The Sun. — London, England, 1803-12-24 00:00:00

DL LTV, Sir it. CA . I.DP it's Squadron arrived safely in Ban. try Bay on Friday last: They consist of Four Sail of the Line. Their appearance had originated a report, which was extensively circulated yesterchiy, of the arrival of 'a French Fleet off Kerry._ _ On Saturday evening the Wicklow robber, Mi. chisel Dwyer, was brought to town by Capt. HUME, under an escort of Yeoman Cavalry. Thursday last, in consequence of a communica tion from Major Sim Captain LONGFIBLD, of the Philipstown Yeomanry, went with a small party to a house at Ballycommon, in which it was in timated two . noted Insurgents Were concealed, Thomas Wilde and lON ill'llfahon, both of Cork -street, in this City, anti for apprehending each of whom a reward of tool. is offered by Procla. — Matioll from Government. Finding from the situa tion of the place, having round the house' a parapet wall, and observing some men peeping over it, at the same time understanding that there were some deserters with the above-mentioned desperadoes, Capt. LONGFIELD judged the banditti were pre. fared for a desperate resistance, and therefore ound it necessary to send for a reinforcement, Which he obtained in Capt:iin Donosoiv, of the j4h Dragoon Guards, and some of his men.=— Upon the onset she Insurgents tired, and killed the last mentioned Officer, and wounded the gaoler of Philipstown : the villains who Iv+d been seen skulk. ing under the parapet wall, "it appeared, were armed ivith blunderbusses.; those that were in the touse.thsew out loge stones and. pierces of slates to m'noy their assailants. The Insurgents ut length, finding the place untenable,fied,and unluckily escaped by an adjacent bog, but it is probable will be short- IYapprehended. There was found in the house from Which they were routed a quantity of ammunition. tOMMOIv COUNCIL ELECTIONS: ttBTIRDAY the Polls finally closed for the fol. lowing Wards, when the Aggregate Numbers were— VARRINGDON WITHOUT. Messrs. Herring - 6eg 1 Messrs. Young - 4gt Shears - s 9( Nichols . 48e Hardin - • a l , LlBnewer - 486 , . Wright - 582 W. 1. Reeve 472 trantcombe ssB ?Ir. Harper -OS 3ouror. . s 4c , T. Reeve - 4 28 W. Brewer - ss o Newman - aithmln - 512 39 Robins - 3t* Dawson - 49: Butltit . 142 The Two !ay.:mentioned Gentlemen, have, of Course, lost their Eledion. . Mr. NRWMAN, we tmtierstand, is the successful Candidate in the room if Mr. P.darklS ; Mr. 13uasitt was the other new Candidate. On the conclUsion of the business, the usual mo. than for the thanks of the Whrciniute to Mr. Alder. man PR Ice, for his good conduCt. as Chief Magistrate of the Ward, &c. was made ; and also to the dlifcrent Volunteer Cotps, more especially the 3d and ,4th Regiments of L yal London Volunteers, and carried unanimonsly.—The motions wete made ,by Mr. "'Balt 1 NO. Messrs. ALDERSGATE% ( "'ret# 4 • 32Z Dilessrs. Dep. Rawlatt tor It. King - 2t5 Fistier 15.7 4 7 ; Dep. Aldridge ; A) I Dunkin - 154 king - 2c,S Denziloe - 150 Turner - 203 Dare - The two last mentioned Gentlemen have lost their tlettion.'rhe successful Candidates in their room ate lvlessrs. DUNKIN and TURNER. Motions similar .to those' above alluded to were, .on theclose of the besiness, made by Mr. Hoy Du AM, and unanimously adopted.—The Thanks were voted to Sir 3. W. ANDERSON, Bart. Alderman of the wards who expressed his sense of the honour con. felled upon him, in a short but pertinent speech. The lIt; fe of Two litishands is increasing in pub. no favour. Thar piece and Carlo gave a splendid appearance to Drury LunC Theatto last night. The Eng' lish Fleet was very" numerously attended last night at Covent GardettlTheatre. Whatever may be the merits of this piece inttinsieally consi r tiered, the Performers render it highly amusing.— lianxisse last night gave a ftile lesson to the vocal :.amateurs, and was admirably in voice. INcLTDON'S manly strains were also very successful, and there was a laudable emulation between Mtistoiiq and tLANCHAkb to enliven the comic parts of . the drama. During the perfotmance of the new Opera last night, at Covent-garden Theatre, an altercation • took place between two Gentlemen in the box'ad. joining the privato•boxes, on the left of tlie Stage. After some worth were exchanged one of the Gentlemen gave th other the lie, which insult Was instantly resented in the most efreaual man. net.. Some blows were given and returned, and consid era bl e confusion cr ea ted by the /was. Two or t h ree L a di ea w h o h appene d to s i t in the box, creamed so violently, as to spread terror and alarm throu g h the Audience e very part of the house , . The attention of e Audience WHO for sonic time diverted from the PCrfc ' u nance, and every eye diretted to the scene of in the mean time one of the Gentlemen re. ° P L O from the bOx, and solicited his itlveronry, who seemed equ a lly -anxious, but was . prevent— e° by the Ladies, to follow him. At length, however, he cont‘ived to get out, and a ring being formed, the eombat began. • it was not 'very ob. stinately contested, for the Gentleman who had given the Provocation proved<to be intoxicated, and un. able to Ilia' , the fight. Some: Gentlemen on this interfered,.and the atTray terminated in an ex. change-of cards. Quiet was then completely re. StOred, and the ireafortnance continued without fur. ther iigerruption. poring the residence of ELFI ,at Portsmouth, a Guard of lionour was allowed him. .1-le.embark. ed-on board the Argo on Wednesday night at eleven o'clock it not being customary to fire Salutes in the . n ight ? that ceremony was deferred till Thursday Morning, when a 'salute of seventeen tuns was fired.. his Excellencybas . been presented with a miniature !riming of Ht . i MAntsTV," set in diamonds. — 'tong other a rticles o . f workmanship,. has t a k en with him - a Fire.engine. Yesterd a y a young woman was knocked down in the Strnntl,' by a gig being driven against her, and fell nearly under the wheels of altacklity coach.— ne was much hurt by the accident. ,ti4ll l REPORT. COURT OF KING's BENCH, /12. 23. nr , ORE LORD T.LLZNISOROUCH AND A SPECIAL jur.y, IN GUILDHALL, LONDON. WOODCOCK 2'. DAVIS. THIS was an Anion upon the sale of Stock, sold upon the bubble of the sth of May last, on the oc casion of the Letter to the Lord Mayor. The arbount of the Steck was 20001. ; it was sold to the Defendant by the Plaintiff, anthransferred into the Defendant's name, but which he afterwards refused to accept, saying, he should abide by the decision of the Stock Exchange. It appeared .that the Defendant had. afterwards transferred Stock to the same amount to the Plain.: tiff, but the Witness who proved that, expressly stated, that the Plaintiff did not take that as saris. faEtion, but.only by way of security; and that the Broker told the Defendant that the Plaintiff would only accept it by way of security, and as such it was accepted. Mr. Gitattow contended, for the Defendant, that this was not like any of the Cases on which Plain. tiffs had obtained Verdias on Bargains made on the sth of May last. They were all Cases in which one insisted on the Contraa, and the other refused to carry it into died ; but here an application was made to the Defendant to accept the Stock; lie had said, he would abide by the decision of the House; that decision was well known, it was, that all Con. traits made on that day. were void. The Plaintiff then did not insist on. it. Stock was afterwards transferred by the Defendant to the Plaintiff,'Which he accepted. 'This ended the whole Case, and the Broker must have made some mistake about the Plaintiff having only taken it as a security, and therefore he submitted thete ought to be a Verdid fur the Defendant. Lord ELLESNOROUCII told the jury, that the only question was, whether the Plaintiff in this case really did accept this transfer o as a satisfaElion or only as a security. if he accepted it as a satis faetion, the verdict ought to be for the Defendant ; if he accepted it only as a security, the Plaintiff was entitled to a vetdiCt. Verdict for the Ylaintiff.—Damages 14051.. Upon application to Lord ELLENBOROUCII to certify that this was a fit cause to be tried by a Special Jury, his Lordship said he should Certify, because the question was of some difficulty. He should have had some difficulty in making up his mind upon it if he had had to decide it ; but if he had that difficulty imposed on him, he rather thought he should have come to the same conclusion. noi.mut v. SPICER. This was an anion of the same kind, on a sale of stock to the amount of pool. on the same day,, but not upon the Statute ; it was on the Common Law, to recover damages by reason of the Defend. ant's not having fulfilled his contraCt by taking the stock which was tendered to him. Mr. ERA I NE stated, that the MI of Parliament. which was passed in this case gave the person who had been datnnified two modes of pursuing his right, but it did not take away the remedy 'as it stood on . the Common' Law, and this action was brought on the Common- Law r -inaependent of the Mt" of Parliament. The Defendant in this case stood upon another law, the law of allegiance to the Stock Exchange. He had said, that he should' have no objeaion to fulfilling this contraet, if the Stock Exchange had. declared he should nor, by declaring all bargains made on the sth of May last null and void ; so that this attlitio might be con. sidercd in the nature of a- Writ of Error from the Stock Exchange. lie did not say this sarcastically, fur the Defendant was is member of a great body of men, and he was much in the right to bow to its tegulations, and therefore this action was brought fo try whether the Stock Exchange was that sort of department in the State which had a jurisdiction to exempt its members from the consideration of Courts of Justice. It then appeared in evidence that a Broker re. ceived from the Plaintiff on the sat of May last to . sell, 30001, in the 3 per cent. Consols this was after the Letter to the Lord Mayor had been pub, but the Broker had no suspicion then that it was an imposition. The Stock was bold to the De. fendant—the Broker gave in the ticket in the usual form to the Clerk, and while he was doing this, and the Clerk was preparing the transfer, the discovery was made that the Letter to the Lord Mayor was an imposition, and the transfer was not made. The Defendant said he would call the, next day. The Defendant said afterwards to the Broker he hoped he had not made the transfer complete. He said No, his friend was gone and he would call again the next day. The transfer was never completed, but the instruction had been given to the Clerk at . the Bank to fill it up, and on the discovery of the imposition, there was 'no transfer permitted to be made, but the Plaintiff was ready to make it ; however, finding the interruption, lie went away. The Plaintiff called again to know what the De. fendant meant to do in it, but he could not direttly find the Defendant. Three or four days, at a week afterwards the Plaintiff came again. The Broker asked the Defendant, Whether he would take his Stock ? His answer -was, As a member of the house, he conceived himself bound to abide by the decision —meaning the decision of the Stock Ex. change. The Broker knew what that meant, so that he did not require any explanation. The De. fendant had never since accepted it. Mr. Gin CS contended, that the 'Plaintiff could not possibly support this aCtiori - upon this proof, for the Stock was oever tratO'crred; and therefore the Piaietiff complained that the Defendant had not .ac. cepted that which was impossible for:'him to accept, for that he could not accept before it was transferred. The Plaintiff had never tendered to the Defendant this Stock for the nori.acceotance cif which.hc coin_ plained, oral therefore the Plaintiffought to be non. suited. Lord ELLENB9ItOIII said, that although the Plaintiff had never tendered the Stock, he was al ways ready and willing to do so, and it was ow in to the Defendant it was not done. This was what the Plaintiff alledged. He had proved all he h a d alledged in his Declaration; and if the objettion was weV founded, it vs aS UM) the Record, and it might b: moved in Court. Before he could nontuit the Phtintit, he., must see that the objection was one which ivOtild be cured by. a verdi& M r . GIB as asked his Loidship to save tke point lot him, and he did. His Lordship said, that the Plaintiffwas alledged to be, and proved to be, ready and willing to trans. fer this Stock. His Broker had given in the Ticket to the Cleik to make the tranifer, and it was in. terrupted by an accident. He was again ready to do ir, but the Defendant never asked for it. The question far the consideration of the Jury was, whe ther the Plaintiff was ready► and willing to perform his contract If he was, his Lordship was of opi nion, that was sufficient to suppnct this ease , an d to entitle the Plaintiff to a verdict. Whether the oblation was valid or not might be argued here after. Vetdiel for the PlaintitF, damages i Sol. being a loss of 6 per cent. COURT OF CHANCERY, DEc. 23. LUNATICS. A Petition was presented from a Gentleman named Howe, respetqing an Unfortunate Lunatic of the name of MAawoon, who resides .in Devon. shire. The Petition stated, that this unfortunate person was committed for safe keeping to the care of a committee, cr keeper,. %%11, instead of using the proper tn:•ans to conduce to his recovery, had allowed him to get intoxicated, and when remonstrances were made, refused to alter his con. dud. There were likewise some further allegations • in the petition, charging him with making, a wrong application of certain sums of money intrusted- to , him. It .was on these grounds the application was made to discharge the Committee from any further controul over him. The CHANCELLOR, after hear. ing the mat tors in the Petition, iliretted that he should be removed ; and observed that it was.highly neces. sary that persons having the custody of unfortunate lunatics, should demean themselves faithfully and correaly. With respea to the charge of misappli. cation of the monies, it was ordered that it should be the subjeCt of consideration on a future day. Thursday last, Matthew Miller, John Pugh, Thomas Selwood, and Paul S'althery, with several Porters, underwent a lung private examination before the LORD - MAY.OR, charged with hav_ ing stolen wine and liquors, to a considerable amount. ,These men, as • well as the wives of some of them, have been in custody for, some, days past, and underwent private examinations, since which both Salsbc'y and. ,Se/asaad have solicited to be admitted evidences, which, his Lordship hath admitted, and they have made a full dis. covery. The particulars are, that . the Prisoners, Miller and Pugh, were .colourmen, or porters, to Mr. WiLD, an eminent wine-merchant, in Martin's. lane, Cannon -street, and Selavood was one of his carmen. These men had entered into a Cornbina, tion to carry on the wine and liquor trade on their own account, which they have dune for a consider. able time, and furnished their customers from the cellars of their master. This was suspetted so far back as September last, and hints given of it to Mi. WILD.• At last, a Mr. PAtitsu, who lives facing the htiuse of the Prisoner .41/i/lee, waited upon Mr. W. and told him that he had. reason to stoned his colourmen and porters had robbed him, for he. understood, for a long time, that and,Pugh were wine.merchants upon their own account, as they constantly employed the Prisoner Sohbaay as their porter to carry out baskets Anti hampers of wine. He was surprized to be informed they were only cellarmen or wine coopers, to Mr. WILD. He had seen the Prisoner Selrwocd stop his cat tat the door of Miller, with. pipes of wine in it, which they used to broach, and draw off two or three pails full at a time, and drive off again. /14//es'a house is in Half Moon_alley, Bishopsgate.street. Vitas like. wise come out, that these.prisoners used to dress like Gentlemen in the evening, and gained admit., tance to clubs and societies, where they gave it out that they had a smuggling cutter in constant employ,. and could furnish public-houses with wines.of the best duality, at a very reduced price. They constantly sold wine from 235..t0 30s. a dozen, which Mr.Wi4s sa y s .was worth three and four pounds. , A certain Publican, near Broad-street, Bloomsbury, only gave them as. a bottle. for all they sent him, some, of which was choice wine worth 1.29. a bottle ; and, according to the evidence, they used to steal twelve dozen a week.. It is said Pugh has soot, in the Bank. From the exertion of Crab, the Officer, on. der the City Marshals, all the Prisoners, were appre. hended.• He found in each of their-houses plenty of wine, &c. Miller was fully committed for trial, but Pugh was temnded for further examination. Sekvood is detained as . King's evidence, and Sal t _ her), who ailed as their porter, is. admitted to bail, to come forward at all times when wanted. Two other porters, belonging to Mr. Sinn NUR, Di st iner o ne a r Whitechapel, underwent a private examination, on suspicion.of leaving the gates open, with a felonious intention, in the nighttime ; the particulars have not as yet transpired. Mama' Williams, examined the preceding day, on suspicio6 of an attempt to commit a robbery, was yes. terdaY again examined before the LORD MAYOR, when he deettred that he was a tide-waiter at the Cus. tom.houses A person was sent for who identified him as being a tide-waiter: The• Loan MAYOR ob. served, that the conduit of the Prisoner was such as would not be tolerated ; for any dishonest person might stop people in the street, under pretence of being Officers of the Revenue, and plunder them. Ire, however, should 'discharge him, with a caution to beware bow' he trespaSsed upon the Lows again. His Lordship diretled him to make recompense to the Porter whom he had stopped, which he did, ar4d was discharged, Thurialaysnighr, at dettk, as a little boy, about nine years of age, wasseroasing the top of Bridge's. Street, Covent-Garde it, with a bundle under hi, Aral, containing some shirts and other articles, a man came up to him, under pretence of asking hi s way , and snitched the butalle from him, with which he ran off, through Martlett_court, but being closely pursued, he dropped the bundle in the Court, near flow -street, but eicened his escape, though a maw. her of per Sons were parting at the time, Dec. to. WE have a'ready adverted to a new system of finance, of which the disenssion seriously occupies an insatiable Tyrant and his wily Counsellors.- 7 The Coisican calls loudly for the angmeotalion of the indirect Taxes ; the extensive p ro d uce o f which, easily evading official inspetlion and corr. troul, admits of great vexation to individtids, as well as the most clandestine praAices on the wher hand, and favours unjustifiable transaelions, the r:.. stilt of Which may be 'very convenient to the f4rri:y l of the Despot, as furnishing additional means fot supporting their unbounded ltotury. Hoivever, the Economistes have presented Memorials to ob;ain an augmentation, merely of those impoits which al_ tach to the produce of the soil. What will be the. consequences of , these violent 'discussions ? Tint both the dire and indired Taxes will be suddenly augmented, which will bring an accretion of di tress and misery, as well upon the Towns as on the Country. This will ensue in Paris, mere cially where the contrast which exists between the, extreme distress of all those classes whom the pro. fusion of Government does not reach, and the sc a n. dalous opulence participated by all those who are• its favourites or its slaves, prnent's syturoms froM which the Nation revolts, and which shock the feeling Observer. What becomes of all the eontri. butions torn from the Conquered from Tributary Powers, such as was to be e)vdect from a Government, justly 'execrable in consequence of its excessive exaelions ? It was lately proposed, to answer a itiiiden of which . we • know not the nattire, to • issue Bills' payable at 20 days, without further tiotice, by the different Treasurers of the Departments. Scarcely . were they in circulation than they experienced depreciation of 7 per cent. The Receivers.Generat were also required to give bands for the amount of the sums produced by the side . Of Louisiana, and to content themselves with offering the guarantee of the Treaty which secures the cession of that Conn, try to America. It is true that the Government have consented to lose 25 per cent. by the transact tion, which will nearly indemnify the Receivers. General. Those who have accepted the conduet, the new projeet, find them s el v e s so i nvo l ve d i n the embarrassments of the Gaverntnent, which has im posed upon them the hardest terms,. as Certain.. ly will entail ruin upon them. It would appear that the Usurpei• wishes to .sur. round himself with perils, and as if by an inevira.' bit destiny he • was precipitating litnself towards. his ruin, he alone seems blind to the dangers which' threaten him, that his whole system totters to its fall, and that the general hatred is even participated in by some of his own partizans. No extravagance can equal that of the idea of his promotion of Gene_ rats, at the head of which is placed the tinselled squadron of the . Aids.de.eamp of the Consul, of whom the most' distiuguished would be too hig!ly henoured, .and extravagantly recompensed by tin: title of Chef-de. Brigade ; and in otder to heighten the contrast, all those arc excluded who have servel . under the Generals %% hose names arr held in highct' estimation, by real Miiitary julg,:!4, than that of:Bw. NAPARTE. At least, AVG P.R ALY is cited as an in stance ; they insist that lie has been dis:;taced titer than favouitd, and it is :Idled he has purcluscd his Command at the dearest . rat.:. MAss a NA, after six months 'of ..courtly.cOmplakance,lias contrived to be placed on the list of Generals in favour, and to he appOinted to dirt:B the I.),cent o:: Ireland, Ile stipulated for the number of men to he employed on Mot occasion : he wet; at first offered is,coo men ; they afterwards went as fir as 2.5000 ; bllt he required 40,003, and in consequence was struck off the list of iteti ve Generals. fe'vk days Since, the First Consul, in an addres4 to WS Privy Council, observed upo n the pressing necessity felt by their Government for money; and proposed the following as an outs Inc of a temporary financial project :—That every individual should pay a franc per month, as an extraordinary contd.; hution, until the embarraisments of the Government should he at an end. Hip auditors were silent, un til length BAR BE .MA114(111 ventured to say, that the Projed resolved itself into the syitim uf other imposts, in which the Rich paid fur tie Poor, and he could not see how the means suggested could add a resource more easy or more prompt. The CONSUL replied, he would cons id er o f t h at objettion, and renew the proposition 41 a MI CPUS]. cil of State: On Sittirday evening last, about four o'clock, an al a rm, was given that the Cotton Mill in the G bale of Glasgow, the property of Messrs. 111'I4o. °ART, was on fire, and soon afterwards the flames. burst through the roof, the accident which occasjon, etl the calamity having taken place in the upper floor. The Magiitrates bath of Ghtsgtiai , and the Gorbals, with the city engines, immetliateiy, repair. ad to the spot it was evident, however, that there was no . hope of saving the mill, as thefire, from the inflammable nature o f the materials with which it was fed, had attained a great height, and sent forth, volumes of flame illuminating the whole , atmosphere around to a great distance, and presenting an awfully stiblime speetacle. The wind blowing strong front Ate North, and several thatched houses, commoni. caring with another Cotton Mill, bring in the up. posite direction, the principal attention was direCital to prevent the fire from spreading in that (patter. About seven o'clock the fire having made its Way through She rower fleas, was cont.. ed within the walls, of the original building, and the apprelteriaiOns of its extending farthet ceased. It still, however, continuer to hurn till about one ti'cloek on Sunday Morning, when, the front wall fell forward to the street with a ttemenduous crash. An unfortunate boy was killed on the spot ; another avo So severely wounded, as to be still in great danger, and several persons were much bruised, in which number were twtoof the soldieri on duty. Two or three people, we understand, .are••• still. missing. The back wall fell in about five o'clock in tile morning. The premises, we are sorry to learn, are ordy partially insured. Early on Thursday morning, the Warelvnise or rinhon-weaVer, in .Wood.street, Cheapsitht . ; was robbed of several bales, of silk,amount,to,the amount cif aboUt 3001. O n e bale was picked up in. Wood. street, by a watchman, ab.ntt five osc!i2l'.{. ~; ~`~ a ~~