The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-26 00:00:00

ASTLEY'S ANNUAL PRIZE WHERRY'.

Last night, the Annual Wherry given by Mr.
Astley, proprietor of the Royal Amphitheatre,
Westminster-bridge, was rowed for by the follow-
ing six watermen, in uniform dresses, viz :
I. Towns. Ouffin, Larn'ealt, Blue.
2. John Beans, Tower. Searl, t.
3 Ildward Crepse, Battle. bridge, Yellow.
4 John Ohlfwid, Hungerford, Purple.
5. D..niel She./ Horeleeduwo, Green.
6. Aioaliarn Luck, Sumgate, Pink.
The whole of the above started from Westmins-
ter-bridge, at four o'clock, and it WAS agreed the
first three coming in this heat, should concert.' for
the grand prize, which was decided in favo.tr of
Abraham Lock, Juhn Evans, and John Oldfield.
At a quarter before six, these three accordingly
started from Westminster-bridge, to tow round a
boat moored off Vauxhall, and rete-n by the
Surrey shore, round the beacon off Hungerford,
and through the centre arch ot Westminster-bridge.
At starting, Abraham Lock took the lead; he
kept it during the whole distance, with iut affording
his ad ies the least charce of overtaking him,
and w.ts finally declared the vi,tor. As is cus-
tomary on these occasions, the fortunate Candidate
was carried in triumph round .the Stage et rise
Theatre, a band of martial music playin.; .• Su!
tfie Comporw Hee. cone,!" and was then presented
with his welt-earned prize The evenin.: ueint-, re-
markably fine, the river wu crowded with boats,
with much fashionable company ; among whom we
noticed the Duke ot Manchester and party. 'he
shore on each side of the river was hoed witn
spetators, and the Theatre -in the evening over-
lowed with fashionable cnmoany.

In the cause Casswext. e. VV tt.sost, a mistake was
made in the report yesterday: Twu bills were tier-
ciated, one of 29.51. on whichSet•er and Eras re-
ceived 17S1. and one of 5001. on which Sitaar and
YVtt.som received 2001.; after this Mr. )(Iwo declined
going on, and the other bills were returned to them.
Yesterday se'nnight, came on before the Court
of Exchequer. Edinburgh, an information at
the instance of His Mar asev's Advocate-Ge-
neral, against Nicol. Stattuouse, son. and Nicol.
S raisnoust, jun. brewers, in the neigh DOW'.
hood of Dunse. for mixing various drugs in the
ate, norter, and beer. monufaaured by tnem, con-
traty to aft of Parliament, whica allows nothiny
else to be used but malt and hops. After a trial of
considerable length. the Jury found a verii A for the
Plaintiff, on one count of the information, for a pe-
nalty of 2001. It came out, in the course of the
trial, that in a room adjoining to ti.r brewery, there
were found packages ot nine different sorts of drugs,
amounting to SO6tb. weight.

LA T! INTKLLIGFIVCE.
CO"'T OF CjiANCLRY, 'uric 25.

Before hit Honour th: AASTr* eller ROLL!.
o. HiG01?“.
This estranr in try case came befo t'us court
opon exception otitentto the Master's rep rt, et. veg.
•riet that tl,e Master e.oeld have wholly reject ^t or
dis'aelieve . the •astnit.at on tits interrogatoriet. And
he orevions *Clime of Mr. doh': 14.• gam f Bed-
ford square, Awns"! at Law, and nee of the Dos
fondants, being the prioef pal in interint in the came.
• Morgan bed, in or about the year 1773, iuteT-
'tarried with one 01 use dativisters or John Ferrer,
a Gentlensan 4 large estates in the counties of
Bricks and Redford, together with other comities'./
as ,l f •rtitne. It app. ared that Mr. Ferr^r, the tes-
tator and father-in low of Mr. Morgan, was a m
to
of very higs t. Potation and honour, and that, on
his death. Mr. Morgan had great eapellasons of
findings as it was stated he had seen in a draft of
the Testator's intended will, one, or a part of one
of the estates settled or devised to Mrs. Mot gan.
The marriage settlement provided that 250. A.
should be settled by Mr. Ferrer, and an equal sum
by Mr. Morgan, to the uses of the marriage. Upon
the death of Mr. Ferrer, however, in 17,49, the ex-
peaations of Mr. Morgan, as was stated, were n.rt
fully satisfied, an.l he opposed the will of his father-
in-law, on the ground of insanity in the Testator at
the time of making nis last will, is which so much
wa, net left to Mrs. Morgan, as was expeaed by the
former intended will
Tne will was, however, establi.hed, and Mr.
Morgan received his legacy is 1911, wishoot setting
up any claim to a bond for 10001 principal, aid
13501 , being 517 years interest thereon. making, in
the whole, a sum of te33o). queeiou for the
Court now was. wheth.o Mr. Morgan had lath by
for 27 years, without dettiatichog the above tum,
principal or interest, although he, it. or about use
year 1800, had filed two bola in one day, as Plaint-
iff and dolicitos for his claims to his father-is-law's
property, without including this demand in either
of the bills? The hon.' appealed to he cancelled;
and it was &sob:fa whether such co:scenarios
took place before tne deiivei y ter-of to the
Reverend James Morgan, the -.Defendant's bro-
ther, the Trustee fur toe Defendant. in his ruer
ridge settlement, or after such deavety. l'he
bond, and o her papers with it, were deiiver-
ed at 'sir. Morgan's house, in 1301, to his bra-
sher James, pursuant to a letttr deinariditto the
same for the purposes of th- trusts, a .Ur. Pearce.
the other Trustee, being then recently dead The
Agents of Mr. Pearce, Moors Baster acid :stunts.
men of peat credit, delivered the bond arid papers,
having previously prepared a receipt, in which this
bond wits described for Nil-. Morgan, the Trustee.
which hr iigned on raetivir,g the papers. Mr. Moo.
gen. the Dnendont, conterded, that the cancellation
took place before toe death of the testator, witen
the obligor, a Mr. Willon, had paid the contents,
although the bond remained with she oblige:, in a
canceilod state, among otter papers. lime heir at
law eon,ended, that it was cancelled after the deli-
very thereof to the D if:ndant's brother, and that he
was not to be affeaed by it, as the realestates corning
to him were already subject to a sum of 16,000 f.
debts of the testator, which his personal properly fell
ion of disehrogiens and he contended, by bra
counsel, Sir Sam cal Rnmilly, followed by foot
others on the same side, that the voluntary affidavi
of the Defendant, Mr. Miirgae, joined with that (I
Lis said brother, the Rev. James Morgan, and their
subsequent examinatiuo, on interrogatories, in proof
of the foregoing demand in favour of Mr. Morgan
himself, was not deserving of credit, and ought not
to be allowed by the Master, although they yere
examined on the interrogatories by the Plaintiff, af-
ter they bad made the voluntary affidavit to prove
the demand. The Defendant's brother only joined
in the affidavit so far as to state that he believed the
Def-ndatit's statement and account of the transac-
tion, Avowing himself, though a Trustee, wholly un-
acquainted with the particulars of the transaaions.
having left all to the care and confidential manage-
ment of the Defendant, fr in his professional expe-
rience acid great respeathility in the world.
The Plaintiff's Counsel tagged, that this was, in
effea, admitting the evidence of a party to prove
his oan debt or demand, for that the brother's evi-
dence amounting to nothing specific, the case wholly
rested on ow testimony of the Defendant himself,
who, after so long a itehrl, and under such un-
common circumstances, could not be believed in
this case, for that his testimony was irreconcileable
to, and inconsistent with, probability, as well as
with the proceedings of record ; and that the long
statement of the family transaaions. which were
recited, fully proved the insufficiency of this evi-
dence, to sustain the Master's report, in favour of
the Defendant.
Two of the Defendant's Counsel could only be
heard this day, so much time *as occupied by this
cane, who argued with equal zeal for the Defend-
ant ; and contended, that tie Plaintiff having made
the De.endant a compete:. Nitooss, by the Interro-
gator es. bad no right n or to attempt to di.credit
him, robe became their own V .:nets on the inter-
rogatories, although a voluntary one for himself
only ;nth. affidavit.
The case ,eing so very singular, his Honoths.
though seemingly against the Report, desired to be
furnished with a copy of the exatninanon, which
was tie. only dire evidence to be had by possibility
in this use, and said Mr. Morgan should have all
the aid of his oilier Counsel on another day.

COURT or KING'S BENCH, WasrmiNuras, Jain 111,.
Sifting Peigs, heforc Lord Chief jateica
ELLimeosovon, and Specie Jseira.
W. SIR CURIGTOPYRR 11•YRICS. SART.
This wain'', with seven others, neatly of a sinew
nature, was brought by the Plaintiff, as the Itzprr-
sentative of the Merchan a of Lond in. against the
DefenJant, as Treasure of the L-ndon Mita Con
pan,', to recover hack attain sums of money, h
had ben advanced by the Plaintiffs for charges
for wharfage, warehousing. watchiag, coop nag,
Ake. of goods den, the Compzny'a warelm•iges
by theMerchal of L ndok •^d which th- !attar
owatende 1:)-Y =re n•s; -nde qlains.
The rro loss, -Genta•s. had procerded some
length in stating the nature of el. ease, and hsd
► commented upon the provisions tf the Mt of P.ll

. t

fir.

C

.
,

~~

MAD.lllit DL LUNEVILLI O. JOHII PHILIPPS.

Lament constituting the London lock Company ;
when
Lord Est.essoaotton asked, would it not be ad.
visabltvin such a case as this, where the interests of the
public were so deeply concerned, that the parties
should come to some permanent adjustment of these
differences. which, so long as the matter remained
as it was, must ever give rise to litigation ?
The ATToRN¢Y-4KNLRAL having consulted with
the other side, for a few moments, replieJ, that it
was a matter in which the interests and the honour
of the Company were deeply concerned ; their most
anxious wish was to pnt an end to those disagree-
ments ; and as both parties were eqaally sensible,
rospeSable, and honourable bodies, he begged to
ask his Lordship's advice.
Lord kaAssraostot nit —" I consider the interests
and the honour of the London Dock Company one
and the same thing ; and as it is most important,
with respea to the commerce of the country at
large, as well as to all persons importing • their
goods and merchandises into this kingdom, that a
matter of his kind should not remain in doubt or
difficulty; and as it is a coulee of great mischief to
the country, whim there is a bickering between these
most respectable parties, I think it would he the
better way to have them settled by two or three Gen-
tlemen of the Bar ; and I am sure there never was
a time that furnished so many Gentlemen compe-
tent to arrange such a question. Let them take
into their conderation the whole of the case, from
which they may be able to farm a sort of tirry of
the charges to he made by the Company upon the
merchants ; and I think it would be advisable also,
that some persons should be named, as a scut of
standing Committee, who should, from time to
time. review those charges, and vary them, accord.
ing to circumstances, as far as might be reasonable.
I, as one of the public, recommend this method, at-
tending as I do to the commercial interests of this
country, upon which our prosperity so largely de-
pends. These causes, I presume, are litigated with
the true spirit of English merchants, the one party
resisting what they consider to be unreasonable
charges, and the other endeavouring to support
those rights which they canceive themselves enti-
tled to.'r

The ATTORNIV•GENCR AL. for the merchants,
and Mr. GARROW, for the Compaey, entirely ac-
quiesced in hia proposition, which they
considered the very hes! means of settling the pre-
sent disputes, and preventing any in future.
The several other causes were, accordingly, with-
drawn, and arrangementi immediately made for an
adjustment of the whole matter in controversy.

This was en issue from Cie Court of Chancery,
to try the qu.:s:iurt, whether the Plaintiff had given
any, and what valuable consileration to the De-
fendant, for his II 'rid, dated Ist January, 1303 ? and
whether the Daf-odant was ittil •bted to her, in that
ur any other sum, previous to that time
Many of the particulars of this case w•e hare given
in a former paper, in the course of the proceedings
in the Court of Chancery.
The A Tibia Pity-GIN ea t., for the Plaintiff,
stated, that Madame Dc Loneville was a Fret,ch
Italy. and the Defendant at'ai a fishmonger In
Carnaby Market. This lsdy h.d emigrated to
England with her infant son, in the year 1793, and
found protection during her re idence here, at that
time, in the late Lbrd Camelford, who had pre-
viously met her at Paris, Brussels. and other parts of
the Continent, and meeting her one day in London,
their acquaintance was renewed, and his Lordship vi-
sink:Arr. Lord Camelford 6tingaimanof uncommon
pwr.ificence, expressed his friendship for this lady
►y iarge presents, and horn his great bounty and
liberality. she received at different times several
Thousand pounds. Sbe afterwards returned to
/*twee, for the purpose of purchasing sonic pro-
perty tl.erie. when the Defendant was recommended
to her notice by fdr. Mortis, a Inert.; of hei'sjn
England. The Defeticlant introduced himselt as a
person of respeetability from this country, and pur-
veyor of fish to His Majesty. In consequence of
iii,, she 'hewed hint much hospitality and atten-
tion ; and upon her return to England, he told her
he was in a most miserable state, in point of tem-
porary pecuniary emha►rassrarnts, and prevailed
tipnn her to lend him 5001. and, as a security for
this, he deposited in her hands a bond of one Ma-
dame de Francourt. She afterwards advanced, at
different times, 16001. more, and in consequence of
the representations of the Defen.iant, respeding his
property. and a proposal of marriage, she was in-
duced to give, altogether, to the amount of 40001.
for which he executed the bond in question. The
Learned Conrad then proceeded to state the other
fa.s of the case, which we prefer giving in the lan-
guage of Madame De Luneville herself, who, as
well as the Defendant, was direufled by the Chats.
cellor to be examined as a witness.

Madame De Luneville, being called, and sworn,
stated, that previous to the year I t 402, she had been
in this country ; and in the month of August, in
that year, she returned to Preis, carrying a consi-
derable property with her in Bank of England
notes, for the purpose of making a purchase in that
country. She did not like to have Bank security.
or place her money in the lands ; for after the ex-.
ample she had in ;:rance, she placed no reliance in
any public funds; and knowing that. English Bank
Notes passed curt ent on the Continent, she thought
it the best way to have it. She arrived in Paris the
13th or 14th of August, and rook ready furnished
lodgings in one of the most fashionable streets in
that city... Shortly after her arrival, Mr. Philipps
WAS introduced to her, by letter, hem Mr. Wm.
Morris. of Marlborough-street. who requested she
would chew him every civility ; he called on her
three or four times a day, and she paid him every
polite attention in her power; he appeared in a
very dejected state of mind, which she at first at-
tributed to the loss of his wife. for he was then in a
mourning habit on account of her recent death ; but
he told her his affairs in England were on the point
of ruin ; and related a phalli tale about his tem-
porary embarrassments. He said, he had letters of
recommendation to Tom Paine and Dr. Priestley.
from Mr. Boswell, Mr. Godwin; and some other
friends in England; he was disappointed that they
had left Paris. arid said he must follow them to
assist him, if he could
when she went to Eng-
him what • money he
from a Madame Dc

f

Franenurt. On leaving Paris, he cave her his di.
redlion in London; and. on her arrival he. e, she
wrote a note to him, thanking him for his polite-
ness and attention. H. called on her next day,
and proposed to send her in some French wines he
had brought home with him ; but, heing used to
these sorts of wines, she told him she was more
fond of red port, and declined his present ; the next
day, however, he sent her some burgundy, some
fruit, a turbot and a brace of patridges. He dined
with her the following day, and brought Madame Da
Francouit's bond, and his books, for her to examine;
from which it appeared to her, that he had property
to the amount of 13,0001. lie left the bon,d in her
hands, and she then advanced to him 5001. in one
bank note ; his visits were frettently repeated, and
he made a proposal rf marriage; and from. that
time to the Ist of January, 1803 p. she advanced
to him, in different sums, and sly various times,
16001. mote. He came to dine *nth her oti that
day, and said he would bring her his bond for the
amount. She asked him to let her have the lease of
his house, whete his business was carried on ; this he
declined doing, as his mother was interested, and
had the lease ; he then gave her to understand, that
lie followed the business of a Fishmonger, a Wine
Merchant, an Ale Brewer, and something else. As
he could not procure the lease for her, he said he
would give her his warrant of attorney, which
was equaliy good ; she assented to his propo-
sition of marriage, and in contemplation of that,
advanced him those sums of money. He had a
private house near the market, but said he could
not bring her to such a place, and thereby induced
her to take a house in the City Road, for which she
paid 1001. and furnished herself. He was to have
an apartment in the Mice, and to provide fish, wine,
ale, and coals ; and sKir every thing else. His mo-
ther, sister, and all the Other branches of his family,
visited her on the footing of his intended wife.
Lord Ettai:aoeounii—s. What prevented the
marriage ?" Thin Witness replied, that she wished to
live in the same house for some time first, in order
to see if their tempers should agree. He often beg-
ged and prayed that she would lix the day, and at
last she agreed to marry him, as soon as she had
settled her property on her son, who was then at
school ; but he always opposed such a settlement,
saying, that he never could bear that her son should*
reproach her with marrying a Fishmonger, and he
wished he should be always dependent upon his
mother. He afterwards said he would consent to
this, provided she would agree that her sod should
marry his daughter, both of whom were then chil-
dren, the one about ten, the other about eight years
old. The Warrant of Attorney, she believed, was
given to her in 1803, it was a great many months
before she went last to France. The Defendant
about that time wanted to force her to marry him,
and carried two cases of pistols about him to
frighten her, and used to load and unload them in
her presence, and threatened to kill himself of she
did no: marry him. Before she wen: last to France,
she wished to have more security ; and Mr. Stokes.
near Golden-_quire, and Mr. Dawson, both Attor-
neys, were consulted, and said the security was
pesfeely ii,;ht. When she was last going to France,
he accompanied her to Gravesend ; and, while walk-
ing up and down the room at the ion, apparently in
despair, addressing himself to Miss Deen. who was
going with her, he said, Look at that woman
(poiniing to W itne.s), she is going to leave me, and
is it any wonder I should feel it, when I tell you her
generosity has saved me from bankruptcy, and only
ter the money she lent me, I should rot in prison ?"
She became possessed of all this property by the
bounty of Lord Canieltord, who frequently visited
her, and gave it to her at different times. She had
near 5,0401. in bank notes ; she did not show them
to any person here ; but she did in Paris ; but did not
think it would be necessai y to prove this.
Upon her cross-examirestion, by Mr. G•ii sow,
she said she did not marry Philipps, neither did she
take him on trial toe six months; but, if they found
their tempers agreed, they were to be married in
twelve months. Miss Hall lived with her as a com-
panion; they constantly slept together, and she knew
noth.ng of Miss Halt's being with child. She lodged
with Mrs. Kirk. The Defendant visited her there,
but Miss Hall constantly slept with her. The De-
fendant had a bed. chamber in her house, on the New
Road. She could not say that it was her attach-
ment alone to him that induced her to marry, but
having represented himself to be a man of property ;
her attachment was that of an honourable and vir-
tuous French lady of condition. She never wrote a
paper, declaring die terms on which she would sur-
render her person to him ; she ;sever told any body
she had done so, nor ever wait to the kitchen to
tell Mrs. Kirk of her agitation at his receiving it,
and the pleasure she expressed afterwards when he
had agreed to those terms. He never did allow her
31. pa week, or pay her debts. for she owed none.
It WAS not true that Miss Hall slept with Mrs. Kirk,
in order that Mr. Philipps might join the witness ;
she had three or four dozen sif table spoons, and
used to borrow or lend, according as she might
want; she had both borrowed Met and Mu to
Lady Wrottesley; she never borrowed any from Mrs.
' Kirk; she did not know Saltkeld, a pawn-broker
she never pawned any property with him, but used
to pawn property at a house in Princes-street, for
poor Emigrant French people. who were in very
great distress, sod net understanding English them-
selves, used to employ her. She received interest up-
on the bond, from Mr. Philipps, but most positively
denied that he had ever slept with her, or that any
thing criminal had ever passed between them. Mr.
Philipps bad entrusted his daughter to her care; she
took her to France with her, and in a great degree
educated her ; she was visited and countenanced by
his mother, sister, and every other branch of his
family.
Miss Dean, who had lived with Madame De
Luneville for some time, was next called, and cor-
roborated the greater part of the faits, except those
relating to the receipt or payment of money.
Mr. Dawson and Mr. Stokes proved that they
were called upon to examine the securities. and the
former prepared a will, by direction of the De-
fendant, which be afterwards signed, devising the
bulk of his property to the Plaintiff.
Jane Wilaysse and Mary Robins, the servant
maids of Madame De Luneville, were called to prove
the propriety of her moral comligt towards Mr.
Philipps.
Mr. Gaaaow, for the D:feadant, observed, that

'•••••

OP,

this cause, above all (Aber', ba I ful:rimhibited a
great deal of French duplicity ant English Eery,
with some English duplicity learited in Frafice.
The question here was. whether the English fish-
monger had boirowed 40001 born the Frett:ii lady
of condition ? The story was so improbable an I
so unaccountable, he WA; convinced the Jury
could not believe it. The extraor.linsry benevo-
lence of this country towards foreigners was fre-
quently returned its this sort of way. Lord Ca-
Ise admitted, was on some occasion; pro-
digit and lavish to a degree of his money; but it wa;
well known he never was in the habit of bestowing so
large sums as these upon persons of tl a description
of this French lady. This case shoulJ have-beers
out of Court hours ago, but that the party was a
foreigner, and the Lord Chancellor had sent it to be
tried here. After some further observations, which
our limits will not permit us to detail, he said he
should he able to prove that this whole story was
fabricated, and the Defendakt (who, although his
client, he could not help saying it, was guilty of a
shameful offence) had executed his bond, to de-
feat the fair claims of his own sister, to a property
left her by her lather, to whom the Defendant was
sole executor. He should also show that Lord Ca-
melfurd was on the Continent at the time this lady
stated he was daily in the habit of visiting her in
London.

Mrs. Kirk was then called, and stated, that while
Madame De Luneville was in her house, she at
first appeared in great distress, and used to receive
frequent supplies of money from Mr. Philipp, whom
she had no doubt was improperly connected with
her while she lodged in Witness's house. She also
spoke of the written paper in which Madame pro-
posed to surrender her person upon certain tc: ms ;
of her agitation at the time, and her joy at finding
these proposals accepted by Mr. Philipps. •
The Arrosnsv-G was proceeding to
cross-examine this witness ; when
Lord EL LIiNDOItOUON observed, that there was
not a shadow of proof to show how this lady came
by so large sums of money, and what consideration
was given for the bond. If there was any source to
show tram whence it came, or even if Lord Camel-
for,j's banker had been called to show at what time
his Lordship received these notes, it would afford
some colour for this proceeding ; but no such
evidence appeared, and he could not see any colon r
or pretence for such an allegation.
l'he Jury, therefore, under his Lordship's direc-
tion, fouad a verdia for the Defendant.

NAVAL MTALLIGANCE.

PORTSMOUTH, JUNE 14.

Arrived his Majesty's ships Riadartam, from the
North Sea,. ; La Fitch', from a cruise; Argus, V,xtn,
and Ayr, with a convoy from the Downs.
Sailed the •Isis of /0 guns, Vice-Admiral Hol-
loway, for Newfoundland ; the ships belonging to
his squadron will follow him. Also the Puedina,
with a convoy for the Downs.
His Majesty's ship Hiddustan, of 50 guns, is to
take Antiiony Carmichael, Eq. Secretary of Lega-
tion to His Sicilian Majesty, to Sicily.
• joys 24.

Arrived this day several transports. having on
board the 2.1 light battalion of the King's German
Legion, from Ramsgate harbour ; Trompetue sloop
of war, from Yarmouth ; and L'Esplegla sloop of
war, from Cork, with the following vessels under
con►oy, viz : the Ilaosisah, Maria, aad the Newry,
which have sailed for the River.

asa leis rms. and said he n
America. She proposed to ass
thaw property to secure her; whi
land; she would advance hi
warded ; he talktd of a bond