The Sun. — London, England, 1801-09-19 00:00:00

t rac- wince, read, vine. " SIR, '4( SIR, i` I am Sir, " Your most obedient humble Servant, PUBLIC-OFFICE, BOW-STREET. Idler and COrENT.G.4RDEN THEATRE, September 1 8, 1801. THE following Letters were received this day, by the Proprietor of the above Theatre : " FROM great fatigue and exertion, Mr. COOKS has rup tured a Blood-Vessel in his Chest, which renders it unsafe for him to travel. He is at present under my care, and I hope, in a short time, to be enabled to permit hirti to proceed to Town. " I am, SIR, " Your obedient Servant, " E. KENTISH, X. D." Newcastle, Sept. is, 'Sot: " Newc4;tle, Sept. Is, 1864. "I trouble you with this at the request of Mr. GEORGE CooxE, who is at present so much indisposed as to render Lim incapable of writing to you. He had been very poorly for several days past, hut yesterday evening was attacked with such excruciating pains in the breast that the Dodor took a large quantity of blood from him, and he hopes in a few days he may be able to travel, if he has no relapse. lle re ceived a Letter from Mr. LEw is, dated sth inst. but it being direetod to Manchester, did not reach here until 'too late. The distress of his mind, on your acnatni, is beyond a n y thing I can say—The Faculty, as well as his Friends, will ll ° every thing in their power for his speedy recovery, in or der that he may soon be with you. "GEO. DUNK." Thomas Harris, ksg. jam Webb Elkingt*l, in custody on suspicion of divers forgeries, was yesterday brought up for re-' . 'examination, when it appeared that he had passed two Bills of Exchange to Mr. Malloy, a boot and shoe•maker in St. Giles's, for the payment of a quantity of shoes he had purchased of him, the ac- Ceptances on which were proved to be forgeries ; the first he negotiated was a bill addressed to Sir lames Esdaile and Co. bankers, London, dated from zirtningham, for the sum of 231. receiving 131. 125. and shoes amounting to the remainder. The next bill he presented to Mr. Malloy was for 131. on Messrs. Peel, Yates, and Co. Milk -street, and out of which he was to rake the same amount, as be 'arrei in shoes, bur some doubt arising in the mind 131 Mr. M, he desired him to leave it, when he dis_ c overed the•acceptance to be a forgery', and on the 4- risoner's coming for the difference and the shoes, he secured him. t . A Mr. Frith, a slop-seller in the Minories, ifi~d the prisoner, who he stated came to his douse a shtirt time since in the name of Williams, to purchase a quantity of shop g oods, which he pre. : ' t ended were for the Mate of al,ip going to Africa, and fot the amount of which (about col.) he offered the bill of. exchange produced for the sum of 161. *awn on Messrs. Esdaile and Co. and purporting to be accepted by them ; but Mr. Frith having some doubt as to its validity, reared to part with th e goods till he had ascertained that fait, and tlatained the bill for the purpose. The Prisoner P r omised to call for it the next day, but never returned. ir The pUblishing the . billa each case being sub. a ntiated, and the presumption being that he knew th e acceptances to be forged, the parties were _ ° and over to prosecute accordingly ; and the Pri rner was remanded back to the same prison, as !t om some letters received by Mr. Box° from haver and Coventry, there is reason to susped e has been. guilty of similar offences in that quarter. were men, commonly called running dustmen, put to the bar on a charge of taking a quan tY of dust and ashes from a house in the parish of Is t• George, Bloomsbury, they not being employed Mr. Smith, the Contrador, so to do. The de ence set up was, that they had purchased the articles 44 question of the householder. This, indeed, ap tarred t o b e t h e &CI ; but the At of Parliament s Peaing that parish particularly specifying, that I ° , householder o r other s h ou ld s ell their dus t or ` as hes, tho ug h t h ey m i g h t g i ve i t away , t h e Defend_"" were convided in the penalty of ten shillings each. f c) . p: AT R E.—The Comedy called The School V c,, teratil4d t which, as far as we recollea, is an of one first brought forward under the te a i n it l e e d o a f t Liberal Opinions, was last night repre- Covent. Ga r den Th eatre . It was written, _ believe, by one of the Sons of Mr. DIDDIN, so Well know n for his musical talents and lyric •-ntn i?)sitions. The Piece is supported by the best Per. formers of the Theatre, and is in itself diverting, Clough wild and extravagant. LEW is, of course, It an essential prop to this Piece ; and it is also well sustained by FAwc ETT, rVitIVDrN, MURRAY, Miss t HAFMAN, Mrs. DAV'ENpOET, and Miss MUR kI'Y : with such Performers, a Piece of inferior " .I )4 tit might be rendered attractive, and hence it as very well attended last night. Cc z , l\llrs • StoDoNs, it is said, is in treaty with E lent- qarden. If' so, she is probably influenced -3' Ma t talents e rnal anxiety to prop, by her efforts; the "' s °f Ler son. T he fashio n i n po i nt o f dress, among t h e f em ales t he Present day, is certainly calculated to make ze sure triumph over Art, as they seem to say with ho w 4 ?) " Off, ye vain !endings." Miss DE CAMP, Th i , eve r, carried this fashion to an extreme, on th a : r t sddY last, as one o f t h e B acc h an t s in co m us, t ee h as not y et b een seen i n t h e hi g h e r c i r cle s , an d of o e d indeed more suitable to the simple manners heite. e l / 4 g i r ' s • BILLINGTON , it is said, has declined sing xer,4. Private parties, and confines all her vocal he ' ll : l `ns to her own'domestic praaice. Her re _ra day r jn g strains, however, drew an audience every do b °l and her abode at Bath ; and they are now, t i a 4 1 melting the rocks of Bognor. Tl, ri ng e Lord D e l ava l, arr i ve d at F a l mout h f rom Su rto 4 " , part e d t h e Di ana F r i gate , w i t h h er convoy , 41 t he Leew ar d I s l an d s) o n t h e 6 t h i nst . i n l at . 's' 59. long, HAAlttil= MAIL. PETERSBURGH, AUG. 3t. WE expel{ here great changes in our Ministry, in which case M. IVIARcow will net go to Paris. It seems to be certain that 'the Grand Dutchess ANN, a Princess of Saxe-Cobourg, is to reside for some, time with her parents, under the name of Countess ROMANOW. The reason may be easily con j u red. The Prince and Princess of BADEN set off from hence ron the z7th inst. This was not expeCied, though it was thought they would go to the Coro nation at Moscow. In our last Court Gazette, among those persons who are to leave this place, are mentioned Citizen DUROC, Adjutant to the Chief Consul, with his servant MURAT, and others. K O'CIOCk some re = to see sv hid ,rmed tile 3f Rr,ainiii M.l !ES . SS AMMO'' 0 Mond' iter Yeo' exercise/ Ind well is pleased nel, •evs, the Lfter tht elegan t y of the I It „MA' over thg Tlea• Sbo/' trid Mrs' Ir. PtN' ',dor, 30 ' part of there j 9 CO il 11 of 'KURIA; fy knee tesident 'rat'v• - ' ative to der the isinuate .an dot' his prt L.. Address ma, et,L rival 4::4 olest is es, the to • his ;tutbers ants of not to ,ch Re-• of tho 6SSWMT rson of acha of rom ail issaries (Atria, tt a re - ", land a to join s rein Ts and ,hop of bishop lop Of of Sx- LENIEt MINS, AR Alt is rg, -enero s dis; n an" ice of e nter goo' o call ' Eco under rough Public and of ui, as lo are H. B. con- 0 zany nt at 'nsbi:p lades. ofiltc" • she ina by n to 'isili 4 d by per- cart Ce- s, if COPENHAGENISirr. S. ACCORDING to the report of the Commission for the benefit of the wounded, and the families of those who were killed in the battle of the 2d of April, the whole amount of the money received up to the 18th of August, is 201,279 dollars : besides this, the War-Office has assured to each warrior who was in the battle, and to whom, according to the. War Articles, a pension might not be due, one of .84 dollars a year. Between the 28th of August and the 4th inst. 260 ships have passed the Sound. Monday last were launched two Ships of I'Par, viz. a new Frigate of 2 2 guns, called the Little Belt, and a Brig of 2 guns, called the Breefdrager. GENOA, Auc. 20. THE Squadron of Admiral WARR E N which sailed in the end of July past Leghorn, is now cruizing off Toulon, and does much damage to the French and to our Navigation. Two of our 'vessels have been taken near Sardinia. At Malta and Minorca a great number of sick and wounded English are arrived from Egypt.. The Holy Father being asked for his advice about the re-establishment of the Ecclesiastical States in Germany, his answer was, that circumstances must be submitted to. The KING of ETRURIA has begun his Govern ment by borrowing 100,000 scudi. Fine proweas for that Country. , CONCORDATUM OF THE POPE, The :'net's Letter, which has been so long an nounced, was delivered on Wednesday by Mr. ERSKINE, to all the French Bishops who have taken refuge in London. It is said in the Courier des Londres of last night, to be conceived in the following terms : cc Venerable Fathers, " You have merited so much of the Catholic Religion, and havc: done so many noble aftions, both collelively ::nd individually, that we do not hesitate to propose to you one still more noble. You must glve up your Sees, with a good grace, and resign them freely into our hands.. It is un doubtedly a very great sacrifice. Things are come to that pOint, that we are under the necessity of demanding this sacrifice; and you are under the necessity of making it. We know that you must feel great regret in abandoning those Flocks over whom, present or absent, .you have watched with so much care. The knowledge we have of your good conduct, does not permit us to doubt that you will immediately send us your Letters of Abdication.' We cannot believe that any one of you wi:: throw any impediments in the way of this measure, since three hundred Catholic Bishops at Carthage have heretofore set you the exampl,. In latter times, several of you have written in this disposition to our predecessor Pius VI. Since \ye are now placed in a situation to render your abdi. cation necessary, we cannot doubt but that you will comply with our desire. The pressure of the times, the violence of which we ourselves. feel, compels us to acquaint you, that it is necessary that you should give us an Answer in ten days. The same causes -also compel us to acquaint you, that your Answer must be absolute, and ndt evasive. So that if you do not give us an Answer in ten days, we shall consider it as a refusal to comply with our demands. At the same time, we com municate this circumstance to you with regret ; we are reduced to such extremities in the middle of the obstacles which are opposed to the good of Re ligion, and we must take every means in our power to remove them. " It cannot be 4 necessary to acquaint you,' that we have taken' every means in our power to spare so unpleasant a, measure ; we confess, with concern, that our efforts have been ineffectual, our solicita tions without success, and that we have been com pelled to it by the cruel necessity of the times." A CAUTION.---A Gentleman was watering his horse in the pond close to the bridge in Hyde-park, on Wednesday last—his horse was wily with his fore feet in the water—upon advancing one step farther, his horse sunk very deep into the mud, and the rider being unable topull him up, fell into the water, whence he very narrowly escaped losing his life and his horse. THAMES Pot, E -Or FI C E.—Yesterday a trades. man underwent an examination, on suspicion of re ceiving stolen property from all descriptions of per sons from both sides of the river, whether from the private yard.; of the Merchants, or from those be longing to Government. It appeared on examina. tion, that he had been in the habit of making such purchases as made him liable to the Penal Statutes ; among some of the seized property, was some be longing to His Majesty's stores : hut there not be_ ing an absolute proof of a felony, he was adjudged to pay the fine of 51. upon the supposed peculation of private property, 'and likewise 101. upon public property ; upon which adjudications he paid the fines, and was discharged. OLD BAILEY. THIRD D - AY-FILI`DAI" SEPT. S. rhjit tas Toubnin was .inaieted for stealing i 6 sheaves of Mazagan out of Bushy Park, the property of His Royal Highness WILLIAM HENRY DUKE of CLARENCE. I Mr. RA IN opened the case for the Prosecution. John Langley, one of the servants in husbandry, of His Royal Highness the DUKE of CLABENCE, said, " That in a field now cultivated, which was part of Bushy Park, of which His Royal Highness is the Ranger, there were beans grown, Which had been severed from the ground, and tied up in ;:heaves, four shee,ves in a shock: That he left them at six o'clock in the afternoO;ii and all was right; and returning in the morning of the next day, he missed four shocks :—he had not seen any such beans as these were in any part of the country thereabouts, nor did he see such a string used for tying them as that which was used for tying these beans :—he did not know of any such string being used as this in any other place, it was a particular pitch string, it might be used in other places, but not thereabouts. He did not open the sheaves at six o'clock in the evening, but saw that they Were right from a general inspeftion of them."' Robert Baden, Bailiff to His Royal Highness, said, " That in consequence of suspicion he went " to a Magistrate, and got a Warrant, to search the premises of the Prisoner. He lived about half a mile from the place where these beans were missed. The Witness saw a bundle of beans, with a great coat .thrown over them, as if to be concealed. He examined the beans immediately, there were twelve -sheaves tied, and there were some loose. The Prisoner being asked " whose the great coat was ?" said "it was his." The Witness said, that as.: to• these beans he had seen . this sort of beans before, but never the same sort of herbage. This was very different from the common herbage, because the land on. which they grew had not been broken-up for 300 years.. The Prisoner had, no beans whatever growing in his garden, the Witness examined that carefully." . James Bennet sa id, ." lie pulled the beans in question, and tied them with a pitch string in a particular way—some others might tie their beam with a pitch string, but he knew his own knot." Thomas Ward•produced the sheaves. Robert:-Boden said, " That these beans were within the premises of the Prisoner, inclosed and adjoining to his house." _ The Prisoner said- he knew nothing:of who brought the beans there, nor any thing at- all about' thern.--Qui/ty. • Thomas Pearce was inclined for, being at , large Without lawful cause, after having been transported for life, against the Statute, &c. Mr. KNow las opened the case for. the Prosecu tion. He said that the Prisoner . . at the Bar stood charged with being at large in this ;C:ountry, after having received sentence of transportation for his natural life. The fads, he said, must naturally be within a very small compass. in such a case as this. He should state them 'in a way that would make it extremely easy to decide the point which was in issue betweet'-the Public on the one side, and the Prisoner on the other, which was a question, whether he was at large without alawful cause ?" In 1792, the Prisoner was tried ',on a charge of burglary in the house of a Gentlemin.af the name of Baker, and cony ined, and he•receivedientence of death. After this Ibis Majesty's Meiei - was extend ed to him, and he receivta 'a patdon . on.condition of being transported for life. Accordingly•he received sentence of transportatiooSor life he Alas confined on board the Hulk until 1796,'"w4en . - .)le. was con_ veyed to Botany Bay, , He ,wenf-'6tit with a full knowledge that he was to be tranifOrtecLfirr life, it became him, therefore; to. submit which he received the "Royal Mer - 41.;atela)t year he 'returned into thiS Country ; it *as riur4- in the present month at a public-housekBtioliii - .i . - strect, not under any confinement, bat'at l rage, fie was apprehended by a City Constable, Who bOtighi him before the Lord Mayor, by whoin'he was CdinW 'Witted for trial. Thus it would appear Ahar: the Prisoner was guilty of the crime imputed to his If he ' had any defence to make, that .Was : Jo. come from himself, and not from his' Prose , cutors ; but he would state what he understOod to he intended to be urged by the Prisoner, t which, whatever might be its merit in point of faa, was no justification or excuse in point of Law, as he should submit to the Jury, under the diredion of the Learned Judge. The defence he alluded to was this, " That while the Prisoner was at Botany Bay, he found there was an Entry in the Book there, containing the Sentencei of the Con vias, by which it was stated that he Av . :is trans ported only for, seven years, and that seeing this Entry, he thought himself warranted in coming home when that time expired!' Unfortunately for the Public there were but few of those whom this country had found it necessary to turn out of its boSom whose charaners were good—but he under stood that the Prisoner was one of that few. How. ever, if there, was such an Entry in the Book at Botany Bay, as that by it he appeared to have been transported only for seven years, it was his duty to have inquired, at least, how it happened to have been so entered, instead of taking, as he did, the risk entirely on himself; and it would be dreadful if the due execution of the Law was to be defeated by any trick whatever, however it might be brought about, and which he, on the part of the prosecution, did not undertake to explain. If the Prisoner had any thing to offer for himself, it was his concern to produce it in evidence—not that of the Prosecutor. He had, however, made inquiry at the Secretary. of State's Office, to learn whether there was there, in proper Books, any warranty for any such Entry as that by which the Prisoner, said he was ordered to be transported. only for seven years ; he found there appeared there 60 authority whatever for any such Entry. fie would further shew (though as Counsel for the Prosecution he was not bound to do so), by a Gentleman yvho was Clerk at the Secre. racy of State's Office, that there is no Such Entry in the Books there, as that of transportation of this person for seven years ; and this would shew that, however the alistglie might have arisen, there was . . no foundation for saying ttiat the Entry which tilt_ Prisoner telied on had any reguhr authcirity.— Th:! -Jury would hear the fans from the Witnesse,, an t‘1 4 .6 Law from the BenCh, and then they syoul= pronounee such a vcrdin as the j;i?.,tice of the' ,i 4-... . • demanoea." It then appeared in evidence, that the Pd.: soner was tried for the burglary, and conviaed ; ti c certificate of his conviction was read ; and that he received His Majesty's Pardon on condition Of being transported for life ; was sent abroad as state?, in the opening ; and that he was found on the 6th of the present month at the Bacchus arid Ton, in St. John's-street." It appeared by the evidence of a Gentlermn from the Secretary of State's Office, that there cv‘i no authority in the Books by which it appeared that His Majesty's iVfercY, had been further ex tended to this person, than that of a Pardon on con: dition of his being transported for life. It appeared that, on the trial of the Prisoner fot the burglary, the Wirnesses were examined apart; and that therefore none of them heard the whole of the trial. Mr. KNAPP therefore submitted to the Learned Judge, that the evidence in this case did not sup port the averments in the indiament ; 'and it was clear that every necessary averment in an India ment must be proved as laid. This Indiament stated, and the essence of the charge was so, that the Prisoner now at the Bar was once convieted, and received Pardon on condition of being trans. ported for life. The remaining part of the charge was, that he was at large in this country without lawful cause. Now he apprehended that the Pro. secutor must prove the averment, that the Prisoner was conviaed. None of the Witnesses were . Pre. sent at the conViaion, they. being out of Court.--% The Record indeed stated, sucha name as a Convia, but as the Witnesses could not prove him to be the person so convided ? -as they were not in Court when the verdit was pronounced, he therefore sub:. mined that rheevidence was, under this head, de. The et averment was, that h e rec ei ve d the King's Pardon on condition of being transport. ed - ftir- life. :,_llere was norone - Witness who-was present when slat Pardon was accepted by hirne--t This might have been pro ve d intwo ways, by -- the evidence 'of : Sortie body who heard it in Court, .or by:the Letter.of Authority from the Secretary'of State.•. kle.Submitted that the case for the Proseca:, lion WasAlefeaive in this particular also. • -Mr. Baron HOTHAM said, ' 2 c The Learned was certainly justifiable' in making eves 6b` lettion Which he thought could avail a man Who stood at the, Bar for his 'life, but, as 'far as'lly judgment goes (said the l Learned Jude); it possible to give way to • - theSe objeCtiOns ; the moment -there is reasonable proof glye:e that he is the man who was aCtualiy tried, and it stand: ing on record, - that such a man was convicted,- it is put upon him to , slie%v the 'contrary, by skewing that he is not '-the man. The conviaion being legally proved, .supplies every thing of proof that necessarily preceded ' that conviaiOn.' ThiS was made evidence to avoid the expence and trouble of . proving many preliminary steps by .vica voce deuce. That being made evidence of the fans which preceded the "convietion is compleat proof. The man at the Bar is proved to be the man upon his trial, and his conviaion upon that trial is compleat evidence of all the necessary inter. mediate steps. A Witness was in Court upon hi s trial, and his conviaion is produced, and it is rea. sonable to suppose that he is the same man. lam therefore clearly of opinion that both the objections should be over-ruled," ~.> s The Prisoner said a few words in his defence, re ferring chiefly to Governor Hunter for the reason of his coming home, and also for his character. Governor HUNTER being sworn, said, ". I was Governor of Botany Bay, or New South Wales.. 4'l cineinbet the Prisoner at the Bar being sent over .;iki:O g rampOtt. I cannot say how long he was WWI 4e was at Botany Bay, he liyed'a scitisf44oft .. ..t Me in the house with me, as my ser vanf,,.'stial : .rAitiaed himself,perfeEtly to my sa .-iiiraelion;',l-', :401i,:cd. tome some time before the "period of nib 'qittp.ogc 6 . for permission to come home 4 in consequence , ilatit•ttne. being expired, as he said. t.la.Coniequenceicifriliti,f; I':,cles!red him to b r i ng a . : oOriAoime from 11,1e'SeCre tar,Y,!,&:. Office, to satisfy me 1h the -time had eiTireil. ' 7Yelr.. Folks was on.: of...iti.Qlerks--I know his hand-writing. This , ~: it 0 , i .!. ,I b T l . li l h : '1 4 44: : . 1. t C i n O g p cof the original Entry whi(li had . b4e6 it 4 .4 here, and transmitted to Botany Bay unclertrie ,aiithority of the Secretary of State, spe cifying the terin.on which the different Convids therein mentionedi:yere transported, but this Cory could not be read without some further proof, as the ' 1 original was in existence:_] The Governor was thc:refore further exa.ninetl.— The Prisoner," said he, " brought this Paper to me; not choosing to give credit to any notes, I ordered the Book to be brought to me ; the Book was brought ; I examined it ; the Prisoner at the Bar appeared to stand in the Book for seven years, I did not discover-there had been any erasure where his name stood. This was the original list sent from England, and in which he appeared to be sent for seven years. That list came .to me from the Secretary of State's Office. There were more lists that were Copies of this, but I generally had refer.. ente to that when occasion required, as being a document of the highest authority ; and I found this and the others corresponded. Giving faith to this original list, I gave the man leave to quit that Country, and to go wherq he pleased, and he came home in my o*n ship. In consequence of what I observed of his condua, and being satisfied that he was to remain for seven years, only, I put him into a situation of confidence on board the ship, for I trusted him with the care of the Stores. The list I have referred to, as my authority, is put up and recorded, and is not a document removable . at plea sure, and therefore now remains at Botany Bay ; and this Paper you have shewn.to me, is a Copy of that Record, for I have compared them." rrhis testimony made evidence of the Copy, which Iva. therefore read.] It was thus " Robert Pearce, aged 4.0, for seve4 " years, Extraaed from the R:gistry of the Sitfria.