The Sun.
London, England, 1810-11-21 00:00:00

NAVAL NEWS.

PLl'mouTti, Nov. t9.—The Agnes that arrived
here on Saturday, last front Lisbon, spokj a few
days since in the Channel his Majesty's ship Dot-
terell of 18 guns, Capt. ABDY, which ship sent four
French prisoners on board the Agnes,' all of whom
are in an unhealthy state.

Sailed his Majesty's ship Argo, of 44 guns, Capt.
WARREN, for Portsmouth ; and his Majesty's ship
Pheasant, of is guns, Capt. PALMER, for Lisbon,
with dispatches.

The following ships are at this port exclusive of
guard-ships, prison-ships, &c. v iz.
Valiant, Courageux, Narcissus, Standard, Scylla, Sceptre,
Pompee, Goldfinch, Neptune, Cadmus, Abercrombie, Seine
Rhin, Morristown, Shannon, Aigle, Medusa, Amelia. Espie:
gle, Mutine, Aiphea, Rover, Argo, Curacoa, Dryad, and
Harpy, . the Librie Portuguese man of war brig, Weazel
schooner, and Gambier cutter.

PORTSMOUTH, Nov. 20.—Came in this day his
Majesty's ships Rattler and Tweed, the former from
a cruize, and the latter from ;he Eastward.

Sailed his Majesty's ships Revenge and Donegal,
for a cruise of Cherbourgh.
Came into harbour this day, his Majesty's ship
Mercury and Ant schooner from Spithead, to un-
dergo repair. •
His Majesty's ship Naiad, with the West India
'convoy, it is expect d will sail to-morrow if the
wind continues from the Eastward.

YARMOUTH, Nov. 20.—Arrived the Starling

gun-brig.
Sailed his Majesty's ship Leveret.
Remain in the Roads the Roebuck, Daphne, Tar-
tarus, Primrose, Pandora, Vixen, Bruiser, Kite, and
Hearty.

DEAL, Nov. 20.—Sailed his Majesty's ship Ber-
wick with a convoy of outward-bound to the West :
and the Bermuda sloop of war vvl.ll a convoy for
Portsmouth.

TORBAY, NOV. 18 —Arrived his Majesty's ship
Allicore trout a cruize.

The Leander, Captain NIAIR, from London to
Honduras, was captured by boarding, by the Spe-
culator privateer, and it is supposed carried intc
Tangiers. Captain MArn, and one seamen, were
killed, and G seamen wounded.

The Kitty, WILLIAMS; and the William, EvAxs,
from Waterford to London ; Industry, GOULDING,
from Wexford ; and the Sally, HOUSE, tram Dart-
mouth to Sunderland, were taken off Dover, and
carried into Calais on the Bth inst. by two priva-
teers.

L4ll REPORT.

COURT OF KING'S BENCH, Nov. 20.

LIVERPOOL H. P. RIOTERS.

The several defendants, Abraham Lemon, Tho-
mas Turner, Barton Wilson, Thomas Robinson
Mullineux, Ciiarles Rawlinson, and Matthew Can-
ter, who had been found guilty of doling at the
theatre at Liverpool, were again brought up to
hear judgment. John Webster, one of the dc-
tendants, could not attend, through illness.
Several affidavits were read on behalf of the se-
veral'defendants, in extenuation of judgment, from
which it appeared that the defendants were all young
men of respectable connections and characters.
The ATTORNEY-GENERAL put in two affidavits on
the part of the prosecution. He put them in, he
said, because the defendants, pat ncularly Lemon,
had spoken of their subsequent contrition, to show
_what were their sentiments when they were served
with the rules to shew cause why a criminal in-
formation shortie. not be filed against them for a
riot and conspiracy. The Attorney (Mr. Statham),
deposed, that Mr. Rawlinson said, that the Ma-
nagers only wished to suppress the public opinion,
but in that they would be disappointed ; for he did
not believe that the H. 'P.'s would be in want of
money to proteet them from the tyrannical proceed-
ings of the Managers. The other affidavit was re-
specting Lemon. That Gentleman had printed a
long "Address to the Public," defending his conduct,
and signed with his own- name ; copies of which
bill, he caused to be distributed about the town and
in the theatre after the rule had been served on him.
He contended that he would spare neither pains nor
expellee tb shew the illegality of the Managers' pro-
ceedings. A copy of the hand-bill was annexed to
the affidavit.

Mr. RAINE then addressed the Court. He was
Counsel at the trial for all the defendants, ex-
cept Turner and Webster ; and Mr. Scarlett was
Counsel for those two. The disturbance in.
• which the defendant had unfortunately been en-
gaged, was certainly of an illegal nature, and
the present prosecution would teach them a good
lesson, namely, how dangerous it was to do any
act that was connected with tumult. The de-
fendants, in this case, had offended against the
laW unwittingly, and so soon as they discovered the
impropriety of what they had done, they evinced
real contrition. The rule they had Suffered to go
without opposition, and they had offered to let
judgment go by default, if the Attorney-General
would have consented to withdraw the count for
conspiracy ; and the Learned Gentleman thought
at subsequent events had shewn that defendants

were justified in desiring that count to be with-
drawn; The Court would observe, too, that all
the defendants were young men, and some leni-
ty would be shea n for tht: actions of yo6th, which
preceedud from want of reflection, and 'roar that
temerity which is so natural to tl:eir state of life,
With respect to various papers and placards that
had been, posted aaout the toxn, and distributed in
the theatre, not a little evidence had been addiced
to strew that tire defendants had Laren the audio's of
them ; and from the activity with which the pra-
ceedings against the defend.' ats iiari been full-,wed up,
he doubted no: but that the niantiffs would have
brought home to them that fad, had it been .n their
power, or had they supposed that tire bi;r.s had been
written by the defendants. The delendan,s bad not
been engaged in the destruction of a•iy of the de-
cor -tions, or of any part of the theitre. With
eq-aret to the placard, signed Lemon, annexed to
one of the affidavits produced by the Attorney Ge-
neral, he was taken somewhat by surprise, as
.he
did not expel that it would have been produced.;
but the intent of that placard was to refute !he charge
of conspiracy. Mr. Lemon, however, whose offence
was greater than that of the others, was a young
man, and had offered to make any atonement that
could be required. Mi. liaWlinaon being a pro`es-
siona man, it might be said that he ought to reive
known better than to mix with the riaters, aid
thereby induce- olaeis by his example to suppose
that they were do;ng rigaa. in imitating him. But
he was a young man, and he, time waß not
conscious that what he was doing ma;iii aaat-
strtfaed into a crane. Tae Learned Gentleman was
aware that ignorance of, the law would lira screen
offenders against it horn the penalties thereof ; bat
it would he taken into consideration by the Court.
He could not help observing, that he thought " hard
measures" had been dealt out to Carter ; though
he did not with to say any thing against the verdict.
'He thought that the minds of the Jury might have
been somewhat proposseised, after the conviction of
the live, and have come to the conclusion that all
were guilty that had been accused. He however
felt confident; that the Court would not forget to '
exercise mercy in their discharge of jutice.
Mr. SCARLETT followed on the same side, and in
behalf of Turner and Webster, the conduct of which
the defendants had been found guilty was certainly
against the law; but they were young, and h been
carried away by the influence of the moment.
The ATTORNEY-GENERAL, on the part of the
prosecution, in reply, observed, that lie was glad
to hear it admitted, that such conduel as the defen-
dants had been guilty of was' illegal ; but it had been
wrongly concluded when it was supposed that the
fad of conspiracy could not have been brought borne
to the defendants, because they had been acquitted
of it. It was from motives of humanity solely that
the count for the conspiracy lad been dropped. The
Judge, at the trial, from the decent appearance of
the defendants, and from the respthable characters
t hat.. were given them, recommended that so heinena
a charge as that of conspiracy, and so distressing in
its consequences, if brought home to the accused,
should not be pressed ; and from that recommenda-
tion, from motives of humanity oily, did the prosa-
cutors consent not to press the charge of conspiracy,
The Learned Gentleman then alluded to the va-
rious cases, and thought they could not expect to
escape punishment after having committed such
outrages as they had been found guilty of; for if
they should, it would be said that there was a law
at Westminster Hall for the protection of property,
and one at*Liverpool that permitted its destruMion.—
Men ought to be made to know, if they did not al-.
ready, that property, wherever it might be situated,
whether itwas within a theatre or on a barren heath,
was protected by the law of England from all out-
rage; and any one that destroyed or injured the pro-
perty of another, immediately became ameeable to
the law for such offence. The property of rile the-
atre was the property of private individuals, and,
as such, was proteded from public outrage. The
offences of the defendants, Lemon in particular,
who appeared to be the principal amongst the
rioters, and had behaved much worse than all the
others, was of a very grave and aggravated nature,
and as such would meet with exemplary punishment
from the Court.

The defendants were then ordered to be remand-
ed to the Marshalsea, and brought up to hear the
judgment of the Court on Monday next.

COURT OF COMMON PLEAS.

CHURCHILL V. BLACKSTONE.

In this case case which we formerly recorded, Mr.
Serjeant SHEPHERD argued against a rule to chew
cause why the verdiet should not be ser aad
a non-suit entered. The rule was made absolute.

A transport vessel, with part of the French troops
taken at Coimbra, is arrived at Spithead. Out of
250 prisoners who were put on board her, 40 died
on the passage.
Lord MINTO returned to Calcutta about the mid-
dle of May. The intelligence has been received by
the late arrivals from Bombay. We are happy to
be enabled to state from the same source, that the
British Empire in India is in perfect tranquility.
Governor DYNCAN'S exertions in the Presidency of
Bombay have happily preserved that settieineut and
its dependencies trom the disturbances that have agi-
tated the neighbouring Government of Madras.

Coact-EitITANGIIIO Nov. 2E —The Mirket this
day has not many arrivals of Wheat COaSiWisc, hitt
tolerably remaining supply of foreign, which bt-ink.7,
request for Portugal, tends to ,the effect of lastiprices
being maintained ; ,Rye rather dearer; I.3lrl•ty an::
Malt keep their prices; White Peae likewise ;
very few Beans of the two kinds, and dearer; Ole
supplies of Oats are but inconsiderable,...a:d this ar-
tide supports the late &Wane; price of Vour at our
last currency.
Wheat . dos a Ses a 95s 'Tick Beans . 46s cis
Fine ditto . . 98s II zoas Oats . . 25 , 3 a
0S 3 ;41
Rye (new) - . 38s a 4es Poland ditto -
..os a s
Barley - - - 34$
a 47$
Potatoeditto - zi2 a3c
4
Malt . . . 72$ a 78s Rape Seed • - 461 a 511
White Pease -61 s a 65s Fine Flour - b.s a tis
Grey ditto - . 485 a 53s Seconds - . -
75s a Bos
Beans . • . szs a sSs

ruin itte:4o A DON GAZETTE, 11:%1'..20, too.

Adiniralcy=oifice, Nov.-To:1 8 fC

:opy of a Letter' from Admiral Sir Roger C iii lis. ll'art. •
- Commander in Chief at rortsmoathi'tol „AV.' Croker,.
Esq. elated the t7th lost.
1-. SIR, • .
. I 'herewith enclose, to be lard "beiofe 'the 'Lords'
`2,oflitnissioners of the Admiralty, a letter from CaN.

~.rain Grant, of the Diana, reporting the Oiling from
Havre, and subs-fluent attack under the batteries of
ILa Hogue, of the two frigates of the enemy, which
'have been sonic time blockaded in the forcrier port
,ihrthe'ships'under his orders ; one of the enemy's
frigates is on shore on the rocks of St. Vaast, where
she lies on. her beam ends, and the otheriagretind.on
the shoal near the fort.

It would be great injustice were I not here to
mention the persevering vigilance and correetnes: of
judgment, with which, under the dire&ions of Cap-
tain Grant, of the Diana, the blockade of these ships
has been Conduaed., and to which their present situ-
ation is to be attributed. _

I likewise transmit letter-from Captain Malcolm,
of the Donegal, who with that_ship and the Revenge

joined the Diana and Niobe in attacking The second
frigate, after the first was on shore. A list of men
kilted and wounded in the sei-eral ships on this oc-
casion is also incloSed herewith.
I have the honour to be, &:c.
(Signed) 'R. CURTIS.
His Majesty's Ship-Diana, at anchor off
ta Hogue, Nov. 16, 18to.

SIR,

I have the 11.1.1.11. to inform you, that though the
was strong from north east and north east by

•north, on Alonaay evening, the t2th instant, with
a very heavy sea, I thought it probable the enemy's
frigates might endeavour to push out ; I therefore
placed the ships in the best position I could suppose,
and at half-past twelve on Tuesday morning we
were fortunate enough to see, and found outseiveS
• in shore of them ; the wind, haVing backed to north
by east, threw them considerably to windward of
us, but prevented their getting round BaifleUr ; we
were so near as to fire two broadsides at them before
they got. under the Batteries of Alareou. At this
time Captain Loring, in the Niohe, bad pushed in
shore, in hopes of cutting off the -sternmost ship,
which he had nearly etfetted, but the. wind blowing
fresh from the north ward and eastward, with a heavy
sea, and the flood tide about to make, we could. not
prevent their getting through the narrpw passage on
the west end of Alarcon. On Thursday forenoon
they weighed, and remained under sail,close under
the batteries of Alarcon for several hours,
_and the
eVening got into Li Hogue Roads, *we having been
driven to the north of Bartleur by the ebb tide, the
wind easterly. On the Wednesday morning I sent
Captain Loring, in the Niolie, to give Captain Mal-.
colm, it the Donegal, information of the situation of
the enemy's.ships, and made all sail in this ship to
the anchorage of La Hogue, and on my approaChing
it, had the satistaelion to see one of the enemy's fri-
gates run on shore. I anchored at one I'. M. and
continued so mull morning ; when t perceived that
the other of the:eretny's frigates seemed to be in
a position where she Might he ; Weighed
an the first of the hood and made sail for her, but
the enciny, on olierving-pur intentions 'weighed
and Went close into the s!.(ial.
,of Si. \'.'aast, and im:-
mediately between the;batte'ries ttf L. Hogue, and
Tatilion. I determined, liziwever, to go as
,close to
her asj could, without getting on shore, in hopes
something might be done; but after twice standing
in close alongside of her, sustaining the fire of two
batteries, together with the frigate, which by this
titne had received considerable reinforcentems of
men. from the short', I found the fire ao .very, heavy,
that I saw no hope of doing' any thing effectUal.
against' her..
At this time Captain Maleolni, of the D. ,regal,'
arrived with -the Revenge ancLls.iipbe, and the at-:
tack was renewed by the 'four shiPS',.who continued
going in alternately; and, made
.'every *exertion so,
long as the tide would permit them to do so;, and
I have no doubt the frigate niti;t liave received very
t initiry from it ' I situ sure I need sot tell..you

grew_ y _ .3"
Bow very diortified all on hoard the Diana and .INiobe
are, that, alter our anxious bloClsade,.we have.not,
been able to do more ; but I trust you will: believe;
that every thing has been done that was iri our:
power •to get possession of the frigates ; and_ it is
some consolation to be able to say, that one of them
is on the .rocks of Saint Vaast,' on her beam ends,
and last night fell over on her larboard side, having
been before on her starboard, and the Other lying
apparently on the shoal .near the-fort, and, I trust,
not in a state to go to sea for a considerable length
of time.

It now remains for me to say,.that nothing could
exceed the steady behaviour of my Otlicer2 and men
,of the Diana and to Mr. Rowe, the First Lieu-
tenant, I feel particularly indebted for hisassistaace
And exertion. Captain Loring speaks in the highest
terms of his Officers and men,. particularly Lieute-

rant Simpson.
I am happy to say, that though Aitie were .a;long
time tinder so heavy a tire., Nye- have only, one mit.,
rine. slightly wounded,, but -the ship has suffered
very considerably in her mv.sts, sails, hull-, •2n-d
ging. Unless they-dismantle the enemy's frigate,
I shall continue 4:1111 my present station until I have,
the honourto receiveyour orders. - -
I , have to beg your forgiveness for. the 'length of
this, but hope that The variety of occurrences tie.;
cessary to be stated will plead my excuse.
I have, &c..
(Signed) CHARLES GRANT.
Sir Roger Curtzs, Bart, Admiral of
the Red, ecc. ::cc.

SIR, • Donegal, at St. Hekn'i, Nov. !o, 410.
On the 14th instant, being near t5).-.Bai4l;tr;
cap. min Luring, of.the Niobe, informed me., that
two-large Fritnch frigates had sailed from Havre on
the-night Of thel.ctty, _and had .been chased into
La Hogue by the Diana and Niobe.
NeKt niorning, in Company with tile Revenge,. I
joitiedthe Diana off La Hogppo., and oliserve.d,one
Qt7ilie=enenly's 'frigates aground pear St. Vaast
, Ole' day before she had been driven frolil her

.:.

ahcliora 'Oa gale fi-6ta rite Stitat t tiler t:
was anchored very near. to the shore between the
forMorLa Hogue and Tatilion ; it 'watt imodfsible
to apprOach her btu under the 'fire 'ot her gtirts and
thOse ' the two batteries, which -are very'cOUsi-
derlible.
lArOtScked three times near.'to her,'fir;ng our
hroadsides whilst going:about ; the 'Revenge, Diana, .
and Niobe did the same ; and it is with pleasure I
inform you, that the ships were mat.muvred with
the greatest precision, although the shot and shells
fell in ab,:ndance around them, and the guns could
only be brought to bear when head to wind.
At one o'clock ti,e tide of ebb drifting Os to lee-
ward,
obliged us to dosist from the -attack, and we
anchored out of gun-shot.
Some of our rigging is otft.,;iiiid a - shot in the
head of the main-top-mast, but otherwise our da-
mages are not very material. The Donepl had
three men wounded, and Revenge seven-, t' 'o of
whom are since stead.
ing on board sdme 'of 'Colonel 'Congreve'S
rockets, in the night I sent the boars iltder the
,coinmand of Mr. Taylor, First Lieutenant of the
Donegal, who fired several in tire directionOf the
frigate.
Whether from their effeta 'drilla the 'effeas of
our cannonade, i know-not, but at thy-light we
observed her nearer to the sl.ore, and agtound ; -the
'other -was on her beam ends; and necirly (fly .at low
water. '
As they were now pet feelly proteaed by all ball
• teries, it did not appear to me that any further at-
temitt could be made to destroy them; I thettfore
-resumed my station with the Revenge,, leaving the
Diana and-N%ble to watch the Port of La Hogue.
Capt. Grant will have detailed to you the particu-
lars respthing his own ship and the Niche; .1 have
only to say, that the condual of both; whilst ading
with me,. was such as was to be expelled iivm Wtll
appointed English frigatq.
Otte of the frigates I consider to be lost ; she was
first on her starboard beaM eirds, and lwhen raised
by the tide, fell overonits leaVing her on her lar-
board side; the other must hate suffered very con-
siderably from our shot, and where she is aground,
is exposed to the East winds. • •
I have the honour to ber,

(Signed) PULTNEY MALCOLM.
To Sir. Roger Cdrtis, Bart; &c. ,Ice, Sac.

A List of Men killed .and wounded on toard the Donegal,
Diana, Niobe, and Revenge, off La Hogue, NoVenaber
xsth, iSio.
EGA L— John •R usual, quarter-gunner, severely
wounded ; fames Cameton, lattdman, slightly wounded ;
John. Halfpenny, private marine; ditto.
DiAtJA--One private marine (name not gitreh) slightly
wounded d • - ••• •
NIOBE.—None killed or wounded.
RE vENCE— Edward Kendrick, ordinary seaman, since
-dead ; lames M‘Gourvey, ordinary seamen, ditto; Joseph
Wilford, ordinary seaman, dangerously ill ;i John Manic,
ordinary seamen, slightly wounded ; .Ralt Halliday, able
seaman, ditto; William Harding, ordinary seaman, ditto ;
George Grant, ordinary seamen,- ditto; Michael Fitzgib-
bons, ordinary seaman, ditto ; Michael Hebbidge, private
ditto ; William 'attics, boy, third class, ditto.