The Sun.
London, England, 1803-12-24 00:00:00

tOMMOIv COUNCIL ELECTIONS:

ttBTIRDAY the Polls finally closed for the fol.
lowing Wards, when the Aggregate Numbers
were—

VARRINGDON WITHOUT.
Messrs. Herring - 6eg 1 Messrs. Young - 4gt
Shears - s 9( Nichols . 48e
Hardin - • al, LlBnewer - 486
, . Wright - 582 W. 1. Reeve 472
trantcombe ssB ?Ir. Harper -OS
3ouror. . s4c, T. Reeve - 428
W. Brewer - sso Newman -
aithmln - 512 39
Robins - 3t*
Dawson - 49: Butltit . 142
The Two !ay.:mentioned Gentlemen, have, of
Course, lost their Eledion. . Mr. NRWMAN, we
tmtierstand, is the successful Candidate in the room
if Mr. P.darklS ; Mr. 13uasitt was the other new
Candidate.
On the conclUsion of the business, the usual mo.
than for the thanks of the Whrciniute to Mr. Alder.
man PR Ice, for his good conduCt. as Chief Magistrate
of the Ward, &c. was made ; and also to the dlifcrent
Volunteer Cotps, more especially the 3d and ,4th
Regiments of L yal London Volunteers, and carried
unanimonsly.—The motions wete made ,by Mr.
"'Balt 1 NO.

Messrs. ALDERSGATE%
("'ret#4 • 32Z Dilessrs. Dep. Rawlatt tor
It. King - 2t5 Fistier 15.7
47; Dep. Aldridge ;A) I Dunkin - 154
king - 2c,S Denziloe - 150
Turner - 203 Dare -
The two last mentioned Gentlemen have lost their
tlettion.'rhe successful Candidates in their room
ate lvlessrs. DUNKIN and TURNER.
Motions similar .to those' above alluded to were,
.on theclose of the besiness, made by Mr. Hoy Du AM,
and unanimously adopted.—The Thanks were voted
to Sir 3. W. ANDERSON, Bart. Alderman of the
wards who expressed his sense of the honour con.
felled upon him, in a short but pertinent speech.

The lIt; fe of Two litishands is increasing in pub.
no favour. Thar piece and Carlo gave a splendid
appearance to Drury LunC Theatto last night.
The Eng' lish Fleet was very" numerously attended
last night at Covent GardettlTheatre. Whatever
may be the merits of this piece inttinsieally consir
tiered, the Performers render it highly amusing.—
lianxisse last night gave a ftile lesson to the vocal
:.amateurs, and was admirably in voice. INcLTDON'S
manly strains were also very successful, and there
was a laudable emulation between Mtistoiiq and
tLANCHAkb to enliven the comic parts of. the
drama.

During the perfotmance of the new Opera last
night, at Covent-garden Theatre, an altercation
• took place between two Gentlemen in the box'ad.
joining the privato•boxes, on the left of tlie Stage.
After some worth were exchanged one of the
Gentlemen gave th other the lie, which insult
Was instantly resented in the most efreaual man.
net.. Some blows were given and returned,
and considerable confusion created by the /was.
Two or three Ladiea who happened to sit in the box,
creamed so violently, as to spread terror and alarm
through
the Audience
every part of the house,. The attention of
e Audience WHO for sonic time diverted from the
PCrfc'unance, and every eye diretted to the scene of
in the mean time one of the Gentlemen re.
°PLO from the bOx, and solicited his itlveronry,
who seemed equally -anxious, but was. prevent—
e° by the Ladies, to follow him. At length,
however, he cont‘ived to get out, and a ring being
formed, the eombat began. • it was not 'very ob.
stinately contested, for the Gentleman who had given
the Provocation proved<to be intoxicated, and un.
able to Ilia' , the fight. Some: Gentlemen on
this interfered,.and the atTray terminated in an ex.
change-of cards. Quiet was then completely re.
StOred, and the ireafortnance continued without fur.
ther iigerruption.
poring the residence of ELFI ,at Portsmouth,
a Guard of lionour was allowed him. .1-le.embark.
ed-on board the Argo on Wednesday night at eleven
o'clock it not being customary to fire Salutes in the
. night? that ceremony was deferred till Thursday
Morning, when a 'salute of seventeen tuns was fired..
his Excellencybas. been presented with a miniature
!riming of Ht.i MAntsTV," set in diamonds.—
'tong other articles o.f workmanship,.
has taken with him -a
Fire.engine.
Yesterday a young woman was knocked down in
the Strnntl,' by a gig being driven against her, and
fell nearly under the wheels of altacklity coach.—
ne was much hurt by the accident.

,ti4lll REPORT.

COURT OF KING's BENCH, /12. 23.
nr,ORE LORD T.LLZNISOROUCH AND A SPECIAL
jur.y, IN GUILDHALL, LONDON.

WOODCOCK 2'. DAVIS.

THIS was an Anion upon the sale of Stock, sold
upon the bubble of the sth of May last, on the oc-
casion of the Letter to the Lord Mayor. The
arbount of the Steck was 20001. ; it was sold to the
Defendant by the Plaintiff, anthransferred into the
Defendant's name, but which he afterwards refused
to accept, saying, he should abide by the decision
of the Stock Exchange.
It appeared .that the Defendant had. afterwards
transferred Stock to the same amount to the Plain.:
tiff, but the Witness who proved that, expressly
stated, that the Plaintiff did not take that as saris.
faEtion, but.only by way of security; and that the
Broker told the Defendant that the Plaintiff would
only accept it by way of security, and as such it was
accepted.
Mr. Gitattow contended, for the Defendant, that
this was not like any of the Cases on which Plain.
tiffs had obtained Verdias on Bargains made on the
sth of May last. They were all Cases in which
one insisted on the Contraa, and the other refused
to carry it into died ; but here an application was
made to the Defendant to accept the Stock; lie had
said, he would abide by the decision of the House;
that decision was well known, it was, that all Con.
traits made on that day. were void. The Plaintiff
then did not insist on. it. Stock was afterwards
transferred by the Defendant to the Plaintiff,'Which
he accepted. 'This ended the whole Case, and the
Broker must have made some mistake about the
Plaintiff having only taken it as a security, and
therefore he submitted thete ought to be a Verdid
fur the Defendant.

Lord ELLESNOROUCII told the jury, that the
only question was, whether the Plaintiff in this
case really did accept this transfero as a satisfaElion
or only as a security. if he accepted it as a satis-
faetion, the verdict ought to be for the Defendant ;
if he accepted it only as a security, the Plaintiff
was entitled to a vetdiCt.

Verdict for the Ylaintiff.—Damages 14051..
Upon application to Lord ELLENBOROUCII to
certify that this was a fit cause to be tried by a
Special Jury, his Lordship said he should Certify,
because the question was of some difficulty. He
should have had some difficulty in making up his
mind upon it if he had had to decide it ; but if he
had that difficulty imposed on him, he rather thought
he should have come to the same conclusion.

noi.mut v. SPICER.

This was an anion of the same kind, on a sale
of stock to the amount of pool. on the same day,,
but not upon the Statute ; it was on the Common
Law, to recover damages by reason of the Defend.
ant's not having fulfilled his contraCt by taking the
stock which was tendered to him.
Mr. ERA I NE stated, that the MI of Parliament.
which was passed in this case gave the person who
had been datnnified two modes of pursuing his
right, but it did not take away the remedy 'as it
stood on . the Common' Law, and this action was
brought on the Common- Lawr-inaependent of the
Mt" of Parliament. The Defendant in this case
stood upon another law, the law of allegiance to-
the Stock Exchange. He had said, that he should'
have no objeaion to fulfilling this contraet, if the
Stock Exchange had. declared he should nor, by
declaring all bargains made on the sth of May last
null and void ; so that this attlitio might be con.
sidercd in the nature of a- Writ of Error from the
Stock Exchange. lie did not say this sarcastically,
fur the Defendant was is member of a great body of
men, and he was much in the right to bow to its
tegulations, and therefore this action was brought
fo try whether the Stock Exchange was that sort
of department in the State which had a jurisdiction
to exempt its members from the consideration of
Courts of Justice.
It then appeared in evidence that a Broker re.
ceived from the Plaintiff on the sat of May last to.
sell, 30001, in the 3 per cent. Consols this was
after the Letter to the Lord Mayor had been pub,
but the Broker had no suspicion then that it
was an imposition. The Stock was bold to the De.
fendant—the Broker gave in the ticket in the usual
form to the Clerk, and while he was doing this, and
the Clerk was preparing the transfer, the discovery
was made that the Letter to the Lord Mayor was
an imposition, and the transfer was not made. The
Defendant said he would call the, next day. The
Defendant said afterwards to the Broker he hoped
he had not made the transfer complete. He said
No, his friend was gone and he would call again the
next day. The transfer was never completed, but
the instruction had been given to the Clerk at.
the Bank to fill it up, and on the discovery of
the imposition, there was 'no transfer permitted to
be made, but the Plaintiff was ready to make it ;
however, finding the interruption, lie went away.
The Plaintiff called again to know what the De.
fendant meant to do in it, but he could not direttly
find the Defendant. Three or four days, at a week
afterwards the Plaintiff came again. The Broker
asked the Defendant, Whether he would take his
Stock ? His answer -was, As a member of the
house, he conceived himself bound to abide by the
decision —meaning the decision of the Stock Ex.
change. The Broker knew what that meant, so
that he did not require any explanation. The De.
fendant had never since accepted it.
Mr. Gin CS contended, that the 'Plaintiff could
not possibly support this aCtiori-upon this proof, for
the Stock was oever tratO'crred; and therefore the
Piaietiff complained that the Defendant had not
.ac.
cepted that which was impossible for:'him to accept,
for that he could not accept before it was transferred.
The Plaintiff had never tendered to the Defendant
this Stock for the nori.acceotance cif which.hc coin_
plained, oral therefore the Plaintiffought to be non.
suited.

Lord ELLENB9ItOIII said, that although the
Plaintiff had never tendered the Stock, he was al-
ways ready and willing to do so, and it was ow in
to the Defendant it was not done. This was what
the Plaintiff alledged. He had proved all he had
alledged in his Declaration; and if the objettion was
weV founded, it vs aS UM) the Record, and it might

b: moved in Court. Before he could nontuit the
Phtintit, he., must see that the objection was one
which ivOtild be cured by. a verdi&
Mr. GIB as asked his Loidship to save tke point
lot him, and he did.
His Lordship said, that the Plaintiffwas alledged
to be, and proved to be, ready and willing to trans.
fer this Stock. His Broker had given in the Ticket
to the Cleik to make the tranifer, and it was in.
terrupted by an accident. He was again ready to
do ir, but the Defendant never asked for it. The
question far the consideration of the Jury was, whe-
ther the Plaintiff was ready► and willing to perform
his contract If he was, his Lordship was of opi-
nion, that was sufficient to suppnct this ease, and
to entitle the Plaintiff to a verdict. Whether the
oblation was valid or not might be argued here-
after.

Vetdiel for the PlaintitF, damages i Sol. being a
loss of 6 per cent.

COURT OF CHANCERY, DEc. 23.

LUNATICS.

A Petition was presented from a Gentleman
named Howe, respetqing an Unfortunate Lunatic of
the name of MAawoon, who resides .in Devon.
shire. The Petition stated, that this unfortunate
person was committed for safe keeping to the care
of a committee, cr keeper,. %%11, instead of using
the proper tn:•ans to conduce to his recovery,
had allowed him to get intoxicated, and when
remonstrances were made, refused to alter his con.
dud. There were likewise some further allegations •
in the petition, charging him with making, a wrong
application of certain sums of money intrusted- to,
him. It .was on these grounds the application was
made to discharge the Committee from any further
controul over him. The CHANCELLOR, after hear.
ing the mat tors in the Petition, iliretted that he should
be removed ; and observed that it was.highly neces.
sary that persons having the custody of unfortunate
lunatics, should demean themselves faithfully and
correaly. With respea to the charge of misappli.
cation of the monies, it was ordered that it should
be the subjeCt of consideration on a future day.

Thursday last, Matthew Miller, John Pugh,
Thomas Selwood, and Paul S'althery, with several
Porters, underwent a lung private examination
before the LORD - MAY.OR, charged with hav_
ing stolen wine and liquors, to a considerable
amount. ,These men, as • well as the wives of
some of them, have been in custody for, some, days
past, and underwent private examinations, since
which both Salsbc'y and. ,Se/asaad have solicited
to be admitted evidences, which, his Lordship
hath admitted, and they have made a full dis.
covery. The particulars are, that .the Prisoners,
Miller and Pugh, were
.colourmen, or porters, to
Mr. WiLD, an eminent wine-merchant, in Martin's.
lane, Cannon-street, and Selavood was one of his
carmen. These men had entered into a Cornbina,
tion to carry on the wine and liquor trade on their
own account, which they have dune for a consider.
able time, and furnished their customers from the
cellars of their master. This was suspetted so far
back as September last, and hints given of it to Mi.
WILD.• At last, a Mr. PAtitsu, who lives facing
the htiuse of the Prisoner .41/i/lee, waited upon Mr.
W. and told him that he had. reason to stoned his
colourmen and porters had robbed him, for he.
understood, for a long time, that and,Pugh
were wine.merchants upon their own account, as
they constantly employed the Prisoner Sohbaay as
their porter to carry out baskets Anti hampers of
wine. He was surprized to be informed they were
only cellarmen or wine coopers, to Mr. WILD. He
had seen the Prisoner Selrwocd stop his cat tat the
door of Miller, with. pipes of wine in it, which they
used to broach, and draw off two or three pails full
at a time, and drive off again. /14//es'a house is in
Half Moon_alley, Bishopsgate.street. Vitas like.
wise come out, that these.prisoners used to dress
like Gentlemen in the evening, and gained admit.,
tance to clubs and societies, where they gave it out
that they had a smuggling cutter in constant employ,.
and could furnish public-houses with wines.of the best
duality, at a very reduced price.
They
constantly
sold wine from 235..t0 30s. a dozen, which Mr.Wi4s
says .was worth three and four pounds. , A certain
Publican, near Broad-street, Bloomsbury, only gave
them as. a bottle. for all they sent him, some, of
which was choice wine worth 1.29. a bottle ; and,
according to the evidence, they used to steal twelve
dozen a week.. It is said Pugh has soot, in the
Bank. From the exertion of Crab, the Officer, on.
der the City Marshals, all the Prisoners, were appre.
hended.• He found in each of their-houses plenty of
wine, &c. Miller was fully committed for trial,
but Pugh was temnded for further examination.
Sekvood is detained as . King's evidence, and Salt_
her), who ailed as their porter, is. admitted to
bail, to come forward at all times when wanted.
Two other porters, belonging to Mr. Sinn NUR,
Distinero near Whitechapel, underwent a private
examination, on suspicion.of leaving the gates open,
with a felonious intention, in the nighttime ; the
particulars have not as yet transpired.
Mama' Williams, examined the preceding day, on
suspicio6 of an attempt to commit a robbery, was yes.
terdaY again examined before the LORD MAYOR,
when he deettred that he was a tide-waiter at the Cus.
tom.houses A person was sent for who identified him
as being a tide-waiter: The• Loan MAYOR ob.
served, that the conduit of the Prisoner was such
as would not be tolerated ; for any dishonest person
might stop people in the street, under pretence of
being Officers of the Revenue, and plunder them.
Ire, however, should 'discharge him, with a caution
to beware bow' he trespaSsed upon the Lows again.
His Lordship diretled him to make recompense to
the Porter whom he had stopped, which he did, ar4d
was discharged,
Thurialaysnighr, at dettk, as a little boy, about
nine years of age, wasseroasing the top of Bridge's.
Street, Covent-Garde it, with a bundle under hi, Aral,
containing some shirts and other articles, a man
came up to him, under pretence of asking his way,
and snitched the butalle from him, with which he
ran off, through Martlett_court, but being closely
pursued, he dropped the bundle in the Court, near
flow-street, but eicened his escape, though a maw.
her of per Sons were parting at the time,