The Sun.
London, England, 1805-12-26 00:00:00

FSES•V. RET).VITGIt.

This was an aaion to
.recover the sum of 1341..
1 (H. for a quantity. of .smelter (a. metal similar to
1! lir pc.,A ter) consigned by the Plaintiff. to thy
Defendant. • ,

T.
The: Defendant resided at St. Petersburgh, and
the Plaintiff consigned a quantity:of this sme!fer to
him to dispose of, tbr ready money only ; instead of
which h, sold it at twelve month's credit, and 're-
mitted a bill of one Aucres, who • afterwards turned
o= to be adiscarded Dutch Lieutenant.; and, since
the iii; bf the bill,.died in prison,, where be
had b,•,:”.icenfined for debt.. The transdalion 'took
plAce in the year 1797, m4l the Plaintiff had no op-
portunity of recovering the amount against the. De,
tendant, until a short time ago, when he.catne to
this city, and the Plaintiacdiscovering him, had him.
arresta

Mr. Set:rant TinsT, for the Defendant, contended,
that the Plaintiff, having retained the bill, instead
of returning it in duo form, to the Defendant, had
adopted that mode of payment; and could not now
recove,Lagainst his Client.
The Jury foi.wd a verdict of 1341. 105. for the
Plaintiff, the question of 'interest Wag deferied for
the, Learned Judge's future consideration.

TEMPLAR V,M`LOUGTILIN.

This was an 'action' upon an: Attorney's 13111 of
Costs, for 441.185, 9d. upon two ACtions—the one
against one Watkins-, -the other againA one Gard-
Der.. The amountof the former, 4hss. Was lodged
in Court.

The regular proofs bc:ing ruadev.on the part of the
` . •

Mr, Serieant Oil behalf of the 'Defendant,
resisted this demand, on the grounds of negligence
:by the Plaintiff, iti not imituttina.Counkl to- op-
pose the bail of Gardner, who thereby was ,
charged ; and the Defendant, in the present case,
.was deprived of the benefit of 11ii suit. Notice of
•bail had been served, anti two persons, of the names
, of'..fohn- Dale and' Bennet Bennet, bad justified,
without opposition, neither of Whom Were worth
&if:. shilling, and sdfiOtoriously known in the Court;
that Dale was entered:in, the black-boek of the
Court, th&eby rendered incapable of ever beconi=
ion bail in that:Coure. The one -was a. peony.bai
bet'', and the other kept an,,oldiron sin; and, as
pap.of the witnessefobserved, had not five ffhilling-s
• worth of goods Ids. Shop., much less to, the value
, Gardner, upon this bail, was eniarged,
rod immediately absconded ; and the bail them-
selves being so insplvent,: it waknot.pOssible to re-
,
cover against them.
In, answer to this, it Was contenfied, that the Plain
'ti'tf had saved his Client so mash money by not 'Op+
)054.1, those. bail, .40, at:alr.e.vontsi.Avotild then
tire' sworn tin ough every thing, and. WOUlit itiWo
jl'qicied notWithst•tuding all. opposition, Vrom leis
otters it appeared he had all alnrirconsulted his
Client,on ,and it,wp ininnitted,:that
if he. were cirargiable with . neitrigence, tin: De-
feni.kint should proceed in the rebuke way, bye bring,
aiaion for ,t,innages,
‘ ;
The Cn JUSTICk thOUght, thilt flithOtigh
•,
eharye.of gross negligence was a ,very, good ground
vf'def=ce to sornc cases, yet Le. did IVA la." 1 that
was thakfiegligence ,in the Plaintiff, in:° this
case sufficient to raise that questioP,
The Jory; therefore, found, as Verdi& of ,u)1, 13 s.
for the. Plaintit ,z• • ,
Cage; terminated a
very ,Sittings at
.Goilaktali. • . , .
.• •

.IP4R ON 7fIcoNTL\ENT., ,

EXTRACT OF A LI:TTErt ynom

Letter has. beet) commUnicatrd to.
Its• -it'traces the operation of the Grand -Army -with
so much jostneSs and: precision, that we ?dniire them
still nhore for-their :combinatiOns .than their results.
We are not allowed to make known the author;
but4,those-Iyho,o..y.quld di-o:ine will look for him
among the best Officers; it is zi lesion. on the art,,
and, at the same jime,,a rc(:ital of its prodigiPs-:
I.- received your Letter in the Midst ofcampS,
have not' been, able to reply; -I arrived ,td-day at
Vienna; and by -first • care is. -to: give you, according
to your-desire, an abridgment of the campaign-,'
• ". The war -being declared, and the Austrians hay.:
in g a corps 'of 25,000 men-in the Tyrol,independ-
ently of the Army of Italy-; one in Suabia, round
Ulm, of 60,000 men ; and a third of 20,000 in Ba-
vatia,-all on axe right-of the pantibe.; our
,plan ,was
to f.dl, into the 'midst of them; and to separate, in
order to tight, them, :in-. detail. Irt every
,system of
we;', whose 'basis is infontry, we sholail stet. on the
centre.. equal force, the Army Which:is be-
tween two fires has. the advantage ; it will beat the
two armies, by which it is Surrounded, the one after
the other, if it, has a..good General.: ; where the ca—•
yalry makes the basis of the force of an army, .we•
must then aa on the wings, 'and nevelt allow our.,
selves to be turned. The. Orientals know this better
than we do, •L'! ' '

. .
A hundred an&sixty thousand .Frenchmenpasg-
ed the. Rhine Nei the. Ist to the sth of Vendenaiare, •
:all taking the ratite of ~Wirtemberg, and follewing.,
the course of-the... Dam-thee en, a:siegle line, so Ili to
form itself in order of battle behinctei'iat river, to. the
right.: This immense line entflanked the Enemy,
and gaveus the facieiv, b.'', being able to pass the
,Danube at any point, .of falling on their centr'e and
:dividing their artnyein two, One partoiwhich would
necessarily be cut of. This plan Was so much the
better., that it was to be appreheitded. the enemy
.wouldrefuse battle; alwayS rearing tweaids Vienna,
in order .to join the. Russians, it war necessary to
force them to fight before theirlunetion.
." The plan of the .A.,:htr„,ll: to „retard our
march, iii
sordeteto give time to the. Russiatis to ar- •
rive; they thought that having an army ire, the rlfy-
role elle at Ulm,, and one on the Inn
,ceeerine
-Austria, we should not dare t 9 hazard a march 0:1
Vient)a by thelett of, tile Dannbe; leaving, all the
force of the enemy 'unkroleen on the ri l,r, and he
ing the 'Miss.-I'3li 'armies, ewhieh-we'reun ,all march,
to fear on Our left., :eel not having NO much to trust
to the;' Neutrality of Prusiia. • •
"Icon iperte paSsect the Übe eit Tegolstadt,
putting hitieself berween t,c tneiians'and the Ger,.
mans, left Berhadotte upon the Ise!, with 69,000
men,-including. 20;600 BaVariins; to -observe: the
• RuSsian and Austrian corps 2ofiKiemneyere which
covered Austria, whilst by, a rapid counterhiarcb he.
fell hach upon U/myveitletio,ooo men.; overthrow-
in; on his way the advaneediaost. of the ,enemytt
Werthig-en, and. causing Marshal.llley to repass the
banphe, With. 30,900 mon,. the bEidge of C?'-,.1--
Bourg,. Which was carried by assault, to invest the'
camp of Ulm on, the left, of the Danube; whilst
he brought the corps of Lannes and Marmout: -be-
fore tile gates-of the town, on the right hulk 'cif the
rivet, and there. blockaded the whole army; order-
ed Sault at the same time te march with eO,OOO -on
Constance, to observe the movements: of the enemy
on the side of:the TyNl. . Our ermy was then sun,
rounded on every side ; but being;beaten on one
point, it might always retire upon its centre; where-
as the first m m ires•res of the enemy equld.not be
but 'divergent and isolated,-.advars.ing iS in retreat*
.
Notwithstanding ItJack had 14. the camp of Ulm
an army of 65,000 men, I cannot conceive svhy he
did not parch at the beginning against Bernadotte.
at Ing,olsta.dt,, whohad passed .the.Danuhe eight days
before the rest of the army.
The hE,t,is, that the enemy, thrown into con-
sternation I.ly our manoeuvre, and losing time in 'de-
liberating while they ought to have acted, thought
in fine of detaching,ls,ooo men from the. Army of
Ulm to reintbree the Troops of :the-Tyrol, destined
to facilitate the arrival Of Prince Charles, who
was coming from Italy with twenty-five thousand
men, to . jein. the Grand,Ariny ,of Geroemy; these
fifteen thousand men fell in with f le Army of Sault,
at Menuningenj and were cut to pieces. The Arch-
duke Ferdinand, fright(!tied at his position in Ultri,
committed a great ;error; he. left it with 25M0 men,
trying to gain the great road to Bohemia, by Stut-
garde 1 say a great error, because, .011' that eidee
our Army did not blockade very-closely the camp of
Ultrn, .Bonaparte detached Marshal -Lannes and
Prince ,itelnrat after him, with 12,000. chosen in-
'-fantry„ and 6000 cavalry. The Archduke was fiver=
taken .atJ is,cordlingen;-•he only thought .oi, saving
himself. A part of his Army followed IMO.; the
other was surrounded and taken without a- battle.
" Islack, the sixty-five thou maid tne4 which lie
had at Olin being reduced to thirty thousands might
reeve made a sortie, and cat his way thiough sword •t
in..hantle seeing that : the bridge of Blehingeti, by
which . our Army tommunicated from thte right
to the left Bank of the Danube, having-been car-
ried, our Army, divided in two, didelot .present On
the right Of the river more thaneweney-two thou-
• sand
,ineri includilig,four thousand lkitarians.
capitulated ignominiously, after -having. lost the
'advanced pest of his camp, which ‘1,7-as carried with
the bayonet by the Einpvror in person ir and atter
viog suffered a cannonade of three hours, lie left
us twenty-eight, thousand lirisoners, thirty-sic oe-
lotirseatid fifty cannon e he had the humiliation to
file at the head of his ,Arinyleefbre.eursie order of
zind to order his soldiers to ground their arms
at feet (y 1 the Conqueror 'Which is celled, I
know riot Why, &ging put witA th,! honour s' ff u
. the aft of passing- 'sub fitgo vyn.ii not, certainly, '
degincling. ' '

" The plan of the enemy, bad as it was, might_
have, stopped us 30111 C, time, valour being, equal ;
but- th(•:re ii longer. appeared in their Annies
,the talents of the Generals, and the couriige of
the soldiers of \ V.ahtein, 0 iuu, and Eugene. .
in the, first place. Mack-, should have taken
for the basis of his operations never to hare .al-
lowed hiumelf to be separated trout. the Russians ;
he ought to have rctzegidcct tow:irds them, aild.tt)
have preserved his Army retaeding oust