The Sun.
London, England, 1803-02-19 00:00:00

ARCHBUT v. GUYER.

This was angtion for an assault. Plaintiff
and Defendant .140 in the same house, and there
was a squabble, between them for rent, in which
the Plaintiff's wife attempted to strike the De.
fendant, but missed him ; the Defendant struck her
and gave her a black eye, and her face bled.
The Jury assessed the damages at t sl.

Several Causes were then called on, in which the
Parties were obliged to withdraw their Records,
upon whiCh Lord ELLENBOROUCH observed, that
from the turn which some of the Indiatnents had
,taken, the Parties in some of the Civil Aetions
might have expeeted that their Causes would not
come on, and had therefore speculated 'won the
matter. This .was not an allowable speculation ;
but under all the circumstances, his. Lordship would
not order the Causes in which the Parties were not
ready to-day, to be struck out hut he desired it to
bc smilesktimij that in &tam in must as su in all

CIIMNINII ate a, ;re neit " rtic7 -ttitTV
Wog.' •
are called on.. Hts Lords Lai, he thought
was called upon to say,.tht—by way of notice; for
he must gt:to.:antit her 0.1114. chit; town to adtnini:.
stet Justic,4,l,.wligrer,o great deal Of businesa remajord
sc,
.1)e doe, ;ttor aid ile 'wish to. forger. the,acCom,
=dation ,which would be, wanted forthe: Gentle,
men of the Bar who were to go upon the Circuits,

ANEctote or,CoL. The Colonel;
When between sixty and seventy years of age, had
the command of a. Brigade. of British Troops in
the City of Portalegre, in Porttigal. Being ore
dered into winter.quarters in the above City, the
Weather being very rainy and disagreeable, and
the troops inactive; the Officers endeavoured to
compensate themselves by, making aceluaintancti
among the' Ladies, and .particolarly with: some
of the Religiedses of the Convents, both of the City
and' its environs, in corisequence of which many diS;.
orders were complained of. This was so often the
case, that the old Colonel began tube scandalized; and
being tenacious for the honour of his own bartafiov,,
which was called after his name, he-one day ordered
the whole corps on the parade in the great square/
wheie he harangued them on their, to him, seemio4
miscondu&. " Prak, Gentlemen (said he), is this the
example I have set before you ?' when have you seen
me running after men's wives and daughters ? whir
debaucheries have you ever seen me commit part of
your condua, Gentlemen,' let; me tell you,' is not•
soldier.like; have more regard to your own coil:.
Sequence, which yOu have 'lowered greatly, and to
the • honour of the Regiment, which, •1, 'have the
pride of saying, was by my example tmder vers.l
good regulation while we.:were. encamped, but in
thii City you have much degenerated, 'esten.frotti
discipline—Your heads' •seen all turned ;• -:even
under arms your I,ooks, instead of being fixtid
the right, In an uniform' and mani;el,
are in everrdiretlion at once-;-niy,battalion is cur:
rounded with females of all ranks; agts quid classes
when did you ever See me give them aity eneoarage.
ment Then there's such noodding, w inkling, and leer..
ing that a estranger might imagine Many, or most of
you• had got the palsy in 'youn'head4.. Some of
yon'have descedded to the meanness of pulling off
your hats. For shame, Gentlemen 1 a .soldier why
takes off his hat ;when under ar4ns, and in bare
tailor), betrays an ignorance of military
plitie•; and I can assure 'you, Gentlemen, that tlme
French are such strict observers in that point, that
even in the Cathedral of Notre Dame at .Patis, the
Military do not uncover their heads, bat they pre:
sent their arms, which shewsmore'resped, and the?
believe the Divinity to •be present ; while yoOlsik
,example, the other day, when praCtising for the re
view, instead of saluting the General as you passed,.
you saluted the contrary way, and at a wrong pniri
of time. I could not conceive what the devil possessed
you all, till my Adjutant told me afterwards, it was
that tall Countess of etTELLO BRANCO, and the fat
Abbess of Sainte Julia, that had sent all' your heads
td the left,• and caused the disorder. //peeper of
AbhesSes; there's the Cavalier Don Joss RFBCLL.d
has .brought' a complaint from- .hli'sisteri Danny
TERESA MARIA, the Abbess of Santa Clara; that
you, Captain ()PRO U RKE, ;apt into the Convent in
titer disguise of a water-carrier, and forced your way
into the cell of Donna PAULI NA ROVER°, a t whosa
father's house you were quartered at A brantes ; the
touriere has coofessed to Alm Abbess that,you
her to shew you the way; the Abbessinsists you must
go to her and make your apology in pet-19.9004i
it you. Itadalone at first, probably she, might(hve;
passed it over ; she' says lOU .ILpie. C 01111111440 a
breach of monastic discipline. in ;her hotne, ailelßfli' I,
arn •snyielf an admirer Ql.disciplipel I recut-mm.44
to.you, Sir, to heat theAlreach 4a soon as 06,sskiAet
and at the lame time, Sir, that_you would.,betaa
your guard ; .fori AtlOUld yOO foFCe yOur w4y.r.:411.14
the cell of 'the. Abbess, You iln4Z -111414
Corps :into the, Inqu6ition,l*

--==-•:

~~:f".ii "y'l.

A E FROM I ARIS, DATkr rrll:4ti:

.1.4 It is.scareely possible to furnish you with netv4
or entertainment in thepreAnt,,siate of this, capful.
The mortality by which-it is ticaplated:maybe said
ahriost tos.xue, ed the bounds of credibility. Within,
the last ,ten (Lys, I lave. been ii3so rc:,l from ars,.
otTioiatAtytrter, the number. of. interMeitts hav4l4
amounted. to Tour hundted Per diem u the average...
or four thousand in tile .whole of that term,
.veral..persons distinguished for their birth or. the 4
character are upon this, funeral list.. Sr. LAstiiEßro.
who was distinguished.. by the title of ." The
Titomst):l of France." c...1V510 the Poet, the au*
thor of cle ; Lis4AKNIly Who herd*
stood high the political world, and who fOrmei y°
read !attires on the Alit: Leaves ; 'the;
celebrated Astronomer y arld,t tic Abbe. DLL a'
poet of rebplcoskpc incrit, lave .atteaciy dropt
into the tomb, or. ace, given ur vr by their p'lysi.
cians within that short perig.d.. fry tatuily is in
mourning, and thete is, scarcely one individual in
ten who has . not been in some degree. attacked.•:—!,
\lola is
.extrernely-stogulat is, Alm the strangers
in
.Paris have almost wholly escaped this dreadful'
contagion,

" In the midst of this calamitous scene, the chit,.
rafteristic gaiety, or ratherthe insensibility, of thg
lower order of'the Parisians, has not failed to deve.
lope itself as usual. They have given to the.disor-
der the' title of La Grippe: it has, under this
title, beep made " the sad buttlien of a merry
rsong ballad.singers have their audiences
to every street, and it is no uncommon thing to
see, ".whilst frequent hearses blacken all the way,"
the mob divide itself, .in order to suffer the melan.
,choly precessions to pass, and again to Inrin thetn...
selves en :rouge to hear the A:mew:ire piaisavieri'es
of their favoui ice ballad l Even those of a higher
order partake in slime degree of this spirit.and tem..
per. I was speaking but yt.sterday tens Parisian of
sonic distinaion on this subjed, and remarked, with
some surprizey that Vortigners had so singularly
escaped from the distemper: llis answer wit', cu.,
rious---," Let Revolatioa dis .it.rd, nat44 a reida
Egosistes grrr nous gardoa pear now,' juqu'a hi
Grippe." The Revolution, Lir, has rendered tl3
selfish,' that we keep every tltib tuounelvtb, cvel4
to IA Griat4"..

OLD BAILEr.

THIRD DAY--.FRITYAY, TETI. IR:

;tunas Negtahrtrd, and Jahn Price,'were indifted
under what is called the Black MI, for feloni.
ously assaulting, cutting, and wounding Robert
Pigeon, near Hammersmith.
This case, the particulars 'of which were detailed
in our Police Report, was, as far as the important
fads went,•'made out against the Prisoners. The
affair arose in consequence of a box being stolen by
the Prisoners, from a cart, which one of the Wit.
nesses was driving on the Hammerstnith road, and
with which 'they ran off. The Prosecutor joined
in the pursuit, and in his laudable endeavours to
secure the Prisoners, WAS cut and wounded in a
terrible manner, particularly in the face.
The Learned Judge, in the course of his •obser_
nations to the Jury, stated, that in order to bring
the charge legally home to the Prisoners, .they
should he convinced, that there existed a malice
'prepense in the minds of the assailants, and also a
lying in wait was required by the Statute.
Under these observations the Jury, after how.
ever consulting some time, ifequined the Prisoners.
They sviee afterwards tried upon a charge of
larceny, in stealing the trunk in question, the pro.
petty of
/lames Dickenson.,
It appeared by the evidence, which was nearly
similar to that given on the before.mentioned charge,
that the box was seen in .the possession of the Pri.
sutlers, and that they,
,afterwards tan off; in conse.
quence of. which, the circumstances that gave rise
to the above indiaroint took placee—They were
found
.Far,dfir Gayland, a man of very,respellable ap.
penance, was charged with stealing divers notes
and, post-bills of the sank of England,
_ to the value
Pf t wt. the property of Oliver Downing.
The Prosecutor, it appeared, had lodged at the
Northumberland Coffee-House, in the mon'th of
September last : the notes, Am. were deposited in
his portmanteau, which lay in his apartment.
lie hail been absent from the house a short time ;
however, on the t zth of September he saw the
/dotes in question, and on the 17th he discovered
that his portmanteau had been broken open, and the
Jules, ik,c. taken out. It farther appeared in 'vi.
Hence, that the Prisoner lodged at the house at the
same time, and occupied an apartment adjoining
that of the Prosecutor, and that very few of the ser.
vants of the house had any access to it.
By a different chaiti of evidence,,it appeared that
the Prisoner had, on the i eth of September, par.
chased various articles from discs different Linen_
drapers and ,Haberdashers, who stated, that he
changed a Bank of f3ngland. Note with each of them.
The Prosecutor declined to swear positively as to the
identity of the notes so prodUced, but this deficiency
in the evidence was made up by that of a person
from the Colchester Bank,' who stated that lie had
given the very-notes in question to the Prosecutor,
as part of the change of a 2001. Bill.
Oct evidence to this effe&,, the Jury found the
Prisoner Guilty, but strongly rccomnscrlded him so
mercy, under the supposition of its being his first
offence.

The Special Commercial Academy which has
existed at Berlin upwards of la years, under the
diredion of M. Sciernrz, has ,recently been-de.
derv,' a Public Establishment, by a Royal rescript,
which at the same time assigns a sufficient fund for
its support.
On the 34 instant, at a faren.house, about the
distance of three miles from the Lemmer, in }bl-
ind,' some one knocked at the door late in the
evening, just as the good man was on the point of
retiring to rear. He asked--t Who is there.?' and
though the answer gave him to understand that it
was a friend, he still had his scruples; and delay.
ing to admit the friend who demanded entrance
under that much abused appellation, a • voice in.
formed him, that the person without was a be.
righted .travelier, ignorant of the road, and almost
perishing with cold, and therefore humbly request.
ed permission to pass the night under his friendly
roof. The heart of feeling }fumanity. could
o not
withstand these pitiable accents; suspicivanish,
ell; the door aew Oren; the hinges, the bolts,
the lock, gave way to the general sentiment of
tompassion; but scarcely was the generous' ad per.
formed, ere six ruffians press inwards, and pro.
treed unceremoniously to the inner apartment,
Where, in the first place, they demand refresh.
*tents. The farmer, too late 'aware of his credu.
Pity, perceived that all resistance would be vain;
ftir the countenances and the resolution of his noc.
'lanai guests bespokethiir infernal mission: min-
therefore, he called up his wife, who had
just retired to bed; 'and she, agitated by a thou.
sand fears, lighted a fire, in order to fulfil a de.
*wild which it would have been madness to
resist: While prepatatinas were making for this
extettordinary supper, 'which, with the clarnour•of
the ruffians, occasioned an unusual noise, the servant.
man, who slept In the garrei,,was fortunately roused;
lie left his loci, and creeping softly down the stairs,
peeped into his master's apartment, where he saw
the intruders, and the evident agitation of the far.
Intl- and his wife, Fortunately he did not thew
Himself', wisely conceiving that he could render no
essential aid against so unequal a force ;' but •pro•
cecdcd gently towards, the back-door, which having
opened without making the least noise, he bound
on: his skates, and departed for the ',calmer with
inconceivable expedition. Arrived there in a few
minute's he gave information of the circumstance
to the minutes,
and requested and obtained assistance;
and thus • reinforced, he returned to his otter's
dwelling ; on approaching which they heard the
cries and moanings of the farmer and his wife; for, :.
Living supped, and not dreaming of molestation,
they had judged it high time to execute theiratro.
(ions design ; and for this purpose they had bound
their victims. At this critical instant the servant.
man, with the officers of justice, entered: the apart.
and the villains, surprised and confounded,
had not time to think of /resistance, befetrc :they
were every one seined, anAtshortly afterwards safely
lodged in prison,.

SNARIFF4 coußr.

'SLVOIZ SAMULL, COLLLNICIDGL, Ls 4. AND A SPLCIAL

JURY.

SMITH, ESQ. v. DEANE.

Tuts was an InVisition of I/trudges, awarded in
a cause in which Spencer Smith, Esq. the late Am.
bassador to the Ottoman Porte, and Brother of Sir
Sidney Smith, was Plaintiff; and Mr. Deane, a
respectable Li very.stable.kcepet, in Bond:streer,
was Defendant.

Mr. 'COUR 'COPP stated the case on the part of the
Plaintiff, whom he represented as having received
an injury from the Defendant, aggravated by the
insult with which it was accompanied. The Plain.
tiff, whose town residence was in Bond-street, had
The use or a four.stall stable and coach-house in a
yatd immediately inijoinieg the premises of
.Mr.
Deane, who conceiving that the Plaintiff's carriage
was in his way, took every opportunity of qearra-
ing with the Servants of the Plaintiff, and speaking
degradingly of their master. On the day stated in
the Declaration, the Plaintiff's coachman and Groom
had put the horses to the carriage, and Mr. and
Mrs. Stniih were full dressed, ready to proceed in
'it to the Lever at St. James's. In the mean time,
the Defendant Contrived to draw the carriage on
his own premises, after which he severely beat the
Plaintiff's Groom with a switch, and swore he,
would now Wave satisfaetion. The boy went crying
into the house, and the Plaintiff's Butler went out to
inquire what was the matter. The Defendant said
the carriage had no right to be where it was, and
damn him, but he would have satisfaction'. He was
asked, What satisfaction he required ? He replied,
he would see Mr. Smith. The Butler returned,
and related the transaetion to his master, who declin.
eel having any thing to say to the Defendant. Mr.
Deane flew into a violent passion, •and swore the
Plaintiff should neither have the carriage or the
horsea again. He accordingly ordered one of his
servants todrive the carriage to the Gteen.yard, and
there leave it. The consequence of this unwarrant-
able proceeding was, Mr. Smith and his Lady were
obliged to content themselves with a hackney-coach
for that, day, and the Plaintiffwas afterwards undee
the necessity of hiring another carriage and other
horses. He had brought the present action of Tro-
ver to recover the value of the carriage and horses,
which the Defendant had so unjustly and insolently
withheld, and ample damages for the insult he had
received, and the inconvenience he had been put to.
The Learned Counsel urged the humiliating state to
which the Plaintiff and his Lady had been reduced
by the violent conduct of the Defendant : for a Lady
of FashiOn to be compelledsto go to Court, or to
pay visits in a hackney-coach, was . so degrading,
that scarce any damages could be deemed an ade-
quate compensation. He trusted the Jury would
give those which should have the effect of prevent-
ing the Defendant ever being guilty of a similar
offence.
The Witnesses for the Plaintiff, consisting of his
Butler, Groom, and. other servants, exadly con.
firmed the statement made by the Learned Counsel.
Mr. ESP NASSE addressed the Jury for the De-
fendant. He observed, that the behaviour of the
Plaintiff's servants had been uniformly dirdled to
his annoyance in his business. They had repeatedly
placed the carriage in that situation which preclutl.
ed all access his ride and stable yard. Ile had
frequently remonstrated, but without effed ; and at
length finding the coach and house's upon that part
of the premises which was exclusively his own, he
had ordered them to be driven to the straw.yard,
conceiving he had a right to do so. '[lie instant he
discovered he was erroneous in his opinion, he
made that proposition to the Plaintiff which do
Gentleman ought to have refused. He offered to
return the carriage and the horses in the same.state
as when they were taken ; to pay all expences; and
reasonable damage for`te inconvenience sustained
and further to make a stiitable personal apology to
the Plaintiff. But no : this overture Was not sufft.
cient to satisfy the wounded pride of. the Ex-Am.
bassador. He insisted upon having a formal.apolOgy
signed by the Defendant, and inserted in all the
public Newspapers. This the Defendant, 'with
that honest indignation which became an English.
man, rejetted. It had often been said'in the Courts
of Westminster, both at the Bar and on the Bench,
that such an apology was unworthy a Gentle Man to
ask, or a man of honour to submit to. It was a sort
of degradation which no Briton ought to yield to,
let the rank of the l arty requiring it be what it
would, The Defendant was still aduated by those
sentiments which first induced him to make the
liberal proposition he had offered. He was willing
to return the horses and carriage, pay all expences,
and make.a reasonable compensation, bur against yin-
&dive damliges he protested. The Learned Coon.
sel stated, that in Aftions of Troyer, if the thing de-
tained could be restored in stain quo, it was all the
Plaintiff had a right to require, save moderate
damages for the temporary deprivation of it. It
was not the province of a Jury to give vindilive
damages, fol. the purposes of healing the imaginary
wounds inflitied on false pride and self-importance.
The Defendant had merely. caked a step which he
thought necessary to the assertion of a supposed
right. It turned out lie was mistaken, and he was
willing to make every reparation in his power.
It was much' to be regretted that the brother
of the brave Defender of Acre should have endea.

voured to make an Mikan of Law the medium of

eruihing and ruining an bourn and 'worthy trades_
man, who never, for a moment, telt the least per.
soual resentment towards him. He could call wit.

nesses to prove that the'Plaintiff's horses, at the
time they were driven to the straw.yard, were in
that condition which rendered it impossible for them
to do any work, but it was not his wish to go into
this evidence. The Defendant Was desirous of pay.
ing the damages actually sustained, to the uttermost
farthing. All he required of the Jury was, that
they should not give vindiaive damages.
Mr. COURTOPP contended, that the Plaintiff was
entitled to damages, not only for the injury, hut
for the insult.

Mr. COLLINRIDGS said, his duty would not
allow hinv. to put that point to the Jury. In an

Aaiun Trover,, a Plaintiff could only be en'tiiie4
to the restoration of the-thing detained, and the
aCtual loss sustained by the detention of it.
It was at -length agreed between the Counse4
without going to the Jury, that the horses, harness,
and carriage should be restored, and -that the De-
fendant should pv the sum of twenty guineas, as a
compensation for the inconvenience and expence to
which the Plaintiff had been put by the detention of
his property.
A considerable number of persons attended, to
hear the discussion of this inquisition.

The FIRSTCOI*',II,'S gook died-lately of a com-
plaint in the stomach. It was the CONSUL'S cos-
torn not to taste any dish not prepared by this man,
who had followed him to Italy and Egypt. His
death had been concealed some days from BONA.
PARTE ; and when it was resolved on to inform him
of the Melancholy event, be sunk into a deep re-
verie, from which he recovered with -an exclama-
tion, " that he had not been the victim of a com-
plaint of the stomach; that that was not possible,
and that his death was not a natural one ; he has
been poisoned ; the fad must be ascertained."---,-
Hi•s body was taken up and opened. The _surgeons
declared' that• the cook had died of the Complaint
now epidemic in Paris. The ConsuVappeared less
uneasy.

On the-24th ult. at half past one in the morning
the parish' church of Gettieres, in the South of
France,. was struck with lightning ; the steeple was
destroyed,ithe bells carried ofl•, one of the walls was
entirely levelled, and the clock shivered in pieces,
nor was the parsonage-house spared by the devaur-
ing element : a man Was killed in his bed, but what
is really astonishing, his little child, only in his
fifth year,• who was by his side, escaped unhurt.

Sill? NEWS.

FOOLED FED. l.

Arrived--the Union, Verbret, from jersey ;. Commerce,
Bell, front Guernsey ;. Squid, Steplienion, fromryall
Elizabeth, Townsend, trom Exeter; and itaive, Williams,
from Portsmouth.

Sailed—tbe, Sisters, Brice, for Sandwich ; Reliance.
Knight, for Milton; London racket, Swaim:, tor London;
and Affinity, Mordcy, for Sunderl.nid.

Gl:Avast:ND, rra. 17.
Sailed---the Rettkeiy, Soper, for Grenada; Braganza,
Cole, for Gibraltar ' • /Wive,. Ai'Dougall,for Phibdelphia ;
Griffin, Haywood, for Leghorn; Vrow Renterra, Smith,
for "Rotterdam; Ann, Atkins, and Sirne, for 14-
tuaica.