The Sun.
London, England, 1803-05-09 00:00:00

THE KING v. BARKER.

The Defendant was convided by a Justice of the
Peaces as driver of the Northamptnh stagecoach, of
carrying more than six outside passengers. The
conviction was brought upliy tert.iorari, and
Mr. RAINE now contended that it ought to be
quashed. The principal objeetion he took was, that
the Defendant was not described with sufficient par.
ticularity as the deinme.
Mr. Justice LAWRENCE asked him if he argued
that he whb drove the coach was not the driver ?

Mr. RAI N a said, that for any thing that appeared
1n the convidion, Mr. Barker might be one of those
young men of fashion who put themselves under the
tuition of stage-coachmen to lean the noble art and
mystery of driving four in hand.

Lord ELLIENBORQUGH observed, that he had no
difficulty in declaring,, that in his opinion, if any.
young man of fashion were to have .ifelegated to
him, not only the reins but thewhole management
of the coach, and were to take on' more than-the
allowed number on the box and the outside, that he
would be responsible under the MI, and might be
sentenced to the punishment which the At imposes—
Fine and.lmprisonment in the House of Corration.
( A laud laugh.) •
Mr. l' I was placed on the box along
with my friend Mt. Rainc, to drive this point ; but,
as I find the Court rather restive, I think it better
to dismount where we now are.—Judgment Affirmed.
Mr. RAINS expressed a hope that this case would.
produc% a very salutary area at the Wesi, End of
the Town.

COURT OF KING's BENCH, MA 6, 1303.

The KING, in the Prosecution of OSIIORNE v.
GOUGH, Esq.—A Rule. was obtained in last Mi.
chaelmas 'term, calling upon the. Defendant, Mr.
GOUGH, a,Magistrats of the County of Stafford, to
stew cause why an Information should not he filed
against him for certain ads of oppression alledged
in the Affidavits, upon which We Motion was
grounded ; and a very flagrantcase was stated,
to induce the Court to grant the Rule. Mr, GooGH
this day, gave' in 114 answer to the Application,
which was supported by .the Affidavits nia Clergy.
man who was present upon the 9ccasion, referred

"rintad ti A Ist AN 1144 MIL LAN, (of ilow.street. Coveilt.Garciti); am
N.OFf IC Et No. 1 tz, Strand ; where Adwriiienietor, Order, 1

to, and various tither l'erson; when the Court'
discharged the Rule obtains d against Mr. GoUGH,
with Costs to be paid-by the Prosecut9r.

COURT OF EXCHEQUER, MitT S.

aRCEIDEACoII 71. BOWES.

In this case, the Plaintiff', a Clergyman, com-
plained that the Delendant, who i a Farmer, had
not tendered his Tythes according to .tite.cusiom of
:the Parish. It was contended, that certain sheaves
of barley tiould have been shocked, and one Out of
ten of such shocks ought. to have been delivered to
the
,Plaintiff; instead of which, every tenth sheaf
had been presented, +Contrary to. the established cus-*
torn and tbe interest of the Clergyman, who consi.:
dered himself entitled to receive tythe of this de-
scription in the shock. •It was not denied that the
Defendant had paid his Tythes, but that they were
not given in a proper manner.

On the part of the Defendant it was contended,
that the barley could not have been shocked with.
out doing it a'material injury, by preventing the air
from coming to it, and that the ty the had been fairly
and honestly paid.. The arguments arising from
this case occupied a considerable portion of the day.
The Court, however,• were of opinion, that the
Plaintiff had no reasonable grounds for compliant,
as he had received his Tythes according to the
Statute of the Common Law, the Defendant had not
refused to pay the same, nor had it been Foved that
he had attempted to behave unfair.
The Court could not see what injury had induced
the Plaintiff to bring the present bill, therefore de-
cided that the latter possessed no legal right to
demand any further payment of Tythes than that
which had.been made by. the Defendant.

SPORTING INTELLIGENCE.

CHESTER RACES.—MoNDAY, MAY 2.
A Maiden Plite, of

,
. ,
Mr. Harris's b. c. by Hammer, 4yr old - t t
Capt. Pigot's b. g. by Wallflower, 6yr old - - 2 2
Mr. I. Clifton's b. c. Alligator, by Buzzard, 4yr old 3 3

. • A Sweepstakes of ts.Gulneas each, p. p.. -
Mr. J.( C. Legh's b. h. Cheshire Cheese, 5 yr old.
Mr. Lloyd's ch. c. by john Bull, 4 yr old
Mr. Jodrell's b. g. Superviior, 6yr old ' - 3
Sir W. W, W)tur'S b. b. by. Glaucus, 3 yr old -
Mr. Vernon's c. by King Fergus,. but Sir W. W. ‘VYnn's
c. by Glaucus, Bst. each, once round thecOurse, ogs. p.p.
Sir 'W.V. Wynn's Mountaineer beat Mr. L. Brooke's c.
by Beningbrougb, Sst. each, twice round the cyurse, r.ogs.
T t./ ES DA Y.— Fifty • Pounds.
Sir T. Cascoyne's ch. 1. Buzzard,' 4 yr old • t
Earl Grnsvenor's ch. c. Northampton, 4yr old . - 2 2
Mr. Graham's b. c. by Bei)ingbrough, 4yr old - 4 3
Mc. Harris's b. g. by Hammer, 3 yr old - 3
Capt. Pigot's ch. g. Hugo, by Gabriel, 4yr old - dr
The Earl of Chester's Plate, ,10.0 Guineas.
Mr. C. Cholmondeley's b. b. Clitishire Cheese, syr old' r
Mr. Graham's b. c. by Bersinghrough, 4yr old -
Mr. Harris's b. c. I i.,rnmer, 4 yr'old - - 3
Sir W,'W. Wynn's c. Mountaineer, -4 yr old 4

A 'three-year Ohl Sweepstakes of :to Guineas each, p.p.
Mr. GlOver's b: c. cockspinner, by Moorcock :- - I
Earl Crosverior's b. c. by folio Bull - _ - z
Mr. Storey's b. 1. Deceitful - ... - 5.,_
Mr. Massey's br. c. by Soldier - . - 4
Sir W. W. Wynn's br. 1. by John Bull •, - - 5

Baron Dr CARNEA STEFFANIiO, late Commissary
Plenipotentiary in Provinces of. Istria,,Dalina.
tia, and Albania, has submitted to the judgment of
the Imperial and Royal Academy of the Fine Arts
at Vienna, seveyal pieces of painting and statuary
obtained during his mission., Among them are the
following : - .
4. A To'ro, pf Parini marble, found in the mines
of Salona, in Dalmatia,- three Italian miles N. W.
from SpalattO. It is 7f feet, Vienna measure, in
heighti and represents a Hero naked, in an upright
position, and standing agaitmt a tree, on thich hangs
his chlamys.
2. A Minerva, of Corinthian brass, found on the
Coast of D.abnatii,
.near ?Ca.Ostrogh, ten Italian
miles N. W. of Naranta. Its 'height is 7 feet of
Vienna.

3. A Madonna, with a sleeping infant. This
pitture, which was found at Pirano, in Istria, is by
ALUISE VIVARINO, a Venetian of the Isle of
Murano.

4.. A Naval Athon, an nii.painting, found at
Pining, of an extraordinary size, being .1t feet long
and 22 broad. It is one of TINTOREV3 master.;
pieces. 'lt was executed by
_command of. the Senate
of Venice, and by them presented to the City of
Pirano. It represents the noted fabulous Adion,
between the German and Venetian Fleets near Cape
Sybeene, and in the.vicinity of Piratic), the period
of which is fixed to the. year 1177.1
S. The Butt of Santorius-Sa. atorluo, marble paint.
ed in oil, found at Capo d'lstrie. It is s foot 6
inches long, by foot 4. inches broad.

At. Pontrt:fa6l Sessions 'came on to he heard, an
Appeal made by _Thomas .14aight; 'William Cow_
gill, Joseph Shaw, John Calton, Joseph Trotter,
James Hurst, and
.Thomas Marshall, ail 'of Hud-
dersfield, or the neighbourhood 'thereof, journey.
men croppers, against the conviaion of Joseph
Radcliffe, Esq. (a m3st aaive and worthy Ma.
zistrate)• for' haying beaten and attempted to
force some of the workmen to leave the employ of
Messri..Atkinson, of Bradley Mill, because they-
used what is termed a Gig. Mill, which they have
worked upwards of sixty years.—The respeetable
Bench of Justices confirmed the conviction,
,and all
the above Appellaots were committed to the House
of Correaion for two months, there to be kept to
hard labour.

By the if6th Clause in the Militia Aft, it is
,ehatted; that imp, when the Militia is drawn out
and embodied, not appearing, shall 'be deemed de..
setters, and persons harbouring theta, knowing them
to be such, stizo7rftehitCu9sle.Also , any person not joinshalltell
ing his byßegimentt when ordered to be embodied, or
deserting or absenting himself from his duty, may;
by a General Court Martial, be adjudged 'to further
,set:viee in the Militia, or to service in His Ma.

d Published by Wt LLIAM AkMIGER Sc'ittrrs, (of South Moli
for the Pater, Letters for the Editor, &e. (test paid),

.
o:her force= w:ll.‘iout limitation as to tile pe.
tiAt or place of service.
By the 69th Cf.iwie in the ;Mutiny M, persons
buying, receiving, or detdining from. any SOldicr,
iIIU ClinhtS, 'accoutrements, or any neceloittio
generally decmcA regimental,- are subject to the lie.
rl.llty of Five l'unnds has trequeollY "-
coned, that men have d:spoied'of such necessaties,
anathen lodged :in information agiinst the receiver.