The Sun.
London, England, 1810-05-11 00:00:00

of time, andannt merit, was the fewidation of this to. reply to that charge. It had been stated by-the
•
• right was never acquiesced in. There was, there- gallan't General that if any officer in his regiment
'fore, no ground for Parliament to sanction the pro- had conducted himself in a similar manner with Cap.- -
- dudion of these papers; above all, he hoped that tarn Foskett, he should have thought it' his duty to
the Hodge would not be established as a place of ap-, - i
peal for the Army. In refusing the production of neral know that Captain Foskett had desired a
-these papets,• he was convinced he would net so . Court-martial upon his conduct and had been re-
much incur the displeasure of the friends of Captain , fused ? 'With respect to the House not interfering
I~oskett, as that of the illustrious personage and the with individual complaints from officers, why the
COmmander in Chief, whom he would prevent from a House Certainly within :the last few years,. had ,not
obtaining a Com j plete usti,fication. - ' • - much trouble of that kind ; very few cases, had a,: LAN
as V. SAUNDERS. 'Mr. ABERCItoMBt said, that• it
.was impossible come before them. Captain Foskett had m ide 'a pa This aCtion was bee
by kr. Landfried, a
.for the House to take any step inconsistent with its, plicatiou to his merciful and lepient-Coainatider as. respectable Thidesman in Craven Buildings, DturY-,
' . charamer ;it ,rather would be his duty to consult his Royal Highness had beeo termed, and what el- I lane, a;gziinsfyoung -Saunders the Equestrian; to re-
the safety of the Army by not countenancing- such feet had that application prodoced ?,.. He had pre- cover 131. and upwards, for lodging.
Measures.' •However lie admired the Weer), efpro- , seined a tetition to the House, but they had refused, - Mr. Serjeant BEST, Who stated the case, said he
motion by seniority, the pradice be believed ,-, :he ' thhtigli they allowed the patitioti to lie on the, table, did not think that Master Saunders, would ride off
injurious. The coarse be should have. :• • - ,ed to permit him to prove the truth of _the allegations on this ocCasionvk;lili'the applause he had been -ac-
- would be, to stare to the House the v. ' is- Aega-,7 contained in that petition. ,He had been condemned - cuStotined to receive at the Theatre.—The action is
tiona of the officers on this stabjeO, and , then •have as an officer, as a gentleman, and as a mare by the brought for ledging(said time r eat uud Serjeitni), and
moved resolutions against the responsible person. gallant. General, without behmgallowed to answer that he says he is not bound to pay, because lie was an
11 the statements of the petitio9_ on the table against condemnation. The Hon. Gentethought'as.Cap' t. 1 infant; but.ailthough he was an infant, he is ari-
the Duke of Cumberland were true, liebroken was certain- F. had been sounmercifally• on the wheel, swerable for necessaries. Ii will not be a question
ly deserving of censure.- The House should observe - the_ least that the House could do wes;to give him the whether .a person: ought to be paid .:%'vho supplies an
the situation it was in. lf the system of appeal was `opportunity of defending himself; and thereeee he infant with a bed. He is a young man of Merit as a
encouraged, it would lead to injurious conse- , (Mr, W.) should-vote for the-motien. rider,, and when he- hired the apartments of, the
qimences. . . 1 The CHANCELLOR of the EXC;HEaUEE observed, ' plaintiff', be contracted with a very respectable man,
. .
Mr. Lyretterak, in explanation, staid, that. he had : that -when a charge of 'systematic oppressierr was . Mr. Astiey, to perform at his Theatre. He was
already stated it was not hisaiutention to make-a si- made against his Royal Highness- the Osike of ,to have fourteen-pounds a Week, and if he can earn
nistee use of the papers. • Cumberland,, it. was not surprising .that .it should : that sum,' lie ought to have a decent bed to lie, on.
Mr. MARTIN supported the motion of his pc- provoke that; which was. considered a fair aoswer i There can be tie question whether the rooms Which
: . ,
Pourable Friend. The charges exhibited against to that charge. If the Hense had been in posses- , he hired were- fit for him. He was not by himself,
the Commander in Chief Snould :be eisher..Substan- sloe of th'efacts, of which they were'fiesw in pot- ! but had a cltere untie; ' Till's was a 'Lady who ap-
tiated or falsified. As the House had received the ' session;, when captain Foskett's Petition was pre- ' peared to be-his wife, and when she was found out
petition, he did riot knea.vilow
_it could refuse the sented, he thought they would nut have, allrAvedit :- to be so, we got rid of her. Mr. Abraham"-Satin-
papers now in question, and on -this principle he gave .to lie -on the 'table. When he said this,. he by . tiers, senior, sent his carriage, and took the Lady
his vote. . ' • ! no means went the' length of those who contended, out as his son's wife ; . therefore, if you find the
. . General CEAwECED opposed the production_ of . that no military abuse ought to be biought
_before i father -sanction 'this conduct of his son, you will
the papers, on the ground of the-whole pretending Parliansent. " With respect to the two distinct allege- i find your verdiet for the plantiff, as Imo is a respect-
' franght with danger. :He, was perfectly eon? i tiens of Captain_Foskett.'s Petition, Captain F. had I able tradesthan. • -einced•that the Mike of Ctimberland and the Com- ' adpaiesced in the judg-nent upon them, and.had not ' Several' witnesses proved the plaintiff's case ; but
'Pander in Chief had no objection to their being wo- PPPealO from that judgment to his Majesty. lie iit appeared, on then cros-saexamination, that Young
ducecle,but he must net ert heless object to their :pro- therefere opposed the Motion.
: §,tundvas was under the-protettiop of a Mr. Young,
duetioil; feeling .as lie did; that the more detailed The Hon, Mr. Wattp- and Mr. ABERCROMBIE 11- his guardian, and that lodgings.had been provided fOr
the more .objedionable-Would the question - appear. explained. •
•' ' •
.1 biin at the Red Lion, in Tetteitham-eourt-road, when
Admitting these fads alleged, what then was want- I , Mr. LOCKHART contended that 'Captain Foskett e he hired the premises of the .plaintiff. It also ap-
ed with_ the papers ? The only cause which appear- ought to have tried whether the Ceurts of Law • peared alit the plaintiff had been warned not to re-
ed was, that a clause of the Mntiny Ad had: not would not issue their mandamus to the coma a ceive the defendant, by .his guardian, who
been observed, and gaieVaracea proceeding front the mander in thief, 'to lay his iVlemorial before his to be answerable fe- the lodging. .
Duke of Cutubeiland, formed the foundation of all Majesty. . . • 1
. Mr. Serjeant VAUGEIAN admitted that the delete-
,
the complaint...7he first part of the petition cum- i General LOFT opposed the Motion. • dant had occupied toe preMises ; but the defendant
plained of his ,not being promoted, but it will ap- Mr; Pp
made a short reply, in which he ; was not ninateen (said Mr. Serjeanf 'Vaughan) at
pear from ehe authority of Colonel Seymour that j expressed his confidence in the ,innocence, merit, ' the time, he took these apartment,. My Learned
Captain Foskett was not at all fit for field ser- • and honour of Captain Foskett ; and again urged, Friend has made some alloaions on the moral cha-
iice, which statement was corroborated by.Colenel . both in justice to that Officer; and to the Duke- of ratter of the father; but I will shew you that the
Grant. If thitigi were so in 1808; it-is not likbly ", Cumberland, the produe•tion of the documents for fither had provided suitable lodgines tor the young
that they were better in:18-06, the time of which e which he had moved. , man, to prevent his lallieg into bad company...-.
Capt. Foskett complains. - . ,He 'next talks of baing ; On a division there appeared— - - When the defendant w'as asked 'what he wanted
refused leave of absence,' but on_ this point it aw Ohne 1 for the motion - .8 apartments for ?he said l'o keeiecny Molly in."
- Against it - , • - - 114
found that a . kw _ months before he had' obtained i .
' Under all the circumstances, he contended that the
Majority - -
• }cave; and it was bd.( fair that other Officers should _ a , .
Jury ought not to sauetion,- by their -a erdict, the
brought tire, R rt of
mr.eeseteeTta,up se, . ep,o the
have their turn before he could again 'obtai:4 it.—
, .
Committee of Supply. The Resolutions (respect- - I Sir JAMES . „
daintiff'a conduct.
This was the reason he was thee refused. He now '
... .
Ein the Army 'xtraordinaries) 'were, after a she: t ' JAMES AIAN,FIELD: left 1,1 to the
.Jury to say,
wished to advert to the circumstances of tfie duel,
which had "been mentioned on a former occasion,, conversation betweee Sir J. Newport and Lord . whether the lodging was nectasary, and to find their
:
which were alone 'sufficient to set aside his title to ‘Patmerstone, read and agreed to. verdiet,On that ground. The Jury found a verdict
It,r the deter !alit
i i • 1.,
promotion. The oldest officer in - the regiment The EMbezzlement Bill t.,‘ Cut through a ',mg d e...
,in a: Committee, in which Mr. Rose, , Mr. -
goes out as' keond to a sif. astern ; to, pre+ cu cussion
t .. , .
i
this meeting • the civil -officers; had been sent H. Smith, Mr. Marryatt,- Mr. Pongotiby, the Soli-
down I
tor-General, Sir J., NeWport, Sir C. Pole, and Mr,
el
to Weymouth ; the . parties concealed them-
Croker participated. The report way ordered to be
selves, and the next morning he,, goes oute as
_e_ieed to-morrow. .
one of the seconds to mere boys. They fired th receivedree ,
awe. WitaerroN \brought in a Bill to prevent frauds
shots without effect, and then, as hether .at their
in. flie_..inrydrt_ts:iot.i. and exportation. of British and
own or his proposal, they advanced one pace, and
: Itash Malt. Read "a first time, and ordered to be
fired three more; One of the partiea.makings use of a
,
• i read. a second time to-morrow.
pistol with hair trigger, for which alone be-deserved
Mr: WitateroN brought up a Bill to take Off cer-
to ba hanged. If this were permitted, what Mest i
fain duties on oil of vitriol. " The-Bill-was read a
the army come to ? When a Gentleman
.enters '
first time, and, after a . short.conversation between
his son in the service, he naturally expects the Field
Sir J. - Newport, Mr. Foster, arid Mr. Woarton,
Officer will be a father to him; fur his part, he
Should consider himself a disgrace to' the army if was ordered to be read a second dine to-morrow.
Mr. Hunt's 'case was ordered- to be taken into
be did not oversee the private conduct of junior • s
officers ; and if ouch , a 'Carson was in his. regi-
constderation on Friday next.
meat, he would bring him- to a Court Martial, The other Orders of the Day were then dis-
'
in order to have him turned out of the- sent ice. posed of, :and at One o Clock this morning the
The Hon: General contended, that taking. the.witole , Houle zdjoorned.
of the case of Captain, Foskett. into consideration,- ,
and contrasting with' it the condud of his Royal - .
Highness, the House musts be satisfied, that so far
as regarded that. Officer. .hts Royal Highness had isle-
hayed with great forbearance and lenity, and that 1
the complaint against the CoMMander in Chief was
equally unfounded, and that fur the House to inter-
fere as ith time complaint under those circumstances
would be extremely injurious to the discipline of the
army and to the service in general. ,
_ Mr. WARD ,vvas diaposad 'trot to accede to the
motion of his Hon. Friatid, because. he conceived
that he shoal(' thereby be.injnriug the service. He
condenined.the :interference of this House in indi-
vidual cases. of military grievance; as tending to re-
lax military discipline, and as opening the doors to
officers to obtain . notoriety, by complaints whether
well or ill founded. For these reasons he should
vote against the motion. .
' Sir J. PULTENEY expresaedahis conyi6lion from
all that he had heard, of the necessity of rejecting
the petition, convinced as he was that Captain Fos-
kett had made out no case of .hardship. His Royal
Highness, in all that he had done, had, been guided
.Solely.by a wish to preserve that discipline and re;
gularity so necessary for time well being of the army ;
-and he stated, that -during-the command of his: Royal
Highness, time regiment to which Fosieett • beloegs
Ii ad been treated with greater lenity than at any
former period. - . '
Mr. W. Satelau having voted for - the petition
lying on the table, could not, consistently with that
vote, refuse. the
,Papers, nor could he agree with-the
Hon. Gentleman who preceded • Wert, that no case
of the kind should be brought before the House.
, The refusal to attend to complaints -of this nature,
appeared to him- as. dangerous, as. to other Gentle:a
men appeared the danger of inquiring into the com-
plaint. The hardships of which Capt. Fos-Lett com-
plained were a series of accumulated injuries, and
therefore entitled to consideration: He thought
that in point of justice the House ought to grant the
papers.

Act is peremptory on the Attorney.;
,that we
must follOW the later of it. I -thought so at the
trial there are, however, many: instances where
the act of the Agent or Attorney .is same as -the
act of a principal. How far that pay apply in thiS
instance shall tie seen, so you way take your rule at
any rate."---Rule Nisi granted. •

COURT OF COMMON PLEAS, MAY 10.

SITTINGS AT NISI PRIGS.

Atl*J.

s GRA, 132ND, rrAY 9.
Arrived—the -George, Smith, from Malta,
Sailed —the A lexander,•Rtithertorct, for Rio janciro ; and
the M`Worth, Hawkins, tor Grenada.

LAIP REPORT.

COURT OF KING'S BENCH, MAY 10.

METCALFE AND•OTHERS V. BRUIN.

This was an aEtion to recover the penalty in
a Bond of Indiimnity given by the defendant to the
persons named • therein, being the Directors and
Company of the Globe Insurance Society; to gua-
rantee the honesty of a person of the name of Wil-
kinson, aClerk in their employ. It appeared at
the. trial, which was .in the last sittings of Hilary
Term, that the person so guaranteed had been de-
ficient in his accounts, and minus to a considerable
amount. Since entering into thebood some of the
Direetors belonging to the Company died ; this was
proved at trial,, when an objection was taken by
the defendant's Counsel, that the plaintiffs could
not recover under this bond, inasmuch as the un-
dertaking was given to persons who conld_have no
surviving representatives ; because, although they
were a chartered .body by virtue of an At of Par-
liament, they were not a corporate body. The
Jury, however, found for'the and. this day
the Attoiney-General moved •for a Rule to,;sliew
.causewhy that-verdict should not be set aside, and.
a nonsuit entered. Hi, ground was the foregoing
objection, and the Court thereon granted theßule
Nisi.

VINCENT V. SLAYMAKER.

The cause of a'.•:tion here was the amountof an
-Attorney's Bill of Costs, and was tried at the last
Sitting at Westminster, when .a verdia wa4 found'
for the defendant, under the diretition of the Judge.
It was tried before Lord Ellenborough, when it
having ni)peared that the Bill of Cosis for which
the action had been brought, was not deliVerectto
the defendant, signed by the plaintiff one month
before the. action %as brought, as the A& of Par-
liament direls, the Jury, as above stated, found for
the defendant.

Mr. Toppi NG now moved, that the verdict should
be-set aside, and anew trial granted. The Learned
Counsel stated, that true it was the Bill Was not
actually deliyered to the defendant in person, but
it was delivered to his Attorney under a Judge's
Order,..and he contended •tlat such delivery
tbie same as if it had been dellyered to the defendant
himself.

Mr. WHITBREAD supported the motion on the
ground of giving an-opportunity to Captain Foskett
to have his case fully heard, and of course to pre.
pare his,defence. When that Officer was arraigned
of negligence and ill-conduct by the gallant General,
it was but lair that he should be placed in a situation

/CA 0
YESTE

b
Ela OA Y.
:Bank Stock, India Stoat,
Navy c per Ct. tcf 0)01 10; India Bonds, 21s. pr.
Irish per Cent.. • Ettehettner IS. pr.
4 per Lent. 84i
..,er Cent. Iced (9 linperial 3 per Cent.
oer ::.ent. Cons. yak a Ditto Ann. 6 ts-16ths 7
Bank L. Anil. 18 7-16 k 7.16 Cons. for z4th inst. 70

Lord ELLE.NBOROUGII.--!` I rather think that the