The Sun. — London, England, 1823-12-11 00:00:00

0-I ' ' 2 , __ • ' V; I' 4 1 , ...e -. "://' hi a Y ai- - 7i .. / / 14110 1 / 2 1 411 4/ (...,,,. it ,ti 4 --- ;, _ r. ....1 0 11 ,*:, - „ : j =7. statt , tmilis4o \ 1": p, ir / /‘ //wiz SIT • .. , • N UMBER 9766. THURSDAY, DECEMBER 11, 1823. PKICE SnvENp_rwit. VICTUALLING-OFFICE, Ilse. t, I 8411, THE COMMISSIONERS for VICTUAL . LINO His AujEsTr4,444vr, t o . do hereby 4141 * Notice, that on Friday, iii " Pith Instant, they will be ready to receive Tenders in writing (sealed up) and frose for the tender.usentionsd Articles, to be delivered into Wit Majesty's Victualling Stores at Deptford, da. i Tiosive Hundred Sacks of BISKKT MEAL ; to be delivered mew ha 1/ between Me Ist and 14th January neat, and the other Hoff between Me 12th and 80th of that month. Piny Tone of NEW BLACK SMYRNA RAISINS; to be delivered by the ' hat of January nest. And Fiat hundred Mille of GOLDSTONF. or BROWN WILLOW RODS (not less than 48 inches in length) to be delivered by the alit March nest, in monthly prepor. dfleO . • .'" luantstsee of NAILED Thrt/A1 HOOPS, .dad likewise , far such quantities of HOGSHEAD, BAR REL, KILDERKIN; FIRKIN, LONG and SHORT PINK, and sTiauT HAZEL WOOD HOOPS, as may he demanded for the Service of Me said Stores for the mewing year. . 3 , 40 P1et of the Raisins (of not lass than two pounds weight - "go of the Rods (of not fewer than boo), and of both de "rigions of h oops, must be produced with the Tinders ; and no Tender for a Ices quantity than 100 Mille of Rode will be admitted. Comlitions of the Contracts may be sera at this ()like. i _.nsteh Tender must spec' ti the price in words at length, and dolivered before One o'Clock - on the dog appointed; and M. Person who mak es th e T en d er , o r some Person on his • 4044 4 9. ) Must attend to answer when called for. M. MILLER CLIFTON. FORGET M E NOT. E 7 n This - Da; w - as published, R. ACKERMANN, anti to he had of all respectable Book sellers in th e United Kingdom, price its. "E FORGET MI NOT : a Present lisk for CHRISTMAS and he NEW-Yhatit 1824 ; srlrbel- I'.a With 12 highly-finished Engravings, from original De illps by em i nent artists. The literary d e p a rtment contains, v ,. 1111441 1 great variety of interesting and amusing matter in Frog and verse numerous contributions from popular pens. • A Miniature Edition of the TOURS of• Dr. SYNTAX, I n a Vol • 'D i _ O. price 21 5 .; containing, on a reduced Ecale_ , all the Tflithich embellished the m.o. edition'of that Work. MINIATURE being the Ninth Division of !'HE WORLD IN "MATURE, vol. 20 coloured Plates, price Bs. , Thy Divisions already published are as follow : I LLYRIA and DALMATIA, 2 vols. 32 coloured Pf. Ates, Pik. It,. W ESTERN AFRICA, 4 vols. 47 coloured Plates, price 201. TURKEY, 6 vols. 73 coloured Plates, price 425. HINDOOSTAN, 6 vols. 103 coloured Plates, price 4ss. PERSIA, 3 vols. 30 coloured Plates, price 16s. 6d. RUSSIA 4 vole. 72 coloured Plates, price 321. AUSTRIA, 2 vols. 30 coloured Plates, price 12s. CHINA, 2 vols. 30 coloured Plates, price 12s. Twelve ILLUSTRATIONS to the BOOK of COMMON PRAYER, engraved by John Scott, front Di awing. by Bur ry and Thurbton, .royal tiro. pride 10s. 6d. DUNCAN SMITH'S NEW UNIVERSAL PENMAN SHIP; containing 40 large pages. Imperial folio, price • ail. ed. ASTROCHRONOMETER, or Planispliere of the most important Northern Constellations, b_y a comparison of which with the Heavens, their Names and Situations may be easily learned; containing Directions for ascertaining the Time by ihrans - of them. Price 10s; 6d. Pamphlet included. • GEOMETRICAL RECREATIONS; affording an amusing -ILtsoduction to the Rudiments of Plane Geometry, Archi. ur Z i "'l Thawing, Grouping, &c . by means of tangibl e Fl. rice S *mil Di agrams , capa bl e o f endless Transformations. C till. AiWU • f — iII'ECTEIRAL RECREATIONS (being a Sequ e l t o -6re g ° inli): illustrating in an entertaining manner the 1 " 111 elltential Principles of Solid Geometry and Architectu- Sb,flovations ; as also the Ef f ects of Perspective, Light, and ili n t ° , lv ) bY means of Cubit: Section Figres, and Dirigt anis, ""'• of endless Transformation: s, •Prle u r 81. 6d. EPOSITORY for the CABINET MAKERS ' • 'uejETY, for every, Description of CABINET. PURNI 111` u nk FEATIIER BED an d MATTRESS SIANU 114,CTRY, No. 71, Corner of LEADENBALL IIEET, London, opposite Aldgate Pump.-Ready Toney Only. ' iiE Society of Ca.binet.Makers respectfully ld inf o rm the Public that they still continue the above n eblishment, for the Benefit of Industrious Mechanics who bi to l arge Pantil e s, by offering them Alanufactured Articles t hg. Cabinet Line, of the best Workmanship, and Cheaper the t TY.Rouse can do in London by twenty-five per cent., e wig no other profit required on the but th e bare s expellees ; at the same time will be sufficiently satisfied with h a 711' themselv es and families. vmg constant Employment for is Society was Established in June, 1821, consisting of Zioleelianics, adding the number of their Wives and Fami thetinPuoted to 66; in June, 1819; fi ve more were adde , d , to tt„l l erY; in June, i 820,10 ; and in June 1021, 8. Ihe , _ amber now receiving Support through the Means of hE:tablishment is 191. tne B(l clety and their Painilies beg leave to return their hith ete thanks to those Ladies and Gentlemen who have tior te _ ert° ,,,!Pooured them with, their Orders and Reconunenda finC,..'"Q, sha ll always feel happy in their endeavours to give ea ; at the same time solicit a Continuance of the milenevolence whereby they may be enabled to increase i th e q url iber of th e' Society. following Articles are inserted as a Specimen of the very P 14 w Prices, all warranted.-Ready, Money only. . bize Mahogany four-post Bedstead, lath bottom 31. 15s. it 11 11 1 11 u tent Beditead 11.95.--Border ed hair Mattress to 2 1. la, IL-Alahogany Drawer, solid ends 31.35.--Feather Bed fix -;,:- .1 )itto, free from dust and smell, full size 31. 1 0 s.- Wie'sl l . l4l4ll l , efi Chairs of any description in oil 11. 65.-Best do. Skt,.„ll4fi-stand 16s-Ditto, Dressing Table 165.-Hearth 11 44,; 4 . -- -3 ft. 6 inch e s Ch est o f D ra w e rs 41. 45,-Three-foot 1 41 , 4 13Y Pembrok e T a bl e 11. 10 s .-Th ree -f o ot ditto on pil. ‘ slaws 31. 155.-Alahogany Dressing Table 11.-Di , tto • „,N)l tb "p, t 11. 48.-Ditto Bedstepa IL Bs.- - Ditto ditto 11.121. tto 21. 2s -Ditto Box Glass, 2 drawers, best British Sai n t 1t... jhtto ditto Is. 65.-Ditto 4 ditto 11. 18s.-Ditto ~i 7 ttoilk l ,B ) large size, commode 35.-Ditto ditto 55.-Ditto ''tto ditto 125.-Sea lied and Pillow ss. lid -Ditto lreyll =Ditto ditto 75.-Tray Stand 75.-Long Mahogany ele 1),:t ,; 'J apanned Book Shelf 78.-Tea Caddy 10s.--Porta 4nt 414. -Deik covers in number 145.-Music Chairit rsitern•B Pse h R. lido-Eight Mahogany Chairs, covered with rto 71 . 4 , 4 1 bra.ss nailed 61. 65.-8 ditto ditto 01. 155.-8 ditto 4 1 1. 10 17;1 Trafalgar ditto 91. N.-Mahogany Sofa to match ,"cdsi B ea - `, l '',„ltto Couch 71. 10s.-Ditto ditto 81. 10s.-Ditto, with Vrried ". 10 s.-Set of Mahogany Card and sofa Tables, on Tables e 5 B l banded in rose-wood 111. 155.-Set of Mahogany ) ditto, the Card and Sofa, on pillars and claws 121. 121.- zlia(ibest that can be made-to order or pattern 161. 10s. Eck 1 71 mm 7 foot 6 pedestal, Sideboard, with carved pll` to i;ig f-abresitt° 7 foot 161.-Ditto 6 foot six 151.-Set of , of the last pattern, 4 foot by 10 foot 61 11.- I, 4l lic e :‘ 4 ,,°°t , 2by 11 foot IM.-Ditto 4 Riot (1 by 12 foot 6, s„..1 - 'f Spanish, an advance of 31.'Straw Palliasse 3 "t Bedstead and furniture 31. 15.-Bamboo Bed ..-Pilleu:kt,(l French elyptic top, with drapery and fringe, 81. Ips. t tth oot maho _ any. g four-post Bedstead and furniture, with ►e foot P e riee, hued all through, complete, 151. 10s.- Nth (11 ", ditto 16'1. 10s.-Ditto ditto, with cornice, of a Itst kt Make 181. 104 Ditto ditto, with gold cornice, ele ,tlitti ng-room Curtain s , of the best Mo. Ulitto tt n - f"' n t; fitted for window, 61, 6d.- 11 Ditto ditto 71- 7e. tim rose. ,t)rttin g 4 ePerior and elegant style of work, 101. 10x.- 1 P, P, tidal wood-Drawing-room Trafalgar Chairs with buhl. 201.-Table t, 2 Covers, an . d Sofa 181. bitto di ' 4 to Is. Draiving-roont Sofa 61. 65.-Ihtto. /I. Pi; tto Us.-florse-hair Ctishions, each hs. 6d.--CoYereu qty 44 Packed free o ß f W. TIIEJRNELL, Agent. v ie cotTmaity DEALERS SUPPLIED. s,in of Great and r iei t Lp i zee to the materials, and sent exceptthe East and West In jl let ptolos fitted out, and merchants supplied with C 6 Exrtation. -ea :wog for 70aea tmen rni shed at a few lours! notice, and twat day EAST INDIA HOUSE, Dec. 10, 1823 T HE COURT.of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST MIMES, do hereby give *phu t 'that they hay.,, received a LETTER, Copy of which i• at fellows :-- "To= the Honourable the COURT of DIRECTORS of the EAST INDIA COMPANY. " GINTLEM 44 We, the undersigned, being. Proptictors of East India Stock, duly qualified, request that 'the QUARTERLY GE NERAL COURT appointed to be held on the 17th instant may be MADE SPECIAL, for -ttof purpose of Considering a Proposition which will then he submitted, for Erecting in the Perish Church 'of St. George, Bloomsbury, at the Coin. pony's) Expenee;4MONUMENT to the MEMORY of the _ • Late;CHARLES GRANT, Esq. with an Inscription, expres sive of the deep sense entertained of the loss whi'cb the East India Company has , sustained by his Death, and of the high estimation in which his Character and Services are held. 44 We have the honour to remain, 44 Gentlemen, " Your very obedient Servants, , 41 George Grote 44 John Plummer H. Shank H. Howorth HenrYTrail Richard Kennaway James Shaw John Kennaway Charles Forbes Edward Fletcher Joseph Cotton A. W. Robarts Willtam Fairlie Charles Mills Henry Sykes Thornton William Heygate Henry Bonham Henry Raikes Robert Williams Thomas Lowndes D. Carruthers P. Heatley John Cockerell Geo. Cumming John limes John Rae Reid J. H. Tritton Joint Irving Grant Allan John Twining George Hartwell Richard Twining, jun. Claude Geo. Thornton George Brown /Eneas Barkly J. Taylor Charles Elliot W. Paxton John Fairlie C. Cockerell. • John Smith 1 London, Dec. 10, 1828." The General Court, appointed to he held at this House on he 17th Instant, is therefore made Special accordingly. JOSEPII DART, Seereterv. To Sail about the 15th December, For VAN DIEMAN'S LAND, and NEW SOUTH WALES, with leave to call at Madeira, TUE fine . new-coppered SHIP PRINCE REGENT, W. B. LAMB, Com- V,* ntand::r, burthen 400 Tuns,lying in the Len -1 • don Duck. Hat very superior accommoda tions for. Passengers, and carries an expe rienced Surgeon. For Freight or Passage, apply to BUCKLES, BAGSTER, and BUCHANAN, 33, Mark-lane. This ship will be followed by the Regular Trader Lusi tania, William Langdon, Comutander p burthen g5O Tons. Has the greater part of her Cargo engaged,. and will sail abaft the 15th Deerti,brr, direct FOR CEYLON, .tfor THE fine Coppered River built SHH , THAMES, A. t. JOHN LITsON. it? Commando. Burthen 370 lons, lying irt the City Canal. Has superior aceinninoda - lions for Passengers. Fur Freight or. Passage, apply to BUCKLES, BAGSTER, and BUCHANAN, 83, Mark-lanr. Ti., Sail in February, and to call at Portsmouth for Passengers, FOR MADRAS anti em.curfA, lir THE fine fast-sailing Teak SHIP GOLCONDA, A. 1, JAMES IVES ED ,' WARDS, Commander, Nutlet) 850 Tons. ,1 •:* ' Lying in the East India Export Dock, Black. wall. Has a poop, and very superior r4c. commodations fur Pessetigeis, and carries an experienced Surgeon. 'For Freight or Passage, apply to Messrs. FLETCHER, ALEXANDER, and Co., No. 9, Devonshire-square; or to BUCKLES, BAGSTER, and BUCHANAN, 33, Mark-lane. Is entered out, For RIO OF, JANEIRO, ' - N ,,, THE Fine Fast.sailing Coppered 4; t .MEDWAY, A. 1. Borthen. 180 Tons. C. '''. .EMERSON,IaIri k & MERSON, Commander. Lying in the l' .. "174 ..'" London Docks. For Freight or Passage apply to Messrs. BUCKLES, BAGSTER, and-BUC'HANAN, 33, Mark-lane. This Day were pnblished, price Ys. in boards. ANCIENT CHRISTMAS CAROLS; toge ther , with Two: Ancient Ballads, a Dialogue, &c., with the Tunes to which they were formerly sting in the West of England. • Collected by DAVIES GILBERT, F.R.S. &c. Second Edition. • " Mr. Gilbert has taken advantage of old.Titue, and made safe, for some Centuries at least, a record. of our ancient Christmas Carols ; and for this good deed has secured the gratitude of Antiquaries yet unborn. These Carols are ge nuine national Curiosities. I —(Lottil on. Altisetuu.) Printed for Nichols and Son, 2r, Parliament-street. HIGH PRICE . OF COALS. TO THE RIGHT NON: 'HE LORD MAYOR AND COURT OF A LDERME The public of the Metropolis, and the Manu facturers, being large consumers of coals, are under great ob ligation to you for the inquiry you are causing to be made In the present high prices. The great evil now complained of, I am fully persuaded, arises from the inadequate number of coal-meters. During several of the summer months, when the prices of coals were at a low rate, the pit-owners in the North restrict ed their vends, so that it was not uncommon for the ships to lay several weeks waiting for their turn of being loaded: and if, on the middle of a month, the colliery had delivered the quan tity agreed upon to be delivered in that month, the ship must watt until the following month, when its turn came round for loading. -- This, of course, soon brought a great demand for coals in London, as the market became badly supplied ; when • speculators were soon found on the coal-market, who discovered they could keep up high prices, as the demand being great, and that they could, from the want of meters, calculate what time it would require to work out the I ships, front the small number,.compared with the demand, of meters on the establishment. Thus the Coporation have been seconding the views of the coal-owners, and compelling the ship-owner to require a larger freightage from the delays he has been subject to , or relinquish t h e trade. Having made a complaint, permit me to suggest a remedy—That the Corpora tion do appoint a supernumerary set of coal-Meters, upon the plan adopted by the Commissioners of his Majesty's Customs respecting landing waiters and other officers; that when ships arrive in fleets, In order to prevent delay, give . employment to eupernumeraries; and I think it cannot be denied that the large consume rs and the p oor Inhabitants of the metropolis have a right to ask of the Corporation of the City of London, what would be demanded by the Merchants ofthe Commission ers of his Majesty's Customs, viz. officers to deliver their ships on arrival. 1 airs, respectfully, &c. P. P. S. There ar e at this time nearly aiio sail of ships in the a bout 70,000 ehaldron coals, waiting for mrhieetersr, containing about them, besides 108 at work, which of course have meters. LAW INTELLIGENCE. COURT OF KING'S BENCH, Dz.. 10. LINOARD V. EVANS. This was an action by Mr. Lingartl, a merchant, known in Lancashire by the name of Pan/ Jones, to recover back certain monies which he had over-paid on the share of the defendant, a warehouseman in London, of the profits arising from the sale of goods. It appeared th a t i t was agree d the defendant should have, two and a half per cent, p ro fi t on the sale of satteens, pur chased as e. joint adventure, and that the plaintiff should have the residue. Up to the end of 1821, there was 1 profit on the sale, and Mr. Lingard gave Mr. EVans two bills, amounting to 301., as his share ; but afterwards it was alleged that there was a loss,, and the plaintiff contended, that the defendant ought to repay so much of the money received as would cover his share of the loss. The Witnesses for the plaintiff did not prove the loss alleged; and instead of establishing an acknowledgment of a balance due from Mr. Evans to Mr. Lingard, they proved exactly the reverse. The plaintiff was according4y tonsuited. EVANS V. LINGAII.D. This WS a cross action between- the. , sone parties as in the former, in which Mr. SCARLETT proposes to sheen an admit ted balanciiof ?.L2l. from the defendant's letters. Th e le a rned Counsel observed, that the defendant was called Paul Jones, in reference to a celebrated buccaneer, and therefore the Jury would not expect great elegance or correctness in his epistolary compositions. No substantial defence was offered; but the value of some cheese being deducted, a verdict was taken for 2341. WILLIAM V. FITHICE. This was an action for assault and battery, to which the di fendant pleaded " not guilty." The Sotacyron-GEsrmaar. stated the case on behalf of the plaintiff. Mr. Williams was an officer returning from Quebec in the ship of which the defendant was master at the time when the injury was committed. The Captain being one day much intoxicated, struck the plaintiff on the deck of his vessel without any provocation, and had also shown his disposition to annoy him by depriving him of advantages enjoyed by other passen gers. The Captains of merchant vessels were of necessity in vested with large powers over all on board their ships ; but for that reason their conduct ought to.be watched with peculiar vi gilance and care. If the case should be proved according to his instructions, it would require the Jury to mark their sense of the defendant's conduct by a verdict for considerable damages. Mr. Spilsey, the mate of the late Alfred, commanded by the de fendant, stated that they sailed on the 17th of August, from Que bec, with Mr. Williams on board as a passenger. On the 31st of that month the Captain came on deck in a state of Intoxication, and challenged any man to tight, but no one accept e d hi s o ff er . He then went up to Mr. Williams, who was walking near the binacle, asked him who he was, and, using an extremely vulgar expression, struck at him, but the plaintiff warded off th e blow with his arm. Mr. Willi a m s carried the Captain down to bed. A fortnight afterwards the parties had words, when the defend ant made use of unbecoming language. On cross-examination, the witness said that the Captain, on the morning after the assault, expressed his sorrow for what had passed, and the plaintiff replied that he had carried hint below as easily as if he had been a child. The Loup Cum? Jurr tot observed to the SolicltorAle neral that he could scarcely expect more than 405., and the jury would probably give him that sum. The SOLICITOR.OEXERAL acquiesced in this suggestion. Mr. GuusiEY, for the defendant, also agreed to the pro. posal, but remarked that the statement of the Solicitor-General was by no means borne out by the evidence. The Jury accordingly found a verdict for the plaintiff-- Damages 40s. LEA a. BUDD. The plaintiff In this case, who is a merchant residing in Friday-street, brought his action against the defendant, a carrier, charging him with the loss of a parcel which he h a d r e . teiveefor conveyance by the van, from London to Cheltenham. Qne - Of the — eiStatts h the rieclarattew shared tile defendant with not delivering it in due time. The plaintirs servant carried the box in August last to the King's Bead Inn, kept by the defendant, and booked it to go by the van from the Saracen's Bead. Inquiry had p r eviously been made, and the person was told the van left laindon on Saturday, and arrived at Cheltenham on Monday. If the parcel had been sent by that conveyance, the plaintiff would have received It on the Monday, and have been able to exhibit the contents, which consisted of patterns to his customers, but the defendant, instead of sending it by the van, pet it in the waggon.—The consequence Fa* that the plaintiff, to his great disrpoint ment, did not receive the box. It did not reach him, but was taken back to . London. The question was whether the defendant undertook to send this paled by the van ? If he did his contract was not performed , onci the plaintiff entitled na recover. The Jug found a verdict for the plaintiff; Damages M. The defendant consented to deliver up the parcel. COURT OF COMMON PLEAS, Dec. 10. I►Ut3l £ND AIRY t•. htAY AND XOItTON. This was an action brought to recover a sum of 44111. paid in error, on account of the defendants. Mr. Scrjeaut Lt. awed the Cage to the Jury. It appeared that the defendants, respectable Solicitors, had been employed by a Mr. Pugi, and put in hail in a wrong county, in come. quence of which error Mr. Pugi was fixed for the same. Ile then brought his action against them, and recovered the sum of 2001. They afterwards sued out a writ of Error in conse quence of sonic flaw in the proceedings, hut the original judg ment was confirmed, and the present action was brought to recover that sum, with costs. Mr. foyer, a solicitor, 'produced an office copy of the recog nisance of the hail, and also the judgment in the original ac tion, amounting, with all the costs incurred, to 4461. Ills. In his cross-examination, he stated that he had been em ployed by Mr. May to apply for the repayment of the money, and In the event 01 refusal to bring this action. Mr. Serjeant for the defence, objected to the right of Mr. May to be joined with his co-bail in this action, he having paid the money personally, and having, therefore, a right of action against them. L'his objection was overruled by the JudKe (Mr. Justice Dula° van), and the Jury found for the plaintiffs-4461. 10s. A TA I LOit'S FUGAL V. TOULALASIE. This was an action to recover from the defendant it sum of' 6/. Mr. Serjeant Vartan.ot stated, that the plaintiff was a tailor residing at 'Woolwich, and the defendant a gentleman of high station in society, who had got a fortune for changing his name. The plaintiff- hwl furelithfCtlte defendant's son with a suit olckithen - whitfrthe deltritlint 'refused to pay fr, and that circumstance gave rise to the present action. The Learned Serjeant observed, that he understood the defence re. lied upon on the other side was, that the clothes were not of a description suitable to the young gentleman, but it would be for the Jury to determine whether that was the case or.not. Thomas 'fhclkel, nn irritable t iourneyrnan tailor, with sharp eyes, small visage, and characteristic air, proved the making of the clothes , and the delivery of, them to the young . gentleman, who was a Cadet at the Academy at 14roolwich. Cross-examined by .Mr. Sergeant PELL : .How long have you known the plaintiff? Witness— A long time. I have worked twelve years at Wool wich. I have been in the artillery myself. Mr. Serjeant PELL—Then you have been a Cadet, I suppose? Witness—Cadet, indeed ! Oh, no ! I'm'no gentleman. Lord bless you, I'm only a joumeyman tailor. Mr. Serjeant PE Lx. - ..Very well, John, don't be angry. IVitriess—My name is not John, hut Thomas. Mr. Serjeant PELLIVeII, Thomas, look at that paper (handing him the order against furnishing Cadets with articles contrary to the regulation of the Academy), and tell me if you seen any like it in the shops at Woolwich ? Witness-_l can't read it without my glasses. Mr. Serjeant PELL—I - Jere take mine. Witness—No, I'llput on my awn ; I like them better. Mr. Serjeant PELL—Very well, then put on your barnacles. Witness—(having put on his spectaclea.)—l think I have seen papers of, this kind before. (Aside.)—l suppose there lawyers w an t to make a fool of me, but they will timid them selves mistaken. Mr. Serjeant PILL,----Where have you seen them P—l can't say where itiyixt GOD and my conscience. Mr. Serjeant PELL.--.A tailor's conscience ! Witness.—Tailors have a conscience as well as lawyers.—(A laugh.) ArT• Seljeant PELL.—IIaYe you never heard your master talk of a regulation against furnishing young gentlemen at the academy with clothes ? Witness.—My 11 ester never talks to me OD such mitten.— atn only his journeyman, and my business is to work, and not to talk. Mr. Serjeant PELL..Have you never heard any thing said about it ? Witness.—Never. Mr. Serjeant Pzur..--You may go &tam, Thomas, you are a very honest fellow. Witness.—l hope I amt and so best for myself. C-2orge Latten, an apprentice to the plaintiff', Komi the de. livery of the clothes, and denied all knowledge of the .prohibi. tory order in question, Alexander Calder, a quirtermaater, proved that the young gentleman had left the academy for the vacation, raking his clothes with him, contrary to the regulation, which directed that they were on all such occasions to be left in the care of the witness. llr. Justice Ilunnonort was ofopinion that as yet no evi dence had been adduced to make the father responsible. Mr. Serjeant Pimi. submitted, that there was nothing to show an implied contract between the plaintiff and the de fendant. Mr. Serjeant VIUGITAN contended, that- in theiabsence of all proof to the contrary, it was reasonable to infer, that the young gentleman had gone to his father, at the vacation, and, therefore, the, father amid be conscious to the transaction as he must have seen the clothes. Mr. Justice Lltrunotrou said, that as yet there was no litloll to shew that theyoung gentleman had a h i the r at a ll. Mr. Serjeant Vairou AN—l'll prove that fact immediately. 41 gentleman named Moffat then identified a letter as being in the hand-writing of the defendant. It was in answer to an application for payment made by the plaintiff's solicitor, and it denied that the defendant had any knowledge whatever of the transaction in question. It also went on to say, that those who allowed boys under 15 yea!" of age to "accumulate bills," de served to lose the money. Mr. Serjeunt PELL addressed the Jury for the defendant, and said, that his client had resisted the claim purely upon principle and not from any consideration as to theamount, were it even much greater than the paltry sum of tk. lle asked the Jury, whether they were prepared to believe for a moment that a gentleman of Col. Toulmash's rank in life would send his son to Woolwich, without furnishing him with every article that was necessary for him as a cadet ? The reason why he refused to pay this hill was, because the plaintiff' had not only furnish. ed the young gentleman at Woolwich, but also at Oxford and Cambridge. The Learned JUDGE then called the attention of the Jury to the flicts of the case, and said, that there was no evidence whatever to shew that the father was conscious of the transac, Lion, or thai there was any thing like an implied contract be. tween the parties.—The tailor was nonsuited. PREROGATIVE COURT, Mu. lfk BELLS (ItY TUEIR GUARDIAN) SELLS This case has been previously before the Cotirt, and was most ably argued, on Mo n d a y l ast , b y t h e Learned Doctors at both sides.—This morning Dr. LusittNOTOX replied. Sir Joint' Nicitor.r. observed, before the Learned Coun s el had proceeded far, that he wo u ld save him the trouble of fur. thee proceeding, as he was quite sati s fied. He then proceed e d to give his judgment. The deceased, he said, died in 11121, leaving a widow and one child, and possessed of property to the amount of 4,0001. or 6,000/. ; he was married in 1002, but shortly after the birth of the first child, they separated,-and have not cohabited together since; in 1807, deceased formed an illicit intercourse with a woman, named Elizabeth Clarke ; she gave up her business, and entirely went to live with him having by bins, at the time of his death, four c hild ren , the eldest 14 years of age, and the youngest ten • during their intercourse they lived together as legally married, and it w as t h ere f ore highly probable he would at his death have made some testamentary act in their favour ; deceased had been a wire-worker in Fore-street, but becoming extremely cor pulent, and in consequence very indolent. he gave up business, and went to reside at Waltham Abbey in 1821. On several occasions he came to town, and when he did so, he used to lodge at the house of one of his old neighbours, a cheesemonger, in Fore- s t ree t. I n t h e mont h of November, he so came to town in company with Mrs. Clarke, and in his hearing she expressed to Mrs. Swinburn, the person to whose house they came, that Mr. Sells had come to town to make his will. On this day he did not do so, having business at Somerset-house which occupied the mo r ning; but on the I following day the will was prepared by Mrs. Clarke, which was in a most informal state; it began by disposing of the property, expressing it as his last will and testament, and leaving Elizabeth Clarke all his personal property, of what. ever nature or kind rawer; all his debts, funded property, plate linen, &c. &.e. to her disposal, for the maintenance of his four children. lie also left her his bills and rents for the maintenance of such children; the will is signed by the tes. tator, and regularly attested by three witnesses; but the will is written upon a slip of paper, such as in used for receipts or drafts, and is written on both sides. If deceased knew and approved of this paper, it cannot lie considered as any fraud or contrivance. The experience of this Court, continued the Learned Judge, teaches us that persons do frame their wills in a whimsical and singular manner. Extreme eccentricity does sometimes occur where no suspicion whatever arises; the paper, however, now propounded is found in the deceased's pocket book, and is dated at a time when he was in full possession of his faculties, and by being found in his pocket-book, where he had kept it since it was made, rendered the probability very strong that he intended it as his last will, and wanted no further evidence to support it. This was prima Aide presumption he intended it as his will; looking, however, at this woman (Mrs. Clarke) the Court is not much surprised at what she may say; she has been living in open adultery with this nian ; she Is not taken in an unguarded manner, but by a regular compact, breaks up . her business, and lives with him; and then, to crown all, gives out that she is married by a Catholic clergyman ; the Court, under these circumstances, could not believe her on her oath; but there were ibur other witnesses, whose evidence is material to the validity of the will ; their evidence is not in the least impeached, nor does it appear that circumstances have been mentioned between them, or that their -evidence was preconcerted. The Learned Judge then went into a general statement of the evidence, and finally gave his opinion that the testator intended that the paper put in shouter operate as his will, and the Court decreed accordingly. SHXRIFF'S COURT, CoLEUANrSTAEZT, Dn... 10. licfore the Secularity, Mr. COLLINaRIDGE. LAING): V. stannts AND ANOTHER. Mr. Pult.r.irs, for the plaintiff; stated that this was an ac tion in which the plaintiff complained of assault and false im priaonment. The defendant had sabred judgment to go by default, and the present Jury wereassembl ei t to asses damag es . —The Learned Counsel then proceeded at considerable length to state the case to the Jury. His client, Mr. Lainge, was a gentleman of great resp ec t a bility, t h e master of a merchant' vessel, called thc Porcup ine. The defend a nt s were C apta i n Harris, of his Majesty's frigate Hussar, and his First Lieu tenant. In. September last, the Porcupine was lying in the Tagus, otf Lisbon, where the defendant's ship was stationed. —Whilst the Porcupine was in this situation, laurel of her men were tempted to enter on board the men of war who were lying around, or they deserted. One of them went on board Capt. Harris's ship, and on doing so deinanded a certain sum for wages which he said were due to him. There Ataing some dispute on the subject, Captain Lange refused to pay his demand, desiring that the matter should be refiarted to the British Consul to settle. Instead of this course being taken, however, on the 13th of September last, about nine o'clock in the morning, the frigate's barge, with the Lieutenant, who was joint defendant with Captain Harris, and an armed crew of 20 men, came alongside o f the Porcupine, and the Lieutenant and several men came on board, and delivered Captain Harris's orders to Captain Lainge for his going on board the Lluesar instantly. With this peremptory order Captain Lain °, feeling that Captain H arr i s h a d no aut h or i ty to issueit, refused to comply,' and retreated to his cabin, determining not to compromise the rights of those of the same class as him self, by voluntarily submitting to an order so issued by any officer of his Majesty's Navy whoever he mi g ht b e . Th e Lieutenant then addressing his men who had come on hoard with hint, and using the most insulting tone as applied to Captain Lainge, desired them to go down and bring that man up. They accordingly went dawn to the Captain's cabin, and he being obliged to submit to so superior a force, came up, protesting at the same time against b e in g un d erstoo d as submitting voluntarily, and got over the ship's aide into his own boat being directed so to do. The Lieutenant and his men i got into the barge, and t o ok C a p t . L a i nge ' s b oat i n tow, and n this degrading man ner h e was towe d th roug h a fleet of 200 sail, to the Hussar, Capt. Harris's ship. lie would prove in evidence that it was impossible a more cruel course than this could have been adopted towards Capt. Lainge, a gentleman, a man of honour, and an individual well known in the city or London, and highly respected by all who knew hint. Th Jury would hear f rom t h e witnesses whom he should call, that e for an individual to be towed through a fleet, at the stem of a man-of-war's boat, was most 'disgraceful. It was a situ ation in which only those were placed who were accused or the most degrading crimes, such as theft or desertion, met who were going to receive punishment for such ciffence.s.--,.. In this state, however, was Captain Lainge taken througii the fleet to the defendant's ship ; here he was taken on board, and that with such roughness, that his antic way violently sprained, and he received so severe an injury as to confine him to his cabin, and deprive him of the use of his foot for five weeks: He was detained in)ltts state for u p war d s al/ two heurs, and t h en a message wrist sent to his ship for some of his own.erew to come to the frigate and take him back to his own vessel. For this assault and detention it wait - the t the jury were now t o g i ve Al r. ' Lainge a remuneration, anti should lie make out the case as suited in his'instructions, he trusted the jury would give to his client .emple darnattes,_on.l prove to th e contmanders of ships of war that individuals commanding trading vessels had rights which were not to be invaded by them with impunity. The Learned Counsel pro ceeded to call the following vitnesses, . John Leach - wag seaman on hoard the Porcupine, of whirl; ship Mr: .f.atinge was Captain; recollects, on the morning 0:' he Ifith -of *Soptem her, - thereleoits , ,holaitgitig to the Histsae, Captain Harris's ship, coming alongside the retecopinc: there were an officer and several men on board. Witness observed the officer awl four or five men come upon the' deck of the Porcupine, and soon after saw Captain lAigue go down into his cabin, and the officer follow him. Captain Lainge soon came upon deck, hod went over the ship's side Into his own boat. The officer went on board the man of war'e boat, anti took Captain Leinge's boat in tow, and he was thus taken at the stern of a man of war's boat through a fleet of 240 vessels. One of the men belonging-to the Porcupine called to witness, saying," Look at our Captain, they are to w i ng hi m through the' fleet at t h e i r stern." It is a great disgrace to be towed through the fleet at the stern of another boat ; it is only done to persons who have been guilty of borne serious crime, such as theft or d esert i on . Captain Lainge was absent some time, and then Caine back in h is own b oat to the Porcupine.— Saw Captain Lainge afterwards sitting in his cabin with hire steward, bathing his leg. The Captain was not lame before he left the ship ; he continued lame for five weeks. Cross-examined by Mr. ATIOLPIIVS.—I don't know how he was lamed. The boat passed through the fleet : don't mean to say they went unnecessarily through, or round the different ships. To be so towed at the stern of* man of war's bout is disgraceful. It is seldom clone to any one not guilty of theft, or some disgraceful crime. There was plenty of room in the man of war's boat. William Grant, a seaman on board the Porcupine, saw the frigate's boat come alongside the Porcupine. There was an officer and about twenty men in her. The officer and four others came on board. Captain Lainge went clown to his cabin on seeing the boat alongside. The 'officer desired his men to go down, and bring that man up. Captain Lainge was fo rce d up from his cabin, a nd p ut a l one into his own boet, and towed - at the stern of th e f r i gate ' s b oat through the fleet. Ile was afterwards brought back in his own boat, and was very lante4 Captain Lainge was now in Court ; be was the chief mate Nicholson. Captain John Black had been master of a merchantman eight years. Saw Captain Lainge a few days after this transaction he was very lame. If any dispute arises in a foreign port amongst Captains and their men, it is usual to refer such dial pute to the Consul, if there is one at the port. There Was at this time a British Consul:et Lisbon, and an Aciniiral'a (Neale's) flag flying. To tow a Captain of a merchantm an through the fleet at the stern of a man of war's boat was dise graceful. Cross-examined.—It was not usual, even if a dispute should arise between a seaman and the Captain of a merchanttnan, for the Captain to refuse to pay the man's wages, or to detain his clothes and betiding. The Admiral's flag would be fir ing whether te was on board or on shor e it h e was on the station t had seen a man towed through-a fleet to receive pi. nishinent, but then he w a s towed alongside of every ship, and a drum generally beat, so that a person would see the pu. nitihment. Re-examined—lf I saw man towed et teath stern of man of war's boat for a mile, I shonld consider disgrace, and should consider that the man was going to punishment If a seaman quitting a merchantman, and going on hoard a man of war, had wages clue to him, the Ceptein was not obliged to go on board the Man of war to pay bins. It was usual tO refer disputes, if any aros e , to the Consul. Ralph Menzies was on board the .Poremplee when the Lieu. tenant came on board from the Hussar frigate. H ear d t h e Lieutenant tell Capt. Lainge that Capt. Harris wanted to see him on board the frigate. Capt. Lainge said, if Capt. Harris wanted to see him, lie roust come on hoard the Poreephir. The Lieutenant told him if lie did not go willingly he would be taken by force. Capt. Lainge did not go freely, he went by force. Witness did not mean to say any one laid hands on the Captain ; but he did not go freely. Air. Scott had been a captain in the merchant-service 18 years; has known Capt. Lamp 14 years. Ile is a man hold. ing a most respectable rank in society. Witness would con: cider being towed at the stern of a man-of-war's boat as the greatest disgrace that could be inflicted on him. lie should consider it es had as to put a merchant of London' at the cart's tail, and drag him through the streets of London. Mr. Urquhart had been 45 years connected with the Mers . Chant-service, and confirmed the testimony of the lust witness. Witness had nes er known such a mark of disgrace inflicted on. any one except an individual who had subjected himself to' severe punishment by misconduct. Mr. Anotontrit observed, that going from a merchant man to a Xing's ship was no desertion—no offence; but, ea the: contrary, was even meritorious, if the service required, it; and that the King's service superseded every other. It had been said, that a captain was not compelled to pay, a sea. man who quitt e d hi m t h e wages due to him, but that the seaman would have his remedy on his return to this country. Was a seaman, who hail wages due to him, to be tent *mi. , less on board a man of war, to he absent from 'his country, perhaps, for years, an d t o l oo k for his remedy against the individual who unjustly withheld from him the rights till his return home, when, perhaps, his former eaptam might no longer be alive, or, if alive, might not be to be tbural Where then would be the poor man's remedy It *peered in. evidence, that if a seaman quitted a trader, and went on : bear& a man of war, it was usual to pay him his waffati, if any were due, an the bulk-head of the vessel. This CepteitfLeihge refused to do i end one of Ilia men .being on beau' Ceprearl' Harris's totem, Captain Harris sent &message to no t e og desiring e him. The reply was, that he wuuldome and if Captain Ilerris wanted to sec hint, he must crane on board the Porcupine. This was somewhat hold and sturdy on the part of Eaptain Lainge; and it wee not surprising if, after such a declaration, the officer rather preferred Captain Lainge's room to his complus) , in his boat, and therefore took Captain latinge's boat in tow, us described by the winiestaes. A talc was told of violence towards him, but no violecee was proved. It was HIM the cabin Wee forced with 'violence' by armed men, but there was no proof of any such thing. It was also said that Captain Lainge`a ancle was sprained, but no . one could tell how or when it wait done; but then came the great aggravation of the case—that was, towing the beet through the fleet, and the disgrace attached to th at fact. But how did the fact turn out ?Why, that so far from oing through the fleet, they made a direct route to Captain Harris's ship, and that it was rather a matter of choice on the part of' the captain to go so than otherwise r here were no marks of di ace at. tached to his progress, no rowing up to the ditibrent xhips, no. drum beating the rogue's march, or any thing to point him out as a person disgraced i but he was towed *long, say you, at the' stern of a man of war's boat. Why, so formerly criminals were taken up Holborn ins cart; buttlid it follow, that at that time every one who travelled up Holborn in a cart was to be taken for a criminal ? Certainly out, unless the sherifii and their officers accompanied him : 80 here neither was there any disgrace in being towed at the stern of a men of war's boat through the fleet, unless accompanied by the drum and fife, and the exhilarating notes of the rogue's march. litt could only consider this as intended to give a higher coloming to the case, and as an attempt on the part of the plaintiffto drew hem' the pocket at' the defendeut, an officer as distiuguiahed for Ids urbanity of menners in peace, as for his conrage in vier, a larger sum as damages than he could otherwise hope to alum. The defendant, having suffered judgment by default, some damage* must be given; but he was convinced, as the injury which the plaintifi'had sustained was almost niuninal, so would, the damages in this case be. The SECONDARY aimed up the'evidenee. The Jury retired fora few minutes, and then returned with , a verdict ofloo/..damages for the plaiutiff.. 'l4 h r~ 41 0 'fA '