The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-02 00:00:00

, 7 IMAT RE. --orar— COVLhT•cAstrev. Last night Missßau erne made t.et i. -.4pv arsric.e, after her IA s;i-sition, in the t ,,, t1 i t ,-iiy foliwy, in the Comedy of Ma Provo‘ed Hurb.nd, ..nd was v ry welt received. Atter t. e Play a new .$l,-/.. Drama was btought fir WAIA, bet AS it did not ( nu• elude until after twelve o'clock, we bore not lime It, enter into detail.—The scene is laid in P.Aand. A Blind Boy is the hero of me piece, wao is undcr tl.e care of an old man, wn i...uprosed to be Its lather. The boy, however, ultimately proves to be the so 1 of Stanislaw, King IA Poland i, and is :;ser vered at the moment the surreptitious P: ince, %e 1.., has usurped his place, is on ,the point of m a rri ag e. l'he interest wises from thr hair.breadth eics,:es of the poor boy, who falls down a prrcipice, and • encounters various other accidents. 'nos psi: was admirably sustained by Mrs. C. KesiaLe. olr. Liston was introduced to sing a comic song, whica the audience did not seem to admire. Th. misty, by Mr. Day v, is very pretty, sn I was much aii plauded. The house was very tull. BOROUGH OF TEWKSBURY. The following is the lasaription upon the Vase lately resented to that truly independent charades . , Janice Martin, of Ovetbury. Drat Tewksbury, Lay. The Burgesses and Inhabi ant, of the Borough of eek + y eti, At a public natettsig, held on the ::6th day of May. lis the year tatt);, IluaninntuJy voteri, that this Vase shoeld be pruentad JAMES MAtfIN, Esq Upon hue Rt tiring Gout sli c er NrhatAenlity Sinks. Asa satali 'remittals, of Ittspes and Regard for that Indepeadenca ai.ct Which inataert his cu:id act as one of their Rapresentatt yea. During the long and eeonttul space of Thirty-one years. His Royal Highness the Prince of Wat.ss r.int to Brighton, on Monday se'nnight, to celebrate the birth-day of the Honourable Miss Sal( MOUS', the intevesti i.g protege of Mrs. Fttzessesar. Mr. Youmo is arrived at Ldinburgh, and Ira make his debut in Hamlet, for the first time thews four Tl.e Poi S:MUM Arts ASIA*OII has ziven up his house it' Vk orth.lig fur this station. Sir John and Lidy OlDg arrived on Sunday et their house in Gloucester-place, train i-lackwuud park. Hants. Lewes Theatre closes on Saturday next. Visa cour.t.ss RthIIDEN pritzeitsises /be liar et Law aad Matrimony to.dnui row. The Manchester Theatre will open on Monday nest; it is said Mr. BARKVIIIOII6 is engaged there. General TA IRLITON, M. P. and Mrs. TAAL t. tow, and the Hon. Mr. Devainsono B ,have left Edinburgh for Drummond-castle. We understand Windsor Theatre will open, on Teceday next. for a short season, and that the Ma wager has been most Immune in his seleaian of eacellent performers. Mr. K settees favourite Opera of False Alerew o engem forward to-morrow night, with The Salk eied the Tear, and the combined melody 'elf 11841111 M. Seoeace. and Moo/era:it. In consequence of the infirm state of heakh of the venerable Earl of Covvelar, Lord Lieutenant if Worcestershire, Lord DEILIHURST has been vomit-. ed Vice Lord Lieutenant, in order to transail the , business of the Lieutenantey. The new PIA) , in rehearsal at Drill y-lane Theatre • is entitled Fathin‘r. It is founded on a domestic story, and is the prodneion of art Author of sense eelebrity as a romance and novel writer. The Cardinal of Yong has bequeathed to :is Royal Highness the Prince of Watts two objects most esteemed by him, and which lie had preserved horn the wreck of his fortune, viz. the Order con. Mandy worn by King CIIMILES I. and a valuable ring, which was worn by the ancient Kings of Scot • Lind on the day of their Coronation. Master 11kT T V is re-engaged at the Gosport The etre ; he will then proceed on the Canterbury and Norwich circuits; and in the month of Fehivary, ;be proposes to be in London, to be disposed of to 'tide best bidder, between London, Bath, and Dublin. Groin" is nearly recovered from the severe beat ing he got from Galley, at the last battle at New market, and is in training for another trial with the victor ; the odds are 5 to 4on Greven. Cregums Are . ght 14 stone 10 pounds. ben g near tin swat Smasher than his antaginiist. On the 23..1 ult. Jerez: Vaitcm, Esq. forme-ly Surgeon and Agent to Sick French l'risoners of War, at N •Imao Cross, and lately one of the princi ,pl Surgeons of the Royal Naval Hospital, Pif - leontb. was eleEled one of the Annual Presides.% of the Royal Physical Society of Edinburgh. As a hackney-v=lr was goilc up ran-Mall, yesterday evening. one of the horses became res tive, and ran on the pavement opposite the Ironic of Lady Louisa M•l4/4111g, when the horse got en tangled in the traces, and kicked with such viulence, he was almost cut to pieces against the wheel and splinter bar, and broke the pole. Three ladies in the carriage were got out w t ou! any injury. Lately died. in Ireland, a! i;.e advanced age of 110 years, U/144111 FI•IIPSOK, the blind bard of Ma• gilligan, of veh•.m so interesting an account it pw r by Miss Owassotr. in her el.gasu work, " The W 4 Irish Girl." A few hours before his de.s.h. he !tined his harp, in order to have it in readiness to en!ti tido Sir ii. Boner's Virally, who were expeAed pass that way in a few days, a s .d wi,o w• re in the habit of stopping to hear his music; after. however, he left the approach of dear,i, arid. calif g his family around him, resigned his breath withou: a 4truggie I bring in perfect possession of Lis ties to Is. last far /Meet. child hetorging to Joan Comt, a leaterma - , who lives at Lambeih, sees nearly burner; to .lean,. sestet day At' noon, by its clothes catching fire, 11;e mother being from home at the time, when a eer;;••• blur rushed in, brought the child oils the house titian taking fits. -- THE RUSSIAN SQUADRON. * ••• • -.....mai11..... *4CI et • LETTS% 111 LOW ON sorian Tilt /SO sboor, s•rese *tRIVAL ream LISION. a The Raven sailed in August last, with convoy spithead, for Oporto, Lisbon, and Gibraltar, oil, all which having delivered in safety. she red to Lisbon. and was orders] to cruise of Bea Th. Lively frigate sailed lions Liaben, on r a h of OBober, with seventy sail ot merchant • is under convoy for England, with the greatest nef the principal merchants, their families, and ;lef ty on board. The Lively left the Raven to u oe of the Bar, and prevent English vessels from iriing the Tagus. On the OUth of ()Bober the , wo e's Proclamation appeared. declaring it to be is iutention to unite himself to me Emperor of the reach, Om kc. 01 the sth of Nov. the Raven, h ,„ ue o ther E, , glish vessels, being at anchor off e Bar, in Cascies Bay, were fired upon by their oe ies. We got under weigh. hut the Foe mer .it vessel, from Portsmouth, Mr. Askal master, was taking in a cargo. did not move, when they gain fired upon him, and he WAS obliged to weigh a stand out. .. I t proved very had weather, and the Races t driven off to Southward. On the 10th of Nov. . h av i n g tegained our station, observed • squad ,n ot large ship', seven in number, in the offing, ending ist for the Rock. A very strift look-out ing kept in the might, we observed some signals j e with blue lights, and which, in hauling for fir set, we presently found ourselves close to a .rgr ship of the line, caret ing two stern lights end u p. t ;ghts, with several others in company i they were to windward of us, and the Rock of Lisohn pie miles on our lee beam ; we tacked and stood Ong their line, and passed close to their stern "it ship; t:.e night being pretty clear, we could cgs !y discern their hulls with the naked eye I we raciol kind stood alter them, in their wake, and en. felvaured to get to windward of them. a At day light, we found ourselves a little to wind ward or ti .e sail of the line, and another a coosi ?rrable distance to leeward. After making the goal signal., of which they took no notice, they brevet) a litue, and 'hewed English colours and a Loan Jack I.3rward t when we observed them taking Pi!ses on board under these et lours, from mo boats, The weather bei. g very bad, no other boats were out but those, tveretore it appeared prineditAted. They made a few signals, which plainly Mewed they were not English. The private egad was made, which was root answered ; and dry were observed, after getting their Pilots, to inn ai-eft in for the 'Tagus. wait the wind blowing *gale right on the shore. •• We instantly endeavoured to recover a cutter which had parted from as, and having done so. in Stow I.nuri she was dispatched with the intelligence' to the Commander-in Chief. off Cadiz, and which probably he had in forty-eight hours after, when wp made the best of our way home with the dispatches, as we decided that if they werb enemies, tney might endeavour to form a jurselion with *West is Cadiz, having joined the Portuguese tiosadroo, Lye sail of the line, frigates, bris. /cc. kc. This happened on the morning of the [lth of November. having Jogged them since the afternoon °kite loth November. The Boren felt the Rock the evening of the 11th, for England, and arrived at l'lymoath, after a very boisterous passage, in thirteen days— ene day before tie Princess flizaheth Packet, w:iich Lft the Rome off the lilac of Lisboa. OW the I ed November." THE LORD ELDON. TO THE EDITOR. Ste—Several coatradiaory accounts having ap y.ais-d of the recent anion with the Honourable C ,, nipany's ship Lord Eldon, I send you a corral account. drawn up by an Officer on board. Your's, tc. P. Q. IITIACT Of ♦ Mill !NOM ♦r (IMOLA 0$ SuAMCI T14111.1.111)_11{LIDON LASE-ISDIAMAM. " On the f)ei of November, at a quarter past fon:, a m. Ills Maksty's ship Ardent. of 64 guns, e s'emrnodore bore W N. W. nearly half a mule th-toice, the lest of the fleet considerably astern, it semi thick weigher; the officer of the deck seeing a s.-sel coming up in our wake, took her for the E.r'ase, until she came alongside the Lard 'idea anJ hailed iss, desiring the of f icer of the deck to heave-to. 'the (Aioer of the deck sent in, and in -6,lmi-d Captain Young there was a King's brig hail ag us, an.l desiring us to heave-to. Captais loons immediately came on deck and hailed the brig, demanding who they were, three times, before they answered; at last, they replied, they were His Majesty's Ron -brig, Sums ; ordered us to heave -to, and send the Captain on board. Captain Young replied, the Commodore was a short way a-head ; and, if he obeyed any orders, they must come from tl.at quarter. He answered, you are afraid of get ting your bands pressed ; but I shall have them.— The people were by this time coming on deck to quartets. Captain Young mined the foresail to he set, instead of shortening sail, being fully near the Commode); e, and moth a-head of our statics. Cszne corn tie immediately boarded us, with about sateen or eighism hands, and took possession of the poop and the wheel, and fired several Tellies of musquetry, and several broadsides. We got our people to quarters—got the boarding pikes, at. and cleated the poop of the Frenchmen, who jumped onboard, several being wounded. One man, who ssa a at the wheel, was mortally wounded by Capt. Young. We had by this time got our great guns to bear upon him, and the adtion continued for nearly two how'. He intended sending a boat to tsiard also; but they declined boarding us, seeing Nee fate of their countrymen. She must have had many killed, as nor shot were well direeleci ; and a great pan rit the time we were close to her. The Ardent also opened a fire upon n:.r ; but the wind. being light, she got out her sweeps, and unfortu sanity got away. %Ve chased her for some time; aid the Commodore sent his First Lieutenant, with tv.!•,..y.tuur bands, to assist us in taking possession at 1.. r It, from her great superiority of sailing, g etf. Our foremast and rigging, sails, &e. s.•-r e much damaged: fortunately no lives were l.it ; and only Captain Young and a few men re c.. v-d rr ittirg wounds. ALTO y baud on bossd be ha m e i uticommonlli well „, • ~/ '-', ...^ .:, •-• _. . A . • ..i ' .' rt;- :7`. . C LE RUN WELL SESSIONS, Due I. !e should not be at such expense aria trail& I Mean --h.-- log. that his Lordship would have bieeself mere- UNPARALLELED SWINDLING. ed hies. After having Meted the variety of tape nir herd Andrews stood indi&ed for defrauding dients by which the Defendant insinuated himself Samuel William Davidson, Esq. late a Colonel in the into the contideece of witness, and also the numer- East India Company's service, of the sum of two our promises he made to procure him one of the thousand pounds, under false pretences. Earl of Beuberough's borotrehs, the whets: pro- Mr. ADOLPIIVS, as Junior Counsel, recited the ceeth I to state the amount of the various monies various counts in the indictment. which he advanced the Defendant by his desire fur Mr. GL [ADZ stated the case on the part of the accommodation of that respected Nobleman. the prosecution, He said he felt confident that the The Defendant having volunteered his services to Court would conclude that there never was a Colonel Davidson. first as a private Secretary. and, case so extraordinary submitted to its considers- onthec.,t into refus hs refusal t h is offer, some sums offer,nestas of money, a generbe. friend, Lien. He meant extraordinary, in de manner is had it which the fraud was committed. in the devices to longing to the Prosecutor. At this time be had got which the I'ri.oner resorted, and, above all, in the his whole confidence, and, in the language of Col. gross attempt to convert the unsuspecting confi- Davidson, e although my credulity has, I con , dente of the Prosecutor into a species of evidence less, made me appear almost as an associate. of his association in the criminal designs of the I still solemnly declare, that Andeews, from his Defendant. But in proportion as the Defendant manner, his strong sense of gratitude. and the reit guarded himself against the due famishment of gious solemnity which he then assumed, in the ex his offences, it was the duty of a Court of Justice to passion of that feeling. entirely silenced every idea proted the Prosecutor and the country from the deep of suspicion.” He accompanied the witness to Roe. machinations of an ingenious conspiracy, and to pre- hampton, on a day when Colonel Davidson was to vent, by salutary punishment. the farther extension dine with Mr. Goldsmid. for the purpose of seeing of such delinquency. Against the commission of the Earl of Bessborough, who had a villa in that flagrant crimes, the law of the land had provided a neighbourhood. About half past nine he called on porresponding remedy. The criminal who was con- the Colonel, told him his Lordship was not at horde, Tided of a burglary was doomed to a certain pu- but that he had received a very kind message from nishment, and against the man who would attempt his Lady, informing him that his Lordship would a personal violence, the aggrieved party had the be at home on the next day, and she was assured certain method of proceeding for redress. Still that he would be glad to see Mr. Andrews. After there were offences which, trout the ingenuity of the' a variety of devices of this kind, he succeeded in delinquent. and the peculiar manner in which he getting a check for 10001. from Colonel Davidson. concluded his operations, that one must be almost in order to be given to the Karl of Bessborough, the creature of suspicion even to hazard a doubt of who, from his report, was much embarrassed.— his comeliness and good intentions. Impressed There was also another thonsand made up of the with this inference. the Legislature had determined balance which Andrews had in his hands, the pro to make frauds committed in such a manner, a perty of the prosecutor, and a draft for 4001. higher offence, and subject to greater penalty ; advanced by Mr. Mauls', on Colonel Davidson's aid in the reign of George 11. they passed account. the Ad upon which the present indictment was Mr. Maltby proved the payment of the draft for founded. Upon this Statute the De.endaet was 4001. to Andrews, and deposed, that from the arraigned, and it was now only necessary to state coned sations of Andrews he was sure, until he heard the merits of the transation. The Prosecutor, Co- it contradicted by the Earl of Bessborough, that the Donal Davidson, had spent the greatest part of his money was for his hardship. He detailed the ea life time in tie service of his country in India. He riots engagements into which Andrews entered was a man of very pleasing manners, and had for the return of Members for Irish boroughs, acquired very high honours in the military from the patronage of his Noble Friend. It the profession. He was also connected, by marriage, returns were not quickly made, Andrews plc iged with families of distinction and repute. DI the himself to return the money. And the witness Prisoner at the bar he should say little, unwilling looked to Col. Davidson for the draft for 4001. as he was to prejudice the Court against him ;at which he had paid, and which he then prodneed. the same time that he must say, there never with the initials R. A. (Richard Andrews), in was a man who so studiously comported himself; 1 dorsed upon it. The Defendant had represented with the most extreme simplicity of manoers,he made himself to witness as the heir to Bishop Andrews, a superficial literality and frankness of disposition, and melded to the sum of 200,0001. as it were, his dire& aim ; sod thus having thrown Mr. Martin French proved the frequent meetings sespicion off its guard, no man possessed more in- tithe Defendant and Col Davidson, at his house in genuity in carrying his contemplated frauds into George's-street, Portman-square. At one period execution. Soon after the return of Colonel David- the latter charged the Defendant with not fulfil son from India, be was coi.fined in the King's ling his promise of getting him into Parliament.— Beech, and there, unfortonately for him, from the In reply, the Defendant threw himself upon the exercise of a charitable feeling, he became ac- floor, stud in the most solemn manner appealed to ei k r o l osi ted with Andrews. Upon his suggestion. God as his Judge, and he believed in a God, to strike Davidson advanced the sum of tea pound., I him dead. if Mr. Davidson would not be in Perlis and undortanately for that Gentleman. although an went in the course of a week. One day be called ad of bounty, it was pregnant with the numerous 1 upon him to go down to the hotel, in order to me na calamities, which, tro that moment, followed in The Gdzettc. waere his return was officially made. close succession. It is impossible to enter fully on the testimony pro- This very tat led to the plans and future conspi. diced by the Prosecutor, but the verdid has proved racies with which it has been Colonel Davidson's that his uncommon diligence and unwearied endea. misfortune to be assaulted. And, indeed, in a gene yours to bring every circumstance before the public, sal vies of human name, it be adowir-et. that, have been eameltiely sueoreeful, opposed as be was in such a place as the King's Bench prison, who. a to every species of chicanery and device. variety of diameters are congregated. it is Any for The Earl of Bessborough deposed, that he never any speculating delinquent, although he rif ght knew the Defendant in any other capaiity but as a not be on terms of intimacy .wren the individual niethiicant. He recollotted that on the 6th of Ja- against whcm his schemes are duelled. to kern naary last. he had received a cop from him; was enough of the general disposition or the partiru- meal surpri.ed at such an occurrences but. in lar weakness of his character, upon which he might the end, although silver gilt, he had paid Mr. Char build the probabilities of his meditated frauds and man two hundred guineas for it. impositions. It was thus with Colonel Davidson. Charles Gubbius, clerk in the house of Snow and The facility with which he advanced the sum of ten Co. proved the payment of Col. Davidson's check, 1 pounds, to the view nf Andrews,ezhibited him as an in two bills of 2,5001. each. easy prey to his plunder and depredations. He Messrs. Cuisine and Atter, for the Defendants argued that he could not have a better man upon contended, that the evidence did not support the 1 whom to prattle the various ads of fraud which incitement, nor was the indictment drawn under the are detailed in the following evidence. After some meaning and comprehension of the statute. They general observations on the high political connee- cited some caves to prove, first, that the averment tions with whom the Defendant affected to be most should be for the embezzlement of a check, and not intimate, and with whose signatures or franks. di- for money ; and next, that although that check was rected to him, he had, whenever suspicion took paid in Bank-notes, they were not, according to any ground in Colonel Davidson's mind, almost ion- legal interpretation, to be considered as money, or mediately, by a new device, silenced it, the at all within the meaning of the statute upon which Learned Counsel concluded hisablespeech by antici- the indictment was founded. Mr. Alley cited a case. pacing, from the justice and impartiality of the jury, where a man of the name of Brown was tried for that verdict , which he was sure, equally is point of I receiving money under false pretences; and where justice to the Prosecutor and to the country, they 1 he argued. before Lord Ellettliorough, that the would find themselves bound to return. Bank-notes he obtained were not, within the mean- Colonel David , ea,deposed. that he was in the ter- rag of the law, to be considered as mom. It was vice of the East-Inal% Company for five and twenty true. that Learned Judge. much astonished at the years. That he first knew Andrews intim King's. objection. asked him " Did he mean to argue that Bench, and his first communication with him Bank-notes, the circulating medium of the country, was when soliciting subscriptions for a person (to ' were not money t" He answered, that he would, whom the Colonel pointed) of the name of with his humble talents, maintain such a position. In MrCtillum, who was confused in Horsesnonger-lane, the course of the trial it CRUX out that the Pri and who was absolutely destitute of the common toner had received half-a-guinea and some silver in necessaries of life. For his support the witness the advance of the money, and the argument. of subscribed, and gave to Mr. Andrews the sum of course, did not take place. 101. After that occurrence, wham saw the De- Messrs. Gi.s.aus and Bo were surprised at fondant frequently, and unsferstomeirom him, that the objections of their Learned Friends. Perhaps he was a man who had spent a very large fortune in there never was an indictment so accurately drawn eledioneering pursuits, and was still connected with up ; and was Its *semi to follow their advice, be the most elevated characters in the political would have ellcrificed the consequence for the cause. world. He told him Earl Fitswilliam valued him But it was idle to contend that the crime was com as a dear friend; that the effettio• of the Earl of plate. until the money was received. And as to Bessborough was that of a parent; and as dor the the other objection, the Court would not, on slight friendship of Lord John Fowushend, common grounds, revoke the opinion it had given on that gratitude bound him to be his friend ; as be point in the case of the King e. Perfect. (Andrews) had almost ruined himself in advances Mr. Apt:Ha/Hui, with peculiar energy and alo of money during his Westminster contest, inde- queues. contended. that the objections were insup pendent of keeping three open houses, at his own portable. Upon what did Mr. Alley rest his con expense, during that contest. Lord Robert Spencer elusion ? Upon the astonishment of Lord Ellenbo was also one of those kind friends upon whom be rough at the opinion he (Mr. Alley) entertained, and could sincerely depend. Indeed, all the characters the diserine which he wished to uphold. And, be. he bad mentioned were aware of his value, and of cause his Lordship was thus astonished, the Court the sacrifices he had made, almost to the amount was called upon to convert that astonishment into of his wife's fortune, which was 28,0001. In one a determination of the King's Bench in favour of of these conversations, the Defendant produced a Mr. Alley's objection. It would, to ordinary on toner from Earl Fitswilliam, and franked by him. demanding's, produce a different conclusion ; and in which he said a draft for 5001. was iocled : persons would be apt to infer, that had the argument and Andrews observed. that when that Nobleman • taken place, and had Mr. Alley persevered in hie was acquainted with the circumstance of his objections, the Learned Judge would be much mere (Andrews) being the Candidate for Ipswich, he astonished at the tooted attachment of his Learned (the Earl) observed, that if he was aware that it Friend to the strange doctrine to which he was so tees die Defendant's wish to get into Pediment, i srentoveably =lieut. Relative to the objection, that &alb Oates were not to be tomidered as gone - , • be would assert, roundly and broadly, that to intents, as being the circulating medians of thocom. try, they were money. From the period the 4.A •• was recognized as a trading company, its !wiper gradually rose in estimation, and was no* identified with the renney of the country. In every clause of the 97th of George lIL the mre silk money is defined as cash, and notch and money at• considered as convertible terms. Indeed it wok ' impossible, in the present state of this country, tie •:" hold up.a contrary opinion, and since the time of a Lord Mansfield, is was held that Bank-notes were ateney. In the Annuity AEL though not • penal statute, yet nearly approaching to it, ',fled Rearm admitting the broad assertioa of Mr. Erskine, • '• cided, that such notes should be thus considers • end the whole Butch, with the exception of Mr. Jus. nee Buller, wt.° wis tardy to go so far, concurred • in that °pink's. Bat it has been contended, thi.t because notes might be refused as a tender in a , civil action, therefore they are not to be considered within the statute upon which this indiftment is founded. The answer was, that sixpences and half- __ • mites. after a certain amount, were net a legal ten. der ; but will it be asserted that a man defrauding ancther of any amount of such metallic coin. wan not subjeB to the penalties of the law, foe futile lently obtainirg them, because, after a certain amount, their tender was illegal ? With one obser. cation he concluded ; he could not reconcile the view of the law taken by Mr. Alley on the present case, with the direly opposite opinion given by , that gentleman in the case of the King •. Forfeit. I and which be was awaited had a very great weight in the decision of the Court. An needles% ebell took place to have a special verditt. And after a speech to evidence, from Mr. Gwen tv. in which he laboured to peeve, from the improbability of any man's being so credulous as to be deceived by the admitted trauds of his client. that Colonel . t Davidson was an associate, and the case on both sides was cloyed, the CMAIRMIAN summed up the evidence, and the Jury, without hesitation, found a verdiet of Guilty. 'llse point of law retnaios lee ulterior discussion in a higher Court. the Court was extremely crowded. 1.-4 W INTELLIGENCE. COURT OF £ISG'S lEMut, Gets , Dad. t. • Lard P.; taissoeovon sal at Nisi Pries. MIDOBIR BURN and OTHIC/LS V. SILL gird CO. This was an aehon upon a policy of insistence, neon goods shipped on board the lifisiorea, from Jamaica to London, which vessel was lost open the passage, near Cape Antonin, and every sod me 4 11 board perished. The evidence &digitalis SUM" fore, was mostly upon the part of the Defendants s and the witnesses were persons belonging to the ships of war which were employed in convoying the Beet homewards. The defence against the ha bility of the under-writers was.that the ship in spur - lion was neither tarnished with aproper supply of sails, nor had the a sufficient number of gm en board to navigate her home. The *sepias el sea- • worthiness goes this length. that the kunst man chew that the ship is sound in the balk sqeipped pet. perly with sails, rigging, &e. and having es beard • sufficient number of men to navigate her ; end if doe owners of the ship cod goods fail of pertorettag these obligations, they cannot render the ender writers liable. to the present case Messrs. Grant and Reed were the owners at ase ship, and Wee. derburn and Co. the owners of the goods. That the ship was sufficient in the hull there was no-ques tion made, as it appeared. from the evidence, that considerable sums bad been lately expended in Teo pain; and also, that she commenced her voyage .1 from this country in a sea-worthy condition ; and if she had bad the same complement of sails when the commenced her voyage from Jamaica. there would have been no question upon that point of see. worthiness. There was, however, no evidence of that sufficiency ; but, on the contrary, she appeared. from the testimony of a Capt. Mackenzie, belong ing to one of the ships of war, to have had sails wholly deft/live, and totally incompetent for such a voyage. He said. that when they were shout so sail, he discovered the mien-topsail so ragged. that a curricle might have driven through it ; sad other Witnesses said it was very unit for use, ai.d totally unfit to go through the Guiph. The Cap tain of the Alineres never said he had two eau of sails, and it did not appear that he had had any others. otherwise he would have set his best leg forward, and done what he could daring the storm, in aid of lie crew, with the assistarce of the other skips. As to the point of the complement of hands, one Witness said, that the vessel had sailed from this country with seventeen men, but that ten of them deserted at Jamaica, and that the remainder were not sufficient for the revise. An other Witness said, be went ea board the Minorca when homeward-hound. and that he saw I I or It men, and that it was as well provided wish seameu as the mars of war to which he belonged, which was 700 tons burden. The Minorca was of 400 tons burden, and therefore at that rate it ought to have • had CO men ; whereas, by other testimony, it only had eight, three of whom were Sounds', and three boys. The Arroasrav-Geezea 1., on the part of the Plaintiffs, stated. that it might have happened that some of the men had been deserters, and had concealed themselves below when any of toy o-- des of His Majesty's ships came on board. It fur ther appeared. that the Captain of this vessel did not answer the signals made to him ; but this was thought to be more owing to stupidity than from a disposition to tried, otherwise the matter woul d have been comprehended within that count in the declaration which charged it as barratry. The Jury returned a verdict for the Defendant. No other cause of poolic interest occurred. COURT OF COMMON PLEAS, Get . Dtc. 1. 11, Satis”gs at A isi Peres. /*Awe Leal Caief Jr4 , ace M•mbrucka. Several undefended oases were tried. The Court aejoutord at ele v o o'clock. COURT OF EXCEIEQUItrt, Warrietaarea,Dac 1. batt'itzt Itiere Me Loss Com Basew. Sense Revenue causet, of no interest 1 to the patties. were di.porcd of ; after which the Ccurt