The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-17 00:00:00

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P1.:7771U GALLERY.
rin. vii.
Combined Ftrets of France and Spoi4
astuni.bing both Hrtet;spiterts by their valour. By
Admirals Vt t EriroVe and GaAvtNA, R. A.
Inrture on the sea is out of breath,
.And I interea'Oy. I-I.vt our General
Been what ire knew himself, it had .zone Swell :
0 he Ira. gis'a for our Aiwa,
gross!!‘, lry his men."
AnTnnmar and Cute, AAAAA Act. M. Sr. IX
Rosa? ANTE% flight from Egypt, and escape
f,cto Lord NEI son, appear to have suggested the
de,,gn of this pi/lure. Tue Commanders are drawn
supplicating the winds, a, the natural allies of a re-
volutionary government, to aid their escape. The
cunntenances of the crews are finely expressive of
fcsr, horror, and consternation. The artists, for
t4is a peers to be a joint work, have crouded all
tieir ras:es,, and the eolaors Asejtlying. The figures
VAnt warmth And animation ; but they are strongly
contrasted with a distant viinv of Lord NELSON'S
get, which, in spirit, vigour, and brilliancy of ex-
ecution, ranks as a ihrf treamre in the art.
Ntw 36.—PiPieet and hi, Brothers in the Covtle or the
Maier Berrv,Master BROWN,Master
OSCAR BYRNE, and several other Young Roseii,
R. A.

The Castle of the Ogre is very defeCtive in archi.
travel design, as it resembles a modern theatre
n:,re than an old Gothic struCture. The features
7.3 cspres-ion of the Ogre remind us of Mr.
I:tan r, in King John; and little Psuret is a most
riing likeness of Master BeTTY. The latter is in
'he act of defeating the designs of the Ogro, and
tarrying off all hii little brothers in triumph. Poucet
is drawn in a very honoring attitude, but there is no
tirmonn the colouring of the figures. The sr-envy
is borrowed from that of Covent-Garden iheatre.
No. 37.—Portraie of thr Emperor of Me French and
King of /tilt. By NAPOLEON BONAPARTE. R.A.
This artist is from Corsica; a country not very
favourable to the cultivrion of the fine arts. roc.
seising no originality, he plumes himself only as a
copyist of the great masters of the old schools.
CII•RLVIAO29I. MACHIA•ZLIJ. and JULIOCZOA P.O
ROWAN°. are his favourite mode's. The present
portrait is very defe,sive in design and colonsinc'.
The figure is diminutive, and totally desti
tote of dignity and grandmr. It is a mete
deui, full of meretricious glare and tawdry ern-
brllishmmt. The palnting has mere of Cie man-
na and expression of St.eho Pll'llo assuming
elacroiaq of Government in B trataria, air the
.7eupie
of Mr. Collins person eing the Thke !'.franca in lie
Ha4ru AV.o, than an Emperor of France.. Poste-
tity will scarcely credit the enormous price which
Europe has pei:l for this miserable piCture.
No. 39. Po trait of Co:itta. By A. T—tt—r,
It. A.

•• wh A rile Parasite% aLtiaaietil toque
" Shall tax Gabes'/ Rams wigs imistoy
Fat. loanntswr.
Cditia is drawn in the aft of tearing the fatal
ie:ter ; or, in the lenguagi of the Teeth Repart,
Je-
str7ying Touchers of her illicit comnsarce. The
ft;ttie is maser/int, and the features are said to re
lemble those of Nfr. Trotter. lam Paymaster of the
Navy. Th' Artist has fallen into another glaring
error. as he has placed the g alma gay LetAario in a
corner, boastin..; the I. :Atria** tastes stdspetuyoy,"
which he enjoyed. A certain broker in the City is
said to have 'at for 1. Mari,. There is uo s?finess
or deicary in the eolnurinz of the h-als. They re-
semble bron:e, much more than the produCtion of
the pencil.

Among the irrivals st'liiihorripiti are
The Margot. w Elr, Earl 9( Ds'Metal Right Ns r. 11,,1 of
Mix lasrotigls, Lu ci Ovate Careii-leih, Darterrinust, Lnrd
(I .g;.l •, sit M-irst.igoe, 1.(10 D ilea% Li i 1,4 -
Inwien, Lor I Ari...more, the Siihoi, M ,tit, her Graiie tliwt
Duchriai kiiiceteligh, Right 1100 the Ciu•ittes rd !Wow,
Right lion Litl 11. r rimirl, Lab, G,4C13 11.444, Sr Cr; Ste--
"dr Sir F.!, .1•14 Mows KLiket_Sir 8,14 Liar Ausils.tt,
Si, J. Montpuners. Si; .loon Sir J
fee Miire.lith. Sir E. C. LA,. C and three, Mi.ita Got-
den, Sr Soh., rstrong, lion 4.1.4.er Horne, H wt. \ frt.
Wan, Rem. Mr M ,wen, Rev T Rev. Mr. liewle,
Per. C. TOW 14 i / ;en Soh', iiikoff,Geetiiral Hodgson,
HewAitl, Col Rare, C.il 04, Cr.l Rreltine, Col. Hot, ~in
100. Col. K M. Witco, Col Sisson, Oil and Mr Msc•
Pesc'tv, Cd. Wainosan, Cnl Mr. %/cc• and Nti
Hantibrn. C, t. Bury, 11. n Col Mow.,. 0.0 Col. Mxhel!,
Lie it. Cul. Liar, Logo'. Cot Ml. arld M.st Raw-u. N 1.04
Nsviiir, Maior Wirt. M Mtn Capt.
Fe•tt Gaartis C.pt. Rnrt.nt, Cy.. UniVit :t, Calltatil
Thnicher,_Ca.it 1.1..0tr, K. N.; Mr. Grattan, M r'. ; Mn.
and two Misiies
His Royal Duke At SPAT of Saxe-
Tei.clwn, now at Vienna, has advertised, in all the
Continental Papers, that being persecuted with lite-
rary communications from ahrnad, he will send
back to the writer every letter or conimunii atioti
addressed to him in future without his previous
consent.
The Rev. J. Vete, 11. D. and Fell. o.v of Exeter
CollPge, Osford, has been presented by that society
to the valn4ble living of Wootton, Isiorthampton.
shire. 11w Rev. J. Lea Hair: has protested
against the pr,sentation, and entered a CAVeAt, al-
leging, that as Mr. Vva held A small living which
he had not legally resigned previous to the death of
br 1111tRY, the lest incumbent, and AS the prism%
who give the living to the College expressly men•
limed that it slinuld he given to a fellow who had
no preterm:nt whiteeer, he was fully entitled to the
present-6(m. The tuatw will come bcture the
Court 01 Chancery.

t
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LA rr INTELL.RigNCE. •
COURT OF RING'S BENCH. (ittILDHALT.,Jetv 16.
Saliva at ?Vizi Prim: before Lard Lt. aen enWOChli.
ROBLltTsota V. SMITNIES anal HINCHeI
This was an adion brought by the Umd e-eriter,
upon a policy of insurance, to recover back the
amount of the policy, against the assurers.
The Defendant, Joseph Smithies, had pleaded in
abatement, and the issue to be tried, was, whether
the Defendants were in partnership with a third
person, namely, W. Smithies, or not ?
The &Ism troe-Ortv tea a, in opening the case
on the part of the Plaintiff, said, that in any ob-
servations he should make, he did not mean to at-
tach any thing to the charader of the Defendant,
Mr. Hinchcliff— hut, in speaking of the other De-
fendant, he should prefer leaving it to the Jury to
give him that appellation which he so well deserved.
fhe Defendants were considerable merchants, resid-
ing at Leeds, in Yorkshire ; and had been in the
habit of freighting several ships, for various parts
of the world ; and, among others, they sent a
quantity of goods, on board the Neptamas; for Lu-
bec ; a part of which cargo had been damaged upon
the voyage. When the Defendant, Smithies, came
to claim a proportion on the policy, from the
Plaintiff, the latter, knowing that the lot mer's son
(William Smithies) had gone out supercargo on
hoard the Neptimus—and some degree of suspicion
attaching upon the damage said to be sustained, de-
sired him to make e .quiry—the result of which was,
that he discovered another policy had been effected
upon the same goods, to the same amount In con.
sequence of this, a notice was posted up at Lloyd's, '
requesting a meet;np, of all such persons as shoul I
be conce, red in this transAdion. Such meeting ac-
cordingly took place, and no less than ten Under-
writers attended, each staring at the other, and
wondering what he had to do with the matter.
short, it came out that the Defendant Smithies had
effeded ten policies upon these identical goods, eat*
to the full amount of the valve of the whole, which
Was about 2,0001. ; so that upon this transadion he
must have gained a sum of 1.4,0e01 u;•on Etat pact
of the goods wnich had been so damaged Asti
thus this villain (as he thought, front what he
had stated, he might call the Defendant) had en-
deavoured to pick the pockets of i:lnncent persons.
Coinmissions of Bankruptcy had since F. _a 'sated
against all three, and he understood the Plaintiff
Was now to be turned ronn..l by the Defendant,
who asserted that William Smi•hies WAS a partner
in the transadion, and should have been made a
party in the affirm; but his answer to this was, that
although they might have been partners in soma
tranwetions, yet this was a separate and distind mat-
ter. William Smithies was gone to Italy. and, had
he been even made a party, the Plaintiff could,not
derive any advantage therefrom.
Mr. Pane appeared as Counsel for the Defend.
Ant Hiehchtlf.
The debt being admitted g
Mr. JLItYI., for the Defeniant, Smithies, oh
served. that his learned friend, in his outset, bait
declined giving his unfortunate client any name
hut, in th..: warmth of his statement, and is the true
spirit of a naturalist, in adverting to a matter vihnlly
irrelevant to the question befete the Jury, had. et
last given this nondescript the appellation of a villein
and a pick-socket. Tne fad, as he sncrell prove
from it, however, was, that Mr. Smithies was a
partner of the Defendants, and he would shew, upon
the l'iaintiS's own affidavit, that he knew they were
partners. With resped to this being a distina •
tranaanion, ie. referrin ' to the dates and sums, it
would b • found that this was the very sum with in-
terest, for which the present idion was brought,
and which the Plaiatiff had claimed uader the Cum.
mission of Bankruptcy .
Mr. Thomas fl .11, one of the Underwriters in
support of the Plainoir's Case, stated, that he went,
accom*anied by Mr. Dann, the Pk solicitor,
sad another gentleman, to the lock-ap house, where
the Defendant, Joseph Smith es. was co ti. for
the purpose of aseertaining wh -ther William Smithies
was a partner or not ; when the Defendant declared
he was not a partner.
Mr. Dann also stared, that he 114 d two interviews
with the Defendant Smithies ; but could not colieet
from the cenversation whether Wuhan Smithies
Was or was not .1 pie trier.
'Ms affidavits of the Plaintiff, made in the Com-
missions of Bankruptcy betore a Master in Chan-
cery, acre produ e.l, from which it appeared. that
he had sworn the vomits three were partners in the
concern.
Lord ELLEollloeUitntlt observe) to the Jury, that
the issue to be trie.t was, whether William Smithies
Was or was not a pat trier. Being a plea in Abate-
ment, it lay upon the Defendant to prove the fad of
the partnership. On the ose hand, there was the
positive assertion of the Defmdant himself, :ins!, on
the other. the affidavit the ty was m tee upon
belief nely. Leaving both these out of the qnes-
tion, there was no evidence whatever on the pale of
the Defendant to support his plea in abatement.
The Jury therefore towed a verdict for the Plain-
tii f. the amount of damages so be 4,cortained by re-
ference.

LINDLIV and OTHEitii D. wOOO, esq.
This was an attion brought by the Owners and
Proprietors of the Privateer called the Aglaia:,
agaiot the Captain and Conroander of tats
Oily's sloop of wia the .frorra, for recovery of a
portion of prise money diftd yto which this
sh+p was entitled.
'role Soaaciroa-'.; cal •t. for the Plaintiff stated
that this Aaiun was btought not for the purpose of
casting :my particular blame upon the galls it officer
wbu cointnanckd the elmite, but with a view to dm-
' countenance such pradires in future, and to insure a
mere arid obedience to the laws of this country.
Br admitted the wility of the impress service, but
the necessity of bringing this artion Its an example
to °trims. The Plaiiitifs were the Proprietors of
several privateers, and the Defendant was the Corn.
nundet of His Isllesty's ship of war, the aleasra•
In the month ' ay. 1803. the Regrdnr. having
His Majesty's letters of marque ou bum d, tailed on
a cruise, and joined another privateer, called the
Ajax. In the course of dm" voyagethey tell in with
and captured a French vessel. called the livn Ate:lard,
and soon after they came up with the crcasta, when
thr Defendant sent his First Lieutenant oa hoard the
Regaist, and impressed its of his men. The Com.
in/144g of the Acemial produce:4 Lis ptutediou

• . .;
from the t rad cf Admiralty, notwithctandtng
which, the Defendatii p"tsi.ted iw detrining four of
the men, hitt sent back the other two. In conic-

.
gitence of this sinpressinnst, the owners of those
privateets lost a portion of their prize-money,
Amounting to 1581. and a Isounty of 141. 9s. 4d.
whi:h they would otherwise have been entitled to,
under the Ait of P,ol,Arneos.

'these fofts being proved;
Mr. G A stow, on the part of the Defendant, ob-
served, that, according to the supt:lotions of the
Aa of PArli trnent. the owners were bound to have

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seventy hen]: at Vie least oil board ; wherees, it ap-
peered in eviiience, that at that time there were not
above sixty-two bends on ',nerd : he, therefore,
contended, that inasmuch as the protvaiun from the
Board of Admiralty must be true in every particu-
lar, it was void in this ; the number of hands ou
board not completing the necessary quantity. Upon
investigetion, howe•-u., it appeared, that the Aft
of Parliament, on which the Learned Counsel re-
lied, was only to be in force during the continuance
of the last war, and had ceased since that period ;

from which time His Majesty's authority to grant
letters of marque hid been fully recognisod without

these restri3in-ns.

The Defendant called no witnesses.
Lord ELLEN sottoucis, in summing up the evi-
dence to the Jury, ohserved, that the impress had
been made in violation of the law, and consequently
the Plaintiffs were entitled to full compensation, for
the loss which they hut sustained. There was not
any thing, however, in the evidence to affe& the
cliaratter of the gallant Officer ; hut he agreel with
the Learned Counsel for the Plaintiff, that it was
essentially necessary, the tenor of these protc&iors
from the Admiralty should be general i understood.
The Jury. after a s!inrt co.isuli.ation, brought in
a veldi& of 1741. 9*. 41. for the Plaintiff.