The British Press; or, Morning Literary Advertiser. — London, England, 1805-03-04 00:00:00

I 7Hx, n TSSION. . - A NEW BALLAD, ware* rm oblidreing in the House, after enulie wing Va,tets , otaddritinal Taxes, that tic begged [anion m at , " Unint .ntitariaVOmission." At a carotin Great Hotiget., Where a Premiet, of cootie, Sat etch sex and conditiud; In ryas of contrivance, Ile found in Inci finance, A quite " Unintended ()mission." Tol de rol. " Your pardon," quoth he. " granted," •aid we; " Aud, for onet, you'll meet no opposition ; " Since if poor horses backs " Mud bear double tax, " Be ivied we'd prefer ' an Omission.' Tol de rol. " And as you discourage 44 Fresh 1,111 to our porridge, " Lit taxes that need no addition, " Each how ewife ntwit wish " To season her dish " Under favour of such an ' Omission' Tot de rot. " But if, is default " Of mere common salt, " The Mac Cornets in letiuisition, " Let the Wits of tht d.) " rich . talents display, And propose to encore the' Omission' Tol de rul. " Yet while on our lene•s " To frienttr, fair, or betters, " On basiatsv, love, or petition', " 'flit charge br. sr ememe " It trebles caprices, " W. fear, but too malty Omissions,' Tel dis " Then as we are tieing, " Were always a giaing, Or with or w tthaut our permission, " At lest ler the rave " lio.ne benefit base, " And the legacy tax an Oinistion' Tel de rel. " Sall, it seems, you contrive " That some forks should throve, " Tho• other, lose all acquisition ; " For the dutiel on wine " You'll never resign, " Which the public may feel an Omission.• r' • T.it de rel. " Now !Mna my story, • " By Wing, or by Tory, " Bs scanted with union disquisition ; " But airy true Briton " Its right meaning hit on, " Nor of loyalty call it Omission.' Y ut de rol. " And should Bonaparte " For (Nd ~inland start, w May hit myrmidons ne'er find admission " Where Freedom can sing, " Helier ' nod save the Ring; " And bit sistnete. without o•te Ondstion."' Tul de vol. King Georr for ever! Babe, LinceimAirs TILE RISIIOP OF RAPHOE. This venerable Prelate died on the 22.1 last, in the 9Sd year of his age, at his seat at Wiphoe, in the county of Donegal, in the North of Ireland. Ile Was the father of Admiral Witirsisso, who assumed that surname in compliance wick the will of the hate Mr. WHITSIIID, of Old Burlington-street, who be. gneathed to him all his fortune. His Lcrdship, we understand, will be succeeded by the Reverend Doc tor BATIIVISI. COURT MARTIAL. We stated on Saturday, that the Court Martial on Lieutenant-Colonel J 01414s -cop( sat the day preceding at the Royal College, Chelsea, to inquire into the charges brought against him by Major GORDON. There are four charges of a very serious nature, par• titularly the two first, which are eonnefled and blended together. The first charge stateJ, that Col. Jons:vron detained the money which was for the siibiistence and pay of the regiment, in the hands of the deputy Paymaster General, for his own use, at the same time well knowing the men were in great tram of it, •tad were maintained by their officers, who made every effort, both by advancing money and ebtainini credit, to keep them quiet, and pre vent a mutiny, which eventually took place. The second farther states the detention of the pay, and particularly of the detention of 1421. alleged w be due ti, him for cloth for the officers, although he knew the accounts of the regiment were in a very embarrassed state, for want of money, and of course must leave known tr.is stoppage would make them still snore so. lie is also charged with asserting a I,:Boni relative to the pay, knowing it to be such, de'ogatory to the charaAer of a gentleman and an arm% The whole of Saturday was taken up in hearing the evidence of Major Goitons to the first and se cond charges; but we should not be justifiable in publishing it pending the trial. There arc besides other witnesses still to be examined to these ch4rges, and Major Got:twit has to undergo a cross examin ation, which Colonel Jo ittss rots stated would at least take up art entire day At thriur o'clock the Court adjourned until morrow. The following is a corree list of the Members composing the Court : rl of I ARRINGTON, I'll-14.0t General Ctaig, emlonel Lieutenant-Ckner.al B arris, C..1..nel Johns'oti, • Major G.•neral Whitelorice, • Major G.,n•ral Fifth, LieutlAmot C..lnnol Carr uthers, Lord Southampo.n; I.leuteitant Colonel Wotreoor Sir John it:wart. I.lemenant Col Gladatanes. .Celuuel Paget, • L,eatenant•Cuionet Hay. to- __...smsw--erevevvnew The Duke of Rut t.allo has appointed D'Ewts Cott, Esq. Barrister at Law. to be his Deputy Recorder fa the Borough of Grantham, vacant by %be pruinutiou of Sir TIIONAS M•NNYRS SUTTON. % h..•.._. I LAW INTELLIGENCE. COOK? OF KING'S BENCII, MA Pcn 1. CRIM. cos. OAR ()NCR V. .1 A DIS. Mr. C,MvN opened the plea pings on the part of the Plaintiff; he stated, that the ~!lion was brought against the D feridant, for criminal conversation with the Plaintiff's wife, and the damages were laid at 20,0001. Mr. Easerm e stated the case. He said, the Plaintiff in this case is a Captain in the Royal Navy, and the eldest son of that gallant and meritorious Officer, Admiral Lord Gardner, wh.i, for the great services he had rendered his country, was raised to the Peerage. The Defendant is also a man rf rank and family, being nephew to the Earl of Strathmore. The Plaintiff, in March, 1796, mar ried Miss Maria Elizabeth Adderly, daughter of Mrs. Adderly, who was afterwards the wife of the present Earl of Buckinghamshire. Theceremony was perform ed at Madras, in the East-Indies, when the Earl, then Lord Hobart, was present. Ile said he should call se veral most respectable witnesses, to shew the har mony that subsisted between them for a length of time, when the services of his country did not re quire his absence from her; and such was her appa rent affection for him, that when she would hear of his arrival in any of the ports of this kingdom, she used to throw herself in the mail-coach, as the most ex peditious way of joining him. Early in January ISO% having the command of His Majesty ship the Reselettron, of 74 guns, he returned to Spithead, after being a long time at sea: on the .sth of that month he was joined by Mrs. Gardner, with whom he remained on shore until the 90th, he was then obliged to go to his ship at Portsmouth, and she returned to London, where he had a house for her, suitable to her situation in life. On the 7th of February he finally sailed for the East Indies, and did not return again to this kingdom till about the end of July 1803, when he found Mrs. Gardner in a state (as he was given to understand) of ill health, hut in fad, with child ; he soon after went to sea again, and, on the 9th of December following, she was delivered of a male child, so that it was im possible, from the course of nature, that he could be the father of it. The Learned Counsel concluded his address, by observing, that it would be only wasting the time of the Court and Jury, for him to state the injury the Plaintiff had sustained. The youth and beauty of his wife were not only an orna ment, but a satisfaction to him, of which he was wholly deprived by the arts of the Defendant. Un der the circumstances of the case, it was impossible for him to shew how the acquaintance and intimacy between this Lady and the Defendant commenced, or how it was contrived, but he would prove the at of adultery to the perfect satisfaction of the Court and Jury, Sir Altered Clarke was the first witness examined, for the Plaintiff, by Mr. DAL LA,. He stated, that he was present at the marriage of the Plaintiff with Miss Adderley, which took place in the church of Madras, in the year 1796. He recollected Lord mad Lady Hobart were present ; but, never expell ing to be called upon, on such an occasion as the present, he did not charge his mnrriry particularly; he had frequen: opportunities of seeing the Plaintiff and his wife, and they lived happily together. e " On his cross-examination by Mr. Garisow, he said he did not know the manner of Mrs. Gardner's return to England. She war certainly very young and very handsome ; but he did not know any thing about the Defendant. Susanna Baker dep.oseil that she was own maid to Mrs Gardner in AuguA 1501. She accompa nied her Mistress down to Plymouth, to meet her Master, who was going to the East Indies ; they remained on shore together for about a week, and appeared very fond of each other, at that time.— When the ship sailed, she went with her Mistress en a visit to Mr. and Mrs. Woolsey, at 11, nekton, in Staffordshire; they remained there about three months, the best part of which the Defendant, Mr. Henry Jadis, was a visitor at the honse ; he had frequent opportunities of seeing her Mistress; their bed-rooms were near each other, but she did not observe any thing improper at that time in his con dud towards M:s. Gardner. When they cams to town, her Mistress and the Defendant frequently visited each other, and a correspondence by letter was also carried on between them. Mr. EAST, who examined the witness, was pro ceeding to ask some questions relative to the child ; when Mr. GAR NOW interposed, saying, it was not ne cessary to go into any evidence irrelevant to the pre sent qiiestion. Mr. Easztat replied, that when Bills came into the House of Lords, their Lordships looked very minutely into the proceedings of the Court. Lord Et-seesaw:ousts thought it was not neces• s.try to go into that part of the evidence, and the examination of the witness proceeded. She said, that after their return from Brockton, and before their going to meet the Plaintiff at Ports mouth, she was one day sitting in her mistress's bed chamber, when she came up accompanied by the Defendant, she said she came to look for her fan, and desired the witness to go down and fetch her some broth. On her return with the broth, which she brought as soon as she could warm it, she found them in the drawing room. Immediately after she Went up to the bed-room, and observed that her mistress's bed was much tumbled, and one of the window blinds was down. About Christmas she went with her mistress to Portsmouth, when they remained on bnald the rolution with the Plaintiff for about a month, when is again set sail, and Mrs. Gardner returned to London, accompanied by her brother. She never saw Capt. Gardner until the July following. After Mrs. Gardner's return to town, the Defendant used to visit her constantly at Portugal-street, where she then resided; and she used as ronstantly to retut n his visits, at the Earl of Strathmore's, in Condnit street, when his Lordship's family were out of town. She used to go to dinner, and stay till a very late hour at night ; sometimes it would be four o'clock in the morning when she returned home. When those visits, which were frequent and of long dura tion, took place, the room-door where they sat used always to be locked. She remembered one day, when Lord Hobart, now the Laid of Buckingham shire, called upon her mistress, the Defendant was with her, but before his Lordship came up lie left the • room, and remained concealed in the back dratelng. room, until his Lordship went away. Whets Cap • tails Gardner returned in July 1802, he was very ill. and attended, oil his journey to L. radon, by the doCtor of yhe ship. Mrs Gardner was the in a state of pregnancy, and did nut sleep with her fllllr ter, giving it as a reason that the Joao, had de. sired th , y shonl.l Om? separate. She did net see the Delendanr in her mi.ttess's hed.:nom about that time, but did alternards in South Anciler-street. In December she .vas brought ta bed of the chill now living, a son, and it: about live or six weeks after she saw the Defendant and Mrs. Gardner in bed together. She frequently left her mistress at Lord Strathmore's, where she remained all night, and she received diredtions to meet her next morn- ing about nine o'clock, in one of the adjacent streets. At those times Lord Strathmore's family were out of town. And the Defendant always opened the hall door for her mistress. Upon her cros , --examination by Mr. Gan pow, she said, she never went and found I,er mistress and the Defendant together at Lord Strathmore's. She never saw them together, when either the relations of Captain Gardner, or of her mistress, were pre sent. Captain Edward Caldwell being sworn, stated, that he had been intimately acquainted with the Plaintiff, from his infancy ; he remembered his ap pointment to His Majesty's ship Ruby, and afterwards to the Resolution; he was extremely desirous of seeing him after his return from the East-Indies, having known him so long. He did not think Mrs. Gardner so handsome as most people reckoned her; ad mitted, however, that she was handsome ; they were next door neighbours for some time, and he had seen the Captain and Mrs. G. hundreds of times toge ther; they always appeared to live in great harmony and itifetion • Mrs. Caldwell was in habits of inti macy with M rs. Gardner, and used to have her at all her card-parties, &c. Here the evidence fur the Plaintiff closed. Mr. GA etaow, in stating the case of the Defend ant, observed that he had the misfortune to be Counsel for this unfortunate Defendant ; he knew the case of the Plaintiff had been sufficiently proved, to entitle him to a verdiet, but he knew also that he, addressed himself to an enlightened and human. but discerning Jury, who would not, by giving heavy damages against the Defendant, totally de stroy him. He was well aware, that of late years it was the fashion to give large damages in such cases; he admitted, when a defendant was tound, by every artifice in his power, endeavouring to insinuate himself into the affections of a virtuous and beautiful woman, who was the comfort and happiness of a fond husband; where the adulterer, while in the confidence of the husband, laid snares for debauch ing the wife of his too credulous friend : in such ag gravated cases, the damages could not be too ex emplary ; but he submitted, that the present case Was totally the reverse : the Defendant was a very young man, scarcely of age at the time this act took place; he met a young and beautiful women, left entirely to herself, be found her on a visit to a friend in the country, they had frequent opportuni ties of being together, and at this time his condumt WAS exemplary. On coming to town she resorted to public places ; ht met her at the Opera, and paid her a visit, which she returned ; ll* was therefore placed in a situation. scarcely to be resisted even by men of more prudence and riper years. He did not, however, attempt to make any apology for his conatia, which, he admitted, was highly reprehen. sible : he was a young man of no fortune, and he left the matter entirely with the Jury. There was no question about the pregnancy, Mr. Jadis having admitted' the child to be his own. Lord ELLENNOROUGI4, in an appropriate charge to the Jury, observed, that if there had been a re gular train of artifice for the seduction of this Lady, laid by the Defendant, it would be a case for ex emplary damages; but from the behaviour of tha Lady herself, it appeared she was not very delicate in her condo 1. They would, therefore, consider what damages the Plaintiff ought to have. In answer to a question from one of the Jury, re lative to the circumstances of the Defendant, his Lordship said, it was not the solvency of the party, but the quasi/am of injury sustained by the Plaintiff, which they were to consider. After a short consultation, the Jury returned a Verdict of 10001. damages for the Plaintiff. COURT OF COMMON PLEAS, MARCO 2 . llAte V. CLIME. The Plaintiff, an eminent watchmaker, sued to recover damages for an injury sustained by several watch cases bought of the Defendant for standard gold. which proved to be considerably under the standard. Mr. Hatt employed the Defendant to make twenty-nine gold cases, and the latter sent them home hall.marked, after which the inside work was completed, and the watches were disposed of to dif ferent customers, who returned them wick a com plaint that the cases were not standard gold. On this information, Mr. Han communicated the cir cumstance to the Assay Master, who ordered a new trial of the articles, when the case edges of every watch proved to be fifteen carats less than the stan dard, which, by AR of Parliament, is eighteen car rats link gild, to every pound troy. An ounce of this base gold was stated to be worth no more than twenty shillings, instead of 31. 17s. 9d. and there was an increase of alloy in several other parts of the watch cases. Surprised at the discovery, the Assayer enquired how the articles had received the hall mark ? From the hooks, it appeared they had been assayed in the ordinary manner by Mr. Mar ryott, his preilecenser. The Defendant was sent for to Goldsmiths' Hall, in order to find out how the imposition originated ; and, in answer to the questions put to him. he said, he conceived he had no more to do with his work after it received the Hall mark, and if any fraud had been practised, he could not account for it ; be, however, consented to make Mr. Hart a remuneration far his loss on the occasion, and agreed to settle the transaiftion by the award of a third person; but the ptopositian was not acceded to, and the present asSion was com menced. Sir halt, MA.TiIirIZI.D was of opinion that the Plaintiff had no opportunity of altering the watch cases after they same in his possession. as he em ployed no persons in the finishing who were ac- 7^'IWM (maimed with the case business. The Jury found •:rdia for the Plauniff—Damages l bg," saa'riws - tiEwLyrT V nawt.trT. The Plaintiff an! Ife fe rids r t are brother-% and near neighbours, residing in puller. in Mid-dieser. IThe adion was b-mizr;t to recnser damages fr:r de • famatory words use) by Derendant against the Pla'nt;ff is wife : namely, salting, that she had been e te— bef. ire marriage, and bad afterwards proved unfaithful to herAiushamPs lied. The words were proved to have keen utrer!cl, first, by a female serv ant belonging to the Defendant. who. on being called to account for the concha of this servant. jus tified her expressions. and reoe ited them himself with many aggravations, not only then, but sev:•ral times afterwards. The damages were Ult.{ at 60001. The Defendant had pleaded a justification, which was not gone into. The Jury found a verdizt fur Plaintiff—Damages ;501. SE ‘ll A N'S WACES ItTWI4 IT V. CD NI 1•TIS. its was an anion brought by a sarnr againit the Captain of the Lady Cadlerealt. F.art In/Rima•i, for e9l. 7s. sd. The case in question was, wlie• !: a sailer, having signed articles for 355. in prece. had, if tele was commenced in an intermedive part of the voyage. a net to hails kis oav advanced to 13s. per month, the war price 1111! Court and Jury were of opinion. that according to the usage and custom of the East India Company, he W'S entitled. DUBLIN, irtstoAßT 27. ,1 PRIVATE CORRESPONDENCE. Nothiug particular, with retire& to the Yeomanry. has occurred sir.ce my last. The detachments of cavalry on some particular coast stations (viz. Wex ford, &c.) have been reduced in a slight degree. Another mail robbery has been added to the list of the many that have taken place, in some of tie Southern counties of Ireland. for a considerahle time past. The post-boy conveying the Mail f.nin Clonmell to Cashel, on the Met of the 21th was attacked within two mites of Clonmel, arid robbed of the whole, with which the plunder.rs got clear off. The following singu;ar circumstance occurred lately in the. vicinity cif Wicklow. and parish of Demoglonore, the Reeler where .1 is the Rev. Dr. Edward Ryan, and the Curate, his nephew, the Rev. Mr. Tenison :—Near SOO heads of families. landholders in the patilth (apprehending the loss or the Rector and Citrate, by the Doctor's removal to a more valuable benefice), without the Doctor's knowledge, signed a roll, in which they bound themselves individually to raise their own tythrii, o as to pay him 2001. a-year more than the y ever psi 1 before. They requested, at the same time, the: he would add 1001. of this sum to Mr. Tenison's caw 7, on account of his general condul and diligence in the discharge of his duties. The Doctor che trf , aily complied, and assured them, he was so gratii./ by th;s joint act, that he wnuli not resirrn t t !e pariah of Donoghmore for one of double the value. The Royal Cheshire regiment of Militia, corn. 14, mended by Colamel aIICGWI3ITI4, quarteted es have received orders to march for Maidstrow ao.i ' Tunbridge Wells. The 7Sth regiment, now on its way to the Diawns. will be disembarked at Dover, and march to lilythe Barracks. On its arrival, the 4th regiment neir re move from Shorncliffe to Canterbury. The 75tis, which is 900 strong, is composed entirely of Hign. land. rs. The 4th, which will re/wee from the bar racks, is 1200 strong. We have it from goad authority, it is de!ermined by Lord News RK, that a carriage-rnad to the Lower Assembly Rooms at 134 h shall immediately be made ; and other improvements on his Lordship's eaate in the Lower Town, so long in agitation. will, in the course of a short time, be acclively com menced. A court-martial was held la.t week on board the Salvador del Ahvido, Vice-Admiral Yount), in Ha moaze, on ten seamen of TA Tan:,ant, of 24, for striking the boatswain. -- Lroeset, Esq. Judge Advocate. After a t! ree days trial, three were sentenced to receive 200 lash s, three to receive 100 lashes, and four reprimanded, and sent on board the Tonnant • The Rev. T. O'Reeea, Chaplain to His Royal Highness the Duke of t..:cattasce, and only sort of Mr. O'kecr z, the celebrated dramatic writer, died lately in Jamaica. The deceased was a young gen tleman of considerable talents. His denth is a severe stroke to his unhappy father, and ha, fa lees at a most unfortunate crisis, as he was pi ep.t. in.:: if r the stage, under all the disadvantages of age, idind- • ness, and narrow circumstances, a piece, which his friends espetted nould surpass, in drollery and whim, all his former popular prodations. A few days since several blacks had a friendly • -•-• end of" the ii , meeting at the east end of the town. to celebrate the nativity of DISSA L:llts and independents of St. Do- . mingo. They conducted thente!ves with great de. corum, drank tats in hnmble b:vor age to the pro- sperity of the Kinn and Roy ti. E A MILY. Nrtash _ empire, and downfall of the despot of France, an uninterrupted peace and harmony with the United , States of America, and all nations in amity with Great Britain, and then departed peaceably home. e f ff On Saturday the late Lottery finished dravriog, If I and Tickets And Shares for the Spring Lottery siri3 e be ready for delivery in two or thrs-e days. For the e Scheme, see another part of our Paper d LAST Day's AVM4O.—..The Prize of Five r- Thousand Pounds, N o . 19.408, seal sold in (Ate . 1t Half, one Eighth. and sit Sixteenth Shires, at the w Old Established Offices of HODOLS and Co. 149, w Oxford-street, and 44, St. J thee..- , treet, where td the Tickets and Shares of she New Lo tory will be ie tin Sale in a lew days. )e L ASI My or De WI NO. —The rinit- , lrtwo Tick- ,d et, No. 3,812, entitled to Ono thontand Po t , • c t s , he was sold in two Fourths and Roar ET,hth Shares, he by RIC II A RDSON, GOODLUCS, and who also as sold No. 24,4(7, a Prixe of Ten Thousand Pounds, n _ the previous Drawing-Day, in a Wh tie 'ticket— and tile. 15,299, Self-drawn 'ticket, 1 ive H indred h e Pounds, the second day, in !shares. Tickets aw.l h . Shares fur the State Lottery, to commence drawing May 13, will be on sale early this week ; the Schemes "„) n- may be bad gratis. Lc- va es .o- LL Y,