The European Magazine, and London Review

Congrefs, as the 14th colony in the American confederacy.

At the affize for the county of Salop, came on to be tried, before Mr. Juftice Buller, a cause, brough: from the Isle of Anglesea, wherein Richard Williams, mafter of the Hopewell floop, was plaintiff, and Philip Jones, lieutenant of the Sandwich tender, defendant. The action was brought to recover damages for impreffing the plaintiff from the floop, of which he was matter, and detaining him five months. The defendant justified the fame under an imprefs warrant from the Lords of the Admiralty, grounded on an order from the King in Council; but it being determined by the Judge, that a mafter of a ve.lel was not liable to be imprefied, the Jury gave a verdict for the plain tiff with 50. damages, to the great joy of a crouded, anxious court.

From the LONDON GAZETTE. Admiralty-Office, Aug. 6, 1782. Extract of a letter from Vice-admiral Evans, Commander in Chief at Portsmouth, Aug. 4, 1782.

HIS Majefty's fhip Proferpine fent in yefterday, after poft, the Voltigeur, a French privateer, of 16 guns, and 63 men.

Ipfwich, Aug. 3. At the last affize for this county, a caufe was tried, in which Mr. Oborn was plaintiff, and one Bubby, defendant: The action was brought to recover fatifaction for the loppings of pollard-trees and quick fences, cut and fold by the defendant off a farm which he held as tenant at will The learned judge, before whom the caufe was tried, was clearly of opinion, that fuch a tenant has not any legal right to the loppings or fences upon his farm, for any other purpofe than for his reafonable ufe on fuch farm, and not for fale; and a verdict was accordingly found for the plaintiff, with full damages.

Newcaftic, Aug. 3. On Monday last a caufe was tried at the Guildhall before Lord Chief Baron Skynner, wherein George Scott, a fhoemaker in North Shields, was the plaintiff, and one Davis, a watch-maker, in the fame place, defendant. It appeared on the trial, that on the 22d of June, 1780, the defendant commenced an action against the plaintiff in the Sheriff's Court of Record in this town, and held him to bail for 11 guineas, for money lent by the defendant to the plaintiff, which action the plaintiff defended, and the fame was difcharged in the October following for ant of proceedings. The plaintiff, confcious that he never borrowed one farthing of the defendant, nor ever was indebted to him on any account whatever, commenced this action to recover damages for a malicious profecution, when the Juty, after hearing the evidence on both fides, retired for a few minutes, and brought in their verdict for the plaintiff, and gave him 10!. damages with cofts.

8. A very artful robbery, rather of the uncommon fort, was committed in the houfe of Mrs. Fortefcue, a widow lady, at Tottenham'green. Mrs. Fortescue, and her daughter, were out on a te.ift in the neighbourhood. Abort

four o'clock in the afternoon, a gentleman, who called to enquire after the family, not being able to make them hear, and fufpecting mifchief, got together fome neighbouring fervants, and forced the street door. Upon going up ftairs, the two maid-servants were discovered faft bound to feparate beds, in feparate rooms; the one with her hands tied together behind, the other's tied before. Private drawers were found ranfacked; the plate, the money, and particular valuables, with great judgment felected; whilst others, of more fpecious appearance, had been rejected. Mr. Alderman Townsend, who was applied to, prefently came, examined the girls, and, for reafons that appeared clear to him, chofe to confider them as accomplices. But nothing could prevail on the Lady to entertain that opinion of her fervants, and they remained with her all night under the fame roof. It is fuppofed that Mrs. Fortefcue has been robbed to the value of 50cl.

1o. A Court-martial was held on Captain Frodsham, for the lofs of the Alligator floor, of 14 fix-pounders, and 4 twelve-pound carronades. She was captured the 26th of laft June, by the French frigate La Fee, of 36 guns, but pierced for 42, and fought 40 guns. Captain Frodsham defended her in a very gal lant manner for upwards of an hour and a half, but having loft his fore-top-maft, and all his top-gallant mafts, the main top-fail-yard thot away, and his rigging almost entirely cut to pieces; in fhort, the floop being a wreck, he ftruck. He received the most flattering approbation from the Court for his gallant conduct, who declared, from the great fuperiority he was obliged to engage with, nothing but his judicious manœuvres could have preserved her above water.

Came on by a Special Commiffion at the Town-hall in Winchefter, the trial of David Tyrie, before the Hon. Mr. Juftice Heath, for High Treafon, in fending intelligence to France.

By ten o'clock in the morning the Court was uncommonly crouded, but the Judge did not make his appearance till after twelve.

A motion was made to put off the trial, which was grounded upon an affidavit of the prifener, that four of his witneffes were not ready; one is a woman now in Tothill-fields Bridewell, two failors who are abroad, and a man refiding at Oftend. The Court, however, thinking he had futhcient time to be prepared, granted nothing for the motion.

Mr. Morris, for the Crown, opened the cafe, and enlarged on the dangerous effects produced by the permiffion of fuch perfons efcaping punifhment.

Maria Harvey proved that a bundle of papers, the property of Tyrie, had been delivered to her by a Mrs. Afkew, about the 13th of February; that the particular charge given with them had raised her curiofity to enquire into the contents of the bundle. She had been induced in confequence to open them, and being of opinion that the contents were of a

dangerous nature, the carried them to a Mr. Page, in Westminster, who being of the fame opinion, carried them to the Secretary of State's

Office.

The papers were produced and proved-they confifted of copies of papers, called the Navy Progreffes, being a lift of all the ships of the navy, the fituation and state of repair of each, &c. &c. To thefe were added remarks of their deftination, a defcription of the cockyards at Portsmouth, Plymouth, and all the public, and even of feveral private docks. They alfo contained a plan, by which it was proposed to furnish a perfon in France with intelligence on very moderate terms, when the importance of the object was confidered-the particula s were, an exprefs to be employed, which would travel 450 miles, to be paid at 13d. per mile; a monthly falary of five or fix guineas to a perion at each of the dock-yards; and alfo a falary of two or three guineas to a man in the leffer yards.-There were a number of other papers produced, all going to the purpole of giving information to the enemies.

Mr. Vowell, a Stationer in London, knew the prifoner: he had been a Clerk to him five years; he proved most of the papers produced to be the hand-writing of the prifoner.

Captain William James proved that Tyrie had bargained with him to go to Boulogne, to purchase wines. He hid agreed to pay him fifteen guineas for the voyage, and alfo to give him a letter of credit for 5ol. more to trade with. He alfo delivered to him a packet for the Commandant of the Port, and a pasiport for Boulogne or Cherbu g. The witness felt that carrying letters to France in ime of war was improper; he had, in confequence thereof, communicated his thoughts to an acquaintance, one Captain Harrison. The Captain opened the packet; it contained five letters, which gave an account of the failing of fome frigates to intercept a fleet of French transports, a particular account of the departure of the Eat-India fleet, the fame of the Weft-India fleet, the ftrength and names of their refpective convoys, &c.

One of those letters was figned with the prifoner's own name, and another in the name of Croix.

Thefe papers were all proved to be in the hand-writing of the prifoner.

On behalf of the prifoner, one witness was produced, who faid nothing as to the matter in question.

Mr. Watson, the Counsel for the prifoner, made a very ingenious fpeech in his behalf, which was ably replied to by Mr. Morris.

The Judge then fummed up the evidence in a mot able charge to the Jury, who, after a few minutes deliberation, brought in their verdics, Guilty.

Mr. Justice Heath, with that humanity which fo particularly marks his character in all fituations, made a moft excellent speech to the prifoner, advising him to prepare for that fate which the injured laws of his country exacted him to fuffer. He adjured him therefore to

prepare for appearing before that Tribunal where he might only expect mercy; for fuch acts as thefe made it impoffible for him to hope for any from his Sovereign, who, however merciful he might be, could not, in tenderness to his fubjects, permit fuch offenders to efcap cape. He then proceeded to pafs the following fentence:

"The fentence that the law awards against you, and that this Court therefore adjudges, is, That you, David Tyrie, be taken back to the place from whence you came; that you be drawn from thence on a hurdle, to the place of execution; there to be hanged by the neck, but not till you are dead; but that you be cut down while yet alive, your bowels to be taken out, and burnt before your face; that your head be fevered from your body, and your body be divided into four quarters; your head and body to he difpofed of as the King fhall think fit; and the Lord have mercy on your foul."

The prifoner heard this fentence without any apparent emotion; and during the whole trial was employed in writing notes to his Counsel.

The pi foner is by birth a Scotchman-he went to London as a fervant-he lived with Mr. Vowell as a Clerk above five years, and gained the esteem and confidence of his Mafter. He afterwards went into bufinefs in the mercantile line with Meffrs. Parker and Crowe, with whom he fome time ago became a bankrupt. It is, however, fupposed, that if his integrity had been equal to his abilities, he might have had very good fuccefs in bufinefs.He fome years ago offered himself a Candidate for the borough of Hindon, and having failed in his views as a Merchant, procured himself a place in the Navy-Office at Portsmouth, which led him to this fatal enterprize,

The trial did not conclude until eight o'clock in the evening.

11. About eight o'clock the Count de Graffe fet out from the Royal Hotel, Pall-mall, in a poft coach and four, in which also were the Count his nephew, and his First Lieutenant; two others of his officers followed him in a poftchaife. They paffed through Kent-street in their way to Dover, in order to embark for France.

A fervant in livery rode before the carriages, and a black fervant followed them. A Gentleman in Soho-fquare has a letter from one of the Farmers-general in Paris, which exprefsly mentions, that the penfioning of the leading Members of Congrefs alone, for the laft three years, has coft the French Government 250,000l. fterling.

13. Mr. Alderman Townfend, and Mr. Alderman Turner, attended by the Town-clerk, had a conference with Lord Keppel at the Admiralty, refpecting the number of idle hands which had been fent by the Magiftrate to ferve the King in the Navy, and who, for various reafons, had been turned on fhore, particularly fome defperate men who had cut off their thumbs during the execution of the Imprefs Act, to prevent being fent as foldiers by the Commiffioners at Guildhall, and who were now committing dangerous crimes amongst the

public,

public, and could not be difpofed of until fome pofitive proof reached them. The Aldermen brought two men, ftout and able, one with his thumb off, and the other with no manifest incapacity, but who had been refufed having fickly appearance, although he had been two voyages to the Weft-Indies. The Aldermen prefented thefe men to Lord Keppel, and obferved, that the Magiftrates had no encouragement to back Prefs-warrants, unless they were fatisfied the men apprehended by virtue of them were properly difpofed of. His Lordship received the Aldermen with great politenefs, and examined the men, who feemed very active, and might be made ufeful. Lord Keppel faid he should fend orders to the To er, and feaports, not to reject any man who could poffibly be rendered ferviceable on board a fhip, not with ftanding fome trifling defect.

15. An exprefs arrived at the Admiralty from the Ifle of Wight, with the news of the homeward-bound Leeward Island fleet having paffed by there under convoy of the Prefton and Roebuck men of war; and that they were gone on for the Downs with a fresh wind at S. W.

Extract of a Letter from an Officer on board the Namur, dated Port Royal, Jamaica, June 25.

On Saturday morning laft, about two o'clock, the officer of the watch came down to tell us that there was a large fhip on fire about half a mile a-head of us. She proved to be the Merfey ftore-fhip, of not lefs than 1200 tons burthen, laden with yards, fails, ípars, flax, tar, cordage, and other King's flores; but had fortunately unladen a confiderable part of her cargo, and lay then within twelve yards of Port Royal fhore. Between us and her lay the -Hercules, and Prince William. The boats of feveral fhips were inantly out, in order to tow her clear of the shipping; but unfortunately fome men on board her had loofened her foretop, and dropt her forefail, with a view of preventing the wind from extending the flames; by doing which it brought her head round before the wind, and carried her right down for the feet, the hoats not being able to prevent it! She paffed the Prince William very close, but going to leeward, did her no damage. She next paid a vifit to the Hercules, and for a fecond or two was entangled with her rigging; but the wind freshening, carried her off without any ill confequences. At this time our Captain flattered himself the would go clear of

US.

The Barfleur, the next fhip to u, got under way, and efcaped her. The Namur was not fo fortunately circumstanced, for we had many dangers to encounter; if we had cut our cable, fituated as we were, it was ten to one but we had been on fhore, or run foul of fome other men of war then in a clufter about us. Capt. Fanshaw wifhed to avoid these dangers, but finding it impoffible, he gave orders to cut away; during which time the fhip on fire came fo near, as literally to finge every beard on the quarter deck; I affure you my face was bliftered, and my hat was twice on fire; she was to

windward of us, and for a fhort time foul of our yards, fo that we were furrounded by a general conflagration. Every boat of the fleet was fent to the relief of the poor Namur, with no expectation of faving her, but of preferving the men. As foon as her cable was cut, the ditengaged he felf of the fire, to the great joy of the whole fleet, and much more fo of us on board. This had nearly proved a more tremendous calamity than what we experienced in the fatal hurricane; for confidering that we had 40 fhips of war lying clofe to each other, and that two of them were actually on fire, it was miraculous that the greater part had not been burnt to the water's edge; but providentially not the leaft damage has been fuftained from this alarming accident."

From the LONDON GAZETTE. Admiralty-Office, Aug. 15, 1782. Extract of a Letter from Capt. Melcombe, of his Majesty's Sloop Cormorant, dated off Cape Clear, July 30, 1782.

THIS morning, Cape Clear bearing E. N. E. eight or nine league, we fell in with and took Le Temeraire, a French floop of war, of 10 fix pounders, and 50 men, commanded by Mont. Le Fer, Lieutenant le Frigate, out of Breft nine days, with difpatches for the combined fleets, which were thrown over-board, with his papers, log-book, and eight guns.

Admiralty-Office, Aug. 16, 1782. Extract of a Letter from Capt. John Moutray, of his Majefty's Ship Vengeance, dated off the Lizard, Aug. 10, 1782.

BE pleafed to inform their Lordships, that at eight A. M. on the 9th inftant, being 30 leagues W. N. W. of Scilly, we gave chace to a cutter, which we captured, after a chace of fix hours, and found her to be the Degger Bank, of Flushing, mounting 20 guns (18 fix and 2 twelve pounders, which the threw overboard in the puriuit) and go men, commanded by ore James Pile: fhe had left Flushing about fix weeks, and had taken three prizes, all of which were retaken.

Admiralty-Office, Aug. 17, 1781. Extract of a Letter from Admiral Pigot, at the Leeward Islands, dated St. John's Road,

Antigua, June 29, 1782.

CLOSE in with St. Lucia I took a schooner, from St. Pierre, in Martinico, bound to Tobago. She had a Captain and two Lieutenants of the troops on board, a cheft of 3000 dollars for paying the troops, and a cargo of flour and beef: the is called the Charmante, and has a commiffion as a King's veffel. Extract of a Letter from Winchefter, Aug. 24.

"The crowd of people of all ranks allembled by four o'clock this morning at the gates of the gaol, to fee Tyrie fet off for the place of execution, was very great. About five o'clock he was put into a coach with fix horses, attended by the O.dinary, Under-Sheriff, Gaoler, &c. and conveyed to Portsmouth, where being delivered up to the Mayor and Police of the town, he was drawn on a fledge to the place of execution. After praying a little time he was turned off, and hanged till almost dead; was

theu

then cut down, his head fevered from his body, his bowels taken out, and his heart thewed to the surrounding multitude, and then thrown into a fire made for that purpofe; the body was then quartered, and put into a coffin. The concourfe of people was immenfe, and beyond defcription, and fuch fingular avarice of many who were near the body, that happy was he who could procure a finger, or fome veftige of the criminal. Tyrie fupported to the laft the fame hardened and intrepid conduct as marked him on his condemnation, boldly leaping into the coach at his leaving Winchefter: on his journey to Portsmouth, by his words and conduct expreffing great indifference at his approaching fate, and even laughing at the place of execution.

27. This morning between fix and feven o'clock, were privately interred in Westminter Abbey, the remains of his late Royal Highnefs Prince Alfred. The body was brought from Buckingham-house in a coach and fix, attended by two Noblemen, and was followed by the Lord Chamberlain and four other Noblemen and another coach and fix; after which followed the empty coaches of the above Nobility. When the body arrived at the Abbey door, it was taken out and fupported to the vault by four yeomen, the Lord Chamberlain with his white wand, and the fix Noblemen following. The ceremony was performed by the Dean of Westminster.

PROMOTION S.
CIVIL.

Lord Carlife to be Steward of the Houfhold. -Francis Geary, Efq. Admiral of the White, to be a Baronet of Great Britain.

MILITARY.

Major Powlett, of the 45th Regiment, to be Captain of Carifbrook Castle, in the Ifle of Wight.

ECCLESIASTICAL.

Dr. Jofeph Dean Bourke, to be Archbishop of Tuam. Dr. Walter Cope, to be Bishop of Leighlin and Ferns.-Dr. John Law, to be Bishop of Clonfert and Kilmacduagh.-Dr. Shute Barrington, to be Bishop of Salisbury. Thomas Jackfon, M. A. to be a Prebend of Westminster.

BIRTHS.

The Lady of Sir William Ashurst of a fon. -The Lady of Sir John William Pole, Bart. of a fon.-The Lady of John Fisher, Efq. of twins.-The Lady of the Rev. Dr. Kyte, of Hammersmith, of a daughter, being her 14th child.

MARRIAGE

Dawfon, Efq. of Alcliffe-Hall, near Lancaster, to Mifs Flower, of Iflington. Mr. Lucas, of Salisbury-fquare, to Mifs Lowndes. -William Pittman, Ely. of Oxford-street, to Mifs Hill, of Marybone.-Viscount Maitland, to Mifs Todd.-Capt. Don, to Mifs Murray, niece of Lieutenant-general Murray.

DEATHS. Sir William Arnot, Bart. late LieutenantColonel of the Queen's Regiment of Dragoons. -Mr. Crouch, in the bachelor's alm houfes, aged 103.-William Crichton, Efq. Alderman

of Cheap Ward.-William Hucks, Efq. one of the Clerks of the Exchequer.- The Lady of the Honourable Mr. Juftice Nares.Bartholomew Greenwood, Eiq. late HighSheriff of Glamorganshire.- Wright, Efq. of Seven Oaks, Kent.-Robert Mayne, Efq. member for Gatton, and brother to Lord Newhaven.-Levefon Gower, Esq. uncle to Lord Gower.-William Phillips, Efq, HighSheriff of Oxfordshire.-Sufan Evifon, near Barnley, Lancashire, aged 106.-Mrs. Williams, of the Silver Scullery, St. James's.

George Cadge, of Melford, Suffolk, maltfter.

Jofeph Brittlebank and William Brittlebank, of Crigletton, Yorkshire, maltsters. William Symonds, of Gardner-ftreet, Suffex, shopkeeper.

William Wetton, of Abbots Bromley, Staffordshire, mercer and grocer.

John Chriftopher, of Sohom, Cambridgefhire, innholder.

Mary Folkard, of Ipfwich, milliner. Charles Barrow, of Thames-ftreet, oilman. John Haddon, of Weft-Smithfield, mercer. Thomas Hobfon, of Cheapfide, hatter. James Chater, of Leadenhall-street, grocer. Michael Luttrel, of George-ftreet, Hanoverfquare, taylor.

Edward Horner, of Wakefield; William Empfon, of Hollingthorp; Jofeph Brittlebank and William Brittlebank, of Boynhill; all in Yorkshire, merchants.

James Findlay, of Piccadilly, perfumer.
James Page, of Worcester, farrier.

John Footman, of High Holborn, linendraper.

Richard Monk, Wilhelmina Harriot Weft, and Thomas Baughan, of Ruffel-treet, Covent-garden, button-makers.

John Partridge, of New Bond-ftreet, trunk

Days 56 7x ag

Stock. reduc.

1758.

71 글 72

PRICES of STOCKS irs AUGUST Bank 1 per C.1 per C.13 per C.134 per C-4 per C.Bk. Lg.|S. Ann. S. Ann. India (INDIA) India Sou.Sea OLD Conf. 1726. 1777. Ann. 1777. 1778. Stock. ANN. Bonds. Stock. ANN.