The Sun. — London, England, 1802-11-16 00:00:00

Ida . ' s' a NAVAL NEWS. should tics. _Chan' PORTSMU&TH, Nov. r 6. he Mi. ed, ac• dor. of the o f the :5, th under es, o f the e lot to the DI the ;RA" annual ps 10 10° • nig• tf upon /s/V 0 0)40 !cj,2urf )1 fOfig ble tp riletif )O( tea nigh! ientlgi ccessf will/ it del r ip ail% said, , i 4dl ana Pi e ce a: § iccel Ea"' i n hill vi ; 4 ,Toiff the. a, is Sing ;flt, :r WI haf ' out? in g lb' t he ,biog 70 1 a r ,un- Vet''' Tats day His Majestv's ship L' Herc u l e bent he r s ails, in order to get ready for sea. She is the br'lY Guard -ship at present in the Harbour. The Suallovi Revenue . Cutter, Captain Amos, has brought to the King's Warehouse at this Port, 1 0 0 kegs of spirits, seized by Mr. THRUM, Mate 01 said Cutter. the . Peggy, FR ANKL A.ND, for London ; and 4 ;4' U3S ER • , f or Nortray. The Antelope., of go guns, which was launched an Wednesday at Sheerness, is ordered to be fitted for the broad pendant of the Hon. Capt. Cocit- It AtIE, who is going out to command in the East The N ort b ern Fr i ends, Capt. MONTGOMERY, which arrived at Greenock, on the 7th instant, in 37 .days, from Miramichi, (Nova Scotia) made the i shild of Tory in 20 days—did not speak nor see 2n Y vessels on the passage—left loading at Mira. the 7ohn, PE AR Y, for Liverpool. LiCaPt. 63wA.Ln, of the Ship Mary, arrived at verpool from Quebec, spoke on the 4th ult. the s7essie, BAt, L, from Greenock for Quebe c in tne riyer St. Lawrence, all well; and on the 6th 12,irr• ee s poke the Brig Countess of Darlington, f rom nock for Quebec, off Cape Chat, all well. THE ARTS. THt Monume nt d e di cate d to t h e M emory o f ~-aptain RICHAR D R UNDLE B URGES, w h o so no bly lost his life in the Service of his Country, was Yesterday opened to public inspetlion in the Cathe dral of St. Paul. This monument is honourable to the Govern. ment "Y whom it was ordered, as well as to the 7", a nr Officer, whose heroism it is intended to re- By such a N a tional Tribute to t h e Defen i-ltias°f our Country, the zeal of patriotism is incited rewarded. F . ' e Igure of Captain BURGES, covered in part , Wi t h r& h p „ R om an vestment, but seen in all its manly d, lons, is admirably formed, and placed in a draaeristic attitude. He is receiving a Sword t()ilt\i'ltroßy, who is supposed to be just alighting p i" reward a favourite Hero. This figure is light, —e gant, and interesting. Around the Sarcophagus, t here , are the symbols of CAPTIVITY and DEFEAT, e form er bending in submission, and the latter re d with shame. The Allegory is well-conceived, Irl d clearly expressed. The figures are grouped trophies and decor, tions are appropriate, and finish ed in a very beautiful style. Mr. BANKS was the Artist sele&ed by Govern- Inent On this occasion, and.the choice is fully justi_ fie by the merits of tl)e Cot position. The following r_ °nutrie nt , is the' Inscription placed on ibis which is entitled to a high rank amon g he most distinguished ornaments of the British, Capital : Of SaCret to the Memory RICHARD RUNDLE BARGES, Esquire, Commander of His Majesty's Ship the Ardent, Who tell in the .43d year of his Age, While bravely suppo:ting the Honour of the In a Brit isn Flag, daring and successful attempt to break the Enemy's Line Near Camperdowne, , iS S ill On the Eleventh of October, 1797. coolness, and intrepidity, eminently contributed to a Victory, E qually advantageous and glorious to his Country, That grateful Country, By the unanimous Ad of her Legislature, Enrolls his Name High in the List of those Heroes, 1./ Who", under the Blessing of Providence, aVe e stablished and maintained her Naval Superiority, And her exalted Rank among Nations. 4,N, Sunday night last, about twelve o'clock,- a, VunK o en wman of the town was taken up by a aick nari.in the Strand, who declared to th e peo disn-no came a b out t h em , t h at " s h e was a d run k en, th e lkri.Y, noisy hussi, and unless he took her to all • I ttLijouse, he should not have a nap of sleep' l'e .srerday a Boxi ng Match took place b etween Vi r i ric k O'D onne ll, an I r i s h man -( w h o beat Particl e . clo-,s°l in September last) and one Sm;th, a Bo ot _ • wood'"t Th e part i es procee d e d a b out noon to Worm rhei Scrub s ( t h e same spot where O'D onnell won abort at b attle), situated on the Paddington Canal, wh ere a mile on t h e ot h er s id e Sh ep h er d' s B ush, hold -re being atte n d e d by t h e i r S econ d s an d Bottle for:rs, the combatants took their ground. After. an c l t ght rounds o f h ar d fi g h t i ng , d ur i ng one h our , /-1 / 4 1 - 21 0 3ver itY minutes, victory declared in favour of nneit . b i • The battle was for twenty guineas.' irlib -e " on Saturday the z 3th inst. in the evening, 11 1 j 4 4 st year of her age, Mrs. SAUMAREZ, wife s•‘'sp brother SAUMAREZ, of Newington Butts, r l l;;;. h u rother of Admiral Si JAMES SAUMAREZ, th e y, t et of the late Governor LE MESURIER, Of 41a n „ S I 4 nd of Alderney : a woman whose amiable whi l u t ts and cultivated understanding procured her, her li ving, the resped, affection, and regard o f f eft riends, and whose distinguished piety and per : fordre,signation during a long and painful illness, at_ ht lt b t ne only remaining consolation to an affikted lati o a '" , and will shine as an example for the emu on of and surviving children. S aturd a —, y at his house in Bedford-square, , the de liv er QiJAMRS LANGHANI, Esq. M. P. was safely K i er ed of a Son. t.e zitt n alton Fair commenced on Saturday, and ,0 a r nvan alsoy r 3 bew of cattle has not been exhibited t e ars. Horned cattle sold at low prices, and Year ,t ; horses, cons id er i ng t h e season o f t he elle] t•ued good p r i ces . ford, r al tsford Fair, in Essex, on Saturday lasi, af -11414;411f aleant; supply of stock : the few lots of Whi c h Were eagerly bought up; but the Sheep !. f reely , we r mostly of inferior kinds, did not sel l A d the Horse Fair-was the thinnest ever know n• of the University of Cambridge , 4 il a d e ' ll fr o "nok for a wager of thirty gilineas I t ; mile, In thence to Newmarket, a distance o f with ,a foot, in t w wo hours, hich he perform ed s 4 in an hour and 4 . 0 minutes, LA;P' REPORT. •: • COURT OF KING's BENCH, Nov. r;. THI Grand juries .for the County of Middlesex were sworn in, and Mr. Justice Gidst delivered to them a very solemn arid able "charge, in the course of which, he observed upon the vices which were most prevalent at the present time, particularly in and about the Metropolis ; and in_ stanced, among others, the profanation of the Lord's Day, which it imported .us all, and which we were enjoined, to keep : holy. He observed also, that the evils of Peace would be almost as great as those of War, unless the Laws made for the observ ance of morality and religion, were enforced. He took notice of the practice' of boxing, and said that this species of exhibition in public, was high ly injurious to public morals ; r or , b y it, multitudes were called away from the exercise of that honest industry and labour,,by which they gained a liveli hood for themselves and their families, and were im poverished, and perhaps led to the commission of crimes. These things were /disgraceful to the civi lization and humanity of this Country, inasmuch as some of those who took an active part in them, thought there was no harm done, if they could by superior dexterity and skill, put one of their fellow creatures to death. There was another species of public exhibition, which claimed the attention of the Jury, and that was Balloons, which, for some months past, had been extremely prevalent. What useful purpose these exhibitions could answer, he was pertedly at a loss to know; the general effed of them was highly in jurious to the honest and industrious tradesman, by taking away his attention, as well as that of his customer,. from their lawful pursuits, and by pro moting idleness and dissipation, destroying- the fruits of one day's labour entirely, and frequently encroaching upon the next, which was a great hin drance to the labour of thousands of almost all classes, and particularly those who had no means of subsistence but labour. These observations the Learned Judge applied to Balloons in general ; with respea to Fire Balloons, objelions were more spe cific, for it was impossible to know where they might fall, so that the consternation and loss they might cause was incalculable. The Learned Judge said, he did not make these observations from any idea that any cases of this kind would come before them as Jurymen - , but from an idea , that some of them were Magistrate's ; and he reminded them how much it was in their power to discourage all such dangerous exhibitions- as these, as well as of the interest of the Community in checking them. He observed, however, that amidst the dissipations of this great Metropolis, he was happy to say there was great virtue and great vigilance in different Classes of Society, particularly in that Class which he had now the honour to address, who must be well persuaded, that whatever was contrary to Re.. ligion and Morality, was injurious to a State.— The Learned Judge concluded with expressing his persuasion that the Gentlemen he had now the ho nour of addressing would discharge their duty in a manner that would do credit to themselves, and b'enellt to the Public. The Court then proceeded to take Bail, when one hundred and two justifications took place ; and then the cases of insolvent Debtors were disposed of, which business was not over until half past one o'clock. The other business of the Court was uninterest ing, in detail. COURT OF COMMON PLEAS.. WHITE agar/Ist _POTTS. This is a question materially conneEted with the commercial interests of this Country, no less than, Whether it shall be permitted to the Americans to import goods from an . Enemy's Colony ?" which, in the words of Lord ALVA‘NLEY," is a very s er i_ ous question to this Country :" for which reason we give an account of it more at length than we should do in an ordinary case. Mr. Serjeant BEST, on the part of the Defendant, moved for a Rule to shew cause why the verdict in this case should not be set aside, and, a new trio granted. The Cause was tried at Guildhall, before Lord ALVANLEY at the Sittings after the last Term ; when the Jury found a . verdiet for the Plaintiff for 961. 9s, Bd. per cent, the. action being on a policy Of insurance on ship, goods, and freight, and money advanced, ;to be declared and valued, 'and no irre gularity of papers to prejudice the insurance. There was a farther declaration, - from which it appeared ? that this insurance Was upon freight valued at 251. per ton upon one-eighth of the Ship (Orion), valued at i zool. upon adVances and disbursements for the Ship, and upon W. P. White's interest in the cargo, as might appear. Sugars valued- at 709. per cwt. coffee -at r4.os. per cwt. prealium included. The insurance was at—and from the loading Port in the East Indies to Flaltiburgh or America. The Learned Serjeant observed, that on the part of the Defendant it was in evidence at the trial, and he submitted to the Court there was abundant evidence to prove this property, which on the face of the policy was stated to be the property of:Mr. White, was, in point of fatt,- the property of the Dutch East India Company ; and that, therefore, was one ground on which, he submitted, there ought to be a new trial. The Plaintiff ought not to have recovered, inasmuch as this was, most clearly, the property of Alien Enemies, masked under the name or an American subject, Mr. White. This ship took in her loading at Batavia, a Dutch Settlement in the East Indies, and it would be very material to attend to how the policy was effeded. Mr. White was stated to be the owner of one-eighth of the ship. It appeared also in evidence, that the other seven_eighths• were char tered to him at 3001. per moth :7.Mr. White therefore said, as the whole of the ship was his, he being the owner of one eighth, and the other seven -eighths being chartered to him, he was en titled to recover freight for that ship, and to in. sure for that freight. He would, unquestionably, he entitled to do that. But their Lordships would find, that the idea of bringing forward the ,whole as freight was an after-thought, when he could not make out his original intention, that he was the owner of the cargo. If he were the owner of the whole carg% and - s u c h an owner of the Orion; I there could not well ..be any-insurance bt freight. He could. not pay.freight to himself. There was evi dence in this cause , from which,. the Le arne d S er - Jeant said, he thought it was impossile for any man to doubt it was originally intended that this shoUld be exhibited as an insurance on the cargo, and Mr. White was to be represented to the Court as the actual owner. But from the evidence it was impOssible not to see he was not the real owner, but • that the property of these goods was in the Dutch East India Company. The evidence was, that she was to sail for Europe, and was to be loaded at Batavia. Now, by whom was she to be loaded ? It was represented now by somebody else, and Mr. White was to have freight. It was enough to entitle the Party to a new trial, that it never was proved to whom these g 4 Oods belonged, and from whom was Mr. White to receive freight ? But there was a letter from the Dutch Government in Holland to their Agents in Batavia, which, in his apprehension, fully disclosed the nature of this transaction. The Learned Serjeant read that letter, and argued from it, that the whole was a cover to enable the Dutch to bring home to Europe the pro duce of their possessions in India. He next called the attention of the Con . rt to a passage in the French Sentence of Condemnation, which also cast much light on the nature of this transaction. This ship was condemned in the Isle of France. From that Sentence it appeared, that this Gentleman, Mr. White, who came forward now in a British Court of Justice, and said he was entitled to recover freight on this American ship, previously asserted in the Isle of France, that she was the property of the Dutch East India Com pany.—And on what authority ? On the authority of a letter from the Governor of Batavia to the Governor of the Isle of France. The date of that letter was in October re 9S. The Learned See jeant:said, that the use he meant to make of that letter, and also of the other which he had stated to the Court, was, to shew there was sufficient evi., dence from which the Jury ought to have found this to be the property of the Dutch East India Com pany. It was impossible for any man alive to give credit to the first letter. It was imposnible that any man should be so blind as not to see that letter was written purely with a view to mask - this pro perty,• to enable the Compact) to bring the produce of their India posscsions to Europe-. Considering the immense superiority of the British - Navy, that was the only way in which it could be brought, namely, under. the idea of its being sold to an American subject. This man was to go to India, and was just to beconside re d as a nativ e of Holland, and was to pay the same dues as if he had belonged to the Dutch East India Company.—Another thing was certainly clear : At this time it was pretended at least, that the cargo was the pro perty of Mr. White ; and if the cargo was his property, why was not the Insurance on the cargo ? Why, because if the Insurance had been on the cargo, he must have proved his property in that cargo, which he could not do, and therefore he put the Insurance on the freight, without proving that which was absolutely necessary to be proved, that there was property in this vessel belonging to somebody,out of which this freight could have arisen. He submitted there was no evidence to enable thelury to come to the Verdict they had given—they ought to have proved a quantity of property on board, out of which, freight to the amount of 96;. 9s. Sd. per cent. could have accrued. Now there was, certainly, no evidence from which the jury could come. to any such conclusion. There was first, the evidence of John Irvin, a Black, who said he knew White, and that he purchased a cargo for the Orion to a considerable amount. According - to the evidence of this Witness therefore, he purchased the cargo on his own account, and therefore he could not charge freight, to himself. There was the evidence of another person, that • some sugar and coffee were loaded at; Batavia, and that some nankeens were also put on board. If this evidence had not been so contradictory as it Was, it would not have been sufficient to warrant the Jury in their Verdict. The freight was va lued at zSI. per ton. The Plaintiff ought to have proved that there were - so'many tons on board, out of which this freight could arise. It was a very unusual thing for a man to insure his own freight. Mr. Justice CHAMBRE. "He is protecting himself against a loss." Mr. Justice HRATH. " He was not fully co vered otherwise." Mr. Serjeant BEST said, he did 'not mean to 'contend that there were no cases where this might be: done—but in a case of this sort, that was ex.. .tremely suspicious, he had a righ t to j avail himself of every circumstance.—This, lie contended, was a mere . juggle from beginning to , end, and White gied in .no other charatier but to mask this pro perty of the Dutch East India Company. Mr.' Justice HEATH. " It strikes me this was a loilding by a neutral subjeft from the Port of Batavia, which would not have been suffered by the . Dutch Government in time of peace—we were then at war with' them; and your Lordship, from your knowledge of subjeds of this sort, is better qualified than I am, to say how far such a trading is legal." Lord ALVANLEY. " The only question at the trial was, Whether this was really and bona fide the prdperty of this man, or only colourably so, and was in fart the property .of the Dutch East India Company ?—:-The Americans have traded with the Colonies of the Enemy during this war, that is, directly from the Colonies of the Enemy to their own Country. " The first Proclamation prohibited all intercourse with the French West India Islands. Neutrals could not carry on, with a Belligerent Power, a trade, they had not been in , Alt&habit of carrying on in time of peace. The first Proclamation was to take all the ships that were found coming from the French West India Islands, whether French:or Neu trals trading merely for the accommodation of tht. French, and opening a door, which had been shut until the war. • They were to take every ship bound from any of the Enemy's Colonies to any Port in Europe, but they weze to permit the trade from the Enemy's Colonies to the Mother Country. That was the Law as administered at the Cock-pit. They have never condemned .the Arti — ericans for bringing the prod uce of the Fieneh American Colonies home to their own Country, but they have not been suffered to bring it to Europe. " Then there came another Proclamation in con., sequence of the disturbed state of the Commerce of the World ; which was meant to relax the first Proclamation ; and authorised Neutral Ships T . o bring that produce to E u r o p e i n t h e Shi ps o f the country 'to which the Owner belonged. They might then bring to Europe the produce of the- French and Dutch West India Islands. This ship was from Batavia, and the moment the War broke out, the Dutch were desirous to get Neutral Ships to bring back the produce of their India Posses sions sometimes, and sometimes they sold it, and , the Question here is, Whether this was a real of colourable sale ?" Mr. Serjeant thiST- 4 ‘ May I ask your Lordship if you recoiled the date of the last Proclamation ?" Lord ALYANLEY—" It is about three or four years ago. First of all the Americans might bring the produce of the French West India Ishnds to the Ports of their own country, and the last Pro.: clamation relaxed this so far that they might bring it to Europe. But still they, or other Neutrals could not bring it to a Belligerent Courrry, but zt must be carried to the country of the Owner." Mr. Serjeant Bast observed that this Policy was effeded in 1797, and therefore he rather thought it was before the last Proclamation. The Policy was, ,that he might either bring it to Europe or carry it to America. He was in fad coming to Europe. The Learned Serjeant contended further; that this was an illegal voyage, and not permitted by the Law of this Land. Mr. Serjeant • SHEPHERD (*served, that this ground was certainly not taken at the trial. Lord ALVANLEY—" It is very supicimis. Where did White live ?" Mr. Serjeint BEST^" He lived in America, and went over to Holland." Mr. Justice CHAMBRE "Ishe in England. now ?" "_No, my Lord, I believe not." Mr. Serjeant SHEPHERD—" I do not exaMy know whether my Learned Brother makes this Motion on the ground that the Verdia was con.. Crary to evidence, or cm this new ground ?" Mr. Justice,HEATll---" Upon every ground." • Lord At.vAxLEY—" He moves it'ou the ..;round that the Verdi t wascontriry to ev id ener , :nd ;the, on the new ground, Whether it was r).-- - initted to the Americans to import goods from Colony, which is a very serious question to this Country."—Rule granted. PUBLIC-OFFICE, POIF-STREET. YESTERDAY William Merr%s, alias the Doe:For t and James L, , tve, two well known sharpers, were brought before Sir RICHARD FORD, charged with attempting to defraud John Roberts, who stated that he is a drover from Wales, and yester,, day aboutve o'clock, as he was passing along the Strand, tFe prisoner Morris came up to him, and asked him what part of the country he came from ? To which he replied, from Glamorganshire ; when Morris said he knew a Gentleman who lately came from the-West Indies, who warned to board and lodge in Wales, land asked the Proiecutor he could recommend him to a house. After some recolleC'tion, he said he could, and they agreed to got into a public-house to write-the dire Lion ; they ac... cordingly went to the Fountain public_house, ill Wych-street. A Gentleman who knows the villainSt by sight, happening to pass through Wych-sireet, at the time the prisoner Morris was going into the public_house with the Prosecutor, who, appearing to be a countryman, he had no doubt Morris was go.i. ing to defraUd him. He immediately went to the Public,Office, Bow -street, when Rivett, Anthony, and Jones, were dispatched immediately, to pre» vent any depredation being committed ; and on their arrival in Wych_srreet, they found M orr i e and the Prosecutor coming out of the Fountain public-house, when they took Morris into custody. Observing the Prisoner Lowe habired like a farmer, and knowing him to be a companion or pa/of Mor. ris's, they likewise secured him. The Officers produced two pocketbooks, which they found upon the Prisoners ; they contained seA veral Notes for tool. and in the whole foe- upward• of 10301. and a Lottery Ticket. On examining the Notes, they proved to be only pretended ones, in► imitation of Bank Notes, carried for the pt►rpose of making ajiash, on opening their pocket books, when they get hold of a _fiat. There was only a Bank Note of 51. among them all. Sir RICHARD FORD said, he would commit them till the Sessions, for want of sureties, as nc offence had bren committed against the Prosecutor, but be would take care they should not be liberated tilt they should produce good bail, of which ht: would have notice. Morris is between sixty and s eventy years of age.—Sir RICHARD FORD cautioned the Prosecutor to take care of his property, as there were two more belonging to the same gang. In the afternoon of Sunday the 3 Est ult. the reort. gregation at the parish church of Blackburn, were considerably alarmed by a noise in the gallery, which they apprehended was falling, and the greater part flew towards the door. The Ladies shrieked ; bonnets, cloaks, aprons, shoes, &c. were lost ire the confusion. Fortunately no lives were lost nor limbs broken, A considerable time elapsed before it was discovered' that the alarm was occasioned by a woman in the gallery falling into a fit, and in her fall raising the end of the kneeling bench, it came down with so great a noise as to spread a general panic throughout the church. On Friday se'nnight, the son of Mr. SANDE RS, far mer, of Much Dewchurch, Herefordshire, with a man -servant, went to Monmouth with a load of cyder, and after discharging the waggon, proceed ed to the Forest of Dean for Coal ; but on their return home on Saturday morning, just as they came opposite to the Broom Farm, about three miles from Monmouth, the waggon was overturned, and young Mr. SANDERS, who was asleep on the top„ was thrown therefrom into a ditch, and the coals, failing upon him, crushed him instantly to death.