The British Press; or, Morning Literary Advertiser. — London, England, 1803-04-26 00:00:00

V 7 • roR K .issrzEs. NAVIGATION CAUSE. SMITtI IN COMPANY 01 WIT 1118.110OU tipaCt Al. JURY. This was an anion brought by le Plaintiff against the Defendants for the damage his vessel sustained in passing through Selbybridge. In the preamble of the An which was obtained for the ere eon of the raid bridge, it is there stated, that in the eredion of the said bridge, there shall be no obstrudion to the navigation of the river Ouse ; and in a clause in the said Ad it is enaded, "That for the free and uninter rupted passage of all vessels upon the said naviga tion, an arch shall be made in the said bridge of the width of at least thirty feet, and that there shall be a moveable coming to the said arch, at which a per son shall be stationed, at the expence of the Com pany of the said bridge, to move the said covering for the free passage of all vessels without lowering their mists." Mr. Serjeant Cocßstt, on the part of the Plain. tie, stated the Atl at Parliament. and that the mas ter and his man ue beard the Plaintiff's vessel, called out to the bridge-keeper, at the distance of between two and three hundred yards from the bridge, that they wanted to pass through, but that the bridge keeper refused to open the covering, saying, that lie neither could nor would do it : that ilk consesuence, the master and his man were obliged to have the vessel to her own guidance, fur the purpose of taking down the mast, to admit them through the arch. The Learned Serje.mt J.() stated, that there were several bolts which fastened the timber round the pillars, one of which bolts, driven into one of the pillars through which they had to pass, through the decay or damage of the timber it was intended to fasten, was become bare for sot inches; and that the vessel in passing the arch had run against this bolt, which staved her, and she sunk at the distance of about 200 ards after she had received that damage, and being l oaded with lime, the admission of water amongst it, caused it to burst the decks of the vessel; and for the satin - 310km in damage which his vessel had sustained, the Plaintiff brought this anion. The master of the vessel and his man proved, that about the distance of 2.10 yards they called out to the bridge-keeper, in the language generally used by watermen upon rich occasions, and that they continued, with all their strength of voice, demand ing of him to open the. bridge, until they came within the distance of 60 or 10 yards of it. when the bridge keeper said, he neither could nor would (pen it ; that they were then obliged to leave the helm for the purpose of taking down the mast, during which the vessel steered out of her course and ran against the bridge ; they did not know that she had ran against any bolt, nor did they know she was damaged, until die began to till with water, and sunk at the dis tance of about 200 yards above the bridge; when they fund her sinking, they threw a rope on shore, and used every endeavour to haul her upon shore, but without effea ; the rope they threw on shore broke, and they believed a cable was not strong enough to have held her. . Upon being cross-examined by Mr. PA 'IRS, they said, that after the bridge-man had told them he neither could nor would open the bridge, it was then iniivissible for them to bring the vessel up ; they did nut nor could see the bolt, for it was under water ; they did not see two strings of horses passing over the platform by which the bridge opens, at the time the bridge-keeper said he could not nor would let them through ; if they had been passing they think they must have seen them, as the bridge has atiopen battlement. Four other witnesses were called to corroborate the testimony of the master of the vessel and his men. as to their repeatedly calling out to the bridge keeper to open the bridge. Upon being cross-examined by Mr. Tomos°, none of them raw two arir4,rs of horses passing over the platform at that time, if there had, they all said they thought they must have seen them. A model of the platform was then produced in Court, which appeared to turn upon a pivot by force of a wheel and tackle : a model also of the damaged pillar, against which the vessel ran, was likewise produced in Court. Thomas Lambert, journeyman to Mr. Wm. Sharp, boat-builder. Knottiagly, proved, that he was sent by his master to raise the vessel ; that after she was taised, be saw that she had been damaged on her third stroke from her gunwale ; that about a font and a half tit - her plinks had been torn out, and that there was no other damage in the vessel that could have occasoined her sinking; he looked at the pillar against which the vessel had received her damage, and found a bolt about two feet under water, com pletely bare f vr six inches, and projelting into the current ; he was certain that that bolt was in such a situation as to do the damage to any vessel that might ram against it, equal to what the PlaMtirf's vessel had sustained ; that it appeared to him the damage had been done by that bolt. ('pm being crow-examined by Mr. Toe, lite, he said be did not see in the river, near where the vessel was sunk, any stone-bank upon which she could have received her damage ; if there had, the da mage must have been near her bottom ; it could wit have been on her third stroke from her gun wile. Mr. Sharp, of Knottingly, proved having repaired the vessel in consequence of the damage she had sus tained • not look upon Mr. Westerby as a part ter wi th the Plaintiff ; Mr. Westerby , ordered the repairing of the vessel, and at the same time said he was desired to do so by Mr. Smith. Mr. Pa SK IL, OR behalf of the Defendants, then ad dressed the Jury : be stated, first, that the Defen dants had completely conformed to that clause in the A 8 of Parliament, which ordered the leaving of an archway of 30 feet wide ; for it was not only 30 feet wide, but 31) feet and six inches ; that the bolt which was said to have done all Ail damage, was not six inches bare, and did not infringe upon that space which the Ail had prescribed, and therefore the Defendants were not liable to the damage this vessel was said to have sustained from this bolt ; but even admitting they were, the Learned Counsel said, that there were two strings of horses upon the pbtforria at the time this vessel wanted to pass through the bridge, and of which the bridge-keep er gave suf fi cient notice to the master to have enab led him to have brought up to shore; the Learned Counsel - said, that under such circumstances, if the bridge-keeper had removed the platform, he must have precipitated 15 horses and two men into ti.- ri ver ; and he hoped the Jury would nut liesitate e orie moment in Waling ' that the bridge-keeper did what was his duty, rather to hazard the damage of a yes sel, than to hazard the drowning two men and fifteen horses; that therefore the Plaintiff could not support this action under such circumstances. The Defendants then called the bar-keeper, who deposed, that there were two strings of horses passing over the platform, at the time that the master of the vessel called out to open the bridge, and that it was impossible for him to turn the bridge on ac count of these horses. Two other witnesses proved to the same erred. Mr. Serjeant COCKELL then again addressed the Jury, and rested much of the Plaintiff's case upon the Aft of Parliament ; he said, that though the De fendants had brought forward three witnesses, one of whom was certainly an interested one, namely, the bridge-keeper, to prove that there were two strings of horses passing over the platform at the time the mas ter of the vessel called out to open the bridge, yet the Plaintiff's witnesses did not see any horses pass ing at the time, which they must have done had the f.s been so, therefore the Jury would take into consideration the degree of credit to be attached to the respeetive witnesses. The Learned Judge then recapitulated the evi dence to the Jury, and observed, that under the Ad of Parliament the Defendants were certainly hound to open the bridge to all vessels ; but whether it could or could not have been opened at the time two strings of horses were passing over the plat form, or whether that was antlally the case or not, most be for their consideration. The Jury returned a verdict for the Plaintiff for the damage the vessel had sustained, and the value of the cargo. Counsel - for the Plaintiff, Mr. Serjeant Coekell, Mr. Maud, and Mr. Wood ;—for the Defendants, Mr. Parke, Mr. Topping, and Mr. Clifton. IRELAND. NAAS ASSIZES. MONDAY, APRIL Malachy Drlanj, gent. was tried on three different indidments, charging him with three several mur ders, viz. First, For the murder of Geo. Alcoa ; secondly, for the murder of Thomas Young ; thirdly, for the murder of Moses Burrows. Sergeant MOORS stated the case for the Crown.— He admitted the gracious and merciful constrmtion of the King's pardon, sanctioned and secured by an ad of the Legislature, operating on all persons concerned in the late rebellion, with exceptions to all concerned in voluntary and deliberate murders, and all persons who had ailed in the rebellion as Gene rals, Majors, Captains, or Leaders. The prsoner, he stated to have been a Leader, and that. with the power of life and death in his hands he permitted the murders of Young, Alcock, and Burrows. Young was murdered in the Court-house—Alcock attempting to escape failed, by horse baulking a () leap, and he, falling, was killed—Burrows was a killed by the rebels. In law all concerned are equally guilty with him who gives the fatal blow, and it would appear that the prisoner was aiding and abetting all these murders. Joseph V. hitaker was in the Court-house of Nar ramore, with Young, Alcock, Jefferies, Ash, and others, to the amount of ten ; saw Delany that day riding towards the Court-house ; Jefferies desired them to conic on ; Peter Delany came on, but the prisoner lighted and was running away ; Jefferies , ordered the witness to fire on him, which he did, and then the prisoner gave himself up. Jefferies asked him was he Capt. Delaney ? Delaney an swered he was ; I am glad to meet you, said Jefferies, and put him into the Court-house as a prisoner. Soon after the houses were on fire ; heard shouting, but saw nothing done—when witness got out, he saw the prisoner going up and down among a party of rebels. lie saw Thomas Young dead in the middle of the road; saw him dead on his coming out, but did not see him ;11ed ; nor did he see Moses Bur rows killed, but saw him dead ; saw the prisoner take some authority, but heard nothing ; there were near .500 rebels, and they marched off towards the plantation of Narramore. Cross-examined by Mr. CCRRAN.—The rebels were opposing the King's forces, and amounted t o .5 or tioo. There was battling between them. The prisoner was dressed in black, was unarmed, and wore a round hat. The disturbance began the '23d of May. l le fired one shot only at the prisoner, and knew hint. Knows the prisoner was under the title of Captain Debut) , before the rebellion. The Delany, were the only prisoners in the Court-house. The rebels attacked the Court-house; shots were fired from both parties. After this battle he saw Young and Burrows dead. Delany was in the Court house during the battle. The persons killed were doing their duty by resisting the rebels. Witness came out as soon as the battle was over ; the rebels were then all about the Court-house, and shortly after marched to the plantations of Narramore. Jane Alcock and Elizabeth Cooke were in the Court house. Darby Keogh, examined by Mr. BARRINGTON, deposed, that in May 17!18, he lived in Narramore ; WAS in the village on the :;3d—knew Thos. Alcock, Young, and Burrows—saw the two first in the Court-house with him—Whitaker, Jefferies, Ashe, and others, were there—went there to protect them selves--they had arms. Here he identified Delany, and raid he was brought in a prisoner with his bro ther, but they had done nothing. D.lany had been called Captain before the rebellion—the house took fire—Delany and all came out—there was much firing on both sides—did not see Delany do any thing whatever injurious to any person—Delany went away with the crowd towards Narramore, and went on foot—it was after they were disarmed the men were killed—they surrendered in the house, and were there disarmed—witness treated on the part of the loyalists—the prisoner said, as far as he could, he would prevent any of them from being mo lested—did not see the prisoner hold any commu nication with any person outside. Cross-examined by Mr. *Nat LY.—Said he and Whitaker treated with the rebels—Delany interfered as a mediator—he promised to proted them as far as in his power from violence, and did not in any way appear to instigate the rebels to ads of cruelty—. the rebels were an uncontrolable multitude, on whom no individual could have controul, or any great influence—die prisoner was shot at previous to his surrendering a prisoner, yet did not do any ad that looked like resentment to the person who fired on him, or any person else—he was in plain clothes, and unarmed. Peter Machismo was at Narramore on the 23d • of May, l 798 t-he was brought out of his house a prisoner—saw Delany, who seemed rejoiced at get ting his liberty. but did not hear him say any thing —he saw him pass to and fro among the rebels on foot ; witness was brought to the plantation of Nar ramore, and before that he saw Delany po off with a party of the rebels-.slid not see him on horseback that day, nor had he any weapon in his hand. Cross-examined by Mr. CLAN K s.—His apparent joy might have been for having escaped the flames— the houses remained burning after the Court-house. fire was extinguished. Joseph James, examined by Sergeant blooar..— Saw Mr. Delany made prisoner; the prisoner was released by the yeomen, on condition that they should be saved; Delany remained with the mob— after a time, saw him at the wood on horseback, wit ness being then a prisoner with the rebels. Delany rode on the left, going the same course with the crowd—were was no other horseman—saw Young that day, but not dead—saw Moses Burrows drag ged from his own house, and saw him dead—this was before the party left the Court-house, and while Delany was a prisoner—he was then brought pri soner to Ballitore, but did not see Delany after they had passed the wood of Narramore—did not see De lany do any injury in the course of that day, nor had lie arms or weapon with him. Cross-examined by Mr. Cuilit IN.—Burrows was killed while Delany was a prisoner. Delany said he would do every thing to prevent mischief. The mob were riotously and promiscuously running through each other—the mob must have had a design before they came to Narramore. • Robert Cooke (examined by Mr. notway ) saw the rebels at Narramore. There was fighting, and Young, Burrows, and Alcock were killed. lie saw them alive and dead, bleeding on several parts of their bodies. Saw Delany there. Orders were given to take the Delany's prisoners till the state of the country was known. They were committed to the Court-house. Saw Delany after pear the Court-house, coming from it, the rebels being then there in great numbers—neither heard him say, nor saw him do any thing.—No cross-examination. Joseph Jackson saw a man, named Jefferies, dead; this was a week after the battle—he was bleeding at themonth and nose, and every where bloody, lying in a ditch, without his shoes. James Allen, Esq. a magistrate, looked on an examination taken in June, 1796, and proved it was sworn before him.—Cross-examined by Mr. Cu u e - He declared he never saw Jefferies before he swore; he was a remarkably diminutive man, and was drum major to Major Rawson's corps. One Corry also swore informations before him. Here the witness, in answer to the Court, said he might have mistaken one of those men for the other—but the little man was the drum-major. The informations of Jefferies were then offered in evidence, and the receiving them s as such was oh jeCted to, and argued by the prisoner's Counsel, on the ground that there was not sufficient evidence of his having been murdered or put to death. The Court over-ruled the objection, and the in formation was read. It went no farther than to shew, that the persons before named were killed at Narramore, and that Malachy Delany anted as a captain of the rebels. James Allen (examined again by Mr. MN* T. L v), said, the examinations were not drawn in his hand writing, nor in his clerk's, nor could he tell whether he read them, but he heard them read. Mrs. Mary Chambers saw the rebels, and the prisoner riding in front, at Ballitore. He was not armed, He asked for spirits and water for the men, the rebels being then with him. She sent for water, mixed it with spirits and gave it to the men. They then went off, Delany riding before them—he said, you see how it is, Mrs. Kathrens, which was then her name. by Mr. Cuaaaw.—This was af ter what passed at Narramore. She did not see the prisoner instigate to any act of violence, and believes individuals of the mob might have done arts of atro city from which no person could restrain them : She knew the prisoner two years, and from her know ledge of him she did not believe him capable of a de liberate murder, and if such was committed, she be lieves it was without his knowledge. DEF eNcE,--The prisoner's Counsel offered the Amnesty Al in evidence, explaining the intent of the Crown in passing it, and the legal construCtion to be put upon the exception from pardon of persons committing " deliberate and voluntary murder."— The Court admitted the a& as evidence. Jane Alcock was then sworn.—She was in Narra more the 23d of May, 1798 ; saw Mr. Delany there a prisoner ; her husband was a yeoman, and killed there, and is one of the persons for whose death the prisoner was indicted; she heard firing before she left the Court-house ; that her husband was killed, and the firing did not continue after Delany got out of the Court-house ; it was in a field her husband was killed. Cross-examined by Mr. Jo is N ST ON E.—Never heard that Delany was a leader of the rebels, or that he was a rebel, or for what he was confined ; could not say whether her husband lost his life by a gun or by a sword. Here the evidence closed on both sides. Judge Dowans, in charging the Jury, explained the meaning of the Amnesty Al. If the persons killed were killed in open warfare, however unjust that warfare was, those concerned, though mur derers at common law, vet were pardoned by the statute. Therefore, if the Jury believed that Young and Alcock were killed before the capitulation, the prisoner could not be affeeted ; but if they were put to death after having surrendered their arms, and the prisoner then was a leader commanding and abetting, he was guilty of murder. As to the ex ceptions from pardon in the a& of Generals, Majors and Captains, it would be difficult to prove such titles in the rebel army ; but if the Jury believed the prisoner was a leader, having a command in the rebel army, it excluded him from the benefit of the pardon. He then remarked, Delany was a prisoner during the fight, that he was not armed nor in uniform, and that there was no evidence to shew a pre-con certed scheme betwem him and the rebels, or that he knew of thei: oming to Narramore. It re mained for the to consider, whether the parties killed, were kil!e•1 before the prisoner came from the Court-house, cr after they had surrendered, and whether at the tone they were killed, he had a com mand. The Jury retired fur half an hour, and then re turned with a verdia of—Net Guiiy, on the three seiveral indictments. TUESDAY* APRIL, lg. This day Mr. Delany was again put to the bar, and arraigned for the wilful murder of Mr. Yeates, at Ballitore, on the 23d of May, 1798. Mr. Serjeant MooRE, on the part of the Crown, said, he had consulted with his friends, Mr. Bar rington and Mt. Ridgeway, .and they coinciding in his opinion, that a prosecution could not be effec tually carried on, they had determined to proceed no furtherr A Jury was then sworn, the prisoner given in charge, and acquitted of course. The Judge then said, 46 Sir, of all men, you must acknowledge the excellence and humanity of the British Constitution and British Laws. Let the prisoner be discharged." Counsel for the Crown : Messrs. Sergeant Moore, Barrington, and Ridgeway. Agent, Mr. Kemmis. For the Prisoner : Messrs. Curran, M‘Nally, and Clarke. Agent, J. T. Bell. MEETINGS OF CREDITORS AT GUILDHALL, THIS DAT. K Miles Birbr.r, late of Lothbury, merchant 9 James Hustler, late of Welion-Colsile, Cambridgeshire, farmer. 1 11 William Beaumont, of Shrewsbury, draper 1 12 Thomas JOiliti Westbrook, of Nelson -terrace, City road, builder 1. Cooke, Barnes, Surrey, dealer.. 1 10 'T. M. Slade, of Old Bond-street, picture-dealer 2 10 F. Wilson, of Great-Clacton, Essex, linen-draper 2 10 T. Dearing, of Wood street, Cheapaide, victualler 2 19 11. Smith, of Blackfriars-road, Surrey, coach-maker 2 11 G. Milieu, of Southwark, linen-draper 2 1 William M.rpliew, of Rotherfield, Sussex, cool Ctaler 3 1 Tlkomas 1-hint, of Leather-lane, luirdwareman 5 11 William Simpson, of Clement's-lane, merch.. t 3 10 Jarma Cavern Nicoll, of Goldsmith-row, Hackney-road, bricklayer 3 10 Herbert Bourne, of St. James's-street, Westminster, silk-mercer. 3 10 DIVIDENDS. C. Lance, and P. Aubtr, of Gould-square, Crotched friars, merchants lO James Nix, of Great- Yarmouth, Norfolk, brueches maker Reimer, of Catherine-court, Tower-hill, merchant 10 J. Henderson, of St. Michael's-alley, Cornhill, mer chant.. lO J. Shillitoe, of Tower-street, plumber and Klazier lO 13. Eyre, 11. Atkinson, anti W. Walton, of Tukenhouse- yard, merchants CliriNtoplier Stainbatik, of Old Bond street, dealer W. Smith, and J. Atkinson, jun. of Aldermanbury, merchants. J. Duff, of Finsbury-square, merchant T. Rudderforth, of St. Paul's Church-yard, stay-maker R. A. Boyd, of Tokenhonse-yard, merchant 9 10 10 10 10 10 BIRTHS. On Saturday last, at Bath, the Lady of James Camp bell, Esq. of a daughter. Yesterday, at her house in Lower Brook-street, Lady Wm. Beauclerk, of a son. Yesterday, at the Marquis Cornvrallis's, in Burlinlton. street, the Lady of Lord Viscount Brome, of a daughter. MARRIED. On Thursday last, at Aston Chapel, the Hon. Thomas Kenyon, to Miss Charlotte Lloyd, sister to Wm. Lloyd, Esq. of Aston. On Saturday, Mr. Woodward, of Islington, to Miss Cave, of Smithfield. DIED. On Sunday, Sir John Smith Burgess, Bart. one of the DireElors of the East India Company. Yesterday morning, at the Swan Inn, Bedford, Sir John Payne, Bart. of Tempsford Hall, and Lieutenant-Colonel of the Bedfordshie Regiment of Militia. He went to heti, apparently in perfect health, about eleven o'clock the pre ceding evening. On the sist instant, at Swaffham, in Norfolk, Mrs. Benezet, relict of Claude Benezet, Esq. formerly Major of' Horse Grenadier Guards. Yesterday being a Holiday, no business was done at the Stock Exchange. HIGH WATER AT LONDON-BRIDGE. THIS D %V. Morning, 27m. after 5 Afternoon,....s2m. after 5- W. MARCHANT, PRINT6R, No. 1, Grevino-Armt, Hatton-Garden, EGS leave to inform the BoosSELLEtes, and 11 his Friends in general, that he has established an Office, and stocked it with NEW TYPE of every Description (of tint Chiswell-street Foundry) that is requisite for carrying on the above Business with Neatness and Expedition. W. M. Ratters himself, by his assiduity and care, (should he be favoured with any Commands), that he shall be enabled to execute his Work in such a Manner as will insure him the continuance of similar Favours. alefs bp auftion. By LEIGH, SOTHEBY, and SON, At their House, in York-street, Covent-garden, TO MORROW, at Twelve o'clock, AValuable COLLECTION o f POPES' ME DALS, ui thr- late Rev. JAMES HORNE. To be viewed on Monday, the 25th, to the time of Sale. By LEIGH, SOTHEBY, and EON, On MONDAY, May 1, and Four following Days. at tlvir House, in York-street, Covent-ttard.m. THE choice and valuable COLLECTION of COINS and MEDALS, ANCIENT aftel MODERN, of the late GEORGE 110I,L1NGTON BARKER, Esq. Of Birmingham. Amongst which are, the Fiftv-shitting Piece of Otiver Crom well, and the famous Petition Crown of Charles 11. by Thomas Simon, both highly preened; also, an elegant Mahogany Cabinet i containine the most cenirlete series of Town Pieces and TradeNmen's Tokens ever otfeitel w the Public, with a M.S. Catalogue of them. To be viewed on Friday, the 29th, to the time of sale, and Catalogues may then be had. ENGLISH AND FOREIGN PORTRAITS, DRAWINGS OF ENGLISI I PORTRAITS, Ste. By Mr. KING, At his Great Room, No. SR, King-street, Covent-garden, by Order of the Executors, THIS and Ten following Days, at Twelve &Clock, THE. valuable and extensive COLI.F.CTION of ENGLISH and FOREIGN PORTRAITS ; those re lative to the Civil Wars and Protectorate, of the choicest Im pressions, many of them extremely rare, some unique, toge ther with several original Drawings of English Portraits, &c. the property of Mr. ROBERT GRAVE., of Catherine-street, Lately deceased. • N. B. The Foreign Portraits, appertaining to the Engli-h Series, English mad Foreign Topography, together with the very numerous Assemblage of Ancient and Modem Masters, com p r i s in g th e bast Impressions of the Works of Albert Meer, /foliar, Rembrandt, Goltsins, Saenredam, the small Garman Masters, &c. will be sold early in the ensuing season. London: Printed by J. 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