The Sun.
London, England, 1801-05-16 00:00:00

ST. PETERSBURGH, APRZX. 20.

Og the i3th inst. the Senate was honoured with the
presenFe ofFlis IMP r It IAL MA J Es.r v. Several Ukases
have been ,published : i. Confirming the Rights of
Lite Nobility. z. Re-establishing the Regulations of
CATHARINE the GREAT, for the encouragement of
commerce and industry, and confirMing the City
Charter. 3. An Aft of Indemnity. 4. Abolishing
the Chancery Of 'lnquisition. S. Repealing the
Prohibition of the Exportation of Commodities, and
providing indemnifications for those who had suffered
by it.

The Park and Tower Guns were yesterday even-
ing fired in consequence of the 'Dispatches received
from Egypt. •
The remains of Sir RALPH ABERCROMDY -were ,
brought home in the Flora Frigate, it will doubtless
he gratifying •to his friends,- that his ashes should
he deposited- under the monument which' is likely to
be raised to his memory.
The ball which struck Sir RALPH 4kBERCROMBy
'entered his thigh, and rose upwards, so that it was
impossible to extraa it.
Col. AB EitcßomEr, we are happy to learn, was
not wounded in either of the Actions in Egypt, as
has been.reported. •
By thedeathlal Gen, SirRALPH NREitCROMBY,
the Colonelcy of the 2d Dragoons, or Royal Scots
Greys, and the office of Commander in Chief Of the
Forces in Scotland, become vacant • as- does also a
Red Ribbon of the Order of the &;h.

Generall-Itpremi mos, who now commands. in
Egypt, is second Son to the late J. liELy HUTCH IN.
sus, Secretary of State in Ireland,
,and Provost of
the University .of Dublin.- bile is brother to the
Earl of, Dosooimoite, and is •at present one of
the Members in the 'lmperial Parliament for the
City of Cork. •

The attack in Egypt on the 2 Ist of March, was
commenced by the tg Invincible,Legion," a Regi-
ment of 1300 picked grenadiers, to whom the Di-
rettory presented a Standard called the Invincible
Stan'dard,' 'ivho made the attack in a state intoxi.
ca An ; the flints having been taken out of their
gulls, "that they might rely only upon the bayonet.
It commenced upon the 42d Regiment of Highland
Foot, which wa.; mistaken for Turkish; They pe.:
netrated the lines, and being nobly opposed; fought
aqua' to any but British. Troops, and, refusing to
surrender,,' every were, ,man, killed and buried
within the English Lines ; not one survived to tell
the driadful tale.

Mr. BA I. D.W IN, the late British Consul in Egypt,
cam passenger in the Flora.

A Mail for the Army and. Navy in Egypt is now
making up at the Ship Letter Office, and will be
closed in a Mw diys. . •
The Duke of Clarence, with, Sir John Douglas,
and several parties of rank, yesterday visited Mr.
Porter's Great Piaure at the Lyceum. Ihe Siege
of Acre-is much the best subjel an Artist ,could
have chosen to aura& those most anxious for the
honour and gallantry of the British Charader.
The superiority .and excellence of the Amuse.
ments at the Royal Circus, St. George's-fie:cis, 'his
season,. have rendered the patronage bestowed upon
that Theatre beyond all precedent. The charming
speelacle of Rinaldini, is
,highly praised in every
circle; the representation of our- glorious Naval
Vklory, which has afibrded to the Public the most
perfedt representation of a Sea Engagement, pro.
duccs, from the excellent management and manceuvr•
ing of the ships, particularly a real Seventy-four, a
most astonishing effea, and the business and Music
arc completely appropriate ; the surpriziug Feats of
Master Saunders, render him the first equestrian of
the age ; and the grand Pantomime of the Magic
Flute also continues. to lie admired ; but we find,
that after next week son of these pgpular Enter-
tainments will be withdrawn.

LAW PE01:7".

COI,IXT OF KINC;'s BENCH, ritstAY, MAY 15':,

• Mr. Mt NC;AY 'Moved for a Writ of Habeas Cor.
pus to he direCted to' certain persons whom he
wished not to name at present,' to bring up the body
of a Gentleman of fortune, who was stared by very
viAuminous, Affidavits,which had been drawn by this
- Gentleman's. Solicitor, and examined and correCted
by' the Gentleman himself,, imputin4 to these Par.
t:es a great deal ,of impropriety -or conduCli and
stating that they. had falsety charged him'as a Luna:
tie. Ha' was at one of those places which are
called Private Madhouses, but had he been at one
of, the Public Receptacles for lunatiesi he would
long ago 11;,‘ e been discharged, because they were
properly visited by,Professional persons,*upon whose
report he,must have been,set at liberty.
Lord KENYON said, that the better way would
be to I“ the Writ of Habeas Corpus issue, and the
Parties to whom it was direEted, wOuip.d consider
how they returned it. It was said that if Gen-
tleman was at a Public Madhouse he 'wo,dd be pro.
Berl taken 'care of, on account _of these places
having propel visitors ; upon that his Lordship said,
that we had, very lately exhibited in that Court,
a very melancholy proof how some of these places
were looked after. A. great 'dial inure 'attention
'should be paid to these places than bad hitherto
been bestowed upon them. All places of Confine-
ment ought. to be watched as carefully as-possible ;
but here Humanity required, that not only all atten-
tion and care should be applied to these Pacts, bttt
also to each individual „every day. It appeared that
-at some of these Pabile Places for the reception of
Lunatics, there. were liCiween fOur and fiveihundred
persons at a time together, requiring -more than
common care and tenderness ; in what manner they
had been taken care of, he had too melancholy a pic-
ture the other Aiay.; in a Cause that. came before him
at Nisi Prius. Something must be done in this

business.
Rule granted.

•TIIE KING V. ArslS.

This was a Rule calling on Thonias Ar;.s, to
show Cause why a Crimilytlfi:formation. should not
issue ag:li.nt him for inhumanity-w-a person of the
name.of John
.Heron, whoni Le had in custody two
years and a half ago, -as KeeFer of the Cold Bath_
field's Prison. ' :

Mr. GARR.OW shetved cause..against the Rule,
and addres'sed the Ci)urt- to the effea of sheaving
that there was mush
,artifice emproyed 'in• some
places,- to bring,a prejudice against the condo of
thiS Prison., but .that the tinse would come when the
mist would, be dispelled, and. the visiting Mi..
gimates, and'rho. se undq whose inspeaion the Priz
son was managed; would stand-high in the rank of
Society for their Humanity ; .he then desired th::'
the Affidavits should be read on both sides, every
word.

The ,ffidavits. bci lg read, It appcaivd. thlt
great .deal of inhainamty had been imputed. co. the
Defendant towards this &ban, John Heron, while he
was, twice, -in his custody. The Affidavits, on the
part 9f the Prosecution, were sworn by. Heron him-
self, 'Philip Lane, a weaver, John Bone, a book.
seller, Charles O'Neil, John Bresco, Prisoners at
the same place, and also of George Ralinch, who
was, at that time, 'Turnkey of the Prison.

On the part of the Defendant, there was his own
Affidavit, together with the Affidavit of James
Aris, the store=keeper;' Thomas Nicholson, the
clerk, Joseph Ballard, the cook, and Edward Rus_
sel and Nathaniel Cleaver, Turnkeys of the Prison,
by whose positive oaths, every charge of criminali-
ty whatever was totally denied, from the beginning
to'the end, and to which, was added, that Raunch,
the Turnkey, had been accused of being concerned
with the Mutineers, who were in that Prison at
the time in question ;—That he himself was con.
cerned ih planning means for the escape of the
Mutineers: That• hp gave 'intelligence to 'them
when search was intendedlo be made into their pro-
jeas : That he concealed their tools : That he had
been lend to speak of his having carried Letters
between some of the Prisoners and Sir FRANCIS
BURDET : That he had been heard to declare, .that
Sir F. BORDET would give him bread for life, if he
would go and swear every thing that was bad against
the Hostile, &c.

[Here we beg to state, that we not say this
is true, we Only report, that by, one of the Affida-
vits.it was so stated.]
• To this it was added, that in some ofthe •timC of
the-confinement of 1-3trotl, it was sworn, that he
was allowed . 411, per week, by Government,
he being confined on suspicion of Treason, and that
his wife was permitted to visit him ; bat all the
Affidavits concurred in stating, that he had even.
comP)rt
_which the regulations Of
,the Prison wouku
allow to persons in It.i.situation, and that he him.
seV hal, more than once, admitted that he was as
comfortable as_he could wish, 'and that if it were
not far the name-of the, place, and for the anxiety of
his.wile ard,family, h" would as soon be where he
was,
.as be at large, kc.
. .

Such is the •stifistance.of the „Affidavits to giye
the..dc9ils them, would occupy a:.much larger
;portion than We can allot to a case like this; but we
Will venture to say, that in what we have stated,
wit have, misrcpresented nothing.-
. 11/ki. MAR YATT made an able Speech against the
and went over the points.of the Affidavits, as
did also Mr. SCOTT,, in 6tipport,of the Rule.
Lord)(ENNON delivered his opinion on this sub-
Ica at colmidetable length, in_ the course Of. which
hi;Lordship ol“rved, that Nir,,Sc °TT 'had thought
iptovorph his while, pretty emphatically,. tainsist
AriS,.. against whom, this Prosecution. was
Je.vWed, was an Officer el the
.Court :of
some
because the, cAUrrt'had cPultnitted sorne per-
sons into his custody.
...klis-lordship..said, he did
,got very well understand what. that 'had to' do
:with
.the business now before ;the Court.;, Mr. Aris
• was,,an 06leer of the Cp.qt, as all Officers Cri-
jast cc were jp. this
.1/4:puiltry, namely, chat
he -would' take the care of any 'inart,Wlig 01,e Court

ettiered into hie etistody.--so must every Gaoler in
the Kingdom. In •no 'other resPeet whatever was
be the Officer of that Cotirt.• He was not ordinarily
;employed by that Court, nor superit tended by any
Minister of the Court--Known to lits'Lordship,and
to the other Judges, by 'nothing, -except rumour,
that he was a man who held.4certain office. The.
_Court of King's Bench was at the 'head of the
Criminal Jut istlidion of this country; and it there-
fore becanie its Judges to be extremely attentive to
the administration of Justice in it ; to be ex-
tremely jealous of the Miscondua, or even of
the reputed Miscondul of the Keepers of Prisons,
because if they misused their power, persons in
the situation of Prisoners in their custody, :would
have no where to apply p With 'effeet but to that
'Court, at least for remedy by Law,withoutfavour ;
so that if the judges of the Court of King's Bench
were inattentive to the complaints,
.and even accu_
sittions of Prisoners against their Gaolers, the cases
'of such Prisoners would be without 'remedy. The
rule of Law therefore was, and the prd-tice of the
Cdurt therefore was, to hear all complaints of Pri-
:soners against their Keepers with open ears ; they
had done so in this.—That there should be places of
confinetnent for those who are accused of crimes,
was a point whish no one Who did' not wish for
the extmition of Society, would dispute ; as indis-
putable was it that there should be some persons to
.superintend these places ofconfineMent, and although
one might be.: sorry that' they were' ttci"places of
comfort to those who were kept in them ; yet, if
it was worth while to keep Society together, it
must be kept together by the' sanaiOn that was
given to a system of reward and punishment, as.
'applicable to Virtue and Vice. That. system re-
'oired that persons accused of crimes should be kept
in safe custody, till that season 'of teal arrived by
which they were either condemned or acquitted by
their Country. , If theie were any persons who
wished to call on a giddy and Unguided in and
incite them to violence, by sounding a word,." Bat_
tile," in their too. credulous and co preVail
upon them to lend their force to ,break down
every place of confinement, and thereby set every
person accused of whatever crime, At liberty, all he
could say was, that whatever such persons might
think of the Humanity of their own motives, cer-
taio it was the accomplishment of their object would
be the destrtiaian of Society '; for, after such'an
event
,Society could not exist.' ,

HIS -Lordship, thought it 'necessary to say a few
words also on the subjed of Prosecution by Informa-
tion. He knew it was a, mode which had been cavil-
ed ~at but he was fully coOineek it was a mode
which was perfeelly necessary for the benefit or the
Publio,- a very necessary mode ofproceeding. BLit be-
' cause it -was heavy on the:Parry, and an expensive
Mode of-proceeding, the Court had wisely laid clown
certain Rules with regard to it. These Rules 03-
' vided, that if two Terms elapsed,.or a certain num-
ber OfGaols Delivery, between the date of the sub-
jeCt .of complaint and that of exhibiting it, the.
Court Would not proceed in. this way, unless it
should appear, .distindly, by affidavit, that the
party applying had no power of making his appli_cation sooner. By this practice, the L.otirt,
remembered, did not: stifle the elaims'of Justice,
because the party had his 'remedy by his appeal to
Grand Jury'; all that the COurt conveyed by refus-
ing to hear stale applications, was, that the emer-
gency of the case. could not be so great as to require
the extraordinary interposition of the Court where
the party aggrieved had' himself been dormant for
two Terms, at the same time, always ready to
hear the party-if he solemnly averred that he had
had no opportunity before. These observations
were applicable to -the Case now before the Qotirt,
and Mr. SCOTT received from the Court an intima-
tion to that.effeet, upon which, time .was given to
his Client, to' state whether this was, or was not,
the first opportunity that he had of making his ap-
plication to the ,Court, and- the Prosecutor having
sworp it was,' the .Court did entertain the Motion ;
but it now turned out that Mr. Scoi-r was mis-
instructed in that particulaL, for it appeared that the
Prosecutor was many Montßs at large, in which there
was nothing to'hinder him from making•applicatitin,
any where, between tile time of his discharge from
his first confinement, and. that of his being appre-
hended a second. time,- and therefore, 'to the greater
part of his complaint, the Court would, by its own
Rule, • have been bound to leave him to his remedy
before a Grand Jury, if any real cause of complaint
he had, provided the Prosecutor had stated"the fitas
as they now turned out to be on the -Affidavits.--t-
This objeCtion 'applied to the'greaterpart of this
complaint ; • but allowing' this Rule of the Court,
analogous. as it was to the Statute of LiMitations,
to be set aside, and allowing that the Court.ought
to. hear the application without reference to this ob-
jettion, yet his Lor&hip was most clear, upon the
whole-of the Affidavits, not from number, but from
weight of evidence, 'that the 'Court .was.not only
called upon to say there was no Justice to warrant
this information issuing, blit •to say further that
there was nothing whatever, ..that was criminal
made out against Mr. Avis. upon this occasion.
Here his -Lordship went into a detail of the Eas as
disclosed by the Affidavits on both sides, by which
he illustrated the propriety of his.conclusion, that
.there was nothing -criminal' made out 'against Mr.
Aris upon this occasion, the consequence of which
was, that this Rule Must be diseharged; and dis-
charged sAith:Costs.

The other Learned judges concurred with his
Lordship, and the Rule was therefore discharged
with Costs.