The Sun.
London, England, 1802-02-20 00:00:00

P:4 CIS, r F.R. tt;

ALL that, the English Jourrials have saki relative
to the Preliminaries signed with the Porte, and of
it,s a6leal relations with Frante, is devoid of foun-
dation. The two nations were never animated with
so sincere a desire to cultitrate their-antient friend-
, ship, aii3 to re„eStablisli all the,, ties which they
maintained. for so long a period.—(oficial
nal.)
An American Brig arrived at Oporto from Balti-
more, reports,. that in three degrees of latitude, and
twenty-three of _longitude,. it perceived a Ship of
the Line, under French colours, in a state of great
distress, firing signal guns. He vainly attempted,
fdr several' hours, to join the ship,, the sea being too
high, „and the wind too boisterous. ,
I3ouRDEAux, FEB. i I.—The Civil and Mili-
tary Authorities met yesterday, at the Mayoralty
of the Centre, to hear the report of the Deputies,
whom the City of Bourdeaux had sent to Lyons.
Citizen PARTARRIEU LAFOSSE, one of the two
spoke, and gave the ,most satisfaEory account of
their mission. In the different interviews which
the Deputies had with the Chief Consul, nothing
escaped • him that might fix the best means of re,
storing to our City its intierit prosperity; he
questioned the Deputies on our local and commer-
cial resources} and ended by giving them the assur-
ance, that when St. Domingo should be, restored -to
France, a period which could not be, far distant, he
would, with pleasure, visit the City of .Bourdeaux,
which he did not know, but in which he had the
most lively interest. Maclaine - BONAPARTE par-
ticularly assured the Mayor of the Centre, at a
dinner to which the Chief Consul. had invited the
Deputies, that she would gladly accompany her
husband, and would hasten the period as much-as
she 'could. The Chief Consul was highly sensible
of the .step the City of Bourdeaux• had 'taken, and
gave-the Deputies the most flattering marks-of 'his
good will.
HAGUE, FEB.' 6.—The taking of Ternate; by the
EngliSh, is confirmed, bY•intelligence from Bata-
via. Private Letters 'announce, that after two
months obstinate-resistance, that bland was given
up by Treason - During the night, a Batavian
Officer opened one of the gaz.es of'the Fort, after
which the Fiscal'KuNr; and some Members of the
Police, possessed theinseiv"64- of the tit-a've. Com-
mandant and delivered the FOrtress to
the English. •
The Governinnnt has' ordered its Agents at the
Ports to erercise the greatest vigilanCe with respea,
to strangers arriving from England: they cannot.
remain in the country, nor 'traverse • it, if their
passports .are not strictly according to rule.

RATISBON, FEB. 4.—The Envoyof the Eleacf,r
of Cologne to the Diet has notified to his Col-
leagues, that the Chapter sitting at Arensprg,, had
communicated to the Archduke AriTriNy VICTOR,
the request which had been madeto him to renounce
his Episcopal rights on the Left Bank of the Rhine,
and that that Prince had replied, that not having
yet assumed the reins of Government, he could not
give his opinion upon the subjeft. That he never-
theless thought it right to advise the Chapter to
follow the advice of the Ele6tor of Adayence, and
consult the wishes of the Pope.

The Minister of the Eledqr of Trevei hasL an-
nounced to tide Diet, that his Master had fornia4
renounced all his Metropolitan rights on the Left
Bank of the Rhine.

FRANKFORT, FEB.. 7.7--Letters from Cassel sine;
that a dispute has taken place between Citiien
RIVAL§, the
,Minister lilenipotentiaiy of the French
Republic to the Landgrave of Hesse Cassel, and
the Envoy of a great •Power ; the dispute, it is said,
arose from the latter having claimed precedency be-
fore the French Envoy. It is said, that all the
Ambassadors and Envoys of the French Reptiblic, •
have received instritetions from the Minister for
Foreign. Affairs, _to claim the same rights ;ld pri-
vileges at Foreign CoUrts, as were enjoyed by the
French Ministers,
_under the Monarchy,.
We are assured that *in the Negotiations between
the Cabineti of the. ThUiDeries, Vienna 'and Ber.
rm, a question has arisen respeftin,g the fan-ions
chity Of Elsfletli, paid by, all the_ vessels that navi-
gate the Weier, and which occasioned great dis-
putes at the Congress: of Radstadt. It is said,
thaea, proposition has been made to indemnify the
Bishop of LuBECi, the proprietor of this, duty,
by converting this Protestant Bishopric into a Prin..
eipality,-fOr the house sof Holstein Odenbourg.
The suppresSion of thii duty will, be extremely ad-
vantageous to the city of Bremen.
4:. The English General CRA-
tkOCK, I,vho served doting the campaign in Egypt,
arrived here the day betore yesterday from.Naplea
and Route, with five Of his Officers: They will
return home through France.
MILAN, EEL 7.--Some • Membetis of the eci7
sulta at Lyons have artived here: Their return
has produced enthusiastie satisfaaion throughout
the whole Italian 'Republic: AtMilan, the City
was illurriinated for, three successive days. The
Cninthittee °lithe Government has published the
folloWing ProelaMation, which Wad' received with
'acclamations by the People. .
The Tteatrof Litneyille established the independence
of the rtarian Republic : at the moment when that- Treaty
was:signed, this Coubtry Was held by right' of-conquest, aud
was ruled by a Proyisory Government, entirely under the
dircelion of the General of the French Arniy.

" It was necessary to.prOceed to organize this Country ;
and this was the objc of the Consulta at Lyons. •

" Two kinds of otganiiation Were in our choice' the one
of that sort which this Country obtained. in 1796.—This
might haYe been imposed by force; buc would never havo
been. submitted to by.the indabitants.—ft would haVe
duced' disorder and civil dissentions. ft Would have rendered
die cisalpine the center of anarchy; and cohseilucntly a per-
petual objet* of terror to her neighbours'.
" The second organization nearly corresponded .to that
proposed by the inhabitants, with a strong and central Co-
Vernment.

Al r' the places have be.en easily filled up, forlew Coun-;
tries abound in Citizens to distinguished both by their in.:
formation and their probity.

.‘ But the fist tn
up.
place;
.owing to.circustances, was so
easily filled up. On this account, that line of condud seas
followed, which the interest of the Country diel'atedi and,
we rinly, say,.the interest, well understood', of her neighbours.

,‘ The Gurernmentis firedat Milan. The principal Laws
necessary to set.the Constitution in motion are framing : and
the country,' without efibrt, and in allhort will find
itself completely organized.

. •
ivtio iniagii-1:1 at org.:<rizet tgiss
one day, in one hour; simply by digesting a p`..iper; must:A-hid.
something extraordinary in acconiplishing such a Measure.
" ButSpcli as are conv4icod that a 'People Nally OiseSsei
no Constitution except-when it is effective; and that
all Nations, themornents of orgadqation are a terribjo crisis,
wil,l readily be carivii=ceil that the steps Which the Constilti
at I;your has taken.;- are,both wise and natural.; arid whit-
ever rn,:iy.be said to find more in its.codelusioni than is tezlllk
to be. found there; is but idle prating. -

" •Hut it niay be ;Said, that France conibines faits thirty
millions of inhabitants the accession o! Intluente,attached td
foui millions Which inhabit the Italian Itepunlic !! ! Ari
al:triti is ex..ired on this account—an outcry against the povvt.+
and amb;ticiii of France.,,: • • .

" Let us compare tgrifldence of France in different parts
of Eurdpe since the Treaty of Lunevillei with that which
she possessed in tic 8. In 1788 France posses,:d a consi-
derahile influence over the iclC, of S A.FtniN A, the kina
NTAPI,Ei, and the Repith/ic of Venice. Over the Repubii.;
of..Arenice; becatise she was, by her situation, the eneniy of
France; over the 'l(x sic. of N et, Es; on account or the- ka.
mily Compact; over the KING, of SAR ,-- zAtor he was
bound to France, by his inability to defenct Savoy and Nice,
by double Alliances, and still more, by the pretensions .01
4kustria to Montserrat. Thus Frarite posSettscd an influence
in the system of Europe over three great 6tatei, containing
tWelVe millions amen.

"-At the present period, Venice belongs to the EmpEßda.
with regard to Naples the Fainity Compatt, no iunger ex-:
ists. The Italian Republic iriuSt, -therefore, cOMpensate
bot of these losses. .
" Thiis Fratiee has made rid addition to her influent-0.--;
The cessiou'ill Venice has given the EMPEROR a marked
ascendant in the Adriatic, and over tt.iiy ; and if the Italian
Republic languished, in disorganliazon—if she did not be.;
come the sure and faithful Ally or France, the political state
of Europe would beat the disposal of Austria; the equili-
brium would tie lost, and the result Of -a War; during which
we have conquered in
.a hundred battles-,--during which we
have twice (band Peace under the walls of Vienna, would
be to place us in a situation• worse than before the Wai•:--;
France ought not to exercise an inordinate power over the
neighbouring Countries ; but she ought carefully to watch
over the equilibrium, the true guardian of Peace.
" In the system of Germany, 'Vaud, Turkey and Swe;
den united themselves with France. Poland is no more : it
has been eniplojed w.augment the power of our neighbours.'
Turkey, a. prey to civil ,war, is just able to. retain the con-
sistence necessary to centime to ekist ; she can no longer
have any Weight in the affair 3 of Germany.
" The acgui.sitions which Russia has madt in. Poland;
the degree of civi.lization and power to which that State teas
attained in modern times, and time Which Changes every
thing—all these circumstances have exc!ted the Descendantt.
of CHARLEI. XI I. to maintain the eouilibrium of the Baltic;
but have left them no real power in the atiairs of Germany.
• " The accession. which Frante has acquired in the four
Departments of the Rhine, does not compensate the acces-
sions Which her neightiours have acquired by-the partition of
Poland.: ThiS partttion has rendered France a double ioser
because she has not only seen a natural Ally, of considerable
population, annihilated in the balance of Europe; but even
gone to,enlarge those whom she shbuld have assisted to keep
within bounds. -

" In the equilibrium' of the affairs of Germany; Fran 4
haS rather lost than gained; and if sShe had
.been obliged t 6
acquiesce in the Partitions of PoJand witiniut obtaining as a
compensation-.neither Belgium; nor the ton Pepartthents of
the Rhine, she would have, eased to be; what she etas
ways been, a Powi:r of theifrst rad. •
. .
" We ivill not continue this parallel further; nor,derrion-
&trate how ditkrent the situation of France was in :788, and'
after the Pitluninaries of London:- 'ft.7i.rpoo SA I a," like Po--
:land; has disappearea froM the sySteM of India, and Lis
l'erritories have gone to inctease thelmnienseposSessions of
the English. • - •
" No Naticni ever shewed- Sbr Much moderation as Fiance,
All that .she conquered in -Mar, she has restored at Peace.
But it is proper she should restria herself to certain limits,
beyond which the Gbvernment must fall: into weakness.--
EquilibriuM in the atElirs of Germany, ectuitibriuni in the
attairi of I taly--stich is the systein of France: she does hot
desire to'give the Law, burshe does not cli(x)selci receive it.

• ~
. .
. .
4, On- considering. the political situation of Enrol:Pe. in
every point of view; .Ive sec that:France lias gained no ne‘V
accession Of intlitithc.t. she has
.only maintained herfotnief
rank." . .

VE,acr' ; JA4. 30.--Wc learn froni dove u, that
the new ConstitntiOn of that Island -has been orga-
nited, and received the arpiobation of the inverial
Courts. The principal articles are as follows

' The soVerei,-iity resideS in. an Arislocrgtic cowicil of 2.10.
Members, of whom, 40' are front the Towns acid
Villages; and rob froth the City.: of the hist, 40 . are taken
front the class of the Nobles, 4o front the Proprietors or
ArtiSts, fourteen froth the Merchants • and :;ix front the Ar-
tisans. The Mtmliers oftliat Council shall be eatled
and shall not capable pf being removed. any one
dies, the Council shall replace m frOut the saine class;
Ali the Aristi, convicted of any public crime, or of having
sold or bOught votes; shall fortit their seats. A Tribunal
of Cel7s4ire shall be appointed to overlook the conduCt of the
Aristi. The Ex-Venetiait and Nlonicipal Laws shall re-
n•kain, in force till-the new Code• be digested by the Council.
It shall riatite, .both it; OwtiLimiv.; ;hive -§eitatorii, Who shag.
concert- with those of the other such measures as relate
to the whole Republic:
" The Council shall ehOose the Members of the.Oovern,
menti. the Ml4ai;:stracies.,and Tribunals, who shall remain iri
their tunetions only one The Council shall only re-
solve by a plurality of voiCes. It shall set on foot a force
necessary for the SafetyOf the Isle. Religion, customs, and
property shall be religiously respected, except the Eccle.:
stastical VOssessions; whiCh shall be subjed to the exigen-
cias of the public - interest: The Aristocratic Council may
modify the Constitution, add to; or take away from some,
articles; but it has no right to Change any of its principles,
of Which we have given an dxtraet."

VttftrA, FE B. 3.-2—The French Ambassador
has frequent conferences with our Minister of

State.

A Camp of 39,000 men will,- in the ensuing
Spring, be formed in the neighbourhood of Pr•esburg,:
The necessaries of life and the• articles of luXury
are vary deaN

, •
Tat THEATRE.-:—The Tragedy of T 7 r=recian
pdughtei7; the work of d writer whoie dramatic ta-
lents We hope will again be employed for the grad.:
fiCation if the Public, was tepreSented at Drury.:
Line Theatte last bight. Mrs. SIDDONS exerted
all her powers tri tie charaer of Eitphraiia, and
rendered it highly interesting. It chatiaer
which affordi ample scope for the talents of this'
great ACtress. The eniatiohs of fflial affeetion; Of
scorn, indignation; and dread towards the Tyrant
Diousiasi and those of Conjugal affeCtion and pa.
triatic Were'_ admirably di versified and corn.
bined. The part of Diovitiii, in consequence of
the illness of BAViytstoßE, was performed by
CArtitrELD' with tolerable strecess. CAULFIELD'
did not want fire; brit he blazed rather too Arc'et:y.r
There was, indeed, a want of light and shadow in
his peiformatic'e, fatigued the ear by too unL
form a turbulence. Kt:4B L d being still indisposed;
WitoVoiutortZ. took the part of Eljaild r, which he
supported.wirb his usual good sense and feeling; but
with so pin a step and such active &lotion, that the
aged monarch Mai be supposed to have had an t.X.
cellent Constitution, in being able sci soon to re._
cover front' the cffeaS of igip.risexpient,and starvation,.
The Siege of #ilgietc 1,4,, it seems, is, preparing at
Covent-Garden Theatre. Surely it A.Vould, be more
politic to' bring fivgward COB g's new Opera, than
one he wrote so many years ago, except, indeed,' for
the sake of• the Music, which is much- superior to-
moat produaions of the kind that the Public have
beard since the death.of itsin4enioul Composer„

LAW REPORT.

COURT OF KING's LENCH, F. ig.

Si: INGs aLrZIrtE JUSTICE CRCSE, tN WESTNIIN.
[ER-i-inLt..

xHt KINO,v. NEALE AND OTHERS.
Ma..F.RsiciNE
,said, that this was an Indiament
for. a (.:cynspiracy,,and he mored that the Trial might
-be postponed until the Sitting, i:ftcr the next Term,
on an affi I.lv it of the Prosecutl, stating the absence
of a material witness of th,Vime of Brown, at
those former residesce inquiries had been made,
when the. information given was, that he was in
-.lewgate ; inquiry being' made there, information
was had that he had been removed to the Fleet, and
upt..,6 inquiry at, the -Fleet, he was gone. So that
the Prosecutor could not find him, nor could the
Prosecutor safely proceed to trial without his .testi-
mony. The Defendants all appeared by. separate
Counsel, and had. been instrufted each by a separate
Attorney, had each. of them brought down a
record for each Defendant.
Mr. Justice Gitos-E ordered the trial to sti.nd
over until the Sittings after the next Term, upon
payment of costs, which 'are the usb4 terms -in
cases of this nature. .

CHARACTER

sentation cohich the ntecendant made of the Charac-
ter of Stubbing, was a wilful misrepresentation, and
satisfy them that the Defendant ought to sustain
'the loss which the Plaintiff suffered by his means.
Stubbing having been at the house of the Plaintiff, and
having asked for credit to near Tool. and having re-
ferred to the Defendant for a CharaCter, the Plaintiff's
Clerk waited-on the Defendant to Make the necessa-
ry inquiry. The Defendant said that Stubbing had
dealt with him some time ; that was true, but not
all the truth. He said, that Stubbing was one of
his best customers, and bought of him somethings
which he could not have got off to others. That
might be true also, for he might have sold him
something which nobody else would buy. The De-
fendant then adiled this—" The only reason that
he comes to you to buy goods is,- because I am not
able to give him credit to the amount he wants."
Now what was the state of his accounts at this
time e? This man owed to the Defendant, at the
time he was thus speaking-of him, near 3001. What
should the Defendatat have honestly said when this
inquiry was made of him, in-order that the riain.
tiff might judge whethet be would trust him or
not ? Was it not his bounden duty to. have said,
g‘ He has dealt with Me he is one of my. best
customers, but he owes me between cool. and 3001.;
and it is for you to determine, whether you will
trust him or not." But no ; the Defendant went
on, saying.: " When I want money of Stubbing, I
usually draw bills upon hint, and the bills so drawn
are paid when due," That was not true, as would
appear in evidence. He -said, "he should be,sorty
to lose Stubbing 'as a , customer.". .Now, if it
should appear that Stubbing was insolvent, and
that Tebbse ,the Defendant, knew it,. he would ask
the Jury, Whether this was not a schertie on the
part of Stubbing to obtain credit, and whether the
Defendant, Tebbs, did not support him in that:
scheme ? or, in other. words, to make use of the
common expression, " to keep his head above water
until he had discharged hiS debt. to the Defendant,
Tebbs ?" But this was not all, for Mr. Tebbs had
given a similar character of this than to another
person, who had made a similar application tb a
CoUrt of Justice, but 'Mr. Tebbs had paid the
amount of that demand. The substance of the
case here was this :-e.-Stubbing wanted credit in
trade : he applied, to the Plaintiff to trust him, and
referred to the Defendant for a character. The
Plaintiff applied to the Defendant for that chara&er.
The Defendant gave an• account of that character ;
and the Plaintiff gave Stubbing credit on that ac-
count. That account was not true i that would be
sufficient to maintain this action ; but he .should go
further, nod chew that the Defendant had:a fratidu-
lent inducement_ to give that'cbaratlet of Stubbing,
and, therefore, the jory could have no hesitation
in giving a verdiCt for the sum Which the Plaintiff
had lost on this account.
James Caiely being sworn, said—The PlaiOtiff
and. Defendant are Leather-cutters. • am Clerk to
the Plaintiff. In April last, Daniel Stubbiog• cause
to maMaster's 5h0p...4 cannot speak to the day,
but it was early in April, because he: had the
on the 7th. When he Came there, no igoed; Vert
delivered to him. I, by iny Master's disetikose
went to the Defendant, Mn. Thomas Tehbs, -be-
tween the time of the application for• the goods
and the delivery of them. I inquired of Mr. "I ebbs
how long Stubbing had dealt with him. He in-
formed me, that he had dealt with him for a con-
siderable time, and said, " he should be very sorry
for losing his custom ; that he had been one of
his best customers, having purchased goods of him
which he could not otherwise have well disposed
of. That the only reason why he made applica_
tion elsewhere, was, that his-(Mr. Tebbs's) capital
was too liMited to give him credit to the amount
he wanted.—That, I believe, is the substance .of
what passed; He •did not tell me, at that time,
how much Stubbing was, indebted to him. I com-
municated this to my Master. On the of April
I saw Stubbing again. He came to my Master's
shop : a
_variety of articles were 1°01(0 out, to the
amount of, I believe, a few shillings more than
tool. They were articles of curried leather, and
also leather in the rough ;- articles in my Master's
way of business. A bill was given to the amount
of tool. for two months, for them.
[Here the Bill was given in and read. It is dated the Stla
of April, 1801, drawn by Mr. Taylor,' the Plaii,tilf in this
aclion;on-Danivl Stubbing. for toot. payable at two months,
and' accepted by Stubbing.]
The Witness-then proceeded—" The Bill was not
paid when it became due. It came back to us from
our Banker. I applied to Stubbing afterwards for
the balance, for 301. had been paid on'the Bill, and
indorsed on the back of it. This application was
Made on tile 19th of June, 18ot, but it was not
paid."
Daniel Stubbing being sworn said, -" I am a
Leather-seller by business, I have known Tebbs, for
about two years, I used to deal with him ; but
whin I first began to deal with him I cannot ex-
aetly say as the day Mr. Tebbs desired me to
go to Mr. Taylor ; I cannot exaCtiv say the amount
of my account at, thatetime with Mr. Tebbs ; but
it was abotit 2001. to the best of my knowledge.
The way. in which Mr. Tebbs came to desire me to
go to Mr. Taylor for goodS, was, as he told me, that
he had not goods quite sufficient to supply tne; and
therefore he wished •Me to go; to Mr. Taylor. I went
accordingly to Mr. Taylor; I was a stranger to
Taylor ; I had seen him once -before. When I ap-
plied to Mr. Taylor for goods on credit, he asked
me for a reference
.as to my charaCter for solvency.
I referred him to Mr. Tebbs. Mr. Tebbs had told tne
if I was asked my character,' to refer to him, and I
did so...se-After my interview with Mr. Taylor,. I
went_ to Mr. Tebbs to tell him of it. I told him I
.had called on Mr. Taylor., and that Mr. Taylor
would send his man down that afternoon to make
the inquiry ; Mr. Tebbs said very well, he would
be at home. I cannot say,-eXaelly, how soon after-
Wards it Was that I saw. Mr. :Taylor, buvit was in
the evening after his Man had been there ; I raise
Mr.• Tebbs afterwards; he told me that Mr.
Taylor's man had been there, and that he had given
me a character. He did not say; exaaiy what cha-
ratan- hebad given, but that the character_ to
have given satisfy ion, and that.l might go to ,Mr.
Taylor again : I went, and found no difficulty in

TATtoR TEBBS.
This was an action brought for damages, alledget
te,' have been sustained by the Plaintiff, by reason
of the Chara6lee given to him .by the Defendant,
of, and concerning a third person—From the im-
portance of this case to the Public in general, and
almost every rank in Society, and from the turn.
which this particular case took, 'as well as from
what has lately passed in the Court of King's Bench
on this sort of aaion, we shall enter more at large
into our Report of this. Trial than we should other-
wise have done, conceiving it to be interesting to
the whole Community, and that the subject itself
may, perhaps, lead the way to some Legislative
Regulation.
GARROW said, that this -was an action of
considerable. importance : it afFeaed the interests
of all persons engaged in Trade and Business, of
whatever kind : it affeaed also every one who
might apply for, or be applied to, in order to
obtain, or to give, a Character of another.
As far as it affeaed the- latter 'class of per-
sons, those who were to give a. charaeler, - he
apprehended there was not any difficulty; for they
had nothing,-more to -lo than either to speak the
truth or be silent. There had been several cases
of this kind, of late years, at Nisi Puns: A few
of them, and one lately, had been before tte whole
Court, and upon some Of the points there had been
a difference of opinion, but there was one point in
which there• was no, difference of opinion, nor ever
could be, while Judges and JtrrieS were what they
are, honest men. It was expeEted of a man, when
he was asked the charataer of another, in order that
a person might know whether he would deal with
him on credit, or not ; if he 'chose to answer,
that he should answer honestly .--,Tbat was a
propos'ition to which the Jary would assent im-
mediately.—He should make out to the satisfaCtion
of the Jury, that the Defendant, in this Case had not
so answered. He should prove that this Defendant,
when he gave the charaEter of a 'person of the
nacre of STUBBING, was perlealy well aware 'that
the account he gave of him was untrue. The
Jury, he had no doubt, had heard -of the cause of
HAYCRAFT against CREASY, which was upon the
charatier the. Defendant had given of a person, who
was well known, of the name of -Miss Robertson.
The Attorney General, in that case, had defended
his Client the Leather_seller, most ably, by slim-
ing that this young woman had deluded the poor
leather seller, or currier,. by allowing him to ride
with her in her carriage ; by her having a splendid'
equipage.; by her haying employed a person to make
oat a plan of her estate at Fascally ; and -by her
using such arts as imposed, not only on poor Creasy,
but also on all the 'neighbOurhood in which she
lived, except on Mr. Cater, who was her land-
lord : she had creditfrom: him for Soo!, but not un-
til he had had a deposit to the value of near i6OOl.
by way of security, otherwise not 16d. would she
have got credit for .from him ; but every one had
not the caution of Mr.. Cater. This poor currier
had been himself imposed. upon ; therefore, there
was a question, whether a person who -acted
kna fide, and gave a' false charafter by mistake,
ought to be answerable for the credit given • and he
knew that Juries Would have.a leaning in favour of
a man so .ading ; they would be reluctant in order-
ing such a person to pay ; and that was perfeCtly
natural. He was aware of that sort of disposition,
and, as an individual, he would- venture to say,
that, in his humble opinion, it would be an ins-
proven:eat in the law, to put the subjea of giving a
Charaaer upon the footing Plan engagement of one
man to pay the' debt of another, and regulated .as
case was, by the Statute of another,_
and which
expressly provides, that no man shall be bound, for
any undertaking to pay the debt of another, unless
that und,ertaking be in writiniY ; burl this was only
the suggestion of an individual,' of no authority.
In
the present case, there could be no difficulty'. The
circumstances of this case were these :
Mr, Stubbing came to the Plaintiff; who is a
leather curlier, and Seller.' He said, he wanted to
look out 'some.articles in the way of the Plaintiff's
business.. He asked the Plaintiff, " Will you
furnidi me with them on credit ?" The Plaintiff
said, " I know nothing of you." Stubbing
then referred the Plaintiff to the Defendant, who
was likewise a leather seller.
The Plaintiff went to the Defendant, and re-
ceived a chara6ter concerning Stubbing, which in-
duced the Plaintiff to, trust Stubbing. Mr. GAR.
RoW said, he would .here examine whether ail this
vat; false or not, and if false, whether the ntisre.
presentation was wiqUl or not. Although, he con-
tended, it was `tut necessary for him to go that
length, being enough for bins to shew that the
Chat-A:ter was false, and that the Plaintiff suffered
by that misrepresentation ; but he would prove,
to the satisfaction of the Jury, that the misrepre-

obtainin credit ; the goods wereethen looked out
to the amount of tool. and upwards. I was CK-
peCting property
,at that time from a relation, and
from the assistance of Mr. Tebbi, and his promises
to 'me, I thought .I should be able to go on in
business. Mr. Tebbs used to call on me, and he
used to rake of me what money I -had by me ; he
drew bills upon me for goods that he had furnished
sue with, and the bills were accepted by me and ne-
ptiated by hint : when these bills became due I was
not in ,a situation to take them up—There were
several bills of this soft." .
[Here sonic Bills of the kind spoken of were put in. They
were dated in November and December ilia', and in February
tor.]
The Witness 'then proceeded.—" I asked Mr.
Tebbs' assistance to take them up, as he promised
lie would at the time he drew them, for he did not
know whether I might- or not ; but if I was not
able, he said that he would assist me. I do not
know middy -the amount, but he did take them up.
I was then in business, but I had not a great deal
of money : I had `sonic, but very little money ; but
from what Mr. Tebbs promised, I thought I should
have been Able to go on. The Bill of Mr. Taylor
on me became due on the i ith of June, and I gave
Mr. Fiebbs a Warrant of Attorney on the ad. Mr.
Tebbs knew when Mr. Taylor's Bill became due.
'The first installment on the defeazance on the War-
rant of Attorney, was payable on the 9th-of June,
and a sum of. 401. was ,payable afterwards on the
9111 of every month. Mr. Tebbs came in with his
execution Op the first default of, payment, and
swept .every thing from me—that is, on the 16th
of July the execution Came in at the snit of Mr.
Tebbs, and 'then all was swept away. Ido not
know how.nnich the goods sold for, as I had no ac-
count of it"--:---a . '
[Here Mr. G..spotow propoSed to prove that Mr. Tebbs
made a similar representation et the cliarkler of Stubbing
to another person.] .. .
Mr: Gilt aS.—" 1 objeft to that, as it is not
evidence ; you May •as well, - in suing for the debt
of anOthere give evidence of an undertaking AO pay
the debt of a-third person, as give the evidence now
proposed ; besides this very' thing Was proposed,
and overruled by Mr. jll5tiCT LE., BLANc, at
Guildhall, in the Case of Eyre and Dunsford. It
is impossible fur us to knowThow to defend ourselves
if such evidence be admitted." ' - -
Mr. Justice GRosr., said, that this-which was now
proposed, was not admissible evidence.
The Witness then proceeded to give evidence on
hia"cross-oemination.—", Mr. Tebbs, after 'I had
been trusted by Mr. Taylor, contioued to give one
credit, fOr I continued to deal with hineafter.varde.
I owed Mr, Tebbs, at that. time -about .zool. but I
cannot say the amount madly, He gave me credit
for upwards. of a hundred more, after this of Mr.
Taylor's. I was at this time in very good busi-
ness; I. had but little capital, but my business
was thriving, and I thought I should haVe been
able to do very well : Mr. Tebbs promised to
assist me, and I thought my-basiness would have
answered very well., Ivir. Tebbs knew every con-
cern of mine-, as` well as invst;. I thought at that
time I should have been able to have carried on-my
bueine.ss, and have ptnd every b0dY....7.Mr. Telabs'
sometimes assisted me in raking exp'friftillso, lee
assisted me. mote tret'ei Fe-ifie: Vire Tebbs did not
say be was 44.neat.y on accour4t of my debt to him
increasinfl,, but he toldh.-;.'.would be favourable
to me. Mr.-Tebbs camp to.-ii.iiy, house early in
Jame, in time morning one day,. with Mr. Ross, an
Attorney,---1 had been talking to Mr. Tebbs about
this -debt before, but not in -the hearing of Mr.
Ross. Mr. 'Tebbs told me, that if I gave him the
Warrant of Attorney, he would never distress me,
• otecome upon me, for it. At this time I was appa-
rently in credit with the world : I had an expec-
tation of some money front a Relation, as I told
Mr. Tebbs. Mr: Tebbs told me, at that tivie,
that he was convinced, • that -I should-not be able to
go on, but he would as; me. I thought I shouldbe
able to go on,• becatise he would always assist me.
Mr. Tebbs did not particularly want a Warrant of
Attorney ; what he asked foe was .a Note. Mr.
Ross suggested the Warrant of Attorney. • The
Warrant of Attorney was prepared when I.went
down. I did not know when I went to Mr. 'ROss,
that I was going to sign a Warrant of Attorney.
The same day that I signed the Warrant of Actor,
ney, Mr. Tebbs asked me or a Note. Mr. Tebbs
knew the -14 Note at this, time was Of no' avail
without his assistance. I was Then doing a great
deal- of business ; but, without Mr. Tebbs's assist-
ance I could not keep my head, above water. If
Mr. Tebbs had kept his word, I believe that I
could have carried on my business, but without
that, it was impossible, and Mr. Tebbs knew my
concerns quite as well as I did. IVlr...Tebbs came
to me, 4.day or two before he entered up lodgment.
He came to me and desired me to borrow money at
daerent places."
Mr. justice GROSE.—Q. Did Mr. Tebbs, on
your applying to him for goods, refuse to let you.
have them, on account of his capital being limited ?
A. No : lie never .refused me credit.
Q. There was no time when you applied to him
for goods, that he refused tolet you have them ?
A. No : if he had them, he always let me have
them. .
An Officer who levied On the goods of Stubbing,
at the suit of Tebbs, -proved the debt was 2521.
1.7.5. The-goods produced toal. 195. Tlcll,
[Here, for want of room, we must describe the remainder,
and take the detail up at some future risy, when we shall laY
the whole of the case before our Readers.]
Mr. Giaas.addressed the jUry tor the Defendant,
and sttbmit red, he was entitled to a Verdift in this
case, but called no witnesses. .
Mr. Justice GROSE summed up to the 'jury, and
made manyeOmmeetts on the evidence,. and also de-
livered - inion on the nature of this aftion.
The li
4,1,44 4 ,
nd a verdia for the Defendant.
- Mr..bARROW desired the Learned Judge to take
a note. that he should move for a new trial. •

Yesterday, at the Police-Office, Whitechaoel, a
person of the name of White was fully committed
for trial, on a charge of waiting in the avenues of
public places of resort,, and cutting the pockets of
women, which dropping on the ground, are picked
up by the pri,;cipal or his confederates.

LON DON : Printed by IA: CHAN N LLAN, (orisow-trect; Lovem.-('4racn) -' and Published by W ILI. IAM SChsl'ls, cot. Horse-terry-,toad, Wtstin:hsiLr)
At the SuN.OFFIC u, No. tt z, Stiand ; where Ad,vertisemorts, • Ch:•4475 for the Puper, Latin for the Editor, 'Scc. (pit-paid), ciut I.)t

SITROPSI-11R-E. • ,-,,%'°l
TO BE SOLD 11v Itlicr-lON I lea ii-' il
At the Lion Inn, in Shrcwdbur '‘ on AlondaY tile,,;ll°°°' ~
February, 1802,. at Three o'clock in the A;"-f • P
Par'so
Lots, as specified in printed particulars ;- - the e
FTIHE GR'EAT L. ESTATE, In ~.-Doric' tv.
1., of CO; DO VE R, three miles from Sbrres,--;:ile ;.,./A:
the Turnpike Road from-Aimee to Bisliop9,—,;;s, :„:1 'A'
sisting of Tv; o • very desirable and compatf ra. 5, 'LAP-
small Tenement, containing upwards ot 305 Apocre 6fl' AI,
the respective holdings of Joseph Crane, ecter 6 4
John DaY::'s. . Also, • ccutl. ~.. ;1,,,,.
The PULVERA.TCH CAPITAL ME' fart 11.313:
ES" VAT ES, -consisting of several very desirabl,,t 0P:. a 1
Lands (chiefly in a Ring. Pence) containing togctii;;stor,l3ll),,'r
€f 1210 Acres ot improveable Arabic, IVicaclow ',...1j30'.:, iiive,
Woodlands, in the seyerit 'ovctipatiOns Vt . Ric/',43A-119 d'''iarl'it
Abraham Gittingsi Aaron Innos,. Richard Go°cTeicne,Lrf )00-
C lark, William- Mecllieot, 'Richard Fox, It)" ' .-101.'",t141ci?
Roberts,.. John Clark, Tic:hard Crane; Bei-040-0 iv O 0
Clark of WailevbOurnc, John Jaundrel, 11111° '.
5011.t,e
and Edward Vittid. • oiles ~p;1•4
Note—This Property' s situate seven to eiSbr,j .. rft!fi, 14:,,
of the Town of Shrewshure, throligh whct, ~:I're:ao,,Jls
Road passes train thence to Bishop's Castle. 3.,,,.1,Q'0nkfs
comprehends the principal part of :tic; Bishops,(, 0;1
ot Pulverbatch, and is very. improvcable by '''' ailletry.4.,
atts of good husbandry. . ~.. ng tlie,,pr 'tit
Particulars, with Alzps anne,:erl; spec."-Yi—:il I'7 'r...s,
.Lc.its., are now ready for delivery, and diay.be iVitoolt . 1
mg to Ailossrs.
„Pemberton and .CoApland, '
Shrewsbury.. - 20,76,,.
. iotl“ '''
sr.
Mr. Burd, of Weszhury - Mr. Bayley,
,i3` (-
the respective TeAlants, Will sileW the Lards