The Sun. — London, England, 1804-06-29 00:00:00

reeinrrithan he did.. He had been near him for urn of tie anion, and on many former OCC3_ .. glen: in critical circumstances, and always 33W the - hrie if behave with that courage and skill which was re be axoreted from a British Officer, and not l ike a shy cock. When he returned home from creizii o. station off the Black Rocks, there was raa chance of the enemy coming out, or of au en gageturet, more than there is now ; and he was sere he never a , ould have come home if he had ex eeCied t anemy to come out. He had known the Plaintiff i r above 24. years, and that was his gene ral char .6 - ter. As to the application of the libel, he e r a it was as c„-.*r as the sun at noon day that it alliered to the Perintiff, and to nobody else, as there was re Captain now alive, who on the Ist of June had beet so succeeded by his Lieutenant, who was • inert dia ta promated. Si Charier Pole was then called : he merely de posed, that from certain expressions that dropped tr to Admiral Berkeley in the House of Commons, to which the libel referred, he considered the attack to h- directed against that Gentleman. Lerd Duncan deposed, that he had many oppor tunities of witnessirg the conduct of Admiral Berke. ley, and thought. him a brave and good Officer. The evidence for the Plaintiff being thus closed, Mr. DALLAS, Counsel for the Defendants, rose, a nt i m ad, a n a ble speech in favour of his clients. He agreed with his Learned Friend (ERsietara) that the love of fame was in - general the love of virtue. This reputation ought to be dear to every man, but more particularly to a Naval Officer, and that it was undoubtadly proper in Admiral Berkeley to come forward to defend himself in case he thought his fame attacked. He then adverted to the cir. cemstances of the Defendants ; -t , ao of them, Pear. SOtLtS ant White, the one the printer and the other .the publisher of the Royal Standard, were young men with families, upon whom even the costs of such an aa ion as this would bring down absolute ruin. No'man was less likely than himself to say, that because a person was not able to pay damages, that therefore he was to be allowed to slander the charafters of others with impunity ; but he thought that their situation ought to weigh something, as it had been admitted on the other side, that the paper in question had not been published with any malicious motives. The sole proprietor of the Royal Standard was Mr. Congreve, the other De fendant : Ile was anxious that whatever blame could be attacked to thi. Publication should fall upon him alone. He could not say that . his Client was dee scended from a long line of illustrious ancestors, as had been said of Admiral Berkeley, but he could say that he was honourably descended, the son of a General Officer, who had, on many occasions, done considerable service for his Country. His Client had, from the most patriotic motives, set up this Paper (The Royal Standard) in opposition to another weekly paper, Cobhett's Register, which, he thought, contained matter injurious to the Constitution and good Government of this Country. The publics. tion, which is here called libellous, had been ad mitted through inadvertency, or perhaps indiscre tion. The owner was a young man of good educa tion, and had, to his regret, engaged in an under. taking which, of-all others, required the greatest caution and prudence. some allowances were, there fore, to be made for a young man under such circum. ► stances.—Mr. DALLAS then adverted to the libel itself, and proceeded to comment upon it. Here he endeavoured to spew that there was no part of it which so evidently applied to Admiral Berkeley, as to enable the Jury, on their oaths, to say that the attack was designed against that Gentleman. Who ever was the person alluded to, he was described as a shy cock, as a person who had only been once in an engagement, and had run away. Did this apply to Admiral Berkeley ?—No. The Plaintiff's own witnesses proved that Admiral Berkeley, had been in many perilous engagements, and had always behaved honourably. He then proceeded to state the Law of Libel, and mentioned the judgments which had been given in the case of Horne Tooke. By these judgments it appeared, that nothing could be a libel except the name was mentioned, or unless the application was obvious to every terson. Here the application was not obvious, and the libel might be direfted against some other person, different from the present Plain tiff. In case, however, the Jury should not agree with him here, the next consideration was, What injury the Plaintiff had sustained, and what amount of damages he ought to receive ? The libel, in fief, if such it could be called, was nothing but ribaldry and trash, and could injure no man's charac ter. There was not one in Court who did not laugh - at Tomfewitcher's attempts at wit : instead of con sidering it as a foul and slanderous publication that could excite indignation, it was a sort of abuse that scarcely deserved attention; and even if it were to descend to posterity .(of which, however, there was no great danger), as his friend had intimated, this could never be considered as a serious attack by any person, either in this or a future age. As for the degree of injury which the Plaintiff had,sustained, it in truth, upon his own evidence, amounted to nothing. Admiral Berkeley was well-known to men of the first rank and reputation in the Naval service. It appeared that they had not a worse opi. ision of him for this libel, as was proved by the con stellations on the Bench, in which.every star was one of the first magnitude (alluding to the stars on the breasts of Lord Duncan, Lord St. Vincent, Lord Hood, &t. &c. who sat on the Bench). If, however, Aerniral Berkeley had sustained any in jury, the very circumstances of the present trial was an ample compensation, and would do away any bad effeas that might have resulted from the libel. Upon the whole, he lest the consideration of the case to them. They would not put themselves in the place of either the one or the other of the par ties, but would aft impartially between them, and be had no doubt that every party would be satisfied with the justice of their verdia. 'LORD CHIEF BARON MACDONALD, previous to summing up the evidence, made some remarks on the nature of libels, and of the defence which had been set up. It had been said that the libel was publish.. ed by inadvertence and through hurry. Was the eharaaer of any man to be sacrificed to the Defen. dint's hurry ? The remark, if there had been any thing in it, would apply better to the Editors of the Daily Papers. But this Paper was only published weekly, and the Editor had foil time to examine the matter put into it. Jr was then said, that be was a man of education. Was this an excuse ? certainly not : it was rather an aggravation of the offence, for he might have known better than to publish libels. Why then, it was said, that Admiral 'Berkeley's charaler stood too high to be injured by a publica tion of this nature. By this rule honourable men could never be libelled, and rogues were the only persons that could he slandered. There was cer tainly nothing in all this that could serve as a de fence. The two points for their consideration then was, whether the libel applied to the present Plain. tiff; and what damages ought to be allowed ? With regard to the former of these points, he would read the evidence and the libel, and then point out the ap plications. His Lordship then summed tip the evi. dence. Having afterwards read the libel, he ad verted to the circumstances that necessarily led to its application to Admiral Berkeley. He was the only one now alive who was Captain of a vessel in the engagement of the first of June. He was the only person whose Lieutenant on that day was made Post Captain. He was the only Captain on the rst of June who received a wound of the nature described. He afterwards left the station off the Black Rocks, from ill health, and this too was adverted to in 'the libel. All who were acquainted with the circumstances of the case, were convinced that it alluded to Admiral Berkeley. Un. der all these circumstances it was for them to say, whether any doubt could edit in a rational mind, that Admiral Berkeley was the person alluded to in this libel. With regard to the quantum of damages, that also was for them to consider. They had heard the defence that had been set up; they had heard the excuse made for .. slandering an honourable dia rather, and they would give 'such damages as the nature of the case should appear to them to demand. The Jury then retired for about twenty' mintites, and returned finding a verdi& for the Plaintiff, Damages lobo!. EX I CHANOE WITH IRELAND. EXTRACT PROM MINUTES OF EVIDENCE Taken before the Committee appointed to inquire into the State of I reland, as to its Circulating Paper ; its Specie and Current Coin; and the Exchange s between that part of the United Kingdom end Great Britain The Right Hon. 10.1-1 N FOSTER, in the Chair. (Continued from our Paper of Welnesda.y.) JAMES CROFTON, Rsq. CHIEF CLERK. OF THE IRISH • TREASURY, EXAMINED. State the mode in which the money remitted from the Eichequer of England to Ireland, has been brought over there.—By remittances from Messrs. -Puget and Bainbridge, and by drafts of the Lords of the Treasury of Ireland upon them ; both pradices have prevailed since the commencement of loans being part of the Zit ish loans. Are there any general orders or regulations made by the Lords of the Treasury respeding the Mode of drawing ?—The universal objea of the Lords of the Treasury since the commencement, has been rather meant to regulate and steady the exchange, than to derive 'any great profits to the Exchequer : as to particular general orders, I cannot say I have them in my recolledion ; I do not recoiled that there are any general orders ; orders have been given accord ing to the circumstances of the times at which the Treasury have had the power of drawing. How did the Lords of the Treasury catty their object into execution ?—Their pradice was, to give, it to be understood generally chat they intended to draw, upon which application was made by such individuals as wished for bills ; their days of draw ing were Tuesdays, Thursdays, and Saturdays— Mondays, Wednesdays, and Fridays being the re gular exchange days of market of Dublin at the Royal Exchange, the prices of which in some mea sure influenced the price to be fixed by the Lords of the Treasury, for their bills on the days following respedively. HoW did they give that notice ?—A great number of People came to inquire, and they were told when they should draw, which was one notice ; another notice was at times given on the Royal Exchange ; the former mode principally obtained !ill latterly. In the notice did they ever mention the gross sum or rare of exchange ?--Never, for the purpose of preventing; as much as in their power, the ad vantage that would be taken of such knowledge by the speculators in exchange: Did the clerks in the Treasury ever know the amount or the time beforehand ?—Never. Stare how they settled the rate they would draw at.--T6re is a broker in the employ of the Lords of the Treasury (Mr. Robert Deey) whose business it is to attend the public exchange, and on the morning foll,wing, to repots the courses of that day ; this report is laid before the Lords of the Treasure, and they fix the price, being never higher, generally the lowest of the prices reported. On days when there were no Lords of the Treasury attending, how was the price fixed ?—There never has been a day on which the Treasury were draw ing, that some of rite Lords of the Treasury did not attend. Was their habit ever to order their drafts to be at a lower ;ate of-exchange than the loi•sest of the preceding day ?—There have been, instances, in which the Lords of tht Treasury have drawn lower than the lowest of the course, reported of the pre ceding day, which in all instances has arisen from the absolute necessity of providing Funds for the Public Service, which could at that time be pro vided in no other manner than holding out a temp tation to the merchants, bankers, and dealers, to come in for a large sum. Huw much lower in your recolledion ?—I belive never more than / per cent. and very seldom to that extent ; generally or from that to -I. How many Lords of the Treastary constitute a Board ?—lt is necessary for three Lords of the Treasury to sign any official document. Is it necessary, for three Lords of the Treasury to give the order respelling the exchange ?- e --As to the daily transadions it has not been thought necessary; the general arrangement of what was to be drawn, when it was to be drawn, and other general prin. ciples, being arranged by a full Board. Du you Mean by that, that' orders were given by a full Board teapeding the mode of ascertaining the exchange, and the rare to be drawn at ?—I did say as to the general principle ; as to the daily rate, it was mostly governed by the rates reported by the broker, and might not he given by a full board ; sometimes it was, and sometimes it was not. Are the orders entered on the proceedings of the Board when they are given ?—I Cannot say they are. How many Lords of the Treasury are there in Ireland ?—There are four now in Ireland. Name them.—Lord Shannon, Lord Franckfort, Mr. Fitzgerald, Sir Evan Nepeap. Have the Board any rule for regular periods of drawing, or for the amount that they will draw at , any period ?—None, as to the regular period of drawing, that depending upon their having money in England ; and even • when that comes to their knowledge, then depending upon the present finances of the Irish EZ:lequer ; in all cases, where the' Treasury have been at ease in their circumstances, the amount in their power to draw has been given in such proportions as it was! thought would be most . likely to regulate and steady the exchange, say 30 or 40,0001. a week. In cases of necessity 150,0001. or more, have been drawn in the week. Do they draw the sum each individual desires,or do they fix themselves the amount of each draft ? • At the commencement of this business in the Trea. sury, they did draw for any sum demanded, I be.: lieve till the commencement of the year 1802. It was found by this mode that the speculators in ex change had great advantage, by taking the power of drawing out of the Lords of the Treasury in a short period, and thereby having the markets under their controul ; to obviate - this evil, it was thought advisable to limit the amount of bills delivered to. 1000 1. for eac h person, and except i n cases where t h e Treasu r y were in immediate want of m•mey, 1 t h at rule has b een a d here d to. Wi t hi n a very late 'l period (a month) • bills for 5001. have been given, not less. ! _ - ° State the ntiriibei bi days at which tbe drafts VI were generally made payable ?—At 21 days sight, within the last twelVeffionths tip to the present pe. riod ; three days the year before. State the motives of the change from three day to 2 i.--I cannot say that I can eitaCtly state the, motives, but presume it was principally for th e purpose of accommodatiOn in England, and did not make a subject of complaint to the takers of bills-in Ireland. When there were more applications for bills thafi the sum to be drawn for amounted to, how was the preference arranged ?—While the Treasury were confined to a particular sum per day, those who I first applied were served, and the remainder accord.; ing to their turn, if they chose to stand the change of exchange-on the succeeding days. To whom was the application directed to be made ? , --To myself. How did you takedown the application, SO 29 ° give drafts in the order you have mentioned at all times, when there was a demand on the Tfe 3 ' sury greater than could he supplied within the dayo - the Kamet of the applicants in a book, in the order in which they apolied. Was that a regular course, whether the dema nds were greater or not ?—No. How then did you kn o w, until the aprilica t ,; °" , were made, whether the demands would exc eed not ?—lr was evident from the number of pers ans ,h larva waiting, they always coming nearly abOt hour. sn How then (lid you ascenain the pic' effti. l c d -e t o - such cases ?—Fr in the first prison who me, from ti r who,e alt settler, and so on t ° second, third, &c. There Did nor numb( rs t'lesxur time have been instances of 50 persons or more beivg the waiting room at one time, and as co prefere none has ever been shewn ; the particular orders ° the Lords of the Treasury always have been to ac' commodate the - public with those bills, your or preference, and every endeavou r h as been made to comply literally with that order. c) out of the 5o! If you could accommodate only " how are they sel e tted ?—By those who first pressed nearest to get in their names. ble to press near Were tho s e who were not a " enough, and . were tlisapP`"t-1 that day, receive without fa . any preference the next all cases where they desired it. (To dr cor:inued. ) SHIP NEWS, -CRAvEsENu,. 3UNE 27. ene . r, Passed by—the ErnnOlus, Bowman, and Carlos, NI from Stettin ; Success, Cabb, from Keil, V row Cr:, Osthen, Vrocv Margaretta, Sinak.el, and Vrow S ~, t ,o • from Embden ; Jonge, Haran, Black, front liarlingen; Eliza, Hardick, Endraght, Stouen, and Vrow E hate w kr Saterai, fr om th Itotterd:n r e nr. c Hughes, for E vans l e , St e e t i\i t i e ,l " ; S a Li e l it; Dublin,Nod tp, o , den. :Itaogrcy BIRTH. Yesterday, at her house in Low e r Brook-street, Grosv-hter. square, the Lady ol Lord William Beauclerek, of a AMIZRIED. , Est' Lately, at Kington,ln Heretbrdshire, ‘T r '' to Miss lames, of the sameUrq place. • Yesterday, Robert uhart, Esq. of N •` o :n rf f i ti, s r l : : Strand, to Miss Lincoln, daughter of Charles A•• ° of Leadenhall-srfeet. Yesterday, at the church of St. Pancras, the Dodsworth, of Dodington, in Kent, to Miss of the late Thomas Croft, Esq, cf America- D lED. So:0 On Wednesday, at Twickenham, Mrs. Charlo tte - C' of Thurlow, in the County of Suffolk, aged 74- ct, Getters' On Tuesday, in Gloucester- p ace, New-rte Edrneston, Colonel of the Ist Royal. Garrison Battaltlrtioin, At his lodgings, in Bath, Henry Diiuerry, Esq of i,ltori' - Last week, after an hour's illness, at his house at Folio, in the County of Wilts, the Re-v—lohn CraY e r n r bei,. On the 19th inst. at Aberdeen, Lieutenant fam es of the 72. d Regiment of Foot. PRICI . .. 01 , Al 0(.. YEST.ERDA Y. L n.. 16 Bank Stocki 154 i 5 - „ Bank I eng Ann. IV , ' 4 • 7 Navy 5 per t en,. shut Ditto Snort Aim. 5 pert ent. 1797, 96 .1; ,i 4.1 India Stock Irish 5 per Cent. Omni= 4 i 4} Pr 4 Per Cent. 7243 2 ii I mperial 3 per Certt• 3 per Cent. Red. 56 5i 6- Ditto Anp. g 1 • 1 : i7 1 3 Pe , Cr' ('on shut ' Cons. lot , July, 57' t xchquer Bills is. 2S. dis. I _.......-".-'-' -- IDA I::y..lior47:u:lS:iniirljtv: To THo N m o i . v , s , 'l N 'A e‘ Y v L l3 O ri ß d;e l: - . s s t g r . eet, Lo. ntr o l l l ; ri . ' it ft Dutv incumi t cbrei ii i, :L e :l : ser f from t i n sea )ot,ohuervie a r l ): a g i u re a a b t i e a and ex x)ei Medicine, n r i . n a beru,dpji,nottirAyli:CeirselLkiciff ~,rr: R D E R , which i s Y: e efl a r .l 4 enth l DI SO .onte " 1 - throughth ei their assistance various Courses afforded o t _ o s n a l .1' slightly for . __ _,S psy , iity DouY , Dor obliged to apply to the most eminent of the 'FactlltY9 , a yt of a corpulent habit, was redulscie temporary relict . rainier olavnidet mere hr: from a osi n V eret. oin F vif ; 4 ; l i oc i e ' Salivation, plete Objed, so that ray Friends despaired of, my Ulcers that spread all over my Limbs rendereti m e 3 cot;' . __ , table, but a relation of recOse?,,,, When brought to this' ituation, I considered death as me I_, Cases in which your Pills had succeeded, 1 w,a r ;r m e, and try a Box e them,. which I thought rather rehe • ' by perselv i .r ng tor two or three months , " - I coutitah e relaxation; - direction , s, I experienced the most unac lam , now thank, from pain, the sores gradually kubsiding ; not, but one more box, whichl think ca God, perfectly recovered, and walking oat daily: I dou4l, ?nine commenting upoisL lluecrries% • establish my health in its original state, . ;to. . It is with the most litart-iett gratitude, that I subsCr i • Myself, Sir, your much obliged bumble Servant„,j, I S. For the public . benefit, Deansgate, Manchester, full , /, i s ° , , W. P EARS ( , being published, but leave you to ad as your own be. judgment shall dielate. Prepared and Sold by t l b 4t:tiousf°l2 take,ing"';ul London, at his House, No. Tabs. TA YLOR, Member of thc Royal College of Sorrel f edsooli:trorbojperdiettoo; he a . be tise - i i 9 , New Bridge-street ;,, 0 Where, atter a constant residence of more than Thirst' o f • 1 Years, in a prihaice particularly direeted to the Cur , ' o t Venereal Complaints, and those incidental to the Part s or Generation in both Bexes,. with that inviolable se l i e which Men of his Profession should always observer), " s „, flatters himself, the advice and assistance lie grato i , t ",, u be ly administers to Perso ns takin g this Medicine, wl,,„ 1 0 , 4 esteemed by a discerning Public , as an adCintage se L "" . to be obtained, and void of ambiguity,. Also sold, by his Appointthent, ct ki those living at a i . listanee, at the Perfumer's, No. 35 , ' — ' l ,rd' ban'S•-street,. Pall Mall; the Toyshop, No. 103,., ( ? 5i( 11,41 . • street ; Ma. Disborough's, No. 7, rash-street-lull; • i i, • Steel's, Bookseller, No. 1, Union-row, Little 'rower-1117,5; Mr. Baxter's South.-!,ridge, Edinburgh; Mr. Call w 4 a o. Dublin ; Mr. 13illitio's, Liverpool ; Mr. i,,akinson's, ' 13 ir, . foe the convenience 0,1 chaster ; and hy'orie Person in every considerable Tc'sevcti, Great 13ritain arid Ireland, in boxes of only ss. 9'.1 0 as sealeil•up with full and plain directions,, whereby pas ° either sex may cure theinseiveLs with ease, speed, secrecy, 1 safety. pith N. B. Every Box sold in Great Britain is sealed. LIP ri „t. a stamp, on which, by favour of the Commissoners, iS,r-dge, e s ' t i re. c a t t ; ' t ' h t e o imitate Starill)- u w il l i i c ic e l; i: ITel ' o l n a y Y , l' a G i r i ' d Naiol'oterf,;;le.bcr°i: uri' terteits. • . . —....,---' 4DINBURGIT, Jura z 5. THIS day the University of Edinburgh clnferred the degree of Dodor in Medicine on the knowing Gentlemen, after the usual public and private trials : AF SCOTLAND, James Stephen, Dc Suspith Cara7 , :co. john Nirnmo, @lb:n(lam fcetui propriis. John Mackie, loiin Taylor, Dysenteria. Henry Dewar, ./Egypti. Peter Reid, 5 Luce goon: Respiratio ex Cbt-inia accepit. OF ZNGLAND. James -iales Shirrefr, Diabete Life alto. Charles Henry Parry, Syntcho ll't crint. George john Ogilvy, "this; Pulmowall. Thomas letli - eys, Sirfanche Tracbeali. Robert Calvert, Immoribus Scr#ulosit. fames Christian Lynch, Diabete ilirthto. William Silver, /Intinzwzio. Richard Heald, lifpho. William Okcs, ? 5 —Catarrh° Epidemic, Edit. . erfti aftni 18,33. Of littitAlD William Armstrong, Ophthalmia. Thomas Arthure, Pneumonia. Hugh M'Cormick,. vpbrhahni.e. Robert Nettles Croker, Ftwelifa. Dionysius Confideit; Tetatfo. Thomas Doyle, ' Ate...vide Luothfitoide. Hu h Nl'Donald, - I . ..vpbcf. john Hinds, Stof.utche Ml i oa. S. HeJiphill, Pnrumrdria. William Durdin, —f RatiratioNe. Maurico Rilleigh, Epi/epsia. Francis Beamish, •Eritersia, 0! VIRGINIA. George Daniel Span,. Scmno. lames Dabney, Sy fruttebe OF AMER./CA. Geo. Padden Bond Risen, Peritmilide Pze:pfrarunt. Mr. John Wetherill, a Farmer, near Whitby, lately lost two very fine cows in a very extraordi nary manner.—They were attacked by a disorder that baffled all the skill of the Country Dalors, whose efforts were totally fruitless towards their re covery, they dying apparently in the most violent agonies. On opening their bodies, a - considerable quantity of headless and crooked pins, with a num ber of small fish-hooks, were found in the passage and in the coats of the stomach, which undoubted. ly occasioned their death. Strong suspicions are attached to several persons of dubious charaaers, who had expressed muck resentment at being de nied the use of the pasture in which the cows graz ed,- for drying clothes, and other purposes. A few nights since one of the Images which have for many years been an ornament to cite Mansion of "Coor Ea /kraus, Esq. .of Monkwearmouth, was thrown from off his garden wall and broken to pieces : for the apprehension of the offenders he immediately offered a reward of forty guineas ; this induced a private of a Militia Regiment to come forward and accuse two of his Officers as the persons who committed the outrage, the result of which was, the soldier was examined by the Commanding Officer in the presence of the Gentlemen accused, when he persisted that he saw Capt. H. and Capt. 0. on the wall, and that they threw the Image down. In consequence of Iris deposition, we under stand that Mr. 'knits either has, or intends coin. mencing an anion against the parties. On the t tth inst. a young woman threw herself into the Pottery Dam at Clyhills, near Aberdeen, seemingly with an intention to drown herself, but being perceived by some people in the neighbour. hood, she was taken out and carried into one of the stove-houses at the Pottery, where, by proper care, she recovered. Symptoms, however, of her being in labour having been discovered, the people left her for a little to procure proper assistance.— Ditrirg their absence she was delivered of a child, which, before they had returned, she destroyed, by thr-wing it upon the stove, where it was so much burnt, that it died in a few hauts. The poor girl seemed deranged. Wednesday morning about five o'clock, a middle aged man, just recovering from a fever, leaped out of a two pair of stairs front window, in Warwick_ lane. One _arm and one leg were broken. His face was terribly cut, and lie was much bruised.— He was innneJtately conveyed to St. Bartholomew's Hospital, with very little hopes of recovery. LONDON : Printed by BUCHANAN M 4 MILLAN, (of Bow-Street, L'''ent -Garden); and V" . -lANS ARMICIR SCRIPPS, (of South rtllolloll-stleet, cro3venor-squ.ire); At the v•:I....QFP cI, NQ, 1,1 z, Ste - add; where AdVellatinents, Ordcr,i for the 4 "ters fur the Editor,'&c, inw.t" he akidtcastd,