Star. — London, England, 1821-08-17 00:00:00

• Ti.JEATRICALS. ENGLISH OPERA HOUSE.—A New Melo-Drama, in two Acts, under the title of The Millees Maid, founded on Btoostrizto's favourite Poem, was last. night produced at this Theatre. The following were the characters: Gilbert, the Miller - - Mr. Bastrunr. • Giles Mr. Em I the Miller's Men icar. George Dlr. T. P. Coots. Many - Mr. Ha FILM Grainger - - Mr. Rowaarson.• Gamekeeper - - - The Miller's Wife - - Mrs. GROVE. Phoebe, the Miller's Maid - Bliss KELLY. The story is briefly as follows:—Phorbe, the heroine of the Piece, the orphan daughter of Grainger, an )Id - soldier, supposed to have died abroad, is left, with an infant brother, George, wholly destitute, by the sudden death of their mother. Both the childredo in consequence go to the workhouse, from whence George is, at an early age, sent to sea. Phoebe being treated with harshness by the mistress of the work house, at length, in a fit of despair, absconds ; and, to avoid pursuit, quits her native village. Pnovt- DESICE directs her, in the midst of a severe storm and the darkness of the night, to Gilbert's house, where she craves shelter and protection ; both are extended to her by the hospitable miller, and his no less hospitable dame ; who, on learning the stoty of the unfortunate little Wanderer; and having no chil dren of their own, adopt her. Five years roll on, when a sailor, wrecked on the coast, ,applies for em ployment at the mill ; lie is received into the house by the miller, and employed as the fellow-servant of ' Giles and Phoebe. He begs to conceal hi s name, giving only his christian name, George. Giles and George both become candidates for the affection of Phoebe; but the softer manners of George are pre ferred to the rough and unbending temper of Giles ; and, with the sanction oilier friend the miller, she is about to become the wife of the favoured Inver; when each explaining, at the icquest of the miller, [their previous history, they discover that they are brother and sister. (si/es then claims of Phoebe the performance of a reluctant promise, given by her, that should anything happen to prevent her marriage with George, she would have him. She expresses reluctance to perform this promise, especially as George declares he has still hopes, raised by some vague expressions dropped by his dying mother, that they are not so nearly allied as circumstances seemed to declare. Giles, irritated at this disappointment of his bores, deter mine;, with the assistance of his friend, the Gainckeeper of a Gentleman in the neighbourhood, to carry her off; and accomplishes his object. The Gamekeeper, however, having his own ends to serve, betrays his friend, and attempts, having got the un foriunate Phoebe in his power, to accomplish his own brutal purposes; but Giles opportunely comes up, and sases her fiom the effects of the Gamekeeper's brutality, though at the risk of his own life; touched by remorse,' he determines to restore her to her friends, and returns with her at the instant when the 'sudden and unexpected return of Old Grainger serves to unravel the mystery attendant on the births of George and Phoebe; it appearing from his explana tion,-that Pkebe was his child by Nature ; George was only his son by adoption. He therefore sanc tions their union, and Giles getting the better of his prejudices, joins the bands of the young couple.— Gilbert gives his mill as a portion to his adopted daughter, and the Piece ends happily. The Author, in dramatising this Piece, has . adlieled as , closely as possible to the original Poem, and has executed his task most happily. BARTLEY gave an excellent pic ture of the honea Miller. Of - Miss KELLY'S Phoebe it is unnecessary to speak; bet excellence in this line of acting stands unrivalled. Our old favourite, EMERY, commenced his engagement at this Theatre in the character of Giles. The character of the rough and stubborn rustic received a just and most forcible delineation in his hands. He was loudly and most rapturously applauded. T. P. COOKE'S George was marked with the usual talent of this performer.— Itowsorrost gave a con e'ct picture of the old soldier. liantey has an original character assigned to him, that of a rustic actuated by an unconquerable pas sion to become an t.utlior, but unfortunately labour ing under a great inconvenience in consequence of not being able to write. He made the most of the character ; it was indeed original, and kept the au dience in constant laughter. The Piece was an nounced for repetition this evening, by Mr. BAItTLEY, amidst general applause. The Numbers of the New Mohtkly Magazine (New Series) have been just rerrinted in America. The Publishers introduce them with the following ob servations : " If we might assume so far as to give our opinion, we should express a hope that, from its miscellaneous and attractive cha. racter, this .s.lagazine will be more generally read than either of the celebrated Quarterly Journals whidt ,;way the sceptre over the literature and politics of Great Britain. A very large class of readers, who have neither time nor inclination to study the profound philcr.ophical and political clisythations of the E•l;7l!..nrgh and f.::tarter/y,would turn with pleasure and advantage to the sprightly Essays, the rational Poetry, the entertaining Biography, and the vigorous Criticismts of the New Monthly.— To American women it is confidently believed that it will be an acceptable acquisition, and it is offered to them without hesi tation, as at a time when some of the most popular Authors of the age have so fir forgotten their duty, and mistaken their in terest, as to lend their influence against the cause of virtue—the writers for this Magazine have found the art of being easy and cheerful without licentiousness, and have excited the imagination without corrupting the heart. That such will be its character in future no other assurance need be given, than the name of the Author of the /Yeastires 11 Hope, and (krt.& of Wyoming." ANTIQUITIES.—In the vestibule of the Church of Dunkeld, formerly the choir of the Cathedral, is to be seen the magnificent tomb of ALASTAR MORE ig‘AN flit,, son of ROBERT 11. of SCOTLAND. Not withstanding its great antiquity, it is still in good preservation. Time does not seem to have injured this beautiful piece of antiquity so much as the care lessness of man. During the repairs which the Ca thedral has undergone, particularly about 1760, it has been partially damaged. To the credit of those employed in the last repair, it should be stated, that' it received no injury whatever, although it was moved from one end of the building to the other.— The statue is nearly entire, and is of a size almost gigantic. The inscription round it, as far as it is le gible, is to this effect : “ Hie jacet Alexander Seneschalus, Milts Roberti, regis See,- torum et Elizahethz hlorz, Rominus de Buchan et Badenoch, obfit "." LAW INTELLIGENCE. INTERESTING CASE—SECONDARIES' COURT. PICKFORD V. ELLIOT. This was a writ of inquiry to assess the damages in an action of assault and false imprisonment, in which the defendant had suffered judgment to go by default. Mr. C. PHILLIPS proceeded to state the case to the Jury. The action was brought by William Pick-, ford, the plaintiff, against Henry Augustus Elliot, the defendant, to recover damages for a trespass, an assault, and a false imprisonment, and to recover the value of property belonging to the plaintiff, of which the defendant had violently and wrongfully pos sessed himself. It might be necessary to inform the Jury, that the plaintiff was the son of one of the most respectable meichants of the City of London, who had been a governor of upwards of twenty Charities, and who at the-time of his death was the oldest Go vernor then living of Christ's Hospital. His pro perty, and, he trusted, his respectability, had de volved upon 'his children, and Mr. W. Pickford was now a merchant of the City of London, and the owner of several ships, ore of which was the Resource. The defendant, Mr. Elliot, was the Captain of a sloop of war, the Icarus, of his Majesty's Navy. In the year 1820, the plaintiff went in person on board his ship to the Brazils, in consequence of the value of the cargo, which consisted chiefly of dollars to the amount of £lOO,OOO. There was on board the ves sel a carpenter of the name of Patteson, a very skil ful workman, whom the plaintiff had occasionally indulged, when they touched at any port, by allow ing him to work ashore on his own account, and al though he might have stopped his wages during such period of indulgence, he had never done so. There were some persons in whom indulgence failed to create.gratitude, and unfortunately Patteson was one of them. When the ship arrived at the port of Rio Janeiro, he asked leave to go on shore, but as Cap tain Pickford had no pratigne, as it was technically termed, with the shore, and as Patteson had abused the indulgence which had been granted him on .a former occasion, he refused to let him go. Patteson became discontented ; and he contrived to communi cate this disci:intent to tl:e rest of the crew, so that it rose almost to absolute n:utiny. As the Icarus sloop of war was lying near the vessel, Captain Pickfort! thought it right in this emergency to apply to ship of war which bore his Majesty's flag, and he ac corditil.4ly oidered out his boat, and went on board the Icarus. He did not set: the defendant on this occasion, but he saw a perfect Gentleman, the lion. Mi. Maude, the First Lieutenant, who was at this time in Ireland, and who could not therefore, he ie. welted w say, be called as a witness in the cause, be cause, by a strange anomaly in the process of tl e English law, a subpoena did not run to Ireland.— lie represented the situation in which he was placed by the mutiny of the ca: palter, and Mr. Maude, with that propriety which generally characterises the Offi cers of the Navy, instantly ordered a Midshipman, and a number of marines, to go on board the Re source, and bring the mutineer Patteson to the Icarus. Captain Pickford was at this time in a bad state 01 health, and, in addition to the misfortune of a debi litated constitution, he had a child lying on its death bed at'a house in Rio .laniro. He went on shore for the purpose of seeing his child before its death, and while staying at the house he received a mes -.age from Captain Elliot, at the purport of which he was not a little astonished, for he was told that, unless he repaired, within half an hour from the receipt of the message, on board. the Icarus, and paid Patteson whatever sum he demanded, Captain Elliot would send an armed launch on board the merchant ship, the Resource, and take out dollars to the amount of l'atteson's demand. The distance of the house from the shore, and the state of the plaintiff's he,alth, rendered it impossible to comply with the summons of the defendant within the time prescribed, and the plaintiff therefore wrote a letter to Captain Elliot, in which he deprecated the threatened outrage, and stated his readiness to make every effort in his power to see Captain Elliot as soon as possible. He accord ingly did repair on board the Icarus, and it was there that he had the misfoi tune of a fast interview with the defendant. As soon as he came on board, Captain Elliot abruptly accosted him, by observing, that there had been a great deal of troublein settling the accounts between him and his carpenter, and added, " I desire you will settle them instantly." The plaintiff said, be was quite ready to settle them, and drew a cheque for the sum due to ratteson.— Captain glliot objected to the cheque, and said, "Come, Sir, that is not your name; by G— you are falsifying your signature." Tile plaintiff in vain pro- , tested that he was a respectable merchant, incapable of committing such an act; the Captain swore that lie was a shabby fellow, and ordered a fresh cheque to be drawn for the whole sum demanded by Patte son. • Upon the plaintiff's refusing to pay this sum, as it amounted to £9 more than was due to Patteson, Captain Elliot said, "If you do not pay it instantly, I will tie you up ell the gang-way and give you six dozen lashes, if it cost me 1:5,000." Capt. Pickford replied, that he was on board his (Captain Elliot's) vessel, and that he knew he was in his power; but he would not dare to commit such an outrage upon him when there were British laws to appeal to for redress. He requested the Officers of the ship to give him their names, as witnesses of this transac tion. Captain Elliot forbade the Officers to give their names at their peril. " And now for your in solence," said he, turning to the plaintiff, " I declare you a prisoner ; send off his boat : I will not take your dollars, but by G— I will take your three top-sails." This order was no sooner given than executed;—in vain the plaintiff represented the danger which would arise from dismantling his ship in the event of a storm. Captain Elliot ordered out an armed launch to go on board the ship of a British merchant, and actually brought away the three topsails to the Icarus. The plaintiff was in the meantime detained a.prisoner on board the sloop of war ; he appealed to the hu-. manity of Captain Elliot to inform his wife of his situation ; his request was denied; he begged to be allowed the use of pen, ink, and paper ; this, too, was refused. It was lamentable tts reflect on the degree of tyranny which was exercised on board a ship of war ; the Autocrat of the Russias was not more de spotic than the Captain of an English frigate. But, though Captain Elliot would neither inform the plaintiff's wife of his situation, nor allow a father to see his dying child, he could go on shore himself for his own amusement, and as he probably learnt on this occasion that the man on whom he had commit ted so gross an outrage was one of the most respedt able and honourable merchants that ever traded frOm the British shores, he thought proper, after the expi ration of six hours, to give orders for his liberation. Captain Pickford applied, as soon as he got 'on shore, to the Authorities of the country, and a criminal warrant for piracy was, issued against the Captain of the Icarus, which was only not executed because the defendant fled under the flag of England from the port. The defendant had at first the hardihood to deny that he had committed the offence with which he was charged ; but, after some consultation with his legal advisers, he found it would be useless to follow up insolence and oppression by audacity in a Court of Justice, and he had therefore confessed upon the record that he had imprisoned and plundered the' plaintiff. The damages were laid in the declaration at £2OOO, and the Jury would see whether any cir cumstances of mitigation could be adduced to dimi nish those damages. Having now stated the case, he would ask the Jury, whether, if he succeeded is' establishing it by evidence, it was not one of consi derable aggravation? Let them call to mind the total absence of all provocation—the insolent lan guage by which the outrage was accompanied—the prohibition of all communication with the shore— the scene, the defendant's vessel—the witnesses, the defendant's crew—the threats of the defendant, from which he abstained, and those which he actually car ried into execution by the plunder of his property and the imprisonment of his person, an imprisonment aggravated by the state of the plaintiff's heahh, by the illness of his family, and by the rank which he most deservedly held in society. He would not de grade any one of them by supposing for a moment that he would deem it sufficient to give his client re paration for the mere personal suffering, however poignant, or the mere loss of property, however con siderable, which he had sustained. He was persuaded there was not one of them who did not feel that he had a much higher duty to discharge, who did not feel that he was that day called upon to tell the Commercial Community of this great Metropolis at what sum be would estimate such an outrage com mitted by a British Officer upon a Biitish merchant ; to tell the liavy of Great Britain whether their flag waved for the protection or the oppression of the people—to tell this armed and presumptuous inno vator that we were not yet reduced to submit to either naval or military jurisdiction—to convince him that there was a power in England paramount to the sword, a power which patriotism created, which wis dom had nursed. and ages rendered venerable—the power of the Law, which, while it maintained the rights of the proud and the wealthy, extended its fostering shield over the cottage of the peasant, and protected him against oppression, though mailed in armour.— There was one way by which the Jury might equita bly estimate what dal:ages were due to his client. Let them say what damages, under similar circum stances, they would claim for themselves, and he asked no more. Let them consider for what sum in monies numbered they would be content to undergo such treatment as his client had received ; let them consider at what price they would endure not only in sult, but plunder—not only plunder, but imprison ment—not only imprisonment, but menaces the most odious and revolting. Let them consider, in short, for what sum they would consent to be told that they should be flogged at the gangway of a man of war, aid be exposed to the jeers and derisions of a com mon crew of hireling dependants. If any man were base enough to tender a sum as the price of submis sion to such indignities, would they not dash in the ruffian's face the proffered wages of dishonour ? Let then , reflect, too, on the place in which the outrage was offered. It was not in one of our own ports, where his client's character might have borne him high and buoyant above such indignities. No, it was on a fo reign station, in the face of strangers, that a British Officer, the natural protector of our commercial in tere,ts, had presumed to degrade a British merchant into a slave. It was on a foreign station that he had , insulted, plundered, and imprisoned his client—on a foreign station he had violated the law, and tram pled on the flag of England—from a foreign station he fled beneath a red cross banner to escape a criminal warrant for an act of piracy. In the name of the British Navy, he protested against such an outrage — in the name of that flag which had never waved but in support of freedom and independence, he protested against such vile and unprincipled oppression; he protested to Goo he almost merged the insult to his client and to the laws in the outrage which had been offered to the commercial community of London, and the still greater cutrage which had been offered to that sacred ensign which for so many ages had borne our name in triumph through the world. He in treated the Jury to consider the case, stripped of all colouring, divested of all aggravation. What excuse could the defendant plead ?--what possible palliation could he allege? Would he say that his client ap pealed to him? True; but it was for aid, and not for oppression. Would be say that his client was in debt:' It was at any rate a disputed debt; but even admitting the debt, who, he would ask, made the ddendant the arbitrator? What right had he to plun der the plaintiff to the alleged amount? Who gave him :he right—a right which belongs not to the 'himself—to imprison without proof or pro cess ? Who gave him authority to insult a respect able British merchant on his own quarter-deck, surrounded by his own myrmidons, where there was no chance of escape, no possibility of resistance?—: Did he imagine that his uniform gave him the right of resorting to such lawless violence? He trusted the verdict of this day would undeceive him, and convince him that we were not compelled to submit to military or naval oppression. Did he suppose that the distance from England took away the blessings which belonged to the birth of an Englishman? He trusted the amount of the damages which they would. this day assess, Would teach him a different lesson,' and convince him that wherever the Briton journeys he bears about with him the blessing of his birth right: It protects him at home, it walks abroad with him like his moral shadow, it courses the sea, it tr.& v beotßhv e fyre t ei t s e dtrhoci er s sneot theaanalnsnmtc laws,edhi t s naini e sotno r en .htdrrsov, protected rhn t , indissoluble, oerae i lh : nehegcweyteehdihdas atsbebdt vyyi t hi s thersiseasas neithergeduaura guardian dldaleibarpenthert circumstances; weakened owsuh eedsiwhathenldeu ty to discharge, and he was satisfied they would dis- • charge it faithfully and conscientiously. If such an outrage had been Committed by a foreigner, the Go veroment would have Wren it up ; it would have be. come . a national concern, and the foreign Power would have been called upon to make reparation f the insult. How much more odious was the offence when committed by an officer wearing the uniforn• of the British Navy, upon the deck of a British mafi - of war! He committed his client's case fearlessl into their hands; he surrendered it to their sacre,i consciences; and he asked no more damages char, they would themselves expect to receive if they had been so plundered in their property, imprisoned in their persons, and threatened to be tied up to the gangway and flogged, even though it should cost the defendant £5,000, amid the jeers and scoffings of a hireling crew. He was persuaded they would return such a verdict as would mark to the commercial community of this country their sworn opi n i on o f such treatment, inflicted by a British officer upon a British merchant. These, which were the leading facts of the case, were proved in evidence. Mr. ALLEY then addressed the Jury in mitigation of damages. He contended, that the case, when ,/ stripped of all the verbiage with which the plaintiff's Counsel had surrounded it, was one which called 'f only for very moderate damages. The error which the defendant had committed was rather an error in ; judgment, than an error of the heart. He was nct in a condition to•pay large damages; for though con nected with a family of high rank, he was a younger brother, and his only patrimony was what he could earn by his sword. Under all the circumstances, he was sure the Jury would consider this a case which called for very temperate damages. : The SECONDARY briefly recapitulated the evidence. The Jury retired for a short time, and returned • with a verdict of—Damages for the plaintiff, £l,OOO, flow-STREET.—Yes terday, /Wants, B. Dal.,:tley, IV. Tassell, and T. Adams, jlin. the former threeEi ermen of Hastings, Sus es, and the latter a boy, 12 years of age, son of the first named prisoner, were charged with stealing doubloons and other specie,to the amount of nearly £4.0900. About three mont hs ago a Mr. Jacobs was coming from Calais to Darer, by a packet, with the above specie, but the boat in which he was landing was run down by a smack, and Mr. Jacobs was drowned, with the property about him. The other passen 'ers were saved a i bills were circulated, offering £l,OOO fOr the restora tion of the property. No more was heard of it, how ever, until about three weeks ago, when at a fin; •...J near Hastings, the younger prisoner, having n.. 0 some liquor, boasted that one night, while he wa sea with the other prisoners, they trawled up tit body of a man, about whose per..ou they found a it • full of guineas, and a gold watch. About this time the wife cf the elder Adams offered the gold case (a a watch for sale to a tradesman in the ti,wn. The, facts excited suspicion, and information was sent t, the relatives of the deceased ; and on the application of Mr. Evitt, of Haydon-square, their Solicitor, an Admiralty warrant was granted, and J. Smith, the officer, brought them to this (Vice, when their So,i• citor contended for their discharge, no felony having been committed. Mr. STAFFORD, h )wever, stated, that in law if an owner of any property was k ii • WII, and the finder appropriated it to his own use, it felony. Sir It. BARER and Mr. Evitt expressed their hope that they would return the property if they had found it ; and the latter even prom.sed the re ward of £l,OOO on its being given up. Mr. Evitt de clining to proceed, the prisoners were discharged. MANSION-HOUSE.—Mr. Murray, the Secretary of the " Constitutional Society," preferred a complaint against C. Saunderson, twelve years of age, wl o serves in Mr. Carlile's shop, for publishing his Ad dress to the Rffonners of Great Britain; and his Lord ship having perused the pamphlet, and taken the ad• vice of one of the City Law Authorities, issued his warrant for bringing the offender before him. Mt Murray called G. Holt, of Union-street, Battle bridge, accountant, who deposed that he bought the pamphlet in question, on the 51st of June, of the pri soner, who was serving in the shop, 55, Fleet-street. Mr. Mason, a printer, on Clerkenwell-green, as the friend of the boy, submitted, that the informant had sworn only that a certain book was sold to him, without swearing that it was libelous ; and therefore the case was not sufficiently made out to call for bail. The LORD MAYOR said, that in his opinion, the pub lication was of such a nature as to require bail. Per• sons had already been convicted for selling the Lame work. Mr. Mason then suggested, that not being 14 years old, the boy could not be guilty of a misde meanour according to the common law; however, he was told he was mistaken in his law. Mr. Mason then, as a last effort, begged the prisoner might be remanded for a week, and reminded his Lordship of the proceeding against Mr. Murray, which had stood over from time to time. The LORD MAYOR, how ever, persisted in his opinion that bail was necessary; and as the zeal of Mr. Mason did not carry him so far as to become responsible for the boy's appearance , he was committed, and Holt bound over to prosecute. BIRTH. August . 7, at the house of Mrs. Fell, in Ulverstone, the of R. W. Smith, Esq. of the Hon. East India Company's ship Lowther Castle, of a son. MARRIED. August 9, at Mellerstain, Evan Bailie, jun. Esq. of Dochher, to Miss Charlotte Augusta BaiMe Hamilton, second daughterd the late Rev. Archdeacon Charles Bantle Hamilton. DIED. February 15, at Calcutta, aged 20, of the cholera Norton, in the Hon. East India Company's Civil Service, Edward, youngest son of the late George Milieu, Esq. East India Director. August 5, at Gilmerton, iss Jean Helen Waldie, aged IS, only daughter of Lieutenant Waldie, late 18th Hussars. ' August 8, at her house, in Dingwall, Ross-shire, aged 90 1 Mrs. Isobel Simpson, widow of the late Rev. Thomas Simpson, many years Minister of the Gospel in the Parish of AvOctri is the same County. August 10, at Hampton-court, after a few hours illness, the Hon. Dorothy Charlotte, widow of the Hon. George hisintsg t, eldest sou of John, fifth Earl of Sandwich. MAILS Tills DAY.—ARR. nut. •RIL mi. Dublin 1 0 Lisbon 0 0 Waterford 1 0 France 1 0 Guernsey and Jersey 1 0 Hamburgh 2 G Holland 1 0 Gottenburgh 0 I Flanders 1 0 Leeward Islands 0 0 Malta 0 0 Brazils 0 0 --- HIG H- WA TER at LONDON iIItIDGR TO-i.:0111t 0i4. Broming - 4 minutes after Afternoon - - 126 - 5 LON DON Pritte , rai;;lt).l)li:tht Kau, Pickett. Place, Temple-Bar. The giga . ii torur qui of his own amusement, and as he probably learn t on char g e it faithfully and conscientiously. If such an • TrIFATRICALS. - .. LAW INTELLIGENCE. this occasion that the man on whom he had commit- outrage had been Committed by a foreigner, the Go .a.—. ted so gross an outrage was one of the most respect- vernment would have taken it up ;it would have be• ENGLISH OPERA HOUSE.—A New Melo-Drama, INTERESTING CASE—SECONDARIES' COURT. able and honourable merchants that ever trad ed from come a national concern, and the foreign Power • PI CKFORD V. ELLIOT. in two Acts, under the title of The Miller"; Maid, the British shores, he thought proper, after t he ex p i- would have been called upon to make reparation fai founded on Ihoometzeo's favourite Poe m, Was last. This was a writ of inquiry to assess the damages in an action of assault and fals e im p risonment, in ration of six hours, to give orders for his liberation. the insult. How muc h more odious was the o ffence night produced at this Theatre. The following were which the defendant had suffered judgment to go Captain Pickford applied, as soon as he got on shore, when committed by an officer wearing the uniforie the characters : upon the to the Authorities of the country, and a criminal of the British Navy, deck of a British mar, Gilbert, the Miller - - Mr. Basenay. • by default. war!He committed his client'sc ase warrant for piracy was, issued against the Captain of of Giles Mr. EMICST. Mr. C. PHILLIPS proceeded to state the case to the their hands •he surrendered it to their • . the Mules Alen 1 Mr. T. E. Coot Jury. The action was brought by William Pick- the Icarus, which was only not executed because the i nto . . sasses George blr. lIARLIT. defendant fled under the flag of England from the consciences; and he asked no more damages char, Many ford, the plaintiff, against Henry Augustus Elliot, Mr. Rovonarross.• Grainger - - - -damages for a tresp ass , an port. The defendant had at first the hardihood to they would themselves expect to receive if they had . Gamekeeper - - - Mr. - the defendant, to recover deny that he had committed the offence with which been so plundered in their property, imprisoned in .• • The Miller's Wife - - Mrs. GROVE. assault, and a false imprisonment, and to recover the he . was charged ; but, after some consultation with their persons, and threatened to be tied tip to the ' ' Phoebe, the Miller's Maid - Miss Kruay. value of property belonging to the plaintiff, of which The story is briefly as follows:—Plicebe, the heroine his legal advisers, he found it would be useless to gangway and flogged, even though it should cost the the defendant had violently and wrongfully in s olence pus- and oppression by audacity in a defendant £ 5,000 , amid the jeers and sco ffi ngs of a of the Piece, the orphan daughter of Grainger, an sessed himself. It might be necessary to inform the follow up old - soldier, supposed to have died abroad, is left, Justice, and he had therefore confessed upon hireling crew. He was persuaded they would return Jury, that the plaintiff was the son of one of the most Court of with an infant brother, George, wholly destitute, by respectable merchants of the City of London, who the record that he had imprisoned and plundered the such a verdict as would mark to the commerci a l the sudden death of their mother. Both the childreit had been a governor of upwards of twenty Charities , plaintiff. The damages were laid in the decl aration communit y of this country their sworn opinion of in consequence go to the workhouse, from whence at £2OOO, and the Jury would see whether any cir- such treatment, inflicted by a British officer upon a '•' •-'• and who at the-time of his death was the oldest G 0:".,.• :".,.• George is, at an early age, sent to sea. P hoebe being vernor then living of Christ's Hospital. His pro- cu . mstances of mitigation could be adduced to dimi- British merch ant. . • treated with harshness by the mistress of the work- petty, and, he trusted, his respectability, had de- nish those damages. Having now stated the case, These, which were the leading facts of tlx case, ': house, at length, in a fit of despair, absconds ; and, he would ask the Jury, whether, if . he succeeded in were proved in evidence. volved upon 'his children, and Mr. W. Pickford was establishing it by evidence, s• it was not one of coast- Mr. Ataxy then addressed the Jury in mitigation .- to avoid pursuit, quits her native village. Pnom now a merchant of the City of London, and the DENCE directs her, in the midst of a severe storm owner of several ships, ore of which was the Resource. derable aggravation? Let them call to mind the of dama g es. He contended, that th e case, when ;f and the darkness of the night, to Gilbert's house, Th e defendant, Mr. Elliott , was the Captain of a sloop total absence of all provocation—the insole nt lan- stripped of all the verbiage with which the plainti ff 's t where she craves shelter and pr otection ; both are guage by which th e outrage was accompan ied—the Counsel had surrounded it , was one which called ;. f of war, the Icarus, of his Majesty's Navy. In th e extended to her by the hospitable miller, and his no year 1820, the plaintiff went in person on board his prohibition t %hi, 1 of all communication with the shore— onl for ver moderate damages The erro •• 1 3- less hospitable dame ; who, on learning the story of ship to the Brazils, in consequence of the value of the scene, the defendant's vessel—the witnesses, the t h e y defendan y t had committed - wa . s rather an error in -i the unfortunate little Wanderer, and having no chil- defendant's crew—the threats of the defendant, from judgment, than an error of the heart. He was net a the cargo, which consisted chiefly of dollars to the car- in a condition to*pay large damages ;for though con- +4 dren of their own, adopt her. Five years roll on, which he abstained, and those which he actually . amount of £lOO,OOO. There was on board the yes- when a sailor, wrecked on the coast, applies for em- tied into execution by the plunder of his property nected with a family of high rank, he was a younger ! se] a carpenter of the name of Patteson, a very skid- at the mill; lie is received into the house ful workman, whom the plaintiff had occasionally and the imprisonment of his person, an imprisonment brother, and his only patrimony was what lie could .by the miller, and employed as the fellow-servant of indulged, when they touched at any port, by allow- aggravated by the state of the plaintiff's heal.h, by earn by his sword. Under all the circumstances, he Giles and Phoebe. He begs to conceal his . name, ing him to work ashore on his own account, and al- the illness of his family, and by the rank which he was sure the Jury would consider this a case whicir : • s giving only his christian name, George. Giles and though he might have stopped his wages during such most deservedly held in society. He would not de- called for very temperate damages. • George both become candidates for the affection of period of indulgence, he had never done so. 'There grade any one of them by supposing for a moment The SECONDARY briefly recapitulated the evidence..; ~. • Plarbe ; but the softer manners of George are pre- were some persons in whom indulgence failed to that he would deem it sufficient to give his client re- The Jury retired for a short time, and returned ~ ...•1 ferred to the rough and unbending temper of Giles ; create.gratitude, and unfortunately Patteson was one partition for the mere personal suffering, however with a verdict of—Damages for the plaintiff, £l,OOO, >,: `'• and, with the sanction of her friend the miller, she is of them. When the ship arrived at the port of Rio Poignant, or the mete loss of property, however con -- • . about to become the wife of the favoured lover; Janeiro, he asked leave to go on shore, but as Cap- siderable, which he had sustained. He was persuaded Bow-STREET.—Ye s terday, 7'. Admits, B. DA:rte' ' , .. Z.• when each explaining, at the sequest cif the miller, ta i n Pi c kf or d h a d n o pratigne, as it was technically there was not o n e of them wh o did not feel that he W. Tassell, and 7'. afs'atss, jon. the former three fi:;1 c' - their previous history, they discover that they are termed, with the shore, and as Patteson had abused had a much higher duty to discharge, who did not ermen of Ilastings, Sits•ea, and the latter a bay, 1.2 r i brother and sister. (:files then claims of Plaebe the the indulgence which had been granted him on a feel that he was that day called upon to tell the years of age, son of the first named prisoner, were *_a performance of a reluctant promise, given by her, former occasion, lie refused to let hint go. Patteson Commercial Community of this great Metropolis at charged with stealing doubloons and other soecte,t o '.:'. that should anything happen to prevent her marriage became discontented ; and he contrived to commeni. what sum he would estimate such an outrage com- the amount of nearly £4,000. About three months -' with George, she would have him. She expresses cate this disci:intent to the rest of the crew, so that it mined by a British Officer upon a Ili itish merchant ; ago a Mr. Jacobs was coming from Calais to Darer„ but the boat in ' reluctance to perform this promise, especially as rose almost to absolute mutiny. As the Icarus sloop to tell the N'Avy of Great Britain whether then . flag by a packet, with the above spec ie, i .1: George declares he has still hopes, raised by some of war was lying near the vessel, Captain Pickford waved tor the protection or the oppression of the which he was landing was run down by a smack, .. s• vague expressions dropped by his dying mother, that thought it right in this emergency to aeply to any people—to tell this armed and presumptuous inno- and Mr. Jacobs was drowned, with the property . . they are not so nearly allied as circumstances seemed ship of war which bore his Majesty's flag, and he lc- vator that we were not yet reduced to submit to either about him. The other passen .ers were saved ; a : to declare. Giles, irritated at this disappointment of cordingly (uttered out his boat, and went on board naval or military jurisdiction—to convince him that bills were circulated, offering £l,OOO far the restora- ' ' his bores, deter mine;, with the assistance of his friend, the Icarus. He did not see the defendant •on this there was a p ower in En g land p aramount to the Lion of the property. No more was heard of it, how- the Garackeeper of a Gentleman in the neighbourhood, occas i on, b ut h e saw a per f ect G en tleman, the Hon. sword, a power which patriotism created, which wis- ever, until about three weeks ago, when at a fan •....1 to carry her off; and accomplishes his object. The Nis. Mande, the First Lieutenant, who was at this dote had nursed. and ages tendered venerable—the near Hastings, the younger prisoner, having ii..d Gamekeeper, however, having his own ends to serve, time in Ireland, and who could not therefore, he ie power of the Law, which, while it maintained the rights tome liquor, boasted that one night, while he wa .1: betrays his friend, aid attempts, having got the un- wetted co say, be called as a witness in the cause, he- of the proud and the wealthy, extended its fostering sea with the other prisoners, they trawled up tit form:tate Phcebe in his power, to accomplish his own cause, by a strange anomaly in the process of tl c shield over the cottage of the peasant, and protected body of a man, about whose person they found ait brutal purposes; but Giles opportunely comes up, English law, a subpoena did not run to Ireland.— him against oppression, though mailed in armour.— full of guineas, and a gold watch. About this time and sases her from the effects of the Gamekeeper s He represented the situation in which be was placed There Was one way by which the Jury might equita. the wife cf the elder Adams offered the gold case ta brutality, though at the risk of his own life ; touched by the mutiny of the carpenter, and Mr. Maude, with bly estimate what da'nages were due to his client. a watch for sale to a tradesman in the town. The,: by remorse,' he determines to restore her to her that propriety which generally characterises the Ofli- Let them say what damages, under similar circum- facts excited suspicion, and information was sent n friends, and returns with her at the instant when the cers of the Navy, instantly ordered a Midshipman, stances, they would claim for themselves, and he the relatives of the deceased ; and on the application sudden and unexpected return of Old Grainger serves and a number of marines, to go on board the Re- asked no more. Let them consider for what sum in of Mr. Evitt, of Haydonasquare, their Solicitor, an • to unravel the mystery attendant on t he births of source, and bring the mutineer Patteson to the Icarus. monies numbered they would be content to undergo Admiralty warrant was g ranted, and J. Smith, the George and Pheebe ;it appearing from his explana - Captain Pickford was at this time in a bad state. of such treatment as his client had received ; let them o ffi cer, brought them to this (Vice, when their Soa. tion, - that P'habe was his child by Nature ; George health, and, in addition to the misfortune of a dehi- consider at what price they would endure not only in- citor contended for their discharge, no felony having was only his son by adoption. He therefore sane- Hinted constitution, he had a child lying on its dea;h- stilt, but plunder—not only plunder, but imprison- been committed. Mr. STAFFORD, haweyer, stated, ' ~: lions their union, and Giles getting the better of his bed at'a house in Rio Janeiro. He went on shore meat—uot only imprisonment, but menaces the most that in law if an owner of any property was keeen, prejudices, joins the bands of the young couple . — for th e purpose of seeing his child before its death, od io u s and revoltin g . Let them consider, in short, and the fi nder appropriated it to his own use, it ssa , s' Gilbert gives his mill as a portion to his adopted and while staying at the house he received a mes- for what sum the y would consent to be told that they felony. Sir It. BAKER and Mr. Evitt expressed their ), daughter, and the Piece ends happily. The Author, sage from Captain Elliot, at the purport of which should be flogged at the gangway of a man of war, hope that they would return the property if they ... in dramatising this Piece. has 'adhered as , closely as he was not a little astonished, for he was told that, if be exposed to the jeers and derisions of a com- had found it ; and the latter even promsed the re- - possible to the original Poem, and has executed hia unless he repaired, within half an hour from the mon crew of hireling dependants. If any man were ward of £l,OOO on its being given up. Mr. Evitt de- task most happily. BARTLEY gave an excellent pie - receipt of the message, on board the Icarus, and paid base enou g h to te n der a sum as the p rice of submis- dining to proceed, the prisoners were discharged. ' one of the hone.t Miller. 01 Miss KELLY'S Phew Patteson whatever sum be demanded, Captain Elliot sion to such indignities, would they not dash in the MANSION-HOUSE.—Mr. Murray, the Secretary of it is unnecessary to speak; bet excellence in this line would send an armed launch on board the merchant ruffian's face the proffered wages of dishonour ? Let the " Constitutional Society," preferred a complaint of acting stands unrivalled. Our old favourite, ship, the Resource., and take out dollars to the amount them reflect, too, on the place in which the outrage against C. Saunderson, twelve years of age, who EMERY, commenced his engagement at this Theatre of l'atteson's demand. The distance of the house was offered. It was not in one of our own ports, where serves in Mr. Carlile's shop, for publishing his Ad- in the character of Giles. The character of the rough frc:m the shore, and the state of the plaintiffs health, his client's character might have borne him high and dress to the Wormers of Great Britain; and his Lord- and stubborn rustic received a just and most forcible rendered it impossible to comply with the summons buoyant above such indignities. No, it was on a fo- ship having perused the pamphlet, and taken the ad• • delineation in his hands. He was loudly and most of the defendant within the time prescribed, and the reign station, in the face of strangers, that a British vice of one of the City Law Authorities, issued his rapturously applauded. T. P. COOKE'S George was plaintiff therefore wr ote a letter to Captain Elliot, in Officer, the natural protector of our commercial in- warrant for bringing the offender before him. Rt. marked with the usual talent of this performer.— which he deprecated the threatened outrage, and tereas, had presumed to degrade a British merchant Murray called G. Holt, of Union-street, Battle- - Itowsorrom gave a correct picture of the old soldier. stated his readiness to make every effort in his power into a slave. It was on a foreign station that he had , bridge, accountant, who deposed that he bought the lianoey has an original character assigned to him , to see Captain Elliot as soon as possible. He accord- insulted, plundered, and imprisoned his client—on pamphlet in question, on the 51st of June, of the pri- . that of a rustic actuated by an unconquerable pas- ingly did repair on board the Icarus, and it was a foreign station he had violated the law, and tram- soner, who was serving in the shop, 55, Fleet-street. . sion to become an t.utlior, but unfortunately labour- there that he had the misfortune of a first interview pled on the flag of England—from a foreign station Mr. Mason, a printer, on Clerkenwell-green, as the ing under a great inconvenience in consequence of with the defendant. As soon as be came on board, he fled beneath a red cross banner to escape a criminal friend of the boy, submitted, that the informant had - not being able to write. He made the most of the Captain Elliot abruptly accosted him, by observing warrant for an act of piracy. In the name of the sworn only that a certain bo ok was sold to him, s • character ; it was indeed original , and kept the au- t h at t h ere h a d been a great deal of trouble in settlin c i; g British Navy, he protested against such an outrage — without swearing that it was libel:arms; and therefore .', dience in constant laughter. The Piece was au- the accounts between him and his carpenter, and in the name of that flag which had never waved but the case was not sufficiently made out to call for bail. nounced for repetition this evening, by Mr. BA UTLEY, added, "I desire you will settle them instantly." in support cf freedom and independence, he protested The LORD MAYOR said, that in his opinion, the pub- . amidst general applause. The plaintiff said, be was quite ready to settle them, against such vile and unprincipled oppression ; he lication was of such a nature as to require bail. Per- and drew a cheque for the sum due to Patteson.— Protested to Gun he almost merged the insult to his sons had already been convicted for selling the same ' l. T h e ' . e Numbers of the New Mihaly Magazine (New Captain Elliot objected to the cheque, and said, client and to the laws in the outrage which had been work. Mr. Mason then suggested , that not being 14 Series) have been just recrinted in America. The i. Come Sir, that is not your name; by 'r— you are offered to the commercial community of London, and years old, the boy could not be guilty of a m isde- . t .. . Publishers introduce them with trio falsifying e following ob- ' your signature." The plaintiff in vain pro- the still gieater cutrage which had been offered to meanour according to the common law; however, :. serrations : tested that he was a respectable merchant, incapable that sacred ensign which for so many ages had borne he was told he was mistaken in his law. Mr. Mason "If we might assume so fir as to give our opinion,we shosid of committing such an act; the Captain swore that our name in triumph through the world. He in- then, as a last effort, begged the prisoner-might be express a hope that, from its miscellaneous and attractive cha- he was a shabby fellow, and ordered a flesh cheque . treated the Jury to consider the case, stripped of all remanded for a week, and reminded his Lordship of racier, this Magazine will be more generally ri•ad than either to be drawn for the whole sum demanded by Patte- colouring, divested of all aggravation. What excuse the proceeding against Mr. Murray, which had stood of the celebrated Quarterly Journals whids sway the sceptre son . U pon t h e pl a i nt iff' s re f us i ng to p a y this sum, could the defendant plead ?--what possible palliation over from time to time. The LORD MAYOR, how- over the literature and politics of Great Britain. A very large as it amounted to £9 more than was due to Patteson, could he allege? Would he say that his client ap- ever, persisted in his opinion that bail was necessary; .. class of readers, who have neither time nor inclination to study Captain Elliot said, "If you do not pay it instantly, pealed to him ? True; but it was for aid, and not and as the zeal of Mr. Mason did not carry him so 3 the profound philosophical and political disqukitions of the I will tie you up to the gang-way and give you six. for oppression. Would he say that his client was in far as to become responsible for the boy's appearance. i n. E.ii-d•zir!;!, and C.:tartetiy,would turn with pleasure and advantage dozen lashes, if it cost me I:5,000." Capt. Pickford debt ? It was at any rate a disputed debt; but even he was committed, and Holt bound over to prosecute. .: re the sprightly Essays, the rational Poetry, the entertaining replied, that he was on board his (Captain Elliot's) admitting the debt, who, he would ask, made the • .., biography, and the vigorous Criticisms of the New Monthly.— vessel, and that he knew he was in his power ; but defendant the arbitrator ? What tight had he to plun- August 7, at the house of Mrs. Fell, in Ulverstone, the BIRTH. he would not dare to commit such an outrage upon der the plaintiff to the alleged amount? Who gave of R. W. Smith, Esq. of the Hon. East • To American women it is confidently believed that it will be India Company's I* him when there were British laws to appeal to for him :he right—a right which belongs not to the - Mo- 1-4 ' wther Castle, of a "a. an acceptable acquisition, and it is offered to them without hcsi- redress. He requested the Officers of the sbio to 'larch ‘himself—to imprison without proof or pro- ;.,, tation, as at a time when some of the most popular Authors of • MARRIED. • , the age have so fit forgotten their duty, and mistaken their in- g ive him their names, as witnesses of this tr . cess ? Who gave him authority to insult a respect- August 9, at Mellerstain, Evan Baillie, jun. Esq. of Docifor, serest, as to lend their influence against the cause of virtue—the ansac- tion. Captain Elliot forbade the Officers to give able British merchant on his own q uarter-deck , to Miss Charlotte Augusta Baillie Hamilton, second duetted writers for this Magazine have found the art of being easy and their names at their peril. " And now for your in- surrounded by his own myrmidons, where there was the late Rev. Archdeacon Charles Bantle Hamilton. cheerful without licentiousness, and have excited the imagination _ -- to the plaintiff, "I declare no chance of escape, no possibility of resistance?— • brnary 15, at Calcutta, aged 20, of the cholera storks, in Clio without corrupting the heart. That such will be its character science," said he, turn ing DIED. In future no other assurance need be given, than the name of the you a prisoner ; send off his boat : I will not take your Did he im agine that his uniform gave him the right Hon. Fe Author of the /Y:actires if Hope, and (krt.& of Wyoming" .• dollars, but by G— I will take your three top-sails.., of re s ort ing to such lawless violence? He trusted son of the late G eorge East India Company's Civil Service, Edward, youngest ANTIQUITIES.—In the vestibule of the Church of ' given than executed --In the verdict of this day would undeceive him, and Milieu, Fasq. East India Director. August 5, at Gilmerton, Miss Jean Helen Waldie, aged IS, This order was no sooner • Au d g azgh t tse,raotf her house, in Wal uin die, gw la 4 te llit i t toss. h H shire nssat , s. aged 90, Dunkeld, formerly the choir of the Cathedral, is to vain the plaintiff represented . the dan ger which would convince him that we were not compelled to submit only be seen the magnificent tomb of ALASTAR MORE arise from dismantling . his ship in the event of a to military or naval oppression. Did he suppose that the distance from England took away the blessin g; MaAN Run son of ROBERT 11. of SCOTLAND. Not. storm. Captain Elliot ordered out an armed launch Mrs. Isobel Simpson, widow of the late Rev. Thomas &mimes many years Minister of the Gospel in the Parish of Meal is withstanding its great antiquity, it is still in good to go on board the ship of a British merchant, and which belonged to the birth of an Englishman? He preservation. Time does not seem to have injured actually brought away the three topsails to the Icarus. trusted the amount of the damages which they would the same County. _ August 10, at Hampton-court, after a few George illss dte this beautiful piece of antiquity so much as the care- The plaintiff was in the meantime detained a.prisoner this day assess, Would teach him a different lesson, eldest sou of John, fifth Earl of Sandwich. Hon. Dorothy Charlotte, widow of the Hon. n u, lessness of man. During the repairs which the Ca- on board the sloop of war ; he appealed to the hu-- and convince him that wherever the Briton journe ys thedral has undergone, particularly about 1760, it manity of Captain Elliot to inform his wife of his lie bears about with him the blessing of his birth- MAILS VIII DAl'.--A RR. nuns has been partially damaged. To the credit of those situation • his request was denied; he begged to be right.. It protects . him at home, it walks abroad with Du Wa b te li r n ford •RIL. MA 0 0 1 0 Lisbon - employed in the last repair, it should be stated, that allowed the l use of pen, ink, and paper • , this, too, was film like his moral shadow, it courses the sea, it tea - 1 0 France 1 0 it received no injury whatever, although it was 'refused. It was lamentable to reflect on the degree vetses the deserts, it is indissoluble, neither weakened Guernsey H ll an and Jersey 1 o Hamburgh 2 0 by distance, nor changed by circumstances; what- 0 I moved from one end of the building to the other.— rcise on board a ship of 1 0 Gottenburgh of tyranny which was exe • d e 0 The statue is nearly entire, and is of a size almostever realms intervene, whatever seas roll between the Flanders 1 0 Leeward Islands 0 gigantic. The inscription round in as far as it is le- war ; the Autocrat of the Ru • ssias was not mere de- spotic than the Capt ain of an English frigate. Bin, Briton and his home, he is still safe under the shelter Malta 0 0 Brazils ------------ of the laws, and HIGH-WATER at LONDON iIRIDGR TO- i.: ORK" gable, is to this effect : though Captain Elliot would neither inform the aMe facet Alexander Seneschalus, filius Roberti, regis Sco- plaintiff's of situation, nor allow a father to !doming - 4 minutes after 5 the Constitution. They had this day a proud duty a ---- r- - -1 — t ----7 protected by the guardian shield of Afte rn oon . - 26 -------- 5 .. forum et Elizahetha Morn, Romulus de Buchan et &dowels, see his dying child, he could go on shore himself for to discharge, * and he was satisfied they would ' spa ebbe * 9 ." ey d i g- LON DON r - riittel — ati pi.blisht si h y ...text. KIST, riCket • .' *.: ' ' . : ""•*?• . - 1 ... . Place , Ttlllpit-Bar. ... .. ....... . . .