The British Press; or, Morning Literary Advertiser.
London, England, 1805-11-12 00:00:00

DOVER, Nov. W.

Yesrcrday, about twelve o'clock, the Diligsnce
sloop of war went out of the harbour, prior to which,
Sir Sidney Smith went on board, and, calling the
crew aft, read to them the account of Lord Nelson's
late engagement ; after which he addresscl them
mspeeting the expedition about to take place, in
which he told them, he hoped soon to have the ho-
nour to lead them to glory ; and did not doubt,
when the time arrived, but that they would chew
the same gallant spirit which had been displayed
on former occasions ; he said, be had heard much
bad been told them respelling the hazardous enter-
prise about to take place, but he could assure them,
it was not what he understood they had been made
to believe ; but, at all events, he had no doubt,
but they would exert themselves as they had done on
all former occasions. Having ended, he received
three cheers from the ship's company, and retired. A
band of music attended them into the roads, and
remained the whole of the afternoon. The Airriore,
Sir Sidney Smith's ship, is likewise in the roads
with several other ships, brigs, and cutters, but their
grand rendezvous is off Widmer Castle.
The workmen here have been employed the whole
of the day in completing the boats ; but to describe
the apparatus attached to them is next to impossible.
They make a wonderful strange appearance. Sir
Sidney Smith, this afternoon, has been inspel-
ing them. A yacht, called the Atalanta, is kept
in waiting fur him. The,e is every reason to be-
lieve, that, in a very short time, I shall be able to
send you some accounts from the other side.

Commodore o.eoues's squadron was cruising
off the Mauritius, in June last.
The Iris, Goss, from Baltimore, is put into Pen-
zance, in distress.
The Goodwin, IS A ccen, from St. Übe's, is arrived
at Waterford ; she was boarded, on the 3d inst. by
a French privateer, off Cape Clear.
The Pbfws, —, from St. Thomas's, for Emb-
den, has foundered at sea, crew saved.
The Perievera W Aker, frors► Dublin, for
London, and a light transport, No 11, are cap-
tured by a French privateer, off the Land's End.

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LAW INTELLIGENCE. •
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COURT OF KING't•BENCII, V{rurMl Tl 5, Nnf.
Mr. DAMPIit moved the Court, that John
Browne should appear, and pkad to an indietment
for obtaining money under false pretences.— •
The indiament charged (among other thin; t)
the Defendant with pretending to one Jacob Brad•
bury, that he could procure him the place of Coeket
Writer, in the Revenue, which situation was then
vac Int, arid thereby persuaded the said Bradbury
to advance him a sum of 2001. on pretence of Pee-
ing officers, &c.
When called upon to plead, the Defendant, in-
stead of so doing, claimed an ini3orlance. He said,
he ha I been indieted in September, 1904, was in
custody ever since July last, and ready to take tub
trial at the last Quarter Sessions.
Mr. Disarm* objeCted to an imparlonee being
.granoid under the statute of the ;30th Geo. IL by
which he should be tried at the sessions of Oyer and
Terminer, or general gaol delivery. The Court
thought the statute left it in their Lordships discre-
tion, and the importance was allowed.

WILSON s. BARBER.
This was an adion of assault and battery, tried
the last sittings at Guildhall, when the Plaintiff ob-
tained a verdid of 2001: The Plaintiff was a hair
dresser, and the DeferidAnt a Sherif s Officer.
The SOLICITOR-GILL:ERAS moved for a new trial
in this case, on the grimed; of excessive damages.
The Plaintiff, he contended, had not received any
personal injery ; and, as the Defendant WAS a
Sheriff's Officer. he hoped the Court would consider
the case ; neither parties were in a Situation of life
this could ensitle the me to teceive, or enable the
other to pay such is sum.
Lord Et hi a so it o e't it thought it one of the most
ar.rgravated cases that ever came before him ; there
s' as much perstmal indignity and insult. The De-
fendant, not content with reviling the Plaintiff. and
abusing him in the most groat and foul langua're,
spit in his face, deel iting he woirld have more fun
before he would go, and brought his boy to see the
joke.
The Sottcrroa-Gs tsrata h answered, that it
would be better to transport the Defendant for seven
years, than maintain this verdid against him.
Mr. Justice LAURENCII thought the damages
high, but the Court ha.f no measure to go by.
Lord EL L VIBOROL 011-.-" 1 left the me-mire of
damages to the discretion of the Jury, if they were
of inch a sizes as to jobs improper motives ia the
Jury, we might interfere, but it does not appear in
that light."—Motion refused.
ascssetrett edorsees, 0. ROBINSON Iftel OTHERS.
Phis WAS an adion for giving a false charafter
of a person. by which the Plaintiffs were injured. It
was tried the last assizes for Lancaster, befi he Baron
Simon, and a verdid obtained for the Plaintiff.
Mr. Serjeant COCKS'. applied far a new trial.
The circumstances of this case were of a singular
nature. The Plaintiffs were nierchailts, as also the
Defendants, Messrs. James Robinson, the elder. and
Christopher Robinson. A person of the name of
Hawkins applied to the former for a parcel of
goods. and represented himself as belonging to the
firm of Hawkins and Co. New York; being a
total stranger to the Plaintiffs, they required a re-
rference for cherasler, and he named the Defendants.
The Plaintiffs accordingly wrote to them on the sub-
jed, and received a letter in answer, signed James
Robinson, stating, that Hawkins and Co. were a
Tay respedable house, at New York, and Birming-
ham, and they might credit them for a much larger
amount than then required. The Plaintiffs, there-
fore, did not hesitate to give their goods ; but, soon
after, Hawkins became insolve Application WAS
afterwards made to Mr. JAMS Robinson, the elder,
on the aubjed. who expressed great surprise, and
denied any knowlsdgo whatever of the letter in
question; it turned out in the sequel, that James
Robinson, the younger, son of the Defendant, and
who was a partner in the house of Hawkins and Co.
had written the letter in his father's name. The
Plaintiff, through his attorney, then threatened to
prosecute James, the younger, for a forgery ; an al-
tercation took place, and the Plaintiff said he should
be apprehended immediately, and his life should pay
the forfeit of his crime. A younger brother, who
was present, then said, that his brother James,
whose counting house was near to the Defendant's,
had constant access to their books; and, upon exa-
mination, the letter was found copied into the letter.
book, in James the younger's hand-writing. Both
Defendants denied any knowledge of it ; but, in the
confusion, Christopher Robinson admitted, that the
following entry was his hand-writing, but it ulti-
mately turned out to be another person's. The
question then arose, how he got possession of the
Plaintiff's letter but. it appeared. that he was in
the constant habit of going to the Post-Office for his
father's letters. The Learned Counsel, therefore, I
contended, that as the anion was fosaded in fraud, '
and the Declaration charged the Defendants with
fraudulently, wickedly, and knowingly committing
this Aa ; and as no such knowledge could be at-
tached to them, the verdict could not stand.
It further appeared, that James, the elder, knew
nothing of the failing circumstances of the house of
Hawkins and Co.; bur, when made acquainted with
them, he declared. his son went into the firm against
his consent ; the fellow (meaning Hawkins), was an
American. and he would not trust any American
scoundrel.
Lord Ricca acototto a, ri This is not the language
of a man who had a guilty knowledge of a fraud.
Take a rule to show cause.'
suaxestswaw a. Palm
This was an salon of assault and battery. The
Plaintiff was a cart owner. and the Defendant, the
driver of the Manchester Telegraph coach.
Mr. ERSICINI applied for a new trial in this, case.
He stated, that the assault was alleged to have
taken place on the 20th of September. at a place
called Shenly-hill. on the road between Manchester
and London, and at the other side of the White
Horse, where the horses and driven are chanssd.
The cause was tried at Westminster, the Sittings
after last Term. and the Defence was not that the
Defendant had not committed the assault. but that
he was not the person, one John Hay being the driver
on that day, from the White Horse to Manchester.
In the course of the defence, the cause appeared
to be going against the Plaintiff, when his Attorney
started up, and, on oath, dichosa, that the De-

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fentlant had admitted to him, be was the person
who committed ti .e ads tuft j •Is ol..(31 the ,lase,
and a verdid was fOUltd 'or toe F ilintiff. Ha?
was to have uecn voluntarily examined. 411 a witness
for the I),ft:rdent, ' It did not come iii time. there
was another ,emarkahle circumstance in this case.
The action was brought A great while igis, and the
Attorney was ruled before he would set down the
eaiis.t. for trial. The Learned Counsel then pro..
duced several affidavits of the passengers in the
coach, wi.r. per: am 1 out ..ince the trial, which
stated, positively, that H., y : . the man. who gave
the assault, and nct Price, the Defeidant. rhe
Clerk of the White Horse, Fetter-line, where the
coach sets up, also swore that Price was the driver
from London to the White Horse, near Shenly.hill,
and Hay took the coach on to Manc,ester. That
Price drove from Loodrin on the 19th, 20th,,
21st, and 22ci of September, and consequently he
could hot he the person. Hay was still ready to
come forward, and would be suisptened. Upon the
whole, therefore, he considered the verdift rounded
on gross perjury of the Attorney for the Plaintiff,
and hoped the rule would be granted,
Lord Er censoaovoir, '4 The verdift torned on
the confession made to the Attorney. Takena rule
to ,hew cause."
THE RING V DOBION and SIMPSON.
Mr. Seljtii3t HEYWOOD moved for a new trial in
this case. It was an infornration by the ATTORNICT
GENERAL against the D-fendants, who were
ledors of the Property 1 ax, for obtaini tg motwv,
under false pretences, from one Price, which OS
tried at the laid Assizes for York, before Mr. Jus-
tice CH.% m aft e, when the Defendants were found
Dnbson was a village schoolmaster, and
Simpson his assistant. The former kept the busks,
the latter the money ; Dobson furnished Price with
his account, fir 51. Property Tax, which Price aid
to him, instead of Soinpson, and Price appealed
against the sett year's assessment. The Learned
tierjeant contended, under the At of Parliament,
that the Attorney Gm-ral had no authority to file
any siieh inform stion, but that the parties shodld be
consii9ed in a penalty of 1001
rhe Court ordered tie qieestion to stand over nn-
til they should be turnahed with the Judge's re-
?•oi.
I. PARK moved for a H • bras Carpel, to hying op
the itokly of .14.4 m F•rw, who was committed trader
a Corono's Inquest for m inslrug ter 1-1, wok
another, was going out to shoot, and not kn. se, g
rile gin mt.: loAe.f, in sport, prinieat- 1 it At the
deceased, when it went nit and kiltd him: . ir!.ing
of m slice 4ppeared in the trAns4ition. Hu.! gi
Lrod Ext.essiorouois Sat at Nii Prie4 at two
o'clock, when a few undefended causes, '4 a. Ito-
ment, were disposed of.

COMMON PLEAS —Neneetia 11.
HE111111•10 •SSEY.
Serjeant Vancla an, on the part of the Plaintiff,
moved for a Rule to thew cause, why the Verd'ilt
obtained by the Defendant should not he set aside,
and a new trial granted.—The Cause was tried be-
fure Mr. Justice Rooms, at the last Leicester As-
sizc-..—lt was an Aaion brought to recover the in.
tesest on a Bond for 5,0001. at four per cent—The
Dekndant put in a plea, that the Bond was fib-
t I led by dares: ; but the Plaintiff's Counsel con-
tented thernseies at first by proving the hand-writing
of the sub,cribing witness to the Bond, and his
death, which took place a short time after the exe-
cution.
On the part of the Defendant, Mr. Eborall, an at-
torney, deposed, that the Plaintiff was nephew, and
also married to the daughter of the Defendant, and
that the subscribing witness was son to the Defend-
ant. He went to the Plaintiff after this bond had
been executed, tor the purpose of inducing him to
settle a separate maintenance on his wife ; and, after
some conversation, the Plaintiff informed him of
the manner he obtained the bond, which was as
follows. He had beard, he said, from his wife, while
she was in a deranged state, that there had been
artincestuous commerce between her father and her,

in consequence of which, he and his brothel...is-law,
the Defendant's son, compelled her to write a latter
to him, the Plaintiff, informing him of the fart, and
then to write another to her father, accusing him of
the crime. The Plaintiff and the Defendant's son then
drove off to the Defendant's house, who had been
just married, and, on entering his dressing-room,
where he sat alone, first seized two letters which lay
open on hls table. These his daughter had dis.
patched to him, after she had been compelled to
write that acins:nl; him of the crime. They beg-
ged hi, ftygiveuesi. and stated, that nothing but
compuhion could Lave induced her to have asserted
so mach falsehood ; and also that her husband in-
tended, by threatening to make it public, to colt
him to sig.i a bond for a large sum of money.
Plaintiff ter seized hold of his father-in-law by
the collar, and desired him to sign a bond, which be
had in his pocket, for 10,0001 This the old man
refused, in consequence of which, the Plaintiff
struck him a violent blow on the head, with a stick,
and felled him to the ground. The Defendant still
refused to sign the bond, and I times attempt.
ed to scramble over to the bell, but he was as many
times knocked down again by the Plaintiff. The
old man, at lergth, said, he would sign a bond tor
3,0001. and it was instantly altered to that sum, and
the Defendant's son saw it executed. Two other wit-
nesses corroborated this fart ; and the Jury, after
being informed by the Lc.rned Judge, who pre-
sided, that if darer, were made use of, the bond was
void, found a verdift for the Defendant.
Serjeant %/Avon AN now submitted that this ver-
dia ought to be set aside, and a new trial granted,
on the grounds that he was now prepared to bring
forward evidence, servants in the house, at the time
this violence was stated to have been committed,
who would be able to state, whether any such thiag
took place or not. He also submitted, that if he
could prove that no violence was made out of, the
obtaining the bond, threatening to discover the
incestuous commerce, could not be construed into
darer, ; and, finally, he urged, that the Defendant
giving his bond for only half the sum demanded,
was. when coupled with the circumstaaces of his
since paying part of the interest, and being on good
terms with his son and the Plaintiff, a proof that is
WAS not obtained by differ,.
Mr. Justice ROOKS said, he was himself perfealy
sasistied with the verdift which had been given; and
the Court, on further consideration, were unani.
moody of opinion that the Rule should be refutes!.