The Sun. — London, England, 1812-06-29 00:00:00

and p'.acc immediately :" and lir. trent swears als , , that all c as was done ‘v - Ittlout any provoca tion on.his part. Ti affidavit having been thought too long, •a seconti was made by direction bf - the Court, con tra 7tinq the subject:more to the Matter of offence immediatei , " to come before the Court.-The amended aifidaVit having been filed, the rule was n:aie absolute, and the cause carne on for trial this day., GirRNEY opened the pleadings. Mr. ScantaTT--a.rslay it please your Lordship, Gentlemen of the Jury, Counsel for the prosecution whieh my Learned Friend has opened te you. It is an information filed in the Court of King's Benehe to try - the charge against the de fendant, which, though divided, is substantially . this :—au assault committed on the prOsecnibr, ac companied with such circumstances as indicated nothing else than a . desire to provoke a challengi. -Theprokentor of this information is a Gentleman ' bf fortune and character, residing in -Great Bur lington-street. Mr. Foote, th':! defendant, I know nothing of ; -but what is Stated to Geis, thatfrom the earliest period of his infancy hiS father was the friend of the prosecutor, who always enter tained, the highest regard for him, and had the greatest desire to serve him and, every part of his - I cannot gO through the history of what has given cause for the resentment of the bon ; the present defendant. I know I should be irregular in so doing, but this I will say, that in whatever, cause it may hive originated, it must have been founded in some grieyouS mistake ; for if it. was . compe:ent for me to do so, I should have to detail a history of various benefits conferred by the pro secutor upon the defendant, without any intima tion or least hostile disposition on the part of the latter. I say this, because Mr. Brent will Jae here to be examined ; and although one cannot easily suppose that a:Gentleman in the-army; as • the defendant is, would have committed such an assault as is complained of, without something of a provocation ; yet when the.evidence of the pro secutor is stated, I am sure he will be convinced he has been mistaken. I cannot conscientiously with My, duty, however gratifying it might be to. those who instruct me, occupy your time by en tering into the history of former' occurrences : I. shall merely acquaint you, that some time before the circumstance to which I shall tall your atten tion :took place, Mr. Foote had conceived some wrong impressions with respect to Mr. Brent, and 'he indicated 'a disposjtion which induced Mr. B. to 'avoid him, Mr. Brent very properly consider ed that henstoOd in this .particular relation 'to the defendanathat the defendant was a young man to whom he was the friend and guardian, and - he aid not think it proper to, lend himself to a guar . rel, and still less to a duel with - him. Besides, that it was contrary to all those . principles of law, morality; and reason, by which he wished to guide "his conduct : he considered that it would have been indecorous and indecent to have entered in 'to a eithtest with one to whom he was in truth a friend ; therefOre, perceiving that there was some thing rankling in this Gentleman's mind, he wish , . ed to avoid him. It Ti appened that on the 24th of June in last year, Mr. Brent was going from" hts house to 'Wimpole-street, and he had Occasion to p"oceed along .Bond-street. The defendant met him in Bond-street, and he put himself into a si tuation and attitude that plainly manifested that he intended to - insult hi4i as he passed him, he put his arm out, andthruSt it against the prosecu tor's breast in away tha - t, - had it been done to a stranger, he Would hardly have known how to have interpreted it; but Mr. Brent could only in terpret it into a desire to quarrel, and therefore with tie prudence which became him, he let him pars without notice'. In about half an hour after wards Mr.' Brent returned dOwn 'Bond-street, When he observed a lady in a carriage, and Mr. Foote attending her. Mr. Brent took an opportu nity-Of passing him, hoping that he might be un perceivea Mr.F,oote; however, advanced towards him with a quick step; having joined two gentle men he had been with before; but whom he had left at a short distance on the pavement, while-he was addressing the lady in the carriage. Mr. F. I should tell you, is a stout athletic young Man, and Mr. Brent is short in stature, and much more advanced in years. - When the parties met again, the assault ''took place: Mr,'Foote doubled his fist, and gave Mr. B. a violent blow-which loosen ed two of Ws Xeeth, and caused the blood to gush out. Now ( let us consider how the case would have stood if _it had ,stopped here. AMOng persons in . common life a •blow of this sort does not infer that it will lead to further altercation thqi what may take - place at the moment; .but among Gentlernen'it is impossible for any one to receive a blow froth another without considering it, not myrely as an* insult; but imputing to the party giving it that he has a design it shall lead to -those consequences which , the unhappy dispogition uf the times too freqUently produce when insults are offered in this manner. Mr. Brent, in the eisSt moment of his irritation, having nothing but 'a small stick in his hand, sti tick him a slight blow with it, upon which the two Gentlemen interfered, and then 'the pro"Secutor, in the agitation of his gpirit, said, '' I have knoWn 'him -ever' since. he Was - house is nethis is not a _ place for, altercation—have you any objection to go With . me "--The trio Gentlemen Would- pro bably have gone with him to his house, and. hay . e beard Mr. Foote state . lriS grievance, and Mr. Brent make his reply, but Mr. +Vote immediately ex claimed " By God, you shall .ineet inc—name your tine and place." The two GentleMentitrn ed round, as if intending to go towards:the pro secutor'sliousen when. the defendant' used 6 - thee . . language and , other expeeasmons : indicating- , the. aena: viblent' purpos . ~Tbo Oitiqlra:tho' Said " why need we -gd.w,ith)pti and they accord- Thgl y declined aecopOuying him , upon whieh Mr. Foote retired,/gaanng Mr. Brett in the street.) Now Whet had , - .4,e; `note done, ?- ; -.pie had 'done that as:Ye:thought, mnde it incumbent on Mr. Brent, acnonding - nto the Modern 'notions of 'honour, to . 4.nd ;him : a challenge. It either was "1, :, object : to give a direct challenge, or to offer that sort of idBott,which should provoke one, and fatal consequences might irave ensued, Insd :drent improperly yielded to the disposition of the times , and suffered imaginary, notions of ha= Dour .to: have weighed do wn the sensibilities of his , nature, and the. recollection of his fornier friendship.' This, Gentlemen, is the charge against the defendant. 1 need not occupy any longer time in stating it to you. Mr. Brent is anxious to conduit this prosecution so as tot to excite more resentment. He fee's altogether re= pugnant to further altercation, having been the most intimate friend of the father of this defen dant. But When an insult has been - offered to this Gentleman in a public street, and the circum stances of it arejikely to be bruited about the town, it ought to be shewn that he is ready to vindicate himself, and that be should state that which I have stated to You, in order that Mr. Foote might have an opportunity of filing his al.& davit in reply to the charge. It Was with that view the present information was moved for, Mr. Foote gave no answer, and therefore all the facts which were stated to the Couit, we shall prove. to-day. It you are of opinion that this assault was given with the .intention of ppovoking a chal lenge, you Will find the defendant guilty on one or Other of the counts. Whether you find this a direct challenge, or an assault to provoke a chal lenge, in either case you Will pronounce the de fendant guilty. When you have done your duty, Mr. Brent will do his,. He proclaims, thrOugh -me, that he feels no' animosity against the defen dant, except that which a man, insulted With Out a cause, "May . profess. He is actuated by no ma lice; or the least spirit of hostility towards, this young math If h e cannot live with him on the same *terms of friendship that he lived with his father,. he is only anxious iu that case - to have no com munication 'With him. When - you..have returned your verdict, 1 will - say of my client, that a man of more honourable feelingsdoes.not . exist, lam persuaded he will be ready to meet a conciliatory conduct on the part of the defendant, .and to re turn that Gentleman a proof of a corresponding disposition. , . . , . Mr. TIMOTHY BiENT, sworn; examined by t i Mr GURNEY You know Mr. Foote, the defendant ?—Yes. I believe he was formerly in the army I—Yes, he is on half pay now. -You bought his commission ?—Yes, his Lieu tenancy. , _ _ You - procured him' a commission, and bought him a:Lieutenancy ?--Yes. For some years past you have had no inter course with him ?--None. On the 24th June last, was you walkilg in Bond-street ?—I was not walking there for amuse ment, I was going on business. ' Did you see Mr. Foote upon that occasion ? Yes, I did: , , . , Had you,• from his deportment on former ocea sions, a particular wish not to come in contact with him r—Ceitainly, 1 did not wish it. Where was Mr. Foote 'when you saw him ?—He was at the upper 'end of Bond:street, next Oxr ford-street. What was he doihg ?—Walking along. , Did you meet him, or did 'he pass you ?-I.le met me. Mr. Serjeant BEST..—In this case, after what has passed, and after what my Learned Friend has stated, with respect to the disposition of the prosecutor, I do uorWish to give your Lordship . or the Jury any further trouble ; I consent to a verdict of Guilty. Mr. SCARLETT..—'Fhe prosecutor; so far from wishing to press this Gentleman, has declared t o me that he always has considered hitn as a child under his protection. . Lord ELLENBOROUGH.—We have not yet . got the length of. hearing evidence •of an assault. to justify a verdict of Guilty—it is necessary there should be evidence of the fact. Was an assault committed on ,your person by the defendant ; was a blow given ?—Yes. The defendant was accordingly found dui/ty. The, late alteration in the uniform of the Corps of Royal Engineers is very striking, being changed from blue, with black facings, to scarlet, - with purple veh-et facings. The prisoners lately apprehended. at Gravesend,. for forgery, have afforded grounds for 'believing,' from luggage- in,their,possession, that they have held a correspondence with the Minister of Police at Paris. On Saturday, at three o'clock, .a most serious accident happened in Hyde Park : as a young gen tleman, Mr.. Burke, related to Lord De Clifford, was airing in the ride, in company with another Gentleman, his horse ran off with him,:and com ing furionsly up, the big bar being shut, he leap ed, and unfortunately hung by the hind feet ; Mr. Burke was-throWn off, and pitched on his head ; he was taken up by Cook, thelieeper,ahnost life less : he was strongly advised to be bled, but an 'swered he would rather wish to see my Lord De Clitford';'to whom he was iuiediately conveyed-in a, y alarming, state. A male. child, recently born, was found dead early on Friday morning in . Covent-garden Mar ket., On an investigation which took place before the Coroner, it appeared that' the - child 'had not been still born, but had been subsequently put to death, and a reward is offered for the 'discovery of the murderer. . _ - • On Wednesday se'nnight, in the afternoon, violent storm .of thunder and lightning visited :Cdventry and its neighbourhood • which lasted a considerable time ; ,At tile lightni,ng entered the cellar of. Mr. Warding, and struck three persons who had retired thither as a place of security from the effects of the weather ; though its force. was so great as to throw. thyn down, they fortunately sustained. no injury...—A black smith,.and two other persons were driven nitt of their shop by a. shuilar' accident, but were nothurt. A fife-ball fell in-Tiagley Park, the seat of .the Marquis of Hertford, and shivered a very fine oak tree nearly 'to atoins.- 7 --About the 'same time, another fell in the garden of Mr. Charles Harris, saddler, of Alcester, which . - ,truck a cherry-tree, and kuocked/down ten or twelve persons:who Were in different-gardens round it ; but providen tially none of them were materially hurt. . Aftitt% l*. ttAntft., AND THE L&TE ATTACK AT MALAGA. [BY ,A CoRRESPONDEkT./ The gallant officer aboveznamed 11114 full and fah' grounds for the late attack made upon the enemy's vessels in the:1110lb of Malaga.—lt is the rendezvous of anent of privateers little better than pirates ; under the command of a dsrmg adventurer ) nained Barbastro, who has been distinguished by Buonaparte's presenting him with an EtAgle, as d testimony : of his approbation of the repeated sitc;- cesseS 'attending his depredations. The Eagle fell into the hands of Captain Usher, and well it was" for him that he did not come' within that hero's grasp. The expedition, although brilliant in theiiigh est degree; may be considered unfortunate, inas much as 68 men and officers belonging to the Gos hawk and gyacinth, were either killed or wounded: - but nothing could -exceed the skill with which the attack was planned, or the intrepidity with which it was carried into effect. The wholeof the Atip ping in thQ Mole might have been burned, but not without the risk. of destroying the town.— This, Captain,Usher, who had been actively and personally employed ingaining possession cif the surrounding forts, thought might implicate the. ruin , of friends as well as foes, therefore declined. The enemy_had every advantage of a moonli. - Ot night and. adverse Wind (from its, changing) to fire upon our gallant tars : beside;, it is feared that they were apprised of the - intended attack by - the treachery of some Spanish boatmen; aniffully prepared for it. • - The partial failure of the full completion of this atttek will not however damp' the ardour of our gallant tars ; and the public may soon expect to be gratified by a detail of more successful ex ploits under the gallant leader of the attack at Ma laga ; for where ver.services of danger are to be sought, or the enemies, of Great Britain are to .be found, thety will _the gallant Usher appear conspi cuous-. It shc• I be remembered by the relations of those who have gloriously fallen upon this occa sion, or'other persons disposed, to despond, that the great hero of the Nile, who afterwards ex pired in a blaze of glorious victory, outdoing all his forme: doings, was not always' quite success ful. Captain Usher (whose merits have hitherto been greatly obscured by his extreme modesty) is an Officer of the first distinction, as remarkable for coolness of judgment, as for. great' skill and un daunted gallantry : he - may be said to have fairly fought his way from the little Colpoys. schooner to the command of a frigate. flis' splendid ser vices, ,while e6runianding the 'Redwing, in the Gut of Gibraltar, previous to the amicable arrange ments with Spain, .(and duriag 'which immense rewards were offered by the Spanish people for his head, dead or alive) will long be remembered by the inhabitants of the surrounding coasts • with a mixture of 'terror and admiration. It has fallen to( the lot of this Officer, while presenting a memorial, soliciting a pension .for va rious wounds received in the service of his Coun try, to approach very near to the celebrated me morial presented upon a similar occasion by the immortal Nelson ; for Captain Usher could, like the hero named, state himself to have been more., than one hundred times personally' enaged with the enemies of his country—to have . been ivound ed in almost every part of his body, and t 6 have shared in the glory occapturing nutheriMs ships, fleets, forts, and batteries.. NOr bravery the only , characteristic of this rising character—the attributes of a feeling heart are so fully depicted' irs the following letter relating to a gallant young Officer, felt in the laie AiLicic at Malaga,' that fOr the honour of bOth'.parties it should be . given to tlt world. Captain U. writes thus to a friend " i-Iyacipth - , off Malaga, May 1, 1812. " MY Dfuß " It is with extreme sorrow I have to acquaint you of tli.e death of my gallant follower and friend Thorn Son, who fell in the attack upon the enemy's privateers at :Malaga, on the 29th ult. I sincerely, trustthat it Willbe some consolation to' his poor fa mily to know that nothing could be more glorious than hi's conduct, and he fell regretted and honoured by all who knew him. I cannot. express what I have felt upon this occasion. These trying events make our situation far from enviable. (Signed) ", T. USHER." Nor should a letter from the young Officer here spoken of, written the night before the attack, to his widowed mother, pass unnoticed ; it breathes the sentiments of a true sailor, and pourtrays the heroic, spirit animating - tbe breasts of our gallant . defenders. I/ is as follows : "MY DEAR MOTHER, " Since my last letter, we halve the good for-. tune to be ordered off Malaga, the only spot the French have got hereabout ; in it there arc five large and small privateers, with some merchant- . . men : commanded by batteries, - with some thousand French soldiers. We arc planning every thing we can to take it by storm. It is a service of soine risque, and whoever is lucky enough to escape with whole bones or heads, will obtain pro►uotion ; but in case any thing - unlucky should turn out, I have taken this opportunity of writing to you, that \ you may be able to say he fell in a good capse—defending his King and Country. • So, my dear Mother, Adieu for ever ! (Signed) J. J. THOMSON. Young Thonison was, with a degree of libe rality and impartial regard to just claims (how - - ever humbly preferred), which, to his infinite nour, emiu - ently marked., all , the measures of the late First Lord'of the Admiralty, promoted to the . . .ank of a Lieutenant by Mr. YoaKE, on the 21st of Rarch last, without any other interest than a simple representation of his services (which were, ho'A - Teer,exemplary), and without the aid of any powerful patron, in preference to numerous appli- Cations,:w ^ ith 'Mr. YORKE`must at thaipe _ _ riod-'have• been surrounded, and .no doubt I,vere most powerfully pressed upon his consicteration.. General LAYARD and suite are arrived at Ports mouth to go out to Sicily in the Goshawk. LONDON Printed by MONIAS WOOD, of No. 35, I ,`,Taiden-lane, Covent-gr,r(lrn ; and Prbli shed ,by WILli AM ARMIGrat'SCRIPPS, .South 'Molt, .t the ,SUN OkTICE-N®. 112,, strand, wnere 4doertiseilionts, Ordefs for the Paper, Lettei.; fur the Editor, &c. (post paid", - 4"(4R . tilt 5.'.1,74.„ ~ht. Ei . )1 ; i . 451"i A 5 you ..cent inclined to take hare that irrib/4 tvcpfsare. right; I beg leaire to ask, why the per sons whO kiie the direction of the llaminersinitli • toad have thought proper to narrOw the foot-path' so much, just be7i)nd . the three-in le stone, and should permit a hduse; if not two houses, to be built upon the road, jllt bey . chid the : four-inild stone,U=hich hardly admits the passing Of two c 4-- riages. Surely the same' adthority which wideni • the road in one instance, has the powei to pre'.'el:'t it from being,- narrowed in the other. If it be sail that the site of the ground Where the hOuse is bLl'it is private property; itscems verpstrange that it vez4 not built upon before ; but as the road, as far 3 4 I remtniher; - has not been encroached upon for. very many years, it is proper to have the nuittx. explained to the publi.:;. VIATOtt; CAMBRIDGE, jIiNE ordih . -tier holden, by the Lord Bishop of Norwlelt, at .the.-Catt 6 ' l • dial, on . Sanday laSt, the folloWing Gentlemen of this,u,, - „v& site were ordained:—DEAcoNs---Thomas D'Eve Betts, A ' of Caius-college ; John Henry BrOwn, B. A. - of Ern,n,•dine l 7 " college.; Edward•Dikes,Bolton, B.A. of Pembroke-hall ; john Buddell, B. A. of Corpus-Christi-eollege; John Stephemt , a Cann; B. N. of Caius-college ; Sheldon Jodrell, B: A. of Tii" - pity-college; Paul Johnson, B.A.- of St.-John's-college ; . plien Mathews,l3.A..of Jesus-college; Henry Ta c y, 4 Queen's.college Charles Wodsworth, Stadeist ofFens ilrote' • c6'.lcge ; William Wright,- LL.B. of Trinity-halL—PairsTs—• Aagustus Campbell, B.A. of Trinity-college; Robert Henri 4 Cooper, B.A. of Berie't-college ; W.mi - Cornforth, low of Magdalen-college ; Henry Girdlestone, B.A. of Cft:t.na rine-hall ; Burroughes T. NOrga:te; •B. A. FelloW of Caitsr eollege.---On Sunday, the .7th inst. was ordained Deacon ;1 • ,the.Bishdp of .Lincoln,' Thomas Thurlow, B.A. of-St. J o l l a's- • . college. The Members' Prizes rcir the present' rear. are adjudged to. Mr. John Ashbridge, of 'Trinity-college, Senior Baehelor4 and to Mr. Edward Blomfield, Fellow of-Emmanuel-college, Middle Bachelors.- The Norrisairi prize fothis year is ailjudo.ed t Mr . ChM , . b Jobson Lyon, B. A. of Trinity-college. An 'economical' arrangement has ken made 111 'the 'recruiting scrvice." It has been long ens.- tomary to employ tWelVe officers in the Ports mouth district ; four only in war to be the note' 'ber ; the others will join the regiments. Bow-STREET.-On Saturday, ThwnClS was . brOught to the Office by one of horse parole. and charged with being concerned with Joseph. Wright, in breaking open and robbing the house of Mr. Lloyd, a cheesemonger - of Battcrsea, , be tween two and three years since. The prisoner is the,man who stands indicted for the od'e'tel and was* committed for trial. Wright, who sv ls concerned with him, has been:tried and convicted for the offence. Several members of the St. James's 'Volunteer corps were summoned for the non=payment of fines, incurred for non-attendance. The circum stances were not gone into, the business bei'l compromised. The -Old Bailey Sessioni commence on - IWd" nesday next. The calendar is said to be very heavy. The trial of greatest interest 'will be tiot • of Bowler.—The London Sessions begin this dg7 at Guildhall, and that of Clerkenwell to-niorrewo at Hicks's Hall. At Leeds Rotation-office, on Tuesday week,' a person worth 8001. preferred a residence hi Wake.- -field house of correction, to paying die small. tine -of 21. •165./for the support of a bastard chikt, en 4 he was actually committed for three nirntlis • • Nearly 1000/. worth of fine clOth was stolen oi4 of the dressing-shop of ` , Cockroft and Johnsoil , near St. Peter's-square, hi-Leeds, in the night of Monday week. We are glad tri hear that the .greatest .part of the cloth . was ' , found. on Alondal morning last in different privies. We congratulate The public one farther fidi 'Oatmeal in our mxrket yesterday, it ii=ivitig beva 'sold at 295. per ewt. - ----We are also rcioiCed.t 9 have seen remarkable fine hew plittoes cqr market. Indeed ive haft little doubt but !:: .. e' ,l 'weeks Will bring a plentiful supply of all "1:e cessaries of life.—Be foist Newsteiter, .hirietz3.) Capt. JOHN DUR . ANT;Of the 2d West York re" eiment of militia, hung himself with a si k lona kerchief last Week, near the Barracks, cokhesteri 'he had been in a dejected state for some tirloo past. Coroner's verdict---Litaac.?j. BIRTHS. On Friday morning:last, Mrs. E:htdrrley, the wife 'of GCCV I Kinclerley; . gN.. of Line& n's4o ds„ of a Dzyni.;.iit.el-. _ f On'SatUrdat• inOrning last, Portiand-place, the Larly o * William Curtis, Esq. of a'Son.• " ' The same day, in Fenchurch,street, Mrs, W. Borradall 4 jun. of .a Daughter. . _ MARRIED. ..... On the 21st inst. at St. George's, Hanover-square, P. - A I L• Burrell, Esq, to Miss Hamline, of Chelsea. On Wednesday last, •at Clewerst•Chureh, Charles Hay lo, EN. one of His - 11raiesty's Poor Knights of Windsor, to - 1 . 41 - ;••• Smyth, Widow of Mr. Smyth, late • one of the P oor nil. being l?is third wife. Lately, at Cambridge, .11Ir.J . Valley, aged 74, to Mrs,M 6 Lunn, of Wisbeach, aged 84, after a eourtshiT of four dir‘f• This is the fifth lady that the bridegroom has led tb the meneal Altar. • DIED. • At Home. Pack, • a few:days ago, Mrs. Pahner, relict of o° , late Richard Palmer, Esq. and daughter of the late Ottitiel' i Bowles, Esq. a Lady of exemplary virtue and distinguishe o talents. At Rives, in Ross-shire, George Saekillle Sutherland, E' 4 '• Williani. Salfery,' Esq. of the Fen Office, Registrar of 016 Bedford Level Corporation. On Tuesday evening, at .N`ewport, Mr. Godwin, aged 0 0 ° hundred years and seven months. On .Wednesday, , at Penton.: isle, Roger' Owen, Esq. late - ° Bridewell Hospital, aged 76. On Thursday last, at Windsor, Mr.,Charles Ward, School' master. On Thursday last, at his house, Burrows.,buildinect - t" wife of Mr. 'Keats, Cheapside. Tli , ! same (lad', at Gussage-Honse, in Dorsetshire, aged 84, Mrs. Templeman, widow of the Rev. Coes Templemau, -10.. satiny Rector of St. Giles't, in the omit,. Suddenly, On Saturday last, at Ralshal, :(1 CAM bridges ll/Trf in her 8:3(1 year, Elizabeth Ramsdeat, relict of the Rev. V t " Raatsden, late Master of the Chartkr-House. • Lately, at Knoeltandu in the County of Elgin, Jean aged 70. For the last 50 years of her life she had dressed her self in untie attire, ,obstinately denied ber•sex, and worlied Al a day-lahourer. PRICE OF STOCK S ON SATURIX.A.Y. Bank Stock, Navy 5 per Ct. 881 with div. 4 per. Cent. 714 t ' 43 per Cent. Red. 5514 3 per Cent, Con.•shut Bank L. Ann. 14 13-16ths India Stock,. Foods, 9s. Bs. - diS• Exchequer Bills, 3d. and 31u• per day 2s. ss. di3. Dittu, aa. j e r play, par, 05•P'' :Pr. inspetial Ann. 5 1-16th Cons.•for Op. 56i 57i 57 , - HIGH WATEII'AT LONDON BillthiE .TO-M 011. 1 1 .0 Morning, ,55 atter .5. Evenif,.z"3 will. after u' an-strict, Crosvenor-squaM rntm be addressed.