The Sun. — London, England, 1802-10-26 00:00:00

• 1.1./IVAL YARMOUTH, Ocr, :5: [lc Co n- MARGATE, OCT. 24. ird' Tnry Nl. - • per )01 lia al in in a ea ed n 1 }~e " T. see the Aetor's rctezit in hir mita." FS( " s DEAL, Ocr. zs. ,• , • SAILID yesterday afternoon to Sheerness, His Ma-, jesty' s Sloop Savage ; and last night for Ply mouth, the Amazon, Galatea, Magicienne and ii/c/tiene gates, and Sophie ind. Raven Sloops. ARRI'ED the Diana Packet, AIoaTLEMAN;ina Princess Royal Packet, SANTER, from Cuxhaven. DISTRIBUTION OF PRIZE-MONtY. • ' To the Theseus and Tigre, for the capture of sundry brass Runs and shot on the Coast of Syria, a distribution will he '!.L - ade on Tuesday the 26th inst. at the King's Head, Down-' 111 g-street, file Gun-Vessel Plumper, for the Capture of the Brig sally, w ill b e pa id on th e tst o f November next, at No. 6, S tanhope -street, Newcastle-street, Strand. The Sloop El Corso, for the Genoese Polacco La Con cezione y San Vincenzo di Ferrara, and also for the French Privateer Le Tombeau des Tirans, will be paid at Nu. 13, Barnard's, Inn, Holborn, every succeeding Thursday. The Sloop Fairy, for the capture of the Vriendschaft, will ue paid on Thursday the zBth inst. at No, tz, Upper Thames. street. Friday a signal was made on board the flag i ship in Hamoaze, for a Court Martial, to be held on uoa r d the Courageux, of 74 guns, Captain 0. I'IA RD y, who was President, and J. LIDDEL, Esq. Judge Advocate. The trial commenced at ten O'clock, on Lieutenant SOUTHCOTE. of Le Renard, of z 4 guns, Capt. CATHCART, in Hamoaze, for a charge of tyranny and oppression, preferred against him by Mr. MITCHELL, late Purser of Le Renard. At three o'clock the Court adjourned to Saturday at ten, when the trial again commenced. The Evidence being gone through for the Prosecution, and-Lieutenant SOUTHCOTE having delivered his Defence ; the President and Court acquitted him of the charge preferred against him. tv 1. "174,11 our season is near upon its close, yet ec " still boast of numbers who linger over the ' c chcs of past enjoyment. KTODMAN thought it w °tth hii while to have a Ball on 'Monday last, and t thought rightly, for he had a very brilliant and •flualerou s assemblage, who, to a lye hour, tripp'd " " the light fantastic toe," a quotation some. "hat trite, but very descriptive. On Tuesday the Theatre presented us with The ?or Gentleman and The Midnight Heir. The title of the Play was too well illustrated by the Teceipt of the House, which must have been a very Per one indeed. There was a Grand Ball the same everting at Ramsgate, which probably injured the :Theatre. On Wednesday the bills of the Theatre announced Benefit for the laudable purpose of increasing the Stock Of THE BENEVOLENT FUND, a truly charita tle and philanthropic Institution, founded by Mr. bRArER, one of the Society commonly called Quakers. It is situated in a charming spot, where the mind may at once feast on the beauties of Na lure, and contemplate the blessings of Benevolence. „. -Ole Houses which constitute this Institution, have each a garden. The centre mansion is allotted to the Governess. There is a Chapel appropriated to Ike religion of the SeEl. The present Governess, Nits. BEALE is eighty-eight years old, and it may truly said that " Age sits with decent grace upon her visage, " And worthily becomes her silver locks.' The Play on this interesting occasion was Lover's I ' 0 :7- c is. The part of Frederick was performed by a Gentleman from London, whose talents would have entitled him to approbation even if he had not ap- Peared in support of so interesting a cause. 13'y way of Interlude a scene at DaArles was 4 t rod uce d Trustee by Mr. Ls B4s, Mrs. -Peal e the Governess, by Mrs. TAYLOR. This little Piece, which was written by Mr. LE BAs, Who' a&ually in the situation which he represents, vas intended to explain the nature of the Charity. la n; an d to advantage as Author, M.lor, and 4 , and Mrs. TAYLORirepresentcd the venerable Governess with admirable simplicity and truth of n atafter. CHARITY, however, on this occasion, 4 .„ ee ;n 6 d inclined to illustrate the truth of her prover -at coldness. , On Thursday Ktr)DMAN's lamps were eclipsed by t ie sparkling . dyes of his Female Guests. Ittacbetb was represented, on Friday, at the heatre, and in.a very respeaable manner . through- The Mana'ger allotted Saturday night at the The atre, to his Performers. Richard was performed, *or the first time, on public boards, and merely for that occasion, by a young Gentleman. The amia ble purpose of the deed must smooth the brow of Carrie ISNI, and induce her, if we venture a parody, A melancholy accident happened at Deal Castle on Sattirday night last. Three of Lord CARRING-• roN's women servants, induced by the mildness of the evening, imprudently ventured to bathe on the beach between nine and ten at night, unknown to the rest of the family. As the shore is steep and dan- Vrous at that place, two of them were soon out of their depth. The cries of women in distress were heard in the Castle, and several persons ran out to their- relief. -The bodies were brought on shore, and medical assistance was immediately procured. Pos., of them was soon recovered, but every me thod of the Humane Society was tried on the other for several hours, without success. She had lived in the family for several years, and was the daughter e . f one of his Lordship's tenants. John Denham,-supposed to be a principal in the iburder in Compton -street, Clerkenwell, and for i whose app re h ens i on a towar d was o ff ere d, surren ),ereti. himself up to the Gaoler of Giltspur-street 'i , omprer on Sunday night : he yesterday underwent ! . shor t exam i nat i on at Guildhall, when he *as re . hi - fed - to die Office in Hatton Giirden, to exacain- , with the rest of the Prisoners- . 1-:It .'.;iiri . i t;tl - 8 illailf.rgt. .. f- , .4:-.;1- '', .-. : , • i .„ , ' ' -4 , i , Wrf! • , ".'"r4;;; Tl:', - ' . • : ::' :. ' . i ; . :II r. ::Vtll':: ' ,....DrlOY Lane, . , Tile 'Tragedy of /11,,:: ) ; 011ie* of' S'e . c.!..c 'ivas repro_ aerated last night 'at 'this 'Theatre. ' it is •a very heavy Piece, and deniands"lhz:pOwerS of first-rate Performers, in the piincipal CharaaerS, to renderl it at all interesting. By the power:ill •stipport of K4iBLE and Miss. Stoooris, it obtained a short. lived reputation, and as their'talents are withdrawn, it will probably sink into oblivion; ...,. Mrs. Epp,a. performed the part of the unfortunatie *Merry, with great, feeling, and, would have been more affecting, if she had displayed a less elaborate 'pathos. -B ut she certainly struggled under consideT 'able disadvantage, in following the great Aaress - we have mentioned. After this dull Tragedy,. the once celebrated , Operatic Farce of Midas, was for the first tune brought forward at this Theatre. It is a wh'itn sical, extravagant Piece, and not without entertain pent. 1 - The charafters were tolerably well supported. :SUETY seemed to be afraid of giving way to his humour.in the part of Midas, which we clovlbt not :he will hereafter sustain with.more spirir. He sung ithe. air preparatory to the contention between Apollo :and Pan very ably in point of skill, and 'with a 'mixture of .humour that excited much applause, and - induced the Audience to demand it again. KELLY was very successful in Apollo. He gave all the 'airs very well, and particularly that which has' been so long hackneyed, " Lovely Nymph," in which he was encored. Mrs. BLAND was the Nysa, but she was too much indisposed to be able to sing the -airs. Mrs. MOUNTAIN'S Daphne was conspicuous in the: Piece, and she sung admirably. Pan was well pelformed by CAULTIE LD, and Silenas by Di GNI/M. Miss TraER, who is unfit for Mysis ii, point of age, assumed a disagreeable antiquated tone, which quite destroyed every pleasant note , of her voice ; she, however, gave the-part with huniour. This Opera is brought forward wit h imignificence and beauty. The opening scene, - rt"Tresenting the Heathen Deities in Heaven, is-very. splendid, and the gradual elevation of this Scene produced a fine. effea. 'The last Scene, exhibiting Thfercury and the Muses, was also very beautiful. The House was crowded, and the Akuclience seem ed to receive the Opera like an old Favourite, that ' reminded them of past pleaiure, arid that deserved to be revived. LEW IS is so much recovered. thax he was able to attend the Rehearsal of the new Cc medy, yesterday morning, at the Theatre. This e,. trly return to his professional labours, is very honour to his sense of duty, and we hope that it is fully sanaioned by medical authority. The new Piece, a House to Let, properly enough, comes from the same quarter as. F;;ist Floor. We hope, for the sake of the res ve6tal:,le literary Builder, Mr. Cons, that his new . Urarsatic Struc ture will be well tenanted. Notwithstanding all that has bee 11 said of Mr. SH LID AN'S intention to bring foi tward his long promised Piece, The Foresters, we ha we to expeaa_ Lion of an original Drama from his M use very soon. Rumour, however, says, that he is al )out to revise, and alter a Piece, written by one of o or old English Bards, which, with some of his anim sting touches, may become, in point of success, anot her Pizarro, Since Mrs. SZCOND has been annc taxed to per form at the Bath Concerts, after a sec. !ssion of many years, the Musical Amateurs of that elegant Place of Amusement are all on the tip-toe c A expetation to hear her sing. Mr. VANBRUGH, late of Bath, $o generally known, who was last week interred at : St. Stephen's, Walbrook, was the only Nephew of t, he celebrated Sir JOHN VANDRUGH, whose Son was killed at the Battle of Fontenoy.—He has bequeathe d part of his property, after the death of his wife, t , 2 a relation, a Mr. VANBRVGH, in Lancashire. No less than thirteen Clergymen haw( started for a Perpetual Curacy in the City, which is in the gift of the inhabitants of the Parish ; sever. 11 of these Candidates for the clerical comforts of r 5 per an num, have families of seven or eight child. ren. PUBLIC OFFICE, MARLBOROUGH-S ritEET.— On Saturday Mr. Luke Hansard, Printer, of Great Turnstile, Holborn, charged William Du( hey, one of his men, before JOHN SCOTT, Esq. th e Sitting Magistrate, with leaving his service, anc I a parti cular work unfinished. Dudley, in his defence, alleged, that lie had given Mr. Hansard t he usual notice to quit his employment, and before the ex piration of such notice, being unable to proceed with his usual work, he applied to Mr. I J. who offered him the work in question, which ha d been begun by another hand, and that when it was given him to finish, he requested of Mr. Hansard to allow him the usual pay of eighteen-pence per she et for additional trouble. This he had refused to (I( i, and therefore he did not think that he was bou4d to go on with the wotk. Mr. Hansard said, tha t the demand was unreasonable, and that no Printer ever paid such a sum per sheet. He called two res pec table Printers to this fa& One declared tha,: he paid no more than a shilling per sheet ; and the other said, that it was not the regular custon t of the trade to pay the, sum demanded. It bet ing intimated to Dudley that'an apology would sari: tfy Mr. Hansard, he requested of the Magistrate tl tat he might be permitted to withdraw with some of his friehtis who were present. He was permitted to withdraw, and on his return he wished to ma: ke such concession as the nature of the case require a. Mr. Hansard said, that he would not accept of an y apology ; that he had brought him before the Ma. i gistrate to answer for his condua, and,,that then :- fore he left it wholly with him. Me.: SCOTT of '- served, that if. he did not eliuse. to accommoda re the matter, he must of course follow the stri Letter of the Law, which, in cases of this kin authorised him to commit the Defendant to priso ti, optionally, either for, three months or one mond In this case he should inflkt the mildest punishment:, which was, that he be committed to•the House o t Correction for one. month. lie WAS accordingl:, tile/DlRittect, BAILEY;'IIiwiDAri. Ovra iSj AbMIRALTY TifE Court was funned it nine O'clock, .When the . 'Commission was cisperied; and the, Grand Jury sworn, tupOn which - Sir \V. Scbir deliVered to_thetri "a,charge, near )y, as we could hear it,. to the following effea ." Gentlemen, you are noW.Callea upon to exer cise the funaions of a Grand JurY•for the jurisdic tion of the Admiralty of,England - ; an in„ i uiry into... all offences committed on . the High Seas ; Offences of every description, as the Law now stands, Com mitted in every part of the globe where the ocean flows. The local extent of the Admiralty has'been immemorially the same, and is anaffeCted'by the - Statute which new-models the 'form - of proceeding by the establishment of this Commission','' but the limits to which the authority; of this Coin_ mission is confined by statute, now extends to other offences besides those that are of a capital nature. In former times, inferior offences Were_not cog_ nizable in a Court of Admiralty, but a late statute. has extended the authority of this Court to every species of guilt upon the High Seas. " I need not inform you, Gentlemen, that file duty of ,Grand Jurymen is precisely the same now as has always been by the Law of the Land, it is to inquire with vigilance, but with carrion,- whe 7 ther any criminal matter imputed to an individual, on testimony not incredible, is such as ought 'to' put him to the painful. necessity of defending his good name, his personal liberty, and, possibly, his life itself, on a public trial ? " The termination of the late War has happlty put an end to offences which arose our of that state of Society in which it was placed, particularly with regard to criminal offences which have painfully oc cupied the attention of this Court, and which were unusually prevalent from the melancholy relaxation of principle which caused them, and to which so many of the late disorders of the world were owing, which are now most happily over, but which prodUced, amongst others, the crime of assisting the open Enemy, engaged in enterprizes at Sea, by which men were acting against their King and - Country. Your attention will be, for the present, directed to such crin.es as often arise out of an ordi nary state of human society. It is indeed probable that Murder may be submitted to your considera. tion ; but that is 'a subjea, unhappily, too familiar here to require any instruftion from me. Cases of persons in the command of ships, possessed (by a just and Wise policy of the land), of strong power, to be used as means of general safety, not fur the purposes of private malice or of vengeance, may come before you ; if cases of that kind should be sub mitted to you, on credible testimony (for you will remember that personal dislike, and turbulent passions may lead to very unjust crimination) ; but if cases are supported by testimony not incredible (for it may happen that death has been occasioned by an undue use of such power), you would refer the in vestigation of such a case to a more public inquiry. . _ " Anoth,:r offence is likewise to be submitted to your inquiry—that of destroying, and of procuribg to be destroyed, 'a vessel, in order to defraud the Underwriters.—To Commercial Men, as probably most of you are, it is quite unnecessary for me to dwell on the nature of this offence—you are well aware that the Trade and Commerce of this Coun try are great sources of its opulence and power — and such Commerce is, in a very considerable de gree, carried on and maintained at the hazard of that numerous body of men, the Under-writers ; for it is by them the commercial enterprizes of indi viduals are supported, with little diminution of property, and entire security —upon them, and upon them almost only, rests the hazard of that traffic in which so much of the income of this Coun try is essentially concerned.—lf any case of that sort comes before you, you will regard it with the serious attention and gravity its importance merits, but without the least mixture of passion or preju dice against the individuals charged ; you will take care that nothing you have heard, or may have read, shall in the least degree of et your inquiry. Gentlemen, I will not detain you longer from the discharge of your duty, than by simply ob serving, that if any question is suggested to you 'respeding the jurisdiction of this Court, as it may apply to the case of any individual in the transac tion into which you are about to inquire, you will, I am assured, think it proper for you to refer it' to this Court, from which you will be entitled to assistance." The Grand Jury then retired, and proceeded upon the bills before them, many of which were found. MURDER. John Ferguson, the Captain of the brig Ann, was charged with the wilful murder of T. Fel._ nandes, a Cook •of that vessel ; charging tliat the Prisoner, as such Captain, countenanced and en.. couraged J. Jones, the Mate, Malcolm Ferguson, the Steward, and T. Willoughby, another Officer on hoard, in beating the Cool; with a rope on the 9th of January, /Soo, while the vessel was on her voyage from Antigua to London, of which beating he died the same day. The ATTORNEY GENERAL, Mr. JARVIS, and Mr. PEAKE, conduled the case for the Prosecution. Thomas Gannon was the only Witness in sup. port of this charge. The following is the sub stance of his evidence :—That he went on board the ship Ann as a foremast man. The Prisoner was Captain of her : the deceased was a Spaniard ; was Cook of the ship. Was on board in November, for the Witness found him there when he came, which Was 011 the Ist of December, / 799. The - . deceased was a very healthy stout man. " The ship came from Antigua for London. The Witness then proceeded thus—" My Witness—tas if the prose cution was hisj—is not here. He is gone away, and' was 'not permitted to appear iti Cotirt. On the 9th of January, I remember the weather was very bad. The ship, 1 believe ; was at that time in the Channel, but not far from the Bay of Bis'cay. Capta'in Ferguson put us on short allowance on Christmas My after I cattle on liciard; - and 'we 'had only about four ounces per' man . of I6ur per day ; what flint there 'was, - the S4ewaid dressed in the cabin. — Therd Were riirieteen of cleceased got no allowance at all for _dude days. liqeould .• . . not 'speak Thee' beat upon tne deein on the .6th of Jantiarri icoe. When there :vas very. had weather;, thq Captain ordered that the sailstword: s o h r o k ti . t l 3 d p dbri k e e e e c fe d '.lie ; he as state : he cattle upon deck... I saw e james.jones beat " %!t: him with a rope's end; Thv,captgin was standing by, on the comparlion, aratsaw 'what they were do,. 'ing to the man; 'who was ; then upon his•lenees, and begging for mercy ; .but .the Captain bade. Jones :linym., and give it ,him. Jones might _beat him Joliattbout three minutes, very severely;: n ande t4c,- 'C?pfain sung out , to• e give se it . Malcolm Fer 'gown, the Steward,, was then called by,the,Captain, to assist. the Mate; who was tired of e 4h.,'Priting there Cook, .and the•Steward.laid, on him with. his fist : when be..was tired, Willoughby came . .., Mialc . beat him over his, head,, face,. shouldersy, or. any: place where he could hit him. The Captain .w is standing by all this while in the corpnion, bid ding them to give it him heartily. Willoughby s ordered by the Captain to. give the cook. an-, other threshing. The Cook was then standing - oil 'the quarteT-deek Willoughby, with a e robe ;pour. : three inches and an half in circumference, beat the !Cook severely ; and the Captitin aeetin said, " giv,en it him." The vessel was then roliing, eery much and 'the man staggered very much ; Willoughby foi ,lowed; and continued bearing him, ant) theecap 'Jain continued telling him ; '' to go on." It butt : my feelings very much. The Cook was then very, weak e and would have fallen over board, if I had :nOt.put forth my hand to prevent him. He fell, and his mouth was opened with his agony, :Arid the . water was coming into his mouth. The Captain Was standing by, on theCoiripanion;:at thi"s time tool; he looked at me and said, " See how the laughs.' I said, " I had no hand io it." 111w-ied,' 'him out of the wafer andtput his hands on theeap. 'sten. Smith, one of A. 13 men onboard, ,was. going to put the Cook 01it.,,0f the waff, and ,the Cape , to=n s,aid to him, :" will be yotir own .ease to.morrow. " I laid the man straight, and tilt" Captain said to me; " That's right, Toni,. Make a straight corps of him ;" and asked me it . he was dead ? I said '' no, but that he *as iii a fair way for it."—A hammock was got, andehe man was then dead in a few minutes'' ---he wag' sewed up in it ; and the Captain Ordered that litr sliald be heaved over-board, and . l got liiitTon'hie gang-way. The Captain said soMething about . the liVing and the dead. The man 'that thre'W The . body over-board let go the plank,; and thC Cantairi Made use of an angry expression, and" sCetri'd . think a great dthd of- the -kiss of the plank, Whieh fell over-board, and then said; the COOk be' in the East Indies to.morrow morning with , holy Father the Pope, (alluding to the Cot•ile.'s'' being a Roman Catholic) he could not live in England; it was too cold for him. The'dainairi then said he was oat of the Mess; meantni; there was but one person less to consume the iiijtutisi while the men' were upon short man died in consequence of the treatinent e h 1•• on board. On the •i§th of the - month.a - Privateer came in sight of us ; she was called .aft 'Riche on the zid she took use we Shortened our sail for the Privateer to cOine up to us---I thought at first sight, that she was - a and a French one, and the Ca p tain s a id s o ; an - of! according to the orders of the Captain en that casion : we were taken by that Privateer 'anel' carried into France, and did not return until Jtinee, was afterwards brought home, and gave infornla:; tion to the Under.writreti at Loyd's, from the Royal Hospital at Deal." He underwent a long Cross-ekamination by M't .GARROur, in which ( a mo ng man y things) he,s‘Vnte" !most positively, that he had no dotibt but the Cap., fain ordered his ship the Ann, to Ice to, irl order 'that she might be captured by the Preneh; and 'in order to profit by it in making his deniandtipon .the Under-writers, he being much over-insured. —That the Captain made no offer of; -resistance,' not firing a shot ; and *that he declared Wore hint and many others on board, who were riot piesent. to-ciy to give evidence, that it was his wi:,h ton into their hands, ,Sec. That he, the*Witne: ss , n wrote a Letter to the Under-writrs to that elitsN when he came to Deal, (which he did, and ,aid .Letter was afterwards read.) The Witness ac knowledged that he was one of the Delegates on board the Gibraltar, at the MIT, at the time of - the mutiny there ; but all the' Crew of that ship had received His Majesty's pardon. He denied all criminality of intention in becoming a Delegate; :saying, lie did it purely for fear of deatha halter being presented to him as the alternatilte. lie swore most positively, that . he never on any occa., sion n said lie would be revenged of the (Saptain when he came to London, &c. See. On the part of fhe Prisoner, a written Defence was given in, and read by the Officer of the Court. It was drawn with moderation of langdage and prudence of . assertion : the leading features of Which were ; to submit to the Court that the cone dud of the single Witness who appeared for the PrOseention, was not founded on a Sense of duty, but on malice. Four Witnesses were then called, ‘OllO conL , tradiaed every material assertion of Gannon, the' Witness for the Prosecution.. They were all: on board during the whole time the ljecease,l Was there. They said he was in very indifferent health when he came. They were all a great while on shOtt allowance, and the deceased was very indifferently clad, and their opinion was, that he died of "Starvation:' That on the day of his death a storm arose, all hands were ordered on Deck ; that the deceased was a Cook, but his place was filled up by another who was a Landsman, in order that he might_ do his 'duty in stress of weather 'before the Mast. That when he ca m e upon Deck, he was able to go aloft, hat would not do it ; that he was beat a teflt strokes by Jones, and a few by Willoughby, on account of his nut performing his dUty, and which they said they obliged to do for HM I hut that the Captain never saw Tones strike the ,man at all, he being all that time in, the Cabin That when he saw Wit', loughbY give him a few strokes, the Captain or.: dered hith 16 - desist. That .With regard to Malcolm Fergason, he never touched th e C oo k at a ll , and -that during the whole - of the; time he via; the Cabin with the Captain, who was himself so 14rne., re.