Star.
London, England, 1805-08-02 00:00:00

RXTRACT OF ♦ LITTER FROM ♦N OFFICAR ON BOARD

THE WINDSOR CASTLE.
" Plymouth, July 30, dos.
'4 We received the fire of (even (hips before we came
up with our opponent, then engaged two Ftench and
two Spanifh (hips of the line for two hours and
a half, betides a frigate and a brig. We drove
the two Frenchmen out of their line. One of the
Spaniards dropped aflern, the other (hock her co-
lours to ns, and was taken poffeffion of by the !hips
gftern. We being the weathermorl fhip, fuffered
Very much in our rigging and mafis—we think our-
felves very fortunate in having only t t killed, and 45
wounded, haring fo many (hips upon us. Two more
French line of battle (hips coming up on our quar-
ter tb rake us. The Prince of Wales toeing fo many
on us, made fail up, engaging two of them, took the
fire of them from us, and prevented them from rak-
ing us. The confequence would have etherwife been
very ferions. We either Should have been funk, or
moll of us killed. The Captain of the Egyptienne
had his boat lowered down with a rope, ready to tow
us fatther from them, as he faw five more line of bat-
tle (hips coming down. What pleafure do I feel in
telling you that there is not a braver (hip's company
in his Maje Sty's fervice. I will only give you one in-
glance of a feaman who was wounded—his right
thigh (hot off—and who, I fear, will lore the other.
As foon as he heard that the Spaniard had Struck to
us, he was then coffering amputation, he took off his
hat, and gave three elects, and exclaimed, " I Shall
die happy." I am happy to fay the brave fellow is
yet living, and have fome hope that his remaining
leg will be raved. I have the pleafure to fay our
prizes are in company. We are the only fhip dif-
abled. The reSt are gone in purfuit of the French
and Spanifh fleets. We mutt have killed a great
many of the enemy, if I may judge by the Slate of
one of the (hips that Struck to us. She had t5O kil-
led and iso wounded—of the latter, nine have Since
died of their wounds. I mean the St. Raphael, of
So guns. She had goo men when (he firil came into
anion. I make no doubt but that the French !hips
which Sheered off from us had a great many killed.
It is not known how many men are killed on board
the Firm. The (hips which we engaged ire the St.
Raphael 80, Firm 74, Plato 7+, Neptune 98, a fri-

. , . • 5-! ;,. .; "
gate and a brig. You will be furprifed to think how
we could have flood fo many of them. Only the
van of our fleet came into -alion. The fog prevent-
ed the relt from coming up with the enemy. I do
not believe that a fltot was fired in vain out of this
(hip. The French tired very high with intent to cut
up our rigging. I.muft conclude, as I intend to fend
-my letters on thore the inflant the anchor is gone."
MINUTES OE THE ACTION BETWEEN THE COMBINED
FLEET OF FRANCE AND SPAIN, AND THE EROTISM.,
SQZIADE.OII, UNDER THE COMMAND OF TICE ADMIRAL
SIR ROBERT CALDER.

His Ms.;Aty's Blip Windfor Cattle, Tat. 44 deg. ten minutes.
long. t i. deg. as minutes—Cape Fulifterre S. E. Hz mile%
• One hundred leagues N.E. of Obtain.
P. M.—Moderate breezes, and thick foggy weather. At two
o'clock, Admiral Caller made the fignal for an enemy being in
. fight, and to prepare for battle; at three ditto, beet the Roe of
battle in open order; 4S !oblates after four...the van OnN having
tacked ; fignal made to engage the enemy's eentre in dole order;
SS after four, the cannonading commenced by 'flips a-bead; the
fog being fo thick, could not decover what Mips were engaged;
to minutes paft five—being on the larboard tack, obferved the
Barfieur on the ftarboard tack; tacked (hip. on her wake; the
having cleared away a little, difeovered two/reach line of battle
lip,, a frigate, and a brig oppoled to us, when ate opened our
fire, with an alined incdfaut cannonading; at 43 minutes after
fix, a Spanifh thip of the line drbpped down to fupport the above
Mips; after hauling their fore and malls halyards on board, made
[into windward from us, at the fame time kept up a heavy fire;
two other (hips of their line took their ftatiaos ; the Prince of
Wale,' coming up, partially engaging two Mips of the fine, their
feretr.ort fire being diredted at us, and their aftermoft at the Prints
of Wales. At (even, our fore.top-tnaft and main top-gallant-malt
Blot away. .At 43 minutes alter (even, obferved the Ihit "pored
to as, before the beam, with her main and wizen tuft gone, which
(hip itruck her colours and dropped alters ; fent a boat with Lieu.
tenant Mohnen:, to take poffeffioc, who was prevented by the
heavy fire from the Prince of Wales, not obfcrving the had !truck.
her colours to us. The fog again coming on, the boat returned
on board. The headrooft of the two Blips, whole fire was divided
between us and the Prince of Wales, appeared to betnuch difableda
bore up and dropped down upon our line, under a very heavy fire
from lb vs after°, her lower malts then ftandirg. About 3o minutes
after eight the enemy ceded fling at us, but continued engaging
slam till three cuarters pall eight, when they made fail to wind-
ward. Our difabled fituation, the handing and running rigging
Mot away ; our malts and yards Snuck wounded, rendered it int-
praCticable to purfue them ; at eleven, the Dragon informed us
the was ordered to remain Inp, and affift us, if neeeffary, td take
us in tow. A. M. Moderate and fine; at go minutes paft four,
obferved the Malta man of war, Sirius and Egyptienne frigates,
coming up from the leeward, with two of the enemy's line of bat-
tle [hips in tow; the remainder of the enemy's Ups, 3o in num-
ber, being hull down to windward. Britt* fquadron, confining
of 53 (hips of the line, two 6g gin (hips, and two friptes, a lug-
ger and cutter Enemy's fleet, confining of as (hips of the line.
lix frigates, and two brigs, one 'tore Ship, and a captured Englills
South Seaman, under a heavy pads of WI, to windward.

A copy of a letter fAid to have been written to
the refpedive Captains in Lord Netson's fleet, ort
their arrival in the Weft Indies, was yellerday hand..
ed about in the city, in the following laconic ftyle :
—" Break the French line as Coon as pollible ;
never—never—never."

Seven French prifonen efcaped from the Stash
prifon (hip at Portfmouth, on Tuefday night, and
cunuingly concealed themfelves during the day, with
intent to make their efcape in a boat in the night, but
by the activity of the officers of the Sultan, their fe-
cret retreat was difcovered.

Yeflerday morning feveral regiments of Volun-
teers had a grand (ham fight, Under the orders of the
Earl of HARRINGTON. The aft Battalion of Surrey
Volunteers, the Lambeth, Streatham, Camberwell,
and the Dulwich Volunteers, formed the enemy to be
attacked, under the command of the Earl of BAN.
suer, and took their pofition as follows :
The main body at Dulwich.
Soo Men detached on the croft road oh Denmark HILL
too Men at the Green Man.
So Men on the Green in Half-moon-lane.
go Men on the more find, at the Half-moan public &sure.
The attacking party altembled at Montpelier Gar-
dens, under the command of General WHITMAN •-••••
they confilled of the London Light Hot fe, the Royal
Artillery, and the Clerkensvell Volunteers. Each
party had field pieces, the Royal Artillery having
fonr attached to their corps, lent the detachment un-
der the Earl of BANBURY two of them. The detach-
ment on Denmark Hill was attacked by the main bo-
dy of General WHITMAN'S Corps, whilft his cavalry,
with one gun, and a corps of (harp Ihooters, made a
&took by Grove-lane, Dog-kennel-lane, Lnrdlhip.
lane, and by the Green Man, to cut off the retreat of
Lord BAN atrar's party at Denmark Hill, and after-
wards his main body at Dulwich Common. The
detachment on Denmark Hill was forced to retire
by the Corps which threatened its right, and the
heavy cannonading of General Wu trKAPI'S guns in
front. They retired by the right to a second poll-
tion on Denmark Hill, in front of a row of houfes.—
Here they were only able to make a Ikon gland, be.
ing annoyed by General WHITMAN'S Cavalry and
Shalt) Shooters, who were originally detached from
Camberwell, up Grove-lane, to attack the enemy's
right, whila the right and centre columns took the
great road over Champion Hill to threaten their left.
Lord Bamatrey's picquet was now forced down
Green-lane towards Dulwich. The attacking party
having thus drove their adverfary from their wrong
holds, they took refuge in the village of Dulwich,
and for a long time kept poffefflon, but were at last
attacked in two quarters, and fearing they should
be flanked by the detachment of horfe and the gun
that had gone round by Green-lane, they quitted the
town, formed on the Heath in a line, and tent out a
fieldpiece, with a flrong picquet and fkirmilhes, to
annoy the enemy in forming, on leaving the town
of Dulwich, which they now poireffed. Lord BAN-
Boer's picket, field-piece, and fkirmifbers, having
been drove in by the out detachments of the enemy,
their hurts fcoured the front, and thereby safely
brought in a field-piece to annoy, whilft the troops
under General WH !THAN advanced in two columns,
and formed a line oppofite to that of their enemy's.
A general engagement now took place, and for near-
ly an huur the Corps were expofed to each other's
fire at a very fhort diaance : they did not fire either
by companies or battalions, but every man as fait as
he could load his piece. The party which had hi-
therto been attacking and advancing at IA gave
way, and retired, when the others were declared
victors. The whole of the Corps then puffed the Earl
of Hartarmorow in open column, and fainted, after
which they took a repaft on the ground, each regi-
ment having provided for themfelves.
At the entrance of the Common a large marquee
was pitched, in which the Earl and Countefs of Ham-
RINGTON, Lady ANNS MARIA STANHOPE, Lord
BASSI/SY, Gen. WHITMAN, Col. Jammu sou, Col.
Goarporr, and feveral other perfons of dittinaion,
partook of a cold collation. Great numbers of fpec-,
Caters were prefent.

Lifllr INTELLIGENCE.

COURT OF CHANCERY, AUGUST s.
PETITION OF J(IHN KING.

The LORD CHANCELLOR." The circumflances
conneard .%ith the certificate of this bankrupt, are,
in fume particulars, perfe&ly new. In tBO2, a MA.
minion And against John King, and he fbbfequent-
ly liated that he bad duly attended his examinations,
and fur tendeted the -whole of his property. While
this petitioner was before the Court, on the applicaf
cation for his certificate on thefe grounds (and
others required by the ads with regard to the eonfent
of the proportion in number and value of the credi.
tors), Meas. Gordon, Stirling, and Co. and Meas.
Pollard and Ofborne, applied that the certificate
fhould be flayed until they had either proved their
c:ebts, or made their eleaion if they would or would
nut fo prove. Doting thefe proceedings, it occurred
to me, to lobk into the certificate hien; which was
accompanied with the affidavit of a young perfon of
the DM! of Laurens ; and the /flak of the infpee-
tion was the difcovery that the eertifirate had been pre-
pared before the Cammipti war taken out. The figna-
tures themfelves confirmed my riling furpicions, for
they were written over erafures, and I found the cer•
tificate was accommodated in the firs inftanee to a
joint commifflon, although the commiflion itfelf was
only againft this individual, John King. Hence nu-
merous other erafures became necelTary to the pro-
jea, and they are evident on the face of the inaru
ment. Then it appeared, that the young man to
whom I alluded was initruaed by John King, at
that time in prifon, to go round to feveral perfons to
require them to retrace the names on the certificate
with a dry pen, and thefe are the fignatures which
are to fanaion this document. But what was the
ropers of the accounts ? The bankrupt was to
el:laver up fecurities and aids to the amount of
too,oool. when the debts were only Rated at loop!,
leaving a balance of upwards of 90,0001. ; fo that
vie are at firft furprifed how any bankruptcy could
have taken piece. What is the `vault I Of this
t oo,ocol. not toool. has been produced in effects, and
no part even of this rum has devolved into the bands of
the general creditors, under the commillion .-the
whole was applied to expenses attending the 'bank.
tuptey. The petition is of great importance, and
calls upon me to do fome aft to enforce the Commif-
ficiners to certify, that the natutes have been complied
with, prefatory to' the application of the Great Seal
to the certificate. On this two queftions arab :
If I am armed with any power to Jo this i~ adly.
If, not having thi'Power, I may do it by hint or in-
timation, or to any other way ? The Commillioners
are bound by a folemn oath in thefe terms I do
(wear, that I will faithfully, impartially, and honeff-
ly, according to my (kill and knowledge, execute the
feveral powers anti truffs, as Cornmiffioney of Bank.
rapt againa —, and that without favour, affec-
tion, prejudice, or malice.' Can I iffue from this
Court a mandat to contronl the confeiencet, of per-
Cons under this facred obligation ? If this authority
could be any where exerted, it would hem to be
more properly repofed in the Court of King's Bench;
mod if the Commiffioners, to a mandamus emanat-
ing from thence, thould return their oath, and that
they *had religioully regarded it, how that high
Court would difpofe of the mandamus, it is not for me
to determine. The troll in the Commillioners is ab-
folute; to their difcretion the whole is refigned ; and
fome paufe, fome examination is required, when we
confider the humanity of the 'creditors ; for there is
no Aronger proof of the good nature and humanity
of the Britilh charader, than the promptitude with
which they fign the certificates of bankrupts. What
are the reafons aligned by the Commiffioners for
their conduit ? (and one of the bell fecurities ajar.
tice is the publicity given to all our proceedings.).--
They Cay, that the bankrupt declared, unlefs his cer-
tificate were allowed, he would fuperfede the Corn-
million. They add, that they required the bank-
rupt tc explain what he intended to imply by this
avowal, and that they received no Catisfa&ory an-
t-wer to convince them that it wags Lonafide Commif-
lion. I can give no direaion to the Commifhioners,
according to the prayer of this petition ; I can only
!mix they will ad agreeably with the diaates of
their confciences, and continently with the language
of the oath, without favour, affection, prejudice, or
malice." (His Lordfliip, in the courfe of his °bier-
vations, took an enlarged view of the bankrupt laws,
of the exoneration of. the individual by the certifi-
cate, and of the difcretion to be exercifed by the
Keeper of the Great Seal in its applicatioo.) The
Chancellor concluded with adverting to the expeaa-
tions of the petitioner on the death of Lord.Belvidere,
in right of his wife, Lady Lanefborough, and on the
Qoncealment Itated by the Commiflioners, in Yelped
to that property.—The petition was difmiffed.

}MILLIE V. BAILLIE.
In this caufe the LORD CHANI:ELLOR pronou4ge4
on the interlocutory application (we noticed in our
report of yeacrday) for the payment of 81161 i
17s. into Court.. He Paid, that the admilEon in the
4th and sth anfwers of George Baillie was not fuill-
ciently precife and unequivocal to jai& the Court in
ordering that Defendant to pay the amount. With
regard to the other Defendant, Archibald Alves,
the determination w•as.poflponed until to-morrow.

. _
ADAIR 'V. THE NEW RIVER COMPANY.
The LORD CH ANceLLog pronounced judgment in
Ibis cattle to the following effea--,‘ This is a bill
by Mr. Adair, whosflateshimfelf to be entitled to an
annuity of 5001. which was fecured as early as the
reign of Charles 1. under a grant by that King, of a
moiety of the profits of-the New River Waterworks.
The title to this annuity is deduced by allignment to
the prefent Plaintiff. The fubßance of the bill is
this: that he being entitled to fuck annuity, has been
required to pay 0. in the'pound as land tax, in, re.
fpe& of that annuity. The mode of receiving it is
this:. The :Inv River ComPany have paid him scol.
deduling 4s. in the pcund; the Company being of
feffable for the land tax. The affeiftnent ageing the
Company has proceeded on the cltimate of a profit of
18,0001. per annum. He has.cornpelled, the Com-
pany to acknowledge that their prOfits exceed
I R,oool. annually ; but he has not gone on to Mk how
much the gains furpafs that amount. The Court
could have albertained.this on a proper application,
by dittOing a reference to the Moller, but.there ex-
bled reafons for avoiding this enquiry *auk,
whatever the profits might he, they would bo if.
liable to the extent of one-fifth, or 0. in the pound;

and, if after this difeovery, the CoMmiftioners of the '
Land Tar performed their duty, there could be no
jolt ground of complaint. Thus, were the gains
difcovered to be po,oool. the furn of to,oool. would
be the affelfment. The Plaintiff, lays, Ido not
pay one Ming more than •I ought, but you paying
fo mach lefs than you ought, 1 have recourfe to a
Court of Equity to enable me to conflia with you,
that I as well as you may pay lets than I ought to
do.' In order to lay the ground for this proceeding,
the Plaintiff Rates, that the Company are entitled to
receive the whole of the profits; and, in conliquence
of the expences one of our Kings had incurred
in the profecution of the works, the conceffion of one
moiety of the emolument was made to the Sovereign.
In this fituation of things, I have no doubt on my
mind, if it were thought expedient, the King could,
by procefs in a Court of Equity of Revenue, have
compelled the produaion of an account, which
would Rate all the advantages in the courfe of the
management of the concern. Pofterior to that grant
to the Crown, his Majefly difpofes of his moiety to
Sir Hugh Middleton, and to his heirs for ever. The
whole feems to be a mutual agreement. By virtue
of the Royal prerogative, the Prince was to fuftain
their interefts, and under the fame authority the
right to the moiety was to be fupported. Afterwards
the proportion fo devolving to Sir Hugh was aliena-
ted to an infinite number of proprietors; fo that the
number of claimants could not with any precifion be
afcertained in the Mailer's office, even by the Com-
pany. On this cireumftance it is argued, that the
Plaintiff cannot fue in equity, becaufe he cannot
bring before the Court all the proprietors under the
Royal grant, as well as the Company. No doubt,
generally fpeaking, this is confiftent with the rule
of the Court; but it may lately be doubted, if you
can &etch this rule to an extent which will utterly
deftroy the objea for which it,was created. Here
the King's fkare has been fplit into fuch a number of
ownerffiips, that it would be impoffible to bring be-
fore the Court all the parties interelled, and it feems
Ito me fufficient, if the Plaintiff introduce as many
of them as by due diligence he can collect. We are
not divefted of precedents applicable to this Cubic&
Where a-party have a right to demand fervices from
numerous individuals, as in the inilance of a mill,
when the perfons confuming corn within a certain
diftria are to grind at that iltufture, it is not in this
cafe required, that the complainant thould bring each
individual into Court, liable to confume corn, within
the limit prelcribed. This the Court has confidered
impratlicable ; all that it requires is, that to many
fhould be :made parties, as may be competent to
try the legal cineftion, both trick regard to their own
right, and that of others. When the privilege at
law is ellablifbed, the courfe is eafy ; the Plaintiff
has only to expofe to obfervation his legal right, and
the redrefs fought is immediately conceded. Al
though this objeaion is removed, I am fo gravelled
with another difficulty, that I do not fee how it is
poffible for the Court to interpofe, and the obilruc-
tion is increafed by the purchafe many of the inter•
cited parties have made of their Land Tax ; yet, if
the Company were hereafter to be afraid to the full
amount of the proms, the members would have no
ground of complaint, becaufe certain of their num-
ber had been permitted to redeem the tax. But this
is not a cafe in which the Plaintiff jays, Let me be
affeffed to the land-tax by loch a pound-rate as may
be impofed on me, in refpetft to my intereft ;' but he
lays, the Company is not fufficiently taxed, and I
leek to be in the fame degree exonerated.' Yet there
is an exprefs claufe in the Adt, that the profits of the
Company (ball contribute four (billings in the pound,
and this pool. is parcel of thefe profits. Then it
comes to this: Is Mr. Adair Mating that he has
paid no more upon his annuity than is legally due) to
expea that this Court is to give him a decree, to di-
mini& the burthen it is his duty to fuflain ? It ap-
pears to me that the Plaintiff has not this equity in
his favour, and that I cannot diced, that Mr. Adair
fhould participate in the gains of thole who have
contrived to pay much lets than by law they ought
to have done."—Petition difmiffed.

COURT OF KING'S BENCH, JULY 23.

JOHN NMI /SQL AND OTHERS V. WILLIASS HUSBARD,

The Plaintiffs are allignees to the cane of Caftell,
Powell, and Co. the Defendant is a merchant. This
was an anion cf trover, to recover five feveral Bank
of England notes, procured from the faid banks upts
and convetted by the Defendant to his own ufe. The
amount of the notes was 8751. out of which the De-
fendant had paid a5Ol. towards releafing Merits. Cal-
len, Powell, and Co. from an extent iffued again(!
them.

Mr. ERSKINE, for the Plaintiffs, °braved, that no
poflible queftion could arife on the prefent cafe, but
the important one, whether the Gentlemen for whom
the Plaintiffs aged as affignees, had or had not com-
mitted an ad of bankruptcy ? It wes the more ne-
ceffary he fhould explain fome parrieularsionneded
with this fubjea, becaufe two decifions had been had
in the Exchequer, adverfe to this bankruptcy. It was
well known to every individual on the Jury, that
Meffrs. Cafiell and Powell were eminent bankers in
this city. In confequence of the improvidence of one
of the partners, and of the loffes the houfe had fuf-
tained, their affairs became embarraffed,and a fcheme
was formed to remove Caflell from the concern.—
'Phis gentleman was at that time debtor to his part-
ner, Mr. Powell, upon bond, upwards of e 0,0001.—
,In this fituation of their concerns, Mr. Powell con•
fulled with Mr. Bebh, and with the Defendant, on the
means of redeeming the houfe. Mr. Bebb had !pent
much ofhis time in India, and was a gentleman of
conftderable fortune. On the inveftigation of the ac-
counts at fiat, there appeared a balance againft them
of 60,00c1. but, on a more correct view, it was difco-
vered to amount to no left a (urn than 92,0001. Mr.
Calla was a ftranger to the interviewsfor the purpofe
of this examination,and beingo( a nervous habit, and
advanced in years, they did not think it right to
awaken hie apprehFnfions until the fate of the firm
was ultimately decided. Whatever aft of bankrupt-
cy, therefore, Mr. Caftell committed, was not in con-
fequence of any previous concert, but was the refult
of his own fears, uninfluenced by the exterior caufes
•connefted with the confultations held, to which the
learned Counfel had jud alluded. On the alt of bank-
ruptcy committed by Mr. Powell, not the (Malted
doubt was entertained ; the teftitripny, therefore,
would be principally directed to the aft of Mr. Canal.
The Defendant had procured the bank-notes referred

to, on the day previou. to the Roppage of the lionfe,
with a perfed knowledge of all the particulars of the
impending bankruptcy, and it would be for the Jury
to determine, if in this predicament this action of tro•
ver could or could not be maintained.
John Serle was a confidential clerk at the banking-
houfe, and depofed to the concealment of-Mr. Callen
in an upper apartment, in Lombard.fireet, on the
day when payments were fufpended. This account
was confirmed by Abigail Pinder, the boufekeeper.
But the proof was incomplete until
James Kelly appeared.—" I refute (laid he) to
take the oath until my bill is paid." •
Mr. GAR ROST." What is the amount of your
claim ?"—R. " My dernand is 861. Bs. 5d."
Mr. GARROW..—" You mull be (worn. although,
you do not open your mouth." (The oath was then.
adminifiered.)
Q. " Will you takr6ol. for your debt ?"—A. " No,
I will have the whole."
The SOLICITOR.GENERAL.-.." He mull not only-
have the whole amount, but he mull give a releafe,
to the Plaintiffs before he can be a competent witnefs."
A cheque on a hanker was then handed to the
witnefs for 861. Bs. sd. but he would not utter a fyi.
fable, until he was atfured by the Gentlemen at the
Bar, that the draft should be paid. Tlle releafe was
then given, and his evidence was decifive. Be fully
proved, that Mr. Well had ordered himfelf to be
denied to his brewer, who had a claim of tool. and
upwards, and who applied for the difchatge of bis
bill prior to the firiking of the docket,
Mr. Grey, the principal Clerk of Me as. Cana,
Powell, and Co. proved the delivery of the notes con-
fiituting the fum of 8751. to the Defendant.
The SOLICITOR-GENERAL (aid, that the day on
which thefe notes were received, WO prior to the
Qoppage of payment, and that, as no all of bank.
ruptcy was committed untl fubfequent to their deli-
very to the Defendant, they were the property of
Meas. Callen, Powell, and Co. and were not veiled
in their Affignees ; the !tonic had a right to alienate
them, and this aCtion of nova, brought by the
Plaintiff, could not be fufiained.
Lord ELLE miroitotro it, in fumming up the evidence,
remarked, that the true quetlion was, if by taking
the notes, at the time he did, the Defendant improved
his fituation by collation with the Bankrupts.—Ver
did for the Plaintiff, 6151. being the amount of the
Bank-notes, deduCting the fum advanced on the ex-
tent by the Defendant.

WILLIAM WEBS V. COUSINS AND oTHIRS.

This was a new trial before a Special Jury, on a
bond, to which non fli fafium, fraud, and covin, were
pleaded.
Mr. ERSKINE, for the Plaintiff, Rated what he had
obferved to the Jury on the former trial, with Tome
additional particulars as to the teftimony of two wit.
neffes, with which he was fupplied from materials fur.
nillted in the former carafe ; be would not, however,
anticipate the anfwer he had to make to there wit-
flair, left they should be at the prefent time 'fo
guarded in their tellimony as to defeat the jolt pre.
tenfions of his client.

Mr. GARROW, who led the defence at the former
trial, was now affified by the SOLICITOR Gassw,
who, by the arrangement agreed to be adopted be-
fore the witneffes on the part of the Plaintiff were
called, addreffed his Lordthip and the Jury on behalf
of the Defendants : and he Laid, that whatever am-
biguity the fubjea before admitted, no difficulty
could now arife. The Plaintiff bad received a gene
ral affignment of the property, of Havre and Suth
mier, in Auguß, 18oz. This was an aft of bank-
ruptcy, if there, at that time, cu lied a creditor to
an amount competent to become a petitioner on a
commiffion of bankruptcy. Mr. Minton, a butcher
at Battle-bridge, was a creditor at that time to the
extent of sod. which was double the amount necef-
fary to authorife the petition. The fads were (port-
ly thefe : Mr. Webb had lent to the horde of Court,
Havre, and Suthmier, to the amount of upwards of
to,oool. By an ufurious condition attached to the
loan, he had (welled the debt to the magnitude of
15 or t 6,0001. The expedient was, by the means
of a colourable commiffion on fugars purchafed for
the bankrupts, who were fugar•refiners, to extort an
exotbitant intered. Court withdrew from the part•
nerfhip, and vol. was advanced to him as the price
of his refignation. Of this fum, Minton advanced
sool. and this was the original of the debt on which
he afterwards became the petitioning creditor againß
Havre and Stalin-tier. The Plaintiff being well
advifed, found he could not fupport his claim of
6,0001., and, therefore, reduced the debt to t 1,67:1.
which was the reach of his demand, including the
lawful interell on his advances. Havre and Suth-
mier now continued etc frgar refining bufinefi,
having made the of iignmer.t referred to, and having
agreed to pay to the Plaintiff 14,c001. annually, by
quarterly inflalments. The two firft infialments
were punitually paid, but in the third they made de-
fault, and the Plaintiff being armed with the proper
powers to this purpofe, took poffeffion of all their el-
feas,and threatened them with immediate de %ration.
At that time the Defendants were creditors of Havre
and Suthmier, to the amount of aoool. and if the pro-
perty were thus (wept away by the Defendants, they
would not have received ts. for theia debt ; the De-
fendants therefore, on the pat tial information they re-
ceived, thought it prudent to take the effeas of Havre
and Suthmier,and to give to the Plaintiff in exchange
a bond for 00001. in the penalty of ifi,csool. The
(port ground of the defence was on the faits here Ra-
ted, that the afp. gnment to the Plaintiff by Havre and
Suthmier, was in the firft inflance an aft of bankrupt.
cy, that therefore all the effeas were the property of
the creditors of Havre and Suthmier, and that, there-
fore, he had nothing to alien to the Defendants to
compote the confideration for this bond. The whole
queßion turned upon the knowledge the Plaintiff had
of the debt of Minton ; and on this trial the follow-
ing faits appeared referable to this cognizance, which
were not adduced on the former occafion : 1. Suth-
mier depofcd to a converfation with the Plaintiff, in
which he explicitly infort*ed Mr. Webb of the debt
of Minton. z. In the books an entry of t 01. for the
interelt of this debt was produced, with a double tick,
or fymbol of examination by the Plaintiff. 3., An ac-
count was produced in the hand-writing of,the Plain-
tiff, in which this to!: fa paid for intereft- was Rated.
After his Lordfltip had furnmed•up the evidence,
at confiderable length, he Paid tli the whole (*it'll:in
depended upon the fait, whether the,Plaintiff was ace.
quainted with the debt of Minton, or of any others,
fufficient to contlit talc a petitioning creditor's debt,

prior to May tRo4; %then the Defendant,, ‘,,
T.
deration for their bond, accepted the Inpv.ad 41Ic:
ation of the effeEti of Havre and Sutlon;er?

The Foreman of the Jury, in delivesing the yrs
dia for the Defendants, made a remark or. tte pa.
per we have alluded to, in the hand-writing otsi„.
Plaintiff, .which had cfcaped the vigilance of th,
Learned Counfel. The debts of two persons, of the
names of Tuck and Pane, of which it had been
that the Plaintiff was ,WhollY ignorant, in this doru
anent, appeared to be recpgnized under his own Arg.t.

It is the object of moll men to acquire mane,,
.and the prudent part of mankind endeavour to
tsiio •it•bor Such means as are attended with the
fmallen rik The Scheme of the prefect Lottery
idfords.asiopportunity of this nature, foi befidec ri,e
ufual great and frpall.Prizes, a certain portion f the
Blanks are entitled to rol. each, a circa-11,11,e.
thighly advanvagyous to the adveuturer.

The beauty of the Circaffian women has been rFet
&sprite and admiration of all travelici s, and t:,„
have,been particular y praifed for the elroAnt f)n:rr.,;
try,and pearly whitener of their teeth. prefcn.
lag them in this beautiful and healthy Elate, rhtit
country formates a peculiar vegetable produ6lion,
little known in any other quarter of the world. v hicit
they asein the•hatrit•of conflantly ufing. it is !lis
produaion which the Proprietor was fo fortunate to
procure, hat forms the bath of Burt ER'S Rehla•
tive Tooth Powder. To this article it owes its fu
perior excellence and efficacy, over every other of
the kind, in. imparting a fweetnefs to the bnath, gis.
ing a delicate coral rednefs to the gums, aid remov.
log kiwi the teeth, swithont injury, all foul,,el; and
di(colomation, that tarni(hes the enamel. Ili% ra.
luablppreparation is frld at Mr. Ylv-rts a's, No, 4,
Cheapfide, corner of Paternoller-row ; and may he
had ofinoit 1300k:fellers and perfumers, inevery cone.
trylown, if boxes, at 2s. 9d. each.

/-:,CCI..E.SIASTICA.I. PROMO Wigis7"--
The Lord BiLhop of Bath and Wrlfs has collated the Rev. Warn
Squire Studlit, A. s,to the valuAk vicarage of Chard, in Su-
nazdetflairc. _ _

The Rev. Herbert Randolph, vicar of Chute, Wilts, is premed
to the cedar, of Lefton* &Set. Berks.

MARRIED.
Sunday, by Epecial*ence, at the IVlarqui, of Abereorn's kat,
the Priory, thc Earl of Aberdeen to Lady Catherine Hamilton, bit
Lordlbip's clack daughter.

DIED.

Oa the 2itlL it the Rookhar;Pinufe, Dedham, Eifel, in the
tI th year of her age, Mifs Charlotte Catherine Finale, (mad
daughter of Peter Firmin, Efq.
Monday, at his honk in Bolton-roar, in the yid year of Rs age,
the Right Hon. Walter, Lord AIL* of Forfar County.
On the 25th June, in the prime afire, of a decline, at Limns
Cambridgefhire, where Mc came for a chant of str, Mrs,
Ow, n wife of Edward Owcn, Eh". of St. John'. Calege, to the
Uni realty of Cambildre.

MGM WATER AT LONDON -BRIDGE TO NOV AOW .
Mo - . - 36 minutes alter 7
40tVIK4II

HAVING dedicated myfeif to the Rudy, and beta
gratified by the emit con2derablepradliee in that branch
low pow co wet*, i trait that I have not mare
=V MT time linnet thofe who. In the extiaifive Reid of the
_
, am oceaf.onaily inenierfoi in uncertainty, and cumin
always attain that Needs which is acquired by emeentrating the
latelledual power to one dais of disorders
The dif -a&s of DEBILITY are pectelhety diarrilisig for they
bring with tiSent a train of concomitant fympoms, and, ky a do.
. velum of all vital energy, alliance Iddf becomes embittered...
Whether they arik from the premier—a dill tsars*, tbedettrao.
live habits of fehoolrhoys, or the indulgences of mateuty, they re-
quire the molt affiluons proftffional MIN but by the ignorance
of uneducated BM, the fymptnms are tt ierated, sad the cm*
tattoo is Lonny's:s4
Asa ME 1.211411 E of the ROYAL COLLROEcf SURGEONS.
1 grcund my pretenfsoft en tegularity of educatiso; and policing
every privilege to 'maim. I feel myfelf entitled to that confeiha:ts
with which I haw !deficit° licei Gs liberally honoured.
In the fent recitations at kcal weaknefs, early application vtill
wool the calamity of a debilitated frame; but where the (of-
ferer, from a ormlcionlndi of the unreanlinefs of the vice which
denied his misfortune, la fearful of the contempt or annum of tit
family phyfielan and broods over his inlinnity with careful coo.
edelment, it min be fattsfadiory for him to he affured not clay of
capability of treatment, but alto of the molt inviolable feercey.
And in recent Yeamtal Complaints it Is parable to prevun
danger or diltrefs ; in the molt complicated cafes it is thl atone.
merit of exclufive experience In this line to died a fee, deeds.
and fpeedy goiiitabmene.
1 odor the ado:nit:Age of this experience to thole of either fez who
are sOidted with any hind of DEBILITY, of any Imposes at
INFECIION, and in ail cafes the terms of ramp
aeration are Stated on the Brit interview.

Patleetain the country are expeBnd to Indere* Beak mom aa4
ate re:lncited to !pacify their age and meaner o: Living.
IVIA2:1114 MU,
Member of the Royal College of Surgeons Is Loam
No so Arundel-treat. Strand, yea i•mole mar

To THOS. TAYLOR, IA. No. q, New BridgeArtet, Loodt,a
SIR—I confider it but an ati of justice due to the
merits of your LEAKE's PATENV PILLS, to commui•i-
cate to you the following Cure, which has recently been performed
by them :--An acquaintance of mine, who by the breaking ,nit
of an old Venereal Complaint (attended by a Complication of DA
orders arifing therefrom), was reduced aimed to a necletan, tad
the: gh he bad the brit medical advice which could be obtained,
and ti teal a variety of patent medicines, nothing could be procured
which feenretto fuislus cafe, or to do him any fervice ; he remain-
ed in a Atoll reduced and pitiable Situation for two years. unable to
follow his profelEun, and fcarcely able to walk or even to !land oa
his legs; in fad, no one who knew him ever fuppofed it rffible
for him to recover. He was 2dt/ire:if at lilt to try your I.EAKE's
Pll.l.s—be did fu, ftrielly adhering to the direCtious given
them—lie hail not taken more than two boxes. before be Snood ao
altetation fur the better : thia encourated him to proceed. an !
titling a few boxes more lie found hi. appetbe and strength brat:•
ally return, and is now as healthy and as flout as any ma..
homy. You are welcome, Sir, to refer any perfun to me fur a
coarmation of the above account if it fliould be doubted.
I aers, Sir, your ebedient humble fervent,
I.ibrary, Fulitlione, July so, 580 s. T HO. PURDY.
Prepared and fold by the foie Proprietor
THOL TAYLOR, Metaber of the Royal Collett,: of Surgeons, Leo
dote, at hie bottle, No. 9, New Bridge, Street;
Where, after a condant refidence of more than ao years.
practice particularly direCted to the cure of Ventral coutpl.
and thole incidental to the parts of generation in both f4,4a,
that inviolable Secrecy which men of his prof, !lion Ciould
obferve, be flatters himfelf Coe advice and aflift Mier he gratuito;Ls
admioilters to perfuns taking this medicine, will be eacemol, ly
a difcerning public, as an advantage Seldom to be obtained, a'n
void of ambiguity.
Ally fold, by his appointment, for the convenience of there r,
ing at a dilLance, at the Perfumer's, No. 35, St. AlSaii's firot.P.4l
Mall; the Toyihop, t 3, Oxford-ftreet ; Mr. Ditborotigb, 7, fel
Itreet-itill; Mr. Baxter's. South- bridge, Edinburgh ; Mr krila-
nald's, Glafgow ; Dublin ; Mr.Billii.ge's,
Mr. Atkinton's, Manclietter, and by sae perron in every coofi
detaWe town in Great Britain aid Ireland, in boxes of umly as 9.1
each, fea)cd up with full and plain din dims, whereby panes 0.
either fen may cure thenifelves with eale,.fpied, Secrecy, and Carr:.
N.B. Every Box (oldie' Great Britain is Crated ty with a iteu,?
on which, by favour of the Conimillltmers, is printed at the bra--
Office—.T. Tayler, No. 9, l'iloaralisidge Street.—to imitate nt;o11+
,felquhaprj all others are eauoterfeit.

LONDON : Printed and .1411601 by LEVEL KF74IT (5
terhuty-pbce Lambeth), at the S 1 az °Fr.(' k, Ns. !,9
Amt. Y1114;60111(9 at the Sum Ott ics, 6:2 004W'