The Sun. — London, England, 1801-11-16 00:00:00

wear, got on shore under the Lantegnano j3attery, to the Southward Of Leghorn, where her masts soon went by the boarct,'",nd the ship totally loSt, having struck her Colours ivithoUt making any resistance. She proves to have beeri,La Bravoure French Fri gate, of 46 guns, commanded by Mons. Dbrdelin, carrying twenty-eight - twelve-pounders on her main deck, with Two "Hundred 'and Eighty-three Men, the Captain and - several of his Officers being made prisoners of the Minerve's Boats. Captain Cock burn informs me, that in consequence of the surf running high, night coming on, and the Enemy on shore firing upon the Ship and Boats, he was pre vented makiing a greater number of the Crew pri soners ; and would .have burnt her, had it not been a certainty that many , . of the Enemy must have pe ried in the ilames. Ciptain Cockburn speaks in the handsomest man ner of Mr. Kelly, his First Lieutenant, as well as of the rest of his Officers and Ship's Company, on this occasion. I feel much indebted to Captains Cockburn and Gower for their zeal and a&ivity, as the taking and destroying these two Ships completes the de nolition of the Squadron of French Frigates (in less than a month) which had been employed in the Blockade of Forth Ferrajo. I beg also to mention, that by the exertions of Lieutenant Thompson of . the Phoenix, and the men . employed under him belonging to the different Ships, the Success has been got off without receiving any Material injury. The .anxiety shewn by all ranks cn board the Phoenix to get up with the Enemy, can he better imagined than I can describe. The above Frigates left Leghorn Mole in the evening of. the 31st ult. with orders from General Watram to attack the Phoenix, intelligence of which I had received about a week before. I have the Honour to be &c. &c. Sze. (Signed) — L. W. HALSTED. Sir J. B. Warret, Bart. K. B. Rear....idiniral • of the White, &c. f . c. Admiralty-Office, Nov. 14, TBOI. Copy of another Letter from Admiral Lord Keith, &c. to Evan Nepean,. Esi. dat;) on board His Majesty's Ship Foadrojant, I'alettc, 05. 8, iBoi. SIR, I have the pleasure of acquainting you, for the information of their Lordships, that His Majesty's late Sloop the Bull-Dog, has been recovered from the Enemy by the gallant exertions of Captain Lord William Stuart, of His Majesty's Ship Champion ; I enclose a Copy of a Letter from Captain Rogers, of the Mercury, conveying the intelligence of that event to me; and have the Honour to be, &c. KEITH. Mereurj, Gall' of Tqrente, Sept. 17, ;So!. MY LORD, Having received information that His Majesty's late Sloop the Bull Dog had sailed from Ancona, on the zgth of August, with several Trabaccolos for Egypt cr Tareuto, laden with cannon, powder, shot, &c. I went immediately in pursuit of them with the Mercury and Champion ; and, on the morning of the rith, just entering the Gulf of Ta rento, we had the satisfaaion to discover the St. Dorothea in chace of the above-mentioned vessels,. but at a very great distance. to windward, and it was impossible to get near enough to keep sight of them after dark ; however, we - continued beating to windward all night, and, at day-light, the Chant p'o.n made the signal for seeing them 'to. leeward, close in with Gallipoli; but she was unable to pre vent their anchoring under the guns of the garrison ; this was, however, 'no check to the gallantry of Lord William Stuart, who persevered in a very dis tinguished manner, notwithstanding . the fire from the Batteries and the Bull Dog, until he got close under her stern, and then gave her so warm a re turn, that in a few minutes she hauled down her co lours, and the cable being cut, was soon without _reach of the Batteries.' There were four Trabaccolos and a Tartan with the Bull'Dog, all of which had warped close to the walls of the Garrison,.exce p t one Trabaccolo, which Was well in, and defended by the Batteries ; but the Mercury was enabled to get so near as to drop a boat and bring her off without mischief; she is laden with brass mortars, belt!-pieces, 4:e. and was • destined for Tarento. Lord William Stuart reports one man killed on hoard the Champion, and several shot in the masts and hull, chie4. from the Batteries. I have, &c. THOMAS ROGERS. Right Hot, ilatin.:rol Lora' Keith, K. E. PORTSMOUTH, Nov. 15. ARRIVED this evening, the Boaaccea Frigate, from the Westward ; and another Frigate, name unkro‘vn, with the loss of main topmast. Passed by this Port for London, the American Ship John, flow 1. , master, from the Ilavannah. Sailed the tVaidsiolle Frigate, for the Channel Fleet. ing, and sailed again this morning, in company with the Kia George Packet, Captain FLY N, having on board the Mails of yesterday. , • His Majesty's Ship Conqueror, of 74 guns, will be launched from the Dock-yard at this place on Saturday next, the atstinst. provided the weather proves favourable. DO✓ER, Nov. is.. A Bye-boat sailed this morning for Calais, with several Passengers, among whom were Lord CLAN, wit:LlAm, Sir Ro SMYTH and Son, &c. This afte s poon sailed the ,Prtrce of Waes Packet, Capt. SUTTON, with Mr. /Jut., who is going as Secretary to Mr, jAcltsoN, at Amiens ; also Mr. WIFFIN, the Messenger, and Dispatches. - HARWICH, Nov. Ts. THE Prin:e . orPrgu.ste Packet, Captain 3)ttoo, with the Hamburgh.and Brernen Mails of Tuesday last for Cuxhaven, meetiniwith a contrary wind ar .sea, returned to this Port, after Po;it, Friday even. 1.0 2s.;I)(YN : Printed by B UCITA kIA N 11.1. AN, (of Pow -street, Covent-Garden. At thp Spr!-QvcicE ) No. 12y Strand N,vhcte 4civertistwats, Ofders I LAW REPORT. COURT OF KING'S BENCH, Nov. 14 THE KING V. OWEN AND MARDELL. This was a Case of great importance to the Pub lic, of which an account appeared in our Paper. The ATTORNEY GENERAL now prayed the judg ment of the Court on the Defendants. They were called on their Recognizance, but did not appear ; their Bail 'did, and by - their Counsel prayed, that upon payment of 10001. being the penalty in which they were bound, they might be exonerated. The ATTORNEY GENERAL observed, that the of fence of which these Defendants were conviCted, was enormous, it was much to be regretted that such offenders had, by the pradice of the Court, been enabled to escape from punishment. They were men of considerable property. They had en tered into Recognisance for their appearance when called upon ; now they were not forth-coming, but had fled from Justice ; the Bail were here ready to pay the penalty mentioned in the Recognizance in which they were bound ; that was not the °bk . & of the Prosecution—The objeta was, that such . guilty men should be punished, not that their Bail should pay a sum of money, as was about to be done in this case ; this had brought into his mind an idea of the necessity of altering in future, the form of a Recot.: nizance to be entered into by those who may be come Bail for the appearance of persons who shall be convkled of misdemeanours, in order that am evasion of justice, similar to this, may be prevent_ ed. He then suggested an alteration.in the form of words of Recognizances for this purpose, which Lord KENYON said, he thought, on the sudden, might be very good, but that the matter deserved to •be considered ; for that Recognizance of Bail was not ad libit4m, but was matter subjeta to the rules of Law.—As to the case now before the Court, he remembered it perfeElly well, a thousand pounds fine, supposing the ,Defendants had to pay it back again to their Bail, was no commutation for the offence—it could not be commuted, and he knew very well the Attorney General would pursue these Defendants as far as the rules of Law would carry him, because the proper sense he had of his public duty, would induce him to go that length, and this payment of the penalty could refer only to the engagement of the Bail. The Defendants would. still remain liable. Their offence was certainly a very bad one. They were Tradesmen who kept two very large warehouses in Houndsditch, he remembered.. All, however, that _could be done' now was to see that the Recognizance was entreat ed into the which was the King's Re venue Court, and the ioool. penalty should be taken by the Court here, and paid into the Exchequer, in the form which the pradice. of both Courts pre scribed, of which he did not pretend to_ possess mi mite and critical knowlege, but he did not appre hend.there was much difficulty. After a good deal of conversation at the Bar, the Bail deposited the roool. and retired ; by which, as we apprehend, they ate exonerated. SHEERNESS, Nov. is. YESTERDAY arrived His Majesty's Ship 3urprize, of 32 guns, Capt. Osw ALI), and Arroew Sloop of War, Capt. BRODIE, the former from Yarmouth, 4nd the latter from Margate Roads. Sailed the Vixen Gun.boat, for the Downs. The Amphian has gone to Chatham to refit. The Court Martial on Vice Admiral Sir WM. PARKER, was held at Portmouth on Friday and Saturday on,board the Gladiator, Admiral PASLEY, President. After hearing the whole case on both sides, - the Court was of opinion that the Admiral was justified in sending the America and Cleopatra to the West Indies, but that he was indiscreet in the detailed intrusions for their return within the limits of their station ; but the Court declared the general character of Sir WILLIAM to be such as to preclude the idea of 14 having been influenced by any motive not connected with the good of His MA. ES 1 Y's Service, and therefore most honourably ac quitted him. The President, Admiral PASI, EY, complimented him in the handsomest 'manner, on returning him his Sword ; the bells of Portsmouth were rung on the occasion, and the many friends of this respelled charaEter were eager to congratulate him on the very honourable termination of this affair. 'The Members of the Court were, • AdMiral 17recident ; Admiral rw Capt. STOPPORD, Vice• Admiral G Capt. ye k it, Rear-Admiral HoLLow Ay, Capt. DURHAM, Rear-Admiral Torre Capt. SOTHERON., Capt. Szta;.lNG. Capt. Hoop, Capt. PATTERSON, Capt. NEwm.•.N. Capt. WIIITI3Y is appointed to the Belleide ; Capt. T. K. RICKEITS, as Second Captain to the Hon. Admiral CoaNwALLis; and Capt. LoitiNG, to the Prince, vice EarlNownizstc, sick. Capt. EwsoN, of the Navy, is appointed go. vernor of the Naval - fospital,, Plymouth, !ice Capt. CREYKE, rest ued. We have already stated, that Marquis CORN WALL is arrived. at Paris on the afternoon of the 7th. His journey thither was not the most agreeable, as the weather, with the exception of one day, was uniformly bad; and one of the Vessels with his baggage ran aground near Calais. His Excel lency slept one night at Amiens, at the house taken for him during his residence at the Congress. The morning of his departure from thence being fine, the people crowded from all parts of the town to see him, and he was several times under the ne•- cessity of appearing at the balcony, to satisfy their curiosity and impatience. .Nothing could exceed the congratulations and testimonies of respeet which were shewn him wherever he passed. About two posts from Paris, Lord CORNWALLIS Was met by Mr, MERRY, with whom he entered Paris in his chariot and four. The other carriages followed, escorted by 150 of the finest Hussars in the French service. The magnificence of the equipages, and the celerity with which they passed along, excited the astonishment of the Parisians in no very, trifling degree. They„ had previous notice of. His_.Excel_ lency's arrival, and the streets were lined with peo. pie. The carriages drove to the, Hotel Grange &atelier, on the BouleVards, where a most magni ficent suite had 'been hired for the aecommodation of the Embassy. It is the finest - hotel in Paris, and has the appearance of a Palace. O'n Sunday morning Lord CORNWALLIS was introduced by Mr. MERRY to M. TALLEYKAND, by whom he ,was invited to dinner, with the other Gentlemen in his Suite. On Monday morning he was ,privately introduced to General BONA_ PARTE, and afterwards went to see the Museum, and the National Gallery ,of Paintings. After taking an early, dinner at his Hotel, His Excellency went at five o'clock to the Palace of the I'huilleries,, where apartments had been prepared for him, to see the illuminations. From the different aspdis of that building, and the Gardens, His Excellency could see the fele in many different direaions. 'On Wednesday Marquis CoßxwALLis gave a grand Dinner to JOSEPH BONAPARTE, TALLEY RANb; and several General Officers of the first rank in Paris. It was intended that Lord CORNWALL should leave Paris this day or to-morrow, for Amiens. A Guard of Honour is appointed to do duty at the Hotel where His Excellency resides, and whenever he passes any of the Guardhouses, the Soldiers turn out as they would for the Chief Consul, No such attention is paid to any oilier Ambassador,' The present seasoi will ba an xra in Lotteries : it will also be recorded in the page of history, as the auspicious sera of a general peace, and, our domestic annals will note it as an sera of plenty : hence, the present Irish Lottery will become memorable not only as the last to be drawn in Ireland, but in rela tion to its coincidents—gcneral peace, and local plenty. But will it not he further produaive of zras in the lives of many, who, from having gained Prizes therein, will thence date the commencement of their affluence, independence, and prosperity ? Iti fine, the most plenteous crop, and abundant harvest having been fully got in, it- 'only remains to apply the golden sickle to the Lottery harvest : harvest of Prizes home : and a merry Christmas ! . The Government Express from Dublin, with the first dWs'drawing of the Irish State Lottery, can not arrive before Wednesday morning. Tickets 4nd Shares continue on sale at the Old State Lottery Office of SWift and Co. No. Ix, Poultry, appointed fly 114 Majesty's 'Commissioners to receive one of the six Copies brought by the above Daily Express. KERSLAKE p. SAdE AND OTIIERS. The ATTORNEY GENERAL said, that on a for mer day his Learned Friend, Mr. ERSKINE, who was a leading Counsel for the :Plaintiff' in this Ac tion, said he could not .resist life application which was nride for a new trial in this case, upon which the Court ordered the Rule to be made absolute. —The Motion was. made without the Usual con dition .of the payment of Costs of the former trial,' and which he thought he was justified in doing, on account of what he had no hesi tation in calling rniscondut in the, finding.. of the. verdict. He apprehended that in such a case the Court would not give the, Plaintiff costs, and therefore .the Court made the -Rule absolute in the terms of ir,.which said nothingacosts,. But altho' the Rule was thus made absolute, yet the Attorney on the other side was ple:aed:fei think himself wiser than the Court, and insiSteVthat the Rule should be drawn un,An the forni which is usual in cases of new trials Of a common kind; ,that was, on payment of the costs of the fortner,trial r .although the Court had made the Rule absolute' in the terms of it. Mr. ERSKINE said, he 'would explain to the Court In.; a few words how;thii matter stood— Mr. GARROW and himself,' Wiiii were of Counsel for the Plaintiff in .thii:Adioni . having 'attended, as it was their &ICY ‘td , attend, , th'ivhat' fell from Justice LE BLANC; before: 00M this trial took place, in his .address to-the Jtir3i-, and feeling, as they ought , to feel, great•resped for what fell from that Learned-Judge, whose opinion was certainly against . the Verdia ; and apprehending that .the Court would not suffer - Verdid, under such circumstances, to stand, - they. had deter mined not to trouble the Court upon the subjea ; and, perhaps, he . was too forward in giving the point up, for he confessed that he had not observed the manner in which the Rifle.,was drawn up : as the case was entirely upon matters Of faa, in which there was no point of law ; and as the verdia could not be said to be contrary to the whole evidence, since there was evidence 'on. both sides—and, if wrong ,at all,, was only a wrong. inference against the weight of the evidence. He had thought, - hastily, that the Rule was drawn up in the usual form, which was (as the Court need not be told), a payment of costs; otherwise, undoubtedly, he should not have given the matter up in the way he did, for he did not so much as call for the Report of the Learned Judge. He would now make a pro posal which might cut this matter short, and which appeared to him to be fit to be acceded- to. Let it be left to the diScretion of the Learned Judge, be fore whom the Trial took place, to say whether the new trial should be on payment of costs or not. The ATTORNEY GENERAL said, he should assent to whatever the Learned judge should direa in this particular. Mr. Justice LE 'BLANC then said, it appeared to him the best course to let the costs of the former Trial abide the event of the second ; to which the Court assented, and so the new trial was ordered to take place ; Lord KEN VON observing to Mr. ERSKINE that at the tir i le be gave up the contest for the new trial, he appeared to -his Lordship to aa with great discretion. 1); and Published by WILLIAM ARP ! IIGER SCRIPPS (of Horse-ii FOI ,the Paper, Letters for the Editor, .erc, aost-pai rerry-road, Westminster) ; id); must be addressed, COP.ENTRY, ) Sov. 13. are here thrown intu a very unexpetled tioncering bustle. At the request of a great mill i ; her of the most respedable Inhabitants., who w ished Mr. Jr rvEt.ys to continue our Member, he insert' ed an Advertisement, expressing his intention agate to offer himself, and accompanied this Address by personal visit to the place, where' he was received in a manner to which his services to the City o' titled hint. In a fe.c days, much to our surprizel an Advertisement appeared, from our other Metu ber, Mr. BIKD, stating his intention (f;;I• the pr' pose of preserving bsdepentiewe of terottm) t o intraauce a new Candidate, as his future Colleague; in opposition to Mr. jErr ER VS. 't his has cause', much emotion here, as the Inhabitants, who are wel l satisfied with the conduct of Mr. jp.r.rrltys, do not consider the nkasure.propo , ,ed by Mr. BIRD 0 at all likely-to promote the lmkpendence of el Ele , s.tion Franchise, and has excited such a u nion interests to support the right of uur own choiec' that there is every appearance of a change in tile Representation of the City of Coventry when :n portunity offers, though not. .in the way propose 3 by Mr. litßn l. . The Gentleman intend e d to he'l Candidate with Mr. Eta n, is said to he Mr. Go' GRANT, a Gentleman well known on the Turf. FROM TfIE BOMBAY GAZETTE• • , On Sunday morning last, May 3, i 8o;, died, 0 22d year of his age, ARTHUR ANDIUW F0R13 5 1 MiTcHF.I.I., Esq. of Thainston, Aberdeenshire, °` the Civil Service on this Es;.ablishment, and a Parr" ner in the House of Messrs , . Smith, Forbes and C 0 Mr. Mitchell was a youn4 Gentleman of great FN' mise in every point that distinguishes and fixes r ll6 charaCter. He had already given strong . proof; 'O f : his tints for public business; having, at the age° f nineteen, filled a very difficult, responsible, and 1'; borious office in the Province of Malabar, with equal zeal and integrity, highly to his own credit, an" in an eminent degree .to the satisfa6tion of his s° 4 periors. In private life, his punCtuality and asst' duity were equally conspicuous, and would, t 1 time, have entitled him to great considefarion l 2 the commercial world, He had a mind-stored -wi t : maxims for his coudul in society, which would W.' done honour to a much more mature age ; and 111 , 9 discretion in the prance of them, was 'attested IP the love and esteem of a" wide circle of friends, %!ir' A '' will long deplore the catastrophe by which he 11 3 s been cut off from them in the flower of his youth SHIP NE 3. POOLE, NOV. 13. Avrived—the William and Mary, Baynes, from y" l4 mouth; ,Nunn, Holloway, from Lymington; and. L'ksr rance, L 'Eclair, froM Cherb6ui - g. • Sailed—the Good Intent, Ballard, for Cowes; Aail Per v, for Lymington; Dart, Beal ;Williams; 41 William . • ' Industry, Trevitt, for j Portinpu;!). • GRAVESEND, NOV. 13. Passed by—the Minerva, Boyd, from Petersburg ; Hope , Davis, from Rotterdam. ; and Print:eat Wales„ turner 7 frorli Hudsolf.s Bay. • Werwagting, janspa; Two c; obroderai ser, and Vrow Gesnia, • , for Embden. Nov 13. Bassed, by-the .N.Ggdaiena, Anderson, frf , j 6l Norway ; De Vrow lielina, Defreis, Iron: Dort; Jonge Woldoit;• , from Antyerli. • • • Sailed—tile Cove,. \V ya;t, t•ur Toba,;o, , —.e MAR R LED. • - • On •. • ta Fridiy. last, lA;lss $. A, Piqtell .C.aqtafbnrY), Thomas Mitchell, E. of Dover. .; On Saturday last, John S. Walton, .1„ - .6q.t to Mrs. 0 . 1 1 - lotte C. Dienie r, widol,v of the late liev.,Dr. Dierner, of 4 cutta, in the Province of Bengal, in the Eastr;uclieS:. '" Iletise in 1,7:110./4 On Tuesday the loth stree••,, Miss . lixa 4:karper i :su . c.c;4.l .clinkgnp: late, Celenel . Gabriel Harp r. o 4P5 F SIQ CA DAY. Inds StOCIV: E‘Llicq. Bills ,"t,tridabl- 1, Nev., 'ditto '• Nntiv S. S. Stock 3 per cent. 1751, on - .nn.;m I Iw2er. r.er'Cenfl 66k Ditto .A, i3an'; f Accolmt lads '•)r Account Cons,k. for Acc. OS;;" PRICE O. SnTUft. flank Stock •-• • Navy s per Ceflt. 1.17.1 ;per Cent. 17§7, 0, • Irish 5 per Cent. 4 per Cent. Con. 83 , N,1 3 per Cent,. Kett. 67 .6E 3 per Cent. Con. G 8 7i 8 Ditto Scrip- Ban's. Ann. 19 It- 161 - Ditto Short Ann. Ditto Scrip • PROPERTY IN ROSS-SHIRE. TO I3E SOLD, THE LANDS of TARLQOTE 'and MO M 144 o p. G situated in the immtaliate Neighbour.hoo4° l „ Royal Burgh of T ain, and also, spine remaining L o holding burgage of that Towtf ; together with the LANP' DIBIDA L E, situated in the Parish of Kincardine. e, The Lands of Tarlogie, which consist of abotii zzo M. c o t are in the highest state of cultivation, having teen, kept i ' 3 s . twenty years chiefly in Pasture, and the whole of tne completely inclosed and subdivided with handsome Sr Walls and Hedges. Adjoining to the Lands there is a ilif ;4; ing Forest', of upwards of 4c.0 Acres of planted Scots fir' greatest part of which is fully forty years old, and `" 4 - 0 (1 above.sixty ; and there is interspersed with the WO O 4, in belts, a great variety of well-grown Forest Trees. Forest is surrounded with a Free-stone Wall, and coil"; good Winter Pasturage for many Cattle. There- is a ‘ L to derable extent of Muir and excellent Mosses. There is a' of on the Property a commodious Mansion-house; 0411 ` . 0 , though old, is in perfect repair; an excellent Square O f 0 0 , dern-built Office-houses, Fruit and Kitchen Gardens, qihe pletely fenced, a Pigeon-house, &c. The situation of ti;g pla4 1,4 beautiful and convenient, lying immediately on ',ll Shore of the Dornoch Frith, and within a Mile of the Bu°'of of Tain. Immediate possession may be had of, the whole Tarlogie. - - The Lands'of Morangie march with those of Tarlogie, 4,0 tervening betwixt them and Tain, and consist of abo ut Acres of Arable and Muir Pasture. This l'arm is uninelomir but of a most admirable quality of Land, and may be . o f peeled to rise very omen in 'value at the expiry of the P r,. s a ty , Leases. The situation is peculiarly adapted for the est 4 4 l lishment of ManufaCtures ' being bounded by the SO 3, t " c f, supplied with a constant and inexhaustible Supply of Wa yi d The remaining Burgage Lands march with Morangief consist of about 48 Acres, all well cultivated and inclOst'o!,l The Lands of Dibiciale arc now out of lease, eight y , ;•":,% r e which are to run. It was lett at its present Rent tr-.: Sheep Farming was introduced into Ross-shire, but known to be so particularly well adapted for that puiP o ' r e, that it is believed no Farm of its e.xtent would I,:tt tor 1 11 money than it will do when the LcaEe, e xpires. . 5 t o The whole Property, here imperfectly describ ed . be disposed of by Private Bargain, for Oifers received by lames Rose,' Deputy Clerk of Sessin i, and the 2oth of November current ; when, i nci Poe ously sold, they will be exposed to Public Roup, w ftnhfwill Royal Exchange Colfee-house, at Edinburgh , Oil jr:c ill zoth of November, at Two o'Clock Afternoon , whole or in Lots; as may be agreed on. S 9 Mr. George Donaldson, at Dunsk.L.itho,':d sa ,.- Cromarty, will spew the Lands. An accurate r 1-4,Yr .anyte vey of the whole, with the Title-Deeus, Ruttf•l , the hands of Mr. Rose,' who will inform *as to odic: lars. , ;:' MB "~` DIED, • • ~- .. I kicharc Jouncic L i tile - 1110 T Th c 7,..!FIZeR , T.ll 1 rO, tv „ w - '~:rs.~ ~'lic`~'r 4AlacOn Thu ,hern, on Fri • And on:. Lacti c 3 Mulida Petd fully to er • an •