The Sun. — London, England, 1805-03-04 00:00:00

,je3ty'a Tribune Frigial ran gir Moo t If Dart- 1 of this ►ir 'Wm. ry, have he Ships G Lon' Ships commis. :xpisaei "ritiqb , braltart le Pri%Ct refitted; Nosh 'IAI Ye le 74g UflS )r a 161( ext Es it Fecegst) by COn* h e Line, Nla►f , al nnir 74 g 74 gill* j o in tiO Y ates, 'lt Of ig ig °lt 11n Ch°1" i er i°ll ° I exile yestadaY J am aica the 94 SinCe 11le e accOuniel E Yf cstY si t he st An clev er' 0 14 ors er a ' tto ceed s , ft!, rec t o on cos , ship dor) ! .40 ,14 EpCl5 lOO , ptoPq ro l e pt, tttf o dUr" k, io die 174 0 1 "r 1)3 31 O rli f 411 1/° ; 01 ) 01 11 u l orn o r o r 'A lier h Ols n oco l if 0 0 011 c ;4, r , 30,1 , o0eo! ' P " r J it )f c es °I o of o eJr thg ri - , ° t o 0 00 t ' f et 130 )° pre 3 l es Clb re ° le At P ft; too ti 1 114 '31310 DUBLIN, FEB. 28. f.RISTOI, MAic OH 2. Wo are ha ppy to state, that the report or the Mortality amongst the Freneli Prisoners at Staple_ Inn, near this City, has been greatly exaggerated. There has been illness amongst them; but we pledge ourselves that 'it has proved fatal but to a few, and that the distemper Got of that fatal kind which . has been stated. Government has manifested the most anxious solicitude, not only for the care and teeovery of the sick; but to prevent the extension 01 the malady, ..... Oti Thursday night 1a5 —........ t about the ho ur o f ten `o'clock, the house of Mr. WILLIAM BURKw, of littlfinan, was attacked by a Gang of those Ruffians who infest the Couniy Cork, and after lareakirg °pen the door, which was locked and well bolted, they entered the house and robbed bins of upward, 01 3001. the hard earning of many years laborious industry. On Thursd a y even i ng last, about three o'clock, the Post.boy conveyin the Mail f rom W atei f, r d . tc ,', Cl "lllei s was g met abou t t h ree m i les from Clon. mei by three men, who robbed him of the bag, with which they got clear off. Them Battalion of the 89th continues at Cork, together With the Queen's County, Tipperary, and S ' 3 l uth Mayo Regiments, two Companies of Pistil lerY, and two Troops of Light Dragoons. It de serves to be recorded of the 89th, which is an on. has fine h Regiment, 940 strong, th at t h ere as not been a duel, or General Court Martial, in it since the year 5793, w h en i t was first embodied ; latitabl e 4164 What is NI less to it s honour, k has establi s h e d a o 211'e Tree !appli e d With funk from w hi c h t h e wives of Soldiers proper thi ngs durini sick n e ss , ac id a guinea on lying-in ; and, which, amongst otherl eXcellent things,' provides such education for r_.le. Soldiers' Children as is calculated to render :! Ite fit useful to society and themselves. This meri. iioa3 institution is supported by a day's pay from Fr m"V ~Y Person in the Regiment, and by all fines, Ike. the next stage north of Cork, and which, ilootne, erhe Cm ueing ten years since a nest of hovels, is be. pa the handsomest, and amongst the most u . t ts log villages in Europe, is, from its conti- R ve u ltY to several important stations, made a perrol -4 mot Post for three Battalions, besides Cavalry and c f rin itq; the ad Battalion of the 28th form part The &qv, form Poo Regulars at present quartered in this place. part of the Garrison of ICinsale. i, At Bandon there are tWu Squadrons of Light saTuragaons, four companies of Artillery, the 97th, very Gee German Regiment, and the ad and Sth , fine Battalions of Militia Light Infantry. ti fne 2d Battalion of the 4.Bth is at Mallow, be. aides Cava! rY i &c. ti',„4 detach of Artillery, the 18th Light Dra s) nth Foot, an uncommonly fine Light In. ditty fatty, ar igilde, and the King's County and London. Iteg lrm Gar r . Limeyf Militia, colitinue to form the Garrison of ick. i Ift, ..m......... ••••rrw.....,....P , I lit OtigltA.--i/ Ratio di Proserpintz drew a tikruus Audi I! to t;.te King's Theatre on Sa et4tdaY 1"S• Mrs. BILLINGTON WaS finely in ) and exerted herself with her usual pace heamlittrA was laudably emulous, to keep pace ' l .' I i n t ; 4 A NI was very' successful. At the end of the but f t " a neW Divertirement was brought forward • I • " contained nothing striking. As Madame ciiiallAYes •is not yet recovered, the dancing t tiltnY devolves to PAttlsoT, who was much at n te ll in n pas Jetd: th:c.,ll4ADok, the CoMpOser, according to report at o pera 'l.l Saturday, dead, and STI.I. 4 11. T ~ -.ous t on is A, d e parte d ---- from this Country. of kilkedy, It is laid, is forthcoming l e l i e g h „ ',. 1 ,„"e key. Mr. MARICE the learned Elisio. from . the W . " ,t),i rlindostan, and the Author of many Poetical Ks of • ". /0 "IstingUltlheti merit, ono, so th s;%. p .trry had, as usual, a crowded audience ptriZtltdYat Drury.lane Theatre, to his ja —atl ee of Daigle'', The Farce was The Devil formed I : 91 and Miss Dutscistr, for the first time, per. a p nl io e i d t I l e Part of Nell. This part was so well e ta tl V —e " by Mrs. joItDAN that it was an arduous table t ° by so popular an Anress. But Miss ti ke,,A3' how so playing from her own concep. ti: bl S av e an air of original spirit to her represents. d sylVll or . it, and was much applauded. irs'i()ltnAN's accuichement took place on Fri. iwintirni"g, when she was delivered of a fine boy. Our D e are requested to contradict the Anecdote in ki r .",l'er. of Friday last, reopening the late Lion. hi' romv str, as we are assured, by a very near is ! il l% of that WY, that the Anecdote in question ' totally inconsistent with her charaner anti habits, .„. e _ )0," Cautt•Martial appointed to try Lieut. Col. 441.qNs consists of the following Members Earl of HAa.s.4NoroN, President. Ceneral Craig Coionvd Spencer, • itutenant.4n 11 rr's Cl- tcl Johnston, 4-‘1,4.i.-Gen Wniiel al.: collie' Layard, Sdr',lq.i. ten.. Finch a( e- I.4:innCol. Carruthers, l;PrdSothampto'n Lieut.-col, Niontresor, John Stewart, ' Lieut.-Col. Cladstanes, olonel Pa t Lieut.-Col. Hay. : . . . tull e l4 Coortgeetirnrpenced Ito Sittings at the Royal ~.es Chelsea, on. Friday. Disvy s • state otrrit Wattas..--The following accurate ._ _ ttivelnenti received by the last conveyance. will f i 1 0 shew the growing prosperity of this in. nt Coluny AC R ICtiLTU RE, &c. si2A6I2oS A undo cr ops for the public. ' --cres loc ated 6 -i ; ---- - • '- ' ...,......H'7•IS total toeatel. 9 ! lax IQ o f or i wrk. --- will soon h ave ao—and of them .to lo te,._ el.oth. r " 01 Hemp, sewed with seed from India. st,t3, n tl.b 1 CORN IN STORE. 6 t, 5 , 6 . 4 c s of Wheat, besides individuals. p i of kiizes besides crops to riper in December. ,38 40„ , _ STUCK. 1300 st..„.*„B' 3z.4 L.:attle. 16,c0r Shup , 2pa Coats. --4e."—Total 37,403. 7 0 , ___, POPULATION-. sai ........_..rhOUS at Sydney, Sze. I%LA, ----- iluhhard .. , slangl fettlernetit to the So u th, tits -. ..,..,, ------ "-- Norfolk. Linploycd fishing. 3'.--ii6 rnaltltti4ed at public expence. LAW REPORT. COURT OF KING's BENCH, IvlAßcu I. WUITEWELL, ASSIGNEE OF SIZER, A BANKRUPT, v. PALMER. The SOLICITOR-GENERAL stated this to.be an Align of Troyer against the Defendant, for con. , verting the goods of the Bankrupt, by taking them in execution for a debt of his own, in preference to all the other Creditors, after he knew that an Ad of Brinkruptcy had been committed by this person, and after notice' had been given him not to sell, for that the whole of the property would be claimed by the Assignees of ate Estate for the general benefit cf the Creditors. It appeared that the produce of the sale was 28911. Its. and the SOLICITOR-GENERAL consent. ing to take that sum, a Verdict was given for the Plaintiff accordingly. HARRIS V. CLEMENTS. Mr. GARROW stated this to be an Aftion of Slander ; the Defendant having said of the Plain. tiff, " that he was a thief, and he would prove him so." The Plaintiff and Defendant were both chaise. drivers at an inn, in St. Albans. The words were proved by three witnesses, one of whom said she was only a distant relation of the Plaintiff's wife—afterwards she said she wag her sister. LORI ELLENBOROUGH Ii The words are prov. ed; you Gentlemen of the Jury will say what da. mages are fitting in such a case ; it is a pity it is brought here." Verdict for the Plaintiff—Damages, One Shil. ling—Custa, One Shilling. FULLER V. LORD KINNATRD. This was an Adtion .to recover the value of it Bill of Exchange which appeared to have been forged. The Plaintiffs were Bankers, and the fentiant was alsd interested in a Banking-house.--- The Bill in question was purported be drawn by a Mr. Foreman, at Dresden. According to the cus. torn of some Bankers, Mr. Foreman, when he went abroad, was furnished. with a letter of credit upon different people on the Continent, His Bills were paid by Ransom, Morland, anti Co. in the first in. stance, and repaid by the Plaintiff, to them. Mr. Foreman drew 13 Bills from Dresden, of which the one, No. tt, tor 1211. 14S. was forged. It was, however, paid by the D , :fetAints in the first instance, and by the Plaintiffs to the Defendants again, neither of them having discuss erect the for. gety until some time afterwards, when Mr. Fore. man came to adjust his accounts. Without hearing any evidence, Lord ELLv NllO. ROUGH said, it appeared that hoth• the - Plaintiff and Defendant were innocent parties, and the loss must remain where it happened to fall. There was no reason to remove it from one to the other.—Plain. tiff non.suited. SATURDAY, MARCH 2. THE HON. ALLAN HYDE GARDNER V. HENRY jApp, E. This was an Aclion for Criminal Conversation with tilt! wife of the Plaintiff. The damages. were laid at io,oool. Mr. ERSICINE" The Plaintiff is well known as a Captain in the Royal Navy, and as the son of Ad. miral Lord Gardner, , who has been created a Peer of the Realm for the distinguished services he_ :has rendered, to his Country. • It is an aflliding past of this case, that ) in consequence of the illicit connec. tion of the Plaintiff's wife, a proceeding has been in stituted in-another Court, to bastardize-the children. Every well-disposed mind:must be seriously dia. tressed at this circumstance, since the sun ' would otherwise have inherited all the honours of ; the family. The fail ~now charged will be made out, without any room whatever for controversy. The Plaintiff mauled chip 14'14, Miss Adderley, in the East Indies ; the ceremony was perforMed at Lord Hobart's, .at Madt•as, who was present on the occa slim. Sir Alured Clarke will depose to this union, effeaed with the observance of those sacred rites. religion and Policy have enjoined. I shall shew they lived happily together unlit the Plaintiff was obliged, on his publi c ditties, to absent himielf from his native land. :In — March, 1796, he was married; and in December of the following year • he returned to England: They remained in this Country until the month of May, 1799, when Capt. Gardner was appointed to.the Ruby ; and, subsequently to this period he was nominated to ,the command of the Resolution, of 74 guns,stationed in the British Chan nel. The utmost harmony prevailed between them during all this time ; and so anxious did, the wife ap. pear to av ail herself of every o pp ortun i ty to o b ta i n the society of her husband, that, on the Ship's coming into port, she condescended to repair thither in the Mail Coach; she remained at the port until his de parture, and then returned to the house which was provided for her reception. In the beginning of Ja. nuary, t Soz, Mrs. Gardner went on board the Reso- • lotion,' and remained either on board or in port until the 3oth olthat month. It was not until the 7th' of February however, that the Plaintiff sailed finally from England. The evidence will make it appear, that after the 3oth of Jan. she could have no inter.. course with her husband ; but posterior to the 7th of February', it was an absolute impossibility. To. wards the end of July, t Box, Capt. Gardner returned r , when he found his wife pregnant. The length of time that she had been in this situation must he un. known to him; she pretended that she was advised, by her Physicians, on account of her ill-state of *health, not.to cohabit with him ; he consented, and he,ofterwards found she was delivered, on the 9th of December, of a male child. Comparing than the dates, it will be seen, in a moment, that this child could not be the Plaintiff's: On the 3oth of Janu. ary, above said, she quitted this Ship; from this date, to the 9th of December, comprises a periOd of forty-four weeks and three•days; but if you extend, the time io the ;Altai day of his sailing, there is still' an interval of forty.three weck3 and two days. Both these exceed the time of the gestation of woman by the laws of nature. There have been many contests on the precise limits on this subjea, and they occur in some of our old books of lav6. • In Edward the Third's'rime we have several, and more under Eli. . . '214 - Leth ; the whole subject is summed up by, Hai. grAv ‘ e, in his edition of Coke upon Littleton. There it appears, that an infant was born per undecim diet tort ultimumtempus legitimizmmulieribus covititutum. legitirmuns temput,in that case,appointed by law at the furthest, is nine months, or forty weekQ. But we shall be able to establish that the Defendant is atinally the father of the child. ' The Lady, I un derstand, is one of thc.most beautiful creatures that the eye of man can contemplate. lam aware, that when it is necessary that the husband should be ab sent on important duties, the loveliness of tlie wo. man may be rather considered a misfortune than an advantage. When an husband, from the accident of situation, can proted the honour of his wife, then thr beauty of the sex is not only the highest, but the dearest and most desirable domestic ornament : but when the natural guardian of her sacred virtue is absent in a remote part of the world, however such an acquisition may embellish life, the danger of violation is serious and oppressive. It is impos sible, in this case, fur the husband to detail evidence of the progressi stages-of this connexion, nor is it all necessary, fur the proof of the lad is com. plete." Sir Alured Clarke, examined ty Mr. DALLAS. The witness said t--" I was present at the marriage ; the ceremony was performed in the Church at Fort St. George. L? , rd and Lady Hobart were there, and, I think, Mr. Addetly. The PEaintiff was at Madras on duty ; he had the Command of a Ship, and, I. believe, is the eldest' sun of Lord Gardner." On his cross-examination by Mr.GARROW. the 'Witness said :—" I (10 not know when 141 r•. G trd. ner returned to England, or the Ship in which she returned. She was very young and very hart:l4oloe. I am unacquainted with the Defendant, but I under. stand he is a nephew of thy Earl of Strathmore."-- Susannah Baker was nest called.—She sai 1, she lived as servant with Mrs. Gardner: site went, in July 1831, in an inferior capacity, but in August she became waiting-woman to the Lady. She went down to Plymouth with her, where Ole saw the Plaintiff, who was then going to the West Indies. They stayed more than a week there, and Captain Gardner and his Lady appeared to be very fond' of each other. When the Ship sailed her mistress and she went upon a visit, for three months, to Mr. 'and Mrs. Wolsley's, at Brockton, in Staffordshire. The Defendant was also a visitor :here. The Wit ness had no opportunity of observing, at that time, any peculiarity in his endue. After they had been in town three weeks the Defendant came fre. quently to visit her mistress. They used to cor respond befere. -Mr. ERSKINE.—" I am anxious, my Lord, to ascertain, precisely, the dates, by this Witness, not merely for the sake of this cause, for the proof is re. dundant, but to assist the determination in the I - 1 :use of Lords." Lord ELLt Neon oucti.—" It is not necessary to go into what is collateral. The L no doubt, will make due inquiries, and they will not look into this cause for what should not appear - to it.'' * • Susannah Baker pr.lceeded.—The Defendant saw her mistress from time to time in town. Upon particular occasion he came to the house, and went up. stairs. The 'Witness was t ting . Ur... 1334; rews bed.room when they entered. The Lady- said shc came to look for a fan, and s!te desired the Witness to go down stairs. and fetch her some broth. The Witness complied, and when she returned they were in the drawing-room. The bed • was much tumbled, and one of the blinds was down. The Witness then deposed to the visit at Poroonouth, giving the dates.and particulars, as stated in the opening of the Learned Counsel. She then cunti. nued : the house of her mistress was in Portugal_ street. She used to go to the Defendant, who was at Lord Strathmrlre's, in Conduit.street : his Lord. ship was not then in town. She often went to din. ner; the Witness accompanied her; and they did not return frequently till four o'clock in the morning. At Lord Strathmore's the door of the apartment where they were was generally locked. • One day Lord Hobart called in Portugal.street—(We under. stand his Lorcidtip married the mother of Mrs. Gardner).—The Defendant was then at the house ; but as his Lordship came upstairs, hastened into the back drawing-room, and did not make his appear ance while Lord Hobart was there. The Plaintiff returned to England in July 1802 ; he was vet y and was attended to town by the Surgeon of the Ship. Her mistress was then in a state of pregnancy; s he did not sleep with her husband, and said her Physician ordered her not to do 'so. They re. moved to South Audley.street after ant return of t he Plaintiff. In that house - she saw the wife of the Plaintiff and the Defendant in bed together. — Her Lady was brought to bed on the Bth of Deem. bet. It was live or six weeks . i.fter the bitth that she saw them in the situalori she described. She frequently left her mistress at Lord Stratinnore's, where she remained all night, and she received di. realm - is tip meet her next morning, about nine o'clock, in one of the adjacent streets. At • those . times Lord- , Strathinotessfatnily • were out of tow n, . and the DJenclant always opened the hall door f or her mistress. _ Admiral Caldwell said, " I have been intimate with the Plaintif froM his infancy. l•knew. him a Midshipman, a Lieutenant, and a Junior Ciptain. I saw him a few days after his return, at Lord Qard. ner's. I saw her a hundred times. To my taste she was nota handsome wortain. They appeared to me to live . affeetionately together. They were,,for a year, next door to me in Charle3.street, Berkeley. square. I cannot recoiled the time of his appoint. tent to the Ruby, tint I remember his having un. der his consmand the Resolution, upon the channel Service.' His wife dined, and drank tea, and cams to card parties at my house, as often as other peo. pie. ,, • Mr. GARXOW, for the Defendant Th e first Witness, Sir Aloud Clarke, from 'a point of con. science, has desired me to add to his evidence what before, from want of fCCUlitaidt), had escaped him, viz. that he had seen the Plaintiff anti his wife since his return to England. I am Counsel fur this on. fortunate young man; but I wish to suppress no. thing. I shall give. you little trouble, because I seen conincell of your moderation. I am aware ytiu must iiod a - Verdia fur the Plaintiff; but I believe you will nut be diapoaed to ruin my Client. I am . . not inclined to quarrel with vercUal for lasge riages where you see in art!:;( man engaged in a long course of systematic scoltollion, violating al the laws of honour and hospit:dity, cutting asunder the ties of social ititereoutse, deb.otching the wife of the friend of his youth ; and I :1111it, th.:t in nil stii:ll cases, the datifiges ought to be consiat?rable'. .Here you find a very young and I,aeautiful woinao left to herself, where the guardian care of a hub trod was Most necessary; and, on a visit to a fiiend, she meets with this very young man, scarcely of age. 1 - I , ir manners arc engaging, and her beaq'y is the fain.tfrie topic of conversation. Yet, ail the time they were in Soil. furdshire, surrounded by temptations every hour, their Condud was exemplary. You may c o ne& t oi l from the testimony of the waiting woman, a chass - of society who have the gakkest eye upon occasions of this kind ; a curtain cannot be lowered, or a counterpane deranged, without their feeling the 'most positive assuraoce of the guilt of the parties. After this visit the lady came to town,: ,and the nd at Operamet the Defendant. He calls upon her, and she returns the compliment ; and this commence ment has led to the. melancholy story to which you ha.se now reluslantly listened. The Defendant is not only a very young man, but lie has no fortune ; and with this observation I shall .commit him-to your justice, which is the same as to entrust him to your moderation ; for justice and moderation are ever consistent with each other. My Client was placed in a situation in which it was difficult to re. silt ; he has fallen, as other (nett would have done, expased to the same allurements." Lord LENDOROUGII.—" As to the faft in this case, there e.in be 00 doubt, independently Of the Defendant having been discovored irk Lied with her after the nativity of the child. The prior inter. course, when the maid went d wn for the broth, leaves very little uncertainty. We' have no regO. lar account of the means by which the limits of vir. rue and morality were cratisgreased; whether ill* fendant or she were the seducer is left to con j.-dill.. It appears, however, that she conduae4 h e rself with little reserve ; she does oot put the bed. clothes in order, or take any of those precaUtions decency would suggest ; she cannot, therefore; at that time, have been considered to have anyoleli. cate sensibility for the chastity and &gni:7 of het reputation. To the same conclusion must tend the visits which took place when she stayed out to such unseasonable hours. This is not the condud of a woman in her situation, unless she had mit ely abandoned all regard to character. It she was, by her habits in life, of wanton manners, which' may have led to the sedußion of the IlYfeodant, that circumstance will go in mitigation of the damages, and you will consider if this ought to he referred to the class of aggravated cases.. It must be reool, leelted, however, that the was under the peculiar protedion of the law, when her husband wa7; called to foreign service for the defence and gloty of his Country. You are to examine into die injory . :Ohe Plaintitf has sustained from the 10.. s of a Woota o o f the description you may colled from the eviderve." AJI.TRYMAN..•-. 41 We wish, my Lotd, to ask 3 question or two respetting the property of the De. I,ol'd ELLENiOROUCII.-" It is the - quiniurr of the Plaintiff's injury, nut. the situation ut tut Defendant, whitTh ou g ht to direa your Vetiliet.— Thy latter should not mix itself with yout de. termination."—Pirdia . for tbe Plainiiff—Dam vo 10001. COURT OF COMMON PLEAS, MARCH 2. HEWLETT 2V. [HEWLETT,. The Plaintiff and Defendant are brothers, anti near neighbours, tesiding at Pinner, in Nlidd:mscx The anion Was brought to recover damages for tie. famatory words used by the Delendant'againSt the Plaintiff's wife : namely, stating, that she had beer a before marriage, and had afterwardS. proved unfaithful to her husband's bed, The words were proved to . have been uttered, first, by a female tier. vant belonging to the Defendant, who, 'on being calleitio account for the condud of this servant, justified Iler expressions, and repeated then) with many aggravationi, not only then, but severs' timesaftertvards. The damages were laid at 30001. The Deren, dant had pleaded a jusrifirstion, which was nu g on e into. The Jury found a verdict, fur the Plain, tiff—Damages 7501. SEAMAN's W.NG ES. SIRTWHIST EDMEADS. This was an anion brought by Sailor agains the Captain of the Lady Castlereagh East Indiaman for z9l. 7s. 81 . The case in question was, whethe a SAlor, having signed articles for 355. in peace hail, if War was commenced in an intermediate par of the voyage, a right to have his pay advancer to 4 Si. per month, the war price ? The Cour and Jury 'were nt opinion, that, accoildtng to th, usage and custom of the East India Company, h was entitled.. CORN EXCHANGE, MARCH 4• Ova supply of Wheat to.d . ay is rather short,wit' many buyers ; sales for fine, early in the day, wet 35. per quarter dearer, but . rather heavy after prime. Dantzic about i 16s. ; Barley in but shot supply,' and is dearer ; Pease of each sort are dull and lower ; Malt at %mall variation; there is tolerable quantity of Oats arrived, having a ' , rid demand for this article they fetch an advance of ful ts. per quarter ; Flour its plenty, but that and oche articles are quoted at little fittetuation. Wheat 78a a 90i a 1043 od Hearts , 43 a sos o Fine ditto - togs a 112 od Tick Bean's 38i it 455 • Rye - - sss a 6ott od Oats 'O S a 3oS aps a , Barley - . lits 3 3;.,5 Oil POLltid (10. - 33 s a 345, 6 Malt - -76 s a 3311 ad itape Seed . - 431 -.48 white Pease 465. asts od Fine Flour . $53 a as 04 Greyllitto -38 s a 43s ad Seconds - - sos a ass CH T 8 Bisnor OF RArtripa.-This venerable Prc lite died on the 224.1 ult. in the gad year of his age at his seat at Raphoe,. in the County of bonegal, i the North of Ireland.' He was the father of Admi r4 l rrsti D . who AA3ttirted that surname in cum pliance with the will of the late Mr, WHITSHEL o f Old Bdilingtotl-St rect. Wil47 belneathed tv him a his foritu.e. Lord,hip, we understand, will I suceethd Ley the Rev. Of, fIA