The British Press; or, Morning Literary Advertiser. — London, England, 1819-01-08 00:00:00

,‘f Pie t., pity which we humbly tru,t has generally chime• tensed the natives of our Island, lamented over the sufferings of the poor Indian., owing w h om his lot chanced to he cast. Tie sympathised in their griefs, and no doubt detested that ferocious and unrelenting spirit of savage persecution with which the citizens of the United States have never ceased to persecute their less poverfol neighbours. He saw that encroachments were constatitly made on the very limited tracts of land that had yet escaped from the insatiable grasp of their enemies; and as a last resource from the famine and consequent ex tirpation that threatened them, he advised them as • friend to appeal from American rapacity to the justice of the British Cabinet. But there is not one word about war, or an appeal to arms even for their aell-preservation. iVith respect to the irecond charge, the Court acquitted the prisoner of acting as a spy, and though he was found guilty of " aiding, comfort ing, and Owning the enemy," the only proof that he so seted was the evidence of WILLIAM lIAMBLY, who stated that he had learned from some of the Wiens that the prisoner had ad vised them to go to war, and that he was possessed ea ten kegs of powder. flastaLtr also asserted that were it not for the encouragement held out by the prisoner, the Indians would not have gone to wsr. This HOMY is the person whose name is inserted in the first charge, as a mun denounced to the Indians by the prisoner as a dangerous cha racter, and in the third charge, as one of the men whose live+ were said to have been endangered by the conduct of tlw prisoner. Who eats doubt, from these circumstances, that HAMMY was nut .1 es disimerested witWts But even giving him credit for a greater share of morality than we be l.ve him to possess, his evidence, as we collect from ARBUTHNOT'S defence, ought not by the laws a the United States to have been admitted. His evidence is attoget'ser 1‘ hearsay," and as such mi litates against every principle of rational law, but it is also hearsay derived front Winos, who, if themselves were present, would he incompetent Ile witnesses in an American Court of Judicature; and as it was well observed by a Member of the Court, Ito. could the words of a third person be received as testi. molly, who, if present, would be rejected as incompe. tent ? The letters adduced against the prisoner are such as would naturally have beet, written by • mer chant or trader anxious to remove bis property from the seat of war, or by any British subject desirous of having the sufferings of • nation allied to Great Britain submitted to the consideration of his own Government. The powder which Illausse says was in the prisoner's possession, was but a small quantity, altogether incapable of enabling the M clnnis to contend against a well-appointed American anus , an d w a s, in fact, intended solely as an arti cle of trade, bring required by the Indians in their hunting expeditions, and as a wails of immediate protection for themselves, their families, and their cats le, ugninbt individual assailants. To gunpowder for this purpose, the Indians have undoubtedly as much right as the citizens of the United States, and a British subject has as much right as au Ame rican to supply them with it. U pun the whole trial, we cutiscieiniously declare that we do not see the least shadow of evi . lence sufficient to maintain the charges against the prisoner. Nothing is likely to mislead persons unaccustomed to judicial proceedings than the importance of the allega tions charged, and nothing more common thin for such persons to mistake the accusation for proof. We fear, too, that there existed a violent prejudice in the minds of his Judges against Alr. Airturusoe—for nothing else than extreme igno rainr or wilful error could have found him guilty. the whole case, as contained in the official ilo. consents laid before Congress, we have no lirsita. rims iu saying th tt the execution of Mr. Attui.Tit- NOT was a barbarous and wanton stuatma. We shall not now enter into Mr. AmeitirrEa's case, but shall merely state that the Court ut first sen tenced him to be put to death; but having review ed !heir sentence, they subsequently resolved that Is:. should receive stripes on the back, and he eon -hoed to hart! labour for twelve mouths. JACKSON, however, censured the Court for this lenity, and iii the face of the second sentence, put the first in execution. Such • case could never occur but wider martini law. In England, however, such all action woold be held to be 111URDSR. A Dutch Nleil arrived last night with Ripers to theCtli natant. The following sill extracti BRUSIEI.II, JANUARY 2. of the great number of men who were lately arrested, Pio.4 ib..cyrnr impaled to witiiin is out ytt eel t3iiily knows 4 , , the I have been now removed from the Ig., to the Howe r 4 Arrest. Preliminary reci.ellinsr (iitatruriain) is it,... affair is not yet earn) ;uted. h haw ,err askerted, that it will slimily he bralight before the Cool t ct Aasa., tad that it will vxrite :peat setaztina, xa web ou actouut of the wiekeiliti:ss as the fully of the -atoned. DIMUY, nrcraturn 19. Her Haj.otty the Fmpreas t ot lefloothis city the day before yesterday, with the %done :.olemnitirs as gawk 04er at herentraoce. The Royal Faintly, hewer's., did set take leave of their august guest at iloc plea of Heeho c but nreotnpaitiell her to the Palace of Foes:riirkqtrhle, front %hid, 1.14 re the Eaaprera, after the repetition of the meat CO( 4113. l'ApreSki.llP9 of frseothlop (iv both side-, mntinoted 1 , ..0 Jouito-y to Nt. Peterabore Amon.; the hlar.t e.hich Ike ps tett daring her Sto.y wet the 11 , 614:hie of the late QUl.ell 1- oli,o, a! Charadtrtihnrs,, where the deteeaticd Ett‘i the loath of that ineatapatable Pe littera. MADRID, DEC:MIMI 19. It seems certain that the Emperor A:exautler has tnede urgeut r ptesentstions tis unr King in respett la the stair innate wlw cuer h .persed hi foreign countries. Their number amounts to 6,000, among Alma are some of great merit ; soldiers, who, its the war against Bonaparte, shed their blood its defence of Spam. It is hoped that a general memoir. will anon be taken in their fa►our, and that she country will once more relate to its bosun' Muse who arc dear to it, and may still sender it important ser►ices. 11AMBUROH, JANUARY 1. Ismael Gibraltar, the agent of the Pacha of Egypt, is now here. Air-mints from all parts of the North nt7iitian the I:4- commonly tine mild wr:oher. At Elaine's'', so many ships as are now there have uut been area fur min)/ years at this season. STOCKIIIIII,M, DEMISE& 22 Ships srrive here anti sail daily, which, with tS degrees of Lent, is unheard of at Ihis season. The gloomy air, and the want of snow, make the very short days a kind of militia nitrht, exceeding the da►kness during the last great eclipse at 1,. run. The herrinz fishery is much favoured by the mild weather. We have received Paris Papers of Monday last, the 4th instant. Their contents are not impurnint. Wt's• h ive received Germain Pipers to the 2d instant, but their contentb are not of any im portance,. A Flanders 111ai1 has arrived, atth Papers from Bramels to the sth instaut.—The Emperor of RUSIIA set out (ruin Vienna on the 23d last, on his return in St. Petersburgh.—From the Ist January to the 31st December 1818, 803 ships entered the port of Antwerp ; among them were 352 of the Netherlands, 297 English, 31 Aturricans, 29 Swe dish, 27 Danish, 21 French. 22 Hanoveriaiss, &c. A Russian frigate. from Arclihugel, has arrived in the Texel. The Notional hatelligetteer saye-- ,, We under stand that on the 20th of October, the day before he lately left London on his return to Paris, Mr. GALLATIN. in conjunction with Mr. RUSII. signed • Treaty between the United States and Great Bri tain. which had just been concluded by those Gentlemen, with Plenipotentiaries 011 the part of Great Britain ; but we do not learn that any copy of this Treaty has yet been received." The Neto York Caugie of the loth ult. copying the above, adds, " we have sects a letter from a Member of Congress, a hich states, that the Treaty lately made with Great Britain Is to last ten years. Particu lars not known." There is also an article in the Washington Papers of the 7th of December. to the some effect, and it is observed also, that the Treaty will probably " pass the ordeal of the Se nate during the present Session of Congress." LINEN TRADE.-1t would appear, from the fol lowing statement of the quantity of Linen shipped during the last week fioni Belfast, that the Ameri can-markets, which have been lately represented in in • dull state, have revived, as to that manufacture, which is pleasing to observe, as the Linen Trade is of such vast ituportance to the interests of Ire land Philadelphia 115,470 Yards. Nrw Yea 43,894) Jalousie& Livrepeal 99,250 Glasgow . 50,420 Tulal Yards.... 383,350 Suppoued value, at 18d. per yaul, 24,7591. 13.. (Cosh latelleiptneer) Extract of a letter from RICIIARD ALLEN. Esq. British Consul General and Agent to Lloyd's, at Corwin', dated 19th December, 1818 :—" By ad vice firm Vigo of the 17th inst. au Insurgent cor vette, commanded by the well-known AI.UEIDA, had been cruising off that harbow for four days, and captured and sunk several coasting vessels. On the 15th she took a Spanish schooner, flout Co runna to Ilavatinah, and armed her with four guns, and she e; now cruising with her." The Emperor of AUSTRIA has conferred the Grand Cross of the Order of Leopold on Sir G. MuRRAY, Quarter-Master-General of the English Coat wg.nt of the late Army of Occupation. Mr. lto. who has retired from the situation of Chairman of the Board of Customs, was previously a Commi.sioner for auditing the public accounts of the kingdom, and Sir ARTHUR PIGGOTT and him self nie 11,e only -ur►ivors of that Board, which also consisted of Lord DORCHESTER. Sir Fitt:HARD ISIF.Avy, Mr. A Nautstt, and Mr. DRUMMOND. Lord Si DNIOUTH has, we understand, restored to General inustravu the portfolio which was illegally taken front him when he was arrested, but the lock being broken open the General refused to receive it, except in the presence of a Magistrate, who certi fied to the state iii which the portfolio was presented by Lord SIDMOUTIeII agent. We hove not heard windier the two pair of pistulq, the diamond truss of the Legion of Honour, the silver knife and spoon, with NAPOLEON'S arms on it, and other of seiz,d under Lint ntou'rit's construction of the Alien Bill, were surrendered at the bewe tinge. Nu less than 47 lives are Luteil to hare been lost. by accidents incurred already by the !mailing of the Southwark Bridge. The lu,t, a few days since, Vliti a person employed in the iron works. On the night of Tuesday se'nnight, a formidahle party of twelve Highland smugglers, with eight isomer, loaded with about 160 Obits of wilittkey, was intercepted near itiintore by Mr. GILLESPIE, the Excise Officer; when, assisted only by two oleo, he, with his characteristic..courage, notwith standing the great disparity of numberN, attacked the smugglers, some of whom having lied, a long and desperate battle ensued % which terminated in favour of GILLESPIE, be aucceeded in securing six of the horses with their loads, idiom twelve tinkers.. Mr. GILLESPIE WAS wottualed in the face, and much bruised, and one of the smugglers was severely sounded, having received a pilaw shot in the kg, and another through the shoulder, and the hall from the latter not being extracted, lie lies drtiv,erously ill. A huise and a dug were shot in the heat' of the Cray.' ."? .Q. a , : dc . t . t _ t r,W i ca, ittecvi. 0 Vfl W11e3,..:47 .4 .7 0 4 . &, 4 a1":''.- T 4.';Ais„,.. ri•e,,lAlt 42`-.J THM PRINCE REGENT'S COURT. On Wednesday eveuinir, shout a quarter past six &clock, the PRINCE REGENT arrived at Carl ton House from the Pavilion, at Brighton. Yesteiday morning, soon after •eleven o'clock, the Princess AUGUSTA and the Duchess of CLou- C ESTE R. arrived in a post chariot and four, with out riders, at the Queen's Palace from indsor. At one o'clock the PRINCE R W EGF.NT went from Carlton House to the Queen's Palace to meet Lis Royal Sisters, and remained with them till four o'clock, when his Royal highness returned to Carlton House, and soon after held a Privy Coun cil, which was attended by— The Eii,t Lord of the Treasury, the Chancellor of the Exchequer, the secretaries of State for the Home and Co lonial Departments, the First Lord of the Admiralty, the President of the Board Control, the Master-General of the Ordnance, the Captain of the Yeomen of the Guard. Lord Mu!grave, and the Lord Chief Justice of the Court of King's Bench. Mr. MILLER attended as Clerk of the Council. At the close of the business of the Conned. the RECORDER of Low Dos was admitted into the pre sence of the PRINCE REGENT, and made hie Re port of the convicts capitally convicted at the Oc tober Sessions, at Justice Hall, in the Old Bailey. The Duke of ‘VELLINGTON was introduced to the PRINCE REGENT, and kissed hoods on his being appointed ;Master-General of the °trimmer. Ilis Grace wore the uniform of blue and gold at tached to the office of Master-General of the Olds natter. VisCOlnfit SIDMOUTH and Earl MULGRAVE had audience* of the PataCE REGENT. The Court broke up at a quarter-past six. Yesterday afternoon, at half-past four o'clock, the Princess AUGUSTA and the Duchess of GLotJ. CESTEII left the yueen's Palace for Windsor. TM: ROYAL JEWELS. We understand that Mr. BRIDGE, of the Grm of RUN DELI. and BRIDGE, who has been for some time past engaged in valuing the jewels, &c. of the late QuEvrit, at Buckingham House, yesterday afternoon discovered the missing jewels of the Butt; in a box, covered by some papers. IMPENETRABLE HAT. CA f., DECEMBER 23. A hat-maker of this city, named Maulich, bas discovered a method of manufacturing felt, so as to mike it impene trable to the stroke of a sabre in the hands of the strongest cuirassier, and even to a musket ball. This fact has been proved by numerous trials. He offered to discover the se cret to our Government for a suitable recompence, but no attention was paid to it. A report of this invention, how ever, reached St. Petersburgh, and Mr. Manila was in sited to present himself to the Emperor of Russia at Aix-la- Chapelle. The. Russian Generals being satisfied of the truth of Ins assertions, he has been invited to establish in Russia a manufactory of this felt, upon the most liberal ( Nuremberg Correspondent.) Her Royal Highness the Princess ELIZABETH, aunt of the King of SAXONY, died nn the 24th December, in the iii3d year of her age. The Earl of Mt LTOWN is the Irish Peer whom rumour has reported the fortunate suitor of Miss STEPHENS. Ills Lordship is a fine looking young man, but suffer', from an unfortunate accident in childhood. Mr. BOOTH is now playing at Whitehaven, not a little vexed at the eclat thut his doable, Mr. KERN, has received in his name, in the character of Lucius Junius Brutus, the Christian name of Mr. BOOTH. Lady BROWNLOW presented a pair of colours to the Native Militia lately raised in Ceylon, on the 7th of August. A Brussels Paper, of the 4th instant, says— " Madame CATALAN' left this city yesterday for Ghent, where she will give a concert swat %Vednes.. day : she will then proceed to England, having given up for this year her intended journey to the north." A duel was fought yesterday morning on Finch ley Conaniun, between Mr. H —E—Y, a Surgeon. and Captain E—N —sr, which arose in consequence °fa dispute about Mrs. C —E, a celebrated dashing beauty, in high life. The Captain was slightly wounded in the pi►tol arm, and the affair ended. On the 24th December, as two young Gentle men were amusing themselves in snipe -shooting, by the Trent-side, in the neighbourhood of Sawley, one of them discovered a large fish near the edge of the water, which he immediately shot at, and wounded it so severely about the head that it died almost directly. It proved to be a fine salmon of Ifilbs. and a half. Some time ago, the out-houses and cattle of two of his Grace the Duke of krnoLL's tenants, in Athol', were totally consumed by fire. His Grace immediately ordered twenty guineas to he sent to them, and us much timber as requisite to rebuild their houses, to he carried almost to their door gratis. It is a curious fact, that the only ani mals which escaped the fury of the flames were the hens ; how they escaped untouched, when every fragment of the houses but the stones wrs consumed, is unaccountable. _ It is stated in accounts from Petersburgh of the Sth of November, that in the village of Kat►cha uowka, in the district of Liskiiish, a peasant woman was lately delivered of a child, having f o ur hands and four feet. Its hotly, from the breast, was di vided into two parts joined to each other. The child was baptised, atria lived two days ; the mother was in no danger whatever. In pursuance of a law of Peter I. relative to these -kind of phenumenm, the body is to be sent to Petervburgh, to he deposited in the cabinet of the Imperial Academy of Sciences. A stati.tical ehtituate has been published of the population of Prussia, with its incidental topics. It thence appears, that the number of inhabitants was iii 1817, above 10,500.000, making 2,106 to each spuare league of territory. The males between 15 and (id years of ur were upwards of 3,000,009. THEATRES. OTIVRY-T.ARE. compared with the outcry which we witnessed on Weilvestlay evening, peace may he said to have last night leigned in this theatre. The Pantomime coup:muted entire attention. during its Oliellltlg hernes—M is* 'Tillie wits verni I I tell to perform-- without ioteuniptitiii. a pretty vole on the flageolet, which slur executedwiill tun touch taste ?old ipirit not to 111•111.• all estrare-.-411.1, indeed. smell thing alga oft in pert . ..et ousel, except where applause intervened, riitil lIAItTLAND ilia-a hit Turki,li dies , , snot appesred us Clown. Some disappro bation ensued. sod, indeed, f.illowed his exertions during the evening —boot, plated in competition with what lie endured on the preceding night, it was a pull' of wind from a pair of hellnytei com pared with a hurricane. The malcontents were, in numbers, most inaigoilieant—and, like the pill boxes in the shop of the starved Apothecary, . 6 Were thinly seatteed to mike ups sliest." Their cries in favour of " Bradbatry" were feeble-s-end would, in all probability, have wholly ceased, had not some indiscreet, and, in truth. we must add, not very respectable-looking friends of • the establishment, hoisted two pllcavds, inscribed, " Hartland for ever!" in the upper boleti ee Ow Knee's ind Patrice's side of the house, This acted as a stimulus to that p.ission which was ota the point of expiring—and to so injudicious and ill.timed a display, the chief noire. and the only quarrels of the evening, must be attributed. The Pantomime met with great applause—the kirks went off, for the most put, smoothly—and. for the first time, we had an opportunity of hearing the music, which has. at least, the merit of being fatefully se lected. When the curtail fell, shouts of Hartland fur ever !" issued from all parts of the house—and the new Clown, who possesses much strength and activity, but is not remarkable for invention, herring his name so vociferously repeated, stood, forward, as other great actors are wont to du, and made his bcw of gratitude to the audience. A slight skirmish of tongues then ensued between the supporters or the rival Veva. It lasttd butt • few minutes—and the house was cleared at half put eleven o'clock. three cheers having been pre viously given for The trinnsphant Hero of the ('op God Bells I" COYEYT•GARDRN. It reflects great credit on the taste, spirit, and liberality of the Manager of this house, that the delightful dramas of our immortal Bard can he pro duced there in the style of excellence they are. Wednesday night we were gratified with the repre sentation of 'twelfth lVizla, awl last night with that of The Winter's Tait:, both ill a very superior manner, and we imagine the public would rejoice to see ibis carried to a further extent—and with the bust of talent the company now commands, there is no question but it might. The Winter's Tale is one of those plays in which SMAESPRARE gave the rein to his mighty genius, uricontined by those rules of art of which he was probably not ignorant, but by which he disdained to be kept under control ; rules derived from the works of poets not superior a' least to himself, and which, had lie and Soetioctes or EURIPIDES changed places, ill order of time, would in all likelihood never have had existence. It cannot properly be denominated either* t raged t' or a comedy, its prevailing cast is that of sadness—but many light and pleasant, nay, highly humorous scenes, are into-- opened, and the conclusion is fortunate—resembling the " many-coloured" web of our being, w here bright and gloomy hues alternately succeed, and frequent ly interniiiigle. The transition from the forms and ceremonies of a court to the plain simplicity and pastoral innocence of rural life, is one which every mind loves--ftSkIAIESPEttte himself seems to have luxuriated in the change, for he has drawn the scarce with great felicity, and breathed some of his sweetest " native wood notes wild" in the person of Per ditto. Miss SOMERVILLE appeared for the first time in the character of liermione. We have seen tragic queens tread the stage with mare graceful dignity and a more courtly air, but we have not seers ally actor or actress enter more entirely into the state of mind and feelings of the character as signed to her. The boldness of conscious iuno cruc•e—the resentment of calumniated honour— the sorrow for conjugal confidence and affection lost and despaired of, seemed to have possessed her breast and inspired her language. The first answer to the accusation of Leontes, was amazingly power ful and energetic. The speeches in the trial scene were also .delivered with great force and pathos, In the concluding one, where Ilermione eount«,r feits the statue of herself, Miss SOMERVILLE'S 1105- , tore was so well chosen, and her gradual approaches to motion, to life, to words, so artfully managed (while the husband's amazement was so well ex pressed by Mr. You NG) as to produce a something like actual suspense in the audience. The occa sional strains of music in this scene were so tender, so soothing, so unearthly, and the whole of the acting so exquisite, that we cannot conceive it possi ble any thing could more deeply chain the atten tion and hearts of the spectators—a rapid thunder of applause followed it. Mr. YOUNG embodied the conception of Leontes admirably, inimitably. In the first scene the workings of nature herself could hardly have assumed is stronger colour of reality than he threw over her ideal ones. The passages in which he recounts to Camillo the con firmations strong of his hitter fancies, were charac terised by • rapidity, a ,veheinence, an ardour and energy, seldom equalled. Bin it is in vain to at tempt to be particular—s : ti hole of the cha racter was acted with lidekty. vigour, trod drip feeling. Miss BEAUMONT Perditta. Her acting ill the rustic feast was very appropriate, pretty, and pleasing, and she sang the simply beau tired song introduced there with exceeding taste and sweetness. Mr. FAWCETT'S A/110/yCNS WHO IS most excellent performance. He pass.d through the degrees of a thief, a peillsr, and a courtier, with perfect approbation of the distinct requi. sites. Mr..BLANCIIA RD personated the Shepherd with great goad sense and corwtness—and when we say that Mr. 4...ts•rox rag the Clown, it is almost unnecessary to add that he Via. a most Comical cue. Mr. CONNOR was very reipeotable in Camillo. The pixy was deservedly received with every mark of favour, and eiveu out for repetitiou amid a tumult of applouse. tAIF INTRWORATE. 'COURT OF KING'S BENCH, Ovicoacu, Tituatamlr. JANUARY 7. ildjourntrl .S Wings qfier .VicAarhour Terse, &fire Mr. Jt.stece I Iot•HOYD and ape. iud ✓uries. avatim and OTHERS. Assignees of BENSON, v. ea ng s titt. Mr. MARRVATT blot,* that this actin* was brought by the assignees of Mr. Benson, for the purpose of recovering damages for a loss sustained by the negligence of the Defendant in executing an order intrusted to him. The Defendant, who resided at Gibraltar, had been employed, in 1809, by Mr. Benson and a Gentlefties) of the name of Byrne, who was partner with lion in the tresisaction, to purchase Spanish wines for their use. He had, however, executed the order so negligently, that a considerable loss was sustained by the individuals by o hosnlie had been engaged. It might seem extruordinary, that this motion should be brought after so great n lapse of time—but th.t circum stance was attributable to the Defendant himself. The subject matter of the action occurred ill linp, bid the lielesidasit residing in Gibraltar, it was funsid impossible to compel him to (toter all appear. once its this Court, Thera 11041 bees& aunty fre virtu* trausacti ssss ss between the Defendant and Messrs. Bemoan and Byrne—and the litter Gentle govt. residing at 'thin the jurisdiction saf tlie Court, it was in the Defendant's power, by sending a letter of attorney to this country, to sue for any demand he had on then', tool he actually tattooist his actioa against them for a cerium halence. At length, ins opplicatiou to the Coast, an order was made to stay all proceedings in that cause , lillill the Dt *Pendant entered an appearance, ill order to enable the present Plainnifs to sue. shortly after that order was istued, the Defendant creme to Englu.sil himself, and prepasationewere made sts bring a.. soda,. Mr. Benson afterwards becalms batik runt, and it pis thought necessary to institute ars action, in the name of Isis aowignecs, for the loss sustained by his eaten.. its consequence *l* tram action in question. Ile • slow came ill the facto of the caste. Messrs. Relation and Byrne vet* in the habit of supplying Isis Mojesty's troopa with wine. They uuderstood the trade well, moil lied sent out large quantities of Spouts!) wine to difterent parts of the wend, on whin4, they made a large profit.— During the Egyptian expeditious, they sent not 600 pipes of wine, not one of which was returned ; taut when they employed Mr. Parker, in thisitlolllllClN the result, ill coooequeuce of his negligeut mew. t of the order, was very different. This order it wits optional with the Defendant to have tinder taken or not, as lie pleased ; for. iu a postscript to the letter, directing the purchase of the wisies, Mr. Benson said, " If you cannot execute the order, as we wish, you ova '.'and it over to two persons," nho were therein isained. De , fendant, in his answer, said, " he would not hand over the order to those persona. as he could hie correspondents as much justice as Huy other neighbours whattoever." lie thus under took the order—and the less occasioned by his negligence in fulfilling it properly. was greater, the Learned Cuumel leered, than he could rt.o.vtr by this octiou. Parker adtised Brisson :tad Co. of the purchase of 260 pipes and 33 hogsheads of Spanish red wine, in compLauce .vrtill the terms of the order, and they were shipped for England, on board u vessel named the Proteus, iii April, 180 g. The wine was collected in the awing of that year. The Defendaut described the wine to be of excellent quality—but, on exatninaliou, is was found poor and vapid—of attach a specie*. in deed, as no merchant would purchase. Mr. Ben.. sou had desired the Durelidaut to reinforce the win*. which was of the kind denominated Sall Carlos. By reinforcing was meant, the pattinr, into the wine, a certain quantity of brandy, to resider it tit fur the voyage to Eugland, or to any other part of the world. Pat ker, it seemed. rettenderl joitticu lady to the order for reilforeemerge. and, ill the invoice, he charged fir each toss of wine, three gallons of brandy. The wine, as deapribeit in the Defendant's' letter, would have sold for 3tll. per tun—but, when the raigo arrived in this comitiy„ it was found unfit for the purpose fur which it was intended. and was ultimately sold for /sf. per too, being less then one-half the sum which it would have brought, if it had been a good marketable article. In the mean time, bills had !teen accepted to the full amount, and were ultimately paid by Benson and Co. The present action was brough t to recover the difference between the price which was paid for the wine, and that which it ultimately produced, together with such sum, as the prctit oil the wine would have amounted to, but for the negligence of the Defendant in not properly exe cuting his order. The commission of bankruptcy sued out egainst Mr. Benson was proved—and the letters pass-d be tween him a n d the Defendant, on the subject of the wine, were put in and read. In the first of these, dated 15th of January ISOI'„ Mr. Bensou directed the Defendant to rend him 500 wits of good Spanish red-wine. to be reinfurred, and welt coopered. Each cask to have six iron hoops—curl the casks to lie new. The Defendant, in Ins an swer, relative to the wine shipped per the Pro. tens, said, " The wine you rosy depend on is good —but clean new casks are hard to be got." Mr. Bensonstated, that Spanish wines were brought down to Gibraltar, from the Spanish coast, in dif leient vessels. A proportion of brandy was put into the trine, previous to its bring shipped for El:I:laud. 1 1 Fle had supplied the army to Egypt with 600 pipes of red-aisle, not a pipe of which was returned.— Three gallons of broody was a fair proportion in a pipe ol 117 gallon.. The wmeecost Y. 173/. Is. 51. There were besides charges for freight, prienage, insurance. and interest an his money, to the amount of 1,131/. )9'. 2.1. He maw the wines, when they arrived. The casks were all old. The wine was rf * I bad colour, of very indifferent quality, and smelled I unplessently. Good Smattish red-wine was sold its the dock in hood, for 36/. a tun, or lal. a pipe, et ilea time. But, in consequence of the bmiouNs or tlo : a o wines, they were mild in September fur 154 per tun. The loss between the original cost of the wine, told the sum for whicb a was sold, was • 1,547/. 44. Crwr-recnianed.--0a the 7th of April. /909, b,e i•