The Sun.
London, England, 1821-11-05 00:00:00

PUBLICATIONS.

Da p,
Tln Two vonmeTs,his 2:noy . :iwass. üblishi,,,ardse,d or calf HE LIFE-and ADVENTURES of GUZ-
.d 'NAN )' LFARACHE, or the Spanish Rogue, trans-
'. fro SAGE.
By JOHN H. BRADY.
tinVe congratulate the Public non the addition which M.r.
ouy has made to their literary
°amusements." " This is
S. the most amusing works we know."—(European Ma-
,tine May 182 I.)
Ed.‘,l%lr. Brady has executed his duties as a Translator with
„ New Monthly 'Mag. 1821.)
of ,1 'Pr‘ansiator has produced a very entertaining version
the adrentures of that prototype of adventurers—the
'palier.Gozman."—(Literary Gazette, Ist Sept. 1821 )
c and Co. Patermister,row; and J. M. Richardson,

This Day was published,
1'45 Second Edition, price :is. in boards, of Volume the First
rtillE 'VILLAGE PREACHER, a Collec-
,tue fiats tit short, plaits Sermons ; partly original ; partly
ted, and adapter( to Village Introction.
p 131 Y a CLERGYMAN of the CH LACH of ENGLAND.
elites! for F. C. and .1 nton,Saint Paul's
tiro, yi
mid No. 3, Waterloo Place, Pall Mall.

This Day were blished,
Price 3s. 6d, in board‘. the pu Second Edition, of
Wat MONS ott the DUTIES of CHILDREN,
j. Gas set forth in the Catechism of the Church of England.
se 41,..t.he Lore of Goo-2. On Public Worship-3. The Ob.
to Pale of the Sabhatb-4. Duty to our Neighbour-5. Ditty
True'tts--6. On Brotherly Love-7, 'On Charity-8. On
Pleasn'Tisdons-9' On Eri! Speaking—Rl. On the Lure of
11, Onßaptisiu—t-i. On Confirmation.
Print A By .a LADY.
Church.. for F. C. and .1. Ilirinton, No. 62, St. Paul's
and 3, Waterlogi-placcg. fall

Xltrie This Day was
m puhlid hed, •
, tly printed in Four Volues, edicated (by permission)
"her Royal Highness the Duchy.Ss of Gloucester, price
llts its hoards-
t.
ERALINE; or, OPPOSITE PROCEED-

ING'.
By LiETMA mATILDA tiAwKiNs.
arPdrinated for F. C. and 3: airing-too, 62, St. Paul's Church-
yard,ad 3, Waterloo-place, Pall-Mall ; sold also by T. Hook-
IS) Old Bond-street.
A Of whom may be bad, by the same Author,
itiuti,ew remaining COPIES of THE couNTEss and GER-
v_ "E, or Modes of Discipline ; the Second Edition, in
Aoli• Eleo: 11. ifis.
11. 7nsd. ROSANNE, or a Father's Labour Lost, 3 Vols. Bra.

I This Day was published,
n Oct price 10s. Vic. in hoards, a Third Volume, of
itIAMILIAR. SERMONS, on several of the
„, Doctrines and Ditties of the Christian,Religion.
k-uY the Rev. WILLIAM BARROW, LL.D. & F.A.S.
"ndary of tbe Collegiate Church of Southwell, and Vicar
of Farnsfield, in the County of Nottingham.
rutted for F. C. and J. Rivington, No. 62, St. Paul's
I.llurch yard, and 3, Waterloo Place, Pall Mall.
1,, Of whom may be had, by the sme Auth
b.; ue two first Volumes of the Familara Sermons,or, in Octavo,
r•,e, Is.
Pik • •
',-.avrb. 'l"ilar Dissertations on Theological and Moral subjects.
10s. ed.
4e/k.
.'say on Education ; in which are particularly consi-
moll! the
In Merits and the Defects of the Discipline and Instruc-
our Academies. Second Edition, 2 vols. 121 no. 95.

SUBSCRIPTION , . ,
For the RELIEF of the WIDOW and CHILDREN
of the late
CAPTAIN HENRY HALES,
~_ Of the Ship OFFLEY, Southern Whaler of London,
-Who with the Second Mate, and Boat's Crew, were inhumanly
MasS'acred by the Spaniards, on the Island of St. Maria,
Coast of Chili, on the 2-Ith of February last, under circum:-
stances of the most aggravated barbarity, by which deplorable
event' his Widow and Orphan Children are left entirely des,
titute of the means of Subsistence.
- rr4I.IIS Melancholy Catastrophe occurred on a
IL voyage to the South Sea Fishery,—Captain HALES
sailed from England iu the Ship Offiey, about the month of
passage,oober 1820, and
iijuinlllBl2aLin ~ doubled Cape Horn, after a rough
which is
fi sFuenbirun uninhabited, on
abouton ht
}Joe pcAu.otaassit.n, into the
Chili,
to Islandr oe f.
fiSt.t_.
OMna 711,
several men were seen on
the beach;`and- Capt. Hales supposing them to be Spania-cds,
who had come over from the Main, went on shore with his
Second Mate, Armourer, and four Seamen, armed, for the
purpose of procuring fresh provisions. The party was seen to
land, and join the Spaniards, with appeared to be very friendly
with them; they shortly afterwards retired from the beach to-
gether, and it was supposed that Capt. Hales was in treaty
with them . for provisioris, and was gone over to die South Bay
to lout.. at them. ToWards tildßAtt, the.Cap.tniu not-having re-
turned, the crewhevarne alarmed and a boat was despatched to
search for them, which returned with information, that on their
approach, several strange men were seen .on the beach, and
from their movements more were supposed -to be concealed,
and it being near dark, it was deerried most prudent to return
to. the ' shin - without, venturing to land. The . following
morning no tidings having been received of the party on -
shore,_, at. day-light the Chief Mate manned and armed two
boats,• for_ the . purpose of endeavouring to find' them ; on
coming War:the shore, they • perceived a man naked, sitting
on the beaclif and on landing, discovered him to be ;Thomas
Moore the •AnnOurer.; covered with blood, and severely wound-
ed ; he was perfectly sensible, and informed them, that on their
first landing, the Spaniards appeared to be friendly, giving
thein bread and .meat, and induced them to, accompany them
some distance from the shore; where they were suddenly sur.
rounded lir40!:or• 50 men armed, on which the Captain re-
solved to return to his boat, which was refused, except on con-
dition of their delivering : up their arms—They were compelled
to comply with these terms.—The Spaniards then treacherously
bound them; two and two, and carried theni about three miles
into the island, and when dark, brought them back near to the
beach; among some bushes—stripped them—and cruelly stab-
bed thesis in cold.blood, himself alone surviving, whom they left
for dead, he .having received 23 wounds in.his body, and two
sabre cuts, ' one on each side of the neck. He was perfectly
sensible, and was immediately taken on board, where the Sur-
geon examined him, and found his wounds mortal. The boat
had no sooner returned,..than a number of men were seen com-
ing towards the beach, and soon afterwards a man presented
himself dressed in ,the Captain's clothes, waving his hat fel. a
boat to come on shore; he was accompanied by three or four,
who appeared to be Officers in green uniforms, with cocked hats
and sabres ; others were discovered from the mast head lying
behind the beach. The lender of the party appeared so much
like Captain Hales; that the Armourer was questioned whe-
ther he was positive that the Captain Was killed, when he assured
them he was, and' that the Captain or leader of the Spaniards so
much resembled Captain'Hales, that he had remarked it when
on shore. The Offiey immediately weighed anchor, and stood
'for Conception, and at 5 P. at. the Armourer became much
worse, and it 9 the same evening died.—An instance of more
.atrocious barbarity, perhaps never. occurred i Capt. Hales, the
Second Mate, Armourer, and four men perished, in this most
inhuman t:ansaction ; Capt. HaleS has left a Widow and seve-
ral Children totally destitute of the means' of subsistence, to
obtain which, .this appeal is made with confidence to the bene-
volence of the Public, convinced that they will humanely con-
tribute to the relief of an unfortunate family, who have been
deprived, by this unforeseen and calamitous event, of their only
support, and who have thus been reduced from respectable and
comfortable 'circumstances, to the greatest poverty and distress.
SUBSCRIPTIONS will be thankfulli, received by Sir JAMES
ESDAILE and Co. Lombard Street ; "B. I. LINTRORNE, Esq.
Austin Friars; W. CURLING, jun., Esq. 10, George Yard,
Lombard Street; Messrs. CURLING, Youxa, and Co.. Lime-
house; and at THE SUN Newspaper Office, 112, Strand.
Curling, Young, and Co. . . . £2l 0 0
William Mellish, Esq. . . • 10 0 0
Samuel Enderby, Esq. . . . 10 0 0
D. Bennett and Son , . . . • 5 0 0
J. Gale and Son . . ' . . 5 0 0
-Hill, Boulcot, and Hill . . . 5 0 0
Hayman, White, and Co. . . 50 0
Domett and Son - . . . • 5 0 0
.
Blyth and Sons . . . . 5 0 0
Brunton and Co. . ' . • . . 5 0 0
The Sun Newspaper . . • . 5 0 0
George Brown, Esq. .. • . . 5. 0 0
Thomas Ward, Esq. . . . . -5 , 0 0
Cox, Kelly, and Young . . • 5 5 0
Mr. Sturge '.- . - • '
• • 5 0 .0,
Mrs. IL Curling, Camberwell . . 5 0 0
W. Curling, sen., Esq., Blackheath . .. , 5 0 0
T. B. Oldheld, 14sq. . . . 5 0 0
N. Atcheson, Esq. . . • . . 3 0 0
R. S. Atcheson, Esq. . . . . 2 0 0
' William Williamson, Esq. . . . 2 0.0
John Haikriess, Esq. . • • . 1 0 0
Henry Wilkinson, Esq. . . . 1 0 0

To T. TAYLOR, Esq.
N 0.9, New Bridge-street, London.

HoNovara, Sin,
IL-BEG- leave to inform you, -that ever' since the
year 1790, Lhad been afflicted with the Lues Venereal,
which, from its obstinately resisting,every course of Medicine
prescribed by the most eminent of,the faculty here, and un-
dergoing severalsevere courses of salivation, and twice dis-
charged from the Hospital with little relief, would appear to
be of the most inveterate nature. In the spring of last year
my aisorder had got to such a head, as nearly to put a period
to my existence—l had a large ulcer on the crown of my head,
one on each arm, and my legs were broke out in a frightful
manner ; my right was dreadfully paififul, and had been in a
state of ulceration for the last seven years ; my left had also
two large nodes en it, was very much discoloured, and gave
me such excruciating pain,.. particularly when.warm in bed,
as nearly to deprive me of rest ; iu this lamentable state, I
was recommended by 'Mr. .1. Thompson, (who received so
great a cure by them here), to take your Leake's Patent Pills,
which I began to do on the Stith o. May ; in the course of a
fortnight I began to receive benefit—iu little more -than a
mouth the ulcers on my head and arms were soundly healed—
soon atter, the sores ors my legs healed also ; leaving, how-
ever, considerable discolouration in Vie skin, and pain in the
hone of the left, which, by the blessing of- God, and a little
longer poseverance in your invaluable Medicine, subsided ;
the nfides.distiersing, the skin regaining its natural line, and
the nocturnal paini gradually going off.—l thus became,. by
your liberal advice and.nredicine, perfectly frec.froni 'all my
former •coniptabits—have recovered my former spirits and
strength, and am become jolly and fat, in which state haviug
continued litany mouths, to the astonishment of all who knew
n.e, I am at a 10S in what terms to express my gratitude, hut
beg you, for the amid. of other suffering mortals, to make
this my case as• public as possible, as I shall on every ucca-
sion ; in so doing you will greatly oblige,
Sir, your grateful, obedient, very humble servant,
ALEX. MUMMA
Swan's Close, Iligh-street, Edinburgh.. •
Witnesses to the above Cur::--

John Thompson,- No. Z-5, New Poultry Market, Edinburgh,
John Wintosh, Ql4 Assembly Close, Edinburgh:
• Prepared and sold by the sole Proprietor', THOMAS TAY-
Member of the Ecyal
.College of Surgeons, at his
house, No. !I, New Bi idge-street, London; whet e, after a
constant residence of snore than 40 years, in a practice parti-
cularly directed to the cure ot Venereal Complaints and those
incidental to the flirts uf Generation, with that inviolable
secrecy which men of his profession should always oireerve in
such eases, he Hatters • 'himself the advice and assistance he
gratnitousle administers to persons taking this Medicine, will
be esttonea, by a discerning Public, as an advaitage seldom
attainable, and of a Li ambiguity.
Also sold, by hil appoi 3tment, tor the convenience of those
living at a distance, at thicToyshop, No. Oxford-street;
Mr. DishoroUgh's, No. 7, Fish-street-hill • Mr. Baxter,
South-bridge, Edinburg)); Mt. 's, ; and of
one person in every considerable to NII in Great Britain and
Ireland, in boxes if only 9d. each, stamped, and sealed up
with full and plain dim Lions, whereby persons, of either
sex Maycure theasseltes wills ease, speed, secrecy, acid safety.

_
Mr. IloaNc—lt was a book on the Science of
Cookery-and the Art. of Carving. In 1805,. Mrs.
Rundell, a lady of education, having collected
and. composed
_a great nu mber of receipts in
cookery, conceived that she could not better
promote the interests of ,tlA,public, than bade,
voting her labours to,. its se ice .This she de-
termined to without the most dinkni view of any
pecuniary remuneration. Her only object -was
to make the book find its way into the world,
with that sort of eclat which was calculated to
insure its becoming fashionable ; and, therefore;•
her first work was to find out some person
through whose auspices she could introduce it to
the west end of the town. She had the good '
fortune to find a gentleman of all others- the -
most likely to promote the circulation 'of her
literary labours on this • ancient and important
art and mystery. -Upon the shelves of Mr. Mur-
ray it would be the companion of the works of
the most celebrated poets, historians, and
sophers,. and -with' them she fancietbit would de-.
scend to 'posterity. This to- an author, and a
female author, actuated by the laudable vanity of
seeing her work so ushered forth to general at-
tention, was sufficient reward. She presented
her work to Mr. Murray in 1805, upon his under-
taking to publish it at his own expence and risque.
At this time nothing.was farther from her thoughts
than receiving or claiming_any remuneration of a
pecuniary nature. Upon her presenting her
manuscript to Mr. Murray,. it was found tb be a
rude undigested mass of receipts, without form
or. order. The plaintiff expended a considerable
surn_of money in bringing out the first edition
he • had added an index, had the preface materially
enlarged ; and, above all, he • had procured a
number of plates to be engraved, illustrative of
the art of carving. • The first edition was soon
disposed of, and a second was prepared.
The Loan CHANCELLOR observed, that in the
preface to the edition _he held in his hand, the
authoress said she had given the work to the
public, and expected no emolument for it.
Mr. HoaNE said, what he had to contend for
was, that this Work having been freely and volun-
tarily. given to the public, 'through-the medium
of Mr. Murray, and he having been at all the ex-
pence of bringing out the various editions, had'
acquired an equitable right to republish the work
at the expiration of the first fourteen years. To
shew that this lady never expected to be paid,
he would only mention that, in the year 1808,
travelling about like other learned
,persons, she
happened to be at Edinburgh—perhaps for the
purpose of collecting more receipts in the Art of
Cookery, Mr. Murray was in that city at the
same tinw, and availing himself of the opportunity'
he, with those feelings of delicacy which were
not likely to influence any publisher, who
was about to pay an author fur his labours, en-
closed her bank-notes to the amount of 1501„
'trusting that the would think it as honourable in
her to receive it as it afforded him .pleasure to
send it. In her answer, the lady expressed her,
surprise at the present she had so unexpectedly
received, Observing, that she never had entertain-
ed the smallest idea of receiving any pecuniary
return for what had been on her part a free gift.
She expressed further how rejoiced she was that
her little work. should have been received by the
publiC in a way so,far beyond her expectations,
as to have rendered the enclosed present a satis-
faction to the giver. Thus, it appeared, her mo-
tive.for accepting the gift was not of a mercenary
nature, but because her vanity was flattered by
the idea that it was a testimony of respect to her
'abilities.- These letters, he submitted, were
quite decisive of the case ; and the passage in
the preface, pointed. out by his Lordship, clearly
shewed that she had-given the work •to the plain--
tiff. She had no right to. say that the plaintiff
should not continue to publish it, because the first
fourteen years had expired. As well might it
have been said that he could not have published a
second edition because the first had been sold.—
What she contended for new was, that because
she had 'given her work to every one, she had
given it to no one. He submitted the Injunction
ought not to have been granted.
SHADWELL, on the same side, detailed
the proceedings in the present suit, and in a cross
cause, to restrain Mrs. ltundell from publishing
her receipt with the plaintiff's additions and em-
•bellishments. In that .suit the Lord Chancellor
had granted the injunction against Mrs. Itundell,
which injunction- the Vice Chancellor, when the
matter was before him, had not .disturbed, but
he had granted an injunction against Mr. Murray.
The Loan CHANCELLOR observed, that if both
were to be restrained, we should get no dinner
at all. :

Mr. SHADWELL said, the Vice-Chancellor had
asked whether Mr. Murray had not been repaid
all his expences ? It was due to the talents of the
Lady in the Art of Cookery, and to the embel-
lishment of the work by Mr. Murray, to say
that both had been so excellent, that the
publication had met with its reward, and had
experienced a most extraordinary sale dur-
ing a course of several years, but there was
no validity in that argument. it was no rea,

MURRAY V. EI.LIS'TO\.

LI Cris atie; which` was struck out of thupaper yesterday in
consequthlee Of the absenceof 'the-Counsel,, the plaintiff's s -
liciter applied this morning to have the cause restored to the
paper,cin a suggestion , that the Learned Counsel was out of
town.' The case involved. the right'of the defendant to repre-
sent one of Lord Byron's tragedies on the boards of Drury-lane
Titeitre. '

The COURT said, that._ the cause having been called on in
its turn, and no person appearing in behalf of the plaintiff,
it had been struck out of the paper. If the plaintiff wishQ it
to be restored, it must be the subject of a special application•in

Term.

DOE, ON THE DEMISE OF TILE EARL OF SHREWSBURY,

V. PATTEN.

This was an action of ejectment to the possession of
certain land in the parish of
,Alton, in the county of Staffbrd,
demised to the defendant upon lease. At the trial before Mr.
Justice BEST, at the Staffordshire Spring Assizes, 1820, a ver-
dict was found for the Lessor of the plaintiff; subject to the
opinion of this Court upon a special case..
The case involved a question of considerable importance as
to the construction of the leasing powers granted to Lord Tal-
bdt, the ancestor of the Lessor of the Plaintiff, under an Act of
Parliament, passed in the fith Geo. 1., for settling the family
estates of the Talbot family. In point of pecuniary value, there
was an income of several thousands of pounds per annum, de-
pending upon the decision. The object of. this ejectment was
to make. void one of the great number of leases, granted to the
tenants of the Earl of Shrewsbury, on the ground that it was in
contravention of the leasing powers vested by the Statute above
mentioned. It was said to be the policy of that Statute to pro-
vide suitable means for maintaining the dignity of the SF;cws-
bury Peerage and the Talbot family in perpetuity. One of
the points taken, therefore, was, that by the legal operation of
the lease in question, this object would he defeated by the
manner in winch the rent was reserved, for it mig7it so happen
that during part of the term demised, the persons in remainder
enjoying the title of Earl Shrewsbury, would have no means.
of supporting the dignity of his station, in consequence of
the improvident terms- in which the lease was granted. The
lmse in question was granted to Thomas Patten forninety-
nine'years, or three lives, at a rent of fifty pounds per an-
num, payable in half-yearly payments, at Lady Day and
Michaslmas Day, the first payment to be made on' the 25th
of March next after the date of the lease, which date was the
6th of .January. By this stipulation the tenant would have to
pay the first quarter's rent for an occupation of only two
two months and nineteen days, and during the last year of the
lease, which would expire on the 6th of January in that year,
there would be a laeriotl.,.ok,..fintr,anonths and' van days during
Whi..:ll no rent whatever would be payable. This, it was con-
tended, was such an exercise of the leasing powers, as was in
contravention of the policy of the Act- of Settlement referred
to, for during that interval the then Earl of Shrewsbury would
he totally destitute of means to support his dignity. The ob-
jection, therefore, in point of law, was, that there was rent re-
served during the continuance of the lease. The power given
in the Act of Settlement was, " to reserve the usual and accus-
tomed rents." There was nothing upon the /ace of the present
case to spew what the usual and accustomed rents had been be-
fore the grant of this lease, and, therefore, after hearing Mr.
Campbell at some length upon this preliminary point,
The Court interposed, and said, that in this-respect the case
was defective, for in order to give a proper construction to the
',..aslng,powers, as applied to this particular case, it must be
seen what the usual and accustomed rents had been. The case,
therefore, must either ,go down to a new trial, in order to as-
certain what those rents had been, or if the parties chose, they
might agree between themselveS to supply this defect in the
case, by referring to the old leases in the Muniment Chamber
of the Noble Earl. At present, however, the case was not
ripe for decision.
Mr. W. E. TAITNTON, for the defendant, said there would
he no difficulty in agreeing upon the proper amendments.
The case, therefore, was ordered to stand over until the case
was amended.

WALKER V. MAITLAND.

This case came before the Court upon a motion So set aside
an award, the questiOn arising upon the liability of the defend-
ant as underwriter on a policy of insurance, which was referred
to the decision of two arbitrators, who now found the special cir-
cumstances which raised the question for the opinion of the
Court. The policy was on goods on board the Britannia, on a
risk to St. Christopher's, and all the other West India Islands,
except Jamaica and St. Domingo. By the usage of the port at
St. Christopher, to which the vessel had gonr to ship the cargo
in question, roods are put on board by means of small craft,
which bring the produce from the estates down to the vessel.
Whilst the ship lay at St. Kitt's, her mate, several of the crew,
and some negro labourers were sent in a small shiop to bring on
board. sugar, coffee, and other produce, which was accordingly
taken into the sloop; but in her-passage in the night-time from
the place of shipment to the vessel, the mate fell asleep, leaving
the seamen on the watch to navigate the sloop. The seamen
however imitated the example of the mate—they fell asleep
also,—the negroes followed their example, and the vessel, being
left to the mercy of the wind and waves, was dashed upon some
rocks, and her cargo was utterly destroyed. Another craft, of
the like nature,. with other goods on board, had been entrusted
to the care of another seaman, hut in consequence of his unskil-
fulness she shared the same fate, and was totally lost. The
question for the opinion of the Court was, whether, under these
circumstances, the underwriters were liable, the loss being oc-
casioned immediately by the perils of the seas, but superinduced
by the gross negligence and ignorance of the crew.
Mr. CAotraEm., for the plaintiff, contended that this- was a
loss within, the policy.
Mr. F. insisted that it was not ; but
-The Cou RT were dearly Of opinion, that the loss in both in-
stances having arisen immediately from a peril of the sea, it fell
within the terms of the policy ; and therferee determined that the
rule for setting aside the award must be discharged.
This was the last ease in the-special paper, 'which a.fOrtnight
since contained upwards of seventy casts for argument; but
which, by the unremitting and most laborious exertions' of the
Learned Judges, -have been now disposed of. By these means
More special cases have been decided in twelve days, than in
the ordinary course of business could have been disposed of In
fmir trims. At half-past one the Court ordered the Crown
Paper to he called on, and several cases were argued and
determined.

several cases were called on, but the gentlemen of the bar
engaged in them not being in attendance, -
The CounT intimated that they should expect thegentlemen
to be ready on Monday, or the cases should be struck out of the
Paper.
Mr. GASEI.EEE asked the Court whether they meant to sit on
Monday (Gunpowder Treason), which, if not a holiday by Act
of Parliament, had been considered and kept by immemorial
prescription and usage ?
The COURT said that the Act of Parliament under which
they new sat was imperative upon them to sit until the first day
of term, if they had business to do, or unleSs there was some
special reason for not sitting. .No such special reason existed,
and though their Lordships were not volunteers on the occa-
sion, a sense of public duty impelled them to devote the whole
of their time to the suitors of the Court, however laborious to
themselves.

;NEER Bus! NESS.—The COURT gave notice that dur-
ing the-next term, anew' the JudgeS would sit from two till fotfr