The Sun. — London, England, 1812-11-07 00:00:00

MEMBERS RETIMINED. • ••. • Meath (Conqty).—Earl. of Bective, !Scitnyrville. Mayo, D6:---Hon. Dr. Browne, HerspikvlDil.l' 3on, Esq. ~ ..... - i • s , -•-, S (jar/cm', Do.--11en ry . Bruen,..T. Lqtou e x E,sq . Wicklow, iio.-LW: H. Hurtle; W. - 1 - 7 b , Igt's'qrs. 'Tdwn of Arewrsy.-=--Gen'erat NtedlianA: En?? iskellen. (Borough . 2.- 7 4tiqh4r4 Magens. Carlow,, Do.-1+,..1., .1 ,- ;alkener • - Banff (County) ...-Itolirt' iificrcrii . viby, Esq. CONTETEI) LteTIONS: . - CORK (Ciry).—Noi. 2. ;rot. rtingfield .874 l 11-011: C.'H..llutoliitison 611 'Sir N. Culthur.t - . 627 I , • . • • - CORE. (CcovNwX).7—OcT..3l. 'Lord Bernara T9:37 I Hon. Mr. Ponsonby....o2 'Lou: Mr. Hare - 1374 I TITTERARY (CovvrY) - .--FwAL - ern crtvl 111411?cw......,.tt0t,7 mr.-Prittie i 2517 'Colonel Bagwell" 2651g1 FERMANAGH (CouprrY.) "Gen. Cole - •1587 1 Mr. Brlt. \Le ,1 "Geu. .. 944 . . GALWAY (Town ).--FINAL CLOSE. Hort:P. PoLsonby 311 I ...... —159 .A.RRICKFERC•US.—OcT. 31. Arthur Chichester .... 267 E. D. Wilspi 261 •;.;:. 4. THE ARMY. Detachments of the 24th, 31st, 47th, 57th,, llSth, 71st, 82d, 87th, and BSth regiments, in the Whole about 1500 mcn, have marched into -Ports mouth in the, course of the week, ; and embarked' in transports to join their respective regiment hi 'Spain. That fine: regiment, the : Scotch •,Gr.r,75., has marched fr:im •Manchester, on a .route 1 r the Continent. ' it is only justice to say, fliers t;,ey sire fallow: by the good ‘VishEskif tl* • :inhabitants at le•ge, fir their excellentueOndhc:t dnring the trying period they have been sW/Q9eil at Machesrer._ They ,are succeeded bythe.husl• tars, 3Vho arrived at i\i n J 'S achester last week. Vitt Tgreatpleasure we copy the following mention of them, from The Lfed.Fjute z 4isvwcr Never did soldiers conduct themselves bette,r than the hus -ears ; their departure will, we arc sure, be greatly regretted." By eotinnand of the Prince Regent, the Qom pander in (Thief has signified to the Officers of the 10th hussars, that it is' his, Royal Highness's pleasure that the - Officers . of that regimeut,:Sta . itioned in and near . London, shall not appear in. .future in any other dress than regivienuils. said to' be in cOntemplation to extend this regula. tion to -every regiment in . the ;(;.rviee. By recent letters from the isles of France and Bourbon, we are giant to find them prosperous. 'Tie regiments at" Port Louis are, the 12th, 72d, WO], and 87th. The 22d regitnent and the Bonr ..' bon rifle corps are at thelste of Bourbon., Under so able a man.as governor Varcinhar, and a man of such pivasant manner, a.nci so beloved by the soldiery, a Sir Alexander Campbell ; these islands must pros ter. " CANTERTriGt , ,, Nov. 6:-0.1 Tuesday the Rev-. D. 0. Master of Sidney-Sussex Col , lc e, Frei•e, M A. Master of Down . - b=,.in: , ,; the two Heads of Colleges who se:red tie office of Viee-Chaneelfor, were by:th-e ftttads.; and on liVcdnieSday Dr. was e:ected by . the. _Senate to that odic e for -lisni;lg year. Satnrjoy last noliert "Mousey Rolfe, B. A. of 'Trinity :College', 1 - :''as Clected to. the Lay - Fek lovNiship of DaNning College, lgtely .beld-Atty;rilikr.l Serjeaot Lens, and yvii ich became vac of 1ky . .413 expiratioo of twelve years from the fotinaiition o the College. • • 1. OXFORD, Nov. ;*/ ---7-.A...:convocation will he hohtcl-1 011 Tioir§dav, Noy.vm;)er I`,), at twelve, 0'e 7 ,0e1i.,-in, which it frc-iirbpseul, th7tt imme diately- after the -IVlecting of ltnttiament, humble: letitif.ms be. pre. , iented to . both. Houses of Par Ha-. 'Oren:., nr . , tving; that V those I_,,;ws which . p rc -. 'Vent. admissiooof Imir:amsprOlesiinr_2: the Ro man. Catholic Reli4ion td , otikes of'tlie , trust acid autnorlty. ana tip the- power of framing . Laws .for the Croverennent of , this. Protestant; Chq.rch and State, may not be repealed." .' • :• ' ; T)OWNING COLLEG.-Mil„y of the - learped . _ . members ot-* the University-cannot compreheodAtte zneaning of the new election of the Master of Downing College, as the petition againg the fwst election has never been heard,. and > tuore especially as it has been asserted that the last was I made by the direction and order of the Lord Chan . Before the long vacation Lord Eldon publicly letiared that he would request two of the Chiefs -or the Master of the Rolls to sit with hith, when ;:the Petition was heard. Sometime afterwards . the Counsel for the gen lienia4 in possession waited ,upon the Chancellor privately, and requested that the hearing of the ; petition Might stand ,over the long vacation,. as, that might spire some °trouble, for he intended to make a .preliminary. argument, which, if w e ll ,founded, would; preclude :the .discnssion of the :Objections. contained in - the petition. The Char , haS said that all eleetiOns' DoWning.:.CoAce nust be made within six mouths, or theyAball hipse Visitor ; , but the : statutes hame..de 7 elare4 that . . the election of the' Master shall he 'made within two months, or the appointment ainAll he vested in the• Lord Chancellor, he should therefore-first of all agree-6'A this part of the stiatiites was void, and if' , the -Chancellor-should li e Of that opinion, and should think a valid'elec ti had been made' within six months, it-would he unnecessary to enter into. any inquiry respect lizig; the validity of the election made within two ,onths. The Chancellor permitted the hearing to stand C•ter the long vacation,. anchall:parties were, of C nurse, at liberty to act EL they pleased in the nteriw. . This has been erroneously stated to be a .direc.-, t on . by the Lord, Chancellor to proceed to. a. new Icetton. 29 85 Prat- Chly. Fair Chic'. Fair Do. Do. air 30.11 .13 29 9.5 .1-'a 1r Th., Cluutiv N.ll. The six day are in 1' coveinb!.s.t. Yesterday General CONGREVE introduced at the Admiralty a gun, upon a new construction, a 24-. —pounder, which was inspected by zit' the Lords t)f the Admiralty, and highly approved of. We arc desiredby a correspondent,ltir - the gra tification of a!l the Mends 'of humanity, to,-say that, "in the press, and .speedily will In. : published, the lastCantpaign of Buox . a..in't'r.,.boUltd'in ussia.'.' We most earnestly hake that 'the ;information of ciur correspondent niay'tie soo sl justified by events, , ' as the work will dOtibiless -pleasitre by the' People Of Ultc;itnifries. We hear thattite landablenwrpose of Ty's return to the.-stage is. to enable hint to.settie a proiision on his sister, who has no dependence - 'but on hiMself. This purpose is . so liberal that, . we trust, for the honour of:the Public ; --it-will give ..increased attraction to talents which. are- animated by sO meritorious an object. The Anti-Shawlifes at the theatre are now eon -tti the Ctit..lli.3 . ries; 'and it is but fit that the 'rtf:Oper Masa of society shonlitl:et 'an example otid manners to-those belowthein. 'l3ot it is softie- - what euriou s:that Artists, and particularly Archie twis, So far from objecting to thealisplayof-shawls, 81. over the front of the boxes, are of opinion that, without lessening the .beauty of Alle theatre, it relieves the uniformity of an unbroken line, find affords an agreeable variety, by the Jerent manners in which-these appendages :Of the fair sex are presented to the eye. There is i:6 truth, it Seems, in the . report 'that Mr. KIMBLE has been re-engaged at Covent-gar den Theatre, and so far trom being willing fo re turn there as an actor, be is, it is said, very anxi ous to teliwittish his character as A proprietor::' The 6foods anti- chatted of .the celebrated Mrs. CLAaKE are, it is said , again to be exposed to the decision of the hammer; but it is not dillieult to sur mise what will in `titure be the tr. , of the :lady herself, in the catalogue of lnthaan Extract of a Letter trout Padstow, dated Nov. 2;—" I trouble you with this to advise that a quantity of butter has lately been washed on shore in this- vidnity, which, from its state, appeal S. to have been sonw time under water. I understand a few only of the casks were saved entire, the marks on some-of which, -as handed this day, I give yon.at foot, which you will. have, the good. to snake knofrit; Which- May lead to a disCovery of the proprietors; "Marks on'four casks orbutter--- A. (B. In. No. 209.—(1) No. 53. (II.) No. 55. Doris. 3. No 55,1." • The perpetrators of the murder of Lieutenant iohnson, of the NaVl, which was committed live or-six years since on the beptfordlOad, near the Fire •Bells,there• is great reason to'believe will soon be-brought 'to punishment. Some indiVi-. dtials; it is said, are in custody On Strong sospi -don Of being concerned in the horrid transac .tiim In- the present stage of the bUsiness, would he improper to detail the proceedings' that ha*e already taken place. • Thursday morning; as two Gentlemcn-i'n a . gig were driving over Illackfriars Bridge,. th.eyTuvre met by a 'cirove of -oNeti,. and : Jhe horse taking frig - ht raiV at one 4 . i:fie btillocks, when both the Vrint-i6*u e Wae tli-rown pr tl ‘:!11 . severely - hurt'; the Other ,l'ortpriately fallinK On: :tin. back of One* of the bea.stS;••cseaped -with no other injury' than being rolled in the !ma • :A Ohre belonging to Sunderland, with, four; then 'in irer; " lately, in running ahead of a 'ship, was struck by a vessel _and split. to pieces. One Joan, named J. Douglas, was drowned., • .., :A fire broke c) . di: on Thursday,inn malt-house, ;situate in_Chnrchstreet,- Brighton, tie property of Mr. Wigney, which for. some time.threatened f w lestrlion to the adjoining premises. The build-. - ing, which was a few years since erected for sta.- Wing, and whicit was between ,3 7 . and 400 feet in length, was about .one-third destroyed, Which,. with the loss of. sobout 50 or GO quarters of malt, -Was the Only damage dope. - youth of connections, Clerk ata wholesale house in the neighbourhood of Hol born:absconded a few days since with 3000/. which loss 'falls on his;Atiretis, three in number.. Wednesday mOrning - died, at his house in IlindeLstreet, Mandbester-:.square, after a very long illness, his . E - xcellency Count St. Martin' de Front, AuThassadOr from the King of Sardinia to this Court above 30 . years. ''.On Thi-Mav night last, about eleven o:clock, John Flarell, waggoner to ;Messrs. Ashmore, of BrOmSgrove, carriers, was knocked down about four from this town, on the road to Broms grove, and afterwards very much cut with a knife about the face and hands, by a man who appeared to be near six feet high,who afterwards attempted to rob the waggon. The Waggoner struck him with an iron scraper, and is of opinion he knocked out some of his teeth, and otherwise, disfigured him about the face. There is now living, in the .parish of Tipper muir, about tire Miles to the north-west of Perth, John Hay, aged 107, years, in very good health. He was 'burn in the parish of Gask, 'tired a,farmer, and now resides on a small pendicle of land be longing to the Earl of. Kinnoul. Ile is married to a second wife, but his children are all dead. can walk ten or twelve miles a day ; and, what is-singular, in the course of last summer, lie 'dug eight cart loads of• peat for his own use. In the course of his bong life he sack* tasted spiri tuous liquors. . COURT OF KING'S BENCH. , At lialf--PaSt twelve o'clock, their Lord s hip s enterer: -the Court.. Mi.. .GRAttAm, Inspeetori- Geueral of CotivictS ; laid before the. Court ,the usual_ return of the state of the couviets• at Chatham, Sheerness, Langston boor, &c. RW7.1'41117 OF TIIE BRIGHTON .STALL. • Mi 7. 4ici)Rß‘yB tn..)ved :for 3 4 . 4le,to,sliew..cause, wny.a s lyrit ot,//o ! . .eu.y Corpus. should not be grant etTh I to Xing up a inan, of jlie !tame of Joseph B e trkeit, itow it - prisoner in 'lN: P ewgate, into this Court, for the porposV'id-'being bailed. "rhe Learned Counsel, stated, .that 113-irkettiVas.thenin costodt.r,onaeharg-e of having been concerned in the ro6hery o the Bright6iii'Srage-coach, on the sth of -February last, when mites, to the . ainount of i.vkire stolen from. it. The present ap plication was fonded on the affidavits of Birkett, his tither and Mother, and a friend. In his oWn affidavit, lie declared his innocence, and stated, that, .in the month of _March, a short tiMe atter the formnizision of the robbery, he heard that some suspiciOn attached to him, and his friends reproached hint with' his supposed mis conduct. For the purpose of repelling the chaiv, he went to the ~Blossom* Jan, from whence . the coach set out, and, in company with two friends, entered into conversation 'with the man 'who drove; the coach, when it was rOblied, whom he "requested to take a particular ohservation•of his, ,perlon, ,and then demanded whether he had any recollection of him, to which the coachman Made answer; that he had not—and that, to the best of his, knowledge, he had never seen him before.— He .then wrote to : Sir 3. Pinhorn, -at whose banking-house part of the.notes were payable, and also to Mr. Gifford, the Magistrate, stating, that , he was ready to surrender himself, and give -bail, for his appearance to take his trial at the Maidstone Assizes then nekt ensuing. He went to that town, hut no bill of indietnient was then preferred against hhn. Things remained in this state till 6:Tie:rubel. last, - when, after sever .l examinations : , he was Committed , no evidence bein g adduced against him, except that of a pear son connected with tht.. Maidstone Bank, who de posed) that the day after the robbery, a man, whom hwhelieved to be Birkett, presented a 501. . note . ovbieli was clearly traced to have beep, taken frOin'the Coach), and \vented Maidstone notes in exchange for it. Birkett, however, - swore,' that he was- at borne on the sth of February ; and his father and mother depoSed, that he did not leave his house till after tweit - e o'clock that morning ; so tbat , the Brighton Coach, which set out at ,seveu o'clock, must have been far advanced on its way front London, to its place of destina tiOn. FrOni his house, it is sworn, he Went to a friend at Hoxton, and conversed-with him -about some-fish, which he was scn:ling to his sister and his aiiidayit, on this point, was borne out by that of his friend. From the whole it appeared, that he was at home till twelve o'clock on the morning of the sth—from. that be went to a friend at Hoxton, a great distance from his own.resi (fence, which was, in:Bethnal-green—and return ed home on the evening of the fith. • On the exa- • mination of Birkett, . the. pr.osecutors: -declined calling the coachman, in consequence Of which Birkett ltimselt brought- him ,forward, when he again declared that he did not believe Birkett was the person._ Air. Justice LE BLAV—" Does Birkett tiive an account pf himself duri ng •th e sixth of . Fe bruary 1" Mr. AVDRENV,9 7 ---" No, my Lord, he does not." Lord ELLENBOROUGH--.-" Does he negative the passing of the note ?" Mr.TANDIMWS—" He does not, my Lord; but he states his general innocence.",_ Lord ELLE;aottouGH—" If, such an applica tion were admitted, every prisoner would have a right to claim his liberation.—You cannot take a CAIENOVE V. VAUGHAN. • P.u . K. obtained a rule to show cause for a ' , : r Akw ip i this case, which. was proved by de.- 4VsitiOns of. a witness in Chancery, who was eK mitt 61 . (le 'tene esse, without affording the other party any opportunty of cross-examining him, he being,examined 'between six and eight o'clock in the evening on, which the order for examination iVas obtained, and leaving , town the next Mor n in g for Harwich, whence he sailed for liamburgh,' • days afterwards. No answer had been put in to the bill filed in Chancery, and the defendant was not in contempt: The rule was obtained up onPawlett',s case, Sir Thomas Raymondd, 335, quoted in Sedgwick's Gilbert's Law of Evidence, 56 ; Howard v. Tremayne, 1 Salkeld, 278, and 4 Mcdorn, '147 : and Piercy v. Piercy, Sir Thos. JoneS, 164. COURT OF COMMON PLEAS.—Nov. 6. WEISS v. SIR W. STERLING BART. Mr. Serjeant SHEPHERD in this case moved for a. rule to shew cause why the verdict given against defendant should not be set aside, and new trill granted. The case was tried .at the Sittings before Trinity Term, by Sir V. Gibbs. The Learned Serjeant said, 'he made his motion, not on - the gronnd of the verdict being against evidence, but on account of the weight of the evidence being in favour of the defendant. The action was brought to recover the sum of 701. alleged to have been paid into the house of defendant, who is a most respectable banker, in the Strand, by an, agent of plaintiff. The c on t rar y o f which allegation was contended by defendant.— It. appeared - from the stntemeut upon the part of plaintiff, that he sent a porter on the 19th of September, 1811, to the house of defendant, with 701. giving him directions to pay it in there on the account of a gentleman named Hares, to whom, plaintiff was indebted in that sum. The porter returned to hint and declared, that he had discharged his mission. Plaintiff, in consequence, informed Mr. Hares of the. circumstance. Mr. Hares, however, waited upon him in a few days, and sitid, that defendant had declared himself per fectly ignorant of the receipt of any such sum on his account. Recourse was then had to,the.por ter, who persisted in his original statement of hay ing paid in the cash, and, accompanied by Mr. Hares and plaintiff, went to the house of. de- ]ere Ie pointed out a clerk to %Vho'li be• averred he had delivered tl.:e _money-. closely investigated h& accounts of - ;flie da‘r., on 'it was stated that the • f•-i -60,-1 paid to him.; but could not noCiiii i d . .!antsdch entry in the ieoiie of Tvir. Harts. • o • pm , t/.... w; diff :inch an cal of'7ol. but this lvds oli' r tWe it'cemint of another person, for which he " sisitiVaelbrily accounted. The porter, on his cross-Cxamination, coul d not tdt eithci.T.L2 hers or • descript;on :al the notes he soid he hod paid in. The Jury, wes Coin-, !non, fauiicl for pkintitt. Learned:-eijo . ..t,„.o!)Ferved, that the reason of the case Avas vr,-!' of defendant, as from the..::.ol'r.ectucss with v. - hich hoi huNiness was carried on, It w 11.0 t th%ll . su gross an.error could have ta:•::Ni place... Linder nil the facts', he. hyped the Court. would,:grnnt: the nil:. Sir ViCACY, GIBLS 'recoU"teci tht . c::_ cu thoucht the, evidence was not sAti.4uc tory:inlAhe part of the plaintiff, and that•the rea son any{ probability of the case NV:!:3 it favour of defendanr.- 7 little to stew cause granted. c, and SCOTT AND AICOTIiE,R, hSSIG'DIEES OF STAIRE V. JONF,S This was a motion - made by - iN , Tr Se:7;eant BEST, for ii 11.0 e to SII`X. cause why Jlie nonsuitentered in this action sh ou ld no t b e set aside, and a new trial grantee!. Tbe case was tred before. Sit J. 2sTANSVIELD last Term, a»Zi it was action brought to re cover from defendant an unstamped agreement, which was alleged to be necessary to enable plain tiffs- to obtain possession of a valuable property, in which the bankrept was interested. The groun4t upon which the plaintiffs were non =suited was the, invalidity of an unstamped agreement. The Learned Sedeant made his anplicatio:* . for the purpose of making this agreement valid, by Ty ing the tisnal penaity under the Stang: , Act, whicli he said he might. do, upon lite authority of two eases EaA's PleaS of the Crown, 2d vol. 9L5. name!y, the.easepf " The King:r. Hawkeswood,'' and, “The Kint!: v. Alorton." TlacCourt felt a good ;.!;m1 of difficulty in tln case, :41)(1 thought it 'of sufficient import:. )CC to require , titrther arguawat. granted. Rule to Alew cake OLD BA ILE V.. FRIDAY, NOV. Thomas Hammond stoodindieted for stealing., a shawl in the shop of William Gudgeon. John Norval heard the cry of 4' Stop thief !" raised in the, public streets, .11r 1, looking, around, he saw the pisoner running : he ',followed him, and assistad twoluen to secure him. The prose cutor!s shawl vas found on his per Son., 1f1e.3 my:63unit the prisOher Giti!Ly. Janis 'Paw a boy . , stood indktcci for stealiom an in4rel a, value 1l)s. the property of Ti.IOIIIUS Hurd. • • The proecutor is a ship owner in Kindon•lplace. The. prisoner IVAS seen quitting his premises with the umbrella in his possession. F had (blue with a petition soliciting charity, and when one of Cie ser% ants had gone up the stairs for some mune he absconded with the u m b re ll a . He was fol ., lowed and taken. The \prosecutor although the boy was young, he would make a very excellent sailor to 11 is Majesty, The ►pother of the prisoner appeared in .Court, and said, that his fkither had beewao apothecary; .but. he was ' . ch.ad ; he was her only and she had never permitted hire to go about with petitions.: she had bound him to Bologna, to be a. tumbler. The Jury found .him Guilty. Charles CarliFle stood indicted for sealing five pounds, iu Bank of England notes, the prOperty of Antonio tie Luis. • ft.- • The prosecutor said he was a saiLr, and one clay being in the city, he ‘Vas returning to his ship, and happened to be overtalin by the prisoner, at whose request he went intO a public bowie to taste a glass of gin. They were presently joined by two more men, and front drinking, they went to toss for money. In tile progress of this diversion, the prisomt - prevailed upon the prosecutor to lay a five-pound note upon the table, which he imme diately picked tip .and walked of ‘vith. The pri soner met bina'again that_night and returned hint the money. The Jury inimediately .acquitted the prisoner: John Adams stood 'indicted for embezzling mo ney, the property of his master. The prisoner was employed to sell goods,which. lie had done to a higher amount than what he had inserted in the books, and he had received money for the same, which he was not empowered to re cek.e. The prisoner was indicted improperly, and he was ordered to he detained. John Alexander stood indicted for having stolen an umbrella, the property of Robert Reeve ; of AVliitechapel. On the 12th of last October, the prosecutor dis played hi 4 umbrellas as usual at the door of his shop, and he was informed by a passegcr that a man had carried one of them away ; he followed him, and found the umbrella in his possession, concealed under his coat. The prisoner declared, that he was - walking along the street, and found the um:,;.ella. The Jury found . him Guilty. The RECORDER said to him—" Why rill you, be always here ? we have.had you in that, piaci:, before." Joseph Simmons White?: and Benjamiu Mien., two of the men convicted of having robbed Atr...llot chon's boy, were brought up to receive sentence. Winter protested that the defence he had made Oil his trial was the truth, that he was•inuncent of the crime for which be was convicted, and , that his life was sworn away by a most abandoned cha racter. Mkt) had nothing to say. The RECORDER passed the sentence of the law upon them 7 " You are to he taken to the place from whence you came, and thence to a pace of execution, and there hanged by the neck till you are dead, and the Lord have mercy upon your souls." To this merited sentence Winter bowed: he B irlosoriticAL 1,k!": Tlierandinetcr. gm c I 0. Weati•! , ,r. IL. S TRUIV ExT:~: • •••1 rei C . '7.! • ^z RAR,