The British Press; or, Morning Literary Advertiser. — London, England, 1805-12-25 00:00:00

• • • CITY BUSINESS. A Court of Aldermen sexs held it yesterd .y. at which were present, the Lo. ID MA Y oa, filreen Ald-r.sen, and Sheriff's. GEO.' nit Scltt.v.tv, E.q. Citizen and Distiller, lately ele3ed Alderman of the IVArd of Dowgate, w..s sworn IMO ..fEee. The Court, alter examining the Meal-weigher's returns, ordered the price of head to he raised one whole assize, fr 2J. in the peek loaf I to take place to-morrow. The quartern loat wheaten, will then be Is. O'd. and ho , iseh , •l , ll 10:d. Ater h.. Ce , urt rose, the neve Alrlersna.n returned, with Hi. Lordship. in 01 , star -coach, to the Ilan sion-honse, as usual ; wh. to an elegant climate was ptuviLled for isitn, and several other Aldermen. Ci TY ELECI lONS. Yesterday, at three o'clock, the Pas forthleson te‘tr I Eletions for Common Cometlimit ualiy closed, w'•en the norishers mond as (aloes a— Fs .1t TIIF. WARD OF FARRINGDON WiThiN. The ni.in 4 that Ward again met the Can did ,1• s in the Hall of Christ's Hospital, at eleven o'clock. Messrs. Winter and Priest declined the en:s. test not u. ishiog to give the Ward any further tt , klllllr, w!len t..e other Gentlemeu wets declared duly el, act!. TOW ER WARD. Afre , the hardest contest ever known in the Ward of I owe', tor twelve Gentlemen to represent them in C-mmon Council, the following ate the Mem bers, as stood at the final close of tse Poll : James Dixon . . 250 W Mam C;awilmen • 202 Samuel Wright . . 2,5.1 Thomas Forhergill . 196 Samuel Hutetsima.o . 249 Day , 4 Latch . . 185 Came-1 Dixon . . Y 47 G. Gan . . le9 Luna git Samuel Walker . 174 Tio•ams Bodges . 224 Jnlm Ila•s•limue . 1.1 Sk, per . . 223 Lewus G.lsun . 86 Chase Stewart . . 212 When Sir William Curtis declared the first twelve duly elated. CORNIII Lt. WARD. !larch . . . 67 n unt • . . 57 Assert • • . • . b 9 ks . . . f 0 (....oteker • . 22 R.mard . • . b 9 Nu , ..1 • . 35 Wl en the six highest in number were declared duly eleacd. TRIAL ' OF ♦ICE•ADMIRAL sit r CALDER, BAR r. roatsmotru, rite. 23. morning the s:ro .1 for a Court Mai rial was hoisted on board the Prioce Irder. to inquire into the conduft and proceediugs of Vice-Admiral Sir Robert Cakdr, with tl s Majesty's sqaadron under h's c mmand, on the 23d day of July last ; and also /.is . u i.hoq.o•nt condtift and proceedings, untl he fi na lly lo r tof the enemy's ships, and fcr not havin,: done his utmost to renew the engagemen , , and to take or destroy every ship of the enemy. which it was his duty to engage. The Court was composed of the following of ficers : PRESIIIFHT GEuitts moNTAGI.7I. Vice- kdrninl John 11.11,..8.. Vice Aginv. ItArthai• - • w same.: Rewtsy, Stow-Admiral Edwar r Thorgooteogli, Rao- ‘ditiirst John leer Ad•mral ac C.An, But. Captain Cantons Jattaw A tiwOreepa, ?Ur 091010 , sht Captain Thomas Cape% C.amain Jame- Hisictt. C N t ..n John Irwin, Cainaui John Sealer. captatt, John 11.armnur. it was understood that Mr. Bicknell, the Solicitor of the Admiralty, meant to have addressed the Court previous to the examination of the witnesses for the prosecution ; but the Court, it was presumed, thought it unnecessary. He then proceeded to call the witnesses for the prosecution, having previoasly verified the log books of several ships belonging to the British fleet. The Witnes,es entwined wre— Admiral Charles Stirling ; He :Iry Craddock, Master of the Weer: Captain George Martin, of the Ballow ; Captain Durham. and Capta,.; Henry last. The evidence on the parr of the prosecution was material!! shortened by Admiral Calder's admitting the allegation chiefly relied on by the Solicitor of the Admiralty. At four o'clock the examination of t! -e Prosecu tor's Witnesses entirely finished, and Admiral Cal der was desired to pri end with his defence to. morrow. The Court %trill:) , ordered, that no part of the evidence should be mi.le public till the trial wa. concluded At first, an order was rn.tde for all ersons who tool( minutes to deliver them up to the Captain of the P,,ute, and receive 'ham again next d.ty ; but the extreme inconvenience of thi. stir , listed, they relied a solemn asvurance tha they should not be divit'e,t to any on ae Court was uncommri.ly crowded during the wh is of the morrinix, The followit g is the copy of a Icrcr, transmitted to the Admiralty.. by the !`art Admital At Ply mouth, announcing a Fsem' , . fleet at WA • •.;1. lee!. SIR—I beg Lave to info of our antral sr fora rot I it," 'so econing, afar liscur • the 5 . , a ,,,„1, r oa c „. a , I.hb..n. W. a.del from 1.0 • : Cie hth inicaut, and tut th.: 1 14•11 pro by a Fraor:r %cachou, ultra: had math taco...'ape 1111.111Cht 14101 e t'llol nest. They try:. eleven on hum'cr, •e• toot no t lobe %hps toil the 11e, the t rt bloater:, stewing W.S W it lot 4740 long 7.110 d. Th. *hip that r bo. 1 , 111 Is.: • ;k r (Sirwl) US " GEO k ' FLAKE. To Admiral Youhi,A:e. Master of the Oecoo The Negroes have ..evolred A the Island of Cay tom, taken the town, and ma& VICTOR pris , ner. l'hea3wo of Castri•-s, in the Island of St. Lu • 4r6t, 1.4 s been ..ecidelattliy red by fire. At the hrnet at of the late k I Patrst A. which, • a . cnutse. was. a splendid . y (eternally, the cc.thi •a•as lots tt I gra idly the rtty.ti vault, caddie the ehotit intMphOilit . • InValie of tTIA• *bury pissed uoivrueuth, ant.. .. ..411y biddersown • it* ape t. .7.:thing of t int!. we think, any be advatirage 3 s'Y adoptei • wcoll AJJ to the ,pictmli.l soh ro: cs to he at Ile interment of vut &Fated hero. Lord Nll4OlB. LAW INTELLIGENCE. COU:I.T OF CHANcERT,Dse. Si. COPYRIGHT tug ASSIGNEAS OF J. end 0. eealNso. 9. 5000. The Plaintiffs, had, in Jnly lam. filed a bill, and attained an injoaCtion to restrain the Defendant Ems printing, publishing. or selling. a hook. dad, rms . . Sptiliag Book, on the ground. ,hat they were entitle.) to the copytight, having originally published the suns honk in the year 1770. and that the author was still 'joint. To this. the Defendant pat in his answer ; and, on his behalf, Mr Roo:L.- I.V aad Mt. lieu.. this day applied to the C'tOtt• AM the injunCtion should be dissolved. He con tended. that no copyright could exist now in the Mitsui's. as the fourteen years to which they claim ed to be entitled. in it, Irte, were long sine andoktme aft events, no man could have an eselwitwi right in a spelling book. to which every man r t the country was equally entitled; Mr. Vise, in too work. had not evils the merit of compilation, or any exercise of ingenuity, or anopeenient, as he copied, verietier, as.' alphalseticalla, the attic w Js as those published by \ lasses. Dyke, Dil worrh, mid searrol Wien, who preceded them.— There could be no snore copyright in this. trout could be Attached to hors-book.; as all men had an equal right to copy the alio/sober of our language. If a Man thought pr per ono to publish a new edi tion of Bleed ,tone's Carmen: nd colied them Blicklionee wh: ..ims would be rather more applle ihle to them .: other, he would nor be ent ..ed to an ivj :. against ar'other man who should publish the same work. e aloptir.g the n e w tide. It was tftl4:, tii.lt, in many caaco a tole page became a cooyright ; for instance, if a win pub lished anew work, entitled Th.• :.'ye Ream, or any other wertArn sun pert d'e :I pn ilication, .that wou ld be eve ::..thy an c v.,sion of the property v iced in to w-tics now gog by their established title ; bit' it would b.: i lie to say site same of a spell , oo es a horn-hock. Independently, however, M al. this, the Plaint if. themselves, by eir oeot !ache,. tad waved C: At right which th v pre ended to have to A.I in j i 9 i on; fin this pa :I.sation was bemoi by the Defendant, and continued by him ever -i-ce 'be y...ar 1802. sA i. hoot the least inter rupao.,, or rent hear* n of this alleged right of olesoo ui.tiC2his bill was tiled against hi m i n the ( non h ..; Jllly last. It would be in vain for them to s iggest, that they did not know of this poblication betore, as the hook was publicly sold, and had a veep extensive circulation both in town and country. and they had not even ventored swear, that they were ignorant of it, If •hey could prove ti tr copytight, they bad thin- ioote ty hi an eat so in an then Court, and, if they so •cees'.ed in e tabosh ..g it, then would hr th proper time for then. to apply to his Lordship for a , . injonaion. Mesir.. Ric-HANDS and J oinsom, in support of the injunaion, argued, that. by law. every s had the copyright in what his Industry enabled hint to discover, or to compile that such a right extended to fourteen years, after the lapse of which. if the author were alive, he was entitled to the renewal of his exclusive copyright foe soother term of fourteen years; and, as Mr. Vise, wino was still olive, had soli his might 10 the Plaindi, for a valoaole an nuity. their mess in it was on espied in 1802, when this publication couromoleed; that there were no la , :hat whatever in this tones foe, io /as, oh. Meows. Robinson'. owing to the embarrassed state of their affairs, and t looking to their rights with the same diligence as behove. did not sassily bens of this publication. before the time they filed their bill ; that the Defrodant adopted the title-page of the book of 1774, with the slight alert-mica of not say ing, t' By Mr. Charles Vise ;" but aantaieg on the leaf opposite, a print of that gentleman, with his name under it ; acid that, in fine, tie MOM eaten. sive the sale of the book was, the more was it ne cessary that it should be Jistroined by an injuoftion. The Lotto Cnoticattoa observed. that the Courts could not be eape:ted to aft upon the principles which seemed to prevail amongst book sellers towards each other, but to condua them- selves according to the laws of the country ; and, therefore, should. this cause come before another tribunal, it would be necessary both for the Judge and Juty, to examine well into the blended ques t; ins of law and r $ first, whether this were as original produCtion of Mr. Vise, such as lawfully I entitled him to a copyliold ? and, secondly, whe ther, if he were so entiee-; to it, the publication in question were an invasion of Lis property ? That, however, was not the question before him. There certainly were cases to which property required the immediate prate lion of an injunaion, as supposing a man should sell fire.engines after the model of those most useful ones peojeßed by Messrs Bolton and Watts, and which were secured to them by patent. it would afford us suffi cient eroand for an immediate injunction. Certain m Jicittes, for instance. which, fortunately or unfor tunately, toe most nd, were sold all over the coun try, were allowed the proteaion of patents ; and if a man, by substituting one ingredient more noxious perhaps than all the others, should make a change is the composition of the former medicine. and send agents in all quarters, to depreciate the patent medicine, and recommend his own, he would be liable to an injunetion, because he thereby deprived the pubic of the benefit of swallowing all the poi son in the manner it was before administered to them In the present case, when he considered that the Plaintiffs did not disturb this publication, or apply to 11. m, as they aught to have done, in the first instance, but succeed him to proceed with out imerruption, for the space of about two years, h. could not now order the injunaion to be con tinued, neither could the Defendant complain of its having remained so long, as they might have put in their answer before, end called upon the Court for an immediate judgment. The Plaintiff's copy right was, for the present at 1e.451, doubtful; but if, by bringing All .11AlL10, they should establish this right to it by the decision of a Court of Law. it woold then he competent for them to come to him and apply for an injoilaion. At present, therefore, ti mist .order, that the s ibsisting injunEtion should be dissolved. COURT CONMOS PIA Of111011A1•, D,c. V num 0t142115. This %v.'s as 4aioti for :none! , lent and advanced to the Plaintiff's i.sa, grin twa bills of exchange, amounting to 4001. and 3001. La the some of the proceedings, it appeased that them were variant 1.11111 lteltstinionas and accommodation bills t elabfe amount between the parties cow het the chief question wee, whether this was • dirt of the Defendant llumbk iv one i.. hit partnership concern was inr from the banking account, it appeared. dm' these bills were discounted as f.r hlemble Co Bit, on the part of the Defe..dants, Mr. Setj rant SM.PlifillD contended, that the trans nion we merely on account of one of the partners, who eas concerned in the coal trade, independent of the A vast contrariety of evidence was introduce'. The Jury retired, and after near half an Ensur e s deliberation, brought in a verdat of 1001. for the Plaintiff. 11.15 C. RETWITOIt. This was an anion to recover the tons of • 3st. 104. fort quantity of smelter (a metal s:in:iar to lead or pewter) consigned by the Plaintiff to the Detendant. The Defendant resided in St. Petersburgh, and the Plaintiff consigned a quantity of this smelter to him to dispose of, for ready mot ly only ; instead of which, he sold it at twelve month's credit, and re mitted a hill of one Aucras, %also afterwards turned out to be a discarded Dutch Lieutenant ; and. since the formation of the bill, died in priain..l where he had been confined for debt This trans- I anion took place in the year 1797, and the Plaintiff had no opts , r•tunity of recovering the amount,against the 11 fendant, until some short time, ago, when he came to this city, and the Plaintiff, discovering him, had him arrested. Mr. Setjeant Best-, for the Defendant, untended, that the Plaintiff, having retained the bill, instead of returning it in doe form to the Defendant, had adopted that mode of payment, and could not now recover age um his client. The Jul found a verdia of li4L 10r. for the Plaintiff, the question of interest being deferred for the Learned Judge's future consideration. TINItt•Ill W. ret.outintrsi. This was an a lion upon an attorney's bill of costs, for ssl. Ills 9d. noon two a9irms, the one against • one Watkins, the rnher against one Gardner ; :he amount of the tarn, r. 4i „s. was lodg al in Court. The regular proof....ting on the pert of the Plaintiff, Mt ' -rj-.,fit ries r, on be'..7 .)t oi. Defendant, !la. demand, on the gr00n...:, p gli: ; rnce ae Plaintiff. in not instroa9ing Coui.cel o. op e the bail of Gardner, who thereby was dis taarged, and the Defenda - i, in :he prese t CAW, was deprived of the benefit of his suit. I\ , -'ice of bail had been served, and two persons, of the names of John Dale, and Bennet Bennet, had justified, without opposition. neither of whom were worth one shilling; and so notoriously known in the Court, that Dale was entered in the black-boot of the Court. thereby tendered incapable of seer became ing bail i,n that Court. The one was a penny-bar ber, and the other kept an old iron shop ; an !, as one or the witnesses observed, had not eve worth of goods in his shop, much less to the val— et* 1001. Gardner, upon this bail, was enlai •ed. and immediately absconded, and the bail themselves being so insolvent, it was not possible to recover against them. It answer to this, it was contended, that the Plaint. iffbad saved his client en much money, by um op posing those be, who, at all events, would then have sworn through every thing, and would have justified, no:withstanding all opposition. From his letters it appeared, he had all along consulted his client on the business ; and, it was submitted, that if 1., were chargeable with negligence, the De fendant should proceed in the regular way, by bringing his melon for damages. Ile Cuter ksrica thought, that although the charge of gross negligence was a very good ground of defence in some cares, yet he did not feel that there was that negligence in the Plaintiff, in this case, sufficient to raise that question The Jury, therefore, found a Verdin of 501. 13s. for the Plaintiff. This Case terminated a very long Sittings at Guildhall. PO L ICE. 1110W.STRIET. Yesterday, John Powell, alias thavgvarrrir, alias Nintik Fimiter'd Jn.-1, was brought hefore Nac no tns Bonn, Esq. charged with having feillilied from transportation before the expiration of his sen tence. It appeared. that the Prisoner had Seen conviCled, about three years since, nt stealing a box from be hind a chaise, for whicn he was transported for fourteen years ; and escaped from Woolwich War ren. three months since. On Monday night the Prisoner was recognised by several of the officers, at the end of Bow•street. talking with some pros titutes, when they took him into custody. Mary Duo, hers Joists, and Jaltet Shaw, v.e-e charged with stealing, from the shop.door of Mi. Davis, linen draper, in Holborn, eighteen yards of primed cotton. Young Crockcr stated, that. on Monday se'n night, in the afternoon, about half-past lour o'clock, as he was passing along Holborn, he observed tile Prisoners, and knowing them to be reputed shop lifters, he followed them. and observed them look into several linen•drapers' shops. They at length came to the Prosecutor's shop, where tlime was a variety of goods exposed at the outside of the door, which they so-rounded and, on their going away, he ob served the Prisoner, Snow. with a bundle in her lap. He Wowed. and secured her t and (mind a piece of printed cotton in her apron. He left her in the care of a shopkeeper, followed the other two Pri soners, secured them, and found upon the Prisoner, Jones, a piece of black and white cotton. A shopman of Mr. Davis proved the cotton found upon Shaw, to be the property of his master. They were committed for trial. An Official Letter has been written to Sir Lsi AC Hs. A ita. fsy command f the Prince of WALK', in forming him, as Garter Prince/ill Kent at Amu, that it is the intention of His ltovat. Hionercss to walk in the Procession, at the Funeral of Lord N•asov, at to Attend it conformably to any other regulAZlJi• OA MAY be adopted by His MA 'MTV ' S Ministers on that melancholy occasion. NORTVICII. Dee. 2S. At a County Meetit•g. h.• al it ;fie ?Thi—house, on nworlAy last, pai y.i , utenan-Cieoetad oiey's pro, to wet r •il'itr to per,ie e y.e memory f Lord 4 A:tre georraii r tae i.h-•itier'T .sod taken the C 'air. • - •e .seness r.f r ' he Genet 41 was call •d ,i ;anent tlittlern , "at n o s Wool be sob i.et were. aco•let 11•:11 kir; at otter the MOW gf:MOA! as he Aid .5 a farmer meeting ; -and said. eh ha cdreeideird it as :he hap,nest moment of his lite, as watt as the greatest hon u tn. hare made * i •ropinition that had met with tee so our. eence of th g ntlem-nwho war , then pr seat; he did hope, that hlt he.l, t ai .rek 'ltipropose he as well •eet eed. He hid 'S . al'd there wan a nub to base a nionomen: : the Catholt al. ;oared of a pillar ;—he woolsi nor say that wonld he an als. sordity, but he would say, it tIJ lie xtrertiely in consistent to hie two church .uments in this, or any country, to transmit to posterity eh? evertor+ *any Man. If, said the General, this props' l i o n pass (as I understand it will he made). f sr turd mime fro one in Burnham Conch, in which pros} the N able Lord was horn.; rod that prnierity mi:ht net be deceiyed,.c wont . move, lest slider it sion,4l bread " Lord Y, low's Rah oil cal Ur here. but ie Chsi,' , ." If the Coy of L• mhos wnitld re yon a hair horn Lord - 1'414% m Iseast. ninth they will not, if they -et a title v due up in it, t hare your church moonrise and tell a. shot:, *ha' hri darer. A Pillar is the moo' at rau bate to delsawei .Veroes. MOM/ to its t.. Chtusi'lln are in ptfisisaltle manse RC GROS tOsl Va• i! . it the pr,l4lst qtr. have d • toyed vouch inseam bit they respell field monuments, citified vs p . petuate the memory of a brave roma—OW ••• pared Pom ey's paliar--wr resweted the le moon:tient es El d foe an enemy, Danirer's pro near Valencielmes. •llere is a sympathetic feels t c .its the breast of every brave man fir tho ch let of a departed hero, avid he hoped there would me be a dissenting voice on the suojeft. rire any question of Any ennsernience benne thews was. where this pillar should be ola-ed ? r.e h d owned it in his mind, and 11.1,1 consulted many -Rend men on the sang -a, and rec. had i various 0r... He should now beg leave to submit to their consi deration two---the Castle Hill was one. the other o the summit .f the Castle ditches; it was a h .an i conimaniing spot ; Iron" it the pillar wale J be seen Irons All the turnpike roads leading to biter ,wich. After various whet ryas •ns. the Ge.:eial r ,•• • hit voice in Let or ot ,t,.e field me:gatemen:, arid theta i the following resolution , : I-t. a sulocrirtion should be immediately open,. • • Lit A Pillar to the Memory of Lord Vis count , ::lied in the late gloeious Vi say Obo taincd by .o r the .Combined fleets of Fiance and Spain. gal. That a Cu:..nui'tee be i . ornately formed, and authorised to proceed and rt etarnatvs, And to take such steps at they may think proper to put the Ate@ into execution. , Si. That the Pillar intende d to be ereaed shall be placed ; tl.e shape And form io be lett to :he Cornmitthei 'Pre Reiter' Ks-Trials teeonded the prepositions of General Money. Lied Baynirg said, he thought that the effete of the pillar would be lo.t• if pieced spots the Castle heir. too near so lony a 'redoing as the Castle. Sir J. Astley Formed ts here Lord Nelson VI both ,• but as tli:s vdiage was hi a re mote"tr isc as a : . g ,the . preposition was not seconded. .-• • • ble•Plumptre thought, the more regular mode of proceediog w old be, to *pippin' a Cis:l.rnittee, in the ritst instancy, who neighs make a report on :he slighted to a other effOßty Meetimg, to the ensumg Sessons weeks and he moved an ernenchnent that effete. Lard Bayo;ng and General Money said. they sto-old be very unwilling that the p resent meeting (which might be said to represent th e whole connty) should he tdj..urtied, without cornina to a resolution, that a Monument should ere.fted to perpetuate, .o the latest posterity, the heroic aid achievements of their illustrious countryman. Lieutenant-Colonel Gordon thought it would be prematute to fix upon any particular spot, or even upon the form of the monument nsolf; until, horn the amount of the subscriptions. it could be ascer tained, whether we could area only a statue, or • stupendous pillar, like that of frajan at Rome. General Money ohserved, that to adjourn the meeting was strangliu.g proposition in the era die t—that they stood p.z..,Aed to do s imeshing • that the honour of the county stood implicated and that what he proposed was a credit to them selves and a just tribute due to the merit of our de parted countryman; and that every man w aid proud to see the pillar when ereCted, and feel a or cret satislanion. that he had subscribrd - to cards h The lints. Colonel Wod house then moved, i arni'enin , erit ;if Mr. f%umpere's oration, That a subscription be immedeately opened, t provide a sufficient fund for the expences of such Monument. • That the Committee consist of the following N. bleroen and Gentlemen Lord Ltemenat the High Acrid - , Lord Bayning, Lord Wou house, Colonel idarbord. Colonel W.‘clehou.e, Jacob Needy Astley, Ad. P. Sir Roger Kernso Thomas William Coke, Esq. M. Y. General Money, the Mayer in Norwich. 1 Lents= Colonel Paters n, M. P. John Kerney P. e. Colonel Preston, Lieutenant-Colonel Gin • Lieutenant Colonel Harvey. tle atterwAtos mos. several o her 'a-solutions, which. atter a .me ec versauon were agreed to. Th of lAA night contains Cantatalat Addresses to His M•itsry upon the lava Riot: victory off Trafalgar, from the City 4 CO , It City of Flintshir , , County of Sot ampcnn, l'own of Wekingharn, Collin& a Al deen, and the Presbytery of Kolcsidhnght A Deputation from the Committta apwsintei search for preced.r.itia and 'ern% tit it enquiries relative to the rights and p-is ile x es cif LORD M .•olt, within ihe city of L. 0140 *. upon the Rit , r 'Thames. warred yests: u Lord Hawassat.e v. to consult sA Lir • upon the arrangement tne tonna' plus:ewe the latneotcd Lord Nas.e.4. I