The Sun.
London, England, 1801-07-11 00:00:00

DE,IL, atrLS :o.

. ,
-dis Nl;i3e' sty's with la
Arthei and .Mariner Gun-brigs, and
4..7acriori Aimed 'Brig, sailcd this manning on a
Cruize to the Westward.
Atrivect the &c,:z-Horse ixigate, with a Convoy
'from the IVlediterra'nean.
In the Downs,, the Ofver.y.r.rei; St; 'Fio'ketiza, Sea.-
;Arse, Hound, Rave; Exigehie, and Dill:teller' Sloops,
King
_Geerge., Stag, Venus. (Ist) Cutters,- Resolatios
and Vigilant Loggers.

thThe pevitin Sloop, which - ..fought the
ree 'french privateers, carries :tg guns, and is
Commanded by Captain 11/1,15E.1.L, and not Captain
touv 41E, as has been stated. She. engaged the
Prench .ptiVatgers -on the 16th of March, and lost'
her fore-topmast, instead of foremast. The; pri.
Vateer.she was taking possession ofscarried 22 Sheeaptured the Swedish East-Indiamanon.the 6th,
of April, which had loaded .at the Cape, and was•
bound to Got-tenturgh, valued at 6osoool. The
Pevuirs h4d-only four men .wounded. in the action
with the privateers..

- The Fleet which sailed from Portsmouth for the
West Indies, on the/ 2ISt ult. underc6nvoy of the
Garland Frigate, were ail well on the z7th, in
lat. 4.7.21. long. 8.35. with a line breeze at E.S.E.

Res 6ruitdii Vestershall, from Pensacola
" I Mob Ole to London, is taken by die Syr en Fri-
titt, and carried to Jamaica,

sAlr
REPORT.

COURT es KING'S Blisf6ll, FR IZ4 Y) ?LILT L/..

SiTrzscs !t:tigv
.KTliiOn AND ;7ECIA4
Usk Y Gvittra)cti:', taguoN.

r As soon as Lord KEigiori Caine into.,Conit,- his
4ottlihip obSiered,' that -he had -re=considered the
case of yestetday, of Hunt and Loring where the
point had been reserved, ‘f Whether the condem-
nation of the Goth in the Exchequer -.Was not ne--
cessary -before the PartY could declare for a.Loss as
for a Forfeiture," I-le had looked into cases,: and
f'cound'.it was decided againit the
,objection now.
taken; so that the point was now at rest.

THE ICING' V. OWEN AND ANOTHER.

M ar. JE vrs opened the Pleadings for the Crown.

The ATTOR' EY GENERAL Stated, that-this: In--
di&ment was preferred; in order to repress a prac_
ace' fotinded on A system of Fraud arid Erribezle-
ment, ‘vhicif if not repressed by infOrCioithe pe-.
Maks inflied ;by the Law, it would be in vain
that we should devote, as we did, such large `sum's of
money to the brit SerVice of this'country, he meant
the NaVal.Service, 'for. if Frauds and Embezzle:
ments, such as he had to lay before the Jury, were
not' repres-sed; 'they' would be defeated by such
Frauds and Embezzlements,,they .amounting al.'
ready to no less a suer-than 5°6;006E.. within One
' year. He • repeated, that unless• such Frau& and EM-
bezZlements mere put 'a stop.- to, it would be •in •
vain to, vote large .S :2 MS of money' for the -Public
SerVice";•the wltple gevenue of the Coulitry,rnight,
at last, be swallowed up by pragices like that which
- vas now to be submitted to the Jury. The two
PersonS who Mere.the subjeas of the Indi6lment
. just opened, were Mr.:RobertOwen, and Mr. Wil-
liam Marsdell, personi carrying on very considera-
ble trade in Paetnership. together, in HoUndsilitCh.
It was a subjea of serious:-regret, that persons-in a
situation of life which placed 'them above indigence,
the ordinary thotch'insufficient excuse, offered 'for.
fraudnlent pragic,es various kindi, shoidd.put sue it.
It would- appear, from Evidence, that the Defend_
.
anti had bee; largely' concerned in this mostfraudtr:
• lenttrafficke At the time when one of them was coin_
mitted, there was found in his' pocket a.letter, which
datiie to him diiefted to. Messrs. Owen and Idarsdell,
Itloondsciitch, from a man of the name of 'Henry
}sad, 'whq'was then-in Maidstone Gaol :It was in
Match 'lBO. r; and addressed - within to Mr. Owen,
oontaining• this substance—fc My wife saw Mr.
Hoviard:on Friday, and she told me that Mr. Mars-
shouldsaY, if I wanted- a trifle. of money, . in
regard of Procuring Counsel, or so, she shothl be •
-able to have it,. therefi,re, if you would assist me
riow, with a small trifle, it would be of great mt.:.
'vice with -me, • as things is but so so with me at
present ; but I rely in God to get clear, as the
Chatham Jury is 'appointed, and several of my
friends are chosen in it,"--7-by which the Jury would
observe, that this man wrote to both of these De-,
feridants, referring the one of them to the other;
and by which ivappeared, that he relied for his
on that which would be a forlorn hope to
the Defendants today.---namely,, the corrupt 'Fel-
lowship of the Jury: This man, Paul, Was however
convi&ed at last, although-he had been tried twice,
and acquitted, and the Learned Judge, before whom
he was tried, had occasion to express. some indig-
nation at some part of the Proceedings,but not against
'the Prosecution. Such was the connettionbetWeen tlils
Convia and the tvioDefendants upon this Incli&ment.
So'me time in the month of March last, a Gentleman of
the name of Mottley, Who wailnspedor of Stores at
.Portstnouth, being at the house of a Carrier of the
name of Clerk, discOvered'some things which caused
him to come up to London to search the houses of
the Defendants,-.-Where he found what .:
would be re
hated by the Witnesses—naval stores—the posses-
sion of which, tineuth6ried by Governmente was
by particular Aek of Parliament, made evidence of
their having thent in the same Way as gods are.by
.those who receive them' knoWing them to be Stolen,
and justly so) for no one coalclthoneitlyvossess such
articles t tat they had the name and -mark whiCh'de.
notedl them. to be the proPertY'Of the' Crown;:--_,
These things were found so marked in the- shop of
the- Defendants-. - The way in:which the discovery'
was made, was this :Mr..-Mnttle}r„froni circumstances
of infOrmatidn he had,' searched' the'houie .of the
Carrier he allt,idt..tf to. On nnding . some things.
there, packed up; which he knew to be 'of the
King, he asked where they were going to t- *as
told •to the .house; of - Owen and Maritiell; in-
,l-coundAii•-ch. • trpon this Mr. MottleY carne ii to
London', got a: Warrant froth the:Lord Mayor to
empower him td search the 'hotises• and wafehMiSei
of the two Defendants; and he went under that au-
Chority w t.lt t'wo Miirshalnien'.toeaeh-of the ha:115,-s'
of the Defendants, the one g 6; other
in Houndsditch, with the tillirt:2 of Owen
,and 'Mars.;
dell at the one, and 'frM'jtrskiell .and Owen at' the-
other, each puttin .his- own. name first 'at his own
house. These Otieers, thus authorised,' ...vent into.
the warehouse of•-&11-.; Owen, and there they COM.
under the stair.:-case, a. quant Ity copper slice
on which tie Broad Arrow appeiretl'partly-tiefaced,-
and industriously so ; some entire and 'plain,' and'
most of them PerfeCtlY visible. Conly.some of them-
.were entirely, untouched, and quite new : further
on, in the warehouse theyefound more: of the same
:materials marked in- the sarneutanner;andthat they
were the property. of His Majesty, and part of .his
Naval:Stores was beyond all question. • On some of
them there,was a peculiar :mark '.besides that of
:Broad Arrow, that. was "'afar." which'sfood fo-r
,the month :of March,--and the year 180 r, and the
letter C.denoting.that thestS to res Nirere marked for
the King's, use at the Dock-yard ofChatham, in the
month of March,re Sor;:and could not, have, been in
the possession 4r. f7itly Dealer before ihat time,' be-
cause they 'were not issued until that tirneout for
the King'ssservice;'.and it woold be difficult to'shew
hOw they could,' in the way of trade-, come into the
warehouse of the Defendants on the 2d of •April
followintz, and yet so they were.' The truth was;:
that these things which were found in the warehOuse
ofthe•Defendants; clrtne front Deptford, Chatham,
_and other Dock yards, aud they were all embezzled;
and this :was the,.trade.iii the Def;:ndants
trafficked. •While'the Officersmere.in the... Warehouse
of Mr. Owen, 'Mr. Matticy OW a packet; or 'bag,
lying on the counter.; He asked,Mrt Owen, what

tit
thi

Mr.
0

the

this: Ittn said, ‘atre
.not
The truth was, that this had .teen furnithed to
them by a man of the name of Howard,.froni Dept-:
ford, who had dealt in-thes'e things fa a while hin3.-
turnedevidencec and 16t.bis aSsistanc•io the
cons idion' of others, and .then
.himself to; tis
old trade again On-searching the house of Mars_
dell, other, goods' of the, same .kind were _found
there. In a word, it was clear Oat the Defenclapts
were in the constant habit of receiving these 'copper..
i
bolts, and copper sheathing, from 3.ortsmoutli, from
- Deptford, from Chatham, and -from other Dock-
yards, and he was, afraid that this
was not yet found outio its full extent ; butia great ,
deal of it would appear to day, ~so.that there would-
be no doubt left on the minds of the jury that the
Defendants, 'knowingly, and wilfully, had- ti
goods in their possession, and then the jury would,.
feel.it their duty to find .the. Defendants guilty.
could not, however, sit down with Out witrnin,g the
Defendants of the probable effe& of their attempting
to- defeat the justice of this prosecution, by Perjury;
.they shduld remember, that such an attempt would
aggravate their puniibment, Which, urn,the Statute
on which this- Indietment was founded, was disci-el
tiondry. _ •
.•

Mr. Charles Mottley swore,- that he-'was an In•:-
spedor of -Naval Stores, appointed by • the Nair
- Baird, for the purpose of .deteding-illecral dealings
in Naial Stores, at Portsmbuth. That he discover_:
ed some 'casks-at Portsmouth, containing sot Na-
ial,Stores, from which he derived certain informa-
tion, which led -him cci come tip to London f0.p.1-0.:.
Cure from. - the Lord May-Or a Warrant, and under'
the authority of it to. search the Premises of the
Defendant& in rHoundsditch. That he- came off
from -Portsmouth on the '3 tst.of 41/1-areh,
.and
ceeded to search the *Defendants' Prethises,- on the
id of April. He found•th,it- the Defendants lived
in .;sepaiate houses; in HatittEdit'ch, " the eine -at N.
96, the other at 99. • He searched the 'Warehouse of
each. The names-- were :on the door, • Owen and
Marsden at one, and Mandell and Owen at the other.
t'he'y carried on the trade of Copperstnithsin Part--
nership 'together: The -firSt place:he searched -wai•
that• of the °Warehouse of the-Defendant Owen: -In
a •Binn under the Stair-case he.found several pieces of.'
Copper ; Copper Bolts, and. Copper Sheathing such
arteles as -are used*in 1:Iis Majesty's Navy. At
the other end of the *Warfhoule,- where.aAumber of
_
men were employed, he founda great quantity .of
new Copper, Copper Sheet, and some pieces' of
Copper Bolts, upon 'many:of, Whiaithe road --A T—
r° w was visible,.On others there. was the Mark of it •
to be traced,,and evident pains had been taken to de-
fate it by hammering: and* 'On •some of
which 4as a peculiar mark,
Marthe let ter C.-standing
for Chatham, the letter's standing for -March,
and the year 18ot, together with the • Brpaci Ar-
„
.row.

: (This %vast() shew the.dafe;-before which these
thing' s could not have-lven issued i!rotn-the Dock:.
yard at Chatham, as appeared'. afterwards by the
Evidence of, another Witness.] - _ •
Mr. 'Owen being 'asked hoW he came by. this
Copper,' said, " that any body could. Make • these
marks of 'the Broad Arrow, thar'he Could make `'a
room trill of them in a very''shOrt time."—Mr.
Owen was at dinner
.when the Witness and the two
Officers went. into the warehouse, btit he came
down and attended tim.whoic- of the N3eatch..:--Hc'
was told that these were the. King's stores;and
Owen said, he could not tell.—The Witness said
he came up to London in consequence of 'the infor-
.;llation-he had at Clark's at Portsmouth ; upon his
yelling Mr. Owen. that these were the King's stores
again, . " that was not the King's Copper,
that he knew of."—As to Portsmouth, the Defend:
ant Owen. said, he had no 'dealings' lately there,
" that he had no King's Copper that liekneW of."
He said " Ise had dealings at -Poftsmoitth with a
Man of the name ofMissing"*--,-(a "person accused of
the same offence}--'there was a bag 'tied 'up 'near •
the cloOr of theWarehouse,:anci the' While's 'Oraered
-that to 'be' secured: ilso.Mr.- Owen said,' as to
that. bag, he had not 'purchhted that yetf'. upon •
thii. a stranger carte 'into' the Warehouse, and asked
Mr. biven " If they (Meaning the bag) ihad been'
weighed'?"-=Mr.' Owen said; 'ti" No, they, had been
busy:" On the'WitneS§'asked this' man; in
the ipresence 'Of Mr.. ()Wen,- where he hrougliethar
bagfroini•intti heiedid not- give any 'answer; but
afterwards said,' " .he brought them froth
no-tvardsr at '-Deptford,--and that he t,as a 'Common
Carrier, and as 'such brchight'thern' up ;" upon the
faith' of 'which' he'' was allovieV-io to
Upon this • these. bags were opeiied, jnd'it appeared;
that they contained %per, which also belonged to
Hts MAlEirt, defaced, and, attempted, to be.dis-
guised in the sameimmacr as the Others They than
proceetled to the_othci .varehaiise, where they. did
not 'find Mr. Man ,dell,' but found a number of
pieces of sheathing- and- 'copper bolts of the sadie
kind as those .in the warehouse of Mr. Owen ; all
of which they secured, 'and it weighedabont z4oolb.
—lt was afrcrwardi taken before the Lord MaY6r,
and-Mr: Owen along with it—:Mr.. Owen appeared'
to be 'a .gOud deal confused and 'embarrassedWhen
this'searCh was tua*.i.e..

Samuel Elohlswerth, one of the City Mzirshall_.
men, gave an acCoant also' if the search of the two
Warehouses, similar to that given by Mr. Mottleyv
, .
only adding, that Mr. OsVen most readily gave
them every information in his power, ordered one
of his men to attend, and to shew them every place.
That none 'appeared to be in any state of 'conceal..
-tent : that the binn appeared to be' a place for-re,
fuse copper, and the rest were lying open in the
warehouse, &c.

The other Marshalman gave his account to the
same effed.

A great quantity of copper, as 'taken frorn'tbe
Warehouses of the Defendants,' was brought into.
Court, apil proved= to belong to the Dock,yards,-by
the' marks already stated. . ,

It;cht-d !'erring, Es;. ,keeper' of His Majs-ty's
Dock yard at Woolwich, proved-many of the:bolts
to be entirely new, and to belong to His Majesty's
Naval Stores.

E eirzven'd ifexsikt E an Officer of the Pock-
yard,,,at Chatharn,. proved that soirie "a the pieces
.belon,ged to that Yard, and could not have gone
from thence before the latter end' of the month of
March last, because. they bore a mark that was not

r..
f.'o
artited to them t.til..-tt:l.t.. tidier: f=tllek Were .4.4 .in.
tlierDeil.lattrits7• warehouse. on .tie .-id cif ../ipiii.l
rilhisiiiaik; -denoting- the ..thonth •-and yeari.WaS 3. ,
.t.. iog .adopied tome years. ago- cithis.tteedurit-4i
t h et been foundthat.sortie irt?riliacilieed mixed, Witt.,
: clapper; which .corroded it the:slzip,.. arid 'decayed in
:;atint: a year and art 1m..1f
.;/' thertiorq to .prevent,thai
iti future,, Government. had agreed ‘freith all'Contraii.-
' t. rs,' that• i f atiyuf the .c viler Of ships siniu. id be wotri
d
'..' =t within six. year's, the ContraorS should rentivT
t icm at theirowt, 07,,per,c'e • to•effra thisi'the 4ate %;va
stamped oh the`eopper *lien issued out of the iialiis
cli
riservice ; 'and , thus it was the Witness was en:r
-',.. led to swear-positively that .sOme :of the eoppei
lodUeed- today, was nOtissuccb:out of the Dock:.
yard-ai-,Chatharrt before the _latter- end ..,of Maich
' lost,- it having the letter C. on it, and Mar: I.Bor.
tt ..was Allen proyed .tha:t,,Mr. M,arstlea. .'as,s. a ppre..
hended in the evening.aftet the -search waf., made at
his house; and ..:the articles. .I.;.)und .then, which Wad
been sworn to, tuld..that,thje- •,v,,s found. in his
poelce.ta letter,. t.l4"..sanie as had beed,opened,to the
Jur'r bs3., the A.TToRtiEy..GENER.-A., which letter
being read, the Case was closed for the Prosecution.
Mr. ER-SKI N E spoke on behalf of the ..afendant
Owen., arid. Gurney for the Defeu,fant :larsdell.
They called some Witnesses,
,whose testimony did
,not _vary the "Case.as it was trade out, for the. Pr-
osecution. . •

The: ATTS:III.IIET. GP. V. ER AL, nude a • very ablei
though short teply, in.which he-,said he thould,not,
ins,ultthe understandings of the Jury by saving they
could have any doubt up_on such ti -caw as. this. :Eel.
observ,ecl, amongst other things.,. that-the Pgople,. of
this -Country. bore -their Taxes with a spiiit and a
temper suitable to. the necessity which created. them.
But they could not be
_expetled_ to .4e4r_them with
patience, if their produce was to be diverted to such
frauds as these,- and to gratify the avarice of such .
over-grown:dealers in iniquity as theseD4endants,
who,, must now be consigned to the punishment
which tite`wisclOin. of the Law had' ordered to he
infli6ed on such 'desperate Oasenders."-r—and,' indeed,
-honest Trailer; 'were. deeply interested' in hunting
sudYtaipies' out. of society: - • , •
.-•
obierved to the Jury,
that. he :had taken- notes -of this Case as accu;
rarely. as-he .. was .able, wished- to
_learn from them,
whether they would have hiM sunrup•the evidencei
which he wouledo,most readily if there was any
doubt upon their minds. . They -answered hinter ':
they had no doubt whatever, and that' his Lordship '•-•
need not take' that trouble. His Lordship then •
Made some able observations on the nature of this*
offence, and-- of the necessity of :cpressing: it, when
Cases, were clearly -made out, &c.- 'as in 'this.-6.-He',.
&milted the prevalenceof these frauds, &c.. •
The jury found both die-Defendants
Lord RENYot4 -then said, the businesS of"theAcl..
miralty, in the legal as well as Other Departnients
of it, was in most able and Honourable hands, :and
.nOdoubt every' :thing that Could-be_ .done would be •
done for the advantage of the 'Public': .-The Legit;.
'attire had, perhUpS gone nearly as fa'r ;Cs Legislative—.
prudence could go upon thissubjeti ; but he could
not help
_wishing that- no. traffick .should be had at
all, under dny prretcnte, in Naval Stores.- • '
The A•ri.OXiy-GENEItACsaid he believed, that
early in the-next Session-application would be made
llPaYliatnehr; and that leave would' be asked in-.the
ouie of Cdnibicini, 'tor:l3l4llin a• Bill' to the effeft
now hinted •

BLOXAM v. JOHN HERIOT, ESQ.
The Plaintiff is a Stationer. The Defendant is
Proprietor of this Paper. - This was an at-lion
brought for the recovery of the sum of 71. los. for -
a quantity of stamps bought in February last by a
person of the name of Betwick, forinerly the Pub.
lisher :of this Paper.
The Defendant's case iitras, that Beswick (a per.;
son who had
.embezzed his Master's property to a
very' large amount, and 'ran away) never was au-
thorized by hire to contraa any debts whatever
and that, therefore, he was not answerable for any
of his engagements.
The Plaintiff could not shew, in a single instance,
that Mr. Heriot had adopted any one of the, ads of
Beswick ; the truth being, that all the Stamps which
Mr. Heriot bad,aythorized to, be purchased for the
use of his Paper, had been regularly had from the
Stamp-Offiee itself; -he o. *n account for Stamps
any where else.

Lord Itbrvole observed, that ifit 'had appeared
that Mr. lieriot had adopted any of
,the acts of
Berwick, after he-bad any credit with any person,
he would have been, liable in such an Adion as this
to. such person, far, then, the a& of the servant
Would be' die ate of the master. But, ic would be
a great deal. too much, to say, that the as of the
servant Was the a& of the' master, if the 'servant
did that for which the- master gave him no autha;
rify. If that were.to he the Law, any Merchant
in Loudon mint be ruined in half an hour, without
the possibility of preventing it.
The Plaintiff was, therefore; nonsuited.

COURT OF COMMON FLEAS, it7LX

MORRIS CANGDALE.

Thii was an AEUOn.for.Spc:Cial ;Damages, brought
for defamation,' in words stated to haVe been uttered
by the Defendailt; Leading to asperse the .chara6ter
of the Plaintiff, and, injure him' in the consider-
anion' of those with whom he had dealings.
By the evidence of a person of the name of Ma-
son,- a Stockbroker, and:at the time alluded to, one
of the Committee of theiStock Exchange, it appear.
ed that .the,Plaintiff 'was what he termed a Jobber,
'or. one that sought and sold Stock for time ;. that he
-bought and sold his own Stock, and that the Defend-
i.atit was a Broker. That- on the z oth Of June, 1799,
the Witness sOldloool. 5 per Cent. Stock to Morris,
to be ,transferred to him on the I ith follciwing, that
ion that 'day; at an early hour, 'he attended at'the
:Bank Rotunda, to complete the bargain, that he
-called- the Plaintiff's name several times; but with.
out suCcess; afterwards meetingMr..Langdale, with
Whom he, the Witness,' was upon terms of
he obseri,.ed to him, that lie had been lookintall the
morning for Morris, but could. not find him. ‘o'Mor.'
yis," replied the Defendant; he'S‘a lame duck; he
is gone and will cot come herd again." Mr. Mason
stated to the Court, that he had previously heard

hai defaulter Wis, yet not entirely-relying upon lais
iriend's information,.. he hastened to the Stock Ex-•
change, and there made further inquiries, all tending
to.:corroboiate that which the Defendant had de-
clared, .and Mr. Mason was advised to re-sell the
Stock. - In answer to interrogatories put, to hitn,_
Mr. Mason said, that he deferred te-sellitig
,the
Stock, in.. hopes of seeing Mr. Morris, till the
latest minute customary upon such occasions, viz.
one o'clock. That Mr. Morris not then appearing,
he ..did re-sell it. Mr. Mason farther deposed,
that it was customary when a person could not attend.
personally, from the intervention of any unfoneen
occurrence, to have some friend to answer for him ;
that he did not see- the Plaintiff for several ilionths
afterwards.

The substance of the above evidence, as to the
general report of Mr. Morris having " Morris'd
qif,'' (as one of the Wirnesses termed it) and the
custom observed in transactions of buying and sell-
ing Stoat for time, being confirmed by the evidence
of.several other persons, the Judge; Lord ALVAN-
LET; observed, that no evi,-fence had been brought
forward to attach an)' degree of malicious intention
on the part of the Defendant, to injure the charac-
ter of the Plaintiff; hut that he-merely repeated what
was currently reported, nor, his Lordship further
observed, had the Plaintiff beeirable to Substantiate
special damages; of course hi could have ,no claim
to a verdia ; upon these grounds it was•his-Lord-
ship'4 opinion that the Plaintiff should be nonsuited,
ill this opinion the Court concurred, -and the Plain.
tiff Was nonsuited accordingly.
This Cause appeared Ri.excite, considerable joie—
rest among a very.crowded assemblage .of Gentle_ •
men from -the Stock Exchange.