The Sun.
London, England, 1804-02-15 00:00:00

LAW IiEPOPA

(7.Ot'RT 0

ING; BEf

I NC

LOR

BENCH, Tu

LI,LENiiCtitOU
L 11A!,,L.

;; ,Y F.

H AN WEATMLIV

PAR itgitoTHEß rv. DEN.tET.
ft Plaintiff is an Auctioneer, who lives in Col,
lege-street, Westminster, and whose warehouse is
iri Boild.street; and brought this action to recover
a balance of accounts bet ‘veen Ijrn and die Drfen_
dant, amounting to :eel. as settled between them.
Mr. GIBBS opened the cas,:, fee-He said that this
action grew tint of a demandevhich the Plaintiff had
on the Defendant for a balance: of aceoente.—He
,claimed only IVA. because that was the Anal sum
due, although the whole wits le o!. and the 31. the
Defendant had no means of shelving; had been
quidated, but nothing,slionld he Clairiied beyond
whar'was aElually due. He,could, if necessary, •go
through all the item's of theaecoont between the par-
- ties, •btit here • It was unnecessary; for the parties
had stated.the sum Which was due, and the Defen_
dant had been perfeelly satisfied of every iteni in
the account. The Plaintiff was an Anaioneer; ,and
had long been acquainted with the Defendant ; he
received goods for the Defendant, which sometimes
he sold; and which sometimes he was tipable to sell
those which he did not sell, he returned to the De-
feedant, and those which he did sell, he constantly
accounted for. - Sometite.s advenced
money to the Defendant for Pills which were taken
up afterwards. . The whole of the tratiSaetions be-
tween the parties had been eel), entered On boOks
both of the Plaintiff and the Defendant. The
whole of ; the Plaintiff': ccounts were laid.
'before the Defendant. He .vent home and ex--
mined thcrh aH With his o.vn ticeountse and then
,
the Defendant came again ,to the • Plaintiff's
countinghouse, •w jib the Plaintiff's Clerk,
went over the accounts in the Plaintiff's book
again, and examined all the entries, item by item,
pointed out arvitem of Jai. which te;i's., " as the De-
fendant thOught, a check exchanged for a cheek
between him and the' PlainrifF, but which,- upon
examination with the Plaintiff's Clerk; the De.:
fendant was perfeelly satisfied was a correei charge,
and expressed himself to be. so. lie next objected
to an item of a few Pielnree, which was likewise
explained to his-satisfaction. The accoonts having
been thustoile over, nut by the Plaintiff and Dee
fendaeet, for the Plaintiff, to avoid all objection; de_
dined taking any share' in the settlement of the
accounts, but by the Defendant and the Plaintiff's'
Clerk, and the balance being struck, the I)e_
lendant *was perfedYy satisfied. He admitted the
debt; but-only askedilfor time to settle it, and-after-
wards offered to pay it by instalments; upon which;
the .parties disagreed, the Defendant- insisting up.
on his having given value for a Bill of 481. which:
had beenndelivered to him, and which be negotiated,
bat which he was to have returned. Being asked
both by the Plaintiff and his Clerk, what value had
been-given for -it ? he said, thtit both the Plaintiff
and his' Clerk were mad, and went away in a pas_.
sione•-tupon which this • ;talon was brought, arid
then the Defendant-treated the Plaititiff with a Ori-
fice 'of Set-off, *in *Which he ieCluded a variety of,
goods, all of which had either been*-:rettirned to hire .
unsold, or else included in the ecelmet which had
been settled bet ween. the Defendant and the,Plaintiff,
thrOugh the•mediu,m of the Plaintiff's' Clerk. He
charged also 501. for the board and lodging of. the
Plaintiff at his, the*Deferelant's,houseefor 6 months.
William -1-folsgeOire;:ille Defeedant's Clerk, prov.
ed the settlethent of the .ieconsits from the books
after they 'had been examined item by item, 'and the
Defendant having olejtaed to taqiit“ns which were
expL 'tie ; d hian to,hts sati,Etdion,:and,proved that
the Defendant admitted the 1;a1:-,:ce to be I,01.•
After the •whuie accouot was atimittgst to be, right;
the Deft ndand addressed himself to the Plaintiff and
said familiarle, Why ihtodd yoe wish Charles to
distress irte, I shall have Money-in a few months,
and leshall pay jou ?fY,= The Plaintiff said to the De*e.'
tenant, You-had 'better go home aid see howYoti
will payeehe money.'' He then weal home and came
and 01,j-cried to a.Bilt of 481. or 781. the Witness
did . net -tie;'illeel;eiellich; charged in the account
agaipsi and saad that the Plaintiff had had value
for, it. :The Plaintiff asked what Value.? To which.
the'Deferidantansweted, 4'; Mr,k‘arebrother knows
know•of 110 value said the,Plaintiff.--;." you no.
gotiated the: bill- when you nUelit *tO.have returned.
it to me.'' *.witness then asked the. Defendant
What. the • value was, for the witness Wanted the
Matter settled' 'without conteetiOree; to which the
Defendant replied, the Plaintiff and.the Witness
were both tnad,:'end left the office. •
Mr GAIS.RO Opette4•*the Cie for the Defend.;
ant; and Aaid thai he was instruaed to insist upon
the -Seteoffealhich the Defendant had pleaded. •
Leserenee'lVl"Malion,.it Boy, who was the Servant:
of the Defendant, but who has since been :to Seit,'
gave Evidence of US carrying Packets of Jewels
from his, Kistesso the :house of the Plaintiff', and
some other Articles, and. of his, Master giving
to the Plitimit 181; in. Gold,
.fora
_Check which:
• the Boy afterward received, and of a Conversatiow
about a Piano which the Plaintiff had of the
Defendant,

Mary Baker, Aunt- to the Defendant's-Wife, was
called to prove theer-off.to the
.Ph\in tiff's demand,
and that lie- lit'a boarded at the Defendant's houSe
for.six,months";- t:hat•the Plaintiff constantly
lasted, had
.his luncheon, dined and supped at the
Defendant's house. That he was,there constantly
to boatd, '&c.—The Defendant'S aitli;fite'r g:tve,
eodence.pti the same.point
Ullon which it was submitted that
;01. was' a rea.
..stimable-affi4a.tiCe f"tl)r. ihe
In, ansyqr,.to this, Mr. Deerlove,:proved That the
Plaintiff was so far .from having his board an'd
Peletidant.'s house, that. he boar:led ant
lodged at ,iihe.-.honse of this Witness. for tht4 %Oink
of this timei 'and-paid a year—That evl,l .the
liefindittlilineW it, and had dined 'with the PlaintiiF
at these.lodgings.
.It was, then proved that the ar:ides thle
Defendant had' chalged .against :the Piiirriff had
every one, of thetiPteen- included' in the :!ccOunt
• which -wail' W!'iiied,-iind on which tl)z, balance way
truck and acknowledged by the Defendant himself.
flat this settlement- took price'' in •the Month of
September hug; sinte whiChs-trizie-the'l'e
whatevtt betweep die Parties.
•

1 LOrd. Et' Let:tic.. ziOu. it: &nratrat'it npt .case tf ...‘'.e
L :.. to
. T f
jury, and observed, that unless the settlement of, the
I account could be shaken by shewing some error in
I it, the evideneeof.that settleMent was conclusive.
Ail the articles of the Setoff had. been given cre.
dit tor, As to the charge for boarding;, it mti
Most eitraordinaryi if this gentleman paid for-his
I board at another house, that he should have &in
. ,
f traeted- to pay for his board ;.i. this 11,,use; for If he
I only. took a ri-ical occasionally
.with the tDerend:
ant, in the way of acquaintance and hospitality,
as every Man might do, and generally did. who
had any friends, but then such frienN cook! not
akerwards convert that hospitality into a le'vl,
!demand. This part of the case reminded his, Lo'id
ship, of that of a gentleman of large. fin-nine in,,a
was part of this Country which he well acquainted
with, who had employed a Surveyor, and who at.
terwards broright in a bill which that. Gentleman •
and sortie others thought exorbitant, and that Gen-
Ocular', with a view to be even with il“- Sorveyori
made him a.Charge• for his board, &c. And that Gen-
, demon was exposed to a good deal of ridicule in a
Courqhe was told among many other-things, that he
most not sell his wine withotit.a wine licence,- nor his
th.eid without the licence of a victualler. His Lora-,
ship could not help lookirg upon this charge for.
board as an after-thought, by way of spleen,- is
answer to this atuion 'brought against. the Defen.:
dant.

Verdi6t for the PlaiatifF—D.lmal,,es .isol.

Ti-iF /ONO, AT 'rut: PROsECUTION OF.CFIARLi4

WILLIAM TAYLOR, .ESQ. MEMBER OF PA! LIA-
M•ENT ;OR TIIE CITY OF WELLS, v. EDviARD

SPENCER.

Judge GROSE remarked, that although the Pc.
fendant's CoUnsel endeavoured to screen him liam
the eflets which he apprehended the langune he
had tised might produce to the mind of the Court,,
it was clearly the language of the Delendanr, pro-
bably suggested and certainly adopted by him, as
he might have restrained his CoUusel from
tinning it. The Libel is grossly:malevolent and
infamous, and the place and the ncoisiim uron
which it was circtilated aggravate the offenee great.
ly, 'when it•is considered how difficult it is to pre-•
serve tote public peace
,at contested EletlionF. He
is fined tool. and to be confined until he discharges:
that fine, and finds two 3ureties to be bound in
tsol. each, anti himself to be bound in 3001. fur
his keeping the peace for three years. •

In the Court-Martial on the trial of MajOr,Gor.-
i DON, the evidence for the Prisoner was closed On
Monday •at twelve o'clock; after whicfi Colonel,
COCHRANE JOHNSTONE, as Prosecutor, made his
reply, in which he summed
,op, and commented upon')
the evidence with uncornmen clearness of 'rrnnge-
., mem; and force of argument.' Towards, the _coo
duiion the Colonel became extremely. atiirnated,
.
and in alluding to the caluninieS which had been or.
culated with reipeet.to his condud in the govern-
ment of DoMinica, he repelled every attack in
strain of manly and impressive eloc uenc. The
last of these topics .was the Tautiny which broke
out in his Regiment at Dominica, in April, 1802,
on which he expressed himself nearly as follows :

" I wish not tdenter into the details of that tra-
gical event. It one ever to be lamented by every
friend to humanity-and to good'Obvernmenr. The
part which fell to my lot to ad in it, was reit--
affliding. The safety of the Island entrusted
to my care was. at. stake : it is nor for the to say -
what rily conduft was throughout those pinwceedings
which became necessary, though at the expellee of
lives, to restore health and tranquillity—Thus moss
I may say, that.laM conscious of kaving acted with
got-d intention in every part of what I considered to -
be,my duty; and that I accounted" my own a
cheap sacrifice to ensuring the public welfare: • .
" Of any benefits revived, or rewards of my
conduct obtained, I can make rui boast. By that,
mutiny, and by that alone, I have been deprived of
my regiment ; I have betn-deprived of my glvern-
went ;, I have been deprived of *My rank of Briga-
dier-General,.- which 71 held at the time, and %%quell:
would now. have entitled me to hold the oce of.
commander of ; the Forces, which has devolved- to
a junior cflicer. I have further been deprived of
my rank in the army, as Major-General, to which
my seniority as Colonel entitled-me in the late pro::'
motion. And after twenty ore years constant set.
vices, the greater part of thc:ie in the East and
West Indies ; and after having attained the high si.
tuitions mentioned, I now stand in the reduced state
of a half-pay Colonel.

" Thus circumstanced, when I look round on my
brpther Officers, I willingly, and With becoming hu.
mility, acknowledge my. great interiority to all in
raleni:and 'hut on
,this public. occasion, I.
should be wanting to that' res'peit Which I owe to
Myself as a man, .and to every man with. whom I
haVe.the honour of .being.conneaed, if I did not de
dare, as I now do with an honest pride, that I am
conscious rvf having approved•rupelinferior t 9 none,
ih sincere And ardent love of my Country, in zeal
for the Public Service, :in loyalty as a British Sut)...
jed, and a Servant of. the Crown, -in every semi:
inent of the Warmest, most affeaion'Ate, and dutiful'
attachment and 'vefter‘ation,for the ,Govemment and
Person of the King my master."

Yesterday evening a person of genteel appear_
ance; who•had come-by the Oxford coach from
ford, died suddenly on his arrival at Ludgate-hill.
1-le-had stept out of the coach, when he was.sud.
delay .seized, and instantly removed to the hour of
a- neighbouring Surgeon; where he. dicd'.
.'not at present owned..

On Monday.. night, about eight o'clock, as. Mr.
PARROT, of Cannon-street, near Walbrook,. wai.4 •
returning .to Town in a post-chdise, he was stopped.
by tw,) high,,vaymen near Enfield. Chace, who de-
inanLit!d his money ; one of the qilains,_ at the horses'
• heaas,• tllreateninv the Post•boy to shbot him, it
he attempted- to 'iriv.e.rlon, while:the' other rnik.ed
Mr. PARROT of his purse, containing 'upwards of
six:gilii,eas; and his- 'atcb, when- they 'made a preci-
pitdte'retreat, and got cle4r Lift with their booty. •
_They_were_bot.Lmell_muunted. d-trk--44y-liocse&r—,
and • appeared- to be very: young men genteelly
.dresked.\: .

irgm t,?e LOND'‘',IN GAZETTE, Flh. 14, 1804..

„
Oft', Febrziary 14, 1804.
MEMBER RETURNED TO SERVE IN THIS PrESENT

r n-L A!AF.:c T.

toitettron.or TRURO.
John Lemen,-otrrAvcilani in 'the County of Cornwall, Esq.
who hat') accepted the Office oLone of the Coininissioners
for ex,e'euting the Ofti.e of Lord -High Admiral of the
lini.ted Kingdom of Great Britain and Ireland.

Mir-Office, Feat-re:7 14, IS*4.

Royal Regiment of flor;e Guarits, Surgeon lames M'Gre.
gor, from the Sgth Foot, to be Surgeon; vice Hussey, pro
moted.
oti' Regiment of Dragoon Guards, Surgeon lames Dalzell,
front the 32/1 root, to be Surgeon, vice Ormsby, appoint-
id Surgeon to the Forces,
9th Rex- rent of Light Dragoons. Lieutenant F. G. Carrni_. chael o, be Captain of a Troop, by purchase, vice Do-
naldson,- . -
nth Ditto, Lieutenant Arrhur Chichester, from Half.pay
• adv... ;tti Dragoon Guard's, to he Lieutenant, vice Blake,
.prooiptrd ni the 9da Light Dragoors. •
12th Curn..t A lexander NVilson to be Lieutenant, by
ptu-cba.e, vice RayOes, ti ho.retires
17th Ditto, Siiegeon lames A iidersoli, from the Both Foot,
to he Surgeon,.-vice O'Connor, appointed Surgeon to the
2CI Rel.'Artent of hoot, John Winne- Griffith, Gent. to be
Ensign, by purchase, vice Oleitcy, promoted.
sth Ditto, David Envlanit Johnson. Gent. to be Ensign,
without purchase, vice-.Lauzun, promoted in the Royal
Stall Corps.
14th Ditto, Ensign J. Dyne, from Half-pay of the Queen's
Rangers, to he Ensign, vice Morris' who exchanges.. .
17th Ditto. Surgeon Lewis D'Arcey, from the fild Foot. to
be Surgeon, vice Milton, removed to the 4th Garrison Bat-
talion.
18th Ditto, Ensign - Ferguson to be Lieutenant, with-
out purchaSc, vice Bevan, who retires.
Nth Ditto, Brevet .Lieutenant-Colonel Dunbar. lames Hun-
. ter to be Lieutenant-Colonel, by purchase, vice
ple, who retires.
Oath Ditto, Lieutenant lames Conoliy to be Captain of a
Company, without purclia-se.
18th Ditto, Ensign 1. It. I-till to be Lieutenant, without •
purchase. vice Strang,eways, whose appointment has nut •
taken place.
3oth Ditto, lames Forbes, Gent. to be Assistatd-Surgeon.
33rli Ditto, Lieutenant Alexander Chancelleur, from the
3a(i Foot, to be Captain of a Company, by purchase, vice
Aldridge, who retires. Lieutenant J. BOoth, from the 76th
Foot, to be Lie:nen:nit, vox Ouseley, avle, exchanges.
41st Ditto, Lieutenant Adam Muir to be Captain of- a Coin-
pony, whnout purchase, vice Campbell, promoted in the
3d Battalion of Reserve. Lieutenant Alexander Catnp-
bell, from the Cast Foot, to be Adjutant f, with the Rank
of Lieutenant in the Regiment), vice Muir.
46th Ditto, Ensign William Newport White to be Lieuten-
ant. without purchase, vice M'Gibbon, promoted in the
York Light infintry Volunteers.
S7th Ditto, Richard .1-oberville, Gent. to be Ensign, with-
out purchase, vice M`c rcgor, promoted.
63(1 Ditto, Richard iirlajoribanks, Gent, to be Ensign, with-
out purchase, vice Hall, promoted.
64th Ditto, Thomas lohnatone, Gent. to be Ensign, without
purchase, vice Casey, promoted in the Bth West India
Regiment. -
66th Ditto, Captain lame; P. Murray to be Major, by pur-
chase, vice Peter, promoted. Lieutenant Wm. L. For-
. tescue to be Captain of a Company, vice Murray. En-
sign Edward Carlson to be Lieutenant, vice Fortescue.
68th Ditto, Henry Salmon, Gent. to be Ensign, by pur-
CIiJSC, vice Wright. promoted.
69:11,Ditto, Alexarel.r Kerr, Gent. to be Ensign. without'

purchase, vice Cameron, promoted in the Bth West India
Regiment.
7oth Out Charles Thompson Frith, Gent. to be Ensign,
. by purchase, vice who rerires.
76th Ditto, LizeJtenant K. Ouseley. from-the 38th Foot, to
be Lictin.nant. vice Booth, who exchanges .
78th Ditto, William Grueber Douglas, Gent. to be Ensign,
-by purchase, vice Coane, promoted.
79111 Ditto, Ensign Malcolm Fraser to be Lieutenant, with.
out purchase, vice Ross, promoted in the 6gth Foot.
Hugh M 'Gregor, Gent. to be Ensign, vice Eraser.
*ad Ditto, Thomas Moore, Gent.- to be Assistant-Surgeon,
vice M`Lecd, promoted in the 38th Foot. •
gad Ditto, Ensign Andr.:w M Pherson to be Lieutenant, .by
purchase-, vice G rant, promoted.
Ist West I odia Regiment, Samuel Harnay, Gent. to be En-
sign, without purchase,. vice lies, promoted. -
I;th,Di to, Ensign T. Casey, front the 64th hoot, to be Lieu.
tenant, without purchase.
York Rangers, Surgeon William Stone, from Colonel Ram.
sa's Regiment, to be Surgeon.
ist Battalion of Reserve, Ensign Thomas Hawkins, from the
'6th Battalion, to he Ensign, vice Burke, nrocnoted in the
Bth West India ke2,iment.
,6th Ditto, William Davison Gent.'to be Ensign, vice Haw-
kins, temov.ed.t. the tat
7th Dittos Second Lieutenant Charles Dowries, from the 9jth
Foot, to be Lieutenant, vice Greenfield, who resign's.
tleuron's. Regiment, Suigeori William Wybrow, from Half_
pay of the. tat Foot Guards, to be Surgeon, vice Caude..
mont.
The King's German' Legion, Lientenant.Coi,nel Adolphus.
Otto Baron Barase to be Lientenant-Cc)losiel, with tempo-
rary Ranh in the Army. Major Baron Benningson
to ha Majo-, with rcmurorary Rank in the Army. Major
Lewis Augustus Baron Bussche to be Major, with tempo-
ra; y Rank in. the Army.
To b;: Capt:ll3+3,..with temporary Rank in the Army—Cap-
tain..Aclerp:linti William Baron .W urmb . Captain Charles
Latnjelit Captain Henry Laroche de Staikentels.
Captain Augustus Baron.Knese-.bedk. Lieutenant Moriz de
- -
To he-Lieu-ma:us,. with temporary Rank in the Army—
.Lientenant- George de .Avemann. Lieutenant William
Decken. Lieutenant Adolpbuidol-linuber. Second
Lieutenant Zorn.. Second- Lieutenant Frederick
Baron U.sslar. Second Lieutenant Augustus Charles Hart-
man. Second Lieutenant Ikitedix Baron Decken Second
Lieutenant Cristoph Baron Wersabe. Second Lieutenant
Augustus Marburg.
To. be EnsiOs, with temporary Rank. in the At-my—Ensign
Charles Baron Marscha!k. Second Lieutenant Bernhard
Baron Botlimer. Ensign Attguatus de Munch. Ensign
Andrew de SAlliter. ensign George Henry de Hattorlf, -
Ensign, Frederick Miinter. Ensign Augustus de Satte.
Ensign Frederick de Heine. Second Li.-utenant Ernest
Ruder[:' Ensign Gerlach de Schlilter. Ensign Baron Dur-'
ing. Ensign Meyer. George Baron Decken.
Wynekr, Gent. Frans. WedeineLer, Gent. C. W. Tan..
sent, Gent. vice Dettmering, deceased.
Arallery.
Second Lieutenant Frederick Simpfer to be First Lieutenant,
with temporary Rank. Ensign Clever to be Second Lieu-
tenant,-with temporary Rank.
To de !Opening Field o:firers of Yr:manry ana' Volunteer Corps.
Lieutennit- Cr,!onel the linnonrahle William De Blaquiere,
of the 2±(l Regiment of Lieht,Dragoens. Andrew Gillon,
Esq. Lie. M..joi, of the 2d Diaeoons, with the temporary
Rank of Lieutenant-Colonel in the Army so lung as he
continues thus employed

• - Ordnevere.Office, Feb. rr, 1804.
A ampany of drtilltry‘tole raised for General Service.
First Limtcnant Edward Smyth, from the Royal Regiment
uf Artillery, to be Captain. gated Sept. to, 1803.
Royal Re,eirneet of Artillery.
Second Lieutenant Thomas Scott vy he first Lieutenant,
vice F. Smytli, promoted. Dated Dec. te, 1803.
G.nrmi i 477 signed by the Lord Lieutenant of the County of Gla-

rnorgan.
Thoma,, Wyndham. Esq. to he Vice-Lieutenant for the said
County.- Dated Nov. 30, 1803.

War-Offlie, Feb. 14, 1534.
Castle 117.4r.qn Gentlemen anl Yeomanry eavalty.
James chill, Gent. to be Cornet, vice J. Phillip.
,e)ewn Oak: Troop of • West Kent Gentlemen and Yontamy Ca-
valry.
Cornet Peter Noaille to be Lieutenant.
22, or 111idIand-fZegiment of iVorfolk Cent:erne 't and Yeontauv
Cavaly.
. _

Captain 'Murray to he •litilittant.
Ifiw,li,,z/r • ' '9:l/ ,/teer :
Gear, c Glllow, Gent. r.;c:lrenant, yice linrrison, re-
siF—• Ut-rit. to he Cornet, vYe
11,1 ntiignecl.