The Sun.
London, England, 1841-12-06 00:00:00

further proceedings against the almoner to the Ministers t
of the Interior and Public Worship.
A few days ago, the Mayor of Lyons distributed the
forty livrcts, or books-of-deposits, in the savings' banks
of twenty francs each, for which the Duke d'Aumale
left the amount when he passed through Lyons, with in
structions than it should be divided amongst the most
deserving pupils of the communal schools. The deposits
have been divided equally between the ecoles chretienner
and the ecoles d'enseignement mutual. Eight young
girls were among the-number.
A physician keeping a maison de sante, and receiving
into his care a prisoner for debt, is responsible for his
safe custody, unless he can prove that the evasion of his
patient was the consequence of irresistible force. In
case of escape, the creditor suing the physician for da-
mages, is not bound to prove that it was the consequence
of neglact on the part of the physician, or those having
the direction of the establishment. This was declared
to bo the law in an action before the Cour Royale, which
came to a hearing- on Tuesday. M. Boucheporn, Re-
ceiver-General of &o Haute Marne, obtained judgment
against Mr. John Irving, a Scotchman, for a debt of
46,740 f., upon which he was arrested and committed to
prison; and detainers were afterwards lodged against
him to the amount of 100,0001'. After three years' con-
finement,, Mr. Irving, upon a medical certificate, obtained
an Order of Court, to be transferred to a maison de sante,
kept by a Dr. R., who thereupon undertook the safe cus-
tody of the debtor. On the 16th of May last, Mr. Irving,
in attending a lady who was in the habit of visiting him
to her carriage, as he had repeatedly done before, instead
of returning into the house, got into the carriage with
her, made off, and has been no more seen in France. The
facts being proved, and the arguments of the Counsel on
both sides being heard, the Court decided in favour of the
liability of the physician, and adjudged him to pay da-
mages to M. Boucheporn to the amount of 10,000 f., to-
gether with all his costs of suit.
The Droit states that it has received a letter from the
journeymen brassfounders, explaining the grounds upon
which they have struck work. They admit that they
have required the masters to diminish five hours a week
in their work, but deny that they have demanded any
increase of pay. They quote many cases of illness and
death arising from their excess of labour. At the same
time they deny the truth of the accusation brought against
them, of having endeavoured to turn from their work
such of their fellow-labourers as chose to remain em-
ployed. Some more arrests of these men were made
yesterday.
Rear-Admiral Parseval Dechene has been appointed
Maritime Prefect at Cherbourg, in the room of Rear-
Admiral de Martineng. who is admitted into the second
section of the Staff of Admirals. In mentioning this
change, the Temps says, " The naval officers of the port
of Cherbourghave presented to Rear-Admiral Marti-
neng, in testimony of their esteem and regard on his
quitting the Maritime Prefecture of that station, a fine
painting of the battle of Algesiras, for his conduct
on which occasion M. de Martineng was pro-
moted from the rank of Capitaine de Fregate
to that of Capitaine de Vaisseau. The picture re-
presents the French division at anchor and the fleet of
Admiral de Saumarez coming down to the attack. Ad-
miral Linois' ship Formidable is seen in the fore-ground,
and near her the English ship Hannibal, which
was taken. In the distance is the Muiron frigate, Capt.
Martineng, who has sent 130 of his men to occupy Ile
Verte, where the British boats were going to take pos-
session of it, and one of which was sunk, and another
captured. • On the picture are inscribed the names and
dates of all the principal actions in which the Admiral
has been engaged—namely, Port-au-Prince, in 1793 ;
Frejus, in 1793 ; Bull Bay, in 1790; Algesiras, in 1801;
the taking of Port-dc-Paix, in 1802; Trafalgar, in 1805;
Ferroll, in 1806 ; Cadiz, in 1808 ; and Arcos, in 1809."
On turning to the columns of the Annual Register for
1801, we find a long account of the action in the Bay of
Algesiras above alluded to, accompanied by a handsome
testimonial to the coolness and courage displayed in it
by the French. The substance of the narrative we
subjoin :—" The French squadron was that of the Ca-
diz station, under Admiral Linois, and consisted of two
80-gun ships, one 74, a frigate (that of Captain Marti-
neng), and several cutters. It lay at anchor off Algesi-
ras, on the 4th of July ; and Admiral de Saumarez, on
receiving information of this, resolved to attack the
French force. The British squadron consisted of three
84-gun ships, two 74 (one of which was the Hannibal),
a 40-gun frigate, and a 16-gun lugger. On the morning
of the sth he sailed towards the French squadron, but
was inconvenienced by light winds, which forced the
English frigate to come to an anchor, from the same cause
the Hannibal ran aground near one of the Spanish
batteries. These batteries were of formidable strength
at Algesiras, and they fired on the British ships
throughout the action. The battle was a sharp one,
and though Admiral de Saumarez endeavoured
to run between the Hannibal and the French squa.
dron and batteries, he could not do so on account of the
wind, and he was obliged to sail away. The Hannibal
(Captain Ferris) upon this struck her flag, after having
had most of her sails and rigging shot away, and with
143 of her crew killed or wounded. The total loss of
the British ships was 375 killed and wounded. On the
other hand, the two 80-gun ships of the French squa-
dron, Formidable and Indomptable, were stranded in
' this action, after their Captains had been killed, and
the 74 was disabled from service. The Madrid Gazette
of that period claimed the honour of capturing the Han-
nibal for one of the Spanish batteries, and asserted
that the French loss in this action was 800 killed
and wounded. This battle was announced in an official
note read in all the theatres of Paris, by which it was
stated that six British ships of the line had been
either taken or beaten back into Gibraltar by. three
French ships, but no mention was made of the Spanish
batteries. . The sth of July was called the Naval Ma-
rengo, and the destruction of the Modern Carthage was
predicted in an epigram much admired at the time be-
cause it had lost its Hannibal. A week after this action,
the French squadron having succeeded in getting the
Hannibal afloat, and having been reinforced by five Spa-
nish sail of the line under Admiral de Moreno, with
three frigates and a large number of gun-boats and smal-
ler vessels, sailed for Cadiz, Admiral de Saumarez im-
mediately pursued them with the same number of ships
as he had before, only the Pompey, an eighty-four, which
Wald not get under weigh in time was replaced by the
Thames. At night the action began with the sternmost
ships of the French and Spanish squadrons, but only
fold of the ilritish elflpa were able to get seriously en-
gaged. After a sharp running fight, two of the largest
vessels of the combined squadron took fire and blew up,
tWo others (Spanish three-deckers carrying each 112
guns, ran foul of each other, and both sunk ; a third
struck her colours, and the remainder of the squadron
was totally dispersed. The French ship Formidable,
Captain Troade, was engaged by the Venerable, Captain
Hood, and was nearly silenced when the mainmast of the
latter was shot away, and the Formidable got into Cadiz,
where ultimately the other ships of the combined squa-
drons, much shattered, took shelter. Admiral de Sau-
marez returned to Gibraltar to refit, and then proceeded
to Cadiz, which he blockaded. On the news of these
operations reaching England, the gallant Admiral re-
ceived the ribbon of the Order of the Bath,"