The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1777-05-26 00:00:00, page 2

Mr. Buller. Did you go to Dr. Dodd's in
the second coach ?
Mr. Innes. Yes.
Mr. Buller. Then you was not present at
the firft conversation, as Rated by Mr. Manley ?
Mr. Innes. No.
,Mr. Buller. How long was it before yeu did
arrive ?
Mr. Innes. About three or four minutes
after.
Mr. Hoivartb. You heard the offer of resti
tution made by D. Dodd?
Mr. Innes. Yes.
Mr. Fletcher produced the bill, and said
they were given him by Mr. Manley. The
letter was produced, signed also Chefterfield,
which Mr. Robinson received from Dr. Dodd,
as authority to receive the money.
Judge Willes. I Ihould be glad to know Mr.
Fletcher how you came to give notes payable
at fourteen days for an annuity, the payment
of which commenced immediately?
Mr, Fletcher. The notes were not accepted.
Judge rilles. I only wanted to know the
practice of your house.
Mr. Peach Jivorn. 1 left the bond at Mr.
Manley's chambers with his brother ; I re
ceived it from Lewis Robinson (feus the
bora) ; I believe this is it.
Jaron Perryn. Is it not usual in these cases
to ;ave your own attorney ?
reach. Yes.
Leaves Robinson sworn. (Bond produced to
him.)
Baron Perrjn. When did you firft fee that
bond ?
Leonis Robinson. I firft saw it at Mr. Fran
ces, in Fenchurch-freet, on Monday, Feb.
3, 1777; Dr. Dodd dined there: I carried it
with a written letter, an order, to receive the
Money Neither the bond nor letter were
signed Cheileifield, when I firft aw them; I
received them again at Dr. Dod 's house ;
both the bond and the letter were signed
I laid it was an unhappy affair, and alked him
if he had any money to return ?
Baron Perryn. Was the money advanced ?
Manley. It was paid on the Tuesday., I told
him, if he would return the money it would
be the only means of saving him. Dr. Dodd
said he had money, and 1 desired him imme
diately to give it me. He begged to go up
flairs to fetch it, but the lord mayor's men re
fufed it. I then desired that 1 might go up
stairs with him. We went up stairs, and Dr.
Dodd immediately returned me fix notes of
500 I. each, making 3000!. He took them
cut of a bureau. I asked him where the re
mainder was f He produced his banker's book,
and to the belt of my remembrance, there
appeared 9001. due to him from the banker.
He said he could not draw for all, as he had
already drawn for some, but he drew a draft
for gool. addrefled to the ading parties of
the Banking Exchange Company in St. James's
llreet, in favour of Mr. Fletcher or bearer. I
received the 5001. immediately on applicati
on. We then came down stairs. The broker
gave another draft for tool, in Dr. Dodd's
presence, which he said he had received as
commission money. That draft I underftand'
was also paid. When I received the 5001. I
sent for Mr. Fletcher and gave it him. I left
Dr. Dodd coming out of his house with the
officers and broker. They were to wait at the
York c Ifee-houfe until my return. Accord
ingly Mr. Fletcher, Mr. Corey, lord Chefter
field's attorney, and myfelf, went to the York
coffee-houfe, and we found Dr Dodd there
with the officers and broker. I ordered a
room up stairs, and then, in presence of all
the parties, I asked Dr. Dodd if he would
give security for the remainder of the moneyr
He immediately said he would give every se
curity in his power. I asked him if he would
give a judgment on his goods? He said he
would, and then executed a warrant of attor
ney and judgment for 6001. the remainder of
the 42001. which was attested by Mr. Corey
and myfelf. Dr Dodd said afterwards, " I
thinklcan draw for 2001. more on my banker,"
which he did, and it was paid the next morn
ing. There then remained 4001. an execution
was put in the house, and there were goods
enough to fatisfy the debt.
On Saturday I received a message from Sir
Charles Raymonds house, and a card to at
tend the lord mayor. Lord Chefterfield, Mr.
Fletcher, Mr. Peach, Mr. Innes, and myfelf,
were present at Guildhall, when we were all
examined, the information was read over to
the prisoner, and we were bound over to
profecuce.
Cross-examined by Mr. Howarth.
^ Was the examination taken in writing ?
Manly. 1 believe not. The lubftance of
Dr. Dodd's defence was, that " he did it to
pay his creditors, ana meant to defraud no
man."
Cross-examined by Mr. Cowper.
Mr. Copper. As fion as you arrived at Dr.
Dodd's, you told him that returning the mo
ney was the only means to save him ?
Manley. Yes—but it was subsequent to Dr.
Doad's declaration, and prior to the restituti
on. Dr. Dodd admitted before the lord mayor,
thit Robinion was innocent.
Mr. Innes confirmed Mr. Manley's testimo
ny with icfped to some previous matters be
fore they came to Dr Dodd's, and also the
restitution by fix notes of gool. each, payable
fourteen days after fight.
Mr. Mansfield. Was you, Mr. Innes, pre
set at the lord mayor's when the examination
was taken ?
Mr. Inner. Yes.
Mr. Mansfield. Tell us what passed there ?
What did Dr. Dodd fay ?
[For Dr. Dodd's defence here, See the New-
York Gazette, April 28]
Cross-Examination by Mr. Buller.
When Mr. M left the sessions-house on
Saturday evening, he uttered, in the hearing
of the jury, some very gross expressions refped
ing Mr. Alderman W—, which a gentleman
prefent' immediately reported to the court ;
when his behaviour being considered as a mark
of contempt, a messenger was sent after him,
but the latter not being able to overtake him,
in consequence of the great croud about the
sessions-house, an officer was dispatched to his
chambers, to inform him he was ordered to at
tend the court at ten o'clock yesterday morning.
<^^M^O^*^*X^X
B, the Letter of Marque Ship Ellis, Captain
Jolly, who arrived here last Friday Noon, in
46 Days from Liverpool, we have the following
Advices, viz.
From the LONDON GAZETTE.
Whitehall, March 20.
Extract of a Letter from the Honourable General
Sir William Howe, to Lord George Germaine,
dated New-York, February 12, 1777.
, ^HE disposition of the troops in this
quarter having undergone little al
teration since my last dispatch, I
== have only to advise your Lordship
of the return of a brigade of British and some
companies of grenadiers and light infantry,
from Rhode-Ifland, to flrengthen Lord Corn
wallis's corps in Jersey, in order to enable his
Lordship, with more security to the Posts of
Brunswick and Amboy, to make a mov nient
when the weather proves favourable against the
energy still remaining at Morris Town.
Lieutenant General Clinton being gone to
England, Lord Percy has succeeded to the
command at.Rhode-Ifland, and has with him
Major General Piefcot, one troop of the 17th
light dragoons, one brigade of British and two
of Hessians.
His excellency Governor Tryon has offered
his service in the command of a corps of pro
vincials for the ensuing campaign, and pre
suming this measure will be approved by his
Majesty, I shall endeavour to place such a corps
under his command as my be of essential use
in the prosecution of the war.
Major-General Robertson, who will have the
honour to deliver this dispatch, can give your
Lordfllip the best information refpetting the
present state of this country.
Chefterfield, which was Tuesday the 4th. The
name of Dodd Was written by Dr. Dood in
my pr^fence, and the bond was produced as
executed. I desired Dr. Dodd to read it. I
received it from Dr. Dodd for the purpose of
receiving the 42001. My name is fubferibed
to it. Dr. Dodd did not aft me to witness it :
I said, Dodor, as you have fen the bond re
gularly executed, I can sign after you. I
afterwards received the money, and carried it
to Dr. Dodd.
Baron Perryn. Have you had any other
tranfadions of this kind besides?
Lewis Robinjon. Yes.
Baron Perryn. Is it your pradice to fubferibe
as a witness without feeing it signed?
Lewis Robinson. Not generally; but I have
done so before.
The notes were ffiewn him.
Lewis Robinson. These are the notes: they
could not be accepted as they were fourteen
days after fight.
Baron Perryn then called on Dr. Dodd for
his defence, and told him, he would very pa
tiently and attentively hear whatever he had
to fay.
[For Dr. Dodd's defence, See the New-York
Gazette, May 5.]
Baron Perryn summed up the evidence very
carefully and very correctly, making his ob
servations as he went on. The intention, he
laid, did conltitute the crime, and of that
the jury were to judge; but, he added, if
that defence, joined to the restitution, as in
the prelent caL, was once allowed as an ex
cuse, it would be a plea for every crimi
nal of every species. At the fame time he
laid (after Mr. Howarth had found out a blot
on the word seven in the record, that part of
the word seven could not be seen, and yet the
fame word fair in the indictment) if the in
dictment and record did not exactly correspond,
he should be extremely happy for the lake of
the prisoner. That, baron Perryn laid, mult
be committed to the infpedion and opinion of
the jury, who examined it very clcfely. The
judge also observed, that it did not appear to
the court that Dr. Dodd had, or would have
it in his power to make restitution.
He submitted the whole to the consideration
of the jury, who, after having been out of
court almost half an hour, brought in their
verdict, Guilty.
The jury drew up a memorial in recom
mendation of him to the clemency of his most
gracious Majesty, and delivered the fame to
the court, which was favourably received.
Dr. Dodd, whilst federal of the audience
were lamenting his situation with apparent
tokens of sensibility, retired with great forti
tude. The debtor was led in and out of court
by the Rev. Mr. Butler.
His case is left for the opinion of the judges.
Dr. Dodd, when he retired from the bar on
Saturday last, was conduced to the apartments
he occupied before his trial, in the quadrangle
of Newgate, where he fainted away ; but soon
after recovering himfelf, declared to his friends,
he was more cumpofed in his mind than he had
been for a considerable time palL He will not
be placed in the cells, as was reported, a cir.
cumhance which does not arise from any in
dulgence in consideration of his distinguished
character, but from its not being the custom
to confine any prisoner in thole dreary abodes,
whose case is referred to the consideration of
the twelve judges.
Yesterday morning a messenger was dis
patched from the Admiralty to the Commissio
ner ot Portsmouth dock, for commissioning four
more ships of war with all expedition.
It is said that Gen. Howe's army in Ame
rica, when joined by the troops from England,
will confilt of 35,000 men.
March 24. We are assured, that General
Sir Guy Carleton will not return home upon
the arrival of General Burgoyne in Canada, as
has been reported; as the last mentioned gen
tleman will, on his return, aft in his former
capacity.
Four large ships, intended as letters of
marque, are now waiting in the river for their
commissions from the Admiralty, none having
been as yet issued.
A convoy is ordered by the Admiralty to fail
from Spithead by the 20th of April for the
Weft Indies.,
Letters from Lisbon, dated Feb. 29, declare
the new King had expressed the greatest desire
to maintain the tranquility of Europe. The
Marquis de Pombal, whß laid the greatest re
ftridtions upon the commerce of this Country,
and was a profeffed enemy to the English, had
retired to his Country-feat, and the old Minis
try were all in disgrace.
March 27. This morning orders were sent
to Ireland for getting ready provisions fuffici
ent to load 40 fail of transports for America,
which are to be at Corke by the zoth of April
next.
Extrafl of £ Letter from Portsmouth, March 26.
" Sailed, the Duke of Kingston, and Hawk
Indiamen; the Isis, Blonde, Swift, and Camel
Blips of war, with the outward bound for
North America, are dropped down to St,
Helen's, where they wait for a wind.^
Copy °f 4 letter from Governor Tryon to Lord
George Germaine.
MY LORD, °New-lork, Feb. If, 1777.
THE success that accompanied my endea
vours to unite the inhabitants of this
city, by an oath of allegiance and fidelity to
his Majesty and his Government, has met my
warmelt wishes, 2970 of the inhabitants ha
ving qualified thereto in my presence. The
Mayor, Recorder, and Alderman Waddle,
were employed in administering the oath.
1 have the fatisfafiion to assure your Lord
ship, as the invitation to the people to give
this voluntary testimony of their Loyalty to his
Majesty and his Government was made even
without a shadow of compulfion,it gave me pe
culiar fatisfadion to fee the chearfulnefs with
which they attended the summons. I verily
believe there are not one hundred citizens who
have not availed themselves of the opportunity
of thus teftifying their attachment to Govern
ment. The Mayor, since I went through the
several wards, has attested 50 more men (and
is daily adding to the number) which makes
the whole sworn in the city 3020, which ad
ded to those attested on Staten Island, in the
three Counties in Long Island and Weft Chester
County, (all which amounted to upwards of
2600) makes the whole amount to 5600 men.
Thus my Lord, I have used my belt endea
vours to secure the fidelity of the inhabitants of
this Government, within thole diftri&s through
which the King's troops have moved. 1 have
allured the General that, should he remove all
his troops from this city, there would not be
the lead rifle of a revolt from the inhabitants ;
but, on the contrary, was confident large
numbers would take a share in the defence of
the town against the rebels.
The loyal inhabitants of Queen's County
received t e 800 hand of arms, distributed by
the General's permission, with great demon
ftations ofjoy, and with a profeffed resolution
co use them in defence of the island.
I am anxious that some grace from Govern
ment may speedily be extended to this loyal
quarter of the Province.
LONDON, March 20.
Preparations are making at the French Am
bafiador's houie at Whitehall for the reception
of one of the Princes of the Blood, who is ex
pected from Paris some time next month.
Yeflerday the British King, a new vessel,
mou ting 24 carriage guns, hoisted a pendant
at Deptford as a privateer, and will Shortly
proceed to the Atlantic.
A repeal of the laws relating to the prohi
bition to cultivate tobacco, it is asserted, will
take place this sessions ; by which many waste
tracts of land in Ireland and Great-Britain will
be ulcfully employed in the culture of that
valuable vegetable, exceedingly well adapted
to Hourifh in those countries. Thea& of
parliament which prohibits the culture of the
tobacco plant in Great- Britain or Ireland, is a
mod striking proof of the justice and impartia
lity of the British legislature ; for what restrain ts
are the colonics under,who bear stronger marks
of hardship, than prohibiting the farmers of
Great-Britain and Ireland frum railing, upon
their own lands, a product which is become
almost a necessary of life to them and their fa
milies ? And this most extraordinary restraint
was laid upon them, for the avowed and .ole
purpose of giving Virginia and Maryland a
monopoly of that commodity, and obliging
the people of Great-Britain and Ireland to buy
all the tobacco they consume from them, at
such prices as they thought fit to fell it for.
The annals of no country that ever planted c >-
Lnies, can produce such an instance as thi of
regard and kindness to her colonies, and of re
fbainl supon the inhabitants of the Mother
country for their advantage. Nor was there
any restraint laid upon the inhabitants of the
Colonies in return, which carries with it so
great appearance of hardship, although the
people of Great-Britain and Ireland have, from
their regard and affection to the Colonies, sub
mitted to it without a murmur f@r near a cen
tury.
I Extract of a letter frem Chatham, March 26.
" Two thousand recruits from otir barracks
I have within these few days embarked for A-
I merica.
" So great is the multiplicity of business
here in fitting and repairing ships for lea, that
the artificers and workmen ars as full as they
were in the height of war,"
A nobleman of abilities, we hear, will
shortly be appointed to go in a public cha
racter to Lisbon, to congratulate the new King
of Portugal on his accession to the throne of
that Kingdom.
The Czarina lately assured the British mini,
fler at Peterfburgh, that if his maker was at
tacked suddenly by France and Spain, fifteen
Ruffian men of war of the line should imme
diately fail to his assistance.
March 29. Thursday the following bills
received the Royal assent by commission, viz.
The bill to enable his Majesty to licence a
play-house at Chester.
The bill for building a bridge over the river
Severn, near Gloucester.
The bill to prevent frauds committed by
workmen employed in the manufacture of
combing wool and worded yarn, &c.
The bill to continue an ad for laying a du
ty of two penny Scots on all beer and ale
brewed for sale in the town of Burnt-Iflaird,
in Scotland.
The bill to continue an ad to prevent frauds
in the admeafurement of coals by wharf
measure.
The bill for the more easy and speedy re
covery of small debts in the town of Halifax,
in Yorkshire.
The bill for enclosing the chace of Enfield,
in the county of Middlesex.
The bill for exempting from toll cattle go
ing to water or pasture ; And also to several
road, inclofure, and private bills.
The House of Lords adjourned to April 8.
Lord Sandwich, we hear, has fatisfied his
Majesty, that twenty ships of the lin-e may be
sent to sea, fully and properly manned, witli
4000 able, 7000 ordinary seamen and lands
men, and icoo marines.
Yesterday some frefh dispatches were re
ceived at Lord George Germaine's office, from.
General Howe at New-York, which were
brought over in the Africa, Capt. Carmichael,
who arrived at the Cove of Cork the 21st.
Extract of a Letter from GoJport, March 28.
" Last night, at eight o'clock, an express
arrived at Portsmouth, with dispatches for the
Isis ; but as the fleet was failed, the Admiral
dispatched a tender, commanded by Lieute
nant Haynes, at three o'clock in the morn
ing, whose orders were to proceed till he over
took the fleet, if he proceeded quite to New
York."
Letters from Lisbon mention, that the late
King of Portugal has left the Count de Lippe,
who commanded his forces againit the Spani
ards in the course of the last war, an elegant:
sword richly studded with diamonds and pre
cious stones, and bequeathed handsome pre
sents to Gen. Fraser, Gep. Maclean, and se
veral other English officers.
A court-martial fat on Tuesday at White
hall, on' a private man of the firft regiment:
of guards who was found guilty of havi g
delerted to the rebels in America, and sentenced
to be shot.
1 March 31. General Burgoyne is to proceed
to Quebec immediately, and will there take
;the command of the army defined to effeft a
junction with Gen. Howe at New-York.
;Extract of a Letter from Comes, March 29.
1 " This morning the Diligence cutter, Ni
j cholas Ladd, commander, in the service of
his Majesty's customs at this port, brought in
the brigantine Le Adif, Capt. Vincent Douelt
I late commander, from Jette for Rouen, with
out any living creature on board. He fell in
with her about seven leagues from the ffle of
Wight, and found her full of water and dif
malted last Wednesday, and with the utmost
difficulty brought her in. By her papers,
which are icarce legible, the names of the
vessel and master were discovered, and by
which it also appears that her cargo consists of
brandy, wine and other goods."
Lord North mends in his health daily.— lit
all probability his Lordship will be able to do
parliamentary bufiuefs immediately after the
holidays.
Saturday Captain John Williamson's Com
pany of Artillery embarked on board the Lord
Howe transport; also Capt. Standilhe's Com
pany of Artillery, on board the Brilliance
Ordnance transport, with a detachment of
one hundred men from the firft battalion of
the Artillery, to compleat the companies that
are in North America.
The following are extrads of a letter re
ceived from Nantz:
" The I.lft letters from the Weft Indies^/
mention, that an American vessel, under
French colours, from Maryland to Martinico,
had been taken and carried into Dominica.
The French Governor was so much exaspera
ted at this step, that he immediately gave or
ders to seize every English vessel within his
power. Six were seized at Martinico, their
fails taken away, and their rudders unhung.
An Aid-de-Camp, and an interpreter, were
gone from Dominica to Martinique on this
business.
“ The prizes which the American frigates
now here (Nantz) have taken, have been fold
in the bay of Quiberon, which has foreign
privileges, and which makes it appear that
government is not acquainted witli what pas
ses ; for as L'Orient is a King's port, the Com
missary of Marine was not willing to permit
the sale there, and he has since received an or
der from court, to cause the frigate and her
prizes to quit the port, which had beta exe
cuted in form only, as the American frigate