The Sun.
London, England, 1811-12-14 00:00:00

COURT OF KING'S BENCII, Dm 13.

~+-~,
,:

BOYD V.I#DISTER.
This was an ar-tiun for goods,.sold and delivered,
snd brouht against the defendant as Captain of a
ship'ealled the Perseverance, belonging to Messrs.
Jacobs and Co. The vessel in que,stion being under
orders for a voyage to, the South Seas, the defend-
, ant, on behalf of his owners, rase direelions -to the
plaintiff to furnish him with sails and other Priicles
for the ship's use. These articles were accordingly

farnished,ind the ship ailed, bot,.shortly after her
return,, the plaintiff demanded payment fin the ar•
tides from the present defendant, whom he seletled
ris his debtor, in prefetence to Afhssrs. Jacobs and
Co. the owners, ‘vho,, it appeared, two days after
the defendant's return from his voyage, became
bahkropts.

l'heChier evidence-of the faa was an acknow-
ledgment wade by the detl,ndant of his liability,
after he had 'discovered the insolvency o his

Owners.

Lord ELLENBOIOUOH observed, that, certainly
the Captain was liable for the necessary repairs of
Ins ship, if these repairs took place in foreign parts,.
where the party' furnishing the articles had nobody
else to look to ; the Captain, however, upon his re-
turn home could come upon his owners for his ex-
pellees. Bat it was teo nruch to suppose, that the
plaintiffs in this country, living on the spot, e'Arry7
ing on a Itierative trade, and knowing who Ihe own-
ers were, and that the articles furnlsheil•must be
for their benefit, were to `labk to the Captain. as,
their employer and paymaster. The thing was con
nary to all probabilty, and +bereft:no, his Lordship
tiireaed the Jury
.to find a verdict for the defendant,
which was accoruingly ~one;
Verdia for Lb- defendant.

111;

_ .
The highly intereistitig. cage of Blacker v. Lord
French and CO: for usury, at length, came on to Ike
heard this day in die Court of ExChequer, There
were 182 counts in' the deelarat!on, and the'da-
ntages • were laid at -147,0001. According to tbe
statement of the .SMJCITott-GuNntiSAL, the'crime
of usury was committed in discounting.certain
partly by vsh, and partly by a thirty-one day 'bill,
upon which no rebale, of interest *was -allowed.—
There was besides a cliarge.of 'accepting a.C,Oolmis•
sion premium of t b per cent, which, on the
made an esicess of interest of 11. its. 21 After
much time was consumed in examining sorne,doen-
men's, the Rev. Thomas Radcliff was called to
prove the negociation of a certain paper. This
gentleman was inumdiately asked several ques-
tions ; but Mr. Serjeant Ball unexpeBedly interro-
gated him, whether a suit in Chancery, to invalidate.
a bond itt whith he was concerned would not
in his opinion be afloled by the result of •• the.pre-
sent action ? He answered in the affirtziative, and
after a variety of discussion by the Counsel en both
sides, this answer was pronounced.by the Court' to
be fatal to the plaintiff, and a nonsuit was according-
ly granted.
The trial of John Maggee, Esq. Proprietor of
The Dublin Evening Post, for an alleged Libel
against the Police Commis'sioners, was to have come
on this day in the Court oT King's Bench. The
Jury appeared in the box, reedy to be sworn, when
an application was made upon the part of the pro-
s-cutor, to put off his trial, until next Term, upon
the grounds that a witness, whose testimony;svas
very material, could nor be found. This motion
was warmly resisted by the Coursei for tire de-
fendant ; but the Chief Justice granted the appli•
cation, and the trial 41:ia pus off accordingly.
Friday a divisou of the Hertford llegiment,
der the c,tmtriand of Capt. Hampson, which disem-
barked at Cove on Monday, from England, arrived
• in Limerick, and on Wednesday next the retnaind:.r •
under Lieut. -Colonel Fowle will march in from
Ballinasloe. The garrison of Limelick Will then
consist. of the second battalion of the 90th ; 11th,
or Galway Militia ; 27th, or Cardigan Light Infan-
try ;. 33d; or Hertford Militia, a brigade of and,
lery, and a .squadron of cavalry. Thursday, Fri-
day, and Saturday, the troops of the Ist German
Cavalry arrived at Limerick, and pursued their
route.

Letters have been received in town from' the Edrl
of Donouglimore, in which he expresses hissegret at
not been able to coMply with his own most anxious
wishes, by accepting the invitation .of the Aprnan
Catholics of the City and Curli, for a public, din-
ner.—(Curk Paper.)

The Chancellor signified his intention yesterday
of making it in oidta, or rule of Court, that no bar"-
ristvr shoul,t sit as a Commissioner on a bankruptcy
in which he might be a creditor.
The East India Direaors..have.entered into a re-
solution, not to drink at their own tables, or at
thoso of other persons, any . wines whatever of
French production, until it shall appear that the
exchange is its. favour of this country. We trust• this
example will be generally followed.
The Mausoleum at Windsor, which was begun
by Cardinal WoLsev, has lately been finished,
agreeably to the, directions of his Majesty ; and
the remains Of -the late PrinceSs AMELIA 'have been
removed into it, according to the original intention,
ih as private a manner as possible. The:Dean Of
'Windsor and two of the Canons attended on the
occasion.

A detachment of the Cumberland Militia, in
barracks 'at Harwich, very. ,unexpeaedly received
order on Thursday to join the regiment at Mice*
barracks with all expedition ; waggons were ac-
cordingly Impressed to convey. diem, and they pro—
ceeded yesterday, the regiment'being under march-
ing orders.. 'A company of the West Norfolk Mi-
litia are mit ed to take the guard and garrison duty
at this place. .

Wednesday a Court-martial was held on. board
the Salvador del Aland°, in flameaze, for the trial
of two seamen• belonging to the Atercrombie„accus.
ad of cowardice and disobedience of orders, whist
pursuing the enemy, in the barge of, that Nhip, on
the French coast. They were both found guilty,,
and sentenced to receive 500 lashes each round the
fleet. The Court then proce,pcied to try the muti-
neers and murderers belonging to th© Diana and
Growler, for the murder of Mr. Winsland, Mr. Bo-
len, and Mr. Andrewes; but from the lateness of
the hour, only, one witness was examined-, and the
farther proceedings were adjourned until Thursday,
next.

Oz Monday last, a housekeeper in the neighbour-
hood 'of 'East Smithfield, was convicted in the pe-
nally of 101. before the Magistrates of Queen's-
Square, for.having lodged a Poiltuguese primpih his
house, without. having reported .the same ‘t it bin
twenty-four, hours, its required by the Alien -Act ;
-and‘thO, Alien not 'having a license, was committed
to pritir,o. , .

On l'hursd4y se'nnight, a warrant was granted'
by the Mayor of Walsall, for the apprehensiOn
miner,•of Birch-hilis, for threaten-
ing to murder hii wife, and infant. On the peace
orliceraPpreaching to take him into custody,_ he
seized stake, froth the hedge, with which he
knOtkedibitn down, and escaped. The constable,
though much wounded, upon receiving iniormalion
• the same afterboon, went to Dtvis's house accorn-
, partid by hi, sons, who weld likewise peace otii.
Gas.- After. a cleSperate defence,, made by 'a
large'
kitchen poker, 'Davis Was subdued, and conveyed to
prison in' a gig, being anable to walk.
()vibe .tst Inst. Edward Sutton; an inhabitant_ of
.'sjottingliarn, was fotrod dead in adttelf, in. the 'Pa-
rish,of West Pridgforcl, near that place; 'in his poc-
ket\vas found a gun, (sovonstruCted that-the butt
etid could be taken, oir, • the more conveniently to
calxy it era a oopixaled 1114111ter,), a 'quantity of poW-
al. and sh t, p snare for destroying game, and 4
wire and string, for the purpoie. of: snaking more.
fit appeared that the rson kid di.icilargt;cl by accident,
zts',.l.l,lllL4aisitoal, 011,ihe lett preait, Was.
discolourecl.hy,the-yiowdei:!- The shot had entered
temple, ar part of 14e, 'skull, and
,taken away part of thii bruins, A Coicior's
quest sat on the body. Verdi6t—,decliieq/a/ Dectl4.

WAllt ov VLuTtnft Wta-A
BOURBON, TO HIS SISTER IN LONDON.

" Slot Denis IsMild of 13tiurnen, March 9, ititt.
" Thanks to God, my ever-beloved sinter, that t
have once again the power of addressing you, which
a few hours ago I had given up all hopes of; I men-
(joined in one of my former letters I intended re-
turning to Ihdia on beard the Hon. Company's
transport Melville, on the stir of this month, (the
woeful dity three years L quitted Englapd). She
-
get under weigh from Port J..oais about right o'clock
and .we put to sea, the weather having a very
unfavourable appearance. We had between seven
and eight hundred Sepoys and Europeans on
boards The greater part of the day there was a
driziling rain, and between seven and eight o'clock
in the everting it began to blow a violent burrricane,
or, as the French term it, a coup-de-vent. We
- ,tried to, take in sail, but found it impossible, the
wind freshening every moment, and blowing Irani
all points of the compass. Before nine the unit.
evening, we lost our fore, main, and mizen top.
gallant masts and yards, and immediately after our
fore and main-top masts, every moment expecting
to go to the bottom,. all hopes being given over by
sir:. Captain. Towards ten the'wind.sttil increased,
end carried , away our mizen-mast short off even
with the deck. By this , time we had not a mast
standing ; however, the fortunate circumstance, as
it turned out to be, grealy eased the ship. -The-
nttn at the wheel. now becoming terrified, left it,
and the tiller rope breaking at this moment, the
ship became ungovernable, and we ha:l neatly sunk.
Here the Captain told us 'all was over ; and certain-
ly had it not been for the presence of Mind of some
on board, who flew instantly down below, into the
gun-loom,• and still steered the ship, had been
Tire hurricane continued 'to blow w ith
equal' Violence for eight successive hours. The
Europeans on hoard kept working the whole night
at the pumps. , No 'pen can describe the confusion.
The anticipation of dying, my dearest sister, is cer-
tainly worse than death. The anchurs' getting
loose, they wore cast away ; bur, •huwever, not be-
fore or,e. of theni had made an immense hole in the
Ship's bows. Both our large boats were knocked
to pieces and flung overboard: the gig, or small
boat, was carried up by the force of the wind as
high as the wizen yard.
" You will be surprised to hear, that out of so
many men, so few Tod their lives. We only lost
eight. Three Sepoys were killed by the boat fall-
ing upon them ; :and one so jammed, that he died
the following morning. 'Three lascars were miss-

ing, supposed to have been blown off from the
rrnin yard during the gale ;. and one -Seacumine
fell overboard when in the aI of cutting away the
mizzen rigging. Some hundreds would have inall pro-
bability been killdd, had knot been for the fortunate
coincidence of its raining hard the whole day, and
thereby keeping the greatest- part down below.—
Certainly thery cannot be such a timid useless set of
beings rra beard a ship as ,iepoys ; but.a dosctiption
of them will not do here. How ever, to go on with
this horrid narrative ; the - following morning we
were contriving some small temporary sails; in the
evening we saw the Isle of France, about eight
leagues distant ; but it was too hazy for us to be per-
ceived irom the land.; and we „wele such a shock-
ing wreck, we could not beat up against the wind ;
vve consequently bore down before the wind for
Bourbon; and the following evening we 'saw the
land. We kept during the whole night as c!ow in
land as we thought prudent, and when within about
two of thee miles, •t he wind gradually died away,
and we were driven w ithin a mile of the reef, by a
strong current setting in. shore. Bete we expelled,
to be every moment dashed to pieces, and our feari
were greater than before ; but sdine. Guardian
Angel must have been watching over us, for
when we were within a gun-shot of bVing cast on
the reef, a light breeze sprung up, and carried us off
the land. •

" Soon after we bad got ctear of 'this dangerous
reef, one of the most 'beautil4l, though awful sights
was presented to -our view---a large burning vol-
cano. It, was the grandest sight I ever beheld.--
Shortly after day-light we saw St. Denis a little a=
bead of us, which we providentially made about:
eight A. M. We had Our signal of distress; u;.„
which was scarcely requisite, you will soy, WitliSuch
a complete wreck as ours.

" 1 have, in n►y short narralive, my dearest sister,
merely told a plain matter ot fa6t ; and-not enteral;
into the distressing scene of so thartiy hundreds of
souls momentarily, calling on one Saviour. The,
poor ignorant natives one and all calling out Ullah,
which Signifies God. To finish my account, boats:
were immediately sent to our assistance, and we
went On shore, where we n"w, thank God, all are."
The ship is gone round to St, Paul's to be put in
some kind of repair, but hoWever I will never put
foot on board of her.

". We have since heard a‘schornier was all but lost'
on entering the harbour of Port Louis, on the even-
ing of the 5t h. •
"-Unfortunate news has reached uti, that is the
loss of three vessels on the Coast of „Madagascar—
:his Majesty's gun-brig S'iciunch, the Duchess of
York, arid Farquhar, and the whole 01 the three
crews perished. Thrse %essels had gone wilt) some
others, with troops for the purpose of taking a small
French fort at Madagascar, which, as soon ;as
our hoops were di.einbarked, capitulated, an 4
surrendered. The French teoops wet° then dui-
barked,-and as soon 115 On board, while, the three
above-naMed vends were still riding at anchor, a
litur,cane came on, and they were all lost. March
is a dieadfnl month about tht•se islands. You must
forgive this scrawl ; all my writing. apparatus, desk,
Ece, was brolen 19 pieces on , board. Every one
stifle: ad more or less,"

On the 2:4th ult, a torrent of rain fell :it Gibral-
tar reSernhling ruwater‘spout. St. Georgp's Tower
was struck by • (he lightning, and' great part of
thrown down ; upwards (.4 seven inches of rain fell
in twenty-faux fhoues.,•lnd Inariy • hoUses'and cellars
were. '.overliowed‘• ,Considerabla ''rnischiet was
occasidned,:in -(144.t, warellou,o;. All the Alanehts.,
ter :good, :iii the'loWer avirunents were eavered
with the wa,er, and rendbred of little or no value..*
A- targe'quamity of oil and .other irtieles were rua-.
terially injured.- •