The Sun.
London, England, 1804-12-18 00:00:00

COURT OF KING's BENCH, Dee..Y•j..

1-11ZP.R. ROAR"TON MAlLit-111WS AND rtratraui.L.
' t .
Alf* GARROW stated,
.that the Pleiintifr was a
Felon Dealer ; the . b.cietidants had been Bank.
!rows,. but resumed iheirtrading.cOileefilS.After
'Commission. Prior to their obtaining their Certifi-
cate they made a contrad with the Plaintiff for
:the purchase of thirty, bales of Stnyrna cotton, viz.
on the -ad of September,. Iso3. They soon after-
wards obtained their Certificate, and therefOre re.
executed their contrael on, the zoth of atceinber,.
of the same year. It was in the following .terms
"• We agree to give Mr. figzekiati .Egerton nine.,
teen pence per: pound for thirty bales of Smyrna •
cotton. Customary .allowances to be made; and
the Cv.ntraft to be in effe4 as soon as cur Certificate,
is complete.," -
Mr. Glass, for the Defendants, ,terok art objec..
don to the Contraft, which-was: fatal ,;u it, He
.said, the. principle which ,was, applied to the case
of Waine and_ Walter, was that on which he grounded
the present application for a rTuttsuir.. Tretewas,
nothing in this agreement to spew the consideration.
for which the. Delendants. promised to purchase.
This was a contrad for execution at a‘futureday,
and the consideratiorunust stated, otherwi,selt
is nugatory, under the Statute of Fraud. ,
Plaintiff tionsuited.

WYLLIE 4/. J. A/Wit..THAW, AND. J. JODSON.
EICSICINE said; the Plairoifli.-was,Proprietor
of a small Sloop of si*ty:five tons, called the Anne.
and Mary •the Defendant. was Captain. and part.
owner of-a'Brig in. he coil tradc„,iol.ohe hundred
and
.fifty tons burthen, called the !SU.), Anne. •These
two vessels were off the coast Of 'detic-Agit; 'where
the Ship of the Defendant, although' having the
wind, and. capable of taking _any ,diretlion, bore:
down upon the Sloop of the Plaintiff; and souk her;
the Crew had just time to'-'heaVe out the boat for
the preiervation of their lives. 'The Learned:Cotiii.
scl said, tharthe law•ofthe sea was,- as' well under-
stood as the rule of the iroad ; a Sitio whichitad
the wind was alwayi. tq give way to 'the vesel
whidt had- Uot this advantage,, Thcte wt ::`,e no
such tricks praailett,at ,sea as ,were admitted, cot
shore. A stage coachman might take pleasure in
sweating a buggy; btir not only the-ample space'on,
the. watery element, but ;the clanger to, those •wlio
venture upon it, prevented:ail these amusing Con-
tests and experiments, It . was, eleven o'clock at
night, biit the weather Was 'so clear, that a Vessel
might be distinguished at the distance of half. a
mile. ) The Defendant' a Ship, ,frotur '.having tl9e
wind, might have spun round the other like atop,
and have been put to the starboard or larboard
helm, at pleasure. • The Captain was beloW';' it Wii;
the Mate's watch, and unfortunately the 'Cook will
at the helm : this useful persOn might be well;
skilled in preventing his pot from boiling over, but
he was a very indifferent steersman. To the .roail,
if a person happened to be benighted on 'a black
soil, he could Scarcely discern the path,; it was
not so at sea ; there •was a luminous appearance
upon the water, which enabled the, ofilerver dis.
tinely to see, even at midnight; bodies floating on
the Surface. - The. Crew of the 'small Shin saw the
Larger approaching, their hailed her,•and the 'd tiger
growing every _moment :mote imminent, their cries
became loader, yet no attention wharever.AvAl•Palif
roiheir situation.: the'Sltop was.cut down to the
water's edge, by the
,violenee of the shock; and
although she .almOst instantly Went the Dr'nj
fondant had not eventhe. humanity to siatken $83,1,
and hoist, chit his boats to prevent then -most fatal
consequence to the Crew of the wreck. Ile.pflud
aura) as hard as he could, a" marsontetirnes be seen,
on land, like a driver, to avoid discovery when he
has done some Mischief for which he may be Called'
upon to answer in damages. •
Mr. Macfarlan, the LS/late of the ttnaller vessel,
and James Sawkey, the helmsman, confirmed the
fats stated in the opening of the Learned Counsel.
On the prodUetion• of the Register, it-appeared,
that James. and Roherr Thew were•the Proprietors;
in conjunaion with Janies johson, who, .however,
had alienated his share before' the Comtniticement of
the /talon.

Mr. PARKS, on thirground, contended ror a non.
suiti but the objtetion was over. Tided. The Learn:
od Counsel then addiessed the Court nod Jury, and
argdetl, that if any party 'were • to blame for the
accident, was the Crew 'of- the Mary Anne.-:
True it was, that they called out from the. fore,
castle, hut the exclamation was, 4, y;
put your helm a.port I" With this diredion the
Defendant,• whether Pilot or Conk, literally corn.
plied. Witnesses were then called. support.of
this assertion; but a material &fat in the ,evidence
arose, from the boy at the &mastic, whose buil.
nets it was to look-out forward, not having been
produced to give testimony to the attentive dis.
charge of his duty. ...
Lord ELLINROROVGH.."--" I think the absence
4 the boy is conclusive ; but James Jobson not
being a Proprietor, should not be included in the
Verdi 0..

Verdia against James and Robert Thew, and fig
;the Defendant James jiibion.
Durini the trial of the preceding cause, .•applica.
:tion was.made for the proteaion of a sailor, who
tame up at a •witness on his subpoena. In his
progress to the Court he was stopped by the Lieu.;.
tenant of a press-gang, who at least so far respeded
the public.procieding on which he was called, :.as -to
liberate his 'person. but, he kept his'protetlioni de.
siring him to call for it on his
N return.
Lord ELLEBOROUCti said; he'Should not.he In.
terrupted in his return,' and he would take.* all the
parties into custody in ease of any obstruaion.—
Notwithstanding this observation 'from such high
atithority,- the man Was afraid to apply at.the ren.
4ezvous for the proteetion detained there: To re
move his antiety, the LORD Ott ss. Justice or-
dered the Tipstaff to attend the 'Sailor, who was
&retied to
,see that the protedion -was. delivered
back; and to bring into Court any p erson who should
prevent the free passage of the

Yesterday;.at Marlborough; street, a puhlicah in
the parish of 4t„- George, Ulantiver.spare, was tined
los. arid Cosis, for suffering watchmen to.tipOe in
his house after the setting of the watch.

COMMISSION OF OYER AND TEnmtivtßi

BEFOR V BARONS ,MITH AND

On TUeselay. Parr Carroll ‘vas tried,..tipoo differ,
.rent Inditiments, for having had in his possession.
,certain notes of The Bank of Ireland, and others of
'the Bank of Messrs. &resford, ,knowing the
to'have been stolen, &c. This trial t.ok 01, con.:
siderable time, and proveri., particularly interest_;
It appeared from thexividence of the Prose.-
,:cutirni, that can the night Qf ,the, 3fh 'February Fast',
'certainlet fere; coniaining.t)re riotes alluded to, had
'been dbly •pnt . into the liliiblin,,Post.ciffiq, and
were forwarded by ,the NarthernY Mail Coach; one.,
chhem- was particulatly.direiled, to Jarws 410 watrE q; 'lCiltyartj .n,,„
;10,f:contained: -6o :ball notes
the Ba'nk' of Irelatid,-. of One vonnti7 each, which-,
'were forehe,use of.a Mr; Williaitt,Garret,
gannon. The Mail-coach artisted:next Inorningtail
Newry, from whence, as.was then customary, 'the
letters, &e.-forsCookstown,-Dungartrion, at-Wernher
places, • were stot 'by a.post...hoy,to their
townit.', The bly,.who svarnaboutfiltegoi.yeAr44)
age, 'rude forward- with- Aim: lerter,bags_totrittsciAtt;
Cookstown,: but did .notarrive, Afro at the... 145,..
expeded, which 'it-Moved the..Post;ma>ler tokemt.,
some person to
,nuke - inkplity ab,_eut him
road. -In,the-mearttitne,..the
.hove .t lip boy,
ihattrode-ittriiett.:at the %vi 0091.014,.
rider'orkftic• letters, hosing s)fti.v,,..-with hint '"the
.saddlekaisti;britile, . the Iltiter-.01.04441) ly.Ll Qat.
It iraie mai.: obvious that- sourerittischano: had he-
fallsri.relre:,pos t .bny,. and thereforeAle.,Por,t4master,,
'tvith4joine Country yeomartryo went ,in.,t;';ficlk at;
him; and eventually he watt; disouvered.,buried
well,'with.."hift head downwaed, and 14 heatry stone,
placed on him,- having been'rol*cd andtourderedti
atut having several large. cuts •abOutal,,iri .
happened :at :a place
.and in i•t,
ditch sitar the place 'where, the ,otnett was,,c4M.,
mitred were fountl.the letter-Wisp, :.wldth bad beeW,
emptied:of every thing but a. few, Newspaisers,-1,
Some. information' having been given,. a- man of the,
name.br Mohan,. who lived in Progbeda, a dealt r
in cattle, was tried for-the-KohbeirAnd niuttrtr
the last Aisizes for Armagh, convieleth- 5114 ex 5....•
cuted. It 'appeared, ihkt, this Mohan bpd the
saner Carroll were both .of the same 'butiness,,ant.e.'
acquainted; that. Carroll. kept a publie.honse at
Well-gate, .Drogheda, Molmn fiequenkdA:
but which Carroll, upon Mohan's apprehrtistml,
semi!, :and lie was observed to abscond !ruin the,
town. ' • ;.
'The .half notes which .had. been sent off from
Dublin' on the r+thof • F,-br-uary to Mr., Stewart,
never arrived,. having been,-as appeared, 'among the
letters -of.which the.post.buy
_had been robbed,
before. diet' cloned ; but 'the other halves of
.said
mites .wete duly received by Mr, Stewart, by a
subm.qiient post. Some inlOrmition was at .length,
received against - the Priioner Carroll, as being an
accoMpliee in the robbery and mur.ler ; rrtd being
traced to Dublin.; he .wits' arrested by-a Yeace.oili.
eer and some assistants at a house.
Here he made some resistance ;. but being over.
00,weriti,lie was brought toSt; Paul's watch.housr,
and, on search• a pocket-hnuk'was found uFori him,
containing' several 'half‘motes„ and also a consider..
able uumber of the half-noses of which the post.boy"
had been, robbed,. aod,which hinl;,been'Airetffed to
Mr. Stewart, Were.lound concealed under.his
between his skin andbis.atowsers„ .The prisoner,
defence,. pretended ,tliat,the notes were,
foUnd.amongst some straw it; the.yard of
,the house,
where, they !had been' put' by.. 40flie person uuktio.ovri
to hint. . A. woman ,was -produced,..who swore that
she. was present when, the Piisoottes daughter
Covered 'them, as before-mentioned ; and it was •
insisted the Prisoner had 'come to Dublin, for the
purpose of detiliering them up CO . Mr. Thuntiont.
Agent for the Post.xffic.t: ; and thst when found on:
the Prisoner they were rolled up in a piece. of Pa.:,
,
per actually. direaed to Mr. Tnomko.n. , ,
Baron Surrxeharged the Jury, who brought iri
a .verdict:-guiltyof the 14446.7, but,NptOuilty
th`e Murder.

Mowlay a Post Assembly :waa held at the F 4.-
Willious-street, for the purpose Of
irnislosing.the interference of tlic.Legislaturc.,iti
ballot'. the Baker* of this, city.. .The busipess was,
opened by Mr. I. MAN,D SAS ; Messrs.
I.IIY, CAR LUTON, KELLY, inki •CR YEN, took an.
active part in the debate. It.waf,suggestc4,l4
the latter.GentlCinan, that at all wears the London
plan shOuld he adiipled, the weight sta
tionary and invariable, and applyiug the price to
Jte fluattation of that which gov,crned . the middle
rate. of flour. Mr. Cit. AV a N moved fora Conference
hetween'the Aldermen and Commono, to discuss
and submit the r.ubjed to the ItivetiAl Legislature,
which was unanimously carried ; but the Alder.
men sent down a requisition to pystponethe.4,
cussiorr of the subjett until 'he next -Quarter AS.
seruhly ; which being concurred the Meeting
olissolVcd-

Saturday'sestinight,.berWeen five and six o'clock
in the evening, as• Mr.. Thomas Haddon, of Hof_
church, was returning from War Wick marker, he
.wss stopped by two footpads, who struck him a
violent, blow on the head, and robbed him of four
101: Warwick and Warwickshire Bank bjlls,, and
citeck'for bpi. besides 9 or ten shillings' in silver.
.•On
_Tuesday sennight, in the evening, some
•pers'on Or ;persons broke into a stable belonging to
Mr: Thomas Ross, of Sutton,' and stole from thence
several geese ; one of them was.tw.entyyeight ycara
• old and what is extraordinary, ,for the last two,
ty:six years had brought up sways, young once
every. year oti an average. • . .
TharTaiinsi Rarciur affright and.itttly so, an
iminense throng to each Performances is ma.
illicit to the whole town,' and,that the Proprietors
of the Theatres hod they``hasc draWn in him a most
capital Prize, is no less eVidint. The time, how,
ever, is rapidly approaching, when cruuda will
assemble at other n!rotS than:oo4e
andeovent Gartlen.• -The 'linnet-our
which .the G.eat Litte-cy preset;;.,
atitaa many a tlitung in the various Temples of
name Fortune, lest She might dispose, as was•noto.
tiOu"sly the 'case last Lottery, of all liermote. valuab;c
before ilte•Dta.sa- log commencvd.

Other persons attempted .to vote in respel of real
Freeholds, with accurate descriptions of which they
were provided, hut, to which they had no kind of
title. As the Frson of the real Freeholder was'
commonly unknown to the inspedois, these Voters
often succeeded in polling; and as they gave itaalse
descriptions of their names and residence, it is next
to inti ossible to trace them, To favour the. decep.
tion, instances were prudently seleded in whieft
the Freeholder was known to have determrned not
to vote for either party.; and thus many Freeholds,
the owners of which resolved to be neuter, have
furnished Voters for Sir Francis Burdett. In some
instances there is reason to believe that the fraud
was favoured by the real Freeholder, whose zeal in
the cause led bins perhaps to
,rejoice that his Free.
hold could; roduce two votes instead of one. This
conitelure is paiticularly warranted with regard to

PRICE OF
)I•ltsiAt

Bank Stock,
Navy c pet •C shut.
per-Ctuit. 1797,
Irish 5 per Cent.
4 per Corm' 741 i
j pe►' Ctott. lien. 5, I
3 :'e, Cent Cun shut
tlAnk "L. Ann, ri-t6ths
Ditto Short Ann. 2 I t= altos

Wl's'DONt Printed by it ett Alio 14 An Ai 5, tot No, .'.l, Mari
At the Sutt.Orr ZC s, No. At &rand; *here