The Sun.
London, England, 1802-01-28 00:00:00

JANUARY 24.

We were mistaken, when we stated that the
Senate would nominate the twenty Members of tl',o
Tribunate and the sixty of the Legislative Body',
who are to go out by rotation. That is not exaCtli
the fart : the Senate will name the Sixty Membell
of the Tribunate, and the two hundred and fortf
Members of the Legislative Body, who are to
continue their funaions for the ensuing year. 1$
is said they will commence the Eleaion this day.
BERLIN, JAN. 9.---The Russian Minister, the,
the Baron De KRUDNER, has -received a Couriee
from Peters4argh, who brought him Dicpatches sof'
ficiently important to cause many conference,, ; ail
at this moment, a report is abroad, that a Congress"
is to be held at Berlin, between Russia, 4ustr;t7 afl
Prussia. •

HAM UR cu, JANq 2..:--RlMiez has resented
plan, according to which, France and England are,
to recognize the Independence and Neutrality
.the Order of Mdlta, under the diret protalion
~the KING of NAPLES, whose Troops are to gartis°ll
the Island. It is said that England will acquics46

in this proposition.
STUTgAILD, JAN. ti'
has given orders to collect every doeurnew and c
curnstance relative to the last. War against FranTiv
as a, eircurnt.,,,tl4 I-L.A:lilt Z. ;G. be
View:a, of that truly memorable event,
RArIsBON, JAN. 12.--In the first Assembii-
the Diet held here since the Recess, the
.f-Arof °I
Mayence officially communicated the renuncistil
which the ELECTOR and the Bismor of ,SrIAEs
formally given, of their Episcopal Rights on thl.
Left Bank of the Rhine.

• 2.-----•--
Li6Ts„ JAN. First Consul received
Deputation from Bourdeaux,' who expressed till
wish of the Inhabitants cif 4a GiroNdr to set;
withi❑ their walls.

The Consul was sensibly affected with the te,Stll
, mony of affetlion offered...him by the Citizen
Bourdeaux, and expressed' his intention, as sogilas
circumstances would permit, to visit all the differql
parts of the Republic, and particularly the. City °
Bou'rdeaux. He afterwards cori'versed with the P
puties concerning their Maritime Commerce, and
the approaching prosperity of their important CitY•
PETERED V RGH, DEC. 26.--PAUL I. had escP
Wished a Commission of justice, solely to Prci;
nOunce on the affairs of the Catholics in spirit°
matters. ALEXANDER, I. has dissolved this
mission, and instituted in its place a Romin Catbei
lic Ecclesiastical College, of which the Archbisil
of MoHILow is President, and which is coMpose
of one Bishop, one Prelate, and one Canon fr_°
every Diocese, to be elefted every three ye3fsi
This College is to judge according to the Laws °
the Roman Catholic Church, but without exercising

any ecclesiastical authority whatsoever.
COPENHAGEN, JAN. 5.—They write from FM.;
neur, that in the night of the 4th they experience
there a most violent hurricane, by which an Englisb
Vessel was cast on shore, and entirely wrecked'
—Many misfortunes of this nature, have also happene
on the Coast of Sweden.

Governor WALL was executed this morning p
the Old Bailey, pursuant to his sentence. w ii-pa
he first appeared on the scaffold, he seemed calm 3111
resigned to his fate, but on the populace raising,n
loud shout, and cheering thrice with most "7311E°Ai
and unfeeling barbarity, he turned pale, and w-is,
greatly zgitated. He reznained only three or fe4,
minutes on the'scaffotri, when, as he was add,resoni/e
himself to the Clergyman who attended him,

was suddenly launched into eternity. •
In the list of bidders for the ensuing Loan go
.F,
in Tuesday's Paperi the natnei of LA.w, 13R'1%,
and Co. were inserted.by mistake-instead of Wu-1'
BRtl4, RE SO, and C4A, •

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HAWKLEss v. mit-Cl/El,:
,t,i
'ne ATTORNEY GENERAL said, that this was
f
iITI Aflion tried befoie his Lordship and a jury 0
The
rrebants h) Guildhall, at the last Sittings.
c44-wiii the Owllei o: a Brig called the Duke
IL'Cumberlancl: The Defendant was the ca- Drain
Boxer ;
61.6te of His Majesti•'s Ships. called the
the hoof
Than was at anchor at a. place in, the. river
tiles, called Galleon-reach: The Cumberland
ran lOW of the Boxer, and in order to extricate the
. '3 shi
the Ps, the
tw
Defendant ordered some of the rig-
ging of Cumberland to be cut away. The men,
of course; obeyed the orders of their Commander,
and accordingly the rigging was cut, an.d the vessels
and
disentangled, upon svhich an AEtion was
drought agaitiSt the Captain for &Images, for 'the,
injury which was thus sustained by the Plaintiff.
- The Defendan
case «t pleaded that what he did in this
was for the preservation of the ship." To
which there was a replication, " That the Defend.'
ant did more damage than was .necessary for the
preservation of the ship." The Case being fully
heard, the Jury found a he
for the Plaintiff,
against the preponderance of the evidence, and
Lordthereforeis he was no to move tor a new trial.
ase was KENYON sw.
aid, that the single
question in
this C, Whether the Defendant
committed
an excess in had, this case ? And the Jury had found
lie
The ATTORNEY GENERAL said, it Was interest-
ing to the Naval Service of this Country, to know
Whether, when an Officer does the best, according
to his skill, in the management of .the. ship under
his command, he was answerable for any' damage
he knight thereby occasion to those who had .so
Misconduded themselves as to run foul of him ?
Lord
far doin
KENYON said
awe or
, that no Officer could be an_
but
ble g his best. upon an emergency,
ut that was not the question here. The question
Was W hether the Defendant had -committed any
excess or not ? that is to say, whether .he had:done
more than was necessary to extricate the two ships?
That very question was left to the Jury ; they had
Concluded upon that question against the Defendant.
Whether I should have drawn the same conclusion
or rmt, said his Lordship; is not for me to say, nor
would
ld it be ' important if I should . not, for my
with
opin, On such a subjea, is nothing in comparison
that of the Jury who determine it. (1110 of those who
took The con-
uefence (the Admil
would
Lilty) wp this d
as most honourable. They bad said they
be at the expence of discussing this matter
before the Jury, so that if the Defendant had done
no more than he ought to have done n the situation
in which he stood; his defence should cost him
nothing—but if it-should appear that he had done
that which could not be fairly defended, they
thought the public purse ought not to pay for that
the
hilpropriety. The Jury, after hearing the whole of
Case most attentive)y, thoht th muc of
what the Defendant did, wug
as wantonlyat done, -of
Which there was certainly some strong evidence.
. !t Was proved, that while the men were endeavour-
ing to disentangle the ships, the Ca Said
~,,o ,
.`` damn theta, , cut • • " p
y, and that at this -time a
. . ,lort pause an y,
lit tle:patiende would have enabled
the tllzn to extricate the two vessels without much
,ificuity, and With-very little damage.

• COURT OF KnlG.s. JAW. 27.
LORD KENy.Ox appeared. on the Bench, for the
first time this Term.
Several cases from the Sessions stood for argu-
!tient. In the_course of which,
Lord KENYON observed, it was a thing much to
!'".lamented; that cases were so defeaively stated.
••:d sent up to the Court for its decision: They
upoii the Court. The praaice he: had
most to complain of, was, that Gentlemen sent up
."-.;deftce.on cases, instead of sending up the finding
.; Jig, -for Justices at the Sessions pught- to find
.:'is on
.a case as. a Jury did, not to Send up evi-
,',,:nce to leaVe the. Court to determine -the fact ; for
A,hich reason, cases were perpetually sent back to
)e re-stated. There was one case now before the
.Court, in which the Justices at the Seision ought
to have found whether or not there-had been an
hiring for a Year ; instead of whi:h they had only
stated evidence, and left the Court to conclude
whether there was an hiring for a year or not,
which the Court could not do. In another case,
the Justices had not found, whether a .certificate
Was delivered to them or not, but they had stated
evidence upon that fal, from which he had,no doubt
it Was delivered, but the Court could not' say so :
it was the business of the Justices, at:the Sessions,
to find that fat, and, therefore, that case must,
also, go down to be re-stated. Instead of leaving
the Court to spell out every word in a- case, the
Magistrates should state substantial fans. : These
things were grievous and wasteful.
Mr. justice GROSE said, the Justices had found
that there had not been a proper delivery, he did
not know what they meant by a proper delivery.
Lord KENYAN said, he remembered a case in
'Which the question was, " Whether a certiorari
was delivered to the Justices ,or not, in a county
not very distant from the Metropolis, and there
was much pride exhibited on that-occasion, on ac-
count of its being thrown on the table, and not
delivered with due submission, and so forth. ' He
hoped,
that i this case, in considering Whether a
certifichd been delivered.or not, they would
look at the thing in the way of plain common
tense, and that they would not be advised
-to stand
pon silly forMs; It would be ridiculous to require
that it should be-done vt•ir.ll one knee bent, and one
hand stretched forth. That it should be held in
the right instead of the left-hand, for these things
'were not more ridiculous than some statemdnts that
were made in these- cases. His Lordship added,
I‘ I want snbstantial fans to be found, according
to the common sense and titular case; but
real Justice oent f each par_
go to the other these,defestatements,, which
pensive, ode of Justice, are most grievouslytion."
and produce most unnecessary 'litiga_
•
The Court Navin
ases for the through the remaining .
new
trials da g gone
y, proceeded to hear Motions r
that of
T 1 j the most remarkable of which was

nation of his Lardship'Ssopinion, was rather.aiainst-
the verdiet ;, and, he submitted, againsolie weight
of the Evidence. for two Naval Officers, of great,
experience, had sworn 'they believed, froM the •
testimony of the'Witnesses; the Defendant did no,
more than his duty on this occasion ; ' one of whom,'
Captain Hood, declared he should have done more,
for that the ship Was in cranger_of drifting With, the
tide. This ship, of which the Defendant was .torn-,
mander, was going to Copenhagen. at the time,, on,;
urgent service. He was sure 'lteispOls-- the lan-
guage of the whole Navy of England, when he said,
that if these verditis were given, and acquiesced in,
no Officer could, with6ut subletting himself to an
ac} upon an_eniergency, with that prompt-
ness which the interest of the Service required.

Lord KENYON said, that every word he had de_
'livered to the Jury on that 'occasion, led to a con-
clOsion totallv.different from that most unfaVontable
one to the Service, which the ATTORNEY GENERAL
had mentioned. It was, 'he hoped, and, he be-
lieved, his habit to address Juries with a liberal
regard to the service of his Country, and to tell
them, that if the case was doubtful, to turn the
scale in favour of those :who aced in the service .of
their Country, when they were accused of doing
damage in the course of it. He believed he did so
in this case.' The jury considered the whole of
it, and now he was afraid to say, that they drew a
wrong conclusion.
Mr. ERSKINE said, that this case was decided
by a full Special Jury of 'Merchants, in Guildhall.
The ATTORNEY GENERAL said, 'that was no
reason why there
.should not be a new Trial, if the
Verdi& appeared to be against the weight of Evi.
dence, as he contended this to be.
Lord KENYON said,. that'he.was inclined to say,
there ought not to be a new Trial in this case—but
if the ATTORNEY GENERAL was .dissati6fied with
that opinion, the regular course would be, for him
.rO make his -Report to. the Court.
The ATTORNEY GENERAL said, that he had rea-
son to know it was the sentiment of the whole Ad-
miralty, that if this Gentleman had, aled other..
wise than he did, he would have deserved to have
been broken.

Lurd KENYCii.7.—" I have very great and un-
feigned respeCt for -the Lords of the Admiralty, but
I cannot, in my situation on this Bench, take their
opinion against the Verdict of -a Jury upon a point
of flt6t,"

The ATTORNEY GENERAL said, that this Vessel
was going to Copenhagen, and that no time was to
be lost in the prosecution/of that voyage. It was
the opinion of Captain Hood, that the mast might
have been tarried away if the rigging had not been
cut, as' in this cage.

Lord Kt Dirtix said, that all 'these points were
before the Jury; and, really, after all that could be.
said upon it, the single question was, whether this
- Jury had drawn a false Condit:Sion or not There
was evidence on both sides. The Jury, who alone
could decide; had decided. Nobody could be sure
the decision was wrong. It then came to this :
That whenever *A party thinks the conclusion of
the Jury is wrong, there must be a new Trial, for
the purpose of trying whether another Jury might
not think otherwise. This reminded his Lordship
of what was it.aid by Mr. Wilbraham many years
ags-), *if) it Motion far a new Trial.—" -This,"
said he, " is a Motion fbr two new Trials, because

it is a motion to try whether another jury will not
conclude differently from the first, when there was
evidence on bOth sides, and if they do, there must
lie a Second new Trial, to see whether a third Jury
will not agree with the first."

Mi. •ATTCiRNEY GENERAL.—• " My Lord, -I
have done my duty in thig.ease." •
lord KENTof4.—‘i Yes, you have, certainly ;
and,,l hope,-we all do our duty in our turns."
Motion for new Trial refused: