The Sun.
London, England, 1808-11-18 00:00:00

POLICE.

LAW REPORT.

COURT OF .KING'S BENCH, Nov. t 6.

KING's STORES.

THE KING V. MATTHEW EUCKINGER.

The ATTORNEY-GENERAL moved for the Judg-
ment of tne Court on the Defendant.
Lord ELLENBOROUGH read his notes on the trial.
It appeared that the Prisoner bad been a brazie.',
living in High-street, Dartmouth, 'and that there
were found in his posse. lion 156 pounds of sheet
copper; and 72 pounds of copper nails, which had
the broad, a the mark that is always on the King's
stores. He was tried last- and found guilty.

The Prisoner had no Counselor affidavits iu
_gation of punishment. He stated that when he
bought the copper, he did not perceive it had the
broad R on it, and that be had already been twelve,
mouths imprisoned.
The ATTORNEY-GENERAL observed, that he ap-
peared to be a large dealer in that kind of traffic.—
The fad was, that the workmen used to steal the
stores, and the Prisoner purchased them.

The COURT ordered he should be sent to New-
gite until to-morrow, and then be brought up to
receive his sentence.

TREPANNING SAILORS FROM THE ROYAL
NAVY,

THE KING V. HENRY NATHAN.

The ATTORNEY-GENERAL moved for the Judg:
of the Court on the Defendant.
Lord ELtENBOROUGH read the notes he had taken
on the trial.

It appeared that the Defendant was indi&ed,
tried, and found guilty, at the last Assizes, at Maid-
stone, before Lord ELLENBOHOUGH and -a Special
Jury, for seducing eleven seamen, part. of the crew
of his- Majesty's ship Viaory, to desert, in order to
get them on board an Indianian.

The COMMON SERJEANT presented three affidavits
in mitigation of punishment, which stated that he
had been very severely treated, having been kept in
irons on board ships of war for 30 days.
The ATTORNEY-GENERAL Observed, that the affi-
davits did not state he' had brought his action to re-
cover damages for that imprisonment.
The COURT observed, they would not hear
Counsel on either side until to-morrow, as Lord
ELLENEOROUGH was obliged to attend the King's
Levee. The " COVIIT ordered the Prisoner to be
committed to Newgate, and to be -brought up to•
morrow.

410VEMBItit !I.

THE KING V. HUNRY NATHAN.

The ATTORNEY GENERAL moved the judgment
of the Court on the Defendant, who had been con-
viaed of the otfcnCe of enticing sailors from his
Majesty's ships, and taking them on board an East
Indiaman, for which he received a bounty.
ThqCoxmorr SERJEANT addressed the Court in
mitigation of punishment, and observed, that the
_Defendant had been imprisoned in irons for 21-days
on board ship, by which his health had been much
itijuret, for which an action was brought in his name
against the Admiral by whose order that. had been
done; but he stated in his affida‘it that this was
done by his Attorney, without his knowledge, and
not discontinued by his order,

The CHIEF JUSTICE thought it somewhat odd,
that he had nor sufficient controul over his Attor-
ney to make him discontinue an action but per-
haps he might state in .tiis affidavit that the aation
should be discontinued, not that the Court desired
soy thing of that sort, only he might do so it he
wished.

This being accordingly done, the ATTORNEY GE-
NERAL said, he had no wish to resist the justice of
the allowance to be made to the Defendant, on ac-
count of his having been imprisoned gz days in irons,.
't was right that it should go in part of his punish-
ment ; but he must observe that the offence was
heinous, and the Defendant had attempted to support
his case at the trial by perjury.'
Mr. Justice GHOSE—." You have been convi&ed,
on very clear evidence, of a very bad crime—that
of seducing the sailors of his Majesty from their
duty to him and to the Country, for the purpose of
depriving them of their service. When we consider
the nature of the crime, and the evidence given at
the trial, it is obvious to the Court, it was coin-
. menced in fraud, carried on by intoxication, and, I
am ,sorry to observe, ended in perjury, for no man
who has heard the evidence read can possibly doubt
about that. At the.same time, great as your offence
• is,. the COurt has taken into consideration what you
.have•already suffered, and which, of course, will in
some degree cause a miligation in your punishment ;_
but yet, your offence is such, that for the sake of
the public, must, as an example, be punished with
a considerable degree: of severity. Attending to
what has been sail in mitigation on your behalf,
end all the other -circumstances of the case, this
Court doth order andadjudge, that you do pay to the
c' Kin°. a-fine of sol. and that toil be imprisoned in
his Nlajesty's gaol of Newgate for one year., and
further until such fine be paid." .

THE, KING V. lUCKINGER.
The ATTORNEY-GENERAL moved the judgment
of the Court 424 the Defendant ; but two days were
allowed him to prepare an affidavit in mitigation of
onniihment, on the motion of :Mr. Smurif.—De-
tudatit coMmitted to Newgate, and to be brought
up this day week for judgment. •

FRENCII PRISONERS.

THE KING V. FOWLER AND ,ANOTHER.

The ATTORNEY-GENEIt AI. moved the judgment
of the Court on the two Defendants, Francis Vowler
and John Husst.
Mr. Justice 134n.p.: read the report. It was zln
indictment tried before Ir. Justice Heath, at the last
Assizes for the County of Bucics,_against the two

Defendants, for a conspiracy to effect the escape of
certain French Prisoners of war. Another count
charged the Defendants with receiving and harbour-
ing such prisoners, &c. upon which they were found
guilty,' upon satisfaCtory evidence.; they had receiv-
ed gold for this offence, of the French prisoners, and
it appeared from the statement of Mr. Jarvis, that
those PrisonerS had afterwards got out of this King-
doin, and were subsetluoutly re-taken in arms against
this Country. T

It appeared for the Defendant, by their own af.=
fidavit, that the one of them is a Milliner's son, and
the•other the sun of a Publican, the one 23,- the
other only years 6f age; that each of them-sup-
ports an aged mother ; that they are so respeCiably
conneeted as !o tie reads' to-enter into surety tor their
goo-1 behaviour, &c. that they inadvertently fell into
error, &c.

Mr. STORKS made a very able speech for the De-
fendants, it, mitigation of their pu.lishinent.
The ATTORNEY-GENERAL observed, that the
Learned COunsel fur the Defendants did them ample
justice, without violating any principle that A god
man, a good a citizen, add a good lawyer, ought to
observe in a Court of Justice. He had' said every
thing that could be said 'for two persons in their
situation ; but the Court 'could not pass over their
offence so lightly as their-Counsel wished ; for, said'
the AttorneyGeneral—
' " This offence comes as near to high treason as
can be. Those Frenchmen, prisoners of war in this
Country, are,
,by this praCtiee, sent out of it, to
fight against this Country again. They are enemies
at this Country, taken in artns-against us, and made
prisoners' of war. They are sent back again to
their own Country (France) to fight again the
battles of France against us ; and this too from no
better.motive than that these Defendants should
put money into their pockets—l ahink there is no
misdemeanour that can be committed by man that
is an higher offence against the public ; because
know of none more destru&ive to its interest than
this - for nothing can be more dangerous to the safe-
ty' Of the State, than endeavours made by our own
subjects to replace French Men, whom we have taken
'in arms fighting against us, in a state to ad hostilely
towards us a second time, by sending them back to
France to fight the battles of our enemy again."
CHIEF JUSTICE.—" Let the Prisoners_ be corn
mined to the custody of the Marshal, and brought
Up this day se'nnight to receive the judgment of the
Court."

tied. -He prodoced -'which he said had
been sent to him four .days ago, from among some
of his papers, which were tyitig at a friend's
Upon • his cross-examination, said,,.he kid
failed in his _circumstances since, but could kive
paid the bill in,question, when it became-due, if it
had been fort•hcomitig.at the time.
Upo❑ a re-examination in chief for the Plaintiffs►
he owned die bill fell due on the 4th of 'November,
• 1806, and that he had written a lettet (produt•ed to
him) on the next day, declaring his inability to take
• it up.
Wm. Graine, the attesting witness to the bond'of
indemnity, proved he s►w it,executed by the Philtr-
tiffs to the ,Delendant, and that there was then af-
fixed to it a receipt (since_torn off) for the money,
the amount of the nole that had been stolen. •
James Bottomly, cellarmati to the Plaintiffs, lived
whh them at the time when their counting-house
was broken open. The desk had been forced, and
plundered of property and papers. About a year
and a half ago, he, by order of his employers,-went
to the Defendant, and desired him either to pay the
money, or return the bond which bad been left.
with him. The Defendant told him, that Batt had
got the bond, that he would see him in a few clays,
and that then he would call on the Plaintiffs and set-
tle with them. Upon his cross-examination he de-
nied that Clements had said he would see if Batt
would take the bond of the Plaintiffs as a security
for the payment of the lost note. To a question .by
the Court, he said the Plaintiff's kept their notes ih
a tin case, in an iron chest, which had been broken
open, andall the papers carried off.
• ,Dechatnps, at whose house the bill
had been made payable by the acceptor, proved be
had notice given him, by all the parties, of- the loss
of the note, a 'month- before it became due; and
also that he had provision in his hands belonging
to Batt, for taking it up, if it had come in regular
course.

John Hinton proved a conversation be had held
with the Defendant in May, 1807, who told him of
the loss of the note, and added, he did not think
that Batt could pay it, nut that he, Clements,
would take it up as soon as he could cone& money
sufficient' for that purpose. Here the Plaintiffs rest-
ed their case.

Serjeatit BEST, for the Defendant, contended the
Plaintiffs had not made out a case to entitle them to
a verdia ; first, because they had not proved the
bond itself.

This, however, Sir JAMES MANSFIELD thought
was sufficiently proved by the produclion of it, corn-
ing out of the hands of Batt, the acceptor of the bill,
and to whom it had been sent by Clemedts, the
Defendant.

In the next place, he contended there was no con-
sideration for the fresh undertaking upon which the
indemnity was passed.
This being a matter of law, Sir JAMES reserved
the point for the consideration of the Court, to be
argued hereafter, in case the Jury should find a ver-
dia for the Plaintiffs.

The.. Learned Serjeant then contended generally,
that the Jury were bound to find forthe Defendant,
who having once paid.his debt to the Plaintiffs, by
a gond bill passed..to him for money aHually due to
him by the acceptor, Batt, was not bound either in law
or conscience to pay a second time, which would be
the case ifhe were to make good the loss, which had
happened without default of. his. He further cot) tend 7
ed, that the evidence of Bottomly, that the Defend-
ant had said he would see Batt, and then call on the
Plaintiffs, and settle with the'rn, went to prove, not
an absolute .undertaking by the Defendant, but, on
the contrary, merely that he would pay, prol,ided
Batt was satisfied with the 'security, and willing to
be answerable for the amount.

The Learned Judge, in charging the Jury, observ7
ed this was a novel Mimi, and such as, under the
circumstances, had never come before him. The
remedy usually resorted to had been by bill in equity,
and he had known several instances where the relief
had been granted, and the
,party been obliged to pay
On getting a proper indemnity ; but he saw no tea-
' son why the Plaintiff might not recover at law, pro-
vided they made out their ease: The question the
Jury had to decide, was, whether the Defendant had
made an absolute promise, or only conditional, in
case Batt did not pay the amount ? -and to decide
this, there were several circumstances to be, consi-dere,d. In the first place it appeared the bond of in-
demnity had been passed so long,back.as December
18015, since which time it had remained in thehands
of 'the Defendant •or Batt, and provided either of
them had paid the amount of the note to any holder
of it, the bond could have been sued, oft it was
therefore to be interred, that if he did'not mean to
pay the money, he should have returned the bond to
the Plaintitfs ; and, though there was no proof of
an aclual promise, it was for. them, to decide whe-.
tiler keeping the bond was not a fair inference to
suppose one ? 00 the other. hand, by the evidence'
of Bottomly going to demand either the money or
the hood, it rot 0 be argued there was no actual
agreement to pay at all events; fOr if there was, the
Plaintiffs would have no right to ask; for the bond.
Upon the whole, it they thonght the .agreemet:t ob.;
Solute, and without 'condition, they would find for
the Plaintiffs, otherwise for the Defendant.‘ The
Jury retired for some• time, when they returned with
a verdid for the Plaintiffs, subject to the point re-
served by the L9arned Judge,' with litietty. for the
Defendant to enter a non-suit, if it should be fourid
fur him by the Court.

SHOCKING AocIDENT.—An Inquisition was taken
Wednesday at Middlesex Hospital, before G.- HODG-
sox, Esq. Coroner for aliddlesei, on the body of
Mrs. Edwards, who met her death by accident on
Monday afternoon, The deceased, a respectable wo-
man, seventy years of age„ formerly ,kept a public
house in St. James's parish, and for some years held a
situation in St. James's Chapel, Tottenham-court-
" road ; she resided in a small house at the back of the
Chapel, and oh Monday afternoon, whilst sitting in
an arm chair, her garments took tire. A girl who
waited on her, first dikovered her sitting in the chair,
with her clot hes completely burnt oil her hack, and
tl e bed-ftunittire and Other•parts of the'room were
:i;.o on fire. The poor woman, who was too ieer)V
to help herself, was removed to the huvitaii out
ath relieved her of her excruciating. tortnent4 in
-
a IC. 'A' houys.---Accidental Death.

MA R LBORCUGII-STP E ET.—Patrick 11141110-110-n Wag
yesterday finally examined. The different get,
exhibited against the prisone!-• at the two fo're
examinations were read over, and other taus we
added to thetn. Some uvitnesses c :rroborated woat
had been stated on -a former day, that the prisonot.
and Charters were the only Acting i\lanagers of th
sham first of Ity.in and Co. in Sherborne• lane, and L
it-did not appear that there wa-S any such a mall a,'
Ryan. Some of the horses, chaises, &c. of
the prisoner and his associate obtained possessl°ll'
have been traced to the possession of persons w!
had purchased them, with ready money of Charter'
and the prisoner, without- susii:q:ling how the dis-
posers of them had obtained them..
A.stationer Holborn pruved that the Prisoner
and Charters had ordered a quantity of stationery M
furnish their shamuounting,ltouse, and by dela° (3. i.
the purchasers, the tradesman was requested to ctra'
on the firm at 20 days sight. Charters is: not YCE ,
custody..ti
He, it appeared, was extremely useful
from his aNiearance and manner in bargaining witi,l
Gentlemen for their horses,. &c. It was him 11
obtained Major Turner's horse and chaise wit,sl'',,
fictitious bill. The bills found on the Pris°n
when taken: into custody were produced, and the'
amount to 6851. 15s. 4d. exclusive of those zit •
fated. The- Prisoner was committed for trial--
three charges of felony. •

lOW°
THAMES PopcE•OFFlCE.—Yesterday co-
Rke was charged with having in his possv.ssi°l)A
chineal and indigo- to the value of 1001. suspec
have been stolen out of some ship or warelioH°'d
Several persons attended who have been r 00171.40
such articles, particularly Mr. Pearson, of Size-l 3
who _has been robbed within these few -rnbatb°iie.
opium and goods of the above description, -to, ,'
to
amount of upwards of 10001. but as none of t`.o
could be identified, the Prisoner was conViite,/e‘e„
the penalty-of 51. and the goods forfeited, -he nbt 'ha
ing able to account for the fair possession of
same.

A short time since a boat with six men, be1-
on
m a0.041k
g to Deal it is supposed, were lost on, the 55.
win Sand, under peculiar circumstances of dist,%-
They left Deal early at night, and their track 117,.7
by the Sand, the boat, it is thought, was- 01°1,
ed, or upset, in going over it, as some of the- 111'1:00,
rials were found in the riciLity, On the follow'
morning a fishing-boat belonging to Raingatei)ea
passing some distance from the Sand, it being 1
dry, one of the crew, not knowing of the accidello;
fancied he saw.men walking, thereon, and esPl'el
ed his opinion to his comrades, who made 101'4
it, andobserved he must be mistaken, or it in.,-
were men, they probably had a b-)at with. the.tif,
they consequently passed On, but it still
.forcihsli
struck the man above. mentioned that whit he °og
seen were men, who were in distress, and haTitt
landed at Broadstairs, he expressed his regret
they did not go and satisfy themselves otthe,,B4
cumstance. 'Little doubt remains but the 0'1)ot
seen as above described were the unfortunate
ton,
boat-Ten; whose feelings in ss:, dreadful a sittla:',in,
surrounded by the sea—with the slow, but Orr
approach of death before their eyes—citn- only
conceived—admits not of description I

SWF NEWS.

AVRSEND, NOVEMEER 16.

• rassed by—the Stag, Thompson, from Oporto. CO!'
Sailed—the Traveller, Coulson, for Cadiz ; Susarl',6osl;"
ton, tor Oporto; Mars, Mitchell, for Dominica; lccr.
Phillips, for Grenada ; juno, Fisher. for St.
lona, 'fonge, for Malta ; Hari,ony, Gardner, for
chae's I - Lorothy, Forster, Sowdon, Holland, New-ton, '„ for
Nelly, Sughrue, and. the Princess of _Wales,
Jamaica.

•
BIRTHS.:
Bath, tig
On‘Verinesdav last,at C I,
Lady of 13. Hobliouse, Esq. NJ. p. °fa Daughter.
le LOY
Yesterday morning, at his house at Kensington,
of Captain Codd, of a Daughter, being her thirteenth try,
Lately, at Clifton, the Lady of Robert
Esq, of a Daughter.
. .

MARRIED.
On Tuesday senniglit,- in the Cathedral, SVJter-ro.
rci voo•
dolplius Greene, ESq. to Miss P-o,:e.r, both of I)tuig'!:.oo4
On Monday. last, a; Downhain Market,. Nortirlk, 1%-
Crigson, Esq. of WattOn, to Miss Dixon, (taught'''.
jc.o4#
ShucktOrth'Dixort, Esq. of the former place.
)11 Tuesday- last, at Itickliev, Mr. • Francig ';111j4
jun. of islottinghant, •to Elizabetti, younge: t ciaugb!`" • ,
late Gilbert Wakefield. - 'Egif?s,
The same day, at Edinburgh, David Itleidry7Atehibaa
Dion, to Miss Margaret Brodie, daughter of .A•
Brodie, of St. Andrew's. fyr Verrier+
Yesterday se'unight, at Edinburgh, Lewistlt errof
Esq. of Belsyde, Advocate, to Miss Monro, cispb
AlexatideriVionro, sen. of li'i tO 10i$f
Lately, at Cork, the Rev. CharlesL. Coghl".
Cummins, daughter of Nicholas Cummins, Esq• 10;0
A few days ago, Richard Smith, Esq. of Bativtin,
G. O'Doi, youngest daughter of Colonel Thoittas "1.00
of I3allingartv,' and niece to Colonel°
Grove„ M. P. for the County ci Limerick.
of LIP;
'Last week, at Dr;-!:.:,n, Mr. Rail* Hutchinson,
-Durham, to Miss Sinurthwaite.
A few days ago, Mr. Edmird Lotthouse, of:Kir,, - -
ton, to Miss Clark., of Ingmantborpe,,Dear Weibel tt,.../

,ss• . , I) I LI.). 4A4,1';,
'On Tuesday last, Miss Pen el Sheffield, 'lO -''' ope c.“ iel,
.ter of the 1-'es.:. Robert'. Sliellield„, or 1.0 wer 1?rook- 1(-
niece IL. Sir John Sliefthld.'
tire.
On the 15th inst. Mrs-. Searle, of Kensington, 54;fr,' port,*
On Wednesday last,- M rs. Trott, wife of Mr. /"„wal'i'
of the Old 'Chac,c,,, lend eldest daughter of Richard -
I.cq`. of Mitcham, Surrey.'
ocof
'l'h.hz same da),- at his ho:ise in Duke.strett, St' ia 1 .D.,
in the 86tH year of his age, [obit Hutchinson, Esq. vg";
Off the
.ey::h inst. in Maddox-street, at an pdvA,le`, pug.'
Mrs. jean Caw bell, of Carrick, niece to John thir'i
of Argyle.
nc51.,..at-ely, in Marlborough-street, Dublin, Mr. Pati;elcl3°vl-0;,
lair.
A fete days ago, in Carlow Edward EUStaC C, E. 54.
Pationore.
,I vth c.
On.the -3d inst..at Hamilton, Mr. Robert Go•-•-• 01 tiflr-
Alanager or the Theatres Handltun, Kilinarnock, Iris '

PRICE UF STOCKS
?fiSTERDAV.•

Bank Stock— 237
rs/avy.s per Cem.-$39.1
sper Cent. '797,
Irish 5 per
4 per Cent. 0-1 IT. Sri
per Cent. ford. 66 .
Cons.
i3.ink L. Am+. td 1- iOill

India Stock, IS3 f
Ivna Bonds, ss. 6s. P.:
p
ExchNuer NI ;s, ss• Pc'
('rrinium, 3 dis.
1 .•
lal peria I 3 per Cent. • '
1)i t o
Ann.
7 7- ottis ,
Cvns. tor 2-'1 - • t• 07."
~, 1 il, •
'-------"-'' --------------
DO N Bit loc: i-: •
. To-Ivit)11--
r Iv.- -
aticl 3.
AtTerlinOn. 2c Atir.•

111cH WATER AT; LON?
.ko

Morning, 57 mfu.