The Sun.
London, England, 1804-02-29 00:00:00

EDINBURGH, FEB. 23.

A Gentleman:who saiicd :rurn Leith on Tuesday
sennight, mentions :his having artived ac M)rt•lt
Shields, after a
.paSsage of t WI) da% The v<s,el
was alinoSt .taken by
..Frctioi Privateer. risliey
were on the paint of .running on share, 'wile,' the
Privateer relinquished iI duce ; it she had
nued, they would in all probability. have heel, taken
in the course of ten toitaito.

Caution to Ser4;ants.—Two complaints have lately
been 'made to' the Sheriff of Edinburgh, the one
against .a coachman, for selling the corn, hay, and
straw committed to his charge ; .the other against
'a 'gardener, for forging a characler of himself.---
The fay s being clearly-proved, the Sheriff )enstenced
hOth, of them to six months confinement in Bride_

The orders for the Glasgow Volunteers .to
,hold
.themselves in readiness to march at the shortest no.
tire, were on Sunday renewed..
The ,2d Battalion af. the 67th Regiment at Stir..
ling, is under.orders to embark for,Guerosey. The
alacktnannan Volunteers, under the' command, of
the lion. Major ADERCROMBY,
.arC on permanqnt
Airy at Dunfermline.
The 42,1 a-nd 9.1 d Regiments are augmenang by
Volunteers from the Reseave, under.orders fur. fo.
•reign service.

FEB. Z 5:

YESTERDAY the Comm uder in Chief reviewed
the following 'Regiments of Militia in the Duke ,of
BiJdCLEUGI Great Park at Castlesteads :

Benvickshire, livverness7shitre, Forfarshire;

Kirkcudbright, Rcafrewthite, Ayrshire; ', "• 1
Argyleshire, Edinburgh,: • A•bertleeyukirß, I i
Dumfries-shire, and a Detachment of the Royal, krttUery.

The very high state of discipline to which all of
these Regiments have been brought, renderi.any..en-
-comium'on the precision ao&dexterity ,wcith, which
the various manTuvres were executed, unnecesy.
The Troops in the Castle left Edinburgh between
eight and nine o'clock in. the morning, "and returned
between fivt:and six -itiTthe afternoon.-

PUBLIC-OFFICE, BOW.STPA ET, Fr B:
men were examined before Sir R. Fox!) and. T.
ROBINSON,Esq. on a charge of unlawfully snaring
hares in Gesterly Park. By•the'4position of John
Hudson, Keeper of Osterly.Park, it appeared.tliat
on. Saturday night last about 1 h 2 O'cekr six_ men
were observed near the, park, and some nets .(or
taking hares were .found fixed in .different
adjoining the park, and' which being watched, the
Prisoners were deteeled taking up the nets, in Whi,ch
was one hare, and on the Witness and others, going
to secure them, one of the Prisoners .pres'ehted a
loaded gun, and. told, them to keep off..
Hudson being armed with a pistol', threatene&to
shoot him if he did not surrender, ardbe vy.s taken
without any mischief. The gun, which was loaded
with ball, and the nets, &c. were produced before
the Magistrates, and the Prisoners not being able
to rebut the charge, were convicted as ROgues and
Vagabonds under the 39th and 4oth of Geo. 3d,
and committed to th.e House of Corredion rill the
next Sessions, when they are lisble to be adjudged
[al further imprisonment of six months.
Yesterday a PosLmaster was conviled before
Mr. Bowl) and Sir W. PARSONS, in two several
penalties of tol. each, and costs, for letting horses
to travel post a short distance, charging more than
the usuat`rate per niile, and not accounting for one
quarter part.of the sum charged in the Starrip.-office
weekly accounts fur the 4uty.
The; parties implicated) with Scully in the bur-
glary at Mr. Woosnam's underwent a further exa-
mination, -and were liberated on
•Producing'bail for
their appearance to giVe evidence on. the trial.

A yoitng-,inan was cornmitted for further exami.
nation, on suspicion of.,being_concerned in assault.,
ing aid robbing a Mr. Chambers in the street.

Yea.t,7r.
day two daneing.rnasters, and about sixteen 'cout..'.e,
wetebrbughtbeloie the Sitring Magiscrale,.chArgA
by the•Slciety for the Soi,pr,...ssion..el
assembling thenase;vs thf.pight lw,fore. „s place
near the stable-yard, Beattf,-btailding,:,_C•ha!:c,..ry_
lane, contrary t 9 the S:atute tilide again: it s tel.un-
lawftalprattites. Toe d'aecing masters' w:re e..
dered to find bAil, to 'appe-ar at th n 63 Quartl/4s
Suisionsi and the company dibtuissed,

LAIV REPORT.

COURT OF COMMON PLEAS, FEB. 25.

INGLIS AND CO. V. KEAQUICK•

This was an action Iv the Plaintiff's,
tvto are Me.rchants ink:n(loN to'rectiver" from the
Defend.nn, an American Captain of a ship, the
;um of 16961. inclosed in a Bill drawn .by the De-
fendant cm Messrs. Cleland-and White, in favour of
the Pldiniiffs.•

• The defence set up was two=fold Ist, That the•
n-fendant had not received sufficient intimation of
the dishonour of the gill.
- - -

In support oithis defence, evidence was adduced
to shew that the Defendant had arrived in this
Country
.befoie the Bill became due ; had been
upori Change, and had regularly frequented the
.New_York coffeeAnuse, nottvithstanding which
the Bill was. nut presented, to him I,r more than
two munths after it fell due. As a proof, too, that
the ctedit had not been given on his account, but
on account of the draWees, it shown, that three
other which/had stood in a. similar situation,
had been ,renewed fir their accOmmodation. Eut
SeCOMly, it was contended, that tl e Piaintiffs were
not entitled to recover tinder the Bill iii•question,
which had ben granted for goods to be employed
in an illegal or contraband' tna..c. In suppoft of
this allegation a number of letters from the Main.
tiff to Messrs. Cleland and While, the drawers
(now harkrupts), were read.' frmn which it .ap-
rat e,l that they, who were British merchants, had
been the practice of putchasing prom Mr. Barry,
a wine merchant at• Tenerffe, -great quantities of
wine, and disposing of them in the EIS' Indies;
a traffic contrary to law, and prohibited• by 'the
Charters granted' to the East•lndi4 Company. For
a contract of this nature was ,the Bill in question

granted.
It was contended for the Plaintiffs, in reply, by'
Mr. Serjeant BEST, first, that 'no improper delay'
in noticing, the dishonour of the.. Bill had taken
place. The Defendant was not domiciliated in. this
C:tuntry, neither' did the Plaintiffs know of any
place where he could be found, or where the dis-
Itonour might have been intimated to him. He
had nut come to,this Country in the only charader
in which he was known to the Plaintiffs, as Captain:
of the Iris ; but had 'disposed- of .his ship in Hot.;
land, and, had, come home privately. The mu..
ment the Plaintiffs knew where to find him, they.
expressed. their satisfadion at the circumstance,,,
and immediately acquainted him with the disho.
nour of the Bill. As to the indulgence granted to,
the drawers on, the other the very letters
founded on by the Defendant, sl:e wed that .that
,dulgente had been granted by Mr. Berry, not by'
the Plaintiff:, who had no .interest in .the business..
.'Secondly, -the Learned Serjeant contended, that
the Plaintiffs had no concern in-the nature of the
trade carried on by any of the parties in,the
They had taken the Bill, from Barry for a valu.
able consideration, and were entitled to ::recover
'payment from drawees, from the drawer, and
- from:all-concesned.. Attyma,tiye of, this Country.
Might purchase wines, and dispose of them in that
part of the East Indies. which belonged to a fOreign
power. There had been no evidence to she' that
the wines referred to .jn the letters hal not been
;_sett to the Manillas,
,or to any other part of Spanish
India., It was. only to. British India that the Bri_
ti-,h subjeas were prohibited fium traging ;,:and
these 'wines haying been purchased in "reneriffe,
front a Spanish subject, seemed raiher in, war-rant
the belief that they were intended to he di4rose'4l of
•iti some cf theSN.nishstittletnents. •Al -all events;
- Mr. Bury being a eubjed of Spain, who might
himself-have.tiafficked even to British India, could
not be guilty of an unwarrantable aft, in tnaking
a dale similar to the present, nor could the Plaintiff.,
who at all events must be in an equal, if not in a
better situation titan Mr. Barry, be precluded from

recovering payment.
Lord A LVArsiL EY direaed_ the, attention. of the
Jury, first, to_ that part of the case which regarded
the notice of dishonour.
The jury found; that in the circumstances of the
case, the intimation was sufficient.
His Loriship: then commented On that part of
the cae which regarded the contraband traffic,
and expressed his opinion, that no distintli,m was
to be drawn in die case of British subjeds trading
to any part of India. It appeared to him that
•
the Plaintiffs in this case were not interested in the .
trade carried On, they were at least acquainted with
the natures of it. lie left it with the Jury to de-
, termine if this was not of itself sufficient to pre-
vent the Plaintiffs from recovering. He _wished.
them, itoWet,ct, to distinguish on :which of Ahese
two principles their verdict, be. it what" it might,
proceeded.
The jury retired, and returned in about half an
hour with a verdict for the Plaintiffs.
- Lord ALVAN', EY expressed his surprise at the
• "verdict, and wished the Jury to mike it a special
one, that it:might be -sulljed to the opinion of the
Court.
,The Juryi by_ their Foreman, said ,they were of
opinion that the Bill had been granted by the
Defendant. fur, .g.onds furnished. to Cleland and*
White, by Mr. Barry, at: Teneriife,. who ,had, made.
it over to the Plaintiffs for a. valuable considera-.
tion. That the
.goods purchased were: intended.
by Cleland arid-White, 'to be disposed of in India ;
•
,but that the Plaintiffs had no interest in the ad
ventUre,' ihough they were privy to 'the trans-
,
aClion. On these principles they gave a verdit
for the Plaintiffs, -subjecl to the opinion of the
'Court.

DUBBIN, Ftz. 24.

AT the Commission Court, yesterday, job,:
Costley was put.on 'his trial on an indittin.eitt con.
raining five different counts—firs!, tot a conspiracy
to Murder the Rev. Dr. Letiwtc ft—secondly, for
a lakirglary.on his house-7-014:11y, on the White
Boy Att—tourthly, fur .an assault with intent to
cotnmit murder—and fifthly, for a. simple assault.
The circumstances of -this extraordinary case, as
they came out in evidence, -were briefly thus : -Ab.mt
ten o'clock -on tie night of the 3d (if this month,
the Prisoner, who was 'an Officer of the Roscominon
Militia, a party -of -which were stationed in Rath.
farnitam, and accompanied by atiotite'r' Gentleman,
came to the Rev.
•Mr.,L4DWICI-I'S houssjo that
village, and 'demanded admission. The Clergy man,
an infirm old inane who was in his bed.charnber,
looked out of the wirutoui and inquired their busi-
ness-;-they :Said, they. wanted to search the house,
and that he should go to the guatt.l.house to acc,unt
for his having a light in.his room at that hour ; he
'replied, he would answer any..charge they had
:against him the next 'day, -but would not at that
time adroit them into the house or•open the door.;
and ,being much attrmed at their threats,
.made,
itxs
escape -.;ut of the lere of the house over a high.glas-
edow4ll. .i'They then pr4.coted .a _party of
from the guard-house, who, .undei the direttion'of
-the PriS,ll.-r, fired repeatedly in at:the:windows of
the hon,e-; several bails-lodged art different,partsaif
tile town,' as well as perforating the .hed of ,Mr.
LEDWICH :it appeared that::-the soldiers at first
fired over the house, not wishing to do-any mis:.
chief; but on this being observed by their„Ofiicer,,
they) were ordered to level their yieccs- and fire
idired into :it: Tice door-was-then burst-npen, and
they proceeded to .break and destroy every • thing
that came in their way.. - •
The evilence of--a numbeyorwitnesses who were
examined,‘was strong
_and incontrovertible as to;
these faits, alth-tigit they underwen(a.rnost severe,
strutinizing . cross,ekamination by the, Prisoner's
Cot.iniel, tending to impeach their mor.:dcWter,
and- •to- tender their teatituont, inconsistent with
each other. . •

•
On the Marc of the Prisoner no evidence was.ad.:
(Weed; exctot as to charatter, to which-, his Colonel,
was ptuduced, who gave Inm a 'inost , excellent

one'.

Judge DAY charged The Jury in a, speech which
took three hours in thedelivery,:reCapitulating the
evidence, *and Commenting milt with an imeotnnion
degree.of-Perspicuity and attention. The Jury ft,
tired hit. "about fifteen Minutes; when they, returned
a verdict of acgotttal on ail the counts ut -the in-
didment—that - were laid capitally, but found the
Crisoner guilty of the assault ; he' was-then address-,
ed by 'the. learned Jiiiigft in a'speech, wherein he ex..
patiated with a considerable degree-Of force on the
enormity. of the offence of which he was convided,
much trfAri his rank in lite, holding
cQmmi•sio:i in His 'Majesty's service, given' him for
the purpose of protecting and &lending the King's
SubjeCts.i He then proceeded .to pronounce The sen-
tence of the Court, which was, that he •shoutd be
confined in the-gaol of Kilmainh4m two years, fined
zo marks, and-at the-eit,,iration of his imprisonment,
remain in- gin! until he gave security to be of the
peace for seven years, himself in poi. and two
~sureties in tool. each. ••
In the course of- this trial it was:admitted,on all
stiles, Shat no mon could boast cga higlieraarader
thanMri EuwtcH, in all the .at tributes, that !should
dignify a-goodclergynin and citizen. -

A. SW TND L R. —A • person apparently. about...lS
years of age, rather under the middT size, fair hair.
edi'stnall featured, and slenderly made, dressed
irr
a' blue coat *and pantaloons, with a, striped Waiitcoat,
was apprehended on Friday at Greenock on suspicion
of mal.praCiices ; and on examination emitted the
following Declaration :

Green°Cit. Feb. 22, 1804.
Compeared William Johnston, who being judicially exa-
mined, declares,' than he was born in Calcutta, in thC East-
Indies, and that be came. from thence.about .eight- year4-ago,
and remained for some years in London; arid from thence he
went to I rcland, and visited most parts,olihat Kingdom; but
followed no ;employment; :and- supported, hinielf iiperi the
bounty,ot such ['croons As chose to befriend Jilin ; Oat he
left Ireland about four or five months, ago, and" went, by •
the wa,v of Parkgate to Londrin ;'ind• being 'desired- to 'con: .
descend upon any house he reSided. in in London, declares,'
that he had no particular place of residence, and cannot con-
descend upon any house he lodged ileelareS, that he walk-
ed from London to this place on tbot, and arrived here the
night before last, and has tOriged since his arrival,in the, house
of Mrs. N.l'Donald, in ,Crawtord',o-dyke, and,that the objcel
of hiS journey here Was to procure, g paisgge to Leith or
Petersbuigh ; declares, that' on the night before he came to
lodge with Mrs.. M' Donald, he-lodged at a ,4,rmees house
on this side of
,G.lasgow„.but cannot give ;Ire name of the
tarmir ; that on the preceding night he Slept at Airdrie, but
cannot name the tniuse ;'-atitl being inteirbgated-if he can.con-
descend upon any person in the three Kingdoms who k*mys •
him, or can vouch to the truth of the foiegOing story, de-
dares that he cannot. " • -•-• •
- • (Signed) WM, TOHNSTON.

The same person, about twelve montlisr-ato,
posed upon son\e of the inhabitants of Greenock, by.
representing himself as the only person who had
escaped alive from a, vessel. which he alledged had-
been shipwrecked in the neiglibouriso-d- of Aber-
deen, On -a voyage from Petersborgh. Since.his-ar-
riv.al there, he has sometimes assumed the name of,
Gordon. He stands committed for fiat Cher exami..
nation. •

._._._.