The Sun.
London, England, 1809-07-27 00:00:00

'~~~'~~ ~~es

PRI:ATE CORRESPONDENCE:

Ettt,TNN. JILT b.-4 am sorry that I atn.nnable to
give so satistamory an account of tlitattle of \Va-
grant As I did of the Battle of Aspern Aus',
Irian trTys. and Pt/beers -sustained the Jeputalion
they have acrp4iredfor gallantry, steadiness; and pa-
trioti*.m. Buoriapwc, on the night edit. 4th, drew
our attention to Essling, upon which he commenced
a. turioes cannonade.' In the mean time he -threw
veer two 'bridges beyond
.Ettzeridbrif, and passed
over on our left.. We inin.tecliaiely'ntade the neces-
sary .dispositions to meet him; and On the sth a la.'.
tious contlicttook place, in 'which we were viaori;
ous, takhig 5000.4 the enmity prisoners, 12 eagles,
nod to pieces of cannon; night put all end to the
combat ;• to be renewed, however, with more fury
en the folidwing day..,.Buonaparte had assembled
ill hiS' W64;1).8 fildni all quarters. ,The Archduke
Charles had tonted the Archduke John to join him
with his• troops; if he had, 'we should have' been
able to gi‘d. at good an account alibi? enemy as we
did 0 the .e2ist and 11J of May. lii the early part
of the day on 'the 6th, we bad .tlieadvantage; FiUr
centre and our right wings did wbuders,atid we had
nearly, by outflanking the left wing of the French,
and getting to Aspern, *got between thern'tild the
Danube. Buonaparte sent above Ibti of can-
non to the centre, which opened a tremendous fire;
that mowed down our rattlo; and. Made the men
give way. However, they recovered, and every
•attempt of the French cavalry to break the centre;
and c.et in our rear, was rendered abortive; hut' the
Generalissimo, despairing of the arrival of the Arch-
duke John, and the enemy being superior in num-
bers, thought it advisable to order -a retreat towards
the afternoon. It was etrecled in the best Order, our
'cannon, atiimunition, and magazines being all car-
ried otl The loss in these two .battlet was much
greater than in the baffle of Asperu ; each side lost
as much as both together did in
.that battle.- It was
a most tintortvinate circumstance that the Archduke
Jeitiro d'id.norjoin us ,We learn, that Seeing Eugene
BokAuiwnois retreat from die. Raab, he went in pur;.
bolt of him. It is reported here that be has been
jobed by G.reral And Count Gutlay:—
We- had 'two Generals killed, GcLeralsAusperg and
Irii,rtttan; they are-Mach regretted, 'la they were
excellent Officers. •

LAW REPORT.

COUgT OF COMMON PLEAS, juLy it.

WILSON V. TUILNER.

'This was an glion for false imprisonment brolight
against thedifendant, who is'iGela!email of some
property at. Blaick heath,- and who "was formerly a
Captain in tla.--East Loudon Militia. . -

'Mr. Serjeant Cocitzt.l., for the' Plaintiff, stated
that his client had endured the greatest distress
through the conduct of the Defendant, in. falsely
swearing a debt against him, 'and afterwards con
fining him in the Poultry Compter, where he re-
mained twelve months without -any other assistance
than the jail allowance, arid the scanty contribu-
tions of ills. triendc. The Plaintiff was not even
ktiown to the Defe• claw,' nor bad he any transac-
tionior coreelxinderice with him' in his Me. The
Plaintiff was acqnstinted with Johnson the smuggler,
and bad some dealings.with him they afterwards
disagreed, and Johnson in February 4805, arrested
him-for 10601.•Whea he did' not owe him a single
farthing, and he afterwards brought an aaion of
fake imprisonment against -Johnson and recovered
damages. •Two days alter be had been arrested by
Johnson, Turner obtained a writ against him and
JohnsOn jointly, for
.7401. and lodged a detainer
against him' for that amount, but suffered Johnson
to remain at liberty. He never wou►d proceed to
trial, although frequently called upon to do so, and
the P;aintiff was at last discharged by a super-
sedeas. • 72

Several witnesses were then et'amined, who I
proved the Plaintes confinement. at the suit of Tut,
ner, from the inch of february, .1806, to the-16th
of February, 1807, that the writ was issued by an
attorney in ltood-llne, jointly argaiti'st the Plaintiff
and Johnson, but that the Officer was instruaed to
arrest Wilson only, 'and to let -Johnson continue' at
large.
Mr. Serjeant SHEPHERD, for the:Defendant, de.
nied that any malicious intentiowebtkld'be imputed
to him for what he. had done.";ll94'rs'el was, that
Johnson and,Wilson .wele partners iii the hail anchor
trade, and Johnson being 'indebted to
.hitn in 7201,
be though hiniseff-entitled sto:i)isne. the writ against
him. and .14is partner for: the amount: The 'learned
Serjeant thee read a letter dated it; 1799, from Mr.
Wilson tO Mr. Aviugdon, (which was the name'
Johnson sometimes went. by). desiring an arrange:.
mentof'theitmffalrs, and adissolurion of the partner-
ship. That letter, he
(centencleo, was a.proof of
their partnership, and that the one party was liable
for the debts coetratiled by the other. "He also stat-
ed, that the Defendant was not in a condition to pay
large damages...
Serjeant COCKELL made a Must animated reply.
The Plaintiff's letter to Johnson, he remarked, was
proolej a partnership, but merely that acorirrec-
tion-subsisted between them seven -years before the
alleged Cause of action was stated to have taken
place, and which conneaion had redUced the Plain-
tiff to misery,, in all probability for the'rest of his
c.
life. Fee 61114 not undertake to say what the De-•
Pendant's circumstances were, but if peor, from his.,
condud towel-cis the Plaintiff, he ought to be made
to feel the :maxim of law, that those who cannot
pay in their purse,.must pay in:all-tit person.
. Sir JAMES MANSFIELD recapitulated the evidence,
and stated, that there was no other mode of proving
a tualiciolis intention or arresting a maw than by
stating that be owed nothing, and that no attempt
bad bean made to prove a debt. The Attorney who
'bad ailed for Johnson, and,wbo arrested the Plain-
tiff for the Defendant, might explain the transaaion,
but the Defendant's
.Co.ensel did not think proper to
call upon him or Johnson, which he could account
for by no other reason-than that. if, they appeared,
they would make the case ten times more black.
The Jury deliberated a few minutes; and brought
in a verdid for the Plaintiff—Datnages 20041. being
the sum at which they were laid in the declaratiOn. .