Aegnitted. William Oils**, for stealing a piece, the property of Isaac liainisworth—Guilty. John Bisuichard Stacely, for being concerned with Thomas Metcalfe and Chris. !taper, in break ing (+licit the shop of Thomas Gass, Thirsle, and stealing a qnantity of ten—Acquitted. Thomas Metcaye, for being concerned with Raper and Stacely, as above—Acquitted. The Alaromkr, —, and the Arorora, oto Liverpoo!, for thelialtic, are captured and cur t...Ll into Cogauhageu. • 141P - MtgWeeNeiti . ' ."- court cm kiNGI hi., 11 -. ii14 6 / 1 4 OHL t• Sittings at .117 w Prins &fare Lard Chief Janice ELLIINDOROUGII, and a Sprcial Jury. PERAMY. TIM KING a. THosaas.itataw. .. • This was an iodic went for perjury, IN which the Plaintiff pleaded Not Guilty. The ATTORNNir-G EN KRA I. stated the Case, and • observed, that the question the Jury hod to try wee, whether the Defeudailt had been guilty of perjury or not, in giving evidence as a witness ou an issue out of the Court of Chuncery, tried in that Court ? The question was between the Alsignees of the Defendant and a Mr. Bing, about forelniiils on the River Thames. The cirvernitances were, that, iii the year 1783, the late Mr. Mills,:father of the pre sent, let the forelands to millers, some of which leases expired in the year 1797, when Mr. Mills employed Mr. Burke, au attorney, to lease them as the former leases expired. Ile let to the' Defendk ant •270 feet, and Mr. Ring executed the lease; but, on a survey being taken, there appeared to have been only 75 feet out of lease, the remainder being leased to a man of the name of Spratly. A conference took place, and Nairn executed a surresider of the lease, in the pra sense of Mr. Berke and another gentleman.— After this Nairn became insolvent, and a com mission of bankruptcy was taken out against him ; he returned the lease to his assignees as a part of his property, and they filed a bill against Mr. Bing for the possession, in the Court of Chan cery, and the Chancellor directed an issue to be tried in that Court. On the trial of the issue, the present Defendant swore, that the name signed to the release was not his writing, but the Jury did not believe him, and gave a verdict for the Defend eat in that cause, ou which account the indictment was brought. George Good, managing clerk to Mr. Burke, produced the record at Nisi Prigs, and the issue directed by the Lord Chancellor. A short-hand writer produced notes he had taken, on the trial of the issue, of the Defendant's evidence, where lie denied having signed the sur render. Mr. Burke, attorney and agent for Mr. Bing, de posed, that lie wrote the surrender on the back of the lease, and saw the Defendant execute it, and subscribe his name as a witness to it ; it u as on the •29th of December, ilia; ; it was in the parlour of his late house, in Colden-square.—A Mr. Lum ley, Mrs. Burke, witness s late wife, and her mother, Mrs. Sergeant, wereineaent. Cross-examined by Air. DA NUM. The necessity for the release was a mistake in the quantity of let d leased to the Defendant. The Defendant, in consideration, was to have, repaid him, by Spratly, whatever money he bad laid out, which he received, and Mr. Bing promised to let him have a piece of back land whenever the lease of it had expired ; witness did not recollect that, on his former examination, he had said that the re lease etas executed on the day it bore date. In the mouth of October the Assignees of the Defendant called upon the witness ; he sheaved them the lease and release ; they said they were advised that the release was not good against the creditors.— The Defendant, at that time, did net deny the writing to be his. A Mr. Hughes bad inquired of the witness if there was any person except himself present when the release was signed ? and he an swered, that he did not recollect there was any Rer un: present. Did not recollect Mr. Cuonibe swiog ally thing en the subject, and he was positive Mr. Coornb • never said, that it would have been better for the witness's character that there had been a second person present. He did net deny before the Commissioners of Bankruptcy that there was any other person present. Did not re collect the Defendant's calling on him in the year 1804, in company with a man of the name of Ellis. He recollected Lawson, one of the Assignees, say ing, that he never knew the Defendant to sign his name, ‘. Thomas," in full, and that he believed the Defendant had never made the surrender. Wit ness asked him, if he meant to charge him with forgery ? and called a parson in to take down his reply ; but he denied it was his intention. Witness told him he did not care what attack the Defendant might make on his character, for he had been con victed of felony. He had heard the Defendant in tended to prove an alibi as to the day the release bore date, the 24th_of December, but he kept a regular account of the business he did each day, and it was marked in his book the .219th of December. He had the release drawn, and the dates filled up, some days before the Defendant called to sign it. Mr. Bing had received the rent ever since the release was given iu consequence of it. Mr. Josiah John Lumley, surveyor. deposed, he was present when the Defendant signed the re lease at Mr. Burke's house ; what made him par ticular was the colouring of the plan attached to the lease, which occupied his attention, it not be ing usual ; and Mr. Burke informed him his sister had alone it for her amusement. Mrs. Sergeant - and Mrs. Burke were present. Cross-arm:timed by Mr. Aaaorr. Did net swear on the issue that it was executed ,on the 24th of December —was, some stays after this last trial, met bye gentleman, who told him, it could not be executed on thefotls—atiswered, that be did not know why it should not, as about that time he had been for twelve days successively at Mr. liiirke's—he generally kept a memorandum of places that he had been et during the day, but he dial not see Mr. Burke's mentioned ggth of De cember. A Mr. Thurston had told hits, that the Defendant wrist a funeral on the 24th; does not re collect having had any conversation with Mr. Burke, that the. Defendant intended to prove an alibi on the isth ; witness brought it to Mr. Burke's recol lection that he was present. Mr. Bing deposed, he remembered Mr. Burke's telling him, that Mr. Mains, of Wapping, would give Si u-year for the mill seat, and that he exe cuted a lease accordingly to the Defendant ; and he was afterwards informed that the lease was given for a greater complement of feet than he was en titled to lease ; had %meeting with the Defendant. who behaved in the most handsome manner, and offered to give up the lease ; and, on account of his haulsoine conduct, list promised, that when another erase expired he should ha ve th e pre f erence . an d it was his intention to have kept his promise ; :Amite had intended him that the Defendant bad si the release... I (Mitts Linlei i efficif otthe Stamp Office, de pyi l ," that Ai stamp tatilithave i:::u pat on the release befon-tliielyear 18049 aiith.z duty on stamps aas then raised.t.st .alr. -. ~,...7 Mr. WitliaiskAsionheei rotni puNic, deposeds that he had W . em the Dyfendant wrote, and lied o" doubt but the signature ass his; previous to the last trial, the Defandairt bad iiski:d him was be Pilo. peened? he answered.• uss, l!sit he expected he . %mild." The Defenddnt told him he had better go to Gravesend, or tome other place, out or the *ay.. . Andrew 'teed deposed, that lee knew the De fendant's stritile.T, and had nut a doubt but the signature to the release sots his ; hod seen hied sametimestwrite his nume Thus. mid at othors7lo - iwfull. John l)awson, . Richard Francis, flenty Frazer, Samuel Hedftsway, and —6-- 14•Farlatie, corroLost rated the evidence of the Last witiicss. The case ou the par: uP the prosecution cloktd. Mr. DA 'mut, Counsel for the Defendant, guid e that if' it could he supposed for a mom e nt th at th e case of the Prosecutor was proved, it wshs quite en+ expected by"the Defendent ; it had been held, on trial of the issue, that the release. was eeecnted the 44th of December, and he WAS reudy to prove that it was impossible, as the Defendant could not have been at Nir. Burke's, he being engaged tha whole of the day in another direction ; Ms. Lain ley's name 'lever was mentioned as a witness, un til it was brought into Court on the trial of tbit issue; Mrs. Sergeant's name had never been men timed at that trial, and new was introduced ; if she was present, uhy not bring her forward ? It had been said she was sink ; but if they were tint able to bring her forward, they never ought US hate mentioned her name. Ile did not know the character of Mr. Burke, hut he could not think it was so pure as to authorise him to say that he did not care for the attack of such a man as the Dr. fendant. He did not think it probable the De. fehdant would have executed a relcase without any compensation. There had been a number of witnesses brought forward to prove that the signa ture to the release was the writing of the Dams& nut. Ile would produce as many that would say they believed it was not, and they had never seen him sign his name, Thomas, in full. The Jury ought to be cautious before they found a man guilty of an act that would make him hidecus in the e‘ es of his fellow men. They would recollect the I)efeudsut had no interest in giving false evi dence. Its whole property was vested is his cre ditors, and he could have no interest whatever in it. Under these considerations. he could not see how the Jury, under the direction of his Lordship, could avoid acquitting the Defendant. Foor witnesses deposed that they had seen the Defendant write, but never saw him eien Thomas in full; for which reason they did not . belicve the signature to be his. Mr. ATTORNEY-GENEIAL then replied, in a ver y able manner. --.- ----- Lord ELLENBOROLIGH summed up the eridency with his usual perspicuity, mud the Jury brought iu their verdict—et:oy. CHELMIFORD, ESSEX, THURSDAY, ♦UC. 4. The LORD CHIEF JUSTICE mud the CIIIIMBA• son of the EICIIEQUER arrived here last night.-- This morning, after the usual ceremonies, they proceeded to hold the Assizes ; they went to Cotrt rather late, and very little business was done in. day. The gaol calendar is very light, there ns being twenty prisoners, mad the cases, in general s for trivial offences. CIVIL SIDE. Befitre the CHIEF BARON. WOOD v. WOOILIt. Mr. GARROW stated that this was an action for an assault. The Defendant was a person whom nes tare designed for a labourer, or coal-heater, but the freaks of foi tittle had taken him from his wire tural station in life, and would have elevated him into the rank of a gentlentatt, but fortune could not work iinpoeiLilitrei; she bad given bins a for. tune of 1,1001. per armor, and he drove a chariot, but in a way not like any other man. For instance, he and his coachman and footman would all set cif together, amid drive as far as the horses would go, and then they would all get to some low public house, and there, mixing with axe company al could find they would, drink their - ale, &c. &c. all jolly together. But even in this low pursuit of pleasure, the Defendant did not conduct himself with consistent 'propriety, for he generally drew upon himself even the anger of those comi.auiev.— It was so on the present occasion ; for meeting with the Plaintiff at a public-house, who was a vender of fish, after a few cups in friendly chat, the Gentle man had • mind to shew his reit, and therefore he mixed some ale with the other's grog. This to Le sure was rather a free joke, 11411 the fishman thought it a scaly one, and therefore threatened to retort it; but the Gendenrca took the red-hot poker from the fire, and was albout to knock the Plaintiff down. It appeared, however, that the Constable of the Parish happened to be of the party, and Ito being • man of the law, caught the blow, deelerit g at the seine time lie would not suffer such a istapo.s to be used, because it was not • latifal way of knocking • man's brains out. The Defendant was, therefore, restrained from his intent, and only nave the Plaintiff a couple of smart blows over the dead with his fists. It was for this be d.tnianded damages, not vindictive, hut such as would restrain the Gt.-adman from bring too violent in future; if the Jury did not give some damages, they might depend the Defendant would mount blnecockadea„ and get into a new scrape btfore he had driven a stage from the saire town. Only one witness was culled, and he proved an assault, but al.o that it was prpeded by much abu.ive language-,on both sides, the Plaintiff hav ing repeatedly called** Defendant a beggar." Mr. Setjemit Snr:rituto, in his address to the Jury, treated it es a contemptible nation, and not Smith the consideration of the eretrt. The Jury found for the Phintitt:::Damages ciceArr SIDE. Befcre told ELLIMROROUGH. eirtokft MK% eitorgrd ustio stealing a young brown ware, of the value of 44. the property of