The Sun. — London, England, 1804-01-11 00:00:00

VOLUNTEER FINES. COLCHESTER, JAN. 9. The Quarter Sessions for this Town were holden !_nis day b e f o re the Mayor, Recorder, and other Magist rates ; anti when the business of the Session's terminated, an a ;rimed hearing of a complaint pre. • ferred by Mr. GILL, the Secretary of a Volunteer Corps of Cavalry agArisr D..D. LLOYD, Esq. came On to be determiiied. This Cause, from the very Crowded appearance of the Court, aid the extreme anxiety to procure admittance, seems to have ex •oited much interest in this town and neighbourhood. The information was under the Volunteer Ad, to recover treble the amount of Fines imposed upon the Defendant for nonattendance at the drill and musters of the Corps subsequent to his having notified his 'lntention to resign, but which resignation the Corn tnanding Officer refused to accept. It appears that very serious dispoes have for some time unfortu • nately prevailed amongst tic Members of the Corps, accompanied with some ads of violence. Two or three Members were expelled the Corps, in conse. quince of which a number of Gentlemen signified their intentions to resign. The question, therefore, which the Defendant wished to bring before the Court was, whether a Yolunteer may not resign When he thinks proper ? Mr. W. JisciesoN, the Cotinsel, attended on the behalf of the Defendant, and the Prosecution was conduded by SUTTON, a Solicitor, and who is a Csrptain in the Corps. As soon as the business was called on, IVIr. GRIMwOOD,'. the Recorder, who assisted the MAYOR, stated • that lie was aware that the question of Law was ex treinely doubtful ; that Gentlemen of the first emi nence in the Profession entertained different opinions' bpoo it ; and that it could nor, therefore, be ex. pe&stl that any decision of the MAYOR'S could set • the question at lest; he therefore intimated to the Fatties, whether it would not be better to leave the ease in '•rstbe shape for the judgment of the Court of .„Anag's Bench. Mr. jescxsori, on the part of the elendant, said this was the very thing he wished "rs but suggested, that as the evidence then stood, 1 6 question could not arise, because, though reaig nktions had been talked of at former he e rings, h e ‘1 kited they ha'd not been proved ; and it would be 1 otcessary fur him, unless the Prosecutor would ad tO.t. the tad, to prove it, which he was prepared Todd. The Prosecutor refused to admit any thing, „Ot to produce tie original written resignation sent !Gale Commanding Officer of the Corps, although itrwas,provecl that a notice had been served upon ihQ parties to produce it. The Counsel for the De. fetxlant, therefore, endeavoured to spew by whet evidence, that the Captain had ackno vkdged the re teipt of the notice ; and to do this, put in a letter 'written by the direetton b .'f Captain GILL to t h e and had no t been, informed him t h at his re.. efendant, in which he . • signation was a nullity, nor would Lei accepted by him. This letter, however, upon s ekiimination, appeared to have been written since Slit first hearing of the cause; the .RECORDEK, was e of o pinion, that any evidence procured since that tim e was inadmissible, and could not be received. Loom thus tailed to make out his case : his • Ccuroel, however, pressed much for a ease. He of fered t o deposit in the hands of the MAYOR, or of any Banker in the nwn, the treble ameunt of all th(fines supposed to have been incurred by the Mena_ bets who had resigned, amounting, we believe, to allow 2 0 01. to abide the event of the decision of the Courts' at Westminster. He stated, that it ap. geared to him of the last consetrence to the interests of the Public this alarming and most awful crisis, Shit the question of Law should be speedily settled. The feelings of Volunteers ought not to be trifled with ; and be knew, that an opinion given by His Majesty's Attorney General, had created great un asiness and apprehensions in the minds of many of thetti; and he knew? 'also b that many of the most dis tinguished leawyers in Westminster-Hall, differed, in tj ornmon with himself, from that opinion. Stye ral other propositions were made by Mr. JACKSON, • teisliog to save trouble and vexation, as it appear ed 1 0 him best ; all were rejeded. SUTTON, • 110 WeVer, proposed to refer the question to the arbi tration of Colonel-ADDENBRoms, the very honour .' ablr , and diligent Inspelior of Volu nt eer s f or t h at • b lstrtet. This• proposition Mrs jisoltiorr at first a ccined willing to accede to, and the'Clerk was I ;,rliiceeding to t a ke t h e terms o f t he re f erence , - w h en 4 kr• JAtt-ort, in consequence, we beli e ve, of some ?ul.ervations made by Mr. SUTTON, refused the re ktiehce, and insisted that the Law should take its cutirse. Much t i me e l apsed in the discussion of this onisiness ; great warmth appeared occasionally on 3 0th sides; and the Court was at one time most i ntlecenrly and shamefully interrupted by a violent c hipping and shouting, at some o b servat i ons ma d e b,;‘' the Counsel for the Defendant. 'We understand that it/is the determination of the Utlendant, and some others in the same situation . with himself, to replevy, if a Warrant of Distress 61" la issue; as Mr. /so ' Kw's- pledged himself not tn hi:Csr, until th e question sh ou ld, in one way or another, b e brought before the Court of King's ittnn. The following mark of Royal favour has been tqnlerred on the Regiments of Militia belonging !ti the County Palatine of Lancaster. The follow iB 4 corred Copy of the Royal Grant : 2.Izr.D . LESEX SESSIOI7.S. HICKS's MALI., Tuzsi),:., TAR. ie. (COPY.) • 17,IteiNc has thi s Windsor, Dec. 26, 1803. • mo r i Note, accompanied vs th n e ng letter iv from M the r.Secretary Earl of R DEBY, receed YoRKE's inclosini; the application of the Colonels of the ReOnents of Lancashire Militia, that they may be allowed in future to : • bear in the Colours of their respective Regiments the Red Rose, the ancient badge of the County Palatine. The z.:41 shewn by this Corps, and the uniform peisonal attachmeu# of that County to the KING's Pas" , makes biro most willingly consent to this distinCtion, which they most fully deserve. (Signed) GEORGE R. nr.nOas Scott was indiaed for wilful' and corrupt perjury, in swearing that Edward B. Kannah and Charles M'Gregor, on the 6th of July last, robbed hiM..That M'Gregor . pinioned him, and heid him fast, while Edw. B. Kannah took out of his pocket . , a receipt eicknowledgment for too guineas and a tot. Bank of England Note, his property—which he swore before HENRY JAMES PYE, E,q. who committed both these persons for the felony ; but eleven days afterwards admitted them. to bail, the Prosecutor not appearing. Mr. BARRY opened the pleadings, and Mr. Gott- Na s tbe case in a very able speech. The crime of which the Defendant stood charged, was the blackest that was to be found in the black catalogue of human crimes. It was murder, compared - to which murder by steel or poison was humane, for it was an attempt to murder two human beings under the colour of Law and in the sacred name of Justice, by Falsely accusing them off - a crime to take away their lives,' and at the same time to consign their char rafters to infamy. The Learned Gentleman then recited the circumstances of the case as they ap peared in evidence, and concluded with encpressing his confidence that the verdid of the Jury would O e oreaothe virtuous part of the community in their properiy, their lives, and what was still dearer, their charaaers, from the foul attacks of the most aha - tidoned and profligate persons in human society, - .The substance- of the whole cast, which lasted tine -whole day, will appear in the evidence of the Prosecutor. Edward - Bennington Kannah, being sworn, gave his evidence a follows :—" I am by profession an Officer in the Army, and was lately in - . the_ Prince of Wales's Regiment. I have been an Ensign, Lieutenant, and Captain. The Prisoner, Scott, was introduced to me in the beginning of the month of April, or latter end of March last : he was recom - mended to me by a friend of mine. In consequence of what passed between my friend and me, who requested me to use my influence to• get Scott a commission in the Army, I used my endeavours for hiM. I advanced sot. out '-of- my own pocket to Austin and Co. Army Brokers, to procure a -corn mission for Scott. This was on .the 6th of April;-, and was for the purpose of procuring Scott a com- , mission, and as payment for their trouble. From the ciiaraEter which my friend gave of Scott, I was induced to do every thing in my power for him. Scott came to me nn that Bth of April, and informed use that he had deposited too guineas atCoults' the Banker's. I went with him to Coutts's bank ing -house, and found there that the lop guineas had been deposited both in his name and mine : it was in our joint names: Lie and I signed- a check to draw she money out, after being told , by the Clerk that that was the ;roper ,course for us, upon our applying to him. That being done, Scott. put. into my hand 551. to reimburse me, and the other Sol. was _put in in his name at Coutts's. I gave him an acknowledgment afterwards at the British Coffee-house, and he gave me an acknowledgment for the other Sol. I have 'llia acknowledgment here. To avoid the expence of a receipt he gave it to me in a letter. On the 23d of June, Scent made application to me for 221., he said, he wanted to bor. row 221. to pay a very pressing creditor. I had not , so much cash in the house, hut bid hiM call two clays afterwards, saying, I would get it for hirn.._ When he cdlittl, I lent him an acceptance of Messrs. Ogil vies', my Agents. I gave it him to get it discount ed, for I wanted it discounted myself. He was to have it discounted, and to take 221. and to let me have ! he balance. It was a Draft of Messrs. fro Oadlyies'for 721. He was to have brought me - the c h a nge after he had taken 221. ; but he did not re turn to me until the following day, which was the 27th. I expeded him on the Saturday. He told me he would have it discounted immediately. He cattle back to me again on the b, saying, that I had omitted to indorse the Draft or Bill—then I• indorsed it, and he told me that a person was wait ing for the bill, with the money ready—he would bring it back. lie did not .return ; I waited the whole of the day. The next day I. met, him by chance in - Cockspur-street. I live in Great Smith_ street. He was walking with a Lady. I was go. ing to accost him—but he came up to the and said, w h a t you wish is inclosed at your house. I took it for granted it was the money ; but I' found a let ter instead of the change. I met bins in the street again on the next day, nearly opposite to the Horse Guards. I asked him what had kept him away I He said some business.. I requested that he would give me an acknowledgment for :he 701. Bill, which he had not done before. He told me he would bring it to me the next morning. I requested that he would give it me then. He told me he was going to a Gentleman and could not, but would return in the evening. I wished to-go with him to that Gen. demo, that he might give me the acknowledgment, a's I had . reason to doubt him ; he would not let me go with him, saying it was on a private. business. 1 requested him to go with me to the Salopian Coffee. house and to give me an acknowledgment, which he would not. I told him that I would not part with him without an acknowledgment, and then I ex pressed my suspicions of him. He then walked with me through the Park ; when he found that I stuck to hip, he acknowledged to me that he had received the cash for my hill, but that the person to whom he was to pay the 221. was id—a Lawyer who had.charged- him 4.51. instead of 221. and had stopped the 451. out of the hill instead of the 221. and that was the reason why he had not come to me sooner, nor did he intend to come to me Until he should receive his half year's rent, which was' 6001. for that he had t zoo'. per annum, an in turn for my civility, he made me an offer to lend The unparalleled colleaion ofplards from Cayenne, me sool. or 6001. to obi ige me. I declined his amounting to above 15,000, s considerable On of off'et, and said that I did not go beyond my means. which are new to the English Botanists, have been t Then he went home with me to my house in Great Purchased by Mr. Earox, for His ;Majesty's Garden. y Smith-street, Westminster, No. 1 2. I have wily a at Kew. lodging there. lie then proceeded to give me an From an accurate calculation, it appears that the acknowledgment for the 701. bill. He wrote what (dry days i n / SO3 were, in the neighbourhood of I did not think proper. - I pointed out to him what Norwich, as follow :—ln January 18, February 18, I thought the proper acknowledgment. The ac- March 20, 13, May 13, June ao, July 20, knowndgment being read, was in s ub s t an ce this August 20, September 18, ()Eloise( .15, November " I have received Mr. Ogilvie's bill, which I have 1 1 ,3 and Decemb:r 5 ; a total of 183. got discounted, an d will return the same to you, &c: ? '9e I • 's " • DitC3 19 , 11 jung• then expl‘,es;;eu n'ay 'cobtern it happened so . , as I wanted part of. the money for nay self. He ,seemed to feel tato for the disappoiattnent. HN said, " I sim very siti'ey for yon, but if zol. would yoet serie:lte may have it." t told hirn'it and he then said, I will giVe you the re [Daintier on the 6th of July, and then repeated his o ff ar of lending use money, which I again declined. He put his hand into his pocket, trom which he drew a tog. Bank note, and then recolleded that he had no more, but said that he would return with the other to). and make up the zol. the next day. He laid the tot. on the table after the acknowledgment, which he gave for the 701. I never took it. Mrs. Karma's, I suppose, took. it up afterwards. I had some business out, and went out with Mr. Scott. He did not call again the next day ; but on the Ist trf jai!yr he called on me. He took me to the win. dow, and said, you omitted giving me an ac knowledgment for the rol. I gave you. I sat down to write burn the acknowledgment. He wanted to dilate, it to me. I wrote the acknowledgment. • He objeaed to the form of it while I was writing it ; I lead it and gave it to him : he said, " you will recoiled you have ion. of Mine."—" And do yoU recoiled also that I nave given you an acknow. ledgment for it," said I. He said, " it was not good, because it was nor on a stamp ;" to which I replied, " neither is ytiur acknowledgment for the 701. bill- upon a stamp." He then made a number • of objections, to which I said, " I will tell you what, Mr. Scott, you have broke through the mask, and you - have given me an opinion of what you are —Now do you deduct the 551. I have received from you, and give me the balance, and I will give up your acknowledgment, and you shall give up mine to me." —I said, I wished to have the el. which was due to, me upon the balance, for I had given him credit for the tot. making 651. out of the 701. and I wished to see him no more.—He •got into a great pasSion, took the acknowledgment which I had signed, and asked if I doubted that he was a Gentleman. I desired him to rale& on what I had said, to return me- the balance of the money and the acknowledg ment, and that afterwards I should never wish to see him again, that to recommend him as a Gentle man I could not, and that therefore he should look for nothing through me. He gut into a great rage, saying, that he was, a Gentleman, related to the Duke of Portland, son to Sir J. Scott, and married to the Sister of Major Craw ford.- 7 I thought that he wouid have called me out, being of such high blood and family.---LI never left my seat, but [a-crested that he would walk down stairs. He would not. I told him, if he would not, I should be under the unpleasant necessity of insist ing 00 it. I got up, and Mrs. Kannah requested me not to touch hihs. I walked to the door, arol shewed !sins the way down stairs. He said he would take the Law of tne if I wool(' touch hint. I only pushed his elbow, and then saw him down stairs out at the door. When he pot he. spoke to Mrs. Yep. pel, who keeps the house. .He then went out. No person was at the door but Mrs. Keppel. The man, Charles M'Gregor, adedots my servant, he - waS not in the room during any part of this conversation between Scott and mySelf. Charles M'Gregor did not pinion Scott whilst took a receipt for too guineas out of his pocket. NO other person came into the room than Scott himself, during the-whole time he was there. Most undoubtedly I never took out of Scott's pocket any acknowledgment or receipt for too guineas, nor a tot. bank note, nor any thing whatever. He never came after that to my hrause—l never touched him but by his el bowl. to desire him to go.out of my lodgings. I heard afterwards there was a Writ oat at his'suit against me for 091. to which . I . put in Bail, but I was oot arrested. That adion hag not been follow. ed up by him. On the 16;11 of July two Officers of the Queen -square Police came to my house with a warrant to apprehend me. I went to Queen-square and Charles M'Gregor with me. Scott appeared at the Office, and there he accused me of totaling the tot; fink Note and au Acknowledgment for 100 guineas; upon which I was . committed td priains, and was. for eleven days confined With a chain Upon my leg—it was before Mr. Pye.—Upon the accts. cation being made against me, I pointed ont M'Gregor _as a Witness for me, and then Scott charged him, and said the servant was the man who was concerned in the robbery, upon which we were committed, but eleven days afterwards Scott not appearing before the JVl,lgi s traiei.l was admitted to B a il. I was afterwards triedrat the Old Bailey and acquitted.—Scott, my accuser,. had notice- that 1 should take my trial,, but he.didnot appear. The Witne6i then underwent a long eross-e.xg in ination, but no fait material, to the issue occurred in it. The wife of the frosecutor corroborated every materi3l rad that mas related - to • have past in con versation between Scott and her husband, the Pro- secutor. Mrs. Keppel proved that there was no scuffle be tween the Prosecutor and Scott, in the room when they were there on the 61 of July.; if there had she must have heard it, for her parlour was direaly on. der the room where they were, and she could even hear a lbud voice. The Servant of Mrs. Keppel proved, it was im possible that M'Gregor, the Prosecutor's Servant, should have been in the room with -his Master and the Prisoner Scott, for M'Gregor was.never•once out of the kitchen while Scott was in the house.— This she swore positively. • There was no evidence on the part of the Pd. souer, but Mr.• ALLEY addrest . ed the Jury in a Spgch of considerable length. Mr. MAINVARING, 11,1 C Chairman, pointed out tht,single question which the Jury had to try, and Which could he stated in three words---namely, • Whether M'Gregor pinioned .Scott, and kannah took by force out of his pocket, either a receipt or 'acknowledgment for zoo guineas, and a 101. note; or either of them, on the 6th of July last, for that was the suhsrance of. the charge he had made against Mr. Kannah and M'Gregor, and on which this per jury was assigned--It they believed the Evidence the Case was made out, and they would find the Prisoner guilty ; if they thought that he was , rob bed, as he had sworn he was, then they would find not Guilty,—The Jury found him Guilt]. 0311IZ F ,E,Tr; IN addition to Our fattier mention of this ka . 7 'circle, we have to add ihe following, who rept..4 rented charafters at the Nilaseluerade. Lord jkihn Russell, a very beautiful 2ower Girl, selling to lovers, with much glee. Lord Oisury, and his two elegant daughters, as Slaves: Lady Lloyd, in an old English die - ss Of the 15tli century, black with an embroidered rich petticoat, stiff body, laced with gold, purple gauze flowered Vandyke handkerchief, a plaited cuff extending to the shoulder, and a black silk hat, with a-high crown evending hey,nd that, richly ornamented with dia nionds, and two high black feathers tied up with a knot of diain,rids also.' This dress Was much admir ed, and allowed - to be as good a mask as any in the room. A grotip of very elegant Spanish dresses, by the Dutehess of Manchester, Mrs. Whitbread, Sir M O Burgoyne and LAy, Miss. Barnetts, Miss Hones, Lady Crow and two Misses, Lady Lloyd, Mr. and Mrs. Dickenson and Miss Dickenson; Lord 'Kerr; Hon. Mr. Bennett, and Lord Tavistoclt. • Mrs. Sheridan and Mrs. Whitman appeared as two Gipsies. . . , Mrs. Dickenson; a silk domino—Mr. Dickenson a Tierk, elegant dress---Miss 'Dickenson, a Suit:lna,' white and silver; and silver ttirhan, diamond ear. rings and cross, very elegant. and particularly be, coming a young . Lady a good shape. Miss lialitaic represented, N;ght; black gauze with silver stars. C.►pr. White, a Scotch Reerait, in a plaid bmmei and feathers, and coloured cockade—true Scotch d ia lea, with some excellent reels. An eXceiienr yew, never tired of bidding for old clothes while he could get any thing by it. .Mr. Cartwright, a Counsellor at the Bar, real brief in his pocket, indicting the Datches . s for a riotous assernbly, and disturbing the peaCe of the parishpro3e and verse, i%ith touch hinnour. Mrs. Cartwright, a neat (h, maker, with a rake. A very bearttifd qvamast, but plainly discovered to be of the other A bold talking Girl, dancing reels, of the s: me seNder. A Fiddler and his U" f'. CORN EXCHANGE, JAN. THERF IS hut little freo . l Wheat arrived tO.d:ty ; that of fet.'tes rather bettor price the supply of .Barley. is short,'arid chat is alao a trifle dearer ; 13:aris anti Pease of !Icith doseriptions are at little difference ; we have large arEivals of o.lt. froth the North CoUnity, with some lis,,reigo Car goes, and the Secs are noted rather at less ; our is plentiful, .and tatill is sold at less than the top price. wheat ;&s a 445 a 54s ed rine ditto 55.6 a 57s ad Rye - -26 S a 315 ed Barley a 25s'o(i Lick Beans - 3 ts•a• 35s cal ( )11$ - ' Ss a 2.1 S a 2'S od. , • , 1 l'otanci ditto z. , ,s a 23s oj: Bapt:Seed ;Si a 3 %1 Fine Fio Ur - 45's a 5,S oCI I Seconds - dos a 43s oci • Malt - - White Pease Beans - sts a 57s 61 4 1 s a 4cs C't 34s a 39s c.(i • Yesterday the S:n.sions coal:re:ice:l at Gai ,before the - Ikeeqpig t r ,14 - 47;Vd . Mna ti LE MEs a in the Chair. .Co . nsi;ierab.le time was taken no in swearing:in.Constables and the Gr.ii:d Jury. Ak' riety 9f petty, assaults then came bdure the Courr t , none of which were interesting. The Court ;hen adjourned till Monday sennight. PUB L C-OFF C E BOW-ST F FT. —Yesterday Leonard White, a .very ()la 611.:;:der, was hrs.uglic before the Sitting Magistrate, on suspicion of Ewing concerned in breaking into the Ve,(iy-rwim of the Parish of St. George, Hanover-square, aril steal_ ing the communion-plate; and also in breaking open the dwelling-house of G. S. Wr GG, at AQon, from whence money, plate, and oti,er valuables, to a consid,.rable amount," were stolen.. Committed fur re-examinat ion.—A man, of the nano Of Martin, was brought in custody from Aclon, where he had been apprehended the preceding right laying in a one-horse-carc, with the horse'b head tied to a hedge. There 'is reason to believe that the Piisoner,'and two of his accomplices, were wait. ing, there to rot) the waggons, as some were attempted on the same road , on the evening the Prisoner was secured. The cart was drivep away by two men, .whp, tticklz the advantage of its being left by itself. The Prisoner was or dered for further examination.—Two young women, of the names of Lamb and Brown, were fully cons_ . mitted for trial, on a charge of stealing a, quantity of linen and wearing appatel, the proi-ierty of Eli zabeth Price. • PUBLIC-OFFICE,HATTON7.GARDE N.—On Mon- dar evening the sale shop of !Mr. William Pii g e, salesman, I,iquorpond-Strvt, was atreMPted to be robbet) about six o'clockin the evening, by a gang of disorderly villains, who broke several panes ut glass, frtiat whence they drew one watch 'and three pair 'of spe6tacles, which were dropt in the passage, in .. consequence o a f 'an alarm. 'Five of the men made' their escape, but by a general alai - M. - being. given at the Office, Hancock and Wood went in various (11.: refflons, when they fouril one of the. crew With his hand bloody ; and, on seatching his p,,eket, ionnd a leather gltive in it, with a cut in ir, and the length of the cut of the finger of the glove exadly mea sured with the length of the wound of his hand. This was further explained on the - testimony of a boy going along Chancery lane, when he ryas accost ed by a gang of young men to the number of six,— They did not offer to molest him ; but judging from their behaviour that they were improper persons, he followed them unobserved •through sever.,l streets and winding4, - and. spike_ very corred i ly before the Magistrates. The Pristit,er, - who is the son ora respeCtable tradesman in the City, was committed Ifor re-examination. Yesterday a 'battle was fotiht in Hyde Park, between two .Irish • Bricklayers, ,Whose names ar e •Flarly and Ill'llherson. The combatants set to for the purpose of deciding an old grudge, and some desperate blows passed un both sides. After a severe fight of forty minutes, • they, being both blind, agreed .to relinquish the present • contest, and to renew it again when they shall be recovered from the fatigues of it. - a l k