The Sun.
London, England, 1802-12-23 00:00:00

PAR'S, nge.

THE Government has received official intelligence
that the POPE has sent to Switzerland a Legate,
furnished with full powers to conclude a Concordat
between His Holiness and the Helvetic Republic.
BASLE, DEC I I.—lt is generally reported that
!he Austrians were some time since considerably re-
inforced in the VoraMerg ; the greatest part of the ,
Regiment of Bender has taken cantonments in the
environs of Bregenz. We are ignorant of the mo-
tive of these measures. On the other side, it is
Continued to be asserted, that General BACHMANN
has inrolled a Corps in the Tyrol, and in Upper
been made to the contrary. It is even added, that
this Corps will enter publicly into the service of
trigland, which however it is difficult to believe.

The difFerent Cantons continue to make reclama-
tions to the Senate and the Executive Council,
against the assessment of the Extraordinary War
}Tax. The Administrative Chamber of, Argovia
as solicited a diminution of the Contingent of that
Canton, but its solicitation has not met with any
success,

RATISEON, DEC. B.—The Imperial Plenipoten-
tlatY has addressed a new Note to the Deputation,
In which it is stated, " that seeing that the Mini-
sters Plenipotentiary have announced the resolution
9t laying before the general Diet the Recess of the
4Junesutation, the Imperial Commission sees itself
those
the necessity of no longer delaying to make
e observations which it had reset ved to itself
u
trn the Recess. Before entetiAg into the matter,
Imperial Plenipotentiary thinks it his duty
agattt to d"tail the- reasons which will not allow
hnl to accede to the Recess of the Deputation."
phis explanation is thus concluded : " The Impe-
rial Commission, seeing the just intentions mani-
fested by the High. Mediating Powers, as well as
tne assurance which they have given of wishing
to satisfy in a suitable manne: the GRAND DUKE of
TUSCANY, and which has been confirmed by their
Ministers Plenipotentiary, imparts with confidence
that that obstacle will be soon done away, it ex-
peas with the same confidence, that until that

epoch zhe.General Diet of the Empire will recoiled
the engagements and obligations which the whole
Empire has taken upon itself by the ratification
of the Treaty of Luneville, and will see the pro_

Posed allotment of the Indemnities in the same point
of view as the Imperial Commission ; and that it
ill regard as unessential and necessary condition
of its ratification, that the just and moderate de_
Mantis which have been made for nhe accomplish-
Inent of the sth Article of the Treaty of Lunevilie
lay be satisfied.'
HAGUE, DE c. r 7.—The affair of General Ylotl-
Tit CHARD remains as it was. The Courier sent
to Paris is not returned.
It is certain that-the Law of the z6th of Fe..
bruary last, against the importation of Woollen
Articles, will be carried into execution without
any restrietion or reserve from the Ist of January.
The Government have proposed to the LegiSlative
Body, to attach the contributions upon Revenue
and Property, to the inhabitants of the Countries
ceded to Holland by the French Government, by
the Convention of the sst of January, i boo, and to
treat them as the other inhabitants of the -Republic.
Letters from Vienna, of the 6th, inform us,
that the plan of an Alliance between Great Britain
and Austria has entirely failed. The failure of it'
is attributed to the ARCHDUKE CHAR LES. Every
thing remains in statu quo on the Banks of the Inn.
Austria has neither evacuated. Passau, nor taken
Civil possession of Salzburg'', and the other dis_
trigs assigned to the GRAND DUKE.
HAMBURGH, DEC. 7.—The GRAND DUKE CON-
STANT' N E returned to Petersburg!) on the 17th Nov.
A new Alliance is spoken of between England, flu_
aria, Russia, Denmark, and Sweden. Ihe EMPE-
14OR of RUSSIA, it is said, has applied to the KING
°fIENGLAND to engage him to assist his IMPERIAL
IvIAJEsTY in procuring a suitable Compensation for
the KING of SARDINIA.

DECEMBER 19.

A shock of an Earthquake was felt on the 7th
;Instant in several Communes of the Department of
. Pitere, amongst which may be mentioned those of
Saint Antoine and Saint Mareellin.
RA-mum, DEC. 8. The Deputation of the
Empire held its thirty-third Sitting yesterday.
The Sub delegate of Bohemia, M. SCHRANT, gave
to the Protocol a very important Declaration, in
which he highly disapproves of the steps taken
by the Ministers of the Mediating Powers, in hav-
ing themselves communicated to the Diet of the
Empire-the general Reces of the Deputation, and the
Arretes it contained. He concludes this Declaration
in the following manner :—" After the stipulation
by the Ministers of the Mediating Powers, the
Deputation can no longer delay to address a ge_neral Report to the EMPEROR and Empire. The
Report ought to make special mention of the pre_
sent situation of affairs, together with all that still
i remains to be done, in order to complete the la-
bours of the Deputation. It ought' also, in conse-
quence, to comprehend the clauses of which the in-
sertion has been called for by the Court of Vienna."
The Diretaorial Minister opened the Protocol with
resPeee to this Declaration, but at present none of
The Members of the Deputation have voted upon it.
STo.cxxoLm, Nov. 30.—Tbe President of the
~_
''Chancery, M. D'ERENHEIM, gave yesterday a
grand dinner to His Royal Highness PRINCE WIL-
p • LIAM of GLOUCESTER, at which all the Foreign
Ministers, and many other persons of distinlion,
were present. The presence of the Prince gives
I
!
i the greatest satisfaaion here, and it is hoped he
7,1)e jllprolong his stay as much as possible. Since
j .1 Peace with the Barbary Powers, all our Fri_
Igates have been recalled from the Mediterranean,

LAW :REPORD.

COURT OF KING's BENCH; DEC. 21.
a/TtINGS BEFORE LORD ELLENBPROVaii D SPECIAL

JURIES, IN GUILDHALL, LONDON.

RUSH AND ANOTHER V. ROWLET AND ANOTHER.
THIS, Mr. ERSKINE stated, was a cause sent
into thaT Court, out of the Court of Chancery, to
try three Issues—First, whether the Plaintiffs and
the Defendants were Partners in a Cargo of Pil-
chards, &c. in a Ship, and also iii another -Cargo
homewards, of the same Ship ?
Secondly, Whether the Plaintiffs were Joint Pro- .
prietors of such Cargo ?
Thirdly, Whether the Defendants were indebted
to the Plaintiffs ?
This case had been in the Court of Chancery, and
these Issues were direCted by the LORD CHANCEL-
LOR, and it.arose from an adventure, in which the
parties were concerned together in the course of the
last War. The Plaintiff, Rush, was a native of
America, and as such, had the benefit of Neutrality,
and he entered into partnership with the Defendants,
to carry on trade in a Ship which was to be in his
name only, to mask the joint concern, and to enjoy
the advantages of Neutrality ; and in the course of
the voyage, the. Defendant, Rowlet, corresponded
with the Plaintiff, and then claimed a partnership,
stating, that it was a matter of honour to have it
settled what share he was to have in the concern,
since there could be no Articles of Partnership exe-
cuted between them, nor could it he made by
Agreement before Witnesses, because the suc-
cess of the scheme depended on its being kept
entirely private. -Mr. ERSKINE proceeded to read
the Letter of the Defendant to this effea, and
also the Answer of the Defendant to a Bill filed
against him in Chancery, admitting the Partnership
in substance, though not in words, for when he put
in his answer, he had different wishes as to the
question of, whether he was to be considered as a
partner or not ? fur a reason that was a plain one.
At first it was expe&ed that the plan would have
been a thriving one : it turned out a losing specu-
lation. The Defendant's answer, however, Mr.
ERSKINE contended, was an entire admission, in
substance, that he a partner, and the first issue
between the Plaintiff and the Defendant in this
case was, the Defendant should not be believed upon
his oath.
With regard to the last issue, whether the De-
fendant were indebted to the Plaintiff, Mr. ER3-
KINE went over the accounts, and maintained that
the tAat
the Defendant had charged sums for premiums of
insurance, &c. which he was not entitled to have
allowed in the way he made them, &c.
After hearing the pleadings of the Court of
Chancery between the Parties, and the correspond-
ence, &c. read, as well as the accounts, &e.
Mr. GI4BS spoke at length on the Part of the-
Defendant.
The Jury, under the direaion of the Chief
Justice, round a verdift fur the Plaintiff upon the
three issues.

COURT OF COMMON PLEAS, DEC. 22.

SITTINGS AT GUILDiIitLL,IIFFOrsE LORD ALVANLEY AND

A Si'ECIAL JUKY.

SFDUCI lON.

GILL W. HOGG.

THIS Aaion was hrouglit against the Defendant
for enticing away the Plaintiff's wife and children
from their home, against the will and. without the
knowledge of the Plaintiff.

Serjeant CociaLL said, it would be unnecessary
to state at any great length the circumstances of thi§
case, from what had been mentioned yesterday in
another Trial between the-same parties. The Plain-
tiff was clerk to Messrs. Willis and Co. and the
Defendant to Messrs. Maitland and Co. both Bank-
ers in this City.
The
Mr. and Mrs. Gill were
elre partiesmarri were also
edinthey,e.4rrel=
and lived together in harmony for a considerable
time. A short period before Mrs. Gill's elope-
ment, the same cordiality did not exist ; hut what
must have been the sensations of the husband on re-
turning home to find hiS wife and children fled ?
Three months elapsed before he learnt any tidings
of them ; and in that period he was almost driven to
madness ; what greater evil could befal a man than
thus to be robbed of his comfort, than thus to have
his peace of mind destroyed ? After considerable
inquiries- without effect, two of the Plaintiff's friends
passing accidentally through Hoxton, saw the name
of Hogg on a door, and concluded, from a disagree-
ment which had taken place between him and the
Plaintiff, that Mrs. Gill might have taken refuge
there ; when they knocked at the door, their suspi-
cions were confirmed by seeing the servant who had
formerly lived With the Plaintiff; but she denied
Mrs. Gill being there. The friends went to the
next how, and there saw Mrs. G. from a window.
On this information, the Plaintiff commenced an
anion for Grim. Con.; and at the time of serving
the writ, demanded his wife and children. The De-
fendant was reproached with his treachery ; but, be-
ing conscious of his innocence in this respeCl, in-
sisted on calling down his sister, who had been
the constant companion of Mrs. Gill's bed.—
The Plaintiff telt some degree of satisfaClion at
this, having at first suspected his wife's fidelity,
and the Affirm assumed its present form. IVlrs. Gill
was entreated to return to her home, but refused :
the children, however, were delivered up, and con-
veyed to the house of a friend. A short time after
a reconciliation was effefted, and they now. lived on
terms of amity and concord. The Learned Serjeant
inveighed with much 'severity on the conduct of
the Defendant, and said, that a man who harboured
the wife of another, without the knowledge or
consent of her husband, whatever might be his
motives, whatever cause tke wife might have for
'quitting the proteCtion of her husband, could not
be justified ; and he trusted that the Jury would
impose such damages as would be a caution to per-
sons in future.
The marriage was then proved.
_ _

Mrs. Wardell, mother:in-law of the Phintiff,
alledged, that some difference had existed between
them-about two years ago; that Mrs. Gill signifi.td
an intention of leaving her husband in consequence
of his ill treatment, which the mother endeavoured

to pre7ent, by stating what might ensue, ThiS
conversation took place in the presence of the De-
fendant, who said, " If Mrs. Gill could help her-
self, she was to blame if she stopped—that he was
going to housekeeping, and she should live with
hint." On the 6th of March last, Mrs. Gill
called on her mother, and said she was going to her
friends in the Country, but did not then disclose
the place of her retreat. Another interview took
place a few days after, when Mrs. Wardell again
recommended her ,daughter to return ; but she ex-
pressed no inclinatiim to comply with her entreaties,
and was also dissuaded by the Defendant.
On her cross-examination, she confessed that her
reason for wishing her daughter to have remained
with her husband, was because she had not a sepa-
rate maintenance.

Mr. Stevenson, a Stationer in Warwick-mutt,
Holborn, who was a friend of the Phintes, depos-
ed, that five or six weeks previous to the elope-
ment, Mrs. Gill applied to him, to request he would
intercede with her husband to procure a separate
maintenance, to which the Witness objected.
This closed the evidence on the Part of Plaintiff.

Serjeant SHEPHERD addressed the Jury in a very
animated and impressive speech. He said it was
important that it should be understood, that men
have no right to alienate the wives and children of
others ; it should also be understood, how far rela-
tions or friends, when they perceive that matrimo-
nial intercourse is nothing but misery and discord,
are justified in opening their doors to the unfortu-
nate ; or whether they were to be deaf to pity and
distress, and thrust a wretched woman with her
helpless children into the street. The foundation
of this Action was, that the Defendant had seduced
the Plaintiff's wife from her home ; but by some
means it was possible to judge from the record what
was the intention of the parties. This case rested on
the testimony of Mrs. Wardell ; and if her story
was believed, it must be inferred that Gill and his
wife lived in harmony, till the latter was seduced
by the Defendant : but could it be supposed that a
man should seduce a woman for no other purpose
than the satisfadion of supporting her ? For, from
the first hour of her elopement, till the present
time, his condud had borne the stridest scrutiny ;
and could he ascribed to no other motive than a
benevolent wish to afford shelter to an unfortunate
woman, whom he kne.w to have just cause to be
dissatisfied with •the treatment of her husband.—•
This motive was confirmed by Mrs. Gill's having
stated her .ve rungs, and applied to her husband's
friend, to endeavour to procure her a separate
maintenance. It was rather extraordinary, that the
mother, knowing her daughter's intention, should
never have intimated it to the husband ; unless she
was aware that he had condoned himself in such a
manner as to be deaf to all reITIODSMITIces. The
Defendant certainly had placed himself in a situa-
tion of great danger—a situation in which the
slander of the world would say, his charity and
benevolence had been extended to the eejoyment of
her person ; and it was the dread of these calum-
nies, which often deprived the unfortunate of an asy-
lum. Had the mother represented the consequences
of elopement, and conjtited the daughter to take
refuge with her children under her roof, this
action had been prevented ; but as some unknown
motive inclined her to another course, the Defendant
was the only relation she had, and he afferded her
protedion. There were other circumstances in this
case which proved that the Defendant's condud was
purely charitable. He had declared his intention to
support his cousin as long as he possessed the means ;
an assertion that did honour to his heart ; and it was
to be hoped the determination of the Jury would not
tell bins that lie should have barred his door against
her ; that unless she returned to her husband, she
must starve, or get her bread in a :.way which
shocked the feelings of humanity. It was not to
be wondered that a woman thus situated, unless she
possessed endurance beyond measure, should hide her
head in the• first asylum she could find.
Some Witnesses were called, who confirmed the
statements of the Learned Serjeant, and disclosed
several scenes too gross to be repeated.
Serjeant COCKELL, in a speech of considerable
length and ingenuity, replied to all the statements
of his Learned Friend, and said, if men's motives
could be seen through their actions, it was im-
possible ti put any other construction on the condui
of the Defendant.

Lord ALVNLEY said he was extremely desirous,
from the nature of this cause, that the Jury should
determine some line by which a man might regulate
his condut in reeeivingthe wile of another. In
his opinion the Defendant certainly did not merit the
aspersions which had been cast upon him, though it
would have been ►core prudent, if he had tided with
greater caution. The Jury were to consider whe-
ther the Defendant had seduced the Plaintiff's wife,
with any sinister motives, in which case, the da-
mages coul,l not be too heavy ; but if, on the other
hand, they conceived that she had just cause to
leave her hu,b4nd, and the Defendant merely afford-
ed her proteLion, the damages could not be too
small, if any. The Jury withdrew for about three
quarters of an hour, and found a Verdiet for the
Defendant.
This trial lasted nearly nine hours.

The crop of sugar in the DanishWest-India islands
has been uncommonly abundant this year. Sr. Croix
alone is said to have exported 30,000 hogsheads.
At the end of, the year 1800, the kingdom of,
Denmark had 694 merchant ships and small vessels,
manned with 4928 men.—Norway, 837 ships and
6334 men.—Sleswig, 427 ships with 1239 men ;
and Holstein, 24.5 ships with 3077 men.
By the last letters from Norway, it appears, that
of eight cargoes of wheat which, since the month of
Septerniier, were dispatched to Drontheim, not a
single one has reached the place of its destination,
so that the price of corn, already very high, has
been, by this means, rendered still higher.
Yesterday R. Gibbons stood in the Pillory pur-
suant to his sentence, for a libel on Mr. Shuttle-
worth. He was brought in a hackney coach to the
Seven Dials, attended b'y Mr. Kerby and Assistants.
The Sl7etiff also attended, with a number of Con-
stables. After standing the usual time, he was
re-coNdueled to Newgate. A large mob was col;
leded, but behaved an a very orderly manner.