The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-08 00:00:00

OXFORD, Dee, 3. On Friday and Saturday, in the last week, the Music Room was graced by Madame CATALAN t. This elegant Syria seems to have poured forth all the treasures of her sweet sounds. with peculiar fas cination, into the bosom of Isis: for never, at the Opera, or in any of her Conceits, did she display mot e ecience, or warble with mote native melody, than here. On Friday evening she gave her beau. tiful air, 4' 0 'panto l'antmo," twice, and was ap plauded with bursts of rapture. But she sang to the heart more than ea the ear, while her voice lan guished, in " Lunge dal taro Gene." o,s Saturday, Kee Palaces was so delightful, that human nature could not resist the temptation of an efteore, though her great exertion should perhaps have pleads ber excuse. Of Rope feld a jgraieriat 14/e," it were vain to say any thing, since enough cannot be said. They who have heard her cry " fewpio, el tom pia," will think the same of her grand recitative and they who have rot heard bar, would conceive but of her excellence front a feeble description She concluded with " 6od Saw Oa King." thrice told—yet still invoked again. The rtfledit of her pronunciation was as sweet as her smile, and both gave another, and a new grace to the powers of her transcendant genius. These Stanzas were composed in the Boom : Thy other tune, the 'lipid note, Solt warbling from thy marble throat, May be achttled by many ; But dear to me the name That plays upon thy lys the white, 0 lovely C t ! To 'mat the mutie or thy song, Each Mu.e arrt Stater.Gratte sht,tal I throng, (It °moat toast "f any), Phis dire the din, and dark tlw crowd, That frow rid in tslai./. sod oft aad loud, Invok'd tbce , C A r. WhiM Beaux in velvet, silk, and mem Thy patient •ar with nonsense urge, Aiiil widely sure th. many : While maids, all pale, and melancholy, And w.`as. hike W14401b., seeming holy, Gla.'don mass, C ; Mill deist thou smile, aid warble still, E'en as the lark, so sweet, so shrill, Thee sings unloading any ; Like bet's, thy notes to lleren mimeo Thou art a sa tiv• of the skies, Angehe C t ! Saturday last, the appointment of Puhlk Prase%. • r) succeed those who will gi ont of office at Achaelmes nett, was submitted to Critivocatiots. &al .h.td the apt.robation of the }louse, e)z. Rev. Pionets P. D.D. Principal 1.1 St. f.l,ty Hall. Rev N.iress M. of hlerfen Col 1 . 4•. Re•. Joon Dean, M A. Lilo. of 11 , 4111,11 , 44 Nev. VI/41mm Mews. Dotaboß., M.A. Vdluw et Corpus Ch I.ti College. _ _ -- - . R.,. Joh n Motion% 14 A. of Exeter Canna. The some day Mr. Henry Kaighdey, of Christ Church, was admitteJ Itichekr of Arts. Thursday, the Itev George .t.epherd, M.A. and Student in Divinity, of University College, was ad mitted Bachelor io Divinity. Messrs. George Dix. Mall Grimes And *Thomas Duffield, of Merton Col lege ; the Hen. George ChArtcs Agar, the Rev. Hugh Chnnihres Jones, and John Mattlnas Ismer, Christ Chtret 4 Hew. Joseph Jones, of Jesus Ca get nee Hear)/ Autos and Chatles W,l iems, e Universi'y College. B.A.were admitted Master, cl Arts. 6 4 . Henry Wm. Carter, of Oriel ; John Froyster Grantham, of Eseter Col lege ; and G-o:ge Hun:, of University College, •,r. admited Bachelors of Ark. Yrstere•v, Jnrm Chitecli-ariJ William Semie f ick. Lew& 14 lteiversity (.7 , 11ee, were admitteJ &ache- Lrs of Art!, Grand ConpouoJers. On Wednesday List, Thali. W. Heber. Erl. of ',9rasenua. Ceiliese a was elefieJ renew oltabet So- . cloy. tett LiND. Dustin, Dec 3. We have infinite satiates:lion in announcing to the ptNit tie safety of the Shaw. Capt. Dawson, which smiled horn this pint on Wednesday the thth ult. with a cargo of provisions, and 400 volunteera from the Irish Militia fir regimenu of she line. Captain Dawson weatimiltd the mist tremendous storm of wind and saow that has been remembered for many years t and on the evening of the third day, after tba most attentive, industrious, and painful passage, be happily ►night his vessel. with his ear.;o And pausagers. safe into Fisgard. is Sooth Wales, from whence, when refitted, he will proceed t his origi nal destination. Liverpool We also feel great satisfadtion in acquainting the public. that the Lerl packer, for whose safety so much music.) , has been excited, is arrivrd in safety at Fi,sgaid Roads, en the mast of Pembrokeshire. in South Webs. The Diehned, Liverpool Packet, was safe at Beahmortis on the 26,11 ult. Yesterday evening an aff. ay took place in Little 3:rand-street, bet 'ten two soldiers and a young men. whom they cha•ged wirh bek.g a deserter, whoa, on the interfetence of some persons passing et the time, one of the soldiers drew his bayonet, and stabbed the young man in the heart, who in stantly expired. The soldiets were immediately secured, and lodged in Newgate. The body re mained in the ureet ail night, to await the Coro net's Inque►t, which was held this day. A letter from St. Domingo, dated °Sober 3, eels—" Thri Lege ship, Lord G0 , 4,e,,e, ib lost on t.:umnbt Nand." It has been diacovered that Mr. William Parker, who died a few da;s since at Swindon. lost his life by the administration of poison. in consequence of which the Coroner's July was summorsed to inquire into the cause of his tread . when they b-ougt•t in a veldid. charging New krownod, late in the enipirby of the decea►e!, wilt, being toe perpetrator 0 1 the h•rreid deed. Ilaw . keswood has absconded ; pr,l tie ra-cutors of Mr. Packer have very pro p.•rly oleic.) a icward tar his apprehension. Lost week. Mrs Wiriest. who resides in one of kr. it Al CHA111:06 boasts, it. Pi.eadilly, vas t %ice tsy an attempt to rob id. t he roblms as reb•JeJ the top of the louse, and cut out the square 44 mis,s in the ttatp-door made Or the leads tor a fise.-erc6pr ; but by the of Mr. HATCN AuD. and his .:ostant.. both attempts were fru►t+sets-d. Mr. Coo vr, one of the Magistiarer of Alattb -- rough-meet, with his charaili ribtic teal and ad' y. Kt)! two .of his assivauts io Cudeavout to fiord out the dUrCdat 36. LAW IN TR LL MENCR. COURT OT KING'S Wm...ma-rah Die. ?. &Wogs Nisi Pries, beliat L. J 1111.1.11111010V011 and Spcsal yrries. TUX RING 51. na.seast. This was a prosecution against the Defendant, Thomas Graham, Esq. one of the most respettable Attorneys of this city, charging him with prij.ury, in certain answers returned to a bill in eqiiity. tiled in the Court of Chancery, in his caparity of trustee of certain estates belonging !o a Mr. Atkins, de ceased. It was brought at the instance of Mrs. Atkin, the widow, charging the Defendant with having, by such means, endeavoured to ecaceal the receipt of several turns of money, and in particill4r the sum of 3,2201 dt. 7d. and the turn of e 000:. from the knowledge of the executors and belts of the deceased. As the remit of this prosecution showed that it was perfeCtly grosadless. premature, and ill-founded. it will be sufficient, without entering into a detail of the speeches and evidence on behalf of the Pro- secutrix, to give the real statement of fans as they appeared in the able sp-ech of the Attorney-General, in the defence, together with the observations of the Leaned Judge, after premising a few part, culars. The prosecution was cenclueed by Mr. Garrnw, Mr. Gurney. Mr. Curwood, and Mr. Cliff ; and on behalf of tie Defendant three appeared the- Attorney-General, Mr. Serjeant Bairlie, Mr. Top; ping, and Mr. Ahhat. The principal witnes.es were a Mr. Fourer, who bad formerly been steward upon the estate of the deceased, a Mr. %Vents, who produced certain deeds and mo•tgage4, relative to Mr. Atki,s's estate, and amongst others, the deed of trust, which was executed o:i the lOch of Oc tober, 1793, during Mr. Atkins's life time, Mr. Flowden, Barrister at Law. the counsellor and ad vises of the Prosecuirix, wha drew the hill in Chance ry, and also the inclement in the Present pro.c cotton, and lastly. Mrs. Atkins, the Pro4ectottr. The evidence of these two last went to snow, that the Prosecutria had. soon after toe decease u , her husbaq, delivered to Mr. Plowden certain papers, and a Banker's book, which 6:levied. that the sums of money in question had been, receiv,.... by the De fendant, and also, that she had delivAi.d another parcel of papers to Mr. Atkins Wright, her brother in-law ; amongst these latterr.pela were docu ments which satisfaduriiy showed how the dispnted GUMS of money had been employed, in a manner much to the credi of the 114 ndant. Without mi nutely examining 'nese, however, this Mr. Plowilen took upan himself to aJvrse Mrs. Atkins to institute this erim.sial prosesution against Mr. Graham, who, it appeared, had staidly performed his duty, in len returning the sums in question, as faith g under the trust wets whit. lie had beer. charged by her hus band. 0: - rhr contrary, irturned oat, that they had no rolatiens to that trust, and that he had detect in a manner not uo,y highly creditable to himself, but the most fritn,:ly,and most considerate far the in t s of Mr, Ateins. his wife, and his family. The ATI iieNtlfGeoritiwei., on beh.lf of the Di , - fendant. thus a.hireesed the Jury-6' Gentlemen. I am confident I shall earl) Mr. Graham as clearly and as blamelessly out-of the transattions ethicist have been laid ber.oe. you, as ever any mars could be, who was totally uurouneeted with them. Be fore entering, howener, upon the particular circum stances of ibc use. permit me to premise a few observations. It is neither .my duty, province, nor Inclination, to siiiniedvurt apo., tue propriety or impropriety of the contlat of any Mali, but this much I may with justice bar. that Mr. Pluwden, who has this day gives his te,tiusony beiote you, is at full liberty to enndue himself in his profession as he pleases, but I think it a duty I owe to those of the profession to which myself belong, to state. that it is not common in our prerfessien so to mix ourselves in mantis of this sort, as he has done in the present ihstance.— It is not our praetor, after any one has drawn up an indientent ' to go to the Grand Jury as a Witness, in support of n ; nor is it oar custom to aft the part of an Attorney, as he has Jour, in iransatting the business of this Prosecutrix, Mrs. Atkins. Usually amongst us, the duties of Barrister and Attorney are kept separate. and each of them are ClOfflitt irons those of a Witness. I never before knew an instance of a person who drew an indiftoitat being seen as a Witness before a Grand Jury. 1 really do not think that I would be doing justice to the mail Honourable Friends around me, if I were not to state chstinely s that this is not the con. due which we have been accustomed to pursue an our profession. As to the merits of this case— Mr. Graham, 1 may first observe, it is admitted, has obtained and preserved the highest charade, for honour, integrity, and piolessional merit. He is a gentleman, who, it has beet. shewn, has been long and particularly connected with the family of the Yrosecutrix ; and it was owing to the exertions of an ancestor of his, that their family estate of Atkins was recovered and preserved from being in the hands of other possecoors. The accounts that have been produced, show that he had aided for a long period of years, most confidentially, and had been till now trusted to the highest degree by all the Members of that family ; and. in num, I may say, that if it bad not been for his consinued exertions, the whole of their estate would long ere now have been utterly txtutet. Mr. Atkins, tire deceased. it appears, had been a very impruvideut man. and married this lady, who is the Prosecutria. It is I not very necessary tor nit to state who sae was.— , I shall merely say that he, name was Wa.pole, and that she formerly belonged to one of the theatres of I this town. '1 hey birth of them lived beyond their income, and it became evident to Mr. Graham, that if they went on as they were doing, their ientunes would be ruined. With this leowtedge, he pre sailed upon Mr. Atkins to convey a part of his estate to himself (Mr G.) and to a Mr. Barmen, as old confidential steward of the family, in trust. for certain incumbreine,e. stated in that deed, to pay an annuity of 4001. tp Mr. Atkins, during his life aid, after his death, to his sun, in tad male ; after ' wards upon 1.16 dauginer sou tailing them ; and Mr. Atkins surviving. then upon Mr Atkins himself, ill fee. This was a voluntary settlement, advised by Mr. Graham, .for the purpose of settling the rapte in the family. This being done. Mr. A.krns. wit being tied up as to all Lie propetty, disposed of • !....3rltive • • ',Pa' 4 :-7....,;. •• ' ''. f'74.4, - •-''' ' ••• . . . •- , ... . ~ , •" t . e . • .. e • ether estates, o r which i ! . was in possessi on . a n d a p- I ..:roller nredieament, tint which I shall afro* that . t lied constelerable snort, which lie received there- , Mr. Graham never tree ived as trust money, but from, to the payment of ce rtai n dermas,,!. of tither upon *nether and entirely different account, from persons; and alto toward, the paymeet ot some of Mr. Atkins hie-self, whieh was pettedly well knot 11 the ;neutral/fancies of this estate, to whish I here par- both to Mrs. Atkins and Mr. Plnwden. For th e ticularly alluded. by wbich be became a cl.iinant sum, a. wolf as the other, Mr. Graham has alrrac 7 in equity thereopon, and green) , dishordentrd the accounted In an account which I shall rodnee. oust. How it could enter into the meld of any ils.ed the 17,4 day of November, 1791, the very man, to have thought Mr.Craliam was is SUILPied for I first item was that sum which war stated to have an iuditiment for perjury, ter the sums in question, I been received from Lady Catharine Stanhope. in knowing the situation is which he stood, is to me transferriug a mneigreee of Mr. Atl,ines write. The totally inconceivable. 'Die estete that was sold at silent histnr• rf this trensadion wai. shat there was that time, and what was produced therefrom, a mortgage aeon this estate. of 10.0001. which M. • farmed ai part of the trust estate, and tie Atkins had reduced by paying sums to Mr. Gra. only ground that Mrs, Atkins, and her adviser, ham. Lady Catherine S•achnpe advanced the Mr. Plowden, could proceed upon, was because above som,to transfer the mortgige; hot arterwarris Mr Plowden had seen so large a sum stated in the hlr. Atkins wrote to Mr. Graham, that he souls Banker's book, as having been received by him on not permit the whole of that money to he so an account of Mr. Atkins, and their con ce iv ing t h at I plied, sec' desired him to keep the sum of 20001. Mr. Atkins had no funds, ipeni which su.:h a sum at his own disposal, and to pelt the interest of the could arise. Such was the sole trnund upon which sum advieced by Lady Catharine Stan! opt.. at 4 they took it for granted, that this sum must have also to allow interest to himself (Mr. Atkins), for been received nut of the trust estate ; and upon Mr. what money temeined in his,hand. This the D a Graham being called upon to give an account of his fondant weed to do, and it not only cleared him receipts from the trust, because h.: did nit itnert of all accusation upon this head, bur showed how $ this sum. they have taken upon themselves to inded regular he was ii all his accounts. He would not, e him Sur perjury, I ask you, a• men of comae n keep it 'mem such terms as would cause it us be ;tie honour, integrity and feeling, whether you could. situated that he made any profit of Mr. Atkinee under such circumetaeces, have so condoned you'. money. This sum, therefore, of 40001. it is es -' / selves ? and whether a suspicion would nie have i de nt , bad no .. e ...... to ( -1,, w i t h t h e ' rust estate , s h am arisen is your minds, as to the propr iet y o f suc h a! it had to do with the National Debt. Now ' procedure, previous to`tnakinn a therreigh int( sti- I havilielet clear of the two sums, mire immediately i gee run of the documents found in tht.Nefewitslsse• - the sirbjed of this charge, I mess. bcerever atte of the deceasei ? Y e t, G ent l emen , suc h has *911.417 rent to three other sums , whi c h are sa id ago to, been the cendun of Mrs. Atkins and her :Wrier, have belonged to the trust estate, and remaining!' They have indided for perjury the very man to unaccounted for." Here the Attorney-Generel , whom her family has been neer of all inch ed ; I entered into a Inng detail, as to the turns of 1.13001. whom one, they themselves admit h a s p reserve d the 3.7001. and 30001. which had be e n a ll ege d to I most irr e pr oac h a bl e c h ara n ee d own to t hi s present have been received out of the trust, •• In no trans period ; and that too without t aving had the ration did ever any one man befriend another mire eurintity to look further into the family acceunts, sincerely than did Mr. Graham Mr Atkin. in the to ascertain whether he had not rendered. previous- I transaetions which gave rise to these several sum,' ly, a faithful and candid account of the very sum ! app-atirg on the face of sorneaceounts. The estate , th:y found in the bank er ' s po is e, Mr.piowden tells j had been vested in trustee s by vo l untary srtt lemesitp yon. that he, upon b e i ng consu l te d b y M rs . Atkins, ' but Mr. Atkins being still tenant i n f ee , h a d 1 41 • -* . inquired for a ll the p a p ers in h er possess i on, and 1 to worse advisers, who had told him that he c that upon getting some, he looked into them and I nntwithstinding such a trust deed having beet ' examined them. She tent you she entrusted him ! granted, s-il it to any purchaser. Mr. Graham with a great quantity of papers; and both of them . being antious to preserve the family estate in hands tell you that a great quantity of papers was also de- ' where its iecumbrances might be redeemaMe, takes heeled to Mr. Atkins Wright, the brother of the measures to etre& that purpose ; bat not wishing to ) deceased; and yet neither set them take the trouble , state his sentiments openly to hi s employer, he , to inquire, as to whether or not an y d ocuments re• I wrote to a hien.] of Mr. A.'s, informing him of hie lative to the sum in question were to be totted i te ars ari s in g fenm the ill advice Mr. Atkins had 1 amongst them, although these papers were so diiii. I received. He told that friend, Met Mr. Atkins vered about a fortnight after Mr. Atkins's death It . was proceeding further and further in debt, and tarns out too, that the communication was made tot that it would be necessary that 70001. should be Mr. Plowden, no less th a n twelve month s ago , and ' raised for has (Mr. A.'s) existence, as he hall the indiftment was preferred last September, with- conceived that he had a right to the whole that out any such inquiry having been mad.. Waist was under trust ; and that it would be better reason had Mr. niowden to jump to the conclusion, that his creditors should find out that his imlune that the sum of 39201. winch appeared en this . tary settlement was no bar to his selling or in- Bankes's book, was trust money ? Well did he I cumbering the estate. This was at the end of ten know that the estate which was sold, called the I years after the vedun'ary settlement had beets Croisley estate, had no concern with the trust I granted. Mr. Jenkins, however, sold a part of the estate, but that Mr. Atkins himself had a right I estate to a person of the same of Bernell ; but the to seil it. Men embarking in such asiveritures, I centred. instead of being between Graham aed B. - ought to have better memories than Mt. Plow. I nell, war between !Mr. Atkins and Bernell, he as den has. He tells you that he conceived it to 'erring the right' he had to dispose of the estate, be trust Money. as Mrs. Atkins had informedl and tar receive the penmen, from the purclaaser him her husband had no other funds from which 1 He (Mr. A.) accordingly first received the •um I f ' be could receive money ; and all this, although 137001. which he did not pay to Mr. Gotham, in the very answer put in by Mr. Graham to but he afterwards remitted him 1001. Mr. the Bill in Chancery, it was communicated, that Atkins next received 54)001. of which he re- Mr. Atkins had sold the estate called Creisley. mist e d 3eonl. to Mr. Graham. TFe eertons This was the very answer too upon which Mr. who necessarily had to kin in co...eying the Graham had been charged with perjury. I ask you, estate to the purchaser, were Mr. Atkins himself. Gentlemen., whether you think th a t Mr. Graham e the inrumtuenters, Lady Catherine Stanhope end atter having given in such clear and explicit an- Sir Hungerford Hoskins, and the trustees, as • swers, ought to have been brought before you in a would be shewn by the memorandum or rece•pt Court of Justice, charged as the most perjured man upon the back of the deed itself, which had beets that ever came before a Jury? 1 ask you, it, atter produced. In the accounts at that period would heeling such a story, you tt.itik this Prosecutrix and I be found an accurate statement of the various cab her adviser are justified in bringing a man of such transactions that tock place upon these events. At a high professional character into a C urt, where this same period, Mr. (Atkins became desirous of the very circumstance of his bring loesicd with purchasing a small eteste, of the name of Beal. such a charge, is almost irreparable? The truth is, which was in the centre of that which remained in however. that so it was known to be, even by these hi s possession, for which he paid 30001. and it individuals themselves; but it was hoped by them. was by a deed of twit conveyed to Mr. William that, in order to avoid the pain which he must in- Graham, and afterwards mortgaged for 44001. to dubitably feel at this present moment. he would Sir H. Hoskins, and in that conveyance the signae shrink from the charge, however groundless it cure of Mr. Thomas Graham became necessary. might be, and would have yielded so the demands I Hence it had been concluded, th at t hi s was et.. that were madeupon him. It is totally impossible for I mortgage upon the original trust estate. Mr. any imagination to account for such a conduit. or Atkins at that time also insured his life, and the to suggest ti the mind of man, any other ground sum of 15001. had been reef:reared upon it, which that could provoke such a criminal prosecution had gone to discharge incurnbrances upon the ire t against an individuel, whose condud, so tar from estate. Thus it appeared from the accounts. that being teprehensible. has been praise-worthy. Not- all the sums ever received by Mr. Graham had but withstanding Mr. Graham having shown that the employed by him for the most friendly and ben.- money its question belonged not to the Trust, but ficial purposes. and greatly to the advantage of to the Crossley estate, Ibis Mr. Plowden chose to Mr. Atkins. These account, would thew how think otherwise, and upon no better ground than much tr suble, anxiety, and even loss, be had sus that of the sum being stated in a banker's book. rained through that friendship; and he bad no di/. I might, Gentlemen. give a very short answer to ficulty in saying, he had received little thanks for this charge, by merely stating, that it does not ap- his laudable exertions. if there was any p: non is pear, from any evidence produced, that the tom the world from whom Mr. Graham had a tight to of 3,2201. was ever received by Mr. Graham, as expert kindness and attention, it was frcm Mir. trustee upon the estate of the deceased Mr. Atkins ; Atki n s. hh ithnut entering (continued the Attorney but Ido not do it, tor this reason, that I do not General) into any particular observations as to the conceive I would be doing him justice, unless I show I mole of life Mr. and Mrs Atkins led, ft is sufficie t that he is not only not guilty of petjut y, but also that 1 to say, that Mr. Atkins's expense s , at ter m a iri ag , . there has not been the smallest Iregligemes far less were much greater than previous t o te at event; b it iniscoaduin, on his past. lie should consider this M r . G ra h am h a d a l ways use d hi s utmost encleavnies indidtatnt as a bill of discovery. of how he has and to regulate these expenses witt.in proper bounds, can account fur this money. I will produce an ac- and after a service of between 30 and 40 yeas . (aunt which he gave to Mr. Aikios himself, in during which he had attest in the most coufidents. t which this very sum is stagiest ; and upon a settle- capachy. all his return now is, that he is loaded meet. Mr. Atkins paid a balance to Mr. Graham. with a scandalous iedietnaent for perjury-3 ChArre I shall, by that mid tuner accounts, show you, that the most groundless that madness itself ever dice he has, iii the strident and most accurate way, ac- I tated. No one who has breed of this charge can counted for every faithitig of muury he had re- I ever have entertained a doubt as to what will be mired." ' . the resat of this ineestigaion. It has not he in (Here the Learned Counsel produced an account. I for the mere purpose of acquitting him th it I hav e beginning in the year MIS, ititeled. " Edward , enlarged thus much in thee Gentleman's drence. Atkins, Esq. in acetonic with Thomas Graham," but it is for the purpose of placing him before his in which this very sum of 32201. 6s. 7d. is slated as world in that true lige' of honour and respedeb•lh.e. having been received. and a balance struck upon the which his merits entitle him to ;attain, and no man 10th of January, 1789. and regularly ci l iated by can ever go clearer oat of a Court than he wall do both parties.) upon this occasion." •• Duos it appears," continued the AttatneyeGite Lord E LLLLL 01110USSIS said, that he had ;leer. :weal, " that treaty Lathing of that money was ! forest less with the proceedings than be had been accounted for by Mr. Graham to Mr. Atkin.. ! inclined to dot bit as lie thought it was roper that So much then foe the first sum alleged to have' this Defendant should have his fair character, which WOO received by use Decadent. out of Oda I was as important as lite Used,. cleared from sr , trlllet s and to bo. • macesented tor r and sow am 1 a groundless cease*, he lied all ewes ii` *- - - - - • 1