The Sun.
London, England, 1804-02-04 00:00:00

HABEAS CORPUS

Mr. JARV Is moved that an Habeas Corpus, com-
mantling the Captain of a Ship of War to bring up
the body of an impressed man, which had been serv-
ed on the Captain, and returned by him, miglit be
filed, and that, on the undertaking of the Solicitor
for the Admiralty, the man should be discharged,
if, upon hearing of the case, the Court should de-
termine that he was entitled to his discharge, his
personal appearance should be dispensed with at the
tune of shewiiig cause against this application. •
CHIEF JusTic E-" Have you any precedent for
this application ? I dare not make a precedent of
this kind; and I should see a great number of pre-
cederns before I should follow them, in order to
take the undertaking of any body to do any thing,
without producing in this Court the body of the
person on whose behalf this Writ has issued."

Mr. JARvis quoted a case, which he said was in
all its circumstances precisely similar to this, in
which, after a full hearing by the Court, the man
was remanded to the service, the Court being of
opinion that he was not entitled to his discharge.
There was no doubt that the man was a Sailor, and
it was stated, that he was not entitled to any of
the exemptions
.pointed out by the law against the
Impress Service.

The CHIEF JUST IC E.-" In the case you have
quoted, the Writ was complied with, for the body
of the man was brought into Court, and he was
afterwards disposed of in due course of law; but I
dare not create a precedent to dispense with per-
sonal appearance of a man ordered to be brought in-
to this Court upon Habeas Corpus."
Mr. Justice LAW R ENCE.—" Probably, all that
will be done when the man is brought up, will be
to be remanded, as was done in the case which you
have quoted, for he may be continued in the service
notwithstanding he is brought before this Court by
Habeas,Corpus,"

The CHIEF JusTic R.—" The Writ of Habeas
Corpus is too sacred a writ to allow of its execution
being qualified in any manner whatever."
Mr. JAR,/ is asked, if the Court would have the
goodness to allow until the last day of the Term for
making the return ?
The CHIEF JusTtcr.—" That is too long.--
Where is the man ?"

Mr. JARv is said he eras in the North Seas.
• The CHIEF JUSTICE.- " We shall allow a
shorter time than that ; if you cannot bring up the
man, we may enlarge the time again. I have no
idea that the Writ will be eluded, but it is a sacred
Writ, and must be obeyed."
Mr. JAR vis said, that the Writ was served upon
my Lord Keith. His Lordship had not then the
man on board, and could not immediately bring him
up.

Mr. Justice LAWRENCE.—" The Return is, that
he is a Seaman, that you impressed him, awl that
he is not entitled to any exemptions."
JARVIS.-" Yes, my Lord; but I hope we
shall have time to bring him up."
The CHIEF. JUSTICE.-" Take 'until this day
se'nnight."

Mr.
DAMrIER moved for an information in the
nature of Quo Warrant°, calling on Wm. Harper,
Esq. to shew by what authority he claims to be
Mayor of the Town of Liverpool, on the ground
that he had been sworn into that Office in a manner
that was inconsistent with the Charter of that
Town. He tnade the same Motion against two of
the Bailiffs upon the same ground.
Rule to shew cause granted.

Mr. GARROW moved for leave to fi'e a Criminal
Information against a Gentleman of the Lame of

Clerk, fclr sending a letter full of irritating Litz
guage to a Gentleman of the name of Churchill:
who was a manufaeturer of hosiery, and who
the honour of commanding a Volunteer Corp. :rt
the country. Mr. Clerk purchased hosiery of Mr.
Churchill to the amount of r 431. for which lie gave
a Bill of Exchange, which Mr. Churchill paid att,l,
in the usual course of business. When it was due
the person holding it presented it for payment. Mr,
Clerk proposed to give a check upon his Banker for
it. The person who presented the Bill, said, thdt
if Mr. Clerk chose to make it payable at his
Banker's, he would take it there, but it was out of
the course of. business to rake a cheque for an ac-
ceptance of a Bill, and he would not take it ; he
went away—the bill was afterwards noted, but the
money was paid immediately. Some time after..
wards Mr. Clerk wrote a letter to 11,1 r. Churchill,
calling this transaftion '' Jewish," and using son
hard epithets, threatening to expose Mr. Churchi:l,
The CHIEF JUSTICE said, that this was a fitter
case for an indiament than fur an Information.
Rule refused.

IRISH COURT OF EXCHEQUER, TANOARY 23.

CARMICHAEL V. MAGEE.
Tuts was an anion of trespass laid by the Plain,'
tiff to obtain damages, which in the declaration
were laid at eoool. from the Defendant for criminal
conversation with the Plaintiff's wife,
The SOLICITOR GENERAL, for the Plaintiff,
stated, that his client was a man who, though removed
from an elevated, sphere of life, still obtained credit
and estimation for superior integrity, good conduit,
and industry among the most useful, and perhaps in-
trinsically, the most respectable class of the commu-
nity, that is, the trading world.—He served with
singular fidelity in the business of Mr. Weldon, a
silk-mercer, in College. Green, where he first saw
the Defendant, who was an apprentice there. The
philanthropy of the Plaintiff's disposition induced
him to take notice of a youth, who for a time dis-
played in his conduft all the promising advantages
of a permanent good clno after. His marks of friend-
ship for this young man were numerous, he assidu-
ously attended to his instruction as a man of busi-
ness—his advice to him was cordial, afreftionate and
endearing, and every proof of zealous regard for
him which he could with propriety shew, he never
in that situation shrunk from. The Plaintiff at
length obtained the benefit of the flittering repura_
lion he had established for himself, and, in conse-
quence, was removed from his employment as .a
Clerk, to a situation approaching nearer to indc.
pendence.. He became Agent and Manager at the
Irish Silk Warehouse, in Parliament-street, and took
up his residence with a wife and four children-there.
A removal from the daily conversation of his bosom
friend,- the Defendant, did not estrange his attach-
ment to him, and he willingly conceded to the
earnest solicitations of the Defendant to take bi:o
itvo his house as an inmate, to diet and lodge. Fne
Defendant had nor been long in this situation, when
an imprudent, if not a cu.pable change in his gene-
ral conduCt and deportment occurred. Jr was at
first evinced by late hours and frequent intoxlemiorn
The Plaintiff, from repeated instances of this de-
scription, at length remonstrated as the unceasing
friend on the injury he was doing himself, and the
irreparable stab he was about to give his own cha-
r:atter, at the commencement of his career through,
life. These kind admonitions, however, proved
unavailing, while riot and disorder, superadded to
drunkenness in the Plaintiff's family, at length coal.
pelled him' to expel a guest so troublesome from his
house ; shortly after his expulsion in the month of
August last, the Defendant found means to accom.
plish an elopement with the Plaintiff's wife to
Wales, for which
.place he had sufficient address to
procure a passport for loth under f&gned charaderi.
They had not remained long together at the other
side of the Channel, when the Defendant, as if to
triumph over and insult the miseries he alone had
infliaed on his client, came hack again with this
polluted partner of his bed, and took lodgings at
Clontarf, under a false name, where they passed for
man and wife. In this retreat, after a week's co-
habitation, they were at length discovered by the
distrafted husband, who, in consequence, marked a
fiat against the Defendant ; on which he was taken
and committer'. to gaol. Even in this situation, the
Defendant's depravity sstis found to inertase, and
procuring leave of admittance for die unhappy oh:
jet of his seduaion, their guilty commerce was r,!-
peated. The Defendair, howev,ef, obtained a tern.
porary liberty, on giving in bail of 70001. to the
fiat, an irrefragable argument against any attempt
which the ingenuity of the Defendant's Counsel
might urge, to arrest the sympathy or commihera.
tion of the jury on the alledged poverty of their
client,

Mr. PLUNKRT, in his statement, expatiated with
much energy and elocution on the excess of cmno..
bial felicity which his client enjoyed with a wife
whom he loved with•an uncommon ardour of affee.
tion. He was also peculiarly impressive and edify-
ing in those moral inktenccs he drew from a situa-
tion'of that description, and th(! immense weir ht of
turpitude and atrocity attached to those crimes by
which domestic happiness must fur ever be sub.
verred.

The circumstances of a marriage between the
Plaintiff and his wife, solemnized by a Cur:J.te r
the Established Church, and the uncot n afieo:
which for years subsisted between there •
.on
rally proved.
•
John Murray proved, that he gave a certificate
to the Defendant, while speaking of a Lady, his --*S••.'
cousin_german, whose delicate state of health obfl'red
.her to go to Wales, that they !night obtain a pass-
port from the Superintendant Magistrate, which
they in consequence got for themselves and:a child.
The cohabitation of the parties at a lodging-house
at Clontarf, in the month of Anzust last, under the
feigned names of Mr. and Mrs. Dempsey, was proved
by Christopher Mangno-and his wife, who let thern
the lodgings. A Lady who lodged at .the same
house, gave testimony in orrob(,ration. Mrs.
Mangan deposed to the circumstance of the parties
I aving been deteded at the end of eig:t tlqs
their lodgings by the .eiaint.LT's lir.ther and she
Lades .tunt, and that the pkintiff arrived
there, who, on suing his wife, drYpped littiess

On Wednesday se'nnight the river Eden present_
el a very singular and a very picturesque appsar-
-nce. Swoln by the rains of the preceding week,
had greatly ovetflowed its banks, and completely
%laced ail the low lands in the
.neighbottNood
inu. rlisle. It stretched out like an immense. lake,
of C. xtensive estuary, in many places above•three
or an c of a :nite broad. The water approached to
quarter; of the city, and the buttresses of the
-he to arise abruptly from tire water. The
• fl:t about Carlisle were completely im-
mersed, and no land was visible, except the hills
which close the vale from Carlisle to Beaumont.
A Letter from Dublin, of January 30, says,—
" The Post-boy conveying the Mail from &Ili-
. nasloe to Castlebtakeney, was stopped at Kilcloo_
ney, on the evening of the zoth inst. by two, men
armed with knives and long sticks; who robbed
him of the whole Mail, containing the bags of let.
ters for the following post towns, viz, Ballina,
Ballinrobe, Ballyvary, Castlebar, Castlelslakeriey;
Deal Castle, Dantpore, Eyrcourt, Headford, tlol-
lymount, Killalla, Newport, Mayo, Portumna,
Swiniford, Tuam; Westport."

it

" Should the descent be effeded at different points,
the English would be at a loss to know against
which Column' to direr} their principal force: their
attention would be thus divided, and when one of
the English Columns were beaten, they would all
retreat towards the Capital.
" It would not be difficult to drive the English
forces'into London.. In a few days then the Capi-
tal would be starved. Such a City as London
cannot be provisioned, for any length of time.
A Bombardment. would finish the redudion of
the City; the more so when the reputation of the
superiority of French discipline shall be estab-
lished.—A strift adherence to discipline will be
necessary on the part of the French, as a.departure
therefrom, may cause the failure of the enterpriie.
" London will be soon restored, if the French

GRAVESEND, ERR. 2.
Sailed—the Harriott, Clark, for Africa; Hopewell, Wil-
liams, for llarbadoes ; Stranger, •Champion, for Jamaica ;
Endraght, Schut, for Amsterdam ; and the Vrow Gesina,
Osiers, for Embden.

LONDON: Printed by BUCHANAN WMILLAN, (of Bow_ Street, Covent-Garden); and Fubilshed Am AR MIG" SCRIPPS, (Of ,o LIT Moiron-street, Grosvenor.squue):
At the SIJN.OF, ICS, No. 112, Strand; where Advertisements) Orders fur the Paper, Letters ftl the Edavr, &c. (post..pard), must be addressed.