The British Press; or, Morning Literary Advertiser. — London, England, 1804-11-20 00:00:00

~~ . ELECTION OF A SCOTCH PEER. We stated yesterday, that on Wednesday came on, at Holyroodhouse, the elation of •a Peer to re present the Peerage of Scotland in Parliament, in ' room of the Marqiiis of Tweedale, deceasA --that the Candidates were the Earl of Lauderdale, and the Earl of Kellie, and thafthe titter was eleeted.— We are now viable(' to add the following particulars: The Earl of Kellie was chosen by a considerable majority, having 32 votes, and the Earl of Lau derdale, 20. Deputies of the Lord R:gister•-iJaines Ferric and James Walker Eccon Chaplains of the Chapel Royal--Ors. Grieve and Moncton. present—Farb of Morton, Eglintono, Dome ' L sal -I.liis•, Dalhousie', A boyno. Srmple, Blusityrir•, Elob.ink, Belliaveis•, Rollo, and Kin uairde. proximi---P.ince of Wales*, and Duke of Roxburgh•-c. I A of Lauderdale. Earl of Errol--Earl of Kellie. Signed Lists—Dukes of Ruccleueh, Leionox• ' Gordon, Quer iicberrv, Athole, and Mentruce. Earl* of Crawford, Caithitevir, "Casollic•, Morav, Strathmore, Abercorne, Had dilution, Galloway •, Northesk •, ll.durras, Duodenal& Kin oine•, Bieadalbane• Dpattlfrd, Stair', Glugow, l'ortinore, fluperoun ' and Derkwain. VIWOUNW F.lkLuid, Arbuthnot, and Duriblatico. Linda Earboe, Cathcart, Torphicheno, Na pier, Rea, , and Kirkcudbright. Tooce marked • voted fur the Earl of Lauderdale. The Etrl of LAUDERDALE shortly addressed their Lordships. fie said, that .titholigh he did not mean to protest'against those Nohlt, Lords who had been created British Peers from voting on this occasion, yet his opinion was still th- same as formerly, that their doing so was an infringement on the independ ence of Sous Peers. The Earl of MORTON. in reply, said, that the qitestion alluded to by the Noble Earl had been de (Aft! in the House of Lords, the proper place for deciding this question, in favour of British Peers voting in the eleftion of the representative Peers of Scotland ; and that he came there accordingly tb c :ffrice this privilege, which he considered himself raided to, being born a Scots Peer. Lords Kum AIRD and SEMPLL supported the opt eon of the Earl of Lauderdale. Their Lordships were attended by James Ferrier and James Walker, Esqrs. two of the principal Clerks of Session, as depi'ies of tho l.nrd Clerk Re gister ; the Rev. l)rs. Grieve and Johnston, two of Hs Majesty's Chaplains, and the other proper of . firers. A numerous assemblage of ladies and gen tlemen were present on the occasion. M CRAWS, formerly member ef the Constituent Assembly, died at Paris oh the 2d of Novembert he bid broken his leg about two months ago, and had 'ever entirely recovered from the accident. Excellent printing paper has recently been ma i itifaelured fn America from mulberry roots, and ags made of Goma bark. WILLIAM VISES( Mt, set Kos, Esq. late of Gray's nn-square, is appointed Chief Justice of the Ikt ama Islands, in :lie room of Moses FRANKS, Esq. csigned. Accounts from Malaga, of the 23d ult. state, hat the contagion there had entirely ceased, and that usual communications had been re-established. The Imperial Coronation of the Corsican Usurper Ste.; for the 9th of December. The be•riessi ENVOY in America has written a g answer to the attack lately made upon him by r. J ACCSOM, the Editor of an American News. ~i ,~ T;e . re is already 5001. subscribed by the Nobility d Gentry of Norfolk, for the purpose of supporting a lifie.beat, on the most eligible par the North E ist Cc .st of Norfolk. The following pleas:ng extraft is dated from rin and the Victerm. ell Cape St. Sebastian, OS 14 : "The superlative condition of health which the iefv-y's crew enjoys, alter an eighteen months' Mite, forms a new era in the naval history of health. icr s".,:[ list, for several months p.ist, ha fluiluated rom six to eigh in number ; a circumstance which verbal's cannot be equalled, and we are certain not in-passed, in the records of nautical medicine : in deed, this inestimable blessing is abundantly extend . to the whole fleet, as health and happineu and. ate the breast of every brave tat in the squash , rte. 'here has lately been an earthquake in the Ba of 11meira, which so allowed up a part of the tos fit of 2t name, and a number of the inhabitants." It is now stated, Elsa Louisiana is to be c e d e d back to Spun , upon cond;tion of the latteg giving isp to the United States the Floridas in e &change, and paying a sum of money. How far this new pro positi..n may ultimately meet with the app. o4ation of both parties we cannot at present decide; hut there seems greats 1!%!“,11 to believe th:',t the differ ences between the United States am . / Spain will at length be am:cahly set 4 d. &Aar, of 98 guns, whir:h went nut of Portsmouth-3u.k on Saturday awning, was yes terday, by most wonderful exertion, coppered in the unprecedented short time of six hours, by only ten companies of shipwrights. When His Maecsry was at this place ii. 1793. the Mare of Ifldea, of the time rate, was cuppered by • sixteen companies of artificers, in 9 hours, and which was thea deemed a most extrantdinary effort. • A Court-martial was held on Saturday, at Ports mouth, ins Lieu:. Joan KNEES!, AW, for the loss ou the Grurßiana cutter, near Harfleur. '1 he Court of opinion that the conduct of Lieut. KNEE. I' 4w and his crew was highly meritorious. and n•ijudged them to be acquitted. Afterwards a -ur:-maitial was held on Lieutenant GilfflTH, Vie wt.?, for irregular and unolficer-like condo k, in absenting himself from his duty, beyond his leave. He was sentenced to be dismissed from His MAJESTY'S ship Acalta, and put at the bottom of the List of Lieutenants. The following is a cot-reel 2eCOMIE of the lading of the Spanish frigate Alma, of which the specie has arrived in Loodan, and the other part of the Cargo . bas been stored at Gosport f-1•776 seal skins; slut buffalo bides ; 2'J9 pigs of tin; Yd planks of wood ; S cases containing an altar for a church, made of the most beautiful pearl shells, a previa from ecru to the King ..f Srain ; 3 cases of china : I box 01 furs; I bundle of furs; 2 cases, contents unkni.wii ; I bale, contents t.r.kuoarii ; 1 bundle of matting; 2 casks of clove.; 10 bales of hair; 213 boxes, Eo3' "'reng 3000 dollars each; 9 boxes containing 3000 dotiskiens each; 34 bags. containing SiO dollars each. The pay of the iifficers f the :vanish fri gates here, and at Plymouth, is orilned to be con tatutsfi to them. LAW: ,/1 COURT OF KING'. BENCH, Wasvmngsvai, Na•. It. TIM RING V. JOHN SOUTHERTONr. The ATTORN E Y GENERAL moled for the Surlg ment of the Coutt upon the Defendant in this Cause. Mr: Bentioectis, on behalf of the Defendant, moved an arrest of Judgment. The canseewas tried, at the last assizes for Somersetsbire, and the Def eidant was convieled of defrauding the revenue, der. in receiving a sum of money for the purpose of suppressing a proseentiou instituted against certain persons for selling medicines, without the usual stamp duty, pursuant to Aft of Parliament. The Learned Counsel stated that the information conk taired fifteen counts, on the three first of 'which the Defendant had been acquitted; but found guilty on the remainder. The first count charged that the Defendant, wickedly and corruptly intending to de fraud His Majesty's revenue, and to the great injury of Ills Majesty's subjeels, did send a letter to Mr. Allen, stating, that he was obliged to prosecute the said Wm. Allen for selling medicines without stamps, and wotdd, if he pleased, stop such proceed. ings upon certain terms ; and charging that the said letter was written with intent to extort money from the said William Allen. The next count stated another letter, threatening a prosecution for selling Friar's Balsam without a stamp, unless he should he paid a suns of ten guineas. The fourth count stated the sang letter, &reefed to William and Richard Allen. 11z then coneended that this was not a legal charge, on which the indielment could be sustained, in as much as the misdemeanor, on the part of the vender of the medicine, as expressed by the Alf of Parliament, was not sudiciently stated by the allegation in the indictment. The Cpurt granted a Rule to shew cause, and in tKe mean time the Defendant was committed to the King's Bench. rue KIND v. *ostler CLION , Esq. • Mr. Emotes,: moved to make the Male in this cause absolute, the particulars of which were giver. in our Paper of the Bth inst. Mr. An ANt shewed cause against this rule; he stated, he had an affidavit in answer to that on which the Rule was originally gr.nted—but, be fore it was read, he thougee it neeessery to make some observations to the Court, in order that it might the better be understoo J. Lord Deraley's affidavit, in the first plater, went back to transac tions of five or six years ago ; and also to a trens a.eion in the year D3ol, w Leh shewed that there was some old misunderstandi ng between these par ties. His Lordship farther referred to some letters from Mr. Bligh, upon whi c h Lord Darnley had ob tained a Rule for a Criminal Information: but the parties afterwards agree sl to leave it to a reference ; and, by the interventio a of friends, the - matter was adjusted, and the Rut R was not nude Absolute. In his Lordship's alfilerit, he cnnne'led those several transaftions of dill; tent periods with the present charge. Mr. BliF affidavit drew a line between those several tea , reiftions, and stated, that, until the month of O.fobcr last, he had no interference whatever with Lord Darnley , since their former disagreement. He then teal Mr. 'ILO's aaidavit, by which it at speared, diet, at the time he wrote the letters allude A to, an], in consequence of the appli cation fur a Criminal Information against him, lie sent his be her.in-law, Lord Roden, to explain and apologise upon that occasion—that ever since dist time, he carefully avoided every possible intercourse with Lo td Darnley, until the month of October last, when 'ne saw ',old and Lady Darnley at Bright helmrione ; he immediately left that place, and went to E Astbourn-, and from thence, on his way to Lor eron, lie stopped at Ucktield, to change horses, an , / there met Lend Darnley, while be was standing at the door, not meaning to g;ve any offence, or landing in any particular position for that purpose ; 'his Lordship came down stairs, and in an arrogant and insulting manner, called out, " %Vied, not yet out of the way!" he then rushed out with great vie. knee, and struck Mr. B. on the sunk, upon which he drew back. Some words ensued, and he pushed his Lordship from him. Ilse affidavit further stated, that his meeting with Lord Darnley, at that time, was woolly unsought for, and accidental, and with out any intention whetever, on his part, of provok ing _a challenge. Mr. ADAM then observed, that Mr. Bligh was very willing to leave the metier to be referred to the interkrence of friends. The whole was a misconception of Lord Darnley's, and he exceedingly regretted, that family affairs should be brought be fore the Court. From the whole of Mr. Bligh's con. duet, it did not appear that the assault was of etch a nature as to provoke a-challenge. He therefore hoped the Court would not interte: e, bet leave the whole matter to the intervention of friends, who, he trusted, would be able to restore a good under. standing between the parties. Lord Es eowso no ter ti asked, if a proper recog nisance, with sufficient sureties, which would secure the peace of Lord Darnley, would answer the in tention of the parties? Upon which, Mr. ADAM said, he would consult his Client, and the Court AC. cordingly enlarged the Rule until some arrange ment sauuld take place. TIM KING C. SAMUEL LAVONIC,3OIIN 111:88AINE AND rot' k f :AWNS. Those lkfendants were brought up to receive the judgment of the Court, for an assault upon Jonathan Robson, a searcher of leather, and obstructing him in the discharge of his duty. This was a prosecution instituted by the City of Gordon, for the purpose of preventing the obstrue tmn of searchers of leather in Lvadenhall Market. The five latter Defendants had marred Judgment to go against them by default ; but Samuel Lafone took defence to the Aftwn, which was tried at Guild hall, the Sittings after lag Term ; we gave a report of it, in our Paper of the 6th of J u ly l as t. The Defendant Leone, who was a resident ol Liverpool, was in Leadcnhall Market along with efr other D.SenJants, when Robson and some other ()Seers attempted to seize a parcel of leather ' which was not properly manafaau r ed ; b u t, by t h e kter fereace of Lafone, who eacouraged the other 1)e -fendants to resist them they were prevented, sad Robson was assaulted. Upon this charge Lafone was convitled. %h. GARsow. on the part of the five persons wh had suffere.i J.I i ;mem by default, inov:d the Coo.: that they aught bit at li:verty to go helots the Mal. I , T .. .. , , ter, aid make such pecuniary remuncratka to the partie, Ai the Mister should appoint. Mr. Glans, oil the part of the prosecution, male nn nhjeaiiin to this arrangement, stating that the objiAtt o! the City had been answered, aad that was all he reouired of them. —• Mr. EftsKm! then applied on the part of Mr. Lafone, that he also might be at liberty to go before the Master; be stated, that this Gentleman's chit raaer and conduct were so universally upright. and so exemplary, lie was sure their Lordships would be induced to interfere with his friend, Mr. Gips', to forego any further idea of punishment. Lord ELLEsinonotioss" His concha}, as found by the Jury, was such as is highly reprehensible : the whole was a sort of conspiracy, of which he ap peared to be the leader, against the leather search ers, to prevent their doing their duty to the public. I don't know how I can dispense with reading the Report, on which I will have to consult my brethren." llis Lordship then read the Report of the trial, the particulars of which we have laid before our readers, as already mentioned. Several atfidavits, not less than between twenty and thirty, were read on behalf of the Defendant ; the most of which were sworn, by persons of the highest credit and respeCtability in Liverpool, mostly magistrates, some of whom had served the oilize of Mayor, and all of whom united in giving the De fendant a most excellent charader. From their personal knowledge of him for many years, they stated him to be a man of exemplar'y manners, Cor belling temper, moderate, of religious habits, never addicted to swearing, or inclined to a breach of the peace, never quarrelsome, and, except in the pre sent instance, never accused of any improper violence of conditd. The Defendant's own affidavit was then read ; he stated, that he had come up from Liverpool to London at a very great eyence, solely upon this busi , ie,s, that he had subscribed from his private purse the sum of fifty guineas towards defraying the expenses of a voonneer regiment at Live' pool ; that he had a wife and eleven children ; and that he had not any peseon who could condua his business, but himself; and, should he be confined, it would be a means of great loss to him and his family. Mr. ERSKINE expressed. great anxiety that the Court would allaw him to be put upon the tooting of the other Defendants, and to go before the master; and Mr. Gins, on the part of the prosecu tion, admitted, that the object of the city had been answered ; but, should he accede to the Defendant's going before tl'e master, he was very much afraid,- that an opinion might go abroad into the world, which would he very injurious to public justice, and defeat its end:. There was a very great difficulty in finding out the name of the Defendant. All his witnesses admitted he had declared he had aaed in the same way, in his own market, at Liverpool: his friends had also refused to communicate his nam-, and took great pains to conceal his place of residence. 11i5 guilt had been greatly exaggerated by his being a stranger, and onconneaed wall the interests of the market. However, the city were not at all desirous of a severe punishrneist, and would perhaps be satisfied with a much sighter one than tee Court might think it necessary to pro nounce. 'lbeDefendant was then committed to the King's Bench. and ordered to be again bruught up on SA turtLey next. TM/ LIMO V. Pilll.lllC. This rule was enlarged until the first city of next term, by consent. At one o'clock, Lord Eccticeonovait sat at Peir4, when the two following causes were tried, and several undefended ones decided : WM. as. Ace V. CUT. IPA TRIC Ilusur• This was an aftion for an ;swat ant false im prisnenstmt. It appeared that the Defendant was Captain of the naie M mouse East Indiaman, and the Plain tiff had been his Cook upon a voyage to Madras, in the year 1801. Whiie the ship was lying off the Mother Bank, from some complaint made to the Defendant, he caused the Plaintiff to be put in irons, and confined during a whole night ; and n:xt morning released him without assigning any reason for what he hal donr. Soon after he sailed for the East Indies, and nothing farther occurred until they got into the Madras Roads; while lying there, the Defendant gave orders to have a goose dressed sa vnury, and highly seasoned with sage and onions, &c. which was accordingly done ; but the next morning he set.: for the Plaintiff to come to his cabin, and when he got him there, he brat him in a most violent manner, cut his mouth, and otherwise bruised and beat various parts of his limbs and body; at the same time, as one of the Witnesses stated, using mist opprobrious language, d —t his eternal eyes, and swearing he would hazard his life upon him. Mr. Essaiwe, who ststed the Plaintiff's case, ob served upon the due regard which shoiild be paid to the discipline on board ships of this kind, which, unless properly kept up, the trade and navigation of the country must necessney be injured; but he contended, that nothing tended to destroy that dis cipline, more than the violent conduit of surwrior otliern, ia the brutal exercise of that command which was entrusted to them. Mr. ADA 64, on the part of the Defindant, made a very able address to the Jury, in which lie fully co incided with the sentiments of his learned friend, Mr. Esse:me, on the subjeCt of preserving subor dination and discipline upon such long voyages as the Delentiant Wilt accustrinied to make. Ile then adverted to the evidence as given by one of the wit nesses,g whose deportment wa s no elkl to et h er correct; e and ob s erved. that the verdift chi* tided upon the credit which the jury s h o uld b e i nc ' r fled to give to those witnesses, which, in this case, he conceived to be extremely doubtful. The Defendant pleaded no justification, which he might have done, nor did he examine witnesses, but left the whole to be de cided by the verdict of tile jury. Lord Er.ssuosanotmit observed to the Jury, that thefaa of the assault being uncolitroverted by any evi dence on he p mot the Defendant, however doubtful the general evidence of the witnesses might be, they were bound to find a verdiet for the Plaintiff; but he ca ul.l rot suppose, that any man of a common liberal elucation, much less a man of the Def-nd ant's nation in life, could Slake use of exprev.ioni of the brutal import of the words put into the mouth I , 4 16 '4 ,A.WI 4 of this Captain ; upon this part of the evidence could not help saying, it appeared that the tale h: been coloured, and highly varnished. 'rile Jury retired for annat twenty minutes ; aft which they returned a Verdi.% of 501. damages f the Plaintiff. RANSOLPH S. STEELE. This anion was for money laid out and expmded. Mr. GA snow stated the case of the Plaintiff, who, he s tid, was a respectable Attorney, residing at Bath, and the Defendant was a Captain in the army. who, having gone to that place, was arrested for debt ; and being :in utter stranger, without money or friends, the Plaintiff tank compassion on him. and prevailed upon a friend of his own (Colonel Ogle) to join him in giving hail to the Sheriff, up on the promise of the Defendant to put in Lail at bar wh he should go to town, to which he was repeatedly?! advised, but negleaed to do. Proceedings were fit consequence had upon the bail hood, a i taimic all &lice ; and the debt, which was originally but 4sl. odd, was increased to the sum of 1341. 3s. 5.1. which sum the Plaintiff was under the necessity of out t his own pocket. T:ii, statement was corroborated by the cei of Colonel Ogle and Mr. Bachelor, the azto, who had commenced the original suit against Steele, and afterward: had prosecuted their" ings on the bail bond. On the part of the Defendant, Colonel brother, and one Piskworth, were prod former stated, that his brother, the D 0 _ a bill of 1001. to the Plaintiff to get discounte4 fc the purpose of paying his debt, and els.) a gratuit of 201. for himsei, as a remuneration for his:trot& in transafing the business ; the balance of Mi. hi the witness, received from the .Plaintiff, who. the same time, told him his brother had rewarck_ him very handsomely for his trouble. Pickworth also stated several conversations - he had with the Plaintiff, relative to the busi who always acknowledged he had received sum from the Dtifenclaut. ---- i Mr. er A kkOW 1/I.ltie a very able speech to evi. l dente; and Lord EL LEN 110 SIOL:G11 gave a short chars,: to the dark, in which h e ob serve d, t h there was no contradidion 'the %alimony of , I . Colonel Ogle and that of the last swilness:s. LLB• The Jury, without hesitation, found a Verdi for the Defendant. —......._ COMMot4 PLEAS. Off•• Andrew M'Mahon, Esq. prisoner in Newgate, was brought into Court, under the Lewes' Aid.' He stated in person to the Court, that he did not intend to take the benefit of that Aa ; and tbat his. reatan for serving the notice to that cite on opposite party With because he found it a possible for a poor debtor as he was, to hir: brought up in any other w a y. He then • be biipl4 been bred to the profession of the law, an h ad Watt ' a barrister in Ireland for fourteen years, and *es now of sufficient standing to be called to tie English liar ; that he had be en man y years ma r r i e d to h a d, King, widow of Si r Anthony King, whose near r lation, Mrs. Malvillion, dying, she became, as 1 I kin, entitled to a very considerable lam about which there no Wag a very. heves" wit pending, in Dodoes Commons, and the error expence of it had reduced him to the situati which he now stood ; he did not wish, by being charged hum the execution, by virtue of which lit was now confined, to avoid paying the money to poor woman, the Plaintiff, as he acknowleig was fairly due by his wife, she having rid- o.ote t. lodge,' in her house; but that she ashottld take and better security, than the confineabent of his per • son. The security of an eminent bank.. au the city had been offered, and the refusal was to hi,. an ex traordinary circumstance. He did not know where .t poor woman like the Plaintiff could possibly. _ • money to persecute him in the manner site had; , less it was advanced to her by those to whine would be very convenient that he should remain ia to custody. il Sir J AMES MANSFIELD asked what fad he had SE.SEe to the Court, to induce them to set aside the execution, and discharge him from confin. mein ? Mr. M.Malion ausweied, thefe had been two evil ecutions issued out against him : the first was • stied three weeks after the Holy Trinity. but th had been withdrawn, and he never since could ti out what had become of it; but a few Li.,ys ago a fresh one was lodged. lie then moved his ship that the Attorney should not be allowed to • sue one execution, and on application to set it • for irregularity, to issue another. • Sir J• mss MANS! [LLD said, he did not compre. bend how he was situated, but advised aim to lay his papers before Counsel, and let liken state to this Court to-marrow, by affidavit, how Mr. M.Mal hon was situated. "If," added Sir JAMES, " we sa redress you in any way the law allows, we will ; b I would advise you to make up your mind wheth you will come up under the Lords' Ad, or de; on setting aside the execution; it you c-nse u under the Lords' A n to receive the sixotoices, you acknowledge the validity of the executiou." POLICE. SOW-ST REST. A numerous gang of villains !...sve, f o r soma nine past, mail. a pra;lice of estorteng money t.o gentlemen, unde r a threat o f c h arg i ng them weill cL•rtain abominable crime; and, an order the snore enectually to enforce their demands and tend) , the , party whom they tiled upon as the object of pluesda pretended to be !I 'w-street Officers. On e ge ntlWA man, who had been attacked by them, gave iieforoeil atioa of the transadfoat at Buwat: eet. when suck means were adopted as led to the appiehension of three of thi, banditti, and of their ackhowledg en Ist of having teceived the sum of 151. from the gentle. man alluded to, who, yesterday, appointed to meet threat for the perpose of answering some turthrr de., mind they made upon hitt) s when he gave them a draft fur 2501. and brouglt them in a coach fte the Strand, whete proper &ricers were stationed to ap pr. hem' them. Yesterday they wet e examined be tote Sir lttcuaao Foau and Mr. ;..;liatiaid, and committed for a further hearing. On Thursday se'uniglat, as Mr. C. Wools, of Pump, near I lalif.ar, was returning home, he: fell down the steps leading to his house, and traaured his scull so drea,lfully, that be expired on dap Svc day following. r ~~ 1