The Sun.
London, England, 1804-02-07 00:00:00

MIDDLESEX ELECTION COMMITTEE.

THE greater part oryesterilay's Sitting was taken
up wiih the examination of Mr. ADOLPHUS (one of
Mr. MATIMARINO'S Inspectors,, :relative to
Lain points of the condud of the then Sheriff's, with
respect to the Eleaion. It had been contended, by
Mr. ADAM, on the part of those Gentlemen, that
the greater part of the matter which transpired,
could not regularly be. gone into, but that what re.
laced to the Votes was alone proper for considera-
tion. The contrary proposition was ably supported
by Mr. PrcoT, the Petitioner's Counsel. On this
point the sense of the Committee was taken, when,
we understand, the decision was, that thr general
condua of the Sheriff's, with .respea to the Eleaion,
was proper matter for consideration, and that evi-
dence Upon it might•be received.

CHORAL FUND.—The Annual Concert for the
Benefit of this very laudable Institution, which was,
foubded for the relief of decayed Members, their
Wives, and Daughters, took place last night at the
Haymarket Theatre. The Band consisted of the
most distinguished Members of the musical profes-
sion, and the vocal department was very ably filled
by HARRISON, BARTLEMAN, Miss RICHARDSON,
Miss TENNANT, and Miss CORRY: The Concert
was miscellaneous, and the several parts were judi.
ciously allotted to the respeetive Performers. BAR.
TH E LIMAN, a musical veteran of well-known skill, •
performed a solo on the violin, LINDLEY gave a
Concerto on the violoncello in his best manner, and
Mr. C. WESLEY contributed an Organ Concerto
with great powers of execution. The Vocal Per.
formers,. animated by the meritorious purpose of
the Institution, exerted themselves with fervid zeal
and admirable effed. HARRISON and BARTLEMAN
are too well known to the Public, and too gene-
rally admired, to need any eulogium on the present
occasion. Miss RICHARDSON and Miss TENNANT
acquitted theniselves with great ability. Miss CoR.
RY, who made her first public appearance in Lon.
don last night, displayed so much taste and execu-
tion in " Lit the bright Seraphiyn," that she pro-
mises to become a conspicucus ornament of the mu-
sical world. She received great applause. It is
with much pleasure we add, that the Concert was
so well attended as to afford a high gratification to
the Friends of Benevolence, as well as the Ad-
mirers of Music.

THE THEATRE.—The Comedy of The Country
Girl, altered from WYCH ERLY's County Wife,
was represented last night at Drury-lane Theatre..
Mrs. JORDAN drew forth all her rich comic spirit
in the part of Miss Peggy, ard highly delighted
the audience. This is one of her very best ilia_
ratters, and in such charaeters she must always
,be
attrataive. WROUGHTox played Moon:), with his
usual judgment and strong emotion. He dressed
the parr, however, too much in the style of Farmer
Fairfield. PALMER'S Sparkish was the best repre-,
sentation of the part that has been seen since tire
time of Donn. This Comedy, though it has un.
dergone much critical weeding, bears'Etrong•marks
of the wanton luxuriance which cliarafterized the
age in which it was written.

The Second. Part of IC;vg. Heriry th?-.Fozistir, which
hat' been revived in so superb a style at Covent
Garden Theatre, was.repeated there lasi night before
a numerous audience. The parts are altogether so.
well Supported, and the drama -is so admirable in it-
self, that its success is very creditable to •public'
taste. Finer. lessons of morality and raliaions
upon life, mingled with effusions of genuine .hu-
mour, can hardly be found in any of the works of.
its itmnrtal Author. KEMBLE in his dress, -gives
a vf-rY
,striking representation of King -henry, -and
renders it a very solemn and interesting piece of
acing. His brother Charles, is also very suc-
cessful in his exhibition of The Prince of Irqles.--
Coola's humour in Faistof grows more free and
easy, and MUNDEN, though. he
_sheaved a touch of
the Gout in Justice Shallow, was no otherwise lame
in his performance.

We take the earliest opportuflity to contradift a
false and slanderous paragraph, whidi we are very
sorry gained admission into our Paper of Saturby,
stating, that a grarid.daoghter of the celebrated Dr.
ATTERBURY, Bishop of Rochester, died in very
reduced circumstances a few days ago, at an obscure
lodging in St. Giles's.

Lieutenant Colonel BC:01SE has been found guilty
by the Court Martial, upon the charge of employ-
ing, contrary to his duty as an Officer, non-com-
missioned officers, privates, and recruits in his do..
mestic business. The sentence is, that he be pub.
licly reprimanded, and that the reprimand be print-
ed and sent to the several districts and regiments.
DUEL—Yesterday s'ennight a duel was fought
on the race course at Warwick, between Lieutenant
DEANS of the 6th Regiment of Foot, and T. AN.
NEsLEY, Esq'. The parties met at seven o'clock in
the morning, the former attended by Capt. LEESON,
and the latter by G. WooLLEY ; after exchanging
two shots each without eff'ea, the' seconds inter-
fered, and the parties were reconciled. -
The Duke of CUMBERLAND'S Sharp Shooters as.
sembled on Sunday morning at Chalk Farm, to fire
at a target for a medal given by Capt. BARBER.
During the exercise a spark:flew into the powder
horn of Mr. HENRY ANGELO, jun. which occasion.
ed its bursting. Mr. AN c ELo 's arm was much hurt
by the explosion, which- also much affed.aa Mr.
SETTERS, another of the Members. Nu fatal con-
sequence however is likely to ensue. Mr. ANGELO
notwithstanding this accident!emained in the field,
and afterwards placed his shot nearest the bull's eye.
Mr. ALLINGHAM gained the medal by the greatest
number of shots in the target.
It is remarkable that the French,/ General, the
Count de ROCHAMISEAU, and his son,' the present
General RoctiAmßEAu, should both
.be in a man-
ner the Commanders whose operations were to de-
cide the fate of two great Colonies, viz. America
and St. Domingo.—Lor.i CORNWALL ts's surrender
to the Count decided the fate of America, and his
son's capitulation that of S. Domingo.—RocnAm-
BAEu also surrendered Martinique in the last War.
An ox in the possession of a respectable farmer
at Llanrliaiadr, Denbigh, died 'last week at the
very extraordinary age of 35 years ; it was also of
a most prodigious size.

1:11r RETORT.

COURT OF KINC's BENCH, MONDAY, FEE. 6.

THE KING v. DOWLEY.

VOLUNTEERS.
AFTER some business had been gene throws!), ate!
the ATTORNEY GENERAL had come into Court fat
the purpose of praying Judg'nene on a nureber et
Defendants, who had been convicted of obstreling
Officers of the Revenue in the due execution of their
duty, and for other misdemeanours, &c. &c.
The CHIEF JUST/CE said, it had hen suggested
to himself and the other Judges, that it would he
matter of public convenience if the Court woell
give Judgment in the case of the King V. Dowley,
as soon as it could conveniently do so ; the Judges
had considered the case, and looked into the Acts of
Parliament, •and there was no occasion to trounce
Mr. ERSKINE for his Reply, it might therefore be
of some public convenience if the Court were now to
announce its Judgment.
It was unnecessary to state the fads of this ease,
as they appeared on the face of the Convidion, they
were very recently stated, and they were in rite
memory of every body.
In this ease the question appeared to the Court
to lie in a very narrow compass, and it was to he
considered on the fads as they appeared on the face.
of the Convilion, which might not he applicable to
another case; and.each case, of course, must he goo.
versed by its own circumstances.
The terms of the Southwark Volunteer Corps 'of
Cavalry, of which this Defendant was a Members
were to be found in the Rules and Regulations stated
in this Conviftioo, or indeed in the Statuses of the
34th and 4.zd of the King, to_which the Regulations
referred. Both the Statutes and the Regulatioos
themselves were totally silent as to the period durs
ing which each Member of the Corps was to c ris
tinue his service. Nothing was to be fosnd in the
Ad of the 34th ofthe King upon this point. The At
of the seed of the King, c. 66. sec. se, by reccgeizing
the Regulations of the Corps, gave power to a Vo-
lunteer to give notice of his intention to diseontinee
his service, and provided for the mode in which
the resignation should be signified, the expressions of
which provision clearly imported that the party had
the power of making the resignation by his own ad.
It appeared that if, before such a resignation, a per,
son had been drawn for the Militia, his exemption
as a Volunteer should cease, for that then he should
he liable to serve himself, or by substitute, as I
supernumerary, if there should be no vacancy in the
DistriEt for which he was drawn. The very ex-
pression of discontinuing his service, must imply
that a Member had it in his power to exercise the
right of resignation ; and by the statute of the 421
of the King, c. 66, the party is allowed to notify
his intention of discontinuing his service.. " Then-
came the Ad commonly called the Letts? en Masse
Ad, .which: regulated two descriptions of. men.
Those. who were Volunteers formed and .approved.
of by His I\lajesteter and whose services had beret
acceptedand thirst. who. were Volunteer?
Will ftg,r by' him,sexveunder that.Ad, End wlmsr names •
were to he returned by the Constables who returned
accounts of those dwdlinss in the parishes of which
they were to rte.ke returns, they were to give an
eccouut:of those who were willing to engage in the
service as Volunteers under that Att. 'fhis matter'.
wits :under the, eedesedion, 'and 'if the Volunteers •
amounted to a proportionate number therein stated,.
...His Majesty was to-have the power of suspending
the operation
.of the Ad ..which, required the -rvlass
to be trained and exercisesL—lllere his Lordship
read seelause out of the .9th sedien of this Army
en Masse Aft, which-relatei to the training of such.
as arc enrolled as Vetuntests, and which empowers
His Majesty to suspend the provisions of that At
in the event of Volunteers being of a certain pro.
portionate number, otherwisee that the 'provisions
of the Ad shall take place.j—His Lordship then
proceeded to observe, that nothing was here said
about the period ofethe service of Volunteers. All
that was to be found in this clause by way of sus.
pension of the Levy en Masse was, that the Vu.
lunteer Corps should be, in one case, of a given
proportionate number, and that in the
.other they
shall have been trained and exercised in a given
way, and that when under arms they who have so
,enrolled themselves under this last Aft, shall march.
when so commanded, &c. and if they did not com-
ply with such conditions, then the Levy err Masse
was to take effed ; but a suspension of that Act
could not impose upon any Volunteers previously
existing, any terms unless they had agreed to such
terms, and their offer. of services had been accepted
on such terms; and -as to c. 96, it treated only •of
services under that At; it spoke only of those who
were liable to serve under the Army en Masse, but
it was wholly silent with resped to the period of
service of the Volunteer Corps.
The last Statute was the 4.3d.0f Geo. HI. c.
sec. 9, and that Statute:left this -point untoticHi ;
for it related to Volunteers who appeared at tee
time of Invasion, and bad no reference whatever to
those who bore that charades before that time.--
There was a power given to cony ift persons for
non-payment of fines, and for non-compliance with
the Rules_and Regulations of the Corps previously
made, and the whole-must depend on the terms on
which the service of each Cops had been offered-
and accepted. However updn this Ad, commented,
upon as it had been, neither the scope or objed of
ir, or the terms of it, taken together, appeared to
the Court to warrant it, in saying that the express
power of retiring, ;'s it belonged to a member
of this Volunteer, Corps was revoked or. taken
away. The Court was therefore of opinion that.
the Defendant in this reseed was competent to exer.
cise the power of resignation, and having exercised
that power, this Conviction could not be maintain.
ed, hut must be quashed.
• Convidion quashed.

the last Term, upon, ao ioformation filed by thel
ATTORNEY GENER-AL, for a conspiracy to charge'
in the account of the Regiment, the pay of agreat
number of men in the Regiment-for twcid-ifs after
they were.dead ; for charging for asgreat number or
Serjeants and Corporals who never received any pay.
as such, some of Whom were appointed for a day'
only, and then brought back again into .the rinks,
hut were-continued in -the charge to Government„
&c. for the Purpose of defrauding Government, &c..
of which the Defendants were fowadrGuilty. • •
Mr. ER,KVIE, Mr. GIBB‘, and Mr. MARYAT
st.hiressed the Court for the Defendants, who pro_.
(Weed a number of Affidavits in their behalf from Sir
James Puiteney, Gen. Maitland, &.. giving to'
Col. Hepburn an excellent charader, &c. and seve-
ral gallant Officers on behalf of Capt. Tvl‘Cumening.
The ATTORNEY GENERAL spoke in aggravation.
After which they were committed to the King's
Bench Prison.
Mr. Gtsns observed that .Col. Hephtirn was
afiliard with-an illness which reepfired medical as-
sistance frequently on the sudden, had often been
obliged to resort to it at midnight, that to be de-
prived of it might endanger his life ; and therefore
he submitted to .the Court whether the Colonel
should not be admitted to bail.
The Court observed that the King's Bench Prison
afforded as much indulgence as any. Prisoner could
reasonably exiled.
They were then committed, and ordered to be
brought up on Jim last day of the Term.