The British Press; or, Morning Literary Advertiser. — London, England, 1803-05-03 00:00:00

FISH lON. MRS. CREEVETS (late Mrs. Oen) BALL AND Mill:R. This Lady, whose taste and elegance are univer sally admired in the fashionable world, gave, last night, a Ball and Supper to 300 persons of the first rank and diszinetion in the metropolis, at her house in Park-place, St. .Tames's. The front or dining parlour was chalked out for two sets of dancers, and pined by a silo card and winding columns, and splendidly lighted. The breakfast parlour was laid out with refreshments; the suit of apartments above stairs, consisting of four elegant drawing-rooms, beautifully decorated and furnished, were laid out for the supper. The tables presented a profusion of the finest ices, jellies, sweetmeats, &c. &c. The company began to assemble at nine o'clock ; the Ball was opened by the beautiful Miss ORD and Lord Omit:row, followed by Mr Ord Lady SAtill Fine. Mr. ltinnaird Misk PI. Burgoyne. Lord H. Pew LA, H. Carendivlo. Mr T. Sheridan, Mira Aaywood. Ar. D. Erskine, Miss llornby. At one o'clock the company (9.(70) sat down to supper, and at three o'clock the dance was resumed. In the company were the following Nobility and Gentry : /.4d TankervMe. taireitaar—.Studer and Morpeth. Lorib—P.tr a, Henry, Perry. o.,ukton, and Grantham. Sit-4'. Vincent, M. R dies, anal 11. OW4:11. Gsveisrls—Moore and M.o.l.snit. Cosakive—llemichenia, King, and Moore. Means —Bennet, Kinriaird, Ilinnhy, Gray, Sheridan, T. Tierney, Ilowa J , B. North, Montgomery, Neoh• barn. Maniticl4l, Stratum, Loch, Silyertop, Irby, M /non, Egerton, O,rnwa'l, Erskine, H. and D. Ersauses, W. Howard, Ellison, Scull, Clblf, Lewes, Ordi, Cia asra..urd BrantLmbingh. Deckesses--Northrisnherland and Devonshire. Codatesta—tiokrn rine, %V estinocebtnd, Mexborough, and Mansfield. Lidies..-Morpetli, H. Cavendish, rim Percy% Bennetts, Petra, Dowager Prue, Tonmiliere , Sarah Fan., Ainnainl, Mnlgiave, klienborongh, St Clair ' Erskine, Ridlry, Lilford, Owen, C. Humby, C. Wingfield, Syke% and King. SlOtrelarr-.Bouyerie, Amino, Coleman, Erskine, M. Bur giene, Fitzroy, Hornhv, Howard, Moore ' Ratites, Sin% di, Stanhope, Sawbridge, Tiernev, Vaughan, Whitbread, Birch, Lewis, Branderiburgh, Bell, and Ord. Miss,,—Anson, Bouvene, Burton, Coleman, Erskine, Hem be, Pabetren, Kinnaird, Fowls, Cornwall, Ridley, Raikes, Bwinbiirne, Scott, Sykes, Vaughan, Grey, M. Burgoyne, Sawbridge, Coke, Haywood, St. Julien, Burroughs, F ord, and Ord& This day the ROYAL FAMILY are expeeted from Windsor. To-morrow evening they will honour the Concert of Antient Music with their presence, for the last time this season, under the direaion of the F.arl DAR riczy. Yesterday morning his NIAMEY, attended by Gen. GWVKNE and Capt. Frrxitov walked in the neighbourhood of Windsor and the Park. His MA - 'Err v did not ride on account of the unsettled state of the weather, nor did any of the ROYAL FAMILY leave the Queen's Lodge. Lady M. BROWNE, second daughter to the Earl of K r 1.4 Si A RE, is nearly recovered from her late in disposition. The repairs and alterations now making to Mr. Rosser HEAvueott's new purchased house in Hill -street, Berkeley-square, are estimated at 10,0001. Mr. Sr. Geonor C/a -Limn, has purchased the Earl of RADNOR'S house in Grafton -street, for The Miss CRAMER% commence their musical par ties next week at their new house in Tenterdca street. No performer has juster claims on the generosity of the public than Mr. Fawctrr, whose benefit is announced for this night. Mr. JOll4 CitAter Ails, of Wimpole-street, has torchased, for 20,0001. the late Colonel BARR Y'S house in Stanhope-street, May-fair. Mr. CH D i of the second Life Guards, was pre sented to the Kis°, at Court, on Thursday, by Lord CA FHC T, on his Promotion. _ The Countess of Dxsav has issued 1200 cards for her intended Routs, on the tw•o next ensuing Fridays, at her house in Grosvenor-square. The Itith and 20th of May, are appointed for Lady LOUISA MANNERS' fashionable Routs, Pall- Mall. Lady CLAYTON'S Rout, Hertford-street, and Mrs. DALLAS'S party, Sloane -street, were last night fashionably attended. The Earl of Fa imam, and a number of Gentle men, arrived at Dublin, from England, on Tuesday last. Mr. Tou,e4E,rn's Song at Sadler's Wells, " New Broom", is greatly admired. This accounts for the superior neatnett of die house. " New Browne sweep clean." Mrs. PorE is at all times interesting ; but if we may be allowed to prejudge, there is no charader more adapted to her powers than that of .Ifre. Haller in the Stranger, nor a character in which personal charms are more necessary to support the delusion. Mr. Kst...v had an amazing benefit last nigh at Drury.lanc. The operatical corps from the Hay. market, were aston►shed at this decorum of the 'dace, after the scenes of tumult and disorder to which they are accustomed at their own Theatre.— The audience were also very well satisfied with the hur,t.s and . figurantes at full price, though only half the pi pct at the Opera-house. A young Lady, sister to Mrs. PowELL, will make her first appearance at Drury-Lane Theatre, in the course of three weeks. At Newmarket, on Tuesday last, the following horses were put up by auaion, and bought in at the following prices, viz. Highland fling, 440 gs ; Alle. roma, 1 Sflgs ; and Strathipty, 1 65 gs. On Monday last, at the Cunagh of Kildare, Mr. Urn A LL v's horse Buffer beat the Marquis of IoNL o ALL% horse Cush, over the four-mile course, for the gold cup. A. threshing-machine has just been introduced into France, from England, by a firmer in the de partment of L'Ourthe. It cost, in England, thirty guineas. Several other threshing-nu:thanes, for France, are preparing at Plymouth and Portsmouth, but the espence is much more considerable. Late on Saturday night, an alarm was given that thieves had entered the house of Lord Toast INGTON, .tt Windsor. The watchmen surrounded the house, and having got proper assistance, went in search of the thieves. They found two men concealed ; and of examination it was discovered they had been ::tipping the lead from the roof. The men had been lately entrloyed in repairing the house. They were • yesterday examined before the Mayor, who commit ted t m for tr ial. • 0 PUNER.I . I; OF SIR JOHN SMITH BUROFS, BART. Yesterday morning, the remains of Sir J. Smith Burgess, Bart, late one of the DireEtors of the Honourable East-India Company, and Lieutenant- Colonel of the Third Regiment of Royal East-India Volunteers, were brought from his late residence in Piccadilly, through the City, to be interred at Havering Bower, Essex. At the Mansionitionse, the Third Regiment of Royal East-India Volun teers, commanded by Colonel Roberts, with their hand and drums muffled, and the Right Hon. the Lord Mayor, the City Marshals, and a numerous body of Constables, were in waiting to receive them.—The procession then moved on in the fol lowing order, viz. Twelve Constables to clear the way. Third Regiment of Royal East-Indin Volunteers marching in tultinins, their arm, reverst•d; officers with crepe round their arms ; motor end drums muffled. Under City Marshal on horseiNick. Two horsemen with wen's. Two mutes on hot whack. Six horsemen w ith scarf% two and two. Upper City Mendial on hors.,b,Lek. Ye:it hers. hearse and sit. Three coaches and six. Private carriage and four, empty. . Se=en gentlemetes carriages, with two servants behind. The Lord Mayor in his carriage. When the regiment arlived olit•osite the East-In. di.' House the procession halted ; the regiment then formed into double line in each side of the street— the prnces'inn then paksed.throtigh the line, the band and drums playing a stge l m dirge ; the regi ment then fell into *open columns,, and followed the procession out 'of town, the bell; o the chUrches tolling as they passed. RIGHT HON. THOIGIS. coNoLLr. This distinguished gentleman died on the night of the '2;th of April,• at his seat of Castleton, near Dublin. On the death of the late Earl Strafford, his uncle, he succeeded to his f .ordship's estates, which, added to his'owr. pa•nr:lal fortune, estimated at 20,0001. a-year, placed him, in point of pro perty, at the head of :'ac Commons of Ireland. Having undertaken, however, to pay his father's debts, which were considerable, and his hospitalities being unbounded, he did rot accumulate any mo ney, but lived up to the extent of his means. For forty years he represented the County of London derry in the Irish Parliament, and took an active part in all the political transactions of his time ; he was a strenuous supporter of the volunteer sys tem, and one of the Irish delegates sent to the Prince of Wales upon the question of the regency. During his whole Parliamentary career, he bott the charalter of an undoubted, unshaken patriot, until the Union, which he supported, and thereby forfeited some of his popularity. Those who knew him, were, however, convinced that he acted from principle. In facet, there was nothing in the man, upon which cor ruption could operate. His fortune placed him above pecuniary temptation. As to honours, he was frequently offered a peerage, but he preferred, as he said, being the first commoner in the country, rather than the - last.peer. He was much devoted to the turf and the field, and passed most of his time at Castleton, where he lived in a princely style, keep ' ing open house for the large circle of nobility and gentry whom he reckoned among his friends. He was a kind friend, and an indulgent master, but he was most distinguished as a liberal and indulgentland lord ; as suchTno man was ever more beloved by his tenants, nor was there any pare of his character to which he was so much indebted for the universal esteem in which he was held. He married Lady Louisa Augusta Lennox, sister to the Duke of Richmond, and dying without issue, is succeeded in his estates by his nephew, Mr. Byng, Member for Middlesex. Vicountesses Castlereagh, and the Lady of Admiral Pakenham, are his nieces. The new Eletlor Duke of WI arca BERG lately issued the following edict, respecting theatrical re presentations:—" His Most Serene Highness, hav ing, tcith great displeasut, perceived that many persons dare hiss during the public performances at the theatre, it is his Highness's will, that in future any offender of this description shall be taken out of the playhouse by the military, and delivered into the hands of justice for punishment. His Most Serene Highness further expels, that du, in his presence at the Theatre, no one shall hiss or applaud, unlesv his Ileghteess himself; by Lis example, shall give the signal for doing to." The impress service at Swansea has met with considerable resistance from the populace, who have committed several ails of outrage: but by the prompt aid spirited condud of Lieutenant BEN NETT, who has taken the ringleaders into custody, and delivered them to the civil power, order has been completely restored. Sir Cli A /4 LES HO L LOWA Y, of the Engineers, who so eminently distinguished himself in Egypt, lately arrived at Cork for the purpose of taking the com mand at the forts of Core, Spike Island, &c. In the following Anecdote, which is taken from Broca's publication of " The Conduct of Heroic Women during the French Revolution," Despair, resulting from strong conjugal affeaton, is forcibly depiaed : " In one of the prisons of Paris, among a mul titude that expeaed their trial, was a young man of a most interesting figure and countenance, who was accompanied by his wife, an extremely young and beautiful woman. Happy that they were not se parated in this dreadful moment, this young couple fully persuaded themselves that the same blow would release them from this life, and unite their souls in a better ; and the sweet hope of a union that never could be dissolved spread inexpressible charms even over the horrid scenes with which they were sur rounded. One day, while the youthful wife was walking in the court with the other prisoners, she heard her husband called to the outer gated the prison. She comprehended that it was the signal of his death : she ran after him, resolved to share his fate. The jailor refused to let her pass. With unusual strength, derived from her grief, she made her way, threw herself into the arms of her husband, hung upon his neck, and with the most affeding cries besought them to suffer her to die with her husband. She was tom away by the guards. Bar barians I' she cried, ' can you compel me to live ?' at the same moment she dashed her head violently against the gate of the prison, and in a few minutes expired." LAW IlineLL IG ANC E. COURT OF KINGS BENCH. w ESTAIINSTtI. MAT 2. THE RING, V. HILL DARLEY, ES4. Mr. ERSKINk appealed to the Court in support of the application made on Saturday by Mr. Sergeant Rest fir a Rule for a new trial in this prosecution. He admitted that the statute of Anne, on which the Defendant had been convided, was made for very wholesome purposes, and ought to be carried into execution, but not against the person who did not manifestly appear to he guilty, a result which could not appear, if by accident the party had not been able to bring forward the evidence necessary to the establishment of his innocence. The Defendant had been deprived of the opportunity of amending his first affidavit, to put off his trial on the absence of a material witness, by the mere accident of his not being personally present, and he had accounted fur the circumstance of his absence. Had he been present when his defective affidavit was stated, be would have been allowed to have amended it, and the Court would not have reqiiired him to have stn' • , .1 the particular testimony to be given by the witness whose absence was the ground of the appli cation. He would have been in the ordinary course of a Defendant applying to put off a trial for wait of a material witness. The Learned Counsel stated Mr. Darley's first affidavit, in which he deposed that Robert Duncan, Vv:. his witness, had, as he had been informed, gone to Scotland, orniting to add that he verily be lieved he was in that part of the kingdom. He had now amended that affidavit, and had sworn that he verily believed Mr. Duncan was gone to Scotland, and that his ont7ssion to state his belief of that fad originated in a mistake, and in consequence of his being advised that it was not necessary for him personally to attend at the assizes at Horsham. lie also stated, that his Solicitor having been obliged to attend the assizes for frahvay, in Ireland, upon the trial of an ejectment, he was deprived of the be nefit of his assistance. His affidavit added, that he had caused notice to be served on tht prosecutor .that he should apply to the Couft to put off his trial en the absence of a material Witness ; that on the 29th of March he received an expresi from Hor sham, informing him his application had been re fused, on which he immediately took a post-chaise, and went down to Horsham, with the intent of making an affidavit similar to the one he had now made ; but he found the cause was over, and there had been a verdict against him. He further said, that the prosecution had been instituted for the pur pose of extortion, the prosecutor having offered to drop it if he would give him 1501.; he added, he was advised, that if a new trial was granted him he should be honourably acquitted. His affidavit went on to state, that Robert Duncan was a material wit ness for him, for that he was at Brighton the day before the assault, and on the day of the assault, and that he saw the prosecutor pursuing Mr. Darley in the streets of Brighton, and calling upon him to pay fifty pounds, which he alledged he had won of him ; that Mr. Darley was forced to take refuge in Mr. Duncan's lodging, to avoid the abuse of the prosecutor, and the persons he had colleded round him ; and that Mr. Duncan was present, and did hear the prosecutor and three other persons consult and agree to go to Mr. Darley, and demand the fifty pounds they had done him out of the night before ; and if they could not make him pay it, they should force him to commit an assault, for which the law would lay hold of him, in order to oblige him to pay handsomely to make it up. Mr. ERSKINE trusted that the Court would not refuse this application for a new trial, when it re colleded what the offence really was which the statute meant to prevent. The offence which was the objet of the statute, was that of assaulting a man to make him pay money he had lost, and not assaults committed by the loser in resisting ag gressions made by the winner for the purpose of obliging him to pay a demand which the law did not sanction ; the policy of the statute was this—the law would not assist any man in the recovery of money won at play, but it had frequently happen ed that people procured the payment of the money they had won by intimidation ; by challenging the loser to fight, or by actually assaulting him. In the present case, it plainly appeared the winner had come to the loser with the intent if not of assaulting him, at least of abusing him, and compelling him by threats to pay the money, and therefore the as sault committed by the loser was in his own de fence, and by no means within the scope, letter, or meaning of the At of Parliament. The Defendant, whatever indiscretions he might have been guilty of, was a young man in a considerable way of trade by his marriage with a Mrs. Pritchard. Lord Et LENBOROUGH asked whether the De fendant's affidavit stated in what part of Scotland Mr. Duncan was, and whether it was likely he would soon return? Mr. ERSKINE observed that it did not; but lie added, that the Lord Chief Justice of the Court of Common fleas, when it was sworn that General Grant, who was a material witness in a cause, was in Scotland, said he would 'resume he would coon return. Mr. Sergeant BEST expressed a wish, that if this motion should fail, he should not be precluded from moving an arrest of judgment. Lord Et LENBOROUGH desired him to state what the grounds of such a motion would be. Mr. Sergeant Br.sr said there were two7grounds ; the first was, that the indiament appeared to have been presented and found before the assault was committed. The day of the assault, in the india ment was subsequent to the Sessious at which the bill was found. The bill, by some mistake, was stated to have been found at the Midsummer Ses sions in July, and the assault was not committed till the September following. The next objection was on the authority of what was said by Lord Kenyon, in the case of the King against Young and others, Third Term Reports, page 98, the Defendants were indicted for several misdemeanors, and the objec tion was, that the judgments for the several mis demeanors were different ; and Lord Kenyon ex pressed his opinion, that an indictment containing different counts, to which different judgments were applicable, was informal, and might be made the subject of a motion in arrest of judgMent upon all of them. In the present case there was a different judgment on different counts ; for the judgment on the first count was on the statute which imposed the punish ment of forfeiture of goods, and two years im- F''" .7 k l llll prison neat ; and the jt..igment oil for acommonassault, wasdiscretionary in the judgct., Mr. Justice La BLA nc asked whether any jud , - ment had ever been arrested on such grounds. lle was answered, there had not, and the argume,,.: only rested on Lord Kenyon's dctum. Lord ELLENIOROUGH observed, that as to the latter objection the judgment might be entered upon a particular count, by reference to the Judge's notes of the trial ; and, with regard to the first objection, the mistake might be amended by a certiorari. His LorciAip said he was afraid the grounds mentioned by the Learned Sergeant would not avail him in ar rest of judgment. The Court, however, on the merits of the applica tion, granted a Rule to shew cause why there should not be a new trial. NOTICE TO SOLICITORS. In a cause which had been entered for argument last Term, Lord Ett EN 110 ROUGH remarked that the paper books had just been delivered to the Judges. This, he said, was a practice which ought not to be suffered. Causes were entered fur ar;,u ment long before the parties were ready, merely is order that they might gain a preference in havin„rr them heard ; but such a pra4lice the Court would not tolerate. It would consider causes as entered only from the time of the delivery of the paper books. His Lordship accordingly ordered the cause which had called forth his observations, to stand for argument after all the others had been gone throUgh. Mr. Justice Gn °sr said it was essential that some new order of the Court should be made on this subjeel : no Rule for argument ought to be drawn up till the case was settled and signed by Counsel, and till the paper books were ready for delivery. The Clerk of the Rules was desired never in In- Lure to draw up a Rule for argument, unless the case so settled and signed was presented to him. BREACH OF PROMISE OF MARRIAGE. MORGAN V. A LEXANLIER. Mr. DALLAS skewed cause against a Rule, ealling upon the Defendant to pay certain costs in an ac tion against him, at the suit of a Miss Mary Ellis, in which the Plaintiff acted as Solicitor. The fat of the case were these Miss Ellis, a young lady, had been deluded by the Defendant's promise of marriage, and had admitted him to that degree of familiarity with her, which terminated hi her pregnancy. The Defendant had deserted her, and had behaved with extreme unkindness towards her. In consequence of his treatment of her she had been advised to bring an action against him for the breach of his promise of marriage, and for this purpose had applied to the Plaintiff, who, upon enquiring into the circumstances of the ill usage she had received from the Defendant, consented to become her Soli citor, at the same time informing her, that as she was an infant it was necessary she should rue by guardian. She accordingly commenced her aetion against the Defendant in the name of a Mr. Walker, Who for that purpose was appointed her guardian. The cause stood for trial at the last assizes at Bristol, but from motives of delicacy on the part of the Counsel, they recommended the witlidrawiag Juror, and the reference of the cause to the award of a Mr. Hobhouse. That gentleman, after inves tigating the circumstances of Miss Ellis's ill treat ment by ,the Defendant, awarded that he should pay her the sums of LOI and 1001. at stipulated periods, and the costs of the action.—Miss Ellis went back to her father's house and resided in his family ; but she was treated with such cold ness, cruelty, and contempt, that, as she ex pressed herself in a letter to the Defendant, exist ence had become a burthen to her. She, therefore, entreated him to take lodgings for her, and observ ing, if he paid the sums awardedagainst him to her father, they would be intercepted. Sho requested he would pay them to her for her use. The De fendant accordingly yielded to her request, and re newed his intimacy with her. He paid her thc. , money, together with the costs of the suit, and ob tained a release from her, she being at the time of full age. The sole question in the present instance was, whether the Defendant had done right in pay ing the costs of the suit to Miss Ellis, after she had received notice not to give an acquittance for them. The Court was of opinion that the Attorney had a lien on the Defendant for his costs, which it was nut in the power of Miss Ellis to defeat. Accordingly the Rule was made absolute for the Defendant to pay the costs to the Plaintiff. COURT OF COMMON PLEAS, Mkr 2. The business of this day was confined to motions of practice, too uninteresting to admit detailing. The Court broke up at an early hour. MANSION HOUSE. Yesterday the Water Bailiff brought taro large porpoises to the LORD MAVORy which had been eauglk in the Thames, within his Lordship's ju. risdidion. 'rhe fishermen who took them, were paid the usual fee of six shillings for each,igiven by the City for catching fish of the above description. The ap pearanat of porpoises so far up the River, is adjudged by seafaring persons to indicate the approach of severe weather. Yesterday the LO RD MA VOR went to Duk es-place, with his attendants, and held a Court there, fur tho purpose of swearing in the jury and constables for that jurisdiaion. Yesterday an examination took place before his Lordship, relative to two Bills of Exchange, which hadlbeen stolen, and advertised by the owner to prevent their being circulated. The same were, however, of fered in payment- by a linen-draper at the west-end of the town. An alteration had been made in the bills, which appeared like a forgery, done by a per son who is not yet taken into custody. The affair therefore is left for further examination. Lord SPENCER CHICHESTER, brother to thee Marquis of DONEGAL, has subscribed 6001. to the Nymph Bank Fishing Company, lately formed at Waterford ; a sum equal to what Government has granted for that purpose.—lf every proprietor oc estates on the sea coast of Ireland would follow the example of this young Nobleman, the fisheries of that country would soon be placed on a respectable footing. His Lordship, we understand, is also, forming, at his own expence, a fishery town On his estate in that neighbourhood.—Surely Government ought to encourage and extend such laudable et • eruons. • 1 A 1 e . 1