The Sun.
London, England, 1807-04-30 00:00:00

NEW ELECTION.

. CHARLES jRNE:INSON, Esq. JOHN JACKS(,)N, Esq.
and the Hon. W4h MANNERS Plitunt,:iotNT, h3ve

began' a very active canvass for Dover : ilTr. ENG-.
faUHAR, the Banker, arrived QH Thursday evening
with the intention tp offer himself; but iinding there
was already 'so many Candidates, he went to stand'
for Canterbury.—The following Candidafes
for Hythe : Lord MARSHAM,. and 'Aly. GODFREY,
(the, former Members), Lord Wnerwolmt, Mr.
PI.C.MER, and Mr. Idlinim 5 Lard .111ARsnAB1 has.
since declined.—Sir THOMAS BOULDEN
and Sir TuomAs Tafooz, have started for Roches,
ter.—Mr. FANS, since he declined for Dorehester,
has been so Strongly urged by his friends to resume
a seat in. Parliament, that he will most plobably
oiler for some other place.—Mr. BYNo, of course,
starts again for Middlesex ;. and though his interest
was much on the decline, it has in a great degree re-
covered since he so openly renounced all connexion
with Sir F. BURDETT and his friends. There is little
doubt that Mr. MELLISH will be returned for that.
County, as his character is distinguished by great
private, worth as well as political integrity. 'Mr.
Patna. ventures again upon the desperate Attempt of
standing for Westminster ; there is, however, halo
chance of seeing his. Barouche and daily cavalcade.
The former is lamentably in want of greasing. Lord
Hol.vtcles manifesto, addressed to ,the people of
Northumberland, is not much calculated to increase
the number of his voters. Mr. WIIITUEEAD has
run to much the same length, in his address to the
people of Bedford, where, however, he has a strong
interest, and therefore will not probably .run to waste.
Mr. Sit4o4,,m has sliettor too much toleration to the
late Ministers with respect to the c,:use of their dis-
mission to have much chance again in Perth, and he
has declined to. offer. himself. M. WHITMORE
and Mr. ISAAC HA:VEINS 13R0V.. •NE, stand again
for Bridgenorth.—Mr.LamirroN, has offered for
Durham, :Where he has great .natural interest.—
Lord HINCHINBROKB afid Mr. W. kt. FELLOWES
confidently aspire to the representation of Hunting-
don. M. 8.,,,,5it; one of the oldest and the warmest
friends to the Con3tittition, does 'nut feel inclined
to plunge again Into ele&ioneering bustles at his time
of .life, and therefore retires from Hertford. The
Hon. Mr. HERBERT, who starts again for Hams, does
not on this occasion show the sNacity of a Reviewer.
Mr. BULLOCK anti Mr. ELIAB HARVEY renew their
pretensions to the County of Essex. Mr. HANKEY
is likely to make a powerful stand in the City of
London. His brother Alderman; Mr. RO\VCRoFT,
though strongly urged, does not come forward as a
Candidate. Mr. OSBORNE 15 again a Candidate for
Bedfordshire. Sir EDWARD KNATCIIBEILL comes fyr-.
ward again for Kent. Sir GiLataT LIF,ATIICOTE has
not yet absolutely offaed himself for Lincoln, bat
means to wait the. result.of a. County Meeting. The
Hon, I-LWALPoLE and Sir M. B. FULKE3 stand again
for the Borough of King's Lynn. Mr.6IOLMONDELEY
again oilers for Chester, and isjoinecl by Mr. DAVEN-
PORT. JAMES 'MURRAY, &q. offers for Perth. Lord
NEWARK isaCandidatefor the County of Nottingham,
and Mr. A. H. EYRE stands for the same place. Sir
Wm. PAXTON comes boldly forward again for the
County of Carmarthen: Mr. SHERIDAN, it is
said, _does not mean to stand again for the
City of Westminster. Lord COCHRANE, in of-
. fering himself for that City, has very properly
expressed his disapprobation of the attempt to ex-
tend the influence of the Catholic Religion in the
British Navy.

The Duke and Duchess of BEDFORD arrived to
dinner at Woburn Abbey, on Sunday last, from Ire,

land

• Mr. LEw•ts's necromantic Muse has so mach re-
putation abroad, that even the Turkish Ambassador,
it seems, has signified that he should be present to-
n.ight on the first representation of didelgitha, at
Dlur}•-lane Theatre.

L 411;)P:

.
Of the Mutiny :.tVeture,- 'which for danger and
for the mittsnande. of 61 interest at stake, is per-
haps uttequallkt in- the Annals of Military fievoltl,
the folk viu s the most exact Account that hail
yel'appearea ; -its authenticity is unquestionable,
the' narratio,, of Colonel GILLESPIE himself:
it is written witli.a soiAier's simplicity, in a confi-
dential letter, avd was composed with no view to
publication. To the mcr:torious anxiety of the
friend to whom the letter was addressed, in favoar
of one of the bravest of mankind, it is that the Pub-
lic have the Opportunity of perusing, th:•: interesting
statement. ~

EXTRACT OF A LFTTER Fno24 COLONEL GILLE,iFIF
To A FIELD oFFIGER, A 2ARTICULL:.! FRIEND OF

MS, IN ENGLAND.
" Madras, Sept. 16, 18°G.

",MY DEAREST FRIEND,
" I have just come doWn the country, and find a
packet making up for England, andsit-doWn to g-,e
you a hasty account of myself, and of the recent
transactions that occurred in the interim at Vellore,
whiCh I dare say you will betbre,this reaches 'you have
heard of: it has been the most extraordinary event
in the Annals of India—say it is unprecedented.
commanded the distrid of Arcot ; at fourteen miles
distance stands Vellore, the strongest fortress in this
part of India, and for that reason chosen for the re-
sidence of the captive Princes of the race of HYDER
and TIPPOO, with the two Hostages given up to Lord
CortlstWALus. ' On the morning of the loth of
July I was on horseback at my usual hour, at day-
break, with Capt. WI'LSON, of the igth Light Dra-
goons, riding towards.Vellore, for the purpose of
paying a visit to my old friend Colonel F'pNcouar,
who commanded. On the road I met an .Officer
riding full speed, who informed me that the gates of
the fortress were shut---that there was a heavy
firing and dreadful- noise within. I turned about
my horse, "ordered Capt. WILSON to reconnoitre,
and got the garrison of Arcot under arms—pushed
• forward with an advance squadron of the 19th and
7th N. Cavalry, with orders for the remainder to
follow me with the two 6-pounders, or gallopers,
'attached to the 19th. On my arrival under the
wallS, I found the Sepoya, many Mocrinen or Mus-
selmen; 'had rope in the night,, and put all the guards
to the sword, under the orders of —, a son of
TuroO,:the youtfuest of the two hostages, and af-
terwards attacked the barracks'of the 69th, pouring
in round and grape, &c. &c. nith-ruusquetry. From
the" Confasion and darkness of the night, about 6o
men escaped, got on the, rampart's and iceot their
prositiOn without an Officer, all being killed or
wcinnded, till art ived Twith•the advanced squadron..
• " It was fortunate that aftcr the first heat of the
‘ attack, the- Sepoys and -Aloormen occupied them-
selves- in.nlnnder, else the turopcans would have
been all massacred.

It was Most' critical the period I arrived at ;
the Geth had not a round of ammunition left ; this .
they called out to me.from the town, and 'at that
time the Sepoys, tired of plunder, were deliberately
forming to finish their bloody work, never dream-
ing that we Could possibly he so close at hand. I
pushed to the gates, found the two outward open,
and the drawbridge down ; the third was closed, but
sortie of 'the qgthi by, the help of shirts and panta-
loons, let themselves down the wall, and contrived
to:open elle gate from' within ; the last and strongest .
was still shut, and to force it with our means was
impossible. '
" At this instant the scene was heart-rending:
the white people over" the gateway were shriek-
ing for assistance, which was impracticable to
afford them, from the height ofehe wall, and the
strength of gate which was shut. To paint-
my feelings 'is beyond my power ; however, it
prompted me to force open the traversing wicket,
which we effeeled with difficulty, having only
Captain Wasox and abOut twenty men, the rest
of the advanced squadron being otherwise em-
ployed by my orders. , I made my way with
Captain Wilson and three men on foot to the
inside of the great .gate, with the intention of •
breaking the locks, and forcing the bar, but it
was 'too well guarded by the insurgents.- My
escape was miraculous, as the avenue was com-
manded by two guns, 'and the square and palace-
yard full of men ; I was of course, obliged to give
it up. As I returned, I spied a rope, as if sent by
Providence, and as my obje& was to join the
tietle to prevent their flagging, and to keep up their
spirits, we below contrived to get one end thrown
up, by which 1 ascended, leasing direaious for the
igth's guns to push forward for the gates, and when
arrived to wait my orders..- I found a pair of colours
on the wall, which I seized, assembled as many of
the (Seth as I could see, gave a loud shriek, and at
their head, ender a tremendous tire, took possession
of a cavalior of three gums ; I turned .a twelve-potao-
der towards the Sepoys, though I had not a round ;
which had the area I wished, viz. keeping them in
check, for the moment ; at last (a wish anxiously
expeaed, at 'a moment the most awful to be itne-
gined, on every side the enemy forrnitee
to annihilate our handful of men, about sixty in
number, with nothing- to prate& us but our bayo-
nets,) arrived the two gallopers of the 19th; the sig-
nal being made, I instantly pushed back with the
colours over my shoulder, under a heavy fire, to the
wall over the gate; I ordered them to be pieced by
Mr. BLACkSTONE, of the Engineers, so as if possible
-
to -
to strike the. great bar ; which was so judiciously
done, that the gate was instantly burst open. At.
this time the great square and palace -were full of
men to dispute our entrance. The approach to the:
square was so very narrow, that I thought it im-
prudent to allow the cavalry to charge, without first
opening the way, which I did with the remains. of
the 69tb, which I colleaed together, putting myself
at their head. This was gallantly performed, but
attended with considerable loss ; in a toy minute;
the cavalry followed--Captain SE.ELTUN headed
them, when the Europeans and Natiye. Qavalry. cut
cap about 800. e--By 10 o'clock a. ne I was in fur,
possession of the fortress, and of the family of the
race of Hyder. Had I hesitated in scaling the wells
five minutes, it was all over.
" I brought all the Princes of the race of Hyder.
and Tippoo with me here, under an escort, which I'
commanded, a most difficult and arduhus task 1 bad.
I embarked them on the 30th on board the Cullo-
den, the flag ship, for Calcutta:.

• L.11i7 IATT E, L LTG '6T.

COURT OF BENCH, Ar7:1...

The Court was Occupied the greater part of this
(hy in bearing s'pecial' argurnents'upon causes set
down fur new tvia!3, '&c. The foßowing is trie
ouly-cLlse of puntic interest ; and, as involving the
qu,:stiou of Voluntary Conveyances, is very irn-
not-t ant.

DOE V. MANNTNCT' AND ANOTHER.

This was an action of Ejectment, brought to re-
cover the wilo!,0 of certain premises in iiermond-
-5.01',. a part of -which the Defendants claimed an
interest in under the late LAsor,
About the year 1762 the brother of the Defendants
conVeyed certain parts of the estate to his mother,
.f6r her life-who, -soon atter dying,- he - made
another conveyance of the same portion to the. D-
efendants, !ii,-brothers and sisters, for their use and
I)cliedt, (Ming their lives. In the year, 1802 he-
dispos of the whole of the remaining interest in
-the premisei q;lo`tion, to the Lessor of the, pre-.
-sent Plaintiff,lnt (lid not giVe notice to hint of the
couveyance.tO his brothers and sistersi and, sooti
after dying, the Lessor of the-Plaintiff brcught
,this
netioo .OfEjeetment to "recover possesion of- the
whole of the estate. The principal ilia left- to the
Jury Was, whether .the Deed of the: Conveyance
"from the deceased: to his family was executed in
..cuntemplation of fraud, or otherwise ? And the Jury
found teat it, was not afrandulent deed. .
Mr. Laws formerly Obtaineda Rule to shew cause
why the verdict in this case should not-be set aside,
and a new trial granted -; and the case now came
before the Court upon solenni argument—the goes-,
(ion being, whether a voluntary conveyance,
out- a valuable comideratione was to be considered a,
fraud in law, and the deed consequently an invalid
inairuinent, as against a bona fide purchaser for.a full
and valuable consideration ?
Mr.' LAWS, m support -of the. Rule for a new
trial,
.contended, that from. the very first authorities,
in•tjle bbolof, kvolutuary conveyauce,_ without va..
Liable crnsideratione was always :held to be prima
facie evidence of a fr,aud in point -of law. The
conveyance, in the present, case, he- considered as
-coming direCtly within lhese authorities, and the.
legol Conch:mien drawn in all Stich cases was a con-
veypnce in contemplation of a frikud, . The Learned
Counsel 'here quoted a vast =libel-. of .authorities
of,the first, fu4-es of their time in suppOrt of this
po;jtio,l.
Mr. Serjeant BEsT: contended i-9ea -the contrary',
doctrine, as laid-down by Lard Chief Justice Hale,
Chief I;arop Gilbert. Lord
~Chief, Justice Eyre,
Lord Mansfield, and -others, and, in a most able
and learned argument insisrede that, in, point of 461,
there could be no contemplation of fraud whateier.
in this c*, the cotweyanee itself. having been. made
upwards of :twenty yeal's beforg any fraud, :'as,
again.,t the present Plaintiff, could exist. .1-Fe
rest-
er! :his case chiefly upon the number of authorities
favour outhalancing those of his- Learned
Competitor, The constriktion of the Statute. of the
27th of ;Elizabeth, and the fads -themselves ; and
upOn these grounds he supported" the verdict, as it
now stood: •

The C:;Urt considered this case of the highest
importance, as it respeCted voluntary conveyances;
and,, unless the question was solemnly-considered,
and the rule of late" perfe6tly.ascertained, all con-
veyances of this nature must -stand" in -a verrilonbt-
fui and dangerous predrcament.— FroM the great
variety of authorities cited upon both sides; and the
very great contrariety -of opinions tlittaiiied by
these, Learned-Judges, the Court expressed a desire,
that if the property was. sufficiently considurable to
bear the expellee; the case should be--put into the
shape of a special verdict, for the consideration of
all the Judges. .
Serjeant.BEST replied; that the whole of the
rents was only about 200. per annum, whiCli was
the only property his Clientshad in the world.
Under these circumstances, the Court ordered the
case to stand over for-further argument next Term.
Mr. PEAKE applied tor a Writ of Muntlamus, to
be direaed to the Mayor and Burgesses of the Bo-
rough of Carmarthen, desiring- them to admit Mr.
Skein'. a • Free BurgeSs-Tof that Corporation.-
The Learned „Counsel was proceeding; to state the
words of the Charter, when the Court reminded
' him, that they were perfe-6.4 acquainted with it al-
ready. 'He then stated that the CorporAtion .insisted
that Mr. ‘.kein's title was not regular, inasmuch
'as_ the lease and release (as they termed it) did not
bear date the Same time, because in the body of the
deed Were these words :--1--"-Inaenture of Lease and.
Italease, bearing date the day next before the day
of the date of these presents i".which were the usual
Words in all conveyances of that nature. The. party
--v..as qualified to be admitted to be a burgess in every
other respea.
The Court granted the writ.

APRIL 29.

The Court was occupied the whole. of this day in
h acing ?nd.deciding peri3nnitoly motion for new
amongAt which the following were.the Only
ones, worthy of public notice:.

SEER V. PRENTICE.

This was the case of a shoemaker who sued as a
.pauper, against a surgeon; for unskilfulness and neg-
ligence in curing the Plaintiff's broken arm --:—The
cause was tried betbre Mr. Justice Heath, the last
Assizes for Herttbrd; and a verdict obtained for the
Ikfendant.
A few days ago, Mr. GulttsrEt obtained a condi-
tional rule tier a new trial, an the grounds of mis-di-
redion by the Learned Judge, as fully reported in
our Paper bf Saturday, the 18th -inst.
..Frottvthe Judge's report of the trial below, it ap-
peared there was no evidence adduced to prove the
Negligence of the surgeon ; and the Learned Judge
said he could not try a matter so uncertain as the
skilfulness or unskinulness 'of any surgeon or phy-
perm.

Mr: Serjeant St42PHERD, in support of the ori.;
6in:ll verdia, observed, that in truth this was the
aci:on of Mr. liling,t4n, the Surgeon who had com:-
pieta! the core of this .poor shoemaker, and made
tiA. of his. name, todestroy, t be ieputat ion of,h is rival
and neighbour. Fie then adverted•to an c;ipre,sion
cal" the .l. earned Judge who tried the cause, which

-# •
rock nim wry f0re11,17,17,nd 'vas, that "
less 'leg-lige:Tee Was proved, ni) verdp could be given
to the Plaintiff; as otherwise country surgegns would
beptit in a very unpleasant predic.:antit, if they
-were to be subj•A- to aEtions for unskilfulness, -he-
'cause, perhaps, they might not perforin a cure with
as much'skill as Mr. Cline, Mr. Abernethy,orDr.
Hurne might The Learned Judge also had
said,-that it was-not fit to halanoe the Skill.ola
geon in such very nice scales ; and, tillloss actual
negligence was in proof, there was no ground to
affe& the Defendant.

Mr. GURNEY, on the other hand, contended, that
'he was not, peraii i fed to go 'into proOf of unskilful-
ness. upon, the trial below, as the Learned, Judge had
put a stop to further examination of witnesses ; and,
therefore, upon these grounds, there should be a
new trial. •

Lord ELLE:gßotteunn—“ 'I- observe that Mr.
Kingston imptited it entirely to carelesiness in the
Defendant., and therefore the evidence did not '
raise the question of unskilfulness ; and, however
may differ frort the Learned Judge, with reBpeal to
the skill necessary for a. country surgeon, the ques-
tion of carelessness came fairly before the Jury, and
upon that they were decide;"—Rule discharged._

KIRK 2/._30 EPS INIAN;i-gas., ESQ.

This- was also a Motion fora new Trial,' the
_Plaintiff laavinff, brought his a6.tion "against the. D-
efendant for fitl for cock des and ribbons supplied
to him at the tune of the EleClion fur rite liorugh
of Leicester, and of Whieli the D4enclaut contended
that his brother,. Sir William- Manners, had-guaran-
teed the payment.,
The Court said, from fh6,Report, it "sufficiently
appeared. that .the Plaintiff cOnsidered the Delentint
1)i- debtor throughout the wilsole transaetiow, and
not Sir William. Mannets ; and that the-Defendant
.seemed-tb have considered him in the same way.
The .Rule for a new trial Was consequently refused:

COURT OF COMMON PLEAS, APRIL 29.4

JACRSON V. "COLEMAN.

thii was an Action for Assan.lt,,tried the last As-
sizes for Norfolk; x!.llen a verditt of 2001: dattag,es
was found forthe Plaintiff.

Some days ago, Mr. Sedeant Set,Lrit4 obtained a
Conditional Itt'ile fora new trial, on the grounds-of
excessive damages ; and this day .INTr. Serjeant Bos'r
sheaved cause 4Taitit that rule, in support of the
verdia.

• It appeared, from the Report of the Learned Judge
who triedthe cause"; that-the Plaintiff in this case was
a Quaker, and the Defendant a Clergyman, both of
whom 'were upwarc4' of 150 years of age. Upon a Vi-
. sitatian,. held by, the Bishop of the Diocese, all The
. Clergymen of U Dioese, Trustees offthe Nor, Ezc:
dined with his- Grace, as usual upon such occasions.
Plaintiff,Z he ‘ being: one of the. Trustees of the.
Poor,:.sat two or three persons distant from' the
.Defendant; in the course of the evening they
proceeded to Wm:a& some public business, and
the Defendant was in the chair, It being necessary
for the-Plaintiff to sign some papers, the-Defendant
called to him for' that Putpose,in a :very insulting
manner; said, " He had no brains,"- and. "-he
would pull, his ass's ears," eze. The Defendant then
inquired for the Plaintiff's daughter, who it was, on-
derstood had been debauched by a pers&n• of the
name of Kendall, or Kemble, and carried info York-
shire; and told him; " he would tAkt, some of
E.-ndall's physic, it would clear hi: -brain."
Plaintiff answered, that, " If he repeated that per-
son's natne W aiin, he as a scoundrel ;" upon 11.1.1411'
the: es.
Defendant immediately rose from his seat, went
up to'him, and struck hiin_a violent- blow across the
face with his open. hantL
. .
*Mr. berjeant Sr LLON contended, 'that the first
provocation was given by the PlaintiWhirriself ;.. and
as the aaiOn was brought for an injury suffered from
blow; which was so Very tritiing,.and not for scan-
dalous words spoken, he trusted the Court would
see that this was not a case for such' exorhltaut
ularros.
_ _ _ _ _

The. Court, however, thought' the 'first proveca-
tiod came from the Defecdain ; fur, it was impossible
to say what blight haye been the insult -.inlet-14d,
in speaking of the Plaintiff's daughter, and her.se-
ducer. s:besides, -in other respeasi-the Plaintiff seemed
to have conduaed himself with great ;ten-11-Tr and
moderation thronghout the transaction ; and it was
to be alo rec4iletted,„ that this assault took place in
p' _public assembly. The best.. way,- therefore of
making this 'Gentlethan keep -the pee in future.
would be-to let tlje verdict stand as it vas.. -Rafe.
refuseci.

WHITCOMBE V. 'I,AVGHAN.

Mr. Serjeant CLATi-ozg shewcd cause against a
rule obtained in: this case'6n the first clay of Term, to
set aside the" verdiCA, and enter a non-suit. The
Plaintiff lost his mare, worth 35 guineas, by tossing
up a L-.lfpenny with the Defendant, and after Wards
brought his action on the statute of Cineen Anne,
which enaas, that any person losing above tol. at'
cards; dice, or other (4-anie.of-aances,•may recover-
the same within three moniths, and obtain costs of
suit, as in an adion'of debt. At the trial,,the. Plain-
tiff obtained a verdict, The ground for 'a non-suit
Was, that the Plaintiff had. not brought his action
within the time specified' in the Aa •of-Parliarrient ;
and after the arguments of CounSel had- been heard
on both sides, the Court were-of opinion-that'a non-
suit ought to be entered.