The Sun. — London, England, 1804-05-09 00:00:00

LAW REPORT. COURT OF KING's BENCH, MAY j. THE RING 'V. ADKAHAM ERCAS. The Delvidaia, who was conv:cie.i of libelling a Mrs. Motitt:fi in, to whose daughter he is married, was this day brought up to receive judgment. It clearly appeared that this calumniated Cody is a very resreftable character. Judge GROSR expatiated on the many circumstances of aggravation relating to the Defendant's cnndud, and after.a very impressive reprimand, pronounced the sentence of the Court— Six months imprisonment, and to find bail for his good behav;out to the amount of 25 - pl. each by two sureties, besides the Defendant's own recognizance for fool. BESWICK Mi. CROMWELL. This was an adion for ati assault and false im prisonment. Mr. GARROW sated the Plaintiff's case; and the following facts were Froved by the witnesses on both sides:--Beswick, who is a breeches-maker, was at a public house at H.iminersmith, on the night of the 3d of December last. He fell asleep in the taproom, and when he awoke he perceived that he had lost his pocket handkerchief; a person who had been in the room before he fell asleep had departed, and probab;y had taken it, but Beswick seeing the ( - Defendant (a wealthy brewer) whom he did not know, asked if he had taken it, put his hand into his pockets, and took a handkerchief out, but perceiving it was not the one lie lost, he declarid so, and re. turned it. For this ad alone the Defendant charged him with a felony, had him committed to the cage in Hammersmith, and taken before a Justice of Peace there, who sent him a prisoner to Bow-street, on the stl► of the month, when Sir Richard Ford, on hearing the particulars of the transadion, berated him. Mr. ERSKINE could not justify this conduit of the Defendant, but he spoke in mitigation, to diminish the amount of damages. Mr. GAmtow, in reply, considered the case as very serious and important. It was a gross infrac tion of the liberty of a fellow subjed, wantonly com mitted by a purse-proud mats, without any provoca tion. It was not an at of momentary irritability. He sported with the feelings and liberty of the Plaintiff: lie pushed him into the cage, saying, he would give him a cooler, and left him confined from the 3d to the sth of December, away from his family and friends, in a wretched hole, on some straw, to enjoy the /axial of than inclement season. The jury found for the Plaintiff, 1501. damages. BARTON .v. HONE. A Rule had been obtained by Mr. MARRYAT, to chew cause why the trial should not be postponed, oil an 'Affidavit that Joseph Mayne, of Bow-lane, Cheapside, cotton-spinner, who was a material wit ness, was out of town, and that the Defendant could not leatn when he would return, but he understood that he, was gone to a country place to take orders it, the way of business. Mr. GARROW now slimed cause against thi , t Rule, and, he said, it was the most impudent ap plication that ever was made in a Court of Justice. Ile had heard the King's Bench Prison described in various ways, and under numerous significant ap. pellations, but he never before had heard it distin guiAed :Iva country place to take orders in. This Joseph Mayne was now a Prisoner in that country place, on a contempt for the nonperformance of an award, in the cause of Lewin v. Mayne, and this Prisoner is one of the bail to the present atlion, and had pre!,-umed to justify, in open Court. Mr. MARRYAT said, that the Affidavit of his cli ent, notwithstanding these circumstances, might have•been sworn bona fide. If a person were un fortunately in the prison of the Court, it was the commonest reply in the world, that he was gone out of town, and such was the answer probably receiv ed at the house of Mr.-Mayne on this occasion.— Rale discharged with costs. BOWEN V. KENNINGTON. An anion had been commenced against the ne fendant, who is Keeper of the Angel Inn, at Ed. monton, for permitting musk, dancing, and other amusements in his house, without being duly li. censed. Mr. GARROW shewed cause against a Rule ob. tained by Mr. GIB as, on the ground, that a suita ble notice had not been served at the Defendant's house. The Learned Counsel produced an.affidavit to spew, that it was left by Mr. William Jackson, with a servant very aaive in the business, called Nanny, whose surname was withheld, and Who had probably kept out of the way 0 avoid interroga cries. Mr. GI ins, in support of the Rule, said, that the whole seemed to be a contrivance, in order to snap a judgment, the Plaintiff knowing he could produce no evidence. In order to' give the Plaintiff further time for in quiries respetling Nanny, the Rule was enlarged. TUESDAY, MAY 3. BOLTON V: CLAPTON. Tats was an anion on a Policy of Ins - Jr:ince, tried at Guildhall before the Lord CHIEF jusTrc E, and the Verdict was to depend upon a• special case, re-, served for the consideration of the Court. It was on a 811ip which was warranted to be a Dane ;. she wa3 sailing in tZle Eastern Seas to the Port of her, destination, and was taken by a French Privateer into a prt of that Nation,' and. condemned by the Foreign Court of Adtniralty, as a good and' lawful prize. The question for the consideration of the Court was, Whether under the warranty of neutra lity, the Underwriters could be liable,, as the con "cletrination of the Court seemed to decide, that this was a hostile, -and not a - neutral ship - ? JEiolitios, for the Defendant, contended, that ex parte decrees thus given, are not conclu sive against the Underwriters ; and, in support of ehis, he inquired within what limitation •he rule is circumscribed, which constitutes the boundary, with in which Foreign Courts are respeded in our own. NIG G. CAss I Ns, on the other side, argued, that the sentence of Foreign Civil Courts could not be resisted in a British Court of Common 1.9 w, a nd' that whether they assigned the reasons for their de crees, or merely stated the result of the decree itself, it has always been respeaed in our Courts of Com mon Law.—Judgment deferred. APPLETON V. PEAKES. This came before the Court on a demurrer. It was a case in which Ti.rd Viscount Rokehy had re ceived the sum of 60031- for a certain freehold, and he had covenanted to mike the suitable conveyances to the Defendant. The question was, as this deed was made by an Agent, Lord Rokeby signing in that charaaer as well as in that of a principal, whe ther the deed was' valid ? Mr. JAcKsoN was contending for its nullity, when he was interrupted by Lord ELLENBOROUGH.—" He cannot covenant for another, but he may for himself ; so far there, fore as the deed affects Lord Rokeby, it is good. If I engage with you that a certain person should go to Rome, I cannot oblige the man to take the journey, but I am obliged to be responsible for the consequences of his refusal."—Judgment for the Plaintiff. HENsHALL eV. ROBERTS AND OTHERS. This was a Writ of Error from the Common tins, where judgment went by default. The question arose on the form of the pleading, the Defendants having been named in their individual, as well as in their executorial charader. Mr. JE RY 1 s, from a variety of cases, contended, that as iu the former charafter they were liable to costs, and in the latter they were not so liable, it was a substantial objedion to the declaration, that they were considered in this double charafter. Mr. BOSANQU ET, on the contrary, argued, that this being not a special demurrer, under which all matters of form my he taken advantage of, any mistake in point of mere form is, under a Writ of Error, curable. Lord ELL EV8012,01/t14." This is not a formal, but a substantial. objtttion. The plea and the judgment, I think, the true test. If, however, you take the ground of surprize, and you think thte rm_ trary position tenable, you 'may re-consider it."— Judginent Nisi upon the Writ of Error. JOHN SMITH. Mr. GARRow applied for a Certiorari to remove a Conviction in the County of Leicester. This per son had been discovered in a wood, with a gun, imd a dog ; his dog had been shot, he had heen himself beaten, and under the filth of Geo. 11. hews con victed as a rogue and vagabond. So far the Learned Counsel made no complaint; but the Magistrates had done more, they had treated him as an incor rigible rogue, and under the 39th and 4oth Geo. 111. c. so, they had sent him to the Bridewell atfLei cester for six months, had ordered him to be whip ped in that interval, and afterwards to he slog into the service of Maje!ty. In this re:,peCt thry had exceeded their authority, and under these cit:cum stances redress was sought from the superior twurt. Rule to shew cause granted. WILSON AND OTHERS V. CRENYILLR. This case, so interesting to all who are in the ha bit of buying and selling Siock, was this day argued by Mr. GAR ROW and Mr. 'WALKER on one side, and by M. ERMINE and Mr. Gls as on the other. The AClion had been brought by the Plaintiffs to recover the damages they sustained by the Defen dant's not accepting a transfer of Stock sold to him on the sth of May, 1803. On the trial of the cause before Lora ELLENBoRoUGH, at Guildhall, it ap peared by the evidence of the Broker, that he sold Stock to the amount of 10,0001. on the said sth of May, for Mr. Wilson—soool. worth to a Mr. 'Webster—and 50001. to the Defendant. it also appeared that Mr. Wilson had on that day Stock to the amount of only 76501. in his own name ; and the Statute of the 7th of Geo. H. against Stock jobbing, enaas, that all Sales of Stock, whereof the seller is not possessed at the time, shall be void, and the seller liable to a penalty of 5001. For this ap parent deficiency the Plaintiffs had been . non-suited at Guildhall. But it appearing Since, that there was ground for supposing (though sufficient proof was not adduced on the trial to make the matter suffici ently clear) that Mr. Wilson was Trustee for Messrs. Agasis and Humbert, the other Plaintiff's, and that the three had at the time of the sale been possessed of Stock to the amount of 17,0001. the Court will grant a new trial, as soon as au Affidavit should be putin as to . the fat of Mr. Wilson's log been a Trustee on the occasion. ST. DOMINGO. (Concluded iron our Payer of Yesterday.) NoVEMBFR 10. The ship by which I have sent my letter (the duplicate whereof is- the foregoing), has remained for five days with the English before our harbour, and since has disappeared. It is not known where she went to. COLLETTE, who sailed the day before with the whole of his Suite, composed of eighteen servants, his housekeeper, and two children, after having been detained for two days by the English, received orders to return to the Cape, the English not allowing any one to get out,.or enter the Cape. The vessel in which COLLETTE was, immediately on her arrival, received orders to proceed again to sea, and went through the passage of Caracole. The Eflglish are extremely irritated against our General, for not allowing the Brig that carried the sick to land them, and for not complying with their proposal of exchanging twelve sailors made pri soners on the keys of Caracole, where an English Barge had been wrecked. There exists an animosity between the Chiefs of the two Nations, and the poor inhabitants a:e the victims of it. For several days past the Treasury has given receipts or bills, to make good the forced Loan of 800,000 livres, and alt at once the delivery of these papers has ceased ; so that those who have not been forward in taking out their receipts or bills, have nothing else to stew than the receipt of the Treasurer. I have had bills for 3000 dollars, to which sum the tax of our house had been reduced, and have passed them to those of whom we had funds in hand, and who were waiting for a favourable op portunity to draw them back. I must suppose that those papers will be paid in preference to any others, they being in fad marked with the blood of the Inhabitants of the Cape. A Schooner has arrived from St. Jago de Cuba, and has escaped the vigilance of the English. She brings dispatches from General IA VALETTE, who has evacuated POrt au Prince, and is at present at Cuba, with 2000 men, troops who, it is said, will .not return to St. Domingo. lam thinking that, if I was once out of it, one would be very.cunning to get me to come back, especially as long as the de. plorable situation it is at present in shall last. I do not know indeed what will become of us, under a Chief who does not know any other law -than the one dictated by his own impetuosity and fanaticism ; surrounded by a string of adulators, none of whom have the spirit of making the least observation with resped to his condud. We hoped at one time that the Colonial Prefea, a reasonable man, would have had some influence upon him ; hut he wag forced to leave the place: he is the bearer of this packet. We must expel the worst. The English told some of the Crew on board COLLETTE'S Vessel, that they understood twelve Ships had been at Toulon, and concluded thereby that a Spanish War was at hand; that in that case they could.not remain constantly off the Cape, a,V they had done since the month of July ; that they would be assisted by the five ships that are at Ja maica, and would force the entrance of the Cape, to make zn end of it. Indeed we arc so tired of the situation we are in at present, that we should be inclined to meet the end, let the catastrophe be what it would. COURT OF EXCHEQUER. Mr. D AUNCEY applied to the COurt for a Rule to shew eause why the proceedings against a molester at Brentford, who had been convicted of certain' penalties to a large amount, should not be quashed. By the affidavit of Samuel Rashfield, a Col leftor of Excise, it appeared that the maltsrer had begun to make a considerable quantity of malt, without haVing the necessary licence, and bad re moved near 8000 quarters off his premises, the whole of which _had been seized. As the ground of the application, it was stated, that the Exciseman's affidavit had misrepresented the quantity of malt re moved, also that the inaltster had begun to make the malt under a mistake. The Court were therefore called upon to restrain, by their jurisdiaion, the proceedings between the parties. The Court considered the Motion such a one as had never been made before in that Court, and at. quiesced in not granting a Rule. P O LICE-OFFICE, MARLBOROUGH :STIt EET.— Monday a proprietor of a large farm near Erlit•id was brought to this Office, on, a ch arge o f haying wounded another farmer, a neighbour of his, pitchfork ; and upon a. due examination of the Case, the Magistrate' ordered him to find bail to appear at the next Session.' LONDonprinr_.d by EUCIIANAN IVI`MILLAN, (ut liow-Street , Covent-Card lii: " 4 . 1 Pu hli shcd by Wit, .;,A 4 A R M I . %R SCR I rrt, (ul South M u ltnn_s: N ct, Giusvetior-syturo; Orritri tur the Pap er , L etter , tor the Editor, &c. (pm-paid), must be acititemied. At the Surr.OFElcs i No. z , Strand; where 41dverttsements, NOVEMBER .16. The above you will find are copies of my preced ing letters, the contents whereof are not very re joicing; the last, which ends on the loth Novem. ber, has been recommended to the care of Mr. MAGNYTOT, the Colonial Prefel, dismissed by the General, for reasons that will be soon known to the public, and which he has entrusted me with, but would not be prudent to publish as yet. Dur ing the few days that preceded his embarking, trouble of all kind has been given him, and he has undergone insults that denote the man who coma mands, and those that are about him. He is pretty sure that he. shall get to Jamaica, and obtain there a flag of truce that will carry him to France. In that case he will keep my packet for Mr.—, and will forward it to you in France ; but if he goes straight to America, he will send it to Mr. —. Since the short period of my last, scarcity of provisions has made itself felt ; no more meat in the market—the bakers destitute of flour-and a great.many cannot get bread. Under these circum stances, --- and self have thought proper to 4ispose of some hogsheads of biscuits, of the Jere. mie. We began the sale at the moderate price of twenty-four dollars per cwt. and have sold by re tail eight hogsheads, by the 25, so, and too. But tha.xe. wes nor a sofliciency to satisfy every one that apVied ; we could have sold too hogsheads at double e the price. Some blessed us for having saved them; others blamed us for nor •supplying them alsci:.but it is a hard matter to satisfy every body. Government has taken -possession of the ships the :la= and the Hardy, of yotir port, to make bat. .teries of, in those place'S - which are uncovered. Those vessels are valued to account, as I suppose, for thetas to the owners. It was; said the 7errinie would be required for the same purpose, but have had no intelligence from the Directory on the sub jeEf. In the most certain persuasion that the catastrophe is at hand, that the English will'make themselves masters of the port, in which case all that fl ats will be their prey, I have landed all the sails, and will store all that Temains on hoard ; so that if tilt: English or French take the Ship, they may have it, and nothing with it. The bad sustenance has shewn efreas already ; • and young are both kick, and I feel myself very much indispostAi. The times ire very favourable for keeping diet, and that is the re. medy lam going to make use of. Two men of the 3eremie ate also dangerously ill. Refieftions have no small influenu on the minds of those people. We, are not far from the conclusion.-Fare- SCOTL AND. EDINBURGH, MAY 3. Ecli o " YESTRRDAY the First Regiment of ROYa. - , 1 1 burgh Volunteers, in full marching order, W e rt inspeeled on Bruntsfield Links, by Lieut.-C°10.6, WIGHT, Inspecting Field Officer of this Dist li n , who expressed great satisfaaion at the military ai pearance of that fine Regiment. Tuesday the first division of the tst Sutherll4 Volunteers marched from Linlithgow homeward's? Early on Saturday morning last week , the eni bankment of the Canal near Kintore gave way, st the water rushed into the town with the uttOef violence. Many of the inhabitants in the 1 0 : 1 0 1 end were in great danger and distress, and vi o f much difficulty saved from drowning. Son ic • them were got out et the back windows of die:, houses and two fatnilie9, in low thatched cotrageei were rescued by opening the roofs. The 0( was four feet deep in some of the dvvelling_housessot The foundation stone of a new Town House , • Inverury was laid last week, with the usual cierro monies. The Lodge- of St. Anthony assembles.o the Hall, from whence they walked in p roses I>e to the place where the new tOwn.house is tf icr built. After the ceremony the Lodge and the l'ro, gistrates dined together, when a number o f a l l prime toasts were given, and the evening was 51 with the utmost cordiality and harmony. . CIRCUIT INTELLIGENCE. - INVERNESS, MAY Z. WI r e The Circuit Court or Justiciary was °pe at yesterday by the Right Hun. Lord Attr.tADA l 'o. Elizabeth or Reit) , Camerca, widow of tbea of ceased George Adam, writer in Thurso, accuse t he murder, Wit 3 brought to the bar ; b ut owing to het absence of a material witness, the diet agdiu st o , was deserted pro et texpre, and she we li c' • nutted to priso upon a nev: warrant. . • the There being n no w her business to corm bliu — Court, this cods the North Circuit. 7tiVI.RAIIY, MAY 2. ' er° , lj The Circuit Court of Justicia;) , was open''' -, • On the 30th 1:.1t. by the Right ,Hun. Lord C" I c;• Duncan Arthur was bruog t to t h e bar. 6' e eased of murder. A material witnes, [nid not e c , c , up, and no legal excuse being made for her i'b serl ip:'. the fine for not answering to the citation w° s ji fijaed upon her. The Advocate Deoute that this was a case of great, intpurtanc, irivlc'l,,s a charge of a very aggravated pature, thit i t his duty, on a cc o unt of the absence at the 010 he mentioned witness, to mve the Court to deFer t o , l pr diet pr 9 Lco et tempore, in order that the trial °ghat proceed at another time, with all the evidence that could be obtained ; and he further stated, 1113 !bie would be brought forward again with all V°Q l O ,3 dispatch. In respect of the said motion, :•'-ito• CRAIG deserted the diet of said inditinent pr,,° 3fit Tg et import? ; reserving it tn the Prosecutor tc' Y 'eut• his eithou of new. And, upon a petitiOn if, 01hur the Public Prosecutor, the said Duncan 10 ` i“. " ‘ was r;!counnisted to prison On u cew warrant. r of DCM .1 P bail was aecusea Andrew Shaw, at least of killing him by c' t Zi lv o , homicide. After concluding the proof, the`"rot cate Depute restricted the libel to the ch 3r gog.• culpable homicide. The verdict of the Jur) ! fliG all in one voice finding the libel not pro ven--- hfr' e Pannel was assoilzied, and dismissed from th e i , This trial afforded an instance of the ill cil e 'oet the use of spirituous liquors, for it was in afsAcitiol‘f which arose in a meeting of men the worse 01 that the deceased received his death's bkiW, f - tv, bf however, was not brought home as being glv— the Pannel. The diet against John Macfarlane, ace - 9 Of" assault and battery, was deserted pro loco e t rite in order that he may be tried before the Sher,;:ethe • The above is all the business that canie.Wl7' Court here. SHIP NEW 4. Orf GRAVESEND, MAY 7, ° I O e 4 1 3 f Yassed by—Liberty, Johnson, from Lubec ; Young, from Rotterdam; lenge Creka, S i nate s :, ilef Raikes, and the Louisa Arrroica,' frorin Ernbci e ";lie Sailed—the Friends, Mills, for Africa; Fiero —, for St. Vincent's; aufrolk, Moore, for ‘116,•-- Packet, Waite, for Lshon ; Einperor of Russio , . — Garnock, Sally, Robson, Fanny, —, and S fopPetersburgh ; Flora, Witkin;on, f or K e ile ; derson, Concord, Kelland, his, Brown, Reliancc eP c ~ F ;b+ son, and Caledonia, Paterson, tor bec ; for Gc.ttenburgh ; "Fraveller, Fadon Lu , and Nile, Wilson, for Stettin; Main, f °r Vrow Nona, Margarettn, Vrow Catliaritl3, • Vrow Margarctta, ter Amsterdam. , 5-(1' r o t W ei r A few days since, Lady of lon Geers `• °j et ° of Ganums, the County of Hereford, o f a o ' - • et , MARRIED i • , sig ° 1, t o , T O , On the 4th inst. John Ferrier, .E Wr iter 't -' 1 °II-' to Miss Margaret Wilson, dati :litersoTtlie late J °- ' " 0 , Es t o q a I.rida) s . Mercht in Faistev .. .Ashville, Mr. Io l ' , 3 vi dr • ane'nnight, ; i,in iffl :. daub , chant in Inverness, to Miss Clernentina C-raig,*elLies., ~ NY ter of lohn Craig, Esq. of Drimmies. 113 113° ' On the 3,th ult. at Ai thrie, Mr. ‘Villiam IP-1 ' 6 , nufaeturer there, to Miss Brown, of that place. ~a , ,t4iP to', On the 24th of Feb• nary last, at St. fienT,a, -,,...rf0x,1,1' L. Phillip,, of the Hon. Last-India Compan'Y's 51 0 Miss Mary Aim Scale, EIA' rhter c.i . Major Will.lr u . i' if ~I,i that Settlement. ~, _der a } On the sth - of September totlai, at Calcutta, Aleg?;;00 son, Esq. Merchant ther.i, Miss MaciiiiosP, cur' George MAcintosli, Lsq. ?Merchant in Glasgow. c rst' : DIED. ati i At Bath, Mrs. Bathos, relia °Nile late Poole fica -13 . Esq. of Sidtty Park, GlouLe stershire. i'f • , On Nlsmday se'wlight, at Ilis mother's house', Of street, Porturatl-squarJ, I.lltcti:tut-Colouel rlonte)'. .0 3 a Rc l ;uncnt VI Pout (..; witl4 is. i;,4 Of i v 011 likt 29th ult. at Brf..ellirl, Mrs. Smith,: rei,„, Smith, Esq., late 1' ,. 0v .,5t of BrectiM. 4- ' 3; ct.ritc to/ 1" Our t,.e Ist ult. ikoty.gt lit>swell, Esq. _; ---1 __,,./' net. ------- _ Bank Stock, FRICE OF STOCia , e 6 •i Bank L. Ann- Iv s' l Nav - . c y ) p,..r _t, 9 zi- 914. ; 92 I Bat,k Short Ana. i7i, 5 per Lent. 1797, 95 - 9 4 t i . India •;tus.: l4 .- 171 , , • Irish 5 pei v (24)4t. 63 3 Onnnunl, 4 .3.1 q, - 4 1 .„ 4 Per Cent. 72 71 ls 12 - i -, I moverial 3 per ~..t. > 3 A • OiLto Alin. al 61221 5 ........ / 3 per Ct. Con. 56k 5, 4 ,s,ist Con. fur .May,s , _____—..—,-----'"---- 1-5-07—it—I-EsTED-OAy. - J ._..---P'~ ! It 1, 1,