The Sun.
London, England, 1806-08-22 00:00:00

DEAN V. ANTRIM.

This action was brought to establish an' eiedment
of the present occupiers of a house, the corner of
Bridgesstreet. It .was contended, on the part of the
Plaintiff, that the covenant of the lease had been
violated by the possessor having compromised with
one ,of his creditors; he was, however, nonsuited;
and the ejectment refused.. Mr. lionaouGus, ono
of the Counsel fir the Defendant, amused the Court
exceedingly, in stating, that'll, roan once dead upon
the record,' though he might come into Court to
claim his right, could 40.1 be heard, as the law knew
of no resuscitative powers, no Hurnane Society bel-
lOwS, no Galvauic stimuli, and though a deart frog
might be made to leap, a dea'd'man on tlau record
could not be made to Speak:

CASSIN V. lIASSAL, TI:CR.INI, AND 071-lEftS.

T!)is was a .11:y. complained
of having a wall and gates, which he had ere&ed orz
his premises, riotously and tumultuously broken
down. On the part of the Defendants, it was con-
tended that this wall obstructed a thoroughthre which
had existed for thirty years, that a few months be.
fore it had been taken' down by ordr-cf tile Cham-
berlain of,Bristol, and that the Plaintiff had ereeled
it to annul the right of .passage. There were several
counts in the indielment; the first was found tbr
the Plaintiff, with damages of one guinea for cutting
in pieces the gate, and two counts for the Defend=
ants, establishing the right of thoroughfare.

YEATMAN V. JENKINS. •
This was also a Special Jury, and was brought
by the Plaintiff for defamation. There were but
'two witnesses examined, who stated the uttering of
certain expressions to the injury of his character.--
The Counsel for the Defendant brought forward no
witness, relying on an animated address to the Jury,
whether they could give credit td so improbable and
contemptible evidence. The Jury, however, gave
a verdict for the Plaintiff—Damages 1001. • -
An occurrence happened at our Aksizes on Mon-
day morning last, scarcely ever known in the country
though frequently occuring in London. His Lordsh.p
ended on Saturday night with the twelfth. cause,
and ,adjourned to eight o'clock Monday morning,
and
.sat a' few minutes after; when the thirteenth
cluse having been 'settled, the fourteenth catne
oni.-and 'was instantly referred, the fifteenth cal-
led, and opened by Mr. JEKYLL ; and a Captain
Draper, from' London, the material witness in the
cause, was called, but not appearing, the Court pro-
ceeded to examine two orithre of the other wit-
nesses, expeding in the mean time that Capt. Dra-
. per would appear, but he not doing so, the Plaintiff,
who is a person of considerable property, near
.Ply-
mouth, and was present attending ins cause, was
'forced to submit to a nousuit, in order to bring
a'new adion ; and from these two causes thus going
Off, and the Witnesses in the three following not be-
ing reAy, the records therein were withdrawn, which
subjeCts' the Plaintiffs to tke costs of the day before
they•cati.try. The Witnesses were all in Court the
whole of the day, Saturday. Wharmakes the matter
more particular is, that the four causes, thus put an
end tiolfor the present, were entered for trial by•the
sameAttoney, who, being confined to his bed by
illness,' had requested another Gentleman "to attend
fbr him, and who was hi Court at the Sitting there-'
of, so that iris but justice to, say, no blame what-
ever attaches to the Attorney.

Grceqfle/d, who was charged with starving his
wife, and made his escape from the Officer at Lewes
three weeks since, was last Monday taken at Hor-
sham, and put into a post-chaise, with two Con-
stables, to be conveyed to Lewes ; they stopped at
the Gardener's Arms, in Church-street,' Brighton,
at half-past eight on the same evening,, where he
took some refreshment ; -aS soon as it was knoWn,
. the house was- surrounded with people, and it was,
with difficulty the Officers could screen him from
the resentment of the pdpulace, who ran after the
chaisei-hooting.and hollowing.
-• Upoti•the acquittlil of John Middleton (indicted
for sheep-stealing), at the last Cumberland Assizes,
the:Ju:igeioffered the Prisoner a copy of his record
of acquittal, as the grounds of an action for a mali-
cious prosecution; but which the Prisoner's Coun-
sel recommended not to be accepted, from an idea,
that in vindicating. his innocence, a very heavy
ex-
pence might be incurred, such as the ProsecutCr
would be unable to bear.

Yeiterday at Marlborough-street, a man, who has
obtained a living by pilfering at different houses,
was committed for trial on a ,charge offelony. The
Prisoner was in the habit of.dressing himself like a
porter belonging to an inn, and at other times in
different disguises,'. as best suited his purposes. Hav-
ing obtained admittance to a house,. he contrived tq
pilfer such artields. as .were within his reach, whilst
the servant was gone to. deliver a message.
Thursday se'nnight a fire broke out at Pill, So=
mersetshire, owing to a Gentleman's servant setting
fire to the:thatch taken otisome old buildings, wh ch
communicating to the adjoining houses three we:.
burnt to the ground. .

SPORTING INTELLIGENCE.

YORK AUGUST RAC Es—Continued.

TUESDgY,ALIGUS:r 19

S‘veerstakes of logs. each, for two years old colts, tg.rarry
.st: fillies 7st. rt.fb. Two:year olds' Course..
nrd Fitzwilliarn's dark bay filly, sister to Sir I'2o f

"ir T Cascoigne's,,ch, f. by Timothy
'Darlington's b c. brother to .Nutripec

_
ic U. T. c. by Patriot - ' - - - - ? 4
i-(.lSiratlirnore's h. 1. by Enolianter, out of Vicissitude 5
.it •MisA.Buctic by Precipitate -
Jr lecard!s b. f. by Expefoiation. - - - Pd
Six and 7 to cagst sister to Sir Paul, and 7' to 4 agst,bro-
iic,r to Bumper.

ty Pounds; free for ail horses, &c._ Three-year olds to
carry sat 4lb. ;• four-year- olds, 73t,. 71b. ; five-yearolds,
. lb. • six-year .olds agd -aged, iist..l2,lb. Mares and
::;lies allowed 31b, and maiden horses, &c. 41b. Heats,
.
miles each. •. _
11. I'. Vane's h. f. by Sir-Peter, 3 yrs old . -
r. Morris's br. c. Sir Sampson, 3- yrs, old' - 2 2
r I;•utiiain's b. c. Bounce, 4 yrs old -.- - 4 3
apt. H. Vyse's br. c. Palter, by, Wax); 4 yrs old 3dr
Sixto 4 OH Sir Sampson.

NEWBURY.-NEW COURSE.

TUESDAY, P.UGUST• 19.

Mr. Dundas's b. c. agst Mr. Calley's b. f. both 3 yrs-old,
gst. each, for jogs. h. ft. over the Newbury Course -
A 'vtaiden Plate of 501: - Three yrs old to carry 6st. ; 4 yrS
old 7st. Ob.--; 5 yrs 01d,..8tt: 61b, ; 6 yrs din, Sat. i ib. ;
,gco, 9st. Two-mile heats.
Mr, Lake's cn. c. Lord Mayor, 4 yrs old
lidult's rn: Dollalorla, 6 yrs old
Hean's g. ni. Miss Newland, 5 yrs old -
13-ay's'b c 4 yripld
Clunnock's b. Clove; 4 yrs 'old

I I
2 3

3 5
4 4
5 2,

Fr.,-e. Plate of col. the gift of the -Town of Newbury.
..T;ite- yr oats to carry,6st. ; 4 yrs old,-7st. 71b. s yrsold,•
• 5,t. 6lb ; 6 yrs o d, ;sst ialh. ; and aged, gst. Mares
allovvcd 31b. Four-mile heats.
Dunctas's Capias, 4 yrs old - -
\lr. INdr.thqgton's Ploughboy, 3 yrs old -
WEpNi,SDAY. •
.\ svv ecpstakes of Tag,. for 3 Nr olds ; ce,`,s to carry Bst. 5113.
Two niiies:
Lippincott', Pr'ts;;ltcr - -
Croit's, b. rn. F:psom-La4s
• undAs's I.‘tbens - - - - 3
tilt lAithrok,'s ch. c.- - - -
• A Mimes Sweepstakes of top: each, carrying 'last. Two-
mile heats.:

(it

..... _
Mr..D.undas's b. g. Guido- - - - ,
Ci r. Bacon's br. g. - - - 2
ticrt.-Koßpel*Craven's ch. h. Epaminorvias - z 3 dr
Mr. Stead's br. h. Aeon - - • - - - 3 dr- -
A 1-I.andiCKlPlateof sot, for all ages. Two-mils heats.
-Mr. BulloCk's Green Dragon - - .
Dockery's 1-ioneyst:c.kie - - - • 1: 2 •
4c. Calley's b.-f. - • - - - - g• 3 3
Lippincott's g. c. Prisoner - - .dis.'
Mr.- Day's Doubtful • - - - - - dis.
In cunning the first heat Sir H. Lippincott's Prisoner and-
N:r. -Day's Doubtful both bolted, and-were distanced.

• Ti:e late storws of, thunder,' which 'on Tuesday
and'Wednesday niorning so much alarmed the
:i)liabitants •of this' metropolis, and all the
:-:)UrhoOd for ten miles round, was particularly dread-.
at Wimbledon.. -An Oak-tree on Sir WILLIArct
usn's lawn • was .shivered"-in a most remarkabl&
:. -the family were saved only by the con.
11dors. • A 'tremendous volume of fire burst,over
t! :e house, accompanied. at the same instant bf,an
plosion Which shook the whole building. .The.
taring and cracking of a tree was also distinctly
eard ost at the same instant. Soon . after, within
3 hundred yards of . the house, the splinters, bark,
And leaves of a laige oak were seen .scattered round
the tree to the distance 'of 60 and o yards. The
most remarkable circumstance is, that, the lightning
struck -the tree at the root, and tore the bark up».
wards, carrying the ;splinters into, the uppermost
branche, where they are still suspended
,among the
hizhost boughs, which were not otherwise affea-ed
by the shock.; and this seems to be alWays the case,'
it due-attention be-paid, when lightning attaclis
trees. At Aylesbury the stJltil was also very dreadful :
As Mr. COLLINS, of the White Lion, Castle-street,
in company with a Gentleman from London,- .and
servant, were going along Cat-street, they, were
struck with thelightning, which affeded Mr. Col--
Liss so Much, that it wa's with difficulty he was
conveyed to the Black Horse, the same street,
where,-to/their great' surprise,' they fbtind the 'tap-
room inflames; the casement•of the Window, drove.
out of its place, the outside frames' of the. windoWs
much burnt, and the top of the house nearly un-
roofed. -

The storm aturday sennight was.;i..3veroly felt,
irr the
.4ighbourhood of the County
of Durham. A 'farni-house near ~the village was
much damaged the lightning, A cupboard and
table were reMoved from their places, . and.split in
pieces; the :glass, of a mirror.was -shivered to
atoms; but tbe frame remained entire:. Two «o-
men in the: hbuse ,w2.nt
,to,bed for safety; and
escaped uninirt, Ann Todd,: of :Hamsterly, had.
nearly arrived atrhome with her carriiige-art,
.from
South Shields, when the shaft bOrse, by a ;sudden
flash, was struck ,to the ground, apparently dead ;
but in alittle time hp recovered, and drew.his
A sheep 'belonging
.to a 'farmer near the-village was
struck dead, and two boys had the hair.of their he-ds
shiged, but *received no further injury.:

The thunder stoYin ,commenced at
.11-ith Tue -

:y eveniugsaboqseyen.o'Clock, and continued with
little intcrrnisc,imi during the .ilight-i; the lightning
WaS' incessant, and awfully granO. We _bare not
heard of any .lamage'suStained in
.that: neighbour-
hood ; but one. of
,the IJOndOn :coaches was 'over,.
turned at .T,wyf'ord, the horses taking fright at
thip lightning 'serious. injury, !wwever, was oc.
easiened. . • • -

On Wednesday last two hay-ricks,,a pear-tree,
hovel, and part of a_clvelling-house., belonging to
Mr.-Noakes, of Keymer, SussfA, were blown down
by .a kind' of tornado, or •whirlwind: It, afterwards
passed, over a pea-field, scattering the haum .in a
very whimsical -mapner_ln its progress, and (Tionap•!,
geared to have lost its power.. .
The following singular circumstance occurred.on
the ',LI instant.—!-is Mr. Christmas,-of Cliatteris,
Suffolk; was riding through Wclney, 'with his adotg
• running by his-side; the dog was sseized'on his hind
'part by. a weasel, which kept its hold, though the
dog.ran round the-horse atleast•three times ;=and, on
quitting the dog; the ferocious animal seized on the
petticoats of a woman who was standing near; Where
it remained till Mr.Christrnas dismounted, and killed
it with 'a. smallyiding stick::: •

Married; yesterday; at Hampstead, by the Rev.
JOHN Dg VIEL, Reetor of Aldegharri, Jonzi
'MGR BROWN, Esq. to Miss SANE.E. MAYOR..

MAN s totc-I-Tott SE. --- Yesterby Levi Benjamin,
the. Jew.; Who was the day before charged with steal-
ing a-piece of linen, the property of Joseph Nathan;
was brought betbre Alderman HANKiY.e who pre.,
sicLedin-the place of the LORD MAY OR. _ • •
Tdie Prisoner requested , that ,514,14 d be
charged.immediately, as confinement. was very dis-,
agieeable.to•shim, and he had settled the business
with. Mr. Nathan, byagreeing to redeem the linen,.
and restore it to him. _ _ _ _

The Alderman inquired_ if the Pawnbroker Who
had the lined had- come_ to the Office; and being
answered in the negative, he ordered him to be sum-
moned, and remanded the Prisoner ; Observing, at
the 'same time; that a charge for obtaining property
under false pretences could not be. compromised
whenever the parties pleased.
• Avery genteel young woman, a native of. Harm-,
ve:', appeared at the liar, and presented a petition
to; the Alderman, It was .Written in the German
language, and no person in the Office could read it.
She Was then asked what was her business, and
why she came to the LORD MAYDE. ? to which her
answer was,. No English, Deutsch" (German)'.
For a considerable- time no person could be-found
who was sufficiently acquainted with, the German
langUage to tell the Alderman what she wanted,—
At-length Crab, the Officer, by chance came in, and
after a tont,- conversation with -the young woman,
he .told the Alderman that her ,husband was for a
lOng time a clerk in a•merchant's house in. Hanover;
but finding it very hard to live there, they came
over -to England to better themselVes. They had
been some time here.; but her husband' not being
able to get, a situation, they were reduced to great
distress, and *had pawned' almost every thing they
• had ; and she, therefore, came to the LORD MAYOR,
in hopes he' would -proctie, a place for her husband.
Alderman HANKEY said it was iMpOssible he -or.
the Loma Mny:oit could do any thing for them. If
her husband was clever. at hiS business,
,he; no
doubt, would get employibent by applying to some
Foreign, House. - . •
,The young woman said her Ilnsband had already
applied -at several Foreign Houses, without •any
'success she tuna -therefore, 'desired_ to g(i. 'to the
Alien Office; and she went away very much pleased:
on gettiit the ,direction to it.

_II 1 1 l. L' Ull
.-11 Li 0 i.,C1.1

ACCOUNT OF THE 13A-TTLE* OF ArSTERTITZ, ZY AN
AUSTRIAN ‘OI4ICE4•

(Continued iron our Paperc:l)yesterday,)

If the attack of the left sucreeded,. General BA-
GRATtgoN was to make a movcrnent against theleft
of the Enemy, and to place himself in .coMmunica-k
Lion with the four columns of infantry, after 1.-;hich
the Army vi-as to be re-united in front of the village
of Latein, between .Lesch and Neunowitz. Being
thus disengaged from the defi:ed of Schlapanitz,
Bel-
lowitz, and. Kritschen, the cavalry of the Prince •of
I.4ICitTENSTEIN was to pass them with rapidity, in
Order to support the infantry,: and to pursue, in case
of success, the Enemy between Brunn and Czerne-

Wttz.
•The General in Chief, KUTUSOF, • was in the
centre,- with the fourth column. • '
The. General
,:ef Infantry, BIJX,HOWDEN, com-
manded the left of the Army, and marched with the
first,column.
Such was the Plan-Of attack adopted by .tie
we now come to see how it was deranged, and how
its execution did not 'cure its faults. •
~ •
At seven in the morning, the Combined Army
put. itself in, motidn, and -quitted the heights of
Pratzen to advance upon the-, points ,indieated in
the elan. Each of the . four columns of infantry
could be. observed by the Enemy, whom it did not
-escape that their..line of
,march placed wide inter-,.
vals hetWeen them, in proportion as the heads ,of
the columns approached, Sokolnitz and Kobelnitz,
from the valley, of irellnitz.-- It was ,on the. left.
wing, of the Allies- that the_ battle began. The
.corps
of General "KIENMAY ER,' placed in front of Aujest,
as we hAye,,eo:l, «has nearest the Enemy;. and -was
destined to force the defile
That
Tellpitz, • to clear a
road for the, first colninh. That commnti had a lame
winding to make, in order to arrive beyond that
defile on its point of alignment with the ffoCpnd co-:
11.111111, which was to precipitate-an Week on the
village of Tellnitz. - 'Between Aejest and Tellpiti
there* is *a plain of considerable 'sxtent ~s-eine Stiti_ta-
drons Of hnssars :advatie..4t :between seven and eight
• o/clock.to teconnoitre The•enemy. • There Were on
a height in front of the village several companies of
inf,antry which defended its approach, and small
parties of cavalry, which were supported -by the
ponds of Menitz.
M. DE KIF.NM AYER ordered a' detachinent -of
cavalry to advance against that.body' on the right;
and a battalion of the Ist regiinent'. of SzEcktAtt
infantry to advance against the, height- Where the
French infantry were posted. This wasteinferced;
dud a firing coMmenced,'which became very brisk
on this point. The French- defended themselveS
wtth fury, and the Austrians, :to who .support
battalion was sent, attacked • with vigony„ • The
hussars of Hesserljombourg, On the right, under
Major General NOSTITZ, and those-of •SzEcteeat
on the left; under IV4ijor-General Princ.6 Mturade
of Lichtenstein, were ~plaCed on the flanks of the
infantry, to keep in check the 6tvernys cavalry, ob-,*
served beyond the defile of Tellnitz, in• case they
should wish to pass, in . order to .attack tile* Aus-
trian:battalions. The hussars lost a great number
of men by the enemy's sharpshooters, who took
advantage- of the ground, which :presented them
with vizeyards and ditches around the-village,- but
they were not able to make the cavalry quit their
-position. The 2d battalion had come in aid of•
the 1 st; which attacked the height, 'and which had
lost more than halt of its number.. Twice the
r Austrians: were repulsed, and twice they- advanCed
anew to
.the.lbot of that height, which it was neces-
sary to carry in order to airri%e at =he village. At
last General . took' possession of .it
with two..liattalions,. The, enetuy bad in Tartitz
and in the vineyards around the village, the. 3d.re-
giment of the line,' and two battalions of sharp-
, shooters.' These troops defended their post with
valour., KIENMAYER then ordered General
CAENEVILLE to advance with the rest'Of the.in-
fantry, which 'Still consisted of three battalions,-in
support of the Mo, 'Which were upon the heights,
and-which combated with great valour : these corn-
=iced a :very- destruefive 'fire of musquetry.—.
Nature had formed at entrenchment' 'around .the
village ; 'the rvineyards were bordered -by a wide
trench, in which the -French maintained them-
-selves : the-'Austrians, however; found means' to ,
penetrate to. the- :vtlJage, -hut Were again• driven
back,- and maintained with difficulty -.die height of
which- they, had already• gained. possession. The
,recriMent of • Szecklar infantil fou4ht ..with furV •
•.
two-thirds,. were. killed or wounded; The coMbat
lasted more than an hottr, and yet -the, head 'of the:
first column, commanded.by General ,Buxr-tow:OFiN, •
was not seen. to arrive... Troops, of the division'
4, Lt;olzAND were still beyond die:defile, of
.
ntt*,.and the :Austrians; :dins engaged in an'llna'••
final 'coriabat, hecause theY:wre without a•ny . sup-
,
port,
:nycide, efforts which they feared. every in-
stant would 'become fruitless. ,At- length M. DE
Boxxewo•EN appeared With the first column, and
sent a battalion of the 7th. regiment.of chasseurs
to the support of
.the Austrians.; a Itlissiart brigade
formed the reseti;:e.,. Two Austrian battalions, and
thitt .of 'the chasseurs, who rnshechwith. impetu-
osity upon the euerny, attacked. the village, gained
possession of it, -and the_ others... followed. -The
:French,- on: the aproach of a force so superior, .eva-
'cuated thedefile, and., drew- up beyond it. • M. DE.
BOX lOWDEN then. ceased to advance; till the head.
- of the 2d. ceincon,-_which had not adyauced,-,should
make its appearance bet Ween the foot of the heights,
-
; and Sokolnitz. . . •

(T 6 4e e:mtinued.)

On Monday morning some thieves broke into the
house of, a Gentleman' in Hatton-Garden, and.the.
family being in ,the' country, they,brOkesopen the
box of.a poor. woman who was left to lake•care of
the houise, and stole from thence about ten pounds,
het' -prOperty.. The- robbery is ',stlppOseci• to' havey
been.committed by some workmen employed at a
house very near,
The chance ofgaining a Capital. Prize was never
before offered to the Public upon such liberal terms.
Instead of 25,000' Tickets, as- heretofore, there are
only 20,000, and more Capital Prizes to be divided
amongst those 20,000, than in the lilst Lottery,
. which consisted Of 25,000-Tickets.

,10. • wig
LAPS/

2~._"~ w

F-7,-
• 4/*.

The business of the Circuit cotiimeticed this day
before :Mtv..Baron GRAHAM and Mr. Baron SUTTON..Qn t,'llecivil§ide there were. -p() causes, thirty.of
whicl-k2ore tried to day,. most of them undefended;
and nprie:of them at all interesting.
days..T*es Yates, aged twenty-two, was
indietcd for a. rape on Mary Hoyle, aged 'fifty-eight.
The Prisoner had a young wife, and one child.. The
PrOSeCUtrlX.was the mother of twelve children, and_
from hertappearance might well have been taken. for
twenty years older than she reallywas,_ and never
was a person less calculated to excite; passion. Tht
case, however, was most clearly proved on the part
of the Prosecutrix, attended - with. several circum-
stances of brutal and unnecessary violence ; and bet
evidence was materially confirmed by other wit
nesses.

The Prisoner neither confessed new denied the
charge.; but stated-, that he was, much intoxicated;
and knew.nothing at all about the matter.
Mr. Baron GRAHAM :'summed up the evidence;,
with many judicious remarks on the nature of the
crime in-general, and.the'circumstances of this par-
tieular case ; and the Jury,
.after consulting about
ten -minutes, brought, in a verde of:Guilty.