The British Press; or, Morning Literary Advertiser.
London, England, 1810-01-20 00:00:00

MR. IMIVRIRSIS

['VON LW momenta entNel
It dil with great grief that we aiiieettntled the
dreadful fate of this (I.mtlamats• the Britian Envoy
to the tisperor of Austria. We.have for some
tune feared that his friends were too sanguine rm ,
believing hits to be alive—they had heard of Sis
arrival et Berlin in Norms:lnv list the Trent& .
Payers fixed his death about the beginning of Dr
cetuber. They mentioned it in a wsy that excited
apprehensions, which .me did not choose to express $
they mentioned it as they did the death of Piehea.
gru sad of Captain Wright. Before we proceed
to further pm-tier:l4m we mall republish the para.
graph front French paper of tm Slat December :
" sear.ttr, exc. 10.
*4 Mr. Bathurst, lately the Envoy Extroordisary
from 4 :reat Britain to the Emperor of Austria, hes
just Minified hi* career in a tragical manner. As
soon as lie arrived here, svinptoms of messily wars
ilitei.irred w him, tht his pianos through Perle.
berg, thi•se -.lBripto‘ts. assutneil a wore fatal cha-
racter. And since his riesatrtesse from this city.
as hove heard that he has put a period to his es..
istencr."

suruething like the OHM terms did the Prencb
Prewrs M1111011111:e the death of Caputo:l Wright.—.
lie thscoverert s)moloins of toenail upon hearing
of the Atuursdu defeett and he cut hut threat.—.
Thus perutheff tort goilieut Aker—thus lute pvrieb.
rJ that exceilcut Eutibeittatu. Mr. Bathed • but
(wither of thew, we feel convinced, by tbei•wwie

•

It aprraes by intelligence received, as we ender.
stead, in this country, that Mr. Bather* IA
Berlin, with passports from the Prussian Goa
vernment, and in eacelleist health, both of Irked
and body. He was to proceed to Hlimbpriba
embark fur this country—but Harisbutgli_bs meet
reached. At some town near the Fretsch-Arritoffea
he was seised, as is supposed, by party IF rem&
soldiers. %Viola happened afterwards ssAet mega
rawly knotse. His pantaloom, have hove cooed
near town where he we, seised, rod a letter is
them to his wife; but sothisig else. The
.Preila
rise Guvernotieat, upon receiving the iatellipeesa
evinced the deepest regret. and .offered a large It
ward for the discovery of Isis body—No mecum
however, has yet attesided the offer. Samseisie
will universally fad upon the assassin of Copilot
Wright. That his pastaloons have been rated.**
impute to the wish to have it believed, se tbe pet.
of Bona carte, that be hod brew carried eir relbvi
bars. But why carry him off? Robbers
tie
murder—batand sometimes urder—bat to carry off t Buoy -
would only cucumber and expose them to deteetiors
Besi.hs, if he had perished by the hoed. of robbery
how came the French Government to announce that
he had put an end to his own life, an assertion whick •
the Prussian (ioverstment contradicts, by offeliv es •
reward for the discovery of his body.. Had
violent hands on himself, there wee uo area Is ear
al., remora. Hi+ body ssonld have beets loused
whale the suicide was entesuittell. Whether he
yet lir -a, we know not--it Hwy I.e that he may
hare I.ceil carded off to Paris. and there threes
into the Tempe, to be bnichered as Picbcgra. and
Touis,aint, and Csidein Wright. nem.
Thur-d iy. the I)uke of Mootaosie pee a read
dinher to Earls CANlnall rad ileaaowire,
and sixteen others:
The Earl and Countess. of Dealt, earl Lord eel
Lid). STANLIT, are eatpeeted, this day, at their
house in Grrosvenor.aquare, for the season.
The l)nke of Newt:ems has taken Lord Poo
tax's 1101111 e. in Hill-street, Berkeley-.guars: for a
}ear. His Grace will take posseerioa ou the tat of
next mouth. His Lorvl.hip and family mesa le
retire to Whitby-court. W'orcesterebite.
FAIIIIIONAILI Anal/Au in Anita, ter the maisem,
yesterday :
lawd and Lady eramille towers* Geyer, to their hems
is Stanhopeetreet, from Chiswick ; the LA at Serry,
Awn a twit to Lard Ikeylwiioke, at Audtm.Kaii,..al
the Deemer Lady Amherst, boas
sad Lady HftreWllloii, at their horse, Illaaniree erre, Au .
Yorkshire ; Earl and Cosiness Cowper, is Georist.thieusas
Hanirer.oupsere. from Herifurdshire ; sad Ws M. Parker, se
Isirkhata's Hotel, lime Millfarilleall, Raise.
His Roya, Highness the Prince of Wates eve
a splendid iliiii.er, on Thursday, in honour of Hee
MAJLITY'S Birth-day. The followiog were ammo,
the guest• :
Earl St %lucent, Lot* Keith, Lord F.ralriese, Arthur
roman, Sir Samosa Humidly, Sir Thomas Dyes, Queistal
Halm, Colonel M•Mahow,Colostel Illoumdeld, Mr. TPrissells
Mr. Adam, Mr. Jekyll, Mr. Garrow, It, She. idea, Sr.
Richard Geay, the Robert Gray, Came Thomas, siosesnil
Turner Mr. M. A. Taylor, Calomel Compere, Culouel Illydc„
Calisati Dalrymple. Major Ficetti, General I.rat!jgliaia.
Duke, Colonel Walker, Meijer Thorntea, Ca
ma, Mr. Bickaell, aid doe Ker. Mr. itteraborg.
A revival of /At Conscious Lovers displays the
taste and judgment of she klanagers, and there is
no doubt hut full houses sill eon illy display the
taste and judgment of a rosureimis
Mrs. Kt:MIMS is engaged for a few 'Abel at the
Newcastle Theatre. Her first ii•iiw.rentec will be,
this night, in the parts of Opltelia he the traeedy id
Hamlet ; and Mew!, is the Farce of Pespius Tom.
Sunderland Theatre opened for the seerois, ea
Tuesday, the 9th. for the benefit of 'tilers he-
longing to the port of Wear, with the Comedy of
The Rivals, and the musicsl entortatonteat of 4,11/
Age 10-ritorresc.
MatlAnie CATALAN! is engaged for Ann. sight set ,
the Gle.g.,w •flumatre. Her MIA appiserisoce well be •
this
Such visa the singularly mild state of tlArereos
ther, that on Thanmlay te'attiisht the cuckoo, that
general harbinger of sprit% was heard on Wellman
coppice, tee street distance from Bowden Wharf.—
A !sonde+ nest, stilt four egg. in it, sod the hem
tothmc 111•4111 them, was also found on the lame
I day. so thy ovighboorhool of Leek, Staffordslitre,
shoe of the et.lde4 situations in that county.

-.....--
The foltowisz raehiascholy accident hsopenol at
arid, nem; Stourtonlige, lately :--Mr... Watottolito
wife of %tr. 1,1 *Loan., of that Once, (both of
nhom seea.leaneerl to !earn, and extremely i. fief,)
haring otridetitelli wetted her gawp, was holding
it to thr we to dry, wi.e.► atifottonately caveat
are. and not heinK soffit.. oily irSiee to extianctosh
the ailing., she *11• hunt in is dreadlol a tatitunr
.•
that she eicutresl tne twit mortsiag ! At the tone
of the accident, Mr. 11 A 11.10110 W WWI fining by the
fire. but trine entirely lielfileita. hr hail 'bestow4a
iig sfl oi hie safes suffernexa,, eithi.ut
leans alsic to amyl Lot tlairgighest osoutacee.

4,

LAW IN f'ELLIGEACE.

V 391120/ 1112 M's BlNclt, GuILDILALL, JAN. 19.

Nioi Pries, ,((lore Lord VALEt so-
laVisig. amid ci Special IN:- y.

sitta t. wit.t.tAutwe.
Th% went an attiou to recut er tiarniicea for an as
and cruelty.
• Mr. Atroapey-Gcmciut....id, Ova this was
• mew -aAgrevated ct.e. The Plain,itY had been
do board the shier (loam, au E luJiainJo, in
the cAparity of shapjuitier ; the 1.) 1, lid ost was the'
Commander of the ship. Oa the ituh of .lay last;

ow the ship'd home OrlaltlUl3.l 1144* tgrb the Piens-
tiff, who had been between drek• at work, came
sport tht spar-deck, when The °erred/tut ordered
two of the forount,t wen to *eax hod); he then
celled the boatewetn, and nude lion give the Main-
.

;ife twenty blows wiih,s.titiek rope. —The rlisitititi;
itste4 tint simmer, e.ked the Dereutleet whet

.11.•44 floggea far. as he had barn II great num-
r of voyages at sea. •aud h.nt sailed with as
. CI10;l& as there were out 0. England, aml
11..1 ieee:r.ea it blow? The a-fendlut rertied,
it). Lilting up the rape -which the bortoraiat had
tovlareaved,and Iteattim the Plaintiff most umnerei-

fully; the ;oder the rope struck him on the tem-
ple, aid laid it open—it bled most profusely. lie,
the Atteraey-Geueral, would prove, that his client
gave uo provocation for this trettnent : that he
addressed the Defeadeut io the most respectful,
and peen the most humble manner, using the ap-
pellation of " your honour." The Defendant had
rat iu a plea of jo,titication to the declaration,
whicit we., that the discipline of the ship requited
the chastisement. This he denied. There was no
man who would sooner standforth iu defence of dis-
cipline thin he would; and he was well scare that
it wan the good discipline that was preaervel on
beard our ships that made our maritime furoe su-
perior so sit others; but cruelty Cu as different
boin Jimcipline std geed order as disobedience was.
The Plaintiff, fur some time Mfore the outrage was
torrnatted, was in bad health, which should
hove entitled him tieiodulgener. It was too often
the cue, when a men got th+ command and con-
ttool of a ship, that he forgot he was under the
pveriiment •; the 1.1 w.. of lascoantry ; such actions*
a- i lt- pre -eat, were, in his "pinion, moot whole.otue ;
far, ti the natural dispositions of persons ph. et-1.1 in
the .ituatioo of the Defentlatit,•ditt not allow them
ten,,w what tioni.:y ans. a Jury of their coun-
trymen, by their verdies,would at least teach them to
be conduits in giving way to the cruelty of their pas-
slot... As to damages, he did not ask for vindic-
tive ones; but he required those that would deter
others from being gray of the some kind of inhu-
manity. The Jury would consider that the low-
eve individual on board of a ship was to be

equally protected by the laws of his country, as
the highest, if he fairly and honourably did that
duty he rn:ered noun an engagement to perform.
Trey would oho COlll der it was the duty of the
Defendant, the Captain of the ship, who, in the
absence of the I to, was pieced iii the aituation.of
• judge of equip, and otiztit to have protected
his injured client Irmo the d!-usage of his iliferier
°Seer.; as long as he dal his duty, hutted of
con-
drmutng. without a exo.e. and then becoming the
cot 1111 l ou executioner htm.rif. Uu.ler these consi-
derations, be hail ant a doubt but they wmiid give
the Pl-..'•-..;ff those damages which his ease so loudly
called for.
This statement was folly eprrohorated ley four
witnesses, who were sailors on boded the ship; our
Of them. of the name of Smith. en hi*
cross-essiniiiation, Mid, that he had brought au
actina against the Defendant for au *smolt. on the
54015 VOyll:re, soil get a verdict for 1301. bat that
the other three %tummies did not give mideuee on
that action.
hie. Osaeow, in defence, coutended, that it was
mere combination of tl;e crew to roils the I)efelid-
dant ; they were 111le,LIOUr. rod lie tumid it iseces-
airy to suppress that spirit ; he *meld• prove lira
the Plaiutiff had riot received any injury, but only
received that. kind of dissfisement which was ne-
eessery to support discipline on boon! vessels, i. huh
were hound on loug voyages ; if he proved this tic
had mot • doubt but the o;fenilaut. under the di.
recticm of his Lordship, would lie retitled to thetr
vrrd:et. They would hear in their recollection, it
they were of • different opinion 11Q.11 1111117. mud
gave • verdict fur the Plaintiff. tint not our shillia;
of the damages would go tato ha. pocket ; for, in
feet. it was not his action. but that of hisAttorory.
He then proceeded to call his witliesses.
The Boatswain of the ship deoosed. that the
beating he gave the Pliireitt by the order of tier
Defendants was merely ishat was ileimaileete4 a
Nal*: sad he understood. it was hecasi.e
Plaioalif refused to lend his tools to the eosin,' ;
and that he gave as • 'mum fur refusal. Shit site
last he hail last, the carpenter spoiled. The
said something to the Defendant. which the suitors,
supposed was disrespectful, which mode him strike
hon. He did am perceive his temple was cut.
O.t bits erviss.exationation., he would not under-
tali, M siar, the word.' made we of by the Plaiuuff
were disrespectful, and his temple might have bees
cot witkont his seeing it.
rae Surgeon deposed. that, the der after the
awault. the Plai stiff applied to him for medical
awast aisce. but he did Rot give bins any. not con.
imilerMg Isis situation required it. lie hail malty
.it twelves on his back and sides but the akin was
not 'stolen ; his temple might have bees cut. but
he, witness. did nut ire it.
lit. Arroaete•Gsotast. replied, and dere.
cited the kind of defeat., attempted to he set up.
to tiring mesa forward to tell what they did not hear
or w4e, whets there were intlf witnesses, who swore
wait:vele to what they did both bear and see.
Lord Et.i.ettioantiab 4UIDITIP4I up the evidence
with 111, usual perspicuity, and observed, there were
toot witnesses for the Plaintiff, uncootradictest ; ir
Shoat of the Defendant spoke only to what the> did
not +et.; to has opinion they moot give • verdict for
the Plaintiff; as to damages they reinained es-
lurih with the dory; bat he could swot help raying,
that it was mit • cage »loch called for lightdousages.
'Ph., without limitation, gave • verdict fee
the Platutiff—dansaresl3c4.

S tt% -two •01.11trs met:resod.. Legion. brought
,c Tellt4 in the lirdAv. where they hod
cetifinegi pneort. were I .inued Wofiagoday
ou.l lied nit* y.ingiouth

EDINIRTGII, hit. 13.

HIM COURT OF JUSTICIARY•

Tburvplay, Juhi Dande or Doe:lie, now or Wyly
private soldier iu the Fileshire Regiment or regular
Militia, was Wed for murder and robbery. lie WAS
accused of having, ou the night of th♦ tith of Oc-
..

tuber last, accuinpia uied Joialiolvie, jun. maws in
Ceres, from the houseuf J+,ok3 Ireland, Change-
.

keeper near Cuper-Fife, ota his wry home to Ceres.
'•" • •

and. of having. iparbarou,ly •attacked Huaie•, near
Pitscottie 'Planting, wish a stick or stone, cod of
having Lesstell him upon the head and other parts of
11:s body, aa4 of Inning, afterwards robbed hint of
391. lading.; and of the aforesaid blow given him
Ly the Prisoner, Howie died a few &vs thereafter.
It appeared front the evidence, that,sin Oct. 12,
being Cupar market-day, it number of persons,
among whom were the deceased and the prjsoner,
were drinking at a public-house, at the South-
bridge of Cupar. The deceased bad thet day re-
ceived payment a( 341. and signified his intention
f *baying all night, as he Said he sometimes went
into a house nn the road, where he was apt to drink
too much, and might in that 'Attie' losa his mo-
ney. This was said in the bearing of the family
; but although the deceased was told he would
get a bed. he changed his mind as to staying all
right, and left the Louse, with the rest of the com-
pany. between two and four o'clock in the morn-
ing. He wo by no means sober at this time. al-
. though ht could stand. The Prisoner was one of
those whri went away with the deceased ; but a short

time sifter this be was been standing within the door,

leaning his head to the oldie and"holdinir hie hood
on his breast, saying, that some person riod struck
him es he was going out of the door. Ile stopped
after this about a quarter of au hoer. and, when
going away. he called out, " Where is the man who
was to stay all night ?" meaning the deceased; to
which the mistress of the house answered, that he

knew very well he had gone away some time ago.
The Prisoner then left the house, in company
with another men, and joinei the rest of the party
at the toll-bar, where they stopped some time, in
consequence of a scuffle between the toll-keeper
and Alexander Trail, one of the company, who was
knocked down. Trail was raised up by mine person
present; but not being able to stand, he egain fell
down, where he lay for a considerable time.
The Prisoner and the deceased having gone down
the road together. one of the party said, " he was
afraid that the former had accompanied fbe latter
to 'sick his pocket:" ou which they all agreed to fol-
low them down the read, where they fell in with
them at Ciptaio• Reid's planting, both standing
close in by the dike, bolding one another by the
dem. One of them said to the Prisoner, that he had
better leave the deceased, and allow him to go home
by himself, but this he refused to de, saying he would
see him home, and the deceased expressed a wish,
to the same effect. The Prisoner also said, he had
ffiendfat Ceres whom I:e wished to go and see.—
The rest of the company then left the Prisoner and
the deceased; and, en going away, one of them
said. " if you go home with bun, take care of him,
but if any thing happens the roan. don't blame us."
The party then returned towards Cupar. On their
way, they met Alexander Trail, who wits anxious
they should return with him to punish the toll-
keep. r. which they declined. and left him. They
got to Cupar at five in the morning.
The Pnsoner, when be vomit with the deceased,
was dressed in a short blue coat, corduroy breeches,
and dark stockings; he had a pair of linen trowsers
wrapped round lus waist, and pored spots or marks
appeareel on his breeches; he was a little worse of
dunk, but not so bad as the deceased, who was very
drunk. The Prisoner. on this occasion, also ap-
peared to have a sore or cut finger, as it was
bound up with a piece of linen.
Betneen nit and fovea o'clock on the morning
of 'lie 19'h October, the deceased was found (about
tio yards *lei,' the Pitscottie pleating, on the
Ceres I'M I. a r. 'e from Cupar) at the back of a
bush, with a Me%•,:e wound across the head. There
wits a good deal of blood where he Inv, and also
iu diff rem :places ea the raid 'sear the spot. He
was soon after carrie Ito Cerro. His pockets were
scan hral, in which only one halfpenny grim fouud,
and his watch. He had a large Exultation on the
1-ft side of his head ; his skull was fractured, at-
teaded with a considerrade ilepressiea. He was
trepanned twice, and died ten IN twelve days after
the Jay he was robbed, of the wounds he -bad re--
ceived. When questioned ma the subject, he an-
.erred very incoherently. At one time, being
iasked if he knew who bad used him illy He an-
swered. that he did not; but thought there bad
Breit tan of them; and, at the time this answer
was given, he was perfectly seiriible, and knew all
:mount him. lie was also asked what company be
lied been iu? but could mat tell ; neither did he
know the person of the Prisoner. He recollected
twine knocked down. but nothing after.thi.. Said
lie had about 301. on him at the time, of which be
was robbed.
priori the deceased Will carried away, Alexander
Trail crane out of the wood, utriut 200 yards ii.stant.
on the opposite side. who was immediately accused
of the cnuse : hut he denied any knowledge of it.
.rid appeared to he in likpieri at the time. There
was a blemish upon Trail's cheek, and the back
quarters of his shoes were down.
Two witticism demand es to meeting` Trail on
the Ceres-road, on the morning of the lath Octo-
ber ; he appeared stupid, from the effects of liquor,
and trembling with cold, having been asleep In the
planting.
A I exander Trail deponed, that he had drank to
much through the day of the lith October, that
he could say little as to what passed. He did not
see either tie deceased or the Prisoner, after the
snff ile at the toll-bar. until he saw the former ly-
' ini in the wood. islet he had been discovered;
tsen*her did he know *hat road either of them had
taken. After getting up at the toll-bar, and on
his way home, his shoes having pinched his feet, be
stepped into the planting, on the west side. to put
them down behind, where be fell asleep, and did
nut wake till the sun was well up. He then heard
a noise, and, on going out of the planting. some
one nod. " There is the man ;" but the witness
slid not recollect what answer lie gave to this. lie
was very cold, from lying on the ground, and
trembled much; but he had no suspicion who had
committed the deed. He went home to bed. ant
of which he, was shortly after taken by a Sheriff's.