The Sun.
London, England, 1804-08-15 00:00:00

GT•III3ONS V. 11.ENDERGMT.

,Cour,isellor „Loy sail, this is a case in which P.
Gibbons, the Plaintiff, comes before tfie•Court and
'lurk ;to demand reparation and damages against Mr.-
'emit.rgast:T of the Tipperary Militia, far having,
wilfully-and maliciously destroyed a Sloop belOng.
inc.. to- io the year .198,, in: the Bay • .
Ge„arits. mi.. Joy sfated; that the 'Plaintiff was
•

o.yner of the Sloop Trial, ..of which one Mills. Was".
0 Captain. Tlvit jtine 1798, they put,, into Red
Flay,' where the Capiairi went on shore to his
family, and during his absence,
,three rebels *ent
on hoard the vc:),icl;• and threatened. to piLt the.
sailors to death, if 'they 4,1 rpt.imrhedintely. sail
with thein f)r Scotland. when the Captain,
we'nt. -on bi)a td and found things in that situation,

. _
he proinised. to comply with. their dimands, but
by 'various 'pretences, such as Contrary winds, &c.
he kept lying off and -on, expedini some vessel would
fall in With him and.tbkehim.. That 'not being
the env; theSe .three men obliged 'the Clptain to
sail for Cantyre, where they were-,landed in the
boat. SOme. days after this, wkin the Vessel re.
tuyned to Glenarm Biy Captain Pendergast or.
-dk:red the Vessel tobe-4.lesit.,)td, but part of the'
materials fie sold fonds own use.,
Pattirk-Delargy said, he knows Mr. Gibbons,'
and in his Slonl), the Trial, in tj9B:.''
wrri,i,,rs the Vessel being Seixcd hy three Rebds in
n7l.
118 were landed in SCotland.
/.
w.. 0 commanded, lk afterwards tried and found
guiity•of:high:treson.
Black said, itv.o9B.lle was • on- board the
Trier/ ;",die came to Red 114 Y,
,where she remained
two•ilay.i and. 666 night. After it was night three
men came onboard, and the Vessel sailed in two
hours after.• The Captain wanted
.to put them •
ashore, bUt they would not. go. They had each a
CAW pistol9.' 7pAy then sailed toCantyre, where
the Captain -and a boy went ashore in the boat with'
them. The, boat retu'rned in four hcThrs, and the;
Vessel stood back for Red lily.' There was ano.
thee. Vessel near the Triyl... when the rebels seized
her, but tio.signal,was thrown out for assistance.
Robert Wilson 'stated, that he went to Sctitiand
in pursuit of three rebels, Who were aoprehent)ed
and'carried to'Bzlfast. He, (the Witness.) then re.
Inr4d to C.Tenarrti, where lia assisted to burn the
• Sloop Tria, by 'command of Captain Pendergast.
'No. part of her was sold. All the rigging .was
burnt, except a small pan which the Witness
Captain Pendergast was very aCtive in taking rebels.
Has
,also heard,. and does believe, that he. received .
orders tram Colonel- Clavring to, burn the Trial,
tit has also heard 'Mills say that the, time rebels

gave hint money' ftr patting theloashore. Does not
that Captain •Pendergast, burnt the Vessel
fJough malice„ but that. he thought he was doing
rot; a' the time; nor does he believe he ever. sold
any part 41 %IP-Ws:se!,
Coun>ellor M'CARTNEY ati4eSSe4 the Jury. He
s ,tro, lino dr 'the I,oie or the Rebellion, General
Nogeot hati for all vessels to lit pro.
tiorted float salting, .rn prevent the 'rebels escaping
to Scorfand. Thar Colonel Claveririg commanded
Cavan). Perulergast to burn the Plaihtiff's
had Ikea employed in aid.
the escape of rebels ; anti this was done as
tieccs,ary ine.,SUre, in order to,suppress the Rebel_
lien. Orders vv ere at tin: same time 'given to burn
the house of Milts, and these orders, under the
haintof 'Colonel Covering, are now ready to be
prialked. He observed that Captain Pendeigast
was bound to :obey the commands of lit Superior
Odicera or he would have subjetted hlinSell to be
tried 'and broke. The. Plaintiff, Mr. gave
in a claim to the Commis,sionetrappointed by Go.
verntuent, demanding compensation fur the loss of
his Vessel, but the. Commissioners rejected 'his
claim.
The judge then addressed the Jury, and reco.
pituwien the leading features of the evidence. lie
observed, that waing to the particular situation of
the Country at tie time of the Rebellion, the Le.
gislature had found it necessary to voted those
who, in their endeavours to suppress the Rebellion,
1%10 perhaps gone beyond the due limits of the
law ; and when a body of United Irishmen ap.
peered detet'mineil to overturn that was valu.
able in society, jr was fUll time for good and loyal,
irien to step forward in its defence. In many cases
turn W'cre sent out of the.country, who were not
tried in any Court.; hut the Legislature thought it
prOper to pass an Mt of.,lndemnity favour of
those who had acted iii these matters, knowing that
...
they, acted' not from maimous motive 4, but for
•
this, ;pie purpose' of stipprisaing. rebellion. fits
Lordship temarked, that it was not givenito Man
to koow the heart of man, hut 'we must-examine
his attii its in nrdet to judge of his motives. -Cap-
tain Pendergast was a strange!
,in place; he
was aho ad Offic'er in the Army, and Gentlemen in
that inaession were particularly huundto use their
beat endravonrs' to rut down rebellion. There
was a conspiracy in open arms_ ;• the battle of An.
trim had taken place, where some of thc'beet men
had 'fallen; one in particular, whose name will
ever lie honourable to his Country, had fallen a,
sacrifice to this frail Conspiracy.—When the rebels
were 'forced to fly, it was, discovered that this Vet-
selltad carried some persons out of the Country, and
.
it was becatise of this, and to orevent.her,from being
so employed again, that it was: judged proper to Ile.
strOY her. 'All the Witnesses proved that Captain
Pendergast *aaed from pure 'motives. If is had
appeared that he had' put money" in his pocket,
while heAvas pretending to ad for the suppression
of kbelion, there would have teen reason for sus.
petting ,this motives, hilt no such thing appears:
It has also been shewat that,, he- acted iii obedience
to the confinand a,Superior Officer, and though
it court be 'proved that' his Superior had tided
from malicious motives, that could not.be imputed
go bhp. His Lordship concluded by stating to the
Jury, that if they were Of opinion ihat headed
trom public motives, it would be their duty to
find ,a verdiet in his favour.
The jury returned a 'Veadid for the Defendant.

LUN 1)0N ; Putntoll by RICHALD HAMA IS, (ot No. 4, Ivlarilet-court, Bow-c
-Iwt); and Publ
Orders lot 1
At the Sutc.C4l,lc et, II zs b'irarsd ; where rifiveriturstios,

V,ll,
1.,144 4.,14 ~,,,, ■. 1,J4174.1,11.1 14.41, 6

man should copy the item., of a work oft 8o t, with
the prices of-t 804.. The prices vary, and the labour
of the mind must fix the result. Upon the wThole nl
this case, I think that the Plaintiff must bring his
adiou ar law without delay, and, in the mean time,
the injunaion be dissolved. The Plaintiff may
hereafter apply to renew the injunetion."

'TUESDAY, AUG.
DRURY-LANE THEATRE.

A .Petition • was presented, by the Trustees of
Drury. Lane Theatre, under :the Deed of 1793,
praying his Lordship to direet that a sum of money,,
received by Mr.:Ftisbraok for rent of some private
boxes, which Mr. Sheridan, by. a Deed, in ISoz,
had made over to Mr. Adams, to discharge the ar.
rears due to the Performers and Tradesmen, might
be-paid to the Petitioners, and not as Mr. Sheridan
had direded by that Deed. •
.After a great deal of discussion between Mr. Rl_
CHARDS and Mr. Tiowzßi on the part of the Pe--
titioners, and the ATTORNEY-GENERAL{ Mr. PIG.-
GOT, and Mr.' ROMILLY, employed by Mr. Sheri.
dan to support the, Deed, the LORD CHANCELLOR
dismissed the Petition; and said that he fully Under.
stood that the Orders of the Court, pf the 7th of
September, IBoz, meant that the Rents to be re-
ceived from these Boxes were to be applied as Mr.
Sheridan contended, in payment of-the Tradesmen
and Pztfortuets'who had signed that Deed.

MR: LIVINGSTON,

ODIERVATIONS TIIE NEW - YORK

EVENING PO4T, JUNE I.

•We now furnish nur Readers witli thz Letters of
some of the other Ministers forwhom Citizen 'rm._
LiiRAND set his gull.trap, They follow this Ar.
title in their order—the first, from the Ambassador
of the Italian Republic, i precisely such a one as
might have been expeCted from the Representative
of a ctinguered and abicdt Republie, over which the
First Consul, holds an absolute sway. The other
three Letters, .though from the Ministers of Sove.
reigns,• who'by no means stand in' 'an independent
or enviable situation, in relation to BONPARTE,
are all of them written withlncire caution and dis.
cretion than that from the Ambassador of the Unit.
ed States, who prou,dly [mall of their, independence.
If we are not extremely. mistaken,, Mr. LIVING.
STUN will rue the day when he wrote that Letter
to TALLEYRAND' •

" However much we detest the horrible crime of
assassination, we yet ask, under what pretence it is
that the 'French. Nation take such -high ground on
his subjeei?• Oh I (says their humble vassal),,,,
Oh ! who but must (Iciest a Government. that blushes,
not to employ corruption, sedition, bribery, and
assaitinatim, as legitimate:expedients ,of policy.'
We shall say nothing about French corruption,
(titian, and bribery-4-all that might as well have
been left out ; but as to their assatiination, 'why,
in 170, they drove a trade of it-!; Turn to- the
Journals of , the National: Assembly, and you will
findi solemn Decree, introduced by JaAt4 D E PRIE
one of the Members, .for- organizing a .Corps of As.
sanbis, to be called the Twelve Hundred Tyrannt.
tides; which Corps was to be made ',up of the greatest
villains to he found in• their felon dungeons ; and
this Corps were to be bound by an- oath to assassiT
nate all the Kings, Sovereigns, and Genetals in
Europe, whom they should judge unfriendly to the
equal Rights of Man.. All this is matter of solemn
record ; nay,
.more, it
.will appear: from the same.
official docuinents, that the fifteen Southern Depart.
ments of France actually offered to raise a Subscrip.
Lion of:3,000,00o livres, ba diitributed as irr.
wards to those brave Republicans who should,assas.
sinate the principal. Sovereigns of gtirope. The
following is the,proportions in which ttle Assembly
voted to distribute-the reward :

•
Livres.
. .
T02045611111t0 the Emperor of Germany - .410d,0xl
King of Prussia - . A00,0c,0 •
Dukeofl3runswick. 400,000
Louis X V I I 1.. 300,000
Count D'Artois 300,00 e
Prince-Conde ; 130,04,
•
Duke De Botirbon 200,000
Marshal Hotline - 2•0,004
Duke De Broglio - too,oel
. * Monsieur Calorme 30,000
and otber .sums .for all distinguished Personages.
After this, 'surely, we think it ill becomes the.
Rtiler of France to talk about deresting a Govern.
ment that blushes nut to onsploy assassination as le.'
gitimate expedients of poky.: r FranCe, the only
Country on earth where assassination was publicly
sandlioned by Law.:--We mean not to'advance any.
sort of palliation fur the conduit of Mr. DRAKE,
the British Minister at Munich, allowing it to be'
correaly stated ; kit we think an ordinary share of
discretion would have prevented the American
Ambassador, the Minister of a' Neutral -country,
from taking the pars in this aft'air he -has done. H:
undertakes to judge, between the parties,: although
he has only heard one side, and to decide Altat'the
chargOrought Against the British Minister, of hay.
•ing engaged in a plot to assassinate the First Con.
sul, has been proved apipst. him-; but.. it. appears
from TALLEYIiANDfi le( ter itself, alai
.ST.ON liad ()illy seen. printed copiei. of The letter 'of
Mr. 'DRAKE ; he therefore has not bad even the
.possibility of deteaing.a forgery, if one has been.
committed. Perhaps his veneration and, uncommon
attachMent to -the .First
.cnnsul, may .have been so
great, as to render it impossible to entertain a
picion ofjhii sort ; and yet his reeolltaion might,
without any great difficulty, have suppii,:d hint-with
cases, sliming, at iCaSf, the possibility of such a
.thing at no very great :1i ranee trf Cone.. 'Whether
true or false, 'Mr..Lit,-IN.C,T,)N silOlllLl have rec,l_
leactl„ that liercpieScnied a. N nat race with
F,oglitpd,; ai eitA 11:at
good 'sense, and the Lrw of requircd ut
1041. the strielest neutrality, Thar i;i ilnot
neutral, but is a very wide titpartnt.! i!,
I),;:irs not Only in the precipitat,e covlieliiiiatit:n pro_
flounced against theli:oglish hut in a “,i;1
more expiicit and excepiitnibk in.:mer in the 'close
of hi. Letter, In every point ot 'Mr. Li V.
ING TOW; conductinuit be regarded aS inclist:ree‘

SON,'

osvora,r ~ al+i& nlr. 0,1.1 I
selves, we see* in this bu,iness-a deep.lahl snare of
policy,' into which the American Minister has Wan.
tiered headlong. Whether his " attions are to be
attributed to the Government he represents, and his
condua to he ivith it,"- is a question* we
leave, to be settled between him.and.Mr.JEVFait-

"On Sunday,se'nnight was baptized, in the fottrisi;
church of Bettws, the Countyof,Gl4norgan, by
the Rev. Mr. PARRY, Ann. Thomas, great greo
grand-- daughter. to Elizabesh Thomas, of the
s‘irtre parish, and who stood god.tnother to her
Meat great grand-daughter. She is ninety.nine
yearl-old, and seems to feel very few of the in-
fined ties-of age 'f.:r although deprived of the sight
of one of her ryes, many' years ago, by accideot,.
she can now knit, spin,, and sew, without the as-'•
sistance of glasses ; and often walk.; from five t('
eight miles in ti.tiay..:-:.She has now living seven'
children, thirty grairdiOns, near one huntitA.giettr
grand-sons, and the above great great
ter, Ann Thoinas.

An aftiaing occident-happened on Thursday : zs
Mr..M. LtwroN, 11/lister Torkla' alier,
was .bathing on filLck-houte bead:, . near Grispnri,
he was suddenly seized byta giddiness in Itis'ilekitit
fell down, and although not bailout of his depth ,was
drowned. His body W;l3 taken to the CoaCE)c-
change. on the Point,; and ,the resuscitating Os")
used, but • without AWL He had b,,en mach at"
aided with pains in the head,.by an accident he nice
with horn the explosion of some, gun powde'.
&Mit' little rime since a woman eri,eiv'gentfli
)tOpearance and'addreis applied' to a respect ihle Av.
thecary respecilta }hung man, whOm she inten3e3
to place under his In•inuating tl;at a Aliroder
under which he laboured Ltrisillg from :he
}Ninth), If made known to his lintitedi;w! hientlir
would be ptodlielive- of his ruin ; she the.r.t'e io.
treated him to exercise his skill, and hoped for hi'
secrecy. Having made thii statement, ahe polte3
out her purse, and insisted on his raking a coopic
ofittioeas in advante;-prornising to bring the
Gentleman the firsi:Conienient Opportunity: ..Nor
great.ivhile after; she paid another risit ro IV
ensinent•Mercer,',Eind having agreed for somas"'st
'to the amount of 56!. offered. a 'bill in pqment;
which not being liked by the Meteor,reres'c"
him to sufrsr one of his young men to.acCompaal..
her to the .abore.Mentioned Apothecary, ,vh."'
;lig some money of her's in his posseion, V/gl' k
satisfy him for the merchandise. As the'party
was known to the Mercer, he dispatched his son
along with the Lady; who, stepping from the car-
riage, left the silks under the care of-her.conduftart
and informed the•Apothecaiy_that she had overc6(°
the reludance of his patient, and' he wished for "
intrcidnaion. 'the Medical Gentleman according
waited. on her to the door to receive the suppas,t'd
Valetudinarian, and the Lady having signified Tolle
Mercer' that her friend was ready to account with
the same time,addressingherklf aloud to 170
Apothecary, hoped he hatl money enough in his 110)"
foi the present exigency ; being answered 41011
Lively, the Mercer ..was ushered into
the Lady•with her silks was soon 13yond T'l,l',ll;
It is unnecegsary to .s though it must 'cr-:::
have: been attended with ludicrous' circurwran"
'that, an, explanation very 'soon took Plac' ttlo
4 p010ur..4"
late, • howeveri to trace out the ingenious shArP:r*
On Monday, abournoon, as a carman bcit
0!..5.
to Messrs. HOFFMAN. of Bishopsgate.street,
was
tiding on the shaft's of the cart in Vhitechaptl• "e
fell under one of the wheels, and was killed oft olg
spot.

. . BIRTHS. 'or
On . Monday last, at Signor Park, Sitsse;t, the Ladl,
Frazer, Esq. ofa Son and Heir. ~ . . rap
On the 6th inst. in Baker-street, .the Lady ofPilbe,'..4
Limon, Esq. of a Son. t. ~., ,:. 0,
A few days since, Mrs. John Carbonell, of King-,"c
Golden-square, °fa Daughter.

MARRIED.
ni.
On. Satiirday last, at Dawlish, Sir john Hawkins, %lart,
of KelSton, in 'the County of SornerSet, to Miss Sur'"o.o,
eldest daughterof Surtees, Esq. of Ni:wcastic•tiP
Tyne. • g'
On the.4th of May, 'at Raleigh, in North Carolina, •1 14 f
kihnsOn, Lsq. of Warren County, nephew to the t'P.0.,.;
of the House of Representatives of the United States, t"
Winifred (;,.,les, eldest daughter of Mr. losepli
!may of Sneln4;l, and :! lobo.
the,titli inst. at I,lcl.l.lichael,' near Ncrth, 11r11 ta
Ilroadfoot, of Leith' Walk, to Miss Apes 1-1111,, d 314
Mr. P. Hill, Inehtnichael.' •