Star. — London, England, 1809-11-08 00:00:00

THE EVENING STAR. LONDON. WEDNESDAY, NOVEMBER 8. PRICE pF STOCKS THIS DAY Xl' ONE O'CLOCK : S per Cent. Cons. tnt money 69- I—account1 —account 69u. Oninivin C prem.—Excheq. Bills, 6s. 12s. prem. PRICE OF S FOC:KS YESTERDAY. lank Stock 2R4 285 f I lvdia qtock, 195 per Cent. Red. 68,!-; India Bonds, 275. 30s. pre. 3 per Cent. Cons. 69; 5 ,-A Exch. Bills, 10s. 15s. pre. 4 per Cent. 33f1 Omnium 2 prem. S per Ceitt. Navy 100: 102 Cans. for acc. 69111 Long Ann. 18;4 9-t ,t i ts By an American vessel arrived at Dover from Dieppe, French p4pers have been received to the Ist inst. hut their principal contents have been anticipated by the Dutch papers received yesterday. The Mo niteur contradicts the rumours that were so generally prevalent respecting the indisposition of the French Emperor. By the statements of the passengers by the above vessel, it appears, that in France the reports were more strange on this point than any thing cir culated elsewhere. Indeed, when this vessel left Dieppe, it was still affirmed that NAPOLEON is in a state of derangement—so much so that, instead of of writing his own name to documents presented to him for signature, he writes "Alexander"—" Casar" ;--." Pompey," and other names. We attach no cre dit to these reports. To an article copied'from the STAR, stating a ru mo'tr that NAPOLEON had called off his troops from the neighbourhood of Antwerp to reinforce the French • army on the Danube, the Moniteur subjoins the fol lowing Note Here, we have a new piece of absurdity I Who will belicve that thcre is not a sufficient force on the Danube to oppose the Austrians, or that it is neces sary to bring reinforcements from Antwerp ? The months of October and November being most deadly in the Isles of Zealand, it is quite natural in the French Generals to allow the English army to waste itself Cy moitondre) as a sacrifice to imbecility and ignorance, while the former place their cantonments in commodious towns and healthful districts." L COTTENBU RGH MAIL. This morning a Mail Arrived, by which we have received letters of the Ist inst. announcing that the shutting of the Swedish ports has been deferred to the 15th inst. The following are the only other arti. des received : COPENHAGEN, OCTOBER es. It will be recollected that in the month of June or July last of this year, some English ships of war at tempted and effected several descents in Norwegian and Russian Finmark. By a letter published in one of our newspapers, and written by Justice Krogh, of Harveg, in West Finmark, it appears that the mis chief done on that occasion is more considerab:e than has been supposed. In addition to four ships taken and burnt and one sunk, the White Sea company has sustained a loss Amounting at least to 8000 rubles. STOCKHOLM, OCTOBER 27. In the sitting of the Diet of the 27th ef last month, his Royal Majesty laid before the States the Treaty of Peace concluded with Russia, but it has not yet been communicated to the public ; the extent of the sac' itices made by Sweden is therefore not known. THE NIEDI.L'ERRANEAN. A mail has arrived from Malta, Sicily, and Gibral tar, in twelve days from the latter place. Our letters from Malta state that the garrison is very healthy, and in excellent order. We are sorry to announce the death of the Chaplain of that Garri son (Mr. C(TisEnwr, late of Exeter) of a decline. Our letters from Sicily mention the sailing of a small Expedition, under the command of Brigadier- General OSWALD, consisting r.f about 2000 men. Our Gibraltar letter mentions the.-ame fact. To-morrow we shall be able to lay before the public a list of the regiments employed on this service. GIBRALTAR, OCTOBER 24. The Carteret packet arrived the day before yester_ day, in 20 days, fr,rn Malta. The FORMIDA:ILE and a convoy 14 this phto.! and England, sailed two days bef,:re :be A L!rge expedition sailA from Sicily on the 23d of September, whose tlestination was unknown. The Zr.m.ors arid TIIII7MPIi arrived here on the 20th from Lisbon, in their way to Lord CoLtaxcwooo's fket off T ,ulon. We expect every day to hear of the Toulon fleet being ::t sea, as 15 sail of the line, 10 frigates, and ;t number of transprts crowded with coops, were lying M the outer rJad at single anchor about a fortnight since. The Marquis of IVELLEst.ny wi:l embark on board the DftNswAr. at Cadiz, on his return to England, in the course of this week. By all accounts his Lord is much dissatistiLd at the conduct of the Supreme whome ignorance and sloth are a subject of ju , :t and g.:neral d'.ccontent throughout the country. 1-otters from Madrid of the Sth of this month, state that Mar , lial NE - , - had been sent a prisoner to France tinder a strong esc , rt, in consequence of a remon strance which he had made to .iOSE1•11 BONAPARTE, on the impossibiiity of his keeping thl• two Castiles in subj,ction withow. strong reinforcements from France. The FottittiAßLE: and cony()) from Malta, arrived _ this morning. Yesterday Sir DAVID Dt..nas held a public day, at his Office in the Horse Guards, and gave audiences to number of Military Officers. THE ARMY. The 2d battalion of the 50th Regiment moved on' Friday last from Ospringe barracks for Shorncliffe, and three companies of the 9th Regiment from the same place, to join their regiment in Canterbury.— These movements, it is understood, have been made for the purpose of affording accommodation at Os pringe for the sick that have arrived in the Downs from Walcheren. The 2d battalion of the 10th, 2d battalion of the 14th, five companies of the Ist battalion of the 82d, and the same number of the 51st regiments, amount ing in the whole to about 1800 strong, it is under stood, will shortly be embarked at Portsmouth, for Walcheren. A quantity of specie, destined for the payment of the garrison of Walcheren, &c. was on Monday es corted through Canterbury, by a party of the Life Guards, for embarkation at Deal. THEATRE, COVENT-GARDEN. The house was not so full last night ; but the up roar began with the first rising of the curtain ! and, to the end of the performance, the province of the actor was confined to inexplicable dumb shew. It would be vain to record the hackneyed modes in which the dis approbation of the audience was expressed. Rattles, horns, whistles, and cat-calls were as much in vogue as on Monday night, although 0. P.'s were less numerous. Many placards were hoisted round the pit, and the boxes patronised them. They in general breathed a spirit of moderation ; and there was more than one to the following effect : " Be silent without ; Be noisy within; And thin, without doubt, John Bull will win!" - - Before the end of the second act, a respectable tradesman, named Charles Caulfield, resident at No. 37, Foster-lane, Cheapsidc, was taken out of the pit, and conducted to Bow-street, where he was charged by a journeyman bell-hanger, named Cadwallader, with disturbing the house by talking loudly, and pre- ; venting the complainant from attending to the play..' Mr. GRAHAM, we understand, dismissed the case on the first blush. The brother of Mr. Caulfield was robbed of his hat in the scuffle, and he himself had his pocket picked of a silk handkerchief. In the height of the tumult, the rage of the oppo-' : sitionists was so great, that two hats were thrown from the pit into the orchestra. A clog was thrown upon the stage ; and a penny-piece, from some part , of the house, struck Mr. FAWCETT on the head. At the end of the performance four orators seve rally addressed themselves to the house ; two from the boxes, and the other two from the pit. The first Gentleman, in the boxes, with difficulty obtained a hearing. He said, he was proud of being an English man—he gloried in Magna Charta and the Bill of Rights. id) the latter an Englishman ought not to be insulted with impunity, more particularly in a Theatre, by hired ruffians employed by the Managers. He then expressed his disapprobation of the private boxes. There were many, he said, among the Pit, who were industrious good members of society, and he knew it was repulsive to their feelings to scereceptaclesof vice flourishing over their heads—( loud cheerings.) He dis claimed any intention to offend against the laws, and recommended his party to disperse when they left the Theatre. He hoped that they would not conduct themselves in a riotous manner, but confine their opposition to those legal means which the laws of the Theatre had tolerated for two centuries past. He was net ashamed. he said, to stand up and to speak his mind like an Englishman ; and, to prove the ho nesty of his intentions, he informed them, that his name was Joseph Sparrow, a wine merchant, residing in the East-India Chambers.—His speech was fol lowed by loud applause. A ring was then made in the pit, and a young gen tleman presented himself as an orator. He made a very emphatic appeal to the house, in order to justify the conduct they had pursued in combating the over bearing and monopolizing intentions of the Managers. I Opposition was a privilege which had been handed down to them from their fore-fathers, and if they but retained any of the genuine feelings of Englishmen, they would rather die than lose a blessing to which they owed the enjoyment of civil liberty. Gun save Me King was then sung with great spirit, and shortly after the people in the pit quietly left the house. However, heedless of the advice given by the orators, some of the O. P. gentlemen paid their visits respectively to the different Newspaper Offices, and evinced their wonted spit it of hostility by groaning to j those journals which have taken an adverse part in the contest, and cheering those %% hose statements were less ; ohnosious.—Their nombers, however, were greatly diminished, and as th:s mode of opposing the Mana gers, by distal bing the pence of the Metropolis Can not be cenntenanced by any person who possesses either sense or the feelings of a Gentleman, we con fidently hope, tlat we shall no longer have to record an act so degrading to its perpetrators, and so d in- gerons in its tendene; to the quiet and welfare of the community. Yesterday aftermicin a Cabinet Council was held at the Foreign Cilice, which continued sitting till half-past five, at which were present the LORD CHAN• CELLO% Earls 11.1TOCIO,T, LIVERPOOL, CANIDEM, CHA 111,1 NI, and II Alt itow3v, Lords MULGRAVE and PA I.M EtisTox, and the CHANCELLOR Of the EXCHEQUER. A statement of the hiss of the CuEErtm. cutter, Lieutenant CAutieNrErt, having by some means got into circulation, we are happy in being able to relieve the anxiety of the relatives of those on board. The report is totally unfounded.—Letters were received from her five days ago, which left her well in the Baltic, under the orders of Sir JAPeIiS SAUMAREZ. We are grieved to state that the FOXHOUND brig of n-ar, Capt. MACKENZIE, may certainly be considered as lost, with all her crew : no account of her has been received subsequent to the statement given by the ship Watt, of Liverpool, which vessel left her in a dread ful gale, in great distress, on the 30th of August last, in latitude 46. longitude 42. The Naturalist, the Antiquary, and Connoisseur, will learn with pleasure that the Liverpool Museum (unquestionably the first coßection of Natural History and Antiquities in Great Britan, perhaps in Europe) will shortly open for public inspection in the Great Room, No. 22, Piccitdilly. LAW INTELLIGENCE. COURT OF CHANCERY, NOV. ?. The Marquis olLansdovme is possessed, as tenant in common, of the estate of Beauwood, in Wiltshire, on which there are most extensive and noble woods to the extent, as has been supposed, of more than a mil- 1 lion of trees. Some time ago, at the instance of the trustees, of the heirs in remainder, who complained that waste had been committed by cutting down these woods to the detriment of their interests, the Court was pleased toissue an injunction prohibiting the Mar quis to cut down any trees, till the question founded on the original bill had been set at rest. Sir A. PIGOTT now applied on behalf of the Mar quis of Lansdowne for the removal of this injunction. He produced a variety of affidavits from the Sur veyors of Woodlands, the object of which was to chew that though the Marquis, in the space of four years, ; had cut down timber to the value of more than forty thousand pounds, yet so extensive were the planta tions, that this had only thinned them, and was ne. cessary for the growth of the younger trees. It was also contended, that the ornamental parts of these woods in the park surrounding the mansion, had not received any deterioration, and that nothing had been cut down which could be considered as ornamenral to the grounds. Mr. ALEXANDER was heard at some length on the same side, and the further hearing was postponed till to-morrow. COURT OF •KING's BENCH, NOV. 7. The ATTORNEY-GENERAL moved for a rule to shew cause why a new trial should not be granted in an ectment case that was tried at the last assizes for the County . of Hants. It appeared that the premises in question had been purchased by the defendant in the action under and by virtue of the will of a gentleman, deceased, who devised them and other property to the Legatee named in the said will, and which Legatee sold them to the defendant. The action was to recover the premises. On behalf of the plaintiff there was called a witness Who had subsCribed his name as the attesting witness to the last sheet of the will (which was written on three sheets of paper), and he swore that the other two sheets, purporting to be the will of the deceased. and which devised the property in .question, were forged. This, the Learned Counsel observed, was not only the first time such a circumstance had been stated, but, in fact, until the Counsel on the Hier side had mentioned it in his opening, even the plain. tiff himself, nor yet his agents, never once hinted at it. The surprise, therefore, with which his client was taken, was such as he hoped would induce the Court to grant to the complaining party a new trial ; added to which, the property devised by this will was of very considerable magnitude ; and, morefiver, he could safely assure the Court, that the person who was so called to prove the will a forgery, was himself a person of such notorious character, that in the whole County of Hants, he was convinced, lie would not get twenty persons to believe him upon his oath ; for the records cf that very county would shew that hewas there convicted of a foul conspiracy.—Rule granted. SPECIAL CONTRACT. Mr. SCARLET moved for a new trial in a cause tried at York. The plaintiff had let a corn-mill and dwel ling to the defendant at £lOO a-year, under a special and written agreement, that he was to enter at Old Michaelmas Day, 1808. The parties mutually agreed, and the key was given to the defendant. On the I lth of October, he accordingly proceeded to take posses- Eion, but he found the mill, as he said, quite untenant able, the mill dam rushing through it in every direc tion ; upon this he returned ti.e key, and refused to become tenant ; the plaintiff kept the mill in his own possession, untenanted, till Christmas quarter, when he sued defendant for three months rent, and the Jury gave him a verdict. To set aside this verdict was the nature and object of the present motion. The Court desired the written agreement to be read, and it was read ; but as it did not describe any kind of proviso on the part of the plaintiff to put the premises in re pair, his Lordship held that defendant was bound by his contract, and that he was liable to the rent.— Rule refused. DOE (ON DEMISE OF GRAHAM) r'. SCOTT. Mr. Serjeant WILLIAMS applied for a rule to shew cause why a non-suit should not be entered in this case. The defendant, the Rev. Mr. James Scott, had been inducted into the living of Brampton Brian, in Herefordshire, in February and March 1801, on a presentation by the Earl of Oxford ; and in the year 1805, he was collared by the Bishop tothe augmented curacy of Titley, in the same county. The action was brought on the ground, that, by the defendant's acceptance of the curacy of Titley, augmented as it had been by Queen Anne's bounty, the living of Brampton Brian, which he had formerly held, had become voidable, and being so, that Mr. Graham had been presented to it on the joint and separate presen tations of the Earl of Oxford, and of T. Wood, Ri chard Wood, and H. Smith, the younger. To prove his case, two things were necessary on the part of the plaintiff-Ist, To shew that the Curacy of Titley had been augmented by Queen Anne's bounty ; and 2d, that the Earl of Oxford, and the otherpersons who had granted the presentation toMr.Graham, were seized ef the legal estate at the time of granting the presenta tion. On the first point, after other grounds of ob jection had been removed, the Learned Serjeant, as Counsel for the defendant, argued, that the evidence of this being a Curacy augmented under Queen Anne's bounty was not sufficient, inasmuch as it was provided at common law that the property should be vested in land, and by the Act of Ist George Ist, section 20, that the Deed containing such landed es tates should be inrolled in the High Court of Chancery within six months after the purchase. In support of this argument, the Learned Serjeant adduced a deci sion by Lord Camden. _ _ Lor - d ELLENBOROUGH asked, was not the augmen tation effectual from the date of the order ? Mr. Serjeant WILLIAMS again referred to the Act of Parliament. The second point was, were the persons who had granted the Presentation vested in the legal estate ? }le referred to two terms of 1000 years, which had been granted in 1709 and 1727, which, he submitted, must, under a deed in the year 1757, be presumed to have been surrendered ; and in the year 1802, the present Earl of Oxford had granted a trust-deed in favour of Mr. Win. Scott. Lord ELLENBQROUGH obsei v ied, the Earl might have an interest is; keeping the phi term aeog. Mr. Serjeant WattAus said, this was a new ease. He had never seen an ejectment of the kind. Ti le Learned Judge (Baron Toomesos) who had tried the case, had afterwards spoken to him concernin g it, and had recommended to him to move the Court on both points. Lord ELLENBOROUGYI said, the Coort did not hesi. tate on either point, but in deference to the do u b t said to be entertained by the Learned Judge w!, , , tried the case, they should communicate with hi m rr the subject, and if he d i d seriously entertain the doubt mentioned by the Learned Couusel, he have his Rule. AGAR V. GIBSON. Mr. CLARK moved for a Rule to show cause, wily the verdict in this case should not be set aside, on t 1: ground of misdirection by the Judge. The case had been tried at Warwick. It appeared that the arrest had been made premeurely, a credit having o r i g. . nally been granted till April, whereas the D . zfenclant was arrested in March. The demand was frz £236, which the Defendant objected to, but off..2red to p ar Z 217. This the Learned Judge who tried case, was pleased to esteem a waver of the original de. fence, and on this ground the Jury found for the Plaintiff.—Rule granted. BROWN V. WALLER. Mr. Serjeant PECKWELL moved for a Rule to sheer cause why a new trial of this action should not 1;: ? granted, the Plaintiff having been non-suited ill ti,._ former trial. The Plaintiff had laid a wager ot guineas, whether a Mr. Gutridge had forkite,l 1.., word with Mr. Whitbread, in not abiding by 1 .; decision as an arbitrator, in a matter in diffetent..ll,.. tween Mr. Gutridge and another person • a ,feci,i( by which, whether for or against him, Nit% Gut:it.; , ... had promised to abide : and the Defendant, who t. 7; the stake-holder, had decided the wager against ti A Plaintiff. Mr. Serjeant Pr.mwEu, now contended, that Mr. Gutridge had not forfeited his word in re fusing to abide by the award, inasmuch as the award had nothing to do with the matters in difference, and awarded Mr. Gutridge to make concessions of other property than that in dispute. Lord ELLENBOROUCII said, the question was--Was the wager won or not ? If Mr. Gutridge did not abide by an award by which he had promised to abide, the wager was won. Mr. Serjeant PECKWELL..-gs Suppose the wager out of the question : could Mr. Gutridge be said to have broken his word, in not abiding by an aly.ti.d which had nothing to do with the matters in diff,..t.eacz Lord EaENBOItOUGH-" Yes ; and it might be very proper that Mr. Gutridge should break his worth it may be a breach of the word in terminus, but a bet. ter performance of it virtually. The COURT, however, expressed its willingness to see the Report of the Lord Chief Justice MANSFIELD, before whom the cause was tried.—Rule granted. The Deputies from the Tyrol paid a visit yesterday to the Bank and the India House. They were received with the greatest politeness by the chairman and Di, rectors of :hose two great Companies. When they entered the Rotunda and Transfer Offices of the Bank, the national interest in the fate of the brave people they represent manifested itself by repeated acclamatinai and cheerings. Proper persons were appointed at both places to spew them the interior of the respective buildings, and they returned much gratified by tila honours .and attentions they received. Monday an enraged bullock attacked several per. sons in East Smithfield, where he tossed a boy over his head, who fell upon a truss of straw, laid u[en the pavement, and received no other injury i taaa a slight contusion in the arm. The creature raa 4: several persons, who escaped unhurt, and Is a: length with difficilty secured and taken to a slaugh ter house. Slacker of Character.—The fashionable world will readily recognise some of its distinguished leaders in this very popular novel, which, by a lively and cha racteristic exhibition of modern manners well sup ports its title of 44 SPECIMENS OF REAL Lier"—The tollowing high character of this Work in the Critical Review sufficiently stamps its merit.—" The Novel, on the whole, is a very rizirited and natural perform, mice ;Ahe dialogues and conversations are given with muck freedom and elegance, and the characters in general excessively well designed and executed, — Amongst a number of curious and entertaining scenes, we have a good description of a Table d'Hote, which we will extract, &c." Among the various characters described, we have a Colonel's Lady, who is soldier mad ; a Lady A. eminent for elegance of manners, and refined dissimulation • Fashionable Bond-street Loungers, and Quizzing Men of Quality." CORN MARKET, MARK-LANE, Nov. S.—This day the supply of Wheat is somewhat considerable, mostly the latey arrivals of foreign, and the sales maintain last prices.—Rye at less—Barley rather lower—Malt likewise, excepting Fine—White Peas are cheaper — In Beans of the twn descriptions little variation—Ot Oats the supply is considerable, chiefly of second and inferior quality, and last prices are hardly supported —Flour at our last quotation ; Fine American 58s. to 625. per barrel. _ Fe ditto,B 09 1. 0 98 a 5s .. 7 111 4 02 s 5s it s .i . CURRENCY AS UNDER: Wheat, in Beans, 565. e) Is. Tick ditto, 333. 565. Rye, 455. 545. Oats 265. 3)s. 343 ' Barley, 465 . 545. Pulat;d ditto, 375. 40s. 04. Malt, 745. Hs. Putatoe ditto, 415. White Peas (boilers), 754. 84s. Rape Seed, 4:46 to £53. Grey ditto, 50s. 56; - . Fine Floor, 90s. to 9.ss.—Seconds, 851. 90s. ECCLESIASTICAL PROMOTION. ------- Nov. 2, The Rev. George Hall, fellow of Pembroke Contr. is 'Appointed to be Master of the said College, in the room of Rev. Dr. Smyth, deceased. Rev. Hugh Chamber Jones, student of Christ Church, aci Chaplain to the late Duke of Portland I to the living of Wet in Essex, void by the cession of the Rev. G. V. Wello:ty. Rev. Francis Mead, D.D. fellow of Magdalen Co:l.ge, to the Rectory of Candle.by, in the County of Lincoln. Rev. Spencer Madan, to the Rectory of Thorpe Constantine, Staffordshire. Rev. James Penny, to the Vicarage of Preston. Rev. James Watts, M.A. to the Vicarage of Weston.Beg'sdi Herefordshire. Rev. Charles Carver, B.A. to the Vicarage of Horning, Itiof• folk, vacant by the resignation of the Rev. Anthony Ban% x's. o:roan i Nov. 4.—Monday last the Rev. Frodshain H odson, B', and Principal of Brasenoi.e College, was admitted I) D. Yesterday came on the election at All Souls College, whui 'he following gentlemen were elected fellows of that voctety Annuity and Mr. Sneyde, both of Christ Church. Tuesday the Rev. Wm. Crabtree, BA of University Colle ge, was elected fellow, and Mr. George Orgill Leman, and Mr. Dia s. en VinCeats scho lars Of that society.