Star.
London, England, 1808-06-16 00:00:00

11*' JMELZIGE,ACA.

•
Mr. PAtnt;frit thellaluttlfs, said, that the last item
in the acct unt between the-Deltnattant and his agents
3111111/4.aAted on. die 29th of June, 1796, which w; s a
•fhArge, for the price of his Majority since which,
much More than six years having expired, the plea,
under the Statute cf LimkatiOnt, would have been
sufficient; had not the Defendant himself revived the
debt bt .his own ac knowledgment. The Learned
Counsel staid; he would prove, by the Clerk of Messts.
Itcas and Ogilvie .that he had so done as late as the
ythur 180 g; and then his clients would be entltled to
the verdict of the Jury.
.Mr.W. Wherscn deposed, that, in the year stated,
the-Defendant looked at the acount, said it was per-
fectly right, and tha4 he would settle it with Messts.l
Shawe and Le Blanc, Solicitous to the Commission.
Mr. GAnnoiv, for the Defendant, produced a letter
,•from Messrs. Ross and Ogilvie to the Defendant,
dated the 12th of April, 1798, two years aiier the
account was balanced, with the sum 01 4-2:ts 12s.
appearing . againit the Defendant. The Learned:
Counsel contended, that as this letter made no de-
ittand, it was clear none existed.—Verdict tor the
Plaintiffs; 0238 12s.
Azcoznsax AND ANOTHER V. LORD.

COURT 0E KING'S BENCH, JUNE Ld.
BARRETT V. enteeeeeite. •
The Plaintifitsse publitae, and keeps the hose mild'
Crown,. at triteeithithe; the Defendant is a constable
of the City. This eras an action foi deluages for an
sass lulu
Mr. PARK, for the Plaintiff,: said, that this assault
had a circumstance of aggrevation,7 in being cons.
misted in the house of his client. The Deteedapt
WAS pieced in the City to assist press-ganke, and to
prevent riot and tumult in the coadtrA of
_that ser-
*ice. On the 16th of April, 'he cdate with a preSs-
gang to the house of the Pleintid}, when, observing
. a eroung man serving the custtrners, he enquired who
the youth was, and' whether he had been at sea ?--e
The Plaintiff rei.ied, e He is my brother, and he
ha; never been at sea." .Upon thiethey_seids e He
has aid we will have hint." The Plaint ff then took
Isrol.a• by the, arm, shoved him 'hug the Isar, eta
next expostulated with the gang. The Defendant
now struck uae Plaintiff- with his constable's-staff,
1.V07e. at him, and slid he should go to the' Counter.
In this situation, the Plaintiff.having a considerable
sum -about him, and not knowing to what new acts
of violence he might •be exposes', endeavoured to
pass the mrseerinto the hands Of his wife, when he
Was struck repeatedly over the tngtrs, ,and' effectu-
ally resisted: The next day the young man who was
• pressed, was brought before the Lon) MAYOR, and
by him dischareed. It appeared, that the young
man himself had served the rrscess in this Cause, and
that in consequence the Loae MAYOR had ordesed
the officer so misconducting himself to be defended;
but this inteiference the Learned Counsel conceived
to be improper; and he trusted that the Jury, by their
verdict, would prevent such officers from exercising
lintsr authority in a wanton and brutal manner.
Richard Mills, a 'waterrnan, and Mr. Keens, who'
were present on the occasion of the assault, deposed
to the facts stated in the opening.
Mr. Gnenow, for the Defendant, observed, that
the City having been considered a sort of sanctuary
ems/ma&
or protection against the impress, warrants were not
executed for that service in London without the au- COURT OF COMMON PLEAS, JUNE is.
thority of the Chief Magistrate ; and this authority SIR J. T. .DUCKWORTH V. TUCKER.
was not ',even, nnless the impress was conducted un- The Plaintiff was one of the Admirals under Lord
der the inspection Or the Lord Mayor's own officers St. Vincent, upon the Mediterranean station, and
The Defendant was one of these officers. What were claimed share of some prize money received by the
the facts here ? The Plaintiff forced his brother into Defendant to his use. The ships were partly French
the bar, andlhen Boniface thrust himself in the doors and partly Spanish, and were captured in the Atlantic
way, to prevent ingress or egress. If the press-gang and on the Barbary coast. The Defendant retained
had taken him improperly, he had the means of re- the sum in question in his hands, being about
dress ; he might have gone before the _Lord Mayor, for the French ships, andleool. for the Spanish ships,
or he might have resorted to the Judges in public in order to answer the demands of Rear Admiral
court, or in private ; and it ought to be generally Neiza, who commanded z I'ortuguese !quadron, un-
known, that on' such an application; all persons irre- der the superior command of Earl St. Vincent • and
...yularry detained may be immediately discharged.— the question was, whether the Portuguese Admiral.
itiThen the Lieutenent and his comrades %...• was ee.eied_to any share of these prizes ?
obstructed, they were determined to have their man, It appeared that, in 1798, the Portuguese Admi-
and they took both the party and the person obstruct- ral joined Earl St. Vincent, and put himself under his
irig them. Some promptitude and resolution were command, and was as much subject to it as any Bei-
necessary, because the service of the press-gang was tishenficer ; but as Spain and Portugal were then at
riot among the most popular, and least of all was it peace, it was agreed between the Court of Lisbon and
m within the boendary of.the city of London. The the Earl, that is case of a Sranisti fleet appearing in
. sleearned Counsel himself knew something of the dif- sight, the Earl was to give a signal to the Portuguese
ficulty of the duty of a constable, for be had served Admir l to heave out of siehe so as not to break the
personally:. he bad kept watch and ward, while the treaty with Spain • but if the combined fleets met: a
rest of his fellow-citizens were enjoying repose, and Spanish and Frenal; fleet together, then the Portuguese
Lilac'. borne about with him the little insigiiteof his were to attack the French, aad the English, as it was
office,. the staff and crown, an instrument about the expressed, give the beet ace unt tkey could of the
use of four quills, with which this terrible assault had French and Spanish ships. Admiral. Neiza was dis
been 'committed. e Upon the Present record there patched in order to join Lord Nelsen, in Egypt es—
must be-a verdict for the Plaintiff, althoUghstlie De- but.not getting there in time, was • sent to blockade
fendant was an OffiCer, expressly oideredieson this ser- Malta ; being sell undct th- command of Earl Ste
vice, and using his endeavours to fulfil painful I Vincent, in like manner asevsre Sir Duckworth
duty, connected with the defence of the country in and Lord Nelson. The ships in qeestien were cap-
' these perilous times. tuned in the Atlantic, at the entrance the Mediter-
His Learned Friend had indulged himself in some raneaa, and on the Barbary co et, and riot. in sight nf
reflections on Me Magistracy of the city of LOn4on Portuguese fleet. But it was admitted, that, if
which were wholly inapplicable. ;the Magistrates, Admiral Neiza was entitled to claim as a British- Ad-
in the 'discharge of their important duties, acted most' miral, he would he clearly emit cd to share in the flag
honourably : it was their frequent custom to defend 'eighth 'with Adiairal Duckworth and the other• Bris
their own officers upon such representations as were tish officers, as to the prizes. With respect to the
senile to them, and' they had no cognizance. pf the French prizes, this was hardly made a question ; hut
evidence which appeared here. Mr. GARTIOW said, with respect to the Spanish, it wits said that the Por.;
" that in determining the damages, he hoped-the Gen- tuguese Admiral could not be ewitled to
:share in
tlemen of the invy,would give shell a verdict as would them, heaanie, if he had twee present; he could not
not be ea subject of triumph to the neighbourhood of have assisted in the captuie.-
QUeet hithe. For the Defendant it was insisted that, notwithstan-
Lord ELLENDOROUGII, after stating the nature of the ding the treaty of peace between Spain ald Portugal,
Action, remarked, that if the gang had taken a person it was a hollow treaty ; Portugal was secretly at war
who was a proper object of the impress, it would have with Spain, and the Portuguese Admiral was Senn-
been the duty of the Plaintiff not to have given any pletely under the controul Of Cie Lords St. Vincent .
obstruction ; but if the Defendant attempted to exer- I and Nelson, whO could employ him just as any other
cise his authority over 4 person *under such circum- officer in the service.
stances, who had not been in the King's service, and Earl St. Vincent was ea/led as a witness;, and
Who had not Worked upon any navigable rivers, the though he said there was unenther agneeinent between
obstruction. was neither irregular nor illegal. Upon ! himself and the, Portugue-ses.Governmeets, than. 'that
finding that they were going to take this man, who above stated;tee the Portuguese War latinieter,, Ro.
Was so nearly connected with, him, the Plaintiff placed derigo de Stisa, expiessedhimselfwithtreat warmth,
him within the bar, and endeavoured to detain him that if he found the Spanish fleet greatly his superior,
there. Thus resisted, they drag the brother out of the the Portuguese sho'uld assist him akeinst the Spa-
Le' ; and not content with this, they seize upon the I niards, and if that had. happened; lie should have
master Of the house, and threaten to carry him to the brought the Portuguese ships into action at any hazard
Center for the 'Obstincreni. Whet obstruction ? and taken the risk of the consequences upon himself.
There was'no obstructioel:of the. gang in respect to Sir JAMES MANSFIELD directed the Jury to find a
any ditty they bad to • Bui the matter did not . verdict for the Plaintiff, and it was agreed that the
end there. The Priblleao, haying a considerable sum , opinion of the Court should be taken upon the law of
of money about ik was anxious to remove it to a I the case next term, and particularly upon the question
place el "safety ;.i.nel for this purpose, endeavoured to I with regard to the Law of Nations, whether the Por-
pass it into the hands of his wife. On using exertions tuguese Admiral could claim a share of the prizes
for this purpose, he Was most grossly treated ; for on , cat' ured from the Spaniards, with whom his own•na-
the evidence there, was not the smallest reason to sup- tion was then in a state of peace.
pose, that in endeavouring to take out his money, e
was trying to disengage any dangerous weapon, which I
he might employ against his opponents. This, then,
• was a most improper and harsh conduct ; there was
no pretence that the man who was to be detained was
the proper object of the impress : the violence was
wanton and unnecessary. The Jury would therefore
give such temperate and provident' damages as were
due to amen attacked in his own house, then dragged
ort of it, and injured in attempting to protect his
friend, arts! secure his property.—reedict for the
Plaintiff, damage:
PEARS% AND OTHERS V. TAYLOR WHITE, ESQ.
The Plaintiffs are Assignees to the estate of Ross
and Ogilvie, who were army-agents, and became
bankrupts in Igo4. The Defendant is a Major in his
Majesty's service. This action was brought to recover ,
stated to be the balance of accounts against
him in the hooks of Ross and Ogilvie. The plea was
cn the Statute of Limitations.

The Plaintiffs are brewers in Whitechapel, and the
Defendant kept the Cock public-house in Grafton-
strect, Westminster, belonging to the forms. He
took the house on the 4th of March, 1807, when it
*as stipulated, that he shonld not let it without the
consent of the Pia ntiffs. The trade, when he entered,
was as low as IA butt per month ; but before the fol-
lowing becember it rose to seven batts. Wishing to
111 part with the house, he found a person of the name of
Doyle, who took it off his hands, and agreed to give
' £6O good-will; but the Plaintils would not accept
of the latter as- a tenant, unless they received half the
good-will, to which the Defendant consented. Ac-
cordingly, on the 14th of December, - Sims,
the Plaintiffs' Clerk, met the Defendant, and settle)
the accounts, when it- aroare,l that the sum d
J€s. 3s. 6d. was due for rent. Thcne facts were proved
by him, and the Jury found a verdict for the Plaintiffs
£35. 3s. dd.

• ,
In MIRY SirEEP-SREAAJWC.

On Tnesday-morning thelvfetrliers of the Smith
field Club held a meeting at N'Yobarn Abbey. Ifs
Grace the Duke of BEnvonn in the Chair.
This meeting adjourned at 11 o'clock, and A Very
numerous Company of Agriculturists proceeded to
Crawley Heath Farm, tb be present at a Ploughing.
Match, for a silver. cup, value five guineas, to be
given by the Duke of BEDFORD, to the proprietor of
the successful plough, and two guineas to the Om
holder. At P 2 o'clock five ploughs started.
No. I.—Behingiug to the Puke of Bedford, a Not t.huml. erland
Plough. Ploughman, John Green.
No. 2.—John lior.cer, Esq. Bedford, Leicestershire plough, hull
by Henry Smith.
No. Duke of
_Bedford's Norfolk plough. Ploughman,
Joh!. Cole.

Barlow, of Magmata% improved Bedford-
shire plough, held by himself.
No. s.—Mr. James Hopkins Oliver. Detestable, Leicestershire
plough. Ploughman, Thomas Sommerfield.

The Ploughing was ended about two o'clock, hut
the decision of the Judges was not to be delivered tin
the next day.
The company then returned to the Park Farm,
and attended at the Judges' examination of the Prize
'!'heaves, and Long and Short Woolled Sheep. This
business employed them until three o'clock, wlin
they repaired to the Abbey to dinner. In addition to
the Nobility and Gentry present the day before, we
noticed the fifflowing, viz.
Lords De Dunstanv ilk and Kinnaird.
The Marquis of Huntley.
,Sir Hugh Inglis.
'Reverends Mr. Sande, Mr. Leworthy, and Mr. bleneowe.

MusD. Fraed, .J. Prard, \Valiant Adam, 'Western, Far..
quharson, Parser, B. Bevan, William Maxey, 1.. Barker, G. Bar-
ker, Darnby, Buckland, Edw. Sharpe, Edw. Watt, Emery Pal-
mer, Edward Cowley, Trevor, I. Downs, J.i his, Warnock,
Wakefield, &c. &c.
After the cloth was drawn, the following toasts
were drank with the greatest applause :
The King. The Queen and Royal Family. Mr. Coke.
Lord SOMERVILLii then rose, and presented to th?
Duke a large silver salver, from the Agricultur sts
of Great Britain. This elegant piece of pl.tte weighed
about four hundred ounces, and was about 18 inches
by '2 feet in size, its border was decorated with em-
-1--"‘".1 Laurcs, emblematical of agriculture, in the
centre was the Beutoro ...ms, superbly engraved, with
this inscription : . . . . .
" To his Grace John, Duke of Bettryro, rrnin rat rtgrienlVirlitt.

Of Great Britain, Anno Dornini, 1907."
Lord Soso.P.rmi.r, in the speech with which he ac-
companied this present, stated that it was purchased
by the subscriptions of the agriculturists of the United
Kingdom, and presented to his Grace as a testimony
of their sincere esteem and frratitude, for the many
kospitable entertainments at Woburd Abbey..
• His Git4CE retarned his thanks in a most • elegant
and animated speech.
After the coreznony,..the health of the Duke of Bed.
ford was drank, with three times three. " Mr. Web-
ster, and success to good grazing." " The Marquis
of Tavistuck," with three cheers.

CORONTR'S Istizursrs.—An inquisition was on Tuesday taken
up,,t) the boi:y of Al. di4COVered in a boat off Fishmonger's
Wharf, Pow ga,e, by a waterman, on Sunday morning last. "l'he
vid:o viiiiined the clii!cl had every reason to believe it
WAS still-born, and the Jury brought in their Verdict accord-
ingly.
• Yesterday morning at ten o'clock, an Inquest was held at the
Red Lion, Bridge-street, on the Stirrey-side of Westminster-
bridge, before Charles Jemmett, Esq. one of the Coroners for the
Coutity of Surrey, on the body of the lad whose Lite we noticed
in the account of Astley's rowing match. His name was Louis
Antoine; his mother is housekeeper to Mr. Bei nham, coal mer-
chant, near the bridge ; he went upon a barge lying a-breast of
that gentlesnaa'swharf, to see the rowing-match, and fell into the
water.—Verdict, Accidental Death.
At 11 o'clock the same morning an Inquest was held before the
same Coroner, at the Swan, the corner of Church-street, Lam-
beth, on the body of Miis Jernima Prosser, about 10 years of
age, the daughter of a respectable trudeamais in the Strand, who
kit her life by falling from a barge into the Thames alma four
o'eloek on Sunday evenit g Lst. She had just returned from
hoarding-school, and was on a visit at the house of Mr. Davies,
in Northumberland-street. The deceased -_ cut in company with
Miss Ann Davies on board a barge at the end of the street, it being
a fine evening and the tide high up As they walked along the
gunwale of the vessel, Miss D. who was foremost, suddenly mis-
sed her companion, and upon looking into the water she could
discern her clothes, though her face was not visible. She gave an
alarm, but the body had sunk before a boat could reach the spot.
Several persons repeatedly endeavoured with drags to recover the
bod but It was not found until between ten and eleven o'clock
on Monday night, when Thomas Duftin, a waternaan,guing to
Milt another in launching a boat, saw the body lying partly on
the shore, and partly immersed iu water, opposite Lambeth Palace.
--Verdict, Accidental I)eath. •

HiItTH.
Tuesday, the 31 st aft. the Lady of Wilbraham Egerton, Esq. of
Tattoo Park, ola son.

MARRIED.

At Falmouth, oil ThursZla-r,"aMesli'igfield, jun. Esq. of Wish-
moor House, Northallerton, Yorkshire, to Mrs. Christina Maria
Jackson, daughter of aim late Colonal Akxandcr Jardine, of the
Royal Artillery. •
At St. James's Chutch, on the 14th inst. Mr. I.awson, of Not-
tingham, to Min Bisset, only daughter of Robert iLsset, Esq.
late Commissary-General.
Tuesday', the 14th inst. at Mary-la-bonne Church, N. W. Rid-
ley Cnilapme, Esq. M. P. second son of it Matthew White Rid-
ley, 'Bart: to Mie.S. Steele, eldest slaughter of the Right Hon.
l'iromas Steele.

Thursday the 9th, at St. Mary, Lambeth, Q elrge Henry Haiti,
Esq. of Wandsworth, to Mary Sophia, daughter of FrAneis Green,
Esq. of Denmark Hill.
A Broughton, Lincolnshire, the Rev. J. Ciffard, of Raby, A.M.
Chaplain R. N. to Ann, widow of .1 homes Swan, Esq. banker, of
Cainsboreugh, and eldest daughter of J. Goodwin,Esq. merchant,
at Brigg.
At Tralee Castle, lately, Thomas Collis, Faq. of Barrow, to
Miss Diana Denny, sth daughter of the late Sir Barry Denny, Bart.
Charles Alliz, Esq. of Colby, Lincolnshire, to Mary Elizabeth,
second daughter of William Hammond, of St. Alban's-court,
Kent, Esq.
At Nor hallerton, John Trolove, Esq. of Cawkwell House,
Lincolnshire, c Miss IsabelLtWilkinson, 4th daughter of the Rev.'
James Wilk i. son, of the former place.

The three last capital Prizes ever drawn, were
sold in Shares at Swing and Co.'s Offices, No. 11,
Poultry, and No. 12, Charing-cross, viz. N0..8824, ,
a £420,000, No. 6895, a £lOOO, No. 8417, a £lOOO.
They also sold in Shares four others, making in the
whole seven Capital Prizes in the last Lottery only.
Tickets and Shares for the State Lottery which be- At Mallow, County of C0r1,., Mrs. Mar:ha Hinchley, daugh-
gins 28t.h of this nitalth, and contains six Prizes •of : ter of
,t.he late Charles Nr7,ivint,,,tunu.,
,F.:l,l.,aogfetdha.2toCyncuatrist
At btdrnouth, DCVO],
Twenty Thousand Pounds !I I &c. &c. are on Sale !
I tureconittheeal,fdurraints..
1 Sir H. Russell, Kt. i.... 114.1 Judge of the Supreme Court of Judica-
at the above Offices.
a' the Manse of Birnie, the Rev.l.),4.Th An...''er
care, daughter of
-
-On Saturday Brighton wns visited by o .e of the I.
1 A ,
Most tremendous storms of thunder and light aing ever
sen linis et s f at , arish.
.. Pr, st.ot.r 4.iii'll ids nrAr Edinburgh, Sir Alexander Dick, Fart. of
recollected in thoie parts. It came on about 'seven
o'clock in the evening, but the whole had passed-over
Pn ' - t of April i. 14, In the tryst Indies. faptal - tames
in about an hour. the lightning was of the forlted—Avse•no; ..-Intra..der of his Mslesty.sloop HA irke, so a the
and most vivid description. Ii was itssmul and Alarm. ,- (44-• • "Y3Cc Cg'
, oLthe Royal N.lvy.
7, Tließ -I:6an.uel Johres, Rector of Welwyn, -'efts, .r Anna
.1 !
ing to behold. The thunder eves very loud ar - •VlOll4 exteat daughter of Uentral Cuyler, of . Jolll odge,
lengthened. . ' Hats.

At Falmouth, ear. Imlac,,to Miss Grate I..iffer, daughter of
Ph iiip Lvf• r. Fig. :.nn,l troller.of th• Cosoirs at Falmouth.