The Sun.
London, England, 1801-12-11 00:00:00

ROY AL ACADEMY.

THE Pit istot tit of this Institution last night gave
his Biennial Letture,' on ',delivering the Gold and
Silver Medals to those StudentS,who have produced
the best Painting, Architedural Design, Architec-
tural Dravifing, and Academy Figure Model. The
subjed of 'the Painting was CLYTEMNESTRA exult-
ing in the death of AGAMEMNON. This subjed is
treated, in the Picture, with great spirit in the design
and beauty in the colouring, by young RIGAUD,
who certainly deserved the honourable tribute
awarded by the Academy.
THE PR Esi DENT, in his Lure, took a cur-
sory v;ew o the Arts, from their -origin in Great,
and progress through Italy, till they obtained an
establishment in this Country. He did not confine
himself to PA! NT I NG, but animadverted also on
Sbu LPT U R and hence bestowed high eulogiums on
PH IDEAS, particularly noticing the celebrated work
of that Artist on itiorte Cavalle, the subjed of
which is a young man breaking a horse. AP E.L LES
also ,was mentioned with high praise, as one of the
great masters of the true Sublime in the art, though
unhappily none
.of his works have descended with
his fame. LEONARDO da VINCI, TITI AN, MI-
CHAEL ANGELO, RAPHAEL, and CORREG 10, re-
ceived a distind panegyric, and their appropriate
merits were severally noticed.
It was the main objeaof the President to inculcate
an attention to mind, expression, energy and truth of
charader, as the great qualities of the Art, and ),
eonvidion that those great dualities could only be
attainoolly theunion of PHI LOSCH'IIY withSciENC 5,
not a mere representative of -external form, but an
animated, yet correct, appeal to the imagination.
Passing from this topic, which however he en-
forced by the example of those Masters. whose farne,
will be coeval with the Arts .in all ages, he ilhistrat-
ed. the ;Advantage and- necessity of PATRONAGE.
t This poineinatUrally'led him to a tribute of grad-
time to Hts ,PRESENT MAJ ESTY,.WhtIy by his gra-
cious countenance of the' Arts in this Country, had
produced the establishment of the ROYAL AGADE
After this fervent and respedful hornage,_the
President took occasion fo speak in the. most en-
couraging terms of the. progress of the
,BiterisH
ARTS.' The excellence attained by the. Greeks
was the result of many ages, but PAINTING could
be only said to have obtained an establishment
in this oountry for a period 'of 'half a century, yet
it !can boast of Professors of 'distinguished 'merit,
and may look with proud defiance- on the Artists
of those Countries . which, were .oce the. fh-
i-ourite abodes of Genius. But much as the Arts
were indebted, for their present flourishing. state
in this Country, ;to the illustrious Patron to whom
he.had offered the tribute of respectful gratitude,.
he observed, that no individual, however exalted,
give sufficient, animation to. 'the powers of
G 641118, unless the Great and the Affluent, instead
of lavishing their possessions, on the: remains,of for.
mer art, gaie a liberal encouragement to contem-
porary- talents. Without such encouragernent; he
observed, in, conclusion, GeNius must. languish,
and become as sterile, as would NATURE herself if
deprived of. the. Ocean,
.. whose diffusive streams
i•G 116 :va, 4.1411 Lay vrlsiOtt vihe
was enriched, dignified"). and.. thorned.

• The Ship Aurora, Captain GILMORE, from Ben-
gal, is laden with privilege
_goods ; and the Ship B
Union, Captain VALENCE URCH; from Bencoo_
len; h.as on board a cargo of pepper. The Aurora
loft- Bengal in June last, and the Union sailed from
Fort Marlborough on the Ist of July.--1 hey are
both itiiiyPd in the Downs. • • .
By the Overland Dispatch received last -week
from Bombay,:we'are informed_ that the snow Ex-
"edition, Captain FIENDERSON, arrived at that Pre-
.siclency-on the -i ISt "Of June, having left Mocha and
the Red Sea on the 3d. . This vessel brought to the
Government of Bombay Official Dispatches from
the British :Army in Egypt,. the contents of which
were punished in a Gazette Extraordinary.

The Company's outward bound Ships the Preston
and Hent.,v Dundas, Captains MuRRAy and CAtt-
RUTHERS, were obliged to put into St.. Augustine's
Bay on ,the 3d of August, for refreshment, at the
recommendation of the Surgeon, and Colonels GAR-
STIN and CtiAar.-ror:, in charge of the Troops on
board, who were sickly. They were, however,
to have sailed on the 9th.
A ship, with about three huddred passengers, .
fr6m Newry, in Ireland, bound for Baltimore, was
totally lost, in September on the Eastern-shore of
Virginia, and all on ,board perished. •

Monday night a flrig, laden with cheese and but-
ter, was driven on shore near Aberthaw, Glamot-
ganshire,- and went td pieces. Two lives were
lost :
.the Captain and four others were saved:—
Some trunks, and a few other articles, were con.
veyed, with two dead bodies, into a neighbouring
barn. Some villains, on Tuesday night, broke it
open, and took away all the property which the
fury of the storm had left to these unfortunate Sea-
men.

Sunday evening. the fliig Betsey, belonging to
Sunderland, was driven on shore near Christchurch.,
head, and. totally wrecked : the crew, consisting of
six persons, were all drowned, the Captain excepted,
and his life was preserved by the intrepidity of four
men, who went off to his assistance, though at the.
peril of their lives, and took him, after great diffi.
culty, from the wreck.

Friday last a fire broke out in 'a stable occupird by
the Soldiers of the isth Regiment of Light Dra-
goons, quartered at the Feathers Inn, Basingstoke,
which was entirely consumed. Three horses were
burnt to death, awl, another so much scorched,
that it was necessary to kill him. The flames
communicated to a timber-yard adjoining, and tim-
ber, deals, &c. therein, to a very considerable
amount, were destroyed.
At Union flan Police Office on Wednesday, a girl
was brought before the Magistrates, being charged as
disorderly in a sailor's habit. She has been several
voyages at sea, and performed the duty of a sailor.
She said she was born at Inverness, in the High-
lands of Scotland, On a promise of condueting her-
self wish prokric,ty, she was dismissed.

LAW REPORT.

SITTINGS EttOlitt MR. JUSTICE. LE SLAIC IN

GUILDHALL, LONDON', DEC. 10.

WHITE kr. TAYLCIR AND ANOTHER..

Tkirs was an a&ion of Trespass 'and False .lin-:
prisonment, and is of great importance,' particularly
to all Constabk's aird 'Hackney Coachmen, and thos
who hire .the one, 4i who are charged in custody
of the other, anti, generally; to the Public, on ac:
count-of the rules of law by. which the case was
decided.
Exsit. twa stated, that he was- of Counsel
for .the Plaintiff,, who was a Foreigner at who re-
sided in this' Metropolis, and carried on business as
a . Merchant; The Defendant ‘Simcoe, for there
were ttvo of them before the Court,..was- a Hackney
Coach Man; and drove. number 3+s. The
was taken up as a fare in this- coach, and ordered.
him to drive with speed. He had not gone on
many yards before he stopt, and said his reins-were
broken. Afterwards having 'adjusted' this; he be.
gam to drive on again, and went what might be
called A foots';pace; the Plaintiff dekired hint to go
faster, and the 'Coachman said he Could go on
further Until he had his nap. The PlaintiffShought
fit to avail himself of some of the provisions of
the law for regulating tile ' ciandu6 of Haekney
Coachmen, and ftir that
.purpose took- his number ;-
I.ipon which the Coachman thought' fit to atlottrn
his oap.fos the time, whifped ::is 11ASeS, 'and the
Gentleman laid hoia of the number, and it came Off'
in his hand, so that the Gentleman had nothing to
carry him home but number This Gentle-
man, being i Foreigner, did not readily know where
to go to seek redress ; he asked a Watchman farjhe
Watch-house, and thought of making. his complaint
there. 'He was shewn the Watch.house ; he went
there, and desired the Coachman to he sent for.
At this time the Defendant, Mr. Taylor,' was in his
box; sitting with the magnificence which belonged
to such a dignified charafter as that of a Constable
of the Night : this Gentleman made his complaint
to the Constable, who, at first, heard it with ap-
parent complacency. The-Coachman was'sent for
in order to attend this Court of Justice t'he
Watch-house, to put in his plea. When the Coach-
man came, he made his charge against Mr. White,
, that he had robbed him of his number ;-.uponiwhich
this Constable,., contrary to his duty in his station
of Constable, and which the law resented, for the
law, while it give -a .jurisdiaion to a man in any
station,. imputed to him a sufficient share of com-
mon sense to perform' his.duty in it, otherwise the
law would .be inconsistent with itself in making
him responsible for an abusive exercise of his au-
thority.oier his fellow-subjea. He had heard the
.Coachmarea story, as well as that of. the Gentle-
man ;..and instead of giving the Gentleman the ad-
vice he ought to have done, that was, to tell where
he- ought to go to 'make his charge again* the
Coachman, he heard the 'Coachman himself, who
came in consequence of being sent for—he heard
the charge of the Coatinan.against the Gentleman
for robbing him of his number ; ,the consequence
of which was, that this Gentleman was taken to.
Giltspur-Street Compter; where he remained for
.twelve hones: He was afterwards taken before the
sitting Alderman, a wortfiy,Nlagistrate;..who had
been bred up to, and for l praaised the professing.
of the Law.; Aiderrna, Si
Aiti gum on .hearing This. case, reprobated .the
eondua 'of this Coachman and Constable, for that
they must know that it was impossible for a Gen-
tleman to have any intention, of. committing a felony
by taking' away the, slumber of a hackney-coach,
and therefore discharged this ,Gentleraan. . .
There were here two Defendants upon this re-
cord : .Siincoe, the Hackney,Coachtnan, and Tay-
lor,- the Constable of the Night ; and, he under-
stood they- appeared to-day by different Counsel ;
his Learned .Friend Mr. PARK e number 345,
arid Mr. GI DBS was to take care-of the Constable;
but the Learned judge,would tell the jury, in point
of-law, that if a Magistrate had issued a warrant
for apprehending' this Gentleman;. the Constable
mist have . in charge, whatever that
charge ivas, whether true or falser-hut, if any man
directed another toapprehend a third person, with-
.oat a warrant, the person. so applehending was liable
to an attion, unless he could make out a jnstifica-
don.

• Mr, Justice LE &Arm said, -that all ,the parties
n this case -had found their way into the wrong

Cotir
Charles Crawley, a watchman, said, that on the
th of March last, between I i and z o'clock at
night, as he was going by the Old Change, near&.
Paul's, he saw a Gentleman stop in a hackney-coach
and get out of it. That was Mr. White, the Plain-
tiff in this Anion. He went to the watch.house,
he thught the Gentleman wanted to.take the num-
bet in figures. He desired the, Coachman to drive
him on. The Coachman answered, but the Witness
did not understand what he said. That was before.
.the Gentleman took the number of the Coach.
After the Gentleman got out, and was complaining
of the Coachman, the Witness told him he had better
walk home, and not he troubled with the Coachman,
" No," said he, "I will punish the Coachman,"
and then he asked the Witness to shew him the
Watch-house, which was between Newgate-street
and Paternoster-row, in Dolly's-passage. At the
Watch-house there was the Patrole, and Mr. Tay..
lor, the Constable, was in the text room. Mr.
White, the Plaintiff, got to Mr. Taylor; Mr.
White stated to him what his complaint was, but
the Witness could not, recoiled what he said, for
the Witness did not think. it would come to this.
Heave the numbet to the Constable at that time.
The Coachman whs then sent for. The Patrole
said it was 51. penalty to take away the number of
a Hackney-coach, and so they went for the Coach-
man, and the Coachman came, and his number was
• in the Watch-house,• and then the Witness went
upon his beat. • The Coachman said something, but
he could not tell what ; he did not recollect what.
He left Mr. White at the Watch-house,
Edward Bell produced the Watch-house Book.—
He said he knew the Defendant, Robert Taylor ;
and he pointed out the Charge. cif the Coachman
against Mr. White, entered In the Book at the
- Watch-house that night ; he was not present when
the charge was entered in. the hogiz..,
_hut he said be

. a
believed ;t teas the hatta_writing of the Udell&
Taylor,- He heard the Ccaehman, give a charge ,
against the Gentleman for robbing him of lkis num.
bet, and the Constable received it. The charge
wa-s read.7-i-" i rth of Match, IBbl, Robert Sitncoe,
of Sand-yard, Turnmill_street, gives charge' of Mr,
P. G. White, number, 6, .Feathergtone,bilildingsi

and robbing Whim of his number.----is
well at 5 o'clock, -Robert Taylor." • .._. • •
On cross-examination by Mr. GIBBS, 'the Wit-
ness saki; Simcoe insisted that White had robbed
him of his number.; he supported-that charge against
Mr. White ; the Coachman. insisted that he bad not
been, to blame, but that. Mr. White -had robbed him
of his number.' He insisted on Mr. White being
taken.into custody. Taylor.was Che Constable there, -
arid•Simcoe•insisted on To), lor's• taking. Mr. White
into custody, and
•Soid that he could intrlee good his
4eharge. It was in consequence of the Coachman
insisting on Taylor's taking him into custody, that
Taylor did so.. Taylor said to Mr. White
that he would take his bail, and Nit. White wrote
a note to go to: Featherstone-buildings, and then he
tore -it to pieces and would not send it off. Mr.
White said he. lived in-Featherstone-buildings. It
was in consequence. of Simcoe's insisting thit Mr.
White had stolen his:number, and that he .wauld
support the charge the nett 'day, that Taylor took
Mr. White into,custody..
Mr. Newman, the Keeper
,of 41e Qiitspur-streer
Compter, protted, that en the .it.th Oi,Vzrcit last
Mr. 'A bite was brought to the Cumpter by Robert
Tay lot, a Constlble. He was. brought there in
.the natneof Peter.©. White, on suspicion of felony,
and he was discharged afterwards by Alderman Sir
W. Hearne. - ,
Mr. Justice Lf BtANc said) that bpon this evi. •
dence the Constable was entitled to 2 Verdib.,
Mr. EasktNit said, he was ready•tc; admit that
where a Constable, or any other person who had
authority of Law, as a Constable, had by Statute
as well as. by' the general Law of the Land, had a
person charged, and such. person abed bona fide in.
• receiving it, and abed according to the best of his
judgment, he was not responsible to the Party for
False Imprisonment,.however unfounded the charge
might afterwards turn out to be. Bur, he submit.
ted to His Lordship, it was matter for him to
put to the Jury, 'Whether, under the circumstances
'Of ibis case-oho' thought tht:--,nstabie in the si
tion "of atiing longfide. He'ahnended that he had
abed iphila fide.
. .
Justice 14 B.LANC said, that if then!. was
• any collusion bet Ween Simcoe and Taylor, to charge
this Gentleman falsely, Taylor would be
.answer-:
althOugh it appeared that Shncoe ,m..de his
charge, but then there must be eyi4ence of that.
Mr. GI a as4aid, he 'conceived the Law to be
What Lord IVl.o's? t Eel) had stated it to be many
years, ago Upon a Case. similar ,to this, which was; •
" That if any
,one charges another with a felony, •
and requires an Officerto take him in charge before
a- Magistrate, it is essential to Justice that he-should
do,so, and it. would be extremely dangerous if such -
an Officer was to exercise hisjudgment whether the
charge Was proper or not." lie who made the
charge alone was answerable for the consequence. • .•
-
• Mr. ERSKINg contended thae.,tlie Constable had, .

. _
Jaded improperly in this Case, and there- was matter
to go to the jury on -evil-netridud-oftise Defend.;
ant., Taylor. , . .
• Mr. CS).as St.l7.3Witt2.A4.t here • tv,.. nt,,r. , _
....
—llart.:l;,stice It; Bi.A•nc.:-..... I think there ir-, no
nvidence. in this case to go ro the Jury against Tay--•
len-;,* He. is a sConStable. -* The Watchman came to
charge Mr. White with taking his Number.' What
he swat- to Taylor, there': is no evidence of, upon
which somebody said it is a penalty of sl: to cake
,the number. That somebody sent fOr the man, for
it docS not appear who. The man came, and charged
Mr: White. *What could this Constable do but •
iakehint into custody'?* He could.not try-the case.: .
I .do not ;mean to say, thatle had not any right to
exercisehisitidgment, in 'any respell whatever, in
any ,case that might come before him, but he had no
discretion to exercise it in this case." .
-
Mr. gRSKINE.—" I- am. afraid, that no law,
divine or Ituctian,' has given those Constables any
discretion." • • . .
' . Mr. -JuStice Lt BLANC.—" I am of opinion
there is r no evidence to go to thejary upon the cas4
as it resprds Taylor, • and that, therefore, he is en-
titled to a Vprdia.'' -' . 4
Mr.. PAK then addressed the *June on behalf of
the Defendant Simcoe, and said, that he was a very
poor man, with a Wife and five children ; that a
Verdict for one shilling against him, 'would carry
coats,
.and would be enough to ruin him. That he
' had the misfortune to take up this testy and ill-na-
tured Plaintiff, who chose to fancy himself wiser
than the Law of this Country, he being a Foreigner,
and, probably, had brought with him some arbi-
trary notions from: his native Country ;• this led him.
to take the number of the CoaChmati away Crony, Ms
coach ; he insisted that the Coachman should go' to.
the Watch.honse ; for the Coachman did not mean
to go there; he shonld have been glad• to.have got
rid of him. If this 6-entieman -had gone to his
lodgings in Featherstone Buildings, • he never would
have been charged at all ; but this Gentleman, as
he said,. had determined to. punish the Coachman,
and brought him into the Wateb-lionse,• whene he.
Made the charge. Even after the charge was made,
the .Constable offered to take Mr. White's.bail.; he.
wrote a nate to send for bail 1. he tore it. aftetwards
insteadof Sending ir, . • Did he nor, therefore; bring
the whole of this -upon himself? , Under such.' cir-.
cumstances, he was, confident, if. the Law cow-
'pelted the-Jury, (and that they would hear from the.
Bench) to find as Verditt for the Plaintiff,. they.
would lament it in this ease,- and they would give
only nominal damages. That would fasten: to the
back of this unfortunate man, forty pounds Costs at
*least. .
Mr. Justice Int nII,ANC.—" G,eritlClTlell of the
Jury, I am afraid that, in point of law, the De-
fendant Sinicne, by being present himself, and by
making a charge, and persisting in it, against this
elan, and being unable to s'.ipport it, is guilty of a
Trespass ; and, -of course, is liable to the present
adion. One 'Cannot but lament that this action has
. been brought ; because the Parties seem, on. bpth
sides, to have aded intemperately, and very irn-
properl)% The only account that we can rely on,
16- that which is given by the Witnesses. Here the