The Sun.
London, England, 1813-09-13 00:00:00

•
rit1111..jr311.611, SErT. 9.

AIDING THE ESOPE OF 'FitExeti
On Monday ctime, on before the High c o-urt of
Justiciary, the trial of .Janet be
Low', and James T xlop, accused of aiding or as-
sisting Pierre or Peter Marlys; a native of Franee,,
und Captain of the'ilth Swiss regiment, Charles
litein, a German, Lieittcuant at the 17th dra-
goons, and Charles Pmeald, a Frenchman, Lieu-
tenant *of the 26th 'regiment of foot, prisoners of
war, stationed at Lanark on their parole, in tit
tenipting to. nutke their escape out at' th,is
'rite prikon'ers pleaded .Not Guilty.
it was alleged in
,ttfe information's given in f,u7
the *pets; that the act merely refcrreci to the
a' teal escape of the prisoners and that if' this
ivas not effected; no crime bad been committed ;
the argument turned upon the interpretation of
the word's a escape from such prison or other
place of confinement, or front his Majesty's domi.
nions." And it was Colltelltled by the Counsel
for the prisoners, in very elaborate and ingenious
papers, that if the prisonera did not effect their
escape from the kingdom,
.those aiding and abet-
ting their escape merely front the place of con-
finement; 'were not guilty under the statute,—Ou
the part of the,proseention, it wits urged, that
the, crime was committed by persons 'effecting the
liberation of prisoners of war, whether they ef-
fected their escape front' the country, or were by
their means permitted to be at large in tile country.
On considering theseinformations, Ile Court were
unanimously of Opinion, that the indictment was
relevant, and that aiding and assisting an enemy
to escape train his place of confinement, although
he should not -escape faint the kiogdo:n, Was
a crime both COIIIIIIOII and statute la w, rat;
Judges,,,in delivering their opiaiwis tiieo;r
Meeting of COurt, evpr.bed es thentivil;est in htr p
terms with regent to
a c the
tiiut.v
oltu
sit rcounts •, still trhi: Li
the eg.,, oit; ‘sylel)ir tas
14‘t1:‘,:fliP11. Lola
Aleadowhank, in the; course of Jits observat:om,
noticed, that the inodifit mode of . war -
fare had iutqabaced the systeth 'if inibrkunutent,
in,tead metlind.of putting prigiine;•i
of-wfr to death:".and that these principles of hu.
munitv, which dictated so CNCelklit a law, re-
tltl tic;
this
ttlthtitigettiihsaitothieti,; t811)1Illene raded not tlic.l:ilittyttg)
casion, they might, if so inclined, witt,ikaw that
plea ; they both pleaded guilty to fliv. chnrge, stid.
Were sentenced to seven years tratisrn'titticku Dtt
yond seas,, tvitla the usual certifieation. -

Vaom LONDON GAZ FT sEpT.u, 1613.

COLONIAL DEM Rill ENT.
Dow ititli-trea .Sept.:7 , 1S1.!3;

A Dl3patcli, of whicTl tbr, followiky ik.,itil extract, huts been
rectived by Earl Bilthurst,.one of
Secretaries of Sta;tel frOinLicuteu:mit:Cieluxal, Sic tic.orgei

,P4-tnyt, Mat,

b.h)g.ton',,rprer'f7anittla; Jull4 141 n:
T. ha re,the honour to transtnit to your Lordship
copiiA of letter4' front 'Colonel Vincent and Lieut.-
T'Colonel liisshopp, and 1)11 the peepers accompany,
'ing them, ccritaining the highly gratifying, intel,
14;ence of the capture, on the 2,lth ult. of a body
of thb enemy's forees„-consisting of two
cers,e tiVentil-one other offiCers of different rank-,
tiventy-seven non.-etnnmissioned cifkeys, atid.462
yrivnte,, !(-)Other with .a stand of colours, and
two •
• Tfie detiiils of th',s gallant
.affatr; which reflects
so muck Credit. on our Indian allies, as well upon
Lieut. Fitzgibbon. for ,the promptitude nntl
deci-
sion with which he availed himself of, the impres-,
sion their attack !fad made upon .the enemy, will;
have no doubt, be read by your Lordship with
great.satiAiction.
Since the surprise of the enemy's eamp at Stoney
Creek, on .the 6th ult. and their slibseyient re,
treat from the Forty Mile Creek, in which almost
the whole of their camp equipage,-togethet with a
tpialitity of store's and provisions, fell into our
hands, \lei or-General -Dearborn has• Withdrawn
tee troops from Fort: Erie,' and hait;colicentrated
his forces at. Port George.. Colonel Vincent has
in consequence matte a forward movement- froni
theliead-of the order to itpport'llreliglit
infantry anct Indian warriors; who ore employed
in circusscribing the enemy, so as to compel them
to make-use of their -own resources for the Diain,
tenance of their army:
Major-General Pe Rottenburg has assumed the
command of the centre division of ,the army of
Upper Canada. After the Squadron under Corn
modore Sir James Yeo• had shewn itself off ,the
Forty• Mile Creek, which .principally determined
the enemy to retreat from.
,that position, it was
',eery • successfully employed in interrupting and
cutting off their supplies going frOm. the Genesee
and their other settlements , upon the !both-
ern shore of the Lake; .five small vessels with
provigions, clothing, and other articles, were
taken, and several loaded bouts were captured,
antt-some destroyed.

;

. .
Furty Mile Creiali; atirte 45, IE4B.
Sta.---I have the honour of t ransmitting to your`
Excellency a teport I received from Lieutenant-
Colonel Ilisshopp,commanding the troops in.ad-
vancei of the success of a skirmish with a strong
detachment of cavalry and infantry, ,advancin

with two field-pieces.
To the vigilance, of. Ligut,Colonel Bisshopp I
feel much indebted, and beg leave to refer your
Excellency to his report of the conduct of the of-
firers and wen under bis-coumand, which is de-

serving every coMmendation, I cannot but par-
ticularise. that'-of iJientenant Vitzgibbon, Arith
rilitnent, commanding .tt small re.coticiitring
party, eo.operating with the ,lticlianu, through
whose address in entoring .into the elapitaleition,
your Excellency will perceive by .Licut.-Cglonel
lihishopp's report, that the surrender of the,Anic-;
- detachment ig to.be.attributcd. J beggleave
to recointnend this,. ofiiter .to yohr Excellency's
protection.

I havethe ilormur tn!lac,
(Signed) Joitti VINCENT, Colonel.
His Excellency Sir G. Prevuxt,

Beaver Darn, `Juste 21, 1813.
Sitter-I hare the.honour 'to inforin you, that
the troops you have done me the'hononr to place
under 'my command, have succeeded this .day in
taking prisoners a. detachment of the United
States army, under the command of •Lieutenant
Colonel Boerstler. •
In this affair the Indian warriors; tinder the
connuand,•of 'Captain Icerr, were the only, force
actindlyengaaed—to them great Merit is due, and
to them I feel particularly obliged' for 'their gal.
lane conduct on this occasion.
On • the appearance of the detachment of the
49th regiment, nnder'Lientenant,Vit*giblidn, and
the light company of the Bth oelcint„e's regituent,'
the teit) • flank/ companies of the. 104th; under
Major ,De HarCIA, *nd the provinciarcdvalry, tin-
der captain Ilall, the whole surrendered to his
litTaiesty's forces..
the conduct of Lieutenant fitigibbon,
thrOtigh whose address the capitulation this en.
teredinto, may be attributed the surrender of the
AmericAu force.—To Major De llaren, for his
iipeedy movement' to the point of attack, and exe-
• cution et the arrangements I had previously made
with him, am very mnch obliged.
I !lave The honour to enclose the capitulation
entered in4.o between colonel Boerstler and my.-
sail, and a return ,of prisoners taken,.exclusive'of‘
woinided, not yet ascertained.
loAt no time. in furaiarding.my Staff-Adjutant,
• oicutonnit Barnard, to communicate tO y'ou this
itttelligence, ht. has been ptrtientarty 4ctive and
I.lBCflll to Me tipomi tin occiusleMS. take this op_
partunity of►petitioning him to you, and beg the
ttisfour at you to recommend him to his Excel.
Jency Sir G. Prevost, as an Retire, and prothising
young oflicer.
hare the honour to 'be
(Signed) .
Lit2Ut.-Cvl:csimniapiliti,; the Trotyt ill advance.
Brigadier-Geueral Vincent, &c. &c.
•

'Township of batth, Jotic,..l2•lt .1813.

De Loris this morning, about seven.,
t. received inforpiation that about WOO,
Of the enemy, with two gulfs, were.advaneing
towards me front elt..llavid's. I soon after heard
ttt tiring of cannon, and musketry, and in conse-
*loam:a rode in atlitauee. two miles op the St: Da-
vid's coati; I discovered by the living, thHt the
ttlemy tt iii movittg; for the rood Oil the mountain.
sent ofreoract iq'Kentrey to order-out my de.
taelttnent .of the-49th, consisting of a subaltern
anti 46 rank and file, and closed upoK the' enemy
to recoonitittn. .I tii4covered hint Ott the motto-
tain.road, and took a position on an eminence to
the rtglit of it. My men arrived Knd plukei.oll
is his front try int of his rutrtkat, [dodo a faro