The Sun. — London, England, 1801-07-11 00:00:00

gh - L7S , EM at the by rke • ... 4ii• • 1 , - N AVAL i 0 J ty NEWS. Non iIII int,i ; rium licla g i, igrausique Sed mihi torte datum. PLYMOUTH, JULY "0. Artß E the Majestic, of 74. guns, Captain* D. ) OLD, and Excellent, of 7+ guns, Captain Hon. • STOPFORD . , from the Channel Fleet ; the latter b rought several light. Vietuallers under convoy.. Arrived the NOtunej JACOBS, and Alert, 'al tßbp, with brandy, &c: from 'Gibraltar. Sailed With I 5 'others, under convoy of the Sea-Het-le Fri gate, Captain E. J. FOOTE ; parted company in the . Channel. Arrived the Prussian Brig ihkeuer,.SLEn s om, from Charante, with brandy, for orders. PORTSMOUTH, JULY to, ARRIVE D last etrening, several Transports from Guernsey, and this - darthe 55th Regiment disem. barked ►rom therm The Matta, of tobgunsiCtlpt. BERTII, this day went out of the Haibour to Spithead . . T h e 872 ite",lo o p of War has made . t signal for ConvOy to Portugal. • Arrived at the . .Motherbanlz, the .b.:roi-4, from Guernsey; JULY Ai ititrtb the' Prizer of . 'fre'rest Tacker, dboi- eight days' from, Lisbon‘. ! : -Left there - the 11 Z;ogef , O vs. Packet; which was to sail - the tth inst T heanig I'aCket, was not arrived out.— Nothing ilatther'haa - transpircd at Lisbon relating. Peace betWeeti Spain and . Portugali -- When'the: l'aclttt ,sailtd, - waS - Zxiifttd to be'pliailiublii Jr ' Is w days: 4 Pailed the .Atrieittan 13rig . Atextoi, --i titrvorr, t ariteodon, with 120 baiteli`Of remain the outward PaCkers tor the - Weir indies, America, and Lisbon, by contrary wind. The Taq,un4billi Packet, the fastest sailer we brie in the service, will take ogt the Mails for • Jamaica, • Passengers per Prince of gfahis Packet': Mr. and Airs. Koster and chiL , - Mr. 4art3cs , dren Mrs. F. Bldate Mrs. Trant 'and child Master and Miss Lyn Mrs, Fitzgerald Miss Hot-rington Mr. Lyne And Miss Scaly Sclirceda YARMOUTH, kw( TO. Tits Morning, about eight o'clock, the Pk iqc of CON D t landed here out of the Sally Armed Ship, from Cuxhaven. Sailed the Hazare/Cutter for Admiral Di citsotit's Artive4 .the ritiette Armed Brig ; end the .11:7,1s , George ffacket i FLYNN, from Cuxhaven. Sailed the Lotoestoft; BkowN, to Livetpool Ana He4l of Oak, FIJI, LER, tollirwi'clis S(iEERNESS, JULY 10, :rats day arrived the Gia:tgn, of ,54. gansi CaPt. Nolvx.r..,' from theß - 116e. The number of - men lost yesterday : in the lade, is nowsomputed to' be 25 ; , , hut we: are in } lopes (some of the people having been pickedth up by e Merchant Ship' s bat tiot Y et c°lleetedl,' that this number will be ;.•_...ucco. DE,IL, atrL S :o. . , - dis Nl;i3e' sty's with la Arthei and .Mariner Gun-brigs, and 4..7acriori Aimed 'Brig, sailcd this manning on a Cruize to the Westward. Atrivect the &c,:z-Horse ixigate, with a Convo y 'from the IVlediterra'nean. In the Downs,, the Ofver.y.r.rei; St; 'Fio'ketiza, Sea . - ;Arse, Hound, Rave; Exigehie, and Dill:teller' Sloops, King _Geerge., Stag, Venus . (Ist) Cutters,- Resolatios and Vigilant Loggers. thThe pevitin Sloop, which - ..fought the ree 'french privateers, carries : t g guns, and is Commanded by Captain 11 / 1 , 15E.1.L, and not Captain touv 41E, as has been stated. She. engaged the Prench .ptiVatgers -on the 16th of March, and lost' her fore -topmast, instead of foremast. The; pri. Vateer.she was taking possession ofscarried 22 Sheeaptured the Swedish East-Indiamanon.the 6th, of April, w hi c h had loaded .at the Cape, and was • bound to Got-tenturgh, valued at 6o s oool. The Pevuirs h4d - only four men .wounded. in the action with the privateers.. - The Fleet which sailed from Portsmouth for the West Indies, on the / 2ISt ult. underc6nvoy of the Garland Frigate, were ail well on the z7th, in lat. 4.7.21. long. 8.35. with a line breeze at E.S.E. Res 6ruitdii Vestershall, from Pensacola " I Mob Ole to London, is taken by die Syr en Fri titt, and carried to Jamaica, sAlr REPORT. COURT es KING'S Blisf6ll, FR IZ4 Y ) ?LILT L/.. SiTrzscs !t:tigv . KTliiOn AND ;7ECIA4 U s k Y Gvittra)cti:', taguoN. r As soon as Lord KEigiori Caine into.,Conit, - his 4ottlihip obSiered,' that -he had - re=considered the case of yestetday, of Hunt and Loring where the point had been reserved, ‘f Whether the condem nation of the Goth in the Exchequer - . Was not ne-- cessary - before the PartY could declare for a.Loss as for a Forfeiture," I-le had looked into cases,: and f'cound' . it was decided againit the ,objection now . taken; so that the point was now at rest. THE ICING' V. OWEN AND ANOTHER. M ar. JE vrs opened the Pleadings for the Crown. The ATTOR' EY GENERAL Stated, that - this: In- - di&ment was preferred; in order to repress a prac_ ace' fotinded on A system of Fraud arid Erribezle ment, ‘vhicif if not repressed by infOrCioithe pe- . Maks inflied ;by the Law, it would be in vain that we should devote, as we did, such large `sum's of money to the brit SerVice of this'country, he meant the NaVal . Service, 'for. if Frauds and Embezzle: ments, such as he had to lay before the Jury, were not' repres - sed; 'they' would be defeated by such Frauds and Embezzlements,,they .amounting al.' ready to no less a suer-than 5°6;006E . . within One ' year. He • repeated, that unless• such Frau& and EM bezZlements mere put 'a stop . - to, it would be •in • vain to, vote large .S :2 MS of money' for the - Public SerVice"; • the wltple gevenue of the Coulitry,rnight, at last, be swallowed up by pragices like that which - vas now to be submitted to the Jury. The two PersonS who Mere.the subjeas of the Indi6lment . just opened, were Mr.:RobertOwen, and Mr. Wil liam Marsdell, personi carrying on very considera ble trade in Paetnership . together, in HoUndsilitCh. It was a subjea of serious:-regret, that persons-in a situation of life which placed 'them above indigence, the ordinary thotch'insufficient excuse, offered 'for . fraudnlent pragic,es various kindi, shoidd.put sue it. It would- appear, from Evidence, that the Defend_ . anti had bee; largely' concerned in this mostfraudtr: • lenttrafficke At the time when one of them was coin_ mitted, there was found in his' pocket a.letter, which datiie to him diiefted to . Messrs. Owen and Idarsdell, Itloondsciitch, from a man of the name of 'Henry }sad, 'whq'was then - in Maidstone Gaol :It was in Match 'lBO . r; and addressed - within to Mr. Owen, oontaining• this substance—fc My wife saw Mr. Hoviard:on Friday, and she told me that Mr. Mars shouldsaY, if I wanted- a trifle. of money, . in regard of Procuring Counsel, or so, she shothl be • -able to have it,. therefi,re, if you would assist me riow, with a small trifle, it would be of great mt.:. 'vice with - me, • as things is but so so with me at present ; but I rely in God to get clear, as the Chatham Jury is 'appointed, and sev e ral of my friends are chosen in it,"-- 7 -by which the Jury would observe, that this man wrote to both of these De-, feridants, referrin g t h e one of them to the other; and by which ivappeared, that he relied for his on that which would be a forlorn hope to the Defendants today.---namely,, the corrupt 'Fel lowship of the Jury: This man, Paul, Was however convi&ed at last, although-he had been tried twice, and acquitted, and the Learned Judge, before whom he was tried, had occasion to express. some indig nation at some part of the Proceedings,but not against 'the Prosecution. Such was the connettionbetWeen tlils Convia and the tvioDefendants upon this Incli&ment. So'me time in the month of M arc h last, a Gentleman of the name of Mottley, Who wailnspedor of Stores at .Portstnouth, being at the house of a Carrier of the name of Clerk, discOvered'some things which caused him to come up to London to search the houses of the Defendants, - .-Where he found what .: would be re hated by the Witnesses—naval stores—the posses sion of which, tineuth6ried by Governmente was by particular Aek of Parliament, made evidence of their having thent in the same Way as gods are . by .those who receive them' knoWing them to be Stolen, and justly so ) for no one coalclthoneitlyvossess such articles t tat they had the name and - mark whiCh'de. notedl them . to be the proPertY'Of the' Crown;:--_ , These things were found so marked in the- shop of the - Defendants - . - The way in:which the discovery' was made, was this :Mr . . - Mnttle}r„froni circumstances of infOrmatidn he had,' searched' the'houie .of the Carrier he allt,idt..tf to. On nnding . some things. there, packed up; which he knew to be 'of the King, he asked where they were going to t- *as told •to the . house; of - Owen and Maritiell; in ,l-coundAii•-ch. • trpon this Mr. MottleY carne ii to London', got a: Warrant froth the:Lord Mayor to empower him td search the 'hotises• and wafehMiSei of the two Defendants; and he went under that au- Chority w t.lt t'wo Miirshalnien'.toeaeh - of the ha:115 , -s' of the Defendants, the one g 6; other in Houndsditch, with the tillirt:2 of Owen ,and 'Mars.; dell at the one, and ' fr M'jtrskiell .and Owen at' the other, each puttin .his - own. name first 'at his own house. These Otieers, thus authorised,' . ..vent into . the warehouse of• - &11-.; Owen, and there they COM . under the stair.: - case, a. quant Ity copper slice on which tie Broad Arrow appeiretl'partly - tiefaced,- and industriously so ; some entire and 'plain,' and' most of them PerfeCtlY visible. Conly.some of them .were entirely, untouched, and quite new : further on, in the warehouse theyefound more: of the same : materials marked in- the sarneutanner;andthat they were the property. of His Majesty, and part of .his Naval:Stores was beyond all question. • On some of them there,was a peculiar :mark '.besides that of : Broad Arrow, that. was "'afar." which'sfood fo - r ,the month : of March, - -and the year 180 r, and the letter C.denoting . that thestS to res Nirere marked for the King's, use at the Dock-yard ofChatham, in the month of March, r e Sor;:and could not, have, been i n the possession 4r. f 7itly Dealer before ihat time,' be cause they 'were not issued until that tirneout for the King'ssservice;' . and it woold be difficult to'shew hOw they could,' in the way of trade - , come into the warehouse of the Defendants on the 2d of •April followintz, and yet so they were.' The truth was;: that these things which were found in the warehOuse ofthe•Defendants; clrtne front Deptford, Chatham, _and other Dock y ar d s , aud they were all embezzled ; and this :was the,.trade.iii the Def;:ndants trafficked. •While'the Officersmere.in the ... Warehouse of Mr. Owen, 'Mr. Matticy OW a packet; or 'bag, lying on the counter.; He asked,Mrt Owen, what tit thi Mr. 0 the this: Ittn said, ‘atre .not The truth was, that this had .teen furnithed to them by a man of the name of Howard,.froni Dept-: ford, who had dealt in-thes'e things fa a while hin3.- turnedevidencec and 16t.bis aSsistanc•io the cons idion' of others, and .then .himself to; tis old trade again On - searching the house of Mars_ dell, other, goods' of the, same .kind were _found there. In a word, it was clear Oat the Defenclapts were in the constant habit of receiving these 'copper.. i bolts, and copper sheathing, from 3 .ortsmoutli, from - Deptford, from Chatham, and - from other Dock- yards, and he was, afraid that this was not yet found outio its full extent ; butia great , deal of it would appear to day, ~so.that there would be no doubt left on the minds of the jury that the Defendants, 'knowingly, and wilfully, had - ti goods in their possession, and then the jury would,. feel.it their duty to find .the. Defendants guilty. could not, however, sit down with Out witrnin,g the Defendants of the probable effe& of their attempting to- defeat the justice of this prosecution, by Perjury; .they shduld remember, that such an attempt would aggravate their puniibment, Which, urn,the Statute on which this- Indietment was founded, was disci-el tiondry. _ • .• Mr. Charles Mottley swore,- that he-'was an In•:- spedor of -Naval Stores, appointed by • the Nair - Baird, for the purpose of . deteding-illecral dealings in Naial Stores, at Portsmbuth. That he discover_: ed some 'casks - at Portsmouth, containing sot Na ial,Stores, from which he derived certain informa tion, which led - him cci come tip to London f0.p.1-0 . :. Cure from. - the Lord May-Or a Warrant, and under' the authority of it to. search the Premises of the Defendant& in rHoundsditch. That he - came off from -Portsmouth on the '3 tst . of 41/1-areh, .and ceeded to search the *Defendants' Prethises,- on the id of April. He found•th,it- the Defendants lived in . ;sepaiate houses; in HatittEdit'ch, " the eine -at N. 96, the other at 99. • He searched the 'Warehouse of each. The names -- were :on the door, • Owen and Marsden at one, and Mandell and Owen at the other. t'he'y carried on the trade of Copperstnithsin Part-- nership 'together: The -firSt place:he searched - wai• that• of the °Warehouse of the-Defendant Owen: - In a •Binn under the Stair-case he.found several pieces of . ' Copper ; Copper Bolts, and. Copper Sheathing such arteles as -are used*in 1:Iis Majesty's Navy. At the other end of the * Warfhoule,- where.aAumber of _ men were employed, he founda great quantity .of new Copper, Copper Sheet, and some pieces' of Copper Bolts, upon 'many:of, Whiaithe road -- A T— r° w was visible,.On others there. was the Mark of it • to be traced,,and evident pains had been taken to de- fate it by hammering: and* 'On • some of which 4as a peculiar mark, Marthe let ter C.-standing for Chatham, the letter's standing for -March, and the year 18ot, together with the • Brpaci Ar „ .row. : (This %vast() shew the . dafe; - before which these thing' s could not have-lven issued i!rotn - the Dock:. yard at Chatham, as appeared'. afterwards by the Evidence of, another Witness.] - _ • Mr. 'Owen being 'asked hoW he came by. this Copper,' said, " that any body could. Make • these marks of 'the Broad Arrow, thar'he Could make `'a room trill of them in a very''shOrt time."—Mr. Owen was at dinner .when the Witness and the two Officers went. into the warehouse, btit he came down and att e nded tim.whoic- of the N3eatch..:--Hc' was told that these were the. King's stores;and Owen said, he could not tell.—The Witness said he came up to London in consequence of 'the infor .;llation-he had at Clark's at Portsmouth ; upon his yelling Mr. Owen . that these were the King's stores again, . " that was not the King's Copper, that he knew of."—As to Portsmouth, the Defend: ant Owen . said, he had no 'dealings' lately there, " that he had no King's Copper that liekneW of." He said " Ise had dealings at - Poftsmoitth with a Man of the name ofMissing"*- - ,-(a "person accused of the same offence}- - 'there was a bag 'tied 'up 'near • the cloOr of theWarehouse,:anci the' While's 'Oraered -that to 'be' secured: ilso.Mr.- Owen said,' as to that . bag, he had not 'purchhted that yetf'. upon • thii . a stranger carte 'into' the Warehouse, and asked Mr. biven " If they (Meaning the bag) ihad been' weighed'?"-=Mr.' Owen said; 'ti" No, they, had been busy:" On the'WitneS§'asked this' man; in the ipresence 'Of Mr.. ()Wen, - where he hrougliethar bagfroini•intti heiedid not- give any 'answer; but afterwards said,' " .he brought them froth no - tvardsr at ' - Deptford,--and that he t , as a 'Common Carrier, and as 'such brchight'thern' up ;" upon the faith' of 'which' he'' was allovieV-io to Upon this • these . bags were opeiied, jnd'it appeared; that they contained %per, which also belonged to Hts MAlEirt, defaced, and , attempted, to be.dis guised in the sameimmacr as the Others They than proceetled to the_othci . varehaiise, where they. did not 'find Mr. Man ,dell,' but found a number of pieces of sheathing - and - 'copper bolts of the sadie kind as those .in the warehouse of Mr. Owen ; all of which they secured, 'and it weighedabont z4oolb. —lt was afrcrwardi taken before the Lord MaY6r, and - Mr: Owen along with it—:Mr.. Owen appeared' to be 'a .gOud deal confused and 'embarrassedWhen this'searCh was tua*.i.e.. Samuel Elohlswerth, one of the City Mzirshall_. men, gave an acCoant also' if the search of the two Warehouses, similar to that given by Mr. Mottleyv , . only adding, that Mr. OsVen most readily gave them every information in his power, ordered one of his men to attend, and to shew them every place. That none 'appeared to be in any state of 'conceal.. -tent : that the binn appeared to be' a place for-re, fuse copper, and the rest were lying open in the warehouse, &c. The other Marshalman gave his account to the same effed. A great quantity of copper, as 'taken frorn'tbe Warehouses of the Defendants,' was brought into . Court, apil proved= to belong to the Dock,yards,-by the' marks already stated. . , It;cht-d !'erring, Es;. ,keeper' of His Majs - ty's Dock yard at Woolwich, proved - many of the:bolts to be entirely new, and to belong to His Majesty's Naval Stores. E eirzven'd ifexsikt E an Officer of the Pock yard,,,at Chatharn,. proved that soirie "a the pieces .belon,ged to that Yard, and could not have gone from thence before the latter end' of the month of March last, because. they bore a mark that was not r .. f . 'o artited to them t.til.. - tt: l .t.. tidie r : f=tllek Were . 4 .4 .in. tlierDeil . lattrits 7 • warehou s e. o n .tie .-id cif ../ipiii.l rilhisiiiaik; -denoting- the ..thonth •-and year i .WaS 3. , .t . . iog .adopied tome years. ago- cithis.tteedurit-4i t h et been foundthat.sortie irt?riliacilieed mixed, Witt., : clapper; which .corroded it the:slzip,.. arid 'decayed in : ; atint: a year and art 1m..1f .;/' thertiorq to .prevent,thai iti future, , Government . had agreed ‘freith all'Contraii.- ' t . rs,' that• i f atiyuf the .c viler Of ships siniu . id be wotri d '..' =t within six. year's, the ContraorS should rentivT t icm at theirowt, 07, , per,c'e • to•effra thisi'the 4a te %;va stamped oh the`eopper *lien issued out of the iialiis c li riservice ; 'and , thus it was the Witness was en:r -',.. led to swear-positively that .sOme :of the eoppei lodUeed- today, was nOtissuccb:out of the Dock:. yard - ai- , Chatharrt before the _latter- end .. , of Maich ' lost,- it having the letter C. on it, and Mar: I.Bor. tt ..was Allen proyed .tha:t,,Mr. M,arstlea. .'as,s. a ppre.. hended in the evening.aftet the - search waf., made at his house; and . . : the articles. .I.;.)und . then, which Wad been sworn to, tuld..that,thje- •,v , ,s found. in his poelce.ta letter,. t.l4"..sanie as had beed , opened,to the Jur'r b s 3 ., the A.TToRtiEy..GENER.-A., which letter being read, the Case was closed for the Prosecution. Mr. ER - SKI N E spoke on behalf of the ..afendant Owen., arid. Gurney for the Defeu,fant :larsdell. They called some Witnesses, ,whose testimony did ,not _vary the "Case.as it was trade out, for the. Pr osecution. . • The: ATT S :III.IIET. GP. V. ER AL, nude a • very ablei though short teply, in.which he-,said he thould,not, ins,ultthe understandings of the Jury by saving they could have any doubt up_on such ti - caw as. this. :Eel. observ,ecl, amongst other things.,. that-the Pgople,. of this -Country. bore -their Taxes with a spiiit and a temper suitable to. the necessity which created. them. But they could not be _expetled_ to .4e4r_them with patience, if their produce was to be diverted t o suc h frauds as these,- and to gratify the avarice of such . over-grown:dealers in iniquity as theseD4endants, who,, must now be consigned to the punishment which tite`wisclOin . of the Law had' ordered to he infli6ed on such 'desperate Oasenders."-r—and,' indeed, - honest Trailer; 'were . deeply interested' in hunting sudYtaipies' out . of society: - • , • .-• obierved to the Jury, that. he :had taken- notes -of this Case as accu; rarely. as-he .. was .able, wished- to _learn from them, whether they would have hiM sunrup•the evidencei which he wouledo , most readily if there was any doubt upon their minds. . They - answered hinter ': they had no doubt whatever, and that' his Lordship '•-• need not take' that trouble. His Lordship then • Made some able observations on the nature of this* offence, and- - of the necessity of :cpressing : it, when Cases , were clearly -made out, &c.- 'as in 'this.- 6 .-He' , . &milted the prevalenceof these frauds, &c.. • The jury found both die-Defendants Lord RENYot4 - then said, the businesS of"theAcl.. miralty, in the legal as well as Other Departnients of it, was in most able and Honourable hands, :and .nOdoubt every' :thing that Could-be_ .done would be • done for the advantage of the 'Public': . - The Legit;. 'attire had, perhUpS gone nearly as fa'r ;Cs Legislative — . prudence could go upon thissubjeti ; but he could not help _wishing that- no . traffick .should be had at all, under dny prretcnte, in Naval Stores.- • ' The A•ri . OXiy-GENEItACsaid he believed, that early in the - next Session - application would be made llPaYliatnehr; and that leave would' be asked in - .the ouie of Cdnibicini, 'tor:l3l4llin a• Bill' to the effeft now hinted • BLOXAM v. JOHN HERIOT, ESQ. The Plaintiff is a Stationer. The Defendant is Proprietor of this Paper. - This was an at - lion brought for the recovery of the sum of 71. los. for - a quantity of stamps bought in February last by a person of the name of Betwick, forinerly the Pub. lisher :of this Paper. The Defendant's case iitras, that Beswick (a per.; son who had .embezzed his Master's property to a very' large amount, and 'ran away) never was au thorized by hire to contraa any debts whatever and that, therefore, he was not answerable for any of his engagements. The Plaintiff could not shew, in a single instance, that Mr. Heriot had adopted any one of the, ads of Beswick ; the truth being, that all the Stamps which Mr. Heriot bad,aythorized to, be purchased for the use of his Paper, had been regularly had from the Stamp-Offiee it self; -he o. *n account for Stamps any where else. Lord Itbrvole observed, that ifit 'had appeared that Mr. lieriot had adopted any of ,the acts of Berwick, after he-bad any credit with any person, he would have been, liable in such an Adion as this to. such person, far, then, the a& of the servant Would be' die ate of the master. But, ic would be a great deal. too much, to say, that the as of the servant Was the a& of the' master, if the 'servant did that for which the- master gave him no autha; rify. If that were.to he the Law, any Merchant in Loudon mint be ruined in half an hour, without the possibility of preventing it. The Plaintiff was, therefore; nonsuited. COURT OF COMMON FLEAS , it7LX MORRIS CANGDALE. Thii was an AEUOn.for . Spc:Cial ;Damages, brought for defamation,' in words stated to haVe been uttered by the Defendailt; Leading to asperse the .chara6ter of the Plaintiff, and , injure him' in the consider anion' of those with whom he had dealings. By the evidence of a person of the name of Ma son,- a Stockbroker, and:at the time alluded to, one of the Committee of theiStock Exchange, it appear. ed that . the,Plaintiff 'was what he termed a Jobber, 'or. one that sought and sold Stock for time ;. that he -bought and sold his own Stock, and that the Defend i.atit was a Broker. That - on the z oth Of June, 1799, the Witness sOldloool. 5 per Cent. Stock to Morris, to be ,transferred to him on the I ith follciwing, that ion that 'day; at an early hour, 'he attended at'the :Bank Rotunda, to complete the bargain, that he -called- the Plaintiff's name several times; but with. out suCcess; afterwards meetingMr..Langdale, with Whom he, t he Witness,' was upon terms of he obseri,.ed to him, that lie had been lookintall the morning for Morris, but could. not find him. ‘ o 'Mor.' yis," replied the Defendant; he'S‘a lame duck; he is gone and will cot come herd again." Mr. Mason stated to the Court, that he had previously heard