The Sun. — London, England, 1807-11-03 00:00:00

OBBERY AND 31:URDER. „ . ON SundaY Morning last; ahOnt t welve. ,o'Ouck, a must daring robbery was ,committed at the fOot of Coain Hill, atiout slit miles lrom Chichester; .oti the London Road,. by a young man, on a Mr; RHODKS, an Attoihey; of Chichester. The, robber presen4ed a pistol to Mr. Riiones's breast, and de- , -- - 4 -4Tded 116 . moutly tind watch ; which he complied *ire Mr. RHODES, on his arrival in Chichester; immediately made it known 'to the Magistrates, -;ohen three Gentlemen volunteered their services to go in search of the villain; they accordingly pra t:ceded, well inounted and arnled,.and,after about two hours ride, discovered him: immediately he saw them he decamped ) bet seeing they pursued him, and• that they gainedd-ground on him, he turned *bout and,ishot Mr. SgROEANT (a Gentleman of great respethihiiity, of Chichester,) through the bead; *hen he dropped off his horse dead on the spot. The robber then pulled off his round fiock, shoes, and hat, and retreated into a coppice just by, while the others were endeavouring to assist their friend, but who, alas ! was quite dead. No traces of this atrocious murderer have yet been discovered, but. the Magistrate of Chichester is in possession of his hat and shoes, which we sincerely hope rnly be the means of his discovery. 'He is of ratfier small stature, slim made, and about 20 years of age, was dressed in a dirty round frock, torn at the bottom, and had on a shabby hat. It is much to be feared that there is. a gang of these villains about the coast of Sussex, as this is not the man so notorious in that, part, who is generally armed with a gun,. and attended by a dog. BOTANY BAY.-We have received severer Num._ hers of the Sydney Gazette, but they dobot contain ,arty very important intelligence. If we may judge fr 6 m the.number of sales by public auCtion, and the number of European and . , Arnerican 'ghips 'which trade there, we must pronounce the Colony 'to be in a very prosperous state. Few offences are com mitted marked . with particular traits of ferocity— they area' chiefly petty, which the Bench of Magi strates are empowered to punish. The article of tea Ouares more than any other commodity, varying, to the course of a . month, from 75. per lb. to 21. 75. The progress of agriculture at King's Town may be itaicl rat keep face with the most flattering expeeta thut that could heforrried. The produce of the last 114 " 0 111 remains untouched. Potatoes and vegetables are ld general cultivation, and he must indeed be idle who domplairita of want. As some people'were lately at work in North Harbour, they were sud denly surprised by screams, vociferated by a native, Whoni they observed paddling to the shore with every tx6r t id4 ; T.bg author of his terrors' ivas a Shari.; which epee struck the wretched vehicle that scarcely ,iaspdtate7 him trorn his apparently devoted prey. The poor allow had been successful in col leCtirig a Rile pile of fish, and these he one by °be kdrainlateked to the &tpetite of his pursuer, by which happy aftifice hti reached the shore at the instant Ids Stock was expended. He appeared sensible of his obligation to Providence, that had preserved him— and declared, that ted yards inure must have sacri ficed lihn. Upwards Of 10,000 of the troops just returned .from the Baltic have beeri landed at Yarmouth, and are gone to Woodbridge Barracks. Though the Most Unfavourable accounts have re cently been given respeaing the state of his MA 3IRSTV's ayes, we have reason to believe that they re- Main in the Very same state as they have been in li 3 r some MoOths; We still, however, think that a isgular attested report should be given, to put an end to all the contraditory stories that What so nearly concerns a beloved Monarch as the blessing of Sight, must be a matter of partiettlar in terest to his, subjeas, and ought not to be .ofteti tendered a - topic for vague iind unfounded rumour. Yestercl4, wording to annual' custom, the Loam 11(tiorott Elect, the Sheriffs, several Alderrnen, the Recorder, Bcc. proceeded from Guildhall toJhe h, ouse of the LORD CHANCELLOR, who intimated 1 6 MAJESTY'S approbation of the choice made by the City, of Loan MAYOR for the year ensuing; after which they returned in Procession to 'the Old London Tavern to dinner. General WHITELOCKE, it is said, *ill net, be this coitnerj , before Christmai 'hiving determined, along with General Gewin, to duke some definitive arrangements with the Spanish Government in South America, regarding the 71st regiment, who are - improperly detained in the interior of the coun try. Major VANDELEUR commands the division of the ssth, and Major TRAvERS that of the ,rifle corps whiot hai arrived. . The Tragedy of Carib/gnus was perfortried again 'mkt night, and Kianns and Mrs. Sinnoris support ed this Drama.with their usual skill, Miss AnAsta the popular Dancer and gra ce ful Pantomimic . P4fOrtudr of the Dublin The.itre, engaged by Mr. ROBIN and is to,make her debut in the superb Melo-Drama Spealacle preparing at Covent-garden Theatre. It has been observed in defence of, the very ini-, proper praalce of htkodueing Actresses in male characters, that Miss cATLEY, Mrs. CARGILL, and KEN,NaDy, formerly represented 4Vacheath: But no example can justify what is in itself wrong, and it' the public, at the periods alluded to, bad. mani fested a proper sense of delicacy and: indignatiOn. this very disgusting prattice would not now - be pec rnitted to trespass upon decorum. There is now at a Coachtnalter's, in Long-acre, two beautiful carriages, of ;fanciful form, with,ten harness, -for CHAISTOPIIO I the sable Chief of Hayti. The Arnutare a Sun rising from the. Sea, surrounded by Bees,. emblematical of a new nation rising by..in chtst—sy. The crest is a Black, holding the cap of li berty. Last Friday se'nnight a . most malicious and .bar barous 261 of cruelty was coromi.kteti.by some person cutting the principal sinew,., just above t 140., `hook of the hind leg , of a valuable horse„_ and two sine cows, (one of whom bad calvea..ol4 a' few • days, and t! , e other e , xpeCted to drop her calf,-) belonging to M r . Davey, miller, at Little Elston, Essex, who Iv_ as obliged to kill the animals. A idle young man, the son of a - neighbouring farmer, who had threaten cd to be revenged of Mr. Davey, for having exposed , ome of his impr o p er conduat, has been apprehend e_-.1 _arid such cir cumstances transpired as induced upMagistratto commit him to' Chelmstord_aol, 4 . e tuspicieu of the outrage CoMmittvd' • zit 'p PEP() COURT Of BENCH, GUILDHALL; IkIOrDAY, Nov. • the.t;ourt met this day by appointment, to try, some causes, which, irpm the pressure of time before the long vacation, Were iiut bear 4 in the ordinary course. HIGGINS V.,AGUILAR This was an adtion on a Policy' or Insttrante tin 150 casks of sugar; valued , at 2,t001. shipped oit board the' Bacclias, Captain Kelly: The premium was eight guineas,• to retdrii' '4l. if the Vessel sailed With convoy; at and from Demerara to London, in cluding the risk of boats in the liemerara river.. • The ATTORNEY-GENERAL said, that after his long praCtice in his prolession,:he could ' form no conjecture as to the grOund of the defence to this thion. The faCts of this case were these :—The Vessel touched ground on - the bar %Viler!, leaving Demerarki ; notwithstandinvhii, she proceeded to Grimada and Tdttola, and there meeting with d convoy, she set . sail on. her voyage. to England. When she had made some progress, it was discover ed that she had received considerable damage by grounding On the bar, and; in consequence of her helpless state, the Cofumodore, with his crew, gave every possible assistance, but it' was found impossi ble to save her. In this :situation, the passengers' and mariners were; transferred . to 'other ships, and the 'Bacchus was.destroyed on the Ocean. it would . be necessary to explain alio the interest of the parties concerned. The , 00di belonged Co Mr. Tully Higgins and . Mr. Matthew Higgini : these of the former were. drawn from' the plantation called the Affiance those of the latter, from that deniaminated the Blenheim. From the one, 80 hogsheads, and from the other 70 hogsheads, were to be shipped, 'and the insurance on both, according to orders, was effeeted by Mr.' Pilcher. It would, perhaps, be said, that the terms of the policy were not known to the Defendant, and someothers . upun the risk, inasmuch AS they were not' informed that they were not only upon the Ship itself, but upon the craft. for the con veyance of the goods from the shore to the Ship. The insurance was at first proceeded in, upon what is technically called in Lloyd's Coffee-house, a slip ; and it was true, that the risk on the craft was not inserted on the slip until three or four 'of the 'Un derwriters had subscribed their names.' It was then introduced, an&ten other Underwriters added their names to the slip.. When the policy 'was filled up, the terms were stated in the instrument itSelt, and the policy, with the risk so detailed, the Defendant • biraseg subscribed. The case . did `not rest there : it was found necessary to enlarge the time for the sailing of the Bacchus from the tst to the .4th of August, and the poliCY was carried again to the De fendant for this purpose. Another fact it was expedient to notice : fifteen hogsheads from the Affiance plantation' were put on board one of the 'native --vessels, called a drogger, and these were losL Th'e. drogger was upset, hav ing a Gentleman of great respectability (Mr. Craft), and two Negroes on board. They all (thing to the wreck for two days ; but Craft was so much ex hausted, that Within two hours after he reached the shore, he died. It was further to be pretended, that Mr. Tully Higgins knew.of the loss of these fifteen hogsheads at the time he ordered the insurance. The advice to insure was of the t9th April : the loss took place on the sth ; but no knowledge of it had arrived 'until some days after, when the unhappy fate of Mr. Craft was 'ascertained by Alt - Higgins' Agent, which, in fact, was on the 22d of that month. The ground of.defence; here supposed, imputed the grossest fraud to the . assured. • Lord ELLYttinottoUtut said, that be preaunied' the amount of the premium was paid into Court. Nll7. PARKE replied that it was not ; and that in Cisti,ol'fratid, thn asscirers were ilot bound. to return the premium. _ _ . . Lord ELLENBOR.ouGu obsotived, that it must be a Case of gross ,fraud so 'as to cut down the contra 6, and not where the policy is rendered a nullity by the operation of law, • Mr. Pilcher proved the' policy, and, the circum stances respetling tile slip stated in the openitit. Mr. PARKE, in his CyOss-eXatninatioll, endeavour ed efiethially to spew; that the Defendant subscrib ed the policy, not only ignorantly with regard to the risk Oil the craft, but that there was a fraudulent de sign in the assurer to conceal the fatt,, in order to draw the legal conclusion of being fraudulent as to par it was void as to the whole. , • Lord E4LENBOROiI It remarked, tisk for such a do . febCe it was necessary to chew, that the assurer was a llured into a conviction of security by, fraudulent means, and his Lordship added on the part Of the case, that the slip was not to be act up to COntroul • was next ._called to ascertain the thecpapoltiaciyn.' K elly marks and. the quantity, by whose evidence it was determined that there-were 147, and not 150 hogs heads on board. Mr. Tilford deposed to , the ,t,5 hogsheads in the drogger, and to. the wreck of that vessel. He fur ther gave testimony, that these t 5 hogsheads were not at Demerara 3 . that they were shipped on board the drogger from an 'adjacent settlement, called' Essequibo, under a Lieutenant-Governork,subordi nate to the governor of Demerara. This depen dent establishment was 14 leagues from the situa tign where the Bacchils was at anchor., The. navi .gation,,fr'om thence 'was dangerous, as many sand banks intervened betweed the two settlements. .Mr. PAMIR, for the Defendant, acquitted Mc' Pitcher, who effected the insurance; of any immoral intention ; but said that he thought him very , cen surable for altering the terms on the slip without „notice to , the Deltiodant. He admitted that the ease of fraud it was not ity his power to establish, and therefore the whole policy could not be invali dated ; but, at least, three hogsheads ought, in the first instance, to be excludes:llmin the risk, as it had been proved by • • the , Captain,that they were not on board. The next question applied ,to the fifteen hogsheads, which, he tontehded, were not included in this policy. : _The insurance wagon sugars, at and from Deroerara to London. Where were these sugars? . Not at Demerara, but at Essequibo. It would be of dreadful consequence, if the risk were to be extended, at the discretion of the assurers, to a great distitiice, epona different river, in a remote part of the Continent,- under a separate Governor, and whore there were numerous shoals' in the in tcrtnediake pißiage: A third difficulty arose; whe tler the tern ), applying to boats or cra ft, in the po licy, referred .tilso to• droggers, a ion 'ot ships of coniiderable magnitude, which were employed t - his dangerous navigation. Lord EtA.stoipitouou enquired, why Ttil,ly and Matthew Higgins were joined in the action, they having separate interests ? -The ATTOENSY GENERAL answered, that it was netesiary,to bring the action either in the name of the Broker, or of all the parties concerned. In this case it was brought by the parties. • Lord .ELLENBOIiOUGR said, that, after the dis- CIISSiOn upon various points respecting the slip, the policy, add the question of fraud, the poliey was the only iustrutnent to which the attention of the fury would be required. The Gentlemen he addressed were sufficiently infdrnied . Whether the Settlement at Essequibo was included, or • not, in the terms of this policy. They would likewise be informed, whether, tinder the risk of boats, or craft, the droggers wdie included. With respect to the first, Essequibo was under, the same Go vernment, and it appeared to him to,be included under the general term Demerara', in the . saruv. manner that the expression .England usually com prised the principality Of Wales. With regard to the droggers, it seemed, that it wa, a mode ,of con veyance more see than by the descriPtion of Vesels commonly distinguished as croft - Verdict for the Plaintiffs, for the value of 147 hogsheads of sugar, at the rate of ttint. fir t5O hogsheads. • THOMAS WILLOCK V. JORM BRADDOCK. • . The Plaintiff, in this a&ion, charged the De fendant with not selling certain .goods-, for the Plaintiff's account, in a mercantile . Matiner ; with not insuring property, according to orders, in a ship called the Co/ambit! : there were ten counts be sides, , for money had Bud received. The pleas 'were, the Siatate of Limitations—no promises, set-off; and further, a rejoinder, that the Plaintiff was, and had' been in America since the cause of action accrued ; to which issue Wasioined, that tbe Plaintiff 'was in England. Mr..GAit now said, - that as to not disposing, of .the goods in a mercantile way, and as to the additional. neglect in the Defendant; not to insure'thproperty in the Columlia,, he should not trouble the. Gentle men of the . Jury. He sought to recover 6271. 18s. 6d. with interest from the . 26th•tif Sept. - 1800, which the Defendant himself acknowledged to be due, by .his own account. He further sought the damages resulting from the non-acceptance and non-payment ofa, bill for 6001. on the Defendant, he. having effeas in his hands .4elurigkilg •to the Plaintiff, to that amount. The questions for the consideration of the July were two, fur they had no .thing, to do with the Statute of. Limitations : Ist. If the Defendant could establish any 'Set off against his own account ; ed. It' he could resist the lobs arising frOm The dishonour of the bill for 6001: he haVing, by his own .statement; . the money in his hands .to answer to it? • Several' witnesses were called, and the account Was produCed, dated the 2501 of September; 1800, in which the Defendant acknowleged himself to be debtor to the Plaintiff in the sum of 6271. 18s. (id. The ATTdRNEY- GENERAL' for the Defendant, acknowledged. that his client, had stated that he was indebted to that extent. He said, that Mr. Braddock was formerly in partnershipi with a Mr. Cox, who, during that connexion, veitt to America. He was there in 1800, and conduCted himsejf in a mantier so dissolute and extravagant, that it became. neceuary to dissolve the partnership in that year, which Was (long by notiee in the Gazette; and in all the AMerican Pa pers. Before this event, Braddock and Cox had transacted businisty with the Plaintiff, and the ac-. count stated was sent on the . 25th of November, 1800. But all these accounts involVed the condi tion of errors excepted, and two bills were excluded by mistake from -it to the amount of 1100 l: The .one was dated the 29th October, 1799, for 3001.; the other on the , 18th of November following, for 8001. and both. were drawn by Cox, at bo days, on Braddock and Cox, in favour of Willock. After the evidence had been gone into on the na ture of the accounts between the parties, ,Lord ERLENBOROUGH said, that it was qdite clear, that the bottom of these transactions was not dis closed. It was' extremely improbable, that a mer chant should send out an account of ,this kind, making two such material omissions; and it might be, that these bills ware satisfied in some other con cerns between the parties. In the aequel it was agreed, that a verdi& for 8001. should be taken ; that 6281. should be ad vanced by the Defendant, and laid gut at interest ; and that the whole should be.refetrecl to the, arbitra tion of Mr. Waddington ; the books and all pa- Pers to be p roduced to the arbitrator. .108 W SMITH V. JAMES MAIM The Plaintiff and Defendant are both merchants. The action was brought fcir 4241.. ss. ed. on an award of Mr. RondeaW, of which 141. 12s Gd: were, the . t coits of the arbitration. The defenee was, a set-off with .Mr. John Maire, the brother of the Defendant, to which, however, the concurrence of the Defendant was not proved. In the sequel, a verdi6t was given for the Plaintiff 4091. 123. 84. being the total amount of the award, deducting the costs. • Lord Et.LENBOROUGH remarked, that it was very proper the costs should NI paid by the party against whom the award was given, but it, could not be en forced unless it wail Stated in the submission that the. tOsts should be so discharged; There vas no ,Court of Aldernien- held to-day. The Loan-MAYom, after inspetling the Returns, ordered the price of Bread to continue at the late rednetiOn. The Edinburgh Paper of Thursday last says :-- " Yesterday the Loan ?uovosr received, by a King's Messenger, a letter from the Sec i retary at State, informing, that his ikle..tas:ry had given per niission to the Count Do tit LE, his, family,, and suite, to occupy the apartrtients in Holyrood HOuse, which were formerly inhabited by Royal High ness Morrsigpa, and desiring his Lordship to cause the'necessary arrangements to be [wide." Married . thii morning, at St. Geor g e's, Hanover square, by the Rev, R. COLLETT, J OHN TATHAM J ,' . Esq. of Craven-street, to Miss'JONES, daughter of WILLIAM JuNks, 4sq. of Charles -street, Grosve nor-square. 'ICE-REGig TOUR 111 7 MELANZ7 ROGHEDA, Grace the Lieutenant` having signified, througle Earl Co•Yr;G- HAM, iliS . pleagual,.that he, would uebeive the Fre dprri‘of DrOgbeda, at Slane Castle, on Thnrsdiy last; at three o'clock:a Deputation, consisting of CFLA:-. EVANS, ' Esq. Miyor, Sheriff MARTIN, '5A41;,1.:1, 'FOSTLR, and JAMES DAVIS, Esqrs. proceeded to the princely tnatihion of the Earl. The Noble .:Pro prietor received the, Deputation at the entrance of the great hall, and conducted them to -the drawing- 7 room. In a short time Sir EDWARD LITTLEHALRA infortiled the Mayor that his Grace was ready to re ceive the Address: The Deputation, then returned tolhe.hall, and after the necessary introdutlion, the Address . was read by Mr.. Fostna, and returned to the Mayor, who approached his Ginee, and preselt-, ed the' Addrets and gold'box containing the fiat ;• which was received in the most gracious manner. His Grace then read hiS antwer, and delivered it td the„Mayor, expressing his-thanks fur the honour, a 'dignified and a tiable style. , • During the Ceremony, her Grace the Duchess of RicuMoNts','COunteiS CON i'sonAss, La EnwAsu Somattspir, and tatty ELIZABRTH LITTLkIrALES; stood clbse to -his Grice.—Earl 'Cos NDliAte, WUrd EDWARD SOMERSET, Sir EDWARD LITTLEHAi.ici,', Captain TAYLOR, ,and Major Annaut.ny, were waitinn - : Tire: Duke and Duchess; attended try tln ."ar,litd Countess, &c. &c..proceeded to the eating parlour, whare'an elegant cold collation was, out, with the Choicest wines:' Her Grace.: appeared etretnely•happy, and her condescension and atti .bility was charataeristie of her noble birth, which was evinced by the elegant, though dignified, fttur•, liarity `with which, she supportedati intarestiu, t en versation with. his, Worship the, Mayor, &c. Lord HARRINGToN and Sir All:rlit/It'WELLEst.r ha`Ving 66'en:detahit:.•il in Dublin on official busitwss. the.Ducheis.of Bic utuotin requested to be honotirue ed, ,on,the, part .of the Corporation, to 'present Sit, A R i•ou lt Wm-Lb :sales Freedunt; aS did Countes CONYNGUAM, that Of Lord artentt.to'rOw's. Tbertz is not a Corporation in the United; Kiikdoin can boast of such noble Delegates.' Thi'S 'day his Grace the Lord Lieutenant and suite rode into town froth Shthe, and 'honoured the Mayor with a visit, a mark 9f condescension in the representatiVe of Majesty, unkno - wn in the annals of this Corpora tion.. , Her Grace of Ilicamotrn, Countess C>NYNtie j HAM, Lady EDWARD SOMERSET, and Lady ELIZA. BETH LITTLEHAI.ES, rode ill the state coach, drawn by Six beautful blood horse's. 'After driving threugli thtfptincipal, atreeta,' the Nf)ble Party set off tote Slane Castle.--;-(Drogheda News Letter.) MARILBOIIOUGh-STREET.—YeitCrdily Thai. S,:wel, who was formerly shopman to '4 silversmith in St- : James's, was charg e d with stealing, at divers times, various articles of plate from different. Gentlemen'si houses.,---,lt appeared by the complainants On the dif ferent charges,,tht the Prisoner used to go to differ ent houses, under pretence of delivering mall par cels, and during the absence of the servant with the parcels, he would decamp with such articles of value as he could get at. 4le had been successful at this species of robbery to someamount, ho' having ge nerally fotind means to escape with plate. Charges Of this'description were, substantiated against t he Pri soner, as were others of asimilar'descripiion. He, it appeared, had calleditt' the , shop of a silVerStnit if in Long-Acre, and obtained some. articles of plate by artful insinuations, which .he. stated was for a Nobleman in Portland-place, and which, of course, were lost. There ire some charges made against him for similar offences two years since, and from .the produce of the •plate, and other' valuables found in his apartments, he has _evidently Carried. ha hi 4 Praiitices enormous extent. The tavern keepers of the west end of the town havialso sttt fered by his ingenuity. The Prisoner was remanded for another e%amination, in Order that be might be further identified. Mary Marsia, an attendant in Bartholomew's Hospital, Henry flay, of Houghtod-street, market, and -Elizabeth Brown, servant to Shuter, Esq. olCUrSitor-street, Chancery-lane, were , charged with a robbery .in 'the house df that Gentle man, some time since. Brown, who was adMitted an evidence, stated, that she 'had only been tour months in London, when she Went to St. Bartholo mew's Hospital to see her husband, who was sick, upon which occasion she got acquainted with Marsh. This woman followed her to her master's' !utie, where they got the keys of a bureau, opened it, and fbund there the key of an' iron chest, which tfiey also opened, and took out of - a : peg a quantity of medals and ancient coins, which they took to Ray for sale; he converted theta' into ready cash, add gave the informant two one pound notes, as her share. They - were all ordered for a further examina tion. HATTON•GAR DEN .—Ye . sterday IJohrt Knight, alias ainer, was brought l up, and underreat a final examination, charged with being concerned in the robbery of the Minburgh Mail, in March last, of a parcel containing 40001. in Bank notes. His several examinations having been detailed as 'they arose; we shall'not recapitulate them. 'Ili() Priaoner was fwly committed to tale trial at the next assizes for tIR: county of Stafford • • "Yesterdaphiternoon as Mr, D'Eovata, the Ma nager of the Opera-house, was giving instructions the painters who are decorating the Cieling of the theatre, a scaffold "pole suddenly brolte, and One of the painters was precipitated into the pit. Although he . fell such an amazing depth not a bone was broken, but he was Lunch bruised. Surgical advice was in mediately proeUred,' and the man is in a fair way Q f doing well. . . desperate robber has lately made Ws appearance in the neighbourhood of Arundel, Sussex. On l'iVed , ; nesday last he attacked.and fired at a Military ()th an-, at three o'clock in' the afternoon. /Two •trOop_i of dragoons, and the Arundel Volunteers, scoured the woods during the whole of one night, but failed in meeting with him. Ardis Cosar was advised to beware of the Ides of March. It was his bad fortune not to regard the counsel, Good Fortune, however, now advises spirited adventurers, ,not to beware of, but to tak c: , care of embracing, the commencing days of the pre sent month of November, by seizing every attaina ble chance of possessing the unprecedented Lottery Prize of 40,0001. allotted to the Fat-drawn Num. heron Friday next, the (Sal inst.