The Sun.
London, England, 1810-07-10 00:00:00

bEattliCK rthetD, ttiri 4.

This good old tdWn, arnldSt the preonridest
ternal tranquility, still cor.tinueS to present to th 4
traveller all the stieW and apptiratut of war. Having
beew once the ancient barrier between Sot land and
Engl;4)&4, still exhibits all the taiiiions discipline
of a frontier .garrison. The walls are.sdrmounted
with canti4i, and at every gate and bastion the pror-
per centinels are posted. At ten o'clock in the even*
ing the gates are regularly shut, end are usuallyope t,•
td at siX"iti* the morning. The barracks are 8 fine
ancient building; forming a Spacious square; and the
range of mrig:izines, though now neat, Unstbred,
show the importance anciently iitteired io this
military poSt. Within these last few years, however,
the walls and ba(,t ions hate been p:trtially disMaritled,
and the greater part of the stationary glrriq.,n, con-
sisting of invalids, who here, and in All parts
Scotland, are caqed foggies, have been s,,nt to Oikz-
ncy and other military SiatIOCIS in the nnrth. Their
place is supplied by detachments of the Militia, or
regular troops. •At present there are eight companies
:Of tie Aberdeenshire Militia stationed here, who
appear to be a very fine body of men; and expect
soon to proceed farther to, .the Soinh. The rest of
the regiment are lying at Dunbar, and in the
neighbourhoid, The parade gintind 'adjoining the
barrack, is very spacious, and iS the usual resort
in the evening of the few fishionabl• S resid,ng-
here, who are regaled with the usual military ititisic,
and after ards walk along the wails d 'ram-
parts, till the close of the day reminds them of re-

tiring.

Berwi,k affords no accommodation for bathers
but a village called Spital, on the south side or the
hat bour, is a place ofconsiderable reiort during the
bathing season, and has a very fine beach 10war..3 the
open sea.
,The luxury of bathing machines, how;.
ever, is here unknown, and the &rwick,'rs and others
from the adjacent counties, are satisfied ivith the
smooth sands. The houses of accommod"tion being
so very, near the beach, render this want the less
sensibly felt. Spital has alio its mineral waters,-very
much esteemed by certain classes of invalids. The
spring is a strong Chalybeate, and is•sut.posed to be
very efficacious, when drank after a certain portion
of salt water, particularly in scorbutic aid scrophu-4
lons-complaints. Spital also abounds in doakivs
but it is not their late, like their more forcunate
brethren of the South, to be honoured by bearing the
fair forms of female excellence. Their burdens
are of a much grosser nature, but they are not
less. useful, perhaps, to their possessors, being etri., -
played the whole year round. The. bathers at pre.,
sent are but scanty, the usual-season having only jest
commenced.

This town, upon the whole, is rather on the dc'
dine. The salmon fishery, the great staple here,.
has been falling off for some years,. and has been less
produdtive during this, than any former seasbn. The
fishers', it is said, has, on the cont-ary, wuth lin~
proved in the more northern rivers. The incommo-
diousness df the harbour is much against the tos,, n
of Berwick, as a place of general trade; but sone4
attempts are now making to. remove this income..
niency. They have just begun a new pier, on the
ancient site df one which they say exisied in the
time of Queen Mary. It is intended to carry it out
to the farthest beacon, being a distance of nearly
hall a mile, which will render the harbour more
sate and more easily accessible, while it will be ca•
pable at the same time of accommotlathig a very
extensive shipping. It begins on the North-east
side of the town, and, from the bridge, will afford
a key of nearly half a mile in extent. A breach is
alteady made in the wall, from Silver-street, which
opens the new harbour to the interior of the town,
It will tike seven years, it is supposed, to finish the
projected plan, and large warehouses are already
begun to be built in the principal lihe, that •will then
lead from the quay. How far the expectations of
the people of Berwick may be realised by these ien .
proveiiients is Uncertain—but the necessity of at;.
tempting soreeiteng is very evie.ent. .The town is
very wealthy—but instead of applying their revenue
to the general good, they divide the surplus among
a certain number of the oldest freemen, whose num-
ber, for that reason, is limited, and therefore they,
can admit no freeman, except in-the case of. a va-
cancy. The revenue that Many of the freemen en,
joy from this source of emolumenteis not less than
2b and 301. a year. This revenue of the town, if
more generally and more judiciously applied, might
render Ber,wick one of the most flourishing towns
on' the Eastern coast. Nothing, perhaps; would
tend more at the sante rime to the Improvement of
the town, than to pull down their useless and cum-
bersome walls.

BOXING.—A spirited fistic combat betwixt Flow-
ers the provincial bruiser, and a man of the name
of Keate, took place at Tavisti:ck, Wilts, on Sa-
turday last, on the estate of Major Whehlale, for a
stake of two hundred guineas, the former having
been backed by the Major, and Keate, who is an
iron founder, by a purse from some amateurs in
Cheshire, from whence he came to fight Flowers.
It was agreed to be a stand up battle, and the com.
batants appeared to meet eagerly. Keate had ne-
ver exhibited from his own country, and the eyes
of three thousand amateurs and upwards were fix-
ed upon him. In the first round he gave more proof
of bottom than skill, for he received a straight felt ward
blow at length upon the temple, and not going down,
he bored in upon Flowers, wino possesses some sci-
ence, and returned the blow by one accidental, but
more desperate, on the ribs, and both fell. This
round lasted nearly two minutes, and several blow s
of less consequence were exchanged. Flowers had
the best of the battle for half an hour, but not so
much as to ensure ultimate success; for although he
was enabled to plant a good hit at meeting, yet the
hardihood of Keate was comparatively equal to the
metal he wrought at, and he would not be denied,
so that he often had the best of tie latter part of the
round. Like a true glutton of the Crib school, Keane
suffered his eyes to be lanced tor, a glitunler of
sight, and by real hand fighting, his vvngitt, which
was ,a stone more than Flowers, won him the battle,
in one hour and ten minutes, at half mime time.
Flowers had beat several good provincial boxers.—
Keate will, it is understood, make his appearance
in London, in a few days, and ent-r the regular-
list of fighting men. He is a twelve-stone novice,
and a match for such a man as Pct-rers, or Cropley,
as near as might be inferred,

:

i'

I

kfifV hEPC)II7'.

C(fIJRT o.l' KING'S litiNCH,

Lord ELLBNpurtot7on gave the judgmentof the
In several points of importance.
- 1n.4..0e case of 'the rciTetisar.of an ootlawry,
r-hk.',(:,',iutt found that the' recognizance was hot for:
fetrea' but that tbe bail was entitletlit(?render the
body of the person whohid been ouilaye..

o V4atioE V. KEYS.
In th:s,.case the plaintiff charged thaehel4d been
keraudred, out of 7001. by a ,false representation of:
toe deteridant, whehad.been his partner,- aria _who
.11',.0-.Treseeted to him that certain other PersOns,
ere to cokee into his right, had refused to give.
tuel'eth,qe a certain sum for the purchase.; . whereas,
ei fact, they were willingJo have given 7001. more,
but, irr consequence of which representation, the
plaintiff had accepted of the smaller sum. Th-e:
Court held that the plaintiff was not entitled to re-
cover. kseller would be liable its the case of any-
lAse representation of the value of the thing sold;
but the Cow t were
.not Aware of any.iule by which
• a 'buyer, in such circumstances, could be made liable.
The role for arresting .the t.t,dgment in favour of the
plemtiff Was accordingly :made absolute.
In a 'case, on a Poliey of Insurance on the ship
;,liranda, against every risk except that of condem-
nation by the American Guvernment, where a par-
tial 'or average loss had previously arisen by the perils
offhe sei, but where total loss immediately after-
wards oic-e. in consequence of condemnation by the
Ameiican Guvernment, a risk especially excluded.
by the. policy, the Court held that the assured
.could
not recover even for•the average loss arising from the
perils of the sea. They could not be entitled to!
indemnity where they had suffered no,damage.—
How', when the thing wits totally taken away trom
them, could they be said to have been damaged by
any previous deterioration it might have undergone ?
Of what consequence to them was the.interreediate
state of the thing, if they were never at all to get the
thing itself into their poisession. The American
Government, who had ultimately condemned the
cargO, were, in fact, the only party injured by•
its previous deterioration.--Judgment for the de-
fendant.
The Court also found in a question from the
Quarter Sessions, that oak, ash, and elm, are not .
Ex FRoPRIA NATURA exempted from being cut as
under-Wood whet!. under
.21 yearS of age. The
distinaton must depend on. t he,state of their growth,
and on their being intended for timber.
. THE KING V. THE. MAYot- OF GREAT GRIMSBY.
In this case a, mandamus had been applied for,
enjoining the Mayor of Grimsby to take-the sense
—Of the Cerpeyate &Ay- _Dna. motion. proposed by ,
one of the fluriesses...4.a regular meeting,- and
had been .duly seconded, but which the
Mayi.ii% 'he'd refti.sed to .put. • This motion .went to.
pro!ett tie Co, porate feeds .fGona improperApplica-
tiTms of them by, the Seleei,,Body, wile bad as,sum-
erihe right of.dit,pesiog, of them, and to • bring
, ba%•t tits 'riatinto the Nods of the whole Body
Corporate.
• •

•
ELLENzonouon: thought there was a 'doubt
Nyheili`er duenotice of the motion ha.d.been given.
- 141,e conit.,certainly would. be fir from laying it
Own"' he Mayor had a veto in such business.
It was a subject well deserving of inquiry, if the
• ft'indS'of the COrporation had been, or were likely
ti; he abitsed in the hands in which they_now were;
and, if so, why they ought not to be restored.to the
Body to which-they properly belonged. There was
it-) occasion for the interference of the Court,•how-
eVer, in orcier to accomplish this object. The par-
• ties aggri-eved., in order to obtain justice, had only to
• renew The tuolion originally made by them; .atter
-giving proper notice,

WILLIAMS V. JONES.

• Mr. ATTORNEY "GENERAL shelved cause against
the Rule aprlied for by the defendant in this cause
to amend his replication. The action was brought
for an account of business as an Attorney done for
the defendant by the plaintiff while the panies were
both resident in the Presidency of Bengal in the
East Indies. The debt had been incurred upwards
of ten years ago, and the plea set up by the defend-
ant was first, that 9ot he, but his creditors, .had
employed the plaintiff, the- at:lions in. which the
plaintiff had b n employed, being for penalties
under the stating of usury, the sums to be recover-
ed under which were to go in extinaion of ,the
debts due to the defendant's creditors, and not to
the defendant himself.

. To this plea the plaintiff replied, that the defend-
ant was beyond seas during greater part of the pe-
riod alluded to ; and the defendant had rejoined
that the parties were both in the East Indies, where
they were within the jurisdkiion of the Supreme
Court of Berlgal, and where the defendant under.
the operation of the Ad of the Thirteenth of
George the Third, might be as effedually sued as if
-fie.had been resident in this country. ,
There had been an error in the date of the A 4 of
which the plaintiff bad availed himself; and the At-
torney General trusted that the Court would not, in
Such a case; lend assistance to the plea of the Sta-
tute of -Limitation.

11r. PEAKE was'•about to argue on. the other

When Lord -ELLENBOROUGH said that he knew
DO reason why the plea under the Siatute of Limi-
tation's should noi be' entitled to the fair considera
(ion of that Coot: Here the defendant was a man
who had been many yearg abroad, who, on alit ac-
count, might, froin various causes, have destroyed
the voutters which he held, and Who, probably, in
consequence, now called for the indulgenceot she
Court:" The stria rules of proceeding in such cases,
had been much relaXed of late years,.and he saw no
Mason why they should not be so relaxed .in the
present instance'.

The rulr was accordingly made absolute,

JULY 9. • -
THE KING V. FINNEATY.

. . .
. Mr. CURWOOD moved, That this cause, which
which was a prosecution for a libel, at the instance
of Lord Castlere,aph,, and which stood' for trial at
..,
.... -
the sittings after. Term, might be postponed till'niixt
Trim. The ground of his motion was .an.affidavit
..

of the dcfenclant, stating. that. several Gentlemen,
whom the defendant meant to subpCena as witnesses
on the trial, were now in Ireland, and it would be
impossible for Wit to have the benefit of 4lieir tes-
timony, should the trial come in the Sittings after
this Term. Among them he named Mr. Ponsonby,
Mr. Wellesley Pole, Mr. Foster; and Sir J. New—
port, as witnesses material toli.aefence, and there
was besides a Capt. Parish, whom the defendant un-
derstood-to be, now at sea.
Lord ELLEXzononcu suggested that it would be
•necessary.fir.t to know what the charges or allega-
(tons were cm which the testimony of 'these gentle-
men was likely to have an important bOring.

Mr. CURWOOD 'professed himself unable to give the
Cotirt this ini-ormat ion, as he was unkquainted with
the circumstances of the case.

;Lord ELL. ESBOROUti.—The better way of pro-
Ceediug will be then, by moving tor a rule to. shew
cause why, the trial,should not be postponed, which
you may do to-morrow.

The,(ollOwing unusual, though.not entirely unpre.,
cedented event in natural history occurred lately at
Kircubbin, in the'County of Down i
Mr.. James Orr, innkeeper there; had a green par-
rot for 15 years, which not being kept- in a cage,
was suffered to wander about the house, back-) ard,
&c.--About the middle of June they observed it,
making holes under the turf stack, in some one of
which it would sit nearly the Whole day, hot was
brought in at night. On Tuesday the 26th of June
it spewed more than common relurtance to leave its
nest, and the next morning dropped, from its p, rch
in the window, a line egg, and immediately after
went to its nest in:the turf•stack, front which it was
brought with mirth ditEcul.y. One end of the
egg, which contained mucli-White,,and a small
is.. unfortunately considerably injuied by the tall : it
is a pure white skin, very tine in-the texture o: the
shell, about,the size, of a pigeon's, but of a more.
elegant shade, being nearer an oval, and now in the
possession of a lady in the neighbourhood. On Sa-
turday the 30th June it dropped another egg, much
the same form as the other.

.•
A-short-time ago, a duck .belonging to Mr. John
Clemishaw, of Winmoor, near Leeds, laid an egg,
rather above the ordinary size, which was broken
for the purpose of being cooked for dinner, but, on
examination,t he contents were found to consist of a
dark muddy slime, neither resembling the yolk nor
the. white of an egg, in the middle of which was
deposited a young snake of the length of ten inches.
When the egg was broken, the reptile unfolded it-
self, and remained apparently in a healthy sate for
about twenty hours, -when, having wrapt itself up
again, it soon after died, and is now preserved. in
spirits by Mr. Clemishaw.
Earl FORTESCUE has mentioned his - inter on -of
,erecting a handsome market-croSs in the centre of
the spacious square at 'rattershall, Lincolnshire.
The erection will 'be at, once an ornament to the
town,
,arid a
.great. convenience,to-tho,e frequenting
the.market.

On Friday Jail was-committed to Lincoln Castle by
JOEIN HOLLOWAY, Gent. Coroner) Wni. Jackson, a
private in the.. Artillery corps, charged with man-
slaughter, in killing a man at Boston, whose name is
at present unknown:--The. deceased had lett the
lied Cow public-house in the- town late on Sunday
night the 24th .ult,..a few minutes after which time,
on the
.ptisorer andsome other persons being lighted
.out by
,the wile of the landlord, the deceased • was
found standing near the door, and on its being opened,
he exclaimed that,- if ..he was not permitted to have
something to dritilt,he would report the house. Int-.
mediately the prisoner savagely strek the deceased a
blow and kpooke,l hint backwards. In falling, the poor
roan fradured his scull on the pavement, and being
immediately taken into -the house, died of the. frac-,
turd on the following Tuesday night. He had not
been seen in Boston before the Sunday night, and is
supposed to have been a Norfolk man. His dress
was.that of a labourer_ ; and from 'wine. es.pit,sions
during the ,delirium consequent 'urn the 'injury he
had received, he is thought to have a wife-and lathily.
One shilling and sixpence and a farthing was all the
money found about him. 'the
.prisoner was mar-
ried to a girl of Boston on the morning of the day
on which he was apprehended. s •

. .
The prisoner Ai kinson; committed for forgery,
who madehis escape from Lincoln Castle last 'week,
was apprehended on Thursday noon, at Kirton
Holme, near Boston, by Mr. J. Sueton of that place,
publican. A party sent pursuit of him, calling
at the house to make inquiry, had scarcely lett it
when the prisoner went in to get refreshment ; he
was immediately secured, and lodged in the House
of Correction, in Skirbeck Quarier, whence he
was removed on Saturday to his old apartments in
the Castle.—When Atkinson escaped, he got over
the
_prison wall by,the aid of his fellow prisoners,
and proceeded to the porter's lodge; being unknown
to the porter, and -well dressed,' the door was open-
ed for him without suspicion, and he immediately
walked through- the Minster-yard ; but, in his way
thither, having occasion to pass by the shop of the
apothecary who attends'ihe prison, he was seen and
known by a young man in the shop by whom
information was given to (he gaoler, and Several perms
sons were within aquarter of all hour sent in pursuits
of him. He was. traced through Fiskerion, and
Over the.ferry there, and thence on the south side of
the river to Billinghay and Kirton Holme. In that
neighbourhood lives a young woman to wheal be is
attached—the only way of accounting for the strange
infatuation which led him so far in a direction
where he,was likely to be apprehended.—lt appears
that his escape was owing -to the turnkey"Ot the
Prison having negle&ed to observe certain regulal
dons made in consequence ,of the escape .of:some
prisoners over the walls a few mouths ago : he has,
in consequence; been discharged.

411-lir Pitil".).

CRAVISZND, JULY 8„

•
Arrived-.--the Baring, -, from Bengal ; Castle Eden,
----, and Dover Castle, Richardson, loin Bormbayiand the
.Lady Castlereagh, -, and Devonshire, Murray; 'fircm
Calcutta... . -

.. .
- .
Sailed;--:the Shark,7l4asiack, for St.•joltn!s ;. Sir, Sidnei.
- SMith, Stanford, for Deinerara r La invention, Litman, and
i'alarox, Flare, for Madeira; anil the WqrnoOtli, Gardner,
'or New-York. ..- -

P..IPERS
RELATIVE TO IHL CAMPAIGN IN PORTUGAL ,t\l7

SPAIN.

Copyof a Letter from Sir Arthur Wellesley to the Marquis.
Wellesley, dated Jaraycejo, 16th Rug. 414.
MY Li - •
I have the honour to inclose_ the copy of a .I.le-
port which I received last night from. the officer
commanding the &nisli cavalry, in consequencqpf
Which I-have ordered him.to move towards Caceres,
to endeavour to procure food for the horses, where
he will be nearly 30 miles distant from the army.
The enemy have Made no Movements of -any im-
portance in this quorier. They have had their- pi,
tiloles at the Puente de Cardenal, and the people' Of
the coun.ry believe that they intended to attempt to
repair that bridge.' I had intended to. repair that
bridge myself, in case it should hive been desirable
to move upon the enemy's right at Placentia, and
had given directions for the 'collection of materials
for that pupr ose) but the report which I received
last night (31P the want of forage for the cavalry, and
the consequent necessity of moving ;hem to a dis-
tance, has' put that operation out of the quetion, and
I have now ordered that the Puente de-Cardenal maybe so effedually destroyed, as to render its repair
impossible.

ibis worning, received_from General Eguia the
account of the defeat of General Venegas' corps on
the ij the

I hire the honour to be, &c.
(Signed) - ARTHUR WELLESLEY.
H. E. the Marquis Wellesley, "eke.

Copy of a Cetter from Major General Payne to Colonel
Murray, dated Andrea del Opispo, Aug. ti, Laog.
MY DEAR MURRAY, . .
I tear we have consnmed.alt .the forage within our
re.scii to Ibis country, and it has required a good
deal of industry;--to have lived here so long, I assure
To-day we have, in ggneral, colleEled only rye,
and the reports 1- have received from the Officers'
who have been out, are, that this
,country will not
furnish us a full day's forage for to-morrow. Pray,
state this to the Commander of the forces.
'We have only received one day's issue of barley:
sincebur-irrival here, and that did not exceed four
pounds per horse:l'

(Signed) -
To.Colouel Murray,

H. PAYNE. . t

Copy,of a Letter from Sir Arthur Wellesley, to the Marquis'
Wellesley, dated farayrejo, Aus, 114:
MY LORD; -'
I received from Marshal. Beresford this morning,
a letter, stating that the enemy's corps which .had-
gone to Placentia, had; on the 12th, attacked and,
carried the 'Puerto de ,Binol. This pbint was de-
fended by Sir Robert Wils'on'.s corps, and I Wieve
a detachment from the garrison of Ciudad Rodrigo.
Sir Robert Wilson has retired from the neighbour-
hood of Talavera; by the hills of the Vera de Pia-.
centia, and had 'arrived at the Puerto .de.k3anos on..
the tith. He writes .from Colmenar on the 1214
at night.

I do not understand that the enemy had made any
movement from Placentia since the 121 h. -His pa-
troles were yesterday on the Tagus, in the neigh-
bourhood of Talavera and_of the Puerto de Cardenal.
Marshal Beresford was yesterday between Maselago
and Carya Mayor. •

I have the honour to inclose the copy of a letter
which I received yesterday from General Eguia, and
the copy of my answer this day.
I have just received your Excellency's dispatch of
the 13th instant. Your Excellency will observe,
from my letter to General Eguia, that-the Marquis
-de Rornana was stilt at Corunna on the 3d of August,
and probably even at a later period. There is no
chance, therefore, of a diversion being made bthis
army in . favour of the operations of the troops in
Egremadura ; and tour Excellency will observe,.
that the attempt of the. Duque del Parque to hold
only the Puerto de Banos, although aided by Sir
Robot( Wilson's corps, the assistance of WiliCil he
had no reason to expect, 14s tailed entirely.
i consider the answer of the Junta to the note of
your.Ewellency in iespe4:to supplies of provisions
forthe.arniy; and to the means 'of transport re-
. vired, to be entirely•unsatisfaCtory. The arihy can-
mot exist in the shape of an army, unless these sup.
Plies. and means are- pfovided, and the Junta has
.ready .been InforMed by me, that .it Spain, or
.tatlit:r •
that partof Spain which is under their Governiii, nt,
which in Oct now comprises the whole
skingdow;
excer.iiog-that 'part of 'E,tremadura, and tot Castile
and Arn!gon, occupied by the enemy' troops,, can.,
net or is to -make the exertion
necessary, in order to.proitide the Supplies and means,
Spain must clo, without the Service of :the British

•
In TeSpea to Marshal Beresford's corps, which
the Junta was *o
.desitons should 4e brOi.ight for-
ward, I hiVe to observe, that the Marshal •has great
reason, with myself, to complain of the 'deficiency
of supplies of provisions -and 'other assistance, since
he has been. in Spain. , But- this army is the only
disposable corps of Portuguese troops which exist,
and is all that Portugal has' to depend upon for,its
defence. It is not in a very efficient state for. offen-
sive operations, as it wants cavalry, is newly rased.,
•and but imperfectly trained and disciplined. The
object in collecting it upon the frontier, was to train
and disCipline it, and, at the sarne time, 'to defend
the frontiers of Portugal, and to give an appui to my
.left flank; and the Government of Portugal
onseuted to its quitting the frontier for theSe
jeCts; but I doubt•whether the GovernMent of Por,
tuo-al would consent, or that I could recommend
that they should consent, to the employment of this
Corps -in an, operation in. Castile, giving up• the de--
fence of their own frontier, .which is -menaced with
an attack, at the call of. the Government of -Spain,
who ddnot ~
appear,wiliinp or.capable of making any
exertion for themselves. Acordingly your Excel-
lency' "Will Lbserve, in the different
,letters which
have*written, in which I have recommended inove-
ments towards Madrid, I have not mentioned Mar=,
BereSfold's. Corps,, knowing-its service could
norbe at'present spared ata distance from the Por-
tuguese fronlier, and' iat the Portuguese Govern-
ment would not allow it to Moye.to any distance.
I have the honour to be, &c.
(Signed) . ARTHUR WELLESLEY,
Flis Excellency.qte Abrquis-Welleslcy, &c.