The British Press; or, Morning Literary Advertiser. — London, England, 1807-11-04 00:00:00

SpEl li A to ° l val e to • Lest sight ya dteas 04 all Tl,e teas^ menced re d the fr ee. of the ben led thr , b ,6,8; , by a ri J ? offer C t were at tel.,farehi g• o fisher t• to , A rdot ei a. ,2e past. it f. esters con. l a utelbet aborts ; I d a rt ol r in the On ft id , i G e alemi ! yid rns.b.e • 40, hi , • a ad robber , intrat. In coils • kilo , that p <III WWI ratrst, • iyant, 1 rcerded ma'am vaPP° tilt ; the mete of de irn!irt) xJ him ; to; he re • •,..a and Tender aced, a:. at the he cos a fello ...rged a The ail gloTe • was to s mape metaled All por. :Addy Ihenl ii,. aaJ tegie &serail ..eft:T too life, fa linage dearth, •Ily igint sate oral ty, newzd Tliaeete :ins a ear Ge lentify 17 to a in S. te ma. rtake New I al Yol blend ko awl a the si lan. ' nd the is weal chew, sorrximprom Octoari 31. A trorla cf the 13th Regiment of Light Horse , nrue to remain at the Barracks here . r t g ie night the Long Rooms closed for the season • t hebs ball, which was fashionably and nu ;y .I:tended. hein7 near the close. the benefits :,!.1 o n Monday last ; when Miss Kelly per the Widow Cheerio, in The Soldier's And Fberre, in Afte Grandmother, ;he benefit of Mr. and Mrs. Kelly. She was . e a, throughout with the most unbounded ap.. „o; and the audience were unitormly grafi by a rich imagination. and wonderful facility offer of execution. The airs in the entertain wee given with great science and sweetness larchioness of Lansdown, and the whole cir fashion in the town and neighbourhood. were HORRID NURDI:R. l ost desperate and daring robber, has, for some 1, infested the country round Havant, Chi (, and Arundel ; he is supposed to have col t conoderable property, a. he has broken open m b e r hou-es, as well as robbed all descrip pawngers, at all hours of the day, as well t ; his condu& was so alarming, that the in. ants et the above towus and neighbourlnrod e in the greatest dread. On flidny, about two o'clock, the villain stopped .eletnan on horseback, near Arundel, who hay- F ond horse, put spurs to him and rode off with tsb:e speed ; the robber discharged a pistl, b) ever, providentially missed him. On I morning, ab-an el:yen o'clock. he stopped robbed a Gentleman between Arundel and In cu..segnence of this dating robbery being do kbown, a number of gentlemen, and others, that part of :he country, went in different di arrne,l, in peewit_ of the robber ; among were M.:. Pinata, Cowdray Park, near mr.t, an. , Mr. George Sarjeant, son of Mr. int, of Lavington. thew gentlemen had not Jed far from Lavington, when they observed ,answering the description of the robber, and ipposed he was main towards them, to rob they, accordingly, , put themselves into a rot defence, by showiarg their pmeils ; the man is to a wood close by, and the gentlemen pur- Ike Mr. Sarjeant calledion him to surrender, he refused, and made use of the most horrid threats. Mr. Sal jeant ordered him to again, or he wou'd shoot him He still and Mr. Sarjeant presented a pistol at him, tt the same time, desired the man to surrender. yield not bear the thought of taking Use lite a fellow creature ; at this instant the man dis id a pistol at him, and killed him on the spot. villain iminediatt ly threw off his shoes, hit, cores, great c tat, leather-cue. used by lira is guard the locks of their carbines, and made escape from Mr. Piirrta. It was supposed be sled li'inself in the wood. _ pursuit after him had proved fruitless. up to *day night, when our account left the country. The villain is supposed to be a native of Graf sad to have deserted Erato tin Navy wad sr NigitWelltt. Mita ACCOUNT, Yiniil A coaasseciwoure AT IiLTWORTII. Us stvet al mnn• h 1 plbt, the roads leading to Chi -•r have been ititested by a robber. who has too successful in his depredations. Strong kith' having, from his chatader and manner ir, fallen upon a man who lives at GraWham, tinge under the Downs, between Chi:hester and earth, sums attempts to apprehend him were tly made, but without success. In this service, iiill 84aGINT, with all the ardour of a young Gaup ising 'oldie,. had volunteered. On , iy, he, in company with two ether gent.emen, eiv:d the pursuit. with the Lisdable eestre of tinting the canary. if possible. tram such a p •st. ng at last discovered in the skirts of a wo id • Crailum, one of the gentlemen, in order to ttify him. approached hits, and asked him the is a cutain place I Having received 'a surly Per, be lest him, and gave the signal for Cap- S. to jvin him. ebb was tke only one that was ad. The villain attempted to escape, but was , ertaken by Captain S•acamer, who said to him. New I have you in my power, but I won't take ray your life." The fellow, immediately press ting blunderbuss, answered, ', Damn you, then, I'll Fe away yceis," and shot Captain SAIIGINT dead the scot. Two balls were found to hi ye entered 'rhe one had posed through his cheek, the other his breast. The murderer goal: escape, nor has he yet been apprel ended. Rut .the was ke:t on Monday. and as the military and •thers are making every exertion, it is it/ ire hoped he will soon be ta k en , an d st i ff e r the punishment u is ta due to such a complication of guilt. The untimely d eat h o f C apta i n JR allUtaT, Stlffiii Cl'in l l Jilting of *self, is rendered still more so by circumstances. He was the son of Jolts SAlte °LIT. Esq. of TwickenbAm, cn.e of the Auditors of Public Accounts. He went its the last unfortu nate expedition to Holland, and, being wrecked in a storm, vr ivideatially escaped with his life, hat it wa. only to be a prisoner in France. He was lent to Verdun. but. after having remained there som e time, it was in contemplation to confine him fine closely. RefleCting with horror on a French prisms, he attempted to snake his escape, and hap- PIT toceeedA. A few weeks ago, he landed in Lagland, to the inexpressible joy of his friends. He oat of a lively, open. and generous disposition ; and, from his own good qualities, and the real worth at his nearest ulations, his premature death excites the deepest regret through all the neighbour hood. He was 24. years of age. We boast of the Liws and liberty of lf.ngland, and with justice; brat w. cannot boast of i• s polite, when a country, only mars distant from the metropolis, may be infest by a robber with impunity for such a length of _ - - " iwt's 4 rdi 7 dr," says the comedy.--He is se, si d yr ll tell a tale, next Friday morning, in the N ..otteiy Plan, wordh 4.1,1at0l But advert liners most rake d• 7 drne h tAt . frelock," by pos s-,ung gJa ., ficidtinns previous to that day's great evriit, it they intend to be candidatcs for its 'm ixture haze. LAW INTALLIGENCS. COURT OF CHANCERY, L.II4COLMNIxt4 li.:Ls., Nay. 3. OPER A-HOL,SE. Mr. HART, with the concurrence of the opposite Counsel, postponed his motion upon the 3 , 3bj• ft of the management of the Above concern, to the first motion day in the term, which is Thursday sennight. POST-WITS. BOWES u. KeYS• . Sir SAMUEL ROMILLY, on the part of the Plain tiff, moved for a continuance of the injenftion, for- merly obtained in this case, to prevent the Defend tnt from reaping any advantage horn a security irrcgu• larly obtained, and which was incompleo at the time of a certain contingency taking place. He then stated the circumstances of the case from the bill. It appeared that Mr. Thomas Bowes, the Plaintiff, is the youngest son of the late F.ail of Strathmore, and consequently was heir cf entail to an extensive property, after the decease of his elder brother, M•. George Bowes. In the year 1804. the Plaintiff raised a considerable sum of money, to , - pay off debt& which he lied contrafted, and being in straitened circumstances, he went to reside in the Isle of Man, where he remained till the year 1806, when he returned to England. He then became connected with theDefetufant. Mr. Keys, who WAS recommended to him AN a person who coirAd lend him some further sutns o f money. Aeckdingly, upon the 16th of December, 1106, the transadtion, wmch was the subjedi of this suit, took place be twixt these parties. Mr. Krys ayrerd to advAnce to the Plaintiff the sum of 50th. upon conelitum that Mr. Bowes s:inuld secure to hini the payment of 20001. wit-never Ile came into possesAion nt his es tate, his elder brother, George, being then alive. To this Mr Bowes agreed, and 1 deed was executed to that tired. _ A Mr. Fortune, the gentleman who had at first re commended Mr Keys to Mr. Bowes. was, tot that .noodu2ein, to receive the sum of 7.51. writer. was to be pied out of the 5001. It. 1.01,?:24ci, tar. eJ out. that Mr. Keys had not money to enahle him immediately to make the icily %nee, but A &mg to give a Bill of Exchange upon the house oi Citos venor and Co. for .5901. And to give Mr. Keys his acceptance for the 751. This heiog agreed to by Mr Bowes, the bond for 2900.. upon she cootie. gency above stated was deliv,ied to Mr. Keys At the request of Mr. Keys. Mr. Bowes insured his life, and pail the premium, and other expense., amounting to 101. 134. fid. At this time Mr. George Ft.wes, the brother of the Flaintiff. was i:t A very bad state of health, and died. unmarried, upon the 2fith of December. IVO. only tan days otter this transatlian load taken place. in conse quence of tii;s event, the Plaintiff succeeded to the estate, and Mr. Keys was to Claim a title to a sum of tour times the atnouat of that which be bad agreed to Advance, alleging, tbpt at the tune of entertag into this transatoon, he did not know of the elder brother being in such a bad state to health t and s thetefore, he had taken no unites advantage t nut. that he honestly and fairly entered into it. U.:der such circumstances, it was to be hoped, teat the Court would, an equity, hi:Papule its authority. and not allow such a uansaftwon to stood. wh:reby person in distressed circumstaaces was to be taken so much advantage of. M. H• It r and auother folios Id on the same side, and argued, that the deed in qoestion was one which nad been obtained for a corms:era:ion. which had too actually been pail and therefore the Dil• fendeot ought not to he altowe to tale the ...ilea,- tage of that deed. The deed itself rscitrd that Mr. Bowes, bring desirous of raising money. tdr. Keys had undertaken to advance him the sum of 5001. for which sum he was to be repaid by tour times the amount, upon a ~ ettain contingeoey taking place. Upon these grounds. it was evident. that the whole statement contained in that deed was false, and Mr. Keys himself admitted, that he had net actually paid the stipulated sum. He only $;lVe Mr. Bowes a bill for that sum, and of which h4:l Mr. Bowes has never reaped any advantage, having only held it as a security. 'Lire insurance whic had been effected by Mr. "Phis Bowes was for 600,. and the premium had been paid by him, so that Mr. Keys had neither run any risk. nor had he been put to the smallest expense during the first year. Before the three months, when the bill became due, had expired, the Plai n tiff had requested the Delen3- ant, to deliver up the security tie had so obtained from him, as an heir in expectancy, he (Keys) be ing well aware of the dangerous state of Mr. George Bowes's health. Such bring the real state of tile case, they thought his Lordship should have no doubt as to the propriety of e funning the injunc• Lion, till the matter could regularly be decided. Mr. RICIIAI4OII, on behalf of Mr. Key., stated, that Mr. Bowes krew, at the time of entering into this transadion, what he was to he b noid to pay the Defend int, upon certain contingencies ; and it was surely most unseasonable, now that he had come into possesion of an estate, and was able to pay, to complain to his Lordship of any advantage hav ing been taken of him. Was it equitable that Mr. Bowes should thus endeavour to reap all the ad vantage, and to leave the Defendant to run all the risk ? Mr. Keys might have lost all his money and the interest, there being no doubt as to the acceptor of the bill being liable for the pa ; ment of it. so that it was equally the same as if the 5001. had actually been paid. By this means Mr. Bowes was to reap the advantage of the Defendant's mo ney, without running any tick whatever. How could any Court ascertain what was the real value of the risk incurred by the Defendant ? It was perfealy impossible to ascertain such value after the risk was actually at an end. George Bowes, the elder brother, might have married, and might have had issue; and in that case there was no saying how touch risk Mr. Keys had to run; while Mr. Bowes gained the advantage of having a large sum of money, which he, perhaps. would sever need to repay. Although the value of the bill was not actually paid, theHtcarity which had been given for it was perfeilly available ; and Mr. Bowes knew per fettly well, that that transaition had taken place some time previous to the bond being executed. Although Mr. Bowes said for the Insurance, it was to be repaid by Mr. Keys, as well as the sum of 731. to Mr. Fortune. He submitted, that under such circumstances, the Court could not interfere, so es to preyed •It i lea of the ContiOrtnev. which had taken place, or to determine that Mr. Keys was only to receive back the 1001. inst.ad of receiv. nq, according to their original agreement, the sum of 20001. The Loao Csiatrcettna observed, that the same arguments might havebeen uszd, al:hough the 'um to be paid upon the contingency bad been four times peat*, than in the pietent instance. The Court had, upon former occasions, said, that it a man will deal with persons in that way, and agree to piv a sum upon a certain contingency, there is policy in m tking such bargains fair and reasoliable ; for in carrying such bargains hire execution. the Cotut at least gives to tfe distressed individual the whole benefit of such a contra& No man could doubt, however, that the present case afforded a fit subjed for inquiry, and therefore he should can nano the injandion. COURf OF LING • S ISENCII, Can , Nov. 9. THOMPSON V. WiLLINO TON. Mr. Gaaauw stated, that the Plaintiff is a gen tleman who had been in the East Indies. and had accumulated a large I , rtune, part of which he lad embarked in the cotton trade, as a buyer and seller of that commodity. The Defendant is a broker, residing in Manchester, and wa4 employed by Plain tiff to dispose of a qumti:v of cotton. On the 20th of November, a `lr. Roberts offered fourteen-pence a pound for it. and in some short time after, De fendant soli it (or eleven-pence, to the great loss of the Plaintiff. This aetion was therefore brought t.‘ recover the difference. as he would shew that the ' loss was occasioned by the neglea of the Delendaiit, and also for a balance that appeared due by the bills of sale furnished to the Plaintiff. . _ Mr. Martin, Clerk to Mr. Thompson, proved the / different bills of sale sent by Defendant to Plaintiff. I Mr. Roberts proved that be offered fourteen- I pence a pound for the cotton to a Mr. Hughei-, who did business for the Defendant, and agreed to wait until the 'londay mottling following for an answer. so es to give Defendant time to writs to the Plain tiff fr:r his approbation. On the Saturday following he met Mr.liughes. and water' him, had he written ? I and was answered in the negative ; on which witness thought himself ezonseated from his bargain. On nis creel-examination, by the ATTORNEY. Geseasn, bc said that he had never spoken to the Defendant, and did n.it know bow far Mr. Hughes was authorised to aU for him, but had never seen line other person sell cotton for the Defendant but Hughes. A letter was produced from Defendant to Plaintiff, dated the 210 November, stating. that the Markets were dull, ati: the most he could get few the cotton was 13 or 14 pence a pound An sneerer to that letter was next ;vac!, dated De. cemher S. stating. that Plaintiff was surprise that he cotton was not sold. as he ha I been in formed by a Mr. Goseling, of Manchester, whom he had written to for ihe purpose of inducing him to become a purchaser, that there had been 14d. offered, which had been refuwd ; also requesting that the cot on might be sold, as he expected U. &Want was tired of as well as him-elf. Ana iher letter was produced, dated Dec-moer 18. wines by Mr. Hughes. for Defendant, to PI iintifF, stating. that the mayhem w..re very Liw„ but that he would dispose of the cot ion as soon as possible; and that as to the offer made by Roberts. there was some mistake about it. The Areossee-Gsusaa 1.. for the Defendant, stated, that on his first view of the Ease, be thoUPIN it use of the most complicated he had ever s• en. but his opinion was now quite contrary. It had no- been proved that Hushes was authorised to as for Defendant, nor did it appear that there was that kind of agreement between Mr. Hughes and Mr. Roberts, that would make it obligatory on the latter to take the cotton, even if there had been a communication suds to the Plaintiff, and his sn eerer, s-ith h.s assent, had beets received in due d Et.Lassoaouott said he wu of a different or •-on. Arroenev-Gessaeat continued to argue. r'• it Mr. Hughes, n^t be.og the Agent of the - M. endato, he had no lieu to communicate the offer to Defendants Vat Uefendant certainly did net know to the off'e'r or Ise surely he would not have wiitten in , en lose ' e did, on the 214.1 o Nov. to the Plaintiff t hid not 14 en proved that he would not have • ten 14 pence, if he had known of the offer ; for,eriorn oe got the letter of the 224 menti,•ning that it was supposed there could be 13 or !4 pence got for it. he did not seem to be 'a a horry but kept pondering over it, until the .sth of Decein'-er. Under all those circumsta, ces, h , did not think his client liable fir any loss that might have occurred on the sale of the cotton. As to the balance of the sales remaining in Defendant's hand*, he did not dispute it Lord Ectenaoaouoir toad the - Im.y they were die best judges, aid to make up their miti..s on the fads, as they were proved; that they %vivid con sider how tar Hughes was an agent, and from rn judge how far the Defendant was responsible fir the loss to Plaintiff'. The Jury retired for half ..n hoc., and returned with a verdid for Plaintiff-9571. 19*. 4d. BUILDOM V. CORPOSATION 07 TRI •SIITON CANAL COMPANY. The ATTORNcy-GtHica A L stated, that the Plain tiff, Mr. litirdaii, had a sum of 5.0001. iu the WM: of a Mr. Wilks, who was also agent to the Ashton Canal Company; that on the persuasion and advice of Mr. Wilks, Plaintiff agreed to lend that sum to the Company, payable in two rats and a half. on condition of six. months previous notice being given, to near five per cent. interest, and to be se, ured by a inflame on the tolls of the company. The money was .dually delivered, and a receipt given. Plaintiff, upon applying to legal advice, to have the proper %ethic". drawn, was intcrmed, that the Cor poration had no right to grant the MOttgAge, as there could not be any priority in claims apinst the Company, and that 90001. had been repaid to Plain- Mr. tiff Edward Manners proved the receipts given by Mr. Wilks, for the Corporat•on. Mr. Gerson, Clerk t i the Company, stated, that the Corporation wished to pay the Plaintifi's de mands, but wanted time, and that there would be sOOl. soon ready. Lord ELLENBOVOUnn was of opin , on, that Plain tiff ought to take judgment, with stay of caccutios, far a recce:. titles Mr. 0 • 11 R *w. Counsel fornefendants aerptiescect, and it Ira, s-ttled that 5001, 41.(..)1e1 he 1 t:in • • months, t.4lt the remainder m tw.lve months r d the atLer halt two 'wars, with interest, each p sty to pay his owe coat. - BUTOMIS •. A TSIWII. This wss ao sabot bravest by the owners of the ship Me, against the nwners of t!,e slop "Irma 31.1.14, to recover a compensation in Jama,..tes. thv layer hssting rust foul a Viet:lse, !wiped her , snw ar ,, i damaged her otherwise very filtlC? Hth were beating out of Torhay. bei• sr part ot a con •‘./ bound to the westward. It !):tving huen roved that the accident was occasicned ty,the fit ' ft of the officers and crew .4 rh. Im, a tferia, vie Jury returned overdid for the Plai -tiff OLD JIMMY. NIDV. I. -- - Nothing either impi.rtant or interesting occurred in any of the trials in which ter Cow' were this day eng Ted. The following sae bas a compara tive preference to public attention. Georse Feltheis stood capitally incßted for steal. irg seven boxes, containing so idry di,zeos of store and also sundry pounds weight of mould s, then the roperty of Mr. J .cn Dawkins, deceased, but now hclongtog to his Exe-utors, and Thomas Shipman, for receiving the same, k.iowing them to be stolen. It appeared from the testimony of one William Baker, a servant in the employment of Mr. Day. kins, late a 'fallow-chandler. in Mourt-str...tt. Grosvenor-square, that the Prisoner, relthcm, a Sr. aprre:itice, and had, during a tedi.,us illness of his master, been cunfi ennalty entrusted with the care of the business. The Prisoner, Sicipindi- was a Cabinetmaker, and a particular acquaintance cf Feltharn, so much as scarce to miss an evening without calling on him at Mr. Dawkins's hen. . The Witnass miss-d several boxes out a store-morn, to which he and Feltham had access, and in consequence of some suspicinas, he mut municated to Lis master his apprehensions of the honesty of Feltham. A wisrris,ii was then pr,- cured to search the apartments of Shipman, e ed sundry boxes of eandlrs, and boots and shoe- . 'he property of Mr. Dawkins, were lcund. on the Mb of last OZtober. 'lke lordlody of the house "'here Shipman lodged, proved, that the apArments where [le am. tides were found belonged t the l'r.soner, Snip. wan. _ _ _ A Mr. Fielder, the Attorney of the late Mr. Dawkins, was called to prove a confession of Fel then,. as it affeaed tae Prisoner .-Jupusan. The RICMIDEII asked was the latter present when it took place; Ee:ng answ •red in the negative, the Court could no! receive the testimony. VerdiFt in both cases 4 a.alty. Jaireb liewitrorr, a soldier in the East Lon& n Militia, was a , 9 •itl ed of fleabag a trace hat nets, the propaty of Mr. John Green. POLICE. u:=imr•* a t. t.. A baker, signed Tait, who tesi.e. near Kea. rirgtes-aoss, Lambeth, was yesterday charged belort the Sittirg htigistratas. by 'b- Parish In. sp eon. with exposing a quantity ot br-.id f< r deficirn , in weight. A quantity of light bread was pi winced, by Lloyd, the Officer, and tl.stre ap. peartd i t thr whole a de6c:eney of 117 ounces, for which the llvtencliost was fined 291. 51. _ Al out a month ago he W4I lined for a similar off-nee. _ _ _ iirr.ry Slade. a baker, who lives ir, Duke-srreet, is the parish of St. Savour, Se uthwark. was ar_o charged at the above Office. with LkewLe exprising for sale a gthurity of 4r. ad, wh.ch bri• g produced in Court by Mai•. rn Offi-:er. and there 4pearing a great deScrenc%. the blAote s ordered him to be fined the sumo! 21L 3s. BOW STRUM. Wall ins Smith was last evening brought before t!. pre>iding Magistrate, having been seen by one of the officers who attend Covent-Garden Therre, to put his hand into a gentleman's right side-pocket, and afterwards into his left, in the passage lead:nes front Bow-street to the pit. The officer immediat- !y took him into custody. and searched hire, but could find nothing on him. Ha bad lost sight of the Gentle man ia the crowd going into the Theatre. The prisoaer, in his defence, stated, that he is a poor man, very much aglidle I. being in a bad stale of health, not able to work, aid earned a penny by going errands and holding lories.—He was com mitted to prison, nut being able to find hail. Mrs.. Winn r. a very respettable looking woman, was hreught up. charged by a oft. WMgfiel 1, a pownbtoker of Di uty-lane. with del:mailing him of 30s. • Mr. Wingfield rated, that about three weeks or a month ago, a woman very like th- prisoner, came to bis shop, and pawned a bundle. containing several articles of weating apparel ; next J., she easeragais, and proposed to redeem it, and at the Linke tune on pawn a piece of cotton.—‘'.'t ne,s hav ing placed the bundle upon tee counier, proceeded to measure the cotton, and the It/M13.111 shortly after said she had changed her mind. and would not redeem the bundle, ■n t went away, (Joon examination, lime,•ver, he found that while he was measuring the cotton, she had contrived to substitute for the ori ginal k , unti ie. one crattly like it, but of no value L t Monday evening, a , live n'elack, the Prison r carne to Mr. Wingield's shop, to p two alt OWO, d the sk)rnan took her into tustoay. All vie women who kid contnitted the abov.• fraud. She was i- - neediatety taken, with an infant eht.,l in ner at • I, to . Gtlei s watch.house, where she was confititu until br aught up last night at eight o'clock. Mi. AVta p .,tield could not swear posaively t i :at r,e person who had committed the trait& The M hoist erre censured Mr. W. far Mrs. Win:er so lung confined. without Wing floor* a Magistrate. in defence of wash, states. that on the evening the Prisoner was i, , to custody, he wig obliged to attend Bailey nevi nine o'clock at nitzlit, and the until two, he being bnotrd over to prosecute Several respettable persons gave Mr:. V, most excellent charaaer, and declared their ness to assist her to seek redtess.—Mrs. she was keeping her Mr. W. ras tak,n the 01 nest d..T. e there Vim a rir res - W.ras