The Sun.
London, England, 1804-03-09 00:00:00

AIR. HERBERT. —The Britannia.

Bah Old THE BRITANNIA ! how stately and brave
She floats on tile ambient tides !
For empire design'd, o'er the turbulent waves
How trim and how gallant she rides .!
Yet Love in a True Briton's heart,
With Glory contends ter a part ;
And the fur cheek of Beauty with te,:rs is impearl'd,
When the, banner, the bannerol war is unfuzl'd.
Now forth 'to the contest ! The battle swells high,
And fierce round the vessel it roars!
Hark ! the Sons of Britannia " to Victory !" cry,
And vidory sounds to our shores
Then peaceful, again to their home
Shall the PATRIOT WARRIORS eoPne;
No more the fair cheek shall with tears be impearl'd,
But the banner of PEACE stand for ever unfuri'd.

DUET—HERBERT AND ELIZA.
ELIZA. By the gentle vows of love,
By the sighs that pity move,
By the lightly stealing tear,
By the fondly jealous tear,
By the meat to honour due,
Will you promise to be true ?
HERBERT. Yes, 1 promise to be true.
IlEitar.at . By the pang that absence knows,
Ey the laith that constant gloWs,
By the lover's tender kiss,
By his hopes of lasting bliss,
By his joys for ever new,
I\,ill you promise to be true ?
E I 7 A. Yes, I promise to be true.
Born. Then thus united, we defy
Cares that vex, and hours that fly;
Content a mutual fate to prove,
- Beneath the sway of mighty Love.

The Wheel of Fortune, which is soon to be
brought forward at Covent Garden, shews KersIBLE
to much advantage in the benevolent misanthrope
Penruddock. The part of Emily Tempest is to he
performed by Miss BItUNTON, who wants but prac.
rice and experience to become a main prop of gen-
teel comedy. The rest of the Charatiers will, no
doubt, be judiciously cast, and the general novelty
of the representation will probably revive the popu-
larity which attended this Piece during the first
season.

HOLMAN is nearly ready with a serious Drama
for Drory.lane Theatre. The scene lies in Russia,
and at an early period, but the fable is supposed to
relate to a couritryt nearer home, and to recent
events.

Arrived at Bath, Countess SPENCER, Hon. Mr.
and Mrs. Fottsyni, Sir T. CATHCART, and Sir
THOMAS CLARGES.

A Caution.--A man has for some little time past
assumed the charaaer of a Clerk to collect Debts,
and having obtained knowledge of People's Con_
nexions, and where Bills are due, has applied for
them, and in some places has succeeded. His per-
son is remarkable, from his eye being disfigured ;
sometimes he wears a black patch over it, and is
dressed genteelly in black, with his hair powdered;
at other times, he appears out of powder, and shab-
bily dressed.

T 11L% TRLIE 'OF THE. CORDONS.

()

FURTHER I'ARTIC:UI,49.RS.
TH E tengtlls of this remarkable,end-the
,et I,vinf...-hit,took Place, frortfthe:AAptropolis,,
rendered it impd§sible to enter'ininu.tely,ins9 patti,.
cid:its, so as, to gi ye' a jusi,account of the, Proeee.d,
ing of the Court
.in Qur Paper of, Wednesday...,
A suitable. JtVY `having beep ,swqrn
proceeded:by the Clerk's reading the- ridit'inle.,nt., s
we recited on WedneSday. 'Mr. .tri.44,,l,eading
Counsel on.the
.part. of the prosecution, t,hcn ad.
dressed the Jury in a, very long sneeeli,,in the:course
of which he stated
.the law on this sAreCY, recited
some particulars of Mrs.LEr on's.hiStory, and en;
tered into a detail of the. various .particulars, which
led to, and followed her; being forcibly taken
Laway'
by the Prisoners.
Elizabeth Westeraft lived in AlsOp's-- buildings,
and was MistreSs of the house wherit-LoditHART
had lodged for three years. •She kneiv him in the
charafler of a clergyman, but had never heard
him officiate. Since LAUDEN had lived there,
which was about two monthi; he had been very
much in debt, and desired- her to deny him to
every body that came on any day- except Sun-
day.— She, herself, in conjunClion With LOCK
HART, had once bailed hint for- sol. She
_said,
that on Sunday -the' a sth of January, they ordered
her to get a post-chaise in readiness,- and drive to
the end of Bolten-street, at seven o'clock preciiely.
She accordingly sent the cluiise !av! the hour ap_
pointed.
Mary Davidson, a very material Witness, was
next called. She was servant to Mrs. LEIGH,
and had been in the habit of wating upon her •
for seven years. She had lived in the family of
Mrs. LE IGH's father for ' twelve years, but at that
time was not acquainted with Mrs. LEIGH. • She
corroborated the most material fans of the Goat,
DONS coming to dine with her Mistress -on the
isth of January, and their. subsequent condat
She perceived her mistress to be agitated, when
she slipt out of the room, and said, she was
afraid they were going to take her away ; •
when the Witness replied, " They cannot take you
out of your own house." She saw 'them force her
mistress down stairs, and ran to her assistance, when
LOCKHARTpreiented a pistol to her, and threatened
to blow her brains our, if she did not _remain quiet;
She followed them out into the street, crying,
" Murder ! thieves! fire ! they are taking a• -way
my mistress !" when she saw them drive away as
quick as possible.
Sarah Hunt, cook.maid to Mrs. LEIGH, corro-
borated the evidence of the last Witness.

William Martin, Mrs. I.PrOtt's footman, had
lived with her fifteen months. He let the Prisoners
in on Sunday the 15th of January, about five o'clock;
waited at table during dinner-time, and withdrew
the cloth about six o'clock. At seven o'clock
'LOCKHART sent him for a hackney coach. in the
meantime they conveyed Mrs. LEIGH out of the
house; and on his return, finding what had happen-
ed, he pursued the chaise, but without effeE, as it
soon got out of sight. He was cross-examined as to
how many times LAUDEN GORDON had called on
Mrs. LEIGH, and the length of time he stopped
each time, which he, as well as the other servants,
agreed was never more than two hours. lie could
not say how often he had called there; but remen.
tiered his mistress being out once when LocitHAgT
called and left his card, " The Reverend LOCKHART
GORDON." His mistress had given him general
orders to deny her, to every body that might come,
except a few persons. One day when LAUDiN call-
ed, he denied his mistress to him, but she being on
the stair.case, and hearing who it was, ran down
and desired he would walk up. This circumstance
was corroborated by Mrs. LEIGH, on her ClWS.CX-
amination.

The Counsel for the Prosecution, Mr.Ml r.t.s, Mr.
DAuNc-v, and Mr. FULLER, questioned this Wit-
ness, as well as the two last, very particularly, Whe.
ther their mistress was not of a very retired dis..
position : if she was not of a nervous habit, and given
to much reading and writing ? to all which they re_
plied in the affirmative. The Counsel, moreover,
strialy questioned them if she was of a religi.,us
habit, and was accustomed toga to chUrch ; but nei
ther of them ever knew her to have been at church
above twice for a number of years, and that a long
time since.

The design of the Counsel on the part 'of the
Prosecution, in urging this question, was very im-
portant, as appeared from a very. material circum
stance which came out in Mrs. LDIGH'6 cross-
examination, and which would have quashed the Pro.
secution, had the fa& of violence been proved to
have continued till they reached Tetsworth.
The two Post-boys were called next. The first
proved his being sent to Bolton.tow, 'where he
stopped at the end of the street ; that he there took
up a Lady and two Gentlemen, who desired him
.to, drive fast, and threatened to shoot him if he did
not make haste. When he arrived at Uxbridge they
got into another chaise, and LOCKHART GORDON
gave him half a guinea. The Counsel asking him
jibe was not uncommonly well paid, he confessed he
seldom received so much. On cross-examination,
Mr. ABBOTT asked him whether any force was
used towards the Lady, and jibe observed any thing
more than commonly happens when a Gentleman and
Lady get into a chaise ? To this he replied, that
there was no force used whatever; that the Lady
laughed when she got into the chaise ; and that he
observed nothing out of the common way. The
same question was put to the Post-boy who drove
them from Uxbridge to Tetsworth, and the same
answer was returned.

Mrs. LEIGH was then called, and a chair being
placed for her, her examination commenced, and last,
ed for the space of three hours. . The principal part
of her evidence' was to corroborate the fans stated
in Mr.MlLLs's address to the Jury. She very strong-
ly denied her acquiescence in being taken away,
and said she hid frequently advised them to desist ;
that when they got to Uxbridge, she asked for
a post-chaise to take her back, but they said it was
impossible. She said, that in various parts of the
transaction she was so much agitated as not to know
what was going forward. When questioned as to
the time anti circumsunces attending the cliff:tent
visits of the GottDurts, and the letters that passed,

she all,,,,gred to hay. 4! L'ut g vcry
tecolletlion on the subje..':z-.

iMrs. LEIGH Was .the cross-exarkine.l by Mrs. At-
g6TT.—She-aeknowledved that -She, wad at
Kensington, and, first. becalm.. acquainted with r. 1%...
GOB DQN.S„ that familiarity tuck place which is coin-
mon arnolg children. Ir-appeAted :that when, silo
heard, that ',LM.,T.D'EN Goaport had returned frota
the.,We“ lodies•s 'slie.,stnt the first invitation to hill
through the medium of %Mr. .Biackett, her apothet
cary" mkt. DEN, 'Called at any
time, slie made him fix a time for coming again ;
).v,hich pircqmstance. Mt., ABBOTT brought, roller
recolfeEfion„ by reciting particul.ar
he'erilher a polite note, expressing_ Ilia 5011'07 thai
he,cOglilinot attend her appdinimecir;being Una yt)icl;
whether, they
Mr.*Aup,OT.7.-..ask-,e(i
her, they were not. tiponAerms,
fro'm
,-t!ie'..tirrie cf'his first. visit;;
Was not custcmiiry, when therpar.ted, 1:0.14111:m ,to.giy
her a silte, either on the lip or at:.
fhc..`FienCh fashion' ?.
any fur Tier', faMlliarity. Her th'eia askccj 4she
tccollea KH telling LOCART; on,jour,
ney, to take care that the sheets were
.well:aired
which she not seeming to remember,•,he said he.
would bring it
,to hvr ,recolleCtion.. She, Must- Ter,
irlefilber LOC.KHR G,k
ltT DoN'o falling asleep in the,
chaise;_ and -on
,his awaking, and finding the
dow open, expressed himself sorry, that it had not
been shiit, as helAtras-nOt' well, -and it might ,be
jurfous tollim to catch cold.

- .11 B o.rr ..t he a- asked,.her,. if,, when -she:left
her house,.-she had--not a steel necklace ab3ut her,
neck, to which was suspended a bag with cazrphire
in it ? Whether it was not customary with some
people to wear such a thing as-an ;millet, or charm,
to stifl- passions, more particularly the passion
which one sex have for the other This she ad.-
mitted. He then askt:d.her if she did not remember
throwing it out of the chaise window on some part •
of her journey, •with such an expression as
"I hove ,IQ more need of this ckarmt 1 have
vielf up : 'welcome pleasure,!' This she likewise
adMitted. • , t

Mr, As Aorr then pressed her-to say on.vvhat parr
of the, road this circumstance took place ; :but she•
said she could not remember. .He then asked her,:
if she did not recoiled, the second time LAUPEN,
upon her, asking him why Lo CK H ART din not
call ? " suppose (says she) that he has heard the:
report- that -I am. 4, Sceptic, and as he is a Cler.,rytnan,-:
he don't like to come into my company; but you.
may,,assure him he need not ,be afraid, for it he
comes, rshall always avoid introducing the subje.Cl
of 'religion." Mrs. LEIGH admitted this as a fad.
Mr. At ROT, then. asked her, if she ever went to
church ? to which she replied, No : she had not been
to a church for several years. • " I suppose, Madam.
(saykhe) you_ do! not approve of- the doctrines of out
Church ; you do not give your assent to them ?!'"to.
which she answered No. He• then asked her•if she
had not ,sceptical notions of Religion ? To which.
she frankly answered that she had ; that she-did not.
approve of it, and that she had been' sceptically-
disposed for several years. •

. _
Upon -this the trial stopped; when the judge en-
tered into a conversation with Mr. ABBOTT, and
the Counsel on ,the part of the Prosecution, who ad-
mitted that no compulsion was used to bring her into
the County of Oxfords• she having declared her free
consent when she threw away her charm.
The Trial here ended, in the manner that has been
already related. Several questions which. were put•
by the Couilsel to Mrs. LEIGH,are-omitted for ob.
vious reasons.

AMERICA.

NATCHEZ, JAN. 7.

FrClll NeW.Orleans. - Major FERDINAND L.
CLAIBORNE is appointed .by. the Commissary of the
French Republic, at New.. Orleans, to. receive-the
Post of'Concottl and its Dekndencies in Louisiana,
from the Spanish authority; and has also received
from the Governor-General oftouisiana4l-le:apoint.
ment of • Civil and Military for the
same.' PostessiOn will' be (akin in.4fekvfdays.-

JANIJART 14.
On Thursday last,-the I 2th instant, the Post and
Dist-riEt of Concord, inlLouiSiana, was delivered,
(agreeable to previous'arrangethents), by the. Spa,
vish CoMmandant DokSTRPHEN MiNor, Ai -Ma_
jor in the Royal Arthieiof Spain, to Major FERDI.
NAND L: CLAIBORNE, 'Of thi4,Ciiy," who had'heen
previously appointed by LAU_SSAT,' Colonial Pre_
fee} arid ConuniiSary-:ot the. French Republi-c," to re-
ceive the same on the PO•t of France. The follow-
ing'ceremi>ny wat'obSeived'on the tiCcasion-:
" Maj.ir CLAIBORNE Missed frcun this side of the
river at half past one o'clock, P. M. attended. by.
CaptaihßOsst Lt.'s Company of:rennes:See Volun.
Wert., Captain NtcHoLL's Company from this City,
alid a huthtler of • resp.ffahle` Citizens' Of- this Terri-
'they landed some disiince above the Fort,
where the? formed, aod then praceeded'in' the fol-
lowing oy(Pr CLAIBOki.7-E, bearing the
Flarolthe'French Republic. Colonel B. Osmulst,
with the Flag of the United States.
M;tirr -WITH ißgroo ft, and flit •Cothbissioned
OfficeTs of the. Volunteers froth Tennessee.,
Mayor and Citizens of Natchex:v.!i:2 • •1 -

Captain RussrLt,'s Company. • •,
,Captain NicnotA.'s Company, 12
Arriving opposite the Spanish, Flag.stafr, they:
farmed and halted on the levee, and were received.
by tho Spanish Commandant..: After 'an ,exeltlite
of mutual civilities, the •credentials. of • the --diffe'renf
Agenis were, produced, and recognized ; on
theLnag-ofhis Catholic Majesty was lowered 4:Or
mast, and that of the Frenciv.Republii hoisted .by-
Major CLAIBORNE the same distance—a -pause
same minutes took 'place,- when the Spanish , Colours
were lowered, and those•of France hoisted to • the•
top of the staff: the troops presenting 'arms', as a
mark of respell to the Repubbc. r• • •
At halfpasi two, Major-CLAIBbRNE announced
his readiness to transfer ,the Post, &c. to the United
States-of America ;• on which C6loriel (on
the part'of Major CLAIEORNE, who hasaao tie•ti•
appointed Iv .the Governor-General oflouisianaito
the Command of the DistriB), repaired to the Flag_
staff; and the ‘American Flag being atranged, it
was by that Officer hoisted half mast, and the French
Dagloweired the same distance; in which position
they remained for some minutes, when Anteri-.
can'Fbig;was hoisted to /he: per pact of the staff,
and-the-FrerichlColourslo.wered. •

Daring this tatter 'ceremony, the drums and fifes
of the detachment Played' " Yankee Doodle :" the
troops: hen fired a ohne of sixteen vollies, which
191 i-succeeded by three "hearty cheers" frott•" all
hands" present.

,The then.retnrned to the .place where
they had firmed on. their I,?nding, and pat took of a col.
Li Lion, ordered on the occasion by Maj. CLAIBORNE.

INDIA.

WE-are enabled to lay before the Public. articles
df intelligence from India up to the 16th df 'August.
No adual news 'of the War hid,reiched Fort St.
Gorge' avlate as-the'abOve date..
When Admiral Litt° s's Squadron fled from Pon-
dicherry in the lasiiviik Of -July (probably on re:
ceiving the intelligence of 'the War from the French
Government), they left- on shore 'so Troops, and
six .sacksi.of dollars, landed, from one of .their Fri.
gates, This treasure is now
,in our hands,. 4s is
also the. lown, though the French Troops are not
disarMed. The French agents had already begun
to form a vast establishment of, Sepoys, by
,enor_
mous bounties, . and increase of, pay, beyond that
which we give to our Native Troops. The num-
bc•rs stateol to have been enrolled, though not regi-
inntcd, are not less than sOOO.- This force is now,
however, -necessarily dispersed.
The'metancholy loses by sickness at Ceylon, pre-
vious to the late dreadful massacre, are: beyond all
belief. pestilential fever had fallen chicfly on
the 19th and List Regiments, of whom near three-
fourths had perished, or -were invalids! Of the
Grenadiers of the 63th, who disembarked from tbe
Cape,,out of ninety effcaive men, only twelve sur-
vived, about .four months since.
A.strong force had been ordered to embark from
Calcutta, to co-operate with a smaller body frOm
Fort St. George, supposed to be destined fot Cey.
ion, or for. the Northern Circus, for the. pnrpose of
co-operating with the other forces against the Mah_
iat tabs ; if ;o, they will probably land at Ganjam...
An. Arm y of Observation had been ordered to as-
sertible at Wallajabad, to consist of the 34. th, 73d,
and two.regiments of Native Infantry.. The acces-
sion, -however, of a new Nizam to the Musnud (by
the dealt' of the old) has suspended this order; and
the 80,_11 Regiment,- together with the 2.2 d (laze'
zrith) Light Pragoons, with one Regiment of Na-
tive Cavalry, and one of: Infantry, have been or.:
tiered co-join the force to Northm,;ard,' left tinder
the command of General CALIP,B,E

COURT OF KING's BENCH, GUILDHALL, MARCH S.

READ MESTAER.

THE Plaintiff is well known as a very consider.
able dealer in cordage forshipping, and the Defend,
ant is a.tihip.owner. This. ?Ilion was brought. to
recover the value of cordage to. the ,amount of
2081: is. 8d: It was furnished for Constantine,
Sir Step/ Lusbin.gton, and .A.deona ships,in Oa-oher
and December.lBo2,..and in February 1803, under
art agreernent, that a Credit of twelvemonths should
run froin the tsth OaoberoBos, after Which a bill
Wa'o to be given at twelvemonths...more, making to-
getheea credit of two years.
..The question in this
cause was,- whether the expression a bill, used in the
tontraB, :denoted a bill: accepted by the Defendant,
or, in the commercial'phrase, a bill to satisfadion

Messrs: ERSKINE,GARROW, and GAZE LEE, for
the Plaintiff, proved the deliv,ery of the cordage,
admitted the extent pf the credit, but contended
that the. expresion. a pill was not to be rsstrided.to
the mere acceptance of
,theDefendant,..but denoted
such. a
.securttz
.tats was negotiable in the money
Market. 7Chey: said, that, the objeaion-had miser
from the diltionpur of certain billa -on the Delend-
ant,
,and:that the alarm ;of the Plaintiff. in copse.
quence:had produced, the present action.

i ATC3SISiDALLAS,MARRYATiandeummiNc,on.the
contrary, 'contended,. that no,such ground of ,alarm
could be a pretence for. this. aaion; that the mo-
ney. w.aa not .due.until Oaober, rBo¢,'•and therefore,
no present foundation was laid for it. They put in
the agreement Under :which:the cordage was sup-
plied, andby the witaess.&ewdiek:they prOved, that
the acceptance .of the 'Defendant was- the common
Course of the.paymenti:between the. parties. .They
were further contending, that the expression a bill,
in the contra d, . clearly .pointed to this acceptance,
when they were interrupted by the Jury, who said,
that the contrail in this case was for the acceptance
of the Defendant.—Plaintiff Nonsuited.

r

READ 5,7). WHITE, MESTAER AND MARSH.
This.aEtion, was Itrotight,,for cordage. supplied to
the, Prim-4,i Mary, Captain Green, of which ship the
Defendants. were joint,:owners. Zilat thew White,
of.Finsbury-square, having become insolvent, bad
oot_discharge.d the amount, which was stated to he
19891., Is, 7d. A bill had been drawn for !this sum,
and had been renewed a second and a third time it
another bill of. 52121. which last included
payments or cordage' on other ships with which the
two_latter-Detendants hadino-ctincern. The ques.
tion in this case was, whether the renewal of the
;bills under these circumstances, without the privity
- of the two latter Defendants, did not. release them
from all respoosibility
l Messrs. ERSKINE and GAz v FE, for the Plaintiff,
' proved-the delivery of the cordage on account of
all the.Defeodants; they shewed likewise, that no
payment-had been' made; and said it Was the clearest
case- in the•:tvorld, that all the owners, under ship
tontrads, we're liable for' the articles supplied :
that `with resped to the renewal of the bills, it Was
for the-accommodation of all the Defendants, and
that the two lattercouldnot be' supposed to be un-
acquainted wiih the payments made, or postponed,
on account -of the Prifiress Mar), for which, no
doubt, books were kept open for theinspedion of all'
the proptietors.
Mesars. DALLAS and GI nns, for the Defendants,
admitted, that co the original agreement all the
Owners were ; but they said, that the
Moment the credit was expired, and Mr. Read,
for the personal and exclusive. accommodation 'of
Mr. White; -enlarged the- term of, payment, the
t-wo latter Delendatita were exonerated. They
Said, that "had Messrs. Mestaer and Marsh known
the whole account with the Plaintiff, was_ not' en-
. tirely cancelled, the freight due from the India
House, to the ?Mount of twelve or thitieert thousand
pounds, might have been kept from the hands of Mr.
White, by which Messrs. Mestaer and Marsh would
have been 'fully 'indemnified. The Learned •Co*Unsel.
• then produced evidence to shew that the delay in
the payment was exclusively for the accommodation
of Mr. White, and without the privity of the other
Defendants. Mr. Commeray gave testimony' that,
it originated in the personal friendshipaf,Mr.Read
for the first Wendane, who'thus strongly expressed
himself, ,‘ I would goto Hell to serve him."
Lord ELLENBOROUGH. summed up the evidence,
and said, that the question for the consideration of
the Jury was,, if the indulgence given White was
with the knowledge and.concurrenee ,of the other
Defendants, or Whether Read, by his conclua, agreed
to look to White as his sole debtor 1.--His-Lordship
said, that it is not absolutely necessary for the dss-
chargepf joint parties that there should be a formal
receipt given ; the nature and•circurnstancea of, the
transaftion will often sufficiently establish that dis-
charge.—Vcrdia for the Defendants.

TUESDAY, MARCH 6.

STEIN AND CO. V. DOWN AND CO.