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London, England, 1803-07-06 00:00:00

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should not have thought it decent to have done so—
they had been desired by his son to wait upon him,
and they should have considered it uncivil to have
mentioned to any one else the subjeat of their visit.
Lir. Barnett flew into a violent passion, told them
they were damned scoundrels, and that he was sure
his son owed no such motley ; lie followed up his
words by seizing the Plaintiff by the collar—the
Plaintiff was a veey slim man, while the Defendant,
on the contrary, was remarkably athletic ; h: pulled
the Plaintiff backwards and forwards, till at leigth
some female of the family interposed, and exclaimed,
Barnett, what are voteabout ? For God's sake let
hint go ! Don't kill him ! The Defendant continued
his violence, and drove the Plaintiff and his brother
into the street. In answer to this charge, Mr. Bat-
nett said he was justified, for that the Plaintiff and
his broth; le without his consent, intruded themselves
into his house, and were making a great noise, and
that he gently laid his hands upon them. fie was
sorry that Mt. Bernett, a respeatable gentleman,
from whom lie had received many briefs, should
have obliged him to state this in Westminster-II:di.
He thought he hail disgraced himself by so doing.
The Ilaitalif had addressed hint in as civil a man-
ner as any of his Learned Friends could possibly
address his Loraship. It happened, that the Plain-
tiff and his brotaer had left their walking-sticks be-
hind them, and they returned to the Defendant's
house for them, but the dooe was firing in their
faces, and Mr Barnett damned them for a couple
of rascals. If the Defendant could not make out
his justification, his conduit was that which the
Jury would doubtless resent. He should prove, that
in consequence of this assault, the Plaintiff was af-
fliated with an inflammation in his chest, and a
spitting of blood, which prevented him attending
the surgical lectures. The Jury wet c men of honour
and discretien, and he eepeated they would give
bim an handsome verdict. Ile did not desire them
to press heavily upon the Defenaant, but he trusted
they would think he had a serious reckoning to
payM.
r. Stratford, the Plaintiff's brother, proved all
the material laats stated by Mr. GalToW.
Mrs Wood, who lived in the same house with
the Plaintiff, said, he was in the habit of attending
the hospitals. After he returned from Barnett, he
had the appearance of being in pain ; he was unable
to attend the le:lures for near a fortnight ; he was
afilialed with a cough and spitting of blood, though
befiare he had bee.: in perfeel health. On her cross-
examination she said, he had an inward hollow
cough, so that she could hear him up three pair of
'stairs.
Alt. EPSKtNE said he was counsel for Mr. Barnett,
a very respeatable member of the profession. Upon
the evidence already given, he trusted the Jury
would be of opinion, there was a disposition, on the
part of the Plaintiff, to overstate and magnify the
case. If they thought so, it would administer a
sort of caution to them, with regard to the credit
they gave to the testimony of the witnesses : at
least, it would induce them to arrest their judgment,
till they had heard Isis witnesses, and, in the meats
time, consider the probability of the case. \Vas it
possible that any Gentleman, without the least pro-
vocatien, should have condualed himself as it was
stated Mr. Barnett had dune. lie should prove that
the Plaintiff. and his blather had refesed to go out
of the house of the Defendant, and had called him a
pettifogger, and raised a mob about the door, upon
which he had pelted them out. Every man's
house was his castle, and if the Defendant did not
chose to have his privacy disturbed, he was
jus-
tified
in using trace to expel them.
Lord ELIANBOR ()UGH observed, that it would be
impossible for the Defendant to justify the assault
upon that ground. The plea stated, that the Plain-
tiff entered his house without licence ; but the fa&
was, that the Defendant's servant was stationed at
the door to admit those who applied for admittance,
and he had shewn the Plaintiff into the parlour. It
could not therefore be said lie had entered without
licence, or against the will of the Defendant. The
plea should have stated, that the Defendant being
in his idouae, and behaving ill, he had desired Lint
to withdraw.
Mr. ERSKINE then proceeded to advert to the
evidence. Ile observed, that there were some pro-
positions so absurd, that it .was unnecessary to re-
fute them. If the whole College of Physicians
were to come into Court, and swear that pulling a
man by the collar would give him a cough and
make him spit blood, he would not believe them.
The evidence of the old lady, Mrs. Wood, was
quite ridiculous. She would have the Jury consi-
der, that the Plaintiff's inward hollow cough, which
she could hear up three pair of stairs, was owing to
Lis having been pulled by the collar of his coat.
Lord LI.LENUOROUGH said, it was an insult to
the Jury to attempt to induce them to believe that
taking a man by the collar should have the effect
of making him spit blood, and producing a deep
sepulchral cough. The Jury would not, he was.
Persuaded. give vindictive damages, merely because
it was stated the I klendant was an attorney and had
behaved ill; they would give such damages fur, the
assault as the nature of it dominate".
'I he Jury consulted together, and gave a Verdisat
for the Plaintiti—laimages 101.

Lotirt 17. tORIEII Al'ID ANOTHER.
TM: was an aclion by the Plaintiff, a Frenchman,
to tecover 6001. of the Defendants, his brothers.
The demand was proved' due upon an account
stated. The witness was a Mr. Bois du Vin.
It was objeded to his evidence, that he was an
alien enemy.
Lord ELLIINBOROVGII said, it appeared he was
not an alien enemy before the acction was brought,
and therefore his evidence was admissible.
Verdid for the Plaintiff.

The offer made to raise a corps of Leith Volun-
teers is accepted by Government. The corps is to
consist of WO men.
On Wednesday COL DIROM. attended by other
officers, measured the ground for the encampment
on nose'burgh Links, and allotted the ground
for the regiments as follows :—Forfarshire on the
right—Dumfries-shire the centre : and the Edin-
burglishire on the left.
The artillery are to be encamped on the Links at
usher-row.

•zl-477.

~.

FROM THE LONDON' C,IZETIE, .5.
Adm;ralty-Office. , jetty 5, 1803.
Copy of a Letter I a,,, Admirszair John ColPoys. K.B.
:::::»nander in Chief of His Majesty's Ships' and
Vessels at Plymouth, to Sir Evan Nem'', Bart.
dated the Ist Instant.
Sia,
I transmit, for the information of the Lords Com-
missioners of the Admiralty, a letter from Captain
Maitland, of His Majesty's ship Loire, giving an
account of the success which has attended an enter-
prize be sent the boats of that ship on, under the
orders of Lieutenants Temple and Bowen. The
good conduet and intrepidity of the officers and men
employed on that service, make it unnecessary for
me to add any comment, persuaded that it cannot
be lost sight of by their Lordships.
I am, &c. JNO. COLPOYS.
Lo;re. of L' Isle de Bat,
StR, June `B, 1803.
I have the pleasure of informing you, that, last
night, three of the boats of His Majesty's ship
Lo re, commanded by Lieutenants Tc:nple and
Bowen, in a most pliant manner boarded, and, al-
ter a severe confliit of nearly ten minutes, on her
deck, carried the National brig Venteux, bearing
four long eighteen pounders, and six thirty-six-
pound brass carronades, commanded by Mon:.
!v:ontfot t, Lieutenant de Vaisseau, lying close under
the batteries of the Iste of Bas. _ _

W'h:n it is considered that the Venteux, perfeEtly
pepared, manned with eighty-two men, all of
whom were upon deck, and coveted with very
hi-avy batteries, was opposed to the crews of two
of our boats, (al tne third, front rowing heavy, did
not get up till the brit; was completely gained pos-
s:ssion ot,) I feel confident that you will view it
in the light that I do, as one of thus:: brilliant ex-
ploits which add lustre to the British arms, of which,
though so many instances occurred during the late
war, no one has before been happy enough to have
thrown in his way during the present.
The succesg of Mr. Temple's daring attempt
speaks suttic!ently for his condut9, and that of every
one under his curnmai.d, to render it superfluous
fin rue to enter into any eulogium on the present
occasion. . _ _

Mr. ii idges has served his time, and passed for
Lieutenant nearly a-year ; of whose comhui Mr.
Temple speaks :a the highest terms, together with
that of every officer and man under his command.
I am very sorry to add, that the loss on our side
is rather heavy, as Mr. M'Gwire, the Boatswain, is
so severely wivnued as to render him incapable of
ding his duty for a considerable time. Four sea-
men and a marine are also badly wounded; two of
the seamen, I fear, past recrwery.
Die Ircnir x had het second captain and two
seamen killed : the captain, with four officers, all
shy had, and ti:;h: wamen, wounded. She was
stationed at the Isle of Bits, to
guard the coast, and
regulate the convoys of stores, Stc. bound to Brest;
is i vessel of large dimensions, being seventy-four
tee: long and twenty-four wide, and perteffly in a
condition immed*ately to be employed.

. .
1 have the honour to be, &c.
F. MAITLAND.
Sir John Colpop, K B. E.‘.fe.
Admiralty-V•e, July 3, 1801.
Copy of a I.ts..er from the Honourable IF C9rn-
wahos, /dmiral of the Blue, to Sir Evan Ne-
pal?, Bart. dated the 2(;th of last Month.
S R,
You will be pleased to lay before the Lords Com-
missioners of the Admiralty, the enclosed letter
from Rear-Admiral CaMpbell, informing me of
the Do, is ;L:ving, on the 24th inst. captured a small
French Privateer, of twenty-four tons, called La
Pe agie, mounting four guns, having on board 37
men, from Nantes, on a cruize, and had not taken
any thins.
I have the honour to be, &c.
W. CORNWALLIS.
His Majesty's Shp Culloden,
SIR, gime 125, 1803.
I have the honour to inform you, the Doris yes-
terday afternoon captured, in shore, a small French
Privateer, of twenty-four tons, called La Pelagic,
mounting four guns, and having on board thirty-se-
ven men, front Nantes on a cruize, and had taken
nothing
She came through the passage Du .Raz, and in-
tended to have gone through the passage Du Four
into the Channel.
Captain Pearson has scuttled her by my direc-
tions.

I have the honour to be, &c.
GEO. CAMPBELL.
Honootrable Admiral Cornwallis,
&c. fec.

BANKRUPTS.

John 43arlow, of Manchester, Lancaster, grocer, to sur-
render on the 21st and 22d of July, and 16th Aug at three,
at the Commercial lain, Manchester. Accords, John
Sharpies, Withy-grove, Manchester; air Mr. Ellis, Ceirsitur-
street, Chancery-lane.
William Tolley, of Dudley, Worcester, victualler, to sur-
ren•lur on the IRth and 19th of July, at four, and 16th August,
at ten, at the Swan Inn, West Bromwich, Stafford. Attor-
nies, Mr. Bourne, Dudley ; or Messrs. Wallington and Small,
No. 3, King's-Bench-Walks, Inner-Temple.
Joseph Steel, of Liverpool, Lancaster, liquor-merchant, to
surrender on the 26th of July, at ten, and 1 ith and 16th of
Ant;. at eleven, at the George Inn, Daleditrea, Liverpool.—
Atturnies, Messrs. Langan! and Dale, Stoelcamt; or !Messrs.
Cooper and Low, Southampton-Buntlines. Chancery-lama:.
Francis Byrne, of Birmingham, Warwick, japanner, to
surrender on the '2.2d and 2Sd of July, and 16th August, at
eie :en, at the Stork Tavern, in the Square, Bir glum. At-
turrnes, Messrs. Barker and Hunt, Birmingham ; or Messrs.
D:von avid Tooke, Gray's-laan.
John Sdragg, of Birmingham, Warwick, linen-draper,
to surrender on the 18th and 19th of July, and 16th of Ails.
at tea, at the White-Ilaet Inn, in Burton-upon-Tient,
Staffed. Attornies, Mr. J. D. Fowler, Burton-upon-Trent,
Stolfordshire ; or Messrs. Owen and Hicks, Bartlett 's Buildings.
DIVIDENDS.

July e 7. Edward Ashecofl..UToort Eastover, Somerset,
shopkeeper, at eleven, at the Red-Lion bin, Somerton,
Somers?t.
Aug. 8. Edward Mundell, of Scarborough, York, corn-dealer,
at eleven, at the l'yeal-Bull Inn, Scarborough.
July 26. Edward Pemberton and John titillating, both of
Liverpool, Lancaster, merchants, at eleven, at the Globe
Tavern, John-street, Liverpool.
July 19. William Watson, of Fenchurch-street, London,
merchant. at ten, at Guildhall.
July 26. limn Atkinson, of Great Leonard-street, Mid-
dlesex, mahogany dial-maker, at one, at Guildhall.