The Sun.
London, England, 1807-02-19 00:00:00

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Yesterday the Sessleits„Commenced before Mr,
Justice HEATH, Mr. Justice LE 11 NC, IlarOAl SUT-
TON, the LORD M4yo4, and principal City Gdicers.
Timothy Quin and Patrick Higgins were capitally
itidkied for a burglary iii .the housq of iLlicha,-1
M‘Gee, and stealing therein 271. 2s. 6d:, in money.
and divers articles of, wearing aPpayel, the, property
Of the said M'Gee. The. case was clearly tuaiia
out, and the Jury found theen both Guilty--..beal/4.
'William Harding was capitally indiaed for burg-
lariously breaking into the house of Edward Eair,
who keeps. the Red Lion, in Holywell4ane, on tht.3
23d of January, with intent to steal. Verdia—Not

Ja-mes Wright was capitally indiEted for stealing
ttvo silver watches; a gold seal; and a medal, value
61. the property of William Eustace. The Prosecu-
tor keeps a public-house, and the Prisoner lodged
with him.. The fad of stealing was-clear; but as,
it was possible that the watches might have been
stolen at different times, they acquitted him of the
capital part of the charge, and found hire guilty
stealing to the value of 3gs.

If a vaeslncy shotild be declared for Maidstone,' it
is probable that Sir WALTER STIRLING will offer
himself and the known respectability of the worthy
Baronet'S chara&er gives him the fidrest pretensions.
We are sorry to hear that Mr. SHERIVAN is so
much indisposed as to require medical attendance.
Dr. JAcKsotsr, an English Physician, distinguishe.l
by his talents and humanity, who was detained by
BONAPARTE among our countrymen at Verdun, !att..
ly died at that place, to "the great regret of all wli. )
knew him.

`lntelligence was received yesterday. niorning., •at
the India House, of three outward-bound•lndimnen
being driven on shore, near Graveseml, by the gale
of Tuesday night. •

Capt. IfRENTON is appointed to the Spartan ; and
Capt. Wizon to the Superb, bearing the broad
pendant of Commodofe KEA TS.

The success of 1110fher -Goose has pcstponed the
appearance'of MonToWs Comedy, and .otho• dra-
marc pieces, that were 'in preparation
,at, Covent-
Ga:d Ai Theatre.

An article of intelligence which appeared in this
Paper a few days. ago 'has led some persons to sup-
pose,-that the Measure pf abolishing.the Slave Trade,
which the President of .the United States, in his
Speech at the opening of the Session-, so strongly
urged the Congress to adopt; had met with some op-
position in ixtssina through the LegislatiVe Body.—
Nothing can be further from truth than this sup-
position, The Bill for effe&ing the Abolition of
this Traffic passed the Senate without a division,
or even debate. In the House of 'Representatives
the principle of the Bill has been equally unre-
sisted, and the only difference olopinion which had
arisen -upon it when the last accounts left America",
respelled the Clause which provided for the disposal
of the Slaves who might be seized and forfeited
under the Ad. It was at last determined that they
should- be free, and should be suitably. provided for
by the United States; Nothing can more satisfae-
torily prove the laudable anxiety of the American
Government to free themselves from: the guilt of
-the Slave Trade than this, that although the At
of Confederation puts it out of the power of Congress
to prevent the importation of Slaves into America
before the Ist °Um. I 808, yet that Congress arc now
legislating prospectively (by an Ad which makes
it felony to import a Slave after that day) for the
express purpose of preventing any Slave -% oyage from
being begun which shall not terminate befure the
end of the present year. As a proof of the general
opinion entertained of this trade in America, it may
be proper to mention, that although the General
Congress had no-power to make laws on this sub-
jed which should take elfed before the Ist of Ja-
nuary 1808, yet that every State in the .Union, with
one exception,
.had abolished it more than ten years
ago. South Girolina furnidies this solitary excep-
tion ; and, even in this State, attempts have been an-
nually Made for some years past to abolish this trade,
which have failed generally by a single vote. The at-
tempt was renewed in the Legislature of that State in
December last, and failed again only by a single vote.
But the question, on this occasion, related simply to the
continuance or discontinuance of the trade for the
present year, for when that year shall have termi-
nated, the Ad of the General Congress will super-
sede all Provincial Legislation on the subject.

* See the American Newspapers filed At the Neiv-York.
and Carolina Lot-Ex-houses.

A CAUTION.—Two Gentlemen who rode over
the heath leading from Shrubs-hill to Sunning-hill,
on Sunday the 15th inst. with two -Pointers, one,
if not both of which, were fallen upon and bitten
by a Dog on that spot, are desired to take notice,
that that Dog,. on that very night, proved to be mad,
and has bitten several other Dogs : the Gentlemen
not being known to the person, who saw their dog
bitten, this, method is adopted in hopes that they
may see this caution and profit by it.
'During the high wind on Tuesday night, a great
part of Richmond Garden Wall was blown down.
Several trees in S. James's Park werehkewise blown
down.

As Mrs. SHAW, the wife of Mr. Straw, the Mes-
senger, was coming out of Drury Lane Theatre on
Tuesday night, she fell, and unfortunately broke
her leg.

B. 0.;;), the itinerant solicitor of Subscriptions lot
a History of Botany Bay, haS been taken into cus-
tody at Hadleigh 3 and, it is nor unlikely that the.
subject he has chosen may prOve ominous, by his
being sent to that Settlement, in order to give a bet-
ter account thereof than he has done. in the paltry
one which lie has so long fraudulently, imposed oil
the

A-. true Bill was yesterday found, at Hicks's HAD,
against John Holloway, alias Oliver, and Owen Hag-
gerty, for the murder of Mr. STEEL.
esterday, in the Court of Exchequer, the Pr «
prietor of a newly established Brewery, in the Bo-
rough, was pro,ecuted fir having in 'his possession a
large quantity of drugs to mix with the beer. The
ingredients were seized by an Excise Officer, and the
faits of the case being clearly established, the Jury
found averdiet for the King, subje6ting the Defend-
ant to the penalties of the At of Parliament, on
seven counts of the declaration,. amounting in the
tchele to a very large sum. The Druggist was itn-
plicatod in the penaltiqs vr'ho sold the drugs fur Zit
_ L ...

Lfilll REPOT T.

COURT OF KING's BENCH, TEs.lB:

THIS XING V. CT. A MONT

The Defendant, who was an usher at Mr. Barnes's
school, at Flacßney, was ini.ll6ted for an assault upon
a _voting G,:m-tleniaii, the -son of General Lynam, the
jean Cons-U.l. - Master Lynam had been guilty
of wing extremely offensive and opprobri6ns
gunge to a-Mr. Adams, another usher of the school,
'es ;
during the hours of p • 1 barn 1 Ithe‘
care of the .school and the: correEtion of
.the boys'
was -en trustedl,to the -thre senior usliers; alternately;
and it was. the Delenlant'S day to have the ,goVern-
ment of the sChooi‘li'- Mr. Adams, therefore, applied
to the-Defendant, anti requested that-young Lynam
might befitted 6d. for his miscondua.
The Defendant then applied to -a Mr., Johnson,
another usher, tO know what Lynam deserved, and
he said he should have 'a thrashing, or beg Mr.
Adams's pardon. This the boy refused to do, and the
Defendant beat him with a small knotted whanE.Tei
till the stick broke. Lynam then begged pardon, and
the-Defendant desisted, but not until he had beaten
the boy somewhat too severely.; for it appeared that
his back and shoulders were completely black and
discoloured all over, so that a Surgeon, who-was af-
terwards called,, said it had the appearance of his.,
having been cudgelled.
The boy ran away from school the next day to his
father, who made an immediate complaint to the
Magistrates. It appeared that the father had given
diredions to-Mr. Barnes riot to give his son corporal
chastisement, but that the Defendant had not been
apprised of those difeetions ; and Mr:Barnes said he-
did not understand that the'-boy was to have a carte
llanche to do as he pleased. Mr. Barnes's school
had the best charaaer, and the Defendant had been
there zrs pupil and uSifer in the whole sixteen years,
and %Va.:very humane and much liked by the boys' • -
but in consequence of this a& lie had been dismissed.
Excepting. during Mr. Barnes's. illness, the ushers'
never correaed the boys. He used for-that purpose
p small smooth cane of rattan, but it was locked up
in 66: desk during the time of 'his illne&s.
Lord ELLi:NBOROUCM, C. J. did not approve of
the dire.Etion to exempt the boy from the same'
punishment that tine other boys were to have. The
question-here
.would be, he said, whether the punish-
ment was moderate or excessive. It was admitted
tl-na the boy- behaved as bad as it was possible for a
b(y to buhave, and that he deserved the most severe
punishment"that a boy at school should undergo.
-The question for the Jury was, whether, in a mo,
meat of. pas,-;on, the. Defendant exceeded the due
measure of punishment ?
The Jury found a Verdia—Cailty.

NAYEW V,

'. HARE

The Plaintiff keeps a School for young ladies at
Hendon, the Defendant is a hatter in the Strand.
This was an action of trespass and battery, for in-
jury done to the Plaintiff, and to the wife and daugh-
ter of the Plaintiff._ ,

Mr. GARROW said, that on a cold morning, on the
of O&oher lasf, the Defendant set out in a bug-
gy, with Mr. Wilson, the Sheri ff:s Officer, and arrived
at the house Of Mr. Mayew between -nine and t 0
o'clOch. The Sheriti's,Officer was Provided with a writ,
at the stri- of Madam Ilerniei, for a claim of 301. on
the Plaintiff. Mr. Hare did not satisfy himselftvith the
site but humble office of assisting the Bailiff in the
discharge of his duty, but, before the authority was
shewn, or the Officer had appeared, entered the •
house and school of the Plaintitf,and there, in the
presence of the young Ladies, condueled himself in
a most' violent manner, assaulting Mr. Mayew, his
wife, and daughter, asewell as the gardener, and, in
short, every one who came in his way. For the in-
sult he received, and for the injury he sustained, the
Phietiff now sought redress at the hands of an Eng-
lish Jury.
Many of the young Ladies of the school appeared
is witnesses, and gave testimony with all that hesi-
tation and reserve natural to the modesty of female
youth, 'as to, the language and gross deportment of
the Defendant.
Mr. JF.Rvis, for the Defendant. stated, that the •
only question foi- the Jury was, whether the Defend-
ant acted in aid and assistance of the Bailiff, or whe-
ther he was lawfully endeavouring to prevent . the
rescue of the Plaintiff, as, in the latter case, the
whol- of his conduct would be justifiable in law, al-
though not perhaps So in point of dccorum and -hu-
manity.
Among the witnesses on behalf of his Client, he
produced Mr. Wilson, the Sheriff's Officer, who did
not materially vary the fa6ts of the case.
Lord ELLKNIIOI3OUGH stated file natuie of ,the
alon, and said that the only, ground on which any
a&ion of damages, would apply to the- daughter
was in the case of the father having- lost her ser-
vices from the violence conimitted. No such in-
jury h'ad been sustained with reSp,e6i/ to her, and
therefore that part of the charge must be laid entirely
out of the case. There, however, was one charge,-
to which no answer hi'd been given,, and that was,
the injuries sustained by the wife, in consequence
of which she teals unable to fulfil her ordinary du-
ties as a teacher of music, and thus the Plaintiff was
deprived of the benefit of her services. 'This would
,be a sufficient foundation for a portion of the da-
mages sought in the present action. In this case
the process against the Plaintiff was eleyeal," and it
was the duty of the Bailiff to arrest-him ;. but here.
was no attempt at a rescue, and, consequently no
justification of the violence offered. To the extent,
then, of- the loss of service in the,wife„, coupled with,
the circumstances of the disturbance given to do.-,
mestie peace, damages might be assil.7;ned ; ,and his
Lordship had no doubt the Gentlemen of the Jury
would, with a due regard -to de. peace of -famines,
and with that moderate spirit to which the Plaintiff
was entitled, exercise theirludgment on the case be-
fore thetn,LVerdiei 2001..

It was mentioned in the I:,:cnch Papers received
last week, that an English T%-igate had been forced.
to take shelter in St. Selx:stian's, and had beeit cap-
tured. File Vessel alluded to was the American
Ship Iflthington, c. hie}, had b,.en detained near the
Spanish.COast by the /1/cthelze IYrigate, NOM put 40
men on board her to.. take her,to England. Shortly,
after a gale came on, when sh-e was oonged to make
sail for St. Sebastian's.