The Sun. — London, England, 1804-01-26 00:00:00

THE CORDONS. T 1411-fields Brideweli, fan. 25, 1804- MR. EDITOR, I have to request that you will insert in your Paper the following Extraft of a Letter which I received this day from my brother. I am, Sir, your most humble Servant, L';CKART GORDON. " And here I think it necessary to contradid a state.. ment made in the Papers, that the Bow-street Officer was obliged to pay tbr our dinner at C;loucester, the fad being, as Mrs. LEIGH knows, that I not only paid all our expences at the Inn of that place, but also of Mr. MIL L xi( and Mrs. LEI cn's servant : and I have in my pocket the account of those expellees. I mention this, because trivial circum— stances of this kind tend to prejudice the public mind, After I had paid the bill, I told Mr. MIL LER that I was a prisoner, and therefore was under his charge, and that I expected him to defray the expences attemiant on our. journey to London : he said, that Mr. PARKINS had given him money for that purpose, and that he should do so of course." Yesterday a Court of Direaors- was . held at the East India House, when the under-mentioned COM- Inlanders took leave previous to departing for their respeaive destinations, viz. Captains ALEX. NASH, Of the Marchioness of Exeter, CHAS. LE, BLANC, of the Marquis Wellesley, for Coast and Bay, and Madras; JoHN SKETTOWE, of the Thames, for St. Helena and China; JOHN'VALENTINE BAKER,, of the Fame, tot Madeira, Coast and Bay. Capt. ADAM CUMIN! was sworn into the corn- . mind of • the Rental,. for Madras and Bengal. The ships .United Kingdom and Baring were• taken up for the service of this Season ; their sta tions are not yet fixed. The Court adjourned till Tuesday -next. The East India Company have now Ship s . of three descriptions in their service ; those of the largest burden, viz. 1200 tons and upwards, generally em ployed for China, Coast and Chi na , and Bonibav an d China ; t h ose of Soo tons, employed in.the trade to 13engal and Madras, for hale goods, raw silk, and various other articles; and those of 550 tons, em ployed, outward by. individuals, and freighted home with saltpetre, sugar, and gruff goods, of divers descriptions. THE TH E alit e .-a-The very excellent Comedy of All in the Wrong, supported hu - Mrs. jokoAN's All in n a, had a powerful atttaai on last night - at e. urY-lane Theatre, and completely filled the houie. evtatrts...!ottoaer conceived the pleasant humour and • . ‘a‘cu and coque try of the part with great judgment, represented it with admirable spirit. Mr. 11. Jottrirrotl appeared for the ftrst time in the part of „clietier ley. The outline was tolerably correal, but the oludring some. What too _coarse. This aftor never - wants teetink, but he throw s over a ll his charaaers an air . o f soMbre discontent,. and has not acquired ease. His petformatiee, however, was not with_. out comparative merit, considering th resent State of the Ste. Miss DP CA ME - , aii.eo fo r the 'first time, too k the Da . i. . : , ,p.r . - 0. -- :- of. Lady Restless. She P layed with great i : but her anger and jealous-y, though natural, were the representations of those . rassions as the appear • low the th, rank o f Lad ro a state of life much - he_ off very wo , 1 ~y Restless. The Comedy went the audience tilla _together, and Cinderella detained : m e - D , ~: es the final . dropping of the curtain. ' net sed Illoth,,r wrepresente d last nit at Covent G ard en ` a s .t, . aud -,, 0 • w .__,.. , c_e Theatre; with great splendour K l ic a i . ;: s ti t est tl efr t The part of Orestes is one of gin . al air, , ai . la is ti orts. His perfornianee has an ori troughoUt grand, striking and im pressive. Mrs.sipboNsi - s entitled to the same praise: -=-The various emotions and • • , , particularly the dignified pride of the Ch'arafier, were expressed with the energy of nature and truth, and with ell the graces of a lion. CHARLE S KEMBLE entered. into the part of Pyrrhus with great spirit, and elchihited, with considerable skill, the conflitts of love and resentment towards Andromache Farce of The Escapes followed. is a spiritedtranslation This Farce,.willicillet from the Frencli, Wasbrought forward last season. It is abov e the ordinary rate of such 'Entertainments, and i s very well represent... ed. The Theatre was attended by a very numerous audience :The Bath Theatre, it is said, has never been so htraivlirytz.s Much the representation of The Hero of be attributed of this attraaion is doubtless .tO the young Poe t o the respea in which - The father of _sotTll,-didt 2insdheld in that city, as well as to the very been brought forwabredautiful style in which it has attraftion is the intrinsa but the chief part of the nie merit of the Piece. If our fashionable y„lniliphs want to know how much better they look an artificial bloom, but trust to they do not resort to to the complexion of neture, they have nothing .to dobut obeerve GaAs; SINI in La Vergine del Sole before anlafter she is ordered - to be sacrike:ed. She look s charming and inter. • Nuch• more the - • tsting after she is divested of paint general' 1 in native sim ' y uset open the stage, anti awaits pltcity her expetted awful doom. r. Pia . nee . 13,,,,,,,,,,' sis ter of the C ir "F f 'Wiih his Lady PAtr LlNA','ihe 1 5th o f b ece t _ sl c onsul, arrived in Rom e . on the mu tt .. ee., went 1 ILe next morning the Princ e . In grand c ,l a t lines s , end on t p_ 0 a private audience of His Ho noon f-, )r .1, " next Sunday the Princess.appeared eipal ) , s l y ":e first time in the Corso (the prin _ rad), i In R ome, _ ti ao as a place of public pa- Iv hieh she d °Pen cabriolet dra I 'h I w o )y erg t Jorses, rov e . 1 of the Ro man I. ~8 4(1n e to the e•r e at astonishment ei es • b the Corso. n ...,n a r l , several times Up and down. presented with her t'e succeeding Tuesday, she was to His Holiness on, °ther,in-ia wby Cardinal Fesc ti den pal ace,, ,' 4 ", ° ' r eceived her, not in the gar b__ . . Where Ladies • gar but in the p apa l , sire commonly received, the cas e o f Noce itself, which is only usual in L. ' ast.l hursd I , persuns of the greatest eminence. feetly sweet, .. 2 a very large fish, dead, but per- Rotti ngdean : wd t s washed on shore by the tide at was an utter stranger to the men who picked it u l' e , _ a 1 ) . ( 1 .1 . o all who afterwards saw it : it measured in had w i t hi n it a young uewarels of eleven feet, and five feet long. We are ;..1 a loss ' to say to wi n ! 0" dt tribe this fish belonged, hut wer e we allowed- t hav e h ad of it ° g"ess, from t h e description we or G ra , we sh ould class i t w i t h the Dolp hin mpus. t .BABA Avis.'_, milk White sparrow was on one night last we week taken • in a net, by a farmer at East Ctinsteall, wh 1 • 0 has encased the little captive as a great curiosit i • ZAW REPORT, COURT OF KING'S WENCH, TAN. 25 Ix the course : I f calling over t 4 perm). p 101.; Paper, it appeared that the Parties were not reedy. owirg to one of the Attornies not being aware-of the rules of the Court upon the subjeft of filing Al. fidavits in a given time, for which lie was very se verely censured by the Court. The CHIEF JUSTICE said, that whatever loss this Attorney might occasion by such negligence, or ignorance, might be very properly made the subjeet of an Aft ion. It was no excuse that he did not know the rules of the Court in this particular—he was bound to know them. If he wanted informa tion, he ought to have inquired at the Offices where the business was transaaed, and for which there was abundant time in this case, for be had had the whole of the Vacation. As to the Peremptory Paper, his .Lordship observed, there was hardly a case in which some excuse was not offered for not being ready on the day for which it peremptorily stood, and therefore the Paper should rather be call. ed the No.n..peremptory. Mr. Justice LAWRENCE rebuked the Attorney very seriously for this ignorance and negligence, and said, there was no excuse whatever for him. Mr. GAR ROW was to have shewn Cause for this Attorney, against the Rule, but could not do so owing to this mistake in not filing the Affidavits in time. Mr.Ginus had obtained the Rule last Term, but he was not in Court,• and there being no Motion to make the Rule absolute, the Court could not do any thing with it, -- The Judges conferred for some time ; after which, The CHIEF Justice said, that this was an extraor dinary case. The Court could not know what rea son there was why no Motion was made to make the Rule absolute ; but withoUt such a Motion, the Court could not make it absolute, however clear it was that upon Motion it must be so, because the Court could not take upon itself the province of an Advocate. Mr. GARRow was in Court to spew .Cause against the Rule, but he could not be heard in this case ,without the consent of the other side, since the Affidavits were not filed in time. Yer, since the matter was mentioned, the Court must make some disposition of it. The Rules of the Court must be observed regularly and striclly ; the •oniy course, therefore, which could now tie taken, was that of ordering this case to be struck out, and afterwards, on Motion, it might be restored, and, upon consent, Cause might be shewn against the Rule. In this way no Rule of the Court would be violated—otherwise the Court would, in one case, be taking upon itself the province of the AdvoCate • in making the Rule absolute, since no Motion was . made for that purpose, the very respe6table Advo cage who was to have made it not being in Court.. On the other hand, if they Were to allow Cause to be shewn without consent, as the Affidavits were not filed in time, a peremptory Rule of the Court would be violated. At present as there was nobody Hmy Court to support the Rtile ii" should be struck i out. But in order to prevent mistakes in future, frorn Parties not properly attending to Rules, that are enlarged, as this was, it might be as well 'to make a Rule that the ?arty at whose instance a Rule is enlarged, shall serve that-enlarged Rule on the other Party. The Court would consider the terms in which that general Rule should be formed, and afterwards the Court would announce the Rule, which would be to the efted he had stated. lIEKSCHUR AND ANOTHER Z. GREGORY. This is one of those numerouse causes originating in the Stock-bubble, during the last Mayoralty for the City of London. One trial between the parties had occurred in the Court of Common Pleas, and another in the King's Bench ; and the present appli cation was to obtain a rule to skew cause why the nonsuit should not he set aside, and a new trial had. "f he fads of this case were, that the Plaintiffs being Trustees for certain Merchants in Harnburgh, sold stock according to their order. The Defendant re lying on the resolution of the Stock Exchange, on the occasion just alluded to, refused to accept the transfer of the stock so sold to him. Under 'these circnmstances the Plaintiffs gave notice to their cor respondents, so that between the 511) of May and the month of June, no re-sale of the stock was made. This case was reserved for the opinion of the Court, on a doubt, admitted by Lord ELLENBOkOUGFI, under the 6th and 71h Se Lions of the Stock Att, yiz. Whether the Perms of the Act imply that a transfer of the Stock, as' well as a contrail for sale, is necessary to constitute a valid engagement ? Mr. ERsio NE for the Rule.—" The question here is, if the stock should not have been immediately sold, instead of waiting, as was done in this case, for the reply of the Hamburgh proprietors ? The Court agreed there were no counts in the Declaration which would reach such a case, and leave was giiren that it should be amended. The Stock was sold for 6o on the sth of May ; the offer of transfer, and the refusal to accept it, were on the same day. The re-sale was on the Bth of June, at 57 ; 1 with the divi . dend, or 58 4 ,' without it. The Stuck being shut at that time, the transfer was made on the first day when the books were opened. The übjettion taken by Mr„GIBBS at the trial was, that there was no aaual transfer until after the ACtion was brought, and that therefore the r e wa s no foundation for the proceedings. Two points the Court will have to consider. c First, I shall contend, that by the terms of the Statute, no transfer is necessary. Secondly, that if such transfer be determined to be necessary, the Plaintiffs have done all they ought to have done, or "could have done, to lay a foundation for their action." Lord ELLENBOROUCII.—" I certainly thought the words of the At require a transfer, as well as a contraa for sale, and so I expressed myself on 'the trial."—Rule granted. COURT OF COMMON PLEAS, TAN. 24. SMITH ,V. DICKENSON. Mr. Serje3nt SFIFPHERD applied 'for a Rule to spew cause why a Nonsuit should not be entered' iu this case against the Plaintiff. The 11:tcndant was charged with having - abu:,,ed the confidence placed in ititrAly the Piaintift, who had spade certain, 'discoverie - s relative -&astic siling saddles, whith he had enttilsted to the D -fen dant on ; an, agreement of secrecy, in place of which the li,efe.piant had abused that confidence, and ()b -rained a 'Patent for those dicoveties in his own name. , _ _ The :Tory found a verdiet for the Plaintiff, con ditional, if the I)eicridant Plainriff yo :the benefit of the Pdtent, for 3001. pr, if he failed to do so, for breach of agreement, to the extent of 0601. The Learned Serjeant contended, that the verdia was unfounded, from the facts atifluced in evidence, and ftorn the vddiEt of the Jury themselves. The jary.had found that it had been agreed that the Patent shnuld be taken- out in the Defendant's name, and yet the:±7 had Ibtand the Defendant liable in breach of agreement, not,.,because he had denied participation to the Plaintiff in.the benefit resulting from that Patent, but because he had taken out the Patent in his own name, to the prejudice of the De fendant. Lord ALVANLFY said, that by the grossest trick imaginable, the Defendant h_►d succeeded in obtain ing a Patent in his own name, contrary to all good faith between the parties. The Plaintiff had, how_ ever, acquiesced on the condition that he was to be admitted to a participation in the benefit of the Pa tent, and, if the Defendant had 'aced up• to that agreement, he should have esteemed it as an appro bation on the par: of the Plaintiff of all prior pro ceedings had by the Defendant. The Defendant, however, had hot performed his part of the agree ment, and not having done so, it was clear, that from that moment, damage must immediately accrue to the Plaintiff. Mr. Serjeant BEST, for the Plaintiff, moved, that if the Defendant's motion stood, he should also be allowed to enter a verdia for toool. which, how ever, he was %I/1110g to - discharge, if the Defendant chose to withdraw his Motion. This not being agreed to on the part of the De fendant, both Motions were ordered to be entered. COURT OF CIIANCERY, {AN. 24. LADY AUGUSTA MURRAY V. HIS ROYAL HIGH, Ness THE DUKE OF siTSSEX, AND OTHERS. THE bill was filed by Lady Augusta Murray, praying, amongst other things, that the Defendant, Mr. Coutts, might be restrained by an injunlion of 'the Court, from paying to His. Royal Highr.sss the Duke of Su sex, a surn of 40001. per annum, part of an annual pension of 12,0001. settled upon His Royal Highness ; and which sum of 40001. had been settled by deed trpon haly Augusta, in con sideration of her et - 1 , 3061,g and maintaining the children she already had, or might have, by His Royal Highness. It alsU stated, that Mr. Coitus received the s z,oool. under the authority of a .power of attorney from the puke of SuSsex, who was at present at Lisbon, and out of the juris„ &Won of the - Court. Mr. Coutts admitted the letter of attorney, by which he was authorised to receive the money, hut stated, that he had no money in his hands belonging to the Duke of Sussm A motion was made during the Sittings before Term at Lincoln's-Inn Hall, praying that Mr. Coutts might be ordered to retain in his hands, and pay over to the Plaintiff this'suat of 40001. when he received .the same, on the ground that the deed stated in the bill, gave the Plaintiff, Lady A tsta Murray, 'a iitia upon the annual sum of 12,0001. • granted to the Duke, to the extent of 4optal. a year. The motion was resisted, upon the ground that Mr. Cotitts was merely authorised to receive this money tinder a letter. of attorney, which might be revoked at pleasure by the grantor, and that he was, by law, accountable. to his constituent alorie j , for the application of Oa money. When this Motion was first made, the LORD CHANCELLOR, after expressing much doubt upon the subjed, direaed it to stand over ; and this day, his Lordship said, that he had given every con sideration to the sLibje6l, and conversed with the MASTER of the ROLLS upon it. That neither his Honour nor himself ever recolleded a similar case, where the grantor of the deed was not before the Court, and who, if present, might set up many ob_ jedions, which might perhaps he fatal to the exist ence of the instrument. His . Lordship said, it was i m p oss ible in this stage of the cause to grant the i n j an dion as prayed, but that he saw no objcaion to restrain Mr. Coutts from receiving the money at all ar present, and if the Plaintiff chose to make any other motion relative to the application of the money, that he felt so much.ditliculty in the case, that he should certainly hear it, assisted by the j u dgMents Of the MASTER of the ROLLS and the LORI) CHIEF JUSTICE of the Comnion Last week five j auneymen paper-makers were sentenced to two month; imprisonment in the House of Correaion at Wake&ld, for combining to in. timidate a workman from being employed in the service of Mr. Martin, of Headingley. A few days since died at Bawtry, Mt. Barker, formerly a Farmer in that neighbourhood. For some time before his death, his mind had been so absorbed by avarice, that although be possessed landed property to a considerable amount, he was constantly complaining of poverty ; and a short time ago, aflually borrowed six guineas of a Gentleman to relieve his exigencies. On his demise, however, them were found concealed in the seat of his arm chair, too° guineas ; in his bureau a bag contain ing 500, on which was a label with the word "Sound," implying that they were of full weight ; in another bag soo.not quite so heavy, and several other sums to a considerable amount, including 6001. in Bank-notes, with a large quantity of silver. On Saturday se'nnight, as Mr. John Wiles, Far mer, at Upwell, Cambridgeshire, was accompany. ing a friend from his own house to Upwell town, least accident should happen to the friend (not being accustomed to the road in its present sstuation, the waters overflowing pact of the same), by a slip of his horse, he was suddenly immersed in the River iNnie; and not being able to extricate himsdf, or !;is friend to give immediate assistance', he lost his lite, kilving a wife and lour small children tolament ttilt loss of a husbrmd and parent, who MLA a war_ tyr to his philanthropy. COMMERCIAL AFFAIRS, THE following are copies or a circular letter rnci gePeritiJ)bietvatioris on the pr4Trased of the Duties, of Customs, sent by the R!ght Hon. jiAAC CORRY, _Chancell_9r of the' Excl:e,:iurr for Ireland, to the Merchants and Committee of iVier. challis at the ComMereial Buildings, Dublin LorAori, Dec so, 1803. I have the honour to enclose herewith a SCIKNiII le was voted in the last Session of Parliament, a geno:A phut of a consolidation, with some alterations, of the putt duties on foreign articles then subsisting,. I have the honour also to enclose some copies of:ni ex pi. ,r. 4 .Story paper, intended fur the better inform'ation of the met- Cfrants respecting those duties_ • I request,you will communicatethe same to the Mer Chants of your ?ort, and others intere,ltecl therein, ter the piirpo , .c of . enabling them tosuggest such , obi , 2rvations as they may incir;e necessary, hefpretheintroduetion of the measure in the pre:. sent Session, cf which I have already given notice in meta. I am, Sir, your - lilt:Pit humble Servant. The following general observations are stated for the better information of Merchants, respreing the Schedule Of Duties on the Importatir')n of ;F :reign Articles imported into Ireland, voted in the Szsstun; of Parliament of the 43 G. 111. Ist. The Duties, therein relate to foreign a7ticie4 only, whether imported direnly from the place o-,F growth, or through Great Britain, but in no rnpen to articles of British growth or rnanobaure. 2d. The Ddties now payable are principally those under the Ads of 4.b Geo. 3. c- 4 : G. 3. c. 33. : since Fontinued, and the G. 3. C. 1 T 7. E.d. The severn'l Duties abovementi,,ned'arc- in the' Schedule consoiid;3.tetf ; but the Duties therein voted are not in all cases the precise consolidation me rely for first, all fra6.ions of a penny have been Chamicd for the next integer, above or below ; and secondly, in certain cares, the Duties have b . rera somewhat in. creased, as on East India goods, to which the Duties of 4.2 G. 3. C. 1 17. are by the Schedule extendedl in other case's Daties.have been somewhat dimini-h -ed, when compared with the Duties under the Ads abovementicned. . . 4:11. In instances where the duty payable by ' te 40 G. 3. c. 4. since continued, was payable on the , value of the article, and the additional duty ot 42- p. 3 . c. 117. was a rated duty, or the reverse, tre.• have for the ease of the merchint been blended itro one stun of duty, either by a rate or per centaFe, according to the nature of the article. sth. For the duties on certain goods of the growth,' produce, or manufaaure of the United States of Atnecica, see also the American Treaty At 14.1 G. 3. . C. 95- 6.11. The drawbacks now allowed on export of fo reign at tides to foreign countries, are those under. : the Ads of the 40G. 3.c. 4. 4.1 G. 3. C. 33, since continued ; the duties u.lder 42 G. 3. c. 17. act now drawn back,, were by the scitetiulc, as voted, co be drawn back. 7th; Ten pet cent. on the subsisting import ties having been added by the .4.3 G. 3. c. 94. iris . intended to consolidate this add►tional ten per cent, in the schedule to be submitted to Parliament. Sch. Though the schedule with the alterations herein stated is intended to be submitted to Parii4_. ment, as the ground of the new Echcdules, it will ne.- vertheless he understood. that the new schedule to he proposed may vary from the present, where that may be deemed expedient, in pursuance of any sug gestions for that purpose. A Letter from Madrid, dated Dec. 23, states, that on the 9th of the same month His CATHOLIC MAJ ESTY and the Prince of ASTint lAS we're over turned in a carriage, in consequence of which the former was seized with an asthmatic fit: He was afterwards twice bled, and became touch better. It was generally supposed that he would not go to Madrid during th; winter, in c;lnsecitiettce of the prevailing scarcity, btit would proceed to Toledo, and from thence to Atanjuez. The people of Ma.• drid of course feel great disappointment, as it takes away sOOO persons of his suire, whose money would be otherwise spent in the capital. The. deaths oc_ . caioned by the fever, supposed to be brought to Malaga by the French horn St. amingo, amount ed to 7000. Its virulence was considerably dimi nished; but the corder: of Troops had nut been re moved. In the Court of King's Bench, on Wednesday, a . notion was made to increase the issues in an Aaiun against Mr. Saville, for bribery at the late Hcydvn Eletion. It was stated, that the ohjed of the suit was ,to recover three Penalties of eg,oool. 0,0001. and 36,0001. and that the Defendant, having.been summoned as a Member of Parliament, had . batricadoed his house, to avoid being served with any other process; he had made it a per feet Mahon Muree, and when any person knocked at the door, a servant hallooed from the top, that she had directions nox,to receive any message or paper. It was further mentioned, that the Honourable Senator made it a pradice to enclose his 'Castle on the first day of Term, and throw it open on the last.--Theectut direded that 01. might be levied on each penalty. Yesterday, about four o'clock in the aftetnocn, as a lady and her daughter were walking in the fields leading to Canonbury-houSe, Istington, they were stopped by a single footpad, who robbed them of two guineas, and ran out of sight before the ladies had time to call any person to their assistance. On. Monday morning the wife of a labouring man at Sommers-town was safely delivered of three 0111. dren, two m..es and a female, the whole of which. are liVing and likely to do well. This wo:nan has brought forth nine children within the last f_xa- years, she having twice had twins prior to this. On Friday evening last, about ten o'clock, as Mr. John Mead, a respectable carpenter of Ashley, in Catnbridgeshire, was returning from Mr. Hough. ton's, of Chevely (where he had been spending the evening), in crossing a field at the back . of Mr. Houghton's house, where the path laid between two ponds, fri)m the extreme darkness of the night, he unfortunately fell into one of them, and was drown ed. On Friday evening last, as one of tl . .e Canted ury coaches was coming into Town, it was overturned near the Elephant and Castle, St. George' and a Lady who Was passenger, had her heed dread. fully cut, her left arm broken, and was udierwise very much bruLed.