The Sun. — London, England, 1802-12-23 00:00:00

PAR'S, nge. THE Government has received official intelligence that the P OPE h as sent to S w i tzer l an d a L egate , furnished with full powers to conclude a Concordat between His Holiness and the Helvetic Republic. BASLE, DEC I I.—lt is generally reported that !he Austrians were some time since considerably re inforced in the VoraMerg ; the greatest part of the , Regiment of Bender has taken cantonments in the environs of Bregenz. We are ignorant of the mo tive of these measures. On the other side, it is Continued to be asserted, that General BACHMANN has inrolled a Corps in the Tyrol, and in Upper bee n made to the contrary. It is even added, that this Corps will enter publicly into the service of trigland, which however it is difficult to believe. The difFerent Cantons continue to make reclama tions to the Senate and the Executive Council, against the assessment of the Extraordinary War } Tax. The Ad m ini s tra t ive Chamber of, Argovia as solici te d a di m i nut i on o f t h e C ont i ngent o f t h at Canton, but its solicitation has not met with any success, RATISEON, DEC. B.—The Imperial Plenipoten tlatY has addressed a new Note to the Deputation, In which it is stated, " that seeing that the Mini sters Plenipotentiary have announced the resolution 9t laying before the general Diet the Recess of the 4Junesutation, the Imperial Commission sees itself thos e the necessity of no longer delaying to make e obs ervat i ons w hi c h i t h a d reset v ed to itself u t r n t he Recess. Before entetiAg into the matter, Imperial Plenipotentiary thinks it his duty agattt to d"tail the- reasons which will not allow hnl to accede to the Recess of the Deputation." phis explanation is thus concluded : " The Impe rial Commission, seeing the just intentions mani fested by the High . Mediating Powers, as well as t ne assurance which they have given of wishing to satisfy in a suitable manne: the GRAND DUKE of TUSCANY, and which has been confirmed by their Ministers Plenipotentiary, imparts with confidence that that obstacle will be soon done away, it ex peas with the same confidence, that until that epoch zhe.General Diet of the Empire will recoiled the engagements and obligations which the whole Empire has taken upon itself by the ratification of the Treaty of Luneville, and will see the pro_ Posed allotment of the Indemnities in the same point of view as the Imperial Commission ; and that it ill regard as unessential and necessary condition of its ratification, that the just and moderate de_ Mantis which have been made for nhe accomplish- Inent of the sth Article of the Treaty of Lunevilie lay be satisfied.' HAGUE, DE c. r 7. —The affair of General Ylotl- Tit CHARD remains as it was. The Courier sent to Paris is not returned. It is certain that - the Law of the z6th of Fe.. bruary last, against the importation of Woollen Articles, will be carried into execution without any restrietion or reserve from the Ist of January. The Government have proposed to the LegiSlative Body, to attach the contributions upon Revenue and Property, to the inhabitants of the Countries ceded to Holland by the French Government, by the Convention of the sst of January, i boo, and to treat them as the other inhabitants of the - Republic. Letters from Vienna, of the 6th, inform us , that the plan of an Alliance between Great Britain and Austria has entirely failed. The failure of it' is attributed to the ARCHDUKE CHAR LES. Every thing remains in statu quo on the Banks of the Inn. Austria has neither evacuated. Passau, nor taken Civil possession of Salzburg'', and the other di s _ trigs assigned to the GRAND DUKE. HAMBURGH, DEC. 7. —The GRAND DUKE CON STANT' N E returned to Petersburg!) on the 17th Nov. A new Alliance is spoken of between England, flu_ aria, Russia, Denmark, and Sweden. Ihe EMPE 14OR of RUSSIA, it is said, has applied to the KING ° fIENGLAND to engage him to assist his IMPERIA L IvIAJEsTY in procuring a suitable Compensation for the KING of SARDINIA. DECEMBER 19. A shock of an Earthquake was felt on the 7th ; Instant in several Communes of the Department of . Pitere, amongst which may be mentioned those of Saint Antoine and Saint Mareellin. RA - mum, DEC. 8. The Deputation of the Empire held its thirty-third Sitting yesterday. The Sub delegate of Bohemia, M. SCHRANT, gave to the Protocol a very important Declaration, in w hich he highly disapproves of the steps taken by the Ministers of the Mediating Powers, in hav ing themselves communicated to the Diet of the Empire -the general Reces of the Deputation, and the Arretes it contained. He concludes this Declaration in the following manner :—" After the stipulation by the Ministers of the Mediating Powers, the Deputation can no longer delay to address a ge_neral Report to the EMPEROR and Empire. The Report ought to make special mention of the pre_ sent situation of affairs, together with all that stil l i remains to be done, in order to complete the la bours of the Deputation. It ought' also, in conse quence, to comprehend the clauses of which the in sertion has been called for by the Court of Vienna." The Diretaorial Minister opened the Protocol with r esPeee to this Declaration, but at present none of The Members of the Deputation have voted upon it. STo.cxxoLm, Nov. 30.—Tbe President of the ~_ '' C hancery, M. D'ERENHEIM, gave yesterday a grand dinner to His Royal Highness PRINCE WIL p • L IAM of G LOUCESTER , at w hi ch all the Foreign Minist ers , an d many other persons of distinlion, w ere pre sent . Th e p resence of the Prince gives I ! i t he greatest satisfaaion here, and it is hoped he 7,1)e j ll prol ong hi s stay as much as possible. Since j .1 Peace with the Barbary Powers, all our Fri_ Igates have been recalled from the Mediterranean, LAW :REPORD. COURT OF KING's BENCH ; DEC. 21. a/TtINGS BEFORE LORD ELLENBPROVaii D SPECIAL JURIES, IN GUILDHALL, LONDON. RUSH AND ANOTHER V. ROWLET AND ANOTHER. THIS, Mr. ERSKINE stated, was a cause sent into thaT Court, out of the Court of Chancery, to try three Issues—First, whether the Plaintiffs and the Defendants were Partners in a Cargo of Pil chards, &c. in a Ship, and also iii another -Cargo homewards, of the same Ship ? Secondly, Whether the Plaintiffs were Joint Pro- . prietors of such Cargo ? Thirdly, Whether the Defendants were indebted to the Plaintiffs ? This case had been in the Court of Chancery, and these Issues were direCted by the LORD CHANCEL LOR, and it.arose from an adventure, in which the parties were concerned together in the course of the last War. The Plaintiff, Rush, was a native of America, and as such, had the benefit of Neutrality, and he entered into partnership with the Defendants, to carry on trade in a Ship which was to be in his name only, to mask the joint concern, and to enjoy the advantages of Neutrality ; and in the course of the voyage, the. Defendant, Rowlet, corresponded with the Plaintiff, and then claimed a partnership, stating, that it was a matter of honour to have it settled what share he was to have in the concern, since there could be no Articles of Partnership exe cuted between them, nor could it he made by Agreement before Witnesses, because the suc cess of the scheme depended on its being kept entirely private. - Mr. ERSKINE proceeded to read the Letter of the Defendant to this effea, and also the Answer of the Defendant to a Bill filed against him in Chancery, admitting the Partnership in substance, though not in words, for when he put in his answer, he had different wishes as to the question of, whether he was to be considered as a partner or not ? fur a reason that was a plain one. At first it was expe&ed that the plan would have been a thriving one : it turned out a losing specu lation. The Defendant's answer, however, Mr. ERSKINE contended, was an entire admission, in substance, that he a partner, and the first issue between the Plaintiff and the Defendant in this case was, the Defendant should not be believed upon his oath. With regard to the last issue, whether the De fendant were indebted to the Plaintiff, Mr. ER3- KINE went over the accounts, and maintained that the tAat the Defendant had charged sums for premiums of insurance, &c. which he was not entitled to have allowed in the way he made them, &c. After hearing the pleadings of the Court of Chancery between the Parties, and the correspond ence, &c. read, as well as the accounts, &e. Mr. GI4BS spoke at length on the Part of the - Defendant. The Jury, under the direaion of the Chief Justice, round a verdift fur the Plaintiff upon the three issues. COURT OF COMMON PLEAS, DEC. 22. SITTINGS AT GUILDiIitLL,IIFFOrsE LORD ALVANLEY AND A Si'ECIAL JUKY. SFDUCI lON. GILL W. HOGG. THIS Aaion was hrouglit against the Defendant for enticing away the Plaintiff's wife and children from their home, against the will and. without the knowledge of the Plaintiff. Serjeant CociaLL said, it would be unnecessary to state at any great length the circumstances of thi§ case, from what had been mentioned yesterday in another Trial between the - same parties. The Plain tiff was clerk to Messrs. Willis and Co. and the Defendant to Messrs. Maitland and Co. both Bank ers in this City. The Mr. and M rs . Gill were e l re parties marri were also edinthey,e.4 r r el= and lived together in harmony for a considerable time. A short period before Mrs. Gill's elope ment, the same cordiality did not exist ; hut what must have been the sensations of the husband on re turning home to find hiS wife and children fled ? Three months elapsed before he learnt any tidings of them ; and in that period he was almost driven to madness ; what greater evil could befal a man than thus to be robbed of his comfort, than thus to have his peace of mind destroyed ? After considerable inquiries- without effect, two of the Plaintiff's friends passing accidentally through Hoxton, saw the name of Hogg on a door, and concluded, from a disagree ment which had taken place between him and the Plaintiff, that Mrs. Gill might have taken refuge there ; when they knocked at the door, their suspi cions were confirmed by seeing the servant who had formerly lived With the Plaintiff; but she denied Mrs. Gill being there. The friends went to the next how, and there saw Mrs. G. from a window. On this information, the Plaintiff commenced an anion for Grim. Con.; and at the time of serving the writ, demanded his wife and children. The De fendant was reproached with his treachery ; but, be ing conscious of his innocence in this respeCl, in sisted on calling down his sister, who had been the constant companion of Mrs. Gill's bed.— The Plaintiff telt some degree of satisfaClion at this, having at first suspected his wife's fidelity, and the Affirm assumed its present form. IVlrs. Gill was entreated to return to her home, but refused : the children, however, were delivered up, and con veyed to the house of a friend. A short time after a reconciliation was effefted, and they now. lived on terms of amity and concord. The Learned Serjeant inveighed with much 'severity on the conduct of the Defendant, and said, that a man who harboured the wife of another, without the knowledge or consent of her husband, whatever might be his motives, whatever cause tke wife might have for 'quitting the proteCtion of her husband, could not be justified ; and he trusted that the Jury would impose such damages as would be a caution to per sons in future. The marriage was then proved. _ _ Mrs. Wardell, mother:in-law of the Phintiff, alledged, that some difference had existed between them-about two years ago; that Mrs. Gill signifi.td an intention of leaving her husband in consequence of his ill treatment, which the mother endeavoured to pre7ent, by stating what might ensue, ThiS conversation took place in the presence of the De fendant, who said, " If Mrs. Gill could help her self, she was to blame if she stopped—that he was going to housekeeping, and she should live with hint." On the 6th of March last, Mrs. Gill called on her mother, and said she was going to her friends in the Country, but did not then disclose the place of her retreat. Another interview took place a few days after, when Mrs. Wardell again recommended her ,daughter to return ; but she ex pressed no inclinatiim to comply with her entreaties, and was also dissuaded by the Defendant. On her cross-examination, she confessed that her reason for wishing her daughter to have remained with her husband, was because she had not a sepa rate maintenance. Mr. Stevenson, a Stationer in Warwick-mutt, Holborn, who was a friend of the Phintes, depos ed, that five or six weeks previous to the elope ment, Mrs. Gill applied to him, to request he would intercede with her husband to procure a separate maintenance, to which the Witness objected. This closed the evidence on the Part of Plaintiff. Serjeant SHEPHERD addressed the Jury in a very animated and impressive speech. He said it was important that it should be understood, that men have no right to alienate the wives and children of others ; it should also be understood, how far rela tions or friends, when they perceive that matrimo nial intercourse is nothing but misery and discord, are justified in opening their doors to the unfortu nate ; or whether they were to be deaf to pity and distress, and thrust a wretched woman with her helpless children into the street. The foundation of this Action was, that the Defendant had seduced the Plaintiff's wife from her home ; but by some means it was possible to judge from the record what was the intention of the parties. This case rested on the testimony of Mrs. Wardell ; and if her story was believed, it must be inferred that Gill and his wife lived in harmony, till the latter was seduced by the Defendant : but could it be supposed that a man should seduce a woman for no other purpose than the satisfadion of supporting her ? For, from the first hour of her elopement, till the present time, his condud had borne the stridest scrutiny ; and could he ascribed to no other motive than a benevolent wish to afford shelter to an unfortunate woman, whom he kne.w to have just cause to be dissatisfied with •the treatment of her husband.—• This motive was confirmed by Mrs. Gill's having stated her .ve rungs, and applied to her husband's friend, to endeavour to procure her a separate maintenance. It was rather extraordinary, that the mother, knowing her daughter's intention, should never have intimated it to the husband ; unless she was aware that he had condoned himself in such a manner as to be deaf to all reITIODSMITIces. The Defendant certainly had placed himself in a situa tion of great danger—a situation in which the slander of the world would say, his charity and benevolence had been extended to the eejoyment of her person ; and it was the dread of these calum nies, which often deprived the unfortunate of an asy lum. Had the mother represented the consequences of elopement, and conjtited the daughter to take refuge with her children under her roof, this action had been prevented ; but as some unknown motive inclined her to another course, the Defendant was the only relation she had, and he afferded her protedion. There were other circumstances in this case which proved that the Defendant's condud was purely charitable. He had declared his intention to support his cousin as long as he possessed the means ; an assertion that did honour to his heart ; and it was to be hoped the determination of the Jury would not tell bins that lie should have barred his door against her ; that unless she returned to her husband, she must starve, or get her bread in a :.way which shocked the feelings of humanity. It was not to be wondered that a woman thus situated, unless she possessed endurance beyond measure, should hide her head in the• first asylum she could find. Some Witnesses were called, who confirmed the statements of the Learned Serjeant, and disclosed several scenes too gross to be repeated. Serjeant COCKELL, in a speech of considerable length and ingenuity, replied to all the statements of his Learned Friend, and said, if men's motives could be seen through their actions, it was im possible ti put any other construction on the condui of the Defendant. Lord ALVNLEY said he was extremely desirous, from the nature of this cause, that the Jury should determine some line by which a man might regulate his condut in reeeivingthe wile of another. In his opinion the Defendant certainly did not merit the aspersions which had been cast upon him, though it would have been ►core prudent, if he had tided with greater caution. The Jury were to consider whe ther the Defendant had seduced the Plaintiff's wife, with any sinister motives, in which case, the da mages coul , l not be too heavy ; but if, on the other hand, they conceived that she had just cause to leave her hu,b4nd, and the Defendant merely afford ed her proteLion, the damages could not be too small, if any. The Jury withdrew for about three quarters of an hour, and found a Verdiet for the Defendant. This trial lasted nearly nine hours. The crop of sugar in the DanishWest-India islands has been uncommonly abundant this year. Sr. Croix alone is said to have exported 30,000 hogsheads. At the end of, the year 1800, the kingdom of, Denmark had 694 merchant ships and small vessels, manned with 4928 men.—Norway, 837 ships and 6334 men.—Sleswig, 427 ships with 1239 men ; and Holstein, 24.5 ships with 3077 men. By the last letters from Norway, it appears, that of eight cargoes of wheat which, since the month of Septerniier, were dispatched to Drontheim, not a single one has reached the place of its destination, so that the price of corn, already very high, has been, by this means, rendered still higher. Yesterday R. Gibbons stood in the Pillory pur suant to his sentence, for a libel on Mr. Shuttle worth. He was brought in a hackney coach to the Seven Dials, attended b'y Mr. Kerby and Assistants. The Sl7etiff also attended, with a number of Con stables. After standing the usual time, he was re-coNdueled to Newgate. A large mob was col; leded, but behaved an a very orderly manner. .D./AUROU, DEC. 18E ON Thursday night, during the gale from the N. E. a Vessel, laden with barley, was put ashore in Fi - sherrow B3y, and now lies bulged and full of water. The hull of a Fishing-boat was driven ashore in Fisherrow Bay yesterday morning. It is supposed to he one of the Brats belonging to that neighbour hood, returning from the herring fishing at Burnt. island, which had unfortunately foundered in the night, and the crew perished. Yesterday morning a Brig laden with grain from England, having sprung a leak in the gale of Thurs_ day night, pushed for the Harbour of Leith ; but there being little water, she took the ground to the westward of the Harbour ; and another Brig, also laden with grain, not knowing the real cause of the first one taking the Harbour, followed her example, and got a-ground near the same place, where they both, he. This day the Court of Session rose for the Christ.. mas rzcess. EXTRACT OF A LETTER FROM EXETER, DEC. 20. " The Succession to Dr. DOWNMAN, as Physi cian to the Devon Hospital, has been most warmly and strongly contended by Doctors DYER and RHonEs. The first was supported by L ROLL E, HOD. Mr. FELLOW ES, Sirs L. PALK, S. NORTH COTE, and J. NORCLII:FE ; Messrs. ORCHARD, COTLSFORD, J. FoRTESCI.IE, CARPENTER, and Sam. Milford :—The last by Lords FORTESCUE, COURTENAY, CLIFFORD, PORCHESTER ; Messrs. CHOLMEL, 8.-‘ , TARD, BULLER, Jack Lerd, and all the Dignitaries of St. Peter's. After four Ballots Dr. D-fER carried it, to the greatest tri umph of one party, and the mortific-ation of the other, by a mjority of fi,q). Governors." Great preparations are making at Fulda, for the reception of the new Sovereign, the HEREDITARY PRINCE of ORANGE. The new Government is and lids annihilated the eight Princes, three Collegiate Abbeys, and the Convents of the Country. By the addition of their possessions, the Prince's revenue has received an augmentation of about six hundred thousand gilders. A Letter from Cumana, South America, dated August 16th, says, '' Yesterday we experienced here a violent shock of an earthquake. The whole country was agitated, as well as the sea, so that the inhabitants fled froth their houses in terror, and ran out into the open fields, where they fell down an their knees to implore, in this case of general need, the protettion of Heaven. The bed of the river Oroonoko rose to such a prodigious height, that a flat boar, which was lying on ir, was tossed with such ~ •iolence as to break the rudder entirely to pieces. On the whole right side of the river new land has appeared, while in anether place a piece of land forty feet in breadth, formerly cultivated, has heen changed into a pool of water. Several homes have been destroyed, and trees torn up by the root. At twelve o'dock,a second sock was felt more violent than the first, by which the houses still left standing were shaking like a ship durin g a storm, so that the people every moment expeete ° d that he earth would open and swallow them up. At eight in the evening a third shuck was felt ; but the last was not so violent as the first two, and little damage was done. The devastation, however, is general, and few houses have escaped without some damage." At the Cape of Good Hope, the 27th July last, the Lady of Major KE LSO, zzd Regiment, Cotn_ mandant of Simon's Town, was safely delivered of • a Daughter. Yesterday as a Gentleman was riding through Somers Town, on horseback, - the horse threw him, and being frightened, ran a considerable dis. tance with the rider's foot entangled in the stir rup, by which accident his leg was broken, and, his shoulder dislocated. On Monday afternoon, as Mr. Glover, a Sugar baker, was returning to his house near the Nag's Head, on the Wandsworth road, he was met near the Stag's Head by three footpads, who, after rob bing him of all his money, and even his hat, cut his horse's reins. The animal being very spirited, and finding himself at per lea liberty, immediately galloped off foil speed, to the imminent danger of Mr. Glover, who constantly called aloud for assist ance, without being fortunate enough to obtain any ; and it was not until he had been in this perilous si tuation for a length of time, that the animal could be stopped on Wimbledon Common. Although the chaise is almost broken to pieces, by frequently coming in contact with the posts on the side of the road, we are happy to state, Mr. Glover sustained no material bodily injury. Yesterday morning, about a quarter before six o'clock, a daring robbery was committed in St. Paul's Church-yard. As Mr. Woodey, a fish monger in Princes-street, Soho, was on his way to Billingsgate market, driving a light cart, he was stopped by five ruffians near_ the end of Paul's-chain, one of whom took hold of the horse's head, while the other four dragged him out at the tail of the cart, where by striking against the side of it he was most dreadfully bruised ; they then rifled his pockets of z 11. 18s. in money, some other articles, and took three barrels of oysters from the cart, leaving the unfortunate man in the road to get up as well as he could. A man of the name of Woodham, was yesterday committed for trial by Sir W. LEIGHTON', the Sit. ring Alderman, charged with picking a Gentleman's pocket of his handkerchief, in Fleet -street, on Tuesday, between twelve and one o'clock in the day. First Drawn Ticket, last Day of Drawing.— The Ticket 17,565, drawn this day a Prize of 50001. was sold •in One Quarter, Three Eighths, and Six Sixteenth S!)ares, at the old establ shed Offices of 1. Bish, N. 4, Cornhill, and No. 9 , Charing-cross, where 6,373, entitled to 5000 l.• as Fik st Drawn on Monday last, was also, sold and registered. The Holders of Prizes in the late Lottery may either receive the money for their Tickets and Shares, or exchange them for Tickets and Shares in the third Lottery for this year, which are now selling in great variety. PRESENT PKIC4. - - £, I 7 IS 0 Halt - - 9 o o Eighth 2 s 6 QUArtek - - 4 to 6 SiNtonlth . r Ticket ,_t.,, Pi ter ei- gb fr f 01 es: Ile ,1• 10 le, 04