The Sun.
London, England, 1808-12-02 00:00:00

LEVEE V. LANE.

'ids- %Las a&ion io •recover the penalty of 1001.
tindttr the following circumstances : the Plaintiff had
baruailied for the po,,s,s;ion of. a public-house, called
th;Coach and Horses, at Rumford, and was to, have
possession Eln the tith of Q.totJer, or the Defendant
was to forteit,tooli Pktint klemanded.pos-
session'ou thedav stated, but the Defendant said be
Was not' prepared to.g,ive himpossessitm till the 13th,
and-added, that -he had been-informed that it was
not his,. 'the Plaintiff's, wish to -enter till that,
period. The result proved that. the Plaintiff had
applied to MesSrS and Co. for a loan to'
make good his purchase, :observing than he could
not sail out of the stocks till the 12ib of Otao-,,-
her, and that. if he did not make good his pur-
chase on the 6th; he should be liable to' a penalty
of tool. Messrs. Flonbnry and Co, said they would
write to the Defendant, and arrange the turn Over
for the 13th, so that he might safely wait the selling
out of his money— . The. Plaintiff, hoWeVer, went in
the interval and demanded 'possess:4in,, and found
the Defendant, as above stated, tuipxepafed To give
. ,
•
Lord ELLENBOROUGR said the Plaintiff should not .
be permitted to take advatitage of a slip that
originated with himself, and lid was of course non-
suited.

HARRIS V. LOUIS PELLETIER.

ThiS was an action for goods sold and 'delivered,
to Which the -Detendant pleaded, that he was'bap-
tised Louis Augustus Pelletier, and consequently had
been irregularly sued as Louis Pelletier. . Upon this
fact issue was joined, and the Defendant was called.
upon to prove that he was so "chriitened. This,
however, he was not prepared to do, though he pr 0.7.,
duced --a 'variety of official appointments..from .the
late King of France, in which he was described as .
Louis Augustus Pelletier. This, however, vas not
deemed. sufficient, as the issue lay upon the De-
fendant's being so baptized ; of course, the Plaintiff
NArliS called, upon to produce-proof of his debt.—
Mr. GAattow then observed,- that he was simply in-•
struded as to the issue, and-could give no evidence.
of the debt ; upon which ay.erdict for is. was entered_
for the. Plaintiff, and his debt still remains
dated'.

COURT OF COMMON PLEAS, Nov. 29.
SifTINGS Ar NISI PRILTS:IILFORE LARD CHIEF JUSTICE
NLANSFIEL,D.

• '":;!' _ • JOHNSON V. COOK.
This was an-action of damages for an attsault and
baffery'.
-Serjeant. stafeHit. that •the Plaintiff,
although anlYl -a 'private soldier. in the-.. Dragoon
Guards, 'had a -right,..ta- be proteae4 by the lan's of
his-Country; what. the •Petendant Was; -he .knew
not ;he had.`-not; however,':.. been': satisfied .with.
• making use. 612.14661.er to. throw a •doubt on:the:
loyally of the Plaintiff,- but ako- thrown n
pot of porter hi& rice; after Wards• struck;:
knocked 'him- dovvn, `and injured" himso niutb;
that,. the t.irui-stls•. were 'perceptible for--a length' f
ti'ine'ffest,,varcis.. fie observed. it was not one -of
thi:Fe common public-house. quairels,..that So often
to-k up the time of the. Court, to-the disgrace of
the Country.' 'l'l;6 Ptainfiy was -a...soldier.. itt;the
servi4: o ttiS and it 'was necessary for him,
to h:rip(hai action. t) 'establish hi 4 ibyally..3 Which
, ,was assailed by the Defendant." .The. I,uty
he put in possession• of the facas Of 'the case by the.
witnesses he would hire Occasion tcekaiiiine'; and,
he bad Obi a doubt:if his instruaiona• were true, •
but. theY Would give such verdict aS 'would
prevent the Defendant fßim—conduEting' him-
self ...again in. such. an outrajeCaie manner: The
Learned "Serjeant then prod tided to e4amitte the
witnesses.

SaMuel DoWdall deposed, that be knew both
the Plaintiff and the Defendant. On the even-
ing of the 23d of September he met them at.
the Black Horse and Wind Mill public-house, in
Fieldgate-street, Whitechapel. They were in com-
pany with
,several other persons ; they seemed to
be just after supper, and were conversing about
the Convention of Portugal. The Defendant charg-
ed the Plaintiff with drawing the head of "Boo-
naparte on the table. The Plaintiff said it was not
Buonaparte's head, but Sir Hew Dalrymple's. The
Defendant then took up a piece of chalk, and wrote
on the table, that they were a disaffeaed set.
The Plaintiff said he was .not disaffeaed, for he
was a soldier, and had fought the battles of his
Country on the Continent. The Plaintiff asked
him wa he impressed ? He answered not : that he
had" voluntarily enlisted
,when he was only sixteen
years' of age: The' Defendant then ob,erved, he
must be a pretty rascal to sell himself to be shot' at
for Sixpence a-day. The Plaintiff answered, that he
had fought. at /the cannon's mouth, where he,
the Defendant, -would be afraid to 'chew' his ape's
face. The- Defendant immediately threw a pint of
porter at the Plaintiff, who took out his haridket.-
chief, and Was, wiping his when the Defend- .
ant came Up, struck hint in 'the mouth, and
knocked him doWn. On getting`up, he said to the
Defendant, " you, have disgraced rue as a soldier :
if you get two swords:or two sticks, I will. fight
you;" on whiCh the Defendant threw two' more
pints of porter in his face.
On his cross -examination by Mr. Sedeant
COCKELL, he stated that the Defendant said he bad
been z soldier Al. the Life Guards ; on which the
Ph4ntiffiSaid; they were not better than the. London:.
The 1%410 was a painter, as'well as a
sAdier ; but he did not draw ate figure of "-
Dalrymplo.with his mouth open," and the figure of
"Buimaparte fhroWing guineas doWiti thrdat." It
was only the figure of the head Of Sir Hew' Dal-
rymple, with the words " Quaek, quack'' over it.--
He did not hear the Plaintiff say that the Dz.tfendant
wits.i)ne of Lord Cathcarr's Itinbugs. • • •
Mooney corroborated the' evidence of the
witness Dowdall.

Here the Plaintiff's case closest.
Mr., Serjeant COCKLI•L addressed the Jury, as
CohnSel for the Defendant ; and he observed, be was
extremely sorry such a. trumpery case should have

LONDON : Printed by RICH ,tp 1111{1113,0t No, 4, Martiett-court, liow-smet ;al
At the Stm-Okrcs No, 1)2 Strand; where didvettisements, Ora'ers

7found its "way into that 'COttrt: - He-doubted the
plaintiff'S bravery, because' he boasted of it ;:wOuld
t be:believed, that the man I.kThp, had been in the,
field of battle, and' at the cannon's mouth, would
sutler porter to' -be -thrown iii his iltee;•l(witti9ut
nniking any resistance. ? For his
,part, lte„tlpught
•he was no more of a s:ldier than lijor Strirgeon.—
.The .fati Was, he -came
.intOqlie rOom and made-
a long speech, requiring some explanation : pet--;
haps he had been visiting some of the meetings in
the City, ' and, ft bought. he ntjght,
_talti.t :the same h-
-4,berty as Mr. Deputy Cloodnehere or MI. Quin ; at
least he was Mistaken :in the Manner :it would .be.
'.received ;, for when_ he to)d the Dffendanto. that,, on
-account of his being hi the Lite Gtiards, hedare
not-shew his'ape'S' face in the field of b3ttiu, he-con-
vinced him that he was able to contend singly with T
him.. :He -remembered -Au atition to • this, ,
which was tried before the presentLdrd Chancellor,
When he was Chief Justice of that Court ; where the.
Jlaintiff, :for a foul expression, had two of his teeth
knocked out, and the Jury gave him one shilling
datniages, or sixpence for- each tooth. LordIELDON
upon that occasion, inquired if the Plaintiff was in.
-Court, and being told he was, called him to him,.
at.td,advised him for the future, o keep a fair mouth,
.fOr if he did not, he would find sixpence a tooth but
a poor compensation, when he was deprived of them
alt, and not able to chew his food. This case was
.x'atly similar. He would not take up the time -Of'.
-the court by calling Witnesses, for he was confident.
the Jury had too much discernment to• give any
thing inorei.han nominal darnages.
Lord Chief Justice MANSFIELD stunmeck•up the,
evidence, and observed, it was ,a shlime that so
much of the tithe Of the Court • should be taken up,
when there was so much more important business
to be genie through.
The Jtiry, without a •moment's tesnation:pgavi
verdict for the Plaintiff, damages is.

. The Criminal Court at.,Glasgow,,pn .WectiNf,,4oy.
se'nnight, passed sentence upoil a lad of the
rn4tne,
-of Andrew Fairley, conviEted' of assaulting• gir'N of
the town, aftef night fait, and by ill usage extorting*
from them_ money; to drink. .Several. young wouieii
who bad. fallen into that.unfortunate line of life at-,
tended and made •Oath7thtit'Fairley was one •Of
gang of six or seven lads• who, whenever they met'
with any of them in.. the.: dust;, and unprbte&ed;
beat them in a •atbstrous, planner, ~with Inotted
cords, prepared kir 'thy 'purpose, till their forbear-
ance was purchased byy-a present of monek. The
Magistrate informed the Prisoner that't he-misCdn-
dud of these young women gave him no title to yio-,
late, with regard to them, the laws of the land,.
which proted every description of his Majesty's
subjects ; and 'adjudged him to pay a- fine s,of'five
guineas, to find cantion..fOr his good behaviour for
twelve months, unatT a penalty of 1001, Scots, and
to be imprisoned till performance. He aequiesced
in his sentence, ancPengaged to raise the money by
entering into the army or militia. •

An American who has arrived within this week.
from Hamburg:), gives a most melancholy account
of the distress and oppression to which the Haiti-
. burghers are subject, under the regime of the French.
Police regulations have teen adopted and enforced
With • unekanipted rigour against every specieS of
commerce, particularly wher* there exists a shacicitv
.of suspicion that any articles of English produce ,or
manutaoure are attempted to be in A
troxed, !) Our
m inforant has see'a women on their returniti tr9rti
.trtere milk walk:in the country, searched
nerthat betrayedia.complTe contempt fox:cornmod
decency. All Ulu merchants and members of rthe
apcient Mndicipality arc treated with peculiar harsh-
ness. So much indeed is this felt, that such as can
contrive to remcreir property never fail to emi-
grate the vigilance of the French fd_prevent
the removal of property; guards against' any consi-
derable emigration. All of property that 'is to be
'found, those niaranderS appear 'rj.l.:,i6lved to seize
under the name of 'contributions. those'contiibtf
tions for the last twelve months have. amounted to
8 millions of marks Banco. In fao, from all that
we have heard, BUONAPARTE seems to have de-
I termined upon the total. dekruabori* that devoted

city.
An American seaman of-the.nathe' ofMatt
Jones, in ihe'EngliSh ,servite, ha's' 'made hiS escape
from the Danish.'prison at Nibj)rg-, and brings an
account that the following English Prisoners at-War
there, were all well on the' lseof- Ocleber last :7--
Lieut. Dobscin, rate of his MajeSt!,'FGlin-lirig Aeute;'
Mr. Brigham, Master 'of 'ditto ; Mr. Anderson,
Clerk; Mr.-Dobson, brother to Lienl.ll6lison ; the
Serjeant of Marines of the AcuteAP Lient.'Rornney,
late of his Majesty's Guty.brig •Claik,Per; Mr.
Hurnbiew, late Purser of hi4' Mjesty'S'Ship Pro-
metheus; Mr.-Shin-nous, late MaStei--14:-ne of
ditto; Mr. De Quebty, late Mithhiprilaii.bt. ditto
Mr. Spencer, late Midshipman of the Centaur;
Mr. Weiner, late Midshipman; Combatant ; 'Mr,
Sheaies, late Midshipman of Majesty's Gun-
brig, Gallant ; Mr. Reaves, late !-MidshiPinan; Ros-.
cius ; Mr Mann, in the employ ottlAtegsrs'.'\lthyte
and Lubbren, London ;- I,ietrieliant ..0t the,.
King's German 'Legion-: ‘:, ••
" On Saturday lasi,' hilst Eiri...of
Claydon, Suttblk;..Was engaged 'in 'shOOting, oue of •
his dolY,sAnddenly,iriade a- point at a-bare, ivhieh, on
his approach, jut-tined' up,'and sprang kith such Vio-
lenCe against one'clf the pointers, as tutre,ik
.dog's Shoulder bone:';
On Friday evening, the'lBrh tilt. as'-Mr.‘ Clad., '
farmer, in Litrledean, was returning onitorsethick -
(corn Kelso market,' he acco4Yedhy a min on
the road between' Teviofibridge and Ilothurgh
castle, whO'seizing hini forcibly by the in-
sisted on having -money from him- to-chink." Mr.'
,Clark hoping to get rid 'or him, and fearing teat he
should have accomplicei-near,*gave him' a one pOund
note. The' villain, not contented with this; took
hold of his foot .•and threw- him frOm his horse,
which he instatitly'rrionnted and rode otf. It-ap-
pears,, however, that he 'had - not ridden far. in
safety, as the horse was -soon I-Ound' nearßarnes,i
without: a rider,. and his saddle turned under his
belly. The-same evening a man was foUnd near-
Roxburgh castle, 'creeping on all fours, moaning;
and tench cot and bruised. He was -brought into
Kelso for surgical assistance ;•and, -from several eir,
cutustanceh, has 13... en since .tipprebetided On sthpi-
cion of being the same who assaulted. Mr. Clark.