The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-04 00:00:00

MAIDSTONE, WFD!IVIDAY. ADO. Q.

The Loa's Cut tiF BlkON finished the Cranir
Side early this morillog. The 1.1)11:11Jet of prison-eel'
was onpreceileutedly few for this county, and there
was nu particular cave of interest.
(Vint. SIDE. •
('nllA C. WY ATT.
This war an act intim. iCe,:tirVliirtiltSt the Defend-
ant, it 110 jhaltheJ, N. I dOt.I .4 the ?/1:11It1r of Munster,
in the Isle of Sheppey, un.l claimed the ~'ace nn
question as the waste of the Manor, Litiog past of
the sea beach.
Mr. Stair...ld Eger, for the Plaintiff; stated, that
the Defendant was in the habit of carrying away the
Sea beach, iu such a degree, as to let in the sea 1111011
tile adjoining land of the Plaintiff. lie raid there
was a natural mound of shingle above high water
mar';, which was a protection against the encroach-
tun :.its of the sea, and this the Defendant was COII•
tic:tinily can yiug away ; and if he could justify the
Ifni ;hl' it, the is hole hind of the Plaintiff would
ultimately be washed into the sea. He admitted
the Dertaidant was Lord of the Manor, and as
such Lord, he was ready to allow bon the full roy-
alty of the sea-shore ; but in law that was only to
where an ordinary high water-mai k was; whereas
lie should prove that the Defendant had continually
taken above that mark.
Two witnesses-were called, who proved the tak-
ing of the gravel, and that the sea had mnde cli-
ent:who:lent so much of late years, that what war
formerly pasture, has now coveted by die sea and
shingle ; but it was by the operation of the .sert,
and nor in consequence of resuming the gravel.
Mr. Serif-tint Stir PH RllOl. fur the Defendant, said,
that he should sinew, from time as long hack as
luring witnesses could carry it, that the Lords of
this Manor had always taken the stories artlie
beach wherever they found them, wi,thout apt' die.
tinetion as to the high-sister (nark; That all other
persons who had bikers them paid the Lord's I,lailitt
en acknowledgment, whether they were takeu for
ballast or for re airing the highway.. The ques-
tion, he observed, was ass exteriorly important one
to the Defendant, who was the patentee al Parker's
building ceineut, the stones for the making of
which were gathered from this spot ; and it was not
until these stogies became an object of value, that
the present ever thought of disturbing the
right of the Lord, or manioc up any claim of his
owl'. This beach also produced copperas awl
sulphur stones, 111114 they ware, fur a long series of
years, surievisesl the only stones of value on the
be ; aril as M thein, he should proilace a series
of old leases, from the time of Charles the Second,
by which the Lords leased to soveral persona those
stoner, room' on ail parts of the beach. When he
hari proved this undisturbed possession on the part
. of the Lord, he thought it would entitle him to the
verdict of the Jury.
Strobel, 111)11% who had hero Twilit!' of the Ma-
nor fur 57 years, proved dirt the Lords ha.l taken
'think Karl 'crimes from all parts of the heath,
during the whole of his time.
Several other witnesses were examined to the
same fasts.
Lord V.l.t.v.tirsoitouinn observed, that it was
proved the beach had goer over and encroached on
the parturage of the Plaintiff. Not, if the Lord
had a right to the .4011114, it wroth not give hirri a
right to the soil and freehold, which was the issue
oil the record, by which the Lord claimed the place
as part of his freehold and estate. The Darn-
daiit's right on the shore was that which lay between
high and low water-mark, and was alternately wet
and dry. Verdict for Plaintitf7-Daspages Is.
THE KING 0. MARTINI..
This was an indictment against the Defendant,
who was Overseer of the parish of Wrothain, in this
county, for falsely charging the parish with sums of
money in bin accounts, with intent to cheat and de-
fraud them.
Mr. GARROW stated the facts of the case, which
were, that the Defsrarlarrt had, for three successive
years, been overseer of tire parish of Wrothain, Nod,
in the month of May, 1807, having reorient( hes
act-omits, he stated the balance in his heads to he
but .261. add. lipmr reference to the accounts, it
appeared, that he had received several saws hf
tuo-
ney, which were not inserted inpis accouilts, parti-
cularly a sum of 201. which he had received of one
Morgan, a gentles/lair's servant, as a composition
for * bastard child. When questioned about this
sum, he denied that Morgan had paid it, sod after-
wards put it oW ass joke. Murt,oin was called, who
proved that the Defendant crime to him in London,
and told him he had a warrant against hint. Mor-
gan, to prevent his apprehension, paid bins the sum
of 201. as a composition for the child.
Mr. Serjeant BEST Milk several objections to the
indictment, which were over-ruled, and the De-
fendant we, found but. as he had refunded
all the looney, the Parish, lay their Coinisel,
.late 1, they did oot mean to pray judoment *punt
Into.

7777

. ,•, •
BY EXPItESS.
1
•. /IRInSII PRESS OFFICE.
Aida', morning, one o'clock.
ADMIRAL LORD GAMBIER'S coußr-
M ARTIAL.
At one o'clock, this morning, we received, by
Express, the Proceeding.. of yesterday, (Titursday ),
on Admiral GAmtitEit'l. Court-Martial. They are
as fulliw
:
EIGHTH DAY.
THURMAN', Ammer 3.
The Court tut t this day, pursuaut to adjourn-
ment, at iii o'clock; when
Captain K tdstit tens called in again.
Q. let your way out from Aix ktoails, to join the
syaa lii in Basque Bomb, did your ship sustain
damages from the batteries of the enemy ? :tad
if et., whether from the batteries of Oierou, or
those from the Isle of Aix, or both She was
shuck fi the battenes of Lie d'Aix, on my
passage out, on the morning of the 13th ; and the
',hells I'lll4l oletoll were fluvallig Orel' her at the twine
time ; it WS. ueilc one shot, meter the main chains;
the loss was oil the day bet'ore.
Q. Were you coming out with a leading wind %
—A. A tuna laitat 3 ; and gtnog about alit knots
thruiteli the water.
Q. What damage did yon receive on the 13th ?
—A. TilL, bowsprit aevcre ly wounded, great part
of the muffing rigging tilt to pieces, tine planks
of the rjoarter-ileek cut through, the pouter-
duck beam euttrely carried civay, and a num-
ber of shot in different purls ; .4 milt killed arid
13 wounded ; tr.() lot' whom atterwerils deed.
Q. Cali pm 33,7 who-ther your ship received
these. damages froitt the istieusy's siteis with which
you were eiegsepql, or Irmo Hie enemy'. batteries on
shore lie daillAgeh iii the both. and killed
wad wounded, were from the batteries or Lle
that of the mining riggini from the Aquila:. and
Verservir.
Q. In your coining out of Isle d'Aix Roads, did
you as near its you could to the Iliopirt 5110441 ?
—A. A close to the Boy-art Shoal as possible. I
'ore up for Isle d'Aix.
Captor/ IIALCoI.AI railed in again.
By Mir R. Cur its.
Q. Did you observe the enemy's thret-decker on
shore ?—A. 1' es.
Q. Was she in a !situation, on the tivorniog of the
lith, to have done ally imschief to soy biotic that
had been sent in prior to the removal of the two
French ships that remained et author, us well es
what might have occurred from the fire of
Iwo shops:'--A. It was needy high-water till noon:
she was heeling considerably, and appeared to tut
to Ge throe t.tg .her guns overboard—when site
righted, she could have annoyed ships coining in.
Q. At what time did this three-decker remove
from t;:is situation, a here you saw tier on shore heel-
ing ?.—A. t cannot speak exactly to the time ; but
I sopptaie considerably before two o'clock ; 1
can-
not say whether it was before or after ; I was ab-
sent from my ship at the time, on Wan' the Pallas.
Did the other Vielich ships, which were oil
shore opon the Pall.. wet eftereards gut oft into
the eet ranee of the Charente, do WO about the tint.
that the three-decler did I—A. Yes.
Q. Del any of the enemy's shy* that got on share
upon th.r Pallas, oil the night of the 1 its of April,
get elf and escape, cieept those you have alreeily
sieutiteted, the thre,•-deciier, and those that got off
afterwords? —A. They all got 011 except those that
were destroyed.
Q. You lave stated, that had ships been sent in
to attack the enemy, before the two ships that were
at anchor had ri•snoveil, they would be sulijeet
to the tire of these two Mittel; cud you have also
amid, that after the three • decker righted, about
noon, she also would have annoyed the ships regal
ell; are you then id te•iiitoo, that it would have
been priapic to Ill:VC ,emit anyslugs ill Wilde the two
ships at anchor, and eke three-decker, conti-
nued in those situatious emistilering also that the
ships sent in would have been likewise sulijeet
to the fire of the batteries from Isle d'Aix, auu
considering the state and direction of the wool
at that time ?—.h. 1 think that ships, on no
could *all propriety have been sri,
in to al ta. k the enemy, till at least hail
float, about noon ; nod thut stapling them in after-
nerds, wit l.t the enemy remained upon the defen-
sive, 'wool,' have hero attended with very consider-
able risk ; because, laid they been disebled, with
the wind as '0 wits, they could not have come tint,
but meet hair gone to the month of the 31arino-
son passage, which WWI ill ituderstood ; but where
had liven led to belit ye there was aiicliorage our
a few large slips..
Q. You have ii:ated it to be your opinion, that
half flood was about none, and that the enemy's
ships hod got orb at about d rms.; and you havang,
in mute ver to the precerliti,4 tjarstiiiii, stated, that
any ships sent iii, previeds to the removal of the
French ships that cut otf, would be liable to con-
siderable aunoymice from them, as well as from the
Isle of Aix, would you then have sent ships in before
these ships were gut ofl'?—A. find it appeared to
we that there was tin other chance of deetrOi lug
those ships but by such an attack, I certainly think
it ought to have been wad ~ but it was iiitilenituod
they must all egion gronlid at the mouth of the
Charente, wheie it was thee received opinion they
could Ire attacked itgaiu by gnu-brigs. tire-vessels,
sod partleufirly bombe. trithout any risk ; acid had
we that 'northing a reserve of tire-ships. I think
some of them would have keen destroyed at the
flood tithe ; on the 12t1► there were fire-ship e pre-
!Mired with all expedition, but were too late.
Q. Dot you reateoilirr at what tune of the day
of the 12th the situps were sent in?—A. I cealiot
epoch as to the tone, I was out of my ship.
Q. CI the whole, art you of opinimi, that of
slI the French ships Which got on shore upon. the
Pills., oil the nicht of the 1 lilt of April, any
more of tlnnh could have been destroyed, man were
destroyed, had the Braila) ships been earlier sent
ill sit. the 1.2111 of April to attack them ?—A. Dad
they heel' attacked by the British ships. in my
they could not have bettt warped off bum the
shote,ws it was sievessery so to do, to ley out ambers
to heave them off; t haw that weri• not avoinni, had
always the option of mooing farther up the Chile