Star. — London, England, 1828-02-14 00:00:00

GRAND CONCERT AT GUILDHALL. 'Yesterday a Grand Concert, on a scale of splendour hitherto unsurpassed, or indeed equalled in the City of London, w a, given at Guildhall, for the benefit of the Spanish and Italian Refugees. The insufficient provision which the Spanish and Italian Refugees in this country ',obtain, even as the means of necessary subsistence, rendered their condition in the winter season one of severe and calamitous distress. To mitigate the pressure of this calamity, it was proposed to give a Concert for the benefit of these men, 4. whose unfortunate fate," to 'use the languagenof Mr. CANNING, " no individual a bility, virtue, or exertion, could avert." The design was patronised by his Royal Highness the Duke of Sussxx, the LORD MAYOR, the Duke of WELLINGTON, the Duke of NORFOLK, the Marquis of LANSDOWN, Mr. BROUGHAM, and many distinguished Members of both Buses of Parliament. The Concert was also patronised by many Ladies of eminent rank and influence in fashion able life. The must distinguished musical and vocal performers gave their gratuitous aid. The band was on a spore extended scale than has been ever heard in the City of London, including some of the most celebrated' - instrumental performers; and the Noblemen and Gen tlemen of the Royal Academy of Music granted the assistance of some of the pupils of the Academy. The young Gentlemen of his Majesty's Chapel Royal, St. aul's Cathedral, and Westminster Abbey, assisted the tivorus. Several other Musical Societies kindly ennui- tnted the services of their respective members; and, in shortb every exertion was made by the Committee, and every disposition manifested by all patties engaged in this worthy undertaking, to render it suitable to the beneficent imposes for which the Concert was designed. The result was such as might be expected—an at tendance brilliant and fashionable, and numerous as the great room at Guildhall could contain. Twelve hundred tickets, we understand, were originally issued, to which au addition of three hundred was made; yet there was no inconvenience or pressure. The strictest order and regularity. as well as the most delightful music and perfect enjoyment, prevailed, from the commencement of the Concert at twelve, until its close at four in the afternoon. The performance consisted of two parts; the first part consisted of several airs and grand choruses from HANDZIA " Messiah," and HAYDN'S " Creation;" theiecond part was composed of pieces selected from the most celebrated modern composers. Of the merits of the performance of both these parts, those who were present testified their sense by loud and frequent plau dits—those who were not, may have a notion of them conveyed to their imaginations by the recommendation which the names of the eminent performers carry with them. Of this eminent band Madame PASTA glitters in the van. In a duetto (the first time of its performance), 44 Presso un ruscello," with Signor CURIONI, and still more in the area, "11 soave e ben conttato" Widone Ab baadonotta), she asserted the Almendancy ot her genius ever all living competitors for the dominion of "sweet sounds." If a nest of nightingales had been in her throat, as has been fancifully supposed,we might have the same sweetness, it is true; but we should lack the feeling, intelligence, and powers ehich Madame PASTA COM. lines in splendid and harmonious union. Mr. BARHAM in "Comfort ye my people," was fully equal to his own fame, and higher praise we know not how to bestow. In a cantata by Perusal, commencing " See from the silent Grove Alexis flies," an opportunity was afforded for the display of his abilities, in a different style of song; and an opportunity was also afforded (not the least gratifying part of the performance)tor an accompaniment oa the violoncello, by Mr. LINDLEY, which displayed light, sweet, and variable sounds, such as we had before thought that instrument was not capable of producing. Miss PATON was not present ; her absence, we under stand, was occasioned by indisposition. Mad. Patton and Miss WILKINSON, and Mademoiselle BRADIEILLA. however, contributed their effective talents to the per formance, which made the ooinpany less sensibly feel an absence which, wherever song and music are at tractions, must be a regretted one. Mr. NlcnoLsoN played a fantasia on the flute, in which he displayed wonderful execution on that most agreeable instrtunent. Messrs. CURIONI, PELLEORINI, PHILLIPS. and SPAG- FoLavrt, respectively contributed their efficient aid to wards rendering the Concert (as we have already said) one of the most delightful musical entertainments ever exhibited in the City of London. The number of per formers exceeded two hundred. The whole perform ance was under the direction of Sir GEORGE SMART. Mr. Fresueini, who kindly officiated as Honorary Secretary, greatly contributed, by his politeness and exertions, to the satisfactory arrangements of the day. Among the persons of distinctions present, we noticed the Duke and Duchess of Lamina, the Marquis of LAMSDOWN, Lord Nuearn, and several Members of both Houses of Parliament. The amount which the Concert yielded, if we may form a judgment from the number of tickets disposed of. was about 2,0001. Lord COCHRANE, whose arrival at Portsmouth, in the Unicorn schooner, we announced yesterday, is direct from Navarin. The sudden and unexpected return of. Isis Lordship has naturally produced much surprise. A letter from himself was received in town yesterday, but it affords no explanation. His Lordship merely states that he landed at Portsmouth on Monday, but was afterwards obliged to go into quarantine. He brings intelligence from Greece of so late a date as the 16th ult. A E g yptian force in the Morea was then about 21, en, a part of whom had been embarked for Alexandria, with the Greek women and children. The Morea has beer. rendered nearly a desert by the ravages of the Egyptian troops, and the country gene rally is in a most deplorable condition. Report says, that the reasonif his Lordship's departure from Greece was that the battle of Navarin had rendered lis ser vices useless : but it is more generally considered the t he became thoroughly disgusted with Greece, its out enemas facsiens, and its unprincipled Chiefs. MASQUEAns.—The Grand Carnival and Masquerade at the Argyle Rooms en Monday night, was well at tended, and rendered very amusing by some masks, who sustained their characters with great whim and vivacity. Two Paul Prys were, however, very obtru sive, whose wit,cossisted in annoying the company with their umbrellas, until an excellent pantaloon and clown deprived them ot the nuisance. A third Paul Pry ob truded himself with so much industry in quaffing CHAIM'S WRIGHT'S sparkling champagne, that hi; legs soon forgot their office, and his umbrella its humour. He was at length taken under the care of a Moll Fiss ion, who was worthy of such a companion. There was a beautiful gipsey mingled with the great throng. who occasionally removed her mask to bewitch the gazers, and who captivated a merry Bardolph, who would cheerfully have coined his nose to contribute to her comforts. There were present many noisy sailors, ex tremely vociferous when half seas over. A pleasant vocal group afforded much amusement. Two or three pretty damsels solicited the company to buy thou brooms; and a Dennis Bulgraddery complained sadly Cr the want of customers till two o'clock, when masks wore still arriving in numbers, sad there was every ap t pentanes of a joyous morning. DOVER, FLB. 13. Arrived the Britannia steam vessel, Captain Bushell, from Boulogne, having on board her Highness, 01 Princeu of Polignac, her family, and suite. The Pritle is not expected for some weeks, public matters of portance requiring his presence in Paris. Soon aftbrithe , arrival of the Britannia, the Sovereign, Capt. Hayward ' , and Le Duc de Bordeaux, Capt. Fiona, came in with about 100 passengers, who had been detained at Calais tw•o days by the severity of the weather. Amongst them, Count Mandehtop, Charge d'Affaire, from Wirtentberg. Le Sieur Dorr, Courier., front Vienna. Le Sieur Kruger, do. from Berlin. Le Sieur Wacksam, do. from Stockholm. Ur. Klan, and Le Sic ur Brue, do. from Paris, all with dispatches. Monday last, at eight o'clock, A.M. the Countess of Craven, with her daughter, Lady Louisa, and brother, Major Brunton, embarked at this port in the Sovereign, Captain Hayward, for Calais ; and we regret to hear, from its blowing a strong gale from the east, attended with a thick and incessant fall of snow, which continued 24 hours, thereby preventing the Captain from distin guishing the French land. Her Ladyship and family were subjected to the distressing situation of being a whole night at sea in very dreadful weather, the vessel not being able to get into Calais harbour till Tuesday morning, at nine o'clock. ANOTHER LITTER SAME DATE. A numerous and very highly respectable body of Gentlemen dined together yesterday at Wright's Hotel And S:,ip Inn, to celebrate the return of W. H. Trent, Esq. as representative of this town and port. The dinner, wines, and dessert, were of the choicest kinds, and gave the utmost satisfaction. The . Chair was ably filled by John Bayley, Esq. and such was the hilarity of the company, that it did not separate until a late hour. The Princess Polignac, family, and suite ; Mr. Swan and suite; Mr. Banbury, &c. &c. arrived at Wright's Howl, this day, by the steam packet, Captain Bushell, from Boulogne. VALENTINE'S DAY. COOK POPS/LAS ♦NNALS Or ustror. KNOWLED •• Apollo has peeid through the shutter, And waken'd the witty and fair; The boarding-school belles in a flutter, The twopenny post's in despair •• The breath of the morning is flinging A magic on blossom, on spray ; And cockneys and sparrows are singing In chorus on Valentine's Day." St. Valentine's Day has long been famous in the po pular history of Great Britain. Dr. Goldsmith, in giving a picture of genuine English rusticity, says, that the pea sants of his story, (Vicar of Wakefield,) " kept up the Christmas carol, sent hue love knots on Valentine's morn• ing, eat pancakes on Shrove fide, she wed their wit on the first of April, and religiously cracked nuts on All Hallow Eve." Birds are supposed to choose their mates on this day, and man deems it auspicious to follow their example. Menage, in his Etymological Dictionary, has accounted for the term " Valentine," 'by stating that Madame Royale, daughter of Henry the Fourth of France, having built a palace near Turin, which, in honour of the saint, then in high esteem, she called the Valentine, at the first entertainment which sbe gave in it, was pleased to order that the Ladies should receive their lovers for the year by lots, reserving to herself the privilege of being inde- pendent of chance, and of choosing her own partner. — At the various balls which this gallant Priucess gave during the year, it was directed that each Lady should receive a nosegay from her lover, and that, at every tournament, the knight's trappings far his - horse shouldl be furnished by his allotted mistress, with this proviso, that the prize obtained should be hers. This custom, says Menage, occasioned the parties to be called 66 Valentines It is the hour of morning's prime, The young day of the year, The day of days before the time, When brighter hopes appear. It is the time of early love, When sans but faintly shine; It is the day all days above, The sweet St. Valentine! The cold snows on the meadows lie, And not a leaf is green; Yet here and there in yonder sky, A gleam of light is seen. So lose, young love, - 'mid storms and snow, Darts forth a light divine ; So darker days the brightness show. Of thine St. Valentine ! . : , ar t . '.. • A very fine eagle was trapped last week by Captain ' RAMSAY'S gamekeeper on the hills above Balnakettle, in Kincardrugshire. This magnificent bird measures seven fret two inches between the tips of the wings, and weighs ten and a half pounds. That part of his leg commonly called the dr amstick, is larger than a man can grasp with his hand. He is not at all injured by the trap, having been caught by one of the sues, and has been placed in a large cage, to keep company with another fine bird of the same species, which was taken from the nest in the Clova-hills, about four years ago, and is not inferior in brunt, of plumage, and not much inferior in size. Friday evening last, between ten and eleven o'clock, as] Mr. Alexander Paxton, spirit-merchant, Pleasance, was returning from the country, where he had been on business, when near the Gibbst-tctll he was attacked by two at a, he h iving alighted from his horse. One of the tobbers rifled his pocket of seven pounds one shilling in notes, with which he made off. The other pulled out his watch. Mr. Paxton bad only a small switch, with which he struck 'the fellow across the hand, which caused him to drop the watch, which, as the night was dark, Mr. Paxton could not find. Having reached the Gibbet-toll, he procured a light, with which he returned to the spot where the robbery was committed, and found the watch. Mr. Paxton cannot give any descrip tion of the robbers.—Edinburgh Evasing Courant. SHOCKING ACCIDENT.•.—AbOIIt eleven o'clock this forenoon a very frightful accident happened in Black friars-road, near the Bridge, by the upsetting of a stage coach, upon which were two outside. passengers : the horses slipped and fell, and the coach almost instantly went over. One passenger, whose name we understand was Brown, was pitched off and fell upon his hetut. , The unfortunate Gentleman was raised, and carried into a shop, but he appeared nearly lifeless: his skull was dreadfully fractured. He was taken in a coach tcr the Hospital, but died before he arrived there. The other also was thrown a "considerable distance from the coach, and sustained an injury of the shoulder.— No blame appears attachable to any body. The coach was going at a slow rate ; and the horses fallias, through the state of the ground, solely causal thitibooking occurrence. LAW INTELLIGENCE. COVItT OP KING'S BENCH, WISTIIINSTES, Fire. 13. Mlrtdlaaes Nisi Pries Sittings, alter Hilary Tome, before Lord Tirwrzanax and Common Juries. TfiE KING V. NIMBI& I IPThiS was an indictment for wilful and corrupt per - alleged to have been committed by the defendant, Main affidavit made by him in a cause in the Court of Chancery. The case on the part of the prosecution was stated by Sir JAMS/ SCAELETT, who, after he had gone through the details, called a person . of the name of Mills to produce the proceedings is the Court of Chancery, but that witness lint appearing, Lord TENTERDKN directed a verdict of Not Guilty to be entered. Immediately after this was done, the witness ap peared, but Lord TENTERDEN said he had no power to reverse the verdict. THE KING V. RODENT FOWLER. This was an indictment against one cf the officers of the Court of Requests in Vine -street, Piccadilly, for an assault upon a Lady who was attending that Court, upon a summons, a short time since. Sir JAMES S•ARLIIrr, for the prosecution, stated, that the Lady was so unwell as to be unable to attend as a witness on this occasion, and that as the defendant had been already before the Court on account of the transaction to which the present indictment had re• ference, he would decline proceeding with the case, and the defendant might therefore be acquitted. A verdict of Not Guilty was then recorded. THR RING V. ARIS AND OTHERS. Sir J. SCARLETT stated that this was an indictment against the Commissioners of Highways, in the parish of Stepney, for illegally erecting a toll gate across a lane called Salmon-lane, near the Commercial-road.— The principal question in the case turned upon the con struction of the local Act of Parliament of the parish of Stepney. That question was, whether the gate ought to have been erected at the end of the lane abutting on the highway or across the lane, near the Commercial road ?—The COMMON SZRONANT appeared for the de fendants. The facts of the case being admitted, it was agreed that a verdict of guilty Astrid be entered, with leave for the defendants to apply to the Court fur a special case upon the construction of the Act of Parliament. A verdict of Guilty was then recorded. HITCHCOCK V. MORRIS. This was an action between two attornies, the plain tiff claiming compensation in damages for an assault inflicted upon hina,b, the defendant. Sir James Scasturer stated the case for the plain tiff. It appeared from the evidence of the plaintiff's clerk, that the tw'irattornies were attending a summons at the chambers of Mr.:Justice Holroyd, in Sergeant's inn; in July last. After they had been before the Learn ed Judge, an 'angry discussion of a per tonal nature took place between them ifs the outer chamber. The plaintiff charged'tne defendant with " sharF practice ;" and the defendant said the plaintiff was a liar, to which the plaintiff.rejuined that the defendant was a " scaven ger;" whereupon the latter sttuck the plaintiff on the tare with his fist, and gave him a bloody nose; upon ;the plaintiff's complaining of this conduct, the defend ant proposed to• giro him a shilling as compensation :for the " special damage" he had sustained, and told him that if after that he brought an action, he (the de fendant) shynld plead a tender. Mr..Bitouonak, on addressing the Jury for the de fendanOidieilad the case as a trumpery one. He was not in a situation to deny that an assault had been com mitted, but in estimating the amount df damages, the Jury would, remember that the plaintiff had given the provoesios for t the assault, by charging the defendant with "sh a rp pr actice. The The Jury might probably have observed, that his Learned Friend, Sir James Scarlett, on °paint this very grave case, was afraid to turn his face totbem in his usual open manner, lest he should not be abte to keep his countenance while detaining the factsof this most " untoward event." (Great laughter.) Ie wsl4 l l l . ll 4cLtbe Jury might observe the expression Of his countenance, and therefore he had held his brief before his face while relating the particulars of this sangaidiry battle, in which it appeared so much blood had flowed front the nose of one of the combatants, that he was onder(be i necessity of having two surgeons to attend him. He hid paid one of them only a few shillings for his--ser_vices, and the other had received nothing. Tlrectxpense, therefore, be had been put to on account of-this affair, was a mere trifle ; and he Or. Brougham) thought that if the Jury gave him Is. for the injuries he had sustained, that would be ample compensation. • Lord TENTsionx lekit . eo the -Jury to say what amount of damages tit* plaintiff was entitled to under thecircurnstattees; • The Jury found rot the plaintiff—Damages 101. Lord Tigwricasza observed, that the parties had chostn a most improper place for engaging in quarrels of a personatoature. JENKINS 9. JAIIFI This was an action to recover compensation in da mages for an: injury sustained by the plaintiff, in con sequence of the defendant's having maliciously issued out. process of outlawry against her. The facts of the case, as given in evidence, were shortly these: The plaintiff, Charlotte Jenkins, was possessed, jointly with her three sisters, of a small landed property at Credon-hill, in Herefordshire,where, with one of her sisters, she kept a school. The de fendant, an Attorney residing at Credon-hill, had pro perty adjoining that of the plaintiff's. Some sheep and pigs of his having strayed into the plaintiff's garden, and done considerable damage there, the plaintiff im pounded them. The defendant brought an action of replevin, aid the plaintiff not having appeared to this proceedings, the defendant caused the usual writ of capias ad aspondenduns to be issued, and got it returned non estiwoeistsu, by the sheriff, though the plaintiff was at the time residing at Credos hill, within a few hun dred yards of the defendant's residence. The defendant afterwards proceeded to obtain judgment of outlawry against the plaintiff ; and her land, having under the outlawry become forfeited to the Crown, he afterwards petitioned the Lords of the Treasury, and procured a lease of it to be granted to himself. The judgment of outlawry was subsequently set aside by the Court of Common Pleas, on the ground of its having been irre gularly obtained under the false return of non est in veatu s ; and the defendant had to pay costs upon • t hat occasion, amounting to upwards of 241. It was contended on the part of the plaintiff that the defendant, in carry lug on the proceedings against the plaintiff, bad been influenced by malicious motives, and a desire to get the plaintiff's land into his own poi ' session, haring purchased of one of the plaintiff's sisters a fourth part of the entire property, which had descended to the plaintiff and her sisters on the death of her mother. Ile had repeatedly applied to the plaintiff to sell him . her share, - whicbtnhe had refused to do. It was stated by one of the witftessit, that the defendant's sheep and pigs had frequently trespassed upon the plaintiff's land, and that, upon the plaintiff's causing them to be im ' pounded, be bad violently assaulted her. The principal sot. ' point in the case, however, was, that respecting the false return to the writ of alias ad reepondeiduni. it was urged on the part of the plarntiif, that the defendant had pro cirred that return to be made from malicious motives, in order to obtain the outlawry without letting the plaintiff have notice of the proceedings; and it was stated by Mr. Harris, the Under Sheriff of Herefordshire, who was esaatined as a witness, that he had refused to make the return in the first instance, conceivinghe was not authorized to do so, but he afterwards received a written authority from the defendant to make the return: The plaintiff's witnesses were cross-ezamined by Sir James Scarlett for Vie purpose of chewing that the de fendant had made offers of reference to the plaintiff, arid had disclaimed any intention of acting harshly towards her. The witnesses, however, negatived the whole o f the facts which were attempted to be proved on these points, and one of them stated that the defendant had repeatedly declared, with an oath, " that he would do what he liked, and have what lie liked." Sir JAMICB SCARLITT, in addressing the Jury on the part of the defendant, denied that his client had been actuated by malicious motives towards the plaintiff. The defendant was a most respectable man, and every step he had taken in the proceedings was that of fora bearaoce, and not oppression, towards the plaintiff. la procuring the return of non est invents:, he had done so, not only because he perceived it to be the proper mode of proceeding, but because he was desirous that the plaintiff should not be arrested under the writ of sepias, and taken to prison. He had adopted this course in mercy to the plaintiff, and he had received advice from his agent in London that the proceeding was perfectly regular. It however afterwards appeared that be was mistaken, and for that mistake he had paid between SOL and SOL in the shape of costs to the plain• tiff, who haclprocured the judgment of outlawry to be set aside. He had made repeated offers to the plaintiff' to refer all matters in difference between them to any person whom she might name; but all his offers had been disdainfully rejected, and he had been obliged to have recourse to the measures he had adopted, for the purpose of asserting his rights, and protecting himself in the enjoyment of his property. • Several witnesses were called to prove that the plain t tiff was apprized of the proceedings in the action o replevin, and that offers of reference had been made on the part of the defendant, which had been rejected by the plaintiff. One witness stated, that he had called on the plaintiff three several times for the purpose• of prevailing on her to " make it up" with thed4 Pendant ; and another stated, that during the progress of the replevin action, he apprized the plaintiff of what was going on, and told her that the defendant was wiling to refer all disputes between them to the clergyman of the place where she resided, or even to her own attornies, if she chose; but that she declined this offer, saying " she was not to be frightened." A clerk of the defendant's London agent proved that the different proceedings in the replevin action had been adopted in the ordinary form, and that it was believed at the time that the judgment of outlawry bad been regularly obtained. Lord TINTIRDSN, in summing up the case to the Jury, observed that the main question for them to de termine was, whether the defendant, in procuring the false return of non eat inventus to be made, had done so designedly with a view so injure the plaintiff, or through mistake, conceiving it to be the proper course of proceeding ? If the Jury thought that he had acted with a fair and honest intention of doing no more than he conceived he was justified in doing, and not with any design to injure and harass the plaintiff, their ver dict ought to be in his favour ; but it they thought that he had acted from malicious =fives, with a view to oppress the plaintiff, then they would find for her, with such reasonable damages as a compensation for the injury she had sustained, as they might think her fairly entitled to. The Jury. after conferring together for about five minutet, returned a verdict for the plaiattlf—aimages COURT OF COMMON PLEAS, Faa. 13. Sittings after Hilary Term before Mr. Justice BA Y LIT and a Common Jury. ROLE& V. STANLEY. The defendant in this case is a surgeon, residing in Lincoln's Inn-fields. The plaintiff is a tailor and dra per, residing in Dean-street, Suho. The action was brought to recover compensation for the injury which the plaintiff had suffered by reason of the negligence and want of skill exhibited by the defendant in his manner of treating a fracture of the knee, which the plaintiff had received by a fall from his horse. Mr. Pawn:son having opened the pleadings, Mr. Sergeant Caoss stated the plaintiff's case. The person who now sought compensation for Mr. S:anley'a• negligence, was a young man, 25 years old, and, though of a thin form, yet possessed of a very good constitu tion. On the 2d December, MO, having gone out to ride, he was thrown violently from his horse, and fell upon his right knee, which was very severely bruised, and a considerable quantity of gravel enteied the flesh, Mr. Stanley having been called in two or three hours after the accident, found a considerable tumour and la ceration on the injured part, and a hind moveable sub. stance under the skin. His attention having been parti cularly directed to this substance, he declared that the patella or knee pan had been fractured, and that the substance under the skin was a part of the broken bone; and acting under this erroneous impression, he ordered the limb to be pat into splints, in order that what he supposed to be a piece of bone might re-unite itself to the part from which it had separated. He continbed his attendance for two months, during which time the patient endured excruciating pain. At the end of that time the wound healed externally, and the surgeon took his departure from the patient, whom he left much worse than he found him, much :educed in strength, and cappled by the stone which had been sealed up in his knee. lie (Mr. Sergeant Cross) was instructed to state, that during the whole time of his attendance, Mr. Stanley had never examined the tumour, though he was told that it was the seat of continual pain. Tne patient lingered in this condition for a long time, and at last his knee swelled so as to be as big as his head ; the inflammation was followed by suppuration and a considerable discharge of matter. The patient then grew something better, but a corroding ulcer was formed at the place where the discharge had taken this time the patient was attended by fnamed Jenet, who, at length, in Septem apnla apothecary, oth D ec u a r r i y n Septem ber last (nine months after the occurrence of the acci dent) recommended the family of the plaintiff to call in another surgeon. Mr. Charles Lilly was in conse quence applied to. Under that Gentleman's treatment, the plaintiff's general health was considerably improved, though the ulcer was not yet healed. As his strength, however, began to increase, a piece of flint had gra. dually worked its way to the surface, and having reached the skin, Mr. Lilly made an incision over the part, and extracted the flint. On two subsequent occa sions, two other pieces of flint were extracted; and the state of the plaintiff had been vastly impkoved, in coa -1 setemice of the extraction of the stones from his knee, 4