The Sun. — London, England, 1804-05-17 00:00:00

-1\ 1 41 7 ,AL NEWS. FALMOUTH, ,MAY 4.—Arrivecl the Prince Ernest Packet, Pirtt E, with Mails from' the Lee ward Islands. Left Tortola the tit ult. 'accom panied by His Majesty's Ship St. Lucia, which she parted with the'following day. Also arrived the Princess Charlotte Packet, KERR, with Mails from the Leeward Islands, 29 days • from Tortola ; nei ther of which P-ckets bring any particular news. Also arrived she American Brig Friendship, Czpt. YArttts rts, S 6 days from the Cape of Good Rope, bcund to Cowes for orders & , g with sua , r. co fee, &c, detained by His Mojcsty's Ship La-Topat, and sent in here. The Captain reports, ihat pre vious to his sailing, Ad r miral 'Artois' Squadron had arri ve d at the Mauitius, and were taking in Troops about 2000 Troops Cape f or B atav i a. had s a il e d fr om t h e The Outc:i Troops were dai ly deserting at the Cape ; and it was the general opi nion there, that if 'a small British Squadron appeared off, it would immediately surrender. The Prince of Wales Packet, with the. Mail for tisbon, is detained by contrary winds. PORTSMOTJTH, MA.Y z6. - -:Arrived an outward_ bound Fleet front the. Dawns-, under Convoy of His Majesty's Ship Orpheus ; a Fl eet f rom Oporto; and the Brunswick, MAux, from Norway, propped down to St. Helens His Majes t y' s S hip Chiche s t er , of 44 guns, infi'exih/r, of 64 guns, and Prosperous Bomb. Came into Harbour, the Juno and Harmony Transports. His Majesty's Ship Ambuscade is appointed Con_ voy to the Straits. Sailed the Prosterity, HoUNS'DALF, for Guirn *ley. , LYmiNcrobt Frigat e , MAY 16 . ---Sailed the Ez":Y d;ce and H w ith . the Fleet un d er Convoy, fin Quebec alifax, which put into Yarmouth Roach. HAItIVICH, MAY / 6 . —The Diana Post Office Packer, Captain 0,130, and the Auckland, Capt. 1441 ' 11 ` 1 °ND, sailed direaly airer the arrival of the It/Lils from London ; the Diana for Husum, with the Hamburgh and Bremen Mails, and the Auckland for Got tenburg. YARMOUTH, MAY I 6.—Proww Anna,Wl L L EMS, fr9rn Keel to Amsterd am , w i t h timber, sent in 'h ere hy the Constant Gun brig. Arri ve d the monmouth, o f 64 rns, from Ports. Mouth. Admiral Russ Er., hoisted his Flag on board 144 '2 1 ' 4 47"-Tvlng. ;rd rtzlzioi w i t h ;II Tel:Clutl-bri ina three Cutter s: gs Sailed the Ferretter Gun.',,ig, an a Cruize. DEAL rartar --2 IVIAY t6.---Arriv e d t h e Fury, Zebr a , us, and Zep.., , from'a Cruize - off the Coast of France. Sailed the Perrou; us , on a Cruize off Boulog ne . In the Dow te ran, ns— Monarch, Ut rec h t, L eopar d , Ardent, Ve. very, Virgini, Immor ta li t6, Crescent, Luci'er, Dis co - D )+lillbroeit evastation, L ar k , Zephyr, Fury, Tartar.:, Zebra, , and William transport EDINEURCHI MAY i4. , —Yesterday arrived in Leith Roads, the Elbalion Frigate, C apt . C HARLES STUART with the Union Dutch Brig, mo unt . few d a ing 16 nine-pounders ; whih Vessel he capt ure d a y c s since neat Bergen, after a shot= c h'ice• The Union is "the Bri g t h at, in .company with a Corvette oftB guns, and two Schooners of smaller force, had an aaion in March last with the Anse-. :hyst Frigate, near the same place. The Corvette was in Bergen when the Ethanol: left it, blockaded by 'the Chitfonne Frigate, Capt. ADAMS ; d of th e S c h ooners was supposed to be lost, asan one she had p r oceeded t o H o ll and with dispatches, but had since b een heard of. not Ra ear -Admiral V tur ASHON arrived i n town on Sa. dy, to take the command of the Naval Depart ment at Leith, in room of Admiral BLIGHe On the 6 th of N Soli ov ember l ast , the Rm oh:haw, a country Bombay f rom MuCaptain •Mecso, arrived at scat rr, , where she had bee n block ed u p b y the Atala nta F rench Frigate, of 38 guns, 6nof Admiral L i Nois ' :try on the 1 Squadro n , w hi c h l eft Pon. (help4th of July, i n the expeaation pa with a of receiving Distche s over-land from France, and n inten t of establishing a Resident at Mus cnant,w" }a "ded horn the Frigate immediately her aTrivais This French Agent not being permitted to hoist the French Flag, returned on board, nor was the French Captain permitted an audience ( f the ImAum. The Frigate having got her water, sailer} on the 13th of Oaober, but was daily seen at some distance off the Port, with an intention of ca me the. liahem'sbarw, if she attempted to proceed on her voya,,e. Capt. MEG sou remained till the Frigate disappebared. The Cap_ t ai of the Frigate applied to take elle Rab'msbaw from her anchorage off Musc at , ; but this was posi tively refused. The Atzlanta brought presents also for the SULTAVN, which were immediately. return. ed. Froin inquiries tnade of the Frenchmen in the LAura's service, reapeaing the trade, it was sup pkeed that the p Atala nta was to make Diu Head, and roceed along the coast to Bombay, in expeaa. tion of making many captures. The King ofJo. Jo. H ANNA, his lamily and suite, arrived in the Rabeni. and landed und:r a royal 'salute. ROYAL I NSTITC)77O.A% MR. OPIE's LECTURE ON PAINTING. THE proper curiosity to learn from the Professor of the Art of Design, his own notions as to the prin ciple; of the Art, and his opinion of its origin and progress, brought a very fashionable, and in many respells a critical Audience, on Tuesday 'evening, to the Leaure Room of the Royal Institution. Mr. Onla prefaced his disquisition by the best apology which could he made for a Lecturer who should write without literary attainments, namely, that they would be, at all events, the opinions of a man conversant with the Art. Something of real moment must occur in the experience of a Professor, and this would be useful, in whatever language it might be conveyed. But Mr. OPIE has found, happily, we think, a medium style, equally distant from excessive refinement on the one side, and indiffe_ rence to all ornament on the other. Style has been well defined by GIBBON, as the charaaer of the mind;, and On' e has written precisely as he paints— firmly, nervously, freely and variously—without either spruceness or negleCt, affettation nr vnlgarit. If I. am asked, said he, where this art originated ? I answer, emery where—ln all climes and in all ages : no people can have existed, too rude to have perceived' and formed some resemblances to living objects. In the shadows from the human figure, in the accidental likenesses found impressed upon different substances in the natural world, enough would be seen to sug gest imitation,' and produce a rude and imperteCt outline. To Greece, however, he particularly re ferred for the refinement and consummation of the Art ; and he expatiated with equal truth and do. quence upon the glories of that Mistress of the mental world—that pure source of every art and elegance, which can improve and adorn the human existence. Upon the suhjea of the standards and criteria of Art, he adopted the Legislative test of BEN THAM, and maintained UTILITY to be the firm basis upon which all great examples of Art were ereded, and on which alone they can stand.---,To change the figure, utility was the only chart which could guide us from the bad taste of the Chinese and the Flemish, to the pure and perfeft forms of Grecian Art. He referred to this stanchird the Venus Medici, the Jupiter of Phidias, the Hercules Farness, and the Laocoon. All the objeas of Art seemed to him to admit of being classified under the two heads of Beauty and Charaiter. He was highly complimentary indeed to the Ancients, when he men tioned the two most illustttous names of the mo derns, MICHAF.L ANGELO and RAFFAELE. Upon the doubt expressed, whether io dll the parts of Painting ti ~.y equally excelled, as in colour, in chiaro. oscuro, and relief, Mr. Or tft gave his opinion in the afffil ma ti v e. When, upon the head of Beauty, he mentioned the Poetical Landscapes of WI t,sON, every hearer tvarmed with the just pride of patriotism--E. gland also pro. duced the most illustrious Professor Charader ; and Mr. OFIE hardly thought he needed to add to the hint, the name of HOGARTH. The ins ances which he enumerated, tecalled a thousand more — indeed a redundance of proof, that. this philosophic Artist had seized all the classes and casts of human being, and ueitvered the Art 41110% us from mono. cony and inropidite. Mr. Or the. 1.4%i - inc.'s and arrogance to which the Professors of his deg •ful Art are perpetually exposed. Upon other Arts, some study is usually thought necessary, to enable the Speaker to expatiate ; some in iterials are usu ally acquired, and brought to the formation and produdion of a judgment ; but upon Paint ing, every man, every woman, nay, every child, suspected no deficiency, and pronounced an unblushing decision. He remembered a person, by no means below the common run, who told him, that notwithstanding the admiration of woo years, he could find neither grace nor majesty in the Apollo Belvedere : the only answer that could be made to this presumptuous ignorance was, in course, if that is not the Apollo's fault." To this slight and very impeded sketch, it is with concern we add, that Mr. Or i E does nor Lee,: turre.—any more this Season : though he felt himself so highly flattered by the approbation he had met with that night, as to say, that he thought he should turn his views to a Series for the next year. ' A melancholy instance of self-destrudion occur red yesterday. William Ellis, a young man, twenty two years of age, the son of a respectable grocer in Holborn, terminated his existence by shooting himself through the head : the circumstances which led to this fatal and dreadful ad, it is said, origi nated in an attachment the deceased had formed to a young woman, whom his family did not consider a suitable match for him. Between eight and nine o'clock in. the morning he breakfasted withltisfather, during which a quarrel took place on the subjea al luded to, and the young man rushed out of the room apparently in great anger; but no suspicion was en tertained of the horrid design he meditated. Within a short space of time after his departure, the report of a gun was heard, and the alarmed father rushed to his son's chamber, which presented a sight too distressing to describe. The unfortunate youth lay lifeless on the floor. It appears he had taken his rifle-piece, the muzzle of which he placed to his left ear, and touching the trigger, the piece went ofF and the ball went through his head. Surgeons Were instantly sent for, and came with all possible expedition, but assistance was useless. The de ceased belonged to a Rifle Corps. Yesterday an inquest was held at the WTheatsheaf public-house, New Gravel-lane, before Mr. UN- W / INT, Coroner for Middlesex, to take a view of the body of Mr. Smith, who had hanged himself by means of a pocket handkerchief, the preceding evening, behind his house. The Jury having consi dered the case, returned a verdid of Lunacy. The Ticket No. 19,338► as first-draw n yester day, entitled to 20,000 1 . was sold at the Office d Messrs. HAZARD, BURN Et and Co. Royal Exchange, in One Half, One Fourth, One Eighth, and kwo Sixteenth Shares. Tuesday night, three tradesmen, of the names of Smellie, Oliver, and Barker , in Rat c liff e Hi g h w - ay , had theie prem i s es broke open, when a lar ge quant i t y v, of linen, wearing apparel, and fu rn i ture were sto l e by thieves not yet known, life KS's HALL, CLEI?E.^ENIrE'L. SoProm, and Po.rtledvtoo;te, emi nent Bankers in Loitbard-streer, were indi6ted for wilful and corruFt.perjury, committed in an affida vit before a Master of Chancery', oppoSing the Cer tific,:te of Wm.'Tnner, a bankrupt. Mr. FIELDING, who led the case, in an eloquent and able speech, stated the circumstances to be as follow : Mr. Tanner became a bankrupt, having himself been formerly a partner in the house of the Defendants, and the Defendants under his Commis_ sion, proved. a debt of 314z1. He afterwards ap plied-for his Certificate, which the Defendants Op- VOrd i before the Chancellor, on the ground that they claimed a debt of 30001. above what they had proved'. The Prosecutor assigned this part of, their affidavit as perjury, alledging, that they had never made any such claim before the Commissioners. Mr.II.IELD ING said, that this would be proved, first by the Papers under the Commission, and next by the Oaths of Mr. Tanner, and of Mr. Charles the Assignee, who would both swear that they attended all the meetings of the Commissioners, and that no stich cLim was ever made. In evidence, the pro ceedings under the Commissioners were put in, which Mr. BLOFIELD, the Solicitor, said he re ceived from Mr. BLEASDALE, the first Solicitor under the Commission. But it appearing that they passed through the hands of a clerk, who was not present, Mr. BLEASDALE was called to prove that the proceedings were the same ; but his evidence xtt a sneedy end to the case, for from him it ap. mired, not only that the claim was made, but that he was the hand whith wrote it, and gave it to the Commisrione;s. FFELDI*G admitted 'that he could not go further with his case. Messrs. GAR!).OW and ERSKINE, who attended for the Defendants, animadverted on the iniquity of the indictment, and Mr. FIELDING was about to reply, when he was stopped by'Mr. MAI NW AR N who said, " You, who are the Learned Counsel on both sid.7s, may talk a great deal about this, to warm the imagination ; but the Only thing that can be said is, that this is a prosecution for Perjury, against three Gentlemen of the City of London, of very great eminence, and who are universally esteem ed ; and it appears in the result, that there was not the least, the most distant shadow of foundation for the prosecution. That is as much 'as can be said oii any man." OLD BAILEY. FIRST DAY---WEDNEsDAY, MAY i 6. Tests day the Sessi , ms commenced here, befoie Mr. Justice GROsE, Btron GRAHAM, the RECOR DER of the City of Lindon, ar.d Mr. Alderm.tn BOY DELL. A very young girl, of the name of Maria Fore, was tried for priva:ely stealing about ren yards of printed cotton, in the shop of Mr. Johnston, of N rton Falgate, linen:draper. It appeared, how ever, that the article charged in the indiament was lying outside of theishop-door, and the girl was.ac quitted. Mr. Justice GROSE observed, that there wan a V. *Y • !I shop-keepers placiwg their gt-.).0s outside of their doors, as, besides the temp tation which it afforded to persons inclined to steal, iL Was a nuisance, inasmuch, as it was an obstruc t 't) to passengers on the public highway. The next trial which was worthy of any public notice, was that of Robert Clajton, who was charged v , !h stealing six silver table spoons, value 6!. the voperty of Mr. Charles Incledon, of Covent Gar. den Theatre, in his dwelling.house, at Brompton, in the parish of St. Mary, Kensington, on Wednes. day, the 9th inst. at about a - quarter after three in ifterneon. Mr. Incledon identified his property ; but ac kAowledged that some imputation of blame might be'la'.n.l against himself, in some of the circumstances irTii,:‘• led to the theft, and which the Court, per. -:night be inclined to think would operate in tf , ation of the offence with which the Prisoner stl7-3 charged. He had been in conversation with Mr. Cioke, the Performer ; parted with him at the door of the forecourt or garden before his house ;. then went to speak to a neighbour, at a little distance ; le - tying all the doors open behind him. Miry King, servant to the Prosecutor, described thecircunastances which have already been mention. 64 in the Papers,'ol'her laying the cloth for dinner; sting a stranger going out ; Missing the spoons ; athe wiving the alarm. .12: Taylor and L. Winter, two journeymen painters, who were at work at a house next door, swore to the fi.;:t of 'the • apprehension of the Pri sonei-, and the spoons being found upon his person, or de;,:vered up by him ; and also that a pot of cur- Was found in his pccket, but whose pro p::-.s7iat. was, or why be bad it there, not accoun,ed for. a Mr. RECORDER summed up the evidence to the Jury, and stated his opinion of the point of Law in volved in the case before them . .--Stealing to the amount of .}ose in a dwelling house was a capital felonr at law, and would deprive the Prisoner at the bar of the benefit of clergy. He had been seen going.ut of the house ; he was never our of sight until •h property, which was sworn tcl, was found upon his person, or given up by him. Of the fafis he thought, there could hardly be any doubt, A 3 to the intrinsic value of the silver, however, exclusive of any idea of the charge of fashion, some of them tnig!,t, perhaps, he better able to judge than Mr. Incedon was. Upon that rested the principal part of the case, if they .thought that the other fans were tv,f;iently proved to convince them of the guilt of the i-;isciner. _ _ The Jury deliberated about ten minuteN, and then returned a verdict--Guilty of stealing Et, the amount of 399. Harriet Robinson, Maria Parker, Mao , Blake, Patrick Cooling, Walter Dixon, David Fitzgerald, Richard Lee, ,lamer Lee, William 'Prances Turner, Ann Wilson, Edward Ting, George 11.1uz zark' , alias Muslin, Ann Sondell, Frederick Bove'', and Veorge Bentley, were convidt..d of felonies ; and were acquitted, L A'i V RE:POi.T. COURT OF KING's BENCH; i'vrAv 16. PARKER k✓. . e wife of the Plaintiff went to the shop of Mr. Goodwin, who has two places in Holborn %vivre he disposes of jewellery. A gold ring had been im pounded at the . one, which Was taken to be disposed of at the other. The wife. and the property were detained on suspicion, and taken before Mr. LEACii, a Magistrate in Hatton garden. She in.. formed the Office, that her husband, the Plaintiff, eXpeaed by a waggon certain property, which .I,e, ing suspected to be stolen, it was the duty of the Hatton.garden Office. to inquire into the affair, — This duty devolved upon the Defendant.. He went and entered into cpnversation with the Biok.keepece at the waggon office, and intimated that he was the proprietor of the goods; in consequence of which the Plaintiff was deprived of his property ; and this A6ion Was of Troyer, the Defendant having on, lawfully converted the receipt for these goods, which had been confided to him, to his own use. Mr. Fitsic.trTE, for the Plaintiff, stated the foun. dation of the aaion, and tlw injury sustained, which he proved by a variety of Witnesse-s. Mr. GAaRoW, for tl,o Defendant, observed, that the nature of an Aiaion of Troyer, required that it should be proved that the effeas, whatsoever they might be, were .unlawfully converted to the use of the Defendant ; cod he contended, that the latter was only a.hling in his unicialseapacity, and that there was nosuch illegal application of the goods. Lord ELLtril3Ok:WG - 11.-‘ r In ..his case the max, is deprived of the receipt for his goods, which goods he could have obtained through the mediulO of that receipt. To this extent he is injurvd. The ac"tioo is brought in the proper form : it appears in evi dence, that the value of the goods was 51. or 61. and your-verdid to that amount will probably do jOcticc . between the parties."—Verdia fur the Plaintiff, Having copied a statement of the following Came from The Tina, we tae the earlicst opprtunity of correcting the tendency of such injurious repoit:, ; - )y inserting a corred account : SATURDAY, MAY 12. HABEAS CORPUS. Mr. ERSKINE, on a former day, had obt4neti writ of liabeat Corpur, to be direaed to Mr. De Manneville to briog into Court his daughter, Ca roline de Manneville, a child of eight months old. This application was made by Mrs. Dc Manneville, under pretence that the Father might carry it to a distant part of England, or out of the Country, Mr. TOPPING, an the part of Mt. De Manne ville, moved that the return which had been made, to this writ might be file!. The return was read, stared; that the Chi d was brought up, in abedtexce to rile writ. This beautiful and healtiit Child was brought into Court, in the arms of a rnost tes i n4table nurse. Mr. Tor" , INC said, it was now to be dechhal the Court how this Child was to he disp,aa' 01; He submitted; that the Court would ot !er this Chill to remain in the custody of ti's Father, which ;r wt. • ; frt.? ' l '7! rity of the case of Mr. Litten, which was before the Court in 1771 and 1781. In that case Lord Mansfield said, the Court cannot, at any age, take a Child from its Father. He therefore submitted, on the authority in that case, and of a great many others that might he mentioned, that Mr. De Manneville was entitled to the custody of his Child. The writ was obtained on the idea that there was in the atridavitean express declaration of an inten tion to take-this Child to France.. He had looked over these affidavits with the greatest care and at tention, and could find nothing in them like such a declaration; but only fears and apprehensions ex pressed by this Lady, without any one reason what ever assigned for them. Lord ELLENBOROUGH here desired the Learned Counsel en the other side to point out those parts•of their, affidavit on which they relied. Mr. ERFKINE, Mr. GAAROW, Mr. GIBBS, &c., direded the attention of the CoUrt to those parts of their affidavits they had selecled, and commented on them with great abilities; and Mr. GAR ROW par- Ocularly dwelt much on Mr. De Manneville being an alien, a - native of France, and on the cruelty of taking the Child from its Mother, in inclement weather, and driving it away in an open gig ; and also stated, that Mr. De Manneville had brought great deal of money to this Country, which he, the Learned Counsel, did not know what he meant to do with it. But they were not able to produce one fa&, from which the Court could infer that Mr. De Manneville meant to carry away - his Child. The two principal affidavits for Mrs. Dc Manneville, were both made -by the Lady herself, and only stattid groundless fears and apprehensions. , Loral ELL1:Z7.13011.0 UGH etizerved, that ~ :icse aid nut touch any rhe Child, which . in to. Meonly thirh . t;a: Courr-,• s then inquiring Me_ TOPFIVG was heL,T-,ning, very ably, to - statr: the affidavits which Mt: Dc Manneville prtadueed, in answer to those on the other side, when the Lord Chief Justice told him, as this Lady had no ground before the Court to induce it to grant the application, it was totally unnecessary to give himself any trouble. Mr. ToPr 'NG said, he was afraid that, from his wish for the accommodation of their Lordships, and , that public business ;night go on with convenient speed, he might have done injustice to his Client, Mr. De Manneville, in-not fully stating his case, which was supported by his own affidavit, and by a great many others, which had been shown to the other _ide. These affidavits, he had said', should be filed.. They'proved, that this injured Dui op pressed Gentleman, for such he undoubted;: was, was not the person that had been de7 , clibetrlv . the oth r -r Side. He had affidavits from many of .he military and commercial Characters in thi: Country, who had 'known him many years, and c.‘ . .0 stated him to be a Genticm:!n of hiah rank art ;'tOn)ur. When Mr. TorkrYo was thus proceeding,. Lord ELL ENnotto UGH here interpo'ed, and .!'alt,l k no inference to the disadvantage of Ma. De vine can be.drawn from circumstances that do rot apply to the particular case before us. The Fdeli , r is entitled :0 the legal custody of his Chill. It he