The Sun. — London, England, 1804-02-16 00:00:00

COURT MAI:77' AL. . i vI IIsTER.DAY, pursuant t o a W arrant f rom H is '"Jtsry, a General Court Martial was held at made `-lielsea C o ll ege, to ta k e i nto consideration a Charge, by THOMAS KEATE, Esq. Surgeon-General Io the Army, against RoBER'4GoRDON, Esq. Phy 4ician to the Forces. The complaint stated, that Dr. GoRDON, con trary, to th e A rt i cles of War, lnd in direct violation .3 ' hiS duty (with a v i ew to create insubordination 3n the Army), had wrote a certain letter to Mr. KEA TE, the purport of which was, to excite that Insubordination, and which letter seemed to have !such a tendenc,'. by accusing him (Mr. KEATE) of reSpaSSlng Upon the known customs of the Army, b y Pjael . hg an inferior officer over a superior, i. e. yuttinga young Surgeon over the head of a Phy istflan• The Court was composed of Officers hold_ the the highest respeaability in public opinion, and it.,ine President was Lieutenant. General the lion. H. 414. F 0 x . . They went through the evidence on both sides, at the conclusion of which, a very feeling app eal to the ho nour and justice of the Court was made, by 11,:!.Goanorr, and t h e report of their opinion will pUblisheti as sho o as it receives the Royal Sane. tion.-• .............• GENERAL B DYER. . ......,........ proper to Sour of •the Newspapers have thought indiilge-in the most rude and vulgar remarks on the conduct of eneral BOYER, Wilo has been some time a • prisoner in England. The most unjus t and unfounded stateMents have been advanced, of that Officer public ly expressirtg himself in the most disrespettful manner of the people of this Country, We have every reason to believe that General BOYER has not been guil t y of these improprieties. Indeed, Ave not it a disgrace. t 0 the Country, that one in his situation should perpe tually be diaeged before the public in the newspapers, and that his behaviour, person, birth, charatter, &C. should be the subjed ofunmannerly remarks, equal! } , false and contemptible. We. hop e t BO YER I ' rliii aVY 'Oitiir foreigner, will judge of the that neither. Gen. , Natio6 d)? the coarseness and indelicacy of the News papers, kir if the most unciv they did, we must be condemned as ed people in Europe. The -following Letter from General Boy ER to Lord EADIAY, which w e are authorized to poii, lish, will anew that the General ' bears amp l e testi- Nutty to t h e good treatment he places where h e h as been quartered, has recei ve d i n the I tered. Y LO R , I - D received the letter you did me the honour to write me, and I lose not a You in answerin g it, in order to bear tes- Colony to truth. The orders given by the French Goyeroment to use repris- 'als agains t the English Prisoners of distinetion in Franeei could only have .bee n occasioned by my departure from Tiver ton, and the.ordes of the English Government which confined me to Castleron,i n the. Mountains ot Derbyshire. fitted hits city, no,„ver, havin g been revoked in Ti days, and bein g now at Chesterfield, -it is with pleasure that I take this. opportu- •nity to do the most merited justic e to the this of that town, an.of whom teel towards the Fresh Prisoners of War the sentiments due to misfortune. ' As soon as I was removed from Castleton I mite to France, and I have no doubt that 'the immediately GO verimient is, by this time, apprised that far Frenchfroin being treated with rigour, I experience from th'e Magistrat s and /nhabitantsi the protedion of the Lavvs, and the feeetings Which distinguish generous minds. Accept, my Lord, the sentiments of high -consideration With Which I have the Honourio be, , My Lord, • Your s-Otdshits's most humble, most obedient servant, , t r Si i glnfatary,The 'french General) BOYER. Chetterfield The Right flanaterethietord Earidg. .-_____,.......-.....7.....,............. SOCIET Y Cht AxTs.--On Tuesday last the Elec tion of Five Vice-Presidents of this excellent Insti tution took place, when the following Gentlemen %vete duly C hosen ; --- RICRAXP CLARit, Esq. hamberlain. Sir itorsEa-r PEEL, Bart. M. P. • NATHANIEL CONANT, Esq. . k 4.16 Powtii., Esq. 111. P. • TKOs. R 4 o weao r T, Esq. Alderman, P.R.I. ttitelligente froni Prance, by the last /in 'states Mail, states the extreme reluaance which u nbar smani fested by. the Conscripts to the service in . the -present war. Out of 18.3 Conscripts, forming the first detachment of the contingent of the De- Patimnt of the of 14.4. deserted, and of first of the second detaChment, only .66 .ar lived at 1 de a . t,.):i t. lt is natural to Imagine that under ttle.pres • • the most ' ent •tyrannical regime' most sanguinary . and oppressive laws will be enafted and enforced. Their parents, relations, and chil dren are dragged to Prison, and a .fine •is imposed upon the family to the amount of Teo° Buses, It is further asserted that every Conscript is to be shot, who shall be found in the late ;,/suegent de art or on his ra:ay to them ; . and they are to be condemned on a summary trial before a DiTilitary Commission, The Hottentots are impressed with the idea, that When they are in foreign countries, and far removed from their friends and relations, they will imtne diately tejoin there on dying. 'Of the existence of these notion s a melancholy proof occurred the other . day, in a Hottentot boy servan t to Lieut. RICH/Ira/- SON of His Majesty's Ship Zeideztid at the Note ; who, from the idea that from the continuance of the war he should never be enabled to see his mother, who lives at the Cape of Good Hope, formed the lives of putting an end to his exist. , enee by juniping o f Accordingly after ~vn attended at-dinner, t he new c l ot h es which he went an d took off all b een very i n d ulgent to his maste r ( w h o had ever him) had lately given him, and put on his old ones, when he plunged through one.o the pot t-holes. Some of the men having :teen him fall,_ instantly gave thealarm, and there Was a boat sent to his assistance. He might easily, have been sirsed, *as he was a remarkable ood sw im ter, but it aispeared as if he was resolved.to be no longer detained from his friends, for instead of making the smallest exertion to keep himself up, he kep t his hands clasped together, and was ob served to have a smile of iilacid content on his coun tenance as,he sunk. Tuesday night a Majo r , who was employ e d i n t h e brewhouse of Mr. SLR, near Milbank, b y accident fell into a vat of boiling liquo r ; he was taken out alive, and car /led to the Westminster Lifirmary, where he cx. , P.ire(l'in the course of the night, i n th e most excru- , elating tortur e ; he has left a wife and three children to bewail his loss. 110UNTli BY an account of the amount of 'premiums, 11onn ties, and sums of money expended under the n thority of the At of the 41st GEOlthE 111. ca.p. 519, " forgranting Bounties for taking and bringing Fish to the Cities of London and Westminster, and other plices in the United Kingdom ;" it appears that the total quantity of Fish brought to Billingsgate -Mar ket, by the different Candidates for the Bounties, were, for the year, 1802. /3.,3. • c. Fresh Cod, Haddock, & c. U 4416 te 3 4 " SlightlysaltCod,Haddock,&c. 171 9 t Skait,z, Thornback, &c. 6,49 8 2'14 No. Fresh 'Herrings 4, 6 77,50 s or Er :52. 2 ,173 13 3 12 , 312 10 i 8 1,090 3 3 II 623 0 0 0 Bushels. 10.309 No. 866,99: Fresh Sprats Fresh Mackarel The distribution of the Bounty in the Port of London, was as follows : . . a. , To 13 vessels bringing the largest qua n ti t i es of,C. d. Cod, benig upwards of 20 tons, each 501. - 6so o o To 12 single vessels bringing the largest quantities of Skaite, &c being upwards 0f2.0 tons, each 401. 480 0 0 To two persons bringing , the largest quantities of Herrings, No. 886,000 - - zo• 0 0 To four persons.bringing the largest quantities of Sprats, busheis 6,222 - - - - 1 40 e e For the largest quantity, No. 384,500 - t 5, 0 0 In Bs t sroL, ,the Bounty paid for the largest quan tity brought to Market to the 3 ist Dec. 1802, of Flesh Skaite, Turbot, &c. viz. 40 tons - so o 0 For the largest quantity, not less than 75,000 of ISlackarel, or 3o tons r - - - - 30 0 0 For the next largest quantity, not less than 37,5n0 - of ditto, or 15 tons - - - - - - is o o N. B. No return has been made of the quantities of Fish caught. In EXETER, the Bounty paid f o r th e greatest quant i t i es of Fish caught between the ist of December, 1801, and the tat- of September, 1 . 301, was_ Bounties. Ton,. Cwt. Qrs. lbs. s. d. Skaite, Hake, &c. - 131 4 I o 166 o 6 Herrings - - 8 6 2 o 30 5 o Mackarel - - - 3 2 o 0 31 to o Cod and Haddock - - 3 5 3 7 21 0 0 N. B. The total quantity of Fish brought into this Market in the year preteding, appears to have been 58 tons. For the greatest quantities of Fish caught between the Ist of December, 1802, and the: ist of august, 1803 Herrings - - 204 t 3 3 o 180 io • Cod'and Haddock - 310 z 0 15 0 0 Pilchards - 15 7 2 0 25 0 0 Skaite, Hake, &e. 13 2 2 o 20 0 0 In EDINBURG H , the Bounty paid to the three Persons bringing the largest quantities of Fish into Market from tat of October, igo2, to the Ist of Oelober, yBo3, was; for, Cod - 104 14 3 0 90 0 0 Haddocks - 422 - 9 8 o 100 e 0 Skaite - 27 it o 0 25 o 0 Turbot and Soles - 9 1 1 2 30 0 0 The total quantity of Fish exposed to sale in Edinburgh Market were, for the years 1802. 1803. Oey O » 4 - (-) C7' 4) Cad - -- - - 214 13 219 128 13 2zz Haddocks Skaite 25 17 3 13 45 S 3 1 4 Turbot and Soles - - 55 o 6 it 18 z 53 The total amount of the sums paid for Bounty, and the expenses attending ascertaining the same, (including 60001. remitted to Ireland for Bounties in that kingdom), is it,z6ol. 9s. DowTorf, H. JouNsTotv, and his wife, performed last night at Mtlton, Kent, in the Comedy of The Heir at Latv. TIUOTTER, the Manager, very li_ berally gave the full receipts of the Theatre in sup; port of the subscription for paving Milton.. Duw- TON played 'Dr. Pangloss, H. JoHrt.sTo IV, Dick Dosulass, and Mrs. H. JOHNSTON Cicely Homespun; and Dow.ToN also played Abednego in the Farce of The Imo and tke Dozor. ItsicLsnoN tomorrow entertains the good folks of Canterbury with his Musical Olio, which he calls The , wandering Melodist, by which he last year reaped a very profitable harvest in several provincial places. - There is something curious in the infirmities of theatrical people, which are in a great measure de pendant on time and place. It has happened more than once lately that a theatrical Syren has been unable to perform her duty on the Stage, and yet has been very able to exert her vocal powers fur the. entertainment of private partieS. The veteran BRUNToN is..to have. the -manage ment of the Brighton Theatre next:,-season. It will therefore be concluded by a man'of judge ment, experience, and integrity. If BRAHANI should sell his notes for PRINCE lioAßE's new farce with the same success as he did that for The English Fleet, the most profitable busi ness of the present day is the manufadure of music. A very whimsical figure of an avant courier, it seems, attraaed much attention at the Opera-House Masquerade last week, and was highly diverting to the' company. One half of the face represented M. TALLEYRAND : and the other half Mr. TIER_ KEY. lie wore a cloak of Loyalty, and a cap of Libertj, but neither fitted him. The mask was as entertaining in what he said as in his appearance, delivering an odd mixture, consisting of loyal sen timents, addressed to those whom he affected to consider as monarchical in their principles, and of jaobinical zeal to those whom he treated as friends . of dernocrary. ROWING 'MATCHE'S.TiIe London men are not satisfied.with the issue of their 'late contest with the Gravesend men. A new match is making up, in which the same six Gravesend men who rowed before, are to he matched against the three men who did not give in, and three others of equal abi lity. Another match is on the tapis between the Greenwich and Woolwich BOatmen and those of Gravesend. It is said that a German ProfcsTor, in a lat t e work, has r e p resente d Billingsgate as . 'the oldest :School of eloquence in- this Country, ThP school is certainly ancient, but the fair Rhetoricians are chiefly to be admired for their fluency. - Extraor dina7 cuntlity.—On Tuesday se'nniglit an ewe, belonging to Mr. THomAs EVANS, jun. of Eastington, Gloucestershire, yeaned six lambs, all of which appear very healthy, and likely to live. When dropped, they were nearly as l arge as lambsare in genera l at their yeaning. While the Cromer Sea Fencibles were exercising the great guns some days since, a ball struk Cpt. TR E NIL ETT's foo t , an d b ro k e the leg of Mr. c SmI a TH, Surgeon, who was walking on the Cliff at a consi derable distance from the battery, RT. COURT`OF BENCH,. FE2. fj, REFOKE LORli ELLENISOROUGH IN. GUILDHALL, LON 110 N UPFOLD LEFT.- • . . Mr. CAR ko'W, after, making a. few observations on the unforfunaie effeas'io the Suitors of the Court from the nonattendance of Witnesses when causes were called on, and congratulating his Client and_ the Public_ that his Witoesses in -this cause were ready, *proceeded. to Opera this Case. The. De fendant, Mr: Leet, he 'said, had various occupa tions ; he was Fitainer, and-fie:was Audioneer, and he was now to be„introduced -to his Lord s hip an d, the Jury in another charatler, that of-Estate Sale- . man. -He read advertisements in Papers, and there learnt sometimes that one man is about to sell an estate : he goes and makeS a bargain- with him, al! though he has no money to pay for it. He then finds out who wants to buy an estate, and he goes again to him to sell it, and thus becon.es a middle-man between the buyer and the seller of the estate, and gets his profit -between them. Ae: cordingly, as audioneer, he bought an estate of a' Gentleman of the name of Tasker, who had bought it ,of Dr. Hutchinson : there had been no convey ance between these two oarries, but it was agreed,- to save expellee, that the estate should be c , ,A.ll , :eyed at once from Dr. Hutchinson to the person whOtn- Mr. Leet, the Defendarik should produce -as the purchaser : that person was Mr. Upfold the Plain. tiff in this cause.. Mr. Upfold agreed with Mr. Leet for this estate for 380!. ;' Mr. Leet having bought it for 3201. ; so that he had an advance upon this sale, by way of profit to himself, of 601. Upon this purchase Mr. Upfold paid down to Mr. Leer Sol. upon account of the purchase of the estate, for which 801. he was asking the , verdid of the Jury for the Plaintiff, because this estate was never conveyed by the Defendant to- the Plaintiff, there. fore he was entitled to recover this money back again, and the Defendant was not. in a. condition to convey this estate to the Plaintiff, he had not performed the contra-a- on the condition of which he had receivedsk. Sol. nod , therefore he must re turn it. The contra& was not completed by.reason of the miscondul of the Defendant, for all the other parties were ready, but he, instead of deliver ing up the 201. which -was the difference between. the 601. which he was to have by way. of profit and the 801. which he had received, after several appli cations•made to him, at last sent his note for 201. which the' owner of the estate would not take, ing determined to take nothing but 501..50 that the estate was nevei.conveyed to. the Plaintiff; although the deeds were prepared and ready to be. executed for that purpose,.and the Plaintiff was ready to pay the remainder of the purchase money. - Upon proof of this case Mr. GAR ROW said he would be entitled to the verdict of the jury for the whole sum of Sol. because,- as the, Contrad*st as at an end, the whole money ought ,to be returned, it being paid to the Defendant : without, any consideration; and he should have restedohe case here, but he thought it would be a little more discreet for him to go a, little further, in order to ler the Jury into the secret of this cause; :The Defendant now said that he had .paid back the Sol. and he had got a receipt from the Plaintiff for it in full of all demands. Now,,if he should prove this ease as fie had opened it, he had better gay no more, bet . siVe the Jury. the trouble of hearin g an y mire , if t h e y did not think they had enough already ;' hot he must go on, lest the Defendant should be hardy enough to pro duce and to rely on this receipt ; ,but there was no magic in the word Receipt, albeit the word-i " in fUll of all demands were to be found in it," The question which the Jury would have to in quire, would be, Has the money been actually paid ? This Defendant, he said, had no inconsiderable quantity of the Rogue in his Composition ; and he had also, as Providence• would have it, a decent portion also of the Fool in that same composition, as he should demonstrate to the jury in a moment. While this transa&ion about the estate was depend. ing, the Plaintiff's father died, and his estate and effeds were sold by, audiono The IM'endant pre sented himself to ;he Plaintiff„,and desired that he might be the Audionter to the father's cads,' to which the Plaintiff assented,. and the Defendant ac_* cordingly sold them. One day after .he had sold these effeas, he met the Plaintiff in Riegate Mar; kez, and addressed him—" I am very mucfrblamed by my friends for not taking receipts fur the money pay to the owners of goods I sell for them as . Audioneer—l wish you would give me a receipt for the goods which I have sold and accounted with you 'for your father's at the auction." -" I cannot do' it now," said the Plaintiff, " I will when I Meet you again." They met again. The Defendant said to the Plaintiff, " I have paid you the money produced by the sale of your fathers goods at the audion, i wish you would uow give : me a receipt for that money. I am very much blamed' by my friends for not taking regular receipts for these Auc. Lion Sales." The Plaintiff had no Objedion ; 'they accordingly went to :the Swan Inn, at Riegate, where i\ar. Leet wrote a receipt,. which he under stood was to be to-day produced in ssatisladion of this demand. But it would be.no objection to this adion to recover of the Defendant this sum of .80i. deposited with him for the vurcliase of the estate of Mr. Tacker. He wrote with hiss own hand this receipt, which it secnied was this day to be pro. , duced. Now, it had been once said by a man of wit, "Oh! That my Enemy would write a Book!" Meaning. theret - ;y that his folly might lirpwblished. He would apply this sentence to the ctse of -a re- . . ceipt improperly set tip..as• an answer to a dt:tnand, which it did not apply 40„ kg 0 ! that mine Eneniy had a Receipt -!" Still ;mire, •' that he had a receipt in full of hlfdetnand,l" Mt;re still, that he had an Attesting Witness to) it i If this Defendant had only got this receipt Signe , i by the Plaintiff, he would have notiiing more to do than to produce it in Court, prove the hand-writing, and leave the Plaintiff' to struggle with it as well as he could„, and certainly there might have been some difficulty in getting rid cf it ; but here there were two things which enabled the Plaintiff to get over thii receipt very easily; It Was written in the kind. writing of the Defendant, and' there was ariatteeti:tg Witness to it. "file receipt was thus—, , s Nov. 6th, iSoz; Settled with John Leet, Autai:;neer,"—He •,' ' • wondered why the Petendant had ,not. etopt there, because he was to tell the jury-to-day..that the See,_ dement included, the*ol. for, Mr...Taskethi estate 7r Or why he hid not saitf, " fettred 'all demands;"--,e that Was the wile' , in which. an honest man of business would have worded it, if a real, settlement of all concerns between them had taken :place— bute no, he -" settled for -the S a l e. o f the 6 said, of April, Now that was the real statement of the transaction, and honestly and above board ; that shotim have been the whbie of it, for it was the intention of the Plaintiff to eve him an .acquited of the goods—bUt afterwardS", Mr: Couatto - ei.insisted, the Deleodana put in,-itand all dethands." Now, if he had this •the receipt, a nd in ha for the 'B6l. depOsited far the tistate of Mr. Tasker, the Plaintiff - would not have signed it, but would haVe scot the Defendant to the Plaintiff's Attorney, a man of 'perfect honour, who would dace taken care that he should not sign any thing that should do away his right of aetion against the Defendant for the 801. he had paid withoUt conside ration;; but rot a word of the 'Bol. in this receipt'. The Defendant then sent for Mr. Elf, the Landlord of the Inn, to witness the signature to this receipt. Mr.:GAtthoW said he had not seen the receipt, but when it w as produ ce d, The Jury would attend to:the manner in' which the words " and all demands," were pUt in. Why did he say this ? Beca use , he said, he wa s 'conscious these wards were written since his Client signed the receipt. Was any mo ney paid at tha',tetime -in cash ? When ? Where ? Not a word 'neon these paints. What had the Land lord of the Inn to do with this? Nothing; and yet he was called in to attest it. But this was not all ; but the Defendant, for further e'aution e made a copy of this receipt, after the Plaintiff was gone, and after Wards desired the landlord to make another copy, fdr fear there should be any dispute—why should - there, be any dispute if the transaction was 'fair 1-- 1 . Some time afterwards on application to hiM for pay, men; of this Sol. he had the impudence, to say he - - had- got 'this receipt,_ which' when shewn to Mr. Elf the landlord, who had witnessed it, it struck • him that the words, " and all demand 4," were put iniirf. a cramped hand in a corner after the rece,kpe was sighed ; but at that time he had not had the copy deliveted to him, Now, Mr. Gnaitowsaid, he" warned the Defendant to take care how he made this defence, if he pet - fisted in instruftin g - hi s learned , "Counsel to give it in evidence ; and if his Lordship and the Jury should be of opinion, that the: words " and all.. demands" were interpolated, he should 'think it his duty to move his Lordship, . that, this - receipt. might be impounded to he forthcoming to answer the purposes of public justice, and the De, _ fendant should hear of it again. He should now prove the payment of .the 801. to the Defendant on account' of this estate, and the contrad being broken off because the Defendant . did not payhhe 201. he was bound to pay, and- that would entitle him to a verdict for ahe Plaintiff. :If the Defendant should he hardy enough to insist upon this receipt, Mr..Gatt Row said he should then go further. The agreement for. the sale of this estate by the Defendant to the Plaintiff; the deposit of 801. for the purchase; the Plaintiff's readiness to complete the contrad, the deeds being prepared for the con.. veyance ; and that the contract broke off on account of the Defendant not paying the 201. as he had en. gaged to do ; were all proved. Mr.- HART, Attorney for the Plaintiff, swore, that he attended the parties as Attorney ; that the' contract having broken off on account of the De. kndant's not paying the 201. ; the Witness told hint • that on that account the business could not be set tled, and that therefore he must pay back to the Plaintiff the 801. or he should proceed against him: , this was on the ii th of September, r Boz : he turned shortly on his heel and said, " very well." Finding he did not pay, the Witness wrote to him a letter; on the id of October, for for the payment of the debt,. which he did not pay. He was arrested' about the 19111, The Witness saw the Defendant afterwards frequently on the subject of the action. At first, in the month of November', be said he hoped the Witness would not injure : his . fatnily. The Witness said, he did not wish to' do' so, and pro. posed to him, though his Client did not knoW'of it, that the Defendant should give his prdmissory note for 201. payable•in a month, and the remaining 601. on the first of 'March following ;' he seemed satis. fled with this, but he would not agree to pay the costs. The Witness told himhe was theecause of die costs being incurred, and therefore ought to pay . them. He called on the Witness on the toth of November.; -he said it was a. foolish cause he was en gaged in with Upfold, and that Upfold would core' tainly lose his cause. The Witnes said he thought nor, for that his cause was an extremely good one. Upon which the Defendant said, I wid len you what, 'I have got a receipt in fnil of all dem.:ndse He then read the receipt, but did not let the Wit ries look at it. On the first of December he came to the , house of the Witness again, and said he was surprized he should press the action, knowing he 'was in possession of a receipt ; he was sure- the Plaintiff had misstated his case ; that he wished to see the Plaintiff, that they might meet.face to face, by which he should have an opportunity of convin cing the Plaintiff's attorney, his client was wrong. Accordingly an appointment.was made for 'that pur. pbse. The Plaintiff came, the Defendant was sene for, but did not come, 'The Attorney's Clerk proved he called at the Defendant's house but did not meet him there ; saw him go out in 'a' few minutes afterwards, on which he ran away; the Clerk ran after him, told him the ?iaintiff was waiting for him ; but the Defendant ran away, and never faced the Plaintiff. , Mr. Elf, the Landlord of the Swan, at Riegate, proved he was called in to witness the signing of the receipt from the Plaintiff to the Defendant, who, after the Plaintiff was gone, sent the Witness a coPy .of it, saying it was to prevent disputes ; de.. sired the Witness afterwards to make another copy. The Defendant never before, although he used his house on market-days, asked him to keep a copy of any receipt. The Witness saw no money pas. Mr. MAR R YAT, for the Defendant, insisted that according to the Plaintiff's own sheaving, on ly 201. could be due to him, although he had arrested the Defendant for 801. He insisted on this receipt being an 'answer Attion. He said he could call Witnesses that the Plaintiff and Defendant had lii ~4 in ch IL )1 n , I