The Sun.
London, England, 1801-06-05 00:00:00

SHEERNESS, Ju 4.

SAWED His Majesty's Ship, Edus, of 36 guns-,
Capt. J. W. SPRANGER, for Yarmouth.
This being the Anniversary of ,Elis Majesty's
Birth-day, a Salute of 7o guns from the Bat-
teries, with three Voliies of Musquetry from
the Surrey IVlilitia, and Invalids, at this Garrison,
was fired at twelve o'clock, and a Salute of z r guns
from each Ship at the Nore,-at one o'clotk.

By Letters from 'Sir EDWARD PglAt.VeS Sqll3-
droll, dates on the, 13(1 ult. he was still dosely
watching the Squairon in' Isle Plea Road's •
which' consisted of Five Sail of the-Line, of 8o guns,
Two Frigates, -a Corvette, and a Brig, which he
daily ex?eaed to sail: .
The following Extra Ships were on Wednesday
last thus stationed and timed :
For M o s--IThe Caledonian; new ship, Wilkinson ; new
ship,-t leland; White and Co. Monarch.
For Bons a.a.Y—The Sovereign ; •new ship, Zlestacr.
The above are appointed to sail to Gravesend the loth
of July, to stay there ten days, and be in the Downs on
Ate :thth of July.
'For .EINGAL—The Manship (afterwards to Ceylon), Co:net,
Sarah Christiana.
To he at G;.avesend the loth of Tune, to. stay there ten
days, and be itt the J)owns on the 16th ditto. ,•
The E i /abet h also taken up-and consigned' to Bengal, is
appointed to be at r ortstpouth on the Uth

TitE THEATRE.

Covent,Gqrden:

Ttnt Tkagedy of Hamlet was last night rep;:e_
sentedj at this rihettre. The pail of flui..l-t was
pPrformed by Mr. LACY, a son of Mr. LACY,
formerly one of the Proprietors of Drury-lane Thea-
tre. Mr. LACY, Jun. though a youngsn,m, has,
we understand, performed several years in Provin-
cial Theatres. His figure is goOd, but his stature
is so much above the general race, of Petformers, that
they appear mushrooms in comparison ;—his voice
is powerful, and of a very good tone—he speaks
with peculiar distinaness, and seems., to be well
acquainted with his profession. His conception of
Hamlet wag throughout very judieious, 'and was
`supported with energy and feeling. lt was evident
through the whole of his aaing, that he had exer-
cised his own understanding in studying the arduous
part which he assumed. Sortie of the passages,
therefore, were given with apparent novelty, but
they did not seem affefted or caFrieious: Upon the
whole, Mr. LACY displayed strong marks of good
sense, and he acquitted himself, with such ability, as
well merits a reqiedable station on the London
Stage.
The Riuse was coMpletely full, and though, as
it wets what is called a Ticket Nigbi, the Audience
were of The madry kind, they were More than
usually attentive, and received the new candidate
tor public favour with great applause.

This.roorriimr at five O'clock were taken into
custody, near ii:lg-eware Turnpik.e, by 'lownsendi
and other Police Oflicersi under a Warrant fro:n
RICHARD -Foito, Esq. the :Right Honourable
the Marquis of DONIIEGAL and Sir H. V. TEMPEST;
who intended to fight a Duel in. a field
.adjoining
Edgewure-road. Colonel MAITLAND and Colo,
nel MATH E w acconyanied them as Seconds. All the
parties were taken before Mr.-Folk)), at his house
in Sloane:street, and entered into recognizances to
keep the peace.-7—Stirgeons Rusk and, KNIGFIr at-
tended them.

Almost all thd Volunteer Corps in and about the.
Metropolis were out yesterday, to fire a feu-de-joie
in honour of His -MAIESTY'S Birth-day. It is with
great satisfaEtion we observe•the loyalty and zeal
which distinguish these Gentlemen on every occa-
sion. They are now such perfea masters of mili-
tary discipline, and their disposition is in every
respeft so excellent, that the Country feels the real
security it derives from their exertions, and has
le'arned not to dread the .absence of the regular
Army, If circumstances should require a greater
portion 'of it to be sent upon foreign duty.
Yesterday the Brigade of Royal Eastindia.Vo.
lunteers were inspeded by Colonel Ixot,is, before
svhoM they passed in review, in a correct and sol-
dier-like manner ; after firing three vollies, they
were lormed in separate circles, and informed 'by
their Adjutants, that the Field-Officers had ordered
them zs. each,, to-drink health and long life to s

MAJESTY. •
Among they RegtmentS destined for Egypt, is the
zd Light Dragoons, part of which marched into
Cork last week, for the purpose of being embarked.
Two Troops of rite 2..8th Light Dragoons (whr, to-
gether with the a tst, are_ said to have the
destination) were last week reviewed at
by General Sir CIIARLES ASGILL.
'Soon after the receipt of the melancholy intelli-
gence of the death of Sir RALPH, ABERCIIOMBY,
His Royal Highness the Dutt.n' of Volt% iddressk..l
letter to Lady AbEitcß,oiday; expressive of the
warmest tat:Coon and esteem of his former compa-
nion in arms, blended With -S-entirrtuits Of condolence
and sympathy, Which at once evinced thaL.he shaied
in her grief, and manifested his goodness' of heart by
his ardent desire ,to Mitigate: her diuress. A,. a
further-proof of His Royal Highness's attention, he,
at the same time, transmitted a Captain's Commis_
sion for her third son.

Mr. COLMAN is at work on an Opera, whicll
will be: brought forward early in the cnuing sea, ic,
at the .Haymarket Theatre. There 'is .a degree 01'
vigour anti- sprightliness in his Ten, which- far ex-
ceed the general produaions of' the modern stage..
_
COOKE is engaged to perform
.at
,Edinbtirgit,
Glasgow, and Liverpool, after . Covent - Garden
Theatre closeslor.the season : he is •to play twelve,
nights at each of those places ;• hiStonly recompense
is a Benefit tit each place, and,. strange to say, he
.is to. pay the expeoces of the Theatre. Such 'an
engagement must of course have been Imbed before
he obtained so muck celebrity in London, and it i:4
very creditable to, his chant-der, that he should
abide by conditions, so touch below what he might
expel from his merit and his fame.
ANECDOTE; ----H, The following curious eircum,
stance is related as having taken place some, time
ago at the Court of Copenhagen. On entering the
Drawing-100m one Court day, -the foot of the
French Ambassador tripped, the Dutch EnvOy at
tempted to save him, but without success, and they ,
both fell at ;he feet of Mrs. CILAWFURD, the Lady
of the English Charger d'Afaires—the Russian Mi.
nister, then present, exclaimed,'ic Voila h-s deux
Riisublivits aux.pilds d'Angleterre .t'' . -
. .
Satire, in the form of panegyric, is a specieS of
writing-we have not been. much accustomed to but
the unknown Author of the Poem; entitled ic The
Millennium," has clearly shewn that it may 13:7 as I
severe in ihis netvly invented dress as in its mci:e
obvioas and common garb. In reality we have ne-
ver witnessed.a keener piece of POetry than the
Millennium, nor,one that has evinced a more no.
biassed judgment in its attack. It the Author sof.,
fern us :0 see his system of politics, he nevertheless.
does not spare many of tile most, distinguished CITA .
raAers to whom we should naturally suppose !inch
system would attach him. . But politics do not an.
pear to controul him in any covsideri;ble cure:; ;
his great and genmil objeicl seems to be in. every'
quarter, tnA he iia <i.t.,eilt,:,l it ty;!ii high spirit, to
-- .It. , i L.;:,. :e., it iiit,
And catch Ow i',1.,.:11.> li, ':. , d, titc:,' ris:,
Mr. MAUN'D r, who lr, .-•') successfully under
the title of the ''R:tral l'.lo,oilhtr," given tin
lsnglish Ver,iolli alnltht equ.ii ~.: il:.: original, of the
Abler.' Dt Lit.i.,C4 hiem entitled, .I..'t ir.,M]ne de,
I Champs, is ‘..:iid TIOiC, to be enit,lov 4 I 0,1.3 tlanslatko
I of Les Jardins, by. the sathe Author.

LAW REPORT.

COURt OF I“l4C's 13.ENCH, SetTußlikY, !\f,ty
. .
SITTINGS'REFOIt F. Ma.
,JUStiti: A NC, AND A S,PE.

CIAL JURY, IN WESTVIINS'IK.,-II.tLL.

KERSLAKE SAOPt AND WiIIERT.

Tn is was an •Adion• brought 'tla Plaintiff
against three,Gentlernen who are
,lliredors of the
Westminster Insurance dffice upon ,Lives, for the ".
purpose of recovering 3601. Which, tilt: ItintifiT, by
means of his. Agent, a -petion- of the name of How..,
atd, caused to be. insured on the Life of a dentle-:
man of the name of Robson, upon. which a Policy
was entered into on that Life, and which Policy,
after stating in the usual way, the description, age,
&c. of the party, containcd. a warranty. that
Robson, whose Life was insured, was in good
health, and u%Aided with any disorder tending-to
shorten human life, at the time the PAicy was cf_
feaed, .which was thv zd of Mar,:n z ;99. 'U
Gentleman,. whose life was insured, lived tl:cn
London, and in' the September following Went down
to Berwick-upon-Tweed, went out on a shooting
p:trty, was
,caugbt in a shower of ,rain, took Cold,
and, in f),:ceniber following be died. The. Plain.
tiff; in this -Adion, had bought .ah Annuity-of Mr,
Robson, and had insurahis Life. The Policy,„ the,
death of Mr. Robson, and. the interest of the party
in his ilfe, were admitted. To this Case, on the
part of the Plaintiff, the. Defendants, on behalf of
the Society, of whicht they are Diredors, answeod,.,
that the Soeietk.was Jtot .9ound to pay, and that.on
two grounds: First, because they said, that at the
time of-making the Insurance, Mr. Robson was not..
in good health, so as not to be ;Aided with a. dis-
order tending to shorten human life, or supposing
he was in good health, yet 'that, they were not
bOund to pay this money, because the Agent of the
Plaintiff committed a fraud and deceit on them
when the Policy was effected, namely, by ttpresent..
ing that 'Air. Robson had no Physician to whom the
Office might, resort. to
.inquire of his state of health,
in the usual ,manner, the Agent saying, he had ne.
ver been attended by any Medical Man, whereas he
knew he hadoften been attended by Physicians,
and a Stirgcon,.&e. Upop each of these points thcre
,was an issue. These two points were, therefore,
to be inquired into.- First, whether Mr. Rob on
was, at the time of effeaing this Policy, aillided
with any coMplaint which had a tendency tO shorten
life which is the common question in all cases of
Insurance upon 'Lives, where there is A warranty
II t the. party is in. good health : Secondly, suppos,
ing the parry was so, whether thelirrtiff Agent
committed a fraud upbn.the Defendants wizen the
Policy was entered into, by saying that I\il-r. Itobs'on
had never been attended by any Met-Real
cause if he did, most clearly the Plaintiff could not-
recover, because, in this respe6,. the ad" of the
Plaintiff's Agent, as indeed in Civil Cases, was
to he considered as the ad of the Prinein.4l, ,anct
therefore .the Plaintiff must stand or call by the ad
of his Agent.

It appeared :that the Plaintiff' 14n ~:'w ot)tling of
Mr. Robson, nor hid ever seem hi,n until he had,
by Means of Mr. Howard, his. Agent, b9ugilt .111
Annuity of tool: a year of him and given him 3601,
for it, and then caused the Life to be insured.
That when the parties went to the Westminster
Insurance Office, 'Mr. .Robson tic,:laiM he
lid never been attended by any Medical 'Man, and
Mr. Host ird, who was 'the Plaintiff's Agent, con,.
firmed it, whereas it .was kno.Wn he Lid, before
that time Peen atiliAed" with a pulmonary complaint
which produced an hemorhage,

Dr. K..Sinith;Thysician to.l-11S attend.
cd Mr. Robson, and he said, dna when he .attended
him, 'he had nci fever,--nor iii:Tcalty breathingf
nor a cough. He Was afterwarck, in the language of
Medical Men, " well," by ,which was mearit, that
Was. free from complaint )..bat if it. was from
tiwnec to be taken, that he could commit with im-
punity, any of those excesses, which are frequently
indulged by persons of his age (r,wenty,three) it
would be a mistake. If the Dodor were to be
asked " Mk. Robson was at this time'?" he
should say " bUt lie should have tit,uaht-it
prudent to add, that considering the imp,jtuosity of
his temper, the former intemperate habits of his
life, fora he had been a free liver, and the delicacy
of his frame, he swas not fit for those aCtive exer-
lions, which at his time Oflife, iire'frequently enter-
ed into, for any thing of that kind was likely' to
bring on him the complaint which he had lately
gotrido
The Learned 'Judge thought it was hardly Ores.
sary to proceed any further-) but it was afterwards
agreed to proceed, and go into evidence for the
:.I):fendants, and it was stated by several Medical

Gentlemen, thitt Mr. Robson was by no Ineans

health at.the.tiine oteirefting this poliey, they
having previonii and subsequent to, this Policy
attended him; when he had a pulmonary corn.

Mr. Justice LE BLAINC in the course of his charge
'to the jury, said he thought they would find the
-,
cuestion steered clear of any 'difficulty from terms.
used by Medical' Gentlemen as descriptive of
disearP2g, fbr, by'thi', Volleyy it was warranted that.
the Party was in gOod'health.- Whether the Party
wli`O 'effeeted 'the InStirance,. knew Mr. Robson to
by in health or t11)t, made no diff.lence upon the
tirstissuz. ; the elrect Wai just the same in point of
Law, for if tv:as in .health, the issue would be
the Plaint HI, if he was not,• it Would be with
the Defendant,. : that issue, must deiend.upon the:
troth or falsehm,l 4 the warraoty, the meaning of
which was not th;tta person- should be robust, or
More likely to live
.than in other, but that he Was
in such 'reasonable; and ortlinhry health as that his
lik insured "On du! common terms of per-
sons of ate of rwent-,,:three.

Th next consideration for the Jury wag, "Whe.
ther any deceit was pratlit,ed on the 11;fendants,
th time the.Poliey was effeiled by Mr. Howard,
th Agnt i" This was the heCOnd
might lay o'!t of their consiLn,ticn caqst
;if ,lezith of 'Mr. Robson, furth,2r thin they
t:;ick: it was conrwded widi his previous
state of heal:h. Upon the whole of ti;,. Caie, the.
Lea:ilea Jude wa-; most ciccidediv of opi,rim that
the Verdia to by fur th Dcfenaantip- •

a
The-Jury retired, and having remained out fo'r
great while, returned a Verdict for the Plaintiff,
damages, the amount of the Policy of course.

JUNE 2.

`TERRY BODDINGTON AND OTHERS.

THIS was an Aetion against the Defendants,
who are Executors of a Gentleman of the name of
Davis, who had, in Feb. last, entered into an engage-
rivnt to transfer to the Plaintiff, Mr. Terry, 60001.
worth of East India Stock, on a day in April last,
and which was 'then standing in the name of Mr.
Davis, who died before the transfer could be made,
but not before he had written out an order for that
purpose. The Defendants, his _Executors, being
called upon to make good the transfer, declined it.
At the time the transfer was to have been made, the
Stock was lower than it afterwards became, and the
difference between that and thepurchase which the
Plaintiff made of 60001. in the same Stock, was +zol.
Mr. MulaA,Y, on the part of the Defendants,
said, that they being only Executors, and as they
were told by the next of ,kin, that this bargain be-
tween the Plaintiff and Mr. Davies was likely to
have been of that kind which is called Speculation in
the Funds, of which Mr. Davis was alledged to
have often been guilty, the Defendants could not
think themselves justified in paying this moneY
out of the Estate without the authority of a Court
of Justice. -•
There did not appear, however, to be any founda-
tion for this assertion, on the contrary it was proved
to be perfeftly fair and legal.
Verdift for the plaintiff, damages,+zol.

WHITE KJ. DARING, BARONET, AND OTHERS.
THIs was- an Aetion against the House of Sir
Francis Baring, Baronet, who were the nominal
Defendants, as Agents of the Assignees of Messrs.
Mallard and Company, owners of a Ship called the
Courtland, employed on a voyage from Surinam to
London, &c. of which the Plaintiff was the Cap-
tain, and who, as such, had bought several articles
which were taken on board this'Ship, and over
which the Plaintiff had a lien on account 'of his
primage, Scc. It) per cent. and also, on account of
his being jointly liable with the owners, to the
Tradesmen who had furnished the Ship with goods.
In this state; he, the Plaintiff; gave the Def,:ndants
notice, not to pay over certain demadds to the
Assignees of the' Bankrupt, informing them that he
had this lien, and was thus responsible to the
amount of about 14.061. notwithstanding _which the
Defendanti paid over these sums whiCh the Plain.
tiffeclaimed to have ltis charge upon, and therefore
be brought this Aftion.
The fads being ascertained,
Mr. Ginas took an objection in point of Law,
that this Adion was not, Maintainable, in this case,
on the part of the Captain; &c.
Lord KENYON was of opinion that the Captain
bad a right to recover in this Milo!), not only to
the amount of. any goods he may' have paid for on
account of fitting out, this vessel in this case, but
also up to the extent of his liability to pay anv
debts that had been contraftekon that account ; but
' as Mr. GIBBS said, he intended to argue this ques.
tion before -the Court, his Lordship saved him the
point.--Verdia for the Plaintiff; Damages
111 51., 7S. I Id. being the amount, of the Plaintiff's
liability, including an allowance of toil. 16s. ad.
for primage.
Another Cause stood 'in the paper upon precisely
the same point. A Verdi& was found for the
Plaintiff, Damages 5.081. t6s. ad. ; subjea to the
same point of Law.