An Account of the Contest between Lord An--fey and Mr. Annesley, the fuppofed Son of the late Lord Altham.

T is now long fince the world heard

Ld. An-fey and Mr. Annefley,
which was fome years ago almost uni-
verfally the fubject of converfation;
the conteft itself has indeed been long
fufpended, becaufe Mr. Annelley's
claim, however juft, cannot be far-
ther profecuted without confiderable
expence, and because his refources,
and thofe of his particular friends are
exhausted. It is furely a melancholy
confideration, that it should be poffible
to tax an appeal to juftice for the de-
termination of a fingle [fact, with an
expence of more than 40,000l. and
yet fuch is the fum that has already
been expended in behalf of Mt. An-
neЛley's claim. He has now, as the
Jaft refource, applied for farther affift-
ance to the public, and the public of
this nation has always been the defen-
der of the weak, and the avenger of
the injured.
But as it is neceffary to
acquaint thofe who are follicited for
afliftance with the ground upon which
the follicitation is made, a cafe has
been lately published, in fubftance as
follows:

Mr. Annesley commenced a fuit against Lord An-fey for the re-, covery of the old paternal eftate of the family, as fon to the late Load Altham, to whofe eftate and titile, his brother, the prefent Earl of An-fey, fucceeded, upon a prefumption, that Lord Altham, died with, out iffue; and the 11th of November 1743, he brought his caufe to a tryal at bar in the court of exchequer at Dublin.

In the course of this tryal Mr. Annesley proved, to the fatisfaction of the jury, who were gentlemen of fortune, and feveral of them lofers by their verdia, the following facts:

ift. That he was the legitimate fon of the late Lord Altham, and by Lord

Altham acknowledged to be fo feveral years after his birth.

2dly. That Lord Altham in 1722, when his fon was about 7 years old, began a criminal correfpondence with and having parted from his lady, who earnestly begged to have the child with her, and was refufed, he.fettled with Mrs. Gregory at Dublin. This woman hoping to be Lady Altham, and wishing a child of her own might fucceed to the honour and estate to which the fon of my Lord by his lady was a bar, the ufed all her influence to alienate the affections of Lord Altham from this child, and Lord Altham being at that time diftreffed for money, and not able to mortgage his eftate, of which he was only tenant for life in reverfion, because this fon was next in remainder, was induced by these concurrent motives to fecrete him.

3dly. That the child was actually fent to the houfe of one Cavenagh to be kept fecret; and that he found means to run away; that this exafperated Ld. Altham fo, that his difpleafure concurring with Gregory's follicitations and his own intereft, he ordered that the child thould not be received at any of his houfes, fince he would not abide where he placed him. That in confequence of thefe orders the boy was left deftitute, and was taken out of the fireet, maintained, and put to the free school by one Purcel, a butcher, at the recommendation of one Farrel, who told him who he was, my Lord being then in indigent cir cumftances, and deeply involved in debt.

4thly. That on the death of Lord Altham, Lord An-fey took the title, upon pretence that his brother had died without iffue; but fearing that fomebody might efpoufe the cause of the deferted child, he made feveral attempts to have him kidnapped, and at length, about five months after Lord Altham's death, fucceeded, by putting him into the hands of a conftable, up

on pretence that he had ftolen a filver fpoon; and getting him indentured at the Tholfel to Thomas Hendry, by the name of James Henley, as a vagabond, and tranfported to Ameri

ca.

5thly. That in America he remained in a state of the most deplorable flavery more than 13 years, and then having found means to efcape to Jamaica, he made his cafe known to Admiral Vernon, who fent him home.

6thly. That being known and receiv'd by fome of his father's friends, and application being made to his uncle in his behalf, he was fo ftruck, either with remorse or aftonishment, that he declared he would give up the eftate and title to Jemmy, his brother's fon, for it was his right; and that if he would allow him two or three thoufand pounds a year, he would go. and live in France, and in this refolution he continued fo long, that he engaged a perfon to teach him French, But that, 7thly. It happened, that in the meantime Mr. Annesley had the mis fortune to discharge a gun by accident, which killed a man; and there having been a difpute between him and the perion killed, before the accident, Ld. An-fey conceived hopes of getting him cut off by the fentence of the law as a murderer. He immediately engaged an attorney to commence and carry on the profecution, and declared that he would willingly spend ten thousand pounds if the prifoner could be convicted. He went himself to the Old Bailey on the day of tryal, and took his feat upon the bench, ufing every art to influence the jury to bring the prifoner in guilty, notwithstanding which he was honourably acquitted.

Upon a proof of these particulars, which fhewed not only that Mr. Annefley was the lawful fon of Ld. Altham by direct teftimony, but that Id An-fey knew him to be to, by his having first kidnapped him, and then injuriously profecured him

for murder, a verdict was found for Mr. Annefley. ■

But, notwithstanding this verdic Mr. Annesley has never yet received one farthing of the rents of the estate for which the verdict was obtained; for Ld. An-fey being in poffeflion of an almost inexhaustible eftate, has by writs of error, bill of chancery, and other arts of delay, kept off the laft determination of the law that is to put Mr. Annefley in poffeflion; fo that the rents are ftill in the hands of a receiver, and Mr. Annefey has it neither in his power to pursue his antagonist through the labyrinths of law that must yet be paffed before he can take poffeffion of the eftate for which he has a verdict, nor proceed to recover thofe eftates that lie in England, where no record of the Irish court will be admitted in evidence; and this is the more to be regretted as he has examined his witneffes, which are greatly encreafing in number and in ftrength fince the tryal in Ireland, and have lodged their teftimony in the proper office, which will prevent in a great measure the repetition of that chicanery which has hitherto fo much embarraffed and diftreffed the fuitor, so that the fum of 5,000l. will now at the moft extended calculation, bring the whole affair to a final iffue.

Another attempt was intended against Mr. Annesley's life in Ireland: Lord An--fey's huntíman declared in court, that he was inftructed to shoot Mr. Annelley, having a gun

in which eight bullets were found, and which upon examination appeared to be the property of Ld. An-fey. An Indictment was immediately preferred against his Lordship and others, for a confpiracy to murther, at the affizes at Athy in Kildare, and this bill was being traverfed by his Lordship, the trial was found by the grand jury; but the indictment

put off till the next sizes, at which time

Mr. Annelley's principal witneffes were under neceflity of being in England; tho', upon a motion fupported by proper affidavits, the tryat was stayed, yet the traverfer afterwards took advantage of the abfence of the profecutors,

and procured themselves to be acquitted for want of profecution.

In

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field, and Dolphin a-head, to re" connoitre the harbour's mouth, and Capt. Hervey to endeavour to land. "a letter for General Blakeney, to let "him know the fleet was here to bis "alliftance, tho' every one was of o

In confequence of this reprefenta- "ing on the weft part of St. Philip's. · tion of Mr. Annetley's cafe, a fubfcrip-. "I diipatched the Phoenix, Chettertion has been opened this feafon at Tunbridge wells with fuch fuccefs, that many great names have appeared upon the list, and upwards of 5001. which is more than a tenth part of the whole fum that is wanted, has been fubfcribed. Those who are willing to add their names to this humane and generous number are requested to apply to Sir Jofeph Hankey and Comp. in Fenchurch-freet, where a book is opened for that purpose: and though it is unneceffary to urge to the worthy and the kindly any other motive, than the pleature of exercising their own virtue, and the consciousness of doing good, yet it would be unjust to Mr. Annesley, not to add upon this occafion, that his difpofition has always arpeared to be fuch as leaves us no room to doubt but that he will, by every method in his power, fhew a greateful fenfe of the favours that in, confequence of this application shall be conferred upon him.

In our Magazine for June last, we bave given Admiral Byng's Letter to Mr. Cleveland, from on board the Ramilies of Minorca, which being no more than an extract, we shall bere. infert the Omiffions, as they have appeared in a Pamphlet, intitled, a Let ter to a Member of Parliament, &c. relative to the Cafe of Admiral Byng, with fome original Papers and Letters which puffed during the Expedition

A

piuion we could be of no ufe to "him, as by all accounts no place was "fecured for covering a landing,. "could we have fpared any people. "The Phoenix was alio to make the private tignal between Capt. Hervey and Capt. Scrope, as this letter would undoubtedly come off, if it "were practicable, having kept the "Dolphin's barge with him: But the "the enemy's fleet appearing to the "S. E. and the wind coming at the "fime time ftrong off the land, obliged me to call thofe fhips in,

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before they could get quite fo near "the entrance of the harbour, as to "make fure what batteries or guns "might be placed, to prevent our having any communication with the "caftle."

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Again after giving an account that the Captain, Intrepid and Defiance were much damag'd in their matts, thete words fhould have been added;

fo that they were endangered "of not being able to fecure their mafts properly at fea, and allo "that the fquadron in general were

very fickly, many kill'd and woun"ded, and no where to put a third "of their number, if I made an hofpital even of the 40 gun fhip, which was not eafy at fea." Though the Gazette indeed informs us, that Mr. Byng call'd a, council of war, and collected the opinions of the land officers upon the prefent fituation-it forbears to add " of Mi"norca and Gibraltar, and make fure

FTER mention of being joined" by his majesty's fhip Phoenix, off Majorca, two days before; the following paffage is omitted" by "whom I had confirm'd, the intelli"gence I received at Gibraltar, of "the frength of the French fleet, "and of their being off Mahon. His majefty's colours were still flying at "the cattle of St. Philip's, and I could perceive feveral bomb-batteries playing upon it from different * parts. French colours we law fly

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of protecting the latter; fince it "was found impracticable to either "fuccour or relieve the former, with the force we had; for though we may justly claim the victory, yet "we are much inferior to the weight

at

nificant word, might chance to furnifh too great an infight into the real orders of the admiral; and it was much more for the interest of fome particular perfons, that the people fhould rather believe Mr. Byng went of his own accord to fereen himfelf at Gibraltar, than that he went thither, in confequence of his orders to cover it.

of their flips, though the numbers are equal; and they have the advantage of fending to Minorca "their wounded, and getting reinforcements of feamen from their tranfports, and foldiers from their camp; all which undoubtedly has been done in this time that we have been laying too to refit, and "often in fight of Minorca, and "their fhips have more than once appeared in a line from our maftheads. I fend their lordships, the "refolution of the council of war." Immediately after the following paffage is wholly omitted. I

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hope indeed we fhall find ftores to "refit us at Gibraltar, and if I have any reinforcement, I will not lofe

Thefe, Sir, are the mortifying members of the admiral's letter, which fome flate-furgeons deemed neceffary for amputation. Thefe the un

intelligible paffages, which, out of mere mercy to his intellects, they fo humanely concealed from public derifion.

Being lately arrived in town I was

a moment's time to feek the e- CITY POLITENESS. nemy again, and once more give them battle, though they have á great advantage in being clean hips, that go three feet to our "one, and therefore have the choice "how they will engage us, or if they will at all, and will never let us close them, as their fole "view is the difabling our hips, in "which they have but too well fuc"ceeded, though we obliged them "to bear up."

Nor was the following article thought proper to be inferted-" I "cannot help urging their lordships "for a reinforcement, if none are yet failed on their knowledge of "the enemy's ftrength in thefe feas, and which, by very good intelligence, will in a few days be ftrengthened by four more large • fhips from Toulon, almoft ready "to fail, if not now failed to join "them."

".

The Gazette, in another part, inferts these words, making the beft of my way to Gibraltar," inftead of to COVER Gibraltar; and here by the way, let me obferve, that there is a deeper defign in the omiffion of this fingle word, than perhaps you may at firft be aware of: It was doubtlefs thought, this fig

furprized to find the wrong idea I had conceived of its inhabi tants; I imagined the men wife, induftrious, and frugal; the women of excellent fenfe, and notable houfewives. Instead of which the young' citizens are ambitious to appear as polite as the gentry at St. James's, and the old ones take advantage of their folly; to appear fashionable, to do things genteely, and to be able to make one at a party at quadrille, are accomplishments in the women fuperior to a vulgar concern for their hufbands or children. This ambition in the citizens, feems one occafion of that general complaintWere there ever fuch times! How hard an age 'tis to live in! How dead is trade! How fcarce is money! For fuch trade and fuch times, in which their fathers would have grown rich, will hardly fupport what they call a tolerable figure in the world. My coufin Short Yard, the mercer, has great bufinefs; yet owns, that was it not for a land eftate, the profits in trade would not have defrayed the expences of his family; and 1 believe him; for he keeps his brace of geldings, drinks French wine, and

frequents.