The Sun.
London, England, 1801-07-09 00:00:00

ATIAL I,N; 'TY t:Y. .4.

His has, been pleased, T. Ms 71-, 'II'
Letters Pate: t, to constitute and appr,int Tr4u
STANLEY, E,q, to lie His:Majesty's P.ritn*:-_,rjeant
.at Law in Ireland, in the room of the Right lion
ST. GEORGE DALY, aopointed. one of the Barons of
His Majesty'S Court of Exchequer in Ireland'.
On Wednesday last Logani and 9' Hogarty vi; ere
e-,,';ecurd at Naas,putisuant to'their sentence, the
former...for .the' murder of the late,Mf. Spencer,: of
Rathargan, and the latter for the murder of Lieut.
Giffard, in May, 1.798.: " • .
Tuesday morning' Joseph America, 'a private in
the'HOrnpesch Dragonns,s-was..ghot in the Marlyke
Field, -Cork, pursuant to the sentence of 'a .Court..-
Martial,.lof disobedience of orders,.. and uris.oldierly
.condu6l towards his Officer. He met his fate with
great firmness.- The. whole 'Garrison was present
at the execution.

LINES

WRITTEN BY THE ELDER CAPT.

ON VlSlrr,:c; THE Hot/3E OF THE LATE GEN. KNOX*,

IN cRAFToN-sTittnr, FITZROY-SQUARE.

0 KNOX ! while sorrow o'er the land is spread,
'..For thee, untimely num. ber'd with the dead;
Dear to thy Sov'reign, to thy Country dear;
While ali who knew thee, name thee with a.tear,
Accept my feeble praise; 'tis all Lcan,
Who 'only from the l4lansion judge the Man
Here genuine elegari.e of taste 1 find,
A,true criterion of the Master's mind ;
The Simple and the Beautiful unite,
To captivate the heart, and charm the sight;
In ev'ry ()Ned excellence I see; 2 '
Bet all, alas I are lost, in losing thee.
Thy. bright example hath conviclion wrought,
I feel the truth of what I long have thought ;
Yes, all are vulgar who•their 'Tithes waste,
And none but. Men of Worth are Men of Taste.

* The General was drowned on hiS passage to his govern-
ment
Jamaica the vessel, on board or which he emoarked,
foundered in a storm. •

WILLIAM ADAMS, Esq. late M. P. for Plymp_
ton,.. was on Monday last unanimously eleCted a
Representative-JO!: the Borough Of Totness, his na-
tive town, In the room of Lord GEoKGE BEI%
L4017k, appointed a Commissioner of.the Excise.
On the same day: Lord .Gt. tNB ERY t E .was eleaed
Member for Plympton, in the room of Mr. AnAq,.
joHN Ft; ,of -Rose-hill,. is a Candidate
to represent the, County of Sussex in.Parliaincnt, in
theroOM of Lord Pr L. AM.
The Lady' C,N,.innencj, Gibson, front
struck Anchor coming into Liverpool, and •
is nearly Lill of water.

It is said that the Coti.nts Suz,ow..halie been de-
.
sired to Nyithdraw froiri Petersnitrgh,: accuwit of
-their having-been aecessary to the appir:xj; of PAUL
• the Fit.st. . • Whether the Emperor Az E?)CANDER
means to desire all the Nolilemen concerned in that
'transaaiOO to travel abroad, -is no kriown hut,
abcoraing to the most -authentic adiTiccs, tllre were
more illan of irn-
•)licatert in it,- that drew lots, who should. undertake
t

he office. The fell on Counts So -Dor:it and
ORLOW,' 4nd. an 1-lanoverian• Ger.erol ; but' frorn
he ready access. they found 'to, the.. deceased Empe-
ror's apartments, there is no. doubt but that some
m
who ere in his personal service: Were accessories
on the occasion. •

The manner in which the Conspirators gained the
Royal Chamber, was by a most private staircase,
used orq for the purposes of .his intrigues ; they
had .4 false key to it. Nut. was niarmed by their.
.Tproaeh, and jumped out of bed, concealing him
serf behind a large screen in his room. The Con-

pirators were extremely uneasy in searching ,the
.b d,- and finding
.their viairn had escaped. They
searched the apartment, ,nd in attempting to'fold
the §creen, the Emperor was discovered 'it.
At first, he Made every possible concession,- of.
fering to abdicate, and 'retire
:wherever was
most conveiqient. He was •shewn the "order he
had signed , to shut up the' Empress in -it Con_.
vent, and to transport_ the ,present ,Emperor to
Siberia, and was told that his 'reign had been so
unjust and tyrannical, that, the' Monafety-wOula be
endangered. by his continuing to Finding that
intercession was in vain, PAUL.' determined .not to
die without defending himself, and made use of
every possible resistance, until he was at length..
strangled with'his own sash. The whole horrible •
affair did not take. up ritual more time than an hour;
and happened between half past twelve and two in
'the morning.
. This scene took place in the new.palace built by
I:),k.t.n. the First, upon which he had expended the
enormous sum of nineteen tnillions of rubles. The
building was furnished with so much haste, that a
great deal of the most costly tapestry and furniture
has been spoiled.
The Abolition of Christianity in France, for
as such must the present state of Religion in that,
Country be considered, has been followed.by 'a ge-
neral decline of those names which Christians have
been accustomed to bear.—Peter, 'John, Matthew,-
Margaret, and Mary, .have given place to a Hea-
thenish nomenclature. Most of. the.children under
ten years, are little Cz,sars, and little:Achilleses,
•
Hyacinths, and Clementinas.

The new Ctit at Paddington becomes an ob_
jen of curiosity, and attracts the notice of 'thou_
.
sands daily. On Sunday evening the crowds were
immense, and the boatmen made upwards of twenty
pounds in carrying Cies a crevlage froth one. bridge to
the other fora penny. The water is infested with
a peculiar fish that we do 'not read of in Buffont but.
which we might denbininate the Fish Leech. lt is
-the shape of a comnion, leech, but yellow; and
fastens on its vielim in-the same manner. • 'On Sun-
day it attraeled the notice of many, by seizing•inii-
nows and small fry, with whose blood it instantly
gorges, and then separates from it's prey; which
immediately floats on the surface of the -water.

, .
. . ,
The NeptunnS, Simons, from London to •Lisbgn,
.has been aground off.t.'ortsinoutb,.and.xeca Y ed; 4a_
mage. ' .
..

L REPORT,
• •

CC: UR:r. or KiN.G's BENCH, Nk'r.DNEsnAv, vLY S,

.z.,froriNcs• BEFORE LORD KEN7YON. IN GUiLtRALI47

LONDON:

FORDYCE MILLER.

The Plaintiff is a Meithant in 'the City, and.
deals, among :it- other things, in -thr! Exportation, of
RibbObs' for the- binding of..",them,
upon the -Exportation. of which - there i 3 a large
Bounty by lvay
on
,-. ' •
Mr. sti NE, on the 'par t of, the Plaintiff .;.said,
that this was an Aaion,to-recover.the loss which
had fallen On the Plaintiff in consequence of'a pan_
tify of
,Ribbon binding .which.had been entered at
the'-"Ce.toni-Flouse, and the Cocket made -out-for,
-54 lbs. weight, whereas it appeared to be only 44th.
and
,sonie ourlceS. The practice of the Officers Of ,
the Custom.-House :was very liberal;
,when any
entries- were: falsely made by mere mistake, _but
When the DraWback was very large, and bore such a
proportion to valne of
,the GobSs aS perhaps to
pet cent. which was the.case in some thingS, then
it was aßole that was invariable
.and inflexible, to
condemn' and never' to restore ',the' Property, that
being found-by eXperience the only effthual way of
prev'ernting fraud ; and although=--it,',might operate,
in sozne particular Cases, as'a great hardship on in.
dividtitifs who lad nodishOnest intentions,-but< who
did `that-which was. wrong .bY,mistake,; yet, upon
the whole .p-raa.ice-' of the .Cnstom-House,,-•it was
found better to adopt this. line of .rigour, as it.
was .foiid..to some particular instances ;.but
Of Justice,. altogether; rather_ than, leave open, a
door to great ffaud..wh:ch would rake place if
,the
Rule was other Wise.. In this ,partiLlar" instance
there was no -fraud imputed to the . Defendant ; it
was a. mere mistake, Plaintiff's, Servant 'had
attended at- the Defendant's Warehouse; and there
he was inforiTh.7.Ll that the weight of 'the Ribbon _
which the Piaintiffhad bought of the-Defcridant was
s4A..and some odd ounces. It was therefore en-
tered- ace6rdingly ; that is to say, it Was-entered
according .to custom in :these- cases, a potind
and a lews:Ounces lesS than the real weight, to allow
fe3r Waste and dryness, and° to' besafe at the re-weigh, '
tug, &c. It was foUnd to be entered'higher than
its real weight, in. this•casei- and therefore, as the
Bounty to he claimed - would. be more than'the Party
exporting would be entitled to, a Confiscation took

f placei a—ndun application was made to the. Commis:.
.1 ,iOners, .stating, as. the truth was, tha(the error
I wa, the- result of a
,rnere.mistake, ;for that, there was
Rio intention Whatever to defraud the Revenue; but
that application was unsUccessfui, owing. to. the Rule
to which he had adverted, already. The case' then
,was this :,.. Here, was a Merchant who lia'd bought
Shoes and this quantity of,Ribbon,.upon -the Fotpor-
!al ion of which he was entitled to have'a certain
Drawback. He,was-entitled"to- hive from the ,De-
tendant. A-true, account of, the weight 'of this Rib-
, bon. . The Defendant knew, or ought o,know,- wha t
that :veight was.. He knew also, that, if there was
nut a true account rendered at the Custom-House,
the Property .would be.,finfeited. Here weretwo in,
nocent .Parties,_ innveettt he meant to`saY, of fraud.'
Phere had been a loss upon a transation be.tween
them. The question was,,as the loss mitsiltif Upon
one of them, which, of _them should bear that logs ?
He apprehended this,Case -to be. like- the CAS-e of a
Charadcr given of a person. When a.man, out of
mere good -.nature, without any. interest of :any-
' kind, ,said of another..that he, was 'a :solvent. per-'
son; and hati.. dealings to a.certain amount, when it
turned: out, that he was not solvent; .and did, not
deal to, that atnount, and-lthe..-person who asked-for
the c;sarader. gave credit to this person on. -the:
strength of such a-.Charader, an.`:. sustained'a `loss
thereby, 'he shall reeov,er ~,8-.-tittst the -person giving
that Cluirader, although no fr.aud %Vas intended,..
For, •in these, Cas2L'a man- :vas: ans,.verable for his
'rni,tilkes 'as well as. for' his wilful."iniscontitiet, .if
injurious to the person to ;Bong :the Charaiker Was.
given. Soch I.`vas, the Lm in these Cases. EVery
man Was- 'hound by the Lail,. f.,.very-One was,bOund,
to know. the Law.. The 'Del€...ncLint here, in. point
of fad, knew, 'it ptadicaliy. :It was- his duty in'
this Case to be aeearate. If he was inaccurate he
ought to bear the lois.. T!-.e loss must 'either fall
on the Defendant-: di' On the, Pia in ;iffy.. The Defend..-
ant -ought - to-have taken care tp be accur-ate; for *the
Plaintiff trusted in hiM ; the fads -weia quiterplain;
and_'he-apprehended there could be--no .difficulty,
upon • the Law.
._
, .
' A.ndrew SMith, who had sothe.years ago, that is,
in I 795, been Clerk tothePlaintiff,gave an account
of these goods being bouglitky.the, Plaintiff Of :tli..
Defendant ; that the WitneSs -applied afterwards at -
the . Warehouse of the Defendant for.the'wJight:df
the. ribbon, and that he was there told by the De-
fendant- 'that the weight 'was A -4.11)." He entered it
in i mernorandum-b:-)ok. - The manner- in: which '
this Witness gave: hiS" account of this entry in his '
book, vas very confused, and but little reliance- was
placed upon it, but the Case Cook afterwards a turn ,
that was independent of his testimony. • . .
The Affidavit which was Made by the Plainti6'
~
and Defendant and ,theirS.;lerks, in support Of the
Application to ha:./e.the condemned goods restored,
stated_ on the part. o 4 the Thlei:dant, that' this ae-
count was given by Samuel 11,1ilier.,--thaCis., the
Defendant,. &c. upon-- which
Lord KENYON Observed, that- ihis ~Weighed
down all other points, for he must -take
.the Affi-
davit of the Defendant to be in every resped'irue
w!:eil it
.operated upon the :interest -of`'tivat'De-
fentiant.. However, as this matter appealed to be
anurce mistake, arid as an inevitable loss'arose up-
on it, his Lordship thonghi that the best detertilin.. -
tion 'would, be that Of withdrawing a Juror, upon an
agreement that- the loss should be equally divided •
between the Plain till and the' Defendant.' : .

This suggestion of his Lordship Was, acceded to.
in aihstance, fOr the Vcrdid was given, fbr the Plain-
fOr liiilf the 'value of the,.goods, dint is to say,
for the Plaintiff, Pamages Fifty-one Pounds Three
Si illin s, without costs.

In an A&itn upon a Biil of Exchange, the de-
fence was,.
,that the Bill heing,made a"perfeaßill,
it- was afterwards a.lterd, arid sent into theworld
as itenetv 43111, wittliont anew Stainp. .
ft, appeared clearly cilia the case yas, soj and,
therefore, the Bilt was void

' Lord Kt.-SIN:D.I •:Lr`tb or three people were
hanged for .a4tering- :i...,'Ots,ol,l2:?schange, and other
Paper negotiable inszri.inentc, it iwould, perhdo,,
promulgate the Law eff.c-itiallY. This might, srion,
become necessary, for we now nrthy 'be said to eat
Ad:drink-Of Negotiable Pwer, and' to live, as it
Were,
,011 a Taper Diet. ' It should be umembered,
by those,who her these Instruments,' in this man,
ner, 'they are playing with edge toolti, by which.
they may be destroyed.•• That travelling rhis'ivay;
teas going on the high. road to the gagows., It was,
however, ,clear in this -case, "as a mere matter of ,
keyenue, that if the Bi;1 was once perfcd; and af..
ter wards .altered, and sell t in to the world again,
without a new Stamp,. it was void. No' attio:r
could be maintained on Such a Bill, and, therefore;
The PliintiTWas nonsuited.