The Sun.
London, England, 1803-03-04 00:00:00

CORN gxcriAlvc, -mmtcit

THltitt are but few arrivals of *heat ;
a thin Market, and the prices appear at something
less ; Barley is still very cheap, as well as Malt ; we
see no alteration in. Pease; Beans of both sorts are
rs. lower ; 'we have a great twiny Oats, but they
are not cheaper ; Flour at small variation.

Wheat 4ss a sos a sils ad 'Mk Beans -23 s a 325 0:1
Fine ditto - s9s a 6a5 od Oats - - 155 a 17$ a 2oS
Barley - 213 a 265 of Poland ditto aIS a 221 ad
Malt - - gos a aiss oil Rape Seed - - ;al . a. 331.
Rye - -32 s a 35s ad Fine ',tout -44 s a 47* ed
White Pease 335,a 395 od Seeonddo - 4n5 a 445
Beans - 3is a 315' 6d

The cold at Genoa has been.unus-ually intense.

The Thermometer, on the 7th of February, stood at
nearly four degrees below the freezing point ; the ri-
ver had begun to freeze near the banks, and .a very
heavy fall of snow took place. The novelty of this
scene drew all the inhabitants of the city to =item-

plate the phenomenon. It furnished the entire plea-
sures of the day ; the theatres were shut, and the
balls were suspended. Nobody could forego the
pleasure of trampling the snow ; even the most de-
licate Ladies, for the rarity' of*the thing, impressed
upon it their footsteps, amidst the buffetings of a
very cold wind. Some young Engravers seized this
opportunity of exercising their talents, and exhibit-
ing their works in public. A Venus was seen emerg.
ing froM a sea of snow ; and a Bacchus was eleVated
on his tun. The Learned also repaired to the scene,
with microscopes in their hands, to examine the
snow, and the starry particles of which it was corn.
posed. The English and Dutch sailors who hap.
pened to be there, immediately construeled some
sledges, and exhibited to the wondering Genoese,
a spetlacle of which they had not before the re-
motest* idea.

A body of Gentlemen at Norwich have it in con.
temptation to erea machinery for spinning cotton
twist and weft ; a measure which is likely to prove
highly beneficial to the Inhabitants in general, as
well as the individuals who may undertake it. •
A letter from Copenhagen, dated the i 201 Feb.
mentions, that there was then in the hospital of that
city, a woman who had slept eleven 'weeks without
interruption. Some attempts have been. made to
awake her from this trance, by violently shaking
her.; while the motion lasts, it seems to revive her ;
but, as soon asoit is discontinued, she immediately re.
lapses into a profound and death-like sleep. During
this period, she has ntit received any foOd, notwith-
standing which there is not the least alteration in
her appearance. She is only twenty-eight years of
age, but :remarkably corpulent.
. Mr. Alderman COMBE a few days ago met with
a very disagreeable accident. Having gone into a
dog.sl,op near the end of Piccadilly, a dog laid hold
of his calf, and before he could be disengaged tore his
leg in a very severe manner.
An inquest sar, on Monday evening, before
GEL Ls FAq. Coroner of the City of Westminster,
at a public-house, in YV:ardour4trcet, on 'the body
John Mackintosh, the apprentice to a ,pawn:broker
in Prince's-street, Compton-street. It appeared
in evidence, that the deceased had been eighteen
months bound to the above,bosinesi ; and on Fri-.

day, about two o'clock, he went •up stairs .to
the ware room ; that he had previously loaded a'
pistol, -which he tuck up stairs, and shortly after
'discharged the consents into hia 'forehead, which, •
passing quite through the head,,came out at the oc-
riput. As no report was heard, he .remained un-
discovered until the remit) of his Mastcr,, who was
then out upon business. No answer being giveo on
ringing the bell, the Master and one'of ,lns.Cictks
went up into the mom,' where they found the on.
fortunate youth quite dead. Near the body was
found a paper,. in the hand-writing of the degeased,
by which it appeared, that. love was the cause 'of
this sad catastrophe. `lt purported, that not having
it in his power to make the (skied of his affections ,‘
happy, he had. resolved to commit this rash action.
The Jury, on this'evidence, returned a verdict 'of
Lunacy.
On Wednesday morning, about three o'clock; a
fire broke out in the house of Messrs. BRANDER
and Do NB AR, London-street, Fenchurch-ltreet.—
The wind being high,' the conflagration, at one time,
wore a very serious asped. It was, however,
pily confined to the 'premises in which it broke
but, which are entirely consumed, and to the lodg-
ing immediately south of it, possessed by Messrs.
Ms wolot and MITCHELL, which has received con.:
siderable damage. The progress of the flames, be,
fore the attention of the watchman was attraded,'
rendered all hope of preserving the effects in the
house where it began, unavailing.. The Lady be-
longing to it had been delivered only a few days,,
and was in a weakly state, and it was with'diffi.'
culty she could be carried out by her husband, one
of the watchmen, at the same time, taking care 'of
her infant child. The aceident toltave hap.
pened through the carelessness of a servant.
Qo Wednesday night, about ten o'clock; a man
genteelly dressed, hired a hackney-coach at Charing.
croas, and ordered the coachman to drive to Sc..
John's Farm, near the one.mile-stone, on the EdAe.'
ware-road. When the coach got to the top of the
lane leading to St. John's Farm, the man pulled the
string, and told the Coachman to let him our, for he
had passed the' house he 'wanted; upon which the
Coachman let him out of the coach .; and the man
asked him what his fare was ? He said, "ea„.6d. -
when he pUt his hand into a-side-pockei, Oiled our
a pistol, and swore he wthdd umitediately shoot
him, if he 'did not deliver his money and watch,
which the Coachtinin delivered, and the robber made
his escape across some fields.
• Qn Monday night, about twelve. o'clock, as a
Gentleman was passing through Charles-street,
Soho-square, he .was accosted by a man 'whited like,
a sailor,, who inquired his .way to a street, and.
while the Gdntleman Was diretting him, be snatched
his 'watch out of his pocket and ran off with it : the
Gentleman pursued him, and, being very nimble,
came up with him, and would have secured him;
but a companion of the rubber came -behind
and knocked him Jaen, which cau-ed .his hat to
fall of, and the robberi got clear olf. with the hat
as well as..the watch. -

i Ail/ REPO MT:

COURT OF KING's BENCH,

SITTINGS BZIGItr. 1.016 ELLENOGROUGH AND A Sir

CIAL. JURYt iN GUILDHALL, 1.0441)00.
4IIELLUSSCibt Alll5 (iTHiIiS '6. otiki.zmO3.
Mit. G 11309 stated this to be an Aftiori upOri
Policy of Ingurance on the-Ship Malabir, And tnciL
on board her, on a voyage from the Isle of &pr.

bcfn and the Mauritius Co Toulon, her FT 4 of till-

charge in France. The property insured helfingea
to persons in France, to whom the Plaintiffs, Messr3.
Thellusson, were Agents before the War. The Po.

liey was effeeted so Tong ago as the year r figs, and
the lesson why this Attion was not tried sonnr
was, that the Defendants would not permit it, be.

cause they availed themselves of a plea that the pro.
',coy in question belonged to alien Enemies, and.

therefore this Adion could not be proceeded in un.
til the War was over. The amount of property,

in all, depending upon these Policies, was not Jess
than +o,oool. The whole of this case had tinder-
_

&tie a full examination of a Committee of Gentle-
men on behalf of the Underwriters, and the case

appeared so clear, that two Gentlemen of as much
respeciability as any in London, Mr. Shed:lon
Mr. Wood,' were so satisfied, that they p.iid tae

amount Of their sulwription. The same Case 'v,,as
tried bei.ore.a full Special Jury in Guildhall, audit

verdiet was found for the Plaintiffs ; and an aMica.

tion was made-to "the Court to sec anti aside,

and to grant a new. trial ;
.hut the Court had ao_
proved of the verdict. However, the Underwriter
who was not satisfied had, a right to appeal to an.
other Jury. The 'circunbtances.of the case were
shortly these September 1792 this Ship was
at the Mauritius anti the Isle of France, hound. t(i.
Toulon,• as he had stated. There was a cargo of
great value on board. The Captain, Who is dcad,
had a trifling adventure on board, but,he had no in.,
terest in the cargo. Before they left ;he Isle of
France, they. received information respeding, the
situation of Europe, by Means of a Ship that ars
rived there a little while 'before, by which they
learnt that the King of Prussia and the Emperor of
Germany had declared War against Franee. They
. .

_ .
had heard nothing of the situation of England prior
to their sailing. In, conseqbence of this informa:
tion, they armed themselves with a few guns, which
they called their artillery, and they increased their
crew. On their voyage towards the Capeohey met
With bad weather, and they were under the neces.
city of putting into St. Helena; this was about
three months after they came from the bled Frame.
When they left St. Helena, between that and the
Island of Madeira, they met an American vessel.—
This was in the course of February 1793 they
hailed and spoke to her, and through the Means of
a French Sailor, who could speak English, they.re:
ceived sonic further information. This American
vessel ,came froin Lisbon ;
.by this vessel they, learnt
that France was ,at War with the .E.a'averor of Gee.
many, the King of Prussia, .anal the Icing of Sardis,
nia, and that England was arming briskly, but that
Spain was 'quiet. This was spoken to them by
means of a trumpet,, and the two ships continued
togither.about two minutes. They made Cape St.
Vincent's in about twenty days. After this they
saw two Spanish Frigates, the one of them within
*gnu-shot ,of them ; one to windward and the other
'to leeward of them. These two vessels hoisted
their Colours, and fired a gun tit certify.who they
were ;- in consequence of which -the Malabar hoist-
. miller Colours, and also fired a gun to certify who .
-she was ; after which .the two Spanish Frigates
sailed away, by which. the Captain of the': Mala-
bar was well assured that there. were n hostilities
:between France and Spain, for, the• _Frigates, could
have taken the `Malabar with perfeel ease if they
• had been so minded she' could not possibly have
got cfr. After they had passed the Frigates they
met with four Merchantmen, They, were together
four hours 'afterwards, upon Which 'the Malabar
hoisted het .Coloors.' These' vessels came from the
Havannab, or Vera Cruz.- After this 114 -Captain •
=held a consultation with the rest of the'dflicers upon
. what they,ought to do., in consequence of the in...
formation 'they had received ; upon which it was
detefinined to 'go. into Cadiz, in order nis preserve
the general interest. This consultation was held
on the t eth of March 1.792,and they put- into-Cadiz
,-on the 17E14' Before they- came to this resolution,
they had no reason at ,all to suppose, or to suspea,
that Spain was at war with France. On the- con.-
•trary,- they were assured the two Nations'were at
peace..
,They
,therefore determined to go-into the
harbour of Cadiz. They had a pilot before they
went -into the harbour ; the pilot was a'Spaniatd,
but said,not a word,to them on the State of Spain, •.
and therefore, - to. the last moment, they thought
they were going' into, a friendly port,, when they
were going „into Cadiz.; they wished to do so, to
order to coiled further information respehing the r
English, and to avoid_ danger from them. Just as
the Ship entered the harbour of Cadiz, she was,
takers possession: of, the Crew detained, &c. and
the Ship and Cargo lost to, the Owners. And this
,Mtion was brought to recover thai loss.
-The facts were all proved as they were stated,.
Mr. EaSKINe, on the part or the Defendants,
protested against the idea of. the Jury being biassed
by. any thing that had happened in any other causes
and insisted that the Jury _should try this as if -no .
other like it had ever happened. maintained
that this Ship had gone, out of tier track without
justifiable encase, and that there. wits a deviiroint
here which excused the Underwriters. He admit-.
ted the Captain of this Ship (the Malabar) might he
deceived as to Spain being in' a state of tranquillity
:with France, since the evidence was so ; 'hut he
L. maintained that the'Ship had ratight to enter. 411 v.
Port in Seain, or any where else out of the trick
of her voyage, unless was Afjusrifubie cause.
'That they'had heard Great Britain was. armitql, Was
so far C.-pm being a cause for delay on, the voyage,
that it was a reason for their making the ltc.st of
their way to their Putt of destioatioo, which was
Toulon, instead' of putting into Ctliz. That •in
Order to excuse any Ship from iating frond het
h
course,'the danger which is intern .1. to De !d,
must be imminent, pending, 1-0. use
the wards
..of his Lar,i,hip m the former Trial -;
whereas, he .00risidered'atii.,at, a judgment flirined
by the Captain and his Officees, upon.grourde, that
Would not justify -,then ; it was a weak andlbol;sh

1

BRANDON CURLING.

" judgment, and such as rational men would not agree
to, and therefore not binding,. although it 'was ho
nest ; because,. in deviating from- ••the track pf a
voyage, the Conduftors of Vessels must not 'only
aa honestly :as to, intention,' but rationally also,
ntherwise,'upon the vague apprehension of weak'
men, any rumour might excuse them .for any deVia.
.lion, so that a voyage, howzter defined in the' Po..
licy of Assuranee might become a trading voyage
whithersoeveriancy or apprehension might lead 'the
Master of the Vessel. For these reasons, opon_
which he expatiated, at considerable length, he
'lncised the jtiry to.find a Special Verdi}, that al.
though the Master .atid Commander of the Vessel
acted with good intentions, yet that the, judgment
he formed was weak and unreasonable, &c. •
Lord atartuottoucit summed up the case very
ably, and left it to the Jury to shy, not only whe.,
titer the Captain had aced bone fide or not, for
that did not seetn to be.doubted ;, hut whether the
fears he entertained, and which made him put into
Cadiz, were rational or not, under all the circurn.
,stances ; for a determination to deyiate . from. the
course of a voyage, must be to avoid some danger ;
and the judgment formed of that danger, should not
be a. weak or irrational judgment, but such as might,
under all the circumstances, be rationally appre-
,bendett &c. Whether. it Was so, or not, the Jury
.would say by their verdift.
The Jury, withdrew for about a quartet of an hour,
andlirought in a verdidt for the Plaintiff's.

This was an Aftion on a Policy of Insurance upon
Loods on board an American Ship, on a voyage from
ondon to Bayonne.
The fads of this Case' are shortly these :--On
the 21st of January, 1793, the Policy was &cacti.
On the 4th of February the bill of lading was sign.
ed, and on the it th of February the Ship cleared
out at 'the Custom-house. The,Ship was American,
and going to France. On the math of February the
Ship went down.' to, Greesend, and on the z zth
sailed from thence.- Tht Ship was the property of
a, person of the name. of Brown, a domiciled Ame.
rican. , The`King's Prodamation to commence hos.
tilities'againSt France issued on the • flat of Fe.
bruary,' 1793, which appeared in the Gazette of
the rztlf.

Lord ELLENBOR`OUCTT SAI, it was clear to him
that this Proolamation watt binding upon every per.
800 in the Kingdom on the' dai, it issued, and that
this Vessel must be deemed to he trading with an'
Vnemy after this Proclamation, and consequently
that this Policy was at an end y nothing could he
recovered 49e a loss upon such a traffic,
ERsKitlE pies(l Very inth:ll to have the
Case reserved,
• Lord ELL,t Naortottatt sail he could. not reserve '
it on account of any difficulty he felt in it himelf ;
for after the Case 9f Bell and Potts, he took the
questipn to he at rest ; however, if the other side
consented, he should have no objetftion.
I\lr, Gnats said, the Underwriters would not
oppose this request, and therefore the Case was re.
served,

Verdict for the Phaiutiff, Subjeet to the opinion
of the Court, &e.

• BURKE V. ROGERS. •
This case was tondaled by Mr. Grit as and Mr.
SCAR L Rl' on the part of the Plaintiff, and by. Mr.
ERSKINZ foe the Defendant. '
It was an glion brought, on a Policy of Insurance.
from Lisbon' to - Falmouth, on the ship Celpey,
valued at t zool.; on a cargo of salt, 'valued at
,4.001. ; and also on freight, at 4001.
The 1,4 a tned Counsel said, Mr. Burke had brought
this atlion clot only to recover a just demand, but to
repel a most iajorious attack that had been made on
• his charader. It had been reported that he had pro..
cured those who were on board the ship to cast her
away onfurpose ; that they had rim her on the rocks
for the, express purpose of destroying the ship and
'. Cargo, that he might. come upon the Underwriters.
If any such attack was made, he: should not be sorry
that it would give him an opportunity of mitring it.
This ship sailed with her ?cargo, and when she got
over the Bar she met with exceeding had.creather,
and an heavy sea, was obliged to return, and vas cast
on a rock, 'where she remained for twenty minutes,
and received such considerable damage, that it was
found necessary to unload her cargo of salt ; and if
the ship had been repaired there, they .must have
warehoused the cargo, which would have cost more
than the value of the salt. It 'would have required
two months to haverepaired the {ship. In this sitna.
tion of things; the Plaintiff abandoned to the
derwritcrs, as his Lordship would inform them he
had a right to do, and went in this 'Minn for a
• total lost.
'The fails of this opening were proved, by se.
veral Witnesses. When they proved the Plain.
titre abandonment to the Underwriters, they also
teed tU' answer of Messrs. Crowther and Lavie,
ahe Solicitors for the Underwriters. It was to this
'Oka : " tharthe Underwriters did not see the pro.
priety of'tho Plaintiff's abandoning where so incom
siderahle a loss had been sustained ; that the Plain_
tiff should proceed to repair the ship.; and that the
Underwriters would ultimately pay any loss -a 'tie,
' mend that Cbuld be fairly brought ;against them." "
, Mr,Fasto N ft, for the Underwriters, yin the course
of his very eloquent speech, observed, this .was a
feint of infinite moment to the , Underwiiting
World. He submitted this.could never be a case of
abandonment, after Avint`f had already appeared in
the 'eause, The Ship might have been repaired
for between three and four hundred pounds, anti
there was only a !oss cif 3 per cent. on the cargo;
and if the Ship had been cepaired, and brought
hone, the' cargo and the freight would here been
saved so' his Clients ; and lf there had been a
small deficiency of fieight, Orr act:tint of part of,
the salt being dissolved, the Underwriters on the
freight,would have made up, that loss. ' As to the
report that was circulated avinst
,Mr. Burke's
.eharat!ter, he did not believe there Was the least
foundation for it ; and therefore he might make him.
self pettedly easy on- that head. The Plaintiff' in
sneh a case as this had no right to abandon. as for a

N1)ON: Prtnteil by 1
At the StlneOrFty

total lose, withcut the consent of the Underwrite
Withont that consent tbe assured' had no right to
abandon, when the adveutnre was not lost, when the
vessel had been but one day'out of port, when, in
the space of forty days she was capable of being re.
paired at a moderate expence, and could bq rendered
capable of performing.her voyage. •
Lord 'ELLEtiIIOttoUGH summed pp the evidence,
as it applied distindly
.to the ship, the cargo,
the freight, which, his torddlip obServed, might'
be considered as 'three distina Policies of insurance.
His Lordship, in delivering his opinion to the Jury.
evidently inclined to CotWder this as an average,.
and not as a total loss. However; he left the whole
case to the Jury. He. said they might find a total
loss as to one of these three things, arid an average
as to another.

The Jury found the loss to be an average loss
with regard to all the three points, the ship, the
cargo, and the freight ; and they said, that Mr.
Wood was as fit as any man in the kingdom to
ascertain the amount of that average; It was there.
fore referred to him.