The Sun.
London, England, 1805-12-05 00:00:00

COPT OF KING's NCH, WlDNtsnA*, nac. q.

Amrs SPENtELEY, QV: TAM, V. OBNEILA.I.. -pz
LOT.
The Plaintiff. is a Carpenter, the. Defendant a
...Vrench Emigrant. •
The .SotaciToit-Gargr.AY.., for the former, said,
.../that this was 'an Aaion brought on the . Statute of
'slily, which enacted, that the party ruing should.
recover thrice the amount of the sum upon which
the illegal interest was given. 'The Dc&ndant ,had
lent a Vrcitch Nobleman. (the Marquis De Chair-
pna,s) various sums of money, to the .amount of
more than 80001. for the loan of which he W:•3
receive . two guineas, a day, cr at the rate of more.
than 700 per cent. The Declaration consisted of •18
counts, *and each of them stated different stuns,
, with which the Marquis De.eliamponaft had been
accommodated to carry on a systern.:of gaming,
. wlyic,h, the Learn:d Coma,. was .sorty to observe,.
that Nobleman bad made his proleSsion. If he
should clearly substautiatehis.case.,byeyldenee, the
Learned Co
;unsetsaid, be had no doubt but that, the
'
baud over the Defendant to that. pu-
.
ilishment Which the Law "infli6ted incases of this,
• '

The Marquis, De,Chemponas was then called, whe
steted, that in 1792 he held the situation of.Mini-
.ster fair Foreign Affairs, under the French, Govern-
ment, but had resided in England for the last three
yeeree that'he carried on the trade of a dealer in
witches and jewellery, i n 41;r-street, Piccadilly, since
hie settlement in, We country ; that finding the
persons to whom he Was indebted demanded tuurious •
interest, he had resettled teethe gaming-table, hoping
to retrieve the fortune he had-once pessessed. Un-
happily his expeaations were disappointed, and he
.involved himself still further in debt. Urged by:the
repeated demands of his creditors, he at different
,tunes borrowed money to a considerable amount,
for which he was compelled by the Defendant to
pay whatever interest he recoeired.
• Mr. ERSKINE, for the befendant,-'contended;
that the various sums which were placed the
Marquis De Charnixmas' hands, were so .4posited
.for the express purpose of trade. On the applie
,cationeof the. Marquis .to General- De Willot, he
represented himself -to be engaged in a- Concern
.which would produce from forty to fifty, per cent :
and on that information, the Defendant' was in-
duced to supply the which wire required ; sti-
pulatin,g„ however, that he should be paid ,the pro-
ceeds of the business regblarly every ir,entb.. For
nears; a year these transaaions were 'carried en,
and General Willot received What were Supposed
to be the pretits of the funds -he had supplied ; but
in the month of November, eao4,, the Marquis ab,
sconded. Every diligent search was Made .far
him,.. but without effede WAR ..116 was traced to
his concealment, in a cellar, in the .house of the
Plaintiff,: and the- Defendant procured him to be
arrested. During:his contineinent, in the presence
of several witnesses, the Marquis told the Geeeral
that he bad gambled away, all the meney With Which
he h d bt .71 provided, at No. 77, in ;
that he leel no:et:entered into any business, and that
):is watch were the whole that be possessed.
On the C,',llcral's remarking to him, .that
,he had
thousand times' solefunly sworn, 'that not
gauible, the Maple replitd,.; that it was. perleffly
teue, yet that he had beep:Wee:et' to play,' lest the
.Defendaufebould- refuse .to supply his necessities :
that he wouldgiee General Do 'a mortgage
upon his estate of Cluiropenese in frence, which
Nees at present occupied motber ; and lie
ridded, that he paid the different 60111 S, which were
stated by him: to he the proceeds on the money ad,
veneed,-When aatially aro pwhts
.could accrue, as he
was engeged 'in no trade. 'On Gen. De Willot's'
threatenieg to prosecute hiM As a swindler, 'and fur
that purpose to have him conveyed to 13i.n.V-street,'
the Marquis endeavoured to excite the Defendant's
coniadseration ; and for this purpose he used many
passionate exclamations -caXISVSRIVI.! of. the agony of
his ivied. lie complained of the degradatiOn' which.
he should suffer,. and urged thepainfill situation in
which a , person like himself; 'who had held ki high
in the GOvernnient. of his Country, would
he, at his period ofAife, if he were placed in *sO
ignominiouee state. Under such circumstances, the
Lecrned Counsel' trusted, that the Jury would give
their verdid in favour of the Defendant, when he
should have proved that he W3s' ignorant of the.il
legality of the transa&ion. Eeseeiee then
called

The Marquis De Courtendeau,, who had been
privy to the transa4tions between the 'Marquis De
Cliamponas and the Defendant, who prot that
the ni(jlley advanced was expressly stipulated to be
Applied to the purposes of trade; and that et the
dine of the loan it wa,s agreed that it should not be
employed in. concerns .which the laws of the Go-
vernment did not admit.

a Bertrand DO Molleville, who held the situation
of Minizter of the Alarinertmcier the French 'Mo-
narchy, the 'ecunt, 1)e Berei}lnis, and numerous
other French Noblemen, •tvriti 'examined to prove
that the Marquis De Ch-unpQaat NV23 unworthy of
belief.

Lord ELEENnonoco4l remarked, at considerable
length, on the nature of the case, %viten, after about
ten minutes" delilleration, the Jury returned a ver.
ctiet for the Plaintiff. '9r the 7th, (Ith, 9tb, i gth, and
toth conns of the Deolaration.—Datuages 26,2001.
jti the Case of SEENca-eY V. the Baron DE
SC:-I:7I..E.MIWItGIi, for the garnet-0E1)(e, a ponsuit.
was entered ; and in that Of Sont/Ermatraaux. the
Marquis DE CIIAAIPONAti, a ..VerdiEt wai found for
the Plaintiff--Damages 20)41.

SlifißlP I's COURT, Drc

STAW.Iin v. 'TASSM.
r....qA,KSPEARE GALLERY.

, Mr. MA. aft vAT stated, that the-Detetleilint, n-
dole!, in Leicester-square, having obtained the Great
Prize in the S.halorare Lettery, NOtich entitlecihito
to. the Gallery and its contents, had, by the recom-
mendation of Mr, Caldvveli, an eminent Arti3t, and
General Melville, ipplied to the Plaintiff; cur' A
tioneer and boakseller, in Piccadilly, to sell the same
by public aualon,:and. be accordingly consented to
do s(; the Defendant was.desirons of knowing his
terms, and the Plaintitrappointed a Illettlilf; to settle

accompanied hiin,
on being asked what he should Cs urge, in the most
liberal manner said, that he '
felt himself so much
obliged tothe befendant,, ler having employed him
in the business, thathewould rather leave it to
self, ;;flei the sale,
,to rewerd him according to his
exertion;. Heveowr, Defendinit declined and
•desired to come, to an erran,gerneet, ,and proposed to
pay the Plaintiff 5 per cent. fur selling ; to this prep°.
sat Plaintiff assented, declaring that he was more
the n.satisfied, and Defendant desired a. written memo-
randum of the tereaS; Plaintiff drew the sao.'.e, and
Defendant asked hint hew much he shoUld beallow-
ed to buy in, gretisf'Plaintiffsaid 40001: Mr. Barney,
the'ketist, who was present, said, he.thought that,
sum too large, end it was eveetnaliy settled. at 30001.
and if Defendant chose to bus in all above that sum .
he was Dilly to pay' tsvo and a half per exile ; 211,1 if
the, premises were sold by private cegtrac..l, Plaintiff
was only to have 501. for all his treuble, 'and to pay
the produce. at all events within. three weeks after
the sale. Defendant offered a counter-memorandurn
to the Plaintiff, 'bet he declined taking it, saying,
that if at any time the Defendant Wished to retraft•
froth. it, 'he would only charge such a stun 'as the_
firstautlioneer in London should say he was
to:
_Defendant declared himself perfealy satisfied ;
and said, that he had licaro‘ a most respeCtable:
character of Plaintiff, and ma& no doubt thache
-would give, him satisfaCtion. ,Plaintiff advertiSed •
the sale in the several principal newspapers in the
three Kiogdems, and pad every necessary attention
to the business. However, Defendant, for some
troknowe reason, thought proper to be dissatisfied
':.with the Plaintiff, and sent him a letter on ihe fadof
April, after he had acted ten'weeks as his auctioneer,
say iag, he had, employed•*Mr. Christie, and dis-
chareed Plaintiff, who was, of -course, much hurt
at such treatment. He sent a letter to the Defend-
ant, expostulating with him, and called on him
personeilY. Two most respeCtable men 'also called
on the Ilefeudant ;'.•the a clergyman, who, be-
ing 'absent at his' living' :could not attend the in-
quiry before the. Sheriff : the other,- a Witness;
whom he should ca3l; and they asked,Defendant
why he was dissatisfied ? He could assign no reason,
and merely- said that he would not sacrifice his pro-
perty; and that the Plaintiff had charged him s per
cent. for selling: the building, instead of eine and one
half. The Coined Counso contended, . that he,
wptild prove that 'the charges- of, Plaintiff 'were' less-
by.lsl. act ordi•ng to the agreemeart 'he lied Made,
than
.most
regularper centaze, and that his candnat,
was most handsome; and
.his haying had an
offer of. 15,0 c for'the whole; by private contria,
which was more by upwards. of 40001. than the
emount of. the sale of the paintings by public auc-
tion, by Mr., Christie, arsd the subsequent sale of the
building bY private contract by that Gentleman, who
certainly had, hi his letters to the Plaintiff, on the
present occasion, sliewu hirnself a man of liberalitY;
and that instruClioos froth
.his Client warranted him
in the observation, that the Defendant had .de-
clined,taking less than i? 5,0001. ; ,he concluded an
able speech by saying, that he did, not ask the Jury
forany damages on account of the, injury the Plain-
tiff had received, by being exposed to public ceesiire,
this sale being taken from him by the Defendant
.without Any reason,- aid his feelings being hurt,• he
only. sked a recumpence :for his trouhlee and that he
should . be paid the actual lezpence he had sustained
in advertizemeets, catalogues, . &c. end he had'to
lament, that the damages in the declaration were
not laid at'a higher sum. • - •
, Several Witnesses were called, among -.the rest
Mr. Barney, the Figure-Master et the Royal AO-
dremy, .Woolwich, who retouched the several paint-
ings in the gallery ; be proved the 'agreement,
and the liberal ulcer made:by. the Plaintiff; several
ether Wimesses,,completely established the various
payments in the Plaintiff's, bill ; and Mr. Wiliock, a
most respeoable AuCtioneero • was then called, who
said, that PLiintilrs„ agreement with Defendant'was
most fair and -liberal on his part ; and, as to his
knowledge Of paintings, he could not but admit that
be.shoulct have aided as Plaintiff did, 'by having re-
course, to the .assistanee of some eminent artist ; he
knew the Plaintiff to be,:a very respectable and de»
serving Wan he had been entrusted with the Mar.;
quis ,of Dunnegal's sale; he, hadaieted in the present
instance most honourably, and. •had been used very
ill in his opinion, his demand wes most moderate
and reasonable.
Mr. ' • , .
Foerest, partner /with Messrs. Skinner and
Dyke, corroborated _Mr. Willock, and declared, that
Plaintiff's condi* was very liberal, and his charge
moderate.

LJeTericlant

Mr. Squibb also supported the Plaintiff's claim,
and spoke on to the fairness of his condua, and the
justice of his charges.
Mr. LAwis spoke at some length for the Defend-
ant : he contended, that the Plaintiff:ought not to
'be paid more than 20 0r.301. for his trouble. The
Learned Counsel, was very happy in his allusions to
the Gentlemen of the hammer ; and, at the Con-
clusion of au entertaining speech, said, 'he Would
not call witnesses, but he would put up the Plain-
tiff's bill, and for his, trouble, say, ten founds; to
begin with." He saw a Gentleman bid twenty
pounds---" thank ye, Sir." Mr. Marryat, as a bold
bidder, offered 84. but the Geotleman was told the
lot was knocked down.
Mr. ..ft-tZ47., thg 'LTnder Sheriff, charged the Jury,
observing, that the Plaintiff had coilipletely
esta-
blished his demand, and DO evidence was offervd to.
impeach it. ._

!-The Jury found a ;Trill& far the Plaintiff for
1251, 183. 3,1. the fun i'canognt.of his clemadd.

A few days agi) a common brewer was.convided
before the Magistrates at Newcastle, in the miti-
gated penalty at 591. and costs, for using. in the brew-
ing of ne:,!r, n.certaincottpound ,ingredient for the
purpose of iwightening the colour of tbe liquor.
A.shackipg accident happened at Brown-Moor,
near Leeds, on Thursday last :—A .young loan, of
the name of,Baricer, loaded, a gun, with the inten.,
tron of shooting crows on sonic hard corn, but not
being able, to Kra, t'u piece off, he brought ithome,
and desired his mother, to take Care of it., A short
time: attar, 'his
,brother„ a-boy ten years, old; took up
the gun, not knowing it was charged, when it went
off and lodged its ccntenti in his mother's left
slioidder..At first little hopo ssi.its.eittertained of her:
recovery, but she is no,,s, out of danger.

Dx,c 2.

CoNIS.P:FRA.CY pir-ivo4KmEt4.-,
. .
,R6k-zx Chri,;.loiilier;*atid Entamod:11,111101.,
.71.71 r .AVOriOn; ALP • Willifint.F, and John l nut-
house,, we're eidi‘ted. ler having unlatt fatly con-
pirednigerlier to prevent- llebert Spitler, stone-
fi-ent reL&iiiig iu his employmeet ,Johu
hwe; and for having, on the..ed .day of otiobzr, in
purstrance'of such. conpiracy, retuned to work un-
less.the said John Kellow was turned from the ser-
vice of the seallobert Spitler, and, in consequence,
subjeded the said Robert Sp:ller to considerable in-
convenience, being, unah:e for ten days to pro-.
core-men to fir:isn the order he then had to execute,
against the peace of the King. •
Mr. GURNEY, on the part of the Plaintiff, Ro-.
bert Spitler, stated, that the. Defendants in this
case had coespireS together to prevent the. Plain-
titrfrem retaining in his employment John Ket-
low, who.wai his foremap, ag-ainst whom they had
no other ground of complaint than that he was
_his master's favourite, and exaded from them the
execution of their. duty ; and they had, in.
consequence of the Plaintiff refusing to discharge
from his service a faithful servant, struck, and left
his busintss. in an unfinished. state, and subjeaect
him to all. the' inconvenience stated in theenditt-
nient. lie did not wish to inipress oil the
mind of the Jury that any man w;:s Obliged to
work with another to whom he had an aversien
the law exercised no such tyrann ; for. a
_work-
man, indivi wa
dually, sat liberty to,. nay
man's employment'so soon as it became obuoxioes
to him '; but. when a nuMber of wortunen.'combnle,
for the purpokie of enforcing their employer to.do
as.they think proper, and, by leaving; him •in ths-
treis, to dictate to him the cantina he onght, in their
to pursue; it is evidently a conspiracy,
and 'beconies, a crime of a very serious nature, and
calls for the interference of a Court of Judicature.—
The Defendants hid first, ,by every means. in their
povver, endeavoured to render John Kellow's
situ-
•ati'on uncomfortable ; but, :finding their exertions
were not attended with the desired cad, they
threatened, one and all, to strike, if he was not
dismissed: Keno*, conceiving his master's inte-
r rest concerned, quitted his employment, and as-
.as his reasons,'the threats of his fellow-
workmen ; but the Prosecutor insisted on his re-
:turning to his employment » he complied with the
Prosecutor's desires, and went to work as usual in
the morning ; but, on the Defendant's entering the
workshop, they expressed some surprise, cenfer-
red 'a " little together, packed tip their.tools; , and
went away, leaving word that,. if the Prosecutor
Would comply with their desires, they would re-
ftirn to their work, but not otherwise ; and that
they Should wait at a neighbouring public-house
the result of his determination; The Prosecutor,
on being informed of the circumstances, sent his
head foretnan,, Mr.. Montague; and a than named
Lawrence, to ask them whether they Ayoub" re-
turn to their work :if Renew_ should work as their
equal,' and haVe no contront Whatever over thein
'To. which they 'returned for ansiVer,'that thdy
*bold not
.return
,at, all unless, be was completely,
discarded i:Which the. Phatid, feeling- the value
of the servant; refused to comply with, and ti.oy,
in consequence, refused to return : under. those cir-
cnaLtances the compiracy, -in po'nt of lay,;, could
'riot bo refuted. Ile then .called Mr. Robert,Spillcr,
John' Kellow, Joseph Montague; and John I.4w-
rence, who completely substantiated the ties as he
had related then).

Mr. COVST, for the Defendants, statfd, that he
undergood'front the Prisoners that the condud cif
:John Kellow was by no means lenient to the per
sons that were under 'him,. but the reverse. kic
certainly -agreed with his Learned Brother, that,
if conspiracies 'were allowed ' 'amongst Workmen,
the most dangerous consequences might camel°
society if ,The Jaw did not take cognizance of
them; but at the Same time, he averred that a
Workman, on Own account solely, has a right to.
quit his employment when the tyrannical conduct
oldie person
.put over him. should render his si:11-
ation disagreeable, as appeared ,to be the cast; in
the present, instance ; for, however .faithful John
Kellow might be to his master, his coudud to,.
wards the workmen under him' might be extremely
unpleasant arid irksome. He did not conceive
there had beep any premeditated conspiracy, as
theY all Agreed that, Jelin Kellow's behaviour to-
wards them was not to be endured ;. and they
had, not with any wish to injure their- master's
btisiness, but merely with a view to get
.from
under the dominion of a man who, was obnoNioos
to them in the extreme, quitted his service : he
imagined their proceedings were guided by the pas-
sion of the moment, and not by any previous 'plot.
Ile, therefore hoped they would not be lijibie to
the same punishment as if it had been a premeditat-
ed' bilsineSs, •

Mr. IVl4.lxwAstiJo addressed the Jury at some
length, and laid before them the magnitude et the
wit 4 which the Prisoners were charged. It
was a crime, he said, of such a name, that it wias:.
almost impossible to calculate the injury that might
be done by was •a 'Crime that called for the
mot exaMplary-punishment, inasmuch as it might
be attended with the Most. irrecoverable injure to
every branch of, trade. A man, he said, hall a
right to db as he liked himself, but he had no right
to tempt others to, tbllow his example. He imp es,
hOwever, the young tuvoNvould profit by their, pre
sent situation, and be more Luarded in their future
conduct. • • -
•The jury, after a, short conference, returned their
- • •
They were ordered to the House of Correetion till
the Court should consider of their sentence.

Yesterday Mark attach was indi6ed by the
Parish Officers of Si. Ann's, Soho, for , keeping.a
common brothel in Portland-Street, Wardour-street.
The Evidence proved, that the -house kept by the
Deiendant.had long been a public nuisance. ,The
most abandoned women of the town were' frequent-
ly seen at the windows, altpost naked, and the broils
whic:b..nightlS' occurred, kept the .u.Sighboorhoodiih
continual disturbance. The Defendant was ,fdlind
guilty, tad the Court sentenced him to be ittiptit4P-
ed six months in the kfousc,.of Corretition'..'

M'Clute,. has beem`..iit.4,,priapal Inn in ~
considerable pal•cof winch time he was attended
a Surgeon, .and can ned to his beA.--During'ti
latter parr of his.stay, when he was somewhat P
covereLl, be wenrout frequently, praending to hal
busine4 to,transaa. .Early of Saturday morning
took his leave, but imtead of paying his bill, he le
a long lette,r for his host, informing him of his di
tresses,
„nod that in a short time he shOuld be foiin
drowned. He not clear pa", but- was seen at
tl
Black :Swan Ipn, at ,York, the same eveniog.—B
pretends to be a native of Ireland.

I eed

s/UP NEIII,

op ayssamo, ote. 3.
Pzissed by-the St. Ras,Loris, Comena, from Lisbon; ci
rotio3 Harmoni.:l, Ashton, from Charente;
and fohanna, trout Ifambro'.
the Concord, • Fl:atl, fir larnaica ; !Mtn, Stuklei
for Surin3m; Zephyr, ; Heniy, Sp*
for ; Inr l'oppenburg
Peter, Cams,, Hoop; Scipkcr, and Vier Gebroders, CatieSi
for /5 fC Illei I.

at
32).
DaniarttuTtihapticzre-.Stit7ntrnultililit).osgililoc:Elatpila,......isn,stoo.n, the Lady of Robot
Lately,. at Sticerilcs,, t:ic t.. 4,4 at Colornissioner Grey, of

.
AMP 1( lit 1)
A few days .sine., at St. Martin's in Oa Fields, rem,'
G rov s, MI.E
.M.lss Squirc, of,Luugliton, t:e.tr2::.............__......
late I.leut;tia.iit Coion:i of the 014 huff'?, w

• - -, . DOW, •
Suidenlv, Tris Set cil:: flightless the reigning Prince of Tcnt:
$ t.+ king a WA •
e
briY f
ic;a:•Yinsecitti:4llr)b.r:2‘tn:',:ellit:A.:Esl::t;,:,:.i.i;t:ll:tfclll4:y‘eell. 11.t.‘Slit'lliaintr':::;•ihi:r.:",isl:18\t'.11T:T''...alt:31- t,ll‘l:llsl'slC?r:lt':srrt:tto. its4t(t)l.4ltt'..tihilli:,els::C:l(::nr;al(tii.ftet.o,lll:'''''ll.l:lll;Vll 1:i, eant.n61:148:::.1::
e.r "4". M"01 •I.Anos.thyrer, and tlaughtisr of thebte janws:
t)n the lOth ult. at tYporto, Frincis ,Ilear,!:y, Esq. Mer'''
Oant,.of that place. •
lermyun(lcilel ItC::hlelllEatlrlitera:'oßialtill:
n-sttat. .. ,
Ot• Thursca the.2.Bth tilt. at his in Cle.iv6lAd-
,artits's- I' lacy •in lib! 37th hear'f his age, L.;eorty
arn.es Williams, Esq•so'n ot r. Fiero Wi..111, • 4to 6r"4
. . •
14 r. (irides VA:lei-bac)), 1.1:z of
0 h i , .ort .
MissnOT'S-olrirylnYt. ntiaiguThterkotif the l'i:nti.Cl:illitilu-Isttr;rStlttli!;.iaunlrii‘64l.
't that City. A inetancholy 'accidat occurrea to thii P,
Y.i:stertlay stennigtit : as she.wiis ..rantiog with her backtotra%
tire, her 4.:totheS caught the blAz'e,. w iitcli with titift;:ullY
e_ r. inguis . 1 i t I , but not until sin: w.ts bitnied so weveielY 7
5"
l'ililbuish,A lA z niat roadie iii! L:ac ii4;;;;),1 of heotioo a-
lion.. .!. . .
- . - ---------------'"'7---". '

„”

Bank " •
Navy $ per Ct. shut
c per Certt..l797;
Irish s per Cenr. ..
4 per Ctikt.
pc; Cent. Lett. i 941
per Cent Cons shut
Link L.. Art. 17.1-,i6th
Ditto Short Aro.