The Sun. — London, England, 1812-12-23 00:00:00

I'iUCE OF STOC. Bank Stock, 223 Navy 5 per Cent. shut • 5 per Cent.' 1707, - • 4 per Cent. 77j t per cent. GCE- Col ' • 5 per Cent. Con. shut • aali L. ‘‘...2111. 15 11-I;:ths e - \s\/ IMPERIAL PATILIKMENT. HOUSE OF LuRDS, TLIEADAY, DEC. 22. The farther bearing of tile Scots Appeal Cause, Cr :;da.ilie v.: Aikrnau and. others, which stood for this day, Iva:, adjourned until after the Recess. ROYAL ASSENT Was given y7 ---- COrnnlZllto the Exchequer Bills Bill, the Wellington E3tate, Place and Pen sion Duties, insolvent Debtors' Amendment, Gold Coi:1, Household Bill, Rice Duties, Spanish . Red Nl:nes, Orders in Council, Indemnity,' Cho colate Dtitics, i ost, °t c•• Franking, Malt Tax, and the Corn Distillation Bills. • The Lords Comtaissioners were, the Lord Chancellor: the Duke of Montrose, and Lord AVal shigham The LGRD CHANCELLOR' stated, that with re ference to the Apreal of the East. India Company, which stood tor - a further hz2iriug this, day, on a Question of Tithes, such, 'coninnaniCa . tions took Place in the forenoon as would enable him to move the judgment of their Lordships upon the second - clause the day after the Recess. The House then, on the motion of Lord WAL ELNGIrAIII, adjourned (for the Christmas Recess) until Wednesday; February .3d, next. HOUSE OF COMMONS, TUESDAY, DEC. 22. The SPEAKER V 7,23 summoned to the House.of 1 Peers. On his return, he informed the House that the Royal Assent had been given, by Commission, to the Customs Cen.solidotionßill, and several other The. *port of the Collier \Fork Petition was brought up by Mr:P, Boone. The. SVEAKER informed the House, that the Three burgesses who had presented a Petition, complaining of the return for Great Grinstead, - tad not entered into the necessary recognizateces; - and consequently= the Petition was lost. He. Also acquainted the House that - he had received a letter from theXteputy . Clerk of the Crown in Ire land, inclosing a Petition from F. W. Ponsonby, Complaining of the return for Youghall. The Petition was ordered to be taken. into considera tion on the same day appointed for taking into consideration the other. 'Petitions on the same subject. . On the Motion of Lord CASTEgftEAGI : I, it '.ylS ordered, that the House, on its rising, should ad, joutn to Tuesday, the 2LI of February. • Lord CASTLEREAbII having been returned for the County-of Down and the Botough of Glithe e, stated it to be his intention tb stand for the County of Down. A new' Writ was- ordered for the Borough of Pitheroe. • - A new 'Writ was ordered for the Borough of. Malnisbury, in the room of Sri C. Saxton, -who having been returned for Malmsbury and Cashel, •' intended standing for thelatter. • • - The Registrar of the Court. of Chancery pre *sentet Returns of the Pleas, Demurrers, Ike. in that Court.--Ortieeed to lie on the table. An Hon. Member-, whose name we could not learn, wished to ask the - Noble Lord, (Castierf.s.agh) 'what foree vvits,stationed ell America, to - protect t otir trade, against :the A m ericans ? He also wished Ao observe that .apprehensions were enter ained for the Packets from. Jamaica and othL:r islands. It had been custonlary for them to be convoyed as far as the Windward islands, ../"..t present, -it Allos - thonght," - kteduld be .desirable to convoy - them farther on their voyage, if not all the Ivav to England. If the attention of Government Were not turned to tine , :e subjects, he had it in. content": ' tiation make a Motion on the subject, shorCy , after the recess. • Lord CAsTLEIZEACUI was next able to give the Rononrable Member information on .the subject to which•he bad last alluded, as that came within the province , of the Colonial Department. With - respect to the farmer, as to the nature of the di:l - of our naval force on the American sta..- tioti, lie was not prepred particularly to *ilk, licit at no period had we suffered less from a war. Our fleets had all arrived safe, ,and the losses sits tained-by private ind:eiduals were comparatively sl len. '1 ire force stationed at America had from . the .first been large, and it had been reinforced . as soon as Government had, any reason to appre-: ;bend n werwould break out. MANtUNG obtained leave to bring 'in a , Bill, to emend the Regent's Canal Pill, of last Session, • - Sir F. PUPDE.TT wished to know if any after,. tion it heen paid to the ease of the Clerks- of. the Navy O ice. He thought theirs a 'Lard "'JP , to be dieinissed from their situations after paying' large sums of money for theni: Lord cASTLEREAGEI replied,' in a tone scarcely audible in the gallery. We:understood hint to say, the case alluded to was One of remote date, and therefore .could throw no imputation on the conduct of the Noble Lord at present at the head of the Admiralty. ec,ir F. Btiansvi' did riot mean to prefer a charge agains' the present First Lori of the Admiralty, lint be thought it a serious charge against Lord e • .:trharii. ',Fite individuals affected bad a strong claim upon Government for their services. • Mt: G . P.AN j. flNuired if it was the intention of the Chancellor of to ENcliequer to presS the pro , visions - of the Local Tokens Bill ? • • The CHANCELLOR of, the .XCIIEQUEII. thoug ht lie bad given an answer to Op question on a for mer occasion, ,When he had stated that he felt the necessity.ot carryinithe 'Local Tokens Bill into ,elfect ; but, neverthetess;'as some inconveniences, roc ht be felt fronethe want of a sufficient niunber of Bank Tokens, he bad formetbthe design of de ferring its operation for some months, till a more liberal supply of Bank Token could be furnished. The period to which he had thOught of defer ring its operations would extend - to next summer, or thereabouts. The House adjourned next :o Tuesday, the 2d of Feb. :KS YESTWIDAY. India Stock, - • ndia :Bonds, Gs. 7s. dis. Old Arn. r Exchequer Bills, Sid. per day, I . "is. ls.'pr. . ..... iDitto, aid. Per day, Qs. „5 ..f. la r. • 0 - minim, legi • . . . Cow. bar Ir.th Jan. tWN‘.I,I, LAW REPORT.' Or KIN'G'S BENCH, DEC. 44. BENJAFIELD V. ViHtI!LE., Thii % wrist an action by which the plaintiff; 6p• taro Benjafield, a Magistrate of the county rifSuf folk , sought to recover from the defendant, the proprietor of the Newspaper called The County Chronicle,' a compensation in dathages for a libel . published against hire in' The County chronicle of the 3d of March last. The publication charged to be a libel 'was in the following words : 7 " Captain .Beajafield, formerly Editor •of The Horning Post, has been 'charged by his -brother. Magistrates, of Bury St. Edmund's, with obtaiw ing during his Editorship, an annuity from the Prince of Wales, for the suppression of articles sent to that paper, reflecting on his Royal High ness and a certain Lady ; this, Mr. Beniafield for a• time, positively denied ; but upon an investiga tion, with the production of two explanatory let- . ters front Earl Moira and Captain Cocksedge, the fact was' completely established. The annuity, it is true, did not appear in the Prince's House hold Accounts. but was granted through Mr. Wcltjie to the late Mr. Tattersall, the other Pro prietor. Of The Morning Post, and front Mr. Tat tersall, and 'subsequently his Executors, Mr. Ben jafield has continued to receive the annuity for more than twenty years." To every part of the Charge, the defendant entered a plea of justifica tion, and on, this issue was joined.- The SOLICITOR-GENERAL having stated the case on the part' of the plaintiff, and enlarged on the:injury which so gross a charge was calculated to do to the • character of the plaintiff, as a Gen tleman, and 'as a Magistrate, called witnesses, who proved the publication, and also that the defendant was the Propriefor, Printer, and Pub lisher of The County Chronicle, .in which paper of the 3d of March last, the publication appeared: _ __ • Mr. Hour,. tOr the defendant, said; 'he should have no difficulty in proving the truth of the pub liaation in question ; and that being the: case, he should . be entitled to a - verdict in favour of his client. In this the grand difference between in dictments for libels and civil actions, by ,which _compensation in damages was sought, consisted. In cases where remedy was sought by indictment, proving the truth of the statementl world not avail, because, as the-offence charged was c.alcu latcd ; to create a breach of the peace—that was truly of a criminal nature, ar.d deserving of pu nishment, whether true or false. In actions of damages, however, the case was entirely different. Tbcre the reparation sought could only be of a civil nature, and proportioned to the injury sus- . tained. ' If what was stated of ; a person was true, there co.* be no'injury for which he had a right to‘eivil reparation, done to him in. mentioning it. A man could not be.entitled"to compensation for a loss %villa he had not sustained. He only could .he entitled to indemnification for any supposed pecuniary loss who had brought ,into market what was saleable. Would a fair frail one, who hadbeen too, liberal of her favours, 'be entitled- to a com pensation for that character which she had already forfeited and ? On. the saute principle, could the present plaintiff, if . he had lent himself to the publication of he had so far prostituted himself, as to receive money for the admission or suppre:ssiun of them ;—in f4ct, he. was at this mo meutb in keeping, and receiving tin annuity on this account ; could he be entitled to come into a Court o; Justice; a•:±d to demaqd compensation for for the ;OS's' of what lie hati not possessed ? • One of the Excutors of the s late Mr. Tattersall was called, who proved- the payment uf . the an nuity to Mr. Benjafield. A letter front Mr. Beniafield himself was also givOn in' evidvnce, in which 'he remonstrates against the deduction froth the annu'ty of the amount of the Income Tax, 'stating that it was flillerstood that_the annuity was to be a clear an 'nuity of 3101.. free from all clednotiqus ; and that it not made so, he must be under the necessity of applying on the subject to a certain Illusttious Persouagc. The Earl of MoIRA was examined as a witness,' and proVed, that in consequence of an applica tion made to him on the, part of Mr. Benjatield; repo. ting from his Lordship a testimonial as.to the' fact of no such annuity being'payable tp him out of the revenues -of his Royal Highness-- 7 such a testimonial being represented to him as necessary • to do away the effect of certain calumnious para graphs which had appeared against him—his Lord - 'ship did grant to Mr. Benjafield such testimonial, supposing and believing, at the time, that it was .correct.—Upon looking more minutely into the matter, however, and examining certain docti n;ents, his Lordship . saw cause to withdraw the testimonial he bad given x and accordingly he wrote a lettQr to the Bench of Magistrates of the . County of Snffolk, assembled at Bury St. Ed mund's, acquainting them with this change in his Lordship's opinion ,and impressions. 'His Lord.' ship knew nothing, however, of the cause or causes for granting such annuity. • A gentleman connected with his Royal High. : ness's revenue arising from 'the Duchy of Corn- Wall was then proposed to be adduced on the part of the Defendant, for the purpose pf shelving that the annuity in question formed part of or rose from, that revenue. This fact, however, being admitted, any evidence on the subject became nn necessary. The SOLICITOR-GENERAL, in reply, contend ed, that the justification was in no . respect made out. Lord ELLENBOROUGU complimented Mr. 'jolt on the ability with which he had conducted the cause of his client.' From the knowledge which that Learned Gentleman possessed of the Law of Libel, as his Lordship had seen displayed in a work bearing his ,name, and which did him much Credit, his Lordship was convinced, however, that the Learned Counsel could not look for a verdict in favour of his client in the present case, after the evidence which had been given. That evi dence, no doubt, did go to.shew that z - zn annuity was ...paid, and that, too, out of the Piince, of Wales's revenue, to 'Capt. Benjatield ; but, was there any evidence whatever of this annuity hey ingheen 'granted " for the suppression of arti.;:les sent - to the Morning Yost, reflecting on his Royal ,Highness and a certain 1414 ?" The justification ,went to the whole, and to support that justi tetra, c: :cacY tour; the wliole . .ength of the „. charge, and suoptheting it. iii every, ;art, must be. ichluccd. Again, the testimony ofthe Earl of Mdira, no doubt;.' Went to shew,,tha : t', when his . Lordship had seen - canse to retract the testimonial: he had given Mr. Benjafield„ he communicated that ciienmstance to the.M4:sthites of Suffolk ; but did this prove the . itistificatiorof the 'allega tion in • the libel, that, ”in consequence of the production of . these letters, the fact was coin d 1. - pleteiy estahliShe” To have proved thiS - ,.and to have mad, opt a to...gxplete justification of the charge, as broad as the Charge itself, some of the. Magistrates who were seated so to huye acted, ought,to:ltve , adduced. in these. respects, tberefbre, his Lord Ship was of opinion the plea of justification had not been stipported,.; . and, of course, ,that, the plaintiff was entitled to their ver diet.: AS to the atno&rt adfiruages, that 'Tvai a gaestion entirely for their consideration; . and, in the circumstances of the case, as they 115'1d been, proved in, evidence, they would, probably' bar of opinion tbat. , the amount of them ought not to be great. The Juiy; Rotw;thstaiiding-, '1'940 for the de-. fondant. THE ART S —DANN' E has . advanced far upon n work which, we are persuaded, will make a dis tinguished figure in the ensuing -Exhibition, and add considerably to his, well-merited repute as an artist. The subject is highly interesting. and pie taresque, and is founded on a circumstance that malty happened. In one of the remoter parts . of Scotiand,,or the Northern isles', au infant was seized by. an eagle, which bore it directly to its nest, on the top of a lofty mountain.. The Mo ther, who was at a short distance, and - who saw the direful event, hurried _1(, the perilous ac clivity, and recovered her child, who had fintu nately suffered-, no essential injury. The expression of maternal anxiety and alarm, in the. face of ,the agonilked parent, whose arms are catching the in law while her eves are directed towards the ferocious -bird, which is sailing, majestically away from so unweeted a visitor, constitutes -an evert awful and affecting in a very high degree. • The steep and rugged ascent, the adjacent country and river below, the eaglets .eagerly expecting food, and the whple of the scenery, presents . one of the most . pictureSque achievements that we !rave, ever% seen, and does credit to the artist who se lected, 111:1 who has , So .ably treated tbe subject. The same artist-has nearly finished a whole-length portr4it of ...Wis. HAmmEascEv,'3 tin. and her Maternal tenderness and playful ilifancy,:are well exhibited in the work, a.nd.the whole displaYs ele gance of arranzement and neatness of colouring.., .13,vrE, .Tun. has just finished- a head of Major. CAllAc in so spirited a style, with such c:,;pressive firmness of touch and chaste and vivid cotouring, that lie may be fairly'classed among the most pro- . . raising of the rising race of poi trait painters.. The e fre t of the late successes in The Ninth will evidently, be the reduction of.our naval estab- Ur,binent in the Bahic. Since Sweden and Russia have made peace with . this country, - , a sgialt.naval force there .is all that will be required .for - the protection of our trade against the Danes. Ad "Moß.its, it is now said, takes - the direction of the shipping upon that station, since ti'e re signation of Sir J. SAITiAtEz, xvhose- exertipnS in a very difficul; cOnnnaidhave been moat cilii tienT.- - - . Fires.—On Vriday night a fircbroke_ out at the Swan Inn, Wangford, Essex., which in less than two hours destroyed the wlio!e of those extensive premises, together, with the stock, furniture, &c. Great fears were at one period entertained for the safety' of the greater-part of the viilap.,e, but for tunately by the activity of the inhabitants, the fbiines Were 'prevented spreading farther. poor old woman; 83 years Of age, who was an innizte, perished in the tiartics.—A: destructive 4tt broke cut yes:terday 'morning., at. o'clock; in. the premises, occupied by :Mrs. chee.senionger, in.l3;shopsgate-street, which for : i onic time threat ened destruction to tlle 'building, but by the timely assistance afforded by the firemen and others, in procuring a ptentifuls supply of water, the . tiames were fortunately got under ; after doing ranch daluiFe. to tlx part i,:.'whieh it firstliegan.-- Anuther also happened "last night, 'at lir: Papp's, pastry-cook, in Chancery-lane, which, byAlkeexertions of tip.: firemen in cutting away the flue, fortunately saved the premises from de striiction. _ . . On SalnAlav evening, betwixt five and sis , o'clock; as..llr. Alexander M'Dongal, rattle dealer, was returning from Glasgow to the Oicat Canal Bashi, he Was'stop,ped on this side of the, hluinix Foundry, by three men, who knocked int down, and then carried hint over the wall, where being in a state of insensibility, they .robbed birn of 2051. On observing that he was recovering' his recollection, they attempted.. to strangle him, and left hini•severely bruised. The villains got off without discovery.—A reward of 50./..has been offered fora discovery of the 6flen- . dens.—(Edinburgh Coura;lt.) A Court- Martial was held last week on Lien tenant R.'S. Marley., , 'of the Alfred, 'for giving orders for defacing the King's pistols, belonging to the- said'ship,-and • for altering the same; not only for bis own private use, but .for the use of other perbons, 'contrary to the rules of the service. The Court agreed that the charges had been in part proVed ; but, iu 'consideration of his tormer good character, and the Wounds he had 'received in the public service, did adjudge him only to lose two years' rank, to be severely reprimanded, and to be 'admonished to be careful of his Ma jesty's stores in future. • On onday se'nnight, a man employed in get ting ice in the centre, of the Canal, St. jOnes'§ Park, for the ice houses of his Royal Highness the PRINCE REGENT, fell into. the water, where be must inevitably have been droWued but for the timely assistance of ropes belonging -to Mr. 113aottr.e,- of St. James's Park. The' man was nearly half an hour in the Canal, up to his knees in mud,- and his chin in water, and called out that he was fast siniiing. The rope was tilt:own three times before he was extricated front lyis prilous ,morning Thomqs caley, par stujiii to his sentence forgery, was Fxecutad before the Debtors.' door, Newgate. This, nufor ttroe nidu . appeared perfeetty resigned to ,ibis fate, 4nd niet it with becniniog fOtitpdp, POLICk ',LWANsioNT-4101:::; , ..---Fraud.—Yesterclay a .mar, rt•ho himsC:lfr Thi;)iias Hatfield ,was charged before the l i onDM.l. - Yoa with obtaining property from, different', persons upon false pre ; tences, by a new species of swindling. Mr. 0 10, asbopkeeper, in St. Piluls Chureh-,yard, stated to his Lordship, that tha Prisoner caln,c: to his shop, pretending to, •be a country carrier, and, presented a kt ter, purporting' to . . order ,from a Lady,- for to the amount of about :i./..desiringlim : to send a bill Zvi haled silk, and slie \\Topic!. send,the money by =the c nitric : r the next day. The witness thinHig it '412 from some, customer, •,7;:holu lie di.l ;.Ot sent the sarsnct, agreeably to, the letter, but r.„fter found it was a, deception practis.ed upon him as well as others : and be, g,t,ve the, de;criptio.;3cf the prisoner to an officer in his neighbonilu,ii who in the course (,f a few clays appre4?Mica t!.• prisoner;, he was 'certain he•ras the Mall. officer produced a pock cf.-book lie found upon t 1 ; ;; prisoner ,-which contained ifnumber of bi kl.s . fur gOod„,s obtained in t 1.13 say, with seyerkil Othe!r letters Wit 4 le ; tees ord i ers for different gods, all tet,Alivi!,-, 1 ,v in or. hand writing ; the ii;n - oner corifesed `ll . 7 carrier, but a journeyman briclOayer, been in any worli these two months. three persons attended to vrefer similar complamis, ))n . his Lordship thinking the frauds were moyq ey,- tensive than were yet found out, _ordered soner.to renr.tile-.:d for tnrtf, cr examination:: Bow-YriZr.::T.HYe,sterckiv a man zind Nvoman, were brunght to the Office; and elmrged bt fore: Co . e Sitting Magistrate by Anthony l'arkin: , , i;sq, the Solicitor to the Pct- Office, suipici::o of being emit:erne:On feloniously steaFng zinc! 13dis of. ics.ellarkge out of lett,..s i 4 the (ie- . neral particulars of did - no . t transpire., .They were cc.nonitted for e,Na ruination. On .elon.day evening a man• of repectall'im * pearance was chaT'gcd with receiving the sane, well knowing them to have been Sto:en. dle 'lva* committed foaure,ter examination. •, well-known eharacers, were yesterday morning *ought before the Magistrate at this Orjee, charge 4 on suspicion of being concerned iu various robberies on Mpn day se'nnight, by several .persons, who were robbed while following an over-drove bul:i;ck through the _Borough, "WestininSterHruad, and the Neiv-c,Tit. Information having been previously received at this bollice vai ions •w e g golls I ;:t vi i!g been robbed on Saturday se'.nnight in the V.i.etit road, Collintbourne, Giennon, and two or three others belonging to this "Of - Heel., were diszpatehe.i immediately, and succeeded in apprchending prisoners at their where theydiscovered a great quantity of ; , ctieles, consisting of trinAis, cas4s, packages, and wearing apparel, to a. p . reat amount, Af4r ii A:1;17 undergone a Fong exanilna tion, they. were remanded for a further bLyring. Perk.ins was charc - ed by Mr: F,,allard, landbcd of tlie.George wine-vaults, in Gcorgb,..s,trtet, with attempting to evtort money from . 117111 pretences. Mr.. ilsllard stated, that the prisorCt came to. him a few days a, go, and informed LiM he Was going to lodge an information against at the Stamp °l ac, fnr having given receipts on iinpraper stamFt;, ~at two tlitlerent times to a pvt .7-on• rained Weaver. Mr. Ballard Was at lir,: alarmed, thinking be alight have 0 : one sobs take, and desired t' sec the'stamPs. be, bad not got them with him, th . :y in AI savers' h.rpds, by whom be was emplot ; he also hinted that he 'did ii6t quite approve of . WeaVeCs conduct, who seemed to be actuated by spite ; towards Ali. I.l;:ilard ; and if. be,* would' i , .gree'to giVe• him Live pounds, he'wouid get the necelp,ts from Weaveromder pretence of io:!g -ing the information, and then destroy them. Ballard agreed .to do'so,anddesiretl hith to cn''. Ile next (lay. The prisoner ',teem-din:4ly produced the two treeeipt*, when . - Mr. B. gave h::n the 51. in Banh notes ; 'but on looking at tlx.i-e -ccipts., he observed, that the stamps N'vere torn o;;', upon which he endeavoured to 'ttet back his noiks, and for that purpos: seized tike prisonor .C , t4 coPor 5 a scnfle ensued, in the einirse which . ;:e prisoner tore the notes to pieee's.• •Peail however, succeeded in obtaining the feaginen; :ecuring the prisoner, and' ending 'for a eci . nstatde; Lad brought before-the Magistrate. The . Makil,trate, informed the comptainant, that this was a case - in which he had no jurisciiel. tion ; , it - %WO an attempt to etimpoinid apenal and. he must proceed against the priscincr indietineat flit was, accardingly charged, ATTONIGARDEN. - e! l iarlOtte SP/Ith, atiRS Dol y Sri a ,iioied young Offenderovas• this morniitg apprehended hay the officers Hutt, Wood, a:id the two Reid'', arta brought. before the sitting Magi .strate; 'Mr. CAPPER,. under charge of largely dealing in illicit insurance for Op nett ensuing State Lottery. • • She was . fully prepared with ail the tieces:z.ry documents, arid honed at the receipt of cos!can: among the poor people in Compton-street, Giles's. Being. interrogated clozely, she refused most periinaciously to &scorer her employens, principals, Or confederates, and after a Fong exa-: urination was,committed TAX uroN C kI'ITAL.---:ThiS is abandoned by Afinister.—CAßTEß, 8, Tharilg Cress, infarnti the Pu,blie,Oot he has C . :vitals on' sale ht. with pleasure,' wilt pay without any whatever. ' One day last week; tt genteel party went ci,z*,ln catsfield-place to a pond in nattel. Abbey Sussex, to enjoy the amusements of the ice, when a young lady; daughter 'of - the'Rcv.' Falr::n., was placed in a chair, and drawn with i.;::eat - city over the delusive SurfaeP, !)S7 two Whose slippery career was-Soon stopped b.y uchlenlY giving.way, and plungiug them ail into a depth of water not less than eleven feet. 1~:he tc chlent instantly broui2, - ht foul: of their companion:, to their assistance, who, in their - `t - ours to aihninister -relief; o:::perl'eneed a s:lF ,4 a': . fate lint we are happy to add, z:iitt by t:ie help of others, atid i f.;ithful doz,.Oviin of the p rty) they Were all reSelietl;!OM their alarming - 40d Fa , ler %Vas conrqcd to Cat;;; - -“:41-; . )!:;c:: 'very 1-.llwt-..iii.szat,.