The Sun.
London, England, 1801-12-22 00:00:00

DUBLIN, DEC.

HE Kini's Lettei is artrived for appointing the
SALCITOR GENERAL a BarOn of the Eich'equer.
MrSMITH has attained this Judicial Station at the
earl age of five.:and:.thirty.
.Te Hon. F. Htrrctit Sr-sbi; is about totanvast for
his tiother, CHRISTOPHER, to represent the City
of Crk. This lattit-Gentlemhn accompanied Lord
Ht tir rtisorr lo Egypt, and is, we believe; with
the English Ambassador at Constantinople.
M. litNitY PANEL is hourly expeded from
Engl.nd, on his way to tibe Queen's County, to
comrrence an alive canvass.

A nost alarming- fire broke out early on Sunday
morOng, in the concerns in Phcenix-street, be-
longiFg to Mr. BRETT, which did considerable
damage to the premises.

The 'second Representation of King Henry the
Fifth, or The Battle of Agincourt, drew a very
numerous Audience to Drury-lane Theatre last
night.

MYSDEN was taken ill yesterday, and could not
perform his charaaer in the new Opera of C/.•ains
of the Iktirt last night at Covent Garden Theatre.
EMERY was the substitute.

Mr. T. DIBDIN lately presented an Opera to
Covent Garden Theatre, which was rejefted. lie
has, either altered that Piece, or written another,
and it is expeded to be soon brought forward, with
Music from the united labours of MooiturAn and
BIANCHI.

REYNOLDS'S new Comedy of Folly as it Flies,
was represented for the first time last week at New_
castle, and received with great applause. It was
performed for the benefit of Mrs. STEPHEN KEM-
aLE, and her charaeler and talents, with the aid
of a new Drama, rendered it a very profitable night.
Mr. Moo ItHEAD,,WIIO by some unlucky mistake
had been induced to relinquish his past at Covent
Garden Theatre, is re.instated. This re-instate-
ment, we understand, he owes to the unsolicited
good-will of the Manager, who has afted without a
Leader.-

The Glee Club 'dined together last Saturday at
the Crown and Anchor Tavern. Dr. ARNOLD
presided, and supported the convivial authority of.
the Chair with his accustomed, -propriety. The
most applauded Glees were two of Dr. Coox E's,
viz. " Gaily I live," and " Fair 'Susan," which
were received with unhoUnded commendation.
The Abbe DEL ILL E 0 'receive for his Trans-
lation of Paradise Lost, 30,000 francs, being seventy
times as much as MILTON received for the original !
And yet these are the times in which we are told
Literature receives no encouragement.
On Thursday last an ;talon was brought by J. E.
JONEs, Patentee of the Theatre Royal, Dublin,
against Mr. ytt ;LIP AST LE y, senior, Proprietor :of
the Peter-street Amphitheatre, for causing 'to be
performed the Farce of Lock and Key, which lte
considered an infringement of his Patent. The ac-
tion was tried before that distinguished and- able
Judge Lord AVONMORE, and the Jury •found a ver-
diet for Mr. JONES ; the result of which will be
that he will recover Penalties to the amount of
9001.

M. DESFNVANS. in hip; recent Publication; with
his usual acuteness and discrimination, finely il-
lustrates the distindion between the knowledge of
an Artist and that of a COnnoisseur. " A good
Painter," says he, " must be a 'good judge of
Piftures, and may frequerilly point out, better than
those we call Connoisse'urs, their qualities.and im-
perfetions, without being able to ascertain, their
authors, which is truly the business of a Connois-
seur; as in fat to learn
.Painting) and to learn the
different manner and stilei of Pai4teiS, are two
distinet pursuits. An eminent Wilting Master will
judge better than a Banker's Clerk, of a piece of
penmanship, though he may not even be acquainted
with Abrahath Newland's hand.writing, becatise to
write well, and not to know the different hands,
has been his. chief study ; bdt the youngest Clerk
of a Banker; who can scarce write his own name, is
not only well acquainted with the• hand .of Mr.
Newland) but is also flnniliar with the hand of
hundreds and hundreds,besides4"

•
The Lawyers do nor seam to have beeri much
scratched by the War; or if they have been so, the
Peace has effectually recovered thin. Lord KEN-
YOWSPaper in London, these Sittings; contains 174.
Causes—Word AI. ANLEY'S 109. .
The conviaion of the LORD MAYOR on Saturday'
before his own Lordship at the Mansion House, will
remind our legal Readers of the conviaion in
AbridgMent, of a Pope Who \sentenced himself tobe
burnt; The story is extant, not indeed in choice
'ltalian, 'but in Norman Frelich; as follows':—
" Il y avoit auterfois un Pape et it avoit faift une
grande flute--Les Cardinals vinrent lui dire, Pei-
cavi.— II repondit, Judica me, mais its repondirent,
Non pointmus k- juditare ¢rcra to es cape erclesia,
jitdieg teipstillt.. Et it jugeoit quit devoit estre
brule. -Er idea cot-thus/ifs Ainsis' says the
legal reporter, " neteit it pas inconvenient qu'un
homme wit juge de mesme."

At a late trial in Scotland for rioting, the Lord
Advocate declared, that no Crime.eould be more
atrocious than mobling. This do&rine will set all
the fashionable females in England up in arms just
at the commencement of the_ rout. reason..

The younger Beatspr, the man charged with
having robbed the Mail; who was advertised by the
Post-Office as having ekaped from Horsham Gaol,
has been retaken.

Revel, the murderer of the late TFiomAs BAP T,
Esq. of Dublin, on his arraignment last week, at the
Commission in that City, pleadedgui/o. The Court
humanely, remonstrated with him on its consequehces.-
He persevered in theplei,- and 'Was ordered for; exe..
cupon on Thursday last. On the same days the
maid servant to Mr. i3ARRY was tried as an accom-
plice in the murder, but acquitted, the evid6ce be-
ing merely. circumstania, unaccompithied with any
prof of fgt. The murderer, indeed, on pleading
gutty, solemnly averred he has the sole perpetrator
pf.he horrid ad:

the Dash, Hill, fronfltilemel to Hull, is lost near
Vie.-

LAW REit.iii,

kINCOLN's-INN.-HALL, D. 11.

DRURY-LANE THEATRE.

THE LORD CHANCELLOR sat this Morning Ofd
Cause Petitions, but nothing material or interest:
lug to the Public occurred, except an obSeivatiOl'i
which fell from his Lordship; respeding the Pe-
titions in the above matter, which stood ,for
Morrow. His Lordship saidi that several of the
Affidavits delivered in support of these Petitions,
did not appear to haire been filed; consequently
they could not be read at the hearing: In order,
therefore', that the parties might be apprised of this
circumstance, his Lordship direaed, that the
ter should stand over till Wednesday next, and that
they Might be at liberty to file such- Affidavits as
had been Sworn tO oh or before Saturday last:

COURT OF KING's BENCH, DEC. 21.

SITTINGS iE.FOR'T LORD KLNYON AND A SPECIAL
,F;ay,

AT GUILDHALL, LONDON,.

ROBERTSON AND,OTHER3, EDINGTON:

The ATTOR.NEY GENERAL said, that this Ac..,
tion was brought by the Plaintiffs, who were con:.
siderable Merchants in the City, against the De-
fendant, who was the owner of a Vessel called the
William, engaged by them to cake in a cargo of
deal at Petersburgh. The Charter-party contained
the usual CoVenant, of the Ship's duly sailing, &c.
That in breach of that Contrad the Captain did
not .proceed to Petersburgh ; but, instead of that,
came from Dantzic to London, for 'reasons best
known to himself; for he had assigned Several in
his Protests, at different places :—some, that he had
met with bad weather, and he was detained for re-
pairs ; at other times that he lost his crew; at
others, he was short of provisions, &c. ; that he
was afraid of an embargo which was laid on in
Russia on all. Blitish vessels :—none 9f which, he
contended, would avail him ; for it would appear in
evidence, that other vessels, which passed the Sound
after this, arrived at Cronstadt in safety. That as
to the Embargo which was laid on by the Emperor
PAUL, it was taken off long before, upwards of fifty
days, before. this Captain left Dantzic ; the Post
from which place to Petersburgh was only twelve
days ; azol therefore. he. must have known it, being
a thing too notorious to be a secret:, to hiS
want of provisions, the Captain ought to I .iave7 61: •
ken care of that ; it being the constant. custom fot.
vessels in that trade to be provided with Sixot -
seven Weeks' provisions. In a word, he contended....
that there was no real excuse for not performing
this Contraf 'according to the Char'ter-party, which
was dated on the z3d of Augtist z 800, and signed
by the Defendant; owner of the ship William, Cap-
tain John Stevenson Master ; the substance of which
was,
.that the "ship should sail for Petersbtirgh as
soon as could be, and there take in a cargo of masts,
&e. and other deal for stowage, &c.—dangers of
the seas-, restraint of princes, &c. excepted.
It appeared in evidence, that other vessels passed
the Sound ten or twelve da) x after this ship, the
William, sailed, which was about the 14. th of Sep- -
temher, .t 800, zind that they, some of _them, pro,
ceedod to Petersburgh or to Cronstradt without*.
much difficulty-, &c.

The case on the part of the Defendant was, ;hit
after the ship wervz through she &send, it -met with
'tempestuous weather ; 'that she was "seven or eight
days off Gathiatid, &C. and that by meredistress the
Captain was obliged to put into Dantzic. Thai
on the 29th Of September a signal was made by a
British ship of force for -vesseh to come to, which
she, was not able to'Come up with ; that *a •consulta_
ti 66 was held; the result of it Was, to make to'the.
first port they could; *hid!' ryas Dant2ie.i that he was
then short of provisions, sand cotihi not 'sail. He
did not arrive at amtzic.until_ the t7th of dap-
her, at which . time there *as a report that an em`-
Margo was laid on -British Ships it Russia that
part of his 'crew, six iu number 'were. Danes
•
and Swedes, who went immediately on shore
at Pantile, and applied to- their Consul ; in
conseqUence of whoSe representations at that place;
the Captain wit'Ordered to •deliver 'up these met ",`
fOr they appreheilded danger in going td
burgh in a British Ship, vvitiCh Was a POwer''Wliicit
the Captain could not -resist. This Crew was after=
wards delivered to the
.Captain; on condition
he should deliver them up to a Danish Mail of
War at Elsineur-'--That he could "not get fo Peters.:
burgh before the-28th of 06.ohcr, and then he.took
in a cargo. to come to England, &c. but hot before
his hopes of going tOPetersli .:gh were ()lief-, which
'was-less beneficial than if he had gone to Peters_ •
burgh; by gool: That afterwards,• when -he came to
England, and the Embargo being taken off', he
tendered the-services of himself and the vessel to
go to Petersbargh, but the Plaintis:i would not then
take it.

These and many cither.PartiCulars appeared by
the evidence of Captain Stevenson,lwho 'swore that •
he did not loiter, but did every thing according to
the best of his judgment, upon all the circumstances
of the case. That the• reason he did not go to -
Petersburgh 'was, the, report he heard 'that British
vessels were under Embargo when he was t Dant-
ziei as well as judging to that elfeft, from the
signal of the British Ship of force, although 'he.
could ndr conic up with her.
The .same circurnstances were confirmed, by the
IVlateof_the-Williatrt; and it appeared also that they
had encounieteci • much wore weather than those
who came ten or twelve days after them. - •
tnrd WityrwoliTH 'proved his givingorders for a
signal being' given by a Vessel from Copenhagen on
the zoth of Sept. for the purpose,of preventing Brig
tish -Ships going. into Russian Ports ; that the post,
as his Lordship believekWas ten or twelve days in
passing from Petersbuigh- to Aantzie.
It appeared that the Captain did not apply to
the British Consul at -Dantzic, to, know, whether
the Embargo was taken off at I'etersburghi akhouglt
he *as therb near flity days after that eitenc

Us.W

place:
Lord KEi4YdN said, that the single questkqww&s, yvy,
Whether the Captain, Stevenren,,had fwlged
as he could, under all the circumstance:3, and aced
for the best, for if he did he must stand, acquitted
in this case; for it was not to be judged of now by
those who felt not the dangers and apprelicnbic os

that operated ,upon his mina and e.linking cooly,
what would have :-eery best.tO be done ; but what
a man of; ordinary nerve was likely- to do at
the moment, surimindedas he was by these circum_
star) ? In C.E her words, the question was, Who-
. tlwr"lle C.-1Y had aeed.4ona fide or not ? Now,
the Captain bad sworn, that he did in the best :way
-he could, He thdught himself 'bound to helieve a
Witness in N:,hat he swore, if-he had no interest
sul s ct '(:iIT the Captain here had no
, interesf„ for he ,vas released 'by the Owner) ;
but, however, a Jury would dismiss the testi_
,ninny ,of 'the Witnesses, if they ' saw any reason
for thinkin.7 :hey ought not to be believed--1-but
a- man can.,: with a fair character, and without in_
terest in a question, and he gave- his testimony,
fairly, and nothing appeared on the other side, (as
was the case here), common charity; 'which we all
carried about' us, ought to induce .its -te• believe .
what we heard from him—Superadded to this, there
was the circumstance, that this man was, aaing
.
against his OWn interest in returning to England
'instead of going to Petersburgh, fur it made. a dif-
ference of 8001. Such were general observations.
It was said, that ten or a dozen Ships that came after •
this-Vessel got into Petersburgh :supposing they did
so, without inquiring, whether it might not have
been better if they had,not, that could not decide the •
case, for this vessel might be afFeeed,when the others
were not ; and the Captain swore, that, he was not
able to go to Petersbnrgh, and' that he was obliged
to put in, to, p:lntzic, where :six of his crew were
, taken away frbm him, and allowed,to go back, only
on condition that they should be delivered up at
Elsinettr.--7lt was contended that Dantzic was one
of .the Hance Towns, -and that our Consul might
hive made a represen-tation there in. the British
name, which would hilve had the effea Of giving
back to this En4ll§h Captain, these six Swedes and
be6ar'ne .eyery to speak. of r
that Nation to which he belonged, with pride
Wherevei its NaVy,colild corne into anion, but sup_
pose we should be a little land-loclet and could not
get to a }dace. ‘,..here some were done which
we could not wish., Perhaps there was
,a Monarch
among the States of Europe, who would not have
taken, exactly, the course he did, if our Ships .
_could have reached the Most important *par( of
his dominions. The King of Prussia and the
town of Dantzic did not' think' alike perhaps,
but, ,from some little supposed influence, they
anted a good deal alike, and therefore there was !.
no probability that after the Captain lost .these
.swede.s and Dimes at Dantzic, he would have been
able to supply their places there. The Captain, in
this Case, never thought of a Cargo for England •
until he had lost these men. ,
This was a Case which was peculiarly for the
Jury to judge of altogether ; there was 9- law in it,
other than what the rules of. trade -required for the
common convenience of mankind, for the decision of
'• which the Jury were infinitely fitter_than he was, or '
pretended to be ; he did not say this from the common
-affedation of praising those he -spoke to, but from
real feeling; he kneo, and he felt, that without such
assistance as he was in the habit of receiving from.
.that,box, he should be obliged to give up his situa-
tion, for he would nor go on upon commercial affairs
without the assistance i,e had from Juries of the City
of London : they „aided. him in his weakness, and
supplied his d fees. So their superior knowledge •
would dispose of this Case : that superior know_
ledge not only would, but ought to guide in this
Case. His unitarned observations on it made hiM
think the Defeneant wii's delivered, in this Case, from
his engagement. Tiie Captain appeared to have
'aced bona fide; and if so, the Defendant, whose
agent the _aptain was, was not responsible. But
if. the Jury thought otherwise, they would find a
Verdi & for the Plaintiffs.
The Jury withdrew, and in a short time brought
a Verdict for the Defendant. . ,

BEATSON w. SCHANK AND. OTHERS.

This wak an Aaion brought by the Plaintiff),
who was the owner of a vessel called the Asia,
against the. Defendants, who are the Cominissioners
of the Transport Board, upon a•Chatter-party, by .
which the vessel was let out by the Plaintiff to the
Defendants, for the public service,' to carry Troops,
&c.. from Cork to QUebec,_ from thence to Hali-
fax, and then, to proceed with Maroons, &c. to
Sierra Leone, &c: under certain stipulations ; among.
the rest, that she should be providediiia specified'
sway
with so many, men to every too, tons, &c. at
a given‘rate of: freight, &c. and in. case of failure
in any ,of the stipulations, such, a-s loss of time,
breach of orders., or negligence of duty by the Mas-
ter, in either case, the owners of the ship were to
ne mulaed ; or, by ship's, inability to execute
the orders of the Board, or proceed on the service,
and that made appear to the Commissioners,
they should be at liberty to MUla the owner as to
them should seem ift, &c.
Such was the substance of the case as it came on
.by. admissions between the partieS ; and the great
question in issue was, Whether in this case,
the Commissioners had power to mule the. Plaintiff
in Con Sequence of the ship having failed to proceed
'from Quebec to Halifax ; for, if they had, the mat-
ter was at an end, the owner having no right to
dispute the quantum, that being matter entirety left
to the discretion of the Commissioners. After_ a long
trial, of which we sisal; give a full account hereafter,
it was agreed to turn the case into a Special Ver-
dia, in' order that the question Of-Liw, arising
'upon it,.may be argued and decided-by the Court.

FRIDAY V. COURT A"'D OTHERS.

An ACtion to recover the value Of 4o hog-
s.hea4 of tobacco soli by the Plaintiff to the De-
fendlnts.by means..of their ,Broker, who proved the
contract, and who was Agent fot' the Plaintiff at the
commencement of the dealing, but became Agent fur
both
parties before it was con lulled. _
The Plaintiff offered to sell the. tobacco to
' the Defendants for 54d. petf pound weight—
one of the .Defendants- offered sd. fr-r it. The
Defendant who treated with the Plaintiff said,
he would refer him to his ion; a partner in trade,
and then went out of town. The Broker called on

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