Star.
London, England, 1811-07-27 00:00:00

NAPAL IN72titOkltta.

PLYMOU lit, JULY 28.
The DAlent gun•brig sailed this afternoon with
two light transports under convoy, for Cork, from
whence they will take troops to Lisbor. The SUR.
TE ILL ANTE frigate also sailed this afternoon, for Co.
runna ; she took three merchant vessels and a trans-
port under her convoy. The SURVEILLANTE, after
seeing her convoy into Corunna, is to cruize on the
coast of Spain.—The wind shifted to every point of
the compass during the forenoon ; but it has now
been several hours at N.N.E.;* if it continues so, the
transports, with the reinforcements for Portugal, will
sail either this evening, or in the morning. The
PEACOCK and TALBOT sloops, and ACIIATES brig are
to convoy them. The TALBOT will go out of har-
bour this evening, and to-morrow morning her crew
will be paid, previous to her sailing.

PORTSMOUTH, JULY te.
Sailed his Majesty's ship HOTSPUR tad BAREAISOZS
for off Cherbourgh. The outward•bound still re=
main.—Wind Easterly.

DEAL, JULY 26.
Arrived his Majesty's ship CONQLF.STADOR, ECHO,
and LOCUST, from a cruize. The &no takes convoy
for Portsmouth.--Wind S. W.
The I.ucy, English, from Liverpool to the Mediterranean, re-
turned to Liverpool on Wednesday, and must unload to remir
damages sustained off Milford, on Sunday night
The James &Maki, Sir William Pulteuey, *:sl Cambridge,
East Indiamen, sailed from Madeira the 6th of Joe. The Ka:.
garoo sloop, and a Sect for the West Indies, sailed from dunce
the 10th of June.
The Sally, Hutchins, from New Brunswick, arrived at Stock-
holm, spoke, on the alst of June, in tat. 46. SO. long. 50. the
Harmony, Gallop, from Liverpool to Newfoundland; and on
the following day spoke the Mary, Stephens, from Portsmouth
to Quebec, both all well.
The Spartan, 44 guns, Captain EDWARLS BRENTON,
sailed on Thursday from Portsmouth, with the Ruby
store-ship, under convoy for Bermuda. Sir G. COCK-
BURNE is passenger in the Spartan to Bermuda, of
which island he is made Governor. Large quantities
of naval stores of every description are destined for
Bermuda, where it is intended to form a naval depot
and arsvnal.
GALLANT Acnow.—The following.are the parti-
culars of the action between the brig Fortune, of
Workington, and a French privateer brig of 1{ guns,
and about 120 men, which we briefly noticed in a
former Paper :—" The Fortune was attacked on the
15th of April, in about 55 deg. North lat. and 20 deg.
Wert long. The action lasted for an hour and twenty
minutes. On coming in sight of the Fortune she
hoisted English colours, and, on approaching, hailed,
and desired Captain Hodgson to send his boat on
board ; which he refused, saying, that if they had
any business with him they might send t heir boat to
him ; whereupon the stranger immediately hoisted
French colours, and fired a shot between the For-
tune's masts, and then gave them a broadside,
which was immediately returned by two broad-
sides. The enemy made three attempts to board. In
the first attempt they poured men in all directions,
eight of whom got into the Fortune's jolly-boat at
her stern, when one of the crew, with great pre-
sence of mind, drew his knife and cut the fastenings
of the boat, which precipitated them into the sea.—
Numbers having gained the forecastle, Capt. Hodg-
son ordered a discharge of musketry,and then charged
them with. the bayonet. Those of the boarders who
were not killed on the deck, were thrust from the
shrouds and chains into the sea. During the engage-
ment the Fortune's colours were twice shot away,
and were at last nailed to the gaff by a young boy,
who, while in the act of so doing, became a mark
for the enemy ; but he, far from being intimidat-
ed, called out to them. Fire away you b—s."
The enemy had a four-pound swivel and ten men on
each top, who kept up an incessant fire on the crew
of the Fortune. Her colours and sails are perfect
riddles, so numerous are the perforations. Her rig-
ging and spars were also considerably damaged ; and
as her crew were decreasing fast, she would probably
have been captured, had she not fortunately shot away
the enemy's fore top-mast, at which time the For-
tune's crew gave three cheers, and the enemy sheered
off. Capt. H. gave her a parting broadside, which
was not returned, and then lay by to repair the da-
mage, and to clear the ship for a renewal of the ac-
ti..n, in case the enemy should think proper to renew
ir. But in two hours after the privateer disappeared
to leeward; and Capt. H. proceeded on his voyage.
Capt. H. speaks in the highest terms of the bravery
cf his crew, and of the great assistance he received
from his passengers, during the action. The loss un-
fortunately sustained by the Fortune in the action is
as follows :—J. Wilson, J. Dickson, English seamen,
Billed ; and A. Oliver, a foreign seaman, also killed ;
Mr. A. Greig, of Quebec, a. passenger, wounded in
the knee ; Mr. H. Sanderson, of London, also a pas.
senger, wounded in the arm ; and three seamen
slightly wounded. The third passenger was Mr.Lahee.
The Fortune mounts eight guns and two swivels • and
the number of persons on board,including her Officers,
three passengers, and three boys, amounted to 19.--
The privateer lost, in killed and drowned, between 20
and 30 in boarding ; but the number killed on board
of her by shot from the Fortune could aot be ascer-
tained.
Loss of the ship Hercules, Captain CkIASE, of Saco,
owned by D. Cutts and A. Stevens :
This ship sailed from Liverpool 17th February,
for Philadelphia, with a cargo of dry goods, 55 days
out, she sprung a leak at four o'clock, a. m. and at
seven, t. m. the water then over her main-deck, the
crew lett her in the boat. The next day, the boat was
taken up by a brig from New-York for Lisbon. Nine
days after,she fell in with the British frigate Gueerier,
bound to Bermuda, the Captain of which kindly of-
fered to take on board the whole of the crew, or as
many as chose to go with him. Captain Citase, Mr.
G. Ruiszu., mate, the second mate, and one seamen,
chose to remain on board the brig ; four young men,
seamen, all belonging to Saco, and without protec-
tions, went on board the frigate, and were landed at
Bermuda ; but, of) their arrive; there, no opportunity
presenting itself for the United States, he kindly of-
fered thew a passage in his ship to Halifax ; prior to
her sailing, however, an opportunity offered to pro-
ceed to North Carolina, where they have arrived.—
The Captain of tbe. frigate politely effered and fur-
nished the brig with provisions enough to replenish
what had been expended by the crew of the Hercples,
and enough to supply those that chose to stay on board
to carry :th.cm to Lisboa."

Lilt? nitiatiVENtlt

COURT OF KING'S BENCH, JULY
_ THOUP3OI:4 swamays
This was an action on a Policy of Insurance on
the Ship--at and from Riga to any poet or ports
in
the United Kingdom with liberty to load and unload
at any port in the course of the voyage. The vessel
sailed from Riga on the 13th of October 1809, with
a cargo of hemp and linseed, but meeting with a
storm, and being driven out of her course, she was
obliged to put into. Rostock ; here, on unloading the
cargo to repair the damage the vessel had sustained,
it was found that the hemp was materially injured.—
She continued in Rostock from the 2d of December
till the beginning of March following, during part of
which time she was froze in ; on preparing to put her
cargo on board, the hemp was found in a situation
not fit to load, and the Captain, to prevent further
delay, took in a cargo of wheat instead of it. With
• i ths the vessel sailed, and was soon after captured by

the Danes.
Mr. PARK, for the defendants, contended, that
under these circumstances, the plaintiffs could not re-
cover. The policy was on a voyage at and ftom Riga
to this country, and the ship originally sailed with a
cargo of hemp ; she was afterwards driven out of her
course, and put into Rostock. This, however, he
did not complain of—it was a port of necessity ; but
the plaintiff had no right to convert that port of ne-
cessity into one of new adventure, as they had done,
by taking on board a new cargo of wheat, instead of
hemp ; neither could they recover under their licence,
which confined them to take in a cargo at ont p( rt
only.
Lord ELLENBOROUGH said, on the policy there could
be no doubt ; jt gave the plaintiff liberty to load and
unload at any port they touched, and although Ros-
tock was a port of necessity, they were at liberty to
do so there if they found it necessary, as from the
state of the vessel they had done. At present, he
was also of opinion that the same plea of necessity
would apply to the licence also. If the Learned
Counsel should think proper to do so, however, he
might move the Court on that point hereafter.
Verdict for the plaintiff—Damages Five Hundred
Pounds.

MARTIN AND ANOTHER V. CROKATT.
__ - .

—........ _
This was an action upon a policy of insurance on
a prize vessel, taken by two Captains in the Royal
Navy. The insurance was £7OO on the ship, and
£5OOO on the cargo of spars, of the San Nicolai,
captured by the plaintiffs in the Baltic. It was
against perils of the seas, at six guineas per cent. free
of particular average, unless the ship be stranded.—
The prize was run foul of by another vessel and
greatly injured, so that, the bad weather she sifter-
wards met with obliged her to put into Warberg, in
Sweden, where the surveyors pronounced her a total
wreck, and whence her cargo was immovable, so that
they were both sold their for %vita failed to cover the
plaintiff's expences in attempting her salvage. The
defence was, that the plaintiff had not abanconed.
Mr. Halsofm, jun. proved that he received the
protests in the Swedish language, on the 13th of
October, that he immediately got it translated, and
sent it to the defendant on the 16th or 17th
who told him to do exactly as if the ship was
not insured ; this was reported to Sweden. On the
28th the witness received a letter from Captain Mar-
tin, desiring him to inform the underwriters that the
ship remained for their orders. This he communi-
cated to the defendant the s:nne day, who did hot
think this a case of abandonment.
Upon being asked by Lord ELLENSOROUGH why,
he did not make a more formal abandonment, he
said, because he had communicated with several gen-
tlemen, who concurred with the underwriters that
this was not a case of abandonment.
Mr. PARKE, for the defendant, contended, that it
was quite impossible for the_ plaintiffs to recover in'
this action, inasmuch as there was no abandonment,
that there was no account whatever of sales or of
what became of the wreck or the cargo, which latter,
consisting of spars (timber), was not a perishable
commodity. There had been two similar eases deci-
ded before his Lordship, wherein it was held that an
abandonment must be an actual notice, not a floating
idea in the mind of the party, but some act giving
the underwriters a tangible interest over the ship.
Lord ELLENBOROUGH at first recommended a non-
suit,but afterwards was perfectly aware of the reason
for the plaintiff's wishing to go to the Jury. There
must be such a notification of the plaintiff's purpose
to look to the underwriters as will enable them to as-
sume the management of the vessel. It would be
always much more wise to use the legal word aban-
don, and give it in the notice. However Lard it was
upon the gallant plaintiffs, whose names were well
known, the verdict must be for the defendant.
BLACKBURN AND STOCKS, D. THOMSON.
This was an action to recover Je2oo upon a policy
of insurance on the ship Elizabeth and Mary, at 15
guineas per cent. frpm London to Hayti, in the
island of St. Domingo, and dated the Fist Dece:nber,
1807. Those parts of St. Domingo which arc under
the dominion of Christophe, have been recognised by
many Orders in Council as neutral, and there is
therefore no illegality in the trade to theta. It has
been repeatedly declared lawful. This vessel fit st
went to Cape Francois, which is under the dominion;
of Christophe, where she sold to him about one-fifth
of her cargo, and contracted with the Adjutant of
Christophe to deliver the remainder at St. Mark's, off'
which place she was met by Captain Warren, of the
Dedalus, who, supposing she was upon some illegal
traffic, seized and detained her. She was carried to
Jamaica, where she was libelled, and condemned in
the Vice-Admiralty Court. The owners appe.ded to
the King and Council here ; and after the cause was
heard at the Cockpit, the sentence of condemnation
was reversed. Upon this last decision the plaintiffs
now sought to recover against the underwriters. An
error has obtained that the assured cannot reco-
ver against a British capture ; but that only holds
good where it is a legal capture. In this it was al-
'edged to be illegal. The vessel sailed from the
Downs on the 28th of January, 1807 ; arrived at
St. Domingo on the 6th of January, 1808 ; sailed
for St. Mark's on the Std of February following; and
was captured by the Ordains next day.
On the part of the defendant it was argued, that
the owners had not conformed themselves to the
licence they had obtained, for there were French
winos oa board) which was not aa, arida permit-
.

-

..

. .
ted, and also Mat shit *ft Ong to eft eflellll4
try; for, at the time the mute was made, that *AS
nbthing in the Orders of Council to thew that Hayti
was not a hostile place.
Lord tbLlßl•oltoocs thought that the most potent
authority was the declaration or the Sfitte drop the
subjects and, when he fnund that it had recognited
that pl ice, which seat ortilnally hostile, to be of a
neutral character, M waii inCamitent upon Courts of '
Law to recognise it aiso2 The Orcler of Council of
the 15th of July, 1807, although fir the indiatent
purpose of legalizing theirade froth Istova Scotia to
such porno( St. Domingo as were bot In the posses-
sion of Franee, yet 'by that he found A recognition
that there were Certain parts of that island not under
that dominion. Besides this, the Court uf Appeal,
having had the grounds of seizure he ore them, and
having reversed the sentence of condemnation of the
Vice-Admiralty Court, the argtiMetst as to French
wines being on board was thereby dont!. away. 9.
could not but consider that a voyage so prosecuted,
and a seisore so made and restored, am tinted to A
recognition of its lesality.—Verdict for the plaintiffs.
JULY l€.—Awreit v. PEW.% T..N S.
This was art action apilott the deftudants, for bev-
ies malicit us'y issued a COn1111:•isiOn of Bankruptcy
against the Plaintiff, which the Chancelior, on the
Plaintiff's petition, had directed to be stiperieded.-.;
The plaintiff, who is a silversmith, La ! acted as agent
for the defendants, Sheffield pl 'ter, anti, as it ap.
peared by the evidence, had ca ried on besiat in ct.t-
dit and respectabllity but though it had been .de-
cidedly proved, that the evidence upon which the
Commission had been taken out was false, yet, as it
furnished the defendants a ground for believing the
truth of it, it was hell that this action coald not be
maintained, and the Plaintiff was accorditigly non-
suited.

COURT OP COMMON PLEAS, WV! se.
ADCOCK V. rates. •
This action was brought.to recover damages foe
defamatovy words spoken of the Plaintiff by the 1)e:
Pendant. . •
The parties, it appeared, were druggists, reiiding
in the neighbourhood of St. Mary-are. Some tint*
since, a suit in Chancery had arisen between therh,
the proceedings in which, however, had been stayed.
As Mr. Adcock expressed an intention of re-come
mencing proceedings, the Defendant, accompanied.
by a Gentleman of, the name of Wilcocks, called on
the Plaintiff at his counting-house, to endeavour tti
prevail on him to relinquish his purpose. A dispute
ensued between Eaintiff and Defendant, and to=
violent language was used. At length the Defendant,
addressing the Plaintiff, said, You have been guilty
of a forgery, for which, if I pleased, I could hang
you." For these words the action was now brought.
It was proved that the words had been spoken—.
but lVir. Wilcocks, who was present, said, he did not
understand them in their literal meaning. He be-
lieved them to have referred to an erasure, in an sc•
count which had subsisted between die parties seves4
yearsiago.
Lord Chief-Justice MANSFIELD observed, that, the
words having been proved, it remained with the Jury
to apportion the damages. He knew not what mean.
ing could be attached to the slander, other than in
evidently bore The words having been spoken in
the presence of a very few persons, were not, of course:
iv. dangerous as, if spoken in a coffee-room or other
public place. Still. however, the words were irnproi.
per, and the Plaintiff *as entitled to a verdict.
The Jury, after a short contaderation, returned tt
verdict for the Plaintiff—Danrages £.50.

Sating, a hackney coachman, was yesterday
fined 405. anJ costs, at Marlborough-street Office, for
extorting 4s. for his fare, from Covent Garden thea-
tre to Rathbone-place, a few evenings since. Though
plying at the door While engaged by the prosecutor,
he pretended he was hired, but agreed to go for 4e.
to which, however, the Gentleman never assented ;
and on arriving at Rathbone.place, he offered 2s. but
to silence the prisoner, he was obliged to pay the ez-
tortionate demand.

Yeiterday, two young gentlemen, one a medical
man, of the name of Simpson, and the other, named '
Atkins, a clerk in a banking-house, were brought w
Queen Square Office, under the serious charge of
having struck, cut, and knocked down in the Strand,
Mr. Thos. Ellis, musician of Covent.garden Theatres
without any provocation.
Mr. Ellis stated, that it being the last night of the
season, he was detained later than usual, and after
taking some little necessary refreshment, was passing
by Northumberland-street, when he heard the step.
and noise of the prisoners (with two others not in
custody), coming fast after him; wishing to evade.
them he stepped off the flags into the middle of .the
street, but was followed, and asked by Mr. Atkins
whether he was an Irishman ? He replied, that he
never.denied his oountry ; on which he was instantly
knocked down with a stick, and had his face cut by
the ferrule at the end of k, or some other sharp in.
' strument. He lost his hat ; his coat, pantaloons, Bcc.
were torn td fragments, and his musical instrument
rendered useless, without erpensive repairs. Being
a stout man, he still held Mr. Atkins against all the
four playing with cudgels at him, and called assts.
I tance to secure the prisoners.
Several of the watchmen were cut and beaten, and
Walker, one of the patrol!, had his collar-bone ac-
tually broken, and was taken to the Westminster
Hospital, where he lies in great pain, awaiting a sur-
gical consultation directed by the attendant surgeon,
who felt himself in want of assistance.
The defence was intoxication--whereupon Mr.
FIZI.DING observed, that it was painful to him to ob-
serve upon the awful case of t.--.o Gentlemen, mho, .n
the event of Walker's death, would be indicted for
murder, or, at least, for man slaughter. It was un.
avoidable to detain them, without bail, until the cer-
tificate of the surgeon be procured, as to the safety ~f
the man's life; and as Mr. Eli 4 was willing to for.
yt:lntshutchsur.an
give them, on'getting due compensation, he was de.
serous of being as lenient as possible, consistent with
1 public justice, making allowance for accidental ine.
I briatiou, and ezeusing any unguarded expressions ox
tceoemlinmg(sldoaftinoanteioinnaplrepsfserreti
soners to be taken to a public-house for their better ac.
occasion. The worthy Magistrate directed the pr.".
[ germ's certificate be produced. The prisovas were
. rtawkled ta, Pis soutidy.
nalcietyworagpraliisao: