The Sun.
London, England, 1805-02-07 00:00:00

LAIN REPORT.

COURT OF KING's BUNCH, WzONISDAY, Era. 6.
AVISON LORD X.INNAIRD.
This was art application for a new trial. The
motion was argued on the 3155 of January last, but
a further hearing was postponed to this day. Mr.
Justice La BLANC read the report of the trial at
Lancaster, from the minutes of Baron Gamiest,
who presided. It was on a Policy of Insurance on
the wife of the Plaintiff. The depositions were
very contradielory, some describing her as a fresh.
coloured healthy woman, of great vivacity of tern.
per, others as labouring under a fatal disease, from
habitual intoxication, and as wholly unfit to he the
subjeat of such an insurance. The Witnesses for
the Defendant said, that her ruddy appearaece was
to be attributed to the. use of rouge; that she drank
a bottle of brandy a.day, and that all the restore.
five power of bark and either could not preserve
life under her excesses. The argument this day was
wholly confined to an alledged mis.diredion of the
Judge, in admitting as evidence the dying declare-
tions of the wife of the Plaintiff.
Messrs PARKE, Tor men, and Wool), contended,
that both on principle and practice such evidence
ought to be received.
Mr. Serjeant Cece ELL, and Messrs. SCARLET and
Etienne tastier, on the part of the Plaintiff, argued
that it was equally contrary to precedent and legal
policy to receive the testimony of the wife against
the husband; Vitt they said it was in consequence of
the bias the Jury had received from the admission of
her idle conversation, that the verdiet had been found
fur the Defendant. To the point of precedent the
cases of Bail and Varlet, Ambrose and Hendon,
Munro and Frizzleton, Thomson and Trevallian
were applied.—Netu trial refuted.
THE KING V. EDW. INGR CLOPPORS.
Mr. BORGY moved to quash an indiAment found
against this Gentleman. The charge was, negleal.
ing to repair a certain road, near Stratford, in War-
wickshire. In the 14th Geo. 111. an Ad passed for
inelosing ground in this neighbourhood. There
were two counts in the inditiment : on the second
count the objeetion of the Learned Counsel was
over. ruled immediately; and also on the first count,
after a re-examination. This count stated that the
Defendant ought to repair this road on account. of
the tenure of his lands ; but it did not aver the old
road had been repaired by the Defendant ; and on
this ground the Learned Counsel contended, that
the indictment did not bring the proceedings under
the Statute.
Lord ELLENBORMIGII..--" I think fwtione te.
tiara is suflicient. An indiament charged on tenure
in fee simple is enough, without charging ancestors,
fir that is implied. Hence there is one good count."
—Rule re.fi4ted.
Mr. Butitouons moved for a Writ of illeedeems
to be direaled to the Justices of the Peace sitting at
the late Quarter Sessions for the County of Berks,.
commanding them to hear an Appeal on behalf of.a
perAon of the name of Saunders, upon a subjeft in
which a conviction in a Penalty of .2001. had teken
place, before Justices, on account of letting
.some
lands contrary to the proviSlons of an Att of Parlia-
ment. The question turned upon an agreement,
which not being stamped, was Sent to London for
the purpose of receiving it, in order that it might be.
produced in evidence, and a motion was made at the
Quarter Sessions, that the appeal- might stand over -
until the agreement should have been returned with
the proper stamp affixed to it. While this motion was•
making, the agreement sent from London, by post, ar.
rived, and was Ore red in evidence to the Court, upon
which the Counsel against the appeal, objetled to
its reception, on the ground that it was not stainp:d
at the time the eottri7iaioa took place.: This was dis.
cussed some time : the Magistretes were divided
in opinion ; upon which*, a poll took place among
them, when the numbers were eight to seven against
receiving the agreement.
Buettouolls.said it was but justice to the
Noble Lord who presided at the Quarter Sessions, to
say,that he was nor one of the eight: he ditl notch vide,
choosing to remain neuter. By this decision a poor
man was kept our of his, 2331. and this application
was made with a view to quicken these Gentlemen
on this subjelt.—Rule to shew Cense granted.
TIZR KING 't!. SUTHItIiTON.
Lord EeeItNUOROUGO said, that when the judg.
Mont against the Defendant had been attested on a
point of law, which left his moral eharaCter pre-
aselir where it stood, the Court, considering wile.
shier it was fit that such a person should remain en
the Rolls of the Court, direCted the Master to cer--
tify whether he was an Attorney of this Court ;
which the Master had done in the affirmative. lie
wished Mr. livaaouous to consider whether there
was any thing to offer in this behalf,
Upon this, a few observations were made by
Mrs Butte° tiosts for the Defendant, and Mr. DAL.
LAS for the Crown, in the absence of the ATTO:t-
siy.GtorsaAt4, which ended ire the Court orderine
that the Arroatter.Gast tam. shall have notice rat
this case, and that in the mean time the Defendant
shall be suspended from praCtising as an Attorney.

On Thursday afternoon, while a woman was
working in a cotton mill in Duke-street, Glasgow,
she, inadvertently, having gone too near the shalt
of a picking machine, was dragged in by her clothes,
and so shockingly mangled that she died soon after.
On Monday night, a boy belonging to Norton
and Hooper, Confectioners, in flulbotu, catrying a
box through Sr. Paul's Church-yard, about seven
o'clock in the evening, was robbed by two men,
who drew a rope across his legs, which threw him
down, and then got clear off. A Loy was robbed.
some nights since in Coventry-street, by the same
means.—This should be a caution to masters not to
send their boys out after dark, as no attention can
gu'ard against such depredators.
A running match against time was yesterday per-
formed.on the Uxbridge road, by Mr. VAIibLIL.
suet:, an Artist, in ohover-street, who under.
took to go three miles in twelve minutes. It was
supposed.that he would win the wager when he
bad performed half the distance ; but he was, longer
going the last mile than the first mite and a halt,
and he lost the wager without going over all the
ground.

MAR
1;11-1/

r.trists rIITSENIIO, 'BY 111 S NI) eVIY'S COMMAND,
TO BiYili HOUSE 4 AGLIAMENT, FRO.§i ISOS.

No. I,—Cory of i Dispatch from Lord It A W utiT to
I. H. Fitsai; Esq. dated Downistg-street, t, 1802.
Sir—The accustomed political relations between
this Country and Spain being re-established, it is
important that I should inform you of the line of
conduCt which it will be proper for you to adopt,
and of the language which you ought to hold in
your communications with the Spanish Government,
as His Mijesty'4.Ministenott. Madrid,
You will omit no .opportunity of assuring the
Ministers of His Catholic Majesty, conformably to
your instruClions, Of the sincere and anxious desire
of the King to cultivate a itiod -understanding be.
tween the two Countries; and, in order to give a
full effect to these sentiments, you will manifest,
in all your proceedings, the most friendly and con-
ciliatory conduCt.
There are three ohjetts, of difFerent value in them-
selves, which you should always bear in mind in
your communications with the Spanish Government,
and which you will bring forward as circumstances
will permit.
The first would be to establish an unreserved
confidence, and a friendly connexion between our
two Governments ; this, though highly desirable,
may be attended with insurmountable difficulties,
from the prevalence either of the French interest
in the Spanish Councils, or from the dread of
French power. The success of it will depend, in
a great measure, upon the characters and disposi.
tion of the Spantsh Ministers. The object is,
however, so important, that no means, to which
we can with prudence rescrt, ought to he negletted
• for its accomplishment. The second °Weft would
be, to secure the Neutrality of Spain in the event
of :mother War between His Majesty and France.
All the reasoning applied to the first ohjeft will be
applicable, in a still greater degree, to the second :
and there may be circumstances under which this
objea may be attainable, when the first must be nee
cessarily abandoned. The third object proceeds
upon the ground of the two firmer being found Ito.
practicable, and of the impossibility of dissolving
the connexion which has subsisted between France
and Spain. In that case our utmost endeavours
should be used to render lipain, in the event ola
War, an unwilling and tardy Ensoay. It is scarcely
necessary for me to inform
..you, that much would
be obtained even by success- in this particular ; fot
if, in the event of a War, the Spanish Government
could be induced so enter, even slowly, into the
views of France, and to create as many delays. as
possible, by Negotiation,', before they had recourse
to hostilities, His Majesty would have.the advan.
tage of being able to diked the whole of his force,
in the first instance, against France, and would
not he under the necessity, at the commencement
. of a \Var, when the disposable Naval Force 'of this
Country is necessarily leSs considerable than it is
at succeeding periods, of diverting. this force to too
many quarters as. the time wit he is least pre.
pared. _These different objetts are to be preferred
in the' order they stand o - and His Majesty relies on
your zeal to give efFea to the iostrodions he has
given youlespetling then).
I am, &c.
(Signed) IIAW.KEADettr.
F two,
.Esq. :&c.
No. ll.—Copy °fa Dispatch from Lord HAWKSSIURY to
I. tt. F lexae, EN. dated Downing-street, Oct. 2.7, e 302.
Sir---Since I wrote my last Diapatch, No.te events
have occurred which mayeposiohly lead to a rupture
between His Majesty and the French Government,
I think it important that you should he apprised
of them ; and I therefore inclose you a Copy of the
Note verbale which I presented to M. Otto, on
the affairs of Switzerland, and of the instruCtions
which have been given to Mr. Moore on the same
subjen. You will consider these communications
as made to you in the strictest confidence ; but if,
as may be expeded, any conversation should arise
between you and the. Spanish Government on the
subjeo, you will not tail to represent the System
of iucroachtuent and Aggrandizement which lias
heen invariably manifested by the French Govern.
meat since the conclusion a the Defioitiv a Treaty
in its proper colours, and how essential it is that
every Independent State should unite in resisting
the exorbitant pretensions of France. • You wilt
conform yourself, in your communications on this
subjes9, as much ay possible, to tie general inseruc•
tions contained in my Dispatch, No. t, ; and you
will above all, endeavour to impress upon the Spa.
nisi Government His. Majesty's anxious desire
that, in the event of, a War between him and
France, the Court of Madrid may be induced at
least to preserve a striCl Neutrality, and His Ma-
jesty's determinatioo, in that cave, to reset& that
Neutrality by every means in his power.
I am, Sec.
(Signed) Itswicesnorty.'
J. H. Frere, Esq. Sec. Sec..
(Translation of No. Il) 1. . .
DilThrence between 'the- Family'. Compait of ts6t, and the
Treaty of Alliance of 5796,. bet ween• Spain and France,
tamity Compad. , .Tteaty of :796.
According to the Family Aecor "c;;itg to-the Treaty of
Corina, the two Powers 1790, if of the two Pow-
will consider as their Enemy era rind itself threatened or
every Power who shall be. attacked, the other premises,
come Enemy to one of the engages, and obliges itself to
two Crowns. Art. r. be au big with its good of-
The inviolable anti mutual tlee, aid to asst it when so
guarantee shall-be suppoited required, etc-di-ding to the sti-
by all their Forces; and their pulation of the following
Majesties, according to the Articles. Art a.
principle which is the basis (Here follow the Articles
of this Treaty, agree, that relative- to the succours )
- whoever attacks the one. .
Crowne attacks •the other... 7
A tt 2.•
{Here follow the Articles
relative to the first suCcours.).
The that itteennts are to be - If the said succours are, or
cansidered as' an obligation should become, insufficient,
inseparable :from the ties of the two Powers shall put in
r.datiooship and , intimate action the greatest Force in
mutton ; and these succours • their poWer, as well by-sea as
than be the least that the by land, against the Enemy_
'owes required can' do :for of the P-ower attacked, which
the Power who, may stand in Vower shall employ-the said
teed et assistance: but as the Forces either conjointly or
mention of the two Kings is, separately, according to a
tot- a War- Once begun by or plan that shall be concerted
:;stoat one of the two hetween - •
trowns, shall become proper The succours stipulated by
' ss.t personal to .the other ;it the pre-Ceding Article Shall be
agretnia dig its §QQA gs 1119 4.titattlivti LUAU- Witt witiclk

TP:

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of war with the same li.t.einy have to carry on, eyen slioniit
or Enemies, the obligation of the Perty required not he-di.
the said Succours shallcease,.. -.re,ftt y interested therein. and
and in lieu thereof the two Otool.i only act as Auxiliary.
Crowns shalt be . bound to An. 12. .
nuke War conjointly •

playing therein the whole of
their force. Art. 0.

In case the tnotives . for ht stilittes shill be 11
prejudicial to bath. Parties at 10 incinct. diem to
clare Warily comtnon consent against one or snore
Powers, the limitations establish:4i to toe g,
Articles shill cease to haie circa, and thr. two
Conttaaing Powers shell bound to employ
against the Common Enemy- the whole of tt•eie
Forces by sea and land, and to 'concert plans to di-
red. such Forces,, either ccilletttivAy or scparatri),
towards such points as may ..be deemed 'most advis.
able.. They also ,hind themsermes,..in the casks
pointed out in ithis Article, not to treat for; Peace
but by,common consent, and in, such a manner as
that each Party. may obtain that sartsfaaku
which they are entitled, Art..l3.

In case .one of the Powers ail only n 9
Auxili:oy, that Power which alone shall be attalt.
ed may treatfoe Peace Separately, but so as to tre-.
vent any prejudice resulting therefrom to the Awci.
liary Power, and moreover so as it may tend' .a
much as possible to itS diteet advantage;, for which ,
purpose notice shall be given to did Auxiliary
Power of the mode and time agreed upon for the
opening of the Negotiations. Art. 14.: