The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-19 00:00:00

crs LiW. - COURT OF Kllftirs BE Ate 11, GurianA Silting, at Nisi Prior, behre Lord ELLINBOROUGH, and Special Juries. DICK '. M•RRYATT. This was an a6tion upon a policy of insurance, on the ship flestemorkn, of the island of Santa Cruz. Mr. Fawner, on the part of the Plaintiffs, Messrs. Quiie'n and Jeremiah Dick, merchants, stat e d, t h at • these Gentlemen were merely the nominal Plaintiffs in the a.tion; that the owners of the ship in question were Messrs. Creigner and Macovoy, who were na tives of Denmark, residing at Santa Cruz, for whom Messrs. Dick had effeßed the policy of in surance, which was to commence upon the ship's a: rival off the coast of Africa, until her return with her cargo to the island of Santa Cruz. The defence, the learned Counsel observed, he understood, was, that of her not being sea-worthy at the time of ef feCling the insurance ; a defence very frequently set up of late—but was such as the Court considered was not warrantable. He then, after some few further observations upon this he.td, proceeded to state the case, nearly as follows : The ship sailed from Charleston, in America, to Carolina, with a cargo. At this place, she under went a most thorough repair, and took in a proper cargo to barter for slaves, on the African coast. On be passage from Carolina to Africa, she experienced v..riotts tempestuous weather, and heavy seas, and was obliged, at times, to use the pueoes nor from any ilefeift in the Chip herself, hut from repeatedly shipping seas, during the passage. When she ar rived at Sierta Leone, the Captain found her sound and tight, and perfettly sea-worthy ; and, after landing about half of his cargo, he thought it ad visable, for the greater convenience of landing the remainder, to brin&her up to the quay—where he bad her moored to a gun, whicit was fixed in the ground for that express purpose. In the course of Übe night, when the tide ebbed, the vessel took the ground, listed, and foil upon her starboard side, in such a manner as to drag the gun, to which she had been moored, several feu out of the ground ; she so continued, until the return of the flow tide, when she again righted ; but, after the rest of the cargo was landed, and she was drawn up on the ocach, for the purposes of repairing, it was discovered, that no less than fourteen of her timbers had been broken, which rendered her perfeCtly un serviceable. The Captain called a convention of the shipwright, and mastersiu the place, and she was condemned and sold. lie admitted, that it the timbers had been broken before she came to the coast of Africa, the policy was not recoverable ; but it would clearly appear, that if this accident had happened toher previous to, or during, her voyage to the coast, she could not, by any possibility, have per formed such a voyage. FindVng himself in this ation, the Captain hired two other vessels for the conveyance of his cargo to Santa Cruz, one of which was the Gorport, on board of whits he put a portion of his slaves, but she was afterwards captured ; the other ship, which carried the remainder of his cargo, met with a different fate, of a more dreadful aid melancholy kind. 'On the evening o: r' , e day she set sail upon her voyage home, the slaves ro,e upon the crew, murdered every one of thembut the Cap tain, mate, and - a Voy, and carried the vessel back to she mast, where they all escaped. Thtf policy of insurance was then produced an d proved. Captain Northop, the master of the Beget-mord< n, was then zamined, and proved netrly the foregoing matemerrd; he added, that re! en at ' , mime, he had his ship put into repair under the inspelion of two old African traders, who understood the business, and that no ship ever sailed upon that voyage in mere complete order. He 'Had some smart gales during the:uswige, and the vessel at that time made some water; but, in fine weather, she never made any, and was perfeiftly seaworthy when she arrived at the Isles de Los, where he disposed of a part of the cargo, and then proceeded up the river of Sierra Leone ; hut, for the better convenience and discharge of his cargo, he moored her at a wharf, and fastened her to agtin; he soon ;die: .iischarged the remainder of his cargo, censistingoitobacco, when, in the night, she listed, and f 4 as already described ; and, by this means, she had her timbers broken She was afterwards condemned and sold for 4001. Fie thought she was well worth 14,0 ea dollars, before this acci dent. At that time, he had made engagements for 150 slaves, five of which number, only, he had taken on board at the Isles de Los. When he pur chased the two ship., he put 71 slaves on board the Gotpott, under the command of his first mate and surgeon; the remainder he put on hoard the Haanah, in which re srl he went himself. On the second day's voya:,e, an insurrection took place among the slaves ; tnn• rose upon the crew, it the nigh:, and killed all but the witness, and five more, who es caped into the cabin, and :Ought them with their muskets through the sky-lights. On his cros-examination, by Mr. Gs meow, he said, he agreed with Mr. Tully for the slaves, be fore he could procure a vessel to convey them ; he knew of no other of the name, in the trade, but himself ; he had kcpt a log-book, but it was de stroyed by the slaves ; they first tore it, and then burned it ; he had a middling memory ; he did remember, he kept the crew at the pumps, in order to keep the scurvy our of their bones ; if Alr.G mow had been there, he would have kept him to it also. _.,1 Mr. G•RRow- - " You den't know how well used I am to pumping ; you don't know that I am at it now as fast as I can." He then declared, that always in a gale of wind I,e made them pump ; they had very bad weather during the paisage from Carolina to the African coast; for a number of days they had dreadful gales, a:;d a heavy decked cargo, which made the ship strain; there was a small hole in the sheath ing on the starboard-bow, which he discovered a few days after he left Charlestown, and bad repair ed, and she made considerable water. He made no protest until atter the ship was laid upon the beach, and examines:. In his correipondence with his Owners, he could not say that ho mentioned the real cause of the accident ; the Mate icaned in the pro test, but there was not any thing in it relative to be ing at the wharf, or of the dragging the gun. Mr. Gasauw rested the defence upon the great improbability of the story which the witness told, wtich did not in any manner agree with the gro test he had made, or the correspondence he had had with his owners relative to the tall and break ing of the timbers. Lord F.i.t.cNaoanoGH left the whole of the case to the determination of the Jury ; it was compe tent for them to Judge whether they gave credit to the testimony of the witness, or not; if they be lieved him, they were bound to find for the Plaint iff; but if they found a variance between his evi dence, and the written documents under his own hand, they knew how to decide. The Jury, after a short consultation, found a verdiet for the Defendant. ATKINSbN V. GORDON. This also was an action upon a policy of insurance on the ship James and Rut/t, bound tram Nary... to Chepstow, laden with deals, and lost on a chalk bank in the Baltic. It appeared that a policy of insurance had been effeded in the month of October, in the year 1801, for 10001. upon the probable amount oldie cargo, at a premium of 7 per cent. In consequence of the receipt of a letter inclosing the invoice, Stc. of the cargo, a farther insurance was effeaed on the 19th of December in the same year, lot which an un usually high premium was paid, at the rate of fifteen guineas on the timber, and eighteen upon the profits. The letter also contained a paragraph, stating, that as the winter had set in, it WAS un certain whether the vessel would get nut, or would be bound by the ice. Another letter was also re ceived, subsequent to the first, but wino' was dated on the 3d of November antecedent, and advised the owners of the sailing of the ship from NArr:4; this letter did not, hosever, come to band, until the 13th of January. Mr. GI ees, for the Defendant, grounded his de fence upon this, that the Plaintiff was in possession of a certain fart, which, W communicated to the underwriters, they would not have made the policy. In this he alluded to the letter of the 31 of Novem ber, which, he contended, had been received on the sth of December, the day previous to bespeaking the policy, which letter stated, that the vessel had cleared out that day, and the writer wished the master an expeditious passage, intimating, that she would sail on the day following. The Petershurgh and Sound lists were then pro dated from Lloyd's, in order to thew that this repre sentation agreed with the data of .hips passing the Sound. Lord ELLENBOROUCH observed, that certainly if it could be &hewn that material communic.eiuti had bCen suppressed, the Plaintiff had no right t.) re ; bar it ought to be a communication most so stantiaily material, which in the present case did not appear. The Jury found a verdia 43001. fur the Plaintiff. COMMON PLEAS, GUIL•11A1.1. Sittings a MO t:pre 31r. juctice Cu A M Bar, and 4 S p Cali jury. ALLAtNE AND OT!MIS v. This was an action brought against Mr. Eyles, the Warden of the Fleet l'rison, to recover the sum of 1,0001. due to the Plaintiffs, by a Mr. Johnston, a smuggler, who had escaped oat of the custody of the Det,:ndant. SeLkant tiott 'rapt the 2.laiutiffs, atatnel. diet Mr..Waniton n,+l been employed by Government to supply the in - I-Ts at the I !elder with wine and other necessaries; that he not being able to make his con trail good, entered into an agreement with the Plain tiffs, to supply the King's troop. at the Ilelder with wine and other good; from Guernsey, which they did to the amount of 4,0011. Mr. Johnston, being the only ostensible person with Government, re ceived the money in payment, but never thought roper to pay it over to the Plaintiffs : on which ac count they commenced an anion against him; and having found that he was in the Hest, laid a de. twiner on him. The Learned Serjeant then said, that though that detainer was not an execution, he had no doubt, when he should bring forward his proofs, of obtaining a Verdia for the entire sum. William 13eere, Clerk to the Plaintiffs Attorney, in August. 180% deposed, that the Defendant ac knowledged to him, that Johnston was then in his custody ; and that he delivered to the turnkey the copy of the declaration, in the cause commenced by the present Plaintiffs against Johnston—and that a declaration then produced in Couit was a tree copy of it, st.:mped by the Pmthonotary. Scrjeants SDEPHLID and BLit, for the Defend ant, opposed the reading of this declamation, deny ing that it was evidence, as the Prothonotary's book, in which it was entered, was not produced. The arguments on this point took up a considerable length of time ; the different Clerks and Prothono lanes being mi.:tined as to the practice—in the course of which, the Counsel for the Defendant pressed for a nonsuit. Mr. Justice Ca st see said, whatever might be his opinion as to the matter of law, he thought the best way w. old be to take the opinion of the Jury as to the fag, and afterwards, if the parties pleased, :hey might come before the Court The affidavit of service was then delivered to the officer to be read, ha that was objeeted to by the Defendant's Counsel, as it had not been sworn before a Judge. The discussion of this point took up a long time, but at length it was ruled against the De fendant, as at the time it was sworn these was no Judge in town. Mr. Carey was then sworn to prove that John ston had been employed by Glvernment to carry wine to the Helder; on his cross-examination he said, that Johnston was a notorious smuggler, and that the Plaintiffs were reputed smugglers, hut that he never knew them to be concerned in that kind of trade. It appeared by the evidence of the Clerk in the Fleet Prison, that Johnston had been locked up in the strong room, as there had been a warrant lodged against him for felony; but that he contrived in the night time to force the pannels which were over the doors of his room, from which he got into the Coffee Gallery, avid that he then got out of a win dow and up a leaden spout to the top of the prison ; but how he could have got from that over the outer wall, ho did not k tow ; that the outer wall is ten or twelve feet from the top of the prison, and forty feet in height, exclusive of the Cheoles Serjunt Sst 'titan, on the part of the Defendant, statoi, that he would prove by a man, who was at that time a Prisoner in the Fleet, and who assi-ted Johnston to get ont of confinement, in what maw. nor he escaped : he said that after he had got out of . the room where he had been locked up. ive proceed ed along the gallery, and up stairs to the top story: it had been concerted that one of the Prisoners should lend his room to this man, who assi.ted Johnston in escaping, for the pre:ended purpose of entertaining a Lady there ; that Johnston got out of the windoi‘ of this room, and clambered up .1 leaders • spout, at the side of which there was an iron con duaßr fur lightnings and having got to the top of the prison, he threw a rope, with a grappling iron at the end of it, over the Chr ..au.r de Frieze, to which it clung ; he then made fast the rope to the top of the prison, where he stood, and having drawn it as tight as he well could, he passed to the top of the wall, swinging by his hands: when he got to the top of the wall, he had a rope ladder, which he let down into Fleet-market. where he had horses wait ing. The I.earned Serjeant concluded by represent. ing the improbability that Government would em ploy a noted smuggler for the purpose of carrying wine from Guernsey to the Helder, sei.cu they could send as many ships as they pleased, um ler the com mand of respenable Captains, and have them freighted with wine in a regular way, for the eon- , sumption of the army. The Jury did not think it necessary that this case should go any farther, as they were perfally satis fied that this was a smuggling transa6tion, and that His Majesty never bad employed Mr. Johnston, a noted smuggler, to carry wines to his troops, at the Fielder, or any where else. The Plaintiffs chose lA tirr to be nonsuited, tliah have a Verdia entered against them. SMITHFIELD C.ITFEE SHLIV. Yesterday, a beautiful Cow and Bull, of a mixed breed, between an East Indian Bull, and a Devon Cow, belonging to Mr. White Parsons, of Wiltshire, who sent them up for the inspeslion of the public, at the Cattle Shew, in Mr. Wootten's yard ; but owing to a mistake, they did not arrive there sor.ner. 11(4 were examined by several breeders and ama teurs, who continued to come till great part of the stock were taken away. In the afternoon, v.veral Ltdies also took this opportunity of seeing the Cattle. Prince Pontiskei, from Russia, and an Hanoverian Nobleman, were present also; Colonel Letchmore, Dr. Nelson, Messrs. Westcar, King, Crooke, Wells, •(Mace, Young, Scarborough, &c. Mr. Slater, an artist, attended and took a portrait of Mr. King's four year cad Highland Scotch Prize Ox, in Class 111. The Duke of Bedford's Prize Ox, in Class I. his beautiful Kent Cow, and Mr. Parsons's Indian Cow and Ball, remained last night in the yard ; most of the others had been fetched away by the butchers who are to kill them. Mr. Gibl , t, of R•md street, has bought Mr. Nest. car's Prize Ox, in Class I.; hi; twin Ox a nd Cow, Ind his three Prize New I.eicester Sheep. The same spirited 'stitcher has bought the Duke of Bed. ford's Prize Or in Class 111. ; hi•. six Prize South Down Sheep; and Mr. King's Prizeirx, I's Class 111. Mr. Chapman, off evt.Mark,t, has bought Mr. Welrcar's fir* Prize O in CI ris I. Mr. Broweing, of Leather-iau.., has bought Mr. Wirktcar's red Cow. Me. COMM, or Liquorpond-street, has bought Mr. Ws...real% fat Pig. Mr. H.lll, of Netvgate.m irket, has bought Mr. Smith'• eleven month black Pig. Mr. Pick( rd's tat Prize Cow, and Mr. Plaskrt's three Prize ors. L, icester Sheep, arc to Ise killed by Mr. King of Nrwgate•market for the owners, or for sale. At the Court of Requests, Whitechapel, Tester day, a watchman, belonging to Whitechapel parish, summoned a man in that neighbourhood, for non performance of an agreement in writiag, to pay a guinea, in consideration of an undertaking on the part of the watchman, his executors, administrators, and assigns, that his body, after death, should be at the disposal of the party, who, it is said, has frequently boasted, that he has had the bodies of fifteen Spica! Fields weavers, upon the same terms. The purchaser, however, did n•„ attend. Last week, Joists Furl -Eli, Esq. of Rose I Ell, ht Sussex, had three fat bullocks slaughtered, and dis tributed to the poor in his neighbourhood. Wednesday last, the Royal Pembrokeshire Vo lunteers returned home from Haverfordcest and Pembroke, where they had been on permanent .tarty for thirty-one days, and merited the respeel and esteem of the inhabitants of both towns for their laudable attention to military duty, and corren de meanour in qoarters. A superb pair of colours were presented to this fine regiment, on Thursday se'nnight, by the Right Hon. Lady K titsiriu for:, in an elegant and appropriate speech ; and, after the ceremony had concluded, the corps was review ed by General GASCUYIst, when they acquitted themselvos with their usual excellence. Lord K ICS• SlN‘s om entertained the Officers, &c. on the occa sion, with a sumptuous dinner, and a ball in the evening, at which all the beauty and fashion of Haverfordwest and the surrounding country were present. A letter from an Officer of rank in the British Indian arm), dated in the camp of General Lord I. see, at Nlonlepoor, May 10th, relates the preci pitate flight of HULKS,,, tires. s warm engagement ; and mentions that his cavalry are deserting him in great numbers, offering their service to the British, but adds, that they would be superfluous. It relates the carrying by assault a strong town of Hot.K•e's called Rampoerah, by Lieut. Colonel DUNN the Seapoys fought most gallantly, although led by no other European Officers than some artillerymen. The place is of importance. Another letter, dated from Gen. WsI.I.E.SLEY'S camp, June 6th, states, that they have been in the field upwards of sixteen months, and for the last fire, in a state approaching starvation, from the famine which rages in that part of India, horses and cattle dying from want! villages deserted, and their miserable inhabitants perishing in the camp for want of rice, which sells at a rupee per seer. It antici pates with fear the extent of the evil, and says in conclusion, that the price -money (large as is its amount) will not more than pay the Officers their enormous expences. It is clear from the above, that Hot is A • is di •i' a, but not subdued ; and, should the famine increase, be may find time to recruit his strength in his own dominions, during the monsoon, it which our army must necessarily remain inative. V - PROM LAST NIONT's GAZE7'T.IS Admiral( y•rOjee, December 17 1894. Copy of a Letter from the Right lioi,out.ibie Lor•1 ..t*., H Admiral of ti , e Blue, hc. to William hditrideii, E.q. t.-d' on hoard the Monarch, off Raittsgaw, the 16. i. I transmit, for their Lordships' inhumation, a copy of a letter from Captain koote, of His Majes ty's sloop the Favourite, to Captain Laroche, of Has Majesty's ship Melpomene, at present conanautling the squadron before Havre de Grace, :teguailMill him with his having cap'ured La Iticcrochettse, French privateer from St. VallP.ry, and driim anol ther into that port. I have the honour to be. &c. KEITH. Hit !Vilest.% Skip Favourite ' at Sea, SIR, D .cemb .1. 13, li o { . I have the gatisfattion to inform you, dot I yes terday fell in with two French Itiorger nrTvateers, and that after a chace of i:tree hours, I cap tured La Raccrocheuse, Captain Jacques Rrn quaint, nut one day from St. Vallery en Caur, mounting fonrtecn gar's, four.peinders, and r.u. tying fifty-sit men. The above loners .n • po;ses'icn a brig, and were boardin7 a• t• k, both which they quitted on my approaching ikbp4 I therefore made .:final to a curter it, sight, Bich I believe to be the Countess of Elgin, to ch merchant vessels, and from die esertions I u her to make, I have no cl,tubt but she has sue The tuggers steering different ()nurses, the most one escaped, her MUM is L'Adolpl.e, re ing the same number of guns as the captor, 'ones to the same port, where she mug , Aare re turned, having thrown every thing overboard in- the chace. I am, &c (Signed) Craates Foore. Chrioopher Loochg,Es4. (A Colly, KLITN. The Leaufer and Cdsatir;tpt. which went in pursuit. of the two French frigates that escaped from New York, arrived at Halifax, we understand, on the 17th of November, without having been fortunate enough to come up with the fugitives. Jsacone BONAP• It SE is said to have taken his passage ;se the adun, but whether he has been accompanies: by his wife or not, is not ascertained. Sir Si nee sr SMITH is expelled to have an import, ant command in a short time. A new en I , ;,f war, to be called r'.e Cal!lpte, and to carry I 8 guns, will be launche I from Messrs. De DMAN'S do& next week. The firreheer, JONES, from Drogheda. foe Liver pool, has sunk at Beaumaur is. The D. fiance, MVUGE, bound to Oporto, is stranded. The More's', RAPPaII, from Teneriffe, for L. don, is e n shore near Margate. The Lords of the Admiralty having fop the painters' work at the different Do which was Carried on heietofore under the .of the Mater Shipwrights, required farther sepsis:. ten-lance than those olncers It sd leisure rob have appointed Master Painters to lii. Majesty's several awk•yerds. A General Court Martial was held at Bexhill. ens Monday lalt i for the gig ofjkaggin „Weber.efrelds.• 21 Ught Battalion of fire German Legion, on chars a for fraudulent accounts, and other in: stances-of irregularity in his professional situetioilmr The trial lasted the whole of the week. but the SID. tense. of course, has it yet transpire GesseraL, Don was the President, and the members coneleted partly of-British, and partly of Officer s ' -longing In the German Legion, and Nlajer °Crory, of die Battalion, was sworn, and a.c.tesi a. interpreter, dm% whom, one more able and int.:lligent could not blue been found. • The unwearied attention paid by General Doo to the erection of huts it Bexhill, for the accommoda tion of the German Legion, ha, not bee.. besteeeed, in vain. The comfort of these novel habitations merits the approbatintr of thosterho are app•inted be • occupy them; and the general satisfaziino s--t the • , officers and soldiers affords a grateful tribu:tt :o ills ,care of the General, touter whose immediate insprx tion they have been so speedily completed A Gencril Court Martial is to assernli., at Bra-, hill, on the . 21 of January next, for the triallol Quasi ter-Master Reusch, of the Ist Ligh t Baraelior. of the king's German Legion, of which General Don.is appointed the President. A few days since, the Parham hankers foetid a hereon Lee-Farm-Down, near Parham, whiLh, ter affording an excellent chafe of an hour and 85 % minutes, ran thro' a house, at Storrington (the doors , I of whrch were standing open), and traversed the ad joining garden ; but fiedirg her pursuers pretty clo4:e to her scent, she returned to the house, aid , self down in the kitchen, from wheme she was takers A alive, by Mr. Fl [NCH, and the huntsman. and re served for a future day's sport. Or ;Inv night last, a fire broke out in one riff the stables of the Bull Inn, It itolbw-i., near St. Alban's, which, from the wan of nude, threat destruction to the nighbowhocxl. Si• ' in an hour were completely destroyed, and six ho that were in the stable were burned to death ; one olk them belonged to Mr. MASIDEN, of Tottenh sna Court-road, which he had purchase.' in the Not w 70 guineas. and was on its way to town. On Monclity morning, aserut lone o'clock.' shocking accident haeperwd at Mr. SCOT is Ills-' tillery, in Vauxhall ; a foreman to the stonenensons.• who are at work at a steam engine there, put his I head through a small aperture to look *some work which had been done, not knowing the ay wheel of the engine, which goes round eight times in a minute, , passel close to the hole, when, shocking to relate the wheel caught his h ea d, and knocke4 7 crif the per part of it, and one of his eyes, and of course him a dreadful spetlacle. PtDESTRI AM MATCH.—On Monday, a foot-race, for a purse, was ran on the Edgware-road, be tween Juba Ward, of pugilistic notoriety, and -Aim. Handl,. a shoemaker, at Paddington. Word was concluded t 3 the place of performance by the pugilists of the day, and the same r was paid to the Son of brethren, followed pedestrians. from Pine molt three furlongs. rust ten yar.l%, the task in lest .rid picked up to the Son of Crispin, by a tribe of his Followed by a groupe of St. Mooday's I. The ground fixed on for the race was, Apple-place to Hill-house, a distance of ngs. At starting. Ward gave his ant:ago- ra,, and beat him by having performed less that► two minutes. The Ischtry at the • up a trifle by the race.