The Sun. — London, England, 1812-02-25 00:00:00

i Z i IT' RE. Pr .T'LT. COURT - OF K;SG'S BEN - Cif, Els. 2 3. LLVY SOLOMON. This was an at.tHn of i•linder. The rilainOlf and defendant Vk ere botl: d,•.;;ers in waiches and Jewels, at Eaton, near •Win icor. In the. rPonth of De t ember, 1809. Cie plaintiff had the shutter of his Siaop broken, and several watchtls and Iri;ikets stolen. This necxne matter or co:Ner,,ation among his neighbours ; when one night, shortlyatter the tob bery, the defendant said in a, Tradesman's Club, th:it the plainidf. house had peter been rubbed, hut that he hut zolibed to rnseif. This assertion the defendant reps aiel st , .eral other occa.ions, add ing, `that he was in his room awake when the sup- P6seit rohbei V was comum , ted, and he saw the plaintiff hand away omn goodS. Mr. GARELoNT, for the defendant, adverted to the apiorr being delayed for three years, which pur- Posed to have for its object the vindication of the Plaintiff's character, to winch he a•!,:ed, it was not brk,ught in the" county where the parties were known, but in London, where they were not known. Verdict for plaint di—Damages 51. BLUNT V. HANCOCK. 1115 was an action upon the warranty of a horse sold by tile defendant to the plaintiff for 1151. The plaintiff had a trial of the horse in Hyde Patk, where it went its paces well, and leapt d a five-barred gate; bat the hist day the purchaser went ow hunting, the annual's lainetfess diScovered itself, and Lotd I . I . , BNBOIZOUGH observed, that the soft gravel of Itntten-row was greatly too favourable to the paces of any hOrie. The defendant called Mr.. Jeffries, riding-tvaster to the Dragoon Guards, and two l'nlgh-riders, who testified to the soundness of tite ho rse• iUr. Jeffries gave 1. for the horse, .and. sold it to the detendatit afterwards for 801. This was six weeks before the lameness of the animal, and it was perfectly sound then. Lord ELLENBOBOUGE observed, that Mr. Jeffries I °ltt the horse to the defendant for less than be paid f "r it, :keep included; and tlie plaintiff recovered a % ercliCt for the price be paid for it and keep-1401. DUBLIN, FEB. Ig.—John Keegan, the school -master, Avid) Thomas Quartermo, Owen .riciams, John Byrne, and James Byrne, appeared at the bar, when Mr. GREBNB proceeded to.iptumte, that his Majesty's •A, torney General .authortsed him to say, that n o prosecution - was intended against- the pri soners, and that it was thereforo his wilt that they shoilld be discharged by pr:Aclamation. ThL. Otti cer of the Court proceeded accordingly with the usual formalities to have ti,em, discharged. OLD BiIILEY, FEB. 24. jf'i Mom White was indieted for .burglarion , ly breaking- and entering the dwelling-house of John Fa Y, aaci stealing therein a watch, los. 6d. in silver, and tw o pocket-handkerchiefs, his property. The prosecutor is a hackney- man , res idi ng i n 111 , of St. PatiCr4S,. and, on the morning of the ad instant, between three and four o'clock, was aw aked by hearing some person walking in his ro om, which is over the stable. Ho listened, and distinEtly heard the door unbolted, and the intruder descend the stairs: He immediately procured a Tight and went down into the stable, where he f .und the prisoner lying on his - Glee, arid near him the . Property, which had been taken from under his pil -I°W. The prisoner, it appeared; entered the i'nonr by a window ; ov"r which a piece of carpet was nailed, and having got admittance, re treated by unbolting the dOor of - th , _. room Mr. Justice Batt Y, in summing up the evrd-nce, the great points for the c.)nsideration of t he Jury, proviued they bilittv - ed flu pri aoer to have taken .the pioperti , , wriether, in en,er t the room, he had forced any of the nails which tstened the carpet, which- was suffix to nor.' Lute a'hirgl.4ry? And, 2dly, whether he unbolted Me door for the purpose of escape, or to commit further depredations? If they found the - former to -he the fact, it would not susLin the indithoent, Which should rather have set it forth as a breaking °Ol Ol, than a breaking into, the dwelling-house. The Jury found the prisoner guilty of stealing in t he dwelling-ItOuse to the valde ut 394.—that he bad not forced any of the olds from the carpet 411d tirat his unbolting the door was for the purpose of escape, and not to facilitate fhe commission of 411 . Y other robbery. The following prisoners were capitally conviaed, V iz. Charles Wheeler alias Walker, Edward Drouett, and James Settree, for Stealing it heifer, value 301. t he property of Wm. Halley. 'Flue following were convicted of felony, viz. John lepworth, for stealing 'fonr books, value Bs. the Property of George Hughes; Thomas Blake and libornas Harris, for stealing • two dishes and other articles, the property of George Wheelens ; Thomas Batton, for stealing a quantity of oats, the property OfJohn Willan ; Ann Campbell, for stealing divers articles of wearing apparel, the •propetty of Martha G oody; Thomas Jeffery, for marrying Lydia Smith, ('is former wife being' alive; William Matthews, for stealing a cheese, the property of Thos. Wells. POLICE. 130 W-STREET.—Yesterday a case of arbitratinn, between a-waster cabinet 7 maker and the journey hen, who made a piece of furniture, or book-case, for the Queen's librdry, respelling the value of the Workmanship, ••was brought before Mr. Justice GRMIAM, for his decision, under the At a( Parlia- Merit called the Arbitration Ad. The journeymen fixed the price at ROL BJ. while the waster esti mated it at 751. only. Ile journeymen came down to 771. and offered to . split the difference between that sum and the 751.; but the master, after pro curing an arbitrator who reduced the value to 651. only,- refused to pay wore.-,—The Magistrate, after a patient examinatift, ordered-the master to pay -the 751. Gawler, whose trial is expeaed to come on shortly; was neither an es:ablislied nor an extra Clef kin the Navy Office, but a person hired by the Week'''as a temporary Clerk, to bring up arrears of business. The established or, ex.ra Clerks are ap- Pointed_ by t lie Board ; hose tempo! ary or wvehiy Iwriters are hired on every emergency, wiCixout any !egular appointment. _ DIRE; PARI,j/1211 Ern e HOUSE OF PEERS. MONDAY, FEE. 24 Sir S. ROMILLY and - Mr. - Hortisrait were iteaid for the Appellant in this case; Messrs. ADAM and M'CoNocuin for the Respondent and Sir S. RQMILLY tin• the Appellant to reply: The.LORD CHANCELLOR immediately proposed the affirmation at the judgment of the Scots Court, which was ordered accordingly. The Ea,t India Loan, and the Coal Duties Regulation Bills, were read a'third time and pas•ed. • The Insolvent Debtors' Amendment, and the House of Commons Officers' Bill, pas,ed through Committees of. the whole House, and were subse quently reported. Lord HOLLAND. presented a Petition for the Debtors confined in Castle Rnshin, in the Isle of Man, which he observed, presented such cases of grievance and distress as must forcibly appeal to the attention of the House. He therefore proposed that the doctiment should be read by the Clerk. The Petition was accordingly read at the table, and referred to various grievances and privations yr hich the said pri'oners described themselves as suffering from the corresponding severity and hardship of the operation of the Manx Laws, and from circum stances peculiar to Debtors in that part of the Em pire ; and praying such relief as their Lordships should thinierneet. lhe Petition was ordered to lie on the Table ; as was also another Petition presented by his Lord ship from Debtors confined in the county pi! of Carlisle. The Earl of LIVERPOOL gave notice of his in tention to propose the second leading of the Not tingham Frame-breaking Prevention Bill to mot roW, and moved that the Lords be summoned. Lord HOLLAND expressed his disapprobation of the intended proceeding; t e notice was by far too short ; the subject to hich th Bill referred should undergo home previous investigation, w,re it only to ascertain the eta et of the proceedings alieady adopted with r, specs to the_ disiurbauces ; besides, tLe principle of t;..e Measure bow proposed, was one he could not, consistently-whit his duty to the coun try, support. MU. JOHNSON, from the Irish Secretary of State's Ottio., a rcinior Clerk of the Privy Council, and a Mr. Johnson, from the 1,-ndon Dock Company, presented sundry (locum , nis from their respective departments, p urs uit . ), to former orders ot their Lordships, pArticuiarly with reference to certain Orders in Council. The Earl of LtvEttroor. again addressed the House on the subject of the Nottingham Fraifie Bill. Understanding, be said, it would :e' a matter of convenience to several Noble Lords, were the dis- CIiSSIOLI 01 that measure postponed from to-morrow to a future day, he therefore would propose that ti•e debate St hould take place 01)-13 subsequent stage of the Bill, and on Thursday, instead of to-morrow: In .thit view he moved to discharge the order lot sum moning their Lordships to-morrow ) and to xenew it for Thursday, which proceedings accordingly took place. • On the motion of the Marquis of •LANSDOWNE, a variety of documents touching the state of the Im ports an: Ex'ports in the years 1806-6-7-8, and .9, were ordered to be laid before ' the House.—Ad journed till to-morrow. HOUSE OF COMMONS. MONDAY, FEB. 24. Accounts were presented from the London Dock Company, and from the Transport Board. Mr. GRATTAN; pestpoited the Committee on the .10.01 Population Hill, until Thurs-lay next. Ott the :potion of Mr. HIBBERT, an Account of the quantity of Sugar imported each year, from the :51h January, 181 0, to the 5111 January, i 212 ; and also the clua:ttity exported for the same period, were ordered to be laid bejore the House. Lord PALMERSTONE brought up an Account of the number of Recruits for the regular Army for the last year.—Otd,reJ to be printed. NOTT/NGHAM RIOT BILL. Mr. Se,rutary Rxriza moved to postpone the fur ther consideration of the Nottingham Watch and Ward Bill (on acoonnt of Some clauses necessary to be adde' not being ready), until to-morrow. Mr. EYRE obsered, that the state of the town, re quired the immediate passing of the Bill, and regret ted the delay, although hilt for one d.iy. The town appeared to be in a state of tranquility, but the rioters were so well disciplined and organized, that they were ready at a moment's notice ; he there fore trusted the Bill would not again be delayed in its progress. The further consideration of the Bill was then postponed till to-morrow. The Committee on the Local Militia Bill, which stood for to-morrow, was posponed by Mr. Sem tary Ryder until Wednesday. Mr. H. MARTIN, on account of the press of other more important business this evening, postponed his motion respeaing the atlke of Registrar of the Adiniralty Court until Friday. FOREIGN TROOPS. Mr. LUSHINGTON appeared Itt the Bar with the Report of Coturnitiee of Supply. On the question for bring up the Report, Lord FOLKESTONE objetted to its being brought up, until he had put some questions to the Noble Lord who•had moved the Arthy Estimates. Them had been, he obsiqvcd, for many years past, a very I , ,teat increase in the number of foreig troops taken into British pay. - They had increased from 5 to 30,000.. This- alarming increase he viewed with considerable jealousy, because it was not confined to those regiments on forewn stations, tor foreigners were enlisted , into battalions in the Hume Establish ment. Two A6ls had been passed, authorising the Enlistment of this description of soldtets in the course of the present reign,'but these Acas were to be viewed in :the light of Atts - of indemnity to the Government for basing violated the Constitution.— What,. however, he • particulatly wished to call the attention of the II use to, and to require explana tion from the Noble Lord, was with respect to the cnlis;ment of these Foreign•troops into British b =t talious. He understood that the lad was so, :at least it had been so slated to him. It it -Wati...not true, the Noble Lord would into= the House. It • that - tiffi • i had alsO blen told hm, la our cers la been all Owed to recruit their r4irrients from among the French prisf.l,:rs. He particularly alluded to -the 1001 Light Dragoons,' into which regiment he was informed upward's of oae butrded men had veen enlisted. It what he now stated was true, the ()tilers must have been wirer) by the Contrnand,ng Officer, or from the War Office. I might he said that the two Ads to whicii be had alluded would sanaion the praCtice, but he should deny that any Aa of Pat liament can justify sach a measure, or can authorise the enlistment Of foreigners, except into foreign corps. There was another circumstaoce which demanded notice, and that was. pertnitting Foreigners to hold commissions in British Regi ments. Such permission Was contrary to the A 7-1, and was an evil daily inereasin4. He understood there was:a Foreign General commanding a distrra in this country. The Noble Lord, he trusted, would explain these matters to the satisfaction of the House. Lord PALMERSTON was disposed to answer the Noble Lord, he hoped satisfactorily. With respect to the question about the entistinnt into the 10th Regiment of Light Dragoons, it certainly - had been determined to allow a cert aiti number of'ptisatiers to enter into that regiment, but those were not French men, but Germans. To such a determination there could not be any objection on any principle, because it was well known that. the French army ; was daily recrniting its strength by the enlistment of Ger mans, and the people of that Country would rather serre Great Br . cain than France. As to the circum stance of Foreign Officers bearing conimiisions in our army, there was a specific A6t of Parliament authorising his Majesty to avail himself of the ser vices of Foreign Otticers. , Time 97th Regiment was originally composed of Foreigners —now, however, it is principwly composdof natives of Irel an d, con secrently of British sub jects. The Noble Lord stated that a Foreign General was em pl oye d on one of the Home .astriCts. He wisised the Noble Lord could name the person he alluded to. (L ,rd Folkestone said, " General Linsingen.") If d,:ne ral Linsingen was the Othcer, he was appomted to command a depot, composed of troops Of hiS own country. Lord FOLKESTONE observed, that the ansa - er of the Nol.le Lord had not convinced , him that the permission w:o justified. On the contrary, it hiid been given contrary to the Act of Settlement, and to ail the Ads of Parliawent pas,ed on the subject since that period. Mr. LIOIBE conceived the Noble Lord had corn-. phnned of these enlistments e s gri evances w i t h out any cause for their existence. Every one must 12- ment most deeply the necessity of burthening the subject so heavily. The Noble Lord seenntd to think that these foreigners had been introduced, want only introduced, contrary to the principles of the Constitution. The fact was -not so : there was no man more disposed to adhere more srrittly to the letter of the Aa of Settlement than himself; but in the present situation of the wood, and of affairs on the Continent, it was impossible to abide by it in the strittest sense. kale world was in the same state as when that Act pasied, then indeed some ar gument might arise to condemn a .departure from,it, but it was apparent to all, that a s%%eeping necessity had arisen for the employment of these troops. If the Noble Lord would only look to the state of the world—if he would only look at the increased and increasing power of the Ruler of Franc , , the vast extent of country which he had become possessed of on time Continent, and the power which, of course, was afforded him, not only f enlisting, but of com pelling the services of the people of the States he had subjugated, and then say whether, with such unex ampled resources within his grasp, this country should not be at liberty to resort to the same means of recruiting its strength, in order to oppose his ef forts with some chance of success. Measures of this kind were to be deplored, but they were mea sures which the necessity of the times imposed upon the country. Mr. CURWEN declared it was impossible for him to sit still, and hear such doarines as the Hon. Gen tleman had just broached. In all the twenty-seven years that he had the honour of possessing a seat in that House, he had never heard !hat it was necessary to,suppolt and maintain this country by undervaluing its abilities and decrying its energies. The Noble Lord in what he had stated, did not wish to undervalue, but to arm his country, for it was by an adherence to the . laws, that the energies of the people could be roused. The degrading nieasnres of Ministers would have a contrary effect ; they would shew the people, that the laws of their forefathers mere no• thing better than dead letters on the Statute Book. The safety of the country was best preserved, - not by disregard to the laws, but by respect for them, and by respect for the feelings of the people. If there was one feature which he lamented more than another in the conduct of Government, it was this,, that when retrenchment was called for by the House, the Government paid no respect to the feelings of the people, but employed foreign soldier;, and gave them that pay which was of right belonging to the people. It he could conceive the most diglant hope of benefit to the country in its present distressed si tuation, it 't ould emanate from the recollection that ,the w.sumption of power by his Royal Highness would tend to bring forth measures kir lightening the hurdle!) of the subject, and he trusted t hat hope would be ultimately realized, and that .the abuses at present existing would be done away. He must disapprove of giving encouragement to persons fou n d in aims against this cou:!try ; it was treating the people of England in a mantiLr, to which their long sufferings do not entitle them. _ _ Mr. M. MONTAGUE thought the Hon. Gentle man had entu - ely forgot what had passed in the last century, for if he would rekr to the Ael, he would see that it authorised what was now comOatned of, and therefore his arguments fell to the ground. The Honourable Gentleman maintained, that there was not the same danger now from the introduMiost of Foreign soldiers as tormerly, because the Army had -bcen cnatetially increased since then. He was- of opinion great confidence ought to be placed in those now holchng the Administration of the Public Af fairs. Mr. FRIIEMANTLS, with reference to an increase of pay, as suited • in tile estimates in the Offices of Adjutant-General and Quarter-Master-General, ob served that in those departments there was an in crease of expellee from 6 to 70001. and a furthee increase of 24,0001. in some foreign regftnenis, since disbanded—the eitptnee of coinie Goon to be dim'inished, But whet he putieularly wished ei• - planation on was this—there appeared from the papers -only an increase in numb e rs o f ibou M en ; and yet the expenses were increased Ouo,oool. above the ch.! ges of the form,y year. • . Lord PALMERSTONE, ISI txpliriati,m, stated that the variation in. the expence of the Acijutant- General's and Quarter-MAster- General's depart ments arose from the transfer nt some of the dependencies of theSe offi :els, and from the ad dition of some subordinate officers. With respect to. the increase in the general estnnates; those he I L A fully, as h e hoped, explained, on a former night.,— He had then stated that there WAS an aailid lOerea,e, of I o,3(jouell, and not, as the Hon. G. nt. suppos ed, an Mel - ease only of IQOO omen. • Mr. FLIEEMANTLE aware that there was an inc - ease ,in ninntiers in ihe army in genural of ten thousand men. What he ila.; observed was; that on the estimates there wai only an increase of 100 men, while , th,?re appeared an additional chaite of nearly 600,0601. Lord PALSIL:hSTONIi r4ieated part of iiis xplana- Lion. The Report v.rs then-brought up. On t he quesmn being ptlt on the resointio'n for granting 02,1591. 13s. tid.,l - dr Widows' Pen sions ; Mr. BANKS moved that the second and third .13e solutions of the 31st May and Ist June, 1810., should be read, as also the 10th .report of the Co:u missinners in public accounts in 1783, in order iliac these being put on the . journals, it might hereafter appear on what the motion which he _proposed tat mike was founded. They wete then read by ilea Clerk. The report stated the office of Pay rtias!er of Widows' Pensions to be one of winch the duties where wholly executed by deputy, to be an tema cessary office, and and one of no public utiiity what ever. The office of Pat master was a perfect sine cure, and that of the Deputy little better than a siZ necure ; and since the Widows could be paid their pension without these Officers, they were natu rally led to say that •I he office of Paymaster was use less and nnpecessary, and ought therefore to be done away, acid the business ttansa6ted at the Army Pay-office. With this report, the other ReSolu- Lions, . Zze. which he caused to be read, agreed in every respea. On these alone, if no proee , ,dings on the subject had taken •place so recently as tit. 180 in, 1)e should have thought that this place might have been ab fished, andatiat it would have been for that .House to call any Ministerao account. who gave that office away under such circumstances.— This a6tiou had 'brought a stigtna•on office which he thought all the ingenuity of his Ri g ht- Hon, Friend would hardly be able to. remove. He had.. With. much surprise heard the individual to whoui the office had been given, attempt on a former evening to prove that it lead•become something like an efficient office. Whatever it might now be, Ire knew that the whole of its duties had been per formed in 1808 for the sum of tool, and that too by the first Clerk in the War Office, who had his other duties to perform besides. He 'had Rattered himself that his exertions had done-some good, but he now found that tar from that being the case, they had only tended to serve the cause of sinecures, as in consequence of what lie bad said, sinecures that otherwise it would hardly be attempted to keep up,. bad still remained in existence, as it was now said " you shall not touch one of them till Parlia ment has decided upon the whole bady of them." As to what the Right Honourable Gentleman had said of his having explained when the office was given, that it was to be held subject to tha decision of Parliament, he (Mr. B.) did not know that there was any thing in that, as it must have eluded the decision of that House,•whether or not it was con templated by the Right Honourable Gentleman at the time. He ought, however, to have remember ed, that if had been condemned in that House al and he ought to have known, that so to bestow that office would not fail to throw obloquy ou Iris Royal Master. The Right • Honourable Gentleman had said that. the place was left open to be abolished by Parliament, just the same as if it had net been filled up at all. .How could he possibly assert this Did be think that be (Mr. 13.) could come fo. ward on thiS occas;oe, .woultl nor say as heely, but with as much comfort to hiiiisell as if the place bad not been given away It was not fair to those eho had to decide on the question. There was a difficulty in it as,to the individual in whose prai,e so touch had been said (Colonel M‘Mairoli), and one as to big Royal Highness the Prince Regent himself. He telt all this, and only brought the subject forward, be cause he never would desert his duty ; and cot to come forward en such an occasion -would, in his .opi nice), be a base del elittion from- duty, He would not, however, have provoked an inquiry if it had not in some sort been forced upon him, as he vas cabled upon to vote in support of the grant when the Re solution bAore rt) House was moved. 'Whatever the - vote of the House might be that night, it would enable the public to.aegur how tar they were, in earnest in wishing to abolish sinecure places. This he thought was a case as startle; as any that could be Made out, as he did not koow that a sinecure could be selected. which it was more necessary to abolish, or in favour of which less could be said. The grant was peculiarly to be complained of at the present as it went to throw discredit on the new feign at its outset. , At present, he observed, they had net guard against its being granted in reversion. They had nothing but the word of . Right Hon. • Friend,. though he would take it for that, and a great deal more, was not the security which brat House ought to require. He concluded by tneviag as art amendmeot, that the sum of .69,36 ; 3! los. 6d. be substituted for the original Stun, 62,1591. t 3s. 6d. Mr. C. ADAMS supported the Jinenthfleur. Mr. MONTAGUE did not iise to oppose aane4sure of economy, but he thougie it the r s e:;e va is n e ts etz ee economy to withh o ld horn public rewards which alone could assure the public teat animated service which their interest invariably re. quired._ Mr. LOCKHART would r.ot give his sm6tion to a measure which had been the subject of the anitnatiii versions of that Hesse, but at the same time lie thought no blame attact,ed itself to the conduct of the Alinister of the Crown. 'file had done it away, it would na've been to pass his censure on the place, and deprive the Criiwn of a part of its induct/cc without the full concurrence of EtrliJment. It he had given it wiihout expiaining, at the same time that it was to be held subject '0 the future dect:iion of Parliament. he %you'd. .