The Sun. — London, England, 1811-05-17 00:00:00

,~ ~- THE.' SILIDit, of qt.!) Diztiti.v. The following lines are .extra Bed frouj a Ntetip with the above We sincerely witch "the pet son whom the subjua principally concerns could be roused Into.an citation likely to toiy—" Rest, rrst, pertutbed spirit"—to the s u pernatural hero of this poem ; but after tio many °hats uCtions and delays, we fear that it- is nut in the power of the Muse to steceiet ate a measure which the strongest= motives of interest and humanity . bay hitherto fatted' to ae , catriplish. A giant form, in robes of sable hue, Stall* o'er the rugged mass, With woe oppress'd, requent stopp',l, anti frequiint smote his breast, And the great Shane of Deunt stood contest.. • Hie mien commanding, yer his atipeit deed, A lambent vapour playing round hie head, • • islajejuic, tho' grotesque the garb he wank A sceptre; form'd Canuccus-like, he bore; And thus di4 he relieve his bosom's:three,. in straills which sharp atitietion taught to flow: " Spirit of parrick, view this frielattil waste, This, the lovid scene which htte thy presence grac'd I Where mush, ittraded by thy magic fiatne, ' To' hail thy wondet-working talents came; Where, while they on or tunefut accents hung,. Aivi shoo, by tuns*, their hearts lust cheertit and wrung, The brutal grew retired, . the gloomy gay s And none went ewer indmprotied away. —The drame.then, her proudest holiours Wore, Thy walls resounding with pure classic lore,, Vat short the triumPh —soon that boast to sad! • On slight events this : trio states depend The mighty ruler of ‘iite Stage, no more, Another chief the Warna's sceptre bore -Another chief, whose early genius won' Fames highest:octet, his race but yet begun; Yet he iris, crf, whom I now complain, • Whose ardent zeal my empire Should maintain, he deserts 7 -'"Fis his neglea I, mouse—. , 14 his Ntill4anesi thus remain tortoni I" " tins the Senate held itei career, And twice twelyt niootis illum'd this nether sphere, Since that tertiric night, when wrapt lime, The grieving public Maybe the goodly Frame I)esign'd the tirst of cities to adorn, Become at o,oce a wreLk. -an apcn sown. AO can it by, chat the once Atitaly dome Meant to outtival ancient Greeve:a M liotnivo shoo 4, Inv carttplete, .beconao the prry of hre' Cc nvatted to its awn iOnereal pyre 1" tram a . /tlonituti F. indeed of rat heel) d 4 1 g ri t d a l e , we have herr, enabled to rescue the French of sccoun t , a t' eeti o tt.in the Adriatic, which had been toterlookerl boors., anti of which the ditir piStchei 1110 not even let been received in &gland, iti.ver %vim a tnore psrpiex+d 4141139,N* c.iforeti to public prat There is,.butvever, enough to teach us, and pert.opi even those to whore lt is Addressed, ttte triiim,:it of British valour on this occasion ; and the rtiefeat4 th enemy, %Stith the loss. of at least t w o of tail vessels.. The blame is Llia by M. Get; I,l,tiga, t h writer of the on tho temerity of Dottourdieu, the Colunttinkr of it French stp,u3. droll, who was kiileki in the attion, ao4 is, thetefuto, unobla to answer for himself. 4' master, like man," SAy ,, the fainiliar praver,b. recolleet, how under piecisely similar citeurnsisnces, B 4 onaparte iittocuatd Admiral Brueys of occasioning ail the mischief of the battle of the Nile, when that g4l!atit Cilittmander had fellen in the engmetnets;. TROLII THZ MObIITEUII or APRIL I I. _ 1.5131N4, Ik4 ic 04 1 4. MONsEjatigUlit —in conhequetice of the command or your !loyal Highness, 1 embarked ot, hoard the Pavourile, nt AnCOOR, MI the 1 till, in the everting. Tne division Wag under the command of C.iptainflutiourtlielt, consisting of hotr trigates and t.c, corvettes, In all six ships, two of which belong, tti the Ert!ncli, mallow. to the Italian 1131 , y. They got under with a light breeze about seven in the ceilitig; Al sun-set, on the 12th, we perceived.llir ea,ste ru point of Lissa. I proposed to Capfain Duhoordiett, that should land in Liss;:, IV . nll 300 men, whom I had on board,' in order to take a pOStann. ' however, he refused, and the division remained • the Whole night in r,ight of bud, keeping before wind. At day•break we per.. v o ned the einglish. &Won, which consiated'of eut.dawn ship of the line, carryit , g only her lower, d uc k g tt o!,aticl t liree frigates, Th.: Commodore ity-, rni-mately made the sisnal to prepari , for battle. As; , the Eapanritt salted: better than -the other. • ships . , she •. was two leagues a-head of the rest of the division., Haw - aver, at a (putter 1-asc seven, the order was.' o leo tor tnt ac-11Q11 to commence. Captain Afeil &rie avid to file: " Colonel, would it not he bettor were we to wait sin hour longer,and form our lint ?" 1 eountattiaited this observation to the Commander, ow ho.replied • " This is the happiest day of our lives: two of theps ships must he ours we have the ;Ad.. satit.tge ut two frigates over the enemy, end are.es welt iti.onted AS, he is." You''' . Royal ,Highness must ; be aware, that rift hoard this 41)4) I ware nothing ; and Ilkast I now, ior ttle first time in an edion at sit s tooth taily concur thht hrsva Ottictg ; and it is tinpossihle to describe the courage which animaied the crew, of the Favourite.' few minutes atter 8 ttit frigate had 41st within gun-shot of two of the *flashy'. ships, received their fire; and returned, it Avrith astonishing soil's!) , from both sides : the however, u hien had become very stick, entirely -slunk; and it became at • last linnet:aim. We-had • been an trout' and a quarter in 4 - and no ship of our divis on hadjomed us. • At a l o A rter past Captain. r4.4.)uurdteit 'Ma in .inev " -This is a Orions 'del l have been so niewhai too rash ; courag..., however! out'-divi sion will yet support my:" Scarce bed he spotter. these isoith, when a halli:stryarls , /Ifni 'Ashotst the taints rhos, the trigattr Florl4 . 4,asioss . .into the tine , ' said about trillium 10, ..the Coaronw,' and half an flour later the Danat elso:joiued. From this 'plain atoteitteint, yoiu *4llr/re:Avis how incur- aiderata,oot. matgelivrtii Vare. L., • , -.• -...40.1101011•10. As the Captain,,ef the fri4ate and the Licutanst.t were killed, the Osmond, according to the pradice 'in such cases, `deiroWed - ori*ae; the Midshipmak Villeneuve direded the,,manceuvres.' About haler past ten fiC10414 3 , tile ; masts uL I by the board, and 'M. Villeneuve intimated to me that hecould ndlonger steer the nesse': We*ere ing at the same time before the wind, - "dose by the of Lissa. 1° gave ortkrs to-strut= for the land, took, prissession. of several, yessejs, in which I Put My Sailors On tioard, and allowed the frigate. to escape without interruption. The Court:inn* haiiog lost all bet moos, was, after the !Mgt nAnaterei.istance, obliged to Ante!, about halt-pastr o'clock. The Donee, the Forts, awl. a cortetto i 'lln, .during the night, into Lessina. Thee English, in the utmost distress, took retro . its the Island .4 St. George, au" 11 '1' had let " lees to the Couronne ; and one of their frigates, atter being wholly dismasted, ran against the rocks of the island, and in all probability must have been dashed to pieces. rlie result of this action is, on our parts, the loss of two iiigattre; the loss on the part of the Engr hely is one Jrigate, and a cut. down ve,set. it is curtain. that if Captain Daboartiten had wish. ed to wait longer and concentrate hiss divisr.su, this do;'Would 'have been very glorious for the Ita lian daffy. 'The extraordinary zeal and abilities of this officer have achieved a two-fold victory. At all events the Italian Wit i3O have covered them selves with glory, and acquired a lame that e ill be transmitted to posterity, by •eniuging and bottling the English., vvirh.an,equal, if not inferior force, in spite of the skill and tpAcauvres. of their Com manders. 'This merit ,will neither` be. overlooked nor unrewarded by his IVlalesty. Having once en gaged ns, the' enemy found no ditference between the French and Italiary regiments; The Itah" marine had merited the same Braise; anyl it must be .to Englaud a source of much asixirty and disap; pointmeni, that the.aailors of the Aiiti.itte are not `inferior to the French &canto,. Thu division wid set sail to-morrow front Leslina for Itagusa its order to refit. .It is thelopinion of All the sealaritt people, that ' if Captain I)ubourdieu had kept his diVision toge ther, we should have got posssAiott ot r two of tilt: enemy's %hips, though the enemy - 114, two_ 'cut (lowa ships of the line. However, without , teekotaing the two' corvettes which wo 1)4t1 more than the enemy; and the advantage resulting frorn their hay . , ittg tWO reduced ships of the line, Our, frigates 1)41 each eighty men on board, which enabled them to fire- from both sides. The rashness and impetun , pity of Captain Dubourdieu lost every thing. Your itcyai - Highness' wall no doubt receive plettsure (row tbe good rondua of the seamen on this der (though a positive victory was nor obtained),. which is the mere to beoondered at, all' is the-first salon in which the Italian marine huh beco engaged, which must gain them the favnur,end apprnbmiun of his I‘ltijesty , . I have ho doubt that the French otficeks will represent to tie Miniver of Marine the dissiro guishad coura ge the Italian seamen displayed on this OCC33iori. Gran as the error wes which Captain Dubourdieu corninitted„,bis loan is much to be regferted. Niter was / otticer mow brave, or Ne.atnal) mots ; but ttirt sight of the euetny produced an imprudent temerity. The loss of the English is immense : haif their' officers, and a great part of their crews, were - the goo , l diit.position of, the inhabitants of the matt of. Delatatia, oublit .to ba mule known to your ijidhoess., Vessg Is came Iron) all the laLtodi to our assist aocei mo.l the National Guard' basteued to t comity arid °areal woheir assistaoce. A. GLIIMILIINciA., COlCMCl•Adjiltailt. sorne private letters from Llabon worts reeitiioe4 yeAter44 , Iron) one of which ato subjato, an. ex', traM POSOSOLLO, MAY i.—The enemy', have again made sortie Towernentio on. ihis. Agneda; and our army in, in coribegitence, die winplearqr the frontier. It appears that thy have a strong.corps of obserga. (ion, aCflt Utl iflg to• five) or, sirs ognadlons of eavelrYi and about 4* minty regiments of infantry. . They apprehend Ulm+t we have aotne designs against Ciudad Rudligo ; near which carpi of observation has been . roatwoßring. They have twice attacked u 4 on the Aguedai hut litre been repulsed each iittlei and. u.iilt the &tomcat Wooly atutooolnesg. Out to" has, P have hoard nos of onsoiliaed wounclinl.—Thvy dy out slew owch inclination tat eutne l Inc cpalea with any:thtng like au equal twee 7 - and ils.lo.their cavalry, they novel' stand a charge of octra. 41assens, they say, is now at Rodrigo. The obied of tbe4 reconnoissanota, in stronger force Clan is usosi, is said to be, to make us believe they ep intention of again venturing into Portugal; taut 1 railwr touting it i. to prevent us carryill ikUr foret to the South, and : to give lime for their troops tlicriot to and, pm - lisps, rr ue. hearlittle of licrestuld and tadjoh. Alincida_still holds out, burthuAnguYlP4kg.Oo slum of atompting to re, love it:' A young woman of the name-of Sealelti was killed hy. a t tall from the Telegraph, one of the caches, en Tuesday. She had the care of two children on tile Telegraph,.her MISIMIS being lin in. side passenger, and tme el the children being in the alt of tailing oti,, she saved the child, hut : over. roaelsing herself, till on her head, and wee killed on the spot.. A mm was committed yesterday from .10aribo rohgh.street, fete extorting a t uoOr from ti lady in St. - Jmies'is, by - falsely charging her *lib . having been at A tegttio m the nCiglibourhood of Queen Anne street, cal:Saturday last. The prisoner was secured on calling Ilikaieti time f9r money. A privates; latter team ,Dublin, dated' the iOth inst. says,... .4" The police have just brought in Irons Booterstown, a band of - fourteen or fifteen robbers, many of them masons, - who ountruittvd great de. p ro dat mrj a near the Rock. • Last- night, and the utliht bltfure a quantity ofplate was ((mod concealed in ft chimney," Tit A ii.,ibioaerugveic-I,rrtt°r:tgillYetriiinteintal;ll;:ttf°FriitehllCd•Pilf°WCt . COlifd prevail, nor 11 p ingle stiztur could bail' Stiy part of the kingdom. LortriLt.,Li raditotio H believed it Vat the prof9b , that perbone appointed by the Cotton' gases employed in a pal tieblar duty, die on! 0 , 4 . ployed on general Wirt:ire to risks. sifzuras; g, a l l ii they , :i.kt •not del-tilt,' heir p ovigr from va s; uf "hsiStah( e. But, ii the defendant ~vislied to ?soy ) •SW itii3detkleatitit.it in the felon'', he ~'t r u ce do ?so y ) • ,1 - P° ll 10 her kilts upo9 that p.iet. ,:, ii Tpe ATioatruy-OsiggiAL,...., My virus, ~ r was nu • 't a Cost , tri-house Otticer,.he must hnebt4,l a highway Matt,' Mr. GvNa•Y duelining: to pref. - tfits 1 . °46f fur, i h c r, , ~ ~ • , Mr:Jitifie daosi.proceed.ed to art soo t ? upon. the three dtfentlahts , libillipi autt'liito li 1 1 1 • atetitemed to two , years ireprisontneat .ku thl Y ., 5 ,1 Aiwidstone,. ow, liartoni to footees..oti miprifionitient in the saute jail, in eeo‘eqfprSi;., his !taring been already in eonfitietnent sire not i pthro4:TB;efilinßitilltutlNG V. WALTOIt WIGWAMS, "3* „Hilo . Tile defendant in this case %us Au bc' u r,,' for ji.dgineat, tor. puttliibitig a , libel wial i'o t ''''' tight llae ddueve.ndparivi s t t,::::atorbteco:atir,lo(.l t jt:en:taoea:isit,fro;; , o 0 (3 p f lo i wil a no l icre v a i cd :h i n u t l i n iL i i ii l i e ife l i e ) : r r ,t o ue e s 6( ! at t a r lU tv.r S it t e. t r i ) t r l ic i lt i Vi t i ul : n r t: i C lid ; Cl i a ili p t i rl i k is i tt d ) :: l : l o o 3 o, lo::: l7 : ,i l :: : o'll7 .; I Ig g ofsarose e e p - a b l e r l i ''' t 'g ee' and t h k e e ti :p r i t a tg i (je t Il'er$6:11:1.241}ir"I'll( , ICI lOU. 1 ig U l t i a . - corps, (tiriusti eUPtill.,,lr:TbVouitio i l 2 0 , 1 t p u b i icalegtc., rcivullitei°11"C'111171118041111:14:11'''Crl'411, ~ • „ t a 60 • m --r. DatrigCEY, for the defendant,- or' co o E. b tli.tr'' j a u i J1,1.40:1411; which t i t h Court, o : ,iiiscpou , te;ka,bilneldttyibp.ecoyct ni:ttti.ho;;:.tovoct:l,ll:lr ro., Peekti or. C • . d lef Vfu Qinimsglandfs of the Taxee, thet hi 14,,,,,, uncv interrupted th eir duties as I,rls6istr'imip lo_e army for is years, in the FA* I LI '" - , 1 14 00 Marquis Cornwallis ; and on his rco4folulllcii 16 Wide' ho' raised a Vali-Weer Collo' vti;.3', Clte prosecutor Avao appointed. Major' . , i i,' ‘ 'Pik r jealousy o.r.ps,agilitist, biol. ott thol 4ll "• 00 solo . and Captains on account of hit lYvioli:, 00)t.t kept together sod repaired and cleilm ids I :,i pt eni si* of which was defrayed Our of tbo ' IP . 1 7 0 0: 11 0 lowincei, and this, with twine other circtl‘.lo4,3ot had given, rise to. a Court of itltiivrY, , t , /ic t ,lO, . 10 ,' ae l n p i ... ~i);iirtieol)cluistel.teblLll:iiviuraci prosecutor, o r i , p ‘ i i ). wi . L . o.te:tillititlrlia'cwitialtilrilk3m.;:natoolai d i r i co al t it l , d p v' et u : ' o i l c i:: fl ' ' : 4 l6) l :i d i , lol 4 , :‘, l4 vi r t i r ' i i,t i : ' IF ' w,,hich, ho hail Nairn' to to d' satij'— Aisle t,"" IVbilo an justiti'iitniun of . hi s ' olulo°, 0 Ott„ es "-940tItted. be had retiededrua Ift• ta) , 1j0,,,r,i tree!. That outwitb4roding tnis, *bog' ...er fe w' Pliblit: duties, their ,tuisunderarandfrlLPPlo fie PetiVti.•ll,Ur ,intorsuptud those,. duliot/ 11.°1,0 poot quelltlY d io ed tegethcs, itid Ins 001/ 4;0100 of honour; that stii`cd do: iildicilltutit " 4 ' o l J e jt , C ll , 4 /-• /I 4144. IP•ittlt= am ec.i.i, to thernaiferi 1tc...1 way:4 ' ,411)3/"i lIPY upeleNy. that any two 'Citelle'n:ibot il,; "-luit, and to Fav his, portion of 04 C0:10 ota • PI.94VC4IPr. 1.11)pla .not. ACCept of oil th;p7 >; ",add ttlb and the a po e logy. i The ; latter 4 yas l't.,::ibot..efil ' t sood - 4-.lelariiic,o_,,,,V4,l,4witiiiieett,dttlibeo,otiparoblit.o.cntofv, 10 :11 " t/ .1. - . . g ' Olt' , ~..4, filr • AotWit•taW, %t 0140 ttaltt Mr, VOW,' t, J.O 11)'?'1411)Itr proposid tat '44er-endow, so - " i t, _Star QS NOB 41. toil tilt) pl'4oeCl:li ion , r. ~• 0 .0 o' l , 4444 L'l,l4loll6oltQL.l4li. t Ought dol tr!!'cs ~ or ,11)111;_ih.' 41Igttr to, int.) public pescf inters!;r pit'yei)4l ".le ,otepototi between' floe parties AI!" their dialog to i . • i . t wo , gen ler. ~, ,1,09. ki , Alicr hostring a variety or Omax2°ll6 ''' y 0 - he 110.(4°9 644 ~it, wits At, lerksti) arranged that t , _ 14 ix s f' the defendant originally proposeti PIS9II V". 010 ifttgb pax their several cO6O.- o,, G n i ti T y i e vv ie n tl d ; w'Ytatber;,.6-gOtrrrno'lur:it'l7'!autp lfthe'olit:i:ilin-:11:61.1%>:!;:ilfolIcc°1::?:(1:4 ' • s L u it e i v v i let i r g r u p l a i o y i ul d d i r tl i ' s g ‘ c h ' 14elpnasilitireeleatilatic:bruc41:1111110:cialguiclionotiitill'ci:rot:it,sicie:eciittifolot'll jcpl.li,:e,nlit:liiilltolivor'vicilivt're!:7ll the c oo, • called upon: ' . . ...,.., .,- At the • ~.......—....., ,' Op ••• , ► Urelfilfs " d Ilic Amongst . the imvelties now lo r flt itule t ~, Haymarket. Moue; ore, 4 Pl' , . / 1 , , ,, ' O l Ow -14(-1 al Oak, ernbrseirtg the histolicat tar,.. 11.—and a Comedy. ' • • . ~,, g . . . . , S. 9 c a u, IllaCelolat,ilit.4.l:qt‘: loYahci.)fiCaiutift::;:tiCif,:',sll.ll4l:;ts.7lll:tiliel):;l:4':: At libr house 'lli PolifOrt-011014'. ~r $, brother, est aillaughttit, . ;9104,0e.strog I t ! ~ cir.3,l Ole etch 410, AIM I'olo4 ° I o t Co , ' ' ' 4.4 ea ot a nattAhter. of G vac", .....;„, Yolite;ttay., the LAO of tho l?cv. G . strect umiti) i ' • . _ ..ri. --(teal, tot t t'atittit"' ' **".."'l It, 1 " „, . 'ill . I) ' ' ifl4ffis-'r lialtoter-Pitu,3„l,e 0 .. Yesteiday m orning, at 5i.,..-,efde dvileges i ' ' . Rev, Or. Davy, I‘lastet. ot, Lys ~,,101.,....-' 61isS Stovstlf.,,n,,lf tic rtfortt,..sintet, Pd., . • ' 10' . 111..ie l it : I f tyi t e tlt hi s: trw l ic ' t a i , : r .. t i lea n:t ii , , , i . gi t ,: 11 , i t% s 7 I tt li (i t i.. / : e 4 f; i f f io ( c ,tl f l i o w ng i a l;'" pL a rtl r tiliti'e : :: :: : : ll : ::;l:ll ' - Ott tile .1 ti •' . it',licall 1101,1W4' ''''' . . 0404 ~ ~. . I trot, I , 100 I, t ; 0 VY WI • , • . , . .. •(M. the' Ilt It inst. .Wl:3lsttil. 4 1 „Pl•ifk.P '0 r'oyi•ir, suite Ott %.4i11,1110 kt,w4" , f, * ',,,,.v,filtb sret9l . A_ .1 o ii riii,iciir v . tilt: I ritit ..iot. irk pc(ot"', 1 adui* 1 a n , ti 04 Bat tit' Ytiatie4bury, • fa, I ' l ' Übe _igaup,daig_ At l'ltaillted, •I , H001.6114' E..q. . dam . MO • . ....i• ~..,- 50 t, - - .aai:eateiiitYn:catx:l:s:4ll:4u.:::7:;;;S:l:l4:lll-:::;:*Hic:: ;i,\1.1"11. 14 1 4 t t"* ~.I I 74 . ~..._,:.L.;..., Niiiiti Il i ' „VI 1;1/ .. • . . Navy '5 Pin, L mit. 97 r t ' s , ,y . t i ) SO 5 1 ' ' i train s,por grit. - u' . 21. " ' - ' OM A" ii i„i it - P it ' 4. 4 • Pstr . Lent: 0 k t xcriov. t• . , 0 3 per k Wit; heti. 640 ti, ~ .) foal, 0 ..„,/, srit 3 pet Ccitt..0,06.. 6i u 5 ~,,,,'s, lof 21- f Wink L. Awl.' 17, i-osin .- . , LAW' REponr. COURT OF KING'S BEVCII, MAY r 6. 'l l / 1 3GNUNTS. TIII KING V. THOMAS WBBB. The defendant in this =case was brought up for judginent, be F tx eonvitiedist this fast Ass4es for BerVsliiie, upon an indictoiriii, charging having forged 4" ,tamp and tia, name of an E i scise (}Hirer (since &id) upon beveral paper wrappers, %omit an nwant. to defraud the ROVeittle; Soiieral affidavits to Character made. by the Mayor of Read.: ing, the ROCI - orof Abberviltd, and other respettable prisons, were read, and the defendant was ietnith:4 tur finaljudtnent untirthi 2,4 th instant., THE LIND V. JOSEPH NICKS. This &fend - ant was atio brought up for judgil mem, halm' suffered jedgtstent to go .by &lank * upon 4s; iodicwi f .qt trx conspirsortith .Hw rye Compton and Edward Ilousley, paper.m4ers ' in. Mint - shire, for the putpose of defrauding the Re. venue.— It appeared that the defendant was an EAcise'Qttic.er, and had permitted the other &fen. dant, Compton, to make Lll4 of the stamp for statnp. ingthe'wtappeis of paper. , Tlie detendaut presented a petition, which stated, that ha .was ignorant of the fraud committed- by Compton ; that they had been drinking together until the tletendant became inioxicated, 4 when Compton' took the opportunity of purloining the stamp.trotu his pocket, and he did not Minis until the next morning, and when he applied to Compton for it, the latter 4ssurtii him he had not made any use at it, and that it appeared that only' twelve wrip;,ers had been stamped by Compton ; that by toe distress of mind which his. commilal had ex. cited in his wife, then in an advanced suite of prep nancy, she took a brain fever, which tertninaied. its her death ; that tie had been already three months in prison, and under great pecuniary embarrass. OICITts. The ArTosesx-Guessat., for the prosecution ; said he had no doubt of the diitressed situation of the defendant, and he should 'not urge 'that verY improper petition in aggra4ation of his offence, but it, it was taken i n to cot4ideyation at all, it moist he to his disadvantage. .To what eiOctit this baud had been committed upon the' Reienue Ire could no say, b{,ll Col duties paid helot', and since. tho rem°. val of the defendant tram the distria, proved i must have been. immense, ind the statement it the petition as to tlw quantity was wholly devoid v truth.. . The Court remanded him for final judgment mitt the 24th instant. Till iING d. JAMES' POILLIiS, JOllti EARFORb, _ AND JOSEPH' ESTON. These defendants were also brought up for judge meat, hating beenc,invi6ted at the last Maid/nape Avitas, charging , that Phillips, bt.ing a iteveinif Officer, and the two':othels lii.. assictants, had' nnula a stizurepi run goods„ and released the frame tol motici, contrary Cu the law, and in defraud of the Revenue. From' the rninutes.of the Learned J'Udgs hot ea who it ied,the cease, • is appeoutt, that . Joseph Fain, a servant belonging to Captain LeA,an t , of ehi Marquis of Ely East Indianian, ~was coming up trona Deal in a post-chaise to'Lotidon, and. aO4 bottom of ahooter's Hill, the carriage was - stopped by the defendants, one of ,Wiotll burst .open the door; jumped in and seizing a bundl e , containing some silk East-India bandanas, calling out to hii COITITAiitiI , ' here's a prizie,''' That 'they insisted u f icin imized the carriage and horses att. wdll the smuggled gods; but in travelling, along , one at them it, the carriage along with Finn, the other to! , lowing, they demanded' of Finn whether ho had 'olPttex ; he . nrocluatt.thirty-fivei• dollars and four guineas which they agreed to t a k e , an d to , ros lease nii ' d the seized goods, „Mr, GURNEY, for the defendants, with the per. ! mission of the.. Court, contended. that, theie•altottlit 'bee new trial in this me, etuthe indictment eQuld not: be sustained' upon the evidence. H tai the in, dielment charged them with a conspiracy, ip." Ad; . Mined: he should have nu defence to set op, but at, they. wore indicted tinder the I Ith and tsitti of Wil liam the Hid, 4114 . 111 e Bth of Ann, it wee necesirary to prove the appointment et Phillips as an Officer or • Use Rmiltpatiit. Another objection was, as to thel seizure of the carriage and horses; ler according • to the construction Which he put upon thew staH J..totes,.ttio carriage and horses conveying the smug-1 gled. goods were only Seizable when the .nether..ofj, them knew of the NO of the strtuggled goods beings conveyed: its this case there Was no proot or the, wetter of•this carriage and Itereetiknowing any thing glutei the tuttQt.. • .. The Court over-ruled this objeaien, the Learned' • Judge (Lord Et.i.elsgot'Oosinyiktterving, that from h;s earliest acquaintance With the Revenue LaWs, it war always understOod to blie.the fair 'construe- • , tiep of this statute, 1144.811 y carriage or home:cog-, veying smuggled goods were liable to seizure —and he recolleaed particularly a respectable friend of his, who was. innocently brought into a' very awkward predicament in this very. ways, f. • Mr. GURNE Y then stat e d, th a t thi s main objec ' tion.atose upon the appoininsint el,Pitillipt as an Otticet of the Revenue, and contended that th e '. proof upon t hi s po i nt w as not sufficient to sustain the -indictment. 'The warrant ham' the Commis- stoners of the.aerenuit, to .Phillips, was then put he t from ,which it aepeeted that the •Conanissiopers nominated, and appointed him to .he a . Wale.rman in the Port of 'London, with power to entelinto, ek-. aC4ilt)tf, Ca anyshipoor vessels us thb. said port, and, ~ with assistance to enter into, break. , open, &C. • any - house, shop, warehouse, (Ste. when prohibited gt,pus might be found within the said port, or within any other port crrfitaces and to seize, take, arid carry away any smuggled goods, wares,and'nieichandizes which might b e th ere f ound, and to hold-'rho tame to. the ass of his Mitiatib Jac. &c.. ,44'rona this the Learned Couniel comended„that the appoinitnent of Phillips was merely that of a waterman and not 01' a ityvenne (Vico', and he was notauthoriZeifte any 4604 without a writ of assistance; and there was no evidenee-thet any sue `silt titer Was furnished to him. • t.c,tf_y+uN s printtd by 11l CHA k ti .l s, r No. , LOW.liirtt i and PE bY W:ii*LIAM A 1411 G Ett geßi PPS, South ilibltil•ltreeti, C ; mrea°l4l „,d, !a 4 lit the Ice..Orerce, NO. 1 i t/ , Strevio "Paw* Sitsorksttf , % ,l o. I . ),, rtri tot the NO kettles for the ilditor kc. (postlmia), wart bis 3QPITe,"I-I** ~,.