The Sun.
London, England, 1804-01-13 00:00:00

COURT OF KING's 13ENCI-T, WESTMINSTER,

DrcENrsER S.

SITTINGS BEFORE LORD ELLENBOROUGH AND A SPECIAL

JURY.

RATCIIETT AND CO. w.- RUTHERFORD, ESQ.

THIS Aftion was brought by Mr. Haichett and
his Partners, who arc eminent coachmakers in
Long Acre, to .recover 2531. 163. which was due
to them from Lieutenant-Colonel Rutherford, for
carriages. Colonel Rutherford being, in the year
t Sol, about to set rust as Surveyor-General to the
Island 'of Trinidad; in the West Indies, ordered
two carriages of the Plaintiffs, which were to he
paid for. in ready money. When the carriages, were
ready, they sent in their bill, upon the hack of
which Colonel Rutherford wrote an order, directed
to Turnbull, Forbes, and Co. desiring them to pay
stile-within as usual. This was on the rsth of Sep-
tember, 18c). When the Plaintiffs' Agent called
on Messrs. Turnbull and Co. they told him they
had not then any _money in their hands of Colonel
Rutherford's, and desired him to call again after
Christmas. Whys he.,,,callekafter Chri:4mas, he
received no satisfaftory answer.. This ,business
went on till the month of July, when the Plaintiffs
obtained of Messrs. Turnbull and Co. a Bill at
two months for their demands ; but, unfortunately,
before that Bill because due, Messrs. Turnbull and
Co. became insolvent ; and. the question was, whe-
ther the Plaintiffs were entitled to ;recover this
money of Col. Rutherford, or whether, by giving
Turnbull and Co. so much indulgence, .so much
time to pay this demand, the Plaintiff, had not
taken them for their pavinastets ? As to the order
given by Col. Rutheil'erd, as it was neither a
banker's check, nor a note payable tm demand, it
ought to have had a stamp to make it evidence;
and' as it had no stamp itcoUld-not be read. But
it appeared from .the 'evidence of Mr. Turnbull,
that if they had been urged for the money by the
Plaintiffs, they would certainly have paid thern-be-
fore July. They had paid every other order of
'Col. Rutherford but that ; and they had then a
warrant from Government, on account cf Col. Ru.
therford, for 10,6001. 'which they afterwards re-
ceived,

LoidELLEItioROUGH obserVed,"..that he was Most
clearly of opinion;',the Defendant was e,ntitied to
a,Ver'dia. r When Col, RtitherfOrd gave the Plaiti..
tiffs an order on TurnbUll ;Old CO. the Plaintiffs gave
him a.receipt for the money, as if it had been paid;
and then they gave Turnbull and Co. six months
farther time; and Mr. Turnbull had sworn, if they
had urged them for money, by telling them they
would either apply tc) the Treasury, or. to. Colonel
Rutherford himielf, they would certainly have been
paid. '

The Jury found a VerdiA for the Defendant.

TREVAILLAN. MITCHELL.

This was an anion brought by the PlaintifF, who
isia Common Informer, against the Defendant, who
is a Rope.maker, for not making two Cables of
hemp such as is required by the 35th Geo. 111. c. 56,
but a part of these Cables were made of materials of
an inferior quality. It was stated, this' was a Ties.,
tiO9 of very great impOrtance to the public, and
particularly to seafaring Men,' that their lives, who
were most dear to us, should not be endangered by
Cables made of bad material's.

. It appeared that the Plaintiff came into the De-
fendant's yard, and took away
.these two Cables, of
2o fathoms each in length, and Isi inches thick.
There were zoBo
.yarns in each ; and it appea.red,
most clearly that one of the Cables was pettedly
without fault; and that in the other, there were
three or four yarns that had not the appearance of
being new, but which got in most bfobably by ac-
cident because, even if they had ran through the
whole Cable, the Defendant would not have gained
2s. by the difference.

It appeared the Defendant was in a great way of
business, and that he was a principal promoter of
the Bill which had been passed by the Legislature
for the regulation of this subjet. The jury found
a Verdi} for the Defendant.

MITCHELL. qv. TRAVAILLAN.
TM va; an anion of Trespass, brought by the
Defendant in the last cause, against the Plaintiff,
for cotning upon his premises, and carrying Off
the two Cables. The Jury found a Verdit for
Plaintiff for 4171. the price of the Cables. This
verdia also attached on another. Defendant' of the
name of Cotty, who had assisted in carrying away
and cutting up these two cables.

Letters from St. Petersburgh mention 4t as a fad
to he depended upon, that twelve Russian Ships of
the Line, and eight Frigates and Cutters, are in
a short time to join the Fleet under Lord NELSON,
in the Mediterranean. This. Fleet is- besides ac„
companied by several transports, having in- the
whole 16,000 Russian Troops on hoard, destined,
according to report, to proted Sicily, Sardinia,
or Egypt ; alike threatetted by the- French .arma-
ments on the borders. of the Mediterranean and
Adriatic Seas. The Proclamation for augmenting
the Army is enforced with great severity ; and,
besides the- 25,000 men encamped on the frontiers of
Galicia, other corps are ordered for the Ist of May
in Livonia and Russian Poland; and the same letters
say, that the EMPEKOR has determined to make
three hundred thousand of his forces moveable next
spring, and ready to march at a week's notice. At
the same time, the works in the dock-yards, and the
repairi' in -the Russian navy, continue without inter.
ruption, even. on Sundays and by candle light. Upon
the demand of General HEDOUVILLE, as to the
cause of these warlike preparations, he received for
answer, that it was a secret of the EMPEROR.

The cold was so extreme in the early part of last
month at Stockholm, that the oldest people remem-
bered nothing to equal it, ar so early a period of
the Winter. The North Stream, which seldom
freezes, even is the middle of Winter, was covered
with ice, and several pers6ns went over it on .foot'