The Sun. — London, England, 1801-08-11 00:00:00

FRANCE. • PARIS, AVG. Or ,the 4th inst. at_day,break, AdMiral NELSON, :"••• thirty Ships. of War of all sizes, appeared be fore Boulogne. A division of our light Flotilla Was at anchor 500 toises before the mouth of the Putt. • • The three seaions of the Division were placed along side one another, - without any interval. ' The : Enzlisl;,7l3ornb-VesselS. began the fire ; ours teiurned - i t ; .'hut the. Enemy kept at a-distance from the line of our Division, estimated at 1900 toises. eve,raltings did the English Fleet attempt to ad.. valv e . Our Soldiers cried out to be permitted to board. -Three Battalions were embarked on 'the three scions of the Division: The other DiviSions of the light Fleet were in port, ready to:adsiance to the succour of the Advanced:guard. Our Flotilla kept up a warm and well st.Pported • fire, and at noon the Enemy Were constrained to tAjce their first position out of the range of cannon shot. They continued however to . throvi bombs the number of those which were thrown in the course of the .day amounted to goo ; but they. tiler killed nor wounded any one. Two Gun-boats, uhich they had damaged, were immediately refitted for .service. • -. ' , On the's . th, .in • the morning, the English Fleet -- . : disalpe,ited. Rear-Adrniral LArouctiE could have' ' • 'lone more . miSchief • to the : Enemy; if the weather ha d been-cafm: ". i The intention ',of the English Admiral was p to 4r eenu; AdvanCed . puardtO-re-e'nter the Port, but Ile I• , ' - 9 4 ;not efied'hiSobjeti.. This battle took place .4 "i 6 3 ,- af. ,, the - Coasts of both' Countries. , it is the • fi rst of its kind.` Perhaps the historian May haVe 0 ...• ••.,,., .., re ma r k . - , - 1 / 4 - 9 5 toti - to'iti. !!•—(Moniteu'r.) - - •• . :.= Iv-.)::ts-,; t., ': . ..7• . •• ' - . -•-• . • . , • . ...lit V i b-k1,1 . ,;; , A1,1,d,..4.,The two. principalBivi 7 k 4 ons 'of therteh-Tieet, Coinmanded hy Admikal 1) z ' s Viritsq.lsF, ' - 'lla'ile ' been newly . reldforced by. 4 °'lle Ships of the Line and Frigates, armed•anii ' Atted ,out• in the .Zu . yderee-- and the -itteuse:4- I\lo twithstandit all 'that' . his. 13C6w:said - to the . ( tiritifar.y, It 'is Certain that the 'tatavian Fleet is 1 ' 4 4 to put to sea s anrl that the Crews of all the. Sh ies - of. War Which compose- it are complete. All /he •necesslryariantements . are - nisde at the Texel, at th e Helder, and at' the mouth of - the Zi t yifer*ee, 10 reptll ' se any attempt .that may be mad:. by Lord • NIELsoN on the Dutch Division in the Texel road. .. On the night of the zd a large detachment of our ' Crarrison set itself in motion. Yesterday before daybreak, all thq quays On the ports formed by the Canal, were furnished :with Troops. These mea.: aur'es, of the motives for which we we're ignorant, were intended to lead 'to .the seizure of all Merchant Se amen, which was executed with success. :The men . "i taken, were committed to the Military Prison, ' whence they ate to he sent to the Ports of Flanders: RA:ma oN, Jo LY 25.--Citizen &act' E a, Charg'i . 'let AftiltB of the French' Republic at the Diet of ' t he Empire, - transmitted yesterday the following 'Piece to the Diredorial Minister• at filentz, who ctl nTrritinicated it to the other Ministers,'and made it public by printing. ~ !'tliaACT .oF., A. DisP-ATCH FROM THE - MINISTE-R T C: ' I 3.3",,,,ChaE f IGN,AFFAIRS OF TH F REPUBLIC TO C l 44 ' EA .„13 . ,A c,li. i it... . . ... . ' ~ • - ' " ,Pgris, 74. 4, iBoi. (` 'YOU ' `wift - ye . .goodness the - to complain to v• i ,' ..,.: „•:.n..:,..:?: , -.. ' Oley,_ •- stlln..the English are every where recruit -° • • t:throughoku the 'Empite; manifestly in contra... 'ion Of ilie.ip;rit and of the lettei-of the'Treaty_. of . 11 iicv ilk! ;and you . will require that thestrgiest 'll'a'llres ma - y be ,r4opted• to prevent 'these. illicit re- Crtliti ngs. 'Signed in the absence of the Minister, but • by order of the Chief Consul, CAJLLARD." The Packet which sailed with Count BElNs clitri atiti hisSiiiie for the Continent; was 'brought off CjOree by the 17fmal Dutch Frigate, who or_ I ‘ted her to anchor, and. soon afteiwards a cutter . which took on bwrd the Count and his : Suite, when the Packet was - .direlled to return im .lrlotiately. 'Eight Sail of the Line and a Frigate. It- ii)tielvcer Roads, apparently ready for sea. Comrherce is about to be opened with the .".octs- of the EMPEROR of GERMANY, WhiCh may, e Soffit important eifeas von the trade .with eti i er countries-. The House-of Baron TILN..Eit, at t~s+tna, shipped for England a very-considerable ~1 4 '1 1. miry of Wines, the growth of Hungary and the ‘Arcle o f - Austria: If these importations should ' Pl'ove of the first quality, for. the kiurigarian Wines are undoubtedly the - very finest of all Europe, it , 111 2 . y shake. the fashion of Etench and Portuguese Wines, , 04,..0pen2 a very considerable . b lof ratc , l ‘onutlexcee . the Interior of the Austrian Poriu nions. Yesterttax r aliout one ofclock,,as Mr. MACIR.K, a Queen -street, Oxford street, was passing. along the field leadink from the Jew's Harp house to t linpyteati, a. fellow asked_him . .the . hOur .and after v ialking a short dista n ce, h e d es i re d $/ir. M. to. L t6 l).and deliver, or he would blow his br a ins out. IT.• 1 % :M. perceiving a pistpl undcr his coat, nave the contents of his purse and his watch, with he set off oral- a hedge, and made his escape. THE HAMBURG!! MAIL. VIENNA, JULY 2'5. THE EMPEROR of RITStjIA has re-instated the Legation to the GRoli . Dvici.ofTiiit....Ally-, which. the late EMPEROR had - ordered to be discontinued. in The , sae Russian Envoy who lornierly resided at Florence; will accordingly attend the GRAND DOKE • 't• at Gratz. . , The QUEEN of NAPLES will make short stay at Gratz, with the family of the titAND The new English AmbassadOr, the HoPourable ARTHUR PACET, who succeeds Lira - Mtki.T . l),' was here only two days. - He-paid a vitrairTiohg, others, to the ARCHDUKE CHARLES; .and recei44. his, Visit in return.' He set out on the 23d4pr don, partly on some private business of his own; and partly to'rective by personal cammunicatiOn his final instructions. Laid IVlrWro . *ill continue here till -his return,, which will he in September. Unless something decisive be effeEted in Egypt in the month - of June; the .. War there will probably . be protruded for some .time, as in July arid August= the Nile, by its .inundations, lays the greater . part of Lower Egypt under water. ITALY; JULY 14. 'WHEN the KING of IA arrived on the i th at Turiir f he lodged, at. the Palace of :the .Prince of C4kRIGNAN, and had an honorary guard posted' at his door, On the t jth he dined With the principal Membrs of the Government, and on the tinued his journey. It was on the izth that the Mutiny Of the Military •broke out'at Turin,- on ac count of the_ rrears of their pay. • !The'Governnent of:Genoa sent a 'Deputation : to compliment the 'lilt t•CO Of ETA lA;as he passed the ; Ligurian Frontiers on his way to Parma and Florence. The . liarbour 611 7 eriice fii as• it were,'bloekaded by the English, 'who seare'n alt Ships that go in: . The French 'qatrisons are.iKithdrawn froth Milan and Boiegna. • , • - In the - Cisllaine - territOry a StatripAity is intro, anceci on cards, bills, of exchange, and-.other' public papers. • The three Neapolitan Frigates at Atrconei will sail wither Corps of French Troops on '3. Sec;.fet Expedi.: tion. J FRANKFORT, juiy tg. •W; have received 'here by an Fsrafette • from Yienrrai the melancholy intelligence of the death of his Highness the ELE CTO tt of -Co t, BRUSSELS, juts learn from Dunkirk; that measures have been taken there to place .the vessels _which are in that port beyond the reach of an attack from the Enemy, who have received considerable reinforcements with fire-ships and bomb-vessel s . . . General AtTGEREAU is expeBed here to-day-or to-morrow from Paris, and, after a short stay,. he will continue hiS . route for the' Hagite. AssoOn as a jimaion shall :be formed betwixt the Freilch and Batavian Squadrons, this General will take.'an hiM the chief command of the Troops of both Nations, which will be embarked. Their number is stmed. to be not less than Thirty,. Thousand Men. The first of theselFleets will consist of not less than one liwidted and eighty-sail, and it appears almost cer tain that Scotland is the point against which its at_ tack will be dirated.. kIAMBURGII, Auc. S. Accoorrrs received here from Paris state, that iii a'6tinfereove whiCh M. KALicrcHrFi lately !lasi with ,CAII.,LA . ItID,. Tentorary - Minister of YOreign Affairs - , in the absence of ' TALL ET RAND, he corn muniated• to the French Government. the Conven ion cooeia4e.i %%jilt rigiartd ; on the subjea of ;ht, Nortliertr Confederacy. M. KALITCH EFF Will C:f i'e Ou ta R IL, Charge d'Affaires. - D URO C colAtiittie some time in Russia, as lie haS•been invited by the EMFSROtt to lie present at tht- CoTo nation at Moscow: The foiloWing CirCuiar. Letter, dated 19th:Juile, sent by the Russian G3vernment to and its Diplotha .. tic Ministers and Agents, for the regulation s of their cunduft with regird to the Foreigni4tenzb Ministers and.Ailibassadors, has lately appeared CIRCULAR, &c. All the relitions of policy, commerce, and correspOnd enLe with France, whi,:h were interrupted, and in conse- Ocoee of the Revolution in that Country, have not yet been ro-establ ished in -their full' ex tent; but as at lie present moment Negotiations are going on to riled ai reconciliation With that Power by every means consistent With the dig-, nity of-the EmpLitoit, and the intereStS of Ms People, Fits MA JEST? has been pleased to charge his Ministers to appriie his Foreign Ambassadors and Agents, that he is willing -to renew the Usual Course of connection with that GovernMent, az.d.. that the conferences respeding that objec't are in full activity. In the situation in which this matter stands, .therefore, it is no longer proper that the Ambassadors of His ImrEki Ikwyassr should continttetb- observe any distance towards the - Ambassadors of the . french Governthenr. It is therefore enjoined to you, Sir, on all occasions, to testify the, ordi nary and becoming resped, tlu.-m which is usual between the Ministers of Powers that are in good understanding With each other, and to communicate with them ,on alt occasions in which the interest of our, most gracious Sovereign may be concerned. I am, &c. (Signed), THE PRINCE A. KU,ItAKIN. The following Circular Letter' has , likewise been sent respeding the Agents of the Batavian Republic : CIRCULAR, &c. As the Emiotrtoa, on his'acceision to the Throne, found that the 13atavian Republic was recognized, ' and that a Minister front the same had, been accredited by the Es n. peror, his father, His MA Ji; ar y' has thought it his duty ,not to .innovate in the least upon - their proceedings: As this Resolution of the' E ATP a o It, ho tveve r, remov.es. all ihe reasons of hostility, an d the grounds of further interruption ot correspondence' oetween the two Governments, You pare therefore directed.to communicate with the Ministers of the said Republic, who . aside Where you are, respe4ing every object of policy, commerce,:or other illation, in which 11* interest of the service of the Era ts ticoa, your Ivladr, is'oenJ caned. " I am, sec. (Signed) THE PRINCE A. KURAKIN. The cause of the British Superiority at Sea is at length discovered. It arises, if any credit is due to the version of an Opposition Paper of yesterday, of the account in the French Papers, from our being able to resist Balls, when protected by a Sheejs.skia over the side of the Patel, SURREY ASSIZES'. CRGY,DON, AUG. 5. e. • , • IiEFORE SIR CE.OSE, ASTD A SPECIAL THB IUNG agaitia BARR. MISPRISION OF FELONY 'Tx is wins an indiffinent'agains - t the-Defendant, Mr.. Barr; an opulent What-finger tat kocheriiithe, for Misp,r,iAtrn of,-Felony l an;{the indiChnent stated that one Peter Perry. having stolen . 6ooot.h. weight of sugar, the Defendant well knowing the said felo_ ny to liave'been committed,' ditt•wickedly conceal and keep the same secr4tplagainst the form of the a . Statute,, again the • . , Mr. GARROW said,. be Was Counsel for the Pro , _ secution, and in the cour e . of .his experience, 'and fie. Might venture to pronounce in the course .or his 'Lordship's experience; no Case ever presented itself ofgreater magnitude in -a 'Court of. Justice. It.was a Case on, the result of .whieh, he thought, would' depend the security Of - the pioperty of the British Merehant,'atid . the cha4 - aaer'of.the Country. If an offence,..sueb as :the one with which the Defendant. was-charged,And he . -should undoiabiedly bring home to him, could• lass with impunity, there would be an end o r the''coirtmerce, • and.consequently o f t h e existence of.this Empire. The. Jury had. to deal no ,ordinary offender, not with a man in low life, tempted to supply• his daily wants by acls'of dishonesty;but with a man of affluende,.carryinion a - great: business, with an extensive capital; and standing , ..in.that relation to the Public, which, bound him, :by_every tie of,lnterest, Honour,. Puty„ and GratitUde, to.prote4 the property entrusted, to him, instead of suffering it to be. plundered undei- his'own eye, and thesiintiion of' his -immediate - authority. The only difficulty be, could possibly have to con tend with; would, be, that when he . had Stateet•the Case, he should probably be interrupted by the Judge, and' told he had mistakenthe place for trying such a man as the D.efendant, . and that .instead of . charging him, with.. a tnisaemeanour, he ought to haVe indicted him as a r'nci lon p paf e • Mr. Justice GitosE.-,--If it, should appear tnat the Defendant 'wag aiding and abetting .in the rob.., bery, it willbe my duty, :to.say, he ought to have been indicied for. •a felony, and, not for a miSde meanour. It is _ not . possible, to convert a: greatex offence into a lesger bY"ilie.Mode.o . f.prosecution. remember a Case- before-Mr. Justice Bu'LLEit, in Hampshire, where a man was indi4ed.foi,a_inistlez meanour.; but it, appearing to him that' the fats disclosed at to an offence of. a,superior °Tee' he direaed. his acquittal; -and -ordered him' to be indiCied for t flony, I .shall..do . the same jn this instance, if the faCts.ShoUld sit turnout: Mr. GARROW Continued.--He7said, he expc6ed this observation from the Learned Judge but, with the able assistance. of those who had-advised this prosecution, be was not unprovided with an-,answer. He felt it of the last importance to'the interest of the Public that this case should, in its present form, be stated.and proved: He Ads the more' prepared to expel his Lordship would feel' The difficulty ,of trying such a cause, because more Judges than .one had already expressed their opinion on .the subjed, and because those who had originally been called upon•to consider the mode of prosecution to be adopted, had recommended an Indictment for Felony. Such an Indiament had been preferred, and the Bill had been thrown our. The language ;of the learned and humane judge who presided on the trial of Perry Itas to this effect. He observed, that what èvi'dencehad been laid before the-Grand Jury he, could not say, but the fads did set.'n't ; to implic'ate him as . principal . in the felony. Cet:tain it_ was the bill, as it respeded- the - Defeo want,, Nv:,is not found. Perry had been tried-at the last'assizeS before Justice HEATt3,and convided. He had said more judges than one had. Confessed their .opinions, because in a subsequent prosecution' against a sugar baker _tried inAondon, at the Old - Bailey, Lard irlYoN had delivered himself to' the same purpose. This case arose out of an accident which had 'befallen tlieShip'.l\lepttine, laden with a cargo of HavannahAugars,-; and- stranded .on her passage off the . .North 119 i-eland. When the.,eargo was taken out it - Was`stiiii tei the Custom-house, and placed under the . &ire - of - the Defendant, - Wild was a Wharfinger, -and as - such undertodk- to pored, the property confided to .him. It became necessary to take the cargo out of the boxes in whiCh it was 'brought to this . Connery, and put . it into puncheons. It Would be proved that in so doing there, were Persons employed by the 'Defendant' to take by wholesale the brightest and best part for his own be nefit. 'The manner - was. this. When they ,carne to a bright sample they 'took it by Shovels full, and pu i t r -into the Defendant's.own puncheons, and all that Was injured and worthless was placed in the puncheons of the - Merchants to whom the whole be_ longed: He would pauie - to ask the jury what they .supposed was the deqciency.of a cargo of 40 tens ' weight of Sugar ? They, wo!.id doubtless be <sur rized when he informed theta that' the - plunder on the Defendant's wharf was 19,4551 b. Which ex ceeded eight tons, and was, in value upwards of 7001. On the former trials there had been, set up : prescriptions for this sort of plunder. It had, been said that it was no Felony, but the fair perquisites of the Wharfinger, affording a 'fund for the pay merit of his Clerks in lieu of Salaries. But he should prove that this , was no case of what was -called Sweepings and Scrapings: It should be his obje4 to bring this Defendant's guilt to light, to drag him, more .especially as he was a man in afflu ence, to the bar of public Justice, and never to leave him till'he had- receil'ed the punishment 116 so justly merited. Whether that objeCt was to .be attained .on Indiathent 'for misprision of. Felony, or for the Felony itself,; he should at least be in a condition to know'What "Evidence could be laid before the Grand Juryi'- kle;should prove that the plunder was divided' in-toieVeral 'Lots, and shared among those whose connivance' was necessary, at the rate of 301. per man', and that, the Defendant, whose duty it was to prevent his Seriants taking away this - property, encouraged their pillage,"-and'. expressly directed one 'of his ClerkS, who was- less experienced, to look after his interest, or the others .would be too deep for him and, finally,.. that the major- part -of the -spoil. was -appropriated'- by! the Defendant himself, • Th . e first i.iart of, he evidence consisted in pr4ving the con viftion of Peter Perry, 'tie property. of the consignees of the cargo; Morehead; Fisher; and others,: the irran.ting of the ves,sei; the re.: ceiptof the sugar, at. the :Defepdant's ~VharE . 7 " William Shafts, a Latridwaiter belorwing to the ciltolll..llolib, said; 'he w4s,employed in co nv eyi n g the sugars t o the befeadanes nearly 411 of them wire, inofe or lessAda.;a there were 3.60 chestslanded, Weighing9 - 66,2wt—iolb. ; he weighed' them afterwards, and thi - e were ony 4.6oicwt. and 131 b.; big 83 of the chests had been exported ; 'the.' deficiency theteEre. was 173 cwt. Haines was. the person employed . a 3 'the Locker of the Custom.: house; . and.he abscon,led upon the theft being disco., vered. Siigars wet salt-water might be said to.bedathaged, hitt when they, were afterWaidsput• into Close casks, a fermentation. generally : took place; and . 4s soon as. that subsi - ded, they becapw, solid body, althost as hard as a ikimp of refined sugar: In this ' itis'fance the fermentation .was sd, • • • strong as to blowsonic of the heads of the punchecn4 out. • , • John 'Murphy was emflloYed at Bari's Wharf. at the time the sugars. were. there ; he was sent to fill tbur,puncheons from `the chests ; he had never any given him that Were 'bid the briglteit and. best sugars were put into the Defendant's punchevns, and theworst,into.the, Merchants ; when the last Wit ness was present, he alWays,left off working ; Perry gave him his orders ; the; sitgars in the DetendanOs puncheons would bear treading, - i but, those in the Merchants Would not ; the Defendant's . puncheons were taken .to'thestrager, and carted after the bell had rung . icit 14s4a1;li ? t, , ,iild trig Other workinen were gone away ; during the time he was at work, Barr used frequently: to come up to him, and corn." but not have been conscious pi, what vas going rot - - ward.' . 77 - 77 Egan, another workman, who assisted in filling the puncheons - , proVed that the Defendant wa3 in the. constant habit of *coming backwards and for wards; and observing them wlnle they were at work. Mr.lustice GRosE thought that this evidence was sufficient to itnplicate the; Defendant as a,princi pal in the felony ; it he shbuld be indicted as a prin cipal, and..found guilty,, it would amount to con viction for a felony .clergyable for . the first offence; if .he.; should tcpeat it, and be a. second time con 'vided, it would be capital': is Was therefore of the utmost importance to the Public, that if the De fendanchad committed a felony, he should not. he convinced of a misdemeanor. If he sliouid - be'only 'guilty of mis'prision.of felony, and' aftetWards, be tried' as :a- principal upOn the repetition of 'the offence, -be might pray-his Clergy, and escape the, full penalty of ..the, law. ;. He did not ~seeillow - he could stairer the present indiament to proceed out interfering with the law Of the land tipOn the subject; he was'of opinion, that the Defendant was aiding and assisting,, and consequently that the mis demeanor merged' in the felony. It was a very great offence, and he should put it to the Jury, whether the Defendant was oot a principal,. and if they should be of that opinion, he should feel it his, duty to ditel,Ft them to acquit him of the p r eSe n t charge:— . : 1 • The Jury desired to hear further evidence: 'Two other Witnesses . , employed in the removing sugars, proved the cla n destin e manner in /which :he' business was done, and'the participation of the De.' fendant. ' . Mr. GARIWW said, that he had other evidence behind, hilt after the intimation given by %the Learned Jndge,., he should think yupaecessary to ask for a verdia tipon,the present India:neut. Under the diredion of .his Lordship, the Jury accordingly acquitted the liefebdant. [The King against Davis and otArri, for a Riot at Kingiton,' in oar next.]' The PRINCE of WALES, it seems; is to . paysix. teen guineas per week for'his hou* on the Stein, at - Brighton,, if taken for five inonths, and twenty-five guineas if fufa shorter period. But as the Pit I N.C‘E by his presehe'e, gives fashivi'aild'allurement- to the place, the inhabitants would only constT their own interest in providing His Royal, Highness with a mansion gratis. . - Madame MAR was not very successful in her Northern—Expedition. At Glasgow her Benefit amounted .to no mare. than 41. - -in consequence of‘ which, she left the place in greatdujgeon. The following curious circumstance has come, to our knowledge upon the'atilhority of several persons who have arrived from rrance, and-whohave stated s it as, a fart currently mentioned.—Whether true or false, 'it shewS, that the life of the. Chief COnsitl either ir,,or is supposed to Le, threatened by the ja:. cobins. Onc'cif ihe,Leadefs'of this Faction had sue_ ceeded in prbcuring to he.made'a snuff-box perfealy similar to that' used ~by the. Chief Consul, but though thelashion of it' was imitated most correa- ly, trieartificeY had not 6ucceeded in making it open equal facility. Box-Ai-Axil ins box on - liis table., and beirr , . inclined to takee-a-pinch of snuff, was dstpnisiled t; find a' considerable difficulty in opewng it, -This circumstance struck him so much, similarity of, box„ in other re spthas, Ind ,no ,effe6 in deceiving him. After a nuinh'er enqUiries 'among his servants; he sent for a physician, whohaving chemically am lized the snufi.in the bo\', declared, that the Chief Consu!,'.llad he 'taken any, c'nuld not have survived hillf an hour. The Jacobins have, no doubt, dis covered some new Locusta, and fiOtntc.poison as• sub tle as that which tocik oft Brighton del er was so full as -at .pr-esent. , people for want of beds, have been oblio,ed to sit up all ni,l7: in order to enjoy the,pleasNres h, tkr No:hing can he more insulting to the French tbaa the popularity of our wattring places at the present moment, as if the chance of seeing the amzscrxitt of an inva.tion was one of the chief causes of at. traetion. Yesterday an Adjourned Quarter Sessions was held at the New Sessions House in Hotiemonger. lane; ,Newington Causeliray, in the Borough, befoie the Right, Hon; Lord GRANtLEV, a's Chairman, and a. Bench of Magistrates, to hu l l -causes and mis. demearors, and . :to discharge prisoners from ti'e pri. son (1f the King's Bench, under the dire(liion of the late Insolvent Mt. Many were diScharged, and the f ew exce p te d mean to appeal at the flat Sessions, ty of a. 5, [l3 f. ir .trt