The Sun.
London, England, 1810-08-11 00:00:00

ePORTI:A7G 11VTELLiGEN0g,

NEWCASTLE-UND.,ER7LYME RACES.

TuEson,

A Maiden Plate of 501. w..lOir i6t• age, the best of three ;-
mile he.its.•
Paimeiis w. Mayflower, s yrs old
F; I‘"elfi' gr. t. 3 yrs c,ld•
Mr. Carter's b. 1. 3) rs -
the Earl Wilton s Gl Cup
lietettiee of h
.4gs. one -mile hear.
! bo
ng," oj.is l 4
Mr. tgetton's Cestrian, 5 yrs
old old

W,EDNILSDAT.

The Members Porse of g,l. weight forage.
Mr. R. Speacer'o bti by l'arvula, 4 ts'uld' - Mr. Stanley's b. c. Sapphire, 3 yearb at - Mr. 13e1l's hdgeford Lad , - -

I y
3 '7,
3

J z

HUNTINCDON RACES.

2 2
bOliCd

tosfsoAtr, Atm. 7. • The first year of a Sweepstas.es each, fns 3yr old
carryingost. 91b. ;4 yr olds, Bst. lib. ;5 yr olds, 86 yr olds, 9sl. ; a,la aged, gst. 2i.111116:, heat.
Gen. Grosvenor's b. in. Chrysels, 4 yrs old
Sackvilles.g. h. Snail, 5 yrs old
Suilield's st. Acutina, by Eagle; 3 yrs old - - a
Mr. Cave brown's h. Demagogue,3 5 yrs old •
The Porthohn Stakes of 25gs. eaCit. For 3 and 4 yrs 01,1; 3
old, to carry Bst. ; 4 yrs old, gst 61n. lo:ses that hare
• won one Plate, or Swee!,staxes, tilt; to carry 51b.
tra, it mute, 711). allowed 21b..
•
I.clSuflield'.s b. 1. :Aquilino, by Cagle, 3 yrs old -
Ld Sallow:tell; named Ld.hkinoninbruKe's-i-..l.:enseric,
• 3 yrs old - .
Five horses out of the se_ven_that were catered to.- toe
Sweepstakes star h:d. —A good licit .I.retweencra aoj,
Snail; attil ‘wim only by a tial Aquilutt inade
'nay, and was beat by only hail a length, •
. ,
wxoNtsoAtr.
Ilinchinbroke
ne se..ond year of a Sw,ee
stakes ut 2.5g5. edict:, 15 .;s. torreit. Thee..yrs oin 2st. 4.01
olil,Est. 410. 5 yrsQd; hat. 124,. 5 yr,,.t>laudzse,cd
,The winoer tit the rob. Stakes on tit: first day parry 61b:
extra
Fleteher'i c. c. EsculaOus, 4 yrs old
La S utticld's b Aquiliri, by La•4l,: 3 yrs
Gen. rrlsvenor's b. In. 1/4. 'lf) S.:is, 4' old
rs old - 3
Ld Hincltraproke's c. Co,dray; .3 yrs old • A Plate of col. for 3yr old•co4s, to carry Est 71b. 'h. lies
410. —The winner of a ?Lie uf Sweepstakes Carry 41(.:
extra, if 11,0 re, 610. and tr,c winner ut a Jtvet'pst..4,:s
lu
tins week to carry 'JD. extra_- i wo-mile.neetts.
Mr. Pr.ince's cit. G. by Don Q.iixotic, iyrs old; .
Est. lab. - • -
•• 2 I
Ld HinGhitibroke's b. c. Genseric, 3 yrs vtii Bst.
710 -
Grovenor's•cho lAt y Me.. I
ionia, 3 yrs old, b
teor, Bst Slo.. r • • 7 e . a• 33 3
The Sweepstakes'. 'Afforded mud) - sport, to the
amateurs, and the pnz was most ably contested
bet weer Esculupius, iiqUilitza, and Clayseis, abd
was won with uidiLtilly by the former, whith being
a strong hone, curried off the prize, more perhaps
from the extreme swampy state of the ground that
button),
The best race that has Leen seen here fo'r a con,i-
derable time now•look place for tilw Plate--,,Genseric
'won the first .I)eat, a,
,It was supposed, easy ; and.
odds were much in his favour at stating for the se
cond. Fur nearly half a mile (prior to their coming
within fifty yards of ihe Winning po,t), they were
.all, neck and neck, when Clift, who rode Ahtonitz,
polled up, and the heat Was won by a neck by Di, a
Quixotic.
It was nottr suspe6ted. that there would certainly
be four heats, and at starting for the third the whose
made play as well as they were able, Genceric lead.
ing. However, nOtwititstandi-ng the snperiority of
Chit's riding,: he was compel;ed to yield the palm of
victory to Dan Quixotic, woo Only beat Genseric by a'
length.

-
An Inquest war held yesterday afternoon, at the
White Horse Public-house at Knightsbridge, by
ANTHONY
.GALL, .E!,q. on the bo.ty of Mr. Robert
Greur, a Gildsinith, residing at Mr. Cheeseman's,
at N 0.7, Mansfield-plac:-., Kentish Town, who
shot hi ,itself on Wednesday morning, at the Coach
and Horses Pitblic‘house, in Mount-qreet.--The
first witness called in was .Mr... Francis, the laud-
lord of the. house. He stated, that on Wednesday
morning last, about ten o'clock, the deceased came
to his house, and inqUired if they had got a private
room; he was strewed iuto the: back eariour e
Aced for
,a pint_ of ale ; on be, landlord's bringing
it, the deceased asked- the witness: if he knew Mr.
Reynolds, the painter, in..Mourrtosstreet, as he want-
ed to speak to him: The witness-went •to Mr.
Reynolds's, and told the-maid-servant a Genilenvin
wished to speak to her master, and he was at his
house, the Coach arld.Horses. • The servant return-
ed, and said her master was putting his coat 00,
would wait on the Gentlernin immediately. 'The
witness returned,_ and was addressed by the deceas-
ed, who said, ". Ha.e you been there ?'.' I,Vess
answered, '" Yes, I have been. To, •which t},
deceased answered, " It is my own tault-,1 do not
blame my daughter, nor blame any body whatever;
but the. t..ult is my own." The witness perceived
him ye y much agitated, and was much surprised at
such strange talk. •He left h:.n, and went into ;hr
privy; instantly the witness heard the report o!
pistol ; he went back into the parlour, which he
found full of smoke, and could scarcely see the de-
ceased, who was sit:ing on a chair. Witness was so
much alarmed, he mistook "the door, and when he
got,out, he ran to.Mesys. Jor.ei and Pr nchard, Sur-
geons, in Mount-street ; they not being at home,
one of their assistants cattle, who said he would be
a man. He was conveyed to St. George's Hos-
pital, where he died at half past lour o'cioek 3 es-
terday morning.
The House Surgeon being next sworn, .said, the
deceased was brought JP the Hospital about eleven.
o'clock on Wednesday morning; from the state be
was in, he h:id no hopes of his recovery. On
examitiing.his wounds, he found that a pi,u,l bait
hid beet, discharged under the right jaw, and had
taken . the left eye, completely out—he was coiiti-
drnt it occasioned the deceased's death.
'Sever I other witnesses were examined : one Of
them produced, the, deceased's hat. rim of it
was split by the. ball, which was 'pooduct d,
as flat as a haltpeni-y, as it rebounded to the cieling.
The Jury returned a verdia of Lunacy. • The dn-
ceasei has left a wife and family ; one of his daugh-
ters, a beautiful girl, -16 years of age, cam to the
Coach and Horses on Wednesday, to ascertain the
melancholy circumstance. Mr. Reynolds was bro.'
ther-in-law to the deceased, vt,, was a Swiss.
A barrel; containing 4110 guineas; was sei2ed,
few days vocr, on bo,rl-an cutward-bound vkat
by a Custom-house Officer.

LAW .tiEPO.IIT.

• COURT OF CHANCERY, Auc. 10.

CeDD.RIN(iToN V. SIR P. PARKER.

.
This was an application for the appointment of a
- Receiver overan estate in Antigua, of which the de-
- tendant_was mortgagee in possosion, and the plain-
t iff•was the second mortga-gee. The plaintiil rested
his application on the ground of improper-manage-
ment on the part of the person in Antigua, acting
for the Mortgagee ih possession. He was a person
.of- high respectability, being the lion. Rowlandl3nr-
ton, Chief Justice of the Island, but even his ho:d-
. ing that high judicial.charaoier rendered hint not
the. most eligible 'perSon to ac.t as manager cif
Flantation in the island.; besides, Mr.'Burton him-
• self was the proprietor of the negroes, whom be
employed on the.plantation. Of course, he, in this
respect, combined .in his Own 'person .the incon-
sistent 'diameters of manager of a plantation, the
work of which it was his duty to 'have done at the
least possible ettpence, and of proprietor of the ne7
groes,‘ who were, to'do that work, and- for whose
labour it, was. his interest to procure the best possible
price. \ln addition to all these circumstances, the
-manager in Antigua bad not given in his accounts
sit,-e the year 1800, and the;,affidavits for the
plaintiff went to charge that by proper ma-
liaoement the whole debt due to the defendant
ought to hive been paid,- whereas, by di,: present
management, both the plaintiff, who was the se-
, 'cond mortgagee, and even the defendant himself,
though in possessionovere in danger 'of'losing their
. , debts.- This application had lain over for some time,
to enable Mr. Burton to make an affidavit as to the
-balance atttfally due to the defendant. This affi-
davit he had now filed, and it bore, that to the best
of, his knowAedge _and belief, from all that he had
been able to see of the accounts,. there was a ba-
- lance due'to the defendant at March last,, of .1 c,40.. 1
To this affidqvit the Counsel for the Plaintiff
jetted, that it-was not satisfaaqty, as h proceeded on
the sheaving of, the very accounts, :which the plain-
' tiff complained of as being ineorre6t. Mr. Burton
had in.. his affidavit,' carefully, avoided taking any
• burden on his conscience as to what was the Oual
state of accounts between the estate and the defen-
dant.
. .

For the defendant, it was contended, that the af-
fidavit of Mr. -Burton was quite s4tisfa4tory ; and•it
was an established rule of the. Court, that no receiv-
er could be lei in on 'a mortgagee in possession,
where it could not be shbven that he was already
fully paid, or unless where a tender of the'sum due
to hire was ma:fe.
The Li,eD CHANCELLOR laid it down that a re-
ceiver could not be let. in
,on a mortgagee in pos-
ses;ion,, whose claim was not fully satisfied, provid
ed the mortgagee or his manager, regrilarly gave in
their accounts. Where this was not the case, how-
. ever; the Court' had a right to interfere. There
were particular features in this case winch could.
not enter into his Lordship's consideration. It was
nth for
.hini to judge of the delicacy of a Chief
-Justice in . beCorning the manager of an estate 'of,
" the kind ; or,. of the delicacy of his employing his
ownmegros,.ll) the cultivation of it. There,.were
cieeudistabees which might cause-particular items of
the accounts -to be_ more solely looked into ; but
. they could have effe& on his present judgment.
:All he had now to look to went to these points ;
',bad the accolnts been 'duly rendered, and, was the
affidavit 'due to the defendant satislatlory ?
,With
the view of_satisfying himself on these,: heads, he
should look into the affidavits. 7

FIELD V. HON.

This was an action for pulling down the plaintiff's
pew in the varish church of Chesham, and disturb-
ing him in the enjoyment of it. It appeared -that
the plaintiff lately came into the parish, and wishing
a pew, took a'fancy to the singers' gallery, and with
the assistance of the Vicar and the Vicar's Church-
warden, but against the consent of the singers and
the most respectable inhabitants; inclOsed a part of it
to his own use. The singers, displeased;• left the

- church, and the greater part of the inhabitants fol-
lowed their example. The Archdeacon, at his vi-
sitation, ordered the pew to be restored to the sing-.
ers. The plaintiffs add his friends, the Vicar and his
- Churchwarden, refused obedience, and surreptitiously
obtained a faculty for the pew in question from the

. Vicar-General's Office at Lincoln: The Arc!idea-
'con declared Such:faculty was invalid in his archdea-
conry, except it had been granted (as it was not).
during the Bishop's inhibition, and he determined to
hive it recalled.—The defendant having- more zeal.'
•-• than prndence, knowing there' must be great delay.
in the proceedings to annul the faculty, took the law
into his own hands, and pulled down the enclosure,
and the plaintiff commenced his action.
The Judge was of opinion the defendant could
not justity,what he had done; but as the. plaintiff
had no title; except on his faculty, the point Was
sailed Mr the opinion of the Court of King's Bench,
whether the ViCar-General could thus invade the
Archdeacon's jurisdiction ; -and till this question, is -
mottled, there, remains no harmony in .the parish of
Cheshani.—Damages, 81. subject to-the opinion of
the Judges.

GRUTCLILLY V. 'FRY.

-This was an application fur an Injunaion, restrain:.
In; the defendant, who had been in parMershiP" with
the plaintiff, as an attorney, but whO hadolterwords,
and
,previous to the final dissoltitiOn, transaaed
busi-
ness in his own individual, name, from receiving any
monies due to the co-partnery concern, or from set-
thug or compeomisi%any claims in which they were
interested.
. .

The LORD CHANCELLOR• granted the InjuhaiOn,
the Rule to be served immediately.

COURT OF KING'S 13ENCH,!Auc.7.

BELT. V. SLOE.

This was an action of Trotter brought by the
plaintiffs, who are the Aigtiects under a Commis-
sion of Bankrupt, taken out against.a person of the
name of Andrews, who kept the Royal Oak Public-
house at Brighton, :to recover a Deed of AsSignment
of the Lease, &c. of that House, granted by An-

LONDON: Printed by RldliAl
At the SUN.OFF,

Brews to the &fen:lm-It-, and charged to have been
tnxte in fraod of Andrews's Creditors. • • '

From the evidence' it appeared, that .Andrews,
having quarrelled with a neighbour, who, in conse-
yienee of his tiring a gun at him, had threatened to
have hint indicled, found himself unconifortably
situated at Brighton, acid was deterrnmed.to leave
that place. He accordingly entered hit,red into an
agteeruent with the defendant .for the lease of his
house, purchase of his stock, &c. at the price of•
800 L The one half of , the shin he rvceived from
the defendant, and with it quitted l;righto>•t; but the
other half he left v,rilt his Wife, to s'atisty any de-
mands be made against him., Shortly
after this transaaion a Conainissi'ut of Bankraipt was
taken out against Andrew,, and the deed Of assign-
ment vitas now claimed tote deli,ered having
been granted for the purpose of defrauding his cre-
ditors. '

For the defendant it was ccntend,,d, that AndreWS
had not quitted Brighton trout emharrassmenis in hisT
circutustance:,,fint trout mental inquietude. Neither,
however,. was Andrciws 'a trader
rw it him the nfean-
ing of the Act. The only acts of trading, beyond the
retailing of beer, &c. in his house, proved On 114
trial, were, his having on one occasion ' sold two
bottles of brandy for the use of Mis.-Fitzherberes
family ; and on another occasion, two bottles of
wine to some oilier person.
LORLELLENBQ36IGIi was by pp means satisfied.
that the deed of assignment could be Conceived to be
a fraud on the creditors. lt was., on the conirary,M
transaction which seemed to hai,e been gone about
With the utmost deliberation and openness ; nor,
did it appear that Andrews had left debts which the
401. in th...! Imi-ids of his wife would not be Suffi-
cient to discharge. As to the fact that Andrews being
or not being a trader,. it bad never yet been detur-
mined, whether the mere cireurn,tanee of -a publi-
can's -sending out his beer in pots, rendered him
subject to the Bankrupt laws. If therefore, the
Jury were of this opinion, and built their verdict on
that ground, they would please say so, that the point
might be reserved for the consideration of the Court;
As to the sale of the two bot!le;of brandy; and tkt o
bottles of wine, these Were solitary instances, and,
as such, could not be taken as evidence of a regular
trading, unless they were proved
..to be part of a
system or train of .similar dealings, which they clai
not seem to be. If the Jury, however, thought that
this circumsta'nce, or the sending out of potter in
pots, constitutdd such a trading as rendered Andrews
subject to.the Bankrupt laws, they would .say so;.
and if they also, thought that the deed was fraudn,
lently granted, that, in itself was a sufficient sa of
Bankruptcy; so that , all these circumstances being
conjoined, they would find for the plaintiff. If they
were unSatistied on any of these points they would
find for the defendant. s

The Jury round for the defendant ; stating it to
be their
.opinion; that the sending out of beer by a
publican in. his pots, was not such a trading as sub-
jected him to the Bankrupt Laws.

COURT OF COMMON PLEAS, Av.:. 4.

JOHNSON V. BARKWAITH.

This was an a&ion brought by the plaintiff, the
owner of a boat called the Gurney, of ten or twelve
tons burden., against the defendant,, the owner of a
sloop called the Stranger,' (or the ,value ,of
Plain-
lief's boat, and 43 hampers of crabs and lobsters,
which it was conveying from Cromer, in Norfolk,
to the London market; all of which .were lost by
defendant's vessel running foul .of and sinking the
boat. .

It was stated -by the,master of the frshirig-boat,
and a young man who was on board with him
when the occurrence happened, that,.on the morn-
ing of the
.29th of April; as they were sailing
through a part of the river called the Swin, right
befor.e the wind; they observed the defendant's
sloop to windward of them, and to windward of
the sloop was a brig. Seeing the sloop coming
right against the boat, the master called out to them
to port the sloop's helm; instead of
.which, they
carried it to leeward, struck the boat in the mid-
ships, and sunk her.
The master of the boat, who had a wooden leg,
not being able to jump aboard the? sloop, was left
clinging to the mast for nearly an hour, in immi-
nent danger of. his life, before the 'slOop's boat was
sent to•save him. It appeared that there was suffi-
cient sea-room for' the sloop to have avoided the
boat by going either to leeward or windward,
The Captain of the'. Stranker, and the Captain of
the brig which folloWed her, attributed the mis-
fortune to the helm of the boat, not having been
starboarded, which would hdve carried 'her beyond
the reach of the sloop ; but that; on the other
hand, the sloop's helm could not be ported, with-
out being run. down by the brig';'and the latter
could not alter her course without. running on a
sand-bank. .

-It was held, hoovever, that -a-vessel following
another, and gaining on her, had a right so to shape
her course ag to keep clear•of the foremost svessel ;
the onus of keeping clear of each other should not
be left on the leading ship.—Verdiel for plaintiff,
1421. .