The Sun.
London, England, 1804-11-23 00:00:00

Mr. Golf ow, on.the part of the five person;
who had suffered judgment by d4zult, moved the
Court 'hat they might be at-liberty to go betore
Master, and mAkr such pecuniary remuneration
• the i•arties as the Master should appoint.
• GIBBJ, ont he part 'of the Prosecution', made
I) objedio, to this arrangement, stating, that the
,d,jeft of the.,City hdd been answered, and that was
all he required of the,.
Mr. ER RINE then applied on the part of Mr.
Lafone,' that he also might be at .liberty to go before
the Master ; he stated, that this Gentleman's dia.
ratter aid condutt were so universally upright, and
so ,exemplary, he ,was sure their Lordships would
he induced to interfere with his friend, Mr. Gliiss,l
to i,reg 4.rt v further idea -,1 punishment.
Lord ELLENBOROUGH— His condud, as found
by .the Jury, Wio such as is highly reprehensible :
the whole was a sort of conspiracy, of which be ap.
[tared to be the leader, ag.tinst the Leather Search_
ers,:to pis:vent their: doing their duty to the public.
1' don't know how I can dispense with reading
the Report, on which I will have to consult my
brethren:"

his Lord,hip then read the Report of the trial,
. the patticulats of which we- laid before our Readers
some. time ago.
Several affidavits, not less than between twenty
and thirty, were read, on behalf of the Defendant ; •
the most of which were. sworn by persons of the
highest credit and tespee.tabiliry—in LiVerpool, moaly
Magistrates, on' of " lh,m.had served the,office_ tt
tAllayor, and all of whom united in giving the De.
feodent a most- excellent charat'er. From ^their
knowlege of hire for many yeats, they
stated lion to Ire a man of exemplary matmers, tor.
karing temper, mtiderate, of religious habits, never
.adilkted to s verring, or inclined to a breach of the
,-,..peat?°, never quarrelsome, and, except in the pre.
.rent i.astatrcc, never accused of any improper violence
'Of ctindott.
.Thy Defendant's own affidavit was then read ;
he .stated, that ,be lull come, up from Liverpool to
London at a very great. ekpence, solely upon this
busititas,, that he
..had subscribed from hiS priiate
-purse thermal of fifty guineas tolluatil3 defraying the •
ixpences of a Volunteer Regime at Liverpool ;
that he had a wife. and eleven children ; and that he
had ont any person who• -Could conduct his business
but hiniself ; and should he. be confined, it 'ivotiid be
a me ois ,'f great. lots to him and his'famity.
Mr., ER Att Nit:expressed great' .anxiety that the
C,'‘ort would auntie him to be put.upon the footing
f the other De•entlants, anti to ga before the
Mister.; an'i Mr. thew., on the parr of the Plow.
cot ion, admitted, that the obje6 of the City had
been :,answered; hut, shOuld he accede to the De.
fendint's going before the Mister, he was very
much afraid that an opinion might go abroad into •
the world which would be very tojurtous to'public
justice, .aoti deceit its ends. -There was A rery
great difficulty in finding out the name of the
fentiant. 'All his witnesses admitted he had &fidget'.
he -had atted .in the same way in his owri market,
at Liverpiol : his friends lid also refused to corn.
froitLicate hrs name, and look great pains to conceal
of His god bad been greatly
exaggerated bylhis lacing a stranger, anti iiconned.
with the interact. of the.. tnatkttt.. H.,weveriihe
City were not 'v. all desirous of a beVCfe punish.
merit:, and wcitild' he satofied with a much
slighter one thtil.the Ctairt aight think it neCes.
sary to ptonounce.
The Def nil,nt was !Iwo ei'ittiroit fed to the• King's
[tench, and
"ttired t,' he 'again uwught op on Sa.
(tardily next, (titii-wrroie),

COURT OF COMMON PLEASi Nov. zt.

AN TIR Z. MARDItN.

This was a, cast to Iv a Ord on a Rule to slew
cause for a new 'Trial. Previous. to. the Learned
Counsel entering into a discussion of the points of law
in dispute, the Loan Ciitrar.JusrtCa read from his
notes the principal tans as they came Out in evidence
on the trial, the outline of which is as follows
f The off, ire ~ItheDefendant becoming embarrass-
ed, three of his creditors came to o parole agreement
with the Defendant and his faifter.in-law, Mr. Tho-
mas Weston,' to accept of the security (it the Gentle.
man last mentioned for the payment of:the sum of ten
.shillings in the pound, in lieu of what security the
Defendant could give for the payment of the whole
of his debts, which were to a considerable amount,
It 'was then tuoted'that the whole of the Defendant's
effen's woulikntit produce a payment of more than
75. 6d: in the pound, and a deed was drawn up by
which Mr. who was also a creditor, and a man
Of thi: utmost responsibility, undertook to pay the
MI. according ed.-agreement, and an assignment of
the effeets of the Detentlitit; was made over to Mr.
W. as the Censideiation for which the payment was
to be made by hit» to the other creditors. Mr.
Greenwood's signature appeared at the foot of this
'deed, r and it was stated that he hail accepted the,
paYment of stipulated burn in full dischoige of
the whole of his demand. Mr. Artistic., however,
said, .that he was going out of town, and, accotd.
in to the. lrelaratiota of Mr. G. he authorised
him to sign his (the Plaintiff's) nalne to the deed;
this, however, Mr. G. forgot to do, and upon Mr.
A.'s return to town, heat:l4A denied having-given
any such authority, but afterwards said that,. as In
fad. the deed was, not 'signed by him, a man had a
right to change his mind. A .'sum of fool. in lieu
of the original debt of roool, was offered to be paid
him, but refused to acceptof 'it, demanding pay.
Ingot ot the .w hole amount . of the deht due to him.
An'attion was brought ,consequence of thonon-•
payment: of this sum,. ,and t ht. jury gave a:Nerdid
.for the Defendant. It was now to be argued whe-
ther there wits .not bufliciCnt cause at: law. fur a new

Mr. Serjeant Seirrt.tett-n-argiied'at considerable
length against theltnie,' deehirtrttliache was stir.
prised to see' Mr. •A.'ciirne forward to tike' the opt.
!non of the Court 'after what had been stared on the
former trial: He underscnn.i. that it tvas alledged
on the other sidei- that- the it ansattion came -v..itlati
the Statute of Fraud. The Learned Serjeant, how.
ever', rinnted seteral precedents Sid c'4es which 11(.
conceived to -be analagouir, 10 That now lief re It
Court; in which it , .
atitnittcd

ole pew n Inslestook t 9 pay a•certAn sum f r ono.,
th t is vice et loco ejutdem, anti thaj for bt,
(Ling he was to rrceive a valuable consideration,.
such an afiAliti not fall within theStarote of Fiand..

1:1;e LORD CHIEF JUSTICE said, ihat the deed
was nit barely an -assignment of debts ; but there
might he another head to the argument, namely,
64 whether Mr. W, had not purchased the debts ?"
Mt. Serkant S. adduced some other instances in
support of the legality of the transadiln, and quoted
one case which, according to his opini,n, • more
direaly applied to the point which had been hinted
from the Bench, that of the purchase of debts. Mr.
M. had a certain fund which his uncle had agreed to
buy, notwithstanding all its incumbrances•; and it,
appeared that those who had a demand upon it were
to be ben,fued by the bargain. •
Mr. Serj.!ant CocKELL declared, that he was not
prepared to argue this last point, and the case was
.ordered to stand aver for to.mnrrow, when the at-
goinents on the other side will be. fully heard.

The following is an Extra& of a Letter from.;
Gentleman 'at New-York, to'his- Friend at'Cree-
town, thied-Seritembet 10; 18041

1' In the common course of human events, misfortunes
and tratairles are to ho met with. They have been unthrtn-
nately my lQt since I wrote you last (IJec. 12, ilie3). Short-
ly after the date oft hat letter, I went out as supercargo (gone
my own vessels to Cape l'rancris, in the Island of St. Do.
flung°, where -I. was detained, from various causes, for about
three months ; and lust as .1 was
white
to sail, a general
massacre sock place, wherull the men, women, and
clukren, were put •to diFith ; and although they were
renidas t d dui In) hest endeavours to save the lives .of as
iany.as.lpossibls could. This, I confess, was an unwar-
tantalite Made taking in toe, beivg • perfedly sensible at the
time that was hazarding both my life and property ; and,
as might be expe:led, I Pas discovered in this exploit, put •
into a ou,igeon, condemned to be shot, and my vessel and
Largo seized but by the early intercourse and snirited con-
dud ot the A rmrican Consul, I was liberated on fourth
day of my confinement, not knowing all tiiat time-what was •
to have been my fate, beim, allowed communication with
none: The dungeon, was about" the size and thrin of a
baker's oven, so that I did not suppoSe I possibly could have
lived tour tionrs, irmett Icss four days, when I was.first put
--Some of those whose lives I ,VJS.enOavouring to save,
were coin Ladies of respect ; they were yet alive. and hid
in a liax.ei'soyen,•at. a time wnen above. pee lay dead in the
streels, and not a white face to be seentbut the few Aineri-
cans,' whowere mostly on board their ships. This was a ji
trying circtimstince•with me ; and a second time did I make
the attempt, aiii&suc.ceeded so far as to bring t 6 safe to New
York: this wii.s :mire than alt the rest ot rite Americans in
port did, although aboYe 33 in number. It it Was any con-
solation to receive flattery M-a Newspaper, I received that in
a very ample manner. Were 1 to give you as full 'detail of •
this horlid scene of, massacre and murder, it would not only
exceed the limits of a Letter, 'nit prove a painful task.
was nothing uncommon. to see one thrust of-a bayonet pierce
both the mother and.the child .she had in her arms, Whist
the clandshfer was stripped of her clothes, and put to death in
a mosilatbarous and indecent manner, too shocking to te. I
late."

On Sunday morning a man gathering herbs in
Nut-brown Wood, near Thanington; Kent,
vered the body of a man suspended to one of the
trees, alm )st in a 'state of putrefaetion ; on further
it was found that his mime was Henry La-
v ntay,' aprivaie' in the Sctits Greys, , and 'who had
served in' the capacity of a servant to Capt. flan.
kin, of that Regiment. 1-le had been mis.siug for
neatly a fortnight past, 'and 'was supposed to have
deserted ; the cause assigned for this rash ad, is
some tinbarrassment in an affair Of love With a wo.
man ,with Whoin he had been conneeted.
- There was it attic rrd on the t6tli' inst. in his Grace
,the Duke of Iluccleugh's gataz..ns, .11.1keith, one
cluster of apples of the following measurehtent round
each apple i 1.1,- itiche.,—two 22 inches---;.one
ro incheS;—one .91 inchei—tOtal
6z inches, or s feet' 24: inches.
Wednesday the wife of-a" MilLisitiglit belonging
to the Wapping Docks, walking near the baton;
with a little girl, abOut three years' of age, who'm
she suspetted of befog in 'danger of falling in, made
a spring to rescue the child, and unfortunately fell
in herself, and was literally 'dashed to pieces.
Same day a man and a boy fill itito the darn near
the five-engine belonging to' the Docks ; they were
both 'taken out apparently' lifeless, but by proper
.irpplicatian the bz;y was restored.
Wednesday sts'nnight two. men belonging' to a
bresii:.house'at North Shields having been' aCross the
water with some casks, one of them left his compa.
nion to moor the b,iar, 'but, thinking he stopped
Tong, returned;, when he found the poor man dead
in the boat.

On Monday seinnight as a girl, about to or 13
years of age; was digging in one of the sand.holeo
among the bents, near S Rub Plields, which was
much undermined, the sand.baok fell in upon her,
and nobody being near at the time to give her as.
sistance, she was unfortunately suffocated.
A few days ago itvo Gentlemen in the neigli.
hourhood of Limplugh, killed freVen woodcocks ; anti
t 1 succeeding day one of it►e Gentlemen killed
five.

Shquiar Oi'curience.—Some tine ago Mr. Ilir-
kerehlteray,' Winster, near Kendal, missed one
of his ihearling sheep, and having searched for it
hi :vain, gate it up as lost. Abzwt month after.:
wards, some Children, going into his malt.kilns to
play, on a rainy day, ditcovered the 'poor Inimal in
the cistern, It stems that it • had 'gone through a
window which opened into ;its pasture, and re.
maimed there a whole month without any food what.
-ever ;, yet it. is now likely to live and do. well.

A 1 (P: '4'o,,
DAY L,..1.
Bank. Stock, '• . . .., bnperiA 37P'er Cent. t, ' '
:Navy s per Cp. 911 1i . 9411tt Anil. g.6' • '
s per cent. 1797, 9i. I s per Ct. t7.,7, -t, 1:.,L. p.,i,1 i:t
Inch 5 per Co.:t, ' ' ' Api it, 99 s
4 Per Cent. 73i. 74 : . 3 per Cent. Cons .hat vI De-
; per Cent. Itzt 574 j Leinwr, tiiiVll 2.} I.+R ti,i ,s
3 .. Lent CU!) 58 i :ii. 3 per Cent. 172.5, .I.u; bi.).:L.
Bank Longman. 16 13- t6rns open 17 I all.
Diu° Short Ann. a Itt6ths _Navy sp:r-Ct,'_sttut 23 Nov.
Inth..t Stmk, igp.i . (pest ...2.1.1an. :
Excieluer Ltilli;p4r,,is.,;l,is; 1n4.4 '''Wt .k; shut 4 Dec. open'
:Ontiri.kant,, 8 i B,}, 8 , :.• ' '22 jaVV.• . • • '1 . '

1' 1; IC h, OF
V.E3I