The Sun. — London, England, 1801-11-12 00:00:00

Li SS -ait I the ten r.s o ck§ es of, fbi nfor.. ly of and Cof• ~~_ THE HAMBURCE MAIL. (EXTRACT OF A PRIVATE LETTER.) BERLIN, Nov. 2. crk, , r , be' QU is daY , Bills.. receive u c:sti.- CONStANTINOPLt, SEPT. 30. ;cribin~i eemiog f Env, or be" culad z5l. pet lc( Bill, t ; 20' the lii he tilaciF MI 0 ", oLD: tifSO4 fc ) C re pis' ers / „IILO l'clne/ 4 :-.11 he /5 on i ll° IS wtt4 T r, rh e i go ars - s oirat s ' n t 00 wri te ' e ADJ l', i 5 se eino LkelY at our ar',, 104 to po agilet i6 re 134 ~ in -A !en re' his 3° : tll n Wi cP „ , bog" 'Peof r i n the son.— . • -s. 1-1° notio il ; :d, and feat" NDE I4 ,, me r ' ara oe( c : tly 8 3 ; • c Ilbrw to t tiw. s • h i e s Then.f CP°, beeo re, , J riNCIPai rn to " anci to revs 31w age cA „ for e ,ere de' the be t ' o f Le - ,otning) he per• VIENNA, Ocr. 24. OUR Court and thatsof Vienna are still 'Very far from agreeing, with respea to the question of In demnifications.' The Court of Vienna insists that the three Ecclesiastical EleCtorates shall be preserv ed ; and Prussia has declared, that if it is intended the E,leaors shall be fully indemnified, contYary to the principles that have been established, she will 'ecupy the Countries that are to be seculdrized, in order to indemnify herself and the oilier Princes. The Town of Ritzbuttel, or Cuxhaticit, will lie ev acuated immediately by the Prussian Troops: There is a report that the KING of SWEDEN has Offered the EMPEROR to cede, for an adequate s um of money, Swedish Pomerania', in order to augment the mass of Countries to be distributed ; tut this report appears to have little foundation'. • tiff English Ambassador, Lord ELGIN, and the 33 rotkuet of'General I-iwrCntigsorr, who brought in lelligence of the 'Capitulation of Alexandria, have 'received the new Turkish Order of Knighthood Which was formerly donferred on Lord NELSON, and the insignia of which consists of a crescent; With stars richly set with diainonds - . To celebrate the S urrender of Alexandria, the GRAND SIGNIOR has give n liberty to 250 galley.slaves, and ordered all ,Persons to be released, who were detained in prison 11 r debts Wider J 50,000 ViaSirCS". On the 25th the GRAND SI . GNIOit went in so lemn procession to the Mosque, to return thanks to P rovidence for the recovery of Ekytt. On this oc. asion he took the title of Gazi, or the YiSoions. The Illuminations On the z2d, and the fOlldvving days, extended 'alo'ng the Canal to the 'distance Of Ig or 20 Italian miles. Some of the Palaces of the %t‘ltanat were illuminated with more than 16,660 l amps. The Porte has sent a special Deputation to the English Commander in Egypt, to congratulate on ;he success of his arMs.. l Our Trade now et;itis rapidly' to revive. ant French Ambassador, CHAMYAGNI: j and the lisp Envoy, Mr. MTHUF. PAGET, have thit ‘ .l 2y officially notified to our Court the c.:Onclusion 'of reliminaries of Peate between Ft'aigr and Englarut, `'ignifkihg at the same time, ,that a Plenipotentiary was expected to be sent on the part of the imperial tcurt, to the Congress at Anzien . s. It has since been generally cnderstood, that the State and Con; 1 2 e rv 'Fence Minister, Count COfIENTZEL, and Baron "rI'HALEN, will go As Plenipotentiaries from " 1 " Court to Amiens, to treat for the affairs of the G erman Empire. On tile 14th inst. the niistinderstanding between b Court 'and that 'of the ELECTOR PALATIN E , re lative to the Boherilian I'iefs, was finally adjusted: COPENHAGEN; °cr. 27. Hereditary prince FR EDtRiC was laSt a iurday attacked by an apopleEtie stroke, Which was So severe, that fears are entertained for his life. The Bulletin bf to-day imports, that there is as yet hd abatement in , the symptoms. OCTOBER 31: The Hereditary prince, according to the Bulletin tl i f this day, is somewhat better, and we have now 4Cl ks of his complete recovery. i-lANII3IIRGH, Nov. 3 IN the separate Articles between England and -Prance, are various stipulations relative to the navigation of Neutral Powers in time of War ; as also relative to Piedmont ; to commercial establish- Inents in Egypt; to Hanover; to the HousE of . OR.ANG E, and the SlaVe Trade in the West The Convention with Russia likewise contains eparate Articles, which relate to the interests of the Houses of the German Princes who are nearly allied to the Imperial flouse. A vessel returned on Monday night to 'Dover ( trit Calais, which place she left at two o'clock t) r l that day, says, that at Calais • the Fete, was ahered• in with the firing of cannon, Sce. the 'louses were prepared for ..the festival. Almost e very house had a flag ready prepared to hang °4 t of the windows,. and a white cloth stretched ,'on the front of the house, below the chamber , I vind ow ,, In the market-place, and along the pub_ tle streets, columns were erecled, from which were s uspended labels, with the names of the principal t seers who hail distinguished themselves in the War, including. those who had died in the service of t ,heir country. A young Lady of the place was d ressed up to represent the Goddess of Liberty : she *as elegantly at tired for the occasion, and was drawn throu g h all the principal streets, followed by the Mu t'icipality and all the principal inhabitants. About twelve o'clock the troops fired a feu de jge in the Ill arket.place, where the Temple of Peace was ered ed, and people of all nations were invited to assist !t the festival, which was expetied to be very splen 14d- In the evening the firing of the cannon was l'eatd very distinaly at Dover, 4iid Con tinuctt near the whole of thy day. LAW REPORT. ‘COURT OF CHANCERY; WEDIVESDAi6 Nov. fr, bRt.TRY:LA.NF. THEATRE. MR. MANSFIELD proceeded to reply to what had been urged on the other side. He defended the condua of Messrs. Ford and Hammersley, in hav ing hitherto taken the whole of the Pit_money, on account of the Arrears due to them, as Trustees for the Renters. He observed also, that as it might often happen that the Pit_money would not amount to the sum required for the payment of the, Renters, therefore the Trustees ought to be at liberty to take sums of money at other times, for the .purpose of making up the deficiency. He admitted, at the same time, that the PerformerS"must be paid, or otherwise no money could arise from the Pit. His Clients, he said, did not wish to press the execution of the or der, according to the letter of it, and in its utmost extent ;—they were willing, on the contrary, to consent to any reform of the orders which the Court should think reasonable end proper. He still, con tended, however, fur the appointment of a Receiver; and he was convinced, ht said, that every Alor in the Theatre wished for the appointment of some person authorized by that Court, who should receive the monies, and pay the Performers. In the course of his reply, he said he was informed there was 82881. dos. 3d. due froth the Theatre to the Duke of Bedford, for Rent, The SOLICITOR GENIZRAL said, there was no affidavit of this. The LORD CHANCELLOR said, he should not attend to any assertions that were not verified by affidavit, though it might be fair to consider the question either as supposing the Rent to be paid or not paid. Mr. MANSFIELD grounded his assertion upon a Letter of the Duke of Be•dford's Agent, which he stated to have been received, declaring that a dis tress was in the Theatre, and that if the Rent was not paid before that day sennight, the goods of the Thei:tre would be sold to discharge it. He con cluded by pressing upon the attention of the Court the original objet of his IVlQtion. Mr. AGAR. again offered himself on behalf of Mr. Grubb, who, he said, had advanced sums of money on account of the Theatre, to the amount of r 5,0001. and who was now forced into a tempo rary concealment, in consequence of debts incurred on account of the Theatre. Mr. Grubb, he said, Was ready to swear that he had received no notice whatever of this proceeding. The LORD CHANCELLOR said, he most take the affidavit of service of the notice of these proceedings upon Mr. Grubb, as evidence of that service, and he could not bear any affidavit to the contrary. The only proceeding that could be had, in case Mr. Grubb had not been served with the notice, was to indit the person who swore that affidavit, for Per. jury. Mr. AGAR said a few words more relative to Mr. Grubb. The LORD CHANCELLOR said, the experience he had had relative to the proceedings of that Court concerning this species of property, served fully to convince him that the Court could not, from the very nature of its proceedings, do that ample jus. tice to all Parties interested, which equity. requit. ed. The interest of the, Parties would be best served and most surely benefited by an agreement amongst themselves: It appeared by the Order. of Court, that the Trustees had the liberty granted them of making application for the appointment of a Receiver. It did not, however, follow from thence that a Receiver was to be appointed. The Motion that was now made, was to appoint a person to re ceive nightly the whole of the Pit-money, and to pay it every day into the Banking-house of Mr. Hammersley: He could not avoid saying, that Mr. Thomas Hammersley stood in a variety of charac tets, highly inconsistent with each other ; as the Banker and a Creditor of the Theatre, his interest stood opposed to his duty as a Trustee ; and as a Trustee he was called upon to ad contrary to own private interest: He did not mean the least imputation Upon the tharader of Mr. TM - . Ham niersley ; but sitting there A a judge, he was bound to consider, not what Mr. Hammersley would do, but what he Might do. As to the assertion of Mr: Sheridan; that the latter had not consented to the order as it now stood; he was bound to consider the order as having been made with Mr. Sheridan's consent, as it appeared so on the face of it; and it was difficult to get rid of an Order made by consent ) unless by the consent of. those who had originally agreed to the order; He was clearly of opinion OA Mr. Sheridan had given his consent td the or der, having signed the draft of it, which he was perfealy competent to Understand: As to the interest of Mr. Grubb and Mr. Richardson, he was of cii)i nion they appeared to have stieh an interest in the Theatre as to entitle thud to be heard: He was sitting there to take bike of the interest of all 'Par ties interested in the event of the proceedings, whether Parties Or not; and no ode would think it necessary that every ihdividtial Performer . ; or other person conneled with the Theatres was to be made a Party to these proceedings. That Court must either declare its titter inability to do justice be tween the Parties, or compel those absent to accede to what those present had consented to. That Court could not compliment any Man, and lie was to consider, not what Mr. T. Hainmersley or Mr. Sheridan, or any other person, would do ) but what they might do; And he was to consider more pecu. Harty upon this Motion, what Mr. I'. Hammersley might do with the money which it was the objet of the Motion to place in his hands. Yet he could not, decide upon this Motion on any other grounds than those which were legally before him ; and the only fad which he could coiled from the Affidavits before him was, that if the whole of the Pit money was accumulated, the Performers could not he paid. Mr. MANSFIELD here interrupted his Lordship to observe, that the application was not confined to the Pit-money, but intended to apply the whole profits of the Theatre, according to the direlion of the court, •The LORD CHANCELLOR said, Mr. Mansfield's opening bad been confined to the Pit.money. His Lordship proceedett. it ttus sppeartkl i he said, that if the orders of the Court v.ere Upon, the Concern would be ruined it zia's ithpOssible, there fore, that the Court would snpporr orders which must inevitably produce such injurious consecetences, and even if in their Consequeneeii they only endan gered the interests of the Theatre, the Court would discharge such orders, rather than run . the risk of injuring that Concern, and those interests ,which it was the object of the Court to uphold and sustain added to this, the orders appeared contrary to those Trusts which must be carried into execution. In 'the last deed of 1795, there did not appear that provision for the payment of the Performers which existed in the deed of 1793. But that the Perfor mers had a moral and an equitable right to be paid, must be evident to every man :—nothing could be more clear than that provision ought to be made for the constant paynient of the - wages and salaries of the Gentlemen employed as AEtors. If the Receipts were to be applied, under the direaion of the Court, they must necessarily be applied, in the first instance, to the payment of the Performers, and the other.ont goings+ of the Theatre, then the Renters and the Rent, which might be said to be a paramount claim. This Concern was in the nature of a Speculation. It was the interest of every body concerned to keep the Theatre open every night, and how could it be kept open unless the best Performers were employed ? The Renters stood, as it were, between the Pro prietors and the Performers ; they were to have a certain share of the profits : if there was no profit, they could have nothing ; but how could there be a profit without Performers ? and how could there be Performers unless those Performers were paid ? By - the deed of 5793, the Trustees had a right to turn out the Managers, and take possession of the Thea tre, if the Treasurer did not pay them +oh per night, for the use of the-Renters ; but it was clear they could not have this right, if the Treasurer of the Theatre could prove, .that, after paying the Performers, and the other ou t.goi rigs of the • Theatre, there did not remain the sum of 401. because the Renters could only take, after the Performers, the Rent, and other out.goings had been -paid.. It was to be observed, that this application was not con- ' fined to the Pit-money, but extended itself to. all the money of the Theatre. But even supposing for a moment it was confined to the Pit-money, how was • he to know from any documents .before him, that, after taking. .away the Pit-money, there would be enough left ..out of the produce of the Boxes and Galleries. to. pay the Performers and other outgoings ? And how could he tell, sitting there as a Judge, that, the profits of the other parts of the Theatre were such as to authorize him to set apart either the Pit-money or Box money, or the money taken in any one part of the House, for any peculiar purpose distind from the 'general' purposes of the Theatre ? It appeared to him that the orders could not stand, unless there was an entirely new arrangement. If a Receiver was appointed by the Court, he must be appointed with powers and limi tations wholly different from the usual mode of ap pointing Receivers. He must pay, in the first instance, the Performers and other outgoings, then the Rent- ers, and the surplus to the Proprietors. He was con. v incea, however, if no arrangement coUld-be effeded bythe Parties, that Court would find it extremely dif ficult-to.make one. He was convinced also, it would be much better if the Parties could agree in appoint ing a Receiver or Treasurer, than if the Court took. up the business itself. It was his wish the Parties should take that into their Consideration, and in form him ) in the course of a few days - , whether they had been able to come to any satisfaaory arrange ment. if they could. not, then he must do that which the justice of the case required, and which would conduce most for the benefit of all Parties concerned.. He was, however;perfealy convinced, that it was infinitely more in the power of the Pat. ties themselves to do that justice which the 'case re (paired, than of the Court. He therefore 'Wished the Motion to stand over till that day . se'nnight, to tee whether the Parties could make any sufficient ardngenient ) if not the Court Must. The ultimate decision of the Court Was therefore postponed tilt this day se'nnight (next Wednesday). COURT Or KING's BENCH, WsoNiloAi, Nov. it. nit KING ioptkt kid'criqs: ts is a Case of the utmost importance to all those who are liable to be robbed ok. cheated by their Servants; and also to these who May wish to entice or seduce Servauis to dis= honestly towards their Mastets- - .. It is interesting to the Community in which We live, on account of the Law which .is establihed by the decision of it brit; above all ; it is immediately and especially in. tetesting to MatiufaCturets who have occasion to employ large numbers of petionS, to carry on their business, as was emphatically observed by.my Lott) -Cl-110 . jnsTlci in giving his Judgment. It Was a case upon a Writof Errot,whith Was brought Upon a conViftion that took place at the Quarter Sessions some time ago; held for the County, of I.7ncaster-4t Was ah indiament Against • Robert Higgins; charging hint, that he did; on a given day therein stated, falsely ) wickedly, and unlaWfully solicit and entice one Jamen Dickson, a servant, to embezzle; steal; arid take away a certain quantity of silk tWist; of great iralUe, the property of his Master;The Servant; James Dickson, belonged to a large manufaCtory of silk twist and cotton, in which a great number of persons are employed ; the Defendant, Robert Higgins,- lived 'at the net door, and endeavoured to entice Dickson to rob his Master. He took him to a public house, told Mm " the times were bard, provisioni very high in price, and wages low, and that he ought to make up for it by taking some of his Master's cotton ; gave him a glass of gin, and told him that he might throw seine cotton, &co over the wall, which Was between the mannfaaory and the Defendan't's house. The young man was honest enough to tell his n - iaster what had been told him by the Defendant ; upon which a parcel of the master's property was made up by the master, for the purpose of seemingly throwing it to the Defendant, who expeatd to re ceiVe it; a Constable was sent for, and he was taken into clistody, without any other as being done. He was condutted to prison, indieted as above stated, and tried before a Jury at •the Quarter . , Sessions ; fount guilty upon the cola above stayed sentenced by the Court to he imprisoned two ycar and also 16 stall(' upon the FiNory," Agpiii;t this a.Writ ofgrror was brat:et. "[he case was argued last Term, and ordered for a further argument. It .vas-..'rgue.d again thisday, very ably, by Mr:Tor riNi; rig,:inst the Convi&ion, upon thred grounds of _objection " That it ought to have a%Teared whether this servant did, or did rot, steal the twist in question for th:zt if he did, t h en the offence was_ Nally, and that ,therefore the De , fendant ought not to have been prosecuted as for a misdemeanor; as he was in this ease."- 2t ll v, " That: an attempt to commit a crime, without the follow, iog up of the intention to do so, eitkr by the patty who soiicits, or by the party solicited, is no mis: demeanor by the law of the land." • And here it was contended, that nothing was done beyohd - this solicitation, for the servant did not steal aoy of the property, nor did the Defendant do any ,a6t what, ever towards carrying his intent to entice him into effe6t. idly, " That the Court of Oilartei Session!" had no jurisdidion in this Case.'' • . . Upon all these points, and particularly upon the second; Mr. Ton. No argued very. ably in support of the-Writ of Error, and quoted a variety oF Casei and Dicta in the Books, '.:*rorn liahcToN down to the ninth Term Reports, and laboured 'to make out that a mere solicitation to do an unlawful aa, rn_ less, followed up by some aft done, or attempted to be done, is not a subjeet matter of a criminal charge. But to follow the Learned Gentleman either in his reasoning, or in citing the authorities, would exceed our limit.. w(2 attempt only to give the utline of the Case. Mr. CHRISTIAN, after giving a short history of the circumstances of the case, and observing, that. -the Defendant could not be indided for the Felony as an accessary before the Taft, because the Master having consented to part from the property, no Felony was committed ; and therefore unless the Defendant could be convifted of the misdemeanor, as. it was stated in this Indiament, -he could not be convided of any thing, proceeded to lay down these 'two. propositions .:—First, That every attempt to - commit a crime, whether a Felony or Misde meanor,: is, itself a Misdemeanor"--2dly3 " That every. solicitation to induce . another to commit,a Felony' or. Misdemeanor, is, 'itself, .a Miscienttan. or." H, maintained alsar, by way of analogy .* " That whenever one person complains of another, 'by Action,. for Slander, the .rule , is this 7 —lf the thing published, be, indiaable, if •true, the party charged with it falsely, shall .have. an At - lion-far DaMages.'"! The short words were--" . It .is able, if trae---It is .aaionable, if fals'e." He argued these propositions ably, and quoted many authori ties. Hi maintained also that this was a misde meanor, and was within the jurisdiaion of ,-the Quarter Sessions ; -upon 'all which he trusted the Court would corrm-this 'judgment... • Lord KEirreiDr'spoke nearly as follows The Justices at 'the Quarter Sessions at Manchester, where this case was tried, were attended by the same Counsel as' we have heard on this and on a former day, who possess,.undoubtedly, great knowledgeof the Criminal Law, and I congratulate the 'Public on the CIECIIIOIiS of the talents we' have heard, for Gentlemen by. bending 'their minds, particularly on this question, have been able to lay before as points which tit) not ordinarily, or 'readily arise in the minds of thoSe who are not, very much, in the habit 'Of considering the Criminal Law as a particular Winch of study—Such per - sons, finding an offence, of trintiderable magnitude laid before them, had the fortitude to pronounce upon it their judgment---- d jUdgthent, in my opinion, by no means more than commensurate to the offence proved. am persuaded that Mr. Topping's very good sense would that induce him to say, out of this Case, that two years imprisonment, although there be added to it the Pillory, is punishment too much for such an offence', An offence calling for as much pu nishment as any misdemeanors perhaps; in the present state of things, in the CoMmunity in Which We live. The offence is stated in three CoUnts in the Indiflinent ; one of which only is material, be cauSe it is on that Alone the Convietion proceeds.— It is in these words, " The Jurors present, that the Defendant ; Robert Higgins, did falsely, edly, and unlawfully solicit and incite one Janis Dickson, who being a Servant - , 6.-. c.) to take, em bezzle', and steal, a quantity of silk of great valtie, &c." " NOw, A persot in the great mannfanory at Mart. chester where this took place, or in any other great manufactory, forced to employ a great number,of men, a great many servants, must he in a woeful plight, if any ivicked man, for his own wicked purposes, for gain or othenlvise, may, with im. punity, thus solicit and induce any of those ser vants .(who have necessarily the confidence of their mister). to rob their master. Looking at this Coun.. try, Which professes to he governed by a system of law, and by such rul: - ;S as are subservient to morality, order; and good governmen,r, a man who had not found himself surrounded by a great deal of legal. ingenuity, would be a good deal astonished to hear, that this is no offence by. the law of this lard;, This, perhaps, - might not surprite a - great Lawyeti who looked at these things drily ibut in the mind Of a man, who had only looked among tis for the principles of Morality and good governthent, it would excite considerable astonishment. In the course of this proceeding, much has been brought forward, not to enlighten; but to perplex my mind; such was the effen of quoting some of the ancient authorities ; however; if modern authorities have had the effen of setting aside some doubts that at. tend some of the (tontine laid dovrn in the reports of some of the cases' (as f apprehend they have), it is a happy thing for the jutice' of the Country. I will lay aside all the civics upon acisions for flan. der. • What Judges would have decided in former times, if such a case as this had come before them, I do not, certainly, know; but I think Some things are stared in Reports, to have come from Judges, which I think they could not lave sciid. I. think, that When it is contended Lord Hoi.r would have said this was not an indiaable ofirmce, from what he is reported, in some cases, to have said, it is going too far. He has had words imputed to him, in the case of a bastard child, which he never did say, I am persuaded ; because it is contrary to jos.. tice,. and goes the extent of shev/ing, that to en%