The British Press; or, Morning Literary Advertiser. — London, England, 1806-02-22 00:00:00

I PRIVAIE-CORRE3POADEZE. a nuerie, Fr.*. 17. .Mr. Henry Parnel will be returned, to-morrow, for the Queen's County ; and Mr. It..m llv, the new elicitnr•General for England, will he returned for the Borough of Portarlington, vacated by Mr. Par- Del. We are looking forward, with great expedi tion, to the Viceroyalty of the Duke of Bedford. All our agriculturalists exped to find a treasnre in the Duke; and all our eh:lister, a model of tashion in the Duchess. A shocking murder was committed lately at Baltinglass, County Wicklow, on the body of an unfortunate female, whom three soldiers of the Roscommon Militia had enticed into a public house to drink. The party retired to the hay.yard. where het body was found next morning, quite naked, end with upwards of fifty baronet V/01111t14. Some soldiers have been since arrested, and sent to 'Wicklow Gaol, on suspicion . MR. Pli T t.Y !NG I.V STATE. This solemn setae aiiited a great sensation yes terday,- in the neightrithood of Westminster. On 'Thursday it was not Wily attended ; but yesterday, ‘Vestroinater-hall, end the passages to tire Painted Charntier, in which the body lay, were crowded in the extreme. The crowd began to coiled so early as ten ri'elfick, and became so excessive, that many females fainted, and hundreds, after strug. bog until they became faint with the fatigue. were hippy to effed their escape with their !fires. The guard was accorlingly doubled, and ate ashi:tional number of constables were called in, at the heed of whom was that very naive and meritorious oscer, Nlr. 'lnwnshend. The No bility and Gentry, who came in carriages. were ad mitted through the Houle of Lords, at the door of which a strong body of M.arshalinen were placed fee their erntedion, and the exclusion of perrous not cf hat rank. Among these were. Toe It. ha.i of E. ,• rt.a Nfarcln•ntess wf Sa!u-butt, and Lady Co ,:Elena and Ern.ly L0..1 Carrington soil 1“. lan's ; Lord Ma Aloriald; Led SI11104...1; ; ; Mr. Bortaines family; Sir John Thrruouur ten's family ; Sir Rupert Minim\ (elan, ; sal several others Long after the door; wets closed, the people tontinued coming .n lir,re parties, and were so late is ten o'clock last nigh: ; Ladies were then soliciting, bit . in vain. for admission. Between fifty and sixty officers, of the Ist and 2d Battalions of tte Cinque torts Volunteers, arrived In town yesterday, to at tend the funeral. The folico;vieg ;s a List of the biaingnished Per m:ages who will have to perform particular duties is the Solemnity of Mr. Pat's Funeral : Chief s t rouen.r, Earl of Chatham, K. G. Sunsuits, Earl of Westmorland, K G. Y.. I CimJea, K. G. Thin Bearer to the Chef Mourner, Sir W ohm Bellingham, Ban. die fiet)eterst Meemeri, Marian of A. , x.r, art,. K. G Marquis el Wetleer.7, K. B. Earl of Euston. EA! Bathurst, Viscount Lowther, sort Lori Oretien'e. To tear Me Great Banner, Hon. H. M P. &wooers, W. R. Caitoright, Esq. M. P. and Edw. W. Entitle. Esq M. P. wee - thetas dud, Lieurensnt-General Lames. 3sagpurters, Right lion Thomas Steele, M. P. Right Hon. Charles Long, M. P. To hear the Gordon, Hon. Brig Qeneral Hope Ituhrentrs, 11 , m Riehrd Ryrier,M P Hon Robert Hondas To bear thi Banner of Emblem's, Hon. hen Percival, N P Ruppotten, Right Hon Gee Canning, M. P. night Hun. George Row, M. P. Pall Bearer. ' Arehbishop of Camerl.ors, Duke ..f Rutland, K. G. Do h. of Beaufort, K. G. Duire of .1 / 4 1 ntrwe, K T. Fey.' Ranioweil-, carried by the Right Hon. to ,e U f the - Reßv. rt I' Right 11 , 01 Sir WM. 5C..11, M. P. Right lion. Win Deridas, M. P. RIM How Sir Evan Nepson, M.P. Banner of the Crest of Plt,Right Rot C. J. riniers Sapperiers—Tbeiess chetmenee'er, Esq. and WI 1134/1 Wil berferse. Esq. Secretary—Wiliam Marshall, Eq. Conritrolter--Josech Smith, t , i. Treasurer—Wm. Deere, Aaam.. Esq. Steward—Wm. Johnsen , Esq. LIST OW Att.* ilOtil WM° P§tllllollg Aft ENDING To sstltSOW. Right lion 1.1-d Rivers Marquis of Baritone/rm. Zishop of I.4icula Exam- Right Hou. T Gremnlle. tar Rail of Carys'ort Tart diem:7 Light Hen Lord Braybrnoke. LAM Vireo ii.l Mahon. 1.o:d G:astontn.ry. • Hen. Leo , D , never. Fart Temple. Ight"Hon. Lora K-ins Hors. Mr. Nesilla. William Merton Pit% Eel Lied Viscount Ebrington. Charles Cholnao.ideley, Esq. Sir W. W. Wynne, Bart. 1 Tyke'', Esq. C. W. W. one, Esq. • J. now, F.so. At a late hour last night toe wotkinen began to lay down the gravel on the line of Procession from the great door of ‘Vestininster Hall, acrosi Old Palate-yard, Parliament-street, Union-street, and Rang -.trees, along the Sanftuary, to the great western door of the Abbey. This line is broad enough for two carriages to move abreast, and has railing en each snit, about Lair feet high, to keep off the cr.. wd. The Prince of WA I. A . • f pll if Volunteers were nn Thur , ea• morning impeded in the King's Mews, Er General W lett N, w and Cole ttei '1 Ak 7 ON. • l'hey mittle a most resp -ctehle NrllSteT, considering that it v. as the fust time of their bring called cut this Se7.oo{lp W' Regiment of Thursday, the Royal .'estrvinster Volunteers were intpeEled by Major-General PH:rt.' and Col. JiT4 !i4C/M. on their ptrade, in the King's !!evi.l ; when the General was pleased to express his eneirenysprolvation of their steady and soldiet like appearance. The Corps afterwards dined at the Na•y G.fi'ee•honse, Newcastle•street, Strand ; and after drinking the health of the King, and a number of other loyal Waits. Il.e health of their Veteran Co -10.14 (who has b-en twenty years in the Regolat Service. and since Commandant of this Regiment) was posed by-Lieutenant-Colonel Tws ai so, and dram/ with three times three. with an enthusiasm seldom equalled in any other Volunteer Regiment. ( :ni. Ranters, in a speech replete with encomiums nn the ability, loyalty, and attention of Lieutenant-- 6:l°nel TWINING. proposed his health, which was also drank with equal enthusiasm. Lieut.-Col , nm' Twpts nu, in an app!npriate manner, returned thaLks ; anu in an able spiach. of considerable length, pun intrued en the present situation of the country, ecpressed his c witidence that the Royal West °WAN' Vnlionteetfi would ever be foremost its de fendant their King, Laws, and Li's:or:tics. ard V - sr vith ght tt: LAW INTELLICENdE. • ------ COURT OF KING'. BENCH, Wasvaii , Fee It. Sitting: at Nisi Prius osfsre Lord ELLENIIOaOOcif fled Sprcial OETAININut MONEY UNDER FALSE. EELTENCES. THE r. ions attowsE. This was an in,hement for a misdemeanour in obtaining money under false preterces, and was etc moved by ,irtiorari from the Quarter Sessions to this Como some of the particulars of this case hare a lready been before our readers, in a leritt of the previOus examination of the parties before. the Magistrates at the Public Office Bow -street, mentioned in a former Paper. It appeared, upon the evidence of Mr. 13radherry, the Prosecutor, that about three years ago, he was introduced to the Defendant, who engaged to pro cure him an employment in the Cocket Office, Custom House, for 2001. ; under which pretence. he had obtained from him carious sums of money.' amounting to neat 3001. Two hundred pounds of this sum was stipulated to be for the procurement of the office, and of the remainder, 501. and '3Ol. were to defray law and other rap n es, for the At tainment of this object. I'art of the latter he had advanced frOm his own private use, but the mein sum - was turnished by his mother, who sold nut that only prestterty she had, which was in stock, to pro cnce this appointment for him. After drawing the *hale of :Let sum, by different smell payments. it mined out, in the seqUel, so be* WASI to defrasied him hf his money, the Defendant not having' the least pretext whatever for making such repro senta tio s. In consequence of this transaetioa. he had disobliged his friends and relations, and was wren aliv totally ruined by it. Mr. Amur, on behalf of the Defendant, cross ex.:mined the Prosecutor, with much strieness, as to the manner of his several payments, aid whether they were made in bank-mars or specie? with sped to which, he was answered, ' in both ways." Sometimes to the Defendant - la person, but most fre quently to his servant or desk. The Learned Coun sel was proceeding at some length, in this style of examine:ton, when Lord thaosouca interfered, by asking. whe ther Mr. Alley ::irant to rest his case en a point of law ; namely, whether a payment in bark-notes in stead et specie was a legal payment within the Sta tute? and Mr. Accra- replied, that certainly that was the only defence he had ; and, as the aft of Parliament was estneerliat equivocal on that pint, he thought it his duty to erdcavour to establish his objeeion to it. Lord ELLit , ll , 3•lOl.7tlN answered, that he was aware such an objeftion might pneeibly be taken I hut. from the many cases which had already been decided upon this head, it was now considered a settled and established rule of law. Mr. ruts, in addressing the Jury, again ade verted to the equivocal strueute of the Aft of Par herniae, and expressed a v.ish that the Legislaturr would remedy the evil by a short explenatory Lord EL:.i. , RUSOUCII. in summing up the evil dente to air Jury, considered the present case poi-- reedy clear. The Jury immediately found a verdict of Grilt..• FaENCI. I MISONI:11S. THE RING v. IFIDNIAS War nun, end OVUM. 1 his Wits an indiftrnent against the Defendants. charging thern with a conspiracy to procure the, escape of some French prisoners of war, and, furei thee. to procure them a passage to return to France.. Mr. Jetty's, for the prosecution, was proceeding` to state the case, when Lord ELLEsiaoltOvnit observed, that he had re ceived a sort of Petition from the Defendant', r.- questing that be would assign Counsel to them. It was a case in which he could not do so; but inti mated a wish, that some Geritleman bthirrd the Bar would have the goodness to attend m it. After some hesitation, Mr. Cvawooo consented to take on himself Ais of ice of humanity. Air. drams proceeded to state, that this indict ment was prosecuted by the Commissioners of the 'Transport Board, who, in that capacity, also had the superintendence of the pi isoners of war. It WAS with great pleasure to himself, and, he was sure, also to the Jury, that Counsel had so kindly taken on him to watch the Defendants' interests, as they would then have the full advantage ; and it was the wish of the Prosecutors to give them every oppor tunity rf defending, themselves. After stating some of the }aft. cf the case, the Leatned Ccuesel ob served, that this was a question ef very great im portance, as it involved, to a very great degree, the condition and liberation of many of our fellow-stab. jeas now is confinement in France. In the first place, the persons thus .escaping from this country, it was natural to suppose, would make many misre presentations of the treatment they received here, in order to account for their return ; by which means the imprisonment of British subjects might be rendered much more strict and severe than it ntherwise would be; hut a still greater mischief would arise—many rood sithjeas, and worthy mem bers of society, would be deprived the benefit of a fair exchange. and their country thereby sustain a loss, in their exertions fur the benefit of the com munity at large. It appeared in evidence, that the town of Ches terfield, where the prisoners in question had resided, WAS full of persons of this descriptioto all of whom were permitted to go at large upon their parole, un der certain restrictions. John Bower. Esq. Agent for French Prisoners at that place, proved that these restrietions, and various other regulations for their conduct, were notorious, not only to the prisoners themselves, but to ail the inhabitants. Large printed notices, to this effect, were posted up in all the public places in and about the town, particularly in the Market-place. besides the papers of the conditions of parole, &c. received by the prisoners at war themselvee, on their arrival at their place of dsrstination. By these regriletioes they were snifeted to walk a distance of one mile only without the town ; not suffered to go into meadows or corn fields after a certain hour in the evening, and nut to depart from their lodgings be forh six o'clock, or hour of bell ringing, is the marnirte. The Defendant, Weldon, was. by trade, a hatter, residing in the Marker-place of Chester field. On the filth or 19th of (Motor usorge, _ Andre !forum and Jean Basil , Arne Frisco pet- : I. toners of war, were missing, and discovered to bilk broken their parole and made their escape. -B , y the evidence of Andre Hugues, who spoke by an inter-, preter, it appeared he was a native of kinurdeartr. in Fr ance.aud had been the Captain of a French ship! captured by some English ct uisers; the other prison's/i Were of the sarr.e description. On the 21tth OR th ud Defendant came to the lodgings of Bard, in Chester-1 .field, about midnight, or near one o'clock in thi4 morning, where , th e witness then was, and brough t with him a post-carriage ; the three got into and drove off for London ; Bazil got money from the witness, and gave it to the Defendant, who de frayed all the expences of the joutney ; and upon:: their arrival at one Cl ty'sliouse,.in Adams's Mews, Grosvenor-square, they paid the Defendant 14 or In guineas tot h.s trouble. They *were afterwards introduced at the Exchange, to two Dutch Jew Brokers, who engaged to procure them a passage to. the Confieent ; a:id the witness was adually on' hoard a Prussian vessel in the river, about to sail for. Rotterdam, when he was apprehended by some of ficers of the Thames Police. The prisoner, An toni Sativage, had arrived in town sonic days pre-, viotte, and had ratted his escape so completely, that he ne ver WAS heard of since. Mr. Comoros having cross-examined the Wit nesses, then took an objedion to the indidment, at charging the Defendant with a conspiracy; where as, the only ennspirators mentioned along with him, were the Isench Prisoners; who, .as such, . were endeavouring 4* procure their return to their: own' country. and this, therefore, coold not be Cons' . starred in the law, as a crime in them. The De fendant consequently stood alone upon the evi dence ; and, in order to constitute a conspiracy, it was neceisary to shew, that two or more persons were concerned in the committal of some certain offence against the law of the land. Lord Ectte boa once allowed this objeCtion to be fatal to that part of the Me for the prows tion ; but the following counts in the indictment,' charged the offence generally, as against the De fendant, Weldon, alone. Mr. Cut worm, then contended that from the esti dence it appeared, that the Defendant had neve seen the prisoners, until the moment of their d •par ture bore Chesterfield and, therefore, it was pro bable he might riot have known who, and what they were.; and in order to find a verdict of guilty, : it should be :hewn that he committed the crane wi:h guiltya knowledge of the fact. ord Eccr.seortaucita gave the learned Counsel great credit far the c A lsjeCtions he had taken, het thought, that from all the concomitant circum stances, the Defendant could not possibly be int)- : rant of the situation of these persons. 'the Jury found a Verdict of Ge:lty, upon the '2d, 3d, and 4th Counts. THE KING W. COHEN en 4 nP. vouttett. This was a similar indictment to the ahnee, again,t Isaac Alexander C , dien, and Jams De Ycei •g, the two Dutch Jew brokers, before al uded to. These Defendants were in a similar predicament, as to want of Counsel, as the Vrmer. The Defendant. Coln, applied in person to the Court. to have C.:nrsel assioned him. He pleads I poverryrsrayMN be lerti;;Ade a staterhen► of his ease out as well as he could, for the instruction of Counsel ' Mr. Dos A insure took upon him •to assist them; and, as Andr: }fugues was the principal witness, nearly the same facts as in the former case were d;rchsed, with the addition, that after the introduction at ahe Exchange, the witness and lived neat door to the Defendant, in the • City for some days, while they sought a vessel bound fur the Continent. Andre wa, at last put on board a Prussian shi:s, where he remained for some days. The Defendant, C shen, offered SO guineas for his passage to the Captain (although the usual rate was only three or four guineas), but being employed by Government in the Transport Service. he re fused to tale him without a certificate or passport from the Prtissian Ambas.ador. He was then re moved to another Prussian vessel, bound for Rot terdam, %shoe the same sum was offered for his passago, but he w.is immedi..tely afterwards appre- . -- headed. _ _ Nlr. Dovstosoa made some oisj?etions on the insuliiciencr ot the evidence, avre over ruled. Th: Defendant, Cohen, was then proceed ing to read his case without furth:r ceremony, when Lord LLLLACOtt4UCH told him, lie hail had Counsel already assigned to him, though he sus pected he had ample means of retaining them in the first instance. He must either leave bis de lenci to him or not, but his Lordship could not suffer such it regularii y. In answer to a goestirn from his Lordship, Mr. Duna LIMON said, that them was nothing in the D.fendant's case, in tag, on which he could rest any dehice.--Verdid, Godly against both. NI A 111114Allt V MOSUL. This was an Action fir work and labour, brought by the Plaintiff, who was a scene painter at the Opera Iloese, against the Administrator, with the Will annexe J, of the late Sir John C.dlini. The demand nAi near 18001. . _ The deceased wishing to enlarge and improve his country.house, at Yetteadan, in bat kshire, had em plo)ed the Plaintiff to design various decorations for this purpose, and to visit several noblemen and gentlemen's seats, to take piatts and sketches (a vast quantity of which were pr •dosed is Court), and afterwards to superintend these im provements. it appeared, however, upon the cress-examination of Reid, the carpenter who executed the work. that the Plaintiff was t•.ot to be paid by tie deceased, but by an allowance of 101. per cent. agreed to be paid to him by the witness, upon all his profits. Do :mg the whole ti m e, he had the free and entire use of the deceased's carriage. and lived entirdy at • hi. house. Lord Ext.cvnottovou considered it a gross and detestable impobition attempted to be put upon the AdministrAtur, and the P:Aintiff was NOMA eited. • .ICOTt C. SCHOLLY and APIOTIER. • . This action was brought against the -.Sheriffs of the C.,lutty of 444bilesont (who wore inderna.fit#2.), for not rn.tkir.; a rtturn of " goods." on an exec u t:on far 1.60.. A. againat Mr. Colenoti, ty t• y tht J_ _ , , . _ .-"~ question of what interest that Gentians:shad in tLe Haymarket Theatre, held under lease. Sir V. Grass stated, that these were leasehold premises, originially the sole property of Mr. Col man, but he had disposed et one-third to trustees. for Mr. Morris, for 35001. Another share he had disposed of to Messrs. Winston and. Towersdarr, . - for 35001. mere. And Mr. Coleman contendeo, that the remaining portion. which might he valued at 70001. was covered by Mrs. Coleman's wale went. and a mortgage for 12001. ft was a well. khown fAa in law, lie then observed. that a settle ment made after marriage. could not stand in the way of a duna file debt, previously flue. which was the present Case; and therefore the Sheriff was net authorized in making his re:urn of nslla bona. The necessa; y proofs being gone into, Mr. GARROW, for the 1011, , fendaeur, capers • a - desire that the business might be settled by af lion. It was the anxious wish of all the,partips . put Mr. Coleman's affairs, which were at p much deranged, into a.state s of set:lmo:At and verdia were now to be taken, it would facto the pie ;office of the ocher Proprietors, whe . must city'; nei cessarily apply to a Cour: of Equity Arr relsef., • Sr V G; nos replied. tnat be had no ; and a Vet dia wasuccorchr.giy emetei for Liao lima.' iff, in the turn of 12001. • COMMON PLEAc, Wsaistiitsreit. . - • This day, the Sittings After Term oommencad at Guildhall, before Lord Chief Justice iMe.oesissa• - ', Sixty-seven new causes wers.sinteemi for trial s ose-. chutes-of nine remount. IPJLICV IVSURINCE. stucittit r. OS LA C ,, Ult. This was one of the numerous odious thatsn s.. upos policie. of marine inurranee. • TlieDer • was en Underwriter of the policy remit Plaintiff's ship Rosetta, which was insured •• London to the ship's port or poem d discherlM. Tohazo.” The vessel was la'Jen with coats, hrteks,,,,, and other West India stor-s. and arrived atQueines Bay, Tiibage, ou the 31st of January. 1105, wise part of her cargo was delivered ; and. instead GO ballast to replace it, :ha Captain tonic on board tee turo produce for his voyage homeward: he theft., proceeded to various other poets along the ida, discharging his outward cargo as he went. and - placing it with Colonial produce. for the Eneilis market ; but, in entering*Tfrrei's flay, on the Pith of February. in couseque lot of adverse and haf2iag winds, occasioned by an awkward headland, the vessel drove on a ridge of rocks, and *as av much damaged, that ii was with difficulty her av :. .ns could be colifined in h-r, and she put into.* sq proceed to Listrin, where ships- survejed by t of the Judge Surrogate; amt. the expellee of rep-awing her rough vas exceed the Oen value of thi up, and sold for the Itenefil for three or four har.dr these fags, Mr. Seijeant No evidence was p:i., hut !Mr. Serjeant VAto.:l Plaintiff, at the time,the Bay, had abrogated his from the•Underortiter, the ship's 6:dtwltsl he cosoiffered to Mt!, at take on board a It had been said, that tt had been taft , or on board. but, it could not be contended, had a right to protraa th e Jet writers by the delay at must, necessarily, attand shippiefg a cargo for his She had, besides, visited ' fore she went to 'fit refs diligence and proper expedi Defendant nnd the other i obligations of their agreement. Lord Chief Justice Islassrizco sa:d, thit. as de Policy was a general one. weeding to the ships voyage to several ports. and as it appeared from ti)e evidence. tk•it it was cuoomary to bezin to take sn a homeward cargo, as soon as the outward cargo was discharged ; the question for the tonsideratsco of the Jury seemed to be. whether the raptain of the ship had loitered unnecessarily ierpfosecoting his voyage to his ultimate outward destination. and by any want of reasonable expedition, bad dmiated• from the condition* of tiro Policy, trader which this anion which was !.ronght to recover damages ? Verdizt for the Plaintiff, damages 911. 10s. ASS k ULT. SENNETT 1.. ATKINSOII., Mr. EMMAUS opesed Ibis Case. by stating. that it was an adioa for assault, ren2ered more than erfrn- Monty flagrant by the en =mune. of the Piaiiitiff, upon whom it was committed, being a man up wards of 62 years of age, and the Defendant a young man, in the strength and. ,lustiness of man-• ik'Ud. Mr. Serjeant Bus, in peweeed ing to the details. said. the Deienelant was whai is toned, a dashing young man of fortune.'' and who endeavoured to I support that charafter, bi Ldrsewhipping almost every man he met. The Plaintiff, and he. both of I whom had country houses SOON Messer slistlnce from towt,.wete, from frequently 'twin one soother, in habits of slight and couneoui•inticnacy, .111 Au gust last, the was proceeding is town in his low chair., when the Defendant, who was also on the sante route, in a high fashionable gig, unpo vokedly addresed him, by telling him. that be was " a d—d old scoundrel, and a rascal, and ought to be hanged." Th 6 odd salutation produced a re ply ; upon which the Defendant drove his gig along-side the chaise of Mr. Bennett, and, oith all the strength he posseised. host violently ben him with a heavy whip ; as*, having exhausted kis strength, upon some persons coming up, drove fu riously off, and left thcfPlaintiff to seek that redress which he -novt 'tied for through the medium of a Court of Justice. Two witnesses were called, who stated, that. on the Otis of August, they heard two persons in a very warm altercation near the fiv4-irsile.stone on tt.e Lccbridge-road, and, on going towards thens, saw Mr. Atkinson, the Defen dant, violently the Plaintiff with a whip. Upon one of them goat?, up, the kir beatsw. Bennett merely . 1 . and she put into a vice to e rhi was survejel by tarsier ; and, it being fnuod that her wankl mur,h snore thari F thit ship, she was lanalsen enclit if the Underwriters, pounds. To establish • it Bsvr called witrtems. inced for the liethrhint; .; II AIS Co intended, thin Ao he vrssel struck, ofirqiFl's right to recover Ainag i t as their issurance c voyage, ar:cl t at it the tune that she hegao to far her voyage hornier - aid- the return Nodose, which rd, was instead qf bapali ; ontendrd, that the Copt la the responsibility of the • - at the different port's , d his looking Wit fur, to s homeward-bound xroy I two of the Bays twAcie,Taiiii s Day ; and by the ' watt i : f Tedirinn, had obsol4 - 1 'ter Under Writers fi-sos t Defendant drove r elf at a great rate. - kir t did not attempt to strike his opponent. t to avoid big Wows. by - whit:. La was so