The Sun. — London, England, 1802-10-27 00:00:00

f;an 17e ICNDON GAZETTE, OR. 26, 1802. .134NKRUPTS. Hodgson, of Cow-lane, apothecary, to surrender Nov. 15, r.'% and Dec. 7, at ten, at Guildhall. Attorney, Mr. - Brewer, Cow-iane, Smithfield. Samuel Cawthorn, of York, grocer, Nov. to, tr, and Dec. 7, at eleven, at the White-Horse Inn, Coypergate, York. .Attornics, Messrs. Allen and Exley, Furntval's-Inn, Lou dox.; or Mr. Tate, York. iDtvinsigns, Tg•MOKfIOW.:I M9ILS. D4JP. ^greIVED liarnbt:rgh • - Consds. THE SUN. ssoLm DICERY FAL,IUM AUDZAT ? PRICE OF STOCKS. 71:13 DAY AT TIVELVS O'CLOCK. - 69 a6S Omnium -Si 9 Disc. LONDON, OCY'OBEP 1802. AVTER our Paper had been yesterday some time at Press, we received our complete Sets of Paris ,journals to the aa.th inst. We some days ago _in tirnated that Adviees had been received of the Sob jugation of the Swiss to the Will of the CHIEF CONSUL, which event these Papers confirm. When we first informed our Readers of the unfortunate si tuation of the Swiss, we expressed our apprehen sions that 'a sufficient degree of unanimity did not prevail in that unhappy Coontry, to ensure a successful resistance to a French Force, and we find this apprehension too fatally reali?.ed. In the smaller Cantons, the 111411 spirit of patriotism seems to have been sufficiently roused, and the noble Ber n:se seem to have resolved to perish under the ruins of their Country ; which resolution was strongly painted in the Letter which we yesterday laid be fore onr Readers, written by a Magistrate of that place ; but in the larger and lower Cantons, more. immediately exposed to French Invasion, sentiment of •safety has prevailed, and they have parchased life at the expence of Liberty, and Inde pendence. Switzerland may henceforth be consi dered as a Province of France, as every thing in that Country now depends on the pleasure of BoNA PARTI. With a great proportion of the Swiss, however, this submission is forced, and we have no 'doubt but that the flame of Patriotism will again burst forth, whenever an opportunity shall present itself. :What effld this termination of the contest may pro dtlce upon the Councils of those Continental Powers woo arc most interested in nticcking the italliltiOtlS career of France, we will not presume to decide. We cannot for a moment conceive that the question materially changed, since it is of little importance if the Power of the FIRST CONSUL is increased, ..whether it be by the menace of violence, or by the anal exercise of force. At, all events, the 'Principle ailed upon - by France - remains the same, and ought to be combated with increased energy by the Powers of Europe, if . they,have any wish 'to preserve their own IndependeoCe, .or 'provide for their own Security , . . . . The l'N',lernbers of the - Helvetic Senate, that body of men so odious to their. Country, were io re-a - crrnlale at )erne on theritl; instant, and six De_ patieq - were to repair from that place to Paris, to `receive the commands of the CH Tr CONSUL. After all the sneers and contradiaions of our ignc.rant and impotent Cotemporaries, what we stated more than ten days ago, turns out to. be cot. •reet, and BONAPAKTA was to quit Paris as > yester -44, on his intended Tour to the Towns along the Coast. • The Public have for many years been satisfied of our-Enperior sources of Intelligence, which is suf ficie.ntly proved to U 5 by the unt.xampled circulation of our Paper.—We shall only observe, th4t- the same superior and "peculiar sources of Intelligence continue open to us, and they shall continue to be zealously employed for the information of the Public, The-new Plan of IrideMnities has been accepted by the ,N,lajoriry of the Deputation of the Empire. It re - mains to be seen, whether Austria will resist the exe of this definitive proposition on the. part of the ~T4ediaring Powers, Which is certainly highly unfa y;:urible to her interests. A reclamation was present ed by, the Deputation at its fourteenth sitting, 'on the part of the KI NG of SWEDEN, as 'a State of the Em pire, in which His -Majesty expresses his in. guietude, that the Plan of Indemnities should have been in many parts already carried into execution by force, before it had received, - in conformity to . the Constitution,- the sanction of the Eivipg4oit and the Empire. His BttITAIII\IC MAJESTY, as ELECTOR of _I-I,ANoy ER, has - -accepted the cession of, the Ilishopric or Osilaburg in perpetuity, as a compen- Nation for Hildeibeim, Carve . ) , ; and Ike:vier, and other rights,. provided that Bishopric is entirely uriccAitionally:annexed to.the Eledorate„ 'iVlr. PITT, we understand, dined with the CHAN CELLOR of the EXCHEQUER, in Downinz.street, Oft Sunday fast. NAVAL poRTSfrioUTI-1, Ot t, : 26. ARRIVED this day, His Majesty's Ship illokine, Captain SrlLas, from a Cruize ; and the outward. bound East India ship 4:ia, from bonbon, DE :4 L, ARRIVEP from Portsmouth, and remains, His Majesty's Ship Constance, Came down from the River, the fairy, Las ) for the Mediterranean, and she remains wind-bound. Arrived and sailed for the River, the Dorothy, WEL Ls, from Oporto ; and Mineral Strinz, Fo R D from Quebec. PARIS, OCT. 23. TEIE news of the departure of the FIRST CO NSU L for Rouen, was premature : it is supposed, that he win not set out before Tuesday next. _ VIENNA, OCT. 6.—An Adjutant belonging ,to the Emperor of Russia arrived here on the 3d inst he was charged with Dispatches of great import. ance. He had a long conference with the Count Con Er 4 E ;it is hoped that the business at Rat_ bon will take a favourable turn. The Note which was, presented, on the 13th of last month, to the Deputation, by Citizen LAPORET, has caused a long Conference here ; after which it was resolved to send Prince CHARLES, of Arensberg, to Paris, to represent to the French Goverment the insufficiency of the Indemnities allotted to the GR AND DUKE of TUSCANY. VIENNA, OCT. 7.—Mr. DE GENZ, who has . quitted the service of Prussia to enter into that of Austria, has been sent by our Court to LondOn. The Baron St MRSE:HEN, who commands at Brunn, has received orders from the Council of ,War to visit the Coasts of the Adriatic, and the Frontiers of Croatia and Esclavonia, to give direaions for the necessary improveMents to he made, and to make a detailed report upon his return.—The number of Austrian Troops in the Tyrol has been consider ably augmented. • LAUSANNE, OCT. I4.—According to the Inform ation, communicated by General RAPP to Citizen DOLDER, all the Articles contained in the Procla mation of the FIRST CONSUL, have been agreed upon, by the Diet of Schuqtz. Their Troops will be disbanded, and all the insurreaional Authorities wig be dissolved. LivosA: , NE, OCT. I 5 learn from Berne, that the Confederate Army has been disbanded : thus nothing opposes the return of the Govern. anent _to that City. The first Helvetic demi_ brigade set out from this place yesterday morning, and will arrive to-morrow evening at Berne. LAUSANNE, OCT. i6.—The Senate decreed in its last Sitting, that all the Members should assemble at Berne on the 18th. The Executive Council will set, out to-morrow. M. de REVEREAZ, who was in custody, has been set at liberty, as well as several otnci persons who who were arrested in the Canton of Vaud, for their political opinions. The French Minister, VERNINAC, set out yesterday for Ntllf_ chatel, from whence he will go to Berne, where Gen. RAPP has resided these two days. BERNE, OCT. t 3.—The Commission of State has published a Proclamation, in which it declares, that the Swiss are not at war with France, and that every thing ought to be done. consistent with ho_ noUr, to preserve the ancient relations with so power ful a neighbour. BERNE, OCT. 4.—We are assured that the De puties from our City to Paris, are appointed ; they are Six in number, among whom is M. Mtn, INEIT, the_sitins who was before sent by the City of Bcrii6 in a similar capacity. CORN EXCHANGE, OCT. 27. THIS day there is a middling supply of most kind of Grain, with many of Monday's Samples unsold, although the sale is heavy, they . nearly reach our last prices ; we have not many parcels of Batley . and Malt, the best quality' is rather. high, and inferior sorts as before; Pease and Beans have a more ready sale ; the former are dear ; there are lout few arrivals of English and Foreign Oats ; the best and inferior sorts continue to maintain their prices ; Fiour is stationary. . I.Vhcat 4.4 s a .52s a 62s od Fine ditto -63 s a 64s od Malt -43 i a 47s 6(1 Barley. z3a a 27s 6d Rye - 3Z a 36s od White Pease 47s a sts ed Bemis ;,Zs a 35$ 6(1 Tick Beans -23 s a 32s od Oats 14s a 18s a 23s i,)(1 Poland ditto 24s a z 6d Rape Seed 331 a 361 per last hue Flour sus it 54s oci Seconddo. - 455 a sos ocl Ttz E THE AIR. E .--The succeSs of ST EPHEN KENC. ELE in the Play of Hear) the Fourth, induced the Proprietors of Drury_Lane Theatre to renew his en gagement, in order to bring him forward in The Meru Wives of Windsor. Falstaff is placed in such difil!rent situations in the two ?lays, that abi .lity in the one does not necessarily include equal ability in the other. In one, the fat Knight plays upon others ; in the other he is himself played upon. In the one he displays his wit and hu mour ; in the other he is chiefly occupied by his hopes, his fears, his dangers and his disgraces.— Mr. Kt:m:3LE, therefore, having acquired so much credit by his first performance, ran some risque in venturing upon the other. Ile has, however, no occasion to regret the experiment, but, on the con trary, has increased his reputation, by sheaving the variety of his powers. Ford was very well sup_ ported by WRouctrroN ; and the Merry IVives Were conspicuous in the hands of Miss Port and Mrs. HARLOWE.—COLLI NS displayed charaderis_ tic simplicity, in Master Slender. This Ator, we foresee, will be a great favourite with the town. The House was crowded. Yesterday the LORD MAYOR ordered the • price of the Quartern I,of to continue. at iod. Wheaten, and Sid. Household. Yesterday was married, at St. Margaret's, We , t. minster, by. the Rev. PHILIP YORKE, C . NI CHOL MORRIS, Esq. Captain of the Royal Navy, to Miss MARGAR ETTA SARAH COCKS, Second 4 claughtyr of the late TneNtAs SoM! ) !TFS C'; Esq. Pi4ILEY, TEESDLY I OCT. St!, ADMUZALTY SESSIONS. LYillirrm Codling, John Read,George Baste+, and WillignrM'Farlane, were indieted for wilfully and feloniously destroying the Brig Adventure, bound from London to the Mediterranean, off Brighthelm stone, on the Coast of Sussex, on the Bth day of August last. Theie were a variety of counts, charg ing this offence on Codling, as - the Captain of the Vessel, Read, as Supercargo, and M'Farlane and Easterby, as Owners of, the Vessel, with intention to defraud certain Underwriters, named in the In diCtment, of 90001. for which the Cargo had been insured by them. Mr. MAR R Y AT, opened the Proceedings on behalf of the Prosecution, and Mr. GARitoW addressed the jury at considerable length. He observed, that the Indidment charged Codling and Read with be ing the ading Principals in the . destruCtion of the vessel, and M'Farlane and Easterby with procuring them to do so. This was an offence made capital in law, and when the Jury refieded that in it was involved the life or death of four of their fellow creatures, they must consider it, in that point of view, as a case of very great importance. It was also of infinite importance to the Community at large, inasmuch as it involved the vital interest of tuts great Commercial Country. The policy of our laws not only allowed,but prote&ed, the Insurance of Pro perty, by which these risks and losses which might be too heavy for individuals, were distributed amongst many, and thus came with less pressure in cases of ' mishap. In England alone, where Commerce'had arrived at so astonishing a degree of eminence, was it, that a certain, though a comparatively number of persons carried on the business of insur ing from Risk, not only our Commerce, but also that of Foreign Countries ; but there would be an end of those beneficial Institutions, if frauds and crimes of the nature they would now have to decide upon, were not fully guarded against, and very severely punished. There was , one thing which he ever did, and ever should, consider as a part of his duty in Prosecutions of this kind, to submit to any Jury he had the honour of addressing—which was to caution them against suffering themselves to be warped by prejudices. Prosecutions of this nature were always apt to be made the subjet of conver sation and discussion; and if, unfortunately, they had heard, or read, any thing relating to this affair, which might have, a tendency to operate against all or any of the Prisoners, they must discard the re, tolleCtion, and keep their minds open only to the evidence. In the same way, if they should hear any observations from him, which the evidence did not afterwards confirm and support, they must not suffer it to operate upon their judgment, much less on their decision. The Learned Judge who presides in this Court, in his Charge yesterday to the Grand Jury, so fully and ably described and pointed out the duty which Juries had to perform, that it would be presumption in him to say any thing upon that subjed. Upon the lave, as applicable to the case, he should also abstain from .saying any thing at present. They would find that sufficiently laid down to them by the Court. All that was further required him, was to explain the nature of the case, and make it intelligible,. to describe the sort of Evidence he was instructed to bring forward, ; and, lastly, to conclude with some few general obe ' servations. He was not aware of what defence his Learned Friends would attempt to set up, but if he was rightly instrkted, and should- be-enabled to adduce such Evidence as he was taught to expel, he had little doubt that the case would be clearly and irresistibly made out. [We should be desirous of 'reserving the circumstances of • the Case till the regular stage of tile evidence, but a short abstract of the Learned Counsel's narrative is here necessary for the purpose of rendering more intelligible the applic;:tion of the comments he made upon diffitrent circumstances-4 • • The guilt of destroying -the ship, though persopal ly_performed by Codling and 'Read, vas, equ illy imputed to them, as would . appear from the state- 1 ment he had ,t 0 lay k4efore them. The vessel in question, he said, had been purchased at a pUblic sale i n M a y or June last, at which time it should seem that the Owners, Easterby and. Warlane, had this fraud in contemplation, from a vatiety of cir cumstances. It sailed from London for Yarmouth, in July, under . .the Prisoner Codling, and Though. The Owners bad insured it with different Underwriters, • it was short of freight, and had r's l tons of ballast. A person of the name of Storrow was then ' cargo, but quitting the • ship at Yarmouth on z ac. count of a rheumatic complaint, was SiieEeed - ed in . his emplOyment by Read, one of the Prisoners:l.By the departure of this man, ,the vessel-Was also with. out a Mate, and the Captain, instead or looking out for a' person duly qualified, offered thatfliitth to Cooper, then a common sailor before •the mast.— Cooper feeling himself inadequate to the task, from his being ignorant of Navigation, told,hiin what was the Captain's condua:upon this ? Why, well knowing that he did not mean to go to Gibral- • tar or Leghorn, he was careless of. the qualification,' and said, it would be sufficient if be. behaved to-his: satisfaaion ; .upon which Cooper . was appointed. Upon sailing from the Downs . , the Master told his : 1 Mate that the , ship was in no condition to- go • through the Bay,of.Biscay, and woad .soon be•de stroyed. He added, that -he was himself a' clumsy fellow, unable to go down the ship's side to bore,a I hole in the bottom, and commissioned his:Mate to peiform that service for him, telling him he would' an auger in the, cabin Tor that 15urpdse. He then took the helm himselfond employed the rest of the crew aloft in handing the. sails, than they • might not hear what. was going forward. CoOper! went down and bored three holes, when the rushing. in of the water being heard by some Of the crew,, the Captain said it was no more than, the beating of the water aoainst.the ship's- side. Read, he must confess, had taken no aaive part in this . transad . ion, though, as he must Have heardit,being in bed near the : locker, it was' evident that this os6e, of Supercargo 'was meant., to superintend the destrtiaion of the . ' ship. In order to . give a mote free admis'ion to. the" •Waker, the Mate was ordered down igain to inal:* a. Istrcrer hole, antl to. rake out the auger which te,inained; in one or the holes already trade, which he a c on rd. ingly:did,..anktlieyell got into the boat, where by the positive injunttions'of the Captain,: nailing was, admitted t out kw I oars, and plenty of tholes between - which in nwing, the ears are alwAvs inserted: It may be asked of him, how he c4luld prove all this ? It was true, that if in Cases of this kind dircrt ' witnesses were required to the facts them , e!.ses. prisoners might frequently escape; but the wisdom of the law had provided that these inevitable de ficiencies might be supplied by strong circumstances, and other sufficient proofs of criminality. Cooper, who shoUld be called before theca, undoubtedly stood in the light of an accomplice. He did nor_ mean to represent him as an innocent man.; anti certainly if the ease was left to his evidence alone, and every thing depended on the credit to he given to him, it would be going too far for any ju r y to convitt the Prisoners. If, on the other hand, his . evidence should, be strongly confirmed, he would then stand before them as a competent and credible Witness, and the Jury would have only to ask them selves the question, whether they believed the evidence or not ? He was well assured, he would ' he enabled to build Cooper up, and surround him with a rampart =seta tower of confirmation, so that his credibility could not be effectually assailed. This • tower of confirmation would be built upon the conduCt of Codling, who, before the crew took to the boat, made the signal of a ship in distress, . upon which some of the look-out boats, which al ways surround the different coasts of England, im mediately came up. This, however, was somewhat too soon to answer the Captain'spurpose ; because the skill and intrepidity of these assistant Mariners would no doubt, at that time, have effectually saved' the ship. He and the Mate got into the vessel again, broad trimmed the sails, and put the helm about, as if endeavouring to steer it into Post. When the Brighton boats came along side, Codling. desired them to keep off, saying, the ship w:fd his, that he would stick to it to the last; and that they must not coine onboard before he left it"; that i: , was, in vain to do any thing, for the, vessel must _ go to the bottom . . 'He. would leave it to the in.. • telligent Jury he was addressing, and whOm he waa glad to find conversant with these things, ,whether this was the conduCfof a man who thought himself : in danger, and who wished 'to preserve either the • vessel or the cargo ? A Government Cutter then came- teiy-whieltsetssuming ..more .authority, endea. voured to,get the ship, • then on her broadside, to rightis by 'throwing a hawser on her ; but their efforts were in vain, and, she, went to the bottom . „ He had 'heard it somewhere doubted, whether it could_ be called destroying d theship; •if it was no; quite consuM4sTentiiily ailieirrci Werrisbrstit would not, unless urged to i t more seriously, tak4 the trouble of refuting an objeCtion of that kind s as .he knew the Court would nor,' fot a moment, ens, .. tertain' it. He would not deny, that the Vessel was not destroyed itn.Substance, as the . materials of it, still remained; 'but',it was certainly destroyed for all the•purposes of the voyage and if the objeCtion was good in laW, the case was at an end.. Alter she; , Vessel Was cast away; or destroyed in the manlier just described, ,the crew. repaired to Brighton, - awl put up at the Old Ship Tavern. The news ,soati reached London, and suspicion of foul play arises ing, Mr. Douglas, an. intelligent Gentlernan,' . was dispatched by the Underwriters, to Brighton, where Easterly and M'Farlane. ktd arrived before him, —lt was evident, he said; that if Cooper:had ttsua scuttled the vessel without the knowledge and the. dirdlion of the Captain, the latter would have remainedat• Brighton-to have superiutenaled_alliov upon • the 7 spot. 'lnstead -of this, however, Real( took•Ya place for.. him in the stage, under the feigned' feign 'name of Postardo; and on his • arrival` in -London, he•wrnte- back to Read, that, pursuant 0 his orders; - he was going to Colcheater,to seek for • ,the . packet,.or byeshoat, or even a . collier,in whiCl l • he might •leave she kingdom, and.proceed to H,lrar burg. By . 'the ,aCtivity ,and vigilance of Mts. ,Le.vie, this letter,.was - intercepted, and Mr. Loot'-'e glas, hin order to•trace Codling, - proceeded to. flat wielts,. but could hear no . aceount of _any such names He then' took; a :,boat 'and went' in porsait of-, -packet; but on:overtaking:it, could learnsOf no soll man , as Cridling Oti, boards ' He however heard of .a Mrs 'lin:it-gate, 'no long Postardo, whonon bcii - ig produeed,tlittieds out to -be the-very identical mail .4e .:%yis in qUest,Of.- If . all thest'faCts were made out, and it.should also . be; prOvAl;:tfrilt;ofe • rest OS 'the ems; were not !suffered by-the Captain w go I 'doWri while Cooper wets ' busy in 's risaking 0;7, holes,-hes-kneashsnot witat wtl. oaf charit . Y e'en eon? make the ;Jury hesitar *w i shes guilt aCodling• --They would next: bas7e ato: mustier.; Ilse . *circarli stances ~?shich regarded. ilas t terbys and."M.. 4 lParl'aner the isio owner's - ' . 7 . 11 4 4 olfstte"charged assainsr -them .eras, their having — Pro&iitsd•ciidling to.destror . _ the - . ship7o the prejudice ::of.sthe Underwriters- Here he. Conceived "ablifidant fifboes N'irould: be foll:l.ii in the-fat - 1s of the cargo:itself. -,;_,Thi s was not 0 'general vessel. for general' purposes - , into svhielsainr - -man may convey Ins goods; •but: a priv'are .ITip-erri ::oioyed for a particular purpose. The.objeft of Eli e two , Owners, merchants in the • City of Lonsi° ll ' ' smanifestly was tossprocure such a cargo of g oods 4' li'otilel: give a , colouc 'to their transattions, and e'lli F . able . them to.receoilet y' 11 Upon this cargo. saCtually insured to- the arnOunt.,nf - .0 001 . ! and ar' . tempted;in various - placess. insurances. as higli s o. s • ;.., ~t3,_odol. In order' to .reCOVer - frism . the Under' writers, in was necessarYsTharstfie`invoices s hook' be pioduced, .and- the liberal conduct• prevailiq i fsetweerrsthe s Gest4sien at Lloyd's and-the Merl chants of the City of London, made the'produeo o of these invoicesS;tenerally- sufficietst ; but whe re suspicions was excited, the bills of lading 31 °t occessaill}r"k brOligit ~ f6iward.' - In this insta n c e ' ' . the two, Proprietrsrs' procirred fabricated , invoi ce : . e .charging the 06(15- sit - a`o oi 4.0 per cent. ob ° ,.. their' 'yeal Value s :and:heo,vould. ask, if it was phis sible they. could - co'uld,. have: any, 'other motive for -t but to serve. the asurPoses s of.lmpbsition ? Co.'"iri,,, ', 'was . involved' in, these'tbills of lading, .wh.f eh ,, e t it signed, though he - rrifist have known perfealy'saiso that the goods. were -neVer 04 • hoard. Ve A passed his coCkets 'at the Custom-house, and n r i s manifest on the inveritory . of goods, which to Sup. knowledge . were taken out by Eastethy : .bu r, t he posing Codling to be . entirely out of the cas e ' crt s, two Owners .were. to 'account for their'fals e s` • ll ce fieateS. — On this . subject Mr;. Storioses Fi vijc i o .. would, be very material, for he was not at a i l loc h plicatecl in the .ceise, ; : s t:hi s ugh ; he :Was 7 . q I. Y. ;/, fils connected tvith him, hathbeen some voyaBes*