Star.
London, England, 1811-11-08 00:00:00

DOVER, NOVEMBER 7.

His Majesty's ship NAIAD, Capt. CAItTFItET, went
past here this afternoon to the Downs, with a French
lugger privateer in tow, which the raptured last night
in this neighbourhood. The lugger had a jury main-
mast set, halting probably lost her proper one in the
thace. Have not been able to learn any particulars,
but she appeared to be one of the largest class.
YARMOUTH, NOVEMBER 7.

Sailed the Locusr, Lieutenant GIDGE ; URGENT
Lieutenant Rloll' ; and the EXERTION, Lieutenant
MURRAY; and the BitiroseAßT, with convoy for Sheer-
ness. The RzovLus and DAPHNE are under sailing
orders. Passed through from the Baltic several mer-
chantmin. Remain in the Roads the Soleb.iy, Vice-
Mvitant, Regulus, Daphne, Castilion,
Calliope, Starling, and Cracker.—Wind W.N.W.

INVERNESS, NOVEMBER 1.
The weather has for some days back been extrem-ly boisterous
t 'ea, with the wind from the east, and of course biassing in.
alt re.—A very large brig, name unknown, was on Sunday night
Off Golspy and Dornoch in the greatest distress, 'having been
4r .'en from her anchors, and being within a few yards of the
Pb Is on the share of EmboL Although she continued to fire
sans of distress during the whole of the night, the surf was so
geeat that no attempt could be made to afford the least assistance.
Happily, however, the wind having shifted, she got out to sea
on Monday morning, although not we fear without conalderable
damage. A number of vessels exposed to similar danger fortu-
nately made their way into Cromarty Bay, where they now re-
main in sarety.
LEITH, NOVEMBER 4.
. The Aacnas gun.brig, which has been twice put back by con.
Crary winds, sailed again from the Roads on Saturday, with her
convoy, 14 in munber, for the Nore ; the C4:IO2UETTZ sloop of
war, arrived in the Roads on Saturday, from the Nore, and sail.
ed again yesterday on a cruize; and the FORWARD gunzbrig sailed
yesterday, with a convoy, to the northward.—On Saturday, the
body of one of the two men belonging to the Plover, who were I
lost. by the swamping of a boat on Tuesday, was found on Leith
sands, near the Beacon., Early on Wednesday psorning, during
$ violent storm, a vessel was seen at anchor off Montrose, appa-
rently a ship, without main or mizen-mast. At ten o'clock she
broke from her anchor, and got under way ; but, being unable to
clear the Redhead, ran on shore on Lunan Bsy, where she no*
lies a complete wreck.—She proves to be the Catharina, Captain
tV2ItS, burthen 252 tons, front Petersburgh for London.—tier
cargo consists of Rau, iron, and tallow ; the former of which has
been landed, the one half damaged—She left Gottenbuzgh on
Friday temsight, in company with 250 sail, seven of which were
calcen by the Danes.—Shortly after they encountered a tremendu-
owl SVe, which cut away her masts, and five of her screw, clear-
ing the wreck, were swept off by a sea, one of which was the
master, who, with another, providentially reached the vessel;
the others found a watery grave. About one o'clock, on the morn.
ing of Sunday last, a Russian galliot, prize to the Tartar frigate,'
lately stranded it ISiontrose, which had been carried up the river,
ind laid on the beach, drifted to sea with a strong stream-tide,
and was dashed to pieces on the Ness. On Tuesday a foreign gal-
liot appeared off Aberdeen, timely among the breakers, but was
safely guided by signals into the harbour, it being impossible for
the pilots to go off to their assistance, the vessel having come
through a heavy sea, and escaped the most imminent danger.—
This vessel, the Vrow Freden, had sailed from London with a
_ _

fleet for Memel, and was in soundings on the opposite coast when
taken with the gale, by the violence of which she sprunk a leak,
and washed part of her ballast.
The French privateer which captured the Pame of London, on
the hath ult. off Shields, took out all her crew save an okttrian
and a boy, and put six Frenchmen on board to carry her to the
nearest port of France. Next day the wind shifted suddenly to
the North-west, and blew a furious storm ; night Caine on, and
all the candles being thrown overboard they could not distinguish
where they were by the compass, but were driven furiously into
the mouth of the Forth. The boy recognized Inchkeith, and da-
ringly assuming the command, tarried litr up the Frith. On ap-
proaching the Rebecca, anchored by St. Margaret's Hope, the un-
daunted boy hailed aloud that he had six French prisoners on
board, and demanded assistance, in the broad Scutish tongue, to
get them secured! When the manned boats came alongside, the
boy resolutely seized the Frenchmen's pistols as his by right of
oonquest, and all the threats of the Rebecca's crew could not
make him part with them.—The prisoners acknowledged the boy
to be an excellent steersman, and considered themselves as ob-
liged to him for saving their lives, as well as the ship and cargo.
Conduct like this In a boy of only 13 years of age, is truly Briti
and will certainly not be allowed to pass unrewarded. It is rather
as uncommon occurrence to see a vessel, tom/minded by the
enemy, taken in the Forth above the Ferries.

We have extracted from American Papers the re.l
mainder of the evidence before the Court of Inquiry',
on Commodore RODGERS, relative to the conflict be-
tween the President and the Little Belt. It is of a
similar character to that we before published.
Captain BINGMAM, we understand, denies the whole 1
of the statement given before the American Court
Martial on Commodore RODGERS ; in which, as our
Readers will have observed, the witnesses from the
crew of the PRESIDENT assert positively, that in the
late action between that vessel and the LITTLE BELT,
the first shot was fired from the latter vessel.
A sailor belonging to one of the ships of war lying
In Leith Roads, late on Thursday se'nnight, contri-
ved to fasten some gratings to a beef block, which he
threw overboard, and immediately leapt after it, and
with great difficulty got hold of it, and by means of
the gratings supported himself until Friday morning,
when he was discovered near the middle of the Frith
by some oyster-fishermen, who succeeded in releasing
. isim (then in a state of insensibility) from his perilous
situation, and brought him to Prestonpans, where he
was treated with the greate't humanity, and in two
, hours aftet landing, he walked off with his satchel,
which contained a suit of clothes and other necessaries.


•

I

tar hvrEtticascE.
ADMIRALTY COURT, NOVEMBER 7.
Oliver Elsworth, ----master.—ThisAmerican ves-
sel, laden with cotton, tar, and turpentine, from Wil-
mington, in America, to London,. was, at the time of
capture, near a French port. The Court had the as-
sistance of Trinity Masters, who were of opinion that
the cau,e of her being in that situation arose from
the course of the tides.—Restored, subject to captor's
expences.
Vrow Elizabeth.—This vessel, under Pappenburgh
colours, laden with pot-ash and tar, from Archangel
to Leith, was captured about ten German miles south-
west of Shetland.—Restored, with freight and ex-
pences, but subject to the captor's eipences.
St. Ivan,— Wacklen master.—This vessel, under
Russian. colours, laden with pitch and tar, was pro.
ceeding to London at the time of capture.— Judgment
suspended till next Court-day.

COUKT OF KING'S BENCH, NOV. 6.

MARTIN AND ANOTHER •. CROCKATT.

IThe ATTORNEY-GENERAL moved fora rule to :hew
cause why there should not be a new trial granted in
this case, which was an insurance upon a prize-ship
captured by two Captains in the Royal Navy, on the
ship and cargo to St. Nicolai, warranted free of par-
ticular average unless the ship be stranded. In the
course of her voyage the vessel ran foul of another ;
and being unable to keep the sea, put into Warterg,
in Sweden. Here she was found to be incapable of
repair, and was sold for what did not cover her ex-
pences. The plaintiffs did give express directions to
abandon the vessel to the Underwriters ; but the evi-
dence on the trial did nor go to the abandonment.—
Then the question was, whether this was not a total
lois, with benefit of salvage to the Underwriters? As
nothing was recovered in point of value, and as by
perils of the seas the voyage was defeated, and the
ship was out of existence as to the purposes of the
voyage, the plaintiffs were entitled to recover at least
upon the ship considered as a wreck. There was no
doubt, but that the Underwriters were entitled to sal-
vage upon the disjected members of the ship; and it
was not: necessary to abandon.
Lord ELLENBOROUGII asked the Attorney-General
to shew him any case in which such a property was
not abandoned.
The ATTORNEY-GENERAL went upon the principle,
and not upon cases. He did not mean to reflect upon
the decisions of the Court; but it did happen, that in
going from one decision to another, one got to an ex-
tent at which one should have been shocked if it had
been proposed to one to go at once.
Lord ELLEN BOROUGH understood what was meant
by a total loss where the thing ceased to exist ; but
there were also constructive losws, where the assured
turned owr a desperate risk to the Underwriter, and
armed him with his authority by an act of abandon-
Inuit. I► the vessel was scattered in pieces all over
the world, it would be quasi not subsisting ; but here
there was a wreck actually sold.
The A►TTOKNEY-GENERAL was old enough to re-
mereb(r the insurance cases of former days, when it
was thought rather a sharp act to abandon ; but now
it was thc ught a foolish one not to abandon.
Mr. Justice Baytev—.Here the thing remains, in
Its rh,,racter of a ship.
Lord ELLE-Ns:mot:cu.—The Underwriter could
only be put in the plaintiff's place by a formal aban-
donment.
Mr. ATTORNEY-GENERAL—He is in•our place and
is entitled to salvage.
Lord EttaNsonouou could only think as he did,
consistently with former decisions and long practice,
and he was not disposed to ventilate upon ,he sub-
ject; otherwise there would be no fixed practice in
the Court.
Mr. Justice linvnav—,The wreck was sold, and it
depended upon the mat ket whether there wale total
loss or not.—Rule refused.
NOVEMBER 7.

At the sitting of the Court, Lord ELLENIOROUGW
delivered a patent, which he desired to he unrolled,
appointing his son, the Hon. Edward Law, and Os-
borne Markham, Esq. to the office of Chief Clerk of
the Court. They accordingly took the caths and their
scat at the Table of the Court, Lord Ellenborough
covering their heads with the caps e f office. •
Lord ELLENTIOROUGH called Mr. Pollock, who had
moved yesterday for a Rule to chew cause why the
rendering of a principal Debtor by his Bail, on the
eight entire day in Teim, after the return of the writ,
exclusive of Sunday, should not be held sufficient to
exonerate the bail, and desired, as cti looking into the
matter, he found the point had never been decided,
that, instead of being refused, the rule niri should be
granted.

RAPER V. aIRCERECK4
The ATTORNEY-GENERAL moved for a Rule to
chew cause why there should not be a new trial in this
case. It was an action brought at the sittings after
the last term, by the indorses against the last indor-
sers of a bill of exchange. The tact was, that the bill
had been accepted, payable in case of need, at Messrs.
Boldero's, who had paid the bill for the plaintiff's
honour, and had, by mist,ke, cancelled the accep-
tance, noting the cancellation to that effecr. This
was proved at the trial, and the plaintiff had a ver-
dict ; but all the intermediate indorsers refused to ply
the bill to the defendant, on account of this cancella-
tion upon the face of the bill ; and the Attorney Ge-
neral submitted, that the defendant ought not by the
act of the plaintiff, to be burthened with any doubt
' in his claim upon the indorsers of the bill to him, and
, with the necessity of proving all this history in an ac-
tion at law, before he can recover his right. The de-
fendant must be placed in the situation of a common
and rscr. Provided no other person but the parties to
the cancellation were affected by it, it would be no-
-1 thing; but the mischief would be extreme, if the can-
cellation, which was the act of the plaintiff's banker,
t were not in this case held binding upon him. Sup-
pose the witnesses were to die, and it could not be
proved that the cancellation was a mistake. The de-
fertdant only made the objection to the plaintiff which
the previous indorsers made to him. -
Lord ELLINHOROVOH granted a rule to sjrew cause
on account of the importance of every thing which re- I
lated to the law of bills of exchange ; but it was a
rule which was not likely to be made absolute. Sup-
pose the cancellation had been made by a blot, or by
a burning of part of the bill, so that it would have
, been essential to produce evidence as to the actideaul



*gem of the cireunistanee.a. eepelled all one's
&an's to say that this could not be explained away
and set right by evidence ; and it was too much to
say that an innocent party should suffer by any such
accident.

ISRAEL V. ERNJAMIN.
fr. GAR/tow moved for a rule to chew cause why
the nonsuit which had been entered in this case should
,not be set aside, and a vet-slice entered for the plain-
tiff. It was an action at the last Middlesex Sittings
for a bill of exchange at two months of £5O, with all
legal interest ; and Mr. Garrow's only objection
arose upon the Stamp Act ; for as, when the bill be-
came payable with all legal interest, it would be a
bill for £3O. Bs. 4d. and not for £5O, it might to
have been on a 3s. stamp, and not on a Is. 6d. stamp
as it was.

Lord ELLENBOROUGH said, that the objection
would have been strong, were not Mr. Garrow turned
round by paying I'2o into Court upin the declara-
tion generally, which amounted to an admission that
the stamp was valid: therefore, cadit gurthe.