The Sun.
London, England, 1818-12-10 00:00:00

repair.

FALMOUTH) Dec. 7.—The following pickets
ere in the Roads :—Lady Arabella, fur Lisbon ;
Lord Hobart, tar the Mediterranean ; Speedy,
for America ; and Stunner, for the Leeward
Islands.

CORK, DEC. 4.—Sailed the Egfrid, KLRBY,

for Calcutta.

CUSTOMS Lisr.
Eatered Inwarits, Dec. 9.—brie Gebroedurs, P.-epps,

Antwvi p.

Entered Oa'wards, Dec. 9.—Stockton, Langley, Calcutta;
Alfred, Arbuckle, Grand Canary; Isabella, Nickels, Maran-
haw ; Riga, Forster, Havannah ; Tonics, Dally, Antwerp ;
Britannia, Sleap, Grenada; Melrose, Dempster, do.; Go-
vernor Halkett, Justus, Tobago; William and Mary, Hessel-
wood, Barcelona.

Cleared Outwards, Dec.9.—Enigheden, Madson, Copen-
hagen ; William and Henry, Cole, St. Kitt's ; Ann, Goodwin,
Jamaica, England, Reay, ilombay; Alliance, Ramsten, Got-
tenhtirgh ; Dublin ; Telemachus, Rogers,
Antwerp ; Transfer, Goodwin, Oporto ; James Berridge,
Ottes, do.

BRITISH ARMY IN INDIA.

GENERAL ORDERS, JUNE t 7.

" Brigadier-General Malcolm congratulates the Force under
his command upon their recrossing the Nehuddah. and the
termination of a campaign rendered glorious by great poli-
tical events and splendid military achievements. The corps
which compose this force obtained, in the beginning of this
war, the highest applause for their distinguished gallantry
and during the last six months, that they have been inces-
santly- employed in restoring order and tranquillity to coun-
tries long subject to anarchy and oppression, they have shewts
all the qualities of good soldiers. Fortune has given them a.
part in the last operations of the campaign ; and they have
had the gratification of witnessing the submission of the
Paishwah Bake Row, the only enemy that remained to the
British Government. The course of this service has afforded
no opportunity for signalising their courage, but in ail the
measures which Brigadier-General Malcolm thought it his
duty to adopt, and particularly in those of the 10th instant,
when he had to quell a dangerous mutiny in Brjee Row's
camp, he proceeded with a confidence that nothing but com-
plete reliance upon those under his command could have in-
spired. The awe 'with which their order and appearance
struck a lawless soldiery was increased by that coolness which.
ever accompanies determined intrepidity. The moment was
critical. A body of insubordinate men, whom they could.
easily have destroyed, opened a fire, which, had it been re-
turned, might have involved consequences injurious to the
British fame, and distressing to humanity. The troops saw
two of their comrades wounded, and remained unmoved ;
they attended only to orders. The result was all that could
be wished; and on this occasion, discipline oLtained a tri-
umph far beyond the reach of valour."

If" Hope deferred maketh the heart sick," we
must suppose that many ate now labouring under
this sickness in consequence of the late postpone-
ment of the drawing. of the Lottery. We see
however, that the first day is
,now appointed for
the 15th instant, when the First-drawn Prize
will receive a S:oek Prize of 30,0001. more
Bisit's Offices, which, during the last fortnight,
have shown little of their usual bustle, are note,
daily crowded ; his tame for the sale of 30,0001.
Prizes is, we believe, unrivalled.
WINE TRADE.—TUOMM and RICHARD ABBOTT;
respectfully refer their numerous Customers, and
the Public in general, to their Prices of CA ea
Wnves advertised this day, and they respectfully
beg leave to inform their Friends and the Public,
that no set of Men, Private ‘Vine Committee,
i'ack or Junta Anonymous Letters, Threats, or
Actions, shall deter them from publishing their
Prices-: THEY wILL SELL CHBAFER THAN EYr.E.
they will give their Pikes for other Wines as
soon as they can arrange them, and They will con-
tinue to supply the Public with Good Wines at
the most moderate Prices that can be afforded ;
anti having now obtained copies of the affidavits
upon which the rule recently obtained was moved,
they pledge themselves speedily :o meet and repo[
the late attack upon their Character 55 MFI) of
Spirit and Honour, sod to spew themselves de•
berving of the favours they have already reccivcd,
and Hug that they shall still•continuc tV receive,,
from their Friends and the Public.

P'

LAW I NTELLIGENCE

VICF.-CHANCELLOR'S COURT, DEC. 9.

PARISH OF ST. DIiNsTAN-IN-THE-WEST.

BARNES V. ABRAHAM AND LLOYD

This is a case considerable importance re-
specting the appropriation of tithes in thi exten -
tive parish.
The plaintiff was vested with the Rectorage of
the parish of St. Dunstan, in the West, in the year
1812. by conveyance front. Mary Williamson,
widow of the late incumbept, tell() had united in
himself the characters bath of Rector and Vicar.
In pursuance ot.the statute of the 37th of Henry
VIII. the plaintiff, Who was Rector, only con-
ceving himself entitled to the tithes of the
Rectorage, made a demand to that effect. This
was resisted on the part of the parishioners, a%
well as On the part of the Vicar. The plaintiff
filed his bill, and the defendants put in their
answer, both of which were amended from time
to time.

The defendants admitted that there was a prima
facie title on the part of the Rector to the tithes,
because the Statute of the 37th of Henry VIII.
was of a general, and hit!►erto undisputed opera-
tion. But the grounds upon which they denied
the Rector's right were deduced altogether from
circumstances in the history of this ancient
parish, which rendered it a
_singular exception
to the uniform system of ecclesiastical paro-
chial administration. The Abbot and Monas-
tery of Anwick., in the County of Northum-
berland and Diocese of Durham, previous to the
dissolution of the Mouasteries, were seized of the
parish of St. Dunstan, with all its emoluments
and duties. It appeared, that upon a subsequent
investigation of the stare of the parish, that the
Abbot was obliged to furnish a resident Canon,
or stipendiary Priest, for the better J►erfotmance
of the sacred duties in the parish. The ordi-
nation ot the person who was to discharge these
duties implied an endowment ; and though the
instrument of the first induction could not be
found, still it was plainly deducible from the
records connected with the parish, that the folic-
tionary had been endowed with all the emoluments
of tire parish, iecluding tithes, oblations, christ-
ening fees, burial tees, &c., with the title at Vi-
car, he at the same time conttlbuting the sum of
IS/. a-year to the Abbey of Art wick, in which the
rectorage was invested, in lieu of those emolu-
ments. This pe•ision was afterwards Rioted to
JUL. a year. Uoon the dissolutions of Monaste-
ries in this kingdom, his Majesty, Henry VIII.
was seized of this rectorage, anti continued to re-
ceive, as usual, the annual sum of 101. front tire
Vicar. His successors also receiver! it up to the
period of Queen Elizabeth, when the rectorage
Was alienated ft am the Crown, without any pre-
judice, however, to the existing relations of the
parish.
Upon the title of the present Vicar to the tithes
as tiors deduced through a succession of reigns,
the defendants (including the parishioners. and'
Vicar,) rested their case.

The plaintiff, so tar as could be understood, in-
tended to rely upon the circumstance of an agree-
ment having taken place in the year 1663, be-
tween the then Rector and the then Vicar of the
parish, by which the previous situation of the
Vicar was entirely changed, and the Rector be-
came entitled to the tithes of the parish.
There were other points,of defence with regard
to the amount of the tithes, which were to have
been urged, but his Honour expresser) an appre-
hension of his noz having the jurisdiction to decide
the matter by his own authority. The Decree
of the House of Lords established, that in every
conflict with the Laity, the Church had a right to
an issue, and in the present case his Honour found
it extremely difficult to decide whether or not it
was one that might to have an issue. He re-
quested that the Bar would afford hint its assist-
ance, and should it eventually appear that his ju-
risdiction was so co-extensive with the question,
Le would do his utmost to consider of it.—The
case was accordingly postponed.

COURT OF KING'S BENCH, DEC. 9.
Sittings at Nisi Print, before-the Lord Chief Justice ABBOTT
and a Special Jury.

CONSPIRACY.

The KING againSt AUSTIN BOGLE FRENCH, JOHN FRENCH
Bu I-1F; E, and MATTHEW WA L. 1113 for colluding and conspiring
to fit out a British Ship, and obtaining for her a Commis-
sion as a Letter of Marque under foreign colours, for the
purpose of capturing ships with British property on hoard,
under the protection of licence from the Privy Council and
Secretary of State of England, and for capturing under
such false pretence the Danish ship Carlotte with a Bri-

tish cargo on hoard, and protected by a Blitisb licence.

There tvere other persons tinder the
8 rue imputation %Vith the parties above-named,
one of whom, J (Am linton, has been out-
lawed in the course of the proceedings in this
cause, and the other, Antonio de Loza, a Spanish
subject, not amenable under the circumstances
of (lie rase to the laws of this country, and, con-
sequently, neither was included in the present
indictment.

The parries in the indictment had been at least
tritl of respectable sitnation and character h) the
City of London. A. Bogle Fieti,..l, the branch
of a once most respectable mercantile house;
Fue.och Borke, a partner in the said house ; and
111,tthE-a' kValsb, one of the present harbour mas-
ters of the Port of London. l'he trial was of
considerable importance, and coittinned from nine
in the morning until eleven 'at night. The Coon-
s!!l tnr the prosecution were Mr. Gurney, Mr.
Bollaud, and .Jr. J. Parke; for the defence, Mr.
Scarlett, Mr. Curwond, and Mr. Campbell ; and
from the extreme length of the evid,..nee and other
procetdinvs we are necessarily confined to a sum-
mary sTetch.

it appeared that the circumstances in which
this rase originated were as 10110r,7 :-
At the latter end of the year 1812, the house
of ogle, French, and Co. had entered into an
ac!,ieement to fit oUt a Utitish vessel, their pro-
perty, called the Pitt, for the purpose of obtaining
for lier7ts contrniA:',ion as a Spanish letter of maryite,
to .croise against the enemies of Spain 3 slid tvith
ti.is view they sent the ship, with 3 British cargo,
to the Portuguese butt of Vians, from which place

V sailed to Vigo, in Spain, and thence to Co-
rtmnit ; acid Mr.. Walsh, who had, been formerly
a Captain in the Portuguese Navy, and afterwards
in the British Commercial Marine, went from
England to Spain in order to take the command
of the ship, as a Spanish privateer, at the stipu-
lated, pay of 501. per month,. and five per cent.
upon ibe nett proceeds of the adventure ; but
when he arrived in Spain, he stated in his letters
borne, that the' vessel appeared to belts such a
stare as to be unfit to proceed to sea for her first
intended purpose, and, therefore, she was sold
to a Spanish merchant, whO af:erwards fitted her
tos as a privateer, obtained for • her a commission
from his Catholic Miljesty, under the new name
of the Juan Baptista.
A Spanish mariner named Antonio de Loza was
said to be. her Captain ; Mr. Walsls accepted the
office of linguist, and she proceeded to cruize in
tire iris's Channel ; and on her. cruize
there, she put into die harbour of Guernsey, tor
the purpose of careening, being very told at bot-
tom. When she anchored in that port, Mr. Walsh
and Mr. Burke, who was also ou board, came or;
shore and applied to a respectable house there of
Collins and fa:o., with a proposal to advance mo-
ney for the necessary repairs of the ship. Mr.
Collins, riot knowing Mr. Burke, declined, unless
be had some approved security. Both said they
were only passengers, and Mr. Burke introduced
Mr. Walsh as a Captain. in the Portuguese ma-
rine. Mr. Burke then proposed to give Messrs.
Collins a draft on the house of Bogle, French,
and Co. London, requiring no advance of money
until they were satisfied the bill would he paid.
This was agreed, and the bill was transmitted,
and honoured by Bogle and Co. and in conse-
quence the money was advanced to the amount
of 3131. I2s. Id. and also a further sum of .50/.
being the award of an arnitratioa for some injury
sustained by another ship running foul of the leg
of the 'Juan Baptista, while careening, and a fur-
ther sum of 131. as a balance for other advances,
which all were paid by the house of Bogle, French,
and Co. London. Mr. Moore, rite Spanish Con-
sul at Guernsey, as soon as he saw the privateer
under Spanish coloUrs enter the harbour, went on
board, saw Mr. Walsh, arid asked him what his
views were by coining into the Channel, as there
was nothing to be gained there,—no enemies cruis-
ing—no British privateer even. But IValsbanswer-
ed, be must take his chance ; his owners had
ordered him to cruise there. The appearance of
this vessel, however, excited some suspicions
among the ships in harbour ; and one vessel, called
the Palmyra, with a British cargo and British
license, ventured to poi to sea ; but the Juan
Baptista immediately slipped her cable, and fol-
lowed her ; but the Palmyra, after sailing about
four miles from the harbour, returned again, and
was followed in by the Baptista. This circum-
stance excited much apprehension amongst the
merchants of Guernsey, who immediately applied
to Sir John Doyle, the Governor, who sent for
Messrs. Burke and Walsh, and also De Loza, and
sonic of the merchants were present. The two
first he asked up to his drawing-room. He had
formed so favourable an opinion of Mr: Burke, that
he had invited hinsand his friend to dine with him
before. He suggested the rumour which had been
excited, and expressed his hope it was groand-
less. Mr. Burke was the svokesman. Walsh
said nothing ; and Mr. Burke neither acknow-
ledged nor denied his intention to take the Pal-
myra ; but said, if he had, there was nothing to
binder him, for he had the commission of his Ca-
tholic Majesty, and might take any ship with an
enemy's cargo, and no British man of war could
binder bins. The British Government might
protect protect foreign vessels against their own cruisers,
but they bad no authority to control a Spanish
commission ; and he would trounce any British
Officer in the Court of Admiralty who should at-
tempt to interrupt him. He was extremely ar-
dent and vehement in his arguments, and in a day
or two afterwards he quitted she harbour.• While
the ship was careening, Mr. Walsh paid a visit to
London, and made himself acquainted with such
vessels as were about to leave that port with Privy
Council licenses, and he returned by the time his
ship was refitted.
Having sailed from Guernsey, he was cruising
in the Channel, and was fallen its with by a Bri-
tish cutter of 10 guns and 75 men, commanded
by Lieutenant Gordon, who, seeing him under
foreign colours, felt it his duty to interrogate
trim, and was informed he was bound for Dover,
and intended to cruise in the Channel before. he
went there. Lieutenant Gordon, in conse-
quence of some intercourse which took place,
and the conduct of De Loza, went 'an board
and asked for the Captain —De •Loza was
strewn to him ; but shortly afterwards Mr.
Walsh came from the state-room, and by his
manners and appearance appeared to be tile Com-
mander of the vessel. He felt it his duty
to take possession of the privateer ; but after some
explanation, and a menace from Mr. Walsh, that
his owner would prosecute him to an expence of
30,0001. for impeding his cruise—besides the cen-
sure he would incur from his own Government in
taking possession of the ship of Vvar of an ally,
he suffered him to depart. lie perceived, how-
ever, the next day, that he was dodgiug a Danish
ship with a British cargo on board, and protected
by a British licence, which Lieut. Gordon had
previously examained, and found correct, and he
accordingly sent his boat on board this vessel
with an officer anti some men, for her protections,
offering to escort her to her intended port.

The Danish vessel was the Carlotte. She bad
some time before sailed with a British license and
a cargo of wine and brandy from Bourdeaux to
London ; from which place-she was now hound
with a British cargo of coffee, sugar, and pep-
pers, to Havre, valued at 60 or 80,0001. but
which, at the current prises of those commodities
in France at that time, was expected to produce
to the owners 180,0001. Captain' Walsh sent a
letter to Lieutenant Gordon, with his compli-
ments, saying, that as he bore the commission of
his Catholic Majesty, he wished to examine the
foreign ship now under his protection, being well in-
formed she had enemies' property on hoard (Spain
having at that time declared war against France
and Denmark). Lieut. Gordon not caring to risk
an interference which might become a question
between the two GOvernments, recalled his officer
and omen from the foreign ship, arid capt, Walsh

sent an armed 'force on board of her, demanded
the Captain's papers,' and told him " he ‘i ell
knew the Carlotte, that he had her name in his
list, that he was waiting for her, and was lately
in Londem, and saw her take in her cargo in the
London Ducks." He, in short, captured the ves-
sel. Lieut. Gordon, who saw the transaction,
told him he bad better prOceed to Dover with the
ship, being his original destination ; but he an-
swered, that he preferred taking her to Ports-
mouth, where lie 'accordingly carried her. The
owners in London being informed of this trans-
action, took the most effectual steps for the de-
tention of the ship, and security of her cargo ;
and proceedings were instituted in the Admiralty
Court which led to a contest of three years, at an
immense expence ; and, in the course of these
proceedings, affidavits of all the parties were filed
of considerable length, and which were now read
in evidence; in which it was admitted, that the
house of Bogle, French, and Co. hail agreed to
fit out a ship to become a privateer under Spanish
cominis3ion and flag, not conceiving they were
thereby committing any infraction of the, laws of
this country, as such adventures were customary
with British merchants; but denying most solemnly
that they had any concern as principals with the
San Juan Baptista, from the time she was sold at
Corinna, and had actually become a Spanish pri-
vateer; that they had any command of, or con-
trout over the vessel, her Captain, or crew, or
any concern whatever with her proceedings at
Guernsey, or her capture of the Carlotte, nor any
controul over that vessel, or any power to restore
the cargo to the claimants.

But it appeared from the whole evidence; from
the correspondence of the several parties in their
own hands ; from the bills of exchange drawn by
Burke and Walsh, for a set ics of years, on ac-
count of this vessel, on the house of Boyle,
French and Co. and paid by them ; from the very
items charged in the accounts of Bogle, French
and Co. as discovered after their bankruptcy, and
from the sums of money advanced by them to
carry on the law proceedings in the Admiralty
Court against the claimants and in support of this
capture ; that the whole was carried on with
their privity, and at their charge, 'and with their
constant and successive knowledge, and for the
common account.

Mr. Clarke, the principal assignee of the bank-
ruptcy of Bogle, French, and Co. proved that
considerable sums were advanced by the assignees
for the benefit of the estate, to carry on the suit
in the Admiralty Court, in support of the cap-
ture ; but in consequence of accounts and writ-
ten,documents which he discovered in 'a closet in
the bankrupts' house, containing a series of
statements directly contradictory to their affidavits
in the Admiralty Court, he perceived the assignees
were supporting a most urgent suit, and with
their consent. he surrendered those documents to
the claimants, who were the true owners of ship
and-carg6, for which, and his zealous and labo-
rious assistance for a year and a half in adjusting
the accounts and facilitating• the recovery of the
property, he received 20001. But he was a claim-
ant on, the bankrupts' house for 10,0001. ; and if
the suit for recovering the Carlotte and her cargo
bad succeeded, he must have got 60001.
Mr..SCARLETT and Mr. CAMPBELL severally
addressed the Jury on behalf of the defendants,
but adduced no evidence.

The LORD CIIIRF JUSTICE summed up for the
Jury, who, without retiring, found the defendants
All Guilty, but recommended Mr. Augustus Bogle
French, as an object of lenity, as be was but 22
years of a'ge when this transaction commenced ;
to which his Lordship promised to pay due at•
ten tion.

COURT OF KING'S BENCH. DEC. 7.

DOE ON THE DEMISE OF THE POOR OF EMANUEL

HOSPITAL., V. FAIRMAN. *

This was an action of ejectment, to recover
possession of two small pieces of land belonging
to Emanuel Hospital, Westminster, 4hieh, Loge-
' they with Some other land belonging to the
Hospital, was leased to Taylor, in 1803,
for a term of twenty-one years ; the tease to be
terminable, on notice being given by the lessors,
at the expiration of seven or fourteen years; and it
was further proxided, that as the Corporation of
London were Governors of the Hospital, a notice
to terminate the said lease, signed by the Town-
Clerk, and left at the residence of the tenant in
possession, should be sufficient notice. Mr.
Taylor died soon after the lease was granted,
leaving three children, and a Gentleman named
Locket, executor. Alr. Locket underlet,the pre-
mises in question, and the part now the subject
of dispute, to the present defendant. In 1816,
the Governors considering it desirable to put a
period to the ,lease, served Mr. Locket and the
other tenants in possession with notice to termi-
nate the lease at the end of 14 years, namely, in
1817. The present defendant was served with a
notice on account of the land be held ; but when
the time of quitting arrived, he refused to give up
the premises, on the ground that be had not been
in possession when served with the regular no-
tice. The plaintiff having, however, fully proved
his case,
Mr. Anot,Putis; for the defendant, said, he felt
that his client could not make any effectual resist-
ance ; he had never resisted contumaciously, but
under circumstances, of peculiar hardship, which
could not be made a subject of enquiry here.—
Verdict fdr the plaintiff—Damages is.