The Sun.
London, England, 1807-06-25 00:00:00

UliG PAI.2 ER S.

: - 2 - . FROM THE TELEGRAPH.] •
B:ER LIN, • JuNt 13.—A 'letter :.from Dantzic, of
the 7th .of Jutie; states, that the Russian Army,
since the sth instant, has made several attempts to
obtain advantage over the Grand French army
On that day, at six o'clock, the Tete-de-Pont of
Spanden, on' the 'Passarge, was attacked by the Rus-
sians, and -defended by the division of General
FRERE. FiVe Russian -regiments mounted three
times to the assault, and left 5 to 600 men killed in
the attack:. The Prince of PONTE CORNY° was slight-
ly7vvounded in the neck. At the same time the Rus-
sians attacked the Bridge-head of Spapenheim,
which was defended by General FERRY of the Corps
of Marshal SOULT ; the enemy mounted twice to
the assault,zatid left 1500 men slain in 'the Abbatis.
Several 'Russian Colonels were made prisoners.—
Marshal NEY was attacked the same moment, but
as often as the enemy advanced to dislodge him from
his position, they were repulsed with great slaugh-
ter. In pursuance of General Orders made by the
Emperor NAPOLEON, the Marshal • proceeded to-
wards the Passarge to Deppern, as soon as he was
assured that the Enemy had put his whole force in
motion. His Majesty the Emperor has proceeded
from Finckenstein to Saalfeld.—(lidnituegh Comes-,
pondenten, June 16.)
JUNE B.—The Garrison of Graudentz,
where want and diseases prevail, is estimated at
5000 meta: FrenCh; Polish, and HesSian Troops
form the seige.
The Hessian General .NAGEL, and the French
General 'ROGERS--; -have - their head-quarters in the
town which is not bombarded by the enemy.
'VIENNA, JUNE 6.—The COurt gazette•of this day
contains the following article from Turkey :

• -0' The Turkish Fleet, under the orders of the
'Captain Paella, remained at anchor as late as the
Ith May,. between• the inner and outer Castles of
the Dardanelles. -• The,Grand'. Admiral SEID ALY.
has. deManded reinforcements, in the strongest terms,
in order to-be able to cope with the Russian Fleet,
coamm-inded by. Vice-Admiral SzuiAviu, far superior
in Force; in consequence Whereof, he has been joined.
by two Sail of the Line, and three Corvettes. Upon
the Whole, every nerve has been strained to fit opt
the Turkish Fleet; but the chief obstaele consisted
in the want of able seamen, which is the more se-.
Verely. felt, as the position of the-Russian Fleet pre-
vents a supply from the inhabitants of the Islands of
the Archipellgo and of the :lonian and .gean coast.
In addition to Tenedos, the Russians have taken the
Islands of Leinnos and Idra. '

'FROM TJtE, BANKS OF THE MAINE, JUNE 6.—By
a.circular letter;z:ofihe 25th of May, the Landarn-
man of .Switzerland has called upon all the Cantoni
to introdu6 the strictest police, with regaild to the
fabrication, sale, and purchase of anus.

This letter has been occasioned by a request of
the French Ambassador, stating that the enemies of.
France have given orders to purchase 400,000 stand
()farms in the ditferent European States. •

The Sent- ian Army is divided into four Corps.
The:first, under'ihe orders of the General in Chief
GEORGE CZaRNI PET3OWICII) aas in the environs
of Nissa and Sophia ; the second, commanded by Ge-
neral MOLINKO STOICK, is stationed in the vicinity
of Widdin ; the third, under the command of General
1~10.•/010VI:CKi adS. an the' Batiks of the Drina and
Buzana ; and the, fourth, under the' orders of Gene-
ral,
STAMADOVIC, :observes Turkey, on
Confinesthe bf Albania .and Macedonia.

PETERSIWRGHi MAY -10.--.-The Court Gazette
•
contains the folli)wing article
The Duke L&iis of Wirtemburgh, General of
Horse, the Duke ADAM of WirteMburgh, Lieute-
nant in the satueßegiincnt, and the Duke ALEX-
ANDER -of W i rteinburgh, Cornet, has been struck off
the List of Officers.

'SCHONEN; JuiE 7..--According to accounts from
• Stralsund, of the ad inst. his Swedish Majesty has
declared -the Port -of Datitzic -to- be in a. state Of
blockade. It appears, by a 'letter from- Stralsund,
that Gen; BLUctiER .has gent Capt. PERPONCRER,
of .the Siatl, to England. •
13tiNIS F THE Etna, JUNE 15.—We are assured
that in the beginning of this month his Majesty the
King of Sweden bad an interview with Marshal
I3RUNE, the result of Which was not favourable to,
the negotiations for Peace.
- The last intelligence from the theatre. of war af-
fords room to believe that the Negotiations. entered
into for, Peace have not led to any satisfadory result;
on the contrary, it appears certain that the most se-
rious dispositions are made to open the Campaign;
but at the sable time there is reason to suppose that
tiothing•important will be undertaken before the ar-
rival oft E di tiOn.—( L' Abeille Aord,
Jane it, :1

SPORTING.—A match of pig on shooting; for .0
guineas, took' place on Tuesday, on Finchley Com-
mon, between Messrs,'MoßETort and Cowsoic,,
celebrated shots, which "afforded unusual diversion.
They shut ti eleven birds ; seven were killed by
MORETON, -and. right -by .COLLISON, who won by
killing the last bird."

L4ll' REPORT.

COURT OF KiNG's BENCH, WEr:c1:::81-.%a; !•q.

PURCELL V, b/ACNAT.I.kii."I.

This was an ne-tion brought to recover co!vpensa7:
tion, in,dgmages, :or a malicious presecut!,-;11 tin;
perjury, iustituted by the Defendant aghitst ttx
Plaintiff.

41r. GUIINEY opened the pleadings on, he,part of
the "Plaintiff,: stating the, nature of the Alone whit,
he said; arose out of an indielrnent instituted: by‘
the Defendant, upon several assignments of pet-prat
alleged to have been committed by the 4t'latalt4
upon an affidavit made by her: tn. a cause pendirg
between - these parties in the Court of Chancery
reports of which we have laid before our readers in
former Papers. The declatation further Pt a t that:
Upon that indictment the present Piaintitt. was folly
acquitted, and she, now laid her dame es -at UUUis
to which declaration, the Defendant pleaded the gea
neral issue of--Not . •
Mi. TOPPING, for the Plaintiff,_then sfated, that
this aethan was brought by Miss Frantea Pereell,
who was one of the daughters QUA Gentleman, aebre
iii
,the year 7770, was appointed Governor of Toi•-
tola;' and possessed very considerable estates in that
Island : on his departure from this country,' he took'
along with him his only son, Jelen, leaving Old
Plaintiff,• and her sister Margaret, tualer the• care
and guardianship of the late Dr: Macnamara, a ma -t
respectable Gentleman, and uncle to the preset t
Defendant. GOvernor Purcell' soon - after died it
Tortola, leaving his son John his their at lea', 'and
residuary legatee; and in:default of issue, the pro-
perty to be divided equally between his two daugha
ters, to whom he left legacies" Of 70001. each, an 4
_appointed Dr. Macnamaea' and Surgeon Boyd his
executors. After the death of the Governor, John
PUrcell returned to England', fnrmed an unfortunate,
matrimonial connection, and soon after died with-
out issoe. The Defendant being in t he habit of visiting
at his uncle's, became acquainted with t hese young la-
dies. He was at that time a young man, and a Strident
of LinColn's-Inn, but having acquired a splendid for-
tune,' 'he afterwards gave up
,that pursuit. In the'
year 1775, a M. Travanion, a -Gentleman of high
character, was appointed consignee of these valuable
estates in Tortola, and the Defendant contrived to
have this trust afterwards ,conveyed to himself.---
John Purcell having died without issue, made his
-will; leaving the.whole of his property to the as--
fendaut, except some small. trifle to his sisters,;
and Dodor IVlacnamara having died about this.
time, the sole management of their , affairs &-
Volved upon the Defendaet, who ackanced these,
ladies 'various unlimited sums of money, at dif-
ferent times, ,• until they at last mortgaged the
whole of their property to him, and even made their
legacies of 70001. subject to his demands, and by- the
year 1806 they had 'made an absolute conveyance of
the whole of this immense -property to the Defend-
ant, in lieu of which, the one (Margaret) was to re-
ceive an annuity of. cool. and the Praintiff eatl. per
annum;. which latter finding this a very scanty sum
for her -support, retired into France, in the 'hope,
of- living- more economically; but in this she was
mistaken, foreven the annuity was badly paid, and
she was obliged to go into' debt, and, in the sequel,
returned to this country, in the hope of procuring
payment of her annuity, when she
,fortunately. fell,
into the hands of Mr. Whitton, the Attorney, who
has been her chief support since. Mr. Whitton bad
an interview with the Defendant, after which the
annuity was more regularly paid, for a short time.
This, however, did •not last long ; :Mr. Whitton was
once more obliged to threaten,' and the Defeadinit
filed a Bill in Chancery, to prevent the Plaintiff from
proceeding to recover her annuity. Ueon her an-
swer being put in, the Defendant thought it pru—
dent to dismiss his own bill, with c•oSts. Mr. atmea..
ton, aCtitig under the best 'legal advice in this coun-
try-, thentled a bill against the Defendant, praying
av,t, accounthich he,
uotf
lhis
all) thea ss,.:ent): m
anc oney'
cause
Leltal.tiindet ad-
vanceditloe to the Plaintiff, securities executed, &c. to
be heard before Lord Chancellor ELDON, who di-
rected that the Master should take an account.
Defendant's object being to draw out all 'he could
from the Plaintiff, in the mean time exhibited ie-
terrogatories, which she was to answer within a li-
mited period ; hut being then 'confined to her bed,
in an ill state of health, the time for answering was
enlarged until the 4th December, 1805. Upon that
day she was arrested at the 'suit of a milliner, to
'whom she became indebted in consequence of the
non-payment of her annuity ; and from her sick
bed.she was dragged to the lock-up-house of one
Laver, a, Sheriff's Officer, in Chancery-lane, when
she was pet to bed in a wretched condition. ' Here
she Was visited, at ten o'clock at night, by Mr. Mac-
namara, 'accompanied by her sisteßrl.lsl,arngeagrieeta.
red
dfltoe
who had, from the year 1800 to 1805,
pay her one farthing of her annuity, and had .been
at daggers with her ever since, now came forward
to proffer his friendship and services ; he told her
she had been deceived hY, Mr, Petre, her friend, and
Mr. Whitten, her Solicitor; and said, if She,would
only relinquish any further proceedings against him
in Chancery, he would. once more become/ her
' friend and protedor this oiler she refused with
indignationa: upon which he flew into the most
violent passion, and abused her 'and her friends
in the grossest manner. The Learned Counsel
here observed, that he did , not, by any means,
mean to insinuate, that the Defendant had caus-
ed this arrest to take place ; bOt he could not
help observing, that this early visit of the.Defenda
ant, after the arrest, 'and his subsequent condud,
compared with his forther negled and hOstility to-
wards her, was rather an extraordinary circum-
stance, and that his charily, which had so long lain
dormant, should now' be awakened. In the •course
of the cause it became necessary for the Plaintiff to
make an affidavit of the oc.currences in the loCk-up-
house, and- the proceedings were going on in. the
regular Way, when the Defendant found it tiecessa-
ry to take some steps to prevent the further proceed-
ing of the Cause, for .(the :Learned Counsel ob-
served) it- could be no honeSt or honourable motive
that induced him to prefer the indictment in clues,.
tion, charging the Plaintiff with having ccitntnitted
perjury in the last mentioned affidavit. When thq
assignments of perjury; he continued, were com-
parecfwith, the affidavit, it would be found they were
of the most trivial nature, leaVing all the material
parts- of the tffidavit totally out of the question.
The lietdment, however, being . preferred, the
anxious to have the matter investigated,

and her charaßtr.released frogs such an itnputatinn,
finding the Defendant not inclined to prosecute,
Made IT the record herself, served nntite df ti-bi;
and caused a Special Jury to be sumtnoned. Thus
the cause stood for trial in the month of June,;
Jury appeared, , the Pros'ecutor's Counsel` „were all
ready in Court, but the Prosecutor was' nowhere
to be foUnd ; although he had ventured to go be-
fore tlw Grand-Jury, and tell his own story:without
the hazard of a cross-examination, he did not then
dare to:come into Court, where he knew the truth
would be investigated, but he withdrew himself
froni the confiijt ; and upon. the same morning was
seen in his chariot and four horses, driving down_
to his elegant mansion in, the county of Berks.-.The Plaintiff, Miss Purcell, was conseouently.ac-
quitted.. But this did not satisfy Mr, Macnamara,
and immediately after Lord EUSKINE was appointed
Chancellor he applied for a re-hearing of the cause,
on the grounds, no doubt, of the injustice or mis-
apprehension of his Lordship's Noble Predecessor.—
The cause was again heard, and Lord Entsurtr, 'as-
sisted by the Master of the Rolls, confirmed the
former decree, and Miss Purcell was ordered to be
restored. to the inheritance of her ancestors. The
Learned Counsel concluded his statement by observ-
ing, that the obje& of the Defendant was,no other
than to warp and obstruct the proceedings. in the
Court of Chancery, and such as no man of humanity
could make The subjeEt of a prosecution for perjury.
ile.was a man possessed of so independent a fortune,
that he proposed himself as a candidate to represent
the Borough of Leicester in Parliament.
The original record of the indiettnent and subse-
quent acquittal was then 'put,in and read ; when
The ATTORNEY-GENERAL, for the Defendant,
objected to the record. inasinuch.as there appeared
an incongruity between the venire and the, return of
the pstea, the latter being returnable on a day when
Lord ELLBNBOROUGH did not sit at iVisi Prius.

The Court considering this to be a fatal obje6tion,
in point of law, the Plaintitr was Non-suited ; at
the same, time her. Counsel declaring.that the record
should be amended, and the cause properly tried on
a future day.

_
WATTS V. TUSON.
This was an aaion for an assault _and trespass
committed by the Defendant, upon the Plaintiff, iii
the month of May last.
The parties in . this case were Attornies in the
county of Somerset, and. Members of the Yeovil
Volunteer Association., The Plaintiff was the Pay-
master of the Regiment, and the Defendant the
Major. Colonel I"ane, their Commander,; having
dyed, a meeting of the corps. was convened at &hes-
ter, in order to elect ar Colonel • in his room ; after
the eleaion was oi,rer, they proceeded to the gther:
business of the c6rps, and the Plaintiff was called
upon for 'his accounts. He replied, he did not
wow that he owed the regiment any thing, and if
he did, he, could not settle it with them, but with

the. representatives of Colonel Fane; having
lld a letter from the Earl of Westmoreland to
that purport; to this the Defendant replied,, that
this was all a pretence, and he only wanted a bole
to creep out of. The Plaintitf answered, that he
had been treated in a very unhandsome manner;

and the Defendant rejoined, saying, that when a
Gentleman had public Money in his hands, he should
always be ready to pay it when demanded ; some
furthet altercation then ensued, and the Defendant
struck the Plaintiff a violent brow.

M?: GAR ROW, for the Defendant, considered

this a case wherein the parties might have been
spared the trouble of coming .-up to try it in Lon-
'don,. at an endrmous epence; when they all re-
sided in Somersetshire, where the ,circumstances
between them were Perfedly 'well' known. He
thought, lie-had his Lordship's. sandlot) for making
-this Observation, as it was in his recolledion what

his Lordship's opinion was in . a sirrillarcaso upon
a thriller oOca,ion. He then made some, general
observations upon the nattire.of the transadion he-
tween these parties, and trusted the Jury would think
nominal damages quite sufficient for the injury
complained of • ,
• -Lord ELLENBOROUGH said, he could not well ap-
ply-the observations of the' Learned blunsel-to the
present Case ; for as thiScorps.,was composed of se-
veral' Member's; who, perhaps, • were all more or
less interested in the business, and all of them being
persons of respectability, the probability was, fhtht
some prejudice might have existed, ..and"the chance
,being that some of them might be choSen im.thekny,
his Lordship thOught the party right in coming here,
where there waS no prejudice. There 'was :a blow
given by one person; in a respeCtable line of life,
to another ; and persons in a military. •capacity
were more tenacious of injuries of this .kind than
other people might
.be. , The' Jury would consider
what the provocation was which led fo the aft. -Had
Mr. Tusoh confined hiMself to expressions properly
applicable to the subje6l,.the parties might havp been
saved all this trouble ; both, aweVer, were blame,
ble, but the first offensive words were made use of
by the Defendant. The blow was not violent, but
the feeling of, a Gentle Man, receiving a blow .in a
public company, called for a liberal Compensation ;
the Jury, however', looking at all the.circumstanceS,
would give such damages as, they should think' rea-
sonable. 'Verdi& for the Plaintiff; damages

CRLSWELL. L. WILSON.

-This was an action upon a bill. of .exchange for
5001. drawn by Mr, W. Sharp, upon.the Defendant,
at six months atto- date.

The ATTOIINca-GENERAL,,fOr the Plaintiff, said,
he undertood that the defence to be set up to this
bill was, that arose out of, an usurious transaction
bur however vitiated it might be in. point of, law,
yet, wheh he should Shew that •his'client Was an in-
nocent holder, for a vialuable,consideration, and that
both the drawer, Mr. Sharp, and the acceptor, Mr.
Wilson, had personally represented to him, that., the
bill was a good one, and should be paid, he trusted
he shotild be entitled to a verdict for the whole
amount. -

William Butler Hurst, shopman to the Plaintiff,
-w'ho I'vas'a:woollenfaaor, saidthat his master had
received the bilj.froM one Wimp; lie took it ,to
make_ the, necetsary inquiries, when he saw both
Wilson and Sharp, who told -him it Was a good
bill, and would be regularly paid. In consequence
of this, the Plaintiff ,glve
.:Witnp goods to the full
amount. Upon his cross-examination, he admitted
that Wimp was a person of uo visible means•allive7
haviUg formerly kept a 'woollen-draper's