Star.
London, England, 1802-02-27 00:00:00

HIGHLAND SOCIETY.

The following is the fubßance of the principal
refolutions of the Highland Society (propofed by
the Duke of Arum.) at their laa meeting refpec-
ting the concha& of the 42d Regiment in Egypt :

x. That the ,ad, or Royal Highland Regiment, had by their
heroic condudt in Egypt on the memorable 2 iR of March, 18:.1,
nobly maintained the hereditary glory of the Caledonian tame;
and that, as an honorary teftimony of the applaufe and admi-
ration of the Society, a Medal is to he (truck, with appropriate
devices and infcriptiom., to prepetuate their highly diitinjuifhed
and gallant atchievement.
1. That one of thole Medals is to be pre:env-4i to every Of-
ficer and foldier now furviving, with the name of each iufcrih-
ed, and alto to the lineal defeendant of every one who felt on
that day, infcribed with the name of the fallen hero.

3. That an elegant and charadcriftic Cup (of the value of
too guineas), with thimble devices, be prefented to the Alefs of
the Regiment; that thus, even in their convivial hours, the
achievement of the arft of March may never be forzot ten.

Serjeant SINCLAIr. being introduced to the Meet-
ing, Rated, that the 42d Regiment of Highlandei s,
forming the right wing of the Britith Army, hav-
ing the Bth Regiment a little on their right, ad-
vanced about 200 yards, were, on the morning
of the 2111 of March fait, and before day-light, at-
tacked by three bodies of French infantry, who,
in driving in the piquets,, cheered and puttied on
with great impetuotity. A French corps, bear-
ing the name of " Invincibles," loon got between
the 28th Regiment and the 42d, fituated as al-
ready noticed. Here the battle became warm and
furious, and the French had fucceeded, before day-
light, in turning, or rather throwing the Britith
right flank into confufion. At day-light, the '
body of Invincibles, who had a little while before
engaged in front, was difcovered to have paired
beyond therear of the 42d Regiment. This latter
corps inftantly changed its front, and attacked the
Invincibles with great fpirit ; infomuch, that, in
a very fhort time, the greatell part were cut to
pieces. The remainder gave way, and were driven
' to take refuge in an old ruin, or caille, on the right
flank. On being followed up by the Highlanders,
the remainder of the Invincible Corps called out
for mercy, and many of them immediately furren-
dered.—At this inaant, Colonel ALEX. Svitwaav,
of the 42d, who was prefent, went to the body
of the regiment, when Major STIRLING, of the
fame corps, followed by Serjeant SINCLAIR, went
up to the French Officer bearing the Invincible
Standard, and defined him intlantly to deliver it
up with his fword. On his refufal, the Major flruck
him acrofs the head with the flat of his fword, and
fnatching the Standard forciby from him : the
Frenchman then threw his (word on the ground,
exclaiming rive la Republique! Serjeant SINCLAIR
picked up the (word, and Major STIRLING deliver-
ed to him the Invincible Standard, direding him
at the fame time to take care of it, and to Ration
himfelf by a four-pounder field piece which had
been taken by the 42d Regiment.
At this poll Serjeant Sinctsis remained for
upwards of one hour, in charge of the colours, and
proteftin the four pounder,when a body of French
Cavalry (about Soo) advanced in full charge to the
fpot ;an the officer, in paffing, made two cuts at
him, the one cut through his bonnet, and the fecond
wounded the Serjeant in the neck, after cutting
through half of a thick club of hair, near the tie,
and his neckcloths, having fortunately two on that
I day. Stunned by the blow, and thus cut, he lay
foe fome time on the land in a (tate of infenfibility,
s •nd on having recovered he found himfelf alone,
an d the French cavalry in confufion, having been
rept..lfed in their attack • being gill in pofTeflion of
the P. -ench officer's (word and his own. He could
not, ho wevee,
French ft, Lndaron looking round, find either the
dor his bonnet. He therefore, in
paling to .'he left, where the regin:ent was en-
gaged, met v vith fix foldiers of the Fre. -icli cavalry
difmounted,
,t,,liom he et-coned as prifon ens to the
right of the 42d ."egiment, where they we,-e taken
care of by Ditto V's corps. While conchlain4
thefe prifoners, he ix -rceived a foldier of General
STEWART'S foreign co,
:ps carrying into the re,
the invincible flandard,'N vhich he had picked up
while Serjeant SINCLAIR la v as already noticed.
The lett wing of the Fret. 6, which had been
put to the route, at this time i ,egan to rally, when
Serjeant SINCLAIR, finding a wounded foldier's
mule, fired after this third atta.-k no lefs than is
rounds. He thinks that the right „wing of the Bri-
tills army was in aelion a full hour at ter this laft at-
tack, until the French army was co. mpktely de-
feated.

j
Being Aced by one Member of the .Society in
particular, how he efcaped with fo hal? e injury
from fuck a perilous fituation ? he modeftly ,-ephed,
" that he had always put his truft in Gov, and
that GOD alone could have protested him almidft
imminent dangers."
Serjeant SINCLAIR is an athletic young man,
about fix feet high.
The Serjeant having retired amiclft the plaudits
of the company, the glafs, enlivened with the fong,
went round; and every Gentleman departed highly
gratified by the proceedings of the evening.
It was previoufly moved and agreed to, that in
commemoration of the battle of the 2 ift of March,

the third monthly meeting of the Society (hall be
held on that day annually ; but falling this year on
a Sunday, it will of courfe take place on the day
following.

Mrs. GOSLING'S CONCERT.-.—On ThElEably even-
ing the fecond Subfcription Concert for the feafon
took place at the elegant refideuce of Mrs. Gos-
LINC. in Portland-place. It cunfitted of Catches
and Glees; they were commenced at nine o'clock,
by Mars. Ksvvirry and SALE, with a Glee of
Wrsas's, the Compofer, Mufic's the language
of th: bleit above." Mifs CURZON, Mr. SALE,
jun. and a very young Lady, fang a new Glee
from the firft fccne in Macbeth, " When shall we
three meet again." The fill' at concluded with,
1,"fo love I 'wake the flyer tiring." Ad the
fecond commenced with, .s Sifter of Phcebus," the
Gypfey's Glee, and Fairelt of Flowers," fol-
lowed; and the Finale was, " Fill the bowl with
rofy wine."
The company affembled a'bout ten o'clock, and
dcpartcd foon after twelve from one of the molt
fafcinating mufical treats of the feafon. About one
hundred and twenty perfons were prelim

LAW LVTELLICiENCE.

COURT OF KING'S BENCH, FEB. 26.
WILLIAMSON V. ALLANECIN.
?Ir. Cools thud that this bftion was bronrht
by the plaintiff, the chief mate of the Earl Spencer
Eaft Indiaman, to recover damages of the de•
. fcndant, a wine merchant, for having fold him
24 dozen of claret, %%Melt was not of a quality fit
for the Eaft India market. Tice plaintiff's claim
was not merely for the value of the wine, but for
the further amount of the profit lie would have
gained had it been a marketable article. The
claret was purchafed of the defendant, put on board
the Earl Spencer, and flowed in filch a manner in
the hold that no pollible damage could reach it.
Upon the fhip'sarrivisl at Bengal, it was difeovered
that feveral bottles were broke, the whole of the
corks decayed, and what wine remained eistirely
fpoilt, and fo four it could not be di asok—ie Was
fold for eight rupees a dozen, about i 01. (terling.
The witneffes proved that the claret in queflion
was properly flowed in the hold, with a quantity
of other wines, which were in perfea order when
they were unpacked.
Mr. ERSKINE contended, for the Defendant, that
the wine was of diffident ftrength for a foreign
market, of a good quality, and that its deteriora-
tion was the conlequcnce of its has fug been flowed
in an improper manner.
The Defendant's witneffes proved that the wine
was bought by the Defendant of Meffrs. Allen and
Smith, merchants, who had fold a cor.fiderable
quantity of claret, oldie fame quality, to different.perfons, without ever having heard of any com-
plaint on the part of the perfons who had purchad
ed it.
The Learned Judge laid the Jury were to decide
whether the wine when it was fir It put on board
was fit to he fold, or whether its fi:urnefs proceeded
from mifmanagement while it was on hoard ?
The Jury found a Verdi& for the Plaintiff for
Ica the value of the wine, and the probable pro-
fit the Plaintiff would have nude.
CROWDER V. RORI,RTS. 1
The ATTORNEY-GENERAL flat.d, that this WaS
an aaion in which the Jury would have to affefs
the damages which the plaintiff had fuftained by
rcafon of the milconduCt of a coachman, who was
entrufted by the defendant with the management
of one of his coaches, which ran from Fetter-lane
to Yarmouth. The proprietors of publio coaches
were refponfible for the condut of thole who
were by them enttufted with the care and ma-
nagement of their coaches, and if it were not fo,
nobody would choofe to travel in them ; the maf-
ters of coaches were fuppofed to fele& their coach-
alien with care, and it was a well undertlood thing, .
that the millers were refponiible for the ans of
their fervants employed upon their bnfinefs, and
ace,,untabic to every paffenger for either lids or
ci;omage to his property, or injury to his limbs, by
the midmanaoement of any fuch fereants. In the
p; dent cafe t'he pLintiff had indeed Inflained ir•
reparable irjotr, loom the grofs mil:condo& of
the defendant's coadonan. This action imputed
no immorality to the defendant—hr hat been,cer-
tainly indifcreet in then feleaion of this coachman,
vho was charged se Mc the c;ire of the property,
and oven lives of thole of his Wear's fufsjeas,
who had occafion to travel by the defendant's
coach, for this cod.chmait was the moll drank: ,
brutal fellow, thak ewer drove a carriage. ..:1" 'lel-
low, by his drun'ennefs, or inhuman neglCr ,cake
of the lives of t',:cle he had the care of,
1:- 4 '•.:
m cca-
lied the nsif.ellief complained of in of
and there Wi' uld he no queltion to-day os aetion,
oefore the
Jury... het'.ier the injury was occur- wised by the
grofs lar',., of this drunkard ? for it was admitted
by the ei efendant, Mr. Roberts, t' oat the plaintiff.
took ri place in the defendant' s coach to Yar-
niclu'. is—that the accident conr
.ilained of,happened
to ',he plaintiff on the jousr
.ey. by di iving of the
r oach, and that it was tier
.coned by the drunken-,
nets. careletiliel;, fault, or negligence of the de-
fendant's coacliman,,- who was then driving the
coach, &c. The clue .tion then for the Jury would
be, what damages they fhould give to Mr. Crow.
der, who was wo oily ;In.:third from purfuing his
proleffion, or to live in the line he had been sired
to ? The plan stiff was a partner in a silver plating
houle at Shei.tieto, tender the firm of " Young,
Walker, ar .1 Crowder," and his branch was that
of the out .bufinefs, that of riding cut and travel-
Log for' ;refers, &c. Ile took his place fall dim-
Ines ill/London to go by the defendant's coach to
Yarnitth, and the coach had proceeded beyond
Che-r ssford on the load to Yarmouth, when the
co; :f :anion, driving_ with that brutal fury which was
o r often witneffed on the road, and which arofe
b,. their tippling and loitering their time, and
'ioiiig engaged to arrive at a given place at a given
/
time, this was the way they had of making up for
it. By this he overturned the carriage, on the
outfide of which thin unfortunate Gentleman, the
rlaiutiff, was riding ; he was thrown tinder the
coach, and there he was left until affillance could
be had fi om a diflatice off, when lie was taken up,
carried to Boreliam, whine two furgeons attended
him; he was kept there for three weeks, and after-
wards brought to town, where he was attended by
Mr. Afbley Cooper, Surgeon of Guy's Hofpital,
as well as by Mr. Ifaac Oliphant, and other fur-
gcons, fleilful in their profeffion. They tried all
their (kill upon the cafe of this urfortunate Gen-
dollar., but they found it baffled their power to
, reftore him to the flute he was formerly in ; and
v they would now prove that he would be a cripple
for life. His circumltances in life were refpeaable ; 1
he was a partner in the houfe he had mentioned,
and he had by the partnerfhip deed tool. a year
for his diligence and aaivity ; but there was a
pro!'ifion in that deed, that if any partner Mould
be airsick:el from attending for fix months, ha null
no longer be allowed that fum ! and he could not
cape& that he fhould continue in the profit of the
[Mind's now that he was totally difabled from
taking any (hare in it. In fall, the Attorney-Ge-
nerallaid, the queflion for the Jury to confider
was that which had been fubmitted to Gentlemen
• in their fituation before, What a man, what either
of themfclves would expea, when wholly difabled
from purfuing his bands, to have allowed to him

from a man, who had not indeed perfonally '
wronged him; but who was as anfwerable in law,
and ia jtJlice alfo, for the confequences of the ac-
cident, and was as much bound to repair the in-
jury, as ii l e hid entered into a fpecific written
coi' at to that effeect ? And the Jury would re-
member, that the quellion here did not embrace
any id:a of moral guilt ; nobody imputed any to
the iltf.:ndant : the whole was a queflion of civil
injury, which the defendant was bound to repair.
It was a quellion of what the equivalent was in
the opinion of the Jury for the lofs which the
plaitiff had fullained by lofing the right ufe of his
limbs, and by lofing alfo his partnerthip in trade ?
for certainly he could not continue in it, finee the
notation he filled in it was that of the moil active
Lind. He was aware that his Learned l'i:ead
would a.ldrefs the Jury on the propriety of mode-
-1 ation in thefe pecuniary damages. He did not
with to inflame them, but he could not help de-
tit ing the Jury to consider the cafe ferionfly, even
in that point of view : they would confider the
pain the pLtintiff had undergone, the expcnces he
I had been Oiliged to defray, in his medical offal-
ance ; the lois of his trade, and the lofs of the ufe
of his limb ; and the diminution of comfort which
all thefe confiderations mull produce upon his
mind, and the refit:Mon which mil fl accompany the
recolleCtion of the melancholy accident, for the reft
of his life. The furgeons who attended the plain-
tiff, would dcfcribe to the Jury the pain he felt,
and alfo, that he was, to a certainty, a cripple for
life. He was lorry for the fituation of the defendant,
but, in this cafe, he was to be confidend as an in-
firer for the Etf:ty of the perfons as well as the pro.
perry of the paffengers who went in his coach. In
this view, this caute was important to the public,
for, he trufled, that the verditt, in this cafe, would
induce the mailers and proprietors of coaches to
feled their coachmen and hreants with care, In
that we Ihould ant in future have to complain fo
much as formerly them, had been too much reafon
to do, of broken limbs, and fometimes of the lofs
of life. 'lle Jury would take the whole cafe into
their confideration, and confider the Defendant
civilly refponfible, for fo he was, up to the full
extent of whatever might be ellimated as the
Plaintiff's lots, in Which was to be included his
future profpeCts, for the whole of which he was
entitled to reparation.
The admiflions were thcat put in and read—
" That • the Plaintiff took a place in the Defen-
dant's coach from Lonctnn to Yarmouth. That
the accident happened to the Plaintiff on the
journey, and was occationcd by the drunkennefs,
carcleffnels, or negi gence, of the Defendant's
coachman, win) wive then the driver of the laid
Vlach."

Mr. C reatnci-, •and Mr. Bird, two Surgeons of
Chelmsford, g ve an account of the (late is which
they found the Plaintiff, when they came to give
him profeflirmal atliftance. They defcribed the
thigh bone to be diLlocated : that the locket of
OIL' ball j'a the jt.int was to injured that it could
never b' reamed to it fo'mer Rate, and that
nit& be inevitably lame for life ; that
tte tir .ay, indeed, improve a little in time, and
TT' be able to ride gently ; or, by the help of a
. to walk a little, but that he muff be lame
t life.
Mr. Pu. n, Mr. Oliphant, and Mr. Afhley Coo.
'per, the latter Gentleman had Peen the Plaintiff
this morning, all agreed that the Plaintiff mull be
lame for Ide.

Mr. Young., fon of one of the partners in the
firm of which the Plaintiff had a !hare, gave an
account of the firm, as defcribed by Mr. Attorney
General.

Mr. ERSKINE, on the part of the defendant,
fpokc at confiderable length : he laid, many ac-
tions of this nature had been brought ; but he
never witneffed one which refenibled this: in molt
cafes a great deal of time was loft in examining
into circuniflarces ; and much perjury was fre-
quently obliged to be witneifed ; while the de-
fendants merited no mercy, but rather deferved
to be call in damages even more than would corn-
penfate the plaintiff. He laid there were a number
of circumftances peculiarly favourable to the De-
fendant in this instance ; he had been a coach.
owner for thirty-one years, during which period,
as lie had been particularly scrupulous as to the
carefulnefs and fobriety of his ferrants, no one
accident had happened to any of his paffen-
gers. But the Gentlemen of the Jury mu ft knoW,
that people were liable to be deceived by fervants
in whom they trufled. Had the defendant re-
ceived a complaint ofhis fervant's mifconduft and
drunkennefs, and yet fuffered him to remain with
him, he would have deferved vindietive damages;
hut he never knew that he was not perfeelyatten-
tive and fober. Mr. Erfkine here blamed the
plaintiff, who muft have ken the Rate in which
the coachman was, for not getting down and
hiring a poll chaise, the expence of which the
defendant would cheerfully have paid, and, in-
deed, regretted on the plaintiff's account that he
had not done fo. In another inflance, too, the
prefent defendant differed from others: immedi-
ately after the accident, Mr. Roberts indieted his
fervant at the County Affixes, where he was con-
viCted, and fentenced to twelve months imprifon-
ment, which he is now undergoing, for his offence.
There was but one other thing wanting to place
Mr. Roberts's conduft in the molt favourable point
of view ; and that was, he had advifed him to
Infer judgment to go by default. This he had
done, and had proved himfelf willing to make all
the atonement which it was poflible for an unfor-
tunate man to make for the crime of another.—
He could riot, as in a cafe of debt, pay a certain
fum into Court, and plead it in mitigation of da-
mages : but he had done all that he could ; he
had offered to refer the Winds to the arbitration
of private men, but it had not been accepted. He
certainly did not blame the plaintiff for appealing
to the decifion of a Jury, and it was now left for
them to determine what, under the general circum-
fiances of the cafe, for there were none but ge-
neral circumftances, the plaintiff was entitled to
as a compenfation. If the plaintiff had been ac-
tually turned adrift on the world, as reprefented
by the Attorney. General, the defendant would
have been liable to (ulna hint with fubfillence,

w

but this was not the cafe ; and the Jury had only
to confider the fubjeet in a general point of view.
Mr. Juftice LAWRENCE fummod up the evidence
given on behalf of the Plaintiff, kw there was none
offered for the Defndant, and faationcti the rule of
1 law laid down by Mr. Attorney General, that the
mailers of coaches were infurers of the fafety, not
only of the goods, but alfo of the perfons of thore
who travelled in their coaches, an-1 if, by any acci-
dent in the courfe of their carriage, by fault in the
coach, or lvales, or coachman, any accident hap-
pened to the property or perfon of any one oar: iLti
in their coaches, they mar. repair whatever da-
mage was done to either, to its mita amount, &C.
The Jury returned a verdict of one hantlredgui-
neai for the PlaintifF.

nis, Mr. ERSKINE obferS•ed, was the exae. futn
which had been offered by the Defendant.

COURT OF COMMON PI.EAS, FED. 26.
FRFSTON AND

This was au .::lion for upon a Pol:ey of
Infurance of tiled upon a cargo of lead on board
the Albion, Hay mailer, flora I-lewcaftle to
London, at twenty-five , guineas per T!:e
velfel and cargo w:re
The queftion for the Jury to cktertrjrt
Whether the Plaintiffs, at the time of making di,:
infurance, difelaed all the eircumflance.they knew
relative to the velfel, to the Underwrittas

It appeared that by the Poll Office Lift of the
9th of November, which was produced in evidence,
it was- Rated that a boat, having a elicit of lea-
man's clothes on board, was picked up at fea by
the•llunter Revenue Cutter, and was found to
have no (hip's name on it, but there was the tun=
of Hay. The infurance was dialed by the
Plaintiffs on the t zth of November, and it was
found the nest day that the velfel was certainly loft.
It was contended on the part of the Plaintiffs,
that as the PoR Office Litt was taken in at Lloyd's
Coffee-houfe, the Defendant, who frequented that
houfe, mull be fuppofed to know the eirctunflance
Rated in the lilt as well as the Plaintiffs, and that
front his exacting fo high a premium it mull be
prefumed he did know-it.
It was endeavoured to be caahlifhed on the
part of the Defendant, that the Plaintiffs did not
communicate to him, at the time the infiirance was
made, all the circumaances they knew relative to
the veffel, and it was contended, that fo high a
premium was only demanded in confetluenee of a
violent Rorm which had happened a few daysbeforc.
The jury, however, found a vcrdia for the Plain-
tiffs, -damages 731. t 3s. which, with the premium
of twenty-five guineas, which the Defendant had
repaid to the Plaintiffs, made up the film of tool.