The Sun. — London, England, 1801-12-03 00:00:00

i by ''. If Et2t lsll' ile ' f t" ; .EELZ) rudgel , 1. ALE', ld, On il , NziEt, d ,' r, On 14 :„ Triarri3F flded 'turn fti tdor Cal his 01 cd at Tilete °l a Fri l l No ICH) arl Sig. A lova Liib °sl PaCl‘" .Id at t bS t o CavO it ree f the 3 St. vtoo, 4 " . J Boaibl) )ispatc ° l F 're ssV ° A dal, 4" tf Ao`, p4t ito t hat mErustcv L) 6th :id ,his 0 felt IP lost vl Led th' pest above' oti arts u` .to pts BSI per sir" ianf NAyA L, N E WS. PLYMOUTH, DEC. I. L ZielPrZail of Horneward.bound Ships from Ne l / 4 V- Z t idland, w hi c h arr i ve d h ere o n Sunday night, sailed I he Eastwa r d this morning, for Exeter aal Poole. Vizit'betb and Argo, two of tlie - Fleet, which un shore yesterday morning during the gale, It C : 'there is reason to. hope the former, W ell as the greater part of her cargo, will be ta/r eci) and the other also, if the weather proves, 14°derate. Arrived the Sloop Irrishers, from Lortdon t 0 the 'West Indies, put in td ruff, haviig tarried Y.her bowsprit, and received tither damage, in ti lt Luc gale. rrived the Atlas, Capt. Wootts, laden *ith b i4 e)-ier. from G.iernsey, bound to Cork; put in Y wntrary winds. PORTSMOUTH, DE C . 'rir is morning arrived the Aare To Frigate, . from 7/ 4 feundland, She sailed 'the %th November. The tht **etim a wl Ciliwpy, arrived- there 26th Otlnbet 4/cmette was to sail rgth NOvembq for Lisbon. : t he F/ ) , and Convoy . had not arrived; but one of bet. Convoy had arrived three weeks before the 44 rora saileds Arriv e d t his evening at St. Helen's, His Majec 111Ship Belliqueux, from the East Indies i parted qleet on Monday last in the Channel. , Put back to St, Helen's, HiS Majesty's Ships ytryte,. and Calcutta. Can; ihto liarbtitir His Majesty's Ship El car: Ite4 3 to refit. Artived several ships from the Downs, with the 1115 40fiheir anchors and eabic..;. Also the American Ship itcnur, from London to . ‘v.l3t.clforti, with the loss of all her sails, having , twebl44ays at set irr hard gales,. PA4MOUrH, :goy. 30a h 3 llLtvttt.yesteolay the bef Y t o - air rk, arain . 4 4E, with Mail from Lisbon, . 2 I days passage.-; 4 0 4: 71 I this day the ir;nee of 14"alei Packet, Toon, .14: 3 ' 3 Passage, with Mail also from Lisbon. klso arrived the Ametican Ship Beifam, ) t tl ;" 111 ington for - New:York ; the English Ship Ruity, Wir..s, from London for Martinique ; the v4l ? raamo, Capt. 0ka,"4,4O ka, "4,4 n for Tema_ ' , 14 ry 1. th e rig Ceres, C,l l- )t. NiAcx I NYOSIJ, i from tldon for Charlestown ; - and the Brig 'Aurora, ta. " l bt, John s, Newfoundland, i r days passagfe r ...- , lied the Prussian Ship julromv Hannah, Captain C**ART; for Dantzic ; and the Brig Baiter, Pt 4 PURCHASt, with tin, &c, for London, * . 14 ( : ) 4 Wednesday last sailed the Raven Bzig .of ~f O4 , of 18 guns, Capt. SAu N D EIS, with Dispatches : • t the West Indies. he Wahingbao Packet was going into Lisbon, Priwe of Wales was coming ow. .. DOVER, DEC. 2. A French Passage vessel with Dispatches arrived r 4 Calais this morning ; and the Princess Rtyal at et , 'Captain HAMMOND ) and two Bye boats, for Calais the same tide. Mr. GR ANT, Ame ,4tl Conbul in Scotland, went passenger in the kket. SIIEERNESS, Dcc. z. Stay e elvgti f am 0115e1 ) eft.° 1 (1 114 Majesty's Sloop Bittern, of IS guns ? tapt. 1- rot, has sailed for Yarmouth, Ile Pelter Gun-brig has come into Harbour. ~rh h morning the Lady of FRANCrS FREELINt, 4 .1. of the. General Post-Office, was delivered of•a ~i l l-born male child. ~~TI I e sales of Wheat and every other article were ut Mark-lane yesterday.--Prices the siMie Monday.. • • • 13 it .ast Tuesday as a-Gentleman Sias fallowing the A 4 4 '.et's hounds on the. Downs near Brighton, on I tfi n e horse lent him by His Royal Highness, ..the ' ll suddenly dropped, and expired in the Add. .)4 4 -Monday the 3oth of November last died, at k t r ston, near Sitting-Aroma, in the County of Kent, Rev. 'jour'jour HAßGßAVE STANDEN, Reetor of 4 t von 1741,he late delivery of the Letters from the Gene bttrlckst-Office, for the last three or four days, has ,th e s owing to the extreme badness of the roads, and . . t i 4ods.oecasioned by the severity of the weather. e hackney coach horse which fell into the, f ,tt e „'"u sewer in Old Bond-street on Monday, has 4 4 1 found, and got our without the poor animal's: nN.sustained any material injury. ' l / 44 1" , Eneseay advice was received at Bow. street, ti t ' the Rev, Di. - I,SPHAM, of Ramsbury, in 10,7. stating, that he had committed James S'nok flu i '"lborough gaol, who, in June last, was adeer. 41, 1 7 4 1 .- charged with robbing the Tring Mail in the 4 % 14 of May, between that town and Hemel Hem- . e is . l' i rs of the Winslow,Wendover, Aylesbury, oi d f t and Berkhamstead bags of letters. He was fl ied, titi th td, after a stoat resistance, on -Saturday last,, Aged tk"ride load nt.ar Marlborough, and upon.him were enc.- 1 %, L ; a very handlome . brace of pocket pistols, *TI) i f t er ur n to tong I „the e S• COfi nt ipal t an ROSS! . AO atlsl THE . i/44i/ii - u.i6./i.k,'ll'f,i'i T ' ', - . • , VIENNA, Nov-. 7=4 , - SINC t the arrival of the last 4 Couriers from "Pari . and London, it is gelie:raly supposed that no Pler4. pOtntiary be sent fitptii ifieviqii t.o thg Con grei:s at Amiens ; bat that every objet which ,can interest obr CoOri in the Treify baiveen England and Prance, will tie iirentled to and adjusted by the Ithperiat Arnbissidot -at - .l l i/ris, - '-,Ciftint CosExtzEL.. • to t)., The Austrian tortnnandant'alTiXireoeie L liii sent. official advice that PAsw AN OcLit has coined.at freddin, Josephine ducats, crown-dollars, and twelve Krcutzer piecet. The dollars art only of tin, silvered over, but the twelve Kreutzer pieces are in every respect{ like the linperial. The requisite notices have been issued by the proper offices to , beware of this counterfeit money. HAMBURGH, Nov. 2s. EVE lea in from Paris, that the Fete in honour of the Peace, was not so gay as the Public Paper,s re presented, and that two persons were arrested who were singing Songs full of allusions to certain cir cumstances. The Prussians have totally evacuated the Rano .verian Territory, and General KO UT has zlreatly returned to Magdebrirg. . The Bishoprick of Mun: stir remains unoccupied, but it is equally coveted by Austria and Prussia. It.is presumed here, that the Congress at Amiens will deciJe upon its• fate, as well as that of the rest of the world., :~-, ~. . . ~ The STADTHot.tnit will only' remain a few days at' Brunswick—NV e are yet ignorant what effea his arrival on the Continent may produce in Holland, btxt whatever it may be, the reiult will be nothing. The Bishoprick of Osite!burgh, it is expetted, will soon become Prussian. Bankruptcies arc frequent in this place, but as yet there has been little re-aaion at Bremas and La. heck. Theie . placeS, however, as well as this, must soon lose a part of their Commerce. An imperial Commissioner lately arrived at Al. tona,- relative to the Affair of the Prince de SALM. The result is yet unknown, but public opinion leans to a favourable issue. Mr. SinnoN . S made his second appearance at Covent-Garden Theatre last night in the charaaer, Of Othello. Hid 'representation of the unhappy. credulous. Moor we. have already noticed, and we . have no reason for retzaaing the favourable,opi nions which his merits drew from us. The, part requires the talents, judgment, and experience -of . master in the theatrical art, and Mr. Stupors plays it, at least, tke a very able Student: He has the merit of aaing from the diaates of his own mind, and those diaates are regulated by good sense and manly feeling.. It is much to be regret_. ted that he cannot divest himself of the aspiration which attends his delivery, and which, as we have before observed, is a common pritaice on'the Stage.„ It was particularly evident last .night. We'thinic it proper to spef;ify his manner, in order to rends; him fuify sensible of it—" Thou had'stbetter have been borna deggei;a. Agra, lago," inter jetlional appendage to his words sometimes terms the sentiments of the Author, and even ex cites. ludicrous feelings. Mrs. GI, o v R makes More than we ,expeeted of, Desdeotona. She is a very good Actress, but her forte is Comedy. Mil.. Lyre/I-FIELD, in Emilia,. was as usual much more `sbaraaeristic in her wing than in her dress, *hich was equal .in finery • to . that of her Mistress.--:- CooKE's lago had all his usual vigour and subtlety.' The performance•altogether deserved a better Au diente. On Wednesday se'nnigh - t a melancholy accident happened alongside the Achilles, of 8¢ guns, lying at Plymouth. The men having been paid wageS and prize-money, a- crowd of shore-boats were plying round theship, with bum.boat women, 'slop-sellers, and Jews, wanting. to get on bgard4o sell their different wares. They were rep,eatThy ordered off by Lieutenant Mu DGE, the'OttA t Oil ' ileCk, Who found some of the seamen would e'ildeour to get. into them, and run from the shi t ', whichw::s then under orders for sailing. OHL of die seamen of the Achilles was With - SOtne girls in a boat along side, and did not come on board when ordered which so enraged. Lieutenant MOOOE, that he threatened to fire .at. him if he did not instantly obey. Lieutenant Munt;E then asked the marine sentinel on the gangway if his musket was loaded; he answered it was not : upon which Lieutenant MunGE took a ball cartridge, twisted off the ball, and rammed down the powder, merely to frighten the seaman : he then fired ; when die..enhappy con sequences which followed proved that the musket Wj.^2 loaded previously with a ball. cartridge. The ball struck the seaman in the face, perforated the right cheek under the eye, which was protruded on the cheek, and passed through the orbit of the nose, occasioned an exfoliation of the Palate, and passed" out at the left jaw. After - having his wounds' dressed by the surgeon, he was conveyed ashore to the Royal Navy Hospital, where he died in great agony on Thursday night. The poor fellow, as well as he was able ro 'articulate, in his dying mo ments declared that he considered his death as un intentional on the part of Lieutenant MUDGE. The Lieutenant, however, was instantly put under arrest, in the Cambridge, of 84 guns, and last night, at seven o'clock, the Coroner's Inquest, who sat at the Royal Hospital Inn, on the body of the seaman, returned to Mr. Whitford, Coroner for Devon, a verdia of Manslaughter. Of course he will be committed'to- Exeter gaol, to take his trial at the next spring assizes, unless an application, which is intended to be made to the Court of King's Bench, to admit him to bail, should prove successful. Lieutenant MUDGE hav always borne a" most excellent charafier; and it' May be natu rally supposed that this unhappy circumstance has plunged him into the deepest distress. His situa tion, indeed,- is altogether such as to excite the strongest interest in a feeling mind. His father in-law, the gallant veteran Lieutenant BevANS, Was lately drowned at jersey, in returning in his cutter to 'his gun-boat ; and his amiable wife, Mrs. MuDGE, is fax advanced in a ttatc of preg. nancy. z.~ v rrrarr; COURT OF KING's tENCII; DEC. - a CyrrpiGs BEFORE LORD , KL1,4011 IN WRSIbILI LT,.. WESTON < , maS an getiou fur assault am false prisontnenr,, The. Plaintiff was what is called a Chatter-Party Passenger, anti came Pramthe Cape 4:Good - HoI . ); on board the Dublin Jiast Inaiarhan to London. :The Defendant wasAhe-Captain,..ol t h at Vessel. He pleaded first, the general issue,: not.guilty; Se condly,, a . plea of justification that. there was - a dangerous mutiny and riot on2board,'.and he did therefore. beat and imprison the-Plaintiff a little, but which he did for the necessary order and discipline of the Ship.. r • Gata.ow opened the case.. on - the, part of . thellaintifi; and stated the. cireamstances as they afterwards appeared in eviderece, - -and.which We-de °tail:the material parts of as they were- given 7, _• -.Edward-Bancroft being sworn, said=l was, seri vant of Captain Iteaf: I remember the ,Plaintiff .William: Weston being on, board: •- 'He had - -been , a Gentleman's servant, and I fohtid hint on board or; 1 our hoMeward bohnd voyage at the Cape of • Good Hope. He Came on board 'as • a Passen ger to come to. England.- He , had no 'duty to perform on board the ship: - he teas only a. mere passenger. I remember the time he: was flog; ged "by .Ihe Boatsw•ain. He hid, during his passage; engaged hitriself to serve a Gentlerrian on board, to brush his coat, and do the common offices.of a servant. He was. the servant of an, officer on board, of .the name of Masterson. He was net an Officer of the Ship, but -an Officer coming home in her. I re. member Weston, the Plaintiff, going on the poop to fetch his ma..ter's Coat from thence i the Captain was then in the cudtlY. The Captain is now in Court, here he is (pointing at the Defendant in Court)..— • The first I. saw.was . the Plaintiff coming on the poop to the windward. He was put back by Mr. Davy, the Officer of the Ship. It. is not for any but the Officeri to go on the pdop , to Wixrdward.— Others should always go to, lee Ward. He was • put back •by Mr: Davy, the Chief Officer of. the Ship,' and checked ;• and he then went to leeward, as he ought to 110 Ye done befbre. He.cathe down upon the quarter:-deek : Captain Keay Collared him. At this time Weston had given no offence to Cap_i rain Reay; or to any body else, that ever I SAW.— Imme4iately on this being Presented to him, the Plaintiff went to leeward submissively,and he made no resistance. There was no. riot, or. mutiny, or noise on 'board, that ever I saw, or heard, at that time, or at any other time.--None at all. All that he did was either without knowing* it, or carelessly going to windward,:_;and on its being pointed out to him to go to leewatd; he did so, submissively. On coming upon deck the .Captain .seized lush by the collar, and called the I3oatsWain to .bting him the poit:t.. - . . • Here Lord KENYOK asked what a point was:?—.. lipon.which - one wits brought,Avhich:was i ; knotted acrd hard twisted, double•rope, to sheet! :to. his Lord . ship and the:Jury ; it was knotted- at-iboth and said to be made for'infliaing the :severest _flog ging known oh board' a ship: , The Witness. then, .proceeded:.—.-.. He ordered the . Boats Wain to collar hint, and to .pnaish him with it ; he told the' lOatswain to take hold of him and to purtish'hitn. The words that recolle& were; ci Take him. and flog him," . At this time it was fine weather, and °nothing. that. I know• of, prevented the Captain from calling . The 'Officers together ; Mere was nothing .t h at I saw to prevent - )11m from calling them together. The Boatswain executed ,the order of. the Captain—he took the YlaintifPhy the c011ar; twisted the point round his. hand thus (showing it ); held. hint by his collar, and then :threshed ,liim with it on his lxiek. He did , that severely, as' severely as he could; believe.- : "I . he Captain stood hywhile this was goihg forward, as near as you (meaning the *Counsel) are to' me, which was thred.'63 ftnir yards. Lord KENY9If. many - blows did the Plaintiff receive ? , • . .. - A. I do not kno*---4 — tlid . not - count them. — While this was going WeitOn asked the Cap, - ta:n whether he meant to" murder hiar? The Cap tain- made no answer to 'Weston, but he 'said to the Boatswain, " lay on, for Ile'seenis to like it," and the Boatswain continued .to lay on until he was, I believe, out of . breath.: cannot ffigm a judgment how many \ ' . blows he received, but as nearly as I can guess, he received between thirty and forty blows. I haite seen punishment onboard ship .by order of Courts Martial, ivhich is by con sultation of Officeri, which is•alwaysby a cat of nine tails : Comparing that sort of - punishment with this, this was the most severe. If I had been to endure the one or the other; I had much rather :the cat of nine tails than this point. After the 'boats** had, gone .on 'until I think, he eoUld4o on. no .longer for Want of breath, as the Plaintiff - was endeaVouring to go along on the quarter-deck, he said to the Cap- . tarn, with his cap in his hand, " Thank you Sir;" and tfen CaPt. Reay ordered him to the poop,: Which , is an ele‘Nrww‘part of the Ship, and that is-all: that I saw. I. do not know how long he was detained there, but that was a place of confinement to him, for he ordered him there as a Prisoner ;.• he ordered him to go'there until he .was relieved. - While he was ordered to the poop he-was not .at liberty tk., stir, until he was relieved, or until he had per mission. I do not know how long 'he. was: there, but it was for some hours, I believe, but how long I cannot tell, I am sure ; for I do notknow the time that he was relieved. I did, not observe how he was afterwards. Upon my solemn' . oath, the Plaintiff, at the time he was flogged, had not. given any offence to the Captain; or any other person, except going to windward instead of going to lee ward; none other that I saw. The reasontfor such persons as the Plaintiff not being permitted to go to windward is, that the Officers generally walk on that side of the Ship. . The Witness underwent a long cross-examina tion, in which he did not contradia any of his former evidence. J. Wynne, a Sailor on board the Dublin East Indiaman—l remember in the month of April 1800, '' Flairti being . oh the aec4.when was goig He Was beat witira point—such a thing 'ai _ ‘, d 6 ha - t 3. I die. take any .accoutl.tQf them. (1,0 _.nor .k.nov;' tv - hat was sill by the Piaintifrto the Defendant; from or fro fre 37efendattt to the Phintig Y , was not rl,:ar enough to 'hear any. thi:ng,:th,at.passc,i saw the punishnlipt.- 1 1-.. ;-artc . rwafds "had an cf,lpor. nin4 of sce - ::ng 14-back, which ivas in a ind state. The ‘Tias riot tied:ut;, rlshe'Roatswair, hold of him with eirteliand and beat "with the other.t whea mns l are pikniihed ,4y paler of the Officers, They -are.tied 41t. J cannot.say !tow many blows he received. I did'not tAlcei.anyTarticular riotice . of it, and..therefizre T. prin . ° t, :speak to that, I saw his .back the -ne - xt:A ,y ;-it I was very much bruised, arid so were his.arms. On-cross-exarninatioo, she sad nothing to eon tradiet his examination lie atifnitted there was a soldier oir deck in cOrlfinemen , t, but for what • he. could not - tell, , nor • could he. say whether that . . soldier was in irons or not. Robert Shepherd —, I was -Ship's Steward on board. the Dublin.. saw the,•Boatswain flog the_ Plaintiff . ; I looked at it through the.hatehway, and this I did in consequence of what the Boatswain had informed me. I saw the Boatswain collar him and give him a starting. The Captain was standing by; pretty near. He got the starting severely. Ido not know- what tl'e Plaintiff said ; I nevg.r rook any 'noes of it Mt - the Captain " Give it him, by , on, 'he' seems to like That was the expression to the best. of 'my reeollettion: I dare say -.the Boatswain, was .obedient,to his orders; it was!his.doty to.he so.. He kept on threshing hint withoutcessatiOn.. . Q.. What occasioned his .cessation-?, A. I. believe, because he,wanted wind:. Q. ID plain English, he appeared. to you t o b e out of ,bteash, -with the_severity of - the exercise ? A. It appeared so to Me.. Q.. We do not exped you to tell usi exaaly, how many blows he got? A. .YeS; I can s for I counted. thern4, .• Q. froilimany JA.ows did. he get.? A. Forty-four.. . , . Q. That is 44. blows with the, joirla . le rope ire • have seen; which made eighty-eightiinpressions'? A. Ycs, certainly ; exaetly so. 'When the Boat swain got out of breath Saud could no longer goon, I think the Captain ordered. him oh the poop. That was a place of • confinement for hint, as I thought. If I had been_ ordered there. as he • was, I should, have considered myself as. a prisoner.- there. I can not say how, loug_he continued there. I. afterwards saw the .conditiOn of the Plaintiff.: he was --very niuch , ;beat:about the baelcand.arms; and breast.— Hehatlx.brown , thin jacket 'on when he was beat. I have:frequently seen pimishment• iniliaed by or der of:the Officers.: the offend.ers are tied, up and :beat with,a cat of ninp-taits , : comp,iring that with the flogging which . 'the Plaintiff received, I should consider that as much more severe . than the regular punishment.... , 10 a !question w.liich,was,, put, ip.,c.onsequence of an insinuation that the PlaiMif „lauglied. when the stripes Avery given" to him—the'Wirness said fl he -saw no . such thing." .To rnothcr, put for the same reason,'whether the Plaintiff did.not say, " If you will find rope, I will find back," the Witness said, " I did not hear it ; and if it was said, I think I must - have heard it..". '• Thomas Manning. When " the Plaintiff re ceived-this stvrting, I.was standing on the main .deck. ..The first - thing I saw was . the Boatswain - beating the man. -I did not see what past before know nothing more than -that the man was beat for a considerable time, for I was not near enough. to hear .what passed between - them. I thought:it wets so-cruel` that I walked below. I did not like:to take,a look any more at it. Ancither' witness, proved that the Sur dressed the .Plaintiff, but he- was not"here. , Re had heard. •that the. Surgeon - who dressed the:.Plaivtif was , ,drowned, and believed-it. He 'also negatived the assertion, ~ .that the-Plaintiff said, " if you find rope •Lwili find . back i"- and he =believed he was near enough to have heard it if it :.hadleen said. Indeed' believed, if been said, he' must have heard it. _ Mr. ERSKI NE then addressed - the . Jury for the Defendant : the topics Which he, chief y dwelt were, :the necessity of subOrdinatiOn, to support which, Officer's were, sometirries; - driven a little to, excess in their haste, and;- someciThes, with the best -intentions; and even kindnas tocl%lrds the.objea the chastisement; for, if - they were- to bring them. to.CourtMartial,..their fate would he harder. The 'aetualdanger in' which this Ship .was, - having per sons with a dispoSition to rnUtiny=on . board--hav ing some French-Soldiers, and those•'who belonged to : a corps. that behaved so desperately oa shore in that they had been decimated, that is, that, every tenth man belonging to the Corps, .had been hanged. :•:- That others - On board, were -Traitors to this Country, having -attempted to desett to the Enem,ir. That a fete' moments `before this man was 'flOgged by order of the Captain, a soldier upon deck, had. set - :he example of mutiny to the, ‘crdiv, who came in crowds to hear him '; damning, the Captain, and hailing the King's shilr which was the convoy. of the ship, and desiring that he might, betaken on board of That: E'itintiff gave colour, to this mutinous disposition- by IT)e insubor-, .dination of going on the windward sitt2 of the ship„, when it was the - duty of al:, ioferior . -p-enons, togo to -the leeward. On- - the --That the Captain commanded all the crew to.go dOwn•ft-''oin - -Che deck, and that the Plaintiff vyaf • the 'lust vman;who ‘vent down, %::that in going doe. , n, 2116- - brake 'the Venetian blind: of a cabin window with his foot, and appeared to treat the orders of the Captain with contempt. That he braved.the orders of the .Captain when they were laughing when the,A•oatskfsain came to , chastise him,. and saying', . if you will ,find rope, I will find back,". or something to, that effed.— That 'to check such intolerable insolence,, and to set a wholesome example, the Captain ordered him to be flogged, in which,. if • he was not justified, he had not so erred as to be subjed to any thing like Seriousdamages, for that if large datnages•were given i'n such cases as . these, there would.be an end to the service; Lastly, that the story told by the Witnesses, was mainly improbable, for it would seem by