The Sun. — London, England, 1801-07-07 00:00:00

ff2- 5 - 4 We,„, 1„.• NA PAL 4; > NEWS. N6v imperium pelagi, sanuansts tridtxtors, AU% Higi :Ott datum. TORBAY, JULY c. tiiday evening last • His Majesty's Ship La Ywre touched at Torbay, when the Captain put on 4 luire his Lady, with their carriage and sexvints, 411 (1 the Ship sailed again immediately to join the Channel Fleet off Brest.. Arrived yesterday His Majesty's Ship drgo, and teTains I,vith the Majestic. the Majestic havitz taken on board a quantity ef live bullocks for the use of the Fleet, will nil the first opportunity. _ • 1' A IZMOU7:H; Jui _ . . sr tk DAy arrived i YarMonth Reads, the .74 rehorre, LARct.ar, and Nile,' •FtsnEß, from Demerara, .bound for London : they are part of the West India Fleet, from which they parted cam_ Paßy in a gale of wind) . and value North about. SHEERNESS, Jur.Y 6. , Lot evening arrived His Majesty's Slip thrift', Capt. HA.RVEY, aad Daphne, Capt. MATSON, from the Dowels, Sailed His Majesty's Sloop jalouse, the Hon. Ittßs t , f or Yarmouth. Abe Dethae has come into Harbour this day. CORK. JULY Z. irtt,trepAv evening his Majesty's frigate the ~rlen,ore, Captain TALBOT, arrived at Cove, with four merchant vessels, part of the homeward.bound West India. Fleet, which had berm captured . by Zr 111 Pereve French Privateer, on the 24th ult.--vi;. th e Pbm, of London, Captain Hey/LAND, from Z(lartinique, with sugar, coffee, &c. the Prillor;a, Of ditto, Captain lizAcocx, from Surinam, with totton and sugar; the Cecilia, of Dublin, Captain Clit Pll4, from Charlestown ; and the kno-indian, of Bristol, 'Captain Stmooorr, from st. Vineents, bOth with cotton and sugar....lt is reported that the Crewmen , was, at one period, within .a very small distance . of the Braaw, who, however, escaped, as she has hitherto done, by her superiority sailitlg; upon this alone she appear* to depend, if she always declines an engagement. . very hot press has taken place en the river tIlYvaY, and'at the Note. All the Ships of War al . x feT imni,diate service at Chatham andotiberire *ass, Are etti n g r e ady for sea with all p The Bat av i an Fleet will, it said, pat to sea on Z,'.e first fav oura b le. opportu iity. A great num b er of roops are colleted in the vicinity of Boulogne, to be embarked on board the Flotilla of Gurt.boats dai l 7 expefted there from Havre. . H i s M ijesty' s Ship Th,seus, Capt. joliN !s ordered to Yarmouth, in order to reinforce the Fleet under the command of-Admiral Dlcrtsotr. Rear. Admiral DA - CBEs is appointed to stiperin_ tend the payment of His Majesty's Ships andVes *els at Plymouth. His Majesty's Pon a Sloop Trimmer has been found, survey, totally unftt for service, and has been sold at Sheerness. Captain 1 of ' A bits VA , tinti has taken the command the t Dreadt;ought, and Lord Viscount GARLIES command of the Bellerophrm, at Portsmouth. It appears that the quantity of Criine in France is, in proportion to the extent of the 'countty, greater than in any other part of ;he world.—According to documents received by the 'Minister of Justice, the Criminal Tribunals of the. Republic pronounced 618 judgments iti the month between the zt st of April and tlie zist of May. They sentenced, of I t ! " ""nlbwr, to death,. 62 ; to imprisonment- i n rons, I ;to solitary imprisonment, 31; to the rack,- t ; to imprisonment, 16 ; to transportation, 3 ; to imprisonment, 184 ; -- they acquitted i 5 r. There remained 993 cluses for trial at that period, .and there we re in confinemen t . on accusation 2002 per_ sans; • , , . We do n o t reniemoer to have seen, in any prece dents 1:1 • Love-letters, one similar to that written 13 3' the Marquis of BLANDF.ORD to Mrs. STerr, which concludes— . " I hope Charles will write me word when you arc con- Cited. The season is uncommonly fine : -wheat fell 'flan thilliPer a quarter at Reading last Sat:erday. - Remember Ilea to Charles." ..• This, with the pipe of Madeira sent to the husband, seems to imply that the , Marquis thinks, -with TR R ENC P, Sine Cerere et Batcho friget routs. Mrs. BILLINGTON was certainly offered two thousand pounds and a benefit 'at the Opera House. 13.1NT1 is engaged for two years to come, andit is, very creditable to her feelings that she had agreed to . asume the virile habit in order to give full scope to 'the talents of thc English Syren. The Drop Scene at the Opera House, which took Are on Saturday, is a very beautifUl allegorical l'ainting that must have put the Manager to a con. ti derable upenu,.... As . the fire_was almost im.. 4 'ediately extinguished the Scene ma y st ill be as (I 'o - 41 as ever. The subjed is worthy of an En— g'47ing from one of our best Artists. JIM STUR 4072": TI E 3t4RIVES OF 134;WD 'O'RI) The late trial, in which Mr. SrusT as Plaintiff sued for damages for the injury done him in 'the dation of his' wife's affections- by the Defendant, the Marquis of BLANDFORII, has produced a Pam phlet from the Plaintiff in the fdrin of. a Preface to a Report of the Judicial Proceedings, in the Court of King's Bench. Mr._STURT, highly indignant at the imputation thrown on him by the ATTORNEY_ GENERAL, of conniving at his wife's adultery, has thought proper to enter into a history of the , ac quaintance subsisting between him and the Marquis. From this history, with which all who feel any curiosity as to the subjea must be gratified, we extraa some fans. Mr. STOAT', speaking Of t h e A TTORNEY GENE ' RAI, says, he charges me with going to bed, and leaving Lord BIANDFORD with Lady MARY ANNE alone. • Lmay have done so ; it was from illness and severe suffering, - after what he called a sousing in the sea. Was there any impropriety in trusting the woman. I placed unbounded confidence in, whose brother Was married to his Lordship's sister ? Gra. cious God! what is become of all principle of honour and friendship, •if your wife cannot be trusted ' alone with a man conneCted by ties of relationship in my family, on the most intimate and confidential tooting with myself ? How could I suppose treachery from the one, or infidelity in the other, under such circumstances ? My allowing Lord BLANDFORD to drive Lady MARY in a curricle, to permit them ate-a:tete in a Carriage with none-to - observe them, to leave them when I sailed; all these the ATTORNEY GENERAL laboured to impress the Jury I did with a. view to Countenance and encourage Lord BL DFOR D'S cruel designs. It required iheingenuity of the ArtoR NEY GENERAL to convert these circumstances into a charge ofcrimiaality against me. • " There is not a man .in the world who would attach any guilt to a person for permitting his wile to drive•out into the country with his friend, 'or leave her with his friend's wife and other company in the houie, - While he partook of his innocent amuse ments • , The Charge of the ATTORNIY-GINERAL .against Mr. STVRr, that. he was a'" cold-bloOded Man of Madrira,-..wbe bad been eating and drinking.-of his Wile," Mr. SruitT highly risents, arid asserts, that the Marquis compelled his acceptance of it, though he offered to pay for it ; and that it was by no means an extraordinary present for a . man, who owed him . so many obligations for his hospitality. Mr. STURT concludes-his Preface with this acknowledgment :• The only obligation I ever felt myklf under to that Nobleman was for a loan of zool. unsolicit ed, unasked for, and tineXpeeted ; it came voltinta rily from himself. I did feel obliged to him on that occasion. Being at an Hotel, and having taken a house, I wished to get into it, but, not liking to quit the Hotel till I hattsettled the Bill, I had made up my mind to remain till a sum I expected in a fortnight was remitted. Lady MARY knew my reason, and I have no doubt now, that she men ioned this circumstance to Lord BLANPro RD,. for I could never account for this voruntary offer in any other way. As it would be a saving of five and twenty Guineas or more, I accepted it, and in consequence removed to my house. I did. accept this loan more readily, because I knew his affairs had been settled, and he assuted me he had nbt the smallest call for it - ; and at the same time, earnestly requested me not to return it till quite.coir,eniet:rt. But, God knows, I did not accept this paltry loan trotn any base or dishonourable motive : No, I pos_ sess the pride of a man too much, I valued my ho nourable cOnnections, I'esteemed my own honour, charatter, and reputation, too highly, ever ro suf ,fer it to be handed down to posterity, that I was a man capable of the meanest and most despicable profligacy I in my conscience think a man could be capable of—=a baseness . that, I think, should deserv edly stamp him as an outcast of Society." To the Trial .are annexed the Letters addressed I,\;, the Marquis of BLANDFORD to Lady. MAY• :rotrr. As neither the syle nor the subject is 'such as commonly falls within the ,tauge of our reading, we shall present our readers with a few, extracts, without comment. It seems that Love, which, according to the Poet,, "subdues all things," does not exempt from its triumph' Common- sense. No. X. " Friday. " My astonishment and misery at 'not hearing from you, my dearest Mary Anne, passes all bounds; .tell me, I con jure you, what I can do to regain your lost allettion, and I wits do it, should it be worse than the rack. My senses are nearly gone ; but still it is inyour power to relieve a fellow- creature ; so pray, pray_ spare me, my dear : I tear to say more, though I could write volumes. . Adieu! " All you can wish, 7 " BLANDFORD." No. XIV. " White Knights, Friday, jahu?ry p. " I think I may safety write you a private letter now.- 1 know not how to address you, but rather than to put any thing ill-natured'or cross, I shall put nothing at all. You may . safely fancy whatever will give you most Pleasure ; for to give you pleasure is, and always has been, the study of my life; and I can say more, always will be. judge what my, feelings must be, interested as I am about` you (for thss you know;, to be kept in total ignorance about you. I that am uneasy, when ,you are not in a critical situation like the pre sent one, it I do not hear often about you ; how much more acute my feelings must be now I Surely' I gave a very good opportunity for your daughter to write to me, and surely she. might have said how you were in her letter ; it is a fortnight to-morrow since I have heard froM Cr)tchill. Oh ! dear me ! " It this letter remains, like my former ones, unanswered, I cannot help it ; I shall however have one small consola tion {arid small indeed in comparison with having lost your afteCtion), rmean that of having omitted nothing which could possibly bring you to a right understanding respecting me: me, who, let what will be your sentimerits,have never ceas edland to the loss of my peace perhaps I say it), never can cease haying any other •entiments for you, but the greatest, love and truest affeaion, grafted upon near ten years ac- . quaintance, and now strengthened by the nearest and dearest of all ties. I need not explain more; I cannot really - say more, and believe me I feel more than I utter. Give me not up then, dear Mary Anne. Pray, for the love of God, do not take any thing amiss in thlsletter; . for, so help me God,- I wish it to convey to you only what can and must be pleasing to you, if you still Loire me, or have ever done it; and how can I doubt that ? All my sentiments, dear Mary Anne, arise out of you, and all my wishes spring towards you ; how can .I then live without your affeetion, and now form a new route of life, apart from you ? No, Mary Anne ; it is impossible. Remember, dear Mary Anne, you have no proofs that I do not love you, and ten thousand that I do. My.crime is loving you too much ; a crime which any one may accuse niece, Fxcept you. Now and ever, dearest Mary Anne, Most sincerely, " And truly affeaionately, " BLANA 1:014.11." L'elW REPORI'd COVRT KINC's BENCH, Mom:Ay, luLy G. sITTINGS BECORE LORD KENYON IN GUILDHALL, tONDON. I:N.TESDN rJ. riARTSINCK AND OTHERS. - Tins was an Aaiun upon a Bill of Exchange fOr tool. • together with interest since it became due, Which made the amount tl7l. ros. It Was one Of those pieces of paper issued in thP. yOr 1797; on the credit or what • was called •". The Security Bank," tho.. Partners of which Firm consisted of Messti. Hartsinck, Hutchinson, and Playfair, which Firm;becatne bankrupt, and failed to a great extent, as many credulous people in this Country know • to their cost. • The answer to the Aelion was, riot that this Note was not a fair one, nor that the Plaintiff was not . a holder for a valuable consideration, but that the two Defenclan - ts, Hartsinck anVHutchinson, were cieared of this and all other debts that accrued against- them, from the 28th ofOanber, 1798, when the Commission of Bankrupt issued against them, to the allowance of their. Certificate by the Lord Chanceifor, which - was on the zoth of February, 1799. The Defendant Piayfair had suffered judg., inert to gO by .default. To this it was - auswered on the part of the Plain, tiff; that the Certificate was totally void, by means of the Defendants' having lOst•rnoney at Gaming, that is to say, had lost by speculation in the Funds; by bargaining for Time in Stock, -&c. a thing pro , hibited by the Stature. , by. which a Bankrupt can have a Certificate, and by:which a Certificate is entirely, void. . ' ' • • Mr. ERSK rI, in stating this case to. the Jury, said, that the facility-by which the Law of England allowed men in trade to get rid 'of their debts, 'by the Bankrupt Laws, had been considered, by many intelligent men; to be, in•some cases,, too great ; and it had been thought there were, some things which required amendment in those particulars : that .a considerable • reform was necessary :—The Law; as it stood, however, had provided against some abuses under this head. If aCommission was fraudulently issued, and a Cert flea te was obtained_ by tricking, and by giving some Creditors undue pre ference, so as to obtain their conseit, and that the Certificate waS'obtained to the prejidice of others, ; such a Certificate would be void, aod could not be a bar to: any fair debt incurred previous. to such -Certificate... If the Bankrupt should che 'proved - to have gamed, or lost money by. Speculation in the Funds, to a given amount,. in that case also, the. Certificate would be void. The tatter was the'case now before the Jury. He added, ;hat the Plaintiff' had given notice to the. Defendants to produce all their Books, Papers, &c. belonging to . the Bankruptcy, &c. But it was contended on the other side, that they were in the custody of the Assignees, and „that the Defendants had:no power over such Books.or Papers. - .The Solicitor for the Assignees; a very respect_ able man, admitted, that he had been served With nOtice to •produce these .Books,- &c. ;. that he_ hid given diretinns for bringing them into Court ;• and that he believed they were brought - aeCordingly ; but he declined producing them f , and Lord KE:stVo's said, that thii Gentleman, as Solicitor for-the . As siznees, had go, pOssession . of- these 13q6ks ind Papers confidentially, and he not only was not bound to prOduCe them, but he . would have `aaetl critni nally if he did produce them ; for he could not pro duce them, without betraying the interest of his Clients, perhaps. His Lordship observed, there . was a provision' in the Statute, by which; on appli_ cation e the LORD CHANCELLOR would make : an order for enrolling the Proceedings under a . Cony. mission of Bankruptcy. • • It then appeared,. that the Commission of Bank. 7 ruptcy issued against - these Defendants on the - 3ist of October, 098; chat Hartsinck's Certificate was allowed on the 7th of November ;798, and that Hutchhison's was allowed on theloth of Feb. 1799. 'Lord KENYON said,' he . was sorry to think' that some-, thoughtless people' had involved themselves in great - - difficulties *by giving credit to stuff like this, that had issued from the Security Bank, 4nd : that some millions were now afloat upon it. Stanley Leeths swore, that he was employed in the house of-Hartsinck and Co. previoUs to their Bankruptcy, and that he was a confidential Clerk its' that House, employed particularly to make out their accounts. Mr. Hart,inck himself told the Witness, "_That he had been gambling in the Funds, a great deal within a year before . his Bankruptcy, to the amount of between three, and four thousand pounds._ That he had sustained loss to that amount by specUlating its bargains for. Time." He had'no con- Nersation with Mr. Hutchinson. On his cross-examination the Witness said, he •was at this ~ time a Private-Secretary to Lord Gwy idir ; that he was . confidentHly employed': in the service of these Defendants before he had the• ho. nour of being in his Lordship's Service, Where-he is at : present. He IR x in the 'serviced Mr.'Hartsinck when these gaming transa&ions took place, and Mr. Hartsinck told him that some of the Commissioners had said it would be hater not to . put the qUestion to the Bankrupt on the subjecl - of gambling in : the Funds ; that Mr. Hartsinck told him some of the Commissioners advised the transaction of gambling in the :Funds to be past, over ,f there was nobody present but Mr. i-fartsinck and the . Witness at this conversation. The Witness then underwent a long cross examination,' in the course of which he said, that he had been in the business of a Linen-draper, but that his time was now wholly, taken up in . at-: tending to the commands, of Lord Gwydir ; that he , had paid 2os. in the pound ; that he had after- Wards, however, become Bankrupt ; that he was at, • present an uncertificated Bankrupt ; had paid . nothing in the pound ; that he was proud to be so, because it afforded him an opportunity of paying his debts, by his industry ; that before he became a Bankrupt• he had been a Money-scrivener, •and lived in Salis bury-street, in the Strand; that he-advertised. once an this charaaer,, bUt that the business he did was of a confidential-kind ; this •was two years age. Here Lord KENroN obserVed, " That he did not chink the Witness would be long with. Lord GWydir.a' The Witness said, it was a Mr. Panton recom wended kiln to Lsna Gwydir ; -that the business of a Mone-Scrivener is to procure money fof those who are under a temprrary distress - ; the Witness had no partner in his business ; the petitioning Creditor under hiS Commission was a Mr. Lidyd ; he had never applied for his Certificate. Leonard Hampden swore he was employed as a Book-keeper in the house of Hartsinek and CO. from March . 1197 to the following May, when they becaMe Bankrupt. That he knew from Mr. Hart sinck himself he was engaged in manyespecUiations in the Funds. TWat he had a minute in his podker i . taken `since the Bankruptcy of this Partnership, .vhich lie took 'because he thought it might become rite subjeEt of investigation afterward, and he made the saMe•entry• in the books of the Partnership by the desire of Mr. Hartsitick himself ; which entry was dated on the 3rst of August, 1197, and Was " . Toloss of 3001.'and upwards on speculation in the Funds, for differencies for . time." - Mr. Harte stuck desired this to be done in particOlar, and .to• lie set down for loss to the whole house, .fOr' Mr. HartSinek transaCted the busine s s of the whole . house. "Mr.. Hutchinson became il e ßankrupt . May 1 797- On crass-examination lie admitted that he 'had: an Action also, depending. upon the same questioti as that which was now before the jury, namely, Whether this Certificate was valid or not ? looking at the memorandum it appeared that the names of Richard Carpenter, Esq. andanother Gene tlernan were included, by which the VVitness meant' to ,have it understood that these two Gentlemen'. were, partners in this transa6lion ; .and the Witness said, that the way in ,which he Caine to communi cate this,state-bf things, 1?y which the Certificate was totally annulled, .to the Plaintiff's Attorney in this . Cause, was in consequence of another Suit which took plaCe in Westminstet-hall ; but he did not .Communicate .this, at tile last examination of Hartsinck, by the Com Missioners. Some further evidence was examined relative to Mr. Tinson, the petitioning creditor, under the- CoMmiSsion, but which 6n - ot essential to -the issue, as it did not go to affcft , the Certificate of Mr. Hutchinson.. Lord KENYON Observed to the Jury, that this' Was an A6tion upon a Promissory Note for root. gni the interest tine upon it, against the three Defend.. ants, who were Partners in the Partnership of which, the Jury had heard already.--The Defendants had taken different lines, of 'defence—The Defendant • Playfairliad. suffered judgment to go against him by default, and - therefore, as against him, nothing re-' mained to be done but to assess the damages.:—As to the other twO, the only :question was, Whether the Cerificate was 'or was not valid ?", As to the Certificate of Mr. Hutchinson, there was no evi dence to shew , that it was not got in the way of fair dealing in trade, aryl, therefore, hewas entitled to a verdict.---The case of Mr. Hartsinck then re mained to be considered—The Aft of Parliament, had by way of humanity provided, that if a mart should render a just and 'fair account, although unable to answer his'Contraas, he should be made free of the world' tb 'try 'his fortune again, which was the substance - of the operation of a Certificate. The Law had breathed its-wish that an, honest though unfortunate man, -might have another chance to live and to - becorne creditable in society--On the other hand, the Law had thrown some fences around the interest •of -the Creditor in this ~case, to ,annul the Certificate of any Bankrupt, if' . it should' appear' that the Bankrupt had lost, a certain, sum of • money by Gaming, of which speculating and bargaining for Time in the Funds was an aggravated species. Now •that this' was the ease in this , instance. ; was proved by the Witness Leeths, if the Jury believed his testimony.. It waS . matter of astonishment to his. Lordship, that such a man should be so conneCted, as he said he was, with the service of Lord Gwvdir ; per haps the relation of master and servant between that Noble Lord and such a person would not, after what had now happened; long subsist—but, • how ever, .his Lordship was not prepared. totally to reject" the testimony of such a Witness, unless there was something to -be set against it: Then the Evidence of Hampden specified a sum which was lost byAiartsinck. It was easy to deted the. falsehood of his testimony, if it was false, for he spoke of ari : ,entry in the Books, which his • Lordship said, although the Parties were not bound to produce, there was nothing to hinder them. If, ,therefore, the Jury thotight that Mr. Hartsinck lost this money by gambling in the Furth in the manner that was stated, ;he .Certificate would be set aside, and he would remain liable ,to the payment of the Note, in the same inanner•as if no Such. Certificate had beenallOwed. As to, Mr. Hutchinson, there was no evidence to impeach his Certificate,. and there should be a verditl for Um. AS' to Playfair, he haVing• suffered _Judgment •to pas- by-Default, there Was' nothing to be, done but .to asBess, the Damages against him. • . . .• Verdi& for the Plaintiff, Damages 1171. against • the Defendant; HartSinck. Damages asfesseid against 4•ec, Piavfair, r t7l. . _ - _ Another Aetion of Harrison against _the:same Parties, under precisely the same eircurustancls,• for another Note. of the same Dare and Athount WA3 tried, and the Verdia was the same. Another, in which ilarri' pcien against the same Parties was tried also.--Verclia for the Defendant. REED V. LANE. This was an Aftion for Damage; for an Assault Committed by the Defendant, a t; 1 11 powerful man near six feet high, who is Clerk (.4-Ca large Salary) to ; eminent,Merchants in Cheapside, on, the .Plain_ tiff', a P4tterti Drawer for Printed Goo h, &c. an undersized and feeble man, as they were corning home from the Play-Howe between twelve and one o'clock is the night, :at the bottom of Fleet street; the Plaintiff's thigh was brokeri. He was fifteen weeks in the Hospital ; he - is not well yet, but very lams. . Verdiet for Plaintiff—Damages tool. Oh Wednesday last - Munday, 'first Coach., man to the Right lion. Earl' SPErvcER, in return ing to Althorpe from Spratten, was unfortunately thrown from his horse and killed on the spot. The NobliVarlhas most kindly provided fox hia widow and children.