The British Press; or, Morning Literary Advertiser.
London, England, 1803-05-10 00:00:00

NAVAL INTELLIGTNCE.

ri.rtoovt rt. d so 7.
This morning an Admiralty Nles.enger came
here with the until coach ; what hs dispatches
were have not transpired; he went immediately
to Admiral Lord Keith, K. B. An express
arrived yesterday from Volidon to Admiral Lord
Keith, to keep in readiness a fast-sailing sloop
of war to he immediately victualled for foreitin
service ; and on no account is any officer, petty
officer, seaman, or marine, permitted to sleep out
f the ship. It is imagined she will carry abroad
the stlfintahnu of war or peace with France. The
fis,sier, of 18 guns, Captain Inglefiell, is talked
of likely to go on this service, as she is a tight •
v-s .1. .Sailed for Torbay, and from thence on a
.-rti.e, the Naiad r.f n guns, Carr. Pearson ; she will
g.. into the Channel, most probably to meet some•
of nut homeward-bound West-Indiamen to get sea-

Len.
On Fri,lay the Drapn, of 7 fzuns, Capt. Ayl-
mer, made signals to g, from Cawsand Bay into
ailmolize, pursuant to orders from the Admiralty
iher p*y.books being down), to he stripped and
p.tid of, and if her repairs are not of much conse-,
quence, sbe will be recommissioned diredly, having
been only launched in 1798, and has made some
very hard service. In turning up between the
I4l.utii of St. Nicholas and Two Coves Rock, just as
the man who heaves the lead cried out " quarter
ks four," the struck on a rock near the buoy in
that dire/ion ; but by the exertions of the officers
and crew, she soon swung off, and returned to the
Finuad, where she remained till this day, when, in
turtling up the luirhour between the Narrows of
Mount-Edocombe and Devil's Point, she struck on
the German Rock, but soon •wung off,'and got to
her moorings safe and well, owing to the exertions
of all on board.

PORTSMOUTH, MAY 7.
Sailed the foliowirg of his Majesty's ships this day:
Rus.el, of 74 guns, Capt. Williams, for Torbay ;
Fsipeifit.en,, of 11 guns, Cart Withers, for Jersey ;
Aurora, of 24 guns, Captain Malbon ; and Camilla,
of CO guns, Captain Taylor, for Newfoundland ;
La Pique, of 40 guns, Capt. Cumberland, for Ire-
land; and dfcaita, of 40 guns, Capt. Oswald, on a
cralte.
Arrived his Majesty's sloop Driver; of 1t; guns,
; Capt. Fane, from the eastward, and remains at
Spithcad with the squadron.
Remain nt St. Helens, his Nfajesty's ship .f lion,
of 3:. guns, Capt. T. M. Hardy, and l' giny cutter,
of I 1 guns, Licit. White commander.—Wind N. E.
blowing a fresh breeze.
His ?fajesty's :ship Alligator, of .:78 guns, Capt.
Richardson, and Cl, (tater, of 44 guns, Capt. Spear,
are ordered to be got in immediate readiness to re-
ceive troops on board.
His :Majesty ships Seah3r,e, of 38 guns, Capt. the
Hon. Courtney Boyle, and Orpheus, of 3t guns,
Capt. H. Hill, are undocked; and La Mead:, of 36
guns, is gone in to undergo some repairs.
:KAY 8.
Sailed his Majesty's sloop Driver, of Iti guns,
Captain False, and Piosny cutter, of 14 guns, Lieu-
tenant White, on a cruize.
His Majesty's brig Starling, of 14 guns, Lieut.
Guyon, dispatched last evening, on the impress
service to the westward, anchored this day at Spit-
head, and remains with his Majesty's ship Grampus,
of 50 gulls, under orders for the Downs, Ailniiral
Lord Gardner and Capt. Caulfield ; hiv, of 50
gun
s, Capt. Capt. Lobb ; Puissant, of 74 guns, Capt.
; L'Aitk, of 36 guns, Capt. Wolfe;
:wee, of 24 guns, Capt. Richardson ; Chichester,
of 44 inns, Capt. Spear; and Arrow, of 30 guns,
Capt. Vincent.
At St. Helens. his Majesty's frigate Airlioni—
Wind N E. with a moderate breeze.
Inse Alligator, of 2$ guns, and Citichewer, of 44
tuts, have made signal for sailing.
voarav, MAY 7.
Bailed the Vectich st,:p Williams, with General
Bc -thier and r.;it for cobag.).

revtit, 4AV P.
Sai7ed tt•.e .fs qt. Wirt, Captain Sutton, with
fr. Saves:cr, the messenger, and a french couritr,
for Roingre.
A Freseh messenger sailei yesterday is the
/iyat NA. Capt. Polo, fi.r Calais.
SiY o'clock.—The joist Eivait is just arrive.' in
the ro ids froin Calais, with a great number of pas-
sengers, but bas brought no mcssenger.

vsat. 'dor $.
S.oled the .fver/is fripte, Capt. Lord Probb to
the northvv.a.l.—Wind N. N. L

LLOiI/ I IST.

AllllllllO.
At r'nw•Pe—rie !fancy, Viarneli, train Charicolo.
/pi brict” f..re Smith fern St. Cite's; M..rgaret. (it' if.
ith, nom Sc. Mt....sees; 684 oc w, Limb, from Smyrna.
At ralin tuth--,%ilaiitie. Hone, tom lifint.nia.
At 8ri401.--Viet.tine, rood, (mu the St a 4.4.
At II saah..rtit—London. Linder. frau LIMA ; and tke
Foorth, --.. bens Cones.
At SrmaiNt—'hrittz K rate's). from Viarld.fm.
In the T. 4—Verial, Peck, Mtn s,.ait. ; Dana,
aml Catharine tionnetra, —, from Dernantra.
At I legit.- Sally. Brooks, !rola N. to York.
As ncoatrea-....it•rrie' Pane hens Africa.
Afrier..W.A.noreland, Prince, from I..vcrpool.

At a Very late hour on Sunday night, as Dosttor
Rsaanos, of Surry-street, Strand, Wag returning
home after attending a patient, he was attrafted by
the uncommon beauty of the Moon-beams on the
river, to pass his house and walk to the end of the
treet .vhi,h overlooks the wirer. His Attention was
immediately caught by a noise in the river. Con-
ceiving it to be some person drowning, with that
philanthropy which has ever marked his ehara.f.b:r,
he plunged into the Thames, and brought out In
unfartnnate female, who re ceivel from hi.* every as-
sistance her wretched *situation cletr.arded; and we
has.: the pleasure of stating, thst she is perfedly
recovered. It appears she is a married womaa, and
resides in the neighbourhimi of Clare-market, and
states, that living unhappily with her hisband, and
distressed in her eircunseam:es, :he had determined
to put an eud to her esineisce. She expressed mutt
contrition fir her conduCt, and the warmest grafi-
fode for her deliverer.
On Tuetdav last a Coroner's Irsq:iest was held on
the body nf a ishoyariv whounfortunately (ea
:Sem the I. ,ft of • nears east's "'icehouse in Creed-
lane, by which be was killed ma the spot, Verdid
41.:irmod Drat& Mr. B--, the. master of the de-
teased, knosanely raised a sabscription for the relief
of .1.. e family of the &teased.

~_

~-•

r: rr..~r r~.

COURT OF ! XC Dt:P.I.EJ, C.U.A $O.
Mr. G NO/An 17. MORI r.v.
'LEN opened the pleading:, by saying this
w-A., an aition of assault and false imprisonment of
the Defendant for thirty-nine hour;. Damages
were laid at 3001. to which the Defendant pleaded
the general issue.
Mr. *NALLY stated that the Plaintiff had been
some years since in a reputable situation in this city,
hut, owing to misfortunes, had been obliged to go
to England, where he remained for a few years,
until by honest exertions he had realized a sum of
money sufficient to accommodate some debts, which
hung over him, to the satisfatFtion Of his creditors.
Among those creditors was a namesake, who on
his return issued a ,tire faci,v against him by his
attorney, the Defendant. To this the Plaintiff put
in a plea which was sufficient to stop the proceed-
ing in the usual course of law ; the Defendant,.
. notwithstanding, issued execution against him, on
which he was taken, in December fast, and com-
mitted to the Sheriffs Prison. It would, therefore,
remain for the Jury, under controol of the Court,
to appreciate damages in proportion to the injury
sustained in credit, character, and the deprivation
of his liberty by an illegal and unwarrantable pro-
ceeding of this description.
Laurence Mooney deposed, that he was Sheriffs'
Officer, and by instrations from the'Defenclant had
taken the Plaintiff in December last on an execution
for 231. odd ; that he met him in Charles-street,
• and at his own desire conduaed him to the Sheriffs'
prison, wht:re he deposited him. Ile produced the
warrant on the authority of which he arrested the
Plaintiff, which hose evidence of the Defendant's
sanaion and responsibility for the witness's share in
the transaction.
. Cross-examined by Mr. Serjeont Moore:
Q. Pray, Mr. Bailiff, when you touched the
Plaintiff, did he not go cheerfully with you to the
Sheriffs' prison, like a man who had address enough
.to lay a scheme for bringing an adion of false im-
prisonment
: A. I can't say that he did—he seemed to me to hi
its susceptible to the dark Avi as any other pauctit
I recolleft to have had.
'I he Sub-Sheriff deposed to the anthenticity of the
execution on which the Plaintiff was imprisoned,
also to the time he remained confined by virtue of
the same.
An Attorney was neat adduced in evidence, who
pn;red that he had been 'acquainted with the Plain-
tiff for a great many years ; that he heard and be-
lieved the Plaintiff had been also an attorney, who,
some years since, by order of the Courts, had been
prevented from praaising ; that having been in the
country some time previous to the caption of the
Plaintiff, on his return, he went to see him to the
Sheriff's Prison, where he first told him that be had
made use of his name, in putting in a plea against
the ,tire facial issued by the Defendant in the name
of Philip North. Witness acknowledged that Plain-
tiff aged as his clerk, but had no specific authority
from him•to sign his name to the plea in question.
On cross-examination, it appeared that notwith-
standing the plea urged by the Plaintiff in bringing
this aetion, he did acknowledge the debt, and put in
a subsequent plea of confession to it.
It was urged against the Defendant, that previous
to the issuing the execution, it was his duty to have
a search made in the offices for a plea, and that so
habitual is that praCtice with attornies, that the fee
for such search is generally the first item in the bill
! of costs.

Mr. Joseph Farrar, of the Exchequer Office,
proved that the plea given in by the Plaintiff, on
which he rested his cause of :alio% had been for-

orally filed.
The Defendant offered evidence to prove that he
gave instrudions to the proper officer to search for
the Plaintiff's plea, according to the usage of the
profession.
Load A vox %toter observed, that if the search was
not made according to such instrudions, it was suffi.
cient ground of adion for him against the officer of
the Court tOr his omission —that, however, the-arrest
was ilegal, hat attended with such circumstances
ia the condun of the Plaintiff, as precluded him
from any damages. There was no denomination
of coin too small to make reparation for a fancied
iojat y to a man, who, conscious that he owed a just
dAt. insidiously uses the name of a third pet son,
and .without his knowledge, to evade or protrati the
payment of that debt ; and as evidence that he did
not feel himself warranted to shrink from the pay-
ment of it, he afterwards puts in a plea of con-
fession. Howevisr, as the arrest was certainly not
warranted by law, the Jury ought to find a verditt
for the Plaintiff, but with the lowest damages they
could name.
Verdid for the Plaintiff--Gd damages, and Gd
costs.

••••••••••••••••
COURT OT COMMON tt F.AS, MAY 1.
At a Record in the Court of Common Pleas,
bet Ore Lord Noleusur. Byrn v. Cochran, for defa-
mation, damages were laid at 5001. to which the
Di fendant pleaded not guilty. These parties were
dealers in cattle. The words stated in the declara-
tion to have been aked Nvere, " You rogue, you
robber, you stole my bullocks." These were de-
-I'o .ed to hare b. en uttered by the Defendant, and
applied to the Plaintiff at different times—once at
Summer-hill, as proved by a Mr. Kelly, and ano-
ther tir.ie at Smithfield, as deposed to by a Mr.
O'Neill.
Mr. Whitestone stated the plaintiff's case.
Considering the simplicity of the matter at issue,
Mr. Curran, fOrthe Defendant, found occasion for
a speech, replete with his usual fancy and elocu-
tioa. He lamented the present as one instance where
reighbpurs are irritated against each other, often
f ;cane idle, inconsiderate, and unmeaning elpres-
c-.s, where no harm had been intended, and by
:P ash no injury had Lees really sustained. These
iturnefiii animosities between ignorant. irascible.
brit well-meaning people, ale too often created and
Olaf:beds from -line li.tgious aad sinister motives
M'. Curran concluded Ate of those able and anima.
ted displays of elerFience which peculiarly belOng-
to tint: be depiaed in glowing colours the wretched
situation of the lower order of the people, when
brought together by the condua. chicanery, and
trick of pettyfoggir.g solicitors. who, like die idle
and abandoned wretch, steals a chid to hs'g on the
ars, waltzes its 4a4ority I
Lord Nossiniv, in his charge to tbc Jury, told
there etat the Defe•ndant called no witnesserp—jet
t&ity were not to tlivregtvd the 'energetic loam
• •

e

vw.

wbieh they heard from Ur. Curran : i,d has mule
rrations to you, founded on
good sense, and
urged: with 2 pathos and a feeling that you eannot
be insensible of. The damages are laid at 5001.
The words art proved to have been spoken at two
different 'plecee—no tpeeific injury has been proved.
His Lordship thought that moderation should be
• their guide—but the adateshurement was their pro-
vince, and theirs =le.
• The Jury reiorned a verdielloe the .Plaintiff of
401. damages. with tit. costs. - •
Counsel for Plaintiff, hiessts. Whitestone, Ni,Nal-
ly, and King.—Por Defendant, Messrs. Curran, 3.
Ball and Bethel.
wee--
GALWAY ASsIZI-3.
*Calif, A MINOR, v. O'FLAHEITY AND 0T11214.
This cause, which wis an issue frOm the Court of
Chancery, to try whether Patrick Theobald
the cilia minor, was the legitimate sort or floe of The-.
obald Burke, late of Derrymaclougline, in the county
Galway, deceased, came on to be tried at Galway,
before the Right lion. Arthur Browne, Prink Ser-
jeant, and a Special Jury, upon the event of which
a property of a very considerable yearly value in
the county Galway depended.
The case stated for the plaintiff went to shew,
and the evidence produced on his part to prove,
that the said Theobald Burke, on the 20th July,
1900, was lawfully married to Eleanor liirgiden,
by F. Kavenagh, Friar of the Convent of Clare,
Galway, who was at the time of trial, and for up-
wards of a year before, insane ; that said Theobald
Burke and Eleanor Ifargidan were of the Roman
Catholic religion ; that sail Theobald Burke did
not die until August 16, 1800, ncr fall sick until
some days before; that said Eleanor, his wife, was
delivered of plaintiff on the night of ICth March,
1801; that she appeared to be pregnant in Novem-
ber, after her husband's death, and to increase in
• bulk until her delivery ; that she had been seen to
suckle the child before she procured a numee and
that milk had been drawri from her breast after
wards; and the plaintiff was identified to be her
child.
The case stated for theaiefendants was, that John
'Burke, the father of said Theobald Burke, by deeds
of settlement in 17512., limited his estates to his son
(said Theobald) for life, remainder to the issue a
said theohald lawfully begotten, remainder to said
John Burke's right heirs • that said Theobald was
a very dissipated man, and never married ; that on
ids death irefend/nts became entitled in right of their
wives, the daughters of said John Burke, and sisters
of said Ihe hall, to all the estates of their said
brother and father ; that said Eleanor Hargidan
had lived with said Theobald for many years as a
kept woman, by whom he .ad several children, some
of whom were then of age; that the said Theobald,
at the time of said alledgrd' marriage and long be-
fore, was lying ill of the fever, of which he died ;
that said Eleanor liargidan, on his death, kept pos-
session of his estates from defendants, alledging a
will to have been made by said Iheobald shortly
before his death, in favour of her natural son Domi-
nick ; that afterwards she relinquished said will, and
set up plaintiff as the legitimate issue and heir of
Theobaltli that the defendants had filed their bill,
char his illegitimacy, and Thomas Swift had
awed to the Court of Chancery for liberty to issue
a writ of de Hyaline Rep/qua° to the Sheriff of the
county of Galway, to deliver to him the plaintiff
as his son front and out of custody of said Eleanor
Hargidan, who forcibly detained him ; on which
application the present issue had been directed.
And defendants evidence proved, that said
Eleanor Hargidan had not, previous to the report
of her-delivery, chewed symptoms of pregnancy ;
that she refused to permit a midwife, sent by de-
fendants after the report of her delivery, to see
herself or child • that Bridget Swift, wife of Thos.
Swift, of Ctoonah, !county Mavo, was delivered of
a son nine or ten days before Patrick's Day, 1801 ;
that Mary liargidan, step-sister of said Eleanor,
came to Cloonag-h to Catherine Glynn, her mother,
to procure a male child for said Eleanor ; that they
prevailed on Thomas and Bridget Swift, for a stun
of money, to give up their child, said Bridget to
accompany it and have the nursing ; that said
Bridget and child were brought by Thos. Ormsby
on horseback, accompanied by Catherine Glynn, to
Derryinacloughny, late at night, the child at this
time four or hve days old; that the child was put
into bed to Ele snot Hargidan, and said Bridget
kept privately in a closet; that it was immediately
reported said Eleanor was brought to bed; that
said Bridget was sent home the following night, to
report that her child was dead, and to return again
with a charatier. as if looking fur a nursing ; that
she accordingly did to, and returned in two days,
and was then publicly announced as the nurse ;
that the child was christetied the Sunday following
by the name of Patrick Theobald Burke, and that
he had been christened before on the day after his
birth by the Rev. David Rainey, the parish priests
by the name of Patrick Swift, and t: at the plain-
tiff was the same child I that she told her brother
that the thld was not dead, and that her brother
had told Mr. Rainey, the priest, and that the prieit
had refused to give her the rights of the church
until she accounted for what lee dime of her child,
and that she then disc veered. The plaintiff was
also identified to be the child of Thomas and Bridget
Swift.
It also appeared on the cross-examination of
'the plaintiff's witnesses, that whilst Bridget Swift
hints absent from Derrymacloughny, to report at
Cloor.agh that her child had died, plaintiff was fed
with a spoon in her absence, and not by the breast.
They Oho differed as to the circumstances and per-
sons present at the marriage—and one of the wit-
nesses, an apothecary, who had deposed that said
Eleanor had every appearance of pregnancy two
months before her lying-in, whet he saw her, and
from thence until her lying-in encreased in bulk, on
his crosooxatnination admitted he had not seen her
from the time of her husband's death (who he said
fell sick on the ilSd of August) until three days
after her lying.in; *ad in answer to a question by
the Court, tad she latoin in summer on the leth of
July. They also traded is many other material
parts of the evidanice.'
The child, weeistroduced in cot, and the simi-
larity of its MINOS to those of its mother, Bridget
Smyth, pereeiveable.
Atter an able charge from the learned Judge, the
Jury reused far ohm a quarter of an hour, and
brought en the Iblianinatillia ;.-.0 That Patrick
swift 4w. • , was not the legiti-
lsonnierenfilltiend. kit Was the
IllikitThainas Wit


011 Monday seiiiiiet, thf• Otlici•rs tnßl Bmhrets
of the LOMB or F;nt tun>, Nv. 312, i,fl.-eds.niet
It High-Town, near Birstall, in Yorkshire, purse not
to a divensarion from ilivitard iv.sq.
Provincial Grand Alastcr, attended by a very nurnc-
ro;ts weitiblage of Officers and Brethren front
Wakeilel,l, Halifax, Bradford, Ilaworth, Almond-
bury, Batley, &c. to constitute the Ampkib our Lodze,
No. 401, removed from Storehouse, near Plymouth),
to High-Town. The precession was formed in the.
tollowing order i•

'Two Tykes;
pn.lr stewards twn and two ;
Brethren of the kwisting Laps (mit, of other) two and tern,
Jewriuns hmt ;

MASTER MASONS;
Sz.zretzriri and Treasurer., with thr trdorgirg
Offce4 ;
Smtior and Junior Wirdens, with ditto;
rast-inast+qs, with ditto;
Ali/S/Ct
Janitor ;
Royal Arch M.rdons, Iwo and two;
raciese • •
Band of Knights Templar~, in tho!full 'Dress of the Orif.i,
with''.;anner and Sopportzrs, two and two;
CO;sISTITPTING LODGE k
TO**
Two Stewards;
S.rretary arid Treasurer;
Senior and Junior Wardens, with Llghts ;

St,:wArd.

11E- LODGE,

Coverer! with wl►lk Satin,
SUPP,IRTV n or
Four Mut.•t Ntisons.

I. Steira;l,

Bank of Constitutions, Larrle4 hy the ISlAster of the old -st

Lodge
The Holy Bible, Square, and Cep..pass•-% on .1 c•imsoa velvet
carrier; by a Mater of a Lodge ;
Chaplain
MASTER, with Light, attended by Master Elea ; -
Marshall ;
Fotir St‘,..rar4s. t,,ro and two;
Two Tylers.
The Brethren then itamediately proceeied ter
Birstall church, where a very appropriate a:.d
cz-
celleot discourse was delivered by trother the
M. J. NA Vl)a, B. D. chaplain, from Romans xiv.
16.—" Let not then your good be evil spoke',
—At intervals, during the service, part of the Mes-
siah was sung and performed. The pro:ession,
which was extremely grind, and condhaed with
true Masonic propriety, returned in the same or-e'er
to the Lodge-room, at High-Town, where, at.er
certain ceremonies, according to ancient form, we
remainder of the day was spent with that in.rinony
and sociability, which has markA the sccitty for
ages past. day being tavourale durir g the
time of procesiion to and from church, i. vat con-
course of people assem:ded to wi. .•s tie sccne.

The Lord Lieutenant and gert'emen of
Caithness, have not only pnblicl , reiote ; & attacks
made on Sir Jontt SINCLAIR, ~:t a ch.it;.e of cleno.
pulating his estates in the Highlands, I,,ct have also
acknowledged the obligations they ate under to
him, for introducing a numS-~r of valu:,l le improvs-
ments into that remote part of the kin! dom.

MARRIED.
On Thursday, the 2S th di'. t'opvrearmouth, Wm:
Eyres, of Warrington, • ' s Elizabeth Simpson.
second d ughter of Coat les Simns n. Esq. of that place.
On; Saturday, Mr. J. B. Kendall, of Coleman-street, to
Miss Duiston. of London Wall.
On Saturday, at Sc. Martin's in the Fields, Captain W:..
Tod (4oth regiinent), to Mi.s Dunbar, only ciao htcr of
the late George Dunbar, Esq. of Southampton. row, B.ootna.
bury.
On Saturday, at Mary, le-bane, James John Smith, Esq.
of Mitcham, Surrey, to Miss lianchett, daughter ut Capt.
HancLetf.
DIED.
On Wednesdly, at the house of Lady Richardson, Mor-
timer-street. in the sixth year of her age, the imly daughter
of Captain W. G. Rutherford, R. N.
On Thursday, Mr. Merlin, of the Museum,
street, Ilanuver• square.
On Saturday, John Lord Rivers, a L. rd of his Majesty's
Bed-chamber, Lord Lieutenaia and Comm Rotolorum of
tuts county ut Dorier. Ile is succeeded by his ()my sin
George, now Lott' givers.

P: ince's—

PRICE

y 4411.1
flank Snick IG9 7.
per C!itt Red 64 31
pet C. C.
4 per Cent 160!'
5 per Colt. Ann., 99j 9t
;.e.r Cvit. 971.6.711
lintik L. Ann.. 12
rank Short ritt
fl per Cent. .... 67.:1 21;
Ditto Ann ..