Star.
London, England, 1805-08-06 00:00:00

MALTA MAN Olr MAR:

•ItITWArt 01? A MITE% MOM Alf o,7llCtit OW 10AJCVSIII

" Malta. at Plymouth. Auer% 3;
" fam fare and waft, after a faun brolh with the enemy. Hie
particular.; of which you mutt have before this. Few of oar (hips,
except the Win;!for Cattle, have been injured, and nut a finale
m daunted in the fleet, with an enemy evidently in terror, and
flying before ui.

" After the battle on the 22d, we ftretched away for Ferro%
where we arrived on the 29th, from which place we v&re
dif-
patched for England on the ft, and arrived here to day. The
Combined Fleets, we are perfally fatisfied, were bound for Cadiz."
EXTRACT OF A LETTER FRON AN OFFICER OF THE
AGAMEMNON.
" His Majefly's 'hip Agamemnon, Weacrn Ocean,
4. July 23, 1805.
1- bear rriends—l write to inform you, that on the lad, we
fell in with the French and Sranifh fleets, confifting of 2.) fail of
the lint, and eight frigates; we had is fail of the line, and two
frigates. We commenced a very heavy engagement for two hours
and forty minutes: we took two fail of the line, one of which, a
Spanifh So gun ihip, Rruck to the Agamemnon. The weather be-
ing very foggy, and the combined fleet being to windward, pre-
vented us from taking or dcftroying more. We Coffered much in
our hull, yards, and rigging; having the fore and main yard Ihot
through; the foretop-fail yard Ihot away; the mizcn tripnicift
alto hanging over the fide ; twelve pair of lower fhrouds cut away ;
our fails like a fieve; fix Ibot between wind and water, 9ne in the
redder. But though fo many shot we:e ftriking and flying about,
and having three (hips on us, two Spanifh and one French, we had
but three men wounded, and thofe not dangcroufly, a thing (calve
ever known before. The Admiral told us our Ihip was one con-
tinual blaze of fire the Whole adiou."
EXTRACT OP A LITTER FROM AN OFFICER OF HIS MA-
JESTY'S SHIP TRIUMPH 4 DATED JULY SS, NORTH

LAT. 44. 20.
f I have thepleafure of informing you, that our fquadron, un-
der the command of Vice Admiral Sir Robert Calder, Bart, con-
ning of fifteen fail of the line; and two frigates, deferied the
French and Spaniel combined fleet on Alonday left, the asd of
July, about noon, confining of twenty or more fail of the line,
ten frigates, and two corvettes, ftanding for Ferrol; and at five
o'clock the Lme afternoon, we brought them to action, accord-
ing to fignal front the Admiral, to engage the centre of the enemy
firft : unfortunately, it came on extremely foggy and thick, 10
that we could feareely eillinguifli our own fisip ahead of us in the
line ; however,. we made thift to diftinguith the enemy's; our
chip followed the leading flip In the line of battle, and the only
flops we could perceive engage with us were the Barfleur and
Hero; the former behaved extremely gaßant, ad did our RIM; and,
I believe, you wiU agree with me in oyinion, whoa I fay that we
had no leG than four Spaniel Mips, one of then a three decker,
and two French Mips, pouring it into the Barfleur and our fhip, hot
and warm, for an hour and a half, without intertaidlion. When
the fog cleared up a little, oar men saw a three decker difmafted,
dropping to leeward out of the lire, and her colours hauled down,
receive a whole broadfide from one of the French Admiral's Mims,
which the returned with a few Mot. In what manner the Mips
afttrn of us were engaged, the fog prevented us from afct.naining:
at eleven o'clock, it became extremely dark, and there being no
mood, a general reflation of firing rook place, and at day light
next morning, I found the Triumph, Bat ficur, and Hero, to wind-
ward of our fleet four miles, and to leeward of the enemy about
three. I had forgot to mention, that our fleet engaged them to
leeward. The enemy remained to windward of as the whole of
the day, and (hewed no difpofition to come down to attack us to
leeward, where we remained repairing our damages. At ten
A. M. 233, we perceived our two frigates to leeward with a Spa-
niel three decker, partly difinafted, and a 74 difmafted, towirg
them up to the fleet, the enemy continuing the whole of the day
not dilpofed to attack us. The damage fultained by the (hips, the
inferi-rity of our numbers, and other caufes, have prevented
us from recommencing the engagement. The whole of the' lath,
we &aped our course tbivards the Channel with the prizes, which
were this day rent in under charge of the Windfor Cattle, and the
frigates. Indeed, we conceive it probable that the difmafted Pup
had specie on hoard, which poffibly induced the French Admiral
to give her a broadfid.: after she had ftruck ; and dropt out of the
line. The Admiral has jolt made the fignal to rendezvous off Cape
Finliterre ; fo that we have no doubt he means to-morrow morn-
ing to &ape hii course for Ferrol...if not perhaps for Cadiz, to join
Admiral Colinlgwood, who has twelve fail of the line there. As
the wind has [lofted Mice yefteolay, and we were then (landing to
the fouth ward at twelve o'clock, we may poMbly fall in with fome
of the lame ducks. Conlidering the warm fire we fuftaincd from
fix of the'enemy's Min at one time, the laft of which, a French-
man, to whorl we gave eight broadlidcs, our lofs is extremely
(mall, having only four men killed, and eleven wounded, and not
one Officer among them. We bad three aukward Mot between
wind and water; ooe on the itarboard fide of the cock-pit, in at
one fide, and out at the other, without much damage. I very much
fear, owing to the foggy weather, fome of the iternmoft Mips did
not come to salon, otherwife, had that been the cafe, and welted.
had the weather-gage, and not foggy, we Mould have given a good
account of one half of them, or perhaps every man his bird. If we
do tall in with them, I think we !hall give a better account of them
at neat meeting."

Captain JAMES GARDINER is arrived from the coall
of Chili, which he left on the t ith of April la, r.nd
reports, that two South Sea whalers were caFtureci
by a Spanith fi igate and King's brig, and carried into
Valrornfa. A full fhip, homeward-bound, put in
there to refit, but failed immediately after, leaving
the Captain behind. The brig was fent after her.

Thurfday evening the wounded officers and men
of the Witicisoa CASTLE, of 98 guns, were convey-
ed in boats to the Jetty (lairs of the Royal Naval
Hofpital, and cart ied fr rn thence in hammocks flung
to the different wards prepared for lick and vrmnded
feamen, and Royal Marines, in that noble inflitution.

A letter from Weymouth lays, ‘, The ill-fated ship
Abergaysnny has not been weighed yet, as tome
prints have affirmed, but remains ashefore, her mails
appearing above the water : the people go daily to fee
the divers &fiend into her ; many articles are taking
on of her, bnt none of the fpecie as yet."
Sunday morning, as Mr. CAwirmoits, of Chifwell-
flreet, and another Gentleman, were in a pleafure
bear, on the river Lea, it was upfet, when they were
both unto ornately drowned.
The ttial of joiepi• 1110 y Allai, of Knardborough
and others, for a riot at that place, July 30, 1804
(the day fixed for the Eleaion) on the Profecution
of the ATTOINSY GENERAL, by order of the Ho-
nourable Honk of Commons, came on on Friday
morning at eight o'clock before Mr. Jußice CHAN aa
and a Special Jury at York. It lalted till half after
three on Saturday morning.—The Jury returned a
verdia of Guilty againli J. M. Allen, Richard
Lewes, and Thomas Abbott ; and acquitted Wil-
liam Afflict', William Hcnlock, and William White-
head. •

The prominent excellencies of the 4,40w/child of
Ireland appear to be a voice that conveys the richest
melody to the ear, yet capable, by its flexibility, of
all the inflexions required between the mild and vio-
lent pal:Gout ; a countenance, whole features are in
leek happy obedience to her mind, that no humour,
or fentiment that the conceives, efcapes from the
tongue without its jun accompaniment ; agility and
grace of perfon, and a judgment that appears ma-
tured by accident rather than refleelion, and feems
to be what is vulgarly called a gift more than an ac-
quilition ; for how can it be fuppofed, that an infant,
entering into her feveuth year, is capable of repre-
renting an extenfive and important range of charac-
ters, both in Comedy, Farce, and Tragedy, who on•
ly pofifTes the ordinary portion of intellect allotted
to the infant age of esdience ?—Birmingham is first
to while& the performances of the Young Pheno

• INTELLNEWCE. •

COURT:OF CHANCERY. AUGUST 2

THOINTROI AND FORMAN V. BUNN.
Mr. Piony, on the part of the. Plaintiffs, moved,
that a receiver (honld be appointed to receive the W-
ines and profits of the trade carried on by the Defen-
dant, and that the fever,al ")ales'of premifes, and the
books and papers, now in the poffeffi )n of the De-
fendant, Ihould be depofited in the office 'f the Mat-
ter, fo as to allow the Plaintiffs to have accefs to
them. The Learned Gentleman then Rated, as the
Prounds of this motion, from the affidavits of the
laintiffs, that a partnerfhip had formerly fubfifted in
the iron bufinefs between them and the Defendant,
and that they had paid a contiderable fum of money
into it, with part of which, valuable leafehold inte-
Teas had been purchafed, on Coxe's wharf, and cite-
where. The bufinefs was, for Come time, carried on
by the Defendant, in the name of Foreman and Bunn,
not the
‘Mr. Foreman who was in reality a part-
ner, but a relation of his, who had, in fa& no in-
retell in the concern, and allowed his name to he
made tile of only to oblige the Plaintiffs, who did
not with to appear as partners in the !haute. At firft
it was agreed, that the partnetfhip fhould continue
for (even years, but the Defendant afterwards refuf•.
ed there articles, and a partnerfhip was entered into
without the time of its duration being fpecified.—
This continued for tome time, all parties having a
great confidence in each other, and the Defendant
contrived to get the leafes of the premifes into his
;sided-pm; flintily after which a difpnte arofe among
them, the confequence of which wat, that the De-
fen.lant figcified his intention of diffolving the part-
net Chip, and immediately took down the name of
Foreman from the premifes at Coxe's Wharf, and
feid he carried on the bufinefs on his own account,
though it was with the partnerfhip property, and re-
futed to give up the leafes which he had got into his
polfeffion, or to allow the Plaintiffs to have accefs to
the books or premifes, In as to enquire into the Rate
of the property, but laid he was about to take an
account of the Rock on hands, which he would fend
them a copy of when perfected. The affidavits far-
ther Rated, that the intereft of the Plaintiffs in the
partnerthip property was confiderably greater than
the interett of the Defendant, who was the working
partner, and had only a fourth of the profits. Mr.
Pignt made feveral obfervations on the different
points in the affidavits as he Rated them, and con-
cluded by laying, that if ever there was a cafe in
which a Court of Equity would interfere, in a part-
nerthip account, it was the prefent ; he therefore
hoped his Lordlhip would be pleated to make the
order required.
Mr. ROMILLr for the Defendant Rated, that it ap-
peared by the affidavit filed by his client, that he had
paid in calls into the concern 73m1. as his fourth
(hare. The (hares of the Plaintiffs, being the re-
maining 3 aths, had been made up f Rock in trade,
of the very premifes now reprefented as being she ex
clufive property of the Plaintiffs, and of the good.
will of the bufinefs carried on there. Thefe, toge-
ther, amounted to pool. more than the Plaintiffs'
3 4ths of the concern, and the difference was repaid
them out of the Defendant's nod. Almoft from
the very beginning of the connection, difputes as to
the articles of co-partnerfhip arofe. The conveyan-
ces to the leafehold premifes where the bufinefs was
carried on, were not made out till after the com-
mencement.of the copartnery, and the moment the
Defendant fonnd that they were made out in the
names of the Plaintiffs alone, he remonftratedagainft
it, and was given to underftand that it would be
remedied, being intended only as temporary. Hav-
ing, however, finally differed as to the articles of
partnerthip, the co-partnery was dilfolved on the
I ft of July lafl. It was then fettled, that the Plain-
tiffs fhould take the Stock in London, and the De-
fendant that at Coxe's Lock, on valuations, and the
Defendant had manufactured, and converted to his
individual ufe. no part of the co-partnery concern,
except that which he had to flipulated fhould be-
'
long to himfelf, as part of the flock at Coxe's Lock,
which was more than compenfated by a debt of
84001. due to him by the concern. Infpation of
the books the Defendant had refuted, being appre-
her:five left the Plaintiffs fhould have carried them off.
He had offered, however, to furnith the Plaintiffs
with copies of them. The flock of the co-partnery
to.), he apprehended, he was entitled to, retain till
the affairs Ihould be wound up, he alone being re-'
fponlible for the debts of the concern. The perfon
whole name appeared on the film along with Lim,
Edward William Foreman, was in fag no partner in
the concern, and the two Plaintiffs were merely dor-
mant partners. The Defendant, however, was ready
to become Receiver under the Matter, and to find
fecurity. The premifes he had all along been willing
fh iuld be difpofed of by public auflion.
The LORD CHANCELLOR recommended to the par.
ties, to make their own breath the Court,of Equity
to which they ought to retort. During his predict,
both on the Bench and at the Bar, he had known
much evil, and little real advantage, refult to part-
ners coming to that Court forredrefs. If called on
to give judgment in the cafe, he mull feel inclined to
give facilities, rather to the perfon oltentibly bound
for the concern, than to thole who, though with
greater Mares in it, had chains to keep out of view.
The premifes he fhould be inclined to confider as part
of the co-partnery Rock, particularly as it was im-
potlible to contraditlinguith between the leate, which
was daily lofing. value, and the goodwill, which it
was poflible to conceive, was increafing in a ten-fold
ratio. To avoid all queflions of the kind, however,
be fhould poßpone the determination of the matter
till Monday next. He hoped by that day the parties
would have come to art underilanding among them-
fdves. If they had not, he Ihould then feel it his
dory to do what his office required. He knew that
that day twelvemonths, he would feel tatisfattion in
thiuting that he haddone fo relueantly ; and, he was
certain, both partkisionld then fincerely regret they
had not followed hisakvice. •
auatteT 3.—WPIITit,OCIC O. lITDENHANI AND OTHERS.
This cafe, which we fo fully,reported on Saturday,
again occupied the afteritirsis'of the Court.
Mr. Pcnwriem addrelfed his Lordatip at confidera-
ble length, and with great earneßnefs, in order to
(hew that the breach of truft, on the part of Syden-
ham's father, t awards the father of the Plaintiff, gave
the Court jurifdiflion over the trantaftion, and ena
bled his Lordfhip to make fuch a decree as the jultice
,f the cafe demanded upon the recta Bill, framed

as it was. He concluded, by exprerfing Ins ecntl-
deuce that the difpofition. of his Lordfhip would in-
cline him to relieve an oppreffed and injured orphan,
who, but for his I,,,rdthip's goodnet in Aligning
him Counfel, would have been without the means of
afferting his rights.
Mr. Ric HARM replied generally to theargnments of
Mr. A ttnrney General, Mr. Romilly, and Mr. Plnwden.
The LORD CHANCFLLOR oblerved, that, before he
pronounced any decifion in this cafe, he fhould read
over the whole of the Bill, in order that he might
become correftly acquainted with its contents. He
fhould confider how he would have decided it, had it
come before him in the year 1783, when the Plain-
tiff's father was of age, and fhould alfo fatisfy himfelf
how every Chancellor, before and fince that period,
would have decided it. He had no doubt but that a
Bill might be framed which would call upon the De-
fendants to anfwer.. His apprehenflon was, that the
Bill as now brought forward, was not one on which
relief could be given. If, .upon recnlleflion, he found
reafon to alter his opinion, it would give him no un-
ealinefs to acknowledge his error. At prefent, he
thought the demurrer ought to be,Allowed ; but he
lhoold deliver his judgment on Monday, and (late
the principles upon which it was founded.

AUGUST 5. —WHITLOCK V. FASTCOURT AND OTHERS.
The LORD CHANCELLOR this day delivered his opt.
nion at great length in this cafe, and after going
through the Bill, paragraph by paragraph, fhewed
that it was not laid in fuch a manner as to warrant
the Court in calling on the Defendants to arrt'wer.
The entail was, throughout theist/hole Bill, Rated to
be a fubfilling deed, Rill Yelling the right to the eßates
in qtretlion in the Plaintiff. If fo, all the deeds raid
to Rand in the perfons of the Defendants were nulli.
ties; and the Plaintiff, if he could pro:.uce the deed
of entail, had only to proceed at common law by
ejeament. If, however, the deed was not ss ithin his
reach, and it was neceffary for the Plaintiff to apply
to a Court of Equity, it was, in that event, incumbent
on him, in claiming a difclofure•againa the Dtfen-
dants, to alledge that the deed was in their cuflody.
This, fin beginning to end of the Bill, he had not
done. And although his Lordthip felt equal anxiety
to afford relief to a perfon fuing in firma paupris, as
to any other, he could not extend to the Plaintiff
filch relief as was not confiflent with the praElice,
and, of courfe, the law of that Court.—The Plaintiff
WAS accordingly difmifled.