The Sun. — London, England, 1804-06-01 00:00:00

Stret, who said; that Thomas and George Dorrien were not partners ; that he has frequently sold the Stock of George by the ordera of Thomas, and that George always ratified it ; thia has occurred up wards of twenty tunes in the course of a year. Lord Er, T,EN BOROUGH, in summing up the evi dence, observed, that this was an anion on a con tract, to recover compensation against the Defen dant for the breach of that contract ; it was brought under the Bth of George 11. and was materially useful in preventing gambling transadions in re_ sped to Stock. The mode of dealing in this COM modity differed from all others. The Broker is em ployed to go into the market to sell Stock to a cer tain amount : he does not name his principal ; it is enough.- if he produces him on the transfer of the sum contracted for. The Plaintiff' in this case, it aN pcared, had not 20,0001. stock ; but he might not have performed his contract with Powell, and then he would have sufficient to make good that to the De(endant. If the name of the principal was men- John Mohan, otherwise Larkin, who had been guilty of several desperate robberies and a murder, in the neighbourhood of Drogheda, has, in con sequence of an information received by the Mayor of Drogheda, been apprehended for the atroci ous at of robbing and murdering the post-boy near Newry, in the month of February last. — Several of the Notes have been passed by Mohan, and his accomplices, in Crognabo and the adja cent fairs, which are in the hinds of the Mayor.—Mohan, we learn, has confessed the above robbery and murder. On his wife's person a diamond ring was found, which had been inclosed in one of the stolen letters. They were apprehend ed belch Newry, where they had lately resided, and w ent by the name of Larkin. If Bank of England Notes are advertised in the Irish newspapers to be sold, would you not call the price paid for them a premium ?—lt might be so called, but it would still come to the same end, whether you call it premium or exchange. If the Bank of England Notes were current in Ireland for the internal circulation of Ireland, would you in that case call them hills of exchange ?—I should suppose it never could liappen that a Bank of England Note should pass as currency in Ire land ; if they were to he met with in Dublin, or any other part of Ireland, I should not consider them as currency, but as being similar to a bill of exchange payable at sight on London, which bill of exchange, however safe; from the respetahiliry of the parties, I conceive could never be conceived as the currency of the country. Supposing there was one consolidated Bank for the two countries, would not the notes of that Bank pass as current in each believe not to any great extent ; the reason of paper passing as currency arises from the facility of turning that paper" into maney, and as that facility is much greater in the neighbourk,:ad of the Bank, which issues paper, this in my opinion accounts for the preference that is generally given even to the paper of country banks over those of the Bank of England throug,hout England, except in the vicinity of Lon- üblished by WlL.l4.ki Aa MI CZR. SCR xi . (of South Molton-street, -Cro",venor-squarc); LONDON Printed by BUCHANAN W MILL AN , (off low-litreet, Covent-Gaiden); and P Paper, L At the SON.OFFICia No. 11 2 1 Strand ; where Advertiscmtats, Order.; for the etters for the Editor, &c. (poi.t.,paid), must be athirctzed. _ D lIW. to , ,i' ' cic, ° P. Yesterday, at Park-House, Brompton, Mrs. Bro`."- Twee a, forty-live years. On the sth ult. at his ho use ha Berwick -upon' Ralph moister, Esq. ~••••" ____....---- -~ ~~ ~ ~. : - ,„,, LAW REPORT. i. 2 - 4 1 - rCrri, o.J , • 3iTTINGS ' . OREBE LCIR.D ELLENBOROUGI-1..1 f i Witt* .' •." T ti.o nix S D F., IN n: THIg was an Anion fora:breach of:cOrttran - ,,anct - t-lairaiff sought , compensation in damages agaiuSt. , , he-.l)etendant for not fuifillirg , ,liis contrad. ..- -.lt appeared thatron2,the .lazion>..eircutated a,report, as if from- the: Secretary • .tr:'s Office, that:a I. 3 2re , between this'Country , 1 1 . .,Vrance would immediately take ,pl,ace,- upon the funds rose considecably. Thc,,PlaiotifF, s case, direaedhislae broke_ r, 4Ylr.Stfer,. to sell 0 , . $ per cent. consols,. for liiin.on-t-liat..‘l4y, cc rdingly sold . 50°01. to one Powell, : and to the Defendant, and. which Was to ~1?e transferred on the Tuesday follo‘y..ing . ,..,being the ioth. The falsity of the report was discovered a short time after these engagements ,took place .; and the Defendant, wishing to be quit of his bargain, re. fused on the Toth to fulfil his contrail : upon which the Plaintiff was obliged to sell. out at a great loss. Nathaniel Towl, a clerk belonging to the Bank, proved that on the . sth of May the Plaintiff had Stock in the 3 per cent. Consols to the amount of 18,5751. and that on the i6"th of the same month they were transferred to one Recardo. . John Stret, the Pl?intiff's Broker, deposed, that he was employed by the Plaintiff to sell is s oool. Stock, which he accordingly disposed of to the De. fendant, to he transferred on the Tuesday folloW.. ing. On the morning cf the loth iTuesday),i the Witness applied to the Defendant to fulfil his'con. tray}, but he refused, declaring he would abide by the restitutions of the Stock Exchange, which had made all the bargains of that day void ; and therefore he was justified in not taking the Stock. Witness communicated this answer to the Plaintiff, who desired him to sell the Stock as well as he could : he, therefore, sold it to David Waters, to be transferred in the name of David Recardo. On his cress-examination by Mr. ERSK I NE, he said, he did not see Mr:. George Dorrien at the time • he received the order from Plaintiff to sell 20,0c01. Stock : when he -did - see Plaintiff, he' gave him the account of the sale, and (!ireded him to make out the transfer to the Defendant s losoool. of Plain tiff's Stock and 5-ocol. out 'of his brother George Dorrien's. Fle.couid not say whether George Dor- Tien was present s -and concurred in those directions . . or not. The bubble had not burst for half an hour after he had rendered the account; he never said that the Plaintiff had •a good reason for selling out inumdiately ; he told Defendant of his intention to re-sell the next morning on his account ; he then said, it was the general course of pratlice to go to their employers, and to. know how the account is to be ascribed : it is generally not known to whose names the Stock is to be put until sold ; it was quite imAiaterial to the purchaser from whOse name it was transferred. Mr. ERSK INF, in the defence, commented at great length upon the statute on which .this action was brought : he observed, -it was of infinite value to put an end to the ruinous bargains made in the Stock Exchange. IThis afflon was brought, not by Thomas and George Dorrien, as:co-partners in trade, not as co-partncrs in - Barking; .but in the name of Thomas Dorrien alone ; nor - did it appear that George had any Stock at all, or that Thomas was in any way . constituted the agent for George, or had any autho rity to mix with the concerns of George.r—This, he said, was a case of consPerable hardship -on his Client; the 3 per cent. Consols were at 641. when -some infamous /person, for a wicked and mischievous purpose, thought fit, its the name of the Secretary .of State, to report there was to be an immediate Peace: the Stock instantly rose from 641. to 741.. -At that moment the bubble burst, and the Stock again fell ; the statute, he contended, provided that the person so selling shall anually have the Stock iransfer of his own property, and the purchaser shall have to the full end of the day to fulfil his con_ trait. The Plaintiff had sold 50001. to Powell ;he had not sufficient 'TO make good his contraCt with the Defendant, and therefore it was incomplete ; it would be a sale of io,oool. by Thomas I)orrier. The last witness bad no reason to believe he was selling any Stock but Thomas's. The Learned Counsel then quoted the case of Agasiz last Term ; there the Piaii,Liff was able- to point out that he had Stock sufficient. Lord E.LUE.sisoanucH observed, it was a mere question of L;iw, whether in this case the Plaintiff could make. good his contraft according to this Sta_ tuie ; he therefore would reserve it fur future dis cussion. Mr. ERSKINE said, lie intended putting it as a matter of fkt to the Jury, to try whether the Plaintiff was ataualiy possessed of Stock to fulfil the contran. This was a valid contract for to,cool. Only ; he proceedS to a resale on the loth, and there wds no proof of a legal tender and refusal by the Defendant on that day, ,so as to authorize him to sell ; he would put it as a matter of fart to the Jury, whether Stret sold 15,0001. as for the Plain tiff. Lord ELLENBOPOIJOH again called the Witness tinned, then the Stock should be transferred from hips alone. The jury were to consider whe . cher' . the Plaintiff had that agency, and ". if t h e Defendant refused to fulfil that contrati,...the seller was . holm& '0 wait . till the ultimate period of the day ; „but Wthe purchaser„ peremptorily refused, then the ,seller was at liberty to dispose. of his Stock ' when he'liked. In that case, the jury would find a verdict for the difference between the. original con_ tray made by the Defendant at 7511. and the sum far which the"-Plaintiff was afterwards obliged to. sell them for, which was 641. - Tire Jury found 66z1. los. for .the Vlaintiff. GEORGE DORRIEN 'V. HUTCHINSON. This was a similar Adion to the formcr. The Stock sold was goool. Verdid for Plaintif, 3311. SS. BOTT , V. ELLIOTT, PYBUS AND CO. The Plaintiff is a Calenderer and Presser, the Defendants are eminent Brewers. The cart of the Plaintiff was, at six o'clock in the evening, last winter, loading at the warehouse of Mr. Dickens, an Army Clothier, in Streatham-street, Blooms. bury-square, when the caravan of the Defendants came by _loaded with malt. Notwithstanding the street,Was only 19 feet. to inches broad, and the tilted — Cart of the'Pl'aintiffstond across it, the cara van. proceeded with Opt notice, from which neglea 'the Wheel pressed on the font' of the horse in the 'cart, and completely separated the hoof of the'ard mal. 'Consequdrice of this injury he died in a few days. • • Nlessrs, EttstclNE and JEttvls, fur the produced testimony to these fats. Mr.:GAR ttow, for the Defendants, said, that it was not sufficient to chew that the injury to the horse had been occasioned ; that the pruof in two particulars more was necessary. First, that the in jury had originated, from the caravan of the .De. Pendants; and next, that it was not the neglefl .of the Plaintiff's carter, bet the negleCt of the driver Of the Defendants ; and he rroduceci testimony to establish that the injury sustained was by a hack— ney coach which preceded the caravan of the De fehdants. L-)rd ELLENBottouct-i.---" This is an Anion for damages for the loss of a horse, on the ground of negligence in the carman of the Defendants. A very serious complaint may be founded on the careless manner in which carts are abandoned, and it will be for you to consider if the cart of the Plaintiff was so deserted as to exonerate the Defendants from the consequence of this Prosecution. If you think the injury was occasioned by the neg,lea of the De fendants' servants, then you will have to ascertain the value of the horse, and give your verdia ac cordingly. It seems at least dear, that the age of the animal was t wenty.one years." Vetclid fur the Plaintiff, 301. UOTAINGWANT P2NVYMM.V. It is to be regretted, that domestic contests should be introduced into Courts of Justice. The Defendant had married a daughter of the Plaintiff, and the question was, whether 561. were a debt, or whether it was a consideration given for the near relation sustained by the Defendant ? Mr. DAMPIER, for the Plaintiff, proved the sum paid ; and Mr. Ginßs, for the Defendant, endea. vowed to establish that it was a gift, not a debt. Verdia for the Defendant. DUNDEE, MAY 25. YESTERDAY morning arrived here Admiral Pin ! LIPS. He is thus far on his Tour along the Coasts of Scotland, for the purpose of inspeEting the Sea Ffmcibles, and other Naval preparations; The Magistrates, in the afternoon, gave him a splendid dinner, in GORDON'S, at which, by invitation, were present, Major-General M'DoNALD, his Bd. gade Major, and Aid-de.Camp'; Captains LAIRD and WARREN, of the Royal Navy ; and the Field Officers of the Cupar Fife Volunteers, who are now lying in pudhope Barracks. The Magistrates pre sented the Admiral with the Freedom of the Burgh. • DUBLIN, MAY z 6. IN the 3,1, or King's Own Regiment of Dra goons, now doing duty in this City, there are a Quarter -master and Subaltern in one Troop, who have served upwards of seventy years. The erecting of a Telegraph at Rochestown, near the remarkable Obelisk, is in forwardness. There will be some Batteries formed near the same place upon the Coast. Such is the laudable vigilance•of Government for the protedion of the Subjel, that no spot whatever upon the Coast of this Country, it is determined, shall be in the least in a defence less state. We hear it is the intention of His Excellency the LORD LIEUTENANT to review the entire of the Re gular Troops, and Yeomanry of this City on the 4th of June, being His Majesty's Birth-day. Last week a bullock was killed in Belfast mar ket, the carcass of which weighed 9 cwt. 3 qrs. lb. EXCI: lANC.E WITH IR EL AND, EXTRACT FROM 'MINUTES OF EVIDENCE Taken before the Committee appointed to inquire into the State of Ireland, as to its Circulating Paper ; its Specie and Current Coin; ;iid the Exchange between . that part of the United KingdOm and Great Britain The Right Hon. lOIIN FOSTER, in the Chair. • -•' tantiltued from our Paper of Tuesday:), JOHN FINLAY, ESQ.:. BANKER AT DUBLIN, EXA MINED : Knows the Bank of Ireland cannot take more than 5 per cent. on discount. What has been the priaice of your Bark respea qng Discounts, since that institution ?—Our house 'discounts at the same rate, and I t elieve it is the •pradice•of .all other Banks in Dublin, who.issue Notes, to do the same ; 1 speak only of good paper in course, that is, from 21 to 61 days, sometimes more or less. Is that the current rate on discounts in Ireland ? `—l speak only to Dublin. - • • • Is it custornafy for merchants to charge 5 . or 6 per cent. on their accounts ?—Six per cent. I be lieve. Do 'the Country Banks discount at 5 or 6 per cent. ?—I understand 6 pet cent. Is money easily to be borrowed at ,6 per cent. upon landed security in Ireland ?—lt depends on circumstances. What interest' do Exchequerßills bear in Ireland ? —5 per cent. WALTER BORROWES, AGAIN EXAMINED• , What is the price of the 34 per cents. and. 5, per cents. in Ireland? -34- percents. 67+ with interest added from December 25th ; 5 per cents. 90.1 with interest from Michaelmas. JOHN FINLAY, ESQ. . Does not a Dublin Rinker conceive he is. ton. ferring a favour rather than receiving one, when he lends money on bills at g per cent. ?--I have i:ot that feeling as a banker ; I am obliged to any one -who comes to my shop with good bills to discount. JOHN LATOUCHE, ESQ: A MEMBER PRESENT, • I.,furmed the Committee that his house in Dublin does not issue notes; and they discount at 0 per cent. on all transadions. ANOTHER MEMBER, SIR JOHN NEWPORT, Informed the Committee, that their house. do issue notes, and that they discount at 6 per cent. in Waterford.. RENJANIIN WINTHROP, EeQ. DEPUTY GOVERNOR OF THE BANK OF ENGLAND, EXAMINED. Have you heard or read of the opinion of Mr. Borrower respecting the consolidation of the Banks ? have in part. Du you not think that if the paper of such con solidated Bank was to he current in each kingdom, that it would becorde a common circulating medium between the two ?—I think not; the Bank of Eng land never issues its paper but for a valuable con. siieration, or what it esteems to be such in the way of discounting bills, and advancing on Exche.. quer Bills; the Bank of Ireland, or any person, may procure Bank Notes now to any extent, if they will pay for them; but unless they do pay for them, the Bank of England can never issue Bank Notes for the purpose of making a currency in Ireland. Is not gold a common circulating medium be tween the two Countries ?—I see no other than aelual money. Can that aetual money be obtained without giving full value for it ?—lt-cannot. If it cannot, how is there more difficulty in ob taining Bank of England Notes than in obtaining gold conceive it easier to obtain Bank of Eng land Notes than it is to obtain gold. If a sufficiency of Bank of England Notes could be obtained by Ireland, would it not have the ten. dency of lowering the exchange ?—lf they could pay for them, I conceive they would be like a bill of exchange on England, any person wanting to remit money to England, would take those English Bank Notts perhaps in preference to bills, as they are payable on demand, but I du cot see how they could get there without being paid for. Have you heard that Bank of England Notes in Ireland bear a premium ?—I do not know of it. . , . If they do bear a premium (which is the case, as has been stated to the Committee), equal to the price given for guineas, would not they answer the purposes of remitting money- to England equally as guineas would ?—I should not call that g►ving a pre. mium, I should call it exchange. If a premium of 10 per cent, was given to pur chase gliineas, should you call that a premium ?--I should. don ; T 'ld 'Link lhe Bank of England blitls would never pass as currency in Ireland. be Is your opinion then, that there could ant he , branch of the Bank of England establish ed in iiso land, which could answer the purposes of fret as to give a circulation of paper there ?---I am suaded there could not ; And whilst the exchangj n a so much against Ireland, such Bank of Eq` a- d Notes, though attempted to be passed t here, an, w be substituted as currency, wo uld immediOTY find their way over to England, and be remitted O r such as had occasion to remit to London. t ie Supposing the proposed plan of consolidati n g It two Banks was adopted, and a number of Eug lis 6 - Bank Notes to be issued in Ireland, in exchange for Irish Bills of Exchange, which shoull bey es %- achly equal to the number of llnik o f _Tr Lc now part ( . 3 c f ir t t h n o l s a e ti E ng oo t i l s ie h re ß , an s k vo N ul o d te n s o p t e exchange, would they not be withdrawn from cit.- England as remittance, for the sake oattr.ii7fisiirld'eo'entlibliii -culation in Ireland, so as to render that circulitil, proportionably less, and would not the Bank England have to pay in London a sum equa l to the flank Notes so transmitted ?--Whenever the change is against Ireland, which is always the con' sequence of a balance against Ireland, suc h Not e s ° being payable at par, would all come over to Ent'" land. Do you not mean, that such a number of Note would come over, that would be, sufficient 1 2, 1) ::. that unfavourable balance ?---Supposing these IN )) • were to come to England for payment, I am tniseue'; 'post- that the Bank of England has alrea4 paid for those Notes, for, if not, Ireland 'l. th e still be indebted in the same sum to England &ink of England advances money on a ccount of I r ic land, she is indebted to England fur th e wh° amount it pays. Supposing the Bank of Ireland to make the Not e -which itissues in Ireland payable in London, in g i n f fish Bank Notes, and to be provided with 111 ' 65 London for their payment, would not such oblig c a . • tt t t s 7l t irn, o ke., , pay ?e—L:l. ~..lalsriilasoslui should' Bank the p r o N p o o s t e e d s in co ri L s o o n i i t: E l ohn h a v v o! he rather suppose c fi rte l id : n u lk ilej ej d as ... the same effect, as a cash account with the Bank of Bogian a ' rcrwtv:on ing them with funds beforehand, 'and drawin g the same as their demandkrequired, which they _ now do ; but I• do th n e o i t 'r s e , s ee en b t o l l an t k ba o t f alter the exchange. • • A s • What difficulty exists for using English .14°t ‘ .- as a circulating medium between the two Coun trie ; which does not also apply to guineas ; both the (S : sti and the other bearing a higher value than I f t Notes ?—The guineas must be paid for, an Bank of England Notes must also be paid 19r. 1 ,0 You are of opinion that no consolidation o f the • - Banks is practicable ?—I am.• bl 4 Are you not of opinion that if it were praCtic°fo; it would be useful ?—I think it would not be use ati . Is there any arrangement which could be It; between the two Banks, that could be of wards lowering or steadying the exchangeo think not ; for the only cause I coricaive i tl 1 crg high exchange, is owing to the necessitY 0. P-. appears of 'emitting a large general baiAn ce t land. (To be cottinued. I SPORTING INTELLIGENCE. YORK SPRING MEETING, TozsoAv, MAY 244 Sweepstakes of zo guineas each. —T wo miles' Lord Fitzwilliarn's Orville, 5 yrs. old, gst. - - Lord Darlington's hr. c. by' Ormond, 4 yrs. old, Bst. - 5 Mr. T. Robinson's ch. c. Maltonian, 4 yrs. old , Bst' Pt Mr. Garforth's b. f. Zara, 3 yrs. old, 6st. itFo.. Mr. Nleilish's b. c. Sancho, 3 yrs. old, east. db. ,-„, r• Mr. Darley's b. I. by lioniilgbrough, 4 yrs. old, Bst- 2'.031:0' 6 to 4 against Ormond ; 2 to r and 5 to 2 against nian; 3 to t against Orville, who won easy. - - • Ey accounts which have been received at, t n c rif from the Upper Proginces, it appears, that ti o of PANG litrE had been attacked in defending ape the north-west passes, above • Tevho, against at' of 3000 Insurgents, who had made a desPella:sty .tempt to possess themselves of this impor t3n t; rCe' two. The out-posts were assaulted with soc,,b the ness,. that they were soon forced to fall ba c k :eIY min Detachment ; and the night bein g c% tr- , tv urn• d ark ,rendered it very di ffi cult ' to ascertain tlt e l o ve ber of the assailants. Some lights or roelc eis A i the ing been thrown up (as is the eastern riler'°-' a nd General observing the disposition of the Col `t roops tt, findingretreat, nd h ‘t a vit t i i k:oee n i o eud a lei r fi an t lr i e l p l artillery, orderedposition am o s t r1 : 11 c r° r - c0 . ( c ),3 11 4 ` , command lirgiPies the (' h from the pa whence ss, itti i " : l c i r'v n () ; l3l34 iron field.pieces. The Enemy advanced, ' t oe ' hers of them were cut off before they t e i t o gr e ,i c treat, which, about day-break, they ri',„`" n confusion. The vielorious Troops t " e a nd P LIP down upon them from their fa3tnes ses, sued them into the forests on the Froncic rs : — ;:f o er d tl O the plain covered with the slain.' Sev ringleaders are supposed to have p erishe • anion. Further particulars were daily expee afr d e ri F e r r id o a f y vc a i l i s i t c 0 J rn a h m , e s w D en a g t g w e i r t , h anhis i s n o d n u s t t o r i ‘ o s d i s rs ci it t , for the purpose of obtaining some plants he l o v. want of from, his brother ; in whose garden, i f a dej ing been injured by rabbits, a gun was kef"; M e 00' for the purpose of destroying them, took up to examine. U:SortunatelY the pit oge4 • off, and its conte-nts, pas.sing through the left , in the right thigh . of his father, who.e &ad) Wa' melancholy consequence the next day• which thwent SHIP 'NEWS, . ---,... CR4V,FSEND, MAY 30• ' ,-. 3 01; 11°f Passed by—the Char!cum, —, from Sena]; .`-' Nor' Ilaryey, from Demerara ;_ Count Hibernia, ---, Vr°}l,liettet way ; Isabella, -,--- from Nleinel ; and) ong ti a ''' „ Overhand, from Catwyck. . ga p , Salled—the Eliza, Perry, for Gibraltar ; St. l'atricioriiiP for Dublin ; Catharine, Williamson, and Vrow Ca! Skeinp, for Embden.