The Sun. — London, England, 1803-02-18 00:00:00

d 1 PAPAL NEWS. PLYMOUTH, ir Eh . t 6. litiVlD the Pickle Schooner, of t z guns, Lieu tenant J. R. LAPENOTIRItE, with Dispatches from Malta and Gibraltar, said to be of sortie moment. Lieut. JUMP, late Commander of La Venturer Sloop of War, immediately landed, and set off for the Admiralty. —The Pickle left Malta the zoth December, and Gibraltar the ist February. The Officers and Crew late of La Venturer Sloop of War came Passengers in the Pickle : the former having been found unfit for service, has been sold in the Mediterranean. The British Troops, at the time the Pickle sailed, bad received no orders for the Evacuation of Malta. PORTSMOUTH, FEE. 17. Artarvao this day at St. Helens, the Adventure Transport, flewsort master, from Gibraltar, with part of the t sth Regiment on board ; also the Snow Matthew and Thomas, from New Providence, with part of the 47th Regiment on board. His Majesty's Ship Intrepid is ordered to the Z4ltward, to be paid off. DEAL, FEB. 17. AntVitb from a Cruize, the Bloodhound Gun. The Hon. East India Company's Ship Sovereign sailed this morning to the River the Walpole and iithinstotie remain• SHEERNESS, ftv. 16. Aa ,Rlvit) the Cerherut frigate, with the lo ss o f Bet mizen.mast and foretop.mast. The Thai:, being found unfit to carry troops to Ireland, is ordered to be paid off. Yesterday the ihtbuseade frigate sailed to the Westward. The thaw, since Sunday, has been general, but to-day the wind has chopped round to the North- Ward, and' the weather assumes a more winterly ap. peara nee. On Monday a general survey of all the Naval Stores in this dock-yard took place, two Gentlemen Iltiving been sent from the Navy Office for that pus. pose, in order to give the Naval Store.keeper a new teld accurate statement of .the Stores under his care. GiBPAPAR, Jaw. 24. • ON the 2ts t the Intern Sloop of War, Captain eaR ant, arrived here from Portsmouth in i / days; she sailed in company with the Abundance Naval store Ship, which she parted company with in a violent gala of ,wind on the /Bth. The Abundance arrived on the 23d, in the morn. trig I Mr. THOMPSOI4, Surgeon of the 25th Regi. :tient, came passenger in her. The 13;ttern sailed in the evening to join the Fleet. Arrived the liebe, IVlerchant Brig, in / 4 days from England. The cynthia, for England, is still lying here, I wind bound. Their Spanish Majesties arrived at Aranjuez on the 9th ult. The Ranger Sloop of War, Captain COOTE, and the Hound and Diliviree Armed Ships, have just been paid off at Deptford, and . re-commissioned by their original Captains. Letters have been received at the Admiralty, from Capt. Hoof), stating his arrival in the Blen. keine at Barbadoes, from whence he was aboutlo, proceed, wi t h ' the Other C r oiWaiissioners, to survey the isla n d of trinidad, . . Letters received from Barbadoes, 'dated the 29th. of December last, state the agreeable news of the safe arrival ther e o f Hi s M a j esty ' s Ship Centaur, of 74 guns, Capt. LITT4EIIALES,, which sail e d f rom lymouth three months since, with.sealed orders, all well, and the officers and crew healthy. The island of Barbadoes is also healthy. She was, after taking tn Water and wood, to run down to Jamaica, to ice. Admiral Ducxwoturti, for or d ers , an d to r e. litve a ship of the line on that station. Wednesday arrived in the Downs, the Caledonia, Capt. PACE, last from St. Helena, arid the Live 6., from' the South Sea. Yesterday a Meeting of the Royal 1e1:m.144n So ciety, for the Extirpation of the Small-pox, took place at theion Tavern. We are happy to fiiA This excellent Institution honoured with the Patron. age of all the branches, Male and Female, of the h o Yal F am il y . W e trust that such great authori " will tend to overcome the vulgar prejudices still entertained against the Cow. Pock, and that the Progress of Dr. JaNxaL's discovery will effect the , Utt er extirp at i on o f the dreadful Malady which has WPC, l long tiepopulated Europe. The fourth Meeting of the Navy Club was held 2t the Thatch'd House Tavern, St. james'3-street, 'm Wednesday last, at which Sir HYDE PARIER iareSlLl Cti• Among the Company present were, an. Admiral Cornwallis, Capt. Freemantle, A dmiral Lord liotham, Capt. George, Adroiral Lutwidgo, Capt. Pierrepoint, Admiral Nugent, Capt. Essington, Admiral Sir C. M. Pole, Capt. Martin, AdMital Sir A. S. Harnorni, 24(1 several other Officers of the Royal Navy. ,it is to be hoped that the success of the Bishop 4-qNDON'S Theological Lea.ures, will induce that venerable Prelate to repeat leis pious labours at ST. 1 " 4 / 8 1 s, during the approaching Lent. The higher order of fem a l es attended those Lellures with so !nueh'zeal, that the meritorious author may gratify tiiinselt with a hope, that lit may set Faibittl On the Lida -of Virtue. trig Eitt tdrr ,4 VT'4 CR Aift. Vdt.lNTitO ON A TRUZ trOKY. *,liv trieitare, why strew ye those floNv'rets arotincl, To yon new•soddetl grave, is your slow steps advance? In yon new4oddeti grave (ever dear be the ground I) Lies the stranger we lov'd, the poor Exile from France. And is the poor Exile at rest from his wee, No longer the sport of Misfortune and Chance! Mourn on, v►llage mourners, my tears too shall flow For the stranger ye 'avid, the poor Exile of France. Oh! kind was his nature, tho' bitter his fate, And gay was his converse, tho' broken his heart ; No comfort, no hope, his own heart could elate, Tho' comfort and hope he to all could impart. Ever joyless himself, in the joys of the plain Still foremost was he, mirth and pleasure to raise, And sad was his soul, yet how blithe was his strain, When he sung the glad song of n►ore fortunate days One pleasure he knew ; in his straw cover'd shed For the snow-beaten Beggar his faggot to trim, One tear of delight he could drop on the bread Which he shar'd with the poor, tho' still poorer than him. And when round his death-bed profusely we cast Ev'ry gift, ev'ry solace our hamlet could bring, He blest us w►th sighs, which we thoUght were his last; But he still had it pray'r for his Country and King. Poor Exile, adieu! undisturb'd be thy sleep ! From the feast, from the wake, from the village green dance, How ~ft shall we wander, by moonlight to Weep, O'er the stranger we lov'd, the poor Exile of France. To the church-going bride shall thy mem'ry impart One pang as her eyes on thy cold relics glance, One flow'r from hes garland, one tear from her heart, Shall drop on the grave of the Exile ofFrance. W. s, INct.toorr, on Wednesday, signed an article with Mr. HARR IS for five years. He is to have 161. a week. Mr. HARRIS, with his accustomed liberality, suffers him to perform at Bath the ensuing week. Mrs. HARRISON acquitted herself so ably in the place of Mrs. BILLINGTON, on Wednesday last, at the Concert of Ancient Music, and sang " Pious Orgies" with such beautiful and affe&ing simplicity, that it is much to be regretted so accomplished a singer should have withdrawn her talents from the Public. 'Jr. Foo•r, who made so respeftable a figure in Hamlet, at Drury.lane Theatre, has performed that charader with so much'success at Salisbury, chat he was requested to play it twice after the expiration of his engagement at that place. He is to perform at Exeter and Plymouth, and then returns to Bath. Cowpsst, the late excellent Poet, speaking of Bilsw ELL'S Life of JOHNSON, observed, that though it is so much abused, it presents the best portrait that has ever been given of the great English Mu ralist, adding, that mankind 'would be gratified indeed if some contemporary of SHAKSPEARE and Mttrorr had given the world such a history of those unrivalled Poets. An idea seems to be entertained by some persons, certainly not the majority of the well-informed, that it is absolutely necessary that a First Lord of the Admiralty should be a Professional Alan. We have a different opinion upon the aubjeft. We will maintain that the affairs of.- the Admiralty were never better, if so rwell,atiministered, within our own recollealon, as under two First Lords who were General Officers of the Army. The statement which The lifon;teur has given of our Finances, was probably furnished by the rene. gado miscreants who condua the English Paper, en. titled The Argsts, in Paris. But The Moniteur might just as well have adhered to its Old Correqoadent at Sisocard, who would hardly have deviated more widely from the truth. Perhaps it would he better indeed, if The ltfoniteur, instead of attempting 'to degrade the Finances of this Country, were to try to improve those of France. A Morning Paper says, that " within the last ten years, France has discovered the guillotine and the telegraph, and England the runeetne and liji boat.'.• The telegraph was first discovered by a Scotchman : the French, therefore, have only the important discovery of the guillotine to boast, a discovery of which they undoubtedly have the ex. elusive merit. In Dr. RANK), I N'S , Epiia/b on a Sguirr4, that escaped from his cage, and was killed, there is the following passage " Learn hence{ ye who blintily . -Wish.more liberty; 4 Whether sttbleas, ions, Squirrels, or tlauichters, 4 ! That arparort restraint rhay he real protedien." Who could have thought that a writer with these sentiments would have been one of the most bitter enemies against 'the mild restraint, and the solid proteClion of the British Monarchy ! • A French Writer has made a wonderful discovery, that France, by virtue of her new law of natural boundaries, extends her parental protection to the whole tract of Louisiana, consisting of land known and unknown. With equal modesty,. little Label, in The Prize,. proposes to cure " all ills that he inotor, or lie don't invw." Lady Hoar, during her residence for these last two years at Hottland'a.palace, her seat near Kill. cock, Ireland, has proved in that distraded neigh. boUthood the patroness of hospitality and bene. voleoce. In addition to her weekly distribu. tions to The neighbouringpoor, she has ereaed an asylum for the maintenance, clothing, and cduca. tion of several female orphans, and also a week. .ly allowance to all the widows on her estate. Sir joitx 1 - lorr, in addition to her bounty, on his own account, has built for the use of his cotters and labourers, with a lot of ground annexed to each, thirty-six separate cottages or dwellings, built with stone, brick and lime, each dwelling with a slated covering in the room of thatch, which is the usual custom of the Country, forming a complete village. This example, were it to be followed by the No. bility of Ireland, would soon bring that distracted country into a state of comfort and tranquillity. Mr. Cactattoatt, one of the political fugitives from Scotland about eight years ago, has been or dered to find sureties to the amount of 12,000 dol lars, in consequence of some libellous publications he has inserted in a Newspaper, of which he is Editor in Philadelphia'. Professor ALDINI, who has lately made the cu. rious Galvanic experiments in London, is appointed, along with M. GIOVANI, to the Chair of Experi mental Physics, in the re-established University of soulogne ; and a Lady, Mademoiselle Ct.o.rtLoA Tasasitost, is appointed to t:lat of the Grecian Language anti Literature, in the same University, LAW . iitliOht. COURT OF KiNG's BEKCI-1, Fl!. f 7. TTINGS:LTORL LORD tLLtNIIOkOUGH IN WLSiMIN. STEK-BALL. MILLMAN V. TUCKER. Tuts . was an aCtion to recover th 6 kum of 601. paid by the Plaintiff to the Defendant, for a Barge which he purchased of him ; upon the ground that the Barge was not agreeable to the wetrranty•which the Defendant gave to the Plaintiff at the time of the purchase, namely, " That the Barge was per feCtly sound, and was fit for use for two years with. out repair, accidents excepted," whereas it was not sound, but leaky at the titne of the sale. In the coarse of the trial a person of the name of William Perry, was examined as a wit ness for the Plaintiff, and Mr. ERSKINE, on cross_ examining him, asked him whether he had not been imprisoned on a conviCtion - for forging Coal Meters' Tickets . ? Upon which Lord ELLENHOROUGH sold the witness that he was not bound to answer the question ; and he refused to answer. The Court then proceeded, and the evidence and address of Counsel being over, Lord ELL ENBOROUCH summed up the evidence, and gave direttion to the Jury, and in taking no tice of the evidence of William Perry, his Lordship said, he was bound to tell the Jury, the Witness was not obliged to answer the question put to bins ; whether he was imprisoned on a convietion for forging . Coal-Meters'Rickets, that he was entitled to the proteelion of the Court, and that 'a Judge who dii not afford him protation, in refusing to answer such a questiOn, would be guilty of a base dereliction of his duty, far that a Witness in a civil action was not bound to give an account of his crimes, but of his knowledge of fads relating to the issue ; and that the refusal of the Witness to answer that question,. threw no manner of discredit upon him, and that if his Lordship had himself been a Witness, he would have refused to answer such a question, although innocent, because it had no reference to the issue on which he was examined as, a Witness. Mr. ER`KINF.—" Before the Jury► pronounce their verdia upon this question, which is of very great importance, as it seems to me, I rise to tender a Bill of Exceptions to part of your Lordship's di. redions to the Jury. I have taken down the words." Lord ELLENBOROUGII.—" We will takc the verciia first." - - Mr. ERSK tNE.—"' If your Lordship pleases : but it has been usual to tender the exceptions before the verdid." The Jury found a Verdia for the Plaintiff— Damages 601. Mr. EttsxiblE.-" The ground on which I tender a Bill of Exceptions to your Lordship's direttion to the Jury, is this : when a question was asked by me, as Counsel for the Defendant, to the first Wit ness, William Perry, whether he had not been im. prisoned upon a Cony iaion fur forging Coal Meters' Tickets, your Lordship gave him the protection, which you said you were bound to do, by telling him that he was not bound to give an answer to such a question, and which you stated in terms which I find no fault with : your Lordship then proceeded, that you felt it your duty to give to the Witness your proreaion, and then you said and that is_ the sub jea of my Bill of Exceptions), you were bound to tell the Jury that such refusal of the Witness (to whom you afforded the pima - lion), threw no man ner of discredit upon him, and in order to (loathe that sentiment with the highest possible sanaion, and which carries great weight with it—l mean no thing personally disrespectful to your Lordship, for whom .1 have the highest esteem — Lord ELLENBOROUGH." You: peed not make any observations, for I am really glad to ,have my conduct questioned in a regular come. I hope I am not so foolish as to receive any offence as it." Mr. EasmNs.—" It would be extremely pain. ful to me to offend your Lordship. You then added, my Lord, I should have refused, to answer such a .question myself,' by which I took you to mean that if this question had been put to yourself.— Lord ELLENBOROUGH.—"I should have re.. fused to answer." Mr. EASKINfe•-'-" There has been some differ ence of opinion on this subject." tord ELLIINBOROUGH.•.••••" This, I think, is not, the season to discuss anything -upon the subjeet, for that is to be argued upon the Bill of Exceptions. I am taking down the words to which you say you objet, in my direaion. I told them that the Wit ness w as not bound by law to answer the question, and that is a part which I understand you find no fault with." Mr. ERSKINE.—" I do not exclude that from ,objeetion, my Lord, the Bill of Exception goes to the whole of the sentence," Lord ELLENBOItOUOII.-41 I do this very ad vis. edly, and I court this discussion." Mr. ERSKINE.---" It is proper for Counsel, in tendering a Bill of Exceptions, to explain the rea. sots for it." Lord ELLENDOROVGII.—" I think not : 1 will take down the words to which you except, as if tendered to me on paper; regularly they ought to be offered to me on paper, and I ought to seal it ; but I,will take the words from you." Mr. ERSKINE.*---" The question to the Witness William Perry, was, . 4 whether he had nor been imptisoned cm a conviction for forging Coal Meters' Tickets;' and your Lordship ruled, that he was not hound to answer the question; the Witness re_ fused to answer, and your Lordship said to the Jury upon that point, 4 I am battrid to tell you, Gentle men, that that refusal throws no manner of dikre. dit upon him—and I should have refused to answer myself." Lord I.7.z.Letittoßouott took down the words objeded to, and then said—" I hope this will be seriously proceeded in, otherwise it should not have been thrown out, for the conduti of a Judge should not be lightly questioned, and I do hope, that you do mean seriously to proceed in this." Mr. ERSKINE...--" I certainly do, my Lord, mean seriously. to question it." HALLIDAY (V. APPLETON. The Plaintiff is a Wine Merchant, and the De. Pendant a Tradotratit mired from buitats3, and the rienitiff ratifed ipartmetits ant] add also a stable end dtilet ot&.hoesea bf ilk De:, fehdanr; itt Lordship.laite, Tottenham, si•heie both the parties reside in great credit, keep their chaises; &c. This Milan was brought against the De. fendant for maliciously, and without probable causal, charging the Plaintiff with having stolen a act of plated harness for a horse in a chaise, of the value of sal. upon which the Plaintiff was appralia nc l e d on a Saturday night, and brought before a Magistrate at ten o'clock at night, and cn the oath of the De. fendant committed for farther examination. The substance of the Defendant's oath was, that the Plaintiff had once wanted to buy- the harness of Una but not giving what he asked, the Defendant never sold . to him this harness. That the Defendant took back the harness and locked it up in his own - stable, which was joining to that of the Plait-11Hr, and then the Defendant went td Margate, where he remained for several months. That when he cane home he found his harness was gone, and that theca was a hole in the partition which separated his stable from that of the Plaintiff, large enough for a 4 man to pass through ; anti on searching,.the harness was found in the Plaintiff's stable, and upon thin the Plaintiff was apprehended, and kept in custody from Saturday night Until . about Monday noon, when, upon a -full hearing, the Magistrate was clearly of opinion that the Plaintiff was emitted to his discharge, and he was discharged accordingly. And this Atlion was brought to recover a corn. pensation in damages for' this insult. It appeared clearly id evidence, that the Defend:, ant had aetually sold this harness to4he Plaintiff for three pounds ; that the Plaintiff did not indeed pay to the Defendant money for it, but wrote it off the Defendant's account, he baying the Plaintiff money fur wine. That the Plaintiff had attually used the harness for six weeks together, and that the Dea fendant knew it, and saw the Plaintiff use it fur his horse in a chaise. ,That the Defendant had in. deed taken it back again to his own stable, when he went to Margate, during some of which times the Plaintiff had not the use of it; but afterwards the Plaintiff's wife took it out through the Window of the stable, for the purpose of having a ride With; her husband, and from that time downward, the , Plaintiff used this harness without the molestation of the Defendant until his apprehension. That as to the htale in the partition, that was an accident, from the hay in the loft being pressed against it ; that the Defendant claimed,the harness, and insisted that it was his'before a witness, when the'Plaintiff said it was his, and he had allowed the Defendiat 31. for it in account, which the Defendant did nut deny. That the Defendant had had some other dis. putes with the Plaintiff, and had said, that he would hang or transport him, and that he wanted tlie Plaintiff to quit the place wherein he dwelt. That the Defendant was an old man, addialed a good deal to drinking. There was not the slightest rt. , - tence for this charge of theft against the P/Vatiff, except in the: heated and silly imagination of this superannuated Defendant, and therefore the oily question was the quantum of ciarnages,•whieh the Jury, after a very appropriate direction from the Chief Justice, estimated at tool. Verdk for the Fuintiff.—Damages tool. CORN EXCIIANGE, FE a, .. . THE Kirke( still continues without further 4up. plies, of Grain, excepting it igur•miloples of Oats and Barley ;. and being short of buyers, piles r)t ail articles arc extremely heavy, at prices ut•striall va riance from our last currency. • • • ' . Wheat • . '454 a sal a 58s oil Tick Beans • e a 325'6d Fine ditto - 59 $ a bas ,f.,1 l Oat.s. - - .145 a ~(7S .I. us B arley _ 23s a 27s 0a i'ol.llld ditto 225 :i 23; ci. Malt - - •:}as a 453-tid RapelieNt - - . 11l 3 "3-0 Rye .. - VA 3 ass od Fine 1 , four - os A' 4ty oil White Pease 335 . a 39 $ 9:1 Seconddo • 46$ a 451 Beans - 31$ a 364 oil The allowance granted to Subaltern Of of Militia in time of Peace,. has been issued for" the year 18oz ; the West EsseX and Huntingdon lee gitnents.have alre:tJy► received it. The Receivers General of the Land Tax of the different Counties are authorized to p.ty the same: We have received Newspapers from Charlestown } 'South Carolina, to the 4th of January. By Letters of the i zth of Deceniber, information, was received at Charlestown, from Demerara anti , Essequebo, that, since the cession of those. Setcie, , ments to the Dutch, on the zd of Deceinber, the Anglo-America n traders had met vexations and severities from the new Governor, ,1 4 , vhiCh they felt to be exceedingly un j t 4 an d oppressive. 'mie. diately after the Dutch tookpossession of the Settle ments, the trade with the Uolted States was„ put on the same Iboting as before the year - 1795; - or, in other words, it was forhiddeif, • that ay e produce of Demerara or Essequebo should be expnrted to the Ports of the United Btees, otherwise than in Dutch bottoms. Not satisfied with impatiently renewing d. this regulation, the D utc h Governor (Aiwa those Anglo-Arnerican Captains who had taken in their cargoes while the British was still flying, but had not then sailed, to re.land rb e Cargoet, and sail without freight. The injustice of this last ad e/cs, cited great indignation at Charlestown. The French Government have permitted the ex. portation of silk from Piedmont, by the war of Nice or Lyons. The silks which are exporte;ihy the way of Lyons, may be sent to foreign p4rt.3 by Marseilles, Dunkirk, aild One of the Overicers of Lewes having been late ly ballotted to serve in the urged that his Office afforded him a legal exemption, amt eliiirned that another person should be ballotted for in his stead. The ease, however, was referred to the Duke of Ric HMOND his Grace decided in farour of the Overseer. Extraordbun:y 0741,6ar0vi Prolua;rpt these few days a hen fowl, beim :T in g to &mud Silk, landlord of the ad Black Horse, *cup, Kent, 'aid an egg of the usual size, of a y'ellowislt brown colour, marked thus, " S, S." ache irtictls of -the owner's name) in capitals, the figure of heart, an X, and E fl, It has been submitted to the inspeetion of Sir jos,rrtt liAxs.s, at a very ex. traorclinary haks i