The Sun. — London, England, 1803-12-21 00:00:00

N,ird L NEWS. '1 FINK the Lo,vogN u.szArrE, Dcc. 2., is.j. Admiralt . y.Office, Dec. 20, 1803. Copy of a Letter from Rear- Admiral Russell, to Sir Evan Nepean i Bart. dated at Yarmouth the / 31b instant. • SIR, I herewith transmit, for the information of my Lords Commissioners of the Admiralty, a Copy of a Letter which I have received from Lieutenant Browne, commanding His Majesty's Gun.brig the Vixen, acquainting me with his having, on the Bth instant, captured the Frencli Lugger Privateer Le Lionnais, of Dunkirk._ I am, &c. T. M. RUSSELL. Rh Majesty's Gan-Brig Vixen, at Sea, Dec. 8, (803. Sts, Y beg to make known to you, that this day, at four P. M. Lowestoffe, bearing N. W. distance eight leagues, His Majesty's Gun.brig under my command, captured Le Lionnais French Cutter Pri vateer, Jean Joky, Commander, of twenty-one tons burthen, mounting two carriage guns with small arms, and a complement of twenty-one men, out tour days, but had not made any capture. On removing the crew I found the Vessel in so bad a state, with every appearance of blowing wea. ther, that I deemed it prudent to dtstroy her. I am, &c. PHILIP BROWNE. Rear Admiral Rauch Atintiralty-Ofre, Dee. 20, :803. Cob, of a Letter from Kee.Admiral Patton. to Sir Nepean, Bart. dated in the Downs, the 19th inst. sIR., The Basilisk Gun.vessel has arrived, having eap. tured a French Gunboat : a copy of Lieut. Shep. beard's Latter you will receive herewith. I have the Honour, to be, 4c. PIIILIP PATTON. Hit Majts.V's Gun.hrig, Basilisk, Der. rB, 1803. I have the honour to acquaint you that, cruising Or CAWS, agreeable to my 'orders from Rear. Ad. rairal Montagu, I this mornhesg at daylight, chased a Lugger, and at noon came op with and captured a French National Gun.hoat No. 436, mounting one brass eighteen-pounder forward, and a howitzer abaft, commanded by Lewis Sautoin, Ensign de Vdicseau, with seven sailors. and a Captain, and 27 soldiers of the 36th Regiment of the line. She sailed the day before from Dunkirk for Boulogne. I have the lionnulf to be, Sir, ate. (Signed) W. SHEPHEARD. Philip Patrols, Isl. rte. Aeriusiral of the Blue, &t. 4.9 . c. er. 011....11111.0 •••••• PLYMOUTH, DEC. 39.—. Arrived the Ship F/fing I"ub, of London, Capt. PATTIIII.6ON, laden wilh a very valuable cargo, comic ling of ivory, drc. front Africa bound to London, captured by Le Bra.vve French Privateer, of 32 ions, and cut out from under the Batteries of Isle Dieu by the Boats of His Majesty's Ship Golink. Arrived th. Mistsern/ Spring. JACKSON, from Quebec, bound to London ; the Gorgus, SCHUTZ; from M ernt i r for this Port, with timber, .and the Pappenburgh Galliot laban3a, Capt. DE VI Nr, from Penzance, bound to Ena)den. • PORTSMOUTH, DEC. .at Spithead, .Motherbank, and Stokes Bay, the Outward-bound Ships, from contrary winds., YARMOUTH. Dec. zo.--Put in the Vroirra Cornelia Fredetica, Sctsot, r, from &Aden, with butter and cheese, bound tp London, < with loss of an anchor. Johanna Elizabeth, AigND WRITING, from Bremen,with oats, put in with loss of anchor. The Frost Cornelia, AwnNs roaster, bound to, Londorvith oats, is on shore on Batton Beach; the cargo is entirely lost, and it is much feared the Ship will be a wreck—Crew rrved. The no/Iw, of Londoni, Slcti.rox master, from Newcastle to London, with coals, is on shore on Lowestoffe Beach; some of the materials are saved, but the ship and cargo entirely lost. DEAL, Dec. toe—His Majesty's Sloop Lark arrived last night from Yarmouth Road ; and the jackal Gun.brig from the Note. Sailed the Basilid Gum.brig for Dover Road. In the Downs—Monarch, Utrecht, Raisonable, Uryalus, Lark, Dart, Champion, Squirrel, Perseus, Zebra, Cootlia, laekall. Sttstoritss, plc. Court-Mttrilal was this day held on board His Majesty's Ship 014/4 at the Little Note, consisting of the follow ing Members, viz. Captain Wm. MITCH ELL, Pre 3ideor, Captains VzszY, IttNou, Lotmoutt, DicKsoNs BOLTON, ELPH I NSTONS, Bolls and RATH BORN!, when they proceeded to due Trial of ::Mr. Edward Bird, Carpenter of His Majesty's Sloop the Li nx , on the Charges of Negle& of Duty, Diaobedieoce Of Orders and Drunkenness, exhibited against hienby JOHN WI L LOU GII BY MAasnALL, Esq. Commander of the said Sloop: the Court was of opinion, that the Charges agaimit the said Mr. Eduard Via were nut proved, anti' he was acquit. ted accordingly. Letters from . G;siraitar, dated the ,4th ult. re ceived yesterday state, that the: Spaniards wore busy fitting out a large Fleet at C,ldit, and pressing 'nen in all t heir Ports. Letters prom Cad,:z of the Ith ult. also state that orders bad been received there to fit out Fifteen Sail of the e Line with all pos. :idle expedition, hut it was not thought that they could be aim ready before the Spoing. DrilLIN, Dim. 16. His Xxcelleney the Earl of HAILDWInCE held a Privy Council at the Castle, on Tuesday last, Among other business transafted; a Proclamation was direeted to he issued, offering a reward of 5001. for the off:ntler, lame: Corcoran, late of Wextord, but now supposed to be in the County Carlow. It must giVe the friends or - peace and good order the greatest satisfaaion to hear, from un doubted authority, that the noted ait:yer (who so long lurked in the mountains) surrendered himself, unconditionally, on Wednesday last, to Captain Hume, of the County Wicklow. On the morning of the 7th inst. at the break of •day, the dwelling-house of Mr. RICH. Dreeosf, of Mannanstown, in the County of Meath, was out. rageously attacked by a desperate ban6itti df about is° in number, armed with blunderbusses, fusses, muskets and pistols, and with other destruaive weapons, such as sledges, bludgeons,&c. Mr.lttc 11. DI L Low, assisted by two faithful domestics, sustained their attack for several hours. The assailants find ing no other way of entering the house, by scaling. 'ladders got on the roof, and entered it at different places, and committed the greatest depredations. During this time, a party of the Insurgents from .without kept tri's an incessant firing, perforating the doors and windows with slugs and bullets, by which Mr. DI LLON has been sev,erely wounded., Notice of this unwarrantable and atrocious outrage, in a County already proclaimed, was given by a Mr. WPlNrosir, sen. to CiTt. Goto es, of the Kilbrew Infantry, who repaired with his Corps, with all possible speed to the spot, and called on the in. surgents to surrender : they telosed, and fired on his men. Captain GORGE' was under the necessity of applying personally to General ARCHER for a rein. forcement. The General ordered out a troop of the Queen's Bays, now quartered in Drogheda : they proceeded as far as Duleek ; having been there informed that the desperate ruffians, with their leader, had been already sufficiently se. cured, they returned ep their quarters. Under a magisterial warrant they were sent of, handcuffed and bound; under a military escort, as far as Dun. shavgh)in, and from thence, by the Police of she Black Lion, commanded by Mr. Wm. TAThott, to the frovost Prison, Dublin. . CORN EXCHANGE, Dec. zi. To.D4V. we have nut much further supply of Grain:.—fine Wheat nearly keeps its price, but "the many ordinary samples are difficult of sale, and lower ; there is but little Barley, yet that and Malt sell slowly, and are getting cheaper, as are White Pease ; fine Pearls at 533. ; Oats are in middling supply, and incline downwards ; fine American Flour at 355. per barrel, of i cwt. 3 qrs. t'heat 16, a 4.ts a 56s od Tick Beans -31 S a 3ss od Fine ditto - os a itis 6d Oats Tv a 213 24, Rye -28 s a 31$ od Poland ditto - xis a 26s od Barley . 2oS a 2Si od Rape Seed . . 3sl a 381 M a lt . sas a ss“ 0 , l 1:Ine Hour a ass a ;Ds White Pease 4 a sot od Seconds - a4P deans • 35 6 a 39$ od THE HERRING POND. tHE CALLIC TYRANT proudly boasts: But ,who would take his word or bond ? That soon he will invade our coasts, And boldly pass the Max roe Pomo. His Legions to the shore he brings, And of the scheme seems mighty fond, ' But let him first procure them wings • Ere they cat pass the POND. . My friends the Isle is ours, he cries, • Can we these waves but•skint beyond; But there the difficulty lies, • Safely to pass this Hsaait POND. O CONSUL I of immortal fame, • Surroundinv, Dellunts respond, • • Nought can withstand your Godlike Name, • Glorious you'll pass the HER II trio PON o. Once in disguise as C.es R sails, • ' The fainting Mariners despond, • • When they behold tremendous gales, And boisterous view the HLRIttNG POND. The Hero then himself appears, He ne'er in danger can abscond, • His thrtunv soon dispels their fears, - 'Tis C.esAa Draws the lisitaiso .POND. Fortune like his on you awaits, His sword ere prov'd a rallying wand, On )on, like him, propitious fates DcGrcx to pass this illtAltiNG POND. But tho' this flattery soothes his pride, • tears above his hopes prepond : . He feels the gulph beyond his stride. NO)t. DARILS ATTItSfUr TILL POND! A singular circumstance occurred about one o'clock on Sunday morning last :—As two Gentle. men were returning late from a party in the City to their homes in Westminster, they met a man at Temple Bar, without any article of clothing on, except his shirt : he was walking on the middle of the coach road at . a very quick pace. The Gentlemen called to him, hut receiving. no answer, they laid hold of him, supposing him to be a ma p niac, or some person endeavouring to escape from the hands of justice. On the Gentlemen insisting ' to know where he was going in that situation, they received for answer, that he was walking for a wager, and desired not to be detained (his feet were moving all the time). The Gentlemen supposing at first it might be the case, and that the per. son wus dcsctding some whimsical bet, were about to let him go, when they discovered that his eyes were closed, and that he held a candle in his hand ; this induced them to take him to a watch-house. In forcing him thither, he suddenly exclaimed, Good God I where am I ?'' and fol lowed up the exclamation with saying, he was afraid he had been walking in his sleep. The Gen. tlemen hearing this observation, no longer doubted the lA, and explained to him the manner in which they found Lim. The poor fellow, all shivering with cold, informed them, that some years ago he was much achlided to walk in his sleep, but not having experienced any thing of the kind lately, he supposed himself no longer liable to it. A watch. man furnished him with a coat, ,and saw him safe to his lodging, in the vicinity of Drury-lane. The contest for the situation of Organist of the ?arid] of Sr. Clement's, terminated on Saturday afternoon, after three days close polling, when 111 r. I'v lOC 15, a blind Gentleman, was eleded by to ma. jority of 35 over Mr. cmitisd'iC. LAW REPORT. COURT OF KING's BENCH, DEC. tg. slrroft3s BEFORL LORD F.LLENSOROVaiI AND SPiCiAL JURIES. IN GPILDUALL, LuNDON. ILAvENHILL ql. FERNANDES. This was an Anion to recover the difference in the price of stock upon tote sum of s'cool. agreed to b e trans f erre d between the Plaintiff and the De. fendant on the gth of •May last, the day of what is commonly called the Bubble, or the forged Letter to the Lord Mayor. This case was exaelly like those which have pre. ceded it on the same subjea : the bargain was clearly made between the parties, and the Plaintiff had no connexion with the fraud committed on the Public, and therefore the Jury gave a verdid— Damages 3871. 158. DECEMBER 20. COHEN ?). DOORU. This was an Aaiun to recover the amount of goods delivered by the Plaintiff in the Island of Guernsey, to a person of the name of Gilbert, for whom the Defendant had made himself responsible, and had assured the Plaintiff he would accept bills of ex. change to the amount of 7001. it the Plaintiff would supply Mr. Gilbert with these goods, but which the Defendant afterwards refused to do, although the Plaintiff had supplied Mr. Gilbert with goods to the SIMOVIIIE of 7 tol. It appeared in evidence tt6t the goods in ques. tion, and sent from Guernsey to Mr. Gilbert, were brandies, red and white wine, and tobacco; that these liquors were in small casks, slung, contain ing about fifteen quarts each, and evidently smug. gled. Mr. Gts us asked the Captain of the Ship if they were not ru•i on shore in this country ? The Captain desired to know if that was a ques. don to be asked of The CHIEF J urricE said, he was not bound to answer ir, since he might involve himself in the Court of Exchequer by bis answer, if in the affirma. tive. Mr, ERSKINE said, it was'certainly a question to be asked, but not to be answered. The Witness declined to answer. Mr. Gift as said, he was of Counsel for the De. fendant, who ,would have been glad that the Plain. tiff could obtain a verdift in this case, because he had rather the Plaintiff was paid than not, and if there were a verdict for the Plainti ff , the Defendant could recover the money back again from Mr. Gilbert ; the person for whom he made this undertaking wit . a man of property, and he could have his money back again, but it could only take place after the Defendant had done all the law entitled him to do, to resist this Adion, - for if he did not resist it, and avail himself of all the advantages which the law gave him, he would nut be entitled to recover of Mr, Gilbert, because in that case he would have brought it upon himself. The Defendant, there. tore against his wishes was compelled to resist this demand, and, to be sure, it was impossible for the Plaintifftp recover in this aCtion ; the objedion to it was absolutely fatal—it was this, that no man who aids another in any manner to defraud the Re. venue in the sale anti delivery of goods, shall re. cover any thing in a Court of Justice for such goods. The consideration for the demand was not a legal or.valid consideration, and Knot a legal valid con. sideration, it was the same in law, as if there had been no consideration at all. Here it was evident that this transaetion was a smuggling one. The casks were small, and they were put 'in slings, such as never takes place but in cases of smuggled goods, and therefore the 'Plaintiff could not possibly recover the amount of his demand in a Court of justice, A case similar to this had occurred many years ago, the title of it was, Clarges v. Pennaluna, where the very point now before the Jury was determined, by which it was decided that no man shall rcover the amount of any goods he shall sell and deliver, if by that sale and.delivery, he himself had aided in corn. rnitting a Fraud upon the Revenue. Lord Et.t.rtilsoaotroo thought this Objeetion fatal to the Plaintiff's' demand in this case.. The Law was unquestionably us Mr. Grill/9 had stated. It appeared that the casks were slung in a =noel peculiar to the Smuggling Trade. It was to be ob. served also, that by Law no less: a quantity could be sent in a vessel in any one cask, than 6o gallons. Here the casks contained only s quarts—therefore if the jury were satisfied upon the evidence that the Plaintiff knew these casks were to !se a contraband traffic, and aided in carrying on that traffic, most in. disputably he could not recover in a Court of Justice. Hefore'he could recover for his goods, he must spew that he had made a fair, legal and valid delivery of his goods. Now that could not be so if they were a contraband importation ; and therefore if the Jury believed the evidence, they would find a verdkt fur the Defendant. Verdia for the Defendant. 11VDDART Z. HOTHAM. Mr..GAutow stated this to be an anion artinst the Representatives of the late Sir Richard Hotham, to recover a sum of money upon a case which, he said, was an extremely hard one, of which the fol. lowing is the substance :—Sir Richard Hotham and Capt. Huddart were connected by marriage,and very intimate in friendship—Capt. Huddart had a Ship or his own, and was trading very profitably in the Arne. rican trade—He'was prevailed on by Sir R. Hotham to quit that trade and to go into the East ; India Company's Servi ce, which he did in the ship Called The Royal Admiral, of which Sir R. ilotham .was Husband and 14.16ths Proprietor. Previous to the last regulation of the Company, prohibiting . the put. chase of the station of Captains of Ships in their service, it had been customary to allow such pen. chases. Sir R. Hothatn prevailed on Capt.liuddart to give up this sale, and consequently when Sir R. Hotham came to sell the property he had in the Ship, it sold for more by SooOl. as the office of Captain of . it was open to the Purchaser, than it would' have done if Captain Huddart had insisted on his claim in the then customary manner, (for this snag before the Resolution of the Company to prohihit the put.. chase at such Office). For this relinquiThment on the part of Capt. Huddart there was no specific agree. ment betvicen him and Sir R, ilutham, taut there was an understanding that Captain truPart was to be liberally recompensed. This liberality, he said, had not been shown to that worthy Officer; so that he vas driven to this adion. The whole value of what Captain Huddart gave tip on this occasion way about 8,0001. but certainly 5,0°01, was a very mo derate sum. However, they were not in a condition to support a claim, for that sum. They must be contented with what they could establish in evi. dence, and that amounted only to mool. That suns a respedable Gentleman would prove he heard- Sir R. ilotham declare he would allOw to Captain Huddart on the account of this tranaadion. • Captain Blanchard. said, he knew Sir R. Hutio,rn intimately. He remembered Captain fluddart was once Captain of the Royal Admiral East Indiaman, of which Sir R.Hotham had rao r 6ths he believe& He ' thought it was in the yeah7BB Sir IC Hothain parr- • ed from his interest in that ship. Captain fiudtlarr -ceased to be Captain - of that ship, afterwards Capt. Bond succeeded, He remembered hearing Sir R. Hotham repeatedly say, that he had promised to Captain Huddart toool. oil that account. Un his ceoss.examination, by Mr. ERserNE, this • Gentleman said, he believed that Captain Liashiart was.put into this ship entirely by the friendship of . Sir R. Hotham, and Which was a rare instance, fee that "the sums paid for this office were very large. He had known it indeedl 1 fur Ailt. 3,0001. but he had also known 9,0001. given for it. But in this ca-e' Sir R. Hothatn most undoubtedly gave this office to Captain Huddart without any money consideration whatever, and he believed also greatly through ffiendship ; but he also expetted from Capt. Hod dart great aCtivity. Sir R. H o tham proyidel a b ov for the son of Captain fitnidait, he appointed him - •• , Captain of the York, without one sliding, or any , ! pecuniary view, direelly or inditeCtly, tor ha had great friendship for all Captain Huddart's farm. ly. Captain Huddart went four voyages in this • ship before he was solicited to give it up. Now he - believed they go' six voyages, but formerly they went but four. He did not know whether Capt. Huddart had claimed this soool. of Sir R. Hothamo it was impossible for him to say so. Capt. Hutidart , was a remarkably mildest man and not' likely to are: for money, nor would he have wished to (parte' with Sir R. Hotham; but the witness did not think he was in the least in the expe&atiort of any legacy • from Sir R. Florham. -Sir R.' Hotham died about four years ago. Mr. ERSKINE addressed the Jury in vindication both of the memory of the' late Sir R. Hotham, and of the purity of the motives ofthis Represeota. • tives, who only came before the Court to see that • no Improvident use should be made of his estate, by yielding to unreasonable claims. It appeared he said, that Sir R. Hotham had appointed this • Gentleman to a place, which nobody had for less than pool. and for which had been given 90oolo—s he had done the same thing for the son of this Gentle.. man, without the consideration of a single shilling, so that there was no •reasonable complaint on the part of this family against Sir R. Hotham. With regard to the present demand, he apprehended it to. border as closely upon what the Law called sudam pH:try: as any ,case he.ever knew, and he most leave it to my Lord to tell the Jury whether ,it was not quite so. As to the parties, he said he knew them all. He knew Sir R. Hotham, whose vast fortune was much impaired by unthriving speculations in building at Bognor, but who was honourable man. He knew also the Plaintiff, Captain Huddart,: . •' • who was a man of honour Also;• he was.Castnetel for him in a cause that was to be tried in a day or two. He knew the Gentleman who had just . : been exa, mined, and he was a man of honour too. .But with regard to this case, if the parties had not heir iii the Court of Chancery, they might have- pleaded the Statute of Limitations as to this promise, for • it was more than six years ago; hut that Court had prohibited them from pleadiog that statute. He wished the Court of Chancery would leave them to themselves in the Courts of Law. • Lord ELLENaoltooott was clearly of opinion, that the giving up of the claim of Captain Huddart in this case facilitated time sale of the ship by Sir R. Hotham, who might otherwise have had to settle I with the Company on the appointment of another. Captain,and was a good consideration in La w, to move Sir R. Hotharn to make this promise to give Capt. I Luddart 10001. He had made that promise, mind therefore it was binding. As to this action being. •defended, there was no reprgach to the parties who defended it, for they were bound as representatives of the estate of Sir R. Hotham • see that all claims' upon that estate were legitimate. . Verdict for the •Plaintiff-.-Damages t000l.• . COURT OF CHANCERY, DY.C. 19, I'UIeCELL MACNALIARA, kSQ. THIS Cause (and to use the words of the Loßts„ CHANC LLOR,' a more important one never_was brought into that Court) occupied the attention of, his Lordship and of the Learjied Counsel, iat _the: hearing, upwards of a week, , the. last .day of which was July tt, 1803. It was °undated with great. abilities' by Mr. Itomtl,LY and Mr. HART for the Plaintiff, Ind by Mr. Soo o ma. GEN MA NSF I I LI) and Mr. PEhillakTON, lot the 1)e. fendant. The Plaintiff Vnts•Miss Frances Purcell, who, if the Deeds in question had nut been executed, would h a v e been entitled to a moiety of the real Instate, which was the subjeft yithete Deeds. . The first Defendant was. John Macnamara, Esq. in whose favour the deeds in question in this cause were executed,. The whet Defendants were Miss Margaret . Pureellotister to. the Plaintiff, and who would be entitled to the other moiety of that estate if the •deeds . in question had not. been executed, but Whti was perfettly satisfied with the execution of the deeds- and did not wish to overturn them, Colin Baillie, George Baillie, John Turing, Robert Lang, Nathaniel Snell, and Erich I.ort; Reay, who Were the representatives of Mr. James I.l ) itbe, wh o •.wns a mortgagee of that estate.. The p6yer of the Bill was, that the Defenttant, Mr. Maenanura, might be decreed to come to aii•account with the Plaintiff, Miss Purcell,•touching alt money dealings and trans. anions between them, and touching al! tnatter concerns whetein acted as Trustee or Agent, under any deed or instrument executed l,y the said Plaintiff, and that Luzlt balance as ylvjulii appear '~ ~x r 1