Star. — London, England, 1817-12-11 00:00:00

CCONNEL AND Mr. LESLIE FOSTER.. A C gresponence has been published in the Dublin p arr s. tinder the title of " Mr. LESLIE FOSTER and 4r. cceNsEL." It appears from r, that Mr. HARD. ho , a friend of Mr. FOSTER, had waited on Mr. i'CcNNEL, to state to him that Mr. Fosrett having the report of a Speech, purporting to have been ,lored by Mr. O S CONNEL the preceding day, at to Catholic Board ; and considering some observa ten c onnected with Mr. FoSTER'S name to require c o ja .aion, he (Mr. F.) resuired either a disavowal nd;e observations, if he had not made them,. or a drlarati:.n that trey had reference to him only, as v iitlic man, and w re not intended to convey any r T,,.,,t1 disrespect to Mr. FosTurt." NI L O'CONNEL , at this interview, declined giving , , T aster to eit!pr proposal ; but afterwards sent DENNET, as his friend, to comer with Mr. liAttu :;„,% en the subject. A correspondence ensued be -v.rt these Gentlemen, the result of which was, that qr. :.;ENNET, " in order to prevent the fatal conse. s which may result from the misapprehension . 212.1%1 a Mr. LESLIE FOSTER labours, and the 0 1 blood in what ' -7 r. BENNET considers a ,rrel, expresse I himself willing to sr,it.: O".:;)NNEL'S right in this instance (to refuse , a , ct an unauthorised publication), so far as 1 ,, sty, that whatever was said b y mr. O'CoNtaEt. %pc: t;:e :..;:c . .v,iots alluded to, was intended to refer to 1 :Llt Fn37l::lt as a public character only." :1 . . therFupral cleaned himself " satis f,tf that the affair should litre terminate." CRlGti TON, DECEMBER 10. Ywyrday and to day the PPINCL it I:GLts: l' took tiersie in the Riding School, in preterttice to going wi t ~t the Pavilion grounds. elteiday a most ri..pectable meeting of the inha• bitaots 4 , 1 this town was liehl, pursuant to notice, at tie Uhl Ship 'raven), for the pin pose of voting an A.Lttess of Condolence to hi.; Royal Highness the l'itoi,sl4orxr, on the demise of the Princess CHAR 11E, the Reverend Mr. Ci..illt in the Chair. The iiaess commenced by the Chairman reading the rquisition, alter which the Address was proposed, deasuitnously agree() to. BATH, DACEMBER le. Yesterday morning the Pump Room was again 3owded to an overflow. There were present the O.ike of CLARENCE, Leutmant-Colonel Coorta, and straemus assemblage of rank and fashion . The QUEEN took - but half the usual quantity of the rater, and, by the advice of her resident Physician, )r. Gums, she will omit it altogether till Friday 'tontine. In the afternoon the Princess Euznarru clad at the Hetling Court Hot Bath, attended by Lot dy ILCH ESTER. Last night the Duke of CLARENCE honoured the 9ssembly at the Lower' Rooms with his presence.— da Royal Highness took refreshment in the Ten Ram, and remained till near ten o'clock. DRUIMILANK THEATKII.:- Mr D. FLIIISit still pro s with rapid, it not glorious career. Last night attempted the Arduous character ot Hamlet. —The `tagrdv was followed by a new Dramatic Romance, aUed Li/ktut, founded on a Piece of the same name, %ten by the late Mr. GARRICK ; and, as the bills the day announced, the characters, with the ex ion o 4 that ot Gulliver, by young Ladies between age of six and 13 years, pupils of Mr. D.Coitat This Teri amusing trifle, though it cannot perhaps he defended the rules and principles of the regular Drama, y. t deserves fur the talent displayed by the juveniii. candidates. for his - fame; and for the liberality which the Masta t ;cinrsit of . Theatre has displayed in getting it up, as far a- irsT,.,rds act.- , drama decorations, ate. The interest ot the Pi 0..., antes ef the adventure+, of Gulliver, whilst in Lllliput, and of his ! at that gay Court particularly with I.ady Hammy, the 1 of Lord Photos?, Primo Minister to the Kit g of l.slhput, of the jealousy of the Noble Lord on discovering Inc lady's for the stranger. The part of Lord Flimnap was ably ! ed by Miss Cries* Fume& , a child not more than seven old, who la twiny an tetra:odium) little .creature; she Lord Flintnap hi the most admirable !torten* style. file was literally in a roar. the minute glandes of her bye gay, avid the happiness with which she went throug'i the whole if the character was truly astonishing. Chiidren, it is well noon, ire very 'plastic creatures ' • but previous dtselphite, me- I hod, and mem or y, uheut premature endowment of the mtot extraordinary kind. the second act, consisting ot a masque before their liliptitian Nestles, she played Richard the Ih. id through the whole of e fifth act of the tragedy. The house se as sue prised and dr ugged. It was really Richard to movement, gesture, language, ul, we had almost said, in looks, seen in miniature through an t.serted telescope. She also sung two songs, the one as Lord Fhimnap, the oilier as a Yorkshireman come to town, and with Ineoirmon skill The parts of Lady Himont), a Lilliputian lady st fashion, and Pripperel, the Quick of the Lilliputian. Court, Were extremely well performed by Miss BROADIIIIIIST and Miss 1:711A BELLCIIASUM MU' M. Dons sung the soldier SW of wars alarms" in such a manner as to 'thew not only the most promising talents, but cons;drrable progress in musical education. Mr. HIOMAN was the giant of the play, and greatly Lightened the effect by the contrast of his deep bass voce. We Wed hardly say, that this novel and entertaining little romance, er r ether burletta, went off with the most rapturous applause.. FRIDAY, DrcEmissn 5.---No. 4,349, brawn on friday Last, a Yrizi: of te20,000, being entitled to £15,000 Consols and 45000 Money, was Sold in Shares by CARROLI..—No 5,84'2, a Prize of 500 Gui teas ; '2,028, a Prize of 210 Guineas, were also Sold Shales by CititlioLl. a 4,720. another Prize of 200 Guineas, was Sold by CARROLL, in a . Whole Ticket. T:ze Fortunate Possessors may receive their Money sn demand, at-7, CORNIIILL, or 26, OZPoRD'StREET. flair FIGHT IN SCPTLAND.—Rubinson the Black, who fought Sutton, at Doncaster, fought a pitched battle in Scotland, about 14 miles from the spot where Carter and Oliver (ought last year. His ad versary, a Northumberland man, had none the worst of a casual turn up on 'Thursday last, and they were [latched, and fought the nest day for five guineas a side. 'The men fought eight rounds'in 23 minutes, when Dent, the Northumberland man, was beat by a chalice doubling hit on the kidneys, which were cl osed ;ay swinging round alter missing a blow, and which opportunity the Black availed himself of by cilicithess. Dent is an athletic young man, and he is :clamed to have had the best of the battle until this 4 ;l'idtrt4l tlow, and L:: - sat backed to Win. EX.SCUTION. This morning J ohn Vartie, for forging a c h e q ue for £4OO, with an intent to defraud Messrs. BRII4CULET and Cu. Bankers, at Gravesend ; George Pearross, also for forging aini counterfeiting a warrant for the payment of AM, with an intent to defraud NATHA mist. ArcitasoN.and others; and Thonta: Dahry, for robbing Joirx Triwnixes, on the 13th of October last, of his watch, &c. were, pursuit), to their sen tences, executed before the Debtor's door, Old Bli ley. Thl unhappy culpfits were brought out of ti,e. prison a little after eight o'cbck. The first that ap peared on the platform was Vartie, dressed in a blue c.)at with yellow buttons, grey pantaloons, and halt boots. Daltry next made his appearance in a brown coat, white stockings, and half.boots ; on his ascend ing, he gazed around for a few seconds, till the ore cutioner put on his cap and tied two handkerchiefs round his head. Pearson, who was of small stature, ascended the last ; he was dressed in a blue coat, kerseymere small clothes, white stockings, and shoes. None of their ages exceeded 22 years. They were all attended by the Rev. J. COTTON, the Os dinary Newgate, and seemed perfectly resigned to that fate which they were doo.ved to suffer, and w:tich I they met with firmrie.s. They were launched into eternity at nearly twenty minutes past eight. Vartie and Daliry died without the least em tion, whilst Pe ‘rson for some time seemed to struggle muci.— Their bodies, after bring suspended the usual perioJ, were then taken down, and cAried again into New , gate, to be given to their friends for interment. 'l'h. folhrwtng intere:ting letter wss addressd by %%trim to the ker. Mr. kunoe, of Limehouse. It was Written immediately after the order for his eve cution was communicated to him ; and displays the amazing fortitude and wit-possession wino' ieligi had infused into the mind of this youth, under such awful circumstannes: " My dear Sir—Permit me to avail myself of the present op portunity of testifying tie gratitude due to your humane and be nevolent taw cons. So tar supports me, the encouragement which I e!erive from the sacred word of Goo, that I stet the Heralds or Death With a fortitude borderiug upon hidiffe nice, and heard the awful certainty pronounced is formal solemnity without the least discomposure. Public opinion, like /pis i;.:aus, might have drawn the unwary aside; but prudence taught me to beware of the delusive meteor, a:,d steadily .o proceed in the bea'en path to salvation, regardless of the alluring objects on either ►ide. I o say that my sole hope's rested on Cult ST. would be but repeating what the above fact impiles, joining effect' cause. Front whence, indeed, could such coniposuie, mac peace of mind flow, but flout this Fountain of Mercy? My few remaining hours are employed in that preparation which shall befit me to join the choirs of Angels, villere praises are offered to Coo and the LAMB for ever.—My dear Mr, With Ullielped thanks, the dying " J. VARTIL. " Rev. James kludge, Linithouse. " I need not add, I shall be happy to set you wt.en convenient." Liffif INTLI,LauLNut. COURT OF KING'S BENCH, DECEMBER 10. AItNoLD W J , .HN HARLEY.. An action to recover damages t.r the breach of an agreement. The declaration stated, th it the plain tiff, being Proprietor of the l'he•itre lt , iyal Lyceum and English Opera•house, entered into an agreement with the defendant, that he should become a per former there tta five years, at a ritong salary of six, seven, eight, nine, and ten pounds per week, and that he should execute the cussomory drucirs signed by performers, but that the defendant hat refused to perform at the plaintiff's l'heatre, and to execute the articles. Mr. SCARGITT, for the plaintiff, observed, that under all the circumstances, his client did not ihink it proper to accede to this prop .sal. Tile Learned Counsel then proceeded to state the facts ut to which the action arose. The plain - iff . was a Gentle man whose risme and talents were piobably wed known to the Jury ; he was Manager and Proprietor of one of the must elegant Theatres of the Metrop— li., and his object in submitting this case to a Jur' ) , was not so much to proceed with harshness eget b t Vie defendant, an exceiLlit and approved perform 1, as to obtain the opinion Ji the Cowt and Jill) tivoir an important questi in which deeply affected his tut - rests, ALI whteli, it determined against him, wooid compel him to el, inge tiie 'intuit 01 the cum , - ments entered int,. by now with all the actors concern. In order to rendrr ills L'heatre deserving of the patronage the public, he had used his ut most exertions to engage C•ir most celebrated per formers at the Provincial rile:sties ; while they, un der the direction of A liberal Manager (for such Mr. Arnold had evet strewn hi inset!, and in this instance more especially). would LAVa such an opportunity of displaying them talents at a Summer theatre, and tit forming more permanent, it nut more profitable en gagements, at a winter establishment. In the year 2814, Mr. Arnold had heard a •inettring of the.me rits of Mr. Harley, who having an engagement with the York company ( which had produced many of the most distinguished actors of Liiiid,4l), was at that time playing at Brighton, where Mr. Arnold Illed on a visit. The defendant had learnt through a friend that it was not improbable that Mr. Arnold woulli treat with him, and in consequence he wrote the following letter to the plaintiff : " Theatre, brighten, October 80, 1814. " Sia—Mr. Kelly, to .rhorn I feel lugh4 indebted, bai se. quainted me with your inclination to make a stip to town thh summer desirable to' me. I fun here merely a bird of passage, and return to York immediately. 1 wish, however, to ks my self in the overgrown place, if a fair inducement is held out — but cannot give up a lucrative certainly tor a mere speculation. It you wish to avail yourself of my services, you Will Wats your terms—l am sure they are what I wdl age to. Contormably with your desire, I have uanscrilted au abundant cast of parts, which I have been its the habit of filling. I un Etc. The cast of parts was (continued 41. _Sr' ARUM) very comprehensive. Some Gentlemen were famous iht one line of acting, to acquire eminence in which they sacrificed the rest—but few men possessed such versatility of talent as to enable them to pity so mail different characters a: Mr. Harley piotessed himself qualified to till. The following were a few of theme Sadi, in 'l Pte Meinsedusseers—jagmes, in The Hoary Mom in The Cabinet—Edward, in The Hauntedt Tower. and Aleto-worsa, in The Hip:cries. There were, beaides. nearly 100 others. It did suit of ten bap• pen that a man's estimation of his own parts was correct. sienerally speaking (and lie did nut know that lie ought to except actors from the rule), the vanity of led them to err a little in eakiniating their merits. Mr. Harley, buweva, bad certainly made a just estimate of his abilities—he proved him ;eh capable of supporting all this vatiety of ch.rac ter—and, therefore, it was not difficult to judge of lus utility. He :mind an itarnedsate igISMSE 1101 U ivir: Arnold. anA he then wrote ,to thit Gentleman the following letter . . " lose not a moment in acknowledging your favour of yesteiday. I shoal,' be proud to visit London in the einitoug summer, and rest the event of a winter engagement on the s ,c -cess I may meet under your aurpices, as I undetstatid fom re port, that your fr.endly aid witl be given to one who well exert himself to the utmist in his power to become worthy u 4 cii. tt derattim. My prestin incomeavcrats £3OO a-year, and I 11,4,e4 you will nut consider me a. demanding :110 much, when I a k an engagement at £5 pet week, sullitct II) any tavourAtile ahcratity, which my services may de3crvr. lam MU,: &Caitlin 10 aim in . 7.2nr C.111i..4" Mr Arnold, in reply, wrote thus: " I, whhout hesitation, agree to your ptopocition, and con. eider you engaged, for the season of lettri, at the l.ycr afn I heatre, at £J per o ech, bincrrely hoping, and little doubting, that your ialente will procure you an ens:v.:meta on toe wiutei hoard.," —Ms. Arnol4l then observed, that the defendant had not mentioned any 01,1 men's characters in his list •isci inquired whether Peter Fi:1,4:1, in the Boartliiv house, would not come within Isis general scope of actin;° ? To this tie defendant answered—i , lam the original Fidget, at the York Ti.e.i.re. The •.d men I iu.sociate with other business are those iii c.e hoe ot I:ave.:it and Bannister." These, ohm:fired Mr. SCerietl, were two most eminent actors, whose cast ol paths be .Issocitted with those already mentoased. 1813, the defendant came to town, anti only played two or three times, at £5 a week. Mr. Ai now was so satifi:d with his talents that he made him a voluntary prirssiti.in of an increase ot salary . " Yoc shall, " said be, £6 per week, for the present year—and, it you will engage for a longer term, you ,:.all hive a rising salary." Then cause ine contract on which the piesent action was build::.:. At the tinse it was mad; Mt. Atnoid told the de lendant that he bad no concern with Drury-lane Iheatre, co which he had been Massager. 4 , I know," slid he, it has been a matter of speculation, th it the persons engaged at my Summer l'heatre should nib o have an engagement at Drury-lane—but I pro mise nu such thing. Therelore, open your eyes on the subject, and lu. , k abjut you. It you agree with .tie, and afterwards procure an engageuscnt at o;.c .1 stir Winter Theatres, 1 will give you, should I call on you to perform, while the IVinter Theatres at open, the same salary as you receive under pair +Volts r engagement—but my engagement Must i•ike tin i,recedence." Mr. Harley then drew up the nig memorandum with his own hand : Mesenuauctum-1 do hereby engage myself to Sainte! Jatais isruold, ot the Lyceum Iskeatre, for a term ot live year', at .5 re.i:ig %al:try of if, 7,8, 9, and Ito per wren, pay"—(t hat, observed Mt. SCAILF:IT, means pay 'luring the time the at:Or3 really per min) —"to commence with the presets: eJ...011 ; and it is a condition of this engigeintnt, that, in the evens in my bcmg 4::,gsged a: a Winter fnea! re, Sit - 32k1 ettookt I) •to pay me the same salary as t derive under my new engagement, should lie require me to play wide the Wh ict. l'iseair. are open.' flue meaning of this was, suppose I siourst make act engagement with Covent Garden or thwy-Leie for £_U • witch, i, y. 41 caul 011 me to play for you whi.e the 11 neer Chen se, are °pm, you must pay me the same sum." . 1 he Nt emu• raintion went on 1. In ratifica ion of whirls agreement, an amide will ioninettis be executed by both parties." Th se Articles were in printed form--.they con touted tines for noneettendance at rehears.uls, and a variety to reeulAttons in other points. It was the b reec h of this agreement of which the plaintiff now complained After Mr. Harley Ined made him.ell a fa vout.te with t..e public—after he had, by his eeertioes at the Lyceum, obtained a teconimenclation to Drury-lane, where he was 'now engaged—after re ceiving warning from Mr. Arnold nut to sign the agreement with him till he perfectly understood what he was about—it Was tip much for .him to turn about and say, 4‘ I w.li not pet firm my agreement. I will not sign the article." Vilien Mr. Arnold argil • ~ im the article to sign in (Sri, he said he could not 11l that form, a. it would he inconsistent with his en gageoient at Drm y lane. Mr. Mayhew, the plain. off's s , .licitor, then sent him the at ticks, and re quested to know what part he objected to—which i.e. re!urned, alter 11 lying made an alteration with his own hand. Mr. Arnold could hot agree to the exe cution of the article thus altered. A corresermileiice then took place between the parties—and Mr. Ar -nold requested the defendant to sign the articles, ob serving, that lie would not press their execittii,n on ilia' wt h any severity. lie, however, sail refused.. In toe begiiiiiing of the present ye.tr, Mr. Haley ex pressed a desire agein to perform at the Lyceum, si g, that he could get more money by another summer eneweement, but that he would perform at a reduced tate tor Mr. Arnold. Still he would not sign tie aticle—he even refused to sign it, as altered try himself. Lord ELLENBOROUGH.—JS there any penalty in the arttcles ? Mr. hcatiterry said, that there was a general pe nalty of 1,000, and particular fines for not attend ing oil different occasions, and doing certain prohi bited acts. This brought him to the question of da mages-what the plaintiff lied a right to expect al the hands of the Jury. In some pieces in which the defendant played at the Lyceum, he made certain characters extremely popular ; and when he quitted, Mr. Arnold was under the necessity of employing others, however considerable their talents, not so much approved, to fill :nose parts, and he paid them a higher salary : this would be one rule by which the loss of the plaintiff, certainly not easily ascertained, could be measured : it could, however, form no ade quate criterion, for it might be said that some parts the defendant had actually appropriated to himself, anodic: man might play them ; but they did not seem to belong to him any more than Another men's coat would appear to fit him; like a suit of clothes,. they - seemed made for Mr. Harley, and in this re-' spect the injury to the plaintiff could not easily be repaired. Lord EoLteitotoueou, in this stage of the cause, put it to Mr. Gurney, on the other side, whether he could vary materially the statement of facts 014 1 made: could he do away with the agreement, and no license or dispensation was plead:! Mr. GVIINEY replied, that thong% Le feared his de hence was not such a, to enable tin: to r;:sis! a Vet. diet, he could off.r such circunistences to the consi deration of the Jul y, as would coripletely exculpate defendant. Lord ELLENDOROUGH.—TI ere is certainly great udEcol7 in hitting upon any mode of ascertaining the comp:us:anon to witch ti,c plaintiff is entitled ; older& that difficulty seenis insuperable at Nisi Prior; and my reAton for iitterposing, WAS to see it it were not possible to avoid it in sonic other way. Mr. GURNEV—The-diflicalty I feel is this:—l re- present an individual whose existence depeork on the estiiiiation in which he held by the se; a 1. • FA 4 he go (tom this Court with an impression againsi him that he has wantonly, and w;thout reason, via:. lated solemn engAgement, it rnit be th , d strut= of all his to:me hopes: From the itisto.ictions have received, i may say co tidently, that oi ugh t !ry .do nut .nnount to i legal, they do c*rtainly amount to a moral defence lar4d Et.t.expoitot:cat.—Here tve hale only to do w leg.il dclence. Mr. (ltieNKr.—With respect to any other mode of idjustment, I can only SA f that the pr hit a reicirce was reinstd in the first inst.ii ce. and in the me,n , tirne the Conii,el his the piaintiff has had the, oprortunity of making hi; speech, which, it 1 ci n. sent, must remain uita!:swered ; oteerwise, I shoeld have no ohieetto:, to altite the plaintiff to recover the damages, be.is the su:jtci of an award. Mr. SCAILLETT.—Ii the pr,vsal had been in the first instance , hat th•- plat:turf should have a the dam , ges b ne e roeriud, I should Ull,bilibied:r have vitis:utt-d. I am iiistriict.d to that is is not Mr. At noLl's wis it ad to pre,s upo.. this gen. Lk/04h 0/ ti/.11 r.fleat up •ii taint Slliet: he I . N. ,i,:ves that he has ;men and has act. • i 11e has doee iron. a 1111:,CrinCtilLi1111 or the sisslUte Us lcgai obligation. Mr. CUISNEY added, that circumstances he was prepared to t•ta:e, w•nild probably reduce the da .ges to a sum act. ly nominal It was the 0./.t.1;. tion of his client to tile a hill in equity.. litai.Nunitovtar rectm:ended that the p.trties sh•luld a Chancery putt, wit sh could only prove :1 further !•.:niter of unproniaide a6 , r; ; is WAS not u•ifi-uit to 111311 a Gm lcrnau at the r...f cq!tanhted with theairie::l who, V.tu, S.tiCt bosi , sist and liberally, could investiate tote ma ter, and might be invested with toll powers to settle the nratt?rs in diffeience more satisfactorily on some ac counti than a C :ur t of Equity. A sh rt disc.p.sion then took place as to the pro. prim of giving as individual these powers. Mr. SCAULL'IT olp.rived, that he _was des'red to say, that the chief object the plaintiff had in view, was not to injure the prcket of Mr. Harley, bin to set le his own lights: his property iu the Lyceum Thaatre would perish, if the actors he had engaged !elt themselves at lit:erty to hum oilier engagements, and to neglect these previously made with litur. Mr. GUn.NEY r.quiested to he allowed to state, that !!:e facts contained an his instructions were didaent in several important particulars from those detail...4l try Mr. Scariest ; he hoped, therefore, that it wt.uld not be supposed, h‘.cause the defendant consented to the reference, that he agreed in the facts no x before the Court. Mr. SCARLPTT added, that what he had said a. 42 warra , .tel by tiit I..ttcrs of the defendant• After tew ottakr oninsportant obseitr4tions upon' the choice of an arbitrator, ;4 Gaselee was finally named, All , l a rerdicc WAS taken tor the plaintiff—a llain.%es £1,t;01, subject to his awar.l.. PREROGATIVE couaT, mc.9. Anctitrit v. notntsH. This cause rclate.l t , i the will of Thomis Archer, Ire o! Perry 13.4 r, irishire, which bore date on ;he 4th of December, 1815, tnd was propoiteded by, Crionras Archie, the son e f the deceeseJ, y legatee 0 ere n tainted. The party oppi sng it was rt Mr. George Liar:ill, snn-iii.law of tae d ck.!s•sl.. aid one. of the txecuters partied in a will, dale ! 5.1 i J n. 1811. The ; . eceasetl had made three co.ficils to the wilt 0(1814 the'first bearing date 1301 I.tit 1814 ; tne second, :Nei April 1814 ; and the 3d dated 26th August 1815 lie chel on t! e 4eh December, 1815, (two or three flows after the executien of the will propounded in Nos cause) leairSog a son and three daughters, rif whom tt.o were married, Mr. Burr:sh and Mr: elionisoil,. and rine, Letitia, was unniarried. • 13y the wit of 1815, he left his leasehold property and trade to his son Thomas, who was in partnership with him; £SSD, and £25 per annum to Mr. Butri-h, three canal shares to his daughter Letide ; and the res idue of fus; proper; y to his grandchildren, the sons of Mr. littriislt. I:}' the codicils he reduced the t (pest to his daughter Letitia, first to .E5O, then to w:10, and lastly to t ) per annum. fly the will propounded, the deceesed gave to Me. limns!' £17(0, to Mrs. Th-tn,on A . 1200, to his daughter Letitia di:7oo, and the residue to his son, Thomas Archer. This Will WAS only signed by a cross, as the testator's mark ; the former was executed in the tisti.,l wan and both wills were attested by three witnesses. . The case was argued at great length on thi and the preceding Court day, by Drs. Adams and , .leaner for the Liter will, and by Drs. Swebey and Lushington against it. Sir .1. Niettoee gave judgment nearly in the fele lo \sing terms : " This is a question of the validity of a p pa, propounded as the last will 'and testerni tit of a Mr. Archer.—(tiers he steted the psi:Oculars above noticed.) —It IS clear that the deceased con sidered that by his hunter will he had given .1 jest share of his property to his son,'l'nos. Archer, whom he had previously taken into partnership as a manna I'm:utter at llirrtinigirant. Against this son he enter taiaed no resentment ; but the cese was different will re w ire. to his daughter Leetia, who had grievously offended loin by tie part which she took in some de 'nestle disputes beteeen him and his late wife, who separated from huh in 1810, and died in 1811. The testator, in the coakils, expte,sly assigns her insn- • knee to him in resavet to the disagreements between him a nd his wife, as the reason for reducing her from an equal .re with his teller daughters to a mete an. nutty, as he expresses it, to keep ner from the pa : i e N. — T he w el, however, is a total departure frith the former will and codices ; it passes over the grin!. childiea eltoitether and re-admits his daughter e.e:it.4 in iet RIR shag of his ; . ireperty, 'taking into the ac. court the i iee.eions sealers:env. on his married dati ,, !i. ter.. I ,tre nu means of areeiteining the amou..t ot the residee it: this case; no is it, perhaps, of any sci y great int,p , rtaiice. The ~ on has certainly an ad. vantage in the nee will. At sill events he has no pertners'aip acceutit to reeler. 13ut the questial for me now to ciecide is, whether the will of Ike. 4, 1815, is sunicieraiy prove J, according to the i l emands ot•the law, to Lave bent the real will and i aten c en of the deceased h'ensell. It is not pretended that the dece.teed himself ever expressed any dissatisfaction at the former arrangement of his affairs, or any wish in his last illness , 'set:kir coetineed it near a mutt:::, to alter his hornier a iii yi Cudi.:lls. clfteree is stated