The British Press; or, Morning Literary Advertiser.
London, England, 1807-03-23 00:00:00

.
SUR R Y ASS 17. LS.

eitiosenti, striate 21.
VOLUNTEER colas.
DREW 0. SMITH, ESQ.
This was an a:tion of brought by the Plaintiff,
a tradesman. residing at Richmond, agaiest the
Defendant, for an assault and false imprison-
ment. td whicn the Deerndant had pleaded, first,
that the PI fintiff had committed the first assault;
and se:ondly. a justification; inasmuch as that
Plaintiff, being a Serjeant in a Volunteer Corps,
had refused to obey the Defendant's iirders, as
Colonel of such corps, and had condußed himself
in an unsolders-like and impudent manner to Defen-
dain.hia Commanding Officer.
Mr. Seljcant Beer. in a most el' queue address
to the Ccrart, stated the case, which he represented
of the last truprntauce. HOS only to the whole of the
Volunteers et the United Kingdom, but to the •
public in gen. sal. Snare tire? since, the corps had
received alders to attend a general muster before
Lord 011Si,.W, the Commanding Officer of the
dietti3, and the Defendant having expressed a desire
to see a full muster, the Plaintiff, although only two
days rectivired from a it of sickness. attended.
Daring the court* of the evolutions. the Plaintiff
rec •ived the thanks of the Colonel for his prompt
performance and attention to his duty; it hap-
pened, however, towards the cloth of the day,
that. nom over exertion, the Plaintiff felt him-
self considerable eithensted. end that, in wheeling
his company into hue, he became so faint and over-
come by ta tigae, as to be unable to keep up with the
company he commardsd,upon which the Colonel de.
sued ban to '• siep sac" The Plaintiff declared he
. could not. and that he was ill; upon which the De.
. fondant said. t• then you had better go home."
Plaiersti recited, l• Ii teat is your pleasure, I will."
This gay- the C.lcniel (who. it was stated. was of an
initeele disportinn) great displeasure. and going
. up to iietjeatit Drew, he informed him he did not
choose to be replied to in such impertinent lan-
and that he would put him tinder arrest.—
Colorel then desired the Plaietiff to sit liver his
alher• and sword ;• the Plaintiff said, " there is
r.s nett, take it, that belnegs to the King; but
swerd is s.iy property, you shall not have it.
teee i by mice;' upon which the Colo-
Coe and in attempting to wrest
1, . •, a cisfile eusued, in the tonne of which
tweeted a shnrt distance from the
Ptai.diff, and exclaiming that he would at Mm
`down, it he 'dither resisted. drew his sabre, and
struck hen two violent bums with the flat side.
One os these, aceetoing to the Counsel's statement,
*was aimed diteetie at the Plaintiff's head, which,
hie for the fdrtteiate intewpcsaion of the Plaintiff's
erns, might have deptited the Plaintiff of his life. and
sidle:it I the A/et:instant to* charge of murder. After
thie,tiie Defendant got behind the Plaintiff, and cut-
ting the sword belt in two, secured it. The Plaintiff
was elm marched by a file of men to the parade of
.the c offhand told by Defendant, if be did cot apo-
logise for his ill conduel., be woe's; confine him in
the black hole for that night. he Plaintiff, sinking
with fatigue and iiiness, and mkt the influence of
the theme, cs.neseted to make an apology. His
sword was pl iced on the ground, and the Colonel
told him, lie might take it up and depart. The
Pletnntf. as to SUAL it up, exclaimed. " I thank
you fur what is my own." Upon which the Co-
In el it he did not hold his tongue, he would
stuff a pocket ban !kerchief down his throat; and
as the Ple;nittl lett the Parade, the Colonel said he
was a vagalsend, 411,1 a disg:ace to the clods he
.wore. The Plaineil reached his home, and was
cenfis..ed to several weeks.
Several pie tics in the corns proved the case.
Mr. GA i:RUW, 111 a vet y atie speech. entotcel the
propriety id .t tial,l discipline in the Volunteer Corps,
and came/Wed, th it st :La Cotnnel true ;oar,
was of necessi•y cittepeiled to di. The Plaintiff
and Defen.iant were at ~sue when the Lamer re-
fused td give up his sword, and that it was abso.
lately necessary, as an example to the whole corps,
that the Plaintiff should he made seesibk of his Im-
proper cendue. He also insisted, that whether
Vilenteers cr Regulars, it was necessary the Corn.
manding °dicer enuirld ceimpel obedience, without
winch the I'n:it:neer Cares would rather be a bur-
den than a service to then country.
Several witnesset. principally Officers in the
corps, Were then ceiled, for the purpose of proving
the fist assault to have been committed try the
Plaintiff; but :t app:ared horn the whole ot their
s: Asment, that tee Plaintiff had only resisted the
Colonel, by ; u.i.ing hie hand down when be at-
tempted to Lake Ic etainrif 's swot d.
The reply ut Mr. Siejeene Ilas r, in as animated
a srvech as we l.are ever heatd• reprobated the
conduct of the 'attendant, in time strangest terms;
wbich tended, lie osol, not only subvert the vo-
Itintrer system, but degraded- the chatattler of a
Ileitis!. Officer It the seine of an English mtujefl.
vibe volunterted his services tor his King and
rout:arr. and to protect those laws to Which the
Plaintiff had that day at peeled. was to he broken
by such aft. of Tyranny and oppression, he was per-
suaded but few would be toutil to come foreinvd err
their defence ; he hoped the Jury would coolion
that statement by their te..dirt.
Mr. Justice Pi e•re, alter recapitulating the
evidence, rernetked, that there seemed to be two
parties in the regimen , one in tee officers, and the
other .4 the privates. which laccouautd, perhaps, for
the slight venation in tie evidence. Lt had bees
proved by all the WllDell-C4, that r • Defendant had
etritek the Plaintiff twice with his .word, and that
he has; been °bilged to cep tbaek, in order to draw
his sword. tio AB et earitaassae bad specii:nlly

stated the punielquent Commandirg Officers of Vo-
lunteer Corps were authorised to inflia, nam-ly, to
patthe offending parry into confinement during the
time the regiment was under arms : the spirit of
men was not to be bi oken by such de,treding
condo& at had been shrwn to the Plaintiff ; and
that no Command;ng Officer, even in a tegi-
ment of Regulars, was to, be justified in the aft
of striking a private under arms,. laves of the
army required the offender should he brought to
a Conn Martial. The Defendant had threatened
to seed the Plaintiff to the black hole for the right,
unless he made an apology for his condua ; which
he had no right ti, do, as he could only confine
him during the time the Corps was under aims. The
•Plaintiff being ill, was induced to c.iniply, and was
then suffered to take his sword. His Lordship
added, that there were some of the first men of rank
and fortune serving as privates in •olunter corps,
and if they were to receive such treatment and dis-
graceful epithets as had been applied to the Plaintiff
by the Defendant, particularly such as, you are a
dagrnee to the cloth you wear, it would be the
means of depressing, instead of exciting, the seal of
individuals, and would ultimately destroy the vo-
lunteer system altogether. His Lordship concluded
by saying, the Jury would take the whole case into
their consideration, recollefting that volunteers were
not to be treated as privates in the regular army,
and give such reasonable damages as would be the
means of cm-rating such condua in commanding
officers in future.

Verdi& for flaintifF—Twe Hundred Pounds I !

CROWN SIDE.

Thomas Greessway. alias White, alias Wiling
Bay, was indieted for the murder of Elizabeth
Winte►!load, arias Ann Webb, in I-liglct's-line.
Southwa►k, en the 22d August last. Mr. Gull-
err. in support of the prosecution, observed. that
the evidence against the Prisoner was who:ly cir
cumstantial--cases of murder rarely admitting of
positive evidence. The leading circumstances were
these :—The Prisoner had stated, when charged
with the offence, that he had slept in a particular
place, where he did nott that he leas seen near the
spot where the murder was committed, about the
time of its being perpetrated, and then appeared
much confused.

Todsnan, the watchman, proved the finding the
deceased lying on the step of the door of Mr.
Tucker, and that a man was previously lurking
*bent that place. Mr. Psince, the surgeon. gave
testimony to the manner in which the unfortunate
woman's body had been mangled, concluding, that
her death was occasioned by suffocation. Mr.
Clarke, Ann Prior, Emily Huntingdon, and Hop.
wood the patrols, proved that the deceased and
prisoner had been intimate, although be denied the
fad • that he did not sleep at his -lodgings on the
night of the murder, but had then been seen in Hip
les a-lane. sad Suf.lk-street, ajoiniog, atc. But
the most important witness was Mary Horner ; she
swore, that returning home on the night of the
murder, she saw the deceased sitting at Mr.
Tucker's door, with her head sunk on her neck, and
a few yards distant saw the Prisoner, behind some
railing which separates the fa I-path from the horse
road. She was alarmed, and asked bass, if he wei
a watchman ? He replied, not and, with an oath,
and apparently much agitated, exclaimed, he want-
ed a watelanian. On opening the door of her house,
she saw his face distinflly, by the light of a candle
in her passage, and she swore positively to his
person and to his voice.
A sheriff's officer, named restie, appeared in fa-
vour of the Prisoner, to prove, that he haJ overheard
Hopwocd, the patrole, instr nEling Wright and other
Witnesses, in support of the prosecution, what to
say; adding, that unless they were careful, they
would tail in their °licit.
An Officer of the Court came forward to state,
that be had observed Hopwood whisper to Mary
Horner : she said she had been rarely handled by a
bothering counsel ; hut that he had got nothing nut
of her. Hopwood desired her to take care it again
called on.

lb* Prisoner protested his innocence, and receiv-
ed a el's/atter for humanity from some Witnesses.
Baron Maccroptwiw summed up, with his usual
perspicuity; he übset red, th4t the evidence of Mary
Horner, Was to be weighed with particular care, she
seeming to betray more than crdinary interest in the
fate of the Prisoner. He pointed out the 1.4E14 for and
against the Prisoner, noticing the coltrad.dions be-
tween his story, and the evidence against him.
The Jury, after some deliberatioa, pronounced a
verdid of—s Not Guritv.

14.1V.1L IivttLIJULACE.

POPTS4GUTII, MARCH 20.

ArriveJ the H :I,:vel sloop, trosn Gibraltar, and
several tran%ports, w•ltich ate under qatr.ntine at
the Motherbsnk.

Sailed the Ce.or, 81 guns, Cwt. Richardson. to
St. feint's ; Nas 11 frigate, on a cruise; Argus sloop,
fur Cork, with several We.t Indiarnen ; and tbs.
Stelasoas gun-veuel, on a cruise.

N*l 21.

Arrived His Majesty's ships Mercury and De-
oeuemor, with a convoy from the Downs.—Wind
N. W.

PLYLIOUTII. KARCN 19.
Arrived, yesterday, the See jouf, 110 guns,
and lisragee, 74 guises from the channel fleet;
Aarcipw. 33 vin:, from the Eastward; Poldoese/
and Maim. IS guns each, from a cruise; and the
Smapprr SlllooAtt, from the cuast of Spain.
Came in the fi,eied, Merry, from Gibraltar ; she
parted company with a fleet under convoy of His
Mejesty's ship RC,10111.4“, in a gale of wind ; she
spoke the Ilsries, in let. 49. 10. long. 8. SU.
• DIAL, DISCI 20.
Sailed the ships Kite. fur Leith ; archer and
Bremer for Yarns' uli•

Arrived the .Sa ',bay frigate. and the Nemo*,
vittualler from Purism nith. All•qages transport
from Dover: Roads ; A/on and several other
gun brigs, from cruise, and remain in the Doe"
with the rest of tae @bps as per last.
__ •

M•tCM 21.

Came down howl the River. the C;;:;,nrri:on.
lot the Se:tath Sc.;s llarutit end 31artiid. Posrgate.
for Quebec ; anti 'Les g raj Allsobetk,
Sick', for Charkiton.

_
The bomb. with the coward-bound. noder
corm', are setting tioda Vrtig4.—Wii,d S.
_ _ _ .

1)

FROM 1.471111041' NIGHT'S G.izErra
MILITARY PiZOMOTIONS,
Was. o.Art, 11•04.1, O. 11411.
Ist Regiment of o.lloon tiusql fOrldowyeq filesst. to
be C•vrret. without sorreftsse, elm resigns.
2,1 Ustto--7ersiet W. T. Maio's, to be Lieut-nant, by pur-
chase, vice Huckmastcr, oho rctirss.
10th It el/in:cot of Fon—Caputo Short to be Meier,
by prreha.e, soca Neuritis., pro.iii•tiil
34th Dittoapt.iiii J. I'. I...unrest to be Major, by put.
chase, vice D.atswoith,
54.1 Dittoi—Msjiir•Gesieral the I l,m. J.ilin Abercrowby to be
vice General Cro•bie.
64th nor......Capeak J•dm Ma ilitisald to be Major, by pur-
chase, vice Braise's', who retires.

IflocArlf Alrr, h 21, 1807.

The Ring has heen pleased to apprrint John Teuton, £1 4.
to the Office of Treasurer to the Octoroon of the Bosuty of
Quetta Anus.

PARTNERSHIPS DISSOLVED.

John hilereslosh and Abraham 111.1rdith. of the City of
BrNol, merchants and wholosale eartlienwate-nicn. Jan. 12,
11107.

James Gramma:id, of Ingletnn, in the corny of York, and
Joan Dow ker, of Thompson-fold, its the to...lshii, of Impt..n,
in the county of Westmoreland, common st..yr• carriet•, be-
tween Settle, In the county of York, and Kendal, in the county
of Westmoreland. March 14, 1807.
William Jackson a .c 1 John Ralph, bcrh of Carlisle, in the
county of Cumberland, liMusoingem and common carnets.
Dec. 1, 1806.

Charles Hewitt and William Jones, at Ilarnel.aw within
Windle„ in tha counts of Lancaster. Dec. 31, I t'6.
Michael Morgan, Charles Malden Walker. and John Cole,
of the city is( /instal, brown atone•ware manufacturers. Dec.
21. 18u6.

John Onion► and Son, both of Enaseee, in the county of
Salop, and Thentas Rigby. of BillingsJey, to the said county,
iron July 22, 1808, and Ms..b 29, 180 i.
Janes Hebdotch and Tnoneas Well, both of Whitecro•s-
street, fleas Crioplegye, is the Bounty of hlLktlesex, cheeses
mongers. Morel. 18,11107.

. -
Hew, Bonet, Hu=h Meteor, and Robert Mal:hall, of Li•
vervo..ll. el 1, 1807.
Thoinas Joplin and Thomas Graham, of the town end
county of Newcastle-upon-Tyne, timber•rnerchauts. March
7,
.Itto7, . _

Juhn F cid and Thomas Ikleasetiger. of Kingston. in Ow
county "(Surrey, coal and cnroutetchanta. March 9. 11107.

Charles BorhiM and Gene Niclidas Foy, or tiforgiratrcet,
Slacktruirt• road, in the mane, •of Surrey, chememougers.
March 16, 1837. •
.1,,0n Piety, of ite city of Worcester, and Thomas Roberts,
of the town and county of tim tutth of Nottingham, Wm.
manufacturers. March 18, 1807.
ChArs Sey moor Pearson, Genre Nathaniel Pollard, and
.lomoh Since' of Shall Mom, Southwark, in the counts of
Suriey, and Kund-street, Haiturer-tquare, to the calmly of
gl ass u fad refs. March It, 1807.

Joseph Neagh toenail end John Percival, of Manchester,
in Viscounty of Lulcastesr, calico-printers. March Ifa, 11107.
Joseph Dale and Joseph Dale, Jun. No. 12, Cambia, the
Cbrner ONelleawsreet, and Daford-street, and No. 131, New
Bond-street. Marcia 21, 1507.