The Sun. — London, England, 1802-01-27 00:00:00

) 0. NAVAL NEWS. PORTSMOUTH, J AN. z 6. HARWICH, JAN. 26. DEAL, JAN. 26. FALMOUTH, jAk. 24- ARRIVED this evening, the Ann Transport, from Gibraltar • left that place the I st inst. in corn- Pany with His Majesty's Ships Diadem and Ulysses. Arrived the Aurora, M'GEE, from London, bound to the Coast of Guinea; Vrczci Catharina, from Guyonne for London, with nuts ; and George, Boy Lit, from London for Lisbon. Sailed the Minotaur Man of War and Carysfort Frigate, on a Cruize. THE Express Packet, Capt. Dtt.t., and the .bran Packet, Capt. STUART, arrived from Hel voetsluys, each with a Dutch Mail and Passengers. ARRIVED and sailed for the River, the guno, MILLER, from Charlestown, and Lady Ando•ver, 1-1 6.DDEN-, from Jamaica. ARRivzn the Walsingham Packer, in ten days, from Lisbon, with Mails and Passengers. Sailed from hence with Mails on the 28th December, and arrived at. Lisbon on the 4th of January, where she Mfound His Majesty's Ship Penelope, of 36 guns, vDC BL ACKWOOD ; Co ns t ance , o f 24 guns, Capt. ct and Netley Schooner, remained in the Tagus until the 13th ; during which time His Ma iesty's there Ship Phaeton, of 38 guns , Capt. MORRIS, with arHved ;• as did also th e Ki ng George Packet, Mails from Falmouth ; she left the above Ships in the Tagus when she sailed, and arrived here this day, without speaking any vessel on her passage, for has she brought any news. The only passengers were, Mr. GA.RDNER, Mr. BROWN, and Mr. TIP LARY. The Mails of the 13th and zoth inst. for Lisbon, temain here still. GREENOCK, JAN: 22. blur a most tremendous storm all yesterday and part of last night, from N. N. W. The Afe)4ury, 13'Ect, from Charlestown, arrived atly in the morning) n came hin G- - foci( Bay ) w h ere she sti a ll d remains to ; anc bur, or as it ou is EOW moderate, she is expeeted to get u p to t h e R oa d s this day, Admiral Lord NELSON attended yesterday at the A dmiralty. ' There are about twenty Vessels at Harwich, ‘‘ind bound, many of them with loss of anchors and talyit?rand other damages. dove Nine sail of vessels went to sea the 4th inst. from Shields: The next day a gale came on, which of them them all on shore upon Seaton Sands ; three 'enl 'be wrecked, the others are expeded li)b e got off. The Planter's Reward, Dunn, of Alloa, bound to Berwick, foundered off Eyemouth on the 16th inst During ihe performance of La Grande Ville lately at Paris, a disturbance took place in the Pit. A Military man, who interfered for . the restoration, of Order, was struck, on which he drew his sabre ; and several individuals being Much alarnied, got t_i!pon the stage: Order was soon restored, and the fiece was finished in tranquillity. At all . the re presentations of La Grande Yale, the approvers of the Piece, _and those who are hostile to its repre sentation, 'appear nearly equhl in number. There seems a sympathy between the great Singer s and Dancers at Paris and Landon. The last French Papers announce, that Mademoiselle IylzzEriA., a celebrated Dar.cer, was dangerously ill.. We have our Dancer, cur PARrsor, our BILL INGTOti all laid up at once. l Some time since, a new Sed sprung up in one of the North American.countrics, who have taken the appellation of Deists. Their system rejeds every . social regulation; which counterads the impulses of attire, and on these grounds, the marriage Lion entirely is exploded; leaving that species of connexion entirely to the didates of Nature. Unfortunately, however, for this Society, the greater part of it is composed of adventurers, thieves, and plun_ eters.. n „,- A r s " who lately re s id e d i n a Northern c ounty, and Wa S con s id ere d among his rustic neigh, bouts as ed to a man of great learning, was very genetally employ write epitaphs. His Latin ones were t ie ha always c u med opris e d h r two words, " Talis eris"— d this so f requently; that he at last . got, among the countrymen, the name of the TaliJ-Inab* On Sunday last Mr. ld a wager e)f five g u i neas that he would crossthCit the y ri ai ver Thames in a washingltub at high water. About eleven o'clock in the morning he made the attempt, at tended by four boats, and proceeded with much dexterity •.vith his paddles until he got into the rniddle, when, losing his balance, the tub upset, and Mr. H. was immersed in the surge, to the no small entertainment of the spedators. A boy, only Li i , years of age, was yesterdaj, brought before the Magistrates ,at Boxy-street, by Ids. master a Gentleman in the Temple, to give an account his master's chambers ; in consequence of which, som e of the Bow -street Officers. had kept watch the. preceding night, in expedition of the robbers.. but nothing taking place, the truth of his story was auspeded, and on being interrogated, his whole tale ‘‘',as found to be false, and his persogzas identified as haying bee n in July last tried for stealing a sil- vet vvatch, - the Old Bailey, but acquitted. There being reaso n to susped he is conneded with thieves The 4a g istra tes ordered hi m to be detained. , LAW REPORT: COURT OF KING's BENCH, JAN, 26. CHARACTER OF BAIL. hi the course of justification of Bail, in tvhici - t. it .was stated in an affidavit, which was made ki . oppose them, that one of them had lately been di - charged by an Insolvent Aa, and that neither of then was solvent, as the Deponent was informed Iv some of the neighbours of the Bail, &c. the Bal themselves denied all this, and swore positively t) their possessing considerable property in the Fund:, &c. This was stated on the part of the Plaintif to he a surprize on him, and therefore' it was re quested, that time should be given to inquire fur. ther into the thar a a e r of th e Bail ; but Mr. Justice GROSE said, that those who make inquiry into the character of Bail, should not take at random what any body may say to them in the street, and then come forward and make affidavit of it, for, by this pradice, it much too frequently happened, that the chara&ers of men who became bail for their friends, were grievously slandered. Those who made these inquiries, should be cautious of what they swore to, and take care there was some foundation for that which they stated as in formation from others. The Learned Judge said, he disliked exceedingly the affidavit in this case, and for that reason would not allow any time for further inquiry ; upon which the Bail justified. Upon a motion to change the , venue upon an Affi davit,.stating that the cause of A6tion arose in the counties of Norfolk and Suffolk, and not in the county where the venue was laid, Mr. Justice GROSE said, the Court has always held the rule in this case strictly ; there is a com mon form to be followed in the Affidavit, with which the Court will not dispense. Motion refused. Mr. GAR ROW said, he was to make a Motion which Lord KENYON had frequently expressed a wish to hear, and which another of the Learned Judges had occasion also particularly to observe was much to be wished for in consequence of the negligence of those who had the care of several Causes of late in Surrey. It often happened that the Judge appeared urn the Bench, the Jury sworn in a Court of Justice, -,;le titles of Causes called en, but none of the Parties who had the' condul of these Causes appeared, so that they were struck out. This Lord KENYON had often considered as a grievous matter of complaint for the Parties, and that a Motion againsl those who were guilty of such negligence, ought to be favourably received. Mr. GARROW said, he had an exemplary instance now to bring before the Court, against an Attor ney, whose name we shall forbear to, state until after he shall have an opportunity of sheaving Cause, the particulars of which he stated, charging this Attorney with having undertaken to be ready for a trial, but when the Cause was called on, the At torney was not there, nor had he instructed Counsel. It charged him also with having made out Ali ac count of subpoenas which he had never i s s ue d. The Motion therefore was for a Rule to shew cause why this Gentleman should not pay all the Par'ties the costs which they had in these pro ceedings, and that the Attorney. may answer the matters of the Affidavit, and attend the Court in person at the time of shelving Cause: Mr. Justice GkosE said, that Mr. GARtiOW ended where he thought he should haVe biguni= The Rule should , be granted to shew Cause. Sup posing the case to be as stated in the affidavit, it was very fit fdt the Court to examine. The Mo tion was a very proper one. As to what had been said upon what took place lately in Surrey, it was certainly true that great negligence appeared 'before him, either in the Witnesses or Attornies, or, per haps both, the effect of which was most inconve_ ient to the patties, and deserved great reprehen_ sion. Rule to spew Cause granted: INSOLVENT DEBTORS ACi". On a question, whether a Party who had been disc charged under the last Insolvent Debtors Aft, was discharged Only as to his person, but his effects were liable for debts whit!, he owed before that. discharge ? Or, whether, on that discharge his goods were free as well as hi s p e r s o n ?-A-..an argu.: • sent of considerable length took place • • The fans are theSe:—The Defendant was debted to the Plaintiff in 1798, upon which the Plaintiff obtained judgment ; but did not charge the Defendant in executiom The Defendant was dis charged under the late Insolvent Debtors After this; the Plaintiff revived his Judgment by Scire Facial, without any real notice. to the De fendant, and afterwards issued Execution ; and levied upon the goods of the Defendantwho now con. tends, that this Execution was a bad one, for that both his goods and his person were discharged by virtue of this Insolvent Ad: The Phintit contended, that the ExeCution was a legal ExecUtion in this case,. for that the insolvent Debtors Al discharged only the person of the De fendant from the effeit of his debts at the time of his diseh-arge, but .that his goods were liable to the payment of his debtsi Gtatis contended ; that the execution was a good one, and he said, that although it was not always an easy thing to find sense in every clause of an Insolvent Debtors A6l ; yet it would be pretty extraordinary if the Legislatereh a d put th ose . w h o pursued legal dilig ence f o r the 'recbrery of their debts, in a worse situation than those who had ne gleeted their tights ; and had not pursued them at all, which would be the case ; if this was a bad execution, since it was dear that this Plaintiff would have been entitled to issue out an execution against the gob& of this. Defendant ; if he had not pursued any measure for the recovery of the debt before the Defendant .was discharged : Mr. DAMPIER,- on the other side ; contended, that this was a case i n w hi ch the Plaintiff had no merit in his diligence, for the judgment was signed In 1798, and revived by sci facias, first and second, returned nibit, behind the back of the De fendant; but by which the judgment was, revivcd,„ a thing absolutely indispensable Witen the, judgment becaMe above a year old ; and after the Defendant was discharged by the ad, his goods were, on a sudden, taken in execution. it was true he might be let in to plead, and put this queStion in issue; but to be let into plead Withotit a restoration of the goods upon which the 'ei,:ecution was levied, was a hard Measure, for, by this step the Defendant had been for a second time, absolutely, as he swore, reduced to beggary; Ile contended, that the last Aft for the discharge of Insolvent Debtors, upon the fair construCtion of it, meant that when any mail had the benefit of it, he was, not only discharged in his person, but every aftion, like the present, pursued against him, before his discharge, was like wise at an end ; so that neither his effeas nor his person could be again taken in execution for any such aelkns before his discharge. Mr. Justice GRoSE said, it seemed to him that the best way to meet the justice of this Case, was to let the Defendant in to plead if he should be so ad vised, not to order the 'Plaintiff to restore the goods, for that he must do, and a good deal more, if the issue should be found against him. The Learned Judge said, he did not pretend to be thoroughly possessed of the meaning of the Legislature in every clause of this Aft of Parliament, but he had been concerned in the discharges of many Prisoners under them, and he had always understood that the person alone was discharged by them, hut that the effects were liable; however, the Defendant should have an opportunity of pleading in this Case, if he should be so advised, and that would draw the whole question into discussion. In the Case of an Officer in the Navy who had resisted the Officers of the Sheriff when they came to arrest one of the Officers on board, and for which a Motion was made for an Attachment against him, Mr. GAZELEY, on the part of the.Plaintiffsaid, that this Gentleman had paid all costs and charges in this business, so that the Plaintiff had no objec tion to dropping the pursuit of it, if the Court were satisfied with the apology which he understood his Learned Friend, Mr. HoLRoYD, was instructed to make for the Defendant. Mr. Justice GrsosE.—" Well, Mr. • licii.kOyD, what have you to :.ay for your Client ?" Mr. HoLiterro said, that his Client had paid all casts and charges in this matter. His condud, he acknowledged to have been quite improper. He was instruded to make a submission to the Court, as had been done to the Admiralty, and he trusted it would be received. • Mr. Justice GROSE.—" I hope this, and other Gentlemen, will take warning by this case, and be convinced that they are not, under any pretence whatever, to resist the process of the law, to which all classes of His Majesty's subjeas must yield a prompt obedience. If this Motion had been per sisted in, the consequences •to this Gentleman, might have been very serious:" Rule discharged. CERTIOKAKI. Mr. CLARK moved that the personal attendance of a Mr. 'Batton, who had been found guilty of an Assault at Alnwiek, in Northumberland, might be dispensed with. The indidxnent upon which he had been found guilty had been removed by Certi.. orari, from the Quarter SessiOns to the Court of King's Bench. Tile Defendant - was sixty-three years of age, had satisfied the Prosecutor for his cogs, and therefore wished to avoid the inconve nience of coming from such a distance to appear in Court. Mr. Justice GROSE said, the practice of remov_ ing Indictments from the Sessions to the King's Bench, was frequently attended with great incon venience, and had long been complained of, and he wished it remedied. He could see no reason for al lowing private Prosecutors, except where the in terest of the Crown Was concerned, to remove In_ ditiments by Cettiotari. It was not for the Court to depart froin the praEtice, but certainly it was a most grievous evil; The Prayer of the Motion was granted. ANNUITIES; Mr. Gi a BS chewed cause against a Rule for set, ting aside an Annuity of 601: granted by Ann DO rothy Stull to the Rev. Mr. Mitchell, for the sum of 60°1: The objections to the Annuity Were, first, that the consideration wa s stated in the memo.: rial to have been paid in money; when in point of fzia 1001. had been paid by a cheque on a Banker ; secondly, that Mr. Mitchell had not purchased the Annuity for himself ; but in trust for his daughter ; and thirdly; that the freehold pfeniises upon which the Annuity was secured did not amount to the yearly value of the Annuity. The Counsel argued in support of the Rule, who failed in making out any one of the objelions. It appeared the cheque Was given; and the money re ceived a month prior to the deeds being signed ; that the premises were of the yearly value of 16°1.; and that Mr: Mitchell had only stated in a letter that the annuity belonged t 9 his infant daughter, in order to induce the grantor to pay the arrears due upon . it.--The Court discharged the Rule with Costs l'Ht KING Z. STE TENSON. The Defendant is the Gentleman at Weviicastie, who was last Term accused of secreting from his friends the Captain of a Greenlandman, under pre tence of his being insane: On the affidavit of a person who had been his Mate, and.a quack-dodor of the name of Patterson, a Motion was then made for a Writ of liatas Cat pus, calling upon br. Ste venson to produce the body of the supposed Lunatic. These affidavits were answered in a very Satisfac tory manner ; brit the matter was ordered to stand over till this Term / that inquiry might be made whether . this madhouse was visited according to Asst of Parliament / and that the sci-disant Dr. Pat terson should shew by what authority he took upon himself the style an d title of M. D. thereby deceiv ing His Majesty's liege Subjefts. Mi. ATTORNEY GENERAL said, he was in pos session of voluminous Affidavits which proved the condud of Dr. Stevenson, in the whole of this , ttiansaeti&i, to haV6 BienMOst hontitirab anj flit=: inane :' but lie belio7ed it Vpitild be Unneeessari fdi. hiM to go through ific'-rn,"and he therefore should not unwarrantably consume the time of the Court; it appeared froth the Affidavits, that the insane p;er son vas no longer in Dr. Stevenson's custody; cow that it was qUite imposSible that the Writ cbuld now issue. Ctitts, the Mate, in a way on WhiClf ' the laW would not ldok with great favour, had iiot him into his phsseSsion. Mr. Justice Gaost putting Some question about Patterson, Mr. Attor.z ney said he had expressed great sorrow for arrogat, ing to himself a title which did not belong to hiai., He still pretended to be able to unstop the cars of the deaf, : and to confer upon the dumb the faculty of speech; but he allowed that he had never been dubbed a DoEi'oe. Any criminal officious neSs of which he had been guilty in the begin ning of this affair, he had perhaps atoned foi• by his subsequent condud. A short time ago ; In the neighbourhood of Durham, he was surprized to see the Attorney employed by the Mate; open the top of the London coach. When he drew near he found that there was a great disturbance among the inside passengers. At last the carriage was obliged to stop, and the Attorney, to quiet the fears of the other three s said to them, " don't mind My friend here, he's only insane." This was no other than the unhappy Captain, whom they had spirited away from Dr. Stevenson's, and were hurrying to Town. This speech had a very different effea from what was intended. in the midst of their consternation some one said, this was a case in which the vote of the majority was binding, and moved that the Mate should be expelled. The motion being ear.; tied by acclamation, he might have have been left in a very destitute condition, had not Patterson humanely taken him home to his lodgings in Dur ham. Having here been treated with great kind ness, he was furnished with money to rettirri to Newcastle, but he' again fell into the mate's hands, and was put on board a ship. In sailing down the Tyne he watched an opportunity to call a skuller, and was rowed ashore. There were Mil davits of those who had seen him since,and who declared him still to be quite deranged. Mr. MARRYATT, who reproehted the other side after complaining of Dr. Stevenson's unwillingness to alloW the Attorney admittance to his patient, °Tot served that he did not see why the case should no; be strutk out of the paper, and it was struck out accordingly. COURT OF COMMON PLEAS, J4N. 2C. SITTINGS AT CUILDEIALL, HARRIS 2+. LttiniWALTE, it appeared that an agreement had been made between the Plaintiff and Captain Leeth‘,vaite, de ceased, to Whoni the Defendant was Executor, that the deceased should take out to the Mediterranean certain goods bought by the Plaintiff; Which the fortrier Was to . sell to the best advantage, and was to share the profit with tht PlaintifE Goods which had been purchased by the Plaintiff to the amount of 14.001. 'Were shipped on this account Onboard. the vessel commanded by Captain Leuthwaite. Upon Captain . LeuthWaite's return, to Portsmouth, after completing his voyage, the Plaintiff sent down a person to hith, to whom t h e C a p ta i n almitted that he had sold a part of the goods, and said, he would very shortly pay the Plaintiff' V.hat was due to him out of the money he had received on account of the goods, and give him the account of the whole ; but the next day he was taken ill, and died in a very few days afterwards This AdiOn was brought against the Defendant 3 as ExLtentor of Captain Leuthwaite, to recover the value. of the goodse It appeared, however, that the Vessel in question was the Isabella Transport, hired by Government, and eriiployed in the tr.tnsport service; whith Leuthwaite the deceased cotemanded 3 and that part of the goods in que - stibn were. adttally put on board as ship's stores: One of the Owners of the Minsport stated, that the vessel was entit.ely let to. Government, and that according to the rules of the TranSpott Sert'ice, the Commander could not take ont in her any gooth• whatever for the ptirpoSe of selling theat; Lord AtvAra.EV being dearly of opinion that the whole rransaaion ‘vas clandestine and illegal„ and that. the Plaintiff had therefore no right to rep cover, the Plaintiff's Counsel consented td a ncin;, suit: • CORN. EXCHANGE; januar:y 2 7. . . . Our Market was well supplied in general-=Oats inplenty; and is. lower ; Beans something legs 'Wheat and Flour steady : Rape.:seed rather dull sale, and moderate: . . Wheat Gas 7os a BOs od Old Peai 45 3 64 Fide do. - Szs a 84s ad Tick do -34 s a 355 . ad M a lt = 41s a4O od Oats - ags a 24S OCt Fine do. - jos a 52s ad Poland do. -2,5 s . a 2,6 s 6d Barley -38 s a 4 ts 6d Rape Seed 351 a 371 per last Rye - • - 30 a 42s od Fine Fleur 65 s a 7 0 5 p er sac k Pea :;e Pe,e 38s a 42s od SeCond do. 6os a 65s per do. Beans' - 35 3 a 3-is od The boisterous night of Wednesday last, occa sioned a number of accidents in Bristol.—Oue of the large eirri-trees in Otteerf-square; was blown down, and in its fail greatly damaged the iron rail ing before the house of Mr. Fit Wear. Part of the railing of the New Market in Union -street, was also bloWn dom.% LaSt week, the servants of r respectable Farmer at Stone r near Berkeley', being desi,-ons of passing a trick upon orr of their fellow servants of a weak mind;. dressed a man in women's doaths, and with a black face demanded an arriicnee with the poor man, who s'as so Much alarmed that he ran away, but on his return he was told another peilon, more frightful, and daughter of the whet, .•e)tii,zl call on him in a few days, which so preyed On his mind, that he hung hithself in an out-house a ti;i.y.or two afterwards: A few evenings since, hs Mr. Burton, of I\rew.. ington, was on his way home, he was .stopped on the Grange road, leading into Kent road, by three men, who robbed him of what money he had about him, and-Bills of Exchange to a large amount, with which they xetreatcd into the adjoining, ;.d,