The Sun.
London, England, 1809-12-26 00:00:00

GALLOWAY REPORT.

Winter has as yet assumed nothing of its rigour:
From, the unusual mildness of the,weather the pis.-
tures are still luxuriant ; the cattle upon them ital.-
proving, in fine condition ; and the fine grazing
lands of this district retain all the beautiful. verdure
of spring or of summer. The remarkable progress
and long continuance of vegetation have proved no
less favourable to the late so,.ve turnips, so that me
crop in general -*ill far exceed the expectations of
the farmers, and may probably itiduce them to ex-:
tend. their c}altivation. From those concurring
.ir•
cumstances, there is no reasofi to apprehend a scar-
city of winter or spring 'food for cattle, which i 0
always dreaded, yet seldom guarded against t.% ith
sufficient precaution, The fine weather in the be
ginning of this mouth has.been no lessi auspicious to
the sowing of wheat, which. mpy be considered as'
now complated, than to the vegetation of the young
plants, cleaning of ditches;- preparing of composts,
• top-dressing of .meadows,-:and fallowing for. spring
Crops ;, and accordingly•irtore has been donevin ail
these operations than was fortaterly usual in this tits,trict. , In particular, the cultivation of wheat is ex,
tended far. beyond, what was ever known--,a
cutnstance which marks the progress-of pined- has-.
bandkr, and will probably lead to still. greater iru
provement. •
The demand for cattle, the staple conatnodity lot
Galloway, still continues, while the country
pretty .much drained of them.; so that any tudden
diminutiOn of the. present high prices is not ,to be
cxpetled. Very. little grain has yet been thrashed,
end exportation is only' commencing; but, trom
the samples produced, Ftnd the appearance of ;Le
barn-yaids, there is reason to believe, that wheat
and oats will be fair average crops, both in quantity
and quality ; and, though the prices may not corre-
spond to the extravagantideas once entertained by
some farmers, yet they will he sufficiently high to
satisfy every one whose views of self-interest have
not absorbed every sentiment of patriotism or hu-;
inanity. Barley has been less cultivated than in .for+.
titer years, and the produce per acre will be short of
au average crop.
From the unusual mildness of Oaober and iin-
yettiber, some have been led to prognosticate a
severe winter or spring, which gains probatAlity
from accounts that. the-frosts have set in early in the
northern provinces of Europe. But dismissing such
apprehensions, nothing has occurred to tender the
_dark month of Novernber, gloomy to the Galloway
farmers, who wisely enjoy the present hour, and
seldom concern :themselves about futurity, unless
when their leases are about to expire.—Dec. 1. '

The following curious eirciimstance happened at
the Golden Bear Inn, at Reading, some years ago.
A young fox.had been taught to be in a wheel and .
turn' the jack. After some time. he escaped, and re-
gained his native fields. Here he net the fate corn•-
mon to his species; he was pursued by the hounds;
and in. his flight ran through the town of Reading,
and' springing over'a half door of a,kitehen, jumpe'd
into the wheel, and resumed his occupition • its
the very place where he-had formerly been brought'
up, and thus saved his life. -- , . .
lin atrocious attempt at murder and robbery,— ,
Last Saturday evening, "about eight o'clock, Jams
Leeson, representing himself to, be a labourer from
Buckinghamshire, .went to the:house of Mr. Bos,
WELL, gardener; at Enfield Chaie,.and asked for a
glass of water i while in the, ad of doing so, he
drew a pistol on Mr.,805w.1.1., Which fiaslied in
'the pan ; he drew a'secontl, which also.fiS,hed in,
' the pen,
,and'all the while demanding the money et'
Mr. BOSWELL, who knocked the- desperado do,, n
with a cl-vair,,and with theas.?istance of 'hiS'veir,. se-
cured the fellow, tied his hands, behind .tiiin,..arid
kept 'guard over him till. sunday, when, he wzis
F• brought i'n a chaise to Clerkenwell prison.
We hear..a great deal. of pedeStrians nov.•-a-
. days, btit do they excel the ancients ?--Philiepi'des
was sent from Athens to Sparta, and in two days ran
,150 Roman miles. Our King flenry tfie Fifth was
• so swift, that be and two Lords could take any doe
ln.a large forest,, by relining after 'it; and Harold,
the son of Canute the Second, was.so swift, that
few horse, could galfop faster than he. could'run.-.4.
He could :rutia hare to death ; from which circurn-
Stance he was surnamed Harefoot.

A- pUbliOlouSe,.in Primrose-street, Bishopsgate-
street, was brOle open rind robbed, on Tuesday
night, Of Bank-nOtei.and cab to a large amount.
Not satisfied ivith whicti, they 'turned the cocks of
the spirit casks, and Jet the licq6rs run out.
Braintree Church, Essex., was discovered to be on
fire yesterday morning, but happily the flames were
got under, and the steeple, whOly composed Qf
wood and shingle's, pmerved.

Aii IN•

wed this to be an is-
-
•
• e r Ceutt of Chancery, tor. Abe
tee owe; •-t feet, whether -a prounis-
;..• e7ew oy fte deietichiot to the plaineff,
• .se e .Id. The shdrt history.of the caie
rwee; ten,.---The - Mr, Willan, kept the Bull
and Keith inn, 'a wrtl-kootvn house in the City,
ana he was concerned in the Leeds mail-coach. The.
de:a:Klein weea brewer, at Dunstable, and provided
provender for the mail-coach horses there, as they
passed through that town to Leeds. The plaintiff
aad defendaol lead :Icel./tuns tegether on the subject
of the provender with whiclfthe horses' were pro-
vided ; these accounts were; puled monthly. In the.
year 1794 the business between the plaintiff and the
defendant was broken off, and then- thew,, was a. set-.
dement of their accounts as to this business, but; the
plaintiff had advanced to the defendant 2001: for
which -he gave his promissory note. In the year
'1796 this note became due, and an agreement teok
place between these parties in which this note was
taken notice of, but remained Unpaid. The plaintiff
had afterwarels tie mischance to lose this note, and
when he called on ti:e defendant to pay the note, the
plaintiff, not being able to produce it; and Itaving
some reason to distrust thedefendant; did nut like to
let him know that the note was lost, and therefore
wrote to hint for the payment of the sum due upon
it, without mentioning the note itself; but he could
not get it paid. Lu this situation the plaintiff' was
under the necessity of taking some means to infoiee
payment of this money by' the defendant, but here
was a difficulty. He could not recover this debt in
a Court of Law, for it had been held by his Lord-
ship now upon- the Bench, and so it had by Chief
Justice Mansfield, that it an' action be brought upotl
a promissory note, the plaintiff cannot recover the
money without producing the note, -however clearly
• he may be able to prove it to have been lost ; and a
great deal of good sense there was in that decision,
however hard it might be upon such a laintiff', bee
cause a promissory note payable to ordepr sva, a oego.
viable instiument, and unglit, although the plaintiff
had lost it, get into the hands Of a third person, who
would be entitled to sue the drawer upon it, iwo that
it the drawer were to pay the person to whom by
gave such'uote, he might be called upon to pay the
same money twice. At law, theretore, there was no
remedy for such a case as this, but in a Court of
Equity there was s—for in that court, the Chancel-
lor had power to order the money to be paid, on the
plaintiff giving to the defendant security- to return
the money in case the note should be presented by
any body for payment. The plaintiff had therefore
recourse to a Court of Equity in his case, andethe
Chancellor bad sent this case here to try the fact,
whether .the defendant had, or lied not, paid to.
the plaintiff the sum of money was due up-
on this note. The question-was now In be ttied up-
on the present aftion, to, which the- defendant had
plAided the general issue, end also the statute of li-
mitations; the meaning of v.hich was, that, whe-
ther lie had paid the debt
.or not, he had not under-
taken to pay it within six years next before the time
cf bringing this action ; but lie should prove that
the statute of limitations .slid not apply to this case,
because the defendant had said, long wiihm six
years, that he had paid the note; that let in proof
that he had not dune so, and in answer to the
letter sent to him by the plaintiff's attorney, the de-
fendant had written a-letter, Which contained the
following sentence : '
" Gentle Men, you May • assure Mr. Willan
that, on the delivery of his accounts, if any thing I
owe him, he shall be paid, but I expe& he is "in my
debt." This put an end to thestatute of limitations,
for it let in evidence to shew whether the defendant
was in theplaintiff's debt or' not. - The defendant
find proved in his answer in Chancery, that, in the
year 1796, a settlement of accounts took place be-
tween Lim and the plaintiff it the plaintiff's.house,
and that the note for 2.001. was taken into that ac-
count, but that the plaintiff', not being able to find
Wintered into an agreement with the defendant to
deliver it up to him, and caused his clerk to make a
memorandum to that pact% which he din accord-
ingly, and the plaintiff signedind delivered it to the
defendant ; .hut having to remove from Dunstable to
Exeter, he had lost or mislaid diet. memorandum.—
Now the plaintiff's clerk would swear that he never .
made any such memorandum, and that, this sum of
2001. was never an item in the settlement of these
accounts ; that it was a matter holy unconneaed,
with, separate and distinat-frotn, the business about
the mail coach-horses' provender, which was settled
monthly bet wveen these parties ; that this note had
never been paid, and that therefore, the Jury would
find their verdia for, the plaintiff.
The defendant's auswer in Chancery, was then
read, stating, that this settlement had taken place
between the parties, and that this nefe was included
in that settlement ; that the plaintiff could not' find
ir,and caused his clerk to write a n-tetnotand4ru, which
be did," and the plaintiff signed and (layered it to
the defendant,, which memorandum the defendant
had lost by moving from Dunstable to Exeter, ace.
Nathan Sill, the plaintiff's clerk, proved the na-
ture of the business between these parties to be as
the Attorney-General had opened; but that he, the
witness, was never present at any time when there
was an account settled between the plaintiff and the
defendant, in which the note of 2001. made a part,
or in which it was made a part of the conver-
eation on the settlement of accounts; nor did Mr.
Willan (the plaintiff) ever say to the defendant (Mr.
Perkin) that he had lost Mr. Parkin's note of hand,
and that he should give it up when he found it ; nor
did Mr. Willan, in the presence of the witness, sign
ar-y agreement, nor did Mr. Willan ever direct the
witness to prepare such an agreement oe memoran-
dum ; nor did the witness ever hear- of such an
agreetnent, until the defendant had. set up such a
• thing in the Court of Chancery. No pail of this
story about the agreement was here. The witness
said he knew Mr. Perkin to be a eleedy man, and
thought it likely that he w..uld take advantage of the
accident if he knew flat the • note was lost. The
witness did not know, the exact time when, it was

LONDON : Priz ted by RI CHARD HARit; u? ./No, q, 141artittt-Lmlit, 1 ovv:street ; ana I'v:3,:,!led lay \VII.: ARMIG ER SCRIPPS, Smith- Molton.streeti G tyivato .s44‘,
At tbs SuN-Opiicp,No. 312, Strascl) where Acive,liJezents) Orchcrs for ttic: Lv.ffrs tr
ot the foitor, titc. (post-paia), mot addresse.d