The Sun.
London, England, 1806-11-29 00:00:00

AT A frA L N E
.1V ,S%

PLYMOUTii, Nov. inortiltig the 13'. riA.
Jane, of Ilfracombe, employed in the Tender-service,
missed stays in turning out of the harbour of Cat-
water, and struck on the rocks of Mount Batten,
where she bilged, and it is feared will go to pieces.
Fortunately she was in ballast, and the crew were
saved.

• Sailed the London, of 98 guns, for Torbay ; and
the James Cartel, BEER, for Morlaix, with the
Lady of Colonel HALL, to join her husband, who is
a Prisoner at Verdun.

Mumma, Nov.- 28.—The Lady Frances Packet,
Cipt. FLYNN, and the Diana, Capt. M'llosouGu,
arrived from Cuxhaven with Mails and Passengers.

By these Packets we have the distressing account
;of the French: having marched 15,000 troops into
Hamburgh, and required of the Merchants an ac-
count of their property to be rendered within 24
hours, under punishment of death. •

Mr. THORNTON, our Minister resident there,
made his escape; and Mr. CROCKET, his Secretary,
with some valuable effects and papers, came over in
the Lady Frances.
Frigate and several Gun-brigs. are at
anchor off Cuxhaven, so that no apprehensions can
be entertained for the safety of such property as was
shipped off on its passage from Hamburgh to Cux-
haven.

PORTSMOUTH, Nov. '2 I.—Arrived the norms
Frigate, Capt. SCOTT, and Insolent Gun-vessel from
a Crui ze.
Sailed the Amelia, TINIBLER, for Dantzic.

DOVER, Nov. 28.—Arrived the Goode Hanna,
EWERS, from St. Thomas's, with sugar, coffee, and
tobacco, for Copenhagen, having lost her anchors
and cables.—During the voyage the Captain And
Officers were in danger of being murdered, the crew
having mutinied.

SHEERNESS, Nov. 28.—Arrived His Majesty's
Ship Dielator from Yarmouth ; the Eliza Tender
from Shields; and Rapid Tender, from Lynn, with
impressed Men and Volunteers for the Fleet.

Came into Harbour from the Great Nore His
Majesty's Ship Trusty.
Arrived the Tigress from the Downs ; also His
Majesty's Gun•brig Bloodhound from Deal.

DEAL, Nov. 2.B.—The Devaynes East Indiaman,
with the greatest part of the outward-bound 'Mer-
chantmen which sailed yesterday' rom the Downs,
put.back This Molting by adverse winds, and re-
main with His Majesty's Ships as per last, and se-
veral other outward-bound Vessels.

FALMOUTH, Nov. 26.—Arrived His Majesty's
Ship Coi?fiance from a Cruize, and remain with His
Majesty's Ships Princess Royal, conqueror, Gibral-
tar, Santa Margarita, Lively, Blonde, Saracen,
Swallow, Plover, and the Abundant.e, with the out-
' ward-bound West 'lndia Fleet.

His Majesty's Ships Prince-ss Royal and Con-
queror are expe6led to sail to-morrow, the former
for Plyinonth; and the latter on a Cruise.

EXTRACT OF A LETTER, DATED SEPT. 6, 1 80G, AT
SEA, OFF THE CITY OF. ST. DOMINGO.
A very gallant and spirited attempt was made by
Lieut. JOSEPH LEWIS, of the Alexandria, with
the boats of that Ship, on -the morning of the 24th
of August, to cut out of Rio de la Plata, a Spanish •
Port on the Coast of South America, a Polacca Brig
and a Guarda Costa Schooner, which have for some
time past materially injured the Jamaica trade. The
boats were dispatched in the night of the
.22d,
under the command of Lieut. LF.wts, in the barge,
accompanied by Lieutenant NAGLE, .in the launch,
a cutter with Mr. SMITH, 'Master's Mate, and the
jolly-boat ; but, most unfortunately, from the dark-
ness of the night, and not having sufficient land-
marks to know the place by, they rowed all night
without being.able to find it, and consequently re,
turned on board the Ship (at anchor) in' the morn-
ing. - The enemy, from the circumstance of see-
ing a Frigate lying off ' their Port, now prepared
themselves for an attack, which has proved of the-
most melancholy, consequence. Lieut. LEWIs,
with his detachment, set off again on the night of
the 23d, towed within six or seven miles of the
place by the Gracieuse Schooner, which joined us
here, in the most deterHiined manner, moved into
the harbour under a tremendous fire of grape7shot,
from three well ere&ed batteries, and an inimenso
fire of Spanish musketry, as well as from both
vessels, which they instantly boarded, having forced
their crew to desert them. They were now em-
ployed, ;amidst this galling fire, ten hours and twenty
minutes, in endeavouring to get the vessels clear for
towing, but without effea, for the Spaniards had,
in the course ,of their preparations, hauled them
aground, stripped them of their sails and running-
rigging, and lashed them to the shore, so that it was
impossible to remove them ; and as the men were
now fast falling in the boats, it was deemed proper
to destroy the vessels, which was completely eitekSted,.
and they retreated tinder an incessant fire until
they were - out of gun-shot. It is with • extreme
concern I add, we had 19 of the best of the Ship's.
Company killed and wounded ; and, for the infor-
mation of their relatives, I send you their names.
Killed—Win. Hall, Gunner's Mate ; Charles Chinsen,
Seaman ; o,aniel Crawly, Scanlan ; Isaac fonts, Seaman ;
and lohn Thomas, Marine.
Badly Wound,A,--Mr. Alfred Smith (since dead), Master's;
Mate; Mr. Marshall, Midshipman ; lohn Galloway, Quar-"
ter-Master ; lohn Wiliiams, Carpentcr's Mate ; Beni:anin
Beal, sailmaker ; W. Hait(lcoA, lOW
,SV Moil, 1 aineN NI u-
set ‘N site, and John Franklin, Seamen ;. and John Toliy, Ma.
.. rine. -
Slightly Wounded -loszph Lewis, Fir.t Lieutenant ; Ed-
Inw d Nas4e, Stx,TaLicurz"wat i •ruld MI.; Heavy,Gunner,

NE P./IRLY,DIENT.

MEMi3ERS IItTURNgD.

EURGI'.S OF AIR, INVERAIIY, ItOTIISAY, and
CIMPBELTON—John Casa-Then, Esq.
COUNTY OF AliEltbEEN—Jathes rerguSsan, Esq.
ARGYLESHIRE—Joha Campbell, Esq:
NoRTHANIPTONSHIRk—Lord Althorp ; W. it.
Cartwright, Esq.

BURGHS OF NORRES, NAIRN, INVERNESS, and
Francis Wm. Grath.

BURGHS OF DUMFRIES, ANNAN, LOCHMAREN,
SANQUHAR, and KIRKCUDBRIGHT—HOH. Henry
Erskine.

BURGHS OP LANARK, LINLITHGOW, PEEBLES, and
SELKIRK—Lieut. Gen. Sir Charles ROSS.
SELKIRKSHIRE—WHI. Elliot Lockhart, Esq.

CONTESTED .ELECTIONS.
State of Poll.
•
BERSPTCK—Sir John Callender - - 486
Dr. Towers - - 386
Sir Alex. M. Lockhart - 353
Lieut. Col. Allah - 6t
DUB L IN—Mr. Hamilton - - - 362
Mr. Falkiner - - - - 302
Mr. White - - - - 257
GALWAY—Mr. Daly - - - 114
Mr. Eyre - - - - 112
Mr. Martin - - - 25
FERMANAGH—Gen. Cole - - - 1311
Gcn. Aradall - 1162
Henry Brooke - 583
Rd. Brooke - - 399
WATERFORD—Mr. Beresford - - 454
Mr. Power - - - 427
Mr. Lee . - 285

Mr: Bolton - - -

• ERRATUM.-I. A. S. Wortley, Esq. and Lord Louvaine,
have ben reported as returned for Bossing—the Members re-
turned Are 1. A. S. Wortley, Esq. and Henry Baring, Esq.

- The DUKES of YORK and CLARENCE dined with
HER MAJESTY and the PRINCESSES on Thursday.
In the .evening the DUKE of YORK went to Oat-
lands, and the DUKE of CLARENCE to Bushy Park.
The Marquis of DOUGLAS is to be
arrcaripanied
on his journey to ,St. Petersburgh only by a Russian
Nobleman ; C. STUART, Esq. Secretary to Lord
GRANVILLE LEVESON GOWER, continues in the same
situation under the new Minister.

Thursday the IMPERIAL AMBASSADOR bad an in-
terview with Lord Viscount Howtcx., for a consi-
derable time. /

Letters have been received from Holland, by the
way of Hamburgh, which state, that an Embargo
continued to be enforced on all the vessels in the
Dutch ports. Letters, which had been sent from
Amsterdam to Rotterdam to be forwarded to this
country, had been returned from the latter place, as
it was not certain when any vessel would be per-
mitted to sail.

DUEL PRRVENTED.—ln•consequence of the lan-
guage used by Sir FRANCIS BVPPETT on the Hust-
ings, at Brentford, in speaking, of Mr: RE.DREA.D
YORE., the latter sent on Thursday night, a letter to
the Baronet on the subject; and it being apprehend-
ed by their respeaiVe friends that a duel would be
the consequence, Mr. YORK was yesterday arrested,
and obliged to find bail to keep the peace; and, we
understand, that Sir FRANCIS was at the same time
obliged to give a similar security.
A duel, which it is feared will prove fatal in its
consequences, was fought on Wednesday last, at
Waltham Grove, Bucks, between Mr. B-7.—R, an
Irish Gentleman of fortune, and Mr. N—, an
Officer in the Marines. The quarrel which led to
the combat, arose out of an attitir of gallantry, Mr. B.
having been found in possession of a Lady, the niece
of the Officer, who eloped from her friend§ in the
vicinity of Newbury, in August last. 'the parties
exchanged three fires, and Mr. N. received a wound
in the left- breast, which, it is feared, will prove
mortal. Mr. Carmana, surgeon, dressed the wound
at the house ofMr. Churchill, near where the duel
was fought,.but he did not succeed in extraEting the
ball.

An ancient Oracle mentions, when some of For-
tune's Suitors coniplained of their bad hick, and that
she was both blind and deaf to them, that she made.
them this reply, " You delayed your suit too long ;
and when you commenced making it, you relaxed
in your attentions. Perseverance should be if prin-
cipal chara6leristic of my votaries - What a use-
ful lesson this to Lottery adventurers ; particularly
when so momentous a Scheme as the present one
is offered to their embrace. It is evident that many
lost the opportunity of not participating of her fa-
vours in the late Scheme, either from delaying their
purchases too long, or by ceasing in their pursuit
when they ought to-have persevered.

CALCUTTA GAZETTE, MAY 6, ,806.

O. the Ist instant anchored abreast of Calcutta
the American Ship Argo, Capt. NOR THEY, from
Salem, touched at Batavia, where she remained two
months.

The Argo left at Batavia, a Dutch Frigate, of 40
guns, under repairs, and two acrned Brigs. The
Frigate struck the ground on going in, which obliged
them to run her ashore, when it was found that one
of her butt-ends had started. The chief part of the
&ew of the.above vessels were sick and in the hospi-
tal. While - the Argo laid at Batavia nothing was
heard of the Dutch Admiral HAR I'SINCK.

MADRAS COURIER, APR IL. 16, 1806.

A letter from the isle of France has the following
paragraph :
The Semillante and Bellona have sailed, supposed
for the Cape of Good Hope. Two•small Privateers
are now fitting out tier India, one a Brig, with
s guns and 30 men ; the other, a Schooner, with
6 guns and 4,0 men. They are supposed to be
bound for the Eastward of Penang—they both sail
badly.
• The Princess Charlotte ;ci-deviant Indiaman) has
been disarmed, and has sated, it is said, for the Cape
or Batavia. _

Btt.,)re the Charger Guts-big left• Bengal, several
vessels were about to ti;; cape of Go,d
Hope, with supplies of d.ilfereit ki.iMs ftg that Strt-
, ttt:

LATi7 REPORT

COURT oi, CHANCERY, Nov. ZB.
runcEd. DIAtNAMARA.

. , . . .
This Case, which haS been so. tong pending id th'd
Court of Chancery, came forward this day in a news
Shape. The principal fads which transpired in the
course of the proceedings; with the obServationt of
Counsel, and the Judgment of the present Lon
CaANCELLOit and.tlie MASTEtS of the ROLLS, have
been before the public its the several statements Made
in the Daily Newspapers, as far as their limitS Would
permit. For our report of the proceedings and final
judgment, we beg leave to refer our Readers to out
Paper of the loth of August last.
...The SOLICITOR-GENERAL this day moved. the
Court, that the Defendant, JameS Macnatuara; Esq.
and Mr. George Farquharson ; Messr's. Orme and
Byrne, the-two ostensible Proprietors,of The Morn.:
ing Post Newspaper ; and Messrs. Walters and Mac.
donnell; the Ostensible Proprietors. of The Morning
Herald,l\Tesespaper, should stand committed for mis-
representing the case of S Purcell v. Macnamara,' in
the Newspapers called The Morning Post and The
Morning Herald. He said—" this case is not only
of importance to the suitors of this Court, but ge-
nerally to the PubliC at large. I do - not mean to
contend, upon the present Motion, that any of His
Majesty's subje&s have not a right to publish the
proceeding of a 'Court of Justice, but quite the con:.
trary—l think it extremely beneficial that such a
right should exist, and I think that a great part of
the good administration of justice is to be ascribed
to nothing more than the various proceedings of the
Courts being laid open, through this channel, to
every individual ; neither shall I contend,, that it is
incumbent upon such person to whom it is intrust-
ed to make them public, that he shall do it .with
the greatest accuracy. It is necessary to allow a
great deal for human infirmity, and It is quite
impossible that they should be able to take such
proceedings without some incorreatseSs ; but if
your Lordship should find that the mode of
conveying information and instrudicas to the Puba
lie is converted into the means of destroying .
the characters of individuals, and libelling the due
administration of the justice of the country, and if
your Lordship should find that one party pays a
consideration for the abuse of the Liberty of the
Press, and another expeas such pecuniary von,:itli.r
anon, the Court cannot render a more important
service to the Liberty of the Press, than in punishing
these parties. The Gentlemen who report law pro-
ceedings are bound to do their duty to their em-
ployers and the public, but they are not to make
themselves the tools of designing men. I shall un-
dertake to prove to your Lordship, that the puba
ligation of which' I complain it not only a libel
upon the parties in the cause; but the grossest
libel upon the Court itself; which I. will shew
by reading- some of the passages. The Court
is there made to say that which it did not . and
could not have said. ' This I will shew, not only by
Mr. Macnamara himself, but by the Gentleman who
took the money for the insertion. of it. This aca
count in the Papers which I' have mentioned,
begins by stating what are supposed to be the fail-As
of the case, and then proceeds to give what they
imagine to have been said by the' Counsel of Mr.
Macnamara, Messrs. Fonblanque and Agar ; next
they state the reply of Mr. Fonblanque, and here
they have introdued a libel as coming from thei
mouth of a Gentleman of the highest honour and in-
tegrity." The Learned Counsel here read the
passages alluded to, from one of the said News-
papers, in which Mr. Fonblanque is made to charge
a conspiraca between the Plaintiff and her Attor-
ney, with othets, against Mr. Macnamara." Then,"
he continued, " it goes on to the judgment of
the Master of the Rolls and your Lordship." Here
the Solicitor-General read another passage froro
the publication, which was the same in both Papers,
Wherein the Chancellor is mode to profess much
personal respell for Mr. Macnamara, and entirely
reversed the sentiments he aaually expressed.—
" Here," he resumed, " your Lordship is made to
pass an encomium upon Macnamara, and a com-
pliment is also paid him by the Master of the Rolls,
for his candour and humanity. Tuis, I think, no
man will hesitate to say, is holding up the proceedings
of the Court to public derision and contempt. If a
man were to state that the Court had paid the
highest compliment to the Defendant for his justice
and humanity, but that your Lordship .had proa
nounced a decree against him, he would not be be-
lieved. In this case, however, it comes under the
high authority of your Lordship's name, and was
it the fact,
.this Court would only be fit to admi-
nister justice in Bedlam. Of such description Is this
publication ; and I Shall show, that it was riot only
taken by a person attending by order of Mr. Mac-
namsra, but that it was written under his express
dilation. The Reporters to the public Newspapers
not only owe a duty to their Proprietors, but to the
public in general, and shdald not be induced to
accept bribes to betray the interests of their em=
ployers. The Gentleman who made the report I
allude to, was Mr. George Farquharson, who was
paid for altering the account of another Gentleman,
who had attended the previous proceedings for Mr.
Macnamara. This account Mr. Macnamara cara
ried to The Morning Post, and offered payment for
its insertion ; but this Mr. Byrne, the Editor, with
great propriety, refused, and thought it dishonour-
able to take money ter such. a publication ; at the
same time, he. said, he should insert it provided Mr.
Macnamara would satisfy bins that it was a true and
impartial account. The teur other persons who are
Proprietors of those Papers against whom I move;
are, without doubt, liable, both civily and crimi-
nally, for any person they may employ ; but I am
not disposed to press this application agaihst theaij
• as any blame which can be attached to them is
. only for employing a Gentleman upon whom they
cannot rely. Application was made to Mr. Mac-
donnell, the Editor of the Morning Herald, who enia
ployed Mr. Farquharson to take an aecotinf of the
law proceedings, and in consequence of inquiries,
the original manuscript was found upon their files,
and paved to be the band-writing of Mr. Far-
quhar,ona And from the affidavit of Macdotinell it
• afterwards appeared, that he had informed him,
tnat being at a loss for some of the proceedings, he
.(Farquharson) applied personally to Mr. Macna-
mara, who gave him some papers in the cause; tie
admitted that several pauses in the account were
didated - to him by Macnamara, and that he had
kaid him a certain sum of motley at a sromunereson.

_ .
for his trouble,,bnt denied' ever 1 avin; receivel
bribe."' The learned Counsel, net .aaverted to the"
affidavit of NIT-, Morgan, .Atiorney, who had, alOng
*ith.MesSrs. PUrcell, the Pialutitlf, and IVIr.
_Veen charged with a conspiracy by the.Deeendalit,
lid who.indlEtedl,incohl t:T•perjuryebut afterwards
.abandOned that proSeention.—. From this affidavit it
appeared, that Farytharsoia called upon him, as he,
said, in consequence of his (Movgari's) -calling- on
Mr. MatalenneA ; and then stated; that Mr. Mae-
alarnara: had told him some Parts of the letatunt, and
=quested he wouldgiVe a favourable report of it, and
gave him notes to make it out frorre That he pre-
fired the report from this Ind other documents, and
afterwards altered them under the diredion of Mr.
MaC.Datuari: Tie then asked hime if he had heard
Mr. Fonblanquesreply ? and be anakvered, that lie',
awas root in Court at the tinie, but. that all Was
written under the
.direEtion Maendmara; and
at his ii fiance and request.
Mr. Byme's affidavit Atated, that he had received
the whole of the, manuscript from Mr. Farquharson.
A.few days after his first application, Mr. Mactia
Mara again called on him, and told hint he had ern
played Mr. Farquharson, an able -,Reporter, and
wished him to insert his account. He offer;Nl.pay-
went, but Mr. syrnerejeeted it a prothiSingtolusert
the account upon his assurance of its being a faith-
ful one. Mr. Macnamara's affidaVit stated, that iii".
consequence of many calumnies wliieli had appeared
against him in the Public Puinta, be thought it neces-
sary to employ a short-hand writer of Ms own, and
.accordingly engaged .Mra Fraier, Who took a
peft•or•the first of the. proceedings, but being '
ed to go to Bath, he employed Mr. Farquharson,
and gave him Frazer's notes. He denied ever clic-
- tat ing any part of the account to Farquharson, ex-
{vet the (aeueral detail, and admitted he paid him
for his trouble, but -never gave any bribe.
Farquhar-aoit's affidavit stated, that he had
followed his profession for some years, and always
endeavoured to give his reports with as much
- fidelity and truth as possible ; that not having at
tended 'the whole of the proceedings in this case, he
felt himself inadequate to give a 'faithful account
of it ; and being informed that Mr. Macnantard
Bird complained ofSerne statement in The Morning
Herald, he met him, and actoosted him upon the
stibjed. Fre (Macnamara) told him, he was too
niueh friend to- tk.k. Ltlierti of the Press, to complain
of its del &s. Or even ~its misrepresentations. The
affidavit then went on to state some knrther con-=
Versation, which ended in' engaging him, to give
an accost tt of theacasee for Which .he 'was paid,
btu never received any bribe. The Learned
Counsel then, 'having adverted to additional affi- •
41aVits made by Morgan and Macdonnell, in an,
sWer to same passages in Ma. Farquharson's, quoted
several authorities to shew that such a publication
as the one complained of was a •contempt of the
Court, and properly 'punishable: If, therefore, he
observed, this was to pass unnoticed, he would ask
what Solidior would-undertake any cause, if he .was
afterwards to be held out as a .Conspirator The
Courts and their "pleading might 'as well be shut up
at oece, if persons
.who did only their duty were not
proteded. ••
Lo-an alecateoa—a" I agree wholly with you,
Mr. Solicitoreneral, in that position ; fiat I wish
to know if you have such an affidavit as will show
that Mr. Fonblanque, did not make use of these
words ? At the opposite side of the Hall ,(the Cotiat
Of King's Leach), a rule to shew cause is grdnica,
in the first inStattce ; -but -altorWartrs comes on to
be furtlic•ibeard and considered, before an attach-
rfient can be granted ; but that is not the case ' in
this Court and if there is'anla dire thingirriore delicate
than the Liberty of the Press, it is the authority of
this Court to proceed by attachment. Every para-
graph, therefore, w Bich you mean to rely on as a
contempt of the Court, you must have an affidavit
of. I onght to be very cautious how lat in this
cae. I believe I have more reason to complain,
in this case, than any body elSe, for I have been
asked by persons, for whom t have the highest re-
spect and regard, how I could have 'pronounced
Such a decree ? You must shew that this person
was present, and heard Mr. Fonblancine's
you must also strew that Macnamara was present ;
it would be next to an inquisition were we to grant-
attachments upon light grounds."
The SOLICITOR-GENERAL..--Thell, my .Lord,
will aband6n that part of the application, and take
it on your Lordship's own speech, which I myself
will take upon me to swear to."'
LORD CIIANCELLOR---" I confess I feel very
Teat difficulty in this case; most certainly that
which is imputed to the Court, the Court can take
notice of ; that which is imputed ,to , the 'Conn-
sel, the Court cannot notice. I had not sat many
days in this Court when an application was made to
tne for a re-hearing 'of this cause. My Noble Pre-
decessor having taken so much pains with it, and
myself having known the Defendant aknost all my
life, for these reasons I thought it necessary. to cad
in the aSsistance 'of the Master of the Rolls : it is,
therefore, not a ,very pleasant thing to me, that it
aahould go all over England-7-nayeall over the world,
that. I was making a panegyric,. or passing an eulo-
gitan, upon that part of the case which was con-
- tiary to justice. I revere that sentiment of the
Solicitor-General, that the proceedings of a Court of
•-"Justice shonld be open. to every one to take, for
,the tostrudion of the public ; and I know that
many animadv-ersions have been made upon the 'opi-
nion given by me upon a recent apPlication for en-
injunction.. Whenever a party conies
,before the
Court for an injunetion, there mast appear a 'fOun
dation tor such- application—l found the case' I al-
lude to. (Gurney v. Longman) for publishing the
trial of LOrd Melville); bottomed upon several strong
.preCedents,.aud I granted the rule accordingly : but
it cannot -be said that I passed any judgment upon
it when.the cause comes to a hearing, then it is
another-itatter, add will then be time enough to
anima-Avert upon it. I' am not the one who tvould
curtail the liberty of tile Press, or deny the right of
' ery- man to publish the prOccedings of Courts of
.f:ustice ; but this he must do as corredly as he can;
- and at his own 'peril."

Mr. Tuompsolg and Mr. AGAR, on the other
.side, hoped .the Court Would bear the whole of the
PuHication before his Lordship would pass tiny
.iudgment. This might go abroad ; and being an
".r-purte proceediugone public mind would be pre-.

• . . . .
judiced. They hoped, at least, that if it (lid appear
`in Oh: l'ubfic Prints, it might, be rt-preseped in a

fair_ way,
,
The SOLICITOR-G2SERAT., that: if it was
to-ht in-the 'Public. Prints, he boiiiid at least it would
riff be Paid for'.
After Sinne further•ipterlocutory conversation be-
tween the Solicitor-General and. Mr. Hart, on -the
,One site, and Mr. Thompson and Mr. 2-Var. on the

other—
The LORD CITANCELLOR diieF.led that the ne-
cessary affidavits shOuld he rnade,,and ti e parties.
served • personally with notice. The busiue,s Was
then ordered to come on during the first seal after
term.

COiIIIT OF KING's BENCH, Nov,

• THE KING V. J. SMITH,

Mr. ATTORNEY ,GENERAL moved for the judg7
ment of the Court upon the Defendant, who was
.corivi62ed of attempting to seduce two soldiers, to de-
sert froni the Nottingham Illilitia. It appeared that
"the Deftindant bad not
,a6ted from any seditious mo-
tives, but that hp being- a Merchant Captain, and
being in want of hands to man his ship, then at Li-
verpool, he had. endeavoured:topersua& the soldiers
to leave their regiment and go- on board his ship.—
The ATTORNEY GENERAL stated, that he Would not
'press for more than the mildest punishment of the
Ad, which was a penaltY of 401.
The Cpurt sentenced the Defendant to pay a fine
of 401.
_ _

•
GORGE'S LDI,VTIiER V. TEE EARL OF RADNOR
AND OTtIERS.

This *as an-aelion by the Plaintiff for a trespass,
against the Defendants, JUsticeS for the county .of
Wilts, under the following circumstances : The
Plaintiff had employed a man of the name of Sopp
to dig a well for him, and some dispute ensuing
about the wages, Sopp summoned the Plaintiff before
the Defendants as 'Magistrates. Mr. LoWthei: re-
fused to appear, and the Magistrates decided in -fa-
vour of Sopp's claim but,Mr. Lowther not paying
the. demand, some' of his effeas were takeii•under a
wNrrant ; and for this he brought his a&tion of tres7
The,question at issue was, whether the Jus-
tices had jurisdiaion, orwhether the Statute enabling
,histices to enter upon, in a summary way, in . cases
of labourers and artificers, 'extended to the proem.

case ?

LOid ELLENBORPILGII now delivered the judgment
of the Court, and stated, that they were of opinion
it did.

The decision was therefoie in favour of the De-
fendants. _

EARL V. ROWCROFT.

::this was a Rule for anew trial. It.was an anion
• , • w
upon a policy of insurance, , and the questiOn as,
whether
,the master was guilty of barratry ? It was
stated, that the ship sailed from Liverpool to the
'coast of Africa, to procure a cargo of slaves, but not
finding any at her de§tided.. port, the Captain pro-
ceeded to .the,,Dutch port. of Delineida,
.where tile,
English ships usually Went, although we Were al War
With the Dutch States. He had uoorders from his'
Owners to do so, but it was for their interest that he
should. In returning from Ddlineida he was detained
by..an English ship of war, as corning from an ene-
my's port.. Ithad,beqn argued at the trial, that this
was no barratry in the master, as that Must be a fra.h-
dulent ai.t for the benefit:of the master against the
Owners; WhereJS this, though an illegal act, was for
the benefit of,the owners', and no Ways beneficial to
the niaster.
Lord' ELLENBORou4II, in delivering the judgment
of the COurt,'obserfed, that as it did not 'appeal
,the
Captain acted frorn any orders of his owners, .the
Court would presume that it was against their orderS,
as it was against laW, and hazardous to themselves
they •were therefore of opinion that the condu6t of
the Captain amounted to barratry, and on that
ground reliised a new trial.

FRIDAY, NOV. 23. •
THE KING V. DANCE.
The Defendant was brought up to receive judg-'
ment for publishing a libel on Sir M. Lopez.
111 r. Justice GROSE passed sentence, after saying
that what he had done was with perfeet knOwledge
of the cohsequence, and in petfea defiance of the
law, with which he must be well Acquainted.
The Defendant .was` then sentenced to be impri-
soned for three years in Newgate ; and Lord'EL-
LENROHOUGH added, " Let him be struck off the
Roll."

It apt eardd that tae Prisoner Hair ;races, •W'as. quar-
tered upon the Prosecntrik, and that
,he had con-
t'rived, by Means of a sare“,, to open the wine cAlar
door, by which he had consumed the whole of the
stock ot:old red Port, except nine bottles, The rob-
bt.ry was discovered by the other Prisoners frequent-
ly visiting him, aAd empty bottles being fdtind in
his bed-room, and seen in their pdckets, and they
likewise being frequently observed to be intOicated.':
'Lieutenant-Colonel f3ailey, the • Colonel of toe
Prisoners' Company, attended, and proposed that the'
Prisoners should be given oVer to Militiiry Purii4h-
ment; which the N'ia,gistrates and the ProseCutrig
agreeing to, it was.:,accordingly done,

MA R LB9ROUGH-STR EET.—ThOn;CitC Dale; a noto-
rious informer, has outin bail at this Oilice to
an-
swer to an indiantent for extortion.

A person of the name of J&ket took his funnily:
to Kingston in his hackney7coach, some time since,
and, on his. return, what is technically termed a
plant was .laid for hitn on his way home by the lie-
! fendaot and his, accomplices, so that the.coaelmfati,,
'contrary to,Akt of Parliathenti .took .passengers
Londoh. fle Was con'iled in'ihe penalty of 81.
by a-iViagikrate af--Kingstitin, for die offence; -but,'
before zhe penalty .Was paid,. the Defendant obtained:
of him three guineas to hush up the .business?: and`
save the fine. An execution Was, however, put
into his house' at the 'limited time for the 81.
and he thus became the dupe of a double impo-
SitiJn. •

PUELIC OI rICE, WORSII 11, STE Ette-Yeg(Crttly
J. Alasini, sood• fully mainlined lin a,Ctiarge
of robning the huuse •of--. Alexander
cf Finsbury-.square, with whom he lived as footman,
as again-nr6ught up, Lien additional" charges were
adduced against him fOr rubbing his master of jeivels;
linen, and wearing apparel tea large amount. Upon
the whole of the charges he was cominitted to,Ne*-
gate for trial. .

lay night, ..bout eleven o'clock, an. uninha-
bited hou,e, in Gosweli-street, 1;t11, down with a
dreadful (Jail), by which two adjoining ones were
so niatolisily injured as to render if necessary to
pull them uoi,n. These housesT from -their de ape
dated state, have long formed an object of. terror to
passengers.