Norfolk gazette and publick ledger — Norfolk [Va.], 1810-12-05 00:00:00, page 3

^ Indigent unit
*“ **“• relation*.<dS,iJ»«»b*«4*.
myd, mastsr, he «ii hom»uf^ |Sp|We*U jenerou»,
:'. tv aft of ho
aianityfell to bis attar*,
., angutihof |he;J,*lWr^)r*,0!lI tie Itlfc, t +
7 r ' ' ' ^'^w.Yom^W:^
!,;■;■„:; VjSRY UTfc £ro^ Usbon. ^
* " Capt, ^Jrown, ofe|Jie ship Canton,1 arrived fast e-f
Wening tn 23 day* ffutM Lisbon. H- informs, tha^,
ftr. Greene, was left, by Mr. Jarvis, a* consul—that
, 'jj British Saji of the line, several frigates and
(loops of war were left in Lisbon, and 5 more daily
expected—that several gun brigs and gon boats
. Wer* opposite the top*, of Villa Franca, about 30
f miles op the Yagus, .which place was in possession
'of the French—That skirmishes were daily taking
.-■■> place between the French and a party of British ;
*Urs, who, when on shore, occupied the town of
AJkaodra, about a mil* from Villa Frauca—That
the French general M arsenic. was killed about the
'35th of, October by a shot from one of the English
guii boats-—That the' JStench and English piquets
were within hail of curb other—That gen. Romans
had joined the Earl of Busaco (lord Wellington)
with an army of 10,000 men—That col. Tram had
et%nn V_t _
retaken Coimbra, and made 3000 French prisoners,
tpany of whom were wounded in the late battle ;
and some of them have arrived at Lisbon for the
. purpose of being sent to England—That 500 Bri
jtfsb transports were in Lisbon roads—And that the
..peopleof Lisbon, as well as the British army, were
in the highest spirits. Capt. B. further adds, that
’the day lie saih'^(the 1st inst.) it was reported
'that Afassrna was on the retreat.
'." We have Lisbon papers to October 30. If they
Contain any thing of moment, it Shall be given in
„:*■ eur next. ". i "i,
^ ^ London, Oft. 18.
, *
> > aT:
Sir Francii Bur del f and lie Speaker.
‘At the suit non at issue between these two per
'•ooages must speedily be brought before a Jury of
the country in Westminster Hall, and as the points
"lobe discussed are not tMily of great import to the
parties^M|nediately interested, but also of great
public antTronstituiional mngnitudc; and as it has
,f therefore been deemed by the judges entitled to the ,
most solemn investigation that a rouitof common
law can institute, namely that of
€ ' . TRIAL AT BAR.
We consider it a duty, at this crisis, to give the pub
lie-*, summary detail of the nature and practise of
tile proceedings in that mode of process. - i
In early times, all trifling suits were tried in the
lower courts, Such as Courts Baron, County Courts,
and the like: but in matters of consequence, where
’actions were brought in tbe super tour courts, the
Vials there were all had at the bar of the rouii
where such actions were commenced. But i% pro
cess of time this fell into disuse, because the num
W of cases litigated increased so much, that it be
'time an intolerable hurtben to auitnrs to be com
pelled to bring witnessis and jurors from distant
i Ji.iTts of the kingdom. So that, first, by the statute
of I3tli of Edward I. a power was given to try all
^hMbmdn causes in tbe county wherlftbe cause of
s action arose ; and now, by virtue of the commission
of Nisi Prius, all such common causes are tried
both at the assises and at the sittings of London
.,’Stnd Westminster.
A Trial at bar ran now ooly be obtained by mo
tion in court, made in term time, and granted upon
affidavits, stating the intricacy and importance of
the cause; and if it be allowed, it must be upon the
■ condition that the jurors must be sperial.
It can only be had in term lime, because the
fiMirt must sit in full bench, i. e. tbe’four judges of
tbe.emm must he present. It is wholly in the dis
cretion of the court to grant such tiiels, end they
jpmbtiever allowed but in rases ot the utmost impor
tance, because they arewoloniv extremely exp.-u
Clips to the parties, but they are also productive or
great hindrance tn the business of other sailors;
and it is not enough that the affidavits upuu the ap
plication lor such mod* of trial should merely s^y
■generally that the reuse is expected in be difficult,
2»Ut the particular difficulty must he set forth; as
*wa* the fact in thr. rase Rex v. the Burgesses ot
’Carmarthen, Say 799BL
There are inytann-Pwlie re the court allowed tri*
$ alsal bar without an affidavit, but that h«» been
* Vheire either a judge of the court, or a muster in
^chancery, had been a party to ike suit. See M*r
jton v. Hopkins, 1 Sid. 407.
mode of trial, the court is eqi
granting th
red tn impd
_ upon the respective parties what
V termk they please, pnrticuLrly on the party apply
Idg. as that he (ball receive only Nisi Prius, or Bsr
*o»t*; at they may deem expedient.—Holmes v.
IhWD, Doug. 426- It cannot be in en issuable
■ term, Unless the Crown be interested. See Penn.
Lord Cadogan, and others, Bjggr 273, and the
Corporation of London v,
SynriT I C. B. T. I*.
>*06.
Uut i! the action be mid in London, the cnuse
eannut be tried at t>ar, because of the Charter of
iifedon, which exempt* it* citizens from serving as
'Juror* oot of the city.—2 Sal. 644, unless the citi
* wav* their privileges (whirh they tnay), and
en trial may be bad. SeeLocker v. the East In
db* Company, 2d Wilson, 136. It is always mov
"M in on Terb, to he riled the next. Cook** Rep.
Nor is it ever granted until issue he joined,
use it will be infra riignitptrm to grant it until
Ithey previously know whether the issue joined would
,%e a matter of difficulty or not. See the case of the
%onuigb of Cftristcborch, Strange, 6y6. Except
. % cases of ejectment, because iliere, as issue is s*l
/ .tjdm joined;till tbs Term is over, it would in gene
.gal be tpo late to apply for such trial after it is join*
#d^Rmj£j5e*.155.' f V. *.
Wla/i the court allows a trial at bar, they always
jit ids* for it, previous to which the plaintiff must
^gike di^s notice to the defendant of prosecuting
‘ Isis cause,' otherwise he loses hie trial at bar, bqt he
fMy'eoanteriuand it { which if be does, it cannot a
d- 'jgain he brought oq, unless the court will appoint, a
for which the plaiotiff mutt make appliratioo.
Bht it is to he undertond, that a ycrind motion or
l b** had between the seme partiea ip the.
•wv
| Cahtfllar, v. Lord Montgomery, Fi|a
; tame tern
'Y§^b«n,'**.. -r. ,v.
In submitting th* jurors, six day* notice at feast
Z ^shdat be given to. them, otherwise the trial may be
pat off. Rex. v. Owen, Say SO. And in II1C6.
-Ana. in the Common Plena, it wa* held that the
V plaintiff’s attorney mn*t, befora. session day of th*
£ / t»rm»d which the cause L* to b« tried,gjvsno tier to
/ .* j '£■■■■
'• »» . ... '» • . ft <-V.* ! . V 3»r ’ * ■* .
*. . ■ft
TJ'
tfc«'c!»i»C>rotM*i>l«ry, <**« Wbtntkrf,
day whereon ituto ba^a<LU>afite
down to the «<Wt beuk, otherwise aftth*
edtfte trial W proceed, al«ho|®MJl *be jjWprsjtitllf
not attend, the pi.
->^>r•> itetlt a dales.
tool
1 terpj, w«g|pa■ issna
t»ut that was when tha enuri
tie terra, when trials at hair, could not
Mild
io tj^au of Dens\ Cadogno, Burr,A|$$ (t^alor
(tjaSore
recite?) tha court ordered a tale*, It* s$|| theJpH
ues expense; and although this was Ob’* the S«tur
i day, they ordered it to be returnable on.the M<ra
I day following! which it the only instances of the like
I upon record. ’ A . _
New trials may be granted after trills at bar, as
well as after trials at Nisi Priqs. Bright v. Eyenour,
Burr, 395.,
In all casts of trial at bar,'the judges of the court
where the trial is bad must hate copies of the issues
delivered to them four days at least before the day
appointed fur inch trie!.—Rule Mich. 3 Geo. II.
NAVAL INTELLIGENCE. ;«t
.'A.''.'' '-.. V': Tobbay, O-t.9.
The following is a statement of the number of
convoys which have pasted through the Brit during
the last summer, and have, with the exception of
one, been attended from Daea Head to the Isle ot
Sprfe, by his Majesty's ship Hero, captain New
man J ’ ' J ■ ■$: , :
, j FROM ENGLAND. . -r .
Month. Men of IVar. No. tjfCmvub
xy ju.
ir inert* unruuuc
Mars,
Jury. 4^' '*;■
June 6.
Minotaur,
Prometheus,
Juut 22.
Edgar,
Saturn,
Loire,
Eurus, BiC
%
Orion, ■ v
August 1S>.
Lightning,
TO EKGLAVD.
way 01.
Qrmo.
Saturn,
Juo« 10. Martial,
■ Flamer, *i ^
June 24. Solebay,
Fury,
- Wrangler,’;'^
July 9. Ariel, ' ^ f
r’ v- Fury*
July 21. Standard, '
Renard,
Flamer, .■■>
Augual 3. Ormu, ;
Hussar,
August 20. Pyramus,
> , Woodlark, '•' *
total - Ilf)5
The Hero sail'd from Wingo Sound with a con
voy of more (ban 400 sail, with which she arrived
safe ia England on Ibt Jjih of the same mouth.
By this statement it may be seen that captain
Newman, as senior officer, has conducted through
the most dangerous parts of the Belt, no less, than
2228 sail of merchantmen, mast of them deeply
laden } and, notwithstanding the numerous flotilla
of gnn boats which are constantly on the lock out,
have been enabled, hy calm tvealhei, to take every
j advantage, the judicious rondurt of cupt. Newman
I has rendered all their efforts ineffectual, as there
h*ve not been more than two or three vessels cap
tured during the whole summer.
gazette Marine Memoranda ‘
arrived.
British brig Thomas J-fiery, Bennett, 58 day*
irmn Jamaica tound to llalimx, fo distress, for
provision*. yy ,
The brig Diana, Rice, of and hound to New York
j from il»vann«, with acargi.ol Sugar,.went on Cape
I 1 iHUems the 26th mat. vmei lifst, crew and one
! third of the ear go saved. - *
| Capi. J<>n<-i of the brig Greynville, noticed in our
Ust, left at Basseterre, (Goad.) Oet. 29, sch’r Sally,
Writ, of and fur New London, to sail in 3 days;
brig Bclluna, Irippe, for Kinnebnnk in 4 days;
sch’r Phormx, Trel'rlhen, d. tamed by Court M artial,
on account of an insult from a Biitish military ofii*
rer, who was prosecuted by the crown ; in con»t-<
qutnre of which the whole of the above vessels
were detained, that the masters might see Capt. T.
had justice dons him. ■&. .
The hrig Orient, Hunter, fmm New York bound
to Jamaica, was lost on Turks Island the 6th Nov.
crew and part of the cargo saved.—Brig Commerce,
Little, from Turks Island bound to New York, was
lost same day, 13 souls missing—Spoke, Nov. 30,
in lat. 39. long. 75, 40, scb’r Catharine, Kirk put*
rirk, 58 days from Caiuprachy bound to Boston.
The hrig Androscoggin, Corran, of tbia port, was
left at Lisbon, Nov. 1.
Baltimore Nov. 30.
Arrived, brig San CaHne.Zeutana, master, Africa,
50 days. Lett Sierra Leone 1 st, and Isle de Los the
8th Oct., Left at Sierra Leone, lb* brig ..-1
While, not permitted to sell; was going to leeward'
in 2 days. The sch’r Aurora, Christian, of N. York*
had been there and sailed to leeward about the 23J
Sept. Nov, 18, 1st. 32 >9 long, 77 35 spoke brig
Ins, of N. York, 57 days out, from Carnaman,
»o \Vales, bound to Charleston. Nov. 19 Jat. 34, 4
long. 75 34 spoke ship Jane, fr. Liverpool to
Charleston, aud a red bottomed brig fr. Charles ton
to Baltimore.. , r,-. , !, \ yt"
Lilt of vtuelt captured ip tie British, >0* tie
coast of AJriea, to tie Ut Oct. IS 10 | |
Slip Merced, Viamonte, Pentavoia, condemned
ami sold for 1200 dollars,,. y
Ship Douna Maria, Sontey, Bntpilk, do. do.- for
Ss96o;.
Brig Hcrmnsa Ritat Montane, Havana, do. na«
sold—captain, supercargo, steward, end part of tba
rrewdead. y
IMg /Urago*^*, Doll*, Havana, roodemntd and
sold for §800. .;
Brig Viocedor, Mariana, Faya), do t*), foi $2200
—male, apperrarg... ami Rmet ol the crow oead.- ,
Brig San Carlos, Z»nieno,T*o«rifr, detained, tot
delivered up by government immedtatWy—att«4
warda brought to trial by the raptors; and was ac>>
quitted, eaptora paying,costs ffdidawajgrt^ fr i^
BngAnna, (Pwiqgoe«^ *l*o acquittqd, having
* t $&'■ y;'t-f.i ’.- -.1.""
■ i*Hi ’
■t:*
4.-V
& 1 V
S50
coo
V, 77
170
170
212
120
245
H- ha
wSfe ?»■
■: = J ,hri.B«fj*r,
m*icrjoiu ku iqBUeot service, afterwards ioM for
51400.
Scbr. Marians, Ssmana, Hevenue, condemned
•od broke up to help to build the government house.
f, Schr, Floridans, Dugsro, Pensacola, rnnde'nmd
end eolrf to the supercargo of (he Merced, (# § 340,
provided he would curry to Hevanns aH the prison
ers from the condemned vessel*— She sailed the 29th
September, with about 60, who wefe mostly sick,
with little salt provisions, end no bread ; to lieu
thereof, rice and innsty catsada flour, a very smell
slock and no fresh provisions.
Schr. Diana, Bertha, St. Bartholomews, waiting
trial, taken off Cape Mount.
• Brig Franklin, Olivier, Pensacola; andoneoth
er*S|iaiiibh brig, alter being raptored, were retaken
by tl<e news, and have not since been heard of.——
They had their cargo of slaves on board.
Thtf'lloxLing res frit detained ai Got ee, by Ike gar•
. -irison troops—captain and supercargoes seat to &■
nrra Leone for trial. - h ■
Ship M irra Dolores, Blockhouse, E. Florida—
cargo on hnnrd. i
Bri^ Pearl, Z«rilla, Havanna—do. *
Brig Catalina, Gonzales, Ten •■ride—do. ' >
* Brig Santa Barbara, Domigvrz, do. do,
S. hr. Ast^iuida, Alena, do. formerly the Meteor,
of Baltimore. ..
JSchr. San Josey Animas, Vilasey A precis, Te
oeriife, cargo on board. " y-.v-r &!•>. /*,*;*«
Ship Gallacir, Antclo, Cartbagena; altd schr.
Palafox, Ganzales, do. entered Gnree roads, an I
delivered their papers to the commandant, who pro
mised to return them—After waiting two da vs,
wit bunt obtaining them, tailed for iWrifle lor
fresh papers.* i M
1 he Packet Sloop President, Capt.
Wood, will sail for Baltimore TO MORROW.
Dec. 5- ■ 1 v v It,, .y.
Palmer’s Packet will sail for Alex
andria on SATURDAY next. , •. Dec. 5.
The Regular Packet Rising States,
Capt. Simmglon, will sail for New York 00 SUN
DAY rrxt. Dec 5.
Norfolk Theatre.
This Evening, (Wednesday) Dec. 5,
will be performed for the first time here, a cele- :
bratrd Drama, in three acts, interspersed with
Songs, Dances, See. as performed at the various
Theatres on the continent, with more applause
tlrm *ny other modern production, called
The Foundling of the Forest.,
This piece is fiom thepen of Mr. Diamond,a gen
tleman who has contriixited to the tic* iiuatir. list wish
no inconsiderable degree of success. Its interest
arises out of the perfidy of Baron Lcngiievilie, to
whom the count de Vaimont, on his departure for
the w rs, had confided his castle, his collates, :.nd ,
his infant son. On his return he finds his castle in I
flames, and can discover no traces of his wife ami
thiid. Wrung to the soul wijh grief at the supposi- ;
tion of their having iierishedin the flames, he retires j
with hi* nieie Geraldine to another habitation, and
p issing through the forest picks Wp arhild, Florian,
whom lie adepts.—Kighteen years are supposed to
hr ve been pant by him in all the wretchedness «f
heartfelt sorrow, mitigated only by the kflectsonnte
regard of his niece and Florlan ; when, he i!i-mvers
his rountess in the person of an interesting maniac,
whose life was preierved by a humane cottager1,
whom this eclaircissement restores to reason. He
also discovers his son in the person of the youth, tp
i when in his seclusion he had formed • a strong at
teach ment. The perfidy of Lnngueville is also dis
covered, and the piece ends with his punishment and
the'union of F Ionian and Geraldine.; ' iy /
Act 1st—Sc ene Sd—A Forest .and Storm—-Scene
4— Another part of the forest more entangled nod
intricate, the tempest becomes violent, and. the
stage appears alternately illuminated by lightning,
and enveloped In darkness—Scene 5—-The outside
of a cottage in the wood, a light beaming iu the
casehient. ~
..' Act 2d—The Castle decorated f ir a fete, a sbath
combat with the Broad Sword and Shield, between
Master and Miss J. Placide—A Fas Seal by Mlsi E.<
Piacide, not six years of age. . » •
Act 3d.—1'he rivar hank, the Rhine flows across
the stage at a distance, on one side a pavilion, through
the lower windows of which a light appears, the
Moon has just risen above the German bank, and
sheds its radiance upon the water. * ’ '■ * J.
To which uill be added lit Comic Optra of-A
*v THE PURSE;
'i
OR, THE GENEROUSvTAtt,
i
Doom to be opened at 5, and the Performance to
i . j. ,a commence at half past 6 o'clock, > * *> J
Admittance One Dollar. f oV'l
Tickets to be had at the Office of the Publick Ledger
"' V.;-,and at the Theatre.'., , \
t? THE SUBSCRIBERS ; t
To the Assemblies are requested 'to4
meet at the Exchange Coffee-House TOMORROW
EVENING at Seven o’clock, for the. purpose of «i>«
pointing Managers, kc. s ‘ - • •; t
December5. • : - » ‘ J- * ‘ *.cf» j:
— —T 1.n.. ■ V'M< 11 ni j
W't«t man fotulmg from Me Siip Jhmrg, Captain
* an iS+HOitpit*
13if casks Nails and Spikcs,
kilns—slid
w
i'^S
. ’I
f ■ &
a
?iV'vV”W*f BRii iSli ’
Schooner, Three Fr&hfo
# . .Cgjpfr *•*»
Witt take oa freight $ or.dtiff barreU to Harbadh
or Manhil^Wt if applied fer iiunwdkteijf. Fa
Urmaappljr to thy MMiar oaboard, or la
ffctoot* fcalidtc*
ptentWer «B<rmr®iliftKoi«6t. '
«*M eeryftm fh*45a*h. ehh*r hi their pt
*>* nude up, i»h*f* all kindrof tferidSl
Coach and Otg Harnett, kc. fcc. are a
•hottest notice, the wornwnriup/^Afl
.warranted in all cases equal to aay ezcci
nSimpson,<*
:«;‘,V7;tAUHq&ANY fu? Sak.-r;^*?
. ' . , ’•• * *- • ~ ' > * •• ;/# i
19,000 feet first quality Honduras Mahagnhy, jfym.- -» *
19,000 do. do. do. ttt. Uuuioga, * 'J* ~
APP,yt0 A ^
, December & ,, « ,t u j ft t’4‘'$2jfa£
s';
-> • /or
t. »20bifrcisSuperfine FLOUtL
50 crates Eaitltcnw a^ v^l lisscFteif*^ ,
8400 bushel* Turk's Island Salt. * >
‘ ‘;•.ih j&iiute &&&&£■• ■
m \ {"*■r .- ft * r , \ r ft,. ■.
f December Jt
«• 3 . ■
■ ■ -'■ iSi , T« _«.»
mi.:
*♦**.. P'wm&tON keiyT&lWwfeiW
»>A Omall IVweHing-Housc, IffVcoii
venirnt p«rt #f th? iowot V” Jlhfiiu ti '
ljec. 3rv-■:;■■,■'• ■■■ ' ;■ ,;vft *..«.vivir ft.rr ^4 ft-7%,
-*■.. ’•* :»«/.'
V ft ./~ft ft I..'! ■If. f’OJl fajUNFf* ft i;X . ft-.
The Tenement on >! am Strbet^ ktcM
occupied by Fortewue Whfttlft F.aq. -PrisU.^4
may be bad immediately., Tor terms apply 'uk-.
^'MT: Niviso
■w Dee. j/ft' r * '> ft*
tf
*\ .ft'’ tft* Mi&&<lhe<t*.mag V’
Two Ne^ro W/
as .cr>a?iJWKT, and * &
'• ‘ Apply atthisOfice,
« ft'ftst
December 3
>’4F'. *f t'••'■"» .*2^1
. DANI KL
■®M +'i<ivtd by the Brig Unity* Qofc+ Bmttthu
^ m ^S^'h 4,1 ", «t :V^
■'v Fall and • Winter GOODS**
■! , s J. •' * Conti,dry - *“ ’ •,
Superfine Cloths, and Casf»;mercs»
Blee and Ur^b Plains, Welsh and Peh*e FU
Pelise Cloths, Hose and Dvftie BUnkrt*, *, mamf ,
Cut pi ts :.nd Carpeting, Y<.r» Hn*e. IdbLiaM’
‘9-4 and 6-4 Sheeting. Cable Linen,
Which with bis firmer supplies by {wJ&m-WWg+M
ler, and the ship Kitting Suto^ firau Londun, tnatM
hi* assoptmept complete.^ ■ •
■ November ■SO.-' 1 4. ’ * • *•»*
;; A'
V; ' F R ESH coops, -^***f:
• Andre# bjf Uir, ^yitf.'lrm.-iStnppd^ ••
• * S ' • ' - . , ' K\p*ftl&J v
70 pieces Su p. Cas^imere 1 ^ ilfmfa*:»
30- do. • 8nper&l« C'oK*t'. ^'X.; j»K9Ws^s^^l
4 perc^a elegant c»t;qie*vv-,A.
20 ca*ka ef Perrj > WeeduigHoes./
: " v- • • ■• U’Ub «tarfety ef v^4*.
Saddlery atid Hafdware Goddf^:
Which will be dupoted of ut reduCu4pdc*»s bf
piece oir package, by * * ^
.. Postponed Salci- * * •
By virtue of a Deed in T>i
Junies W. Ln Wgtey 'to Susannah M*rtt£, g*-: >
if ill br Sold of 'Publict Avctpi for \kt*
au H P. DA’ ESDJ? lie iM *f. QerrmUr
a* He Dmliing Huu*r tif Mn. Hiattm,
Two Plantations in.^Norfolk- ...
The one on which ehe now hrev eont*hmie\
hcres, he the Mine more <n? lens; (his piece i* thvkicw
from theBornueh of Norfolk only by 4 smell cr*rk.t 0
hfis on it Dxei;ing-H.*ose», « Wind ftfill nh#??
Other impro vement*.' The other lying »o Xuiaer'M #
Creek, containing 3(So mcrt*, tnore iir iewii'TOk 'i
IVsct-lH ■hwilr-yema nutwood, mtid*ynW* 4 #
lew mile*of NorfoilrUorciigh, - ’ o'
November 21.f •!
.. ■ ■■*.- , n J.U- "-A >r * ! V
BAGGlj
#%§L$
* f
120 piecing top pric<ti Dcasiaa,#^
w *.
!'V
.‘P '
fkfir —■Y-^'f Nil' n"iini|iiWi
Pi1, fir Ba**, rereived on oonxive^&t.
far gate on liberal term* by ., ■ ,
' > Jo4nC.Nkincycn^
November, 28. >4 ^ - V, \ Cllfe&blSft: *>
Prime Jamaica COFi EE m ti__
■■ For Ssie'hy
iV'r ‘.XTV* ' %'
A.-fcrVn-l.'.t
*%.<**? -v-U ?
f 1 yerygoodMAN
'*£flS'o’v**n*' mmutTfi/it*, -./F-Mmavam
^ -*ia YQvmiWmiA
pushed. ApotyMfteJMitbr ifftmpmyer.n r
November 1». ■ •
^—“■■■— 1W«»n :• g‘ *>. .»»a* •*■
S3 boxesWhiteHi«i*«ii.S
ir4» ? * : :*» ■■: :»t£
•<d, 'i i*' '.*v^> V«
^ r* -f , *dVr 'V-- -" -* ^ ^ ** &
-KSV'