Star. — London, England, 1820-04-25 00:00:00

THEATRES. •Ngimmmii•••iim• DR/AIT-LANE.—The Tragedy of King Lear was I performed last night, bring, what. will probably be considered an extraordinary c l ircumstance in drama tic history—the first time it was ever acted at this I Theatre. Mr. KU‘N was • the representative of; the aged and injured Mon.:reit, and proved that he had made no common study of that arduous charac ter. Correct in his conception, he never suffered the warmest bursts of passion to transport him.beyond the weakness--o.: age. His violence was thitt of the • . spirit, not the frame. It had words and looks of fire, out none of that 'tempestuous agitation which generally reveals strength of -body and youth of wind. Yet it was by no means destitute of energy& No one who once beard, could ever forget the terrors of the curse, which, in the wild storm of his indigna tion, kneeling on the ground, and with-hands up lifted to*HEAVEN, he pronounced against his offend . - ing daughter Conerit. His interview with Regan presented a most effective display of attachment, contending with the evidence of his senses, and ob stinately clinging to the hope that his daughter is still faiiliful to her a :; icted father. His cry olegony, on suddenly recollecting the treatment which his messenger has experienced, and adducing it •as p proof of Regan's guile, convincing even to hithself. burst forth with all the'phrenzy of paternal despair. But it was in the scenes in which he moves amidst the tempests and desolations of Nature, like a perturbed spirit, with only one thought in his mind, and one feeling in his heart—it was in those scenes of terrific grandeur that he presented, with unerpralled truth, the awful spectacle of a soul totally absorbed in des pair. The gradual decay of intellect which ensues, was most skilfully marked. The dreadful progress of insatlity could be traced step by step, till the men tal star set for a time in total darkness. 'When after wards flashes of light darted across the gloom, the effect was almost sublime. Such was his recognition of Cordelia ; such also the wild spirit with which, perceiving her danger in the dungeon, he snatched a sword, darted to her relief, stabbed her executioner, ad then, in the tumult of alarm and joy, once more forgot what he had achieved, and almost whom be had rescued. ,Upon the whole, this performance does Mr. KEA N infinite credit. It is one in which be has rather cur bed than given way to his genius, but; it is also a case in which such restraint was a qualifi cation. The audience did ample justice to his merits, by frequent shouts and repeated rounds of applause; • and when the Tragedy was over they would heat: it announced for a second representation by no other lips than those of Mr. Keax.—Mr. RAE personated Edgar for the first time ; his reception was most en thusiastic, and his 'performance fully justified the warmth of his welcome. In the scenes of assumed madness, he was particularly great ; and, on the whole, we never saw him to greater advantage.— Mrs. WEST gave an unusual degree of impottance to the part of Cordelia, and also received an ample share of universal applause The other characters were ably supported, and the ensemble of the whole was perfect.—The scenery is new and most excellent, and the motion imparted to the trees during the storm, to imitate the effect of the wind, added power-_ fully to the ten ors of a scene, rendered little less than sublime by the sudden breaking out of a cataract, and the partial conflagration. Previous to the per -. far mance of the Tragedy, the Anthem of GOD save the King, with the additional verse, was sung by nearly the whole theatrical corps, with great effect, the .audience all standing and- uncovered, warmly joining in the chouruc. The House was crowded in every part. The Duke of WELLINGTON, the Earl of YAnstouTit, and at long list of distinguished Per sonages honoured the Theatre with their presence. COVENT-GAHM:N.—The excellent Drama of Henri Quatre was repeated last night, amidst the warmest and most universal bursts of applause throughout.— Some judicious alterations and curtailments have been made ; and the general effect is great beyond all recent example. The Piece cannot fail of proving a . lasting favourite of the Public. PUBLIC LIBRARY, CONDUIT-STREET.---We are re quested to state that the New Foreign Catalogue of this extensive and valuable Library, comprising a large Collection of the most esteemed Modern Pub lications, in the French, Italian, Spanish, and Por tuguese Languages, is now ready for delivery; and may be had through any Bookseller in •the United Kingdom, or on application at the Library, where printed Cards of Terms may also be obtained. At this Library, which is regularly supplied with every interesting new Publication, Subscribers may be ac commodated at any distance from town, with what ever Books they desire, by paying a proportionate subcription. Last week, the Earl of CnIVEN visited Southamp ton, and inspected his yacht, which has been taken into Dock, and fresh coppered. his Lordship has given orders for fitting her out with all speed, pre r.irrnory to a short voyage. OF WRLI.INCITON's BANQUFT.—IIIs Grace has had his mansion (Apsley House) filled with work people lately. The grand banqueting room was opened for the first time last night, illuminated in a nyle of the most resplendent brilliancy. This match less apartment, which will dine at least a hundred pin-sons commodiously at one long table, is lighted in the flay by a single window of vast dimensions, next the Park. The pilasters are simple, and very agreeable to the eye. The furai:ure is not yet com plete. A dinner has been given to try the effect. According to advices from Jamaica of the 26th of February, Bouvaa took possession of Calaboza on the sth of that month, and soon after entered Ortez, having dislodged the Spaniards, under MORALES, from both places, after some hard fighting. Part of Bot.tvA a's Army had at rived at Savanos del Ocu mare. Nonti.Lo was at Valehcia .vi 4000 men, where he was to be joined by . the remains of Mon - aces force, Nvith the intention or making a grand stand against the further progress of the \ enezaeleans. According to information from CaJiz, of the 30th ult. the, duties on wine, barilla, &c. the most un- F.pular . measure adopted by ERDINA ND ',previously to hi.; acceptance of the Constitution, have been removed by the Government,. i and an order to th at sect had reached Cadiz. IN th respect to the com mercial affairs of Spain in 4encral, nothing would be done until the deliberations of the Cortes had commenced. LAO INTELLIGENCE. COURT OF KING'S BENCII, APRIL 24. TUE KING U. Slit FRANCIS BURDETT. • This case, which was expected to be heard on Sa turday last (in which expectation . the defendant, ac companied by Mr. HOSHOUSE and another tentle man, were then in attendance), came on for hearing this morning early. Sir FRANCIS BURDETT, attended by the same Gentlemen, was present in Court. Mr: DENMAN said, he had to move the-Court in this case, which *as that of a criminal information, tried in the county of Leicester, at the last Assizes, and upon which the defendant had been found guilty, that the Verditt should be set aside, and a new trial granted. His first ground, in submitting this motion, was, that there bad been no evidence to go to the Jury, of any publication within the county of 'Leicester. He had taken that objection at the time of the trial ; but the Learned Judge was of opinion that there was evidence on which a Jury might de cide, but had reserved to him the benefit of his ob jection at some future. period, previous to judgment. Mr. Justice BATLEY asked, what was the charge in the it:formation ? Mr. DENMAN replied, that the defendant had com posed, written, and published a certain letter, and had caused and procured it to be so composed, writ ten, and published, near Loughborough, in the county of Leicester. The first witness called was Samuel Brookes, who stated that he lived at No. 1( 1 Strand, London. He knew the defendant, and was acquainted with his hand-writing. On being shewn the paper in question, he said he believed it to lie the hand writing of the defendant. It came to him through the hands of Mr. Bickersteth, a professional gentie man ; it was in an envelope w hich had been mislaid. He had formerly looked for it, but could not find it. It was not sealed. He did not look at the envelope to see whether it had a post-mark on it. He could not recollect the day on which he received it. The envelope contained no directions to him, but merely to Mr. Bickersteth to pass it to him. When he re ceived it, he sopposed that it was intended that be should publish it. He sent it to several papers, and afterwards saw it in . The. Times, but could not recol lect when. The letter was dated the 22d August, and he believed he might receive it a day or two afterwards. The letter in question was dated 'Kirby Park; and another letter was also put in as evidence, addressed to Lord Sidmouth, likewise in the defend ant's hand-writing, and containing an admission that be was the author of the former. In addition to Mr. Brookes's testimony, there was that of a person named Tooke, on the subject of hand-writing ; and also the evidence of Wm. Simkin, a toll bar-keeper, near Kit by Park, as to his having seen Sir Francis Burdett riding about in that neighbourhood on the and 23d of August, the letter in question being dated on the 22d of August. There was nothing in all this, as he conceived, from which a Jury could be justified in inferring that a publication had taken place within the limits of the county. The LORD CHIEF JUSTICE asked whether there was not sufficient evidence of the writing within the county? Mr. DENMAN replied inthe affirmative, but argued that the writing must be considered as a perfectly distinct act. It was not criminal.by itself: however mischievous when published it might be calculated to be, yet, as long as the author did nothing more than commit his thoughts to writing, he was under, no legal responsibility. There was an Act of-Par liament which must be familiar to all who were . versed in the history of our Constitution ; he alluded to the Act which reversed the attainder of Algernon Sydney, and in - which this principle was fully con firmed. • By that it was declared, that mere writing' was not a sufficient proof of an intention to publish. The LoRD CHIEF JUSTICE asked whether Mr. Denman had the Act ? Mr. DENMAN said, No ;it was a private Act. He must submit, therefore, that with whatever intention an individual wrote or composed, and however cri mina] at law such composition might be when corn municated to others, the mere writing was in itself no offence. His Learned Friend, Mr. Serjeant Vaughan, had endeavoured to.maintain the contrary doctrine; but it was declared from the Bench, upon that occasion, that the doctrine was untenable. Mr. Justice BEST.—" I stated to the Jury, that as far as Sir Fl ands Burdett was connected with this paper, the only material evidence was as to what took place in Leicestershire. I believe I also Ob served, that in Dr. Hensey's case, which is to be found in the first. volume of Burrough, it was held, that dating a letter at a particular place was evi dence of its having been written there. In the pre sent case, there was also the additional evidence of the toll-bar-keeper, which did not, however, go to any circumstance relative to the letter being sent by the post, but simply spewed that Sir Francis Burdett was near the place at. which the' letter was dated upon the 22d of August. The very first time, how ever, that the letter is seen, it is found open in the County of Middlesex. It had no seal Lon it, and might have been delivered open in Leicestershire, which open delivery would have amounted to a pub lication. These were circumstances which I thought tit for the Jury to consider. The Jury expressly found that it was published in the County of Leices ter; inferring, I suppose, that the letter was deli vered to Mr. Bickersteth, who was not called, and that this delivery took place in Leicestershire." Mr. DENMAN said, he was not aware of any disfi tiuction taken on the trial, as to whether the de fendant had caused the libel to be published in Lei cestershire. The objection on which he relied was, that there was no evidence to go to the Jury of an actual publication in Leicestershire, and as his Lord ship bad said that there was such evidence, he did not address hithself to any collateral question. He now, therefore, urged with great - confidence, that the objection taken was well founded, and insisted that the defendant could not be answerable for the waiting and composing the libel alone, because there' must he a distinct publication proved. The case of the Seven Bishops was decisive to shew the neces sity of making out'the venue- of the publication. The CHIEF JUSTICE said, he wished to be satisfied by some authority, that the mere writing and com posing a libel, without publication, was not a crimi nal act for which the author was punishable. The case of Algernon Sydney was totally dissimilar from , the present. He had before him an authority no less ' than that of Lord Chief Justice Holt, which was quite the other way. - His Lordship alluded to the King e. Beere, 12 Mod. 219, where it was held on anindictment for " composing, writing, and making a libel," a verdict of Not Guilty as to the making and composing, but Guilty of writing it is sufficient. Mr. Dimon rt said, that Mr. Serjeant Vaughan bad so argued at the trial, but he believed that the case referred to had ceased to be law. Mr. Justice BAYLEY called upon the Learned Coun sel to cite some case in which it had been overruled. The case of the King v. Beere had undergone much consideration, in consequence of the decision - In the King v. Payne, adjudged three years before, where the Jury negatived the publication, and found the defendant guilty of the writing, and he was very se verely punished. The King v. Beere fully esta blished the doctrine, that writing and composing a libel, though no publication takes place, is sufficient to sustain an indictment. The CHIEF JLSTLCE said, he was rot aware that the King v. Beere had ever been overruled, and his Lordship read the opinion as there delivered by Holt, C. J. Mr. Justice HOLHOYD said, that in the 9th Har grave's State Trials. 273, there were two cases which expressly laid down the same doctrine as that ruled in the King v. Beere. The whole Court-seemed to be of opinion that this case was still good law, and they also thought the question, whether the defendant had caused the libel to be published in Leicestershire, in order that it might be published in another county, was well left to the Jury, and. proof that he did so was sufficient to support the indictment. Mr. DENMAN said, that neither of the propositions now suggested was under consideration at the trial, and therefore he was not prepared to argue them. He c. me prepared merely .to discuss the question whether there was su:licient evidence to go to the Jury of publication in Leicestershire, and he insisted that there was not, referring to the King v. Watson, 1 Camp. 21.5 ; the King v. Williams, 2 Camp. 506 ; the Dutch . Consurs case, 7 East Rep. 65; and the King v. Harris, tried lately before the present Chief Justice at the Mtintnouthshire Assizes. The Learned Counsel then addressed himself to the second objec tion, contending that he was at liberty to offer gene ral evidence to spew the fairness and truth of the alleged libel. He had tendered evidence to shew that women and children had been inhumanly cut down at Manchester ; but the Learned Judge had refused to receive it. Had this been a libel upon an individual, he admitted that evidence of its truth was not admissible ; but being composed of general observations touching facts capable of proof, he con tended that the defendant was entitled to the benefit of such evidence, to negative the malice imputed by the information. The case of the King v. Horne, in Cowper's Reports, was a decisive audio: ity upon this point, as was also that of the King v. Stockdale, in which Mr. Justice Best was Counsel. The third ob jection was, that the Learned Judge, in his address to the Jury, when commenting upon the Libel Act, 32 George HI. charged them upon the law of the case in a manner inconsistent with the whole Spirit of the Act, the object of which was to leave the Jury to the unqualified exercise of their own judg ment upon the law as well as the .fact.. His Lora -1 ship said, " It is my duty, under the view I take of this Act of Parliament, to tell you, as matter of law, that this is a libel, and it is for you to say, whether l you will adopt that opinion, collecting the facts from the evidence ; and unless you are satisfied that I am wrong, you will take the law from me." This, the Learned Counsel contended, was an objectionable mode of leaving the case to the Jury, who would naturally think they were bound to take the law in this particular case from the Learned Judge, without exercising that privilege which the Libel Act gave them—of judging for themselves upon t►he law as , well as the fact. Upon these three' grounds, there fore, he submitted, -considering the vast import- 1 ance of the case, that the defendant was entitled to a new trial. The Count COURT seemed to think that there was no thing in 'the third objection, and that the Judge, had properly left the question of law to the Jury; but 'The CHIEF JUSTICE said (after conferring v, ith the other Judges)—As at present advised, it does not appear to the Court, that sufficient foundation is laid before us to grant a Rule to shew cause, but we will consider the case furthet before we either grantor refuse it. THE EARL OF DARNLEY V. ROBERT BLIGII, ESQ. Mr..GURNEY rose, for the purpose of bringing to the recollection of the Court the circumstance of Mr. high's application to it upon the first day of the pre sent Term. He had then obtained a Rule to shew cause why he should not be discharged from con finement, upon entering into certain rccognizances. As Counsel for Lord Darnley, he (Mr. Gurney) was not now prepared to shew cause; but as Mr. Bligh had not sued out any Habeas Corpus, it was neces sary to consider of means for procuring his attendance. The Limn CHIEF JUSTICE asked if Lord Darney ' had exhibited articles of the peace during the pre sent Term? Mr. GURNEY replied in the negative ; saying, that he imagined it might be more convenient to dispose of the Rule in the first instance; but if the Court thought other Wise, Lord Darnley was at hand, and would immediately exhibit articles.' He would hare . previously done so. were it not for the Rule which Mr. Bligh had obtained upon the first day of Term. Ldrd Darnley soon after entered the Court, and being accommodated with a seat upon the Bench, exhibited articles of the peace, and applied for-per mission to'retire while they were read, on the ground that the recital would be extremely painful to his feelings. The Court, however, informed him that his presence was necessary, as he would have to swear to the truth of what was read. The articles were then read, and set forth a long course of insult and aggression on the. part of the de fei.dant towards the Noble exhibitant and his family. Mr. GURNEY then applied to the Conn as to ap pointing a day for Mr. Bligh's appealance ; and a Rule was made for bringing him up on WedncsJay. DOW-STUtET.—Yesterday, We Mont Richardsm, a black man, was ful!y committed for trial, charged with accosting a Captain in the Navy, in Hyde Park, armed with a large knife, and with extorting money from him, by a threat of imputing- to. the Captain a certain offence. Summit Cxavx. —Friday last, a poor woman named Bartlett, living at Plymouth, whiLt at her waAln::; tub, suck down, and idstantli expired. THE LATE AGITATIONS. FROM THE LEEDS MERCURY. Since the Assembly oirthange Moor, no further act of violence or riot•'Msl been committed in the districts of the North 4 . .. England which have been lately disturbed. The,eZects, however, of the recent risings have by no means subsided, nor can they be expected to do sosfor some time to come. Numerous arrests have been made i3tnin7., the last week, both at Barnsley and Huddersfield, and a considerable•num ber of persons who were engaged in the late move ments have absconded from their homes. Of these deluded and unfortunate men, some are wandering about at no great distance from their places of abide; shunning the Constables and Military, and other have not been heard of since the night of the Grange Moor Meetintr.. On Wednesday, lour brothers, of the name of hutchinson, were apprehended at Don: worth, near Barnsley, along with a man named Sid; don, on a charge of having attended armed at Grange Moor. Another man was arrested by a party of yeomanry and soldiers, and evinced great fear on being taken; he has made important disclosures. Thomas Ferriman, a person who has long been known as a violent radical, and whose mental sanity ' has been doubted, is one of the persons charged with attending at Grange Moor; this credulous, doatliz, 'old man, has for the present made his escape, but it is expected he will soon be traced and apprehended. The town and neighbourhood ef Huddersfield have been perfectly tranquil since our last, but frequent arrests are taking place. Wakefield has remained quite peaceable in the midst of the agitations in the surrounding places. \"e understand, from une l uestionable authority, that almost all the persons who have been arrested, have with the greatest readiness confessed their share in the violent procet:dings which have taken place and that some of them nave been so anxious to dis burthen their minds, that the Magistrates themselves have, in their clemency, restrained the freedom of their communica:ions. . GLASGOW, APRIL 21. Five pikes, a flag-staff, a gun, a flask of gun powder, and some ball-cartridge, found covered v. itit moss in the Blackmuir Planting, at cathkia, %vete yesterday sent by Mr. M‘Lue, of Cathkin. to Mr. Sal monci'i Office here. They must have been left by the Strathaven Radicals when they encamped•on the Cathkin Hills, and it is likely that the gun is one of those they took from the houses on their road thither. Monday morning last, about four oc.ock, village of Eagleshain was surrounded by a party of Hussars, with a field-piece from Glasgow, under th direction of a proper audio! ity. Some houses were searched, it is said, for two Strathaven Radicals, whom report had placed there as refugees. Not finding them, however, the pat ty returned to Glasgow. We are now enjoying the most perfect quiet in this part of the country, and a great number of those ar rested on suspicion of being implicated" in the late transactions have been liberated._ either simply, or on, a bail so trifling, as to imply no heavy suppesi inn of guilt. It will be found very difficult, we suspect,to bring home this business to any person of the slightest influence in society, and it was to this cit cumstance we have all along acknowledged that our safety was owing-:-the want of leaders among the ranks of the disaffected. We are extremely sorry to say, that there is no improvement, or immediate prospect of improvement, in the wages of our operative-. The Radicals at Paisley are still remaining luiet. We learn that a number of those most active in the late treasonable and rebellious proceedings have fled. The Sheriff-Depute and .Substitu•es have been ac tively engaged in taking precognitions for the last fortnight, and Radical apprehensions take place al most every night. The system of insult and annoy ance to the military and civil power, so common in Paisley previous. to and during the strike of work * is now .almost unknown, and, in the meantime at least, Paisley exhibits apparently a better state of things. A number of the fire-arms which were forcibly taken po;sessinn of by the Radicals, on the two or three first days of April,, have since been laid down, after dark, near the hoUses ft am which they were carried off. APRIL 22. The Ayrshire Radicals have been thrown into con sternation in conserpience of their Secretary and Treasurer at New Milns having given himself up on Friday to a Justice of Peace; by whom he was taken to Ayr next morning. Since this was known, very few that had any connection with him have slept is their own beds. Report says he can criminate num bers in other places besides /4ew s'lilns and Kilmar nock. The attempt at insurrection has given the death blow to radicalism in all that part of the coun try, and the peaceable folks apprehend no more' of it as long as they live. We hear that the body of Radicals who went from Strathaven towards Cathkin, on the evening of Wed nesday the sth inst. amounting to thirteen in whole, were of the very lowest order of the populace ; only one or two were natives, the rest being inconlers.— They were led on by one who had all along been very busy in forwarding business at their Meetings, and who, it is said, on their assembling before their march, tried to avoid accompanying them. Find ing, however, ci v et they would not go on without him, he placed himself at the head of the body with a ilrawn sword. They were very badly armed, having only MO or three fowling-pieces, and two old swords, with some pikes. The Authorities instantly called a meeting of the respectable inhabitants, and appointed a deputation to parade the streets, who, as was formerly mentioned, seized the Radicals on their re turn from their bootless search for the camp of Mar shal Macdonald on Calhkin hills. About Hamilton everything has continued per fectly quiet. All the weavers that choose are eir ployed on the Carlisle road, and about the Palace, -ettinc , nine shillings a-week. . - COAL MARKET, APRIL 24. nir 3 at Market. bides Sold. Ake. ;C_ Neweaqie C 6 50s ad to dii. (4 15 Sundertatid 12 50. Od to Qua CJ _1 ^ Cinders 1 ' • L'Ls Od 111 C; 11. W A TEa at LON DON IIItiDGE TO-1101Z ROW. XL ruing 33 111:11Uiti :After 12 Afte ninon - • 54 LON 1)0.,N ; Printed and riblisked by Lem. Lao: lickets- Ttniple-llur • P caw ____ In fe Or n, rl ands SW i.,el ra Chr-2 15s. tit Tr Co TA T- 1) th.: p in Cl7l r NI 11 Ilea( It ' admil better Pri Iv-. ha of Fa R te-nt of Ai ringe: Italy, Thi• T' mil Alelt UV, test the ] Davi Rev. 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