The British Press; or, Morning Literary Advertiser. — London, England, 1803-05-12 00:00:00

,~ AATIEN7' MUSIC. tut night, The Messiah wal perfotraNl at. the Opera house, for the benefit of the Royal Society of Musicians, patronized by their MAJESTIES.— Tickets were sold at one Guinea each, and the purchasers amounted to upwards of a thousand persons. At seven o'clock, the KING, QUrr.N, and the five Patsessszs attended. The Duke of Cyst scat AND, the Duke of OaLLA,NI4 the Marquis of SALISSWIT, and Earls of UXIBRIDOI I DA RNLISV, FORTSSCIL E, DAR rmottill, and CNESTERFIZI.D were present, with many others of the Nobility. The 44 .%lepiaL" was commenced by Mr. HARRI. ; Mrs. BILLINGTON tang " I know that my Redeemer liveth." with so much ability that she was twice encored. EARS I.YM AN sung " Why do the Nations" in a stile that was greatly applauded. The whole of the performance gave general satisfac tion. Upon no former occasion was there observed so brilliant and numerous an assemblage. Several Ladies fainted from the extreme heat, crowd, and pressure. This was the 13th and last time of the perform ance for this season. Their MAJESTILS and the company retired at a late hour. FAS,UION. •—•—• LADY Homolcs g.tve her second Rout this sea son at her house in Albemarle-street, which was at tended by near 300 persons of the first fashion in London,—ln the splendid circle were, Marquis of Witiviir944.tr. Varl4--Kcsirrure, !Lint - flirt, Derby. Vheour.t,—Wenrt►ortlh, Sytlne?, FnAliarri,, Stanley, and Forte*. Lords--Dynevor, Oswalstun, O'Neil, Amherst, Anhrim, Gravel. Sir C. Rathbone. trizer. Messrs.—Dent, GnsTing, Johnson, Pettiward, Adair, Ayl mer, Barry, Whits&ail, Forbts, G. Villiers, Fordyce, Sket ington, Monk, Douglas, R.Boy. Marchioness Salisbury. Countess—Kcntriare, Westmoreland, Harcourt, Car bamplon, Roseherry, Uxbridge, Portailineton, and Derby. V t.coontesseto--Dow ne, Sydney, Newark, and Stinky. Ladies--Call, A. Finch, Mathew, E. Mathew, Rathbone, ?etre, R. Sea-nour, Sebriglit, Afflick, Reed, Andover, T n. Bred, De Clifford, Dudley and Wanl, C. Howard, Cohier, C. Lennox, C. Cecil, Dawson., C. Jenkinson, F. Berm:find, Amherst, and Aughrint. Mrstresses--Price, Lloyd, Mead, Jugga, Dixon, Dent, Benyon, L. Brooke, Vernon, Halsey, Blackwall, Harrleys, Pettiward, Newton, Loton, Kingston, King, Jong., Adair, Barker. Vlialpolr, Gill, Arciidall. Mimes—Price, Dixon, Rathbone, B.‘nyon's, Bainbridge, two Halseys, Seamour, Pettiwaid, Pe haw, Gibb., Cramer, Master, Collier. FASHIONABLE PARTIF.S THIS EVENING. Countess of Caubrawas Rout, Stanhope-street. Lady (►wen's Rout, Portman-square. Agri Duff's Rout, Manche ster-4410am Mn+ Shaw Lefevre's Music, New-stteet. ftLis Abeuns' Music, Park-lane. Yesterday morning about ten o'clock his MAJESTY and the Luke of CUM sea I. AKO, attended by Gene ral Gwv ',INS, rode to the neighbourhood of Peckham, aml returned to the Quecn's-house soon after twelve o'clock. About bill past one his MAJESTY held a Privy Council, which was attended by the CUANCELLOR of the Excustivra, the Duke of roar LAND, and Lord HOBART. The Duke of YORK, Marchioness of SLIGO, Countes:. of ELY, Ladies M PITT, MIATILLE, C. Ft %cm, `ti v, Ckrucatt r, and several others of the Nobility, NiSited her NIAJLSTY and the PRIN CLV ES. Mrs. E. MONCIETON intends giving a grand Rout on the first of Junc next, at her house in Port land-place. Mrs. DAN txt.s intends giving a grand Rout on Friday the 20th inst. at her house in Devonshire- p!ace. Lady Farms's Concert, last night, at her house in Soho-square, was attended by all the amateurs in London. Mrs. Foanyces Rout, last night,AVhitehall, was attended by near .504) of the fashionable world. Mr. HUNTER, the Messenger, with dispatches for Government, from Mr. J AC KsoN, at St. Petershnrgh, arrived in town yesterday morning at ten o'clock ; Lord HAWKESIII RY not being in town, he set off . immediately fur his villa at East-Sheen. England wants Malta for tat years, BoNArARTI will give it for fate: This has given occasion to a Wit to say, that the two Govciurneuts are playing z_ ts. and tar. The Marquis of TOWNSHEND gave an elegant dinner yesterday to Lord CLEMENT, and a fashion able party of friends, at his house in Devonshire Place. Lord °MOLLY arrived in town last night at his house in Baker-street- Mr. and Lady C. Govt.'s, will leave Buntingford on the Itith, to take possession of his new purchased house in Baker•street. Mr. and Mrs. Sr. GEORGE CAULFIELD, will Te• main a few days longer at Baroness Caori oN's, till their new house in Grafton-street, Bond-street, is ready for their reception. The Duke of BEDFORD purchased, before he left England for Paris, the late Lady GODOLPHIN'S house in the Stable-yard, for 8,000 guineas. Sir MAIIICUS SOMERVILLE, M. P. and Sir JOHN K sus M. P. returned from Bath on Tuesday last. The Earl of Hoy Erowe is on his way from Edin burgh to London, where he is expeeted to arrive on Friday, for the first time these six years. The Earl of CA sinta will entertain the Earl of DARNLEY, and a large party of fashionables, on Friday next, at his house in Arlington-street • and the Earl of Mari ter will give an elegant liinnr to the Earl of C• moue, and a large party on Sa turday, at his house in Berkeley-square. Mr. Day av NEs will give a grand Dinner this day, at his house in Dover-street. The Countess of Ker. ARr, gave an elegant rout last night, at her house in Portman-square, which was very fashionably attended. Yesterday was held at their Hall in Queen-street, Lincoln's-Inn-Fields, the Anniversary Meeting of the Society of Free and Accepted Masons, his Royal 'Highness the Palace of WALLS, Grand Master, which was most numerously attended.—The Earl of MOIRA, as Aug Grand Master, was in the Chair, in which he acquitted himself with his usual politeness and elegance of manners. After his health was drank with rapturous applause, his Lordship made a most eloquent and energetic speech, appro priate to the institution and occasion. AU the \Varermen belonging to the Nobility are to be impressed. . .. . • ._ _ -..-- ~• ••, t eT 7!r••• xorx. AC.IDEII7; 6031E2SET-HOUSE. Ni. VI. A public exhibition, to be extensivelyus-eful, should be formed on the most liberal principles. -Party, prejudice, and vanity, should never be admitted into its councils—but its Committee of Managers should be judgment, Liberal 4, Diurimination, and Pure Tarte. These great and invaluable judges should fairly and impartially examine the relative claims of every candidate, and give to each his pro per reward. Arrogance and Ignorance would then shrink from public exposure, and Genii's and Telent would be fostered and rewarded. This should be the charaEteristic of a national institution ; and this should be the fundamental basis of the English Royal Academy. But the present organization of society forbids it ; and we fear that the passions and prejudices of man will ever be insurmountable barri ers to its accomplishment. At the first association of our Artists, a cab it arose, and opposition pro duced division. Some formed a new society, and ele&ed Sir JOSfiU A REY MOLDS as President, who se ceded from the chair in consequence of contentions and animosities that arose among the members. He was succeeded by Mr. WF.ST, in 17!:2, who has ex perienced much embarrassment in the endeavour to preserve karma, in the composition of such heteroge neous parts as constitute the present Academy. But to contemplate, or animadvert on these subjek%, is extremely unpleasant and distressing, e..pecially to our feelings. Zealot's in the cause or the polite arts, and solicitous for their success and exaltation, we wish to see unanimity and laudable competition pre vail among its professors. Influenced by this senti ment, we shall gladly seize every opportunity to praise the deserving and meritorious Artist, and at the same time give some advice to such who may be misled by erroneous principles. l'here are some persons so completely bigotted to false systems, and so regardless of public admonition and censure, that they persist in improprietit.. and absurdities, though in opposition to universal opinion. If this kind of conduit only operated on the active agent, we should be regardless of his fate ; but when it may tend to vitiate public taste, we are imperiously called on to oppose its effeEls. Thus when Authors and Art ists declare open war against Nature and Truth, and continually assail these 'worthy champions with " Gurgons, lls dras and Cli imxra4 dire," it becomes the duty of every Citizen of the World to volunteer in their defence. We therefore avail our selves of a fellow-soldier's armour, and dare ad vance against "the bravest of all the Greeks," be cause he has not only murd, red his antagonist, but sadly wounded modesty and moderation. No. 97. "Thee t and Aurora, the Mothers of Achil les and Memnon the Ethiopian, presented themselves be fore the throne of Jupiter, each to beg the life of her Son, who was proceeding to single com!at. Jupiter decided in favour of Achilles, and Memnon fell. --The subjea is from Ascavi.us."—H. Fuscti, It. A.—" Be fore we proceed to the investigation of the works of this Artist, we are disposed to put nature entirely out of the question, as he seems to be evermore walking in Fairy Land; and, like Mr. MUNK L,avis, if he be not unnatural, he is nothing ; at least, that is our idea. In the disposition of the scene under consideration, there is an affeaation of appearing highly classical ; but it. is so managed, that we do not think that any of the Pagan personages would hold themselves ,nuch indebted to this inflated Artist. It is certainly indecent to make Aeui Li.rs expose his nakedness to the spe&stors, nor is it cmi neatly pious to give JUPITER the air of an old cloathsman, ruminating upon the chances of profit in an offered bargain. As to the essential point of drawing, it is miserably imperfea. What the ana tomy of the Greeks might be, we will not say ; but we will aver, that no muscular proportions of the moderns are similar, either in origin or insertion, to the ladies and gentlemen in this supernatural assem blage. A Charlatan observes, in a French farce, in behalf of his own want of knowledge, that the hu man heart had changed sides since the praaice of Hippocrates; and pei haps the other parts have un dergone a similar alteraiiun. Mr. Fesci.t appears to have imbibed his ideas of historic composition from the extravagance of GoLTZIUS. In the crea tion of monsters, that have no reference but to the imagination, he is successful. His designs from the Midsummer Night's Dream, and his Witches and Ca laws:, deserve our admiration ; and when he " Gives to airy nothing " A local habitation," he often delights the critic, and always the mob. His colouring seems as inadequate to the illustration of any thing . in nature in this pidure, as his draw ing ; all his tints are in a state of antipathy to har mony, excepting his management of the interposi tion of vapours, near the person of the Thunderc-r, which is touched w;th some delicacy. As this Gen tleman is the Academic Professor of Painting, any manifestation of a due want of skill in him, is to be regretted ; inasmuch as :t equally belongs to his re putation to afford examples of the economy and ma nagement of the degrees of colour, as it is his bounden duty to deliver correa documents to the dis ciples of the Academy. Mr. BAR RY, whom he succeeded, was an Artist of colossal merit, and un usually illuminated ; and, when he was unhappily compelled to recede from his station, the Council should have thought nine times before they had no minated his successor." (Te be eftairused ) On Monday last the Commissioners of Land Tax, ailing for the Borough of Southwark, and the East Half Hundred of Brixton, in Surrey, proceeded to the eleCtion, by ballot, of Clerks to the Commission, in the room of Jolts PARDON, Esq. deceased, and Wii.xt*.aa PE ARSON, Esq. resigned; when Mr. Jons DAY was unanimously elected Clerk to the Com missioners for the several duties payable in the Bo rough of Southwark ; and Messrs. CHARLES HUM PHRIES, T. W. MARSON, and BERIAH DREW, were ele.t . ted Clerks for the three divisions of East Brixton, Mr. CARTER losing his eleetion by a majority of two (.nly out of eighty Commissioners who voted. COTTON TRADE Or heel-Atm.—By papers now laying on the table of the House of Commons, it appears, that the duties paid on British tattoo geltiltp and yarn, amounted to 5501. only, in the rear 1790. That from that time time till the Unsun it averaged about 30001. assually, but that since then it has averaged 15,0001. and last year amounted to 21,7271. 9s. 6d. This is a great argument in favour of the Union, as it affeds mansfadures in that country. ••••• •••• or+ . ' l 7 ...0111174 ,,,,,- IifiTELLIGPNOE. COURT OF KING'S SENCH, WEpt4EsDAr, 'Met THE KING V. riavroa. This was an information against the Defendant for sending a challenge to Mr. John Hunter, of the Navy Office. Judgment having guile by default, the Defendant was brought up to receive the sen tence of the Court. The letter containing the chal lenge was first read, in which the Defendant called Mr. Hunter a liar, a scoundrel, &c. and accused him of making false representations to the Navy Board, and d :minded satisladtion. The transaaion, as explained by Mr. Hunter's affidavit, was as follows : that a return of the muster of his Majesty's ship Brunswia, fur the months of January, February, and March, 179(, coming into the office, he lied reason to striped that these muster books were falsely made up by the Defendant, and that he had fraudulently obtained from the office the master books of the same ship, for the months of May and June following, and that the former books were made up by transcribing the latter; and also that the signatures thereto were forged. In consequence of this reprssentation to the i3oard, they ordered that the Defendant should not have access to any other books in the office.— ' The Defendant for this wrote him the challenge. In answer to this, the Defendant, by his affidavit s ' went into a d.'tail of the transaction. He said, that being employed to pass the accounts of Philips, late Parser of the Bruns wick, who was dead, he made up the accounts from the subsequent musters, which was a practice that bad long prevailed in making up navy accounts. When the books were made up, they were delivered to '.ll:tiisie and Co. agents of Lord C. Fitzgerald, who commanded the Brunswick, and were by them transmitted to his Lordship, at Dublin, who there signed them. They were also sent to Sheerness, where they were signed by the Master and Purser. He therefore denied that the signatures were forged. With regard to the prose cution, he verily believed it was founded in malice, on the part of Mr. Hunter; because the Defend ant had betrayed a great many frauds to the Ad- ' niiralty, which were praaised by prize and navy agents, and in which Mr. Hunter was himself af feaed. After the information had been given to the Board by Mr.l hinter, he applied to the Com missioners for a dopy of that information, in order that he might have vindicated his charader by law ; but he was told that they never gave up any of their servants who communicated intelligence to them. Finding himself, therefore, without legal redress, he was induced, by the irritation of the moment, to write those letters, especially as it had been attended wi:h the most serisas consequences to him; for, from the circumstance of his being denied access to the Navy-Office, he was ruined in his trade, and reduced from a situation of great comfort, to absolute dis tress. An affidavit of Maude was also read, which cor roborated the statement of the last deponent, re speaing the custom of making up one muster-book by another; and that the signatures were the real signatures of the persons subscribed. Mr. ERSKINE said, he admitted, that upon these aide nits he was not entitled to ask a severe judg ment against the Defendant. From his statement it appeared that the prosecutor had made a false charge, had refused to retract it, and that the fami ly of the Defendant were v!.tims of the calum ny ; and that the only reason for such conduit was, that the Defendant had furnished important infor mation respeding the frauds committed by prize and navy agents. But he himself hoped, that the Court would grant permission to Mr. Hunter to answer this affidavit of the Defendant. He would then shew that the whole of it was false. He had before him the affidavit of one of the persons whose name was affixed to the muster-books • and he would state that his name was a forgery. He hoped that the Court would receive this answer befol'e they peocceded to judgment. Lord ELLt:Nsokocurt said, that they must look to the facet charged upon the record, which was for sending a challenge. The Court could not go into a consideration of all the other collateral points. Mr. GARROW submitted, that no man would ven ture to file an information, unless he had the power to answer what might be sworn by the Defendant. Supposing the case had gone on to trial, there the prosecutor, in re-examination, could have explained . whatever had been advanced in cross-examination ; but by letting judgment go by default, the Defend ant could swear whatever he pleased, swearing last, unless the prosecutor was also heard in explana tion. Lord Es,tresoeorcu observed, that erough was disclosed in the affidavits to enable the Court to form their judgment upon the fag on the record. They could not travel into the collateral points ; but if Mr. Hunter felt himself aggrieved by any thing that the Defendant had sworn, he might lay the alltdavits before the proper fi:rum. If such a prac tice of making up accounts did really exist, it was a praelice against all sense and all honesty, but they were then to decide on a question of sending a chal lenge. Mr. ERSKINE and Mr. Csaneow shortly addres se I the Court in aggravation of the judgment ; they insisted on the enormous evils likely to ensue from the fr. - .adulent manner in which the Defend ant had admitted lie made up his public ac- counts. Mr. MARRYATT on the other side, in extenuation observed, that the common pradice had been such as Defendant had pursued, and therefore he felt it severely hard, when, by the representations of the. Plaintiff; he felt himself deprived of his means of liv ing for doing that which, though not justifiable, was nevertheless a common practice. Lord ELLENBOROCGN condemned in very strong terms the shameful manner which had been avowed of ~taking up these public accounts. It was a ter rible thing, he said, to hear it publicly avowed in a Court of Justice. If there ever existed ally difficulty hi making public accounts, the parties ought to ap ply themselves to superior authority, but not supply fads by induction. But that was not for them to de cide, they were only to pronounce on the party for the fad with which he stood legally charged before them. • Mr. Justice LAWRENCE observed, that if Mr. Hunter thought his charafter falsely attacked by the affidavit of the Defendant, he might indict for per jury ; the Court had only to look to the fad of send ing a challenge, which was the one charged upon the record. Mr. Justice LE BLANC said, lie was not surprized that Mr. Hunter should wish to answer the affidavit, MI grer 7 "7-1 S * . • .! , . . but as it went ufrsTit cOlinteralpoiiiis the Court tould nor receive it. The Defendant wee then ordered to be recommitted, and.lsrought up • *gain on Satur day the 21st, ==tcr-zi—ds COURT OF COMMoN PLEAS, MAY 11. TAP V. LEE. Mr, Scrieant Best moved the Court for a new trial in this case, on the grounds that a Jury had given their verdid contrary to evidence. It *as an adion to recover damages for giving a false and fraudulent charader of a person named Brunell, by which the Plaintiff had sustained a tonsiderable loss. Brunell, it appeared, was a chapman, or retail dealer, and had dealt for a Considerable time with the Defendant. In March, 1802, he became insol vent, and in that situation applied to the Plaintiff for certain g00d..., which were to be sold to him on his giving a reference to his character. Lee was men tioned as capable of affording every information on that head. Tap immediately went to Lee and ask ed if it was safe to trust Brunell with any goods:. The latter said, that Brunell had long dealt with him, and then owed him money; lie had always found him an honest man, and was ready at that time to lechim have any goods that he might be in clined to take. From this information, the Plaintiff' delivered property into the hands of Brunell to a considerable amount ; a short time after which the latter was arrested and thrown into gaol. Lee, on meeting the Plaintiff, asked if he had trusted Brunell with the goods • the other replied, " I could not do otherwise from the charader you gave rite of him." Lee then denied having said that Brunell was a man of property. He had only stated that he had found him an honest man ; he laughed at the Plaintiff, and said, that he did not think 11c was such a case as to trust the other with his property. The action was then brought, and tried at Guildhall, where the Jury gave a verdia for the Plaintiff. It was contended, on behalf of the Defendant, that there had existed no intention to commit a fraud, and that it was necessary to prove the parties had entered into a determination to obtain the goods for their joint advantage, before a Jury could give a verdi& for the Plaintiff. This had not been the case ; it had appeared that Lee only spoke of Brit. nell as an honest man, which he at that time consi dered him, from having sold him goods which had always been regularly paid for. The Defendant had not advised the Plaintiff to trust that person ; he had done that from his own inclination, and had understood the words used respecting Brunell, in a different sense from what they were intended. Upon the whole, it was argued, that the verdiil had been given not only against evidence but the law. Mr. Serjeant SHEPHERD contended, that the De fendant had given a charader of Bruneil, contrary to his knowled;7e of that person's affairs; he had known that he was insolvent at the time application was made to the Plaintiff for the goods ; it was con sequently obvious that there had exist( d a design, on the part of Lee, to mislead the Plaintiff ; therefore, the verdift given ought not to be disturbed. The Court were of opinion, that the verdiet had not been given contrary to the evidence, but ad. mitted that the condud of the Defeaciant did not appear to come under the imputation of fraud, which was the ground of the anion. A new trial, with costs, was therefore granted. BIRCH V. JOSEPH. Application was made in this case, for the Dee : fend= to Fay the costs, a nonsuit having been given, owing to the absence of a materal witness, named Parkinton. Mr. Serjeant SHEPHEAD read the affidavit of the above witness, which stated, that he had consulted the Defendant, re;peding his attendance at the trial, and was by r direded to be at Guildhall precisely at ten o clock. He went at that time,. and found the cause had been tried, and the Plaintiff had been nonsuited, in consequence of his absence. Mr. Serjeant Best contended, that the Defendant ought not to suffer for the negligmce of the wit. 'less, whose duty it was t , ) have been ;'resent at the time of trial.—kule refused. _ V i • . 1.1 fi. - _ POLICE. MANSION-BOISE. Yesterday information Was given to the LORD MAYOR that a number or persons had paraded the streets on Sunday night, armed with bludgeons, with which they assaulted every person they met. Mr. Holdsworth, the City Marshall, happening to pass by, was ,beat by them about the head and face in a violent manner. Stria orders have been issued for apptehending these ruffians, and hopes are enter• tained that they Will be brought to j.istice. A quantity of wool was brought before the Lord Mayor, seized from a respeaable tradesirtai in the . city, by the Custom House Officers, for not having the mark outside, direaed to be placed upon it by • the AEI of Parliament. A penalty was demanded, which was resisted by the owner, who stated that the property was foreign wool, consequently not subje& to the Ad ; it was proved to be such, the owner was therefore discharged. • The following is the repeesentation upon which 5,000 quarters of seed corn hare been suXered to be exported to Norway. MT LORDS, Downing street, March 84th, 1803. Liy!denpalm, his Danish Nlajesfy's Charge d'Affaires at this Court, has represented to me, by order of his government, that, owing to the failure of the crops of the last season, the Kingdom of liorw.or is at this moment' in the utmost ihstr.is for every species grain. lie bus con-equent!y spiked for permission to ex;,ort to that Gauntry, from the ports of Scot land, 5,000 quarter* of Seed Corn (Oats and Barley). if your Lordships should see no o k ,ection to comply with this request, it is highly important, at this advarr:ed season, that no tines should be lost in giving the necewary orders for that purpose. 1 am, my Lords, Your Lordships' moat obedient humble servant, HAWKEStSURY. The Lord.; Commisifoner, of liis MAjesty's Troasory. ~ • Yesterday morning a bricklayer who was at work in front of a house in New Brnad•street, fell from the height of three stories into the area, and was kil ed on the spot. SHOCKING Acciovsr...—Yesterclay, about three o'clock, an obstrudion took place in the nar row part of the Strand, near Exeter 'Change, in consequence of the breaking down of an hackney coach. Two men and a woman crossing the street, unfortunately ran between two coal waggons, then in contact with each other, when the two men and the woman were so jammed in, notwithstanding their screams and shrieks, before any assistance -"- could be given, that they were killed on the spot. . . • r g _a.- Ow`, ij