The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-27 00:00:00

FROM LLOYD'S LIST.

FALMOUTH, JAM. 24.—Arrived the Summer packet, from
Lisbon—sailed the 14th inst. Heart of Oak, Stone, from Gibral-
tar—sailed the 4th instant, and the Osborn packet, from the Lee.
ward Islands. Oft the port,. the Priscilla, Mitchell, from St.
John's, New Brunswick, in thirty-two days, and received orders to
proceed to Plymouth.
PLYMOUTH, JAN. 24.—Arrived the Priscilla, Mitchell, from
John's, New Brunswick.
PORTSMOUTH, JAN. U.—Arrived the Indian Trader and Fan-
ny transport, from Gibraltar; his Majesty's ship Creole, from
South America ; and the D. nmark, Plaudcr, from Hamburgh.
COWES, JAN. 25.—Arrived the Rising Sun, Stokes. from Easel.
His Majesty's ship Seringapatarn has been got off, with the assist.
ante of two frigates and a brig, and passed through for Ports-
mouth.

DEAL, JAW. 23—Arrived the Mellish, Cole, from Calcutta ;
Surrey, Powes, from New South Wales ; Perseverauce, Luke,
from the South Seas; Helen, Erskine, from Charleston • Asoph,
Webster, from Pernambuco ; Coventry, Horn, from Demerara ;
lithe, Ford, from Naples; Caroline, Edward, from Faro; Sir
David Ogilvie, —, from Genoa ; and Cassia, Barclay, from
Messina.

The two young men, Wilson and Frazer,'whole sen-
teen of death is to he carried into edict on Wednesday next, have
been exceedingly restless since the other convict, Douglas, got a
respite. In c.msequence of this unlooked for extension of the
Royal clemency, Wilson and Fraser, it seems, entertained a hope
that it might also be extended to them, considering their own
crimes as of a less atrocious character than that of Douglas. This
hope Wilson particularly continued to indulge till yesterday (Wed-
nutria') morning, when he gave himself up to a state bordering on
despair, uttering horrid imprecations, and vehemently declaring I
that force alone should drag him from his cell to the place of exe-
cution. It is hoped, however, that the exhortations of these cler-
gymen who visit him, will bring him to a temper of mind snore
stutable to his awful situation.—Calcdonian Mercury.

Lir INTELLIcaNcr.

tOURT Of CIiANCZIV, NowDAir. J•st.lll.

ILA! v. BURR OW SOMERIIIT.-_.*,
The Laid It °ltcrt.l.9it on coming into Coed Air tossing,
to gaze/mem in this protracted rem. He had e:.
Fetaime, Muir circumstancett and eat
Mr. Gotuirillay une the P7egrrtaertlindie this
te
/1111soneRbt this own noise. His ignorance of the practice of the
Coen, and de @wooer in which he acted from that ignorance.
rid series, f dnnente in the carne of the rase. lie had
eke to osingican Q the observations which Me. °outlay thought
ptoper le NON In inarente to the steward of she Duke of Soarer-
". he certainly would pot permit any Counsel
at the end ft in. However, he Could not, with a view of
te4r
pun' de juinintroduced
who this scandalous and imperti.
ma firm the cause to be stopped, became that would be
injenffne etc dpdlent. It would be a coosideration witlatini
linnt awes k was expedient to pursue with respect to w persoo
whir hod the just resentnient of the Court, when it would
be to peak him in the usual wanner, without
to as fanseest parry. With these prefatory °beer_
adds he Waal • peaeeeA to give judgment :—. The meant
area Aplitee him in the shape of a petition from
WiQMlan she Unite of Somerset, against the judgment of
the Masan Ilf the Rolls, and all the proceedings consequent on
data:. .b.dignent. The Master of the Rolls, when the case originally
011111111118111 hini, 'directed two issues to a Court of Law ; the tint
was to determine whether Mr. Gourley was entitled to comperes-
ties for having been kept out of the farm i and the second, if he
should be sassed compensation for certain outgoing,. which he had
expended. Op the that issue the Jury fonnd for Mr. Gourley :
on the sewed Bee the Duke of Somerset. Mr. Gourley apt Wed
from Ibis deities fora new o.kal, which was granted. The se ocd
trial took plain lit die Sommer Arisbes,.before Mr. Justice Hol.
royd, when • vaned was retuned that linGou.lay was 'nutted
to 1.83 M. fdt alike outgoings. Tie jury were further of minims
that dal. bad been laid out by Mr. Gourley, but that he was not
entitled to recover that sum, as the expenditure of it was pot ap-
peeved of according to agreement. The Master of the Rolls subse-
Jzn tedy approved it this verdict. It was agoiende appealed and
of the Master of the Rolls that , the Roble Disks now sp.
paled. The first part of the drandinea tif the ease to which
he would advert, was the agreement betweee the parties.
It appeared that Mr. Daarlay. was the am of • gentleman
in Rutland t red that he Wee brought sup • beam In
that part of thMnited Kingdom, the people thentobt themselves
farmers of extraordinary MTH. The art of farming was there
learned philosophically. Hating fondled it theoretically, they pro-
ceeded to carry their theories into
.practice. The Duke of Somer-
set, thinking it expedient to introduce improvements in farming
Into Wiltshire, employed this gentleman from the North. And
here he would remark that it was somewhat extraordinary that,
beloti tZ
whilst the nature of the improvements entirely to the
Scotch system, they should he judged of and examined persons
acquainted only with the local custom; of fanning in county
of Wiltshire; who were therefore of opinion that every departure
from their mode of farming was erroneous and wrong. A pm.
posal was in consequence made by Mr. Gourley to take the farm,
from the Duke of Somerset, and cultivate it himself. A lase(
was accordingly drawn up, by which the Duke of S:inerset gavq
the farm of Thetford to Mr. Gourley, on condition that 2001 was
to be allowed to him out of the first rent that beanie due, for en
--
tin improvements on the premises, provided that such improve.:
meets were sanctioned bylus Grace err by his agent, Mr. Cpay. It
was necessary also that Mr. (lour should produce satisfactory
ers vouch of such Improvements. One of the principal question@
between the parties was, as to the extent to which the -allowance far
improvements should be carried. Mr. Gourley stated in his bill'
that he was a native of Fifeshire, and that he there cultivated a,
farm ; that hearing the Duke of Somerset wished to introduce the'
system of Scotch fanning intd Wiltshire, he (Mr. Gourley)
negotiated with him for a tam, to cultivate it, and
introduce the agricultural improvements of Scotland. An
agreement w accordingly drawn up in May, 18119 ; and Mr.
as
with an understanding, a Instates, that be was to comp
into possession in the following month of October, repaired to
Scotland, and brought his family and servants to Wiltshire about
that time. He did not, however, then get possession, as it was
stated to him that the custom of be country was that aa
tenant should bold possession of the farm-heves for a ehonswP
subsequent to the expiration of his term, in oder to amble NIP
wind up his affairs. Mr. Gourley incurred a any heavy make
for rent, &e. in consequence of not hark( abakeid:sq eriseden
pursuant to t. For this commie be new
nation. His I,aedsiip here read, in very maple dank wings, in order to state what were the repremninikes aim& an
this point, as also on the material point, to Ant meek eneollmr.
ante to 6:made for repairs, la.: out of this esnelkoode• nest illio
question whether all the repairs made by Mr. fileedep let* be
properly termed improvements. On the point demidene were
taken on both sides. It was the opinion af Nosy pinepie:eapp
rienced in fanning, that many importune ingemeneke Mil b
introduced into the farm by Mr. Gonda . The oplaiee wee
confirmed by an agricultural society k that eddy.
The depositions on the other side contradicted the easel of the
to kr-
diertl4
mer, and this counter-testimony more ' app lied the
&Iterations made in the farindouse. is thal read the
proceedings which took place before the Mager the Rolla, and
also the notes of the Learned Judge, Mr. Addeo Perk, en the
Brat trial, which took place in this saute hisfkip.
Mr. Gourley said that awe were some Oillieltiolli in
the Judge's notes, which he had made oo 't to supply. It
differed materially from • copy which he had, and which he begged
leave to read.
The LORD Calumet Lci it said that he meld sot pike• espy
of the Judges notes from any person but the Judge himself.
Mr. Gourley said It was material that the parts omitted fel die
notes, as read hy his lordship, should be supplied.
The LORD Cy am ready to attend to any mg-
gestion as to an omission which may be referred to the Leinsa
Judge, but I can only attend to such notes as have his senedere.
His Lordship then proceeded to read through other pans of low.
mentary evidence which detailed the various transactions lateen
the parties from 1009 to the present period. daring reed am*
the several documents, he said that he would ansider this mew,
as he had done from the commencement of it, as one Wand
suitor and suitor in this court, and not take iota account the asps.
rity of rank between the contending ponies. The question kr
him now to decide was not whether the decree of 1814, mad by the
Master of the Rolls, was a decree which he (the Lord Clemellhew
should have made were the case brought before Mai at that Nage
of the proceedings, but whether, due regard being hod to all tie
circumstances that occurred from 181 y to 1818, and to the eendlike
of the parties, that decree should now go for nothing. He was et
a loss to know why this appeal was not brought forward whoa a
motion for a new trial was discussed :—why was it reserved till
now, and not then hinted at,which was • more appropriate dine he
the mention of it? lithe appeal were now to be entertained fa r.
ably for the Duke of Somerset, he was disposed to believe that his
awe would not wish to deprive Mr. Gouvlay of what he might
conceive hint fairly entitled to, but it was not the province of this
Court to calculate upon the aid of the generosity of any person,
but to decide in strict justice on the case as it stood fairly be.
fore it. Two points had been mentioned, which would induce
him to reserve his final judgment in this case for Wednesday or
Thursday next. The first of these points was, an objection taken
to the notes of Mr. Justice Parkf ; if any material omission were
made in them, the intermediate time might be employed in supply-
ing it : the other point referred to the identity of the plans which
were affirmed by affidavit on one side, and denied on the other.
If any affidavit was ready to disprove them, let it be submitted to
him by that time, and on Wednesday morning he would give
judgment ; and he get rid of the case altogether.
Mr. Hear said, that he did not mean to deny the correctness of
the plans ; all that was asserted on the pan of the Duke of Somer.
set was, that no person remembered those plans as the plans which
were introduced at the former trials.
The LORD CHANCELLOR then YON to retire.
Mr. Gourley—My lord, I wish to make an observation—
The LORD CHANCELLOR did not appear disposed to bear
him.

Mr. (Mutiny (with much embarrassment of manner and copes.
sion)--My Lord, it is of vital importance to me to occupy your
time for a few momenta. lus thts day without a shilling. After
I had obtained the decree of the Master of the Rolls in my favour.
and before I proceeded to put an execution into the home of
Duke of Somerset, I paid 7101. into the hands of a pr.
son in this town for the benefit of my creditors; smut
that period I have been without money, and I have not means to
live.

The LORD CHANCE Limo said, that at ten o'clock en Wednes.
day he would hear him and dispose finally of his are.
Mr. °outlay resumed; and after stating that on a !Owner occasion
he had come into Court with a statute which he now hold in his
hand, providing Counsel for paupers, and complaining that he was
not then heard, again called his Lordship's attention to his present
state of poverty and distress.—For the hat two years I have lived
only on borrowed money. I have made great exertions and great
shifts to prosecute this case. During last autumn I lived on breed
and water toensble me to continue it. Front the Dike of Somerset,
of whose generosity your Lordship spoke, I have received no re.
lief. neither have I from any other man. I am at this moment
enabled to exist only by the charity of some ladies. Amongst
them I found pity • amongst men I found none. To the charity of
some young ladies I am indebted for my present mode of existence;
" For pity moves the soul to love."
I owe it to the bounty of these ladies that I have not been obliged
to work with my hands for my support. I must starve, my Lord,
if these delays iro on.
The LORD CHANCELLOR (as we understant said, that it was
not his province to instruct suitors of the Court wto proceed.

COURT OF KING'S BENCH, MONDAY, JAN. 28.
VitaNpix Banco.'
PERUVIAN LOAN.
THOMAS FINDER mum TS AND CO. vi

The ATTORNEY-GENERAL 1110,101 for a rule to show cause
why the verdict in this case should not be set aside, and a new trial \
granted. He stated, that the circumstances out of which the case
arose were these :—Some time ago the inhabitants of a partof Peru,
under the command of their General San Martin, took from the
mother country Lima and other plac: s, of which San Martin was
proclaimed Protector. They then sent two persons. Meson. Garcia
and l'aroissen, to England, as envoys; but the British Omar-.
meat did not in any way tveognise them, because it was on terms
of amity with Spain. A loan was endeavoured to be obtained by
the envoys, of 1.200,0081., sad persons were found to negotiate it.
The appointed agent was the plsintiff, Mr. Kinder. The rai-
ment' of the loan were to be by instahnents, and the first instals
ment was paid into the bank of the defendants, Main. Everest
and Co. Various changes afterwards took place in the Paravian
i Government, and at the date of the action there wese no less that
three different powers at the had of affairs in Pau. The envoys

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