The Sun.
London, England, 1802-11-16 00:00:00

THE ARTS.

THt Monument dedicated to the Memory of
~-aptain RICHARD RUNDLE BURGES, who so no-
bly lost his life in the Service of his Country, was
Yesterday opened to public inspetlion in the Cathe-
dral of St. Paul.
This monument is honourable to the Govern.
ment "Y whom it was ordered, as well as to the
7",anr Officer, whose heroism it is intended to re-
By such a National Tribute to the Defen-
i-ltias°f our Country, the zeal of patriotism is incited
rewarded.
F.
' e Igure of Captain BURGES, covered in part,
Withr& h
p „ Roman vestment, but seen in all its manly
d, lons, is admirably formed, and placed in a
draaeristic attitude. He is receiving a Sword
t()ilt\i'ltroßy, who is supposed to be just alighting
pi" reward a favourite Hero. This figure is light,
—egant, and interesting. Around the Sarcophagus,
there
, are the symbols of CAPTIVITY and DEFEAT,
e former bending in submission, and the latter re-
d with shame. The Allegory is well-conceived,
Irld clearly expressed. The figures are grouped
trophies and decor, tions are appropriate, and finish-
ed in a very beautiful style.
Mr. BANKS was the Artist sele&ed by Govern-
Inent On this occasion, and.the choice is fully justi_
fie by the merits of tl)e Cot position.
The following
r_ °nutrient, is the' Inscription placed on ibis
which is entitled to a high rank among
he most distinguished ornaments of the British,
Capital :

Of SaCret to the Memory
RICHARD
RUNDLE BARGES, Esquire,
Commander of His Majesty's Ship the Ardent,
Who tell in the .43d year of his Age,
While bravely suppo:ting the Honour of the
Ina Brit isn Flag,
daring and successful attempt to break the Enemy's Line
Near Camperdowne, ,
iS SillOn the Eleventh of October, 1797.
coolness, and intrepidity, eminently contributed
to a Victory,
Equally advantageous and glorious to his Country,
That grateful Country,
By the unanimous Ad of her Legislature,
Enrolls his Name
High in the List of those Heroes,
1./ Who", under the Blessing of Providence,
aVe established and maintained her Naval Superiority,
And her exalted Rank among Nations.

4,N, Sunday night last, about twelve o'clock,- a,
VunK o
en wman of the town was taken up by a
aick
nari.in the Strand, who declared to the peo-
disn-no came about them, that "she was a drunken,
thelkri.Y, noisy hussi, and unless he took her to
all • IttLijouse, he should not have a nap of sleep'
l'e.srerday a Boxing Match took place between
Viririck O'Donnell, an Irishman-(who beat Particle.
clo-,s°l in September last) and one Sm;th, a Boot_•
wood'"t The parties proceeded about noon to Worm-
rhei Scrubs (the same spot where O'Donnell won
abort at battle), situated on the Paddington Canal,
where a mile on the other side Shepherd's Bush,
hold-re being attended by their Seconds and Bottle-
for:rs, the combatants took their ground. After.
ancltght rounds of hard fighting, during one hour,
/-1/41-2103veritY minutes, victory declared in favour of
nneit.
bi• The battle was for twentyguineas.'
irlib-e" on Saturday the z 3th inst. in the evening,
111 j 44st year of her age, Mrs. SAUMAREZ, wife
s•‘'sp brother
SAUMAREZ, of Newington Butts,
rll;;;.hurother of Admiral Si JAMES SAUMAREZ,
they,tet of the late Governor LE MESURIER, Of
41an„SI4nd of Alderney : a woman whose amiable
whilutts and cultivated understanding procured her,
her living, the resped, affection, and regard of
feft riends, and whose distinguished piety and per:
fordre,signation during a long and painful illness, at_
htltbtne only remaining consolation to an affikted
latioa'", and will shine as an example for the emu-
on of and
surviving children.
Saturda—,
y at his house in Bedford-square,
,the
deliver QiJAMRS LANGHANI, Esq. M. P. was safely
Kiered of a Son.
t.ezittnalton Fair commenced on Saturday, and
,0 ar
nvanalsoy r 3bew of cattle has not been exhibited t
ears. Horned cattle sold at low prices, and
Year
,t ; horses, considering the season of the
elle] t•ued good prices.
ford,ral tsford Fair, in Essex, on Saturday lasi, af-
-11414;411f aleant; supply of stock : the few lots of
Which Were eagerly bought up; but the Sheep!.
freely ,wer mostly of inferior kinds, did not sell
A d the Horse Fair-was the thinnest ever know
n•
of the University of Cambridge,
4 ilade
'll fro "nok for a wager of thirty gilineas
It;
mile, In thence to Newmarket, a distance of
with
,a foot, in t w
wo hours, hich he performed s 4 in an hour and 4.0 minutes,

LA;P' REPORT. •: •

COURT OF KING's BENCH, Nov. r;.
THI Grand juries .for the County of Middlesex
were sworn in, and Mr. Justice Gidst delivered
to them a very solemn arid able "charge, in the
course of which, he observed upon the vices
which were most prevalent at the present time,
particularly in and about the Metropolis ; and in_
stanced, among others, the profanation of the
Lord's Day, which it imported
.us all, and which
we were enjoined, to keep:holy. He observed also,
that the evils of Peace would be almost as great as
those of War, unless the Laws made for the observ-
ance of morality and religion, were enforced. He
took notice of the practice' of boxing, and said
that this species of exhibition in public, was high-
ly injurious to public morals ; ror, by it, multitudes
were called away from the exercise of that honest
industry and labour,,by which they gained a liveli-
hood for themselves and their families, and were im-
poverished, and perhaps led to the commission of
crimes. These things were /disgraceful to the civi-
lization and humanity of this Country, inasmuch
as some of those who took an active part in them,
thought there was no harm done, if they could by
superior dexterity and skill, put one of their fellow-
creatures to death.

There was another species of public exhibition,
which claimed the attention of the Jury, and that
was Balloons, which, for some months past, had been
extremely prevalent. What useful purpose these
exhibitions could answer, he was pertedly at a loss
to know; the general effed of them was highly in-
jurious to the honest and industrious tradesman, by
taking away his attention, as well as that of his
customer,. from their lawful pursuits, and by pro-
moting idleness and dissipation, destroying- the
fruits of one day's labour entirely, and frequently
encroaching upon the next, which was a great hin-
drance to the labour of thousands of almost all
classes, and particularly those who had no means of
subsistence but labour. These observations the
Learned Judge applied to Balloons in general ; with
respea to Fire Balloons, objelions were more spe-
cific, for it was impossible to know where they
might fall, so that the consternation and loss they
might cause was incalculable. The Learned Judge
said, he did not make these observations from any
idea that any cases of this kind would come before
them as Jurymen-, but from an idea, that some of
them were Magistrate's ; and he reminded them how
much it was in their power to discourage all such
dangerous exhibitions- as these, as well as of the
interest of the Community in checking them. He
observed, however, that amidst the dissipations of
this great Metropolis, he was happy to say there
was great virtue and great vigilance in different
Classes of Society, particularly in that Class which
he had now the honour to address, who must be
well persuaded, that whatever was contrary to Re..
ligion and Morality, was injurious to a State.—
The Learned Judge concluded with expressing his
persuasion that the Gentlemen he had now the ho-
nour of addressing would discharge their duty in a
manner that would do credit to themselves, and
b'enellt to the Public.

The Court then proceeded to take Bail, when
one hundred and two justifications took place ; and
then the cases of insolvent Debtors were disposed
of, which business was not over until half past one
o'clock.

The other business of the Court was uninterest-
ing, in detail.

COURT OF COMMON PLEAS..

WHITE agar/Ist
_POTTS.

This is a question materially conneEted with the
commercial interests of this Country, no less than,
Whether it shall be permitted to the Americans
to import goods from an. Enemy's Colony ?" which,
in the words of Lord ALVA‘NLEY," is a very seri_
ous question to this Country :" for which reason
we give an account of it more at length than we
should do in an ordinary case.
Mr. Serjeant BEST, on the part of the Defendant,
moved for a Rule to shew cause why the verdict in
this case should not be set aside, and, a new trio
granted.
The Cause was tried at Guildhall, before Lord
ALVANLEY at the Sittings after the last Term;
when the Jury found a .verdiet for the Plaintiff for
961. 9s, Bd. per cent, the. action being on a policy
Of insurance on ship, goods, and freight, and money
advanced, ;to be declared and valued, 'and no irre-
gularity of papers to prejudice the insurance. There
was a farther declaration, -from which it appeared?
that this insurance Was upon freight valued at 251.
per ton upon one-eighth of the Ship (Orion), valued
at i zool. upon adVances and disbursements for the
Ship, and upon W. P. White's interest in the cargo,
as might appear. Sugars valued- at 709. per cwt.
coffee -at r4.os. per cwt. prealium included. The
insurance was at—and from the loading Port in the
East Indies to Flaltiburgh or America.

The Learned Serjeant observed, that on the part
of the Defendant it was in evidence at the trial,
and he submitted to the Court there was abundant
evidence to prove this property, which on the face
of the policy was stated to be the property of:Mr.
White, was, in point of fatt,- the property of the
Dutch East India Company ; and that, therefore,
was one ground on which, he submitted, there
ought to be a new trial. The Plaintiff ought not
to have recovered, inasmuch as this was, most
clearly, the property of Alien Enemies, masked
under the name or an American subject, Mr.
White. This ship took in her loading at Batavia,
a Dutch Settlement in the East Indies, and it would
be very material to attend to how the policy was
effeded. Mr. White was stated to be the owner
of one-eighth of the ship. It appeared also in
evidence, that the other seven_eighths• were char-
tered to him at 3001. per moth :7.Mr. White
therefore said, as the whole of the ship was his,
he being the owner of one eighth, and the other
seven-eighths being chartered to him, he was en-
titled to recover freight for that ship, and to in.
sure for that freight. He would, unquestionably,
he entitled to do that. But their Lordships would
find, that the idea of bringing forward the ,whole
as freight was an after-thought, when he could not
make out his original intention, that he was the
owner of the cargo. If he were the owner of the

whole carg% and -such an owner of the Orion;
I there could not well ..be any-insurance bt freight.
He could. not pay.freight to himself. There was evi-
dence in this cause, from which,. the Learned Ser-
Jeant said, he thought it was impossile for any
man to doubt it was originally intended that this
shoUld be exhibited as an insurance on the cargo,
and Mr. White was to be represented to the Court
as the actual owner. But from the evidence it was
impOssible not to see he was not the real owner,
but • that the property of these goods was in the
Dutch East India Company. The evidence was,
that she was to sail for Europe, and was to be
loaded at Batavia. Now, by whom was she to be
loaded ? It was represented now by somebody
else, and Mr. White was to have freight. It was
enough to entitle the Party to a new trial, that it
never was proved to whom these g4Oods belonged,
and from whom was Mr. White to receive freight ?
But there was a letter from the Dutch Government
in Holland to their Agents in Batavia, which, in
his apprehension, fully disclosed the nature of this
transaction. The Learned Serjeant read that letter,
and argued from it, that the whole was a cover to
enable the Dutch to bring home to Europe the pro-
duce of their possessions in India.
He next called the attention of the Con. rt to a
passage in the French Sentence of Condemnation,
which also cast much light on the nature of this
transaction. This ship was condemned in the Isle
of France. From that Sentence it appeared, that
this Gentleman, Mr. White, who came forward
now in a British Court of Justice, and said he was
entitled to recover freight on this American ship,
previously asserted in the Isle of France, that she
was the property of the Dutch East India Com-
pany.—And on what authority ? On the authority
of a letter from the Governor of Batavia to the
Governor of the Isle of France. The date of that
letter was in October re 9S. The Learned See-
jeant:said, that the use he meant to make of that
letter, and also of the other which he had stated to
the Court, was, to shew there was sufficient evi.,
dence from which the Jury ought to have found this
to be the property of the Dutch East India Com-
pany. It was impossible for any man alive to give
credit to the first letter. It was imposnible that
any man should be so blind as not to see that letter
was written purely with a view to mask- this pro-
perty,• to enable the Compact) to bring the produce
of their India posscsions to Europe-. Considering
the immense superiority of the British -Navy, that
was the only way in which it could be brought,
namely, under. the idea of its being sold to an
American subject. This man was to go to India,
and was just to beconsidered as a native of Holland,
and was to pay the same dues as if he had belonged
to the Dutch East India Company.—Another
thing was certainly clear : At this time it was
pretended at least, that the cargo was the pro-
perty of Mr. White ; and if the cargo was his
property, why was not the Insurance on the
cargo ? Why, because if the Insurance had been on
the cargo, he must have proved his property in
that cargo, which he could not do, and therefore he
put the Insurance on the freight, without proving
that which was absolutely necessary to be proved,
that there was property in this vessel belonging to
somebody,out of which this freight could have arisen.
He submitted there was no evidence to enable thelury
to come to the Verdict they had given—they ought
to have proved a quantity of property on board,
out of which, freight to the amount of 96;. 9s. Sd.
per cent. could have accrued. Now there was,
certainly, no evidence from which the jury could
come. to any such conclusion. There was first, the
evidence of John Irvin, a Black, who said he knew
White, and that he purchased a cargo for the
Orion to a considerable amount. According -to
the evidence of this Witness therefore, he purchased
the cargo on his own account, and therefore he
could not charge freight, to himself.
There was the evidence of another person, that •
some sugar and coffee were loaded at; Batavia, and
that some nankeens were also put on board. If
this evidence had not been so contradictory as it
Was, it would not have been sufficient to warrant
the Jury in their Verdict. The freight was va-
lued at zSI. per ton. The Plaintiff ought to have
proved that there were-so'many tons on board, out
of which this freight could arise. It was a very
unusual thing for a man to insure his own freight.
Mr. Justice CHAMBRE. "He is protecting
himself against a loss."
Mr. Justice HRATH. " He was not fully co-
vered otherwise."

Mr. Serjeant BEST said, he did 'not mean to
'contend that there were no cases where this might
be: done—but in a case of this sort, that was ex..
.tremely suspicious, he had a right tojavail himself
of every circumstance.—This, lie contended, was a
mere . juggle from beginning to, end, and White
gied in .no other charatier but to mask this pro-
perty of the Dutch East India Company.
Mr.' Justice HEATH. " It strikes me this was
a loilding by a neutral subjeft from the Port of
Batavia, which would not have been suffered by
the. Dutch Government in time of peace—we were
then at war with' them; and your Lordship, from
your knowledge of subjeds of this sort, is better
qualified than I am, to say how far such a trading
is legal."

Lord ALVANLEY. " The only question at the
trial was, Whether this was really and bona fide
the prdperty of this man, or only colourably so,
and was in fart the property
.of the Dutch East India
Company ?—:-The Americans have traded with the
Colonies of the Enemy during this war, that is,
directly from the Colonies of the Enemy to their
own Country.
" The first Proclamation prohibited all intercourse
with the French West India Islands. Neutrals
could not carry on, with a Belligerent Power, a trade,
they had not been in ,Alt&habit of carrying on in
time of peace. The first Proclamation was to take
all the ships that were found coming from the
French West India Islands, whether French:or Neu-
trals trading merely for the accommodation of tht.
French, and opening a door, which had been shut
until the war. • They were to take every ship
bound from any of the Enemy's Colonies to any
Port in Europe, but they weze to permit the
trade from the Enemy's Colonies to the Mother
Country. That was the Law as administered at
the Cock-pit. They have never condemned .the

Arti—ericans for bringing the produce of the Fieneh
American Colonies home to their own Country,
but they have not been suffered to bring it to
Europe.
" Then there came another Proclamation in con.,
sequence of the disturbed state of the Commerce of
the World; which was meant to relax the first
Proclamation ; and authorised Neutral Ships T. o
bring that produce to Europe in the Ships of the
country 'to which the Owner belonged. They
might then bring to Europe the produce of the-
French and Dutch West India Islands. This ship
was from Batavia, and the moment the War broke
out, the Dutch were desirous to get Neutral Ships
to bring back the produce of their India Posses-
sions sometimes, and sometimes they sold it, and,
the Question here is, Whether this was a real of
colourable sale ?"

Mr. Serjeant thiST-4‘ May I ask your Lordship
if you recoiled the date of the last Proclamation ?"
Lord ALYANLEY—" It is about three or four
years ago. First of all the Americans might bring
the produce of the French West India Ishnds to
the Ports of their own country, and the last Pro.:
clamation relaxed this so far that they might bring
it to Europe. But still they, or other Neutrals
could not bring it to a Belligerent Courrry, but zt
must be carried to the country of the Owner."
Mr. Serjeant Bast observed that this Policy was
effeded in 1797, and therefore he rather thought
it was before the last Proclamation. The Policy
was,
,that he might either bring it to Europe or
carry it to America. He was in fad coming to
Europe. The Learned Serjeant contended further;
that this was an illegal voyage, and not permitted
by the Law of this Land.
Mr. Serjeant •SHEPHERD (*served, that this
ground was certainly not taken at the trial.

Lord ALVANLEY—" It is very supicimis. Where
did White live ?"

Mr. Serjeint BEST^" He lived in America, and
went over to Holland."

Mr. Justice CHAMBRE "Ishe in England.
now ?"

"_No, my Lord, I believe not."

Mr. Serjeant SHEPHERD—" I do not exaMy
know whether my Learned Brother makes this
Motion on the ground that the Verdia was con..
Crary to evidence, or cm this new ground ?"
Mr. Justice,HEATll---" Upon every ground."
• Lord At.vAxLEY—" He moves it'ou the ..;round
that the Verdi t wascontriry to evidener, :nd ;the,

on the new ground, Whether it was r).---initted to
the Americans to import goods from
Colony, which is a very serious question to this
Country."—Rule granted.

DUBLIN, Nov. 9.

COMMISSION OF OYLR AND TERMINER.

TB E. Commission ended on Saturday, when the
fol'owing persims reeeiv?ti sentence :
_L K hr. ix, for robbing the Mail, at Gallopping_
gr
.6,:0n the r4.th of August last, to be executed on
"VsT-does3ay the 17th inst. John Pidgeon, John
Mitchel, and Mich. Byrne, for various highway rob-
beries,-to tie executed on Saturday the 20 inst. on
t;,e Circular Road, near Summer-hill ; William
Hudson, for uttering forgeries on the Bank of Ire-
lend ; Si: vester rel, fir forger), ; and Daniel
Sweeny, for highway robbery, to be executed on
Situday the z7th instant ; .and James Griffin, for
burglary, to be executed on Saturday the r.it of
January next': in this case .the Court informed the
Prisoner; that it was intimated to them, by the
Magistrates, that an application to Government was
intended, to mitigate his sentence to transportation,
in consequence of useful discoveries he had made—
and they, therefore, gave him time in order that
his case might be fully considered ; Dominick Daly,
for having in his possession two copper-plates, for
forging on the Bank of Ireland ; William Brophy,
for stealing wine from the house of Mr. Davis,
where his wife had been a servant; and Patrick
Smith, for perjury, to be transported for life.
Thomas Edward Bellamy, found guilty of passing
to Mr. Sparrow, a Bill on Messrs. Cox and Green-
wood, of London, Army Agents, for 301. sterling,
with the names of these Gentlemen forged as Ac-
ceptors to it, was put to the Bar to receive Sen-
tence. He appeared strongly affeeted, and holding
up a written paper entreated - the Court would
permit- their Officer to read it aloud, as from the
agitated state of his feelings he was incapable of
addressing the Bench 'himself. The paper with
consent of the Court was read by the afting Clerk
of the Crown. Its contents were to the following
died :—" That the culprit had been justly found

guilty of a crime to which distresses in his family,
almost unexampled, had in a moment of despair,
compelled him to commit ; that he entered the ar.
rri- as a commissioned officer in the year 1794, in
which he remained in of ive service, principally in
this kingdom, until the heads of the late rebellion
were crushed ; that he became acquainted with his
present afilided wife in this country, and from a
mutual attachment which ensued, married her ;
that a growing family was the consequence, for
whose support he for a long time used every honest
and alive exertion in his power; finding the army
too expensive, he quitted his regiment to seek some
decent civil employment, the highest object of his
ambition ; for this purpose he procured letters of
recommendation to Lord Wentworth, and to Mr.
Hawkins Browne, in England, a distant relation of
his wife ; in several applications he made for em-
ployment, he uniformly failed, and from his re-
peated disappointments his family had been in.
volved in new scenes of calamity and distress; he
was at length obliged to accept of an Ensign's com-
mission in a Fencible Regiment, in which he re-
mained for some time struggling with fresh trials
of adversity, and increasing accumulated debts
Which the necessary support of his family induced,
when to avoid the horrors of a prison, which ,he
saw inevitable, he quitted the army again, and was
thrown on the world withnuc a 'Angle guinea, or a
single- friend ; the distresses of.his family were such,
that they were obliged to live for a considerable
time deprived of all sustenance, except what they
could derive from scanty and precarious meals of
bread and tea ; that the last time his wife was erm-
ined in child bed, a single shilling they did not
possess ; lodging in an obscure garret, she was deli-
'vered without surgical aid, and destitute of every
species of those conveniences almost indispensable
'with females in her condition, being herself with-
out clothes, and to procure a covering for her new..
born infant all their'resources were exhausted, and
in this situation, his wife and child must have ine-
vitably starved, were it not for the loan of ss. which
he walked from London to Blackheath to borrow ; he
4fiade a most solemn appeal to Heaven as to the truth
of every fr.trticular he stated, and that so far from
,wishing to exaggerate a single fad, he suppressed
many morc instances of calamity scarcely to be pa.
w hich delicacy forbid him to mention, how_
:ever excus able the. relation of them might be in his
,present situation ; -that after the disgrace brought
upon hirriself by this single transa'tion, life could
not be a. boon he should he anxious to solicit, but
'that natt are pleaded in his breast for a deserving wife
and help less children : it was not from a principle of
.ill. timed, pride, that he was obliged to declare she
was a ge ntlewornan reared in affluence, with refined
sentiments, and every •amiable propensity—she was
at presei lt so far advanced in her pregnancy, as to
expea t o be delivered in February next; he there-
fore, fu imbly supplicated the humane interposition
of the Court, at least, to have the execution of his
Sentenc e suspended until after that evenr, as other_
wise N. had just reason to apprehend, that the lives
of his• unhappy partner, from the stale of her spirits,
and or !born babe, would also become sacrifices for
his et lane.