The Sun.
London, England, 1812-11-03 00:00:00

• l';IAVAI: NEWS.

DovEA, Ndv. 2.—Arrived the
Capt.MEEK; from Jamaica, bound to. Lon:ionf
In lat. 40. North lOn,. 39. 20. West, she fell in
with an American privateer of 12 guns,. .ull of
men, engaged her for two hours,_ Yan-
leeetbougheproper to sheer off, 'apparently much
damaged. Capt. MEEK received a 't.ound in the
forehead. This privateer attacked another ship
(natne'imknown) Which pasSed this afternoon.
Passed the Heart of Oak, NI,CIICLSON, from
Quebec.

Drat., Nov. 2.--Arrived and sailed for the-Ri-
ver the Simon, TaOor. from Jamaica ; the Heart
of Oak and Lord Wellington from Quebec 3 the
two latter antler convoy of his INlajesty's • ship
Prometheus.

PORTSMOUTII, Nov. 2.—Sailed the Vengenr and
Princess Caroline for off Cberbottrg.
Arrived the brig Ty' nemouth castle from Quebec.

PLYMOUTH, Nov. I.—ArOved.. last night, and
anchored in. Cawsand Buy, the follocc:in{.,, ships
from QuebecOoeing part of tl;e Pronl6thens's con-
voy :—Canada, Uniori, Hardy, Lady Jaliana, Good
Intent, and Barrick.

lltßwien, Nov. 2.--:-The homeward-bound
Baltiefleet are now passing the harbour.

• tairrstt NAVAL l'oßcE.—The following state-
ment is abstracted from the official returns, up to
Yesterday sea, 95 of the line, 13 fifties; 119
frigates, 120 ?loops, 8 bombs, 129 brigs 33 cut-
•ters,'s2 schoonei-is ;. total 569. Li port imd -fit-
ting, 29 of the line, 9 fiftie•: , 28 frigates, 35 sloops,
2 bombs, 21 brigs, 7 cutter::, ;4 schooners ; total
144. Guard ships, 6of the line, 1 fifty, 4 fri-
gates, 5 sloops ; total 16. . Hospital-ihips, &c.
30 of the line, 2 fifties, one frigate ; total 33. In
commission, 159 of the line, 25 fifties, 152 fri-
gates, 160 sloop, 10 boinb3 150 brigs, 40 cutters,
63 schooners ; total, 762. In Ordinary, 71 of
line, 10 fifties, 66 frigates, 38 sloops,-5 bombs,
,9 brigs, 1 cutter, 3 schooners ; total, 203.. Build-
ing, 31 of the line, 3 fifties, 17 frigates, 5 sloops,
1 bomb, 2 brigs, total, 50' making a grand
total of 102.1 ve3scli-261 of the line, 38 fifties,
225 frigates,- 203 sloops, •16 bombs, 161 brigs,
41 cutters, and 69 schooners.—Of these there are
employed Oif Spain, -.&c. 84 vessels-35 of the line;
in the Mediterranean-, 103-27 of the line ; in the
Channe4 86-13 of the line;. in the North Sea
and Baltic, 96-10 of the line.

The Transport Board intend to supersede those
Lieutenants who cdin'inind prison-ships, that. have
held their appointments tnore than three 'years.
Eleven vacancies occur ut Portsmouth, in conse—
quence. It is believed, that it will be eventually
found expedient to place the ships on the regular
establishment of the Na)67, and to appoint Com-
manders to them.

Ninety additional shipwrights are ordered to he
entered into POrtsmouth dock,yard. Yesterday
the workmen were to commence building the St..
Vincent, of 110 guns.
The Lord Eldon 'East Indiaman has brought
over to England a heifer, IS months old, of the
Bramihico or true Bengal breed, which was put
on board at the Isle of *Prance, by direction of
the Governor of that Wand, by order of Lord
M.YsTo, as a present to the PRINCE REGENT. On
Saturday ev=ening it arrival at the stables of Carl-
ton House. It has a hump on.thc shoulders like
a camel : the horns are nearly upright The same
ship has brought over a bull, nine months old, of
the . same breed, as a present for Col. llERato'r.
A white cow, of the same breed, died on the
' passaize,
A 'Gentleman of Portsea, it is said,. has sub-
mitted to Government a shell, that at the
iin-
mense distance of three miles will explode 20
balls of combustible matter of three inches diame-
ter, and upwards of 1000 musket and piStol balls,:
these will be scattered CM the horizon within a
'circlel whose diameter is 1400 yards. The weight
of the shell will be upwards of two hundred and a

• • ,
Nine Trisoners made their escape, on Tuesday
night, from the I.7:vail prison-ship, at Gillingham.
Four of theM were found dead in the marshes the
neXt morning, two have been since taken, and
three are supposed to have got off.
MAIL occurrence has. taken
place, which is likely to lead to a discovery of the
robbery of the Leeds Mail-coach. A . man who -
keL:ps-a toll-gate near Kettering, aud, who was
seen in c.onyersatiori at a public-house with two
of the men belonging to the caravan, or tilt cart,'
which, as we formerly said, had been driving
-•,.borit that part of the country, has been taken up
on suspicion, and undergone an examination be,
. four Magistrates for the county of Northamp-
ton, in his. bed were found sewed up two fifty-
tes of a recent date, hut-whether
pounci B”lik-no
they wei:e abstracted from the mail, has not been
ascertained. The! officers are in pursuit of the
man who w‘ls gnard of the ;Leeds mail, when fOr-
merly robbej. This man, bad been discharged for
negligence or: that occasion, and for losing his
• time-piece.'. It is remarkable that the back, or
the brass,plat, on which was engraves " Leeds,"
and G. P. O. together with the number- of the
time-piece,liad been inadvertently nailed twsoine
part Of the toll-hohse, was taken off by some
person, and forwarded to the General Post-Office.
It was found, on referring to the books, that this
was the back of the identical piece which had been
lost on the night of the robbery, near.Barnet, up-
wards of two years ago. The discarded guard has
never bcen in any regular employment since his
dismissal from the service of tke Post-office, nor
visible means of subsistence. He has
had any
been observed lurking about the ale-houses seve-
ral weeks, and is supposed to Lave accompanied
the cart.

~~'~~'l'R.Sc'.

. .
[FROM T 11::. L,ATIRIST.I
. .•
ON ELLASTON'S H.AMIJET, diN]) THE STATUE a '
titiAtir.Eq*EAßE OYER TUE '''2:Ol'l; IN NEW DE,LTRYi
.. Honelt.S ;LINES:T..IFX to :::order cgt.right, in their rage,
-I1 SIAT:: .our. new Managers' hobby)! . ~
T'.., effect this they t.i.f.,,n,,,./c him sore on the stage,
• i.'
...;.:!ci roast him for this in ne. loay. . •

i

[FROM THE SAME.]
ON TIIFI OCCASIONAL ADDIZES AT DRUM` BEING •
SPOKEN NiNE SUCCESSIVE. NIGHTS.
BYRoN's cii uitte, u;gitis he spoke,
Ere .ELLtsf.,N under - • • • •
• Tliat 3onN BULL !JLre long the joke • - • . • t
kxceetti—it nine w•Atder. , • - •••!'

LAW ti:EPORT.

COURT OF KING '..s BENCH, Noy.

•

TAYLOR AND ANOTHER-V. JOSEPH WALSH.

This Nvas action brought by the Assignees of
.Mr. Benjamin, Walsh, aim akrupt, to recover three
ladiabonds of 5001. each, and the sum of: 11991;
s.•7d. which the bankrupt paid to his brother,
the defendant, as the haLtnce of a, private account
between the parties, on the morning of the sth
• of December last; beaug the day on which, it will
be recolleeted, 31r. lem alSla lett London for the„.
purpose of absconding with the money, of which
he he:l defrauded Sir Taoraas Plumper, the present
Atturney-General. The-inoney was sought to he
recoreeed be the Assignees, as paid upon the eve,
a::d in contemplation of bankruptcy, by means of
a voluntary undue. preference given to the defend-
- meat by the bankrupt. The evideuce as ao Mr.
"Walsh's contemplations before his departure, with
which the public are already so well acquainted,
was gone through ; 'and hif3 letter to hisahrother
-(the defendant), declaratory- of his motives tor ab-
senting himself from his hoinc,
.wasadinlited hy.
Lord Ellenborough as evidence, under the case
Bateman v. Bailey, -5 Teem Reports, 5i2. ;Upon
this- evidence, a contemplation of bankruptcy was
proved as early as' the Yd of _December,. the day.
on which Mr. Walsh treated with the silaersiaith
for the doubloons, he (or his friend, as he alleged;
Was to carry abroad with him, •
The SOLICITOR GENERAL (\lr. Gaerow) fur the
defendant, contended, that in this case there was
sufficient urgency proved, from the defendant to "
thebankrupt, to,hringit .within the case of Sumo
v: Payne, t; T. It. 152. That action was trover
for books, 'brought by the assignees cf a smell
bookseller against Mr. Payne, ot the :iiews-gate,
in Which it appeared that about April, 17‘23, the
bankrupt being indebted to the defendant in seve-
ral sums of money, the latter happened acaidental- • ,
ly to call upon him, when the bankrupt iimformeil•
him that he was afraiA of being arrested, for that a
person had been to demand SOL which he 0 wed,and
was. unable to pay. The defendant replied: that he
feared the bankrupt was in a ball state, end he •
would be ruined if he were arm ested, sioee. he
would not be• able t 9 gat bail : the defendant,
however, went immediately to a .friand in the '
neighbourhood, and borrowed 801, broeght it
'back to the bankrupt, and desired him to go and
pay the debt directly. • Shortly after this transace •
tion, the defendant applied, to .the baukr.ipt, and
represented to him, that he did not like to have
the account unsettled, and so large a Sum doe to
kin ,anti desired to see what books he could have
out of the shop, in order to cover his demand;
and admitted that he did not aek-for money; 414
he thought• he could not get it. The haellrupt
,sheyaed him his catalogue, and he eelected the
hOoks.in qUestioti at. prime cost, being such •as be,
thought the bankrupt • could best spare- a-lay:mat
impeding, the carrying on. of his business 5 air
which books the 'defendant was immediately,pat
in possession. The deiendantiarther admitted,
that he took the books to save himself, and tliat
he would not have taken them but tkat he was,
apprehensive that he could get no money, and
therefore he bad not asked for any; an-1 he atia
nutted that he did not ptirchaSe the. books in ore,
tier to sell theoe for profit, but to cover his• debt,
as he was apprehensive 'of the bankrnet's eircuat-
stances. . Time act of bankruptcy was comautted
on the 4th of July, 1793. The banhruptlialself
was examined at the trial, and saly.e., ',hat the
transaction between him and the defeit'dana wag-
without fraud, and that he did not' meditate any
act of bankrnptcyat the time. Lord Kenyha,
however, then haClined to think,_that upon the
'whole of the case it appeared, that the oiler of the
.security was voluntary on the part of the haul:-
rapt; and that the bad situation of his affairs was
known to the defendant at the time he accepted of
it, and he therefore recommended a verdict for the
plaintiff; but the Jury found for .the deiendant,
which Lord Kenyon refused afterwards'ao set
'aside, seeing no -reason, upon maturcr cousidera-
tion, to dider from
.the jury's conclus:o9, atia
thinking that he before laid too much stress upon
the admission ma:le by the defendant, thet at the
time.he applied to the bankrupt he did not ask 'for ,
moneyibecause he thought he could hot get it 5
fol., 'in truth, the same observation might apply to
creditors taking security instead of actual pay-
ment for their debts, and this also sheived (coaai
thmed his Lordship), that it was not a voltnatary•
oiler on the part of the bankrupt, but that time se-
curity --was -given in „ consequence .of his being- •
pressed,by the defendant, who was not disposed
to trust hima any longer. Thus (argued the Solh-
citbr=General) in the present case, it had been
provadathat the defendant had long wanted to
• bring- the accounts between Jinn and the bank-
ruin to. a settl&ment, as well to enable, him to
Complete the purchase of a house in Lothe
bury, 'as to satisfy his 'sisters upon what they
had to depend from their father's estate, whose.
acting •executoe, the bankrupt, was jointly:
with the defendant." Three_
,days before the
act of bankruptcy,' the brothers were dining to.:
gather, and the defendant took an _opportu-
nity of mentioning this unsettled account to hit.,
brother, who desired to take it home with him to •
look it over. He did so, and questioned some of
the items of it ; the defendant . eon Nineed him at
last that the balance which he struck was correct,.
and the'Aankrupt promised to' bring 'the amount
of it the next day, which he
.did by one ot the.
1000/. bank-notes,which he received trash Messrs!
GOSiiilgS; (Sir Thomas -Planter's bankers), anti by
a cheque upon Aft:bars. Robarts and teo. lbs own
bankers, for time remainder. There *was no COI"

'

, •
Ik6iroii title tll4 harii:rept aria ene defend
4tit, aria 118 'contemplation of bankruptcy on the
part of th,e. defendant..
Lord ar;EkitOttotroli.-There need be riOne ;.
and there iS nO urgency proved here on.the
of the defendant. On t.ie contrary, -he objected
to receive the
,three India bonds of 500/. each,
which were intended-as the portions of his sisters,
alleging, that it would be hettei- to settle that
business with the ladies themselves, and that-they
' Would in the mean, time be as safe in the bank •
rupt's iron chest as with the defendant ; for it
Was the, bankrupt -whO had always acted as their
father'B executor. • •
The SOLICITOR-GENERAL 16s deprived of the
ividence of tite bankrupt himself, who had not
obeyed his subpoena ; and left the question to the
0-ury,.whether it was the harikrupt, or the de-
fendant, who had urged the settlement of the
account.
Lord ELLENBOROUCii said, however fraudn-
lefitly the bankrupt had been proved to have ob-
tained the money with which he made 'the pay-
inents in queStion, still tile property was in the
Assignees under his commission of bankruptcy,
'unless had, previously to the . act of bank-
aup;cy, been fairly and legally parted with, by the
bankrupt. Of the contemplation of bankruptcy in
this instance, there:could be no doubt---hiS purchase
of the doubloons on'the 2d,—his taking a-place
in the Exeter Mail, .by the name of Wallis, on •
the 4th of December, &c. clearly proved that be
bad intended to withdraw himself from his cre-
ditors, as early as that first time. As to the
bonds, when the bankrupt handed theta over to
..the defendant, it was merely transferring them
from his right hand to his left ; for both the bro-
thers being executors, they would still have been
in the hands of the executorship, 'and the
:tody of these 'the defendanttrepelled. .As to
the account between the brothers, it was
for the Jnry to say, whether- that was not
rather a voluntary payment of balance, urged
on the, defendant by.-the intended bankrupt,
Who wished to rescue those he loved best, from
that ruin into which he was sinking. If this were
not so held, there was ari end of the bank upt
laws ; and any debtor might on the eve of bank-
ruptcy, dole away all his effects to a few favoured
Creditors, leaving the assiz,nees not enough to pay -
the expenses of working out the commission. •
The Jury foUnd their verdict for the plaintiffs,
for 27251. 2s. Jd. giving the interest on the bonds,
from , the time of their demand and conversion.,
With power to reduce the sum, upon delivery of
*h. bond, themselves, on which more than a year's
interest was due.

SAME V. SAMUEL FRY.
This was an action brought againsfa customer
bf Mr. Walsh's, residing at Plymouth-Dock, to
recoeer the sum of 632/. which the bankrupt's
clerk", Mr. Auricle, jun. had remitted to the de-
fendant, out of another of Sir Thomas Plumf.:es
1000/. notes; also, on the sth of December, by
the bankrupt's direction. The defendant's stock
was sold out by the bankrupt, in the cdurse of his
bUsiness as a stoCk-broker, on the 2d of Decem-
ber; viz, ,J Navy, ;tvhich produced the sum,
remitted in 3 Bank notes, ittiims 2s. 2d. which the
defendant in; his latter, acknowledging the receipt
of the money, promised to convey to Mr. Walsh.
The SOLTCITOR-GEYERAL, for the defendant,
Contended that this remittance was made in the
usual course of the bankrupt's business, on ac-
count on money received for the defendant after
contemplation of bankruptcy, and that the bank-
. tupt was not hound to transmit to the defendant
the identical money which he received from the
Sale of the stock.' These were not cases of hard-
Clip upon the Assignees, or the general creditors,
for the money they sought to wrest front these de-
fendants Ind divide, really belonged to a ,very
learned friend of his, and not to the creditors at
large, or the estate of the bankrupt.
Lord ELLENBOROUGH said, it rested with the
fury to say, whether this was a payment in the
usual course of business, or whether it ,did,not
proceed from the' bankrupt's anxiety to put the
luoney out of his hands before be should leave the
Country. It had been proved by the bankrupt's
clerk, that upon a former occasion, Stock 'of the
defendant's which had been sold out on the- 23c1
'of. November, was not remitted for'by the. bank-
rupt till the 28th ; but the witne-s believed that
41 notice must have been sent to the defendant of
the sale between those times., •In point of fact, it
Was always customary With Stock-brokers to semi.
Immediate notice to their customers of the very
Lour at which their Stock was sold ; but in the
Present case no letter WaS sent to the defendanttill
the-morning of the bankrupt's absconding, and
then the tricylev was procured by breaking one of
Sir Thomas Plumer's Bank notes. If the jury
were of opinion that this transaction was quite in
the-usual course of trade, and not a voluntary and
Partial, payment in contemplation of bankrupty,
they would find for the defendant.
The Jury found for the plaintiffs —damages
63.2/.

•
SAME V. STOCQUELEE.
This action sought to recover the sum of 4501.
Paid by the bankrupt to the defendant, by A check
on Messrs. Robarts, on the morning of the sth of
December, on a running account between the
Parties. •

To prove the defendant's urgency on this occa-
sion, the SOL ICITOR-GENERAL read two letters
From the bankrupt to the defendant, in answer to
letters of the defendant, which were not pro-
duced. They wer,e dated on the 30th of October,
4lid .13th of November, and were full of excuses
for not paying the defendant ; the latter inclosed
Lira a draft for 1001. begging him not to present it
till the next day, for the credit of the bankrupt's ,
banker's account. From these the Solicitor-Ge-
beral would have inferred urgency on the part pf
The defendant ; but

Lord ELLENtOROiIGH asked for letters of a later
(late ; and left the question with the Jury, whe-
ther this payment was made under the influence of
the old importunities, or under any immediate
terror of the defendant's arresting the bankrnpt.
If the letters had been dated on the 4th of De-
cember, the case would have seen different.
Verdict fur the plaintiff's—damages 4501.

The Life Guards, although embarked on their
*rrival at Portsmouth, aye still at: stokes say,
coad do not expect to sail till next month.