The Sun. — London, England, 1812-07-18 00:00:00

LAW REPORT. COURT OF CHANCERY, JULY 17. POWER,AND MOORE V. WALKER. Sir SAMUEL ROMILLY, followed by Mr. LEACH and Mr. SHADWELL, on the behalf of the plain tiffs, moved for an Injunction irvthis caute, restrain the defendantfrom _selling two Batia4,- called " fly not yc , t," and " Eveleeifs,Boicer," being in their titles, rhyme, and tune, the same as two Ballads in the valuable Work of Mr. Moore, who transferred the copy-right to his pre. sent co-plaintiff, whom he now joins in the Bill with an affidavit, grounding the motion for an Injunction. The defendant is a music-seller, and has select ed the above Ballads front the " Irish Melodies" of Mr. Moore, which are-injured in their celebr!— ty, by the inferiority of this imitation ,of them, the words being different by design, to evade the penalties againstliterary,piracy. The Learned Counsel .observed, that be feared he could . not retain sufficient gravity on :this oc casion, lest. -his followers, Mr. Leach and Mr. '1 Sli:adwell, should, become, the former the melody; 1 and the latter the symphony of these compositions. Mr. LEACH assimilated this case to one from Bri ;tot, wherein such an Injunction was granted so restrain a man from' ...using the sign of the Three Pigeons upon his house, whic'h would tend to withdraw the .customers of another, .who had the-same sign previously ; and Mr. SHADWELL cited a case from Popham, recited by Lord Hard wicke, in 2d Atkins, as lair, where an_ action will lie against a man for impressing upoii cloth for. sale the same Mark that was previously used by another: The LORD 61±ANCELLOR observed, that was like the case of the man selling the- Wonderful Magetzile, after the first publisher of such a work had sold fire or six numbers thereof. His Lord ship added, that be thought the ,words of an in junction could he framed to meet the circum stances of this case, and on further consideration, granted a general injunction. —Motion granted. Tnom.A.s and others, Legatees and Annuitants of the Duke, of Queensberry, agarinst MONTGOMERY, Bart. and others, his Grace's Executers, and others. Mr. RICHARDS stated to the LORD CHANCELLOR that the Masfer had made his separate report of the debts due from the late Duke, and of the le gacies given by his will and codicils, which there was a very large fund in Court to discharge ' but there were mast serious difficulties for the Exe cutors to encounter, arising from the claims made by the Marquis of Queensberry., Lord Wemys, and Others, in Scotland, in consequence .of the Duke having granted various leases for terms far . exceeding his legal powers, and received fines or grassums !or the same. The Learned Counsel observed, that these claims were ascertained in - 01.ne - degree by the Master's report, which speci fied them to be upwards of 350,0001. and as there was property in the Court greatly beyond that amount, he trusted his Lordship would consider the extreme hardship ou the Creditors, Annui, tants, and Legatees, (many . of whom were in great distreSs), that their claims "should be post-;, paned until the suits in Scotland were concluded, which must occupy a long period, and he hoped that an order would be made for the discharge of the debts,' and payment of part of the legacies at least, reser\ ing a sum adequate to the amount of the claims specified in the Master's report. The LORD CHANCELLOR observed, that he could not make such an orz!er with notice of the claims in Scotland, as their amount appeared enor 1130US, and to his knowledge proceedings were going on in the Court of Session, to vacate the long leases which the Duke had granted, and it Was impossible to foresee the consequences. Sir Sii:vse RomILLY, on the part of the Ex ecutors, expressed their anxiety to promote the wishes of the Petitioners, for whom they felt • much, and they were most desirous of facilitating the payment of theirclaims by any meesnre which could be adopted consistent with their duty. The LORD CHANCELLOR replied, that he could flat venture.to do more, than refer it to the Mas ter to ascertain from the proceedings the full amount of the Scotch demands ; after which, the parties must again apply to the Court. His Lord ship remarked, that he was fully "convinced that the Executors and all parties had done every thing possible to assist the Petitioners ; hut he could not at present relieve them by an order for payment of any thing. Mr. Hoatmappeared for Mr. Fuller, one of his Grace's creditors, 'who had obtained a judgment against the executors, and pressed the immediate payment of his debt, and interest ftom fhe time of judgment being signed. His Lordship said, he would order the-debts to he paid, but certainly would not allow interest on that in question, as the creditor could only go ftecording to the rules of the Court ; for had he attempted to prosecute his judgment, the Courtwould have stopped his proceedings. • The cause is therefore sent back to the Master, awl foriethe present the immense property of his 'Grace, after payment of the debts, which are 4m -der. 90001. will remain in. Court to accumulate un til-it can be apprepeiated. GOLDSMID V. GOLDSMID. • This was an application, by petition and mo tion; to the .Court, for permission to-sell the house and concerns of the late Mr. Goldsmid, at' Roe hampton, in Siirrey, pursumit to an arrangement made between his widow and her children; by which she was to take an annuity, amounting in value to one moiety, or half of the mansion house, &c. •to which. they were subject; the an -imity to be duly. secured on the premises, or on equally solid security, mid the remainder of the pur chase Money to be distributed in equal proportions between the children. • _ _ This motion was for leave to sell, notwith indsing the lien of the annuity.—The motion was granted. pee - tacked before 'sun-set ; she would not have neared the two strange ships, and would have 'gone farther from the enemy I•,do not think the enemy ,could have reached us at midnight, under the circumstances. of the wind, and tide ; I saw one ship to windward on our larbOard quarter fire. Hon. Coulmissioner GREY sworn He corroborated the statement of Sir J. A. Wood, respecting.the Pompee . de'.l3 in the water, previous to her sailing' from Portsmouth. Lieut. ROGE'RS,-of the'Pofnpee, sworn. I dined with Sir James Wood on the 10th Mar . eh, when Lieutenant White came down, and report ed the Diana, had• made her number, and that the _ enemy's Squadron Was in sight; SirJemeS then 'said we must not take much' WjlIC to-day, and we left the cabin, and I went to my qww ; ers Sir James said lie , ws.s deterniined to get to windward of the enemy, and thought they were come out to inter cept•the East In4Lit convoy ; the ship was. kept as close to the wind as possible, and every eNertion madeto near the enemy ; had we been on the starboard tack in tbe.evening we must have got Very near the enemy before we Could have seen FOtYRT}r DAY. . . Lieutenant WILORD, senior Lieutenant - of. the Pompee, The people ,remained at their quarters about ten minutes before the Pornpee tacked. I ex pressed my astonishment at our remaining on that tack to Lieutenant Gammage, who -said we had bettei go in a body ; and speak to tile Captain on deck.. I said that Was not proper, but I would speak to Lieutenant Herbert, who had'greater in fluence with the Captain. I then went myself.. 7-- We were then standing South. East, from the enemy : we did ,not see ,the enemy after the Pompee tacked to the South East. About one o'ciock the hands were piped to quarters, and'l found Sir James in the act of wearing ship, .and a. report that several vessels werein sight. We altered our course frequehtly, to avoid them. I went on the poop, and saw a vessel astern, who fired a shot. 'thought I saw a second, but was not sure. At day light we could..see nothing—it was then - hazy,-- -. I. do not know what occasioned the Pompee to tack after six o'clock in the evening. If the.Pom pee had continued on the starboard tack, and the enemy on the course they then were; we should have got to windward of the enemy, as the Diana woldd have given us timely notice, had they have hauled towards us. • The vessel that fired on the. Pompße at midnight appeared small, but I cannot say if she. were a line of battle ship or not. I did not consider this,vesselas compos . ing part a the enemy's squadron, from the course they were steering, and the 'distance they were from us--she was about, four ship's length froin us—when the ship, fired, no private signal was made either by her or the Pompee. saw six ships of , the enemy before dark. -There were various opinions reSpecting the ships seen at midnight by the officers of the- Pompte. I have differed from Sir J. "Wood since the loth of March, on Some-points of duty, and have .asked his permission to write for another ship. I suppose we could have joined the stranger about 12 Or one o'clock the next clay. • Mr. J. DickenSon, Mr. D. Roberts, Master's-. mate, Lieut. R.. Blake, and several' other witnes ses were examined, hut their evidence produced nothing material. • Mr. "'resident, and Gentlemen.of this Honour able. . Court,--I have now closed the whole of the evidence to' substantiate the facts mentioned in my defence; and although I have summoned . se veral others here, for the same purpose, yet not - wishing to detain the, Court • any longer, or to trespass upon your'time unnecessarily, by examin ing several witnesses to• the same points, I do not mean to call any more, - .unless the Court should think proper to do do so: and I return my most grateful acknowledgments to . this Hon. Court, for the patient indulgence and unwearied atten tion manifested during the whole of/this investiga tion; and relying upon your impartiality and jiidgment, I, with confidence, submit my cause into your, hands. • Capt. Campbell's defence read by the, Judge Advocate, was as follow:.-;-- . Mr. President,—l thank you Sir, and the Mem bers of this Honourable Court, for the minute attention you have paid throughout this investiga tion: I have also to express my satisfaction; that 11.[a whole of my ,conduct and 'proceedings on the 10th and I lth March last,. are 'now-under your consideration, feeling thoroughly , conscious I was influenced .by every zealous and honovable Motive, for. :the goo 1 of his Majesty's service, and that . 0,7 . ,proceedings; on that 'occasion, were such as-will eventually meet your approba tion. I cannot, , however, forbear expressing my astonishment at having., been brought to ' *a Court Martial fo . my conduct on the two days alluded to, : as I bail every reason to believe, it had met their Lordships approbation, as well'as that of ' the Right Hon. - 'Lord Keith, my Coiri Jnander in Chief, more_ especially so, having had no intimation to the contrary, or even that-any investigation of this. kind would take place, until Friday last, ou iny arrivalat Spithead. I shall not, however, -take up the time of the Court with any further prehminary observations of this nature, but proceed to state the reasons which governed my conduct on those two days, and of the mea sures I pursued, and I trust I shall be able to spew, that any other could not have accomplished the Object I had in view, viz ; of forming a junction with the strangers to lee Ward, who: I was satisied Were friends, and, at the same time, running the leat possible Tisk oflosing sight of the,enemy's squadron. The Court is already in possession of a sketch of the relative situations of the different ships, at the-most important .pe riods of those two days ; and as these are laid down agreeable to the bearings anew distances of the Tremendous's log-book : I shall endeavour to prove, by the evidence of her offictrs, that every measure taken, and courses ahaped, wero the best calculated for accomplishing these 'objects, without forfeiting all possible chsnee of ever bringing them to action. , Having from partial winds and thick hazy weather, unavoidably lost sight of- the . enemy on the forenoon of the 11th, And given up all hopes of meeting any .reinforce- Inca, I considered it no longer advisable to chace further to the westward, being - confident that the enemy's object was Brest; and as the probability ,of falling in with them there, was much greater than by following them into the ocean, I felt it my duty to return to that station ; in this exercising that personal discretion %If hich is incumbent on me and every other officer to do in • the discharge of hi 3 duty. It will be in the recollection of the Court, that Capt.: Jackson has declared, zealous as he was for continuing the pursuit across the Atlantic, that he thought rently, when I spewed him the.papers in my pos- 1 session, relative to this squadron of tile enemy). and the reasons-I had for entertaining a belief so strong as I did that its destination was Brest ;, the event has fully proved the correctness of theSe opinions. I shall, Sir, only occupy yalit time with, two or three observations more, merely to state, that 1 trust that the Whole of my pro-' fessional conduct, ,has been such as to preserve me from the - moa distant imputation of not being Actuated by a proper and manly zeal for the ho-: Hour of the service to which -I belong, and that duty which') owe to my 'King and country. Dia 1 apprehend that the, present investigatien,-etri braced even the smallest portion of such a question: I could confidently appeal to the personal know ledge of several Of the Members of this Court, and to ,some of the best officers of our navy, for a coo trary testhnony; this, my own feelings tell me, i 3 unnecessary, and 1 shall no longer dwell on the sukject. If, however, Sir, in the best exercise . of my judgment, and animated with the strong . est desire of joining the two ships to lee - ward. (with the intention of bringing the enemy's squa dron to battle as soon afterwards as p os sible, were either of the strangers of the line), it be my - m4;fortune to find that the measures I adopted for accomplishing this double purpose were not precisely those Which subsequently al!" peared to, Lord Keith, my Commander-in-Chief , the best calculated for. attaining such a deirable end,. •would not have it imagined that _either I assume too much to myself in the _face of • such high authority 'as his, or in the re'7 mntest degree, mean to reflect on his Lordship' s judgment, when I express mv firm belief that had he been on the spat , and yielivine, With the expe rienced eye of an accoulplished seaman and officer" the measures which were pursued, and the move" ments of the Tremendous and Poictiers, that those proceedings would have met his unqualified probation,; as it is iny' anxious hope they la-1y with that of the President and the Members of the Court, whom I have at present the honour of ad dressin. RoaERT CAmPDF-I,L. The sentence was given in a former Paper. - Miss DLINC‘AN is not performing in Dublin, a s , stated. She was announced there by the ALIO' ger in expectation of her going there; but soo le difference arose, and she did not quit London. A Bill has received the Royal Assent for Per" mittl'ag the use of brown sugar in public breweries for a time limited (private brewing from S'agar h always been permitted). It has been found experience that Bibs. of sugar are equal to otl, bushel of malt ; and for making three barrels "1' ale, four bushels of malt; 6411/s. of sugar, ,"14 11 o'. two pounds of good hops, have been used site' cessfully. The sugar should be ,dissolved in th e ivort,.and well boiled, and the yeast added at 6'e, to 62 degrees of heat.' BIRTHS. • On the 15th inst. at Great Marlow, the Lady of the o°' Alexander Hope, M. P. of a Son. 01 Yeterday, the Lady of Captain Sir Peter. Parker, BID"' his Majesty's ship Menelaus, of a Son. MARRIED. 9tIT I. at ID 39 01 29.99 • II 'COVRT MARTIAL ON CAPTAIN SIR JAMES ATfriol. WOOD AND• CAPTAIN .:ROBERT CAMPBELL. [COntinuesl from our Paper of Thursday.] I shall not trouble the Court with many obser vations on such parts of the evidence as appear to be at variance with respect to distance or position either of the Diana or Pompee, from the strange ships before the close of the day on the 10th of March ; but there' are some differences Which I • think it my-duty-to - notice, and shall then leave this Honourable Court, to draw their conchisions, fiom the 'testimony of 'the witness I shall pro duce;:-Who from their situations on board the POMpee. were equally, if not better qualified to make their observations. Ist, Capt. Ferris days, in answer to a question put fr. me, that at half past six, or, perhaps a little later, he could see from the Diana's deck the lower yards of the Tie niendous. Mr. Madden, in his examination by - the Court says, that at half.Tast 5, he could see from the Diana's deck the lower yards of the headmost ships ; but in a question put by me, he states, that he.could j 6:st distinguish'from the Di ana's main-top, With a glass, the heads •of the courses of the headmost ship, and that in 'about :1 half an hour afterwardS he looked at them from the gangway. Mr. Jeffery, gunner,' says that at "half-past 5 he could just see froM the Diana's starboard gangway their top-gallant sails through the glass. Mr. Hopkins, master's mate, says, that at 6 _d'clock be could make Ont, from the Diana's_ starboard gangway, a top-gallant-sail aboVe the horizon: Capt. Jackson and his Master differ so . Mueh from each other with respect to distance, as well as Capt. Ferris and his Marine officer, from all the other evidence of the Diana and ships to wind ward; that it-strikes Me the latter must have been looking at the Fienchfrifrates between the strange ships and the enethy, and 'at the strange ships: As to the time the two strange sail were seen from the Diana, -this appears to me a mistake in-the Marine Officer's watch, for Captain Ferris says he left the Posupee at near . five O'clock • now by our time, regulated by a tithe-keePer, - . l;e left her precisely at, 37 minutes after four, and , the Pom pee .was filled to stand to the S. at 20 minutes be fore five ; and after standing about 15 or 20 mi nutes to the S. tacked again to the'N. Mr. Madden says in his evidence when the strange sails were first discovered from the Diana, that the Pompee was then a utile and a half astern of her; to this I have only to observe; that as both ships were close to each otherwhen Captain Ferris went aboard, it most have taken some time for the Diana to have increased their distance a mile and a half ; it must therefore have been 5 or past 5 before the strange sails Were discoVered from theDia- - na. I shall not - trouble the Coart 'any longer with" coinments on thelvariance in the evidence, as to time and distance ; and have now only further to add, that, from a conscioUsriess of the rectitude of my, proceedings, in the matters under your investiga tson, and being actuated by the best motives, for the good of his Majesty's service, and My' own honour, arts! after having considered and recon sidered the whole of my - Conduct, while in pre sence of the enemy, I see no act of mine I could amend under similar. circumstances, and under si milar impressions. In illustration of my defence, I beg leave to submit a sketeh taken from the evi dence before this Court, Which, although drawn in haste, I trust is correct, of the Pompee's rela tive pOSition to the enemy, and strange ships, at stm-set of the 10th of March ;'alai her track when sbe,hauled on the larboard tack, until half an hour after midnight ; with that of the_enetny's bearing down upon her ; also 'the relative po sitions and tracks of the 'Diana, until: half-past nine, when she . saw the enemy's light on het star board lee bow. Ir. COOK, Master of the Pompee, sworn. • The-enemy, on the 10th of March, at half-past six P.M. neared, us fast. I observed the headmost of the enemys snips wear round, so that I could see between her masts ; she was standing towards the Pompee S.S.E. ; the Pompee was kept close' to the wind ; to the best of my knowledge, we were endeavouring both to near the strange ships and the enemy as much as possible ; the Pompee lay N. and by W. until 40 minutes past six, when - she tacked ; the strange ships bore about E. ' • the Pompee afterwards tacked S.E. and by S, and S.E. by E. and was kept elose . to the wind: the Pom pee, at half past twelve; discovered three strange ships astern, in a line 'abreast, steering S. W. when we were in the act of Nearing, and piped all hands to quarters ; the Pompee was deep in the water,. from the., additional 'quantity of iron and new iron work put into her ; the strangers appeared to be Englisliships of .war; it was impossible for the Po4 , pee to close with the strangers more than' sheshe'd before dark ; thy were first seen between four and Aye o'clock ; the enemy fired three shots at the Piempee; they were under royals, top-gallant sails, - courses, and stay-sails ; one of the, enemy appeared to sail much better than the others ; at first it was my opinion that the ships seen at midnight were the enemy's ships, but about an hour afterwards I altered arty opinion-; one of- the three ships fired a shot at the Pompee, which dropped over the larboard bow; she was about a mile distance ; had our sole view been 'to form .a junction with the two strangers, and considering all the circumstances of the enemy's position, the course, and rate of sailing of the Pompee, I Should have endeavoured to have joined by keeping' her close on'the wind, On the starboard tack ; the Pompee was sailing during the night . at 3 to 5, 3 and 1, and G, the two last hours ; I think the Pompee might have joined the strangers in the course of the morning, and not before, if the eneniy had not been crossi rig the Pompee ; I should' not Piave considered it safe to have remained on the starboard tack, under the probability of the enemy altering their course ; it was not the opi nion on board the Pompee, that the enemy's squa-. dron. was standing to the southward after dark. Lieut. GEO. WHITE, of the PoNpee, sworn. 'We beard first of, the French squadron about one o'clock, P.M. weather very clear ; we saw the Diana between two and three o'clock, -from the poop of the Pompee ; I think I had the Porn- se LONDON: Printed by THOMAS WOOD, of No. $ 5, Maiden - lane , Corent-garcien.; -. and Vubli,bed, by WILLIAM ARMIGER SCRIPPS, South Molton-street, Grosvenor-square, At the SUN Ok . FICF., No. 112, Strand, wilere Advertisements, Ordgrs . for - the Paper, Letters for the Editor, 6.c. (post paid), must be.a‘ldresd.. , in the COtl 411 On T 1 „in ursdae —ll ~ a. ..4 Norfolk, n Sir George Hoite, ins K.S.F. of the oreton, Itoyal to Mary, the daughter of Mrs. Burroughs, of Burlia”- Hall, in the said County, DIED. 14 On the 11th of June, at Halifax, Nov. Scotia, in 1 1 i 5 4 year, William Birch Brinley, .Esq. , fef Yestlrday se'nnight, at Dundalk, in Ireland, after • a..,"16' days illness, in the 23d year of his age, the Hon. James'? 7,is Jocelyn, Second son of the Earl of Rodeo, and a Lie ute° in the Itnyal Ny. av • On Sittnrday last, Dr. , O'Connor, Rector of Castlenoell Ireland. He was formerly a Fellow of Trinity C011ege... 4 4 f The same evening, ar. Coventry, while visiting a David Rattray, M.D. in the 75th.year of his'aze. Os On Monday last, at E.i.stho , tra, Mrs. Mbrtimer, re • the late Charles Smith Mortimer, Esq. of the same On the 16th inst. at Staines Lodge, Edward Cooper, of Doctors' Common's, in the 68th year of Ms age. COAL MARKET, JUTS 17. Ships at Mayliet: Ships sold. Price. ea, 395. Od. to 49-c. i s, . —S. od. to -°' 0 4, . .275. od. to -- -4 • pd • —s. od. to 17 1 1 Newcastle . . . Sunderland . . . . Cinders. Culn4 144 . . PitlcE OF STdc Bank Stock, •151 215. . . Navy, 5 per Cent. 87 ii Irish 5 per Cent. 4 per Cent: 72H- 731 3 per Cr.: :ted. 564,g?l 3 per Cent. Con.. f,4 0,1 Bank L. Ann. 154 1-IGth India stock, METEOROLOG KS YESTERDAY. India Builds, los. 9s. di' s .' Suu s,!:lStock, Exelieq. Bills, Std) pe r da. ss. dis. r'' Ditto, 3y. per day, as. 5 5 .• t 2 pr• :3 per Cent. 4 Cons. torOpeniog , 5i "AL JO B Y E. CR NAL, iIILOSOPHICAL INSTEU EXTM ARER, STRA:ID • t,' ...: 7, :7 • • 30 45 .17. .1G eather. t Fair ( hi • 1.4 ztio x ,-- 1 Fair CW 6 I Faic pr,;041 ,---, • .....--....--.......,_ 0 1/ ii . HIGH WATER AT LONDON BRIDGE TO-NIORIt 0 Morning, 3 . 6 minutes after 9. I Evening, 3 s.r.ic2 t " af - . i`iactmoinetcr. r .~ , y