The Sun. — London, England, 1812-02-03 00:00:00

a • Consols. OF SATURDAY; FEB. 1, air. WAR DEPARTMENT. Downing-street, Feb. 1, 1812. PRICE OF STOCKS. THIS DAY A T TWELVE O'CLOCK. - -63 i r Red. 6nn. - -63 i THE SUN. 110 LEM QUIS DICERS, IFALSUM AUDEAT ? L ONDO N, MONDAY, FEBRUARY 3, 1612. SUPPLEMENT' to ttit LONDON GAZETTP* A dispatch, of which the following is an extras, has been this day received by the Earl of Liverpool from General Lord Viscount Wellington, dated Gal legos, Jan. 15, 1812. We have continued our operations against dad Rodrigo since I addressed ou on the 9th in stant. We opened our fire from tWenty-two pieces of ordnance in three batteries in the firstTrarallel yesterday afternoon ; and we opened:pur approach to, and - established ourselves in our second parallel, one hundred - and 'fifty yards from%,the place, last night. - . . This measure has been facilitated by Lieutenant . General Graham having surpriSed the enemy's de tachment in the convent of Santa Crui,. close to the .body of the Pace, on the night of the 13tb.— The tight of our approaches was protected and se cured by this . operation. Major-General the non. C. Colville, who command i the . 4th division in the abtence of the Honourable Lieutenant-General Cole, likewise - attacked; the - enemy's post in the convent of San Francisco last'night, and obtained possession of That post, and of the other fultilied posts in the stiburb, where our troops . are now lodged. Our left ig proteaed and secured by this operation. TWo pieces of cannon were taken in the convent of San Francesco. Preparations to a certain extent are making at Salamanca, for the movement of troops in this di reetion ; and 1 have reports, that troops were to be collected at Salamanca on this day. _ We have till now had very fine weather, and the troops have suffered but little from exposure to it. I enclose the return of casualties. Return of killed, wounded, and missing, of the Army under the Command of General Viscount Wellington, at the Siege of Ciudad Rodrigo, between 9th and 14th January 1812, inclusive. loth January.—Royal Engineers, t captain killed. Cold stream Guards, ist Batt. 1 rank and file killed ; 1 ser jeant, 2 rank -and file, wounded. 3d Guards, tat Batt. 3 tank and tile killed; 9 rank and file wounded. ist Light Batt. King's German Legion, r rank and - tile killed; Is' rank and tile wounded. sth Ditto, i rank and file killed ; 5 rank and file wounded. ith lanuary.-71h Foot, ist Batt. r rank and file killed ; 2 rank and file wounded. 23d. Ditto, 4 rank and file wounded. 40th Ditto, 2 rank and file killed; 2 serjeants, ag rank and file, wounded. 48th Ditto, I. serjeant, tz rank and file, wounded. 12111 January.-sth Foot, zd Batt. 2 rank and file killed.; t major, 6 rank mad file, wounded. 45tli Ist Batt. a serjeant killed; 2 rank and file wounded. 74th Foot, 1 rank aid file killed; 4 rank and file wounded. - . 77th Foot, 5 rank-and tile wounded. 83d Foot, ad Batt. 1 lieutenant, 2 rank and file wounded. 88th Foot, Ist Batt. is rank and .file wounded. 94th Foot, Ist 13att. i lieutenant, 3 rank and file wounded. asth January.-43d Foot, Ist Batt. a serjeant, r rank and file wounded. sad Foot, ist Batt. 6 rank and file wound ed. szd Foot, ad Batt. 1 rank and file killed ; s rank and file wounded. 95th Foot, ist Batt. t serjeant, z rank and file wounded. 95th Foot, ad Batt. 2 tank and file killed; 5 rank and file wounded. Total PortugueSe loss—; rank and file killed ; t lieutenant, 35 rank and file wounded. Name of Officers killed and wounded, Killed, loth January—Royal Engineers, Captain Ross. Wounded, 12th January.—sth Foot, zd Battalion, Major Gray, sightly. 83d Foot, ad Battalion. Lieutenant Mat thews, severely. 94th Foot, Lieutenant Bogue, slightly. igth Portuguese, Lieutenant I. P. Benicoe, slightly. Wounded, 14th January.— rst Batt. Line, King's German Legion, Lieutenant Hunecten, lost both legs ; Ensign W time, slightly. N. B.' Lieutenant Hawkesley, 95th, wounded on the Bth, slice dead. MAILS. Mut Iv I I Lisbon, z Heligoland, 4 Dublin, 3 Waterford. Dus—t Malta, t Brazils, I Waterford. We received this day a Heligoland Mail, a Gib raltar Paper of the 11th ult. and Corurina Papers to 29th ult. We have extraaed the chief part of their contents. The last ThrtiSh Papers state, that Captain ATKINS was among those saved from the wrecks on the Danish Coast, GIBRALTAR, JAN. 11.—We stop the press to an nounce that authentic advice has just been received from Der.ia, dated 3d January, by wkich it appears that BLAKE, with part of his army, retreated to Valencia after the battle of 'the 26th ; that on the 28th -the enemy were repulsed, in an attack they made on the town ; that provisions for one month bad been thrown into the . place,' and great hopes Were entertained the enemy would be obliged to raise the siege, as MINA and EL ED.IPECINADo were ad vancing against them by 'the Segorbe road, and would aEt in conjunetion with the army under Ge teral FREY RE.—(Gitraltai• Chronicle. Jan. 11.) We this day present to our Readers lurther de tails respecting the trial of. Mr. KIRWAN, in the Court of King's Bench, Dublin, and the final re stilt. The Court commenced its sittings on the 23d ult. and on the 27th' proceeded to the trial of Ir. KIRWAN. One of his Counsel, however, chal lenged the array on an allegation that the Panel had been returned at the suggestion of the prosecutors, Alter a due investigation of the point, as we stated on Saturday, the Jury found, against the challenge.— On the .28th, an affidavit on behalf of Mr. KIRWAN as brought forward, the purport of which was to procure for him the same advantage as the Crown had had with 'respect to the persons on the panel, alleging that some were Orange-men and enemies of the Catholics. This business occupied Wednes day Lst. On Thursday the trial opened' with - a speech from (he Solicitor-General, and the Chief Jiistice aft:l - wards proceeded to . charge .the Jury, exi laining to,them at considerable length the pro 'visions of the Convention Act. Tie Jury leaving retired for ib minutes returned with a verdid of GUILTY. ' • SECOND EDITION: SUN OFFICE). • • HALF-PAST TWO O'CLOCK, ?. 'A. Cortinna*apers were this morning received in town to the 28th ult. announcing the fall of Ciudad Rodrigo on the i 9th. Tbe.Papers state, that though they cannot give particular*, came isno doubt as to The fact. NAVAL NEWS, 1 3 EIOUTH, FEB. I.—Arrived the : American brig John, belonging to and from Boston, BLACIpaRB master, with . a cargo consisting of sugar, indigo, andlogwood, boundto Tonningen, ptit in here beL ing in a leaky state. On the 21st - inst. in Lat. 43. Long. 23, the John fell in with - a French squadron, consisting of two frigates and a national brig, by which. She was detained some time, but suffered to proceed, after being plundered of several articles and part of her cargo ; they bad the day before taken "andbtfitit atiAmeriCan vessel.. The American schooner Spy, that' was detained and sent 'in here on Thursday last by the Belle Poule and Dryad frigates, fell in with, on her passage to this port, a French frigate steering to the westward under a press of sail, then about thirty miles from Brest. Arrived this day the Resolute gun brig, having under convoy a fleet from Oporto consisting of the following vessels, viz. Flora, TICKLE, for this port and Exeter; Ann and Eliza, STEEVEN, for Lon don; Drake, SKINNER, for Dartmouth; Flora, SANDERS, • Monique, SIIAW, and the Harmony, HUMPHREYS, for London ; and the Thetis, PERCH, for. Southampton ; all with cargoes consisting of wine, fruit, and cork ; sailed on Sunday the 17th instant. The fleet consisted of eighteen sail, and the - remainder separated on the passage. Arrived his M k iest'y's- ship Lightning, of 20 guns, Captain DOYLE, from Portspaouth, and is to take out Mr. VAUGHAN, to Cadiz, and from- thence she will prdceed to the West Indies. -: Arrived the Hermes frigate,, Captain BROWN, and the Nimrod hired armed cutter, both from Corunna, the latter,safied on Sunday the 24th instant, and left there the - Unicorn frigate, - and Goldfinch brig of War. . • Arrived the Tremendous , man of war from the squadron off Brest ; the Ant,-MAnnicx, from Ports mouth ; Union, TRENAMAN, from Wales; the brig Triton, RICH ARD SON; from St. John's, with a 'cargo 'of timber and staves bound.to London ; the gaillot Anna and Rebecca, SPELL, master, from Seville, . . with a cargo of fruit, bound to London; and the In telligent gun-brig from a eruize.• Put in bete this day by contrary minds and stormy weather, the Fortitude, LANEFIELD; Mary, BAGGS ; and Hunter ; HODGE, from Gibraltar, bound to.the eastward, and are under quarantine; the two former sailed on the i(ith instant, with a fleet of six sail, bound to England, under convoy of the - Circe fri gate, parted company a few days since ; the Hunter sailed on the 19th inst. and came a running ship. Arrived the Bristol man of war from Portsmouth, and is appointed take convoy to the Downs ; she will sail on Saturday next. Atrived the George, BENNETT, for London, and the Charlotte, CREWS, for this port, both from Oporto, with cargoes of wine. The Princess Charlotte frigate has detained and sent in here this day the-American schooner 111,7 an, M4CONNELL, Master, from Baltimore, with a cargo of colonial produce, bound to Bourdeaux, last from Corunna, whither'she was sent by the frigate, which detained her in lat. 44. 44. Sailed the Diadem man of war for Leith. Arrived the Albion, Avis, from London, with a cargo of rum for the Viaualling Office. His Majesty's ship Magnificent is ordered to Chat ham, where it is supposed she will be paid off. Arrived the Faihound sloop of war froM a cruize, having sustained damage during the late gales. PORTSMOUTH, FEB. I;—Arrived the Princess Ca roline from the Downs ; Diadem from Plymouth ; , and Antelope from a cruize. His Majesty's ship C- from the Mediterranean, and is put ,under quarantine. FEB. 2.—Arrived the Port Mahon from a cruize. DEAL, FEB. I.—Sailed the Pincher gun-brig for Heligoland. Arrived the Cracker gun-brig from off the French Coast, having received considerable damage in her hull and.rigging in an action of three hours with a French gun-brig, so close in shore that she was as sisted by the flying artillery; 111'19 took place on the night. of the 3oth ultimo, when the Cracker suc ceeded in driving the Frenchman on shore, and but for the tide ebbing Would hove totally destroyed her.. Feb. 2.—Sailed this morning the following East Indiamen to the Westyv,ard :—Earl St. Vincent, Astell, Larkins, Asia, Princeßegent Chapman, and Venus, for the South Seas, and several other vessels. The Peacock sloop of war and Rapid schooner have made signal tor all vessels that wait for convoy to get under" weigh; they wilt s.►il immediately the flood makes. - Sailed his Majesty's ships Princess Caroline, Echo, Forward, aud Ape Ns. . tRL4L OF THE CATHOLIC DELtG,ITES. FROM DUBLIN PAPERS - . 6 .IIECEIVED • YES'i'ERDAY BY EXPRESS. " COURT OF KIiNIGIS BENCH; DUBLIN, JAN. THE ]CIN.G•U. THOMAS KIRWAN.. The Jury appointed to by the cha,liencre made by Mr. Burrowes, having returned " We find against the challenge, -the Court - adjourned to -ten -o'clock• to-morrow in order to commence the proceedings On the' trial. FIRST DAY OF THE TRIAL, TUESDAY, JAN. Q.B. The Court met at. ten o'clock in the morning, arid a Jury being impannelled, the indiament was read and the' pleadings opened. - - The ATTORN EY-GEN ELAL then rose to . 2dlire'SS the Jury. He contended, that the Jury, in the'case of Dr. Sheridan, had not -determined on the question of law, but took its interpretatiOn'froin the Court, as they were bound .to:do. Their verdia of acquit tal was grounded upon an insufficiency of evidence. He next commented on the pains which had been taken to throw discredit, on the evidence of Mr. Huddlestone, though there was no reason to sup pose that. the Catholic Gentlemen would have wished to dispute the tads of 'the meeting and de. legation. He 'then proceeded in nearly the follow terms :--- " I now come to establish the fads, on which the prosecution -depends, that is, whether-thee-was, on the 3 1 st of July last, a parochial meeting, at St. Mary's Chapel, of the Roman; Catholics of that parish, to appoint delegates to represent the.Catho lies of that distria, and Whether Mr. Kirwan took an active part in the eleaion of those delegates.. To prove those fads, you will have two witnesses produced, in order to' ascertain what the proceed ings in that Assembly Wert ; persons who, how-. e•er liable they might be to a mistake in their evi die»ce, it is impossible they tould have any lute real, design in perverting ,it.___lteewitneases will swea.,aliat such an assembly existed on that day, and that sach 'delegates were elected, and that Mr. Kirwan was one of taose delegates so elected. The Coincidence between that election and the preceding resolutions consists in five perSoni being the exact number direded by those resolutions of July last, to, be elected, and the expressed object of their eke tion. Can any imputation attach upon those wit nesses because they were sent on that occasion by the . Police Magistrates, in the discharge of their duty ? Co - Laid those Police Magtattates - have any object in sending those persons to that Assembly,. to come back with a falsehood, in order to ground a prosecution against innocent men ? It is iiarpos sible ! Unless this Assembly was in consequence of the resolution of the 9th of July, it is impossible the coincidence could exist between the number of five, elected at this meeting, and the resolutions en tered 'into upon that occasion. I ask you, Gentle-, men, whether the inference natnrally, _arises, that those five persons were delegated to this national convention, in consequence of the resolutions of the 9th of July ; and this inference is confirmed conclusively by the suppression of all evidence on the part of the trasersers. Dr. Sheridan lias been ' acquitted, and he is a c.ompetent witness. He could prove that no such fads.-existed 'as are alleged by those witnesses, if such was the case : and there fore, if there has been a total suppression of evi dence on the part of the traverser, Dr. Sheridan, on the former trial, can there be a doubt but the Jury_upon Oat_ case, after hesitating = hearing the evidence—the able discussions on both sides, and although qualifying their verdict by stating there was an insufficiency of evidence as to the fact of de legation, yet found their verdk on weak and erro neous judgment ? That verdia cannet be given in evidence on the present occasion, but I should not ; Care if it was ; for it would still remain, Gentlemen of the Jury, for you to decide. whether that verdict be right or wrong. If that verdia was right, you will be of the same opinion ; but if wrong, and absurd on the' face of it was so erroneous that the Gentlemen who brought in that verdiat were ashamed to deliver it without an apology—l know you too well to suppose you could be 'influenced by any political or personal consideration, eirlier by hope or fear, to exercise your judgment in a way not pursuant to the dilates of your consciences. And, Gentlemen, I- do declare ; - ifelehaal-abeetaaripon that Jury on that trial, I would have had as crutch' doubt upon the evidence given upon thatoccasion,:as I have, at present on this trial, or that I have a doubt the sun. is now Alining - . It will appear to be still more ludicrous that such a verdict could be found, wlieir I come to state to you the manner in which such a verdid was had. It might be owing to that display of talent and ingenuity exerted by my Learned Friend (Mr. Burrowes) who never fails to exhibit an uncommon degree of enthusiasm on all questions which affect the rights and claims the Roman Catholics of Ireland ; I do not re coiled that he ever told the Jury the charges which "were against the traverser, or that they were untrue; although he 'laboured in a speech of three hours, which I do not say was either prolix or tedious, in justifying the fact, without denying the truth of it. He urged to the Jury his comments upon the Convention Aet ; he justified the meeting of that assembly upon a statutable construaion, without even impressing upon their minds a doubt of its existence. Has it ever happened in any com mon case on a question of property, or a case of assault, that Counsel was employed to vindicate their client, not by contending that no such assault took place, but that the party was justified in vio lating the law ? My Learned Friend has told me that I was in Boeotian darkness, as to the Catholics of Ireland, if I did not. know' that Catholic Corn-a mittees have existed for these fifty }ears, and heft] their sittings in the city of Dublin. But, Gentle men, allow me to say, that if Catholic Conventions can assemble in the city of Dublin, in defiance;of the Proclamations of the Government, in contempt of the Constituted Authorities of the land, insulting the law, and the Constitution, I am glad to be in such Boeotian darkness—for I would not wish to live in that country where such a monster of anarchy existed; I love My country, but not to be under the government of a Catholic Parliament'. If the Ca thOlics have claims, let theM 'be made to the Parlia ment of the Empire, there alone must they be (lei cussed. And therefore my . Learned Friend, who entered, on the last occasion, into so laboured - an argument, to prOve that the claims of the Catholics ought' to be conceded to, relied upon a subjee en . • . . . , iirely lo e'sicie the 'objeEl isi the trial ; and hti argu .. :.' merit NITS 'calculated to mislead the Jury , from the real subject of their consideratiO,... Wneti:er il e ' Parliament ought to concede the claim's of the Ca tholics or not, cannot affeti the question, whether Mr. Kirwan has, or has not, violated the law of the .. land. The one wou ld b e a non sequitu r of theoilier;- and therefore, Gentlemen of the Jury, if my Learn . , ed Friend should get up to argue the- propriety of Catholic: claims,lou v.ll tutu asicle-frout. that-in, quiry ; for the question is, whether Mr. Kirwan is guilty of those fads, which, if he committed, A ,amount to a Niulatituvof the law of the land : for.trie; law upon that subjett you must attend to the opi nion of the Court, and from no other source are you . warranted iii taking it., _ Gentlemen`, I do not feel it ne ce ssary to trespass fohger on your time ; tor, reallY, after all.that has' '• been.said ,dn this case, it appears to nne:to be so clear, as -to the interpretation of the law on the subject, atidithe fads Will . be so subAantiated by evidence, that I' conceit e I ain warranted in saying that you cannot be justi6ed irkleaVit.g your box, to decide on your,yerdid. ; • '' EVIDENCE FOR THE• FROSECUTiON. Francis - Huddleston: examined by Mr. Solicitor• General. Did you attend at a pubic meeting on tlik Dtli of July last, iu Fishamble-street ?-1 did. Was it numerod,liettende4 ?—Very numerously., Who prtsided in the chair. ?—The Earl of Fins • , • ,..- gal ; I see him in Court. Who ailed ea Secrelary there ?—Mr. Hay. Did you see him in Court yesterday or this day .?. I Or, him now in Court. . 'Were any resolutions .prepared, read by any per son . ?..----There were. Mr. O'gonnellmoed tbur re solinionS; hot•before that, Mr. 1-1.4 y read to the meeting a resolution which had taken place at a p. for meeting._ What wa s the nature of that resolution ? Mr.GooLD objected to the witness giving evidoucie as to the import of these resolutioni. :% Mr. PERE IN submitted to the Court, that such statement of the witness, as to the general import of the resolutions, was not legal evidence ; in support of which he cited the case of Hussey against Coke, in the Star Chamber, reported by Hobart. The Court took the distinction between evidence go ing to support the material allegation of, and gist of the indiament, and that which was only stated by way of inducement, and over-tilled the obje&ion. M r r. Huddlesten 'then explained. 'There were e. solutions then proposed .by Mr. O'Gorman., and .were carried unanimously. The words of the first resolution, proposed; in an audible voice, for a re. peal of the laws affecting Roman Catholics. He then stated the third resolution, mentioning that 1;4 added an caztera, not having heard the words, but which be Said he could supply from what he saw in the Dublin Newspapers, .namely, that the Catholics would conform. theniselves, in txercisi.n.ik their rights, and adhere to the -- ancient forms of tt e Constitution and to modern Statutes. He stated that' John Burne proposed another resolution, viz. that the Committee to be appointed to prepare Po7' titions do consist of 'Catholic Peers, eickst sons of Peer's, and Catholic Baronets;--idly, of ten: persona chosen front each of the counties, and the SUryivill delegates of 1793, to form an-integral part -of,thest ten, and five persons from each parish in Dublin. There were other resolutions—five hundred pektha r ri to Todd Jones, and thanks to MeMbers of went. , Air. Huddleston thought it necessary to expiala some cir curustances that occurred herethe last day- He felt most acutely th,',A any Iniscbneeption slrodld go abroad. He adierted to the letter of Sir Charles Saxton ; r there, were ; three: circumstances ivii i rch mode an indelible impression on his mind. He hill often heard Mr. John Sirrnos - peak in private on subjeet. The resoldricii6vas' in Me teeth of ,11 0 .a bustle_ in -ale mu as at the time the resolution was proposed. He W 2 'expressly desired.not 'to insert- the wotil Delegate > in repOrring. - .)„ BuartowEs, 77 lt proves how much, better a suspeded. witness may acquit himself, a second time. Judge DOW NES.—I have not taken down pie word ,of th evidence. Cross•examineal by Mr. Goi:V. How could such a letter, written in March, 0 1 fresh your memory on a subjedt in July ? Mr. Huddleston.- 7 1 did not stand in need of aof thing •to refresh it ; an impression may be made bf a chain of circumstances. G — orZip.—So then you refresh your memorY on a prior event by reference to a subsequent event; that is the sublime and obscure.—The witness awl proceeded-7-1)0es not hold an Otlice ; he has not* since the late trial, had any communication on the subjea of a place, or with any other person; 164 communication was in the Sheriff's prison; the printed paper which he had in his possession, t ie that day, was read by him this day ; he looked 0 the resolution to refresh his memory as toMr. Hay's conduct-; he rn ide a mistake—but if he looked gi the printed paper, it was inadvertently; he swears he did not : say 1803 instead of 1793 ; he gave the same evidence on the last trial, not in words, but, in substance; he was aware of the importance of that admission ; he alluded to some variance in the printed resolution from Ilk deposition; he was cool' gelled to read his resolution in open Court; not telapsed Papist, and swears he'never will, tpless loses his senses; would not for a Catholic .I.3shor rick. He was asked, would he for 30001. Huddleston. Oh, no; nothing could change ltiy private opinions; He might eo to mass 'front cove' test'; he was accustomed to inisfortnne, and CoulJ bear it ; he was not an unwilling witness; ilid not swear, on a former trial, that he was an unwillini; witness; if he swore at the.last trial that he was 3 0 .unwilling witness,lie would not have sworn alat34 he valued himself much on• his integrity. He wt" asked, did he' ever give, a signature birder his haao that he told an untruth > Witness does not under stand the question; to the best of his recolletlion never dtd; he recollects signing a paper,. but not derogatory to the charaCter of a Gentleman ; it wag a Piper in which Counsellor Bethel was concernea• (Question over-ruled by the Court.) He did not see Kirwan at the meeting. There were people 0 1 great charaaer and property ; believes Lord FiEV L II to . be a loyal Man.—He was asked, he thing-