The British Press; or, Morning Literary Advertiser. — London, England, 1803-01-28 00:00:00

commoN COUNCIL ELECTION Of A CITY NIARSHAT.I. Yesterday was appointed for the election of a 'City Marshall, in the room of the law Mr. C.4:414L114 whose death we recently announced. The time ap tinted for the election was twelve otclock, hut it was allerone before the respective candidates were n for the purpose atsupporting, by the saf tareof their friends , the claims they had set forth ir petitions. Ten had preferred their preten- Mess, but only seven appeared to maintain them : for their names we refer to the state of the poll as mdernepth. The Cowl of Common Council was composed, upon this °cession, of nearly the whole of its mem bers, and so great was the anxiety of the friends of the candidates that the gallerieswere crowded almbst beyond example. The ballot immediately com menced, and continued till half-pas: three, when it closed. Upon casting up the votes the numbers stood thus— Mr. HALDIS, ni I Mr. Cram, lB Mr. TIIIIPPASS, '34 Mr. S , .. Mr. Gottwo, 1411'. MILK, The majority appearing in favour of Mr. Ha L ine he was declared duly elected. He was then called in, and being informed that 'the choice had fallen upon him, he expressed his great obligations to the Court of Common Council, and assare.l his pa-roi.s that no exertions should he wanting on his part to the faithful discharl,,•: of the important duty confided to him. He engaged to set the example of, and exact front ethers ) a strict obedience to the laws of the Corporation of L4:11- don; auJ promised, to the utmost of his poser, to fulfil the duties of the office with which he had been invested. There is every reasen to believe that he will per form the s lemn engagement which, as a municipal effacer, he has entered into. He has every in centive to do so. He is, we understand, a man of an act ve ditpositior., and of geod, n:orals.— He is the father of eight children, heteft of their ekether, and ut course he must be sensobk that it is only to the correct acquittal of the trust re posed in mum that his infant family can look for ward for their future support, education, and hap piness. The choice of a man with such a charge, is certainly highly honourable to those who hare hoed him. In Ow morning, previous to the ceremony of in troducing Lord WairWoar It to ri:, the Chief Consul sent a message to Lord Wii 'Twits if, that he would send the Government carriage arcs six for his Lorilship, and that the lager's carriage mu) four might inflow. Lord Wutr woaTu re. plied, that as he represented the King of Gre a t Bsitaixa, he could not permit his carriage to fol low with four, whilst the French carriage had six. After an hour And a half consukatien, BoNAPARTZ returned, that what was proposed was perfectly agreeable to him. Thai, acccrdir.g to the French, is is said, that peace and war dq•cnded for some nine on tiro how, 1 A gnat number of the electors of the Ward of Farringdoa Without, met Wednesday at the London Coffee-use, Ludgate-hill, to commemorate the election of the Loan Maros as Alderman of the Ward. After a variety of excellent and loyal toasts, the Loan Maros, in an admirable sreech, alluded to his election, and instanced many ca,:es in which he and his constituents had acted upon the most constitutional principles. His Lordship's address was received with reiterzttd plaudits. The Stewards, Was. RUIINS, SWALLOw, DI 1r rTT, &c. contributed to the hap piness of the meeting by every possible exertiiin, and the following Gendenten were propoxd by the Leto MATtiR as Stewards for the enso:ng Anni versary Quipf, M:NNIT r, Poyi liras, CAIII,OI4,CCTI i t, BorTEN, and A. YOVNG. Several excellent songs were given by Mr. DlG elm so, and some amateurs, whose powers of yoke and taste were generally admireci. • From an article in a Philadelphia paper of the 15th of December, it appears, that the Americans have already taken the alarm at the approach of the French in Louisiana. lhe article we allude to is as follows : a We have authority to state, that Government is taking all the necessary steps to prevent any rea sonable ground of uneasiness arising on account of the French occupying Louisiana, New Orleans, &c. in consequence of which it is supposed our Western boundary will become insecure. Mr. THOMAS WELCH, late of the Theatre Royal, Drury-lane, has been appointed one of the gentle men of the Chapel Royal, in the room of Mr. Kt 4 vvir r, Sen. who has succeeded the late Dr. AT.NOLD as Composer to His MAJESTY. Mr. VAUGHAN, of Windsor, is appointed Deputy to MT.MIDL ET, in the room of Mr.ST TFORD SMITH, who has succeeded the late Dr. AaisoLo as Orga nist to His MAJESTY. Cadets nominated for the East Indies cannot proceed if their ages shall be under fifteen, or ex ceed twenty-two years, except when such Cadet has held a commission in his Majesty's service, for the term of one year at least ; or in the Militia or Fen cible Corps when embodied, and shall have joined his regiment ; or shall have been in the company of Cadets of the Royal Regiment of Artillery ; his age, in such cases, not to exceed twenty-five years. The Commanders of the Company's ships, are not to demand for the passage of a Cadet more than 931. nor Third Mates more than 551. for mess. His baggage is limited to a chest, a trunk of neces saries, a liquor case, a hamper of wine, and bedding. Their Catholic Majesties, and the King and Queen of Etruria, with their numerous suite, re mained at Valencia on the 1 26th ult. The French and Neapolitan ambassadors, with the envoys from England and Denmark, set out from Madrid on the beginning of December for Valencia, to compli ment their 1 .'4 tjesties on the birth-day of the Queen. On the I‘...'th ult. a deputation from the inhabitants of Valencia appeared before their Majesties, and presented them with gold and silver medals struck to commemorate their stay at Valencia. At the same time the Prince of Peace laid the first stone of a monunient which will be erected in memory of the residence of the Royal Family at ‘'alencia. The Island of Ceylon produces a very remarkable tree, which is called the fallipot, and the leaves are 90 enormously large, that one of them will cover ten =en, and completely defend them from the rain for several hours. They are se very light, and travellers tarry them from place to place, making u o them instead of tents. . • It.' --so— • -7---#l-t4mawis= Elk INTL' r.f7tG:ENCE. KING' BENCH, JAN. 21. GLaSiIIIKITON 9. RAWLINS AND COX, SIIRRYPRR Ili lOD Lks X. Mr. Easante moved for a tiew trial in this cause. The matter he meant to bring before the Court he had overlooked on the trial—the question turned upon whether a Commissiori of Bankruptcy was a valid one—the act of Bankruptcy was alledged to have been laying in prison two months. It had been confidently stated that the Bankrupt had not lain in prison two months, and he not doubting the truth of the statement, had taken it for granted ; but upon further consideration it appeared the two months had expired - the mistake had arisen from the time not having been computed by lunar months. The Bankrupt was arrested on die 14th October, 1801, and the Commission had issued the 9th De cember— the remaining 17 days in October, the 30 in November, and the 9 in December, made 56 days, which constituted exactly two lunar months. Lord ELL t SIBOROUGH was disposed to have granted the Rule on this ground, but his Lordship stated that the Plaintiff had upon the trial, failed in proving the petitioning creditor's debt. TAYLOR v. HARRIS. . Mr. ERSKINE also moved for a new trial in this cause. It was an action tried at Guildhall upon Live promi.i.ory notes, amounting to several hunched 'winds ; the defence set up was that they were tainted with usury ; the Plaintiff's Counsel, Mr. CI Has, then proposed to go upon the count in the Declaration, for goods sold and delivered, aad in support of his right to do so, he had voted the case of (;ray against Purse, from Blackstone's Reports, by which it had been determined that if a person took a usurious bill in payment of goods, and that hill was not paid, he had a right to resort to his action for the value of the goods; and it. had been further determined, that if the usio icus bill was afterwards given up fur another security, such as a mortgage, still an action for the amount of the goods, was not precluded. The law of this case had been thought upon the trial to apply to the present one, and a verdict had been given for the Plaintiff. The present case however, differed ma terially from that in Blackstone's Reports. The Defendant had purchased goods of the Plaintiff, and paid him by several promissoi y notes ; they were negotiated by the Plaintiff ; two of them were duly taken up by the Defendant, who finding he could not honor the rest without distressing himself, proposed that the Plaintiff should call them in, and draw fresh bills to their amount ; the Plaintiff re fused to afford bim this accommodation at the rate of S per cent. therefore insisted on a premium on the original amount of the goods. The notes in cluding this usurious premium were given, and they were the same the action had been brought upon. Had the action been for the notes originally given, it would have been w'ith:n the case cited ; but it was a distinct and independant loan unconnected with the sale of the goods, and therefore the Plain tiff was not intitled to avail himself of the count for goods sold and delivered Lord ELL! N3O ROCall observed, that on this statement it was ?ant reasonable the defendant should have the benefit of a rev: trial.—Ruie ted. The whole of the day was occupiecrt a : motion for trials, but the subjects of them, however in teresting to the parties, were of so flat and dull a nature, that we fear we should exhaust our readers patience by detailing them. APProbation.• This: rule fdr a new trial wgs, there foot, =tune- . • 9SLL 9. MOCO. Mt. serisant &unsnap also mowed for a rule to spew cause why a new trial should not be granted in this cause. It nil an action brought by, the plaintiff to recover the of a lottery ticket that his wife had purchased, in partnership with the Defendant. The ticket was bought with Mr. Hogg's money, by Mrs. Gills the Jury, when they gave their terdict for the Plaintiff, understood that the Defendant had entered into an agreement to afford Mrs. Gill a moiety of any prize that might come up—this was not exactly true. He had, undoubtedly, promised her a shire, but that promise could not sufficiently en title Mrs. Gill to a demand, and whatever might be the intention of the Defendant on the first com mencement of the affair, the treatment he had ex perienced from the Plaintiff siace, he had determin ed him not to gi fe Mrs. Gill any of the prize in question. An expression had been made use of by the Plaintiff's servant, who said, that Mrs. Gill had promised her a new gown, if the ticket came up a prize, which promise was on condition that Mr. Hogg should agree to it, and proved that the De fendant was alone the proprietor of the ticket. Lord ALVANLY remarked, that the expression made use of by the servant, was as Much in favour of one party as of the other; he had formerly directed the Jury to give their verdict according to the evi dence, and he was satisfied they had decided agree ably to law.—The Court refused the rule. COMMON PLEAS. C!LL V. HOGG. Mr. SLAJ [ANT MARCIA LI. moved for a Rule to chew cause why a new trial shordd not be granted in this case, on the grounds that a Jury had given their verdict in favour of the Defendant against evidence. It vas fin actiin to recover damages for inticing the wife of the Plaintiff to leave her has band ; by which his domestic happiness had been destroyed, and his feace and comfort violated.— Mr. GILL and his wife had lived in a state of con tentment for near seven years, the time since they were married, no quarrels had disturbed their re pose, nor had they any reason to be displeased with each other, until the defendant, who is a first cousin to Mrs. Gill,carne frequently to visit at the Plaintiff's house; during those visits they had entered into part nership to purchasepArt of a lottery tic ket, which came up a prize of 11/001. ; this, without doubt, was an un fortunate event for the Plaintiff, as it was the source of the different lawsuits he had since been engaged in. His wife immediately altered her usual beha viour ; she wanted new clothes, complained of ill treatment, and at last left her husband's house to live with the Defendant at. Hoxton. She was there found out by a friend of the'Plaintiff's, who prevail ed upon her to return agaip to her husband. It had been said, .on a former occasion, that while the lived with the defendant; she was constantly in are society of Miss Hogg, his sister, but that assertion was not necessary, as the action had not been biought for adultery, but for enticing the Plaintiff's wife and children from his house ; this it was con tended had appeared by evidence ; notwithstanding which a verdict had been given in favour of the defendant ; the present was a cause or importanie to the public • for what motive could induce, or what could justify the conduct of the Defendant in receiving the Plaintiff's wife agains the will of her husband ; as a relation, the Defendant should not have sheltered Mrs. Gill from her husband ; on the contrary, it was his duty to have brought about an accommodation. The witnesses for the Defendant had stated, that Mrs. Gill had frequently been beat by the Plaintiff, and that he had behaved to her in a manner very unbecoming ' • but even in that case, the proceedings of the Detendant could not be justi fied ;• he, therefore, hoped the court would consider that the verdict had been given contrary to the evi dence, and grant a rule to their cause. Lord ALI,' ANL Y referred to the whole of the evi dence formerly given, and observed; that the con duct of the Plaintiff had appeared extremely im proper toirards his wife ; several witnesses Laving proved that she had been beat and ill used ; his be haviour to her during. a state of pregnancy was.par ticularly cruel, and the question that was left to-the Jury to decide, was, whether the Plaintiff's conduct had not induced the Defendant, from motives of humanity, to receive Mrs. Gill into his house ' , or whether he had taken her from any private motive. The .lury believed the Defendant had no other motive than the safety of Mrs. Gill, and accordingly gave a verdict for the Defendant. His Lordship observed the verdict had his entire J .... MFADS, V. WRIGHT. Mr. Serjeant Best moved for a rule to sheer cause why the nonsuit in this action should not be set aside, and a verdict given for the Plaintiff. The Plaintiff had received an order to furnish a person of the r.ame of Masreati with certain g oods, as the agent of Le' Grand, a merchant in Paris. The goods were sent to the house of the Defendant, in LcAon, who is a packer, and soon after they came into his possession it was discovered that Le Grand had become insolvent. '1 he Plaintiff immediately commenced the present action, to re cover the property. It was contended, that the de fendant was accountable for the goods delivered in to his possepion. The learned counsel cited several cases, in which persons employed to pack and for. ward goods to different parts of the country were considered answerable for the property that might pass through their. hands. Lord ALVANLY observed, that the Defendant in this cause had only acted as the agent of Massere4u, for the purpose of forwarding the goods to the con tinent, without further concern in the business than what was attached to his own trade; the Plaintiff had, therefore, no claim upon the Defendant for the property.—Rule refused. NAVAL INTELLIGENCE. PORTSMOUTH, J AN. 26._ This morning sailed, with a fine breeze, his Ma jesty's ship Donnq.:/, of 80 guns. Remain wind-hound, at lipithead, with the squa dron, the Leda, leth, Censor, and Bloodhound. The Kitt brig, Captain PAPor, which brought new-raised men horn the eastward, to man the Dosnegal, has sent twenty-two of liar crew to Haslar Hospital, ill of a fever, which they caught from them. A number of troops will embark on board the five following vessels, with near 400 of the Garri son Battalion, for Guernsey, viz. Lord Howe, ;wife, Nile, Rover, and Thomas and Elite:Leib. Le Hermle, of 74 guns, is ordered on foreign ser vicc, and will sail shurtli. Remains Majesty's ship Ama zon. Wind N. N. E. and moderatv. Orders are received for fitting the of 74 guns, now in ordinary, as fast isposs'ae, ready for commissioning. PLYMOUTH, JAN. 25. Arrived the Susannah, Atkins, from Newfound land ; and the Bellona, from Virginia. DtAI., JAN. 26. Sailed the Jamaica frigate, to the, Westward ; and the Unita, Frazer, fur Leghorn.—Wiud E. blows hard, with snow. DOVER, JAN. 26. The Primer:: of Wale: packet, Capt. Sutton, is expected to sail this evening for Boulogne, with the Hon. Colonel Forster, and several other passengers. —No passage vessels are arrived from Calais. The Frederick, a French sloop, Capt. Newell, is put into this port, by stress of weather, laden oil-cake, and bound to London. The wind blew very hard yesterday from the eastward, but see are happy to find that no acci dents have happened to the shipping near this coast. GRAVISENDi DEC, 26: Past by the Enterpriser, Hill, from Rotterdam. Sailed the Persoterance Williams, for Barcelima ; 111 , Crea, for B elfast, and the Jojge Fran cisco, Sliandenman, for Ostend. SHEERNESS, ,lAN. 26. The gale of wind on Monday and Tuesday has done much damage. The ships in ordinary in this harbour; which Ile two abreast, in consequence of the heavy sea, rub against each other very much. The main-mast of the Hindostan has been washed on shore here, and has been secured by the. Hon. East-India Company's Agent; a bale of tine flannel, supposed to come lion' the same ship, has also been washed ashore here. Many articles are floating on the shore. The snow has been very considerable all last night and this day. The Mallard gun-brig went out of dock this day. Last night, the persons who were watching the shore, to see if any part of the II ndostan's wreck floated there, heard the cries of persons in distress, and discovered a small sloop (supposed a smuggler) near the shore. They rendered the poor perishing cier• all the assistance in the power; and above WO kegs of gin were soon after picked up on the coast, supposed to have come from the said sloop. totrriOßD DOOR-yARb, JAN. '35. His Majesty's frigates Africaine, of 44 guns, Cap tain T. Manav, and the Minerve, of 40Kuns, Cap tain J. )3/IV( rots, were to have sailed this day for Longreach, had the wind and weather admitted of it:--from the appearance of the weather it is now supposed they will not be able to quit this till the return of the next spring-tides, on the 6th of Febru ary. The indefatigable exertions of the two Cap tains are highly praise-worthy, and well correspond with the jealous gallantry of the former dining the whole of the late war in the West-Indies; and of the. meritorious ewe:lions of the latter in the Mediterra nean. The Ranger stoop of war, Capt. C. COoTE, and the yeknue, of 14 guns, Capt. STRA.OO.Y, are lice. wise rea y tor sailing, but delay , •.i by want of men. The Diznice armed ship, Capt. Clam, still lies here to receive volunteers from the rendezvous. 1 he Pbadog, of 36 gust, is in dock to repair, and will be fit for commission in April next. The Alinlie, of 18 guns, came into dock to r !pair, but was found so rotten, that she is ordered to bt broke up. The Fary, of 16 guns, has been repaired, and will be commissioned next week. ST. PETEESSUIIGII, DEC. 10. Three Lubeck and two Swedish ships were yeszerday happily brought thro' the ice, in which they were ft zen at seven wersts, or about five miles from Cron- quilt, in Cronstadt harbour. Four of them rime from French and German ports, and one had just sailed from this place. They w'ere all deeply laden, and in the greatest danger of being cut in piec.:s by the ice. Captain Priehn of Lubeck, who had al- ready lost an anchor, ar.d saw destruction below his eyes, ventured, at the hazard of his life, to go ufl shore over the loose pieces of ice, to seek assistants ; he found in Mr. Nienruat courage and readiness to assist him. An officer, and forty-two volunteers, _ . . under Prielin's and Niemann's direction, offered to re move off the dangerous floats of the drift ice, torelieve the ships from their extreme danger. Provided with boards and tools for breaking up the ice, they pro ceeded, on the 24th of November, towards l'riehn's ship, the Anna Christiana, which lay still in open wa ter, three wersts from the flat strand of the shore, and eight wersts from Cronstadt, close before the drift ice. Being prevented by the fog and driving snow from discovering their way, they wandered about for five hours on the ice, till, by continually calling out, they succeeded in making themselves perceived by the crew of the ship, whoanswered them with a speaking trumpet ; but when they reached the ship it was too late to undertake any thing that day, and they therefore returned to Cronstadt. The next day Niemann took a compass with him to find the way. They began to break up the ice, and thus made a channel, tiirough which they brought the ship sixty fathoms nearer the more fixed ice. Or. the 26th, in the morning, they perceived, to their great astonishment, that a large mass of ice, before which Captain Prichn's ship had lain the day before, had drifted away in the night, and that if it had not been brought the preceding day further into the fixed ice, it would pi obably have been driven ashore and cut to pieces. Half a worst from Priehn's ship lay the Swedish ship Fryketest, Captain Ehwars, in the fixed ice. Help a - as also afforded to this vessel. The three following days they worked these two ships through two channels to the nearest Lubecker, the North Star, Capt. Lange, which lay six wersts from Cronstadt. Vs hen these three were united, they made a channel through the ice to the Swedish ship Venus, Capt.Lonberg, and to the Lubecker ship Egon- Veit, Captain Stricker, which were at a small dis tance. Continued frost and calm weather now fa voured the work, which 'in the first four days had been excessively impeded by the fog and drifting snow, the workmen having to s from eight in Cie Morning till four in the afternoon constantly in the water, which gushed up as they broke the ice away. Many fell into the water, but were always happily extricated. After twelve days most fa tiguing and dangerous labour, all the five ships were brought eight wersts through the ice safely into the harbour ; and by Niernann's indefatigable activi ty, this brave man succeeded in saving the crews, the ships, and cargoes. The violent gale froth the south, which rages to-day, and has set the ice again adrift, would certainly have driven these ships ashore, where they mast have shared the fate of the English ship the Pcincers of Wales, Capt. Young. WHITERAVIN, JAN. 25. The Elwood, Wttsois ' of this port, which sailei fmmlience, on Saturday the 15th inst. was wrecked the following day, near Ramsay, in the Isle of Mann. It appeared to numbers of r . e,ple on shore, (who were viewing her, with the laudable desire of ren• dering such assistance as might be in their power) that, by the violence of the gale ) the vessel had got embayed, contrary to the intention cf the Captain ; or, that having purposed to run for shelter into the Bay, it was now found dangerous to attempt it, on • acciaint of the Strong probability of being forced upon the shore—and sit a moment when the surge was so great, and the sea in such agitation, that it must have been impossible fur the ablest coaster to determine how the rocky shore might be avoided. The spectators were confirmed in this opinion, when they saw the vessel make repeated efforts to clear the northern point of Ramsey Bay ; and were anxiously looking for h'r effecting it, when, on a sudden, she altered her position, and was seen ap proaching the shore, drifting befcre the gale, with her sails louse !—and evid.!iEly unil,s no manag, Men t ! Their astonishment at this was scarcely less than their apprehensions had been on her first appear ance. This was about one o'clock on Sunday after noon, the 16th ; and the sud Jen and extraordinary circumstance alluded to, was soon after explained by the following melancholy event In the endeavour to snake another tack, in expec= tation of weathering the Point, the rigging of the majnmast gave way, and Capt. WIL*ON was in stantly killed by the falling of the jib brican,!—The mate and two apprentices were in the act of taking up the body from the deck in order to lay it in the cabin, when a heavy sea struck the ship, and swept into the foaming ocean the living and the dead ! The small remainder of the crew (four in number), nearly exhausted with fatigue, benumbed, and al most perishing with cold, sr.:tearable eV en to atternit their own preservation—and in this situation the voip • sel was seen tossed at rand3m, by the impetuosity ‘f the waves, and the raging tempest, till she reached the shore. The survivors of the awful catastropir already mentioned, were with diffitulty got out iI her, and every attention bestowed as their deplora• ble condition required. By a letter yesterday received in town from Mr. BA actA v, Master of His Majtety's ship Cerkru:, tve h.ive the pleasure of being able to announce the safe arrival of that ship in Bantry-Bay, with 90,000 dollars in specie on board, and after a dangerous passage from Jarnaica. Mr. BA RC LAY 's letter was dated from Bantry-Bay on the i 6th inst. The teak f. )r the safest' of the Cerkres are thus happily at an end. I 1 .1 I,l `r 3,~ ~~ sos • •.-` ~---- NM -