Star.
London, England, 1807-06-12 00:00:00

SPORTING INTELLIGENCE.

ASCOT HEATH RACES, WEDNESDAY, JUNE to.
A Sweepflakce of tsgs each, with zsgs from the Race-Fund; three
year oidb, 61t 71b four year olds, lit t alb five year olds, Bft. 71h.
fix year o:di and aged, Bft t alb. To ftart at the King's Stand,
and go once round.

Mr Durand's ch. c. Mailer Jacky, by Johnny, out of Seed-
ling, 3 yrs old - - a
Sir J. Mawaey's h. e. Candidate, 4 yrs old - %
Mr C. Brown's brother to M.,idttone. 4 yrs - dr
Mr I .adt,roke %. hr. c. by Young Woodpecker, out of HJuni-
bal's d in), 4 yrs old - - dr
Mr Villltth'S ch. h. Great Britain, by John Bull, out of
I)ide, acrd - - dr
Mr Fermor's b. c by Gobanna, darn by Woodpecker, 4 yrs old dr
His Royal Iligi nets the Prince of Wales's Plate of sd. for Horfes,
&c of all ages ; four miles.

Mr Brown's h h. Watery, 6 yrs old - x
Mr Windham's b. c by Ambrofio, 3 yrs old - a
Mr Coacifort's b. m. nighty, 4 yrs old - 3
Mr BiFg's b. m Margaretta, 5 yrs old . - dr
Mr Fermor's ch. h. Cerherus, 5 yrs old - dr
Mr Ftitbdev's b c. Pantaloon, 4 yrs old . dr
Mr Lake's b. nt. Rofabella, 4 yrs old - dr
The Swinley Stakes of rags each, raft for three year olds, 7ft 411,
and 4 yr olds,Bft roll) the lilt mile and a half.
Mr Lake's Humility, 4 yrs old - - a
Mr Butler's b. c. by Ambrofio, dam by Weafel, 3 yrs old a
Mr Blacbford's br. c. Tony Lumpkin, 3 yrs old - 3
Mr Jeffrey's eh. c. by Pcgafus, out of Frilky, 3 yrs old dr
A Plate of scl for four, five, fir yr old and aged bodes &c. four
yr olds, to carry 7ft. 63). five yr olds, 811. 21b. 6 yr old. Sit. Bib.
and aged Bft. loth. Mares to be allowed 41b. 'Ube winner of
one Plate or Sweepftakes in the year r 80, • to c-Irry 311'. of two
or more, 51b extra. The bat of 3 three• Mile heats. To hart at
the Old Mile.

Mr Ferrnor's ch h. Cerberos, 5 yrs old - i r
Mr Abbey's b. f. Orangeade, 4 yrs old . - 3 a
Mr Biggs h.m. Margaretta, s' yrs old . . 1 dr

Her MAJErry and the PRINCESSES were at the
Races this day, when her MAJESTY obfet lied, that
as a Plate was given by his Msrssry, the Prince of
WALES, and the Duke of irIAR, the would alto give
a 501. Plate, to be run for on Friday, by the beaten
horfes.

Tke 'Race.ground this day was well attended, but
the Ladies were not fl rumetous as yeiterday. The
day being-very cold, many of the fait fez had pro-
vided thernfelvcs with fcatlet mantles. The Ilaircafe
of the Royal box was lined with Ire= baize, and
the Royal marques were well fecured againft the
impernotiry of the wind. The &It. Royal carriage
that came on the ground, at half pall twelve, was
Oa! of his Royal Highnefs the Duke of Sussix, in
which was the Marchionefs CORNWALLis, who, on the
arrival of her MAJISTY and the Parricassss, came
to the bottom of the flaircafe to receive them. The
Royal Dukes, Yogic, Karr, CUNIBRLAND, CAM
RAMO!, and Sussex, were alfo waiting to receive
her Mairtsvz. His Royal Highnefs the Duke of
CUMBERLAND concluded his Moyer. MOTHER, the
ParacEssas, and the Marchionefs CORNWALLIS, up

The Sweepftakes of is guineas was a very inter.
ening race ; her Royal Highnefs Princefs Et.iza-
B►TH took great intrrea when the horfes paifed, and
bets were depending in the Royal Stand upon that
race, which was won by half a neck. After this race,
the Royal family went round the cootie in their
carriages, and were faluted by all prefent, which they
returned with their ufual condefcenfion.

His Royal Highnefs the Prince of WALts was not
prefent, having left Windfor in the morning for
London. The 'setting hand was uncommonly full ;
the open carriages, gigs, and phaetons, were not fo
numerous as the preceJing ddy. Among(t the ele-
gant difplay of carriages, with their own fets of
horses, (the principal part of the company having
poft honks), were the Marchionefs of THOMOND, Sir
WILLIAM CLAYTON. with four bays, and Mr. ABM.
GOLDSMID, in a fociable, drawn by four horfes, with
two out-riders, and two fettrants behind. Friday's
fpnrl is expeBed to be very fully attended. It is un-
dcrttoorl that his May sre trill be prefcnt.

Z.,11, MAT LLICENCE.

COURT OF EXCHEQUER, JUNE If.

THlt *TrWiz? GENERAL V. JAMES DICK.
This was an information ari(ing out of the Firil
itiport of the ':!ontmillioners of Naval Enquiry. The
attendant held the fituation of Naval Store keeper,
in the Ifland of Jamaica. Mr. Wyer r read the
particulars of the information. It (fated the time of
Mr. Lick's appointment to thy office, and that he
was provided with the ufnal inflruClions for the dif-
charge of the duties of it. The object %vas, that he
might purehafe limes for the ufe of C vernment ;
and, in the 13th article of his orders, was the follow
ing direction r " That the Navy Board may know
there is no uniue advantage made of the vatious
rates of exchange, the total of every account 'hail
be both in currency and lterling, and the cash ac•
counts and voucher,' than contain the then rate of
exchange." It further hated, that from 'the time of
his appintment to the date of his refignation, the
premium on bills on London, in the Iflaud, was from
to to 17 per cent , and that on Government fecuri-
ties i: was canfiderA,ly higher. That bills were drawn
by him to a very confiderahle amount, on which be
gave no credit to Governmer;: for the premium. A
communication was made of thefe tranfaCtions by
Lord Hugh Seymour, who had the naval command
on that flation. The motive of the appiication was,
that the Defendant rni.rht be ordered to deliver in
an account of all the bills he bad drawn, and of the
premiums be had received on the nzgociation s:f fuch

The anfwer of the Defendant was then read, by I
which it appeared. that the principal fads Hated in
the information were admitted. He added, that
after his arrival in this country, viz. on the 3d, t t th,
and atla of February, 18c3, he received letters from
the Navy Board, requiring him to give an account
of all bills that he had drawn while he was in the
execution of his (Hee; and that to thefe he anfwer-
ed, that he confidered the premiums received to a
certain date, his own emolument, under the ccortraft
he had made when he accepted the fituatinn.
The Souctrox GENkIAL and Mr.
_leaves fop-
ported this information. The Simple matter before
the Court was, ...Eviler this call tryinn the Defendant
for an account Should, or thould no:, be complied
with ? The law wAs pelfeOly clear on the lark& ;
and, as a public r tfi:er, he was bwind to render an
account. On the 8b of July, 5796, he was afpninted
Naval Store keeper at J imaka, and he continued
there in that charader until September, 18eo. For
this duty he had a (Any appointed ; and, betides this
Salary and certain billing emoluments, he was to hove
no compentation. The Single mieninn was, what did
he receive for the hills ? What he did receive was the
property of Government. He had full iattrinninns.
which (tilted, that lie was to have no other cenfidtra-
tion than what was Itined for his trouble ; bnt inde•
pendently of all filch ingruftinns, natural junice
required, tha: he Ihould account will his employers
for all extra prcfits. It wat impollible that the De-
fendant Should be in any uncertainty Ac to the nature
of hip contra& with the Navy Board, in refi et to the
premium on iliac Government Securities. The fan
was perfedly notorious, that Mr. Smith, his prude.
ceffor in office, had bre.n (Nitrified, by a von rain,
:;" I
the t; oh f September, t7no, for his miftarnom. in
not accounting with the public for this very premium
—and it this notoriety were not firffisient, the De
fendant had the bell op;rutunity of pita..., informa-
tion ; he kept in his env' Iment Mr. Iliouohten,
who had been clerk to Mr. Smith. who !lid in his
affidavit, that Seeing the letter to Mr. Smith nnfeal-
ed he had the cur icfity not only to read the warrant
of his difmilfal, bin to take a copy of it. Their Lord
(hips mull wink a great deal ton much net to clifcern
that the cle. k much have acquainted his new mailer
with the ground of that diliniffial. Under thefe cir-
cumnanccs, was it reconcilable with common fenfe 1
to fuppofe, that the Defendant was nut cognizant of j
the caufe of the removal of his pred..ffor ? Was he j
now to fay, gravely, in a Court of Jutlice, that being I
employed by Government to fall its bills for the bed
price they could produce, he had a right to put part
of that price into his own pocket ? It was too often'
repeated, that ufage might jutlify abnfes—but the
truth was, no length of time could is. nify Inch prac-1
.
Imes. This fithjed had been publicty ditcuffed—but
the Learned Counfel purpofely avoided commenting I
on any documents, excepting the bill and anfwer
before their Lordfhips. It was a frngular fad, that
this Defendant gave to Sir Hyde Parker Navy Bills
to the amcunt of 45,0001. for which he required no
' premium. It was particularly hiking when it was
confidered, that thefe bill, only, at to per cent. in-
(lead of 17, as (fated, would have obtained an emo.
lument facrificed by the Defendant, of 45001. It
looked very much like paying a price for secrecy, or
a difpofition to let others participate, where he could
not hirnfelf receive the lanai without expofure. This
matter was further explained by the conca& of Rear
Admiral Bligh, to whom the Defendant /Impaled to
pay the compliment, as he had clone to Sir Hyde
Parker ; but that Officer declined deriving any ad•
vantage from filch a ft nice ; he laid he had no right
to it, and that it was either the etnolurn.nt of Go.
venment or of Mr. Dick; and he gave the difference
p
to the latter, Somewhat indignant that fuch a pro.
Sal (bould be made to him, which was inconfillent
with his fenfe of duty and honour. Ir might be the
cafe, that thefe premiums were to be the emolument
of the Naval Storekeeper; but for that purpofe there
mull he a Special contra& ; the contrail was certainly
capable of being varied by a Specific agreement, but
no Itch agreement had been made. The Defendant
Paid, that inflead of being at a premium, the Navy
Bills might have been at a difcount in the Ifland of
Jamaica ; but Government never cape:led of him t 2
enter into fpeculatinns on the produce of thefe Bills ;
and if, inners.' of being at a large premium, they
had been at a large difccunt, he would taJt have been
refponfible for the lola. The Defendant, by his io-
ftrudions, was required to advertife when he was pre.
pared to remit bills on Government, in order that it
might be a notorious fad, on what terms Such remit-
tances were to be made, and that two refpidable iner.
chants might certify as to the flare of the exchange.
The Defendant had given no Such public notice by ad-
s vertifement, and the reaton was obvious—in order
that no fuch certificate might be made out, and that
be might covertly and fraudulently derive the benefit
from there negotiations. It was pretended, that a
falary of r 001. was infufficient for the maintenance and
reward of the Naval Store-keeper, in this %Vclt India

• • •
rettlenient ; brit the truth was; that Ibis mil not
the compenfation to which that officer wits-entitled!
He hail not only his Wages, but "all futh
' and privileges as Are duly siuthOrifecii and duly he.
long to the office." There were the words ot the
appointment, and the allowances appeared to be not
inconliderable, from an authentic document then be.
Ere the Learned Connie!.
Mr. ALEXANDER, for the De enfant—" This ;1
not in evidence ; 4nd had the docnment to wh;c:i the
Learned Counfel adverted, been added to the tetti.:
mony, I (hould have been preiatcd to bait lhewn iti
fallacy."
Tie C,4IFF BARrN -•••gl How long was the Defen-
dant in flfnce ?"

Mr. JE otrts—" About two yeatt. The warrant;
calling upon him to account for ;he pterniams, wai
dated tie 18th of Septenaber, and welg received by
him on the ilth of December, IL° ; and although
he now claims the premiums as his own ander hit
contradl, he made so remonarances, Bated no com-
plaint, on being abridged of thofe pretended tights
under his contra& ; and yet the bills on which this
extravagant premium of 15 per cent. or, an average
was obtained, amounte I to 364,c001. Thefe faEts
put the defence completely out ut Court."
Mr. WYATT having %wily addr cited their Loiti-
fhips on the fan]: fide,
. .
Not. Ai.exawnes role on the part of the Defenaant
and !aid, that his client was an old (Natant of the
Cruwn, who, during his whole life, had been ens.
ployed in the muff difficult and dangerous duties. If
this decree was paffcd apical( him, it mutt involve
the ruin of the Defendaut, and therefore be addreffed
the Court with much embarratTment and with great
anxiety. The Learned Counfel had raid, that they
founded their claim upon the literal meaning of the
13th article of the inflrugions. Thele inilluaions
were general orders, given in a printed I am to all
the naval florekeepers in the iflands in the Gulph of
Florida, under the Britifh eflablifiament ; and it was
true, that the article feletFted did ti.p; ly to every fet-
tlernent in that Carnation, with the exception of this
particular ifland ; for it fo happened, that the
exchange, inftead of being irregular at Jamaica, was
fixed and determined, and the pin:portion tterling
and curteney was fettled by the Legiflatien in the
ratio of tool. fierlirg, to I.}cl. currency. In Itte 13th
article, the exchange was only alluded to; in Jamaica
there was no fucit thing as exchange ; theae was at
p em is m rubltituted for it, and that premium was not
at all contemplated in the infirtaZlions; fo that the
Defendant could have been guilty of nn breach or
ir.fiingement of thole inflru!Sons, or r.t the 13th at-
tide, on alone the complaint was faunded.—
The cootie of dealing between the Navy Board and
tit.rir Officer was completely before the Court ; for
a long time he received thefe premiums, without any
of jteiatt being made,and finely this tacit afrert of the
framer was a forflicieht indication of the *andel (land-
ing between tise parties with refpeel to the contraet.
'frac Defendant was wholly uninformed, as Inc Rated
upon his earh, that his predeceirm had been difmiffed
for the arplreatien of there premiums !r, his own emo-
lument, and in this he was cr,r,firrned by Mr. Brough-
ton., and by his chief cle.k, Mi. WaJe ; and was this
lot of firbflantial three evidence trig he countervailed
by the conk:aril-el., gyp ,theles, and calculation of
probabilities on the other fide ?
Mr. Baron GkAHAM-.rig What do you fay to the
circinotta:;cc% f hi: giving Admiral Pal kea 45,0001.
in Navy Bills, and factificing the I.remiums upott
that large amount ?"
Mr. AL vatarsor a•--." He confideredhimfelf a, hay.
ing the difporal of them, and he is not to be blamed
for his libtraiity."

Mr. Baron GRAHAM--•-" Even ten per cent. upon
that item is a monfirous film ; and if he had a tight
to it under his contras with the Navy Board, why
did he refign his emoluments to the Admiral ? It
locks like a confeinufnefs, that were he to have
demanded the premiums of the Admiral, he fhould
ha'e inn the risk of cap-1.160n."
Mr. ALEXANDF It endeavoured, at couflaerable
length, to explain the dittinaion between the premium
and the exchange i.; hills, and concluded with pro.
dining the cvidet ein support of the anfuer of the
Defendant.

The on;y affidavits read were th,,fe of George Guy,
George HArper, Wiliam Richard WAde, And Henry
Broughton, and the turthet dircuffiun the dcti-
fon were deferred to a future ups•

' COIIRT OF CHANCERY, JUNI? Tx.

•TTOtNEY GENERAL V. BARLEY AND OTHRR3.

This was an information on the relation of a Mr.
Harvey and Mr. M•aih.tws, Churchwardens, and
other Paritbionets of the parifh and town of March. in
Clic(hire, who complained againa the defendant for
kis negletL and mifapproptiation of a very confider-
able property, given in the year 16oi, ft r the top-
port of four dittinn charities, one of which was an
eflablifhment fix the education of 24 poor boys in
Latin and Englifh, the tlipend for the Schoolmaller,
who was to be the Curate of the pita, from time
to time, being 201. per annum only ; feveral Oates
were given for the uf:s of thole charities, on whclit
a coi,liderabl.e advance in value had taken place.—
The Defendant, as one of the Truftces to thole cha-
rities, was charged to be the receiver of the rents
(he being an Attorney at Law), and with retaining
in his hands divers fums of the charity property, and
in particular a film, admitted by himfelf in his affi-
davit, of 3141. exciufive of confiderable other fume
in rents up to Lady-day lafi, paid to him, and wholly
unappropriated, while the objects of the charity, be-
ing many of the poor of the place, were fiarving.-
I.lc grounds for keeping fuels monies in the Wen-
dant.% hands were to defray the expet9ed expences of
the fait instituted in this caufe. It appeared that the
prerent-fehoolmafler uas a blackfmith, and therefore
wholly unable to terch Latin. It was pitied of the
et urt to order the defendant to pay the furn esprefs-
ly admitted by him, being the 3141. into Court ; and
that he may he enjtined to apply the other monies to
the ufe of the charities, until further order, or the
hearing of this cattle; and hilly, that lime fcfre:ne
might be fliggetted for apptin:ing a proper matter to
the fel:wl, in the mean time.

It was argued for the defendant that ht had made
no advant.o.;e whatever of the detention of the mo•
ney, but apprehended great espence in the fuit, it
partaking of a parifh quarrel ; and that he had no
intered in refuting the payment of rent offered to
him by fume tenants, nor in making pa) ments a year
after tilt bile were &limed to him, and getting the
[7 urn over.

..11.4

r

•

.

veeeipts anted rted, as he flood charged with, while
he had money in his hands to pay immediately- It
was WI (Wed for the, defendant, that the curate had
refufed to teach for 201. a year, on which account the
prefrnt fchnolmailer was emplayid ; that he
a Ichnolroalicr in other places before, as to Englith
and ari:hmetic ; and that he only (11ov-intended the
bufinefs of his brother, a blackfrnith, in the town.
lately deceafed, to whom he was executor ; and that
therefore he was not difiralified from teaching, by hi,
carrying on the birfinefs of a blackfmith, any more
than an eminent furgical fon of Galen, whom one
of the Counlel knew formerly at Oxford, who carried
nn the bufinefs of an eminent bookfeller in the Strand,
in Landon, his brother having died, to whom that
furgenn was execntor, and yet none of the grandees
objeeted,to his medical or furgical 'Wits at Oxford,
on the ground of his being a tyokfeller in the Strand.
It was likewife Rated, that as the poor parents of the
children, in'this cafe, were sot likely to with a Latin
education for their children, and the tUpend was fo
(mall for the fchonlinakr, no injury was done, nor
any; violation of the trues of othe charities; it was
ftiggetted to the. Court, on the behalf of the fehod,
that as the fonds were coofiderable, and the lands
now let at half their value, the Court might augment
the faary.
His Lordlbip ordered the jl4l. to be laded in
Coust, and the cede to be expedited ; bat eve no
orders about the &boob:antler, until the hewing.

COURT OF KING'S BENCH, JUNE to.
COIIIIIISIIOIIIERS OF SEWERS.
Some time ago, in application had been made to
the Court, for the iffue of a Mandamus. calling nn the
Conimiffioners of Sewers, on the River Severn, to
Thew eaufe why they, in virtue of Weir official faua-
tPins, had not repaired and boils up bank on the
(sad river, which bad been by 'be force pf the water
thrown down, by which the neighbouring country had
been inundated, and confiderahle property deßroyed.
Canfe had been fbewn by the ConatnitEnners again°
the Wile of the Madam:, and they had Rated, in
tetillirnce to the motion, that they were undoubtedly
refponfible to keep the embankments of the Severn
in a Rate of complete repair ; they were Ida bound
to profecnte all perform whom they might find at-
tempting either to injure, breile down, .or deßroy,
any part or parts of the laid embankment; but they
contended that, in the relent inftanee, they•could
not be compelled to remilate the embankment, it
having been deßroyed by no human means, but by
an as of Goo, namely, isy a Dorm and a remarkable
fweU in the river. They therefore fubmitted to the
Ginn that the level (i. e. the vicinity) ought to be
called upon to make good the loft, and to reinftate
the embankment in its paint condition.
' The cafe was folly argued this day. Mr. Unle-
arn/an: contended; in fupport of the Mandamus—
that the CoutusiSoners of Sewers were bound to re-
pair whatever dilapidations might accrue upon the
embankment. This pofition he endeavoured to il-
lullrate, by various authorities from the books ;
admitting, for the fake of argument, that this
failure of the embankment had not been occafioned
in the way alledged, Rill, as there were fame doubts,
and very confiderable doubts on the point, it was fair
to infer that the Commillioners were bound to make
good the deficiency in the firft inftance, and then to
look elfewhere for their indemnity. He trained there-
fore that their Lordthips, en a fair and liberal con-
firuftion of the law on the fubjedt, and on a jolt and
corm& application of the cafes and precedents he had
quoted, would determine the matter, now long in
agitation, in favour of his clients.
Mr. DANIA FR, on the other fide, contended, in a
very long argument, that the comtnitfioners of sew.
cis, LI a cafe eircumftanced as the prefect, were nor
compellable Lo reinflate the embankine tit. The fan
Of its haviag been drown down by an an of Coo,
had been rendered Triplett beyond all ftifpici,ln, anal
its defirtglion by fuch means had been ulna amply
proved. In all cafes loch as the prefent, the law was
pofitive and dire° upon the point, that the level mull
make good the embankment. Surely this could be
no great hardthip an Inch men as the proprietors of
the ground f' inundated, thefe being ti'e Marquis of
Buckingham, and other wealth) and opulent indivi-
duals. The Learned Gentleman then went largely
into the quellion of law depending on the decifien
of the Court, and Rated bit cafe in a very clear and
luminous way.
Lord Et t.t saoacncH obferved the prefent was a
care of iingular importance, many of its points were
novel, and the whole appeared to the Court extreme-
ly interefling. From the length of the arguments
adopted by the Counfel, it became necatry for their
Lordfhips to take time to deliberate on the judgment
they might give.
Lord 'ELLIN anaou G H, form after one o'clock, went
to Guildhall, where feveral undefended caufes were
taken, for the purpofe of giving the plaintifft judg-
ment in the term.

THE RING V. BENJAMIN HADDON.
On the motion of the CoMMoN SERWINTI the De-
fendant was brought up to plead to an indiament
charging him. Mr. John King, and Dr. Stephenfon,
with a confpiracy, unlawfully to procure the dif-
charge of the Hen. Butler Danvers from the cuftody
of the Sheriff of Middlefex. The Defendant pleaded
ha Guilty..