The Sun. — London, England, 1801-07-20 00:00:00

PaTyt., rH, Co' ea their >ugh the le hills, mgh the nied by' prome- ROYAL Id after- accorn- INCE SS ► to N- I by _the • which FRINGE 1, Lord Lord RIGHT, Sir II• :.took of of ,Ux -OW. rs were is Staf merrY to the oW by d Lady MAR night. lire. in tiic turday kriuus I never 'al, alt sccirs herself if to a whO is e% e'MU- 7adro The 1 more easor:. wen: larke; , in ,ge' operlf inclC.V.l led i‘ [wig. b u t :h eAu. 1./i0 main- again f pub' ed,2 o YIS ) fti►rf 'Palen' Ins'll to vsitaich . teigh" Esq• CLI AME S ed at Ax- Ruc s [ n dig- f • T o i:l 4 Irnil 11warC which Mn ) f the rnt at lsuro t 11ee 1 i s o%ill, he pf red Co iszo , e3‘.'.. n th i s ; Lye 0 o PARIS, JULY YirriRDAY was celebrated, the Anniversary of the 1 4 . th o f July: An immense crowd assembled in the Champ Alisies. On one side of them were, ereEled seats ; they were construf'ted with the utmost elegance. On the other side there was a transparent Greek. Temple, of the 'finest propor tion, and splendidly decorated. In the centre was a triumphal Arch, and several Orchestras. In - the c.rer of the Temple, on a pedestal of rnarble and , gold; was displayed a . group of three figures. ; Viclory presenting- Peace to France, who } vas supported by the God of War. On the outside bE the Temple was a catalogue of the names of the 'dicers and Soldiers who Ir.ve received brevets- of nononr, and .Ibo l ve these heroic inscriptions, the lowing motto, formed of the branches of palmtrees, was traced in colossal charaaers—" .1 - ohour to the "Loarlike virtu S!" On the front and sides of the base of the ,Temple was written-7--".77,7e Legislative Body to the Armies !" The Theatres were opened, and every body ad mitted gratis, and notwithstanding the innnense crowd which was assembled, the , greatest order Prevailed. All Paris was in the .Champs sles ; there were Balls, Orchestras, Pantomimes, Theatres, Concerts ; and Balloons were let off : there. were also Artificial Fireworks, and general Illmpination s , &c. The First Consul .had in the morning re viewed the Troops ; he was received with univer_ sal applause, acclamations, and repeated cries of Long.live BONAPARTP. !" fle . took that opportu. bity_of giving_A Standard to the First Battalion of Chasseurs, and also to the -Cavalry. After the Parade, hegaVe audience to a Deputation from the Tribunate, who ,carne to wish hunjoy of I)is re tover-y. Soon after V,e gave audience to the Am bassadors, and several Austrian Officers were Pre tented to him by Count CO . B ENZ M. DE LUCI T IESi NI presented two Prussian Officers to him, and the Ambassador from the Cisalpine Republic in troduced General Lt con a. Afterwards the First ConSul gave a Dinner of 250 covers : all the Foreign AmbaSsadors, M. DE GONSALVI . , the Senators, the‘Ministers, t! - Counsellors of State, the General , Officers, and . tne .Aembers of the Legislative Body, &c. who Were in Paris, were present. Citizen .I3r AuvAts, Chief of Battalion, who after the Naval Atlion at Aboukir, offered to carry Dispatches in a Balloon, aseended:in the evening With GARNE R IN. If the wind is N. or E. he means to go as far as possible. • We learn from Seal is tharconsiderahle acivllees ire already made fur giving no the Brispu to the vuitE of ,MontNA. Three Commissaries are trn l'ioyed at Guntzhurg in separating the Biblie Papers and Records belonging to that Country from those bf the Austrian Government. M. DE • SOMEILEAU I S ' President of the Imperial Coniinission. The Archives which had been sent to Vienna during the War have been brought back. Among the Articles agreed to by the National Council representing the Gallivan Church, in - its Sitting of the i ith, are the following: 4 r 4x/cry Government. has a right to exam from the Ministers of Religion a pledge of their fidelity. To pretend that the latter cannot give that ledge w i t h out a n aut h or i ty to , t h at effea from the -Vol.!, is an error in opposition to the Word of God, to the traditiOnt of the Pothers, and to the exd-m. Ales of the Saints;' dangerous; to the public tran. quillity, and prejudicial to the the interests of the Sovereign Pontiff himself. " To aa in consequence of that error ) consti, mutes insurreetion " The promise of fsdelity to the Constitution of tne Republic, comprehends at once aaive and pas_ Live fidelity, namely ; not only the engagement to submit to the established order of things, but also to concur in the maintenance of that order." ItXTILACT OF A LETTER FRO?i CANDiA, (147t111- out DATE.) " Almost every fortnight we see gnglisli Frigates b rriVC in the Ports.of Sicily, in order to take in Pro te t the inhabitants_ shew- them every polite ss, and make then many. Presents. We hope this Vill not last, long. 7 You know ) that in the great ba'ttl e in which the General was killed, they lost ° O O men, and since then they dared not make any atta c k upon Ale.x:atidria. The English are cum- P a elled i ackn o wledge the bravery of the • French, fanr„d they no longer hope for success from their lish Expedition. Twenty-seven sail of Eng_ Tr an s sp o r ts have been seen. from the W e tern part of 'this island.sailing towards Europe; they are Conveying home their wounded:" CAo/z, JULY do not know the Con d;tions of the Treaty of Pea . ce with Portugal ; it is supposed that the Siege of Gibraltar 1011 }I.: under taken, in order that the expence of the Campaign may not be lost. Al GSBOURG, JULY 3.—A report has for several' days prevailed,' that all the Ecclesiastical'Ptinces are to be deprived of their .temporal powers, with the exception of the Eleaor of Mayence, who will take the title of Primate of'Gerrnany. STUTGARD ) . YuLY 9. --They speak of a new rxench Army' of Observation to be shortly assembled upon the left bank of the Rhine. We have intelligence that there has lately appear ed near Corfu, an English Squadron, commanded by Admiral BiCRERToN, which has been dispatched from the Fleet of Lord KEITH, to observe the movements of GA4THEAUME7S Squadron. BoRbERS OF THE MEIN, Jtit.Y 7.--Sonle of the German Gazettes say, that as soon as the Ne, gotiations relative to the indemnities to be granted to the PRINCE of GRANGE are terminated, His Serene Highness will make a formal publication of his re nunciation of the Stadtholdership, and all the digni ties with which he was invested in Holland. The cession of Brisgau to the House of Modena is upon the point of being carried into effett. The Cheva ilier de BRAY is going to:Berlin as Minister from the Eleaor of Bavaria. • VIENNA, JULY I.—The General of Cavalry, MELAS, is arrived at Prague, where he has taken the, command of the BoherniaD Troops. Major- General Count PEJACSEVICH is promoted to the VIII of Field. Marshal Lieutenant. LAW REF WP. Eouitt OF KING's BENCH, GMLDIJALL, Jury SITTINGS BEFORE LORD KENYON AND A SPECIAL JURY VIE KING If.-FORGE AND OTHERS. THIS was an Information filed by the late A•r- TORN E Y GENERAL against William Forge, Anthony Stevenson, Joseph Vicars, and James Goodwin, for bribing, and attempting to 'bribe,' and unlaw fully indueinz a person of the name Of Peter Foley, - to absent himself; and refuse to give his testimony before the Commissioners of Excise, by whom he had been duly' summoned to appear before them, to testify the truth of what ,he knew, in a Case of Information against Forge for smuggling Wax Candles. The ATTORNEY GENERAL opened the , case for the Prosecution, and stated, that Forge was a per son who dealt in Wax Candles, and who had be - en accustomed to ,vend them without the payment of `t = the dutv.—Anthonv Stevenson was the Attorney of Forge—Joseph Vicars. was a person , deeply in debted to Forge, and an uncertitiCated Bankrupt.— James Goodwin was the Clerk of Forge. It ap_ peared on Infoemation, that Forge had a quantity (149.41 b. weight') of Wax- Candies, at the house of _Edward Bathorn, in Chandcs-streete Covent Gar den, a place where he had taken a, lodging for the purpose' of keeping. these. Candles, it being near the Playhouse, where he ivas to vend them. . These Candies had not‘been subjea to the payment of the "Auty. A person. Of the name of James Foley had beeo a servant to Forge. .1-16. was summoned as a Witness to give his evidence before the Commis sioners of the Excise, to Whom information had been given of the illicit practice of Forge. He was direaed, by that SummOns, to appear before - the Commissioners, on the 27th of January last. The Information, now before the Jury, was exhibited to prevent the repetition of a praaice which was as injurious to morality, as it was a diminutiOn of the Revenue, for it was a practice by which Witnesses were kept back, and prevented frdm giving their testimony in the way which the Law, not only in its wisdom exalted, but which the Law in its wis." dom also declared the interruption-of t a Misdemea nour. There were two shades of offence in this case, the one was tampering with the Witness as to what he was to prove.—The other was, prevailing, -or endeavouring to prevail, on ,a `Witness to . absent himself, and to prevent him• from' giving any &rice whatever. In these two aas there were some shades as to the guilt, both of Nehich were con-_ siderable, and maligoant, in as much as they affeaed., the administration of the Law, and set an evil ex emple in p lint of Morals; the ;atter was the subjea of this Information. An information had been ex . hibited before the Commissioners against - Forge, on • the 24. th of January last. Upon this occasion a per son of the name of Foley was a witness, 'and a Sum mons was sent to him, requiring him to attend, and give his evidence before the' Commissioners on that occasion. Foley was the Servant of Forge, and had a demand of about 301. - upon him for wages.— He was desirous to receive those wages.- A treaty was carried on between Forge, the _Defendant, and Foley, the Witness, on this occasion, but with different views by the parties, Forge„ wishing' to bribe the Witness, and the - - Witness wishing only to be paid his - wages. The one offering a Sum of money to the other to keep out of the way-,—the other wishing to get his wages at all events, - think- Jug there was no' harm if he could ioforce the pay ment of his wages by any means, This he stated' to shew the reason why there was so much conference between the parties. The Witness was told, that which was as erroneous in point of law, as it was in morality, namely, 'that the absenting himself, and a disobedience to the Summons,, subjeaed him to the penalty of ten pounds therein specified, and no more. In consequence of this information being ex.= hibited against Forge, he applied, and caused ap: plication to be made, to Foley,. the Witness, and,. It different times, Offered him difflent, sums, on condition that 41e would keep himself out of the way, instead of giving his- evidence before the Commis sioners.-2el. aol. 401. and 501. were offered' to hini, provided he would keep out of the Foley would' not agree to take this money as a bribe, but he was weak enough to think there was no harm. in - making use of this negotiation Or the per_ pose of obtaining his wages. All attempts, how ever, to bribe this than proved inefFeatial. Good will, the Clerk, or Agent, of Forge, took ,the Witness Foley aside, :nid e in the presenceeofForge, offered him sums of money,; and thinking the sight of the money more ten - toting than any promise, he put the Hank Notes into the hands of the Wiiness— But this was also ineffeanal, Such was the case with regard to 'the Witnes Foley. • But the De fendants were More successful with an - other Witness of the name of Bathorn. He was the person at whose house Forge had the lodgings, and in which were deposited the . Wax Candles (14.941 b. of them), for which the duty had not been Mr. Forge was interested- in this business for himself—Mr. Vicars had joined in this• business on account of the influence which Forge bad over him, being a cre ditor, and an uncertificated Bankrupt. Mr. Stevenson was 'an Attorney - for Mr. Forge., He would impute to him no motive. If ' would say nothing to the Jury of Mr. Stevenson : He, per. haps, was not known to the Jury—that was an ad vantage of which he would not strip hime , —lf he could shew 'that he was innocent, every body who heard it, would be glad—but if be could not,, the Jury need:Aot be told that it was a duty they owed to the Paihlic, to find him, as well as the other Pefendants, guilty. William Norman, an Excise Officer, proved, that on the zoth of Oaober, i Roo, he went to the 'house of Edward Bathorn, a Tillman, who lived at No. 36, Chandos-street, Covent-Garden, in consequence of an Information ; he searched that house, where he found Ld r o.elb. weighed wax candles, .which he . seized, and took to the King's Warehouse. The in_ formation before the Commissioners, was laid by one William Pilkington. That on the 231 of January the Witness served a Summons on Peter Foley, re quiring his attendance before the Commissioners on the 27th. This Summons being put in and read, it appeared to be signed " W. 'Mayo, by Order of the Commissioners," reqi4irii)g '~IC shotilki ippeai &Are the tnimitsioneti 61 she; gkiCise,, on the 17tir Of: lannarA to testify the truth; according to his knowledge, between William PilkingtOtT, Inf&met, and Wm. Forge, Defendant. Mr. EitsitiNi objefted to the validity, of this Strizn , mons, he sdia-kwas not binding on the party to WhOi it was direaed, and .ou whom it was servea, berait:ie , it rivas not. by the • Coilimiiiiviers or any bf them ; they alon'e had power to require the attend.. :ince of a Witness., to give his evidenCe upon an In._ . formation given befoie Mein. It was true, MAYO, whOse name appeared to this Samtnons, Was the Solicitor of the Excite, btit fie apprehended, that in that charaaer he had no, power t 45 command the . attendance of a Witness before the CommiSsioners ; they alone, he - conrended,• had that power. The - Stimmott3 in queStion, i he contended therefore, was illegal, and nobody was bound to obey it; and there must be an end of the present Information, .because this was a charge of':: Conspiracy :for pre_ venting a Witness to attend, according to the exi= gency of legal process. Lord KENrox said, he did not chuse so:decide this Case on the sudden, but there appeared to him-. • at present a great deal of weight in the obje&ion. Mr. GARROW 'said, that it was alledged in the Information now before his Lordship and the Jury; that the Witness i Peter Fo:ey, was duly summoned : to attend the. Commissioners, to testify the truth, according to his knowledge in a Case then depend , - itig before them. He should prove that this person was summoned according to the constant course and uniform praaice of the Excse Office, on these,occa„ sions ; that the Summons was never otherwise than in this form. Mr,. ERSKINE maintained, that the Aa of Par_ . laiment which give the Commissioners the power of requiring, by Summon's, the attendance , of Wit_ nesses before them, took no notice of the request of their. Solicitor that a Witness . should. •atlend.. It could not, in contemplation of Law s .besieemed "the Summons of the Commissioners, ithle,-,:s" signed by them ; and if it was not the Sammons of ttio Com missioners-it was ,nothing. . . Lord KENYON said, .that at present it did seem. to him that this Summons ought to have been signed by the Commissioners, but ham--would not decide it. He should reserve the point for the opinion of the Court. Mr. GARRow then examined Mr. Mayo, who proved that, to his knowledge, as Solicitor of the Excise, this Summons was strictly conformable to the uniform pradice of the Office of 'Excise foi twenty-four years.. Lord KErtvoN then dite6led that the Witness • should be examined, and the trial proceeded in, re serving to the Defendants the benefit of this objec tion to the legality of the Summons, which is to be decided hereafter by the Court of King's Bench.. Peter Foley said, thdt he received,. in January last, a. Summons- to attend on the '27th of that month, at the Excise Office, in Londen: He did accordingly attend it. He knew the Defendant Forge ; had fbrinerly worked for him making wax candles. There was an information exhibited against Forge. 'The Witness sheered the Summons he had .received to attend before the.commissioners on Tale 27th of January, both to the Defendant Forge and the Defendant Ster:?nif - 1. , Mr.' Forge told the Witness . " to keep, out of the way," and said '' he would pay him very well, for it." Forge and Stevenson were ; then together. Forge "said . to the Witness, he would befriend him. The Witness . then proceeded thus : " I told him I wanted nothing but my wages ; there were Wages due to me at that time—l had sent in a Bill 'claiming wages to the amount 371. He said he "Could not think of ,paying me my wages, becatise he said it was not legal 'to'g,ive me wages because the business. I was- employed in was a smuggling businesS, be. cause , We had' been engaged in removing candles which . had 'not paid the duty, and therefore my demand for - ,mPages• was not a legal demand but, he said, if I W.ci.ild i keep Out of the way, he would befriend me. Then he desired me Co go to his At. torney, Mr:Steven - son. idid.go to. Mr. Stevenson accordingly ; I shewed him the Subpoena, or Sum mons, whatever it, is: He said, poh I. poh ! I know that is nothing ; he then ,said, Foley, you must keep out of the Way, or , else my Client will lose the Cause, I rntide a reply, that Wile paid me my wages I had no other demand, and that I came to him for My wages by - Mr. Forge's -- direaion.— When I. said, if I . shotlld have My wages I had no otlfer demand, Mr. Stevenson Said he wouhrsee'.me paid. I had been with Mr. Stevenson, and heap. pointed to meet me several tirnesl went to his house in Hatton Garden by his direaion, seven or eight times after I had done my work. I saw Mr; Stevenson at his hduse, on Sunday the zsth.of Ja nuary: He at first quarrelled with me and abused toe, and said, " I was an Informer.",----And then he brought me round again, as it were by coaxing me. He said to me, Never Mind, "I will be frimd you, I will give you Sol. if . .7oU.will keep out of the way, and the to'. to, cover the penalty expressed in the Summons." Nobody went with me to the house of Mr. Stevenson ; but the Defen. dant, Vicars, was there; I do not know what con netion there was between Mr. Stevenson and Mr. Vicars, but Mr. Stevenson wanted Mr. Vicars to get me out of the way. Vicars had been a Bank rupt, and Stevenson said he would obtain FOrge's consent to Yicars's Certificate, if Vicars would en deavour to keep; me out of the way. Forge was a Creditor of Vicars, and had refused to sign his Cer.) tificate, But ViCars made no application to me in consequence of that. On Tuesday the 27th of Ja nuary, I was at the Excise Office. There was then another cause before the Commissioners. -While I was waiting at the• Excise Office, James Goodwin, who was Clerk to Mr. Forge, came up to me, ,and 'offered me z5l. in Bank Notes to go out - of COWL While Goodwin was speaking tome Forge came up, .and told me " to get out of Court or else he should lose the Trial, that he woule pay me 251." Good win and Forge were then both together: I told him, " if he iipidd give' it me' as my Wages, I would, give him a receipt for it.", He said, . " he could not do Chat,'.but he would giVe it me it' I went out of Court: l ! Upon that Forge went out- in. a passion, and Goodwiii - With hint. Goodwin, returned an made it up 391. .I reftiSed, unless he would give It me as my wages. -ood- Win wenroar ani . rentrrird — wittra - draft-of C' ;tali: Which he offered 'the tiiiii Norqs making...it up 4cli. 4 1 4 refusett 'chit fess ,he gi\re it 'rile N'( - Agei - ., He 'said; " iT I take it as a .iiribe 'to go Ac:i.ta; I shtiulA hive ir,'' but he %%,'Olilti Dot give it the As if)) , wages .; and I would fiat take. it as a lie pat the'ltiforei; info My Band. A p ,. --rsonlof the.name of William Wright but he. had not thing to do in the cAu'3ei he only came as This WitneVt nnderWent A tong aoss-exarnina tionby the Defendant Stevenson, lint nothing in contradidion to his examination in chief' 'Came ora, ', WilliaM Wright Cortoborated-the testimony of the. laSt Witness; as to what he related to !ave pass: ed between him and Goodwin at the ExCise Offi7.e, he ha v irr< seen and heard the whole of it: The 15efendant Steven!;on; here bbjeded; that as this was a criminal eltar e, and laid in London; where The .Excise Office was; and as there was nd_ Evidenee whatever to,afid- him; 'stating, that he had either said• or done any thing except in his•own house, in Hatton Garden,, Which wasin . the CoantT . ;of Middlesex ; he ought not toupOn - his de:. feneeln'this ease:- That crimes were local io their, nature, and' must be proved to have bi'en committed where. they .were laid. Lord icr,xy,o . said certainly, if the lifts-were so, It Was then admitted, that the Excise Office iS in London, and the hous - e of the Derei:dant -Steven.; son was in Middlesex. But it . vat contended, that as this was staked,as a con piracy, the at of one of the parties was the aet of all;and here was abund ant proof 'Of crirninalityat Office, which was in London.. That: Stevenson was trierefore guilty Upon this charge: To support which do . drinc, the Airoxiviv . Gt- NE RAL and Mr. GAR ROW cited the case : tif the con spiracy- of' Bowes and his Agents; io . ltittaway with Lady Stratlunore,'which Was...done in Middlesex; and some of the, parties ad ed' theii:,part of the con spiracy. in the.NOtth of England, and had nothing to thi in Middlesex. Triat the charge against Ellett all, was for a crime committed in Midd;cseX, _nr which, under the dircaion of Mr. Justice.a - t.irtr the Jury founa them all 'guilty. The case w - as terwards-argued before the .Court,'and the opinion of Mr. Justice BU 14. E R was confirmed. Lord Ki:\iyoz,r said, that if the Evidence was true, the behaviour of Stevenson was most infamoui,' but he did not see how he could be made a conspira tor -in London, if he had 'not chine One :idiot) in London, nor had joined with any of the befendabts in' Middlesex, Who afterwards aded in London. The house of Stevenson was'admitte'd to he a hat_ ton _Garden, in the County of , Middlesex; lie did nothing any where else. MC — ATTORNEY Gr.'ict RAI, said, that a message came to Stevenson by the Witness Foley, from Forge. He says to Forge he will befriend him if lit. will : keep our of ,the - way. Attempts are after_-: wards -rnade.to prevail on that 'Witness to absent himself, at the Excise Office. This was a continu ance in London of that which had commenced in Middlesex, and all the parties were united in a con. . spiracy for one common illegal objea— Lord KENYON Said,• that something had happened . in. Middlesex in which Stevenionhad'afted. Some thing also happened in London in which Stevenson had not .aded. Could that,,possibly, make Steven. son criminal in L9ndon If ten thousand anthori ties .of Mr, JusticeßuLLErt, or any body else, .had said so, his L_ could not bring his mind .to assent to that. He was very c l ear ly of opinion, .• that unless - Inetliing was proved to have been done by Stevenson in London; he could not be eb nv iaed. - on this Information. 'He must have his mind s'atis-• 'fled •belbre lie c ô u td direet the - Jury to - tonvia'any • - man of a crime, that such a crime'w:':s ce,mmirtedas . it was stated on the Record. He Said:ol:s; fOt the: w sake of ,preserVing the Rules of _L a they were. fixed ip his ntiffa; not that he \visited to' screen guilt br to shelter thetuit:y from punishment: hf A prosecution be adapted to the County of Middle sex, ' this Evidence would • 6e,' euflieient to con Stevenson; And, supposing the evidence' to.be 'true, • his 'Condki; he being an Attorney, 'and as 'such knowing how criminal.such behaviour must be, - was' infamous,-and it would be a reproach to' the Mini- • nistration of Justice to let , such an offender escape; but still, the Rules or Law must be preserved, without which there could be neither certain con viftion-ofguilt, or protenion of innocence.--His • Lordship was clearly of-opinion, thardnless some-. thing was done by Stevenson in London; he could not •be-convicted , on 'this information. - Mr. EttsarlrE addressed the Jury on behalf of the , Defendants ) and relied with confidenceo'n the eiTcet of his obje&ion to the -SumMons, on the point of Law. He txpeeted only the acquittal of, Stevenson, against whom there was - no legal proof, and Vicars, against- whom there was none at all. Lord KtNYON said a few words to the Jury, who found Willihm Forge Gaihj- , -- , Anthany Stevenson Not Guilty-= r Joseph Vicars Not Pailty, and James Goodwin N at The same parties stood charged' with a' similar offence, that of inducing Edward Bathor'n, ofChan dos-street, at whose house the Defendant, Forge, lodged, and kept these candles, to keep away, in.. stead of giving his evidence, at the same time ; on whom they prevailed. This was in ,Nqw-streer square, in the City of London. - The case was quite clear, and_ all the. Defendants were found Guilty ;- of which. we shall give a full account hereafter, Lora KENYONS observations on thu duty of an Attorriey. to his Client; and the secrets to be preserved in that relation, being interesting. MoRTIMER. againtt 3POCK. The Plaintiff is a Gun maker living in Fleet'. street, the Defendant a Chymist on Ludgale-Flitl. This was an Aclion for Goods sold and delivered. The original DelE was 1361. 16s. for Gins anti Pistols delivered to the Order of the Deferdati•.' Two sums had been paid, so that a Balance rema ed or 531. • 35. The Defence was, that true, these Guns and Pistols were ordered, and these sums of money paid on account, and that the 84- lance - re nained as stated by the Plaintiff, but that the Defendant did not order these Arms for him self ; but for another, as his Agent, for Captain Denton, that he named Captain Denton as the Principal, at the tune of ordering the Goods, and