The British Press; or, Morning Literary Advertiser.
London, England, 1807-03-04 00:00:00

Spacial
stator against
SEDUC noN.
This was an allian brought to recover damages
for the sadialion of the Plaintiff's daughter.
lrometrutely after the Jory were sworn, the
Counsel for the parties consulted t )gethet' and it
wts agreed that a verdia should be entered for the
Pleintiff, w ith 5,0001 darn iges, subject to the award
of James Losh, Esq. of Newcastle.

TIIE OPERA BOX.

"OPIUM ..J. Mitt.. 511 q. inesirs.

Mr. PARKS stated, that the Defendant was Jo-
uathan Miles, E.q. one of the Sheriffs of Middlesex
tad London, and the aßioo was brought againft
him to recover the sum of £lOl. the amount of a
Bill of Exchange. The consideration of the Bill in
Tiesti.,n was an Opera. box. The Plaintiff had ad-
vertised it, and Mr. Miles became the purchaser.
Two witnesses proved the hand-writing of Mr.
Miles, the acceptor of the bill, and also of Mr.
Jordan Hookham, the drawer, who, it appeared,
was a bookseller in Bond-street, and agent for per-
sons who had Opera-boxes to dispose of.
Mr. GARIOW, for the Defendant, contended,
that his Client thougl.t he was purchasing a box on
the second tier, on the Prince's side; whereas, this
lith on the fourth tier, on the opposite side, and
el situate that it did not command a view of the
s ar.
Master Miles, the Defendant's son, deposed,
that Mr. Hookiians had detzribed the box as on the
secor.d der, als-nat five from tile stage, on the Prince's
and as the best box in the house. He went to
the Opera, with his father, sister, and Miss Senior.
The box was at the lop of the house, opposite the
one tray were to have had, and a good way from
tb3 stage; it was nfar 11;3 corner, on the 4th tier.
Nis ta:her was to have ha.l the box to himself, but
t :ere were a number of pe yle in it.
Mis; Set CVMPOCet nis t:i the same effelt. She
added, that it was impossible to see any thing ispon
the stage. owi •g t.l Instre befote the btrx. 'she
c,.uld neither see nor hear, or be conveniently seen.
Upon her cross-examination, by Mr. Pa 'Kt, she,
though with reluetance, admitted, that she lived in
Mr. Milm's house, was called by his name, and that
Mrs. Miles did nit live with her husband.
Miss Miles was examined to the same efFeft. _

Mr. Hookham plovtd, that tile situatiun of the
lox was delineated on a plan, to whickthe Defend-
eat coulJ have had access.
_ _ _

Mr. Segain, Clerk of the Opera House, corro-
borated his testimony, and farther proved, that if
the Defendant had thought proper, be could not
only have seen the plan, but might have viewed the
boa while he was treating for the purchase of it.
Lord F.ttasisoaoussu observed, it was evident,
that there was but one boa at the Opera House
numbered 106, and consequently, unless there had
beta some deception pradiwd upon the Deleniant,
he was bannd to fulfil his cunuaa. Verdtd fc.r the
Militia; 2101.

MARCH 3.
SWATH& aid to. D. NASH and C 3.

This was an atlion brought to recover damages
from the D. fendsnts, who are hop-brokers. The
Defenda• ts had, in 1804., sold tot the Plaintiffs a
quantity of hops, by sample, with which bulk
was found, on examination, to cQrtespond. The
hops, however, remained in a warehouse for near
nine months; after the PLaintiffs had examined
them, and paid for them, at the rate of 9:ts. per
awl. At the expiration of this period of time, the
Pl anffs found the hops considerably damaged,
winch they contended was owing to the improper
manner is wekich they had been dried, commonly
termed slack-Aryiv, and accordingly demanded the
restitution of the purchase-money, which being
refused. the Plaintiffs bad brought the present
*aim, for the damages since sustained by the hops,
owing to a concealed defea, at the time of the sale.
Witnesses were examined, who proved that if
inch a defea existed, it could never be known to
the faaor, who only received them on commission,
and frequently never saw them till they were sold.
Lord EL Lasioaouon observed, that such a
mode of keeping open a perpetual Warranty was ex-
tremely unreasonable ; and, except fraud could be
proved, it wiuld be extremely prejudicial to the
e mracrcial interests of this country, that such an
syplication should meet with any er.couragement.
The Plaintiffs were nearitired.
PERJURY.
Tilt ZING v. MILLS._

`,,

Mr. G saeow observed, that the Prisoner stood
indiined tor one of the most egregious mi.de-
xneanours in the eye of the law. and the most aggra-
vated in the attendant circumstances. lie had been,
in the year 1791. subpsnaed on a trial in this Corot.
Price o. Mitchell, to identify the person of Mitchell,
who was considerably indebted to the Plaintiff
Price, which debt. he was initru.lled to say, never
yet had been recovered. and had been the means of
plunging the unfortunate Plaintiff into a loathsome
prison for several years. 'fhe Prisoner, though per-
felt', acquainted with the Defendant, had on the
trial absolutely denird he .new any thing of him,
though pointed out in Court; and laying his hand
on another person who stood near him, of the name
of Craig, sworeln was the Defendant M.tchel! ; the
cuaseq.sence was. the Plaintiff was nonsuited, and
soon after thrown into prison. Thus did this wicked
man circa the ruin of an industrious worthy citizen.
But not satisfied here, he, on lea►ing the box, ex-
claimed, " D--n them, 1 have done it well for
them ; what more could they wish P' (in several
other occasions, he boasted of his infamous perjury,
and even confessed, he bad been well paid for his
trouble. Such conduit was too humiliating to hu-
man nature not to excite utter abhorrence and dis-
gust, and too dangerous to the public security, not
to appear one of the first in the list of crimes that
called loudest for punishment.
Several Witnesses were examined, and the fails
•truly proved.
Lord ILIA-ea so aounc having understood this
the Prisoner had no Counsel, thought it his duty to
;„,pezt the jedtameni, which was found to contain
ars allegation which was not supported by the evi-
erne, ; he was therefore compelled to discharge the
Prisoner, remarking at the same time, that it was a
very u.shappy circumstance such a culprit should

-IrY:.Q

,Tr

be let boss on the public, without meeting the
'uni,hmeet his detestable crime so justly mented.
0 a It LLY end OTHERS V. IIutaCINTON and °THEM

The Plaintiffs in this case were the Assignees of
Wilson Itnd Co. Banketyltse who had consigned to
the Defendants. at the eve, a cargo on commis-
sion. which they sold to the best advantage, and
remitted the nett produce in a bill of exchange,
drains by a Mr. Lodge. on the house of Cox and
Greenwood, for 6001. The drawer was Paymaster
of a Regiment at the Cape, and being then a little
embarrassed, his draft was not accepted, nor when
produced for payment was it discharged. The De-
fendants had indorsed the bill to the Bankrupts, in
order trimake it payable to them in England t but
had only its►-teed the usual commission of 5 per
cent. and hatf never warranted the payment, either
letter. or verbal communisation with any per-
son concerned with the Bankrupts.
It appeared to his Lordship and the Jury, that
the Defendants having only ailed as agents,
and receiving a small commission for their trouble,
bad, to the beet of their judgment, provided and
transmitted the fittest and safest bill they could pro-
cure. and having, in every instance, faithfully ful-
filled their trust, they were not, therefore, liable;
since their indorsement was only a matter of con-
venience to the bankrupts, for whom they had all
along ailed as mere agents.
Verdi& for Defendants.

POLICE.

M A 111.110t011all-STRZET.
FRAUD.

A man of the name of Perry was yesterday
charged, by various tradesmen, with obtaining goods
by false pretences. The Prisoner is the same person
who lately represented himself a postman; and, as
such. obtained a considerable sum in Chistmas
boxes, in the neighbourhood of Russell square.
Since that time, it appears, he has passed hinr.elf s,ff
as a servant, in several families of distinCiinn, in
which charaner he is charged with having defraud-
ed several tradespeople. On Saturday last he was
deteeted by a tallow-chandler in Oxford- t t.
The Prisoner then saes', he was'the servant of Lady
Chambers. and obtained a quantity o: was mid:es ;
but the tradesman had some suspicion, and
lowed the Prisoners until he had p sssed the house of
her Ladyship, when be was taken into custody.
The Prisoner was remands d.

OXFORD, Fan. 28.

Monday last, Mt. Robert William Hay, and
Cholmeley Deering, Esq. of Christ Church, were
admitted Bachelor of Arts.

Thursdiy, Mr. Peter Wood. of Orial College,
was admitted Bachelor of Arts.

The Rev. Mr. Edmonston is presented to ihe
Living of Pottern by the resignation of the
Rev. Mr. Chancellor Douglas.

The Rev. Dr. Holland is presented, by the Lord
Chancellor, to the Reftory of Beaudesert, and the
key. Hugh Carleton, by the Marquis of Hertford,
to the Redory of Arrow, both void by the death of
the Rev. William iVindsor Fitzthotaau

NAVAL INTELLNENCL

rumrsuovii. MARC.. 2.

Arrived the ninhcr transport ; Rowe ; and
Shadforth ; wiat twn or three others, that
lelt the Downs in the late gales. and wire bl
past this port. The East and West India Convoys
still remain.—Wind N. K.
!FALMOUTH I[11111:41t Y 28.

Arrived the Chi/fins, from Portsmouth. with a
fleet of vessels under convoy, bound to Gibraltar,
Portugal, &c. Also the brig Swallow, Ciptain Al-
len, with the loss of topmasts. from Poole, bound to
Oporto.—Wind N.

DIAL. MARCH. 2.

Yesterday Vice Admiral Holloway struck his
Ilsg nn board the Pr's/tress of °rave" in the Dowus,
where the ships remain as per last.

DOTER, MARCH 2

A French row-brat privateer, captured a brig
last night, between 9 and 10 o'clock, so close into
our Bay, that the voices en board ihe vessels were
distinaly h ard by some fishermen on the beach.
Several musket shots passed, some of which came
on shore, and the privateer carried off his prize.
At the same time, a smuggling vessel was driven
on shore by the Htr:er gun•brig near Dungeness,
and immediately taken possession of by the Cus-
tom-house people stationed there, and this
morning brought into the harbour. She is now
unloading. and is said to have bags of tobacco,
kegs of spirits, &c. to the amount of 1,400 parcels.
She appears to be quire a new vessel. It is greatly
to be lamented, that there is not more attention paid
by our cruisers to the enemy's privat:ers, as the in-
jury our trade sustains by them is very great. The
privateer whirl captared the last brig, which wrs
re-eaptured a'd sent in here, it is said. had, in the
course of a few days, taken ten vessels, severs of
which she carried clear off. Four fine East Coun.
try ships, with very valuable cargoes, are said to
have been carried into Flushing within this fort-night.
Phis morning sailed the brig Mary.

Remark .ifo iostameo of Britn Couraet and Porto.
roma( resuor,:al —On the 30th of May, 1(195, as
one WILLIAM Tao arson, master of a fishing boat
belonging to l'ooie, in Dorsetsh.re. was fishing near
the island of Purbeck, with only one man and a boy.
he perceived a privateer of Cherbourg bearing down
upon him. lie was so far from avoiding the ene.
my. that he prepared to defend himself in the best
possible way. v ith two little guns he had mounted.
and some small arms. With this inconsiderable
force. he behaved himself with such success, that in
a little time be wounded the Captain and Lieutenant,
and six men,which so discouraged the rest. that they
bore away. But then, in his turn, 1 sour:on gave
chase to the privateer, Eed upon her for two hours,
and. at length, made ber strike, beg for quarter,
and surrender. THOMPION, thus vidorious, took
the sloop, with 14 prisoners, (of whom the Cap.
tail was one); having left two at Cork Castle, he
carried his prise iato Poole Harbour. This priva-
teer had two pattarcroes. several small arms, grena.
does, and 16 men. For this galbust exploit, the
Lords of the Admiralty gave fnoursow a gold
chain and medal, of the value 4 fifty pounds. and
ako made him a present of the vessel he had ta-
ken.

t ;

F1:031 LAST GdZETTE.
dilatirak.rOiee. Marsh 9. #BO7.
Copy of a Letter from. ate flight Honourable Lord Gardner,
Admiral of the White, &e to William Mambo, E.g.;
dated at Cork, February tn, 11107.
Sra—l beg you vrjll be pleased to lay before
their Loralshipa the inclosed Copy of a Letter from
Captain Maling, of the Diana. giving aft Account
of the Capture, by that Ship, on the 18th instant, of
the French Ship Privateer La Charlotte, of St. Ma-
kes, pierced for twenty guns. but only fourteen
mounted, and having a complement of One Hun-
dred and Eighteen Men.
I understand from the Officer who delivered to
me Captain Maling's Letter, that the above Priva-
teer twas fallen in with by the Diana, about 20
leagues S. W. of Scilly.
I have the Honour to be, dm

GAIIOI4III.
Ilia Majesty% Sbip Diana, rar Cork
Ilarhour, Feb. 25, 1 SU7.

MY LOM"-By following the track pointed out
by your Lordship as the most likely to find the
enemy's cruisers on, I have the satisfadlion to ac-
quaint you, that the frigate I command fell in with
and captured, on the 18th instant, the French Pri-
vateer ship La Charlotte, who being deceived by
the sail we were under, bore clown nearly within
gun-shot of us before she discovered her mistake, it
was then too late to esc tpe ; after a doubtful chase
during five hours, the gale freshened. and we out-
carried her. She is pierced for twenty guns, has
only fourteen mounted, was commanded by Moils.
(41 limper, Lieutenant de Vaisseau, and had a com-
plement of one hundred and eighteen meat, fitted
out at St. Maloes, but last from Nantes, out twenty
days ; and though formerly succeuful, has only
captured a Swedish barque and ship, and re-cap-
tured a Chasse Maree, prize to a Jersey privateer,
since her last leaving port. I rejoice at having
made this capture, the more as we probably have
saved three valuable Liverpool ships we met with
the next day.—l have the Honour to be, fce.
T. J. MALMO.
Arini„ral Lord Gardner, See. &e. ke.

MILITARY PROMOTIONS.
IVar.(l(;tce, Mirth 3, 1807.
11th Regiment of Yost—Lieutenant.General Sir Charles As-
gill, girt. f•nm the With Flirt, to be Colonel, race Fits-
pattick, removed to the 47th Foot.
47th Dato.—(;ener.ll the Right Hon. Richard Fits.mtfick,
from the 1 I Foot, to be Coicesel, vice Cesseral
deer se d.
85th Ditro—Livitenant-General Themes Slaughter Stemoix,
iron the 97th Fo. t, n, be Colonel, vice Su Charles Asgill,
removed to the nth Folt
97th Ditte.—Major-General Thema, CifOilrellef, free the
Half•pay of the late 7th West ludic Regima•nt, to be Cu-
load, vice Sunlit, removed to the 85th Foot.
GARRISON.
General Samuel Ilene to he Lieutenant-Governor of the
Royal Ilespitel at enclose, vice Gemmel William Dalrym-
ple, deceased.

Iniirrhall, Mir h 2, 1907.
The 1.7;n; has been ylrasen to appoint Edward Early EA to
be A COM tin.stoncr of Inc Customs in Scotland.
WIRTH WALES SPRING CIRCUIT, 1507.
Hagh I.:reester, Eaci --Thomas (ginner. Esq.
l'hotarlay, March 29, at Scannas, is.
Ca n.•%aish•re..-Wedsiesday, Aprl 1, at Camaratro.
91,rianittlishire—.Tuesday, Aril 7, at 11.4 a.

, LAW INTELLIGENC)L
Mrr or [IMO'S BESCH, WAITSINSUI, MAUI
Loa E4.1.11/11101LOUOM and SPlCiti Jury. %I
'RI I *riT aAvAinal a‘tiTtl win 01

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