The Sun. — London, England, 1802-11-09 00:00:00

1 1 " U Et NAVAL NEW'S. PORTSMOUTH, Nor. S. ie . y p- 113 tre ;ey ye ,es Ile Ilj to 'SEP use -,[ll NP 11( 4 the be ing 0- 'or° '3 5 3 'lO5 p ti CO r e y- SAILED the Blenheim, of 74 guns, Capt. Mop ?ATT, with sealed orders. Arrived the Hope, RE ES, from Waterford. FALMOUTH, Nov. 6. ARRIVIED last evening, His Majesty's Brig Ra mer:, Capt. SPELMAN SWAIN, from Portsmouth, and this day MIN were stuck up for entering Sea.. Men for the Navy. Also arrived last evening, the French Lugger La Marie Claire, Capt. CLAIR ADELus, from Concale nay, having on board a few bags of walnuts, onions, &c. Two Passengers, said to be Super.. cargoes, landed from het, and went off this morning by the coach for Plymouth, without having , any Passports. Two Supercargoes on board such a small Vessel (being only 75 tons) have excited some sus.. Picion ; in consequence, orders, it is said, have been sent to Plymouth, to watch their proceedings. Sailed the Prince Adolphus Packet, JoNEs, for Lisbon, with the Mail of the ad inst.—Passengers by her are, Mr. BARTOLOZZI, Seignors QuiEROS, FRENOILET, and CARMENATI ; the Brig Penelope, EnmoNns, for Liverpool ; .14Tive Excise Cutter, KINSMAN, on a Cruize; and Diligence Excite Cut. ter ) Dozsms, on a Cruize. THE THEATRE. Drug-Lane. THE Comedy of The Way - to Keep Him was last ttight very well attended at thi s WROUGH -1(IN is perhaps a little too much in the wane of , I ,C€ for the gallant Mr. Lovemore, but he pl a y e d h ad with so much spirit, tha t t h e P u bli c ' b ail 'full reason to be satisfied. Sir Brilli ant rdsbion sat much more easy upon C. KEMBLE than expefted. We have seldom seen BANN:mit so much to adva ntage in what may be called legitimate Co. ale as he was last night in Si r B as k/id Constant. ale seemed to enter fully into the character, and axhibited, with ,very diverting effeet, the strug ales of conjugal affettion under the veil of auk_ ward timidity. ,Mrs. joaDAN was all spirit and gaiety in Th e krido , u, Belatour, and sung an air with he r own Accompaniment on the Guita r in so pleasing a s tyle, that it was universally encored. Mrs. POPE in the earlier scenes of the Play gave 'Jr.% Lovemore with an interesting expression of disappointed tenderness. In the last scene she was tot so successful. Her gaiety seemed much too tonstrained even for the supposed latent anxiety of part, and her voice was peculiarly harsh and t tlasculine when she afretled to mimic Mr. LOvemore. MISS MELLON gave all requisite support to the part of Ladj Constant, and Miss POPE'S Muslin was throughout excellent in point of easy and natural humour. This Play is so different from the dashing extrava. ance of modern Comedy, that it might be expeCted -to come tamely off in comparison. It is, however, ao well construaed, so agreeably diversified in its tharaeters, and so very well supported in the re. Presentation, that revival will probably be of advantage to the Theatre. There was so numerous an audience at the re_ presentation of The Cabinet last night at Covent_ Garden Theatre, that the Piece will probably not be laid aside, as was intended. BaAnAut is indeed ,ilmost exquisite singer. Several of his songs were eitetired, and as usual on each repetition he gave them with increased excellence. The new Theatrical Candidate who comes for_ lard on Friday nex t i n t h e ar d uous part o f h am l et, aMr.FooT. This Performer is patronised by Mr. 4 41 DAN, who takes a very kind interest in his sue. t , eB s. Mr. FOOT, as we b e f ore state d, rece i ve d hi s ed ucation at Winchester School,where he was dispin uislied by his talents and aptitude in Scholastic ac quisitions. He is a Nephew of Mr. JESSE FOOT.. After the representation of The Merry Wives 1.1 - Wind sor on S atur d ay l ast , t h e M anager o f D rury _ ".ane Theatre made an offer of a new engagement ,!° STE PHEN K EMBLE . The necessity which the l atter was under to keep his promise with the Ma rlagers of the Theatres at Gosport and Bath and - uristol, would not allow him to accept of the new en gagement, till he has performed at these places. 1- le is to return to London, however, before he goes Newcastle, and again exhibit the humours of 414 /siajon the boards of Drury. We are sorry to find that Mrs. SIDDONS has re_ He wed her engagements w i t h t h e M anager o f t h e ouub_lin Theatre for the season. The Theatre at Town Mailing has been strength ened by some of the Thespian Corps from Margate' title was opened very successfully last week. The ICastle Speare was represented by desire of Lady LE 2ESPENC ER. The Poor Gentleman was performed desire of Lady HAWLEY. Pizarro was brought .the in a to l era bl y goo d style, at the request of t he Rev. Mr. COOIER, who attended with about " t l e.venty w of his p u pil s , a ll o f w h om seeme d to be %lily gratifi e d by t h e sp l e nd or of Peruvian orship, and the grandeur of the Spanish PUITI. T a tider a n d hi s T roops. —This Theatre is under the `4lredion of Mr. TROTTER, an alive and deserving Young man. aWhen the Cowl on Saturday pr on o unce d Sen nnce. of Death upon t h e Convids at the Old Bailey, d s as usual, concluded with the words— " The r e .t.ch have mercy on _your So u ls."—One o f t h e m, an I,inezi:, was h ear d to mutter— " U pon my soul, pOr Lord s hi p m i ght as well keep that to himself, , b.. r Y .1" ---- "•'s, I never y et lialew an Irisll2un thrive '43,er ,)istriyers." kAM~tTlwii M4iiLc itATtSBON, OCT. 26. THE Deptttation of the Empire has held to-day its twentieth Sitting. The Minister has made the communication of an Address from the Imperial Plenipotentiary. After the perusal of this, the,Mi_ nister from Bohemia made, in the name of his august Constituent, a declaration to the same eired. This is the purport : IMPORTANT COMMUNICATION FROM THE EMPE. ItOlt. " His imperial Majesty has been pleased to an nounce, by his Sub-delegate to the Deputation Extraordinary of the Empire, that having, agree ably to his anxiety for, the maintenance of tran quillity, removed every obstacle which opposed the success of his Negotiations at Paris, and having taken for the basis of the conclusive ar rangement the Supplement of Indemnity offered by the French Government itself, for His Royal High ness the Grand Duke of TUSCANY, His MAJESTY hopes to see instantly established an amicable under standing, which will have for its immediate conse quence, the most satisladory regulation of the bu siness with which the Deputation is charged. Since from the nature of this affair, His Imperial Majesty must reserve to himself a final approbation, he has no doubt but that the Co-estates which form a part of the Deputation will content themselves with this Preliminary Declaration, and will repose in him, on that head the confidence which he thinks he me rits, after having given so many proofs of the since rity of his views, and the moderation of his senti ments." The majority of the Deputation received this Declaration with marks of the most lively interest. For some time we have been speculating upon the new conneetions that are on the point of being formed between Austria and Russia. These specu lations are strengthened by the circumstance of the Grand Duke's approaching visit to Vienna. It is supposed he will pass the whole winter there—great preparations have been made for his reception. HAMBURGH, Ocr. 29. Yesterday, at nine o'clock in the morning, a general meeting of the Senate and principal Bur gesses of this City took place at the Town Hall, and lasted till near six o'clock in the afternoon. Meeting had, amongst other things under consi deration, the proposed cession of the rights, privi leges, and revenues which his BRITANNIC MAJESTY, as Elector of Hanover, possesses in the Cathedral of Hamburgh, its precints, and the dependencies belonging to it on the Hamburgh territory. Some Notes from the Regency of HANOVER, and from the King of DENMARK,• in his'quality of Duke of Holstein, against the Plan, were also taken into consideration ; hut the result of the debates still remains a profound secret. By private letters from Vienna, of the zoth in. stant, the Grand Duke CortsTANT-rint of Russia's arrival in that Capital, was to take place on the following day. Festive preparations, of the most sumptuous and brilliant, kind are made in every part of Vienna for that Prince's amusement. Amone the Foreign Ministers, the British Ambassador takes the lead. Their IMPERIAL MAJESTI RS, the Grand Duke Of TUSCANY, and the Archduke JOSEPH, of Hungary, were preparing to go to meet their August Visitor at the distance t.f one stage from the Capital. A considerable camp is to bz collected in the environs of Vienna for military evolutions during-the Prince's stay. The exchange of Couriers between Vienna and Petersburgh becomes brisker every day, and the dispatches received are reported to he of the utmost political importance. At some Ministerial con. ferences which lately took place, both the English and Russian Ambassador assisted, but Citizen CHAMPAGNY was not present. The news of the death of the D4ie PARMA has occasioned no small sensati on at Vienna, and some negotiations will, it is said, immedi.itely be set on foot in favour of the Grand Duke of Tus. CANY, which will be supported with the whole influence of the Russian Cabinet. It is currently reported, that the Grand Duke of TUSCANY is to marry a Russian Princess. A Gentleman of the Court has been sent as Courier to the Archduke CHARLES, at Prague, to induce his Royal Highness to hasten his return to riellna, to be present at the festivities to be given in honour of the Grand-Duke CONSTANTINE. Advices from Petersburgh, of the rsth instant, mention, that the Officer who invented the story of a conspiracy against the life of ALEXANDER I. and wounded himself with a pistol to give more sanction to his wicked invention, has been tried by an Imperial Special, Commission, which not only found him guilty of the charges preferred against him, but sentenced him to be -quartered alive by four horses. This sentence, however, was too se vere for the humane feelings of the Emperor, who .changed it into perpetual banishment. In several parts of the Northern Continent of Germany, and on the right bank of the Rhine, large herds of bullocks are now purchased for the English . market. VIENNA, Ocr. 23. THE Court Gazette of this day has the following Article : " Yesterday His Imperial Highness the Grand Duke CONSIANTI NE of Russia, arriired here in perfe6t health." From Bucharest we have received the unexpet_ ed intelligence, that Prince CONSTANTINE Suzzo has been suddenly deprived of his office, and Prince ALEXANDER Mtntust appointed his successor as Huipodar of Moldavia. His IMPERIAL MAJESTY has sent to Count STAHREMBERG, his Ambassador at the Court of London, the Order of the Golden Fleece, and made a considerable augmentation to his Appointment. Couriers are continually passing between Vienna, London, and Perercburgh ; the subjcl of their dis patcly.:s is supposed to b the affairs of Germany, LAW REPORT. COURT OF KING's BENCH, Nov. a. MONTPRIVAT V. ELMS. MR; EasitiNE moved for a Rule to !hew Cause why the verdiet obtained in this cause for the Plain_ tiff; for gol. damagesi should not be set aside and a nonsuit entered. This was an aftion for the quarter of a year's annuity granted by the Defendant to the Plaintiff, Upon an agteement made between them on the zoth of May, iBOO. The Defendant, Mr. Charles Elms, of Cecil-street in the Strand, Gentleman, agreed to grant an annuity of 2001. per anntim, to a Lady who had formerly lived with him, which annuity was to continue during the term of her natural life. This was tried before my Lord ELLENBUROUGH, at Westminster, at the Sittings after last Term, and it was a question left to the Jury ro decide— whether they thought the annuity was granted with a view of the Plaintiff continuing an illicit com merce and cohabitation with the Defendant, for if so, it was such as the law would not recognize, and therefore the Plaintiff could not recover upon it; or, was given for past services alone, without any such contemplation, in which case the law would recognize it, and the Plaintiff could recover. The Jury found, that it was for past services, and therefore gave a verdi& for the Plaintiff, damages col., being one quarter of a year's annuity. He did not mean to find any fault with his Lordship's diration in point of law in this case, for it was most corral, nor with the finding of the Jury, for it was their province to find as it appeared to then; and as this was a dispute of a family nature, he Advised his Client to stir no further in litigation upon it, but to pay the money ; which advice, he said, he would have taken, but that this Lady made such demands upon him as that he could only put an end to by taking this course, which was that of objaling to this 'annuity in point of law, and which he now availed himself of. The objedion here was twofold, and either part was fatal to the annuity. First, it was not duly registered; se condly, the consideration for the annuity was partly , in household furniture, instead of a pecuniary con sideration, and that it was, therefore, rendered void in this case. He took these ohjcaions at the trial, and his Lordship saved the points. Lord ELLENBOROUGH said, that the question here would be—Whether furniture was to he con sidered as the same thing as a pecuniary con sideration ? Mr. ERSKINE said, it was as his stated it, and whether this was to be considered as a vo luntary annuity or not ? Rule to spew Cause granted. MOILOAN v. MANSFIELD. Mr. Serjeant :LEY moved for a Rtile to sliew Cause why a new Trial should not be had in this Case, on the ground of the Damages given being excessive. It was an Affion for breaking down the Plaintiff's Close, that was to say, the Plaintiff possessed three Acres of Arable Land, and one Acre of Meadow, in the County of Kent, and the De fendant removed a Gate which belonged to it, for which the Jury were pleased to give tool. Damages, upon no other ground than a Speech from Mr. GAR- R Ow, who talked a great deal of and concerning John Cator, Esq. whose Bailiff the Defendant was. • Mr. GARRow said, he should be glad if the Counsel for the Defendant would accept a new Trial, on the terms of allowing the Plaintiff to amend his Declaration, and state his Damages higher, for the Jury had given him soul. only, because there were no more damages stated in the Declaration. Lord ELI.CNBOROUGH said, that although Juries were the only Judges of the quantum of Ddrnages, yet, they ;vere to understand, they were to be guided in finding them by the rules of Law ; and if they had done wrong in one instance, it did not fol low that they were to be wrong in the second : the Court would be better able to judge of the case after hearing the Report of the Learned Judge, before whom the cause was tried. Rule to spew Cause granted. Mr. SMITH moved for leave to file a Criminal In.. forrnation - against Richard Shipdem, Esq. Mayor of Hy the, for an Assault and false Imprisonment of Mr. Hull, a Gentleman, who stated in his Affida vit, That at the last Fdedion for Hy the, Mr. Ship_ dem was the Returning Officer : that the Borough was contested by four Candidates : that he (Mr. Hull) received information of gross Bribery being carried on among the Voters, and that a person, named in the Affidavit, who was confined in Dover Castle, had his debt paid, on condition of his vot ing for one or the Candidates : that he, Mr. Hull, determined to attend at the Eleaion, with a view of declaring himself a Candidate, if this Debtor from Dover Castle was admitted- as a Voter, and this, Mr. Hull said, he determined to do in order to enable himself to petition against the Elation, &c. That the Elation came on at the Hall of the Town of Hythe, and the Deponent went there, and he saw about one hundred persons present : That very soon after he came in he was per ceived by the Candidates, whose interest he came to oppose, and who immediately turned round and entered into a consultation, and whispered to the returning Officer, upon which the returning Officer immediately turned round to him, the Deponent, and said, " Sir, are you a Voter P' To which he answered, " No." The •returning Officer then said, " you must withdraw, for by agreement be tween the four Candidates no person is to he pre sent at this Eleaion who is not a Voter." Mr. Hull said " he should stay, and that he had a right to be there, as an Elation was free and open." The returning Officer turned round, and after a whisper with the Candidates, said to the Deponent, " ii you do not withdraw, I shall adjourn." The Deponent insisted on his right to stay, and to see the proceeding of the Election ; upon which, a Constable, by order of the returning Officer, took the Deponent into custody, and he was prevented by force, from returning to the place of• Eleftion. That while he was carried out, he was very much insulted by the people in the interest of the Candi_ time he came to oppose. The Deponent added in his Affidavit; that he was not under any disqualifi cation whatever to propose himself as a Candi. • , hie at that Eleetion, fog which it" i thicicF these circumstances, Mt. Sivurri submitted to Court, that a criminal Information be filed against this returning Offieet. Lord ELLENBOROU6H asked, if this man, on Whose behalf the application was made, had offered himself as a Candidate belote was taken out No." His Lordship then said; that this Gentlerriai was a mere stranger, who was turned out of a pl,o->6. in which he had no business; so that, if it was any thing, it would only amount to a commot assault, and for which, the extraordinary interference of the Court was not necessary. Besides, this Gentle_ man's insisting on staying at this plaCe, after'ad mitting he wat: not a Voter, and not havingt, de dated himself a Candidate, was wrong, anti !tti. if persisted in, I“e obstru6ted the proceedings of :he EleCtion ; for, if one man had a righri a thou sand had the right, by which the real Electors might have been excluded. If this Gentle-man thought hiMself aggrieved, he shoUld go before a Grand jury with a of Indictment. _ _ Mr. SMITH said, that the Gentleman against whom he moved was the Mayor of the Borough of Flythe, and that as that was one of the Cl,quc Ports, he would have the charge of the Grand Jury, and that in short, there Would be no chance of finding a Bill of Indiament in this Case. The Court said, that this was not a Case for them to interfere in, at least until other remee dies had been tried in vain, if indeed there war; any subjea of complaint. Motion refused. GIBRALTAR, OCT. 14. THE Governor still continues to pay the rho::: indefatigable attention to the duties of his situation, and froth which he has never relaXed a moment since his arrival. His Royal Highness is every morning on horseback half an hour before sun-rise; when he rides round the different guards, to see that they are properly alert : after this, he inspeU his own regiment for about an hour, and then pro ceeds to the guard mounting at the grand parade : he then vssits the different new works which ;are carrying on, and seldotia returns to hreakfas; be fore ten o'clock. From this time till dinner he invariably dedicates to the business of the Garrison, which he dispatches with the utmost punduality and quickness. Every person who calls on duty is certain of seeing him instantly, and of having an inirreiiate and explicit answer. After dinner he generally rides or drives into Spain for an hour or two, and which is almost the only relaxation he seems to partake' of. His Royal HighneEs has fallen away very much since his arrival, and -has suffered exceedingly from the heat this summer, which has been by far the hottest known here these many years. Yesterday the Phwbc Frigate, commanded by the Hon. Captain CAPEL, arrived here from Ports_ mouth, with dispatches for the Squadron on this station, and the Commanding Officer of the Forces at Moira. The Phoebe sails again this aft?rnooTi in quest of the Squadron, which left this, and stood to the Eastward on thr 6th instant. Lord AL THORPE, eldest son of Lord SPENCER, is on board the Phcrbe as a Passenger, and proceeds up the Mc,. diterrancan along with the Ship. Major HARDY MAN, of the Royals, kind Capriin HARDYMAN, of the Navy i afro came Passengers in her for. this place. Nothing his as yet transpircd respefting the destination of our Squadron in these seas. Died on Sunday the 7th, at Bush-hill, rear Enfield, Capt. JOSEPH SOMERSET BRIGGS ) of the Royal Navy. On Saturday se'nnight a boy, not Mote than years of age, of the name of Matthewson, b e l ong i ng to Berwick.upon-Tweed, but having of !ate resided chiefly in or about Newcastle, applied for employ. meat to Mr. Hogg, miller, of Edenton, in Berwick_ shire, who, moved by a very plausible and thelana choly tale of his distresses, offered him lodgings, and what further consideration his services might merit. • On Monday morning Mr. H.'s servants, on visiting the stables as usual, missed their mas. ter's favourite mare, which it appears young Turpin had decamped with at an early hour. He was traced through Berwick, and seer, afterwards on die Wooler road ; and though Mr. Hogg himself was but a few hours after him in the pursuit, we have not heard that he has yet been taken. A most dating and dextrous burglary was committed - in the night of Monday se'onight, in the counting-house, belonging to Mr. James Berwick, tobaceo-manufaCturer in Leeds. The robbers, ‘ it is thought, found means to enter the dwelling-house in the evening, and had concealed themselveS- till the family retired, as Mr. Ber:. wick supposed that he heard something stir under his bed soon after he got into it, but the noise int. mediately ceasing, he concluded that he must have been mistaken ; having taken the key of the safe from thedrawer in Mr. Berwick's room, the villains proceeded to open the Counting-house door, on.. locked the safe, and plundered' it - of cash and bills to the amount of upwards of 4001. and after again locking all the doors they decamped. In the morn ing, the till, containing a pair of gold balances, was found at the bottom of the lane. On the rzth ult. a whale was cast on shore near Arklow in the County of Wicklow ; though very young in appearance; it was of considerable size, nearly as large as that lately taken at Dover ; being alive when put onshore, its throat was immediately cut, and so great was the effusion of blood, that our Correspondent in that neighbourhood assents!. it bled upwards of ten hogsheads. It was cut op.. in various pieces, and divided among a number of the inhabitants ; one Gentleman has - converted the - jaw-bones into gate-posts and door.cases ; the oil taken from it has been sold for about tool. A few hours before it came on shore, one or two more were seen in company a short distance from land, and the speetators were so astonished at the sight, as not to be able to conjecture what they were ; from their' size they had the appearance of large vessels partly sunk ; but one of these monsters having raised tail, and thrown a quantity of water in tha air, terrified the boatmen from venturing towards tLeaa,