The Sun. — London, England, 1812-12-05 00:00:00

LAW REPOIIT. COURT OF KING's BENCH, DEC. 4. WILSON V. BAKER This was an action to recover compensation in damages for an assault committed on the plaintiff's wife: It appeared that Mrs. Wilson went to the shop of the defendant, who was a butcher; to buy some meat. She first had a shoulder of lard `Cat off, but then she changed her mind, and would have a pound of rump steaks instead•of it. The defend , ant cut hei: a pound and a half : this she saki was too much;` she would have only . a•pounti". He reduced it to a pound and six ounces, still she was dissatisfied ; upon which he lost his teMper, and very rudely tumed,.her out of his shop„'hut with so much violence, that two witnesses said she was considerably bruised. The mob also gathered round the door, seeing the manner in which she was treated by the defendant ; supposing that she bad been committing some petty theft. His Lordship said this was an unmanly assault, and they would say what damages the defendant ought to pay. - Verdict for the plaintiff-=-Damages 5/. JONES V. EDNV.Y. This was an action to recover back the sum of 100/. which had be . en paid as a deposit fOli the purchase of a public-house in Hatton-Garden. — ['he house, at the time of the sale, was stated to be a free house, but in fact there- was a covenant in the lease, that. Elliott and Co. should slipply all the beer,and if the tenant took it of .any other brewer, then be was to pay an additioiial rent.— . The.plaintiff, at the time of the sale was informed of this Covenant, but be said that Lord Ellenbo rough held such a covenant wa - i good for, nothing (alluding to a case' in which his Lordship tided, that 4. publican was justified in deplarting from his covenant, if the Brewer furnished had beer). He, however, found that the covenant was bindin7 to a'eertaio extent, and he claimed to have his depo _ sit back again, as It was not, as stated in the printed particulars, a free house. Lord 'ELLENBoxouom,• in summing up, stated it again to be his opinion, that it would be fit for the Legislature to interfere to rescue publicans from the oppression of brewers, and reprobated the practice attempted by Auctioneers, of varying their writi.en proposals by verbal mplanations.— - Verdict for the plaintiff. POWYS V. BRAMBI.r. This was an action of trespass against a Green wich coach, for running down a curricle; but it appearing that the curricle .had- 4utered into a competition with- the coach by.. attempting ..to reach a turnpike gate first, the plaintitf.was non suited. JACOBS t ABRAHAMS. . This was -an action brought. to, recover the, Om of 811, from a stake holder. The : plaintiff .had wanr-d." bets to that amount, with a .?.vir. upon thc trotting miles an hour of Lee's - horse; and the stakes 'were deposited in the defendant's hands. After the money was so deposited, a dis pute arose between the betters, whether, in case the horse got' into a gallop, it should be pulled up, to a ston, or turned' round.; and the plaintiff declared off, and on the evening before the per formance of the wager_ sent a xyritten notice•of such determination, by his Attorney. , The SOLICITOR-GENERAL, - fpr the defendant, wht had paid the stakes to Mr. Lee, contended, that as the wager was a written contract, and the money_had.been staked in:the bands of a third' person, neither party could retract. Lord ELLEINZBOROUGH held the contrary, and the I)la:tit:if recovered his-verdict for 811. TTTE•K LNG V. GAWLER AND MATHEWS..-THE SAME V. GAWLER AND SADLER.--THE SAME V. GAWLER A.!,7D SHEFFIELD. These were indictments for a conspiracy to de t.he Government, in fabricating false certi ficates of seamen's service. . The several circurnst ances; and • acts were proved by •a Variety of witnesses ; and the Jury returned a veplict 'of Guilty on each indictment. OLD BAILEY, Nov. 4., MURDER. John Chaplin was indicted for the wilful; murder of 'hiswife, Elizabeth. Chaplin, on the 11th of Noveinber last, at his residenct! in ShoC-lane; by knocking her down, and afterwards cutting hey, throat in a most shocking manlier. The - Wit nesses for the prosecution and their evidence, were the,same as before the COroner. Mr. Baron GRAFIAI asked the prisoner what lie bad to say in his defence ? Ike answered, " No thing." &iiig again asked by the Learned Judge, if he had any witnesses ? he answered, " None, but : those that-sawit." Mr, GURNEY observed, he bad several witnesses to examine, who would prove -the iwsanity of,tlie prisoner. [During the trial the prisoner struck at the' keepers in the dock, and it took four of thein 'to hold him ;-when they . had overconte him, he said he Wils sure he bad killed all about him ; one of the underrjailors said, .". Nó, you have not," and the prisoner then returned peaceably •to the One of the witnesses had'so little doubt of his insanity, that he advised the deceased • to ,s'ear the peace against the prisoner, as all attempts to confine him pe! manently had failed. She saidshe Could not think of doing it. The Keeper pf a house for the reception of leniatics proved the insanity of the prisOney;- 7 4 did several other witnesses. Mr. BARON !GRAHAM Observed, it was. riot suffi cient. to know that the priSoner was Subject 'to paroxy m liminess, s of but wliethei' he was iii such, a situation .when he 6onuitted thg, bloody deed; as to , knew . right from wrong'. Irttioi liered he knew the differmicz, it i,;•as their t.itty to return .guilty; if they Is.elieVcd' lic dict.not; they woilld Mention their reasons to him,. - and , he would report 'it to . the Prince Regent, 'who , would give ordett that a proper . confirietrient ShOuld be appbinte:d filr . the piisuner. The - Jury 'retired at half-paSt - two oselock,"arid' at foUr-returned their verdict Guilty' but irsaio. • • J)IED. LONDON: - Printed by 'THONTAS WOOD, of nustell-tourt, Bridges-street, C, ren t-garddn; 11 5 ublisheil by WILIAAm - . Attmmr:n SCRIPPS, South Molton-street, Gross c: or-slunrc, At the SUN 01 , 4q.ce,. No. 112, 6traml. where didvertisolliguts, Orders tor_thr Paver ) , getters for the Editor, &C. (post paid), must be addressed. On tin. , '29th ult. - at hc.r house at Pentonrille,Mrs. Biggs, aged 7;f. Yesterday se'nnight, at Wonston, in Hampshire' Frances Katharine, the infant danghtei of the Hon. and Rev; A4g1.1- tuA George , Legge, RectQr of that, place. On Monday last, at Newc.2st.l?-ander-Line, •Hilf, Esq. The same day, at his house, Upper Wimpole-street, Henry Shirley, Esq. Oa Tuesday, at S'trattot Park, Nants, - lbe youngest daugh"- ter of Sir Thanras Baring, tart. - - . • . On Wednesday, at hrr siste; 103, Fenchoreb-street, Miss• S. Kent, ut (;lepton, in the ;;nth year of tier. age, dang-hter,of the late Mr. A. Kent, of 14:25V,,11-hiltand - Carpenters'''Hall. tl Minorca, Mr. Jolla :hairy Search. Lute y,. at Ennistviiwn, in the County of Clare, after a, lon illness, Lieutenant Thin:4as Tibiley, Royal Naval Commander of the signal station at Hagsbead, neap Liseanor.. Lately, at Drogheda, of a decline, aged 5.7, Lieut. Hawks ' shaw, of the 90th Regiment. • COAL LI It ET, . DEG. 4. Maraet. Ships sold - . Price. 34 Newca.Ale . . . 111 . . 425. 3d. to 545. 3d. 3 Sunderland . . . . 1 . . . 455:- 2+l. - to '6d. PRICE OF STOCKS YESTERDAY. B. Stock, 2i6.9164 2151 210 Orel Ann. .. Navy 5 per Ccni. shut Excheq. Bills, ald. per .day, Irish 5 per Cent. • • ls. pr. . 4 per Cent. 721 73 3 p'o. Cent. Red. 51f,,1. .ountium, 01 5 4 . 1 51 3 per. Cent. Cures. 58413 Imperial.:3 per Cent.. 55f RanLL.Ann. 141:i_ Ditto Ann. . India Bonds, G. 7s: di's. Con.: for •19 Jan. 58 59H YITOR WATRR AT LONDON 'BRIDGE TO-MORROW.' Morning,-40 minntel•after Evening, 5 minutes after SPANISH PAPERS. Official .Letter of the Secretary of Stat'td the.ArabassaAor of ifis Britannic` Majesty, containing , a C,:py of the Decree of the Corte;, appointing Lord Wel/inztooto the Chief Com.: wand of the Armies of ft.fe Peninsula. " Most Excellent Sir, " I have the honour of informing your Excel lency, that the General and Extraordinary Coetes, wishing to improve the glorious successes of the Allied Arrns . , with a view to .put an cad to the calamities of war, ;whiCli bear heavy upon the na tion ; considering, that nothing .can contribute more effectually to the attainment of so interest ing an object, than the placing of all. the troops in the Peninsula under the direction of one'Com mander, in order that there may be 'unity:in the plans- and-operations of the Allied Forees ; and setting the highest value on .the distitiguished ta lents and eminent services of the Dike of Ciudad ROdrigo - , Captain •Peneral of the Nat iOnal Armies, have "decreed, inra secret sitting, that during the co-operation, of the Allied Farces, he shall be in vested with the command in chief of them all, exercising it cdnfOrmably to the general . ordi- Minces - , with this difference only, that, whatever is enacted in Article 6, Title 1, Treatise 7, of the same, a copy of which is annexed, shall be extend ed to_all the 'provinces of the Peninsula—that commander corresponding with . the Spanish Government, through the office of the Secretary at War. The Regency of the kingdom has directed me to request yotir Excellency 'sill have the goodness to transmit this important communication to the Duke of Ciudad Rodrigo •with as little delay, as possible, hiS Highness. + being . perSuaded tharthis meritorions Comniander will see in the , above mentioned determination of the. Cortes, a most so lemn and authentic testimony of the nationalgra titude for the eminent services whicli he ha's ren dered to Spain, as also of the great confidence to which he baS entitled himself, Iry the uncom-, mon talents and military virtues for which he is conspicuous, and by the unlimited.. zeal with which he devotes them to the furtherance of the common cause. " His , Highness is anxious to hear of the Duke of _Ciudad Rodrigo having accepted the aboye mentiohed situation ; -that, being oilic!allyirrforni ed of.it, he.may direct:the pu_blicatiod of the re solution of the Cortes. by which .his Lordship is ins'est:A- with the -;50.111:C. ‘.‘ I. beg your Excellency..will admit of the sin cere assurances of ,my high consideration and respect. •. " May God, &c. " IGNACIO DE LA. PEZVELA. " Cadiz, Sept. 25." • • . Answer' of the Duke of Liudad Rodrigo to the Ambassador Of his liritannic Majesty, who had coluntsnicated the fore .:goingßesolutiOn and Letter to his L:74!,iship. Mot Excellent Sir, " have 'bad the honour of receiving your letter 'of the `2...5'fb of September, inclosing another of the•same date from Don Ignacialie hi Peznela, ; by which I learn, that the General and Extraor dinary Cotes have -beeh 'pleased t 6 direct the conirnand'pf-the Spanish forces to be . conferred on me ; for which signal proof of confidence on the part -of the Congress and . Government," I re quesb-your EXcellency- will express my deep-felt gratitude to the Secretary of State.' * " finest anxiouslY wish to do whatever lies in my power to promote and obtain the laudable ob ject of the Spanish nation, in her just contest with France,•and I have no objection to under .taking the nevrlask and responsibility inseparable front the exercise of the cOnimand of the Spanish armies. - • " 'But I . cannot announce my .acceptance of the honour conferred upon me by the Cortes-and Government, without the previous permission -of his Royal Highneis the Prince Regent, to Whom I will hnmedistely apply for this purpose. . " I am the less concerned at this delay, as hav ing long been iri 'the habit of confidentially coin mUnicating, to the Generals at the head of the . Spanish armies the general object I had in view., in the operations of the' Anglo Portuguese under my command, suggesting at the same time such . as - they' might , adopt to' effectually co-operate with me. " I have constantly found thenueftentive to those - Suggestions and received front them whatever assistance'they cimild give, and accordingly I am convinced. they will continue to do so, although I do not illimediately assume the chief.comrnand ; I therefore belieVe, that no inconveniences eau result from ntyanplying to his Rottal Highness the Prince Regent, previous to itimittiug - the honourable 'trust conferred unon rue •by the Cortes. "This 'token' of confidence on their psrt, and than of t.3.:overnment, amid the terms in which it has been tOmmunicaied io. me, are a mostflatter ing proof of those Authorities belug persuaded, that., in the command of the other two members o the Alliance, with *Welt I had before been invested, I have- done Whatever lay. in my pomer to promo*. the common cause of the. Allied Na tions.. I deem it, therefore, needlesS to'make any . protestation on this-point, and hope, that, in the new and more iexalted situation, in,..vhich I shall shortly he placed, as Commander in Chief Of the Armies of all Allioi in the Peninsida,, 1 shall not • only Le supporterl, but succeed in impreßsing the 'Spanish Government, Cortes, and Nation with a fire n belief, that all' niy measures will have. for tikeir sole object the furtherance of the common cause in which they are all so earnestly engaged. " I have the honour, tke. ('Signed) " WELLttiGTOti. " Villa Toro Oct.'i 1812. ;:his Excellehey Sir H. Welle,l<*y, K.B. On Tuesday afternoon, about five o'clock, as Mr. Appleford, of Richmond, was crossing: Hyde Park, by the hei:d of the Serpentine River, he was stopped by tVfo men, one of Whoin seized him by the collar, deinanfiing his watch and money, the other, ithmediately knocked him down, and beat hith so severely, that he lay senseless on theiground the Sjace of itAuarter of an hour, or 20 minutes, when some persons coming alone;, found him, anti Very kindly assisted hitn. The villains had robbed him of 141. in Bank notes ; fortunately he had not his watch about him. ORAXT's SPEtCrt. : [Concluded from our I , :per oLTtiursday.] Those words were at that moment ringing in the ears of him, who was destined to make them pro phetic. . 'l'ha career of glory is closed : but .tho' he is gone, he has ICII behind him an example which posteaify will not willingly forget. He has, above all, left to every slatesnian a striking lesson how much public virtue is embellished and sanctified by priVate excellence; and how truly he consults his fame Who in the first instance con sults only his conscience.. , Forgive use, 6e:idea men, if I have detained yotatoo long . round that tomb ; a tomb made sacred by such excellence, And by the griefs 'of a Whole people; and round which the virtuous life. of that great man and the. circumstances of his death, have conspired to throw alustre as of martyrdom. If - I 'have not already exhausted your patience, allow me to ad vert in a very few words to ,the state of our fo reign affairs. That just 'and inevitable war in which we are engaged with France, has recently enlarged its sphere. of 'action by tire accession of hostilities with America - ; hostilities, which every • true lover of his country must deplore and depre cate. It is impossible, at this time, to enlarge on the'subject, one of:the widest and most compre hensive that ever came before Parliament, of our disputes with America.; but think, I Allay truly say, that these are hostilities which no efforts, no, cimcessions On our part have been able to avert: When I speak of inevitable war, let it not be supposed that I Overlook, or under-rate the evils belonging to every war. Hard indeed must be the heart which does not bleed over the calamities attached to a state of warfare under the miYdest circumstances. But, . Gentlemen, . when we are reduced to the alternative ; when we can escape from the • miseries of war 'only by planning into miseries irifinitebs more- tremendotts ; then, ' to dwell only upon the sorrows of 'war, to throw the nther branches of the question into.the•sbade, to_detail .and exaggerate the public distress, to ag gravate the sufferings which are endured, and en tirely to sink the horrors which.are averted, or ,the blessings which fire secured, this is not only the extreme of silliness and absurdity, but it is criminal, it is traitorous to the country,. And,•if in every war it is of importance to establish such a comparison, and to look , at either side of the case, it is peculiarly necessary in the present war, .in Which the proportion between that 'which is en dured, and that which is gained, is indeedincaleula ble. Still less.should we be disposedto lose sight of these considerations, when we recollect the signal success which has attended this s war. This, in truth, is one of the most glorious.features of our present situation; that we have, at length, .by our high .example, roused the dormant spirit of freedom, and armed avengers against France from the north and from the south. Four years ago, Gentlemen, all Europe seemed to be sunk in a dumb and stagnant submission. Throughout that mighty mass, there was no pulse, no throb, no movement that gave hope of better days. It was not only that the miserable nations of the Continent had lost their freedom, but they seemed to have lost even the sense that they had once been free. Not only had the car of the victor rolled over their necks, but the iron heel entered into - their soul.— At that moment, when we ourselves, li'ae the fragments and ruins of a better Nvorld, looked, +a (AO other, and grasped our arms, as if for the last time ; when we prepared • to receive the enemy on our own shores, in Spain a move ment was observed. Even from that . abyss of , degradation, a voice was _ heard, :which spoke to the 'feelings of liberty; and told the tyrant that the Pillars of his throne Were un stable. Then did we show for what destinies we were reserved, 'and to what destinies we were . equal. Then We showed •what deep feel ings are treasured in the hearts of a free people. There was then on .our part no, doubt, no delay ; no cold misgiving, BO timidity assuming the mask of prudence ; Ciacinnspection acting as pander to indolence and selfishness •: It was all glowing impulse. it was all ~ prompt and heroic enthu siasm ; we forgot that the Spaniards were our enemies. We . embracedthetn as friends and bro thers. We threw ourselves into the thickest , of the combat. We Taught the battles of liberty against France; We fought, and, thank God„ we trilintplied". 'But while' thusatxult in the . success Of- our example, do I forget the events which have recently taken place ? Do I forget the 50,000 Russians who died to' save their coun try ? Do r forget. Moscow never I Let those events be. never - forgotten, • Let them he always ,before the eyes of the civilized world.— Let us alwayS review the in arch of the conqueror, tracked, like ;the march of peStilence, by deso lation and •death. 'Let as -always. contemplate the smoking ruins of the Imperial ;icy. Let us always behold the victor, rioting with a.Baccha- Italian fury arpid thespeails and conflagrations of that ancient capital. Let these things be remesw. tiered, -that they may be avenged. Let them be remembered, that they may rose us to a sterner re4)ll'itiort and aabending perseveranee, Let them be remembered that they may-excite a just admira tion of the conrage patriotism a and self-devotion • of oar Russian Allies. I have heard it said, that if Moscow were lost, all vas lost ; 'and Russia must submit to .an ignominious peaces That as sertion Was false: Ru=sk has proved it to lie false, and will, 1 hope, continue sostoprove it. She has now farnished a parallel to one of the most splen did actions recorded in ancient story. - One Of • the wisest, bra-rest, most enlightened nations of antiquity, when they found it impossible to de fend their capital front • an Overwitelming ene- I my, took thess'Olemn resolution of abandoning that capital, and of trustingatheir whole popu lation, their fortunes, their wives and families, to, their navy. That resolution was 'undoubtedly inspired by a noble ' enthusiasm ; but it %Vas also founded on a profound knowledge of hu- - man naurea Those illustrious men knew well in what the essence of a nation consists. They knew that their capital might be purified from the stain of the polluting hoof of rise invader ; that their theatres might be rebuilt, their streets might again be inhabited, their fields might be restored to fer tility, hat they knew atlso. that when the spirit of a nation is puce sodas', that stain is deep, indeed , and lasting. They knew that if a people be once - taught to acquiesce in a foreign yoke, to tind.in opulence, in the comforts of life, in the cul tivation even of the most laudable arts and scienees„ a subsititute for national honour and indepen-. dence, the die is Cast. They knew that if the soul of apeople be dead, ages must roll away before it can r'ive, it must pass through many a stage of degradation and sorrow, before it > ^an be purified by suffering-; and made strong by adversity; be fore it can appreciate its former,,privileges, and • aspire to the dignity- cl its ancient freedom. It us sia is aware of this truth, and i's, I trust, prepared to. act upon it. It indeed be absurd to offer any posstive predictions in these times of strange vicissitude. But, as far as we can collect; there seems to he but one mind throughout that vast empire, from the highest to the lowest. I believe indeed 'dig they have bent every nerve' for action ; that they have summoned up every , purpose of, the heart,to encounter,this mortal truer-' geucy ;.-that they have sworn upon the flaming altar ofthe- ruins. of - Moscow, -eternailiatred to the ferocious invader and his merciless satellites. And .the . hatred of such a people is a terrible . hatred. The vengeance which follows such crimes is' too hideous to be contemplated Perhaps we arereserved to, see tO what excess the fury .of a brave and insulted people, pushed even, to extra vagance bv every generous mOtive, istcapable of carrying the frightful work of retribution. But whatever may be the success ." of this contest, as • - great part of it at least must be_ attributed to our exhortations, crowned by our. example, crowned by our 'efforts under the auspices of Moore„ot - Grahain; and -Of This 'is no common distinction, G&ntlemen. It is no _ordinary privi lege to be thus selected as the guardians and as- se t rtors of liberty, to, be thus placed in the van of the battle between the two great principles of good and evil ; that by our voice and our example we might shame the spirit of the, slave, and give . strength to the feeble ; that the enslaved nations :of Eurcpe, starting, as at the command of segue superior genius, from their slumbers, may succ'es sively arise to re-assert their ancient possessions, and 'resume their lost honours.. j trust that we are worthy' of this distinction. I venture to . pronounce that Ave shall not be found wanting to a vocation, so full of glory ; that, throughout the whole extent of our empire, we have made up our inflexible Minds, that in this mighty struggle, we are determined to shrink froth no danger, but that of disgrace; from no sacrifice, but that of the hope of ;Europe ; ,that we are resolved not to yield to our arch enemy in perseverance and enter prise, but to prove that we can rise by the farce of virtuous; motives to the same elevation to which he is exalted by bad_and malignant passions. If we are true to these principles, we are safe. If we are faithful to the career which is marked out for us, that career must terminate prosperously. I do not therefore despair. of my 'Country. 'I do not despair of Europe. On the contrary, I cherish . the warm hope, a hope which shall never be torn - from me, but by bitter experience, that we may yet be reserved by Providence to hold - an eminent rank among those favoured and heroic nations whose destiny it is to confer lasting benefits On.the hu man race, to break in pieces the rod of title op pressor", to achieve the deliverance of mankind, and to diffuse through- all ages the blessings of religion, of order, and orlibeily." , The men employed in repairing the roof of the White Horse public-house, Lon. Acre, yesterday,. discovered on thA roof Of the adjoining house, prt of a -human body, which had been coriceide4 iti the gutter. It now remains there for inspec tion, and due inquiry will doubtless be Wade into the :circumstance. BIRTHS. On the sth ult. at ,Manton-Howe, North Britain,. Mrs. Macdonald, of a Son'and Heir. On the. 27 th nit. at Horton-House, Bradford, Yorkshire, the Lady of George Carrolljun. Esq. of a Son. the 2qtb , ult. the Lady of Randle Wilbraham, Esq. of Rhode Hall, Cheshire, of a Daughter. Early on.Wednesdav Moraing, at Theobakes - Park, Herts, the Lady of . J. M. ltaits, Esq. of a Sen. At Shenley-bill, the Lady of John Mico•Win:er, Esq. of a Son. . • MARRIED. On the 27th ult. Mr. Ward, to Miss Ford, of St. James's street. On the-28th ult. Lieutenant W. White, of the 27th Regi, went, to Miss Matilda Margaret Strutt, youngest daughter of Strutt, E. of Sodburv. - On Saturday last, T. Prior, - Esq. of the 11th Light Dra goons, eldest son of Thomas Prior, Esq. of Water Castle, in the Queen's Coturry, Ireland, to Jemima, youngest daughter. of the late Tho Mas Dickson, Esq. of Prospect-House, South ampton. On Tuesday, at Chelsea Church, the Rev. Nicholas Carey,. A.M. late Fellow of Pembroke College, Oxford, and Chap lain to one of His :llaesty's Chapels oye.l, St. James's, to Harriet, 'widow of the late W. O. Macgregor, Major of tha. 77th .Itegiment- of Foot. . .