The Sun. — London, England, 1802-07-12 00:00:00

NAI/ .1 L NEWS. PORTSMOUTH, JULY 11. Atts.tv to yesterday.evening from the West In.. dies, His Majesty's Ships St. George, Captain, Resolution, Warrior, Robust, and Zealous ; and El C orso, frt:ii Gibraltar ; also the kaumn,"from the Downs.' This day-arrived His Majesty's Ship Quebec, from the West Indies. Early thii morning . His Majeity's Ship Wool tvich got on•the westermost part of the Otvers, and now remains there. The weather is moderate, and it is hoped the Ship will not sustain damage. This day the Acasto Frigate was released from quarantine. Arrived this evening, the Transports Spring. and 'it • Vincent, from Nialia. HARWICH, juLr I I. YESTERDAY the Diana Packet, Capt. STEWARD, arrived from Helvoetsluys, with twenty_six pas sengers, ten of which, with the Dutch Mail, were Put on shore the day beforejt Aldborough. The Earl of Leicester and Prince of Orange Packets also arrived from Cuxhaven, having landed their IVlails at Yarmouth. This morning the Diana packet, Capt. STEW ARD, and the Earl oi Leicester, Capt. THOMPSON, sailed, the former for Helvoetsluys, with the Dutch. Mail and 20 Passengers, and the latter for Cuxba- Yen, with the Hamburg!' Mail. SHEERNESS, JULY I I. THrs day Vice-Admiral GR/EME struck his Flag Comniander in Chief at this Port. DEAL, JULY U. ARRIVED His Majesty's Ship Solebay, from l'ortirnouth, and sailed for t4e River. Came down front Sheerness, the Ranger Navy transport, and remains with the Amphion Frigate, fonkey and Blood- Hound Gun brigs. Arrived and sailed for the River, the Rosalie, from Berbice ; Alfred, Rost Nso x, from St. I( itt's; Naiad; Ron E P.Ti, and Mary and Susannah, CLAR.K,. froM Jamaica. WEYMOUTH, JULY 9. LAST night THEIR MAJESTIES visited the Theatre, and were iiikldy delighted with Mr. BANNISTER, wlio performed Acres, in-the Comedy Of the Rivals, and, Dobson, in the Farce of The hevil to Pay ; after the performances theßovAL FAMILY returned to the Lodge. This morning HIS MAJESTY bathed in the cea, and afterwards with his usual attendants walked on the'Esplanade. Their 'Royal Highnesses the PRINCESSES MARY and CHARLOTTE Of WALES bathed this morning.. After breakfast His MAJESTY and the , PRIN. "SSES SOPHIA and AMEL IA rode out on horseback `through the Parishes of Ormington and Sutton. HER. IVIAIEsTY and theft' NC ESSES, accompanied Ladie s CATHCART, PRANTL EY and STAW ELL, tl -a landau took aniairing- through Upway and 'roadway. PRINCESS CHARLOTTE of WALES, attended by !la EL cur, took an airing through the pleasant ge of Upway. THEIR MAIESTI ES and the PRINCESSES honoured 'ne Theatre with their presence. JULY 10. He r Royal Highness the PRINCESS CHARLOTTE Of 0. - ALES paid a visit LO THEIR MAJESTIES at the E ° gel, last night, attended by the Countess of I.OIN t . 11 " MAJESTY walked on the Esplanade for some ; and THEIR MAJESTIES and the PRINCESSES Went in their carriages to the Theatre. Mr. B ANNISTER per f orme d D e Ci or P ang l oss i n the Comedy of the Heir at Law, and Frederick' in t he Entertainment of Of Age to Morrow. Between th e Play and Entertainment Mr. BANNISTER sung the ra,vourite song of " Captain Wattle and Miss Roe." ~ 'he Royal Family were highly diverted. This morning- PR IN C ESS MARY bathed in the sea. iiis MAJESTY, General GARTH, Colonel FITZ II") and Major DESB_OROUGH rode on horseback : it raining very hard, they soon returned to the Lodge. PRINCESSES ELIZABETH and MARY, accompani ed by Ladies STAWEL L and CATHCART, walked on the Esplanade, and afterwaids rode out on s horseback. HER MAJESTY and the PRINCESSES took an air_ lng in a landau. EVAN NEPE A N , Esq. had an interview with tits MAJEST Y this morning. This morning was married, at Hendon, Middle dleseß, by the Rev. CHARLES BARTON, B. A. . I ,,CotrrTs TROTTER, Esq. of Berners-street, to Miss late GO RDON , youngest d aug h ter o f t h e ate Hon. ALEXANDER GORDON, Lord ROCK VILLE, brother to the late Earl of ABERDEEN. His Majesty, in 1794, was graciously pleased to rant a p l ot o f ground in Hyde Park to' the Humane 2eiety, for the eretlion of a Receiving House, hith has been annually produaive of many va 4,,able lives being prese rv ed.—O n the 25th ulr. an t' / '/, e lledually deranged person attempted suicide.— a hen rescued from the watery grave, the Resusei lillve Process was employed by Mr. BoNHAm, e rewards for life restored have been paid by the 14 :easurer of the above valuable. Society to the hu., • r 'e Assistants. PARIS, juti t. THE Tribunate have eleded Luc tr - ig 13614A_ PASTE as their Member of the Grand Council of Administration of the Legion of Honour. Admiral VII, LAR ET set off on the sth for . Brest, from whence he will proceed to Martinife, of Which Island he. is appointed Captain General— . will hoist his Flag oh board le ;enfants. The Division which is to accompany him, consists of two Ships of the 'Line, some Frigates, and light vessels, in which the Troops destined to take POs_ s'ession of Martinique will embark. The Registers of the Distria of Chalons 'sir Saone, in the Department of Saone and :Loire, present a re sult of iz,886 Affirmative Votes, on the question for perpetuating the Consulship of BOI4APARTE, of which 86oz have voted for granting to the First Consul the power of naming his Successor. Sixty-two thousand Affirmative Votes have been given in the Department of Bal. Rhin, on the ques tion for perpetuating the Consulship of Bo NAPAti'rE. The Municipal Council of Montpellier, in which town the Father of BONAPART E is buri e d; h av i ng „lied there in 1785, have decreed that a Monument should be erdted to hi:n, in the centre of the town. It is proposed that, by the side of the Monument, there shall be a figure of Religion, raising up the top of it, with this inscription Quit thy tomb, thy Son NAPOLEON has raised thee to Immortality." _ - BERLIN, JUNE 12.—Ids asserted that the Court of. Vienna is' not satisfied with 'the greater part of the arrangements made between France, Russia; and Prussia. A new declaration is expeaed, 4n the part of the EMPEROR. It does not appear that these affairs are so near to their conclusion as is at pre sent thought. COPENHAGEN, JUNE 22.---PRINCE WILLIAM of GLOUCESTER embarked this morning for, Stock. holm, on board the. English Frigate Lalona. FRANKFORT, JUNE 30.—The following is be:. lieved to be authentic, respe4ing the Indemnities. " The Project of Secularization is prepared, de_, cr(ed, and approved. In. the course of July, a French, Minister will repair to Ratisbon, to carry it into execution, according to the desire of the principal Courts interested. The ELECTOR of MAYENCE alone will pres(!rige the dignity of Ecclesiastical Elector, and will remain Arch-Chancellor of the Empire ; but he will lose a part of his States.— Those who are in the service of Princes whose pos sessions are to serve as Indemnities; will keep their places and appointments. The Chapters will be preserved for the present, and until their Members are extinct. A Hamburgh Journal of the zsth.states, that a private Con, ention has been concluded between Russia and France, respeetiog the affairs of Ger_ many, and at the KING of SARDINIA. STUTTGARD, JUNE tB.—The duel bet Ween Prince Sunow a,:d M. de GI Et.Gwr, has taken place-at Carlsbad, although. it was publicly said, that the, two parties' were reconciled. One of them,' it is said, remains on the field of battle. VIENNA, JUNE 25.—A Courier from Palermo has brought inteWgence within these few days, that the KING of NAPLES had q_uittedSicily, to return to Naples. BASLE, JUNE 20.—The new Constitution was to have been solemnly proclaimedat Berne. The Installation of the Constitutional Senate has been delayed for some days, because the Senators were not all arrived. DIJON, JULY 4.—ln consequence of. an Order of the Minister of the Police, the Curate of Uncg and., Marccilois has been arrested : the cause of . his arrest was, his having declared puh_ licly from the pulpit, that three individuals, in habitants of these two villages, should not be admit ted into the Church during their lives, and that at their decease, their bodies should be deprived of the rights of sepulture,—He is to remain in prison until the law-shall have decided upon his fate. CORN EXCHANGE, It& 12. WE this day have had a good many fresh arrivals of Wheat, most-of which had a ready sale, and some fine Essex samples went off dear ; Barley and Malt are plentiful, and little variation ; Pease and Beans rather dull ; of Oats there are large supplies at Marker, and are a trifle cheaper.—Flour nearly as our last. Wheat 52s a 62s a 72$ od Beans - .3rs a 35$ od Fine do. - 733 a 74s cd Tick ditto -28 s a3is 6d Malt - 46$ a 495 asis od Oats -14 s rBs a 225 od Fine ditto -52 s a 535 od Poland do. 235 a 24s 6d Barley -28 s a 3zs od Rape Seed 311 a 341 per last Rye- - 3os a 34s od Fine Flour sos . a sss per sack White Pease 363 a 39$ od Second do. 45s a cos per do. THE TH'EAT'RE. Hay-Market. . .. . . . ~. . . . A new Comedy, of three A6F, entitled Beggar . lib) Neighbour, or A Rogue's a Fool, was represeni. ed 'on Saturday last. at this Theatre.. CHARACTERS. Mr. Winningtpn, Henry Evelyn, Philip Evelyn; Dalton, Rebate, lemmy, Gaby Dolt; Mrs. Winnington; Patty, Harriet Wilmington? Mr. WILIARAY. Mr. A cETT.. Mr. C. KENtai.E.. Mr. WADDY. Mr. SusiT. Mr. DE CAMP. Mr. EATERY. Mrs. EMERY. Mrs. MOUNTAIN. Miss NORTON. FABLE. The scene lieS in a Village near London. Mr. Winning ton; a Merchant of the most respectable charader, is brought by the benevolence of his own temper, and the'artificcs of Dalton, an upstart man of fin - tune, into great embarrass- MentS. Dalton is the son of a man who had been footman to NVinnington's father, and owes his wealth chietlylo that connection. Winnington'S daughter, Hatriet; is a very ami able girl, and the objectof attaehment.to Philip and Henry_ Evelyn, the soils of an old friend of her father: She is also beloved by Dalton, whose pretensions had been related by Mr. Winnington. Hartiet herself prefers Henry. The two biothert are of very different dispositions. Philip is grave, studiouS, and humane; Henry is wild and dissipated, but, with all his levities possesses ,a good heart. Dalton is em ployed by Henry to manage his pecuniary concerns, and the former has availed himself of the opportunity of enriChing himself by every possible artifice. •..^. large sum is owing by Winnington to Henry, and as Dalton has the control over the property of the latter, he revengeS himself on Wilming ton by an execution on his property, founded on kienry's claims. The family of Winnington are therefore - thrown in -2o the utmost distress and confusion, occasioned, as they suppose, by..the severity of Henry. The two brothers, who feel the highest resped tot Winnington, are deeply atteded by his misfortunes. Philip dispatches a messenger to Lott• don, without stating the purpose, but it is thought for the relief of Winnington. Henry, having reason to believe that he is considered as the author of Winnington's distress, is afraid that,ariy dired proposal to relieve him would be re lated with indignation, he therefore determines to pretend that he is struck with admiration of a pidure belonging to Rebate, lately a Clerk in the house of Winnington, and who has retired to the Village, in order to acquire a taste for ru ral life. Henry pronounces this pidure agenuine Pous s 11, altering three thousand pounds for it, knowing that Rebate will readily give the whole sum 'to his late master the mo ment he hears of his distresses. This, expedient succeeds, and Rebate hastens to London, to employ all his wealth in removing Winnington's embarrassments. But it appears that Philip Evelyn had previously sent orders to London for that purpose. Philip had attentively. watched the condud of Dalton, and lodged a statement of all his mal-pradices as a Magistrate in the hands of the Chief justice. Henry, with a pistol in his hand, extorts a confession of Dalton's vil lainies, first :from his Clerk Jemmy,. and afterwards from Dalton himself. W-hen Winnington is reinstated in his af fairs, a meeting takes place in his house, and as it is mani fest that Dalton, and not Henry, was the cause of Winning ton's distress, the family are reconciled to him ; and as Phi lip generously sacrifices his hopes of Harriet's hand in favour of his brother, theßiece concludes with the entire ex pOsure of Dalton's perfidy, and.a prosped of general happiness: This Comedy is an acknowledged produ&ion of Mr. MORTON, the author'of many Dramatic Pieces which have deservedly been favoured with public approbation. It is certainly, on the whole, below what might be expeded from so successful a Writer. There is nothing fiery new in the plot,\ though . it is managed with a degree of skill that enables it to take a strong hold of the feelings in all that relates to the troubles of so amiable a family as that of Winnington. The charaaers . of the brothers are properly contrasted for draMatic purpo s e s , th oug h neither is distinguished by a novel feature. • It may be thought that the Author has violated poetical justice in•assigning the gentle and amiable Harriet to the volatile and libertine Henry, rather than to .Phi/ip, whose qualities are more congenial. to her disposition. The circuitous expedient de vised by Henry, to give an extravagant sum for a" paltry daubing, under the 'expeftation that the money would soon find its way to Winnington, seems to be wild and improbable. . The Author, however, has perhaps copied life,' if he has negleaed dramatic justice, in giving that direetion to the I.,ad,y'S feelings, and the.expedient of the pi&ure is not more extravagant than the circumstances upon which depend the agency of most-produclions of the Modern Stage. • Three attempts.at novelty of chara6ter seem to have been made in this Comedy. 'One is a City Clerk, endeavouring to become. the Country Gentle man, yet cleaving to his old pursuits, and prefer.. ring 'Change and Garra,rtliay's to" Groves and Lawns; a Clerk to a. villainous Magistrate ; as., suming the effeminate, affeeiation of a Man of Fashion; and an , ..ignorant Footman, attempting to appear, as a profound Scholar. • The first of these charaders is whimsically de signed, but not so happily coloured.., The second is rather more disgusting than new ; and the third may be thought a pupil of the Lingo School. The Performers in general did justice to the piece. C. KEMBLE gave manly spirit and feeling to Philip ; FAwcETT was lively and diverting in Henry ; MURRAY' appeased to considerable advan tage, as the amiable and upright British Merchant ; Su ETT displayed all his usual humour in Rebate.; EMERY, in the Booby-Scholar, was simple and en.: tertaining ; Mrs. EMERY, a very decent adress, acquitted herself very well in Mrs. Wilmington ; Mrs. MOUNTAIN had a more easy vivacity than could be .xpeded, in a Country Girl she sung a pretty little air with such success, that she was encored. Miss NoRTON, gains upon , thePublic - her performance of Harriet was unaffeded and in teresting._ _ _ The Piece excited interest and amusement in parts, but was not very well received on being an nounced by FAWCETT for this evening : with judicious pruning, however, we doubt not, it may be repeated with success, particularly as Criti cism is generally expeled to be lenient in her de cisions upon the produaions of a Summer Muse. A hackney coachman was on Saturday night committed to the watch-house, for violently assault ing a Gentleman's servant, while the latter was en deavouring to get his master's coach to the door of the Haymarket Theatre. It seems that there is a convention between the hackney coachmen and the link fellows to prevent servant's from - attending, as injurious to the rights of link-men. The Constables and attendants of the Theatre, with all their vigi lance, cannot prevent the riot and mischief that al most every night result from this confederacy be. tween the coachmen and the link-men. Married on Thursday lasi, at Rugby, ROBERT MARRIOTT, Esq. eldest son of the Rev. Dr. MAR RIOTT, of Cotesbatch, in the County of Leicester, to Miss JUDITH HARRI S , second daughter of the late ThomAs HARRis, Esq. of Rugby. LAW REPORTS. COURT OF BENCH, fuLy io SITTINGS BEFORE LORci ELLENROROUGH AND A SPECIAL JURY IN WESTMINSTER HALL. THE KING 4./. NEAL AND OTHERS. ..... . . THIS was a cau,e . whi c h wii to have been tried by a Special jury; but..as• there was . a- Comthon jury Pannel brought, in, and as nobody appeared for the Prosecution,' a cornmln , Jury Was sworn, and the Defendants were pronounced-- . Nat Ovill.y. ( KEAR V. LOGAN. Mr. ERSKINE stated, that the Plaintiff, Mr. Peter Kear, was a person who made Machinery for threshing Corn, and, vparating the. Straw from it when threshed, and he was employed by the be, fendant, Mr. Robert Logan, to make a rack, and to dO some other alterations in the ;Machine, which he had .some years .agO bought f r that. purpose. The person employed to do this work was one of tlie name of M‘Donald, who would give. an account of the matter, and who was a particular .friend of the Defendant, who superintended most of the busi: ness between the parties, and who introduced' them to each other, and he was also the Foreman of the Plaintiff. The charge which the Plaintiff made upon the Defendant, was 661...95. The Dtlendant hadnpaid into-Court the sum 0f351. .Now Ir. should be able to,satisfy the Jury, that the materials 'made use of by the Plaintiff in this work, amounted to zss. 7d. and that it would appear, that the wages Servants employed, and other expellees . , amounted to 4.01. r4.s. 9:1. making together 521. and upwards : So that if the Defendant were to sue ' seed by obtaining a verdict upon the . payment of 351. into Court, the Plaintiff, instead of having living profit upon his ,business, which every man was entitled to exped for, -of course, trade would be at an end), would be upwards of 131. actually out of pocket .in this ease. He -trusted the Jury would think that the Plaintiff had not asked for more . . than a living profit, and that they would give him a verdid for the balance. There was no pretence of any defed in the Machinery, no complaint of its . not doing properly its work. The whole question would be, whether the plaintiff's bill was reasonable Or extravag:Mt ? , He understood, however, 'that the Defendant_ had got some people to look at this Machinery, and some of them might, perhaps, say they thought other Machinery, for the like purpose, had been done cheaper, but this, was nothing to the Plaintiff; particularly as no notice had been, given to ,the Plaintiff in order that he might have an op portunity of either being present himself, or of sending some person on his -behalf, to explain the nature of the work he did, and so on ; besides, there might'be a difference in the price of work,. as well • as the materials, according to 'the part of the Colin try where the work was -performed. He should call. his witnesses to prove this case, and then it would be for the Jury to say what the Plaintiff deserved to have. John MgDonald said; he was the Foreman of the. Plaintiff . ; he was intimate with the Defendant, and_ did this work' by the order of the Defendant. Th at 521. was the bill for materials, , wages of the men, &c.• for doing the work,in question upon this Ma chinery. That'there were dour men employed ujon the work-: that there were no more materials thaß. were necessary for the'. work,• which was done in the very best manner : the Witness ondersrood this business well ; he hating worked for the originid ventor of the Machinery. . Some other Witneises stated 'the charge in this case to be reasonable. ; h ut t h er e being a dispute as ‘ to the testimony 'of some of them, . Lord - ELLuxaOitotrort observed, that cases of this kind were daily occurring, and therefore it, was well to have it understood what the rule was to be that, guided the discussion of them, lie took it to be this=Where work and labour was iper. formed, and materials . foUnd and provided, it was fair to take 'it for grainy', that bOth the labour was adequate and the materials fit for the purpose they were intended for, on ordinary evidence, and that it should then be taken that the party Claim. ing compensation, had aged loya. fide,; until- it should appear on the other side that - there was some defect in either, and that it rested with the party resisting the demand, to -sheW that either the , work Was not done, the 'materi a l s .not - f oun d as charged,. or that the price was not reasonable, but that where there is no specific sum agreed upon, for given quantity of work or materials, it shall then be estimated at the price which is fair and reasonable, . accntding to the opinions , of. thOse who are in the same way of busiries. On the part of the Defendant Mr. GAR ROW ct n. tended, that the price charged by the Plaintiff in_ this case was unreasonable ; that .the Dele»dant had, paid 351. into Court, and lud, bef)re that • time, oared that sum, which' was 71. more than was computed to be the full "Value of it by those who understood the matter perfetTy well, and had further offered, that if the Plaintiffliked it better, to refer the dispute - to arbitration in the usw'l man.. net, the Plaintiff to nominate one person and the Defendant another, and if they differed in opinion, that they should chuse a third person, but which the Plaintiff refused. He then called several Witnesses to prove that, in .their opinion (and some 'of them had the spine business as this done for them, within a mile and an half of the place where this was done) the whole was not worth above 2bl. ; so that, accord:rig to them, the Plaintiff was 71. overpaid, by the sum of 3;l. being paid into Court. Lord ECLF:NBOROUGH observed to the Jury that this case, although not considerable in point of sum, was rather material in point of principle, for the question which it involved was this—When a Tradesman was employed to do any particular work, without specifying the price of th at wor k, or without settling b e f ore h an d, rvlat was to he the compensation for that work ; what was to he . _ the rule by which the charges for such work should be Measured ? and upon this his Lordship he h. d no iculty in asserting, that the rule which ought to be laid down in such a case, was this, " That in the absence of a specific agreement, .the measure of allowance should be, that which was us:rdly charged by those who were in the habit of perform;rig the same sort of work, and that must Le made out by ST. JOHN'S (ANTIGUA), APRIL 22, 1802. We are happy to announce, from very late intel. ligence of good authority from Barbuda, that His Excellency Lord LAV I NGTON had already derived great benefit from his Late retirement thither, and that from the salubrity of the air, and the regular exercise his Lordship is now enabled to praCtise daily on that Island, every hope may be indulged of a perfeet and speedy restoration of his health. We are eager to communicate this intelligence to our Readers, being fully persuaded that they, with the Public at large, will feel great joy in this, and every other circumstance of welfare that can at tend our Chief Governor, whose very upright and mild administration endears him to all ranks of peo ple within this Community. ST. JOHN'S (ANTIGUA), APRIL 29, 1802. In our last Publication we had the pleasure of an. flouncing to our Readers, the benefit which His Ex cellency Lord LAY INGTON had received from the salubrious air of Barbuda: it is with increased sa tisfaaion we are now enAbled to state, that His Excellency still continues to mend, and have to ex .pre,s our hope that this alteration for the better may equal the anxiety of the Public for the restoratign of His Excellency's health.