The Sun. — London, England, 1801-09-11 00:00:00

Yllf 0 UTH, S E rt. THEM MAJESTIES and the PRlNtissas yeS_ terday afternoon rode in their carriages to Mr. G. Si . EWARD's house, according to invitation froth this Gentleman, who is Mayor of the Town. • In the first carriage were Colonels FITZROY and CARTWRIGHT, Majors DESBOROUGH and DEE XE It, a s Equerries. In the second,, THEIR MAJESTIES and their Royal Highnesses PRINCESSES AUGUSTA and ELI. ZABET.H. `In:Ille ..third, PRINCE ADOLPHUS and PRIN CESSES MARY and SoPHIA.. .In the fourth, PRINCESS AME.I., TA and PRINCESS SOP HIA of GLOUC ESTER, with their Attendants. The Company who were invited to pattake of the banquet were : His Grace the Duke of Portland. Earl auci Countess Roslin and Niss eofeS. The Earl of Uxbridge. Earl and Countess Of Westmorland. The Counte s s of Radnor. Baromess Howe. Lady Morris Gore. Lords HoAart, llaringdon, Waisinghant, and A. - Beauelett. The Riglit Hon. Mr. Addington. • Sir H. and Lady Neale. Sir William Fawcett. General Garth. Colonel Manninzham. Honourable A. K. Legge. Honourable Lieutenant-Colertel Stewart. Lieutenant;Colonels Lang, Vaalsittart, and Boswell. Captain Ind Mrs. Grey. Captains Ingrain and Panell. Major Wright. Mr. fawkcncr. Mr. and Mrs. Drax Grosvenor. Mrs. Drake. Air. W,lat. And Toe Officers of . the Staffordshire Militia. The ROYAL FAmity and Company *ere enter. tained with a sumptuous repast in tents affixed in tiiC gardens ; it consisted of every deiicacy i 'and the most choice viands. The spot appropriated for dancing was in the C ,s, ur.der a shade made with naval and tu'r colours 1 it had a most enchanting effect, being I . ,, 'ountully illuminated, having the appearance of a Little Vauxhall, which it was styled by the corn parry. In this delightful and rural retreat, they were amused with festive mirth. The country dances commenced soon after dinner. the partners were the on. Lieut. Col. Stewart Princess Atigusta. ~PrinceAciblphtis - Princess Nlary. Col.. Fitzroy - - Princess Elizabeth. Amelius beauclere Princess Sophia. Capt. Ci e y - - - Princess Sophia of Gloucester. The Bands of the Scotch Greys and the Stafford. .shire Militia attended. 'File decorations were under the dirthion of Mr. A m LTO N. At ten o'clock the . ROYAL FAMILY returned borne to Gloucester Lodge. This morning, His MAJESTY after bathing, rode ,flat on horseback. After bre4kfast,.the K t DIG and FAMILY, eXCIIt VRINcEss _ANTELIA, took an aquatic excursion. r . ADD ING;cON accompanied THEI R MAI IST lES On' the water. • PRINCE ADOLPHUS and Colonel FIT:ROY took the divEr,iol of snowing. His Grace the Duke of PORTLAND left us this Morning for his z,eat at Buistrode. . Major MoNtßEssct. arrived this morning, and I'ad an interview with Fhs MAJESTY ) on his re turning [rein Egypt. A Mr. *GEN:Ii s, brother of a respeCtable Mem:. her of the Irish Bar, is said to have embarked with i _HOLitArl in purchasing the Dublin Theatri—i. tioLmAs i however, we trust, has secured the ma. Ilagement wholly to himself, Otherwise discontents Ina) , arise, and struggles for authority, that can Only tend to injure the Property. A little difference has arisen between the two Theatres on a point of etipette, which hag been xaggcrated in a pubile statement, It is the custom f the Theatres to announce the opening for the season 'without specifying the Play. Each Theatre . hiad fixed upon beginning with Kiihard the Third, and each supposed that the other had intended a Vint of jockephip t by bringing forward the same alter the appointed pertmit:ince was known. T he matter however, has been amicably explained and adjusted. It seem s that the Question of Partition and In.: ( 1, 171na,' has not arisen to disturb the Political 1, 1 , 0r1d alone. The peace of the Theatrical World has been disturbed by the Br LLINGToN on the same points ; but as a P ar titi o n has been agreed upon, the question of Indemnity is fortunately put to rest. Fin act of spirited benevolence took place on IVlonday at Ramsgate, where a young man who had jumped into the sea to bathe, was so overpowered by the force of the waves, that he was on the point of . ;inking, when a person, whose name is NAstf, stripped off his coat, and, leaping from the Pier h ea d , iaved the life of the endangered person. Last week the workmen began again to build on the East front of the New College of Edinburgh. The foundation was laid in 1739, upon a large scale, agreeable to an elegant plan by the late Mr. Adam, ,t - clliteift. The building continued to advance for sever;,tl years, till the fund was exhausted. The North West corner was completely finished, and tile North East corner roofed in. The beautiful last front, little more than half up, - has been ex- Posed to the weather, till it has assumed the appear '4uce of an ancient ruin, and become literally the habitation of owl The established mode of performing long journeys at the. Cate .of Good Hope, is in covered waggons drawn by bullocks. The carriages arc sufficiently c omulodious to contain all the necessaries that may he wanted on a long journey, and also a cot or mat t 'ess for sleeping upon ; and are commonly drawn 15 . Y teams of ten or twelve oxen. The speed of an ‘ ) xin the waggon, where the country is tolerably rye% and the surface hard, is full thr ee mile s an '"r, at which rate lie will continue for ten or !'`-velv-e hours withoutlniting. This is more than a horse can do in Britain. The Ship Robert, from Jamaica to Dublin, is Put into Withy wood Pay, Jars ca. tAlt - cAStER <iatiE2s. AttGUST 21, iSOI. SSFORE ME. fUSTICE CHAMSRE AND A sitctas. IRELAND AND OTHERS HEWITT: nits was a Case of some intetest to that part of the Commercial World which is immediately con neeted with Insurance on Sea Voyages, and was conduaed with great learning and ability by Mr. Serjeant COCICELL, Mr: TOPPING, and Mr. RAINS, for the Plaintiffs ; .and by , Mr. PARK, Mr. ScAk ',Eft, and Mr: CARR, for tie Defendant. Mr. Serjeant CoettELL, in the course of his opening, observed that the Plaintiffs were respea able Merchants at Lancaster, and the Defendant an eminent Under-writer at Lloyd's. That the Plaintiffs, as the owners of the Ship Flora, had brought this Aftion on a Policy of Insurance, against the Defendant, to recover idol. (going for a total lass), which is the amount of his. subscrip tion. This Policy was on the Flora, Henry At kinson Master, on a voyage at and from Lancaster to Trinidad, premium eight guineas per cent. — This Ship was valued at 4000 l.—the Insurance in all was only for 30001. the Plaintiffs standing their own In,urers for the other thousand. The Learned Serjeant observed, that the Flora sailed on "this voyage on the isth of October 7799, and that when she proceeded from the Port of Lancaster, she was in as good condition as any Ship could be. She had undergone every repair that was necessary to enable her to perform the voyage insured. On the 78th of Qelober she met with stormy and tempestuous weather, in consequence of which she sprung a leak, and bscame wholly unfit for, and incapable of proceeding on her voyage. The Captain, there fore, was obliged to return to the Port of Lancas ter, which he did on the zeth of Odobet. Her damage was so great that the expence of repairing would have been equal to a new ship. She was therefore sold for 86z1. under a notice of abandon ment given on the 3oth of April, 1800., He understood the Defence to be set up to this claim by the Under-writer was, " that the Flora was not sea-worthy at the commencement of the voyage." He admitted there was an implied war ranty in every case, " 'that the Ship was capable of performing the voyage insured at the time that voyage commenced :" and if she were not, the In sured was not entitled to recover. In this case he had no doubt that he should, by the.. evidence of different Witnesses, satisfy his • Lordship and the Jury, that this Ship, which he admitted was an old Ship, and made a little water as every Ship did, was in sufficient repair to enable her to encounter all the ordinary risks of the voyage insured, which would entitle him to their verdict. Several admissions were first read, and then the Notes of the Evidence taken by Mr. Baron GitA-` HAM on a former Trial, which had been brought on under extraordinary circumstances in the absence of the very Deferidant's Solicitor, and when no defence was made, were proposed to be read Under the Rule of Court granting a new Trial. Ti Defendant's Counsel objeaed to this, as that part of the Rule was entered into on the Plain tiffs' allegation, that their Witnesses were going abroad, which was not the case, all the material Witnesses bein,g, at that very moment, in Court attending upon the Trial, and Mr. PARK said he wished to have an rpp - orzun;ry them. The Learned Judge however, on referring to the Rule, decided, that if the Plaintiffs required it, he mu:.• receive the Judge's Notes ; and their Coun sel declining to cult their Witnesses, the Notes were read by the Officer of the Court to this ef tea : • " Capt, Atkinson spoke generally to the repairs which the Ship had receited. He thought her a good, tight, staunch Ship, and sea - worthy in his judgment, or he would not have ventured his life in -her. He gave a narrative of the weather he had experienced while he was out, and of the necessity of his return onaccount of the Ship being leaky." " lames Smith, a Shipwright, employed to re pair her, previous to her setting out on the voyage insured, said that in his opinion she had all neces sary repairs." " Linzee, the first Mate, sail he attended during the repairS, and, after the Ship had been repaired, he thought her sea-worthy." " Mr. john BroOkbank a Shipbuilder at Lan caster, said that he had been applied to, to survey the Flora, upon her rettirn into Port, and sroke to the then state of different parts of the Vessel.---He thought that she might have been repaired fOr 12301." Mr. PARK, in the course of an excellent Speech 'on the part of the Under-writer, observed,. that that Cause was once before brought before,a Jury, but without. Counsel or Attorney attending on the part - of the Defendant. That circumstance, therefore, ought not to prejudice him. On the Notes of the Learned Judge this appeared to be a case of sea worthiness ; and it was essential, and admitted by Mr. Serjean't COCKELL, that the Ship when she sailed must be sea-wor►h 1.. y, otherwise, the Insured were not entitled to recover. Here the Insurance was on a Voyage to the West Indies ; and it must be shewn, she was in a condition zo perforni that voyage. Under the Rule for a new Trial, the Learned Judge's Notes were allowed to be read in Evidence ; but it never could be understood, that the principal Witnesses .should not beproduced, if no sufficient reason could be given to the contrary. The Vessel, the Flora, sailed froni Glasson Dock on the 15th of Odober, and returned on the 25th, without any accident or remarkable storm ; for none was stated on the judge's Notes. Could a Ship, therefore, be said to be sea-worthy for a Voyage to Trinidad, which could be„ so ilamaged as the Plaintiffs' Witnesses had described,. in so short a time ? Captain Atkinson 'and his Mate, stated the repairs previous to her sailing,' to he only about tool. though she was upon her return from her' formerioyage in a miserable condition.— A small part . only of tiv . small sum was expended on the Hull ; only two planks ora one side, and a little sheathing- nothing was done. to her decks,— . . She , wAs stated to b 'a gird Ship fot her:Voyage, and though her . age" alone would not prevent her sea-woi•thiness, yet it rendered more fepairi net:es:, nary, NO fratid• was here imputed to the Initi?ed; Sea-worthiness did not, as.•the Law now stood, folund itself upon ,fraud, but was a question of, " Whether the ship was, or was not, sufficient for sea. ?" One Witness said, " that the Vessel might have been repaired' for t 230.1,;" and yet the Plain-- tiffa went for a total loss, and did not abandon till the month of April, when she had suffered ma teilally, and only sold foi 13661; The Learned Counsel then proceeded to state, that he should prove this Ship was not sea-worthy ; and should shew the ,damage she had sustaihed could not have been occasioned by the weather, but that her timbers were rotten, and the Ship This was even shewn from the description given by the Plaintiffs' Witnesses. The first Witness called on the part of the De fendantj was . Mr. James "hidell, who said, " he had been a Ship-builder, and was employed by the Under writers in the middle of December, to survey the Flora' Mr. Smith, the Carpenter, accompanied him, as also the Plaintiff, Mr. Ireland. The Wit ness went upon deck, which, he found extremely bad. The upper and lower decks were very had ; he then went below with lights, examined her fore and aft very minutely, found her very damp with in from one end to the other ; then came into mid_ ships, and nearly under the main -hatchway, found the keelson sprung, and the stauncheon which rested on the wounded part of the keelson, tvAs_ broken— this was a very important defed. The head next the beam was very much crushed ; she was a bagged Vessel (that is, her back had been broken) ; this had .been occasioned by her having been upon the ground some time or other ; he was satisfied this was not a recent injury, a skilful Ship-wright might ascertain this. The Witness could not say elWtly when it happened, but it must have been before the tsth of October, 1799. He had taken a Carpen ter's mallet, and from the sound when he struck the keelson, found there was a defet. He then, with an axe, struck off a niece of the wounded part of the keelson, and discovered; that this was an old wound, and froth the taste convinced Mr. Ireland, that there was sugar attached to it. This the Wit ness himself tasted, and said, he had heard Captain Atkinson's Evidence, and from that Evidence, he did not think this injury could have happened in ten days. A Ship, he said, may look tolerably well, and yet not be sea-worthy. A Ship may swim or float with bad timbers, but cannot perform a lOngvoyage„?'. The Witness, on his cross-examination, said, " that if she had been stripped, new trenelledi and butt-boited, she would have been a tolerable, or, perhaps, a good Ship. He thought she might have been so repaired, as to go to sea again with these repairs. .lagged backs were not very uncommon at Lancaster. The decks were bad and incapable of keeping out the water." On re-examination, he said, "bagged backs were bad things, and that both decks were very bad," The next Witness was Richard Hall, who said "he broke up the . Flora in June. She had tumbled over the bilge blocks, and they had gone through. The quality of the timber and planks below low water, was good, but many of them broken. The bends and upper works were much decayed ; he did nor thinK I. f i r t. 8 -, 1f) sea • such a decayed state was a long time in being produced, although she had appeared better than she did when she was broken up.'' Seth ice/life, the next Witness, said, " he assist ed in breaking, up the Flora, in June. The bends and upper works wete in a very bad state, most of t hem were very . much decayed and rotten' The inside pllanks were better than those of the outside, which were very much gone. The decks were bad, but the lower one was sounder than the upper, which was very much gone. The keelson was broken in three places, or otherwise sprung,. and the under part rotten. The keelson was not damaged by tumbling over, but by the effect of time, and if he had seen the timbers, he could not have ventured to sea in her.' On cross-examination he said, " when a ship breaks her back, she shakes all her timbers. She went by the name of the old Flora. These decays could not have been produced in ten days." After a reply from Mr. Serjeant COCKELL I the Learned Judge summed up to the Jury, and, among other things, observed, " that although that cause had been there before, they must leave that circumstance entirely' out of their consideration, and - decide solely upon the Evidence that had been pro duced before them. On the former trial the De fendant had no opportunity of cross-examining the Plaintiffs' Witnesses, or of calling any of his own, and must not be prejudiced by that circumstance. The Defendant was called upon, by this adion, for a total loss, and the real question was, whether this ship was or was not sea-worthy when she be gan the voyage insured ?' If she was sea-worthy, the Plaintiffs were entitled to recover ; if not, the Defendant was entitled to a verdid. No fraud was imputed to the Insured. When a ship was insured, there was .an implied warranty, that she was, in point of fact, in a situation able to encounter all _ oun the ordinary accidents of the voyage. C sel, on both sides, were agreed upon that. In this case, the voyage was to Trinidad, &c. and, proba bly, some of the Gentlemen of the jury were better acquainted with the nature of ships than he was.• Whether a ship was sea worthy ?' was not a question of fraud, and whether the &fed was secret or known to the assured, the Under-writer was equally exonerated. The jury would consider the nature of the Voyage, and the whole of the . Evi dence on both sides, and would be better able to decide it than he, who was totally ignorant of the mechanism of a slim. The Evidence was, by agruement,to be read from the judge's Notes, which was seldom admitted, except when the Witnesses were dead. It was to he lamented, that the Evi dence was to be so given, that the Defendant had not an opportunity of cross-examining the Plaintiffs' Witnesses, and he rather wondered they had not called them again as it would have been much more satisfaetory". Here the Learned Judge read the read it, .such ,#s it is.' 140:i the Evidence of Smirk-, his Lordship; that he did riot enter into particulars, am i star hoc*. far he searched; and how he found the ships ih De. cemher, arid il.4efore he uoul have wished thC Plaintiffb had called their Witnesses. LinXei , trust:, ed to her outward appeararice, and not rC any exa:. ruination. His Lordship obsefvtd, ' that the AlliflCltOtlitieti was on the soth df April.' It was a clear rule of Law dint an Assured; under circumstances where he might, eled whether he would abandon , or not; must make an imMediate'ele6tion, or, as soon at least asi he was appri.ied of the extent of the loss; Than was a matter perfectly dear at least in Decertiber; but there was no abandonment until April: That was, evidently, too late, and therefore tir:le was no colour or pretence for calling upon the Under.; writer for a total loss. If the Jury found for the Plaintiff's, the quantum of the average loss had better be referred to a Merchant; which . was agreed to bt the Counsel on both sides. His Lordship nett summiNl up the Evidt , ,nce rdr the Defendant, and told the Jury, the issue upOn the fart was;---' Whether the Ftora, at the time of sailing, Was in a condition to make the voyage in. sured That question, he said, ht. left to them, who were better able to decide it than he was. The Jury immediately found a rerdiet fJr the Defendpm at =V 1 ot her, 'e was I inutu The rad ras, Dns, to ;MOP, rheir engage ng for extra goods East frorn arc ;It enty - i'irr7:o9 tor ; ears* epart, layors leir mr that roziciio er have ports 01 lariners ✓ to the tly pe of the g thcso al l Arrrla as CO' classed your law or ke 16th. raving b.: the r:reu LES. I► rrivc4 Maja R RA" ( sight' piiiC e cad,' le air, it was. here; trate s l in HI eludeg was. / aprifiri easur c :y af " bo g ncilea -- - ecalfie ca►lZ o n ta" !LE 0 10.1 e VeS' eat in have pa r ',ox p. r wild Still, coo- thar 4-1 ,f ibis pu .. a 3(r.1 A N3' )e or [Ch 15 , ASS Co lll ' f th e f t he >lc re ;ding 'nye' ne t/ r .e be - 3 cho jl' 111 11/.. IC is th e thei r iicr) MISS ROBERTS'ONi, f an 7 of our Readers are desirous of sttirig rai.- tiler . specimen of those talents by which the people of Greenwich and Blackheath have been deliided they will find it in the folio ling Letter, which it addressed by Miss ROBERTSON TO the Editor of an Evening Paper . ; and publidted by him last night " SISTE VIATOk I IC In the course of your journics,; lie'-vat-e of stumbdng do small things—they seriously wciond incautious feet. Now, TRAv SLiAti, be no; of fended at a Word of advice and inforrnaticin vou undertake long voyages; and are exposed . in dangers in all ciimatcstherc are sharks in the ter—;snakes in the grass ions in many voracious dogs that bite sharply ; I smart severely from several wounds I received some months ago in St: Paul's Church-yard, and other places,. even in the face of " Tl.e Sun but it did not . shine then. lam fond of animals ; and not appre hending the Dog.days were in February this year; I followed a little tan cur, who frequently ran in to 3 niche between two shops by St. Faith's. We went . up many stairs into a dark kennel, there We. found a little puippy, with a large hod, perched on a high stool behind a desk—l did not know his tricks, and kindly gave him a bone to pick—the two dogs agreed very well—l shewed them kind.: ness—this encouraged them to Cork to my houie, and seeing plenty there, they lard their heads to: gether to entice me out, and, by means of tz sheet -of paper they got in, and made such a barking, I was afraid to go near them.—No kind friend had an Ormskirk packet, or was willing to stifle them— their yells alarmed the neighbourhood—every one was seized with canine symptoms.—Snarler was so swelled, he could not return up the straits-41 , 1c tart into the Temple, where the little whelp suddenly' grew up. Having acquired importance IT the up: roar he made at Blackheath; he became dissatisfied with a kennel in the smoke; and sought a country with grounds and grapery,—You sec how mia. nute objeas thrive by attachments; he 15 as snug as Prince LUPIN'S puppy—and if he has not gained a kingdom by being the least dog, he has received malty a c'own, and now daily drives the sat g round; like a Mite in a cheese. " The Old Inn at Deptford grew red-liO ; aria threatened destruction to Snarler's client- - the dogs► invented an expedient to cool ir.—a'irktiired selves as dupes, and coilefied, the following mate, rials, which I send to amuse you, if you will con.; descend to put it among four baggage for this day's route AN INFALLIBLE RECIPE TO COOL A Hat IRON. " A few drops of cold water, taken genuine from an OldMaid'frongue, ailing from her Finger' a Wax Doll," identified by a surveyor, and my footman—;a Parson, " without grounds " or " reason "—a Physician rolled over the stones—. a slip of dark Mahogany—a look at my rich Land.: lord—and the relics of a Haunch of Venison, lodged last year in the great store-tcom of tity• game-keeperi -----These ingredients were shook together several hours---:otter mature deliberation, the thin's , the dupes made of them was pronounced " A FEMALE SWINDLER," and sent all over the world as a greater wonder than the Tower of Babel: There has been much confusion of tongues about it ; but I am credibly informed this surprising creature', a few days ago, produced three thousand at a birth— and as many more are daily expeCted ; she cannot keep them all, therefore, offers them to the humane and charitable at one shilling and sixpence each— but if they think them worth more, they may give what they please for one---it will be most gratefully received by ce THE SWINDLED." 6 ' Iruntingdon Fort, Sept. 5, 1801." MANSION-HousE.---Yestcrday a great quantity" of loaves Were brought to the Mansion-House by an inc rest of one of the City Wards, which proved to be short of the regular standard weight. The Lord Mayor conviled them in one shilling an ounce for every ounce deficient, which was paid down di. realy. The bread was sent to the Prisoners in the Comoters, and the fines given to the Gentlemen of the Inquest, to be distributed amongst the poor of their Ward. Complaint was made to the Lord Mayor by the , Gentlemen Yeomen of the Water-side, of several oyl•rtr boats having shot up their hatches and gone down the river again with a third of their cargoes, oysters having fallen to ten shillingS a bushel. Sum. monses were ordered to be sent them to answer for this conduEt. The Nais, Sowdcn, from Jamaica to Loadon, is put back leaky.