The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-06 00:00:00

DE BEIRENGCII. I:. lINEATIC

The Plaintiff, Baron de Bereuger, and the De.
fentliiiit, Mr. Bendel Smith, were partners in hia-
',Mess, and rented premises from Mr. Graham, the
auctioneer. This action was for an assault com-
mitted by the Defendant, under the billowing tar-
citinstances :-.4m the 31 at of August last, Mr.
Graham called at their counting-house to receive
some arrears of rent due to lion, amounting to t‘il.
Both partners being present, m utual reproaches took
place on account of this money not having been
paid. Mr. Sneath called upon Berenger to pay it,
and the Baron upon this said, you know you a►e
indebted to me iu 4001. and therefore it is you that
should pay it. Many severe expressions ensued—
the Baron said to Siteath, you shall net provoke
me; but upon Sneath calling De Revenger a cow-
ard and a puppy, he said to Saceth, '• After what
you said to Smith the other day, you'll say any
thing, and you are a lying scoundrel." They *tie
then sitting opposite each other at a large writing-
desk ; and Sneath, upon this, snatched up a pew-
ter writing-stand, and threw at Baron De Berea-
ve% head, which struck him on the forehead, and
occasioned him to bleed prafiwely. After this they
rose and pummelled each other, and kept pelting
away till a young man, the shopmaii, cad a female
servant, came and parted them.
From the evidence, it appeared that tie words
" lying scoundrel," or some words to that effect,
had been used by the Plaintiff towards the 1.),!..
readmit, previous to any assault beim: committed.
A Surgeon proved thst the Plaintiff hied O'Neil
an violently cut as to he feverish, and confined hit
three or four weeks.
Verdict for the Plaintiff—damages sir-pewee, and
cats

COURT or coos PLEAS, WUTMINSTILS.

Si/tinge P►iw, heft), c La►d L'Aicf Justice

Ill'6llfi or.gs,_ssq. a Cfrpritia in the Royal Navy

%. the llow: °rigid Joint Lanus.

TIO4 1% Art au hello. td recover se annuity...lt
appece4 that on the zkhl, of Junuary 1791, the

Derratitt, for tie ernoiarration or WA. vittHied
annuity to Nle. apothecary, of g..,ovent.
Goo of JJI. per ant.orn. it was secured by a
trost-rived,.in which Thomas Charles, in Gaither.
stiiiiiria,a‘ua; the Trust. 4' ; Ikon bold the annuity.
utstrie.Viitilitirli and the Orfteinient reftored fraying
Clwitnopher Merchant. grureti the, es:coition of
'tio4tbeed,.fittid paid the Consideration.
, Thy ease.sletterried on e. point r f law, winch his
Lordship saved to be aigned Tenn, vie. wire-
tl. ti.r trust in tite.fttentorial of the deed was suf-
ficiently expressed.
The Jury race a Verdict for the Plaintiff, under
the direction of his Lordship.
OLD BAILEY, :ViONDAY, DEC. 3.

FIFTH DIY.
Patri,:k Mallow was nolicted for fctoniously steal-
lag a enure.
'The otatement of the caw. by Mr. Guns EY, was
such as s!lewilt the tronsio lion to be no f,,lony,
however bad w any other+r..c. The Pris..itier had
purchav-il a one-horse chais. ..r the Pro.ecuto,, for
which he passed him a note, HhivL, ou inquiry,
turned nit to lie worth nruitisg.
The ItLCORDER wits obliged to direct the Jury to
arllU 11 tin' 1-'4-14ouer.
Doric( maitland and Edward Wiriam Ruben!
were indicted for ati.uting furniture to the atrioulit
or 501.

Thai was precisely melt a owe as the. lino. The
Pri,ourr4 had piovore(l the Proget viol.. oho ti an
uphokterer. at Cheshitnt, to furuOt a hone At
Heaton 14 them. under th • mutuail chat-sew'. of
gentleov•n of fortune, suit he did not doeener
mistake till toolate.

The RECOILDT7I6 under this statement, wan in
like milliner. under the neeeNoity of direetiag the
Jury to acquit them, without going into sit.y evi-
dence. They were, hoorcrei, ordered to bis
de-
tained, for the purpose of iiialieting then% rev. a eon.
spiraey to defraud.
•
rOLICR.

sow -s
3Targaret Falb, was yesterday brought to Cee Mr. Rua%
charged with uttering several counterfeit ahicl,t. W n
man in Covent-garden Market. charge -me cle:riy.
made out, and it was also prised that ,the of tL.aunt
notorious offenders. She haw ',Pen conviete :1 four tilling. I.
lkeby, • Ckrk at ike Nee Prison, Cloriseinweill,
mowed, that the Prisoner was convicted at the iimidlesen
titan. us. in June. teen. fin littering counterfeit mosey and
a Punnet ,oliviction being proved, she was sentenced t., tea
years ismisonmeat, sad at the eapirr.:ioe of that I cram to
tind security for her good behaviour fee two yenta. She .vas
at that time tried kg the name of Pew aal:ivalt, sties Mar.
vftret, thew ifs Iferringt?m.
Under al: tinge ciiconistascoi, Mr. RIAD commitrod het
as a emainou utterer. She will, therefore, now, he tried rot
capital puma at.
eviwwar
Thatfitit squadron of the lush dra:,•oons entered .
Truro Ott S:tturday, and were to proceed to Val-
mouth on Sunday, •
diatelx.
regtruesit;

they sod
circumstances, there is little doubt but this tine re•
gisaent i• also destined for Spain.
The John and Thomas merchant vessel,of Work-
ington, from Liverpool, was lost at %I hitch/lieu.
on Tuesdat list, with all her pa ,encni and crew.
Thi BritiSi. Guar,iiaa, we hope, has ishase tun.
to preNrence, for the, el fiance of it. outings. all
the tiaportance of its iateiligenc: ; on n. xt inudely,
beside various articles of eciiiiiiinitaratipesr it will
ordain a letter t.. the Right tioneureiste tiatEsCalt
Pfitc tea L. on a subject, at thit momentous c, a j one.
tore. that interests every individual to the country.
Publisited and sold by B.asiasonr, Glia4 an-01.
fice, A'illier's-strert, Strand.
Dr. Stetrli s Coucert, at Richmond, an Satur-
day night.% as attended by a crowd of all the beady
I and fashion in and about the neighbourhood.—
Long before the performance commenced, the
Ausetubly Room at the Castle was tilled to as
overflow beyond all precedent. The Concert was
excellent, consisting of many of the first performers.
and led by CRANIA. liaaaisoa, BARTI.KMAM,
and Miss PAR*E,. assistekua, the occasion, and
never exerted their great pawers with more happy
street ; Ilannison sang his beautiful song " Gentle
Lyre," and B AZT LEMAN. a new and very sweet
one of Mr. R. Coon's. Miss Paula gave a fa-
vourite Scene of Cimaaosa's with wonderful eflevt ;
and 46 0 deice enAtento," with her own sew varia-
tions, in so brilliant, and. at the same time, so sweet a
style, as to call forth a loud encore ; the variations
are extremely beautiful, and call forth all the
powers of her voice and execution. Dr. timing
played a Concerto on the Piano-Forte; and tea
new glees were exquisitely sung by Ilaaation,
11A R 11.1.118 ?4, Goes, and Miss PARKS.

DiScOllta akteirti-Gli Lottery Shores.--Every
Purchaser of Shares of Tickets, amounting to Five
Pounds and upwards, will be ullowed a Di4eoui.t,
at J. WAISNEe3 Fortunate Office,
where Capital Prizes to a large amount have bavil
recently sold in Sharcs.—The Lottery thaw-
ing next l'uesdry, with superior advantages to any
farmer Scheme, viz. 2 new Prizes of sqo Tickets
each, besides 4of .e 20,000, 1 of .Ct 0,0,), to uf
.e 5,000. Ate. &c. &c.
It dots no-. sT)pear necessary to remind the polo-
lie, that the Lottery begins Drawing in a few days;
because the demand fur Tickets and Shares is such
as to remove all doubt but that the t 9,000 Tickets
will he disposed of previous to the comineucetucut.

Yet there are twiny persons daily arriving from all
party of tie globe. nlio are unupprizsed that such
valuable Chmu•ev eye to be bought as those now
flaaasay ntid Co. therefore, conceive it
to he their duty to continue aerie:llg. the day ll3th
i:.stantriu o ikr that every one ►nay, if they please,
part:clone in the grand event. Tickets and Shares
are selling at 3ti, Corniiiil, and St. blargarrt's
ail:, Borough. by iluthiesst and Co. whu sh:a►ed
arid sold their lust .404000 and this too first of
230,0a41.

• - -
mouth on Sunday, where they:will embark intone-
diateli. The rest will follow daily, till tire wh•
regimes'''. and also the loth, which mrrchcs iu its
rear, shall have arrived at Falmouth and embarked.
General CorroW, who commands this tiu hrigsa•str
passed through Truro on Wednesday evening, for
Falmouth. We are also ausare.i, c:at as %WM as
the trisorports ohich carry them. to Spin s;talt have
returned to Falmouth, the tot and 2d Get Luau sire-
goons will be marched down to Tahoouth, sot: eras-
ioarked- at that port.. Th. Lath► draipossasof.shissis
two creeps are iii Truro ilarraeks, hay. also received
orders to wake returns of the numbs:. of horses
they have lit for service; from which, and other

I

Alt E LAND.
KING'S BENCH, DVI3LIN, Nerreesre el.
ecuEsos V. 1116 coMmlsetoteEes or THE CUSTOMS
•0,10 War.D.
A motion of muck Ittiddie Uttered, which occu-
pied the attrntion of Cdurt fur two successite
days, came or., to she* cause, pursuant to a Knit
of Court, why a Writ 'Of Mandamus should not
issue at the snit of the Hon. Edward Acheson,

against the Commissioners of fliy 31nje3ty's Cus-
toms, and base Weld, Esq. for the purpose of put-
ting Archihalil St. Georgt-, Esq. Barrister at Law,
into possession of the Deputyship of the office of
Customer and Collector of the Pint of Dublin.

The Learued Counsel for the cause stated, that
the office of Customer and Collector aforesaid was
held by Letters l'atent from the Crown during
=tire ; and that, about the year 1795, it had
been xranted in reversion, after the death of the
Earl of Clermont. wito the Earl of Gosford mid his
si.eond son, the Hun. E. Acheson, conjointly and
to the survivor. The Earl of Clermont died in
Octolser. Innti; and. on that event, Mr. Weld,
who had filled the Deputyship of said office for
upwards of 17 years, made u tender of his services
to the new Patentee...-and connuissioned his son to

wait upon the Earl of Cnlon!, who was at that
time in Rath. Mr. Weld, jai. accordingly did so:
and, after a long discussion with the Earl of Gos-
ford, it was agreed between the parties that Mr.
Weld should continua to discharge the duties of the
office as usual, un paying an annual sum to the Pa-
tentee of 1,5001. a year---being an advance of 3001.
a year, above what had been paid ,to the former
Patentee. It was also stated to have been agreed,
that the contract must he an annual one. as the
quarterly receipts fluctuate very much ; and that
either party wishing to change nr break the
agreement, should give six months previous
notice : a fair and equitable condition, which the
Law of itself would allow. The Learned Counsel
stated further, that this advanced rent of 3001. per
ann., at a period when trade was much depressed,
was acceded to by Mr. Weld, under the conviction
that he would be allowed to hold this office, until
souse of those changes which had been recoin mended
to the Legislature by the Huard of Inquiry should
be carried into effect, whereby he hoped to derive
future benefit and advantage.—Pursuant to this
agereinent, one quarter's payment hail been made
to the Patentees, when the Earl of Gosford died.
His son, the surviving Patentee, was then iii
and did not return till the October following or
thereabouts; when it demand was made by tutu, in a
letter, for the arrears which had itoeumulated, pur-
suant to the agieement entered into with I.d.
ford, and which no person, furnished with proper
powers to receive, had applied forin the interim. A
payment of nOul. yeti made on aCCOU II t of these dr-
smut ; but ustliere had been a great defleiener in the
emol ments of the office, from the decline Mr foreign
trade, Mr. Weld appealed by letter to the liberality
and consideration of the Patentee, in order to ob-
tain, if possible, terms more favourable—the rent,
under the existing circumstances, being found
very oppressive. And such un abatement he nut
rea,on toexpect ; because, under circumstances of
puhbe calamity, during the last war, the Earl of
Clermont, the former Patentee, had, with gr eat
literality, consented to a reduction of the annual
emit. Every abatement, however, in this instance,
was obstinately refused bg the present Patentee,
and the' tuna of the agnrement rigorously insisted
an ; whereupon Mr. Weld paid up all arrears, to
the cud of the quarter terminating in January, i sou.
Pursuant to the mine arraugement, he made two
other payments—one for the quarter ending in
April, tin: other for that ending in July, which last
made the seventh qiiatterly payment the Patentee
baitreceived. Almost immediately after the last
payment, an abrupt and peremptory letter of dis-
mead was sent frog the Patentee to Mr. Weld,
without assigning any complaint, or any reason for
displacing without having given any pre-
vious notice: a treittmeut at once harsh and op-
pressive, and such as would hardly be practised t.
wards the humblest menial. 'I lie letter of dis-
missal was immediately laid before the Commis-
sioners of the Cii4onis; who, conceiving it was for
the advantage of the public service not to lose an
Officer of Mr. Weld's acknowledged ability and
long experience, ordered him to continue in the
discharge of the duties of the office as usual, not-
withstanding such letter of dismissal ; and thev re-
fused admittance to Archibald St. George, Pawl.
the newly appointed Dv suty.
The Learned Coo for the cause went eon to
implant the nature Writ of Ainadansirs ; and
cited cases to prove* Am a high prerogat. a IVrit ,
discretional in the Coutrt4 and never granted where
the persons applying for it could have another re-
medy. They might, in this instance, have an imfor-
manna, in nature of a (Pm Wacranto, which was
an inferior writ ; or they might have their action at
Law. It was also a rule. that the party applying
for the Mandamus should, in the legal phrase, (OW
into the Coin with clean hands. It was not the
practice to grant it. if the application were ungra-
cl a, hard, viudietitr, or illiberal ; or if the party
appeared in a haul light ; or if there were a shadow
of doubt as to the right which they chimed. It
was contended the person applying for the writ in
this instance did appear in the most unfavourable
light. That whilst the onerous and difficult duties
of the office were discharged faithfully and ably
by the deputy, Mr. Weld, to the utmost satisfac-
tion both of the Commissioners of the Revenue,
and the public at large—the patentee was a young
man, who enjoyed a perfect sinecure, absent from
the country, and totally unacquainted with the
duties of his office—that in times of public distress
he had rigorously insisted on an enormous rent,
which in fact, arose from • tax upon the trade
of the country, and instead of allowing the
deputy, who had thus effectually served him,
and maintained the consequence and importance
of the office in his absence, to derive bearlit
or obtain any future advantage from the changes
which were meditated in the department,
en the earliest intelligence of such intended
change, he violated his engagement, attempted to
dismiss Mr. Weld, in a most disgraceful and tei-
precedentel manner, and to substitute a person
without any knowledge or experience of the duties
of the office, in his room, merely to let such newly-

appointed person have the benefit and advantage
of those favourable changer and alteratious, to the
total preclusion of au othcer of great ability, who
had served the public faithfully for twenty years.—
The very affidavit on which the application was
fituded, exhibited a flagrant wistatement of facts,
and a gross sup:prevsio erri. It set forth, that
Air. Weld, who uad been deputy to the former
patentee, had merely been left in by sulTeronice,
without daV formal appointment, and that he
had declined to come to a settlement of the ac-
counts •f the protits and emoluments of the said
oilier—whereas, by the very letter of the party ap-
plying, it was manifest that a positive agreement
had been entered into for the discharge of the du-
ties of the office by Mr. Weld, and that agree-
ment was founded not Oa a settlement of account
of profit, but on payment of a specific annual
sum, winch had been paid in full almost up to
the very date of the letter of dismissal—this was a
flagrant mirtatement of facts.—But the last part of
the affidavit did indeed conic to the point, like the
important matter sometimes left for the postscript of
a letter, viz. rhe commutation to be granted to the
officers •n the abolition of fees, pursuant top a
lute Act of Parliament. It was more properly in-
deed a co 1111 l notation of fees into salary—but the
fees were to be the measure of the salary, subject
to the discretion of the Lord Lieutenant. Many of
the feel' and gratuities payable to Mr. Weld, were
conferred on him by the liberal bounty of the mer-
chants since lie came into office, as a reward for
his individual service—they were particularly in-
tended for him alone—they were voluntary ou the
part of the merchants, and were subject to be with-
held—they were not intended for Alm absent sine-
cure officer, nor for a new, unexperiemed, or inef-
ficient deputy—they hail been granted to Mr.
Weld for services founded on long experience.—
If these gratuitous fees then were to be couverted
into a salary, it was most unjust that that salary
should all at once be transferred to a new deputy,
and not to the person fur whom those fees were
intended, at least so long as he was able to dis-
charge the duties of the office. But the object of
appointing a new deputy at this moment, was to
obtain fur him the benefit of that salary which was
to be estimated by and founded upon those iden-
tical fees which had been the voluntary gifts of the
merchants to Mr. Weld. Time intention was ob-
vious, as it was most hard, most illiberal, and there-
fore the Court was moved not to allow the same.

Chi the opposite side, the Learned Counsel
against the cause, contended, that most of what
had been said was matter applicable to a return on
a writ of Mandamus, after it had been issued, and
was not a minim why it should not be issued. The
writ was one of inquiry, and the Defendants might
make a return to it if they were able, to satisfy the
Court hereafter. It was argued, that io this case
adinformation, in nature of a yuuroarranto, was not
uppliculde to the remedy sought for, nor could any
remedy he obtained but through a writ of Manda-
mus. As to the eentract•set up by the Defendants,
its validity must lie very questionable, because the
patentees themselves only held the office during the
pleasure of the Crown. Under what colour then
could they enter into a contract with a deputy for
the annual discharge of it; or engage to give•si>
mouths notice, when they were liable themselves to
be displaced without any warning. But it w
nevertheless admitted. that a contract for the pay-
ment of an annual suns out of the office had been
entered into.

The Court adjourned the farther hearing to a
third day, Saturday, the 28th November; hut on
the Counsel against the cause rising to speak, the
Cower said, they were sufficiently satisfied, and
were ready to give judgment.
The Cou RT observed, that strong arguments had
been used on both sides; but oil exa 11111 l ing into
various eases cited, and into the practice of the
last forty years, relative to Mandamus cases, it was
impossible to find any positive rule on the seriliject.
That Lord Mansfield, great as his abilities were,
■nd great as his experience in Mandamus cases was,
had never been able to define when the writ should
or should not be issued. That in this particular
case it did nut appear to them that a floss ?Tarrant°
writ would answer the purpose of the Prosecutor,
whose object was prospective as well as retrospec-
tive. That the Court saw no other way in which
their claim could be satisfactorily and fairly inves-
tigated by the help of a writ of Mandamus. That
Ote writ now about to be issued was not peremptory,
and would leave the Defendants an opportunity of
looking a return thereto ; after winch, if there
should be any doubt as to the right of either party,
issue might be kneed, and the question lie left for
the decision of a jury, and that Mr. Weld would
have the benefit of this mode of trial.
They therefore unanimously concurred in disal-
lowing the cause.

EDINBURGH, Nov. 18.

COURT OF SESSION.

On Monday en application was made to the Lord
Ordinary, by bill of suspension, in name of certain
persons, sty hug themselves Office Bearers of the
Canougate IEII-winning Lodge, holding of the
Grand lodge of Scotland, against certain other
persons, calling themselves the Office Bearer. of
the same Lodge, but who had withdrawn them-
selves hoin the Grand Lodge, praying for en in-
terdwt against them, to prevent them from meet-
ing as • lodge to celebrate the approaching festival
of St. Andrew. Upon hearing Counsel, the Lord
Ordinary took the cause to report, and on Tuesday
morning it was accordingly reported to the Judges
of the first division of the Court.
The application proceeded upon en Act of Par-
liament passed in the year 1797, entitled, An Act
for preventinkSeditioas Meetings; but an objec-
tion having been stated by the Respondents to this
libel of the suspenders, the Court, upon hearing
Counsel, were unanimously of opinion, that the ap-
plication for as interdict should be refused, and the
bill to be warred in common form.

Counsel for the Suspenders, Joule Cteas and
JOHN GaLEastit ELM, Eaqrs.; for the Respondents,
JOHN 111711 NET and JAMES II ARRoWalt, Emirs.
This is ft tine of considerable interest to the
Freemasons of Scotland. Two other bills of sus-
pension were at the snese time presented against
th.• St. David's and St. Andrew's Lodges, but the
proredure in these will be regulated by that against
the Canougate Kilwilliug.

NAVAL IITELLIGENCE.

PORTIMOUTR, WC. 4.

Sailed the Alfred. to the Westward ; lliagdore,
for the West Indies; and the Goshawk. with se-
Ireral vessels, to join the Camilla, and convoy, for
the Mediterranean, in Yarmouth floods; the Dex-
terous is appointed Convo% for Plymouth ; Escort,
for• Guernsey ; and the i'elter, for the Downs.—
Wind N.E.

PLYMOUTH, DEC 3.

Came in the Patriot, Ford, from Liaboti ; and
the Elisabeth, Detishaw, from Malta, for Liver-
pool, last from Falmouth..
Sailed the Revenge, Stalin:. Rediaok, and
L'Aigk, on a cruise.—Winal N.W.

FALMOUTH, DEC. 2.

Arrived the Amazon frigate; King George cut-
ter; and the Resolution transport, Barber, frotu
the coast of France.

Put back the ship New Zealand, Elder, for the
South Seas.—Wind W.

SCILLY, NOY. 48.

'No arrivals or Railings since my last. Picked up
at sea, by a pilot-boat, a new boat of a very new
construction, built of plank only, without floors or
timbers : on the stern of this boat is marked Betsey,
of London, Joshua T. Wedge.

DEAL, DEC. 4.

Arrived owl sailed for the river, the AlelviN,
Roach, from Rio Janeiro, in 34 days ; and the Al-
bion, Randall, from Mogadore, with the loss of an
anchor and cable.
Sailed His Majesty's trigs Furious and Flamer,
with the outward-bound, titc. under convoy, for
Portsmouth.
Arrived His Majesty's ship Iphigenia from Que-
bec, and remains in the Downs with the rest of His
Majtsity's ships, A:c. as per last.—Wind N.%V.