The Sun.
London, England, 1807-11-21 00:00:00

DUBLIN, sov: 15.

. .
Several men are now employed for the purpose et
erecting a complete harbour at the fast side of the
Hill of Howth, 'which, when finished, will fltford'
safe harbour fin' the Holyhead Packets, as well as for
other Vessels, as ,occasion may require, and to and
from which the Holyhead Mails will be landed and
dispatched, which will he attended with a , con=
siderable degree_ of conreniente to the Public, in
general, as the, Mail from Dublin can be dispatched
at one given liOur throughout the year, independent
of the time of hid] water; the voyage will be shor-
tened ten miles' t 6. the pawner, and the danger
and impediment of crossing Dublin Bar and the
North Bull be wholly avoided; the expence of thi4
public Undertaking is defrayed by the Imperial Par;,
liament, by a vote; of which 12001. have been al•
ready granted for that purpose. •

TIIE GERMAN LEGION.—This Corps is to be dig-
poied of as follow's :--The Ist; 2d, 3d, 4th, 6th, and
80i-battalions of the line,. have commenced disem=
barking at liortsmouth. The four first go fo their old
quarters at Bekhill, the fit i to castings, and the Bth
to Battle. ''The sth and 7th' battalions of the line;
and the light brigade, comprising the lst and vd
light battalions are 'to sail. immediately for Irel4nd.
Four battalions' of the line; Via. 3d, 4th, 6th, and
Sib,- fife, it is said,, to go on foreign service imme-
diately. The Statf-ship of the 2d. battalion of oie
line, the Salisbury, foundered off, the Knock, be-
t Ween the Thames and Yarmouth, on Tuesday setti-
night: Lieutenant-Colonel LozEKB, Capt. RITTEII;
and seven other Officers, and 188 privates, most
unfortunately perished. Three of the five battaliOns,
which contained the sth battalion of the line, are
still at,Oottpubargh.

A singular circumstance occurred on board the
Worsbeck, Wm. •ALLRN, Master, lately arrived at
Exmouth from Sunderland :7—When they had laden
about htdf of their cargo of Coals at Sunderland, the
'Master brought a favourite cat of his on'board, front
the shore : the animal not being used to a vessel,
was frightened, and ran away, they did.' riot, know
whither. When they arrived at Exmouth, and bad
unleaded about half the cargo of coals from the ves-
sel, to their astonishment,, they heard the cat cryi,
under one of the beams of the hold, about five feet
below the deck, where it hadslain, under five feet
of coals,
,three weeks and. four, days, without the
smallest sitstenanCe whatever. A is now ali'Ve and
well.

Tuesday, the toth instant, aboUt ten o'clock at
night,- the Mail Coach from Plymnuth-Dock was
overturned upon Dinham-bridge, about four mileti
on the western side of Ashburton. The coach was
proceeding with more than common veldcity, andi
from the circumstance of the. horses instantly Stop-
ping, the driver was precipitated over the bridge,
where the waters had swollen beyond their ordinary
height by recent torrents. He,was much bruised by,
the fall, was carried to some distance by the cur-
rent, and probably would have perished but for the
exertions of a Gentleman, who caught hold of his
great coat, and dragged him to the shore. None of
the passengers were hurt.

.A daring set of depredators have commenced their
winter operations in. Liverpool mid the neighbour-
hOod, In the course of last week no fewer than
two attempts at house breaking,' and two instances
of shoplifting occurred in Edmund-strcet. In
.both
the latter the'villains were sticcessltil, but in each of
the former they- were not.. On Tuesday some un-
knewn thief, took the opportunity of Mr. Winston-
leYs, sale room being open for the purptise of exhi-
biting the.-turhiture which was advertised for sale,
to secrete and carry oti several articles of plate. On
Wednesday'.liight, between_ It and 12 o'clock, a
yoong matt. was attacked. in mid-strut, apposite
Newington, by three footpads, .who, after knock-
ing him down, ,and wounding him severely in tho
head with a blUdgeon, • robbed him of what cash he
had about him.

The Supplementary Lottery finished last night,
and the holders of the following Prizes, sold by
Bleu, may receive their Money, by applying at
either of his Oftices„ 4, Gemini', and g, Charing.
Cross4m--
'4094 • - A:1,000
5.90 - - 1000
7.575 . 1, 00
3,14 - " 5-0
111,,513 - • • , 500
3072 sk ."
PC'
Ticketi and Shares for the city Freehold Lottery,
are selling in gall variety.

LAIL REPORT.

CiF Kits;(,'s BENCH, Nov.

MIMING V. LYON.

of ohr readers may 'perhaps reColiea, that
cause tried in April last, befdre ihe Lord
Alto who ordered a ease to be, preiarek
was to-day argued, in this CoUrt. it appear -d
.the questions atose,on a \\•d) of.. Josiah Pet-ring,
vho left to his'daughter real and personal property,
. and a certain annuity to his wile, which- were to go
into'inFer hands, as if they ..Were 'dead,. it the dcugh-
ter were to 'marry a Scotchrrian, or any. person born
of Llcoich parents. ItrAlay, t 706, the' testator died;
On the t 3th of July,', 1802, the diatigl!ter married
William Geddes, a Scotchinan, she being then nine-
teen years : the- mother died'in TlBO3. The sub-
jeet of discussion was, if Sarah, Peri ing, thedaughter,
or her repres,:rilaliVeS, were entitled to the estate-; or
if Joseph Petring, or his. grand-children, , were . so
,
Mr. I,ITTLE;DALE, for the grand-children of Jo,
seph Perring, contended, that, his.clients were en-.
tided. It would be tediotni to detail the numerous
yivstions ilklvorled to oil this Important question;
we shall therefore content -ourselves .with merely
StatiNig the principles, front the argi.unents of the-
Learned Cohnsel. The main question dependent
Upon the point of law was, whether such a restriaion,
not to marry a.Scotchartnr or a person. of„Seoten
parentage, were legal. Mr. 1.,t-uroEnALE said, that,
by the civil law, nusuch restraintsupuumarriage were
as interfering with the good of society ;
.but to
this general rule there were :numerous exceptions,
and of this kind were those tho-enlb vithwtate, ritiente
vi.-itutote, el thou sots crest( , puella ant .feniirm
frasset. If such exceptionswete-toade iu tbe'' civil
law, a Much wider scope was admitted in the law
' of England ; and the Learned Counsel cited anthu.
'rides to shew that restridions might bemade ut3def
our laws, not Only as to particular persons, but as
to places, and also to the time-of marriage. It might:,
be the case, that this testator, feeling a strong eon-
vi6,tion.,of the duty of adhering.. to the principles of
the Church of England, had. an invinCible ohjetEtion
to' the marriage 01; his daughter ;with, a native: of
Scotland, where the Presbyterian: tenetswere the
established forth rif worship,
PA tor Joseph; Purring,- on the'same.Side
With Mr. (hut 'with some„reluAancei
as a tytive of Scotland), contended, that this was'a
valid restijotion, toadtherefore, his' click and
the granlcliddreti were eiltitleilto the estite,
Mr.
,for Mr. Geddes, the widower
of Sarah Purring, and the, intant issue of her mar-
l-lige, argued Hiatt ineli restridien \' Is not only
contrary td the, prink iples of English law, bat
to all the salutary institutions of
,every
country, whether, Pagan or Christian.
,'l,'he
tindion was this restraints were :aduntted where
they were provident, and, consequently, [Jel'ieli-
C.Ol to marriage ; restraints were disallowaf where
they wee improvident, injurious to it. It was
considered,' by the wisest logislzitors rind die ablest
lawyers, that the nuptial eoimexiOn wabundantly
conducive to the happiness, ,as well as tiecessaty to
the existence, of society f and that, therefore, all
restriaions upon it, untiwourable to its substantial
blessings; ought to be deemed void and nugatory.
The Learned Counsel made one other teelittiCia
point, which was over-ruled by the Court.—Judg-
Mott deferred.

The-only other casoargued was that of Horne v,
Baker,./on 'Whfcb aiSo judgment was, deferred, that
the Court might have in opi,)ortunity qt:lnoking into
the •L'ltiCS of. fraudnlent sale under the
.Inakrup'
laws. .

COURT., OF COMMON PLEAS, :Nov,
.19..

THE EARL Or sTRATIIMORE V. HowES.

Mr.,Setleallt LgtiS moved,-on 'behalf tit the De-
fendant,,. far a itule to show cause why a now trial
6116111 d not he quilted in this case; It was an iqsue
out,of Chancery to determine' whether certain fines,
Which had been levied by the Cortntesa of Strath,
more, as well as couveyaaces executed' bY'lwr, 'bad'
not been done: under dtirgs.s? The verdict at 111$1"
Priug was; tititiht it under elut'e's that those fines.
and deeds had been executed. He 'objeded tip this
verdiet on the t'ollowingtgrounds:*l4l, That the
only iwrson in existence, who was present at the
ifai,Naction. (Dr. Seto), lid not been examined at'
the trial ; and he Wiis tinw ready (alth&igh a verk
old and infirm man) to come forward and state the
flouter inns true light. it lso appeared by theaifi-.
ditvit Of Mr, Bowes; the Defendant, that he him-.
Self was, at' the time of the trial, in such ,a weak and
nervous condition, .that, he was then-incapable of
giving the proper dire Lions to those:who, had:the
professional managemen.r,ef -his defenCe. He had
inotherobjedion to the verdia in point of law. 'ln
Coke's 2ti Institute, it was laid 'down that there
were only four timid of dorei4; which would itVoid a
deed solemnly' :executed, Which were-danger of
danger of hiss of limb, maiming; or iinprison-.
Satin but that doti.er of batterrwas not si4cient;*
ot herW)se the-most :frivolous' fearS might be'
pleaded as duress."' At the trial, however, therewas
nut a ,tittle of evidence winch proved any duress as
applicable to this paiiieulat transaaion. There was
indeed evidence pi a general Scene of ill-treatment,
cruelty, and oppresSion; troth which the Jnry drew an
inference that Lady Strathmore was never her oWn
oikrress, but always under a certain species of dOmis.
It -appeared, however, that there Was no evidence.of
acioal dureSs'UpOt,i this ()Magian ; and he thinighe'
the Court would not permit a fine regul:irly levies
to:4)e set aside Mon incidental' manner. As the sub.
je,A was of great novelty and importanco, and Dr.
6colt, who had pot yet been examined, was the
only persona on, earth who 'Could throw any light
upon the transaction itself, tic boned the Court
upon thew) grounds, grant a new trial,

`Sir JA IrerATA NSl't i?.C.J;) TA, there was no ques-
tiuu liere of setting aside .a fine ; but the verdict* Of
the Jury ittforinod the Chaney iior that the fineshad.
been levied under duress, and npfyli thlt irAerna.;
tio.lt a Court Of Equity would att its it titonglit pro.'
per. As to the question of duress, it had .been de.;
eiLied before, between the same parties; and
that verditt had -never he.ten qUestiohed... 'nor! v4,r,
dict in the former ease iva, therefore, some authority
in the preiont. The Coati of Chaneery had al-

ready evid'elice before, it of the wlretclred situation its
which 'Lldy'Stratlitirore hAd been plaCed, and (f the
!warier in which She had been tyrannized overi.and
1 yt;t there had been: no 'motion for a new Ltriad on the
tormer case, nor for re-hearing the decree; and up,
onthe former case, the evideuce,was roach stronger
for Mr. Bowes- than it could be now. On the for-
n*l6r Case, a man of,the first eminence in the roedii'al
prtfession, DP: Hunter, had swim), that'at the time
'Of the eXecuilon' of the deeds in question, .I.ady
Strathmore was under no particular duresi. . -But
what could such teStitnony amount to ? It had Ireen
pity at the trial, that the most horrid cruelty.had
been pritetised by the Defendant; that Lady Stßth-
more,bail been often in a starving condition, and al
'most al*ays- in a state .of the most absolute slavery,;
thtit . the
_Defendant talked publicly of his prerniog,
her 'with a horsewhip ; .thathe•even prescribed .what
i garden she ShOuld walk in, and to what extent her
walk Was' to go; and, whenever he allowed lace` to
go iotO company, he prescribed to her what,she was
, to say. VhiS last circumstance bore thost.material.,
ly on the "case; for it I Strathmore, was. in no
respect a free agent, even when shewtent into pri..
sate company, how could 'it be supposed. th;:u., she
was a free agent, when she was asked two or three
'ltiestirMS: before the. Commissioners ? As for . the
evidence of Dr. Scott, it ,could amount, to nothing,
'even if he should swear that there was no particular
duress at the moment. Dr."l-iunter. had sworn the.
same-thing, in the former case, and yet the Jury had
found a verdid (which was quite unshaken), that
there was a duress; from the constant ill,treatment
of Lady Strathmore by the 'Defendant: -As to the
nervOus condition of Mr. Bowes at his trial, .thatwas no groUnd to set aside the' verdid.

TUE TunKtsucoNsul.,
Mr. Serjeatat /3u.ST moved, tharTheottore Critic()
should he discharged from bail intdCr.the thllowing
,eircunisiances :—He was Consul-Generdl from the
Grand.S;gnior, the Emperor Selim, to the port of
London.: The appointment from Sultan Selim was
in May, i 80(4, and it was acknowledged-by his 13ri-
tam) ic Majesty in Noveinbc.!r,,in. the same y ear, which
was precedent 4o the arrest.
The ,Cninv JUSTICE was inclined to think, • that
the death .of the, Sultan Selim puran end to'all
point me.nts under him as to their privileges, but still
as* was a matter of much importance, as respeCting
the privileges: of a Consul-General, he thought the
Court could do no less than graut.a rule,' Unleas cause
were strewn to the contrary. •