The Sun.
London, England, 1803-12-17 00:00:00


hearer. He submitted also that Mr. Bowler ought
to have seen that this ante was right, before it was
give; to Mr. Anitesley Shee. He could have no evi.
Hence bat the Clerk of the house. Mr. Annesley
Slice was most rrnbably what Mr. Gattßow—had
stated him to be, a swindler or something likelt,
and therefore, he would not call bim, but the Clerk
he would call.

LAW REPORT.

COURT OF KING'S BENCH, Dtc. t 6.

bIIj:NG4 A!•MpRS,.I.I)&U tLI.YNUO*OO4II, AT GU:LD.

}IALL, 1.-ONDON

*AtiVi.ER 4J. NI/slal:7, ESQ. AND °TUTUS.

Mr. Gattaow stared this- to bean action brought
by a young Gentleman under age, why sued by his
Guardian or,next friend, against those most respea.
able Defendants; MersStS. Martin, Stones and Foot,
bankers in LombariLstieet, to recover the sum of
2301. and the eireumstances were shortly these
The Plaintiff ,was a young Gentletinin who had an
educatioo, and was possessed of acquirements above.
his original degree in life, and he possessed a little
money n thus conditioned he aspired to an employ.
Anent inasotne of the Public Offices, instead of fol.
sowing meaner occupation, but having no connec-
tion to'introduce him into that line of life, he be-
took himself to that which was as common as it was
silly, anti which was a weakness fur which he hardly
knew there was any cure, he advertised in Ate. Pub-
lic Papers a certain sum to any person who could
priseure him a place in any of the Public Offices of a
given InCome. These advertisements were gene.
rally honest on the part of the Advertiser, not so
the answers that were generally given to them, for
Swindlers lived by answeling these advertisments,
and by pretending to possess influence to procure
these appointments, they got money in advance,
eeetending that nothing could be done witkout it ;
alai when they had obtained all they could, the per.
boo who had given it heatd nu more of them.—
This young man published one of these advertise-
ments, which was answered by a gentleman *of the
name of 'Aimed,...), Sher, who had been before the
Cciurt in a way that left no, favourable impression
of his charaaer, and as there was no mark set on
the forehead, (at least none visible to common ob-
servation) by which a plausible knave was, known
froM an honest man, this young, man trusted Mr.
Shee with his'confidence. • The parties tame toge_
ther in consequence of 'a letter which' imported,
That if Mr. Bowler would attend in such a place,
rind was prepared to lodge mat. at a Banker's, thii
business should be, dOne, concluding, "We are
your's, &c.—Reeves and S. The sooner
the better."-;--Upon the appointment for an inter.
view, Mr. Annesley Shee made his appearance, and
the agreement was entered into. Mr. Shee under..
rook to procure this young man a place in a Public
Office, •for a reasonable reward, and-this young man
although silly- in the first instance, was prudent in
the second, for although he nide a foolish. bar:.
he made' a prudent provision for the exc.
cution' of it. He 'stipulated,, and it was agreed
between him and Mr. Annesley Shee, that this
sum 'of tool. should be deposited at a bank
er's, in the 'joint names of Mr. Slice and Mc
wich, a Gentleman Who keptscash'il the house of
Messrs. Martin and Co. and who kindly undertook
the management of this part of the-business for Mr:
Bowler, and it was agreed that no part of this mo.
nay was to' be given to Mr. Shee Mail he should I
have procured for Mr. Bowler some place in a Pub.:. I,
lie.Qffice : the money was to be deposited at the '
Balikers', Messrs. M'artin and Co. IVIr Barwich
introduced Mr. Bowler to the Clerk., at the house,
stud said he was come to deposit in the house zool,,
which was notto be drawn cut but on the jointor.
der of him, Mr. Barwich, 'who ailed for Mr. Bow.
ler; and Mr.' Annelle), Slice. The Clerk knew the
bind writing of iyfr. Ilarwich, and therefore there
was no need of entering his 'name in 'the Banker's
book, in order that they might know_ his hand.
writing, but as Mr. Annesley Shee's hand-writing
was not known to them, he wrote' his name in the
book. Mr. Barwich then informed ,the Clerk that
this money was not to he paid out but by an order
jointly 'signed by him and Mr. Annesley Shee, A
slip a paper was handed to the Clerk fOr this
easrpose, who went through the usual forms of
taking it to one' of the Partners, who . signed'
the'proper 'book for that purpose. At first ir was
intended to have a hill from the,. house,; payable to
the order of both Mr. Barwich anti Mr. Shee, but
it was afterwards agreed that instead of ,a bill pay-
able to their joint order, it shoUld be payable to
bearer : accordingly it was made out thus :—" I
promise to pay to A. Barwich and 'Annesley
Sheer, or bearer, on demand, zool.- London,. Bth
July, 18oi, for Messrs. Martin, Stoneaand Foot."
There appeared .on the face of it that this note was
paid to Mr. Annesley Shee, do the t6th of March,
1803. Now the Whole. case was this.--The De.
fendants' 'clerk haring received these direetiOns, to
take care that the money should never be paid but
eepaa the joint order of Mr. Barwich and Mr. Slate,
whereas, he, happened to make it out, payable to
theM, or' to bearer, which was contrary to the
terms an Whielvilte money was paid in, a 'thing
that might
.happen in the hurry of business, and
which did happen in this case, and therefore the
DefendantS were hound to refund this money to.
Mr. Bowler, for it appeared, that Mr. Annesley
Shec had received this money on the Oilt of March,
tBo3. It' was superfluous to 'adda that Mr. Bow.
ler. never or his appointme,nt, nor. any thing but
promisetnuotil he was tired, of, them, from Mr. An.
nesleyShee. Thus was this yountGentleman im-
posed upon in the first instance, in consequence of
his own credulity; but his mOney, never could
have been paid out Of the Bankers' house if it had
not, been for The mistake of the clerk: who made
out th'e note, payable rot to burls these peraons, Mr.
Barwich and Mr. Shee, auto their, 'jointordera as
lie was ditated to do, but to them or bearer, which
enabled Me;Annealey Shee to receive the whale
money. This Mistake arose out of the hurry Of
business, but fae wbicti the Defendants were re.
eponsilde.
This case being proved as thus atateal,
Mr. 6i kris, on behalf of the Pefendants, obser4
ed, that, they had ;no other anxiety than that 'of
being I.4ottaed from the daoger of admitting•parol
evidence to' contradict any written document on
which they undettoOk to make any'payment. It
was impoSSible in the multiplicity of business, for
the Clerk to. know what passed when this money
was paid in, but the note given by the house was,
that this money should be paid to these parties or

The Clerk being examined; did not vary the
material part of the' case, as to the instrudion he
had received when the money was paid in, and the
condition on which it was to be paid out again.
Lord ELLENBOItbuGH observed, that the cha.
rafter of the Defendants' house was so entirely un.
sullied, arid stood so high that it was unnecessary to
:say this defence-was didatid by hrinourable motives;
but it. Was evident that the Clerk in this case hay.
ing 'first. received direlions 'to make out a bill
payable to Mr. Barwick and Mr. Shee, or to their
joint order, bad afterward_s made it out payable to
them or bearer, a mistake that Might naturally arise
in the hotly of holiness.
'Verdia fur the Plaintiff, damages' look

From the LONDON GAZETTE, Dec. 15, 1533.

War-Office, Dee. Is, 1803.
Ist Regiment of Buds Gentlemen and Ye'donang Ca;O,iiry".
Lieuienant Richard Gutt to be Captain. Cornet William
Walter Vane to be Lieutenant. l'hornas Grace, Gent. to
be Cornet. -John Williarns„,Gent. to be ditto..
The Earl of Che4We I:e4?ment of:Cheshire Gentlemen and. S'et,-
ntaltrell Cavalry,
Win. iohn Matehitt, Gent. to be Adjutant. Rev. Oswald
Leycestet, M. A. to be Chaplain.

Kent Cyl:47.

Cornet Thomas Weston to be Lieutenant, vice Brett, re-
signed. William Pitman, Gent, to be Cornet. •
Pottery Troop f,,f Stafordsbire Gentlemen and Yeomanry Cavalry.
Cornet Samuel Spode to be Lieutenant, vice Simpson,, pro.
muted. •
War' Riding, Yorkrhire, Soutliern Regiment of Gentlemen and
Yeomanry Cavalry.
Cornet. Edward Chorley tube Lieutenant, vice Cooke, re.
signed. Sir Thomas Pilkington, Bart. to be Lieutenant,
vice Gaskell, resiened. Kohn Littlewbodi Gent. to be
Cornet, vice Chorley. John Alderson, Gent. to be Cor-
, net.
.divedeiron Comply robenteers.

Charles . King, Gent. to be Lieutenant. jobn Ribbeck,
Gent, to be Ensign, '

A'shneld I/drowsy Infantry,
William Henry Cartwright, Esq. to be Captain. John
Freeman, Cent. to be Lieutenant,. Snin. Golcling,'Gerit.
to be Ensign.
North Aylesfird
john Brinebley, Esti. to be Captain, vice Cooke, resigned.
Baintokt Praconiiinterrs.

Cartain Muffins. on Half-pay 'ot'• the 3lst Regiment, to be
Lieutenant.
Beverley Yolunteer Infantry.
Ensign Robert Leedanc to be Lieutenant. Thinnai likock,
Gent. to bctEnsign.
Belvair Cattle PolunteeTt.
George Brurrintell, Esq. to be Major.

,fiwtters and claydon Volunteers.
Thorthu Singleton, Esq. to be Captain, vice Martin, re-
signed.
Nerd, Proiber Volunteers.
Ensign,William Mils to be Lieutenant, vice Rickwood, re-
signed.' John Mcdwin, Cent. to be Ensign, vice Elli 4,
yl Regimen{ of Huth Volunteer Inlymy,
George Alsely, Gent. to be Lieutenant.

Cade Id, ), POharmers.
Sir Robert Williams Vaughau, Bart. to be 11.1ajor-Comman•
dant. _ _

Caldecou Volunteer Niemen.
ames:.Charleslewis, Esq. to be Captain. John Buxton,
Gent. ;to be Lieutenant. farms Edwards, Gent. to 'Est.
sign. . .
Cardigan Alunterre.
john Grant,. Cent.-to be Ensign. '

Chtselhmrst. and Poatteray,74!writers. •
Captain William Lushington to be Captain-Commandant,'
Lieutenant George Stone to be Captain. Ensign Richard
Stone to be Lieutenant. Rik.liard Waring, Gent. to be
Cleobtny ,141,rti, cII I,a4errs
lames, Compsott, Esq. to bz C.ipt4in, vice Sir Walter
i3lount, deceased.

. .
• '. Coi stam.nhoderr Infantry.
Robert John Hulbert, gent. to be LigutO4nt.
To fx twsigns_Vil)iarn Edwards, Gent. Williatri Ward,
Cent. Charles Barrow, Gent. . .

Lola! Crqyfird liduntrers.
Ensiktt f ames W I ideheact to be Lieutenant.

Devize4 Voluntetr
WiTlianvSiirnpn, Esq. to hc Lieutenant-C:01°m). lames
Cent, Esq. to 'be Major. Henry
,Butcher, Esq to be
Captain, fohn Bodman Vince, Esq. to be ditto. Daniel'
Compton, Gent. to be Lieutenant. Robert Hughes, Gent.:
to be Adjutant.

~• Dauntln Associated Volunteers.
j spies Bailey, Esq. to be Captain. 'John Reeves, Gent. to
be Lieutenant. • john Daily, jun. 'Gent. to be ditto.
Henry 'Write, Gent, to be Ensign.
1041 Dales Volunteers,
Lieutenant George Horn to-be Captain, vice Chayton, re-
signed. Ensign Robert Lister to be :Lieutenant, vice
Horn. .

Forres Poluotter leslanhy,
Patrick.Strachan, Esq. to be Captain-Commandant. George
Kay, Esq. to be Captain.
To be Lieutenants—john Ginning, Gent. John Cockburn
Gent. Robert Swot', Gent. John Gun, Gent. •
To be Ensigns—JohnGrant, Gent. john Fraser, Cent.
- • Glasgow Supers:us:wary rirscriated Volunteers.
Cunningham Corbet, Esq. to be Lieutenant.;Colonel-Com-
. invaint. Gilbert Hamilton, Esq. to be Major.
To 134: Captalns—Robert Freer, Esq. George Buchanan,
Esq. Dulled Bannatyne, Esq, William Anderson, Esq.
Adam Crooks, Esq. lames Buchanan, Esq.
To be Lieutenants—Alexander M'Kerlie, Cent. William
meikieharn, Gent. William Glen, Gent. John Brown,
jun. Gent. Septimus Ellis, Gent. John Dempster, Gent.
Robert Davidson, Gent.
To be Ensigns—john Bannatme, Gent. David Lawrie,Cent.
ohn Vale, Gent. Gilbert Lang, Cent. John Corlyetr,
cent. .

Great Grimlby Polimiter:, •
George Babb,
.Esq. to be Major.Commandarit.
To be Captains—John I.usby, Esq. Robert Lister, jun.
Esq. Hewson Bensor, Esq. •
To be Lieutenants—Richard Marviea, Ucnt. William Ser.
jcanr, Gent. Giorge Harrison Gent.
To be 'Ensigns--Michael hlarsliall, Gent. Theophilue
Woolnwr,'Gent; George Parker, Gent;

Ilavant Po/wife,' tnfantry.
lames White, Geot. to be Quarter.inaster.

Isfuniry.

Joseph Nf'incent, (rent. to be Ensign:

East Kitt Volunteers.
Ensign Tbotnas Kennett to be Lieutenant. Edward Scuch_
mure, jun. Gent..t? be Ensign,. vice Kennett.
Vag's S4mborne 14/ant:err.'
Ensign Wyatt to-. bo Lieutenant, vice Milloway, re.
sigtod. .
Kirletttaright Polutttart.

William Stewart, Cei t. to tie Adjutant.
Lreds nisMiter bfantr.l(

Darcey Lever, Gent. to be Attjutani.

Ling field and Crowburst leoluntrers.
Robert Bostock, tsq. to be Captain, vice Faringdon, resigned.

,
Mho, iir Planty. . •
Chules Nfirshall Clarke, Esq. to be tientenapt-Colonel.
• Commandant. lam Booth, Esq. to bs.hfejor..
To be Captains—William Wilson. Esq. Gabriel Neue, Esq.
Stephen Gray, Esq.. Thomas ftlisdall, Esq.

To
be Iticliird Bellwood, Gcnt. William Al-
lison, Gent. Thunnts Espin; Gent. .Edward !ism,
Gent.
To be Ensigns —William Hyde, Gent. William Hardy,
Gent. Joseph Franklyn, Gent. )arras Heitry ClarCe,
Gent. , •
tobe Chaplain--Rev. Walling Tolland.
To be Quarter-master—John Jackson, Gent.
Longpeft rolunifer forfantly.
John Davenport, Esq. to be Nlajor-Coinmandant.
Alalmibuty Pcilmniqr Infantry.
Lord Andover to be Major. Samuel Houghton, Gent. to be
Lieutenant, vice Coleman. Eleanor Newman, Gent. to
be Ensign, vice Smith. Abraham Smith, Cent. to be
Ensign vice Maskelyu.

Ale/kik 11.c/unity's.

William Duguid, Gent. to be Second Lieutenant, vice Per.
tie, resigned.
1111 - End Parenteers.
Major John Liptrap to be Lieutenant-Colonel. Captain
William Thompson to he Major.

byal Morse 14!lowers. . .
Lieutenant Clarke to be Captain. Thomas Devey, Esq. to
be Captain,. vice Gitton, resigned. - • .
To be Lieutenants—Matthias Purton, Gent. Ensign Haixl.
• ing. !Ensign Moore. •
To be Ensigns-I°lin Bache,Gent. john 'ones Morvil,Gent.

, .lair'nshire I.olzipteeq.
Captain LCwi- Grant to be Adjutant.

• , New 11,re.rt Ravers. •
S'econ4 Lieutenant WillianiTowscy to: be First Lieutenant,
'vice L. A. 'roomer. IV. W. Tuomer, pent. to be Second
Lieutenant. ‘- ,

Lofal North Britem,,
fan Forbes, Esq. to he Captain. lames Cordon, Esq. to
be ditto. Thomas Bruton, Gent. to be First Lieutenant,
vice Anderson, resigned. Andrew Lawrie, Gent, to be
Quarter-master. James Hamilton, M. U. to be Consult.
ittg Plusician. .
• Penl.!pi Foluntreri.
Gabriel Davies, Esq, to be Captain. lohn lanes, cent. to
be Licutenint. Chidlati, Gem. to be Ensign.

Port.tea/wows.
Ensign Matthew Napper to be Lieutenant, vice Plowman.
William PlOwmati, Gent. to be Ensign,- vice Napper.

Refiritth Pc/water • Pilemen.
Williany, Davy, Esq. to he Captain. Henry Noal, Gent. to
he First Lieutenant. -Thomas Galby, Gent. to be-Secend
Lieutenant. •

st, nr Eastern Ross Rattalimc of PoMl:eery.
Ensign Hugh Sutherland to be Licutentant,,viee Mackenzie,
resigned. Alei. Sutherland, Gent.. to bc.Ensgn, vice H.
Sutherland. . . . . .
2d, or Western Ross Batiallon of Voiststfeers.
Major Duncan Munro be Lieutenant. Colonel. Captain
- Cohn M'Kenzie to be Major.
.3d, or Black hle of Voluntters.
john 10‘11/4enzie, Cent. to be Lieutenant. Alex. M'Kenzie,
Gent. to be Ensign.
. ..• Sandoss lvoistaters. •

J. N. Fowler,, Esq. to be Captain. Wright, Gent. to be
Lieutenant. E. Fox, Gear. to be ditto. 'Benjamin Tom-
linson, Gent. to be Ensign.
St, George's, Midsiletex, Volunteer:.
Rev. Robert rarringdon, D. D. to be Chaplain. lames
Horstiord, Gent. to be Surgeon.
St.`7anteet,'lfirtntinster, Loyal Volunteer:.
Robert 13town, Gent. to be Ensign, vice Harpur, promot-
ed. Joseph Tuogod, Gent. to be Quarter-master,
St. Perris and longsidt Poltentee,s.
Alexander Harvey, Esq. to be Major-Commandant.

•
Thomas Burgess; GLednhtg{tSocbraei.i2lit''sluittertirrs.
-master.
Sitoreditth Pthenterrt.
Rev. Henry Rlimley, A. M.. to be Chaplain. Henry W.l d,
Gent. to be Surgeon, , john Parkinson, Gent, to b;:: A ,
atit-Surgeon.
•• • ,Shaseditcb nboarert.'
Rev. Henry Plimley, A. M. to be Chaplain. Henry Ward,
Cent..to be Surgeon, [oho Parkinson, Gent., to b Assist-
ant-Surgeon.
Iva' SoVrhivar.4 Po/worth.
.Captain. lotus Alcock to be Lieutenant.Coionet, vice Rolls..
resigned. First 'Lieutenant Thomas Monlilen to be Cap-
tain, vice Alcock. Second Lieutenant Robert Hainan to
be First Lietitenant, vice Moulder). Marniaduke Shaw,
Gent. to be Second Lieutenant.
' - 'Sfrciramtb Polsotteerinfaat7.
Alexander Cameron. Esq. to be Captain, vice Geddes, re-
signed.
Stoic, Penkhyll, and Penton Polunierr Inj'ap,hy.
Major'D. Whalley, inn." to he Lieutenant- Colonel Corn-
Captain Hugh Booth to be Major.
Siuc.kpori Vase:aim.
:William Radcliffe, Esq. to Captain-Commandant. lames
'Heald; Esq.' to be Captain.
To be Lieutenants—losish Haughton. Cent. • john HOltTle
Gent. 110W4rd, Gent. Samuel • Dodge, Gent.-
To be 4nsigns —I esse.Horrard, Cent. George Garside,Gcnt.
• .Tepron Volunteer ,Infaxtly.
Thomas Adams, Esq. -to be Captain. Peter" Pearson,Gent.
to be Lietiteuant. Thomas Smith Womester, Cent, to be
.Erisign. • - -

Tockivon Volunteers.

Captain William Norris Tongc to be Major, vice. Poole, re..
.I.ieutenant tVilllant Robcrtson.to be Captain, Vice:
T‘mge. Lieutenant Thomas' to be Captain, vice'
S.dmon, resigned. Ensign losepb Tinton to be Lieutenant,'
vile Robinson.' Ensign George,,Hignell to be Lieutenants
vice Russell. Edward }felines, tient. to be Ensign, vice
Turton. Icahn Whitmwt, Gent. to be Ensign, vice
nell.

Trinity Hoge kiyal Faunieer Artillery.
William Beataon, C;ent, to be First Lieutenant.
To be Second Lit:Aire:boots—pines Thermos, Gent. vice Ap.
plegarth; resigned. William Ogle Carr, Gent. Thorilas
Willson, Gent.vice Ivlarshall, resigned. George Stevens,
Gent. vice Dodds. Campbell Majoribanks, Gent; Mat.
thew Isacke, Gent. tome, Court, Gent.
To be Surgeon—,George Benson, Gent.
To heAssistant.Surgeon—lohn Mylne; Gent.

IPlitiorsiNtre Pclunteers.
Ensign William Friend to be Lieutenant, vice Patrrutn, re.
signed. Isaac Sladden, Gent. to be Ensign, vice Friend.
Loyal IPhitechapel Vdsinteerr.
William Wileox,lient. to be Ensign, vile Dames. Thomas
Mears, Gent. to be Ensign, vice Henderson.
1.0)41 Whitrhure.6 Folumiters,,
Ensign Thomas Netherclift to be Lieutenant, vice Vincent,
resigned., WM. Stare, Gent. to be Ensign, vice Nether.

111Jorwell Ychinteers.

Frcdcrick Iremonger to be Ensign, vice Rogers.

Mu Wilts Volu►rteer Battalion,
Dowell, Cent. to be Adjutant.

4ingt4n 1414arivers.
Henry Cur wen, Esq. to he Major. Adjutant William Daw-
son to be Captain, by Brevet.

?ork
,Polunterr Imfantrje.
Ensign George Ellis tO be Lieutenant, vice Benson, resign.
ed. . John Todd, jun. Gent. to be Lieutenant, vice Ellis,
resigned. John Harrison, Cent. to be Ensign, vice Ellis.
Thomas Catley, Gent. to be Ensign vice Todd. key.
William Flower to be Chaplain. John Crossland, Cent.
to be Adetant, with the Rank of LigUletlallt. Thomas
White, Gent. to be Quarter-master.

Castle Howard 141uNtrers.
Hon. William Howard to he CaptAin, vice Lord Morpeth,
promoted. Edmund Goforth, Gent. to be Second Lieu:-
tenant, vice Hon. William 1-loward.

C'otwick Volunteer Infipitty.
john Atusters, jun,' Esq, ty be Alajor-Commanctint.

Lleulenant-Cdomel 7;bn Philips's Mancherter and Salford Pau,.
trers,

.„...
Samuel King, Gent. to be Ensign, vice Whitehead, resigned.
p.ittisoit liolgate, Gent. to be Ensign, vice Powell, re.
signed. 'John lenkinsou, Gent. to b Assistant-Surgeon..
x.rr I.l;vialitdr of Mt 4th Class of ilfamthratr rtlford rciam.
tar A Antry.
George Philips, Esq. to be cieutenAnt-Colonel Command-
ant. juhn Baldwen, Esq.- to be Lieutenant-Colvitel.
Matthew Chitty Marshall, Esq. to be Major.
To be Captains—Richard T. Bury, Esq. Peter Evart, Esq.
William kaylanee, E.sq: . James ,Brierley, Sdatuel
Stocks, Esq. Tabu Harilsem, Esq. Chides GoiC.iney Kees,
Esq:. Thumas.Townley, Esq.

. M , (Of SOWth 1:111
LONDON: 'Printed by.IIOCHANAN 14,11411.1. AN, (al Ilow.Street, cnierst,c:.!rdenj,-.. and Published by Wit
LIA AR MI Ctit SCRU'IS
At the Sta-N.OF/ e• No. 1121 Strand; where •ieldwertiumfrosfurder4•for the ilapir,. 'Letter.. tar the-Editor, &e.. rpcintaid),Nlo
rnu