The British Press; or, Morning Literary Advertiser.
London, England, 1805-01-26 00:00:00

V "yr
COURT OF IMIG'S BENCH, WMTMINSTER.
vavasoer, Jae. 24.
IMPRESSED sLAMAN.
In Me moaner of JONI. Ikon's, an awirerwd Seaman.
Mr. JARVIS moved for a Rule to shew cause why
the Mit of Habeas Corpus, in this case, should not
be quashed.
The Learned Counsel grounded Isis application
upon the affidavit of the Muter of the ship to which
Brock belonged, and the several Ibits of Parliament
on the Greenland Fishery. It appeared upon the
affidavit, oat Brock was apprenticed for the space
of five and in the month of ()Bober, when
he was%reseed, was of the age of eighteen years
oil three months
The Aet oldie 16th of His present Majesty, after
'Midi* that wary vessel in the Greenland and
Southern Whale Fishery should have on board a
certain quantity of Whs. lien, harpoons, ke. far-
ina tAuietel a ssirthited number of men and ap-
Pemicess periiiised to the number of tons bur-
ets law to be indented for three years, at the
dorm dm, tea 14 and under 18, and that
not be accounted among the
queethab, therefore, was, whether the
also bock, under dip SIM Geo. 111. was that de-
-6145611 of Fr u* Iwe poietbed bey
_nod the tens
of *pee years ? He observes diet Ms was • very
hipmat question to the navy of this kiagdssos,
and tit treiierstood there was at present a bill before
Parlimeent upon this allied. He had conferred
with Kr. He Lsove, who was nn the other side, and
they kid agreed to bring the question before the
Co•irt for their Lordships opinion. Rule to shew
cause granted.

FRIDAY. JAN. 25.
CRAMSZISTI. CAULFIELD.
Mr. DALLAS moved for a Rule to thew cause
4rlty there should not be a new trial in this case.
This was an anion for Crirn. Con. which was tried
at Westminster, the Sittings after last Term, of
which we gave a full report in our Paper of
the 4th of December last. The Plaintiff obtained
a Verdie of 2,0001. damages.
the Learned Counsel moved upon two grounds
The fist was, that in point of law, the Verd'
should have been fur the Defendant, and the next,
that the damages were excessive. He o,served,
that Mr. Essatrie, for the Plaintiff, had proved his
case, by giving in evident': cir Lumaances -f adultery
having taken place in the month of August, 1799.
A deed had been entered into between the parties,
which have the wife a privilege of separating from
her husband, and, in pursu.ince t fit, she did sepa-
rate from him, and they had lived separate and apart
for some time previous to the aft of adultery proved :
to support this, he cited a case in the Term Re-
ports. of Weldon v. Tinehrell, where it was held, that
after such separation as appeared in this case, no ac-
tion for criminal conversation could be maintained.
On the second pi.int, of exce.sive damages, he ob-
served, that the acquaii•tance of the :Defendant
with the family oi the Plaintiff commenced only
tix months prevnAts to the time the act was charg-
ed ; and that the rainliff, by cruel and brutal treat-'
went of his wife, has disgraced himself. and,
therefore, he contended, that. upon these grounds,
if the damages were not merely nominal, at the
least, they ought to be extremely small.
Lord Eor.111110110OGIS^" You %ill be so good,
is arguing this case. to causider the groan& en
which Weedon and Tinsismil was decided, but most
particularly as to this point, whether a deed of semi.
'..ration can preclude the husband from bringing an
anion in case the person of his wife should be vio-
lated ? I wish this poise to be argued to its founda-
tion. Take a Ride to show cause."
THZ CPO IF TIIS 11031. MS. DORMS.
In the COWS* of last term. Mr. F.RSKIIII moved
for leave to file a criminal information against the
Defendant, for sending a letter to Mr. Robert
Knight, pith intent to provoke him to a shallow.
and to fight a duel.
Mr. ERs►INR moved so make the male abide*.
and as no affidavits had been filed in aaswet, the
rule was accordingly granted.
COMMON PLEAS, WES/PANS-En, Jan. 21.
Sit/lags at Nisi Pram before Sir Janes MADIStIILIT.
BEDFORD plii/011 S. PLIIITWAN and tet.i.onies.
This was an a&ion brought against the Defend-
ants, as printers of the newspaper called re Mere-
lns
Advrtisee, to recover three penalties of 501. each,
for inserting in that paper three advertisements, of-
fering a reward for goods lost. with no questions
asked. contrary to the AB of the 25th Geo. 11.
commonly called, Jonathan Wild's ea.
Sergeant Saar HEIM addressed the Jury. and begged
to know, whether any of the Gentlemen then in
the Box chanced to be Proprietors of The Messing
tether,dk and was answered in the negative.
He then stated. that by the Mt of the 25th Geo.
11. it was positively forbidden that any penes
should insert any advertisement or paragraph, be
public paper or print, stating that certain things were
lost or stolen, and offering a reward to any person
who should give them up to the owner, and, at the ,
same time, promising that no prosecution shoublha
commenced, or, as is commonly the words Wife
use of, that no questions should be asked. He them
adverted to the different advertisements, and said,
that all he had to do was to produce the affidavit of
the Defendants. lodged by them at the Stamp-
Office. and to prove that the advertisements were
inserted. He concluded by apologising to the Jury
for inquiring whether any of them happened to be
Proprietors ; but as he understood there were 1768
shares in the paper, he thought there was so great
wo.tder in asking the question.
Mr. Lionel B.wth, an officer of the Stamp-Office,
appointed under the Mt to receive and keep impres-
sions of the newspapers. produced the papers which
had been lodged with him. The advertisements
were then read. The first was on the flth of Sep-
tember, 1804. and began with " Teri soonest re-
ward. la watch-nuakees, pawn-brakees, and ethers.
Lost, as old:fashioned plain gold work, with dials and
seal. kc." Every part of which was accurately de-
scribed, and concludes with, " Whoever will hei,lthe
same to a Wigan hawse (mentioned in the advertise-
ment), shall ten guinea' ,word; and if an, eat
has ad vowed money on A they iepaid4 ant es fen.
ions asked."
Ile second am on the 15th of September, 190..

Thfs was Air some eapper-m.--.
had has purchased by as one.
• The third WM eti sis Aver spoons, and offering
to pay the expenses, if best, or to redeem them,
if pawned.
Serjeant, Bier and Leos submitted. that this ac-
tion could be brought only when goods were actually
Ina sr stolen, and that. as there was no evidence of
this, it remained with them to prove that the gouds
were lost. and they were convinced that could no' be
done, as it was entirely a trick, for the purpo.e of
committing a fraud on the newspapers.
Sir Jan Mamsr LLD said, that if that were the
case, it was a gross fraud on the part of the Plain-
tiff ; and that, if any person could be base enough
to do it, every step should be taken to punish him;
but he conceived that their own advertisements were
evidence that the things were lost or stolen ; and as
the Plaintiff was a common 'informer, he was not
supposed to kaow whether these things were lost or
not, but only commenced the actions from seeing the
advertisements.
Serjeant Bavtav said, that as there were so many
proprietors, it would not be more than three shil-
lings each.
Sir JANIS MANSFIELD explained the Act to the
Jery, and told them, that, according to law, the
Plaintiff had a right to recover. and they must find
the three sums, not as damages. but as penalties.
The Jury asked, whether it were not: in their power
to mitigate the pomaded
Sir Janes MADSPIELD said, he did not think it
was consistent with their oaths.
They found a veriat fir the Plaintiff, damages
to the amount of 1501., vis.iol. sit each action.
SPORTING TRIAL.
snots W. DAZES AND DODOES.
This was an xenon brought against the Defend.
ants, who were stewards at the Canterbury races in
11105, to recover the sum of 501. the value of a
plate then run for, and which they refused to give
is the Plaintiff, alleging, that his mare was not
emitted to run, she having won a plate at Tunbridge
is the same year, which was contrary to the rules of
the race.
Serjtant CODILEL, on the part of the Plaintiff,
stated, that the Defendants were appointed stew-
ards, for the purpose of regulating and deciding all
difference, which might arise at the races which
were held at Canterbury. It appeared, In the pub-
lic papers, that there was a piece of plate to be run
for, by a certain description of horses. Mr. Emden,
seeing this, went down there, with his little mare,
called Gipsey, and having paid the fees, she was
duly entered, and every necessary form gone
through, to entitle him to run her. Five horses
started the first heat, but Glow!, led them all, and
arrived first •it the post. The nest !o her was a
horse called Gift, and the next to him a colt gut by
Perms • the other two were distanced both by
Gipsy and Gift, but the Prgors colt was only dis-
tanced by Gipsey, being within a very short distance
of the second horse, GO. When they were pre-
paring for the second heat, the objection was started
that Gipsti, had won a plate of 501. at the 'Tunbridge
races in the same year, and therefore was not
qualified to run ; but, notwithstanding this oh-
rftion, the groom was weighed, and Gipsey ran
the second heat with Gift, and was again victorious.
The learned SERJ SANT concluded by saying, that a
still stronger point in his favour was, that the Pep-
no colt, distanced by Gpiae. did sat, nor would not
be allowed to run the second heat, though. if it had
been the received opinion, that Gipey was disquali-
fied, then the colt would have run, lad had a right
to insist on running, as he had not been distanced
by the second horse Gift.
Henry Crosier deposed, that he was clerk of-the
course at Canterbury in 1803, and that there was a
Ow run for by Gipaey, Gift, the Priam colt, and
curb others. In the first heat, three of them were dis-
tamed, and in the first and second Gipsey was before
' eitt•
On his cross-examination, • he said, that after the
first heat, he had heard it objeaed by the Stewards,
that Gluey had won a plate at 'Tunbridge, but
that they having gone away from the scales, the
groom was weighed, mid Girey won the second
heat. He also said, he had heard Mr. Emden as
knowledge, that he had %Won a plate at Tunbridge,
which was advertised as worth 501. but that it was
not worth SOL
Upon*, tOSdenee, Serjeant Bur contended,
that thePlalldfftliotld be non-suited, as it was a
condition 1t the Canterbury races, that no horse
should run, who bad, in the same year, won any
plate to the value of SOL
The Court was of opinion, that the Plaintiff
should be nosisulted.
FRIDAV, JAN. 25.
WETNIIIINEAD.

wtMtts v.
Serjeant SNZPIISRD moved the Court, that the
Defendant should be discharged out of confinement.
He said there had been an agreement entered into
between the Plaintiff and Defendant, that the latter
should take all the hops, half-bags, and half-pockets,
which the former should grow in the year f so 4 ;
and should pay for them, at the rate of six guineas
a hundred, as soon as they were packed and deli-
vered. The Plaintiff demanded payment for the
year's growth of hops, when he had tendered a
part of them. and the Defendant, refining to pay
num, was arrested, and thrown into gaol. The
ground on which he moved that the Defendant
should be discharged, without being held to bail,
was, that it did not appear hon. the affidavit of the
Plaintiff, that the hops. which had been packed and
offered to the Defendant. were properly dried, and
every thing done to them to make them fit for
packing, nor did it appear that they had been put
into bags and pockets.
Serjeant BAT Lay said, that. he hoped the Court
would think the affidavit sufficient, or, if not, that
they would permit him to amend it.
Sit SAMS' MANSFISLO said, that by the agree-
ment, the Plaintiff had engaged to deliver all the
hops he should grow in the year, but it only ap-
peared from his affidavit, that part of them had
been tendered ; he did not, therefore, think, th.t
the Defendant should be held to bail, but that he
should be discharged forthwith.
SlPTillUlt SA Y Litt then moved that the Defendant
should undertake not to bring an &Rion of trelsass
fee the arrest.
The Comet did netthisk an axon of trespass would
Se egelsaldse, estimated the rule abselate.

PORTSMOUTH, JAM. 24.
Arrived the r ..gire.ope and Legg privet Cr‘. add se-
veral outward -bottnd vessels, from the Downs.-vo
Wind E. blows hard.
DEAL, J \H. 24.
Remain in the Downs, the Ardent, Utrecht, and
the failexthic men of war ; Leda, Greyboyncl, and
Carta,. frigates ; Arab, Alonzo, Dart, Zephyr, and
Barletta sloops of war ; Volcano, Zebra,
Real, and Lucifer bombs; Rbr. rr, Jnrl al4 T heal her,
Honorer, and Riffrthan gun-brigs ; Royalist, So,.
he, Draken if bedtard, Muster Dauber, Triton,
Helder, I, wave, Traveller, Aar:, (Pollen, Diadem,
and Aereee armed defence ships. Wind, S.E. blows .
hard. No communication with the shipping from
the snore.
awe".
At Datmotith—.W. Washington, Otto, from &Nevem .•) ,
tthr
and the Ft-rtta --, from Salle, with d unapt •
At Liverpool—the Four Brothers, ?Arrington, from Vass,- • t'.•.
chusoo.
At Norway—the Sampson, Neilson, from the coast of
Spain.
In the Eq.:l.-v.:he Afirte' Ilanion, (rim London.
At St. aliv•liael's —the Charlotte, Wanslatitgli, from Mottr.vey. •
At it trbado,—the Etiterpri•.l, Lawton, front .1 fric.a,
t,eating off a Fre:ich privateer.
Thursday the dispatches for the several Presiden-
cies in India and China were finally closed at tke ,t
East India House, sad delivered to the Parsers of
the following ships, viz.— •
Wexford, Capt. W. S. Clarke; Henry Addinroo Ca
Kirkpatrick; Bombay Castle, Cape. Hamilton. and key
George, Capt. Grihble, for Bornhay and China; kart of Abes•
gavenny, Capt Wordsworth, for Beugal anti Chi a.
Two very valuable prizes, captured by a south ei
Sea whaler, belonging to Messrs MA Pa LLs„ of
Wapping, are now safely moored in rho river
Mr. Bates, the late Meitner •ior Herfoulahlte,
has again offered himself to fill the vacancy i t she
representation of that County, occasimed by the -
death of Mr. Lana.
A few night* ago, a desperate assault was commit-
ted
on 'f uom AS Av atrium, Esq. who is a partner in
the cotton manufaciory. Carlisle, tender the firm of
Litesn m and Co. with intent, it I. supposed, of
robbing him. In riding between the above-named
place and Stenton. about half pa.t ten o'clock, at
Coasting Sykes, where there is a narrow 17111.1 lead-
ing to a small bridge, he was attacked by two rtiflia7:s
who pulled him off horseback ; and, while rte wis
stinstly conflitling with them; the spirited animal he
rode upon, set off homeward. -Mr. A. vigorouly
defended himself, and had knocke I down ,me of the
assailants, when, as if to his assistance, the mare
cams galloping back, the distant clatter of %Otose
feet so disconcerted the villains, that they fled very
hastily across the country, though one of them wag
much bruised; wheretip m Mr. AT:O No-es, with ce-.-
elder:able property about him, joyfully remreaO;).:.l,
-and got safe home.
A few days since was opened to the Public. a
beautiful Painting, executed by Messrs. Rate so a •
and BA R a, representing Sir Sedscy Soli! Action
with oty-nine sail of the enemy's Fotilla, in May last.
It comprehends four classes of their vessels,
Prams, Schooners, Schuyts, and Lug-sailed Rowe j
boats ; and shews the City of Ostend, and the Flo- .
tilla in the harbour, with a line of sandy coast
towards Flushing. this Painting is the admiration
of every one who has vet had the pl-7aiutre to view
it, and is highly interesting on macor accounts.
_.
The effect or sun-set, the glow of colouring over -
the whole, and the =curacy of the representation,
arc such as will certaidly ensure the Artist: mob
praise, and the patronage of the public. We have •
heard that the whole has been d'rected by a person -
of the first authority, together with the joint inform- .
ation of the Officers of the Squadron then on that .„
station. This Painting, and the Classical View of I
Rome, eminently interesting to every one at. all
conversant with the Roman History, which is to
continue open for a few months longer, render the
Panorama in the Strand a most sublime and inte-
resting exhibition.
Theold Grecian moralist, EPIC /STU s; says, "Every
thing has two handles." Bat the P.tlosopher seemed
to have no idea of the nom/ A •veires by which For-
, tune is to be laid hold of ; at least, he had no con.
ceptiun of the numerous :Wee haled et which future,
ages would prese for raising her votaries to the
pinnacle of sudden and imniense wealth. How
would the old sage have wondered, had he heard of
such a catalogue of Capital Prizes as she Scheme of
the ensuing Lottery contains ! There is little doubt,
however, that, under inch intorrnatien, he woeld,
have exclaimed, " Purchase instantly a chance, lest
every handle that Fortune offers becomes lost to you"
B EN toit'd for years against the tide,
I n silent isi,h to mend hi.
S ince Labour all his want. denied,
H op* gave poor Sett a Lou'ry Shan".
No Tine TO as LOST .--The unprecedented de-
mand for Tr c ITS and Se acs, in. the ensuing
Lottery, being tar beyond calculation, a great ad-
vance in the price must be the cousequeece. J. Joins-
sox and Co. therefore recommend the attention of
their numerous Friends and the Public to come to
an immediate purchase ; and re.pO.lfelly inform
them, they have on sale, at their old Fortunate Li-
censed SIAM Lottery Office, Not 3, Pope's Head 1
Alley, Cornhill, London, TICKETS and Sit,. aas in
the greatest variety of numbers, and at the lowest
prices.
A few day. since, an industrious young man fell
into the Thames, and \ hen rescued from the wat:ry
grave, was conveyed, as an apparent corpse, to the
Acorn, William-street. Twenty minutes had elapsed
before the arrival of Mr. BA it ev, Salisbury-square.
In about half an hour, signs of return ng life were
evident, and the next day the restored person was
removed to his friends. At the monthly Meeting
of the Managers, JOSRPH Jest:teas, Esq. presided,
when the Medallion was-unanimously voted to Mr.
BAIL iv. 'rise Treasorzraipaid the rewards to the
claimants, as recomm . Likewise four brave
sailor, were rescued fitan the perilous ocean, and re-
stored by Mr. BANK ES, of His Majesty's ship the
Pearl ; Affidavits were made by :he Surgeon and Mr.
BICE, before the Mayor of Patin. r:seb, so that the
parties have been liberally rewarded by the Hamer)*
Society. SUBSCRIPTIONS, BTC• fat carrying on this
life-saving institution, are received at Baron Dims-
Daces ; bir M. Btoxam's ; FULLER'S and CIIIATT E.
RIS t the Loudon Coffee-home ; and at No.
square.

a
`~~~ ~`
,

keF

m-nosipe ; sna at ►w. w/o