The Sun.
London, England, 1802-12-30 00:00:00

Mdßb.Bl:
..4N7Li 10. R B E Ri/

....1/44,N,,iimirensive. man, ,who 11.1.3 f‘•.4
• •
ty;de'd in hermitage or cave-, credcd
fitted. up for i.im on tile skirts of tLe wood
joining, to:Syticntwim Comrtton, was., Thesd
morning; , :found dead in the wood
to Dulwich College., From the several seve
woundi in his ..head,
.and his jaw being broke •
two places, Dr. ICITcP.L7N, who examined
body ,was of opinion the, injury he had rtc?!
:from the blows was the, oer?sion of his ..

and, it is further. presumed; that, he being f:
in this state., and not any money or sl-ti,•!:
value being fbund eithe:r on his person. or ;II ;•;,
hermitage, near, to which he was found, tivi:
inducement to murder him was a sui,posirinr (b?it„
from miserly propensities, he had accumul,l•cd_ a
sum of snoney, which they,. thus expee4.:!
obtain„ „ From the' general tenor of his con
his never sleeping from his hermitaße, nor
appearing in, the neighbouring villages btL
obtain a freSh supply of food, he wa kri,2 •11
by the general name of the Mail of the Wcp:,:c,
The resident IVlAgistrates, at Sydenhatri and 11.1
wich have commenced an adiire inquiry into r'ie
circumstances of the case, and a diicovery of !.H.ie:
foul perpetrators of this horrid crime, but as.
without effen ; all that it Neill lead to at. prey: ;t
is, to suspeft some of the tribe of Gypsies woo
have lately been in that neighbotirhood. Near the
body was found a stick of a large sizfy:: with %vhien
it is supposed the blows were given; and, from
ing very ragged at the end, appeared to have ben
twisted off a stump the, hermitage,,for the
purpose, as, on bei,ng compared, they were found
to tally as exal as possible.

COLTi+ OF RECitFSTS.—Some udys r:go a Publi,
can attended the Court, by virtue of a summOns, to.
answer the charge of the Plaintift for tint restoring
to him three dried herrings left in his care till they
should be called lot'. Witnesses attended in Court
on both sides,' witii all the anxiety of a more irn:.
portant case. The herrings Were only valued at
three halfpence, which suit was awarded to the
Plaintiff, with 3s. 6d.'easts.
The following is the system of Divorce in France
—lf either the ran or woman wish to be divorced,
they must giVe notice of it to the Prefea, and six
months time. is necessary hefote it takes place ; in
the interim the necessary arrangements far the main:
tenanee of . the children are Made, whiCh are as fol-
low :—The girls are generally consigned to the
care of the mother, and the boys to the father;
very minute investigation takes place of the father's
or mothet's fortune, so that the children are certain
of being provided for. lf a man is rich, znd is the
party that sues for the divoice,, he must return half
of his wife's jointure, and settle a maintenance on
her for life. If a woman sues for the divorce, the
wife must return every article of presinit she has
received ,from her husband, even before marriage.
The woman is not compelled, however, to main:.
tain her husband after divorce, but must her chil-
dren. If the father remarries, ,and has heirs by
his list marriage, the children by the forrrier mar..
riage hare the.sathe claims r 0 the patrimony as thti
others.

A 5 HONEST .mAN.--in contract to the swim-Mtn,'
tricks daily ptalised by those assurriing the ap_
pearance and charades of Gentlemen, we give With
pleasure the following recent fal, that 'does honour
to human nature :—A Gentlenian of Edinburgh
lately received a Letter; of which the followhig is
an extraa

" Should the worthy rnan to WhOm this Letter is addres7
ed be still living, and still residing in Edinburgh;, th.ere is no
doubt but 'it will ,reach his hands or his representatives; and
if it does, the Writer wishes to remit him or them a suni bor-
rowed of hire so long ago as, the year 174 The writer was
then unfortunate, but, thank God,; has seen better days."

The Gentleman who lent the money is alive, anti
never had seen or heard of the borrower till this
Letter was received.

Yesterday a Gentleman went to complain to the
Magistrates at 'Union Hall; of some Pureigners,
vk 10, by advertisements holding out the hope of
providing young Gentlemen vvith lucrative sittia-
tionS, had obtained, under that pretence; sevefai
sums of money, uniformly leaving theni to lament
their credulity. The Magistrates. lamenrel
the offence, as stated now; dui not cone
cognizarce by the stature.,

On Saturday se'nnight; as the servant of--wire
WILKS, of barlfOr3, was returning: frorfl .Delver, iii
a curricle, with a sadcfic-horse by the side, at the
top of Boughton Hill, the pole of the carriage bi7.Ace,
and the horses talcing fright, galloped down the
hill ; the servant had the presence\of mind. to. jump
out, and received no injury ; but one of the:corri,
cle horses, when nearly at the botiom, fell, and
broke two of his legs; qne, which, having been
dragged by the other, was separated from his body
in consequence he was put to death. .
On the zzd inst. asiVlr. FINLAY,. Of Stieatharn:
was returning through. Battersea,. betweetl• the
Prince's Head and the Falcon', in tire: Wandsworth'
road, he was stopped by a single ‘footpad;• -fesk:
minutes after five in the afternoon; who seized his!
horse by the reins ; and on his whipping the.horse•
to get away, ran the chaise back into a deep ditch,
and snapped a pistol at him. Mr. FINLAy being
then only too yards from the Falcon, jumped our
of the chaise, and tan towards the houseforassist-
ance, defending himself with the bumend of is
whip, till he was thrown down, and h s whip:
wrenched from him. His cash and watch were,
then taken from him.

On Monday last, some fellows, termed
hunters, seletledfrom a drove cottitg from Smith-
field marker, a beast which they drove almost into
a state of madness. The poor bsast Stopped in'
Fore-street, where a great many of their party as.
st....mbled. Several persons were hustled and had
their pockets picked ; one tradesman in the •neigh- .
bourhood lost his watch, and several other persons
were robbed of their property. The gang were ~o•
very numerous as to bid defiance to the officers. -
Last Monday morning, between three and four
o'clock, the house of Mr. Br.oADwooo, in char-
lotte-street, Portland-place, was broke open, an 4
robbed of property to a considerable amount.

LA W REPORT.

COURT OF KING's BENCH, Drc.

TITTINGs 'CUILTHIALL,I3E7Onr. LoRDF.LLENBOROUGS!
AUD A SPECIAL JURY. •

THELLUSSON V. BELL.

Mr.Ci BBS stated, that this was an anion on a
Policy•of Insurance on goods shipped on board the
Malabar, at and from the Isle of France to Toulon.,
He understood the defence intended to be set up was,
that the ship had deviated from her course, by en-
tering the port of Cadiz, and that the Underwriters,
were, therefore, not liable. He should prove that'
the deviation was fully justified by the circum-
stances of the case.
The Second Captain of the Malabar said, that
before they sailed from the Isle of France, informa.'
tion was received that a warhad broken out between
Prussia, Germany, and Sardinia, against France;
in consequence of which they increased the number
of their men and guns, and nothing was mentioned
respeaing either England or Spain having engaged
in the war. On their passage they learned that
England was arming. When • the Malabar arrived'
between the Azores and Madeira Islands, they
spoke with an American ship that had left Lisbon
two days before : the intelligence they gave: was,
that a war existed between Germany, Prussia, Sar- •
dinia, and France; that England was arming, but
that Spain was at peace. This was in the month of
February, 1793.. About a month previous to their
arriving at Cape St. Vincent's, they fell in with
two Spanish frigates, who tired a shot and brought
them to ; they hoisted French Colours, and the
Frigates sheered off. They afterwards. met a Spa-
nish merchant ship, and the Malabar fired a gun,
and some of the crew came on hoard, and confirmed
the intelligence they had before received. Captain
Cabanell assembled his Officers, to consult what
course the Malabar should pursue. After long con-
sultation, it was deemed most prudent, under all
the circumstances, to run the ship into Cadiz—they
did so, and the next day they were made prisoners
-of war, and the ship was confiscated.
On his cross-examination, he admitted he had not
stated, in his proces rverbal, that he did not know
of the death of the King of France'. He said he
had not heard of either England or Spain being at
war with France ; nor did he, at the time, know
any thing of the Revolution in France. He should
not have entered Cadiz, had not a Pilot come on
hoard and assured him there was no war between
Spain and France.

Mr. ERSKINE observed, that the question for the
jury was, whether the pressure of circumstances was-
such as to compel the Malabar to deviate from her
course, and run into . the first port ? He lamented
he could not make the ship's Journal evidence : if
he could, he was persuaded it would materially con-
tradift the evidence of the Second Captain. He
could only leave it to the Jury to reconcile the evi-
• dence with fans. It was a raft known to all the
world, that the King of France was guillotined on
the zist of January, 1793 ; it was the most memo.
table, interesting, and awful event that had taken
place during the last century. The news flew with
the rapidity of lightning to every corner of the
globe navigation could reach, •or couriers be dis-
patched to ; yet the Jury were desired to believe,
that towards the end of February, a month having
elapsed, no tidings of it had reached the Caistain of.
the Malabar. Was this credible, when it was con-
sidered she had spoke with an American vessel that
had left Lisbon only two days before ? It appeared
that the Captain knew that Prussia, Germany, and
Sardinia, were engaged in a war against France—was
it possible, then, that he could suppose Spain could
remain a spe&ator of what was.passing, without in-
terfering ?, The Learned Counsel maintained, that
a deviation, to be legitimate, must be. aftuated by
causes which, under similar circumstances, would
influence the mind of every man. The- Jury, before
they could give their Verdi& for the Plaintiff; must
be convinced the Captain of the Malabar was placed
in a situation which left him no. alternative. If the
Captain knew that the King of France bad been guil-
lotined, it was impossible for him to have supposed
the Spanish Government could have been at peace
with France ; and it was highly improbable the
American ship should not have communicated that
fart to him. Supposing him, therefore, to be ac-
quainted with it, his entering Cadiz& was an aCt of
imprudence, and having deviated from his course,
the Plaintiff could have no right to recover.
Lord ELLENBOROUGH said, he had but little to
observe to the Jury ; it was a simple question of.
filet. The law upon these subjeds was, that there
must be an urgent and imminent peril to justify the
Captain of a ship in deviating from his course. In
the absence of such urgent and imminent peril, he
was ndt excused, and the Underwriters were dis.
charged. They were to decide, whether the Cap.
tain had aged upon his sound judgment, under all
the circumstances ; if they believed he thought
what he did was for the benefit of all parties, they.
were bound to give their Verdift for the Plaintiff.
His Lordship recapitulated the evidence, observing,
that Spain had continued in amity with France till
the death of her much-lamented and unfortunate
Monarch. The Spanish Government had strove,
to the utmost of its power, to avert that disastrous
event ; but immediately on its taking place, her
Ambassador withdrew, and war was declared. It
was entirely for the Jury to determine, whether
there was a reasonable presumption that the Captain
was acquainted with that fad. If they were of opi-
nion the Captain knew it, then the deviation was
improper, and the Underwriters were not bound to
pay the Insurance.
The Jury found a VerdiCt far.the Plaintiff—Da.
.mages 7001.

On-Thursday night, the Captain of one 'of the
Norwich Flats, lying in Manchester Eason, Liver_
pool, fell overboard and was drowned : the acci-
dent was observed by his apprentice, who gave the
alarm, and was instantly assisted by a man belong-
ing to a. vessel lying near, by whom the body. was
boon recovered, but quite dead.--Coroner's verditt,
.!‘ccidental Death.