The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-17 00:00:00

• P1.:7771U GALLERY. rin. vii. Combined Ftrets of France and Spoi4 astuni.bing both Hrtet;spiterts by their valour. By Admirals Vt t EriroVe and GaAvtNA, R. A. Inrture on the sea is out of breath, .And I interea'Oy. I-I.vt our General Been what ire knew himself, it had .zone Swell : 0 he Ira. g is'a for our Aiwa, g ross! ! ‘, lry his men." AnTnnmar and Cute, AAAAA Act. M. Sr. IX Rosa? ANTE% flight from Egypt, and escape f, ct o Lord NEI son, appear to have suggested the d e , , gn of this pi/lure. Tue Commanders are drawn su pplicating the winds, a, the natural allies of a re volutionary government, to aid their escape. The cunntenances of the crews are finely expressive of f c sr, horror, and consternation. The artists, for t 4 is a peers to be a joint work, have crouded all tieir ras:es,, and the eolaors Asejtlying. The figures VAnt warmth And animation ; but they are strongly contrasted with a distant viinv of Lord NELSON'S g e t, which, in spirit, vigour, and brilliancy of ex ecution, ranks as a ihrf treamre in the art. Ntw 36.—PiPieet and hi, Brothers in the Covtle or the Maier Berrv,Master BROWN,Master OSCAR BYRNE, and several other Young Roseii, R. A. The Castle of the Ogre is very defeCtive in archi. travel design, as it resembles a modern theatre n: , re than an old Gothic struCture. The features 7 .3 cspres-ion of the Ogre remind us of Mr. I:tan r, in King John; and little Psuret is a most riing likeness of Master BeTTY. The latter is in 'he act of defeating the designs of the Ogro, and tarrying off all hii little brothers in triumph. Poucet is drawn in a very honoring attitude, but there is no tirmonn the colouring of the figures. The sr-envy is borrowed from that of Covent-Garden iheatre. No. 37.—Portraie of thr Emperor of Me French and King of /tilt. By NAPOLEON BONAPARTE. R.A. This artist is from Corsica; a country not very favourable to the cultivrion of the fine arts. roc. seising no originality, he plumes himself only as a copyist of the great masters of the old schools. CII•RLVIAO29I. MACHIA•ZLIJ. and JULIOCZOA P.O ROWAN°. are his favourite mode's. The present portrait is very defe,sive in design and colons inc'. The figure is diminutive, and totally desti tote of dignity and grandmr. It is a mete deui, full of meretricious glare and tawdry ern brllishmmt. The palnting has mere of Cie man na and expression of St.eho Pll'llo assuming elacroiaq of Government in B trataria, air the . 7eupie of Mr. Collins person eing the Thke !'.franca in lie Ha4ru AV.o, than an Emperor of France.. Poste tity will scarcely credit the enormous price which Europe has pei:l for this miserable piCture. No. 39. Po trait of Co:itta. By A. T—tt—r, It. A. •• wh A rile Parasite% aLtiaaietil toque " Shall tax Gabes'/ Rams wigs imistoy Fat. loanntswr. Cditia is drawn in the aft of tearing the fatal ie:ter ; or, in the lenguagi of the Teeth Repart, Je str7ying Touchers of her illicit comnsarce. The ft;ttie is maser/int, and the features are said to re lemble those of Nfr. Trotter. lam Paymaster of the Navy. Th' Artist has fallen into another glaring error. as he has placed the g alma gay LetAario in a corner, boastin .. ; the I. :Atria** tastes stdspetuyoy," which he enjoyed. A certain broker in the City is said to have 'at for 1. Mari,. There is uo s?finess or deicary in the eolnurinz of the h-als. They re semble bron:e, much more than the produCtion of the pencil. Among the irrivals st'liiihorripiti are The Margot. w Elr, Earl 9( Ds'Metal Right Ns r. 11,,1 of Mix lasrotigls, Lu ci Ovate Careii-leih, Darterrinust, Lnrd (I .g;.l •, sit M-irst.igoe, 1.(10 D ilea% Li i 1 , 4 - Inwien, Lor I Ari...more, the Siihoi, M ,tit, her Graiie tliwt Duchriai kiiiceteligh, Right 1100 the Ciu•ittes rd !Wow, Right lion Litl 11. r rimirl, Lab , G , 4C13 11.444, Sr Cr; Ste - - "dr Sir F.!, .1•14 Mows KLike t _Sir 8 , 14 Liar Ausils.tt, Si, J. Montpuners. Si; .loon Sir J fee Miire.lith. Sir E. C. LA,. C and three, Mi.ita Got den, Sr Soh., rstrong, lion 4.1.4.er Horne, H wt. \ frt. Wan, Rem. Mr M ,wen, Rev T Rev. Mr. liewle, Per. C. TOW 14 i / ;en Soh', iiikoff,Geetiiral Hodgson, HewAitl, Col Rare, C.il 04, Cr.l Rreltine, Col. Hot, ~ in 100 . Col. K M. Witco, Col Sisson, Oil and Mr Msc• Pesc'tv, Cd. Wainosan, Cnl Mr. %/cc• and Nti Hantibrn. C , t. Bury, 11. n Col Mow. , . 0.0 Col. Mxhel!, Lie it. Cul. Liar, Logo'. Cot Ml. arld M.st Raw - u. N 1. 04 Nsviiir, Maior Wirt. M Mtn Capt. Fe•tt Gaartis C.pt. Rnrt.nt, Cy.. UniVit :t, Ca l ltatil Thnicher,_Ca.it 1.1..0tr, K. N.; Mr. Grattan, M r'. ; Mn. and two Misiies His Royal Duke At SPAT of Saxe- Tei.clwn, now at Vienna, has advertised, in all the Continental Papers, that being persecuted with lite rary communications from ahrnad, he will send back to the writer every letter or conimunii atioti addressed to him in future without his previous consent. The Rev. J. Vete, 11. D. and Fell. o.v of Exeter CollPge, Osford, has been presented by that society to the valn4ble living of Wootton, Isiorthampton. shire. 11w Rev. J. Lea Hair: has protested against the pr , sentation, and entered a CAVeAt, al leging, that as Mr. Vva held A small living which h e had not legally resigned previous to the death of br 1111tRY, the lest incumbent, and AS the prism% who give the living to the College expressly men• limed that it slinuld he given to a fellow who had no preterm:nt whiteeer, he was fully entitled to the present-6(m. The tuatw will come bcture the Court 01 Chancery. t . • • LA rr INTELL.RigNCE. • COURT OF RING'S BENCH. (ittILDHALT.,Jetv 16. Saliva at ?Vizi Prim: before Lard Lt. aen enWOChli. ROBLltTsota V. SMITNIES anal HINCHeI This was an adion brought by the Umd e-eriter, upon a policy of insurance, to recover back the amount of the policy, against the assurers. The Defendant, Joseph Smithies, had pleaded in abatement, and the issue to be tried, was, whether the Defendants were in partnership with a third person, namely, W. Smithies, or not ? The &Ism troe-Ortv tea a, in opening the case on the part of the Plaintiff, said, that in any ob servations he should make, he did not mean to at tach any thing to the charader of the Defendant, Mr. Hinchcliff— hut, in speaking of the other De fendant, he should prefer leaving it to the Jury to give him that appellation which he so well deserved. fhe Defendants were considerable merchants, resid ing at Leeds, in Yorkshire ; and had been in the habit of freighting several ships, for various parts of the world ; and, among others, they sent a quantity of goods, on board the Neptamas; for Lu bec ; a part of which cargo had been damaged upon the voyage. When the Defendant, Smithies, came to claim a proportion on the policy, from the Plaintiff, the latter, knowing that the lot mer's son (William Smithies) had gone out supercargo on hoard the Neptimus—and some degree of suspicion attaching upon the damage said to be sustained, de sired him to make e .quiry—the result of which was, that he discovered another policy had been effected upon the same goods, to the same amount In con. sequence of this, a notice was posted up at Lloyd's, ' requesting a meet;np, of all such persons as shoul I be conce, red in this transAdion. Such meeting ac cordingly took place, and no less than ten Under writers attended, each staring at the other, and wondering what he had to do with the matter. short, it came out that the Defendant Smithies had effeded ten policies upon these identical goods, eat* to the full amount of the valve of the whole, which Was about 2,0001. ; so that upon this transadion he must have gained a sum of 1.4,0e01 u;•on Etat pact of the goods wnich had been so damaged Asti thus this villain (as he thought, front what he had stated, he might call the Defendant) had en deavoured to pick the pockets of i:lnncent persons. Coinmissions of Bankruptcy had since F. _a 'sated against all three, and he understood the Plaintiff Was now to be turned ronn..l by the Defendant, who asserted that William Smi•hies WAS a partner in the transadion, and should have been made a party in the affirm; but his answer to this was, that although they might have been partners in soma tranwetions, yet this was a separate and distind mat ter. William Smithies was gone to Italy. and, had he been even made a party, the Plaintiff could,not derive any advantage therefrom. Mr. Pane appeared as Counsel for the Defend. Ant Hiehchtlf. The debt being admitted g Mr. JLItYI., for the Defeniant, Smithies, oh served. that his learned friend, in his outset, bait declined giving his unfortunate client any name hut, in th..: warmth of his statement, and is the true spirit of a naturalist, in adverting to a matter vihnlly irrelevant to the question befete the Jury, had. et last given this nondescript the appellation of a villein and a pick-socket. Tne fad, as he sncrell prove from it, however, was, that Mr. Smithies was a partner of the Defendants, and he would shew, upon the l'iaintiS's own affidavit, that he knew they were partners. With resped to this being a distina • tranaanion, ie. referrin ' to the dates and sums, it would b • found that this was the very sum with in terest, for which the present idion was brought, and which the Plaiatiff had claimed uader the Cum. mission of Bankruptcy . Mr. Thomas fl .11, one of the Underwriters in support of the Plainoir's Case, stated, that he went, accom*anied by Mr. Dann, the Pk solicitor, sad another gentleman, to the lock-ap house, where the Defendant, Joseph Smith es. was co ti. for the purpose of aseertaining wh -ther William Smithies was a partner or not ; when the Defendant declared he was not a partner. Mr. Dann also stared, that he 114 d two interviews with the Defendant Smithies ; but could not colieet from the cenversation whether Wuhan Smithies Was or was not .1 pie trier. 'Ms affidavits of the Plaintiff, made in the Com missions of Bankruptcy betore a Master in Chan cery, acre produ e.l, from which it appeared. that he had sworn the vomits three were partners in the concern. Lord ELLEollloeUitntlt observe) to the Jury, that the issue to be trie.t was, whether William Smithies Was or was not a pat trier. Being a plea in Abate ment, it lay upon the Defendant to prove the fad of the partnership. On the ose hand, there was the positive assertion of the Defmdant himself, :ins!, on the other. the affidavit the ty was m tee upon belief nely. Leaving both these out of the qnes tion, there was no evidence whatever on the pale of the Defendant to support his plea in abatement. The Jury therefore towed a verdict for the Plain tii f. the amount of damages so be 4,cortained by re ference. LINDLIV and OTHEitii D. wOOO, esq. This was an attion brought by the Owners and Proprietors of the Privateer called the Aglaia:, agaiot the Captain and Conroander of tats Oily's sloop of wia the .frorra, for recovery of a portion of prise money diftd yto which this sh+p was entitled. 'role Soaaciroa-'.; cal •t. for the Plaintiff stated that this Aaiun was btought not for the purpose of casting :my particular blame upon the galls it officer wbu cointnanckd the elmite, but with a view to dm ' countenance such pradires in future, and to insure a mere arid obedience to the laws of this country. Br admitted the wility of the impress service, but the necessity of bringing this artion Its an example to °trims. The Plaiiitifs were the Proprietors of several privateers, and the Defendant was the Corn. nundet of His Isllesty's ship of war , the aleasra• In the month ' ay. 1803. the Regrdnr. having His Majesty's letters of marque ou bum d, tailed on a cruise, and joined another privateer, called the Ajax. In the course of dm" voyagethey tell in with and captured a French vessel. called the livn Ate:lard, and soon after they came up with the crcasta, when thr Defendant sent his First Lieutenant oa hoard the Regaist, and impressed its of his men. The Com. in/144g of the Acemial produce:4 Lis ptutediou • . .; from the t rad cf Admiralty, notwithctandtng which, the Defendatii p"tsi.ted iw detrining four of the men, hitt sent back the other two. In conic- . gitence of th is sinpressinnst, the owners of those privateets lost a portion of their prize-money, Amounting to 1581. and a Isounty of 141. 9s. 4d. whi:h they would otherwise have been entitled to, under the Ait of P,ol,Arneos. 'these fofts being proved; Mr. G A stow, on the part of the Defendant, ob served, that, according to the supt:lotions of the Aa of PArli trnent. the owners were bound to have • - seventy hen]: at Vie least oil board ; wherees, it ap peered in eviiience, that at that time there were not above sixty-two bends on ',nerd : he, therefore, contended, that inasmuch as the protvaiun from the Board of Admiralty must be true in every particu lar, it was void in this ; the number of hands ou board not completing the necessary quantity. Upon investigetion, howe•-u., it appeared, that the Aft of Parliament, on which the Learned Counsel re lied, was only to be in force during the continuance of the last war, and had ceased since that period ; from which time His Majesty's authority to grant letters of marque hid been fully recognisod without these restri3in-ns. The Defendant called no witnesses. Lord ELLEN sottoucis, in summing up the evi dence to the Jury, ohserved, that the impress had been made in violation of the law, and consequently the Plaintiffs were entitled to full compensation, for the loss which they hut sustained. There was not any thing, however, in the evidence to affe& the cliaratter of the gallant Officer ; hut he agreel with the Learned Counsel for the Plaintiff, that it was essentially necessary, the tenor of these protc&iors from the Admiralty should be general i understood. The Jury. after a s!inrt co.isuli . ation, brought in a veldi& of 1741. 9*. 41. for the Plaintiff. LAUD V. TUVE:NAV aid LLOYD. This was an w!tiots of trover and conv,rsion. Mr. EISKINC, for the Plaintiff, stated, that this *affirm was brought more for the purpose of beating dawn the practice of surreptitious claims for sal vage, thin any compensation its damages w:tich the party might recover. He admitted the utility of granting a compensation, by way of salvage, to persons who risque their lives to preserve ship wrecked property ; but he strongly condemned the praerice of too mach alacrity on the part of ma riners, in claiming salvage for that which was n'tt inst. tie then stated, that the Plaintiff was the Master of the Bellow; armed ship, under the Board of N ii-niraltY, sad the Defendants were drud7,em-n, at Sheern_.“. rii, ship ;!1 question was lying at anchor in the Note of Sheerness, v..!.c0 :: came 1 to blow so hard, she was obliges to slip bar cable ant run into Sheerness ; the roli ,win' day the Plaintiff hired a boat and men, at a considerable et - pence, to weigh the anchor, to which a buoy had been previonsly fixed, in :a der to mat: where it lay ; bo: whet, they went to the spot, they found the an chor and ca'sle were gone ; the .Defendants having in the interim come up in their fish;ng smacks and carried them away to Chatham. Upon api lic.tion to the Deferatou. they ' *eft. ied to give up the anch.sr and cable until they should receive a certain allowance for salver. In the ?Ivan tima they had also cat up the cable in two lengths ; and, for the recovery or the 'Anchor, and the damage snstairsed in the cable. this Etion was bmnebt. These falls were stated in evidence, but it further appering. that the storm Was very considerable ; and that the R-Yeas had been a whole day and night out of sight of her anchor, and also that the Cap tain had, upon application, admitted the claim of salvage ; Lord Et.Lesgozoecti thought it would be stretching the polio too far to say these persons were not 'nth' id to salvage; it might diminish too muids that al tcrity among this class of people which was so very necessary for the safety of vessels.... If the ship in question had been is sight. of her anchor the whole time, he would have consi dered it in impudent claim, and wsull by no means encourage such ; but the was quie out of sight of it, and a whole night might have Intervened; the Defendants therefore were cermiply entitled to some comdensatton for their trouble. U t son the whole, his Lordship advised that a Juror 3::ott:d be withdrawn, and that the Defendants should give back the anchor and cable. This was accordingly done, and the Jury was dis charged from giving any verdisl. OLD BAILEY SESSIONS. - - TUESDAY, JULY P.;. Wiiiieia Collet, Joteph Prad, and C 6, i.t ,p6er I,,a,in der, were indiQed, the two former for stealing, and the latter receiving two saddles, three bridles, a hat, and other articles, the property of Peter White It appeared that on the slst of May last, the stable of Mr. Wince, at Wildon, was broke ularit, anal the property stated in the indiarnent taken out of it. Ott the evening of the same day, Collet was ' seen with th- hat on him which e:a, stolen, in com pany with Fruel. When Mr W.lite's servants at tempted to apprehend them, Frnel made off, and Collett drew a knife out of his pocket, and mid, se veral stihs at the p• rson who laid held of him. Being at length secured, and lodged in gaol, he had taken the property and sold it to Launder, Vio being asked whim her he had purchased the goods denied it, bin on a search being made, the hri...!its, were found in his room. The person to whom he sold the tallies, appeared and gave evidence to the faJ. The ft ecoitoce real ever the evrden:e, and the Jury found Coltet and Launder Geary and iloptilla Fruel. . . Witholoi While VMS indi.Red for stealing 100 wt. of lead, which had been affixed to a dwelling house, the propescy of Francis Page. It appeared that :he Prosecutor. having missed the I .isui off his summer house on the 9th of June I4st, at six o'clock in the evening, and seeing the track of a man's foot newly made, ordered hi. ser vant to trace it : this was accordingly done, and the Prisoner was discovered with his wife sitting in a neighbouring wood with the stolen lead in a sack just by him. The Prisoner denied that the sack belonged to him ; but the circumstances being so strong against him, the Jury found him Civilly. Several other prisoners were tried. but all for sliglit orcacts. None of tbsm of an/ ;nitwit. Ps. DUBLIN, 7vvr IL n Friday night i a ~,isaaer at villains attack. ed the house of DavicrGormae, who holds a farm under Lord Lismore. on the lands of Mullinorainky, within four irifes of Cionmel. and or which he had lately got possessien, nnd deepan fed a servant in ai Gorman's employment. On his being denied them. they proceeded to burn a house o: Lord Lismore's which ston.l on the ground, and which they ooni. sumed to ashi-r. Lord Lismore has offered a large reward for the discovery of the persons concerned in this outrage. On the same night, a like vrty of rcffisns went to a house on the lands of Shanlially three miler of Clonmel), held by Mr. Wilson, of Whites town, and Mr. Gamble, of Kilmeaden. Co. Wieef. ford, in whose possession it has been only since May last, which. together with ar. excellent set of ont offices, they immediately set fire to and entirely cot:- sum:4. A steward in the employment of the :shove gentleman, who inhabited the dwelling house. bad barely time to escane Iron the flames, which It? for tunately did unlin:t. A very valuable bull was kept • in one of the out offices. and, as it was infposylble tdd get him out, he was literally roasted alive. —....„—...._—_—_— . Twenty thousand men, cavalry and infantry, wll, we are informed. be encamped immediately on the Cutragh of Kildare. II 'I he fal Royal Lancashire Militia are neonetted mg, l Sunderland barracks in three divisions, smite 23 4 24th, and 25th inst. from Colchester. On Tuesday aud Wednesday last , the East S uf . f I'll Militia, cr.rum indal by Colonel Ln•r.l B moon a. s marched from ;lull in two divisions, on their route I to Berwick upon Tweed. A Tr, Ist \Varwick regiment of Militia. Col. Lord SO BROOK e, is upon its march to Hull, and expe.bd to ilik arrive un Saturday the 20th inst. It is corpses' ir that the above corps and the Second Warwick; now quartered there, will be incorporated into one regi ment. The Royal 2d flurry Militia, commanded by Co lonel Lord Cu assay, arnive 1 at 11.111 in two divi sions on Sscurday and Isionday last. by way of Linrolnshire T.: Royal Westmoreland Militia, Coloael Low onto, marched from Hull, on Monday, far i3er w•ckaupon-I'wcpsi. . At the last examinati us , for Fellow-hips i s Tri- . pity College, Dublin, the sun of 461. was Ali:Ag ed to Mr. Pat Lir Ca a 4erissi, an unsueeetnefni can• &ay.:, as ,a reseal for toe great merit Waffis be d,s- • played upon C - .e oecas 7 rso. The new arm of Pir.reis house, in this College of Physicians, in the city, is Sr ., i n•isoz%. Feor. r. and Paestatt.. Mr. Passau. ie pt.:: •. - .'e. 1-i.s share is one one , ighth On the 19:11 of Ju•se. a young !rr'nd of w .ad s • cocks were found on the mt. , ' of B Allier. in tne • 'county of Aberdeen, completely hatclawl, it•sd ready to take the wing. Thetford Wbol Fair was held on Saturday. Tip s wool was sold from 70s to 71s. the tad of stml., Mr. COKL was in the Chair ; and the Miatint was attended by rue Earl of Patsvoe a Sirs Pitta PA 4 ceit, V; !.4. flcr.vt.ov, Roc Haatsap. Janos 01 Acri. is ; Messrs. ELI-MIA/if, HO% A IRO, C..w, and W‘KtriFLO. 4 yeite,,i,y, the clergyman and the gentlPreen . of the law, who have keen caarged wi:b dtframerng several pen .ons of several sums of money, under false prirencvs of providsng pi ices under Govern ment, getting children into seminaries, &c. under. went their final examination at the Thames Polnce Office, when the Prdbacutors cons d not suostaritiace s a te:ony ; hit they were detained witil they could .. procure bad for 11141. lacing treble the stun thy '4• lia.hdtt muted fort rrsons of. On Saturday morning as one of the Cornish • Min •rs, employed on the works at Fort Pitt, 04 a i C..atiman kiiil, was passing with a barrow aloes a plank placed acrose one or tae trenches, I,is toot slipped, and he fell to the bottom: a distance of 1 i fifty en feet. No bones were broken, bit. he hap received so severe a shock, that it is not es 1 he can recover. Liss friday evening, Mr. Joins Diego's, of stern \lll, near DritSeld, in his way home from He. verley Fair, was throwo from his ho-se, and killed upon the spot. This shocking acci.ient haoriened about eight o'clock, and between three and tot., miles from Driffield. It was occas;nnid by taro men riding past Mr. 1/ and another ge..t;eman in full speed ; in consequence of which, s .me ..ccounts say, that Mr. D. 's horse threw him ; while others. report. that one of the gentlemen rode against deco. and knocked him down. 4 r hhe unremitting perseverance of the Rov at. CI acus has produced, during the present seasoq, 4 variety of novel and admirable produeli ms, hilbly gratifying to the public, amongst which the y•e,eot are an excellent and happily varied, as to yield the greatest delight. inc Pont* if Jvre; or, Maras sa... has its very interesting cliaraaers so Wended wi.h a cone& acd brilliant repro.entation of the late gallant atchievement of the La Lave, that all claws. amidst a crowded audience, hail it with the lou lest i ' plaudits. Innen, that beautital and impres ive • spenllacle, stands eq.121 with it in the universal ap. plause it nig!.tly receives ' Ti •hew thetatiar. lequinade of .4 ]/.eel T. 7 e is an a : salon of touch entertainment; and the ilor , emansl..p. particularly that executed with such soratrior agstity and skill by an. _Mats-`, forms an adaniraW.- relief to tP.e whole. The following inquests have lare;y bees held by D. WILLItY, Esq. one of the e..orenners for the county of Olonce.ter :At Eblington, on view Vbf 4 the body of legnal. P . who was 'aided by a stroke with a scaly. by his cousin, ..*.'t se .am PA n. wet I. It apo•ared in eeindeoce. that the ',our, a !ad abort 12 0 r 13 years of age,wh.lst the w iiktnen wire restiog themselves, took up one of the slthes. ..14 was attempting to mow, woes; No foot slipped, and the .'area !fill w ap,sii. entniag round wi.n v... lencr. mortally wouuded his cousins, by caps ng toe reins mid sinews or his left ham to , shockingly; that, before medical a iii+asic coati be procured, or he sould be removed fr to 'hr spat. lie died from 1 the loss of of nod.---At i,..:tind's s,i/ le kliam, on view of tne body of J. 3144 tog. glazier, w,..,. whelbt measuring the lea 1-stork at t..e church, yoasured aolong the joists in pursuit 'f ~.)04 tun ; vanen he •eln to the ground, a ;m i te; 0 pearly thit., feet. by wuncb his neck was-1,,1.,..-alea, Anil his b-ad t•- tatty wounti.:l—Verdi4 in each frig Artia.,a...l Lhatis. gigigi