The British Press; or, Morning Literary Advertiser. — London, England, 1807-05-22 00:00:00

LAW INTELLIGENCE. JUG!' COURT OF APPEAL. on Tuesday, a eery important Appeal came on e heard het. ire the Lards of the Privy Council, tg tie Chamber, from the Come of Appeals in mi t e& The amount in dispute was about pol. and the question at issue was of the utmost i m portant: , to W, ot-India Planters, Merchants. and c i ders in _general. The Appellants were Messrs. i n.nt Kirwan, and Matthew Kirwan, of Ritch .,,ort, Lime-urea, in the city of London ; the orr atents, Messrs. John Campbell and Francis lime, of Jam aica, Merchants. circumstences of the case are as follow N et ai. Ceambell and W 'tittle. in the month of Vocal, 170, sent a quantity of sugars to Messrs wan, ot London, for sale, and at the sante time Oiaded them to in.we the cargo from sea rise. on a t voyage from the Havanna!' to London; they ?r ap. ,sed at the same time, to draw upon them for th e A mount of the sugars, and expressed their orguioe expeltations of obtaining a high prize.— /boa. Kirwan made the insurance accord. ; c !)r, and notified the same to Messrs. Camp. tail and Whittle, and informed them, that at eat time the market in this critm:ry fa sugar sir very fiat. In the September tottowine, they :item wrote to Mews. Campbell and iivorming them that their bills, to the amount, would be honoured; but that still there was no ,tear prospea of an advantageous sale In ouhs:Anent lentil, in °Qatar 1799, and January tBOO, they stated the inexpediency of disposing ot the sugars. while the market still continued so low ; and Messrs. Campbell and Whittle, in their answer, expressed their satistaetion at their con 110, aild their grati tude for the care with which theie intereit had been consulted. /deism. Kirwan deposited the sugar in 11r. Lingham'a warehouse, in Thanws.greer, where (;ire are frequently goads to the amount of 5.30,0001. di-posited. In the month of July, Messrs. Kr.- van insured the pr 'prim against fire for three nths, without having received orders to that nor did *they advise Messrs. Cainpbell and %Vinyl , . of it, but in their account charged the premiums. At the expiration of vas teree months, the maact still continuing in sub a state as to raider the sale unadvisable, more. Krwan fiat mediae a rapid improvement of the market, again, without orders, at their own discretion, in sured the sager for three months more ; at the ex piration of that paiod, via. about the end of Ja nary, a better prove& opening, and Messrs. Kir- WA being info , med by their broker, that, so early as the 7th of rebruary. a sale of H siannah sugars VAS to take plate. and their's would then probably be disposed of; they, in consequence, judged it inex. palient to incur, for so short a time, the expense of three months premium of insurance against ire ; witortanately, however, on the 11th of kebruary, a fire broke out in Lingiain's Warehouse, and the sugar, and goads to all immense amount, were de stroyed. Messrs. Campbell and W,sittle, the Ap pellants, brought an theca in the Court of Jamaica, against Mews. Kirwan, the Respond, nts, upon the. vcand that they were bound to have continu .d the insurance upon the pinkeity against fie, after its arrival in England. 'the cause vies tried by a Sp dal Jury, aid they gave a wag' in tains: of the Appellants for 60,2151 15s and costs. Lard Ealenborough, the Muter of the Rolls. and Htealey, were the Members of the Privy Conn :il who attended to bear and determine this import. a:: cause. The Attorney-General and Mr. Stevens attended for the Appellants; and mr. ll ellas itad Mr. Scarlet fur the Respondents. During the ati:a Ziscussion of the question, the I: llow iog rmpor tan; points of L iw, &e..with respell to trade, were laid delver; and admitted t Toe Appellants having ailed entirely from theil own discretion, and ti rte twit% no law toobligethato to insure, or cusnon in toe trade to that ehed, in insurins t he property twice, when coo shore, without lummox any orders to that effect, Cory were not liable to the consrrciaence crt toe lire, but were competent to aQ accor,:ini i to their own discretion. The circumstances under a Consignee is bound to iiisure property consigned to biro are as 1t iow; Where a merchant ahroad his effeas in the band! of his correspoiateat here, be has a right to expea that be wilt filmy an order to insure, because he is entitled to call his money out of other's hurls, when and in what manlier •he pleases. The second class of cases is, where a merchant abroad has no effedi in Lie hands of his co:respondent ; yet, if the course of the dealing between them is such that the one his been used to send orders for iiharances, and the other to comply with them, the former has a right to expea that the orders for in. surance will still be obeyed, unless the latter give bin notice to discontinue this course of aealing,,—. Thirdly, if rhe merchant abroad Bead bills of laaing to his *we'll:lndent here, be may ingfaft nrixham e• order to insure, as the implied condition on which the bills of lading shall be accepted. which the other must obey, it he accept them, Ins it is one sertain trancattion. It there be no obligation to into.., unless where these circumstances exist, even where au order has been given, sorely, • .forritors. there can be none where no order has been given t The ease occupied their Lordships from ten "'Clock till four, when, after mature deliberation, their Lordships were pleased to reverse the vet slift ot the Jury in Jamaica, thereby exonerating Messrs. Lrwan from being liable to make good the damage done by tire, they not having received any instruc. Lions to that area. COURT OF KIN .i'S ISLNCII, %Vasrstiocsraa, MAT 21. Satiny at Prins, Aefore Lord Chief Justice iiLLttcsokuccis, aid a .Spesaal Jury. NOSANTS o. CAMDEN. This was an anion Wt. a Libel, The Kelm& was a regrettable attorney, residing at Ho'riven, 01 NI,I th Wales, and the Defendant a Ceatlverran of some property in that ne;ghbourhood. The Libel complained of, consisted of a letter and wine conversations, in the course of wl.ich the De fendant asi.ersed the fair charader of the PLUaif ; and it appeared, that upon one r articulat (ICC A. 110 1 While In ampany wan a Caouel Hughes, Athi Me Wm. Williams, at the house of Mr. Lure, the Defendant stated that the Plaintiff WAS employed to transact business for a Mrs. liobarts, which he en gaged to transaa free of all ex rose to her ; bin he Afterwards made out a bill of costs against her for the same transaction, amounting to I WI. w!,izh was taxed by the great Court of Sessions in Wales tosol. ; the Judges, at the same time, reprimand ing the Plaintiff for so extravagant a hill. The Defendant further observed, that this was an exor-• bitant and unjustifiable demand. This was ilsq repeated by the Eiefendant in another company, where he had been invited, and thus the report spread abroad to his great injury and discre. The falsity of these assertions being evi dent, it appeared farther, that the Plaintiff, at the time the. original adtion was brought, was only an Attorney belonging to the Court of Great Sessions, in Wales, and laid the was in Middlesex I when, upon applicatitin to the Court, on behalf of the Defendant, it appearing that the transaCtion was a local matter, and the parties alt living in Wales, the veins was changed to the county in which the transtCtion took place. The Plaintiff discontinued th tt action, and, having previously procured him self to be made an Attorney of this Court, he brought a second action, and laid the user in Mid , d,esex, bring then entitled . to do so, whereby the Defendant was put to a very considerable expense, in bring;ng Witnesses from Wales. It also appear. od, that a Mr. Griffith Williams was the person who informed the Defendant of the whole of this tran.aetion. _ Lord ELLsasoitouoti thought, under these cir cumstances, the attion would much Letter hate been brought against the person with whom the report originated ; and his Lnrdsl)ip highly reprobated the changing the verri. as it certainly was a case wholly for the interference of a local jurisdiaion, where • the patdes and circumstances were well kritiwo ; at the lame time, be observed, that, as the Plaintiff was an Attortity of th:tt Court (he world not say far what momentary purpose he was so), te had undoubtedly a right to • lay ilia oast in this comity. The Jury, after a short consultation, found a ye:- diet of 101. damages for the Plaintiff : • HACENEY COACHES. UACANit W. HOLLOwAY. This was an aelion to recover compensa: ion in damiges. foe a serious injury, sustained by the in overturning his aarriage, by the negii. gent. of the D fondant's servant. • 'ffie Plaintiff was a respeetahle apothecary and mainrnidwile, residing in Parliament.street. West minster, and the Defendant was a mace-owner, and proprietor of the hackhey-coach, No. I I, driven at the tires the accident co;nplained of happened, by a "cuachman of the name of Becket. In the month of July last, about six o'clock is the cycling, the Plaintiff seas driving his Wife and two infant children in his one-horse-chaise, at a slow pace, along the Camberwell road, and very near that village, keeping at his own side of the road, when the bckisey.coach in question, corning from Camber welhowkeds London, was driving at a Anjou; rate, the coachman (Becket) being intoxicated, and having a usage with his arms wand his neck on the coach-box. As he came near the Plalotii, the. Law raesivad his 4.11,4er, and .drew up to the pathway as dose as he Wide t a ,withstanding which precaution, the coachman crossed the road and upset the Flaint:ff 's chaise, the hot se was throve n down, the Plaintiff aad his w.fe were thrown out on the: ground, one of tree children fell under the berm; and the other got entangled Ist-tweets his legs. The !wither and children, however. had a vfiust pro vidential ',cape the younger of the c' it 'ran, ahnu , twa years old; having only two ,if Met tech knocked nut. and her muu:h curl bilt the Plantar himself was most seriously injured. He fell upon Oil head, and received such a concussion on the brain, that it was upwards of a week beanie thr. htcuitt could declare him nut of danger, and he rias not sufficiently recovered to attend his buss: cu Ihr up *oda of a month after Dr. NI. wile and' Surgenn Lyn, giving him tbeii , constant atteedance. He was then ordered to seceathiog, bur oef ore he was nearly recovered. the pesson who naanaged his bu siness in town, dying of a braiiclever, he was obliged to return to town, ir pr der to preserve what business might be left tontirit. On the part of the Defir.dant, the coachman and some other peillollll were CAlkii, who endes• Yount/ to chew. that the accident was entirely owing to the unskilful driving of the Plaintiff, and tbe unsourtdness of the timber which composed the slut tt of his chaise ; but the feels appearing en tirely otherwise, the Learned Jousts, in summing up the evidence to 'being, observed. there could be no doubt as to the fads themselves; and the only question was. as to the damages which they would appreciate, according to the circumstances of the case t - Th. Jury retired for about bell an hoar, and then returned a Verdift of 1401. damages iGf the Astoria: Admiral Russett. is appointed Commander is 1 Chief of the North S:..a squadron. The Ticket - N0.6.365, drawn yesterday a Prise of 50001. was sold in two Fourths and right Sixteenths, by J. Bit/imposts and Ca Propeietors of the lucky Lottery Offices, No. I I, Holborn, 37, Cornhill, aad 910, Haymarket, facing Piccadilly ; where the Ttelcet No. 24,305, as first drawn, entitled to 20.0301. en the `43d ult. was sold in one Half, one Quarter, one Eighth, and two Sixteenths ; and the l'icket No. 14,317, entitled to 5001: drawn the fourth day: of drawing, was sold in sixteen Sireehtlis, in the pro. sent Lottery, which finishes drawing tosmorrow, until widclilittie Tickets and Shares may be had as above, warranted undtawn. The Prizes exchanged, or paid on demand. On the morning of the 9th init. a deserter was brought to Newcastle, from Durham. Sy a corporal and two privates. After sorely delivering their charge, the party repaired to a public house in New. Rate-street, where, in the evening,. one of the pri vates turned refraflory, and proceeded out of his quarters, in opposition to the will of his corpora. Tile two continued altercating neatly half way up Gallowgate, where the private chew the bayonet from the corporal's side, and stabbed Isida in the uteast. The man (who si yr, much intoxicated) was itnn:saia:ely se,n.ired, and the corporal carried to the Infitmary. WESTMINSTER ELECTI)g. THIRTEEN 111 Y-.AI Y ?I To state that the crowd was great this 43y, is al. twist unnecessary; the w-11-known el , tkuence of •Nir. Sheridan h.o, uprin every r :c+s;os which ne was notified Ito apts..k, drawn immense s itilith rs from 211 ,trarters to hear him. The s , ene WAS equally g 4. instruftive, and entntaining, as upon any torleier occasion. Before the numbers were announced, Mr. Fat re M•Caaruy, the Gentleman whom Mr. Sheridan in his speech of yesterday facetiously denominated an Alas-like man, took,' an op portunity of shooing, that he wary equally in Ajax in Mind, as an Ajax in body. and ad d d the F.leCtors in a short but- appropriate speech, in which he alluded particularly to the sup port which his friend Mr. Sheridan had received, and was yet likely to receiv*, from the ladies t an allusion which received from the fair sex, as well as from others assembled upon this occasion, universal applanse. No one, respelled the naval service more than he did, •tint he could not approve of a Naval Officer standing a candidate for Westminster. He had a son in the navy, and he had, at a Meting of the friends of the N rble Lot& taken occasion to ask a question, why that son, because lie was descended from Catholic parents, was to. be deprived of an opportunity of arriving to the high situation of an Admiral, as well as any other individual engaged in the naval service The answer which he had received to this interrogatory, was such a one as he might expel from those who encouraged the cry of •" No Popery !" a cry which had now become vulgar and detested. He had not yet got any la tisfaCtory answer, or such as•could convince him of the propriety of such exclusions. He had all along been as hutnble supporter M Mr. Fox, and whatever influence he had, should ever be exerted in the sup. port of liberty and universattoleration, in a. manner consonant to his former firebugs. He was the first man who witness►d the.inquiry into the Bastile. in stituted by S k ir Francis Burdett and Ms. Sheridan, at a time when the rope was round the neck of every honest man who had the hardihood to speak the truth ; and he hid been-the brit man to tibli.h the speech of Sir Francis Burdett at the Crown and Anchor, in favour of liberty, the support of the Constitution, and the dnwntall of tyranny. He hated tyranny and anarchy, and he loved Mr. She- Lin, because he loved liberty. ((Jr.,/ /arrears 4.61 of:4Jan%) At the close of the Pull the numbers were-- S., 1. Burdett . . . . 4422 Lord, Cc4rAs44 . 3i IS _ _ sherluan . . _ . 1417 Mr. Sweatoan then addressed the populace, a: the time when one solitary Individual amongst the crowd was evincing some hosting. and occas:oniag some interruption. 6. Gentlemen," said he, . 4 I have to repeat what I said upon a forme' day, which is much to your honour, and most gratifying to me, that there was to be foutirf Init one ruffian .• amongst yon, visa offered me any interruption ; but upoq this day, that ruffian has undoubtedly formed a second. He has presumed to attack mt. because I would not stoop to answer him, although I reckon it no condescension to answer any inderiduadowho questions me in decent mariner ; add lam .grati fied to find. t Loyd Cochrane, wad he l a * Ise' friends, is a amed of Mitt: (Hinson- end apateities.) My revei.ge, as formerly. upon such individual,. is, that in,tead of tu•niag him out, , you'd keep him to hear me. Gentlemen. I hope you will excuse me, if upon the present occa sion I am more blier than formerly, being malty a good deal elhaustei, and it is no slight exertion to wake mysell be heard by so many who seem aatious to Outten to me. Nothing was so gratifying to my heat and feelings es the applause and • manner in which you received my son' s speech yesterday ( Heat, hew) I never hive exerted myself to pro teins office or emolument on my own account ; hat; I say, that wh-n a "man has pursued a po litical. life, as I have done. I, think is may be allo*ed to him. that While he teels nothing for his own lye es, he may feel a responsibility, should his politre4feeindua felt heavy u . p.ln his son. Having said this. I may also ad I with confidence, that my son woolen rather be in the situation -he is, and lose his place, as he has lost it, and stare in my poesy', than persevere in principles contrary to those he Plweeses, wind!) are calculated to gain the good wilt " ( the People. ' Ppin this topic I wish to qpntia oassage from a great. Sr6tch poet, with whose writ ings I have no doubt the No4le Lord is conversant, because they evince princiales which proceed from Inc heart, and I am sure there is 119 heroic man from Scotland who has not wad and approvzd his Works. ( Aly • Lard his • reed it, said one of the eresed. bat be deal is pose, eel pets, -1 - The passage I am going to quote (continued Mr. Sheridan) alwilys appeared to me to contain one of the most sublinee and • beautiful 'sentiments - of paternal "affertion ; I feel, that it would be' af. tsiftation hi me not to sty of my son, that whether in or out of pal liament, I would be proud to See him respected. In the poems of o:eiad, a man of the name of Mornee. who had a ion of the name et Goal, looking to that son, says, .4 0 I that my name was forgotten am ngst the people. and that in beholding me the people might say, there stands the father of Goal. Nothing could give me more delight, than in the same manner to near people say, then goes the father of: Traainas She. ! Wan. ( Hear ! bear I anti load acrldriations.)-. Having alluded ter a great Scotch pert. I cannot pass by this opportunity of *noting the Noble Loed, that there is not a min living mo e sEettiohate than I am to his ni_trttlern cnur,tryMen.— Three years ago I was in Scotland ; and I can venture td say, w.th trtrh, that a more ar dent. affettionate, and kind reception, or greater hospitality,. I never received ; and I am sure, that no part of the United Kingdom contains men pos sessed of higher, more loyal or exalted and digni fied minds, than the -inhabitance •of Scotland. Having promised to repeit Mr visit to that country, I shall be glad there to meat the Noble Lord, and to think the health of the Citizen,. of Westminster in a bottle of claret ; nay, I shall not grumble should it even be a Scotch pint. ( Lasighied and es pliwirv.) Passing from claret (although pethacs net an easy transition), I shad say a word or two •in regard to porter. lam sure the lberality of this as , emuly %Cal acerliesce with rne, when I state that Mr. Elliot declared, it he Lad known I was to I lie wemlif wit ha . -rfst-, 1; and et-at wenla abitrivt eelley min whn hl3 pry ised h.rn 4 1 •• , re r previded thet• ma: would volt for •T; Tier unlock, circumstance occurred, Ty etvt , , thee this eivratatbn vms f.fitred wSers •- Elb.7t :ad no More 4.ltes to proceee. f.c.at '..7.n.e.) Per*. • many of you may be suroti:acl sv t!ie dee!srew. lion lam now going to Make, Ine , ;, , comnisca ed of rl.e impossibilny or my • .-.•:••••• ; bnt at.th• 'ante time. you must k,niw, that hops t$ :me :•eare of re-/lion, and that when people have nr t h,,pe • along with their exertions, they cannot ttri g •hense selves to ad with proper elle° ; but with th re woo 'think it impossible for me to eomp-te with L•ril Cochrane, I'll enter at prese.v. int • no exp . . so at, bet thy tray mark my weird; I if rift exert Fara elves to place me above Mr. Ethott. the* sulk will see whether Lord Cochrane or I niil be dining Member." Lord Cocusanc—" Gentlemen, as the Richt Hon. Gentleman has shown me A good example, by returning thanks to the Ladies, I think it proper to follow it, and to return my Sincere thanks. for their kindness and good-wishes. I em glad es hear no more reproaches, as to Ministerial I. fluent, ; that, I hope, is entirely done away ; (Pie. ae--lead re•, pa, ANN verifies p-sple swears, the pipit:tee) ; rods tnerefore, as you i 1 d the truth of the pledges I - have already given, I trust you wilt allow ma credit for those principles which 1 have not yet had an opportunity of tultitlinir: I am gild to hear that the poll is to be continueJ, Isecau.e the Elec .tnt s of Westminster will do themselves honou►, its returning, those Hereseutative‘ who will never violate the Constitution, by making use mir.is. terial support r and who have not mide um of the public money, nor that of Privy Counsellor., to .retitrn them (Great disuposehatioq and Arising f As to abuses, Gentleme.,, which l have stated to exist, I hold myself bound to show that they do exist, however much they may be deGieJ. I ilaye alt along abstained frr.m alluding to what has bismt ...id relative to the cry of t• No Popery," as a:Mk it improper to be introdOced in this place. but I shah speak of it in another wrarte., when I have an opportunity. You heard a most eloquent and witty speech, yesterday, from :he son of tras Night Hon. Candidate. tie proposed, that the hindmost vessel sh mold heave-to. and take the other one in tow. I have already said, that any Coalition is an infringement of the freedom of elraiou, and I do think, G-ntl:inen, that were the person woo is at the head of the poll, to heave -to, an 1 talc., the o her in tow, he having already been des:basted by the Treasury, in a furious gale, that mrsoa would make, little fray. Ido think, that bad he gone with a far a your able gile. it is probable, to nse a sea phrase, he .:. • would have torn his bows out ; and as to the boa:, which was mentioned yes:arday. it w mid hark-, gone under water altogether. i doe say, however, you'll give this three-decker time to ropair. and get a ready tor the :zrvice cr the country. It I am an apostate, Gentlemen, I hope you'd treat me with the vo-n and contempt which an apostate deserves. return you my warmest thanks for the layouts you have contrrred upon me, and trust I shall be lavdura ed with a continuance of them, upon those pronci. plea which I have pledged myseit to in a. menace consonant to your views." Mr. Jewssinas seat claimed the attention of the people. P-4 thought it, is the E-st place, tweet ary to sire, in bosWerlolhe eloquent, able, and honout . Ale observations of Mr. Yi.om.o Sherodan, that the friends of ea Francis Borden. in af..rtnz truly and sin. cerelyupog the pt incisles upon which their Lam unite* was first founded, telt it im,io,sinic t r ask the second votes of their friends. Tog:ve sui reptidously their in fluence, wohli Ms a atolotion of those Fri-lopes and pledges, inro ahich, as the real friends to tie freedom of the country, they first entered. Was he to consuit his own titivate feelings, or could he reel atr.ht road, in the honourable and responsible situat:o woich he ;idled: to declare his own private opiniaa—that opinion he must declare in perfcC and datterrnMe4 support to-the pratinsions and claims of Mr. Sheri. dant but, as on the present occasion he bad a punlie aasi d fined duty to perform. it was impos.thle toe him to admit a mulitibn with any Cand:daies Mr. Sheridan had, with that magma-Avail , . that elo quence, and that teeling, %frijol sv pc, ul ar:y attach to him, p:eclged hirn,e:f to b. big to.tnre the Lstishitit'e, the ampositini• and oppression under which the poblicans of this country suffer. In the County of Middl.sek, it is a great and impos.ng bardai t ag I it tends in its operation to ntaddy,the right of Firition, inasmuch at it •subjedi such a respedable and honest portion of our fellsw•citizend to the votive:airy and prejaticel detetminatiod of i Venal pensidned magistracy. Will the Noble Lord, load as he is in his psofeinions; pledge himself to remedy this evil ?( tie, no. pester( wpwo wise, Aar Not per bras, odd masu of tie hosePothstr). Again he a,k,!.1, we .14 the Noble Lord pledge biassed to di.baud that battalion of household troops. who prey upc.r. lee purity of election. ani4 whose overthrow would d. huneut to die prole-satins of the Nuhie Lind But that (said Mr Jenr.ing.) will not satisfy me. as I wish to meet tam tine duel. sion of the Noble Lord. relative to that A.ltr.inas. tration, whose ingrets to power has been dark and dangerous. the Noble 1.,0rd co op:rate with them. the mcd, r say, With whose crimes :us aßruintstration the country is, unt,wttsnAtriv, 6.11 too Unmet ely ecquamtesi l /Laud ead tspeated approw Aaiun followed this swath ) . Mr. Tilostas Sussman began by alluding to a white-coated Orate, analogs. the crowd, who' had attacked hit father, and had said to nini, " What, Sheridan, wo'n't v on answer me 1" The reason Mr. Sherideo refused tti answer him was, because it would have been likecetting A blnek truh a rat r IV as certain the Noble Lord did not mean to misrepre sent what he (Mr. T. S.) had said yesterday, but nee words were these: He did slot ask the Corsirstodorn to take them in tow, but I::.it he would lit-tn, and lend them a few ; the fad was, the old piieki, commanded by his ladier. had hven thisughtld hive cleared out a little too lane; she wits' far astern, and wanted a few men. and it was ' merely oa that account he wished ilk ether vessel to lie-to. He was satisfied, that if she had 4 .0 0 so, they would have soon given her e babsoisdes and made her sunk. Ile professed ishnbtii , sir be a zealous supporter of Parliamtlitarf reform, and that was what they TIM IS all princip aiiy to l'he Noble Lord hid said. in speaking of the d;a. solution of Parliament, that it was a wised evil r