The Sun. — London, England, 1802-01-28 00:00:00

b' 111 it ref ` ~~; . , rr►• A !Jo lg 10 -'1 .!, f :~-_..: ~' e) . • H AWKLEss v. mit - Cl/El,: ,t,i 'ne ATTORNEY GENERAL said, that this was f iITI Aflion tried befoie his Lordship and a jury 0 The rrebants h) Guildhall, at the last Sittings. c 44- wiii the Owllei o: a Brig called the Duke IL'Cumberlancl: The Defendant was the ca - Drain Boxer ; 61.6 te of His Majesti•'s Ships. called the the hoof Than was at anchor at a. place in, the. river t iles, called Galleon -reach: The Cumberland ran lOW of the B oxer, and in order to extricate t h e . ' 3 shi the Ps, th e tw Def en d ant or d ered some of the rig ging of Cumberland to be cut away. The men, of course; obeyed the orders of their Commander, and accordingly the riggin g was cut, an.d the vessels a nd disentangled, upon svhich an AEtion was drought agaitiSt the Captai n for &Images, for 'the, injury which wa s th us sustained by the Plaintiff. - The Defe n d an case « t ple a d e d t h at what he did in this was for the preservation of the ship." To which there was a replication, " That the Defend.' ant did more damage than was .necessary for the preservation of the ship." The Case being fully heard, the Jury found a he for the Plaintiff, against the preponderance of th e ev i dence, and Lordthereforeis he was no to move t or a new trial. ase was KENYON sw. aid, t h at the single question in this C, Wheth er t h e Defendant committed an excess in had, this case ? And the Jury had f oun d lie The ATTORNEY GENERAL said, it Was interest ing to the Naval Servic e of this Country, to know Whether, when an Officer does the best, according to his skill, in the management of .the . ship under his command, he was answerable for any' damage he knight thereby occasion to those who had .so Misconduded themselves as to run foul of him ? Lord far doi n KE N YO N sa i d a we or , that no Officer could be an_ but ble g his bes t. upon an emergency, ut that was not the questio n h ere. The question Was W hether the Defendant had - committed any excess or not ? that is to say, whether .he had:done more than was necessary to extricate the two ships? That very question was left to the Jury ; they had Concluded upon that question agains t the Defendant. W hether I should have drawn the same conclus i on or rmt, sa id his Lordship; is not for me to say, nor would ld it be ' important if I s h ould . not, for my with opin, On such a subjea, is nothing in comp ar i son that of the Jury who determine it. (1 110 of th ose who took The con uefence (the Ad m i l would Lilty) wp this d as most honourable. Th ey b ad said they be at the expence of discussing this matter before the Jury, so that if the Defendant had done no more than he ought to h ave done n the sit uat i on in whi c h he stood; his defence should cost him nothing —but if i t-s h ould appear that he had done that which could not be fairly defended, they thought the p u bli c purse ought not to pay for that th e hilpropriety. The Ju r y, a f ter hearing the whole of Case most attentive)y, thoht th muc of what t h e Defendant did, w ug as wantonly at done, -of Which there was certainly some strong evidence. . !t Was proved, that while the men were endeavour ing to disentangle the ships, the Ca Said ~,,o , .`` damn theta, , cut • • " p y, and that at t hi s -t i me a . . , lort p ause an y, lit tle:p at i en d e would have enabled the tllzn to extricate the two vessels without much ,ificuity, and With-very little damage. • COURT OF KnlG . s. JAW. 27. LORD KENy .O x appeared . on the Bench, for the first time this Term. Several cases from the Sessions stood for argu !tient. In the_course of which, Lord KENYON observed, it was a thing much to !'".lamented; that cases were so defeaively stated. ••:d sent up to the Court for its decision: They upoii the Court. The praaice he: had mo st to complain of, was, that Gentlemen sent up ."-.;deftce.on cases, instead of sending up the finding .; Jig, - for Justices at the Sessions pught- to find .:'is on .a case as . a Jury did, not to Send up evi ,',,:nce to leaVe the. Court to determine -the fact ; for A,hich reason, cases were perpetually sent back to ) e re-stated. There was one case now before the .Court, in which the Justices at the Seision ought to have found whether or not there - had been an hiring for a Year ; instead of whi:h they had only stated evidence, and left the Court to conclude whether there was an hiring for a year or not, which the Court could not do. In another case, the Justices had not found, whether a .certificate Was delivered to them or not, but they had stated evidence upon that fal, from which he had,no doubt it Was delivered, but the Court could not' say so : it was the business of the Justices, at : the Sessions, to find that fat, and, therefore, that case must, also, go down to be re-stated. Instead of leaving the Court to spell out every word in a - case, the Magistrates should state substantial fans. : These things were grievous and wasteful. Mr. justice GROSE said, the Justices had found that there had not been a proper delivery, he did not know what they meant by a proper delivery. Lord KENYAN said, he remembered a case in 'Which the question was, " Whether a certiorari was delivered to the Justices ,or not, in a county not very distant from the Metropolis, and there was much pride exhibited on that - occasion, on ac count of its being thrown on the table, and not delivered with due submission, and so forth. ' He hoped, that i this case, in c ons id er i ng W hether a certifichd been delivered.or not, they would look at the thing in the way of plain common tense, and that they would not be advised - to stand pon silly forMs ; It would be ridiculous to require that it should be-done vt•ir.ll one knee bent, and one hand stretched forth. That it should be held in the right instead of the left-hand, for these things 'were not more ridiculous than some statemdnts that were made in these- cases. Hi s Lordship added, I‘ I w ant snbstantial fan s to b e f ound, according to the common sense and titular cas e; b ut real Justice oent f each par_ go to th e ot h er these,defe statements,, which pensive, ode of Justice, are most grievouslytion." and produ ce most unnecessary 'litiga_ • The Court Navi n ases for t h e through th e r ema i n i ng . new trials da g gone y, pr ocee de d to hear Motions r that of T 1 j the most remar k a b le of which was nation of his Lardship'Ssopinion, was rather.aiainst the verdiet ;, and, he submitted, againsolie weight of the Evidence. for two Naval Officers, of great, experience, had sworn 'they believed, froM the • testimony of the'Witnesses; the Defendant did no, more than his duty on this occasion ; ' one of whom,' Captain Hood, declared he should have done more, for that the ship Was in cranger_of drifting With, the tide. This ship, of which the Defendant was .torn-, mander, was going to Copenhagen. at the time,, on, ; urgent service. He was sure 'lteispOls-- the lan guage of the whole Navy of England, when he said, that if these verditis were given, and acquiesced in, no Officer could, with6ut subletting himself to an ac} upon an_eniergency, with that prompt ness which the interest of the Service required. Lord KENYON said, that every word he had de_ 'livered to the Jury on that 'occasion, led to a con clOsion totallv.different from that most unfaVontable one to the Service, which the ATTORNEY GENERAL had mentioned. It was, 'he hoped, and, he be lieved, his habit to address Juries with a liberal regard to the service of his Country, and to tell them, that if the case was doubtful, to turn the scale in favour of those :who aced in the service .of their Country, when they were accused of doing damage in the course of it. He believed he did so in this case.' The jury considered the whole of it, and now he was afraid to say, that they drew a wrong conclusion. Mr. ERSKINE said, that this case was decided by a full Special Jury of 'Merchants, in Guildhall. The ATTORNEY GENERAL said, 'that was no reason why there .should not be a new Trial, if the Verdi& appeared to be against the weight of Evi. dence, as he contended this to be. Lord KENYON said,. that'he.was inclined to say, there ought not to be a new Trial in this case—but if the ATTORNEY GENERAL was . dissati6fied with that opinion, the regular course would be, for him . rO make his - Report to. the Court. The ATTORNEY GENERAL said, that he had rea son to know it was the sentiment of the whole Ad miralty, that if this Gentleman had, aled other.. wise than he did, he would have deserved to have been broken. Lurd KENYCii.7.—" I have very great and un feigned respeCt for - the Lords of the Admiralty, but I cannot, in my situation on this Bench, take their opinion against the Verdict of - a Jury upon a point of flt6t," The ATTORNEY GENERAL said, that this Vessel was going to Copenhagen, and that no time was to be lost in the prosecution / of that voyage. It was the opinion of Captain Hood, that the mast might have been tarried away if the rigging had not been cut, as' in this cage. Lord Kt Dirtix said, that all 'these points were before the Jury ; and, really, after all that could be. said upon it, the single question was, whether this - Jury had drawn a false Condit:Sion or not There was evidence on both sides. The Jury, who alone could decide ; had decided. Nobody could be sure the decision was wrong. It then came to this : That whenever *A party thinks the conclusion of the Jury is wrong, there must be a new Trial, for the purpose of trying whether another Jury might not think otherwise. This reminded his Lordship of what was it.aid by Mr. Wilbraham many years ags - ), *if) it Motion far a new Trial.—" - This," said he, " is a Motion fbr two new Trials, because it is a motion to try whether another jury will not conclude differently from the first, when there was evidence on bOth sides, and if they do, there must lie a Second new Trial, to see whether a third Jury w ill not agree with the first." Mi. •ATTCiRNEY GENERAL.—• " My Lord, -I have done my duty in thig.ease." • lord KENTof4.—‘i Yes, you have, certainly ; and,,l hope, - we all do our duty in our turns." Motion for new Trial refused: THE KING . V. PINICEETOk. this was a Rule calling on the Defendant to spew Cause why a Criniinal Information should not he filed against him for publishing a Libel on Mr; Houghton, a Gentleman who was Agent for a Canal Company, ieflefting on his conduit in that charader. Mr. GIBBS admitted, that the Publication of the Defendant was not to be justififKl; but said,, he un. derstood, he had offered an apology to the Prose cutor. He did so now, by him, his Counsel, but if that was not received, be had no cause to shew against this Rule. — Mr. ERA! NE said, that if this Apology had been offered in proper season, the Defendant would have been in a different situation from that in which he stood at present.— He could consent to nothing now.—Rule absolute. COURT OF COMMONPLEAS, WEEiNESDAY, lAm.!7. MUCK V. ABEL. THis was an Adion tried at the Sittings after last Term at Guildhall. It was brought upon a Policy of Insurance from a Danish SettleMent in the East Indies to Copenhagen, the cargo insured; being warranted Danish property, and being put on board a Danish vessel. It appeared upon the trial, that the' vessel , g.tually . sailed from' Calcutta, and being afterwards captured by a French vessel, the cargo was condemned in France as British goods. It was contended on , the part of the Defendant that the vessel being Danish, and sailing with im port goods from a British port, the voyage was illegal, being contrary to the Navigation Aft, and that therefore the Plaintiff could not recover. Lord ALVAZiLEY being of this opinion, but con. sidering- that no fraud appeared on the part of the Plaintiff, he thought the Plaintiff ought to recover back the premium, for the amount of which the Jury gave a verdia. Mr. Serjeant VAUGHAN now moved for a, rule for a new trial, on the grounds that the Defendant had insured on the express condition that the voyage was perfectly legal, and that the goods were neutral property, whilst the Plaintiff had by his own at rendered the goods liable to - capture as British pro perty, and the voyage illegal ; he contended therefore that the Plaintiff was not entitled to recover back the premium. Rule to &hew cause granted. OPPENNE/M AND ANOT!; ER et-2. TUTSSEL‘ This wns an Alton also tried at the sat tie Sittings at Guildhall. It was brought against the Defend ant, who ,is a Carriers being the proprietor of a Nvagko . n travelling the Western road, torecbm the arnount,of certain goods which had been consigned by the Plaintiffs to a house at Plymouth, but which hearing of the 'failure of the Consignees,- the)? had stopp&l in transitu. The Defendant's Counsel on the trial- off.ered evidence to pidi•e that i•Carrier had a right by custom to detain goods against a Consignee until any balance due to him frotn such Consignee was, paid, from which evidence they in timated their intention of drawing the, inference that the qarrier held the same right to detain goods against the Consignor for a balance due from the Consignee, 'although such goods were stopped_ in traniztu. Lord ALVANLti would not permit the evidence to be given, it being his opinion that the Plaintiffs' right could not be affeded by it ; in consequence of which there was a verdict for the Plaintiffs for the aniount.of the goods. Mr. Serjeant LENS not moved for a Rule for a new trial on the same ground as was urged at the former trial on behalf of the Defendant, adding that no case had yet been decided whereby the right of stopping in transitu might affect third persons. Lord ALVANL EY and the other Judges' (Mr. Justice HEATH being absent) objeaed to the principle urged on the part of the Defendant, conceiving that it led, to the most injurious consequences, .as it went to do away the right of stopping ;# transitu altogether, and might enable a Consignor to pay his own debt to a Carrier out of the amount of the goods of a 'Consignee, which had never come into his own possession. They consented however to grant a Rule to shew . cause. PAYLER V.. DUNLOP, BART. This was an Action tried at-the same Sittings at Westminster. It was brought .to recover from the Defendant, who was the Colonel of a Fencible Re giment; the sum of 4001. paid to him by the Plaintiff's father on account. of the ',Plaintiff, upon the faith, as it was alledged, of a promise made by the Defend ant to procure for_ the Plaintiff a permanent rank and pay in the Army, which promise he had not performed, and it was also alledged that he had taken the money in direa, contradittion to the Letter of Service which authorized him to raise the Re giment._ It was alledged on the part Of the De_ tendant,.with respea to the form of the aftion, that it ought to have been a Special Aftion for the deceit, .instead .of being for - money had and received, and with respect to the fitas, that the Plaintiff was not. decei7ed, as he knew he was. not to have any per manent rank or pay, and that b an arrangement had been made-with the con s e n t of the Officers of the Regiment; among whom was the Plaintiff, by which the spirit of ;he Letter of Service was complied with. The jury,, however, found a Verdia for the. Plaintiff with 4.001. damages, Mr. Serjeant Ccertett, now tnoyed for a new trial upon the same ground _relative to the form of the aaion, and also that the Evidence on the 'trial was in favotir of the Defendant, . The Plaintiff's right to bring the aftion was also disputed, the father having paid, the money to the Defendant. - Lord ALVANLEY was of opinion that whatever arrangement the Defendant chose to make incon sistent with the Letter of Service, he ought first to have obtained the King's consent. - Rule to shew cause granted. Mrs. BILLINpToN is, out of all danger, and is soon likely to resume her musical exertions. Her illness was so severe that the most fatal conse quences were apprehended. HOLM A N is performing with success at Dublin. He is - preparing the new Tragedy of Alfonso for his benefit. • His friend REYNOLDS'S last Comedy; Folly' as it Flies,' has been represented several times,. and is a great favourite with the PUblic. • The Family Of GvlLvFoß.ti, as' may be readily supposed, are inconsolable for the losa recently sustained of the only Son and Heir to that noble Family. Monday morning a.ciuel was fought in a field at Boxley ; between Mr. F and Mr. W-, two Officers of the Depbt, who after exchanging one fire each, by interference of their seconds,' all differences were happily terminated to the honour 'of the parties concerned. The Irish Papers contain a Petition from a Pota_ toe, that the good. People of that Country would plant from the . shoots in . place of scooping.and ting, as, generally pra&ised, by which much food might be saved.--This is worth attending to. A Letter from Constantinople, dated the rc?th ,of December, states the arrival of the CAPTAIN PACHA on the 7th,' with the - greater 'part 'of the Ottoman Fleet. The reception he exile. rienced 'was of the most flattering kind, and the GRAND SE IGNOR, to mark his high approbation of : his condua, bestowed on him a number of splendid presents. Previous to the departure of the Fleet from Alexandria ; it is said that the Beys were re-- duced to obedience, and that the new Administration of Egypt was organized. It is to consist, as in the other provinces of . the Turkish • Empire, of the Government of a Pacha, under whin there will be a number of secondary Governors. The Chief' Governor is to .be a Pacha of three tails, whose residence is to be -fixed at Cairo, while those under him are to reside at Damietta, Rosetta, Alex andria, Aboukir, and places where it may be judged necessary. It is in contemplation. to strengthen the fortifications in all the Towns situated on the Coast, and the new works are w be carried on under the superintendance of English Engineers. General HUTCHINSON had withdrawn from Egypt pre vious to the Paella's departure, and had taken with him the great . body of the English forcei., The misunderstanding - betwixt Gen. HUTCHINSON and the GRAND VIZIER was previously settled. Indeed it is mentioned in the conclusion of the Letter, that the English General who. succeeded Lord Hurc H I N SON, had refused to give up the Beys into the GRAND VIZ I ER's hands, they having put themselves under the 'notation of the British'Army. PER • , A Captain - of :Met% thin Ship sdnimoned [Aire the Lord Mayor, charged by thi Harbour,Maker fo.r iMproperly,mooring his Ship in the River, and iecusi!lg to rern , we her When notice was gi . yen f6r that Rurrie, The Captain, by ar`. terpretyri told his LOrdship he was a perfect strand' to the Law of, the Mver - Thame , ;, _and as tuch trusted the care of his Ship to a. Pilot, to carry hei from Greenwich to Fresh- Wharf; near London Bridae ; that he was no t do b oar d hi mse lf, an d d i d ,-0 not know where the Ship was moored till after,'wheri he sent to thePilOti whO sent word that the Captain had nothing to do with the anir. • John BuThnell, who aCted as Pilot in this case, confessed he had brought up the ship RevOlution from Greenwich, and had moored her off, St. Ca. therine Stairs, being safer, as he thought,'than the Wharf; likewise Owned haying the order to remove her within rz hours, according to Aa . of Parliament, but persisted it Was the Captain's - fault, who gave .him orders. The Lord' Mayor; with great pal tience, heard both sides, and -said, from what .he had heard, he certainly .thought the Pilot was to blame; and he under Stood this was not the first time he had been complained of, the penalty for which was ten pounds ;. but as he had an aversion to fines arid pepalties, he should' mitigate . it to one half.---4 This the Pilot demurred at vaying, when his Lord; ship ordered a distress to be levied against hi pro. perty s , as.an example to others. . At _ a :Meeting of the .Nobleinen, qentlemen, Clergy, .and Freeholders of the County. .of Gal_ way, held by public notice from ;he High She riff', on Thursday the . 7th of January inst. the following Address to the Earl of CLANRICARDE, Lieutenant-General, .&c. was , pwposed and unanimously agreed to. MY LORD, We, the Noblemen, Gentlemen, ClPtgy, and Fredhelclers of tpe County of GalwayNitssembled at Loughrea, by s pub4 notice froth the High Sheriff, cannot omit this opportunity of you7 lll l.emoval from the Command of the Western Distrif, to expres s th e hi g h senseo f t h e benefits that r,:sultea from your distinguished exertions in that situation, combining the penitration of a Statesman with the prompt, activity Of a Soldier. We have not met here to itilliwire into the cause that has put an end,to your Lordship's military power in this Coun.;" try, but we feel great comfort in reflecting, that that step-, was taken at a time when_ your abilities were no longer ne cessary. , We are fully sensible that your professional talents would • have produced the best effects, even where yotir rwriie,,arr family (whose marked characteristics for centuFiei back nave been loyalty) were unknown ; but here they could net but be, as in factthey were, decisive, whet' combined with your property, high influence, and'general pop‘ularity. We beg leave to assure your • Lordship, that your . private virtues, and p u bli c con d u ci,' h ave ma d e an impression that cannot be obliterated front the hearts of your grateful Conn..' trymen. WALTER BUTTER, Sheriff. The High Sheriff having left the Chair, and Ch#RISTOPH•ER ST, GEORGE, Esq. being caned_ to it, resolved, that the Thanks of this Meeting bd given to oar worthy High Sheriff, for his readiness in convening the Couhty, antrhis very prOper con.; duet. in the Chair. • . • HIS LORDSHIP'S,AI4SWEO.. . . To th 6 Noblemen, gentlemen, Clergy, and F l'eelioldel Of • . ' the County of Galw a y. . . r.r.c LORI AND GENTLEMEN; , ,ir• . - . I ?..m utterly at moss, .sufficiently to express-how lii!,..7hif sensible I_ am to. the ..honour conferred upon . me, by ;our Address on my removal from th'e comman,l - bf the Western oll4tri6t.' - - • •• •' 1 - slmtild very ill have acquitted myself Oi N the duties of my: station, and have Profited but little loin the exampl e o f' those under whom I had the honour to.scliiet'lhiii I not beetf , vigilant to diseciver; Unct . prOmpt to ckurttikaArtfie.secret, and therefore the dangerous efte&s of 'ltebeltiO,fi . and TreAson— , the only enemies from whom Ireland Vas'-g round' for appre hensicin.- _ln gratifying my own clispositi&n'by the 'adoptionofa lenient systeM, I had the satisfaaion to krioW, was.: fulfilling,the intentions' of .those ',under whose Oiregions 'aeled. 'I am very happy in an r Oceasion publicly to profess .my entire persuasion, that the preservation of 'geoctortieranct obedience to the Laws in this PrOvihce, has.,bedn chiefly owing to the loyal disposition, tnd to the Viginnifs elcertions bithe Magistrates, and to a similar Condud in'the 'Yeomanry who supported them. •,' • I most gratefully acknol 4 /Icdgc W.s . 'Majesty's goodness to me in commanding my servi ces where, fromevery : local consideration, it must have - been my-ernbitiO.:n to serve; and' . entreat that you will believe, that whatever feelingsfarose - - tOme from rhy abrupt removal front thy late C- , ,,,nnuan4 they are more than compensated: for,` by the Very Ilat"fer'fn4 and most honourable dist-Makin which that 6mill - int-Eine& has procured to me from` my too , partial Countrymen, , whose' good opinion and friendship, which,. as it has been:A): most anxious dare to,attain, so li t my most earnesE your to prOerve. • I have the Honour tareitaih' My. Lords and Qedlemen, Withthe utmost gratitude and esteem, Your much obliged and faithful humble Servant, CLANRICARDE. Portumn . a Castle, Jan. zz, TgoZ. The sni-ditato Ifiarrioi:s who parade in Bond. street, with their arms in slings, are ftainataly relieved from any embarrassment they' might have suffered from interrogations respeaing the Patties in Egypt ;. the Representation of _the Viffory be.. fore Alexandria, `exhibiting at Sf ring Gardens, has enabled them to harangue with such facility upon the local circumstances of that battle, the nathre of the country, and the , costume of the lift'ich and Turkish Armies, that a stranger to the tbwn going into - Stevens's, may suppose himself surrduneed bar the whole of Sir R. Abeteromby's Staff. Tuesday night, between eight anti nine o'clock, two well-dressed men got into a ready furnished house, in Upper Seymour-street, by means of falke key. They watched the man ottt-who takes care of the ,same ; but on his return, observing a light in she kitchen, he immediately applied to the patrale, and the meat were secured. Th e f a l se k ey was found in one of their pockets. On Thurs.da.y last about - one o'clock in the after_ noon;a•fire broke out in the back premises of Mt's. Munk, at East Farteigh, near Maidstone, and the wind blowing hard, the sparks communicated to the thatch of a barn adjoining,k:elonging to S. Amherst, Esq. wherein was from so to 6o quarters - of corn, which, together with the whole of the Out-buildings, were entirely consumed itt the short space of two hours. From this melancholy accident, Mrs. Munk.. (a widow, with a:large faiiji4y.) has sustained a very Serious injury, by the loss of rs pipes of cyder, with the mill; press, and many other materials to • the amount of 1501. . The Jerusha, Massey, from Charleston to Lon. don, is put into Chetbourg in great distress,,attkr throwing part of her cargo overboard. ,_