The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-18 00:00:00

L.4W COURT OF ICTNirs BENCH, GUILDHALI, Dec. 17. S.tti , :gs et Nici Priers, Lfore Lord ELLISNEOROUGH, and 4dzial jurirs. EGERTON 4. MATHEWS. This was an atator upon a breach of contraa, en tered into by the Plaintiff, with the Defendant, for the purchase of a quantity of cotton The Defendant bitcarne bankrupt, and the con tra& had been entered into before he procured his c ertificate. After he had obtained it, the contrail was resigned. The obligatory part of the contra& being only upon the Defendant, and not mutual, and bean:; vacated under the statute ut frauds, the I Saintiff was nonsuited. WILLII r. THEW ASD OTHERS. This was an anion upon the case, to recover the value of the Plaintiff's sloop, lost by the negligence i n the Defendants. It appeared that the Plaintiff was the owner aril raster of the sloop the Ann and Mary, laden with .one, from Dundee bound for London. The De •ndants we:e the owners of the brig collier, Mar, On the night of the ^Stli of May last, the .Ina Cld Mar!, was mining up to Yarmouth Lights, with I :a; wind South West on her larboard tack, at the s ime time the brig Mary At..a was coming down ;auth East within two points of the wind. The night was then so clear that sliii:s might discover etch other at upwards of half a mile distance, and when the Ann and Mary perceived the brig coming down to windward upon her weather bow, about a quarter of a mile diAance, she hailed her repeatedly to keep clear, but no answer was returned ; by that time the vessels were so near, that the brig must in evitably come athwart the sloop's mid ships, had she not put the helm down ; but even with this ma oeuvre the brig struck upon her starboard bow, with such violence as to carry away the bowsprit and windlass, and tore the,plank off round the bow down to the water's edge : the vessel immediately filled with water, and in less than a quarter of an hour went to the bottom : the crew had just time to launch their boat, and at last gained the Light house. When they found the sloop sinking, they called to the people on board the brig for God's sake to assist them ; but she bore away and took no notice. The Plaintiff at that time did not know what ship it was which had done the damage ; hut by means of hand bills, and some damage she her self had received in the reneounter, the Defendants were discovered to be the owners. When the Cap tain was applied to, he acknowledged he had done the injury, and said he would apply to the Com mittee a Associated Underwriters to make good the damage, as he belonged to that society. When taxed with his inhumanity in not taking up the ship wrecked sailors, be declared he was frightened for himself. lest his ship should be ii:iren upon the Newarp Sands; and further, having looked oat, he could not see her, but supposed she had cantinued ber course. The boy, who, it was alleged, was at that time en duty to keep a good loc.k out from the forecastle of the brig, was not produced. fett in the evidence, which the Defendants could not get over ; and as it was the well-known law of the sea that a vessel going before the wind should give way to one working against it ; and as it was proved that the sloop bad given suf ficient warning, the Jury were bound to find for the Plaintiff. It appealing, however, from the registry, that one of the Defendants, James Jobson, Was not an owner at that time, a verdict was entered for James Jobson, and against the ether Defeadants, for the full value of the sloop lost, to be ascertained by one of the Jury. To elucidate the subjet, two models, one of a brig, the other of a sloop, were iatroduced upon the table of the Court, and there manoeuvred according to the transartion In the course of the trial, Mr. ESSKIWE applied to Isis Lordship, to extend his prote&ion to one of the witnesses, a sailor, who had been impressed on his way to Court, and when the officer found he was proteCked by a subpiroa, he took his proteetion as a northern fisherman from him, until he should re. turn. His Lordship accordingly ordered an officer of the Court to attend him, procure his proteftion, and prevent his being molested. MAYNE V. MOFFATT. This was a case in which much intricacy of ac counts WAS involved. _ _ _ The Plaintiffs were the Assignees of Messieurs Thompson, IVinte, and Co. bankrupts, who brought this anion agai.ist the Defendants, Messrs. Moffatt, Kensington, and Co. bankers, f-r the recovery of a sum of money, lodged by them as a deposit in their bank, on aceouat of the bankrupts' estate.— In the coarse of some antecedent uansatlions be tn•een Thompson and White, with the house of Pa.. yillon, who also became insolvent, a balance was due to the Defendants, and Papillon had paid into the bank a quantity of Thompson and Co.'s paper, which covered this balance. Same time after, a draft was sent in, signed by Thompson and Co. which the clerk of the Lkfendants paid in the ab sence of the Defendants ; but, on finding out his mistake, he next day demanded back that sum, but was refused. Sometime after, the house of Thorip sm, White. and Company, became bankrupts, and the Plaintiffs, as Assignees, lodged a large sum of money in the hands of the Defendants, to the credit of the bankrupts' estate; which sum, the Defend• ants now sought to retain, in discharge of the ba lance due to them by the house of Thompson, White, and Co. In the course of the proceedings, much confits'on ara.e, as it appeared, that Mr. Thompson had for merly carried on business, under the firm of An drew Thompson and Co. and had latterly taken into partnership his clerk, Mr. White ; and, although the firm theta became Thompson, %% bite, and Ca. yet, from the evidence of Mr. 'Thompson, it ap peared. he was the principal himself, and White was only paid as a Cietk. - • The Jury, u;:der the direnion of his Lord Jain, found, rest, that the money paid by the Clerk of the Defendants WAS raid by mistake ; and then found J verlia of 1, .4. for the Phtintis, suhjea to a point of Law, for the future considera tion of the Court. IPASTVItIt V. TOMLIN. This was an action against the drawer of a Bill of Exchange, and the defence set up wits, dust it had not been presented for acceptance in due time. It appeared in evidence that the Bill in question was drawn by the Defendant, who was a merchant at Manchester, upon Messrs. Darby, at Leghorn, for the amount of some goods consigned to them. The Hai was drawn on the 7th of June, payoble on the 10th of September, ISO°, but was not pre seated until the 29th October. At that time the French were in the possession of Leghorn, after having been quartered within twenty-five miles of that neighbourhood, for a great length i:f time, and were in the constant practice of intercepting all the English correspondence: from which event, and the number of endorsers hands the Bill had gone through upon the Continent, it did not arrive at Leghorn, until the critical moment when the French entered that place. The Jury found a verdict for the Plaintiff of 4201. including interest. _ C.:MMON PLEAS, GlALotutt.L. Si!liar at Nisi Pr , trs, &pre Mr. o ffis l ice CFI Ail BRE. HIRST V. PATTERSON AND OTHERS. This was an i,!'tion brought by the Plaintiff, who lived in Manchester, against the Defendants, who were proprietors of the mail coach running from Manchester to London, to recover the sum of SM. 3s, lid. sent in a parcel by a:two:tail C 034.1. - It appeared that the notes were packed up and carried to the coach-office by the Plaintiff, and that he t.. 1 I the clerk there was money to the amount of sil. and upwards in the parcel ; but th.. clerk refusing to take ch urge of them, unless the insurance was paid, the Plaintiff said he would not pay it, but that they might take their chance. The Plah.tiff was nousuited. Abbe DE PltAnT is nominated by BOVA! A RTE his master of ceremonies for introducing the clergy. A letter from Dover of the lfith instalt, says, The French lugger privateer mentioned in my last, as having ta7,:en a brig, arrived here on Friday evening, about eight o'clock. She is named the Cruiser, of 1.5 guns, of different calibres, and men, and was taken by the Faziiiiirite sloop of war, Capt. FOOTE. after a sh ern chacc ; the Frenchmen supposed nothing would cat ch her, she sailed so fast, she was going I 1) knots an nour, when taken ; one of the crew informs me, there are two others of the same kind, one the same size as this, and another bigger. the had taken five vessels since she was first fitted out, and is a very handsome vessel. The crew report that there are upwards of 7,000 gun vessels, transports, Ste. at Boulogne, Calais, Dun kirk, and Ostend ; but I third: this account must be exaggerated. They say all the houses without the gates at Calais, on the Qtay, under the Cour de Gaia Wall, are converted into guard houses, and every means adopted to strengthen both Boulogne and Calais from a sudden attack. It is much to be hoped the Furourite sloop will be continued on her station off Brighton, as she sails so fast, to counteraa the depredations of the other two tuggers. Nothing but a fast vessel like her can catch them." Extra& of a Letter, received from the Northam. ler!and, off Ferrol, Dec. 7.—" Our squadron con sists here of nine sail of the line. Admiral Coca- RASE is to be superseded in the command, of which he is in daily expeelation, being appointed Com mander in Chief on the West India ( Windward) station. Orders were received by the litiotrentiv, i:rit to detain any Spanish vessels ! The SpAniards are in much ezpeaation of war, yet, they continue to supply oar sluadron as usual with fresh meat and vegetables." The Progrris, DA wsorr, from Petersbnrgh, for London. that was on shore at Saltholm, is got off, and arrived at Elsinore oa the Ist inst. to repair. The De,ialus, hum Hull, for Kuningsburg, is stranded i.ear the latter port. The vrow Margaret:4, GROS, from London, for Embden, is stranded near Norden; part of the cargo saved. _ _ _ _ _ The Raster, Oarors, from London, for the Baltic, is on shore on the Swine Battery. The Catharine, Me t SON, frOM Dantzig, foundered on the .13d ult. off Bornholm ; crew saved. The Elisabeth, GLASS, of Aberdeen. was totally lost on Memel Bar on the 12th ult. ; crew saved. The Month:tuna, American ship, arrived on Sun day at Dover, from Amsterdam, bound to Boston, with iron and millstones, states, that the French totally disregard the late decree of the Dutch re specting their commercial affairs, and have sent a body or French troops over to the Texel, to enforce their orders, and chew the world how much atten tion they pay to the laws of their allies. No person is permitted to travel in Holland without a French passport, as well as a Dutch one, and the greatest exactions mid arrogance are practised daily by the French rfficers, with impunity. The Swedish Agent, Ds LA Toes, was released on the Ist inst. from the Temple, with orders to leave Paris immediately for Sweden. All his papers are, however, detained. The newly-cenverted Jacobin Print says, " Our Court, as was to be eipefted, has acknowledged the Emperor of Assists. Mr. Aatitcs PAOLT presented his new credentials to Hi, le seat AL Ma- J EST ron the 30th of lA..t month. It seed have bens invader and anZ(IC to ,zee nufthial ti MI (Eck amid'. It was r.o recognition of any title or power usurped or stolen from another—the family, the power, remained the same. It wit as if an indivi dual chose to change his onn Appellation, or the name of his estate. We might think his motives puerile, but we could have no pretence for with holding our acknowledgment of him udder his new name or designation." this may be very true, as put by Me Corner. The owner of an estate may call it Chalk Farm, Copenhagen House, or the Treasury, as he pleases ; but. supposing, a tenant upon an estate wera to style himself Lord of the Manor, altho' neither suit nor service followed, does the b...diaor of The Courier think that it would be unwise and impolitic, on the part of the other tenants, formerly his equate in rank and title, not to acknowled;e him? The Morin ea, we tied, has got sin able supporter in Tic Courier. The day may come, when political apostacy, ignorance, ana impudeece, will be bound to supply but poorly the absence of every proper recommendation. SMITHFIELD CATTLE SHEIV. • Yesterd iy being the principal market-day, pre vious to Christina::, Mr. Wootton 's yard, in Smith field, was thronged with company, for sev..ral hours, to a degree which deterred many persons from at teinpting to get in to view the cattle. A mong the crowd, it was with difficulty that we distinguished, Prince Esterhuy„ Hia Grace the Duke of Bedford, Lnrd Somerville, Lied Sack.,lle, Lar , l William Russell, Sir Thomas Carr, Thomas An•v:i, Esq. Robert Byes, Esti J. P. Paul, EN. Charles Gortkin Grey, Esq. Money Hill, Esq Wiillant Northey, Esq. Moseley, Esq. Henry Holland, Esq. Neil Malcolm, Eon. Messrs —Weitctr, Perry, Buckley, Crooke, Fleet, Frost, Parkinson, Ratclile, Peacr, Reynokla, Jennings, Gras,, Tay, Whybro, lfud.ou, Knowles, Garrard, Farey, Wil,on, Coringe Jellico, J. Gamer, S. Davis, Oakley, King, Tooke, W. Smit:i J. Smith, Payne, J. Beri 7 l, h &krill, Capt. Perry, Berge Itackur, Ac. ke. Sir William Curtis's Bailiff, Mr. Whybro, was present, and explained the seeming mystery, re specting the two black heifers, which had so much puzzled the breeders on the preceding days, by stating that they were by a Suffolk, instead of a Devon Bull, as he had stated by mistake ; the two yearlings shown yesterday were by a Devon Bull, out of the same small Indian Cow, which has been fifteen years in Sir William Curtis's possession. A very large and tall Hereford Or of Mr. Westcar's, which had been brought in since Saturday, was much admired. Mr. Robinson shewed the carcasses of the three Lincolnshire sheep, which had been exhibited on Friday and Saturday. • Yesto'dim**" "Wm of she Smithfield Club, h. the after inspecting the Cattle, held a meeting at Crown and Anchor tavern, when Mr. Ayres, Mr. ‘Viikins, and several other breeders and graziers, were admitted Members ; and the same prizes, as in the present show, were determined on for next year, except Class V. and it was resolved that the toles and regulations of the Society be printed and dis tributed to the Members at the Woburn' Sheep Shearing in June nett. About five o'clnek, more than 190 gentlemen sat down to an excellent dilter, at the Crown and Anchor, his . Grace the Duke of Bedford in the Chair—Money llill, Es , l. Vice President. As soon AS the cloth was withdrawn, " The King," was drank ; after which, His (;race gave " Prosperity to the Smithfield Society," " Gool Grazing," "The Plough," " The Fleece," " Breeding in all its branches." His Grace of Ben►nß o then addressed the com pany, calling their attention to the original objetfts of this Society, which were, to excite the industry of the breeders and graziers, for improving the breeds of cattle, and increasing the supply of the markets ; that, happily, the idle prejudices which had existed, respeaing the o'ijesets and views of this Society, had disappeared ; and, it could not be doubted, but the public must applaud the exertions which had produced such cattle as had been this year exhibited, and which were in January last, in the Straw Yard, or in nse in the Dairy or the Plough ! wasteful or long feeding could not possibly bete be urged. His Grace proceeded, in a very an:mated speech, to rate, that the objea of the Society had last year been to discourage useless experiments, founded on the im portant truth, that the interests of the Breeder, Gt 4. tier, and the public, were the same and inseparable. His Grace then pt oceelesi tweed the issijessiic-xiis.ti of the Prizes by Messrs Pester, Hill, itriswt:rtfi, Miller, and Bou,hfieisu the five Judges who had ex amilied the Cattle To Mr. John Weimar, the First Prize in Class I. 2. guineas for his Ikrefora Ox, 7 years old, fed un oil cake. '1 o the Duke of Bedford, the Second- Prize in Clan I. t. guineas for his Devon Ox, ti years old, fed oil To the Duke of Bedford, the First Prize in Class 11. 25 guineas fcr his lilarnorgan and French Or, ti outs old, 1...1 on gr ass, hay, and turnips. To Mr. IVestcar, the Second Prize in Class II 13 guineas for his Hereford Os, 6 years old, fed un grass, bay, and turnips. To Mr. King, the First Prize in Class 111. 15 guineas for his Highland Scotch Oz, 4 years old, fed on grass, and turnips. To the Duke of Bedford, the Second Prize in Class 111. 10 guineas fur his Scotch Os, S years old, fed on grass, hay, and turnips. To the Duke of Bedford, the First Prize in Class IV. 13 guineas, fur his Kent Cow, S years old, and which had borne five calves, fed on oil-cake, tur nips, and hay. To Mr. Pickford, the 2d prize in Class IV. ten guineas, for his short horned Cow, eight years old, and having had rive calves fed on grass, hay, and turnips. His Grace then proceeded to Class V. and ob served, that it appeared by the Certificates, that Mr. Gilbert's North %Vales Bullock, weighing sixty stone in April, and 110 in December, had gained 50 stone ; that the Duke of Redford's Ox. weighing ISI stone in April, and e 52 in December, had gained To stone ; that Mr. Westcar's Hereford Oz, weighing 189 stone in May, and 2 40 stone 41b. in December, had gained 59 stone 41b. by , which it would appear that Mr. Gilbert was entitled to the prize; but a doubt having arisen on the weight of Mr. Gilbert's Oz, the Committee had written to him, and on his answer would depend the final al• judiettion of this prize, sun .;:ig the parties aove mentioned. To the R-v. Thomas Pla , ket, for three new Lei cestersh::e Wethers, which were yeaned in the month of M... I'lo9, and weaned from the ewe in September foillwing, having had nothing more than natural grass and hay through thew inter, and were removed in the mou rn of } lay 1504, into a field containing three acres of second year's clover hay (into which were put twenty-two sheep of the wise age l , where they continued until the month of Oc tober 18(14, since which time, they have been upon natural grass, with turnips fur the last month only : for these, the prize of ten guineas, in Class VI. was ad)judged. To Mr. J0'.12 Westcar, for three new Leicester Wethers, two years old, fed on grass, the prize of tea guineas, in Class VII. Waen speaking of Class VIII. his Grace observ ed, that he had ever held it wrong to accept a pre rrii ;:r. where no competitor, appeared, and, as no cr.z kite - elf had sent in South-down wethers of mie vat old, highly as he felt himself flattered by the approbation the judges had bestowed on the I yearling wethers from his Moulden Farm, he - -a 1 should let this premium revert to the funds of th society. " Proceeding to Class IX. His Gracs stated, that the judges had assigned to the Dake of Bedford lf) guineas for his three South Down Sheep, two years old, fed on grass, hay, and turnips. His Grace then stated, that no material good having rasiiite ti•mi the pi tze offered in the V. t.lasi, it won! Ibe ,) discontinued i t future ; all the others would be con tinned for the year ensuing. His Grace apologised for again stating, that the views of this society were, as they ought to be. direded to no other end than . the encouragement of the best breed of cattle, and to lay the information they could acquire on this essential subjed freely before •the public ;he / concluded by giving as a toast : " Increasing success to the efforts of the Smithfield Society. ." His Grace then called the attention of the coni pany to a subscription which had been proposed at a former Bath Meeting, fur rewarding Mr. Bellamy for his discoveries of remedies for scour* and, other disorders of cattle, which were now fully ex- ' plained in a Treatise which he had is the room ready for delivery. Lord Somerville then rose and proposed the health .; of " Duke of Bedford," which was drank with three times three, and the loudest applause. His Grace thanked the company in a neat and short speech, and proposed " The Memory of hiss Bakewell." Mr. Ransoms sheaved specimens, and distributed • his proposals, for a new invented cast iron plough share, which, owing to one of the surfaces being hardened in the casting, obviates the necessity of continual resource to the Blacksmith to sharpen them. • Mr. Smith, of Buckingham -street, shrived his map of the Strata of 1•11:41and, which isprepatiug for Sir Joseph Banks, in whose library it will soot • be exhibited for the information of the curious. . The pioposals for Lord Somerville's skew is February next were distributed, as were also the plan of a general Canal Company. Sir Thews Carr proposed a bet for ,hewing some twin heifers which lie has gut ; and shortly after, Mr. Morey Hill proposed a bet of WO guineas, which vote accepted by Sir Thorthis Carr, for shewiug flea South-down sheep, fed on grass, hay, and turnips, at Lord Somerville's next show. Mr. Garrard issued his proposals for a charac teristic view of the Duke of Bedford's six.vp-slwar ing at Woburn, with poi tra•ts of all the Agriculturists, his subscribers. l'he toasts proceeded with—" Small in size and great in value," " Mr. Coke of Norfolk," " lard Winchelsea," " The union of hushaudry and cop merce," " Lord Egreminit," " Sir darles Da , vers," " Mr. Pacey," " Emulation and competition among breeders and graziers," " Mr. Overman of Burr ham," " " Lord Somerville , with three times • three." His Grate remarked, that the present Shew bad been honoioned by the presence of some Foreigners of distindion, whom the Emperor of Russia in his enlightened policy, had sent over to this country to purchase some of the best breed of animals in this country, and concluded by proposie t ,, the health d " His imperial Majesty the Emperor of Russia." , Sir Joseph Banks's health was drank with mach applaire. Room will not permit us to mental; ' more oT the interesting proceedinks albs or to mention particularly the many noble mac 3 known persons who w. re present. Extraa .sf a letter from an Officer on hardily! . M ,JEST% ' s ship Fugard, dated off Cape St. Vinestat, Nov. 25 :—" I%e cannot desire a better station we braid of hostilities with Spain on Oftober and on that very day we captured two ships. , N st.sos ree,•ived from us the first intelligence t rupture. We hare already taken twelve ships. and entertain hopes of AS mat.y snore Yesterday we fail in is ith Duliegat, Captaia Sir R. S raxedl t iar,, who has taken a large Spanish fri t ate, after a dike ' of hi hours and l 5 minutes ikon, in which the ' Spanish Captain was killed : the prize was Enna Cadiz, with dispatches for Teneriffe and the Ha- • vanaah, laden with stores. The De .egel has also captured another Spanish ship, supposed the richer* that ever sailed from Cadiz, her cargo reported ° worth 200,0001 " Nov. '.!9.—We have this day taken a large ship 0 from the River de la Plata. " Dsc. 3.—Since writing the above, we have captured the following ships : Swim St:.ora del Rosa-o, value L. 10,000 4 i It Fortuna . . 8,000 St. Joveph . 12,000 La V.rgilie Assumptu • . 6,000 Apollo . 13,000 Super:* del Porefeeatione . . 40,0011, 19 ' Fawkett . . . 11,1100 Gustavu.Ndullibus . • • • I,COO A Semi- 6(0 A Sny, 4 th naval Actin, . • to.titu" As several of the Mameluhee are Mahomeuns, BONAP•IirE intended to exclude them from escort ing the procession on the day of his coronation, but they petitioned to the Pore, who interfered for them. This, says the French writer, 'hews that we live in an age 01 philosophical toleration! he should have said of religious indifference. Testes day morning, at eight o'clock, eigT.t wag goi.s, laden with dollars, from Portsmoutli, passed through London, to be lodged in the Bank : they were escorted by a large party of Light Horse, who lined the streets on each side of the waggons, with their swords drawn. As a proof of the mildness of the season, there is at present, in the garden belonging to Mr. 3. Rocs:LEV, at Greenfield, Saddleworffi, a second crop of gooseberries, about the size of a pea, the growsh of which has lately been checked by a few frosty nights. Last Friday a most dreadful fire broke out in an outbuilding in the environs of Penhore, Wor shire, which communicated to several barns, gaining wheat, other grain, Sec. to the amount of 4001. We understand it was occasioned by children playing with fire. On Saturday night, about nine o'clock, a woman, decently dressed, passing through Spring Gardens, was soddenly taken ill, and in a short time after, WAS delivered of a fine female child, at the door of a Gentleman's house. A Lady in the neighbour hood ordered her to be taken, in a sedan chair, to St. Martin's workhouse, the infant wrapped in Luz nel, and taken by her servant, and every care of the woman, at her own expense. C