The British Press; or, Morning Literary Advertiser. — London, England, 1806-02-21 00:00:00

4DIIIRAL EXTRACT or • LETTER eltOM AN orrice& ON BOARD OKR 01 TRII OUTWARD-ROUND EAST INDIA UNDER eoNVOY Or ADMIRAL TROWERIDGE.—DATED AVG. 26, 1805' 1 grave the pleasure of informing you of the ar rival of the fleet at Madras, on the 23d inst. On the rich inst. ar 10 minutes past 4, p. no. in lat. 20. 19. S. and long. 7i . 41. E. blowing fresh at S. E. with frequent heavy squalle of wind and rain, we SAw three large ships about three and a half or four miles to windward of us, hearing down, to a squall, under a heavy press of sail. When the weather cleared up a little, we distinaly saw that one of them was a large line-tn . -battle ship, with a frigate of 44 guns, and a pooped ship, which an eteared to us to be an Indiaman. They ni sr have seen us, and ascertained what we were, long before we saw them, As they were edging down towards us, with great confidence. Ihe fintibeim male the signal that the strange e ips looked suspicious, and ordered our fleet to collinq round the Commodine. When the suing.- Odes were passin.! ns, about a mile to wind ward, they made severit: signals to each other, which instantly convinced us they were enemies. The Blenheens, on sexing tnis, made signals to our fleet to form a close line r t battle, and prepare fir affirm, as the strangers were enemies. They still continued bearing down. and, whenever they got into the wake of our fl t, a-stern, they instantly their wind atter us. We were then going under easy sail, closing up and form ing the ling of battle, and as the same time pre paring. with all possible speed, for alien. The enemy being under a great press of sail, was coming op fast with our two rear shins, the Cumberland and Preiten. Both, however, were pretty close up a stern, and a little to leeward of the annibeau. Ad miral Trininritige seeing that the situation of those ships would greatly embarrass him when the ene. my came up, being elbse to leeward of the Blen heim, and the enemy coming to leeward of them, made the signals to both those ships, eirner to make Mil, and ger on a-head, or else to back their top sails and drop uniiinnly a -stern, that they might not get in liietwet I the Blenheim and the enemy, who, /I this time, were ont within half cannon shot of them ; unf itnnately, however, no no tice whatever was taken of the Admiral's signals, owing no doubt to all hands being entirely em ployed, warm with seal and anxiety, to be pee ls/11y prepared io return the enemy's fire with spi. tits and vigour ; which they did the instant the enemy got widen range of their guns ; the situation, however, in which the reewon particularly was, is mach to be regretted. being close to leeward of the Beinhe'm, which I understand prevented our Admiral from putting up his helm, and running across the Msrearre's bow, and raking her, and then to haul his wind to leeward of the enemy : this manctivre would hare enabled the liirrheem to open her lower-deck ports,, which, by being to windward, were under water, conarquently render ed useless. Had Admiral 1 roubridge been able to have exeented this plan, the Mareng and frigate would haste been completely hemmed in between two fires. the Indiamen forming a strong line of battle to windward. and the hleehe im to leeward of them, which in all probability would have proved destruntive to the ens my : as soon as the enemy were able to get their guns to bear on our rear 'hips, they commenced a very brisk fire with round and grape shot, which was handsomely re turned. The enemy, however, having much more way through the water, soon passed them, and drew up opposite to the Bknhans, which pro bably they had mistaken for an Indianian. until she commenced firing, which was smartly kept up on lynch sides; nor had we then a doubt but that we should soon have the pleasure of ming the contest happily ended in favour of the Blevhriest; however, instead of this, we had the mor tification of seeing the liarenge edging off a few points to leeward, and the Writhe's. following her ; the former. however, having much more sail set. went considerably faster through the water, conse. quently soon got nut of the range of the Bieniuine's guns a-head, and, as she adVanced along our line, gave each Indtaman a broadside in passing, and a tecond when she had time, which was instantly re trotted at ith great alacrity and precision. By this time, it was pretty dark; and, indeed, in a few mi nutes afterwards, we could only sec where the ene my were, by the flashing of their guns, through a thick misty fog and rain. Whenever the Marengo and the frigate had got about a couple of miles a head of a , they hauled their wind, and joined the ship, which we supposed to be an Indianian and a Prize, as she kept out of the alien, and atlantic a mile to windward of our fleet. At seven riclock the night cleared up, and being moon-light, except when a squall cams on, we could see Vie enemy very cleat ly with our glasses all night. At day light, on the 7th, seeing the Marear and the frigate annul 4or 5 miles to windward, they sent off the prize in the course of the night. The Blenheim made the signal to our fleet to go a-head, and form t,te tine of battle ; the enemy, her fore-top-sail yard dawn on deck, probably it had been wounded, er carried away in the anion, and that they were either repairing, or getting another up; however, when ever they had got it up again, both ships r srantly made sail, and bore down on us ; when they got within three !elites of us, they hauled their wind, and wind on, app:treutly steering the same course with ott At one r . m. the enemy, seeing that we were drawing a little a-head of them, although we were °° jogging on under an easy sail, to enable them, It they pleased, to come up with us, set more sail, and edged down towards us ; but on seis ing that we were pet-fenny prepared to receive them, they hauled their wind again, and kept edging off be degrees to windward, until a p. in. when we tan them wear round, and stand back to the south l'Atllt A passenger on board the Blenheim, and a soldier on board the Ging,: Indianan, were the only P'' pee killed. The ships have not sustained any ma- I r rial injury. The Cumberland received a shot or two In her masts, and the Demetslure,one in her hull. Con 'l'l'ring the very siSert time the Indianian had to pre- Pee for anion , i: was really gratifying to nee, that tatty ship in the line was readyto give her broadside, aim instant the enemy gut within range of her Rees.As nearly as I can guess, it was an hour from our first seeing the enemy, until the &Ilion 'commenced, which lasted abgut 45 minutes. • LAW INTELLIGENCE. COURT OF CHANCERY, Fes. 40. About a quarter past ten n'el^rT: this ni"rnini: the L.,14.1 Ch.lucellGr L'IS:ZINE arrived, Lad in !icc minutes after took h.s teat on the I.ntdship did not, as it was espeftc.i.. adJicss the Cunt I, but silently bowed to the fcle, and t!tett called on the A rroltiev-GLK tit to for which purp,se he inimediAtely rose. several mo tions were disposed of, but none of any Interes:. The Hall was crowded in the extreme. COURT OF KING BENCH, WCITM, Fu to. Sitting: et 117;4 Priut Irr,re Lord EI.LIENDO/019011 dad a .Sprcial vne KING v. ORANOAR ANOTHER. This WAS a n indielment fnr a nuisance, in throw ing mud, and other oh:nations, into the river Mr. GAIROW, for the Prosecution, stated, that it. was instituted by the Lord Mayor of London, which, among the other importaut duties of that high office, had attached to it that of Con serva tor of the river Thames. The Thames was the high way of the King, and any obstruction to its wog' ess was an indiaahle offence. The Defendants were per sons of opulence, and employed a great number of lighters upon the river, and the complaint against them was, that having extracted several thousands of tons of mud from the West India Docks, they deposited them in the bed of the river ; the consequence is, that the water, at low water mark, is eight or ten feet lower than it tormerfy was. The Learned Counsel then held in his hand a treatise on this subject, written by Mr. Granter the elder, setting fort!., that, fr‘an the number of drains from the City, and from other causes, the bed of the river will be elevated in such a manner, in some years, that there will be a total obstruction to navi gation ; what wa, required, therefore, was, tha. tile navigation might be restored to its former situ.stion, ay removing tills obstruSion ; and, as there was an understanding between the parties, it was agreed that a vertha of guilty tt,ottli be taken ; so that if the cause of complaint be not removed, the parties might he liable to be to (night up for the judgment of tile Colt:. Scijeant Amy, for th.r. D?frrndant, said, that he did not feel iiiioselt in a condition to give an an swer to the indotment, hut nhserved, that all the mud was not carried there by his clients They had sio phi-aion to the verdia going against them, and would discharze their duty an removing the 01) . 0 of the prosecution. Lord Eta Ewnortoitoir observed, that the nature of the prosecution had been fairly explained. The obstruction of the Thames was immediately con nthed, in the most serious manner, with the com merce of this coun!ry. There seemed a mutual understanding between the parties, and he trusted the inconvenience wouid be removed. —Verdia, 14 AREA V. NOOSE. 'This also was a special Jury case, hut not a Juror appearing, was struck out accordingly. COMMON PLEAS, Waav atm . Silting. at Nici Priut {Mort the 11rd Chief Jounce 114•14stiti D. otirt SpreselJory. COURTS MARTIAL. Moose v. BASIAIIO. Mr. Serjeant Sat ZPRERD stated, that the PlaintifF in this adion, Francis Moore, Esq. was lately Colonel of the Bedfordshire Militia, and he sought, through the Gentlemen who were now impannelled for the purposes of justice, less to recover pecuniary recompence for the injury he had sustained, than to vindicate his honour and reditude, acrd to pre- vent the attachment to his charader, of that oppro brious inference, to which the conded towards him, of the parties against whom lie appealed, was likely to give rise. The Defendant, Jehn Pollexfen Bastard, Esq. was Colonel of the Devonshire Militia, and was se lected to bring this action against, as being the President, and, therefore, most prominent consti tuent, of a Court Martial, all the members of which were really no less implicated than he was, in the offensive measures which the Plaintiff com plained of. The Regiment, of which the Plaintiff was Colo nel, was in a state of some contusion and dissension, in April last, at the period that he, after having bean some time absent, rejoined it at Exeter; arid, in consequence of a disregard of an order, which he found it expedient to issue, for the purpose of re storing regularity, the Plaintiff preferred a charge against some of the Officers in that channel, which led to the appointment of a Court Martial, for the investigation of their conduct. The Members of the Court entered upon their fundions at Exeter, in August, and the Prosecutor adduced the evidence he thought necessary to sub. stantiate the charges he had preferred. In the course of the evidence, one of the witnesses (Serj. Warden, who was called by the Prosecutor), in reply to an interrogatory of the Court, as to the particular officers present at the reading of a cer tain Regimental Order, mentioned, amongst others, the name of Captain Gastin. When he had given his testimony, he recolleded, that Captain Gastin really was not present ; and mentioned to the Coun sel retained by the Prosecutor, that he feared he had been guilty of inadvertence in mentioning that gentleman's name with the others, and wished he might have an opportunity of explaining ; but the Counsel considered it too trifling a circumstance to trouole the Court with. However, as the evidence was proceeded in. Capt. Trelawny, an Officer of the Regiment, stated, that Capt. Gastin was on leave of absence, at the time the Serjeanshad repre wilted him to have been present at the reading of the Regimental Order, and did not rejoin the Re giment until several days after ; and this was proved by the Return Looks. The contradiction of evidence immediately struck the Court as resulting from perjury on the part of Seijeant Warden, and subornation on that of the Prosecutor, Colonel Moore ; and, notwithstanding the explanation of the Prosecutor's Counsel, the President pronounced, that the Serjeant should be immediately committed to the guard-house, and the Colonel put under ar rest, for having proceeded with the examination of a witness, whom he knew to have made a fain de- l Po•ition. Coloael Moore was, therefoie, C011(10444 to his lodgings, and kept under close arrest from Saturday, until Monday, when a letter horn the Coma informed him, that ter the remainder of the C.ne that Ni. ernnld continue under atrtst, he might co;:sh.ter himself a piss: nk a At large. r.i, was the Cale oil the part of the Pkinti6*, or. n.Lich he grounded the plea of false imprison ment, in that he heal not sablvfted himself to the pnr.ishment, nor had the Court Martial ,the power to infliC: it. In the conrse of the evidence, which was then called tri move the case. Lord Chief Justice NI arrsr tern took occasion to obset se, upon the assumption of the fan by Mr S".r je int Bost (for the D:fendant), that Courts Mar tial had the power of committing persons into con finement ; that it sea. a mistaken notion, and that no such discretion was delegated to them. By the 19th Article of War, authority, it is true, is given to Courts Martial to cortiniit persons, who, by any im propriety of condo.% 'nay disturb or interrupt their proceedings, but no power was given to them ar bitra: iiy to commit witnesses ; nor did even this Court possess so great an authority. Mr. S:rj. Besr, addressing the Jury, observed, that the reserve of experienced and respectable witnesses which he had, expecting to have availed himself of their evidence, would not now benefit the Defendant's case, as the high law authority, the Chief Justice of this Court, had just decided that Courts Mattis! had no authority to put persons under arrest His grourd of defence was, there fore, narrowed ; but theist,' would take inns their ' consideration, that the Defendant and his compeers, in exercising 31 power wilioh it was now determined they were out invested w ith, had fallen into an er ror which had prevailed, and that universally, dur ing the memory t f ths olJe.t witness whom it would be possible to produce. Should they find a verdict for the Posititiff, this consideration would have weight with them in estithutung dArnmg-s. The possibility of any ha/proper having ex isted to induce the steps taken by the gentlemen of the Court Martial, was not nor was it urged. The Defendant was unknown to them, and in their conduct towards him, they were only led astray by a zeal, which, it now seems, was exces sive, for the goo 4 of t'ae service in which they were engaged. Lord CniefJustice Marisrt ern reviewed the case ; and said, that the vcrdid 01 the Jury must be for the Plaint;ff, as the arrest, in this case, was totally illegal It was rather strange, he observed, that Courts Isltatial should think themselves authorised to commit persons tor perjury, or oth^r offences, than those upon which they hid themselves the power of deciding and punishing. He would ask, tor how long, and where, they would commit per sons, and how their authority was at all to be de fined ? If the statutes by which Courts Martial are regulated, had been properly attended to, no such idea could ever have 'seen entertained, with regard to the extent of their powers. His Lordship thought the Court had proceeded harshly with the Plaintiff And Sesjeant Warden ; and in lo o ki ng at the da• triages, the Jury should consider how unpleasant and hurtful a situation it must he to an officer of rank, to be arresed on charges so serious as those which were alleged against hint. The 'Jury retired about a quarter of an hour, and brought in a verdift for the Plaintiff, damages 5001. During the trial, tl:e Court was cr owded with mi litary gentlemen, anx.ouc to hear the deciaiou on so novel and important a point. OLD 8.411. El SESSIONS, Fait. CO.I Meld before Mr. Juste e L AMB, Mr. Jscstite HLATH, Mr. Baron GRAHAM, the LORD Ma.vok, 'taco P DER, an.i several ALDIIRS4 LH. Josrpi How, a hackney coachman, was indifted for stealing a small black writing desk, containing a silver pencil case, a miniature pi,Ffure, and lIL in Bank notes, the property of Mary Anne Nisbett Banks. It appeared from the evidence of the Prosecn trix, and her footman, that on the 25th of January last, she hired a hackney coach, of which the Pri soner was the driver, in Fleet -street; two trunks, tour small parcels, and the writing desk men tioned in the indiftment were put into it, and the coach drove to a : house in Russell-square.— The servant took out the trunks and parcels, but forgot the desk, and having paid the ccorhmsas. he drove away. In a short time alter, Mrs. Banks missed her desk, and every enquiry was male atter the coachman, to no purpose. Information was then given at a Police-office, and, by the descrip tion of the man, he was at length apprehended. This evidence beintt gone through, James Wood bury, a cabinet-maker, in the neighbourhood of Shureditch, was called. He deposed, that the Pri soner lodged at his house, and that on the night of the 25th of Jan. last, he brought home with him a small black writing•desk, which, he said, he had found in his coach. The Prisoner desired him to break it open, and he did so. In it there were seve ral papers, aad a miniature picture; but he denied having looked at them, so as to see where the owner lived. The desk he afterwards sold to his brother ; but a day or two before he sent it to him, in examining it, he found a private drawer, in which WAS 111. in Bank Notes: these he took, without lazing the Prisoner know any thing about it ; and, having spent 51. concealed the remainder in a bottle, in the chimney. Thin witness underwent a lung cross-examination, by Mr. C:t ►ADE, as Counsel fur the Prisoner, in the course of which, he contra diaeil himself so often, that Mr. Baron St:r rota at length interposed, and said, he did not think any credit could be given to his testimony. The brother of the last witness was then ex amined ; he stated, that when the desk was brought to his house, the papers were taken out, and he saw them burning in the fire ; but, though there was no person in the room but his brother, and another pCIT , III, he could not tell who threw them in. In his cross-examination, he contradißed his bro ther in several instances ; and, like his brother, also contradiCled hinsself. The Officer then produced the writing-desk, which he had found in the last witness's house, and Mrs. Banks identified it. The Prisoner, in his defence, called two witnesses; one of them, his master, proved, that on the morn ing of the 26th, the prisoner infottnesi him, that a - - %writing desk had been 14t in lilt coach; he, the witness, desire : him to take rare ;,,. ;Wrier a proved, that the pris 'Cr, who cou!-1 n• :her read • nor Write. requested him to look in the ~ ‘ •spacsefss to see whether the desk wee adve-ris d. * 4 e* , :ral witnesses were then called, Who gave the iirisonet a very good character ittry retired, area, in half an hone., refit/ ne.l * verdid of ded•e, but strongly recommended the , prisoner to mercy. Mara Hall, a very genteel 1 )oking mid.flaged man, was indicted tor ti:gamy, in tnirr?•np,. `.'irs. • Dominy, widow, during the Ile•time of Ann • Whit:fen, his wife It appealed that the privaner Was Angazed in the pottery hnsiness• and that in dna, , 1 ru, he mar.. ried Ann =Urn, with whom he lived ahout ten years ; he then separated trout h-r on account of • her mi , rondud, and in Navember, isol. pas sing himself as a widower, he married Nlrs. 1.3 .mine, in the parish church of St. Mary la-Bonne. they lived together for alwin a year, when Mrs. Hominy hearing some reports of his wife being Jive, asked him whether it were the case t and he ssid positively she was dead. This answer, together with an assurance from the father of the first wife, to the same Olean, for some time calmed her uneasiness. end they lived together very happily, until this indißinen: was preferred against him. Mrs. Donsi:,y, in giving l•er testimony, appeared in the greatest agitation; for some time, her tears I prevented her from speaking. Sheet len tth stated, in answer to some questions put to her by Sergeant • Best, sr the Prisoner, that she always had believed ; Mr. li4B was a widower ; that he had always treated hat and her family in the kindest manner; • and that, on their marriage , he ha..l settled allithe property she possessed , on her, et her own disposahl,, The Prisoner stated, that w`len he entered into the second marriage, he was assured that nip first wire was dead, 4: d that by her father; otherwise nothing ca.:•.:1,1 have induced him to have married t any woman. He then called the father of his first wife, and miny other witnesses, from whose testimony it ap- I pwared, that she lived with a man .4 the name of M'Cornick, and went under that name, and &Ise that there had been a report of her death. This typort, however, was not proved to have milted • before the second marriage, and Mr. Justice/ices-it. in observing on the evidence, tai +, the law reds ' pris•tive, and that whatever might be the circum stances of the case. as there were no pains taken by the Prisoner to ascertain whether his wife were alive or not, the Jury must Sad him guilty. The agitation of Mrs. Dornetiy, while the Jury were deliberating, was excefaive ; the raised up her. • hands, and exclaimed, For God's sake, have • mercy 1" and then fell, almost senseless, on her seat. The Jury found the Prisoner G•til: / „ Two servants of Mr. Willis,, the keeper of tbs. Thatched Cabin Tavern. King -street, St. hams's, • were found Guilty of larcenies committed is his • house. 1 Yesterday morning, at ten o'clock, the remains of Mr. Pt IT lay in State, in the Painted Clam' ere which had a very awful and grand appearance the coffin was coveted with a black velvet pall, sdoeotl with esCOvileolls, under a black canopy, likewise. acr used its the same manner; at the foot of the coffin a rich cushion, on which the helm and crest. sword and surcoat, of the deceased. were placed two mourners were on each side of the coffin; the whole of the chamber lined with black cloth ; and. lighted by near one thousand wax-lights; the pressure of people was not very great; the utmost order prevailed. It closed at four o'clock, and will open again at tea this morning. A party of the Horse and F•iot- Guards were on duty, assisted by a great number rf constables. We had :1-•ara, from a very respecnable source, that letters of a late date had been received front • Mr. CUR:NEVIS, and are happy to add the following pirawapii nom The B Ceeessiek of Wednesday: •• We are happy to have it in one power to assure the friends or Mr. Cuenca's& and the lovers of science, that that distingniehed Philosopher bairn* J r perished in the Black Sea; for he has written to till friends in Ireland, to inform them, that he had most providentially been saved from shipwreck. He is totally silent with respell to his fellow-travellers, the Messrs Toasts. It is, therefore, to be pre sumed, that they either did not proceed with him to Constantinople from Hungary, or that they are safe; for, had they been lost, he would have mentioned it ; the former supposition is the most probable, as it is known that they expressed a wish to visit St. Petersburgh, before their return to their native country.' there. Lowrey.—The Ticket, No. 10,730, at first-drawn on •fuestlay, entitled to 20,0221. was.sold at Messrs. Hasaats, BURNS, and Co.'s Office, Royal Exchange, in one Fourth, one Eighth, and ten Sixteenth Shares. Tickets and Shares, warranted 1 undrawn, continue on Sale at the above Office. All Tickets drawn To•murrow, the Fifth Day, will he entitled to 221. each, and the first-drawn on the S•lth to 20;000t. Every liiticet drawn To-rnorrow is sire to he a Prize, and the First •drawn Ticket nn the Sixth Day is sure to be 20,0001. ; therefore, those who purchase now have a double chance, as every Ticket drawn before the 28th instant is sure to be a Prise, and every capital Prim already drawn has been sold in Shares. It is a curious coincidence of circumstances, that every Ticket drawn to-morrow, which will be the ltd day of the month, should he entitled to 121. at the least. '1 he following is the state of the Wheel ' Tom ate 10,000 1. ..10. 1 +00 • 3 ... 5,000 57- Afc. &c. It is reedibly reported, that two Sharers of the 20,0001. prize, drawn on Tuesday, purchase their Tickets bat a day or two only previous to the Draw ing. What an encouragement to possess *ay Ticks ets and Shares that are y•et attainably in the Lottery Market; especially, as e ver y number the drawn morrow, must be a prdu etve prrm first Ticket, on the very next day's drawing, be the =sr eitudinous one of 110,0oGl. • es ~~ r