The Sun.
London, England, 1805-02-26 00:00:00

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Nif v 4.... t; ''s L. IF 45
hmouTN,Fli. 24„--Came in the lshaav jitirr4lo
e, Vlrstm (a Prussian), from 'scamp, for
St, Andra, detained by the Naiad; the Fratneh
tegger Gue.vessel No. 313, ciPtured by the Rhoda
, Cutter and the Spanish Brie iiivs4/.. Rachad,
of Mar
from the Havannah, captured by the Disuses Letter
que, of Liverpool.
,Sailed the Taerreui and lien Men of War to join
the Channel Fleet in Totbay.
hitiIMOUTH, Ifltil. 2
eless;is Prigate 5•'.-Arrived the Revelu-
, from America ; and the Decade
Frigate, from duernsey.
............‘
~7414°uTtr, Fill. 25•. Yesterday morning the
:Pi Deli of this place, from Berwick, bound to
4rldon, with oats, Was captured off Happisburg,
Ili Lugger Privateer. 4tiPt the The crew of the Sea Dog,
Master, escaped in their boar, and landed
it ttrinteiten.., They report that after
they left
licit own Vessel they, saw the Privateer capture a
The Stu ijo. t Was seen off this Port after she
Ivileaptured, and two large Boats, manned by the
tee Pencildes, and several other Vessels, went in
Nttuit Oiler, but without succeisi Sastavesg' t's -----
h --, watt. 25.---.Catrie down from Chat_ arn ttl th
'Ns e Note the Ametbj,t.
ill
Ihenthii
I the Ramifies was paid bounty and two
4 the
[
Cll4* 4*, and will sail in a-few days 40 join
NO t•
Le iv .
It 4111!):!Ins which has been fitted up for the
tecePti°4othe•Harboor Duty Men,,is expeCted to
ecalmileioned in a few days. blat p
--.,..
14,„' ' 11. ,15.—Artived the Locust, Archer,
or.wod,sntl Slarkler Gun brigs, from a Cruize
to. t'44 Coast of Prance,
iled, Rig Maiestv.Ship Ataelote for Yarmouth
Ni :
tor 1144;44K- irrigate, and Afaritrer dun-
C.
the Fiore,
~„
A MVI the British 12,ueen Transport,
e Aire, i from
Ipiv, ). 4 Plymouth, and remains ;, and the '
474
hTast Capt. STEWART, East Indianian, from
CrY) Ind remains.
•
............ ,
, sib, t.
fliol 'I"?. 2.3.--Sailed the Riche Armed Ship,
the 4/4
[lt itti 4,4
~ tot a4cl ibm, Clpt LYONT, ThOtnnt
041 4' 'aPt, NEWTON', Raith, Capt. KELLY,
lAtit) 0) Capt WRIGHT, Rattier, Capt.
, t,litN' 67ftr, C.lpt. Ka I, LY, and Success,
r .1414 q hil .
tp
iaiti' i J of Ltzth, bound for the Davis's
'': 4444,11,1,e " tY.
itii..........
it, so.°o'.. PE 1. 22.•-..'rlle Indefienarence, Witt..
'tlittlestoittd ytsterddy at the Holy Loch, from
„Airiond' fte_r passage of 23 days.
/4t /46,, tl,n wednesday, at the Tail of the Bank,
447; she
3i A.. •7tru, GRAIIAM. from Charleston, in
'is to proceed for Holy Loch, as
triliz at weather will permit, to perform qua-
. Arrived l'
1,1%0 ain the Pox,M'Ket.t.mt a running Ship,
lilo ale r!°,l in 24 days. Spoke, on the 6th init.
on, 4`lt'ide of Cape Finisterre, the Privateer
I"rte relkt.it; of Liverpool, on a cruise, out
1 Yllt cot: 1:1.11 had taken nothing.
b.4h144 0,:"4141, WATT, from Charleston, having
Wed -.Periol f
teldi t 0 her quarantine, came up on
7 cretin..
-s.
t hs do ...........„.....
4'40 [10411'4°4 frigate is appointed Convoy for the
f the 1.4,1; to Illeiitit.
; lOnle .:41a *Agate, of 32 guns, which has been
.1404 4'44 building at the new doek.yard at
ter 4)4
airlions is expened to be launched the lar-
also 1:“.• present month. The Aviford, 7+
Snitiled 1:11114ItIontrt dael the samel
ltay. pace'
i 5
CICICItd
to

Itritiicz
11: at 4 L4TTelt ye AY )RNs yi
i , .
of 4 130)43 s
yterW4ilceruizin oars , .
y,..,..r.
_ii. g or: t e analauar
dCosst, in
aHits. 144 a4(111A41 hip'
lone" trlsg.' enmman
e'
h v}Pvcsrx.
O, Ittn,
an,, .a c asse.tnare!, with 075atetad It ur ll* hvoiround swivels.' W. e first
ttnroie - 1 'nun the mast bead at day.ltght in
ak, tt,,, ft and Owed her till about ten, when
4,2inl"ll'n akout thrte miles of her, and the wind
yr, quite ft..
419'7/ we saw her get out her tweePs•
itl:a 44 turfo„u .
thrvjtit he, h
~nately some time before lon our
lls • a"' '-'aPtain im di t I tent the barge
'ated glue ' h In"'ely
L'.,4 to he i
„-r to cHace, vino 24. men, which.
14th p `XactlY the same number as were on
lalt , e tench
ireSICI. Shegut her guns on one
flittsaa4,fl tired them and
Ihtt ..ater 0 - musquetry at .us at 'east
rase c•* Cur fellows howeter, rowed up in
kite 0. it, hood d J
cit,. live o,eium. e her sword in hand, e.xaelly
t4etretly
or`),tand carried her in five minutes.
th,citt ae4 4101 e) but it iS an liana lad, that
114,f,badje"„%ec_°nd Captains were shot through
itiii‘ti. but the":_4PPearing dead were thrown ove.r.
littottlite sieoe74oevt: adfterwards Picked up agairinc;
hotettaltn, who
wtrereb ,tuas have also three. oi t
1/4,01 ed oi, for a y wounded. Provit ence
,4 1 nit h ,we had only one. man slightly cut
.:blurt; hic3iirki., Small as this vessel was her
titit;-• !auto iro "13 a very gallant business, may
nt to it portance than at first sight appears to
1 !ils '
-'
la b was in 411
1, ten fi resPeftt a small man of.war, and
,qtr
4;tokettted far
:tit t:hiti,t4rintatuto the purpose Of landing three
end,tavour to stir up the Mali-
-311 her ti'''e vie fell .war., They had been put on
s, reNro , in with the vessel, anti she was
ettio With d• .
;0,„, 44'4 , IspatCnes, Which were thrown
litvt'it). a " were towing towards her. Our
Nit,' 3 Inon a }
I. . Pon w. 3he nd what business they hurl
4-c 1 1111 Ili,: vs-u,l Al •. ' ' and - '
:t I ' to se
;.',ix) at „ff. amvity zeal in the
~ aitari..t. expresses in various direnions, hY
'- tll,z.}l;
,"le three ►
014cer4 old iiteli Dispatches
4t qQOOII.I.

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bOll
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. . .
1 *,. DUBLIN, FO' ",-- - -
. ..
STERDAY,.bairtithe day.iPpoitiie4
.ftir the cc
le ration of 1-litt,lVlAtesTx'a Birth-Day
,at Dub.
t
liti.Caatle, the ,same was ~Observed with "the usual
deolonstrations of
,joy—theusual morning being uslitr:7
ed; in with,,the ringing, of Bells, the Union I+lag
mounted on Bedford Tower, a grand 'salute fired
by 4 the great gurni , in Phccnix Park, and a
vat), of small antis by the Militail, drawn up in
the Royal Barracks. At three o'clock there was a
Levee .at the Castle, at which was perfirmed an
Ode, and was numerously attended. In the even.
ink Their . Excellencies the. Lord Lieutenant and
Countess of.l-lAitowtcxs gave a Ball and Supper, at
which the piincipal Nobility and gentry in town
attended. The tables, as usual, abounded with every
thing the season airbrds ; and the company, which
was numerous, did not separate until a late hour
this morning.
Yesterday the Commission Couir, from the sit-
ting at eleven o'cleck until its rising at eight at
night, was occupied in the trial of a very respect-
able Gentleman, Mr. GINALD BYRNE, an At-
torney, of the County Louth, upon an indiet-
ment preferred against him by Messrs. GODBY,
SCOTT' M'Evov, and Roatas, of Dundalk, for
wilful, corrupt, and malicious perjury. Mr. Lot.
ittilil-rorr stated the case on the part of the Crown '
at great length, and produced his evidences. Mr.
EGAN stated the case on the part of the Defendant,
and examined his witnesses i many of the most re.
speCtable characters Of this Country, among whom
were John Ball, Esq. the Barrister, Rev. Dr. Ban.
bury, Rental. of the Parish near the Traverser's re.
sidence, gave testimony of the most upright, cot-
red, and unblemished reputation of his general
charaeler. The evidence being closed upon both
sides, Baton GEORGE charged the Jury with preci.
Lion, and pertinent legal observations, who,•without
quitting the Box, delivered a verdia of Na Guilty.
A trial has been depending between Mr. Dunn
and the Commercial Insurance Company, in the
Court of King's Bench, for four days successively,
which was of very considerable importance. It
was an action to recover robot. insured on the life
of a person ; and. the points at issue were, whe-
ther the warranty of health was true, and whether
there was any concealment which viciated the Po.
licy ? Atter occupying the time of the Court, and
a Special Jury, the whole of Friday, Saturday, and
:Monday, and until two o'clock on Tuesday, • the
Jury then withdrew, and between six and ' seven
o'clock in the evening returned a verdict for the 1
Plainta.

There hss hem much anticipation respelling Mr.
SHER IDAN% Speech on the present state of our Mili-
tant' Defence. Thh. approaching Speech, according
to many preainions, is to abound in wit and humour.
When Mr. Sit RIDADI CtIII,ES to indulge his fancy,
it cannot be doubted that there will be no want of
wit and humour in what he may say. But Mr.
SHERIDAN is not With= political discretion,
as well as wit and humour, and he has such a
recent example of unseasonable gaiety upon the
subject, in Mr. WINDHAM, that it is to be ex.
peeled he will conduct himself in a manner suit.
able to the weight and importance of that sub.
jeda if he should really persevete in bringing for-
ward a discussion of it.

In a Letter which was received on Siturday from
Gutfogey, by the Brilliant, arrived at Sbuthampton,
it is stated, that a Privateer of that Island fell in
with a French Squadron of six or seven vessels in
lit. 39, that they were then standing to the S.S.W.
under an easy sail, and that two days after she spoke
an American, off Oporto, the Master of which said
he had been boarded by a French line-of-battle Ship,
and ordered away from Lisbon, which had been his
place
.of destination.

The inhabitants of Norwich are highly elated at
the dignity conferred upon their late revered Prelate,
no previous instance having occurred of a Bishop of
Norwich having been, raised to the dignity of the
Primacy. , It however, appears, that in the earlier
ages of Christianity, and previous to the foundation
of the Cathedral Church of Norwich, STZGAXD,
Bishop of the East Angles, was, in the. year lop,
promoted to that elevated station by King EDWARD
the Confessor. STMAND was a Saxon by descent,
but is supposed to have been a native of Norwich,
by the large temporal possessions he held in that
City till his deprivation by WILLIAM the Con..
queror.

Wm.—The annual Concert, for the benefit of
the Musical Fund, took place last night at the
King's Theatre. The chief Vocal Peformera were
GRASSINI, BRAHMA. and Miss TRICIANT, 'and
Mr. MILLAR, from Bath. GRASSINI, for the first
time, employed her voice with English worth, and
sung " He was Detpited," with great pathos and
expression. She also sung an Italian air, and
joined BRAHMA in a duo with great raft. BRA.
HAM gave his " Death of Atercrombie," in a very
affeting manner. Mr. MILLAR possesses a fine
manly voice, and deserves the favour of the Public.
His " Honour and Arst," a Concerto on the
Violin, was admirably performed by a Mr. Buttc e R.
LINDLRY powerfully supported the general treat by
his performance on the Violoncello. The Chorusses
went off with precision and energy, and the Band
was most ably led by CrtAms X. The Concert was
well attended.

The Musical Farce which is forthcoming at Co-
vent-Gardan Theatre, under the whimsical title of
Out of Plact, is the produftion of Mr. RE YNOLDS.
Another successful trial was lately made at Gene.
ral MONEY's, of tl►e newly invented Artillery.
wagon, with the horses in the carriage, who stood
perfedly steady during the discharge a the field.
piece.

Two men were severely hurt during the last
week in attempting to pass the iron bridge at
Wapping, before it was properly closed, after yes.
sels passing from the docks.
Saturday sennight a loft or chamber over the
dairy adjoining the dwelling-house occupied by
Major RuctuY, situate at the botton ct Barkby_
lane, in Leicester, was bloke open, and sundry
artielei stolen thereout. The villains were not
content willt taking away the. things,. but 'broke a
large quantity of new orthenware which wits in
the

LAW AEPCPT.

i• •
COURT OF KI-I,7's. rEtletr, Movrs:ot, Fel. 25.
strtzt•ics Loßn nr.L-ENsctoucu•Atat srze:AL

JURY, IN wx.zimr;:tz.it-LALL.

ItIIpDLES E X ELECTION.
AN INDIC,TNIEIN:T FOR, PER URY -UPON A FALSE
VO t 0 It SIR F. BUR thirls.

*tit KING v. WILLIAM JENKINS, 061 r-wise called
WILLIAM

The SOLICITOR GENERAL opened the case for the
Prosecution to, the following effed :—" You have
heard, Gentlemen, from the opening of the In.
didment, that the crime imputed to the Prisoner is
Perjury at the late Eledion for the County of Mid.
dlesex. That he • took the Freeholders oath, by
which he swore, that he was a Freeholder in this
County, and by, which he was received as a Voter
at the Eledion ; whereas, in truth, he had no right
to vote. I believe, though it does not make a part
of this case, although some of it Must necessarily be
made out in evidence, that there was established a
regular manufadocy for pteparing in London fit-ti.
.tious votes, and which were sent, day by day, and
hour by hour, fresh from the manufadory, to Brent.
ford, to poll for Sir Francis Burdett. • I understand,.
that they amount, in all, to about two, or, perhaps,
three hundred, thirty of whom only are indictable.
The riled of this practice, if it were to sttccecd,
would he, that the sense of the real Freeholders
"would be borne
.down by the greater number of
shadows that were intruded upon the poll in the
name of Freeholders. It is not• necessary for me
to lay before you the enormity of that offence—it
violates our deareat rights; it'destroys the Freedom
of Eledion, for the obyl!1 of our law is to send to
Parliament those only who have been eledetl by the
People. The efred of this praCtice is obvious, and
upon which it is unnecessary that I should dwell ;
but I shall enter, at present, into the particulars
of the proof against this particular offender. I
think he gave his vote on the second day of the
Medical. Whether he endeavoured to put himself
forward on any other occasion, I am not aware ;
but, on the second day, he polled in the name of
William Prince, of No. i 6, Tower.strect, St. Mar.
tin's-lane, for a freehold. house in the occupation of
Edward Gritt. It will be proved to you, that Jen.
kins, the Defendant, had no freehold in this place;
that he was no Freeholder at all; though the house
for which Ile voted was adually in the occupation of
Grist; and when this is proved to your satisfaction,
I have no doubt you will find the Defendant guilty.
With regard to the punishment which ought to be
inflieted on him, that is not for your consideration,
for that is a matter to be hereafter decided upon by
the Court."

Mr. Sudlow and Mr. Gordon, the Under Sheriffs,
proved the regular forms of opening the Poll, and of
swearing their Inferior Officers to the due execution
of their duty, and of those Officers having perform.
ed their duty under their orders, and constant in.,
apeCtion anti superintendanee„
Thomas Madding,.—" I attended as Poll Clerk
at the Elation. On the 23d of July last I
was sworn in, in the WestmiosteteDivision, pre-
vious to the commencement of the poll; Here
is the entry of the poll, in which is the freeholder's
name first ; then his place of abode; then the situ-
ation of the freehold ; then the occupation of it;
and, lastly, the name of the candidate for whom the
eleetor polls. Under the place for the freeholder's
name is William Prince ; under his place of abode
is written No. 16, Tower.strect, Seven Dials, in
the Parish of St. Giles's in the Fields ; under the
place for the freehold is entered " Stone Cutter's.
alley, St. Martin's-hle, in the Parish of St. Mar-
tin in the Fields, in the use and occupation of Ed.
ward Gritr, and he polled for Sir F. Burdett. I
do not know of one instance of a person voting in
that Eledion who did not take the Oath of the
Freeholder. I happened to -take notice of the per.
son who voted for this place, on account of a doubt
in the mind of one of the Inspectors, I think that
of Mr. Mainwaring, whether there was such a
place as Stone Cutter's.alley. The fact being as.
certained, the person who tendered himself to vote
was admitted to poll. I had, therefore, an oppor-
tunity to see him. I saw him afterwards in the
King's Bench Prison; I believe he is the same per.
son who polled as I have stated ; but it would be
going farther than I wish to do to say that positive.
then pointed out the Defendant in Court,
and declared he believed he was the person who
polled for the above place.
Richard llarford, one of the Inspenors for Mr.
mainwaring, at the 'Westminster Booth, at the last
Eledion, swore—" I was there when a person poll.
ed in the name of William Prince. When he pre-
sented himself to vote I immediately asked if he
was of age, and, to the best of my recollection, an
InsPeetor, on behalf of Sir F. Burdett, said, gf That
is the oath ; you have no occasion to put the goes.
tion." Prince, the voter, said—" I am age!"
Ile then proceeded to state his freehold,. and the
tuation of it, and he voted. I saw him this morning
at a public-house, in company with the Tipstsif, hut
never before since the Eledion ; I knew him di.
redly." 'This Witness also pointed out the person
of the Defendant in Court.

Philip Prince, of No. 16, Tower.street, SeVen
Dials,sworn—ii I know the Defendant, jenkini,und
have known hint for some years. He lodged in my
house. ' I saw him on the day an which he polled at
Brentford. It was ott the second day of the poll,
or the third. I went with him. I will not be (Tr.
rain of the day. I was there but one day. I went,
with him, and William Jenkins, his brother. He
said he wag going to Brentford to 'work. I under.
stood perfatly what he meant. He said he was going
to Brentford to, work, and in thy name. I saw him
go in at the poll.gate with Watson and Steward.—
He told me afterwards what work ht' had done. He
said he had tivorked in my name, and that his freehold
was at Gritt's house, whom I knew well. Jenkins
is a shoemaker, and used to work for me. He could
not mean to (work at Brentford at his trade. He
had no lilt. He told the he had worked in my
name, and that his freehold was at Gritt's.".

Cross. Examined by Mr. CLIFFOItb..---FiC -1214%
" I attended the I lustings afterwards to prevent the
fiditinus voters from polling. I went down -with
Jenkins, when he witr going to vo:c ; L iyaa not

•
then engaged an the
polls:. j. VrV, flat' jr;
wehtivith the Dofenda:nt's -Ct.i was
played to procure fiaitiou:voters. eL did test see
the Ddintlant 0014 but he t:-,!ct me, that he had
plied in my panic, and ;that his Freehold, was
Grim tiotoel I imierstand thpt he wa:, paid fgr c
a guninea and a half; but I did not .lee him receive
the money. did not o+o to his ustr.,,-,v my naniz.,
He told ma if .I would go with him to the
to try cyget the money, he wotild pay me what I
advanced to him. It was, the Giohe, at
He was to go to the COliffl;tteC to see if he tot 14
rzleet with Thomas Grimsley, 'a person whom,
said, had been employed with his brother. They
were
,in partnership together to colteet those votes.,
He said; if he could see Grimsley he should get tte
money. What he was to get I,do not know but,
to the best of my knowledge, he told `me a guinea
and an !Aalf."

Q. Did he ever sty to you afterwards any thing
about the manner in which he had done it ? A. Y,7s
I heard him say, in company with Thos. Grimsky,
that he had done it in prime twig, and Watson w.o
at his elbo*. The other told him he was a fool, or
made use of Borne such expression ; for that Watson
was of the other partY.
.
John Hunter, Esq. said, that he hai,pened by or.,
cident to come into Court as he was returning honir„
having been in attendance on the Committee of 11 e
Middlesex Ele6tion, which had broken up fur the
day. He knew the Defendant immediately, having
seen him at the Hustings ; and remembered observ-
ing to Mr. Main Waring's Inspenor, that the person
could hardly be of age. He saw him frequently at
the Hustings during the
.Election ; knew him per.
fedly ; should have known him instantly in the
street ; believed he attempted to poll twice, but ‘'vas
not Sure.

The house in Stnne.ciitter.streetwas proved to -
ha the property, not of William Prince, hiit of the
Mercer's Company.
Erasmus Gritt proved, that he lived in the above
house; and. that neither William Prince. nor W.l.
llama Jenkins had any thing to do with it;
Mr. ERSK 1 xr made an elegant speech fir the De,.
fendant, in which lie.submitted, that, indeyendenc of
Philip Prince, there was no evidence of the id,.!ntiry of
the Defendant before he was impri4oned ; and -then
the witnesses 9poke. from the impression of I:nowi,ig
that he was the accused party ; and that gave them 4
brief which it was unsafe foz theta • tra,t,r6. A 3
to Mr. Hunter, who is m:)st indisrutable a man of
honour, Mr. EttsturrE said, he was not originally
a luminary of our system; he comes into our orbit
irregularly, like a comet, whose extreme hat is IA
vilify my poor Client. Bat for the accident of the
the Middlesex: Committee not sitting, we should.
not have had the honour: of that Gentleman's- pre.
Renee. He thought evidence of this kind was too
conclusive to act upon in a Court of Justice. Ute,
perfectly agree etuith Mr. Erskine, that Mr, Ifmnier •
is most indiqutably ?rum of bono.rer, as),
that ira the fireient instance. be herr disdiarpel bit
dill) like a mate of hozvir,]--A:t to the evicince, of
Philip Prince, he laid it entirely out of the question,
because he was to be considered in a w:irse
than that of an accomplice in tile crime invated to
the Defendant, by going down with him to Brent.
ford, allowing him to use his name, ex. lie th,.ugla
the indiament defetitive in the maoner ofdescribing
the Defendant's name, &c. ; anti concluded with

expressing hi.s con v thnt Ohl ad,nimstry

_...,..
of be better pr<►tet'Zetl by suffering this '‘
Defendant to escape, as his ease was doubttul, dun
by oonviaing him on evidence that was inconciu.
si ve, which might lay down a precedent to endanger
innocence.

LOU/ELLE NUOROUGEI observed, that the I)2fenti.
ant had the benefit of consummate abilities in his
defence; but the question was, " Whether theevi.
dence fur the prosecution was satisfietory as to t!..;
identity of the Defendant ?" Upon which his Lord.
ship was so far from entertaining a doubt, that he
hardly thought it possible to bay what evidence
would be sufficient to support any crinainal- proseco.
tion if this was not so. Here Was clear evidence'
of the Defendant's identity by three witnesses,
and of his having polled fur a place of whichhe
was nor a
Freeholder.
As to the witness
Prince, he did not see that he had been guilty of any
thing more than misprison of the offence of which
the Defendant had been guilty. 1k was not to be
considered in the light of an accomplice ; he was
not, indeed, a very delicate man , or one of high
sense of honour ; but still, there was nothing irs
proof to render Urn infainout. The case Was, there.
fore, made out against the Defendant as much
as the law required,, always. remembering that at
in this case. nothing was oppiped to the evidence for
the prosecution, presumptive evidence, unless there
was something co.oppot,e ir, was conclosive, the
very definition of presumptive evidence was that to
which nothing was opposed, and it was tunefuslv!!
unless opposed by something elqe----'‘,l9,itre iirobt,fue-
calftearbm," Was the definition ef,TresiiinptiVe
evidence; and here it was COriCitiji ; accouri:t
of its not being opposed by any,osh.r
As .to tlte. indiOment, the descript: n tl the De'.
Pendant .was cln;my certainly ; he did nor say it
was defediee, certainly nor so delefflve as to inak'e.
him stop the ease; but 'if Mr, thougfit rite
objetlion was snlid, he sfinuld Wave an oiTcreireity
of moving an arrest of jddgment.
The Deferdant, was .then found Giat.y."