The Sun.
London, England, 1814-09-30 00:00:00

NAVAL NEWS.

DEAL, SEPT. 29.—Wind.N. E. blows strori!i,.
Sailed 16 sail of transports for Depttord. Re.
main in-the Downs H. M. S. Monmouth, War-
rior, 13i2rmuda, and Redpole, with the Swan cut-
ter and 7 sail of transports,thaving on board a 19.-
tachune.,t a the 'King's German Legion for
Ostend.

PottrsmouTti, SEPT. 29.—Arrived his Majesty's
l;hip Scipion from the Downs ; Fervent and T6O.
dosia, front a 'cruise': also arrived alarge fleet
and the Tortoise
of vessels from the Downs.
,Caine into harbOur
—Sailed his Majesty's Ships Chesapeake,
shtiosreiNsillarty's ship Benbow,
Orpheus, and Misietoe, for Plymouth ;. and the
Zephyr, fpr the Downs.—Wind E.
FALMOUTH, SEPT. 27.--Arrived the Windsor
Castle packet," s mail from St. ThoinafS, in
30 days.—Wind,V„'.
Elivawrou; ::54).14'"• 29. Arrived the Anek-
land packet,"iqh from' Cuxhai-en.—Sailed
the Henry Freeiihg packet, witha mail for ditto.
A!so sailed the Hope, True Briton, and another
transport, for Ostend:—Wind N,

. .
We hare the satisfaction to announce the safe
arrival of She fleets front Jamaica arid the Leeward
Hands,at.their several ports. The fleet front
.3.,;majc,a sailed on the 26th July, 'under convoy of
hats. Majesty's Aips:AVarrior, Ilhin, and Sapphire.
The Plantagcneivilinta, and Carnation gave them
further proteetioreiallie ‘Vestern Islands, whence
those ships returned>to-the West The fleet
Proof the LeeWarddllands left- St. Thouras's on. the
Ist of Angust,..y-ratected
.1-,Y the Gloueyster and
Mutine: The passage was boisterous and ult._
steady, but fortunately without any loss.

INTERESTING TRIAL IN INDIA..

[Condit (led from TUE SUN rf .
" Yon Fras. Caroac Brown have been Charged,
and you have a: ,twitted, that von brought into pe-
Wthe lifeeof a magistrate„ and without any cause,
imke'd for that part ‘vhiell he acted against
your tattler. There. is nn apparent lonia-ohm for
the report whichyou say occasioned your irrita-
.( ion against the prosecutor ; and when you called
him for an exithtnation, he immediately dis-
3vowed the report, and has invariably disclaimed
jt. It is not _even now pretended,. in any orihe
solidavits before the Court, that the. report %S-. 1 S in
fact circulated by the prbseentor. What have
you pleaded in extenuation of this great offence
against the prosecutor ? You lKaye urged your
wounded sense of honour as au ()tfieet:, awl your
filial-feeling. A magistrate, a defenceless magis-
trate, is taught by the law to look for protection
to the armed soldier, and the soldier should
re-
vcrc in the person of the magistrate the authority
his Sovereign ; and with regard to filial feel-
ing, it is neither respectable, nor to be respected,
when it - produces unlawful execs tea. You have
transgressed the utmost limits by which filial re-
sentment should be rationally cireuni,eribed ; and
filial feeliue cannot excuse you for having out-
raged every manly feeling of the prosecutor. it
may, perhaps, be consolatory to you, ‘vben you
undergo that confinement, which will be part, of
your seatence, to reflect, that you arc soffering
for an offence which your regard for your father's
'tante unhappily tempted you to commit.; and I
wish not to deprive you of that consolation, if
cireunistapces of the case will allow you tcl
experience it. That you should have felt iudig-
Ilant at the report which reached you, prejudicial
to your father's character, was natural ; and that'
you should have been desirous of retracting it,
an 1 -0!' -.topping its eircillatio,u„"Was consistent
.th manly and filial spirit. But ,you should have
comported yourself moderately, and with 'proper
feeling, towards tie attainmcnra these objects.
Did you conduct yourself with moderation or pro-
priety ? Did your filial feeling justify your rush-
ing into a magistrate, surrounded by his Officers,,
whc, it is to be observed, were natives, with your
bat on your 'head, and with a horse.-whip in your
baud, although-it appears that yoh had gone thi-
ther in a chair or palaukeen? When the magis-
trate calmly disavowed the report of which you
complained, (vete you justified by,filial feeling iii
insisting on a disavowal in writing ? Were you
warranted in tittering the threat, .which followed
.his refusal, or in " damning" the prosecutor when
you quizaed hilly? Can filial feeling extenuate
the monstrous act, which you afterwards .per-
formed, by pasting the prosecutor in the street
of his residence as " a liar and a coward
Surely, surely, such conduct as I have slightly
tinted to cannot he palliated by anyone who un-
.derstantis , the geueitie operation of filial feeling.
As to the other excuse which has been ofFe;.ed in
extenuation, your wounded honour as an Officer,
cannot perceive how pur,proper honour as an
Oflicerscould have been wounded by the conduct
of the prosecutor. The high spirit of honour
which has raised the. British Artily to its great
military pre-erninence in Europe, and which has
led to the performance of transcendent deeds, con-
served by immortality, is greatly different from
the spirit by which you appeared to have been
.actuated : and 3 have no doubt, but that if you had
beet' tried by a Court Martial for the offence of
which you have been convieted'io,this Court, you
would not only have been cashiered, but that the
Commander in Chief would hove declared to, the
army his sentiments of indignation against the
very act, which you say you oVe,te. prompted to'
commit, by a sense. of military houour !
"'Bad, however, as the case of the defendant
Brown certainly is, the case of you, Archibald
Douglas, is infinitely worse. You ought not to
have accepted the office of a second, which is•
illegal, and bad at best ; by which you, from the
particular c:rcumstauces proved to the Court, were
utterly unfit to perform. If you had possessed
the feeling of a virtuous man, would yciu not
have said to your friend, the defendant Brown—
' I really reel for your situation, nut!' sincerely de-
sire that Mr. Baber may relieve your mind ; iu
any other case I would willingly.become your nte-
diator, but 7 am so'sadly circuinstauced with Mr.
Baber, that 1 cannot communicate with hint ; my
presence will hut produce irritation, and possibly
prevent hint front saying to me what he might
be inclined to say to any other person 1' Should
you not have made a reply of the kind that I have
suggested, when Lieut. Brown asked you to be-
come his second ? If such
,an Office can be con-
templated in this place, I presume that the person.
who undertakes it is bounffto mediate, to endea-..
your to
,appease and to conciliate the parties in
difference. Were you in such a situation that you
-could conscientiously interfere between Mr. Ba-
bel. and Lieut. Brown ? Did you interfere mo-
derately, Auld with a view to. conciliation ! Did
you even give Mr. Batter any alternative ? You
were not actuated by filial feeling,--if by any mis,
taken sense of military hominr. Vim had no anxi=
ety to,-remove a stain front a father's goad name;
—but yet you rushed in on the p-.•ivae,y'of the
,prosecutor, with your hat on your heal, and a
stick in your hand ! It has indeed been said for
7on, I am aware, that you usitally carried a, stick.
if this be so, you were most particularly required
to have left it at the door, wimp you tbus entered
the 1)1-.3sec-tam's house. But yon "entered it as I
Have neserlhed you : and then, /eine did you ec‘n-
duct yourself? bid you speak mildly—or ask for
reasonable satisfaction r Did 'you endeavour, by
your lango"ge,, to remove the impression which
noise have been created by your offensive and
inenacing conduct Noe' when Mr.
,Baber de-
;,datelr,that be, had ftcreible.reaso:ls for not hOld-
ing'Tany connunnication with you, you told him
that " you bad come to demand of hint to meet
and fight
,widt Lieut. Brown ; and thla if he did
not fighteehe should be as a 'Liar and a
co‘var4o.and that eternal dishonotir and infamy
shoold. be brought upon bini."7,771, am of ;
opinion
that the clistionotur and infamy recoil on him. Who
cotild, (miler all the circumstances of the case,
bring himself to utter such abominable language!
. I will add, that have no doubt but that you
were also privy to •the posting of -Mr,,Baber.—

Ciren=stantet• tend to shew the fact; acct yon
have not ventured to deny it.
With respect to you, Thoinas Gabagan, there.
are some circumstances which distinguish your
case from those (In which I have observed. Your
delinquency is not.so great as that of the, oilier
defendants. 13ut, although you were not the Re-
gister of the Court, whereof the prosecutor was
Judge, as this Ccant at one time had' supposed,
you were, at the time of this unfortunate trans-
action, Register to the Provincial Court.' • You
were in the same line of service, and, served the
same masters with the prosecutor. As an Officer
in a.Court of Justice,' you were not only bound
to know; but particularly required to respect the
Law," and, when yon were applied to by the de-
fendant Brown, to carry a challenge to the pro-
secutor, you should have remembered, that he
.had, been clothed, by your stir riors,Thwith the
sated character -of a Judge and a Magistrate ;
and yop 'ought to have known, that you, as tut
Officer of Justice, were particularly unfit to un-
dertake'oe office of Second iu a private quarrel.
It would have "well become you to have declinea
theimproper employment, and to have advised
the defendant Brown, against' the tmlawful pro-
ceeding. You, however, accepted the office readi-
ly, and diseharced it ungraciously.—You requited
the prosecutor, and .in a menacing tone,- to sign
what would have been- his own disgrace; and al-
though he entered into .11 calm; crandid, and al-
most friendly explanation, Itt ordee to prevent
you front further entangling yomself, you per-
sisted in-seeking the objeqt ot ,your
what had beet) repeatedly refused, and•lihewise
threatetaid the prosecutor with disgrace and igno-
miny ! Your conduct did not end here: Whether
Mr. Baiter did or did not.use the otFensive expres--
sion respectingi Mr. Douglas, which you have im-
puted to him, cannot 'be collected front the affi-
davits. You still assert that he did, and Mr. 13a-
bet: denes' having used the eyspression : Bat, ad-
mittting that Mr. Babel: used the offensive' expres-
sionor that you believed he had uttered it„ how
could your,-under the •circumstances which then
existed,' cruelly stir up anotiii.r quarrel between
Mr. Douglas and the prosecutor % This is a mat-
ter of very gt•eat :aggravation in your case; 'and
cannot, see in your affidavit any extenuation of
your offence. That you were removed by. Go-
vernment from your situation as Register,.l am
not surprised. It was a. measure no kis.rendered
necessary for the pett‘ce of the Province, titan for
the maintenance of judicial itathority.
" It has been the subject of deep consiJeration
with Mr. Jnstice•Newholt and myself, what mea-
sure of punishthent s!tould be inflicted on you
severally; and I shall now pronounce the Sen-
tences on which we have agreed.....

You Francis C. Brown shall be iniprisoned
in his Majesty's gaol for the space of two calendar
months and' two weeks, pay a tine to the, King of
100 prigs., and enter into a :recognivince with
'sureties, yourself in 1000 pags..and each •of your
sureties in-500 paps. to keep the peace for three
years ; and-to• be• further imprisoned until your
tine shall he paid and your recognizance entered
into.

" You Archibald Douglas shall be implisooed
in his ;Majesty's gaol for the space of five calendar
morrths and three weeks, pay a fine of 1000 pags.
and enterlnto a recognizance with sureties, your-
self in in 2000 pagodas, and each of your sureties in
1000 pagodas,' to keep the peace for three years,
and to. be further imprisoned until your fine shall
be paid and your recognizance int eyed into. .
" You TiroMas Gahagan shall be imprisoned in
his Majesty's gaol for the 'space of three calendar
months and two weeks, pay a fine of 100 pagodas,
and cuter into a recognizance.with sureties, your-
self in 1000 pagodas, and each of your sureties in
500 pagodas, to keep the peace for three years,
and to be further imprisoned until your fine shall
be paid and your recognizance entered. into. ,
" The defendants were then reconducted to
prison, pursuant to their sentences.
`.f. That our report has. failed to convey the ef-
fect which was produced on the occasion is more
than probable; but we hope that the termination
of this proceeding, will be produCtive of the most
beneficit effects in every' part of British India ;
that the opinion expressed by the Lord Chief Jus-
tice, of the prevalent and tolerated, though de-
testable and flagrant 'crime of puelling,' 'will not
only deter the imitable and imFttions young men
of the present age Imp' resorting to this unjust,:
unlawful, and inlitinvan appeal ; but that
fortify the resolution of th()se, who have suffi-
cient magnanimity and' veritable, courage to brave
opinions, alike unfounded in real honour, and re-
pugnant to morality and religion.
" It may he proper to add, that at the time•
when the Court delivered its opinion on ihe'ob_
jections urged in arrest of judgment,, the Lord
Chief Justice caused it iii be intimated, that ii the
Defendants shoidd.be advised to appeal from the
ludgmpit about to be pronounced to the Prince
Regent in Council, the .Court would not - only
Ifrant the leave, which it had the diseretiOn to re-
fuse, but that the defendants should not undergo
any part of the sentence until 'line should be al--
lowed to prosecute their appeal with 'effect.; _and
.that the only condition which would lie imposed
on them should be, to enter into recognizances,
not to depart beyond the limits of the Madras GO-
vernment until- the appeal should be decided. On
the day when Sir 'roller addressed the Court in
extenuation of punishinent, he informed the
Cogrt, that his clients 'did not intend tOappeal."

There grave been collected 195/. ss. 9(1. ,for the
widoWs and families of the bours,Crew belonging
to'Holy Island, which was upset at Wick pn the
lad August last, while employed in the herring
fishery. s
The paragraph that appeared in last Saturday's
Courier, rehkive to the•escape
.of a female pri-
soner, front an Edinburgh, Officer of police, we are
requested tit state, is 110 correct; the fact is, that
officer did not allotti her to go to a•• public hone,
as stated, but to ber lodgings, in order to get her
clothes ; and, while there, she aud other two ac-
comilices contrived to prom-HT sOlue porter,' a
tumbler of which they gave the officer, in which
was put a 'pennyworth of snuff, besido a quan-
tity of landanan. A soldier was apprehended
and committed to prison as an accomplice in the
trick. The two watches were recovered, but
none of the money.--(G/nigotv Courier.) •

110LICP. !NTEI.II6ENCE,

MANSION=I-1017,-

Margcret ;,.71iiaiwthrSmart was. vesl'ei day at-rain brought •
for examination on the ;charge of defeat ding ber•ClupluyvrAiY
forging his tradesmen'3 ldlls for bin/.
,The Loon MAYO O. adtlressipg. hinds^if to• Mr. Flint, the•T
prosecutor, said; Illat upon taking a vi etc of ail the circunir
.stances of the c.:se, and yartieularly tif a written Afeilec
given iii by the prisoner, stating the complicated nature of '
that trust and respons;bility confided to her (as housekeeper
,and in other eapacities),.by which these deficiencies bad
arisen. giving- a mild construction to tire circumstance of for-
gery, that with the -prosectitor', conseitt he should be ht-`
manely disposed to discharge LordThip could mit
help tttlr+erting tot he pri,'.olleCti St:l'lCM Cnt, WIICECin it %vas'
rocuully asserted that site-had been in the habit, of advancing
money to I hree young men, sons of the prosecutor, which sire
-had omitted to put t!uwn. Ilk Lordship seemed therefore
disposed to admit the probability tiiat the prisoner had been
inadvertently letlinto this mysterioms situation, especially as
no proof could be had of the itypropriatioaciftheirllegthl
ficiency, in vg:peiling niece money.upon drelA, or other t.tx-
travagance, frian whei,ee some trace of bey „OishOuesty, if
any such' motive had existed; would naturally. :tre. been dis-
covered.
'Mr. Flint replied; that he was now sorry to differ from his
Lords Lip in the view which be had taken of the case. •He
was as humanely disposed towards the- prisoner as cireurn-'
stances would admit. tie hoped his motives would HA ire
misrepresented in the newspapers, su as to be deemed vitt-
dictke in opposing her discharge; but he felt it .incumbent
upyin him to contradict the, prisoner's statement with regard
tuseveral items, aunt particularly as to money advanced to
his sons (with the exception of one or two occasions to a •
very trilling a!mtunt), for which they could possibly have ap-'
plied to her, or twit so supplied ; his sous-had au unlimited
command of money without having. recourse to the prisoner.
Ile had since discovered that the priwter had clandestinely
supplied goods 'to his washerwoman front .the warehouse,,
without araking- any entry. Thcse- she deducted front the
'amonnt of the washerwoman's bill, whilst she charged him
the whole amount as cash paid. 11e1mil no doubt hut other
foes would apPear to solv.tantiatj the charge against her of
emhezzleittent of his property to a much gr-eater amount than
• vet stated, in which it was iropossihie to Acquit her of.
iionesty, 'although it was ditficult to ascertain how such pro-
perty was disposed of. The prosecutor had .thirty wen and
as many females culployed in his exten.sicc bilsineSS, to
this in.stance of lenity towards the prisoner might prove a
bad example.
His Lordship said,-if it was the Prosecutor's wish,' 116 was
in duty, bound to commit for+trial.„ but :.teing pressed for time, .
he' should remand her for a fourth examination. She-was
accordingly remanded. - ,
A young luau, representing hiniself as an Assistantttrgeon
of the, Royal Artillery, on half-pay, Wbf.i.. ChargCd
of the Cross-keys, Lift.-strut, on• suspicion of robbf de the
honSe, to the amount Of some hundred pounds. 'The: prisoner
was -remanded.