The Sun. — London, England, 1819-07-20 00:00:00

4'i"'"; that he ever authof isett ;he deienilmt, Tryhoolt, to sell, pawn, or Mult, the gold plate, hilt that lie told him to dept.sit thew with a 41 - wer , mith. That he believed the defendant, Trip had been deceived by the person whom he had entrusted with the gold plate. That Triphook had informed hits, that he had deposited the !dile with a silversmith, in the neighbourhood of Lin coln's inn-fields, and that he had lodged it in a binking-house, brit that his Grace was ignorant of the names of the silversmith and banker; that Triphook had informed. him that the silversuitth nas gone to ‘Vales, Yorkshire, or elsewhere in the country ; that having heard that some of the plate was offered to be pledged hnd for sale, be applied to Triphook on the subject, who informed him that it was without his sanction, and that he had taken it from the person who had so exposed it ; and-that he (Triphook) had the gold plate then in his possession, and that he would on a certain da-y return it to lilenhehn, but which he had neglected to do. lie admitted that lie had raised the sum of 12 or 13001. on the gold plate, but denied that he had ever ordered it to be olfa ed for sale to Mr. Guest or Mr. Robert Albion Cox. Believed the gold plate was presented to the great Duke by some foreign Potentate; &- flied that the plate was in danger of being sold by him ; on the contrary, he most anxiously wished to preserve it according to the will of the Noble Testator. VICE..CIIANCRLLOit—" b the Defendant 'Lip hook a party to the stipplementary bill? Sir A. PIGGOTT answered in the The Vice.CitaNcp.t.tott—‘• I ant considering, Sir Arthur, how I can reach this case. Let toe plate, spoon, knife, and fork, admitted in the answer to be in possession of his Grace, be de livered up. If the Defendant his been served With a notice of the injunction, which I sivose he has, I can make no further order as it respects him until he puts in his answer. You had better, on the facts contained in the answer of his Grac, amend the supplementary bill, and insert in it the clause of the will which gives the trustees the control over these articles ; I think at present 1 can do no more ; certainly the person who is en tided to the rents and profits of the Marlborough Estat6 will 'be made by this Court to repla.e whatever articles are missing, but I cannot ItHke at , older to that effect as tie bill is now framed. My order then is, that his Grace shall lodge, with the Master, or with the banker of the Earl of Shaftesbury, the articles of gold plate which he admits to be in his possession, and that the Plain tiffs amend their bill, without prejudice to the in junctions already granted." COURT OF KING'S BENCH, JULY IL ASSAULT. THE KING V. PIKE. This was an indictment against the defendant for an assault upon Cliarlts Giecn. Mr. Gurney and NI r. Adolphus conducted the proseciiiion, and Mr. Andrews and Mr. Chitty the defence. The ca e, as it appeared from the evidence on both sides, was in substance this :—The defen dant was floe of the Wardours of Smithfield market, whose duty it is to keep the passages of the market cle,r bolo the interruption of cattle exhibited fo r sa le, and confine them within certain bounds, to prevent inconvenience to foot-passen gers. In the mouth of October !H i st, a boy in the market had liven employed by the owner of a horse to rile him up and down, and in doing so he got out of the bounds ; upon which the de fenant took the boy off, got up himself, and rode off to the Green•yard. The lacy, not know ing the defendant's offee, cried out, " Stop thief !" and a crowd being collected, the prose cutor, and another man named Beechy, both City Constables, pursued the defendant, and came up with hint at the gateway of the Green-yard, w he n an altercation ensued, Which ended in the de fendant raic.ing his stick to strike Beechy a blow, which the latter warded off. The defendant then went into the yard, and having got off the horie, Seized Green by the collar, Shook him violently, and at the same time used very violent and abu sive language. The other officer was afterwards handcu fie d and taken to the Ciampter. _ The tleteuee w.is, that the prosecutor had com ntitted the first assault ; but the evidence adduced *emelt to confirm the prosecutor's case. The Jury, under the Learned Judge's directions, found the defendant—Guilty. THOS]PSON V. LACEY. This action was brought against the owner of the ;Margate Coffee-house, to recover the value of a quantity of wearing apparel, detained by the Defendant under the following circumstances : Some time since, the Plaintiff, accompanied by a person of the name of Gibbon, set up at the De fendant's house. They messed together, and at their own request slept in a double-bedded room. They retrained at the Defendant's house for three months, at the expiration of which period, when their hill amounted to 401. they went away, the Plaintiff's property being left, as part security for the debt. They staid away for three days, when they returned again, and took up their residence with "Mendota for a short time, after 4vhioh they Jet; the Coffee-house all together, the 1)31 tentaiu iug unpaid. The Plaintiff soon afterwards sent for his clothes, &c. tendering 251. for his portion of the bill. The Defendant refused to give up the property, toilets he was paid the entire hill, ob serving that it was all one demand. The Plaintiff contended that he teas only liable to half the debt, and that the 251. which he had tendered 'afore than covered what was due by hint, He therefore brought the present action to recover the value of the property. The CHILFJUSTICE expressed . a doubt, whe diet, under these circumstances, this could he cotr-idered other than one entire demand. The Plaintiff must he nonsuited now—hnt tvoulrt give le,ve to move the Court to set that nonsuit enter a verdict for the Plaintiff, shoul ) 1 tl:e Court he of that his directions were strong.—Pla int iff non4uited. COURT OF COMMON PLEAS, 3t.71 - .Y 13. AssAuu .1.7 , ;1) FALSE IMPIZNONNIENT. AMBROSE V. ANSTICE. This wits RI) HetiOD for assnillt tti)(l false impri soranew, stated in the declaratiou to h*ve been committed by the def.7ndaut, upon the plaintiff . , ripon their voyage front India to this country. Mr. Seijeant Iful.LoCK optned the ple a dings. Nlr. Setjetant VAUGH AN stated the case. The plaintiff was, he said, tr - Lieutenant of the t oth re giment, and had served itt many campaigns in India, front which country his Physicians found it necessrry that he should he removed in conse quence of the bad state of his healtb. For this pnrpnse he took his passage on board the !lent y Porcher East Indianian, of which the defendant was Captain, and having paid the sum of 1760 rupees (about 2201.) bad the privilege of abiding in the ctrddy. Betnre the ship reached St. Helena a dispute aro•e between the plaintiff and defen dant, which terminated in personal violence, and had nearly terminated fatally," 'cite quarrel, which w..1.,1 OCCaSiOIR:d by sonic unfortunate error with respect to the conduct of the steward, pro dared a challenge from the plaintiff to the defen dant, nit:ch was acted upon in the island, by a discharge of three shots from each Side. Time in terp.si;ion of the seconds prevented any further experiment of skill, and the matter having been considered amicably adjusted, the vessel advanced upon the remainder of her voyage, which was, ht,wever, rendered exceedingly injurious to the 11,alth and feelings of the plaintiff. A young Gentleman named Warton, of literary, acqttire ments,.who was a passenger in the ship, and had witnessed the dispute, a rote a letter, aninrad vt!rting upon the conduct of the attendant, but tore it in compliance nith the request of the p hi oh fl, who're enetosity would not allow any reflection to be cast upon his kintagomst. Ihe disposition of the defet:dant presented a most ex traordinary contrast, for that Gentleman degraded himself by pirkiog up the scraps. and reading the contents, slier tshich he interdicted the writer, who was a charter passenger, the privilege of walking the quarter deck. The plaintiff, ,between whom and Mr. %%Tartu° an intimacy subsisted, h av ing observed that indignities were thrown upon his friend, invited that Gentleman to his cabin ; and this invitation gave rise to the conduct which the witness would prove to be oppressive and tyrannical iu the last degree, and which loud ly called for heavy. daniages.—The following witnes,es were then called : William Johnson, a sailor on board the Hem.) , Porcher, deposed, that in the month of April, four or five days after the ship lad left St. He lena, he received orders from Mr. Wallace, the I,t mate, to get a cutlass and stand sentry over the plaintiff, whom the Captain ordered to be confined to his cabin. Witness told the plaintiff that be 111113( confine himself, for it he (witness) did not obey the order he should get three dozen. —Witness was attended by a comrade, who was also armed with a cutlass, and bad orders to the sante tflect. They were relieved by two others, and the imprisonment lasted till they came to this coast. After the plaintiff had been confined three weeks, he was allowed to walk the decks from 7 till Sin the evenings, guarded-by a soldier. The side on which he walked was the lee-side; the other officers walked on the other side. Cross-examined by Mr. Setjeant COPLEY.— There were several other officers ou board. The sentry who guarded hint did not walk about with hint, fir that would he tiresome. J. Ryan, a passenger in the Indianian, beard the defendant give orders for the plaintiff's con finement. The plaintiff's cabin Was very small, there being scarcely room to turn round in it, and the weather was extremely hot. There was a aperture in the cabin through which the air was l e t in , but when there came on a breeze, that aperture was necessarily closed, to prevent the sea front beating in, and the place was in total dark ness. The plaintiff's confinement commenced the Sth of April, - and on the 9th of „June, wheti the ship arrived at Portsmouth, it terminated, the Lieutenant havitt , ,r been attended to the gangway by his sentry, a nd from thence landed with the other passengers. During the first week of the plaimiCs confinement he had been treated very badly his diet was sent to him in one plate— fish, flesh, fowl, potatoes, and other articles, and no cloth was laid for him. Before this he used to dine with the other officers in the cuddv. At. ter the first week, separate plates and dishes were sent to him. Claret was allowed to the ,caddy passengers. Plaintiff was allowed red wine, but he could not tell of what kind. Cross-examined by Mr. Sergeant BOSANQUET. - Plaintiff was allowed Madeira and brandy ; a snail complement of the former. Never knew IJim ask for any. A part owner (.1 the Indiaman stated, that he understood from the thfendikili that he had re ceived 2201. from the plaintiff for his passage.— It was a small price for the voyage from Bombay, but the defendant said he had accepted the re duced fare in consequence of the recommendation of a mutual friend. The defendant also said that the plaintiff had come to this country in conse quence of ill health. - Mr. Sergeant Comm.- 7 41e never said the htalth had suffered by the voyage. Mr. Sergeant VAUGHAN.—Not Per haps it was improved by it, the treatment was so gentle. A letter was then put in and read. It was from the defendant to the plaintiff, and stated, that as the letter had acted in defiance of orders, and in- Sti!zAted another person to do so, he was to con sider himself under arrest and confined to his cabin, front which the writer forbad him to pass. The note was dated 7th April, 1819. This closed the evidence for the plaintiff. Mr. Sergeant COPLRY was surprised that his learned brother should call this his case. The body of evidence to be called upon the part of the defendant would prove, that Captain Anstice was justified in original design, though perhaps not in continuing the imprisonment of the plain tiff. He dwelt upon the example which' the vio lent spirit of the plaintiff and Mr. Warton was holding out to the crew, and represented the ne cessity that a Captain should have a great control on hoard, in order to protect the properties and lives of those tinder his care. The learned Coun sel admitted 'that the Lieutenant, Audios, was entitled to damages, but be deckled that those damages should be merely nominal. J obi) Watts, an officer on board, stated, that 11 r. ton was a charter -party passenger; and that the Captain bad given orders, on the 7th that he !should not he allowed into the steerage. On that day, however, the plaintiff in vized Mr. Weirton, saying to hint, " Follow me, now, and let me see who will stop you." The two Gentlemen then went into the plaintiff's cabin, and witness reported that orders bad been. broken to the chief officer. The crew were not very orderly at the time. Terence Kavanagh, steward to the Indiaman, saw the plaintiff and Mr. Warton walk into the steerage together. Richard Wallace, first officer, stated that Mr. Warton was allowed to mess with the midship men, through his application to the Captain, .and in consequence of d quarrel 'requested to be al lowed to mess between decks, which was granted. subsequently a message was seat by one of the officers to him not to go into the steerage. When the plaintiff indaced Mr. Warton to violate the orders, two messages were sent to hint by the Captain, but they were treated with ridicule and coweinpt by Lieutenant Andros, %rho wrote to the Captain, " Yon may imprison me, and deprive me of the advantages for which you are paid ; but 1 will not be imprisoned except by force." This witness said the diet of the plaintiff was ai good as possible. A letter from the plaintiff was put in, which spoke of the ill effects the confinement had upon his health, and requesting some mitigation of the defendant's severity. It was then that the plain tiff was allowed to walk the deck upon certain conditions, with which, however, be did not vo luntarily comply, and in declaring that he would not do so, he assured the Captain that he should have recourse to the law. Cross-examined by Mr. Serjeant VAuGuAst.— Plaiptiti appeared to have what other passengers had, and what be asked for. Scrjeant VAUGHAN.—}Iad other people meat and nodding on the same plate ? Witness.—l had not, nor do I believe that be had. Mr. \Varton complained of the language in the mess, and was at his own request removed. The discipline of the crew was not good, bat wit ness did not impute that to Mr. \Vartou. Several Officers, of high rank in -the East India Company's service, stated, that the Captain did not seem to be influenced by improper motives in confining the defendant. Lieutenant Ilabington thought indeed that Mr. IVavton was not fit to be associated with by the Gentlemen, because be happened to be a charter party passenger. Mr. Sergeant Vaughan Lad some amusement with this witness, The CHIEF JUSTICE summed up, and after some severe comments upon the tyrannical conduct of the defendant, left the case in the hands of tEe Jury, whom he besought to consider it dispas sionately The Jury immediately gave a verdict for the plaintif f —Damages 5001. FRANKFORT PAPERS. Frankfort Papers to the 12th instant, and other German . .Journals, arrived yesterday evening:— The following are extracts : " AUGSBURG, JULY B.—Acconltits from Berlin state positively, that a Constitution for the Prus sian Monarchy will shortly be published, and that the necessary measures for carrying it into effect are already- ar advanced in its chief points 5 it is said to be entirely the work of the Councillor of State, Prince Hardenberg. We h av e always expected that the decisive step would come from hint, for it has always been the great (111::of this distingnished S tatesman to see a nd : o t more promptly than any other what the times call for. The leading feature of such a work must, indeed, be drawn by one person ; the details may be left to many to fill tip. Very little is known of the contents and tendency of our fu ture Constitution ; the opinions, or rather con-, jecture, on the subject ate various, but we be lieve that the spirit of it may be pretty accurately presumed from tLie answer made by the Prince a year and a half ago on the Rhine, to the Deputies of Coblentz, in the - discussion of the remarkable address, - and in which the most liberal sentiments an d views are evident. We shall not unnecessari ly •quharass our Constitution with feudal rights an d t he like, after they have been for • the most part so happily got rid of ; as the representative system will be able to develope itself in all its energy and purity, the inediatised Princes and Counts will not be in the way, : Attempts have beets made, both by Convention and by Public Journals, to give the public false notions about ths Constitution in Prussia, attributing sometimes to one person, sometimes to another, preponde rating influence either in retarding or accelerat ing it, All those and similar reports are contra dicted by our accounts, which appeal to the fact, that a section of the Council of State, with Prince Hardenberg as President, has long been appoint ed to draw up the Constitution, and that, there fore, the whole has to take a regular prescribed course. "'LAUSANNE, JULY 6.—Tbe embarkation of the Swiss Colonists, destined to people New Fri bor,,, in the Brazils, took place at Estavayer on tie 4'h of this month. It was a most affecting sight to see these 2373 persons, of both sexes and all ages, quitting for ever their -native country, amidst the cries and despair of their relltions.— An immense concourse of people was collected at Estavayer to witness a scene unparalleled in our annals, and which, doubtless, will be the only one of the kind that Switzerland will be--condemn ed to furnish. ' t BERLIN, JULY 6 —On Saturday, the 3d, the performance in memory of Kotzebue took place, as has before been done for Lessin, land, Koerner, and the actors Flack and M'rs. Bethmann. Mrs, Setif-neck, in the character of Germania, spoke the prologue with great preci sion and feeling ; towards.the end of it she was accompanied by music. , When the prologue was canc!uded the curtain was slowly dropped, and !he representation of Herrmann find Thnsinelda ended the ceremony. The receipt, which is said to amount to near 1,000 dollars, was for the i.vidow of the deceased, and will be r‘cul:ted to her. LONDON MARK PRICE OF BREAD THIS WEF... ca rbo4 rh'e t►igFest price of the best Wheaten Bread ibs J• the Nietrupolis is stated by the principal Bakers to br Log the Quaitern Loaf—Some Bakers sell the LlLl , i tg ‘ H from Ulle penny to tw•o-pence lower. 111• o lb. oz. A, 4 Peel; Loaf to w•ei}h .. 17 ti Quarter n Loaf to Half ditto.. ditto sll Half Quarts:in ditto •-• • PRICE OF HOPS, pet_rwt, y 17.• New Bags. New Poeliet s ',. Kent 51 Os to 01 Os a 6110 s Kent..6l us a 6l 135.t !vi Sussex ..41 lOs aOl Os a5l l-2x Sussex 51 I6s 61 04 l' 4 o Essex..... 01 Os to 01 us i Essex 61 Os 01 Os t 5 Farul;:un, second, 71 Os to 81 Os—fine, 0 Os to 91 ° 4 , iForeign Pockets, s Os to 80s—s.—Duty, 130,0,$)1. , i• Red Clover (Foreign) - • ° ss ~ Ditto I4:iglish —s 40s to 7 , 2 s White ditto Rye-Grass . - Turnip, White , Red and Green White Mustard Serd its Os to 1 Is 01.1 Brown ditto lss Gd to 20s (hi Carraway Seeds (new) Cinque Fuin sos od to .70, Oil [ter 4 r ' z Coriander du. Per ea' Trefoil - .. ltibgrass .. . Canary Linseed Oil Cake at the Mill, —1 -s to 161 169 P er odits sand—Rape Seed, 361 to 401 per Last.—RaP e L 1010 s to 01 Os per ton.—Tares, 9s to 14s per 120" SEEDS. NEWGATE AND LEADENHALL MARKO'S' By th.: . Carcase. 4 0 1 Beef 3s 10t1 to 4s to. I Veal 4s 4d toy; 91 Niuttou 4s 4d to Ss 00 Pork 4s 4 d to Lamb, 5s 0,1 to tis Od. NT JAMES'S HAY MARKET, JULY l7' 40 6 1 Hay 6l 6i od to 71 7s Od-Average, 61 '. 4 0 6 :O 11 as Od to 3i 9s Od-Average, •-law os ii- 4 Ciover Ol Os Od to 01 03 Od-Averagcy 0' WurrECHAPEL HAY MARKET. 5 10 Hay 6l I ° pi 6i Os Od to 71 Os Od--Average, , 0 , , New ditto Straw 2l His Od to 31 3s Od-Average, 21 a 10 5 Clover 7l Os Oil to 8! Os Od--Averal;e, 71 _./ RAW HIDES. 0 1 Bost Heifers & Steers, per st. Ordinary ....es od t° :: Qi 9.s 841 to Us 0,1 Market Calf .. each • • 0 01 Midillings 'es 4d to Os Od Eng. Horse Qs Od to SHEEP Polled Os Od to os od Downs Os Od to Os Od , SKINS. ai 1 4i Shearlings l2d to pi Lambs 2s 04 tu Ss —•-• 911 o t PRICE OF LEATHER. Botts, 50 to 56Ibs each per lb istl -- A # V Ditto, 56 to 661bs each ...... ............ —2:3d t" 0 17 i Dressing Hidei I id A td if Fine Coach Hides 17d 4 i r Crop Hides, 35 to 40Ibs fur cutting . 15iii I ..ul , Ditto 45 to 50Ibs Calt Stsios...o to 401bs -22(1 -0. or bit )itto 5O to 7011 is 2Bd ", 'iii Ditto_ 7O to bOlbs e gd to - Small Seals (Greenland) 20d to ;4 Large diZ to Tanned Horse Hides Spanish Horse Hides l6cl to g_.... PRICE OF RAW FAT, p As stated by the Tall. Metiers. St. James's Market .. Ss 10Id j Whitechapel Market 3s 10Id er Stone of Slb.—JoLY A slated by Ha 131 1049 04 St. James's Market ..Ss 2 0 Whitechapel Market . 33 I L,' Clare Mail:et ... ..0s OS Sewgate Market .. • •°', l 4 Average.... 3g 1. Average PRICES OF TALLOW ; Town Tallow 67s 6d —3 od Yellow Russia 66s Od —s Od White ditto .. 62s Od —s Od Soap ditto.... 63s Od —s Od Melting; Stud' 54s od —s Od Ditto Rough.. —s Od 34s od , SOAP, &c. per i iilb• Yellow Soap g5 O Mottled.... Curd Graves 2 45 Good Dregs --. • • PRICE OF CANDLES, from Tallow Chandlers' Hail• Price of Candles, per dozen, 12s od—Moulds, 13s .62--6' dozen allowed for ready money COAL MARKET, JULY 19. Ships at Market. Ships sold. price. 4 1, 9 Newca5t1e............. Si gtl. 4 Sunderlaod .4 . 31s. 6d. to 4°s'_„o Another of those misfortunes whiat too oft e(l . o occur from inexperienced young men going 0 " 11 0 boats alone happened in the Wanr;sworth Rea d! on Sunday evening. A party of four ,youths 104 been up to Kew-bridge, and on their retort ) P t t dusk the boat was inn against a fishing-boot 01 : 1 1 sunk. Ttvo of the youths, named Roach 5 _,„ 1- 0 Letherige, the latter of whom is a printer's A w s in Alarshall-street, S. James's, were drovro' the other two escaped by swimming. BIRTH.,.CO li On the 14th instant, the Lady of Henry Hey lyn, Est vender-hill, Battersea, of a son. MARRIED. P e ' Yosterday, at St. 'George's, Hanover-square, the H00•_.44, dcric Sylvester North Douglas, only son of Lord Glenlvo7;, 0 end I.Y.N for Banbury, to Harriet, eldest daughter of Wik i W rightson, Esq. of Cusworth, in the County of York. DIED. htli On the 15th instant, at Kensington Gore, in his c i g year, John Thomas, second son of Mr. C. Battye. Well - Yesterday, after a short illness, aged 22 years, Mr. Ire -- ' 4 4, Henry Read, second son of Thomas Richard Read, .E4' .lohn-street, Pentonville. .L.... PItOVINCI AI, BIRTHS, MARRIAGES, AND DE0145. Lately, at Bath, the Lady of the Rev. C. M. Mount, of a ' daughter. A of Lately, at Reybridze Cottage, near Laycock, the 1. 3 4 Captain Seymour, R.N. of a daughter. Ael On the 14th inst. in Dawson-street, Dublin, the L a.., Randal M'Donnell Gibbons, Esq. of a son. MAMED. 1 C 5 ' Lately, John Bellard, Esq. R of Co bridge, to Eliza, C- d% daughter of Mr. John Simpson, of Clifton. • Lately, at St. 'Michel's Chureh, Bristol, John Thorne,",,,;' of that City, to Ann, second daughter of the late'Cbar'"' Sp O encer Van Straube. Esq. Yorkshire. n Tuesday last, at enze Shetfield, the Rev. P. Wright, of SP.„Is C ", House, Stanington, to Eliza, eldest daughter of Mr.. 1117 Bramhall, of Shellield, merchant. DIED. Lately, at Tiotingham, Mrs. Story, relict of the late . I ° l ' l4 Lacock Stor, F,sq. in the 75th year of her age. 9 11 On Monday se'nnight, after a few hours illness, ag ed Mr. John Barkt r, grazier, of Sdi'shy. OwFriday sennight, on his way from Leamington, M r. °. Merreilleux, surgeon-apothecary, of Stamford. On Saturday, se'imight, as Mis. Appieyaid, of Halfagt,Wi_;fl; of a hawker of cotton goods, was returning from Leeds "':: she was suddenly taken ill, and though medical assistance l' . , instantly procured, she expired immediately. W' lli° On the MI) inst. at Guishorough, Yorkshire, ' Coning, one of the Society of Friends. _.—....."3 LONDON: Printed hy .1. 13. CARSTAIRS, of N 0.299 t" -t , 01.1.1.1. d-street, (Oaten-square; and published by • SCRIITS, M No. 7, South olton-street, at le - fit o;:i,c, No. 112, Strait.' ; bylicru Advertisements,Ltlturs, iPoit-liai4) f ; , i i `T . Q ~ siv ) ‘(.)