The Sun. — London, England, 1817-12-05 00:00:00

HANIBUR6H PAPERS. Flambotglo Papers to floc 25th ult. came to band lam night. They negative the report circulated short time since of its being the intention of tilt 1 - 'citA it Egypt to (h.lare, himself indepentien! The folitm iug are extritcts:— PETUItsEURGH, Nov. weather is - still very mild'und the navigation , open. On the other Itkiy(l accounts from the interior of the vilipire State, that iu•several parts they have already cold Of 7 . . ot iteattutur uotiolute.' .ixt-rett millions or rojibles have alreany been received by the Committee of the Sinking Fund to &arch the New Loan. The Most considerable snots ae are' front and Holland. Thrce Inindted and seventy-six New's have sailed.ttottu Archangel this yciir. , nAMTWRGi-f, Nov 25: — The Correspondent of N0v.,25, having quoted, an aFtick whiCh appeared in the English and French Papers respecting the intention of the Pacus of Egypt to deekare tiell,itirfependent, and his overtures. to England and Sweelvn to that effect, continues ' "SO tuns an article which has , been,inserted in The Times of 29111-October, aisd in the Juurtut des Debuts, under the head of Hatriburgh, 16th Oetuber. '" From time to time there has appeared in fo trio Jonruals articles evidently false and fabri cated, respecting, the . abode of Captain ilskAat GIBUALTAR in Sweden. It teas made known ,til reldy last summer by foreign papers, that the arrival of this offieer in Sweden had not any poli teemt object whatever. Ittis evident that such an article as :he above can only have been fabricated arid, a view to injure Sweden, : and to compromise it, not only with the Ottoman Porte, but with other Powers." ' • The fact is, as will he clearly proved, that-the sole purpose of the Mission ot ISmsrit. GIBRALTAR is, the establishing of a direct trade between Sweden and Egypt, by a reciprocal '.exahauge of the productions, of both .countries. ISUABL has eviSed a cargo of the produce of his own country- to be hi - ought to Gothenbnrg, and is now ettr• played in the pfarchase of Swedish prodnctions.• - As tQr the unhappy fate which. the crew "of a Swedish vessel is said - to have met with off Co 'tonna,' We need only remark that thiS absurd story has come by. the way of Piris to London, : and that in Sweden nothing at all is known of it. FRENCH FKONTIEtts, Nov. 25 —;-.Not with stan d'. ill; that the presence of the Army - of Occupation , i s so great a•burthen to the inhabitants, and the of these mops Must excite an' unpleasant 'feeling; yet' the troops themselves acquire more 614 iiiore 1-lie esteem of the inhabitants of these provinces, well by , ,tlie -exemplary discipline of the several corps, and by the strict-justice of the Offfcers, as by the readiness with which the' sol diers, in every public inisfdrtune, as for example, it fire, venture their lives to save their fellow erri- Mies.; This ycar'also, as the last, the Commanders and other ()Akers have maii:t subscriptions for the reliertif the poor, the amount of which has bven gives. to the Magistrates. The Duke of tifelliogion is still at his beinl-qUarters, and no thing traiiSpires of - his going 'to 'Numerous: Wes are given at Mont-St; Marie, of which the Daet ess dors the hottours- 4 : and to -which many Considerable personages front , the neighbourhood were invited.--Several detachments of troops have lately arrived froh England, to supply the place of the men who have Obtained . furlough;. CAMBRIDGE, DEC. 4. We have authority to State, that an Address to his Royal Highness the Prince Regent., on the late most melancholy event, from the Lord Bishop, the Dan and Chapter, and the Clergy of this Diocese, Ims been resolved on, and it is•to be forivarded to Wisbech for, signatiire by the Clergy re,idetit in that neighbourhood. An Address of Condolence to his Royal High Hess Prilice Regent, on the lamented death of the Princess Charlotte, .n;as Onanimolisly . vot e ,i by the Corporation oyhis. 'town, on Wednesday . ' last. , Riatard Formby, El. of Caius College, was on Wednesday last admitted Doctot in physic. . , Robert. 1)e 144 Cour Beamish, Eq. of St. JOhn's College, ,Sharp Mac Leay, Esq. of Trinity College, and the Rev. Henry Poynder, of 'Christ College, were on the same day admitted Masters of Acts. The Rev. Thonlas.Skiiinshire was on Friday insTitilicil to the vicaragt of Houghtoninxta Harp- Icy, in Norfolk,' o.n the presentation of the Mar quis of Cholniondcley. liev..George;llay,, B. A. is appointid one of the Minor Canons of Norwich Caihed►al, ou the yrsii„, , Oation of the Rev. J. W. Newton,-M: A. • .The wake of Portland has appointed. the Rev. 1%,m, H. Parry, M. A. Fellomi of St. John's Col lege, ►►nd vica►r of North .Moskhain cum Hanle, Notts, to he his (;race's domestic chaplain. EXETf;R, DPC 3..- 7 011 oday last the Lord Bivhop of , this liioccse held s a private Ordination, in !his cif when Francis Harriman Holton, A. B. of 1 1 :adhant College, Oxtord, and M •ster of the free and endowed Grammar School Of Bide ford, wits ordained'a Deacon ; and the Rev. John Bartholomew, A. of Corpus', Christi College, Oxfkird, the Itev. • George Boughton, A. B. of Wadham Colltge, and the Rev. Hen. Gainble, A. B. of Exeter College, Oxford, were ordained Priests. . . .. , YOUTHFUL DEP.RAvITY.--'l:be Pi)lice Report sheers, that in the last year,nearly 400 Q. culprits, .nocler 20 years of age, were confined in the pri sons of the ,3letropulis alone ; about 10el-of.,%lioni were under .17...years.qf age, ythile . ,9s7 of this early were .enitfined for :telost.ies: The Police .Coipmittee recommends a prnitenti,ary system for offitticrs ill the . tvetro.polis. Bat pro .l),,bly a mole suithldr place may be fotinCl'at Dart tinturrly .ocettpied hy, FrenCh pri ; and (Wit, atter dieemployment might he found for them in the Newfouildiand fishery., &c. LAW INTELLIGENCE. ROLLS' COURT,DEc. 4. Before his Honour the Master of the Rolls. THE Si AGE. WHITTINGHAM. AND ARLISS P. WOOLER, The plaintiffs'in this case are very respectable printers. and publishers, and the defendaot, the proprietor of The Black Dwarf, and e p riodical work entitled The British Stage. ap 'die:viol-I was made to the'Lord Chancellor, for an injunction to restrain the defendant frompnb- Aishing, printing, or selling, or causing to be pub lished, primed, or sold, a certain part or parts of the work called The British Sltae,•wlicli contain ed extracts'trom the comedy of Who's. who? or the Double kuipostor, the copyright of Which was vest ed in the plaintiffs by thine of an Assignment from Mr: Poole, the aullor of the Comedy. The Hilt 'also prayed. thdt the :defendant might be or dered to account for tlie profits arising from the pats (the'l3th and 14th Numbers of Vol. 111. of The British Stage) already 01(1 1 and alSo that he might be decreed to pay the costs ,of the present snit. it appeared that Mr. Poole, the author of the Comedy, had sold the weak to Mr. Wiritting ham, but no assignment of • it had been mad e; it had, however, been entered at Stationers' Hall, in the name of the plaintiffs, awl consequently the right to it Was vested in them. Mr. HAu'r,on rising to addreis his Ponour„said,. he was not aware that any person appeared for the defendant.— (Here Mr. Wooler came for ward, and said he appeared in his own behalf )-7 Mr. HART then proceeded. The bill bad been originally OH against Mr. Wooler, and a person oft he twine of Wells, who carded on business as Wooler aria Cu,; but it having been discovered that Mr. Wells hid no title to the work, the bill bad been dismissed as against him, and Mr. %V 4- ooler now appeared as: the defendant. After going over the facts of the case, he concluded by observing, that . he had not expected any defence to - have *been set up, and submitting, that the de fendant, as he hail nut appeared to have published the parts in question subsequent to the issuing of the injunction, might be decreed to pay the costs. 'Mr. Bald. folloWed, and submitted Ilia! the pre sent was equally an invasion of the Plaintiffs' right a% ,that which look place with respect to Plays, and which the Lord Chancellor had held to be so. •The MASTER of the RoLLs.—Mr. Bell,does the extract- begin with the• first page, and go .regu 7 - lady on,? Mr. BELL.—No, your Honour; the, first ex 7 trict commences with pages 12, 13., and 14, and the other pages 22, 23, 24, and 25. It could itot be•said that they were taken for the purpose of Lair criticism, as out of forty pages there were seven of the•extract it was therefore clear, that the present was an invasion, andan account ought to be ordered. In tact, the parts•complained of did not contain'. any criticism whatever,..either on the play itself, or on the actors, but merely the•extraot. Mr. Wootza said, the present was one of those litigious causes that never should be countenanced or introduced into a Court of: equity. .The cir cumstances ()centred two years., ago,.and at the time lie w:,s publishing, in fact within one hour after it had been beforethe.publicj.a person celled on hint, and said that •-he not publish the work, or, if be did„ they should seek their remedy against him. The answer he gave -was, that it would be of no consequence to [Cull, for the num ber of the work was so small, that it ,would not be- Worth his'•while contesting about it,.and he act:pilaf:oy immediately stopped the publication'. The asS,rt ion that .the parts, Nos. 13 anti, J 4, did not coolant any criticism on the extracts taken from the comedy, ~ e (lid not deny; but the reason . w4s, the•work was make up of miscellaneous mat ter, and there was , Lot room for-it; and therefote the criticism had appeared in No.lo. He denied having hail any intention to oend : nor had' he, when publishing the first extract, announced anyinten-, tion to continue them. The publishing extracts from works Was"-a. course constantly pursned.by the Edinborgh and other Reviewers, as well as by the Maga2ines and Newspapers, ,and so far from being thought injurious to the, authors, it was considered to he of benefit to them and the Pith lie at large, as it had the'effect of pointing'► out those works worthy of perusal.. [lad the .work in (p)cstion been of vaine s t() him, he certainly should fiave contenOed for the right ;- but, as it was, he did not think it worth contesting for. He,. in conclusion, quoted the"ease of " Dodsley a. the Proprietor at Rasselas," where the publishing the whole of the work without the remarks-had he(n held not to call - for the interference of the Court. 111 r. HART, in reply, said the question was, not as to !fie amount of the loss for which redemp tion was brought, tint whether or not the-defen dant had invaded the right of the plaintiff. Au thors' would 'he liable to a great decrease in:the value of •their works, were the. Court to suffer per. 'Sons - to extract and publish the best parts of them. The observation of Mr. IVooler, that he had, tnediately on being applied to, stopped the publi • cation, would, have been . oFgreat importance, but onTooking to his answer, -he found it to -be.quite Lthe eimitraiy, 'for there be asserted that he had only copied disjointed extracts, which he was 441- - titled - to do, while, in tact, he had copied one of .he most important scenes in the comedy, and again porstied the extract in a subsequent number of Iris' work: In answer to the observation that the publishing extracts of works was of benefit to. the authors, he said, .though it might be justice on.the behalf .ot the public, it certainly was not on that 'Of the author to point out what work was or was riot worthy to read. The public. ought to be left to their opinion in that respect. The present was eertOnly an invasion, and, therefore, Mi. ‘Voolen ought to pay the costs, and give an ac count of the profits. The MASTER Of Abe RoLLs.-I.shall look at the two publications, p robably be able to give , Judgment • Withot referring the case to the Nas ter.. 1 shall want a 'copy . of the work to eatable the td dd Sci, . • • •_ Wooler,.in consequence, bat“leil, up 4ix ouinbert of the work,—J udg !tient poitponed. COURT OF KING'S BENCH, Dce. 4. Sittings before Mr. Justice, 110LROYD. ASS ACCT. THE ICING V. CLARKE. This was an' indictment for 'an assault with .an intent to commit a rape, and was at' the prose cution or Mr. Thomas Webb, a gold and seal chaser, residing in St. James's-walk, Clerkenwell, against a person of 'the name of Clarke, living iv: the same neighbourhood, and following the Joint occupations of hair-dresser and tobacconist. The a , ite of the prosecutor, a well-looking yowls e - man, under - 20 years of age, .being desirous, pro bably, of setting herself off to the best advantage, on the 21st of January last, had 'taken a hair front to the Knight 01 the Curling Irops, to have it put into proper 'order. In _the evening of the same day, about 5 o'clock she left he'r husband to procure some butter tor tea, and - on her re turn with the butter she called at Mr. Clarke's to inquire if the curls for her, front had received a tasteful disposition.—Mr. Clarke, thongh it %itas his interest to reconituend the aid of artificial charms, was still so mach an admirer of native graces, that he hazarded an opinion that Mrs. Webb would possess a much greater degree of at tractiveness if her own ringlets were suffered to stray- upon her forehead, if by means of his art they were restrained front wandering into defor mity and disorder. Mrs. Webb, yielding to Mr. Clarke's acknowledged taste, suffered herself to he, Conducted into the inner room, the Aletendant fastening the shop-door, and also the door of the inner room ; he then infringed upon the delicacy of Mrs. Webb, who fainted away while struggling, and did not come to her recollection until ,she footed herself seated in a chair, and the barber by her side throwing cold water over her face and neck. She entreated to ,he released ; this being granted, she immediately went home, and in a fanhering and almost fainting manner, in formed her husband of the barbarous wrongs she had sustained. The prosecutor immediately sum moned his neighbours, ,and called upon the de fendant to account for this breach of decorum ; the defendant obeyed the stiminons, but denied his having acted•very improperly ; he was, however, sorry for the sotretings of Mrs. Webb, who, in consequence of the maltreatment she had received, miscarried in the course of the nigbcand bad been in a bad state of health ever s:nce. Mr: SCA RLETT related the several circumstances, and called his evidence to prove the case. Mrs, Webb gave. her account in a clear and simple matinee. • On her cross-examination by Mr. GURNEY, who endeavoured. to draw from her an' acknowledg ment- of former irregularities,. she admitted that she had been twice in the House of Correction, for petty thefts, when. very, young, and that ,4 he had been for the space of two years in the Re fuge for the Destitute. 13ut; on her re-examina thin, she Said that when she. was recommended to a plaCe, she received the usual reward for her good conduct in service, and , afurther douceur on her marriage. Her evidenee was fully corroborated by her husband, his apprentice, a person of the name -of Dewing, and Mr. Shipman, a Surgeon, who at tended Mrs. Webb in her illness.—Mr. Hoskins, of the - Range for the Destitute, was also called_ to-prove the good conduct: of Mrs. Webb, while under his- superintendance, and the rewards she subsequently received. Mr. GURNEY, for the defendant, said that it was easy'for any person in the situation of the prose cutor's Wife.. to make a charge of this description ; but it Was extremely difficult to repel it. Theie was little else but the character of the respective parties from which a judgment could be drawn. His client, he should prove, was- a man of irre proachable,character, while that of. Mrs: Webb he should as distinctly prove to be • extremely . loose. She had admitted her being sent to the Re fuge for the Destitute fur the purpose of being reclaimed ; init., he was sorry to say, that. the ef forts bf that laudahle Institution had failed. of the desired success. His witnesses, he was confi dent; 'would' give a totally diffetent colour to the case. Mrs. Mary Stott had . a bad, opinion of Mrs. Webb, but had known little or nothing of her since she Was 13 years old, Her evidence not being so clear and precise as it certainly might have been, Mr. Sc'AULETT, in his cross-examination, warned her that terg,iVersa - - tion would be severely - visited upon her by •iiis Lordship—" Very good," was the Lady's reply, in the mildest tone possible. Mr. John Hubbard came forward out of regard to Mr. Clai'ke, and tidied hi 4 evidence to the inte rest of his friend, according to the best of his judgment ; but unfortunavely the various parts Of his testimony cduld not be brought to dove-tail with•the requisite exactness. The knight of the slattghter-house seemed to have as indistinct an idea of the matter in question as he had of Lord Mayor's Day, which be stated to be in the month of January. Mr. John Gilliard, styling himself slide-maker, but in reality the occupant of a cobl6.'B stall, in the neighbourhood of the Haymarket, conceived Mrs. Webb to be a very bad young woman, so Much so that he should have thought it an im peachment upon his moral character to keep'coni. pany with her: Mrs. Webb 'had been with him to Tothill-fields fair, but be could not exactly re collect 'whether the (air was.in June or January. On his cross-examination lie denied any knowledge of his• age, " never having had either lather or mother." Mr. Jeffrey Stokes,. a hutcber, in, Aylesbury street, had frequently seen Mrs. 'Webb, but did not approve of bei conduct, neither generally nor particulaily; David - Deane, Esq. a Niagistline tor • the county of Middlesex, as-well as Messrs: Tho mas Austin„ Adamson, .;and Amos. March,.. were severally called 'to speak to the Moral character of the d'erendalit, as regarded tire tair, sex ; the. de fendant being a man of 'about 50. years or age, a husband, and the father -of a numerous family. All these Gentlemen deposed,, that they had long known the delehdant—they knew no harm in him, nor any good.. Mr. ScARLETT - addressed the Jury in reply : 'he animadverted in very severe terms upon the line of defence adopted, and of the means- by which thAt defence was atrempreql to he stwa;.tied. Mr. Justice floLeovp stittnued tip the evidence in his us.3al persnicnoas manner ; after which the 34,ry:vdthont ai,y I►esitation, gave in a verclio, of Guilty '1 he trig! lasted several hours, and was not over nail a late hnitt'l9 the . evening. OLD JIM L I,Y. CUTTINit; i%;s7f) WWI NG. —Yesterday Patrick _Connelly and Johti Ccitoa were, capitally :indicted for c-itain cuts and tl , nundi opon the .person of Patrick O'Neill with a,sharp instrument, with intent to kill, disable, maim, or do him some gri e vou s bodily harm. Patrick O'Neill stated, that he is a watchman in Church-street, St. Giles's. On Frida'y night, the 7th, of November, a little after eleven o'clock, there was a crowd gathering by ;he two prisoners, who were having a sham battle. He desired thein to go about their business, and not collect a mob to make a disturbance, Witness left them and went round his heat, and returned in •a'quarter of an hour,. when•he found them all there. He again desired them to go home, and Connelly said, "•Paddy O'Neill, what do you want here?" ness replied; ." I want to send you home." Con nelly said he would go home When'he liked, anti one of the girls said they would go home when they pleased. He attempted to take'hold of Coo nelly's c altar, ‘vhen Caton came up, atid . awaffray ensued, in which witness's hand was . cut; The prisoners then ran away. .Roberts, the watch-house keeper of St. Giles's, stated, that owthe Thursday night following, prisoner Connelly was brought to the watch house-on another charge. The witness searched him, and fotitid the knife produced in his waist coat pocket. • • Connelly, in his defence, put in a written paper, in which be denied that he had the knife until a. week after the transaction was stated to have taken place. lie accused O'Neill of being a common dealet• in human blood. Sir WM. GARROW called O'Neill up again, and examined him as to that point. He stated that be never gave evidence in this Court but once, awl' that was against a woman who hall stolen a watch. He had been a watchman .for 44 or 1.5 years,. and had given evidence acHick's Hall its cases (of siot and disturoance: Connelly called a witness, named John Wat kins, who the he gave Connelly the knife 'in gm:stint) on he 1311 . 0 l November. . Catherine Mahoney said, she sold trait in the street, and w_as going irons a wake on the night in question, and she saw several people, as it they wet e coining from a club. O'Neill seized Con— "nelly by the throat, and witness thought he would chock him. About a fOrtnight afterwards witneSk was`passing by Marlborough-street Police Oice, and O'Neill was then pointed out as the man who tad pushed his. knuckles into Connelly's throat- She said O'Neill had a very bad character, and that the Magistrates at Marlborough-street would riot bdieve a word he said. Air. Baron GARROW summed up the evidence, and the Jury pronounced both the prisoners NOt Guilty. B iron (.Hato' told the prisoners that they had,hai a most narrow escape, particularly Con , and, before they quitted the bar, he felt it his duty to state to them, that it they Assembled again in a riotous and disorderly manner, to pre vent persons from the due exteution or their• law ful duty, and death ensued to ally person so 'en gaged, each of the persons so Assembled would be liable to ,be tried for murder, and to all the con sequences. attendant upon that crime. John Somers and John Knight were capitally in . . dieted for burglariously, breaking and entering the dWeiliug-hou+e of George Phillips, of Nu. 7, Chari o t u-sti vet , Bloomsbury, and stealing therein a variety of articles of wearing apparel, the goods of Frederick Cox, E!,q. and an . mnbrella and other a rti c l es , thy• plopvrty of Mr. Phillips. • 'Tl►e Jui y, atter a moment's consultation, found both the pr6oueis Guilty—Death. Aged 17 years eacb. Mr PHILLIPS recommended the inisonera to mercy on account:of their youth, and Mr. Justice BAILEY assured hiat it •mould be, attended :Lady BuLKELsy, Thttranay, the 20th ult. distr.buted lo 130 of the poor, blankets, flanuel, and linen being iter annual listributioni besides bread three.times a %%eek. • BIRTHS On Friday, the sth inst. M rs. Henry Butterworth, of Gren ville-street, Brunswick-;square, of a son. The Lady of John Constable, Esq. of Keppel-street, Rus sell-square, of a son. In the evening of the Ist inst. at teignmouth, in Devon shire, Mr 4. Butler, of a son. On Tuesday last, the Lady of C. A. Uhde, Esq. of Jefferies square; of a daughter. MARRIED. On Sunday, the 23d ult. at Stainton Church, near Milford., by the Rev. Mr. Sanders, Captain 'Keminisli, of the Re ginient of Foot, to Bridget, second daugb - er of Capt. Charles Nuttall, Commanderof the' Magsfielet Post-Ottice .On the 4th inst. at St. James's Church, the. Rev. George Caldwell, Rector of King's Stanley, in-Gloucestershire, and Fellow of Jesus College, Cambridge, to Harriett, youngest daughter of the late, and sister of the present, "Sir Wilnain Abdy, Bart. Yesterday, at Mary-le-bone Church, Edward James Sey mour, Esq. B.A. of Jesus College, Cambridge, young•est son of William Seymour, Esq. of Margaret-street, Cavendish square, to Maria, only daughter of the late ‘Vni. Searancke, Esq. o. Stamford-bill. On the 4,1 inst. at Woolton, in Surrey, Captain George Mil ler Bligh, R.N. only son ofA.imiral Bligh, of Bellevieu-house, near Southampton, to Catherine, eldest daughter of the late David Haynes, Esq. of Lonesome Lodge, near Dorking, in Surrey. DIED. On Saturday last; at Aherystwith, aged 71, Lady BOnsall t the wid',w of Sir Thomas Bonsai!, of Frontraitb, in the Coun ty of cardigan. On the'2(l inst. at Hamisle, Hants, at the house of his son' in-jaw, Captain Bradby, lt.N. Admiral Billy Douglas, in his 67th year. At h.•i house at Hoddesdon, Hells, Mrs. Anne Jones, in her 72d year,' relict of Thomas Junes, Esq. Judge of the'Su preme Court of New-York. LONDON: . Printed by J. B. CARSTAIRS, of No. 29, Great Orlit,,od-street, , Queen-square; and published by W. A. SCRIPPS, of No. 7, South Mutton-street, ' at THE SUN • 011ie, No. 112, Strand •,. where Advettisenients, Orders, Litters, i l / 4 c. (post-paid)- gust baPaddrasied. • V: