The British Press; or, Morning Literary Advertiser. — London, England, 1803-05-02 00:00:00

120 ri Ac4Dzmr. This National institution of the Polite Arts will open its thirty -gat annual Exhibition at twelve o'clock this day. Continlnahle to a long-established custom the Royal Family visited the Society's Rooms, on I:riday last, for the purpose of examin ing the paintings, &c. previous to their public exhi bition; and, after staying about two hours, returned to the Palace, accomparaed with the congratulatory applause: of a numerous assemblage ofpei cons, who accumulated round the doors. 1 /iering seemed much gratified with ma - ay of the performances, and viewesUthem with that delight And exultation which. must ever arise in the liberal mind, that observes meritorious execution emanate from discriminating patronage. Many fastidious critics have contended that his Majesty has neither fostered nor encouraged the Arts. If we believed that any candid person has been deceived by the sophistry of such critics, we could easily corresl his judgment hr van isms to is r gating to the history of Painting, Architecture, and S ulpture, during this /stomach's rcign. But this we most wave for the present, and biivtly notice a i'w particulars relating to the Acadeno:. After the Itoyal Visitors had aithdrawa, many of the Acade micians and Associates were admitted into the ronnie to see the arranged pianres. A bye-law ei tl,e Academy srec:ties that no persons but those of the Council, shall be allowed to examine the pic tures before their Majesties have attended, which is generally two Jars previous to the public exhibition. On Saturday the Anniversary I)inner of the Aca demicians, was given at their rooms, when they all attended with the associate ISletubers, and many ei,itors, to enjoy 'The Lost of swot), and the flow of 'Qui." This mode of associating and uniting with one another, and with many of - the English and foreign nobility and gentry, originated with the late learned and scientific President, who thought it might tend to promote the Arts, anJ unite the Artists with the hati p e t r classes of society. 'the plan was judiciously ed, and has been f.r.taised every year to the present time. English Artists only want a liberal and fair patronage, to make them equal, or excel the best produf.hons of the Continent ; and if the noble sentiments expressed by the Duke of Norfolk and the Lord Mayor on Saturday hit, he properly exemplified, we may expeft to see this effetled. Re side the Academicians and associates, the meeting consisted of the principal dignitaries in Church and e,tate, with most of the Foreign Ambassadors and other Geirknien of distinguished learning and ta lents. The President took the chair about six o'clock, and after an elegant dinner he gave the fol inning toasts ; cacti of which was accompanied by ro i niate airs'and glees :- 1 The King, rear Founder and Patron --God sate the The Prince of Wates."—Heil Smr ftriresirirk. a..." The linerts Jilt' Royal Family."--0 Nohay, are. The Lord Mayor and City ui Landau."—the Wooden Las. The City Magistrate made a handsome acknow ledgment to the President and Society, and express ed a wish that the English Arts would obtain that distinguished patronage and proteaion which they demanded from an enlightened and polished nation. His reply and sentiments were highly applauded. 3.-." The :fahlenten and Gentlemen who have this day kuituurvd the kuyal Ac.riemy %with their presence." Whin , leers they time us morrov Urge employ 11•6111 tor g e g ul re fil o ss, Ka, c ' red JeV r—" May Peace bless, arid the eleg.ir.t Arts ad nn this Country.".—Discord %mu 7.—" S,r Juh:plt Beaks, and the Royal Society."—Te Lore I blase. B.—" Lord Leicester, and the Society of Antiquaries."- 11 hot 11 . ..u1s b,i.it ult. 9 --" The Deka et Vorfoik, and the Seeley for the enenu nr of Arts, Manufaa um, and Commerce"— flee Mighty Catagative. After this mast, the Duke returned thanks for the honour done to him, and in an elegant and concise reech, paid a very handsome compliment to the Royal Academy, which excited a burst of unieei sal approbati•in and applause. 10.—" The Panes' ui the .%rt.."—lesp:re es Genitor a the Dee. l'AtrenA g e in this Country promote the is: g ain Etta tu that s'ar•ati.sts Mr) h..d Att4i.aftt Tit Gw4 / I, 4r. • • After drinking the healths of the Foreign Am bassadors, General Andreossi rose to return thanks, two not being fluent in the English lan.iniage, Lord Auckland very politely and handsomely explained the sentiments of the tench A mbossador. In our sah4equent papers we propose to continue this article, with remarks on the British School, and descriptions and observations on the principal Pic tures, Drawings. and Sculpture of the present Exhi bition. On &was,' a Messener WI) dispatched to his 11.sas r ‘Vintlsor, x. ids the contents of the liantburgh Mails. Saturday morning, I:er MA J EST Y and the Patscssass, attended by I.ady C• t c lio ay t s took an airing to Frogniore. 'The Duke of Ccyr,Eßr. iNn arrived at Windsor on Saturday afternoon, on a visit to their MAJr% rit s. Foal STASHOeL has lately employed the greater part of his time in bzinging to pertedion an improv ed mod: of printing. I lig invention, though in some respells simikir to the French stereotype, is said to be very sopevior to it, with regard to neatness, ac curacy, and cheapness. Mr. Moots, the elegant translator of " Ana erton," will speedily publish a poem, entitled, " The Philosophy of Pleasure." A transtaion from the Portuguese of CA moms will speed:ly appear from the pen of Lord STItAMAr The Knights r.l the Ruh are a:lively preparin?, for the approaching Installation, which is to t.►ke place on the I , th of next month, which is the Birth dty of the Qt•aty. It is expeited to be a ceremony of great splendor and magnificence, so many of the present Knights of the Bath having not yet been in stalled. Their Ball, which is intended to be most splendid, will be given at Ranelagh on the ZI of June. The Bill for the better provision of schoolmasters in Scotland art :nds to the interests of Iherature in a manner singularly .seral and dsoijed. Each schoolmaster ►s to have a salary out k:: than the annual wages of a day labourer, and not ex,:eeding the wages of Iwo Jay labourers ! We believe it ►s somewhat novt I to estimate the rewards of karnul by the Produce ut :he God or the how:: • • •6111, „~.... r- t LAW lATELLIGENCE. - ...._ . - COURT OF KING'. BF.NC.f, Waurietnitaa, Aram O. ASTLEY, BART. V. ii.sitwooti, Esq. Mr. GURNEY moved the Court for a rule for a rew trial, in a cause in which Sir Jacob Astley, ;)art. WAS Plaintiff, and W. T. Harwood, Esq. De fendant. It ..vas an action of slander tried before Mr. Justice Grose at the last assizes for the county of Norfolk ; and the declaration stated, that in the last Parliainent Sir Jacob Astley had been knight ot the Shire for tie county ot NortOlk, and was, at the time the words were spoken, a candidate to repre sent the county at the eleflion which.was then ap proaching ; and that the Defendant, contriving and maliciously intending to cause and procure it to be suspc&ed, thought. and believed that the Plaintill was an assassin and a murderer ; and moreover, that he had been guilty of the most horrible crime ot murdering his own father, and as much as in him lay, to suojecl him to the pains and penalties pro vided by tbc laws of this realm against such a horri ble crime, spoke these fast, malicious, and defama tory swords--x Sir Jacob Astley is a scoundrel, a coward, a liar, an . ass;Ls4in, and a murderer ; he murdered his own father." On the part of the Plaintiff's case a witness had been called, who proved the register of the burial of Sir Edward Astley, and that - his death was come months prior to the time of uttering the word.. Another witness had stated he was present at a ball, given at Norwich on the election of Members for the city, and a week before the eleftion for the county took place ; and that at that ball the witness uttered the words stated in the declaration. The witness added, that as soon as those words were spoken by the Defendant there was a general hissing, and he was pulled off from the table. The cause did not turn upon the question whether the words were or not uttered by the Defendant ; but whether They were uttered with the intent and meaning charged in the declaration, to impute to the Plaintiff the commission of the crime of murder in the legal sense and acceptation of the term ; or whether they - were meant to impute that whieh, however injurious to the charaCter of the Plaintiff, could not be made the subjeCt of an aetion, he meant the shortening his father's life by unkind and undutiful conduel. It did not appear that the death of Sit Edward Astley was sudden or suspicious, or that there ever existed in the mind of any man a doubt as to his having died a natural death, or an idea that Sir Jacob Astley could be criminally responsible fur his father's deuth. On therart of the Defendant, Mr. GeRNEY said he had ofiered to prove, by persons who were pre sent, When the words were ntteted; and who heard teem, that they understood ihemin the latter sense ; namely, not as imputing to the Plaintiff the murder of his fa!her by violence, but imputint; unkindness and mindful condua towards 'his f ather,' which had hastened his death. When the question was put to the , witness for the Plaintiff, who proved the wtirdi, it had been ob jeCted to by Mr. Erskine, and the Learned Judge al lowed the objeftion. Lord E,. I. EN NOVOUGII asked what were the terms &- the ques:ion ? Mr. GuaKEV said, the terms of the question were, " Whether the witness understood the Defendant meant to impute-to the Plaintiff the murder of his father by violence ;" and this question had been ob jeCted to by Mr. Erskine. The objeCtion was sus. taincd, but the witness intimating a wish to answer the question, Mr. Erskine withdrew his objedion, and the question was put by the Learned Judge. The answer was, " That he was struck with so much horror, that he put no interpretation on the words at all." On the part of the Defendant three witnesses had been called to prove, that subsequent to speaking the words, by the intervention of others, a reconciliation had been effeded between the Plaintiff and Defend ant ; the evidence was liable to this observation, that it was root accompanied by any apology from the Defendant, but it was attended with this circum stance—that at the time it took place the Plaintiff ' was in the midst of the county elation. which was severely contested ; that Colonel Harwood had voted against the Plaintiff, and was, at that momeut, ;at naive partisan in the interest of his adversary, which, upon this reconciliation, he ceased to be. The Learned Counsel sail he had also tendered the evidence of persons who were present at the meeting when the words were spoken, in order to prove the sense in which they understood them, but Erskine was not disposed to wave his objection as before : he had objefted to the witnesses being asked what their opinions were as to tile sense and meaning with which the words had been tittered. The Learned Judge being of opinion the objetion was a good one, he ....as depr;ved of that evi . deuce. He had other witnesses who would have proved, tt:at there was not one person in the assem bly, in which the words were uttered, who under stood them in the sense.charged in the declaration, and in which it was necessary they should have hceu ' spoken, in order to support the action. lie there ' fore humbly submitted to the Court, that their evi dence ought to have been received. The injury which a party in an aSion of this kind came to com plain of, was, the malice with which the words wen spoken, and the bixic in which they were meant to be understood. There was no context to explain these words; fcr immediately after they were tit tered the Defendant was pulled down, and one of the witnesses for the Ddendant had said, that the Defendant appeared to be about to explain them when he was pulled off the table. He had conse quently no °ppm tunity of adding that context which would have explained their meaning. lithe witnesses he had <Aired had born examined, it would have appeared, that however actionable the words in themselves were, they were uttered in a sense which made them not aCtionable. Lord El.l.l:Nwortorou" Was it sworn, that at the Defendant was pulled down from the table be was about to explain the words ?" Mr. Gummy said he would give his Lordship the witnesses words : Mr. Ward said, " that the Defendant was interrupted and pulled off the table, and that 11:, appeared to be going to explain ;" and therefore, that where a party had uttered actionable words, and all possibility of explaining them was dvii;ed him, he ought to be allowed to gote evidence of the sense in which they had been understood by the persons present. The words were uttered in a net extremely fit for such a subjs.& to be men tioned ; and therefore whatever the persons present intht thiuk of the words, and of their truth, they „, '#+'kr ~ . , • ..77r? probablreolllte; h v. - as an aa of indecorum to w.irds the sissernbly to twice 'use of tbem at all in , such a place, ard therefiwe they would not allow the ' person who made use of them to proceed, and to explain them as he was going to do. Lord ELLLtiliu PUGii—" Was he aftually spe.tk ing at the time when he was pulled down from uff the table r Mr. GURNEY—" Certainly." Mr. Justice GRU , k:— " It may be so; but I do not remember that there was any evidence to that effed." Mr. GARROW said, there was • for it appeared the Defendant was standing on table in the aft of speaking to the company. Mr. GeIiNLY stated that General Money said these words were received by tlte company with a general hiss ; that Col. liarwrxid wis immediately pulled down ; and what spewed that he was speak ing, was the resistance he_made to being removed Irons the table on which he was speaking, and his pushing down one gentleman who :ittempted it ; a faft which was coetirnied by Mr. Ward's evidence ; that when he was pulled down he appeared to explain himsAf. Lord ELLErt aoaoucis—i , Did he say any thing after he was pulled down ?" Mr. GURSZY believed nothing was said then. Fie added, that still further to shew the words were urered in the sense he had given thew, he had ten dered another body of evidence of such transaftione between the Plaintiff and his father as would have established the truth of the winds in the sense he maintained they were spoken. Mr. Justice Guoss—‘. I understood you to offer evidence of what impression the words were meant to convey. I was of opinion the objeaion was well founded, and I would not allow the question to be put. Ido not remember the latter body of evi dence being tendered." Mr. GL RNLI , said, he would bring it to his Lordship's recollation. Iti the course of his address to the Jury he stated, fir two purposes; one, sliewing the words were true according to the sense in which he contended they ought to be understood ; and the other, for explaining the meaning of the Defendant in using them ; a deed of trust in which Colonel Harwood, and a Mr. Jones, the Attorney for the Plaintiff, were trustees ; and he had also stated un kind and insulting treatment of Sir Edward Astley, under that deed of trust by the Plaintiff Sir Jacob, upon which he should have laid before the Court such a body of evidence that not a doubt could have existed as to the cause of the death of Sir Edward Astley. Lord EL LIN ISOR OUGH.•••••" You could not hare proved that for the purpose of slits , . irg the truth of the words. You could have used that only as a medium of proof of the sense in which they were spoken." Mr. Gus stv said he did consider it as a medium of proof that the words could only have been uttered in the sense, he had attributed .to them, and in the sense in which they were understood by every per son who heard them. He had stated at the close of the evidence, which had been received, that he had evidence to prove the deed of trust, all the transac tions subsequent to ir, and the ill usage of Sir Ed ward Asdey by his son the Plaintiff. _ _ _ It appeared, he said, that Sir Edward Astley died at an advanced age, and had been ill a considerable Mr. Justice Gaosx—" It was admitted in Court that Sir Edward Astley died a natural death." Mr. Cu 'nay said the Plaintiff's Counsel did not insist that their Client killed his father. In truth, no person ever imputed to him the killing him by violence, there never had been a death mote free from imputation of that kind. Mr. ERSKINE observed, it was the very ground of the action, that it was free from imputation. Mr. GURNEY insisted that no witness could have been found who understood the words in the sense imputed to them in the declaration. He could have pmduccd many who understood them differ ently. He had several persons of the family of Sir Edward Astley attending who would have proved such teas as would have convinced every body not only that the words were used in the sense he con tended they were, but that they could not have been used in any other sense. The Learned Judge had thought the evidence he had tendered ought not to he received, and he was obliged to close his case, when the Jury found a verdid for the Plaintiff, with damages.—Damages which, under all the circumstances, were most excessive. Lord ELLENRCPROUGH—" Take a Rule to sliew cause." TILE KING v. ItILT. DARLrY, TSR. hlr.Serjeaau Bisr moved for a Rule to chew cause why there should not be a new trial in this cause. The Defendant had been indiaed on the statute of Anne, fur an assault relative to money won at play, an offence rendered highly penal by the statute, for it was punished with forfeiture of goods and two years imprisonment. It appeared, from the affida vit of the Defendant, that tee had employed Messrs. hlarnell and Draper, Jo conduit his defence. At the time the Defendant received notice of trial, Mr. Marnell, leis solicitor, was in Ireland, and a person of the name of Duncan, a material wit ness for him was in Scotland. In this predica ment he was advised to prepare an affidavit of the fad, in order to put off the trial. An affida vit was prepared, but it unfortunately was a defec tive one, and the Judge refused to postpone the trial. The Defendant's affidavit now stated his belief that Duncan was in Scotland, a circumstance he had omitted in his former one. He also stated, that he had been told it was not necessary he should attend the trial himself; and that when he received an ex press informing him the motion to po a [erne his trial had been refused, he immediately sett off fOr Horsham in order to amend his affidavit, btit arrived unfortunately an hour after the trial was ovt,r. The Learned Serjeant said it was sworn by the Defendant that he firmly believed this cause had been brought forward for the purpose of extortion, the prosecutor having offered to make it up for tool. Under these circumstances he trusted he was entitled to have it re tried, particularly as the consequences of a conviction were so highly penal. lie was a person of consi derable property, and the ad imposed the forfeiture of all his goods, As NCB as condemning him to two years itnpriteunent. He had the opinion of several gentlemen at the Bar of great legal knowledge that his case was nut within the statute. Lord Ett.h34 tioaticoit asked whether the afEJavit disclosed what the witness would have stated. Mr. Serjeant BEST said it did not, hut if the Cour t would allow him he would amend it in that repel/. ' ' • - ~,. • • Lord Et.trynosocost said he (rid not like thil • manner of fivling fliCiiirlse of the Court; he thought the affidavit ought to have stalcd what. would have sworn. Mr. 131;, ,- r said the testimony or that person wooll • be this—he would state that the Lteferklant .liaci lost fifty pound,: which he dee/inc.! paying, that tuitnii , g parted at the time, and that no assault then took place • but that the Prosecutor aftcr.....:r.1.; Came to the 1;c-fend:toes lodging ar.d entered his will, and would not go out of the roam; he met , provoking language to thu afenilant, and said " Look in the glass, and you will we the face of .t scoundrel." .7 . 7+4 7:..TUrfi .'~`: Mk IN 1 •.- Lord 'i.l4.l.muonouon observed, that it certainl! , was a very penal case, and one could not wish to conclude it without hearing all Che Defendant to alledge in his defence. The Court gave the Defendant leave to amtnd his affidavit, and appointed Monday to hear Ali. Serjeant Best further in support of the application. '1 he Defendant, in the mean time, was committed to the King's Bench prison. coorr.n, v. MARTIN. .-.. - - A Rule for a new trial was granted in this cause ; it involved the very important question, whether a parent whose children have fortunes left etem, arc! • who, in consequence of their expedations ;11 life, gives them an education beyond what his own circum stances will afford, has a right to maintain add - mai! to be repaycd the sums he shall have so ex pended during their minority. TOWARDS., V. tVANG. This was also a motion for a new trial. It was an aBion brought against the Defendant, one of the Burgesses of Leominster, for offering to vote for Mr.l(innaird at the late eleEtion, provided he would give him ten guineas. The penalty by statute is &QOI. The fa& was proved by Mr. Kinnaird, but the Jury were persuaded by Mr. Dancy, the De fendant's Counsel, M consider the proposition merely as a joke, and they found a verdia for the Defen dant. The evidence of a Mr. Brady had been offered on the part of the Plaintiff, and rejetted. It was now insisted that it ought to have been received, and that if it had been received it would have strengthened the Plaintiffi's case, and obtained a ver diZl in his favour. It appeared, however, that Bradley had merely overheard the conversation between Mr. Kinnaird 4nd the Defendant, and therefore could not have carried the case farther than he had done; besides, the Jury admitted the fakft, but were of opinion the proposal was not intended as a serious one.—The Rule was therefore refused. MONTHLY AGRICULTURAL REPORT, FOR APRIL. The continuance of favourable weather has been such as to enable the farmer to put in his oat and barley crops in the most complete and perfea man ner. In most of the more southern distrias, the sowing even of the latter is nearly finished ; and in the northern parts of the kingdom, it is in an un usual state of tOrwardness. In the midland coun ties, the sowing being quite finished, the farmer has had a fine opportunity of getting up his turnip-land this dry weather, and rolling the wheat and early spring corn. The ravages of the grub upon the wheat, which in the early part of the season, seemed to be confined to a few pieces of ray grass ley, arc now much more extensive, and threaten a very material injury to the crop : harrowing, and rolling with a very heavy roller, have been the means em ployed to check this alarming evil ; and, if it be at any time beneficial, it must be so this dry season. The winter tares are, in general, very far from good, and, unless there should soon fall soni c warm growing showers, they will be but of little profit. The winter wheats have, on most soils, a pro mising appearance, even in the most exposed dis. trios, they have kept the ground unusually well, and are in the most healthy and vigorous state of growth. Those of the spring sowing:. have likewise the appearance of covering the ground well, as w e ll as of a vigorous and healthy growth. In the best corn markets throughout the kingdom, grain seems, in general, on the decline in price. —Wheat ave. rages :ins. sd. ; rye 365. 7d.; barley 245. Id. ; oats 19s. r.l. ; beans 31s. 6d. ; pease 355. 2d. Yet, although the pike of grain seems to be on the de cline, the increase in laud-rents is considerable in many places. The hay distrias have, in common, the appear ance of being more early, and of having morn abundant supplies of grass, than is generally the case at this pet iod. On some warm, sheltered, and highly ni.unired spots, the ray grass and clover is sufficiently forward to admit of being stocked witk milking cows, laying them at night in the yards. On the pasture lands, there is also, in most dis trias, a great show of grass, considering the earli ness of the season. The clover and other sown grasses are likewise in an unusual state of fonrard ness and vigour over almost every part of the island, where they arc cultivated. But, notwithstanding these promising appearuices of an abundant supply of green food for cattle, the prices of both fat and lean stock, of all sorts, still keep up. Mitch cows every where bring extravagant prices; their advance, in some of the northern parts of the kingdom, being nearly equal to eight or ten per cent. Store cattle also keep up their price. Sheep are very high, especially good heavy woolled, lamb hogs, and forward couples. .Horses keep their price. Store hogs are lower.—ln Smithfield Market beef sells from 4s. 6.1.,t0 ss. 6d. ; mutton ss. to Gs. veal 4s. to 6s. 6d. ; pork 4s. 4d. to ss. 4d. Hay is something on the decline.—ln St. James's Market, hay sells from 41. 6s. to 71. ; straw 21. 25. to 21. Ils. • By the last packets from France, we have the in formation, that the utmost anivity prevails in all the French garrison-towns along the coast, in mounting guns, and making every preparation for a state of war. Mr. Asa. t will not be tried till the next Old Bailey Sessions, in May. He is now fudged on the State Side of Newgiste, where he will remain till his trial. We are sorry to hear that a misund‘rstanding has taken place between the Commissioners appointed for the sale of the lands in the island of Irinidad. General PICTQX, it is 64144 i 6 displeased at being superseded by the person sent out by Govern ment 4 at the head of this Commission, and bas litteu to be tecalled. k' s •• .... .. .• 1 - • 4 •.Y { ' A . MIL :.__..-h......—Zaa V • U .1 T • e' 1 . ... :1 4 ,e r