The Sun. — London, England, 1812-10-30 00:00:00

LAW REPORT. COURT OF KING% BENCH, 'OCT. SIMEON V.: BAZETT. This was an action on a Policy of Insurance, effected 'in October, 1810, .at a premium, of - 40 gitineas per cent: on gOods by the ship - Sophia, • from London to the Baltic, against all risks. ex cept British capture, and until delivered into . the warehouse of the consignee, and with liberty:to carry simulated papers. it appeared that the cause bad been before • tried ; that the goods insured belonged to a house in 'Prussia, and on their arrival in - a Prussian port -were seized by the Prussian Government for trad ing • with England. A verdiet was then found for the assured, subject to the opinion of the Court, whether an English underwriter could, be legally compelled to pay a loss on the property of a Prus _ sian subject, arising from the seizure-of the Prus sian Government. The question had been argued before the Court, when it was contended for the plaintiff; that the underwriter knew the risk of seizure at the time he wrote the policy, and meant to insure against it ; which , was deniedon the other side; and anew trial was ordered, for the purpose Of having the nature of the trade, and , other cir cumstances, inquired into: It was now proved, that for a- considerable time previous to the signing the policy, the trade with England had been entirely prohibited in every port in the Ealtie—notwithstanding which., a very extensive trade had been carried on, by means of simulated papers, and with British li celfses ; -but that the property was 'seized -when discovered to have ,Come from England. The plaintiffs also offered evidence to spew that the defendant, and the other • underwriters, when this risk was insured at a premium of 40 guineas per cent: knew that the seizure by the Government was one of the risks to be incurred ; but this evi dence was rejected. A - verdict was again - found for the plaintiff, subject to the opinion of - the. Court, whether the underwriter is legally liable to the ,loss,. OLD BAILEY:", THIMSDAY, OCT.' 29. Richard Pullen was charged with stealing five bottles of brandy,- of the value of 71. from the premises of his employer, Mr: Morris, a Liquor-. merchant. The chiefevidence against the 'pri - saner has that of two of his accomplices, James, Grove, also a servant of Mr. Morris, and John Cotton; a painter and glazier, who, on some (wca tim,,z,, had purchased liquors of the prisoner at less than their value. From theirtestinlony,• and that of Gilmer Police Officer, it appeared that the prisoner, being ceilerman to the proseentor, had, duringthe nine months preceding his apprehension, been regularly in the habit of robbing his master of those articles he dealt in,- and selling it to Cotton, thebrandy at 14s. per gallon, the rum at .3 Os. and the, Port wine at 2s. per bottle, and Groves received part of the money that-he might observe secrecy. At length, however, suspicion fell upon the prisoner, and. be was apprehended at a public-house near St. Martin's Church, in the company of Cotton, and - part of the prosecutor's property was found in a vault, to Which be bad ,access. On Grove'S apprehension, LC confessed all the 'transactions in Which he had been con cerned with Pullen ; and On Cotton's. premises ,being searched, some spirits were . fdund, but no part of it being in Mr. Morrk's bottles, it could not be identified. The Learned Judge (Baron TuomrsoN), before he summed. up the evidence, observed to the Jury, that all evidence given by accomplices must be heard with the greatest caution, and not in any instance relied on, unless it be corroborated by collateral circumstances, incontestibly proved by the testimony" of other Witnesses of maimpeached - Veracity. The Jury consulted a few minutes, and returned a verdict of—Guilty. .James Kenyon and George Green were capitally indicted for violently assaulting W. Amos, on the King's highway s putting him in bodily fear, and stealing from his person six 11. Bank of England notes. From the testimony of Amos, it appeared, that on the 10th instant she xvns- passing along Oxford .street, near the end of Swallow-Street, when he was accosted by the 'prisoner, Kenyon, who said, "D—n you,, you informer, are you still alive %" Green also came up, shook his fist in his face, ail. challenged him to fight. Witness , told him he did not get his living by lighting, but by hard work, and therefore should not fight ; although he 'thought himself as good a man as either of- them. Green then- went alit , tle backwards, but again returned, when he knocked the prosecutor down three times, which the latter to'crawl on his bands and knees to the Dorset Coffee-house door, from which, however, he was pulled by thebaud of his breeches, and immediately his, money had gone. On his cross-examination, he denied haVing 'any know ledge of the prisoners, or ever saving that they were commons sharpers at cards, or cheating a man of two guineas. Other witnesses corrobo rated the testimony of Amos, with the addition of the priSoners having been pursued, and when Ken von was iaken, he offered to give up the prose cutor's notes, and treat those Who took him to let him go, but both prisoners were given in cus -64: The Jury convicted Kenyon, but acquitted Green. A prisoner of. the name of Williams was then put to the bar on a. charge of robbing a gentle man of his watch, chain and seals ; but he ear nestly solicited the Court to postpone.his trial, as he had a brief for Counsel prepared, but his fel low prisoner had robbed him of the fee he intend ed. to give with it. Tile trial was ordered to stand over. PUGILISM ~—.Yeste.rday a pitched battle was fought between George kblks and Little Andrew, two journeytneta bakers, in Copenhagen-fields; George Brown seconded Folks, and Paddington Jones Little .Andrew. The watch was for five pounds. After fi g hting eighty rounds: in one hour and'a half, Little Andrew beat his man. LONDON Printed by Tf- At the SWN Chia( MIDDLESEX lE'-' , 5•31 - 07_`:. - S, Oc r. 29. Nuisance.—This was, an appeal from .the late clecon:of the Magistrates of . Bow 7 street, upon an information tiled on the relation of Mr. Kin-, nard, against Mr. Soane,-an eminent Architect, of • No. .13, North side"of Lincoln's Inn-fidds, in the county of Middiesex, for a nuisance in "extending the front of his dweiling-house with ornamental pillars, portico, and statues or images, On the late, repairing and ornamenting of- the same ; beyond the other fronts of that side of the square,, by a space. of three feet six indhes. The Magistrees below acquitted the del'eudot under tie ..I;tiiid ing Act, th'l4th of the King, .on the ground that the area and font, asiar as the outer railing,. were part of- t!-.c defendant's freefnold, and the projection within the exceptions of the Act. POOLEY and Mr. ALLEY argued at great length, and with much form in support of the appeal, contending that the *Magistrates at Qttar ter Sessions (of which about forty attended on this interesting question) had an appellant jurisdiction in 'the way of a Court of !Error in this case, as. otherwise the Act of, Parliament would be only a dead letter, and. of no efficacy or utility what ever. Mr. GURNEY, against the appeal, argued very ably, that. the Magistrates had no power to re voke the judgatent already given in favour of -Mr. Soane. Mr. MAINWARENG (without bearing Mr. Mita therall on the same side) observed, that the ques tion was arduous and difficult, as well as of great public importance, which induced hint and his many associates to recenimend the relater to apply for a Writ of Mandamus from the Court of King's Bench, to command them to heir the Appeal, which woutd produce light and assistance frGni he Judges of that Court, for the better information of the Magistrates in Sessions ; with this view the Appeal was refused pro forma, for want,ofju risdiction. EAST INDIA r..;TELLIGENVE. The following intellit;ener we 1.1.17 e collcf:td from private letters received from Bengal by the shins lately arrived. .Disturbnces were 'reported in Cutch ; our troops had moved towards thlit quarter from 'Bombay ; the Cause of the dispute not mentioned. A scarcity of ;rair. was felt in TinneVeily, and in almost every part Of the Madnas territory ; per ruissiOn had been granted to tretnsport grain, free of thity, until this month (October) ; grcatquan tities of rice had been shipped from Malabar. The Jaulnah force, that had rno:,:ed to' the Northward, to protect nerar from the invasion of the Pendarries, continued in the field. From, Delhi ye learn, that the Prince Mirza Jchangeer intended to set out for the lower provinces, where it was his wish to .reside.-----The :,rtny in Bundle cund has broke up, .arfd the corps were returning to their respeCtive cantonments. • . - _ . Colonel Roderick Fraser commanded in the fort of Nalengheer, where a garrison would re main, consisting of the Ist battalion of the 11th N'. I. five companies ,of the 2d battalion of the 2d, arid a party of artillery with two 6-pounders, under Lieutenant Fulton , the Ist battalion' of the 7th . N. I. was to march for Mattra, by the route of Calpec. -A7; .earthquake had been felt, aria extended over a ...very large portion of Hindustan, but there Was no reason to suppOse, it was any where pro ductive of serious consequences. The Pindarree : Chieftain Kubrieni Khan, and his family, had certainly found refuge from their pursttersi in flolkar's camp. Runjeet Sing. had returned to Lahore, after his i it to Guttegurrab to celebrate the nuptials of Cernd Sing with the daughter of Jurrneel Sing. Colonel Oehterlony had aiso been at the nuptials, and had returned'. to Loodehauneh, where Run jeyt Sing had paid him a visit. Soojah ni Mulk, it appeared, was again in some ,force; he is said to ha, e crossed the Attock, and encamped . at Kbaurabad, expecting aid from the SOobah of Cashmeer.---Malunood Shah, the reign ing Sultan, was harrassed by invasions from the mountains, and continued stationed; with his Vizier, at Cabot. Zeman') Shah- had set out from Lahore to-Mol- . ; 'Ameer Khan had again marclied to the northiyard 3 is, attended to Kotali by Balarain and Kin Nor Khan, from whence he in - terided to proceed to Sh - eergurah.' • _ • _ . . . Kurreem Khan, the celebratedfindarree Chief tain, had been delivered, into the hands of the Bhae, by whoM he was put :in confinement': -the Court of Poonah had demanded his person, as an indispensable condition of any favour which :Mukha Row might .expect from the Peshwa this was displeasing to A2nc r 6r Khan, ivho, with Durgeon Saul, had interceded ror the'Pindarree's liberty. A great body of freebooters, from the DeCean, had appeared in the neighbourhood of Merza pore and Benares ; they had plundered the vil lages in the vicinity of the former city ; they entered the Company's provinces through the great - pass from the Deccan, which opens to Merzapore, and have since bent their , course towards Shahan d; committing sad devastations in their route; alarm at (Alva, Pat na, and in the Southern Behar. This horde • is supposed to have come from the country on -the Nertridda, towards the south-. West, and lately attacked Nagpore, but being hard pressed from the side of Hindustan, made this desperate incursion in quest of sustenance. A comiderabk force of cavalry had moved in their rear from Bertaulghur, Bmidlecund, and Cawnpore, and precautions wera taken in every district to protect the European and Native inhabitants, and to cover the frontier. The country of Jaypoor was tolerably tranquil, the Rajah having fulfilled his engagements to Ameer Khan. • • Lieutenant Locket bad returned to Bassora, af a survey of Huila and the Ruins of Babylon : he had collected several valuable Arabic and Persian manuscripts. The Operations of Scindia's detachments in dif ferent parts of clinciustan had been attended with unusual success, which bad contributed to conso lidate the dominions and extend the power of that Chieftain. From Rangoon advice had been received, of the success of the royal army against the insurgents of Arracan, wholimd Bed to the eastern bills. Neports•from Chittagong state, that straggling parties'of &triunes- had committed depredations on this gide the Nafa. The main Burmah force was about 7000 men ; in consequence a detachment of ihe 12th N. I. from Barrachpore, passed Lucki pore, on its , ronte to Chittagong. The ships Warren. Hastings and Lord Castle reagh were certain to go ,to China ; the Marquis Wellesley remained ; the /1/a/tha:nstuic and Lady Ca,stlereagh had sailed for Prince of Wales's Island ; the Evore? Castle was in Dock; the Baring was loading for England, 2.1 d the Surrey was gone to Madras loaded with rice : several country ships were expected to load for Enrope. CURIOTJS CIRCUMSTANca.---ThC Robin Good fellzT i , a West ludiaman, belonging to -the port of LiYerpool, struck, on her homeward voyage from Barbadoev . sothe time since, on her passage th rough the Bahamas. - The consequence was a leak, which increased to a dangerous extent after they had passed Bermudas. The Captain ordered .a tarpaulin with . oakum to be drawn under her 'bot tom, an experiment which has frequently bad the. 'effect - of stopping a leak. Unfortunately. the 'at tempt failed, and notwithstanding, all the enclea-; yours of the. Crew, it was with the greatest diffi culty they could keep ter aflolt by the pumps. — On their arrival: on the Great 11.4. : of Newfound land the crew were surprised by finding the ship •made no water. The leak had stopped, but 'how none could conceive until the ship was docked ; it then appeared that a blanket, which one of the sailors had- hung over the bows to wash, had been drawn into the . . aperture, and -thereby effectually stopped the leak. The sailor to whom the blanket belonged had concluded that it . had broke adrift. It has - since been preserved as a valuable relict. , . P - OTACE MMABOTIOUGH-STREET.L—A respectable yoUng woman, of the name of Carrol, charged her father and her brother with 0, forCible entry intofbel• house in PhoenixLstreet,Bloonhury, and.stealing 124. I Os. a gold chain, ' and other jewelltry, &c. It appeared by the'statement of the Prosccutrix, that she held the lease c) a house in her own right, and her mother lii;ed with her. The greater part Of the house Was let out in lodg - iiws to afford part of the rneari of subsistence. The father returned from ‘kile at Tietany Bay some time since, and on TaesdayeVening, assisted by others', he forced the house as his right, and turned the mother and daughter Out. The property stolen was deposited hi a, wardrobe in the parlour, Which had been forced Open., A constable who was in- the house, proved that the father was three quarters of an hour alone in the parlour, aad that he saw a poc ket-book in . his resembling that which the prosecutrix described,' as having contained - the money lost. The father did not deny having taken the prn perty, but,he contended that his daughter was :lot possessed of a shilling, but that' the property, as well ac the leaSe, belonged to his wife. The daughter snore to the contrary, and she was con firmed by the production of the lease. The father Was committed for the felony ; and the son, who had drily assisted in effecting an entrance, was discharged. WIIITECHAFEL. — T. Hopkins, a boy about nine years of age, of a ragged appearance, and rather decrepid,was taken into custody yesterday afternoon by J . Monro, a. grocer andtea-dealer, in the Com mercial-road, and brought to this Office for exami nation under the following circumstances :—The boy came to his shop and presented an order, in the name of J. -Briscoe, a person of respectability, re siding in the Minories, for 2lbs. of Bs. green tea, and albs. of sugar, at Is. per lb. Mr. Monro, on receipt of the order, questioned the child where Mr. B. lived, when be gave the proper place of re sidence, and added, that he was employed by'him to go with messages, and to carry :letters. Mr. M. then, delivered the goods, with the bill of par cels accompanying them. After this, he recol lected a recent circumstance of Messrs. Atkinson and Co linen-drapers, in the Minories, being im posed upon for a piece of linen by an °owes of this kind, and, began to suspect the order in pies tion. He then made inquiry, and was told that . the boy lived in White Lion-street, Minorieii, at a fishmonger's. He went there, and 'saw a woman, who, upon the description given, said the boy was, in gall probability - , her son, and that if so, ,be xvas -to be found at the Free 7;. mason's School, ih Spitalfields. The grocer, tliol went and found him there, when he brought him to the Police-office to .be examined. The boy was acCompanied by 'a n umber of other children from .the school, among whom was an interesting little girl, about twelve years of age, his sister. DUriug their examination they cried bitterly : The boy. stated that he was_ employed by a (Tentleman rte ".t,he street, a stranger, .to present the • order,' who Said he was Mr. Briscoe, and lived as has been stated, and that he would wait at a certain place for the boy's return, for which he . promised him. two-pence. He accordingly delivered the goods to the person, who paid him one penny ' , and - raa 'off with them. Commodore BROUGHTOP, who commanded the naval part of the expedition against the island of Java, and to whom anti Sir S76TUEI, AucumnrY Batavia surrendered, is arrived as a passenger by the Doris frigate, from Madras, having resign ed his station, as Commander in Chief in the East Indies, to Sir SAMUEL HOOD. • On Monday last a man-and his Wife were taken up at Ramsgate, .for chilling and uttering bad shillings and sixpences. Suspicion having'ariseu, Mr. Bayley, an active constable, - at Ramsgate; watched the opportunity, and caught them in the act of l'tbricating base-coin of the above deriMp tion.—Weduesday, after a short examination be fore the Rev. R. Harvey, one of the Justices of the Cinque Ports, the man (who is a.private in the Glamorgan Militia) and his wife were both committed to Sandwich gaol. 'OMAS WOOD, of N 0.35, Maiden-lane, Covent-garden Ptilllisiterl hy WILLIAM ARmidEB . :SCRIPPS, Moito; :E, No. 1.12, Strand, wiere Advert.;sements, Orciem! i for the Paper, Letters for the Editor, &c. (post paid); 3-st] vvt ( roster.or-SqllaliC, : , .1.5t be at dressed. SVbNEY GAZETTE. ()cr. 1 2 , .ISII prisonei.s arrvetl lAst week in the t itli2titll Gambier were Imided vester se'n;;iglit-,-- all newlv clothed, and were the same day mustei•ed ancnnspeeted by his EicceJlency the Governor on the terrace of the New store, pre 'f to their being distributed Lziong imratc settie'rs On Tuesday, the tith inst. the ,shi,o Governor iiiacquarrie was launched from Cockle Bay, at a few minutes- after seven in the evening, in pre sense.of a -number of spectators, amon , , - ; whom were many Or - icers, and several Ladies or respect ability. She is a bandsonie line vessel, her bur den from 130 to 150 tons, and is allowed to rank with the best specimens of niarine architecture that have hitherto been illustrative of the ethulous spirit of adventure, athl well applied exertions, that has marked the progress of a colony, still in its tenderest stage of infancy. OCT. Om:eland and Lieut. Ovens, of the 73d, and .Ca pt. Piper, of the 102 d Regi ment, 'embarked for England, this evening, on board the Providence, via China, and were accom panied by his _Excellency the Governor and Mrs. Macquarri'e, and a large party, composed of the principal Officers. OCT: 29.—'-Pursuant to General Orders issued by his Excellency the Governor and Commander in-Chief, the Royal Standard was yesterday morn ing at sun-rise displayed on' Fort Philip, and the Union Colours at Dawes's Battery; from 'whence a Royal salute of twenty-one guns . way at the same time fired, in honottrof his Royal Highness the Prince of \Vales being vested with the autho— rity of Regent of the United Kingdom :of Great Britain and Ireland. These solemnities were rendered the mare sensibly interesting; by the day of their petfOrmauee being that also of the slst Anniversary of our Gracious and Beloved Sove reign's Accession to the Throne. Nov.. 9.—At an early hour on Monday last, his . . Exeellency Governor Ivlac . quarrie and his Lady took their departure from hence for Van Diemen's Land, that being a paft of this great and widely extended territory which his Excellency had not before visited.; its - distance from Sydney is about 700 miles. .We understand it is his Excellency's intention, after tuaking such arrang:nuents at Hobart Town 'as may appear nioSt improve:it, and to benefit_the inhabitatits, to proceed from thence overland to Port.lArvmple, to make ar rangements-.there, and generally to inform bithselt of the nature and qualitY of the soil, and of the productions of the_country at large. These beneficent purposes being effected, it is his EXcelleney's intention to re-embark at Port Dalrymple; •to which place the .Lady Nelson Vt. , be directed to'proceed from - the .De...went. On'his return vov.e, - his Excellency will have an oppcii--- tunity of seeir, the Various; islands interspersed. throu;.rh Strait's and we trust we shall be etro.b;ed.to witiounce his happy return to Sydney a.`,);')iit.the first of the new His 14;Ixcelleury l.i aLtenCieri Capt.:all Antlll,. 1314gaile-Afair,r j Lieutenant I\l:4,clain; Camp ; anti Meshan, the .1-...til;g Scu . veyor- - General. . altix l ed the Favorite; Clipt,in Fisk, from Liokirt Tow,), vizl,iclir she left on the sth of the present the tig,7ice able intelligence of.the safe arrival-there, on the °3"(1 ult:= of his Excellency the Governor anCl . Mrs: ?tlacquarrie, and suite, having gone in an opeft boat from Frederick 'Henry Bay, - Where they had been obliged to - leave the La Nelson, owing to contrary winds. His Excellency, en his arrival, - received a loyal and appropriate Address from the inhabitants of nobart•Town, and another from the settlers at New Norfolk, to both which he was pleased to return suitable answers. We have the further satisfaction to state, that the harvest at the above highly improving settle ment was very luxuriant; and that the inha bitants were tolerably supplied by recent arrivals from this place with European and Indian com modities. The work of harvesting is now general through out the colony': some farmers have . finished reap ing their first sown wheat, and the latter crop is in many places fit for the sickle. The weather has been remarkably favourable, and the bary , :‘st promises to turn out one of the finest we have been favoured with for several yells, and the growing maize has a fine healthy appearance. BIRTHS. On . the 31st. of March, at Madras, the Lady of Thomas Stockdale, Esq. of a Daughter. .On Wednesday last, at Ha.mseett, the Lady of L. Croban,, Esq. of a Daughter. On the 28th inst. at his house at "(Vanstead, the .Lady of T. Curtis, Esq.• of a-J)aughter._• On the 25th inst. at Acton-Scott,. Shropshire, -. the Lady of Thomas P. Stackhouse, Esq. of a Daughter. • MARRIED. .On the 3d inst. in St. Andrew's Chapel, Aberdeen, be the- Right Rev. Biihop Skinnei, Primate of the Scotch Epis,;opur Church, Alexander Nii . tehell, Esq. of St.- Albaies,treet,,, Pall-Mail, to . Christina, widow of Janice. Thonisan, Esq. of Stonechni oh, Kiticardinestiiret On Wednesday Jast, at, St. George's, Bloomsbury,,,WiPiain Parkes, - Esq. of Great Russell-street, Bloonisbury," to - .Miss :;arch Barber, eldest . daugtter of the late Thomas Barber, Esq. of 13ursto3, Warwickshire. . Lately, at St. Jaoles's, I.Ve.tioinstf!r, J. Iveson ,Fsq. to Elizabeth, eldest daughtea of Mrs. - frioplkin, - of Lughlio rOut:ll, Leicesteishir ,, . . • DIED. On the !th. inst. after a short - Allies,. aged 58 years, r p,,t ita,w-sOn, Esq. of Halifax . . On the 20th inst. ut his house at Stocki:'eTl, - James Arthur, • • •On the. 25th inst. at Froy)e, in Hampshire, in the 19th year of his age, John St. Ixger GiTtmain, Esq. oily son of Sir John St. Lt ger Ginman, Bart. • : On the 25th inst Mr. S. P. 'Toosey, many yoars Apothe cary to His Mialesty's Furces in the West Indies. PRICE OF -STOCKS YESTERbAY. Bank Stock, 414 215- Old Ann. Navv-.3 per Ccnt. KW, ExClreq. 8i115,.34-d. per dar, 4 pi - Cent. 73H- is. Bs. pr. 8 per Cent. Red. 5 74 b Ditto, 310. per day, ss. 4s. 7s. per Cent. Cons.-5r , 4F Gs, pr. Bank L. Ann. 14 15-li;thi. 1:70 Ornniurn, pr. India Stoek, 162/ 1 , 434. Cons. for 95th Nov. 59f 59 India Bonds, Is. 2s. dis. par HIGH WATER AT LONDON B .1.)6E.T0-1v1011.11.0W. .Morning, 20 roinuns .aftcr 11. I Eve tninntes aftcr 11.