The British Press; or, Morning Literary Advertiser. — London, England, 1807-11-10 00:00:00

LAW INTELLIGrNcE. COURT OF CHANCERY. N.*. 9. LIBERTY OF THE PRESS. Mr. HART moved the Court, that the further consideration of a Motion made on Friday lab% to have the Printer and Publisher of a Newspaper, called The Level Re:icier, taken into custody, for a contempt of Court, by inserting in that Print a *is representation and libellous statement, be put off until next Saturday, by which time he hoped to be able to find nut all the parties concerned. Mr. RICHARDS, for the Printer and Publisher, said, his CFents were making every exertion to find out the Author, so as to exculpme themselves. The Loan Cstaiicett.oit said, he doubted very much whether the producing of the author would eseulpate the publisher of a public newspaper from a contempt of Court. In the case of a libel upon an individual, it was quite different ; for he could have a remedy by applying to the Couttt of Law. His Loid•hip was therefore doubtfulthoier far the Court had a right etrinterfere. He Ghoul& iecone n,..rd it to Sir Philip Hales in this case to make ap piLation to the Attorney General; but officer 3 *fling seder the Court, certainly had ari to claim pro teaks. His Lordship concluded: giving his assent to its postponement until y. COURT OF KING'S BENCH, Nov. 9. PELL. v. T.M.0111. The ATTORMIT.GeIIiaIIL moved for a new trial in this case. It was as eaten which had been tried at Guildhall, on the 7th July last, brought by Mr. Pell, thl Commander of a revenue -cutter, in stades to recover the prodacebf certain prize. money, addax horn the capture of certain Dutch vessels. The hilts of the case were t"eset—This Mr. Pen had been Commander of the Hind reverue.cotter, of which a Captain Allan had formerly had the cam mend. Against this lanes Gentleman a complaint bad been male, and he had been tt led by the Offi cers of the Customs. and althi..uAlr absent, was found guilty of certain idanges s.ia Commission was ordered to he delivered up, and the seal was torn off it. On • representation, however, being mad*. the matter was re-heard, and the sentence of dismissal reecinded ; his C. nunisi n was deliveted up, and dated as his /turner Commisan.m. In the interval between his dismissal and reooration, this vessel, the Hind, captured certain prizes. e. hile the Plaintiff in this cause, who was formerly mate, was ailing as Commander, and this was previous to the formal declaration of war, or At least the issuing of letters of marque. As Pell was airing without a Commission. the disposal of the Captain's share of prizeinoney was in the Crown. His Majesty. by his warrant, dated 4th July. /SOS. dirtßed the Agents to pay three-eighths of tlm proceeds to the Commanding Officer and tie crew of the revenue cutter the Hind, or to Robert Taylor. General Prize Agent for ell capturt4" made by cisfters ersh played in the service of tttftevenue and eiaMbeiss.l By that warrant the panicbllr disnibution 'is tr." reaed to take piece in the following manner : "Tot the Commander, the 14.3811 art, to tbe Mate,:itier 7.32 d part, t., the Deputed Mariners, the 3-9.1 d Part. to the blatinen, the remaining 8-32 J _part ; be. if there he no Deputed Mariners, one Will to go to the Commander. 1-4th to the Mate, and another fourth to the Mai i;iers. At this time. Allan, who formerly ' bad dm Commission, was absent, and Pell, were lad ao Commission. was commanding the cutter; eo that there being no legal Commander, that share eattally remained surdisposed cif, and the Warrant in ce in that respell continued trnoperated apes. t had, however, struck hit lordship leaborengh) that as this was intended as a reward for eaual service. Pell was entitled tft the prize= money. The Comptroller of the Cuomo's. ergo was a witness in this case. said, that Pell was di react to keep the cutter at Ma under his command, end although he was not paid as the airing cam. ! mender, he vas allowed vidiaallit.g money as such. A letter was also written authorising, Pelt to aft 'in the mean time. From the circumstance of there being • Deputed Mariner. the Captain's share was less, and that I>epated Mariner, said. that it Pell was acting as Commander, then hp (the Deputed Mariner) was acting as Mateo and therefore entitled to a Mate's slime ; while Pell says, that in that case he (the I)epirc.l Mariner) not beill entitled to the Deputed Mariner's share, would consequently en title him as Commander to a greater share. Sup posing. therefore, that Pell was entitled to recover as Commander, his (she Attorney-General':) appli cation would then be, that the verdict should be re duced to such sum as he would be entitled Co; sup posing a Deputed Mariner to be reckoned amongst the number. It was for their Lordships' decisioo. whether Pell's acting as Commander lifted up the Deputed Mariner to the situation of Mate. and left no Deputed Mariner. It did not appear from the tvi deuce. that the Deputed Mariner over acted as Mate. The lad. however, was, that if there was a case where a person who was absent was entitled to his share of prize-money. it was this, because Allan was put mat of the command by gross injustice; he (the Atteeney-General) was' not, however. contending for Allan, bat was con tending nn behalf of Taylor. that the prim-money in tries sa e ought to be otherwise disu abated.— Rule Li aiii•d• merara, and part of the sugar was supplied from the river Essequibo. Upon this point arose the contro versy in the present instance, the river Essequibo not being mentioned in the policy, and not being under the same Governor, or at least the same Deputy-Go vernor, as that of Demerara. If the Plaintiff wished to show that this River was included in the descrip tion in the policy, by the name Demerara, it was in cumbent upon him to prove that it was so included by custom ; but upon this point there was no evi dence at all. The River Essequibo was much larger than that of Demerara, and the sugar was brought in large schooners or doggers, during which o?era- Lion t 5 hogsheads of the sugar were lost. lie, therefore, submitted, that the Insurance could only be applied to goods lost in the river Demerara.— Rule granted. INSURANCII TWlStett end OTHLIS v MI. Mr. Vitems owed far s Rule to spew cause why a ne W trial should it take place. It was a case tried 'it the last Anises for the county of York, before Mt. Justice Chambre, and was founded upon a policy of insurance upon a vessel called the 704 i, loaded with flour, at and from Hull for London. The Plaintiffs were millers, at a place called Fosten Mill, about 20 miles from Uull, to which place there was a communication from that pert, by means of an artificial carnal. The regret was a very small one, drawing only four feet of water, and was part ly loaded with flour, at Fosten Mill, partly at another place, within 16 miles of Hull. and about 16 sacks more were put on board at Hull. The policy was subscribed for 5101. on the ISth of February last ; tbe vessel was last upon the passage. 'Dm De fendant argued that he was ignorant of the small. nest of the vessel, and that it ought to have been communicated to him. as the underwriter, where this s'oop was to take in her cargo; that the words " at Hull." being alone expressed in the policy, the Plairriff could only recover for that part of the goods that was there put on board. 'the Jury, however, had f and a verdift for the Plaintiffs the full amount; bat if their Lordships should he of opinion es th him, that Hull was alone the loading port for tWs vessel. the damages might at least be diminished by a %.rdia prououriced upon a new hial.—Rule refused. INSURANCE. RAIN& V. illtAL. Mr. hf aRY ATT moved for a rule to shew cause why the verdict given for the Plaintiff, on the 7th July last, at Guildhall, should not be set aside. and a new trial grams!, as being a verdia against evidence. ft was an atition brought upon a policy of Insurance, upon a packet bound from a et rt un port in Spain to London. with li'oerty to touch at any other port in Spain, without prejudice to the Insurance. The ship bad gore to Spain for the purpose of taking 7n a cargo of [mit, and after doing so. she on her way bsck touched at Gibraltar. tier touching at that place. how. ever, he contended was mines:. sla t y, and that Athit underwriters were discharged, becativ she . there took in an additional freight. It appeared, that whenthe ship was .e)out to sail with her (air, there was a great scarcity of provisions, o:casione... by the King of Spain having come with a va s Whits*. attended with a great body of men, ti: telebtatesoine marriage in that quarter, and tha: they Me up all the provisions that could visits's h proemod. Owing . to this scarcity of provisions, the ship, it was said, had been 'rider the necessity of making this deviation ; but shetber this was allow able of•not,sbeat least could not he justified in taking en beard any addition to her freight,. as that could net dime without producing delay. She took on board a large quantity of dollars, and old burnt salvor knee, for which bills of lading were signed to three dement traders in this count, y. The ship Was eltionately wrecked on the coast of Sicily. Under all the circumstances, he could rove, from Various Precedents that this was a clear deviation. out account of the precedents, time taken up iu putting on board this additional cargo. After several other observations, both from the Connie' and the Court, the Rule sought for was granted, on the point. whether the taking of the dol. lan on board this vessel. was to be looked upon as a deviation? CORPORATION OF NORWICH. Riots R. lIAITGULLL. Mr. GA RROW chewed cause against a Rulp fils merly obtained for a new trial in this case. This question related to the eleaion of an 'Alder man and Common-Councilman for the city of Nor wich, and has already been before the public. It arose from the right of certain individuals to give a vote upon that occasion, they being in a different quarter. serving as substitutes in the militia, and consequently not immediately resident in the city, and had not been so for sit months. Mr. G• ROW argued, that as the persons alluded to had houses, wives, and families in Norwich, and were liable to pay taxes and poor's rates, they were, although absent for a time, to be considered as inha bitants of that city. Mr. Wtaso s, in support of the Rule. argued, that by the Ad! of Parliament their immediate residence was absolutely nece.sary, in order to inuitle them to •ote for a Councilman for the pardculas ward in which they so resided. The Court thought this a matter of great conse quence. and well worthy of consideration, and were inclined to think that the ail did require aelti al residence although the taxes and poor's rates might be otherwise satnfied. rho case was accordingly ordered us be put upon record. WARRANTY. wie.l.l. 9. Rise awl ovum. Mr. Gissow moved for a rule to chew cause why the nen suit obtained before Mr. Justice Heath, in this case, should not be set aside, and a new trial granted. The declaration stated, that the Defendanu exposed for sale a number of limbs, which they warranted as both Down, sad sowed stock iambs, but when purchased by the Plaloall, they were found to be soaciond, and not stock lambs, being afflifted with a distemper called the tot.--Jtula granted. INSIJILANCJL emotes v. Isaac itelliiLkalk Mr. Parma moved for arida m Maw camps airy a new trial should not take place in this mess. It was an maim upon a policy ot insurable,' a vessel loaded with sugar. holm Disimmus, to London. whim was tried at Guildhall before Lard Llesttso. mak. so Lately as last Mariday. la entirely de pended upon the vitalisation of the whirls, DIAL. NOV. S. in this case, included the risk of boots in conveying flailed this morning Hi s M a j es ty' s s hi ps C apta i i, freeruon't 4. and Raty ' with the outward-hound, the sugar to the must which l a y i n the river of De. ftc. under convoy, Mr Portunooth.—Wind S.W. MURDER OP CAPT. SARGEANT. Various accounts having appeared in the London Newspapers, relatite to the death of Capt. Sergeant, we are requested to insert the following Circinintantial Account of that melan choly event, which is framed fiem the Depositions taken be. frs the Coroner, and front the cuocurrent testimony of the per.ons engagei ia the scene : On Sunday se'anight, at noon, Mr. Rhodes, ef Chi chester, was robbed between Mr. Tyson's house and Cocking; on the alarm• being given, the pursuit commenced in the woods, in every di reltion. and Mr. Tyson took the line of the road from Singleton to Midhurst, accompanied by his coachman, Charles Walker. At Midhurst they were joined by Mr Blake, and went to Mr. Symons's, where they found Mr. Poyntz and Mr. Symons al ready on horseback. It was immediately agreed to go in quest of the footpad; Mr. Poyntz pro posed their having arms, but the general idea was, that it woutd consume too much time. Violent suspicions having long been entertained against James Allen, dies Marshal, a native of Graff ham, and a deserter from the Sussex Militia, I 3th Dra pens, and other Regiments • the party proceeded immediately to his (Allen's) father's house, at Graff ham, which was found locked and apparently empty. They requested the Rev. J. Sargeant to have the house watched, while they went on the pursuit, which Mr. J. Sergeant wanted his brother 'Capt. Sargeant) to undertake; but be preferred going after the man, and said he wold get a pistol and follow. Mr. Poynts desired, in that case, he would being Mr.Druittaa reputable and alive yeo. man) with him, as he knew much of Mien, and had met him, on the bill. at a place called the Teens* Gate. The four gentlemen, and the coachman. proceeded op the Hill, dividiog into Lao parties, and agreed to meet at a point, and to rally at the scum! of a halloo/ Messrs. Poyntx, Tyson. and Walker, rode through 6*V:foci to wards a lone barn in the coppice, at the edge of which Mr. Poyntg descried a inan who was coming briskly towards him, a plashed hedge being between them I—Mr. Trent and Walker at some distance coming up towards Mr. Poyntz. With a view of ascertaining if it were the man. Mr. Poyntz neared him, and at about 20 yards, asked the way to the Teglease Roads, and receiving no answer, repeated his question twice, when the man replied. " Up there :" and then mended his pace. At this moo ment, a shepherd. with a large stick, came chten be hind the man. and Mr. I. asked, if he knew hint f The shepherd said, •r No." Mr. P. convinced it was the ohjeft of their search, turned his horse to wards the man, gave the signal Haase! and called out to pursue, ss for that wis the robber." The man immediately thrust hu hand tender his coat. and sheered the bun end of a carbine, keeping his eye fixed on Mr. Poyntz. Mr. Tyson and Walker coming up at the moment, he drew out the piece at arms length and fled into some very thick bushes. here C.ipt. Sergeant kneed the party. armed with a pistol : The man was lo,t for a minute. The shepherd spewed where he went in ; the horsemen surrounded it, and were closing up, when Walker saw a hat, gloves. and a cover (used for keeping a gun-l-ck dry) on the ground. He dismounted to take them up, and discovered the man about two yards from him, flu on his stomach under a thick i‘o-h, hut tl.e muzzle of his piece WAS pointed to Walker' , body. Seeing him cork it, he Jumped on one side and hallooed. The man sprang up, and ran cl.twn the wood, without hat or sloes; a.'d pas sing close to Capt. Sargoarit and the shepherd, they pursued him, as did Mr. Ponta, wu s Was nearly SO yards behind :hem : -r was off his horse. and Mr. Tyson somewhat r.t ..er up the wood. At ter dodging through the veta and bushes, the man made forfora fence of high, thick, growing black thorn. closely'pursued by Cupt. Sergeant and the shepherd. Mr. Pnyotz could see none of them for the bushes, but heard Cast. Sergeant say, " If you don't reap, / aria shlst wee ; —but no, I rat shoot WWI ember." Mr. Poyntz then rode to the sound of the voice, passing the shepherd, who was out of breath. and unable to stir. and soon after, heard the report of a piece, about thirty yards from hint, in the thickest part of the coverts. Mt. P. immediately forced his way into it, but could neither see or hear any thing. Searching about. he repeatedly called us the untortunate Capt. Sargeant, when he was joined by Mr. Symons, and while thus employed, Mr. 'lyson called out, Mat Cayt.Sargsaal was aatd. Finding Capt. Sargeant was quite dead, they left Mr. 'l'ysun and Walker in charge of the body; still hoping to secure the villain, whom the shepherd had again seen on his knees. re-loading his pace; they proceeded through the wood of en closures, for abeat half an hour ; Mr. Blake and the shepherd going in another direftion. coming on. and losing all traces of the man, in a , thick wood, unarmed, they gave up the plusuit.—. Measures were taken to prevent the murderer's es cape. The military and country people went out the next morning, at day-hreak. The footsteps of . a man without shoes were traced down the bill, into a coppice near Graffhans ; and after a long mani a . he was discovered with his piece in his bands leaded, and cocked, determined not to surrender; rhea he Saes Nei Sy A taunt's / men. The bedroom known to be 'hs.t of James Allen, of Graffbant, and identified by nine or ten persons, whom lie had robbed; and Mr.Rhodes's gold watch was found upon him. The Coroner's lrquest found a verditt of Witfai Mimics against James Allen. for shooting Captain &wait: and a second Inquest found a verde% of Justifiaik Homo ode, in behalf of the man who shot Allen. The following communication was on Monday ported at the Mension-Houte:-- COAL-MARKIT, Nei. 9. Ships ■s Market Sold. Price. 53 .. Newcastle 2 ..9,tndertand V ..C.oders Yestetda...Lent M Diir—.HoUday at all the ?Alai Offices. MATHS. On Wednesday, 4th November, at Dalkeith Horse, Sob land, Lady Caroline Douglas, of a daughter. At Fdinbolli, on 1.1 November, Muth Campbell Hamilton, a Llishinf, of a son. MARRIAGE. On Rowan, talk Pions Cognitive"leo, Mr. C. 111 1 Ileft of Yink-.trot, to Miss Thomas, of Merge Meet, Bedford equate. Admiralty (ce, Nov. 7, 11507. I am commanded by my Lord. Conttniestasersof the Atinti t.oty to treason( to you t h e loctaad or of a sooliicatints saht, h their Luolihips nave firectrd to be inserted in The Lade. Gnt•tte• I h.,e the honors to be, La. 'loth, bight Hon the Lord Pala)or. W. W. POLE. The Lord- Comnii.sunn is of the Achnindtv take this public rneth.id a tends mg their hush appshbati,da of Cu- zealous and sphited coohLet of these thfieers and semen Otte, on the shortest notice, steed ferment so ' , Ammer their services in as sisting to bring Mow from CopellhaKen the Maids Meet, and to empress the just ese►e liesty entertain of their great shiny, as represented by Adnatrel Lord Gambier, is t h e esemces en which they have been outplayed. (Signed) LIIGHTON, Meyer. The Ferorwiir, BOA°, from °Deg*. for London, is towed into Hannah, basing been ms shore. The Horissam. Boas, from Oporto, is Ism awe St. hes crow sad pan of the car=e MATH, On Satorday night, at hie home ie lerilnewl•court, Charter home-square, nod 19, the Rev. hiambro Rain*, kat of St. Stanwick, end Rector of Mar like, in the county of York. and Dwane lat Cheater. HIGH WATER, THIS DAY, AT LUNDUN•IIIIIIX:L. Morn. 1.. aim. doer .... 10 Cyst U... min. alter.... 10 SALE BY AUCTION. Br LEIGH and S. SOTHEBY, Brinkerßets, at their house, N. led, Strsurd„ opposite Cathe rineoareat. en THURSDAY. November It and Eight fol• lowing dare (Sunday excepted), at T w elve riClock, AIIICELLANEOUS COLLECTION of WOKS. in winch are incised d the Duplicator of the late Mr. Bunten, Bookseller, sit Winchester; eonsisting of • very pod Colleasne in Easlish History, Voyages, Travels, and &Olen Loured. Likewise a *whist Prints, among "pinchers an unfinished Etching of Ilegarth, the Fishery and Spanish Pointer, a prise, by Woollen, Classics, etc. &c. To be viewed to the trans of Sea.--Catalogues to be bad, price W. at Use placed' sale. LONDON :-.41n . UDAiIbSON, No. 17, Delneb• aeon, e-yortet, Coyest-garden, and ribboned at ehe Ltirler's No. 15, leek of Si Clorsont's Ceuich. Stead, br W. STUCK. of No. 7, Now Seem-en-et, Lostg-Acto.-.. Orders, &c. foe this Papa, sort es tee Wks, (keg Pad) wdt bsi deli &needed to. NAIAL INTELLIGENCE. roarsmoutio. stow. B. Sailed His 's ships M w Mahe and Bonet, for Gummy ; thr a &S is appointed convoy to the Westward; and the lishdoslan to the Eastward.— There is a 'maven is sight. supposed to be from Mout* VidiserMiad Westerly. TORBAY. MOY. S. Sailed yesterday the fordroyant, of eo guns. Rear Admiral Sortie, and Amason frigate. for Ply mouth ; sad this day the ilikerma, t 29 guns, Capt. Selsomberg. for Plymouth, to receive the flag of Skr Sidney South; also sailed the gds.", hired armed cotter. for Portsmouth. F SHIPIrP A Portugetse brig, of a. out lon tons, ba l l from Oporto to Sligo. and laden with ai oranges, and cork, was driven by the it , nil Wednesday last upon the rocks near Portreath, the north-western coast of Cornwall. Carnal 810 . 13111, of Swansea, whose vessel was ling the pier. pushed off in his brat with five men the assistance of the ship-wrecked Iry eigner but the violence of the start upset his bow, at three of the brave fellows were drowned, a himself and the two others were driven en shi senseless, but happily recovered. The crew the brig. consisting of eight men and the C min, were all saved. Lord Da DUIIsTAIVII and Colonel Jona LIMON arrived on the a l , in time to prevent the cargo becoming a prey tot populace. Capt. RCYkOLDs% company of Pr reath artillery was assembled. and assisted in lai ing and guardir.g the cargo, great part of wh has. in consequence, been saved ; but the vessel quite a wreck. The three men, who lost their ii in their humane exertions to save the Portugu from the wreck. were inhabitants of Portreath. of them, JOHN Caowruaas, has left a widow a seven children. In the violent gale on Tuesday morning, a vt was seen to go down, about three miles north of Bar of Ayr, the particulate of which will be fo in the following letter s "Ace, Moventber 3. " I have now to Worth you of a very met choly business which happened ) off this bar this morning. A brig was seen to the south of the Bar. carrying a good deal of sail, it was blowing very hard from N. W. The vessel sew to the northward, and, of coarse. was gettin g ma in with the land ; abont 10 o'clock a.m. it came to blow a hurricane; the vessel had then taken all sail, except her two close reeled topsailsund fa and aft mainsail I it was then very squally, al *trout half past 10 o'clock she was seen to go dot off the Black Rock, which is about three miles to northward of this. About one o'clock, two wa auks came on shore, with Mercury cat on th e and, by three o'clo ck, the whole beech, In the harbour south to the water of noon, r covered with wreck, such as masts ' yards, I as also lemons, oranges, sad corkversod, th pipes of wine have come on shore entire, and many staved. There have none of the corpses es on shore, or nothing to give further conirmsti of the vessel. than the water casks. A &tad' party bum the 91st Regiment hes been station on the *oast, to prevent depredations and colt the wreck. A guard atobe on the shore all nig I will endeavour to send you farther particulars morrow." MARKEIS. CORN.EECHANG E. Env. 9. This iay's arrivals of Wheat main rather • abort supply la the early part if the day sales woe brisk, at a small II treat in price i bet afterwards heavy and newly at our h,t named plots. The supply of Barley is abort, and at bat price. atalt and White Pees full ar dear. Grey likewise Seans of the two descriptions are somewhat lower. Oats a re short supply, and this trade maintains our last tun prices. Flour as last week. CURRFINT PRICE OF GRAIN. Wheat........ 37: Ma. 60... Tick dike (Old) .. Ms. 37r Pine d 0... 6l. hiii Oats ..245.211. db. Rye (New) . 4os. 4%. Poland .... ...Ms. 95s o , ' Barley .. .-.4. 40,. 465. ?Mame ditt0........ 31.. Od Ma.t (Old) ....tills. 74r. Od Rape Reed 121.911. 01. 1 Whiur Pow.. 1944. 140.. 01. Flue Fletn 50s. Ma. Od. Gm, P..... ...... 66i 71.. Ud. Seconds . 43.. MM. Oil. Rom. (0 .1,..... be. 6t, flit PRICES OF HAY AND STRAW. . SATU!DAT. ST. 1A 141 We. Hay al Os to Si Os I 1 Straw , ' H 16s to 2t 3. Murncuartt. Hay 41 4a to 61 101 New 01 .--a to 01 Clover lug to of lib Straw 11 Its to 01 tq SMITH Fl k 1.9, Nor. 9. This day's Market afforded a good supply of mime livatts, and the shew et Cattle, in general, was somewhat c. . Neuf, Pork, and Veal, support last pnces-.-Mutturi is dearer— Lamb is cheaper ; and the trade, fit the moot pail, was ratht- bask: The nilew in the - Hay Market were pretty lively. Straw has got up in price sinew Friday's Market. Hay and Clever seal at last prices. The following pima and Limbers are an accurate statement. To sink the offal per stone of gib. Beef 34. 4d. to 4s. 44. MEAD Or Tun IPAT. hi utton... i.i... U. to 4s. 14. Boots • .. . 0, 4 00 Li rn b... •• • 4.. sd. to ss. Od. Sheep amid Lambs ....1i,310 Pork 51 gd. to 7s. W. Calms 440 V e.. 1 id Lid. to 7s. Id PIP 4go