The Sun.
London, England, 1809-12-21 00:00:00

PO LICE.

- _
• UsloN-liAtf, Doc. 20.—IP;A: an
oflender, recently rdurned from traniportation, was
brought before the Sitting Magivrate, charged with
stealing‘a hain.• 'lt appeaNd that the prisoner was,
deteded by a porter coming out of the warehouse
with the barn under his'arrn ; the porter collated
and detained him. In his way to a phice of con-
finement, the prisoner drew a knife from his pocket,
and attempted to stab the person who had him in
custody; but the man fortunately- perceiving his
intention, threW him down, and wrenched the
knife from him. He was fully committed for
.
. _

....... _
irt.z. Shepherd, - principal - colle&ing clerk to
Nle,srs. Pigeon and Co. eminent distillers in Black-
man-street, was charged with embetzling various
sums of money, to the'amount of several.hundred
pounds, the property of his employers. He was
remanded for another exarnitimiOn.

WHTTEcHAPEL.-Yesterdav a sailor; known by
the name
.of Marl Barney, was charged by a Mr.
Smith, with wrenching trom his watch a gold chain
and Seals, value 51. in the a6t of turning- him put_of
the house of I‘lr. Arnold, the Black Boy, in St. Ca-
tharine'-,.and by a light pair of heels he ran up. to-
wards the Minories,
_and- disposed of them to a gen-
tleman's sen.ant for a shilling. conceiving them to be
a base composition, ai stated by the prisoner himself.
He was remanded tor further ekamination.

THAMES OFFlCE.—Yesterday John tPilson, a !light
watchman, on the Crafts, near Downs'S N'vrlarf, East
Smithfilld, -was charged with_ neglecting his trust,
which was opened to the river pirates; having
borne a good charaEter, his -sentence was mitigated
to one month's imprisonment in the House of Cur-
re&ion instead of three months.

COUNTERFIT PROVINCIAL BANK NOTES.

QUEEN-SQUARE.--Yesterday IFm. Morris, late a
private in thp Foot Guards, was charged, at the
above office with having tendered in payment. a fic-
titious Provincial Bank note, dated Newhaven, with
intent to defraud John Skelton, a butcher, in-Broaci
way, Westminster. it appeared by the statement
of Rennie and,Hirsr, the officers who apprehended
the prisoner, that they not only bound in his posses-
sion several Rank Notes, dated Litton, Southampton,
Westham, but also several counterfeit
7s. pieces, all of which the prisoner stated he had
received from a person at Bipmingitam,' by whom
he had been appOinted an agent for the purpose of
circulating the same. The Prisoner was committed
for a further examination to-morrow.

L .IIV REPORT.

COURT OF KING'S BENCH, Dm IS.

CHANNING V. HOBSON.

• The ATTOR NEY-GEII ER A L stated this to be an a'c-.
Lion by which the plaintiff son& to recover n'omthe
defendant the diherence, in value, arising on a cargo
of cotton, which the plaintiff entrusted to the de-
fendant, to be "conveyed riy him in a vesael', of which
he was the owner, from Surinam to this country,
disposed vf by the defendant at -Barbadoes tor an
inferior price tOliiAt winch it Would have brought in
Great Britain. The plaintiff employed the defend...*
ant to convey borne the cotton in question, in'the'
month of November, 1802. The ve&sel sailed from
Surinam on the Ist of D:cei-0b.,,r, and arrived at
Barbadoes on the 16th of the same Month: For
what reason the Learned Counsel could not conjec-
ture, the 'vessel remained at. Barbadoes till the
month- of July. Tne Island of Surinam had in the
mean time been restored to the Durch, and hos-
tilities had again broken out. When the.vessel,
therefore, was about to leave Barbadoes, she was de-.
tained on suspiCion of h ,ving Dutch property on
• board. Part of the cargo was accordingly con-
. demned, but the cotton belonging to the plaintiff, and
some other of the :property on. board, ‘vas given up.
The defendant, however, instead of proceeding with
the plaintiff's cotton to this country, as heliad
gaged to do, sold it in Warbadoes. Tne price which
it there-brought had been hande:Lto the plaintiff,
but this was greatly. short of what it- must have
_yielded in this country, and for the difference be-
tween the mo. prices the delendara was liable to the
pTAntiff,:in consevence. of the contract,. by which
he engaged, within a tea tonable time, tip convey the
cotton to this country. It would be for the Jury to
say what ' was a reasonable time for that purpose,
'and the plaintiff shonld be at no loss to shew the dif-
-lerence between the two 'sums, alter deducting all
charges.
Mr. GARROW could ticst -dispute the plaintiff's
right to recover; but his client ,was nut to this
day acquainted with the actual' amotint of the dif-
ference.

The matter was accordingly referred.
ROSE 7. BRYANT.

Mr. TOPPING, for the plaintiff, stated this to be
an action ou a bond dated in the year tlB5, for the
penal sum of 500 i. to be void, on payment of 2601.
and inleresti one year *after date.: The defendant,
Mr. Wm. tryant, an attorney, was the obliger in
-this bond, arid' the obligee was Mts. Richard Rose,
deceased, of whom the plaintiffs were the eiecuturs.
The pleas set up by the-defendant were, first, that it
was not his bond ; second, that it was paid when
it ;became due ; and thirdly, that it was paid
at some period after it was due. The trial- had
formerly been put off, on an affidavit, sating the
'absence of
.a Noble Earl, who, it was then alleged,
Was a material witness to prove the payment of
the' bond. The Learned Counsel did not now,
Observe that Noble Earl in COurt, from which
he presumed that this defence would not now
be insisted in.

The tmecution of the bond was proved, and the
indorgements on ii in the hand writing of the defen-
dant hitnsetf she,ved that the interest had been paid
up to tile. year 1793, carrying the bOnd within the
period which 'the presumption of his being satis-
tied is to be interred. l'o meet any interfnce dedu-
ciole from the circumstance of no interest haying
been since paid, a witness was also adduced.io'
spew, that the .defendant had, during 'the grrafer
period of the time, Irwin the year 1793 to this day,
been within the Rules of. the King's Bench, or Fleet

Prisons..
Mi. GARR° \Nr, for the,defendant, did not wish,to
throw out injurious refleo.tions against any at.' ,the
persons who had taken ,on themselves the manage-
ment of the defendant's inTairs. He did not see any
.aecessit), however, which could call on the plain-
tiff in tins- case to inquire into the defendant's ..situa-
tion in life, a, if he-had been so obsctue a inan that
it was not known he was an attorney ; or as if he
hat; it.ed wirhin the 'Wks of the Fleet for the.pur-
poses of isn'po:;ture. On the contrary, the, Learned
Counsel was • insituded from his brief to state, that
at the time of the defendant's affairs becoming em-

bin r:is.ied, he was a MALI' ot very considerable landed
property, and that those- ,to whom his affairs were
entrusted bad sold one estate winch cost him 30,0001.
for 13,001. He regretted, indeed, the absence this
day of the Noble Earl (Romney), who had not yet
returned from Scotland, though tie had been expect-
ed to be present at this trial. By documents in that
Noble Lord's possession, who had condescended to
becorne.one of the defendant's trustees, he should
have been able satistaaorily to establish the defence
,he was instructed to make and even in the Noble
Earl absence, he trusted he should ue anle to ewati-
lisli it'beyond a doubt. He si•tould adduce a Ge.n-
tletnan to prove, not from his own recollection, but
from a reference to his banker's book, paymtnt

to thm testator, Mr. ItQse, of a sutn,ou NL'../3yatit's

," •
account exactly coirespouding with the sutn in the
bond in'question. This again he should corroborate,
by an entry in a schedule to the dtfendaut's trust
deed, containing various sutras paid on his account by
the sang gentletrian, this very sum is taken
credit for, as paid op the defendant's account. The
Counsel tor the plaintiff had been at pains to repre-

sent the defendant as a ruined man but, unques-

xv;th.a statementof the debt in queition, now banded
to him, as due at that date. There, was also a cor-
responding-entry in the Schedule annexed to the
.de-
tendan(:: trust deed, containing an enumeration of
payments made by the witness on account of the de-
fendant.

There, was also.given in•evidence a Letter -from .
Mr. lase, the Testator, to the defendant, dated in
thb year- 1801, in which, after stating his own
poverty, he requests' the defendant's assistance'.
Mr. TOPPING, in replyt, argued strongly on the
improbability of any professional tilan, like Mr.
Leake, paying a debt secured by tend, without at
the same time having the voucher delivered up to
Mr. L's memory did not eirable him to state
the payment .which appeared in his bank book was
.in extinction of the bond in question. It might have
been on account of any Otliti transaaiun between
the parties; and as to the Letter in 180 t; • it-did not:
seem at all inconsistent with the existence of the
debt at that moment.

Lord ELLENEOP.OUGII was proceeding to express
his opinion to the Jury on the evideLce before them,
which he seemed to consideras preponderating in ta-
your of the defendant, when— •
Mr. TOPPING said, that for the sake of trying
whether some farther light might not yet be thrown
on the subje6t, he was content to be non'suited.
'The plaintiff was accordingly-;—Nonsuited.

• Mr. GARR9W then stated, that the defendant had
originally taken-outsa rule for a Special Jury,, but
had afterward,s declined summoning them. . The
plaintiffs, though Execntors,,,and therefore pot liable
in payMent of costs, bad themselves summoned the
Jury, and, now wished to throw, the expence of it
on the defendant, who was latterly content with: a
Common Jury, which, but for the ate of the plain-
tiffs 'the, Learned Judge would have appointed to
try the case. .

- Lord ELLENBonpuon said he could not inter-
fere.

We believe the Jury' were not paid.

WATSON V. SMITH.

This was an issue directed from the COurt or
1 Chancery to try the validity ,of. a policy of insurance
for 30001. by the Albion Insurance Company, on
[
certain stores belonging to the Plaintiffs, under the
firm of Gray and 'Co. 'in the Island of Trinidad.--
i The original Offer for completing. the insurance was
I for 50001. from gth January. This was 'accepted
I of by the Company, to the extent .pf 30001. at 425.
i per cent.: It was again proposed by the Plaintiffs.
r Agents, that the risk should commence on the 3'd
1 February and- the - policy was not finally uhderwrit-
i . '
ten till the fith May; when the. premium *as paid. -
! Afire took place in the month of April, and at the_
time this calamity was known in England, -the policy ,
: underwritten on account of the .Plaintiffs had not .
1 been delivered. On inspecting the policy it Was dis-
I covered that it carried the risk only from the day the
1 premium was paid ; on which a bill in, equity ,was .
filed, charging that the agreement was.either. from
i the gth January or 3d February preceding. - On this
point the issue was directed. . _
,
The evidence zias exaaly sirnilar, to that which.
has a4ready been given in, Chancery. ' It appeared;
besides, that even-down to the period when the in-
• telligence • of the fire at Trinidad had reached this
country, the exalt terms of the insdratice weie Du:
completely adjusted. On .this
I Lord ELLENBOROS.TGII turned to the Jury, and
asked if.,. they could -esteem this a complete and ii-
-nished transaction ?
i Verdi.t for. the Defendants. , . ,

Lord St. ASAPH has received a confirmation of
the los-s of the Lady 11-e!sou, of \Liverpool. Ail 'on.
board perished, including his Lordship's„ son, an Of-
ficer in the Coldstream Guards.
DA,IIING ItOBBERY.-A robbery of. the most im-;
•pudent,an,i daring nature was committed On Turs-
day su'onight, at Mr. Turner's, the White Hart inn, ,
Broad-street; Bristol. Between four,and hve o'clock
the robber first entered the bed-chamber of a gen-.
tlernan and lady, who had
,for some • time taken up
their residence at the above inn, and took from the
coat-pocket of the gentleman his pocket-book, con-
taining about four pounds, and some other articles;
also, the pockets of the lady; which, together with
the empty pocket=book, were found at day-light at
the chamber-door.-. The robber next proceeded to the
chamber. of Mr. Turner, the landlord,' who; With
his wife,were asleep--,having extinguished the ush-
light, he plundered the breeches-pocket of Mr. Tur-
ner of upwards of _severity pounds in dotes, and by
the noise he. made, he awoke Mr. I'. who exclaim,
ed that sentebody was in the room ; but it being a
stormy windy mottling, and 'quite dark, Mr. I'. did
not.discover (though he felt round the bed) that
there was any body in the room.; and from hence he
also made his escape undiscovered, changing the", key,
of the room-door from the inside ,to the outside.--
• From thence he proceeded • to a closet on the stairs,
used by the Cliamber-maid for, keeping.the linen of
the house : this place he seemed leisurely to have
broke open with a pocker from the kitchen, having
first been unsuccessful with a brush which he hat
made use of. Here he made. a pretty large havock.
among the shirtsiand wearing apparel. Mr. Turner
has offered a reward' Of • forty guineas for the appre-
hension of xhe offender;. and, we understand, that
a person who had lodged at the house for some 'days,
Land represented himself as a traveller out of place;'
has.been taken into custody, charged with having

committed the robbery.
-A. flight of eagles have lately visited• the Sussex
coast nears Hastings. . They have often been seen on
the•shore to the eastward of the town,: or hovering.,
over the stupendous cliffs between the Govers
.and ,
Ecclesbourn, or Fairlight Farm. It is supposed" that
they are of the species called the Sea Eagle, which
,are described by, naturaliet, to be nearly as large as
'the Golden Eagle. The very uncommon appear-
ance of these birds on the southern coast has ex-
,cited very great curiosity; Many of the aentlemen
and farmers, in the neighbourhood have endeavoured`
- to shUot them, from an apprehension of . danger to
their lambs 'in spring, it they should reniain there,
hilt hitherto without success. .They, have already
made great destruaion amongst the rabbits on the'
warren near the signal station, 'froth whence they:
were lint discovered by the Lieutenant who has the
Charge' of it,