The Sun.
London, England, 1802-07-12 00:00:00

CORN EXCHANGE,

It& 12.

WE this day have had a good many fresh arrivals
of Wheat, most-of which had a ready sale, and some
fine Essex samples went off dear ; Barley and
Malt are plentiful, and little variation ; Pease and
Beans rather dull ; of Oats there are large supplies at
Marker, and are a trifle cheaper.—Flour nearly as
our last.

Wheat 52s a 62s a 72$ od Beans - .3rs a 35$ od
Fine do. - 733 a 74s cd Tick ditto -28 s a3is 6d
Malt - 46$ a 495 asis od Oats -14 s rBs a 225 od
Fine ditto -52 s a 535 od Poland do. 235 a 24s 6d
Barley -28 s a 3zs od Rape Seed 311 a 341 per last
Rye- - 3os a 34s od Fine Flour sos .a sss per sack
White Pease 363 a 39$ od Second do. 45s a cos per do.

THE TH'EAT'RE.

Hay-Market.

. .. . . . ~.
. . .
A new Comedy, of three A6F, entitled Beggar.
lib) Neighbour, or A Rogue's a Fool, was represeni.
ed 'on Saturday last. at this Theatre..

CHARACTERS.

Mr. Winningtpn,
Henry Evelyn,
Philip Evelyn;
Dalton,
Rebate,
lemmy,
Gaby Dolt;
Mrs. Winnington;
Patty,
Harriet Wilmington?

Mr. WILIARAY.
Mr. A cETT..
Mr. C. KENtai.E..
Mr. WADDY.
Mr. SusiT.
Mr. DE CAMP.
Mr. EATERY.
Mrs. EMERY.
Mrs. MOUNTAIN.
Miss NORTON.
FABLE.

The scene lieS in a Village near London. Mr. Winning-
ton; a Merchant of the most respectable charader, is brought
by the benevolence of his own temper, and the'artificcs of
Dalton, an upstart man of fin-tune, into great embarrass-
MentS. Dalton is the son of a man who had been footman
to NVinnington's father, and owes his wealth chietlylo that
connection. Winnington'S daughter, Hatriet; is a very ami-
able girl, and the objectof attaehment.to Philip and Henry_
Evelyn, the soils of an old friend of her father: She is also
beloved by Dalton, whose pretensions had been related by
Mr. Winnington. Hartiet herself prefers Henry. The two
biothert are of very different dispositions. Philip is grave,
studiouS, and humane; Henry is wild and dissipated, but,
with all his levities possesses
,a good heart. Dalton is em-
ployed by Henry to manage his pecuniary concerns, and the
former has availed himself of the opportunity of enriChing
himself by every possible artifice. •..^. large sum is owing by
Winnington to Henry, and as Dalton has the control over
the property of the latter, he revengeS himself on Wilming-
ton by an execution on his property, founded on kienry's-
claims. The family of Winnington are therefore-thrown in-
-2o the utmost distress and confusion, occasioned, as they
suppose, by..the severity of Henry. The two brothers, who
feel the highest resped tot Winnington, are deeply atteded
by his misfortunes. Philip dispatches a messenger to Lott•
don, without stating the purpose, but it is thought for the
relief of Winnington. Henry, having reason to believe that
he is considered as the author of Winnington's distress, is
afraid that,ariy dired proposal to relieve him would be re-
lated with indignation, he therefore determines to pretend
that he is struck with admiration of a pidure belonging to
Rebate, lately a Clerk in the house of Winnington, and who
has retired to the Village, in order to acquire a taste for ru-
ral life. Henry pronounces this pidure agenuine Pous s 11,
altering three thousand pounds for it, knowing that Rebate
will readily give the whole sum 'to his late master the mo-
ment he hears of his distresses. This, expedient succeeds,
and Rebate hastens to London, to employ all his wealth in
removing Winnington's embarrassments. But it appears that
Philip Evelyn had previously sent orders to London for that
purpose. Philip had attentively. watched the condud of
Dalton, and lodged a statement of all his mal-pradices as a
Magistrate in the hands of the Chief justice. Henry, with
a pistol in his hand, extorts a confession of Dalton's vil-
lainies, first :from his Clerk Jemmy,. and afterwards from
Dalton himself. W-hen Winnington is reinstated in his af-
fairs, a meeting takes place in his house, and as it is mani-
fest that Dalton, and not Henry, was the cause of Winning-
ton's distress, the family are reconciled to him ; and as Phi-
lip generously sacrifices his hopes of Harriet's hand in favour
of his brother, theßiece concludes with the entire ex pOsure
of Dalton's perfidy, and.a prosped of general happiness:

This Comedy is an acknowledged produ&ion of
Mr. MORTON, the author'of many Dramatic Pieces
which have deservedly been favoured with public
approbation. It is certainly, on the whole, below
what might be expeded from so successful a Writer.

There is nothing fiery new in the plot,\ though.
it is managed with a degree of skill that enables
it to take a strong hold of the feelings in all that
relates to the troubles of so amiable a family as that
of Winnington. The charaaers .of the brothers are
properly contrasted for draMatic purposes, though
neither is distinguished by a novel feature. •
It may be thought that the Author has violated
poetical justice in•assigning the gentle and amiable
Harriet to the volatile and libertine Henry, rather
than to .Phi/ip, whose qualities are more congenial.
to her disposition. The circuitous expedient de-
vised by Henry, to give an extravagant sum for a"
paltry daubing, under the 'expeftation that the
money would soon find its way to Winnington,
seems to be wild and improbable. . The Author,
however, has perhaps copied life,' if he has negleaed
dramatic justice, in giving that direetion to the
I.,ad,y'S feelings, and the.expedient of the pi&ure is
not more extravagant than the circumstances upon
which depend the agency of most-produclions of the
Modern Stage. •
Three attempts.at novelty of chara6ter seem to
have been made in this Comedy. 'One is a City
Clerk, endeavouring to become. the Country Gentle-
man, yet cleaving to his old pursuits, and prefer..
ring 'Change and Garra,rtliay's to" Groves and
Lawns; a Clerk to a. villainous Magistrate; as.,
suming the effeminate, affeeiation of a Man of
Fashion; and an,..ignorant Footman, attempting to
appear, as a profound Scholar. •

The first of these charaders is whimsically de-
signed, but not so happily coloured.., The second
is rather more disgusting than new ; and the third
may be thought a pupil of the Lingo School.
The Performers in general did justice to the
piece. C. KEMBLE gave manly spirit and feeling
to Philip ; FAwcETT was lively and diverting in
Henry ; MURRAY' appeased to considerable advan-
tage, as the amiable and upright British Merchant ;
Su ETT displayed all his usual humour in Rebate.;
EMERY, in the Booby-Scholar, was simple and en.:
tertaining ; Mrs. EMERY, a very decent adress,
acquitted herself very well in Mrs. Wilmington ;
Mrs. MOUNTAIN had a more easy vivacity than
could be .xpeded, in a Country Girl she sung a
pretty little air with such success, that she was
encored. Miss NoRTON, gains upon,thePublic
-
her performance of Harriet was unaffeded and in-
teresting._ _ _

The Piece excited interest and amusement in
parts, but was not very well received on being an-
nounced by FAWCETT for this evening : with
judicious pruning, however, we doubt not, it
may be repeated with success, particularly as Criti-
cism is generally expeled to be lenient in her de-
cisions upon the produaions of a Summer Muse.

A hackney coachman was on Saturday night
committed to the watch-house, for violently assault-
ing a Gentleman's servant, while the latter was en-
deavouring to get his master's coach to the door of
the Haymarket Theatre. It seems that there is a
convention between the hackney coachmen and the
link fellows to prevent servant's from -attending, as
injurious to the rights of link-men. The Constables
and attendants of the Theatre, with all their vigi-
lance, cannot prevent the riot and mischief that al-
most every night result from this confederacy be.
tween the coachmen and the link-men.

Married on Thursday lasi, at Rugby, ROBERT
MARRIOTT, Esq. eldest son of the Rev. Dr. MAR-
RIOTT, of Cotesbatch, in the County of Leicester,
to Miss JUDITH HARRIS, second daughter of the
late ThomAs HARRis, Esq. of Rugby.

LAW REPORTS.

COURT OF BENCH, fuLy io

SITTINGS BEFORE LORci ELLENROROUGH AND A SPECIAL
JURY IN WESTMINSTER HALL.

THE KING 4./. NEAL AND OTHERS.

.....
. .
THIS was a cau,e . which wii to have been tried
by a Special jury; but..as• there was . a- Comthon
jury Pannel brought, in, and as nobody appeared for
the Prosecution,' a cornmln, Jury Was sworn, and
the Defendants were pronounced--. Nat Ovill.y.

(KEAR V. LOGAN.

Mr. ERSKINE stated, that the Plaintiff, Mr.
Peter Kear, was a person who made Machinery for
threshing Corn, and, vparating the. Straw from it
when threshed, and he was employed by the be,
fendant, Mr. Robert Logan, to make a rack, and
to dO some other alterations in the ;Machine, which
he had .some years .agO bought f r that. purpose.
The person employed to do this work was one of
tlie name of M‘Donald, who would give. an account
of the matter, and who was a particular .friend of
the Defendant, who superintended most of the busi:
ness between the parties, and who introduced' them
to each other, and he was also the Foreman of the
Plaintiff. The charge which the Plaintiff made
upon the Defendant, was 661...95. The Dtlendant
hadnpaid into-Court the sum 0f351. .Now Ir. should
be able to,satisfy the Jury, that the materials 'made
use of by the Plaintiff in this work, amounted to
zss. 7d. and that it would appear, that the
wages Servants employed, and other expellees.,
amounted to 4.01. r4.s. 9:1. making together 521.
and upwards: So that if the Defendant were to sue-
' seed by obtaining a verdict upon the. payment of
351. into Court, the Plaintiff, instead of having
living profit upon his ,business, which every man
was entitled to exped for, -of course, trade would
be at an end), would be upwards of 131. actually
out of pocket .in this ease. He -trusted the Jury
would think that the Plaintiff had not asked for more..
than a living profit, and that they would give him
a verdid for the balance. There was no pretence of
any defed in the Machinery, no complaint of its
. not doing properly its work. The whole question
would be, whether the plaintiff's bill was reasonable
Or extravag:Mt ? , He understood, however, 'that
the Defendant_ had got some people to look at this
Machinery, and some of them might, perhaps, say
they thought other Machinery, for the like purpose,
had been done cheaper, but this, was nothing to the
Plaintiff; particularly as no notice had been, given
to
,the Plaintiff in order that he might have an op-
portunity of either being present himself, or of
sending some person on his -behalf, to explain the
nature of the work he did, and so on ; besides, there
might'be a difference in the price of work,. as well •
as the materials, according to 'the part of the Colin-
try where the work was -performed. He should call.
his witnesses to prove this case, and then it would
be for the Jury to say what the Plaintiff deserved to
have.

John MgDonald said; he was the Foreman of the.
Plaintiff.; he was intimate with the Defendant, and_
did this work' by the order of the Defendant. That
521. was the bill for materials,, wages of the men,
&c.• for doing the work,in question upon this Ma-
chinery. That'there were dour men employed ujon
the work-: that there were no more materials thaß.
were necessary for the'. work,• which was done in
the very best manner : the Witness ondersrood this
business well; he hating worked for the originid
ventor of the Machinery. .
Some other Witneises stated 'the charge in this
case to be reasonable.; hut there being a dispute as‘
to the testimony 'of some of them, .
Lord -ELLuxaOitotrort observed, that cases of
this kind were daily occurring, and therefore it,
was well to have it understood what the rule was
to be that, guided the discussion of them, lie took
it to be this=Where work and labour was iper.
formed, and materials
.foUnd and provided, it was
fair to take 'it for grainy', that bOth the labour
was adequate and the materials fit for the purpose
they were intended for, on ordinary evidence, and
that it should then be taken that the party Claim.
ing compensation, had aged loya. fide,; until- it
should appear on the other side that-there was some
defect in either, and that it rested with the party
resisting the demand, to -sheW that either the
,work
Was not done, the 'materials
.not- found as charged,.
or that the price was not reasonable, but that where
there is no specific sum agreed upon, for given
quantity of work or materials, it shall then be
estimated at the price which is fair and reasonable, .
accntding to the opinions , of. thOse who are in the
same way of busiries.

On the part of the Defendant Mr. GAR ROW ct n.
tended, that the price charged by the Plaintiff in_
this case was unreasonable ; that .the Dele»dant
had, paid 351. into Court, and lud, bef)re that •
time, oared that sum, which' was 71. more than
was computed to be the full "Value of it by those
who understood the matter perfetTy well, and had
further offered, that if the Plaintiffliked it better,
to refer the dispute-to arbitration in the usw'l man..
net, the Plaintiff to nominate one person and the
Defendant another, and if they differed in opinion,
that they should chuse a third person, but which
the Plaintiff refused.

He then called several Witnesses to prove that,
in .their opinion (and some 'of them had the spine
business as this done for them, within a mile and
an half of the place where this was done) the whole
was not worth above 2bl. ; so that, accord:rig to
them, the Plaintiff was 71. overpaid, by the sum
of 3;l. being paid into Court.

Lord ECLF:NBOROUGH observed to the Jury
that this case, although not considerable in point
of sum, was rather material in point of principle,
for the question which it involved was this—When
a Tradesman was employed to do any particular
work, without specifying the price of that work,
or without settling beforehand, rvlat was to he
the compensation for that work ; what was to he

. _
the rule by which the charges for such work should
be Measured ? and upon this his Lordship he h. d
no iculty in asserting, that the rule which ought
to be laid down in such a case, was this, " That in
the absence of a specific agreement, .the measure of
allowance should be, that which was us:rdly charged
by those who were in the habit of perform;rig the
same sort of work, and that must Le made out by