The Sun.
London, England, 1805-02-14 00:00:00

itolfTHE FRENCH P,4PERt

PARIS, JAN'. st.L-i-They write from 13411. t4eaux,
the asth instant, that the Spanish Government has
ordered the fitting out of twelve Ships of the Line,
hesitles Gunboats, &c. for the protalion of the
Coast.
The English Squadron off Cadiz continues to
take Spanish Ships from America ; among others,
the Ship El Coro, from Vera Cruz, with jcio,ooo
dollars, and merchandize to the amount of three
hundred thousand more. Meanwhile, three other
ships from America got safe into Cadiz, being fa-
voured by bad weather.

FIB. 2.—Tht Moniteur, which has for a long
while contained nothing of importance for Foreign-
ers, is full of important matter this day. Jr con-
tains a contradiCtion—first, of all the reports from
Germany, concerning disagreements between France
and Austria, relative to the Cordon assembled by
the latter Power on the Frontiers of Italy against
the contagion ; secondly, of all the false reports of
war, founded upon the march of some French
Troops and Guards to Italy, whither the Emperor
of the French intended to travel, to regulate the
affairs and concerns of Milan ; and thirdly, of the
reports concerning the re-introdutlion of Paper.
money in France, and the immense exaggeration of
the Coronation expences to fifty or sixty millions,
When they altually did not exceed 4,6so,ooofrancs;
and -the like reports propagated by English Journa.
lists, to serve the war fa Lion iit umdat;
FE a. 3.—The Emperor's 'departure to the De.
partment. of the Upper Alps seems to be fixed for
the 19th or 20th inst. His retinue will be numer.
ous and brilliant ; several of the new High Officers
will accompany him.
There were several reports this day about the
sailing of the Brest Fleet ; they do not, however,,
appear to rest upon official foundation. it is cer.
tain that the Toulon Fleet had sailed ; but there are
also. accounts of its having returned into Port.—
They speak also of the sailing of small Scluadrons
from our Wwtern Ports to reinforce the Spanish
Fleet at Ferrol, whilst other reports send that Di-
vision to India. It is, however, certain, that a
general movement and aetivity,is remarked the
French Ports, and that the Commissioned,..' cers
of the Navy, lately at Paris, have set off forkbeir res
speCtive posts. It also appears, from Theifinfieur •
of yesterday, that five Regiments, which were quar_.
tered in Piedmont, have marched fur Toulon, to
embark on board the Fleet.

DE RAYNEVAL., who remained ,t Si.
Petersbutgh in the quality of French Charge
d'Affaires, after the departure of General He.
DOtivILLE, is appointed Secretary to the Embatay
at Li.;boti.
Five per Cents. yesterday (Feb. 2), 55 0/41.
LAN, J. 14. The expe&ation of the Italian
Republic, which has been raised at Paris since WE
Vice. President MELZ t, ail. the Members of the Cori.
sults, "nd several other of the mast J 40164110
Fun'66,,nati.its, appointed. Depiities at the Coroke.
tion, have repaired to the preste4 thejArtptror,
the President, not be disappointed: [he ex.
pectation was, that the result:of the conferences at
Paris would be some remarkabte ebange,,of their
Government analogous to the principles which
wally govern in France. The Gjzette announces
as follows Qn the 3oth of December last the
Deputation of our Repubiic was presented to his Ito.
penal Majesty, by the Councillor of State MAREs.
CHALBI, Member of Foreign Relations. They were
directed to assemble in the Consulta of Stare, under
the Presidency of the Vice. President, in order to pre.
pare, with the greatest solicitude, and subsequently
to present to His Majesty , a plan which should fix
the destiny of our country. The ideas communicat.
ed upon this occasion by His Majesty, gittes us the
most flattering hopes, that this work will have for
its ohjea a stable Constitution, by -means of which.
the Supreme Piwer will receive that concentration
so necessary t 9 all States, but 'eiipeCially to burs,
which is cor-)4sed of so many heterogeneous parts,
and stilt feeltie influen; pf political dissentions ;
that it will alSo possess that `durability without
. which in concentratiOn' would be useless, and
perhaps even dangerous."
•The Commission, there.
fore, is at present ernployed upon this important work.
There are just arrived upon the territories of the
Han Republic, some bodies of French cavalry and in.
iantry, upon their return froM the kingdOrn of Naples.
Their return into Upper Italy pan only be regarded
as a consequence of the removal of the troops
Which is constantly taking place from time to time ,
in these countries. A circumstance more worthy
of attention, is the intelligence transmitted from the
City ,of Naples, that a Russian Squadrdn has en.
tend the Road of that Harbour, consisting of five
Sail of the Line, and Frigates ; and that other
Russian Ships of war were elepeeted iitunediately.
This Strad.ron anchored on the 3Oth of December,
and at the departure of the post on ahe Ist
it was still unknown-whether these Shipi, which
were moored in sight of the City, had Troops on
board or not. The Correspondence between the
Cabinets' of Naples and Paris is carried on with
alkivity. A Courier of the former passed througtt
Rome very early in the month (January ). Rome
is full of ROssian Officers, attracted by their cu.
riosity.
VIE ttIYA, JAN.. to.—A French Conner has brought
the intelligence, that the',Atrbassador Eisyst has at
length quitted Constantinople. lie writes to M.
DODAti, that he intends • to stay' a few days at Vi.
enno, on his way home. Ms letter is dated the
iSth•of December, from Polite Piccolo, near Con-
stsntinople. Marshal BR tY NE has lett behind him
M. ?ARAN!), tt, in quality of Charge d'Ad'aires.
jiasr. 23.—The new French Envoy, M. Dit La.
Roc it rOtIC AULD,
at whose appointment our Cuairt
E
Ints testified its particular satisfaCtion, arrived this
day from Dresden, and took up his residence at the
hotel lately inhabited by M. CH/oar/satyr.

Two houses on the Steiner at Br:gluon, were
last week burgla:iously entered anti .robbed, the
one, belonging to Mr. Beach Rnbert, of divers
culinary copper utensils ; and the other, No. 5,
South Parade, of four fowls, about so pounds of
Cheshire cheese, several loaves of bred, and six
bottles of wine.

LAW' REPOR7I.

COURT OF KING'i gENCII, SktErti“DAY, Fzi. tA,

READ V. CAMPBELL.
This was an Anion by a jeweer, to recover
the sum' of 71. Is. fOr jewellery furnished to die
Defendant, who is a daughter of. Lord Freda_
rick Campbell. To this aaion she, had pl,..ad-
ed her covert Ore. It was proved that articles to
the amount had been futnidied ; hot the Lady in-
sisted on deflating 11. t IS. 6.1. for a pin which the
Jeweller had spoiled in repairing. The Tradesmin
not agreeing to these terms', brought his adion ; but
the Lady proving that she was married at the tine
the articles were furnished, the Plaintiff was not _
suited.

*ALSH TOULirliN AND '4ll4oilirrt.

This was an Atiun against the befendants,
Navy Agents,. to recover several penalties of 501.
each, fur having taken more than 6d. per pound f-n
the receipt and payment of the pay of Lieut. Wals ,
of His Majesy's Gun.brig Pelter. By an A:t or
the presept King, it is enacted, " that no person ern-
ployed as Agent in receiving the pay or prize-
money, or any other money, due to any person serv.,
ing in the Royal Wavy, shall receive more than Bd.,
in the pound for all their .trouble relative thereto," •
and then inaets a so!. Penalty for every ofn...ec.
Mr. ERSICINS stated the circumstances of the-
case as follows ;—There was due to Lieut. Walsh,
for his pay, &c. from 1 t tit Sept. 1796, to the z.i.th
May, il3ol, the sum of 5281.. to;. ;of that he
had received, by bills drawn by himself, Without fhb
intervention of the Agent, the sum of 3921. I is. 3d.
The balance, being the sum of 1351. I Si. 6.1. WaS
received by his Agents, the Defendants. They„
when they came to render his acciiunts to him,
charged him comtnission upon the whole sum of
saBl. mi. 9d. viz. 131. v. 6d. whereas by law
they Ought only to have charged a • commission
upon the sum ativally teceived by them, viz.
the stun of 1351. 184.'61 But this was not all
they had charged the further sums of r fees
on passing the heifer's accounts, and fifteen guineas •
for trouble in making up the accounts.-
In a second accouut, they ILO charged a similar
sum of five guineas for making. up aco:unts._ They
had charged 31. I commission upurt 1651. 7s. bd.
and an acitiitt,do of five guineas for the ist.cuot.
Mr. SuLic 1-roit Gs NER.11.., for th:-.ll:rendants,
took,obj,•clioos to those counts iri the declaration .
Which related. to the last account. Ira citagjag
the sum upon which the c:Anmissic 0 was taken cley
had stated it cummission, whereas 4t.
ought to have included it. • So that :he quz•stion at
last resolved itself into. this single point, whether a
Navy Ageot was entitled to charge cumnuoion nn
all thepay that would be due to the Oiliccr,or only '14)1
those sums that actually passed through their hands ?
The SOLICITOR. GEN E. kt A L .Übserved, that before a

late Aft of Parliament, the whole pay of a seaman
must pass through the hands of his Agent, And the
14egis1sture had thee dec!ated that 2 per cent. should
be the amount of his commission. But since that
liztiod an Officer (night draw bills on the Treasurer
orth,c Navy for his pay, at two months, if the
Agent was to have a commission for no nv.:re than
the .balance he received at the Navy•Ofiice, he
would have all the same trouble in passing the books,
dm, and would only have a - commission of (id. in
the pound perhaps upon ten pt,:uhtli to receive.
. . Lord ELLe zoioßoo OH thought it Was ATI import-
ant point how far the latter MI had affected the
former ; and it. watt agreed to make a Special Case 4,
it for at: opinion of the Court.—A Verdittt fur one
penalty was taken, subject to the future opinion (.1
the Court.

Music.—The Second Perfurnince of the Can:
cert of Antient Music to,ik place hat night at the
King's Theatre. The ROYAL FAMILY Were not
present, 31 HER MAJESTY IS 1101 sufficiently reeoyer-
ed from her indisposition to venture in public. 'Vile
PRINCE of WALES, however, and the DUKE of
CAMBRIDGE, attended. Mrs. lit INCToN,
HARRISON, HAIM. E, MAN, and Miss TENNANT were
the chief Vocal Performers.---The whole went ofr
with corredness and .grandeur.—The Room was
very full.

Po dr Lr sm.—Tuesday morning, Arlo t nine o'clock,
a pitched battle was fought behind the Ben John.
son's Fiend, .Stepney Fields, bet wren Situ Else.
worth, butcher, in Shadwell, and Ned a nil..
vigator, bilohging to the Lnudon Dlcks, for two
guineas ttoitie; which lasted one hour and •reven
minutes ; and after forty.six rounds, Elseworth gave
in, being unable to move : there were several hun.
dreg spthators present on the occasion. Elsewortli
was taken home in a very bad Wife ; in consegitence
of which he died yesterday morning, He has hit a
wife and four children 'behiAl. him : the survisrur
and Seconds übsconOed.

tin Thursilay last a singular accident hap.
penca at Aitietwasley, Derbyshire a Fox hiving
been traced throti3h the snow into the hollow of a
rock, one of his pur. tiers, mole daring that the reit,
Crept into the aperture, with an intent to secwe
the animal; a qutntity of eartli, It Chia giv-
ing way within, fell upon this unfirtunate man, by
which, before it could be removed, he was buffo,
caked.

On Sunday' morning seri:light between nine and
ten o'clock, a fire broke out •in the out.houses at
Iliddick, near South Shields, which for' a consider-
able time threatened destritaion to the whole pre.
mixes ; but, fortunately, from the serenity of the
- e
day, the exertions of the Military, and a few of the
neighbouring Fat niers, the flames w re gut under
without doing very material d,rtn3ge.
A Bricklayer, named Wickenden, employed on
n:nday morning in unroofing a huase at the corner
of lia w k's Lane, in St. Margaret's, Canterbury, had
a singularly providential eNcape from death. One
of the rafter's on which he rested, being old and
rotten, on a stici,li,•m gave w;iy, avid the inan was in
consequence precipitated headlong to the ground
into ah adjoining garden, a height of near diirly
feeti he felt :luckily on tome soft ground, and,
from the circa of the fall, hi* he3d and hands were
forced some depth into the mould—yet he received
so little injury, that it Ryas only thought necessary
to bleed him, as a precaution against any intetral
hoc he might bare

Flo* tir LONDON G izErrE, Feb. tz, ,Fos.

annni.r&ims in the Second Rcg'lnerit'of Warwickshire Militir
4;g7rerf ky the
Major Trevor Wheler to be Lientenant-Coloitel.' Dated May
• IC 1804. Topliam Lewis, ,t oq. to be
,Captain.
Dated latitiacy iSo4. john•Edwarti:;, FA. tote (.71),'.
tain, vice Dt ..ti, resigned.. Dated November '36.,
°Ensign lohn 11,11 an to LieutertAnt, vice Brooks, do.
ceasttl. tzar.ll Apnl 1804.. Eni‘ty,o bourn Luby to be
Lieuteaaro, dzCA'AsCd., Datel i‘kt
ry I, 1804.
John Geol. to he Lientenaut, vice Lewis, resigned.
Dated September 1, 'BO4. As!j,itant Janie; Pring to be
rtieoteneutt, by 13icvet. ' Dated August 5, 1803. Thomas
Proud;, G vat to be Eilsigo, //ice. tialleti, promoted.
Dated Septentiwr George Sparks, Cent. to he
Itltligll, vice Luby, proiloZe(f.' Nottumbri-.30, ISo4,
Belay Cooper, Gent, to'h:: c2nart,f.r.Mitster, vice Lindop,
atted November 25, 1804.

. .
Commissions livid .hy lb? I.4rit Lieutenant of tile County of
Aberdeen.
Fraterburgh
Second Lieutenant Charles Simpkon to be First Lieutenant,
Vice Cooper, resisned., Dated January Ai;

.• IMailuhitte, Company.
Eilsign Milian Mitchell to be Lieutenant, vice Johnstone,
osighett. Dated iontury 2i,' 1805:
IJI Regiment i!l* Aterdeen l'olunteers.

Tones Mitoe,,c,..nt. to he Lit,,ittenorit, vivo Clieyne, resigned.
Dated ',Anwar, 25, 1805. texanderSimpson, Gent. lo be
'Ensign 'vice h te. I)ated as above. limes Men* Gent.
'to he emign, vic Allan. Dated as above.
hull, Gent, to be EnOgn, vise Leith. I).iteti 4s above.

00 dlla,es-Olice, Fsbru.try 9, I goS•
C.Aps of R,;,ral Englseers.
Gentleman Cadet SebAsdatt Dickinson to be Second Lieute.
;mot, vice I. Hobbs, promoted. Dated Odobcr 1, 1204.

COUAT OF EXC:IIEQUER, DUBLIN, FEL 5.

GPIMAM Ann DORAN yti. DlRPsrok.; or THE COM-
NIER.CIAI. INSURANCE Cc.S.I2)A.NY.
This cause came on to he tried before Mr. Baron,
°Ct. r LLANO, and at most -respectable-Special Jury,
on Saturday, Jan., 26.' It was an baton of As..
sumpsit owe:Policy of Insurance, brought against
the Delendants, as Direttors.of the Commercial In. ,
surance Compoly of Dublin, to recover spool. in.
• cured on the Brig Catherine.
It Appeared `from the evidence of Richard Gra.
ham, the Captain a,f she verse), svho had been a sea.
man for twenty years; that nn the ra,,h of Novem.
her; 1803,' lie sailed in said Brig, hound from Dub.
lin to Lisierpool, with a valuable cargo on board ;
that aboirt three o'cloCk in the morning of the 16th
following, being a little to the Eastward of Point
Linas, rhe was hailed by a pihn„boat, chewing at
the same time a light, which witness answered by
another light ; on the boat coming alongside the
Brig, the Pilot on board her asked witness and
crew w hence they came P and: on witness an.
swesing, froth Dublin,'.the boat sheered off; that
witness used every possible exertion in his power to.
get a Pilot, and kept a signal continually flying for
that purpose, • until the morning of the stith, when
it be;img the first of the flood, and the wind at north,
he sto,Hl up Formby Channel, ,frt ablaut seven fa.
thom watAr ; and about one o'clock in the after.
noon,- being near the top of high wow, and the
land bearing E. S. E. they, suddenly shoaled their
water from seven fethom to four, whereupon wit.
/;::0, lut the helm spurt to stand off; but she Missed
owing to the lightness of the Wind and the
Ih'r;d tide, and grounded abaft ..upon. •thrbeaeh,-at "
Icoemhy Sands, :thaw. t mrteen miles from LiverpoOl;
that witne6l endeavoured nth in Ina pnw.:r suet
her Off, wilhout Mita, and stuck toitis vessel' to
• the last illAtieTti, sown at the peril of his life, and,
thetehy saved alinost all the ~cargo on board ; but
the brig its some-time after went to pieces, and he
told the hull for izol; On witness bring mitt.
examined, •he said; thitt Fuppby Channel is not the.
road 10,f,t frequently: taken,by.„velsels sailingfrom
Dublin to I,datetuoPl,, the most wild course .being
the. North .West, Buoy ;. but that however, most
depend on, the • point, the . wind i$ , in, and that
lie was driven into that. chime' by. contrary winds
and a. Eton(' tide, and that,. had the wind veered, he
would have changed_ his course,
A Pri,itest of a Notary Public in Liverpool war
given, in further evidence Of the foregoing state,.
went.. litre 'Plaintiff's case tinied.
The 11:tontlants set up a. defence that it. was owing
either to the downright ignorance or negligence of
the Captain,, the Vessel was lost ; .and that there-
fore the;implied warranty of the Law in ea,ses.pf
Le,urance, namely,, that the Insurers will do every
thing necessary on. theirparts, nor having been'per.,
fowled by, the Plaintiffs, they, ought not. to. Teen;
ver in this present adion,
The first Witness produced by the 'Defendants
was a rilot.rnastet of the name of Key. Witneo
was croizing in Formby Channel When the Vesae)
struck, about ten railer distant from tier, and could
ol,serve ii a flag on board her ; believed the Brig
might have made the North West Buoy of the Horse
Channel„discant about is miles, but that -ahe steered
towards Formby, where Pilots frequently cruize.
being.cross.examined, Wittiest raid, she might
have had al flag flying for a flint without his being
able, at .the distance he was then at, to observe it
that Formby Channel is the befit whets the wind Is
tat the North ; could not .swear that the Vesel he
saw was. thßrig Catherine; and acknowledged that
many complaints had been made to the Pilot Corti..
mittee at Liverpool, of thcs,Pilots emitting in the
Channel frequently refusing to assist. Irish Vessels,
HS they are paid three times more pet ton.for con..
eluding Foreign Ships into part.
'The next Witness, Williams, deposed, that he
had 'been employed as a seaman at the-time the
Vessel was lost". he advised the Captain to put into
a particular ilarbour, and that he. refused doing so.
On bring cross.examined, he acknowledged the
Captain endeavoured to get a Pilot on board, . and
even ;irked a Fisherm'an, whO happened to be out
in the (d"i"ne; in his Lioar, to,pilor hitn,, but could
not preVail on him to do so: Witness, On the Vessel
striking; immediately quitted her.
The Learned, judge, with his wonted i;bility, rea,.
capitnlated the evidence, and laid down
The jury,. without a nunneries hesitation, returned
a vertlia for the Pliintiirs.,-Datuagea.9o3l. and 6d.
Costs.. .