The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-19 00:00:00

GERMAN MEATIIF:.

On Wednesd ty night, this elegant hide Theatr-
srliS Elled with fashisa. The novelty of the nigh•
was a new Farce. in two ads, never aned hef.rt-,
by Korsataus, called, Der Trenieeield (The Drawl-
s. ey.
The plot is as follow a
s :_ifnl2 Ran, I, peasant,
who ;$ the prehierd, is sent by his wife, Anne, to
the neighbodring village, to purchase soap. Hr
cannot withstand thti temptation of visiting a pub-
be-house, by the way. Whete he spends money
in brand? —becomes intoxicated—and lays himself
clown on the high=road. and falls asleep. &roe
Hasentebreek, the Lord of the Manor. retnrning
from hunting, discovers Mats, whom he orders his
servants to convey to his palace. where he is dressed
.3 file clathes, and laid in a sumptuous apartment.
As l'e awakes. music plays from absrve, and he
rypines liiinsef in the celestial regions. This
scene atfords SCHlRtitri an opportunity
of displaying his wonderful comic talents. He is
served with all the luxuries of the palace, and gets
.rank again, and is placed in the same situ.ition
in winch he was found 4 and the seats by him,
which he was to have bought. His wife ends him,
jest as he begins to recover—he relates to her all that
happsneil, which he supposes to have been a
dreamt but, on finding the seep, he fancies he has
been ia the hands of evil spirits, supplicates his
suite's pardon. arid promises to drink no more. This
simple story convulsed the house with laughter.
Miss Lot: s A Seim is e. in the !Myr, received
great applause.
In the elegant circle were, the Hon. Mrs. Wv ow Et
Pad a large party. Lord FITZIIARRIIIt Mr. DRUM-
Nom), the Ball ker. Lady BAKIii, and a large party.

SIR,

It
is doubly gratifying %vb. n we behold the glory
111 our Country-happily blended with a prodation of
real merit.—This is amply experienced on viewing
74e Fetalb I:1 Jrtne, or Attroe Bat, at the ROYAL
et acus, in which, besidcs the Prison scene, and
the very intrrestiei4 situation it gives rise to, the
!ate brilliant ex-rilo.it of the Lo Lome is admirably
repre.ented. .:ad with all the glowing colours of
British spirit, 'fcif.rether with this animated pro-
dulion, itaiti,s proves each night a most powerful
1 capitally is the story got no. and its
• trilus ::12TAaCIS 501)7911.4 ; PartienlariV Ygrbil"'
h 7 %sonar, and Poolyvmars, by Roint*T. t C 4 'f4
is li..awiSe excellent, by NI •K r ; and /crapes finds
ab:e representittive in Miss Gismos —lb* Novel
rue. which is a very pleasing Harlisguinade. fills up
t..e Lttily captivating routine of the

LAEIY L6flS4 MA *FRS'S ORI!i!D
AIiISQUE ADE.
This Lady, who holds sdkd:stinguished a plate
i,i the fashionable world, lAA night opened her spa-
cious house for the amusemet of her friends. Wit,
mirth, and humour, were w corned in every form
they assumed The entrant. hall, which is very
spacious, was lighted by a v y large lamp in the
centre, with brilliant burners \in the angles. The
second hall, leading to the and stair-case, was
lighted in the same mannyr ; the staircase was a
blaze of light. A suit of four sstierb rooms was
the scene of aaion ; they are hang with blue
damask. The pier glasses are of uncommon size ;
un.!er each a most curious inlaid t ibiet supported a
diamond-cut lustre, of exquisite wfirkmanship. The-
cl-..anid Hers were also bean:Mil, and very costly.
From this scene of terrestrial gr indour you de-
scended the second staircase, which was a complete
bower of the rarest shrubs and ft.wers i' shedding
their sweets around," which lead to a beautiful
green house, lighted up by wiembs of variegated
lamps. On entering the garden yon found it Vaux-
hall in miniature ; transparencies, illuminations.
His Royal Highness tae Duke of YONBC3 Band
played in the garden, and the Pandeaus in the great
gallery. Every arrangement that could delight the
eye, or please the sense, was made. Three supper-
rooms, on the ground floor, were laid for the accom-
modation of 400 victors. To avoid cootu, ion, the
supper was cold, and co skied of every delicacy the
bounteous season could produce. Along the pa-
rapet wall, which divided the garden from His
Royal I liene,s the l'r"‘ce of WA I.F.SN. were two
hundred varieg.iy.l lamps, forming various devices.
and a !ding to the brilliant scene. ..I.i. h Was Yisite!
by all the nobility in town. His Royal i lighneu the
Prince of WALKS arrived at twelve o'clock; he
wore a blue domino. Amongst the most splendid
fancy dresses were, the Dike of BovitinaN. the
Earl of WI6I,4OHELASn, the Duchess of Ge AF-
TON, Countess of Flatlet :savoy. Lady M STAN-
noes, Lady M BESTISCK. MarcOioness of Hear-
roan, Countess of Casinee, Countess of Ross
MIRY, and Lord Pat st mom The Duchess ef !St.
AlatN'S Via% in her favourite dress, a retie Pilgrim.
Lord A t.EItNDEII GOaD(IN, a COlintrti liruflfail ;
I,ady I loses' wont), a Ball,d Shire, an erceLer,t
mask; the COMItetS of CARLISLE. a Com dry {Peas',;
Viscount Btooci, an excellent Pierre; Mrs. F.ocit.
zner, a Fiji NII4 ; Counted of ilattowiczs, a bale
of Me M‘t Coster' ; Lord and Lady DescaN, ele-
gant Sp tnish dresses : Captain CRAMPTON? as R0b,,,-
w„ Cnaoe'l Mini Fri4aq, was an excellent mask ;
Major Dov er. an excellent Father Lasko.
The following admirable translation if the po-
pular song of Msr 8,,b,, in Monkish Latin. sea: as
admirably sung by Am A C REON MtiOaa, in the cha-
racter of Marhisus Sc,ll, tut.
Seci.ctit miler inrgineirt, receptor in h?bernio.
Prez,!ntein clog 14 ittlo 'kJ traiirtiilit aVerilis—.
In prails:is site rvstititserl acriut prAAlnt,
Er, anise us faeinnri., per villa el,mirJtut ;
.. Mis-ram Baiiam t M(ortun.d.rm &liana!
" P. 4.144113, traits a, tniscrrintsamquo 11441111:4"
Ardente demim singnirw, ,Inin r....:),:t 2.1 cubit),
". ()belie proititoreole, patrasti (Amu /I vile t"
N,etarne ean.ll2nt tampart.,.—iee, see., im In diva,
Ante on .tabat mai), itz;ti•te, (41:11.1ni ;1"3,
a Arai-e, Wrliatti—..tifoitnnitant arlilm !
' Pluditano, tralita'n, niisanion,rinvel3sliarn !

" Abito—:ur me c.teparit palbre evanitnt n "
' r.trfirlias utnnutculuns, mi vie, adtniti.orotti--.
Plrcrroripas Streas—reculat junta Pow:f.tx—
, Suicidum Q castor nuncupst—wd t.i. cuiiro, ctr.t.ret
▪ Tua culpa, curiae% qui vit.lbti ,
' readout% traditim, mieerrinuotque Sabana !'
" Sunt mi bis dmi ! quim pulchri !
" Hat aseipe, et bounces cao,uunabere se:mlchri."
Tio. Lecourit rm. Gies, ut autea, itteitadiue—•
11,genttra riders nern—it iota vux jucuntl,,..—
" Vale, vale, cemulu.n ! L tsis i stns BlliA
• Vale, vale, catculia.n ! Nunt: si vis a'iarn
We regret that the lateness of the hour will not
permit us io continue out account : we shall resume
it to mottow.

TO THE EDITOR OP THE warm PRESS.

The many instances you have given the pnblic of
your endeavours to promote their convenience and
amusement, lead me to suggest to you the pro-
priety of making akw observations in your very
useful Paper. on that great inconvenience (not to
say noisance which presents itself every Sunday
evening at the d or of the Green l'ark, leading to
Piccadilly. You will easily imacine that I allude
to the very confined entrance, which not only affords
those despicable pests of society, the Pickpockets, an
opportunity of displaying their trick, but immi-
nently endangers the personal safety of 'Lose who
frequent the Park by this gate.
I do not know to whom the public should look to
redress this grievance, but I do hope that it will net
pass unnoticed by you, and that those who, in other
parts of the Parks. have so laudably contributed to
the convenience of the public, will not stay their
exertions till this evil be completely remedied.
I am, Sir, A CONSTANT READER.

We yesterday mentioned that some apprehension
was entertained at LLOVD'S for the safety of the
ships from Antigua, lest they may have been met
by the Combined Fleets. The report their being
captured rests on no other grounds than the notice
sent by Admiral Coc 141 A N for all vtssels to make
their way home, or to neutral ports, and that they
sailed much about the time the French Fleet came
down to Antigua. Had they been captured, we
think some account of it would have reached An-
tigua, before the Carieur sailed on the
On Monday night a gentleman, with a lady in
his company, hired a co..ch at eight o'clock, went
to Vauxhall, and returned home at a few minutes
after three next morning. The coachman refused
to take a one pound note for his fare, and demanded
a guinea, which was paid him; but he was yester-
day brought to Marlborough-street Police Office,
where, after a milatte et rniination of the parties,
and the fullest allowance being given, it was found
that he had made an overcharge of upsea-Js of Ss.
lot which he was orderel to pay the penalty of 20s.

SIR ETRE coore. •
coax,ror.o 12.
This day, at two o'clock, a King's Messenger ar-
rivA in town with diipattclics for Sir Eyr;• Come,
K. B He left London on Tuesday last. at four
o'clock in the morning. We have not heard the
purport of the dispatches.
Lieutenant-General Sir Eyre Coote, K. B. it is
espeeted, will iminzdiately embark fir Jamaica.
Four regiments of infantry, it is understood, will ac-
company him _the 89th, 93d, Bth, and 83d. The
transports at Cove, not employed in this embarka-
!ion, will, it is said, reruns to Portsmnoth. The
24th regiment will disembark, and do ditty at Mid-
dleton.

NITIACT OF A ►III►ATL LATTRA ►Nfri AN orrrcea
IN TNT EXPCDITION AT COVE, DA FLO JULY 12.

" The only bustle we had amongst us, relative
to our sailing, was last night and this morning, so
I postpone finishing my letter for proper inf nma-
tion, which I hope we shall know this day.
I am come back full freighttd, to inform you
that new arrangements having taken place, the
following are the orders given out this day
" The eXpeiition is, we understand, all over t the
214 h regiment have this moment landed to do duty
at Mi 'Afton, in place of which are to embark, Sir E.
Coote's regiment, the 81th, the 8:h, the 83d, the
93d. staff corps, artiilery, &c. We ecpe9 to sail
with Sir Eyre Come for the Wes: Indies, probably
Jamaica, imme Irately. Yon cannot think how glad
I am that we are going any where from this terribly
idle place ; idle I must call it, for we are poked
up in a ship, doing nothing but looking at the rocks
and cabins."

• SPORTING INTL LLIGENCE.

LUDLOW RACES.

THLItsDAY, JULY 11.
A. Maiden Plate of 501. for all ages that never won
Plate, Match, or Sweepstakes.
%fry, Wrelo4 eh f. I.3vinia, Sv r. , , 1 1
Colrme: Kloprotc% b c. t 1 Airy, 3 yrs nld . . 2 2
Erasmus S 3 alider.'s b. m Brown R..ss, 4 yrs nl4 . 4 9
%Ir. Ickes b. h Romper Szqmpe,7, by Spear, 6 yrs 0!,1 J dr.

SAME DAY.
A Sweepstakes or lOgs each, with €2Ol. added by the
Town, for all ages.
I.nrci Sta,tsM's b. b. by Delpani, 4 yrs . 1
Emviinot's br. m. Gpiey. 'm yrt ~141 . . . 2

iIIID4T.
A Hatclicap Plate for 501.
Cateeet kinkseote.4 b. c 11.,31c ,r, 3 yrs WI . S 1 1
Era.mus Sian leres br. to. Brown B:ss, 4 ) okl 1 2 2
Mr. E.nb.lnes bh. ("vim, 4 I'm okt . • 2 3 3

cuurn.r. SHEEP SHEARING.

--- ---
Tuesday last, Mr. Curwen'; Skeep S'heariseg was
held at H trrtowslack, in Cumberland; the meeting
was 'numerously attended; upwards of fifty Gentle.
men dined with Mr. Curwen in a tent, and nearly
one hundred at tahlesiarranged in front of it.
Inc South Down stock were thought to be much
improved, and clipped remarkably well. Tile cross
between the South Down an I Common Fell sheep
gave gee :t satisfarlion. The_ fineness and quantity
of wool afforded the most flattering proof of the ad.
vantages that may be expetleci to result from this
experiment ; a Geod.:man then present, who carries
on a considerable maitufactory, declare 1 the wool to
be one•third at least preferable to the staple wool of
the country, nod (offered one shilling per pound for
it, which was refused.
The cop for the best top Cross with the South '
Down was adjudged to Mr. Curwen. This tup,
whose fi?eco weighed 515. Soz. was allowed to be, in
shape, size, and fineness of wool, a most complete
animal. Mr. Curwen cl-clined accepting the cup,
and requested it might be presented to Mr. Michael
Satterthwaire, of Hawkshead Hall, who had the se-
cond best, as a mark of respell due for the s,oirit he
had shewn in promoting the experiment, hoping his
example would be followed by others.
The cup for the best Sheerling ewe was alj•tdged
to Mr. Dawson, of Kentmere Hall, which gave great
satisfaairtn, as he was the first person who underteesk
to make the trial. On receiving the cup, he stated
that he had already found the advantages arising
from the plan, having sold his lambs for three shil-
lings a piece higher tnan he had ever done beihre;
that the lambs, for size and shape, were superior,
without any reference to their wool, which forms the
most important part of the improvement.
The Cups for the best Yearling Bull, and Two
Years old Heifer, were adjudged to the Kev..lohn
Fleming, of Itayrigg, whose stock was particularly
admired. A Bull Calf of his, six weeks old, was
acid to Mt. Henn, of Middleton-place, for tO gs.
'The meeting is to be continued with additi snal
Premiums ; and, from the spirit displayed, it gives
greet reason to hope, it may prove highly beneficial
in promoting the improvement of this breed of
sheep. Mr. Curwen suggested the advantages of
establishing a wool fair at Keswick, as the most
central situation, which would induce the Yorkshire
and other manufa,flurers, to become competi(ors for
the wool, and afford the grower a full value; and
prevent any inequality of price, which may result
from the present method.

A conk, in the service of a Gentleman of Bath.
who had t!en but a few days in her place, took an
antipathy to a favourite young pointer belonging to
her master, and on Sunday carried the dog to a
butcher, who, wi:h her assistance. killed, amd thre..?
him into the river. The master, incensed at such
cool, premeditated barbarity, caused her to be taken
before two Magistrates, who committed her, under
the dog-stealing aft, fur six months, to Shepton
bridewell.

On Satnrday last, as a child was playinz in the
streets oft larrowon the Hill, the Pinner and Harrow
stage drove through the town very fast, and the lead-
ers of the coach trampled the child under their feet.
The coachman, hearing the cries a the child, im-
mediately drew up his horses, or the child must ine-
vitably have been killed ou the spot. Dr. 13‘TLER
(the ctiebrated head-master of Harrow), who hap-
pened to be rid ng by at that time, seeing the acci-
dent, immediately relieved the child from its peril-
ous situation. lk. ti. betrayed the greatest anxiety
for the welfare o 1 the child, whom he conveyed
home to its paients, in his own car, iar.

LA!;' INTFLLIGINCE.

COURT OF KINGS BE' ;a, Gitur.milLf„ Jut,.

3.lti ,62 at Nisi Print /:lire Lord F.l.tesisonottoe,
and a kerial Jury.
Pamir v. MITCHVI.L.
This was an abort for goods sold and delivered,
amounting wen its.
The Plaintiff, in this case. was formerly a were. 1
houseman, residing in the city; and, about the
month of May, 1793, was introduced to the De-
fendant by the name of James Machell, through
the wed:um of one Hill, who was at that time a
rider for the Plaintiff, and gave him a quaetity -of
lace and silk stockings, to the amount for which the
aCtion was brought. Some length of time elapsed,
before the Plaintiff discovered that the Defendant
had left town, and his rider, Mr. Hill, having era-
yelled to Portsmouth, and several other places, at
last arrived at Wolverhampton. where he found the
Defendant. as proprietor of the Angel lan, in that
town, by the name of Andrew Mitchell ; this anion
was then brought, and the Defendant pleaded the
general issue.
William Hill, the...first witness, who was brought
up by habeas Calms, from the Sorry Gaol, 1403.331,
monger-lane, stated, that he had sold goods to the
Defendant, in the 17!;a; that he after wards
went down to Portsmonth, and from thence to
Wolverhampton, whe.e he sniff the Del,•ndant, woo,
being in Court, he pointed him out, and swore posi-
tively to his identity.
Mr. RicLaby, the nz•st witness, sated, that he was
in partnership with the last witness. in !lie year 17;4fi.
when the words in cpestinn erme ; About :::at
time, they also sold good t to a person of tae name
of .14•Gowatt.. by the written recommendation of the
Defendant, to the amount of 4691. That the last
witness was confined ai the suit of the pr isent Plaint-
iff. In the year 1799, he dis.olvel partnership with
Hill, and, some time after, at Cie request of rise
Plaintiff, he went down to Portsmouth. aed Irma
thence to %Volverhampon, to look for the Defend-
ant. He proceeded to the Angel Inn. eiten the
name of Andrew Mitchell appeared over the d or t
he asked for him, bet was told he wis out ; at the
lime time, Mrs. Mitchell invited him to return to
dinner, to an Ordinary, at one o'clock ; he did so,
and then saw Defendant, whom he irn s:eii*aly re-
cogn:sei ; re he pointed to the Defendant who
stood up). Upon being asked, could he swear po-
sitively to his person, he answered, he was alnanst
sure he could, he thotßht he ;night, and .tt last he
said, he could swear positively. !knout' half an
hour before he went to dinner. while he walked
about the town, lie t the Defendant with a whip
in his fiend, but did not appear to know him ; and
wishing to discover him, he waited till the D fend-
ant should speak first He perfeetie recolleated sell-
ing nine parcels of goods.
On his cr.sts-eiarain.ttion by Mr. 4111111 T, he sai I,
he tinderrootl the Defeti.i.int was a h may.? in the
county of Sussex, the hand-wri.i (which WI,
stated to be di.goised) he could not swear to ; nor
did he know Ira place of residence. *he:. the go 1,11;
were sold.

Ia answer to a question by one of the Jiver,
lse answered, be bad ao reeolleSion selt never of !ris
:n toner oC speaking. He waded that, when he-
went down to Woolverhatrpron, he told roe 6e-.
fendant he WAS a traveller from Seettani, .e. he did
aot wish to let him know woo he swat, t.ll he should
be sure of his persan.
'fhornas Mills stated, that he livei.l at Somers.
tow,t in the year 1709, where the Defendant hit
family lodged with him fur nine toontns ; ne of est.;
wards went dowa to I,Voolverhavrivlta, w ere IMO
WI the Dkfitodant at the liar of the Angel f e a, and •-
recognised him to be the tame per sue who had for./
merly lodged with biro at Somerstowe.
Oa his erasssexarniriation, he said he was sore it
was the same man $ lie either was, or passel as a
married man with two children, one of willow died •
at his house; he had frequently soon the Lh•fen:l.soU4
and knew him to he the same. ‘Vhe.t a k idi whe-
ther he knew William Mitchell (the Defendant acted
up), he swore he tad veer? seen Witham lira:ell
before. When asked who Freight him to Vireolv.o.
hampton and paid his exences, he replied, toe
Plaintiff Mr. Price. Being then siesiied to In k
round and point out the De:end:int. Mitc!-e'l,
if he was in Court; he fixed upon a gent e.
man near him, whom he touc .ed the shoulder,
and swore most positively he was the-man ; ne per-
letly recolledted him, and was sure ne must be the
person.
Upon enquiry, the gentleman turned nut to be a
Mr. John Hayle, from Shrew, bitty. abut twenty
three years of age, and subpanaed as a wi•ness in
the cause.
Lord EL Lev sottovott olotreed, that after this the
question of identity could :lot be attempted, and the
Plaintiff was accordingly armaiiiied.
YZ•RELL 9. DRITLXS and ANOTHtI.
This was an anion for work and labour. The
Plaintiff had paid 231 in Court.
The Plaintiff was a celebrated surveyor in Sorry.
square ; and the Defendant:, euhvet.t nu: erymea
and land-surveyors, in the county of K int. The
Plaintiff was employed by them to snake surveys of
the Pangdcan farm, Edburton and Poylinigs Land,
the Manor of Egham, •mot some other King's Lands
in the counties of Sorry ,and Sussex, amounting to
several thousand acres. for vv.! ich he had char);
at the rate et three half-pence and two-pens:: per
acre, for those surveys and plans.
Mr. Thomas surveyor, having examined
the several pians produked an Calla, sai t they were
finished in a very superior and masterly ma ,neta
and few artists could do them better; he thought
2d. per acre was a most removable charge. and hold
he dune them, he would have charge.) Sd at least.
He had made a survey at the island of Jersey, ter
which he charged at the rate of ed. per sere.
Lord Li.LCPBOkOLIGH asked, had he been paid
by the AOC lor his Survey of Jersey ? He Anse/seed
he had, anal lest money by it, and had refusesl to
execute similar woak for the Duke of Richrnoad
On the same terms.
Mr. Edward Driver, son of the Defendant,
the Bill furnished by his father to Governt
this work, wherein the Plaintitio plans we
at 5081. 1 Is. 63. On has cross•esarainati•
that Government were most particular le di,
they were obliged to describe every how
field, hedge, ditch, lee. must minutely. '

'mutant, prated
ovetnnu:nt for
Icrane ch.t, ge cl
'Sett. n, he s
t those loaarveys;
Nue, tunints.g.
iiixtatber And
S

himielf had surveyed the whole of these land. with 1
the r and chain, and made the plans, which
the Plaintiff had only to reduce and copy on vel-
lum ; he also proved several sums paid on account
to the Plaintiff, and an express agreement, whereby
it appeared that the money paid into Court was 51
more than the *anal demand, and the Plaintiff was
accordingly Nonfaittei.
TAYLOR N. RUNYON.
This was an a.ftion for money had and received.
The Plaintiff was formerly in partnership with one
lVriglit, in the coal and lighter trade, and, upon t he
dissolution of partnership, the Plaintiff employed th •
Defendant to sell be auction several barges which br
longed to him, called the I?,,b,ri, the .1 ad., the 7 / •
met, the John, the Slq,-T, the Litzadeth, and the ;
the tevolatter sold fur 1461 , and the rem-tinder were
bought in by the Plaintiff, .on which he paid the De-
fendant commission. He afterwards set np ior
sale the Rig 3t, the Taw'or, the Cir•rinpaer., and the
Fettupd; some of which were also sold, anti the rest
again lr,ught in.
"hese Lifts being proved, the defence set up was,
that the Defendant bad sold a quantity of cnals to
Wright, the price of which he had the latter's au.,l
thorny to set off against the INA proceeds of the
sate of the barges ; but, not substantiating any case
by evidence, the Jury found a verdiEl of 1171. 13s.
3d. for the Plaintiff.
aualsrx C. SAVYDERII.
'this was an maim to recover the penalty of 10001.
of a conditional Bond against the surety.
Charles Anderson proved the execution of the
Bond by the Parties.
On his cross-examination it appeared, that he was
a hackney writing-clerk, and that he confessed he was
so drunk with gin, which lie thank out of cylinder
glasses, the evening the Bond was executed, that he
could not go with the Parties to theDelendant's house,
but that the Bond was brought to hint to the public-
house ; and when he was told they had signed it, he
witnessed it. He admitted these were his thoughts
upon the subjetl, when he was subpoenaed to prove
the execution of it ; hut since that time he recol-
leaed he had seen the party execute.
A verdia was entered for the Plaintiff, subjeft to
the award of Mr Coast.
MATHIAS V. ROM L AND and ANOTHER.
This was an aftion for work and labour.
The Plaintiff WAS a slater, residing at Bright-
helmstone, and the Defendants were masons, em-
ployed by the Board of Ordnance to build a depot
for 10,C03 stand of arms at Hot sham. The Plaint-
iff had at first supplied the Defendants with slates
for the work, both Duchesses, Countesses, Welch
Rays, and Imperials, and was afterwards employed
to cover the roof with the Welch Rays and Impe-
rials, which are a large and superior kind of slate.
A Lumber of witnesses were called to prove the
charges reasonable: they observed, that as some of
the work was circular and domical, it was much
more troublesome and expensive ; the charges were
fair, except in one or two trifling instances, which
were dedu Ted. They further stated, that a slater
could earn from one to two guineas a day at this
work, and some stated the Plaintiff to be as excel-
lent workman.
The defence set up was, that the Plaintiff was
only employed as a journeyman, under the Defend-
ants, and that the work was so badly done, the
Board of Ordnance ordered the whole to be taken
up and re laid ; and further, there was a sum of
money lodged in Court, more than would cover the
Plaintiff's demand.
This statement, however, not being borne nut in
evidence, the Jury found a verdia of 441. 2s. 7d.
for the Plaintiff.

COURT OF COMMON PLEAS, GUILDHALL, JULY 18.
SitetAjlat MU Praia, defer, Sir JAMES MANSI:LLO,
and a *Special Jury.
SMITH V. CO itsoig.
This was an aaion against the Underwriters, on a
policy of insurance, to recover the general average
of the loss sustained by the ship and cargo.
The police being proved, it appeared from the
evidence of Capt. Kerr, that he sailed in the Diana,
from Newcastle for London, on the 4th January.
When he got near Yarmouth Roads, the weather
was so bad, he was obliged to reef all the sails.
The sea ran so high that it made a clear passage
over his ship, and prevented his taking a the jib,
so that he was obliged to cut it away. They were
in very great danger for a considerable time, and
were obliged to set a storm jib to make the vessel
clear the land, and prevent her from foundering.
The gale continued, and he, with difficulty, made
Null Harbour. While he was moored there, as di.
retied by the Port Captain, a Danish snow ran down
on the D 4114, and stove in two of her planks. In
the course of a very short time the water was two
feet deep in her cabin, and remained so, though
every exertion was made, for the 'pace of two hours,
and damaged the cargo very much.
Uncross examination, it appeared that the Diane
was not aground Ali the time, which had been stated
in the declaration, as the cause of the cargo being
damaged, of course the effea of that count was done
an . The next thing the Plaintiff went for, was
the general average ut the damage done to the ship ;
but not being able to prove the amount of the da-
mage, the Plaintiff was nonsuited.
SM.:sit:RV V. WATTHLWIt and CO.
This was an aai.oi on a breach of contraa.

It ..ppeared that the Plaintiff had agreed, on the
9d of January last, to purchase from the Defend-
ant I lit bagr f hrnyrma cotton, at one shilling and
nine pence halfpenny per pound ; but this kind of
cotton, beginning at that time to rise, the Plaintiff
never could get the Defendant to deliver it to him,
though he several times sent an order for it, and
even at one time tPndcred him 3,0001. in Batik of
England notes as payment. The Defendant con-
stantly evaded the delivery, on different pretences,
and fit-13'i. said the Plaintiff should not have it un-
less he ;3. k hi. word for the weight, or paid the
experir? i.t weighinF. "This the Plaintiff would not
agree •s, ; but:caving disposed of the cotton, the
moment he entered into the contras with the De-
fendants, he was obliged to employ a broker to
procure oira so many bags, who bought this identi-
cal cotton at the advanced price of three halfpence
in Cie pound: h.
Serjeant .''ortlte part of the Defend-
ants,
_irregularity in the
tender ; Albstantiate it by esti.
deilfip, yo:. •-tergh)ef fur the Plaintiff—
x) V .-.

71 _