The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-03 00:00:00

It are of sow advantages obtained by Gee. Cis.
TANUS 0041 th Emil,. to which consiaccw:.l.! ,•I,••,ht
waS Attached. After quitti,tgCurtititsti, Cm' /twine I
ceoyettac, hy which we v.-coved thew ek•ouuts,
all the Nitteroa frigate, which had been
,ruisitl,; to the eastward. the Captain of which
stated, that be het received intelligence (hat the
French bad attacked the Ilarquia Lts: et ItokAs
on the .4th, at St. Vint...lite de la Barques, that
.tho battle was most obstinately contested, but at
length the French were defeated with very great
loss, and the Spanish army were iu consequence
of this itueeetw Admit to' advance. The above
is the substance of the ititelligence commu-
nicated by Captain Hawutss, of the Minerva.
It certainly is not to tee considetud as official, but
it appears to be highly probahle.—tTlic position at
st. Vincente de la 13arquera is an extremely
tong env, and the French Army moist lister been
.vry much weakvited by the ttttt nermis anti
ww-
guinary confliAs in which it had Leen engaged.
The Marquis of RoMINA having succeeded
Goteral BLAKE. we may presume that they were
the dispeirtel corps that had not taken the mote
St. Vincente rlr Harqueru, which had assembled
at Leon. It k singular that none of the Spanish
went or letters take any mike of N awor.Lot4t or
mention direct!) or indirectly where he

We have received u LiArm Gazette of the 15th
vs...kb we hive mude some e&tracts.—
Thry shave tout has frienu. anti
s,irieb in that e..untry, wins have Jared to taihrt:r
salt the British truoiss, and eoeourage desertuci u.
our army.

Letters from hbilta, received by the Messenger
brig, if lit glllllb, arrived at Plymouth, mention.
iu a summary way, the capture of the Island of
Cori by the French. They state, that the v. bole
force of the British Garrison consisted of 750 men
of the Corsican Rangers, under Colonel Lowe,
and 100 of the Wiese Corps. This small force
made a most resolute resistance to a formidable
body of the enemy, continually reinfoirced, and
acting nailer the eye of Mveai himself. No pro-
positions of surrender were adinittcd, till a practi-
cable breath was made in the fortress, to which
the reiniiiis of the garrison retired ; and then the
most houcurable conditions were obtained, the
tamps being allowed to proceed to Sicily, without
any obligation or restraint. A reinforcement of
1.0 men, under Colouel &TIDY, winch lauded
after the armistice war concluded for arranging the
evacuation, and, of coarse, too late to take any
active part, returned to Sicily with the troops of
the garrianti.

Thy Corieteefii: packet is armed at Barbadoes,
after heating off a privateer.
His Me3Ltrrir. slap Sweat, with a fleet under
c^nroy, from Portsmouth, arrived at Malta ou the
i; ,h of October. _

A report was yesterday prevalent in the city, that
Austria and the Parte have declared war ugnaust
France.

Letter,. from Offirers at Commie, strong whom
are General BRODERICK
hoist:fly, state, that the utmost exertions are
na.itle to gat the whole of the Briti,Ji euvulry up to
Astorza. It would he a great aenunition, the
Spaicards oirilcient in cavalry. The whole
tench force in 13i.ray and Navarre is estimated at
more than tio,ooo.

The inesseigir whose arrival from the Merliter-
ra:reun we iountiolierl yesterday, came in the Mau-
reel, with dispatches ffolll Malta slid Sicily.--Our
Piynintith letter sins, hut we believe inuecurately,
that an Austrian Messenger is arrived in the Him-
stref, and that be tame from Vienna by way of
Trieste. The dispatches, it is unden.torki, con-
tain a favourable account of the opposie of the
Neapolitans to the Gallic yoke, of which some par-
ticulars are given in our extracts Irons the Spanish
Papers.
The Gallons Seheoper. SMITH, passed Malta, for
London, on the !lath or (le
The Pear Tree, MARTta, from Mahga, was
captured ria the 161 h of October, ii,ar Cape Spar-
ta°. by a Trench privateer, and earn, d into Tan-
giers.
The dt/emie, t;eoet a, is arrived in Yarmouth
Roads front Gottenbuillt. She parted iron► •the
fleet on the 25th ult. in a gale. Te• or three of
the Beet were reported to be captured.
The Mern►aW, from Jamaica, fur Leith. was
/Token with on the 19th October. in lat. 29. 30.
long. 80. Wert, bearing away for Charleston.
The 14th and 16th regiments of Light Dragoons
have proceeded on their route front Exeter for Fal-
mouth. from whence they are to embark immedi-
ately for Spain. The first amid seemid divisions of
the Itra marched from Exeter on Tuesday and
Wednesclay ; they are a remarkably tine boil y of
own, appear in high he•tlth and spirits, and cheered
repeatedly as they payirri through the city.
On Aloililav„ their Real Highnesses the Cow-
MAN DICILAM-C.IIIIIIT. and Duke of CAMBRIDUE,
at-
tenJed by the Quarter-Master and Adjutant-Ge-
neral, honoured the .Itnur•r 1/epartilituts of the
Zio•:al Military College. et Great dilarinw, with
their . ; they %ere received by the Gower-
ra.r, ieutenant-Governor, and Commandants of
both Depat :lock. Id

. -- •
1....i~_
aiwr:',s4k. -14

LAW INTELLICENC, K.

COURT or• KI:iG'S BENCH, Wsersopirmei Dec 2.

V. WI LAIN WWI •NOTIIELL.

The only question tOr the determination of the
Jury, hi this case, which was en action upon a re-
eogiiiranee, was, whether the Plaintiff wasuu atteu
enemy, a seibret of Frame, and carrying on trade
there, amid as anal not entitled to sue in any of the
Coons iu thiscountr) ? It had been formerly be-
fore the Cons t, upon the point ahiether uu affidavit
in France was 5 utheirait to huM a person to bail in
the Courts here Mr. o.Meitly had recovered no
'cos than I,GWI. amainst a person of the name of
Noel, for whom "Mews. Wilson and Colquhuuu
were bail.

This being the state of the question, it fell upon
the ATTOII,II.Ir-GENLMIL, for the Defendant. iu the
original actions to skew why the Plaintiff had no
right to sue in this country, by his not falling un-
der some or the descriptions stated in the various
counts of the declaration. He argued that D'Meely
was au Irishman. and having chosen to settle in
France for many years, he no longer owed allegi-
ance to our Sovereign, mid therefore was not enti-
tled to any of the privileges of a British subject, as
had been already decided by our Courts in ruiner
cases. In support of this all. gition, he called
William Deblois, who deposed that he knew
O'Mealy, and had seen him sc%erat times in Paris,
front the year 1796 to 1602. llr had heard hies,
in conversation, sat, that he was not asionned to
own Ins country. The circumstances which led to
this conversation was, that there were ',maw Irish-
men ut Bounkaux who could not get permitailm
from the Dove' ansent to go to some other part of
France. A Mr. Miller, who was iii company, said.
Mr. a Mealy, what is the reason they will not
permit your countrymen to go from Beurdeaux ? "
To this Mr. 0 'Mealy answered, " souse of them
do not deserve to go any where, but still I am
not ashamed to own my country." The conversa-
tion was not directed to the Witness, but lie hap-
pened to lse present. He had ako heard him talk
of " ha countryman Napper Tandy." Any man
t hut saw O'Nleidy would know that he was an /risk.
OWN.

........
Cross-elalaked by Mr. PARKE.
The Witness proved O'Mealy's hand-writing.
lie I • self was an American, and commanded au
Americauship. lie did not believe that O'Nfealv
was ever recognized as ass American subject.
A letter from O' Mealy was produced and read,
to prove that he was at Baltimore on the 30th Ja-
nuary, 1803.
Mr. Skippet deposed, that he had known Michael
O'Mealy for 14 years, and had seen him in Paris
early in the month of September last. lie hid
beard that he was concerned in business with Ame-
rican citizens.
Crus4-ezdunined—lie (the Witness) was the Ame-
rican Consul at Paris. When he tiro knew 3Jr.
Olifeu'v he understood him to be engaged in trade
.1% •
with and that he was always emiAidemd
by the American Ambasaidnr as an Americium et.
tizen.

Lord ElLLENBoitoucli observed, that the Ploire-
tiff troglot.have been engaged in trade with Ame-
rica. ultboitglo he way (originally hare been an itiS6-
111411.

Mr. PARKE, for the Plaintiff, contended, that
('Mealy was an .4m, rcan ; and although residing
in FranC.!, was to he deemed a neutral subject, and
therefore had a tight to site in our Conrts. Al-
though the Planeiti's name was apparently Irish,
yet it was perfectly well known, that America at
this moment is peopled loj the descendants of Eng-
lish, Scotch, noel Irish ; sit that the mere circuna-
st nice, as to the name, amounted to nothing.—
There was not sufficient evidenee of his being a na-
tive of Great Britain, aiding and abetting the ene-
mies of France; on the contrary, the evidence al-
rett.:y adduced tended inure drolly to die», that
he wee WI American. Mr. O'Meroly was therefore
to be looked upon as a neutral, resident in au ear-
iny's country.
Lord LI.I.ENBOUOUtin explained to the Jury the
nature of this action, and the effect their decision
of this point wonld lime. The Defendants had
become bail for the original Defendant, whom Mr.
(YMo..aly had sued, and recovered Ina considerable
amount; if, however, the I'l, t i ttt fell ender the
dr-4461:60a of an alien vicar, by his long rissclimte
in Frame, he could not he entitled to sue ; and if
as, the loail fur the Defendant in that actionit could
toot be liable ; if they considered him an Irishman
their vet-dirt must he for the Defendant ; if au
Ansericams, far the Plaintiff; although the Mallon".
was proved to have beam engaged iu IMlsiewss with
Aroreoica,woul to have been at Baltimore, in Feb.
leo3l, an interval of peace, yet it tniAht be
observed, that according to the forms of the Ante-
'Oran Government, any one, loy a compliance with
them, might he recognised as an Amencirio citizen.
If, however, a person orginodly born here, tended
in Frau?e, and carried on commerce there, so as to
he assisting the cotkomeree of that country, he must
he treated as a French subject, and iu civil suits
would be considered as an alien enemy.
The Jury being inclined to return a verdict for
the Defendants, Mr. PU1E141103.4' of further cei-
deuce afterwards occurring, expressed a preferein e
to have the Plaintiff nonsuited.

A verdict to tint etfeet was accordingly given.
DOC, OW tie:wise of •LLEW. O. n0t.1.A1113.
The ATTORNEY-UT:ICE/LAI.. for the Plaintiff,
stated, that thie was an action of ejectment brought
by Mrs. Mary Allen, the willow of a gentleman.
Being left with a large family, and with means
very inedeqnate for their support, she hissing
a house in Oxford-street, let out part of it in
lodging*. The Defendant, Mr. John Holland. a
manned man. came, upon the isth of June lag. to

*hewer he pleased, and he sbbolgl not be chArg:
beyond the time he actually occupied them. -t t.
said he was about taking a bowie in Chatlutit -
'street, and winiid quit them at ‘'./..• haelmas,
not before. lie had uotiee t quit at 111tclimvinitlyt
but he *till retained post•easion.
Martha Louisa hi sad Stoat. half
sister to Mr*. Allen, torroliotistad the former
nen in regard to Mr. baying .said he •
tvolliti leave the ludginga at Michaelmas, abd not
beture.

Mr. Gaititow, for the Defendant, sail, that his
Client had never agreed positively to quit at Mi.
chiwlmas, but that it 114 only a conditional pro-
mise, if convenient, and if he should by that time
have got anutaier noose. In support of this, has
called,
Hannah nutton, who was in the service of Mrs.
Ailey at the time the Dekndant came to the
apartments; she deposed as to having heard a coo.
%ciliation between the parties, and that the Defend-
:int said he should quit at Michaelnaa, if he could • •
suit himself; that he was aftbr two house*, and tho-
roughly expected to have one of them ; she could
not state the particular time at which this coning-
tuition took place.
Lord EttaNS9ROUGII observed to the Jury, that
as the last witness could not state even the portico-
lair month when the convcr,..ittion she alluded to
took place, it might or 'lli _lit not have been the
same as that alluded to hr the other witnesses, who
said, positively, that the Defendant agreed to suit
at Michaelmas ; the question therefore depended
upon the credit they attached to the witnesses upon
either Fide.

Veitlictfor the Ptaintiff—Damagas 40s.
While the Court were proceeding with another
enusr, the ATTORNRT-UCNERAL informed Lord
Ellenhoroegh he had been told that Mr. Joins Hots.
laud, the Defendant in this last one, had. as soon
as he had got out of Court, seized one of the young
ladies, Miss Louise !Host, who had giveu avideuce
again.t hint, toad shaken her so violently, as to
throw her into tits.
Lord Eit.xiinotouou, upon hearing this, or-
ch,red Mr. Holland to be brought into Court, and
that the young lady should come in to give her
evidence relative to this attack, as soon as she was
able.
Mr. Holland aceordiagly made his appearances
and. alter waiting some time—
Mist Louisa Vomit came to, and being sworn and
interrogated, deposed, that Mr. Holland took her .
by the shoulder, shook has, sad told het to go
home and sleep upon her conscience ; this alarmed -
her considerably. It was done within hearing of
the Court, but before they had got down into thia -
hull. Her sister was present with her.
Jane Allan. her sister. was also called in, and ••
corroborated whet had been stated. • • -*
Lord ELLIINIOSOUOM addressed Mr. Holland;
and. after recapitulating the evidence, asked him
what he had to sat- in his defence for such an error-
mons contempt of the. Cant
Mr. Holland answeelkl, tSet he merely touched.
Miss Sioat upon the shoulder, .and acknowledged
that he bade her go home and sleep upon her cam
si. ience.
• Lord Et.t.tesoanunsi--., For this sorir offence
I 1111111 you lot, and order, that hoo-ha committed to
1.,../iewgate uutil that tine be pain. It' you should be.I
guilty of any future tran.gression of a similar um
titre, it will tic matter 01 iurestigation for the Civil
I Magistrate."
Mr. Holland was accordingly taken into custody, .All
and after being a short time out of Court, return.. *
ed, and paid the 101.
r le was accordingly slischarged, after a suitable
address and admonition front ht!+
N ARIA, Ens.. r. sowers.
This was an action against one of the sureties for
a Mr. Wetkins, who was appointed one of the COl-
lectors of the Property Tea, for the palish of St.
Pancras. Holnorn, he having proved deficient in
his cash to the amount of 6061. t9s. lid. The
hood of indemnity was executed on the 6th of
March, 190.1, and was for the tam of 20001.

The ArrOYNIIY-GF.NtaAt. stated the case on
the part of the parish. and proted-tbe deficiency by
the Collector's hooks mid the testimony of %kat. •
l ins himself, and Mr. Taylor, mie of the Commis..
wieners.

Mr. PAilig, on behalf of the Defendant, staled
various ItKat übjectioria to the wording of tee bond,
and die mode in which Watkins had been appoint-
ed Collector. The bond only stated, that he was
desirous of becumiltu a Collector. and not that lie
actually appoisitcd. The Statute refrriud to
tie+ that of the 434 of the King, cit. 1,2‘2, which
iv rosir-etive, and states, that the tiat•iea theret,T
enacted. shall be raised and collected try virtue .4
as Act to be parsed in the then toreaeot SriIAN% of
Parliament. Watkins's issionintinent hail not takes
place by virtue of any Act to It passed, lot
ae-
cording to the provisions of chap. ich, in
the fainter case of Miiiitharpe, was 'noted to be
putting the cart before the hose, slid had ben
already the means of on individual u-
niAment. This inconsistency in the A t eat
been rectified, the hone in the present nose awe
new est foetus", and it necessarily fell upon the •
llaintiffs to prove the breach in collecting ditties
according to the Act of Parliament. The person who
thus hail acted as Collector, had no legal possey to
act, according to the words of the Act of Portia-
meat. which has never yet been amended.
Th:se, and various other lt,gal objections, which
were started by the Deft tidant's Counsel, induced
ford Etta v Donovan to reserve the whole for a
rive to be decided by the Court. and he directed
the Jery, in the mean time, to end a verdict for dwit
Plaintiff for 3e61. Igs. 1 Id.