The Statesman.
London, England, 1818-12-10 00:00:00

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;7W:col Op
Co., end • fitledlit
the 9th of June,
cameVe hitol ' Ale f
he ersold *CUM . _
'knowing Mr.; ' Berke; A ;• . Vidt, ' 01001ir
Alurise'S.oferivrea'biWisPott the hoses of Freer*, eV
;Loudon, fortrwo hominid pt ettific be atsenvetilead-
Laneco'the-Moiley. ittle"istinPetalhei Defetillaitti lot
'keown tivtlas. ''` .1(1 e• .1:107-••:•• • ; ~,o.:. l't.
This bill was ready darted! 10dtifork, 113131010.
days' sight,- and are eetepthuierbetd.
This, bill was duty' OIL c:Upon this credit, ad-
vancers thiere mode to • the elineent of .3131. on elders
of 'fille..Borke 'which Wain diechtegled by bills on
. rminch aittl'Cr;. In the Isiitimi of cleanierthe ship,
'another resod sostainedit'reillinginitry,=which heft
',minted by an arbitrator, to the acssotrot ef.541. Wee
also paid by bilis en the saint house.* The Patialtri
was lying In the-roads. Upon getting riot, once deli
the San Jerre was observed to give her chic*. Sal
bad got no mote than four miles, when she returnedl
and wee followed by the San Juan. The followlos,
day) she left Guernsey, having en board Messrs:
Walsh and Bork'e. Accounts bf all these &woe I
were regularly transmitted to Mesarr. FreeCh, ell
London. In the accounts produced, credit wiliglvel
to Mr. Burke for different payments.
Robert Mowbray proved he had piloted the Saw
Juan into Goerbsey, In June, 181; for Weis be'
was paid, by orders from Mr. Burke on *NOM
Collier'.
JAC Henson, another pilot at Guernsey' *OA
partner of the last witness. He was employs: t Kit
day the Palmyra got under weigh to pilot oat the Sati
Jean. The small way was Crowded, and' they were
obliged to ship the anchor. He had told Mr. Burke
the impossibility of getting oat- *Minot shipping the
anchor, and he desired to have It One to. fin (le-
aked to be datrif-d the same way as the Palmyra,
which was then ender weigh. When they bed got
op two:thirsts the Great Russell, the Palmyra turned,
and ho could not acCoeut for this otherwise than that
the tide was anent. He had received no orders ex-
cept from Berke. He thought he could have got
out, being a faster eviler than the Palmyra
Sir J. Doyle, the Governor of Guernsey, in 1813,
'recollected two persons appearing before him in that
year at head.querters. Burke stated himself to be
passenger aboard a Spent* 'ship then lying- in tit
roads. He represented Mr.' Walsh to be an ofßcAlt
in the Portuguese service; No `writteu eeport Ai
made of what passed, but it was bade from the
scription the passengers gave of themselves. Buda,
the only spokescnate, represented he came from Csi-
runner, hot said nothing of bow long he would stay at
Guernsey. The circumstance of a neutral Inset be-
, ing pa raced by a Spanish privateer, excited great
alarm among the merchants. A Mr M'Culloch, who
had property in this trade, snide a special report on
'-: it', end he thought it his duty as Goveruor, to institute
:- an enquiry. From the short acquaintance he had
1 with Burke, he had conteived a high opinion of him.
Tore Spanish
lVitnehintseCif"i
hadt a% deotveio
rjsas' alsotiaon with attended.---
thee 'ded'
Si pani—s it
CepSuie by wens of the Spanish Consul, Ilit.
,M ore.
3dr. Burke asithee confirmed %relented his intention
' sitieJadtt .11,e vesiil ; but he 10inily inititeti-grafnl
his tighTlitiking her, if l thought fit. Bu;keinit
• it bypotlettiedly, if he wised to 'take it he could,.
and the reunion of his returning was his ignorance of
the channel.
Crosssexamiued.—He did not deny his right ; his
reason for insist7og upon the right was, that the Bzi-
tish licence mig`tt protect against their. own privateers,
bat not against Spanish. Burke said he would
trounce the Whole navy royal, in the'lourt of Ad-
miralty, in London, if they interfered.
- David M'Cultocn was a merchant itt .Guernsey in
June, 1813. ;The Palmyra was then lying in the
Roads, a licensed ship consigned to the witnessi's
brother.. Ile saw Mr. Burke at the'Government•
house on the evening of the day the Palmyra sailed.
At this interview, Berke argued at some length on
the legality of the attempt, if it had been made.
The. subject of the conversation was, the right of
• stopping licensed ships. He would dare the guns of
amen of war.
Lieutenant Gordon, of thy-Dwarf cutter, was a
Lieutenant of the Royal Navy ; was off Fecamp in
July, 1813; .be came up with a vessel bearing the
Royal Spanish colours, which are not the right co.
lours for a privateer. Upon going on board, be
asked for the Commander, and was shown Jose An-
tonio de Lost. Wittiest asked him his destination,
and be said'he was booed for Dover. Observed the
brig was armed completely for fighting. The crew
appeared to be all Spaniards. He took the liberty
of going into the cshin, as the Commander bad failed
to ask him. A Gentleman of goodly appearance
presented himself, apologizing for not laving ap-
peared before. Upon asking if he was net froni
Dartmouth to Dover, he leplied, yes; but he had
instructions to crake for a time, and make a prize of
a vessel he could Dot tench, Witness, warned isiew-of
the propriety' •f communicating with the seniog
ellicer of tbe station, end told him he had never seen a
privateer in these narrow waters. Ile said it did .
not answer his purpose. 'lbis Gentleman was Mr.'
Walsh, who spoke to him in English. In tenderness
•to him, he did not muster his crew, as was his duty,
ai he alleged theta were no British subjects on
board. No orders had been given by Walsh, in his
presence ; but from the circumstances under which
he appeared, be took him to be Captain. He sent
neat day as officer on board, and then took posses-
sing) of the genet. Wakh came on board his ves-
sel. Upon asking him why he did not go to Doter,
he said it would ;nigh the object of his cruise, and
threatenA damages against the witness to the antoont
of 90,4091., besides being amenable to the Govern-
ment for tekieg a i'essel belonging to his Catholic
Majesty: lie produced a passport, signed by the,
Consel•General at Corunna, and this, with other,
recommendations, induced the witness to recal Ow
order of caption. This took place on the 10th of
Jtily. On the llth, befell in with the brig Carlotta,
sailieg under Danish colours, and n regular British
licence, bound from Hare to London. The San
Juan had, on the 13th, taken a position between the
Carlotta and Htvre, iu such a way that she could
not poor. Her licence would bare ezpired the neat
day. • The wind sprung opt and the brig bore eu,
armed for Warding, bat the witness's Ulcer refnied
to Suffer it.

ft . low be re.
had no ressoo to

ptaio Lost yias

hoard the Dotal'
ibim they had, charge the brig, witness
iieard Walsh my, helm waiting for a Danish
tit daietithe vfittless to stop him.
<Mr. I.thlowick• 'Koffman, the inastgr of the Car-
ta, of which timidly' Amiens" Lott was owner,
s employed at Boardeass ;sailed from Londlio the
of Joly, 1813, to , Barret With coffee, sugar,'
end pepper. She was 25Q or .260 tons hurthen.
Met a vessel *ring Spanish, colours. Ile was asked
the Berne of. theireseel, and upon learning it was the
Carlotta,
.Walsh said he bad it in his list, and with-
out 000seltIng *by One on board, said he would take
the ship into Portsmouth.
WitnoN ii WI/Mame. In 1812, he had been
espi•yeesi Mhster 'of the Carlotta. Sums of the
mew were Italians, some Dines, hut on French.
Mr. Clarkei absignee of the bankrupts, was then
iltatellscd) teechlng the books of the firm. Loire
items applirod charged to the account of the Pitt
advatterr, to these accounts. It was this witness
who had found the letters produeed in the counting.
basica( the Defendants; to the reading of which
Mr.rlett objected. On his cross-examination,
he adiatted he had received A consideration of 20001.
for Ms services in this action. Though he claimed
lobe a creditor on the estate of Messrs. French, for
6 or 70001. btathelited he was himself a bankrupt in
1812.
Richard Blanchard, of the house of Blanchard,
Wilson, and Co. had shippedd• on board the Carlotta,
goods to a peat amount.
Mr. SestaErr rose to reply, in which he chiefly
lamented the silence.the laws of evidence imposed on
him, and urging bow painful it wee to his Clients to
be obliged thus silently to sink under so odious e
charge; he trusted, hnwevei, the Jury would d
that justice by their verdict which the nature dt
the evidence on the other side made him expect.
Mr. CAMPBELL followed for another of the
fenriants, Mr. Walsh, at great itingth. •r*
Toe CHIEF Jurricit, at summed op
to the Jury the evidAtte, lido; little hesitation,
found ail the Defendentatirtiky, hut. rectimmendtd
Augustine French to mercy, in consideration of bit
youth.
This trial• lasted from nine o'clock in the morning
till ten at night.

COURT OF COMMON PLEAS, Drc. 9.
WELLS V. 'ALL, IIEATIICOTEi AJIO ANOTIIER.

An action for trespass. The Plaintiff was a horse.,
dealer, at Tarnham-green. In Match last, the De-
fendant Ball,ordeied his servants, the other Defend
ants, toithrowit cart-load of bricks under the Plaits-
tiff 'ircart.shed ; to tear down a fence at the beck of
his garden ; to remove one of his gates ; to take
down his cow-rack, and cut a doorway bellied it.
The Plaintiff's garden and premises were in con-
sequence esposed, and materially damaged. The
Plaintiff held the premises of NIL The Defendant
admitted the acts charged, but. he pleaded in notifi-
cation that he did so wore than order repairs to be
'demo-opera the premises, of which be was the land-
lord and'tbatins dIJ se *lib del ansent of the Plitia-
tiff. Several witnesses seated, that these repairs, in-
stead of damaging, rather improved and secured the
premises. If the garden was injured, it was the
Plaintiff's own fault. It was hot proved, however,
that the entry open the premises was made with the
neje tiff's consent.

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