The British Press; or, Morning Literary Advertiser. — London, England, 1805-11-16 00:00:00

E4# iNDiES. Rear-Admiral Sir Edward ['Mew, has, we na elerstand, purchased for His Maje'xty's service, the ships Karlooroo and Carron. The tot mer under the designat;on of Tier Earl lbw, and the latter, 74e Lord Duncan. In consequence of the ahnve addition to I lk jesty's spadion in ills Excellency Rear. Admiral Sir Edward I'dlew, Conniiander-in-Chief of Ms Majesty's squadr•n in the Eist Indiex, ha, been pleased to make the following promotions and appointments : His Majesty's .tip Eail Howe—Commander, Edward Rat fee; First Lieutenant, William Smith; ditto, Ch.o:les 'tole ; ditto, John Everard ; Surgeon, Shari Manama' ; lorser, Gouge Dale. His Majesty's ship Lord DitocanoeCnimmintlir, C. S F. 113. t..; Ist Lieutenant, Christopher Ninon; 211 rittin, J o hn U, liihn; 54 ditto, Rotten litcleJrni ; Surgkoni, Willi2llll Joseph Surioril. In consequence of the East India Company's frigate the Cur,tvallir, and the fir Edward Ifusba East Indiaman having been transferred to His Ma jesty's service, His lr.xcellency, Rear-Admiral Sir Edward Pellew, Commander-in-Chief of His Ma jesty's squadron in the Last Indies, has been pleased to make the following promotions: The ship Or noallis—Wi!liain Jones Lye, Esq. Acting COM- Kennitliorne, First Lieutenant; Ja Crosby, Second ditto; Henry hlwn, .flind ditto ; Lim:mane, Fourth dittn. Met-sty's ship Sir Elwar4 linglie; —l4 II Christian, Captain; WilltarnCrasaey,First James WalLics, Sevin(' ditto. His Majesty's Stip Vial-no...Gente. Bell, r m . Cninman!er, hoin Ili. Majesty's Snip Cullisten, Chri.tioo, pro -1,1140,1 into the Sir Edwaid C.4,pt• a J. Cramer, et His MiieSieS Sloop of War Rattl., mile, is made Yost Captain into 11,4 Majtsty's Ship Concorde. TO THE EDITOR OP THE BRITISH PRESS, SIR—In vollf RiOgrepilieal Sketch of the late Lord Nelson, ment on wa. made of his arm iss.law, I.;eutenatit Nesbit, haring saved land Nelstai's life, er TenerifFr, 01111.0 circumstances which reflex 9 , 1 'TWO crarht ou toe email, man, bath as to his presence or mind, to daa,••nni. entereetwa, and his anxiety Inn the safetr of his mrehr.i's hurbind, viat 1 3 .I.4.ntlfilifti 160 ootims Is taken of nine at the present time. We hearo f the Fad Nelson, the VIAC.OIIIIt Merton. the beautiful Lady Char lotte N-Ison, who haw.• barns sleeping in .heir Lek whilst Phi bank, of Tem-title. die Nile, and Trefalgar, were fighting; but I should like to know what w beenme of that relation to his Lordship, whose timely mine snatched him from the jaws of death, and was there!iy prosi.lentially the netsais of pisaervine him in perform the 'won hoiliant exploit. of his whole career. If pie caution. some aCCOUftle apparently heeemeil branch of Lord Nelson's connections, you will meta oblige your humble servant, Noe. 13, A CONSTANT READER. DUKE OF GLOUCESTER. The fnllnwine is a correct Copy of the !age W.II and Testamer t of late &flat I.ll , fhneet the IPuke of Glouceiter, Sc. a. pTO . at . William Henry, Duke of (a!tineentid, do 'mike this my h a y w ill. an d teseaperir Flawing henrtofore raii•A • sou t to be made in St. Ciienrite'r Chapel, Witieuir"C'alitie, I do here by declare, that it is not my desire that my body should he depeit:d in that vault, in preference in any oilo r that man be thought rupee; and I do earnestly triune, that my hod, may not he "lie iril after my tewasitt sod in reennd tbat, since the mak.itic of any fur net will of wills by rye, circum stances have:oaten to male inc Walt another arreieeniout w e re proier; therefore 1 'ire ti Mane, Dtletl2,4 of (Vain cater, all net tonameatn, par ir.ohorieia, arta . I other matters and Cling% what...ewer, heiimeintg to her tier-tie, for her own absolute toe, for e'er; and I flatter my-elf, mid hope, that she may he comiii. , t I AF the King in like 11141i1O - : 111 the Duchess of has hero. I give awl hee il ieil, all nn malt a,i t eiTecen, of what nature or kind meirer, which !Mal. d epionzniied of, Or 2OPllPtiltilto (s•stij t tit- pay 'wilt "i wyd. btu), unto thy son, Prince Wm Frelenck, and ma darr.t7r, Princely S iyhia Mati.da, sinus and .ham alike; and I do hereby appoint Loot saunter and er•teritifitt of this Ivy will; and I Inueby revoke all burner will and by me heretofore matte. In • itnes• • hereof, I hare, to thin my I int will and tatament, set my kind arid seal, tint eighth day of July, me thousand seven laundr.wl and timely one. WILLIAM lIFNftY, I S.) Signed, s-ale,l, pindediad, and by the toil Willison floury. Mike of Cilonrenter, 114 .04 cot will awl mi•roictit, in the rewriter of hn pawns-, at hi. ',quest, and its the presence of euell other, have tularcribod OUT U• 0124 24 WIPIVII , A WILLIAM hARKI.F.Y. J011:4 KNIGriT. EALLOWHOWN. The fl,from, Gs now, faun Yarmouth. is taken, and carried into Calais. The COPPII ww.l sloop of war, from the None, is ar- rived in the Elbc. The Brilaa..li v, of London, was all well on the 22d of May. round Cape I ; .he was in /wined at the war. Three or four vessels wale de tained in port. The Driern4,e, Aalt I Ell, from New-York, for Amsterdam, is detained, and sent into Portsmouth, by the The Bettop, Oucurow ; and the SaPy,l; ALLIIITTI vi Liverpool, are condemned at Surinam. The Expedition, which lately sailed from the Downs, was seen off the Texel, nn the 10th inst. on its way to the place of destination. A liver from the West Indies, dated the Sth Eept , Nnbet, states, that an American had just ar rived from Martinique, with an account. that off the coast of Portugal, he had been brought-to by a division ot French ships, consisting of three sail of the line, four frigates, and two brigs, who informed Lini they were hound to the West Indies. Private letter; from Holland, uf the 11th instant, were received on Thursday. They mention, that in telligence of the viClory over the Combined Fleets had reached Rltterdom from England, and bad caused an uncommon seasation. One letter, in particular, mentions, that information of this im ortant event had also been received from Paris. the writer says, " It is ascertained here, that a se vere action has, at length, been fought, between the English and the Combined fleets, off Cadiz: all that we hear on the subjeil is, that ten sail returned to Cadiz, not being wanted in the m!tion !!!" General MACK, whose late conduct (which we trust will be rigidly investigated,) has been so much the topic of animadversion, has never, on any occa sion, signalised himself as a military commander. If he possess any professional merit, it is as a dis ciplinarian ; in which be is said to be a inereMartia. / the Hero of a Rroin:. He was thought somewhat of an adept in diplomacy ; and, in one of his mis sions to this country, last war, was complimented irh a present of a valuable sword, catch, together with that bestowed on Lord Hisses:. makes an item iu the extraordinary expenditure of the civil list, of 17311. 101. • • • LAW INTELLIGENCE. I COURT OP Cli ‘NCF.RY, Nov. I:, WHITE r. WILLIAMS argel °Turas. This WAc a hill tiled in th' Court of Chancery in the year WI, by the Plaintiff. against the Defend ant. and Messrr. Manley, Cohan, Roebuck, and others, at trusteos of the estates, plantations. and effi , as in the West Indic., id . William lVhite, de ceAced. The ease, as stated by Mess►s. Ricusrins and Ansa. Counsel fnr the Plaintirf, was, that in the year 1779, Mr. William White, who was then in partnership with Mr. Elwardi, and Mr. J. White, his brother, finding the affairs ot the partnership very much embarrassed by debts, made over, not only his own estates, plantations, trade and efffEls, with the management thereof; but also those of his partners, to the Defendants, in trust, for the pay ment ot the incuirilmmces The trustees were to continue in office for the space ot three years; ar the expiration of whlls, it was calculated, that the whole of the debts, amonnting by estimation, to 45.0001. would he finally liquidated; or, it not, certain estates were to be said off by them for that purpose, and :he remainder•pahl over to Mr W. White, or his heirs. It was stipulated, that while the trust continued, certain annuity should he paid to Mr. IVilliam White, and of 4001. a year to Ilr. lnhn White ; in his default, ro his wile, for the support of herself and family of nine children ; and in default of her,' to be paid for the benefit of the children. The Learned Gentleman farther stated, that no arrange ment having been made in the course of the fns three years, the trustees continued, ever since, in the manazement, sod, till the year I 811, continued to pay Mrs..l. White her annuity, after the death of her husband. They had appointed Mr. II illiam White their agent, for the management of the con cerns, three or tour years ; but, on the ground of his not managing the business Adviststagennsly, they afterwards recalled, a•id sent another to succeed him. In the mean time, Mr. White also paid the debt of nature, and, ha% i ig no isvie himself, his nephew, the present l'laitititl, Mr. R. White, became his heir at law. This gentleman (being of age in the year inOt ), finding hi:nself of age, called upon the Defendants, to let him insp.% their accounts, hat they replied, that a partial inspeetioa of them, here and there, could be of no use to him ;that they sad no objesclion to give him a copy of the accounts, but that he must employ an accountant for the purpose himself, as they were so volumin ous in tile course of so many years, that they could not spare their own clerk to perform it. When he hint< d at all iil , lllSlig/41011 of them in a Court of Equity. they, or sonic of them, dissuaded him from doing so, observing, that it would require twenty yeart. end an expellee of 10,0001. to have them ex amined into in a Master's Office. In some time after this, and in the year 1801, one of the trustees wrote to Mrs. J. White. - still remaining a widow, that the trust had received a notice from the Plaint iff. that he considered the trust to hive been by that time completely f u lfilled, and that of course the estates and plaiitatious now belonged to him. The letter adJusl, that, catisecinently, slue must sen longer draw on them for hi r annual allowance, as the Plaint iff was the fittest person to support his mother. &ace that time, the annuity was aiscontintiel, and • lie lady left without any provision for the support of her family. Subsequently to theft 7nce-ding% Cie Plaintiff received a notice from the ti ,s tees, thet ever anxious to do what Was j ts r, they were deter mined to have their accounts cleared in a Court of Equity. The.Cotinsel further stated an admission on the pin of the Defendants, that the Defendants during the 26 or 17 years they had remained in trust, th^y received an account of the said trust sums to the amount of 15;3,0001. The statements made of the various branches of these accounts, and their application, are el.trerriely intricate, tedious, and volumitious ;, aid in this es-psott state of the proceedings, we should no: think ourselves warranted in repeating the argu mmts and comments of Counsel in the condo& of the Defendants, and the hardship of depriving this family of die I...Toni:try means of maintaining them selves through all the dilatory and expensive pro cesses to which they were likely to be subjeeled.— Utley admitted, that they could not be prepared for encountering ageneral account of all the transac tions of a Colon ial trade for such a series of years ; but submitted, that they had made out sufficient ground fur inducing his Lordship to order immedi ately. that Mrs. White should be paid off Lite ar rears of her annuity, and that the Defendant should receive from the Trustees an account of the dif ferent sums they had received for the trust, with the manner of their appropriation; and that, should his Lordship think it proper to do so, the different balances remaining in their hands, should be paid into Court. This cause, with the speeches of Counsel upon it, and the reading of such parts of the Defendant's answers as it was thought would make in favour of the Plaintiff, occupied the whole of the day. ATTOILNEV-GILNLRA L. Mr. Houtccr, and others, are employed for the Defendants. COURT OF KING's.RENCH, WL5T111,461 . 1.R, Nov. 11. 'I he Cou:t was occupied, the greater part of the slay. upon law arguments. SHARP V. OLAD6IO,M. _....... _ _ This was an action for money had and received upon a Policy of Insurance upon freight, the ship rises, f r om Petersburgh and Elsineur, to London. The cause was twice tried befor e, and argued last term at great length. There had been an abandon ment by the Assured, to the underwriters, upon ship and cargo, an I the epiesti,in w 4% whether the un derwriters had a right to make a deduaion of cer tain charges fro•ro the total loss. Mr. PARK, for the Defendant, argued the case at great length. The ship in question had been de tained at Sr. Petetabitrgh, by rider of the Russian Government, the captain and crew sent up the country. and the cargo taken out. This detention not being of any hostile nature, they retained to the ship, and a great part of the cargo was 3e.r.liipped, assd some other goods put on boatsl,to load her com pletely. In the mean time, the assured had Aban &used het to the underwriters, Andon the ship's re turn to England,the Captain, who was a part owner, made various charges for occurrences during his • . • !. . . absence, himely, wages and provisions for this crew, during their detention and voyage home ; post charges and freight ; wear and tear of the ship dur ing the vintage, ikc. 'sc. All of which, the Learn ed Counsel contended, he was not entitled to claim, as against the. underwriters; in stlppuil of which ar gument, he recited several recent cases. The Sotscirqx-Genertar., on the other hand. admitted, that the total loss had been paid by the underwriters, upon the abandonment of the ship and cargo to them; hut, twin that moment, they only became interested in her ; if the ship had been lost, this question could never arise, and, at all events, the Plaintiff was entitled to salvage. The voyage home was on Account of the underwriters solely, and they were bottnd to pay these necesary expenditures. The Court considered, that whit had been done, and the expenses which had been incurred, were for the benefit of both parties. The ecpences of freight, wages, and provisions, during the detention and voyage home, and port charges, should be allowed. Their Lordships therefore pronounced judgment for the Plaintiff as to these points. The specific amount to be referred to J. P. !tanker, Esq. for his award. ... HICKS V. CHATTERI.V. Mr. CLARKE moved the Court, that the Defend ant in this case mig ht be discharged, upon filing common bail ; and that the Plaintiffs might be ob liged to answer the matters of an affidavit. The Plaintiff was an Attorney of the Court. and bad brought his affirm for 2001. against the DJ gendant, for holding a tortinus possession. Upon which. he mad.. an affidavit of the debt, and caused the Defendant to be arrested for the sum of This tortious possession, was the withholding of the key of a hall d. rof premises that the Defendant htd no right to deliver up, upon which the atlion was brought. - The Court granted a Rule to :hew caaie, upon the whole 1)f the application. SA.NIE V. oanVz. Mr. Ras r moved for a similar Rule in this c tse, which arose out of the very same transatban„ v. all the foregohig cause. wt., brought for die sum of 9l t ss. Gsl. composed of money, stated to have ben paid for Poor, and other Parish rates, for various journeys, and attendances upon legal transaaions, Scc. &c. which the Defendant had nothing to do with. The Court granted a Rule to shew C./11$4:. COMMON PLEAS, No.. 13. F 11 r, qui tam, r. P ESC $4. Serjeant BAN ter hewed cause against a Rule Nu;, obtained by Serje int Sits r, to set aside the judgment; which passed by default, ua account if irregularity. The anion was brought to recover three penalties from the Defendant, who keeps A tavern in Fetter lane, for selling game. In the affidavit of the De fendant, it was positively stated, that lie never r•- ceived a notice of the D:claratian, and, on that ac count, did not take defence. On the part of the PlaintiffS an affidavit was read, which positively stated are s-rvice. Cu this affidavit, some objenions were made by Serjeant BEST, on account of inter but the Court over-ruled them. The Learned Serjeant then urged, chat, on payment of costs, the Defendant should ba allowed to go to trial on the merits of the case, as this was an anion on a penal statute. Sir JAMES Nl...ls:in:Let delivered his opinion ra ther in favour of the Plaintiff ; and it was at length agreed, that the Defendant should pay one pedalty t And all the costs incurred. •nie. Court adjourned at an early hour; after which' Sir JA Nis MA NSF lEL wentto Guildhall, and sat at lasi Pries. There were but few causes, most of therm were undefended. PLAKt OnWNEY. This was an airtir)ii brissight by the Plaintiff, a ship owner and merchant, to recover damages for scan dalous words. It appeared, from the evidence nn the part of the Plaintiff, that the Defendant, who was a glazier, came in the beginning of aFtuber last, to the house of a Mr. Steward. in the Comm..ircial Road, and, without any reason whatever, commenced a most abusive strain of language, calling him a rogue, a thief, and a swindler, charging him with forgery, and swearing he would have him hanged for it. Serjeant Sit ttttt o, on the part of the Defendant, addressed the Jury, stating that this was not a case which called for vindictive damages, the Plaintiff being, at the time he said these unguarded words, in sta:e of intoxication. He, therefore, hoped that in delivering their verdia, they would cnusider the little injury, if any, done to the Plaintiff, and also the slender circumstances of the I tefendant. Sir J A MES falss.ri ELI) summed up the evidence, and informed the Jury, that as the Defendant called nn witnesses, the Plaintiff must have a verdict ; but as to the quantum of dam ages, he left it entirely to them to determine. The Jury, after a few minutes consideration, found a verdict for the Plaintiff, damages 51. A letter-carrier, belonging to the Past-Office, un derwent a priyAte examination, yesterday, at t►e Mansion-k loose, before the Loan MA von, charged on saspicion of secreting a letter, containing Book Notes. On Monday last, as two gentlemen were shoot ing near Ilanhorn Cleeves, in the parish of Bitten, in the county of Gloucester, they wet e attacked b) eight men, who knocked them down, robbed theta of their double-barrel guns, and then violently best them. There were living, a few months since, in one house, not seven miles from Wigton, I great grand mother, 2 grandmothers, 3 mothers, 2 wives, I widow. S daughters. 2 grand-danzhters„ and I great grand-Janghter ; yet, in all, only tour persons. It is with pleasure we state, that, amongst the many successful inventions of the present age, Mr. VisreiM's Method of curing the Distorted Spine, stands unrivalled ; some hundreds, of ho:h sexes, who hive recently laboured under the greatest pains of bodily deformity, being now able to bias: of the most elegant shapes. By applying to No. 2, Upper James-street. Golden-square, where. on the most liberal patronage of the Faculty, he con tinues to cure, for stipulated sums, all p:ornin,-n: deformities of the Back Bone, Limbs, Sec. with yat the assistance of iron, steel, or any other metal. P041,a. • • finwiT newt. TIIEATRICAL FRAC"IS. • We noticed, yesterday, a fracas which rook place on Thursday night, at the representation of the L ew Comedy, at Covent-Garden Theatre. It consiitteed a sill of !alert's* beween the Secend and ghirti Atli, and displayed much praaical wit. end some very parreabte bits. Yesterday, the. asarties, with their Witnesses, attended at ,the Office its Bow street, to obtain warrants jagaMtt each other. The elide of time was happily preserved ; for both parties meeting at the same moment, it was agreed that they slesuld immediately go before Mr. Soso and Sir IV. PA mist - 4s, and submit their new piece to the criti :al acumen of them two respeaable Magi strates. One of the heroes was Mr. Henry John.. ston, of Covent-garden Theatre; the other, Mr. Jukes, a young gentleman from the city. We stated, ye,terday, that Mrs. Henry John ston played Olitna, in the new play ; that her dress dis played a purple apron, with '"Nelson," richly em broidered in guld upon it. and various raaval insig nia, with a pearl ornament on her head. represent ing a ship. Her dress appeared to us well adapted to the day; but seine ',edits and Gentlemen, in two of the boxes, includ:ng Mr. Jukes and his friend. amused themselves with quizzing it. One thought her head carried too much sail ; another, that she ought to have let nut a reef or two in her petticoats. These observations could not afford much pleasure to Mr. I lenry Julie-ton, who thought to put tern down, by frequently calling silence " This re quest not being attended to, from words the parties came to blows, and Mr..lukes received a black eye. His clothes, as also Mr. Johnston's, were much torn. The evidence not being clear, as to who gave the first blow, Mr. Dose advised the parties to s h ake hands ; te which Mr. Johnston ;greed I but Kr. Jukes declined ; and it was ordered, that the bu siness should stand over until evening. Mr. 160N0, however, reprimanded Mr. Jukes's friend, who eras in his company at the Theatre, and behaved in the SAM manner as Mr. Jukes. He is a resting gen tlernen, resident in the city, and appe..redera be elaeut twenty years ef age. In answer to the Magistrate, the Timing gentle m.;ll said, that he had been to the flwatre almost eve" night since it opened, especially when Mr. N,enitilc And Mrs. Siiidons performed, and :could le e en bee to see any of Reynold's product;uen, or • sy 402:1 trash ; he would as soon see th..! Farce of Gate, as any one of licyncilles plays. Mr. lie o told him, he must not go to the Me ere to annoy the whole audience, her:aux he may heopen not to like the author. At hall past seven o'clock last night, Mr. Johnston aud Mr. Jukes, with their friends, attended again before Mr. Been and Sir We. PAASONS, when several new witnesses attended, who were present at the sea- CU. Their evidence, hmsever, did not throw any new light upon the subjea. Some of the witnesses said, they heard Mr. Charles Kemble. who was in the box with Mr. Johnstou, request bins to desist, as he was in the wrong. The Meats reel - c.s again recommended the parties to make up the business. They consulted for a few' minute', when one of Mr. Juke's friends proposed. that Mr. Johnston should make a public apolozy ie the Theatre. One of Mr. Johnston's friend; etclaimed, lie wi.iisd he might break his neck, sooner than submit to this. Ile parties were then ordered to find b::il to appear at the Sessions. Ed...ard Nelson, whom we lately stated to have been brought to the office, on a charge of assaulting a woman. when he was recognised by young Crocker. as a pelves who had retureod from transportation before the expiration of his time. war brought up for re-examination ; when his con viaion was proved by a certificate of Mr. Kirby. The Prisoner said he had made his eseape. about two years ass, from the hulks. by swim ming a mile and a half, with his irons on, to shore, at Portsmouth, from which place l,e walked, by night, to London, to his father'. house, where. with the aid of two knives, he extricated himself from his irons, and threw them into the Serpentine [liver. He afterward. entered himself a sailor on board a man of war, and was in the flee under Sir Robert Calder, at the time it engaged the combined squadrons of Fratice and Spain. He was committiel for trial. ANoN'iatOllS LETTfitS .kND TI.RCELS . Mr. Wallace, who keeps the Ale Cellar in Spring Gardens, attended before the MAOISTIRATtS j and stated, that tic had lately been put to considerable espenee and trouble, in consequence of several annnymons letters and parcels being . sent to bins. He' produced a number of letters signed Richard Crossley, sent from different parts of the country ; and for which he had double postage to pay. Yesterday morning, he received a parcel, very se curely packed up, by a porter, for which he paid a shilling. After the porter was gone, on opening it, the contents proved to be a human scull, several hu man bones, four empty bottles, and a box with some teeth iii it. rbe following bill of parcels was packed with them— To three putters of a skull, with two teeth in L. .. A. the uvoar jaw t 7 0 Ti quanta+ of bone., in Rood presterritinn . 0 Is 0 To bow bottles nt nett tenable contents . 0 10 6 To a box of teeth, in cad order . 0 7 0 LJ 2 6 Mr. Wallace further stated, that he was lately sent for to the Society Jae the Suppression of Vice ; he accordingly went : when the Secretary was very Polite, and thanked him, in the name of the Society. for his exertions to serve the cause in which they were engaged ; and they wished for a little further information. This language appeered very mys terious to Mr. tcelleci!, and he told the S.eretery, be was a stranger to what he alluded. The Secre tary, in Lis turn, was astonished that Mr. Wallace did not understand him ; and be produced a letter, purporting to be signed by Mr. sVellace, giving in formation, that a brother publican, of the fume of Crossley. in the Haymarket, kept a disorderly house. And, on inspeaion, it proved to be the same hand-writing ; although they evidently were a &ivied hand. Mr. Wallace assure.] the Secretary; it was a forgery, and that he did not believe his neighbour kept a disorderly hon.:. he Mauistratrs ioked Mr. Wallace. whether he suspected any person Ile replied, he did nun sus pen any individual, as he had not given asses to sr . gse. jr.• ir tag ha's.