The Sun.
London, England, 1801-09-12 00:00:00

NORTH AMERICA,• JULY 20.

. . .
IT appears by the different ascOnits: brought by
the East-India ships, arrived at- thin town, that a
grand Expedition had been fitted out from Bengal.
There were nearly too sail of large ships; carrying
troops, horses, &c. and convoyed by several Ship,
of War uni'er Admiral RAINIER. After the Fleet
sailed, which was about the Ist of March, from Cey-
lon, where it had rendezvoused, several small divi-
sions of ships departed. from the Ganges t., join.—
The Fleet took in a large quantity of water. Some
estimate the force at to,ooo, others 15,000 men.
There were two European Regiments. - The re-
mainder consists of Sepoy Troops seleled from their
best Corps. Several Regiments, it is said, have been
sent from the Cape of Good Hope to act in concert.
The Expedition is suppOsed to be destined against
the French in Egypt, by the Red Sea.

G....1' This Expedition, it will be found, is destined against
the Possessions of some of our late Allies, Holland, Spain,
or Portugal perhaps against the Manillas.

Among the- novelties of Covent-Garden, an Opera
is expeaed from COB a---the music by MAZZINGHI.
This Piece is intended to give 'scope to the com-
bined powers of BILL INGTON, STORAC Ej and
BRAp AM.
The Managers at both Theatres have heard so
often that ". there' be six R;chinonds in the field,"
that they have now determined in order to preserve
the balance of power, that there shall be i'Wei
Richards to meet them,

The prodigious bulk of the late EleCtor of Co-
logne was such, that whenever he and the Chapter
were spoken of, they were designated by the title
of the Belly and the Members.
Some Cornfa6tors in the country are not quite
such stilish Gentlemen as those in London. In the
Fossgate, York, the following is written up :
" 11/I'GzEcon, Cornfaaor; Horses to let ; boots
and shoes made and mended; old: clothes bought
and sold."

A party of Gentlemen shooting last week near
Lord SCARBOROUGH'S, one of them perceived a
couple of snakes near the root of an old tree, at
which he fired. Having approached them they ap-
peared motionless, of a beautiful colour, and about
two feet and a half long. A peasant who attended
the party, tied a handkerchief round the middle
of the snakes and slung them over his shoulder ;
but in the course of a few minutes, to his surprize
he found himself severely bit in the neck, by one of
the animals, which seemed to have been only stun-
ned by the noise. Tlie other also began to writhe,
but they were afterwards killed by a bludgeon.—
The party procured the best medical assistance for
the poor man ; but the poison was so venomous,
that nu hopes are entertained of his recovery.

-Yesterday Robert Pearte, charged With returning
from transportation, was again brought before the
Lord Mayor for' examination. The prisoner was
con vieted at the Old Bailey Sessions fora burglary in
the house of Mr. Baker, and pardoned upon condition
of being transported for life. The record of the con-
vittion was put in and Lead, as also the term for Which
he was transported: He produced a certificate of his
having served Governor HUNTER in the capacity-of
servant, and came over with him to England, his
tune being expired, Governor HUNTER attended,
and stated that the Prisoner had served him as servant,
and accompanied him to'England. He imagined that
an alteration must have been made by some persons in
tht books, as the Prisoner's name stood therein as
being transported for seven years. r and previous. to
his coming over, he had served his time.. It being,
however, indisputably establi*hed by. the produe-.
tion of the Old Bailey Record, that the transporta-
tion was for life, the Prisoner was fully committed
to take his trial, and conveyed to Newgate..'
Wednesday last, a young man, butler to Mr.
CORNWALL, of Hendon, in discharging, a fowling
piece, which burst, had his left arm shattered in so
dreadful a manner, that art immediate amputation
below the elbow, was necessary for waving hig lifee

41.51,
sUT S,T72;'-

•
DAFORE LORI) KENYC4I AND A SPECLAL, JURY.

iticE CHUTE.
P EC.OI,ATIoI4,

Mr.' GAititoiv said it was tvith real concern he
Was necessitated to lay this Case before the Jury
atid the Public; because it involved in it the mis:.
conduct of 'an Officer •of a. Fencible Corps of Cavalry.
It was much to be lamented that the friends of the
Defendant had pot advised him to withdraw from
the present -contest, and prevent even the bare
statement of the at that had given rise to it. It
was an Aaion. brought.
,by the Plaintiff, a Trades-
man at Brighton, to recover the value of a quantity
of oats furniSlee4- as forkige, for the Troops -under the
command of theberadant. It was a circumstance
no less notorious than it was to be lamented, that
the different Tradesmen of Brighton had been ob-
liged to bring Actions 'against the Defendant; and
other Officers of the Hampshire Fencibles, for arti-
cles they had received for the use
,of their Troops.
He should not only shew that the Defendant actually
received the goods for which this Aaion was
brought, but that he had made an immense profit
by cutting doWn the measures, and defrauding the
horses of their allowance of oats, and the Troops of
their allowance of bread. The public mischief
'which might ensue from such a conduct was incal-
culable, for it was almost idle to observe, that at
the moment when the rashness of the Enemy should
urge them td make a descent on the shores of this
Country, nothing was more material for the resist-
ance ofeiuch an Enemy, than that Our Troops
and horses should be in the best possible condition ;
but what could be expeaed from their exertions, if
they were deprived of that due allowance of provi-
sions,, without which they cannot be supported ?
The Defendant, though he had, in dereliCtion of his
duty, and in violation of the confidence reposed in
him, appropriated to his own emolument, part of
the articles furnished by the Plaintiff, had never-
theless, had the boldness to have his condua stated
in a Court of Justice. To the honour of Govern-
ment, the Regiment to which the Defendant be-
longed was no longer -retained in the Service. It
would he proved that this Regiment of Fencible
Cavalry went from place to place, robbing Peter
to pay Paul, and anticipating in one town the
allowance they,were to receive in another. The
Officers kept.. draWing on the Paymaster of the
Re,iment'for• stuns They had received, and were
e. • t
personally responsible for, and at last the Paymaster
becoming Bankrupt and absconding, the. Tradesmen
of Brightoo were defrauded of many Thousand
POunds: The present Case had been tried before,
and a verdict had been given for the.Piaintiff, under
the direction of MrP Justice HEATH. He did not
mention this that the Jury should return the same
verdia, but only for the
,purpose of informing
them that the sum recovered in the former Action
was 4001 ; and that a new trial had- been Moved for
and granted, upon the ground that pail Of the
articles had been furnished at a time when the De-
fendant was absent on the Recruiting Service, and
the Court were of opinion, that he was not liable
for what was furnished during that period. The
amount of that was 1361. which, -her -therefore,
abandoned. The sum he went for. was zSol. the
amount -of what. was furnished after the Defendant
returned. It would be proved. that the Defend.ani
saw and approved of-the samples of Oats delivered,
and was to all intents and purposes, answerable for
the payment of them., There. Was an additional
demand of 471; for forage, after the Paymaster had
absconded. He repeated, that the first sum he
abandoned, in conformity to the opinion of the
Court ; but with regard to the other two, he in-
sisted there could be no doubt of his - eight to re-
cover them,
Mr. Read said, he was Clerk to Mr. Chute,
Captain of the Hampshire Corps of Fencible Ca-
valry, in the- year 1799. He was Quartermaster
to the, Regiment, and Clerk to the Captain from the
isth of OCtober to the both of Fenruary, t 800,
and remembered purchasing the oats of Mr. John
Ricc, the. Plaintiff, to the amount of 4531,
Mr.' GARROIV again observed, that he aban-
doned all but 1891. 35.
Lord KENYON-said,-he was sorry the Defendant
should have suffered such an Aftion as this to
have been brought forward ; but, if people would
run their heads against a wall, he could not pre-
vent its hurting them.
Mr. Serjeant SHEPHERD observed, that a Com-
mittee had sat upon the subject of the Plaintiff's
demand, and jiad adjudged that he was answerable
for what he had actually ordered.
Lord KENYoN said, he was answerable for what
was ordered by his Clerk. If the articles were
delivered to the Clerk, upon the credit of Mr.
Chute, he was bound to pay for them, agreeable to
the maxim qui facit per alit4eum, facie per ie,
Mr. Serjeant SHEPHERD said% that it was neces-
sary the Trocips should have forage, and that some-
body should give orders to the Tradesmen to furnish
it. The Witness was Clerk to the Troop, and in
that capacity only, had given the orders for the arti-
cles% for which the Action was brought:
Lord KENYON—" You argue right, Where per-
sons give orders on account of Government; it has
been decided, that in such case, they are not per-
sonally answerable ; but in this case, the Plaintiff
cannot go to the Treasury for his money."
Mr. Serjeant SHEPHERD said; if it was to he un-
derstood,- that Officers welt; to be responsible for the
forage.furnished the Troops,- no one would be found
willing to take such a risque upon himself% and
consequently; the Service would be materially in-
jured:
Mr. React.Cantinued his evidence e he said; he
had received orders from Captain Chute,- to reduce
,the horseS' measures of oats from eight to five
pounds. The Government allowance for the horses
was eight pounds per' day: The Defendant ordered
the measures to be cut down- to five pounds, there-
by cheating Government,- and each horsey of three
pounds a-day.
-Lord KEfrYort.—" Upon my Word, I shall be
obliged to send this to the ATTORNEY GENERAL.
I shall not mince the matter at all, In a case Which

6 triaterilfTy iiffdks the interest hf ate
.Nall not a tend tci the ft'eling4 of the parties ; :11)3
I;yond 011 controrsv, 1. shell this evidence he-'
lbre the' ATTORNEY GE NE MAL, the moment I read-.

town."

Mr. Read added, that- Captain Chute gave di-
reaions for cutting down the-measure., in the pre_
sense of Captain Baker, and. Quarter Master Rudd
they were afterwards. reduced by John Wat:nore, 'of
Captain Chute's Troop-, and sent to Captain Chute's
lodgings, that he might see whetheTr they were cut
down according to lii direCtions. He said, they
were done perfedly. right.. At this. time, Captairi
Chute bought his own corn for the 'Troop.

Lord KENTOti.--" Has this Defenddiit no friend
in the world to advise him) to prevent thiS anion's
proceeding further ?"
The Witness said, tile measure the Defendant had.
ordered to be cut down, was not .used the ‘v!iole of
the time, because the circumstance had been • re;
ported to .I\iii.tjor Beevor and Colonel EVritr.
Lord KENYON.—" As soon as it was reported
to them, that the measure was cut down, they cor:.
reded it ? "

Witness. " Yes, they desired it to be al;
tered."

Mr. Scrjcant SilEt,i-teka asked the Witness, whe-
ther the Paymaster was not responsible for ch:
forage ordered for the Troop ?
The Witness replied, that the Paymaster had no-
thing to do with the Government allowance of corn.
He stated further, that he frequently settled ac...
Counts with the Defendant, during the time the mean
sure was used, and paid him the balance due to
him. r He did not recoiled how much the Defendant
had pocketed by any one at of fraud, but in the
whole, he had cheated Government of upwards of
soot. during the time he Was his Clerk. He said, he
obtained the goods from the tradesmen at Brighton,
certainly upon Mr. Chute's credit, and purchased
the oats of Mr. Rice, solely on his account. None
of the tradesmen ever expeded any body else to
pay them, but Captain Chute ; and, in fact, he had
received the monev from GovernMent to do so.-- -=
The Witness enumerated several sums of money,
which, he said, he had seen paid to the Defendant
by Capt. Baker, on account of the corn, for which
this action was brought.

On his cross-examination he insisted he had no
share in this plunder of the Public ; 'he was only
lowed after the rate of 101. a year for officiating as
the Clerk of Captain Chute. He produced sevt
•tnemorandum,,, which) he said; it would he proier
to skew the Court.

Cord KENYON reruSed to.s'ce them, observing,
that•the present was riot a Court Of Inquiry-on the'
condutt of the Officers of the Regiment:
.The Witness said, in consequence of a complaint'
that the horses had too little; and were not able to
go through their Work, the measures were inspea. •
ed, and Major Beevor threatened to put Ihe Wit-
ness ,Under an arrest: During the time the short
measure was used; the Defendant made a regular
saving in the article of oats only, front. Bl. to RA.
per month, a saving not alloWed by the regulations
of the Army; the Witness received the money fbr
the corn, of which GoVernmtnt was cheated, and
the Defendant received it from. him ; he had his re..
'ccipt for ir. -•

• Lord KENYON;'---" You say you made individual
bargains on the-credit of•thiS man?"
The Witness replied, that he ordered the oats on
the credit --,of Captain Chute, and expressly told
Mr. Rice the Defendant was :personally responsible.
He remembered the Defendant draWing a bill on the
Paymaster, who accepted it, bur what became of
thAt. bill afterwards he knew not; at that' time
there. was money due from the Paymaster to Chute;
be was certain Rice did not trust_ the Defendant oil
the Paymaster's account ; he did not know that the
Defendant had ever been absent from his Regiment;
he was at Atundel on .the Recruiting Service, but
that was, not considered as absence from the Regi.
ment ; the bills, were made out in his name, and
the amount of the saVingS were paid to him, whe_
ther he was absent or not; there was an account,
which he, the Witness, had in his hand, proving,
that for seven months, during which the Delendani
was absent from his Regiment; he received Sixty..
five Pounds.

Mr. Serjeant SHEPsERD observed; that if the'
credit of the Captain of a Regiment could be pledged
by his Clerk, to man could serve his Country id
such a capa.vity without the danger of being ruined •
by the responsibility attached to it.
Lord KEiiiioi4.—" I am pretty confident, from
my knowledge of yodr charaCler; that your better
judgment is controled in this case; otherwise it
wduld not ha.•e been kept up so long. However,
all I have said goes for nothing, if you can take
away from my book thiS.Witness's testimony. As
it stands at present there can be only one result;
and tt►at result is clear as the Sun."

Mr. S:_rjeant SHEPHERD confessed he teas not
in a situation to contradiet what. the Witness had

swarn.

Lord Said, no propositioncould be Mort
clear or simple than the right of the Plait-nit-Ito re—
cover. " I am sorry (said his Lordship) for tho'
honL-'ir of this man J but I have pledged thyself t(.71
the Public to lay this case betbre the AtTORA&Y.,
GENERAL, andi if my memory does not fail mc;,,.
when I reach town, I certainly shall do so."
A verdia was' given for the Plaintiff—Darbages.
2891. 3s:

The. Fire King, or Albert and Rotalie; at thd.
Royal Circus, St. George's Fields, togerhet with
the Eclipse; or Harlequin in Chinai producc every
evening, such is their excellence, the most 0yer..,..
flowing Audiences ; yet the routine of Variety awl
novelty is such at that Theatre, that on Welnesday
next, the 16th inst. will be produced, for the first
timei an /mire new grand. Spedacle,• ‘vith
Music; Scenery, Machinery, Dresses, and Decijrau-
tions, which has been' a considerable tittle in prep-a,
ration; called- King Ca,sar, or The Negro Slivesi
with a variety of other Entertainments that ev,ininsk.
for the Benefit of Mr.i CTOiSi