The British Press; or, Morning Literary Advertiser. — London, England, 1809-12-21 00:00:00

, • • . . .41 . • • ✓ IN TAp i ly r kiti T OrefI'ANCEIRY, bac. fin. D. FRAM La PLoWnEN. ESQ. r i lanuTT moved, that the injunction 4114 d be dissolved. it -was granted' . 11t4 the Deferefeertseld the Plain -414 of a baink, c.filied The Me al Yeeleete4 awl that he sister d eta. coutenja,,,,in a antmequent died 7%1 klifelfry of Ireland 'rile el contentlede:that the latter 'ark distinct from the former; alt bough it the seine subject, it was not piracy. ltostim.v. Counsel for the Plain. that the Defendant's thetory of ted the same subject matter as he had sold the Plaintiff. For ether, there was not a particle of h was sufficient to prove the piracy, injunction. HA mcaLLoa being obliged &. attend Levee, postponed hearing Sir As reply, until to-morrow. His Ho. ea of the !tow, presided the re day, but nothing of public interest • BENcti, GUILDHALL, Dec. so. —.— i Prins, brforr Lord ELLENtto- CH. end e Special Jury. ELLIOTT V. action, to reCover, from the D-.- mount of a policy of 111.11r4tice, to have mad:: on the ehip i:e-Garr ER - A, I. stated, that the De rived instructions to ellect an in ship Mary, bound to Spain. She nrt of Ferrol, anti was seized let the . The breeher of the Defendant ructions, be reeidnig in York, to in the amount of 2.6u01. the Defend- Leith, undertook to ellect a policy per Ceut. ; aed the remainder w as sod since paid, on the account of the - The Plaintiff applied to the De the mere broker fur the policy; this 4, but sent a pretended copy of it. taus would not entitle the Plaintiff the Defendant's bring pressed for ry, he - refused, until the premium was iiiiiiiPdiately acceded to; but inter Ml* policy for 10001. the it* tliver one 5001. and one tor ht 4 Mr ooi ;lit ihat of 5001. the to ens set forth•as the insurer, rinite copy originally delivered. It also 'wed of theiriesuring for general notions were givenrthey only spe :,' rehick id notnerlilige the insurers le far the loielliider the present On, a asinuter'itispection of the And, that the 'rota* on two of them enbAlquent•to•thetime the policies Se ht a of theot, to be earcutedi 1802, 'send the stamps were dated to Starhp-office in August io the der there circumstances. Mr. AT al. cardinals:J. that the Plaintiff vordict t it was necessary that such be suppressed, otherwise the fair t caiet. , the brother of the Defendant, de rent the order to bir brother to ef t fur 10001. on the ship Mary, for a all lie, the witness, re from Mr. Coutean, eaansisration lay Mr. PARR, he said tiliker die policy; by the return of 1)40 out, which he immediately Mr. (3auteatt; aCcompanted by a that Me policy did not warrant to as the ofheirrlid. n said, that he •tuitfer•tuod the fact Defendant's cm:feting-house hid edi'every paper token out of it, he- Di!liideat.tit - get new policies ; iroperty, not defraud the at oleo gOtTreali stainps. roauun observed; he tea of opi- Inmeit'us - Itl tW kt any other policy, ich irtslirdr4d to he of 10001. deposed:li* gave orders to the last the different insurances. and tha . rd that the polies for the 10001, in a single policy, was after he lie" rprise at the .atarep on two of the a later date than the execution of themselres. BOROUGH —l' Mr. Park, can yon any of thretepersons whom you al-, gned the first policy ? *lf such a surely they ough t to be here; even oof, that this libery took place, been instricia'to assert. The d, appears tab improbehte ; and the single volley for 10001. was fit was, there would not have been for the stamps to the other policies, *nets of the Stimp-Office, on au affidavit, that the original policy torrid have renetred it. • My Lord, Tarn without witnesses then directed the Jury to And a Plaintiff, which they accordingly idinterest. USHER S. ROBLE. ted, this was an action on a Policy 'he ship Miranda, by the refusal of Jock Company to admit her into roper time, was thriven out into the rived a serious injury ; by chili was damaged. The Plaintiff, who of the ship, brought an action dndra Dick Company. which was miter, before his Lordship, and a the Plaintiff, allowing tke market r. which was much less than the /red at, or insured by the Defend. was effected on the invoice, and n was brouoht to recover the dif the rearke t t e ßtice and the invoice. ire it wan pot n question for the hiefly to (Weller's, a point of law. 'ere. that hie Lordship might order out, so RS it might be argued at '4Ol/44t had paid seep- per cent. r• into Court, butthe Plaintiff ' went for twenty4hrer per cent. - Mr. ATIVINIIV-GgS URAL. Counsel for the De fendant. said, that be was instructed, by hi* client, the uoderwriter, to agree to any mode directed by his Lorikhip. Lord EL L 041101issUGH directed that it should be sent Up as a case. COLE V. }WIWI VV. Mr. A rein N 11Y-GEN ERA 1. stated, this was as action brought by. the creditors of a Mr. Doi le, to recover from Defendant the value of the ship Cerberus ; Defendant had been • creditor of Doyle, but, find ing he had become insolvent, he got him to make • bill of sole of the ship in question to him, the De fendant, to die great detriment of ,the Plaintiff ; but, fortunately, the bill of sale had proved not to be a legal one, as, in the first instance, there was a mistake in it, and they re-executed it in Sep tember, the first execution having takco place in Jimmie, 1807, on one and the sume stamp, which must prove fatal to it. This este was fully made out in evidence. Lord EL LZPII3OIIOI.IGIi being of opinion, that it woo illegal for a stamp to be made use of for two purposes, directed the Jury to find it verdict forth.. Plaintiff, which they accordingly did. The ship having hero lost since the execution of the bill of bids, it was left to two of the Jurymen to inquire Ina determine what was lie.- ralue at the time of her being Inst. COUKT OF COMMON PLEAS,GULDHALL. Sittings bckre Sir JiME3 MANSFIELD. Knight, gild n Special Jury. RUGG and 01146110 V. MINIT and OTHEKS. TUE LiTE FIRE' AT DOVER. The Plaiiititla — are;ti;lesiel; (frogmen.% in Fleet. street, and the Defendants keep a banking-house at Dover, and are agents to the Commissioners fur the care and disposal of l?onida property. The Danish high )omug Henry was cosioriatied as a legal prize, and the cargo sold at Dover, the produce of which was appropriated to the draits of the Admi ralty. Our readers-will recollect, that, at the Sit tings after !Michaelmas Teruo, 1805, before Lord Elleeborough mud a Special Jury, an action was brought, is grocer, by the Plaintiffs against the Defeudants (es Ageuts of the Danish Commis sioners) for the recovery of 14131. being the: amount of turpentine bought at the Defendants' sale, and which, before it was delivered to the Pleintids, was buret in the Defendants' ware house at Dover. The Jury, in that action, found a verdict tor the Plaintiff., subject to the opinion of the Court, on the point, whether the whole of the casks of turpentine, or any part of them, after the sale, were or were not to he considered a- in the pomessiein of the Plaiutiffs. On jhe abore special case, after hearing what was urged by the Counsel on both sides. the Court di- ided, that all the casks of torpeonue which were /staged, were to be considered as in the Plaintiffs' possession, and at their risk ; and that those which were not fil led op anti bunged, were in the possession of the Defesidaiits, and at their risk ; out of shout lilty four casks, only nine could be proved to be ste-, lounged, and for these the Court ordered a verdict: to be • entered. according to their average tame, which was liBl. It apt eared, on the trial, that an uncommon degree of carelessness was the occasion of the the; hut no advantage could he taken of that eircninatailee by the. Plaintiffs. modest action was, brought to grocer. The Pi If., Wen-fore, wire' well edvieed in lirioging the present action, which . was on the ground of negligence.; reel, indeed, it appeared that the tire was occasioned he the most. gross negligence and incaution, the Defendants having permitted their serviuts to go into the wire houses, where turpentioe and gunpowder were dime , sited, with unprotected candles, notwithstanding the doors were summing ono the bilged spirits of tur pentine. Morph. it,' lie witness, w lio was in the ware house when the tire commenced, was, though a stout fellow, so much frightened with the sight and idea of the gunpowder exploding, that for fuer days hr lay senseless and .stupefied ; and, on his coming to him self, declared, that having lately read some Metho dist sermons, he could not persuade himself, when he saw the dames !oust forth. but that be was ac tually in hell. The fire' was dreadful ; but, very fortunately, a Seats regiment, living itnertered at Dover, lent their assistance; and there brave fel low, eistcied the warehouse, ohile one part of it was burisiaq, and got out the barrels of gunpowder, sod rolled them over the eliflis ioto the P.. 11 ; other wise the whole loan of Dover would have been de etroyed. It eras clearly inured, on the trial, that the tur pentine was worth double the price it was bought fur, (on account of au uncommon rise in that coin anelity,) at the time the tire took place ; but of the loss of profit the Plaintiff. had thus sustained, the Court took no cognizance. After hearing Serjerint Best, Mr. Puller, and Mr. Lawe., for the Plaintiff., and Serjeatil Shep herd surd Mr. Ostrow, fir the Defendants, and the trommiug up of the learned Judge, the Jury found a verdict for the Plandiffs— e demeget 11671.; which, added to the sum of 2400. recovered in the former action in grocer, made 14151. the full amount of the money paid by the Plaintiff* to the Defend ants, for the turpentine wlich.was destroyed. Private advice" from Spain state, that ROMAN• has set out with a reinforceegent of 12,000 men to take the command of the arty of La Mancha, and that the Spanish Government has ordered every male, frau) 16 to ISO, to take up arms distrly in defence of the touutry. The !suers by the Carlow Meil hare supplied as with w kw imettculan of the defeat of the printapai Spani.h army, at ()cane. This disaster was chief ly, if not solely, owing to the gross ruiscooduce of the Spanish cavalry ; the greeter part of which was posted on the right side of the linr. The enemy. heron been ',pulsed in an attack on the left and mitre, endeavoured to torn the right of the Spain reds. The cavalry, whole ditty it was to counter act this movement. SO far from makeup a vigorous effort to prevent it, refused the charge of the French horse, and fled in disorder. All the dreadful coneerpiences that might have been expect ed, followed arming. A general panic was diffused; end every men sought to provide for hio personal safety in the best manner he could. It was, its fact, a total rout and diversum. AO. PC . A robbery, to the ilia puilt of about 1,0001. lately been committed, at IVestliary, in Wiltif the warehouse there, belonging to Silrioira. Cr uod White, having been brulteu open, and rot of superfine cloth, to the iIhOIM amount. Upon discovery of the robbery, Niesera. Crosby end W . exerted themselves fur the detection of the bery, and the recovery of Caeir property, adopted the proper moth*, ;by making diligent ... quiries after the *trailer* who had been seen in or near the town ;• they learnt, front the turnpike gate keeper. itear the tow°. that a singularly-built cart, empty, entered the town, 'accompanied by two turn on borsch ack, on the night of the robbery; and that, early the morning following, the game cart s loaded heavily, anti attended by the same atm, on horseback, left the town. Messrs. Crosby and White proceeded on the road, coil traced the cart, from its particular form, and the 'ilea on horseback, with it, to Wells, where the men breakfasted; end after that they traced it to within two miles of Cross, in Somereetelare, bat front thence they could not gaM any information of ii. They then sent to Exeter. supposing they were gone there, describing the cart and men tot Searle, an old and experienced constable ; he ex. erted himself, and discovered the men, in Exeter; and, with assistance, took them into custody; Book proceeded to search them, suet found, in a pair of saddle-bags, belonging to them, a number of pick lock keys, a dark lantern, a bottle of, phosphorus and matches, with other implements of howiebreak ing. They entered Exeter, either by a stage, or re turned chaise, therefore, the principal object in their apprehension was not accomplished, as they hail not got the cart with them ; coneettuently, the property was not recovered; but Searle, the con stable, sent off tin express, informing Messrs. Crosby and White, that he had no doubt but lie had gut the robbers in custody. They heel, its the mean time, applied to Mr. Reap, of Bow•strett, fur an active officer to be sent down, to endeavour ' to apprehend the robbers; and recover the property. Mr. Kean seat Rtvett, the officer. He proceeded to Exeter, turd weut to Searle, the constable, and learnt, that toe of the three men who were appre hended, had made his escape nut of a two-pair of stairs window, with only his shirt on, by means of tying two eheete tng*ther. Rtvett was joined theta, by Mr. White, and tbey proceeded to inake.isseent ries, to enable them to trace the property ; they learnt, that a number .of Bridgewater Bank-notes had been found upon the Prisoners, which-, led them to suspect they had been there ; they accord ingly set off for that place. As they passed through Taunton, they found the horse and cart, which had been left by. one of the men in custody of • person of the statue of Iltuicock, alias Jah a niusav cfew days previous. They went on to Aridgettoster, *her. upon implication at the flank, they learnt, that th notes found upon the men in custody, had been issued to a man of the name of Lloyd, reekling at a town called Cron, following the trade of a hawker and pedlar. Rtvett obtained a search-etarrant,from a Magistrate, to search 141.hr:wise. 'rho etlicarpro created there soil (omid him ilfbeti. bn searchilig she house, he found Riveter-pieces of superfine cloth, which Mr. %Vhite i lJntuAed teals, part of his prep sty stolen. In his stable was fudgd l'hOcAr, Which was proved to belong to one ,qf teen in Custody. Lloyd woe Glen into custody end cow: veyed to Weothiirr, the two other tree avers: Igpught there also, and all three Onderwentitn ewaniiiiati.m before Mr. Fillers and, noodle; hibrgiatgate, stet Were fully commuted. Wirral. An Attorney and attesdeal fire Listed, , SW./NPL/Sck • • - • Ott Monday evening. a youitg'iliffY, 'elegantly dressed, went to the residence of Mrs. H. •in Ken nington, where, after inliaring of a server:it - if 'her mistress was at iron*, mod being informed thgt wag then absent, told her that. she had. that gay arrived ,n town, and wished ntueb bee■ lieu, but, iii comwspieme of her disappoimatieut, desired she: might be allowed to leave a few lines for bar, at the same time handing 'begirt a letter, which she stud we. of great importtittre to Mrs. H. She war readily sheen into the parlour. Vo litre, after being furilished with peu,.icak, and paper, she feigned to be much fati:ned with her journey, and requested ' the servant to culls COaell to carry her to her in tended place of resMeoet, which she to its d tn be at a relatio:,•• o Oriforti-streeL Thu request the girl weakly esuisplied with. when the fatigued visitor, is the mean time, walked off, carrying with herd n trtn, bar of silver spoons, of different site*, and other purtalile articles from the cupboard. Within these few days a man has appeared in London, anti defrauded gentlemen and trades people of actions considerable MllllB of motley, by representing himself 111 divers characters. He ill-. 'ntuited himself inyo the countenance of. a gentle. man', family w .Baker -street. and defrauded the gentleman of cash, IM tie payment of two maim hie horses. wider partestee that he was a Major Smith, who had lately remitted koin tiro West lushes, and that he was the hearer of confidential opairaaniestietis from am tdficer there, to the lady the holm. his sister, fits artifice. was so well managed, that the Major was cal associate in the family for several Jays, and during his stay he appeared us IViannole•eliset, as Sir S. Helmer, and he purchased a chariot mid a pair of horny, the letter of ethic!' he got passe sine of, and sold them Liverytirm for do guieees the same day. Se veral tradesmen in the nviglibosirliond of Mau. el/ester-square have suffered materially be the swindler's cutitriessoes, amongst whom is Mr. B. Swam, a fancy winker, la Purtland.street, who furnished the Gerieleitian with goods to the ammo' of' mil, which were seat to the house in Baker ' street. He has lately been at work in the con siderable townie iti the North of Etiglend, it has libeen'ififeertained, • dhere 'he assumed the cholacter of a Mer,liant., lint he Mid* .0 precipitate retreat; from Liverpool. He is shout tire feet ten, sh i est. made, and wears large ~Buskers. PRICK 11l hiTutAb, YESTERDAY. s per Cent. Ketheced 6 9111 4 revitglit• LosiAseeistes - leitis CHAS lississaves Raelisb Ussery Twi5t5........... - Cassels les.. ............... T. DISH, Stork lit, ler, 4,Comistil, sad% Chansg-cross. ...„ passage e.. wind.—Sailed His Majesty's ship Urestes. DEC. Ili, The Orestes, 18 guns, was obliged to put b.clt again last evening, in consequence of the veryliossy gale ; but, we are happy is stating, the no uniterial damage has been done her. sees, DEC. IX Caine down from the River, His MajesWe ship Agincourt, and resuains.—Sailed the Ataieutte. Swiney, to Gravesend, to repair damages which she sustained in the late gales—Wind W.N.W.,k awes noires Dec. le. This morning, about three tie:lo,k, a host arm perceived going out of the Harbour, witii only Ow man its it, who, on being hailed, proved to he la Frenchman, said to he • Naval Lieutonect, whet has been in England upwards of six years, 'Me boat in which be was attemptiug to escape he isesft stolen. tie la s ed cleared the Harbour, and wood most probe fily have succeeded its making * escape, the wind being at the time so favoutableiese• This is the third host which has hero stolen latellio supposed for the sense purpose. EAMIGATE, DEC. I. There are now upwards of en° sail of vessels is this harbour; four or five are on shore between this and DM, several of them datnaged.—One ship is on the sand, Opposite the Bathing Rooms, lads* with King's stores, outward boinid; but it is es peeled she will be got oft' the next tide, as she is nevelt lighter, part of her CAN° hoeing been bitten 'out. One vessel is also on shore ims the White Dyke Sands, between Broadstairs tad Ramsgate. YARMOUTH, DEC. 111. Among the many melancholy objects of slop wreck that presented themselves at day-break net Fridify morning, on the beach at this place, was the brig !Varney, of Sunderland. lying on her side, and overwhelmed by the sea making high and con stant breaches over her, with the crew lashed in the ilggisig. - We hail, however, roes the gratttication of seeing them relieved from their perilous situation by the happy tureotion of Capt. Masiby, barrack master, who, by tiring a rope, attached to a dotted shot Reruns the vessel, which securely hooked itself, by this means a boat was hauled oft; and brought the crew, consisting of six perishing people, la safety to the shore. The poor men were so bee numbed by wet and cold, as to appear almost life less. The hooked-shot is a most admirable contri vance, as it is calenleted, unit only to give certain assistance to a vessel *shell stranded near the shore. hut for battling off a boat from the shore against the surf, for the relief of ships in distressfte from the tatid. Lowestoret, sac. 111.'•' Our emelt presents a most d ibtr.-ltig sceoe...—. Tim beach is strewed with wreck, arid between ibis place anti Yarmouth many ve.. c t, are oh s h wa . The gale oil Thursday eveeing was tremeniieus. The extent of the 414151.111ge it occasioned cannot at present be calculated. out iressiel„ the Ceithreirms rif Slimiest:mil, coal laden, waistline nearly opors site Crovestuffis Froth the position of the ship sod the violence of the se's, it wus impossible for suttee time to ascertain whether any prisons were on this wreck. At length one WWI was discovered. and the West/oat wits as soon as possible launched. which shelved her 'peculiar excellence in the 011111-. ' nee in which she rose on the ma r and stemmed the torrent. iVhen the life-boat reached the wreck. the only ,o, % iy oe or the' cr e w was 1111110%t ',trial/etl with cold. and great was the difficulty which still retsidined to get him into the boat. To drag host by a rope through the water was thought too hazardous its bus 'Awaited state ; another mode was therefore adopt ed, but which, iii securieg the person. exposed lens to be crushed hewer!' a peer of the wreck ai.d the Isom. Some of his ribs were broken, and in that state he was conveyed to the shore, where every possible care and attentiou have 'Well IhrilitO to him. The prospect at his restoration is doubtfnl, yet ton great praise caution be given to the exertions sheen by the seeders, and all who witnessed the distress. • On Saturday a host going from the shore to some wreck, was upset in the attempt in get off: all the •men were under rt, and, in all proltelity. some wonld bare peri-had, had not • wave ugain nosed the boat. and enabled those who were be neath it to employ means to assist themselves, end to receive•help from others. One of the mew would inevitably have been lost, had it not beeu for 'a Nesvfortndliend dog, which saw him at a distance from all huntun aid, swam to him, prized Imo by the hair, and never left his hold till the man was sere, though both the dog and Mao were frequently butie.d under the waves. This is the • second iustence in which the Herne & v bs. preserved the life of a human being. He be songs to Mr. Reed, of LowestOffe. COAL MARKET. Dcc. au. Ships. Ships bold. Pries. 17 .. re wrag tle Coal 1 z .... ... :,lia. Sid. to 7At 6rl t.. Sunderland t . • 'lllllld.. Ots Friday last, at Thor ll p US, the Lady of Wu William h.,. Yeti, Dirt. of a tlatmlitet Ila 3forlay ionnitht, at his toner, in Sudbury, aged Gg, Chat las Hurrah &eq. late of BranJao-hail, karats, and 11111 Of Iltr Majesty's Justice. uf the Peal}; f,r that cuunt*. smite clap, at his in Ipetatco, t. the 9;th year of hi, age., Neut. J back', R. R. late Commander of the Acuteetin. Oa Enda, lest, in Bury, Mrs Dedintifield, relict of Jolla BeatingticlA, hat of Custer, item' Vainwatb. mot Kan:tel l y reattleut at AyLhant. Fame day, I. Ket rich, Fog of Gehleatpue —This Centle. man *erred the elite of fligh Sheriff fur Leacaiure, in the year 1710 a. HIGH WATE.II. AT 11,41N1NON Morrow: !lawn. after t 1 Al LONDON...hawed by C. SAII (H i • . 1•100111 CS I Ne s euJ patlUgirA At Ibe tail% No. is, Back n( St. Clearch, tiaefl„ toy -W HITS, of s• OAK,. —4),40% • Sec fur tititt l'elter, seat to the (nice, (poet p 441). "Ii duh at leadtl to. • I DGE, THIS DAY. s se•tr /. I. ' . „ • • • .Ndrai 1 v _ % .0 • •TE. • d. has os l i t .LNt• - cs•"!' , tio vt., 19. * n th) , Irwirp.s.-the Cfp.i- !rosby stew , kbe4 xiiittef s Zetightissek.w- NA. the P4I4IIOVTIII. DEC. 17. Wi ' it4 Arrived the Costet. Herd, from Op•rtii, with e rob- wines, for this port ; sailed in emotivity with sud the convey, and parted, off this poet, thrsruotiviii 4 "„t usi their, passage _encountered tremeariwur galislpt I° or .4..4 Q.-a... 4 Ili.,