The British Press; or, Morning Literary Advertiser. — London, England, 1806-11-24 00:00:00

- • - - - • , ! LAW JATELUSENCIL --.....,___ COVET °FILM'S BENCIT, VW ESTMI NSTER.—N „vv. 2s. . . GENERAL ELECTION. Mr. Ga meow moved the Conn for a Rule to show cause, why an inforniatioe, in the nature of a cON warrnnto, should not be filed against Joseph Heine, to know by what authority he exercised the privileges of a Freeman of the borough of Portsea. This borough was incorporated by charter of the eth of Queers Mary, but it did not contain any direlions relative to the manner of eletirg free men; however, from the earliest times, ens tom had vested that power in the Bailiff and Burgesses, and when an elettion was to be held, the Setjeant at Maca went round to the house of every resident freeman, and gave him no tice of a meeting to be held upon a given day Dorn that time. The learned Counsel observed, the affi davit stated, that in this case the Serjeant at Mace was going his rounds to give the usual notice, when he was met by Haine, who, understanding from him that he was going to Mr. Harrison, a freeman, t to give him notice of a mertir g for the next . morn. ing told him that was un n e cessar y, as h e (H a i ne ) was Mr. Harrison's farming bailiff. and would take care to let him know. The next morning a meet ing of the freemen took place, contrary to usual • custom, and 1-laine ' was irregularly tinged a free man. The reason of this sort of oz-f...re proceed ing, the Learned Counsel continued, was because the Bailtff vies in opposition to the election of Mr. Leach, the then candidate to represent that borough in Parliam.nt, and he wished to cleat* al IlLally voters against him se he prissthly 'could. The Coon gemmed a cosidltimtal rule. Sir Y ICA a • Gnms and Mr. DA ur Ita made si milar applications against William A:worthy and Thomas Chambers. of the same borough, and under nearly similar circumstances ; these were also granted. I ISFL Tilt KING tt."ltrlttlell .14111140W,IICIFT. ATTnartelr. 'rite Defendant, in this case, was brought up for ludgmesst, being ilidided for a libel on Henry Yarberongh. Esq. and having suffered judgment to g 3 by default. Some of th e particulars of this case, we have laid before our readers in a former Paper, when the criminal information was originaliy applied foe, end granted. . The alfidatits on the panel the.prnsecutinn being teal, it appeared that the parties h ith lived at 'Ycrk, and on the Ided'of Nneember, 1803, at a late lantrc •ii Ow Rinsing, the Defendant came to the 'dire of Mr. &le:Ander Bartholoman, the proprietor and printer of 7t4a Tad Herald, and desired that the adveisi'ement, whiten constituted the libel. /nigh: be insetted in'hispriper. The-paper being tine of great rtle, was then at press, and in the hurry and con tagion of the mermen, the advertisement was in serted in ghost %0 copies, and consequently circus lilted through an - eatensive part of the cour.try. Mr. Ilarthelognin, however, soon ofiseebetild' the Mis chievous and Ishellous tendency• of the advertises mast. and with that good sense anti propriety whici. have uniffornly 'narked his enndult. relnsed in insert it any more ; he also di dined the printit4 of two Min4red hand bills to the same effeft. •hich hail been ordered by toe Defendant.-- This advertisement commenced with the cord ' Reward." and stated, th at M r . Yarberengh. whiel bas a Magistrates 4tod threttenidflo take Edw ar d C.arthwright's (of fieslinytoo) licence Isom him, that nit, the Defendant's, stitrnp feather hid aira cat try some esii disposed persona, to put him as Ole of lii We, That his life hid been threatened Ist Seat person or p unlit; and concluded with c..l,ing upon all Magistrates of the linerty of St. Peter, as aid and assist him against the said Yarborough. And all his tenants, &e. offering a reward of ten guineas for the diseovesy of such evil minded persops.--- Thus imputing to Mr. Yarborough a design against his life. The Affidavits Itirther stated. that the De fendant posted op similar notices, on the follewing two Sundays, upon ih- grvat door of Hcslingtoo Church, which were read by all the persons going to, or coming from. Ifivi at S.l.vice. He elan posted same Mince up in tic c-ffnonsrcei of she great York Hotel.; at d some d., ys lifter, intense an ac.- onsintance in the street, he shrweditim a horsewhip. sad told him, he bud bddght it purpose,/ to h.ose whip teethes'', ugh; 'the allVantits also went to deny lay of the changes stated in the ashrenisement or notices. ... On No part of the Defendan t . several affidavits were pot tn. in mitigatinir of punishment ; among which was the Defend/int% own affidavit, stating. that having lately taken a part of the minor of Hes-. hngton, within a mile and a hilif ofi Tnrk„in.l anfjetn:' ing she Weds Id the - Prosecutor, he invited some Lai ds tr. partake of an entertainment he meant to 1. i ...re *arise house of Garthwright.s pubiieenat Heg rnet,m, fo- which purpose Ise sent a piece of beef o be &need: but given coming there, he found the , meat had nee been pt "paved acct rthag tobis orders; j and aptm asking ti e r .a rt ;liwrigin mid him be could not do kentfl4it. Yesborough, re that event, would rat allow -his people to take ak from him. On meentteg his galloway_to ge away, he found hi s st i rrup leathet'crit,&c.' This affidavit was very vole winos', and embraced a variety of circurm gams, too strintrous far,unr Unlit, to permit a de tail ; the chief tendency of it, however, west to show, that the Defendant had been misled and mis taken through the misrepresentations of Garth wr ig ht- - I4e enwersed great contrition fir the error he had commenitted, and adverted to some letters he had button to the Prosecinor, making every concession in his powsr, and ^ffuring not only to make every reasonable apology, either in person or by writing, but also to pay all the expencis which had incurred in ct.nsequeoce of his nrf Ct On& Mr. G. steno and Mr. Wood, for the Presecutien s anunarnerred neon the corded of the Defendant, sad the nature of his offence, and pressed the ne cessity 41 making ea eatirjne of such offenders. Ms. R ice •11010/1 was then heard, at tome length, on behalf of the Defenders: ; when Lntd Et tenao s °UGH observed, that the apology () ford was certainly humble and becoming ; but Ise irritation was repeated ar.d unwarranted. The Defendant was then eons...mitre.' to the custody of Ibe Marshal of the Marshal:ea, and orde red to be oentinht ue for find judgment on Wednesday next. lie Kim° •. JUIIN IirWLY ran Ltda. at:/ Terry., and Tuomws C! V. The Defendants to this c as e aiso came up for -sss septet 1.. s nshaeattlto • • t SAC ilnineVilei t aisited of an mime up& anus Free, at ale last assizes for Hushed. •The parties were ail farmers, and the Prosecutor went to take possession of some land occupied by the Defendant, Wigly the elder, to which he con ceived himself entitled. Upon his coming into the field. the old man resisted him, and struck him with a stick, armed at one end with an iron spike. A bustle ensued, and Wilily, beirl near 70 years of age, was nearly worsted, till his two sons came to his assistance. It also appeared, that old Wigly was severely beaten in the affray, and obliged to call in surgical assistance. Hts right to the disputed land was afterwards confirmed in an aftion at law. These Defead•uts wee als , ) committed to the Marshalsea, and ordered to be Drought up on Wed nesday next. COURT OF COMMON PLEAS, Nov. t 2. 0 1 1 , 1 1 1IILIZ er. C'POLI. This was an aftion brought by the Plaiatiff, an Italian, to recover a c , impeneatiou., or 9u.s4sat uternd, for work and labour in the service of the Dnfendant, a musician. The trial excited much mirth in C as it appeared the only servtce performed was cook ing a trw savoury dishes in the Italian style, to please the palate of the Defendant, who appeared to be as much attached to the Epictirean system as to the G;d of Harmony. The Plaintiff had never beers promised more ,than a few presents for his cookery, and failing to make out his case, he was nonsuited. Several other trials occurred, of no geoid i portance. a !if ID D LESE. di LECTION . ritalisdotD, NOV. DlY's FULL . At the dose of the Poll, this d.ty, the numbers Wet.-- Fur Mr. Melr.sh • . 2792 Mr. Sr. ; • • • . S./74 Sir F. lityriortt . • • 743 Mr. Byron ,n-de his accustomed bow. Sir. F BURDETT spoke as billows Gentle men, althorp't I have paid every attention, to the Gregatleman urns stands forward as a candidate npio thee hustings, and although he has very much ex cited my curiosity how he CJ me to mak- sn won derful a discovery, as that he promulgated on a preceding day, yet 1 cannot find that be has said any thing in explanation of his principles. I flatter shyself we shall be more fortunate to-day. Mr. t.liSellish, in keeping this secret, reminds me of Leeet e , in Shakespeare's Two Cevtleiheiv of Poore, who, spea::ing of 'xis hive, say-, titat a team of horses shall not pluck the sec:et from him. Mr. :Mellish hold von, yesterday, that all my speeches were hist upon htm, and that they had nn efflt open his mind. I will not return him so bad komplin,ent, and I do assure him. that the speech Which contained hi, grand discovery, was nee lost Upon met and- to nee the Lingoes • of Mr. Byng, (who 1 trust will not grudge me the use cf i when he snakes nn st , e of it himself) I begat' to cast &ctn, and to think within my ell, how it was pos. ybit be should,h a v e m a d e so wonderful a ditcriV.l%,l &shay, heard many great and learned men stare, I that persons in search of an nhject wtsully tsaattoin able, have f&g , te.itir stumbled upon same .uselial discovery, of itersit.to isaakirwi, Now. cesker log Mr. Mellish's research in this O.):Rt of view, and consirlering how "linable a meal gild • tn 'he Bank of E gland, I was led in ;::e e. nclus.on, that Mr. Mrrish, when he ma le the discovery alluded to, could b, , in pursuit of nothing else clan the Philosopher's Store; and it must be mar. ter of great impnrtance to you, Gentlemen ' , that,he should find it ; fur, in the case, the Usk would be ea:Ailed to resume their payments in cads Notwitheandirg the slight opinion the Gentleman ent-reams of me, 1 think there is no one more likely to find the Pleiiisorber't Shove than Mr. Mellish. (31r. M. estetvitettl !Aver ma a Wight eptasee itr pm. dr' of rose pr a. Gentlemen, Mr. M.'s research brings to my mind an historical is I have iron : it is n cit d by i4en Johnson, who, speaking of a fanxitts akhs mist of his tine, stet s, that after two v years nf . gre.it labou r an d stu d y i s par sn i t of tine Phaelepktr J .Sietre, t.e did at letigth, towards the conclusioa of his life, ill his char dese, and when guy hairs came 'iron hum. discover, not the Phi linepher's Stone, but that which was a more valuable discovery for mankind, namely, • estrefar the ieb. —Nut", though Johnson's alehymist will probably beer away the palm elf wait", yet Mr. Mellish, in &covering the wonderful power of instilling /mime principles into st :tooted ones, will always obtain pro. ceder:co in point of iagenuity and novelty ; at least he will continue to delight the learned few, such as his friend Mr. Bowles, and his peel:, if he is tr.t parlent." Sir Francis proceeded in the same his moenus strain, playing upon what be called Mr. Mellish's wonderful discovery, and concluded as fol. Irwin .1- 4 I despair of getting any thing like an avowal of principles from Mr. Mellish. He is more discreet even than Lord Bu rleigh in The Criiie. He will not afford us even a sive* of the feed.—Had Mi nisters, Gentlemen, been half so dissect in keeping advant.Tes when • they bad obtained them, Europe would not at this day have been pieced in the con dition we see it." Mr. Mac !In—" Gentlemen, I shall begin in my old way, by returning you my war mast thsnks— (ferdispeorte.) I will say but a few words mire.— If the Ho c.urahle Baronet amuses you by his speeches, it mew be grauifymg to me." he hustings were then cleared, and the Caedi. dates retired to their torn ages " The opening of the new Year will be memorable fer the deturmisation of an us.commonly rich and attraflire Lottery Scheme. Tbeugh consisting of bet '2.5,000 Tickets, it contains, among numerous other Capitals, the two princely Prizes of 30.0001. each. But what will be iefiaitely move satisfaitory to many Adventurers, the hew Year will thus pre sand them with Fortunes, am, ly sdficient to enable them to pass every remaining year of their lives in opulence and independence. Faro/aura N Id 'Lat.—The Public are respea filly acquainted, that they may have particulas Non,beis in the New State Lottery, which barns Drawing 13th January, 11107, by applying at as.y Licensed Office. but they mu t be speedy in their orders, es the Tickets are now delivering at the Beak ; and the time betweee this and th e Drawing is so short, act a 113003eD1 should be lose. o•-e-sisr- --,-,-------"- . • ' - .1 Inc. . • •lof I )1,7,0.,. .4 ~. NORFOLK AUCTION. ( rip I tip bol t esti itiit Oa _ --i n .— nigh, *lse, I apply dill dorm% Thursday last, at ten- o'clock, the High.. Sheri lagreo to the county e( WAIN' and his Assessor, &c. eat , red the Shire,ill'; op its Ilserabms by its Prallifilr /use* ' the arrival of th e two successfu l Cand i dates, the a b ove all, 1 repeat, by the chart er of is Sheriff rose and said, i the stroorst bulwark of its freedom ; Gentlemen—Having cast no the member of votes pursuits Mad sllsP"osisissi keep them tee polled for each Candidate, 1 find that they are as I and unacqoainted with, the corruption and s follow : of courts, and oo whom ministerial polo For Thomas Milian. C Ace, E.q. . 4 118 con,equettly, have less inguerice than meat I R.ght Hon. W.... W.foiloosi .. 3731 ciAss of the commun i ty . h ot I sherdi ma Hon. John Wod.shoose . . 3•;35 pet, that those who deal to seek& arguments & And therefore I declare, that Mr. C"ilce and Mr. are not eraelly sensible to the uen•!es to Windham are duly eleard Knights of the Shi r e, to they lead them. Indeed, wha t of moor serve io Prrtiomeat for the County of Norfolk. - would ask, is that to be classed onter ei l; This declaratio n wrs rece i ve d b y a very crowded t h ese persons attempt to justify their Court, with reiterated acclamations. bring debarred, by arbitrary roosseroo, foot Mr. C,lce'd Majority 7.53—Mr. Wiladhatn's 357. those whom they hbe to represeik the*? Wr Wisp, ' then - ... influence of every deseripti-e mu* ' Juan . rose, and spoke to the fol lowing eff-Et :—Gentlemen Freeholders of the County of Norfolk, I shall have little to trouble you with, further thin an attempt to convey to you the feelings which fill - mind on - _. my . ___ the present most oe gratifying occasion. Joy for our common success, and gratitude to you for exertions i.i my favour so distinguishedly great, as to have been equalled only by the circumstances of difficulty and disadvantage under which I commenced the contest. Those cir cumstances must, Gentlemen, be in your perfet re colleetion, yet inasmuch as they form in considerable a source of honour and of gratification to Wet 1 chnnot pass by without remark, that it w. not till ' • a verviate period that I did, or could come forward to offer myself to you —that when that occasion did arrive, my Honnurable Friend (Mr. Coke), and whom I pave nowthe happiness of calling my elate leagne, and myself, found the county in a great do n gree pre -engaged, and in numberless instances or. our joint canvass we were. received with marks of respell :tad attachment truly flattering, by those who, at the same time, expressed their regret that they had only their second votes to give. In such a state of things, even lied the event been attended with failure on my part, there wool,' have been much to alleviate the disappointment ; and however the question of prudence might be involved in toe con-- sideaetion of those various obstacles which opposed themselves to the ettaintraint of my wishes, I should not leave considered that the general sense of the county had hem against me ; but, rn the coitrzry, have felt that I hid secured the ohjea most dear to my heart—that of enjoying the gaid opinion of the Freeholaers of Noifolk. These circuit:loaners, as they mold have afforded me those grounds of ennsolttion which I have just eepre*teJ, now add I greatly to the real happiness which a success so un exampled has affoided me—a success, the merits of which I do not measure by the maj Thy upon the poll, although that is In itrif of the most de cided kind, but by the zoal and di.interestedness of th e eeeedons which• have been Made in my favour,' throuanotit the whole o f the conceit. And /sere I am led, by , the cmneftion of the subject, to advert to a topic which. as I should deeply regret that' any slot or imputation of unworthy cantina could in any watattach to myself or to my Hon. Friend, from any of the late past occurrences, so I feel a toll livelier anxiety to have set in its proper light, , eonfirlint as I am that that 'tone it requisite to rho .1 ample }ratite to th a t most respeaable Gentlersama 1 `who flits the arduous and important office of Hie* Slwriii. and whose crowded, if my individual testi. mony were at all necessary to the vindication of hit charaCter. I can, from my own knowledge, affirm to have uniformly and eminently been marked by the strident impartiality—l allude to the continow once of the poll yesterday, after Col. Wodehousit had, en the preceding evening, ismified his iron. tion of decliniug a further contest.—Now the re- ` mark which comes foremost for me to make on thie, su4jefit is, that if, in the course of an eledion con- . test. any candidate should have reason to think his prospeats of final success are unfavourable* will be peered!), justified in d ec li n i ng all further ' ble on his part—but then this is a concern, enrj and peculiarly his own, and can, in no point of view • whatever, be held to lay his opponents under the. smallest obligation to conform to a limier fine of conduCt. It is for them, in their judgment, to dee ' termine whether they wi ll or will nut prolong the continuance of the poll. And certainly there might be cases rendering it desirable that the poll should be so continued. It might be necessary, for ex ample, to prevent disappotnttnent to friends coming from • distance, and who might wish to add their names to the poll, or it might be considered requi site in order to increase the numbers of a majmity already obtained. this, however, of which I am particularly speaking, is not inch a case. 11w con tinuance of the poll was not our aft, but, on the con trary, in opposition to nor express wishes. It was the aft of the KO Sheriff himself, and of him alone. That gentleman taking to lamself, as it well became him, to judge of his nun ditties, had come to the opinion. that he was not at liberty; consistently with the law, and with a conscientious discharge of the duties of his situation. to close the pull before the time he did. It was no paltry ambition no our parts to display our strength ; on the contrary, it was the wish of try honourable colleague, and it was equally my own wish, to close the pull at the same time with Colonel Wodehnow. As to the in sinuations which have been thrown rut respefting the validity of many of the votes which were pelted yesterday, I have only to observe, that the books in which they are enrolled will hereafter be made pub lic, and it will then be sera whether they are or are ant good votes. I shall content myself with merely having stated the simple fait, fully convinced that it will carry, to the minds of chow who hear me, its own satisfaCtory explanation. Gentlemen—cher. is yet another topi-, which I cannot suffer the p:eseit opportunity to slip away without toucaing epos We have heard a great deal lately about ministerial and theatterwl influence, and the extraordinary effeets produced by their means in the present contast. Now, fits( with re,petat iu me nis:erial maturate. regarding it as exercised over pees* is ho.ding subordinate nffices under Govern ment. such inflw-nce certainly does exist, and in a greater or less devise, bag ever existed—to a certain and a moderate extent, I do sot think it of a nature more objeflionable than that which is used by bo:f iords ever their tenants. Dot even admitting tha: Moister, *swerve an undue manitetence iti popular elettions. the real and independent representation of counties, is, of all others, least liable to be affeeed oy outweigh th e kennel mast of the pnblit county Gentlemen, seems to be the plain inference patents like those I have just been aid leave -you to consider of the jhoiee, the flittering nature. of the eetnpli be derived from them, to the great, the the jut:pm:adieu comity of Noetellt. I tome, Gendeluen, In the second pie question of dictatorial - influence, as it is and as it has been so lavishly applied to of my honourable colleague. Now upon you, Gentlemen, to point out the who can say to the Freeholdete of WO shall elan this or that iedivittnal to bey tentative; for, .in that seat only, is the expression jouifiable; and at the shew to whet extent such didatorial been followed by success. That some ' of proceeding have been adopted in the c the contest which has just been brought to have sufficient proofs to induce one to I certainly am but to well aware of in which landlords, Larch! Af their parental of being the peouidlose of their tense made a nen-compliance with their *kW wishes tlutfround for treating them with hat and cruelty - . I also know, and here, too, in allusion to positive and eedesiable tael for the attainnawit of the olf smite studs, the of snarittracy have bees Ab•Gelli—that peen been threatened that they should not have done them, Lut at the price of their Niel i f Cries Or Hear 1 jeer!) The trent, have this description of influence ChM be very if indeed it should produce any other .eirei that of rendering odious the thareders of abs have been base and marl:tripled' aeon* ereice it. But bow far. I woad beg so LI the charafter of my lionourabk -41 such transactions ? la what imamate , . chargeable viol..ted ' leaving , formance such ag tlemen, colleague , solves itself most er men's nour It is a another who He because it iota of lire of the and f than the 01311 colutinetional conferred to .11 P erfloat roost* of tf • in ......• i by as! _ Tak i hire two par. ties, namely, that which enrolees k o olPar which it is exercised i it will aressetwilv foliort, that ap large a portion of the i nerhakiers drat bee ems rapte from a just sense of their "4/lero is la 411tiob ~ r t t ' i , i ! biassed aad r rial sire. edly charge. well-den-reed p. Freeholders of this „ _....ve county sa, menu which they entertain for my hoensinlble °oh. league, that constitutes die highest 'bluff et ray ambition. With these feelings, Gentlemeb,.s mat mist union will every nornernt grow closer, issirkb+ l creasingiy peoduSive of mutual satisfaiiii* aid 1111. , vantage ; our Mali you have any reason to ofelllp oldie how..iirs you have conferred, sofas , •s on an uprght, conscientious, and di charge of the duties of the important trust yonilliie riiiiki.zd in use. • lt now. Gen , lemer, only remains for me tomb. sure you, that it will be my Damning endeavour, by a solicitous attention to ha real interests and mire% evince that oFt:borate regard which I mast emit feel for the County 0 Norfuik, and to express the bier sense of gratitude I entertain for the oblige dons which I am under to that great and respereabler body of Freeholders who have even me their seal-• ous support in the present arduous contort. Mr. Coke then addressed the Mce , ing, and the' observing, that the able speech of hist Honour. •. aWe Friend; had left him but few triplit,: t toek ocienT,: Jinn to adv.rt to his conneition with Me! Windl t, observing, that no man could rejoice ware im the friradstup of airother, thanlhe did in shut of *LP& Hog. Ci,lleaguo ; a Irirndsl.tp early loreue4l,ll4lll4' mad cherished by eentim.nts of rteiprocal conftions ntd es! ccii, which the comparatively short interval 'mcsa-ioned by political diferencer of opinion, contd mot *brae, and which h e now was 'happy to b!1 . would never cease. With Terra to the resigns, aims of Lis late vrortiriy collesigne (Sir Jacob Attley) k was his anxious irsi.h t., gave it tun ! , understood, that he never would have detached bernvelf svom , hint, so lung as it mig: t nave been co•lsist.nt grids Isis reeling, r.) remain in the high sima,,,,i% .o wbttll the favour of the county had headed hem During the long pitied, Mr. Coke addeJ, in which they wens jh u th honnurnd with the reptelltatttioti, he had al ways found the Haw. Baru t, t :mastered by a r il- Maws, both in liis public and peivate cardue, 7 trgeable with opplesaive coaled—with hatli dated the sac r ed d ut i es o f a mag i strate — ring caused protni,es to be broken. whom pee. trance had been solemnly plidged—or any WWI acts of datestalds.eoe pesey tyranny f Goo. men, the son of influence which my bonsieraltio league is in the coabtant habit sir seeming. re, yes itself into this—it is a species of aulOwd *id it enviable in the world—it is an in user n's afresiona, which be has the distinguished hoe ir and satisfaction to pessess. ([od e enifousw., is an influcncewhith, as has been obastiodowe abet occasion, is twice biessei—ft Wands o exercises it, and those user whoeult id . has the voice a tbe Fraeficildets of liturfeek. :ause be is respested and beloved 14 than; * sad Otis superior happiness weir*, in • die &Mai We present contest. a game and spiewilid :he grateful feelings of those wham as pas I faithfully served. 'flay have met lit him Op n of upright whirl, avo situated by giodves hii Panic goe4—che avaiicsat patron a( isidaautie pursuus, and the into, reloads supporter oidmir Nvitotional rights; and they have now Pal tarred the high howler of their decided and ask.. tied choice. in is maamerequally.oreditable to hist to themselves It this, Gentlimeo, beguile - not influence, he is indeed guilty of the mow Mane' es.ereise of it I bee, as his fries d,' I most mow. r should never think of defending hint from . tier g.. Iris to share with him in those, iPuteof af . l-desn-ved popularity ; to be thought of brtibb 'holders of this my native ctts:.ty with the sod-