18th.

The Recorder of London made his report of the convicts in Newgate, at the two laft feffions, when Edward Lowe and William Jobbins, the two incendiaries, were ordered for execution in Alderfgateftreet, which has fince taken place, over-against the ruins of Mr. Gilding's houfe. At the fame time the following were ordered for execution, at the ufual place, viz. Francis Fonton, and Thomas Tyler, for forgeries; and James Royer, James Smith, and Edward Ivory, for countefeiting the current coin of the kingdom; thefe have likewife been executed. But William Slaughter, James Sullivan, William Burbridge, and Thomas Durkin, for burglaries, were ordered for tranfportation; as was Thomas Brown, for privately ftealing. Jane Norton, for shoplifting, was ordered to be imprifoned for twelve months. And Jofeph Biggs, George Storey, and Thomas Dunken, for breaking a houfe with intent to rob, were refpited during pleasure. 21ft.

A very fevere form of thunder, lightning, and rain, came on at London, but nothing like that which took place in the fouthern parts of Hampshire and Wilts. The Elephant, of 74 guns, was ftruck in Portsmouth harbour, in a manner fcarcely to be defcribed. The lightning feemed first to have ftruck the heel of the main top-maft, and from thence to have defcended down the body of the maft, which, though a ftick of immenfe fize, is fhivered to fplinters. The iron hoops that furrounded it, and the woldings, were every one broke in fmall pieces, and parts thereof driven to the extreme parts of the ship, both fore and aft; the fulphureous fmell, when the fhip was firft ftruck, was fo very powerful, that it was difficult the people

below could breathe. This caufed an alarm that the fhip was on fire, than which nothing can be more dreadful on board a man-of-war. In this fearful moment of fufpence, an immenfe fhower of the largest hail ever feen, added to the terrors of the night. But the greatest part of the officers and crew being in bed (it being near eleven o'clock at night) or under cover, the direful effects that might have been expected from this difafter were hardly felt by many on board.

26th.

Was folemnly argued and determined, in the court of King's Bench, a queftion of confi derable importance to the mercantile world. It came before the court upon a motion for a new trial, in a caufe, in which a Mr. Mead was plaintiff, and Meff. Young and Co. defendants. The action was brought against the defendants, and the acceptors of a bill of exchange, under the following circumftances. The bill was drawn by a Mr. Chriftian, who is refident at Dunkirk, and dated from that place. It was fent to the defendants, who live in London, and made payable to a Mr. Henry Davis. The defendants, knowing it to be a bill of their correfpondent, accordingly accepted it. The bill afterwards furreptitiously got into the hands of another Henry Davis, who fraudulently put his name on the back, and carried it to the plaintiff,· who, finding the acceptors were men of refponfibility, gave him the value of it, not entertaining the leaft doubt but that he was the fame Henry Davis to whom it was payable.

After hearing the counfel on both fides, lord Kenyon faid, he was then of the fame opinion as he entertained when he directed the jury to find a verdict for the plaintiff, upon the

trial. His lordship conceived that, no fraud having been imputed to the plaintiff, there was no legal ground to preclude him from the right of recovering upon this bill; and he was of opinion, that if any man took a bill payable to a certain name, and it is indorfed by the person of that name, fuch indorsement was a legal transfer, although it might afterwards turn out that the indorfer was not the fame perfon to whom it was made payable. Unless this doctrine were admitted, an infuperable 'clog would be introduced to the negociation of bills of exchange, which must destroy the whole of that species of paper credit.

Juftices Afhurft, Buller, and Grofe, totally differed from the Lord Chief Juftice, and ftated their reafons with great deference in oppofition to fo high an authority. All these learned judges faid, that the indorsement of the bill in queftion was unqueftionably a capital forgery, and that no legal right could be derived under forgery or fraud. It were better that a clog should be put to bills of exchange, than they should be ne gociated by means of forgery; but they conceived that no inconvenience to trade would accrue to mer cantile transactions by depriving the plaintiff.

Salisbury, Nov. 27. The inhabitants of this city were vifited laf Sunday evening with a very tremendous ftorm of lightning and thunder, accompanied with a very heavy fall of rain. The high impending clouds were fo highly charged with the electric matter, that the lightning, which was unufually vivid and strong, appeared to roll along the ground like a body of liquid fire, and its frequent flashes VOL. XXXII.

were fo inftantaneously fucceeded by fuch terrible burfts of thunder, that many perfons were exceedingly alarmed, and almost every houfe felt an inftantaneous fhock from its pow erful effects. At the Three Swans inn a ftack of chimnies was thrown down with great violence, and much damage was done to two rooms within the house, the windows of which were broken, and much of the furniture deftroyed. By accounts from different parts of the country, we learn, that this ftorm, which began at Portsmouth, continued from Saturday noon, the 21st, to Monday night, and that its effects were equally awful and deftructive in many places.

It has been laid down as a law in the court of goth. King's Bench this term, that a wager, in itfelf legal, is not recoverable if laid on an illegal object; for instance, nỡ winnings can be recovered on the event of a boxing-match, because the object of a bet in the cafe is a breach of the peace; and fo it will operate with a wager laid on a horfe-race, provided the fum raced. for is below what the act of parliament ftipulates.

It has likewife been laid down as law this term, that the keeper of a livery-ftable cannot detain a horfe for his keep, though an inn-keeper can. The livery-flable keeper is supposed to know the perfon from whom he receives a horfe, and to make a bargain for his keep; but an inn-keeper is from neceffity obliged to receive all that come and without fuch a remedy, he would be fubject to many impofi tions, which the prudent livery-ftable-keeper may avoid if he pleafes; at least fo fays Lord Kenyon.

DIED, The Rev. Michael Lort, [P]

D.D.

D.D. F. R. S. and F. A. S. well known to the literati of this and other countries, as a man of learning, and a collector of curious and valuable books.

At Vagg farm (near Yeovil, in the county of Somerfet), which he had rented 60 years, Thomas Beer, aged 101.

Hannah Wilkinson, aged 108. In Jamaica, aged 100, Mrs. E. Gibbon, a native of Port Royal. At Maryport, Cumberland, aged 107, Jofeph Peale.

At Aberdeen, aged 105, Ann Bannerman.

At Crumlin, Ireland, aged 100, Mrs. Mary Tench.

At Afhely, Lancashire, aged 102 years 15 months, Ifaac Hyde.

Mr. Kendal, the celebrated conftructor of time-keepers.

bar.

Judge Afhhurft spoke nearly to the following purport:

Prifoner, You have been capitally indicted upon the ftatute of the 6th of Geo. I. for that you did on the 18th of January laft, in the parish of St. James's, wilfully and maliciously affault Ann Porter, and that you did, with force and arms, tear, fpoil, cut, and deface her garment, namely, a filk gown, and other apparel; and the jury have found you guilty; but your counsel have arrefted the judgment upon two grounds; firft, to the form of the indictment; fecondly, to the applicability of the act of parliament to your particular offence. A majority of the judges have, after folemn confideration, determined that both the objections in arrest of judgment are well founded. The objection to the words of the indictment, that you did then and there make an affault, and cut and tear Ann Porter's garment, being ftated to be done both at one and the fame time, is bad in law, for the affault might be made at one time and place, and the cutting and tearing at another. In framing indictments upon acts of parliament which affect life, the law requires that the

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utmoft precifion fhould be obferved. With refpect to the second objection, namely, that your crime is not within the intent of the act, it is confidered that the act is made for a particular purpose, that of wantonly cutting, tearing, &c. for the mere fake of mischief, and not with any previous malicious intention. Now an affault, cutting, &c. mut have fuch a premeditated intention, and therefore the indictment is not within the purview of the act. But although the lenity of the law has fo far judged favourably of your cafe, yet God forbid that the common law of the land fhould not reach fuch an enormity as you have committed, and that you frould not be punished for your temerity: you are therefore to be remanded, to take your trial for the misdemeanour at common law."

Renwick Williams was 13th. brought from Newgate to the feffions houfe on Clerkenwell Green, and put on his trial.

Mr. Pigott opened on behalf of the crown, and told the jury that the indictment was for an afault and battery only.

The evidence of Mifs Ann Por

ter and her filter was then given. It was in substance the fame as that delivered on the former trial. All the other evidence was in the fame ftate. At half past one next morning the caufe ended; and the jury, after confulting ten minutes, found him Guilty.

He was convicted on two other indictments, and has been fentenced to fix years imprisonment." 14th.

A chapter of the most noble order of the garter was held after the levee broke up, at which were prefent the king, prince of Wales, dukes of York and Glouceftes, and marquis of Stafford, when his

ferene highnefs the duke of Saxe Gotha, his grace the duke of Leeds, and the earl of Chatham, were chosen to fill up the vacant ftalls. The duke of Leeds and earl Chatham were feverally introduced, and, after being knighted, were invefted with the blue ribbon, with the usual ceremonies.

Sunday morning laft the inhabi tants of Banbury were alarmed by the fudden falling in of the principal aile of the church, for the tak ing down and rebuilding of which an act had paffed in the laft parliament. Providentially feveral perfons had just left church; and had' it not fallen, it was intended that the workmen fhould have begun taking it down on the morrow, in which cafe many lives would probably have been loft. The crash was heard near two miles from the fpot. On the following day the tower likewife fell.

The adjourned feffion at 18th. the Old Bailey ended, when 35 men and 4 women, capitally convicted, received his majefty's pardon on condition of being transported during their natural lives; three were pardoned on condition of being transported for 14 years; and two for 7 years. Mary Talbot refused to accept his majesty's pardon. She faid her return from tranfportation was on account of three dear infants, and that as he could not take them with her, fhe had rather die. The recorder pointed out the dreadful precipice on which she flood; as it was moft likely, when her refufal was reported to his majefty, fhe would be ordered for execution. She ftill perfifted, and was taken from the bar in ftrong convulfions. The behaviour of fome of the convicts upon the above occafion was extremely riotous, infolent, and noify.

zoth.

At Dover, the indictment preferred against Mr. Anderfon, for killing Mr. Stephens, in a duel at Margate, was returned by the grand jury, Not found. 21ft. Lieut. King, of his majefty's navy, arrived yesterday from Harwich at the admiralty, with dispatches from Governor Phillip, dated at Sydney Cove, the 13th of April laft. The colony had very much extended its agriculture, and in particular the fpots laid out for garden ground; but the produce had been rather fcanty. Very tolerable harmony had been preferved among the fettlers.

Dublin, Dec. 22. It is with a very fenfible concern we are obliged to announce to our readers the lofs of the Charlemont packet. This veffel failed on Wednesday, and had reached the bay of Dublin, when he was driven back by a violent gale of wind; not long after a large Weft Indiaman went to the bottom with her crew at the entrance of that harbour. On Friday the weather became favourable, and the captain again proceeded to fea, having, during this interval, increafed his paffengers to the number of about 120, He again had nearly made the port of Dublin, when a fecond time he was forced to put back. By this time the uneafinefs of the people became general, and the cabin paffengers were very importunate with the mafter to land them at Holyhead, although he declared himself imperfectly acquainted with the coaft, and exhorted them to relinquish their inténtions. His mate, however, confident of his own intimate knowEdge, fucceeded in carrying the favourite point of the paflengers, and they accordingly fteered thi

ther; the confequences were fatal, the mate, deceived by fome lights, miftook his courfe; the veffel ftruck

on one of the rocks which skirt the Welch coaft, foon after went to pieces, and fixteen perfons only efcaped the merciless element.

Among thofe providentially faved is the hon. capt. Jones, fon to lord Ranelagh, who, when the veffel ftruck, fprang from her on the rock, and received no injury; through the intrepidity of this gentleman, and at an imminent hazard to himself, a perfon belonging to Mr. Aftley's company was refcued from a moft perilous fituation, be. ing caught by capt. Jones on the return of the wave which washed him from the fame rock, on which he had alfo leaped from the packet.

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About twelve ladies were board, fome of whom, in expectation of affiftance, and under the horrors of death impending over them in fo terrible a form, clung round the steward of the fhip, who, thus prevented from the poffibility of making any efforts for his own prefervation, perished in their embraces.-Among other paffengers were two Romish clergymen, one of whom efcaped. The captain, by afcending the fhrouds, was landed in a place of fafety on the heeling of the veffel; and the mate has alfo efcaped, but, we are informed, is imprisoned, for fome negligence of information, fatal, as is faid, to many who might have been faved on an earlier knowledge of the ftate of the veffel.

The circumftances of thofe who furvived this dreadful event (every article but what remained on their backs being loft) were confiderably alleviated by the generous and humane attention of capt. Jones, whofe

bounty