The Sun.
London, England, 1801-04-06 00:00:00

ASSIZES.

CortllnisSiMl teas opened at Gloucester on
V-,-'ednesl/41 e'nnight. There were no. less than", 27
viis in the CACiidar, and the multipitcity of
P • ,;oiNe.
business was likely to occupy the 'attention of the
Court 'for several days. Among the prisors-:,rs tried,
e..as Mr. CoOk, Clecthier, of Wottoci-under-Edge,
who w” 'arraigned -for the murder of his wife,
when 'thq witnesses -for the prosecution clearly
broved, that her deatfcmust, have been. occasioned
y accident ; and .Mr. Cook, was acquitted, very,
much to the satisfaftion of the Court.

. On Monday se'imight'the'CamMission of Assize
was "oi,ened at Monmouth"; and' on Tuesday tfie
Court proceeded to business, when- the following
prisoners were tried, viz. Morgan Jones, 'for. steak
ing two sheep, the .property .off:dward.Freri.., Esq.-
of Llanfaincfraed ; Harry, for stealing two
theep,belong-ing to'Mr. Jan Perkins, of Trelleek
and.Charlcs.Stibbs, for a burglary in the house of
-Savce, of Monmouth, were capitaPy crdVieted,
and received sentence of death ; but the two fOrmer'
were repriereci. William Smith, flir stealing a sil-
ver watch .;.,Mary Thomas, forsteling wearing
ap-
parel, - at Trostrcy; and Ann Lewis,.,k robbing
Mrs. Coman, of Monmouth (wirh whom she lived
servant), Oflinen andother articlesy were sentenced
transportation for seven . years.. John ,Jerkins,
nlias,fones, for stealing wheat ; Catherine Jones, for
;.,ea'ing cheese ; ond Jane ..Thornas, and Rachel
Evans, for stealing ;\vearing apparel, were ordered
to be tined and imprisoned. acquitted,
and .five-discharged by pwelamation;

. On Wedneklay' morning, at an early .:hour, •th:
Court was crowded, to hean•the trial of the R.
Tha4las; ivho stood charged on the C,
ntr's Inquest, with the wilful 'murder of V'
Vaughan, his servant boy. Mr. Abbot, as C.: -
gel for the prosecution; opened the business, in a
spereh of great ingenuity ; in the course of which
he made SChtle oLservations en the relative duty-" :of
a master to a scrvant, which he edmpared'to that
of a parent to his child ; for thoTlgh he held in his
,hand the power ofeotretticn, he 'should take
cdre to blend chastisem,:nt with mercy at::d reason.
After the Learned Connsel had fini:;he,l a.ver;i . elo-
quent address, 'Mr. Parnell, Surgeon; of Cheptow,.
who had opened the body of the_deceased,anetWil-
liam Po ell, Esq. Surgeon, of • Monniouth, and
Coronet for the' County;
.were severally •examined:
A 5 the Court was prciceeding4vith the eiidenoe of
the Fitter Gentleman; 'Mr.' .Justice ..RoOke,- who
Fre.iided at the Croi.vn Bar, rose,
.and' observed to
the,Jury, that as two Geotlernm, of high lirofes_
sional reputation, difirered essentially in 'their opi_
iiion with respell-0i the`calfse of the boy's death, it
was impossible foi him -or: them, who were- ignorant
of the subjefi,..to decide on the question which-en-
gaged 'their attention, and he therefore direEtcd
theni to find the prisoner Not Guilty ; which
wasi-immediately returned, and Mr. Thomas
was discharged from the Bar.

• The Court next proceeded to the trial of Charles
indieted for a burglary in the house of Mr.
Sayce, and stealing several articles of plate. The
prisoner was acquitted of the burglary, but fuun,l
guilty of the robbery, for which he received scn-
tence of death.. It appealed .in evidence, dint 112.
Came from Upton to M6nmonth on the Saturday
iiiglit preceding the robbt.qy, and stopped till Mon..
city riy.irliing, when he went, off, and took the pro-
erty with him, which he attempted to sell or
at Upton. In consequence of an advertise-
ment of the robbery, howeyer, Mr. Sayco.had infor-
Mation of his 'retreat, when he immediately. set
,off,
iith proper assistance, and found the prisoner, with
tart of.the property in his possession. His L 0441.
ihip, 'in pronouncing sentence of death, addressed
the prisoner in a most' impressive. pecch, which al_
felled a crowded Court iti*a very visible manner.—
concluded; by forcibly exhorting him to prei)are
for that fate which must inevitably await him in
the course of a fekv days.

A.pplication was made to the Judge, by Thomas
Esq. High Shecift, to initigate tbr pu-
nishment to traribportation for life, which Was,.
tOwei,er,• refused. Stibl;s had becn enpl9ye'd in
the iervice.of Mr. Hart, of the king's-hard, and of
11/Ir. Watkins, of the W.aufort-arm"s,
4-it afterwards:married, and kept a publie-11,)ue
the town, where he inAntained a reSre6jatle char,
tc-r: He is in the priino o life, and lias a wife
two Wail

Ann Lewis, sentenced to transportation for. roll-
bing her mistress, is only zo year:, of ; and
'friends are people of credit in the neig-I,l)ourbuod.
William Smith, who wa's found gniiry ofstealing
svatch„was-a private in the 7th Regimen;
of Dragoon Guardsi- quartered in Nloolcouth, and i-,
a young, man of resp.ctable family and cone Lions,
had bestowed upon him a very liberalsduca-
tion, and brought him up with the greatest tender_

,
CURIOUS l'ENT:an.---The lands of klrianston, a
village near 131andterci, inDorsershire, were held bj,
a tenure which obliged the proprietor,when the King
marched to war against either Scotland or Wales*, to
furnish a man to walk beforehim, wi,thout any other
cloaths than his shirt and drawers; holding in one
'band ,Luithvit a string, afld, in the other, .411
arrc-a; quithot a flabcr.

last week, at Kinston, a woman, notorious for
ter k•ociferatlon, was tndiete.ci for. a common scold ;
itlltl th fa is being fialyproi;ed, she was sentenced
to reeei#e- the old-puniihment of tieing ducked,
whieh was• 'accordingly executed upon -}lt:r in th,..
l'haniei.hy.the Pt'c'iper officers, in a chair preserved
in,t he town fin- that purpose; anck-ass.- if: to prove
'the Justice of the-Court's ken rcncc,', on , her ...return
front the wares side, she fell -upon one of her ac_
citiamtanee, without provocatiod, with tongue,
'toeth and:lunil, and would, .had, not the officers
errosed, have deserved a second- punishment, even
Lefbre she tvas dry from the first:•

:"'"

_ ZAeI4E,-'olll'.

• CTILnI:ALL,.LONDOK, trot. 17.
nrsqxL,Lcut...l xErYoN 4fiD A SfEc:AL
Of my.xcHAvrs.

V I Gel. yAttoHAN.
Gli.i's'opened-the Pleadirts, fr3:ll which it
appeared thit this I.l'aS' air ekaion on a Policy of
Insurauce, date,. July loth, 1799, on Goods on
board the'Slii-p-Ciotiia; at and tiod Liverpool to
Baltimore. -•
•

Mr. FRS:Orli:0010 opened this case with great
perspicuity, 5a..4,4-7he did not, knot that. he could do
better than ste.tlie admissions 'that had been very
honourably grade' on both ,sides in this Case. ..It
Was. a-question respeding an. average to be settled
on a loss on a cargo not Within the general .memo-
randum; but subject t a particular average. • They
admitted the invoice. price •of seventeen baks
goods which :were: insured, together with the
charges of shipment and premium, .amounted-io
toaol. ;' that. the Ship sailed from Liverpool on
tle 2.2A1 of July, 1799, and atrivcd at Bala_
more •in the September 'following.; that. two of
the seventeen balei were damaged, and that
-:the in-
voice price of these two, bales, free of all charges,-
was riq.t. 6s. 6d. The amount of the export.duty
upon .these two bales was. 171. I Ss. 6d. and the
,e`barges of freight, port charges, duties in America,
and charge4of sale, amounted to .the further. .511111
261. 125. 7d. whicloanas added'-together amounted:.
to t 581.. 16s. 7d. That sum of ;581. 16s. 7d. was
the invoice price of these two bales, with the charges
added. ="

The admissiong wear on ,to stale, that these two
hales-sold for t 331. 14... which, dedu!;:ted from the
ISSI-06s. 74. left the: sqrn of 181, is. 13. loss;
::11d. then it,was stated that the Dcfch3,.nr had ten-
(itred his
.proportion of that sam, whi(.ll
zi. t:ts. pr cent. ,

•As.there was no market at l3altimore, the'course
of the trade was for the Merchants to :send the
goods up into the Country, and deposit: therh in
storehouses, where they wt!re sold by retail at
twelve -months credit, at the expiration of which they
received the money irithe currency of the Country.
The average of zoo per cent. currency amounted to
661: els. 6d. sterlirz. The questia3 for the con-
sideration of the Jury on this statement was, Whe-
ther in a Policy of Insurance, which was a contractof indemnity,- .augh- without doubt .the Defendant
did oat insurer the market, whether, he was not
bound toput the Insured in thesame condition as if
histgoods ;had arrived in a sound. state at their ad.:
mate place-of destination ; and whether the mode of
calculation would not be to see what the Insured,
by Taleng into consideration that which the goads
would, be worth if they. 114k1 arrived undeteriorated,
and ithat which .lie: had receivedin.consequence ofea
loss ? He understood there were to be. two questioni
made. for the consideration of the Jury: . The first
wash whether an American 'average did. not by.cus-
tom :differ from all other averages'? and, that in this
case they could not have resort ,to those general
principles on which losses on Policies were estimat-
ed, havwere to consider this as-an-anomalous case,
because it took place in America ?• This he con.
I sed was above his comprehension, and alto.
gerher Mysterious. But be should not he qtr all
dismayed, if he should be• fOund to be in the
wrong on:this question, when
~be secollated the
trial of .a cause -which Was not yet finally
,Settled
jormsos: Sit D EN), and in which coo Qentle,.
men of great abilities, and from whom .they
.were
in the habit of receiving great assistance in that
.place, had widely .diffetql, in their mod& of calcu-
lation.: There were some conundruMs in the law,
which were, so tilttd. with the interests of mull: ,
and had now become too -inveterate to be: got ri
of ; but there waste no reason wky any of
should be found in a case like this..., A..Poli:y u:
Insurance was.a contraa ofiodenmilication ;
had no idea how .any.man,•• .with any .appearance of
josticei, could say.you are not to -be inclemnificd,
.as
the loss happened in America.. lf,the losS had hap_
,pened in any other:quarter.of,the globe—if it ,had
taken place in Europe, Asia, :or Afnica,. you arc to
be reimbursed to a farthing; .hut as it happened: in
Ameried, in such a latitude and such a longitude, you
are .not :Co recover .the sarne ground: That was a
mode :of reasoning above his comprehension:. He
might apply to this Case -.the 'celebrated diacw of a.
great man at a late trial at Westminster Hall, who
sa;d That " Justice does not depeudon climates or
degrees ;" ;main the elegant Notes of a Shor i-hand
vtiriter, "'Justice dOes next ,depend-on climates and
these." The next' thing would be, whether, in this
particulartase, rhty were not to look at'ttle indent_
njv ofthe insured ? The,counsel thought tliis case
went pretty much on all-fours w ith the case:that was
now standing for 'the Judgment in' the-'court of
(joimoN v. :SHED.DE'N)•
The 1..0 RD CHI EP Jo3l.Jc r..saia, he might mis-
take this case ; but it appeared to bin) to be one of
the clearest in the world. If it was not so, he had
no comprehension 'of it. • .
'I he leadhig Counsel, on the port of the Defend-
ant, said hip acceded to. the principles laid down by
his Learned Friend.. He admitted: that a- Policy of
,Insuranee was a Contra of Indemnity ;. and he
,wished to sutnnir to the 'consideration of the Jury,
whether that :contra& had nor been , performed by
paying to the person insured the lull amount of the
invoice price, with all charges? There,was nä market
on the spot. The rule adopted for the convenience
if every body in Ateric.a was-to.consider. an:ave.-
rage loss as. a total. less, with, benefit of itivage.—
Whnteyer, the proceeds' of the.deteriorated goods
amounted to, was deduced from the total loss.—
Couldi manin any case. receive more than for a
totathns ? in this case they-did:not. look to the
Market at all.. .116 had scut earl* most rospeaable
names in his,brief ; if it was thought necessary for
the elucidation -of the, quest would:call them.
That was the usual cootie -of -adjusting these losses
and the-Defendant had- been-alWays .ready to settle
. this kiss upon this principle.

-It did not appear very clearly how much 11, Phin-
tifF in thin 'cuse.claitited,-beyolid the sumlliac had
been -tendered by the Pektida,nr. •

Lord 157...c.t ON said, cif He thought the'pnint in this
case vas the same with that noW`hetbre the 'Court,
he would not totich.it, since two-Gelitlemen of un-
common moital endowments had tiiirered abtia it :
;And, 11,- said, it would be extremely indecent in
him to deliver any opinion there tin a point de-
pending before the-Court of , Which he was an un_
worthy member. He might misconceive. the
case totally,-bat as..he conceived. it, .it 4ppeared as
clearas two and. MO made four,. that
.the • Da-el:data
had'tendered enough. At, the same time, what he
had said was not ,with Any, view to influence the
better judgment of, the jury, ,who were much better
acquaimed.thirn‘he. With such commercial subjeds:
Tile; jurv.withdrew .for a short time, and return.
cd With Ta,Verditt for,ttie Detendpt.

• • - .
Sieigular, Case.—At Shrewsbury Assizes, T.
Num alias Hayward, was indikaed for Stealing-
,
• ~• .
twOsheep.. To. this Inthilment Nuns stood mute;
and did not plo,d. A Jury Was accordingly im-
nannelled,.: to inquire Whether he stoodmtkte by the.
act ;!nd proviclence of oo,i, or ob‘sri ately.and out of
malice.. Mr.tartwright, the-Keeper of the-Gaol,
douched, that 'the' Prisoner' into his -custody
.
in the Month of January last; that he then enjoyed
his perfc# faCulties, but,. concluded-- hiinSflf Very
insolcnijy ; that about. a fortnight ago the' Prisoner
sent to Mr. Evans, the: m Preeutor,
.and offered,
.
on condition -that shoul' shewn him;
to disclose his accomplices in this ,and Other rob-.
buries ; which tvas rcjctied' by 'Mr'. Evans. From
that fay the Prisour became' perfeAly silent,
with an appearance_ of tctal insenaility and
idiotism ; he .came regularly every day. at the
Ammil 'of the Sell to receive. allowance. •of
bread . with the, other felons,' but ‘..•ould.' nev=er
speak, orsive .any .other proof of rea;un. Upon
all -these_ circumstance's, :qr. _Cartwright verily
believed that his ,bejlav-i9ur proceeded from ob-
stinacy and malice -Mr. Thomas; -the Apothecary
who _attends. :the gaol, was th.in ex:Maine& He
was ,of opinion,
,il,iat the (Ire4d, of approachhig
punishment had derkyed he Prisoner of his,
senses, and reduced rum `to that, situation in v..hich..
he. then .appear c.I b.efore 'the Court. His Lordship •
here very himumely stopped any further evidence,
direaing. the Jury, af••er what the -Surgeon had
stated, to find the..Pri,•-?oner nutt... by the a of
God ; thzy. accordingly dia. tie waa
remanded to.the gaol -tiU .the net Assizes.

M..GERSQNIp S; a Swedish-physician; has re-
.
cently publi i
shed Some .curtousinformation con-
cerning Tunis, and the Plague.which has favaged
teat He obtained the situation of Physician
to the
.13e'y.,.' and forped,the system of Oar-
ntrey which. had been seen in fhat Country. •Herar..
tended- nearly 730 persons infected with the plague.
The remedies he used. with .the greatest effcift were,
the jlorei.iirnicas, and the extrafillm
the baicum.—
M. Getisotittis flattered. himself that he had dis-
covered .two , infallible symptoms of ihe_infettion,
and a knoWledge 'whether there was a.hone otcure.

As some men were lately digging- a pic..;e of
ground, which had bcen'a meadow, -in Newbury,
they discovered .a human 51;e1eton lying in an .eib,
lique direEtion, the skUll being about twelve- inclhei
from the surface.. At a small ditance from it thy
found. a dog collar of bra!,:,,- on -which was in;cribt:d
in legible charaders,,the.following!words :

I. ;In a-poore,hartnless..bitth.
. . .
I wander I know Rut weather '
•
My niiiiter lives in fl: ----.---1-:-:,
I pray dircet ine Tfiet her..
.tio st APt..+1,0599-

The spelling. is
.exatlly .g,ircti as on the collar:—
After, tk ~Is4er H.-- or P-7 (whidlAf.
t.-ert.?.in) ;there is on rasure apparcotly

ssga:,

_ Compare awl/ jadge.%-1 he verysuperior advan-
tages .1c hich the, pre,sent. fortunate
_state of the
\Vhccl exhibits; :nay be evidently kett.from tile H.-
low;ng •hort statement.:.—lt is computed tbat the
aggregate of the remaining Prizes amounts to near
.Two 1-109dred
.Thousand Pounds,
,y,hicli enormous
sum zmy person may play at, for Twenty .five
-Pounds 'fen a Ticker ; or, for' as.'sisngri. Ticket,
.:nay
obta ain a 30,0001.. ;:0,6t0p1. alstoloool tiro 20001.
a 10031. a 5001., beside the.,Cllo --4).f a number of
clgtil
other smaller Prizes, id I. Oc,NVIIISh
I.: ust be drawn in
lilt ..! more than.a }veel,, ail& wlitr,h, literally speak-
ink-, will be a week of joy f‘td-holidari to many.
When the Scheme
.of the
.presqnt State Lottery
was first made" out, ihe .TlArty 'Thousand Pound
Prize w;ts designedly kept back. litee in the Drawing.,
on the very probable 'stipposition, that there would
be few other-Prizes of any consequence left in ,the
Wheel. But such has been the fortunate" turn of
.events,--that a considerable number of great Prizes
still remain) as Satellites to this gre.t Star of for-
tune, the jehoool. ; • whether they will stay behind,
or conic out with their leader, is as yet unknow:t ;
but this much is most certain, that he •sh6vs his
golden face on Thursday.morning next,-'as First-
drawn Ticket, to the;,unspeaka.ble joy of, all
.those
under his fontsnate influence. ' - •

For the Rhcumatisrus and Coldi. which prevail'
at this season of the year,. no Medicine is so safe
and ellica.,cidus as. Di'. j4MWS ;ANAL EPTI,C PI I.
—Their peculiar tendency to promote perspir.t.
lion, pnd all the natural secretteps, will account
for their singular virtvei in these Complaints, as
•.-‘2.1.1 as in inapy others to which the:human frame
is liable from the 'viciisitneres "of our
They are, admirably Calculaie.d for .ciis6iders of
the Stomach and Bowels,. for persons of a ,Biliotis
or a Gouty habit, as also for rhabe whose—con-
stitutions have been afieds.-1 by a too active or
too ..sedentary life. The); are likewise particu-
larly serviceable in' Head-;tats occasioned by in.
digestion, and in retnovini the bad effe'Eis cif
&cc:living; as also i:1 preventing Pafsies aria
Apoplexies, so often ti e. consequence of inter-1-
perance.. Recourse should be had to them after
,every i VMS'S of .catin4 or drinking, attd upon
every slight indisposinon-; and thus their well.
know'n tharaderistic of promoting- longevity
be maintained ; for, by -assisting Nature in tit_
due discharge. of- the •animat iunetions, and by