The Sun.
London, England, 1807-11-04 00:00:00

IIESTEItPIELD, Nov.

A dreadful ,cirCurnatance --took place in I his
torts .on .Friday,evening French Prisobers
,had arrived. here a few days back 'Oil their panale,
'and' took up their abode at the Falcon Inn, where
they remainectAtfring three days, when having' pro-
,cut:(l iodingsi. they 'returned to !helm); to discharge
thcir hill, when one of them, a Colonel in, the
• lir...;och army, • and Member of the Legion; of
. "Houunr,•discaV4ted hi strong box. to have. teen
°niftier] *by a false key, and his
.propextyi to .the
ia;ueuat 91-.ia thousand pounds, besides plate, Jewels,
and other valuables to the further amount of five
,likindr,ed pounds, stolen. In' a strange country,
withent either. friends or money, and a prisoner, his
situatinn may be easily. conceived : his only resource
in thin distressing dilemma WAs an application to• his
I.olo‘‘f traveljer, (who also possessed considerable
Property), from.whorn he obtained the loan of•tw9
itutidred, pounds,. On 'application being made to
.!,14'Coinmissary for French Priioners, a statement of
. the was transmitted to the Transport Board;
acid an immediate search was set on toot for the
dete(tion, and recovery of the unfortunate Gentle-
-liiatt'S4iroperty. Having been-delayed on his Jour-
Ley from the coast, by indispdsitiOn, at Athenstone,
in Warwickshire, the Agent employed in this affair
.t)aturally supposed the property must have been
purloined during his c.onfinement At the. Inn, where
;.,the. Colonel and his friend had been detained. The
servant liaving been examined and proved innocent'
,9f•the charge, it was suspected, from the evidence
9f the chambermaid, and many circumstances whiCh
she tehtted, ,that the Colonel's supposed friend bad
ewitnirted the robbery. A search was then made.
.
a Nivate.place belonging to the house, and a
handkerchief, containing a pocket•-bpok with French
Paper-money inclosed to . the amount of gool. and •
tiveral other articles;, were found, which put the •
Ittankr beV9nci.all doubt.'
Ihe Agents, accompanied by, the .Landlord of the
proceeded to Chesterfield, and with the Magi-
Ltr'!k• Commissary, and Constables' lost no time in
"O
'ng on the suspected person, who, as soon as he
l'eognizt'd the Landlord•of the Inn, betrayed evi-
dent tnarks of guii.t, by an immediate exclamation of
r,"l,-Olt have business with me, I suppose ?"7--The
being sent for, and having clpseribed the
l9vl et hook and its contents; it was produced, and
lontiti to-answer his description. During the exarni-
",'4,44l, in which the prisoner made a full confession.
oguilt, and iufornied the Colonel where the rest'
(),'his -property was to be found, he was observed to.
9L"e a hOttle from the mantle-piece, and repeatedly
e, drink 4f the liquid it contained, which was by
gte Gentlemen present snepOsed to be tincture of
''enriet, or Some cordial, but which proved to be poi-
L:4l. Fearful of this failing in its effect, the wretched
;:1311; driven to desperation, atteMpted to seize a case!
'.4ite within hiS reach, but was preventej, In a short;
" ,ate the poison beginning to atleds hiM, medical
';;sistauce was'immeniately procured : but every at-
leis to make him swallow, or tiass any thing down.
threat, Was fdttnd imposs4ile, 'froth his obstinaey,
'1(41 surprising strength. Between the paroxisms of
remorse and pain, he appeared calm and colle&ed,
and t'eque'sted pen, ihk, and paper, for tht purpose
of making his will, which he adtually completed,
''..lllaN 'lnt obtained forgiveness of the Colonel, whose
4CtrOW on this melancholy occasion did honour
}b'11(11.1)is feelings, and ,reCortunended- his %Vile, and
'96 to inh proteClikih, Should lie return to his
ttatise ,
„ ii.9ontry, he suddenly sei;ed a knife •i.vhiCh
muollserved on the mantle piece; and plunged it
Verl, inches in his left breast. The unfortunate
12?rtdi) suffered the greatest agony for several hours,
"n.. then eXpired:—A Coronet's Inquest was this day •
:!;!(1 on his ,tiody, and the Inrylreturned a verdiettif
uff /Warder. The deceased was immediately placed'
shell; and buried On a waste piece •of •grontid
;‘,3r !Pu.. tOWIL--41ie deceased was an athletic, band-''
:I' it is said, that he has left a: wife. and •
i; . He W:l3 taken bra privateen
noin abroad, where it was tinderstood he had
";•`lliireil considerable prOperty, lie was-op terms
Piirt4:ular friendship with his fellow prisoner.

week as a Gentleman was rilaying -in the'.
eru'tliug (m a piano-forte, at a lieu. se I_ll. the
room, ci
1-,114,, ruffian threiv brick-bat into the
%14'. front, its diredtion, was evidently aimed at the
hut' vbrille•lv was fortunately 'diverted from
I.‘„sajrse by the windoW-fratrie. The Malignant
-""3ni11 WllO committed thii outrage has not yet been
discovered.
A few days
ago were found the skeletons of 100
•NI bt'Llies, in a field adjoining to Cheltenham,.
u", a knife lying by their side the skull Of
1r c'
suPP6sSd to be a male, was upWards of a yard
e
111. the rest of the bones. They were about two
eet, below the surface of the earth, and wet dis-
vered
. Some bricklayers, while digging the
pludatlon for a house.
' 11; The violent storm of wind-and rain, which hip-
eued about three o'clock yesterday morning; has
lac rt Produetive of much injury on the Thames. A
be lighter and a barge lying off Milibauk broke
r6tri their mooring's, and drifting towards the yerry,
got sfzveral. wherries. A small pleasure boat also
itTt adrift apd went on shore below Battersea, where
tuk/ now lies full of 'water. Several accidents oc-
i.,er,r,ed to the stage... Coaches coming ,to town, the
i,ting storm, being so boisterous,' that the coachmen,
Cl - net drive their horses. A pauper, who had.,
ya 74 shelter in a dilvidated shed .near the cow...
coo cat, Ishb'gton, being compelled to run out, the.
' ''Lliag in, tell into. a pit made for
,breWers'
th:141.. where he remained, dreadfully bruised,' till
Tde.‘"tel),, being alarMed, went to his assistance.
"ow lies dangerouily ill.
Earl ,
dress } yesterday morning the body of a get tee!-.
the wan' was picked up floating in the centre: `of
river below Chelsea Reach, and in his pockets
s_etTlrc taund seven guineas, a one-pound, note. and
allae silver, and also a pocket-book.. The.budy, to
.iPearance, had been several days in the water,
was manifest, by a letter found in the pocket-
tLel that the deceased was alive oil the 2tith 'ult. as
tilan.tter was dated on that day, from a respettable
relatityll„'4l4lloPgate-street, of whom some particulars
1 Nati ,t° Intn were obtained. The unfortunate: 3 WM)
.'l(3)t}i itt (,"8 all °fixer on hall-pay, his`left. apatl.7
k-010,pton-street on the 2tith Olt.-and said
t he
4,1.ir Air aS going to Berkshire to settle SOMe'rnpagy.
ta411(11. 4" consequence of the receipt of the letters,
Fol 14." book.. The.name of the deceased was
and,' .
was untuarped.

IP RP, P 07i71.

COURT OF KiNG's BENCH, GUILDI/11.L,

TIJESDAY, Nov. 3

sturru v. SCOTT.
ThiS: Is the long-depending cause of the West
India Dock Company. When it was called on,, it.
appeared that only three of the Special' .Jurymen
were in attendance, on which . the ATTOH bigy-GE-
NERAL declined praying a ta/isi a; it was a cause' Of
• such' immense itnportance; bOth- to the Company
and to the Public. Some idea may be formed of
the magnitude of these concerns by what has ,been
already disclosed in the course of the legal proceed-
ings we have had occasion to detail in one. Paper.
A shore time since, we gave the particulars of an
action for lighterage of Bd.• per hogshead, charged in
certain cases of shipment. The result Was against
that great commercial institution, and we are in-
formed, that it would make a' difference in their
'annual receipts to the extent of 150,0001.
WILSON V. THE LONDON ASSURANCE COMPANY.
This cause was deferred, on accouht of not hav-
ing a sufficient attendance of Special Jurymen.
HANNAM V. HURRY.
After this cause had been opened at sotne length,
by agreement between the parties, a verdid was
taken for 9001. and the quantum of damages was
referred to the Foreman of the Jury.
RUCKERS AND LUSHINGTON V. JOHN AND ABRA-
' HAM ATKINS.
The Plaitatills are Merchat its, at N 0.29, Mincing-
lane ; the Defendants are Merchants, at No. 7, Wal-
brook. The former are owudrs of the Ship Cho, and
the latter of the Anna Maria Catharina, both in the
West India trade.
The ATTORNEY-GENERAL stated, that this action
was brought for the damage done to the Clio, she
having been run foul: of by the Defendants' Ship..
They were both destined to the West Indies, and
having sailed from the Downs, had reached Ports-,
mouth, where the Captains had both of them re-
ceived instructions from the Commodore uqder ,
whose convoy they were to proceed. They after-
wards went to Torbay, and the accident on which
this suit Was' founded; occurred as they were leaving
that harbour. The whole cause would turn upon,
thelad, Whether the Captain of the Defendants
had faithfully observed the seiling instructions he
had received ; if he had acted consistently with them,
the Defendants were not liable; if otherwise, they
must be responsible. The part of the ingtrUCtions
to,which the Learned Counsel referred, he would
take the liberty of stating : to guard against the
dangers of Ships falling on board each other, it was
ordered that the Skip on the starboard tack should
i keep the wind, and that the Ship on tithe larbOard
tack should bear LILL
AThe models of two Ships were produced, to as-
sist in explaining the respedive situations of the
vessels.)
The Clio was on the starboard tack, and the other
• on the contrary tack, both 'of them crossing to op-
posite sides of the Bay. ln.this position it was the
duty of the coodnators of the Clio to-keep the'wind,
and of the Anna Maria Catharina to bear up. The
latter did not conform to the,instruaious, notwith—:
standing the whole crew of the Clio, excepting the
man at the wheel, called Out from the forecastle to
warn the, crew of the other'vessel to bear up. The
consequence of the, negled was, that the larboard
bow'Ot the Clio was driven in, 'and damage was done
to the vessel in other rospeCts. Never was a plainer
case statedj and the only question the Jury had to
decide was; if the Defendants under, such' circnin-
, stances were answerable. 'The Vessel which bore
tip in such cases Went out of her course, and lost a
little of her'way ; and, on the contrary, that which
kept the wind, preserved her direction uninterrupt-
edly.- It wasnecesary, therefore, that some rule
shduld be prescribed by which mariners should know
with certainty which ve4.4..5i was entitled to retain the
benefit of the wind. Tile Learned Counsel could
form some idea of the defence inteoded, because a few
witnesses of the Defendants had becu examined upon
ititerr. ogatories; argil: ha had seen the proceedings
under the Commission. One of these -witnesses
had said.that the, Ship 'Anna Maria ,Catharina was
working. out of Torbay, and that she missed.stays,
although every exertion was used to. put her about,
and beitig-thns,Ungovernable, this, vessel did not fun
b ill ofthe Cie, hut the. Clio ran foul of, the Atind
Maria Catharina. All his witnesses would agree
'that the ship of histlients wat on the starboard tack,
And that of the' Defendants on the larboard tack,
Jie should proce'ed. tO the proof, andttpen no doubt
would femain on the minds of the Jury.
Captain' John Ferguson, who commanded the
Clio, Said, that hes:tiledin, March, ifBo6, bound
for Tobago, under convoy of the Cerberilis, Captain
• Sellon, from WhoM he 'received his sailing instruc-
tions. He-saW the Defendants' Ship tit half a mile
-distance; as they were leaving Torbay. He hailed
her, as Me bore 'down upon him, bet rya-attention
was paid, to him ; end the consequence was, that
she ran aboard of him, and.his Jareoard bow was
stove in.
Johhson and Dennis, .two Mariners, deposed to
the same effect.
The sailing, instructions were produced; Eiid being
,read in evidence, appeared to be confortnable to the
statement of the ATTotttiy GENERA"
Mr. said, that if a verdict, should be given
for the Plaintiffs, the Gentlemen of the Jury would
be spared the trouble of ascertaining the damage, as
the parties had agreed that it shoUld be Settled out of
Court. He admitted the instruetions, buteontend-
ed that the accident 'arose from a cause which the
Captain of the Defendants' Ship could not oontroul,
his vessel having missed stays, and, in consequence]
become ungovernable. • It was a Dutch vessel, and
theretbre not so mauageable es ships built iu British'
docks. •On account of her aukward constru6tion, it
was necessary that 'she should make an additional
talk, to extricate,hersellfrom.the harbour, which,
by the inspe.dion.of the map, would appear to be of
difficult exit, in:prOportion to its convenience and
security in of lienlpspeas.
Captain loiod4ey„ of the Anna. Matia Catharine,
,deposed; that his Mate. having sung out that there
was a Ship. on his lee, he catne round, and hallooed
to. the Clio several :times, " Ship a- ; your
boy put
-helm down.'" Twelve men were on deck. He said
to. his people, " tlhat man must certainly see I
am not manageable, and he. will not put 'his helm
.tlOwn."

. .
13cittgcrosslexammed ATTOR,REiGVSE;•
.1;;A:i he said, that he had find that the
Oh, came to him, and bore down upon•birn in that
situation. • At first he put his helm dOwnin stays,
awl when she bad stern way, he put her helm up:
When he Was pressed as.tplliecaaSe of the accident,
there was some ineonsisteney'between his testimony
in Court, aii&the contents of•ti letter he had written
on the subleci.
Paton, the Mate, and Neal Sprrtgg, a Mdriner,
were next 'examined and after a short observation•
of the CIiTEP RISTICE, a verdict was Inimd for the
Plaintiff, the quantatu of damages tobe determined
by Mr. Dollaitd,. ,

BURDON V. THE CORPORATION OF THE ASHBY DE

LA ZOIJCH CANAL.

• , .
The ATTOUNEY GEI4ERAi. stated, that this was an
aaton for money lent upon interest, to the amount
of 56001. for the use of the Corporation, kle said,*
that under a particular AEI, the Proprietors Were
enabledao borrow mbney on terms which neither
individuals nor Corporation's , Could do without the
Legislative sinaion. A Statute of 34 Geo. 3.•eri-
powered them to raise, by subscription, for shares
in this canal, 150,03001. and further oti loan, at legal
interest, upon mortgage or otherwise, 50,0001.---
The Act pointed out the nature of the security, and
supplied the copy .of the form of deed to be given
in such cases.- The mortgagee was to have a share
'of the toll, without any preference with respect to
the time of the mortgage. The ordinary situation
was, that each mortgagee had a preference accord,
ing to the priority, of the date of his mortgage.—
The Plaintiff was no mdrigagee ; he brought lais
a&ion fiat a Cornmon debt, and the Learned Co' un-',
sel would state the circumstances under which, the
advanCe was made. The affairs of the Coinpauy
were under the management of a Gentleman named
\\rum, who was partner in a Banking-house. •The
Plaintiff happened to have a Bill for .5,601. upon ,
the firm, Mr. \YAKS proposed, that if he had no
other employment for the money, the Plaintiff
should advance it to this Canal Company, to which
the latter acceded, on condition' that he should have
the money returned in thirty months, should he
give six months notice prior to the expiration of that
term, Mr. 'MIAs assented to the proposal, and
not only the Committee of the Canal Company, hut
the General Assembly of Proprietois concurred with
it. Mr. Burdon, not obtaining his money accord-
it to the. engagement, brought his aCtion against
the members of the Company to whom he- paid, it,
and, under his Lordship's direction, was non-suited.
Notwithstanding these engagements, both of the
Committee and of the General Assvmhly; he was'
told that his special conditions Were of oo value,
and that he must come in pan passu with the rest
of the creditors. A doubt might arise; 11 an action
of debt could be supported against a Corporation.
It a Corporation be indebted for money received,
that in some legal way it could be re covered from,
there could be no doubt. By the Act to which he
had referred, the CoMpany was empowered, to give
a particular form of security hut the money not
being advanced, in this initance, on these terms, it
was a dry unqualified debto for whieli it must be
reSponsibie.
'The receipt was now read by Mr. LowToN, dated
the tith of November. 1. R 051„ which '.was in these
words—" Received of Alexander Burdon, Esq. the
suns of Five Thousand Six Hundred Pounds on
.account of the Ashby de la,Zouch Corporation, for
which the Committee propose to the General As-
sembly to giVe him a security on mortgage of the
toll; with .an optional advantage agreeable to an 'H
order on their books this day, and to be paid five
.per cent. interest until such security be given."
Mr. Mammock and Mr. Pinnock, Clerks of the
Institution, stated, that the money had been re-
ceived, and about 30901. had been repaid.
After much interlocutory matter, with the Con-
sent of Mr. GA allow, CQUllsel tar the Corpdra-
tion, it wits determined that a verdid should be
taken for 26001. and interest, that .5001. should be
repaid in three 'Months, and that the remainder
should be discharged by, instalments at one and two
years. 77 •

SAMUEL. THOMPSON V. RICHARD WILLINOTON.

The Plaintiff was a inerehant ii the East. Indies,
and, since his return to this Conntry,',..has engaged
a part of his capital in commercial speculations in
articles principally of Oriental produce. The I:)c
fendant is a Cotton:- Avila, or Broker,
.at Man-
chester.

Mr.,GAttnow, for the Plaintiff, stated; that his
Client's demand extended to two distinct items : •
the sum of 2031. 6s. 2d. being the balance of an 2C.
Count current;. and 2091. Bs. gl.for a loss arising on'
Surat cotton, under circumstances he should
plain :--4\linetp.one pounds five shillings had bean
paid illicit:mut by the Defendant, which' would,'
of course, be dedu6ted front the ' verdiet • The
Plaintiffbad sent tb the Defendant between' fifty
and' sixty baga of Sutat cotton,'• to be sold by the
latter, at Manchester, for account of the fbrmer.
-On the - 40th 'of 'November, 1805, an offer was
made of I4d. per lb. for these cottons, by Mr.
Roberts, through' the medium of Mr. Hughes, the •
Agent of the Defendant. The condition was,
that time should be given to the Defendant to
'vrite to his principal, the Plaintiff, and ,if the Plain-
tiff, by return of post, acceded to the' offer, the bar-
gain:.*ras concluded. The Defendant negleaed'i to
write on the daY of the proposal, and it' was sin-
gular, that although he wrote on the following day,he
never mentioneathe 'offer to Mr.Roberts,but'observ-
ed to the Plaintiff, that his cotton might obtain, t33d..
or 14d. if the market should not decline.- The Plain-
tiff would gladly embrace the, proposition, had it
been known to him ; and Mr. Roberts considered
himself to,be bound, until the course of post
which he could receive the Piaintitrs'determmation,
should haveelapsed. 'Such Wert -the faas :which
,the Learned Co-tinsel would establish beyond the
possibility of contradiction, if his instructions were
cone& :; .and if he were So far sttecesglid, Client
would be entitled to the verdil of the Jury.
Mr. Martin, the Clerk of the Plaintiff, 'deposed
to the cotton bent to the Defendant for sale:

Mr. Roberts, jun. gave testinidny to the offer he
matte to Mr. Hughes, to impart to the Defendant,
for account of his uncle, Mr. Richard Roberts,
with the condition of waiting the return, of post,
as stated in the opening. Being questioned by his
Lordship .as to the agency of Hughes, the wit-
ness said, that, ite und,erstood he a&ed for the De-
fendant, and had transaaed businos with him se-
veral times,

. . . .
Sltrl, that ioe c6Con f;:t.
which Y.:as made. at- Nri.. ‘Vas sold YIN!.
; A 1.11;1; the, ditference to the proclf,Eck cif-
the rutin( I', exclusive of interest, ..ayas
The A., :o.tul.F.Y-GENELAL, tOr the- Defendzlnt.,
said, 'that in a case of this interest war liet
due,becausethe damag-es t. tot . If
rt
Jury, for iiistance, gave-a verdict 'that a titan, gay
101. for obitruaing a water-course, from icaving
Louise toaterials- it the channel, or Any other cares..,
the interest was not to be-chargeti upon it. •
Mr. GARROW replied, that this was different froriF,
the case suggested of a water-course; for, in this
instance, his Client ought to have had the tnoqei iii
'his hands.

Lord ELLENECAOUGH observed; that it would
have borne interest to the .Plaintitt: It was'usnaltr
not taken into consideration, but he shenld ieave it

to the Jury: • • " • _
Sev6r6l parts of the corresponderice between the
Plaintffaud lilendant, were
,next read, :11.,Iparticu-
larly. a letter of Ihe sth of Pecemkr, t RQfy, wherein
tly.: Plaintiff desired the Dereirimt to the cut toils.
for the best price he dould obt. iu, whatever it might
I,le-va., sick of

.
The.A.TTORNRY-GENEWAL, fb tit Deetidant, iatd;
thlo all ernbarra,smentwas now removed (lt 'Qf the
Case, the Plaintiff 'having abanclaM-td his claim with
regard to the deticiency-of weight arising froin a misl.
-take with respect to fiV& bags, ti?r Which, 'in
he had received .the Juoney, There was a chafge
fur warehouse-room of 37i. Hs. which it was said the
Defendant ought not to Make at conclusion of:
his account, because he had stated no 'Stich claim
before: , TherGeotldnen of th,t'jury would imme-
diately see that the course of business was nor to in-
.troaace this charge, in the'progress„, 13,.tt at the lei -
minatien of such transactions.' The offer of Roberts
involved the principal'quesiion in the catise. This
proposal was made'.-to Ilughes, • and thefe was W.)
evidence that Hughes atted in the capacity of agent;
excepting the testimony of Roberts, who said
that he had 'seen- fitt,ghes transactingbusiness for
the Defendant, !but to u. hat extent, and under wlot
authority, he did, not know.. Tho only way in
which he could be informed can this subjed was; , by
dire & inforination from the Defendant hanself; and
it did not•appear that he had any interceurse with
the Defendant. It was clear, that in point of ta6t,
Hughea had never communicated to the Defendant
the proposal of Itoberts, and therefore, personally at
least,- the Defendant was guilty of.ne negle6t. The
truth was, that Hugheawas no agent for the Defend-
ant; he was merely an Occasionalassistant,-as appeared '
.by the contents of the let ters w hich IlUghes had signed
in the harne of the Defendant. • There was another'
consideration of importance : his Lordship would tell
the Gentlemen of t l,c Jury, that the offer of Roberts
was not bindiq Upon lino until the terms were ac'
celed to by tie priujpal. .
Lord Et4,F,oao;l'ou'oft said, that if the party tbr-'
bore to sell in' the interval, it was a good constdera- •
tiro, and would take it out of the nuduni pael6n.
The ATTORNEY GO,NERAt. replied, that he should .
think the.contraet would be %oid by the statute of
frauds.

Lord ELLitt4aonoucu resumed, that this Was not"
a 8416, but a conditional Sale it was, however, a t:;:ke
point, and.his LOrdship thOtt&h,t, right to intimate'
to The Learned Counsel the iMpression of his diind: -
It was not a sale, but a contract for,a sale, and tliere
was a. consideration for. the': forbear:o:e. But t‘hei
main pbint was, if" Wt.ve, such an agent lii
Would. render the Defendant liable. There Wits.ati.
other luestion of. magnitude, whetherthe
Would have acceded to tits: proposal had it been com-
municated tothillt ? • •
The Avroan6:-GENcii here commented On
the various parts of the, c(,rrosporocicnce, •
that the Plaintiff at that thud would not have•aswizt-
ed to' the '0ti11.)1,4464-.'fhen recapitulated the thrce.
heads of hip•-argurnents,:--,i. :That Roberts, under
the circumstances, was,uot bound: to wait the an-
swer to his Own of r. 2:- That Hnghei.
suppressed the particulars of the offer, the Defendaii ,
was not answerable. 3. That• the Plaintiff Winitd.
nut hay.e accepted the proposal J. and that;iherefbre,
in any event, his Client could not: be.re3ponsiblec
•Lni-d ELLENIfoIIQUG4 stated the questions. before%
the Jury: first, it Nvarehbuse,rent were to be charged;
and. his I„.ordship saW no reasbn why it should be
eluded, unless the' 41.iendant received,•an ettraordi-
nary allowanc 1?y ye4y„, of commission, or in some:
other forM? The nekt inquiry was, whether the De-
fendant, ernploY6irtig'facaor o(briiker, werpguiltrof
a breach of hisaitutylin not kcepting the offer of 14d.,
for theSurg qmton, or communicating to his principal'
such a. proposal f9r his determination ? This in-
volved -another queStion, 'whether- Hughes were.
competent to receive such an offer for lite' Defendant,
by the authority with which he was clothed.. tHis
Lordship entered into. the progressive correspond-
to sheW the ot tent of the agency of Hughes,
coupling this evidence with the testiinony. of Ro-
berts.) . , , , •

The CHIEF JUSTICE concluded with remarking,
that if the Gentlemen of the Jury we're clear, trorn
the,testitnony, that the Plaintiff would not have ac-
cepted the propoial 9f abberts, it would also appear
to them that the Plaintiff Was note damnified by his
ignorance of the otfer.

TheJul*, after roiring for about two hours, found
the verdict for the Plaintiff 3574. i 94. 41..

The rage toHpurebase ‘y hole Tickets, in order to
make a viind push at the 40,uoCil. Prize, deter-
minable by I)‘e Fir3t-d raw n number bir Friday
has extensity ely commenced 'among all the 'higher
classes of adveotiners since. Friday last. ',What'
Tickets of this deseriPtiOn may yet be
,had, wc prQ,
tend not to say ; bat thus much is 'evident, ritat
such as wish to purchase Shares must be. speedy, or
another day or two will, to a moral certainty, unit
theny of all chance of obtaining them.
Conti EXckIANGE, Noy. but a
short supply of Wheat to-day, the sales. thereof are;
very heavy, and nearly at last prices ; Barley is ra-
ther lower; Malt 11S. under—fine new, about
80s, per quarter.; White Pease, at less Beans and
Oats aro in middling son upply, both Monday anti
.to-day,these articles lather higher ; Is'lour ,lower
tine American-„keeps rlce, 345. to 375, per.bar-

Wheat 37s a sos 3 bas ad 'Tick ditto (du.) sad& a 58s ad
Fine ditto , bo ii.t;,ss ad , Oats - 244, Aiii; 4 y3s, ad
Rye . . 1,0 a .}is od I 1.)01314,1 ditto 34s a 3S°, 6.,c
burley - 1 39s 2 451 i Qd 1 Pol4loe .. .. .-- A 3,., at
Ma lt . . Nis, a 74 act, It3pe-Seed -. 2Zi A 2.0 c,-. %vitae pene 120 a ;kit orl .1 -Me Flour - sos a 53s c,..t
G tev ,ditto . 653 u. 73'; od Second;, . . ,±4. a 54;.. 44
isckli (Old) 58$ a bis ed

41, +a

the LONDON z ErrE, Nov. 3, 1807.
'77/lite / // N
ov. 1807.

The King has been pk.",„a gralt the dignities
of. Vlarno and V 01 the United Kin g'r'it at
OlLat BrL io and Inland moo t.,e, Right Ilrai;
W. • Baron CAI Kiii.,•;ht• ul theanost autietit,
0,,t0r of the l'histie,- and Lieutenant-General of
His Ni ij...slv's Forces,. and tolho heirs male of his
'y lawfully h..gotien, by the names, styles, and
Niles tft s,ifon Gre,...no(:k, of' Greenock, in the
Conotv of and Vls6onut Cathcart, of
Coiht..irt, iti lit said County. - 4
Tor his also been pleaseO to grant the dig-
nity of a B7irlin of the United Kingdom of Great
Britain and Ireland •unto Jai/WS' Gambier, Esq. Ad-
miral of the Blue Squalton of Ills Majf...,;ty's Fleet,
• and to the heirs ritale of his body laWhilly begotten,
by the thane, style, hid title of Baton Gambier, of
fiver, in the County of un.
Tht. King has been also pleased to grant the dig-
nity, of a Baronet of the United Kingdom of Great
Britain and Ireland unto Harry Burrard, of Lyillitlg=
t)11, the' County of Snip hoonpton, Esq. Lieute-
nant-General of • Ilis Majesty's I.'"otees, and to the
licit-4 male of his be dy laiktully begotten.
• • The King hbi.s also been pleased to grant the dig.-
, - nity-of Barone( of the -United Kingdom Of Great
Britain and Irehaf.lnnto Henry Edwin Stanhope, of
Stintwell, iii th.,. County of Middle:,eN, Esq. Vice-
Admiral of the Blue Squadron of His Majesty's
Fleet, and to the heirs male ci,t his body-lawfully,
begottett.
-rite Kkg has also Wen plated to grant- the
dignity of a Bit oaet of the United Ktagdom of
Great Blitxhii and Ireland unto Thomas Biryoeti,..ld,
• of Attieboronzit, in the County of Norio h,
Major-Genctol if His I‘.lal;Aty's Forces'," and to the
lieu's male. of his body la %•k. ktily begotten.

COPONLI.SIAS.IIghItd y the : Li, utotant of tbe aunty of
• Kkot
Lath Sci riewreert,
EttAigtt Gariloet to b; Lieut.:3l4ot. Dated ()t. z 3;
i(e..oert j. 1,1 Gr.,a, to be Ensign,' 1,164:
liovi ati an Gellt. to lie
ViCa: 1)1!,Alloleti Dati4l 'alJuve.
,s,..dp J
te,COllll 14ple$ 0ti...1.Y;i1 bc Fist Lictitt.nant,
Wittwo, deci.aseil Dat—t tkt. zi, Wi,o.ittl
Sihlet (;cut. ii! re SeCOlid Lietlit.:ll4llt, vice ()ILaw,y,
1)41r4 44 afxsyz.

tit:of 4j.tbe lard Lioete-ant / IL alts.
toile Deputr Lteutcoalo. Dated
()et 23, joim %Ciltite, Esti to be Dated as
strive. liarrb litgg With t, lssq. to be ditto. Dated as

GiApvt film:11(m of, lietwiteer
Thom is tiosktui jun. Gent. to be Esisign. limed Od.
.007.

II kvail 8.111411. N of Pokitrteer lufamtry.
tames Whi re, .to be En4ign. Datea Od. -2 7, tgoi.

11714alling-"OlFee I'Juwer Arilatiry.
ISt Corniiany coilliogwonh; Gent:' to be First
Lieuttoaot. Dt u ()a. 30, do. James Edward Spew—

jibg, Gent to be Svc.)nti Lieutenant Dated as above.
A,J Cnentiaiir fatties Gent. to be.FirSt LlCUtCllant.
Da etturcher, Cent. to be Sexond
• teoaot. 'DAM 34 above.
Catsfitinicott sighed hithe L.; d Lieute.,...rort of Ike County of
•
Reithotd Prdratteer
•
' Plintfamteel ktie rwPPuifY•
john 'Briggs, Gent to h 'Lieutenant, vii,..a.Gardner, rettigneit.
Dated Sept. zO, _

Ralandi/altorker Imfatttry.
• lonstlun Gibbous, LSq. to tie Captain, vice Palmer, deceas..
ed. Orited Oct. 3. noy. loseph Seaton, (;ott, to be
'tett roma' a; vice tiebbonsi • promoted Dated as' above.
Charles Cbtireliiii,,Gent. to be linsi.sti, vice Seaton, pro-
iboted. I.)atcut as above,
the Lvd Licatenaxt of. the Cawed of .
Derby, " ,
EthvArd Gtitt. , to, n Lieutenant, Dated Ott. to,
18q. ALnil.inia‘MlllS, (;ent. to be ditto: Dated as above.
&tab Ifigt,,l'eak
Wiir.tot Gteaves, Gent, to be. Lteingnaitt. Dated Oe.t. 3n,
Tho 7. Geep.o.. *to be Ensign. Dated as
attavt.t. • kini Sytudy, Clent, to 4 Ensign. Dated as above.
Clatiniftl27l be the kti.itai,.l,.;.l(ffiShire ritin,d
ify„
Wititg!, Cent, to 'pc; Adjutant, vice Greene, tc,igne(l.-
patod Oct. tz, kfili7.
Comsoduhett tigmed by the .4,o'd I,.;eitte4i,it 0/ the Collmy of
llodforcl.
Stephen Thornton,. Elq. to be t)eputy Lieutenant.. Datcd
Sept. a, 1807. W Aslett, Esti„ tR be ditto. Dared
as aimve.
Ctotutit.siom.t in thr Wiltshire Regiment of Yeomanry 'Cavalry,
Lieutenant W. 1.1. (:rior)., to be (..-opt.t.o, vice ..Lring;
444,44, Date,t•Scpy. 2.4, I Sr17, (2,)1"•,C1,
to, be Lieutennit, Gritiv.)e, .1)aml as above. I.
• 'Waddington, Gent. to be 'lmo. Disted as above.
tigitea' bj. tat Lens' ',letdown: of the Cospity of Pem-
broke,
R4pal Pemtbrokt 1.141(41i9a
lames )41pus Gigot. to h: bie4Launt. Dittcti
It, 1807.

Commis,tions ligued 6y tht Kee- Is'eutenant al the Cthnly of C
mot Kul.
,f Ira/n*l Ge GLlmnron Fuzikerr.
George: lout*, Gear, to be Licureilakit. "Dar,!4 06t• 17,
tB',7. Willi 9n. tones, Gent; to be ditto. Ddtedaa above.
Clurles Cot tali, Gellt,to, be -Stiegeob.. Voted at: above.
Wirt; Arthur, Gratt. to be Q,ilarter-Master. Dated as above.