The Sun.
London, England, 1807-06-10 00:00:00

ASCOT HCATE-I RACES.

TUESDAY, JUNE 9.
. ,
His Majesty's Plate of rooks: by 'Hooters which have. been
• 'regularly hunted with His Majesty's Stag Hounds, the
best of three 4-mile heats ; 4-yr olds to carry fist.
's.yr olds t tst. §lh. 6.yr oldsitst: t2.lb. sod aged iz,t.
Mares allowed 41,13., -
Mr. Starling's b. Blenheim, by Coriander, aged
Mr. Ferinor's b. in. surer to Hawk; Aged -
Sir f. Shelley's TruMpator t. brat Mr. Lake's f; by Gouty,
Bst. each, the Kew Mile, boags..
A Sweepstakes of t 9 gs, each, h. ft. colts. 85t.,51b. fillies,
• Bsi. zlb. __The N,•tv Mile.
La G. H. Cavendish's c. by Hambletonian .
Mr. Windham's c. by Ambrosio -
Sire. 'Sunbury's b. c. by Whiskey -
D. of G ration's 'Fawn, sister to Forester
Sir J ;Shelley's Wood Nymph • -
•-• . A goo.l race: Ld Cavendish vvon,by Italia neck.
The Second .and. last Year of the refiewed Sweepstakes of
• togs. edeli.; to which is added ,zigS. out .:r• the Race Fund,
for tour yr-olds, to carry fist. 81b:' -five yr pids. Bst. 51b.•
six yr olds, Bst. la lb. and aged 95t,,,.‘1.1,1ares allowed 411.)
Two miles aiist a h lf. -
Mr. Lake`s br, c. by Gouty, "5 yrs old - -
named • Mr. Abbey's br. m. Orangeade.,
4 yrs, oid •

I
2 2i

•2
- 3

The Second and .last Year of the renewed Swcepst,keti of
logs. each ; to which is aadeii 2.5g5. out of the
.1; nod,
for three yr olds, colts Bst. 71b. and fil lies, B,Jr. 2,1 b. the.,
New Mile. -.The winner of the Derby or 0.4k5.• to carry.
7st. extra.
Mr.. S. Batson named Mr. Fcrrnor's Stripling - - •••
Sir F. Standish named ci c Pniice of Wales's bl. c. by Sir'
Peter - - - - - - ".

On Friday, last, after an examination of some.
hours, before the Rev. Dr. Goonnz:ouon and G.
GUNNING, Esq. John Leach was committed t 4) ,
stone Gaol, on his confessioh, tbr the cominigF.ion of
a rape a hci'murder on the body ofElizabeth Vaughan,
more than three years ago, ny:n- Lynn, in Norfolk.
The account which this man, gi-ves of the manner
in which he. perpetrated the two-fold crime. of
which he accused himself, if it is true, must
sta'un turn as •a charatler of most unexampled and
deliberate cruelty.- He states, that u‘pwards.4three
years ago he lodged at the house of a person near
Lynn, who had iwo girls, once of whom was be:-
tween nine and ten years of age. He one•day sand
this - with othe's, at play in an orchard ; he
Contrived to entice her from her companions, and
gradually drawing her towards a little wood, at some
distance from the orchard, began to unfold his
laitious•de,tign, bptaking indecent liberties with her
person :,,tbe girl 'was alarmed, and called out for
assistance. He then threw her on .the ground, and
pulling up a quantity of grass by the roots, stuffed
it with the dirt that, was' hanging to •it into her
mouth : having, completely- deprived her of the
power of U4rance, he succeeded in effecting his
diabolicaliNfentiOn, in spite of the resistance and.
agonizing of his almost suiTocated•
tim. To complete the horrid busines:; he bad thus
inhumanly begun, he took a knife from his pocket;
and stabbed the unfortunate child .several times irf
her body, and at last put an end to her existence by
beating her on the head with a large branch which
he wrenched from one of the trees growing on the
spot:, A rabbit warren wasirear the place--there
he carried the body---and enlarging one of the bur-,
rows with, his hands, he crammed the body into it,
covering up the opening with b6hes and rubbish.
He immediately changed his place of abode, and
some time afterwards enlisted with a recruiting
party of the Chatham Division of Royal Marines;
goon afterwards he was drafted on board the Mon-
key Gun-brig, in which he served for a long time—
but states that he was always miserable,' and had
several times attempted to- destroy himself: his
anxiety and horror at Just became so insupportable,
that, on Friday, he made a confession of his guilt
to Serieant Major KREVSE, of the Royal Marines,
who is bound to appear against him at the Norfolk
Assizes.

Last week several prisoners on -hoard the Bristol,
lying at Gillinghim, attempted to make their escape
they had succeeded in ctitfing through the bulk-head,
and had secreted themselves in the cOal-hole, where,
however, they were sotn discovered by a Newfbund-
land dog belonging to the Commander, mid proper
Means were instantly taken to secure them ; which
*was effeCied with very little diSturbance, and order
was soon restored. The dog. had before keen in-
strumental in discovering fugitives, and once or twice
had plunged into the river, and brought back to the
ship such as Were swimming towardl, the shore,
and were nearly exhausted. On the present occa-
sion, the intrepid and sagacious animal again plung-
ed into the river, to search for any person that might
have.got there; the noise of the plunge alarmed the
sentinel, who not receiving any answer to his en-
quiry or, who was there ? • and supposing that one of
the prisoners might have escaped, fired his musket
near ,the spot where the noise proceeded from, in
order to alarm the supposed fugitive, and cause him
to return ; several shots were afterwardi fired with
the same intention, before the mistake was discover-
ed, when the dog was again got on board, without
having received any injury.
A stone, weighing 1 pound 10 ounces, was found
on opening. a fine cart-horse, in Liverpool,' which
died oh Thursday se'nnight.. It resembles' a heart
pretty nearly, but not so regularly formed, and the
apex is flatter; the, circumference ar the end is be-
tween E. 3 and 9 inches, -and at the small end between
5 and 6 inches ; its perpendicular height about three
inches and a half; time colour Of,bronze, or of cop-
per• deeply tarnished—extremely hard—and where
the outward lamina was broken through, would ad-
mit of an excellent polish, by rubbing with a pieed
of smooth iron. The horse was in perle6t health
and spitits, until turned out to pasture the evenim g
before, ;when he galloped about the field, and the
violent motion is suppoSed to have forced the stone
through the intestine that enclosed it, so as to occa,
sion his death. Our philosophical readers will per-
haps be able to account for the formation of, such a
stone in an animal's body.

CORN EXCHANGE, JUNE 10.—To-day but few
purchasers or faCtors attended the Market, and very
few Sales were made, and those nearly:at the prices
quoted on Monday.
„.

LJiW REPORI.

COURT OF jumi 9

HOLMES AND OTHERS, EXECUTORS OF Silt lIUGH

CHRISTIAN, V. ADMIRAL RAINIER

, This was an a('-lion brought by the Plaintllk, Exe-
cutors of Admiral Chris ian-,against• the Defendant,,
o:oney had and received ._to' the amount of up-
wards -of £OOOl. 'The cause was tried before Lord
ELLENEOROUGH, and a verdi6l -was f6und for the
P;aintiffs to the full extent oftheir claim, subje&to
fie opinion of Court upon a case,"which stated, that
Rear-Admiral Rainier, the-Defendant, had, in, the
year 1800, the command of His Alaiesty'S Fleets-in
the Asiatic. Seas, and that Admiral Pringle had, the
dire6tion of a_ Squadron upon the Cape of GOOd,
Hope station." Of this Squadron L'aseau formed
a part ; and that Ship having sustained damage in a
storm, Admiral .Pringle :sent her Wit'll'adispatCh to
Admiral Rainier. , requesting hiM to.procure her to
be rep-aired at Bombay, no-docks being convenient'
for her reception at they ape of Good Hope. In-
stead of otnbay, .Admiral,:llainier sent L'Oitie/au to
Calcutta; where she-was-refitted. During this pe--
riod, 'the CommandeF of-His Majesty's;fleet'at the
Cape resigned in fa‘otir of Sir Hugh Christian.—
Aftei--L'Oiseau. had received the necessary equip-
ment, she took under her protedion sever-o'll6llle-
ward,butnd East- Indiamen, in .obedience lo the di
reaions her Captain (Lindsey) had received from the
Defendant. On the way, however, ,to join Admiral
Christ n ,yoff 'the 'Cape -ot Good Hope, 'L'Oiseau and
her convoy. were overtaken by a .stpri-0;i and the
stress of weather 'obliged them to separate. L'Oiseau
dri veb rip.c!, out of her course, towards_ one of
the East:lndto Islands, Within the limits Of 'Admiral
RAnier's station-, Where she tell inzwith a:French
Frigate; named the Aygelique, which she.c.aptured.
The Matter w:ao, atter war:ls brought into
,the
ralty Cotirt in 'the East IndieS, and the EtAuy's
Ship was,.condemned in fax our of Admit gal I.3.aiLier;
as lawful capture, , who received
,the priie-money,
the i.i ohjt, of the. present Itztion. The question,.
therefore, upon these fads. was, if the Defendant-
wasHntitled to retain it ?

The Court, complained JIAt in this case many
ilinliccessary things were introduced, whilst what
was most maierial,had been omitted. It was impos-
sible for them to assign what lifts l,s each, station was
extended to unles the forms of the cominissions •of
the two Admirals were set forth.
I\4I..DAMPIEII,for the Plaintiff's, contended that
the legal right to the prize mone.y arising out,of the
eaptace of . the Angelique was in Sir H. Christian,
and his executors were entitled to demand it from
the Defendant. He argued that though the ship was
cayured upon the station of the Defendant,' yet that
-Admiral ;Christian, to whose squadron
,L'Oiseau
belonged, was, in truth, then the Commander .of
that Ship, and that Admiral Rainier, in executing
the-orders of Sir Hugh Christian, had recognised
his authority. For the particular putme of repair-
,ing the ship, Admiral Christian had ,emlo-yed the
Defendant; but as soon as that servh;e7ms perform-
ed, he had no longer any authority over. L'Oiseau,
and the capture being made, although within the
limits of Defendant's station, yet subsequently
0-the execution of the directions to Admiral Rai-
nier, the Plaiotiti's were entitled to recover. In .stip-
port of this position; the Learned Counsel cited the
cases of Lord Nelson v. Tucker, and Lord Keith v.
Admiral Pringle.
Lord ELLENBOUOUGH said, that in this ease it was
-quite clear the Plaintiffs had no right to recover, for
it was eViderK that .Admiral Christian was neither
on board L'Oiseatt; nor had given any direc=tions with
regard to the, capture of the Angelique. L'Oiseau
was dispatched, for a special purpose, to the Defend-
ant upon the Asiatic station, and the moment the
Ship got beyond, the limits of the command of Ad-
miral Christian, he could. have no authority over her,
or claim prize money. for any capi tares she might
Make.. The Ship' was no more stihjeCt to the or-
ders of Admiral Christian„ but- to those of the De-
fendant. _

Thv rest of the Court concurring in opinion with
the Chief Ju.stice, judgment was given for. the De-
fendant.

HAYTON AND OTHERS,' ASSIGNEES OF MATTHEW

VAIRLE6S, V. JACKSON.

This was a case referied to the Court, on ,the
constru&ion of the Statutes popularly called Lord Li-
verpool's Alts, which have ,occasioned so much dis-
cussion oflate in the Courts, and the policy of which
has been doubted' by such high authorities. By
theso lei,lative regulations, certain things are. to'be
done, whether the ship be in her port or absent
from it ; and if these things be not striQly perform-
ed, the sale, of such ship is null'and void ; and if
within ten days subsequent to her return to her port
kshotild she be absent at the time of her sale) an in-
dorsement be not made on the register by the owner
or owners, the sale is nugatory. It appea:..d in this
case that the dkre4ions of the AEI were not complied
with, and therefore the . ship reverted to the as-
signees of the•bankruiNt ; and judgment was entered
for the Plaintiffs..

MANDAMUS TO R. BULLERcESCI.',

This was an application on the part of Wm. Bar-
low, who has been fourteen years Town Clerk to the
Borough of, Saltash. It was stated, from the affi-
davits, that Mr: Boller being Mayor, 'or pretending
to be Mayor, of the said Borough, reta►ned in his
possession a book called the Constitution of the
Borough,. in which it was the duty of Mr. Barlow
to make the minutes of the proceedings, &c. of the
Corporation. They further stated, that Mr. Buller
had not only refused to deliver up this Public Re-
cord, but that he had made entries in it contrary to
the custom of the Borough.
Lord ELLENtogoutu..7.--" Take a rule to slew

cause."

MANDAMUS TO THE BAILIFFS OF THE BOROUGH OF

LITCHFIELD.

• Mr. WEVIERALL, on the part of William Tovell,
applied to:the Conn, that it might interpose its ail_
tbority, in order that this person might be admitted
a Freeman of the said Borough. • The 'ostensible
ground of objeffion was, that William Tovell had
not produced his indentures betbre the .BailitfsAmd
oiliers,- and, also that. he had not served his :ap-

ik,ONDON : Pri

prenticesbip for seven -years : the real motive was,
that on the.occasion of the late Eleaion, hc: had ap-
peared to. clairti.hirights in ribbons of a colitur not
acceptable to those'hy, whom his admission was to
be determined. - The affidavits produced were bwli
from ' his.master and hiniself, which stated thiq' he
had been admitted an apprentice, and that he had
served seven years. It was true, that his indentures
;s
were not produced, but' the uitable sWI-ice:Was
SuPplitid, that they had:been lost.' The Constitutiiim
of the Borough was, that any.peron having so serv-
ed, 'should be admitted as a Freeman'.. it any•b);e
law existed, requiring that tor stitly aduilssion-t he
_indentures should-be produced, such bye-law maid
not controul the established- law of the country, and
deprive
_William Tovell of his franchises.—Rule
granted to spew Cause.

,COU,RT OF CHANCERY, juNt9.

CITY OF LONDON

,This .was a bill filed by the Lord Mayor and Cor-
poration, of the City ,of London,, against the De,
tendant,:_ they assignee of a Mr. Ttirneri a bank-
rupt, praying a specific execution of a lease for 40
years, to be renewable at the end of each forty
years, for ever, of certain .premises in Bridge-street,
Blackfriars,, under and by virtue of a covenant in, a
certain, lease made by one. Gennon, ope ,of
Torner;'s ancestors, about the year 1730.. The pre--
anises are now partly built upon,. and partly covered
with the bridge pnd, quay, and some of them con-
stitute a part of 'the street or highway, leading to
ilia6friarh-b?iclge. • 'These premises 'were let or
sold by the City of -London, to the 'Committee
of Blackfriars-bridge, in the year 1760; Without any
cothmunication with Turner'& ancestors:

The state of the:premises.is yu te -altered from
what it was at the time-of the originablerase, ,Under
w hich, the :City-was bound,. on their. fithure'to
form the covenant in the lease; to. give-up not only:
the .premises -in- question, but other -premises- of
their:iown, lying near the former, in consideration
of the-injury Mr. Gennon had otherwise complained:
of,--by;ineans of, the City I.4.ldings, It is nw,ti
pos:ibiejliat the City, who have not ithfillc6 Left
covenant according
.to the terms of it, can restore
the.premises 3 and the Assignees have, a judgment
at law in their aaion against the City, by consent,.
while the City have, by the Court, and under the
same consent, au injunc,tion,against use proceedings
at law; until the hearing.
The,words of the.covenant are, ".that the City
shall, on or -before the expiration of the last month
of each term of forty years, at all limes, for ever,
Wilder to, the heirs "of .the lessor, a.lease, with the
like covenants as in the original lease are contained;
and that such heir shall execute the -same at a rent
of 2001. a year." The City have suffered a lapse of
thirty years without. tendering such lease; and, on
the death of Mr. Turnee.s,:mother, the last, lessor,
in the year t 800, her son, by his Assignees, claimed
one undiVided moiety of toe .pretnises; under-the
Marriage Settlement of his father a`nd ,mother, and
brought his action ;* the City filed,their,.Bill in 1802,
and the Chancellor appearss.troitgly against the, re:-
lief prayed for by. the Bill; which would 6-institute
the covenant a perpetual one, in all events, and
against every casualty or accident.
Sir ARTHU'R PIGGOTT iOO ne heard to-the-points
suggested by the Chancellor,. on behalf of the City,
bciere judgment. .The case excites great interest,
as no case or-precedent can be cited which bears di-
really upon the question.

AGRICUL7'URE.