The Sun. — London, England, 1804-02-17 00:00:00

th! ith IN, _1 7 2 i . T ., prii-v3y cu is Eoxeellency the E ar l of nA ttpwt•cicr held a ncil at the Castle on Tuesday last, when "it'd bulines'.', relating to Mercantile shipping and „ F; , • ''' — ine .affiirS was transaded. Sir EVA N NEP E AN was sworn of the 'Privy Conn -61, and rook his seat accordingly at . t h e Boaxd. ed . The Right H. Mr . . WicK HA i d , i t i s mention- , was to take his depar . .ure this week for England: I.l:i 'ee ,, ninils,i, n of Oyer and - Terminer will be opened on th e Satu r d ay next, b y the .Right Honourable Lot tn M AYOR. I t is said the presiding Judges w ill be Baron GE ORGE, ai. d the Hon. Justice DAY. -'w Grand Juries will be then sworn in 'for the City and. county of Dublin. It is not understood that an ate to he tried t hi s is t h ere F°4llflisskn on charges y o f treasonable practices ;: it Ufore probable the business. will not be. heavy. pori the North rolls, we 'inciters:and, it is now a shameful praCtice to charge travellers at same i . ons, • and oth e r' places, two Britih . giving i'l' silver change s, shillings, for a guine a note, while taking*iy .moot f 9r,anymatrer of fare that such Persons may have had at their houses.' , • - thYesterday an equestrian Lunatic aPpeafed about e town, whose sion s n ot a little a franti c harangues_ ;and. expres- m He w used th e " long _ eared rabble. " as mounted upon a black PoneY ,d ressed* in - black, • and had leather small clothe s ; round the. croW n of his hat he 'wore a reLl ribband;: brandielkipil• a ~ie in:llii, hand. .He went to allank we hear, to' detnind -Icsatitn he he had in ' it for se ve. rat ye ars . town he haran... gued the populace, caul tionseCir the against entrusting their tnone 'the t rn. particularly them to . be prepared to resisYt. i u n ot t rs ; desired this Country by the French, and Yttia bteemrP'atdyu.P9ton. drive and carry away provisions from' any'quarter where : they might land. ik also-leCtureti them to peruse the Gospel, and to a due observance of tell gton and the Sn.sibbath-day. - It is not 'Unlikly, if he. benot ' •an auefted-Maniac, that some pecuniary losses- have been the cause of his derangetnent, as he talks much of money transaCtions. ...„....___ • BRIGHTON, FEB. Is. . . . LADY,WARRRW, whose- tireadltil misfortune we before noticed,. we are sorry to•say, is at this time in so alarming a situation, that her ultimate re covery 'is -considered as nearly impcssible--The 'shocking. hurts which her Ladyship received,' w e are informed, would haire been in a. great - me:,_ prevented, had nor the carpet in the born to Which she was removed from the flaming chamber, been unfOrtunately nailed to thefiodr, as the domes ties had imrdediare recourse . to ir ; but being disap_ pointed in this assistance, they had no other •rernedy than by extinguhhing, the fire' of her Ladyship's garment, with their hands, sx Ilich.- after so,' tit tle, they at length effeled, but not until her Ladyship fleshhad endured the mnst excruciating torture, arid the hid been literally, blistered and stripped froth tie ha d hands, in his huniane endeavours to • overcome It. Yesterday her Ladyship was con ceived to be somewhat bette r ; hut to-day the ac count are Most 'unpleasantly the reverse. • - By ,a Gentleman arrived from Middleburg?) we - learn,' that tiq Dutchman, Or Other person, can !trove vvithont doors in the Island of Walcheren, who ha's not a, pass frorn the FrenchsGeneral for which they pay nine slivers each ; and .it appears, that ..the French °filters take.all •the'duties at Flushing, without giving their hosts one saver •;' this of course . Occasions serious discnritent, ' • ' A letter'from a Naval Officer belonging to one of our Crniiers off' the Dutch'Coast states, that on §unday last .a, hundred and fifty sail of es, were distinEtly •counred.in the port Of Flushing ; and- that, aecording to the. information derived from some Fishermen, the Troops in the neigh bourhoetd::of that place amontited to about so,000t• .„norabirelit whom daily embarked on board - the !',21 .4.kransports by way of exercise ; but in :I.l.teZt_n]ittl,ites'the Flotilla never ventured beyond. E c u i e r t : vn ib s i- the - land batteries. Several of the employed as ' $ Oaainteei ColiaWielrdt the ,who with Frenchmen, who are c.onduCt of the unfortunate inhabitant's : _ . vices, which reached town - yesterday, state, that the tarter are obliged to liar_ chase permision-to pass certain presCribed biintlda ries, .while the' forner arc iiiider nit restraint whin ever. - . • The - Bishop nfCll tc x EsTe.it. has appointed the key. Mr. PARSLOW, of Hampstead; to the Curacy Of . 8r.,- Giles in the Fields, , in the room of the Rev. Mr. KEEDox, deceased. . General STuAlcr has signified to The 01-Eeetti of the Foreign Brigade which served in Egypr,, His Mjesty's Permission to wear the Medals transmit ted to them by the GRAND SEIGNIOR, for their to gallantry in Egypt, on the memorable 21st of IVlrch. • • An overflowing Audience list bight attended-The Soldi er ' s Daughter and Cinderella, at Drury-lane Theatre. The Theatre was nearly full from the openink. The. Comedy is, indeed more than any that has been seen for a lung time.popular The Tragedy -of The Gri y supp orte d l ast n i ght at C an D aughter was abl XEms L E i n ovecent-arden Theatre, by Evander, G and Mrs. SionoNs in t: uphra hia. , C. KEMBLE in .Ihilotas, arid B RUNTON ' in Phocion, a l so contributed a respeCt a bl e aid to. the an piece'; d CORY appeared to more than usual ad, vantage in Dicirysius. The audience seemed to re. fer t h e sentiments on usurpation, and tharaft of Diousius, t o t h e conduct and charader e of ch BO.'NA er PARTE, by hearty tributes of applause. . . Mr. HOLMAN'S Comedy,- according to report, i s an d p to he c a ll e d London. This i s a very pregnant title-, rOMises inexhaustible variety. Indeed; the chief embarrassment of an Autho r w h o chases such a prolikAgibj • ett, must arise from the 'difticulty of selrai on. The Hanover square Rooms have been finished at a considerable expence for the Concert of Ancient Music. The present state of His iVIAt ESTY'S health . howev er f orbids us to hope that he will be able to eni.Jn. joy his favourite am usement on the ensuing occa s 1,1 - 11 1 REPORT. COURT OF KING's BENCH, FEB, 15 SITTINGS AT GUILDHALL. WHITNELL, EXECUTOR. OF -HUSSEY, v. SKENAN. THIS cause originated in a contest between a couple of the fraternity called Criinfis, for I I gut. neas crimpage money, which the Defendant ha'd re. ceived, but. which it was contended the Plaintiff was entitled to. By the evidence•-bf several per sons engaged in this profession, it.appeared, that it 'was the custom to pay three guine'as a man for pro. curing able seamen to serve in die East India Ser vice. The Defendant had put on board the Corte Etst Indiaman, five seamen, and received from Messrs. Prescotts, the owners, the 'Slim of t.;' gut neas, as the regular crimpage rrioney, he affirming . that he had procured them, and the men carried on • board affirmed the same thing. F6r the Plaintiff, it was contended, that he was the person Who - had aEtually procured theseseamen, and that the Defend ant, only as an ad of friendship (his boat going down the River), undertook to put them on board the Ship to oblige the Plaintiff. Some WitnesseS Were called, who stated, that these men had lodged and boarded at . the hotise of the Plaintiff for sorn^ days . previous to their being shipped, and one of the' sailor's wives swore, that the Defendant had pro_ raised the seamen that he would give them or their wives a - guinea a piece if they would say, When: they got on board, that he was the crimp; and roof=. the. Plaintiff. Induced by this promise, the teen said so, but when the women came back he refused to give them the guinea he had promised. The Jury retired for some time in this case, and at last,found a verdiEt for the Defendant. WILLIAMS v. SIMPSON. These were two actions between the same parties, arising out of ifie following transaction. The Plain tiff, a, young man, wishing to open a Manchester warehouse in town, took a warehouse of the Defend ant, to commence froni Christmas, i Boz ; but be fore the month of May, he got under some embar_ rassment, and was a prisoner in the King's Bench. The Defendant thought himself justified in putting a Padlock upon his warehouse, and keooing- his bro ther, who aCied as his servant, out. of pos4ession, and alsO lett the warehouse to anothc;r persoa. The first action was for goods sold to tti4 Defendant, to which he set, off the rent from the wicklie of De_ cembe r 6.11 May ; but it appearing that the. Plain tiff' was not to pay rent till Christmas, and that•the Defendant ejected him before the half year was due, 4.Pditlckilz the door when he was in prison, th e iVry disallowed theset.ofT for . rent, and frond a verdict for the Plaintiff. The second aaion was for the trespass it ejeeting the Plaintiff, by padlocking the warehouse which he had lett to him, before he had put him out of possession by regular process of law. The LORD CHIEF JUSTICE told the Jury, that conduct of the Defendant had been irregular, in asmuch as he had taken the law into his own hands. ---Verdid for Plaintiff. THURSDAY, FEB. 16. SITTING,I BEFORE LORD ELLENEOROUGU IN WEST MINSTER.HALL. SEVERAL causes were postponed for the day, on account of the absence of Gentlemen of the Pro fession of the Law, Barristers and Atto:nies who are Members of the Bloomsbury Volunteer Corps, which was this day inspetted, an occasion upon which there is no Military excuse taken for absence. Several other causes went off on account of the . non-attendance of Witnesses, so th a t t h e b us i ness o f the day amounted to very little. IMLAY v. MULIAL. Mr. GARROW said, that the Plaintiff, Mr. Im lay, was a Merchant ; the Defendant had been a Dealer in Lace. Some years ago, and in the late War, the Defendant was at Havre, in France, a Prisoner, in a state so deplorable as to be afraid of starving. The Plaintiff happeningAp find him there, took compassion on him, and-lent him tool. Some time after the parties came to England, an ap plication was made on behalf of the Plaintiff to the Defendant for payment of this money, when he acknowle,lged the debt' with gratitude to the Plain tiff, saying, he did not think he should have lived long if it had not been for the benevolence of the 'Plaintiff. Afterwards he declined coming to a set llemenr, and the present anion was brought against him, upon whiCh he.pleaded the statute of Limita -tions, namely, that he did not undertake and pro mise, to pay within six years. But this plea would nat avail him, for he acknowledged the debt to a Gentleman who called upon him for the payment of it in the month of January, iBoz.' Mr. GAR Row said, he believed the Defendant was become very ,poor, and that could only be his apology for this defence. •He hoped his poverty, but not his will, consented. A Witness proved this acknowledgment of - the Defendant. Mr. ERsittNE said, his case for the Defendant was, that this money had been lent on ,the credit of another person, who was to pay it instead of the Defenda-nt, bur as he had no Witness to prove it, he would not talk about it. Verdictfur the Plaintiff—Damages tool. WATSON v. SANDY. The Plaintiff is a MOstard Mantifatlurer at Lam. beth, the Defendant a Shopkeepe r at Salisbury. The latter had given to a Mr., Wright an order for a quantity of Mustard at the price of sd. per lb. The Plaintiff, who had succeeded to the business of Mr. Wright, soon after the receipt of the order, had executed it at 6d, per lb. Messrs. PARKE and RICHARDSON, for the plain_ tiff, stated the nature of the traosadionA.and, pr,oved that two applications had been made:,t fenda nt f or payment in May and Seplito ghe De -5,r,.:1802. Mr.GtEBS, for the Defendant, said he,w' as a very honest and stupid fellow, in whose house he, the Learned Counsel, had lodged a long time, but that this was not an occasion on which his stupidity could be of any disadvantage to him. He had of fered the price for whick. the order was given ; that price was refused, and the Plaintiff, who seemed to be as hot as his commodity, might have his Mustard rcturnQd to him I,vbeneve,r iKt,shoula giye.dictaiohg fur its s'urrender.--Piaintilf tiins'ulted. IiAVI€V. CLARKE. ,The Plaintiff was servant to the Defendant; who is_an iron-founder, and this atuion was brOught for damages, in consequence of the master. .hiving inflifted a very severe corp9ral punis4ritent on the servant. The Court Were kept a, consider able .time in -waiting on account of 'the artful -ab senee, of. four Witnesses who were now servants of the Defendant. One only at last attended, who would depose nothing material to the fats stated before the. Court. The othe rs w ere ca ll e d upon their subpltena, ‘. which commands them, laying. aside, all pretences and excuses, to-appear- at the trial on f ain,of tool. to be forfeited to the. King ; to which the Statute of the s.th Elyz, c. 9, has added a penalty ofkol. to the party aggrieved, and damages equivalent to .the loss sustained by-want of such. evidence."—Plain nonsuited. TURING AND OTHERS, EXECUTORS OF MARY TURING, v. THOMAS JOHNS, EQ,. This anion was brought on a bond given by the Defendant for the payment of 1501. a yey in guar teily instalments. It appeared, that twenty instal ments were dUe, and the bond having been admitted in the pleadings, nb valid defence cotild be at temped.---Verdin for the Pl a i nt iff, 7501. COURT OF COMMON PLEAS, FEB. is. HARMAR AND ANOTHER V. KILLING. This was an aaion brought by the Plaintiffs, who are,brandy merchants, in London, to recover from the Defendant, a tavern keeper at Portsmouth, the price of a pipe of H o ll an d s f urn i s h e d to hi m . The Defendant was known to the, Plaintiffs to be an in fant at the time.of making the furnishing. It was alledged, however, that haying acknowledged the debt, and promised payment of it, after he came of age, any plea on the head of non-age had been abandoned. It appeared in evidence, however, that when the Defendant made' the promise, he was not aware of the efna of it, but that he did so under the dread of an arrest with which he was at the moment served. In thee circumstances, his Lord ship recommended to' lhe,Jury to find a verdift for the Defendant, ‘vhichlltry accordingly did. SITTINGS AT 6 `)Iri'STMINSTER, FEB. 16. LIMITATIONS BICKNELL V. KFPPEL• ' This was an action brought by the ylaintiffagainst the Defendant, Admiral Keppel, to recover an old delft of twenty.tWo years standing. The two questions that arose were, whether the Plaintiff had a debt due.tohim at all ? and whether there ; was such an acknowledgment on the part of the - Defendant, as took the debt out of the Statute of Limitations ? The evidence on the part of the Plaintiff .was, that a debt had been due to him, about two-and_ twenty years ago, from the Defendant, who was then a Captain in the Navy, and not very able io pay it. The amount of the debt did not precisely ap pear, as the proof ofits existing at all, as far as appear.. :ed before the Court, was np more than a piece of pa per, purporting that the Defendant had paid the Plaintiff 5531. on accouut, from 'vvhicit it rnight be inferred that something more was due. 1E was then given in evidence, that the Plaintiff, long after six years from the time when the cause of action arose, sent a letter to the Defendant, containing a demand of 701.-as due from him to the said Plaintiff. The Defendant .returned an answer referring the Plaintiff to his Attorney, Mr. Cocker, Nasiau street, Soho, by whose advice he always regulated his affiirs,' and stating, that he would inform him as to his determination and ability. Serjeant SHEPHERD, Counsel I'm the Defendant, insisted that the Judge was to decide upon this let_ ter, whether or not it Was an acknowledgment of the debt. Serjeant COCKELL , . f9r,. the Plaintiff, contended that it was a qu est i on of fad} for the Jury to deter mine. L-►rd ALVANLEY mentioned- a case where Lord KENYON had decided on a letter of this sort, and on that accjunt the Court had sent the cause back again to a Jury, to . whom it was submitted as a question of faa. Whatever, - therefore, his o wn opinion on the.merits might be, he was bound to submit it ,to the, Jury to determine,. whether or not the Defendant's letter was an acknoWledgment of the debt. He, therefore, directed the Jury to consider, in the first place, whether any debt was d u e and, secondly, whether.aere was such an - ac. knowledgment as would take it out of the Statute o f Limitations. The Jury retired for about half an hour, and then returned,. finding a ,verdit for the Plaintiff, to which they said he was entitled both in law and justice, for the sum demanded, which was 701. CORN EXCHANGE, FEB. 17. WHEAT is here today in good supply ; from the recent reduEtions and further expected, sales are made only for that in immediate request, which is a trifle lower ; the fine Dantzic 575. Barley and Malt at little variation in price ; new Beans are rather cheaper; Oats are in good plenty, with some Foreign Cargoes, and many expected, this article has somewhat better sale to.day ; Flour is plentiful. Wheat ,25$ a 35s a Sts od Fine ditto -52 s a 53s od Rye -28 s a 31s od Barley = - 18$ a z3s od Malt -4asa 55s od White Pease 32s a 39s od Bea ns - zBs a 34$ 6d Tick Beans -24 s a 315 od Oats -16 s a as a zis od Poland ditto 22,S a 23% od Rape Seed - - 34 1 a 37 1 Fine Flour -37 s a 42s od Seconds 335 a 37s od An accident, which threatened to be fatal, hap_ pened.to a Lady in Hamm;Garden, on Wednesday afternoon —Going into the kitchen to see the stare of forwardness of the dinner providing for a party of friends, her clothes caught fire. By Ivr shriek-, John White, a constable belonging to Hat ton-Oar den Office, wa s alarmed, and got into the house seeing her in flames, he tore her cap, handkerchief and apron o rr h and b y this t i mely assistance saved her life, OLD BAIL E". SECOND DAY.- - -THURSDAY, FEB. 161 CASE OF M 2. ASTLETT. IN the.early part of the forenooneßobeet Ihilei , was .brought •to,the bar when Mr. Baron 1 - 10T“A%t id4ressed him relativs,,to his conviction, 'and the decision pf the twelv'e Judges upon 'his case. .‘ The. Learned Judge observed •to him,-,that „he had been flied and convidedin thatCourt r in the Sessions of September,lBo3; for embezzling C.:rtai;iExelieque Bills, he being then an -o.lfiec l in the service of thd . Governor and Company of theThnk of 17, , .';gland, and having such gillS in his cite and Custody. - The Indidment stated, ~that lie being an Officer , entrust. :ed with 'certain paperi,ecamMorny Called Eichequet" Bills, one of which was for theiutn. of sob!. be- P lOtigifig to the gaid:Goyetnor and Company, and alsb 'several otheri lot' different sums, which he, be ing so' employed, did feloniously secrete and take away : it wasadmitted;, that those Exchequer Bills were not sit-idly legal, not having been signed by a person duly authorised by povernment, hut that he' was i cdneided, and his judgment respired, in order that his Counsel Might submit to the opinions of thejadges what theii appeared to him relative to his case. Eleven of the 'Judges had since attended in , the Exchequer Charnber,,and the objeaion taken by his Counsel was fully and ably discussed. The Judges had since sat in conference together upon the I.ibjeellnd it now became his duty to inform him (the Prisoner) of the result of their mature delibe. rations. IT had been arguedin his flivour, that he could not be .convicted under the tethof Geo. Ir. as the 9th Geo. 111. repealed the former : on this point, it iwas.unnecessary on the pr sent occasion to dWeli e as the Judges were generally of opinion, that there was nothing in the last-mentioned At that repealed the Other. The question was, whe -ther the Bills were effeds within the meaning of the Ad? And the generalopinion was, that they were effeds within the meaning of the Aa. [Here his Lordship :read the Preamble, and Extrads from the At which justified the decision.] The great ob jed of the Legislature, he observed, in framing the AEI, was to afford additional security to the Bank. The principle of legislation must be considered with a reference to .the general utility, and when the Law was considered in the large and liberal view in which it was framed, the recollection of 'the 'ire- mense quantity of Exchequer Bills in circulation should impress upon individuals the idea that they " were fairly bought, and became the- property of the - Bank for a fair consideration : it had been argued, that the Bills, in question. were not such as came on. der the A6I, yet they carry a validity of the great. est imrortance to the Bank. It was expressly stated in the Aa, that the offence .of embezzling such Bills was felony ; they were therefore such a spe cies of security,' that no man would hesitate to re_ ceive them. Were, for instance, an Insolvent to omit placing any. such Bills in his Schedule, every • honest mind would revolt at the idea : in fad, many cases" might . be found to corrobaratc their validity. It had appeared, that if trifling articles belonging to the were considered effeas under the Sta_ suite, it inight lead, to make old sumps of pens and ;blotting parer of that description ; but the Judges h a d only gone to such effcas as were trusted to the servants of the Bank. The Bills in question fell under that consideration; as the Judges were of opi nion they were effeas according to the isth of Geo. 11, and that the embezzlement of them by him (the Prisoner) subjected him to conviEtion, on the Count upon which he had been found Guilty. [Th6 offenee of which Mr. Astictt was convicted is not a Capital I.e . lony. He will he brought, up to receive Sentence in common.witli the other Convicts at. the close of the Ses.. Robert Hassard was - charged with feloniously stealing, on the 31st of December last, a pocket book, value one shilling, the property of - Peter Forsynees, containing a banker's cheque for 2.01. the property of John Fawley and Thomas Ward. Peter Forsynees stated, that he is a cabinet maker, lives in Wardour_street,- Soho, and works with Messrs. Fawley and Ward : on the day above mentioned, he was . sent to i'Vlessrs. Masterman, bankers, with the cheque in question : as he was passing through Lombard -street, between four and five o'clock in the evening, he met four well-dressed men together ; of these he was sure the prisoner was one. He asked them where Magterman's bank was situated ? One of them said it was higher up. He immediately crossed the - Way, and had the precau tion to keep his hand on the pocket-book, which was in one of his coat-pockets ; however, before he had got quite to the other he felt another hand in his pocket, and the book instantly twitched out ; he immediately turned - round and caught hold of the Prisoner, who was quire close to him, and said, ." You have got my pocket-book." The Fri soner replied, in a loud voice, " What'l are yogi going to rob me .?" 'and gave him (the Witness) such a clout on the head as fetched him.down ; the Witness made an outcry, and called out, " Stop Thief !" The Prisoner ran off. Several persons pursued him, and joined it the cry of, " Stop Thief," which' the Prisoner himself vociferated as lustily as any . other. He however, ,fortunately, ran into an alley (Sweething's) which was no Eh°. roughfare ; in thiS place a constable, who happened to be on the 'spot, arrested his progress, and took him into custody. The Witness was sure of the identity of the, Prisoner, he never lost sight of him", save the moment of his turning the corner of the Alley. The'r - e were two others near the 'Prisoner when the Witness first laid hold of him, but these got off. John Barrett (the Officer above alluded to), d staf.. ed, that bet Ween four and five o'clock in the even. ing, there was an alarm given near Sweething's Al, ley, and a cry, of stop thief,' several persons were running ; the foremost person, and the one apparently pursued, was also crying "stop thief." This was . the Prisoner. He saw him advancing so or 66 yards before he came close to him; the Prisoner ran into Sweething's Alley, where he caught hold of him. He said he was entirely innoc-nt of the busi ness, and that the real thief was gone on. How. ever, he saw tharthe Prisoner himself was the first person in the cavalcade, and he proceeded to search him. In his possession were tound two pocket h, -, tics, one contained two one pound 'lutes ; the other i‘r.,it