Star. — London, England, 1820-02-21 00:00:00

t I i : 4 e. ' i I (i 1 F ! 4 THEATRES. LAW INTELLIGENCE. COURT OF CHANCERY, FEBRUARYI9. KrNes TuEATnr..--3, • new Comic Ballet, called Panurge, composed by 11. HULLLN, was produced on Saturday evening. The story is taken immedi ately from an Ooera of the same name by GRETItY, but its origin is to be found in Rabelais. Panurge, shipwrecked on a country called-the Isle of Lanterns, finds the people sacrificing to an idol in a temple close by the shore: they take shelter during the storm, and in the interim Panurge takes the dress off the idol, puts it on himself, throws the figure into the sea, and takes his place. When the natives re turn. he descends from his station, and is received at first with awe and astonishment, but they afterwards assume courage, and celebrate the descent of their deity with feasts and rejoicings. In the Prie,.:ess, Pannrze finds his wife, who reminds him that he is married, which he acknowledges, but intimates that it had escaped his memory in the course of his travels. The re-union of this happy pair gives rise to another ie, and the Ballet concludes. The dancing was elegant. aid the Piece was well received. " Gon .Slve the King" was performed between the Opera and the Ballet, in splendid style. The following ad 6itional verse was introduced: THORNTON V. CAUSTON, HOPER, AND THORNTON. Mr. HART stated that the plaintiff in this case is a Lieutenant-Colonel, and the defendants are, Eliza Thornton, his wife, and her two Trustees. From the bill filed on the part of the plaintiff,-it appeared that •the plaintiff and his wife had agreed on mutual ar ticles of seplration, by which the latter was to have an annuity of £4OO, for payment of which the plain tiff gave security on two houses, one in Lincoln's inn-fields, the other in Dorset-street, Manchester square, and Mr. Causton was appointed her trustee to receive and pay her annuity.. The first half-year became due in Scptember.lBl2, at \‘ hich time C'e plaintiff gave Causton a sum of £lOO, to provide for any issue which the wife might have. The bill then stated, that for this purpose he phiced various sums in the hands of his bankers to enable Causton to pay the annuity of £4OO, and the additional allowance of £100; and it next charged Causton arid Hoper with having formed a plan i with the consent of the wife, to defraud the plaintiff out of his property in Dot,et-stieet, as Hoper had been put in pus'ession of that property, and had begun to injure it very much by alterations which were not called for, The Lord Chancellor having heard this statement qf the plaintiff some time ago, issued an injunction. The case now came on, the answer of Hoper having been put in, in which he most explicitly denied haviag acted in the manner alleged. He had obtained t property in question by purchasing it for £2,625 from Causton, who had the power to sell it. The price was a fair one, as the plaintiff himelf had of- feted to sell it at that rate. Since the purchase he had expended £l5OO in repairs, from finishing which he was prevented by the injunction of the Court. The annuity due to Mrs. Thornton was much in arrear, and by the very articles of separatio:. Causton was autho:ised to sell the property when ever that was the case. The Learned Counsel then • concluded by praying his Lordship to dissolve the Thou, whom protecting :havoc, Has in its bounty given Tn be otrr KING ; Long be its blessing pour'd, • Oa England's Itnyal Lord— Right and might in his sword, Gon save the KING! Dit.MV-LANE—Madame VESTRIS made her first a?pearance on an English stage, on these boards, on Saturday night, in the character of Lula, in ".the Siege?/' Belgrade. This Ladv acquired great popu• larity, about three years ago, by her performance at/ the king's Theatre, and has since travelled in Italy, and fulfilled successive engagements in Paris. The improvement her voice and taste have undergone. during that period, has rendered her a highly ac compli-hed singer, and as the language of this coin, try, though her parents were foreigners, is native to her, there is no obstacle to her becoming one of the greatest oinaments of the English Stage. She was encored in several songs, and her reception was more than favourable, it was entlithiastic. COVENT-GARDEN.—IiIe new Piece of the Anti q:zary was tepeated on Saturday to a very numerous and genteel audience, and amid loud approbation. The Farce of Ban Ton, excellently acted, closed the evening's entertainments. THE ADELPltt.—This Theatre, on Saturday was most fashionably attended. At the end of the first Piece, " Gov Save the King," with the following additional verses (written by Mr. W. J. RHODES), was sung by the whole company, and loudly applauded: Lone! make our cause thy own, Take to thy heav'nly Throne, England's late KING! Father of Truth sincere, Each Briton must revere, Who can withhold the tear? GOD save the KING! Let Fame proclaim thy worth, Echo from heaven to Earth. While Britons sing, Health to this favour'd Isle, Bid every subject smile, GEORGE shall each woe beguile, Gnu save the KING! Soon may all discord cease, Now we arc blest with peace, Loud let us sing ; May we united be, Loyal, yet still he free, Ever a friend to thee, Great GEORGE our KING! SURREY THEATRE—Friday night the Performances at this Theatre recommenced with a Solemn Dirge, in commemoration of the late melancholy events ; after which God sure the King, with additional verses, was sung by the whole company, and conclnded • with part of the Coronation Anthem ;- during which a splendid illumination of his present MAJESTY'S initial% was exhibited, amid acclamations of applause ; the scene represented a superb Gothic Chapel. The following stanzas, written by the Manager, were loudly greeted by the whole [louse: As when the Phenix dies, From kis proud obsequies New glories spring ; So Britain's patriot flame, . Shall revive GEciacr's . name, And shout with loud acclaim Gon save the KING ! Doomed in one hour to !noun O ' er GIORGE and Enw,tap's tun, Virtue and worth; May our KINQ'S Sorrow s cease, Soon may his joys it:crease, While honour, heelth, and peace Ctawn Gt.otint the Foy Mitt ! in t one don. Other Counsel were heard for Mr. Causton and• Mr. Thornton, who read a number of affidavits, in which the allegations of the plaintiff were denied, and the transaction proved to have been conducted on the most fair and equitable terms. Mr. PARKER argued that the plaintiff was right in his application to the Cow t—that the arrears had never taken place—that the annuity was regularly paid—that the prisperty had been obtained by a col lusioa between the parties, and that it was now nearly destroyed by the vexatious and uncalled for repairs of the defendant Causton. The Lotto CHANCELLOR took an able review of the -facts on both sides, and observed, that in his opinion there was not any foundation for the allegations of the plaintiff, and therefore he dissolved the injunction, and ordered costs against the plaintiff. • OLD BAILEY SESSIONS. Saturday, Mary Randall and J. Palmer were al lowed to plead Guilty to the minor offence of having forged El notes in their possession. John Smith was capitally convicted of uttering a forged £lO note, at the shop of Mrs. Appleby, Par liament-street, and C. Harris, of uttering two forged £5 notes to two different grocers. James Griffiths and Witham Jennings, were also ca 7 pitally convicted of uttering two forged £1 notes. . COURT OF COMNION PLEAS, DUBLIN, FEB. 9. MR. D'EVEREUX'S EXPEDITION. WALSH 0. SUTTON. Mr. O'CONNELL, Counsel for Mr. Sutton, applied to the Court to have the fat, granted in this; cause against his client, set aside. There were many defects of form in the affidavit of the plaintiff. Plaintiff's affidavit stated, that on or about the 21st August he waited upon Colonel Sutton, Military Secretary to the Irish Legion under General D'Evereux, at his Office in Eustace-street, and stated to Sutton his intention of. purchasing a Second Lieutenancy in Colonel Power's regiment. Sutton demanded £6O for said Commis sion, and informed plaintiff that he should obtain a recommendation. Darin? the conversation a Gen tleman; to whom plaintiff was unknown, came in, and Sutton said that the recommendation of that Gen tleman was sufficient. Plaintiff thereupon gave the sum of £6O to Sutton, who handed it to one Russell, tailor to the regiment, together with a memorandum, on which was written with a pencil—" .Lodge this in the Bank to the second account of General D'Evereux." In consequence of this agreement, defendant gave to plaintiff a printed paper, in the Spanish langliage, purporting to be a Commission in the Second Itegi ment of Colonel Power's Lancers. The Affidavit far ther stated, that plaint ff embarked on board the Ni chulai, which being unseaworthy, put. into Belfast; and concluded by stating, that the plaintiff is now ad vised, that under a late Act of Parliament the sale of Commissions, &c. as aforesaid, was illegal, and that the said Sutton or D'Evereux is indebted to the plain tiff in the said sum of £6O. The Learned Counsel strongly insisted upon the insufficiency of the affida vit, and upon the hardship of detaining Sutton in prison, or holding him to bail in a case where it was not sworn that he owed anything. Plaintiff's affi davit was, upon this past of the case, entirely equivo cal; it stated a sum of money to be due either by Sutton or D'Evereux, but it did not state that Sutton' owed it: the affidavit did not even go the length of stating that Sutton had been guilty of any breach of contract. A contract was entered into, that upon the payment of a certain sum the defendant was to give a Com Mission to the plaintiff. The defendant was not stated to have violated this Commission ; on the contrary, it was acknowledged that the contract was fulfilled, and that Sutton did actually, in pur suance of the agreement, give to the plaintiff a Com mission as Second Lieutenant--(Much laughter was excited ky this remark; the Court interposed).—The plaintiff charges the act of selling ,the Commissions with illegality; what effect can this have but to de-. feat his own claim? If under this circumstance the plaintiff should file a declaration it would be had, on a general demurrer, or on a trial he would be non suited. It was usual for informers to come forward as penitents, but here• the plaintiff came forward to complain of, and to seek redress for a crime which he himself had instigated. The law would net Allow a partial's criminis to obtain compensation. The set ting aside the fiat could not injure the plaintiff as he could still bring his action; .but, in fact, he has no action, since, if two parties be mutually criminal in We are informed, says the Dublin Journal, that Mr. HA Rim, the respectable proprietor of Covent. Garden, will accept of the Patent of the Dublin Theatre, under an engagement to compensate Mr. JONES, the patentee, for any reasonable claim he may have on the Theatre, and also to settle with the other Proprietors cu fair terms. Wednesday evening, while the Minister was preach ing the Funeral Sermon on his late Majesty, in Sion Chapel, some villains raised a fidge alarm of fire, which threw the congreg ation into such confusion that several of the windows were broken, many per sons severely injured in endeavouring to get out, and others lost their handkerchiefs, shawls, watches, &c. Friday sennight, some malicious person threw a gnantity of poison into the dog-kennel at the High.; shield, near Hexham, which caused the death of se veral of the hounds. Thursday se'nnight, at Edgehead, near. Gilmerton, several carters stopt at a public-house there, on their way to Edinburgh with coals, and drnak pretty freely, while, in the meantime, the horse of 0,.e of them, named John Dobbie, moved off homewards. On coming cut, Dobbie, who was a good deal intoxi cated. laid hold of a horse belonging to one of his c:mpanions, which he insisted was his own ; and, in the: course of an altercation that ensued, the horse in yaestion suddenly moving forward, knocked down, over whose body the loaded cart passed, and • killed him upon the spot. lie has left a widow and three children. About eight o'clock, on Monday evening, a male child, apparently about three weeks old, was found by the watchman, wrapped up in a piece of blanket, lying on the pavement, at the back of the George, in the Old Bailey. It was taken to St. Sepulchre's Woikhott4e, where it is likely to do well. • a contract, neither can have an action thereon: This, ' . anco to detaylis . dediion, but he felt no doubts. The . coupled with the equivocality of the affidavit, is de , plaintiff's situation was one Into which Inany young cisme against tht plaintiff, who has not sworn speci- men had fallen —a foolish gawky of a boy, seeing Acally that the defendant is his debtor; Counsel there- the grand statement in the .Papers, came to shew how fore relied upon the insufficiency of the affidavit, if a fool and his money were soon parted. His Lord- the contract be legal, and upon the illegality of the ship recollected some of the public Papers in this contract, if the affidavit be sufficient. ;City, to have been filled with grand accounts of Ge , Messrs. LLOYD and HUBAND argued on the other aeral D'Evereux—magnificent statements appeared side with considerable ability. Nothing appeared in about the exploits of these Generals and Colonels, this affidavit, from which it could be interred that the I &c. &c: . They found it a peat subject. for filling plaintiff was part/kers criminis— even supposing that sttiffin the absence of the Packets, and the Public was the Foreign Enlistment Bill had the general effect of i dosed with the display of their achievements. It no w i enderiug contracts for commissions illefsal ; y et that I appeared, that the money of the plaintiff was given, could not be a matter decided upon in this motion— and no consideration returned, and his Lordship its illegality could only be proved by circumstances thought it would be hard indeed, if he Ore plaintiffY to be brought forward before a Jury, inasmuch as should be thrown out of Court without even the or the mere enlistment was not a misdemeanour, under portirnity of a trial. the -Act of Parliament, since that Act made certain Motion for setting aside the fiat refused. exceptions, in which this case might possibly be in- lIIGII COURT OF JUSTICINRY, EDINBURGIti chided. The objection against the affidavit could not FEBRUARY 14 stand, for although the conclusion stated the debt to This day the Court met to try the case of Gilbert be due by Sutton or by D'Evereux, yet this state- APLearl and others, from Glasgow, accwed cf sedi-; ment was superfluous, and its equivocality of no cf- tion. The Court has taken up that cf M'Lend first. feet, since she previous statement in the affidavit The indictment charged him with various acts of a ,bewed sufficient facts fur the Court to infer that seditions nature, in what he has publitthed in - the Sutton was now actually indebted to the plaintiff— Paper called the Spirit of the Union, of which he is and the effect of that statement was.not done away Editor, but particularly with an article of the 50th by the equivocal matter complained October, purportingto be an Address to the Citizens of. It would be monstrous to suppose that Glasgow, the language of which is a disgrace to the unfortunate . who had been brought up to town by the pompous the country, though thoroughly adapted to corrupt expectations held forth, and who had been induced the minds of the people. It attacks all public to stake his all upon the faith of these representa- itutions.in general, but it particularly dwells on the Lions, should be thrown out of a Court of Law with- manner in which the taxes are collected, which, it is out redress, and without remedy. The fact of Sutton therein stated, are both unfairly done and in a received the sum of 1.:60 from the plaintiff was brutal way; and it advises the people to oppo se having received distinctly swam, and the circumstance of his hay- 'force to force., It also attacks the Manchester Au thorities in the most uncourteous language. lie is ing written with a pencil the name of Mr. D'Evereux, charged also with Sedition at a Public Meeting. as the person to whose account the money was to be To The Junior Counsel stated, that an objection oc lodged, could not remove Sutton's responsibility . tuned to him on a constitutional point, the mandate suppose that such a circumstance would have that effect, would be absurd ; it would be. said Mr. Hu - bearing date the 27th January, the return of the ci tation the 29th, and bearing to be executed in the band, to leave the unfortunate plaintiff in the situation reign of King George whereas, ipso facto, the atilt! butcher, from v. hom a pair of thieves stole a leg of mutton ; the thief who took it from the stall, gave it 29th was the first day of the first year of the reign of King George IV. The Court, after hearing the to his accomplice, and upon being charged sk ith the SOLICITOR-GENERAL in reply, and Mr. GRANT in theft, swore that he had not the leg of mutton, while support of the objection, adjourned till Friday to his accomplice swore that he did not.steal it.—CLord receive informations, and the ti ar will take place 06 NORRCRY---" And in the present case, the Gentlemen want to give leg bail 1 - 1 —The circumstances under a future day. which this plaintiff, and many other young men, had been deluded, were of the most melancholy kind; it was in truth a South Sea bubble in miniature. There were officers withont rank, soldiers without pav, and Commissaries-General who could not get credit for a stone of' potatoes ! " What will your Lordships think," said Mr. Huband, " when I tell you that Commis sary-General Macnamara, Chief Agent to the Crand Major-General D'Evereux, is this moment suing as a pauper in the Court of Chancery, in a suit in which I am concerned!!" The whole of the plaintiff's case was simply this: did he not, by swearing to having given Sutton a sum of money, for which he got no consideration whatever, make out a sufficient ground for holding the defendant . tO bail? Did he not shew sufficient ground for haring a trial at least? It could not be said that it :sits any hardship on the de fadant to have the case tried before a Jury, and the affidavit of the plaintiff offered circumstances to shew the necessity of either detaining the defendant in custody, or holding him to bail. Mr. O'Corcier..l. having replied, the Court con sulted for a few moments. Judge JOHNSON confessed, that he was not unaware of the strong impression which is felt by the Public, that a base conspiracy has been formed against the lives and properties . of many young men in this coun try; but he thought that under the Foreign Enlist ment Act, the contract upon which the fiat was granted cannot be the subject of a civil action. His Lordship here took an able view of the law of the case, and concluded by saying, he thought, therefore, that the fiat should be set aside. lie felt it to be a l great hardship on the-plaintiff; he lamented it, but could not help it. Judge Moortz did not conceive that sufficient ground had been shewn to set aside the fiat ; it was true that a patticeps crimiiiis could not seek redress in a Court of Law, but this case was not such as to warrant the inference that the plaintiff was a par ticeps criminis. An act main»: per se, would have been one, the effect of which could not be explained away. The act of the plaintiff was not malton per se, it was an act, which until within a few months, almost within a few days, was not forbidden by the law of the land ; and in the Act of Parliament by which enlistment for foreign service was prohibited, it was merely forbidden unless with consent of his Majesty, or the Privy Council. Supposing, there fore, that this case came under that Act, it cannot be inferred, unless upon a trial helot e a Jury, that the case does not come under the reservation which the Act allows. His-Lordship concluded by expressing his opinion, that the only question was, whether the plaintiff's affidavit gave sufficient ground for holding the defendant to bail ? the particular merits of the case were matter for decision at the trial. Mr. Justice FLETCHER felt no doubt whatever as to the propriety of holding the defendant to bail.— Indeed, nothing but the dissent of one of the Bench, (Judge Johnson) for whose legal knowledge he bad the highest respect, could make him consider the point at all doubtful. Ilis Lordship expressed his concurrence with the opinion of the. Learned Judge (Moore), who pieceded. him, and commented, at some length, upon the facts mentioned in the affidavit.— His Lordship could not see that the document which he held in his hand could be considered as a docu ment of auth a ity. It commenced with a false state ment as to consideration—the commencement says, " In consideration of the services," &c. Now, what services• could a poor young man have rendered the South American cause, to - form a consideration for ' 1 his commission ? (Here the plaintiff's commission was read in the Spanish language ; the reading of it caused considerable merriment). How could it be I known that these Generals and Colonels were acting under any foreign authority ? All that the Court knew from the affidavit was, that a sum of money Was given to the defendant, and that no considera lion was given in return, unless a pencilled memo randum, and a paper in Spanish. Lord NORBURY considered this a matter ofgreatpub lit interest. He coincided with his Learned Brothers (FLExtrica and Moons) in the opinion, that the fiat ought not to be set aside. It he felt any doubts upon the subject, he would have felt it due to its import- CLERICAL INTELLIGENCE. OXFORD, FEBRUARY ». Saturday, the following Degrees were conferred: • MASTER OF ARTS. The Rev. Frederick Charles Spencer, Christ Church. BACHELORS OF ARTS. The Rev. Henry Palmer, Worcester College. Christopher Sidney Smith, Corpus Christi College. John Leigh, Brasennose College. Bernard John Ward, Trinity College. • James Lspinasse, lialliol College. Thursday last, the Rev. Robert Mason, of Queen's Caere, was admitted Bachelor in Divinity. • ECC LEST ASTI CAL PROMOTION. The Rev. Mr. Lowe is presented to the Vicarage of Hallow, Worcestershire. Mr. EDWARD Bnoww, Registrar of Eton College, was on Thursday appointed Chapter Clerk to the Col lege of Windsor, in the room of THOMAS HATCH, Esq. who has resigned. The whole of the Canons of Windsor were present at his late MAJESTY'S funeral, with the exception of Dr. Coonsow and Dr. DODSWORTH. We regret to say that Dr. HEA rii was led out during the service, i serionsly ill. The Rev. Canon is since recovered. It was observed on Wednesday, by the Rev. Mr. CLAYTON, a Dissenting Minister, that of 110 Minis ters of his persuasion, who had presented the Address I to his Majesty GEORGE 111. on his Accession, not oae was now alive. _ __ _ _ . His MAJESTY has given a donation of 100 guineas to the Welsh Charity School, in Gray's Inn. lane, of which he is Patron, in addition to £lOO, his annual donation. BI At Worthing, on the 19th instant, the Lady of Captain Pren dergast, of a daughter. Monday, the Lady of Sir Oswald Mosley, Ban. of Rolleston House, Staffordshire, of a daughter. Thursday, at Wimbledon, the Lady of the Rev. Joshua Rud dock, of a son. Feb. 10, at Dublin, Lady Harriet Paget, of a sen. Alerrion.square, Dublin, the Lady of the Hon. Junes Butler, of a son. At Ranelagh Lodge, Dublin, the Lady of Captain Henry Harrington \Vail, of a son. In Mountjoy-place, Dublin, Viscountess Masaareene, of a son. IA fiRIP.D: The Rev. John Topham, B. A. 111..c1 Master of Bromsgrovs Grammar School, to Isabella, daughter of Thomas Bowes, Eaq. , late of Darlington, Durham. The Rev. William Natal!, M.A. incumbent of St. Peter's• Chapel, Swinton, to Mrs. Hall, daughter of Mrs. Higsion, d Rivington, Lancashire. Thursday, at St. Giles-in-the-Fields, the Rev. James Cum.: ming, Professor cf Chemistry, in the University of Cambridge, to Sarah, elder,. daughter of Charles Ilumfrey, Esq. Tuesday, at St. li.Aolph's Church, Cambridge, the Rey. Jo.. seph Milner, B.A. of Catharine-Hall, to Mies Crompton, niece to the Wi Li Rev. Dr. Milner, Master of Queen's College. At the friends' Meeting-house, Youghal, Joshua Richard Jacob, Esq. oT Waterford, to Julian Catharine Hewetsaa, daughter of the Rev. Mr. liewetson. Jan. 51, at Dur.lfries,'Benjamln Nicholson, Esq. Surgeon, to Miss Margaret Id' Gowan. DIED. The Rev. Thomas Haweis, LLB. .LA. Rector of All Saints, Aldwinckle, Northamptonshire, Chaplain and principal Trustee of the Lite Countess of Huntingdon, founder of the I.ontio3 Missionary Society, and Father of the Missions to the South.Ses Isk,ods. , Moeday, the best ult. at Wetherhy, after a long ilinesst lam Booth, wife of the &vs. J. l'exith, Preacher in the Wesleyan connection; and on Sunday se'nnight, the Rev. J. Booth, after s very short illness. Wednesday, aged 28, after a lingering illness, at- Norwich.," Maria, wife of the Rev. G. Carter. Wedntsilay, on Putney-heath, Mrs. Wood, relict of the late Dr. Wood, of Buntingford, Herts. At Douglas, Isle of Man, Mr. Joseph Archer, aged 85 yrarsir sixty of which he had been on the half-pay list as a Lieutenant. At Jamaica. on the Ith November, :Major John Owen, a the 61st Regiment. July 24, in the 23th year of his age, at Budge-budge, near Calcutta, Lieutenant George Chidley Coete, of the Wth Ngivo Lnfantry. At Cluwman Cottage, near Portadown, Lieutenant William Camtbell, late of the 91:11 Regiment. I itch , in Condor., Mr. John Silk, of Queen's College, Cam- . bridge. It is so - prised that too close an application tat his sty dies, and particularly those in the Oriental Languages, in which he had made considerable proficienry, has brought this youth te• an early grave. HIGH.WATER4t LONDON BRIDGE TO-MOaDVi. 31cl-cling - - 16 rainutes &h a' $ Arta/pew - _ _ LONDON ; minted and wattlisht a! by Lyn/. JUN:, Ithakvas riace, Teraple-U*, e It's I.