The Sun.
London, England, 1803-01-27 00:00:00

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SPOONLIt-ANI) OTHERS V. .JiIiaRPER AND 9THRItSO

Gmotow moved for a Rule to shew Cause
why there, should not be a new'grial in this. Case.
lew.as tried before his. Lordship at the last Sittings at
Guildhall, and there was a Verdia for the Plaintiff's.
It would beunnecessary to trouble his Lordship for
the report of the Trial,. fors Mr. GARROW said,
he could not find any, fault with certainly it was.
agreeable to the Evidence as given before the Jury ;
but the Motion was made on the Affidavit of a pct..,
the name .of collier,,on account (of whose
absence the. Verdift ,went for the Plaintiff; but if
he Ind been present, • it must inevitably have been
for the DAendant. The. short statement of the,
Case vas t%is : The, Plaintiffs were Bankers at
tiaeleing hien et.l3ciftril,'s.l-rulker hert:
Ile became indebted to the House `of the Plaintiff's,
they being holders of
,several of his, which,
from embarrassed circumstances, he' was' not
able. to honour, and being afraid of being arrested,
he took every means in his power to conceal him.
self from his Creditors, and therefore the Defendants
•could not subpoena him, 'so that they could not have
toe benefit of his teitimonv ar-the trial not
.only did he conceal himself, but. he caused it to be,
.given out, " that he was-gone to France, 'and that
the Cline of his return. was uticertairt.". '.rhe party
st ho wanted to subpoena Min,' went through every
course of artifice that they could.. think of, to get..
at him ; disguised themselves in Various' chit-rafters,
and made several pretehces, with a view of seeing
him, but all to no purpose; and for want of the evi.
dence of this person, they lost their verdict}.' He
was aware the Court would ask, " why did not you-
apply to putthe trial off on the absence ofthis Wit.
ness?". The .reason was, that they aslually
Spaired of being able to firth him, after having made
so:many applications, f9P that purpose, in, vain.—
. His w ire had told them, " that he bad' noc, been at
• borne for six Week's, and that she did not. know what'
was become Of him."
Mr. ERSKINE lie was ,confident that the
Court, if they'found it pOssible, according to any
role, would he glad to in a case like this
for it was 'one •in which the Defendant .was made
liable to, all the debts of 'a Partnership which had
been long dissolved before this demand existed, and
the only questitin. was, Whether, the Plaintiff knew
that 1;10 or. not ?. .This Witness would have prayed

. ,
that El&_ completely, So that: then, the veraid,
would ,have been for the Defendant, and this was'.
the hardship of the case ; for the verdtet would.have . •
been the other way, if this Witness hal given, his
ev Menet..
~• Mr.. (;!.BBS.--"," Sn that they , have, heard all our
-ease at 'Nisi Prius, and found out,..since, what would
have been an,ansWer to it,—.--they come forward,
now, with an answer to what they have heard." '
Go Ra w said ,`that
, that one.of the Partners in,
theHoUse of the Defendants, had, after a dissolu-
tion of tie p,artnership, secretly kept an atecount
with the House of the Plaintiffs, and if this Wit:less.
had been examined,, there would not have been any
doubt of that, really,, the verdict
.was con..
Wry to the' real justice of the case, as would ap-
pe,“ r, if a new trial was grantcd.
Lord ELLENBOROUPH'aSkttd, if the want of this
:WitneSs was felt, before the-trial of this came, or
-was it a discovery made subsequent to,the Arial
'Or, did any thing appear in Court, that if the De-
fendants had been possessed of this evidence,
would have had another fate ?
• , •,f
Mr. GAtotow said no; but the gisq,Ap,,,,j,
this case from all ..othet.s.ases was, thAtAß3Aii,'
.ness, Collier, in consequence of his 6111ml-44414w
with the house of the Plainticr", who had bills of'
vihich he could not pay, had concealed himself
for weeks together, :and then he put the
,Defendants
oir their goard3r _so that they, did not 'apply to put
of the trial on account of his absence, because they
did not know where he: was, and really believed

that .1,,e was lost. They had afterwards found him;
.This, he subinitted to the Cotfie, as a ease of, ex-
treme hardship. t. •
The'CL-1 I F "us'tici observed, that there was
no
surprize to the Party at 'the time of the trial,
for want of the eviden`ce of this Witness, fot there
was im application to, postpone the ,Itial on *cc' unt
of his absence, whielt might have been moved, and
on producing an affidavit of the faa, and of an en-
deavour to find the Cottrt would have put, off
the trial; and there was not; C..ven now, any sug.
gestion of that kind; 'the Court could not grant A
new trial in this case..
Rule refused.

The Cliff!, JUSTICE then asked Mr. ERSKINE
and Mr. GIBBS. if they were aware of a case lately
decided in the. Court of Common Pleas, analogous
to that on which this Court had yesterday given
judgment, that of Raynard and Renier. The case to
which he alluded, in the Common Pleas, was re.
ported in 2 Puller and -Bosanquet. His Lprdsliip
said, that before the rule was drawn up for di*,
charging the former rule, the Court wished to look,
into that case, to lee die foundation on which the
judgment of the Court of Common. Pleas was built,
and to see whether it was in., point with the present
case, for it was desirable,, if possible, that die de-
cisions of the Courts should be "uniform; for which
.reasan the rule in the case of Raynard, and Renier,
was suspended.

PRACTICE OF ATTORNIES.

FAR V. LUCAS.

Mr. PARK moved for a Rule to shew Cause why
proceedings in this case should not be- 'staid ; why
the Attorney who had sued out the process should
not pay the costs of this application, and that the
Attorney should answer the matter contained, in the
affidavit, upOn the ground stated that the Plaintiff
never authorised the affirm to be brought ; the
particulars of which we think not (air to state until
thc season arrives for spewing cause.,---Rule granted.
Lord ELLENDORayGH took this opportunity 'to
notice the improper pradice. of writing letters to a
Judge on the subjed of Causes pending, and spoke
as follows : ".Great allowances may be made .for.
persons sentling letters to tne who are ignorant of
the course of _proceeding, but I can make .no such
allowance for Attornics'i I have.nOW a letter from,
an Attorney, giving,- by anticipation, a Statement
of a Case coming before the Court. I Want it to•
be understood nx,v, that if any thing of this nature
comes to me again, 1 shall take care to put. it into
a penal shape."
In the course of discussion upon an Award, wile-
, ther. the Arbitrator had not mistaken a point of
LaW•which was: referred to him, and on which-ot..
casiOn the papers had, by order, been left with the
Jodges, Lord FILLENBOROUGH said,," it Was very
much his: wish ,that when a paper ivas left with
him, it might bc.markedfot what purpose, whether
for'argument . of a Case, or for explanation of Mo,
tion, or whatever
.else The purposcwas, otherwise
he could not know how to apply; the leading- of
them.

'ln a que`stiOn'of Prohibition of Prozeeding in the
FcctesiaFtical.C.Ourtt it,...aporiired that tome fatties
hadprocceded to put up 41 monument in a church ss ith.
out the leave of the Rector, who objetted to it as
the owner of the Freehold. Application wvs made
to the Bialiop for his licence as Ordinary, and the
Ruttor was cited before the Bishop, who has not yet
granted his licence; the Court decided it was not no.
cassary at present to interfere in prohibition, for
•hitherto the Bishop had not granted any licence,
nor was it be presumed that he would, Unless
that ,was proper;. nor •would it be in furce further
than his consent went, which would have no eff,:tt
on the rights of the Redor, if he had any right to
resist it as owner of the Freehold. It was true,
the *Redoes consent, without the licence of 'the
Bishop, might be insufficient, but it did not thence
follow that the licence of the Bishop put an end to
the right of objection in the ReCtor. As to the sup.
'position that-the Rector would be concluded by the
Bishop having cited him, and having heard him,
over-ruled his objeCtions and granted the faculty
to put up the monument', 'being conclusive on the
Rector, that waft,,not so, 'for. an Appeal_ might be
had against the dem:lnitiation of the Bishop. At
present there was nothing for a.,Court of Law to
decide, for the Proceeding was hitherto purely Ec..
clesiastical, and no Common Law 'tight in question
between the Parties ; and. therefore the Rule for a
Prohibition was discharged. -

Last -Thitistlay morning, as two young T;odies,
.named'Mtroc i.EsToil, of l'eFensea,,and Miss
of
.Roticrtabridge, were g% ring a party.of pleasure
from revensca, in a (Me horse-chaise, the 11,..rie
took fright, ran away, with the carriage; and threw
a-11 the ladies with great violence out 'of it, by
which accident one of Miss. MUNWs thighs was
broken, and the two Miss' ivluc.ollr,,-roNs were
much bruised. The horse rani severarmiles alOng
the turnpike road, and could not be' stopped till lie
had quite disencumbered hirn,:elf of the chaise, by
breaking it entirely to pieces.
Otte day last week; James' Perriott,
'keeper tOGEOACE Si! IT rttrit, Esq. of Comb Place,
near Lewes, discovered in the river, a small dn,tio:ce
,above Lai-comb Mill, tightly jammed between a
.wiilow stump and the shore, a ' dead pike, of 'an
extraprdinaly
Itmeasured inlength, from
eye to folk, four feet, Was one
_foot thick across
the baelti,and weighed, in its was Led state, +albs.,
Its Confined' siluzltn:n 1$ attribliteib.to, the rapidity
of the tuirrent,:during. the late flood, when, to blen)
the torrent, it is supposed•thii enormous fiCSII
ter- 1,11 sought ; lodgement, from which it could
not ":afteTsvatds e*.triiltve. itself, and consequently
remained there until it was literally starved to
death.
_ _ _

The mot who sre,,,le A hose frtim Chichester, be_
jugging to the I'.t...it4cu's R....gtment, as mentioned in
a former Paper, vvo :t gurtnor...driver in. the Artilluq,
ant deserted fro,nt Plymouth a few week since, with
a hotic beiOnging to- that Corps. He was apprc..
hetakdiat Tdscomb, near Lewes, where he wa,
suspeacd on account of his having offered the dra-
ii )ori horse for sale at .about- half its value, and, en
being taken before a Magistrate, was committed,.

Nov. 2,, Isoz.

; ,WE have had no ',private communication fur
,'these months past from Old.Englav,,i men of .v;ir,
however,. have arrived, some of them
patches, but sailing under sealed ord'rs—a letter;
have been received through them by it Ca aison.
The Biitish. Tr,,ops:confine themselves
within the Works cf la Valetie, consisting of al)(11.1t
3000 clnaives, intlusive of about 220. of the Royal
Artillery, and -a detachment front the Corps of
~oyal.Engineer"sr Several 2d battalions of Regiments
'have been reduced,. and about Zoo Officers..bzl.ing_
ing to them—ate on the eve of embarking for
land. .

A' most trcmendous storm happened here on the
night 'rf.t.}l.-t .23d 'nit. It.commeneed.abOut
o'clock in the vvening) and continued most'
ously to blow, rain) lighten, and thunder, till
daylight: the damages Alone. have
able;. a. breach), full fifty yards in length, w
made through the Fortress : other . parts of, the
Works were aaually washed away with the rain,
besides six houses'and a church beat in.by it An
Ordnance -Transport, 'with powder• on board, had,
her foremast carried • away by the lightniogi•tyllicti
,at the same time, set ~fire to her, two different
parts, but "luckily it was extinguished by the great
'torrent ,of rain then falling, without any serious
damage„%i The lightoing struck in 6.ev‘arai .f
the fortifiFationa'; • ai 41ip Mote was'
totally dismastedl considerable damage hai abso
been dimelin the couwiry part:s.
Both" Troops and fillips in this rpt.irter are in i!ie
highest setAiceahle 'state,
.though
means numeron, : rumour gives out that the whole.
is to bei,reliex%:d the course of rotition-;- most' 61

the~ former have (men on service previously to the
commencement 'of the War. A French Gener3i
now resident in this Island as ;t Minister from that

Nation.

POLICE OFFICLE,WoasHIP:-STILIZET.-00 Toes-
day twenty;six.sliop-lzeepers and publicans were, at.
the instance-of' the Society for the Suppression of
Vice, severally 'conViCled in the penalty of toS, for
.pursuing their ordioary callings; and. Suffering. tip.
piing. on the Lord's-day. It appealed that. these
,persuns'had received the Society's7printed .
previously to the.counnission of those particular c.
tutees for-which they.were prosecuted. The parties
received au admonition from, the tilaglitrates, and
the publicans were given to under;tan.t, that should
they:agiiin be conViard ,1 a similar Offence, their
namoiVotthl he revyrt.i to, the Licensing Jnsticcs.
Gu t Tann A L 4.--r-Y:ca:etilay:Gotte Smith and leis
wife /bin, were charged hefort.AldertnanSst-t'i H W.IIW
steatir,g pieceolte property of Mr.
Itichar,i7Fstland; a Butcher in Ciotti Fair, Stnithficld,
by what i e.illQiit;lls;il the changes., M Etland
tolti• Lite- Alderman of. the Prisoner's coming tea his
shop, and purchasing a piece of meat which, ca=
to is. 7d. fur witidi he received a' guinea lona ,
the c,!rtiale Prisoner to take payment ; he
cordingly pulled Out
.turo sevvn-shilling, pieces to '
give dioge, anal pot them •qn.a table). which flair g
seen by the man pri.:mcr, he took up the two seven.
,and sa•iing he had gut silver,: thre.m
theln'ilown again, when the witness. rttrurned Ore
guinea,..and they went away but , his'man d';,,sired
him tti take ca.re that they, had not changed the se.
ven-shilling'pieccs,,.he haying heard of a similar.
trick' in the neighbourhood ; upon ch;iminatitrrr, he.
presently fband one .was b,id, and the Prisoners
Were pu,-sticil to -a wine vanirt., wt,ca 'they were
taken, into custody. Fiveguirscipi anti a loilLin ha:f,
guineas and sev.en pieces, ail good, .trittaq, •
were found, upon them. he S,,licitor of the i 1 at
attended, and recolnized the, 01.i:wet' to be'
a ..7ohn Daltotti who had been toruvrly. cOnviCted
for eircoliting bti..se coin--hers- fo'dy.c,Aninittca
fur trial,. but Ids s ife was.discharged.
Thomas Cold wtfs brought before the Sitting Al-
derman, un a charge' of stealing, in the divt
libuse of Messrs. hottrows it ftawiint;:,on, 1,0 ‘,K,'.1(..•
a,-piece of striped cotton., containirtL4'''
4.8 yards. lVir.hutrows wais..io his (,:ttu:ninz.h..o::-.,
when two men eatnz into the ii,Jr::!“,as,:•, oo,•.. of
whom came to him,. and asked -11: some pet tart'
whom Mr..:l3urrowS could not give not- inftnintt-
ticin about, Almost diteCtly atter'witc,i,t ,heard
,the cry' of " Sibp John .Gre-ti.,o ugh, one
of the young men the wstehouie, tl as com.:
ing up ,the cellar stairs; , and. saw I Prisotisr
(whis trrtxtattied in the warchothe, while :- the
other went to as,lt. some got s:i,:to. of Mr.': 80r...
tows' in 'the COuntitig-Molise), not a pitcett goods
under his arm antl:qvalk out toe warehouse, iii;
which he immediately followed nitnr giving 'tie_ •
alarm of stop thief!, As the Prisoner ran,up- Bread-
street, u 11r,-dOetletiough saw him drop cut-
ton -was r rodtieed), ;and did, not lose sight of
hizn until lie was taken into custody.' lie was
fully "eommined for trial. • •
Two' insttlitces'ltave lately occurred in Ne,a,
pf „the most daring atta,:ki on' Chartil.wi;,, ()tie
which 'l,t ts sticsstul ; a ffcllO..v 'the outward
do..qr p t, n, ilechanded to site some papers left in 'a.
fr4itit4olarne.;, on being told no such thictiments
existed, he boldly avowed-his-purpose, add insisted
upim money. The 'Gentleman at first 'seized a
.poker, but on the villain 'persisting, 'delivered some.
'loose cash, with which-he made off, On a similar,
attempt in another•ottarter, the GentleMati had' the.
presence of mind instantly to ring his bell, exriaint.
ing loudly against the servants for not. appearini, ;
and din: made off. This slims hew ,
careful inhabitantwof Chambers should be, in leay. '
ing their inner doors at liberty to intrudets,
071,fia of tbe .140ord Do.v.t,--Soite have deriVed
this woril from• the trench word tionserr., signifying
tive, idg a demand. of.sonted Atm
others,, aniortg.t whom is the celebrated Dr. Jt tin.
son, from the Saxon- word drinoti•to:dainciol„ Both
are wrong, The origin of the W;0r,,1, ns elateda
periodical watk,r published in .:London nearly a
a.
century, ago, .is simply this.---In thit 'reign of Henry '
VII, a f:tmous:baillif, named 344. Dna, fived in the
town of Lincoln. This man was so extreMelyd--
4rOusJo his rough business, that it was ttstiallt.,-ti
a person refused to pay his debts, to say, Wit); r
you DUN him P That is why donYt you send D,l to
arrest' him t And hence the custom of calling a per-
soti,• ho pluses another for the payment of money,
,

TO Tills GIRL.

Tnsv try to perauadeine, My dear little sprite,
That you are not a daughter of ;other and light,
Nor have any concern with those fanciful forms,
W ho dance upon raint;ows and ride upon storms,
That, in short, you're a wrist Au, your lip and your breast
As rnortal as ever were tailed or press!
But I will not believe it—No, Science, to you.
I have long hid a last, and a careless adieu ;
Still flying from nature to study her laws,
And dulling delight, by exploring its cause,
You forget how supeaaor tar mortals below
Is the tictim they dreain to the truth that they know.
Oh I who, that nas ever had rapture complete,
Would ask now we feel it, or why it iS sweet;
How rays are conEli'd, or how particles by -
Through the Medium refin'd of a glance or a sigh—
ts there one who but °tic si Would not rather have known it
Than written, with HAav ty, whole volumes upon it?
No, nb—but tar you, my invisible love,
I willfswear you are one of those spirits (hat rove
By the bank, where at twilight the Poet reclines, .
When'the Star of the West an his solitude shines,
And the magical fingers of Fancy have hung •
Ev'ry breeze with a sigh, ev'ry leaf with a tongue :
Oh I whikper hint.then; 'tilt retirement alone
Can hollow his harp. or ennoble in tone ;
Like you, with a veil of seclusion between",
His song to the world let him utter unseen.
And like you, a legitimate child of ihe spheres,
Escape from the eye to enrapture the ears 1
Sweet agent of mystery ! how I should hive,
In the wearisome ways I am fated to rove,
For ever to have you invisibly' nigh,
Inhaling for ever your aong and your sigh !
'Mid the crowds of the world; and the murmurs of care,
I —aia anaaaaimaa converse with my nymph of the air,
And turn with delight from the elamorous ere*,
To steal in die pauses, one whisper from you
0 h cornet and be near me ; /or ever be mine ;
We shall hold in the air a comniunion divine,
As pure as, of old, was imagin'd to dwell
In the grotto of Numa or Socrates' cell
And oft, at those lingering moments of night,
When the heart is weigh'd down, and the eye-lid is light,
You shall come to may pillow, and tell me orlon,
Such as Angel to Angel might whisper above !
Oh spirit I—and then, could you borrow thetone
Of that voice, to tny ear so bewitchingly known,
The voice of rn s o,NL upon earth, who has twin'd
With her essence for ever my heart and my mind;
Tho' lonely, and far from the light alter smile,
An exile, and weary, and hopeless the while,
Could. you shed for a moment her voice on my ear,
I will think at that moment my CAR 4 is near:
That she comes, with consoling enchantment to speak,
And kiaaes my eye-lid and sighs on my cheek,
And tells me the night shall go rapidly hy,
For the dawn of ant hope, of.' our Heaven is nigh I
Sweet spirit I if such be your magical pow'r,.
It will liehten the lapse of full Many an hour,
And let Fortune's realities frown as they will,
Hope, Fancy, and CAa A, may smile fur me still I

41,