The Sun. — London, England, 1812-12-18 00:00:00

, fended / the policy of the grant., and onservea, it ought to, be remembered the people of Russia had been placed in their preient situation, by the determination of the Emperor Alexander not to subscribe to the Code Napoleon. On the Motion of Mr. ABERCROMBY, Accounts of all original Causes, Pleas, Hearings, and Ap peals, n ow before the Lard Chancellor, Were or •• dered to he laid before the House. , Mr. WHITBREAD moved, that an Address should Pe presented to the ,Prince Regent, praying his Royal Highness - to lay before the House such in ' 'formation "as would she* whether the Keeper of the King's Privy Purse, or the person appointed by the Queen to attend to if, had taken the oath enjoined by, the 51st of the King, Cap. 1,. Sect. 28, before the Barons of the Exchequer, 'not to 'employ its contents fOr electioneering plirpOses ?• The CHANCELLOR of the EXCHEQUER, When the Hon. Gentleman gave notice of this motion, )iat - 1 understood it to relate to the Commissioners - of his Majesty's Property, and not 'to the Keeper of the privy Purse. He had since made inquiries accordingly, and found that the oaths had been regularly taken by the Commissioners. • He wish ed the present motion to be.postponed, not that he had any doubt of they oath having been taken • by the Keeper - of the Privy ?arse, hilt because, ; .not having inquired into the subject, he could not state that it had been taken, which, if • the nio . tiOn" were postponed,. he expected- . to' be able to do. • Mr. WHITBREAD bad no objection to postpone motion till to-morrow 3 and after a short eon . s v.ersation between ,hint and Mr. Bathurst, post , • polled it accordingly. . SPANISH ,CAMPAIGN. _ - 4 Lord NUGENT gave notice, 'that soon after the `holidays it was his intention to move for certain Papers, explanatory of the conduct of the late campaign in Spain: - • - The CHA N CELLOR Of the FACHE6tUFR. in. mov ing thi, third reading of the HOusehold.Bal., pro, posed to omit two of the clauses which had been objected to, not on account of what had been said of them in ,that House, but from other cir . cunistances. The Bill so curtailed was read- a third. time and ,passed. AMERICA. Mr. WIXITBREAD, in consequence of the late arrival } from imerica., which had brought the Pre eident's speech, begged to .ask the Noble Lord (Lord Castlereagh), if before the recess it was his intention to lay certain papers forming different correspondences before the House. One part of the President's speech alluded to a 'proposition made for aso *pension of the war soon after its declaration ; and another proposition was noticed, 'which he 'supposed to be a seco , . '..proposition from Mr. Russell before ,he ;je w i s hed to know to what the Noble Lord considered the President's Message to' allude ? He thought it very desirable that every information should be given befor the recess. Lord CASTLEREAGaapprehended the Honourable Centleman was mistaken in his idea, the, to pro eace the papers alluded to before the Holidays would accelerate things as he wished. It was ne cessary they should be printed, which could not ' be done before the recess. He had no disposition to deny that it was the intention of Government,' at the proper moment, to lay before the House the papers alluded to, and to take the sense of Parliament upon them.. It Nvasnot judged proper at present, ,as Ministers WclCnot in possession of the result of • the overtures made through Admiral Warren. - He should feel it his duty to lay before the House immedietely after, the recess, unless there should be reasons, for, withholdi n g them. A proposition. had been made _through Mr. Russell, which it had been thought proper to re ject. • After Mr. Russell sailed,, a se eon d p t opo,s i_ tion had been made through the Agedt for Pri soners ; but this was considered as yholly nn 'official, and bad been declined;for a. reason which would be seen when the correspondence Was proL duced. ' . Mr. WHITBREAD said, as the American Cur espondencr was usually very voluminous, it desirable that it should. be. produced, so that Members might, have an opportunity of reading it ,before the House Met again. • Lord CASTLEREAGH, for the reasons.he had al ready stated,.said it was impossible to comply with the wish of the Ton. Gentleman. The CHANCELLOR tire EXCHECUER gave ;no tice, that lit to-merrrow, in the Committee of SUpplY, should move a Grant to the .Suffering Russians, in pursuance Of the Prince Regent's Message. In answer to a question put to bins across the table, as to the amount of the sum 'it was.intended to grant, he said; without. pledging , himself tothat particular sum, it was in contem plation to propose 200,0001. • • Accounts of the Regulars and Militia forces were ordered to be laid before the House. Mr• 'WHARTON .presented Accounts of the Net . Receipt% of the 'Permanent, Annual, and - War Taxes "for the year' ending sth Oct. 1812. Order edto lie on the table. . Mr. LUSHINGTON presented a Petition f:oln the Owners and Occupiers of Land, &c. in Kent, pray ing relief. from the enormous expence incurred by the erection of a new jail, &c. at Maidstone, the expellee of which was estimated at two hnndred and fifty thousand pounds.---brdered to lie on the tahle.---Adjourned. . , • The follawing is' a correct list of the Russian fleet, arpived at Chatham :,-- . - SHIPS NAMES. ' GUNS; CO3I3!ANDERS. Chabroy .. , ......... . llO Commodore Bute hensky 74 f Rear-Admiral Karopka Parnetgeftavi . A Captain Butchensky Sincloy .. . Trechavutitel " 74 74 --!---- Rose , ....sorey Severdaja Sw.;:d , ----7 Porahehen Jupiter 74 Commodore Boyle • Oriel, 74 Capiain Dernoff IVliranosetz • 74 -4--- Moore • . Tshesma , 74 -;-4----- Sifishmtineff Viuera . 36 ---- Heldebraud rg {Adwiral Tate Sverb - a . 36 Captain Btitchensky . -------- Nivetky ..-s.rchi, Polozolf Illelputuell - W.aselesslcy Gernqon 24 --D..— Bojadanolf Ganez, brig ls' Captain Lieutenant Gefirrigef , I Vice-Admiral Crown Nord Alger 7`tl Captain Hamilton 0' Netron ‘ • 74 ' mithoil ' - -1 --"' Ternosslcy , . Bustry 36 LAW inportr COURT OF KING'S BENC'H, Dyc. 17 CASTER V. ARMSTRONG. This was an action for the folloWing words : ‘.‘ You're a rogue you wanted to bribe the car penter to sink the ship, in order to cheat the un derwriters." The plaintiff and o:bers bad bought the ship in question ; and Lord ELLENBOROUGH charged the Jury to gyre temperate damages for an imputa tion of no less a crime than 'felony. The Jury found for the plaintiff.—Damages 30/ RIGNOLD V. WATERHOUSE. This was an action by a banker at Norwich, against the. Coach proprietor in Lad-lane, for the loss of 6..narcel containing bills and .note 3 to a considerable' amount. The SOLICITOR-GENERAL, for' the defendant, produced his notice, not,to hold himself , tespott sible ror parcelS above the value of 51. unless en-; tered and paid for accordingly. Mr. Justice BAILEY (who. relieved Lord Ellen borough at noon) held. this to be agood defence, notwithstanding. an attempt to take the case out of the usual rule, by proving that the banker had once been a proprietor in the ,coach, and there was an understanding between him and the defen-: dant,• that hiS private parcels should be delivered gratis; for in the event of notice,- the defendant might have proyided a securer place for such par ecls. Verdict for defendant. ADMIRALTY SESSIONS. OLD BAILEY Dec. 17, 1812, Before Sir Wm. Stoll' - (Chief Judge), Lord EL LENEOROUGH; and Mr. Bal'on . THomits oN. SENTENCE OF THE MARQUIS OF SLIGO. - . . Soon after one o'clock, this clay, the Noble Marquis attended, pursuant to drder-of the Court ; and being called upon by the Deputy Clerk of the Arraigns, to slim cau.e why sentence should not be'passed upon hiin, for the misdemeanour 'of which he had beer found guilty, • , Mr. SOARLM r, his Lordship's Counsel, pre sented an affidavit made by the Marquis, which, after seine deliberation, the Court permitted to be read. The Affidavit stated, that on the day of the evening, upon which be sailed' fri)in Malta, he was so much engaged in making preparations for . . the voyage, that he was under the necessity of . leaving to L. 4 servants the business of engaging seamen. That these seamen Came voluntarily on . board his ship, and being the dusk of the evening, he did not 'see them'that night. He most soA lemnly deplaredthat he had no knowledge at that time that any of.' the people had deserted from the Warrior, but on the next day he did suspect some of them, and he then felt it was his duty to sad theM back, but being Misled by a mistaken view of his situation, he did not immediately adopt that course. When his vessel was 'searened,' however, the persons who were WittiesseS agritiSf ' him had.stated to, the contrary, he did not in hiS own Conscience believe ; nor did he knaW : at that time that lie had any of the' Warribr's men on board, and although there was• no• doubt that Captain Spranger might have bad knowledge of the persons of the, mcn, he .(the Marquis) had no such knowle.dge,•and it. was in proof that some .- days before his sailing his servant informed him he had two men who had deserted ;. innrictliately upon which be gave orders that they should be dismissed and returned to their ship. He ekpress- ed. hini3elf fully sensible of the error and. (oily of his , conduct, for which he did not venture to offer any.e . xcuse beyond that of youth and indiscretion; but he was inost anxious to set himself right with the Court with respect to that - part of theevi dence which charged him 'with abandoning these ineo.,•upon which he begged leave to state that, having used all the means in his power to recal them from the shore, he'did not sail untilshe had _received a positive message from them that they would not return to the ship, he therefore resent ed their conduct; and was unwilling to take them hack. With respect to the letter he sent to Captain Spranger, it was a - Private commtinica-. tion, never intended to be made public ; and as to 'the whole of his conduct throughout this unfortu nate transaction, lie never Meant to be, in the most distautdegree, wanting in 'respect to the laws of his country, and was now and at all times most ready anti anxious to express 'his con- • tr: . .ion, and to make every reparation and atone ment ,in his power. , Mr. SCARLETT then requested permission to make one observation. Lord ELLENtionotin—" We have already gone to the full extent, and I perceive we are now go ing to 4 length not to be allowed in any Court of ' Justice. We could not shut the door against the affidavit until we heard its content. read, which' certainly, goes in some measure to the extreme of impeaching the verdict ; but after that, 'to allow the defendant's Counsel to address the Court,. ,would be foily in the extreme." Mr. SCARLT TT—' ' My Lord, I meant merely to make' one observation, as to my own conduct in the progress of the cause." . Lord ELLENBOROLTGII—" , YOII may, state any 01. b singlefact you please,; but to hear the obser vaticins of Counsel, at the Moment sentence is about to be pronounced, is a thing impossible." Mr. SCARLETT then said, that the Noble Mar= quis was ready and willing to plead guilty to a part of the indictment, and not having given their Lordships so munch trouble, in taking up so many hours as this trial had occupied. He was•post anxious from the beginning to ; plead guilty to all those parts of the indictment to which he .felt -conscious of his misconduct,' but Wished to tra verse those parts upon which he did not feel him self culpable. But what had fallen from toe . Court, be was told by his .Conusel, that the Court could not ,nakeitha distinction, and there „ • fore advised him tb'traverse the whOleindietment ;' in consequence of which, and not from any wish of the Noble Marquis, it became .painfully t.ne cessary to,occupy the time of the CoUrt, to the length to which the trial had been protracted. ' 1 Lord ELLENBOROUGII—‘` All-these matters Sect the Court is always willing to, give every credit, uot only to the 'Able_Alaniuis, but to eveiT citien4ant whb comes`..before undek simi lar circumstances." ' -- • W'ILLIAM SCOTT then proceed:l to proA nonner the judgment of the Court, - in substance neatly as follows " My Lord Marquis-Jt now becomes 'a 'pain ful but a bounden duty,upon. inq, to pronounce the penalty- which the law has inflicted tqfon you for Ow misdemeanour of which you, have been found guilty. After a long and • impartial trial, the result of which has been, that you have. been convicted upon the Whole of the charges preferred against you, save the last; it. therefore now ,be comes you to make such .reparation to 'the offend ed laws of your country,' as the nature of your offence requires. lt is' unnecessary for me to di late upon the magnitude !of your crime, or the incalculable mischief arising- to the ptiblic service from the repetition of such ad offence.," The great advantages Which you derive from your rank and fOrtnne, give your country a right to expect from you a bright example of - obedience to the laws ; but in the pursuit of your amusement, you were led unfortunately into a breleit of those.very laws you were peculiarly called. upon to observe and protect, by which you have not only deprived your country of the advantages to be detived ftom the services of these men, but have also been the cause of a serious loss to the service of your. king and, country,,..and moreover . you have by your conduct exposed these pule men to all the. severities which the: law may think necessary to visit' upon them, to weaken the strength 6f ' his Majesty's' navy, and deprive these men of that protection they would. otherwise. haVe been entitled to ;. and, when the discovery was Made, it is most painful to deflect ; that you de-, wended to the practice, :of a deceit. It islmne cessary for me now to. Say'any thing as' to what your Lordship felt, when yOn :were satisfied of the error you had cominitted; and I' hope it will be_ your ambition in future, when You shall remem ber this unfortunate transaction, tuniformly to en deaVour to preServethe safety a;ad'proSperity of your country. Through the Medium. of this pain ful.admonition, given in yotir person, 'it is fitting that the public should be' reminded of that impor tant good, the tribunal of justice of this connoy extends to every individual, and td-know that neither the rank nor fortune•of any man.can be his protection against the offended laws of his coun try. The sente,fice of the Ourt therefore, is, That you, the Marquis of .sligg, do pay to the . King a fine of 50001. and that you be committed to his Majesty's Gaol ,of NevvgatC for the space of four calendaranonthS, and that you be further. prisoued beyond that period, ,uptil such fine be paid. 7 • The Noble Marquis soon after retired from the Court, through the dock, t.o_Newgate, attended, by the Marshal of the Admiralty and one Gen tleman. MURDER. John Bruice stood capitally indicted for the murder of James Dcan, a boy shout 16 years of agt, - ;'on the high - scas, in MC harbour of Milford Haven, on the morning of the 13th of Septem ber last, td - which indictment he pleaded Not Guilty. Mr. JERvis stated the case on the part of the prosecution,- which appeared in .detail upon the evidence as follows : janies Waters sworn and examined., stated that he lived at Bullwell, in the county of. Pembroke, near the Ferry at Milford Haven ; he remembered the prisoner coming about the middle of Septem ber, and asking for a passage across the riyer.— Witness told him it was then too late, that the boy • (James 'Dean), was gone to lied, fie then wanted, a bed, bUt all the beds were engaged, and he lay, -on the settle :at the kitchen fire, in witness's house. Next morning WitnesS asked hitn if he wanted,to go to Milford . ; prisoner said no, for there was no ship there that \\rutted hauls. Witness then gave the deceased It. Ifis. - to buy half a barrel of ale, and some change to buy some tobacco at -Milford.— Prisonersaw him give the money to the deceased, who then went to the water's side, and witness put two empty halt-barrels into the boat.. Prisoner was present all the time, and said he was going to' angle, and would go over to Milford with the boy; they then got in,_and witness pushed off the boat., It was a thick foggy morning, about six o'clock — the boy was about 15 of 16 years of age. About nine o'clock another boat came over from the other side., with one :John Murray, who asked witness who went over in his boat ? In .conse ' qUence of what he told witness, they searched the river for the body of-the deceased about, five in the evening, when they found him with his throat cut ; be searched his pockets, but did not find the money be had given - him in the morning. In, the bottom of-the boat, witness- saw a large quantity of blood, and 'a 1/. note, with the rest of, the money he had given the boy, Was found there ; went next day to Haverfordwest, where he recog ' raised the prisoner in custody. Upon Vs cross-examination by Mr. REYNOLDS, he could not say that the prisoner observed what passed between flint - and the boy in the kitchen. — The passage across was a river, and land on both sides ; the tide ebbs and - flows there, but 1.1,e could not see the sea from where he lived, which was fivemiles distant. Upon thi9, Mt. REYN9,LDI took the objection, that this case did not come within the meaning of the Statute, the crime not being committed upon the high seas, within the jurisdiction' of the Ad miralty. Mr. JARVIs, in answer, Observed. that the Admiralty, by' the statute of Richard 11. had a concurrent jurisdiction, as appeared in similar cases. The objection was over-ruled by the Court. Thos. Bledsbury worked at a quarry close by the wafer's edge, ,opposite t 9 - Milford : he had known the deceased for six years ; was digging stones in the quarry on a Monday morning in the middle of September, when at between ,six and seven O'clock, be heard aloud cry of murder se veral times; it was a thick fog, and he could not discern any thing, but thought it was the voice of -the deceased, and obServed to a soldier who was working • with m , ",That's Jem Waters's boy taking over some'of the dock-men who are licking the .game cry of murder, and on looking., observed a small boat witlya tall man standing tip in it, at the distance of thirty or r,,rty yards from and a small eart.floating at the stern of O. e - boat the man had one of the oars'in his hand, as 'was pushing something from the side of - the boat. Witness then ran oppoite to the boat, along the top of the and then dinew it to be Jena Waters's - boat, and :acv a boy in 'he: water, and beard bis_voice he thou called out t*lie soldier, that there was somebody. drowning ; the voice was feeble, and he soon after saw the body sink close by the boat.; witness then gave tke alarm, while others %Vent. across the ferry after the man ; the .bony was dragged for, and fining about five in the evening, at low water, and witness hrille diately'recognied the deceased with his throat cut, his pocketS were searched, but nothing found in them. . Mr. Gregory, a surgeon, on the 15th 'September; was sent for by the Coroner to inspect the body of the deceased, and observed a very large wound on the throit, which attended to the right ear, and which seemed to have been inflicted by some rutting instrument, at different times, and he was of opinion that this was 'the cause. of his death, He afterwards saw the boat and a quanti ty of blood, about four pounds weight, in the bottom, -sufficient to have caused the death of a stronger person i s _the wound -was so deep he could not penetrate the bottom of it with his finger. • Mr. Stokes, a • Magistrate of Pembroke; receiv ed inforMation about nine o'clock in the morning in question, that a-h Oat had been found with a quantity of blood in it. . Upon this he made every necessary inquiry, and took such steps, as he thought expedient ,to discover the murderer. WitOss then described the situation Sand boundaries of Milford •harbour, from which it appeared that the t 04y was found within the harbour, and below the body of the ri ver. it was :always salt water at that place, and for soma miles above, and vvitness.alWays had considered it within the jvrisdicti.on of the . Ad miralty, Here the evidence for the prosecution closed. The prisoner being called upon for his defer4e, admitted that the charge against him was true ; and the Jury found a verdict of—Guilty. The prisoner being called upon to say why sentence of death and execution should not be passed upon him, answered, " Nothing, only as much time as can be allowed' me, to make my peace with my God." The Learned Judge (Sir W. SCOTT) then in the most solemn and impressive Manner proceeded to pass sentence, which was, that the prisoner be taken to the place from whence he was brought, slid on Saturday next, be taken to the usual place of execution. (Execution Dock) and then be hang ed by.the neck, until dead, and his, body given to the surgeons for dissection. The prisoner appeared . to be -a man about fifty years of age, a tall masculine figure, and hardy countenance; he was dressed in a sailor's habit, and ,left the. dock apparently resigned to his fate. . PIRACY Thomas Younzhasband was capitally indicted for being found on board a - French privateer, .aiding and abetting the King's enemies, he being a natu ral born subject of the realm. Lieutenant Radford, of the. Desiree frigate, Stated that he was, cruizing off the 'l'exel on the 11th of March last, when he captured a French cutter privatercalled the Velocite, and found the prisoner'on board, acting in the capacity of Sur -ereon which . he afterwards acknowledged to the Witness: Pringle Stokes, a midshipman of the same fri gate, deposed, that in a conversation with the pri soner after the captnre, be told hint he was a na— tiVe of Holland, , but had been educated at Edin burgh, and Captain Youngbusband, of the British Navy, with some other ofhcers in the service, Were his relations. William Pellison„ a resident -at Berwick-upon- Tweed, deposed, that he h:ld known the psisoner's father very well, both previous to and after his marriage ; he had been a resident in Berwick, but in consequence of embarrassed circumstances went abroad. Witness remembered the prisoner at tending in the , shop of a Mt. Wood, a surgeon and apothecary of that place, but he afterwards went. abroad with his mother to join his father. Some other . witnesses also spoke to their knew- , .ledge of the prisoner, as a native of Berwick, pre vious to his going abroad. The prisoner being then called upon for his de-, fence, stated, from a paper which he read, that about 20 years - ago he accompanied his mother to join his father, who then resided at Ostend—that he had there married a French woman, by whoM he had three children, but driven by Misfortnnes and distress, he was compelled to leave Ostend, and 'at the time of the French Revolution was threatened and forced to bear Arms, as other men were then. obliged also to do. That he afterwards was also compelled to serve, on board the French priva teer, as -an assistant surgeon and civil officer ; but that he never bore arms against his l!lajesty. then offered several French documents in proof of this statement,-and the compulsory means which were exercised to force per'sons' of his description into the French serViee; but these papers' the Coart 'thought inadmissible, being unauthenti cated. • The Learned Judge, Baron THOMPSON, having sinumed lip the evidence, and explained the nature of the offence, the Jury, after a short deliberation, found the prisoner guilty, but recommendtd him • • to mercy. Sir WILLIAM SCOTT, in passing sentence, expa tiated updn the nature of the erithe,' observing, howeve-r, that the recommendation of the Jury would be properly repre . sented to that quarter whiCh alone had the:power of dispensing mercp, but it was his duty to pass the awful sentence of the law, which.was, that he be taken to the place . from whence he was brought, and afterwards to the place of execution, there to be banged by the neck until dead. The prisoner was . about forty years of age, of a respectable appearnce, and conducted himself dtiring the trial with becoming modesty and de-