The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-11 00:00:00

kaktrie.

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WILLIAM MUTE AID THOMAS OLIVER.
The battle between throe heroes took pis**
yesterday, and never was there a pugilistic combat
be pliantly maintained, and comprehending 103
moony changes, as the present one. Oliver had
fought himself isir to pugilistic eminence, although
defeated by Career. Neale, from the Bristol
nursery, bud never before fought • pi.ched battle,
but he was highly spoken of, and In this instance
he,►ealised all the expectations of his hackers. A
spacious ring was first formed in Bulstrode Park,
Buck's, oil ■ beautiful eminence, but the Magi,.
trate", interfered; and the crindcarle, which lined six
miles of grosi,,d, hurried oft to Mill End, over •
rough road of many miles. Here the bottle was
fought, and betting was II to $ upon N.atr.
Sreilite(hi—t:ritth and Belcher for their countrymau,
and Jones and Clark for Oliver.

Round 1 After some feints to mends* %elite, Neale, Is
hitting short, was returned mows st glitly, awl he threw out
has right laud, %hid, Sword Oliver by • blow on the throat.
2. Both Mess hit short, said is. a confused mertirg Neat.
went down by an ',verbalism.
3. Nettie produted first blood from the bark of his seek
Oliver placed a Smart b..dy blow upon his ribs, and broke
ground, sod Neale missod a tremendous right-handed lunge.
A rally followed, an which wads spiral was sioirs, but Otis
vets orbiter gave bins the best, although be we. well hit.
Neste wait knocked dowis.-11 to 4 on Oliver,
4. Oliver, primed mum hip mettle, coninieneed a rally,
but the two overhit themes Ires sod kith wrut duvets.
b. A mood of wires' asiosites took show, but it was or.
riiwerl is citatory§ Miguseuvring, Oliver hitting without the
force of the body w•th it, seemingly, nut to have • rrpelititin
of the right-hand. 4 taste in the diet round. They
frequent hitsard ausiaratril, and in rallying Neat. rib! dowd.
• 3. ,Oreuleilly Mt:avow of Oliver, %slew planted one or two
hits wilt% much gamey and Soured his adversary, wbo had
retreated to the r..pes —2 nod 3 to 1 ow Oliver.
7 Oliver bled freely from the mouth sad • manly round
was fought, rather in r of Neste, who tut Oliver ow
trerely opus the dila. After a raleaol7 folly both meat
down.

R Oliver steadied himself, sod. Neste MIN% play at him,
aird thsormi him by a heavy hit epos the firrellead, whia
prioiravd a stream ref claret.-6 le 4so Neste.
Neate clipped I. assikiree play:
In A severe Wasp roved is homer of Oliver, who dosed
with his adversary. awl 'eased the AIN
11. A bloody rotted is a steam trial of courage. and
Nate had wine the worst of it, nkhoogh he pt pinked
■hoot the wok and there were Mires( symptoms of the
Chancey sum. Beth hit themselves tired, cad bath down.
11. Oliver shewed week urea, and had the worst of Ohs
roved, which &might bettiageme.
13 A severe rallying rowed, sod Neste was hit down.-
11 or 4 ow Obeli.
14. Neste Med rather the best in rallying, but he was
there.. •

Tome will sit permit as to eater WM a farther detail of
the resod., es the sports were got over mail desk, 93 sites
from London. Oliver brought he bating 10 N 1 la lils
favour is the aiameath round; but la the subsequent
round Pirate give his *Murat, • boob bit ea the jaw,
*Sikh dropped hint Is if a pistol ball bad hit his, and the
Iglu was supposed to he ended. Ohm, however, like • tree
English hutl.dut, shurgerrd up to hos adversary is the nett
round, and was Soared again, hteediag from the rare. He
partially recovered, het is the nth and 30th mends he was
hit nameless with his adversary's right head, and retold Pot
he broagOt up &pia. The baffle lasted woe boar and three
minutes, and was • real pate one. both wait ludeentaly
hit, attiNeate's jaw had as esudvasitat mew.

West Couutry Dick was (Nest iu ten minutes, by
Hudson.

S. Davis, Neate's codrin, best &lases. the Jew,
with much gallantry, in fourteen ininstes.
A novelty presented itself on the ground in a
splendid bsrourhe mid four,, in which were bra
ladies, who viewed the fight with mach atteatiob.

BOAR/) OF EXCISE, JULY 10.

ilia, flay the Commissioners, Lord Gomm Sawing*,
the Hoop. Avourruo Plum, Ice. took their mob at the
Board, and gave judgments iu u s fullowleg eseito:—

THE RING V. LEACH.
Joh• Leach, • dealer in tea mad coffee, i■ Vala-street,
Sahel&lda. was charged with having • quality of
vegetate ingredirota is his pusaessiu•, called" vegetable
powder," ow the 11.511 i of April, lied with selling wee of
the same nixed with coffee. _

Charles Henry Lord, an effacer of Exriae, stated, that out
the 15th of April, be went to the Defesidast's shop, and
purchased an *mare of coffee for which be paid three half.
peace, spencer and Eady, Mather officer, were waiting at
the (outside of the shop rowdy bad purchased an onus •
few minutes before he (witness) went into his shop, he had
examined that which Eady hail bought, and believed it to
be vegetable powder and. coffee mixed. He asked the De-
(rodent if he had say vegetable powder in his possession,
and he said be had sot. He imeirdiately berm to search,
sod fused a pound lad a huff of vegetable powder in • paper
behind the counter. lie was penis, that he purchased au
ounce of coffee as well is Eady.
Defendaet—" I dewy that Lord purchased any coffee of
Me; I addlit that Eady did a *hurt lime priui to Lord
Coming lat. the shop."
t..ussinsisaiiiiser" Did you purchase as ounce of coffee,
Lied, see Wit?"
Lord—" I am satisfied I did, and when he send me I
irisember (here was only half a spoonful left In lb* can.
Ulster. I pee a sample of the coffee to Mr. Hubert, a fami.
dealer."
Mi. Hubert, dealer in tea and coffee, Higbatreet, no.
rough, staled, that the article which he then produced was
ibe sample gives him by Lord; he had examined it, and
found it was part coffee dad part e vegetable substasee, not
cbffee.
The Defendant persisted that Lord did sot purchase any
toffee of him at the time he bad stated.
Spencer, an officer of Excise, stated that be was on the
outside the Defendant's shop with Eady whew Lard wont
into it; he did nut ore Lord perchase any of the vegetable
powder or coffee* he remained st the door until he sea
Lord go round the counter, and thee be went into the shop
to him. He did sot ere the coffee Lord had purchased.
Lord being reexamined, mid that he mixed the coffee he
purchased with that shirk Eady purchased.
The Commissioners cusieukod a leer miestes, and dhimies.
ed the iutufatatiun.

THE EOM e. SLANE.
The Defesdent, John Bloke, a vinegar-maker, ►hiding
In Tooley-street, ltirougli, visa charged upon arww differtlit
itlfWlollllo6o with hawing received tutu his poiersaion large
quantities of liquor card for making 'jailor, called " sugar
water," wittiest giving untie, to the Eimer ; and ow our is.
forntallue he was charged wish obstruct lag the officers from
taking as account of his stuck.—Hr was cunctesed es the
lest infornsatitts is the penalty of 141. ; sa lbw ovum' and
third 51. each; ow the fourth is the aunt Or tat.; on Hoe
aftla ; the slash was Alisiniverd ; and the seventh with.
drawn.

Extrset of s letter from Cloninel, dated July 6:
-" The poll is going on. perfect cordiality exists
between the Candidates, the successful ones cannot
.s yet be ..cr►tstued, but it is generally thought
the Hon. F. A. Pawns will be the first ou the
poll. Satiorday is the day *greed upon to tenni..
sate the mutest."

141 INTELLIGENCE.
•
COURT OrsHANcEftr, Leicoues
Day, JOLT 10.

HABEAS CORPUS. ..
CSOIVIAT is de mv►►er of csowt.si►, a. Bankrup►.
Sir SAlllUst. ItotitLL* stated, that was the
Petition of the Bankrupt, who had been brought
up from imprisonment by u writ of Habeas Corpus,
praying that he, might be dimcharged from custody.
He was committed by the Commissioners or Bank-
rupts for refusing to answer it certain questiou put
by them to him. The questiou was a very Wog
one. which he would read.

Mr. Rose said. hs thought it would be 'setter
for him. before his Learned Friend (Sir Samuel)
had opened his caw. to state an objection to 110 e
mode of proceeding by which the Bankrupt woo
brought into Overt. It would he recollected that
befthe the Statute of the Sth of Charles 11. the
Lord Chaticel)or heal not the power of granting II
writ of thel.eas Corpas,iu vacation, and that Si&
tote esuressly stated. that if the person applying.
fur tt Corpess should neglect to do so belie.
two Terms had elapsed after his commitment. the
Court had shot the 0://air of granting him the writ
in vacation. to this care the, Bankrupt had not
only allowed two Terms to elapse fpm the time .Of
his commitment, but tan year% This, in his (the
•

Learned Coutssers) opinion, was sufficient to pot
an end to the application. There had been on Act
passed lately on this subject, commonly called Ser.
jested Onslow's Act, but it did mit enlarge the
power of the Lord Chancellor, as it only enlarged
those of the Barons
, of the Exchequer.
Sir S. Roost LLT—" 11 such an objection as this
was intended to be takes,, it would not have beep too
much to have expected from those who instructed
Mr. Rose, to hove given notice of it to the unfortu-
nate Bankrupt:"
Mr. Rosa—" No blame can be attached to those
by whom I. am instructed for not giving notice,
as I only found out the objection ibis morning, and
considered it my duty to use it fur the besirlit of
my client."
,Sir S. Rikstr.t.u—le As this is an objection of
great importance, I hope your Lordship will give tne
twee to answer it."
The LORD CUR sicat.Lort—i, tensility, you had
better take until Monday, as I am compelled to
leave this to-morrow, at one o'clock. Let the
Bankrupt be brought bp on Monday, at one o'clock.
What was the case its which this was determined,
Mr. Roues"
Itrise—" It was determined, my Lord, in
Jenks'itcisse. in the year 1607. He was commit-
ted fur using seditious express. at Guildhall."
The Load CnincaLida—" 1 recollect seeing
the caw."
Further consideration postponed till Monday.

JUDGMENT.
*ALL V. omeek.
+lwLdaD Cmatrent.LOK—., The question here
is, whether the mother of the Oliver* was Married
or not ? The Pisintiff proceeded in the Ecclesias-
tical Court to toy that question, and he relinquished
it, and his hill Was dismissed here. This applica-
tion then is, that his cause may be reinstated here,
so as he may get an answer from the mother.—
The Court cannot du this. Let the Defendants
make en affidavit that tHey do not know where this
lady is, and then there will be nothing left fur ale
to detennioe bat the question of costs."

LIAR'S COURT, Loom's-lir,
IND" .I,oLir 10.

JUDGMENT.
TWEDOULL V.. TW•DDItt.L.
Nis Honour the Vtes•Cstancti.tost-;•-" I CM•
skier this cave very important On public grounds,
as it relates to the prectite of this Court. k is •
bill filed for the purpose of annulling a settlement
made between • father and • Son, alleged to have
been executed finder the undue influence of the
father. It has been contended, that a father has •
poiverfhl influent* over a Son, where the letter is of
a good temper and disposition, for which reason
the Court ought to watch the father's conduct
strictly. I will, however, ask, has this ever been
done Let those who have so contended, prove that
they have ever influenced the decision of this Court.
Itt guardian cases, it is necessary for the Court to
look with jealousy, as a guardisti might influence
his ward ; but here there is no proof of that kind,
as it • appeared the settlement was founded 011
attachments. No pecuniary bargain of an
ittlproper kind was made, although it is alleged
the son had been imposed nu. The recital of the
deed of settlement is
on. I have therefore read the deed itself, and
must say that I see nothing in it to justify the alle-
gation that the father and son stand its the Situation
of vendor and vendee. Feeling as Ido that it
masa family trauseetion. 1 will not disturb the set.
ilernent—.4 therefore dosnaiss the bill without coots.
This Court has a jealous eye over guardians, but
it holds tittered faintly tramisetioui."
Bill dismissed without mots.

COURT OF KING'S BENCH, Gotta Maui
F4DAY, JULY to.

Sittings after Terns, befbre Mr. Justice ABBOTT
sold Special Juries.
ATWOOD sod BAYNE, V. WILLIS.
Thil vas on action on a policy of insurance on
the shy Badger, the freight end goods, for o toy.
age at and trout St. Domingo to Carthagena and
lack.

Mr. SCA KLETT stated the case for the Plaintiffs.
Messrs. Atwood and Haynes received a letter on
the Oil of March. 1816, from St. Domingo. itating
that the ship Badger had Ike.. chartered for a voy-
age to Carthagenia and back ; that the freight had
been agreed for, the vessel loaded with protisions,
ai.d prepared to sill on that night; that there was
little danger but she would be able to penetrate
the blockading Spanish squadron and reach the
town; that the conjoint adventure amounted to
3,500 dollars; that it might be prudent to insure
the vessel with the freight end cargo, •and that Cap-
tain O'Brien was desirous to have en imurance
ef-
fecters for I silt for 100/. The very day they
receird the letter Mr. Atwood gave it to Mr.
Hunt. a broker, who took it to Lloyd's Coffee-
house. It happened that on that very day it was

•
stated in the tiewspapera flirt Cirthagerit heel
fallen into the hands of the Royalists, of which
circumstance Meeks. Atwood and Haynes, as well
as Mr. Hunt, were ignorant. Mr. Hunt supposing
the risk to consist in piercing the blockading
winadroo. put down the premium at three guineas.
However. on going:into a box at Lloyd's, he brutal
of that piece of 'sews. Mr. /loot could not take
upon himself to dear ribs the whole couversatimi
that took place with the underwriters; but he
would swear that point body was sent by theta to
the reading-rootn, to ascertain a Nether Corthigel a
was In the hands of the !loyalists; that et was coll.
tinned it was ; and that lie. therefore, enlarged
the premium from three to five . guineas, be-
cause. in ,rase the news was nut true, the teasel
would he obliged to snake her way through the
blcickading squadron, and if it was, the
'fiords might put their colonist laws in force egoista
• British vessel, and ciii.thicate it. r Is these terms
the Badger teas. insured fur 1.2001., the goods at
OW. and the freight •at 6001.. by Messrs Lloyd,
Willis, Beverley. wad others. The
_vessel
and. arrived at Cardiogram, was seized owl con-
demned by the !Spaniards, as beisig under at foreign
flag. When the slew. arrived, Mr. Hunt sirplitql
to Mr. Beverley for suiymesit of the ruin for which
he had iiMured ; Mr. Robinson, another of the
underwriters, suggested to him to ask to see the
letter of orders; Mr. Hunt had returned the letter
to Mr. Atwood, but be procured it, and as it co,.i
tamed ,duplicates relating to mattefi not tooth:led
with the transaction, gave it to Robinson, nil all
understaiiding that only the part eircestaly would
br.perbsed. On the letter fr'oln St: D qo (that
only letter of orders, being eiandairdo the under.
writers raised the objection, •• You gave us to iht-
derstatial the vessel was intruded for the supply of
the Royalists," end, on that ground, refused to pay
the 'dins iii the policy. An action grab Isroughtiii
the Common Pleat, in the name of Mr. limit, but
as he could hot, by law, be a witness in it, he wai
*waited. As the action now ttbod lie could be is
witness, and he had nu doubt his tritium:) would
procure a verdict for the Plaintiffs.
Mr. Hunt was called, and proved the'reetution
of the policy of insurance for the sums before-mem'
dotted, slid the subscription df Mr. Willis, fur a
*hire of 200/.

Examined by Mr. MaltltTATt.
Msde out his slip trout the letter limn St. Do-
mingo. Hail no information but by the letter of
orders. Did not know before he went into Lloyd%
that Carthagena was in the hands of the Royalists;
that information must hate been derited IVion con.
versation with the underwriters. Had the letter
from St. Domingo with him, and no other docu•
ment—has searched for a letter Of orders from
Atwood amid Haynes to himielf, but was unable to
find any. From his habits of bnsiiiess. is cow.
mind there was not one—C-inont say from recol-
lection of what took place at the time that any of
the underwriters read the letter; but one of them
having since alleged that he read a letter of orders
(there being no other), and the general practice be-
ing to she* the instructions to the underwriter., is
persuaded one of them Mint have read it. Applied
to Mr. Beverley for fill part of the toss—was asked
by hits for the letter of enders—went and got it
from Atwood and Haynn that day or the next
gee it to Mr. Robinson, one of the company sit.
ting in the too*, to read, its order that the whole
contents. which were not material, might not be
generally known.

Ctbd•examined by Serjeattt VAUGHAN.
The partnership in which he was then engaged
was not dissolved in consequence of the (Amidess
he had made in having the policy effected; bus 110
recollection of being sent back to Atwood sad
Haynes fur further information; hid no paper
signed by Atwood and Haynes, which he produced
to the underwriters; did not state the particulars
of the risk ; cant swear, from particular recollec.
Lion, that he 'hewed the letter to any of the under.
writers; but as Mr. Beverley line inner stated ;bat he
min a letter at the time, has no doubt tut be chewed
the whole of the letter; can swear positively, he
did not say the ship was intended to go out for the
supply of the Royalists, hut there might be a great
deal of tonversattnii in that way ; never staled that
he bad no letter of orders; the insurance wits els
fected on the information, of the letter from' St.
Domingo : the uudrrwf'te►s put their mimes on
the slip; it was destroyed ;it his inactive to de-
stroy them ; does not recollect being a►ked by Ro-
binson for a letter from the West Indies; was newer
told an action would he brought against himself if
the Plaintiff failed in this.

The Mate of the Badger examined by
Mr. SCARLETT.
Sailed from St. Domingo on the 9d Derember.
arrived before Carthagena the 29th; at first sate the
insurgent flag flying ; the Spanish was afterwards
raised : a 1111111 came on board and seised the vessel.
Cross-examined by Set-jeans VALIGNA N.
When they sailed from St. Domingo there were
no insurgent colours on board ; no person on blond
wore the insurgent uniform; the whole crew were
thrown into prison.

Serjeant VAUGHAN, for the Defendant, explain.
ed the rule of law applying to the case, namely,
that if at the time of effecting a policy of insurance
there be a concealment of any circumstance mare.
►ial to the risk, whether through design or other.
vitae, the underwriters are abvolved from the cou-
tract, and the terms of the policy cannot he el,.
forced. lo a case like the present, a broker sits
not, in strictness' of law, a w►tttess, having an in-
terest in the cause himself, as he a reppoileilde to
his employers for his bargains bit as Mr. limit had
not been objected to, he was competent. Mr.
Hunt, however, d►d not pretend to vay positiv. ly
that the letter was shown to any of the under-
writers; his only reason for believing it was, is by
inference from what Beverley said many moiltl.4
after. But to lay a foundation for the action, lie
ought to have sworn to that fact with certainty. It
would be proved that Mr. Hunt wa• scot f
Lloyd's to Atwood and Haynes for further infor
million, and returned with a slip whi. I► (the (.earn-
ed Counsel contended) was the real lrttrr of orders.
Oil HIIIIVIIown evidence there was a concralineilt„
because he did not depose to any vet bid com►nuoi.
cation to the underwriters. and could 1101 swear di.
rectly that he .hewed the letter. Mr. Bryant, Com-
modore of the insurgent squadron, wog a joint
owner of the property, which fact was not corn-
muoicated to the insurers. The question was,