The Sun. — London, England, 1801-08-27 00:00:00

tl:eir clock, of 'HEIR N 1 rt bou :he Frio, presence. or Scafi l he part Mrs. HAI er of La' iinment Mr. F ~FAL./119.WW, AUG. 24; AR RI lc Earl St. Fiarent SChooner, LietiN 017.c41wrth,a , Frcet of Vietuallers under convoy fQr Plyjnouth : left .Sir E. PELL ew' 'Squadron a few days silice'bk Rochefort,-all well.—Capt. BR Is l'Az,rE, of the DprisTrigate, has joined them wi t h • , some ;- ,and it' was expeeted that the night . " after she left diem, an attempt . would be made to estt o y . the ,Enemy's Ships laying at Rochefort, which consisted of six Sail.of the Line(One beating Flag) ,and several Frigates; Arrived the Halifax Armed Brig, Cdpt..SCOTT, With Dispatches . ' from . . the ,Chaifiel Fleet; with Which an Officer went 'off immediately for Lcindon. , Sailed the Duke:_ of ,Clarence racket, Captain FAULKNOR, wi:h Mails of the igth s inst, fdi: the Leeward Island's and . the Armed 'Schooner Clara, Captain I:EGNART, for LOnclione. Passed this evening, 'about sixteen sail of vessels under Convoy of a Frigate; supposed to be the homeward-bound Lisbon Fleet fon - i Mount's Bay, Where they have been detained some days by con trary wind. Passenge rs per DUKE ?f C I.ARENct--Major McMahon, l'fr• Waters, Mr. 'Drummond, Mr. Clarke, and Mr. Coppinger. PLYMOUTH, _ ARRIVED L'E'veille French Chasse Marie, laden Iv ith wheat, from Sr. Andero, captured' on the I I th inst: by the Atalante Sloop of Wa i r. The Do;rneg..7l, of So guns (late Le Hoche, cap ' tu re4 On t::e Coast of Ireland by Sir J. B. wAR _ Squadron), 'wenrout of 1-14rbotir this morn 6, and came to in Cawsand Bay. • A •rrived the Naiad Frigate, from a Cruize. POTSMOUTH, AvG. 26. SAI LED His MajeSty's' Ships Triumph, Silebtfy, Prevoyant, and 'William Store-ship, with she. out ward_bouod Mediterfanean, Sailed His Majesty's Ships Hind, St. .111ban'i, 4re4usa, and Seagull, on a Cruizei Arrived His Majesty's Carter Carkret from Mar- COu. Dropt down to St. Helen's, under convoy of the . V;nce N t Cutter, the homeward West India Cor voye DOVER, AUG. z 6. • . PlSirivrcHts, said to he of an important nature, were received by Eicpress from M. Orro this morn ing, and were immediately forwarded in an open Boat to Calais. • SHEERNESS,' Avc. THE 'Zebra Bomb-vessel this day came into Har. hour, an d baulecl'alongNide the Sheer.htdk •to have ' er mortars,taken:out ; which having been done, and othets , pur in, _she went out of Harbour again. The Sparkler 1 and Clinker Gun.vcAels were doc ked ; the latter is ordered to he paid oft. v light air of wind at E. still detains Con. C ? '3 to the Baltic and Elbe.' = POOLE, Auc. 26. TUE Falcon, BuRRItE, arrived here from New folindland, - separv.ted,from the Convoy after having been out live days, in a heavy gale of wind and weather, and has not seen any of them sin e. She has been. 36 days on - her passage. The Hon. Capt. MURRAY, who .cornmandc:d the gso,l when wrecked off the Coast of 'F rance , is .4 PPoinfed to, the Command of L'Oiseau i in the ; rk. ) • ( r! of Lord AUGUSTUS FITZRRY. he Arethusa Frigate, Capt.-W oLLs y, is or fleed thatto join the Channel Fieet, a n d to take as much. ur ) &c . as possible, for .she use of the ships on station. .• The following is an account of the curious expe lsment fo r lif t i ng Shi ps i n d oc k to put in a . new keel, ' 4 = l l was. tried for.th e fi rst t i me on t h e CanoPui.) 5 8 + guns, _i n Pyrriouth-dock, last Friday, by Mr. bbins, the Builder's First Assistant x—by means of wedges driven against the blocks on each side. the keel ; and the use of the catapulta, or battering ram, applied to theta;, the blocks are forced out ,much easier and with less danger. Fewe r s h ores are re: quire to support the Ship,, which a l so stra i ns less, and hangs as it were in slings by this simple ope ration 4.0 men in 12 hours can. perform a s much Work as use d to ta k e, on the old principle, 300 then three. days ; although, some Ships in the old method of knocking out the blocks under the keel, have settled from 8 to to inches, the Canopus only s e:tied one,quarter of an inch by this new method. numerous concourse of Artists and others attend'_ ed to see the. experiment' tried on the -C ano p us , 'a n d Fe te pe rfeal y plicity, satisfied with its usefulness and sim- 'DUBLIN ; ,Asia: iii; A seat is now efeetirFg - at Weriurgh's Chnreh for the accommodation of Their :Excellenkies the Lail and Cotintess HAROwicxi, as; at their instance, the Cat•tie Chapel is about to be re-built in a stile more suited to 'Vice-regal splendor, and on a scale more accommodating to the Public. . Wednesday General Sir WILLIAI4 MEDOWS, now' COmmander in Chief of the Forces in this -Kingdom, arrived at Waterford, accompanied by ;his Aides-de-Camp. We understand he on ThUrs day purposed proceedilig to Duncannon Fort, New Geneva, and the adjacent line of Coast. On Thursday morning last, the .Post boy con veying • the Mail from Drogheda to' Slane; was 'stopped by a single - footpad, armed with a knife and ease of pistols, who robbed him of the Northern bye-letters fot Slane, Trim, and . Navan, and the Slane bag , of letters dispatched from ,the General Post-Office On the iSth inst. From ,Kilkenny we are informed,.that - a most use ful discovery Was been made at the Countess of O. morro's Colliery, near. Castlecomber—that of a clay of which fire-bricks have been made, superior to any ever imported.. This clay will answer many purposes, in earthen ware furnaces, &c. where strong fires are necessary. ,;Samples have been laid before - the Dublin Society, and highly approved of. ' • `Ors Thurs(lay. . a idreadful fire broke out in the Warehciute . of - IVlessrs. Cahill and Andrews, grocers, in.Chureh-street; near HammoncLlane. it burned With great fury for a long time, notwithstanding, the assistance of almost all the engines of this City, but at length was happily got under. The Sheriffs, Peace Officers, and a Military Guard attended. The fire, it is said, was occasioned by a puncheon of strong spirits being accidentally set on fire through the carelessness of those who attended . the . warehouse, - A dreadful 'murder was committed a few nights ; since in the connty of Longford, upon : a poor, but industrious farmer. The murderers have been since. apprehended, in consequence .of information given by the•deCeased. before his death, and by his daughter, a girl of 'seven years of age, who -re ceived•several wounds of 'a pike froth the murder. ers, in order to force a discovery 'of 'her father's money, The harvest in the, pTovince of Leinster, it is computed, will end on Saturday seinnight. Potatoes were sold on Wednesday at Green-street, for two shilling - s and eight-pence the hundred weight, for the best kind. At Trim Assizes jam's - Owens stood inclined for the wilful murder of John Thompson, on the - 3d day of June last. • The 'death' of Jihn ,Thompson„ and the finding -his body .covered with wounds in a ditch, near Kells, being, proved, - Mathew Callaghan, a pectlar, swore, that being on. his Way towards Kells through the fields, on 'the night of .the 3d of Jude, he heard the groans and cries of a person dying ; Witness crept to wards a ditch, and peeping over, saw two men Warmed, one of, whom was James Owens, the Pri -soner, standing over John Thompson,' who was lying on the gr.o.md ; heard Thompson cry out, ." Oh, James Owens, sure you will shew me some mercy ?"—To which Owens replied, " \ Yes, you Scotch Scoundre:, this is the ,mercy I will shew you;" and struck at Thompson several times with a bayo net; while the otlier man beat Thompson on thc, head ; Witness became alarmed for his own : safety, .and stole away. This Witness underwent a long and stria cross . - examination, in which, however ; nothing new ap •peared. . , Michael Carolan - proved, that about Christmas last, the Prisoner Owens endeavoured to persuade him to assist in way-laying John Thompson, which Witness refused to be concerned in. The Prisoner made no defence, and was found guilty. He was executed on Thursday mucning iast. It is to he regretted ,that so many persons have promised their votes for the office of Town Clerk ,of the City of London, .vacant by the death of Mr. Rix, as Mr. \VM. WOODrAI,L has been discouraged from offering himself as a Candidate. A man more deserving . the esteem of bisFellow-Citizens, in his rank of life, can hardly be found ; and every friend of talents - and p integrity must hop e that, i n a .f u t ute vacancy of somesCity Office worthy of his accept.. ance, he miy find a successful patronage, . and pass the rem.dnder of his industrious life in ease and .• tranquillity. . Mr. M'ARTHUR, in his ingenious Pamphlet, en litletii:_•Finaecia/ and Political .Fa#r, give); the fol_ loWing calculation respatupg Greenwich Hospital : • ,The total revenue of Greenwich Hospital for the Year 1787, was 59,0431. For the year 1797, the total ~ receipt amounted to . 85,8401. :The total ex. penditure for she,sarne year way 85,8751. For the year. 1800,. 'the, total revenue was 133,5811. and the total expenditure 100,9361 . .: • Thus we see, that in ten years the revenue has been- increased by 26,8321.; and in twenty-three years it has been more than. doubled ; and the revenue of last year exceeds the expenditure, by 4 2,64.51. which is more than half the total amount of reveAue twenty-three years ago:' Last Sunday afternOon the house of the Rev. Mr. John Evans, of Clerkenwell Close, was broke open, and robbed of z6l. and upwards in cash and Bank_ .notes} a medal of the is Bishops in . the Tower,' a curious silver. watch, in the form of a box, opening 'by a spring, and being pushed by a different spring, it opens, and"shews Nebuchadnezzar - lying in state; a number of ancient coins, together with a great. quantity of plate, several rings, and , wearing appi_ rel belonging to the clerical funclion, besides what belonged to the family, to 'a conSiderable amount. .0n Sunday last, as a boat was crossing from Limehouse Hole to Deptford, with a gentleman, his wife 'and child; it' was unfortunately run down by a.lighter, with such rapidity as to cause ,it to bilge; and before assistance could be procured, they were all droWned, except the Waterman, who kept himself above water till a lloat arrived to his relief. ".Q.Y I:SS.rF~'a CHELNISFORD, jaty z 4. zr.FortE SIR. NASH CROSS, AND A SPECIAL JORY HANSON; ESQ. Kl. CTI.LSON AND CARTER. Mr. Serjeant SHEPHERD stated; that this was an aaibn Of trespass' justified upon the pleadings the .Defendants, upon, the supposition they were en-, titled to certain rights, incontra-distinetion to those asserted by the Plaintiff: It Was unforttinately a dispute between Mr. Hanson, a Gentleman of large fortune ; and Lord of the Minor of Promley, and his , Tenants ; he used the word,anfOrtanately, because he considered it a circumstance extremely unfortunate' to all parties, when a Gentle Man of character and property. in. the County 'did not live upon .terms Nof amity and friendship . 'vvith his• neighbour's and te nants. It wouldtbe easily believed that he had en .deavoured, by all possible means; to avoid the pre sent discusiion.;. for before this trespass was com mitted, he stated to the tenants and coryholders, that as they, as well as himself, were asserting a right they each imagined belonged to them, he was content their respedive claims should be legally ad jtisted, with as little animosity, and personal inCon_ . venience as posSible.' He had told them he was an xious to preserve the 7.amegood understanding with them; which it had ever been his wish to cultivate, and than was ready to submit the question in dis pute to persons competent to decide it, and if they 'should award that he had inclosed more land than he had a right to, he would abide by their determina tion, and throw it open again: Such a proposal, - which was all, as a Gentleman, he was entitled to make, ought to.have prevented the Defendants tak ing, the step they had done. However, they had 'thought proper to say no . ; "we will have our rights decided in a Court of Law. He did'not blame them for so'resOlving, but surely, after such a proposition. from the Piaintiff, they.might have contented them- Selves with committing the trespass, as the ground of an a6tion to try the right, by pulling a`stake from the Plaintiff's hedge, instead of going Wantonly and Maliciously, and gtubbing up and destroying his fences, which he had, been at the expence of mak ing. They ivotild hive, then' done, no more - than as fair and honourable men they were justified in doing ; but on the contrary, the Defendants, who had at first assented to the. Plaintiff's proposal, went to the place - in question, accompanied by their-Solicitor, who ought to have advised them better, and there assisted in Committing the outrage for which this apion was brought. 'The Copyholders assembled, ffro.ceeded in a body, drew up round the ground the Pl4inriff j had inclosed, they pulled down one fence after another,:till they had at length - destroyed the whole ; and-to add to the indecency and impropriety of-their conduft, they had banners and nags' flying during the rime they were so engaged. This was _inot the way' they ought to have proceeded. When Men had rights to try, they ought to have them de. teimined in a decent and legal manner. The tres_ pass applied to a number et tersons, but:. the qu'es, tion would- be decided as to all of them by the' pre sent attion. - The Ddendant's insisted ,they had a right, as Copyholders of -the. Manor, to imnit' the trespass- complained of in a plaCe called Bromley, Thicks, because there was a customary . right of. common of pasture attached to it; but from the very nature of the place, it was ,absolutely impossible that a right of common ever could have been exercised over it. It was described 'to him as a place so thick with treef; and bushes, that the . most 'ferocious. animal could not possibly pe ne t r at e it, much less.,cattle graze , upon it. It was covered with young trees and shrubi, which could not have, had existence if beasts had ever been turned loose in it. In addition to the right of comition, of pasture, the.Copyholders also claimed the right of estovers for the necessary repairs of their fences. It was possible, that from time to time the Poor people had been permitted . . to cut a few sticks or bUshes for their use, but that:did not establish sny thing "like a right to do so. As. a proof that there was no right ofestovers, he should spew. that in a lease of one of customarythe tenements of the Manor, granted some time ago, there , was a covenant, that 'the te= nant should cut bushes in Bromley -Thicket, for the . purpose of making,hedges on his firm.:, Why-such a covenant should have been thought necessary, .if all the tenants had a right of 'estovers, was to him perfeffly incomprehensible. He should' prove the trespass : if it should afterwards appear that' the Defendants. had a right, which couid'not be contra: dieted, they -Would of course be entitled to a Verdiet in their favour.' It was much to be lamented that' a case of 'this kind could not, have been adjusted by both partieS giving up something of their .rights' -Whatever .might be the event of the cause, and however injurious to the interests of the ,Plaintiff, he. was, persuaded would - not stop the course of that benevolent conduft for which he had been dis tinguished during his resilience in the County. Mr. Round, the Steward of Brolnley, was present when the trespaSs was committed. Gilison and Carter were there, with a great many other per-. sons, to the number of 20 or 3o; they went in a body,' and pulled down tie bank which had been recently-made to. inclose the thicket.• • -‘ The Rev. Matthew Thompson deposed as to the Defendants and the other Copyholders proceeding. with spades and shovels on their shoulders, and handkerchiefs flying as.- banners, and pulling down the bank. Op his cross-examination, he' said they did, not go' round the inclosure, but only mades'a breach large enough to adMit cattle -to pass over. He did not go by appointment to see the breach . made, but having received information that a num ber of persons had assembled to pull down Mr. Hanson's fences, he thought himself bound,'as a Magistrate, to attend, and particularly as the minds of the people ,were a good deaf-agitated 'on'accoUnt of.the high price of provisions. ‘. Mr. ADAM t Counsel for the D e f en d ants , ob served., that notwithstanding the tremendous-open ing of his Learned Friend, it appe,:red, from the evidence of the Magistrate, that whatever *ere the niunbers of the-Copyholders who hid atiendcd to pull down the fence, they had cimdutled ibemcelves In so peaceable a manner, 'that his illterErencc been- altogether unnecessary'. , There was noth;ng to consider in the case but a mere abstraa quesCon a Right, to which he was persuaded the Div. wauld p. 4 i,eir minds with cl 3 ittle_ll aY too,ttf. the noel. editagers; as %Vial' respect I:5 tiu Ft.tpit - i: , ,. ; .? Who .Wai•g,,equal rank with theni l seive?`: necessary he shduld describe the place in tit;estii)i'il by vi , iiich•itoould appear hoW a'consecien?.i4 it was that a right of common should have existed over the Thicks. United to the Thicks; by x, vef narrow isthmusi was a place called 'Hare •Ori4iiil which was likewise a Waste. Upon theside of Hitte Green was the tenement olGillson and the ten:ml:hi of Carter ; all, thereforC, that was necessary them to ,do, before this'inclosure was made, was td turn their cattle up'on the green; . and they had in.: greys and egress to and front the Thiel% He should cart) , back to a distant'period the right of the . iiccm; • piers of those tenements, so to turn put their cattle'' and should' slim that !Hare. Greens as well as the .Thicks; had been constantly used as pasture for cattle. He shdul&•prOvei from the entries on the Court' Rolls of the Manors, that the Copyholder4 had'always enjoyed a right of estovers in .the place called the Thicks.' The first entry Was in the year 1666 ; it was presented by the hOniage, that Tchri" Wood had taken and carried away from the Thicks a. quantity of bushes, - and because be was not a tenant of the manor, he was.fined Ss. In t 1733, it. .was presented. that, 'according to the custom of the manor,- the Freehold , Tenants, had •no/right t o c ut any bushes or furze on the Thicks, and they were forbid, on pair of being amerced. The Learned Counsel instanced a variety of entries to shew the existence of a right of common, particularly entries by which it'appeared the cattle pf persons, who' had surcharged the common had been impounded.- r , .` He contended • that if the case, _as he had stated it; was made out in existence, world be sufficient 'to entitle the Defendants to a verdiaL •l- James CoOke said, . .he ,had occupied Carter's copyhold, tenement, from the year 1752, for six years. During .the time, he occupied it he turned his cattle on the Green, and they went where' they. pleaSed ;-he sometimes found them iti the middle of the Thicks -; there was nothing, to prevent them frOm going there ;- no hindrance whatever of any kind- ; they generally, went to the Thicks because there was the'best-food fon'them ; not only his own tattle were there, but those of other persons, to the number sometimes of fifty- or. sixty. • • Richard Nice said, he knew the thrm called Hub. bard's, iii the possession of Gillsorr; he occupied it nineteen-years ago ; he used to put. horses and cattle on the Wastes and in the ThiCks whenever he pleased ; they were never impounded for being there, though Mr. jukes, the Steward of the :Aanor, constantly saw. than.; there was 'a pond. in • the Thicks, - at which the cattle used to water; he had drove out two horse:-;, two cows; and ten sheep at n time, and drove them on the'Thicks-and back.. James Baccn knew the place in 'question long before the Old Stele was altered ;' remembered a person of th.;4 name of Rushy living. where Carter lived now ; his children used to drive his cattle into ; be never heard of .any COpy holder's cattle being impounded for being there ; the tenants used always to go to the 'Chicks to cut furze . and bust es,._ and what -wood they, wanted to .mend their fences. • Mr. jukes said, he was seventy-four years of age ; he had known -Bromley 45 years; and had been Bailiff of the Manor io years ; he colleaed the quit-rents of the Copyholders ; all the Copy holders used the Thicks, and turned their cattle on, as they thought proper.; he knew no instance of there having been any cattle impounded, except they had strayed our of another parish ; it was with his knoWledge fhe cattle were turned on the Thicks, and he never thought of preventing it, nor did they receive the least, interruption. Mr. Jusiice GROSE.—" This is a verystrong case the Defendants have made our ; even as it stands at present." Mr.. GARROW said, lie had an answer to it, but whether should give it to-day; depended . upon the Plaintiff. Mr. 7 Justice GROS* repeated, that it was a very strong case indeed; 'but, at the same time., not so strong but it might be answered. tie had `no jeaion 'to go farther into it, if the Plaintiff pleased. Mr. ADAM said, he should not urge a word more for the Defendants... Mr. Gmtitc)w, after consulting . with his Client, olmervcd, that the Plaintiff' OM not think it neces sary ,the cause shOtilci go further at present—he should answer the case the Defendants had made out at some future opportunity. • The Plaintiff was nonsuited, and;of caul*, will be Obli ,, ed to throw open hi s •I r i c l osure . b • One has often heard of the punEtili o a n d gravity of Spanish.manners ; but no instance is more strik ing of this formality than what is recorded in the .'Memoirs,of:Boiomf>lEßßE respeding, the ,death of PHILIP the THIRD. We shall_ give these ex traordinary particUlars in the words of the Mare chal hirriself;—" His illness (the King's); began the first Friday in Lent when_ as he wag reading his dispatches, the ,day being exceeding - cold, a strongtrazieror chaffing pan was introduced into his apartment, the. reflex ion of: which ailed so powetfully upon his face, that the sweat streamed .down it. The, King's disposition was such, that . , -lie never in his life found fault with any thing, nor ordered it to be 'altered. The -Margo,s Ds SO B.A. from whom I learned this, told me, that seeing how intieh His Majesty was incommoded by the brazier, he told the Duke of ALVA, Gentleman , of, the ChaMber, like himself, to have it taken away, as His Majesty's cheek was violently in flamed by it. But 'as they are exceelingly pundiiiows in their duty,. the - Duke of ALVA observed that it belonged to the department of the- Duke d'UxEIA, the Grand ChambAlain (or first Butler of the person.). Upon this the Marquis tie • Soamt sent to seek for - the Ditke d'Uxtow *in his chamber, :who. was unfortunately omit of, the way : so that before the arrival of th_. first - Butler, the King was so much scorched, that the nov, day. he fell into a violent fever, , which brought on' an • erysipelas, which with some intermission, n:,tcd in the scarlet fevcr„, of - which His :viajesty !" Oar Government, if. report, be true, with a rarity worthy:of its character; intends remunerating Or. JE,I4NER, as the first diwovtrer and introducot FA Ni S rind iI lAttii, a, _ A , the sirV E que rriel 3.T NEAT, Lceedirgl fell frog; by sv h It in LW road. iCh nV I Y rength 0,! u;, it prc-01/16 :onsistel l If th e/ 4 Urript 00 0 ' to; the i. of the ta . 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