Star.
London, England, 1804-06-28 00:00:00

FROM LLOYD% LIST.

G tttttt ND, 101111 a•.—Palled by the Saco* Cobb, keel
Relic ; Emmaus,. Bowman ; and Carlos, files Stettin
Vrow Hckia, Oftre ; Vrow Margaretta, Swaker, and Vrow Ma-
nx. Mond•, from Embden ; Jonge Haram, Mack, from Harlingen;
Vrow Elias, Hendricks; kndraght, Staten; and Vrow Eliza-
beth. Freyer, from Ro•terdam. Sailed the New Syrene, Hughes,
for Dublin ; Stidalena, Evens, for Stettin ; and the
Nordoks, for Embdcn.

Letters have been received in town by the friends
of Lieutenant Gaamr, who commanded the hired
armed cutter Hawk s, and WAS taken atter gallantly
attempting the recapture of an Englilb veffcl in the
NVefer. It kerns he, was wounded in fit diff:rent
place• ; thrice with mulled balls, twice with haytinets,
and in the lace with a cutlafs. Two nf his brave at•
tetilatits tell by hi; itde, killed ouiright ; three were
defreraiely wounded, leaving fla out r.f twelve to
combat forty of the enemy, lying in amhulh on board
the contelled vetfel, with a riench army in a fituat
to Lieutenant GRAN] (peaks in high terms of
the kindnvlS, holpiraiity, and !cosier/of, of the con•
quetcrs, chiedy intlitenced by their admiration of his
illant, dating, although urf v-efsful attempt. The
Lieutenant's arm is (battered from the elbow to the
hand: amputation is meeffary ; and, from kis aim
wuushl., his recovery is eitstmely doubtful.

LAW INTELLGEI%GE.

COURT OF r.XCHEOSER, JUNE 27.
LIBEL.
aDitlllAt. IMILItiILIY V. CONGILEVI AND OTHER'S.
Mr. EltS.Wltigfaid, he appeared as Counfel for the
Honourable and Gallant Officer who was the Plain-
tiff in the prefent aelion, and who now found him.
Pelf obliged, in defence of his charaeler, which to
every honourable man was dearer than his life, to
demand from a Jury of his Country fome compenfa.
don in damages for a aloft foul and atrocious libel
publithed againtl him by the Defendant. The De-
fendant WAS the Proprietor and Editor of A Paper
called " The Royal Standard or Naval Regider."
If Inch a libel as he was now to lay before them was
Differed to pafs unnoticed, it might go down with
theilec Record and
Nava, Hi anootroynol of y thea Country;roy
: r
the reputation i trutho and
ndufloian-
ratter of the gallant Admiral for the prefent, and
all future times, but would be an endle fs Rain upon his
family, which his children and his children's children
would feel when he &mild be no more. The caufe
which provoked the writing of the libel VAS undoubt-
edly fome expreflions which, in the courfe of his
Parliamentary duty, the Plaintiff had made life of,
which were fuppofed to relied on the junior Mem-
bers of the Admiralty Board. Although for the fur-
port of our free Conttitution it was -neceffary that a
perk& liberty of fpeech fhould be allowed in Par-
liament, and that no man flould be refponfible out
of doors for what he had faid in his place in Parlia-
ment s although no Court of jußice an the Country
could take cognizance of ezpreffions ufed in either
lioufe of Parliament, yet there certainly did ezift
to this Country that Freedom of the Prefs which
allowed any perfon who felt injured by any ezprer
form in Parliament to refuse teem, and thew that
they were undeferved ; but the Peek would not be
Coffered to publifh foul and abominable libels againn
Members of Parliament, and men of high fituations
in the Country, without giving them rearefs againli
their Libellers. There could be no doubt but this
libel originated in party malice and calumny againft
the Honourable Admiral on account of his Parlia-
mentary condo& He Ibould next confider the
nature of the libel, and the application of it. The
libel imuted to him a coliduernioe unworthy of a
Deitiei Officer or Seaman ; it went to Rate, that in
the memorable viably of the Ift of June, the Plain-
tiff, who then commanded the Marlborough, bad
baosefully left the quarter deck ;tithe middle of the
ADM to philter binifolf in the cockpit ; and that
teasing to expoCe himfelf to . any farther danger, be
e.iled fli, and retired from the krvice ; it
thatit was the Era Lieutenant who took his
and fought the Dip with great gallantry. for
el it be was immediately promoted. A More fell-
skssittx than this, it would be allowed: could not
again* a Deities Officer; if it was true,
attired not only infamy but death : if it was not
DI; however (as he Ihould prove it was utterly
Istease), the 'My Mutt feel that it was a cafe which
called for the moll (aims daniages. The real cafe
was this : Admiral Berkeley had fought his Dip in
the woe gallant manner againft two French (hips of
the line, the Impitueas andthe Nadi-. Servola, both
. of which had Riuck their en
ds
to the Marlborough.
when a Fiends i zo gun (hip came upim her kern, and
Fr
• red in a broadfide which completely raked the
lborough. killed and wounded a prodigious num-
of men, and, among the number, Capt. Berke 4
Matted a revere fplinter wound in the larch
which 'deprivedhim of feufation for a confiderab
time. and left him in loch a Rate that he could
not pitiably Band upon the quarter deck. The
sanest Lord Nelfon, whole name was in every
tosooth, had received a wound precifely limiter. at
;the, Battle of Aboukir, and was alto obliged to be
-carried off the quarter deck into the cockpit.' The
.Learned Counfel then read from the Gazette the
pei titular thanks which Lord Howe had given to
.Coptaia (now Admiral Berkeley), for his condo& on
,tics day. All that he had Rated of the over kik.
.nod of thelibele he Mould prove in a manner that
snob for ever Game calumny on this fubjeift. The
Surgeon of the Marlborough who dreired his wound,
• was then in Court, who would prove that his wound I
was fo ferious as to compel him to leave the qttai ter-
deck. * Other Medical Gentlemen who attended him
fubfeqnently were ready to prove that the wound
received mull have produced a violent concuffion of
the brain, and that part of the bone of die Dull was
carried oil: he had alto in Court, as a withers, Cap-
min Montague, then Firtt Lieutenant of the Marl-
lsoesaigh, who relating this fort of compliment that
was meant to be paid to him at the capence of the•
!Plaintiff's charaiffer, was ready to prove that the
coodoe of Admiral Berkeley on this occafiam, as
well as'itany others, was that which became a Bri
tits Officer, and that be did not leave the quatter-
deet till it was impoffible for him to flay longer upon
it: Having laid fu much of the nature of the libel,
'k remained only to him to point the attention of the
Joey to the application of it : it is true the Plaintiff
was not named. but he was deferitaed in Inch a way,
by (herring that he was a Captain of a line of
battle Chip whl had been in the lation, and who was
fucoceded by his Full Lieutenant, fine promoted,
• that no naval man who read the libel could have the
kati doubt that it was the Plaintiff who was alluded
4n. He then mentioned a cafe bcfure Lord Maas-
lilltLlN brought by Mr. Hookham, when he lived in
Frio ce,,-firee t . Hanover-fonare, again(' a libeller,
who laid that a perfon refitting not a hundred miles
from Hanover-lquare, had forged tickets of admif.
fion to the Ball g,iven by the Knights of the Bath.—
Lord Mailer ics.n faid, that as it was alledged and
proved that Mr. Hookham Was the rnly patois in
that neighbourhood who •lealt in thole tickets, the al-
lulion was fofficiently plain, and the Jury were of the
fame opinion. He thought it ponces trary to ;wake
any obfeivations on the atrocious matter i f the line!,
and lie bad little doubt but the Jury mull of them-
f Ives perceive the (crimp, nature of it, and lie could
satisfy them. beyond a kh.obt, that the Plaintiff was
the rerfon alluded to in it.
Samuel Burleigh proved the purchafe of the Paper
in the 111.-p of .4 The R,121 Standard."
The Iliad was ihen read : it was of crania 'enable
Ungth, and contained, among others, the following
teg.a:liALlc espreffion.-
- A !,0.--. 4.4 not always to be kronen We ervertrg. We
thwee 1., I, 5. r.I It. rr .w. ox of a ',Wei. t ill Mllrtilling ail
.7 0,, :1, ~ amass ... Iv. thole Okvas vibe bale led theta ,al
4-oa. ow-lea tly a au. who =wee dads brave &Aim !n las life ,

who, on the tft of June, a &rime meter's day, (And it ton
hot for him, and chofe to exchange t. e twat of the quarter deck
for the made of the cockpit, and was immediately fureeeded
command by Ma Lieutenant, who fought the 04 gallantty, and
was immediately promoted fee hie conduit. 1* at terwards did
net attire to more himfelf to limner danger, bet thought it better
at once to go into pert."
This letter was figited, " Jack Quick-Match."
A perfoa from the Stamp Office proved who were
reginered as the Proprietorsßoyal Stan-
dard." And a perfon from the office of the Royal
Standard proved the name of the Editor.
Mr. Romney, the Surgeon of the Marlborough on
the Flea of June, 5794, proved, that he dreffed the
wound which Admiral Berkeley bad received in that
anion ; that as foon as it was dreffed the Admiral
(then Captain Berkeley) attempted to go upon deck,
hut fainted upon the cockpit (lairs, and continued for
a long time in a (late of infenfibility. From the wound
itfelf, and all the fymptoms attending it, he was con-
vinced that there was a ferions concuffion of the brain,
which made it abfolutely impoffible for Captain Ber-
keley to have remained upon the quarter deck.
Mr. Forbes was a furgeon, refident in Loudon,
and vilited the Plaintiff about the latter end of July;
he had feen the wound in his forehead, which had
partly exfoliated the fkull ; he was convinced that loch
a wound mutt have been attended with loch a con-
cuffion of the brain, that would render it impoffible
for him to remain on the quarter-deck asCommander
of the (hip. He thould have judged, from the ap-
pearance of the wound, that it mutt have produced
idenfibility and llupor alveoli immediately.
Mr. Cullen was a furgeon who attended the Plain-
tiff when on board the Marlborough in Cawfand Bay.
He had a flying gout about him, for which he pre-
leribed to him to remain on (bore, and ufe as much
etercife on horfeback as poffible.
Captain Montague was then called : he gave a i
I complete hiltory of the battle of the in of June, es
I far as the Marlborough was concerned. At a tittle
I after nine o'clock in the morning, the engaged the
French thip l'lmpetueux, and the Matins Sczvola
came up to her relief after the was pretty well handled
Both the French (hips had Rruck erten a French Chip,
of tso guns, coming under the tern of the Marlbo-
rough. raked her with a broadfide, which killed and
wounded a great number of men, and did a greatdeal
of mifthief: it was then that Captain Berkeley re-
ceived his wound; he came up to the witnefs, his face
'then (reaming with blood, and bid him take his
(word and the command of his (hip. He was con-
vinced that upon receiving loch a wound it was ibfo-
lately neceffary for the Plaintiff to quit the quarter-
deck. and that it would have been highly improper of
him to aft in any other manner than he did. Be bad
been near him for two hours of the *llion, and on
many formes occafions in critical circumltancesa
always taw the Plaintiff behave with that courage
and !kill which was to be expefted from a Brit&
Officer, and not at all like a *rod. Whet; he re-
turned home. from his cruising Ration ()tithe Black
Rocks, there was no chance of the enemy coming
out. or of an engagement, acre Am dere isogon ; and
be was fore be never would have come home if be
had expelled the enemy to come out. He had known
the Plaintiff for above twenty-four years, and that
was his general charafter ; as to the application of the
libel, he raid it was as clear as the fun at noon day
that it alluded to the Plaintiff, and to no body site,
as there was no Captain now alive, who on the *ft of
June had been Co fucceeded by his Lieutenant, who
was immediately promoted.
Sir Charles Poole was then called : he merely, de-
pofed that from certain expreffions that dropped from,
Admiral Berkeley, in the Houk of Commons, to
which the libel referred. lie confidered the attack to
be direfled againft that Gentleman.
Lord Duncan depofed. that he had many oppor-
tunities of witneffiqg the condo& of Admiral Berke-
ley, and thought him a brave and a good Officer.
'The evideoce for the Plaintiff hying thus doled,
Mr. Dacus, Connfel for the Defendants, rote, and
made an able fpeech in favour of his clients. He
Agreed with his Learned Friend (Erfkine) that the
love of fame was in general the love of limit. This
reputation ought tole dear to every man, but more
iparticulatly to a Naval Officer, and that it was un-
doubtedly proper in Admiral Berkeley to come for.
ward to defend Mullett' in cafe he thcught his fame
attacked. He then adverted to the circumflances of
the Defendants; two of them, Pearfons and White,
the one the printer, and the other the publilber of
the Royal Standard, were young men with families,
upon whom even the colts of fuch an aftion as this
would bring down abfolute ruin. No man was lets
likely than himfelf to fay that becaufe a perfon was
not able to pay damages, that, therefore, he was to be
allowed to fiander the charafters of others with im-
punity; but be thought that their fituation ought to
weigh fomething, as it had been admitted on the other
fide that the paper in queflion had not been publithed
with any malicious snotives. The foie proprietor of
the Royal Standard was Mr. Congreve, the other
Defendant. He was anxious that Whatever blame
could he attached to this Publication thould fall upon.
him alone. He could not fay that his client was de.
(ceded from a long line of illuflrious 'ocelot's, as
had been Paid of Admiral Berkeley, but he could fay
that he was honourably defcended. the fon of a Ge-
neral Officer, who had. on many occatirma, done
confiderable fervice for his country. His client had,
limn the molt patriotic motives, fet up thiv Vesper
(The Royal Standard) in oppofition to another,
Weekly paper, Cobbett's Regiflera which, he thought.
contained matter injurious to the Coonitution and
good Government of this country. The publication
which is here called libellous, had been admitted,
through inadvertency, or perhaps indifcretion.—
The owner was a young man of good education,
and bad, to his regret. engaged in an undertaking,
which, of all others, required the greaten caution
and prudence. Some allowances were. therefore,
to be made for a young man under loch circum-
Rance,. Mr. DALLAS then adverted to the libel it•
felt, and proceeded to comment upon it. Here he
endeavoured to (hew that there was no part of it
wh,cli fo evidently applied to Admiral Berkeley as
to enable the Jury, on their oaths. to fay that the at
tack was defigoed agaitill that Gentleman. Who-
ever was the perfon alluded to, he was deferibed as
aft, cut. as a perfon who had only been once in an
engagement, and bad run away. Did this apply to
Adnutal Berkeley to—No. The Plaiatiff'• own wit-
Deices proved that Admiral Berkeley had been ill
many perilous engagements, and had always behave I
honourably. He then proceeded to late the Law of
4bel, mid mentioned the Judgments which had been

given. in the elle of keret tae)e. ty tit& Joh-
ments it appeared that nothing could be i libel ex-
cept the name was mentioned, or hnlefsthe' applies-
tion was obvious to every perfors. Here the 'appli-
cation was not obvious, and the libel might be direa.
ed asphalt Tome other perfon different from thk pre-
fent -Plaintiff. In cafe, however, the Jury fhould
not agree with him here, the next confideration was;
What injury the Plaintiff had fuftained, and what
anibunt of damages he ought to receive ? The libel,
in het, if filch at could be called, was nothing but
ribaldry and trath, and could injure no man's charac-
ter. There way not one in Court who did not laugh
at
.7aci ..Zafick-3:ateh'e attempts at wit; hafleadof coati-
doing it as a foul and flandetous publication that
could excite indignation, it was a fort of abufe that
fcarcely deferved attention; and even if it were to
defcend to pollerity (of which, however, there was
no great danger), as his friend had intimated, this
could never be confidered as a fcrious attack by any
petfon either in this or a future age. As for the de-
gree of injury which the Plaintiff had fullained, it
an truth, upon his own evidence, amounted to no.
thing. Admiral Berkeley was well known to men
of the firft rank and reputation in the Naval fervice.
It appeared that they had not a work opinion of him
for this libel, as was proved by the conftellations on
the Bench, in which every ftar was one of the firft
magnitude (alluding to the flan on the breafts of
Lord Duncan, Lord St. Vincent's, Lord Hood, &e.l
&c. who fat on the Bench). If, however, Admiral
I Berkeley had fuftained any injury, the very circuit-I
Rance of the ptefent trial was an ample compenfation,
I and would do away any bad effeets that might hate
related from the libel. Upon the whole, he left the
confideration of the cafe to them. '!'hey would Dot
put themfelves in the place of either the one or the
other of the parties, but would ad impartially be-
I•tween them, 'and he had no doubt that every party
I would be fatisfied with the juftice of their verditlt.
Lord Chief &TOR MACDON•I.D. previous to fans j
using up the evidence, made louse remarks on the
I nature of libels, and of the defence which bad been
fet up. It had been laid that the libel was publifh.
ed by inadvertence and through hurry. Was the j
cheekier of' any man to be faerrficed to the Detest.
;slant's hurry ? The remark, if there had been any
thing in it, would apply better.to the Editors of the
Daily Papers. But this paper was only publithed
weekly, and the Editor had fall time to examine the
matter put into it. It was then Paid that he was lel
man of education. Was this an creole t certainly
not : it was rather an aggravation of the offence, for
he might have known better than to publill libels.
Why then,it was laid, that Admiral Berkeley's
charaBer ood too high to be injured by a publics-'
tion of this nature. By this rule' honourable men.
could never be libelled, 'and rogues were the only
perfuns that could be flandered. There was cep,
tainly nothing in all this that could fern as a defence.
The two points for their confideration then were,
whether the libel applied to the prefent Plaintiff, and
what damages ought to be allowed ? With regard
to the former of thefe points, he would read the evi-
dence and the libel, and then point out the applica-
tions. Ilia Lordfhip then fummetl up the evidence.
Having afterwards read the libel, be adverted to the
circorallances that necciiarily led to its application
to Admiral Berkeley. He was the only 'Captain of a
Ihip now alive who was tanuaAed in the engagstersent
of the aft of June. He was-the only mann wade
Lieutenant on that day was Made Poll Captain.—
He was the only Captain on the all of June who re-
ceived a wound of the nature defcribed. He after-
wards leftthe (tenon off the Black Rocks. from ill
health, and this ton was adverted to in the libel. AU
who were acquainted with the. circumftances of the
' cafe were convinced that it alluded to Admiral
Berkeley. Undetall thefe circurnflanees it was for
them to fay. whether any doubt could exill in a ra-
tional mind, that Admiral Bea keley was the perfoa
alluded to in this libel. With regard to the quantum
of damages, that alto was for them to confider. They
had heard the defence that had been fct up ; they
had heard the excelfe made for flandering an honour
able charader, and they would give fnch damages as
the nature of the cafe fhould appear to them to de •
mind.
The Jary retired for about twenty minutes, and
then returned, finding a verdiet fur the Plaintiff, It-
ges lucol.

Yeßerday Mr. Recorder made a Report to his
MaitsTy of the following ptifonets under fentence of
Death in Newgate, viz.
J. Had, for teturninz from transportation before the expiration
of his term.
Mary Simmons, for Reeling tmlve yards of mullin, the pro-
perty of Eleanor Neale.
_ T. Ivory and S. Turner, for ftealin; a mare, the property of J.

Utl
T ey..
BOW and J. Taylor, for Meal ing and entering the dwelling
!mule of T. Hattant, and Reding a LW. contahtinga ttuantity
copper coin,
Sarah Whitey and Ann Haynes, alias Fore, for uttering as doe
a forged bank note.
B. Wfiliams, for !leafing fifteen dnsen of fhawlt, and other ar-
ticks, the prop rty of J. Pratt, in a boat in the Rln r.
Harriet Clark, tor Ile :Atilt three pieces of printed tattoo, the
property of T. Moneta and W. :Inselhunter.
Jane Marlh, for flealing • watch, the property of 1) Hubbard.
J. Ellifon and W. Jack ft .n.for iicaultlng J. M.tinfieLl on the hLgtiv
way', and robbing him of a Myer watch. s
Ann Cotterell, for finding Afty.fivc bsndhcrehlcts, and other
articles, the property of W. Kerrofon ; and
P, Hanford, for forging and uttering an order for the payment
of 7411. in the same of J. R. Ripley, with intent to deft and A. Ito.
hurts and Co
• • -

—.—
When Providence Ilinfard was ordered for exec&
'ion on Tharfday neat. the s;h i! iy of July.

NTARRIILD.
By Special Licence, 't 'I hen 1,,t, y, Qn-en'e County, Cothran
Palmer, of kulhall, I .1. Hieh Murat of (Ail county, to Tllft
Eliza l-aurtnfon.delehttr ol Edw. Lauunfon, late of Rathmoyle,
in fah! county. E(q dcr,oh.d
Left week, at Qn. en's.lquue Chapel, Bath, Major•Gentral
armada, to Mrs.