The British Press; or, Morning Literary Advertiser.
London, England, 1804-05-05 00:00:00

tober following, Captain Wolfe, who was ap-
pointed CUmmedcre in L'Aigia frigat...- over the
convey, made a signal for thaws to sail, and that
evetiiil the Ladg Nebo; left Port Oporto, and met
with no other accident going out than getting foul
cl a hawser as she went beet the bar. The weather
war fine at that time, and the Water smooth, with
but little wind ; but shortly aster, the sea became
rough, and abut eight o'clock in the evening, the
vessel was observed by the Captain (Loutheringtonj
to let in water; and the crew, on going to the pumps,
found them ehoakel, and incapable of being
worked ; they had no carpenter on board, having
left him at Lisbon, and Ending the leak increase,
they made a signal of distress to the C anniodore.
in consequence of which a host came on board
them from with a carpenter and seve-
ral seamen. The carpenter, on examiniug the
pumps, fouhd them choaLed with small cold, and
a seam open on the ship's quarter, which -did not
appear to him to have been recently caulked.-
Ihe state of the ship upon the -whole was such as
induced him to say she was in a dangerous skim-
lion, and not sea worthy. The carpenter, how-
ever, contrived to set the pumps a going bsfore he
left her, which was about six o'clock. After Cap-
tain 1-outherington had requested that a boat and
twelve hands might be sent from L'Aigio to assist
in preserving the ship daring the night ; the boat
having reached the Commodore, the carpenter de-
livered his message, and added, that he believed
the ship to be in great danger. l'a:ltain Woolfe,
however, observed, the night was d.rk, it was likely
to be squally, and, therefore, imcate to send a boat
with so many men. hot mdered an cflic,:r to hail
the Lady Nehon, desiring her to keep thee to L'Ai-
:k during the night, and in the morning they should.
have every assistance. By day-light the Lady Airbags
was missing among the convoy, and the Commo-
dore supposed she had put into Vigo, as they were
then on the coast of Portugal. It, however, turned
out, that after the boat had been hoisted in on
board the Commodore, and the Lady Nelson or-
dered to remain close to L'Agk, that she would
not sail; and became Immersed deeply by the
stern; the Captain having occasion to go into
the cabin, discevered the water had covered
the floor, and about midnight, in despight of the a.
exertions, it came over the quarter-deck ; in th it
situation the pumps became choaked again ; a lan.
thorn lighted was therefore hoisted as a sienal f-r
assistance, but no answer was made, and tae crew,
had scarcely got out their boats and pulled some
distance from the ship, before she sunk ; they for-
tunately saved their lives by reaching one of the
convoy.
At the trial of the cause, Lard At va-stay ex-
pressed a wish that Captain Woolfe could have been,
examined as to his opinion of the state of t:te
ship when the carpenter gave him the information ;
but being at sea off Brest at the time, he couitt not
be subpoenaed. On such :around, and that Cae
had been brought out of Oporto untit to stand ill
ses, a Rule was obtained for a new trial.
was now contended, in order to prove the verdiel
ought not to ,be disturbed, that the ship had
been properly covered with a%sr.;ngs, whi:e laying
at Oporto, to prevent the an from opening her
seams, and otherwise rendered fir for her voyage.;
her loss was imputed to the starting of a plank
and the Learned Serjeant argued, that from the
contradietory evidence that had been given, a fair
resumptioa .had bean drawn by the Jury in
favour of the Plaintiff, therefore the verdict ought
not to be disturbed.
Mr. Serjeant BAIL CY followed on the same side.
The Court acquiesced in the propriety of a new
trial, as the use then appeared ; but deferred en-
lartng the rule, until they had examined the evi-
dence more minutely.
_ _

Sir 3A,111•11 MAltifilitrop at one o'clock, sat, for
the firs: time, to try C.IUS4t3 at Alas, in Guild-
hall ; no case occurred einidcd to the least public
notice.