Norfolk gazette and publick ledger — Norfolk [Va.], 1806-09-24 00:00:00, page 1

** • •:r 5 ;• rm- * ' Y • '
/Jf Y'y,.*
*. - t* ,
: • ' *>.. - . . .. ^
<*- Vt5V' - *
Y ‘t*!? /# f*> < ->4.4;
. < [ V&A *&.*!' >•■ v<
V..:
■. '^5*-•■ *«’ "?w**,•’%'.*■'' *'
Y - H '■■>
v;-.,. ..*• ,• -'•: f, u'j ‘
- iY*Y -Yys
■ *> •'.'■.'» . ■ ■ ,j
,y . ,,:
f'4 ^ V ■ ■ '. ■ - jy-*'-'- .■...r. r~~..
-Sfc. j- . , I $*i-' *,» i, ■ f : • .» „• •* ' "«"v ',%*
. * >-* ’' - " V -' , **. „ ' , * ’Y f \' ; . .'*" -
amgaeana
VOt. III.]
WEDNESDAY EVENING, SEPTEMBER Sfc, 1800. .*< " * * ~ -**V rr
■>£?
5 This Papes is pc*i.isheo three times a weee *
luci to suascssKCjss fife, dollars amp urn amts per
AKMtM, FETAIll IN ADVANCE—II HOI.E PAPES 7WXAAX
AMO ONE HA It CENTS—ADVERTISEMENT* ARE INSERTED
A* THE RATE or wm CENTS SOS THE UltlT, AND. TWtMTT
iNIU CENTS PER SQUARE FOR EACH 1VCCESDWG INSERTION.
For Freight or Charter, j
The Ship JUNO, Thomas Rttson, mas
ter, burthen 5000 barfeU.Flo«r,,or 375 hbds.
Tobacco; will be ready to receive a jargo itv
• ALSO, ,
The Ship COURTNEY, ' f
■Wm. Bryant, matter, burthen 1800
'barrels Flour, or SCO hogsheads Tobacco j'
snow ready to receive a cargo.
AbSO,
The Ship INDUSTRY,
feNoah Wright, master, burthen 3000
'barrel*- Flour, or 3/a hogshead* Tobacco,*
re now at CUy Point, and. will be ready to. re-.
Stove a cargo in 1% day*-. , 1
‘WilKain Pennock.
^ I
Sept. 92.
199
‘ 1 is*-"
For Kingston, (Jam. )
The New Ship ANN & HOPE, |
>Capt. G-Graves, to »<il about.the tiist ol Oc
tober, can accommodate a tew passengers,
and takesowe ffljallfrei^bt if applied fur soon to the; uustei,
or • ■'" .. - 4;
_ Christopher Fry.
Sept tf. * 3t 177 V
for Liverpool., ' '
The good Ship LaURA, ■
•“Thomas Hoolc, master, burthen about 260
v hhd». Tobacco, will be ready to receive a car
fo io a fear days. For Freight or Charter, apply to
Alexander Maclurc.
Who has on board said vessel for Sale, ’
1500 jacks Liverpool filled SALT,
12 crates Bottles; 80 do Earthenware
And in Start,
•000 bushels Liverpool stored SALT,
73 crate* Earthenware; 36 Hogshead,Tobacco,
9 pipe* U P. Madeira Wine,
SO do. fine old Sicily do.; 4 do. Spanish Brandy,
„ S hhd*. Cogniac Brandy ; 2 pipes N. E. Rum, ■
. 9 do. old Jamaica Rum; 30 casks Claret Wine,
24 casks Giaas Ware well assorted,
16 hexes Window Glass, 8 by 10,
S’K> do. Castile Soap ; 25 baskets 12 cases Anntseed.
20 pieces Hessiaus ; 290 Suit Sack,.
Sept. 19. tf 195
• - For SALE,
ton accommodating terms, the remarkable fine
Barque Petersburgh,
snow lying at LefltngwelPs wharf, Portsmouth,
■n inventory may He seen by application to Capt. S. Davis,
Who will also inform the tenns of Sale.
. ALSO,
The Snow Wentworth,
Mylng at Pierce’s wharf, Portsmouth ; a very
► great bargain may be had i; this vessel if ap- |
plied tor immediately, site is now ready to take in a cargo.
5 y George Wilson.
Sept. IT. . ' tf 185
For Liverpool
’Thy new, staunch, and re markable swift
sailing Ship ELIZA,
ww john W. Treadwell, master, wilt sail by the
1st of October; ■ having two thirds of her cargo engaged. For
freight, apply to the master on board at Gorham’s wharf, or
Fhinehas Dana.
Sept. 17. *. tf 189
For Freight or Charter,
The very fine Ship MENTOR,
Stephen Waterman, master, burthen 350
Hhds now ready to receive a cargo. .
For terras apply to the master on board, or to
N. Heron.
Sbpt. t?. tf 172
For CHARTER,
The Ship LIVE OAK,
Gerrard Ya.rell, Master, burthen 280 tom,
in good order, and can be ready to receive a
in afew days-. Fortenns apply to the master on board,
WiLX.IAM PENNOCK.
or
Who has for Sale, on board'said Ship)
100m, fcet Merchantable BOARDS.
Sent. 8.
tf
162
3 &or Freight or Charter,
*-The Ship JAKE) Melxar Joy, master,
'burthen lbS tons, can be ready tu receive a
cargo in terj days. Apply tar the master on
bond, or
> J Phinehas Dana.
Who offers forSAI.K,
77 Puncheons Jamaica RUM,
Imported in aaid Ship.
fispt. 3. tf , 144 .
For Sale or Charter*
The fast sailing ScU’r CAROLINE,
* James Gilbert, Master, burthen 12U tons,
sor H60 barrels. Will be ready to receive a
eargo in 4 day*.. Apply to ? £ *
Francis Smith. ■;
Who is host landing and for Rile, from said schoonrt, on
Maxwell’s wharf,, t.
23 PunclieQnschoicc Grenada RUM."
1 3fou<itg9- ” tf .184 \
For. JtNTWK HP,. . k Jr
r The good Ship PATSEY, J"
* David G. Bow lee, master, burthen 370 foils*
r lying at CityJ’oiirt, having more than lialf of
her cargo engaged and now receiving it on board—For the,
remainder, abom.aQO, bales ofcoUon are wanted, which will'
be taken at a moderat rfreiglit, if application be imtnediate
iy made to Mesa. Gallego, Richards, S. no. Rich mood:
Eambaut,GtSmtSa, &W Kte!«bar|*W'te' 4
Maurice, 8t'*co# if
V‘-& ^
-kfvjr»e Ship feUZA,
Gilbm. JiiMi-tt, . Mattest 400
tbortb«s."*,'’^r^* . L.<, *i
* •- 'v v r ,j4":kC. £ ^
k\. 1
"■ 10,000 busbe^jSt.^
Augur*/~_
wm%v?
For Sale.or Charter, i
The American Ship GEORGE DYER,
Job Bennett, master, burthen 2BU tons, en
tirety n»w and completely fitted. Apply to
Warren Ashley. L
■ uMa)
Sept 3.
For Freight or Charter, :•{'
The good Ship JASON, Titus Salter,
master, burthen 240 tons, can- be ready to re
ceive a cargo httwo days. For terms apply to
the master-on board, or t* , '
■* V'* - :-f *: ?*&* •- Fhktehu. Dmrv\
August 29. " If :139
1
-ji*
For Freight or Charter,
: % . The "nod *
^ Ship ALEX ANDER, **■<-*
Mile* King,' master, can be ready to receive
a cargo in tenday* ———For Sate,
12,000 bush. Liverpool stored SALT,;
30 Crates of well assorted CKOCCEKY WARE. .
Ai,jpT—An extensive assortment of
' FALL GOODS,
Which will be disposed of on low terms, for Cash.
- j V . J. & W. Southgate.
AugustS7i ■ .v-=:> ,-tf* 11« V:.
Wetvtint afrfight of Tobacco,
For the Ship JULIA,
Captain Vickery, to a port in France, bur
then 3a0 hogsheads.
* C. & F. Whittle.
August 25.
tf
112
.. For a Port tV France,
The fast sailing Ship Highland Mary,.
Part of her cargo is engaged lor the Bay of
Biscay.
a- George Murray, & Co.
August 20.
tf
102
For LOJYDOJT,
The well known elegant Ship
ALMIRA,
Captain Whipple, three years old, and bur
then 500 hhds—She will be ready to receive a cargo in three
days, and has a considerable part of it engaged ; for freight
of the remainder, or passage, (having excellent accommoda
ions) apply toCapt. Whipple on board, or
N< Heron.
August 20. f i : 92
For Sale or Charter,
The fine stanch, fast sailing Brig
ANN ELIZABETH,
Richard Owens, master, 4 years old, burthen
about 1300 barrels, and will be ready to receive a cargo in a
few days. Apply to
John Btomtj.
Who has received fom Madeira by said Brig, a few pipes,
hogsheads, and qu.iter casks
London particular Madeira WINE,
which will be sold low by applying as above.
. August 11. «■ tf 66
For Freight or Charter, j
The fast-sailing * Brig ELIZABETH,
Robert Barclay, master, burthen ISoo barrels,
will be ready for the reception of a cargo in a
few days. Apply to
John Davis.
Portsmouth, July 16.
tf 9o8
For Sale, Leate, or Rent,
The Three Story Fire Proof Building,
lately erected on Maxwell's Wharf, adjoining to the house of
Mr John Nivison's, now in the occupancy of Mr. John
M'Gowan. For tenns, apply to
Alexander Baird.
Septemberl. v 3w 135
FOR SALE,
850 Barrels whole HERRINGS, in
excel.ent order for Shipping,
80
do out do.
do. SH AD 5 750 bhls. TAB,
130
do. TURPENTINE.
450
Richard Blow.
> July 14. tf 907
I The friends pf Thomas Norman,
John Marshal, William Norris, Elijah Russel,ind John Hub
pan), (who represent themselves to be citizens of Virginia,)
have been impressed into the British service, for want of do
cuments to prove their citizenship,, wid spply at this Office,
and give a description of their persons, measures will then be
takeu to obtain fheir discharge.
Thomas Newton, Collector*
Collector’s Office, Norfolk,-) ■<
Angust 18, 1806. ) . ‘ tr 86 .f'
***** " "^*** —. f j t am S'*':
.. FOR SALE,
New-York and English SLATE, f ;
A few Boxes Havanna SEGARS, of superioqr quality,
1 Cask TAMARINDS.—--Apply to ‘ ' ~ ‘
A!. TT* - ■ Ktflfcy fc Tunis.
Sept. 5. . tf iil v
. . - i - -.
;i;;.; JEALIs GOODS, ;;?; > ‘
The Subscribers have flow received the whole of theif
FALL ASSORTMENT, :§
which they offer f»r Sale on the lowest terms tor cash, cotta
try, of Vfrest-lndia.produce, os approved paper. V>
*zf»»‘ J" w W. Southgatet';].
Sept. Iff. - ' * pa'
Now landing' on our wharf, and for Sale Oti
a liberal credit, viz.—from th5 British schooner
Heury Morris, Capt. Otll, fcmtvAnligaa, V A
44- hhds. prime Must-oyado SUGTAft,
6 Puncheons Old RUM, and 3 With. MOLASSES*.
&jBM the BrititH tUoJi Uriien, captmin Uvingttoti,
.- .AAAV *">*«•>/‘,n,‘“faAA* x • -V,
50 HocshradrFrne G re^n COFFEE.
. ..t •’ _ .sc,';* A..- • af.
Prmtht cttpuinCoxf/tom
■ ' 5f. ilhjitfas, ■ •. v ' -
. V-.i#
. , LAW HEP OUT. ,
Cotfk* or Kino’s B*nch, GuildhAt t, Jiffy 22.
, Jseph Williams ». Joseph Hedley,
1rtie Plaintiff is a Tea-broker in George street,
tninorfes ; the Defendant is a partner in the house
of Sir John Earner and Co. wholesale Grodsrs, in
Wood*street. This was an action for money had
and received. - ~ *
Mr. Garrow, for tire Plaintiff, said, that however
favourable his opinion might be of the house rifivhich
the defendant was a partner, he had to expose a
case which would reflect great dishonour upon any
man in trade in this commercial city. He should
produce art instance of most scandalous oppression,
employed for the purposes of extortion. The prin
ciple of lawapplicable to this ease was perfectly
cleat: if any man pay a sum of money upon an ille
gal consideration, he can afterwards recover it back
in this form of action. The facts were these l a
person of the name of Eagleton carried on the tea
ii sue iu « consioeraoie extern ; tne compass Of his
business being too large for his means, he became
embarrassed ih his circumstances, ai d ppILd to the
Plaintiff for assistance. Mr. Eagleton said. He should
require considerable sums, but that he would contrive
a method, by which a sufficient compensation should
be given to Mr. Williams. The way was, by the
sale of teas belonging to Mr. Eagleton qne day, at an
inferiour price, and the purchase of them on a future
day, at an increased rate. Thus, in consideration
of a loan of 5001. teas to that amount might be sold
to-day to Mr. Williams, and purchased of him the
next day at 5351. This practice was not strictly legal,
and the defendant afterwards considered it as usuri
ous, treated it as sodti, and employed this as a screw,
by which he somewhat cruelly squeezed the plaintiff
In this Situation, Eagleton managed to keep his head
above water, Williams satisfying his creditors as the
demands became due by sending his own clerk to
pay the bills, not daring to trust Eagleton with the
< "lOney, even for the born? of payment. Sncha, state of
of things could not long continue : Messrs. Ea
. mer and Co. and Messrs. Cousins and Co. be
came pretty considerable creditors, the reliefaf
; forded by the plaintiff was insufficient, and Mr.
Eagleton was arrested and conducted to the king's
Bench. A person of the name of Maud had
likewise contributed in the same manner, but all was
inadequate to supply the accumulating necessities of
this dealer. When Mr. Eagleton got within the
prLson>.he *°?n changed his tone with
Mr. Yv Milams, ee said to him, unless you come down
with a large sum, I shall institute actions against you
for usury, you will be ruined, and my debts will be
satisfied. The plaintiff treated this threat with de
fiance, and the actions were commenced by Mr. Jo
seph Hedley and Mr. John Cousins, who condescend
ed to appear on the records of the court in the dis
respectable characters of Out Tam informers. I
an assignee, seeing that the bankrupt he represent
ruined by an usurer, proceeds in this fgrm, not for
his own benefit, but for the advantage of the general
body of creditors, he is, perhaps, justified in such a
proceeding; but if, forgetting the interest of the ere
uitors in general, and to their manifest prejudice, he
sets tlje law in motion, not intending to admit the trans
action to coihe to light in a court of Justice, and
employing it as a screw to extract his own
debt, he appears in a very different predicament.—
Such Was the conduct of this defendant. Mr. Rig
by, a respectable Attorney, resigned hit client, Mr.
Cousins, into other hands, and would have no con
cern in such dark transactions. By these means, the
sum of 9651. Os. 8d. was extorted from the plaintiff,
and it was to be paid in the name of Eagletrth, & was
to satisfy, at 20*. in the pound, the entire claim of
Sir John Earner and Co. on this unfortunate prison
er—-But mote was demanded j 341. l$s. lOd. Was
a claim for ebafts by Mr. Curton, who stooped to be
the agent in t!ie affair. Mr. Clarence, whom Mr.
Williams employed to pay the monev, laid it down
on the table, to the amount of the former sum of
9651. Os. 8d.; the defendant, Mr. Hedley, keeping
a hawk’s eye over it all the time, fest Mr. Cur
tnn should put a finder upon it. Having got Mr.
W ilharns up to the sticking point for thi$ large sum,
they thought it would be very easy to let d little more
run out, and include in the payment the 341. 19s. lOd.
i ms auempt, nnwever, was ineffectual, and, to use
an expression which was singular on such an occasl
on » “ to the honour of the par
ty* Mr. Hedley, an hour ago, had an insolvent
debtor in the King's Bench, now he had 96J1. Os. 8d.
in hw pocket. Such was the fruit of these artifices.
Mi • Eagleton was released, and those creditors, who
did not employ this screw were plucked. A com
nnssion afterwards issued, ami this person i?now a
bankrupt. Mr. Hedley had struck a docket against
his debtor, but, after the affairs stated, the process
died a natural death. In examiuining the accounts,
it was discovered by the commissioners, that this
sum of 9561. Os. 8d. was paid after the act of bank*
rnptcy was committed. The defendant was Well ad
vised j he thought the less* said the better, and he
refunded the money.« What is that to' me l (said the
learned counsel); true It is he has paid it back to the
bankrupt’s estate, and he is qo richer for It, but my
client bas paid the money out of bis purse to this de
fendant, and has no return for It. Iam not at all
sorry that he has to pay the money twice over:
I am heartily glad that he has fallen into his own trap,
‘"‘‘Ihope this “New Way to pay Old Dettfs" wBl,
for the honour of the city of London, be hissed off
the stage."
Mr. Eagfeto* dejfoaeJ, that hit affairs became
,n rafch **03, when he was debtor
to Mr. Hedley, in the sumof?65l. Scf. and to Messrs.
Lousma, to the amount of about 30001' In this con
dition of bb affairs, he offered them Ills, or lSsi 6d.
in money down, If they would'not proceed against
him ♦ . but they said, |hey would not take 19s.
II 3*4d‘ ..”*was arrested,, and put In prison he
again sent to Mr. I. Cousins nhdjSiV HeS^o re
ne w hla proposal, telling them, that hopes! men need
ed ifo lawyers, and desiring tbafioohe mtghsbfcl* at
tendance. A meeting was bad, but to’ntf purpose > 20s.
m the pound they would have, and thtyWmsid they
^ S*« ftw'fo whence it came; whether
Maudr William*, or any ather persoii.v 'ni« wftn.u
signifying hi, fears that Mr- Cbrtoo would, go m
wKhthe Quid7hr*actions, even if Meter*. Cmnim
wid Messrs, Earner and Cn/werer’jtaijr, djtKMMp*
Coanns stud, “ If he dare gtf on with thesutt iffer
■>m n»id,*»'-«» —- i.:. —^ —- ■* <
-m
13«
his connection with Mau<f and Wifjiarhs. Onlrfo
Croat examination he that lie had,property Veit
to him by a Mr. Jenkins j that the will waa submit
ted to the court of Chancery } that Miss Coventry
was one of thepartteM and that three were con
cerned in the will. The Court deemed tbgw
to be a fraud, bat he should always consider hie
the victim of Injustice;
Mr. Thomas* D. Rigby midi that dtere
tneeting in the month of Id ay 1803* at S4r. _.
ton's house in Cheapside. There were present
Eagleton and his attorney. Mr. Payne, Mr. H_7
and his attorney, Mr. Cur ton, Mr. Cousins, and thto
witness.—The amount of Mr. Cousins's claim, at
that time, was 25461. and of Mr. Hediay about 14001.
When they entered the rpom, Mr. Eagleton was sit.'
ting. With, a number of papers before hint, and *
volume of Inbev’s Practice on the table.-~r»Mr.
-Eagleton detailed a long history of his transac
tions with Maud and'Williams, and said, It jras the
last day on which the penalties far usury. on. those
r.unccrns, cuuiu i»c recqverea unner tne statute**-*
The witness declined undertaking the Quid Tam m>
tinns, hut Mr. Cousins locked him into thetnom,
and insisted upon his compliance, bur he m thtse-^
quel Relinquished all interference, v
' Mr. VVm. Clarence, who paid-the money totfe*
defendant, testified tO such payment,*
Sir Vlcarjr Gibbs took an objection, titait, V>th,the
Plalntiffand defendant were in fiari'iMictu, in winch
case the maxim of law Is ntelibr m conditio ftaitf
dmti»t and this action coutd hot therefore beetop*
ported by the plaintiff in maintenance of bis ougfc
Wrong.- ai'.v'fi' •
Lord EHenbnrough—1“ ThecRse in which (his mat
ter is ruled is that of Smith and Bromley*, in a note
in Douglas; it was to recover back money, obtained
under pretence of procuring a place of «,ffice. 1 Witt
let the cause go on : perhaps they are not in ftari dir
iictu i the one may be under the grinding of the o«
tiier i Hut I Will save the point.* * * “
Sir Vlcnfy Gibb* said, the gentlemen nf the Jury
would now see How well the plaiotiff was acquainted
with the mechanical power of the screw, the exclu
sive use of whtfch was attributed to the defendant.
Mr. Eagleton was seen to be iu great distress, and
that distress was occasioned by exorbitant Interest
being extorted from him. The jury had the feet,
the vouchers were produced, the mode was explain
ed, all was now exposed in the face of day, and Hi
appeared at last, that the screw was applied by the
plant'll himselfj who had the impudence'to Instruct
Mr. Garrov to declare In open court, that this in
strument was alone employed by the defendant. The
screw was unceasing in its activity, and in the prog
gress of the work, all the money now contended for
in this actum, was refunded to the representatives uif
the very person for whom the plaintiff said he paid
the money. There was no evidence whatever that
the money was paid to compound these penal actions,
excepting that supplied by Eagleton, whose testimo
ny must be rejected, and who was implicated In an
affair which had been referred to on the cross-examt
nation. The precise amount of the debt to' the de
fendant was 9651. Os. 8d. and this was the exact
sum paid, so that the affair had ail (he appearance
of the satisfaction of the debt, and not of any coilo
sive arrangement to avoid the penalties under thi -
statute.. It would now be seen whose money thii
was. Mr. Clarence-said, that the plshniff di»cted
him to pay the money in the name of Eagleton: thus
the plaintiff represented the money to belong to Er- •
Ejeton, and as EagTeton’s money it was recovered b<
the assignees $b the court of common pleat. The
plaintiff now said k was not Eagleton V money, but
h*s own money. The learned counsel could not con.
Ceive how any serious proposition could be invented*
soaS tp render it recoverable in this form of action*
when it was paid to the assignees, then Mr. WHIil
amscame from behind the scenes, and said it wat'
his motime. It qiight be expected, that after k had
been paid a second time to Mr. Williams, Mr. Maud
would make his appearance f if a third time it was
paid to Maud, the ghost of Jenkins might rise; and
ao on, new claimants might pass onward ad btJtnU
tttnu ;■ / , -<■ T
L?rd Elienborough, after summing op the aeve.
ral facts in the cause, and applying them to the Ta*
,n B*ch cases, said, that it the jury believed the mj.
ney was advanced by the plaintiff to the defendant
for the benefit of Eagleton, they woeid find for the
plaintiff; but, if they thought-that it was so advance
w ^ relieve the phintifT from these ftctioM for os&»
n«»us practices, they would find for the defendant;
. 1 he jury ha ving retired for abnot an hour, return.
wkh a verdict for the plaintiff, SfiJl. 0». 8d. .
. , a tutKfc & SANFORD, *
nttv per the Father and Sima from Ktn^a^iNi
Laara, (wtt Litcrpool, an wffimn« «eei(m»i(l uf
Laara. tram Lifornnnl '«> v-*-.. - .*
ufaUmd tnmBUiSSSv t.
Blue,
Black,'
.C"; . ..
Bottle, K , */- f' ' ,.*# ‘.le
Bottle,