The British Press; or, Morning Literary Advertiser. — London, England, 1808-12-07 00:00:00

TiIEAIWE. USTMARKET. bet night, the Operatiral Drama of The Exile s oi. performed, for the first time, at this theatre, an d vi sa folkeved by the afterpiece of The School for 'fakirs, in which the genuine xis com k a of Mr. MuNDE had ample and delightful scope; hi s countenance and manner. when Clewloud as sured kiln there were almndance of ant-.ors wh o camel themselves regularly doomed every se..AOl - and are they alive r —set the house in a peal of laughter. Mr. RICHARD JONES, ill the character 0 1 Clank. wool)-he critic, in livery), was ex tremely happy in his conception and deliner.tion of the part ; his allusion to the poor fare, slipbby li lcrr, a n d small wages, of the twrvants oF the 'Maws, ~,, given with infinite , point : and the hotie stemed, by their ap:ilan&e, to desire more trecpient e.h:!,itinu or the original humour of this gent l e . alai4, whoa) the pu:the have se..o s o li tt l e , aw l wish to see so much. The whole piece went off with inaca6cd and enthusiastic applause. The. Right Hon. Gipiatan PONSON/IT. Lad•; MARY, and their suite, were expected to leave Dub lin yesterday for Holyhead, on their tray to this city. NoßTHcovt k painting a portrait of Captain SerMounosho , :e recent gallantry id the Mat will live for ever in the aural records of this country. The same ingerootis artist is proceeding in his whole-length portrait of Sir CHARLES BRISBANE. The Countess of CLERMONT ILA a *elect party. last evening, at her house is Berkeiry-synare. Lady Miittiiiitt is a constant atteadant on the Countess of Essex, who still continues eery ill. Ludy FoLeir's accoacheatent is daily expected— her Ladyship has rot been out for this week past. Esrl and Countess SPENCER art expected to leave town, in a few days, for their beat its North amptonshire, where they intend to remain until the meeting of Parliament. Viscount C tSTl.eltrAntl returned to town, yes terday, from his seat near Stan more. The Duke of Baoroeo is eN • iectel in town, in the course of this week, frosts Woburn Ahhe!. The DticheAs of Nlosrnose had a select party. last rvenitig, at her home in Grosvenor-square. Mrs. ANDERNON is expected, this day, at her house in South Audley-street, from Hampton- Court. The Marchioness of ABERCORN intends to en liven the fashianable world with several grand en tertainments, ut the Priory, during the Christmas holidays. lord Laws:sox Goartn is expected at his house in Skanhope-street, in the course of this week. Joareit WI NDRAM. Eq. and family, are ex pected, this day, at their house in Portland-place, 1 . 0 f the season. The Duke of PORTLAND will give a grand din ne7, this day, to the Cabinet lt-iiiisters. The PoaTtrirteir rinsasssasot•, entertained nuinerous assemblage of Portii4ustse Nobility, at dinner, yesterday, at his house in South Audley ►treet. Vim:olll44Ni SUDLEY had a card party, last even ing, at her house in Doerr-street, which was at tended by the Dowager Marchioness of BATH, the Countess Dowager of BERTON, Lady PERTH, and several other persons of distinction. the Duke of NottettcuesataND is perfectly re covered from his late attack of the ;out. Miss tAcivEst and Mr. Mea,s:irr have returned to their situations at the 'Manchester Theatre. Mr. and Mrs. Mamsett. are also engaged, and make their debut this night. There are one - I/oinked and eight cases to be tried at Nisi Prins, in the Court of Common Pleas, at the emliing sittings before Lord Chief Justice llsdsrtsr.n, ivho will finish this day at Westini.ister, and commence at Guildhall, to morrow. The rarl of llattvLear nrrired at St, Alban's- Court, near WinJoam, nit Friday last, un a visit to WILLIAM HAMMoyn, Dowager Cuuntemflatr and her daughter Lady liiwaaii BETTE+WORTR, are on a visit to Mr. and Lady Ertl: ur.:l-11 Ill'atestah•o, at their seat at South'lt. in lltslfordshire. The Ilnu. C retain DAVENPORT is arrived in town, from Spoia. Lord Ptracttsasn and Colonel HILL left town, yesterday, for Porasmooth, to embark for Spain. Earl Garr has befm so seriously indisposed, that he was obliged to eh:it Editshargh, fur the advice of the phyeiciaus of that place. We have great plea sure in stating his return to Hamrick, much im proved in A numerous dotilla of new Sunday and other Newsuapena is to he !drumbeat inennahately. in t:ie list report mentions 71e Shaver, The Trim- Mere The Griller, The Snarler, The Cotter, The 7iekler, The Teaser, and The Hammer; the last sander the auspices of Jaekey Graham, the auc tioneer, with the fallowing motto: Goisg. Out Suing, jail di.goriag-..goliel// . The charitable contributions for the Lindy of the late liev..Taumas Anutta DALE, Rector 01 A:I Saints, in [ewe., amounts to the sum of three thou-end we !marked and twenty-five pounds, four teen shillings and lime pence ! ! !—(331481. tia. 6.1. rat which was 4:ol4s:tett in the metropolis, and 1.2371- its. 3d. at the bank of Messrs. Idirotertr-tm. satsetre. .and Co. in Lewes.---Such sulostription• greatly nett the character of human nature ; aid do infinite credit to the inhabitants of this comitty in particular, where we :relieve acts of the above tendency are nine. frequent than iu any country on the halstahle globe. On Monday, the zut ult. about twelve o'clock at noon, a tire broke out at the Parsonage-house, at Upton, the property of the Bishop of Oxman, but rented by Mr. Ontose, and under him some poor per-oils, divided into two tenement:, slahich I.nrat rapidly until both teuemeasts were to tr.!tv destroyed. At one time the tire threatened devastatioa to the whole village, but happily the pati./i engines merited ie mate to save the granary and barns, which were full of corn, the property of Ilhesso a D. Cariftre INQUI1?It, at ELSE! COLLketR& ,EICIITA DAY, DEC. 6. The Court rei•ii.sestitned this morning, at ten o'cliak• it sat for a few minutes, but ,trufiwra were not minutirci. u .derAamlit has adjourned until next Tnesday. Nkither Sir Harry hurried, nor any or the other Generall, wliuse conduct is the subject of inquiry, um:laded. LEIVES, Lhc. 5. On last Saturday evening, a very brilliant and crowded assemblage of beaaty and faskon attended at our Theatre to winless the reprepentation cf 'Vie Provoked lfnsband, and /'he forty Tliseves, be spoken by Capt. SotrYlsit, and his Troop of Yeo manry, whose very liberal patronage brought for ward the l'ertiwitters with all that good-will and cheerful alacrity, which full benches lichloin fail to incite. The tribufeuf puttee, therefore, due to them on this occasion, should not be wholly with-held. The principal characters were all capiLally soppurt ed, and consequently , gained ri,ueli applanse. Mrs. Nal(' us never yet d Lady Tardy better; though somewhat lusty,she looked charmingly, and deeply impressed the audience with the three of her re motion. Mrs. DORMER, in Miss Jenny, was de ligiitful ; and we belt.rve that the effect of her per formance was felt ht rxe:7 I.ldirnival iu the house. Misr JOIIIIIIITONt., its LaJy Grace, was as successful as site could a isii. She is, indeed, a very pretty actress, and, what is more, a very deserving girl.— tier dramatic merit, after a little more country practice, will, no doubt, recommend her to the London boards. Miss HOPER again captivated the auditory by the excelleace of her pas sent; and NORtiIIANI sang his comic song with much limainum but it was not ar all aided by the no-ineaning whim sicality of his head-dress. In one of the side boxes, we noticed Viscount HAMPDEN and his La dy, with Sir Dm° and Lady ‘VF.DDEitiftlaie, and the Misses WEDDERIDURN, who appeared highly „ pleased with the evening s entertainment. The officers of the Nottingham militia have bespoken a play fur nest Sat tarday night. BRIGHTON. Dscsmata 5. Arrivele.—Right Honourable R. Ryder, Jaslr-Adearate- Gederal ; Prokwuer Raton Maack, at Hutto raford ; 11. nyott, Esq.; S. Trotter. Esq.; Lady Jane Scou ; Julia Sawyer, Esti ; Richard Los: mdse, Esq.; S. Thornton, Esq. ; Righ! Hou. John Trevor a n d fatuity ; t'olonet Osborne, Jac. Departures,—Eart and Countess of Bathurst. Last Wednesday Mrs. Y runrcnEnT had a grand route, at which Viscountess, HAWAII. DEN, and upwards of one hundred other persons of distinction n.wl fashion, were present. Doable the above number, on \lmolae evening, attended the Ball at the Castle, where the dancing. • was kept up, with great spirit, till the usual hour of separation. The New Royal Circus, on Saturday night, boasted a well-tilled and fashionable andwuce, at tracted by the first representation a new panto mimic spectacle, called French Enormities; or, Portugal Relieved; the incidents of which being well-arranged, and exhibited with force and feeling by the performers, heightened by effective scenery, greatly interested the spectators, who testified their approbation by loud and liberal applauses. Mr. SHERIDAN'S COMMISSION. Toet.tiay the Coon 'erntnent to tuke into appointed by Go- Rion the clams of compensation of several state pnvauers, who hail been contined at different times in the gaols of Kilsoandiam, Dublin, etc. on suspicion of treason able practices, sat in Green- , treet, Dublin. pur suant to notice. The Court-House was fitted up for their reception, when thee resolved on sitting privately, and came to a resolution that the wleiie progress of inquiry should be equally private, the better to facilitate the abject of the claimant. .iu sacking redress. also came to a re solution to preclude the interference of law yers, and that claimants should confine them , *eke a t• written statements of their griev ances, without any retrospect to the cause of detention. Time Commissioners are five in num ber Judge DALY presides; hat they have for mally disclaimed any appellation of a Court, their object, as th-y allege, being to make a fair and candid return to the Legislature of such matters ■s shall occur to them during the investigation of the business. On the 26th ult. there was found in a garden, belonging to Mr. ittcnato BCGCLAND, currier. at Beaminster, a robin's-nest, with right egg's. A poor woman named Prrrenett, widow of the under-gardener of tile late Bishop DOUGLAS, was drowned on Saturday afterimoo, iri the Canal in the Bishop's garden, adjacent to the palace. It is sup posed. she was gat he ring sticks near the ('anal, when she slipped in, and being old and eery feeble, she was unable to extricate herself. Discount al/sired on Lottery Shares.- T rA4 ry Purchaser of Shares of Tickets, amounting to Five Pounds and upwards, will be allowed a Discount, at J. Wzasea's Fortunate Office, 16, Cornhill, iwbeie Capital Prizes to a large amount have horn recently sold in Shares.--. The Lottery begins draw ing nest Tuesday, with superior advantages to any former Scheme, viz. 2 new Prizes of 300 Tickets each, besides 4of £20.000, 2 .1 £lO,OOO, 2 of &c. &e. &c. Next Tuesday the Lottery begins drawing, and a single Ticket purchased at Btsn's Offices, 1, Corribill, or 9, Channg-Cross, univ gain upwards of One liondrl4 Thousand Pospias. At present 'Pekes and Shares are to he had in great variety, hut it is extretuely rbribtitil whether any will be left roe sale when the Wln el goes round. Only 20,000 Tickets, and four Grandees of eo,rue3l. betides 10,0001.3,0001. 1,0061. snol. and snore smaller Prizes than usual. Also a Free Gift of 1,000 Tickets, which never was heard of be fore.—A Sixteenth Share-holder can v.( Oise Ina per aaaam, a Ticket-holder 4,f.0n1. per annum. flouesse mid Co. solicit the fiti.oitrA of the public on the present important n , :casion. and sincerely hope the 06111 supple those who honour them with their commasols, with many of the above Capital Prises ; all of which are payable on demand, at their Old-Established state Lottery Offices, 26, Cornhill, and St. Dialareesliali,Dorough. LA* iNtELtibkAYLL col:ra OF c:OANCP.RY, Ltiveiloriasw,Dcgt.li • • Lips ROYAL HlGH:oi** THE HOKE U? susszz, ppm V. Thin %%I R demurrer to a hill of cliscciter. It appeared, that the Silently of Middlesex werLottra reel Plaiiituti. They had seized, wider en exeivv tion against the ilkake 'of so.wx, at the suit: of DAVIS, a tiopisitity of in the shop of the Defendant. packed up in Loxes. with ,Ins }Loyal Liigha e.i . u.aue and urine on ►hem. • They had been in his opaitinente, Ira were 'sent to the Defendant's shop to be taken care of. The Sheritti sold then llUfter the execution, and the Defendant brought an acti.m of trover, to recover the ea:i ntls, ou which the present Plaintiffs filed their bill tin" all injunction to stay the proceeding in the Court of Law ; which injunction wee granted. Mr. H•ttr, Counsel for the Defendant, con tended, hat the Court could not in any ite.tance oblige a Plaintiff in an action at law to di ch. a to the Defendant what his ca,,e m o o. II• (46 w/trg al lowed, it wnsild be the u►cuno of introducing a • system that would make it dangerous to every Plaintiff to attempt to go intr: a Coiirt.of Law for justice. It the Defendant, in this case, did not prove, iu a Court of Law, that the goods in roes tion were hit property, he would hay.• a verdict against him. He could not cunc.sw• how that Court could cite them redress by oliowiug a bill of discovery ; and, under every• circumstance of the case, he was convinced the Court would allow the demurrer. ..... Sir SAMUEL ROMILLY, Counsel for the De fendant, contended, that the demurrer should not be allowed, and that the Defendant should be obliged to answer the WI of discovery. The De fendant had ocknoii !edged. that part of the prods seized under the execution were the property of his Royal Highness the Duke of Susses, and the bill asked him what put was his Royal Highness's property ? •Surely lie could answer that with out committins. himself. He was of opinion that the whole of the property was his ; for although it might have been originally bought from the De fendant, yet if there was no regular transfer of it back, it belonged to the original purchaser. Un der these circumstances, he had not a doubt but his Lordship would dismiss the deiniirrer. Lord ELDON observed, he was of opinion that the demurrer should not be grunted, fur it could nut injure the Defendant, as Plaintiff at law, if he answered what part of the property didtelong to his Royal Highness the Duke of SuilieX, and it was but Justice to th,. Plaintiff that he should, when he had no other nibde of ascertaining it. The demurrer was accordingly not allowed, and the Defendant will be obliged to answer the bill of discovery. COURT OP KING'S BENCH, Mairmixitsa, Drc_6• Sittings before Lord ELLI raid Special Juries. CHANIBEILS C. JONES. Mr. SCARLETT stated this was an action brought against the Marshal of the King's Bench, for an es cape, nosier the following circumstanc.a —Mr. Chambers, the Plaintiff, had, in an actiostaseinst Captain Caulfield, now deceased, got a verdict for Mot. for criminal conversation with the Plaiiitm's wife, which sum Capt. Caulfield not being able to pay, he submitted to imprisonment in the King's Bench Prison ; after being confined a short titer, !le obtained the rules of that prison, and lodged at Miss Whitting's, at No. 15, Mellin.i-place, Satiric G.:orge's-lields. Mr. Chandlers hating learned that tl-e Prisoner was often seen abroa d , Hat his attorney to see the body of the Pri- Ammer, upon the est h of March, MG. tiearch see accordingly made for him, bet he was not to be found. The Prisoner afterwards returned, but iesi.i effec tad his escape, and died out of the rules el the King's Bench. The question for the Jury to decide is as, whether that escape was owing to the neglect of the Marshal? In the coarse of this year, Mrs. Chambers, the wife of the unfortunate Plaintiff, was resident at a house in Bryanston street, Portland-square ; and Capt. Caulfield had bees absolutely seen its that house, and was it fart lining with her, instead of keeping within the rules. Miss Whitting, the ludo who kept the house in Mellina-place, could not be timid. Captain Caulfield was taken ill at Bryanston-street, and was removed to Hampton Court, where he died,and was afterwards taken in a leaden coffin to 1..1, Mel lina-place. If he could prove these circumstance., lie coati-11.1rd it would winitutit to an escape; and therefore the Defendant, Mr. Jones, the Marshal, who then sat wider his Lordship, was liable to io demnify the Plaintiff for the whole atuouut of his debt. Mr. John Burger,. the Pkintiff 's Attorney, pro duced a copy of the judgment in the former action for (.'rile. Con. against Captain Caulfield, which was read in Court, and was in conformity with the statement. It was dated in Hilary term, 1905. The AssORRET-Gesteess, for the Defendant, took a legal objection to the declaration, as being inconsistent with the original record and writ of capias. The declaration rested solely upon the first escape. which had been already defended by the Priarinrr returning into custody. This pro duced some argument on both sides, and various observations from the Learned Judge, who a enied inclined to give the Defendant the benefit of it, if he should be advieed to bring it before the Court in a sal cent ease for consideration. Mr. Itur,;ess heing further interrogated, de posed that he had directions from the Plaintiff, his employer, to make the necessary inquiries after ' Capt. Caulfield at the King's Bench Prison, and at his lodgings within the rules. This he accordingly did, on the 24th of March, 1906 ; but not fitidnig him, he gave r.otiee to the Marshal to nrodwee him neon the nest day, the `nth of March. He went that die to 71T 6. 13, Meliina-place, which was said to be his place of resider:•e ; but there he was not to be found. fie went nest to the King's ,ile.nch, to the As* of the clerk of the papers, where he saw Mr. fine-ha and a Gerais-mail who aces tor the Marshal. These Gentlemen knew not Aire Capt. Caulfield was to be found. They west With him to Igo. 15, slielline-place ; bet the Lady of the bosun- gat. e the same snswe.- as bermes that lie had • gone out two hours a4s, anti she tem not where to tind him. Seare's was made et various places. hut gation. As the leakage from the casks appeared from the whole of the evidence adduced to be very uiseqoal, same of them Wog deficient by I, 2, or 3 gal. loos, whie otlseis were so by nine, ten, or thirteen. the ATToa:tee-Gerraat., in his reply, agreed to deduct from his original claim the amount of one gallon from each cask, es the effect's:if natural eta {oration during the excessive hot weather, there tieing none of them that was not deficient in at least cote pilot,. Lord El LENIIIOIIOI3Gii, in summing up, oh. served to the Joey, that the alleged negligence 0:1 the part of the Defendants might be of various sorts, such us the Leeiiiiig the brais4, so cons 'pitted to their charge, in an improper place; it haviug licco allowed to remain upon the quay instead of being put sato ter it vatatt, although a charge %tip, roodE for warehousing ; the not givi..g not ice to the owner of the grinds as to the estrae:- (Hilary le trige stated by the Defendant's wit lien-es„ which they mod had been discovered even previous to its being removed from no board cf ship, and eh,: non-perfoi-mante of the proper cooperage. He wished it to be understood tent the Dock Compel.? are bound to give notice to their etnploy•ts as to any defects perceptible in casks, as much as any private individual iw board to do so, and that airy ought to ci.c Al d i l igence to (+viler then defects, and to present loss arising therefrom, as they were amply paid for their trouble. As it had Leon sign-y.l, on the pert of tie Plain tiff, to deduct the veine of our gallon frog each ta,lc, am toe maount ut vatoral erapr.-auou. the Ju ry found a verdict fur the rilasistiff, limiting the da image to t 291. TEANIANT w. lIAVVES, Bart. This wasataactrni rtf• a abitivilnrmiturr, and it was ag:.ed to take a vet-414.1 rpon ti..• • true print - 414U (for the rsagaisdor Law see the mat for ) • , . he Was • ss' to be heard of. itt. ik:i.tleitt tit* hitt ; %fierier*. al' his losteiiies 'on the 4th elf Juiy4 1811th. ll'bris lie called itfint him, the nisi:met kiwis' his voice, nod said .' Mr. lliirgess, here I inn," anti of:eie.l to i s o to the Nlaralaal with him; . but the ‘i'itilt , s dal nos give hint the trouble, as la: was antiath;il he was still in cu .taty. In coube- Cjiieitse la a Actitinstioli .M . Ilse I'laiiitiff, Captain Caulfield Was produced at the '!'slarttlial's Oftee od the - In:I a July. it being a:terieurds suipected that Ilse. ;'•istoier wins iit/b..11t, another 'letter was .. . gives, ou • Slag: it ipt of Septemlier last to produce him ou the ?._,l, which could hot be complied with. Mr. Strangeway deposed, that he lodged at Ids ' Mellioa-place, and was there on the litli of Sept. lust, haring matron the _4th of Alsrch. Ile saver sow nor knew of Captain Caulfield being there.— lie loiVgirii upon the ground-floor, and never heard any noise of lodgers Acne him fur two months ; he slid not see ally coffin brought ILera on the I Ith of September, but resnembeie..l a most dreadful riven being in the house about that tune, and ou Saturday, the 17th of September, he saw a ,:unlit e arricd nut. I.:brain-tit Collins ' servant to Miss Whitting, said she had been at No. 15, Mellimi-place4fer Vie lust six months, and never kuew of Capt. Caul- field lici.lg there, ahhough several people called . for one of thAt name ; she wait accustomed to he in all the different rooms of the *use; she did nit I know what had become of Misr Whitting. 1 Doctor Illackbursie said be karts Captain Caul- . . field, and that the last time he had weep him leas after lie was dead, and lying in his colfiu, at Mel- lina-place ; the last time be had seen hint alive was nt Ilani punt, about the Bth of Srptemlwr ; be hail '' , i . also seen him there on the 42d of August, but had never been him at Bryanston-street. I Three journeymen plumbers and undertakers I deposed as to the preparing a leaden coffin, which they took to Hampton-Court, but [lid not see the torpor that was to be put into it ; one of them af- . turvrards soldered it up there, and assisted ip put- . ting it into a caravan ; they afterwards saw this ' some raffia open, at 15, Melling-place, containing a corpse, said to be that of Capt. Caulfield ; it was ' taken there upon Suaday, the 1 ith of Septembe4 at eleven at night, and some days afterwards au ' inquest wins held upon it, and upon the Saturday t following, the body was buried. 1 Mrs. Jean Marshall, who lived next door to No. f IS, Mellina-place, proved atso the coffin :.cog brought to that place, ou Sunday, the tit', of Sept. at a quarter before 11 o'cloett at night ; .he i did 6 , 1 know of any person who laud died at that time at that house. f The ArroabEs-GxxEReL, for the Defendant, I stated, that, from the mature of the .vielence. he could not take upon him to, contend that Captain Caulfield had hot died out of the rules; and that ' i. he had been ifistructed by his client, an weer of , Court, who knew well the n,,ture and the weight 4 of evidence, nut to take up the time of the Court . 1' in entering upon a defence. He eoeld not, how- I ever, avoid animadverting a little upon the hard- I 't ship of the Case, us it was et idently an escape with- out the Defendant's knobledue. He left thele t ..pil , t r. objections which had beso taken eutirely with his 4 Lordship.—Yerifiet for the Pltiiiitiff,Alagi t _ " ' IT CIIEWIN•NT v. ass clial ,, T. navvitf, Bart. • a This was an action brought by the Plaintiff, a : , e Merchant in the City of London, against the be- * fendant, as Treasurer to the London Dock Com- e ' µany ' to recover the amount of five hundred and d forty-six gallons of brandy, found deficient in 270 .. e ' puncheons imported into this country, in a vessel I' called the Augusta Henrietta. and warehoused or landed at the Loudon Docks. There was also an ii- alleged deficiency of twenty-six gallons, ail of :h twenty-four puncheons of the same spirit, imported to in the ship Isis, but which clans., during the loves- .., ut ti .. gation. it was thought proper, by the AITOI.2VV•• " GENERAL, Counsel for the Plaintiff, to drop. The e Y' whole claim amounted to 061. 45. to Various excise and merchant gaugers were called, us who, by their testimuoy, proved the deficiency al• Ite leged in the declaration. al. 111 r. Serjeaut BEST. for the Defendant, argued, ad that the casks in wli,ch this brandy was contained , were very defective, being made of very bad wood. " e and exceedingly leaky, and that no plunderage 1 7' e had taken place, as they were constantly watchstl I _ l _, n during the whole time they lay upon the quay. In • "" support of this he called various gauge's aod rid el- coopers belonging to the London Dock Compan, all of whom deposed in conformity with hi. able - ws_ .•• "V