The Sun. — London, England, 1806-12-10 00:00:00

L' .nf : G~FTo 1 Dc. 8. THE weather Itai bee. very, uncornfortable at this pla e o. some, au 1 yeste - day it blew a hurri cau. iin from tut South-Wes% which so increased rowards the evening, that, prior to the return of the tide, tht: fishermen were compelled- to remove their boats from the beach to the slope and margin of the clitf, to prevent their being swept away by the flood. But few or , :ur Fashionabies were to be seen in pub- . die yesterday. The PitlNCE,'between the showers, we observed :on the road to the west of the Steyne. In the eireu ing His Royal Highness a very numerous prty •at the Pavilion. The entrance-hall, the grand . salcon, c i autt-room, the observatory, the Egyp, or lung gallery, the banquetting4oom, \ to the north, and, in tita,• the whole, suite of apartments, 'on this occasion, were very brilliantly :illuminated. The Marchioness Of Dow NSHIRE,, the Princess DE GEREBTZOFF, Mrs. FITZHERBERT, the 'Marquis and Marchioness of WATERFORD, Lord - and Lady BANBURY, Lady CLARtES, °ens. PORTER and HtrooNirr, and the principal Nobility here were -=present, The concord of sweet sounds enlivened the vicinity of the Steyne until a late hour. Mr. , LATOUR 'Mee more very highly distinguished himself by his exquisite performance on the piano -forte. To-day all is preparation for the ball at the Castle in the evening. The PRINCE will certainly be there, as will As 'almost every in di v id ua l o f f as hi on i n th e t own . , f" The PRINCE had declared his intention of leaving this place on Wednesday next; but we are happy to state, that his Royal Highness will now post pone his departure at least until the end of the week. - Major Bnoorartr:Lo, Of the Royal Artillery, is promoted to the rank o f Colonel. The New I7oik Papers to the 9th ult. ,contain se ♦eral paragraphs in which Colonel BURR is indirectly charged with treason, and an attempt to' excite re -hellion in the Western Country. These charges are 'made in a very loose and vague manner. The New York Chronicle states, that the Cambrian Frigate, one of those English VesSels lately complained of, had recently boarded an American, and although three of the crew were without protections, she did not press them. Ministers yesterday received an account of the punishment to be inflicted on General MACK for his perfidy: he is to be imprisoned for life, bound in chains. Marshal Dußoc, who is now so high in the mili 'tarS=estimation of BONAPARTE, is an Irishman, whose Teal name is Roacu.. He landed in Ireland iirkium- SERT'S Expedition, and was recognized at Dublin - Castle by several Gentlemen, who know him well, 'And yet he was suffered to be exchanged as a French Oitieer It is rather ektraordin ary, even in these extraordinary times, that - Cardinal keascx, who might be expea td to shew some regard to his sacerdotal character in the eyes of -mankind, in his recent Pastoral Let ter, should speak of restoring Iranquillity by the ..,Sword. This i, strange language tbr a Christian 'lister of the Gospel ;• but it should be remembered Indeed that he is a Pi jest of the revolutionary order. The Dial at the Horse Guards, which has so long been the criterion of regularity, has been some time nt.a stand. This is a circumstance rather unfavour- Table to assignations, particularly if the Lovers should have 'no means or counting the hours but their wishes. There was somewhat of an insulting waggery in the manner of taking .posSession of Hamburgh, for the Heads of the Government were intbrmed that the Great NAPOLEON implored Heaven to take them into its holy keeping, at the same time that lie was taking them under his own pious protection. 'The theatrical entertainments at Stantriore i Priory are, it seems, .to be resumed at Christmas, and the Lordly owner of the mansion has invited a very large party to join.in its annual festivities. - If The Rivals should ewr be represented again on the Breiitwrd Stage, it is by no means • likely that a certain Baronet will appear in the charaEter of fighting Bob. The LORD MA-TOit will go in state to-morrow, from the Mansion-house to Guildhall, to hold the first Court of Common Council i❑ his, Mayoralty. The Lord Lieutenant 'visited the . House of Indus tfy; in Dtiblin, on the 29th of last month, and laid the first stone of a building for the reception of 1000 Poor - Children of every Religious Detiomina non. His Grace was pleased : to permit it to• be called Die .BecOivd Asylum. AtiennoTe..—;-A little shambling journeyman tai lor, of Live feet ; scarcely higher or thicker than a skein of thread, with every endowment of countenai ce, voice, and deportment correspondent to such a figure, wat td -upon GARRICK, and requested to be received as a candidate for public favour, adding, that he had fixed upon the charaaer of Richard the Mild for his .first appearance. " 'What, ha—hell—What -what ! Richard the Third; say you ? Egad a bold attempt !—Have you studied the part 1" said GAR -IIICK.---" Yes, Sir."" Rehearse—rehearse a speech then," said GARRICK, surveying htm all over. The tailor, nothing dismayed, got at once into the ,bustle of Bosworth held, and proceeded, in a shrill' tremu lous treble, like that of a superannuated old maid, to repeat " A thousand hearts are swelling in my bosom; " Drawarchers, draw your arrows to the head, " Spur your proud horses hard, and ride in blood; " And thou, our warlike champion, thrice reno)vn'd. " St. George, inspire me with the rage of ,ijons." Just as.he ( - 2irne to the words; " llage of lions," his eye caught those of GARRIC K, who had purposely isunamoned up all the terrors of his countenance for the purpose, which so dismayed the tailor, that he ran away in horror aid .trepidation, convinced (a little too late, however, for. his credit) that' he was better calculated for fingering the goose and the treedle, than for wielding the sword of Richatd. Lord WILLIAM GORDON has been Hdviscl,to -re move an accumulation of mud close to his Lodge Gite in Piccadilly, At least it would be proper if his Lordship wet e:to illuminate his lamps, that peaple might avoid the miry mount. • Died, on the 4th inst. at the Hasles, near Pres cot, of a rapid decline, Miss EI.EANOR Bitten, aged a, second daughter of Ju zit' Bittcu, lifff 7 REPORT, 'COURT nE CAANCERY, ruactu. v. MACNAMARA.. This was a motion by the SOLICITOR-GENt Oat Me4,sts. Maedonnel, Orme, and others, Proprie tors dnd.Editors of the Morning Herald and Morn ing Post ; George Farquharson, Reporter 144 the former, and John Macnaniara, the Defendant in the above cause, should respedively stand imprisoned in. his Majesty's prison of the Fleet, for,publishing, a certain Report, purporting to be the proceedings in this Court on the loth of August last. Those for whom the Learned Counsel pleaded, did not wish to appear on the present occasion for any vindidive purposes. The Editor of the Morn ing Post, in particular, seemed to be free from all culpability; and however unfortunately his. Paper might have been made the medium of error, his only error appeafed to be; reposing in his Agent that confidence which the latter did not deserve:— The intention of 'the SOLICITOR-GENERAL, in ap plying to his Lordship; was not to complain of particular passages in 'the Report, although there were certainly such as ,were incapable of any jus tification ; but the complaint .was direded against the whole account,—that the publication was made with the view to vindicate the conch& of a party which deserved. the most severe ani madversion, and to • exhibit before the public as nefarious, the deportment of thOse who had been the. unhappy victims of artifice and op pression. This attempt' to mis-inform the public mind was made in the Newspapers alluded to, on the date noticed, in a series of paragraphs, called ". A Statement of Etas," in which the history of the family of the Plaintiff was said to be detailed, and which was mis-representation from the begin ning to the end. His Lordship would recolledthe deed executed in November ) 1786, at Calais. By • that instrument all the remains of the property of . the family of the Plaintiff were conveyed to Mr. Macnarnara. The Lady had been prevailed upon to execute it by fear—after the execution she was in a state ofdistrad was ion, and in that wretched con dition she carried away. His Lordship would also recoiled Mr. Macnamara's own account, where it was stated, that he used no harsh words ; that'he only reproached her with her ungrateful ,folly—told her that she should not have a shilling from him, and that for her subsistence she was destitute of every other resource. In the Report alluded to, Messrs. FONBLANQUE, THOMPSON, and AGAR, who are' all honourable men, were Said to have given it as their opinion; that the decision in this cause was manifestly un just, and that a re-hearing would obtain redress. Then Mr. Farquharson. proceeded in his account, and said, under the ostensible authority of Mr. FONBLANQUE, that all the instruments which had been rendered a nullity in the course of these pro ceedings were framed by the Defendant with a view to the interests of the Pnrcells, and would have operated to their advantage, if it had not been, for an infamous conspiracy, formed by them, in con junction with others, against ;Mr. Macnarnara. Then Messrs. TU . OMPSON and AG - AR were represented as asserting with confidence, that the event of the trial would establish the purity of the conduit of the De fendant, and would terminate with the exposure of the wicked machinations of the Plaintiff .and her • advisers. Sir SAMUEL ROMLLLY here proceeded to ex amine various other parts of this Report, and com pared it with the affidavits which had been filed, and'particularly with one of Mr. A.darn, in \Villell all the material fa&s were broadly contradifted.— It was not denied, that the narrative adverted to Was dictated by Mr. Macnamara ; that , the speech of Mr.,Fonblanque was quoted under the same authori ty ; 'and that Mr. Farquharson received a sum of • money for his compliance. The Learned Counsel concluded to the following circa :—" It was objea ed by Mr. Agar, that I had Used the phrase of a de tail of , all the proceedings, instead of .saying a full detail, which was the expression in the Atfi davit. The truth was, that in my brier the ad je6tive " full" was omitted'; but had I knownof its introduction , I should not have thought it ne cessary to have so stated it, for a detail means a full detail—it only seems that the person who prepared the Affidavit is somewhat deficient in good taste, and that the figure called a - pleonasm he has no obje6tion to employ On an improper occasion. I admit that it is a great advantage to the country, that publicity should be given to the proceeding§ ; I' allow also, that slight errors are no tit subjed of complaint; and yet farther, that gross Mistakes, if not committed with any dishonest intention, ought nut to expose the party misled to punishment ; but what I complain of is, the fabrication of such narrative for the supposed benefit of parties, who, regardful only of their own interest, care not what sacrifices they make of the honour and charailer of individuals, and who are indifferent to the honour and dignity of those persons who preside in our Courts of Justice, and who would make the unsul lied name of the venerable Judges of the land sub servient to their. base designs." Mr. HART,- onAhe same side, now proposed that certain.atfidavits should be read in support, of this At the request of Mr. NfacnamAra, all the 'affida vits, as well a 3 the general statement referred to, were read ;• after which, l‘ir. HART said, t hat this was a proceeding ground ed upon a supposed contempt, and that two ques tions immediately presented themselves for his Lord ship's consideration st, lithe matter complained of were a contempt of the Court ? and if it were so, 2dl y, Whether trie' persons charged with it were so fixed with the offence as to render them amenable by attachment ? They had' been unneeessarily.de tamed with all the affidavits ; but if these were read, it was fit also to expose in the same way the libel- . lous publication. In two respects this was con 7. tempt ;—it was so to the parties, and to the 'Court itself. • (The Learned Counsel here entered into the va rious minute particulars of which this contempt ap peared to his mind to be constituted). The Lo RpCH ANCELLOR.--" Supposing this pub lication: to be a libel, how is that a contempt of the Court :that would bring the parties in this form within its jurisdi&ion Mr. HART.^" I do not say that this Court takeS coo;izatrce of matters of libel in general ; yet what is published of a libellous . nature agAinst a Court of Llii7 its authority ; and a Court of Equity,in'such cases, has a concurrent ~urisdidio i." . . The torn CHANGF.LLOR.—" What the Courts at Comiton Law can do, that I may do; but cases apply in support ofthe present motion ?" , Mr. ii r taT replied, that there was one in .c.! At kins, 46i). In this Reporter it wasanonymottS; tith he believed it was given in Dickins, under the 'lathe of John Roach and another ; the contest was be.. twcen Champion ani the 'Conduetors oea NewS paper, and his Lordship might recolleet, that, andGoi'don were parties to it. _ _ The Learned Counsel here entered into a de tailed examination' of the case ; in the squel re chilli the ()pinion of Lord flardwlcke given on, that 'occasion ; from all which he deduced these two positions, first, that scandalizing the Court is a contempt ; secondly, that abusing the parties is the same offence ; 'and under both these the pre sent case obviously devolved. Mr. HAL' was con vinced, that no man would treat with more indif ference than his Lords,liip, sitting in a judicial ca pacity, any abuse, public or private, against him self; but his Lordship presided in the Most just, and, generally speaking, in the most useful Court in the Country, and the dtity imposed upon him was not for his own prote&ion, but as the appoint ed Guardian of this venerable institution. The Learned Counsel. next 'adverted - )to the second part of his argument—whether the offence were so bronght hoMe to the parties; that it would autho rize the intervention of the Court in this exercise of its acknowledged jurisdiction ? He hereexamin ed the various circumstances as they appeared on the face ofthe affidavits ; imd concluded with asserting-, that the parties were implicated, and that the objet of this motion should he granted. 'Mr. THOMPSON, on the part, of Mr. Macnaninra and Mr. Farquharson, replied at considmible length. He Said it was one of the most extraor dinary proceedings instituted in that Court within his recolle6tion and the only material question was, whether there had been any such contempt of the Court as had been pretended-? The terms " libelling the justice of the Court" he could not at all understand ; he knew what it was to libel individnak, and what was the remedy by damages given in' the Courts of Law in such cases. He had said it was an extraordinary proceeding, be cause there was not a single case in the books plicable to the present motion. The particulars related from Atkins were not at all referable to it : the only point of semblance was' in the obje& or result proposed—Which was to commit the parties. The SOI,ICITOR-GEN E RAL had admitted the value of the right of the subject to publish such reports : it was, indeed, a great and inestimable right, be cauSe it was one of the strongest securities for 'the pure and. equal administration of justice. His Lordship wetdd recolle& the case -of Currie-and Walter, in which the speech of a Counsel had been stated in The. Times. The cause was tried before Lord Chief Baron Evre, who held that the publication being correa, the a&ion could not be supported._ ' _ . The ; Learned Counsel here entered into an ela borate review of the opinion quoted under the an thon of Lord Hardwleke, and not iced.as a material distioaion in the present case, that the obje&ion to the report there Was, that the cause was yet undecided. -- The LORD CHANCELLOR.--" That was pendente lite." • . The SOLICITOR-GENERAL: 14 At lel SO is this, my Lord 3 and the more material part is yet to be decided. lam sorry to use a Larsh expression, but I conceive this publication to 6e a threat to tlw . Court." Mr. THOMPSON.— ClO you u,:e it ?" ." If it give you concern, why TheSOLICITOR GENTAIAL.---6" I use it with re gret, as I often discharge painful duties with re luaance ; I distinEtly assert that, it is. both a menace to the parties and to the CoUrr, and I contend, my Lord; that this is a serious aggravation of the of fence." Mr. THOMPSOI.7.- 1 ` I had no doubt but that the Soucerea-GENiitAt. would insist upon whatever he - had once affirthed. Wyatt, in referring to this case, notices the particular injury sustained by certain, parties to the. cause, in consequence of the pre judgment before it was determined. Suppose a private or public, lettei• in the• newspapers were written to influence a witness;, this would be a con tempt. There was an example of a peison adver tising for witnesses . to prove a marriage; would this be a contempt." The LORD CuANctrAox..—" That might depend upon how, the advertise.netit Was worded." TiiOINON said, stint it was .a general in vitation, and offered ,a. reward for the deposi tion. The Learned Counsel had great difficulty in dealing with these charges. Sometimes particu lar wissa,;es.were 'ebjeeled to, at others the whole was tbe siabjeCt of general censure, as if not a single circumstance, not even the most indiffer ent, wore correct. The Court, however, would not be satisfied with this lumping accusation, al though the SOLICITOR-GENERAL, and Mr. ADAM, in his affidavit, dealt with the report in the same way, and called it all a gross and malicious fabrica tion. His Lordship would require that passages should be distineily and separately stated, and that. their falsehood should be established. The LORD CHANCELLOR.-.-" ThAt is the point to which. Mr. Adam's Affidavit goes: he first says, that the report is npt corred, and then he proceeds to chew in what the inaccuracy consists." After some further remarks on the testimony of Mr. Adam, Mr. THOMPSON expressed his astonishment at the reliance of the Counsel on the other side, on the constru6.lion they put on certain civil things his Lordship was pleased to say respe&ing his acquaint ance with Mr. Macnamara. The LORD CHANCELLOR.—a That I suppose is no subjea of complaint. When I said that I had known Mr. Macnamara all my life, I did not mean that these expressions should in any way impeach . the judgment which was given. It was my duty to look at the cOnduel of the' Defendant in the case before, not at his, history unconnected with these transa6tions; and by that particular conduct my decision kif a S to be guided. Supposing the af fidavits were to impute any contempt to Farquhar son, it is enough that he denies it. Here is no Trial by ,fury I can proceed only on, his admissions." The SOLICITOR GENERAL.--." Here the Court .requires the 'party tQ answer upon Affidavitsi, and then, if necessary, upon interro.gatoris. • If he boldly deny the truth, A poceeuing is instituLa against him fur swearing falsely." y The LORD CHANcfflzott,—‘" What is pliarged, Mid not denied by the affidao of the party, w ilt be taken pro c . onfivsa, and what so remains tinun thilitled, is the corpus Mr. TRomrsoN concluded With observing, that iio incorrectness in the report had yet hen satis-, r s aEtOrily . proved l" but that if it had been substan , tiated, the inaccuracy I.voUld apply fu the printed report, which had been varied by the Edit;ors from the original manuscript, and over which, neither Mr. Macnatuara nor Mr.-Farquharson appeared to hare had any controul. L . ~ r i . roH M Mr. AGAR was preparing tb OW r. THOMP SON on the same side, when the LORD CHANCEL-. LOR intimated, that he should not proceed further until to-morrow--(this day.) . Thursday last as a party of the Royal Artillery' were pas Sing over Kennington Common near Ash. ford, one of the ammunition boxes in the back of 4 howitzer tumbril, containing•4B pounds of gunpow der, suddenly blew up, carrying to some dis:ance an unfortunate gunner who was sitting un the fbre part; by which his thigh was Irk-lured, and he was otherwise so much injured, that a locked jaw ensued in a few hours, and the following day he was leased by dexth. The adjoining box did not ex , plode till about five minutes after, but happily the only damage it occasioned was, to one of the 'horses drawing a gun next behind, which was struck by a splinter with such violence as to take . a large triatt elkt piece of bone off the skull, immediately tween the eyes, leaving the hrain anJ cav - ,1,-: of the head entirely exposed. The animal, notwith' standing, is likely to he recovered, under . the care „Inci skill of the ordnance veterinary surgeon stationed in Canterbury; It is supposed'soine of the powder had gotten loose from its package, and igitited by the friaiim; occasioned the accident. A melancholy accident happened in . Loweswater, on Wednesday 'se'nnight :—Two children (datigh ters of Mr. Clark) were unfortunately dro in crossing a rivulet, in their way to schoOr It appears that the rivulet • had been so swelled by the heavy rain of the preceding night, as to cover • the bridge over which, they had to pass, and they had pulled otf their stockings; which were found tied together with their garters. Dr. Head, of High 'Cross, Who' was passing near the place, percAted the accident, and instantly gave tho alarm Seareli was made fur the bodies, which, after Sonic tithe were found, !The usual means of resuscitation were employed, but without the desired effect. One of these unfortunate children was ten years of age, and the other eight. A Caution to Servantc not to get into bed before their candle is put out.—On Sunday morning a fire happened at Mr. Woodward's, in Bull 1-i,-.1:1 -,court, Newgate-stfeet, which was most providentia;ly ex tinguished, after the bed-furniture, and part of tile bedding, its the room where it began, with some of the servant's cloaths, were burnt. The maid-ser vant of Miss . B—, who has apartments there, had, it seems, sat up some time after the mistress and the rest of the family had retired - to their repose and when she:went to bed, left the candle a.ight, on a box close to the bed-Side. About three o'clock she awoke, almost suffocated, and saw' the bed= curtains were on fire ; she with ditficulty'got out of the room, and awoke another servant in a neigh bouring chamber, who gave the alarm : the family were soon roused, when, by employing their utmost exertions, the fire was extinguished in the course of ; half an hour. FlRE.—Last night„ about seven o'clock, the In- , mates of.thel'emple .were greatly alarmed by a fire, which occurred at the Chambers of Mr. ELLIS, on the third story ; at No. 5, Middle Temple-lane.— Mr. ELLIS, it appeared, was out of town, and a woman was employed to air the apartments for his return, when a candle was suffered to communicate - with some straw in a closet, which spread to the wainscot, and set the. roof of the house in a blaze. By the timely assistance of several persons, who ran up with buckets of water, the destruffive element Was extinguished by the time the engines arrivede- , -. The datthge done is not very consider able. • Early on Monday se'nnight a fire broke out at the boarding-school of the Rev. Mr. Youatt, in the East-street,Chichester, which avfirst threatened the destru6tiob of the whole premises, having soon spread from the pantry, wherein it commenced, to • the main staircase, where its progress was, however, stopped, soon after being discovered by Mr, Youatt, whom a butcher had, by appointment, fortunately called up, to give him instru&ions relative to some hogs he had to kill for the family. The young gen tlemen of the school, on being alarmed ; made their escape,. unteart, out of a back windoW. The fire is supposed to have happened from a spark that had dropped, unobserved, from a candle on some table-linen, which, with the pantry and staircase, were totally consumed. • On Monday night a man carrying a sack. was ac costed by a coal-heaver, who supposed he was car. rying stolen goods, upon which he and another man • in his company ran away, in Back-lane, St. George's in the East. On examining the sack, it was found to contain the body of a black man, which was taken to the Bone-house for the-Coroner's Inquest. Higgerty, one of the supposed murderers of Mr. STEEL, is arrived in town from the Hospital at Dover, where he was detained through sickness. •A public examination will take place in a few days. CORN-EXCIIANGE, DEC. lo.—There are but fear fresh arrivals of Wheat to-day, and short supplies at hand, fine samples readily maintain their price, but second and inferior hive few purchasers ; Bar ley in tolerable supplies, bat not cheaper ; good Malt in request, and rather dearer ; White pease likewise ; in- Beans of each sort but small variation ; Oats are in middling - supplies, with a few further arrivals, and this trade is dearer for samples of best quality; in Flour little •alteration„, fine American 465. to 50s. per barrel. W heat 635 a 74s a 885 od Fine ditto . cos a 94s `o.: Rye -4 2 s a 4 8 s od Barley - 405 a 465 od Malt - 72.5 a 795 od White Peax bos a 89s oct Ur:rain() 46$ a pus Ott Beans -45 s a sts od Titk Iseans 37s a 435 od Oats 245 a 28s a 325 od Poland ditto 33$ a 34s od Rape Seed 24i. 271. os. od Fine Flour 7 - ,s a 75s od Seconds - a 70 (24 0