The Sun. — London, England, 1803-04-23 00:00:00

I NA I AL NEWS. - • PORTSMOUTH, Ark IL 216- PLYMOUTH, APRIL 21.' 3 CI r r AMU]) this emening, Hii Majesty's Ship Prn. gn►n, fiom the Cape of Good Hope, by which Ship we learn, that the Cape has been fully surrendered to the Dutch, and that Sir ROGER CURTIS would le ye that place in a few days. Passed by this day, the Thaw!, from China, and Tellicherty, Capt. WtI.STEAD, from Calcutta. The Thames sailed from China on ad January, and from St . . Helena , isth March : left there the Royal George,.hcmieivard-bounif, l to' sail next day. • Arrived at the Motherbank from Malta, and put ' under quarantine, His Majesty's Ships 'Alligator Ind Regulus. The Thalia, Excellent, and La Sybille Men of War, which brought up yesterday near the Owers in . a gale of wind, this day came up to Spithead with. but damage. ARIMED the Dragon, of 7+ gtms, Capt. AYL. .14Lit) frotnGibtaltar. 22. • Ts R wind has blown so hard yesterday and to day; that no Packets or raisage Vessels have rived. A French Boat with Dispatches for aMe r-- chant here, arrived about eight this morning. The Di/patches were forwarded to London by. Express. It Si said a Vessel from Boulogne came out this . • morning_ nd is blown into the Downs. The Maty Transport,. from Lisbon, with a de. tgehment,of the Sist Regiment, in coming for the Harbour, ;he water being short, got on sh?re, but k:t l . l / 4 .expeded will be got off without damage. She had lost all her anchors in the. gale yesterday to the westward of St.frelen's. DEAL, Arßiz. 22. THE East India Company's Ships Ceres and *Pusick Cade: sailed this morning to the River.- The 'Warner Castle, from China, arrived in the Downs this afternoon, and remains with the Rqy a 1 Chariot', and PerseetaYantr, Dor.tetthire, and Ccy /vs Indiamen. Account of the permanent Taxes of Great Britain in 18oz lull.' 803 : the Years ended th ian. 1802. Sth 1211. -t33. nr ,C. , s. d. •-• xcise," Stamp, and Incidents, prior to the Year 1793 t0,826,114a 8 51 7 1,335,309 19 7 Add proportionate part of Sugar now an nually granted 1,678,554 3 e 2 050 0 3 to 61 Additional Duty on Malt, ditto. 325,598 0 o 341,330 6ai 13 47 Y 011 Tobacco, do. 39 t,068 o a .442,922 , 13,421,682 11 51 14,726,E65 16 31 That of Duties pro AllllO 1 793 - - 00,517 4 11 310,412 9 2 D itto, 1794 • . - 742198.5 10 iii 796,688 18 4 Add . proportionate part of Sugar, now .. , • Anntially granted 362,541 is tot 444,49$ 1 2 . ' Total of Duties pro Anno 1795 - . 1,476,19, 9 61, 1471177 2, ill Ditto 179 6 - - - 1077020 ij 11 1,376. 92 97+ Ditto 1797 - - - . 2 ,557.444 16 2 - 2,761,616 13 84 Add proportionate part of Sugar, now Annually granted 340, 1 6; 19 ot c 416,716 18 , 8 Total of Duties pin . 1 . 1 .40n0 r 798 - - 593,354 4 8 683,7 55 7 to 61 —ln c' 1 799 - - - 16 5,57 8 18 0 1 3544 86. t' Si Ditto riko - 461006 1 3 4 0 97.45 1 1 % ot Ditto iSot -- - 929,681 2 o 1,730,753 t 9 to DittolBo2• - -, - oo 0 1 .9;7,340 12 lot , ,_ . . . '....."‘; 22 10 8 197 0 11 h 2 7153 1 ,35' 8 1 4 91 JAMES ElSll4lt. Ztegurr, tht 2-th cf 2 1 / 4 ) el) 0303. The KING of PRUSSIA has given, to the PRINC e 9f ORANGE the Lechtenan Palace; at Berlin, for a constant winter residence. The Princess receive., from His Maje..ty 30,000 tix dollars per annum for The Morniq'Herald, of yeterday has the fol., lowing very curions paragraph :—" Yesterday Sir JOSEPH nolNitifidel his addresses to His MAJESTY at the Qui.eres.house." PUS L TC-OPF IC R; BOW.STiII terday two very notorious offenders were, examined. before. N. BOND anci . E. READ, Esq. on a cliarge'of attempting to pick the pocket of two Gentlemen on Thttrsday night at the Opera House Masquerade It appeared that a numerous gang of pickpockets had obtained ad. ,nittanec, and by being masked, prevented the peace. officers who attended from recognizing their persons.' The Geraletnen, however, on whom they at tempted • their depredations, : with great 30'114 seized and se Cured them, notwithstanding a desperate resistance made by theie , assOciates. The fad' being proved I ' s to the. titteinpt, they were both committed to take their 'trial at the present Middlesex Sessions for a Misd emeanor.:. • TWO "41'1;4010 had been apprehende' on suspicion of house.breakirtg,• and had- woundcd one of the B ovv-street,patrale, and for want of evidence had been Wit on board the tender at the Tower, in or. der to serve His Majesty, one of theM having been on hoard a man of war, were !Drought back by Mr. Bell, the High Constable of the Holborn Division, Who stated that the Regulating Captain would nut keep them, as - -they, were men of such bad' charader, and unfit for His. Majesty's service, one of them . telling the Captain thathe was a common t,hief, and at diarent times had been cistody near - eleven: • Years, itpd could.nat. keep his hails _ from stealing. The Magistrates were. thud - tut Andcr the necessity of discharging them. - Wzi bAt-a•PkiDAYi APR TL triter Marnamara was intlide4 for manslatith: tee, in killing Robert Montgamery, Esq. in n Duel which took place between them, on . the even. ing of the dth of-April last. , ; The following are the names of the Jury who were sw*orn to try the case : t am m es Needham,. Thos. Chars, Lames :Merrick, . Rich. Plomer, !ch. Hale, Geo. Pearce, Edw. Wheeler, . Thos. Harding, _... George Usher, Chas. Saunder;; John Sumner, Thoi. Saunders . ; • . • The cir unstances of this case are ,alteady . sb amply b he Public, that 'it is unnecessar y to go over their again in detail, we shall , therefore' pass over several of them, for the purposed mak. ing way, for the most material, together with such as have not yet appeared in print. Mr. KNar P , OEened the Case on•the part of the Prosecution, and said, that the offence of which the Prisoner-stood charged by this, indianient, was that of manslaughter, in having killed:Col. Montgomery in a duel. It was unnecessary for him to make any observations on the nature of this offence, or on the law which applied .to it, because the Jury.would hear. observations upon these topics from the much superior authority oldie Bench.; neither should he make any comments on the circumstances of- the Case, lest they might possibly excite a prejudice which the evidence afterwards. might not warrant. Nor was it necessary for him todesire that-the Jury might dismiss from their attention, every thing they might have perused either by way of account of evidence, or cominentary on this case, 'in the public Prints ; he knew from the experience he had had already of the manner in which the Jury had • discharged their duty in. that Court, ,that they un. derstood it too well, , to pay any attention to any thing they might have heard out of Court upon this case, and that they would be governed entirely by the evidence as it should appear before them now upon trial. The charge, although not of the deepest species r f homicide, was . yet of a very grave and . serious .nature to Society, and one which demanded the serious consideration of iCoutt of ; irut Ithe question which the Jury had to try' was a very plain and - a very short one--4t was this,, Whether the unf o rtunate Gentleman who lust his life, as was stated already, did so lose it in con , equenee of the rencontre with the unfortunate G4otleman at the Bar ; if the Jury.' should he of opinion. that the shot he received at that rencontre was the cause-of is death, there could be no 'question but that the Prisoner was guilty of that wh:ch the law called Manslaughter, and which was' properly described in this Indidment. Both t h ese unfortunate Gentlemen, the deceased and .the PriSoner, were men of rank, the deceased a Colonel, and the Pris Oner a Captain in the Navy, and they were also the objeas of the affedion of those who knew them. He had nothing to say against the Priioner further than related to his having given to the deceased his death-brow in a duel, for he was only the instrument of-the fami. ly of- the deceased, who brought this case 'forward for the determination of a Court of Justice; and he had nothing to do l.nr e n Li‘r 0:180 before the JOry, and they, - .under the dire of the Bench, would disposed it upon the- evidence according to Ow rules of laws t•le- then proceeded to- tecite the circumstances of the case as they. appeared in' evi. (knee, and said that he should prove the case as'he !rail-S tated it, and then he should leave it for the Jury to draw the conclusion. He felt no anxiety at all upon the subjed, neither did those who sent him into Court to condlta the case ; their only wish was that the law shOuld be administered, and he had nu' doubt . that the Jury would give that verdil which. the law would call upon them so give upon the evidence," and which the interests of Society called upon ,them to give; and be could not help ex. pressing a hope that the event of this trial, thus brought ;about by , a,fatal accident, would be ofoil.- titnate advantage to Society; by causing- the evil which produced it to be diminished. Mr. ICNArr then called his , Witnesses. William Sloane, Eq.--(1 I was. in Hyde Park on Wednesday, the. 6th of April instant, between' . four and five in the afternoon, on horseback; in pany with Colonel Montgomery, -the deceaSed, and another Gentleman. A Newfoundland dog fillimcd Colonel Montgomery. I afterwards saw another dog, which belonged to Capt. Macnama fa, and there were three or -four Gentlitnen near that dog; the Prisoner at. the Bar was one of them. It was he, tween the Bridge and the Barrier,' flit. dogs - , he'-' gan fighting. They were Newfoundland- dogs. — I observed Colonel Montgomery turn round and . get -off his' horse to separate, the dogs:. They were separated: I. believe by Colonel •,Mont. gotnery., I heard Col. Montgomery ask, "whose dog is this ?" Captt Mactiamara. said, " that is my dog.", Col,. Montgomery- said, " if you tin note call your dog off, 1 Will 4.tock ttitn. Capt. Macnthitara said, " have yon the arrogaoce to say that fodwill knock my Ling downs".' Colonel' MontgomerY said, a yes, I will knock: the dog down if it falls upon mine again." About this time my lArd Burghersh came up, and the, same sort of conversation was repeated, and, I think, I beard the word "arrogance' made use of'agam.' o Mr. Justicelisam asked, " who complained of the expression , of arrogance P ' A, 4 (,-It was not 'complained of." - . Q. Who Made use ofit - A. 44 The Prisoner, Capt. Macnamara."—Abetit this time some people joined us, ,and weprocd , :d on 10 PiCC4ldi4, all of us. Col; MODlgOthvry 10 . Ciipt. MI0)411100, " It ..wasnot .my eitilirrel with you, but if your dog I:11k up in mitiO; l will knock him down," or wor(b. flea, ly to that effed.. We all went towards Piccadilly, and we took leave (ACV- Montgomery at the top of tit. James's-street, With intention of going house. I turned round and saw Capt.'Naenamara, turning back to go . dowti $l. j;nnes's-street, and at that time We were going up Bond.st rect . , and had 'got a little way : gal. Montgomery went down St. James's. street. I afterwards saw the Prisoner and the de ceaied, and othera, in jermyri-street, but not very near, perhaps thirty yards distant. - A person, rode up, to Col. Montgomery, and s.p . oke to him,. hut it was iMpossible for- Capt. Macnamara ter hear what was said same Gentleman rode back asttin_to, d, l ifi iii:lfiit4 . i i iii: fdo tfoilinii tir i nci diai e';ri. , ... tihnln kvai, 'NA . I hive Since heatd it wfts. Car,t.iin Harty: What pissed at this time J c 9 :4,1' nut iledr, -OM - ci-gss:exaniination 1i) Mr: ii.ko-..:, chi: Gentif , ..man said " there was no reason to suppose that the s dog had been set on to fall upon. Colonel iVronigomery's dog." al . • Mr. justice HEATH said, there was no supposi. tion of the kind. , . . The- Witness proceeded, on the examination of Mr. ERSKINF, to say, Captain M4cnamara was dressed as - a-Gtntleman,, and had every appearance of a Gentleman and Colonel Montgomery said to hini,." If . you do : nn-t call. oft . your dog, I will knock Itim down.. l l'.44tt!not see that 'he toOk'his hat off when he "sikke;''ittlit desite'Capfairi namara softly to tiike :his ilkit off; nor any,thing of the 'kind-: hut he 'saii4;: If'You do'not - take your dog off, I will knock him. down." He did not say that in a gentle manner, but I do not.thiok he said-it in a very loud tone of voice. Captain' Mac_ - namara said, " Have you the .arroganee tolay, you will knock my dog down ?" shit ColUtiel gomery said he would knock the dog dlwn if he attacked his, and he said to Captain •MaCtiamara, " that,if he was offended, he knew where to find him." _ _ _ _ _ ....... Stephert Slowit, Esq. brother of the last Witness, gave evidence to the same eff-di. Here Mr. GARRow,' on the part 'of the Prisoner proposed, that all the rest of , the WitlieS , Ci should he called to hear this evidence, and to ask if they concurred in the account, it) order to save time and trouble, but, Mr. Justice HEATH desired Mr., KNAPP to go on examining the Witnesses in the usual way. . Mr. Sloane added;' that niter the dogs had been fighting, Colonel Montgomery said, "-I will ktm.oc that dog down if he uses violence to my dog or words to that effe. Captain IVlacnamara.came up and said, If you knock that dog down, you must knack me ,down afterwards." Colonel Montgomery made some observatioOs, which 1 tao - not exactly recoiled: - he said :to; Captain Macnamara,'" This public place is not the proper place for the adjust ment of •any dispute i my name is Colonel Mont. gomery, you 'may know where to find me.", Capt. Macniur e qa said, " My name , is Captain Macna., mara, of the Royal Navy.", Colonel Montgomery then observed, that Captain Macnatoara could not suppose that he meant any Offence to him by de. siring him ID call off his dog, or by saying that he would knock die dog down. Captain Macnamara then obsetvell, very nearly to this effect—" That he did not find himself offended by what was past, but if Colonel Montgomery did say any thing that was intended to offend •him,- he would take it up with the greatest 'eagernes," or words to that died; but I cannot give. the very words, because at the time other people came up, and desired me to say what hid,happened, which took up, part of my attention, 'I recoiled Captain Macnamara using the term airogance,". • several times, to Colonel .Montgomery, saying. it was arrogant. Colonel IVlontguniery had. said rather harshly, " Call off your dog—Cull off your tiOg ;". but it did. not ap pear to me that he knew. Whose dog it was when lie • " , . . Lord Buithersh gave also an account Of - as much of the affray as he saw,' for he did not come up 'at the beginning. 41 When came up," said t his Lordshipi " Colonel - Montgonpt y said, " Very wellySir, I said; 1 will knock your dog down if he - attacks mine." Upon which . Captain IVlacna mares answer was, " But your desiring me to ,call off my dog was not language to be used to, or by, a Gentleman "—I do not ,know which. Colonel Montgomery said, " If you feel yourielf i n ju re d, you.know. where to find me," Upon which . Capt. Micnamara said, " No, note 33' to what has yet happened, but if you will so) , any thing to affront. me, I 'will rake it up as soon as any -roan in. Eng land." Colonel Montgomery said, 6 1' It is not my intention to quarrel* , ith you,..;but I must adhere to what I originally said—lf your dog attacks Mind, I will knock him down." . - Charles Smith, was in• the .Park, on Wednesday the 6th of April, in the afternoon. 'I was going between the tbarricr and the' road. 1 saw the deceased Colonel , Montgoinery there, with ...other Gentlemen, ,four or five other Gentlethen were riding by the barrier; At that time two dogs were fighting; they kid been fighting before I came up. Colonel Moivgrimery,. whom 1 had seen before, turned hack and got off his horse, and,' standing over the dogs, he said, he would knock the dog down. lie did' not. 'strilee one. of the dogs.; thee separated. Captain Macnamara then rode up, an d said to Colonel' Montgomery, << If you do knock the dog down, you' must tak:: the consequence, or knock me down fob." Colonel Montgomery then said, " Why did not you call your- dog off," Capt. Macnamara replied, ti No, Sir, -I do not chOse to -call my dog.otf, and I will not be dietated-to by you or any Man." Colonel Montgomery : got on: his horse immediately. fie then said, " Well, Sir, if your dog fights mine, 1 repeat to you, 1 will knock him doWn, and you are very welcome to know where to find me—As a Gentleman you might have Called your dog off." Captain Macnuthara said, " No, Sir, I did not chose to call my dog off. I chose to let'Thin fight; and I. tell you again, I will not be did:tied to by you or any inan, ought to know, now, Sir, where - to find you for tenat you have already said." At this. time different persons Caine up, so that I had .not an oporiunity of hearing what passed. - 1 did not know 'Colontl -Montgomery b e fOre, thongly I had seen hitay.nor d:d .I.know Captain Macoamara. cross.examiaation ,• by Mr.. GARROWi he lie was not called on to lie .examincd before tht Car Oner, he was called on .to be examined he. fore Sir Richard ,did not . go hefore Sir gichard - Ford of own aceotd ; he sent for. me, and 1 teak to him. J, know nothing at al of either of the Parties. Thol#ol 141 Cb, servant to Mr. Dean,' a Stable. keeper in Bond-street, gave .tn account of his going with a chaise to Dover_street on Wednesday aflernoon, of the 6th of April instant, of his taking the chaise first to Captain Barry, in St. James's Street, of that Gentleman pulling out of a h ! tekney. coach a case, and putting it .in his ,chaise, and going to No. 8, Dover.street, and afterwards of Mr. Heaviside, the Surgeon : owning withbanothet Gen. ihom . it not now. • of it ,Ica . . goins _together into th 6 And Mt; orditing him to - Chalk ram; Which the \\rimless did :tidt. know hitt after soul?. &sec. ti Ina, .he drove . ther. - He pdlled tipi rind a Gen:: tiernan l?eni out. in'a.shott Hold afterwartibi tainairty got out of the chaise, and walked tp to • ilre field - with the Ge.ntiermtn with one arm; but what pita, the Witness . did not. know.. In a short af:erwatils Mr.' Heaviside got out of the: chaise, and they, all walked in the field together The .Witness then went to the public-house and got sthne beer. He said, 'that s afterwards Colonel Monigotnerr was hi-ought down, and that was is about twenty ; minti i tes or half an hour after they went into the fieldi Panid Fair! ! A post..tior, belmiging to Ifni Three Kings in Pictadilly, gave an account 'of bio going. with a chaise to.Chatk Farm, also at the,sathd ;time, and his seeing the : Other cbtisc there said he saw the parries in the field at Chalk Farm: did-nut heat a word spoken ; but after they had got into the field, -he,heard the report of a pistol tied; but not rittre than one.' He - saw two per.. sons standing, just before the time of the report, With pistols, in their 'hands, and there was Mr. Heaviside, And a Gentlethan with one artn: tHre was oneGentleinan who might be standing three of 'four yards from Col. Montgomery, and another the same distance front Capt. Macnamara 'he saw Col. Montg,othery'fall, and he was with hint.in a, mo: Mon, 'as he might Say - when he came up,- Mr. Heaviside was there, putting a bit of lint to the wound ; and anotherGentletnan said, that Capt. Macnamara was Wounded. . Mr. Heaviside desired Gentleman to„ pct his nand to the wound, with the bit of lint, while he went to Capt. Matinamara to .put a bit Of lint tin his wound. They did not both fall : only Col, Montgomery fell: Col. Mont. gomery did not die then :.. he was carried. up stairs, in .the house near the place ; Capt. Mitcnamara was helped into the chaise, and taken to Bhke's Hotel, in jerthyri:street. It was almost dark when the Gentlemen cameout of the field'. • jame4 Ilardiak _stated, that he .: resides in James's-street : he was at .Chall: Farm on Wednes. day evening,*the . 6th of April, and saw. the patties in question, Capt.' Macnamara, Col. lkilonigortiery and other Gentlemen ; they ascended Primrose.hill : he did not know what the business was at first: he followed them. One of the party, he thought Capt. Barryedesitedh servant to bring the case out of the post.chaise. It was then about half past six o'clock ; he was about fifty yards di , itant from the parties on the he saw Sir Wm. Keir and Mi. Heaviside • in some private con'ersation some of the other par, ties were also inconverYation : he •saw them prepare the, piltols, Batt could not exAttly tell 'which of theM one off' the pistols was previously dischargitd, for the purpose,' as he supposed, of aFeerraii i ing what condition, it was in : he did not• recoiled by' whom. The parties separated : the, distances Were, taken : Col. Montgomery and Capt. Maenamara both fired : they stood at the distance of about is iar 15 yards : • they stood fiice ; hoth the pare ties fired abbot the same time : he saw Col, Moot. rmwzr y : Capt. nieriamara did not fall: the sVitne,s „then: went uir to the patties; when he i!atne op,: ,he :abscised Col. M ntgotnery lying on the ground ; Mr, licaviskie was assisting lire opened Col. Montgomery's waisteciat, and look.. ed at the wound. Mr, Heoiside admix istered what relief be, eb Lthi. to him. While Capt. Mitenarnara, was bleeding, the Witness did not recoiled to hear. him (the Prisoner) desire Mi.lfeav iside to go to the a'ssistance„of.theiColonel. The Witness assisted iiTf carrying Col. Montgomery 'co the hackney-coach. the'Colouel, seemed at that time: to be quite lost ; ,he, was groaning and his eyes were axed; he hai every appearance of dYing Flu after. wards saw the corpse olCuL,M,, mtgor n er r, Lord Buigbersb was called up a secAtime. He 'stated (is a reqnisite formality) that the' Ch t eiStian riaoll of Col Montgomery Was Robert; that he a6erwards saw his co'rpse, which was that of the identical Col. Montgiimery who was engaged in the quarrel with the Prisoner in tii;: Park. c.L.e for the Prosecution being closed, and the Prisoner upon for his defence, .he begged pertnissiim sit while lie read what he had to ad. dies's, to the Court. being granted, Captain kIACNA4 . I - 4S.A read a written paper, of which the folloxing, is it copy : " G6NTLEMF.4 or TUE JURY) , (‘ I appear ,before you with the consolation that.. rny, tharader . has already been delivered, by the verdict of: a Grat4 Jury, froin the shocking imps . tati()ll Of murder ; and that ,although the evidence. was laid before thein t without' any ex. ionorev iLL:nce of the sells:Awns which brought ute iniai my present milk/Ty ,ituation, they made their ,own impre . ssion ; and no charge of criminal lanuicidewaS found,winst me.. I. was delivered at once 'from the whofe eTekc.t of. the indiCtment. •I theiatoto ti . 6 %, stand ISfore yc.n. upon the incrtaition only, taLen before the coroner, upon the view the body, under cifeunistan,es extremely affecting to the minds of thOse who we're to delibef ate or , t h e transa.diOn, and without the opportunity, which the benignity of the law attiir4 the at this inomenl, repelling that inf.:it:nee of e v ert sudden ItStilte kgainst dr::easeti, which is the foundation of this inquest of manslaughter. ' ' fife origin of thc difil:rence, as you see it in the e‘Ntlevt . ..e., I.V3S the heat of two persons, each defending an anitnal under his I , r.itee. tion, was narar:il a an:: con!,l not have led to Joy qt)tictiVetti;e3. It W.!, not, the deccaseWi f•Nling his o‘C , n cll., or his threatening to deslroy chin , that led ta';‘, - , - e fAtal ca , iistrophe. It Wil3 the d.,::ianc,!, atone, ivliiclt inJ:t unhappily ‘iecompa.. flied what was said : words revive their interprei, taiinn from the avowed invention of the speaker. off:nce was fore, d upon tin., by the declaration, theft he invited ine to be Wen:fed, iirldvhalleng63 me to vindicate the offence, by cabins' upon him for sit.. tisfaetion.-1-4‘. If - you - are offended with what has passed, you kno* Where to find me," Then words, unfortunately repeated and reiterated, have over and over again been comidered by Criminal COWIN of JuStiCe as sufficient to support an indietment for a jutigniettis of Quirts are founded upon the universal understandings and feelings of mankind, 4pLi common candour must admit that an, Officer, hoVvei , er'ilesirOes to avoid a cpaucl, simian