The Sun.
London, England, 1803-02-14 00:00:00

ARIS w. DICKII.

Mr. SCOTT said he was to chew cause against
a rule which had been obtained by Mr. Maw',
and which had been obtained upon the affidavit of •
the Attorney of Mr. Aris, which 'stated that this
a6lion was brought against. the Defendant, who is
a Stationer in the Strandv for defamatory words by
him uttered of the Plaintiff, that he was a murderer,
that he starved two prisoners therein named, Shander
and Johnson ; that they were,in the custody of the
Plaintiff, as keeper of Coktflarli-fields prison ; that
one of them` died in the House of Correelinn, of
_which the Plaintiff is the keeper, and the other in
the Hospital tionn after his enlargement. That to
this declaration, the Defendant, by Mr. Con.
cannon, his Attorney, pleaded the general issue, but
afterwards requested leaye ,to plead a justificvion,
which was granted ; that the Plaiptiff's Attorney
calltii on the Defendant's Attorney in the month of
November last, for his plea, whenle,was told he might
sign judgment for want of it ; that judgment was
Signed accordingly ; and now it was the wish of Mr.
Aria to have the writ of inquiry of damages in this
cause executed before my Lord Chief Justice and a
Special Jury, instead of the ordinary course of having
.
it executed, which was before the Sheriff of Mitt.
dlesex. Mr. SCOTT observed,. that this was' -not
sufficient ground for taking the mattes out of the
ordinary course of business. Here was nothing but
the desire or wish of the Party, which was no boon.
dation for the application.. In answer to. this ale.
plication, Mr. ScoeT said, that his Client and his
Attorney had made an aftidavit, that was to say,
William Dickie, of the Strand, Stationer, the De.
fondant in this cause, and Matthew Concannon, of
Coleman-street, his Attorney, made an affidavit, by
which, first; the Defendant said, that notice of a
writ of inquiry had been given to him, so be exe-
cuted before the Sheriff of Middlesex in this cause;
that the Defendant had no other reason than that it
would load him with expence to have this writ of
inquiry executed before the Chief Justice and a Spe.
cial•Jury, and which 'expel-ice the Defendant CannOt
Support. .
And Mr. Matthew Concannon the Attorney for
the Defendant; swore, that this aLtion was COM•
menced in elle year i Sot, and that no notice of trial
was given until June itioe. That the interloctitory
• judgment,Wee signed in Michaelmas Terin following,
and that notice of inquiry was afterwards given,
bat 'at the desire of .the Dep6nent it wiis.p.istporied
until a future day, and then continued by the Plain-
tiff's Attorney.
Lord lELLENuoitoucit said, he aia not wish to
take. up the question of the propriety, t)i' this up.
ptiutioo opw upon the general grouni, but here,

the Only objediori stritest of
.behAlf of the be.
lendant was the Expence) the increase Of the cost;
being what he could not sustain. Now his Lord -
ship asked if the Plaintiff was ready to instain as:
difference of the costs to be occasioned by thi:
Cause ?
Mr. GAttitow said, he understood his Lordship
to mean, 'that the Plaintiff, when his costs cause to
be taxed, shoat have no more- costs than if he had
pursued the ordinary cOurse of executing the Writ
of Inquiry before the Sheriff.
Lord ELLENBOKUVGH said, that spch was' his
meaning, and he understood Mr. SCOTT. to say,
that the additional e4ence was the only ohjettion
his Client had to. this application, and if this were
removed, there need nothing- further be said on the
subjett, tbrjher, the Rule might be Made abbolute
by consent.

Mr. GAttaow saidt that. he was, willing to un-
dertake for the Plaintiff to sustain the extra exe
pence which this Course would occasion,
Mr. SCOTT submitted to the Court, whether It. -
was not incumbent on Mr. Ails to,state something
more than he had done, in order to be entitled to
have this application assented to by the Court.
14e should alledge 'seine reason for thinking, if he
did think, that he would not have as much justice
done him before the Sheriff, as before one of their
Lordships. He had not done so, hut he had already
acquiesced in the common mode of 'proceeding, for
he had once given notice of executing the Writ of
Inquiry before the Sheriff.. On the part of Mr.
Dickie, he had no particular objeCtion to this mo.
tion, because he was assured that he should have as
much justice done him before the Chief Justice and
a „Special Jury, as before the Sheriff, yet he could
not consent to this Application, because no ground
had been laid for making it. •
Lord ELI, E N BOROUGH said, the Court had not
pronounced on the Application itself, it had merely
thrown our, whether, as the Healy objeftion to it
was removed, namely, the expellee, it might not he
done by consent, and .the Court had thought there
was an implied consent in the statement, that the
only objection the Defendant had, was to the ad..
• ditiunal expence ; now that had been removed, and
there, it should seem, was an end of the matter.
Mr. Scorr said, he could not consent to any
thing in this case nut of the common rule. Igo
submitted, that • Mr. Aris should have stared
a better ground to support this application
than his mere wish. He did riot chuse. to agree
to any thing on the part of, Mr. Dickie ; the bu-
siness must take its course. If their Lordships
would permit it, he would repeat the substance
of the affidavit ; which he did, and by which, he
said, it appeared , that the parties •hatl, for their
mutual accommodation, agreed that this inOtry
should be postponed from time to time, but nothing
transpired until Thursday
last of any intention to,
take this course to have the inquiry executed before
the Chief Justice and a Special Jusy, although the
aftion was commenced so long ago as the month of'
JUTIC, tBoi. He could nor conjedure what reason
Mr. Aris had fur taking this course, since he did
not assign any. He must leave it to the Court to
say, whether, upon such materials, it would al-
ltiw this cause to be taken out of the common course
of the administration of jnitice.
Mr. Getaltow was going to address• the Court,
wheri . . ..

Lord ELL EN soaourm observed, it was tinneces..
nary. This was an, application, not in the
ry course, but founded on the partiCular situation Of
the Plaintiff, holding an offi.:eof Public Trust„ who
WAS accused of mindering persons under his care.--
It was therefore necessary that the, miner, should
undergo a more public discus inn, than, as it were,
in Camera, in the Sht.riff's Office. It
_there was'
• 4,,
matter of hesitation fox the Court, fit was chiefly'
}n the score of expellee ; but that difficulty was re.
moved by the;Plaintiff haVing undertaken to relieve.
the Defendant from
,that. expense, and therefore,.
,considering the nature
,of tin, eomploint, and eon.'
sidering that there ‘4s nu iii,.:onvetlience to the De,..
fendant, hisLordshipr,diii not see any ground fur
refusing to assent la this application.
Rule .absolute, on condition that the Plaintiff
shall switain the extra 'expences of executing this
Writ of Inquiry.

TILE SARI, OF STAMFOkD ru..11( cILVERT HEATri.

COTE, AND OTHEki.

This was a Rule to sliew Cause why .there should •
not, be a Trial at Bar had in this cause, on the
ground that it involved property of great magnitude,
ti;:. Right of. Common to to,ooo Acres of Land in
LiAcultishite, and on which account it was thought
not advisable to try, it in that County. Most of the
Defendants, as well' as the Plaintiff, wished this,
course to be taken, as being more satisfactory than
a Trial at the Assizes. But Sit Gilbert lieathcate
Objeeted to it, and submitted the propriety of its •
taking the usual course.
Mr. ERSK INS jocosely observed, that he repte.
sented Mr. Dim Mock, the Champion of England, in
this cause, and it was .only out 'of respect to 'the
Court that he, did not. use his privilege of making
this motion on horSeback,. according to, the rules
•of ancient chivalry. This cause was stated to haste
excited already too lively an interest in the county
of Lincoln to be fit for trial there, &c. and on ac-
count of its magnitude he submitted the propriety
of its being tried at Bar,
The Court observed, that although io,ooo acres
of land-were involved in this contest,. it did not
appear that many points of law would be discussed ;
the mere magnitude of property in a contest was
not a sufficient reason for such anrapplic4tion as this;
and if the Court'granted this application, it would
only be an encroachment upon their time, already
sufhaently occnpied.--ltulc discharged. .

UNION HALL.--,011 'Thursday last the Society
for the suppretsion of Vice hronOt Wore-11w Magi-
straws, thirty Publicans for anffrrinp tiprtin in their
houses on the preceding Sant4V during Divine Ser.
vice. The parties hid recelied- a previous caution
from the Society; hut nor attending to the sAme, they
were prosecute 4 and conviaed in the full penalty
of tbs. eileh) with costs, and received a suitable
attnonition from the Benclt

Wednesday a shoemaker was conviard at Nor.
wieh, in the 101 l penaity, lot exposing tairty pair
of shoes and boots made of WO itiawrials.

EAST INDIA SHIPPING.

Times appointed for the following Ships taken
vpfor the Season, iSoi.

'Ocean, tzoo Tons, Capt. Andrew Patton, and Henry Ad-
dington, 't 260 Tons, Capt. john Kirk patriek,• to Madras.
Bombay,. and,China ; Castle ,Eden, Bt3 Tons, Capt. Alex.
Cunning, , and. I.Ord Duncan, 830 Tons, Capt. 4\.nthony
' 'Murray for Bengal, to be afloat Aug. 28, to sail to Graves-
:end Sept. it, to stay there 2o days, and to be in the Downs
Oet. 7, 1802,
Earl Camden, t2oo Tons, Capt. Nathaniel Dance, and Born-
bay Castle t2oo Tons, Capt. Archibald Hamilton, for
• Bombay arid China ; Royal George, 1200 Tons, Captain
lohn Fain Timinsl for St. lie:cinicpßeneoolen, and China,
to be afloat Oat. a 6, to sail to Gravesend N0v.,9, to stay
, there 30 days, and to be in the Downs Dec. 'te.•
Cumberland, saoo Tons, Capt. William Ward Farrer, for
Coast and China, to be afloat Nov. 9, to sail to Graves-
end Nov. 25, to stay there 3o days, and to be the Downs
Dec. p.
Cityy, of London, 82a 'Toni; Capt. Samuel Landon, for St.
Helena and Ben ;al ; Achinral Gardner, 813 Tons,• Captain.
Chapman Bradtord, • Sir Stephen Lushineion,, 608 Inns,
Capt. George Conch, for Coast and Bay, to be afloat No-
vernber 25, to sail to Gravesend Dec. 9, to stay there 30
days, and to be in th 7; Downs fan. 14, 1803.
Elphinstune, i 206 Tons, Capt. Milliken Craig, for Botribay;
Windham, 'B2.a Tons, Capt.' Thomas Graham, and Val.
pole, .820 Tons, Capt. James ..Sandiland„s for Madras,
to be afloat' Dec. 9, to rail to Gravetend.Vec 22, to stay
there 30 days. and to.be in the Downs. Jan. 27.
Hugh Inglis, 820 Tons, Capt. William Fairfax, and Lord
Castlereagh, 812 Tons, Capt. George Robertson, fur Coast
and Bay ; and Charlton, 818 Tons, Capt. Thomas Well-
advice, for Bengal, to be afloat Jan. 9, 18e3, to sail to
Gravesend lan. 23, to stay there zo days, and to be in the
• Downs Feb. tB,
Calcutta, 8:9 Tons, Capt. Willidm Maxwell, and Earl
iotve, 876 Tons, Capt. Robert Burrowes, for Coast and
bay ; and'Lady Castlereagh, liOo Tons, Capt. William
Edineads, for Bengal, to be afloat Jan, 9, to, sail to 'Craves..
end lan. 23, to stay there 3o days, and to be in the Downs
Feb. 23. • .
I.'exford, 'leo Tons, Capt. john Henry Pell, for Coast and
China, to be afloat tan. 23, to salt to. Gravesend Feb. 6, to
stay 'there 20 days, -and to be in the Downs March 4.
--, Soo Tons,-.Capt. Charles Lennox, for Be--gal; and
Warren Hastings,. taco Totis, Capt.
_James Thomas, 'for
China, to be afloat Jan.. 2'3, to sail to Grave Send Feb. 6, tp
*ray there 30 clays, and to he in the Downs. March /4.
.0-, Sao Tons, Captainc4ohn l'rice; Ceylon, 800 Tons,
Capt., Thomas Heel:ioni tor BOmbay,and Madras ; Europe,
Sao Tons, Captain WilliamGelston, for Coast and My ;
purer. izoo 'tons, Capt. Henry 11.1eritbn ; Dorsetsbire,
-12eo Tons, Capt. John Ramsdell ; and Courts, nob Tons,
, Capt. tobert Toriri, for China, to.be afloat Feb. 6, to sail
to Gravesend Feb: 21, to stay there 30 days, and to' be in
the Downs March 29.
Earl Spencer, 64; Tons, Capt. Charles.R alit ; arid Breston,
67z'ions, Capt. Ilenry Sturrock, for Bengal ---, 1200'
- • Tom, Capt. --, for Bombay; 1-1-ope, man Tons,
Captain lames Florneastlel Watley, .1200 Tonso Captain
Henry Wilson ; Earl of Abergavenny, tate, Tons, Capt.
ohn Wordsworth, Jun. ; and Woodford, :180 Tons, Capt.
rimes. Martin, for China, to. be afloat Feb. at, to sail to
ravesend March 7, to stay there 3o days, anti to be in the
Downs April 12.
Ganges, moo Tons, Captain Alexander Gray ; and Alfred,
r 198 Toni, Captain j tunes Farquliarscm, for China, to be
afloat March 8, to sail to G ravesend March 13, to stay there
2.0 days, and to be in the Downs April 18.
Harriet, 549 Tons, Captain, William Lynch, _ for Coast and
Carmarthen,Bay ; Cararthen, 550 Tons, CarD ; john obree, tor St.
Helena and Bengal ; ' and Experiment, 549 Tons, Captain
James Carnegie, for Bombay, to' be attodt..Dec. 9, and to
sail from Gravesend lan. 9, t 8•03. -
Huddart, 547 Tons, Capt. Thomas Gabriel Bayliff; for St.
Helena and Bombay ; and Union, sso 'ions, Captain John
Maz:kintosh, for 11,12dras,' to be afloat Jan. a 3, and to sail
front Gravesend Feb. 29.
Princess Mary, 462 Tons, Capt. T------, for Bengal, to be.
afloat Feb. 6, to sail to Gravesend Feb. 2.t,' to stay there
30 days, and to be in the DOwns,March 29. ' ,

At ~Meeting 01:Gentlemen of the City and the
County of Limerick, held at the Rtval Coff,;e.
House, 2gth January, 1803 ;
Hon: JOHN MASSY in the Chair;

The following Resolutions, moved by LANCELOT
HILL, Esq. and seconded by the Rev. Tifoltns
LLOYD, were unanimously agreed to
That an Addresa be presented to Ivlalor..Geniai
IVl6aßtsorg, expressive of our approbation of his
tom:a-while in the Command of this Distritt, and
our grateful sense of his unremitting erideavouri to
preserve its tranquillity, and to suppOrt the laws
and Constitution of the Country.
That Copies of the Address, and of Major-Gene.
ral MOttxtsoN's Answer, together with the Pro.
eeedings of this day, be published in the Litnetiek
Newspapers, in the Dublin Journal, and in the Sun.
.'(Signed) Jou N MASSY, Chairman.
Mr. MASSY having left the Chair, and Licute.
nant..Colonel CROKER having taken it,
Resolved, That the Thanks of this Meeting be
given to the Hon. JOHN MASSY, for his proper
coridua in the Chair.