The Statesman. — London, England, 1809-11-25 00:00:00

C P 1 S or At ITS or MR. KFAIRLE ANI) 0111F.RS, IN AVIPORT OP Tut; !MOTION AGtIYST MR. CLIP. UTlll.3li, rust A CO MUM RACY. inure litt LIP tater., ;read niaseilvstrert, filooms in Cie County of Ali ldlcsrx , raupare, raiketh oath ol siith; that he is tine .of tap Prop. ietors id t►e New ficitre Root. C.oent tinretc:z, in the said County of Mid d:r.t•x ; and that on the Irate rEatre Royal, Covent Garden, d.astroyed by the a►.tnth of Septemh-r, one thow- . sand eight hum Ired and. eir:ht, the fir o prielar.., with all pos sible expedition, caused the said New Theatre to be erected, ith every acconomodetlion for the Pobtic, at a vent great expence, with new SCOW., dresses, and decorations. of every descri;itioo. And this Deponent further suith, that on ae fawn of the very large sums It money expended, the Pro prietors, am! Nl:soagen., were wsder the nee-vino of rairtag 14e privet of a , n;,•ioa, to tire Base•, sand I'it, of the said Theatre—to wit, one shilliux advance, au the admi-sion to the Buses nt whole price, and sixpeace advance int the ndati.sion at half price—and sixpence:advance oil the admis sion to the l'it at the whole price, but no advalwe on the ad ini.si•m at half price--and certain additiroal Boxes were M t•d up nod let re persona who were div.insed to-he ACCOM- IeujtTLD with the same at ao annual rent. J. P. KLNIIILL. situ in Court ei;s h day of No*: 1809. the l'ourt. Joseert flt.a +instates, of °ranee-street, Red Lion squire, in the thrum: of Uiddleset, Gentles us, nahketh oath, mid shills that he is P ea.). pier at the New Theatre Royal, Cavent-(iardem. in the said County, and that in the month of September lah, the Proprietors and Nlanagers of the said Theatre, caused public notice to be given, in the Daily N eus• papers, an 1 (stet rwise, of the intended opening of the said Theatre, rm the Lighteenth (lay of th.tt month—with an ad dress and appall to the Public, that 01 account of the very great espehee in erecting of the said Theatre, with the addi tion of New Scmiery, Dresses, and r)m-orations of every de siiptino, the Proprietors and hinnagers were under the ne cessity of rah ing the pt ices of admission to the Boxes am! Pit of ths• said Theat hit) one shilliug advance on the ad mission to the Bore. at full Price, an! sit-pen, e advacee on the adasiolon at half-ps ice—arM sixpence advance on the &cl inks:on to the I'it, but no advance on the adinhsiiin at half pi ice. Ana this Deponent lint:ter saith. that before the opening of the sail 1 beater, and imotediatcly after, and doe* to this ti tic. divers articles and letters have appeared in several of the Daily Newspapers, calculated and ilcs4ned, as this Mponent believes, to excite persons to asstnisle in the said Theatre, and by furre, clantonr, and riot, to came the Drimatic Performanas to he put a stop to, unless the Pro priatom and Managers world abandon the prices of admission. That, on the said eighteenth day of heptember last, the said Theatre was opened, f or the repte.sentatioa of P his lays, Tragt•- die-, tnedieSaisd other Theatrical and Stage ['circlet:stances, ith such adistintml prices to the finish and I'it as aforesaid; had immediately on the dohrs heir.g opened, a groat number of Persons a-smithied in various parts of the said Theatre, Kiln canducted themselves in a most disorderly. reintriltvort, va.l riotone snag:see, some of whom hulled down and dears it , od th door , of the Roves, nod continued making a great raise end riot, v ith cries of " Off : Ofd: 141—No New " Peters ! . -0!-/ for Ener :** dining the %hole, se greater put or the l'ertiwnsance, so that but a snail port tilt resit could be heard : and a great number of persons were :h.cinbletl on the outside of the said Theatre% making a great unise and dis:urtsa:a•:•, as Dr;poileitt•lattlt hcen ilifonited, And Ir Ihirs. A3l this Deponent further saith, Cm, on the ,nereediii4 nights, the said • lite:tire Was opened, and a escat imbiber of pet•soto assembled during the whole of the p srformonres, ant: made a great noise, and riot, lir sleighing, hallooing, hooting. hissing, graining. barking in imitation of dogs, with cries of " Of! off! of! No New PrierstildPrices far ever," accompanied be blowing of horns. and trumpets, so that but a smltii part of the perfortnanre could be heard, and 'nine of those persons tore up the covering of the seats in the Pit, rut the 1/Map of the doors, and did other damage to the said Theatre. And this Deponent further saith, that these rh•!t h tying thus prevailed for as succeeding nights, the P. oprietors and Managers determined to cline the said Thea tre on the 2M day of heptember last for some time, awl it was shut up areenlingly. And this Deponent further south, t 'lit during the time the said Theatre was sa shut up as afore aul, the accounts of expenditures, and rd crap's, for the list sit yenrs of the said Theatre, were submitted to certain (knifemen, for the purpose, through them, of satisfying the Public, of the necessity of rhisistg the prices of aikethoion as aforesaid ; and that in consequence of their einetinution. and report thereon, the Theatre was re-opened en ednesday the fourth day of its-tuber last, at the same a 'raneed prices. ansi a great number of persons assembkd in different parts of the said Theatre, a..d during the Perfor mance therein, made a great noise and riots, a ith the fan shouts, hissing., groans, hallooing, and hooting, a ith cries of " Off! Off! Off!—No New Prices!- -Old Priers fur Ever! %o Priests Bezel !"—Witil numerous other expressions therehj e.rriiing others in the said Theatre to rushy, riot, aid disorder, so that but a await part of the Peformance .•ised he heard. And this Deponent further saith, that the -aid 'Cheater has continued open, from that titre to the present; and fur some few nights from the re.opsnive there nf, on the -aid fourth day of October int, from the noise, riot, and disturbance. as aforesaid. during the dramatic performance, hitt! • or no part thereof eael I be heard ; but, 6.3 aftfrarards there was little or no tiaterruption to the per t e - sn.hahh, and the audience remained nearly quiel, and the dramatie performance was hertrd,• until the persons coming IN at lull 'prior to the said Theatre, were admitted, when noise, Few, aa.l disturbance of a similar nature, commenced by a somber of persons who came in at half price, into the • ha Pit, for the purpose of tumult and riot, as ii•pnisent believes : and joining together in a parts, hen in the said i'it, battening, singing, laughing, zhianine, hissing, with cries of " Off. Olf, Off, No Neer I'; ice. ; Old Priers fur ever, No Private Boxes," using born., trumpets, whistles, eratchmenh rattles, dustmen• and other noisy hetruments, during the rehtiainler of the performances; and an other night-, the like ;mber of persona stueneling at half-price, coming in a party with the Letter: O. P. (meaning, as this I/eponeut belicret, Old Prices) its their hats, and on their breasts, and immediately .iostueneing the like disturbance, nud riot, snakier mock caning abwit en the seats, ;smiting each other about, and pushing each other with great three, mid in a body, upon p:vreaile spectators of the dramatic performance, rearms' of them forming in a !lady, at the npprr end of the Pit, and rJ hingdoun to the lower, and transpling on those who would •sot get nut 'if their way. And this Deponent further saith. that neon several when corotab!es, or other ',cue "fseer4, have entered the Pit, aid other parts of the said "I flea:re, runt endeavoured to appreketM persons who have been artively eurtged in the said tomults, and riots, and hive yelled, nrid a pprehended, or wir sir them, that twiny netters, a ho here also erg aged in the said tumults, n"rt hay , re-kted the said oath:thighs or peace oillrerh and have amually beat, and Gueed them out of the said Theatre, and rescued the person or persons they hides apprehended, or endeavoured to approbearh as Ohre said: and that am several occasions, after the dramatic pi-t -ransms-es were over, the persists, who had worn the letters 0. P. in their hats, and had been engaged its the Imamlts, and riou as aforesaid, have takes the said letters out of their hats, before they have tptittea the Pit of t h e said Theatre, is order, as Ikpou •tai believes, that they might out be reeog tti•+ed. and have departed in a body, iu order. as I)epduent believes, that they might, by their numbers, and strength, deter the Constables. and Peace ()dicers, from apprehending them : and that many of the said persons, have exhibited pa per-, or•placards. wills various ieseriptions, and wearing the letters D. P.as aforesaid, and as I)epnnent believe', tor •the purpose af crcilin; and encouraging a determioation, by and isambsr', anal by tlninnutott opposition, to compel the Prnprietors ba relinquish the demand of the increased prices of adenissien, and restore the old prices, and to snake it impossible for the ordinary exertion, of the cis il power, to preserve the peace in the said Theatre: and this Deponent believes, that there has nut been any genuine expression IJ opinion on the dramittc pieces tepreseuted, which have been all pies-es which have before received the sanction of public approbation, except, an entertainment exhibited on the or•- cn.iou of his Majesty'sentering on the .ianti year of his reign, called The Jollier, which was performed, from the keenly fifth of October last, for several alights ; nor, on the acting of the Perforat•rs, bat a certam evilest/tic hostility to the Theatre. And this l)epament further smith, that the riots, and tumults before-usentionod, have bees conducted, by per sists who have come to the Pit, and other parts of the said Theatre, night age. night, a 4 this Deponent believes, for the sok purpose of tarault and riot. AA tails I)epoueni further saki), that severest persons have been taken into 'custody,•ou account of their having been en,enged in the said' riots, and found bail foe their appearance met the last Session, held, in and for the said city, and liberty of Westminster, against some of 'chum, bills of ialietment were preferred and I found at the said Session, .an or about the tacenty-stoerdh, and toosaly-eighth days of October lad, and some of which, have been removed by Certiorari into this Honourable Court, and are now pending, as this Deponent you been issforined, and believes. And this Deponent further mith, that the said riots lave continued every night of the performance, ' from the said eighteenth day of September last, and are nightly commilled, so that hut a part of the dramatic per frirmaace can possibly be heard, to the annoyance of the peace able part of the audience, and to the great damage stud loss of the said Proprietair,, and Managers. And this Deponent further seith, that on or about the tr.•eesty-sirlh day of Octo ber last, advenisetueasts appeared in the Public Newspapers, stating as follows, " 1 hat subscriptions far the assistance of " persnos, coosidered as unjustly prosecuted by the Proprie " tors and Manager, or Coyest Garden l'heatre, arc received " on account of the Treasurer, &c." and which said adver tisement concludes with " The Public are respectfully in " formed, that a Committee will hcnppolnted in a few days, " to investigate the claims, of such iedividuals, a: may consi as tier themselves entitled to assistance ;" and that in many of the daily Papers, between that day, and the day of making this affidavit, isdiertisements have appeared. soliciting the like subscription ; and there hate appeared with the said adiertisements, notices of the receipt of sul►vriptions, with /la signetions and observetions. (airflows to the l'roprieters and Nliumgers of the said Theatre, and exciting the Pabli: . to per sonal niolonte towards John Philip Kimble, one of the said Proprietor and Managers : anal from all is Ilia, he, this De ponent, believes, that a conspiracy of a great number of per sons path been formed, and duth still subsist, to compel, by nightly tumults, riots, anal other mean.', the Proprietor! of the said Theatre to reduce the prices of ndmi,sion to whet they had been, prior to the !menhir down of the old Theatre. And this I)eponent fersher smith, that. he belieies, that by the `said nightly tumnits,nnel riots, many p.eareabk, and pose, persons, ::re deterr - erl - fiTnat atillsding the said" 711haire, from fear uf pe.s•soal violence. And this Deponent appre brods, that if a stop is tint put to the same, that very dan . gerons, if not Mat, consequeuers will ensue. Swam in Coed. thi• 20th JOSEPH GLASS INGTON. day of Kotember. 1809. By tbe (;oort. It is said, that three persons, holding highly lucrative situations in the Irish Post Office, have received notice of dismissal. The imputed offence consists in their having made untrue returns of the income of their situations, and thereby ena. bled. themselves to receive a supposed annual de. ficiency. A fourth, not in tl►e se:ret, made a true return of 11501. income, and thus the detec. tion of the others was occasio►►ed. I• At no period of our history was there known . sach,stores of wine, brandy,. hemp, tallow, tim. bet., Ike. as now crowd our docks, quays, and warehouses. '1 he Lady addressed as dear Polly, in the let. ters of Mrs. Si onoNs, has beau Kir confidential' , ff iend and companion for years, and is the daii , h. ter of the late 'turf who was Pro. prktor of the York . Theittre. Mrs.. Gam Du's maiden name was Ggvcti. Sim is respectably el. li.ll in Ireland. ELOPENTVlT.—liand.bills have been circulated about the Metropolis, offering a reward for the . discovery of a young Lady of 18, the daughter of a wealthy distiller, who doped from her dwel , ling in the vicinity of St. Martin's-lame, on Suit-1 day last, with a private soldier. The Lady took with her about one-hundred Ptionds, and she made' of when she was supposed to have gone to two with a married sister in the neighbourhood. Om Tuesday the Court of king's Bench decided the cause of the Earl of Lixoscy against the; Trustees of the late Duke of A ncarrcii, in fa. your of his Lordship, by u hick he becomes pos sessed of his ancicot family property of lilting toil, near Stamford. On Monday, the '2oth instant, a grand match of single-Wiek was played at Andover, iti Hump shire, but ween the IVittshire and Somerset men, which was won by the (araier, they haring gained the greater numb 4 of biokui heads ; however, by some mantel's ring they did not receive the prize of 20 guineas. A younglatly, of the name of Soars, the daugh ter of Mr. Sows, a mealaian at Sheltie) Mills, Surrey, was drowned in sight of fort two sisc•rs me Monday last. ,he was leaning user a rail at the mill,head, when i! gave tv.iy, and she teas plunged into•the water. She wns in a mom, sit counted in one of the large wheels of the nit! , , and her body was racked in pieces, , n first wily part of her remains were found. Tile (I.•CclOEd was 17 years of age, and the pride of her f A battle will shortly take play- betwixt Ni cholls, the Bristol man, who heat riWi at Black water three years ago, and Richman the black. The latter received a challenge (roll Nicholls, which was a..cepted, and the coitte,t st PI take place in a fortnights Nicholls is lather the fa. rostritc. • Prat III'ATESNIAN. THE PRIVATE BOXES. Mn. Ent?ott—The public justly reprobate the introduction of private bores, as an encroachment up~n their priviligts, and an attack upou their mur.tia ; but it appears to use that they _have yet to learn that these European Harems aro support'. ed by a tax upon themselves; that the debduehed Peer, or profligate Plebeian, who occupies them, ,pays but half the value of the,e uselcs. and exiteu , sive innovations, while the public arc dragooned into the payment of tho remainder. 'VIto follow ing calculations and observations will, thiak, put this fact beyoud the possibility of doubt, and convince a tiscertaing public that the annual re venue derived frow a circle of public boxes, is double that derived from the private tier ; and that it is to make up this d ficieney that an ad, cancer! price is exacted lot their admission. Anil first, as to the open Boxes, The lumber of theta hi each circle 46 The number of ',crumb each a ill contain 6 .... 14. The total number of per.iorn The rate of ad.uis.iou to each S1)1184 The produce of each night i :H uigliti of perfornutuce in a men are 2t/s1 The annual revenue ,,C210 As to the Private Buses, They are la number 4B The sabrcriptioa to each i> gated to be per amt 4tAl • . .The annual revenue • Thus it appears, that the difference between the revenue produced by a circle of open boxes, and the private circle, is 14,4401. Now let the subscription to a private box, viz. 1001. be divided by '2OO, the number of the nights of performance, the product will be 21. per night for each box, holding siz persons, which is just Gs. %J. each person. The private circle has two staircases, and a lobby common to itself, but inaccessible front every other part of the house. The grand stair. case is truly magnificent, and the lobby fitted up with much greater elegance than that which is open to the public. The corridor leading to the boxes is covered with matting. The boxes are fitted up fur the reception of six ier'ons only, but behind each of them is a small dark chamber, the dimensions of which are si.c feet in breath, and nine in depth ; these boxes, as well as the chum. berg, or anti.rootos, if they can be so called, are carpeted, and no luxury is wanting that expellee could furnish. Surely this statement %ill warrant the following conclusions : 1. That the Manager has expended considerable sums of satinet , and sustains ma annual loss of .11,0001. in a part of the establishment, with which the public have nothing to do, and from which they are altogether excluded. Y. That by raising the price of admission to the public at large, he seeks to reimburse himself fur the expettre he has unnecessarily incurred, in prosiding superior accommodations fur 156 us/li vid/sell. 3. That were these Mixes tales drottn and lifted up for the reeepti , oi i f 1.2 per4ons each, the in crease of income u onid obviato any necesily of the advance of price. 4. That these boxes are at present supported by a tax upon the public, and that should the public ultimately acquieBce in the extortion, the private hoses may then be said to be supported by voluntary contribution, with as much propriety as the Middlesex Hospital. K.. 94 . • A FELLOW CITIZEN. The Plorer sloop of war, which has arrived at l'lymouth, fell in with the Coqfiance passing ap Channel from the Brazils, and received on board from the latter a Naval 01110er, charged with dispatches from Admiral DE Cooney ; and a Gentleman, said to be Lord STasoloroato's . Pri. Tate secretary, charged with dispatches f.o:n his Lordihip. The positions of the armies in Spain were, about the middle of last month, as follais a strong division of The cnetnyN force was at To. kilo ; and NIORTIEttia d.visions had joined in the neighbourhood of Plasencia ; the Spanish di . . vision of Estren►adura had its head-quarters 'at Delcytosa ; those of Marshal Beat:group at Castel Branco ; the English army occupied the positions of Muntijui Puebla, Talavera, and Badajos, be. ing daily reintirced by troops from Portugal. The Duke del Pa ROUE itml General Bat.t.asrcitos are supposed to have entered Salamanca ; they took, in the neighbourhood of that city, a con. voy, and many carriages intcoded to carry away the sick. The Opera-House will open early in December. A new actress, Madame LI tt..AxiNt, is engaged as principal singer for the Serious Opera ;lame BIANCHI is engaged fur the S..riois and Comic Opera ; and a principal female singer foi th- Comic Opera is engaged from abroad, to join the Company in February. the principal 'rotors for the Serioui Opera are Signors Toast t2/.l:tx anti Si novt ; the other principal iiigers Matlinie CA L nElt I vr stall Cut.ar , t, Signors N A Lou, R o y, DI ND , And nE G 0 V.\ • MI. r.r EICSIIELL is Laster and Director of thy Orclies ea. On Tuesday afternoon a pilot belonging to Ply mouth, named Mason, was employed to work a foreign vessel up liamiraze, just at the time the U.sntlirt gun.biig was working down the harbour; both ships accordingly came in contact, when Ali. 1 son, in order to save his boat, which was along side, jumped into it, with the intention of going to• the other side *of the revel ; unluckily, however, he had scarcely descended into the boat ',ken both ships closed, nail crushed the poor fellow to death betsreen their !hies. Ills death must have been in. stantaneous, as every bone in his body was lire_ rally pulverized. lie was a widower, and has lilt a large family. On ‘Vedneads, evening, between the bows of Urnr and seven, the house of Mr. Mit.xv, M. P. for P‘onfret, in Yorkshire, N". I+, linltim.stecet, Piccadilly, was broke upeu and rubbed. I L. 41 VOIR LLIGH . NOS . .. COURT OF OF Klncrs anscH. Friday, November '2l. This was a day fur heariug special arguments is oases; several were beard, but iii the unly on• that was in airy degree of public interest, judg ment was deferred. The subsequent motions were all matters of course. COURT OF'eti.wriON PLEAS. Frailty, Nov. lin . , sITTINCIC AT NISI rams, BEICJIIE SI IL .1 %NM MANS. NICLD, AT GUILDHALL, 1.0 IDON. .24LA I. V. 1)1.:Ei% This was an action brought he the Plaintiff to recover the amount of a Bill of Exchange accept. ed by the Defendant. Mr. Serjeant Su Ern sun, for the Defendant, ob. served, that it seemed to be an accepted notion amongst the Gentlemen at the Bar, that if an ac tion was brought OR a Bill of Exchange, the na tural result necessarily must he, that the case wuuld remain undefended, and the Plaintiff gain his cause without further trouble. Ile confessed that he was himself in the habit, at times, of drawing similar conclusions ; but notwithstand. lug, he believed there werefew instances in which there were niore just grounds of complaint than in the transactions so generally carried on in the course of trade, In which, fur the sake of conve nience, recourse was had to drawing and acedpting Bills of Exchange, be the practice of which he hid (to doubt malty very serious frauds were pcac. tised with Impunity. Tile present case, he averred, was a convincing proof of the justice of his remarks. Ile then stated that the Defendant, his Client, had applied to a person of the name of Marsh, who was a kind of discounter by commis. siren, to get a Bill of Exchange of his own dig. counted fur '2501. and in order to make the matter appear more regular, it was agreed that Mr. Marsh should draw on the Defendant for the amount mentioned, which he was to accept.— These teems having been camplkd with, Mate' went to the Plaintiff, with whom he had some dealings, and tendered him the bill to discount.— The Plaintiff said he had no objection to comply with this request provided Marsh would allow hint to deduct 901. the balance of an Account pending bet %Ten them ; to this Marsh agreed, and the Plaintiff appointed him to call on the ensuing day, in order to receive a check for the difference be. ..tween the Bill of Exchange and the said 901.; but ou his coming at the time appointed, the Plaintiff refused to perfurm his prumise q unless Marsh would agree to sutler him to deduct a further suns of 4bl..tfie , balance of another account which Marsh also had with hint. 'fn this proposition Marsh would not agree, .and the Plaintiff refused to return the bill, unless his terms worn complied with. Marsh afterwards sent a versent who ten. acted the two sums of 901. and 481. to the Plain. .tiff, and desired that the bill of the Defendant might be reterrned to him ; the Plaintiff, however, would not comply with his request, but declared reschttian to • - keerlift:triff. Le also .oßeel Bourse the 11181 beeanseelve, and on its being ten. dared fur payment !gibe Defendlist he refused to honour it, do' the gltuuted of value never baling been received. To recover the amount, there. fore, of the bill, the present action was brought. The Learned Serjeant trusted;' if he was able to ipbstatitiate these circumataac 4, the Court would saucer with him that the Defendant was entitled to a verdict. • In corroboration of this statement, he called Mr. Marsh and the person sent to demaud the bill and tender the balances alleged to be due, who by (licit- testimony fully proved the correctness of the case stated by the Learned Serjeant. Mr. St rjemit Res?, fur the Plaintiff, by cross. examination, and the evidence of an attorney, named Ricks, endeavoured to prove that ►Marsh h►d tendered the bill in question to the Plaintiff, in payment of the debts due by the said Marsh to him ; and Mr. Ricks stated, that having received instructions from Mr. Neale to sue Marsh for the two sums of 901. and 481. Marsh had told him that the bill of the present defendant was paid to Mr. Neale in liquidation of such debts. Mr. •Serjeatit Rest therefore argued, that if this was the feet, of which he had no doubt, the plaintiff au fully justifire in his action. Sir JAMES DIANSVIELD was of opinion, that if the Bill alluded to bad really been tendered to the Plaintiff fur value received for t!►e debts alleged to be due by Marsh, most cerlsialy he had a legal risht to demand payment thereof ; but if, on the contrary, as stated by Marsh, no such offer or proimus►tion had been made, anti value had not been received for the bill, then the Defendant was nut bound to pay it when presented. 'fl►e decision on the justice of the ease, however, he should leave to the J ury. llia Lordship then sum. n►cd up the evidence, and the Jury, having con sidered a short tone, returned a verdict for the Defendant. . ADMIRALTY COLT It F. DOCTOR'S COMMONS., The Richt lion. Sir %Vas. SCOTT has adjudged the Following CA , CS:-.- Eleanor, Hall, master.—ln this ease the Court cave judgment. This was an appeal from the s •n. tenet: of the Vice-Admiralty Court of Ita et hip condemned the ship and cargo for a breach of the Navigation Act. The Court, after vita- • .mining the ple.idings and evidence, was of opinion, that the sentence of the Court below Wii correct, and accordingly allirmed the same. alior;rs, Keetstroin, master.—This cwedish ves. rel w fiscovered byiwu s,ltios-biltseks, the Per severance and Ceres, a eutuplete derelict, her crew having doserterrlter ; and these smacks were in the very act u 1 twisting her Wu Ilsrwich harbour orhen the Mariner guti.biig took pospeotion of her, fur which rervice t ii claim a:so of , alvale was set up. The Curt prannunced the too fishing ,...alieks to be entitled to to u.tifths of the value of the iprurrrty, after deducting the esuences, and *Vowed thegiiii.brig out cnasidciing her sir. site as absolutely necessary. . . - 1 I ,