The British Press; or, Morning Literary Advertiser.
London, England, 1810-08-02 00:00:00

110 WING•AM rem

At eight o'clock last evening. Dogget's annual
Coat and B..di,e mere rowed fur by the following
%wtermeti. viz.—

-... Smart of ........gtrand-lanr.
.....- Meade Plallerses.bri4e.
...-... Slicks
Ling Old Swat' stairs.
_ - .

Two other waterineo, one of Itursleptown, and
the (Aloe!' of St. Catharine stain, *NO started with
tht others from the Old fliwati, at Loudon-bridge,
bet gave ie., the contest before they reached Hun-
eertord.rtairs. Smart went first through the centre
aril, of Illackfrier's.hridge, and kept the lead to
the Old Swan at Chelsea, where the coat and
badge were delivered to him. Me. Ade OA second,
awl received Ave pounds.
A great toneourse of spectators were msemble.l
alone the banks of the Thanes. A niimercie,
flotilla of boats. tilled with co opany, follOwrd the
priztaboat. We did not hear of any accident.

The Sportsmen who attended the Brighton It ices,
during the late squall, when umbrellas and dresses
all went togoh. r—cpiote the exclamation of Peep-
ing tow-- 7'a fk if a Corosaation
Kin4--cote Races are this year fixed to commence
on the is a of September. We understand that
no le•a than 26 hor-es are entrred far the Kings..
cote Stak a, end great sport is expected.
Ou Monday lasi an elegant pa.r of colours wee
presented to the Central Battalion of Local Militia
for the county of Ostord, by their Colonel, Sir E.
BAYNTUN SANDTS, Kart.

The lust arrivula at Cheltenham Spa are:—
Dar de Grammes, Batt and Countess of Meaberough,
Countess of Beebetreseroshire, Has. Mimi Charlotte Mon-
gols, Sir Wm. Johnson, Major.Gener.il Dielssoe ; LWat.-
Colcreelt M'Lean and M'Nair • Iteet..Coloitel and
Mrs. Dallear ; :Major and Mrs. Toatkies ; Majors Butler,
les,rst, and Davison ; Captains Daeres' Liestou, White,
nankland, Turner, Cowper, Williams, Pewee,
Aitcheson, sod Rude', R. N.; Lieut. Bryan, R. N.; LIT.
Dr liarton,Dr. Bennie(, Rtv. Mr. C. mud Mos. Fleet.

3.lrr. C. KIMBLE made her debut at the Chel-
tenham 'Theatre, on Tuesday last, in the parts of
Albin,' Mandeville. and Muria. in the Comedy of
The Will, and Of Age To-ssorrote. '
Comsat n c.--11r.SwiNetu, who has always been
a. a sportsman at all in the ring,"—has given a
cballr,ige to Lord Ittveas, and other mem berg of the
Newmarket Club, to produce ten greyhounds, his
own praparty. that shall run any ten they may
please to produce, for the suns of One 'I housand
Quassia: which offer, it is thought, Lord Itivsea
means singly to accept. No country has been
liaused for their meeting m yet ; but it must be
the desire of both, if they mean fairly to try the
speed and bottom of their greyhounds, to select one
of the most open, and where the hares run the hest.
FOINIUNTING.—Iii consequence of the decimal'
that was given in the cam of Mr. CaPELI., that the
owners of grounds had a right to prevent persons
going over theist after hounds. and particularly the
owners of them, after notice ; two or three 'tacks
of foxhounds have already come to the hammer.
CarTvat.a.—Whatever fureigia power way be
a icceasfol in this way against Eaglaa(l, toll do
right to keep their prizes at sea. for 4111 soon as
they are lauded BONAPAITS will alai a way of
making them his own.

Pa•tse Rates—ln • late case, determined in
the Court of King's Beech, it has been ruled that
l'arish Officers cannot maintain a Rig'it to Asters
without they first prove from what lands or premises
they elision their rates ; and that it is not for them
to oblige a person who may be aggrieved, to prove
they are in the wrong.

Dickenson stood in the pillory at Charing-eross
yesterday, from balf-past eleven o'clo,:k until half-
post twelve. The crowd was greater than has been
improved for many years. In less than hire minutes
he was completely covered with mild and rotten
ego. When taken oast, he retained scarcely any
signs of life.
The capture of part of the Baltic fleet is sop-
posed to have been effected treachery : the
mister of a neutral I havinis conveyed the iss-
iutelli,!'reisce to the Danes at Ch. istianstadt, who tat.
mediately pot to sea with a number of armed ye,.
OWN, and capitsred the advanced part e.f our Get.
Mr. Secretary SMITH, who had left eWashimiton
on account of his dispute with Mr. GALLATIN, has
returned to that capital; and it is supposed there
will he an amicable adjustment of the differences
between the parties.
The Active schooner is arrived at Portsmouth 111.4
Lisbon, from which place she sailed en the 20tIvi• su
No secs/tint of any military event. sill* germ to
the fall of Itodrizn nit the loth, and of the
slinnomis on the I Rh, had reri.lted Lishon at the
departure -..tf the schooner.

LAW I.N 7;F:CLIGENt

COURT OP RING'S BENCH, GuLeitALL, Aucnisi I.

Sittings at Nisi Prins, &fare Lord ELLINgOIIOIIO II
mad a .Spetial Jur y.

BREACH OF PROMISE OF MARRIAGE.
261166 E. 1.1/ 611 HOP C. C11.161.6f1 1061111071, F9V.

Th.. was an action brought to recover discuses
for n breach of promose of marriage.
Mr. ATTORNEY-GENERAL Mutts', this was an
action of a most singular nature; it was brouAlit
ni.der the most aggravated circumstance*, from the
unmanly conduct of the Defendant. It was iin.
possible to conceive more meanness or cruelty than
that exercised by him towards the Plaintiff. She
was the daughter of e merchant, her fainly were
most reepectable, one of her brothers was a barn.,
ter, and another an officer in the army ; she re-
sided with her mother at Gray's 11'iscid, in the
county or Surrey, about 40 miles from town. The
Defendant is a Gentleman of fortune, his fither
having bequeathed him 70,0001. ; he is also • con-
siderable merchant. He mentioned this particular-
P, for he was convinced, when the Jury hutted the
laintiff's ease, they would by their verdict &Aare
that she was entitled to a large proportion of the.
Defendant's wealth. The character of the Mom-
tiff was completely unsullied:, if this wit. disputed,
he requested that it should be done by evidence,
and not by calumny ; their ages were proportion-
able. The Defendant was 43, and Pl:timid 32 ;
they had been many years acquainted, but tiny Iu
the year 1009, he become more attemite to her,
and iu the middle of August of that year, boviug
been on a visit to her mother's in the country. he
mode a proposal of marriage to her. iv inch she did
not accept until the latter end of that month. On
the 2Sth he came to London, 'menu/ appointed that
the union should take place in the January follow-
ing. This contract being formed, he entered into
a carrespomience wttli her, wrote her word that he
ha I acquainted his mother of their intended union,
and that it met with her entire approbation. It
was made known to all the Plisintifre friends, and
she received their congratulations. She could not
have suspected that the union would not lake place.
On the dirth August, be wrote the fulloolug letter
to the Plaintiff :
" Mao BRTStirl(oll are uppermost in soy thoughts.
It was not until yesterday t bad 1141 opportunity of speakiite
to toy matter sod sisters shunt our i,itended • union ; it met
with her entire approlrati.ni; she has the hiese.t opinion of
you .he deities we to tell you so. Give ray love to your
metier alai sister, end believe me to be, with sincerity, your
lover, CHARLES ROBINSON."
" Anstin-friars."

This letter WAS anawered by the IPlain•iff. On'
the Bth of September she received anntlier letter
from him, assuring her of his love and esteem, and
pleading business as the cause of hie not having
been to visit her. Her approbation was all he
wished for; he had entered into a solemn contract
with her in the country, but it could nut be com-
pleted until January, as he wished to wind op
every thing in his trade before the marriage took
place; he had made min independent fortune,
amid intend...l to retire from husitiess. Ile con-
tinued this kind of correspondence et the time he
had conceived the atrats,eni to draw something
front her as a refitrAt to marry him. Ile wickedly
wrote her a most indelicate letter, and wilfully
misrepresented himself; it was a letter that no man
who knew what common decency was would write
to a lady. If he Ind the misfortune to lay under •
bodily infirmly. a lady was not the person to dis-
close it to; she had brothers, to whom it might
have been conitnimicated. He insinisates that he
has some hanging disorder. that makes him unfit
to enter into the marriage state; he calumniates
himself. lie unmans himself, to draw something
from her that would appear as if she declined the
union. He thinks he has gained his point, and he
gets his manhood again. if he can prove fie was in
a state that made him incapable of fulfilling the
duties of a married life. and that the Plaintiff was
a more proper person to communicate it to than
her brother, he (Mr. Attorney-General) would
give up the action. Having so far prefaced this
moat indelicate epistle, he would read it :

" London, September it.
" DE•R ELIZA—It u not SOW besisma aloes that pre-
vents me from visiting you bet seasetbisg of• awns
nature Las takes place to destroy the happiness 1 is
expected en our marriage. Nothlag but tlie esslidS
have in you 'meld make me dicker it; het, es ambient-
limo, I think it the most honosrebie made, sad as have de-
termined, and that direct. Mrmy yeses ago I came to a de-
tertuiaation to enter into the mente state, as soon as I
costa meet a lady that I thosght weeu he a Ile parteer fur
nee. From tint time I have takes the most irautigno ears
of is, health. It appears now that it wiseld hare Imo stitch
better foe ose to have deviated from lbe strict rase of mo-
rality. Ou the acme of my beelth, I tiesight
it sasesary
to apply ti. a physician, bet fur fame sake ; at test it did not
occur to me to be necessary, under any ciiveinstasees. I
applied to a physician of the Snit eminence mid respectabi•
lity ; oeverlsras I more astonished amd enraged, when lie told
me I use eufit tube married."—

Mr. Attorney-General said. he must make an
observation on this part of his letter. Tne question
was, whether it was or was not a falsehood ? whe-
ther he did or did not consult a physician ? If he
did, let him put his medical wan in the box, and I
will make him contradict the statement in the let-
ter. He would make you believe that it did not
proceed from ill health, but from busing lived a
chaste life; that he was a man in vigour, and a
maid in chastity. The Defendant's friends laugh
at this. Let them expose him. and hold him up
to the world as an abhorrence ! lie liked to see
this conduct in the friends of such a Defendant,
fir it .hewed a want of till decency and morality.—
Mark. Gentlemen of the Jury, how the ;elan .le-
',elopes itself.—lle goes on to stale in his letter—
., As suspicion grow up in your mind, I thought it
s;clit k, oi.ikr this diudosure. knowing you to be a womb=
ben.r, 4.13 I.ill spplauil, instead of condemning, my am-
don' ; I might has, deceived you, bet 1 ors am,. u. I
to get erne it ; hot uncertainty will keep you in a mod
disagreeable situation. Whitt doctors make light of ill the
first Instance, otteu cud. in the iniist dangerous Consequences,
I never Call visit you while in this doubt Nu um but my
mother is aconainted with it I will sot let any thing
mid ntiont your own good self go vtionewertil. let us both
say the marriage is broken off, and if yew appear satisfied,
your family will be so too. without ma exploit:mon.
(Signed) " CHARLES ROBINSON

He would prove, from the Dereninit's own
mouth, i!ist this letter wail wrote with the intentlon
of getting th• Pliainititr, refusal tu the aiwriiage.—
He hail not a inpy of It( r lumwer to thit tlissruv4 iul
letter; fur she *rote to the ea.tit who salt to be-

route L r hosbAild. soul 'swim hail her full ronfi-
denr e. fthr had committed taperer the sulo.iii-ce
of sr, as well its she recollected ;. if any Ihi.);.; wait
1114-Stteed 111 11, Ike Defendant cbnld rebut it by
producing the twigs:oil. and giviiig it iit
It wet; in the substance as !views The teiisis
of hie letter were incomprehensible to her; she
was at a loss to know *lint lee meant, or *loot were
his intent mis; it placed her in the most awkward
and distreesing utuYtwsi. Hie weitiog was known
to her faintly, und they naturally inquired when he
was consiog down. She made the usual excuse for
hint of limonites, entreated of Mut to come down.
▪ give some explanation ;at the slime time, if
lie had changed his sentiments in Favour of another
objeet. she *fwd.! be uo bar to hie happissess,
.v.•r little she was aisle to hear against sucii a dhows
rolittmrsit.—She waited with anxiety for his an-
swer."—She received the following letter in reply:—
" Landon, Sept. L.
" DEAR Betsey—The lac/manta rata bas pit e.uteltins
trout sinarertog your distressing Letter ; htted, it operated
like a shock of electricity, so con.rary teas it to toy emistia.
how, fur I truly requested that soy visits 'thou...l4e illspeosed
with for a tithe. I have now too much remota tAk•ir you hare
Out coufideuce iu rite, and without a iteiprogyl, cusfidesite
there cannot he happiiivis ia the neirria..to *tat e my se:di-
me-ids are unaltered, but yours arc 4.IIaUgNI. -If I were to go
tot:ray'. W0..1, will 1 be rereivetl as before? I as afraid nut;
your Letter ainuinialia stir es a culprit to take any trial. What
I stated brfore as to soy bodily &width ao looker cats's. so it
will lot be necessary fur psi to 'station it.
(Signed) C. ROBINSON."
The Leas ned Counsel said, if t! e. Jury were to
take a-..ay the whole of his fortune, it would not
inflict so Steele is WOlllOl 011 the character of the
Defendant tis tiring this Cante, If lie Ilad very fee!.
ing ; but he heiseved he was without those frelsogs
which were the greatest ornaments to tier human
race. She answered his letter, and ft-an tilt dia.
tressed state of her mind, she altered and le-aS•ertd
it, by which means she bad kept a copy.
" DEAR FRIEND—The Manner you hare int everted sly
letter, and yaws eanielantnia, have hero most t.niressing,
and aims ettatrary to lay Potentioo. I so eortiteat /a In-
terview would esasiare you of this. Fur the last titre st cells
I felt cosvi•cod that re shuakt have spent the rein.cndee of
our days happily together. If you are determined it shalt
sot be so, a far I agree with you that Cie warila4e state
maim be a happy use without a reciprocal affection.
" Your sincere friend, E. BISHOP."
So far was she from wishing to break oil' the mar-
riage, that her friends remained ignorant of egrety
circumstance. lie received one more most conci-
' history htter from the Plaintiff, expressing her c:m-
vietion that happiness was In their Ironer. and they
ought nut to tune their bicks from it: which was
answered by the Defeoslaut. that all future meet-
ings must be injurious to them b-th ; and that he
would adopt her expressioa," that it was better that
the affair should be terminated." Stir tried to
!aging the Defendant bock to a sense of honour.
At last she becained convinced it visa impoesibk ;
she perceived he was what the sequel has proved
him to be. At the close of the year she applied to
him (Mr. Attorney-General) for advice; be re-
commended her te offer herself by letter; and the
Defendant refused to accept of her. whir h rebind
was the ground for the press tit action. In esti-
mating damages, the Jury would Luke into their
consideration the situation lie had promised to place
the Plaintiff is. Ile (the Octet:dant) tweet could
place her in the situation he louts I her in, sit.
though he defied the lyeath of f aluiniiy io state any
impropriety in her conduct. Hod he any complatist
to make against the lady ? he understood he had
so alleged one—that he wrote her a kiud and at.
fectsuis.te letter, explaining his incapabiliries, and
that she answered it with nnielence and imperti-
nence ; and that she broke off the marriage. How
could he support this? Hid hrst letter waagrounded
upon stratagem and hypocrisy, for tae excuse made
use of did not exist. This had been the conduct of the
Defendant. Was there any thing in hers that would
leave a speck behind it? The jury knew the value of
engagements in the mercantile world ; then shall line-
man, who entered into a moot solemn engagement.
be allowed to break it in the mo-t indelicate way.
without being liable to a severe forfeiture? He would
not offend them by asking would they not give this
Lady a greater reentopence than they would for a
breach of an ordivary engagement. The refiners
tability d her family, her education, her moral
life, and all those qualities she so eminently pos.
sewed, demanded it. In cases where they found a
fellow-citizen injured, they by their verdict repaid
his losses: and he was confident they would tint
deny it to the daughter of a citizen. Under these
considerations, be left his client's case in his tord-
ship's and their hands. Ile then proceeded to call
his witnesses.

Mr. bikes deposed. he was well acquainted with
the Defendant ; he was co-executor with his t.
his father's sill; they went to school Weather ; the
Defendant wee shout 43 years of ate; he WOO a
ma■ of propesty ; he succeeded his father in bu-
siness.

The beerch of promise wu a ImiUed by Mr.
Parke. Coenc.l for the Defend tot ; as were the
letters allowed to be his haud.writiog : they were
read by Mr. Lowten.
This closed the Plaintiff's case.

Mr. PAIR! addressed the Jury. and said he
would begin by telling them, they most give a ver-
dict for the Pleintiff; he assured them, he did not
know of the existence of one of the,iettees that had
been read, until he carne into Court ; the Defend-
a:it had no copiesof them, although they were pre-
served with scrupulous acre by the Plaintiff. He
agreed with his Liamed Friend, that it was a rno,t
singular case ; but unless they gave him credit for
every assertion in his ripening speech, which they .
well knew they dared nee,f here was nothing the call-
ed fur excenove danufges : theta was no evidence bi -
fore them that would entitle the Plaintiff to it : the, e
was nut a tittle tweridence end ;hewed the Del n(1.
ant bad acted unmanly, however he mig:lt have tool-
-014 and indelicately. lie wished to know wiist
it -
jury the Plsiiittlf had mistained ? if .he WO Ca. -
stilted deliesce. she *mild have had it settled by
one of the J a private room. instesd of being
exposed in all the pubic wessiespers. lie con-
fessed, if In• Ii id known of the ex'wence of threw.
letters, he wneld have persuaded hes Client n• t
to have alio.. -41 the i7anse to come iota Com t ;
but es he was there. it le cant? Iva (Mr.-
Parke's) dole to speak in ii.itigation of da-
mages. By the acconnt grime for the Plaintiff, tl a
Defendant only courted the PI iintiff for three
weeks and one day ; this was •• the VP y head aid
front of In. r.ffen.ling." lie would no. sAy he had
acted right—he ttouidtesteater into the De fend a n

417icaeles-43nt What proof wee there thlt his egerliou
was (else ? Mr. Attorney-Geoend, he wes confi-
dent, would not attempt to say such a thing, as
alleged, could not exist. But he says, why not roll
the Physician to prove it? In answer to this, he
woild tell him, that it was thought imposaiLle
that it could be doubted. Fle would admit, if he
was not well acquainted with the rule of evident.,
and had heard such an effusion of eloquence o,,thot
divulged by the Attorney-General, he should be
prejudiced egaiust the Defendant ; this was the her
be uisived to prevent them from splitting on. Ile
would ask them what the Plaintiff had lost by not
marrying such a man as Mr. Charles Rubinson ?
or what damages the Jury could give agaiust him
far three weeks' improper courtship ?
The Jury, under the direction of his Lordship,
gave a verdict for the Plaintiff—Damages 3,0001.

COURT OF COMMON PLEAS, GumomALL, Avc. t.

Before Lord Chief Justice NI ANsFieLD mod
Npreial Jury.

MONTAGU V. JANTIERIN.

This was an action for money hail and received.
Mr. Serjetnt SHEPHERD stated, that this was en
ileums of very great importance to the officers of
the navy. The Plaintiff was Port-Manna at
poeunni.utli, and the Defendant was Captain of
the Pluto frigate, which was under the command of
the Admiral on that station. The Admiral claimed
a priportinii of a sum received by Capt. lineman,
I'm. the freight of a quantity of species which, by
the ~rder of Government, he had taken to Gijon in
Spain. This demand rested on the universal and
invAriable custom of the navy--and this was the
first time. lie helieved, when it had been opposed ;
for thoie_vi disputes had occurred at times re-
lative to the different shares of ditfrrent Ad-
mirals on the same station, the general prin-
ciple had always been admitted ; and he trust-
ed he should have a verdict, when he proved
that it was cutotuary for the FliagOfficer on a station
to receive a certain quota of the freightage paid to
Captains under his command. He had hiMself
been Counsel on two great causes, where the prin-
ciple was recognised. In the first of these. Adtni-
rrl was the Plaintiff, and Earl St. Vincent
time Intendant. In this case a quantity of treasure
had been shipped on board one of His Majesty's
vessels of war belonging to the fleet of which F.arl
St. Vincent was Commander-in-Chief. The Cry-
taiu of that vessel paid over to Earl St. Vincent, as
first its command, one-third of the freightage, as
was customary ; and Admiral Parker, who was a
junior Admiral in the same fleet, brought his ac-
tion to recover • junior Admiral's share of the one-
third so paid over. In the second case, Captain
Dmially, of the Narcissus. having conveyed a great
quantity of treasure from NM Janeiro, paid to Sir
Dame Popham the one-third, which was custom-
arily given to the Flag Officer ; but he subsequently
brought his action for restitution of the mo-
ney so ptid, on the ground, that though Sir Home
Popham was • Commodore, he was not a Flag-
Officer. In both these cases, there was a plain re-

cognition of the principle for ;Filch his Client con-
tended. The Plaintiff in the action then before
the Court, commanded at Portsmouth, and the
Defendant was Captain of a frigate admitted to
have been within hisiuriadiction. AVhatever orders
may he transmitted by the Admiralty for the direc-
t on of particular vessels, when the Admiral com-
manding on the statin s receives such orders, and
delivers them to the Captain of the vessel des.
tined for any particular service, the latter is act-
ing under the command of the Achairal, and
not under Admiralty orders, as has been as-
serted. But where the Admiralty wish that
a Captain should withdraw himself from the com-
mand of a particular Admiral. when those °Mere
are given, the Admiralty apprize the Commanding
Officer of the event, and the Captain, of course, is
tendered independent of hi o. If he was not mis-
informed in what hail been stated to him, and
which had been acted upon by ninny of the ant
°Seers in the Navy, whom he should that day call
to verify theists. he would thew that Admiral Mon.
tags was justly entitled to one-third of the freight-
age received by any Captain under his orders.
The Learned Serjeant observed, that he was happy
to see such anises brought before them, because
they were the means of placing iu letr view those
great men to whom they and the country at large
were so much indebted. The present action grew
oat of the following circumstances'—The Govern-
ment of this country. deeming it necessary to send
a •iipply of specie to Spain, the Lords of the Ad-
miralty transmitted an order to Admiral Montagu
at Portsmouth, directing bin to dispatch either the
Sekbay or the Plato frigate, which ever could most
conveniently be spared, on the service. The Photo,
commanded by Captain Janverin, was accordingly
sent, mill the money fur the tirightage aits paid.
The Plaintiff demanded the customary allowance,
hut the Defendant reinsert to comply with the re-
spiration. If Admiral Montagu were not perfectly
correct in his demand, then not only many of their
greatest naval heroes who were then living.but many
also who had ceased to exalt. had acted contrary
to justice. There had been disputes about the sum
to be paid for freightage to the Captain; and cases
had also arisen, where. in transhipping Impure
from one vessel to another. differences had oc.
curred as to the PQM to be paid to the original
cmier, and that to be given to Win on board
n hose vessel the specie was eltimetely shipped. In
coasNueace of the public business being retarded
by thole aniiundervtantlang., the Lords of the
Al'reasury wrote to the Lords of the Admiralty, re-
ues:ing their interference; and st was by them di-
rected. that, into' the date of their order, when-
ever any iiistruc•ion• were pent to Captains of inm
of war, in r-lotion to the shipment of am articles
• His Majesty's errs ice, such. itt.triir.
(imp. kflootil he immediately carried into effect.—
He would tint detvin the Gentlemen of the ./nri
Juni:cr. but support the facts contained iii hi.
statement. by the et Attlee of many distinguished
characters in the :Sony.
For the purpose of .urine trouble. several papers
were here read by the clerk ; the contents of which
ware selniesced is by the Defeuriane.Coonvel.
They welinitted, that Admiral hlontetta, it the
time the traniortion took place. Li July Mho. was
Continarider-ia.Chief at Portsmouth. and specified
the extent of his jurisdiction—that Defendant's
vessel was thee within the Admiral's casassud—