The Sun.
London, England, 1809-07-28 00:00:00

THE KIIk:G V. ROBERT JAQUES.

Mr. COMMON SEH•JEANT said, he was instruCted
to move, that judgment might be -arrested in thrs

L ~se,

'The Court asked what the case was, for none of
the Judges reco;leaed it. •
Mr. GAB HOW said' Lord Ellenborougli could have
no report a it, for it occurred before his LOldship
was•on the Bench ; it took place 15 years No, dur-
ing which time Mr. Jaques had ['pen in America,
but, as he udderstood, had returned,lately tosct
a Bank in tilt: orth of England.
The CoumoN SERJWANT said, that the Defendant
had been convicted, about 16 yearsago, of wilful
and ,corrupt perjury, on the oaths of George Law
and others, and the subitance,- of the objection which
he had to the couviCtion, and on which be grounded
his motion in atTest,,ot juggtnent, was, that it did
not properly
.refer to the matter of which it com-
plained.
Lold ELLEI4EOROUGH.-I'he Court wilt give you
a rule to spew cause why judgment Sliou:d .not be
arrested ; but the Defendant must stand committed.
The CDMMON .SERJEANT said, that notice had been

_ . _
given .to the Prosecutor that this motion was to be . in Poland-street, was set on fire hy the lightning ; it
made, and bail was ready. . i (»tin Sted in-the -second floor back-room %,V here tuna
~ Lord ELLENBOHOUGII.—" There are chargeS • children were asleep, but - fortunately was di.icever,
enough in the indiament to support the couvn'Aion, : ed in time to save the children," and to subdu, tit
and the want only of words of reference is what you flame's, alter Ih'',Y had destroyed the room!
stand upon in your motion in arrest of judgment ;
• --W..dnesd.ty morning the-lightning entered -a bed-
and: therefore this is not a ca-;e ~vhich S lauds before chamber ao a small house. at Claphain, and set-4he
the Court with a recommendation to dispense won curtains in a blaze. Before a boy who slept in 11;e
the ordinary rule of the Court, which is,. that the . bed could escape, he was badly scorched. The far-
Defendant should stand committed,” . 1 . . niture• and. other article's i'n the apartment were Ae-
stroy ed " and the house would have been consul;,cd,
Mr. GArtaaw.—" This matter is 16 years add; .
we should have time to, look at . the record. The had not the greatest exertion been rnade. to extin.
Defendant is not to come into Court on a sudden, guish the flames. The lightning flashed in the mot
.
and upon half an hour's discussion to walk out of it •
awful manner, and much injury has been done west
again. He will do as little miSchief in custodv as of" London to. barns and hay-stacks.
out of it." _Last, week .an accident, happened .on board ' the,
Lord ELLENEOROUGII.—" Let tie .Defendant : five,
oi that ship was West mavnig from' the Bason in the-t Indiamart, Captain DESCHAMkS:,•ai •
,
stand committed, and bring on the subject as soon as .
you can, Meanwhile ret us have copies of the in- . port Dock, a blaCk man, Thomas M.mby, cornnsot4,
diCtinent.---Take a rule to shew cause." , called Sampson,•belonguig toJOAHANN DENKY,'Esq.
BOYDELL, ESQ. V. DRUMXOND, ESQ. lof St.' Thomas's, and a seaman on Ward-the said ship, .
fell from 'the mails-top on an iron stauCheon on lite_
This Was a rule calling on Mr. Drummond the
~ qua
rter-deck rails, and dropped overdoard and sunk: a
banker, to show cause why there shoUld not be a few minuteS -afier his body was 'brought up by a
nets trial in this cause. It W. a 3 an aElion brought by .grapline, and landed. Medical. assistance was ito-
Mr. Boydell, the representative of the . late worthy ineliarely procured, and. he Was carried to f-Lrrovi
Tavern in Poplar, where he expired shortly after.
Alderman, against Mr. Drummond, fbr not taking
A Coroner's Inquest sit on the body, and returned
all the 'remaining, after having taken two of the sets
of Boydell's Shakspeare. The etefence Set up at the a verdict of---Accidutal .Decah.
3:a .
trial was, first, that the signature to the subscription j trictrw.—On Wednesday night as the watcll
was not the writing of-the Defendant ; --hat -Was man,was going h's ronndS ht the New-road, at Itl
overpowered by evidence=--next, that he w:,as not of o'clock, lie disenved a genteel min fastening a
age at the time of entering into the contraa4 that rope to .a lamp-iron, and on interr,gming him, be
was overpoweted by evidence also—next, that the g,ivc• evasive answers and departed. At 4 o'clock,
writiog- was void for want of-a stamp ; that w..is re-- yesterday ' morning,. the same person was fo.,nd
served—next, that it was ' void by the:. statute of- haoging in a field leading from the Harrow-road to.
frauds, because the 'contract was not in writing, Worw,,vood Scrub-. He turned our to be<a Mr.
and the contra& was not to 'be performed within Soul!, lately a merchant in Devonshire, which- iii:r
a year ;., t hat • was reserved also;--lastly,
the sta.' -had left in embarrassment a mouth since, and tahev
tute of limitation, upon which Lord Ellenborough aparithents in l'ortland4oild.
found himself bound to nonsUit the Plaintiff,: be-.

cause the 'corm-ad being entire, had reference to the .j
commencement of the work, and that was • much J
e
. „ CR 4VJASEND., -JULY 26.. •
more ,than sx years before the anion was brought. Arrived—th 1? tilger, KaV4nna4ll, loi Pensaceil; awl tilt'
Upon this the Attorney-General obtained a ilile or -Tqvu Isr..:theib, cette,, from Liown. • ,
a new trial ; and after the case had been most ably, ...N "
argued by Mr. Park, Mr. Holroyd, and Mr. annpier,
against the rule ; the Attorney-General, Mr. Gar- -
rOw, Mr. Marryat, and Mr. Holland, in support of it,
the Court was unanimously of opinion that this ac-
tion could not be maintained, because the perform-
: _
ance of• the contract could not take place within a ' , P R ICE 0 F's•TOCKS
' IlaT:k Stock, 2601 Yf.STERI4A Y.
year, and the contract was not in writing, as re-
india Stock,
(paired by the statute of frauds. Mr. Justice Le N 1.,,, ; 1,, ci.,,,, " ,6t 0 i 9p. it,tia;ords, 195. 2os. pr.
Blanc lamented that the case should turn upon,a
~..: Ornnium, 1 pr.,
11( s 4 4 i
point which was unconnrCied with either its Justice 4; pFeerr ~,t kco 63 al,
I mperidl 3 per Cent.
or its equity ; however, %Oen parties chose to avail 3 Per Cent. Coos-. by i4i Diao Ann. •
' themselves of points of law, they must be dispost'd .. iLink L. Am. 18 „-i&tats i Coils. for A •g, 681 f I

SHIP E If'S

L

.
DIED.
()I) th? r3th inst. at,Aberileen, Bai Peter Duguid, aged

ton Wednesday sennight, at Dublin, Richard Lard Vl*"
count I.4owercciurt.