The Sun.
London, England, 1802-11-03 00:00:00

SIXTH DAY-7TLTESDA.Y, NOV. 2.

THE only important,Caie which- was tried this
day, was that of
Francisco, the Tyrolese, who was charged with
a capital offence, for that he, on the ibtli otiXtober,
in the parish of Allhallows in the East, with a cer-
tain pistol loaden with gun-powder and a leaden
bullet, wilfully, maliciously, and feloniously did
shoot at Richard IVlaryan, in his dwelling-house, &c.

This Indidment was communicated to the Pri•
sorter through the mediumof an Interpreter, and in
the French language, who was duly sworn for that
purpose. The Case was tried by the London Jury,
consisting wholly of Natives, the Prisoner having,
on a former evening, declared-that he•should prefer
such a Jury.
All, the Witnesses, save:the one under examina-
tion, or those who should have been examined, were
ordered to withdraw.

There was no Counsel employed for the Prosecu-
tion.

Mr. Richard- Maryan, the Prosecutor, was the
first Witness that appeared. He said, he lives at
No. 4, Lombard-street, and is a Goldsmith. He
stated, that on the 16th of Odober,',ablut half
past five o'cloelt in the evening, the Prisoner came
into his shop. When he first perceived hint
he was about half a yard from the door : there
were two candles lighted, though it was not then
dark. The Prisoner advanced' into the shop; on
drawing nearer, he took out a pistol from his breast,
and presenting it at about the tniddle of the Wit-
ness's' body,. said, ". Your money." The Witness
said, " What ?" The answer %vas.'simply, " Your
money"—he said he had none ;,;the
.Prisorter the
third time repeated it,-and in 'a more.resolute tone,
" your money !"—The Prisoner gratlitally drew
nearer,,and seemed to present the pistol with more
determination. At this time, Mr. Minet, (one of.
the Witnesses) entered the shop ; and passed at
the right hand of the Prisoner :: the latter suddenly
turned, and from the positions in which both Mr.
Minet and the Prisoner were placed, he could not
distinalv _see What took place; however, the Pri.
inner occasionally pre.:ented the pistol at them both-.
then stepped forward with the
de!lig-.,' as he:afterwards-explained, of being able to
seize • the Pri•Oner, should he fire at ,Mr. Minet,
dr to pursue him with advantage:..--On Seeing this
-motion, the Prisoner instantly extended his arm,
presented die pistol at his, the Witness's head, and
fired. On' perceiving the deadly weapon levelled
'at 'his head, he drew' back a little, leaned his head
baCkwards, and shut his eyes—at that instant the
-pistol went fifr —At thc.- first moment, he thoug•lit
he had received the contents his head—he
felt his face burned very much.--He saw the
Prisoner run out of the shop, on which he
colleCted himself, and ran out after hiM, crying
Out " stop him, that's he, stop him." At the dis-
tarke cifabout an hundred yards he came 'up with
the Prisoner. About that time the. Prisoner was
endeavouring ro_ defend' hithself, and leaning with
his back against h watt ; he presented a pistol at
him, which he held in his right hand. A Captain
Stuart rushed in on him and wrenched the pistol
out of his hand ; the hanimer of the piitol, he ob-
served, was down. A number of people were soon
colleCted abotv the spot; he could nor distinelly
see every thing that was done. The Prisoner
was at length secured. 'He was positive of his
identity, and that he was the man who entered his
.shop and fired at him. His face was very much
burned, which he understood was bye the wadding.
He saw the ball extraaed from the wall into which
it had penetrated, through the pannel of the wain.
scoat.

The Prosecutor underwent a long and striet cross
examinvion by the Prisoner'S leading Counsel,
Mr. STEpHitys, from which nothing material tran-
spired, to invalidate his chief examination. The
place where the ball entered the pannel, he said,
might be about two inches higher than the level of
the upper part of his head, as he held it when fired
at.

Tle statement of the Prosecutor was communi-
cated to the Prisoner, by the Interpreter, and taken
from the Judge's Notes, and on being asked, he
5.:11(.4, he, had no question to put to the Prosecutor.
Mr. Minet -said, that he lives at No. 8, New
Broad-itreet, and is a Merchant. About the time
stated b\ die Prosecutor he went into Mr. Maryan's
shop. He saw a man standing near the counter,
and r,4ther obi4luely : he heard him- say the word
" money," which induced him to Rasped something
was .1/4v rang : he then rushed into the shop, and in
so doing pushed the Prisoner's right elbow; his in.
tent-ion was to lay hold of him. The Prisoner
turned, and pilt a pistol close to him; upon which
tie rather Orem, tiack, and stooped _tor a rno-
ruent,„ f:ctotz the counter. At that instant the
Prisoner pres 'nted the pistol at Mr. Maryan, fired
it, arid ran out. Mr. Maryan instantaneously i)st.
his ha,:d to his forehead, and cried our, " 0 God !"
which made him apprehend he was dangerously
wout,iicd; that, however, was not the case. Mr.
111l!ryan ran out of the shop, and he, the Witness,
followed, crying out, " Stop thief." He saw very
little of the apprehension of the Prisoner, on ac-
count of the crowd.

Mr. Minet was cross-examined on the part of
the Prisoner, by Mr. KNAPP, but nothing mite-
rial transpired.
Captain Stuart stated, that he had passed Mr.
Maryan's house about too yards, when he heard the
report of •a pistol.--=ln a minute after., he saw the
Prisoner following him; on which, he, the Wit-
ness, turned round and observed a pistol in each of
his hands—he immediately seized the right hand,
and took a loaded pistol out of it ; in a minute
after, he saw the Prosecutor come up.—The whole
transadion passed almost instantaneously.
Mr. Dwyer, a Hair-dresser, stated, that as he
was sitting in the shop, No. ;z, Lombard-street,
about the time mentioned by the foregoing Wit-
nesses, he heard a pistol go off—he ran to the door,
and saw the Prisoner with a pistol in his hand ;
when he had got near the watch-house, he closed

with him, and took a pistol from his left hand,
which was not loaded.

Mr. Canner, the junior City Marshal, attended
at the shop of the Prosecutor when the ball was
searched for. He described, that the ball had pe-
netrated a little way into the brick work after
passing through the panne!. The ball which. Was.
found, and the panne' in question were produced in
Court, and submitted:AO the inspeCtion of the
Jury; &c. .•.:

tu
On the cross-exarubnuWat,ton 'nf Mr. Canner, he
described that the spot, the ball entered the
wainscoat was about 31.0.hir above the height
that he understood the ProieWor's head to be, at
the time the shot was fired.

The testimony of the zd, 3d, 4th, and sth Wit-
nesses was then communicated to the Prisoner by
the Interpreter; after which he was called upon for
his defence. •

. The Prisoner gave the Court to understand, his
defence was entrusted to his Counsel. However a
written one was presented, which was of consider-
able length, and being read by the Clerk of, the
Arraigns, appeared to be to the following effeCt.
He disclaimed every idea of any criminal-inten-
tion whatever. He could. be impelled by no per_
soma animosity or malice towards the Prosecutor;
but the recolleCtion of what had taken .place over-
wheline,'d him both with astonishment and shame.
In'unhappily-firing he had no sort of intention of
killing,' or even of injuring the party, The con-
fusion he wain at the time would rt,it,admit of a
moment's refleetion. He was unconscious of, what
he did. His conduCt 'originated in the extremity
of distress : for more than two days be had taken
no nourishment whatever; he had no means of
existence—in the night he was driven to repose
among• the dismal walls of unfini.hed houses. His
determination in procuring the pistols, was to put
an end to his
.miserable existence, which he would.
have done, had he not. been prevented by the
humane interference of a Lady, and. two servants,
who saw him: in the Park. After that his mind was
totally deranged, as would appear from what .had
taken place after his apprehension. He solemnly
declared to God, and to the-tribunal before which
he then appeared, that he had no intention to are,
and pointed:out ,the circumstances which must evince
that such a proceeding could be dilated only 'by
mere madness. . .

He lamented 'that he was unjustly accused before
the English Public, by accounts inserted in some of
the NeWSpaperS that he had been guilty of robberies
and other offences. He trusted the Jury would not
be prejudiced by such calumnies, which they really
were, as in no other instance than that with which
he then stood charged, • had he ever offended against
the Laws of any COun'try, and concluded with an
appeal to the feelings of the Jury.
A Mr. Duggan, who stated that he was aauated
by mere motives of humanity, came forward as a
Witness on behalf of the Prisoner. He stated, that
he had measured the breadth of the counter of the Pro.
secutor's shop, which was no more than A; inches :
he also particularly.tneasured the height Of the place
whete the-bail ell L LIIC Wair!Je...t rec.an tiie ground,
which we tinderstood
,the Witness to say was full
five inches higher than himself, and that his height
rather exceeded five feet nine inches.

This fart, however, with a reference to the
charge against the Prisoner, the COMMON Sex,
jEANT was of opinion was not material,
Mr. Figge, jun. from the Poultry Compter,
stated generally, that the ccinduti of the Prisoner
sas such, after his committal, as to render the use
of a straight-waistcoat necessary.
The Jury retired to consider of their Verdia ;
and after remaining about three quarters of an hour
out of Court, they returned, and found the Prisoner
Guilty—Death.
The Court was uncommonly crowded, and the
Prisoner apparently manifested a considerable de-
gree of apathy and indifference during the trial.—
He stated his age 'to be 27.

•••••••..,.

William Parley was tried for stealing cash and
notes to the amount of 70l the property of William
Wood, in his dwelling house. Guilty—Death.

SPORTING INTELLIGENCE.

NEWMARKET THIRD OCTOBER, OR. HOUGH.
TON MEETING, doz.

MONDAY, NOV. 1.

fifty Pounds for 2-yr olds, carrying a feather ; 3-yr olds, fist.
jib. ; 4-yr olds, Bst. 91b. ; t-yr olds, gst. 31b. ; 6-yr olds,
gst. 71b. ; and aged, gst. tel . Three last miles B. C.

Mr. Delme Radcliffe's br; It. Lucan,.6 yrs old "- . r
Sir F. Standish's b. f. sister to Gouty, 4 yrs old • - • 2
'Mr. Panton's ch. c. Trombone, 4 yrs old _ 3
Mr. Williams' ch. h.. Canterbury, 6 yrs old , 4
Ld Sackville's br. h. Expectation, 6 yrs old - 5
Mr. Heming's b. h. Parnassus, 5 yrs old
Mr. Jos. Farrell's ch. c. Northampton, 3 yrs old - 7
Mr. Dawson's ch. g. by Coriander, 2 yrs old - g

Six to i against Lucan ; z to x against Sir F. Standish's
b. 1. ; 4 to i against Trombone ; tz to r against Canterbury;
6 to i against Expe&ation.
Sir C. It unbury's Whirligig, Bst. ;21b. beat Mr. Lock ley's
Hospitality, Bst. 31b. R. M, scgs: h. ft.-2 totot on Whirli.
gig.

Mr. HoVrorth's Aniseed, Bst. alb. beat Mr. Howard's
Tawney, 7st. 41b. B. C, toogs. h. ft.-2 to ron Aniseed.
Mr. Howard's Chippenham, Bst beat Mr. Haworth's Mal-
ta, 7st. 51b. D. I. sogs.--7 to a on Chippenham.

Mr. Wardell's Haretbot, Bst. 71b. beat Mr. F. Neale's f.
by Driver, 6st. 'db.—First half of Ab. M. .:3g5.-4 to on
Harefoot.

' On Sunday evening, between six and seven o'clock,
as Mr. Williamsoq, of.Castle-streer, was returning
home from Bedfont, accompanied by Mr. Reed, of
the latter place, in'a single horse-chaise, a man jump_
ed up behind the chaise in Holborn, nearly opposite
the George and Blue Boar, and stole therefrom a box
belonging to Mrs. Reed, which lay behind Mr.
Reed, in the head of the chaise ; at the same time
giving Mr. Reed a blow on the arm ; and before
Mr. Reed, who was much surprized at receiving so
unexpefted a salute, could give the alarm or get out
of the chaise, the man was out of s ght.

TO THE EDITOR OF THE SUN.

SIR,

You
.will oblige me by inserting in-your respeft-
able Paper, the following Observations on my
,H,istory of the late Irish Rebellion*. A number
of false and scandalous Libels, refleding on my
charaaer; . and theauthenticity of that Work; have
appeared in Magazines, Newspapers, and Reviews.
As.to my charafter, I hope that the loyal and re-
speaable part of the community, of whose esteem
and good opinion I am proud to' boat, 'will not
think it necessary for me to say any -thing in its
defence ;_.but, as the veracity -of my -History has
been impekcheci by. the Authors of said Libels, in.
some trifling points, in no wise affeting its general
authenticity, I think it necessary to. say :something
in its vindication ; as the materials for that History
were colleeted with the greatest assiduity, the most
scrupulous inquiry and discriniination, and the
stridest regard to truth ; and; as it Was written
for the purposeof, giving the $ ritialt Cabinet and
Parliament at present, and posterity. hereafter, an
accurate narration of the late Rebellion, and a fair
representation of the state of Ireland many years
previous to that dreadful event. Three Editions of
that Work, consisting of no less than 3850 copies,
have been circulated in England, Ireland, and
Scotland; and anxious for the establishments of
truth, I made the following Appeal in the Preface
of each.

" Though the Author has made: truth his polar
star, in.the course of this Work, it is possible that
some. errors might have occurred in it, lie hope's,
therefore, that if the reader should discover any
he will be kind enough to communicate them
to him, and he will amend them in the next edi-
tion." I hope the Public will consider the follow-
ing declaration a full and sufficient Ans-wer to the
Autli,ls Of those Libels " That no person whatso-
ever has succeeded in invalidating the authenticity
of myHistory, in any one occurrence. related in-it ;
and I defy any person to do so.": On the contrary,
rhave received the most flattering- assurances from
the Officers who campaigned in the late Rebellion,.
that the military transaCtions have been 'faithfully
described; and I havehad,the same.testimony-from
the Civil Magistratei, and, from those "who, were`
competent to decide,upon the other events ; and- to
them I appeal again. To the .few feeble :attempts
which have been made to question my- veracity in
some trifling points, have written an Answer,
which has been publi'shed by JOHN STocK4t4E,
Piccadilly. I am still open .to convittiOn,7:ind
should any person.: come. forward, and:prove_ to me,
coolly and dispassionaiely„that I havc-coutratted
any one error, I willimmediately acknowledge And
correct it. , • "

I am, Sir,
- -• di Your most obeent Servant,_
RICHARD MUSGRAVE.

D ablin, Oa. 27, 13oz.

'ln'z vols. Bvo. printed fOr Sto4dale, 'Vice

SHIP NEWS.

YARMOUTai, NOV. I.

Arrived—the Dart, Scott, and Peace, Bryant, from pe-
tershurgh ; and Vigilant, Dingle, and Selby, Bromley, frOm
Hull. - •

Sailed-the Astley, Ellard; Herring, Sterry ; Charlotte,
Yexley ; Friendship, Conyers ; Ann, (.;arson, .linct Mary,
Horn, for London ; James, Itotterdani ;. Staff of
Life, Rodwell, for Liverpool; Venu...i, El'vtli, arid Thornas„
Elvish, tor Lisbon. • • • • -

GR NOV, I.

Passed by—the Stroet ; ; Advice,
- George, Coverdale; Zephyr, Ellerby, and Forti-
tude, Miller, from Paelburgh;...Amtton, frnm
A rchang,l ; . Venus, 8:-nith, from Stralsund Curlew, Caith-
ness ; Hope, 'Cookson, and Ganges; from Dantzic ;
Jacobus,• —, from Boulogne.; At/bert.and Sar?h, Car Man,
from the• Bay of Bogs ; Adriatic, Ford,. from Quebec ;; Eli-
zabeth, —, from I,e;horn ; Branch, Wright, and
john, Walker,. from 'Malaga ; Succei,s, from Amster-
dam; Elizabeth, Ohlers, and Reinolds, front; ilant-
bro'. • • ,

Sailed—the Generous Planter, Beattie, fo'r Jamaica; Adel-
phia, Urquhart, for Dominica ; FriendA4), Durant, for
Cork ; Sao Joseph, for Bilboa ;,Hope,Tait, for Ham-
bre; True Love, •Emett, for Ross; Vrovv Margfetta,
Swans, and Harmony, —, for Amsterdam..

,

DAY.

India Stock 2031 4
South Scii Stock.
Exchey. Ilill4 s. s. prem.
Fundable ditto prein.
' 311 Exchequer !lilts dis.
°minium 0 toi ro
!fryer. 3 pet Cent.
Ditto Ann.
wank for opening
India for Acc.
Cong. for Acc. 68/i 7i 8/

XCIIANGE. '•

OV. 2.

•
Madrid in paper ,
Ditto •• -36 e efleatve ,
Leghorn - - '
Naples - - - 434:
Genoa - - - 47
Venice - 54
Lisbon . . 68
Opoito . 68
Dublin . . gz
Gilboa - - 363