The Sun.
London, England, 1810-08-14 00:00:00

not move.

" While this was passing, the. Ladies attempted
to alarm the town, by calling limn the balconies,
&c. but they were prevented by the soldiers in the
street threatening to shoot. them. On this the door
of the room was broke open, but ending him reso-
lute, his sword drawn, and determined to defi•nd
himself, they hesitated-, while he calmly argued'with
the Lieutenant Governor. In fine, after some hours
parley, the latter' repented,: dismissed the soldiers,
and asked pardon. A coach was waiting at the door
.to carry ott the prize.
g. Mlle whole affair was condueted so quietly, that
it was Unknown until 'next mort,lng, when the Lieute-
nant-Governor and the Commandant of the regiment
employed were arrested. The Laity Mayoress was
ordered to the Mis.trlcordia ; but on the intercession
of Mrs. VALCARdEL, was conhned in the house of
the latter, and still remains there. The lour me'i
before mentioned escaped. The Alcalde was in
Hijona, waiting the result. This arTair has caused
much sensation here; trie guards have been doubled,
and strong patrotes parade the streets during the
night."

" TARRAGONA, JULY 1.--,Tne many fortifications
which have been made, and are still eretling round
this town and port,. will protect us' from the petty
and depredating assaults of the French, and as it is
the unanimous opinion of experienced military men,
that they cannot lay regular siege to it without the
powerful force of 35 or 40,000 men, while their
disposable fof,:e at' present in this Province is esti-
mated at only 13,00 u men, t repeat this port as per-
fectly secure, and vessels may wiih the greatest
safety come here 'dired fiotn your Plane, without be-
ing obliged to call at any intermediate port for in-
telligence. 7

The vast amount of the losses sustained by the.
French armies 'in Spain and Portugal may be toler-
ably
.estimated by the following tarsi :—A Qentle •
man lately returned from Paris, saw the Bth corps
of the French army, (one of those granted to Mas-:"
sena to makeup the 70,000 additional troops re-
qUited, by that General,• previous to his taking the
command of what is called by the French the Army
of Portugal), pass in review belote Buonaparte. Ir
passed in at one gate of the Thuilleries, where Bho-
naparte was, and out at the opposite one. It form=
ed a complete army of 40,000 men, of which
10,000 were cavalry. There were two divisions of
ithotry of 15,000 each, with all the adjunCts of a
train orart-illery; pontoons, bread-waggons, and those
various troops of sappers, artizans, &c. invariabty
attachee to the French armies. Buonaparte was so
minute in his inspection, that when a particular
pontoon came Up, drawn only by four horses, the
lest of fuo.rteeu, in all, being drawn by six, with
led horses to each, he immediately halted the corps,
and asktd the cause of this deficiency. He was
told that one horse had got lame, and that his com-
parlion had been taken away with him. " Then,"
said Buonaparte, " let the deficiency be supplied
from the led hirrses ; that is the use of them." This
teas aeon dinghy dune, the match was resumed till
the whole' passed under the eye of the Emperor.
Within two mouths, however, this corps, thus lull
and complete in every particular had suffered so
much by want, fatigue, sickness, and desertion, in
'the bare march into Spain, that in the first return -
sent to the Vv-ar-Office at Paris -from the frontiers
•of Portugal, its effective strength was stated only
4.3 I ,000,--making a deficiency of 9000; and sub-
sAtiently,•when ii ananctuvred between Lord Wel-
army and Ciudad Rodrigo, it was rated
only •at 26,000.. Allowing a ..reasonable de:tut:lion
for detaciueots, &c. (though this being a fighting
corp..; intended for field service, it ‘4ould of course
be as little as possible diminished in that-way), there
would. be a reduction of a lull fourth twin the
original strength.—Allowing, however, that the re-
mit] of cotNatc•scents may make up a considerable
portion of this deficiency, yet, when we consider
• that this corps had left Pal la only three months be-
fore in a perfect state, and had not fought a battle,
the instance presents a portion of a mass of loss, not
less astonishing than true. The French snldiers do
not hesitate to avow that they consider Spain as
their grave'; their march to that country is looked
upon by them as a procession to execution.

A. letter rece'ved in Ireland from an officer of the
14th, &red Fuertade Concepton, July I I,- tnen-
`lions that the 'body of Colonel TALBOT had been
Lrought its and buried with military honours..

i;
, ) : ,

-

w

T

I

L4W REPOIiT.

COURT OF CH.\NCFRY, AUGUST 13.

•
EX PARTP. ISLUS'TER, IN r E 'MATTER Of, ASHLEY.
i; Thc,y)3s applit_ ion f r -liberty tio Prey:: ii-debt
of 400'. un er the on. It appeared that
the back.,,-1 wAs the'acceptor of a btll, ut ek6l)llllg.e.
for 40W. ,!rayvti on fii,9 by -a-pet on of the uarne of
• Bei!, hf wi;opr- it incidried to th petitioner;
but wittiout indorsing it, paid
it ro -person-of the name of, McCollum, in whose
possession it was at the time the commisiion was
sued out. The .petitister, after this, rt.-;p lid 'the
money .tO M'Cullotn, and. received back- tram him
the hill, on Which he clanned to be all,.).wed toprove
under oiecointnision y,,but the 'proof: was
.refused,
on the ground flait, at the date of the commi,sion,
-the pettioner _was nut a creditor of the bank! opt.
Sir S. PioNitta.v and Mr. AOA.7t, in support of the
decision of t OeConioni-sion,..rs;arguai upon- t
berless et 11S ‘;,l):ch -must result from theconnte-
naming of the do,-.tru:e 113 - contuided• fur by -the
petitioner. It the cl:titos on the estate of a bank-
rupt were allowed to-get into other hands atter thie
baukt4iptey, from 'those in which they had been at
the __ate of the coin.nisspri, the administration of
the atrairb of bankrupt ~stAtes would be thrt:wn open
to _every spetles of :laud ataisteonyenience. Let it
be stipplA, for instance, that any one person, at the
perlud of t f pit- re of aL yof the country bankers, of
w horn, unto! tu:palely , they at.presvnt heard so touch,
held tti th atitount or 10001: of their 11. notes,would
it be to: sra :...Irpet son; for the purpose'of de-
pri, u.t ill, country. ha: ker of his certificate-,-by ren-
dering it impossible that he should have the requisite
•
number coucurriog creditors, to parcel out his
among fifty different persons, all of whom
would hay an equal rig; it to objet to the certificate,
and to be counted in Le number of creditors under
the coromtison, although at the iiine of the bank-
ru, tcy tlicoA ere not at all interested in it, and were
only introduced from sdmr unworthy or malignant
motile Ag,tin, if tois rule of roceeding were to
be adopted,. would it not -be in the Power' of ally
holder of a bill who kneW that his,claim against the
bankrupt estate could- be met by a' counter demand,
to put al; encrtotbi7i'plea of
,set off on the Fart Of the
estate of the bankrupt, by Making, over his debt to
some Inend or other third party, in whose hands it
would not be suhje& to any sudb Jr this
w:iy, every set off. an-! indeed every. objection to any
clmnimadeas;ainst,a,b.inkrupt estate, mighC easily
be guarded against. • , _

'

iir.,Coby:, for the petitioner, conterlded that a
claim op a bill of tchange arose to the person i iii
rna eiy holding it agehist any of the other. pAriks -
able to the payment Of the bill," and who triight-be:-.
coma e bankrupt' fibni the peti, d of the'ctirrency of
tl). The petitioner in this use had Paid a va-
luable consideration for the bill, he gave 'it to
I‘l`Ctilitnn tor a like valuable- consideration and
when the acceotor became bankrupt, though he,
the peti.ioner, had omitted to put his name on the
bid when he,give it to Ill`Cullum, he". estil,ern'ed.
himself equally bound to take the bill back, and re 7.
pay tile Vet U blr consideration- he .had teceictl` for
it. In point of equititherefore, as well as of laW,
was.the-present claim justly entitled to be pt'oved
under the cornmibi:on.

. The LORD CHANCELLOR Wag of opinion that at'
the period of the bankrun!cy the petitioner was 'not
at all, interested. in the bankrupt iunds. Th&natne
of the Paitioner was not on.' he bill, so that no re-
sponsibility arising from it attached io dor.
could be. have been compelled to pay it. - fie"migr.t,
while M'Cullutu v. as the holder, have obliged him
te.c.laitit on, the
.bit.krupt :.esta;e, and account to
him for his- relief pro tOnio; but if he chose_ to place
himself in a worse situation by paying.thebill him-
self, the Court cotild not assist him. The paying
away of ihe bill without the petitioner's ov% n indorse-
ment, the Court cottld not regard as a negotiable_
transattion, but only as transaction of sale and pur--
chase, by t‘pielt the bill was sold'out and on
account of Which therefine, no demand could
afterwards be set up against the Petitioner.
however, the Learned Couniel (Mr. Coek) wished
he should allow'a case to be reserved on the stib7
jeCt for trial_iit law. Of thii Mr. COOK accittetl.

EP-rARTE JONES—IN THE MATTER OF JONES.
This was au application on the part of an unfor-
funate Bankrupt. of the name of Richard Jones,
who had succeeded in getting the Commission
against him superseded with-costs, to. have the Bill
of hisAttorney,-Mr. Richard Hill, taxed by Mr.
,Stanley, the Master to• the. former proceedings in
the cause.
Mr. HILL, hi a long affidavit filed by him, stated
a settlement and release to have taken place, but he,
by his Counsel, at the same time, expressed his
readiness to have his Bill taxed, and even to give
up Sol.' besides the-sum to which the Master might
reduce his account, provide& the petitioner would
find security to pay whatever sum more than that
he had agreed to accept
.of should be found due
to him. -
The Bankrupt not being in a condition to find
surety,
The LORD CHANCELLOR said, here there could be
•no question. This was a thing quite of course,.
Mr. HART, for the petitioner, said, then surely his
client was _entitled, an affidavit consisting of 50 odd
sheets having been filed in this case,whieb was stated
by his Lordship to be quite of course, to have his
costs.

The LORD CHANCELLOR said, this should depend
on the result of the question of costs.
ROMILLY ?tor Mr. Hill, suggested that the
taxation of the hid should tie, sent to the Master in
rotation.

.
This was resisted on the part of )he petitioner, on
the ground that Mr. Stanley had already taxed a
great parrof these.proceedings as between party and
party. • .
His tOIiDSHIP accordingly ordered the reference
to bt;,made to Master Stanley. .

+ The Cambridge Assizes commence this day. To
the credit of the county there is bur one prisoner for
trial, and t tiat for an offence of trifling magnitude.

COURT OF COMMOX PLE4S, BUBLIX.

BEFORE LORD NORBURY.

JOHN HITCHCOCK against ROBERT• HAIG.

This' vas an a6tion brought by The plaintiff,
Who-is an attorney, in teci.wer the sum o:-.134.1.
the-a-mount 0,1 a bill of cost, fOr bOsiness done in
his protesion, tor the detctidan!, an eminent dis-
tiller.

Ser?ant. M‘MA.HoN, in an able and eloquent'
statement, laid the fads befhe the Court. He stated
that" the defendant,' Who is a North Briton, had
amassed a large property by hid 'distillery at Dodder
4ank‘;. that for years back there had subsisted be-
tween him and the Commi-,sioners of Excise, a
feeling_ not of the most cordial and friendly nature.
Distillers' were charged with a certain -excise while
they worked, whether they made an adequate
quantity of spirits. or not, and were therefore ob-
liged to work against time, and give notice of the
,comtrienceinent and leaVing Off -Work, and during
these times a Revenue ``Officer was stationed upon
them. The Commissioners discovered, in their,
watch upon, the defend2nt, several affiays had taken
place_between the ReVenue•Orticers and the men in
the. distillery, and the Officers had frequently cam-
. plajned of being obstructed.
On the niglit of the 15th September last, Mr. Mur-
' phy,'a ReVenue Officer; went to the distillery, and a
riot ensued, in which a shot was fired, a dog killed, and
Mr. Murphy
,woUnded with a hanger by a man in the
distillery, who was afterwards inditited and
fled. The Commissioners of Excise, on hearing a
,report oh :the case, conceiving Haig and his men
great aggressors, ordered a proiecution by their
Agent and Couniel against them, for obstructing
the officers; and for a riot and assault, and issued
an order Suspending Haig's license as a•disoller. At
this time' Haig ,Was under payment for duties and
sugars of no less a sum
.than 80001. per week.—
*Haig "'applied for Parliamentary and Government
interference. The Com Missioners also represented
the case to Government. It was understood. the
Government declin. d any interference, until , the
law, to which both parties had appealed (the Coin-
missioners by indielment against Haig's man, and
they by indictment agiiir.t Mr. Murphy, the of-
ficer), 'should ascertain who were the aggressOrs.
The Serjeant Said'he need, tot point out to the Jury
the vital importance of Which the issue of those
questions was to the defendant. He wrote a letter
to the plaintiff; which would be proved, desiring.
hint to Coine to Dodder Bank., He retained him
ashis Attor neY, and insttuded him to retain Counsel
Of the 'first eminence, and accordingly Serjt. Moore_
and Mr. Burton were retained as Counsel. The Com-
missioners of Excise oCeeded by prosecution against
a man of Theban:le of M'Farland, a common i% talk-
ing man in the' distihery, who Was charged with
being most active in the affiaTagainst the afficerS.
He was. prosecuted by the Agenr of the Commis-
, sioners, and defended by, the plaintiff as the agent
of Haig. The result was successful beyond their
Most sanguine hopes : his men were acquitted:on
the first trial, and the Revenue Officers convided
on a second. The order for suspendiirg the license
was rescinded; and Haig-restored to the full exer-
cise Of his valuable trade. After being thus suc-
c ssful, it would be • hardly credited that he_ would
hesitate to remunerate such serious and solid bene-
fits.—The fuel, bowe,et, was, that the defendant
.had not only refused to pay plaintiff any thing for
.his trouble; but denied. altogether that he ever ern-_.
ployed him, and the defence to be set up', this day
was, that he was employed by M'P. and that the
defendant had only recommended M'Farland to
hint as aclient. The Setjeant said he would, hoW-
ever, lay such a train of ekidunce before the Court,
principally in the hand-wriling of the defendant
himself, as would not only satisfy .the ..fury that
Haig was the real party in the case who employed
.the plaintiff, but that the present defence was an
attempt to turn the plaintiff round for . compenSa--
tiontO one not' worth awopence, and whose case
the plaintiff would not on- any terns have under-
taken.

The Bills of Cost had been taxed, and for three
trials; such as he stated, amounted to a sum of
1341. 7s. 9d.

To support the plaintiff's case, a great variety of
letters and papers, which were proved to be the de-
fendant's hand-writing, were produced .and read.,
In the first of them, which was dated shortly Mier
the affray, the defendant requested to see the plain-
tiff immediately at Dodder Bank, on business of im-
portance, which would not admit of delay. In
another; he stated he inclosed hirn a, statement of
the case, and " trusted Mr. Hitchcock- would io
the needful." ,In another, be inclosed' a list of
the witnesses and their residences, with ' directions
where to have them summoned. The others con-
tained various directions and instructions relative to
the business.

The brief ..for Counsel was also produced and ap-
peared to be altered and correded in the defendant's
handwriting.‘ Severed persons belonging :to the
plaintiff's office were called.and proved the defend-
ant repeatedly coming there and giving diredions
while the business was going on, and particularly
that the plaintiff had sent.to defendant for money
to send to Counsel with their briefs, in consequence
of which he came to the Dille, and gave a check
on the Bank of Ireland. Another check was alsO
proved to be given by him for the same purpose. ,

Mr. Pittar, Secretary to the Board of Excise,
proved the business done before the Board, that the
defendant attended as tt e party, and acted as the
prosecntor, and diretted the proceedings, and the
plaintiff acted as agent.
Other witnesses were produced to the same el-
feli.

Serjeant Moore Was called, as a witness, -and
proved that he had been retained by_the plaintiff,
who stated to him that he retained him at the ex-
press desire of the defendant. That he had been
Counsel for the defendant on former OCCASiOnS.
That in some time afterwards the defendant called
upon him. Upon the case, when be (Serjeant
'Moore) returned him his thanks for the preference
which the plaintiff had told him he had given him,

and the 'anxiety he.had expressed to have hut its
Counsel; the defendant gave-'him insiruetions. upon
the case, and be:d a long consultation with hidupon
the subject, and stated that he had been oppressive-
ly treated in the transadion, and pari•icularly by she
withdrawing of the license, and decla!ed his deter-
mutation to follow up the busine:ss am) seek redress.
Sr_ljeant Moore stated, that be con;itaCteti the c;ise,
which was suCcessful, and that all through the tusi-
ness the defendant acted as, the principal, and that
no doubt could be entertained that although the
nominal parties were Mr, Murpl.y' and Mac' Far-
laud, the:real parties were the commissioners of
Excise and Haig.
Mr. Burton stated the defendant's case with great
ability, and- insisted that the defendant-bad made
himself in no way liable to pay this demand. That
he had interfered only with -a desire to have justice
done to his servant, and although his interference in
that' respect was an anxious interference, yet it could
not make him. liable to pay the co4s. '
Mac—Farland. was the real party and the. real
debtor, and althoUgh Haig did advance money upon
the occasion, yet he, only. did so on account and by
desire ,of his servant, and he tad charged it to his
account. The debt being contra Ne- by Mac Far-
nothing, he Contended; but kspecial under-
taking of Thedefendant's could make hiM liable to
pay, andno such thing had been pr.pved..
Bac Farland being -called, said, that he was
a•stillman of Haig's ; that 'he was the person, who
had the affray with Mr. Murphy ; that he was the
person-who employed the plaintiff, and was to pay
him ; and that Haig had never empk3ed him ; -that
the money paid by Hatg- was charged. in
,a book to
.witness's account; .that Haig-had , never employed
or retained the plaintiff, and that he,' the titfess, .
had about a fortnight ago gone to the plamtiff, and
told him that he made a mistake in charging Haig;
that he, the witness, was the person who- em-
ployed and was to pay, him, and offered 501. fur a
receipt. •

On his cross-examination by Mr. H. D. Grady,
he said he had lived with his 'countryman Haig,
since he left Scotland, nine-years ago. That he
-had a salary of a guinea and a halt' a week, and
had a wife and five children ; that the 501. he of-
fered plaintiff was in National Bank.No,es, and -that
they. were not given to him by, the defendant for
the purpose. On being pressed:as to .whom he got
,tlie-rrfoney from,. he said front one David Hender,
son,' ako a North Briton, and a clerk of Haig's ;
that Henderson owed him the anoney for diet and.
lodging; that he dieted with hirn. at 14s. Id. per
week, and owed him ex.ably 501. arrears -at this
time, and which he gave him in national notes.—
He denied that David 1.4,-nderson was imported front.
Scotland with him ; -and denied that the 501. had
gone back imo Haig's pocket; that
_he had kept it,
ever since without laying any of it out, and ,had it
then in his pocket.
Upon being pressed,' he produced the. money,
which upon examingion appeared to- be- in
Post 13:1;1s, payable to Robert Haig, and endorsed
by him.
Further proceedings in the defence were
,bete-
upon relitrd.hed.
Lord Norbury charged the,,Jury in but a few
words, saying that it they believed the defendant
employed the piaintid,' he ought to pay -him, par-
ticularly as it appeared he had the full value of his
,services.

Tirey without hesitation found a verdict for the
plaintiff's full demand. •

Extract of a letter from the. 'Plantagenet off the
of Hann, July
" The Admiral, I believe, intends staying here
during the hummer ;it is t miles from Carlserona,
and convenient to a town called Urlshartni, from
whence we are privat,elysupplied with freih beef by
the Swedes. The weather is very fine ; summer is
only beginning. We have been.cruising off ads-
,ci-oria for three weeks, past. The Swedes will .not
allow any British men of war to enter their-hat bours.
There are seven sal of the line at Cirlscretia.la-ying
in the harbour ; to prevent an access to N.Vhich,
they are getting a boom across the entrance ;' ihese
ships have their lower masts, lower 'yards across,
with jury,and 16p-gallant masts, and are -only half
manned."

•
During alate overflow of the Ganges near. Hund-
war, three fakeers, who came for the purpose of
performing their ablutions, were washed away and
drowned-a circumstance considered by their bre-
thren as an especial. Mark of Divine favour, and 'ce-
lebrated accordingly.
• •
Dr. BELL, Pre,bendary of Westminster, has trans-
ferred the sum of i.5,.2.601", Three per Cent. Consols
to the University of Cambridge, for founding eight
new scholarships.. ,
A Medical Gentleman, of the nameOf Cow AN,
has, under the patronage. of. Lord CALED6N, Gkyer-
nor of the Cape.of ,Good Hope, undertaken to ex-
plore the colonial boundary in 'the North-east direc-
tion. He left the Cape in September, 1808, at
crossing the Orange River, was on the 24th of De
cember in lat. 24. 30. lung. 28. His substg tent
course would be .snore northerly ;. but his lliti nate
object is
_to gain MOsarnbigee, or one of the Portu-,
geese Settlements on the Eastern coast.
An affray; which , threatened dreAlfol ,conse-
quences; °cc:fired on the Ennis rice-course alter
the amusement had concluded on Friday se'nnight.
it appears. to haye originated in the identity and ap-
prehension of a deserter belonging to the North
Cork Regiment, whose 'rescue; on the -circumstance
being known to the country people, was instantly
attempted, by commencing a root violent . and in
furiate.attack on such of the,soldiery.b longing to
the Leitrim Regiment' as had been on the -course.
The tumult soon, assum,ed. an opi;Oaranco alarming
and terrific; but (on- the arrival of the Leitrim Mi-
litia, and a party of dragoons",, from Ennis)through
the assistance of the Ilagistracy, and the Officers
who had, the command of the, military,
was effeaed, and several of the most aeive of the
rioters were taken into custody. - We have
heard of any lives being lost, but several wete se-
verely hurt.

SNIP Njl97S.

GRAVaSiND, AuGusr

A rrivect—the. Ado! nhus, Folks, limn Quebec; and the St
Jacs, Oleverea, from the Brazils.
'Sailcd—the Surry, Gillespie, for New ..Proviclende i
mcrick Packet, Lane, • for Limerick 1-- Zeph::l;
Sr.. Nicholas; - lZaifger,' Brov,n, Queb.c falcuii, R°.
hells, for tamaica I,Hannali, Pert, for Bahia; "Exi)oriat,"l,
—, for Cadiz ; and the New Galen, Stedman, for Botron•