The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-16 00:00:00

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i'l, BI

POETRY.

LID; F.S,
WRITTEN ON ♦ ♦IEW Of PLENLIIIIIOM, IN WALE/.

.10 Silence is sunk the me. t harp of Llewillin ;
And, Plealimmoa, tby echoes are still as the grave,
Save that o'er the rude steep the wild eagles are yelling,
Laid the deep diatribe roar of the surf-broken ware.
The Minstrel no longer shall wide spread thy glory,
Nor inflame thy rough suits with the fire-breath:lig strain;
Nu Poet shall tune has sad harp to thy story,
Nor %rep fur his brttlucu Slat crimson...l the plaits,
Yet sacred Tor ever the echoes that rung
With the strains of lAewellin, though still as the grave,
IV here Modred and mighty Cavallo have sung ;
Though nought be now heard but t►e surf. broken wave.
And still with sweet fervour and hallow'd devotion,
I mark where the Conway is whittled with
Mete be rolls over rucks his pure stream to the ocean,
And the hanks where sweet 3linstrele would carelessly
And hallooed each vale, and cash belth-cover'd mousitain.
Each stremalet that gushes t►eir furrows along—
Each wood-tweed steep, sad each clear-/owing fountain;
imps by tits liaise., sleeted is sawg.

The Dowager Marchioness of BATE is gone on
a visit to her daughter, the Cossute.. of CIIESTEE-
ELD, at Bradley-hall, Derbyilsire.
The Duke of ifEAuVOMIT, the Marquis of Wok-
CUTER, and Lord G. SW/EXALT, kit town, yester-
day, for WoodAtorE. Oxfordshire.
Lady SARAH BAYLEY left town, yesterday, on a
visit to the E.,rl and Countess oiJttiwLV, atOyterly
Park.

Cul. anal Mrs. Ilaxasca returned last week to
their house iu Grosivenor-square,froui Lancaeliire.r
ST. Gt..0111.E. (AL HAD aill gise a grand din-
ner, tins day, at his house in Wiuipuic-street, to
large. party of Fashion:ll,les.
Hcacter %% ttnut, Esq. is going no a visit to
Viscount Ctazon, at Hagley, Shittoirishire.
The Marchioness of HEADFORT and Lady M.
TAT Loa returned yesterday to their house in Stan-
hope-street, for the seicion.
The. Doke and Duchess of firtivoun are ex-
pected in tout:, to-morrow, from V. üburu-abbey,
for a few days.
Lord Fetes, stare a grand dinner, yesterdaY, at
his house Berkelev,iluarr, to the
Earl of lisaavisoue, ST. GrOItUr..CALLFIBLD, Sir
HLINIIT V. TustresT, the lion. Mr. CuveNTae.
,Ited several other persons °fellation:nun.
The Earl of Ilattowteistc. entertained a select
party ut dinner, yesterday, at his house is St.
James's-square.
Artiest. at Ruth— 4.
F.arl of Belvedere, Earl Paulen, Lard &miller, Lady
Byer, Lord and Lady Poretiesier, bir 7e.. euttburst, the W.
d'Coert, Admiral Peader, CABorl Mhos, Liest:Coloast
Pager, Major Itry. Major Eisttaer, tipjur Wardlove.
Set otf trout Eilintairuii, on cite 12th, the Right
Hon the Earl sod 4:aunt's& of floosie is; and the
Hork, Captain Boresata.—Arrival ist the lame
pietas Mrs. M•Dosisto, of Boyislatti sad family,
Major M1T,L2Li.603 and family, and Ciiriveral R.
StrettAßT, on his way to London. -
The Directors of the East-liidia Company have
appointed Dr. cHAvAs A;heLIAN to instruct
their Medical Assist:nits in the disease" of the
Indies, witu a salary of tool. per
The wnott of the Pruceeding,s of the Hoard of
Inquiry, relative to the Coventitta of. Ciiitru, is or-
dered to- be pnnted. and distributed by Govern-.
wigs

A vacancy has taken place iu the representation
of the borough of St. Albans, in consequence of
the advancement to the peerage of the lion. J. W.
GlilllsTON, by the title of iseount EoaaeSTea,
upon the death of his coasiis Baroness FORIMDTLI.
Earl SwEtsceit, we understand, has been requested
to nom:late a stiCatabor, but with a nobleness of
mind, worthy of his riputation, he has declined to
interferes

Thursday, the Court of King's Bench, Dublin,
was occupied the whole day iu a cause which has
for some time excited a particular degree of interest
in the uul,lic miod, namely, an in:tuni whereas
Lt0111•11D M'N•LI.T, Est. Barrister et jaw, ass
Plaintiff, and J 0•11111 HOUND, Esq. Barrister at
Law, was Defendant. The action was brought
fora compensation is damages, inasmuch as it was
alleged that the Plaintiff had heel) removed from
the office of Deputy Seneschal of the Liberty of
the Manor of St. Sepulchre, under the Archiepis-
copal See of Dublin. The case au roferred to the
decision of a Special ury. The Jury, at eight o'clock
in the evening,isrought iu a verdict for the Defend-
ant. with 6d. costs.
The Ticket No. 7,0f51, drawn en Tuesday. Prize
of £5O, and vititled to the produce of the Grand
Prize of 500 Tickets, was deposited at the Bank of
Erigland as per Lot marked A. No. 5,001 to 5,150
and 13,001 to 13,250, was shared in out Half, one
111u4ster. one Eighth, and two Sixteenths. by Sir
Jane. IBILANSeuIta and Co. Proprietors of the
Lucky Lotter, -Offices, No. 11, Holborn, 37, Coro-
lla!, 38, Haymarket, St. James's. and No. 269, in
the Strand, where Ticket', and Shares are now sel-
ling, warranted undrawn„ for the next Grand
Prise of 500 Tickets, for the *d Day of Drawing,
which will he on Tuesday nest, the 20th instant.
The Pulliam' sloop, of 16 guns, Captain Bal-
derston, which hadimiled with dispatches for Spain,
from Plymouth, put back on Tuesday morsiug, rn
consequence of the death of Captain Balderston,
who, we are sorry to state. was shot by Mr. Smith,
master's-mate of the said ship. The latter had
previously been in confinement for misconduct,
and forgiven; after which he had again insulted
Capt. Balderston, who ordered him below. and to
be disrated. The fatal order was obeyed ; ht went
helow, and in a short time afterwards came up on
the quarter-deck, where his Captain stood, giving
orders, whtu the assassin discharged the cootesits of
a pistol through his back, with which he fell, and
expired in about tern hours. The body of Captain
B. was brought on shore, at Plymouth, on Tues-
day, and minute guns were fired from the ship.

LAW I.NT&LLIU&ACZ:. ,* ' •
1 --........
COUla Ok' ULU:Wt.:BY, Laweeta'olaw, Dec. is.
DODDS V. I:PHTONE.
This was an appeal to set aaide the decree of Isis
. Honour, the Master of the Rolle, in this cause. •
The. circumstances of the case were, that Mrs.
Dodds, the Plaintiff, oil her marriaL:e to her hits.
band, had a deed of eettletnent esevutiel, settling
on her the residue of the iuterest of certaiu lease- •f
hold property, after the death of her hushe oil. The
Defendant war die trustee in the deed of settle..
meld. Dodds, the husband of the Plai..iiff, used
her extremely ill, quad her fortune, slid ultimateill,
in the year 180 1, turned her out of doors. et
went to the Defendant, and retailed upon him to
give up the deed of settlement, sad sold the lease-
lu.ld property ; and on his being efterwarde asked
what he had done with the settlement? he answered,
that he had bailed it, and mule soup of it. The
Plaintilfafterwards sued him in Doctors.-Come ons.
for his personal ill usage of her, and she was al-
lowed
alimony; to avoid the payment of which he
had a cominisaiou of bankruptcy - issued against
him. In the year 1106 the Plaintiff filed her hillii:
against the Defendant for his breach of trust in
giving up the deed of settlenieut, and his Houma. t '
the Master of the Rolls decreed, that the Master i'
should calculate what eke the amount of the in-
terest that the Plaintiff had in the leasehold pro.. i,
perty, and that the Defendant should pal the i•l'
. amount, far his neglect in cot perforating the trust.
Mr. Ilium. Counsel for the Defeeriant, sup. - I I
ported the appeal, on the gretted, that his Honour I
had given greater relief than she naked for. It only t
preyed, " That the trustee might be ti..liged to Übe !
all due diligence in gaining the posseseiou for the
I/efendant." It did not contemplate that the I
trustee should make restitution. If the Plaintiff
had contemplated it, ails might, by a small aineud.
meut, have made the record competent to that re..
lief, winch would have given the Defendant an op.
portunity of answering with more industry. The . .
Defendant had answered.. that he understood and
believed the Plaintiff WWI privy to the deed Of NH.,
tlitillefit being given up. if she wart not, why did I
lei: she call upon the Defeudant to pawns audited A ' 1
upon his trust, when elw was feasted out of dears tee
100 l ? Although he had given up the deed, ill'
I
would have put him we the start,. end if del did toot
recover the deed, he might have secured so much
of her husbeed's property. before he beeelue iiu.ol.
vent, as to have secured her interest. There wee
something suspicious, as although the property was
sold au laUti, yet the bill was not filed until 1110 ti ;
why let six years elapse? The Learned Conned
-also contended, that the assignees ef the Plaintiff's
husband ought to have born made parties to the
Cause, as it was verily believed by the Defendmit,
that there were assets of the baiukruper in their
hands. He concluded, by eihrerviug. front the I. s
view he had taken of the case, he did not think 1
the record would justify such a decree as that gives
by the Master of the Rolls; be therefore trusted
that his Lordship would set it aside. • I
Sir. Salm tr. RONILLY. Counsel for the Plaintiff, 4
contended that the decree of his llouour was strict.
ly in conformity with the tecord. That the bill
..i
prayed for general relief, and the decree gave that.
Tin' DettlidAnt admitted. Ay lee esewer. thoi•tis ..
had given up the doted of settlement, but that. ke 11
conceived et was with the prisity of the Plaintiff ;
that question lamisheett mein to the Master to in.
quire auto, and he.hodveported that it was not with
her knowledge; (ben surely the Plaintiff had s
right to suflis fur his own neglect ; lie had every
opportunity of inquiring from the Plaintiff herself.
It wits his duly to hare guaride her interest, and • . e
to have watched that there was no undue indesime '
wade nee of towards her, if elm even lied consented
to give up the deed of seteemeut. The DetestoU
ant was a Solicitor of that Court, end ineshe v
be iguuraut of what was his duty. lie could M.: 1 ' I
perceive how it could be made to appear, pat tbil , ,
assignees were necessary parties to this cause ; it
they had assets of the bankrupt's in their nand,,, the
Dctiodaut might recover them, but the Pullin&
. I
could not. His Honour the Master of the Rolle
considered all these points with due attention, llt .
1,
fore he came to his decision. and he trusted the
Cour: would see £m reason why his decree 'should
be altered. 1
Mr. Haar replied.
The LUILD CHANCELLOR observed, be was of
opinion that his Honour had given a correct de.
cree. it was admitted that the deed wa. lociged
et the hands of the Defendant, the trustee, and
he had Oen it up to Dodds ; this was such a pie,e
of negli• ence. there could be no excuse for it. It
was his duty to hare seen whet use he made of it ;
but this be also neglected. He was not made a
tru.tee to betray the property of the wife. but to
protect it; iusteacl of which he Rive the hushand
the effectual means of selling the premises. le
was not for ham to say, that the Defendeut, as the
trustee, might prover against the purchaser. Hs
was fully of opinion there was enough on the ,--
cord to entitk the Plaintiff to a decree. Whe her
the assignees ought or ought not to he parties, at
was not, in point of term, in the power of
the Defendant to brine that clovs6ois deep for.
ward; hut, in his opinion, they ought not, lie
therefore confirmed the decree of his Honour this
Master of the Rolls.
.........mise...—.
' COURT OF Kt \WS BENCH, Gettenaza., Dec. is.
1 --..

Day aid another a. sort andesorker.
This was an action tiront by the Plaintiffs, u
the indorser, against the Defendants, as the ac-
cepter., of a bill of exchange for 3501. dated in
Slay. 1900, and Mown at 70 days date. This ba
was dishouomed, and came back through **rend
eliannels to the Plaintiffs, whose name+ &I not sp..
pear upon the bill. For two years there had not
bees any action liftmen upon it, although the 0,
Pendants were apparently espah!s of paying. it.
Unrint this time Messrs Combe and Wain, two r.f
the indorsers of the bill, had become bank ruptal,
and no applications had been made under either of
their vommi‘sions. The defence was, that the
bill had bete given under an usurious agrerinevt,
Mtn which the Dafeanants had beers urawn in •
transaction with ars advertising money-lender, of
the name of Park, one of the pertness of Hemp
end Co. of Siou-Garden ; and that therefore vde
4. void. This case was prated by tie- evidence of
Pork, sad of Nugent, another inoney.leudart, aolm

WWI remit at the tripmetefienu The former of
these persous said the Deteminnts had •inade no
objection to the terms upon which the money wet
to isc lent, is hile the letter said that he wished to
get it spun better tenant
Lord ELtsmitosiouun told the Jury, that this
daleuce of usury, if used as a shield agenist up-
pi-egoism, was fair and uublamesble; and althuugh
there were saspiciums circumstances in the charac-
ters of the Defendant's witueuies ; yet, as legal
'evidence must be derived. from all sources, and as
there was imt oue accountable variation in the tee-
titimuy of these witnesses, together with minute
circumstautial evidence of it, their oaths must be
believed; and, thurcfure, it must he credited that
the hill was fralued itimit an usurious agrteusent.
Verdict fur the Defeudants.

COURT OF COMMON PLEAS, GviLuxasi, Dsc. is.
Spot-jai Jury.

allffeallUltY V. LoogavALr.

This was an action upon a policy of insurance,
brought by the Plaintiff, as Camarnand part owner
of the cargo of the ship Lady Warren, bound from
Cape Francois, in the holland of St. Domingo, to
London, with a cargo of coffee. This ship had
been in die service of Government, and upon her
return from the %Vast Indies had touched at Cape
Francois, where she took in the sham lading. -lo
her voyage homeward* she was wrecked upon some
bidder' rocks, newhat se called theCaicoes Passage,
one of the outlets from the %Vera India Islands, and
the *hip mod cargo were entirely lost. The under-
writers resisted the payment of the insurance, upon
tang-round/6; find, that the ship, (Insetting out from
Cape Francois, en her voyage home, was not sea-
'earthy; and serenely, that site was lost either by
the culpable maitgenee, or cant of skill of the
Pleimig, as Captain; or else he wilfully and mall-
aidiady ton her upon the rucks, in order to come
urea the uaderwriten fur the amount of his insti-
tutes.
After rradiug the deperitions of a Mr. Hyne, a
ger, who was allowed to be eximiined upon
rellilietenivgl &tad's, ou waseeent of his nee-emery absence
at dw tend, arid which Mutt d generally the circuut.
stauees Attending the less of the ship,
• Capitate Edward•Philips was called. He stated
hi had been sail' .eaptain ou Imard the Lady
Morro, ' by the Plaintiff, Gen. littig..
bury; on the el sit Nottenhe; 11'07, they ',lnlet!
front Lt. Domingo. The Mita Wary sailed at eir
Paoli* time, and they colitereir.si it. company toge-
ther from Cape Praacois as far lie the CIICOCS
Pr see. 4e .driocri.wa the course tlwy were
Obliteing. at' the tins, which made it neeeersg to
sitter their misuse GO" .rand 101,111d:I filif.CSlCOet
141144 u. *vein atmiamme Ideal, towards which
sir lard been Isertime- ,at tins time, about four
alvalms eisenSot of pluxgtalt, they row the Ildrtry
lytwg-to a-head ; they Mil. en towards the Cin-
ema Island. till about a .41,1aMer befits.* eight, when
she Witch mi. sOfile hiddeirrucka; they had sounded
* das firms before, and foand no ground ; thia.,
wet about tour Wive, frau) the *tiara: ; the rocks'
LW& dowse iu the wart were placed. about four
avdp. from the arbors. Ha bad tried the pumps
*beet an hoar and a , bait before. and there
was no water in tho bask tor line she taken
in raise Mesa she • sailesli...Kma Ness usual for
ships to do. **teethe aliip.eteac/La he sounded
tier again. sad Mem Ass no watei her. nor till
soot morning. They instated' two anchors
ant *stem, the kedge and sewellib ors, and the
al
ship held by ahem. Teem* ning the ship
began to mein, Mid tiler were in ham of getting
her idiom, wham the cables mire cut by the rocks.
They had net been *Meg more than a knot and a
.tif an bear at tbe gate she *ruck ; when the ca-
so sera opt, the wised. which beffire had been
a. Impale freshen fries the entward, and drove
ship alongside, epos the reeks. They then
at pert 'or her Cll6lO overboard, in order to
ate* her ; Ara that, her guts, and lastly cut
.ray her masts ; but every effort was vain, and she
vas finally lost, in spite of every endeavour to save
/ her. Her cargo consisted of effe tons of coffee,
I of which ism tons belonged to Capt. Kingsbury.
0., his croaasemaiination by Mr. Serjeent Bear,
he said the ship had not made any water mere than
was usual before she struck. and that there were
not more thud two pumps going at one time.—
Captain Kingsbury and the Mary were sailing to-
gether ; the Calicoes Passage was the one usual for
ships on that voyage to go through. The Mary'
was s-head three or four miles ; she did sot. hail
them before they struck. He did not know
of any signals agreed on between them ; she was
lying-to with her nano-top-sail to the mast ;it was
not the bower eaelsor they got out, they had not
time to do so. •He did not know whether their
boat might be called the long.boat, she was large
enough, arid was the same they had when in the
Government service. He denied he had ever said
that Captain Kingsbury had acted unwisely, or
against his judgment ; lie had not acted against
his judgment ; or that he had said, if he had the
command he would have followed the Mary.
Mr. Hugh Bell proved he had made insurances
an coffee by the Lady Warren on behalf of the
Plaintiff, to the amount of t 0,5001.
This was the Plaintiff's case.
On behalf of the Defendant, Captain M'Leee
was called. He was Captain of the Mary. and Ml'
been in the merchanta'service twenty-oix mop. Hea
was well acquainted with the CAOCOCII Passage.
They had sailed together from Cape Fa...s
the e7th of November. 1807 ; when
of port, Captain Kingsbury hailed him,'"MireTa
w!at pisautze he mama **take ? he *
course was set for the Caicoes Pasaage. ;
previous to their sailing, Captain B. hail payees;
to him their keeping company durin;.; the voyage;
which he declined engaging to do. On the math,
*loom . live iu the evening, he here-to. for the
Lady Warren to coins up. At four o'clock
he was about eight miles, and at live, about twelve
from the Crimea lateral, and about thirty miles
from Maiguana Island, (between these lie the pee-
sage.) Tne Lady Warren was three or four miles
aworii, on his starboard quarter, and about six Of
eight miles from Cascoes Island. She was now
eistruch to see he was. waiting for her. She kept.
atl till shit was over abreast of him. when, about-
ere .4.lrick, she hove in stars, and pat shout
tower& shore, lie observed, at the tins, if
elm kept ou that course for - three hours,

a