The British Press; or, Morning Literary Advertiser. — London, England, 1805-08-03 00:00:00

• 0 THE EDITOR OF THE BRITISH PRESS.' SIR, The object of Sir R. C A snsa's glorious VlCletry mast surely continue interesting ; therefore, uouble yru with The following A t tem pt, which I t‘lit.k might be sun g with some (-Eva to the well. known tone of The I , ght Nile Maui. Should either each of the Slimmer Theatres think it worthy a olace in their evening's entertainment, I beg leave tlius publi..ly to My, it is very much at their service. THZ AI:THOR. ORIGINAL POLTRT. SIR R CALDER; or, THF. RATTLE OFF CORCHNA. Turoe-7u. figia little Maud; or, Arishase New, awd old Fnrla td arin hears good news from the main, The fleet that long thought it appal'd her, Br Our tars have been met (fir I've 11001 The Geseae), Under brave gallant Admiral Calder. 0 Admiral C rider! Vielorrous Admiral Caldvr ! The loud tongue of fame shall trumpet the name Of our brave and good Admiral Calder. the ?rim* • came to view, says the French, "Who are you ''' Ain had the Frogs ovevhaul'd her ; They thought we were humming, till one cried "I'm Claming, First Captain to Admiral Calder." 0 Admiral Colder! Brave Admiral Calder ! So lit daett 'em come en, beslatlle Frog at With " Huss! for brave Admiral Calder !" Each paw Svani.h ship would have Kier% the slip, But the Preach so coinuletety enthrard her; Ilia fight us they must; only think how unjust! And so thought our Admiral Calder. , 0 Aiiiiiial ! Brave Admiral Calder ! Bat, what could he do' Why, ke mode esre o f fsrw ; Teas kind of you, Admiral balder. Tess Tuesday, at noon, for the Raphael too soon, Fur our tendon mon terribly maurd her ; So she very soon rrivic, but why mourn her sad luck, For she struck to brave Ad.niral Calder 0 Ailmiral Calder ! Brave Admiral Calder ! Take care of the trek !" cried the Admiral, quick ; Compassionate Admiral Calder ! The rvt of the fleet thought it best to retreat, Toe each found our cannon so scald her; Se they said et LA jog safe away it. the fog," " Away from this Admiral Calder !• O Admiral Calder! Brave Admiral Calder! " Let us tly away home, I wish ye ne'er come, " la de nay of de Admiral Calder !" Then Sir Robert rive o'er, when he could take no more. Sat the Finn, and it str (*fully galrd het; He sent to the Friikt and bade her be &risk Wtrlt tidings hem Admiral Calder. U Calder, brave Admiral Cdder Now let us sing, Gnd Save the King ! And health to brave Admiral Calder. • The Adinirani ship, Captain Cumin. • The cutter, Lieutenant Nicholson, that brought borne Settees of the Victor,. ADMIRAL CALDER'S VICTORT. lIITRACr OF A LITTER tlo}l AN OFFICER ON BOARD tilt MAJEATV'S ratoccez zovriiassc, oar LI3 PLYMOLTa, JULY 31. TUZSDAY, JUT " At eight o'clock this morning it rather cleared, and we could plainly see our fleet rather to wind ward of us, distant about thr,e miles. At nine o'Llock the holizon became quite clear, and we cmild distinaly see the enemy to windward of our feet. who were then laying to, and repairing the lionages they had suffered in the engagement. We were employed all this day in getting the prisoners on board, al d in the afternoon we sent several people on hoard the prize, the Firer, 74, which we h..ve in tow, to rig out jury -masts, and get some sal& on her as she lost in the action ; her main and wizen masts, and her foie top-mast, and fore masts, were much damaged. Our Captain went on board ter, and has returned with seven Spanish officers, amongst whom are the Captain and a Spanish Ge areal. This evening our fleet is still in sight, and repairing damages, and wo can plainly see the etemy. WLDOICSDAY. 24. "At day-light, with our prize in tow, ne can tlrerve our fleet nearly nut of sight. At eight eclock this morning our fleet all in sight. One of tFe 100k -out ships has made the signal to the Ad that 19 sail of the enemy's line are in sight ra;.:..er to leeward of him. TNIJSSDAY, 25. ~ with our prize in tow, and our the enemy. This evening the Ad nal for us, and the Syrisl frigate, prizes, to make the best of our way to and also to the li'indsor Castle, for the • the having sustained a deal of da- , at our side when the 74 fired at us. .4 one hurt, and were only damaged runninz rigging We came to anchor Plymoutn tinund. The concourse assembled on the shore to siert us was Wat.cs, At the solicitation of the , has not only vino. ccended to be- Patron of the Edi ibuish Mag also subscribed 100 gain as to lion of the new building. The Earl 'tic amiable Countess. emulating the spirit, have subscribed 401. shameful, that the provisions of Sir fort's Ad, for regulating the number taken by stage coaches, Bcc. should be • day, to be openly and grossly vio top of one of the western stages, we counted no fewer than eleven passengers, coachman, and frequently we have ob this pradice, equally shameful and . of the accidents which occur by the oveiturning of coaches, are to be attri- LEWES, AUGUST 1. RACES. • INTERESTING MATCH. Lord Darlington's Pavilion, age. Mr. Mellish's Sancho, Bst. Sib each, four miics, 5,000 guineas, .2,000 guineas forfeit. This match was run this day. won by half a neck. Immense slims were betted on this race; 1000 guineas to 800 against Sancho. The odds run in general betting 10 to P., and 6 to 4. SancAo was rode by the famous Buckle. Sweepstakes of 10 Guineas. Mr Treves's b. c. by Sir Pezer, nut of Esther, won the Plate ; beat the Prince by halt a neck. Handicap Sweepstakes of 3() Guineas was Won with great ease by Mr. Wardel's Gratitude. Sweepstakes of 100 gs each ; two miles and a half. Sir W.W. Wynne'', Athttio, 6 yrs nld . . Lt. 41b. H. R. H the P. ..of Wales's Alsu)n, 5 yrs old . 8 2 Mr. Ladhrnke't Rurnho, 5 tus old . . . 8 0 Sir H Lippincott's Sl.te, S vr. old . . 7 0 was won by His Royal Highness the Prince of WALES'S Albion. At twelve o'clock the Races commenced : His Royal Highness arrived a little before, driving hi. barouche and six, the Earl of DARLINGTON on the box with him; Mrs. FIT:CHIA BART and her brother, Mr. SMITH, in the barouche, four on.riders and four grooms in state liveries ; Mr. Met tisir drove his barouche arid four, Lord Haney moat on the box with him, the Countess of BA ARYMORE and two other ladies in the barouche; Sir Jona LADS, in his barouche and four, accompanied by the Countess of CLARE, and two other Ladies ; Lord GLORGE CAVENDISH, Lady, and Miss Ca vi:snisn , in their barouche and four, two out riders, and four attendants; Captain I lowa an in the rickey. This family, amiable as it is noble, came from Eastbourne this morning; her Ladyship and Miss CAV VIVIAN return there after the races; his Lordship dines here with the Nicer. Lord HENRY FITZGERALD, Sir Jona SHELL•, Mr. WA-nor:, Mr. PAYNE, and a large party, were entertained at the hospitable mansion of Lord Grottoe yesterday . This morning. Mrs. Ss roc ei.v. Mrs. MILL', and some other Ladies, were driving in their barouche and four, the horses in full gallop to Lewes. At the foot of the new Market Hill. within two miles of the town, two sheep tan across the horses ; and the postilion checked the horses to save the sheep. Being very spirited horses, they plunged most violently, and broke the near side trace, and nearly upset the carriage, There is no saying what the consequence might have been, had not a gentleman upon the dickey, at the ri•k of his life leaped off, seized the two fore ho:ses, and rescued the Ladies from their perilous situ Ili n. Several gentlemen arrived on horseback, and gave every assistance. The Duke and Duchess of BEDroRD were on the ground, in their carriage and tour, witil out-riders. Mr. DARLtV, in a barouche and four, with three ladies. Lady Srrw A KT, in her carriage. The Duke of Brorortn, Lord W HiTwoRTH, Lnist G. CAVENDISH, Sir JouM Snaxxv, Viscount SACKVILLS, Lord WILLIAM RUSSZLL, Mr. Hy Arn ow'. a, Mr. NORTHINO, and Colonel GIosAILSOR, are part of His Royal Highness's dinner pal ty. ---- - BRIGHTON. Aucaurr 1. Although wst the scene of anion, be assured we are not quite negledted. Hundreds of votaries sa crificed at the shrine of Neptune this morning, and tnen prepared for Lewes ; carts, chaises, donkies, all were in requisition. The Steyne crowded with am tteurs of the turf ; bets ran high on Lord DA te- LiNcrom's Pavilion. The PRINCt had a pally laiit night, and the band played. The Theaire was honoured with a very elegant company ; the Du chess of Btoruso, Earl and Countess of CL ER MONT. Earls of EGSV•IONT and CRAVEN. Lady and Miss WRIGHT, were present. DOVER, AVG. 1. Every thing remains quiet on the other side the water. Tuesday and yesterday evening were both very clear, and enabled us to take a most distina view of the enemy's coast, which is one iron front of fortification from Calais to Boulogne. There is an appearance of a great many masts in the outer harbour. Our cruisers form a very piSuresque ap pearance; some at anchor, others under sail in va- rious direetions, within two leagues of the coast ; and a proud refleaion it must be to every true hearted Englishman, to see comparatively such a mere handful of vessels hid defiance to, and keep in durance vile, so many thousands of that immense armada, that was, in spite of our efforts, to land their hostile legions oft our shores. The camp at Boulogne is really extensive, stretching to the south- ' west at least two miles, and how far into the inte rior can only be guessed at. We could distiniftly perceive the troops on the shore performing ma nceuvres, and much on the alert. It is a pleasing circumstance to mention, that in this neighbour hood our fortifications keep an equal pace .with theirs. The heights are covered with formidable batteries, which shew themselves one above the other in terrific ascendancy ; and our troops are kept in the striltest and most constant state of dis c•pline ; so that this is reckoned one of the safest places in the kingdom. The town is all alive, and every heart exulting a: the joyful news brought by the post of this morn ing; and remains in anxious hope and expeaation, that the next will bring us a triumphant cross of au spirited and glorious a beginning. dalen A copy of a letter said to have been written to the respeßi.e Captains in Lord N.LSON'S Rest, on their Arrival in the West Indies, was yesterday handed about in the city, in the following laconic stile :- 4 ‘ ?teal . the t•east line as soon as posstite; lards. ne vi►—nrorr—serer." Yesterday morning, about tee o'clock, a pitched battle was fought on Blackheath, betty• en two w.. 11- kno a•ri bruisers of the lower order, one named Bs •e:, and the other Old Slaloms's, w!ien, after about three-quart-Ts of an hour's !Lod fighting, nne Hones was declwed the vigor. 'this battle afforded 'pinch sport to the spectators and am.sieurs of the pugdistteart. ••' • • . ••- LAir • cue. and come to tak , - any t could take would le. Equity, , day nem In the hare free COURT OF CHANCKR Y—Fwi , Aucurt 2. . • BATLEY, Administrotrir of SALENTINE end resent, V. BAYLEY and ALVCS. .• The LOSS CHANCELLCR, on coming into Court, said. he had read over the answer of the De feodant, Alves, and was of opinion, from the ad mission in. it, that Mr. Alves should pay into Court onn-third pare of the sum of 13,11fil 17s. balance of the account made out by Mr. Winter, as due to the estates of Balentine and Frazer. THOMPSON and lURPMAN V. BLINN. Mr. Prows., on the part of the Plaintiffs, moved, that a receiver should be appointed to receive the is sues and profit, of the trade carried on by the De fendant, and that the sever:A leases of premises, and the honks and papers, now in the-possession of the Defendant, should be deposited iii the office of the Master, so as to allow the Plaintiffs to have access to them. The Learned Gentleman then stated, as the omen& of this motion, from the affidavits of the Plaintiffs, that a Partnership had formerly sub sisted in the iron business between them and the Defendant, and that they had paid a considerable sum of money into it, with part of which, valuable leasehold interests had been purchased, on Coxe's wharf, and elsewhere. The hii;iriess was, for some time, carried on by the Defendant, in the name of Foreman and Bunn, not the Mr. Foreman who was ' in reality a partner, but a relation of his, who had, in fael, no interest in the concern, and allowed his name to be made use of only to oblige the Plaine tuffs, who did not wish to appear as partners in the house. At first it was agreed, that the partnership should continue for seven years, but the Defendei t afterwards refused these articles. and a partnershiie was entered into without the time of its duration being specified. This continued for some time, A.I patties having a great confidence in etch other, and ' the Defendant contrived to get the leases of the pre mises into his possession; shortly after which a dis pute arose amongst them, the consequence of which WAS, that the Defendant signified his intention if dissolving the partnership, and immediately took down the name of Foreman from the premises at Core's Wharf, and said he carried on the business on his own account, though it was with the partnership property, and tit fused to give up the leases which he had got into his possession, or to allow the Plain tiffs to have access to the books or premises, so as to enquire into the state of the property, but said he WAS about to take an account of the stock on hands, which he would ;end them a copy of when perfe&ed The affid twits farther stared, that the interest of the Plaintiffs in the partnership property was consider. ably greater than the interest of the Defendant, who was the working partner, and had only a fourth of the profits. MI . Pigot made several observations on the different points in the affidavits as he stated them, and concluded by saying, that if ever there was a case in which a Court of Equity would inter fere, in a partnership account, it was the prese. t ; ' he therefore hoped his Lordship would be pleased to malt• the order required. Mr. Ross Jet. v, on the part of the Defendant, said. he was convinced that, when his Lordship fully understood the nature of the case, it would deci dedly prevent him from appointing a receiver, as de sired by the Plaintiffs. The affidavit of the De fendant, he said, stated, that he was the only osten sible person for all the dents due by the house, the names of the Plaintiffs not being known in the firm. This, the Learned Gentleman thought, was a very good reason why the Defendant should keep posses sion of the property, as he was liable at any time us be taken in execution on any of the outstanding bills.. which he, as the aCting partner, had signed for the house, merely by the holder proving his hand-writ ing, which would be much more easily done than bringing a number of witnesses together, so as to I prove the partnership of the Plaintiffs. The De fendant's affidavit further stated, that he had brought in his part of the capital in money to the amount of 7,5001., and that the shares of the Plain tiffs were in stock in trade, and that the leasehold property in question had been purchased with his ready money ; notwithstanding which, the Plaintiffs had the leases assigned to them, totally ere eluding his name and claim to have whatever benefit there may be in the sale of them, though it was an agreement, when the partnership was entered into, that at the dissolution, the partner carrying on the business was to have them at the original price, so that his name not being in the leases, the only secu rity he had for the property was the possession. The affidavit also stated, that :the property at Core's wharf had been sold to him by agreement, and posi tively denied that he had ever reused to permit the Plaintiffs to inspeEt the books nr premises. Several proposals were now made to let the matter in question be referred to three persons to settle all points in dispute, but the Plaintiffs would not agree to the Defendant's being Appointed receiver, though he offered to give good security, and the Defendant would not agree that any other receiver should be appointed, as he then could not pay the outstand ing bills, which he was liable to be arrested for, his name being signed to them. The LORD CHANCILLOR said, that as the De fendant bad sworn the property at Core's wharf was his by purchase, he could not appoint a receiver as to it ; if it we. not his, it would be very easy to con viet him of perjury, but he thought it better the parties should come to some agreement, than press him to decide on it. Another attempt was made to come to some amicable settlement, bus it proved ineffeaual. Mr. rigor then spoke in reply at considerable i length. urging the necessity there was for his Lord ship's appointing a receiver, and ordering the books, and leases, to be deposited in the Master's Office. The Loan CNANCILLOI said, he had no hesita tion in the world, about what he ought to do in this case; but he would folloW the course he bad always followed, namely, to give the parties a short op portunity of settling the matters in dispute, before he would lay the heavy hand of the Court on their property. He had sat, he said, twenty years at the bar opposite him ; and he never in the course of all that time knew the Court to make an order for A receiver, on a partnership property, unless the par ties had first an opportunity of settling matters, or that it was evident it would be for the benefit of the parties, and a greater evil, if the Court did not or der the receiver, in the first instance. His Lord. ship then went into setae of the circuautances of the think, contr. , in a suit right • br•iug; Lordshi fendam mon, chase on the estate sation, then ht which, warrAnty prahcnJed Last Mr. purposes proceeded Mr - Mr. . menrioned f Plainttif, deuce pri subjeft The Defendant, ling to p.rteP campewatio thought ' Master, the Court pensation Mr. ' that the not only The laid heir of the whether , peared grants turage other word, very weil, nors, in gr. to themselves grants, r oe nothing turage m.P the lord young farmer, who had introduced himself to the family of the Plaintiff, under the pretence of paving hozourable addresses to the young woman, whims he afterwards seduced. and when she necame pr te nant by him, he cruelly abandoited her. Tie Learned Counsel dwelt with peat force on the misery which such conch& caused in Lao/dies, and observed that, to a virtuous man, it mast he much less painful to follow a beloved daughter to the grave, than to see her thus dishonoured, and :.er shame pullicly proclaimed-in a Court of Justice. The Jury, as fathers themselves, would estimate what were the damages which the Defendant ought to pay for such base conduet. Sarah Mills, the unfortunate young woman, was first called—she stated that her father was A farmer at Great Batson. The Defehdan• WAS also a farmer s and became acquainted with their family through her brother. He professed hive to her, and pro. mired to marry her. She became icquainted with him at the latter end of the year 1 do 2. Ir. Jantiatr 1804, she went to visit his mother, and --bile was at his mother's houie, he had criminal inter course with her, and she became pregnant. On cross-examination by Mr. cserj-ant Hest, she denied that other men had h par. List- I—.tess • LS her, or that she had been in th• hahtt of vi iti tg the Barracks and coquetting with the o,fi:ers. admitted that she was at a dance at Is;alam F Or, and staid late. but her eldest sister and a gentleman were with her. Elizabeth Mills and Lucy Mills, tw-t other dales ter, of the Plaintiff's, were called, and proved, tout the Defet dant was received at the rentr'S him.: as the intended husband of their sister. nitatwth Mills admitted that a censorious a orld had accused one of her sisters of having remained all night in .he barracks, but it was not true. Henry Mills, the brother, stated. that after his sis ter became pregnant, he called uonn the Defendant to fulfil his promise of marriage, nut he received hors very rudely, and told him, it it was not for the law, be would beat h m out of doors. Two witnesses were also called, wh stated. Clat the young woman had conduded het %elf very pre dently until her connedion with the Defendant. Mr. Sarjeant Bait, for the Defendant, adds- , seed the Jos y at considerable length, in maigati in of da .ges The Jury found a verdiet for the Plaintdr—Da. mages LAC CNOv N stl Y. &fore Lord Chvf Jo;•act. MA•litliLD• HIGHWAY KORIFIIIY Jola 117Inet wns indicted for a highway robbery. near Woodford-bridge, in this county. o•l the 6th of MAT last, and taking from Richard MuWair a me tal hunting watch, and some silver. Richard Mullinet stated, that he was comink . l town from Woodtord•bridge, on the 6th of ivT2/ last. lie was in a gig, and his wife wa. with bin. l; le had not proceeded tar, when a man, whom his *V./ believed to. be the prisoner. carne tsoa► Miami ft nc Ctgln 0 cioci and we could plain ward of us, distan , o'Llnck the hotizoi rntdd distinaly see Ileet, who west. the damages they had s, wore employed all t la board, al d in psple on hoard th have in tow, to r ig sails on her as she limn masts, and h , were much damagi bet, and has return amongst whom are seal. This evenie repairing damages memy. " At day-light, • olverve our lint ectock this month tfe lozik•out ships ti•al, chat 19 sail ra;.:er to leeward c " At day-light, fleet in sight of thi mital made signal vtith the two prize England, and Alm same purpose, sh, Inge. " Fortune was a for we had not on, in our small runn t i last evening in P of people asserola immense." The Prince of ' 14 4 of Motors, h tome the Patror Asylum, but has wards the eredlion of Nof 4 9 and hi game beneficent in It is really sha Ricnsin G•14(30 o f passeng ers ta k e catered every d; Wed. On the to yesterday countec besides the coact. ''' h `ed fie! To t inninow s , most of frequent owe: tun bated. . • , .. ..' • . ' . r • • • 1., • Id strongly urged, that the parties should .., o some settlement, as the Court could net s ,', y thing like As good care of them, As they ~, Ake ut themselves; so that ihrit best will' e. , be, to make their own isrenits t Curt of n ~. , on the occasion, and let him ktv,ve on Mon. it. whether they had cone to arty agreemen'. mean time, he thought the Plaintiffs should ee access to the book. and papers. vAncov•az v. LEM. 2 Ilroualos, in this case, which we Del re ned, spoke in support of the tile of the ff, and said, that it was evident, from the eel. t troduced, that the estate was in the Plaintiff, only, as stated, to six persons cutting whirs. lefendant, in his answer, says, that he is wile ' perfeff the contra& if he has an adequate t i oration for the deficiency ; he, therefor... it he had a right to gn again before ts e ', to establish his right to the soil. and that urt should order the M ister to say what come ion the Defendant should have. ROSIILL V, for the Defendant, submitte4 Sc objeftion relative to the cutting winos, w.. c ly to 400 acres. but to the whole of the estate, i ! LORD Cm *nett. Loa .said, on the evidence !fore him, he was of opinion, that the tep.tit e Master was coned. The tplession was ' er the seller is the owner of the soil ?it ape li I to him he was not ; for in many of the i which were read in Court, feedings and paw I were mentioned, instead of estate, or any word, which 'signified the soil ; and lie knew Weil, that in many instances, the Iced' of rt.,. in granting lads in former times, reset .4 rmscives the right of pa turage, so that th se s, read on the • past of the Pliintiff, might 'thing more than a reserved right of' eas- e made over to him, or his ancesters. by nrcl of the manor. He did not, theses re, , that he should compel the perfnimance of a ad, by which the purchaser might he involr d uit with persons who mig'.t hereafter claim a to the lands, and who could not now he ht before the Master. On the whole, his (ship did not think he could compel the De.. tot to take compensation f. r 400 acre, of corn- , which would be obliging him, in tag, to pm- t only half the estate; and if the Plti.niff relied ' i. 4 to offer in the Defendant's answer, to take the e as it was, the Plaintiff allowing him compels- ; n, he would be doi•lg himself an injury, fur he should give compensation for every thing, 1.1 , h, the D-fendant says, is not according to the •Anty he had. His Lo-dship, therefore, ap- ended that the Bill should tae .:ismissed. Te...___•....._ ESSEX ASSIZES. —...... ~ cisetwihroati, ♦MMUS'S' I. sst night, Lord Chief Justice ../,.:,,,..5i...,, .. d Justice HEATH, arr.ved ii: this tow:', fir lb. 1 >rises of holding the Assize;. This morning They ceded to bailor's, after having heard lJtvitue i rice. CIVIL SIDE. nournos. Mitts v. itAitstrirt. • • 0 (r. Ca•aruw .wad, that this was an stains. ught by a lather, for the stilt:Sion of tits .. ghter. The Plaintiff was an brinest farmer, who , a large family ; and the Defend int was also a .. (Irmo, toilet had intrnrittrod hirnuble en rho 11• • • •