Star. — London, England, 1803-11-21 00:00:00

I ingly mher at . THEA+I2I iRDA - ` 4 l LANE. --- - Ardast - - Mr. newton Dorland - Mr. Pope Ten per Cent - Mr. Rumliter, jun. Edward - Mr. De Camp Philip - - Mr. Holland - - Mr Collins in ) %n 0 7 11:add:ley - Mr. Johnft one Gerald - Mr. Cook Nita - - Mrs. Powei Lana - - Mrs. H. Johnitoe Pinny - - . Mrs. Harlow Mrs. Amelia O'Braddeley Mrs. Sparks. On Satnrclay evening a novo Comedy, 'entitled Is Hearts of OA" was performed at this theatre, of which the following are the Dramatis Perfone and Fable : _ Brie" 0' Braddelv, an Irithman, telling in a cot tage, his for 17 years given proteftion to a Lady, Whom he found under circumftancet of peculiar dif clefs. Brio himfelf grown old, and reduced by eni.Rirtune, has juft had a favourite lamb killed, to prevent Eliza, the Lady he protefts, from obferving else deplorable date of his affairs. At the moment when O'Braddelty is lamenting over the lamb, Eliza arrives with a batket of provifions. O'Braddelq ob. ferret the has parted with a miniature picture, which Ike cited to wear, and immediately leaves her, de. claring he will have the pidlure again. O'Braddeky baring traced it into the hands of Mr. Areal, goes into his houfe, and infifts upon teeing him. Ardent, a pi t tfionate, but good hearted man, repulfes him at frit ; buthearing him declare that he will give all he is poffeffed,of in the world to recover that pi&ure for the Lady it belongs to, he defies to be informed why be (9'ifr4deky) is fo interefted about it ? declaring, Ghat it is the liksnets of a friend of his. 0' Braddeiy tells Ardent, that the piaure belongs to a Lady who is In his hours. Arden. gives 08radddey the pie turei„ind infilso.n going with him that is ant to fee the Lady. Ardent difcorers in Eliza the wife of his friend Borland, and the ' other of a girl, whom he (efrdasi) has, by the defire of Dorland, brought up s his own daughter. Dorland, after an abfence of 7 years (during which time he had been in India), rives at the village in which the fcene lies, and sto fee his friend • Ardent ilrekra, as loon as he Cognizes him, uphraid; him with his inhuman con. u@. Dorlassei is much agitated, and hints at the i uroe fidelity of his wife as the caste of his apparent cru elty. ardent, however, contrives to bring Dorland and Ota together, and then deflres Elita, who does of know hwlant - 1 (be being dread in the Eaftern Me), to relate the circumttances tinder which the 101 l .her butband. EGra complies, Ind in the courfe of her narrative, thoroughly convinces Der/and that be has defirted her withoutc aufe ;he makes hitnfelf own to her, and claims her forgivenefs ; they are reconciled, and of courfe all parties happy. This is ldte ground of the plot, which branches ant fo as to Introduce virions atter characters, Opon which the foteren ofrhe piece depends. • Sark qCU is faid to be the produition of Mr. A.istsonam. the Author of The Marriage Prossifi, and Forrase: Frolic:, both of which defervedlyrperienced a mach more favourable reception ban is likely to strait the stew piece. The principal charafter, .4r es*, is &etched with fpirit, but it pofefes no etrigi stiditi: it. 'is that of a cribbed old that With i very ' benevolent Sean; it was admirably performed by Dowroa. The next principal parts were chore of Ivies O'Braddsky, led 7 , .. per Colt, bet they are both ridicolondy overcharged, die one with fulfome fen. 16bility & ind the other With cum men-plies farce; fosse Vibe fanatioat lam which the latter was thrush had Marty hetsught on. a tutu damnation of the Co met* The other are all botrowed, ad ireitteh lowa to the *milord of doe . piece in Which Ither Yee aka& to faire; but the isms defelt of the giot ts the explanation given by** wife of Dwim4 diktat& of the Paled', tithe latter, which could knot have operated to produce the feparadon of Bich t ilia from filch a wistnaitarThe piece breathes Some itriable fentirmears, bet tMyortribit too much if the titles/re of the German *boil, sod the !ru bber a coati • admirably pmforstsed throush tout, and It iritlisis_oonfiderable portion of pa tience, but . ins With great dillicaky Bonuses* could ob in a hearing to gyve it eta or this night. We are fincerely forty for the fate it is likely to ex- F f iume as we had reckoned mach from the fpeti. US eetalent Which V& Aitiatian had formerly tplayed.-Alatr. Decant ratted away all the merit Which ale Ardor* idea polits..ALSonse patriotic Woke in the Epilogue were well delivered by Mr.. Anita. end as 'well received by the audience which Invaded the hoof. in all its parts.-..We know not lint the Author inesadeditte tot of the piece to sits ply, it tat, certainly* odd% to &either with the pldt or cher:arm 'Cow, xe•Gaaten.—erbe liihrtior* of Asks lured *l on Saturday evening a numerous and fplendid nu dism*. Of Mrs. SOODOWS is Nois e it ahnoti on aeceirary to (peak. It retains all theft fart:illations Which have fo lox g placed 'it btyond competition; and Mr. Coots's Shylecl continues ene of his MR perfotmances. The novelties of the evening were Mr. Kamm., in the Morlient, and the Itajwk of C. Ks MILS. Anemia certainly Desna had, in our meal leElion. fo able a reprefentative; and Mr. K BUIL 1 has evinced, by his acceptance of the cheradter. his earned defire to contribute, by every poflible means, to the gratification at the public . We have meek to c.rnmend in C. Its sums , s Bejaia& The calm fcene was happily managed. The Mailer of the Dragon. ha.: contradieled, in very aunty and proper wren, the report of a perfonsl rogue! between him and the Captain of the French gun boat lately captured. a Such a condua," he ob f " would ever &trace an Engliihmaa, who, at a'l times, and uader every provacation, would difdain to itrike a prikeer.• On Wednefslay afternoon a man called at the flsop of Mr. Daw, jeweller, in Cheapfide, soJ de fared Lome trinkets might be feat to the Swan with Two Necks, Lad-lane. fora Lady to look et. He fail he had feta gold lace and dollars to exchange. —Mr. Div took the articles hinsfelf, and met the fame man at the in to whom he gave the jewels. The man immediately carried them to the lady in the nut room, and returned with fame gold lace. laying. he wanted to know what was dip me* Mr. Day would give is exchange, and left Min to cow rider about it bet, ant rewriting. Mr. D. at tenth went into the next room, when he found the man was L ee. The trinkets wirs.worth uplink) of LA.INTELLIGENCE ASTLETTA CASE. The Points of Law in this Cafe came on to he ar gued in the Exchequer Chamber on Saturday, before the Twelve Judges. Mr. ERSKINk fa id he role under great difficulties and with painful feelings, when it became his profef fional duty to oppofe the forms of the law to its (sib ilance, and to fhield a great criminal from the pit nilhment intended by the law, by pointing out thofe &feels in the law which prevented it from attaining its objed—lt was particularly unpleafant to him, be caufe he had lately before in that Chamber (alluding to the cafe of Eaflerby and M.Fitrlane) been obliged to oppole the forms of law to tl.e courfe of jultice ; but however the inclination of his mind, and of the public mind, were againa thole great offenders, yet the public, as well as he, mull feel, that it was of much more confequence that the letter of the law fhould be the rule by which every fubjett of the realm fhould know his life and liberty were proteCted, than that individual offenders fhould Coffer, contrary to the law, a punifliment which the moral turpitude of their crimes might appear to deferve—lt was impof- I able, in human brealts, entirely to feparate the affec tions from the judgment ; and the argument he muff now hold, was certainly contrary to the natural in. clination of the minds of their Lordat:ps and all who heard him, who mull rather with that it could he proved, that the puniihment of the law might fall on the head of his guilty but unfortunate client.—He would call him unfortunate, as the indignation he felt againa his crime was mixed with fome degree of pity for the offender. In contemplating the crime com mitted, he could not avoid confidering "how fear fully and wonderfully we are made ;" what/btu/ono we are, and whatibadoun we purfue for our objesfts. Here was a man, who for twenty-five years had fitf mined the moll irreproachable charaEter, and whole condo& merited that elrarafter ; through whole hands countlefs millions had pall, (temptations that every man mull tremble to think of) ; for twenty-five years he paffed through this trying ordeal pore and uncor rupted, and in one evil hour his refolution failed him, and he committed that crime for which public indig nation, and he mutt add public juftice, demanded the forfeit of lzis life; as fuch is the lenience of the law. The Learned Colloid then, after reading Julliee Li Iltesc's report of the trial and the different counts of the indiarnent on which he was convicted, proceeded to argue that the flatutes upon which the indictment had been framed, did nut apply to the prefent cafe. In this argument, he Paid, it would be neceffary for him to give a chronological account of the different laws by which the offence was fuppofed to be con. aituted : in the firli place, he fhould examine what conftituted the crime of larceny at the common law, and then the different flatutes making different forts of larcenies capital felonies. Larceny at common law, means the wrongful taking, animo furandi, of a peribnal chattel, and this chattel mull pofitively be a thing of fome real intrinfic value ;—trifles on which no value could be let, could not be the fobjeft of lar ceny. De ninth:sit non error lea, was an eflablifhed maxim of the law; and Lord HALE had exprefsly laid down that there were many domefticated or re ' tlaimed animals, fuch as a malliff, greyhound, fer ret, &c. that whatever value the owners might fat upon them, the common law conlidered them of too infignificant a value, and too bale a nature, to be the fubjeS of a larcety ; of much more infignifieant value was the paper upon which thofe bills were written ; if it was proved that they were not Exchequer Bills, nor fecurities for money, then be could moll con 6. deafly fay, the value of thofe pieces of paper was not what the common law would allow to be the fubjed of larceny; and as to their nominal value in the hands of the owners, that was of no more confequence than the value he might pleafe to let upon his dog or his ferret e they were of no value as Exchequer Bills, becaufe they were not Exchequer Bills ; nor as fcraps of paper, becaafe as fuel; they were worth nothing. • Hiving Paid Co much of the common law, as i t & bore upon this offence, he sold recapitula te the different flatutes which might be applied to it : flra there was the flame of the 2I ft Henry VIII. which made it felony for fervants to embezzle the property of their mailers committed to their charge ; this fla. cute, which, however, wasbut declaratory of the old common taw, only put the einia-zskr on the fame footing with the thief, but by no means intended, or was ever conftrued to intend, that it fhould be a ca pital felony to embezzle a thing, which it would be no crime toisa/. As to Reeling. the law, until the flaunt of the zd of George 11. did not even take in the cafes of fielding bills of exchange, bonds, pro miffory notes, bank bills, &c.—the (leafing of them was not larceny at common law, becaufe their intrin lit value was too inconfiderable to be the fubjed of larceny; and there exifted at that time no law to make it felony; but the Statute of George 11. for the fief time. declared it fhould be as much felony as' Rains fo much money as thofc fecorities fhould re precut—that aft; for the ara time, made them to be that property, which the criminal law of the coun• try could take notice of. After the paging of this law two remarkable cafes occurred : one /foie, a caihier at the Bank, was convißed of embezrling five EaR India bonds, in manner precifely fimilar to that in which the Prifoner in this cafe bad committed this crime; and one Bazeley, a clerk in a banking hoofe, was alfo convieled of feereting a note of tool; upon full argument before all the Judges, it was held that the law. as it then flood, did not apply to either of chore cafes, becaufe the embezzling was not of property entrulled to them by their nsafters, but which they had received from other perform, on account of their maters, which amounted only to a breach of troll. To remedy this Weft in the law, the AS, called M The Banker's As," was palled in the isth of George 11. and in the a9th of the prefent King, the Bank of England AS was pallid. In the making of every one of thefe /las, the I-villa tore only intended to proted that which the law re cognized as property; but the Bank AS never thought of proteifling amain end/. imp fr .,. 4 . -. A ,„ or any thing elk under the general name °FON, which were in fat no diets ot any intrinfic worth, upon which the law could fit a valise. It had been granted on the part of the Profecutioa, that chefs were not Exchequer Bills, as not having been lined by the perfon whom the law required ; not being Esthequer Bills, as they purported to be, they were not feeterities for money— they were nothing but (craps of paper.—He then anfwered the arguments that he fiappored would be adduced, from analogy to the cafe wherein a man was executed for forging and uttering a promiffory note without a Ramp on it, by (hewing, that even in forgery cafes, where the crime itfelf is in palling thole fur good fecurities, which are not fo ; yet, if the inllrument is defective in any material point, the crime of forging is not, in the eye of the law, emu. pleted. To prove this, be cited two caks, deter mined after folemn argument, in one of which a man had forged a sill, deviling freeholds, but which was only figued by two wiineffes, inflead of three, as the law requires ; and in the other, a Bill of Exchange for a lens fum than sl. was forged, and uttered. In both thefe cares, judgment was arrellesi. becaufe the law could not, on account of thole impel feCtions, con fider the one infirument as a will, and the other as a Bill of Exchange : the fame principle applied to this cafe, where what was confeffed not to be Exchequer Bills, he thought the Court could not confider as feel): sties for money, nor as effetts of any value, of which the law could take notice. He concluded by taking a fecund objeCtion—that the Banker's ACI to far virtually repealed the preceding Afts, as, by not mentioning the words " without benefit of Clergy," to make this embezzlement a tranfportablc offence, and not a capital felony. Mr. GI Ls s then role, and (poke at fome length, on the other fide. His Learned Friend, Mr. Erfkine, hat flatted a propofition, which was certainly a no velty in our Courts of Law, viz. that our pity for the delinquent, and our hefitation to punilh, ought to rile in proportion to the magnitude of his crime. He trufled their Lordfhips would be of a different opinion. His Learned friend had argued his cafe upon two grounds. In the fiat place, he contended, that the clime of which Mr. Aftlett flood accufed, cont..] not be tried upon the Statute of the 16th of George 11. called the Bank ACI, becaufe that act was virtually abrogated by the Statute of the 39th of George the Third, callsd the Banker's ACI, which, as Mr. Erfkine contended, embraced the fame fub jeCt as the former, with this addition, that whereas embezzlement was before confidered as a felony only when committed upon the Bank, it was by the latter Statute extended to all corporate bodies and indivi duals in the United Kingdom. It betides rendered the punifhment milder, as the benefit of clergy was al- lowed by the latter aft, which was denied by the for mer; fo that Mr. A Rlett mull be neceffarily tried upon the Statute of 39th of his prefent Majeffy, and therefore could not be capitally convicted. In reply to this, he bekged leave to fubrnit to their Lorcifhips, that notwithQanding the ingenuity of Mr. Erfkine, the Bank At was fill in force, and had not been also rogated by the fubfequent ftatute of the 39th of his prefent Majefy. The former flatute completely changed tht punifhment of the offence of embezzle. ment with refpea to the Bank-rendering that a capi tal felony which was before only a mildemeanor ; the latter (Witte was intended by the Legiflature to ren der the property of all the other fubjeds of his Ma jelly :More fecure, by making the embezzlement of their effects a felony, but allowing the benefit of cler. gy, confidering the former ad, which had a particu lar reference to the property of the Bank, as dill in force. Mr. Erficine had contended that the fubjed matter of thefe two ads were the fame, but this was not the cafe. For infante, the embezzlement of deeds, warrants of attorney, and Come other thing:, was rendered capital by the former nature, as far as refpeaed the Bank, whereas, by any other sal, the embezzlement of a deed was not a felony, except it was a bond. He then adduced feveral cafes in fop port of his argument. A Ratute had been made with refped to robbing gardens and orchards gene rally, altering the nature of the punifhment, but it never had been contended, that the former had abro gated the latter. The fame reafoning held good with refpe& to two alts about fending threatening letters generally, both of which were in force. On thefe grounds he contended, that the Ratute of the 15th of George the Second was not abrogated by the fubfequent Banker's Aft. The fiend point of Mr. Erfkine's argument was, that the pieces of paper embezzled by Mr. Aftlett, came under no deferiprion of property mentioned in either of the ads above referred to, nor were of any intrinfic value. They were not Exchequer Bills, nor &entities, nor valuable clefs. In reply to this he would obferve, that he was indifferent whether the Court Should cnnfider them as fecurities or not. It would Serve his purpofe, if their Lordfliips fhould be of opionn that they were papers valuable to the Bank, which would certainly bring them under the denomination of effects. Warrants of Attorney, re ceipts, &c. Ste. were of no intrinfic value, but they certainly were of value to the Bank. Mr. Erfkine had put an extreme cafe, and Paid that embezzling the Romp of a pen belonging to the Bank, would. in this view of the matter, be a capital felony. The (lump of a pen might, however, be taken without I any intention to defraud; but if even a pen belong ' ing to the Bank Should be taken with intention to Real, he Submitted that this would be a felony. He, with fubmillion to their Lordfhips, humbly appre hended that there were fufficient grounds to fupport this indidment. Mr. ERSKINI made a moll able reply to the oh. fervations of Mr. GILLS. He admitted that the po fition, that our pity ought to rife in proportion to the magnitude of a crime was novel, and Rill more novel, becaufe it never had been affected by him. He only had affirmed, and dill contended, that the magnitude of the crime ought to render Judges more cautious, left their indignation fhould millead their judgment. He Rill held that the Ratute of the tsth of George the Second was virtually abrogated by the 39th of George the Third, upon the principle mentioned by one of the judges, viz. that leges pelerieres pion: costrariwt okra:ant and this was the cafe, whatever might have been the intention of the Legiflature.— It had even been determined, by decifion, that when a Recut* was made, abrogating feveral laws men. tioned in it, W it contained the fobjett matter of any other previous flame, though not mentioned in it, Rill that Ratute was abrogated. The fubjeti matter of the Banker's AR was precilely the fame with that of the Bank's Att. Mr. Gists bad difcovered that deeds were mentioned in the former, and not in the latter Ratute: but “ any Ucurity" was mentioned, and was not a deed a frank) f The cafes which Mr. Gicas bad mentioned, in Contort of his_ argument, was molt aafortuiete- The Litigates* bed mad. a law spina robbing an orchard, or garden, in the night time ; but, finding this infafficient, palled a ge• neral Aft againfl robbing orchards or gardens. There two were 11111 in force, becaufe the circumilance of the time in which it was committed enhanced or di. minifhed the nature of the offence and punifhment. S,) it was with regard to fending threatening letters. The cii cunillance of there letters being fent with delign of extort money or not, increafed or diminifhed the crime. With regard to the other part efhisargument, Mr. Giles had been equally unfortunate in his reply. He Ilia contended, that effeels in both the Aels al luded to, mail be conlidered as meaning valuable dices ; as it would be monarous to fuppofe that the Legitlature could intend to ponifh a man capitally for taking a thing of no value in itleff, and which he could be under no temptation to Ileal. Of this nature were the receipts, &c. mentioned by Mr. Giles. He Rill, r:f 1-e, as AS confident, that the force of his obferva tions had not been weakened. After Mr. ERSKINE had finiflied, tile Court was cleared, and the Judges cunfulted together privately. The refult may fpeedily be exp.:.9,:d. COURT OF KING'S BENCH, NOV. rst. THS KING V. ROSS. Mr. ATTORNE Y GE/41meg. moved for the judgment of the Court in this care. He was tried before Mr. illitiCe CHAMSRE, at the laft affixes at Carlifle. His offence wa , , affaulting and obthutling Come revenue officers in the execution of their office. The Court adjudged, that the Defendant fhould he imp:Waned in the common gaol of Cumberhuld tor the fpace of nine calendar months. 4 CdRD 70 THE EDITOR. The Turkiffi Medal having become of general adoption, not only by the Officers of the Battalions of Guards, but by thole of other Corps, which were in Egypt ; a Field Officer of the Army, who, with many others of perhaps more merit, though certainly not of more zeal that. Limfelf, ferved in that country without obtaining the Medal, begs leave to mention, through the Clrannel of your Paper, the following particulars, a knowledge of which will, probably, be neceffary to prevent the application of unfavourable ideas to fuch an esclution : After the action of the 21a of March had been res. ported at Conlianttnople, it was figoifted, through the Captain Pacha, to the Commander in Chief, that the GRAND SSIMIIIa intended to mean the °finer. of the Btitilla Army, which had h.ghnioully guilheri• Wilt; with honorary Medals; preparatory to which era& returns were feat for; and fa chaffs was the plan propofed, that the names ern9 of fach in cliviJual Officers as had been nasally prefers: with their Corps, on that brilliant occaion (or who might have been difabled from 'Gi(ting thereat by wossads on the two preceding ones), were permitted by his Loielfhip to be inferted for this honorary Badge.-- According, therefore, only to loch fpecifie names were the Medals fent down to Alexandria for dillri. bution. To the General Offices* were given barge Gold Medals, with the GRAND 8110111011% cypher. , let in brilliants; to the Colonels, Field Officers, Cap tains, and Subalterns, were given plain Gold Medals. with the fame device limply ftanipt ; and the allot. ment to thole different ranks difcriminated only by a gradation offar.. The fame principle was adopted in the diftribution to the correfpondent ranks oft he navy. To this arrangement, however it might have been a fubjea of tome little degree of pardonable envy; there, neverthelcfs, was never hinted an argument of objection, though all, no doubt, were animated with equal zeal ; yet the etfpojetioa to achieve, and the .&.al witiewsweesi of a fervice, are diftina in their claims for remuneration. The Regiments which arrived from Europe, after the above memorable salons, lamented indeed that they had not been in time to partake the laurels of thnfe day s ; but they acknowledged, at the fame time , the ju ice of the principle, upon which they found themfdves excluded from a Badge, which certainly was defigited to become thereby a mark of the molt flattering diffinaion. On the arrival, however, of the Army from India. through Upper Egypt, die GRAND VISSIIR, who was at Cairo, having communicated feparately with that column, recommended the Officers thereof (without reference to Lord H. the Commander in Chief) alto for the Medal, when, as they had been engaged in nti anion or confpictions cirtumflance whatever. to mark a preference, their total general sampered return of Officers and of Staff, Civil, and Military, down to the Qtyrter.mafters of Dragoons, was at once given in from their Adjutant General's Office. In cads. quence of which the whok of the Divifion from Aria, who, though no doubt impreft with Opal seal, Rill had never an opportunity of attaining even a rifles* view of the enemy, obtained the Medal, while a Corps of Artillery, a Regiment of Cavalry. and two entire Regiments of Infantry, betides a conaderable number of individual Officers, who joined from Serifs. and who, though abfent on the 2 bore an entire and efficient part in all the other Cervices of the cam. paign, and particularly in the operations agsintl Alexandria. were excluded from that honorary dii. tin lion, if fuch indeed it could continue to be called, after a diftirsaion of fervice ceded to be eonfidered is its appropriation. The intention of the Porte, how ever, with refpea to the army at large, was liberal. To mark more folly the fentiments of the GRAVID Stlol/101, with refpelt to the &kills nation, the Or. I I der of the Crelcent was gracioudy bellowed. by his Sublime Highnefs, upon the firff and fecood in com. mend, both of the military and naval forces employed upon the Egyptian expedition,as well as his Majelty's Ambafador at his Court; and afterwards to the other General Officers and Admirals who held Chief Cwwwwith, connedied with that fervice. The follow.. ing the writer believes to be the prefent diftinguiffied lilt of (Britilh) Knights of that Order, certainly res. dared more honourable from the view of the charac ters who bear it : fed Milke. Lord Haddam, Fart atCavaa, War=t e t k elley, Lord Bak, - Mr. Earl of VON General kw" Having a& JO Alegrotos. General Bar& Sir John Borbte Worm, Sir Rickard Bickerton, Sir join Craddock. Kr Eyre Come, T infignia are a brilliant flat, with the crefeest on an oriental Done in the centre : the motto ....; and an oranp coloured ribbon worn Acta§ front the lhoulder. e • h f • • it • I • • I • 1 I I ' I i I A 1 • 1 . r I t .5 F, and tsr.. trca. MU. IBIS; At WU. few. kiel. rte. sir in- IA the the ►erc Z she ghit xis t re. I d.- aa• Efq. 51c1;. T.. nnuf . or- lAM, ding Sun. coal iCkS re : dif , and ched ;the land Irune et, en * Icing :e — ,Bing