The Sun.
London, England, 1813-02-03 00:00:00

fl:e s':l::pe of an' old Colonel : he
to under the harpoon, for he is
17a011,....-'ocaded felloWs. I have not
„,
.tue ;•,iikittinl7l,nce. NVith, or knowledge of,
kbuw you by your crest and
motto : motto, utA et• clvice; crest, a pair
cuc!;.,):11,':., horns; siiii:oniuted with a French
motto, of which tile• folios-iug tranStation was

" My ears are open, my eyes are shut,
" bums, uat.l I will not butt."
The Styr.tevroa-GeNEaAt. remarked; .that, the
meaning obviously was, that the phitintiff was
ivilling to prostitute his wife to , the beSt bidder.
He there called. - -
TillVard, who swpre, that he resided near
phi.inciffand defendant; that On t!de 19th of Sep-
:ember:3lw plaintiffat the front of his house, and
saw defendant lift his hands over rails,
ands;q, if he %you'd come out he would beat him:
plaintiff came out, and defentknt got his head
under his- arm, and struck hint sevefal blows. Un
.la's. Lutyen's corning .but, defendant. ran away.
On.bis cross-examination, persisted in his former
statement, and said, that both plaintiff and de,.
fendant used the wordi rope, and bloody
thief, or words to that effect. Ije swore he did
not see Mr. Laayenri before a blow was struck
did not hear Mrs: Lutyens call, defendant a thief,
but did heafber call hiln tv white-livered sbn-of-4
did not see her run her talons into defen-
daut'S face: saw some blood on defendant's .face,,
•but H-thought he might have scratched his tlice
withplaintiff's button; did not hear her say, go
out, be dare not touch you. There were other
persons nearer ; he was a rope maker, and never
had carders to play a particular march by defen-
dant's house.

Routh, a partner in an iron-himse, stated, that
he knew defendant's hand.7writing, hut had never
seen him write; could not say whether the letter
was the hand-writing ot. defendant ; could not
form any judgment upon it. lie '.old plaintiff he
could not speak with certainty to it.
The Suticirort-GpNzliAL then examined him as
to his agreeing with the plaintiff, thlt the capital
letter,. Were very like defendant's ; this witness al-
lowed, but stated, that although be knew that the
writing was disguised, because' it was dissimilar
in different parts, yet he could not form any opi-
nion as to whose writing it was.
Mr, TOPPING ObjeClO to the Solicitor-General
carrying this examination farther ; when the Soli-
eitor,t3entral. said, he intended it 'as proof, 'and
would, go to the Jury upon it.
Lord ELLI.:NBoitou Gii A-1 will not admit it ; the
only reason fur alroWing the re-examination, is to
refresh the recollection of the witness, but his
evidence must be the result of his recollection.

Routh.---1 cannot give an opinion.
prepemderance of opinion.
Mr. To NG, for the :defendant, stated, that
wh6ever had directed the Solicitor-General to read
'the letter in his opening, which could not after-
mods be substantiated by proof, had acted very
iniproperl : and that he should haye sunk tinder
the eloquent opening, were it nut for the confi-
dence he had' id the integrity of the Jury, who
would not allow their minds" to be biassed by any
thing which should not, liqvc bet,nt, .stated ; .and
in the jusike ancl triAlOtu of the Judge, whose di-
rection they, would act upon in point of law. Were
the letter even Droved to have beeat the defen-
dant's, he would have resisted it, as nut being re-
levant to the assault; The Learned Gentleman
then stated, that the conduct of the defendant
to, a young Lady had nothing to do with this
case but he
,couid assure plaintiff, that whcit-
ever he might wish to try the question, delenel.
ant conid defend himself against, that charge.—
Ile then went **(nigh the evidence, and hupcd
that the Jury would recollect that the issue was
to try an assault, and that they w wad nut allow
the eloquence of the Solicitor-General to weigh_
with them as to the damages.

I bare no

Lord ELLExitonourm stated, that this was, an,
action fir en Assault ; that evidence applicable to
the assault had been given ; and that other evi-
dence had been attinnpted to be given; butplaintilf
had failed in establishing it : if plaintiff had esta-
blished the letter to be the hand-writing of de-
fendant, there was not one word in it which ap-
plied to the present action ; inthat case, he %%ionic!
have alln wed it, although with hesitation, to go to,
the jury, to consider whether it, had any reference
..to the ease ; but he 4bouhl have remarked to theth,
that it was irrelevint to the CasP, and should be
'left out of thelr consideration. He told the Jury,
that they were hoUndf in discharge of theirdaty,
to attend merely to what was in evidence before
theta; for if the jury Were to be influenced by
matters not given in eyidence, there would
be no security for fireperty, nay, even for ; lifts
in crimin:ii eases; that it. was the duty of the
jury to tind SCcazadon allegata e,t prv?.,t4t. ; and to
Jay out of tla eonsideration thiags irrel.evaut to
this action, which, if trot:,, might he substantive
caused o'fott,e,. actions. Defendant might hejued
fur a libel, if the letter could be proved to he his ;
h' might be sued for the seduction, if it were true,
that he had seduced the young Lady. But these
facts had nothing to do with the present action;
it entirely depended on the evidence of Tyilard,
.who proved, that a person fiat desired to come out
10 be beaten, and he came out, and was beaten.
Verdict for the plaintiff'--Damages
he SOL4CaTO4-GLNFH4L. then stated, that he
would' not have read the letter, unless, on the
gravest deliberation, he believed it would have
'been proved. *

COAN-ExCIIANOE, FEB. Ilr,beat trade
to-day was very dull, and but barely hupported
Monday's prices, inferior samples way be cons-i-
-dered2s.lower ; Oats continue to 'arrive in °baud-
ance; litiG and middling ipialities Are lower,
and orditwy scarcely ssaleable ; of Barley there
ryas a great supply, and very heavy at the last
day's prices ; in other kinds of Grain we disco-
vered no alteration ‘vorth noticing'.

Wheat 781. CUs.
Flue dittti I,oA.
- utiv.
11.“ ley - 414, 533. 71,
1..)11t0
ilt * 9tN*
(lOW
\VlCae l',:tue 90i. 104 i. 110,,
New ditto - -
Gr,-) ditto
Ntw ditto —‘.

T lic,( [ls - 765. 76,,
Ohl elutes
Stitaii to -
Fred Oxts -
Vito. dittu - :11‘. 41s.
Poland ilitto 435,
row 4l Itr - 455, —s,
PoLltiv aitto
raw,: Seed* (per lum) 551, fkJi.
rine nurtr 105 t. 130 S.
- - luas.