The Sun.
London, England, 1803-11-15 00:00:00

IUTTERFIELD WINDLE AND OTHERS.

MR. HARRISON having had leave on Thurs.
day, which, by the Rules, of the Court, was the
last day for moving for new trials this Term,
moved for a new trial in this cause. It was
tried before the Lilo D CH IR? JUSTIC E, in Guild-
hall, London, at the last Sittings, and was an
anion for penalties on the Coal Statutes. One of
them was a penalty of goo,. for not delivering coals
of the quality stated in the contra} between the
Plaintiff and the Defendants, as directed by the
Statute of 3 Geo. 3, c: 26., The first count in
the declaration stated that. the Defendants under-
took to deliver to one Tho Mas Wood; in the Parish
of St. Dunstan, in the City of London, a certain
quantity of coals as. and for the best Walisend
Coals, whereas they were not the best Walisend
Coals, but coals of another and inferior quality:
The second count was for not putting the proper
quantity of coals into each sack, and for not mea-
suring by the stature of Anne. Another count ,
stated that they did not put three bushels into each
sack, &c. for which the penalty was 'so!. There
were four counts in all.

The ground of his objeaion to the first count,
upon the penalty attaching cool,
.was, that the
venue was wrong. That it should have been laid
,in the County of Middlesex, instead of the City
Hirf London ; that as an aftion for penalty, it was
necessarily local ' • that the Defendants live in Mil.
ford.lane, which is In the County or Middlesex ;
that the contrad was made between Thomas Wood
Ind the Defendants, at their Counting.hotise in
Milford.lane ; that the coals were paid for there;
that every part of the transaetion was in the County
of Middlesex : the Defendants did no one apt in
the City of London at all. The only thing that
could be called an 01, was that of the Defendants'
Clerk calling at the house of Wood, which is in
Fetter-lane, in the City of London, to see the
coals re.measured; hut ns they had begun before
he arrived, he went away again immediately,
and did nothing, so that this could not be called-an
at on The part of the Defendants, • Therefore he
trusted the Court, upon this part of the case, would
grant him a new trial.; hut supposing the Cciurt to
be against him as to a iiew trial, then he should
reserve another motion in arrest of judgment on
the ground he had already stated. The same ground
Of oblation did 'not ,appl to the second and, the
third count, because the delivery was stated to be,
in London. But with regard to the measuring by
the bushel, that was founded upon the Statute Of
a Geo. 11, and that Statute was oot -in force, be.
cause it was repealed by the Siartlte of the 7 Geo.
111. ; and this objeCtioo aftlied only to the 'fourth
count. So that •tlie •ohjettlions were these---That as
to the first count for the penalty of soot. the oh.
jediott was, that the..attion ought to have .been
brought in Middlesex
.instead of
.London ; and as
to the 4th count, the Statute on which it was
founded was repealed. No oblation was offered
as to the :mood and third counts.
Lord' ELLitelsoxoucts said, that in delivering
one species of coals instead of another, he inclined
. to..thirl4:,that the offence depended on the place of
delivery. if the Defendarits had at first sent coels
that were not the best Wallsend, as contrasted for,.
but inferior coals, with intent to deliver them to
this 'person, but had afterwards not done so, but
had,adually delivered the best Wallsend Coals, no
offence would have been 'committed. He slid not
see that any. offence in this case could.be committed
until the delivery,' because until delivery 'nos 'Epee
that he would deliver the improper coals ; for this
:;anon it seemed to his Lordship that the place 'of
delivery was the place where the offence was com.
miffed, and if so the 'venue was right, for the place
oft delivery Was in _London. However, in order
tothave the case fully argued, a rule .to shew • cause
sßould b 4. e granted.
,
tuna to, spew cause granted.

.NOVEIfi3ER 4.
LORD NELSON .47.1. TUCKER.

THIS' Wait 4 Writ .of' Error from the Common
Pleas,. and the case had been ably argued, and now
stood for the judgment of,this Court, that of the
Common Pleas being in 'favpur
,of the Defendant.—
The Defendant, Mr. Tuater, was the Prize' Agent
who • had received -all the prize-money which.be_
longed. to the gallant Officers on the Mediterranean
Station, under the command of Earl St. Vincent.
That Noble Lord came home for the benefit of his
health, and continued Commander in , Chief on the
station, but the actual command then devolved upon
my Lord Nelson, during which time many Captures
were made by that Fleet, and the money arising
from the prizes was seccived by the Defendant, as
Agent, , . .
This Aaion was brought by my Lard Nelson
for orte.eighth of these Prizes, amounting to the
sum of 13,0151. and. the real question was, whether
this sum of money belonged. to that Noble Lord, as
the actual Commander for the time, or to the. Noble
Earl who 'continued in the Commission of Com.
mender in Chief on that stittion ?—the Defendant
being ready to pay it to. either ; but both these
nobhi and gallant Officers claiming It, it was agreed.
that the question should be decided by. this Action.
The Court of Common Pleas decided, that this
prize.money belonged to Earl Sr. Vincent, as Com.
mender in Chief upon .the Station while the Cap.
ture was made—upon which a Writ of Emir was
brought'for the purposed_ taking the sense of this
Court upon the same point. Time was taken by
the Court maturely tocunsider the case, anti this day
the Judgment of the Court was delivered by..the
CHI sr justices which was most able and elaborate;
the result was,, that according to the construe ion
which the Court put upon His Majesty's Proclama.
1 tions for regulating the Distribution of Prize.money
taken all together, and • which constitute the Law
upon this sultjea, this Prize.money did not lielong
to Earl. St. Vincent," who was absent, although
Commander in Chief, but ,to Lord Nelson, .who
Was 'present, and actually commanded upon the
Station. This appeared to the Court to be not only
the plain common sense of that which Was expressed
tote the will of the King in His Majesty's Prods.

orations taken altogether, but 31$0- to hd the piait►
and grammatical meaning of the wards of ~ne orti.
cular Clause in the last Proclaination, The .Court
expressed a regret at the difFerence of opinion
t►veen the two Courts, as well as a diVrence be_
tween this Court and the opinion delivered by Sir
Wm. SCOTT in the case of the St. /1.7 m ; but
the Court was clearly of opinion, that io this case,
this Priie.money was the proputy of Lord Nelstyn,
the consequence of which was, that the Judgment of
the Court of Common Pleas•must be reversed.

Judgment fut.the Plaintiff, Lurd Nelson.

LORD KEITH T. PRINCLE, ESQ•

TMs was a case similar to the la,,t.

Lord Keith was Commander in Chief at the Cape
of Good Hope, and the limit of his Cianunand
tended to the Indian Seas. He retired from that
station without intention to return, and the Cum.
mand devolved on Admiral Pringle, the Defendant.
Captures were made under his Command, anti which
were made while the Fiect was pursuing the orders'
which had been issued by my L+►r,; Keidi ; bc►t
took place after his lordship had gone out of the
limits of bis. Command, as he was on his way home
without intention to return.

The Noble Lord contended, this Prize.money'
.belonged to him as Commander in Chief, on accc',l.nt.,
of the Captures 'having taken place while the Fleet
was pursuing the directions he had given.
'1 he case was reserved tier Argument as a Special
Case—was very ably =argued, and stood over Ll-
judgmeor.

The Court this day delivered Judgment-con,i.,
detred this point as having been decided„by the last
case, being,oflhe same name entirely, and a
test between the Commander in Chief upon the St;:.
than, but absent at the dine of the caw urt!, and .t1;t!
Comin:inder who was eauelly on the Station at tH
time of the-Capture, with the difference Ilt►t here
the Commander in Chief was coming home without
intention to return, when the Capture was made.
The consequence of which was, that Judgment
should he given for Admiral Ningle.—judgment
fdr the Defendant.

• THE KING v. VANE, BARONET'.
Mr. Serjeant Cocxtt.t. rnlved for tlheln,lgmetit
of ihe.Court ii
upon the Delendanr, Sir 'rederick
Fletcher Vane, Baronet, virho stood convitted of a'
misdemeanour, the learned Scrjeant said, •on
own confession.

Mr. ERSKI*E said, he would, endeavour to save
the Court the trouble of going. through the very
long affidavits which had been made for and against.
the Motion for the Criminal information on Ar 1601
this Case was founded. There had been nothing
subsequent to them ; there had been no citspo:ition,
in the Defendant to resist :he LaW since this.pro..-
secution, but he was perle&tly ready to submit ro
whatever the Master of the Court might dared:,
provided' rite Court would allow the (master to t;il.ze,
that course. This was nut a deliberate misconditel;
but it arose from a misconception when the Prose.
;cOtor came to serve the-Hon. Baronet with a sub.
p=a ; there was. no contempt of the Court. fle
hoped- his teamed Friend would not oppose this case
going befoie thi Master.

lUP JUSTICE asked, if there was a
tali
lenge in this Case ?

Ileing.answeted there.wai not, his Lordship
that up-,n consent .of the Prosecutor, tile Court
would assent to this proposal.
Nir. Serjeant Cocas L said he should not oppose'
it, on condition that Sureties, for the preservittion of
the peace, should be cntened into, to which the
Court assented ; and the Patties having agfeed to
go before the Master, the Hooourable Ittronet
withdrew. . ,
. ,

THE KING V. TILE It F. V. 1011 N E rs.

DAI:f.'AS' moved for the Judgment a the
Court on the'Defendant ; hut MrUttstiee I,elll.ANe'
observed, that-he had had notice of this matter,,
or he would have applied to
,Mr. Button GRAHAM,'
he fore whorn. the Cause was tried, 161' his Report,
without which nothing could be done, except that
of committing the Detendatit.' '

Mr. justice Game said, this was quite irregn..
lar, the Case must 'be brought on again'.
Defendant cotnmitted to Newgate.

A dreadful 'scene happened at Whitstable, .on
Friday night, near the oyster ground, The Boat of
the Gun-brig cal led.the. 1-14eleo, with ten men In
was going to Feversham, but the weather being
bad, they returned ; and gOing alongside of. .the
Ship, the sails of the Boat backed, and in a moment
she upset. Seven oUlckf the Crew were drowned ;
one of the,other three swain to the stern of the ship,
and saved his life; the other two swam to the buoy,
called the Cullinbin biloy, and ,were 'takcsi oa` by
'another, boat , that belonged.: to the jaltr-boisr.
,Among the suffercro were thedottor and a ruidAtip.
.nln. The ship fired guns of distress, and hoisted
a black flag. •

A robbery was prevented on' Sunday night in the
following manner : Mr. D. 'WATSON, of Parli.4„
ment.street, is owner of a'honse in Great. George.
street, Westminster, . which he has been in the
habit of letting furnished, but Is at present with.
out a tenant ; passing that way about seven o'clock.
in the evening, lie saw two persons coating out
at the -_atreet • door apparently unconcerned. Fie
immediately accosted them by asking what they
had been doingin the house., and how they. gained
admittance, when both the villains rushed by him,
and made their Cscape. Mr. WATsominitnediately
procured assistance., and entered the house, when
he found all the beds and furnittite completely,'
packed up, and as much of them brought down
into theypassage as it would hold: On going into•
the -parlour, they found a fellow sitting smoking hie
pipe with a light before him, seemingly quite, at:
his ease. When the parlour, door opened h'%t, was
not the least alarmed, supposing it to be his coin,
panions, but on his being convinced of the contrary,
he tried to get away, but was secured, and taken to,
.Tothill.fields 13ridewell. .the -course of the evtii„
ing Mr. • WATSON procured a party
.of soldiers to
guard the house. The villains ..had procured ad.
mina= by-picklock keys.

TO THE EDITOR OF THE SUN,

my return above a year ago, from my
irt 'the West Indies,' in a very low state of
itel!th,-• I -tvas' exceedingly :shocked being in.
firmed that ta par4graph had been published in the
Pethama Gazette, and copied tram thence itild
s::iting circumstances, for throw,
opt tut the b line of Lieu'. BOWES, of the.
4,7!11 Rf.giroent, having cast himself overlioard, and
(!ii the passage from Marti-rile° toCtirazoa.
The state. of my health, which is still +Arm enough,
had entirely disabled me from moving in. the-steps
adequate to: tracing the infamous authors of so foul
and take a calumny, who, it may be seen from the
distance of the channel they had chosen for. convey,.
ing it, were not within reach here ; but those Whose
part it is bnth to enforce and proteit the honourable,
conduit. of Officers, judged proper to institute a
Court of Inquiry into the truth of tote_ statement (Nn
the.spot, in the West Indies. Notwithstanding kll
the disadvantage of my. absence from
the'
for ifly.
self on that occasion, enough of the case appeared
to induce His Royal Highness the COMMANDSR: in
Cutely to do me the honour of ordering.the follow-
ing Letter to be addressed to me. I request you.
will give it a, place in your Paper it, is so ample
and honourable a decision of my condos, as to
supersede the necessity of troubling the Public fur..
flier than gencrally.a,..o solemnly to deny the state.
ment,and insinuationr "In the, Bahama Gazette, and
in the other Papers which copied from it.
AUX. MACDONALD,
Brevet Major,
ad West India Regiment.

London, Nov. I, 'Sq.

tIR~

Horse Guards, Yuly ts,
. .
I have received the Commander in Chief's Commands to
acquaint you, that in a late Dispatch from Lieutmant-Gene-

rat Nuo-eivr, Commanding the forces at Jamaica, the Pro.
ceeding.i of a Court at' Inquiry held at that place the nth of
April last, to investigate the truth of statements published
_ _

to vo.ur piejudicc in the Bahama Gazette of the Ad, March,
1803, telltiyc to the late Lieut. BA R x Raj 'of the 47th Regi-
mew, have beenTeceived and submitted to His Royal High.

*less; anclAtte same having been apentivelk perused,• 1 have

it in command to express to you His Royal Highness's satis.
• iredlon on finding that, throughout the whole of,the Proceed.
into, them dues not appear .1 single circumstance to justify,
the ,wanton and malignant charges so, falsely publkhed to
your disadvantage; but on the contrary, that your conduit on
the voyage alluded to, was that of a vigilant and „attentive
Officer: and I am direited tnadd, that the Comniander in
Chief has ordered that his sentiments on this subjeit be
communicated to Lieut. Qen.. Nno trvr, in order that they
may he made known to the Army where the Calumny °rig'.
nated, and that the unworthy Authors of it may be exposed
to the censures that they merit.
have the Honour to be, Sir,
Your most obedient h.irnble Servant,
W. H. CLINTON...

Mgjer r 4,1414
sd India Reg'.

GIIII7ITAR, Ot T. 14.

The Sven American brig of wariarrived from
Tangiers yesterday eveningi Which place she left
io the morning, with the account ofsohe ;Americans
bavitig concluded a {{►eace with the EAtti.ea.ois .of
MO ROC CO. CotilmodarC PR E B LE, WII000111111)114ed
the American squadron here, wa, then at Tangiers,
and had several conferenees with the Ei.IPSIROR,
who left Tangiers yesterday morning, after signing
the Treaty. The Americans have given back the-
Mlorish`eorvette, which they had taken, erotic of
the articles of slte.Tieaty.
The Weazle..brig arrived this morning from
Lord ISIF 1.501418 Siplialool, in seven dAys, which was
then all well. Tlt6 Aft's/en:with arrived' also' from
Naples, in fifteen days passage, at which time the
French were withdrawing their troops from the
Neapolitan toritoties.

• Titer French have seven sail of the line at Tou.
lon, all completely ready for sea. They launched
an .8o gun ship lately, which they art fitting out as
fast as they car.
The accounts from Malaga to-day bring the me..
lunch*
,intelligence of. the yellow fever having
ahem.' itself in different, parts of 0; City, as well
as in the stiburluy to which it was at first confined,
and great apprehensions are entc Mined Of its spread.
ing over iliccnAntry. Every precaution is taken
here to guard against so horrible a calamity being
introduced.

• 'OCTOBER 'I
The, liairyom sloop of war, a prize to our crulzeri
in the IVJedirerranean, and lately.artived from-Lord
Nrt,soN's licet, brings an account of tit) French
frigates foil. of troopsi. having come out of Toulon',
and made Catvi, where they are now blockaded by
one of our men' of wht. The French Government
ventured to 'send 'Them out, notwithstanding the
?real probabilitrthere was of their being raptured,
to order to gt'l rid of the •troops, whielt--were in an
open state- of mutiny.', That such are the dispOtii-
tions of the gieatest part of their'subjeas, rartieu.
larly in the e,:nquertil departntents, we have every
reason to.b'elieve front the.particulats contained in a
letter from Turin,
,received: by the, lite •Nlail. The
writer had seen, with his own eyes, stkventeeo in-
siividuals guillotined in two days ; and there re.
mined one hundred inure in the Bastites, of Pte4l.
MOM destined to ondcrgo the same face. As Ire
Writes .from one of. the departtnents' of, the Land of
Liberty, he ii.catitious root to enter intopinute de.,
tails on the suotivet of those bloody -executions.;
but from various, circumstances mentioned. in .the
account, it is highly. probable ghoul-it:se unfortunate
people fall .to the suspicions of their; new
Governer nt Su .414401 for the'svaunteditnildness of
his Conaar koktsty,and the greater security.enjoy,
ed by
.iiii.4o;jects, since he has abolished Terrorism

loci.nata-

On the -15th ihtt • AltijibiOn 'frigate, arrived, here
with the. Eugiish-mails from Lisbon, The Duke
de 4:o IGNY came passenger in:ber,. whom the Purtu,
?nese Government oiihgeti to quit -Lisbon, at the
anytigation of the French. ArnhassAior.
'7 Tile Danish' tioggeri thredeeidm, 9. D:Mv ft e,
27 days final •Genua, with merchanatze fur Lisbon,
has been sent in for examination by His isii,itsty'i
shit, Agincourt... •

TO THE EDITOR OF TIIE SUN.

SIR)

• AT a Dinner given by the Magistratep. of Perth,
at laying' the Foundation of -the.Buildings.for' the
PulrbcSchools., on the igth current, when several
NAlemen, and many Gentlemen both of, the County.
:and Town' Were present, JOHN CAW, Esq. Provost,
and Chairman of the' Meeting,. conduaed the .busi.
nest of the.' day with much propriety, and gave
man) spirited Toasts. After. Dinner rite coOVetsa..-
tion, turning on the threatened InVasion by France,
the Chairman gave, . . .

May the Rota, THISTLE, and, Sit Am it oek,.. ever united,
continue long to tiournih.
Nay .
. ay the tricoloured Cockade be covered with coil( and
may the Neach Thistle sticAl,ol,e throat of the first Prenchnnan
who dares to tread on British ground with-an hostile inten-
tion. .. ;..o.** . .

Ile then craved a. bumper to the, health of that
Great; Sharman Mr. FITT, to whom the Country
was so much indebted ; which
.was drank standing,
with true patriotic enthusiasm, with three times
three.

Amongst others, the following Patriotic Song
Was sung, and well received, as congenial to the
feelings of the Company. Obierving with plea.
sure your judicious remarks in the Sort respeding-
lids Sheet Anchr of Great Britain,!the Pilot who'
so ably; weathered the StOrm, I send you a copy of
it. The Author hai viewed him as Cdone/ Pr'rf
in a situation. on the Clifrof Dover, which, in
my opinion,' does that Hero and true Patriot the
greatest honpUr.

, .
I ampersuaded that the ideas of the Writer of
this Sung will also prove.aongenial to the feelingi
of the braveyolunteers of the United 'Kingdom •,.
you will therefore please insert it, if you think.
Proper. ,
, . .

I will not enter into the particulars of the prkes,
sion and ceremony at Jim .laying the :foundation
stone of thesel)abliciltiildings pct rerth,.for the edu—
cation of the Youth, ‘vho I trust ,will, In due time,
be ready to fight the battles Of their Country. (when
necessary) with true British spitir ; I shall only
mark, that it is our highest duty, in the present'
trying, hour, to chew them atloribus example,' and
to be fully prepared' for the :arduous contest fur
liberty, and prove to the world, by our valour,
" that Britons everthall Le free.!'
I have the -fionOur to be, 'with a- Strong hors
ready for a Frenchman's throat, Sir, your., &c.
A TRUE SCOTCH THISTLE.,
Perth, 29th ,oa. 1803,
•