The Sun. — London, England, 1802-07-09 00:00:00

N4IVAL NEWS. PORTSMOUTH, JuLY 8. ApAuven the lane, VICE, from FalmoUth. Sailed the John and Edward, and Alliance, ItOBSON, for London ; Camilla, YOUNG, Friends, SkstRTEN, Phrebus, BYWATER, and Ulverstone, 130 1.T00N, for Sunderland, DEAL, JULY S. ARRIVED from a Cruize, the Amph;on Frigate, and remains. Sailed for Portsmouth, the Woolwich Store-ship, of 44 guns, and Tottenham East India Ship, for SHEERNESS, JULY 8. THIS day arrived from Chatham, with paid off men for a passage to Ireland, the Diligenre Sloop, Capt. KERR, and has sailed ; also the Minx Gun.. boat, with men for Scotland. COCKPIT, WHITEHALL, juty 7. APPEAL FROM THE VICE-ADMIRALTY COURT OF THE ISLAND OP GUADALOUPE. The Pendia, William Paine, master.—This ship laden, with a cargo of wine, brandy, and other ar ticles, and destined therewith from the Island cf Salone to the Island of St. Thomas, was captured On the a l of March, 1799, by His Majesty's ship Invincible, and tarred into the Island .of Mar tinique. It appeared that a claim was given by the master on behalf of Joseph Covachich, described of New-York, merchant, for the ship, and for the general cargo, on behalf of the said Joseph Covachich 4 t I c l W. M. Seton. It was submitted on the part of the. Captors, that in point of national charaeler, Mr. Covachich was not to be considered as an American, but that in this transaction he was to be considered as a Spaniard ; for although the documents for the present cargo Lehi out a destination for St. Thomas, yet it was Znanifest, from the correspondence before the Court, that this Claimant was carrying on a trade Om Spain to a Spanish Settlement, and back again. Their Lordships direeted further proof to be pro duced in this case. APPEAL FROM THE VILE-ADMIRALTY COURT or THE ISLAND OF JAMAICA. Arrustra Senora De Lot Remedios, Antonio Serra, znaster.—This ship, laden with a cargo consisting of 300 barrels of flour, and some cases of wine s and mound from New Providence to the Port of St 4 Domingo, was captured in the beginning of Jarmo 1799, by. His Majest g y's ship of war Stork, • Laroche, Esq. Commander, and carried into the Island of Jamaica, and there duly proceeded against. It appeared that this ship was sailing "unde r a licence granted by the Governor of the Bahama Islands ; but it was submitted, on the part of the Captors, that at the time of the capture the vessel was steering from one Spanish port to another, which was not conformable to the terms of the licence. Their Lordships, in this Case, reversed the sen. tenee of Court below, and restored the ship and Carg o as claimed, and also condemned the Captors in both instances in the costs. The following is the opinion of Justice BLAcx al'oNt,eoncesning the present question in agitation, namely, Vihether a Representative of the People is to vote' according to his own opinion or that of his C onstituents ? " For the end of his coming to Par liament is not particular but general ; not barely to advantage his Constituents but the Commonwealth ; to advise His MAJESTY, as appears from the Writ of Summons, De commani eonsilio super negotiis jisdaln arduis et argentiLus, regem, statum, et difen.. regui Anglie, et Ecclesix "Iv/it-ame con. e!rnentib as : an d t h ere f ore , he is not bound, like a Deputy in the United Provinces, to consult with, 0 r take the advice of his Constituents upon any par ticular point, unless he himself thinks it proper or prudent so to do."---BLAcx. Corn. Vol. I. , p• 159. Sir WATK I N LEWES, in his speech yesterday, C omplained of persecution, and that, threats were made of arresting hid] for debt. We are sorry to hear he was actually arrested in retiring from Guild,. hall,, The proceeding is very invidious. The Southwark Candidates havyhe good for tune of equally suiting their Voters to a T—all their !lames beginning %Nth that letter. The Citizens who support Sir F. BURDETT are V ry clamorous against Magistrates and Pri sons . l ey have no doubt good reason to complain, but we wonder they have not policy enough to keep their own secrets. As the Eleflors of Norwich have shewn their aversion to Bull baiting, by rejeding Mr. WIND -111:1, it is very likely that he will account for their repugn ance to that manly diversion upon the prin ciple of natural instinel, and set them down as calves. GRAHAM'S Speculation is not so bad as it was at first supposed. Why may not seats in Parliament be dispo se d o f b y public augion, as well as by private sale ; in such an event he might get employ ment. MACREADY, who is one of the most aCtive, and from all we hear, one of tae most liberal of country Managers, is likely to have a very profitable season at Birmingham. He has engaged Mr. H. SIDDONS and his wife, who raised the name of MURRAY into deserved repute, BRUNTON, HILL, BLAN CHARD, POW ELL, Miss MENAGE, and Mrs. LITCH WIELD. Several Of MACK EADY'S own regular Corp s are, we understand, very respeftable Per— formers.—The IP inter' s Tale has been recently h,rought for war d at Bi rm i ng h am, as we ll as the tragedy of illfinso, and both of them were re. Presented in point of skew and theatrical ability in ._ 44 e l ) a manner as would not h ave b een di scre di ta bl e " 1 the London Boards. WEYMOUTH, Jtr LY 7. Txts,tnorning the KING bathed in the warm bath, and afterwards walked on the Esplanade with General GARTH, COI. FITZROY, and Sir H. NE ALE. The PRINCESS CHARLOTTE Of WALES bathed this morning in the sea. The KING, after breakfast, with PRI NC ESS SO_ PH lA, rode on horseback. The QUEEN and Pk IN- C ESSES in their SoCiables, accompanied by Ladies CRANL EY, STAWEL, and CATHCART, took an ex cursion to Wormwell, a pleasant Village on the Lul. worth Road, the seat of the Rev. j. PICKARD. Her Royal Highness PRINCESS AuGustA, before dinner, bathed in the warm bath. The immortaThe Frigate came into the Roads last night, and this morning fired a royal salute. Two troops of the 14th Light Dragoons marched in here this morning to relieve the Scotch Greys, who are going to Croydon in Sturey. The Theatre opened last night by command of THEIR MAJESTIES, under the management of Mr. HUGHES. The performances were A bold Stroke for a Wife, and the Farce of The Village Lawyer. Mr. BANNISTER'S Colonel Feign.well, in the Play, and Scout, in the Village Lawyer, were rapturously applauded. Mrs. BR AMW ELL, between the Play and Entertainment, sung an appropriate song, in praise of the Peace, and was encored. Mr. BANNISTER is engaged only for four nights. CORN EXCHANGE, July 9 WE have this day a middling supply of 'hear, and being short of the best quality, it had a ready sale at good prices ; Barley and Malt continue steady ; Beans and Pease have a dull sale, and something lower; of Oats we have a good supply, it goes off briskly, and rather dear ; Flour has a quick sale, and with little alteration. Wheat sos a 6os a 63s od Fine do. - acs a Its od Malt - 463 a 48s a is od Fine ditto - szs a 53s 6d Barley -28 s a 32s od Rye - 3os a 34s od White pease 33s a 38s od Beans - 3rs a 33s od Tick ditto - 275 a 295 6d Oats - 145 a 18s a 22S od Poland do. 23s a 245 6d Rape Seed 321 a 3il per last Fine Flour 505 a ssi per sack Second do. 455 a cos per do. On Wednesday a Meeting of the Freeholders of the County of Kent was held at Maidstone, for the purpose of nominating the County Representatives. Sir EDW. DEERING in a sport speech, proposed Sir EDW. KNATCHBULL ; Sir WM. GEARY was then nominated by Sir WM. TWISDEN ; and Mr. Fn.- MER HONYWOOD was nominated by Sir NARBO. ROUGH D'AETH. Sir ED. KNATCHBULL and Sir WM. GEARY then addressed the Meeting in short speeches, but found great difficulty in obtaining a hearing. Mr. HONYWOOD was absent, from indis position. After several vain attempts by Gentlemen to get a hearing, the shew of hands was demanded in favour of the respective Candidates, which was de clared by the Sheriff to have fallen on Sir W M . GEARY and Mr. HONYWooD. Sir EDWARD KNATCHBULL denied that the sheW of hands was in favour of Sir Wm. GEARY, and demanded a poll, which was then fixed to commence on Tuesday next, on Pennenden Heath, after which the Meet.. ing was dissolved. EssEx.—At the County Meeting holden yester day, opposite the Shire-Hall, at Chelmsford, the Sheriff having opened the business of the day, MoN. TACO' BuitoorNE, Esq. a , ldressed the Meeting at considerable length, declaring, that he should abide by the nomination of the respedable assembly then present. After a Mr. RUTT, of Witham, and some other persons had spoken on that side, RALPH KNIGHT ALLEN, Esq. in a recommendatory speech, proposed Mr. BURGOYNE to be put in nomination, which was seconded by Mr. Torr. BAILEY HEATH, Esq. here offered himself as a Candidate; but as he was not seconded, his name was afterwards omitted by the Sheriffin nomination. Mr. MAJENDIE, after expatiating, in handsome terms, on the tried public and private merits of Co lonel BULLOCK, proposed him to be put in nomi nation, as a Gentleman in every respell worthy of being re-elided to serve the County in Parliament. He was seconded by Mr. R. BAKER. Sir H. MILDMAY then came forward, and ob served, that before he presumed to recommend a Candidate to the choke of that meeting, he should readily be indulged in paying a tribute of gratitude to the public deserts of an Hon. and respedable Gentleman, Mr. BRAMSTON, who, contrary to the wishes of his friends, and he trusted to the County at large, was about to retire from their service.— The Hon. Baronet then nominated ELIAa HARVEY, Esq. as a Candidate every way qualified to fill the important situation which he now solicited. Mr. HOUBLON, after an appropriate address, seconded this Motion. The Sheriff put the several Candidates in nomi nation, after which, he declared the shew of hands to be in favour of JOHN BULLOCK and ELIAB HAR. VEY, Esqrs. Mr. BURGOYNE here addressed the Meeting again, at the close of which he declared, that he should rest satisfied with the appearance of numbers at that meeting, which he saw was not in his favour. The Eleaion commences on Monday next, at Chelmsford. The following Hand-Bill was delivered about Norwich on Wednesday : 1 ' To THE NOR FOLK FREEHOLDER s.—The event of the Eleaion for Norwich having deprived that City, and the Country in general, of the eminent services of that highly distinguished Statesman, the Right Hon. WILLIAM WIND HAM, the Friends of that Gentleman arc earnestly requested to consider of the expediency of putting him in nomination for the County of Norfolk ; and as the Eledion is fixed for Monday next, it is most anxiously hoped that they will lose no time in manifesting their zeal for accomplishing this most important objed.—July 7, tgoa " Accounts brought by the Royal Admiral from China inform us, that ‘ the Missionaries are suffered to perform their humane work without interruption. They hasten also to baptize those who retain the smallest spark of life. One of those pious fathers acknowledged, that, in Pekin alone, about two thousand were every year exposed, of whom a large proportion perished. One of these Mission aries, in the name of the rest, has addressed let ters of thanks for the kind treatment they expe rienced from the Court of Directors of the East India Company. LAW REPORT. COURT OF KING's BENCH, TULY 7. SS ITINGS BEFORE LORD ELLENBOR - OUGH T- MINS r ER-HALL. MR. HOVELL moved for leave to compound a penalty on the Post Horse Duty Ad, on the pay ment of lA. s and Mr. MARYA'r was instructed to consent on the part of the Informer. Lord ELLENBOROi/GEI asked if there was the certificate of the Attorney General, of his consent on behalf of the Crown ? Mr. HovELL said, they had not that certificate at present, but that the Rule should not be drawn up without producing such consent on the part of theßAttornw General. Lord ELLENBOROUGH said, that not only was the rule not to be drawn up, but it was nor pro_ nounced without such certificate. The motion was therefore refused. A motion was afterwards made for leave to com pound the penalties on certain cases of usury, by consent of the Prosecutor, on payment of half the fine to the King and a certain sum to the Informer, besides costs to be allowed, as between Attor ney and Client : " But, no," said Lord ELL EN. BOROUGH, " this is an attempt to play a trick upon the Court, by which the party intends to gain, for his compliance, a larger sum than he affetis to take." And therefore the Learned Gen tleman who moved it, proposed to strike out of the motion, " Costs as Attorney and Client," and insert instead of them, the words " Costs as be tween Party and Party;" a difference which is well understood in the Profession, and which is, in some cases, very considerable in amount. Upon which the Court assented. In an anion_ for Criminal Conversation which now stands for trial, Mr. GIBBS said, a Witness to be examined was going to Ireland after the next Sittings, for which reason he hoped his Lordship would appoint a day for its trial. Lord ELLENBOROUGH said, he could not, at present name the day on which it should be tried, because that might derange the order of the Com mon Jury Causes, but it should be tried in the course of the next Sittings. His Lordship then took occasion to observe, that owing to the pro ceedings of the City of London now going on at Guildhall, it had 'been deemed expedient that there should be no trials of Causes there on Friday—and therefore his Lordship desired Gentlemen at the Bar, Attornies . and other persons concerned, to be apprized, that lie should sit in Westminster to morrow and on Friday ; whether he should sit in London on Saturday would depend on circumstances with which he was, at present, not acquainted. JOHNSON V. SHEDDON. This was an ACtion upon a Policy of Insurance, in which the question was, upon what scale of calculation a partial Loss was, to be computed ?, point on which there has long been a great differ ence of opinion among the Gentlemen at Lloyd's. Mr. Oliphant and Mr. Vaux, two very eminent persons in commercial affairs in the City, differed upon this subjeCt, and gave their evidence upon two Trials before Special Jtiries in Guildhall, when Verdias were found for the Plaintiffs upon the Scale of Calculation adopted by Mr. Oliphant, agreeably to the opinion of Lord KE NYON. A Motion was made for a new trial, upon the ground that this calculation was erroneous: The case has been before the Court for a twelvemonth, and now Mr. Justice LAWRENCE delivered the opi nion of Mr. Justice .GRost, who, from indisposi tionAwas prevented from attending, and his own, (my Lord Chief Justice being Counsel in the cause, took no share i ) they concurred in thinking that the principle on which Mr. Oliphant made his cal culation, was etroneous. in this case, for which reason the Court ordered a new trial. This deci3ion governed the case of Johnson and Thompson, in which a new trial was therefore; also, ordered. THURSDAY, JULY 8. MAY AND WIFE V. MITCHEL. This was an ation brought for damages from the Defendant for an injury sustained by the Plaintiff's wife by reason of a carriage 'being overturned in the street over some rubbish, which was there de posited by order of the Defendant, who is a Baker, living near Broad St. Giles's, and who was then re pairing his oven. It appeared in evidence, that the Plaintiff is the footman, and his wife the confidential servant of a Lady of the name of Middleton. That as they were coming home from the play about .twelve at night, they came to this place where was this rub.. bish without any light, fence, or any thing to se cure, or to warn passengers against danger, and the Plaintiff's wife was bruised in the arm, and being in an indifferent habit of body, having had a paralytic stroke, she was ill for some time. A Surgeon attended her, and his bill, on that specific account, was 51., which the Defendant paid, as he did also the Coachmaker's, which was 41. t 65.61, for the damage done to the carriage of Mrs. Mid dleton. The Defendant contended' by his plea, that the Plaintiff had accepted the 51. paid to the Surgeon, as a compensation for the damages sustained in this case ; but that was negatived by the Witnesses called on behalf of the Plaintiff, and no Witnesses called on the part of the Defendant ; but Mr. GAR_ Row addressed the Jury, admitting the right of aftion in point of law, but submitted that the damages in this case amounted really to nothing, inasmuch as the Surgeon's bill was paid, and the Plaintiff's wife was continued in the house of Mrs. Middleton, and provided in the manner she had been for many years. Lord ELLENBOR ' OUGII'S address to the Jury was very interesting to the Public at large, and particu_ larly to the inhabitants of this Metropolis ; and still more to those who cause impediments in the street, and therefore we detail it.—His Lordship said, " That this was an Aftion brought to obtain com. pensation in damages, for an injury sustained by the Plaintiff's wife by means of the Defendant's inisconduO, The Learned Gentle Man who was of Counsel for the Defendant had, very pr.; eiitly, riot examined an} nesses, because they c,:uld not have made out the Defence which was set tip in the pica of the Defendant. ThiS was an ARion to recover • damages for an inconverienca, w hi c h t h e Pl a i nt iff' s wife had suffered, from a pantity of bricks and rubbish in the street ;. and the case Wati a very short one, and spewed, that a great deal of caution ought to be observed by those Who left any rub. hisli in the street, or who lay any thing in the public way, which every individual has a right to. use ; for if by so doing, any inconvenience i s oc ca _ sioned to any such individual, the person so oh_ strutting, shall be answerable in damages for such inconveniencei or he shall be liable to public secution by indiatnerit : for he shall take care tla t no individual shall suffer by his aft, and there:l6le it behoved the Defendant to take care there should have.been about this rubbish, either a fence to se_ . cure the passenger from injury, or a light to warts him of danger ; or that there should be something done to it to avoid the inconvenience, which was not done in this case, and therd'ore the Defendant was answerable; for as to the agreement to settle this case on the Defendant's paying 51. for the Surgeon's bill, there was no evidence whatever, nor was there any other on the part of the Defendant, and therefore the jury avould take it that this was a dangerous obstruction which had occasioned this injury, and for which the Defendant was answerable. The damage done to the Plaintiff's wife in this case might have been a little aggravated by the habit of her person, from the paralytic stroke, on which it was not necessary to lay any stress, but the question here was, what was to be allowed on account. of the bodily suffering and mental affliction which must have accompanied that bodily suffering, in estimating which the Jury would be moderate.— It appeared that this person had been ill about three weeks, in the most lenient way of considering the case. As to the damages, the Jury would see what either of themselves would have expo red to be - given, were the Plaintiff's case their own.—Then, said his Lordship, "If this was an indictment, after your verdiet, it would be our duty to endea vour to hold out an example by which some re straint would be laid on an enormous evil of which we have 'all too much reason to complain, as we come in our coaches through passages which ought to be 'kept unobstructed, and free fret the passage of every individual. If this ob. 'I strAon is continued, there must be some sum mary mode adopted to remove it, for really, in our approaches to this Hall, the obstrutions are ab. solutely intolerable. This you have nothing to do with, at present, I admit, but althoug,h not ab-o lutely a part of this Case, I think it-right to take this opportunity of noticing it ; and to add, that I do hope some persons will take this matter up, on public grounds ; - to put an end to these enormous obstruCtions, by which two-thirds of some streets arc taken up. I speak particularly of Sr. Martin's.. lane, the conduct of some ,of the inhabitants of which provokes, and must meet with public oUnish ment, unless the obstruCtions in it be forthwith rel • moved, and if no other persontakes this matter up, I shall think it my own duty to institute a Prose- - cation, unless the subject of complaint be abated.— This, as I have said already, does not belong to the consideration of the present Aa, you will now , if you please say what damages the Plaintiff shall have.",--Verdict for the Plaintiff, damages 51. - BENCE V., PICOT, ESQ. This was an Alion for goods sold and delivered to a Lady who, at the time, was understood to be the wife of the Defendant, mho 'is an Qfficer in the Service, but which was since found not to be so, and not now living with the Defendant. It appeared in evidence that these goods were linen drapery, and that they were delivered to this Lady ; that the Defendant, had lived with this Lady for many years, and had always treated her as his wife ; they had lived together for many years, and had four children, &c. Mr. ERSKINE,said, be had very few worth to ad_ dress to the Jury, because my Lord was to deter mine the law of this case, for it was not in his power to alter the faas of it, by any evidence.---- Captain Pigot would not have defended this anion, if he had not made a large provision for this Lady ; so much as 2001 a year, with which she ought to have supported herself, but instead of it, she went round this great town from tradesman to tradesman, and took up goods, and enorulous bills came in upon the Defendant, so that when he was with his regiment, he was run up in debt most enormously, and, therefore, he must put a stop to it. He had nothing more to do than to leave the case to the Jury. Lord ELLENBOROUGH.---" It is perfe6tly clear, that a husband is answerable, up to the extent of his degree in life, for'any debts the wife may rea sonably contraa ; and if a man permits a woman, who is not his wife,• to assume that charaeter in life, that she does so with his countenance, an d he assists her in it, so that , she is so consider e d by those with whom she has dealings,he shall be answerable for her - contraCts in like manner as if she wits really his wife, as much as if the rites of marriage had been legally solemnized between there. So stands the case here, and, therefore, if you please, the verdid will be for the balance due, as proved by the witnesses ex_ amine(' on behalf of the Plaintiff." VerdiCt for the Plaintiff, Damages 291. ros. 9d. the balance due. The pickpoCkets were so daring on Monday even ing in the'vicinity of Lord's Cricket-ground, that they actually took the umbrellas of men and women by force, mad even their watches and purses, threatening to stab those who made resistance.— They were in gangs of from twenty to thirty, and behaved in a manner the most audacious. A Gentleman returning on Sunday evening about eight o'clock from Epping, on horseback, was stop. ped about a quarter of a mile on this side the forest by four footpads, who robbed him of a few guineas, a silver watch, and two or three shillings ; they also most cruelly treated him, giving him several blows, and threatening if he spoke, to murder him on the spot. It is rather thought ther e i s , some where about the Forest, a gang of those villains, for immediately upon leaving the Gentleman, they set up a whistle, and fled towards the Forest. zit! nld t~ et e- Y)