Star.
London, England, 1806-07-16 00:00:00

NAUTICAL 1117 ELLICEKCE.

FROM THE LOND,IN GAZETTE.
ADMIEALTY OFFICE, JULE 15:
Copy of a Letter from the Earl of St. Vine ot, 41min1 and
Commander In Chief. &c. to Wild.tm Marftl<M, bfq. dated 00
board the Hihernia. off ti fh Int ,he i ith MIL
. .

Sir-1 tranfniit herewith inpiee rife letser, with its layer'
from Rear Admiral Ilarrey, r citing a very neat exiiink.eondadt.
ed by Lieutenant kluleafter, Melt of the Millen. I ensum
grcat pride in acknowledging as an Lleae of my °ern. I am ..hc.
(Signed) sr wince mt.
• Torment. rff Cape Finlftertr Jut e 11.
My Lord—The weather het,,e hazy. we .11.1 n•.r lr • .1. • wa-
re when the Prince(' Royal parted comp ~.y this ns..rising Ae
we flood in atom the (Aintree kilned ;a .1 eti.s Colder 1.14
me a Setter, of which the inelofed I. a cop, It tlispiait in co' cr-
prizing (pith on the pa-t of hi. ogler. and mess c nem
thls ferrice. I here the honour to be. &c. (''lffned)
11.11 A• U •

Minerva, off Cape Milberre.piee t 4..
Sir—The particular part or your t•rtiers brio
been accomplilhed, by my falling in with Os hl•tirf-
ty's (hips Renown and Wallltlllaat on the sea init. I
felt it my duty to dired my attenti,on to thP annoy-
ance of the enemy's trade cat tied n al me thi, coati
to the pots of Ferro, And And hating reat•rw
to believe there were tome lugger pi iv•reer, In Fi.
nitterre Illy, under the proteti la of the (rut, I laR
&gist, it being calm, difpatched t viih ,acs from hb
Wajefly'e (hip under my cirnmand to ft:our the bay.
From among the v•ilunteers for this fervice, it fell to
the lot of Lieutenant Mt/Leas-rail, Firti •Licotenanta
accompanied by Lieutenant Meatus of the Royal
Mllinet, to command the cotter ; the barge was di..
rated by Lieutenant OoLa Kamer. This Imes:twin
I lied the fatiifitaion to fee the boleti returning, ac-
companied by five Spina tuggers and elb.ife Ma-
tees, as per margin 41, mall laden with wine, hound
to Ferrol and Corunne. Lieutenant MuLcasvia
fpeaks very handfnmely of the fuppott he received
from the officers and petty feamen and marines
ployed in this affair. _ _

I fee! I fhould be deficient in my duty did I omit
to Hate the citcumilances atterding the exerutirm rf
this fervice, 1, creditable to Lieutenam MULCASVOR
and his companions. The firli ohjee was the Fme,
mounting eight bran guns, cf twenty lour and
twelve-pnunders, which commanded the 'civic....
This was carried in a molt near and malivrly man.
ner by the bayonet and pike, before the gua d had
either time to rife the (1. awbridge, oe dileharge
twelve-p tender, w.tich had teen brought us-face the
gate (a fifhing boat having apprized them the ap-
proach of our b ,ats), part of the Spandh pud
laid down their arms, and are I.ow on boats! ; ti e
reit efcaped. As the day began to (loon, and as tl e
men were much horrafred horn a I mg row to the
(hors, and a latiguing match over a heavy land, the
party were obliged to confine tliemcrlyes to frikirg
the guns, and throwing lime of them into the lea,
e'er they took poffeflion of the '1 he (ileum.
fiance from which I derive moll pie dive is, that this
fervice was executed without a roan being hurt an
either fide, although the boats in their return, dm..
ing a calm of near three hours, were ezpofed (0 the
fire of a two gun battery from a hill to the foutha
ward of the town, I have the honour to be, &c.
(Signed) 010105 RALPH CULLUM.
• Angel de la Gouda, Johan Antonia Anemia, Santa Antonio
Memel, Noßra Senora del Carmen, and Santa Chrlite Jeanine.

PLYMOUTH, JULY 14.—Came in the EURIDICR,of
24. guns, from the Channel liter, wi,h a fleet or rig.
Wailers under convoy. Sailed the Dor utast., ni 74
guns, to join the fleet.
PORTSMOUTH, JULY dayarrived the Ro.
sago (loop of war, from the Downs. &pled the ft'.
lowing (hips, on a cruize r Locust' gun F 4.
TIiURII a (loop of war, and DIANA frigate. The OR.
PHEUS is appointed convoy for the Well Indies. All
is hale hue, owing to fo many trunfpo: is fitting out
fir the intended expedition to the left Jiterranean.
SHEERNESS, JULY is.—Sailed from the Note laR
night the SWlrr (loop of war, with the trade under
convoy for the Baltic, with a fine breeze at W.S.W.
A c,.nvoy for Tormingen is appointed to fail from the
No:e on the loth intl.

DsaL, Jut.v is.—Arrived the FURY bomb hoe
Portfmouth, with a convoy, which ate failed for the
River ; the Aarara frigate, the Swift Eait Intl4
pilot, and failed for the River ; Detnivi.ale flop,
and Sr EIDWILL brig, from a eruize off B
Sailed the BASILIRK and BRUIZIR gun brig., on a
cruize off Boulogne ; Avow Mini; for the N .r:
JACKALL gun brig, on a croire off 011 end, aid
PIERCER, off Dunkirk. Yeiterday arrived the Itrif-.
flan Ibip Neva from Portimouth, and this morning
failed for Elfinorc.

YARMOUTH, JULY' 15.--.-This MOrrilig arrived the
DIANA packet, Captain Srkwaar. %sty:. M.iils lti.m
Gotteriburgh, which were immediately f twareled.
The DIANA and LARK packets will fail this dies noon
for Harwich. Shins 01 war remain as per laa.
Canaan:o. JULY Y's—Palled by the Antelope, Watfott; sod
the Prince of Brazilro. Taller. from 1 ifbon ; Styr.ly, , rrom
Percy(burgh ; Friend(hip, Knowt (burry, from Emtatl.n;
Mulicr ; and the I erwick, Nio .k, from Norway SAW the
Jefferfon, Warner, for the Capc of Good Hope; and the Marl
and Ann, Eades, for Petafburish.

The Mercurius, —, trent St Thoma•'s,is detained, and fent
into the Downs.

The Port Mary, Pureel, front Africa. Is wired at Chatleflon,
after being detained lay • French privateer.
The k itzab:th and Ann, WiMamfon, front Norway for Ireland,
WaR bit on the 59th of June, near Metier&
The Eliza Armand, from PetetfLuteh for London, has put
back into Bilinear with damage.
The Antelope privateer, Captain Mortioek, of London, is cap.
tured on the malt of Pets, by a Sputa armed alp. Captain
Mottiock was killed.

The Patent, Baraugh, from London for Bernina* aid New
Providence. was all well an the tith of jun In tat is. so. Nur•.h,
long. 37.30. Welt, iwlthio foot days fail of Formada.

TO THE PiuNTEn.
fliv—Obfetving an gaol:a:ins ilarenuenr 4 then&
gagernent of the fhip Mary with a French tiiiite,un
the Coati (I Africa, in ynut of Monday Liu, I
beg leave to acquant you with the particulars, as they
in than eligAgtmvm

•"
On the 1211 of ft:lnlay. /1,6. ar 7 P hf fava a brie NI
14.6"/ down fax us; at I. Malt fh• ee :red htr fire • lich,
boardquarter w th, Mary Ititin p. 11,1 then wad. w a .nilatalr
returled. Gprai., Adam. w.. 111..re..14 auri. y the
tiron a cailnost to Al rail. p.d ' nth hi• Peg, t r.• spire !ha,' 'WO
hours refilbocc RI .1.. s all 1,...,6(1 1615‘,14 hia..l ....I.'',
d0t,41 to a mere W,Vva and the decks
w..umied, I ha& J she r r.ctoy. a ul mr,ont.
colmor., arid lir lit hi. niwutC• 11.*

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Law IN7 1441 G E. Z.
COURT OP COMMON PLEAS, JULY 2.
JIBYLL V. SIR rat! WORE, C. B.
(In our paper of the loth inflant, we gave a Root ;
natement of the above cafe: as it mull be of portico' sr
interell to our military Readers, we now give a more I
detailed account of it.)
'Chic was an anion tried before Sir JAMBS MANS-
VII ta. the quellion and decition upon which is of
confidcrable importance to the difeiplioe of army.
Mr. Serjeant BUT Rated that the Plaintiff was for-
merly a Captain in the 4.3 d Regiment of Pont, and th it .
the anion was brought aitainfl the Defendant" (on
whole diflinguilhed charaner. hoth in hir military and '
ptivate life, he commented at font- length) for a libel
ngainft the Plaintiff, and which libel he coafirlervd as
Is iving produced injviotis emsfequcnces to the Plain•
tiff, ih proportion to the weight of authority froM
which it piece-Lied. It appeared from the Ilatement
that Capt. JekSll had been lent on a reeruitiag patty
from Guetnfev to Jerfey, and had reurned without I
leave, in c mfequaice whe.reof he had been pot under
oriel( by his Colonel (Col.Srewatt).—That Captain;
Jekyll conceiving that he was jullifled from whathad
paljed on the ftibjen of being fent to Jetfey, in re- I
turning, exhibited charges againfl Col. Stewart, on I
which Col. Stewart was blme:Jo to a General Court
blartitil, whereof Sir John Moine was Prefident
That Cot. Stewart waa• ht.nour .ily acquitted, aid
at the conchifion of the judgment of the Court Mar-
tial, they Rated as part of the judgment their opinion;
of the profecto inn, the refult of which Was, that the;
profecution againtl Col. Stewart was gronndlets.
It was contended that theConet Marna! couldonly
give judgment as to the conduit of Col. Stewart, and
that this opinion, with refpen to the cnndat of Capt.
Jekyll, was errajudicial. illegal and therefore a•libel.
That it was doing in this cafe what in ordinary cafes
in the law coot is could only be done by an action for
malicious profecittion, in which the fallehood and ma-
lice were to be moved, and in which the Defendant
would have the opportunity of rebutting furls proof,
which he had not here. It appeared, (in anfwer to a
• quellion eked by Sir J. Mansfield,) that Capt. Jekyll
bad been (worn and given evidence as a witnefs on the
profe:ution, and at the conclithon of tl.e datement of
Plaintiff's cafe, the Lestn:d Judge anted" what was
the publication of this libel?" It was Rated to be the
tranfmillion of it to Sir Charles Morgan, the Judge
Advocate, to be laid before the King for his private
judgment as Eton as the Ratement was made. The
Lord Chief Janice Paid, " Has loch an anion ever
been heard of ? Are the Courts of Law Courts of
Appeal from fentences of Courts Martial ? Sir
Charles Morgan might as well be laid to be a pub-
linter of the libel inlaying the proceedings before his
Majelly, and fubjen to an anion. The Court Mar-
tial heard all the evidence Captain Jekyll could pro-
duce, and thought in their judgment that the charges
were groundlets. Had they not a right to Rate that
to his Majelly ? It would be grange if this Court
Martial were appealed from, and the report they
made to his Majelly were to be examined before a
Judge and Jury, this opinion of the Court is part of
the fentence, and of the proceedings before the Court
Martial. When a profecution turns out to be un-
confeiintious, groundlefs and malicious, how often is
it that a Judge In Hates it ? Another cafe has been
alluded hi of Lieurenant Colonel Moore, in the Milt.
tia, and Colonel Ballard, tried before me, and in
which the Plaintiff recovered 3001. but it has no re,
femblance. The Prefident of the Court Martial had
in that cafe affurned a poWer of committing a man
under circumllances which did not jußify it. They
had, in that cafe, no Nth power, and had millakea
the law—it was for the imprifunment that anion was
brnughr, Which is totally different from this."—
Plaintiff nonfuited.

COURT OF KING'. BENCH, JULY ts.
MIDIB9/11 MID OTIIIMI V. MDR RAT.
The Plaintiffs are proprietors of the (hip Mercurius'
the nominal Defendant, Mr. Murray, is agent of Mr.
Glover, a merchant in Tobago, who purchafed the
fame Ship at public auelion in that ifland. This was
an aelion of 'Troyer to recover the value of the vef.
fet fo bcught on the ground of fraud and collution.
Mr. Getaow Paid, he had often heard of the iaiqui
ty of Well India condemnations, but the perfons con-
cerned in the prefent had out-Heroded Herod. Upon
the impudence and profligacy of this condemnation,
the cafe mull Ilan& The veffel arrived at Tobago,
-when Captain Rnbinfon, who commanded it, occa-
fioned a mock file, in order to convert it to his own
nfe. After the auelion, this perfon remained at To-
bags, took poffeflion of the elate of a fettler named
Berryman, and the latter was made Captain of the
♦effel. The Ship bard been of great value, and the
was fold for only viol. By the defcription of the
Well India fluiveyors, it might be imagined as fafe
to get into a Sieve, and yet, after the fele, the buffet-
ed the feat for fix days without one fubflantial article
of repair, and at the time when it was reprefented,
her repair, would coil 44001. The Sum of 3501. was
laid out upon her at Grenada (and the fame im-
provement would not have colt half the money here)
after which the took in a full cargo for Europe, and
was one of the firft veffels which entered the Thames,
in petit& condition, earning a freight of 24001. Such
a rn,cket y c•-uld not transfer the property, and mull
not invalidate the rights c,f the real owner. If this
w,re admitted, highwaymen and houfe breakets
would Support their tights in the properly they had
plundt red.— After the Regifter was produced, and the
wi D were called,
Lord E 6MIUCH obferved, that a Captain
might hypothecate, but could not fell his Ship.
Mr. PAI MI (for the Defendant)—" Not unlefshe
could make out the cafe of abfolute neetflity. But,
my Lord, on the face of the Regitler I fubmit that,
under the 26th Geo. 111. c. 30. the Plaintiffs have no
title to the Ship. I fay that, though the inffrument
recites the rat of condemnation, yet we Should have
the certificate produced.
Lied E LLLLL oectuou.—* No; the officer is the
judge, if it be a competent certificate for the put-
?ofcs of his duty."
~ ;Mr. PAltilt.—.-" Although his Lordihip has over-
ruled thi, objeftion, I contend, that my elitist, Mr.
Glover, is entitled to the Ihipl for if the Captain
has exceeded his authority, yet Mr. Glover is a
kadfult purehafer, and thefe claimants may feek their
stinadY agaatt tbcic own agent, who bas neglected
trig :My."

Lord Et.t.ifshltootfit:i.'•:" Cm 'you, Mr. kali%
thew m. any cafe wherg a Captain can WO"
Mr. PA 4 II In I-layman vs. Motion your Lord-
fhi p Paid there had been no calk."
Lord E MOUGN.-•••" A fhip is not to lie rot-
ring for no purple ; I never carried it further.—
Gentlemen of the Jury, there would be an infecurity
in the valuable property of (hipping, if every Cap.
rain could difpofe of the fbip as he pleated; yet
where a (hip is reduced to an abfolute wreck, no re-
pairs can be ufefully applied. If in this cafe before
us, the owner could flat have fAd in the ezercife of
; a found difcretion, dive is no foppnrt for this de-
fence.".--Vet dift for the Plaintiff—Value of the fbip,
FreiAtit, and fair allowances, referred to Mr. St.
Dal be, one of the Jury.

:ONSISTORY COURT, DOCTORS COMMONS, JULY is.

FORESTER V. FORESTER.

This was a Wit of divorce or reparation from bed,
hoard. and mutual cohabitation, promoted by George
Tovrnfend Forefler, Efq. spina Ann his wife, by
,I,n of adultery with Robert Paflingham, Efq.—
'itont the evidence produced, it appeared, that Mr.
and Mrs. Forefler were married in 1791, and had
;true by that marriage three children, ail of them
boys; that in the year 1795, Me. l'aflingham having
mart;tl a lady of the name of Eatt„ a coulin of Mr.
Foreiker ; the parties became acquainted with each
other ; that in 1802, Mrs..PatTingivam died, leaving
tout children behind her ; that in 1803, Mrs. Forefler
went to fee her mother at Cheller, who was taken
dangeronfly ill, and fonn after died : at this period
it was firft oblet ved by the fervants, that a criminal
intercourfe fulafifted between the parties ; that after-
wards Mrs. Forefler eloped with Mr. Paffingham,
and they refided together as lawful man and wife, at
Taplow, in Buckinghamfhire, and at other places ;
that in 1804 they proceeded to London, where they
alfo lived together, and paired as man and wife. It
likewife appeared in 'evidence, that Mr. Forefler pro.
fecuted Mr. Paffitigham, and Mr. John Edwards' in
the Court of King's Bench, for a confoiracy, for
which they were fentenced to be impritoned for a
term of years in Newgate, where Mrs. Forefler has
ever fince continued to vifit Mr. l'atlingham, as his
wife, and pal Ted by his name.
The Court was of opinion: that the fart of adultery
was clearly proved, and that the hufbvind was entitled
to the remedy which he prayed, and therefore pro.
flounced fur the Came.

ADMIRALTY COURT, DOCTORS' COMMONS, JULY S.

The Right HOP. Sir W. SCOTT proceeded to the
adjudication of the following cafes:
Ambition, Freeman mater.—This veffcl, under American n•
inure, with a cargo of fugar and logwood, in the prnfeention of
her voyage from New York to Amiterdam, was captured by hie
Majeftra gun brig Haughty, -- Mi.chcil, Efq.Consmanderoind
brought to Plymouth. This cafe came on, on further proof, which
being faisfadory to the Court, the alp and cargo awe rettored,
and the captors capered refurcd.
Vier Gcbrocdus, Obbes matter.—This flip was oaptured in the
profecut ion sf her voyage from Rotten am to Bremen, by his Ma-
jelly's gun brig Cordtant, Lieut. John Stokes 'Commander, and
brought to Yarmouth.—Ship condemned, and eba,ltion of ea-
pencce refervel leappeared that no claim wee given for the cargo.
The Court aro dirpnfed of feveral other cafes of fhips and car-
goes,proved en be Pt uMan p rape( ty lonic of which it condemned
to the Crown, and others to the captors.

I . _
JULY tO.
The Prifeilla, Lake mailer.—This was a emeftion of hinge.
It appeared that this bait, of fluty tons hurtben, laden with a
curio of oak planks, was heft difeovered by his T-lajeftya flip
of Nov Tifhone. --.Bennet, Efq. Common:ler, In a dif•
treffed lituadun, having loft her malts, rigging, and anchor*, in
a heavy gale of wind; that loon afterwards a Dover pilot boat
came up (being °lithe look out) sod toot poffetion of her by di-
rectiao of Captain Bennett. and towed her fate into port; that in
confewswee of the twice rendered, a demand of 130 guineas Wes
made by the pilot-boat, width, on the part of the owners, was
thought exorbitant, and an offer of 45 guineas was made, and af-
termed* tend, red la Court, -which was refuhd by the (elvers.—
The Court was Cearly of opinion (after hearing the evidence read
and the advocates on both hies) that the tender of 45 guineas Wit
fully adequate to the li:refers rendered, and accordingly pronounc-
ed for the fame, with colts only up to the time (nab tender was
made.
Atlas, Pringle mailer. This was alto a (meal= of faleage. In
thin cafe it appeared that the Atlas, with troops on board, bound
Jo th: Welt Indies, met with a heavy gale of wind in the Downs,
whereby the loft two of bet anchors; and in confemienee of which
• ego& was made for a pilot to take her fate Into Ramfgare, in I
order to (apply the fame—for this ft:vice likewife, an exorbitant
demand was made. Ihe Court in this cafe, rejetied the claim of
the Tabors, and coodanned them in colts. .