Star.
London, England, 1808-11-11 00:00:00

NAVAL ENGAGEMENT.

The following is the literal copy of a letter from on
board the AFRICA, and gives an interesting account
of the action between tlrat ship and the Danish gun-
b 'ats :
His Majesty's Ship Africa, off Copenhagen, October 20.
" ma DEAR YRIEND,
" I offer sincere thanks to ALMICIETT Con, for his infinite
mercy in preserving my life this day, during a very severoaction
with the Danish gun boats. We sailed from Carlicrorta, in Swe-
deni about a week since, with a convoy under our protection of
nearly 200 sail of merchantmen, for Malmo. Our convoy got
• Into the wished-for port,all,l believe, except one taken, and titres
en shore, which were burnt by our people, to prevent their fal-
ling into the hands of the Danes.
The Africa kept between the convoy and the Danes, to cover
and protect them. About cue o'clock this day it was quite
calm. We saw the Danish gun boats rowing towards us, to the
number of 32 boats: perhaps you do not know, but for your in-
filemation I tell you, when a large ship is becalmed, she is quite
unmanageable, a mere log on the water, which was our case. The
Dares, with their oars, took the opportunity to come An our

quarters and bows, where tney knew we were wcakegt, and en-
deavoured to rake us. About half post two o'clock, they came

within gun shot of us, and we opened a brisk fire on thetas, from
is many of our guns nwe could bring to bear on them. They
continued advancing, and stationed themselves some ol the quar-
ters, and some on the bows.

" 'liaise boats have in a calm much superiority over a ship ;
bby means of their oars, they can pull round a ship in any direc-
tion, and being small, comparatively only like a speck on the wa-
ter, they are no mark to aim at like a large ship. They contain-
edin el, as far as we can learn, about :KO men, and 128 guns,
Mind 42'., *with swivels. To do them justice, they shewed
mach courage in coming near us, for oursliot went far over them.
" I was stationed at the lower gun deck, to hand powder from
the magazine ; ssad confess, I suuddered to see the poor sailors
knocked down in our ship, as I could sometimes, through a alit
in athisk bone' screen, which was hung round the hatchway on
which I stood, to prevent any firr_ from the flashes of the guns
communicating to the powder, as it was handed up to the people
above us, immediately over the magazine. I confess my weak-
; my standing over the powder room, the shots pouring in,
in every direction, together with shells, I thought the magazine
would be blown up. I endeavoured to bear up against my fears,
sad succeeded.
" Their rape-shot could only be likened to showers of stones
or dust thrown into the ship by shovels. The screen round me
was soon knocked away entirely, by splinters. A cartridge of
pekes, of 41bs. which I held up over my head to the man above
sne, blew up, the lid of the cartridge box being off, without hurt-
ing me, except a slight stroke on the eye. I cannot think how I
escaped, but by an over-ruling Paovint vet:, from deseruction.—
Ssvttal large shots came through the ship's side, close to me.—
Two iron staunchions, six or seven inches in diameter, were shot
through and broken to pieces. The man over me to whom I
handed the powder, was wounded in both arms, and in the breast.
" At half past seven, rhos:, that remained of the enemy began
to pull awsv front Uf. lam informed by our people who were
on deck, they supposed the Danes suffered extremely by our fire,
zs they saw several boats sink, and they were picking up the people
out of the water. Some had not more than five own left in them.
'the darkness of the night finishud the business.
" At the conclusion we find that we have eight men killed
outright, and in wuunt'ed many badly. The total is 61.
" Our colours were twice shot away. Ihe enemy, supposing
we had struck, buzzard and pulled nearer; we huzzaed and pelt-
ed away at them ; they drew back.
" We expect the masts to fall if we should have much wind,
before we can reach a port ; in short, we have many shots be-
tween wind and water, and some such large pieces knocked out
of the side, that I could almost creep through, and we are a mere
wreck. Our boats are shut all to pieces ; an armed chest on the
poop blown to pieces by their shells ; but, thank Con, we beat
them off. We suppose their loss in men must be three times
greater than ours, considering their numbers, and from what
those On our decks saw. .1.1m.e now in the ship, and who were
in lord Nelson's last action at Trafalgar, say, this surpassed it
for bard fighting.
" Ihe emits) slimed the greatest courage. We have three
officers wounded, and the Serjeant-major of Marines badly.—
Captain Barrett walked the deck all the time during the action,
ai cord seed comp,ted at if not!L:rg was doing, encouraging his
men. lie has given hash his cabins to the wounded; and the
oiltershave given them their cots.
" We are going to Cerlscroi ato refit. The worst is, we have
nothing but crisply honour for this, and hard knocks; no prize-
money.

lam. writing thi on Saturday night. I drink all your healths
idd happily's& in a zilie:s of grog. This is a brave ship's company,
r-Ilicwh.t under 4U) men, and tco inuch cannot lit said in their
If the day-I:ght had continued two hoirs lony:er, and the
perse.-ered with a little more ju4 anon, Coq !nal killed
to"...tairds of uc, or sank the ?kip, for she will, with our Cap-
tain, weer strike her flag while she swims.
I suppole we 11:..11 next conic t England, as our ship is
above Liay yea. 7,. id, and quite (lone up. This evening (Sa-
tikrchT; Yaoht rb'clach, we fill in with our Commander in
Chirt. S'. 1. tauniarex, in the Victory. Ciptain Barrett went
to hoar,: to hir‘i, and got ordrrs to go to Carlsci °Lk to repair his
slinuge. ,

'so.
001
cno

.." gt:NDAY-T have betn on shore, ar.d on returning to the
"PI 'ls f:n viewing her sterr and sidles. In the stern
that n,4 a squ ire foot without a shot striking, or a hole :
there a:t 70 hole.. in 1..
We Lave got sure c.u-penters from the ships here, and they
*1 busy in repairing the damages, in ceder, 1! we suppose, to
e:able 1:s to pmered to E.-zland."

rife ritEAMEs.
DRLYRY-LAWg.-Last flight was produced, for the
first time, a Drama with Music, itultuled " The Siege
of St. Quint in j or, Spanish lieroisin."

DRAMATIS PERSON/g,
SPANIARDS.
Emanuel Philip (Duke of Savoy) Mr. PurnAst.
Count Egmont (the General) . Mr. &LISTON.
Theodore (his Son) • - - Master WALLACC.
Everard (the Military Minstrel) Mr. BRAMAN.
Bettt-And - Mr. Dc CAMP. •
Alvarez - - - Mr. RAY.
Adriana (wife of Egniont) - Mrs H. SIDDONS.
RNOLIS/1.
Sir Leinster Kildare - • - Mr. lottnrronit.
Captain - - - . Mr. MApooces.
lAA . Mr. Pz
Serje•ant Sturdy • - Mr. Cootie.
Soldiers - . - IMP. GIBION,
Mr. DIGNUM.

De Courcy (Governor of the Castle) Mr. RAYMOND.
Laroche - - - Mr. SMITH.
Rosa de Valmont - - Miss RAY.
Margaret . - - - - Miss Ttnswrt.t.
TLe Vocal Parts by Mr. Brakain, Mr. Johnstone, Mr. Gibbon,
Mr. Dignum, Mr. Cuoke, and Miss leron.
THE FABLE

is a story of old times.—E ivr;/st,;GtWeral in the Spanish army,
being anxious to see his wife and son, who are detained as Pri-
soners by De Courey, in the Castle of St. Quintin, enters the For- I
tress in disguise; but being discovered, by the exclamation of the
child at the unexpected sight of his father, is confined beneath the I
stage in a cage or iron, over which his wife and son are immured.
The son contrives to steal the key, and liberates his father; and
whilst Do Courry and his soldiers descend into the Iron Repository,
it ,•arch of Egmont, the key is turned, and, by a little legerdemain,
the captives become free, and the guards become the guarded.--
Egmont succeeds in passing the sentinels; but his wife, son, and
Rolm ele Vainorr, their attendant, are detained; and at the instant I
that the ?atter is about to suffer death for having deceived De
Coi‘rey, so.) attempted to effect the emancipation of his Prisoners,
her rescue is accomplishoil, and De Corny overthrown, by a party
of English Soldiers, who, by a Ruse de G , have obtained ad-
misssioa to the Fortress, under the auspices of Sir Leiniter Xildare,
a gallant Irishman, and an old inamorato of Rosa r; with whose
nuptials, :sod the re-union of Errant with Adriana, the Piece
happily conchides,
In the choice of his subject and his scene, the author
appears to have been desirous to avail himself of the
popularity of the Spanish cause. The allusions, how-
ever, were not happy, and did not produce the expec-
ted effect. They were complimentary to England;
whereas, to gratify a truly just and generous feeling,
the author ought to have attributed every thing to
Spain. The Count Egmont, of Mr. ELLISTON, was
a combination of the leading features of Rolla and
Alonzo, in Mr. SHERIDAN'S celebrated play of Pi-
zarro. It afforded some situations which were very
interesting. Mrs. H. SIDDONS was a Cora, braving
every danger for her husband and child. She played
the part with great truth and feeling. In the scene
where she discovers Count Egmont in disguise, the
house rang with applause. The youth who personated
her son played very well, but. he was too much
grown, and this affected the delusion of the scene.—
Mr. JOHNSTONE, in Sir Leinster Kildare, was not ex-
actly in his proper line. He should have appeared
like a brave officer in his military profession, and not
sighing like a silly swain for a little village girl. No.
thing is more ludicrous than a false expression of
pathos—it never fails to excite laughter. Upon this
principle we must condemn Mr. DE CAMP'S Bertrand.
The character would have been supported much better
by Mr. HOLLAND. Miss RAY was an interesting
Rosa, and played the part with feeling and good sense.
Mr. RAYSIOND, as the cruel Governor, was most suc-
cessfully terrific. Indeed the performers, in general,
were much applauded, and exerted themselves to the
utmost. Had the author confined himself to an after-
piece, the present materials might have answered most
successfully ; but the combination does not possess
strength, variety,and interest,equal toa principal piece.
As a second Tekeli, it would have left the authornothing
to wish for. To the managers as well as to the per-
formers, he is greatly indebted for the success which
it did obtain. The scenery was beautiful and pic-
turesque in the extreme, and the dresses and decora-
tions various, appropriate, splendid, and expensive.
In the vocal department, Mr. Bnititam came forward
as a martial minstrel, to rouse the Spanish troops pre-
vious to their storming the castle. The strain chosen
for the occasion was an adaptation of the celebrated
Scottish air, " Scots, wha hae wi' Wallace bled."—
The song is highly impressive and affecting; but
it was here out of its place : the utmost energy
and pathos of Mr. BRAIIAM could give no effect to it.
Miss FEDoN, as a peasant girl, had also an air, which
displayed her powerful voice to great advantage..
The beautiful duet of All's well, was executed by
Masters DounouseT and HUCKEL, pupils of Mr.
Count. They sang in the most enchanting style, and
were rapturously encored. The concluding scene of
the piece was badly managed, and was lost in con-
fusion, and the curtain fell amidst a tumult of hisses
and applauses. Public expectation had been strongly
excited, and the Theatre overflowed, at an early hour,
with a brilliant audience, including

Dukes of Montrose, Argyll, and De Castries; Marchionesses
of Headfort, and Dowager Bath; Earls Camden and Cowper,
Countesses 13arry•more, Dowager Buckinghamshire, Clermont,
and Cowper ; Viscountess Melbourn ; Ladies M. Taylor and G.
Cavendish ; the Hon. Mr. lamb; l'ortuguese Ambassador, and
a party of Portuguese Nobility.

. .
KING'S THEATIIE.A new melo-dramatic Opera,
callsd " The Exile," was last night presented, for the
first time, at this Theatre.

THE CHARACTERS.
Mr. POPE.
Mr. INCLEDON.
Mr. Musinzu.
Mr. LISTON.
Mr. FAWCETT,
Mr. YOUNG.

Count -
Count Calmar • -
The Governor . -
Baron Alltradoff
Servitz . -
Daran - •
The Patriarch -
-
Yerroak - •
Welzien - -
The Empress Elizabeth
Catharine -
Alexina -
Sedona - -
Anna - -

Mr. CRY.-SWFLE.
Mr. MI RRAY.
Mr. CHAPMAN.
Mr. JEFFRIES.
Mn. ST. LEGER.
Mrs. DICKONS.
Mrs. H. JOHNSTON.
Mrs. Gums.
Mrs. LISTON.

and in that capacity uounpanies hint to ToboiskoW, tvhither the
ha! on is journeying to claim the hand of Catherine, the Governor's
niece, whose affections he in vain attempts to win by his skill in
music and dancing, her heart being already devoted to Coed
Calmar, by whom she is beloved with equal ardour. Rammer,
aware of the ruin preparing for Cesar, (Wick, to conceal his benea
volent designs, assume s a ferocious aspect, and expresses a deadly
hate to the Exile and his family, by whi:h means he completely
blinds the Governor, as to his intentions, and, jointly with Wel.
sier, the enraged and rejected suitor of Alrxina, is entrusted with
the execution of the Empress's orders; in pursuance of which
enrid is dragged front his retreat, and imprisoned in Tobolskow,
and they are sent in pursuit of Ales.ies, who has set out, accom-
panied by re, ma, a faithful domestic, on the desperate under-
taking of travelling to St. Petereburgh to sidle it her father's pardon.
In this undertaking be completely frustrates the vindictive designs
of Welzieu, and Alcxina reaches the neighbourhood of Moscow in
safety. "I he rejoicings of the inhabitants of that city announce
the grateful tidings of the accession of Elizabeth to the Throne of
Russia, and of her approaching coronation. 'flexile:l hastens
thither, rushes into the presence of her new Sovereign, and not-
withstanding the influence of the Patriarch, a near relation of
Prince Lowenstern, she procures, through the means of the dis-
guiseei Romagolf, the pardon she solicited, and immediately departs
for Siberia, without waiting for the deed of pardon to be com-
pleted ; by which means she is again subjected to all the bitter-
ness of sorrow ; and, in order to save herself and family from im-
mediate destruction, is compelled to mary the supposed Derail.—
The Governor at length receives the' Royal Mandate from his
Court for the liberation of Coast Uh hi, and by it he becomes ac-
quainted with the villany and disgrace of Prince Lowenstern,
which reconciles hint to the union of his daughter with Gount Cal-
mar, to Whose protection she had fled, after escaping from her
uncle's house by the ingenuity of Straits. 119manof, not Dal an,
claims dfhxilla for his bride, and the Exile is restored to his for-
mer honours.

The reception given to this piece in its representa-
tion was the most flattering and unqualified we recol-
lect the most favourite of our modern dramatic pro-
ductions ever to have received. Its claims to merit
are nut built merely upon the ordinary aids, of splen-
did scenery and fine music, but it boasted a higher
title to public approbation in the dignity, purity and
feeling of its language. The sentiments of filial piety,
breathed by the amiable Alexina, were admirably cal-
culated to excite in the heart of every auditor feelings
germain to all that is amiable in human nature. The
music, ahhough it had not much novelty, yet its
grandeur and peculiar propriety amply compensated
for the defect, and the scenery, dresses, and decora.
tions were of the first order in splendour and mag-
nificence. But however much is due to the success ,
of its representation, from these recommendations, yet
more of its applause must be attributed to the exer
tions of those in whose hands it was entrusted. One of
the most prominent novelties of the evening was the
first appearance of Mr. YOUNG, whose era; i was hailed
with such testimonies of enthusiastic gratulation, as
were alone sufficient to ensure the Piece a most cor-
dial reception. Throughout the whole of thin Gen
tleman's performance, he received so many marks of
public approbation, as, formed no small addition to
the well-earned fame he has already acquired, and
must stamp him, in future, as a favourite with,the
Public. Mrs. H. JOHNSTON, as illexina, captivated the
House by her tender sallies of feeling, in the double
character of daughter and lover. Mrs. DICKONS was
in fine tone, and was encored in several of her songs ;.
as was INCLEDON, whose ballads were well adared to
bring forth his most melodious strains. The parts
allotted to Mr. POPE, Mr. MUNDEN, Mr. LISTON, and
Mr. FAWCETT, were sustained in a manner well worthy
their reputation. The whole performance was re-
ceived throughout with the most unqualified approval,
by one of the fullest Houses the season has witnessed.

THE REMEMBRANCER OF A PROMISE.

T love, sweet Bmily ! thy bloom of youth,
Thy speaking eyes, thy charms, thy every grace!
But in thy bosom if there be no truth,
Ah ! what avails thy loveliness of face ?
Sweet is thy tongue—it speaks but to delight:
Thy rosy lips with honied words distil ;
Say, Heavenly Powers! can falachood shine so bright,
Can such lip promise—never to fulfil?

LAW LWELLIGENCE.

D. ►.

COURT OF KING'S BENCH, NOVEMBER 10.
OYSTER FISHERY.

In a case of trespass, for infringing upon a right
of Oyster Fishery, Where a verdict was given at Chelms-
ford last assizes, for the plaintiffs, Mr. HAnnisoN
this day moved that the verdict should be set aside,
and a new trial granted. From his statement, it ap-
peared tl►at the plaintiffs were tenants of Sir Henry
Mildmay ; thal in right of him they exercised the pri-
vilege of oyster fi;hing in a certain part of the county
of Essex, on the sea coast ; that the defendants, as
well as the plea of general issue, had also put in four
special pleas to the declaration ; that the plaintiffs re-
plied, and now he made the present application upcn
the ground that the plaintiffs in their replications to
the said pleas, did not set forth such specifications as
would affix the boundaries to their respective rights
and privileges, as the pleas bad pleaded that the locus
in quo was an arm of the sea, and ergo a liberum tent-
menium.—Rule refused.

BOWNAY W. PETIIF.R.
Mr. Serjeatat LENS moved for a rule to chew cause
why there should not be a new trial in th:s case,
which was an action for a malicious arrest and prose-
cution. Bownay was a dealer in spirits at Winches-
ter, and was at Barnstaple upon business, where an
agent of his, one Hooker, had been arrested by Pe-
ther, a bailiff, and was in custody. The plaintiff
wishing to procure his liberation from custody for a
time, pledged two bank notes of 101. and 201. each
with Pether, for his appearance on the 16th, which
was afterwards enlarged to the '2lst of May, upon a
written memorandum. Hooker then returning into
custody, the plaintiff demanded his bills, and tender-
ed to Pether his paper memorandum, which Pether
snatched out of his hand to tear it, and told him he
had nothing to shew for his money'; but the plaintiff

Sc a tie—Russia. - _ -
I insisting upon having the bills returned, Pether charg-
.
THE FABLE. . ! ed him with a forgery, saying the bills were forged ;
Count Ulrich, a nobleman of distinction, after acquirirg great and he was committed by a Magistrate from the 21st
reputation in the Russian army, is nevertheless banished to Sibe-
ria, through the base influence of Prince Lowenstern aver the of May to the 26th, upon a charge of forgery. When,
Empress Catharine. He is thither followed by Sedona, his wife, upon a letter arriving from the Bank, declaring the
and his daughter dfleviria. Rosusne, the nephew of the Gayer- bills to be good, he was immediately released. The
nor of Tobolakow, frequently visiting the wretched family at their only ground for charging him with forgery was that
retreat in the neighbourhood, a mutual attachment takes place .
between him and Almina, which his uncle suspecting, in order to the notes were very old, one of them being dated in
prevent his future visits, and to compel him to marry the niece 1774, and the other in 1777. The Learned Serjeant
of Prins Lneenttern, banishes him beyond the frontiers, and now contended, that there had been no evidence of
endi:avours to force A/taints into a marriage with Welcien,-- malice, which was necessary to support this action.
Ronwsuf assumes the name of Arran, goes to St. Pctersburgh; ,
and, in the cbstmise of an Indian, gets into the service of Baron Lord .C.LLENBOROUGH thought there was no prt-
-41/iraiq; a nephew of Prince Loweastern, a pert, vain coxcomb, bable cause for charging the felony, and that tilt

circumstance of tearing ttie paper was evidence
express malice, and indeed he seemed to shew such
indifference to the feelings of others, that it might be
considered as a sort of general mated Rule refused.

TRIAL BY JURY,---BROWN v. MIDDLETON.
Mr. GARROW in this case moved for a new trial.—d
It was a question of usury, which we reported last
week, upon the ground, that if checks or cash paper
were sent by a letter on the goth, which did not ar-
rive in London till the 21st, it was an advance'
updn the 20th. The Court thought it should not
have been stated as a loan for the purpose of a penal
action till the gist.

Mr. GARROW then moved, upon the ground that
there was a verdict against evidence.

The Court said, they did not know an instance of
a new trial in a penal action, where the verdict was
for the defendant, unless it was for a mistake or mis-
direction by the Judge.
The ATTORNEY GENERAL said, a Counsel in a pe-
nal action once persuaded a Jury to find for the de-
fendant, because, though he shot off a loaded gun and
a bird fell, it was possible the bird might be frighten-
ed at the noise, and not shot by the defendant. But
the Court refused to grant a new trial.
Lord ELLENBOROUWI said, he thought the rule
should not be without an exception, for Juries might
be tempted in those cases to decide contrary to all
law. The reason why they were not subject to a
new trial in cases of assault was on account of the at.
taint which might be entbrced against a Jury. Hit
Lordship, however, declined granting the rule until a
precedent could be found, and for that purpose sus-
pended the judgment of the Court. He said he
should be inclined to grant it for the purpose of dis-
cussing the question.

COURT OF COMMON PLEAS, NOV. 10.
EVIDENCE.---NORDIN V. WILLIAM;;ON.
This action was for work and labour done towards
the erection of a brewhouse projected by a Mr. Pugh.
The defendant, the keeper of a public house, had in-
terfered from an expectation of getting the tap. The
cause had been tried at the Sittings after the last
Term, and the Jury found for the defendant on the
evidence of a Mr. Twyhell, who had been partner to
the plaintiff at the time the We. k was executed, and
was therefore a plaintiff in law. Twybell swore that
they had not looked to Williamson for payment.
Serjeant COCKELL now moved for a new trial, on
the ground that I'wybell being a plaintiff, his testi-
mony, according to the rules of evidence, could not
be admitted.

The Court, however, agreed with Chief Justice
Mansfield, that a plaintiff might be admitted to give
evidence against himself-
__

Serjeant—CocKELL objected, that it was impossible
to know how a plaintiX would give his evidence till he
was sworn and actually examined.
The Court replied, that if the defendant chose to
run the risk, there could be no objection to such evi-
dence. Ruh: refused.

N. B. It seems, therefore, to be tlte opinion of this
Court, that a plaintiff may be admitted as a witness,
provided there was no objection to it by either of the
parties. By parity of reasoning the rule will extend
to a defendant likewise.