The Sun.
London, England, 1804-02-25 00:00:00

CEYLON.

Tug following extr,t6i trtnn a p7iv2te letter con-
tains some additional particulars of the :melancholy
at Candy
The march of the British troops on the
.2d of
February, the carure of and the settling a
new King upon. the ,throne*; *the sickness of our
troops in garrison, and the proposals rbpeatedly
made on our part: for an accommodation, we have.
given before.

" The troops in Candy and the neigljbouring posts
dying daily and being much reduced by sickness,
the Candians formed a plan to rise en masse, on'a
c\'rtain day, all over, the island,' and massacre the
E'nglish troops. On the day appoint6d, about
z,OOO of: the natives surrounded Candy, and at-
tacked the Palace, which was , defended. with the.
greatest obstinacy by the 19th and the Malays, who
fought hand to hand for nearly two hours, and at
one time they could not load their pieces, but merely
-used the bayonet. After a desperate struggle, they
at last beat the Candians off with great slaughter.
We lost about 1 a or 14. killed and wounded, and
two gallant young men, Lieutenants I3L AYENEY Ad n
PL ENDER t.trrx,of the 19th. The surrender ofMajor
DAVIE: happened exaaly as we have already stated.
While our .troops were on
.their way to Thri-
comalee, the Adigar, on the a6rh, sent them a mes-
sage, saying, the King positively insisted that-they
should march back to Candy and lay down their
arms; and that Moo Too SW'AMMY, the new King,
should be given up to them. After some time Ma-
jor DAVI E marched back towards Candy; and was
met by the Adigar and theDissavacs or Chiefs, and
shewn where. they should pile their arms, close to
the town, . When that was done, the Europeans
were Marched to some distanCe from their arms,
which were immediately secured by the Candians.
The Malay, ,soldiers in our service were separated
from the Europeans and marched another waY.' The
Candians then took the. new King, Moo Too
SWAMMY, and put him to death on the spot. Maior
DAVI E and. Captain RUML EY, i)f. the Malay regi-
ments, and Captain 1-IumPHRFYS,' of the Bengal
Artillery, were separated from the rest of the Of:.
ficers. The other Officers, eight in number„ With
all the,men of the 19th, were then led away, tied
two and two.:. The greater part were then brought
into..the jungle in this state,
.and,. horrid to relate,
,beat against each other with clubs till. they expired.
The remainder, by two and.two, ibeir throats
cut ; one corporal pf the 19. th, as 'already stated;
only. escaping ; he had hk head and. neck 'despe.
nicely cut, and way thrown. among . the heap of
slain.; but at night was able to creer into
.the
wood, and m ,kefor he river, over which he swam,
thtligh very broad and'rapid, and escaped to Fort'
Nlocdowal. In all,, there were IjB Europeans. of
they i 9 h pt“ To death, and nearly the whole of the
Mdlays, who would not voluntarily enter into the
King's service.
" Many of those who did so to save their 'li ves,
contrived afterwards to eff'e their escape. Major
DAV lE, Captains Rum. EY and HUMP EIR Eri, were
kept Prisoners for some days after the first massacre,
and when the grand feast 'was made upon establish,
Sing the King again on the throne at Candy, these
unfortunate men were dragged out in the presence
of .the King.and all his Di,savacs, by command.
,of
the Adigar, and put to death in the :nost cruel and
inhuman manner.

" Several valuable Malay Officers perished in
their attempts to vote& the Europeans.. A very
fine young man, not above 17, Ensign BARRY, of
the Malay Corps, who was reserved ,from the ►first
slaughter, being sent for a few days after by the
Adigar, to come before the King, finding his exe_
cution at hand, snatched a sword from one of the
guards, and thrust it through his body.
" During the truce which was made between the
General and the King in May, the Candian Dissa-
vac of the four Codes, LEUI‘E RALEHAMIE, sud-
denly colleEfed•a large body of Candians, ,and en-
tered our territories at the village of Auagalla, en-
deavoured to force the Cingalese under our Govern-
ment to join them, but they fled towards rive coast,
where a detachment of 25 of the 65th Regiment,
and as many, of Ramsay's Corps, and about too
Lascarine Soldiers, marched to attack. them. After
a short contest, the Candians fled beyontl,Ruanelli,
leaving two of their guns and an image of BUDHA
behind them.

We are told that, in consequence of the in-
habitants of a village, in the route of the British
Troops in Ceylon, supplying •the latter very criti.
cally with a quantity of paddy, a party of Candian
Troops stationed' n the vicinity, Made a descent on.
the poor defenceless and unstispeding offenders, and
put them all to death.
" Notwithstanding the extreme difficulty of
roads in the vicinity of Candy, the passes have
been rendered still more difficult by the einaion of
a number of caravetys, or fortified gates which can
easily be defended by a very inferior force." -

This morning, aheut four oclock, a Fire broke
out at Chating.croSs, in the house of Messrs. WILD.
and BARRINGTON, cheesemongers, which burnt with
uncommon fierceness and rapidity. The engines from
the different Offices arrived very soon, and although
water was immediately procured, the house ,of
Messrs. Wm° and BARRINGTON, and the adjoin-
ing house belonging to Mr. THOMAS, a butcher,
were completely „destroyed ; and the house of Mr.
FOURDILI NI ER, the stationer, was very much da
maged, as were those of PLACE, a tailor, TAPST R'S
baths, and of Mr. WYnottmE, Craig's-court, the
fire communicating to all these' backwards, where it
could not well be got at by the engines. The
apartments of Mr. SMITH, of Bath, the Fossil
Co►leaor, fortunately escaped uninjured. The
Fire is supposed to have been occasioned by the
carelessness of a boy who was sitting up with a
light. A detachment of
,the Guards, and parties
from the Royal Westminster and other Volunteer
Corps, attended,- and-, were of great. service in.
keeping off the mob. We have a►ot heard- that any.,
lives were lost.

The Committee of Accounts of the Birminghatn
Volunteers, have given notice to the females of
that town and. neighbourhood, that their generous
sub,criptiop had completed 6500 flannel waistcoats,
Soo pairs of drawers, and 1600 night caps, for Cie
use of the above Corps,

LAW- IZEPOPT.,;-:

COURT KING'S BENCH-,'
SITTINGS IN WESTMINS,tER-HALL.

THE KING V. WRIGHT.

.:This was an indiarnent for obstructing the. Ki
highway. . •
Mr. Fellinghatn,' the PiOsecutor, hut made a v...ty'
considerable purchase' of land on the banks, and in
the vicinity of the Paddington Can 4, in that part
which is inclosed between the Uxbridge aud!Harrow
Toads, within the distance of.a few Miles frotniffyile
Park' Corner, and on a distria which has luhg'gone
under the.name of Wormold Wood. 'The questicin
arose on a cross-road, of the length of two milesf
which cuts at right angles the two roads we hat'e
mentioned; the expence of the:repairs necessary
this road was estimated at' about 30001. and the
objea of this alion was to determine by whom this
expence should be defrayed ;- or whether it was a
mere private way, which the contiguous - parishes
were not to be required to' repair. Messrs. Easitz
and LAW ES were concerned for the pro-secution, aid
Messrs. GIBBS and MARRYAT for the defence.

Mr. EL:SKI The question on this india.
theist will be reducedtis this': if the road in one—
tion be or be not a high road, open to all the King's
subjeets ? With great inconvenience I went to exa.
mine the place; and I am con vinced,. from-the mereinspeFuion,
insPedion, that it is a road of this description. You
all.know there is a canal Irons Paddington to lix_
bridge, which, from the immense. system of internal
navigation lately adopted, establishes a cortunnnica_
Lion between the capital and the most, distant coasts
of thc Island. , The proprietorS of that canal, be
the statute under which 'trey are authoriztd to pro.
_ceed in this great public' work, are required to Make
a path-ivay, a bridie-way, and a earriage-way, by
bridges,over the canal, wherever the channel ob"..
struds the ancient pasSae.- I do not use it as a
'conclusive argument, but as a strong presuMptive
one; that this was a public highway,,when I tell y 0,
that after having uxamine:d. the preten,,ions Isf the
parties, the surveyors of that work coostruded
spacious bridge for the transit 'of wagg-ns, antiNehl.
cies of every description. Mr. Felliogham has pur.
chased sixty acres of land its this neighbOurhood, and
he is not to he excluded ironi the ancient advantages
of this situation. My Lord will'recolled the sur..
prize .he expressed, when I Maintained an action
upon a. question, if there existed a highway upon the
broad pavement in Lamb's Conduit-street, A man
had disposed of his houses in that street, and. he
said to his occupants, You may shut up your doors,
and yOur windows, and let the premiSes.run,to de.,-
, Cayv fOr you shall have neither egress or, ingress,
without an action of trespass.'.. My Lard KEN-yoN
said, it was not to be endured, that a man slwsild
• sell his houses, grant a public right of way for a
given time,- and, then withdraw that right, and
expose, the premises to rot and rein on their.own
foundations. The importance of communication in
the road :to which the present indiament applies,
is of great consequence to the community at large.
An adjacent market is commenced at Pdtidingtorr,
.which no doubt, in a few
.years, will become the
Centre of the capital, when Covent. Garden be.
considered, probably, contemptible appendage of
the suburbs. It is not less important to the
vidual. Mr. Fellingham. 'creded, at a consider.
able expence, a tavern, for public entertainment, to
which persons resort alternately 'foil businessi and
pleasure,,and whether for the one, or for the other,
it seeks and it demands the protedion of the law."
Mr. ERsictscE then produCed. three_and.twenty
witnesses, by which he endeavoured to support his
position, that this was a road by immemorial cus.
tom; but in the opinion of, the Jury, it was nor eka.
Wished satisfadory grounds.:
Mr. GIBBS, on behalf of the Defendant, pro.
duced nearly an equal number of witnesses to' sinew
'that the road was a private means of communication
for the farmers in the neighbourhood, and that those
who had no right of cotnmon on Wormold Wood,
were trespassers.

Lord ELLENBOROUGH.---" The question
,is, if
this be an immemorial highway. With`resped_to the
allusion to Lamb's- Conduit-steeet,where there has
been a public.street, on which,houses have been
-eretted, and which houses , have been sold, every
thing will be concluded -to establish the right of
passing and repassing to the premises. It is true.,
and has. been supported in evidence, that the atten-
dant has shut up the road in question. If it be a.
public road, he has done..wiong ; -if it be a private
one, the charge in the IndiAthent does not apply to
him. A public road must be repaired and sup-
ported at the public expence, unless under peculiar
circumstances not to be here considere& There is
no evidence on this cause that this road has been
repaired at the public or parochial expence ; and if
the right bad been in the Public to demand this re..
pair, no doubt ,can be, admitted but it would
,have
been enforced. No engagement on the part of the
public has been proved .by these aged and infirm.
Witnesses. Here is a -.gate-keeper, the gates are
found to be-frequently loCked, and no semblance of
a general right is supported, -which must be released
from such itnpedimen. The matter seems to me to
be so clear, that I, need not enter into the particu-
lars of the evidence. If, Gentleinen, it, appears .to
you in a different light, 1 will detail .the testimony
which I have-taken down on my Note-book, with
much attention; and I hope with sufficient correit.
ness."—Not Gully.

FRIDAY, FEB. 24..

-THE, EARL OF BERKELEY at. THE ARCHBISHOP 0r

YORK.

Mr. GARROW stated this to brt an action of
Eje&ment brought by the Noble Earl .against hie
Grace the Archbishop of York. He•had, he said,
the honour of being Counsel for the Noble Earl, who
was Plaintiff in this Cause; and in the opening of
it he begged it to be Jistin&lv understood, there
Was no hostility between hip Noble Client and his
Grace the Archbi•Alop Of Yolk, who was th 4 De-
fendant upon this Record ; it was a mere qa:.stion
btought forward to try the civil tights of the Par-
ties upon a dry question of Ltw, *and
nothing the dec.ision of a Corr' of Law
deterniine. lie had nut tile ho.iuut of bclog

F

1

Frsonally n to his Crrae the ArchhiShop
of .h,Tk, girt he was well' aisured that those
that•- honour were proud testify their
sense of the public merit and private worth
of that grave and ReV. Prelate .Was
im
poi:sible not to have the most liVely regard for so
est tinab:e a charaCter. Lord '.Berkeley brought, for-.
ward this A.7tion with no other view but.a sense he
entertailnd of. his'. do%y; not to himsellor.his own;
interest, .but to rt!ose who in the order otnatnte,
were likely to surv,ive.him:; it was itom a se-o%e
0' ivy to those that hr foresatd zhe present.
quest !,, fur owaLlife, it was impos,tb,e
Le-could .letive much et,t vantage from
.this cause, if
the issue shoo d he I..uad in .his favour.
'The Noble Earl was the lar.dlord of the palace'
now occupied by his Gr.tce, in the county of Mid—
diesex, under- a devise in a will of ancient date,
which gave evrtain Trustees power to let under
lease, this noble 'mansion or, pal ice, for. the best;
and most improved yearly rent w hich'could be 'oad.or
gotten for. the same,
.and so a'. that in .every. such'
lease there shall be.coritained the. like clauSes„
cq
venants and agreements, as are.usual,in building pr
repajring leases. • • . : ;
Thy tenurz: of His Grace the Archbishop, Was
'tinder an ancient lease (A. ; and the Single
question was, whither the original de'ntise was made 1
f>r tilt b:-st'ard improved rent that could be..
or gotlen for the same ? And this he said, -was
to ._.,, s;deled upon the rri-s, no3trsiand,
z oat could be ai2plied to the subject ; and as the
Jary should find the-one way or the. other, the vet.
-ilia would be for the Main:lir-or theDalend:tni
Alter till• cause had proc:eeded. in a.cdnsiderahle
length, the ilut.-stiori 'bet ween the parties.' was le_
&Iced to a point' of law, which was reserved for the
-opinic;n Li the Court,
S.:;:ile other causes came on, butthey.yerenut-

of any general interest:.
The 'Jut' in causes, for bribery alledged to have
'been,corntnitted at the late eleCtion for that City,
"-went off tur want of a sufficient attendance of Spe.
'ridi Julies.