The Sun.
London, England, 1810-08-27 00:00:00

.HUIVE CIRCUIT

SUSSEX AS.AZES.

LEWES, 'FRIDAY, AUGUST 24.

Lord ELLENBOROUGH, and the LORD CHIEF BA-
,How, arrive.,t iy, . this toi,vn ear'y this morning, and
af,er going cnureh openc,d the respective Courts.
. _Clvli: SIDE.

BEFORE THE LORD 'CHIEF BARON.

THE KING V. THGMAS HENRY WARREN, ESQ.

This was an indlainent against the, defendant,
M. Haben, a Magistrate of this County, fora
tub-
deis in. aousing his powers as a Magistrate,
and uvering -expressions 'tending to excite .a Mt.
ft. Hitchei:n al 'd Colonel Hawker, of tb.e t‘th,regi-
atent of Dr goons, to tight a duel.
.• M. Setjea:.t BEST, tor the prosecution,
.opened
. the circunstances of the case. He stated, ..that
the prosecutor, Mr. Hitchers, was a respectable
lai wet, of ► rge. property, in the neighbourhood.
of. ,Ahris on, in this County; Mr. Harben was
also -111 tgtstrate in The sante vicinity. The
, 14th "regiment of Light Dragoons; commanded
by, CLotonet . Hawker, in the year 1808, was
:tinart.creu. at lit'..teningley, and they' kept a sub-
setipt ton ock of hoo ; their. condu6l was such as
to.disgust all the neighbouring farmers, • and they
-'rveetteu 'winnings not to sport on their grotinds--7a
dispute was, the consoveloce between them, and
'Mr. 1-I..rben, fin-getting his duty as a-Magistrate, un-,
fortunately thought irwer to prostitute that charac-
tt.r to serve his private purposes he-had formed an
:intimacy. w.its Lot Ha ker, and took part with the
i..3tfic4rs against the farmers. On t!,e 7th of Januiry,
008,•sucituionses were tssued by Mr. Harben and
V.:l:i,4ean, another. Maghtrale, against
veyors of the.highwayS on the complaint of Colonel
• Hawker, that the roads were not in suffiCiently gooJ

repair; but it was a singular tACt that no person way
sunthipned .who. had nut warned the Officer's off their
lands. At this meeting,phich was held at Alfriston,
altelittion ensued between the farmers and
otticers, Mr. ,tittchens., -the prosccntot,'ObServed,
Inai he beinFved they never would have been sum-
moned if they had tkot:wathed off the Officers trout
their lands, as; here were many roads round • them
in .much wore state tit:.repair than those who e
tirvey,.rs'vk Cie summoned. Alter some observations
' and -ait-ercaii;in'on both sties. Mr. Harbett said tuMr.
Hitchers, 6' It t}wish-ttir katistactiun from, C, lonrl
witi'}lurn ti, a private room fur rive
minutes, and h. wirll ire yen the satisfaction of a
soldier aid a genikemarri" thus exciting that -blood-
sued, which?, as a -.Magistrate, it was most ern-
:: piratically his duty to_repress. He put it to the.
Jury,, whether ii,ere could 'be any dialbt of the im-
port of these exprvssions, but. if they could doubt
of what was meant, Mr. Harken himself would ex-
plain P 1.014: alter dinner, as tie should prove, Mr.
Harben ..,d(bessod 'Col,,oel Hawker, 'saying,
put our ;I:e indoll,;er, Colonel, for a short time,
but I fbonglit the fellow too great a coward to fight
you."` e d, ,be should prove by 14 wit-
ano he had them. all h• le., because • he did
nut doubt nut•Mr.EiarUen tA,ould again attempt the
Satire thing witch he had already- dote. when_ a
was made
,against him in the Court of King's
nney, he-denied the whole Li; ou his oath.
and gut
,ut hers to join with him in. the .affidavit ; but
.130 W the w imesses• .would. be brought ace Lee,
and tilt- J. ry k.vottld judge ut the credo due tJ thew
on either bi e., -
The prose: lior then called 14 witnesses, the two
• first of flitch were Mr. I-lat.:neva and Mr. John
King, boilt eminent tariner!., who at,ended; the
• •
meeting at •Allriston, being summoned as Surveyors
of the..kligh%%iryi, on .the complaint of Colonel
—l-laAker. An aiteication ellAtl, which listed about
• twit hours,. when Mi. Ha ben--at last aduressed-Mr.
H..tchen*, and said, If you. wish for 'salisfaCtiou
- from Colonel Ha, ker,- retire with him into another
room, and he will.give yo:, the saiisf-ie.tiOn of a gen-
' tleinan and a soldier." •Upon. this, Lieutenant, Shot-
ten, an Officer of the- 14th Dragoons, jumped up
and !,aid-, `! Yes,- he knew the Colonel wished for
no Metier sport, and it WaS,W:;3I hew ished
hint eft,
accompanying these words with an action of the
hank!, representing. Ate, leveliing of a pistol. Mr. •
• Hi.ichen -replied, he should have nothing to do with
?mot.; -lie had a -wile:and a but-he Would
.nieet. the C6lonel with a horse-whip or a
• Lientedd,-t Campbell, another Officer
• fre4,40,-.said he'met fin-,11,-ns" on the hid the other
- day, When he lookei so much like a highwayman
he should. havr snot him ifite had had hiS pistols.,
Ou cross-eNatninition.of • these Want:sir*, it ap-
peared,, tilit.the!-e had been a great deal of mutual
abuse between. the officers Itnd theflarniers, and that
sonieof the lat•er served the toriner in the room with
not:ces not to apori.on their lands.
Twelve other witnesses wete called to prove the
words as. spoken by Mr. Harbert, but they. did nut
proye,tben; exactly. the-store; :they slated, that Mr.
.klarnen ad- told -liitchens that Colonel Hawker
Would give hint s:-ittsfaCtion of a Gentle:hat),

omitting the wdrd soldier. - •
. Two ut tl r w ititese, a. Mc Putland and a Mr.
Budion, stated, that they 'remained afterwards to
• dine. with, the MagiStrat.-s, and that Harben, in
coming into. the roo.n, addresSed Colonel Hawker as -
follows :7 . Welt, Co:unet, I puryour the idsome,
d Inger, lot susne;time-; but I. knew, the itilOW
co w.q,(l, and would - not fight, .yuu.!'
Mr LA.WLS, for the defendant-, addressed the..lnry
in a very.4bl, sp eelt; and argued, it. was absurd to
iupiose that •Mr. Ilarben..rneant to recommend to
the th. y Should retire; and, fight a duel
that all Jie ineaut was that, they shoutil rititdiatulbtite
J..stiCe with- their game sqNbbles,' bin-that
retqe inn another •room tint
ier best.tietis tin Th.,t't .qiczetint wlas
c:itivetiesi to Clinstd,lation the state ut
and I e was. dr4ir,,uy
pithe .ikksch lint be Usstus bed by. their
aftircai. on. . 41 hat on 'the ro.nt.:kiry of wis'.ing to
s. to" fight, he r.siner to act
as in,hiatos:„ and the words in ..z:•ltiC)1•
- ,d je,cotunle:sded so retire: fur' that purp6se,
i!ad been twist,tl . and Inisi-s-presenfed into an in .

S.

citement to-fight a duel. Mr. Laves. then called
ten witnesses, who were also present at- the
action ; many of whom deposed that. they ..did
not hear -Mr. Harbin use the voids iinpa:ved•
to him. Sit Thomas Carr and Mr. Bean, the
other Magistrates present, ,were among. thrso wit-
"nesses, and they stated that the summons was u‘nal
'at that time of the veal, to consider the state-of the
roads. Col. Hawker- got up 'to complain ot, the
roads, and said to Malitchens," I fit com-
plain of you. Sir-. The roadi 'about your house are
in a most corrupt state." Mr. Hitchens interrupted
him and said, the roads were a mere pretest-, that
they never would have been summoned Al all, if they
had not given the otficers-wat nine. This began an
altercation about sporting, in which the'lartnees were
very abusive to the officers. Hitchens or King said,
that there was not a Gentleman in. Ur- regiMeni ; they
had risen from the ranks, and had the halbertS mark-
ed in their faces. This was addressed to. Lieutenant
Campbell, who had formerly been riding-master to
the regiment. Hitchens was ordered by the magi-
str,,es to go out. of Court., He retired below the
bar, and said there he could say what he pleased,
and Harben could not prevent Thiimas
Carr. ;wished ;to quell the !tumult by calling in the
Constables; tat Mr.• Harben. advised -him rut to
be too hasty, and then said; as the witness s for the
defendant represented it, I know Col. Hawker to.
be so much of a Gentleman, that if you will retire
with him he. will give you any explanation_ that 'a
Gentleman can, and that they considered he nieitnt
that the 'parties should not go on altercating in the
Justice Room, btu retire and eudeaVour' to ',adjust
• their differences elsewhere.
The Lord CiatE:FBARoN summed up the-case with
great minuteness. He obserted, the charge imput-
ed to Mr Hat ben was this, that he, sittilig.is a
Magistrate, advised t parties to gO out and murder
each other by fighting a duel. If true, it was as
great a breach of duty as. if himself •should dcsire
any two gentlemen to retire into the Grand Jury
Room, and settle a difference by fighting a.
This, he believed, had never happened to any Judg,;.
in thiccountry, though something:Like it onee'hap-,
pened in. Ireland, and he had the fact from the
Learned Judge before vc horn to' place. In a
canse,before him,. he observed, that t he -milks were
near retoti ns, and it was a pity they c,uid not set
Me their ddersnces out of GAM. Upon Which one..
of the parties vamped up and txelaimed, " 111 y Lot
I hare proposed the sanie thing to adversry;
the
.fellow has not spirit enough to tight rue." His
Lordship having then detailed all the' ,yidence Most
exactly, told the Jury, they wowd consider Whe-
ther Mr. Harbeu seriously meant to rctonitnend a'
duel to the parties, or whether- it was, a 4 Stated
;by the defendant's witnesses;;a rectstrunendationlo
retire, and endeavour at amicable compromise: He
stated, it was clear Hitchens and King were the lead-
ers of one party ; that they had improperly inter-
rupted Colonel iwker in. hi. 'complaint' of the
state of the roads ; that they had begun by telling
the Magistrates- they were summoned
.nionn a' mere
pretext, and be observed, that
.the prosecutor had
called 14 witnesses, and only two spoke to' the
worts, " .satisfattion of' a Gentleman and a Sol-
dier," and if the latter words were lefi our, it war
not so cl,ar that a duel was implied ; hut if they
b-lieved the latter words were used, that did inaply
fighting, and not compromise.
The Jury deliberated a considerable time, and at
length 'found the defendant Guilty. • •

SPORTING INTELLIGENCE.

YORK RACES:

THURSDAY, AUG. 23

The Produce. Stakes of too guineas, Left Two Miles, ta.
Subscribers.
Ld Milton's b. c. by Don Quixotte, out of Fanny., (a I .
lowed 31b.) t
.Major V heat ley's b. c. Sir Marionell , - .2
Mr. Pearce"s Floretta - . - 3'
' 6to 400 Marionell ; high odds against the winner.
Fifty Pounds given'by the City of York, added to the Creat
Subscription. •
Duke of Leeds': ch. h. Mowbray, 5 yrs
Mr. Shatton's bi h.. Whitworth, 4 )rs Old - a.
Sir M. M. Sykes :b. h. Whitiocke, 5 yrs old - . 3
Ld. Darlington's h. h. Music'an, 6 yrs old - . 4
Musician the favourite ; hi4it odds against the winner.

A. Writ of Inquiry was executed on Thursday
last at the Castle of Exeter, before the Coroner and
a' Special Jury, in an action brought by Si? Manas-
seh Lopez, Bart-. against 'Mr. Isbell, the contractor
for budding the • prison on. D.Srtmoor, fur taking
stone for that purpose from Walkhampton Com-
Wiihout the leave• of Sit' M. L'opez,,the pro-
prietor ; and the damages were assessed at 5001.
Dunng the hearing ,of the cause, Cove v. New-
ton, at 'Chelmsford Assizes, last week, a number
of deeds were produced. The Loan' CutEF BA ttoN
stopped the. Counsel, and observed, that
.the pro-
duttion of old writings retninded -him of a curious
circumstance that occurred a few days since ; hen,
on examining some ancient deeds, 1 .pe accidentally
,discovered,-
,that the Black Boy Inn-, in7Chelinsfc;rd,
bore.the same sign in the reign of Bayard the Se-
, colic"; a.periodot near 500 years. •
A cause for a breach of promise ofinarrisge, Was
,heard in Limerick, at the late ASsizes, in which Miss
'Christian Sarjeant, second daughter of Francis Sar7
jeant, Esq. of Crnsbie-row, • wasplaintlitf, and Mr.
James Spring, defendant. The trial oc e. cup.ed- th
Court fryrn ten till -twelve o'clock, a
' nutui r of
witnesses being examined; and much legal ability
On both sides displayed; -the-Jury,, after some mi-
nutes consideration, returned a .verdict fur 5001,
damages. •
On Tuesday Jones and. Francis were- 'executed at
Salisbury, pursuant to t4ieir sentence, for breaking-
ifito-the shop of Mr. Bennet, silversmith,. of that
city, and steaing watches and jewellery to the value
ut:r,sool. ..Fiancis, who was by no means -noto-
r ous Offender, concluded himself with great pro-
pel). at the lath' .tree : but Jones, -who cOnfessed.
to.have been a thi,:f from his col-hest'
- mounted the platform, in a bold undaunted manlier,
then took off his.hat,ana after giving-it two or three
twiebi about his head, threw it among; the spectators.
He appe:ired to have suffe'red grtly.alter being
V turned off: •

Fi SINCERITY,

Weharc Aeeilkx4it 00t• duty to caution British get.
cliantsoagaitistthensnating Dec ;1 f rees licrotiAr."4lg6l
ho Weyer speCious they may a spear, and upon the Sal".
pi iticiple we are induced to extract the tuliowillg Pas,)
sage from the last wurk of, Mr. GoLD,tarrii, wh f
had full opportunity of at.Tiiring a knoa ledt;e
the mercantile system of the French Governaleol'
and who has furnished ample documenti tc, pruVe tile
authenticity airs statements.

e
A French merchant who had been settled at th d
Havanna!), came to France with his ship; she "sj
ben visited by the 'English, of course, as snpose
tube American property. On lier ainval at .130 t
1;
&aux, ship and cargo i'ere condemned ; and
merchant, for having in a memorial made.a "spink:d
remonstrance in strong language, in which he sal
that the English were more inercif ul to him than
his own people, was sent to the Temple for s'l‘
months ! !

The house of B- and. Co. at Paris, in cow
sequOce of a D.cree permitting .cotton to be
traduced into France from Macedonia; imported 3
considerable quantity of that articles In the inte-
riorc of Greece there are no French Consu!s ; an
consequently there could be no certificat d'originei
but experts (persooS skilled "fin the nitide) on the
'frontiers, of. Hungary, and the Austrian atitho•

lities there, furnrslied certificates that the carton
calm: from Greece. The cotton was seized at
Strasburgh, aid ultimately condemned at liaris 1.!
Several other housel in France suffeted most
materially from the iniquity of this, caiolit.g
cree.,

•
These axrees ought to made as publicly kno%
as possible, bet:Jose the commercial world are mark.

, ed as the witit»3 of them.
When at Bayonne,. 'in May, i 808, this subtle
tyger,was plotting.the metnis of drawing within 06
reach of his grasp the, unfortunate , and misguided
Royal 'Family of Spaizi : he issued a Decree,.
peroittii4 cOlobial pr6duce to be sold for ironic
consumption, whiCh should be taken by privotcets,
or other ships of :war.. Till-then
...the property couldbe sold,only for exportation, by fedsnit of which
prize-goods sold for a mere. trifle. To, enhance
therefote, lie pretended 'l6—p4rnit theca
to he sold for home icurSumption ; but mark tll,O
:cdrisityoetice.
•1-111.iis- Decree induced a number of merchants
frotn.,Hollamd, ana elsewhere, to order colonial
produce from. England :. but at the same time they
-Intended to send out a privateer to take them, it
be hiked tit'al the ...Erma' Government winked
at this,

, Buonapatte caused private circular letters to be
sent by his Minister of Marine, :and by Mr. Coin,,
oiie-ot Contilleurs d'Etai, and his. Diredeur •
General de Douues, •to the 'different authi,rities
in the sea-pats of France and Holland, ordering,
them to,conliseate ail proven)/ brought •in by
tiretielyliriveers, unless it shoal) be proven tkat
the sh,ps, in question made a proper iesis:ance, and
•
were captured en -bonne fume! ! !
What resistance can a inerChant ship mike against
an armed
.;ore, titled out on purpose. to .agiaGlC
her, while, by this insidious Dccret, still was lulled
into security
Luckily for the merchants, it was soon whiyere`i
that such eirco:ayhad been sent, and th'cy coaoter-
mantled their orders.
Eery six weeks. or tqo months, when he wanted
to extort money from his brother Louis, or by his
means, he I..erinitted,the entry into Fiedler of colo-
nial produ,e ; but frequently, when the goods
.were at Antwerp, a counter Dectee appealed,
by which they were to be contiscanai. Tins kip'
pened to a number of merchants at Ant sew tiff
Oztober,- t 808.. '• • •

In Ary last, several cargoes of colonial. produce
were a.dverttsed for sale at t'►ushing : in consequence
of the Decree which had permitted such articles to,
be sold for home consum,,tion, they fetched a cum-
paratively high price.
After the sale, the purchasers wrote to Mr. Colin.
at,Pu►is, for the necessary permit: but to their
astonishment, .they- were informed by that gentle-
ntan, that his Imperial Majesty had changed big
.inind since the passing of the Decree, and that n•
permission could or would be granted.
The pwchasers, in this resolved on thy'
dangerous experiment -of smuggling their goods
along the coast of -Trance. They sent them along
shore to Gravelines. -_ They were there seized with
their .property. The "cargoes were condemned,
and the persons sent to Boulogne, where they
were to be treaied as spies. They were respeeable
inhabitants of Dunkirk ; and Mr. Coffin, the
American ConSUI at that Port, being intimate with
Mr/Devilliers, Commissary General at Boulogne,
contrived' by his generous ,exertiOns to siive tt►eir
lives. .

SHIP NE.IIIS.

GA AV ASRNO, AUGUST 24

Arrived—the. Broswick,' Richmond, frurn Quebec ;. Bo-
nem, Long, from St. Nlartin's ; and the Marsland, Hat.
monde!, from Co. k..

R IL D.

On Saturday se'nnight, ;:t • St. Peter's Church, In Shef-
field, the Hun. V 410111114; .Wil ham Gardner, ,Captani in the.
Royal Natiy to hiss Alicia Ann- Radford, .fauAtner
Rev. Thomas Radlufd,,Mintsterut St james's Churun, itz
hetlield,' and Recto, ufilardwead,..l.lu‘ks.

• `Uab.
On the 2ist inst. at Bath, Mrs. Carruthers, rclia of the
late C.:elm-el C.(urathers, or the Ka-I.meg.

On I' rid !y night; at tics apartments in Somerset-place.
Charles L‘t mails liereslord, i.sq Secretary to the Ficu. the
Conitnissio..ers of His Nlojesty's Stamp Duties.

t'ilC't..

(Link StOck, 263 k
Nay?. 5 per Colt 99
Irish 5 per Lela,

.)10C'AS

4 per 'cut. Si 3Si
t per ent. iced. 69 k 68f
3 per Cent.. Cons. eio 6
Bank L. Ann.

India Stock, . .
India Ipands, 2os. 21S. pt.
Ivxche.q." K.
0 matint,'2 6 uis.
(awe LA 3 per ectit.
Cons. lur.,29th Aug. 6861