The Sun.
London, England, 1801-12-19 00:00:00

VAUGHAN for ;he. Del:l:dant ; it being 'confended
by the haul., that" the Defendant was justified in
exercising the right of semch, to discover whether
the Plaintiff's Vessel was vroper rrize or nor, and
that the Plaintiff-had na right of .Atlion ;•. and by
tt?!.4.4lforrner,that the Plaintiff had a right of Attior)
C4lny , personal .injury inPi&tal of; 'him by the
Defetaianr.

;;lance:

Lord ,ALvANIAry- quoted a Case which was de.
tertnined after a solemn. hearing in .the t.:ourt of
King's Bet%clt, -Wthere the Vessel- taken was deemed
no prize,.and it Was yet determined that the Parties
ti:kin9,tiosse.ssiqn of- the VessiTwere.' not liable to
any fkc'tion. '• It had' then been thrown out,'. lie
observtd, by Mr. Justice Wtt.t ES, that if 'any'
•
malicious .personal -injury was offered tO'any Party
in ille'eourse of exercising the'right of search or 4
capture, an Action might perhaps lie. He wished;
therefore, this Adion to proceed, that it might be
seen, whether any malicious excess of injury was
comthitted by :he Defendant over and above 'the
necessary means of exercising . the right.he was in.:
titled to:
Part of the depositions of two MaritierS, one be-
longing to the Rebecca, and the other to the Nim-
ble, which had been fOrtnerlY taken before Lord
ELDON, were read, A hich prOved several threats to
have been, used by the Defendant toWard; the
Plaintiff, .'but no personal vielence.

The Letter c7if M:ircik 'being. produced on the
part glebe De:endant, ..,
. .
Mr. Serj,.....nt."Sii.zi.t-iv.an was _pr,q.c..-eeding- on be-
half of the Defendant; when the jury declared them-
selves satisfied tha.t .Do malicious Te-rsonal violence
had been used .I.>y. the Defendant towards the Pain_
tiff. i '.- -2 . .:
' ' •

A right of Reply, hOwever,„ being claimed by
Mr. Serjeant Cocic.gt,L; it was agrtedto.proceed.
The Letter of Marque Was•rroved to be on board
the Defemlant's Vessel, when it left -England..

Mr. Serjcant Cotx.ELL contencted• in reily, that
the Defendant had used .ilryunnecessary and malicious
excess of violence against the Plaintiff; for which he
was a'nswerabie in damages in a Court 'of COmmon
Ltky, and that the Plaintiff's Vessel not. being
actually captured, there was no remedy in the Court
of Admiralty.

Lord ALvA'l4t.z.r„repeated his former observa-
tions, and csimmented upon- the evil. canseque.uces
which would ensue, if every person on board a Ves..
sel made prize of, or searched, was to have a right,
of attion.zgainst the Captain of the King's Ship, or.
Privateer, by Whorn the right of capture or search
was exercised. It was a question, however, for.
the Jury to consider, whether, in this case, there
Ives any maliciimis eicess of personal violence, on
the part of :he Defendant towards the Plaintiff. ;His
Lordship was proceeding
,to sum up the evidence,
when tile jury declared themselves perfealy
fled, and observed, his Lordship need not trouble
himself further upon :the subject.
The Jury then icturued a Verdia for the, -De-
fendant, expre:.sly'fincling, that the Defendant had
not malicionsly'used any personal violence. towards
the. Piaintiff.

CURI,STIAN V. ISAACS.

The Plaintiff, a Proctor in Dodoes Commons,
was employed by the Defendant,. an Attorney of
this Court, to take out Letters of Administration
to the estate of Mrs. Judith Barlow, deceased.—
The AdministNitic;n, and the Bill, -amotinting. to
61. is. 4.(L was delivered tO Isaacs, and never yet
paid. The Clerk' of the. Plaintiff swore that he had
ftequently. Called on Mr. Isaacs for the payment,
who had always requested further indulgence, and
that he had never mentioned that "the personal re-
presentative of Mri. Barlow should pay, Untifafter
the present adion was brought. ,e
rjeant VAUGHAN.for.the Defend4nt, contended
that his Clien't ought not to pay on this aetion.
He paj=tieubitly cited the• Statute of F rands ;. where.
it is enaled, That no person shall from hence -
forth be charged with any debt, default, or miscar-
riage of another, unless by 'a written undertaking
under his hand." ;He preSsed this point
.on the
Court;-and very strongly. Lord Pit,wLEY sum-
med- up shortly, and the Jury in an. instant found
a Verdiafor the Plaintiff. , •
At-four o'clock the Court .broke up.

STRONG AND SANDI,f,ANDS friRSTER.

THE Plaintiffs are Liquor Merchants in Nobler
street, Foster-lane, and having an Order to -send
down some'liquor to a Publican, at Kemp*, in
Hertfordshire, put up' two casks, one of brandy,
containing, ten gallons -and' three. quarts, and one of
rum, of ten gallonS -and two quarts,- which they
sent by their serVant to the yard-of the Defendants,
Messrs. forsters, at the Red Lion, Aldersgate-
street, addressed to Mr. Ralph Seddons, at Kemp_
ton, in Hertfordshire, by Crewe's cart. The• D-
efendant, William Forster., .entered ;the receipt of
the two tasks in the book carried by the Plaintiffs'
pOrter. The cask of rum came, to hand, but.that
with the brandy was lost ; and by some strange
negleet or other the permits for' hhth casks were on
the one that was lost,: so that iden the rum ar-
rived at Kempton, Mr. Seddons could not take it into
stock without. a permit. On the PlaintiffS being.
advised of the loss of the cask of brandy,.
_they
sent their-servant to 'Messrs. Forsters 'to apply for
payment for it. Mr. William Forster said, " If
you will take the ruin that is in the country, we
don't mind paying you for the brandy, as it is of
no great consequence." The Plaintiffs refused this;
and brought their klion for 91. Ss. 9d. for the
brandy. • , •

This case was proved on the part of the Plain.
tiffs, and nt.4 rebutted by Delendaras; except by
the arguments of Serjeant Si SPli.EltD, who argued
that the Defendant' servant having pointed. out
to. Crewe, . the Carrier, the two casks, kl 3 being far
him, it was a good delivery to him, so as to _ex-
onerate them front all responsibility. Mr. Crewe,
was examinefi, "and on an objedion being taken
to this testimony, a .release was put in, when he
declared that,he did not consider himself as being
in the charge of the goods until they were put into

his cart, sichich‘was liot 'the cash in the present

< ,
1,97 d t'VANLEY . slammed Up the eodence to
the. Jury ; and observed, that the, qucsfion-in 'this
case appeared to him to turn on two points. rst,
Whether this was such a delivery to the Defeo-
dints- as to render them responsible ? and, 2d, Whe-
ther the Defendants having so received the casks,
did, by the. ait of their servant, in pointing out to
Crew the Carrier, that the goods 'were for him,
and his condua in rolling the casks up to the scale
and. weighing them, was such as would amount
to a delivery to him ? The jury, after a few
minutes' consideration; found a Verdict for the De-
fz.ndants. -. •

EGYPTTAN GOVERNMFNT.—An entertaining
Writer, who has lately published an account of his
travels and residence ih Egypt (Mr. ANTEs), gives
the foll Owing account of the bless;egs of the Go-
vei nment of Beys. He fell into the 'hands of Os-,
MAN BEY, in the neighbourhood of Cairo, while
he was amusing himself with his fowling-niece, and'"
actually underwent the bastinado on' resisting the
extortions of this Despot aed•his Guards. Of this
event he gives the following account :—" In about
half an hour the Bey arrived with all hiS men, and
lightetrilarnbeausbeforeliim ; he alighted, went up
stairs into a room, sat down in a. corner, and all his
people placed themselves in a circle •rJund him.
ThiS dOne, I was sent for,: my chaiim was taken off,'
and Ded up by two fellOws. Op the way up, I
heard the instrument used for the basting to rattle,
and knew from that. what I: had to expect., Upon
entering) I found a small neat Persian carpet spread
for me, which Was,, in iaa, a piece ofciyility; for
tie common people, when about to receive the base
tinado, are thrown on the ground. The. Bey again
asked me, who I .was ? Heron. An Englislunan.
What is your business ? Atov, I liveby
Godsends .(an usual .Arabian phrase). He, then said,
throw him doWn when I asked what -I had done.
HOW, you dog,. answered he, dare you 'ask what
you haVe done.? Throw him down. The Servant
ethen threw me upon my belly, the usual position
upon such occasions, that when the legs are raised
up, the soles of the feet may be horizontal. They
then brought a,strong staff about six feet long, with
a piece of an iron chain fixed to it with both ends :
this chain they ehiew round both feet above. the
ancles, and then twist them together, and,t,vo fel-
H-lows,on,each side; provided with what they call a
corbage, hold up the soles. of the feet by ineanS of
.the stick,. and so wait for their Master's , orders.
• When They had *placed, the in this position, an,Offi-
e'er -Came and whispered into my ear,, do not suffer
yourself to be beaten, give him .a . thousand dollars
and he will let, you' go. I refleaed, that should I
now offerany thing,. heevould probably send one of.
his men with ifie to receive it ; that then I should'
-be obliged to open my.steOng chest, in which I kept
not only my own, bur'a grqat deal of. money be-
longing to others, which Iliad in trust, having re-
ceived it in payment for goods sold for other Mer- .
Chants. ''The whole of this would in all probabi_.
lity have keen taken away at. the same time ;. and
as I could not think of involving others in my mis-
fortunes, I said, mafish ! that is, no money upon
which be immediately ordered them to begin, which
they did, at first,: however, moderately. • tut lat
once gate myself up for lost, 'well knowing that
My life only depended upon the caprice .of a brute in
human shape; and having heard and seen so, many
examples of unrelenting cruelty, I could not exped
to fare better than others. had dOne before one.
had, therefore, nothing left but to cast myself upon
the
.mercy of God, commending my soul to him;
and indeed 1 must in gratitude confess; that Lex-
perienced his support • most powerfully ; so that all
fear of death was taleen from me, and if Icould
have bought my life for one halfpenny, I sho,u4l, I
believe, have hesitated to accept the offer. After
they had continued beating me we some time, the
Officer thinking, probably, I. might by this time
have becOme more tradable, again whispered 'into
my -ear the word moneee; 'hut now the sum was .
bled. I peesentlYanswered, 7hafish ! They then
laid on me more roughly, and every stroke felt like
the application of red-hot poker. At last the
. same Officer, thinking,,that though 1 had no motiey,
I might have some fine goods, whispered again •
something to that effect. As I knew that elegant
English.fire-arins will often take their fancy, even .
more than money,. and happened to have a near
blunderbuss, richly mounted. in silver, value about
zole, I offered him that, as I could have• got at it
without opening' my strong chest. When the Bey
observed me talking with the Officer, he asked him
what.l had said ; the Officer lifting up his finger,.
answered with a sneer,- Bir Corabina! that ise one
blunderbUss. Upon„which
.the Bey said, Ettrup it
kelp-I that is, beat the dog. Now they began to
lay on with all their might. ,At nest the
,pain was.
excruciating, but after some. time my feeling grew
numb, and it was like beating a bag of wool.: when e
at last 'he.Saw
.that.nn money was offered,. he began.
to think that I might be pour; and as I had,' howe•
ever, done nothing to deserve punishment, he at
last said, Saibul that is, -let him go: • Upauwhich
ethey loosened my feet ; I was obliged to walk down
again into my prison; and the chain was again put *
abont my-neck." •
A MEDICAL ASECDOTP.—An Apothecary, one
of Ihe e'reenes, meeting DreFoTHERdILL in the
street, accosted .him, in the following manner : "
Friend FOTHERCII.I., I intend dining with thee
to-day."—e" I shall be glad to see .thee,"replied the.
to-odor. "..1 intend bringing my family with me,"
s'ayS the Apothecary. " So much the better," nuoth
the Dod.or ; " but -pray Friend,' Vast- not 'thou
some joke."—" No jokeindeed,',' replies the Apo-
thecary, " but a very 'serious. matter : thou hast
attended friend', Ephraim :these three days,' and or-
dered hint .no medicine. I. cannot Elie at this rate
in my own house, and .1 must therefore live in
thine." The Dnor took the hint; and ptescribed,
'handsomely for the benefit of his friend Ephraim;
and.bis friend Leech, the Apothecary.'

The Caroline, Meyer, from Lisbon,. was 105 t on
the Isle de Bas o; the ;th November, only one
man saved.. - •

LONDON: Printed by BUCHANAN Nl' NI I LLAN, (of Bow-Streq, Covent-Garden 1;
At the SUN-OFFICE,: No. 112) S4rartd ; -Where ildwertiremi.nts, 'Order,i