The Sun.
London, England, 1805-06-11 00:00:00

Aas of Parliament (2. 'Geo: tn. I. 35'.
Geo.III.), had granted exemptions from the impress
to persons employed in. the Whale Fishery. The
_Plaintiff was returning from a 'Ong vo'age in the
immeasurable waters of efte- Pacific, When an Officer
of Impress boarded-his • Ship (the,Greenwich) ,
hurried hitt, and two Of his, companions, on board
the .Egyptienne, commanded by this Defendant. It
was 'ln vain that they, sheaved their ,protedions to
the Defendant; he said, Le wanted me-n, and. ;nen he
walati have. The two Messthates Of the Plaintifl'find-
ing impossible to escape, tousea strange perver-
'sion of language,': entered as volunteers ; but the.
Plaintiff Persisted in asserting his rights. Soon.afier,
w4ziciS 'a-Bailiff.came on board the •Egyptienne„ for a
htwitz ,fide de', and arrested the Plaintiff; on which
the Lieutenant Who was then on board. in
.corrunand
Was constrainedto resign him that he might answer
the claiinS of the law. When the Defendant Was
tnade acquainted with thiSCircurnstance.he'hastened
to the spunging-houSe, discharged the debt and costs,
and the man was again bro*;lit on board the vessel
under an escort of marines. On hiS arrival on deck
he Was instantly plat in irons, in. which state he con-
tinued. for three dayS.; at the end of that term he
waS fastened to the capstan, arid received three dozen
lashes with Ott cat, Under the orders and in the pre-
sense of the Ddendant ; who, not'' contented With
this seVerity, 'Sent the unfortunate person on board'
the Fairy sloop, commanded by -Lord Wm. Titiroy,:
destined to. the West:lndies. Here the Learned
Counsel ad serious reason to Complain, for the ot-
jed seemed to be to prevent the. Plaibtiff: frornob-
taining redress froM the humane institutions of ,
lit la~v ; but whatever was the design, the,efeel Was,'
that in the dangerous Climate to which 'he was ex-.
posed, he sufiered two. attacks of the yellow fever;
•and it.seented to be only by the nairaculons interpo-
' sition of 'Providence that he ',as no-,v able to de
nand justice from the hinds of a British Jury.
Mr. Matthew Miller, from the Custom-house,
exhibited the muster-roll of the. Ship Greenwich, by
which it appeared that the Defendant was a har-
pooner on board thatyeSSel.
Mr. Charles Sayers,' a Clerk i f the Adiniraity, '
produced the book of entry, by Which the exeinp-
tion of the Plaintiff was certified.
' William Toone, a seaman, messmate of the Plain-
tiff, ':- gave •evidence to his being confined for three
days by a long bolt, with shackles, on thedeck:! The
witness added, they beat the division (abtembled the
crew), after whiCh he was tied up, -and received
three dozen lashes at' the copqatv
James Warren, who assisted in the con-
. firmed these particulars.
Lord William Fitzfoy (from the Bench)---" pry ,
Lord, I am called upon to give evidence, but before
I do so, I think it right to Mention, tbat I have
come from Plymouth at a Considerable. charge, and
my expenc:eS have not been tendered me ; my Ship
is ready to :sail,- and nay depart befoiel return."
Lord ELLESZOROIJOII—r7" The Court will enforce
what is right in this.respeEf.",. .
• LOrd William Fitzroy then deposed to the Plain-
tiff having been sent on board his Ship, hot .by the
Defendant, but under an order from. Admiral Mon?
tague, dated from the Admiralty. The Plaintiff be-
haved well; and befpre •• his Lordship's return from
the West Indies, the man was-promoted antt
moved to the Hercule, the Flag7ship under Admiral
Sir John DuckwOrth.. • ,
Mr. ERSIMiE said, the subje& of the complaint
arose at the beginning of thepresent'War, when thp
security of the State in a great degree ,depended on
'the a(Stivity and spirit of our Naval Officers. In this
situation, all protections were withdrawn not au-
thorised by the ,Statutes :. the, Defendant,- Very
Young man, did not make -the distinction between
proteiaiowof °dice, and under the Statutes; ,and in
his zeal for the service :committed this offence ; he
having then stepped beyond the prescribed by
law, could have 40 priidiali)ll wh:never over the
Plaintiff, and the impress, as well as the punish:-
mein, beeame illegal. The Jury would 'determine
oit 5.411., dinriages as would meet the case under
thAsevccultar circuntittnces.
31L.L.WNBOR.00 G - having summed up. the
evidence, the kury withdrew, and le4s ,thap"an
hour"- returned' with a Verde •for the Plaintiff—,
painages 3001. .

BARCLAY, TRITTON, AND CO. V. JOIN- WILCOX

AND SONS.

The PlaintitEs are Bankers in London, the Defend-
ants are in:thesarne business at FAeter. anion
was for the V4lue of a Bill of Exchange of 2001. dated
the 3d of. September,' 1603', and, indorsed by the
Defendants:

The SOLICITOR-GENTRAL said, this•blil came
textnedialely into the hands of tne. rlainntrs, they
having received it from the house of Sir John J)untze,
Saunders, and Co. with whom they were Bonne led.

It was reftised payment on the Satorday in London,
and, in consequence of the enstom,of the Plaintiffs
to write only three times a-week, it was not returned
to Exeter until the. Tuesday following, so that, by.
the law of bills of exchange, thePlaintiifs, as holders,
could have 'no claim oh the Defendants as indorsers,
if the latter had not waived their right on account of
the laches.
Evidence was then producedt
oof the:tltis WpaeifNerenrd;'arNi vtlsiibcyli
was again resisted on the part
GiiitßOW j whop ott the testiitiony- of Edvvard
Wilcox, one of the sons of one of the Defendants,
endeavoured to shew there was no 'such waiver: The
Learned Counsel also argued on the improbability,
that an eminent Banking House at Exeter should
be so ignorant of their rights, and so negligent of
theii7 interests, as the reasoning on the- part of the
Plaintiff necessarily supposed. •
Lord Et titOisoirovou said, the whole depended,
upon the qtitition, whether the Defendants had
waived their right in consequence of the omission of
,tho Plaintiffs immediately to communicate the non-

paynieot of the Bill), and, his 'Lordship added, that
if would be seen, he hoped, by the daily proceedings
iu our Courts,, that this pradice of Bankers; of pe-
riodical communication with their correspondents,
,irithout regard to the time when the dishonour of
their Bills accrued, was clestruaive to their intemAs.
Verdict for the Plaintis6,, 2001,

COURT OF COMMON rtE.As, GUILDHALL.

SITITINGS APTZR T41t14.

SAMSON V: HAVEN.

The Plaintiff, who is a Lieutenant on hoard S:.r
John Ordes Flag-ship; brought this adion against the

Proprietor of the PortsnionthlYfa7l Coach, to Tee6vt
.damages for au ..expence whiCh put to, in
corisequence of being obliged to hire post-chaise at
Guildforsl, after he°had, been prevented'fiom ittr-
suing his 3Curney to' London in the Mail Coach,. by-
the negligenee of the kap-
peared that 'the Plaintiff tobk a place on the
'sidepf the Coach at Portsmouth for conveyancO' to
London in .NO et last ; and orgy. After they
set.out the passengers were'gteatly 21.,artni-d for their
safety by the unsteady manner in:which the driver
condutaed his horses. The Coach was frequently in
danger of being. upset, . and.. when. they got within
-halfa mile of (;;liidford the Coachmtin gave;up- the
box to the guard, and &dared' ,he was -.lnwlote, to
drive them further. On the stoppage of tit! Coach
at the top of Guildford Hill,-the,Plaintitfitnd the Pas-
sengers got out and walked to .Guildford, where they
took post,chaises and proceeded to Loti,b;). ' •
The Jury found a Verdi& for the. Plaintiff,--Da—
mars tgs.—Costs 40s.

- - •
Sir JAMES MANS'FIELD observed, it was no (315-
grace to bring an aEtion foi so small a sum, bcause
. it wat for, the benefit of the public such adionsshouM
be brought.

A labourer, taking down some old walls neat the..
Priory of,Knaresborough Some clays ago, diseuvered
a. quantity of silver coin, mno ly those of Edmiard I.
whose head is represented on each, crowned with an
open crown, and circumscribed Rnw. R. ANG: IN3.
-11Y11. Edward Ring of England and Lord of ire-
land. On the reverse was ,eircumScribed CIVITAS
CANTOII, denoting that it...was coined at Canterbury.
The Fairs in Cornwall have lately exhibited a more
than ordinary ntiruher of bullocks. This was:the
•cise last week at Bodmin,on,Mondav last atllelstort,
and on Wednesday at Truro ; at the lateeof which
places the number and quality et the oxen have been
‘seldorh equalled ; sales were very brisk : • and very-
few remained unseld. The show of horses, at klel-
:6ton Was pretty good ; but at Truro there wz..,re but
and those of inferior qualitx.
Stagsliawbanli numerously attended on
Saturdziy se'nnight., Good holies
,Wcre in demand,
and curisequently, hr,pight high prices. Cattle and
mil6ll cows also maintained their former price. There '
was an thundiint. supply,of swine, Which rakher de-
c'lined in value.

.
At Longtown annua Ifl orse -Fair, on Thursday
se'nuischt, there was :111 extraordinary line shov.- of
horFes, which fetched high prices in the beginning
of the day, but 'declined vi-y much towards the
aPie,
Newark Whits= Fair on Tuesday was well sup-
, plied; good horses and lean-cattle commannded high
prices, but fat beasts. went off veri heavily, on ::c1
,
count ot tne -scarcity of purchasers.
About a 'fortnight since' two, young squirrels. were
taken 'from their nest near Restormel Castle, and
conveyed: io Lostv'vithiel, 'wlaere they were placed
under the care of a cat, virhoSe- kittens had been pre-
y iously drowned: .the.cat with all the affe&ion iina7
trinable nourished them` 3$ she would have done her
own.young, and still continues to watch them With
the same parental fondness. -
`Thursday Lieut. CIiEDWTCK, of the, Shropshire
"Militia, undertoolc, for a wager of ten guineas, to
pick up too stories, each a yarn} asunder, and put
them into a basket, the distanc&being near six miles,
within an hour which he performed in 49 min.
57 seq. - -

On Wednesday seinnight aporler was killed at. the
,Old
Dock Liverpool by the 'filling of a cute of
earthenikare, which struck him so violently as nearly
to sever his head from his body. r - •
Saturday as two Gentlemen were riding in a cur-
rick, just at the-entraiice of Woodbridge the,horses
took fright, and ran furiomly through the thorough-
fare. Gentleman who leld the reins, being
alarmed, threw 111r111 dim n, and jumped out, leaving
the other without the pov..or of guiding the horses :
the curricle after passing, .several carriages came in \
eontaa with a cart, and by the ,suddenness- of the
shock the Gentleman was tiro Ali out, when one pf

.the. wheels went over him, but_ providentially he
did not receive any serions injury.
Last week .an Inciiiisition was taken before Envy.
INGE, Esq. upon View of the' bOdy'pf Win. Francis,
of Coventry, who cut his throat with a,katife on the...
;111(1 languished in great-as:4)lly
day selinight, he clied.• After a minute hi-
Vestig;ition in order, to ascertain the cause his com-
mitting so rash an a&, the Jury returned a verdia of
—Lnizt4, 7 , "' •
Wedne-day two privatessof the corps of Artillery
Drivers, stationed in Lewes, having guarrelled•oyer:
their 'beer, action:cued from the public house 'to a
neighbouring field, to fight it out, ,when after abZrat
three roundS; one Of them Was knocked down, and.
iniMediately expired.,
On Saturday morning Se'nnight, about three
the sentry belongin,/to the' Lancaster
lunteers discovered a *fire breaking.. out .in Scott's
warehouse, Preston.. The drains immediately btat
to arras, the Volunteers assembled with,the greatest
alacrity,'anct the fire wa§ fortunately got under he,
fore much damage was done. •
The farm-house oe'llOsvarick, in the parish of
Constenton, Cornwall, was last Wednesday bUrnt
to I.he ground, together with the principal part 4 the
furniture and a cpl4altity of cdra. '
About o'clock •• cal Tuesday right, as a Lady
m. :qaville7street, 1E411; was retiring to rest, and 'had
;just put'out her light, a half-brick was thrown in
her window,' which hitting- her over the, forehead,
struck her -doWn,' and injured *'her so much,that
Surgeon was obliged to be in sent for;:--:
The villain who was guilty of ll is. nefarious ,ataion,
could not be &C.-mere& - ;the Lady,• we are sorry to
find, is dangerously ill, •
Yesterday a 'workman. fell from a scaffold at
a house adjoining:Russel.;;sCivare, and pitched on his
stomach on the iron :He was carried to
, MiddleseX Hospital without hales of recovery.. •

PRICE 01'

STOOKS,
:RDAY.
I India Stock,
1 I ntlia BoinL, Is. a 25, dls. •
South Sea Stcek,
'Exc./iv:luta Bills, par, as. pr.
par • ,
Olimium.34l
I mperist 3 per Cent. 5/ i
Ditto Ann. 9 I. Itth 3- ottrs
Cons. tot Opening, 19 f i

Bank Stock,
Navy 5 per Cent.`shut
5 per Cent. 097,
1 rish 5 per Con. .
4 per. Cent. 756.
3 per Cent. ked. 33
3 per Cent. Cons . attnt
Bank Ann: 16 r - i6ths tr
I)itto Short Ann.