The Sun.
London, England, 1806-03-06 00:00:00

LAW REPORT.

COURT OF KINGS BENCH, .CuxtrotAti, MARCH

AT NISI PRIUS BEFORE LORD CHIEF JUSTICE
ELLENEOILOUCH, AND SPECIAL JURIES.

DEVAYiIES V. THROCKNioIitON
.• •
This was an anion upon a policy of initirance
on the Ship Lord Nelson, from Liverpool to the
Coast of Africa, and from thence the. West India
Islands.

• In the month of August, 1.803, the Ship in ques-
tion had reached the Coast of Africa, and was
proceeding from Cape Coast, . to Pompa, when she
was overtaken by a tornado, and driven On shore;
where, the natives plundered her of all her stores;
8:c. 150 slaves, u;ith whom she was ffeighted, made
their
,escape, and
.'the white men belonging to the
crew were taktni into the interior of the conntry,
and made slaves of. The Vessel herself was also
broken up by them.

On the elidence of the Captain it appeared, that
be had saved his chest only, containing all the
portant papers relative to the loss, and brought` it to
.Liverpool, where the key of hid. chest being mis•
laid, he broke it open to get at them. He had •
written a letter by the Minerva, of the loss, which
never came to hand ; and the papers in his chest
were -duplicates 'of that letter, some bills for part of
his cargo, and the protest.
Theedelence was, that he had but one anchor to
secure his. Ship.on the eve of a tornado month, bad,
tackle, and his crew sickly; that there was a con-
cealment on the part of the Plaintiff, and an equivo.=
cation in his letter on Which the policy, was etfeated,
he having referred to the Captain's letter,- which he
alledged was then before the Underwriters at Li-.
verpoOl ; when, from the evidence, it appeared to be
locked up in the Captain's chest.
This cause occupied the Court for near five hours.
Lord ELLENBOROUGH left it' to the Jury to consider,
whether the letter relied on by the Defendant wag
fabricated to defraud the Underwriters, and that the
Plaintiff had suborned the witnesses ? ar whethd
he had written it in misconception and mistake ?
The Jury, after a. short deliberation, fOund a ver#
diet for the Plaintiff of 1501.'85. Bd.

FREELAND'iI. GLOVER.

This was also .an anion upon a Policy of In-
surazace; on the Snow Neptune, from Liverpool, to
the Coast of Africa.

In the month of-February, 1800, the owners re-
ceived a letter from the then Commander of the
Vessel, stating, that in the foregoing 'month of Sep-
tember, in proceeding on his voyage from Old Ca-
labar, on the coast of Africa, for Gabon, he was
boarded by a number of the natives, with provisions,
who spoke English very well. After a few moments,-
they made a furious attack on the crew ; the Captain
and mate were killed on the spot, and all the crew-
wounded; at last they overcame the blacks, who
retired; having plundered the Ship of every thing
they could carry away.. Several of the crew-after-
wards died of their wounds ; and the gunner was
obliged to take the command of the Ship, the crew
being then reduced to five hands. In the subse-
quent month of March, • he again wrote to his
owners, stating the misetiable condition of the Ship,
and that .he ,had then on-board a crew consisting of
nine hands -besides himself. Upon this last letter
the policy in question was effected.. The Ship after-
wards foundered in a tornado.

On the .part of the Defendant it was contended,
that there was a concealment, in as much as the pre-
vious letter of February contained certain • fads
which should have been communicated to the Un-
derwriters, and were not.

Lord ELLENBOROUGH left this question to be de-
cided by. the Jury, who tbund a verdiCt of 14.7 i: los.
for the Plaintiff. •

DEPORT

•
fRONS THE CO,NIMITTER APPOINTED TO DRAW UP
ARTICLES • 01.' IMPEACHIVEN± AGAiNST, HENRY

•LORD VISCOUNT :NIELVILLE.

THE Committee'appOillted to draw ttpArticles
impeachmetit agai,rist.'H...3nry..'LpreViscount Mel=
ville, and who i.;ere enipm.vered -to report such fnr-
thermatters as shall' have come to thelir knowledge
in the course of the evan iir:atinns taken before theni;
with respe& to thl.condua of the said Lord .Vis-;
count Melville, dUring the, time that,;he held the Of-
tice of Trlmstirer of .:His -Majesty's Navy; have
rogreed to the.folloNving -Report
1 our. Committee have alreacly reported to the
i-f!mse several --Articles of ,Inipc*-pliment- against
lit:nry Lord yiscounelville, • w, bkch they conSi-
.dvred it their duty to prepare i.vithOnt delay, upon
the circumstances and trans'adions '44osed in the
Reports referred to thena;,.
They have since applied themselves to the fivther
inyestio.ltion of the imitters contained in those' Re:,
• - ,
ports, and having obtained,muchAiew- and tn-aierial
inforination Which :n the judgment of your commit-
tee win make it necessary to prefey.in additionl ar-
ticle or additiona aKticles of Impeachment • against
Lord. Melville, they.hitik, it their duty previous-
ly to subinit the same to the cousideration of the

The attention of your Committee has been parti-
cularly directed to a sum of 10,0001. which Lord
lqelville stated hirnklf to be
.indebted to the Navy
Pay Office, -when Mr. Trofter was first appointed
Paymaster, in January 1786. flow, when, and for
what purposes this sum of 10,0001. originally came
into the possession of Lord Melville, is left by
tie Reports retired to your Committee wholly un-
certain. it was manifest that it must have been:re-
ceived' by Lcrd Melville prior to the appointment
of Mr. Trotter; • and as the former Paymaster (the
late Mr. Andrew Douglas) e:i:ecuted. that
,office
(lacing the:whole of Lord Melville's first Treasurer-
ship, and so much" of the secptid as .preceded Mr.
Trotter's appointment, yqUr committee thought it
expedient to call for and inspeol all_such books, pa-
pers, and accounts,' of the late Mr, Douglas; relat-
ing to tie Navy Pay Office.,
.as could be produced to.
theni.. Many of these were found in. the possession
or his and the examination of them has,. in
flle estimation of your c;p44l-114te, brought to light
very important matter; tthe truth of Which .is con-
tirtmd by information derived from other sourees..
It :s already known the,l-louse that, Lord Mel-
ville NV as first appoMted Treasurer to. the Navy on
the i gth of August 1782, and that: by.a warrant
. dated the ;?ad ot. Oaeber, ,1782, his.salary was
in-
&eascd to the net sum ,of , 4,0091. " in lieu of all
w-o.es and fees, and other profits and. emoluments
-0
therefofoill enjoyed by other. Treasurers of- the
;\.Tavy."
It now appearS that Lord Melville, on the 2.oth
cfAugust, 1782 (the day after he first entered upon
his °Mee), constituted Mr. Andrew Douglas his
.payirixoter and that on the same day Mr. Dou-
glas paid t.) the 'Account of Lord Melt ille, at his
Bankers, Messrs. Drunimonds, the sum of 10001.--
But as this adVance seems to have been made to Lord
Melville from the private funds of Mr. Douglas, it is
herz noticed by your Committee only to explain in
part" the subsequent transactions.
Your Committee find, that until. the .6th of No-
vember, 178,2, all the money issuedfrom the Exche-
quer to the Treasurer of the Navy for Naval Services
was regularly paid upon his account as Treasurer of
the Navy to the Bank of England, whose Clerks ap-
pear to have attended at the Exchequer to receive it.
On the 6th of November, 1782, this course of pro-
ceeding seems to have been, for the first time, de-
parted from, there having been on that day 45,0001.
issued from the Exchequer to the Treasurer of the
Navy for naval services, of which sum only 40,0001.
wa's paid to hi's account at the Bank, the remaining
50001. being, by the Treasurer's order, deposited by
the Paymaster in an iron chest, then kept in that
office cash-,room, and called by him the Treasurer's
iron chest.

On the 22d of the same month' the. sum .of
50,0001. was issued from the Exchequer 'to the
Treasurer of the Navy ; of which only 47,0001.
was paid to his account at the Bank, the remaining
30001. being placed as before in the iron chest. -
On the 19th of December, 1782, a further issue
of 93,8301. 6s; tod. was made from the Exche-
quer to the Treasurer of the Navy; of which only
80,8301. 6s. 10d. was paid to big account at the
ank, the remaining 30001. being in like manner
'taken to the iron chest.

. On the .ed of:January 1783; there was depbsited
in she iron chest the further stun of 60(101., which
was that _day received from the then Mr. Welhbre.
Edis's Ex-Treasurership,in re-payment of an advance
to that amount which had bee,n,,mpde to that Er-
treasurership from Lord Melville's :aqcount at the
Bank, in compliance v ith of Navy
Board of the 3t)th 'of Nov. 1782.

• The payments rnade.into this iraa'ck.st oh ot.be-
fore the :.;,,c1 of January, therefore
follows, -

t7Sz, Nov. 6. From the Exchequer
• 22. From ditto -
Dcc. 19. Fromilitto _
1783, lan. 2. 1 coin Mr. Ellis's '1 reasurership

Soca

30:.,
3000
SOOO

Malang in the whole

Z 16,c0.0

How tliig sum:of-16,006 so issied to the Trea-

surer of the Navy for 'naval services, and by his or-
der placed in Ilia iron .chist instead of being lodged,
ifi.the Bank, was, in the first instance, disposeeol,
is fully explained by the accounts and papers of Mr.
• ~
• Douglas.
By these it will appear, that on the:llth of No-
vember 1782, five days after the first deposit in the
'iron chest, Mr. Douglas, the PaYmaster,'cieliVei-ed
to Lord Melville, upon his receipt, 5001. and on tho
following day'2oool. more: -On the istl of the same
.month wool. more \vas in like manner delivered
oy, him to Lord Melville, and on the 25th the-fur-
ther sum of 30001..

On -the igth of December following, the addi-
tional sums of 10001. and, 30001.. were also deli-
ered by the Paymaster, to or for the use of. L,ord

upon his receipt, making,:with the former

.4,arns, 0,5 001 ;. respeefinE; the particulars of which,
Yir.:Dooglas.appears-.to ha.-e at this tirne .madd a

statement to, and come to a settlPritmt upon, with
Lord Melville.

On the 4th of January, :1783, there rennined .in .
the iron chest 55001. ;,. from which the sum -of
30001. 'was on that thy t*en and paid to
coe (then Deputy" Pay master) towards, his ,:ofiice
payments ; leaving in the. chest a residue of curly_.
25001. ; the whole •of which residue was on the Sib
9f April 1783, delivered by Mr. Douglas to .Lord
Mel ville 4. upon his receipt.
Of the 16,000.1. that was so deposited in the iron
chest, it gppears, therefore, that only 30001. was
afterwards paid out for Naval Services, to Sub-AC- •
CounOntS, the remaining- 13,0001. having been paid
to Lord. Melville, upon his receipt,,as under, viz.-,

17Sz. Nov. 11, From the chest to Lord Niel 'v ilre k. 500
12, Do. .. , - - 20..
• ~,. 22, DO; - -, - 1000
•• 2i, ',)O. - - - 3000
DCC. 19, Do, - ' '- - . 10 0
• -- Do. -
--.- -3,p0-
1783. April 5, Do. - 2.590. ,

• Making in the whole t 3,000
In which snm of 13,0001. Lord Melville thus stood
indebted to the Public on-the,sth 01 April, t 783.
On the 10th of: that month. Lerd:.Melville. re-
signed his situation of Treasurer of the. Navy, with-
out having discharged any :part of that debt). tied
leaving the balance of his Treasurer's account at the
Bank 'deficient , to the amount of the aforesaid suin
of 13,0001.
On the 14th of April 178.3, four days after his re-
signation', this deficiency Ras further increased by a
draft drawn: on .that day by Mr.- Douglas, upon the
then Ex-treasnrership.: Account ..at the Bank„ for
t 0,0001.. thciugh made payable to Mr.',Jelli-
coe or bearer, was not,. •as it 'appears,' delivered to
Mr. Jeilicoe, but was paid: to Lord Melville, upon
his,receipt ; ,making the deficiency in his Ex-trea-
SurershipAcconunt at.the,Bank, or, in other'words,
his Debt to the Public, amount t0.e3,0001.

And accordingly it is found, at the end of the same
-month; viz. 30tti April 17\83, to 4, (ace balance
against Lord Melville was' 89,408 12 3
And the Bank balance in his faiour
only

66,40 s M

'23,000 0 0

into tie posSession of Lora. Melville, your commit-
tee have-thus been able, to ascertain. For, what fur-
ther purposes they were withdrawn, aud what uses
Lord Melville afterwards made of them, they cannot
in every particular at present fully state to die Hotise.
Buta part is found to have been paid to Lord Mel-
-ville's -private account at his Bankers', Messrs.
Drummondg, and 10001. to have been appli9d on
the 19th of December-1782, in 're-payment of the
sum before.stated to have.been advaneed to his Lord-
Ship by Mr. Douglas, .the day after his first appoint-
ment to the.oaice, Other sums appear'to have
formed items of account between Lord Melville and
Mr. Gray, who, 'as rlready Observed, was a Clerk
in the Navy Pay Office, and was, as your ComMittee
are informed, in the frequent habit of making peen-,
Mary advances to Lord Melville.
'The application of the latge sum of 10,0001.
which was withdrawn on the i4th of April t 78,3; by
a draft in favour of Mr. Jellicoe, your Committee
have been able to trace; and it appears to have been
Used by Lord Melville as a lOap to the House of
Mure and Atkinson, with whein he kept- an \ac-
count, and Who appear to have been: at that time in
need of assistance. This advance will ~be found to
haVe been more than dischgged before the end of,
three .months, by th:s're-payments: made by that
1.-louse on the 7th and 12th July 170 40 Lord Mel-
ville's Ex-.treasurership account at the Bank.

The use made of-R:6e of the smaller sums with-
yourottirnittee hare not yet discovered but
bding strongly impressed-with the importance of the
fae-ks now laid before the House, and apprehensive
that the Articles of Impeachment, which were pre-
pared before. they were in possession. of this infor-
mation, are not so 'framed pis to admit full evidence
of all the circuinstances herelvdetailed, they have
endeavoured to discharge their-duty by stating Mehl"
to, the House as the ground of a further Article to
be added, to those already- preferred.

. .
Yesterday, at the Surrey Sessions, Frorsernonger-
lane, a man was.senteniced to seven years transpor-
tation, for robbing his employers of a, quantity,of
brass nails; and several indioiments for larcenies
were tried, of no general importance.

POeKtT EDITIO. O! Dr. jOINSb's
, • . ,This Day were published,
By R: Ogle, Great Turnstile, Holborn,
Handsomely printed in 14 vols. 18mo. price zl. ss. in boards;
a few Copies in is vols. royal Evo. 31. in hoards.
TETE, WORKS of SAMUEL JOHNSONJ
',I.:D. a Nev Edition, with the Li-fe of tine Author.
The following Wr.ir of Dr. Johnson may be had separate-
ly as ahoye :
r. The History of Rasselas, Prince of Abyssinia, a Tale, in'
one volume,- itimo. price' rs -6d. A few copies elegantly
printed on foolscap, Bvo. price 35 &I. in boards.
2. The'Rambler, 4 vols. xBnin. price los. in boards.
• 3. The Idler, with additional Essays, a vols, ainn. prico
4s• in boards. _
4. A Jour iiey to the Western Islands of Scotland, in r vol,
amo.- price 25.
5. The Lives of the English Poets, with: Critical Ob.;
nervations on their Works,
4 vols. 18mo. price us. in boards;
or on large paper, price 16s. in boards.
Edinburgh: l' hilted for Bell and liradlotedames WCleisb,
and William Blackwood-; and sold' by R. Ogle,- London;
New-York-dither; -and li,,dges, Dublin ; S.-Campbell, New-York ;-
and all the Booksellers in Town ltid Country.

LVASE of a COMPACT, ELIGIBLE DWELLING.:
• HOUSE, excellent FASHU)NABLE FURNITURE;
.an UPLUGHT.GRAND PIANO, PLATE, LINEN,
CHINA, and VALUABLE EFFECTS. -
• TQ BE SOLD BY AUCTION,
By Mr. ROBINS,
On the Prenfses, No. 20, on the Fast Side of Manchester--

- street, ,Mancheter-scp.iare,,on Wednesday Next, at Twelve
o'Clock, , •
THE;.LEASE of a Conyaa and Desirable
iviuS F. , -Circe Stories )nO4 two Rooms on a Floor,
neatly fitte.i up, with convenient Offices, open airy Garden;
the whole in coin:ifete.ordil,r, Lite' the ' RESIDENCE of a
LADY of r•L's-I.l.tvc.rtoNj .Peseatiqd. •

.
• Also on Ine.sarne, and following 1.1:1,, at Twelve o'Clock,
will b.: Sold, the El,gant•and Neat 1-I(JUSEHOLO FUR..
NITUR E, [''LATE, 'LI ,-EN, CHINA, and other VA..
L UAB LE EFFECTS ; crupprising . fashionable Drawing
room Furniture, in Curt.ans-„Sofas, Chairs, Cabinets, Car-
pets, handsom.-t "I'ArlOur" Curtains, and Chairs covered
with .Morocco Leather, ecelleriit Bedsteads, prime Bedding.
Cabinet Articles of various descriptions, pod Kitchen Refitit-
sites, lec ;• the. principal part new within a short time.
• May be viewed by Tickets to the time of Sale ; the Furni- •
ture on Monday and Tuesday preceding the Sale. Particulars
and Catalogues on the Prcmiscs, and of Robins, War-,
‘vick.st,eet,•Golthn.square; where Tickets tor viewing may',
be had.

WHITEHALL-ELEGANT CAPITAL MANSION.
TO BE SOLD BY UCTION,
By Mr. ROBINS,
•

On the Prethises, on Wednesday, the zd of April, at.
One o'Clock,
-A NOBLE Spacious Elegant MANSION, comes
prising various suites •of splendid lofty apartinehts of
all des:riptipns, finished in an ,ap.propriate style—Entrance
and inner hall, Capital principal and secondary stone stair—
cases ritimiestic ap4rtaientot every denOirlination;• spacious
roomy ofike.s, well planned, and adapted to the consequence,
of the Niantlon. The whole c....signed-and built ass rissidence.
for a family' of the first distinction. liree
enclosed yard, and, seat.il mg for eleven horses ; all compact.
and fit tor immediate reception : situate at Whitehall, op—
posite the liOrse Gila-ids, the residenCe of the, late most No—.
bfe-Pilarqu is (itStaflira,dieceased, - . . . .
The Purchaser may be accommbdated With the Furniture
*A valuation.
"14) he viewed 'with-Tickets, which, with Particulars,
h.
haii of Ales. Robins; Warwick-stieet,GOlded:Square,
•
11iaiine EWgant MANSION ..and—CkNr), jiiAr EAST
COWFS, I:sie of -.•
TU BE 'SOLD BY AUcTION •
9• . •
By Mr. ROBINS-
At the Etiglo Inn, Newport, in the Isle of Wight, on
Satualay the. tzth April, at Twelve o' lock,
In One

CAPITAL and DESIRABLE FREEHOLD...
ES TAT the:Li.e..sidence of john Thompson.-
E'sg: .com Prising a sitigularly elegant stone- built .Mansion, ,
with Wings; erected' within x-lew,years, on an handsOirie
elevation, and judiciously planned, with attached Officet of
every description, Situate nedr. East. Cowes, in: the isle ofi-
Wight, within half a mile of the Sea; and commanding noble
Views of irolie Medina River, New Forest, and Coast 'of
Hampshire, with a Farm-yard and,,Out-bulkdingss a •Pook.
Of excelltne Water ted by the strongest Stream, a produdiv
Kitchen Garden planted with choice Fruit Trets,..,-ice. and'
sundry lalosures of meadow Lana surrounding the. Man,
szor, the.whole aboUt Twenty-two Acres, forming a beaufi.,
ful. Lawri, tinterspersed with luxuriant-Forest Trees an,t
shrubs ; the svhole is in complete order, and fit for the.'
immediate Residence of a Nobleman's or Gentleman's Fa.,

Niay he viewed.' Partieuhrs•On the Premises; at the Bu.
gle Inn, Newport ; :1-.ountain and Crown, Pottsmouth ;
Dolphin, ; Bush; Staines ; at GaiTaway's
Cntfee-house,'Cornhit ; and of,ll .Robms,Warwic!:..street,
Golden-square, Loudon, where a• Plan may IN seen. -

•
To THOMAS , 'TAYLOR Esq.
•
• • .No. q, New Bridge,Stetivt, London.
Honoured Sir, - Edinburgh, March tg, Igor.
T BEG leave to inform, you, that ever since the
year 1790, 1 have been afflicted with the LuesVene.
rea ; which, from its obstinately resisting every course oi
Medicine prescribed ,by the most eminent of the Faculty
nere, 'and undergoing several severe courses of salivation,
and twice discharged. from the Hospital, with little relief,
would-elven- to be of the most 'inveterate nature. in the
spring of last year my disorAr had got to such a head, as
heariy to put a period to my existence-1 had a large ulcer
on the crown'. et my head, one on each arm, and• my legs
were broke Out in a frightful manner ; my. right was dread- •
fully painful, and-hail been in a van.. of ulceration for the
last seven years ; my left had also 'two large nodes on it,
was very Much discoloUreil, and gave me such excrutiat-
ing pain, particularly when warm in had, asnearly to de-
prive me of -rest; in this lamentable state, I was recom-
mended ,by • Mr. -:te Tilompsori,
.(who received so great a
cure by them here), to take vour Leake's Patent . Pills,
which I began to :do on the :26tli of May ;. in the course
of a fortnight, 1 began to receive henetiten little• more
than a month, the uiceri± on toy head and arms were
soundly healedLesoon atter, the sores on my le-As heale4
also; leaving, . however, consuterable, discelonration in the
skin„ and limn in the. bone of.the lett, which, by the Bless
sing of God; and a .little longer 1;0-Severance in yourinva-
litable Medicine, subsided ; the nodes dispersits, the skin-
regaining its natural hue,
,and the nocturnal pains gradually
Ong ell: I thus beeame, by your 'liberal advice and Mo
perfezay free 'from all :ny former complaints—
haVe recovered my former spirits aid strength,•and'am be-
come jolly and fat, In Which state havingeontinued many
months-to the astoinshment. ••if knew nte, lam at
a loss iii what terms to • ex.;:kress In;• gratitude, but beg you,
for the good of otlier sit:Y.:ring mortals, to, make this my
case as public as possible,. as t shall
_on every occasion;
in'so doing, you will greatly 'oblige, Sir, your gratefitle
obedient, very humble'servant, ' ALEX. NIURKERe.
Swan's Close, Hieb-streer, Edinburgh.
‘s!' messes to the aboVe Uitre i
lons TnomesoN, NO: 3, NesvlPoultcy Market; and
lons NVINTosii. k);(1 Assembly-close, Edinburgn..
Prepared and 'mid by the sole Proprietor,

'room s yLo k e::lherof tltu I oval
_College of Stir.
*tons, at his 11,)use; 9, Now London,'
where, after it. coils car:t res!dence o more than thirty sir
years, in! a practice particula.ft. to the cure of
Venereal Complaints and thos, to the Tarts of
Gene=ion,, with,tilat instiol.l!:c secrecy which men of
his: profession' should always observe in such cases, he
flatters himseit, the :advice and assistance he gratuitously
adintnisters to persons, raking this MeOiLine, will be.
esteemed, by'a discmiing Public, as an, advantage
dam attainable and you' of all ambiguity..

130sold;-by his, appointtpent,, fo.r the convenience of
those living at. n distance, at the Perftitner's; No. 15. St.
Alban's-street:, rail_ Mall ; .the Toysiinp, No. I[o3, Ox.
ford-,strect ; Disborougit's, No, 7, 1. ish-street-hill ;
Mr. Steel's, 13oakseller, No. 1, 'llnion..row, Little TOwer.
Mr.- BaxtEi.'s, Soutli-nrdge, ; Mr. Mac-
donald,- GlasNtow ; Mr. Callwell's, Dublin; anti by or.e-
person in every considerable town in Gtsat Britain.anit I re-
lan:l, tie Boxes of only 2S. NO. each; sealed up with full
and plant ihre....tions, whereny persons :of either sex may
euretileinselves with ease, speed, secrecy, ant safety.
N. B. .Every lfox sold in Gieat Britain. is ,"selled up with.
a `Stamp, on which; by favour -fif this ContinisE•lotter..; as
printed. at the Starner 0)11 a--'s T.. Taylor, No. o.
Widge-stet,"H--to imitate which is Felony, and all othe'rs
are counteilei,ts.