The British Press; or, Morning Literary Advertiser. — London, England, 1809-11-30 00:00:00

a roluaterre from tLe ; Saanden, slightly ; J. Forster, private marine. ; Caul laua• Doug. Cerm:rl,:wl, Slaiclo, r severely; William ,ite, (actin ory, . , ditto; James Hee to marine, severely ; •ously ; Henry 'L'utr, 1, Slightly; JUJU. mate, ttl ataaaes k ,411. rf en.t,ines, ,Littp-r 7 lea Men• I pr ,t ,t e toaster's mit-, 11 uanues, slugtatll RA I.LOIVELL. the boats, Le. wit next.) PRESS. tea 30. ►vs, son of Lord Ile de Paris, of asg-ship, iu the c:g, id the Ad- Lor(lship. As 'ecir a Bu aetiu, comprising tLe rnt to the Lots ' the Mansion- rum 29 1809. ion in acquaint. have been recei ed the 30th ult. :onvoy, destined sail of the line. r frigates. with ited from Tou. !hole of wint-h, rger and oue of tyed : The line n shore on the by an attack of Imarmi of Lient. the Is; instant. ned in the gal iducted by this d SG wounded. !dient set% ant. bIut.GRAvE. iatches wrought fished IP so Ex a copy is also loss sustuiiied the consequent is also of itent is not so inish papers. It my sailed from consisting of wo smaller fri id store-ships ; of 16 mid of line of battle it convoy ; the attic, and the es and smaller Rear-Admiral y with the Re- I Cumberland. 3 , were still in ued the chase , the Robuste, Leun, 74. on' id uue of the mien to attack r Frontignou ; •hips bad but han SIX ; how next mortong F•--tai tbein- base «hips of atrte (who, on cof them) took moored under off Fort Tri outs. hment of the he Tigre, pro oy those yes. boats or the Torare, :f Lieutenant i the envoy ; vessels thrtta tad musketry *ded in cap rot and sunk, and roar of which, an off-slier' wind springing up, he was enabled to briiii; Nothing could exceed the conduct and gallantry of this enterprioc, in which our loos was Is killed, and 55 wounded, Lieutenant Taitt, of the Volux taire, and Mr. Caldwell, Master's Mate of the it gre, are the only officers killed ; Lieut. Tailour himself only was among the wounded. O: the whole, therefore, of this squadron and convoy, only one of the larger frigatea, which got into Marseilles in the night, and one of the smaller (a store-ship, which has not yet been heard of) have escaped ;,as, altho' the Barre, of 74 guns, and the frigate, got under protection of the batteries at Cette, the Admiral thinks they must go to pieces. Lord Co a LI/IC/WOOD, after detaching eight of his fastest %ailing ships on the above enterprise•, stees,ed a southerly direction, with the remainder of his fleet, :it hopes of falling in with some more of the enemy; taut the remainder of the Toulon fleet continued in port, and his Lordship returned to his station off St. Sebastian, from which the Philuntel, of 18 guus, was dispatched to England, with the lion. Lieutenant WALDSGRAVC. We have received American Papers to the Seth of October, from which we have extracted a Mili tary Order, chewing, that. in consequence of the refusal of the British Government to ratify Mr. Easatisx's arrangement, steps were immediately taken to put the militia upon a footing for active service. It is stated, in letters from America, that the President has referent to recognise or receive the Minister who had arrived there from Spain, as Re presentative of King FEILDINAND. His Excel lency Don Lours de Oats, Minister Pleuipoten tiara• and Envoy Eurierdivary, sailed from Cadiz on the 20th of A ugurt, and arrived at the quarantine ground, at New -York, on the 3d of October. O or uliout the <2.01h of the same month, it was intimated to him, on the part of Mr.MADIsoN, that he would nut be received. It is said, that he had determined, notwithstanding, to remain in America, until Con gress feet, and to take tine sense of that body on this extraordinary step of the Head of the Govern ment. Letters have reached London from Holland to the 19th, and from Emden to the 21st instant. 'Chose from the latter place mention, that several ships had beea seized in the river Ems, laden with British merchantlize but, con,' trruig the precautions employed, we d0u1.4 the accuracy of this account. Capt. WAIDEGRAVE I , who arrived last morning, with dispatches from the Mediterranean, aline hone in the Pillow! brig, of 18 guns. Vxxenss, at his own request, has been appoint ed Governor of Cadiz. The French army in Es traniedura and La Mancha is estimated at 70,000 seen: at Madrid there are about 5000; to the northward, under MA RCIIAMID, 10,000; in Cata lonia and Gerona, unthe A UGEItEAP, 26,000 ; near Burgos. about 10,000; - and in Pant pelona, 5000. The feitlowing are the names of the members of the new ty-crexted executive coutiM of Spain'— The Resident Marvel (Astoria, Grandee ; the Marquis of Humana, Titulu de ; the Marquis of Villa, Gras. dee; Don Juleph Ni %,rcia de la Terre; Don Ito drip Riqmelisse, ranenco Xavier Caro, Doe clubs. Lan de Juana°. The Sarpedon, convoying four transports, having on board the ops belon g ing to th e D u k e o f BRUNSWICILA 1.3, amounting to about sixteen hundred men aripted on the 22d at Guernsey frosts l'ortanioltir ; they were disembarked in the course of the day. The troops formed a motley grnupe, consisting of sharp-shooters, pike-men, ca valr, infantry, &c. iot their various uniforms ;some with arms and accoutrements, others destitute of every military requisite, and their clothes very in different. It is expected that the squadron on the Guern sey station will lie considerably reinforced, on ac count of the imuitber of the enemy's privateers that infest that part of the Channel. Yesterday a Court of Directors was held at the East India-llouse, when Capt. flexor lIALKETT was sworn into the command of the ship Cirencester, consigned to China direct.—The Court adjourned at six o'clock till to-morrow. We usidentond that an information has been filed against Mr. Congers., by the AT-roamer- GorsaltAL, ex !Oda, for au article which appeared some months ago in his Register. The article al luded to is, we believe, one of those in which Mr. Collar:Tr, referring to a mutiny of the local militia, to suppress which, a party of the King's German Legion was called in, speaks of the King's German Legion as being introduced into this country toile, Englishmen. The General Court-Martial, ordered for the trial of four Officers of the 13th Regiineut of Light' Dragoons, is to assemble at Chelsea, this day, at ten o'clock. General CAKTWRIUKT Pre sident. The publication of Mr. C 4,11111101 Statement, which appeared first in Tut GLOB& Newspaper of Monday, ha. put us in possession of some further elucidation of the new course adopted since the re cent changes. The arrangement proposed to Mr. CAPIN I nu, for transferring to the Foreign Depart tncnt the correspondence with military officers tilling a sort of demi-diplomatic missions, in allied coun tries, and, frequently, embracing mutter of georral political relation, kiss been carried into effect under the present Administration. It does not appear, from Mr. CANNING . . statement, that this arrange ment was proposed by hnss ; but there is reason to think that the inconveniencoes produced by the clashing of the business of the War and Foreign Department in this correspondence was frequently complained of, and generally felt and aduiitted by the Cabinet; and therefore, probably, it wrs thought that an arrangeineut, %hie!' would correct it, would he acceptable to Mr. CANNING. as. iu fact, it appears to have been, so far as it went. This is the arrangement, as we find in Mr. Call. WING'S pamphlet, whirl. was purposed to Ma Ma- JesTY, and sanctioned by lii. Royal approbation but was subsequently abandoned for another plan, and again reverted to, but not acted upon. -r-- ., rob sif it i t 4 COVENT-GARDEN THEATRE. Last evening, the performances were The Exile, and Is He a Prince y both of which were gime through in the usual manner. Nothing occurred to interrupt the quiet of the house till near the end of the play, when a fellow, trouble:l with the hoe•p leg cough, Wall taken to Bow-street, whore Ina row plaint was nut so likely to he ribmarous to those arouisd him. After this, several permits, who en deavoured to commence a row, were seized snit carried out. This prompt conduct, on the pat of the police, so intimidated the few desirous of tu, mutt, that they became ,ilent. iq.l almost the whole of the Afterriece was int.. dc . At the con clusion, three cheers for Lord * lunvwcood were the only novelty, and the house 1.-: 1-(1 to peace. DECEMidit 1.451116.V5. The Tyrolean mantle, computed of velvet er cloth, is made is a style of unequallee elqyance ; it berm, at once, a pelisse and mantle, which wraps gracefully a nail the 6gsre, tad hangs in careless ful la over the left arr.'. Ik. .lubilee laaatie also continues mock admired ; pelisses ,re made quite plain, trimmed with gold. The Tyrolesi , I, ris wade °flare arms sq the mantle, with a small plum, t coloured feathers, tomtit the het, ornamented with ter aiidgidd —hats sod bonnets, of various deseriprions, to suit the maalle or pelisse, are windily fazhionahle , direct Turkish tuition, made rat every kind of light tiepin inaterialis are stanch ad mired; the Cakdoniau cap, fur its beauty rod elegance, eteudsuorivalled ; white satin gull c.iiitiiinei nvest elegant, for full dress, ornamented with r • .1. silver, pearle, or wreaths of oak or ivy ; white sad coloured crspe,for ilauciag drcay_s, trimmed in the same wsy as the art in, are very beautiful lltorniag dresses, of plain a., figured cambric, made high, with a cape or tippet of the same, with it •rk or lace iu cried. Cloth dresses are not onfashiumtle —The principal colours are seerlct, purple, claret, and ornage. His islcitsvir thd not c••ase to town yesterday. The Duke of MONTR , 1111; K IM a grated dinner, yesterday, at his bone• in Grosvenor-square, to se veral Noble ll'ersoinwes. The Earl .•f Essi,x is cxpected at his house its Hill-street, Berkele,•-qtlll e, this day, from Cash's°. bury. Viscountess STRAvGI4'HD left Loughborough, on Tuesday last, for her , s .t at Clifton, near Bristol. Sir 1+:01 CncrwirN n arrived, on Tuesday, at Ktanisses [lntel. from Yorkshire. Countess CHOI.OIOf4DELF.Y is expected to leave town, this day, tor SAinoutli, Devonshire ; as the accounts received, yesterday, of Lard Gwyn'''s state of health, were not so favourable as those of the preceding day. Lord Fowl' is expected is town, next week, from Worcestershire. Miss Go ipwriarmy was rather better last night. Sir TotossAl% GAialt returned, yesterday, to his house, in Edward -street, Portman-square, from Rughans Hall, Suffolk. Lord and Lady Kamiwailitti returned, on Tuesday, to their house to Lower Grovesnor-street, front Scotland. His Lordship gave yesterday . grand dinner to their Royal Highnesses the Luke and Dockers of YORK, and several other persons of dis tinction. Dr. Ktruncrun s wh• attended Marquis Lest.ey to Spain, as Pbysiman Extraordinary. and who returned with the Diable Marquis in the Done gal. arrived on ,Monday at his house in Hanover ►q Mae. Sunday last, in the parish chapel of Galway, the Rev. Dr. O'FLywts was consecrated Roman Ca tholic Bishop •f Achnnry, in the roous of the late Right Rev. Dr. LYNCU. MOWS. BARTLIIT and TRUMAN will open the Glasgow Theatre early next month. Mrs. Swoop's has returned to her beautiful cot tage, at Westbsourne, from Southampton. The Duke of Broroan passed tlirough Nor wich last week on a %mot to T. W. Cone, Esq. at Holkhain. The following account of the cost of His present MAJLSTT'S Slats coach. built in the year 1762. may prove acceptable to many of our renders : Cosclinsaker L 1673 15 0 Carle?' 2500 0 0 Gilder 933 14 0 Painter Lammas 737 10 7 Chaser 66s 4 6 Harness-makes Mercer 209 s au; Biti•maker 99 6 6 !Monier 3l 3 4 hisddier Moollea-draper 4 3 6 Corer-maker..... 3 9 6 1.7.:62 4 3i In order that the public may not be deceived by the gross misrepresentations, in some of the Papers of Tuesday last, we have authority to state, that, of the whole of the seven bills found in the Crown Office, one only was for an assault, as well as riot, the rest were against persons for wearing 0. P. in their hats, springing rattles, walking up and down the pit benches, duking, and committing other scenes of riot and disorder. To mislead the incautious, and bring the unwary ender the most serious penalties of the law, appear to be the object of the papers alluded to, of Tues day last ; or why state a gross falsehood, that the whole of the bills rootlet by the Grand In quest, against the rioters in Covent-Garden Theatre, were not for shot offence, but exclusively for as sault? Surely i.uch oracles cannot beam entitled to the thanks of the Gentlemin 0. P.'s, whin it is evident, that they care not how they mislead, it they can but get by it their worth-lw penny! At the Norwich Corn' Market on Saturday, there WAS again a very larre supply of Grain. Barley was in great ablinJauce, hot the greater part was of that ordinary description whirls can obtain but a wry slow aile at low p ries. That of a voei goo ble was worth 21.. soil ve.y prime saion!e: as high as 12s. per coomb. Samples of Wheat were plen tiful, which fetched from 470. to 49t. and very good 6Qs. per coomb. ; 7v. , 111071 11r1 LA' INTELLIOENCIL C )CRT OF KING'S BENCH, Wseruhrrran, Nov ay. Sittgags at Itiesi Prior, before byrti. ELLEtt- soaovou. COVERTUIig. FRANCIS LAMBERT r. 74411THt ♦TKIN/, otkensise AIEULDITH and ANNE ATKINS. This was ah iictioa brought by th.• Plaintiff to recover the amount of a joint bond given to him by the Defendants, to secure the onus of 5001. die debt of a third person. The circumstances of the ease were, that the De fendant, Martha, represented herself et the tune of the signing of the hunt, as a widow, who had mo ney in the funds, iii her own name. The frond wig proved to he executed on the 19th of November, IsoB, by one of the subscrib ing witnesses. In defence, it was set up, that the Defendant Martha, was tinder roverture, she having been 1114 - ried in the year 1790, to James Meredith. This was proved by the Parish Cleik, where the banns were celebrated. A female witness proved that she had seen a man with the Defendant, Martha, slice the execution of the bond, whom she called James Meredith, and her husband ; but, on her cross-examination, she could not say that they had ever cohabited together. or slept in one room, or that they ever dieted too. the r. Lord ELLENBOROUGH left the. facts to the .Im7 fur their consideration, and observed, that if the tieraou,whom the Defendant had called her husband, since the execution of the bond, was the same that she married in the year 1790, it would have been easy for her to have brought forward more sufficient evidence RS to that; but it was a inere (iteration for the Jury to decide on its merits. If they believed him to he the same person, they would give their verdict for the Defendant ; for if one Defendant was exonerated, it had the same effect on the other, as it was a joint bond ; but if they thought other. wise, and that the acknowledgment of a husband, after the bond was executed, was intended to de feat the present action, they would give their ver. diet for the Plaintiff. The Jury, without hesitation, gave a verdict for the Plaiutiff. STEINMAN I% MOSES MAGEIES. Mr. PARC stated this case, and said, it was an action brought on a bill of exchange, to recover 37111. 4s. td. That this case bad been once decid e eft by the Court, and he begged to be understood, that it was now brought in opvnsition to tbat judg ment, hut on new merits. he could prove a com plete fraud, if his instructions were correct. That the Defeudar.t had got a Mr. Garland to go rouud to his creditors, to make a compromise with them, stating, that the Defendant had left the kingdom— but that he, Garland, would give them 10 per cent. for their debt, on condition that they would ale. a relea s e for the remainder, namely, 80 per cent. : this they agreed to, under the impression that the Defendant had left the kingdom : but it now ap p•nred that he never had ; and, instead of his being only able to pay .20 per cent., he was at the time in circumstances competent to pay tos. in the pound. Tii . Learned Counsel contend... J .. if Nuts toe Jury must give a verdict for the Plaintiff; as no court of justice could coun teuan..e such a proceeding. He the!' proceeded to exam:ne witlesiue. Thomas Buruace proved the writing of the De fendant; the bill was drawn by the Defendant in favour of the Plaintiff; and accepted by George Isaacs. Philip Phi'bps proved the acceptance of Geor Isaacs. George Isaacs deposed, that he accepted the bill, but did not pay it, as lie received no value. On his cross-examination, by Mr. Gaaaow, he said, he was in the habit of borrowing acceptances from the Defendant. He accepted the Bill in question at the request of the Plaintiff, as a mere guarantee ag4inst any default of the Defendant, in his payments to the Plaintiff. Mr. GAIIIOW-•••" My Lord, they must prove that the Defendant was served with notice of the hill being dishonoured." Mr. Paac—" Does your Lordship think so ? if you do, we must be nonsuited, as we cannot prove its service." Lord Et.t.Einououult—" Certainly, I think so."_ Mr. PAR 10;" We only came here by proviso ; we will never try it again, so they may as well have a verdict for the Defendant." The Jury, tinder the direction of the Court, gave a verdict for the Defendant. 1111111PUERD U. HUGHES. Thin oat an action to recover the amount of an Attorney's bill, 111. for prosecuting too persons, at Maidstone assizes, whom the Defendant supposed had stolen some of his property. The items in the bill were proved by the Plain tiff's clerk ; and The Jury gave a verdict fur the Plaintiff, 61. ; credit having been given for 51. received on ac count. 71111.,M0s o. WOOD. Mr. PARK stated, that this was an action to re cover the amount of a promissory note, accepted by the Defendant. It appeared in this case. that the Plaintiff lived at Leith, and that the Defendant was a foreman to • cooper, at La m beth.ofthe name of Colq holm. That Collations and the Plinitiff had been flying kites, and that when Colquhoun's name became tea com mon in the market, the PlAinutiseggested to him. that if he could get the Defendant to accept the bills, it would answer much better. The Defendant being an iguoraut man. and not wishing to displease his employer, complied. The bill question was given to P. Phillips, in LAtith, who got it cashed ; but when he, Phillips. tiist saw it, it seal bank ; as there was neither bunt, the person's name, of whom it was drawn in favour, or a date to it; blanks be deg left for them. It sas filled up in favour of Phillips, although the Defendant had 'never been out of London. Mr. ;;settole. who conducted the defence, pro. dueel • "'oral letters from thePlAiiit /Wm Coign /man, :.1:ly proe:il that this bill had been paid by Coltustioun; also iuginring about foreign mail:et*, Hosuburgb. Holland, And Peteriiburgh, as be could send buy queutil of goods there; Leggin; that I . ~:. .v... «~ 4; CoNaomi **aid inquire the price of shop-gon4l's fur if they would answer the continental marko, they could purchase them with bilk That with the last SOUli bill he had purchased a cargo of barley at Yarmouth. and that afield very aell made ye...t. They elso contained a particular charge to Colipi houn to burn his letting. The Learned Cennsel ied; that snug was the word.. Gut, fortunately for Ott poor Client, the letters were not destroyed. Tilt modest Plaintiff, who had tire impudence to brut; ibis action, stopped at 'lathing; although he had not the mint under his contreol. he obtained and cir et:laded notes faster the+ dollars could be - coined. Under these considerations, he trusted his Lord ship would order the Plaiutif to be called. The Plaintiff, under this direction, was accord ingly non•suited. COU&T OF COMMON PLEAS, WtormtmsTrß. Trials at Nisi Prius, before Lord Chief /111.8t1iFIELD. EAVES u. This was an action brought an order to reel-n.lr the place of a• horse, which, being sold by the Lit.- feadasit to the Plaintiff, was by him warrant sound. Upon the 16th DecemGer last the took place at Polten Fair, iu Bedfordshire. Eavr-, the Plaintiff, brought him home, with other liorre., bus property. Very soon after the purchase, lie observed the horse laboured under some disease, as he would nut feed during the journey; three day softer, during which time the horse grew evt dtntly worse, a person, named Lane, whohad been a father upwards of fifty years, was sent for, elm, upon seeing the horse, declared that he was drop sical, and that all his efforts to save him would be unavailing. Lane also mid, the disease could' not be very recent, as the sy roptoms glove assurance of its long statole,g; he, for the satisfaction of the Plaintiff, applied the medicnies, of' which the application was usual in such cases, knowing, at the Santa time, that no cure, nor even any relief, to the animal, could have been the consequence. It appeared, that Mr. Lane was right iu his opinion ; for in a few de: a the horse died. Mr. Law was then sent for; he had examined the horse. end fouinbe great deal of extravarated fluid in his chest; he saw that the longs were grown to the mideiff, a circumstance winch must have bets the yolk of time, and which convinced him. that the dise4 was not even opposed on its progress. He also bbserved, upon the application of a knife he. tween the skin and firth, water poured out. It might have been owing to this miler, which was contained tretween the skin and flesh., that the hone appeared scs k eek and tell at the sale. Upon hni - cross-exeinniation, Lane said, that, at the time of the sale, the horse, though labouritig under this disease, might, for a spurt, hare made a @hew of spirit, so as that the Plaiutiff could be easily deceived by it. Lime, upon the expression of some doubts, as to his professioual knowledge and oppor tunities, said. that he had been educated under the celebrated Bridges, and received lectures on suet,- my from him. Cross, a dealer in dead and live horses, then sta.. ted, that he opened the horse's skin, and water fol lowed the knife; he then cat along the midriff, where he dimuvered the disease : he drew fr.... Si.. %tee* wrafelglit gaTIOG• of water; there were a great many other symptoms of unrouudness iu the horse, amongst which were a number of livid spots, at Clue nsidnri; the pericardium was vastly thicker than it is in a wholesome animal, or in one who was not a long time under the influence of disorder. Mr. Harrison. veterinary surgeon, stated that it was probable this disease might have heel, csntrarted in the space of three days. All the symptoms were not greater than he, upon *mil -1 far occasions, had observed. The disorder might have been occasioned by cold, or over exercise. *erje.ant on the part of the Defend ant, producedmiperson who stated, that he had purchased the•hdreir from Dixes, andivesold it to him about six weeks before January last, in excellent condition, for 35L; a suns considerayy higher than that at which he bad bought it, so mach had the horse improved. Mr. ckli mast, professor of the tl'eterinary College. said, thavit was utterly imposeible the horse coutd base this complaint, as it would be inevitably at tended with a difficulty of hosething, which would - be observable to any person. Such a disease is vastly more rapid in its progress in horses than in the human body ; in the course of 46 hours a mar. tilicatien might be the consequence ; to the former it was otherwise. With respect to the adhesion of the lungs, it was a thing to which the human sub ject was mere liable, mid received more ineonve. Malice from it... Verdi& for the Plaintiff, 361. 19s. NICHOLLS a. HASTINGS. This sneak hction brought to recover damages for an assault, and breaking and entering the house of the Plaintiff, and creating noise and disturbance therein. It appeared, the Plaintiff was indebted to the Defendant in the sum of 41. 16s. ; Plaintiff is an Attorney, and purchased some plants from the Defendant, who made frequent applications for payment. but was always told, at the house of the Defendant, in Alsop-sereet. New-road, that be was not at home; Hastings being exasoerated at SO many disappointments, milled one day, with the determination cot to leave the house without his money ; a servant appeared, and said that his mas ter was busy, arid could not see him; Hastings swore he would not go without payment ; Mr. Nu. cholla then came from the dravriug-ronna, where he had been eirgeged at a game of cribbage with his sister, who was indisposed ; he pushed Halting, from him, upon which Hastings collared, acid , convinced hire that the ploy should not be all his own ; by the assistance of i.ts servant, Nicholls gat loose, sod shoved Hastings oat of the house. Mr. Seijeaut BRIT said, that there Waft no less than five actions of the same sort, to be brought by this Nicholls. against his creditor*. This . man made a tfiede of it ; he *alto thtiabit of irritating those to whim' he owed money, (or the purpose of thirs to commit polio act of sicl.oce, wh ch i disskreealrie as it s:ight appear at fir.it,. ivnu hi be atteodard, e Hal u era tiveeotniequences. If, is this case ' Pt . ltc should happen to succeed. tbe store he got crate debt, the rirher he grew.; he in ight very well bff. tir4 to pre hie sirista (ruin the da rn gee be expected (about Go or 701.) from each of 1 his creditor.. The Luau JUSTICI summed up the - rr-R'777P