The British Press; or, Morning Literary Advertiser.
London, England, 1809-12-05 00:00:00

COUIT Of COMMON PLE4S, Visersistirres,Dsc

11/11.TZAPFTELL v. SMITE mid °THEM
This was au action brought to recover the sum of
.130. 7s. lod. for work dour, and valor received.
The Plaiutia; an engineer, m Loug-Aere. had •
agreed to make fur the Defendant a machine, fur
cutting whale-bone, so as that it would !answer the
purposes to which hog's brimlcs were applied; the
necessity for this substitute being very great, and •
the application very profitable, en account of
the war with Russia, which rendered the hugs tins. *
ties very scarce, and the price very exurlaelit.—. .1
This engine was completed in some time, during
which, teeny experiments had been made, and was
erected at the Defendant's manufactory. in Ken-
sington, where it was worked, and answered the
effect. The Plaintiff pent in his account in
October last, far the stun above-mentioned, in
which was included a charge of 701. for in-
vention, end losses. in experinientalizing, and
elso• charge for a roller. 651. The Defendant re-
fused to discharge the demand. on account of Its
exorbitance—the Plaintiff, to consequence, brought
the present action. The Counsel for the Plaintiff
called several respectable witnesses to prove the
originality and excellence of the machine, and the
modesatiou of the charges. These witnesses stated.
that they would nuclei take to make such a machine
for 2501. or 9001. ; but they deemed the n herr
made by the Piaintift very moderate, on ace unt of
the expense and trouble it had occae d. n n ac-
count of its having heels an original invention.
Mr. Brarnali, engine-manufacturer, in Pimlico.
▪ gentleman of very great respectability, was one
of those who stated his •pprobetien of the ma-
chine, and the moderation of the charges.
Thomas Schen', foreman to the Plaintiff, said.
that he had been employed in working this ma-
chine fur the Defend.ints, who always *approved of
it. lie said, that in consequence of oil not being
applied, the component parte of the machine were
worn out in a shorter time than would have beer,
had proper care been token.
Olt the part of the Defender:tot, it was co:Articled.
that when they applied to the Plaintiff to menutite-
ture the machine. they had not any ides of paving
for the novelty of the invention, nor had the Piein.
tilf nude any stipulation on that ground ; but. nu
the contrary. made au estimate of the pretieb!*
costs, in which it was mated, that the expense would
be between IGul. and 2sul. ; and this they con*
crier(' wculd be the aliioete charge. The e•ti-
mats aka thtu produced, ;iy atidlt et appeared

fiat the timeline was to have beets constructed tor
the sum above-mentioned, and was to produce, by
fair working, 50 lbs. of split whalebone in a given
time ; itappeared, however, that the machine, when
properly worked, would produce one hundred and
'fifty, in ten hours ; which was three limys as much
as that mentioned in the agreement, and, conse-
quently, muck the more valuable.
siveriel engineers were thin called, upon the part
of the Defendants, who had minutely examined
the machine, but did not give.sa much credit to the
for the invention. They also said, that
the metal used wee net bell-metal, bat soft cast•
iron, sod,' of coarse, would become useless in a
♦ery short time. It was then proved, that the
roller, which was then in the possession of the
w,is unfinished.
Itt answer to this it was proved, that the De-
fendants refused to take it, although it was made
by their order; and if it was unfinished, it was
such a state as to be ready fur delivery in a short
time.. In the ateounte tendered, a charge was
merely made for midi work as liwtl hero (toile to it.
' The Lnnn Cuter Aisne!: observed, that if the
Plaintiff had intended to idake any demind for his
• invention, he should have tivide a specific agree-
- merit to that effect ; but, under the present circum-
stances, he thought the estimate was in a great
measure binding. if the invention was really va-
luable, it became the Plaintiff to obtain a patent
for it, and by that means exclude every other per-
bell from its advantages. With respect to the roller,
his Lordship of npinisn, the Defendants, having
ordered it, were in justice bound to pay for it.
The Jury haviin retired, returned with a verdict
fur the Plaintiff of 471., the Defendants having al-
ready paid 3101. into Court; costs 405.; the De.'
feticlants to have ihe roller.

CLERKENWELC Dsc. s.

Before Mr. Justice MAINWARING, and a Bead.
•
• ry. MAGIsTaATES. •
ASSAULT.
•
Thomas Herbert was indicted for assaulting
Lieutenant-Colonel Vigereux. It appeared, that
the Prosecutor lived at Chiswick, and was riding
on the road from that place to London, when he
was overtaken by the Defendant, in a srig, aceotn-
panied by two other persons. The Defendant was
driving; he struck the Plaintiff and his horse. and
desired him to get oot of the way for a rascal ; the
Prosecutor followed him, and asked him his ad-
dress; on which the Defendant challenged him to
ilkvtit, which the Prosecutor declined. telling him
that he was disabled, as he had received a musket
ball in his knee, which was [meet extracted, and
• caused his leg to be contracted. The Defendant
then told him he was Captain Herbert, and lived
in the city. The Prosecutor then replied. that that
address would not•answer. Ns he must have a more
couriseone; on w Welt theDefendsent lavished the iumt
gross abuse on bins, and struck him several times
with his whip. The Prosecutor bill: followed, de-
manding the Defendant's address. which was gene
ratty answered with the whip. On their coutinig to
the turnpike. at Hyde-park-corner, the Prosecutor
tailed to the person who received the toll, to stop
the gig, butt the Defendant drove furiously on;
after he had passed the gate about one hundred
yards, he stopped the gig, and slighted, seized the
veins of the Prosecutor's horse, and struck the'Pro-
aecutor several times, with his -vhip, after winch he
got into the gig, and drove off. 'Elie Prosecutor fol-
lowed him into the city, owll he saw the gig turn
into a gate-way on Dusgatc•hill. He then again ad-
dressed the Plaintiff, and asked him for his address,
which he answered by the most scurrilous language,
and again exercised his whip on the Pieseentor,drag-
.
ged him 44 his horse, and had turned the butt-aid of
his whip to strike him, when the Prosecutor a as res-
cued front, his grasp by some strangers who hod
come tip ; he afterwards learned hie name was 'rho-
ram Herbert, and that lie was a cotton-merchant.
tesisling.on Dowgittes.litl.
The Jury, without he-itation, returned a verdict
of inv.
The CIIVaSIAN, after a proper admonition, sen-
tenced him to be imprisoned three months in New-
gate, and to pay a fine of 501.

PoLICE.

VNIOY-UALL.
Illivleradi Myers, *Jew Pedler,wou brought before the sit-
ting Mugistrite, charged on suspicion of having stolen •
silver watch-ease, the pr.,perty of James Poulin, a travelling
pie-rwchont. It appeared that the Proseentor had I vises.-
ly, in his walks, net the Primmer, and advairtd the glitterisg
tresaares which were displayed in his p.rsalle irar.Aquse ;
amongst other limos, were some fashionable watch-keys,
which particabirly attracted the Prosecutor's attention, and
lie determined to purchase one ; be accordingly gace his
match to the Primmer, to have out fitted to it. A customer
soon after rowing up, who wished to go held: or tails for a
wash, the Prisoner returned the watch, saying he Lad not
a key that would 6t. and the Prosecutor. putties it into his
pocket, p.oeesded to se. re bps custom. r. nor did he. till two
bourn afterwards, discover the trick which had been put upon
bin, when, on taking oat his watch lotus& is hat was o'clock.
lie perceived that when hone,/ .If,rd,(at returned the wotels,
be forgot to ieplace the outside case. He was committed
fur re-eiamivation. 1

An Expedition, we understand, is intended to be
immediately sent off for the capture of the I.le of
France. It has aiways been a harbour for the ene-
my's privateer. in the Indian seam.
Many great irregularities having been practised
in the distilleries in Scotland, we End that measures
are very properly taking, by the Excise Board. to
enforce penalties, to a vonsiderable amount, for not
complying with the several regulatiumirequired by
law.
In consequence of the intended resignation of
Mr. Dr sr, tisoarra DoveToa, Esq. of Chelten-
ham, has announced Ina intention, by public ad-
vertisement, to offer himself at the next election for
Lancaster..
Mr. Bung. who obtained leave from W. J.lDt-
Irmo, Esq. late Sheriff for Yorkshire, to shoot
over his manor of Scorner, has moat generously left
In the hands of Mr. D.'s agent, strinl. to treat the
sellouts for the damages done, (although they 1411
declare they never saw a gentleman No careful to
prevent doing injury) ; and the farmers, with erptal
generosity, hare given it to he laid out in neces-
saries for the poor, who gratefully exclaim—" this
it a year ofjubilee."

At a Meeting or Council held on Saturday !eat,
• Dec. 1, Messrs. DAVID ti't Latta, and Geoniis
Dawn, elected Associates of the Royal Academy,
Nov. tith last, attended, and having signed the obli-
gation, the Chairman presented to each his diploma.

SVECUTIOY.
On Thursday, at noon, Aunts Edwards, dins
lOw.:ley, and J.)hn Sock, atlas Moe Felon, coati:lW
of a burglary at the last Carlisle Assizes, were con-
veyed in a cart from the county gaol in that city, to
the common place of execution. Bdth while pro-
ceeding to the fatal spot, and when tied np, they
conducted themselves, with a degree of hardihood
which ill accorded with their awful situation. This
was iii some measure to be. expected from their pre-
ceding conduct, which, we are sorry to say, did not
evince a true horror and abomination of the crime
for which they were justly to suffer. The preceding
dly, a friend to the Whitchaven Bank, which had
been robbed, visited the two convicts in their re-
spective cells, and endeavoured, by every means in
his power, to impress upon them, that the only
atonement they could make to man, and thereby
evince a true penitence, was to disclose what parti-
culars they could, that might tend to a recovery of
the property. Although the facts proved at the
trial were so strong as to preclude the least doubt::
Stockton declared his perfect innocence ; denied
that he war at Whitehaven when the deed was com-
mitted, and all knowledge of the parties 'concerued;
and further added, that he had not received a shi:-
ling of the money; neither did he know where it
Was—but had heard, that the parties concerned
had gone to America. Edwards likewise behaved
with an equal, if not greater, obduracy. Ile, in
like manlier, denied all knowledge of the tatir,
any respect whatever ; and said. he was a murdered
not deserving death by the laws of his country.
The gentleman, iindiii„er he could not succeed, left
them, observing, that he hoped, at the fatal place,
'thiy would give that information their unfortunate
state demanded. The hope of tracing out the pro-
perty was, however, frustrated: At the foot of the gal-
lows, the two unfortntiatemen frequently noticed the
gentleman alluded tis; and Edward* called out,
apparently to him, "limy (meaning the proprietors
of the bank. it is presumed) had got his blood, and
he would not say any thing."—To say no worse,
the demeanour of Stockton was very improper; but
we would carefully refrain from making a:ly com-
ment. Observing the constable who apprehended
Min at Whitelniveu, he called out, in a tone of voice
sufficiently audible for us to hear, and, mentioning
the constahle's name, said," I see thy face behind
thy hat : thou art a cursed fellow ; thou brought
us here !" and, again, remarkitig that the execu-
tioner was got atfficiently alert, he, a second time.
(addressing himself to the Whitelsaven constable)
exclaimed "thou hadst better come and assist !"
Stockton, who was in an infirm state of heal th,•nd
had in a great measure lost the use of his limbs, was
obliged ta he supported on the platforem—They
were then tau ached into eternity, and, after bang-
ing the usual time, their bodies were delivered to
their wives. each of whom has young children.
FA wards was abont J 5 years of age, and Stock-
ton about 44 ; each of them stout, good-looking
men.—They have left behind them • considerable
property. Subsequent to their conviction, they
were attentl..d bt thr Rev. Mr. /stark, the ordinary,
and other clergymen. Stockton (being of the Ca-
tholic persuasion) chiefly by the Rev. Mr. Mar-
shall ; all of whom laboured to impress upon their
minds, the grand troths of the Christian Religion.
and thereby fit them for their awful change. The
property taken from the bank amounted to thir-
teen or fourteen thousand pounds.—(Carlisle Jour-
sod.)

--

Dwech Sam attended awe, fair. on Saturday, on
which occasion he had a prititte room, where he
gays lesions to pugilism, ha the rate of .21. lid. per
heed.

The fluard, Prmsow. from Lisbon, to lielip-
land, is on shore in the %lie.

On Wednesday last, pr. S. Susl.t.TY, orOulton,
Staffordshire, and his twin-hi of her. Mr. W. SMKL•
I.liT, came of age; on which occasion they enter-
tamed a great party of their "'flea& and relations,
at the Mansion-house, in Oulton, for many centu-
ries the residence and property 'of their ancestors,
farmers of the. true English stock. Twenty-four
poor families in the village of Whoa, comprising
all the iithdbitants of that class. were regaled with
three sheep, 40 larva of bread, and two large bar-
rels of ale—an act of munificence well-timed, and
worthy of the suns of SAMSON SHEI.LLY.

A match tutended to have been run on the 24th
ult. on the annual race-ground of the Right Hon.
Lord Caw Dot. Stackpool-Court, between Mr. %V.
Jouts's b. c. Garsderpipe, three years old, by Pas-
tor, and Mr. VOY Lu's ch. f. Ilia. three years old,
by Johnny, carrying Et stone each, for 50 guineas
to 25 guinea. (Mr. J otsEs the odds), was pre►ented
a few days previous to the ►ace by the sale of the
'colt to the Noble Lord fur 1001. He was allowed
by +vend Gentlemen present to be the finest of
the age they had seen, being 151 hands high, and
performed his two miles in eitercise with greater
ease and in less time than with the weight he had
previously carried. Ten to one iii favour of the
cult. The deposits previously to the sale were anti-
cablr drawn.
We have been informed, that the whole produce
of wool, from Ilia M.t.il:STY's flocks of Negretti,
Paula,, and mixed Swinish breeds of the current
year (not much abort of 7,000 pounds weight) hits
been purchased by Mr. Jos %%rims, clothier, of
Frontea—B must prove highly exhilireting to those
agriculturists, who have adopted the Spanish breed,
to leant, that M the opinion of this eminent mann-
facturer, the fleeces of Hi. MAJESTY'S Negretti
flock have not suffered the smallest deterioration in
quality, although habituated to the soil and cli-
mate of England, during a trial of fifteen years.
Mr. TIRLIIIIAM has been induced, the precari-
ous state of his health, to resign his situation of
Professor of Printing to the Royal Academy.
Three French prisoners are now culifilied in Ply-
tnouth-Dock prison, charged with forging the local
and Bank of England notes, on board the Generettx
prison-ship in Ilamouze ; one of them lies turned
evidence against the others. The ingenuity of these
men is truly astonishing. The notes are so well
executed as not to he distinguished from good ones,
except on a very close exsmination. They had
rubbed a penny-piece down to n smooth surface,
■nd on that cut the Gavernment stamp for the local
notes. The Solisitor ot' the Bank has been to Ply-
mouth to witness their examivation, and has
brought the notes up to town with him. Till the
Bank have had time to consult on the subject, the
men were remanded fur [other examination.

,- - -
'ivdrAL pyrr,LLIGENCII.
ELYMOLTII. DEC. t. •
Arrived the French lugger:privateerJatow,picreed
for 8 guns, but only two mounted, and 30 men,
from Bityciine, on a cruise, captured by the Helena
s!oop of war; nisi; the Pheasant sloop of war, from
a cruise; and the Duke qf Kent packet, Iron► the
West Indies, having overshot Falmouth.
Sailed the Medusa frigate, to the Westward, and
the Bri.il• sloop of war ou a cruise.
YACMOUTU, DEC. 3.
Sailed the Calypso gun-brig, fol. the Scheldt,
with live-stock on board.—Arrived the Constant
gun-brig, from the Baltic; and Pincher schooner,
from a cruise.
Mr. Gibson, the pilot, who ran the ship, men.
tioned on Saturday, ou shore, on the Barber. Sand,
in a lit of despair, jumped over board, and was
drowned. He belonged to Hull, and has left a wile
and family.
11.41111110ATEs DEC. it.
Yesterday afternoon four French lugger-priva.
feers had thn audacity to make their appearance off
the North Foreland—attack, and carry off, a brig,
that was passing near them. This circumstance
was seen from Ranisgate Cliffs, as well as the
Frenchmen on board the lugger, who were plainly
perceived. Two guns were limed at the brig, which
appeared like a foreign► vessel. An alarm being
given to the ships of war in the Downs, several
cruisers were dispatched in various directions, to
endeavour to cut oft the lugger and her prize.
REAL, DLC. 3.

Remain in the Downs. !lig Majesty's ~hipa us pet
lur, with a large tket of outward-bound fur the
%rest ladies.

Arrived the A114,,,,t0r and Ashton. from Tobago,
and sailed for the River.—Wind S.W.
SHEERNESS. DEC. n.
Sailed the Thracian. with a convoy, fut

The Respect, --y frau Liverpool, to Gotten-
burg, has been taken, retaken, and brought into
the Downs.

The Spy, Dl:exam., from Baltimore, was wrecked
on the pith of IN ovum ber, near the Text' ; crew
saved.

The British Tar transport arrived at Portsmouth
on Friday last under jury-mast. She sailed from
Halifax on the -23 th October. under convoy of his
MaJxsTY's ship Sqrsirre/, Lord WM. FITZROY,
with eight other light transports. They separated
on the morning of the 3d of Nov. in a most tre-
mendous gale of wind, when she carried away her
foremast by the board, main and wizen top-masts,
mid bowsprit, and lay • wreck upon the water for
four days and nights, during which time, the gale
continued with a violence never before experienced
by any of the fleet. The frigate, near foundering.
was obliged to part with • numhcr of her guns.—
Three ships are missing, and the crews of three
others from Quebec were picked up by the fleet,
their ships having foundered in the saine gale.
Mv. WAITHIN AN, we understand, has left town
for Abingdon, to canvass the electors of that bo-
rough.
The Giszette of Saturday contains an Order for
panting to the brothers anti sisters of the present
Marquis TUOMOMD the same titles and precedence
as if their lite father had survived to succeed his
brother, the late Marquis.

On Monday night, a fire broke out in the paper-
mill, called Scotland Mill, near Nleanwond, York-
shire, in the occupation of Mr. Jon IL►aatsotr,
which, in a short space of tittle, consumed the whole;
the sufferer was insnred in that respectable office
the sun, to the amount of 3,5001. hut, we arc sorry
to add, thkt the loss will exceed the sum covered.
Messrs. WHITELEYS, the owners of the mill, are,
we understand, coverer, to the amount of 2,0001.
on the building, in the Norwich Union Office. •
On the 234.1 last, the Pr«sh) tery of Irvine, on the
presentation of the Marquis of Tircitrtsus. now
Duke of POZTLAND, admitted Dr. JOHN MtLitoci,
late of Kilmodan, one of the Ministers of Kilmar-
nock.

On Tuesday last, as corporal THOMAS NUNN,
and two privates of the West SUffolk Militia, were
escorting William Matche: ton. who IMil aurreadered
himself as a deserter from the 2d Dragoons, or
Scotch Greys, un-liandeuffed, lie attempted to
escape in the following manure.—:ls the escort
were near Keswick, the deserter sacitlenly seized
the piece of the maim in front; and immediately
turning round, struck the corporal on the breast,
and drove him back a few paces, in order that he
might have room to act with the seized firelock,
which was ready loaded. The corporal, finding
himself in such a situation, dropped down upon
one knee; and tiring low, with intent to disable
him from running away, wounded him in the knee ;
at the same instant the deserter fired at the cor-
poral, and wounded him in the upper part of the
right thigh so desperately, that he has since under-
gone amputation ; but we are happy to say he is in
a fair way of recovery.
An unfortunate quarrel took place on Sunday:the
19th instant, between two young men, at the shop
of Mr. SWAN, confectioner, in Church-street,- Li-
verpool, which has been attended with very unplea-
sant consequences. Some intemperate language
having been minimally exchanged, one of them threw
• glass of wine in the face of the other, on which
the person thus offendeit immediately stabbed his
assailant with a penknife to the side. Surgical as-
sistance was procured, and the wounded person, we
are happy Ur learn, is in a fait' way of recovery. The
other young man is committed fur trial.
On the 14th last, an elderly man, of rather a
stout make, who had arrived at Dunkeld, Scotland,
the preceding evening, to attend one of the prin-
cipal markets held on the 14th, with a few hardware
articles, was taken suddenly ill, and expired almost
instantly. From the information he had given a
person who travelled with him the day before, it
appeared that he had never been is that part of the
country before ; that he was a native of Irelard,
where he had a reversionary right to some property.
and had, at one time, been in a respectable way,
trading between that country and America—that
his wife had died some years ago, and thi.t he had
a son, an Officer in a regiment at Flushing, who
had also been in Spain with Gen. Mom Several
accounts of hardware, purchased in Edinliugh, were
in his parcels, from which his name appears to be
ALIXAPI DEIS us.A sc.

PILE MARKETS. .
CORN.EXCHANGE. ins. 4.
The fresh arrivals of Wheat this day make...* tolerable
supply ; and iu this trade sales are dull, at a deelsthhin is
price O. about DI and 3/. per quarter. Tlas.semilyt of Bar-
ley is short, and dearer ; in Malt sod 'Mite Peas Ilttk fluc-
tuation; !kites 91 the twu deseriptiMPS antiotain their prices
of Oats, there are a few fresh arrivals, and this article. for
aampli a of first quality, is Lammed rather bightx
of Flour coutinue ut last quota:ma.
CURRENT PRICE OF (;ItAllf.
Wheat 7ls. 038• 1058. Beaus (old) Ens 665. 44
Flue dill* 106.. fist. Reau.'ol4. NOs. 564. thl
Rye Sta. 51is. 0at5........... 264. 3nl. 321
Marley SOU. sus. Pulands . .... 35s 391 ud
Malt 768. a/.. Potatue ditto ti. to 41/
Whit. Peas j „ Rape Seed .... • 471 sal.
(bullets) s •• • •74•111'''' Fine Flour .... • • 9011. 9so
fifty Peas... is. dos. *scalds

.1013 E.
.—TntatuOA V. DEC t.
—gal. —4. to 301. —6.
"3411 —d. to 455. —d.
to tts.
~40*. 4.-4. to
..5411. —4. to tiaos.

UXBRI
Core-Inspector's Return:
Wheat, per load . .
Barley, per quarter
ttate
Beane
Peas ...

PRICK OP HOPI. ____. _ ._ ___...
. IMMO. revalues.
Kent, et toe. tta 41. lie. Rat, et ton an 71. --a
Nunez. a —S. 44 a —e: linemett. .a. —.a. to I. int
Baez. 41. —4. to 111. HU. Perolunt, 61..-e. to NI ......

PRICES OF HAY AND STRAW, YESTERDAI—
IIT. J A 4 ZVI. WINITIMMA PAL.
Hay, 31. iss 04.1.1 61 6e•iid. PI" IL Ale. to 61. SO.
Straw. tl. 13aual. to Satod. New, 01. or. to 01.
Clover, bl. 14/. 16..
Straw. a is,. to el. a.

a ?MTH Fl Ebb MAititET, Dae 4. •
--
This day's nairket afforded a good supply of prim* beasts,
and the sp.'s, of cattle in general, was cousitlerahle. Mutton
is cheaper than our last report; Beef and Purl %option the
last prices; and the trade, fur the most part, was somewhat
brink—The sales to the Haymarket were pretty list iv;
Clover lass dropped in price, since Friday's market; ffsF
fetched a better price ; Straw obtained last price. We sub-
join au accurate statement of the prices and 'numbers. a
To sink air 011•1 per stone ut elh.
111eef......a5. ud. to s. od Held of Cattle, this day .
Mang.* ...as. thi to sa: ad Braids
Vcal ......ca. nil. to 7s. ml. Sheep , .
Latub....l4. rod. to os. ocl. Calves :in
Pork ..... 56. sd. to 76. oil. I Pip i 4,.
HAY-MARKET.

Hay 51. tos.
Straw ..... 11. ISs.
('lover .. ...51. Ina.

rot. to 61. us. ed.
od. t• SI. 3us at.
to 61. lus nA.