The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-25 00:00:00

. PO .rt 7 . OUILDHALL. Teiterehtv, a you..i oman. servant to a mer. Oet rL Rising-lane. was brought before Sir R. .11: 1 Sir Joist. IV. .merit:, on suspicion Ott anl sevii g fire to her master's house I l dr. Lillie 'A very ohl And infirm gentleman, gave folln.ving eeilence 1 hat the Pt isoner bad been KIVA IL t three years, and that on Sunday ,a sagn t en o'clock at night , j ust as he had g ot . bed, the Pri..o ler e•tterel fns room, and inform bins that there wac a great smoke in the room , r w hert he slept ; that immediately after there y A violent knocking at the street door, and an 0 t f fi r e ~:ven by the watchman ; tha t the fire it s :qtin uished with very hole damage; but that. e erination of the inspeaors of the Royal %c h a nge lamftsurance Offi:e, it appeared that the em hii 1 ern on fire in several places, and ne per aim i-g in the ohm, or having any business in 2 susvlcion arose that the fire was not the effc of dens Several curtains and other articles were sec , - • 72 .5, a, AA 'he prisoner having removed her clothes of the house, induced him to sitspe,!l her ; that enquay at different pawnbrokers in rne neigh butitheod, he found. that six curtains, his property, j.a been pledged at the shop of Mr. Pierce. a N.salrok. rin Dr fh,t>i Commons. Mr. Pierce's f ora t atietiied, • ith thn curtains and a silver w ant ; he mead, that since he had notice of the 0,1,,•re, a woman had brought three tickets to re lease the curtain. ; that eas blaturday last some of th.m had becu pledged ; that seeing the two women I . l .esi:e the door, the one that pledged, and the other that wished to redeem, he had them taken into' tut:f'dY• 0:1 their be;ng put to the bar, the ~ oman who eed the pi operty said her name was Elizabeth N•11y, and her companion /! cute Hickey ; upon! t heil bane called on for their defence, the servant: 0.16,4,1: e had stclen the things by the advice or the Pit." -r Sealy, who brought her drink, and. I le 1 • -ed the goods, and gas e her what money she .tlit ugh - rropiir that she intended redeem• as soon as she received her wages. .mer Hickey said she was sister-in-law ti . ; that she had lent her twenty-f ur shit to re, toe curtaios, and had gone with rat irvse ; and that she did not know v were amen. Sealy acknowledging the truth of avritions, she was discharged, upon a renise of :. 'rearing as a witnOss, when called ea. The other two prisoners were remanded for furher emii•ation, and otder-td to b: kept sepao t. te, and no person to Lave any communication with them, but the Leper of the Compter. The J,:sOcc.room was crowded ; saver.il of the Geyer su:s of the Insurance OIL e attended. rfiLIC• Of V ice, aow-sTataT• PICK POCKETS. The depredations of this alarming and daring de c:iption of robbers call loudly for the further inter ference of the Legislature. The different gangs go from London their regular circuits, where fairs, or asy public meetings. are being held, through the miatry. Bed Barwo , gang has lately been attend ing Ipswich. iledeabell, sad other fairs in Suffolk. On the sth Mat. Mr. Symonds, of Pulham. was attending the Utter fair ' when he tied his pocket p;cired of bank notes to the amount of between one and two hundred pounds; among them wan a flUrn• bee nt Harls:on notes. He had no doubt but three strangers, with whom he bad been in company. had robbed him, and fiading they had left the town, sent a full descripti n cf their persons to the above office, and by the vigilance f Anthony and Adkir.s, 8.110, RyLad i and Thearfrsua, three well-known charac ters, who answer the description. were appre hended on Tuesday evening. They found in their possession a horse answering the cl-scription of one that was rode by one of ths. men who were sus- Feded of having committed the robbery. On homnson they found a Harlston 101. Bank Neer; no Bullet they inund a constable's staff, which it is supposed he carries for the purpose. when any ot his gang are detected, of pretending to Be constable, and will convey them before a magistrate, and by this scheme enables them to es-ape. They were corn totted for further examination till Mr. Symonds can attend. The following extraordinary incident occurred at Aylesfnrd a few days ago: As Mrs. TAYLOR, of that v..IS sitting in the street near her house, she was sndclanly sure rand , fl by a swarm of bees; that had escaped from a neighbouring hive, and the little busy assemblage settled upon her. Mrs. TAY Loe, no doubt, embarrassed at such an unexpected host of visitants, had the precaution not to resist their tain6arity, but to wait with patience their being which was performed without any injury hap pening to her, other than a sting upon the wrist. The FLAGEOLET invented by HA INSRI I/GE, of Holborn-hi:i, and fur which His M SJESTv has given him a Patent, from the beautiful sweetness and va rety of its tones, is now become the most fashiona -61: histritmern in use, both with Ladies and Gentle men. It requires no half covering for the upper • tat the two keys at the bottom of the instrument, with the aperture, being so arranrd, as to make the fingering r e g u l ar , lake the German flute, and the metallic tube to convey away the moisture, ate improvements of the most exquisite nature, and make the instrument nearer perfettion, than any ever before offered us the world. His book of in- sae s ion is atonce so simple and full a information, th.it any person, a ;thorn the least knowledge ui MU SK, may in a short time teach themselves. The present annisemenrs at the ROYAL Ctacus are so highly attraflive as to pro.tace the most crowded houses every esem.g, and a brilliant as semblage of the first circles grace the hoses; among whom we _particularly noticed the Duke ot As ti/14'TM Lord 1)1 NC A SNON, Lady CHVL MOM writ r, Ste. who, with the rest of the audience, ex pressed the gratification they received from the ad mirable representation in T.se Feartb of Jaw. or Ml rot Bat—s late glorious event. The beautiful sp-e -tacle of /ow n , the pleasing Hatlerpiiiiadr of .1 Mors/ Tait. together with the display of Horseman ship, amongst Actich NI rs CAM is certainly no where to be surpassed for etegance.agili , y, and execution ; the last of the armee pieces, we find, can be conti lalle.f but a f - W • lays longer ;as a new P4atillllll4 and a new D ri;at Comic Dare, will very shortly apee.: Oil these boards. - . LAW INTELLI GENC)I. COURT OF KING'S BUNCH, GUILDHALL, Jose 24. .Stivris at Niri Pries Were Lord ELLcaaoaouon, and a Special Jury. HUNTER V. POTTS. This was an *Aim upon a Policy of Insurance, on the snow William, from the Bay of Honduras to the port of London, brought by the Assured against the Underwriters. The policy was effected on , he 12th August, 1804, for 4661. The ship in question sailed from the Bay of Hon duras, in company with the Lady Parker, another merchantman, the latter end of July 1804 having on board the Captain, five men, and two buys and laden with to wood and mahogany. She had almost performed the dangerous passage of the Guiph of Florida, when she was met by a Spanish felucca, with twenty-seven men, who gave her bat tle, and, after a gallant resistance of two hours, be ing suddenly becalmed, she was obliged to yield to a superior force, was carried into the enemy's pert, and condemned as lawful prize. From the evidence of Captain Hunt, of the FV.I - these fats were moved. The Captain of the. lady Parker also proved. that the Irtiliani was a re markably tight-trimmed ship, of 260 tons burthen, cod performed her voyage, as long as they were in company together, as well as any ship could do. She had passed three.fourths of the dangerous part of the passage of the Gelof Florida when taken. On the part of the Defendant it was contended, that the Willem was not sufficiently manned to per form the voyage; and, in support of this, several Captains of West-Indiamen, and two of the Har bour Masters of the port of London, were called, who stated, that from the Bay of Handuras, by t h e Gulf of Florida was much the most dangerous na vigation of any part of the West Indies. A cargo of wood, such as this ship was laden with, they considered as the worst she could have ; it stowed so badly, and made the vessel strain exceedingly ; they did not think eight hands were near sufficknt to navigate a vessel of this burden in those seas nor would any of them ventuse to sail with less than thirteen, or, at the least,eleveit men. The Defend- ant's Counsel also contended, that, from the Cap tain's letter to his Owners, it appeared he had not hands enough, for, after saying he had made exer tions to procure men, he stated, he had been obliged to tail with only six men and two boys; inferring therefrom that he had not sufficient. Lord Et. tan eastouou observed to the Jury, that this was not N question as to what number of men the ship had oil board at ail) , particular time, hut whether she was sufficiently equipped and manned for the voyage she was to perform. The ship in question was not lost by the perils of the sea, but from capture by a superior force; nor was it to be said, that in order to support the policy it was ne cessary she should have a sufficient number of men to repel any farce she shonld he ei.a.:k .d by. The mere question was, hAi he a'• ffizi.ot number of men for the purposes of navigat on and upon this subjat there was the fag couplcii wish the judgment of the Captain who navigated her, and the Captain of the Lady P.rker who accompanied her, against Cie judgment of the Defendant's witnesses. It appeared she had performed the most ingetous part of her voyage without any accident, and that rib , complement of men on board was sufficient for even that perilous passage. It was, howevet, for the Jury to decide whether, upon the evidence on the part of the Defendant, ,he had or hart not a suffi cient number. The Jury. after a short consultation, retired, and in something more than an hoar after, brought in a verdict of 691. Is. 3d. for the Plaintiff. Gloss aid %VITE. V. SMITH and ANOTHLII. Thi; was an Aaiun brought by the administratrix of Mr. Reader, agarnst the executors of Mr. Grier son, upon a bond of the latter's. The Defendant, Smith, had pleaded first, that h hiti administered all the assets which came to his hands, except the sum of 41. ; and, secondly, that he had fully admi nist-red before he had notice of a bond. The other Defendant, Monks, pleaded that he had wasted the sum of 4001. of assets, which came to his hands through the other executor, Smith ; that he had be come a bankrupt and obtained his certificate; and that the deht in question was claimed under his commission of bankruptcy. The Sot iciroa Gas a ao. was proceeding to state the case of the Plaintiffs, wheu it was proposed to put it in the form of a question at law, whether the Defendant Smith WAS liable to the Plaintiff's de mand, having paid over the money to the other De fendant long previous to his insolvency, as his co executor. This being agreed to ; The Jury, by the direftion of his Lordship, found a verdict for the Defendant Monk, and againd the Deleadant Smith, subject to this point. SARTICS V. HARRISON. This was an action brought against the Drawers of a * BM of Exchange for 6,0061. 12s. and for an account stated. Mr. GAMOW, in stating this case, observed, that he could not see what defence there could be to this :talon. except they set up that Mr. Banner, one of the Defendants, WAS not a partner of the ;abets. It was customary with Mr. Banner to sign the Bills of their holm o per procuration, for Matthew lisrri. son and Co." And from this he supposed they in ferred he was no partner; but to this he had a com plete answer. It happened this Gentleman was to answer an interrogatory in the Court of Chancery upon this stifled, and had declared he felt himself in a very aukw.ird situation, being called on to say whether he was a partner or not. In order, there fore, to be conger, lie stated a case to Counsel as between A. and B. wherein he said he had one erint6 share in the profits of this house. This he thought a sufficient answer. Proof of the Bill was then put in ; when the SOLICITOR GENERAL, on the part of the Defend. ant, objefted to its being lead, nut having the stamp required by Aa of Path ament. After some few observations from the other side, he agreed to wave the nojeftion. and refer the whole matter in dispute to arbitration ; which being acceded to by the Plain tiff, a Verdi& of 10,0001. was entered for him, sub jed to Mr. Lowten's award. scam:suns V. MAZt. This Wll an anion upon a policy of insurance on the ship Lard Nelms, for 2721. wade: written the 27tb Novemeer, 1804. Tilt abip in quesittra mat i hired aimed Vessel be longong to Gosn•rnrnent, stationed at the Mother- Ault for the proteEtion of the trade. kln the Zirth of January last a tremendous gale came on from oast by east south-east, so that the vessel coiSld not keep the sea; signals of distress were made, and having a crew who were perfeitly acquainted with the coast, the Captain bore away for the next har bour (Dartmouth), where the vessel tailed upon the rocks And went down ; the crew► escaping with their lives, having lost what hrtle they had on board. Upon the cross•esaminvtion of Carnal:, Srnithie, who had the command of her at the time, and who proved those lifts, it appeared that, in consequence of this accident, he was dismissed the service, and rendered incompetent ever to serve in the same rapacity; bat the proceedings of the Court Martial, under which this sentence had passed, not being prodeced, this was not considered as admis sible evidence. The Soucrroa CINRRAL, for the Defendant , said, that application had been made to the Admi ralty for these proceedings, which, he was since in formed, the board never suffered out of their pos session ; but the fad was notorious, that Captain Smithie was rendered incompetent ever to serve, fru:n his utter ignorance displayed on that occa sion; however, having tailed in the proof of the fall, under such circumstances, he trusted the Court would excuse his taking any legal advantage in his power. It appeared, that the ship in question be long-d to the port of Dover, where she was built ; and, by the registry there, the regular indorsement upon the bill of sale, according to the Aft of Par liament, had not been made to the Plaintiff. A re gister, de ~ovo, had been made in the port of Lon don, but no indorsement. The original registry being produced, and this fa& appearing, after Lord Et.t.emaoso , :ca had ex pressed his regr"t, that the party should be turned round upon such is point, the Plaintiff was non-suited. Mr. ERSKINE then aoldressing his Lordship, inti mated a wish, that his Lordship, in his Parliament ary capicity, would interfere, and deliver tha mer. chants from this aft, which was so injurious to com merce, and oppressive in many instances. His Lordship replied, that it was competent to him (Mr. Eases E), or s , me of his learned frieads abut him, to bring the subjeft before Parliament. He admitted, very great hardships were suffered under this al, but, in many cases, it was essential ly necessary. • LITCRVIIII.D 7t. RIGEL ANIOCR. This was an aetion brought for tile use of the Plaintiff's ship, called the Wihate Gaeta. The ship In question, being a Prussian vessel, arrived at Li verpool learn Memel, with a cargo of timber, and from the charter-party, under the seal of the Royal Prussian Court of Navigation at that port, the De fendant was bound to discharge the cargo within twenty days after the ship's arrival at her destined port, or forfeit 51. per diem, every day she should be &tallied after that period. She arrived at Liver pool on the ed of November, on the sth she gave notice of her arrival, and on the tith the Defendant commenced unloading, and so continued to the 16th. when he stopped ; the dock masters ordered him nut of dock, and twenty days elapsed before he renamed his unloading, for which period this safticia was brought for demurrage. On the part of the - Defendant, it wls e eel 0- at the Plaintiff had agreed to the delay, f.r which he was to receive a silver coffee-pot, or some such rea sonable compensation, and that he remained doing nothing at the port of Liverpool till the month of May following. Bet the witness to these feßs being intereded in the defence, and the release which he had received, being insufficient in point of legality, he could not be examined. The Defendant having paid 151. into Court, as the reasonable amount ,it the Plaintiff's demand, the Jury found a verdict of 1051. for the Plaintiff. HARRISON end ()TURNS V. MILWARD and OTHERS. This was an action upon a breach of Contract, to recover the sum of 2,4.951. Mr. G sft now stated that the Plaintiffs were very respeClable merchants and contraflors to a large amount with Government to supply the troops with meal. The Defendants were considerable meal men and millers at Bromley, whose mills and ex tensive concerns at that place were hurtled down in April last. This anion was brought upon the non-per formance of an agreement, whereby the Defendants were to furnish the Plaintiffs with 500 sacks of meal at 90s. and 70 .acks of middlings, at 70s. at different pe riods, the latter giving 14 days previous notice, the rods to be delivered free of expence on board ships in the River. In pursuance of this agreement. the Plaintiffs accepted two hills for the amount at differ ent periods, the one for 1,2501. and the other for 1,2401. both of which had been long sine paid but the meal to this day had not been delivered. In May the Plaintiffs sent the notice agreed upon, eel in answer were told, that the mills were burned down, that all the stock had been consumed, together with the Plaintiffs meal, and therefore it could not 'be delivered. The payment of the hills being questioned. Mr. John Foster, of the Bank of England was called to prove it. In answer to an observation made by the SOLICITOR GLP/ AL, teSpCallig the words "value received its M. 411." and the custom of the Bank, he said the Bank preferred bills with value received written on them ; they did not like to discount ac commodation bills, and when once discovered, were always shy of them. The Soxiceroa-Geareat. considered this case, on the part of the Defendants, a case of importance, of singularity, and great hardship. The Plaintiffs had notice of the fire, previous to their demand for the meal. The contraft was made in November, 1841, and they did not make a de mend for the meal till May, 1805. The Defendants had set apart a quantity of meal from that time till the fire. by which it was consumed. They had speci fically ascribed a certain quantity to the Plaintiffs, and tht question was, whether a reasonable time had not elapsed, within which the Plaintiffs might have taken it away ? The Defendants' miller, John Stephens, stated that a quantity of meal and middlings. ti the amount stated, had been set apart for the Plaintiffs. How. ever, it appeared upon his cross-examination by Mr. GA scow, that those sacks of meal and middlings were removed from time to time to repel other contrails, and were replaced again. . Lord.Etteritolotiatt.=" This is the Most de. like an ascription of any thing I have ever met wait; he had dealt familiarly will it from rim to t for other eentraets. However,•l hope r Hill iv: a warning to Gentlemen not to Pay before hand. There should have been an adual delivery on b tr.f ship. lam bound to lay it down so, as the rde or" law ; but in this case, I wish I could have laid dawn lay other rule." The Jury found s Verdi& for tlte riaktiff., ' f 1,5371. 10s. being., price of the m.al, at the time of the contradt, together with the usual interest. calm r OF C')MM)N PLEAS, GUILDHALL. Saiags gr,t Mu Prigs', &PT Sir JAMES M•MSFI EL D. aad a Special Jury. IAGGLEHOIE C. ratmasine.. This was an aaion brought by the Plaintiff, a re speaable cornfaCtor. in Mark-lone, against the De fendant, a hop.nsercliant, to recover damages for scandalous words spoken by him, tending to destroy the credit of the Plaintiff. Serjeant SIIEPH/RD. as Counsel for the Plaintiff stated the rase. He said the objea of this aelion was not for the purpose of getting money nut of the pocket of the Defendant, but only to let the world see that the words spoken by the Defendant were false and scandalous. and could not be sup ported by the slightest evidence. He did not say that the credit of his client was, in fat, injured by the words spoken ; but, it was imoossih:. , for any man to have a doubt, bet that they tended to affea it, and that they were spoken for that purpose : for he would be able to she that they were spoken at a place, and in a company, which, the Defendant could not but have known, would be, above all others, the most likeiy to give it a general circulation. The Learned Serjesmt then read the words which had been made use of, making his ob servations on each sentence distnaly ; and con cluded ay saying, it was impossibf such words could be justified, so that his o sly object was Maliciously to impeach the credit of his client. Richard Atfield deposed, that he was a eora faftor, and knew the Plaintiff five er six years back. On the 12th of September last he was at Fern A 1, in Surrey, sitting with two other persons in the Line and Lamb lan. At about eight or nine o'clock in Cie evening, the Defendant came in, and, after sit ting a short ,ime in the r ism, said to him it How is your friend Charley (meaning the Plaint ff) .? he keeps the game alive—he went to Brightheimetose with a livery servant—he must have perry good business to run about with a livery servant. for no bedy will trust him for WI." On erowesamiris• Lion, he said he believed the Defendant begai the conversation, hut he would not swear that he himself did not begin it. He recolefted saying, in the course of conversation, that Bagglehnle had gone to litightelmstone with two rings on hie finger, and left his sister behind him, aed that he heard he wanted a cook, but could not tell for what vurpose. He remembered the Defendant said, it n'ould be better for Basglehole to stay at home and Wind his business. He allowed, that he said he And cell sired same malt to the Plaintiff, and slut he shif . him nut of about 201. by the job; and also, that he thfl his father out of 16 or 181. by sotne seeds he had given 1-"ni to dispose of. He further said, that he had not told any person of the transalnion, except his brother; and that Ire did this for the purpose of cautioning h:eis against the Plaintiff, as he knew he had conaiderehle dealings with him. It was not later than nice o'clock, and every person in the room was perfealy sober. Both the gentlemen were then in Court. Nathaniel Atfield, brother to the hat witness, is a corn-Heater, and lives at Farnham.. He knoses the Defendant, who is an eminent corn faaor. bring in Mark-lane. and has a stand in the market ; he nate had dealings with him to a very great extent ; three or four thousand a year, for the :asr two or three years, in the factory line, and believes him to be a man of the best charaller. Mr. Mindon. a corn-dealer, knows the Plaintiff nn the Corn Exchange, where he is considered a man of great credit. He has carried on trade to a con. sidetable amount for him. In the coarse of this year, to the amount of 5,0001. Mr. Nodin has known the Plaintiff these five or six years back; and from the great intimacy between them, and also from looking into Isis banker's book. lie knew that upwards of 100,n001. went through his hands, in the course of the year, far Commission business. On cross•examinatioe, he said he did not know him when he was an Attorney's clerk. Serjeant first., on the part of the Defendant, said, he did not mean to cast any refleaioni on the young marl who was Plaintiff in this cause. by setting his name d o wn with that of a very famous lady, he meant, Miss Robinson. of Blackheath, who Also made it appear on the face of her banker's book, that au immense sum of money passed through her hands in the course of a year ; thss he thought could be very easily effeeed by the means of 1004 which being many times drawn and lodged again, would soon make up a very large sum. He said it was impossible Ire could be prepared with evidence to centradift the body of evidence given on the part of the Plaintiff, as to the flourishing state of his credit, as he was not apprised of it by their decla ration, and if he was, he was convinced -he would not he allowed to go into it. There ha. been but one witness brought forward here to day to prove the word., though two others, who were present. are now in Court ; and if every thing that gentiernao says is true, you must have a very great opinion of the cha rafter of the Plaintiff. when his own witness cruld talk in such a manner of him ; he then observed on the evidence of the first witness, which ;re said was as much in favour of his client, as of the Plaint ff ; and concluded by seyinys, that the rea. en his learned Brothers. who were concerned for the Saintitf, had not called the other witnesses, who, is was to he sup posed, err ght have proved the seine fart. was, lest they should direaly contradiet him, or tell too much of the business. and say they had as bad an opinion of the Plaintiff as the Defendant himself. SinJ AXIOM A earitto'addressed theJnry.a^d said. that either of the parties might have c alled these AA3Pebefo:l4ll2l4-esitnlth.werninho,thwtahelteyeresPie'Stek''filt.nawdndalhaveidt:m.aerinf2oh°strhtehhFraglig.llaia.a2l .t I_ I 1, 1 .1 - i 1