The Sun.
London, England, 1806-03-17 00:00:00

There is talk of an approaching Allia.nce beb,veen
Prussia and France.

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BERLIN, MAR CH 4 .—Colint CH TAffiiii G -
, ,
KEIL NEAT has arrived here from Hanover, bat. 11p,
.......
will return in 'a few days. :' $
The Marquis DE LuccnOrgt set out yesterday—
for Paris, were it is believed he will r4rnalb. /..
...

AUGSBURGH, FEB. 26,—A fel.v, days since an
Officer, who has served, in 'the' At'my of CoNoi,
anel who .has been settled here Several years,
arrested : ,his papers have been sealed up.

• '
LEMBEBp, FEB. 2.—The last Column of the Itat-'•'
sian Army, composed entirely of Cavalry, arrived`:
here 'the day letipre; yestexclay:. ,remained here
yesterday;. mid this mortiing-at !ten o'clock continued -
•
its march....

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. , .
• A report has Weft circulated here to-day, that
30,0006 RUssian.-have received orders to take post
. .
in the Buckowine, in order to observe Turkey.

A letter from :Paris, dated February 2,5,
,saYs,
" that:ll4ame RECAMIER is now preparing to quit
her superb.manbion in. Rue de .lout Blanc, for an
humble. dwelling in the llarais, where she intends
to establish a Pqnsionat for Young Ladies."

However extraordinAry,it may, appear, we are
assured, by an °thee]: who has been in :Holkar's
service, that neither that Chief nor Scindia can
either read or -write. The whole politiCal business
oltheir States is, in consequence, direaed by the
Brahmins, of whom .they .are, with reason, ex..
tremely suspicious.
The India Company_ have iemitted.the tribute
paid by the Rajah of Curnool, in consideration:Of
ins zealous attachnaent,during the,Mahratta war.
. The titsnop of I,osnos, it. is said, •has inter-
fered to _prevent the performance of what is called
The Ladles'., Concert' from; taking place on Sunday
evenings. The Society for the Suppression of *Vice
had, it seems, menaced a prosecution. It is highly
probable that this .lauclable interference of the ve-
nerable Prelate, and the terrors held forth by the
Society, will have a due etl4l upon several of our
fashionable Dames,_ who have too tong been .ii the
_habit of giving illtoicalfetes on the Sabbath.
• Mr. Paicii, accused of the murder of Mr. slight,
.the Ship-breaker of liotherhitbe, who has so long
.been confined in.Nel,ygate, was removed on Friday
evening to the County Gaol of Surrey, •preparatory
to taking his trial at the Assizes' at Kingston; On
the .2(itlyinst..
Convicts from the Peninsula of India are to be
sent to Prince of Wales's. Island,. as brrnerly, to
'be employed on the public works, the warm attach;
.meat of the Natives having,removed any apprehe-i-i-
-sion of the convtfts being able to interrupt thetran-
_
quillity of the Settlement.
Near 4091; have lately been subscribed towards
making a new -race-course and erecting a stand on
a piece of ground allotted for that purpose by the
Corporation of Leicester. .
Saturday morning as a eOal-heaver, in the employ
of Mr.. Fletcher,. of Tooley-street, was walking
along the bOttom of St. .Andrew's Hill, he dropped
• down in a fit and expired immediately.
PIGEON SHOOTING.—Mr. Bentlere o 1 Shadwell,
on Friday undertcok, for a considerable wager, to
shoot four flying piteous out of six„-in Stepney-fieldS,
one after another ; but. he. shot five out of the six,
which is considered as an unCommenly, good shOt.
At Messrs. Read and Cana's auilion at Marles-
ford, a, few days awo; the first five true-bred Suffolk
cart-horses fetched 2331. 12s. ; and two teams
averaged 4,11.

Cott N-Ex HANGE, MARCH I 7.—To-day there are
not many fresh arrivals of Wheat, but tolerable sup-
plies on hand; early in the day rather better prices
were made, but towards the close at little variation;
Barley is in considerable quantities, and but few
samples 'of fine ; Malt has rather better sale than of
late ; itl Pease. or Beans but little alteration ; having
very few arrivals of Oats, this article is dearer; land
terms of Flour as last week. '

Wheat 44s a s7s a 6,,s od I:eans - sos- 3 .565• o¢-
Fine ditto - -7 S a 73s od Pick lieans 42s a 48s o
Rye - . -36 s a 4,s Oct Oats 243 a 2.7. a 2.3 s a
Harley - .i. 265 a 3zs od Poland,clitto - , ags a• 3is 64
Malt - -
- 635 a 69s cd Rape Seed _ : 391 -.431
White Pease 3is a 4os cd Fine Flour Gos 4 63s Oa
Grey ditto 3os a 345 od 'Seconds -- • sir; to 6os od

M4RK ET, MAR cn_l7.

.Thisday's market exhibited a good supply of prime
Beasts, and the show of Cattle other respeels %teas'
very plentiful ; Beef, Mutton, and Veal sold at last
prices -5. Pork is rather cheaper thin. our last report,
and the. trade= in general was pretty brisk. Tire
Sales in the Ha:,•market were .tolorabfy•good. 'Hay
has.fil;eu in price.,sinee our last Straw' and eltj-
Ner obtained last prices.—We subjoin a correelstate-
meat of the prices .and numbers 7' '!'' I-

To sink tii::.o4ltl per stone of Slh.
Beef js. 6 I, to 104. to6s.ocl.—Veal
f; 61. to 7F, 6,1. toct. to
13e4sts 17.44 --Ctives —Pigs 410.
9411T101E1,21, HAY •

flay t 0 41, i :S.—Clover 41 to jI. oi.
' . t 9 31. jam.

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ille7

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✓
COURT OF CHAN6tY, MAP(' it iS.
, , GR L'rOiT.
This was an Application to the Court on the
'ConstruCeion of a Will, by the Exe 'iiiors, who claimed
to be residuary. Legatees, to the exclusion of the next
of kin, under the, Statute of D tributions. The
Testator was a long time employed in thesservice of
the East India Company on the Western Coast of
Sumatre He left to his son, probably a natural
'Child, 39001... and to his housekeeper, the supposed
mother, .100 dollars. In addition "to sthiS, he...or-
dered wu dollars- to-s'e invested for her use duripk.-
14r.life,
‘and'hegaVe her six slaves. Further, to
Ml7'eGeorge Iralitiixe his 'father; he- (eft 5001, and
the' satue to -his uncle, Sir Thotrfss
Rielard .Mardenan, in I Joseph JseiersOn, Esqrs.•
were` apPothted Trustees and Guardians to his son,
and he Made 'a bequest to eaell'of them of I'ooo dol•
lar,nottif),64s., thew Gentlemen, and four others;
without anylgaeY,- Exectiters
• Mr. Jonesofe and the SOLIbITOR-GENER-A I, were
heard this dayessehe thriller .Orr the-part of the next of
kin; ehelatter 6dbehalf the*-Firiteufers ; -and both
of them c 2. tided illatifot (.144 -flout- the'laksi,AS sets- •
tied under''etittiblisliect 'tiiithorities, il3tite frimr the ie%;
C:ognise jfri; ............. re as:snit-id jeMice, their respec-.
titcd-Clietttg 'L he resideary propel-Irk
1111.eLk' 10.tilisteerst;Oes'ilfier•Cisinitient on. the .•
of:Villiants• :„firileg;-:;Foster afid.
MOW,' !Parit'ictffse:'strd (414 Everettp •
M of
pi-luity.; as riPitl'74l-iillti fA ;Ate filed • by:•
Oiihre,drillit les itni:GWriits'• 114. -rtkibeei Hemilz
tle.!2fixeccltG-6eastWks's4. issoneesi thi •
OefeitdditA: the, Oklfle'S:erielse::tWeer :of EKC-.
Cll tPri';:Act, inn,.:•.1P111".;,:b111 otipdsed blt
I.•c't!utor',4'-of ripe
th 04'0,-W.13;" :St4itirite Oft thPtiqiakifey'iii
mon. The atli t esontendee:;fictiktotti4.lliiilitiff is efet
:intfiled tot e -11PAtiitehti.41,1 go- to -efie
next. of kin., There_ seassequ.aiifityloPX3teu Beejal
•rein; Whielf•eiiiiWntaljeart df'fhoV4i-fe -bf the
ldece2iSed..' "fl'it-!*aPV4ited to Mie;Seaskes Ploare";i
'who'cfei rT4-ere-conilet•be a mere'
painttril-officV kit -the eon;
tstruaion ofeWills„beeause
rit is often extsemely'
!dif'fichlt to 'di's'cOver friateria-s-A;n-Whieh 'that judg-
ment 'should' Wrmed.-• Tiy preclude 'irregulaf
:and arbitrary •deeiSlOns' tipsier- -eirceriesteeeese,
the Court ot:Equity leis laid do w eeri:Ain geue),alrUies,
Jeducedfrom•classesssf ca4e.,, by w I'l (41 4•7; governed.
. \Ve are then, nofen td,look of the itself, but to
attend to tleeestAbl6hedenodes of judgment applicable
to it. 'ln thefirSt place, the.Execitnor has aright vested
iii hint by the Law ; and-those who would' deprive..
hirn•of this-rieht miee-proceed in due le al course;
• and they must sheW, by Z!ot',A;),:tent eVidences• thet.
the Testator- did not 'intend to give him the resi-:
duum. In EciitV, this reiestebe. @fleeted by e.ste
pounding the teens- of the tit' iii,' the con.'
strue,:i'on 'With the eexpeeitcoe • its-_the cases ;
or, they must call upon the Ekecuses eo rebut the•
tipresumption, that 116 'shrtilit :onf!ecensidered in
the charaCter •of a Trustee.' it is ;said by Mr.
JohnsOn, 'that:Life:Court- runst%feel. .an•xi,..ty to pro-.
tea the interests'
.of the-nest of kin. NO douct a
Court 'mA be tinder •it-npl'e4si4ll4:l anxiety to do
substantial justice, but it silt:slid indulge no other
solicitude ; for if 'it Ac-,..re- to ease way to such 311X-
ities and jealousies with regard to the .claimants,
there 'would bend knowing to-- what, an extent this.
excessive. sensibility mieht be citriH. 1-have icoked
into all the cases, -and' into a respeadl:l • \wri: lately
published by' Mr. Toiler ; but the principles and the
authorities have beet 's'o'so.; elly exploited by the Bar,
that my labour was inineeesssry• read in Peere
Williams that Lord Hardwicke, on a similar quee•
trete, desired- tcebe attended by all the precedents on
the subjeat ; and a numerous train of attendants,
very oddly and differently- attired, aipeered on -the
occasion ; for,. 11'M-the -time of lee e Chief Jutice
Jeffries to that of his own oceapatien of the same
,Chair, there had been
,a peals upon app.als, and a
Multifarious tribe Of dessisienes: Bat the 1 aw, helaid
dawn is this s—That where an ExecnteT has a le•-
gacy left to-him
,for arid troable, it, amounts
tO a declaration on the part of the Testator, that he
is not to.take the residuum ; and the reason is, be-
-Cause the EXecutor has thus assigned to him what
'the Testator •considered as a sufficient compehsa-
:lion for the datiei he imposed, and the Representa-
-five 1; always at liberty, if he please', to i-efuse to
"execute ; so 'that in such a case the Law ought al-
-ways to have a leaning to the' next of kin under the
Statute' of Distributions, • But -where there are Co-
Executors, and where the legacies are unequal, the
`Executors will • not be held to sustain the mere
• charaaer of Trustees. The ',present falls. within
the range of such cases ; for here are six Exe-
cutors, and only • two have legacies. The in-
tention of. the Testator is the material thing
to be eolle(Sted,• and this was properly regarded by
the Master of the Rolls, in a case where Mr. Rufus
King, holding the higl,l Office of Ambassador from,
the States of America, was/declared Executor. The
Will referred to appointed this Gentleman, er any
other who should be Ambassador from the United' •
Prbvinces, to be Executor under it. This Executor
claimed to be residuary Legatee, and the next of
kin successfully repelled the pretension, because
Mr. Rufus 'King was not exclusively appointed Ex.-
ecutor, but either he, or any person Who should
be -Minister for America. • Air the decision of the
Master of the 'Rolls was guided by the cOnsiecratien,
no doubt, thattheTestator looked more to'the Situa-
tion of his Essocutor as American Ambassador, than
to any,persoual regard and affeEtioti for Mr. Rufus
King, or any other Gentleman, that might occupy
that responsible and dignified station.
" Another circumstance deserves attention in
this Will. The-Legacies to Mardonan and Jeffer-
son are given to them before he- names them as Exs
ecutors, and where he appoints them Trustees and
Guardians to his son; that it would seem, that
these Gentlemen, as well as their Co-Executors, had
no specific Legacy in their chara6ter of Executors.
We cannot be fettered because there is no, case that
hits the bird in the eye; there Must be frequently
some one or more particulars upon which the Cense
will exercise its discretion. It appears to me,
then, that the onus being ..imposed upon the
Petitioners to: take their residuum out of the
Executors, they have.not succeeded either in the
construction' of the Will, on the authority of eases,
or
,en the analogies to which they have resorted, 311,
the residuum therefore ought to_ be seers by tine

E!,•.e'cutur

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,

pence.
Ir. Ctutwoob, .as Counsel for the prosecution,
stated the business. .The prosecutor was a servant
to .I\jr. Dinky, a farmer at Dagenham', in. this
County ; on the il th of February he had been to
London w4h a load of straw, which he had for his
master; on his return home he stopped at the Grey-
hound, at Chadwell, about nine at night, and drank
a pint of porter ; while he was them he sa* three
men drinking in the same room, two of whom he
knew, and the third was • a stranger. He took out
his canvas purse to pay for. his liquor, when the
stranger: observed to -him, " you have got a good
purse there ;" he replied, that it was most of it his
master's money ;—haying paid, he proceeded home-
ward, but he had not proceeded above half a mile
down a lane, when be was stopped by a man, who
held a short sword 0'.7. dagger to him,. and demanded
his money. -He gave him the money, and then the
robber told him, that if he looked back, or attempted
to follow him, that he would murder, him. He iwas
'positive the man who robbed hiM was the same man
he had seen at the Greyhound, and was the -Pri-
foner at the bar. When he saw him at the Grey-
hound he was dressed in a smock-frock : but when
he stopped him in the lane, ho had 'a thickset jacket
on ; but, notwithstanding this change of dress, he
was positive to his person. On cross-examination by
Twir: GUUNEy,,, he- still persisted that be was positive
to the person of the man.
• The Jury found the Prisoner Guilty, but recom-
mended him to mercy.
William Boyer was indieted for privately stealing
in the dwelling-house of Daniel Beadle, at North
Ockington, 1201. in Bank Notes, three gold rings,
and a l air of silver buttons, the property of Daniel
Beadle.
. The Prosecutor stated that he kept a little public-
' house, the Robin Hood and Little John, at North
Qckington ; the
.money which he lost ivas what he
had got together to pay his brewer and distiller, and
he kept it in the till of a hutch (chest) in his bed-
room. I The Prisoner had been in his house as a
lodger for a few days. On the 22d of 06tober he
•observed him to come down stairs, and go out in
great haste, and he, had a suspicion that he had taken
a way something from his fellOw-lOdger. He went
. up stairs to look about the room, ana he found his
hutch-lid forced open, and his money all gone ; lie
immediately gave the alarm, the Prisoner was pur-
sued and taken, and all the property found upon him.
James Drayton pursued the Prisoner, and appre-
hended him ; he gave up the notes, and begged the
witness would let him go.—Verdia Guilty.
W. Jackson was indicted for stealing a grey geld-
ing, the property of Philip Turner, of Rochford, and
was found Guilty.
The other cases in the Calendar were for mere
petty larcenies.
The prisoners having been all tried, the Learned
Judge pronounced sentence of death upon the fol-
lowing :—Edward Punning, for _highway robbery ;
IP5n. 'JacksCin, -for horse-stealing ; Isaac, Joseph,
and Charles Lotc4o, three brothers, for stealing iu a
do ling-house.
Reiheilson, for burglary, and flirt. Boyer, for
. stealing in a dwelling-house; David Harknett and
Timothy Ballard, for defrauding their masters of
money received for their use, were scnteucerL to
fourteen years transportation.
The Assizes ended.

LINCOLN ASSIZE'S.

At these., Assizes, on Wednesday, T. Temporal
was arraigned for the murder of a young woman in
the parish of South Hykeham, on the 3d of Nov.
last, whom he had that morning married; and, after
a trial of tive hours' continuance, he yin found
Guilty, sentenced to be executed on Friday, and his
body disse&ed. The circumstances of the murder
are singularly shocking. Temporal was a labouring
banker upon one of the canals in the neighbourhood
of Lincoln, where he became criminally intimate
with a young woman ; and she proving pregnant, he
-was compelled by the Parish Officers to marry her.
•After'the ceremony, they left the village in which it
was performed, together ; and. the same evening the
unfortunate young woman was found in the precincts
Saxilby, having her head almost entirely beaten
from her body with a heavy club, which Temporal
had been observed to walk with, and which was ly-
ing by her. The murderer was soon 'apprehended,
alai his -guilt very satistbaorily proved on. his trial,
by twenty witnesses. What increases the horror of
this cataarophe is the circumstance whicti has .since
transpired, that Tilnporal had a wife and child living
e village war Southwell, in Nottinghamshire, at
the time he was obliged to marry the unhappy viaitn
of his lust •and violence. On his- trial he did not
seem at all atfeaed ; and suffered the dreadful sen-
tence of the law, on Friday last„. with torpid indif-
ference. 'He was a
.stout handsome man., about five
feet nine inches high, and only 28 years of age.
At the same Assizes, Daniel Dickenson, fur sheep-
stealing, received sentence of death.