Star. — London, England, 1822-04-17 00:00:00

LITERATURE. CATIIANI: A TRAOZDY, ilf TIVZ ADM By the Rev. GEORGE CROLY. A.M. Mr. CIIOLY, who is so favourably known to the Public by his Poems of " Paris" and " The Angel of the World," has, with a just confidence of the powers he possessad, not only ventured on writing what is ranked among the highest efforts of genius--a Tra gedy, but be has selected a subject which has already been adorned by the pens of Bart Josisovi, VOLTAIRE, and Calistu.ox, all of whom have made CATILINZ the subject of tragedy. The _ conspiracy of CATMINT., which gave birth to one of the finest orations of CICERO, and which is recorded by SALLUST, is well known in all its details; but the character of CATI LINZ has not been so clearly defined. Cwoto says, " he had a multitude not so much of virtues as of approaches to virtues ;" that he was " austere with the rigid, gay with the gay, grave with the grave, animated with the young,. bold with the bold, and sumptuous with the prodigal!' The.cliftracter drawn of him by SALINST is altogether ambitious, making him start up at once into a vast embodied iniquity. MT. Canty views CATILINE in the poim of view, sug gested by eicsno, 64 that of a man of conscious abi lity and violent passions, doubly stricken down by poverty and public defeat ; lingering for awhile on the depression natural to a proud mind, shocked and benumbed by its fall, but gradually lifting himself into resistance, and finally.girding up his strength for one grand effort of ambition and despair." Such is CATILINE as pourtrayed by Mr. CROLT, in a Tragedy which possesses great poetic vigour, with several touches of peculiar beauty and delicacy. From a Tragedy, one great merit of which essentially con sists in the connection and bearing of all its parts on one great point, it is difficult to detach any portion that can give even a tolerable view of the whole: we shall, however, make an extract from the Scene in which CATILINE receives the sentence of banishment, pronounced by Crczno Cart nts (indignersdy.) Bauish'd from Rome ! What's ha:dated, but set free From daily contact of the things I loathe? 4 Tried and convicted traitor !' Who says this? [With growing violence. Who'll prove it, at his peril, on my head? Banish'd?—l thank you for't. It breaks my chain! I held some slack allegiance till this hour— But raw my sword's my own. Smile on, my Lords ; I scorn to count what feelings, wither'd hopes, Strong provocations, bitter, burning wrongs, I have within my heart's hot cells shut up, To leave you in your lazy dignities. But here I stand and scoff you :--here .1 Sing Mitred and full defiance in your face. Your Consul's mercifuL—For this all thanks. Ise dares not touch a hair of Catiline. (The COMA rinds)—" Lucius Sergio, Catilincs by the decree of the Senate, you are declared an enemy and an alien to the ecue,and banished from the territory of theComsnunwealth.” Tees Comm Liam, Mee. the traitor from the Temple! Cimisa Vous). • Traitor r go—but I reaps. s—trial torot I devote your Senate! I've bad wrongs, stir a fever in the blood of age, make the infant's sinew strong as steel. This day's the birth of sorrows!—This hour's work Will breed proscriptions.—Look to your hearths, my Lards! For there henceforth shall sit, for household gods, Shapes hot from Tartarus shames and crimes;— Wan Treachery, with his thirsty dagger drawn; Suspicion, poisoning the brother's cup; *flaked Rebellion, with the torch and are, Making his wild sport of your blazing thrones; Till Anarchy comes down on you like Night, And Massacre seals Rome's eternal grave! THE SWAMIS rise in nintidt, and cry out, Go, enemy and parricide, from Rome! CATiLDIC (isdipaleily). It shall be so!—( Coin. He amide* retenui.—When Catiline comes again, Your grandeur shall be base, and clowns shall sit In scorn upon those chairs ;—your Palaces Shall see the soldier's revels, and your wealth Shall go to deck his harlot and his horse. Then Cicero, and his tools, shall pay me blood— Vengeance for every drop of my boy's veins And such of you, as cannot find the grace To die with swords in your right bands, shall feel The life, life worse than death, of trampled slaves ! Tan Sexaroas cry rot, Go, enemy and parricide, from Rome ! Cam°. lapel hint, Liston! Clear the senate-house! [They surround him. C.a.m.prz (struggling through gen.) I go,—but not to leap the gulf alone: I go;—bus when I come—''twill be the burst Of Ocean in the earthquake—rolling back In swift and mountainous ruin. Fare you well ! You build my funeral pile, but your best blood Shall quench its flame. Back, slaves !—(To the lictors)—l will return [He rushes lluvagh the portal; the &ene closest There are now living in the cottage of a bbouring man, named Richardson, near the Turnpike Gate, at Brownsgrove Wor cestershire, four children, daughters of the above la b ourer , named Maria, Mary, Swab, and Eliza, all born at one birth awl each three years old an the 1.3 d of March last : they are in perfect health, and strong and hale in appearance, the mother of them having another infant* the breast. Monday evening last, Mrs. MARGARET HOSIER, of Bream's-row, Lambeth, had been with her sister and a juvenile party to a place of amusement, and, on her return home, her clothes caught fire, and she was so much burnt that she is not expected to survive. Her sister was in the room with her, but she was too much overdowered to assist. Monday sennight, a dreadful accident happened to Mrs. BROMISM', of Portland, near Peterborough.— Emile pitch having been put on the fire in an iron pot, and ••covingit to be sufficiently hot, she attempted Wtake it off, in doing which some of the pitch spilt over the pot, and set fire to her clothes, and burnt her in so dreadful a manner, that she lingered until the Wednesday following in the . greatest agony, when death put an end to her suffer ings. An Inquest was on Monday held at the Red Lion, Houghton-street, on the body of Mrs. Milleret, whose. - clothes caught fire on Sunday morning, while sitting in her apartment at the house of her nephew, Mr. Machlin, in Clare-street. Verdict — Accidental eaM. An Oicial Return to an Order of the House of Commons of the Establishment for the Collection of the Customs in Ireland, states the annual amount of salaries at the Port of. Dublin at £64,585. ls. lOd. this includes five Commissioners, whose total salary £s3oo;is one of these cffices, annual salary 4:1000, is now vacant. A like Return for England, for the Port of London, includes nine Commissioners at £l4OO a year each, with £SOQ additional to the Chair., =an, and £5OO additional to the Deputy Chairman. • f... . . LAW INTELLICENCE. whit It' I n b ile p ow tn . d r ive - 1,.., , ration from , charge . COURT OF CHANCERY, Alga )4. Jury, observed, that Abe •htester of the vessel • was The LORD Clllll inettcs, in hi s to the RYDER AND OTH ERSV.PEMSBRYON. . 3 . bound to have made himself ecqnsinted with that Mr. HART movea for an iuncdon to restreie the ar ts of the law which m i re inunedia;ely reprdid defendants, Thomas and Edwin Pemberton, from duties of that situation which he had undertaken transferring certain Bank Annuities standing in their to discharge ; and therefore, in point of law, the action names as executors of their father , -the late S amuel I lay in its present form. But the question was , had Pemberton. The testator died in 1803, and left to there been an injury sustained by the plaintiffs each of his children, who were eight in numb er, the . sum of £4OOO, to be invested in Bank Annuitie s for through hat extent? It his mistake on the present occasion • and if' their use and benefit ; and be appointed as his en-hadso, to w was quite clear that t he thing been done without aoy intention on his part to tutors his widow and the two defendants. The de- injure the owners of thevessel ; and he was, therefore, fendants were now the only executors, their mother entitled to a favourable consideration. The vessel had having died in 1817. The plaintiff was a daughter brought ham 325 tons of coffee, for every hundred of the testator, and she complained that her brothers, of which the plaintiffs received 18s. Now, the Jury the executors; refused to account to her for the in- would say if, but for the manner in which terest of her £4OOO. It might be necessary to in - the coffee was stowed, she have carried home so much ; form the Court, that an injunction of a similar nature and if not, then they would set off so much of the to that now prayed for had been granted at the suit freight as was hereby increased, against the amount of a sister of the plaintiff. The parties, however, had of the fine, and find a verdict for the plaintiffs to the now come to a compromise, and were about to dis- amount of the balance, if it left any ; if it left no solve that injunction, which rendered the present ap- balance, they would find for the defendant. But it plication necessary.—lnjunction granted. appeared to him (the Learned Judge) that the increase BARTON V. --"--. Mr. HEALD moved for a writ ,re axed regeo under did not equal the whole fine. The Jury , however , would form their own calculation, and find their ver the following circumstances :—Some time in 1821 dict accordingly. the plaintiff, Elizabeth Barton, was married to Mr. The Jury, after a few minutes' deliberation, found George Barton, upon which occasion a marriage a verdict for the plaintiffs—Damages 2031. ss. settlement was drawn up between the parties, in which THORNTON AND OTHERS V. BUSK. the bridegroom stipulated that the sum of £2OO, with This was an action on a breach of contract. The accruing interest, should be invested in Government plaintiffs, Messrs. Thornton and Co. are merchants or Other securities, for the benefit of the bride. The trading to Russia. In November, 1820, they con defendant, whom helrould not at present name, for tracted with the defendant for the sale of a quantity reasons which must 1* obvious to the Court, was ap- of tallow, to be shipped from their house at St. Peters pointed trustee under this settlement, and was at this burgh in the month of. July folloiring, by a vessel, moment possessed of £209. Bs. which the plaintiff the name of which they would notify to him as soon claimed as her money, and of which she was appre- as they leained it. The tallow having been shipped hensive of being altogether deprived, since she found in June by the Comet, they advised the defendant that the defendant had actually embarked with the accordingly; but upon finding that, by the terms of whole of his family on beard the ship Mary, with the the contract, (which did not run in the ordinary form intention of proceeding to the United States to settle with the words aon Or before,") that the tallow was to there. The ship would sail immediately, when it be shipped in July,Alley apprised him of the mistake, cleared the Custom-house.—lnjunction granted. informing him at the same time that he might have COURT OF KING'S BENCH, APRIL 16. his choice of either the tallow conveyed by the Comet, MURRAY V. KING AND ANOTHER. or tallow to be shipped by some other vessel in the This was an action on a bond for £2600, con di• month of' July. A fall, however, having taken place boned for the payment of a bill of exchange for in the market, and the defendant supposing that the plaintiffs' mistake had rendered the contract unbind £l3oo. The defence relied upon was, that the con sideration of the bill partly consisted of other bills, Ing upon him, declined to abide by it, and refused to for which an usurious discount was taken. The usury take dietetic*. The plaintiffs, therefore, disposed sworn to, however, was only 12 per cent. while the of it at a loss, and broug)it this action to recover the defendant's plea alleged it to have been 15. amount of the difference between the sum for which Mr. CAMPBELL, therefore, on the part of the plain- they actually sold it, and that for which the defendant tiff, contended the evidence did not support the plea. bad contracted to purchase it. Mr. SCARLETT, for the defendants, argued that The LORD CHIEF JUSTICE was clearly of opinion the plea was substantially proved, by shewing that that the plaintiffs had performed the conditions of the more than the legal interest had been received, which contract on their parts, and that the defendant was was sufficient without proving the precise sum set bound, in point of law, to adhere to it. Under his forth by the pleader. Lordship's direction, therefore, the Jury found for the The LORD CHIEF JUSTICE, however, held that it Plaintiffs—Damages £247. was necessary, in order to support the plea, to prove LONDON SESSIONS. the usury to the full extent alleged in the pleading. A Solicitor, named Church, was indicted for an Verdict for the plaintiff, £l3OO. assault upon a Mrs. Gent, whose house he entered HERRING AND ANOTHER V. GOWLAND, EXECUTOR OF for the purpose of levying a distress for rent. MAMMON, DECEASED. The prosecuuix stated that the defendant knocked This action was brought by Messrs. Herring and at her door, and when it was opened, rushed in, and Richardson against the executor of Wm. Harrison,late behaved in the most violent manner. She was in an Master of the ship Francis and Eliza, of which they advanced state of pregnancy at the time, and was were the owners, upon an alleged breach.of contract. shocrced in such a manner as to render her situation The circumstances were these :—ln 1814 the above peculiarly alarming. He also drew blood from her vessel was employed by Government to convey con- 1 arm, although he had no other business in the house , victs to New South Wales. On her return she was than to distrain for £3. 15s. to take up a cargo of coffee at Batavia. She accord- A woman who lodged in the house said she heard ingly sailed from London under the command of the the prosecutrix cry out Murder !'and on going down testator, with the convicts on board, in the month of stairs, saw her almost fainting, and her arm bleeding. June in that year. While on her voyage she was Upon the part of the defendant witnesses were called who reversed the story. They declared Mr. taken by an American vessel, and continued in the enemy's possession for 24 hours. They then aban- Church had never acted with the slightest violence;! - doned her, and the convicts had her in charge, until, but the prosecutrix had given the greatest provoca through the exertions of the Captain, who procured tion, both with her tongue and her actions. Mr.' Church, both before and after the assault, offered to the assistance of an English man of war, everything out- take the rent at a shilling a week. But the prosecu was again set to rights : she then completed her ward voyage, and landed the convicts ; after which trix rejected that proposition, and took up a cleaver, she sailed for Batavia, and there took a cargo of and swore she would chop the first man that laid{ hold of a chair or table in that house. The prosecu- ' coffee on board, consigned to Bowen and Co. of Lon don. The coffee was in bags, but when stowing it in trix never complained of a blow or a bruise while the vessel, the Captain, after the first tier of bags was the defendant was in the house. laid, had a number of them cut open along theseams, The Jury instantly acquitted the defendant. and the coffee which they contained poured over the The Rucoaeza hoped, that if the rent was not yet others, in order to fill the interstices, whereby the paid, the present prosecution would not induce the vessel was rendered capable of containing a greater defendant to be severe upon the poor woman, whose quantity than if it had been all allowed to remain in anger had led her into the error of misrepresenting the bags. In about three weeks after the vessel left what had taken place. Batavia, Captain Harrison died. In September, 1816, MIDDLESEX SESSIONS. she arrived in the East India Docks, upon which the Yesterday, these Sessions commenced before Mr. loose coffee was immediately seized by the Excise CONST, the Chairman. and a Bench of Magistrates. officers, as having been stowed in bulk, contrary to Before the regular business of the day commenced, the provisions of the sth of Geo.III, chap. 42, which, Mr. ALLEY made an application to the Court in sup confirmed by subsequent Statutes, requires that all port of a petition agreed to by Select Vestries that coffee imported to this country shall be stowed in had been held in St. Mary-la-Bonne and other Pa bags, casks, cases, or chests, containing 1121bs. each. riches, for the purpose of obtaining an order for the The coffee thus seized filled 2599 bags ; for the re- inspection of the receipts and expenditure of the lease of which, after having memorialized the Com- county rates. The Learned Gentleman stated, that missioners several times in vain, the plaintiffs paid a fine of £658 ; and to recover this sum, as the penalty several applications had been made on the part of the was the consequence of the illegal act of the Captain Vestries to Mr. Richards, and o th er O ffi cers of the 1 in stowing the coffee in bulk , the present action was Court , for the ;ape -1, all of which had been refused ;1 and he considered that as those Officers had so acted, brought against his executor. The sum received by the plaintiffs from Govern- the Court, who bad authority over such persons, ought now to make the order. The Learned Counsel meet for the use of the vessel to convey the convicts including £llOO demurrage, was £4900. The f r ei g ht convicts, thought it highly necessary, for the ends of justice, that the world should know how the public money of the coffee was £4.510, and the tonnage £377. had of late been squandered. Here he rematked on Mr. ScAnt.Err, on behalf of the defendant, con- the very sudden and extraordinary disappearance of tended that the plaintiffs had no right to recover, for the County Treasurer. And when it was seen by they had not proved that they had sustained any loss. whom the petition was signed—by men of the highest By stowing the coffee in bulk, the testator had been rank—the motion ought to meet with attention. enabled to increase the cargo considerably. Now, the 'The CHAIRMAN said, that the signatures that were freight received by the plaintiffs, amounting to a bout attac h e d t o the petition would have no more weight 13s. per bag, and the fine only to ss. they had not w ith him in the administration of justice,than were they sitesen that the increase effected by the stowage in the signatures of the most humble individuals. Se this manner did not cover the full amount of the fine. veral notices had been served on him for the purpose, And certainly the plaintiffs were not entitled to much both at home and abroad ; in one case, actually, he &your from the Jury, when they endeavoured to was sitting at dinner with some friends. The service sweep away from the testator's family the hard-earned had been made with such solemnity, that his ac fruits of his labour, to preserve from diminution the quaintaaces thought It must have been nothing less eight or nine thousand pounds which they realized than an order to take him to the Tower. He was from a voyage of two years, performed under cir- aware that the object of Mr. Alley's application cumstances of extraordinary merit on his part, and in `would certainly be obtained by procuring a ntanda-' which he had lost his life; and merely because he saris from the Court of King's Bench ; and if he (Mr. had done that which he thought was most for. their Alley) was to renew his application on Thursday, the advantage, being ignorant of the existence of this re- ' appeal day of the Sessions, the Court would do every gulation ; notice of which, according to the evidence, thing in its power to afford the parishes the informa had only - been gives in 1815 by the Commissioners, tion they sought for. But he must rcluark, that itt t 1 t o l a g &DK* WASAtitili Via 4110Vidaal of a similar op ton to be made . on the 4 eal day, which wits not afterwards proceeded on. Mr. sku.eir *Claimed all knowledge of the fu r . mer application, and assured the Court that the pr e . son voodoo's.' were determined to proc e ed. Th e furt=l l :v a c a ussion of the subject was then adjourned tin lunacies Banter was indicted for wilful and corrupt perjury. In an action brans,* in November last, i n which the parties were Proctor, Bedingbeld, arid Windus, v. Granger, the dekndent had appeased aid given evidence for the defence. It appeared that the plaintiffs were trustees of the estate of Sr Edward Bacon, and had raised this action to try the question whether, by a wall which the defendant had bit*, he had or had not encroached upon the property a sir Edward Bacon, situate in Cursitor-street, Chan. eery-lane. The action was tried before Mr. Justice Parke, in the Common Pleat, aid the defendant now at the Bar swore that he was employed to build the wall in questiOn—that he had built it upon the four. , dation of the old wall, and had not encroached npf, u the property of Sir Edward Bacon. The consequence of this evidence was a nonsuit. It was now avcrrvd in the indictment, that the defendant had been guilty of wilful and corrupt perjury, inasmuch as he k. :e..7 at the time he gave his evidence that the wall bad not been buik upon the old foundation, an..! that it did encroach upon the property of Sir Edward Bacot.. Mr. MANNING, who conducted. the case for the prosecution, called Mr. J. P. Windus, to prove the evidence of the defen 'a it given on the trial. The wit ness read the notes he had taken on the trial. They were the substance of the examination in chief, and did not contain the whole of the examination. Mr. ADOLPHUS, for the defendant, contended that this evidence was not sufficient to convict any man n( wilful and corrupt perjury. The whole examination ought to be produced ; it was not enough for the wit ness to decide what was important, and what unim portant. This point had been decided so long ago as when Lord Kenyon presided on the Bench. Mr. MANNING apprehended that if this doctrine were held, no man could be convicted of perjury ; for it was almost impossible for every word of the exa mination to be taken down. It was, he thought, Alf ficiesit that the substance should be stated. The case for the prosecution then proceeded, under the direction of the CHAIRMAN; anu two other wit nesses were called. By them it was proved th.A. the wall in question was built art the estate. f Ed ward Bacon, and that it had been examined tor that purpose by opening it in three places. The wall was built in a slanting direction, so that alth(iugh at one end it did not encroach, yet in the middle it was four inches and a half, and at the west end seven inches over the line. The case for the prosecntion being concluded, Mr. ADOLPH Us contended that there was no proof which called upon him to examine witnesses for the defence. The CHAIRMAN thought the case was cettmoly a weak one ; but it was for the Jury to decide whether there was sufficient evidence to shew a wilful and corrupt intention in the defendant. The Jury, after a short consideration, found the defendant—Not Guilty. Thomas Agglinton was also indicted for wilful and corrupt perjury. The facts of this case were precisely similar to the last. The defendant, who was the w. rk man of the last defendant, had also given evidence ci a like tendency on the trial.—The Jury found a ..e -dict—Not Guilty. John Symonds was indicted for assaulting Rebecca Burt.—The prosecutrix, who was in the te: vice of 'Miss Deering, of Queen-street, May-fair, wa , , en tlie evening of the 28th of January last, walking alone n? Chapel -street, on her way home, about ni::e o'clock, when a man took bold of her in a very indecent man ner, threw her into the kennel, and ran away. She was so much hurt as to keep her bed for three days, and Mr. Heaviside attended her five days. She WAS certain that the defendant was the man who knocked her down. Edward Deadman, who was in company with Sy monds, corroborated the prosecutrix's statement. Mr. ANDREWS agreed to a verdict of Gtrety,which was given, and the defendant was directed to be de tained until he made her a suitable compen , ation. Waddington, of bill-sticking and radical nolo! iety. appeared to put in bail, and also to traverse to the next sitting of the Court, on a charge brought against him by a watchman of St. Martin's parish, for an a-sault committed by hint last month, when he had forsaken his literary pursuits, drank plentifully of iVhitbreads heavy (to which he is much attached) and Hodgei's "stark naked," and proceeded to perform the pelt of a Corinthian. The little hero, aspiring to a higher Court than the Westminster Sessions, declared his in tention to remove the action by certiorari to the King's Bench, in order to display his oratorical talents. BIRTH. Saturday, in Baker-street, the Lady of Winiazt James, M.P. of a son. _ MA MU ED. April 9, at Polton llouse, Robert Duni!" of Arniston, F. c. to Miss Lithos Durham, only daughter of the late Thomas DL - bans Calderwood, of Polton, Esq. Monday, at St. Margaret's, Westminster, Mr. William F. , ' - rigg, of Walworth, to Ann, elde.t daughter of James W este.. Broadway, Westmiuster, DIED. April 10, James Simpson, Esq. surgeon, late of Ei'liter-squ:. - e, London. _ _ - - - • April 9, at Moffatt, Thomas Wilsor, Est. late writer i• Edinburgh, aged 79 years. OF Amsterdam l2 7 C.F. Ditto at sight 12 4 Rotterdam— le, 8 2U. Antwerp, ex-mo. 12 3 liamburgh... 3 21. U. Altona 37 4 .d. 4 U. Paris, 3day's sight 25 30 P. Ditto • •'5 60 .U. Madrid, &calve Cadiz effect : Barcelona cti Seville ...... 36i I Gibtaitsz...... 3oe !Albans 471 Genoa 44 Venice It& Lie ft 60 Malta ..... Naples l'alenuo ... 1114bott so} Rio Janeiro 46 Dublin O. Cork...—. .... .13 ANDSILVEIL t;ilima, effective 564 PRICES OF GOL: Foreign •Gold in liars . New Doubloons New Dollars... ....... Silver, in bars, staudar4L , - ---- - - -- - --- 3 1710, 0 0 41 . ............ -...... 0 4111 0 4u¢ HIGH-WATER at LONDON Blt I 1)1; To.mouli )W lllrrnang - 311 :dimes Iftar It Afternoon - 11 LONDON; Printed and publidled by lama ILiam, Mew ylacc, ,~ ~~