The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-05 00:00:00

...~,

LEInS, AUGUST Z.

RACES CoN'I'INUEU.
Mr. R. Bnyee's Roßtail. fist. 71b. asst. Mr. Meß;sh's
firottzb, 7st. 61b. tour miles. 2uogs. h. ft.
w•A won by f3oblail with great eAse.
A Sweisstak-s of 1 Ogs. each, for th years 180.3.
180 G, and I t 307, for hunte, s, Tarr Fdr the proper-ty
of Subscribers. 10 be rude by Gentlemen. One
4-mile heat

The Hun C. LCTINOI'S bay g.rlding, Ronerrd, by
Precipitate. rode by Mr. Dritmie, WAS the winner
of the st ,ke4. race afFend great mirth.
The County Plate, value 501. tor hn: sts (4 all de-
nom nations. The best of three heats, two mils
and a halt* to a heat.
S'r H. Vlrdliainson'. hay horgr., W.,1r40, S yrs of I, Elst. 1011 a.
Mr. Malhih's Lady 8r.,1811h, 4 yrs old.
mill. wan the Plate.
After dinner, the Town Plate, value 501 for all
horses. The best of Os, e two•and.a.balt mile
heats; was won by the Prince's Reid very easily.
His Royal Highness arrived at II o'clock on
the ground ; his narouche and six hail Mrs. Fe m-
ak:ascii-Ir, Mr. SMITII, and Sir C.ialtes ( LAY 10%
in it; His Royal Highness came on hraseback,
mounted on his Arabian gray ; he reemed mu, h fa-
tigued, and the moment he arrived, dismo•tn•ed and
went into the harouche, where he rernailed during
the races. The wearer Has very vi, pleasant. the
wind high and the Just dreadful, and threatening
rain ; the conyaily mite!' the same as yesterday.

RACIS caiNs...ODED.
.
The Races of this day creatikl"tncon7MOrrirter
rest At nine o'clock niece was not a'-rotir,;.le7e; 341-
engaged, or a morsel of provision in the t.e.i.vn that
ittas not borgta up. At half past twelve, His
Royal flightless the Ps, Vice arriVCd, driving Isis
baroucite and six, the postitinns in striped cot-
ton jacl.rls. His Royal liigbness took the lent
side of the ground. The Earl and !:-.:•lunte , .of
Baxter...oat in their b..rouc:ie ; Si- Jona LADS.
MT. %LUSK. :tll,l 411 L',e dceit sp!!rts!then, piacsd
the tiselves on the sa.ne side. rile Earl and Coult-
..essot OAR vinrer, to th.: first ti tie, honoured the
races wah t. rir presence. Ills Lordship rode his
coney, as usual. The first mauls was, Mr. It.
tient:es 1146tati. fist. 91b. ti.4.tin.t 'tr. 'ilEbbtsn's
5.,14144. 7st. 12!Li. for 200 guineas, half forlet..
one mile, ..as sivin by Sancho by kilt. a length. It
was con•id:re t a very tine r,u:e ; seven to four were
laid on the turf saains. Sancho, but the Ladies bet:-
' ed un him.
The next was Mr. Mcxxtsn't Lady Reeerel, 8.1.!
:Sib. ag iinst Land Baaavasoaa's Lbtle job 4, iseur
miles, ittOgs.
Phis was a most intcresting mates, ; the Countess
of BARS V !cots. backed her own horse, LAI e .I,lia,
who led the w.y , turned the p iv, a id did mot lose
his ground until within ten 7a:di of the kidg -'s
box, when Ludy Dr.tata gained ot. :tint, and win by
halt a neck ; never dt.l I witites greater &sap-

poi-.tment
The Ladies Plate, value silty guineas, one four
mile heat
1r K Wilitanwmis hh. Mr;itori. 6 crs. •.Icl, 9'b. . 1
lA, Egreoloot b. c. Car?,•a• B•aufurt, S yre. 01 Itib. I
\lr. W Burr lab c Yr.- oil. S.I. 1310• • 3
Mr. Flcoroobk E,lt•oprise, a y-4 out, 70 711. . 4
Won led the way from the first starting ; s:x to
four weiel ti I agait.st him. Ante/rise was the la-
dies' favourite.
The nest match was T..,t 1 BAURYAIORet Murry-
treol aganst Mr. LI OkOis ..'s I:r..rwuporms; cm.. mile.
Mere/man was the favourite; he carried the day,
and produced general ac,:iantatsons
A Sweepstakes of 81. s. Four
Mr. 11 ark's h. g. Cock a 1t0..., , 1:0 Sir Pew. ageel .
Mr fancy's U. Stariimg, by M.ne.o. agel • .
Mr. Coil firowi•••• g R Sunfl,ow -r, aged . 3
The Ten GlUtte/ StM‘cripttori Plate was won by
the Petscx's b.h. Oroila. Mr. Witsun's b h.
Walton was second.
The Pantos was loudly congratulated up in his
success.
His Royal Highness, and the same part./ as etc
dip before, with the addition of the E.trl an.l Coun-
tess of extataotse, went to the Pounces house, at
Lewes. to dinner. At sit o'clock the whole party
returned to the course
A Handicap Plate, value Fifty Nun Is, given by
the Members for the Borough of Lewes. Two
Miles and a Half.

Hi Royal Highoods the Prince of W.tlea's brother t • Vi.
veldt, 6 vrs. old, Ba. 215. ... 1
Duke of R chmuttd% Rolla, gel, 7.t tOlb. . 2
Mr. liow,otth'S b. b. H.4ret..ot, 6 yes. old, list. . 3
W.. der. b. in. (funfair, 4 ors. old, 7.4 410. • . 4
This was the first heat . Ilarefwf, Gratitude, and
Rolla were the fueooritLs. 100 guine is to ton were
laid on Italia before they statted. The Pai
horse led the way, and wnen Le turned the post the
odds were offered 6 to 4on him against the held.
At seven they started again. The Palace's horse
led the way as before, but at the turning of she
course he lost his ground, and Gratitude rime in
first. Rain coming on, the Palace and his Party set
off for Brighten. The horses started again
and
Gegtitude again wont so ended I.ewes Races, ac-
knowledged by the oldest ani.kteurs of the turf, to
have afforded most excellent sport. There was an
immensity of money v:on and lost on the la ,t race.
Mr. Nlet.eisit told the P4INCII he had betted 1,300
guineas on it.
Ihe Ball on Friday was very crouded, the com-
pany did not separate until four o'clock in the
morning. The Theatre was also crouded to see
Master PENI.EV, only twelve yearaoill age, play
Frederick in Lovers Vows; they call him, very sie•
servedly, a second Youaie lioseisis. Mrs. S'e.LtDo4.9.
was the Agatha Friburgis of the night.

SOUTIIAMPToN RACES (Continual).
SttusBo4 v, AUGUST 1.
The race to-day afferaed very little sport, Capt.
BaAtil HWAITC won again, hat it was compensated
by ;hi. ball at night, which was superb; the com-
pany num.. r..us and supper excellent. the cocx
pany remained until five next awning,
CICIDA Y.
The Cup givc.‘ by th: Nlarquit of Lawsuowligs
Cao. cob, Pegot.a, ..14. GIL
I b colt by Dungattoor, i psoul, Sst, 21b.
Mr. Sadlje< h3y colt, Pererine l'brltie, 4 yn o d, iK. 71116
Mr. Suttm's bey nitre, W ,ro,S sri ood. 6st.
Best of three three-mile heats.
Was won by Captain sr owo}sa's cwio tl)c-

LAW !NTfT I.IGEVCI..

;

COURT OF CHANCF.Ri—.'... COP D.r, Aecuir 1.

WeITELOCe v. e•STCOUKT, SYDIVSHAM, ER PHI-
LIP NM ES, null 0ra,.,;.
The Plaintiff in this rase, who sued :is a /taupe,.
filed hi; bill for the recovery of a cnitsiderable pro-
pert!, situated in the counties of Son.eriet and
Devon, which his ancesters had been ttrj•ntly dis-
seised of, by the father of the present Defendant,
Sycl-nham. The Plaintiff's grand-father dying
without having taken possession of the estate.
which had just devolved to him, left his
pregnant, who was shortly after delivered of a male
child, the father of the present Plaintiff, she herself
dying in child-bed. While the Plaintiff's father
was yet an infant, findeishiim, who was a steward
in the family, by marriage waft an aunt to the mi.
npr, obtained possession of the estate, and of the in-
fant, and took every precaution to prevent hint from
knowing that he was the rightful heir to the proper-
ty. For this put pose he had been brought tip under
a feigned name, in the cottage of a Defendant;
hut, in some time after, the school-master, to whom
he was sent, discovered t e cheat, and made it known
ti. his pupil, whom he ever atterwards called by the
name of Wlittelnek. The knowledge of his right,
however, was of little avail to the rlaintiff's father,
as he died without being able effedually to prosecute
his claim. The disseisor, at his death, demised
the estates- to the Defendants, nho were charged
with a knowledge nt the fraud. Some time back
the gale vts before the Court, and toe Defendants,
as they did in this inn ance, nu: in a general de-
murrer to the hill. on the ground that the Plaintiff
was ear relievable in equity. On that occasion, the
Ca %new oa allowed the demurrer ; but as the
Plaintiff 'RAs a peeper, and as Ise conceived he might
have relief. it the bill had been drawn in a diffe-ent
vr tor, he allowed it robe amended. To this amend-
ed bill the Per•Ashis had demurred, on which it
now came to be argued
Mr. PLoWEille, on the part of the Plaintiff, en-
tered int, • a very long and argumentative speech
against the demurrer. He urged it: the etrotigest
manner that the present Defendant should be consi-
dered precisely in the same situation as his father,
who nbtained possession of the estates by fraud .acid
injitstice, and therefore equally liable to account tat
the !an is withheld from the righful heir. Mr. Sy-
denham's father, he submitted, was v...istee, having
taken pen...ensign of the estates, while else Plaintiff's
father was a minor, a .d titer trust devolved on the
pres.mt Def traints ; it be -arne the Court. notwith-
standing the late of time, to re der the Defendants
toianswer thecharaes in the Bill, And proceed to try
the !sterns of the case t on the thorough investiga-
tion of which, he had not the least doubt but the
case would be deci led in favour of the much
bitted Plaintiff. Ile, for his part. could see no
reason how a general demurrer could he, as this was
a clear case. where the tenatit in tail male was frau-
iti:ently ousted ist poi. ession.
The LQIIIIICII•sCLI.L0i1 ,isbed to knew, whether
there were any charge in the Bill, which stated that
she title deeds swam in the possession of the De-
fen laws
The A troaetv-Greettat. cud there was; and
then read a pee.age from the Bill to that effe&
The Loan Cnaac. ttos pledged himself to be
perfectly well acquainted with the Bill and the case,
boare he would pt..notince judgment ; and observed
to the Art (saner -Gee etc,. r., that the Plaintiff
sheath! have the fall benefit of the part of the Bill
he ha I just read.
Mr. Paownes, in continuation. cited several
cases, which tended to chew the extreme inclination
of former Chancellors to overturn demurrers in
such cases as these; and concluded by saying, that
if this demurrer was over-ruled, the Defendants
would not be barred from obtaining justice on the
merits of their case, if they had any merits; but
that if it were held good, the unfortunate Plaintiff
would be shut oat from every kind of redress.
'('he Loan CHANCEL/ as said, he never would
detiide this ease against the Plaintiff, until he was
satisfied he ought to do so ; and that every 01.411-
cellor vrho sat on the Bench before him would have
done so.
Mr. limn sans, on the part of the Defendant,
said, he would not take tip much of the time of the
Court in answer to the arguments of the Learned
(;entlerffan who spoke last, not from stay disrespell
to him, hut merely because he did not conceive
what he had said materially ail arti the point in
question. With respeet to the Plaintiff's ming as a
pauper, he thought. there had been a great deal too
much said ; undoubtedly every attention should he,
an 1 was, paid to such cases; but he mAintained the
Court knew an distindion of pera sn in LI case,
whether a pauper were or were not concerned; and
it this ease had an infirmity in it, the Plaintiff being a
pauper was no reason why the Court should men
from the general mode of proceeding tor the per-
pose of relieving mita, when, by doing so, tl.e l)e-
-fendanr, who was equally entitled to the nrottCti sn
of the Court. would be materially inputs': Tfin
la-Artie 1 Geotlem an then made softie *Atilt% inttalbal
indulgence Already granted by the Court, sit laillnw-
ing the bill to he amend d when the fbetthse.llo.l
mirror was allowed ; sod concluded by hoping tlYtt
his Lord.hip wotald not grant a second indulgence.
merely on acconnt of the ci cutnstances of the
Plaintiff
The LORD Ca asticettoa said, before he should
decide in this case, he would read the hill with the
greatest atte Minn. lie was nt opinion, when this
matter formerly came before him, that the Plaintiff
could not have the relief prayed for, by the (urns of
the bill then filed, but he thought it could he so akered
as to entitle him to it ; he daunt then llismiss the
bill, and he was convinced he gave his Masons for
not doing so. His present opinion was, that the bill
in its present shape did not entitle him to the relief
required; but it, after reading over the paper', be
could form a contrary opinion, he would have.gnent.,
pleasure in stating it. He concluded by waning..
that if he should be of the same opinion onldohday
that he then entertained, the hill must be dismissed;
nod the Plaintiff might, if 13g thoteght fits rri*cane
tither kind of bill.
emeelmTftneeerlir
The Prixecas Charlotte triaisinwkafinitn Ifarbadoes,
is repotted' to be cipturecl. .
,On riday the Loan NI avow Mint n fine sturgeon,
whielt ineasure't roll seven fret, a pre?ent rts His
Mae erre ft was caught in the itiver Thames.

-.* ail. r ` • - • -rr -a
,-. .
.: •
ESSEX' ASSIZES, -‘ i ' •
—...—. . ,
CIII.I.M1111')Ilth AVt'ST I.
CIVIL SIDE
Afore Mr. Juttire liF AVM,.
JAME% v. WOOONARD.
This was 2111 aCtion against the Defendant, the
Captain of the Ne-spod gun-twig, for an assault.
The Defendant had pleaded fiisi, that he c•-mmand-
ed the gun brig in question, and that the Plaintiff
was one of her crew—that he had committed em-
bezzlement on board, and that 1:e caused him to be
flogged to preserve the necessary discipline of tho
slip. He secondly pleaded, that the Plaintiff had
deserted, and that be caused him to be flogged is
such desertion.
Mr. GA mint., fot the Plaintiff, staled he was a
mere lad, who l:ad been sent by his lather inta the
service of the Defendant as a mere civil servo:Me
and not at all as one of the crew which he c' rra,
manded. The boy, however, did nit like las situ*.
tion, and determii,e Ito quit I , whi hhe did. The
Defendant thought proper ro pursue him, and hay.
log first apprehended him as a deserter. took hints
on hoard the gin-brig, and without any vat of en.
quiry or Court-Martial, he himself ordered the boy
to receive two dozen lashes, and which 'eaten tie
was, unch:r his orrle:s and inspeelion, immediately
executed. He contended, that if the boy really
did belong to the crew of the vessel, he ought to
have been tried by a Crow-Martial, or Court of
Enquiry; at least he ought to have been beard
in hi; defence, and the Plaintiff ought ilia to have
violated the greatest azd leading principle which
ran through the whole of the English law, namely,
J
he ought not to have at once been accuser, or ansaes
Judge, and exticntioner oT his own sentence. He
was sore the Court and Jury totted I reprobate such
condos% and mark their verse of it, by the damages
which they want.] pronou,.ce.
The witnesses ptared that the boy received two
dozen lashes by order of the Defendant ; and it was
also proved, that he was discharged by carder trona
the Admiralty Board, as not being a par: cr the
crew.
Mr. Serjeant SHEPREID addressed the Jury on
behalf of the Defendant, and called two witne see
to support the justific ohm, nanutly, that the lad was
a part or the cit a of the I.;un-brig.
It appeared, by the Tirokers of the ship, that the
Ptah .tiff's nam:r we: entei ed a; one of the crew oat
the 4th .1 January, I tto4.
A seaman of the name of Cl;. ke stated. that the •
IA was usually all day or) shore, sit the Captain's
house, but sops on hoard the brig. He had ofl:at
heard him say that be had :mega—that he should
have the bounty: and that Itti is much °elation.: .3
the brig as the witness did. He rem-inhered wig
on shore, at the Ancnor publie-ho.use with the Plain-
tor and his feller, when %e 1.4;x1 he would run away.
His father timid him that it he did, he certainly
would be dageei, for his master eta: his Com-
mander, ana had a right to da it. He also told he
boy that he most obey the w, .ev wh ii on titatt-sl
Thon.as Louth, another seamair, gay: the seine
testing Ina.
There was no dire& evidence of the . attire of the
contr. idt between the boy's •aiber and the Defend.
ant ; but the.errant-maid at the latter s iii, the a
day or two before he buy c one to the house. he
told her he had hired a boy, woo wool) clean knives,
shoes. Etc. He was air ;lore all day, hut slept Ws
board the brig at night, oecaos.: they had on'",! fro`
' him on shnie. The boy wan; Aw ty on the Stli Of
January, 1105, and was taken by the Defend nil ill
the March t Jilawing, from a shoemaker, re
he had been apot enticed in the interval
I Tile Li...reed Judge told the Jary, that Via rill
spell tot tne •lirn plea, as it aficaed the boy's he!
nest y, taiia no evidence had been giv..n to saysport is,
he thought it might as w li have beer) omitted. Ile
then adverted to the evidence in sapper! of the
oth,r ; and, with respea to the boy's naps? unripe
hag on the sh:p's book, be tern t 44 that 4 ~,,,, the
mere aft of the D•fendart, and n k 061:Cr could
convert his :ervants into part of a shies crew, by en•
tering their names without their conseat.
The .lury forbid a verdia ha the Plaiatiff —Da.
triages 2QI.
• CROVeat ann..
Belcher, the hour, who stood inditled fc,r a riot,
came in, and pleaded Guilty. Hii wis discharged
on his ''en lecagnitanc.• to keep the peace Er a
year, and adrrion:shed by the Loma Cum Jvsriza
of the cioneqaersees of forteitonr it.
Peter tbrios, a deputy *tort. eeper of tl.e 0;d-
-nance. was indiaed.for eiellitexii g • large goals.
tity of mu .ket balls, the property .if use King. '
Robert Daniels, a Serjeant la the West Esser,
erred. that nq the I eat of July last, being on the
guard, he saw a ma.' within the lines at eh:lre-1 a de
contrary to at dens. He reprini :ailed the se ion. I
for letting him pass: ('he es in sail the Dec:dant,
wits was vresent. had •ir aerial it; and, Ito.- a isk.
him to bean th • Store offic ,he begglr.) paid,. if
the P,istrxr, an I retired to ..e voard!rsom, r.• ciak.
out his guard-report. The euard-:.soot etas i I.;.
joining the store; he was disturb. I by a iambi, g
anise, which induced bins taintilt Mr, when he 5.1,1/
the Pr sane: and Edwards, the man wh he 11,4
be ore seen within the li ow, drivieg a ehtelbarove,
apparealy very heavily laden. He observed u. tal
! g to a little hut in the re it of the a ..e•-, which i.e.
longed to Ella ads. A search was mod.:, a id it
w.s found that they bad carracl AV/ ay areal: 1. sif
10.0a0 mnakrobalh. *These were pr.-wed to be t'e
property of the King, aroj part of the Metes in 1:4
cnstoly of the Prisoner. _ '
The Jury band him 6,0 ti.
I tie but ve ot of the Ordo ince Works, on behalf
of the l'iisnnein, gave him an excellent charier •r. tlo
knew him firm in Asia Min ir, when the British;
troops west there. He sus tham servant to Major
lt, log the Bay
jo:nolnir;A:st:ebirlieroAr'ntirsie:kr,.,:i.irojrch,;:eltarvilae,sta
corritschcE7l,wticerri!'shlohiel!..erndrattuls:tanileit suchr:TraiyesaiLfYltahletl.:ll,l4l:r;lll:..
craves in hi: proilaittlen, and got• him ILipointed a
Clerk in the Stores with the army iii Evypt. To that
sitaation he also conducted himself so massfiefor ~
that he was further reconuttended to ;he tbedna: ie
tinard, and was appointed the Der't ? tistatel...t.,,,,r
within ;te Chelmsford lines He tiad ie the ias
place behaved well until the preset.. rittaitace.
The Lotto Cutter JUITICZ ;old tog *rdwiner he
had committed a most heinous offence, and (. its
which he should Pate felt it his duty to Saw pasii,4

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