The Sun.
London, England, 1810-07-28 00:00:00

► letter from ite Agents to the defendant, desiring
the, former, in Liindon, to arrange as toTthe-best
.mode of proceeding. 'The Captain left• his ship at
the Nore, and when arrived in. town, he received a
circular letter from the American Consul, resident
in London, desiring him by up means to prosecute
his.Vosage, as it Would be attended with iturnitient
danger •to the safety of the .property: and ship,
owing to the Decrees of France, and to the state of
the then -Belligerem Powers. The AgentS proposed
'that the Captain shoidd-proceed iojtotrerdam, but
be conceiving that place tube quite.out of the
consequently refused. To avoid the effeCts
of the Older in COuncif, the CaPtain- entered his
cargo at the Cosibni-house i but on. the:2:id• at
N(ivernier, when the goods weie unliraded, there
was an injunction laid on them, . :This lock- place
after the Captain liaS been dirthed by the 'Agent
to 'proceed to Tonningen. The
,Learned Counsel,
contended, that, under all the circumstances, it was
impassible fur the Captain to proseCule his vc.vage.,
without throwing bituself into the jaws 0;. ;linger,
and'submitted, that he ought to receive for his dare
and 'freightage pro-laia
The ATTORNEY-GENERAL, on the.part of the de.
feqdant, 'Maintained that the (\setter never at-
tempted to get possession of theLgoilds. t di the plain-
tiff-had landed them, and that.was.fer the i,urpose
of preventing him from making use of the-tango to
pay his freight, and to prevent the g,oods-from.roi-
ting and spoiling by remaining in vtirelionses. The
injunction had been obtained (ruin the -Chancellor,
with a speciii;L: clause, that the ddiv,..ry.of the goods
to t ht. defendant or his agent was-to be (wide'. ith-
out any prejudice to the claims of the-plaintiff; if
be should recover .aught for his freight,
Lord F,I-LriNBOROUGH observed to the. (special)
Jury, .that no claim,for freight -c•uld 1-te maint;4ned
on a charter-party, except. it were fulfilled: , That
was law, and decisive of the point, so far ask went..
The next thing to be considered .was,„theclaim, tOr
cotnpensation.i That relied °lra comma. either ac-
tually made or implied; and by law there was no
contra& either dived or implied, consequently the
plaintiff-could not maintain his,aoioo, ;.
The Jtiry returned a vottitit fur the defendant. 1

COURT OF .COMMON, PLEAS, IULY

MACNAMAR'A,V. PARitY.

• This was an a&iou brought for -t he recovery of
2401. an. arrear-ot rintdoe by defenda!it to.plaintitr,
.14 appeared that plaintitl is owner '01: Movies-
' Inn, Holhorn,,and delendani, an at tbr'ney,' .rented a
house- from Lady-day; 1800,, add. also col-
lected the rents of the at her eriabis' for Mr-Aldetia7
mara: The rent was 'pt.tictuaily- -paid for several
years, but fdr •some tittle' past the payrn nt. becarn
so irregular, -that plaintiff, on the h'• of August,
3605, caused defendant to tikt served . wit h a nor ice
td • vacaie the premises, and, in. eel thereof, to
pay •an increased alendant not having
thought fit to give op•the house, the rent was raised
from 601. to 801. per annum. The idrfear of the ori-
ginal rent, and also or the increased re,,t,, amounting
to 2401. was the subje6t of the present action.
Ver-
diet fur plaintiff to the full arutinnt.. • .

Mr. • Justice LA7l(escF.,--", It is very evident
frotpthe letter of the, Ist of April, that
Oft* Was determined; if 'Possible, to have the eonirati.
fully perf6rrn,d. The agreenient should 11ave been
pvrforinecl,bqond d'oubt, on the Altindiiy, alter the
22d of July. Had tin indigo been sent clown at
that tinie; plainritf ni.glit have nude a considerable
protil by -disposing of it at the inete,seapriee,""
Verdict for the plaintiff 8/. Bs. being a, rise of
on'thequantity corn, dated for.

SALMON V. STAFV4oItD.

This was an action brought to recover 2501. the
'price of totty-six and a EILIII Auariers of I.xirn,
longing to pl which was alleged to ha% e been
lost to Vie Itivergliatnes:, in consequriee of a col=
Tier; of wnicit toe d4enciant,is owner, having rim
foul ot, an4.'stitil, the baige. in ),t hich tl.e plaintiff had
'shipped i be
1.3 other aaions pending, the decision
of thh.

Mr..Serie.ant SHEPH ER o:stated, that, in the moatli
of December last, the barge, laden ss,itir grain, ar:-
conifmnied-py a large fleet of vessels, was beating
'op,the River, 'with a told' wind ; she was neces-
sarily obliged to sad upon tacks ; abbot half past
eight at night, the moon then shining, the persons
on board her observed a collier,
.the property. of the
defendant coining on the starboard tack ; the barge
was at that time on the larboard tack : they were
then in a place called Sea Reach, about a mile from
Candy Island; the persons on-board the barge-im-
mediately' hailed the collier, and desired them to
Ir-ep their reach, or cuff,' as is customary for the
starboard vessel to do, when she meets with a ship
o!), the larboard tack ; they; had fill time to have
,kept their tuff': instead of•,doing which they bore
away, and ran tool of thr starboard bob- of the birge.
-The crew got on board,the brig, and regnested the
ma‘ter to. tow them into shoal water ; be, however.,
'fearful of damage to, hiS own ship, cet away the
Topes•by which,the vessels were entangled, and the
barge. immediately'stnik. The Lear I:ed Ser)ean,
!or the purpose of. elucidaring the case, .eNbibited a
model tat the t wo vessels. , . •

This statement was Substantiated by the persons
who were on board the barge when she sunk.
Barbe, a
.younger brother • the Trinity
.House, s aredi that it .was, the -general custom of
the .Raver, two vessels were navigating, one
on the' iarbnard, ,and. the .other on the starooard
tack,. tor that on .the larboard tack to bear up ; but
not iu
,all ; -for instance, where, ships cinoot,
avoid each okher on- contrary tacks.' that upon the
larboard should give way to the other..
It was contended, on 'the oti,-er side, that the
error lay' entirely with the-. barge : the collier, .it
was stated, did keep her reach; and had the b .
gd
continued .on her .course, .no -daniage could have
occurred ; but being fearful' of ruantni.. foul 'of a
vessel. to wind ~:ard.-of them, they sucTqc-q4 hove
round, came down before the Ntind, and tell tout of
the aithough the Captain lLtiled
•
apptsst'd them of their:danger.
&vend witnesses were called in support of this
statetnent ; they all - agreed that, nothing but. I lie
grossest ignorance of,seainanship in those aboard the
..barge could have occasioned the accident.

. _
Air. Justice LA W CE observed, that the case
rested entirely on the impre,sion which the state-
ments mane by tiie witnesses on each side were cal-
culated to produce. The two accounts, though ma-
nifestly contradictory, were positively sworn to. It
iemained -with the Jury to decide between them..
The icturnel it verdic,t. for •plaintili-2501.
damages.

PrrIAELg accompl;shed and
lovely haS...beenmarried about tW ti!
o ye"
only ; but 11'061 the very first rno:iths •of her..ill-
assorti;d-union, .she 'found treated by 11,1.
littQL;and,wit tk:a neglgencil' bordering 'on' 'contempt.
. fjkapppitifed'ln the e.xpr(iiii,itknitl her 4;:t,
ffivv for or rather, for dissipation, toillig-Ht"):
of publie,atuusetnents-, .itc tie midst of .mhicit's!!'.
acquired the tnelancitolv c:Alainty h:.l-
- itifi.;klty niegiets.t. -Uoforton.vely, at thi;
time when. her test..twilit:l;l at-the .diseovery„W,SS
its heiglit-when teinaie and iLidigndijoo cci"
-ellier breast with undisputed'sway—at that criti-
cal moment,. in Apr:l last, -5-Iniiitatly getrfletnan
introduced to leer aen!mintance. joined.to a :e'
'inatkable-hand.tome person, .the most elegant cyan"
.ners -and • insitinaung aitdress ; in !--;1)&i, he
deeply versed,in those. winning arts 'which ensnale
,the female heart.. T .*
hat pt Mrs. -.l,..Urasb;ut /00.
-well disposed to receive the fatal impression,
.3114
the desire of • retenge, 'p -thaps, accelerated her
defeat. A fortnight' had nar::Ty elapstd When the
guilty parties met on a vis:t ,at a relation's of Mrs..
*** in the. cfninfry. • Till then they had a6ted witit
h prudence and a discretion which had excnidcd
even suspicion. But' what can evade the piercing
eye of jealousy,i7
.The Captain, Alto is,a wan a
great gallantry, had it seems paid his addresses ?is!
to' the young lady of the house, but had lately
continued then): Thisjadies young or old seldOe)
forgive. The Captain was by her narnwly watch.
ed the whole of the evening, and Miss.conclucl:-4
from those mysteriouslriOes which dre so impront
in love, that Mrs. *** wa. her favobred rival in the
Captain's affections. -Eager for.revenge, she h3rdly
waited for the departure.ot the.comi,any todisclose
her suspicions .to, the family, presence of IV.11!;
*** who, coaceiving'thaf she was -110 W discQvered,
and that her guilt was -likely-to b,..cotne public, (!e-
-termined to be tilt-fist- who should reveal it to her
husband. In conseqUence, she came into towii the,
next mot-nil-to, and sent off a rtieSsen4er to him at
-- with a ref ter in the fi flowit4; term's"•:.--:

its you must soon be intbrined,ot the injuryl have dtina
you, I choose rather to confess my crime than to give any ons
an opportunity of exaggeratim; my guilt, or insulting )00•
Nor will I seek in your condukft for an exco,,,t lily own,
but, retain, even in this state of
and con snadow
of that dignity which once made ttie deseryine of your el:lrvin.
I can easily foresee the conseiquences :f 'this discovery, ,"14
%therefore beg,' as the last lavonr y.,ta can. grlnt me, that ,
may he permitted to see my poor helpless child, for 1 hove
ever loved it -v,ith tho teridereStalleaion -Oh, ye innoccia
babe! shoUld Providence ple4se to .prolong your (lays I"'
:emany 'years to come," how w;hl ev.,r bear to hear
na;ne of her Wil0i..:11I1111$t at the histant she grite you hiftt';
niaile.you heir to shim,: and dishonour tyho will ii.iw temd
your youthrtil Who will teach you to slut, the en-
chanting snares otvice, when she whom nature made your
guard, has deserted you ?-But; Sir, to your care I co:lnnen': t
yoUr innocent babe. i conjure von,, by rite lose you oace
bore its unfortunate' mother. that it friay -not sutler tar Atf
guilt; but find ith you both parent's in one For myself
ask no pity; though I should 'wish for yi,ur forgiveness.
6th lune "

. ,
Mr. *** received this hitter with perfetll rfan'
chtilance, nor did he retort) her any ansAer.
ditierende on the occasion being reported to the fair
penitent, has thrown her into a state of wind bill 6
short of distradion, nor durst she, in her agonized
feelings, apply for protection to hitn, for.,whose
sake she now 'suffers -this' disgrace. ~This case i:
likely soon to be -brought before a Court 0`
Justice.

•
The follol ing extraordinary incident is stated ins
country paper ;--7" On 0,0
.; oth 'inst. as is (.301142:
man of Scarhorough and a party of friends welt'
fishing for pike, they hooked, and suCceedcd in 56'
curing, a pike of the enormous weight of ;Nibs. to
which were found four ,fullgrown wild ducks,
of .which were, 'IA ith the-pike,
.dressed for the table'