The Sun.
London, England, 1804-07-17 00:00:00

Cr RK, JULY

General Sir EYRR Coors has taken, for tilt
bathing season, "[colon Place, near the Bh,ck R
Lord and Lady CORK ACC still here, and Icy t ,c
affability and pleasing manners, endear. therryieives
to all descriptions of the inhabitants. Our Gartiion
is very strong : it consists of the Istli Regitrieni,
under command of Col. BARRY ; 96! h, u icier Coll
CONRON ; the Tipperary, under Major WlitTe ;
and the Queen's County M►litia, under '.VI ij
CUMMINS.

On Monday CHARM' EVANSON, Esq. an emi.
nent Woollen.draper here, was eietteti Mayor ;
PETIM BISNARD and GIORGI KNAPP) Esqrs. t
eleeted Sheriffs.

The successor to the Dean of Cloyne Is not as
yet announced.

The total amount of the Stamp Dees for the
year ending the sib of January last, was 3,316,6 an l.
According to the Schedule now before the House
of Commons, the transfer of Stock in any Company,
Society, or Corporation whatever, not being Bede
or South Sea Stock, or Stock in Government Fund.,
when the amount to be transferred shall not exceed
tool. is to be chargeable with a stamp duty of 11.
tos. ; tool. and not 2001.—..:21. ; 2001. and net
3001.-21. los.; 3001. and not 4001.-31.; 400'.
anti not sool.-31. sos.; soot. and not zoool.—se ;
motel. and not 20001.-71. 101. 20.001. and not
30001.-101. ; 30001. and not 40001.—tel. 104, ;
+OOO4 and not 500°1.-151. ; soool. and not
too:eol.-171. tos. ; and if it exceeds 10,0001.
--- 201.
Lord CHARLES FItZROY having won 6o guineas
at the races last week at Ipswich, ordered them to
be divided atnongst the .wives of the soldiers of his
Brigade, the 'North Yuri: and West Suffolk Regi.
ments of Militia.
Yesterday a desperate battle was fought at Wills.
den Green, about faur miles on the Edgwatc Road,
between ,Pitteeto the Jew, and Wood the hackney.
coachman. The combatants set to about a quarter
before eleven o'clock, a ring having been previous_
ly formed. After fighting 36 rounds, with vatiout .
advantage, rittoav f ll
,from the strength of his own
hits.—Weed, in, she last round, fell oil altogether ;
he could not even see hit adversary ; anti, by advice
of his friends, admitted that the Jew was the better
man.--The beetle lasted lifty.te o minutes. The
contest was for fifty guineas. Only (nee danger-
ous blow was struck during ,the contesto—at ea" ie
the 22d round, whenw. Pitaeay struck the coachman
in,the stomach; the blow saes su violent that the
Amateurs eOnsideted the battle as nearly decided.
al' Thursday weak, there fell, on Old Malmo
Moor, the most extraordinary shower of hail ever
remembered in that part of the country, attended
with heavy rolls of thunder, and &sties of lightning
extremely vivid.. The hail-stones were as large :is
marbles, acid the impetuosity so &eat, that in lest
than two minutes the ground was covered upwarAls
of four inches thick, and every fiald of corn within
its sweep almost destroyed; and some fields of wheat
so completely, that the proprietters have determined
on ploughing them out, to avail themselves of die
season for turnips. The injury done on the Moor
is to an extensive calculation.
MBLANCHOLY EVENT.—•-•A young woman was
yesterday evening crossing the road, with a child in
her arms, near the Small=pox Hospital, at Somet's
Town, and was thrown dowel by a Gentletnen'e
carriage that was driving along with great fury.
The child died almost immediately, end atie yenlog
woman was not exeetAed to live many hours. The
Coachman drove on without the least concern, and
the owner of the carriage is not known, it is a
melancholy truth, that the drivers of Gentlemen's
:carriages are gauerally much more careless and in.
hutueo, on theaeeeccasions, than even hackney coach.
men,, who are provethiel for brutality. The child
belonged to a,tespetiable family in ohe neighbour.
hood, and the young woman was its nurse.
On Saturday night, es a watelimin way going
his touhtis in Love.lane, Aldermanbure, he per.
ceived a. woman lying on the footpath, apeareely
in a state Of intoxication. • On lifting her up,
found her immersed in blood, and went immediately
to the watch house for assistance. She was re.
:loved, to thchotpital, when the Surgeon, upon ex.,
atnination, concluded, that she fell against the
scraper 'of a dour, which cut the back pan of Is.
heed in a shocking manner. She was able to Jea
that her name was Mary Burgess, a pauper in ilia
Parish of Saint Zachary, neat Woott.stieet. Het
recovery is yet), doubtful.
At the Quarter Seasions for Northempion, 7oirtir
Haynes, the driver of the Nottingham coact', eves
indicted for an assault upon Mrs. Ruff, wife of Mr.
Ruff, baker, of Gayton, by whipping her !terse, a.
sloe wets passing the above coach, in tire Q tar.
ter in that town, on her return home from. mar-
ker, whereby sae , was thrown off, and one of fne
lied wheels passed over and brake both her lea...
Atter a heating, the Court sentenced him to pa; a
fine of 4.05. and to be imprisoned for three caltoeler
months.
Sawolay a journeyman blacksmith, of* the name
of Settle, a noted gormandizer, undertook, for it
trifling wager, to eat a shoulder at mutton of sit
pounds weight, I,t, 1401)011100:iie qaantity of te-
ge tables, anti a tht ce.pentey boat, and to drill
quart of ale, at a public hoto,e in the eeighbourhetei
ho„,. ; but he completed it in so minutes, arid aa.
at Golden-lane. He Iva!, to pet form the tihk ie
1 tually bespoke a atipier of beans acid bacon,

LAW REPORT.

COURT OF KING IDLY 13.

'THOMAS (111.1.1i,F1F AND UTTUFRS, AssiONEES OF

MESsRS.W-.t, AND JoilN 1f 3):: V. PETER EVE.

R hTT MMTA ER.

This was an oftion of trnver, to recover three.
Vurths .share of the ship Atlas. The whole cause
depent;ed upon ►he 34 Geo. ll.f. c. 68, B. 16, which
Le,:n enren•uoly the of the E,trl of
Livernool. Messrs. Bearsnn were Proprietors joint-
ly with the Captain of this ship. . About the mid.
rte Qt , 1603, they became embarrassed, and,
to remove their d fliculties, proposed to sell to the
Defendant two shit►i, the Ocean, and Juliana, for
• the sum of 70001. On the faith of the fulfilment of
this intention, the Defendant gave acceptances to
that extent. With these Bills, Messrs. Beatson en.
'deavoured to rescue the ships from the hands of the
p,r,,,,nm with w 'tin they•had been pawned ; but for
reasons not difficult to discover, the parties chose
I.;zle.c to:retain ti)e ships, than to receive the Ac-
ceptances of the Defendant as the condition of their

surrend...t. The situation of Messrs. Beatsons' al,
fair. iniiueed them to use the Bills, in order to ex.
tir;guish some pres%ing demands. The Defendant
required some adequate return for his Acceptances,
in consequence of which an arrangement tookTiace,
and three.fourths of the ship Atlas were to be trans.
fcrred to him. This ship was now at sea; and, all
that was necessary to be di,ne was performed at that
time, to carry into effeet the Contract between .the
Parties. On the 17th December, 1803, the ship
arriveil, and was reported to he in the Port of Lon.
don, Such were the fads of this case,

Mei,srs. GARttOw, PARKE, and SCARLET, For the

. Plaintiffs, explained the terms of the AO to which
we have referred ; -which recrtires, that within ten
, days after the arrival of the Ship in the Port to
which she belonged, .a regular Transfer should be
made by Indorsement upon the Register. The Cap.
who had I.fourth share, and, in the vulgar
phrase, rode a little restive, did not attend at the

Custip.House to alienate the property in the way
reqiiired by the Att. The Defendant also seemed
to be a little of the same disposition, and when
Messrs. Beatsons applied to him, returned in answer
to their caitiest solicitations, " D—n you and the

Ship too, and all that belongsto you." the Learned
Counsel said, in consequence of increasing difkul.
ties, Messrs. fleatsons became bankrupts; that in
treating the present cause they had nothing to do
with the feelings of the parties ; and that the Mt
not having been complied with, according to the
express terms, they were, beyond the possibility of
contradittion, intitled to the verdict of the Juty.—
After the Witnesses were called,
Mr,. ERSKiNE, on behalf of the Defendant, did
not dispute the terms of the At of 'the Earl of
Liverpool, hut he doubted if, under some pe.
culiar circumstances, the ten days were to be tr'.:en
with that: strianess which, in ordinary cases, was
expedient. Not only thclaw, but the intention of
the Legislature should be considered.. After the
arrival of the Ship, and before the expiration of
ten days, severalt.holidays had. inteiVetied .'t the
Custom house, when no Clerks were in attendance,
.and, therefore, it wAs not praakable to 'comply
with the terms of the Mt ; and he inquired of his
Lordship, if the MI required two days instead of
ten, and those two days were holidays, when
the Officers were not present to .do the duties re.
quired, Whether, in such a case, the A& should be
co»strutd imperatively
Lord Et.t.st4aostotion..••" When such an in.
stance shall occur, wherein it is impossible to .corer.
ply with the terms of the Mt, it will be time
enough to give my opinion on that particular case.
Thi situation here is not of that kind; the Mt
admits hut of one construaion, and the terms on
which the alienation of Shipping Property depends,,,.
have not been complied with.
Verdid for the Plaintiffs—Damages 11,0001.

IiATURDAY, JULY 14..

YAWLS PARR AND CO. V. JOHN ANDEIJQN•

The Plaintiff's are Merchants at -Liverpool; the
Defendant 'is an Underwriter:' This ahion• was
brought against the flit; 'name on a policy to a con.
siderable amount. The insurance was on the Mer.
cure, Capt. ITlume, a slive.ship from Liverpool to
Africa, during her stay on the coast of that Conti.
nent, or at the adjacent islands, and until her mi.
val in the Wist Indies, where her cargo was. to be
disposed of This, ship arrived without any acct.
dent in ; degrees 'ninth latitude, off Cape ,IVlensts..
rado. l n her progress she took a prize. She re;.
mined on the coast for about three months, re.
ceived 256 negrocs on board, which were insured
ar. 501, a head. With these she went to Barba.
doer, where she arrived on the .17th of December
last, and finding no advantarous sale for the live
cargo on that island, they proceeded with an inien.
emit to go to the Havannah. During this voyage, the
unfortunate captives, urged to madness by hunger,
broke from their "chains, penetrated to the stores,
and ate the beef anti pork in its, raw state, with,
the avidity or rather ferocity of cannibals, so that
when the ship entered the pass of Bahama, the pro.
visions were deficient. The Captain purchased three
bundles of beef of a Spaniard, and then continued
his course. In the Old St teights (as they are called)
the ship got aground, and was in imminent clanger.
The Captain took to the long.boat,..with a few
others, in order to procuic craft on the adjacent
. islands. The crew canceled his return in vain, the
ship went to pieces, and when he returned, he saw
neither his vmsel, or any, of its numerous inhabi.
tants ; he initial indeed, what removed all onset.
taipty, a case of surgeon's inatrumenta,which remain.
tdon the rock, and a few planks of the wreck floating
on • the waves. One of tile mites, a negro, and a
male of the same,complexion ho appeared as wit_
ness), eseaped by.-a raft, on which they made a' v oy.,
age of three leagues. All the slaves and the mariners
perished before the, eyes of these more furtundte
aniv.rnturerc.• When these person's reached the shore,
their ciainities were not terminated; they entered
the w: oils, anti not a human creature was to be
seen. After being exposed to the ututos.l distress,

t from the beasts of she forests,. they discovered
a canoe in the distance. The mate hoisted 116
jacket upon a br.nich, which he cut from the parent
tree ; the signal was orderstood, and these wander..
era yonilled themselves to the savages. In the se-
quel, they approached a schooner, by the master,of
which they were humanely received, and after. a se-
ries of difficulties, against which nature seems in-
competent to struggle, they arrived safe in this
country.

,McsuS. ERSKINE, Gtuus, and Guts, pro.
duced testimony to depose to the while course of
the voyage. The condition of the Policy was,
that the Mercury might take any vessel of an
enemy that was immediately in her course, but
positive instruktions were given to Capt. Hume
that he should not abandon his course to make any
capture, and that he should not cruize for any such
•purpOse. The burned Counsel contended that he had
not quitted his direction, excepting half a point of
the compass, discovered front the lee.bow, and that
only for one quarter of an hour, in a voyage of .six
thousand miles, and engaging a portion of tirac of
the duration of six months.

[The result of this cause will Thew how impor.
taut it is to the assured, that no deviation from the
express terms of the policy should be perthitted].
Messrs. GARROW and SC4RLET thought it
uth.qtrunnecessary to call any witnesses. A de.
viOtßis, had been proved 'by the evidence of the
Ptalotik, and the law was perfeelly known, that
any devi*tion would vacate the policy. If it were
at all materials they said, they could spew a much
more striking and continued deviation, but under
the preient circumstances, it was not at all incum.
bent upon them to protrad the cause.

Lord ELLENEOROUGH explained tiler, nature of
the risk. It was true, they had a letter of marque
to an against the French, but this was ex obeli.
danti eauteli, for they were authorized to stand on
their own defence, and offensive operations were
sometimes the most successful means of defence.
The rule of law was, that any variation from the
precise line designated in the policy, would exone.
rate the Underwriters ; the evidence was before the
Jury, and they would immediately discover if any
such deviation were made.—Verdiet fur the Defen.
dant.