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6th.

subscribed, here in the presence, not having a sufficient regard to and by the favour of Mr. Ireland, the importance of the situation of have inspected the Shakespeare pa. a cominander in chief, he omitted pers, and are convinced of their 'to shift his flag on board of some authenticity.

other ship, after the Royal SoveSamuel Parr, James Boswell, reign had been disabled, in order John Twedale, LAUDERDALE,

to proceed, as be ought to have Thomas Burgess, Rev. J. Scoli, done, to the place of his destination; bart.

KINNAIRD. but ihat, instead of doing so, be John Byng, J. Pinkerton,

gave his instructions and the comJames Bindley, Thomas Blunt. mand of the convoy to another of Herbert Croft, H. J. Pye,

ficer. And, 3dly, That after bis SOMERSET. Rev. N. Thorp- return he disobeyed another order I. Heard, garter

bury,

of the board of admiralty, by not king of arms, John Hewleti, hoisting his flag on board the As E. Webb, , Matthew Wyatt,

trea frigate, and proceeding to be E. Valpy,

J. F. Newton). West Indies, as he had been ordered To the above an attestation is by their lordships. also subjoined as to the authenticily The evidence having been gone of the autographs and fac-similies through, the trial closed at one of the deeds, with twelve signa- o'clock, when the court pronou tures.

the following sentence. The new charter of North “ The court having heard the

ampton this day brought from evidence in support of the charges London by the mayor, was met at exhibited against the honourable the foot of the bridge by the cor Williain Cornwallis, vice-admiral .poration with great ceremony, and of the red ; and baving heard his conducted to ihe Guildball amidst defence, and the evidence in his bethe congratulations of the townse half, and having maturely weighed men on the re-establishment of and considered ihe same, were of their ancient privileges, and the opinion, security and protection afforded 10

That, with respect to the 180

first charges, of his returning with The trial of admiral Corn- out leave, after having been ordered 7th.

wallis, for disobedience of or to proceed to Barbadoes, and of ders, in not proceeding to the West his disobeying the orders he had Indies, pursuant to the instructions received, misconduct was imputof the admiraliy commenced 'able to him, for not having shifton board the Orion at Portsmouth, ed his flag on board the Mars ! at eight o'clock in the morning: Minotaur, and proceeded in either The charges were three in number. of them to the West Indies; buły The substance of them is as folo in consideration of other circum. lows: Ist, that admiral Cornwal- stances, the court acquitted him lic, after having sailed from Eng. of any disobedience in his conduct land for the West Indies, and pro on that occasion. ceeded a considerable way on his

“With respect to the third voyage, did return, contrary to the charge, of his having, after his ff. orders he had received. 2uly, Thut turn, disobeyed the orders of the

the poor:

board

board of admiralty, in not going lugger privateer, belonging to the out to the West Indies in the As- enemy, in Havre-de-Grace hartrea frigate, the court were of opi-, bour, by the boats of bis squadron, nion that the charge was not prove then on a reconnoitring expedied, and therefore acquitted admiral tion, and the tide making strong Cornwallis upon that charge. into the harbour, she was driven

Early this morning, the above the French forts, who, the joth.

wife of Mr. Sawyer, a boat. next morning, the 19th, discovering, builder, near the Bishop's walk, at break of day, the lugger in tow by Lambeth, was discovered in her a string of English boats, immedibed-room, with her brains dashed ately made the signal of alarm, out, and stabbed in a most shock- which collected together several ing manner. This horrid deed is gun-boats, and other armed vessels, supposed to have been accomplish- that attacked the lugger and Bried by some diabolical villains, who tish boats; when, ailer an obstientered the back part of the bouse nale resistance of two hours, sir leading to the river, and, meeting Sidney had the mortification of with resistance to their shemes of being obliged to surrender himself plunder, perpetrated the bellish prisoner of war, with about sixteen deed. The murderers escaped of his people, and three officers without creating the least alarm, with him in the lugger. The Dia. I is a circumstance particularly mond frigate ‘is safe, but could afremarkable, that, although the bus ford her commander no assistance, band of the murdered woman was there not being a breath of wind in tbe house the whole time, he during the whole of this unfortu. declares he neither heard nor saw nate iransaction; we are happy to any thing of the transaction. add, that only four British seamen alth.

This morning a little be were killed, and one officer and six

fore 12, three malefactors seamen slightly wounded. The were executed at Kennington- seamen were immediately thrown common :

a brush-maker, for into prison on their landing; and riot in St. George's fields, a young sir Sidney underwent a long examan for sheep-stealing, and a man mination before the French comfor house-breaking

mandant, after wbich he was or. Letters from Smyrna unfortu- dered to be conveyed, under nately advise us of the confiagration strong escort, to Paris. The folof 4000 warehouses, entirely be- lowing were amongst the officers longing to Ottoman merchants, the captured with sir Sidney Smith : value of which is estimated at four Messrs. W. Moory, R. Kenyon,

and R. Barrow : one of these was Advice was received at the wounded. When the officers on

admiralty, brought by lieut. board the Diamond heard of the Crispe, of the Telemachus cutter, disaster which had befallen their of the capture of the enterprising gallant commander, they sent a sir Sidney Smith, commander of Rag of truce into Havre, to enquire bis majesty's ship Diamond, on the whether he was wounded, and encoast of France. Having, on the treating that he might be treated 18th instant boarded and taken a with kindness. The governor re.

turned

a

a

millions of piastres.

21st,

were

on the

turned for answer, that sir Sidney

30:h.

In consequence of a pubwas well, and that he should be lication addressed by lord treated with the utmost humanity Malden to the inhabilants of the and attention. The French, it ap- borough of Leominster, the duke pears, warped out another lugger of of Norfolk, accompanied by capt. superior force against that captured Wombwell, of the first West York by sir Sidney Smith in Havre-de- regiment of militia, and lord MalGrace barbour, with which they den, accompanied by capt. Taylor, engaged him, for a considerable aid de camp to his royal highness time, with so much heavier metal, the duke of York, met on Saturday that rendered all his resistance in- evening in a field beyond Paddingeffectual, and therefore compelled ton. The parties having taken him to strike.

their ground, and the word being 14th.

Two of the officers belong. given by one of the seconds, they

ing to Bow-street arrived in fired without effect. The seconds town froin Liverpool with Henry then thought proper to offer their Weston, who is charged with com- interference, and, in consequence mitting divers forgeries on

the of a

conversation which passed bank of England to the amount of while the parties 170001. He had got to Liverpool, ground, a reconciliation was efand sent his luggage on board the fected. Hector, bound for St. Vincent's in In an act now before the house the West Indies, which ship had of commons, for the further supgot down 10 a place called the Gut, port and maintenance of curates about seven miles below Liverpool, within the church of England, the and was to have sailed the next preamble recites the act of the 12th morning The officers found him of queen Ann, by which every in bed at Bates's hotel, with a brace rector or vicar is enjoined to pay to of loaded pistols by his side. On each curate a sum not exceeding their road to town, Weston found 501, and not less than 201. a year. means to conceal a case knife in It states, that this allowance is now his pantaloons, and on changing become insufficient for ihe maintechaises at the King's Head, Moun. nance of a curate. The bill there. slow, he requested to go to the privy, fore enacts, that the bishop or otwhere he cut his own throal, but dinary shall have power to allow missing one of the arteries, did not the curate a sum effect his purpose.

seventy five pounds a year, with This night the counting- the use of the rectory or vicarage25th.

house of Mr Mingay, of house, where the rector does not reSmithfield (who in the interim was side four months in the

year, speaking to a friend in the back in lieu thereof. room on the same floor) was broke DIED-19th.

In Doctors Com open, and a bag of gold, contain

mons, George Harris, D. C. L. sou ing 1200 guineas, which had been of Dr. John Harris, bishop of Lar. placed in readiness to send to his daff

, chancellor of the dioceses of banker's in the morning, was taken Durham, Hereford, and Landaffi clear off.

and commissary of Essex, Herts,

not exceeding

or 15).

and

was

and Surrey. He has left a large

MA Y. fortune, which he has chiefly bequeathed to public charities: 10,000). This day a storm of thunder

Ist. to the Westminster Lying-in hos

remarkably tremendous pital, donations equally liberal to in the western part of Sussex. At several others, and the residue (sup- Pulborough a barn was set on fire posed to be 40,0001.) to St. George's by the lightning, and entirely conhospital.

sumed. Luckily it contained only At his house in Stafford- seven quarters of oats. In the neigh- : 21st.

row, Pimlico, aged 89, Ri. bourhood of the above place, the chard Yates, esq. the celebrated peas in the fields were considerably comedian ; bis reputation in the injured by a heavy fall of hail,which parts of old and grotesque cha- accompanied the thunder. facters especially, was eminently the dreadful accident happened a

Northampton. The following great. He was remarkable for pure and chaste acting up to the words few days since to Mr. J. Robinson, of his author with a scrupulous horse-breaker, in Peterborough : attentior; the more remarkable, having a young colt in training, as performers of this cast of acting the animal began on a sudden to frequently introduce their own hue plunge, by which means the rider mour, with what may be called the was thrown from his seat with such licentia histrionica of the drama. He violence, as to separate the ribs

excelled also in teaching or making from the back-bone. The unfor . i at actor, in a higher degree, pero tunate man is attended by an emi

haps, than any one of his time. nent surgeon, and there are hopes

He was married, first, to w woman of his recovery. ! who was rich ; secondly, to Miss A few days ago, as a groom was | Anna Maria Graham, who had combing a race-horse in the neigh.

been introduced to his tuition by bourhood of Beverley, in Yorkshire, Mr. Garrick, and with him she the animal became so irritated as to first came on the stage at Birming, catch bold of the man's side with ham. Mr. Yates died suddenly. He his teeth, and tear away the flesh bad been very well, as usual, for some in so shocking a manner, as to rentime, and had break fasted heartily. der his bowels and entrails visible. Having ordered eels for dinner, The poor fellow's recovery is much when, unfortunately, they could despaired of. not be bad, bis warm and hasty On Saturday the sheriffs of

9th. temper could ill bear the disap

London and Middlesex appointment; and from anger he peared in the Exchequer chamber, worked himself up to rage. His to render into court their estreats, bousekeeper, zealous to please him, levies, captions, &c. and to answer went out a long way, and brought an officer called the opposer, for some ; ere she returned, exhausted the crown. Several of the sheriffs' with fatigue of spirits, he bad officers, no doubt, being engaged leaned his head upon the table, and about their country houses and she found him dead.

their carriages, had forgotten to make any returns, in consequence, of which the sheriff's were ordered

to

to attend in person next term, for and that, of course, that will re. the

purpose of being examined upon tained the same force and effect, interrogatories by the officer before as if the second will had never the barons. This is a circumstance been made. On the part of the to which nothing similar has bape defendant, it was maintained, in pened for a great many years. the first place, that the codicil was

An important cause came on to destitute of those forms, expressly be tried in the common pleas, in required by the statute of wills, consequence of an issue directed which could alone give it the effect from the court of chancery on the of reviving a first will in preference question of fact, whether the late to a second, where a real estate was earl of Orford devised by his last devised ; and, secondly, that it was will any lands and effects to the the intention of the testator to anearl of Cholmondeley. The case is nex the codicil to the second, and briefly this. On the 25th of No- not to the first will. To establish vember, 1752, the earl of Orford these points, it was proposed to made a will, in which he bequeathed adduce parol evidence ; but the his principal estates, after the de court interfered ; and were unanimise of bis immediate heir, the mous in their opinion, that the present earl of Orford, to the earl established law of the land forbade of Cholmondeley, whose grand- the admission of parol evidence to father had married the daughter of contradict a written and perfect his ancestor, sir Robert Walpole, instrument, such as the will and the first earl of Orford. In 1756, codicil together appeared to be ; the earl of Orford made a second that the word last, on which the will, in which he changed the counsel for the defendant had laid order of succession, and gave a so much stress, was an expression preference over the earl of Cholmon, which had no determinate meandeley to lord Walpole, who is de- ing until the death of the testator, scended in a direct line from the when it operated to explain the second brother of the first earl of intended last act of his life; that Orford. This, of course, annihi. neither the will of 1751, por the lated the first will; and, had no will of 1756, was, in fact, a will thing farther occurred, no question until the testator was dead'; that an could have arisen on the subject. alteration of the date of the codicil But, in 1776, iwenty years after would be making a new disposition the second will was made, the earl for the dead, which no court upon of Urford signed a codicil, the pur. earth was entitled 10 do; the only port of which was to make various power vested in a court, on the provisions which had been omitted subject of wills, being that of ex. in his wills, and declared this co- plaining the intention of the de: dicil to be a codicil to his last will, ceased, which, in this case, was signed on the 25th day of Novem- perfectly clear; that wills ought ber, 1952. On the part of the only to be considered as ambulatory plaintiff

, it was contended that this instruments, subject to the pleasure codicil, which was duly signed and of the owner, and to be used by attested, was a revival and setting him as his judgment ap of the will to which it referred; might direct; and that the will of

or caprice

1752

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