The British Press; or, Morning Literary Advertiser. — London, England, 1808-12-16 00:00:00

0 'F. THE BRITISH PRESS. LON DON, FRIDAY, DEtehinga 16. The Plymouth otter of the l.th instant, receiv ed vestenlay, contaiiied the folios Mg 1.41 . 14gra pit : morning arrived the buleyisiiirehle, 44, f ro m the NVestward. Two ()Ricers landed fuoin her with dcipstche,, and immediately set MI for Lon duu„ It is rumoured they bring an account of the junction of the of Sir DAVID BA.IILD, Sir JOU !I MOOIIE, and ti Nittrquis of ROMANA, miming a total el near 70,n0n men, and that the defeat of Carryon is nut of the serious nature be fore supposed." This account was posted ut LL.ort♦'S . yesterday, •ad excited a great sensation in the City. We arc sorry that we cannot confirm it. The following, we believe, is 'lie substance of the whole of the iii trilignee received 1, Government from Spain : Accounts from Sanignsvit, dated the state that the Arrapaite‘e and Andalusian divisions did not starer much in the battle of Tinlela, on the '2.3d. The Valenciaas and NI ureiaas suffered most, and retreated nt cmilu...ian to Saragossa, which is and to content a force of 13,000 men. c„ rrem i H ol m'. division arrived at Villa Cumin, en the !Nth ult. and would be at Arevola the 39th, ao his route to Salamanca, iu the neighbourhood of which place it was expected he would form inuetion with Sir JOUN llooas. The French force in the hank of Tilde's was 40,000 infantry, and 40G0 cavalry. The position of CASTAPOI was unfarouiahle. '11)0 precise ►oute taken, by General CArtvios army is not given. A Mail from Cortnina arrived yesterday, with ktters and papers from that city to the sth of D.•- cember. No intelligence of the battle and defeat of Casiatros, at Tadela, on the ind, had reached that place, sine is there any account from Madrid of_ a later date than the 19th. The defeat of BLAILL . II army at Reynosa and Espinosi4 icv said to have been less disastrous then they have peen represented, and the• troops are rallying.— The last division of General klAtao's army left San tiago ou the 13th of November. for Burgos. Our translation of the eight Brilletins of the French array in Spoil., ii.ginuing with the fifth. and ending with the twelfth, as given in TUE Dat- TOR Pages of yesterday, was, from the shortness of time, in common with our contemporary prints, inaccurate in souse places. We this day endeavour to supply the deficiency, by giving a correct copy of the tenth Bulletin, containing en estimate of the Spanish army, in which it is stated at sixty theassowl effiesSiwer able in Catalonia, Madrid, &e. subsequent to the battle of Tudcla on the 23d, and exclusive of the reinnaut of the arum• of CASTANOS.atnonoting at least, as we stated yester day, to upwards of 30,000, making to the whole near 100000 effective men. We have also given two or three of several intercepted letters from Officers in the army of General BLAKE, annexed to the Seventh Bulletin. It is almost superfluus to add, that they are manifest forgeries, for the pur pose of *hewing, that instead of courage and patriotism, weakness and levity prevail in the ranks of the Patriot Army. BON had reconrse to the same means in his campaign in Egypt, and in his late campaigns in Germany and Poland. The present is the fourth edition, but we cannot boast that it is melte audio . of ogee*. After the moat attentive perusal of the Mani genre that contain the Bulletins, which bring down the operations of the French army to the 118th of November, we confess that we are utterly at a loss to perceive the imperious reasons which have pro duced the precipitate retreat of Sir Jowl Mooat. That such reasons may nevertheless exist, we are far from denying ; but assuredly, though visible to military eycs, they are not easily discernible by ordinary understandings. Let ns assume that Bo lt AAAAA E's relation of the battle of Tudcla is nei ther amplified nor exaggerated ; yet, even on this supposition, the army' under Casrasos, though de feated, is not destroyed. Bat we hare much more solid and satisfactory ground, on which to form that inference. It is, that the Moniteurs, though they come down to the 11th of the present month, yet contain no information of the progress of events au Spain, beyond the 28th of November. It can not, however, be questioned, that if Naror.EoN had either obtained any siznal advantage, or had e-itereil down to the 3d of December, it would have been known at Paris before the 11th.— In tact, except the victory of Tudela, we find little besides declamation, description, and contumelious observations on the Spanish people, or on the English Goveivamient and counsels, in the remaining Bulk bus of the Corsican ESPIL/014—Far from having approached the Spanish Capital, be seems, as far aa se can collect or infer, to have remained at a re spectful distance from it. Aranda de Duero is not lime than a hundred miles north of Madrid. He a4serts, indeed, in the ninth Bulletin, that " the utmost confusion teem to prevail in Madrid, and he eiwie uatt.,n a iciously desires the restoration I tranquillity ■a 1 peace." A. he pi oduces, how eter, no proof whatever of the confusion which he describes, we may lie perfectly easy OD that point. The vague cleclaiaCou contained in the sixth Bul letin, that " our advanced parties of horse go on the left, as far as Soria and Madrid ; and on the right, to Lcou and Zamora," seems to he entitled to no credit whatever ; since, in the subsequent Bulletin, the screrith, he expressly says, " The Cavalry of General Issst.i.a hiss pushed its ad yawed posts as far as Samosieri.a." Now wo k.ew that Sansosierra is about forty English miles nearly south of Aranda, on the direct rood to Madrid, and situated among the icountairus that divide Old. from New Castile. The seventh Bulletin iodated " November the loth. Burgos." It is curious to reflect that Gem Hope, with the division of Bri. tish under his command, was at Guadarrama, on the 34th of November, which is not more than 45 miles distant from Samosierra. 'set we cannot discover from any of the French Bulletins, that they knew or suspected such a corps to be arrived in the vicinity of Madrid. It is nevertheless diffi cult to conceive how they could have been ignorant of it, when L•SALLE was so !Mir hilO: of JOGLPII BON•PARTE. his existence, or of the share which he took in . any of these events, we are left in total ignorance. Ile probably remained in our of the tow iis on the batiks of the Ebro, when CASTANOS was attacked by the French at Tinkle. It would really appear as if the defeat of the Spaniards on the 23:1 must have been transmitted to General )loons: with some exaggerati ~,,, to have caused on his part so very immediate and decided of• measures. It is a prodigious distance, across one half of Spain, from Tudela to Sidemen ' ca. Nur call we perceive that ally body of French infantry kid been detached by BON•PAIITL to the west of Burgos, Lerma,and Arend& But each of those places is more remote from Salamanca than Is Astorga ; and we ea t suppose that a body of cavalry, ►tationed at Benevente,or at Zamora, would be capable of indecing or compelling Gen. Nluotte to abandon all attempt at forming a junction with 13411111). Yet such appears to have been the fart. Nothing can be mere evident, from the contents of the eleventh Bulletin, than that the victory gained over CAST• OS was altogether incomplete. It bore uo siaidarity to NaeoLtou's triumphs in Ger many, or in Prussia. We have only to read his own account of it, to perceive his disappointment and vexation. It falls on the Duke of EICHINGEN, who arrived, it seems, two days to late oil the field of action. Fatigue is assigned as the cause of•this unfortunate retardment. lint what have been, as far as we know, the consequences and revolts of this signal victory of Twirl* ?—None. Saragoisia lies only about .t miles lower down on the Ebro, and we are well acquainted with the celerity of • the French movements, after a great advantage; yet we rend nothing of the march of the victorious army to Sarago.,a. On the contrary, we see that in the twelfth Bulletin it is expressly stated, that on the 26th, three days subsequent to the ac tion, ELLIIINGEN had only reached the town of Borja, full thirty miles from Saragossa.— To supply, however, the defect of specific advan tages, general, declamatory, and metaphorical expressions sire used : " Disorder and delirium. have seized upon their leaders." Elsewhere, we find that ictory has thus struck, as with a thunderbolt, and dispersed the whole league of the enemy." These assurances may pass current at Paris, but facts alone can sustain the amazing for tune and giddy titration of this revolutionary Conqueror. Much evidently remains yet to be done before the Beset 4RTS Dynasty is quietly set tled beyond the Pyrenees. Dispatches were received, yesterday, at the Admi ralty from Sir E. NIIIGLF., at Leith. They are the unit dispatches receive., by Government since he has taken the c wand on that station, but do not contain any thing of consequence. Letters from Astorga, dated the 30th of Novem ber, received )esterday, from Officers in the army of Bean, state, that in consequence of the intelli gence which had reached them of CASTANOII . de feat, they were beginning their retreat to Commie or to Vigo, from whence they expected to embark for Lisbon. It is difficult to conceive how so strong an impression should have been made by the victory gained over CASTANO‘ on the 23d ult. as ire bud it relate.l in the French Bulletins. Extract ore letter from Clonrsel,dated Dec.7:— " On Saturday night last, a most desperate riot and tumult took place in the town of Tipperary, in con sequence of a prisoner having been taken and his making. resistance. A mob immediately collected. and began throwing atones in • most violent man lier, and wounded several persons, amongst the rest a young lad about 13, whose life is despaired of. RICIIARD SADLIER, Esq. a Magistrate, with his usual activity, immediately repaired to the scene of riot, but incautiously without any assistance, when he was attacked and received several desperate blows from stones on his body and arms, before the guard came to his relief. He was tenni:ism enough to secure two of the ringleaders, whom he pat in cooduement. " Yesterday, in the middle of the day. two most audacious highway robbenes srere committed on the Cork road, near Csornsanstown, between three and four miles from Clogheen, the noted ronlv-r Brewton, and an associate. One of the chaises stopped was occupied by two young ladies. on they return trout Cork. from when. they look all their cash ; the oilier contained two gentlemen, oa their way to Cork, who were diseocumheresi of their IL 1- oey, watches, and pistols. Brewstaw, however, re turned the watches. The two robberies took place wit►iu half au hour of each other." • • k( 1 S . 1 It TS • =4*(b-- ..- 0 l i3 i'l , BI POETRY. LID; F.S, WRITTEN ON ♦ ♦IEW Of PLENLIIIIIOM, IN WALE/. .10 Silence is sunk the me. t harp of Llewillin ; And, Plealimmoa , tby echoes are still as the grave, Save that o'er the rude steep the wild eagles are yelling, Laid the deep diatribe roar of the surf-broken ware. The Minstrel no longer shall wide spread thy glory, Nor inflame thy rough suits with the fire-breath:lig strain ; Nu Poet shall tune has sad harp to thy story, Nor %rep fur his brttlucu Slat crimson . ..l the plaits, Yet sacred Tor ever the echoes that rung With the strains of lAewellin, though still as the grave, IV here Modred and mighty Cavallo have sung ; Though nought be now heard but t►e surf. broken wave. And still with sweet fervour and hallow'd devotion, I mark where the Conway is whittled with Mete be rolls over rucks his pure stream to the ocean, And the hanks where sweet 3linstrele would carelessly And hallooed each vale, and cash belth-cover'd mousitain. Each stremalet that gushes t►eir furrows along— Each wood-tweed steep, sad each clear-/owing fountain; imps by tits liaise., sleeted is sawg. The Dowager Marchioness of BATE is gone on a visit to her daughter, the Cossute.. of CIIESTEE ELD, at Bradley-hall, Derbyilsire. The Duke of ifEAu VOMIT, the Marquis of Wok- CUTER, and Lord G. SW/EXALT, kit town, yester day, for WoodAtorE. Oxfordshire. Lady SARAH BAYLEY left town, yesterday, on a visit to the E.,rl and Countess oiJttiwLV, atOyterly Park. Cul. anal Mrs. Ilaxasca returned last week to their house iu Grosivenor-square,froui Lancaeliire. r ST. Gt..0111.E. (AL HAD aill gise a grand din ner, tins day, at his house in Wiuipuic-street, to large. party of Fashion:ll,les. Hcacter %% ttnut, Esq. is going no a visit to Viscount Ctazon, at Hagley, Shittoirishire. The Marchioness of HEADFORT and Lady M. TAT Loa returned yesterday to their house in Stan hope -street, for the seicion. The. Doke and Duchess of firtivoun are ex pected in tout:, to-morrow, from V. üburu-abbey, for a few days. Lord Fetes , stare a grand dinner, yesterdaY, at his house Berkelev,i l uarr, to the Earl of lisaavisoue, ST. GrOItUr..CALLFIBLD, Sir HLINIIT V. TustresT, the lion. Mr. CuveNTae. , Ited several other persons °fellation:nun. The Earl of Ilattowteistc. entertained a select party ut dinner, yesterday, at his house is St. James's-square. Artiest. at Ruth— 4. F.arl of Belvedere , Earl Paulen, Lard &miller, Lady Byer, Lord and Lady Poretiesier, bir 7e.. euttburst, the W. d'Coert, Admiral Peader, CABorl Mhos , Liest:Coloast Pager, Major Itry. Major Eisttaer, tipjur Wardlove. Set otf trout Eilintairuii, on cite 12th, the Right Hon the Earl sod 4:aunt's& of floosie is; and the Hork, Captain Boresata.—Arrival ist the lame pietas Mrs. M•Dosisto, of Boyislatti sad family, M a jo r M1T, L 2 L i. 60 3 and family, and Ciiriveral R. StrettAßT, on his way to London. - The Directors of the East-liidia Company have appointed Dr. cH A vAs A;heLIAN to instruct their Medical Assist:nits in the disease" of the Indies, witu a salary of tool. per The wnott of the Pruceeding,s of the Hoard of Inquiry, relative to the Coventitta of. Ciiitru, is or dered to - be pnnted. and distributed by Govern-. wigs A vacancy has taken place iu the representation of the borough of St. Albans, in consequence of the advancement to the peerage of the lion. J. W. GlilllsTON, by the title of iseount EoaaeSTea, upon the death of his coasiis Baroness FORIMDTLI. Earl SwEtsceit, we understand, has been requested to nom:late a stiCatabor, but with a nobleness of mind, worthy of his riputation, he has declined to interferes Thursday, the Court of King's Bench, Dublin, was occupied the whole day iu a cause which has for some time excited a particular degree of interest in the uul,lic miod, namely, an in:tuni whereas Lt0111•11D M'N•LI.T, Est. Ba r rist e r e t jaw, ass Plaintiff, and J 0•11111 HOUND, Esq. Barrister at Law, was Defendant. The action was brought fora compensation is damages, inasmuch as it was alleged that the Plaintiff had heel) removed from the office of Deputy Seneschal of the Liberty of the Manor of St. Sepulchre, under the Archiepis copal See of Dublin. The case au roferred to the decision of a Special ury. The Jury, at eight o'clock in the evening,isrought iu a verdict for the Defend ant. with 6d. costs. The Ticket No. 7,0f51, drawn en Tuesday. Prize of £5O, and vititled to the produce of the Grand Prize of 500 Tickets, was deposited at the Bank of Erigland as per Lot marked A. No. 5,001 to 5,150 and 13,001 to 13,250, was shared in out Half, one 111u4ster. one Eighth, and two Sixteenths. by Sir Jane. IBILANSeuIta and Co. Proprietors of the Lucky Lotter, -Offices, No. 11, Holborn, 37, Coro lla!, 38, Haymarket, St. James's. and No. 269, in the Strand, where Ticket', and Shares are now sel ling, warranted undrawn„ for the next Grand Prise of 500 Tickets, for the *d Day of Drawing, which will he on Tuesday nest, the 20th instant. The Pulliam' sloop, of 16 guns, Captain Bal derston, which hadimiled with dispatches for Spain, from Plymouth, put back on Tuesday morsiug, rn consequence of the death of Captain Balderston, who, we are sorry to state. was shot by Mr. Smith, master's-mate of the said ship. The latter had previously been in confinement for misconduct, and forgiven; after which he had again insulted Capt. Balderston, who ordered him below. and to be disrated. The fatal order was obeyed ; ht went helow, and in a short time afterwards came up on the quarter-deck, where his Captain stood, giving orders, whtu the assassin discharged the cootesits of a pistol through his back, with which he fell, and expired in about tern hours. The body of Captain B. was brought on shore, at Plymouth, on Tues day, and minute guns were fired from the ship. LAW I.NT&LLIU&ACZ:. ,* ' • 1 --........ COUla Ok' ULU:Wt.:BY, Laweeta'olaw, Dec. is. DODDS V. I:PHTONE. This was an appeal to set aaide the decree of Isis . Honour, the Master of the Rolle, in this cause. • The. circumstances of the case were, that Mrs. Dodds, the Plaintiff, oil her marriaL:e to her hits. band, had a deed of eettletnent esevutiel, settling on her the residue of the iuterest of certaiu lease- •f hold property, after the death of her hushe oil. The Defendant war die trustee in the deed of settle.. meld. Dodds, the husband of the Plai..iiff, used her extremely ill, quad her fortune, slid ultimate i ll, in the year 180 1, t urne d h er out o f doors. et went to the Defendant, and retailed upon him to give up the deed of settlement, sad sold the lease lu.ld property ; and on his being efterwarde asked what he had done with the settlement? he answered, that he had bailed it, and mule soup of it. The Plaintilfafterwards sued him in Doctors . -Come ons. for his personal ill usage of her, and she was al lowed alimony; to avoid the payment of which he had a cominisaiou of bankruptcy - issued against him. In the year 1106 the Plaintiff filed her hill i i: against the D e f en d ant f or his breach of trust in giving up the deed of settlenieut, and his Houma. t ' the Master of the Rolls decreed, that the Master i' should calculate what eke the amount of the in terest that the Plaintiff had in the leasehold pro.. i, perty, and that the Defendant should pal the i • l' . amount, far his neglect in cot perforating the trust. Mr. Ilium. Counsel for the Defeeriant, sup. - I I ported the appeal, on the gretted, that his Honour I had given greater relief than she naked for. It only t preyed, " That the trustee might be ti..liged to Übe ! all due diligence in gaining the posseseiou for the I/efendant." It did not contemplate that the I trustee should make restitution. If the Plaintiff had contemplated it, ails might, by a small aineud. meut, have made the record competent to that re.. lief, winch would have given the Defendant an op. portunity of answering with more industry. The . . Defendant h a d answe red.. that he understood and believed the Plaintiff WWI privy to the deed Of NH., tlitillefit being given up. if sh e wart not , w h y did I lei: she call upon the Defeudant to pawns audited A ' 1 upon his trust, when elw was feasted out of dears tee 100 l ? Although he had given up the deed, ill' I would have put him we the start,. end if del did toot recover the deed, he might have secured so much of her husbeed's property. before he beeelue iiu.ol. vent, as to have secured her interest. There wee something suspicious, as although the property was sold au laUti, yet the bill was not filed until 1110 ti ; why let six years elapse? The Learned Conned - also contended, that the assignees ef the Plaintiff's husband ought to have born made parties to the Cause, as it was verily believed by t h e D e f en d mit , that there were assets of the baiukruper in their hands. H e conc l u d e d, by eihrerviug. front the I. s view he h a d taken of the case, he did not think 1 the record would justify such a decree as that gives by the Master of the Rolls; be therefore trusted that his Lordship would set it aside. • I Sir. Salm tr. RONILLY. Counsel for the Plaintiff, 4 contended that the decree of his llouour was strict. ly in conformity with the tecord. That the bill . .i prayed for general relief, and the decree gave that. Tin' DettlidAnt admitted. Ay lee esewer. thoi•tis .. had given up the doted of settlement, but that. ke 11 conceived et was with the prisity of the Plaintiff ; that question lamisheett mein to the Master to in. quire auto, and he.hodveported that it was not with her knowledge; (ben surely the Plaintiff had s right to suflis fur his own neglect ; lie had every opportunity of inquiring from the Plaintiff herself. It wits his duly to hare guaride her interest, and • . e to have watched that there was no undue indesime ' wade nee of towards her, if elm even lied consented to give up the d ee d o f seteemeut. The DetestoU ant was a Solicitor of that Court, end ineshe v be iguuraut of what was his duty. lie could M . : 1 ' I perceive how it could be made to appear, pat tbil , , assignees were necessary parties to this cause ; it they had assets of the bankrupt's in their nand, , , the Dctiodaut might recover them, but the Pullin& . I could not. His Honour the Master of the Rolle considered all these points with due attention, llt . 1 , fore he came to his decisio n . an d h e truste d t h e Cour: would see £m reason why his decree 'should be altered. 1 Mr. Haar replied. The LUILD CHANCELLOR observed, be was of opinion that his Honour had given a correct de. cree. it was admitted that the deed wa. lociged et the hands of the Defendant, the trustee, and he had Oen it up to Dodds ; this was such a pie,e of negli• ence. there could be no excuse for it. It was his duty to hare seen whet use he made of it ; but this be also neglected. He was not made a tru.tee to betray the property of the wife. but to protect it; iusteacl of which he Rive the hushand the effectual means of selling the premises. le was not for ham to say, that the Defendeut, as the trustee, might prover against the purchaser. Hs was fully of opinion there was enough on the ,-- cord to entitk the Plaintiff to a decree. Whe her the assignees ought or ought not to he parties, at was not, in point of term, in the power of the Defendant to brine that clovs6ois deep for. ward; hut, in his opinion, they ought not, lie therefore confirmed the decree of his Honour this Master of the Rolls. .........mise...—. ' COURT OF Kt \WS BENCH, Gettenaza., Dec. is. 1 --.. Day aid another a. sort andesorker. This was an action tiront by the Plaintiffs, u the indorser, against the Defendants, as the ac cepter., of a bill of exchange for 3501. dated in Slay. 1900, and Mown at 70 days date. This ba was dishouomed, and came back through **rend eliannels to the Plaintiffs, whose name+ &I not sp.. pear upon the bill. For two years there had not bees any action liftmen upon it, although the 0, Pendants were apparently espah!s of paying. it. Unrint this time Messrs Combe and Wain, two r.f the indorsers of the bill, had become bank rupta l , and no applications had been made under either of their vommi‘sions. The defence was, that the bill had bete given under an usurious agrerinevt, Mtn which the Dafeanants had beers urawn in • transaction with ars advertising money-lender, of the name of Park, one of the pertness of Hemp end Co. of Siou-Garden ; and that the re f ore vde 4. void. This case was prated by tie- evidence of Pork, sad of Nugent, another inoney.leudart, aolm