The Sun.
London, England, 1802-11-08 00:00:00

CRIMINAL INFORMATIONS.

Mr. ERSKINE moved for leave to file a Criinina'l
Information against ...John Gough, Esq. aGentle-
man of consideral- fortune, and a Magistrate for the
County of Safford. This application was made on
behalf of Mr. William Osborn, a considerable
Farmer, in the neighbourhood of this Gentleman,
whose Affidavit stated a number of circumstances,
the derail of which would be improper in the pre_.
sent stage of the proceeding, becatise it all ex
parte. The substance of the charge is, Ahat,a boy,.
belonging to Mr. Osborn, behaved improperly, and
was gently chastised by his master, for leaving the
harvest duty, and going on coursing a hare, &c.;
the boy laid a complaint before Mr. Gough, in con_
sequence of which Mr. Osborn was brought before
rhis.Magistrate, and the boy afterwards consented
to take a pair of shoes for making the matter up,
notwithstanding which Mr. Osborn was improperly
kept in custody a considerable time, though he ,
offered bail to a thousand pounds, &c.
Rule to phew Cause granted.

Mr. JAR yrs moved for leave to file a Criminal
Information against Mr. Henry Rice, far sending
to Capt. 'l'. F. Freemantle two Letters, importing a
challenge, or provocation to tight a duel, oa ac.
count of a misunderstanding which arose between
the Captain and Mr. Rice, while the one was Cap-
tain and the other Lieutenant of His Majesty's Ship
the Ganges, and in consequence of which Captain
Freemantle wrote up to rwy Lord St. Vincent, that
it was necessary, for the safety of the Service, that
Lieut. Rice should be removed how the Ganges,
and he was accordingly removed.
Mr. JAR vls said, his Motion needed no apology
on the part of Captain Freemantle, for he was a
gallant and distinguished OtEcor ; but this was
moved for the purpose of preserving, by civil means,
due Subordination, and preventing men from seek-
ing to adjust their disputes by unnecessary appeals
to the Sword.

Captain Freemantle in the Affidavit on which
this Motion was founded, disclaimed all malice
whatever against Lieutenant Rice, and solemnly de-
clared, that the communication he made to my Lord
St. Vincent, was solely for the advantage of the
Service.

We have,abstained from the particulars Of this as
well as of the preceding 'case, and for the same tea.
son.

TIIE KING v. GIBBON'.

The Defendant4tands charged with a Libel on
Mr. Shuttleworth, signifying that he murdered a
man on board his Ship; he was brought into Court,
and ordered to be brought up on Saturday next to
receive judgment.

RYAN V. REDDIE.

Mr. GIBBs moved for a Rule to shew Cause why
Proceedings in this Cause should not be staid, and
an F,xoneretur should not be entered on the Bail-
piece, &c. He moved this on, the authority of a
Case lately decided on the construlion of the 41st
of His present Majesty ; for that the Debt for
which the Defendant was arrested, was contraded
in France, and no consideration whatever was given
for it in England, although a Bond was given here;
the objed of the Statute being to proted persons
' from Arrest in England for Debts arising from
Contrads made in France, while the Parties were
resident there. Here there was a Security given
for the Debt in London, but the Consideration for
it arose in France, • •--
Rule to shew Cause 'granted.
..;

SPURRIER r✓. ELOBRTON.

A motion was made for a Rule to thew Cause
why there should not be a new trial on payment
of costs, on the ground that the Defendant WaS
surprized in :he cause having come on before his
I_,lrd,hip at Guiidhali, on a morning when it stood
rzB off in the Paper. The Defendant had an affi-
davit of merits. Rule to shew Cause granted.

Two men, at Birmingham, were last week con.
vidcki of drunkcaocss, alkl fined each.

P AL
coct<T,..

FIZF4it7 '.1i,.. ,',.l,:::;:,.."titir Z;;Atitiii;...

iiNSON S

Tit was an anion of trespass fir rnaking rtrt
diNtralot on the gc.,-,!.; and chattels of ihe
Plaintifi-:. The c,ltt.,e was tried on iriday the 39th
of Ot`.tober, and fa .9.. s were as follow

Mt. Johnson; the Plaintiff', fitted up a Phantas-
magoria, and z-;-I,:ing for a proper place to exhibit ie
in just }refuse the last Gencril Ekffion, found cue
Mr. Simms, whn keeps the (.4lobe Tavern in St. Sa.,
Church Yard ; he took his Club Room; fni•
one guinea and a half a week. There was a table
and chairs in the rooms when the letting tcv,l7.
place. After remaining there for fifteen weeks,
Mr. Simms finding that the Plaintiff' was about v.._
moving his sprite sptc7res and hobgoblins, venturci
to disrrain all the tangible articles. Johinon
sidtred himself injured, and brought this Attion
for an illegal distraint.

On ths—starernent of the faai to the Jury, and
by the evidence of Mr. Macarrhy, as to their being
furniture in the rooms where the hiring and letting
took place, a conditional verdid for 601. was enter_
ed for the Plaintiff; subject to a special case, to be
stated and argued icy the-Counsel.

The case came on this day to be argued, and it
was on the simple abstral question, " Whether a
distress fcr rent cook!, by the Law of this Coun-
try, as it now stands, be taken for furnished iodg-
ing-3_?"

Mr.
FFNIL, for the Plaintiff, and Mr. AGAIti
for the Defendant, argued the case in a very able
manner.

The Learnd Judge (Serieant MARSHALL) entcred
with great ability into a review of the case, which he
considered of great importance, particularly to the
persons within the jurisdi6tion of the Court. Ir was
a case entirely new. He wished it had been argued in
one of the Superior Courts rather than in the Palace
Court ; for 11‘; certainly would much ,ra 'her have ar-
gued it than be called on to decide it. As it had
fallen to his lot to give judgment on the qnestion,
he must a:A .ts :he law stood. His Opinion was,
“-Thitt a distress for rent for furnished lodgings
will not lie, and that. therefore the verdict must
stand"

It was then determined that the boxes of
Ghosts and Spectres taken under a distraint should
,be rcturned, and a v:.,rdia entered for a shilling, to
cover the•costs of the proceeding.