The British Press; or, Morning Literary Advertiser. — London, England, 1805-06-18 00:00:00

V • 77twmg 'THE BRITISH PRESS. LONDON, TUESDAY. Jurn 18. We have received Paris Papers to the 9th, Dutch p a cers to the 19. th, and some Swedish Papers, but sone of a 'seri recent date, by the two Gottenburgh which arrived yesterd ty. The former init. u „, te plot agit ainst the life of the FIRST C O NSUL M n, which is attributed, of course, to the Eng lish G )vernment. The Ilfonitour of the sth has no le-s than eight supplementary sheets filled with an interce ted dis patch front I r.iia, to which the French attach great oportaacc. It is introduced with the following re- to oks r— e, The dispatch of the Marquis WELLESLEY, Jared April ISt, IAO4, which is here subjoined , ached Giverament -uhsequent to the letters of the Governor General of the 9th of June, 15th and 15th at J u le, :bough of an earlier date, ;sad though in seine meaiiiiie the First part. It is iinpossible to present to the reader a more fa t hralpinure than that traced out by the Marquis WELLESLEY himself of the intrigue; which, since ti .e end of 153 J, have preceded, prepared, and pro moted the last usurpations of Great Britain in the peninsula, on this side the Gangt s ; and the secret disposition or mistrust, resentment, and hatred en ter:ained against it by the principal native powers, co mpelled to enter into alliance with it, or to yield ui its arms." The great length of this dispatch renders it im possible to be given in our paper. The mission of M. Novortszow occupies much of the attention of the Path Journalists ; and an ar tkle horn lianaburgh, in one of them, says, that a Congress for a General Peace is to be held at Brus sels: that Novoziazost and the Prussian Minister are to mediate for Great Britain, and that the port of Ostend is to be opened to carry on the Diploma tic Correspondence with England. The Paris Papers of the Bth state, th it the Arica TOMAS( sett set off for Milan the day before, pre ceded by the FItIANCE Mtntssra. " The departure of these two grand fun3ionaries affords us room to believe, that Paris will be much longer deprived of the presence of its Sovereign, than was suppo-el. It is believed that the affairs of Genoa will keep His MAJESTY 113tIll longer in Italy; it is proved, be sides, that he is expeaed at the Camp of Castiglione, where he will remain a fortuight, and that he is afterwards to reside for some time at Bologna." Dispatches from the West Indies, brou:bt tr Plymouth, by the .I:.in B dl cutter, were yesterday received :tt the Admiralty. The John Bull kit Admiral Coca 3 ANL C,ll the I 4th ult. with six sail of the line. crui-ing off Cape Nicola Mole, St. Do mingo. The Jamaica fl et, blond to EnglanJ, sailed from Kingston on the 2`..1J of Arril, unler coy of a f.igate and a sloop I.f war. It cons'oackl of about 100 sail, and was seen off Cuba on the 9th of May. Sisteen gun.vessels escaped from Havre on Wed nesday last, an I got into Fecamp.They came out in open day. and fought the Chitrone, Fa 'canard Creeier, which stood so close inshore after them. that the Falcon had four men wounded by their rocactsy. Four of them were driven on shore. but could not be destroyed. Nothing but a peremptory order for them to sail could have led them to such temnity: they never attempted to come out in day-time be fore, wlura their force was so very superior. N o are still without any certain information re- Litire to the prugreu or destination if the enemy's fleets. Colonel CR AWFURD, Lot night, deferred his Motion upon the State rf the Army until Moaday. Yesterday, at two o'clock. a Cabinet C•inncil was held at Lord WICK AVL'S Office. The Its -slam AMR ASIADOR attended. . The Queen Charlotte packet. --, f-orn liati• fax, for Falmouth, is captured by a :•':paiiiith priva teer in the Soundings, and carried into Passage, in Spin. The Illegiticnne frignte, with the fleet under her tanycy, from Portsmouth, are arrived at Jameica. Tt.e Hercule, Admiral DACR L., the S'. G,orge, Caxton,. Altar, Ea t ile, and Veteran men of war, were off Cuba, on the 9th of May ; Admiral CocH. it Ole bad left them for Barbadoes. The fleet from Jamaica for Europe, consisting of about •100 sail, under convoy of a frigate and a sloop of war, were off Cuba on the 9th May. Mr. Justice Jonsson attended yesterday in Westminster Hall, for the purpos.s of tiling a ple to the indiemcnt against him in the Court of King's B.mcli. It is, vie understand, a special plea, and states, that previous to the Union Ireland was a se parate kingdom from Great Britain, governed by ter own laws ; that he is a subjed of Ireland ; that the fads with which he stands charged were com mitted in that kingdom, where a competent j•iris didiun subsists to try such offences ; and this, t fore, the Court of King's Bench in klogLact has no jurisdialon. - THE DUCHESS OF _ROXIIURGIPS GRAND CONCE N7'. Her Grace gave last night one of the grandest musical parties of the season, at her house in Hill street, Berkeley-square. The most exipsisite taste was displayed in all the arrangements. The stair case was decorated with the most beautiful flowers ; each landing was a bower of the most odoriferous shrubs, interspersed with different coloured lamps. The doors of the spacious apartments were all thrown open, and each door encircled with flowers and lamps, appearing as a continuation of bowers. The Concert was held in the ball room. The ceiling is most curiously inlaid with gold, in the centet a most magnificent diamond-cut drop chandelier, of great value.—The finest convex lustrcs—the most aro matic shrubs also exhaled their sweets, every thing that could delight the senses was here. It was the Temple of Flora, inhabited by Orpheus. Miss PARK c was in fine voice, as were the Messrs. Kmv verTs, who executed some beautiful duets; Mr. Hsakisos's charming glee of 0 Nanny! was de lightfully sung, as was, Pence to the Souls of the He ron. The music was under the dire Lion of Mr. PADDON, to whom both the seleition and execution did the highest credit. Ar.'ongst the•other per formers were Mr. BARTt.t.ntAs and Mr. MEYER. Above 300 Nobility aztended ; amongst whom Were :•.• _ -•- Hu Royal Highness the Prince of Wales. TUT Duchess of Leeds. Duke De Castries. Marchioness of Wincheter. Marquiszl-.Winchester and Douglas. The F.A.I of Raoymnre. Co:intiesses—Hartington, Barrynaore, and FariconS:rg. Baroness Crofton. Ll(l.o4—Lamb!rt, Minto, Perth, C. Ilertte.t. s rl wnlow, M. Stanhope, Tapley Hamilt.ol, Dud'ey and Ware, Kniglitley, Fttsgeralds, and Say and Selo. Viscount Prterclicm. Huteltinvpi, and Brownlow. Mistrecrec—.Lvgon, Thompso-o, Biarriot, Stanhope, Vere, Sneucer, Rutherford, Hussey, R. Wallaule, Bailey, Lindsey, and Hurrowes. MilitioSialliOpe, Ligon, Baker, Custs, II trley, Duuv'as, Blonrague Percy, Chechire, Two Cramer., tis, ESiot, ' Ancuches, Nelson, and the Hun. MHO Diaollo.ll. Calonek-3revtile, Stuart, Headley, and Doßor Walcot. MARCHIONESS OF lIE RTFORD', CONCERT. -- The lost and eighth Sunday Concert was perform. ed at the Marchioness of Herrroao's in Manches ter-square cn Sunday night last. The Overture from Pt to L. Mr. BRAN VA WAS in fine voice, and sung a beautiful Air from Cim A ROSA, and The Deo.b of _ilteeromiie" with fine effca. Mrs. SECOND Stllg Piaas Orgirs (FLINDEL) in her very best style. Sign.ira Gaict.iL•re• and Signor Rovenitro were never iii better voice. About 300 per.ans of the first rank and 'fashion were present. I lis Royal Highness she Prince of Watts ; the Duchess of Goanos ; the Marchioness of SA L IS- Et:R Y ; the Countesses of Essex al.d SCITON ; and r St os {Ol SMITH, in full dress, with the insignia of the different orders with which he is invested. Sunday evening the ROY Al FAMILY walked on the Terrace; it was very fully attended, and the company verygenteel. At nine o'clock, the Ora torio of JOIAMR was performed by Fier MaJesrv's Band and the Gentlemen of the Choir, latfore the ROYAL FA :AMY and a selea party, at the Castle. Yesterday morning, His MAJESTY, Princesses SOPHIA and AMELIA, accompanied by Generals (:Aura and Firzuov, Count Muesrsit, and the I lon. Mts. I:caa•row, took an airing on horseback, is Windsor Great Park. ler M AJCsI Y and the Pa tee esses, in a carriage and rair, and two carriages and tour, took an air ing to Cr anbourn and Cumberland Lodges. His Royal Highness the Prince of WALES h daily expeaed at Brighton. "f Duchess of Dsvoesurerds grand rout, last night. was attended by 900 of the first nobility and f.tshion. Ail the passages to Devonshire House were filled with carriages. Mrs. Merin) es gave a grand ball and supper, last night, at her house in Grosvenor-square, to above 3CO of the fashionable world. Mrs. Macetts's benefit, last night, at Covent Garden Theatre, was extremely well attended. Mrs. JO ADAM was loudly applauded on her rntrr. She played with great spirit, and looked charm- I tar dress was new and beautiful. All the performers exerted themselves to the utmost. The Couatess of HA ADWIE eta and her fair daugh ters will, in a few days, leave London on their re turn to Ireland. the Honourable Mr. AGAR and his Lady are aJi:y expeLled at Lanhydrock, apeir seat in Cornwall. Thu: sday week the Earl and Countess of De.bi arrived at Knowsley, their seat in Lance shi..:. H.s Royal Highness Prince WILLIAM Flt LEM. 4ICC wa. on Thursday at Newton Races, neat Li eerie, I. The sport on that day was excellent, and there was much company. Master Fitenaarce Beowe, the rollfg Rocha, %i.:3161s .era .1 sue . imme se stuns to the theatres of Chester, Liverpo..l, Salisbury, Exeter, and Ply mouth, is on a a•nr thlThAg!l COI ! mall, and is ex posed to ;.ettortu at Penzance. The Haymarket Theatre, last night, was very fashionably attended to Tar Mountaineers, and Thr Mosul Tak. Mrs. Glans and Mr. MATHEWS were extremely diverting in the itinerant aeronauts, and received the loudest applause. Lord BA A Y Lady S. ASTON, Mr. WHITEKEAD, and a number of fit:anleS, were in tie- boxes. On Thursday the Muth inst. Ills lsiaissry and the Rov as Duets will impel the Royal Military Asylum, at Chelsea, which contains one thousand children, the orphans of soishers of the regular army ; and alp Chelsea College, where His Ma mt. v, Sons, and Suite, will be most elegantly en tertained with a grand breakfast, etc. by the Go vernor, So Davao DU/IDAS. The Queen's Royal Volunteers will be on du y at the Asylum and Col lege, and who, with the old veterans, will fire three grand volleys on the occasion at one o'clock, in the principal court, where the Bands btlouging to the Queen's Volunteers and Scotch Greys will imam]. end perform during the breaktabt, kc. LAW INTELLIGENCE. COVE.T OF KING'S BENCH, WE:STMINSTEIt, J. a 11. Ex torte UMW,. This was an application to the Court to strike the name of Thomas K. Bamber, Gentleman, Attor ney, off the roll of Attorneys of this Court. It appeared upon the affil wits, that Bamber, who was an Attorney, residing in Cornwall, had affixed, of caused to be signed, the name of a person to an affidavit, as a Commis s ioner for taking affi davits, when, upon inquiry, it was found that no such person was in existence. Mr. Serjeant Ps AEU offered a few observations on the part of the Attorney, that the transadion was one of a long standing ; the parties had not suffered any thing by it, and the Attorney had made every atonement in his power. He, there fore, hoped their Lordships would not follow up the punishment, further than striking his name off the roll, which, he admitted, must be done. Lord ELL EN Boacmcn said, that as nothing more had been prayed for by the party making the appli cation, the Court would not do more than strike him off the roll, which his Lordship accordingly direded. KNAVP V. SLAYII•ICIR. Mr. ERSKINt moved to enter a nonsait in this cause. It was an action upon a Bill of Exchange, tried at Guildhall, the last sittings. The defence was, !aches on the part of the Plain tiff as the holder, in not giving the regular notice of non payment to the Defendant as the drawer; but the sheriff's Officer proved, on the trial, that when the DaCendant was arrested, he acknowleged the debt, which being colesidered as a waiver of notice, a eel dia was had for the Plaintiff. Mr. ERSKINE stated, from several affidavits, a denial of that charge ; and, on the contrary, it was sworn by several witnesses in those affidavits, that they, in presence of the officer, offered to give secu rity for the debt a but the Defendant, so far from acknowledging the debt, positively refused them, declaring be would stand on his defence. Court.—" Take a Yule to shew cause." cr.aette v. GREY. This was an action against the Proprietors of the True Britus stage coach, for the value of a hoz be longing to the Plaintiff, which was lust by the negli gence of the Defendant's servant. This case was tried at Guildhall in 1802, and the Plaintiff obtained a verdia for 51. The question was, whether the Defendant: were liable for more than the :A. inasmuch as they given notice to the public by a board, which hung up in the coach office, that they would not be accountable for any packages above the value of 51. which were not en tered and paid for as such. Mr. MARTATT, us a very ingenious argument,. contended that this notice was not a variation of the contract of the carrier, but a limitation of damages in case of the failure of such carriage, which by law could not stand, and the Plaintiff was entitled to re cover the full value of the loss sustained. Mr. Hoesovo, on the other side, arguPd for a nonsuit, inasmuch as it was not averred in the de claration that the Defendant cantraEled to carry the goo_ls safely and s-curely. The Court, considering it a question of cnnsidvr abe importance, deferred astir judgment to a tit turu day. YIIK KIND LO!;DON WPT DOCK COMPANY This was a rule obtained last term for a manda- NMI to the London \Vet Dock Company, directing them to apply for A warrant to the Sheriff, for the • purpose of impanneling a Jury to asses: compensa ' Lion to John Watkins for certain premises belonging to him, of which the Company sought the possession. Mr. EP:KINK, on the part of the Company, showed cause against this rule, It appeared from the affislavits, that Watkins had held the premises in question tinder lease, whici had expired in Mid summer 1 5(;2 ; that the Company had purchased from the original landnolder, and allowed NVatkins to keep possession as tenant from year to year. Messrs. G A Raow and Goat:, v, on the other side, contended, that under the at of parli :trent Wat kins had a right to compensation for the injury he would sustain, as much as if he were a regular Itenant ; he was a considerable glass merchan t, so d mast suffer very great damage in the removal of 1 his goods, &c. all which cases were provided for 1 under the act. Lord Et Latino:tow:m- 10 He may have a loss, perhaps, but can sustain no injury. The London Dock Company have a capacity as purchasers, and are in the situation of all other lanaords : the pos session is in them, and the possession is cast upon them ; they have given sufficient notice, and have exercised no right but what as landlords they are entitled to: I do not see therefore any right in thus person to claim compensation from them." — Rule discharged. • THE TURF. raIDAY, JUNZ 14. Fifty Pounds, given by the Town of B:v:•'cy, for Horses of all Ages. Mr. Rovrinan's Bay Mara, tiuwi.• Mr. Watt's Bay Idly, by Broirigbviugh, out of Via , . Judy, ran oil. 541112 day, Handicap SweEpstakes of Cogs. each, for Horses of all dersommatioi,s. Mr. Arklom'sbi. gelding, aged, Mr. 414. Mr. Burton's I.+v gelding, 5 years oM, i Sir F. Boyntoo's bay mire, Off Sim G.ea, ay.!, 13st. . 3 3 2 .- 3 I 1 i 2 2 SATURDAY, JUNE 15. A Maiden Plate of Fii,y Pounth. Mr. Ro!orison's ch. f.:3 years .Id . 1 I Mr. Armstrou.g's bay mare, Spitfire, b rs. old 9 9 Mr. ffsithani's bay colt, Bounce, by Tr..velter, 3 yn. old $ 4 Col. King's Grey Hore, 1-I , lssle, 6 vrs. old 4 3 Mr. Phillip's Chesnut Horse, Sir Funk, 3 yrt. old _ rider unknown SAME DAY. Welter Stake; of lOga each'p. p. Lor4 Mid Ileum% b. It. bay Devil, by Jupiter, out of Thatehella . . . Sir M. M Sykeil b m by Pegasus . Mr. Burton's ch. g. Usurper, ►y Young Eclipse Mr. fintba.a's eh. b. Mr. Watt's b. g. Burton, bit Magnum &imam S hots. .3 . gee WOBURN SHEEP SHEARING. On Sunday the company began to assemble at ‘Vi,burn Abbey, and at the town and neighbourhood of Woburn, to be present at his Grace the Duke of Ben/oat:a% grand Agricultural Flo!, which was to begin yesterday, aid is to last four days, as usu al. His Grate on Sunday gave a grand dinner, to which the following ware expeCted, His Royal Highness the Duke of claenee. His Grace the Duke of Manche+ter. Earls—iiiTalhot, Darnley, and Fremont. Lords—Sheffii hi, Wiliiant Russell, Vihiert, Ludlow and CAwdor. Sin —Harr Feathestnee, John Sinclair, Juhn R Riddle, John Wrott . esley, Lowl.iy, George Plot, and Ro- bert Lewis y. The Hon. Mr. nrster. Colonels--I)slrym•de and Braunter.t, !sfenirs LAward Cok.g, Anson, Lea Antonie. Ker. they, Culliitg Smith, Curwen, Miriiiat:, Conyers , rsto.,ui pre ldarrinne, Francis, Mostly, hottetit, Western.C4llll:Asfi, RIM ben !Synge, Wing, and Seri...move. Itilil.l. TO THE EDITOR OF 'flu: BRITISH PRESS. SlR—Having °hearted some inaccoracks itr ti' Papa w:tft regard to the fort of Deeg, ar.d the assau-t of the two, s rn. et Colonnt Stanton!, of the 7,tlx regiment, on the fort of lima. pore, on the evening of the 10th January last; I think it he , efosary to mention that the fort of Den was taken pimession of an the !attar end of 13. c naSer last, when Lord t. ik. t onevd with the army 37,iialt the fart of' B rrtpuie, 4fl. , :iging to the Raj sh of that place, Ifolkar and hi, troops Inch .g retired to it; that nn the evening of the 10th of Pollan the lireaels Wing reported rwarieible, Colonel Mattlaiid, with the Rook cum pania. of the 22d and 75th regi.nerats and several irk coos. p‘o in. of Noise Corp., mooed to the assault. On arriving rite dit.h. tiny fond it so full of water, 'hat t took Pt, met in• a.t h =b —trait diffinuty was sertorturated ; but on t . breach they folio lit loiriptaeheable The party r tr:d in rio4 order to earn?. Colonel Iltaitlant, after rirceivioe wounds, received a shot whisks kAled hi ts. Maio , A e ii i. bail Campbell, re the same corps, two Cs .taiiiv, I-I wins ; and : iirt-na Byre, Tu ly, Mattlie. zx, :mod Wl.och'an we-e siotoidot and forxr....e Non c0mm . :v5....v.(4 and Rank sod rile, killed and elotinetel £n•len r. , lleixt •' • missies. I am, Sir, your most obedient humble Servant, ARCIIIBALU EIL, Lieutenua 7. h Ra,„inient. The A A., EVA NS, from Bristoi, for Newfound land, WAS captured on the 2!d May, by a Spanish privateer. The Date of Porthlnd, Cint. Cttsr .r. arm, from the South Seas, is arrived off Dartmnuth. She 1 , ft St. Ilirlen4 on the 20:11 April : five whAlcrs sale.l from thence for England on the s!h. The Sc2r6rj, Scour, from London, is lost At Jamaica. The Perseverance, Irmo, and the Fur. ----se, from London, for the South Seas. were all well at Timor, on the 30:h August. Brig.-Gen. Hove is appointed Lieut.-Governor of Portsmouth garrison, in the room of General OAKES, and arrived there on Saturday. An encampreint, consisting of the troo ss. both cavalry and infantry, which compose the garrison of Colchester and Ipswich, is about to be formed ao Lexdoa Heath, under the command of that ex cellent officer Sir DAVID Bats% A Meeting has been held at Truro, in Cornwall, by the principal gentlemen of that county, to deter mine on an application to Parliament fur 1.-ave to r.ti,e a second regiment of Militia, to be under His Royal Highness the Duke of Co aNWA cc, and to be called " The Duke of Cornwall's Militia." A Dublin Paper, speaking of the tranquillity of that country, and the c orfidence of Government, says " Earl Hs ow:ctca goes abroad with a sin gle aid dr- camp, and Lord CATNLAa r with never more than one dragon." <Last week the house of THCSI AS Rooat, Esq. at Lee-Place, Blackheath, was broken open, during the night, and robbed of fifty pounds worth of plate, without the family hearing the least noise. On Sunday morning the servant-maid of Mr. GA easy-. of GJever-street. went out and lett the area-door open, when some persons went into the house, and going up stairs, broke open a desk, from which they took 804 in cash ; and returning to the kitchen, broke open the servant's boa, and robbed her of all her little earnings, but one five-guinea piece, which it is imagined they supposed to be a pocket piece of no value. Testis AND LAST DAT or Ditawise.—The Ticket, No. 8,163. as first drawn on Saturday last, entitled to 2,0001. was sold at Messrs. II AZ•1115, BURNT, and Co.'s Office, Royal Exchange. where No. 27,7 68, a prize of 5,0001. and No. t 3,136, a prize of SUOI. both drawn the same day. were sold in • shares. Yesterday morning the right wing of the St. George's, Bloomsbury Volunteers, under the corn. mand of Colonel Sir mous N ICHOI. c, marched from their Parade (the Museum Gardens), to Montpelier G miens, where they partook of a sultptuous break fast provided by their Colonel; after which they fired for a musket. value SO guineas, presented to them by Sir Jou% Nic tient, when, after a great deal of excellent firing., it was decided in favour or Mr. Bits-iw.i, of the third company. Mat NUM d T the lett wing will fire tor another mulct at die wear place. • i 1 - ...,---- -. . . . .__ . - / • - ~. • * • 4. • . LAIN INTELLIGENCE. THE TURF. - —. m a—. --•••••---. 7.01.!E.T OF KING'S BENCH, W E:STMINSTEK, .I.:<s 11. FRIDAY, JUNE 14. ' • - • Fifty Pounds, given by the Town of Blv_lley, for Ex park newELL. Horses of all Ages. 'Phis was an application to the Court to strike the Mr. Bowman's Bay Mare, Susan. • lame of Thomas K. Bamber, Gentleman, Attor- Mr. Watt's gay Filly, by liroingbr , iugh, out of Villi Jody, Icy, off the roll of Attorneys of this Court. r, r an .44. • It appeared upon the affil wits, that Bamber, Sams day, Handicap SweEpstakes of Cogs. each, for i who was an Attorney, residing in Cornwall, had Horses of all dersominatioi,s. &red, of caused to 11;e signed, the name of a person Mr. Aeklom%br. geldlog, *gad, lta. 410). 3 1 1 Mr. Burton's I,*v gelding, 5 years oM, i 1..... 1 2 a to an affidavit, as a Commissioner for taking am- F. Boynton'. 64) , mire, Off him Glee, a`'-d, davits, when, upon inquiry, it was found that no 13. t. . • . 23 2 such person was in existence. SATURDAY, JUNE 15. Mr. Serjeant PRAED offered a few observations A Maiden Plate of Fit', y Pounds. on the part of the Attorney, that the transaCtion Mr. Ro!iittson's ch. f.:3 years .Id . . I I was one of a long standing ; the parties had net Mr. Armstroi:4% hay mare, Spitfire, 5 yes. old .9 9 suffered any thing by it, an the Attorney had Mr. Ifuthanf, bay con, Bounce, by Tr.iyelier, 3 yn. $ 4 01d made every atonement in his power. He, there- Col. King's Grey Hone, 1-I , lssle, 6 yrs. old • fore, hoped their Lordships would not follow up Mr. Phillips Chesnut Horse, Sir Funk, 3 pa. old a the punishment, further than striking his name off rider unknown . . . Shalt. the roll, which, he admitted, must be done. SAME DAY. Lord ELL EN Bozos:on said, that as nothing more Welter Stakes of lOga each•p. p. . ii had been prayed for by the party making the apply- Lord Mid Beton*: b. It. bay Devil, by Jupiter, out of ... cation, the Court would not do more than strike Thatehella . . I Sir M. M. Sykeei b m by Pe x eitis . . 1 him off the roll, which his Lordship accordingly 14,. Button's ch. g. Usurper, by Young Eclipse .i dr CJMItON PLEAS, GCILDFIALL. Sittirgs at Prilit before Sir JM Is Massrt etc>, COOK D. mrusros. This W:11 an aftion to recover a compensation in damages for a breach rf contraft. l'he Plaintiff, who was a coal porter, had entered into a contrad with the Defendant, who is a dust man, to take from him thirty five chaldrons of soil, or ashes, at the rate of seven shillings a chaldron, giving him at the time two pounds as earnest. The witness for the Plaintiff, a j.lurneyman dust-man, gave evidence to the contra R, and also stated that Mrs. blunston, the Defendant's wife, who, he said, managed all her husband's business, and was com pletely the master, positively refused to let the soil be taken from the wharf, as she had herself a private property in it. Serjeant VIA/KHAN, for the Defendant, moved that the Plaintiff should be nonsuited, as the decla ration stated, that the contraft was for 35 chaldrons of breeze, or soil, which signified that breeze and soil were synonymous, whereas they were quite dif ferent things, as breeze signified cinders, and soil ashes. The witness was then asked, if there was any dif ference between them, and what it was t he said, there was a very great difference ; ar sl, after many fruitless attempts to explain, he, at length, with a look of satiladion, said, that breeze WAS breeze, and soil was soil. However, the distinction being afterwards established, the nurt thought it fatal to the declasation, and the ,Plaintiff was non-suited. Pitt 11111 Ife