The Sun. — London, England, 1807-06-13 00:00:00

E ECON D EDrrION. WE mentioned Some tithe' ago the . 6pittre and iestruaion of a number of Dutch Vessels at Bata- . ; the following details respeaing that exploit are extratied from anyirnerican..Paper : EXTRACT FROM THE PRIVATE JOURNAL OF CAPTAIN W. VICARY, FRONI BATAVIA. SATURQAY, OCT. 18., 1 'afternoon 'the • English Frigate Carolime,:of 38 guns, commanded by Capt.. RAINILR, came'into the Roads, after hav ing captured two small Dutch Vessels to the west Ward; and although alarm guns had been fired at' Onrust, and i rwas known to be an Enemy approach ,ing,' yet the Officers on board the Batavian Frigate , Maria Reygersburgh, of 44 guns, kept her at anchor, with the topsails on the caps, and. fired their bow guns, and such as they could bring to bear, at the Caroline, when at a great distance. At this time most . of the other Dutch Ships slip- - .ped their cables. and run 'ashore. The Caroline shortly after passed. amongst the -ISTeutral Vessels, which . generally anchor farther out, and in crossing the biOWt; of the Maria' Reygersturgh, gave her a broad-side, which raked her. fore and'. aft; The . Dutch, upon this, cut their cables; but by: this time„ the Cafoline had passed,between them and the land, ,and hove all their-topsails aback on the Dutch Ship's larboard quarter. In this position they continued' to engage for some time., The Dutch Vessel was under a great disadvantage, not being in - a condition to work the Ship ; nor hav ing more than 70 white men on board, and It was not now in their power to run ashore, as the Caro line kept between them and the land. They how ever continued- the action 15 or 20 minutes, they struck thg colours, and were instantlY'berar4& and taken possession of, by the Caroline's people , Who quickly made sail , and- carried -the Prize and their, own Ship Out of the,reach of the fire from the batteries and some Sloops - of War, which had an toyed them during-the whole aetidn. • . Clpt: RAINIER 'did-not fire a gun, until withifl' half-'pistol shot of the Maria Reygers'burgh, nor did he pay the smallest attention to the fire from the shore or the other Dutch Ships. Situated as he was, with his single Ship, 'all he 'could hope for was to capture or destroy .one Vessel, and. he succeeded very Well ;, but had the.,Datch 14 their Vessels broad-• side oii the Tank, they would have defeated all the attempts he conldhaveznade; for-he could not have • carried :his own Ship near enough to_ do execu 7 tion, and the Dutch fire would have sunk all the boats he could have seni to'burn their vessels. None of the American Ships received any injury, though the shot flew very thick amongst them. THURSDAY, Nov. 27.—Being ready for sea, Cap tain Sstern, of the Bellair, and Mr. RIDGELY, of the Rebecca, came on board with their boats crew s very . early, and assisted to get the anchor up and run theship ouctea clear birth for sailing. This was effected by day-light, but an accident which oc , curred to myself at this time, determinectme to de= fer sailing until the following morning. Aboutnine o'clock three alarm-guns were fired at o:irust, and shortly after several large EnglishaSlAps iheir appearance—some of which, after`ashort cant - id:lade, silenced the Fort at Onrust, and took.. possassionet it and a Corvette lying there,.which they • immediately manned and brought in with the : Fleet. All the Dutch Ships, and one Prussian, then slipped their cables, and ran ashore near the Eastern Bafteritl' under all the sail they could set. At this time - the Pozi , e7fid, 74, was dispatched to the eastward in chase. of a large Swedish . Ship, which had sailed:earlY- in the morning. At half-past ten a. m. the Seafiower Brig passed in-shore of us, and went in chase of some Dutch Ships on the east side, of the Bay, which hadjust sailed for Samarang. Direetly afterwards the Terpsichore, followed bythe-Culloden, Drake,Russell, BelUqueux, the Corvette Williams, and a Brig which had been captured the day before, bound from . Bantam to Batavia, with powder, &c. came into• the roads in the order mentioned, and took their stations as follows :—The Culloden, . Admi ral Sir EDWARD PELLEW, anchored about two hundred yards - within where we lay. The Terpii; , share, south south-east from her, well in .shore towards the Batteries and the stranded Dutch Shipi. The Drake to the eastward of the Terpsichore, and a little on her starboard quarter. The Belliqueux - , after shifting from her first posi tion by signal, anchored S. S. E. from the ..duliral, and as near the shore as her draught of water 'would permit, to assist in taking off the fire of the Batte ries and Dutch Ships from the Drake and Terpsi chore.. The Russel, anchored three quarters of a mile to the northward, and the two Prizes about the same distance to the eastward of the Culloden. A heavy cannonade then commenced, and[c'Jwas kept . up until about two o'clock in the afternOtin, when the boats of the squadron were manned and sent in under cover of the fire of the ships, to burn ,t' e enemies' vessel;. This they executed amidst a shower of shot, which fell about , them in every di iceetion, and frequetitlY threw the water over t ieti3.i and, Although it appeOr; surpriAng, yet the, bully boat which received 'injury was `tbe curacit's auiich. - She received a shot through her ,bowS, killed one man, and wounded two others, rbelieve mortally. She was near sinking when towed along ide. Capt. PELLERO of the Drake, was the first Irian who boarded the Phenix. The folloWing Vessels were burnt near the batte- Frigate Phosnix,'32.guns Brig Advenrurier t Adventurer), 20 do. States Vesselq. Zeoploeg (Sea- Flower) 14 Frigate Amesteyn, force unknown 'Ship Patriot, 18 guns Company's Ships Brig-Ceres, force unknown Brig Snelheyd (Swift) do. ries, viz. Ship Deugdzoon - ihayd (Prohity)• do. East Indian • do. Private Ships. Zuider Pole (South Pole) Prussian do. And four or five others at least, whose names ar© not known. On the east side of the Bay were burnt the Andra • meda and Debora, the two finest Ships in Java, both which belong to the Governor of Samara, and an other large Ship, the name unknown. During. the Engagement,' some of the American Vessels were obliged to slip their cables and run out to keep clear of the shot, . which flew thick about them. While the glion continued ) Sir EDWARD PEL- .LEur ^ hailed, and requested me either to come on board Myself, or to send my Chief Mate. I chose the former, and was treated by him and different Of -, ficers, with the greatest civility. He asked me a number of questions, bat neither offered to examine ;the Ship's' papers, or any letterst After remaining an hour, I returned on board.. Towards evening the fire ceased, and the Cu//o- den, Be . lliqueux , Terpsichore, and. Drake shifted. their births further out. During the night the sky was awfully illuminated by the . blate of 1 8 large ships ; and the blowing up of several of them when the fire reached their magazines added to the grandeur of the scene. No one could behold the destruction of so many fine Ships, without lamenting the evils inse parable from War, and particularly regretting that so large a pOrtion of the misfortune should fall to I the lot of private persons, most of whom were pro bably opposed to the principles and a&ions which first occasioned hostilities. SPORTING INTELLIGENCE. ASCOT HEATH RACES. THURSDAY, JUNE el. His-Royal Highness the Duke of York's Plate of sol. for horses, &c. of all ages ; 3-yr olds 6st. 71. b. 4.-yr ,oids Sit. sib. .5-yr olds Bst. rolb. 6-yr and aged gst.—Thewinner to be sold for 350 guineas, it demanded. Mr. Batson's b. c. Handicap, 4-yrs• old • - a Mr. Brown's b. h. Watery, 6-yrs old . • 4. 2 L:1 Boringdon ' s ch. C. Palarino, by Hyperion, 3-yrs old -3 Mr. Abbey's b. f. Orangeade, 4-yrs old - _ Mr. tones's bl. 1 Honeysuckle, 4-yrs old - - 5 Mr. Embden's b. c. Pantaloon, 4-yrs old . - 6 The Gold Cup value toogs. the surplus in specie, a Sub scription of togs. each, for 3-yr olds, 6st. mit). 4-yr olds Bst. slb. s-yr olds Bst.. 12.1 b. 6-yr olds and aged 9st. 41b. Mares allowed 31b. Mr. Durand's ch. c. Master jackey, 3-yrs Old - Mr. Fermor's Hawk. by Buzzard, 3-yrs old - ^- Mr. Butler's Miss Coiner, 6-yrs old 7 3 Mr. Ladbroke's br. c. Sir Peregrine, 4-yrs old - 4 H. R. H. the Duke of York had two Subscriptions, but did not name.. A Plate of 531, for Yeotpan-brickers and Keepers,.f or horses, carrytng 12st. cacti; the t best of three 4-mile heats; the horses tobe rode by Yetiman-pri,:ker.; or keepers of the Forest or'Great Park. Mr. Starling's b.. .• Blenheim, by Coriander r t , Alr. Richardson hr. It. Necno it 2r. 114 r. Sharp'S' b. g: Chance - 3 3 A Plate of solb. for 3.yr olds. 7 colts Est. 61b. fillies Est. 21b : the best or three heats, the New Mile ; the winner of a Plate or Sweepstakes in the year 1807, to carry 41b. and of the Derby or Oaks, 71b. extra. E. R. H. the Prince of Wales b. c, by Sir Peter I 2 2 Mr. Ferrnor's b. c. by Stripling, 3-yrs old - 2 I t 7 to '4 on the black colt; and atter the first heat 7 to t upon him ; after the seeuyid heat, 4 to r on Stripling: . . ,_ - This day's sport, has not been so good as might be ; and we only had'present, of the Royal ,Family, their Royal Highnesses the Dukes of Voitic and CUMBERLAND. The Marquis CORNWALLIS was present in the Judge's box ; the Earl en d e nuntess of JERSEY, and - the Hon. Mri. S o i LLIEItS, were in the Prince of \VALES'S stand.' ROCHESTER, JUNE 11.--On Thursday: morning was decided a match for a considerable sum against . time on the Chatham Lines, which are exaiy two miles round, by a horse, the property of Captain COTTON, of the Guards, who was to go twenty miles within the hour, which he performed in fifty minutes eight seconds, carrying eight stone and up wards.. NEWTON RACES, Wzor4EsDAY, rutvz to. , The : Cold Cup.--4 mile Heats. Mr. Cholmoncleley's b. h. Young Chariot . Mr. Archer's gr. c. Atlas . . ;our others started; a good race between the first two. BEVERLEY RACES, JuNr 9. A Sweepstakes of zoo.. each for Syr olds.—One Mile and a Half (8 Subscribers). Mr. Garforth's b. c. by Beningbrough, out of Caroline Mr. Savile's b. c. by Sir Solomon Mr. Hudson's b.,c. by Beningbrough . JUNE ro. • The Gold Cup —4 mile Heat. Mr. Watts's c. Integrity, brother to Truth Mr. I3ethell's. b. c. by Beningbrough Mr. Gartorth'i ch. f. by Hyacinth Mr. Watts's b. c. by Beningbrough • 4 A pair of horses and their driver, who had Im prudently taken them too far in the Thames, near Standgate, to wash, were drifted off into the stream on Wednesday, afternoon, and under the middle arch of - Westminster. Bridge got enveloped in the eddy, .and were all three drowned. The horses be longed to a stable-keeper at Lainbeth. 1.0; cOuRT OF 'WI I\!G'l 13EiCtf, [us* 12; WELSPORT) V. TODD. ihe,diSciission of this case occupied nearly the k.xiliole morning. It carne before the qi)urt upon a verdia; fOund it the SOmersetshlre Assizes ; and the questioh was, whether the Plaintii'f., 'as ren . ter of the Post Horse Duty for the City of Bath, was etititled to recover from the Defendant, A stable ' keeper a sum of money in respe& Of such duty. 'The special verdi& stated the fa& of a horse being hired by a Mr. Langley, from the Defendant, to go from Bath to Henton Brewet, and a similar transae- Aion between the Defendant and a person of the name of Corringtoit, n reSpecling a horse to go froM Bath to Bradford. With respe& to the former, the special verdi& was' insufficient, and the case was therefore argued upon the. latter hiring. The AT,- TORNEY-GENERAL argued from the Statutes of the 25th Geo. 111. c. st. and the 44th Geo. 111. c. 98. that the duty was payable, as a letting of a horse to travel post by the mile or stage. Mr. PULLER sup ported the contrary position, on the principle laid down by Lord Kenyon, in the King v. Swift. Their Lordships deferred giving judgment until they should have examined the two Acts of Parliament conne&- ed with this-question. THE KING V. RICHARD:WATSON.f • We noticed this case in our Paper of Saturday, the 6th inst. as an application at the suit of General Gwynne, tbr a criminal infiomation against the De fendant, late a Major in the 17th Regiment of Light Dragoons, for-endeavouring, by most gross and improper' demeanour, to provoke the Prosecutor to fight a - duel. • Mc. G.utaow this day moved to make the rule absolute on an ,affidavit of personal service upon the `Defendant, to which no resistance was made.—Rule • MONTETEO V. DE TASTET AND CO. The Plaintiff is a merchant at Lisbon, the Defend ants are merchants in London. This was an adion set-down for trial before Lord ELLENBOROUGH, at the Sittings after last Term ; but, before ithad arrived at its Conclusion, it was referred to Mr. Geo. Ward, one of the Special Jury, to settle matters in difference between the parties in this cause. It was an aalion brought by the Plaintiff to recover from the Defend ant a large sum of • moner, alledged to have been lost by the inattention of the latter. It appeared that the Piaintiff had consigned to the Defendants a large quantity of cottons to be disposed of in this country; but that they delayed making a sale. of them,,contrary to the diredtions they teceived, until the price was so low that a loss of upwards of 'pool. was sustained. A verdi& was taken for the Plaintiff to the full extent, subject to be reduCed by the Arbi trator: Mr. Ward made his arbitrament, and de cided that the Plaintiff should receive from the De fendants the sum of 4601. only,,and that the verdid should be reduced to that sum. This award Mr. GA'RROW, on behalf of the Plaintiff, had applied to set aside, on the ground that the Arbitrator had ex ceeded T his authority; tor that the only question referred to him was, the- difference of price at four different periods, when the cotton was.in the Defendants' hands, and the price at the time it was aatially sold. Mr, TOPEiNG opposed this Rule, and said that the Arbitrator; had only examined that evidence which was produced-on the trial. It was.obje&ed that Mr. Ward had taken into his consideration the general nature of the transaction, and had read the whole correspondence between the parties, in order •to form his judgment. This proceeding was nothing More than was necessary and proper,,itbr that cor- . respondence had been employed at the trial to spew the difference in price, the dire& obje& of Mr. Ward's inquiry. On the recommendation 'of the Court, it was agreed to refer back the quegtion to one of the Gen tiernen.on the pannel. . COURT OF COMMON PLEAS, NNE 12. MENDE/ V. MARTIN. This was an a6tion .to recover from the . De= fondant a sum of 341. Cs. being the amount, of board and' lodging, for one year and a quarter, for the De- fendarit's- wife, at the rate of half a guinea per week. Both parties in this cause were Jews. The Plaintiff founded his claim upon his reception of the Defendant's wife, who was separated from him, and destitute of all means of support.; and the Defendancresisted the demand, upon a, plea that his wife had eloped from his house without just cause. From the faas stated in evidence, however, it ap peared, that .the Defendant .was one of those gallant gay Lotharios, who had no very stria regard to the conjugal vow ; and that, in consequence of repeated instances of his .infidelity, and frequent bickering - s arising therefrom, the husband and wife had sepa rated. Through the interference of their respetive friend's, however, they were again reconciled. But this re , union was of short continuance ; for the Defendant again lapsed into his former frailties, and in a way so flagrant, that his wife was at length provoked to quit his mansion,and to seek an asylum and consolation amongst her friends in some distant quarter of the kingdom. In the commencement of Oe.:tober 1804, therefore, she packed up such por tion of her furniture as she conceived to be vested in her, and remOved with it to the house of a neighbour, named Walsh, in Smock-alley, Pettycoat-Jane. She .thether husband next day, and acquainted him with her determination to abandon him, and to remove to Lynn, in Norfolk, and there to set up some busi ness for her own support. The husband, however, endeavoured to dissuade her from leaving him ; adding, that if she did so against his consent, he.was no longer her husband. She, however, persisted ;' took leave of her mother and mother-in-law, and set out for Lynn in the Fly waggon but not having succeeded in her speculations 'there, after some time she returned to London, and took refuge in the fa n-illy of: the Plaintiff; where she continued to board and_ lodge for a year, and a quarter. It also was proved, that •the Defendant had made . a proposal to her to alloW her half-a-guinea a week for her support. Sir JAMES MANSFIELD made a few observations upon the evidence, and referred the case to the Jury, who instantly found a verdid for the Plaintiff. COURT OF CHANCERY, juNE Ez. TOMKINS V. SM JOHN LETHBRIDGE.' , The Plaintiff in this case tired his bill against the ntiendent, 'on an Ec "i l'";d •t On ptayiri .to 11t y.o. emp , be decreed to possessionllie - of onernole..ty of ite Matiort of Thregenhauit and Bottela, in the 'court - - tleS . of SomerSet and CornWalt - l'as . lielrat law, ex Pirteinaterna, to Treville Cross, of the city of Exe-; ter, deceased. This Treville Cross, it appeared, was a man of weak Understanding', and possessed of large estate's, in fee and otherwiSe, in the Several counties of Somerset, Devon, and Corn Wall ; but, unfortunately , for him, he Was involved, by mis management and folly, in debt, in the year 1737, and was committed to St. Thomas's', a prison near Exeter, where he Was left and negleded until the Aet of Iniolvency passed in the 16th of George IL had relieved him, upon assigning all his estates and effeds to one John Cross, a creditor .of Prim, of Exeter, Attorney, who had a concern with this affair, and took advantage 'of the weakness of Mr. Cross, and obtained a deed pole from him of the property, subject to a mortgage of 28001. 'Da niel Prim died in 1162, and John Prim administered .to him. The Defendant, about 30 years ago, treat ed with JOhn Prim fora purchase of the two manors abOve-named, and procured himself to he appointed, by 'the Court of Common Pleas, Assignee to Mr. Cross, and has ever since received the rents and profits of the estates, subjed to the interest of the :an]: without having discharged the trust under the Insolvent Ad. The Plaintiff prayed for an ac count against Sir John, charging that the debt had been many years since, both principal and interest, discharged by the issues and profits of the lands, and demanded a re-conveyance, as also an inspedion of the several title deeds. . Sit John, by his answer, adruitted almost all. the charges of the Plointiff' s bill, and put him on the proof of his belt ship, ex parte materna, to Treville' Cross. The pedigree being very long, and a chasm appearing therein, - by the destrudion ofo.ne 'whole book of registers, much ingenuity was displayed in supplyini; this defed ; and in establishing Monumental i:iEleription3 and other documents in the place thereof, it was offered to prove an inscription from a tonab , •stone by oral evidence in Court. The LORD CHANCELLOR said, thatihe stone might as well he proved by the body laid under it as by such e‘iidence ; it must be proved only by an. interroga ic:ry. It happened that the witness, who compared the copy the original, had been on some ac count,committed !to priion, and could not be ex.- amined on the Commission. There was read, what the CHANCELLOR and Bar were merry at, a Cor nish Epitaph, stating, that ode of the Plaintiff's ancestors had reared a monument to perpetuate the names and farniiy of all hi* ancestors—bat be ginning with the name of his son, and calling him grandson of the erector's father; from whence the CHANCELLOR supposed, that 'by the Cornish lan guage ancestors did mean descendants. Notwith standing misfortunes and length of time,' the Plain tiff made out a strong and clear prima facie easel I,4liieb; on the return of the -usual issue in such CISCS direCred, is likely to put the Plaintiff into possession of a fine estate. The issue, as expea ed to be a long one, was direded to the Common Pleas. TAPP V. FIELDING. In .:this case, which excited some ridicule, the Plaintiff, a .farmer, filed his Bill against his neigh 7 hour; Mr. Fielding, a Barrister at Law, residing at Scot-ten; in the County of*Y - Ork, for an account of the 'valtle of divers - articles and gOods, furnished by the Plaintiff to the Defendant, such as beef, mut ton, salmon, potatoes, grass, straw, a poney, &c. between the years 1795 and 1800; he alsd charged the Defendant with obtaining from him 361. for drawing or preparing .the Will of the Plaintiff's Father; but, on the other side, it. was contended, that a Deed of Conveyance, to raise 3004 was prepared by the Defendant, which reqbireci a jour ney of 25 miles, and five or six days space of the Defendant's time, with other expellees. This kind of conveyancing was ludicrously called by a Bar rister in the 'cause, dragooning. A .promissory note having been obtained by the Barrister, for 361. with out the bill being taxed ; was insisted on as a ground for opening the accounts; but Sir SAgUEL Ro -1 ULLY contended, - on behiilf of the 'Barrister, that if the payment-Were in cash,.it would be quite fair and legal, and that' the promissory note made no difference ; .for that a Barrister and' Conveyancer might take security for their fees.; but here the Bar rister, after having ,advanced money to, and pro cured bail for. Plaintiff, during, his embarrass ments, and obt'ained a security of 1401. including. the 361. from hitn, and on the ground of that se curity, did proceed at law,. and obtained a verdi& for 711. on; r, which was paid. On the trial at law, the Plaintiff used, by way of a set-off against the aetion, all theiteins now com. pkzed in his objee'lions and schedule;and had all the benefit of them . ; and he stated, that this was' . one of those cases, in'which people 'of a certain de scription, cash failing in all other ways,.hoped or. thought rather than hear a dirty-story related ha the Court of Chancery, a party might he inclibed to give•some money.—He athled, that Mr. Fielding was not at that tune a Bairister, and that the note for 361. made no part whatever of this case, in which there was a point of law -which- he would insist on. Mr. HART being absent, and having re - quested to. be waited for on behalf of the Plaintiff, the CHANCELLOR said he must hear him in it, • but it was manifest that he perceived no equity in the case. NORFOLK CIRCUIT. Buckinghamshire—Monday, 13th July, at Buckingham. Bedfordshire—Thursday, 16th July, at Bedford. Huntingdonshire—Saturday, 18th July, at Huntingdon. Cambridgeshire—Monday, loth July, at Cambridge. SufiOlk—Thursday, -2,3 d July', at Bury St. Edmund's. Norfolk—Monday, 27th July, at the Castle of Norwich. City of Norwich—Same day, at the Guildhall of the said City. "J.( The Right Hoir.i-towAar, Lord ELLEicaortotYcx, and the Hon. Sir NASD GROSZ, Knt. Justices, &c. NORTHERN CIRCUIT. City of York, and County of the said City—Saturday, slth July, at the Guildhall of the said City. Yorkshire—Same day, at the Castle of York, Durham --=Tueglay,2,lst July,' at the Castle of Durham. Town of Newcastle-un-Tyne, and County of the sam e Town—Saturday, isth fuly, p at the Guildhall of the said Town. . - Northuinberland--the same day, at the Castle of Nev.. castle-upon-Tysit>. Cumberland—Friday, Vst fuly, at the City of Carlisle. Westmorland—Wednesday, stll August, at Appleby. Lancashire—Saturday, Bth August, at tile Castle of Lan.. caster. The Hon. SirA Lt. etiAMBR E, Knt. one of the fusticac of the Coes t of Klng's Bench ; and The Zlon. Sir Gio' Res WooD, Km. one of the Barons of the Court of Exchequer.