The British Press; or, Morning Literary Advertiser. — London, England, 1818-11-10 00:00:00

she worm. 4 the evening. rime disputes tank place il l the upper-gallety—and, at our perifal, the 'wt. Cornutice hem:: math Intermitted, 1.4 . 11rf.11 persons tit the pit regtorstell that a peace officer he vent amatlat the Gab , . Mr. YouNti communi cated the relays, to the Matpletr, vial want after re turned with a regular isotificatinst that it would be complied with. The hint hod • very execilesst effect. ROYAL COBURG. Lest night this pleasing little theatre opened for win t er wason . 'rite re-embellished state of the liaise. and improved ace d fur the nee, sufficiently denote the proper anxiety of the Ploprietors to acknowledge the librral pat age thsy received during their previous season, and tii repay it by ciiiisulting in every suauner the taste and comfort of the public. The principal performance of last night less an Relflefll (veto-dramatic spectacle, called El Ryder, the Chief of she Gaut Moessituies. In subjects of this kind, where the rye is to be irlasxleil by a succession' of splendid pageants, rather than the minil called to tract the emits of history. or eon template the developeniesit of personal character, and its important operation upon society, it would lir idle to expect the unity or dialogist of the re. ilr.tno. Nobody has a right to seek from an author mare than lie intends to convey, and all the compokr of this melo-dramatic spectacle anus id, is ill delight the eye with a succession of splen did pageants, *kit are occasionally relieved by the bustle and canine of battle, and the humorous amalties of a few sailors, ryttally at home in love and war. The scenery sod dresses are very fine. and the ntosir well composed and selected. Mr. liAmstotte and Mr. lIVIVTII.6Y were loudly applauded, and Mrs. Ili IA and Mrs. W. BARRY MORE (late Miss ADAMS), were received with the nom cordial aliprobation. _ _ A comic ballet. culled The Village Dandy, veils vr►ll r.-etiveil, and gave a good import° ll l y fur the of the graces of Maclaine I.E CLERCQ, Miss SIMPsON, NMI the rest of her pupil►. A broad futtaril linden.' followed, called Boozing, or more Royal Visitors. The whole of the performances went off with moil the Theatre was extremely crowded. There was a very fashionable assemblage iu the dress bole►. OCCURRENCE. On Smithy moniing, shunt twelve o'clock. Mee Hdl, of Nos. 3, Canoisbniy-I.oar, Islington, the lady of a respectable oiercliant, rent her inuebildrea (one a boy two years old, and the other a girl, about a year) out fur an airing in a (WSW/ chaise, under ilw carrot a servant girl about IS years old, with a particalar itsjauctiori to reborn bower at a irertain hate. home time bid elapsed before the mother entertained appre hensions fur their safety; she, however, sent aouther servant in older to fetch them beck, bat, after tame lime, the without the least tidings of thane. bin. Halt now Leo ..114C greatly distreaaed, and several Cicada weal is search of ilie children, but 'meld get no clue to their discovery until yoaderolay morning, when they heard that two children were seen us. monthly everting drawn nea► Cow cram, Smith. ikid, by a shabby dressed man. tVith this information im mediate (nutter search was made, bat, we are so►ry to my, %Won't effort. It is impossible to describe the contacts,. Mon 11w nbodefamilyof Mr. flail, as well as his friend., were /enroll in, poi ocularly considering Ike state of Mrs. Hall, who near h. r acruiirlienient. 'ihr ' , manger alit., was found at a laic hour of the evening alone tooter the Asylum wall, I.anilwili. 'lie servant and the Ling fare hot been mace heard uf. Last Saturday the right wing of the 39th infan try, commanded by Colonel STURT. trour France, matched tutu Lev es, on its route to Portsutouth, it is auppoaett, to embark fur Ireland. The Enoptes. (Mother) of RUSSI4 arrived at hens*rls in. the 3.1. The King of Palma, who eiglirCied there to meet the Ensprior of RIJS. 61.4. WV proceeded by Namur to Aix-la-Chapelle. Baas; a Satirical IVorel.—A Second Edition of tl‘ia popular woo k huts jinn •plwarrd critics! J.wrsial makes Ilse fullowingjudicitoss übservatiu•a on this 1111. - 1 itutu of addiricsl writing %Verbs uf bell ~,,, we ap. prebend, are as Wow wore likely to be really !wren's:Sal thaw Oleo they actually exhibit the portraits isles:sting characters, .ud "craws JO ills *bath the world is acquainted. These may, pu ha l es, be kihzlity esilwireil, and rendered its some respects OA:4 , 411111lb (tousles such a vehicle; yet if, in the Putative, the basis of truth be obsessed, awl the proinistrut features ii.lnientrit, the cause of virtue wall taw, by a caricatured s .e.t. 14 .1 was of arregula. the. and persons the taws cannot Death. One of the best refloat... its our langisace, • Clirystl, or lime Adventures of a Gomm; as a model of this kind ; NMI the psi formassee twfuse us arpates to rank neat to it in s spiessive ds awing and ►ichness of invention, while 1111 broad huusom, sai d la w slescripa ~,,, of faahiouable lol►iss, it C , r• tawly 11101 MI {Opal li.f. Ihe perstniagi a *Ay 614 tire through. drama of halo: ealravag:inre, are SO I tingly represented, ss to be anstautly recognised, es! n by she nowt .wperficial clowsvers of Ilse dissipation and depr.i -s iy. nth ClBllOll 51111 ecoeutroaly, whieli prevail sit the higher che..es of society." The attrulpt to rosette BON APA RTY, or effort his nook a.c.tptial utl'ester by the Act of the prep.-tit reign. Lo 2 - ,!. from) whieh the tooloostllig 14 an rill act " And be it further erigtird, That if any .perenn nr 1.. all , a ealuret or satirrta of or owing alleranee to hot iios hi 'mug sort t4aofl.. shall revue or Marmot sail Nisisiiteuu Botiapaite, or 'ball kistivessigly awl 4641164 .old 4.r moss.* is the escape of the cud Napoleon .sir so any ollenspt to escape from audit eandurly as ai'on ra.d, ur Ir any Itistlis or bounds whereto. he stow u 4,r ;41 any Ins,.' hereafter slcill or way I.e fklatisell tol - kept in ..4.14.41y as afaffl4llllll, or ut whlr•h he shall Or msy be an try.fit In g , sit large within Ilst loads soy 1.1.4.441 ur ronistry, lerro -I"ry lot place, to venting the Inuits of sissy 414.tricl or bouttli, oilko., a. .y Ulf r...4441ry, terrolory tor p 1.10•, opus, parole 0, a parole, all WWI IPcs y surh person 410 prf114•11$1 Ili/ ...f.111111.e. shall opus being convicted thereof be ailjudgril godly oft hs.y, 0101 suffer fiaath a. so cases of felony, Omni ben. fit of tirrgy." A great di%l 14, • took plicr in the Tower, 0104011 four u'i 104 k 4:00Nr• 1/41 , 114't SA the spin-malice of oaten' . dim... gentlemen, " Diudov," among the company who se.. 11)/•1e11 00 II.IF 141.004.14de t‘i hear the military band. Tile Dandy," whose cheeks were highly painted. ow, pushed from inle In sick NIA. at I,NII, N PO re , tighlylwudlyd, ilia lit aft% obliged to seek Intl. lettimi (101 U the puldltri , . tAftrinidefol, Mho Wes resent. nit . ", as. toi, that lilt' same perwii up plant d mi the public walk, iii the Tower. Sunday *ea. when lire people threatened to pull off Ins re-appearviier on Snails)• increased dm, disgust issul insligtiation. Fla was received with knees Oases built beat., mid would have been driven Irmo lire walk, hail hr not sought shelter iii the biutstd-rcions. Strand hysudixi.lllClCUllS uvre pre3eut, _.,.. • ROYaIL AC4DEM7. Last night the Lectures fur the season were com menced at the Royal Academy, by A. CARLIJILE, E.q. F.A.S. the Prrifemor of Anatomy, who flail vered opening di.course nu the study of Ana tomy, as applicable to the art of Palming. The genetal stack of elementary knowledge which is arryttged nr and teonveyed by Lectures at the Royal Academy, fur insttucting the Student in the rudi ments of his art, has, fur a few seasons past, receiv ed little augmentation from fresh application or study. The Student ha., from year to year, heard the borne oo itt elides and rules enforced in nearly the same words, with an almost tiresome repetition. New Lectures have been talked of among the Pro fessors, but the Strident has soot for some time had the advantage of being enlivened by their variety, or cheered and directed in his pursuits by the fresh light• which new study and pens lice may have discovered in the path which he has to tread. It is due, Ito‘ever, to Mr. C4itl.tat.E, to state, that he last night set the example of a new Lecture to the other Professors—an example which, no doubt, will he followed, as it is given by the Professor of that branch of study, the principlss of which are of a more fixed and permanent character than those of any other Professor. Mr. CASUALS commenced his Lecture by observ. ing that the arts of Painting, Sculpture, and Archi tecture, were deteututioded the Fine Arts, thong') they ought rather to have been called the refined or beautiful Arts. The study of Anatomy was essential to the knowledge of form, proportion, and attitude, which were the essentials of character in art. It was true, that persons of great natural genius had *Misled proficiency in art without a previous study of the necessary elements which they ought to have considered at the outset, but the blemish. s of such men 'Mewed the great disadvantages to which they exposed themselves by an instiention or disregard of prelim in rudiments. The Professor then adverted in die study of Perspective, and said, that, though the rye was formed by Nature to act in obedience to geometrical ruler, the study of the true principles of Perspective was no less required to fix on the mind the urcessary information which it was the duty of the Artist to possesa and apple. Ise modern times the progress of epitomical knowledge had greatly advanced the character of victoria! art. Au awful reverence for the sacredness •f the hu man frame prevented the ancient Greeks from cul tivating this branch of neural history. They con sulted in their dissections the brute creatiou alone; and as there was no common principle of analogy between the anatomy of the lower animals and the human species, they were led into numerous errors 111 this branch of their pursuit. The ancient Greeks, like the Asiatics of the present time, were denied the permission of unveiling the sacied vestment of the human form, and oiopfying the organization end action of its parts to the study of the Arts. The improvements of modern philosophy had banished this superstitious awe, and the study of Anatomy, when pursued with propriety and decorum, was now allowed to the Painter and Sculptor, to whom it fur- Mehra the great materials by which he must be guided in the correct delineation of form and atti tude. The Professor eloquently impressed the Students with the moral necessity of pursuing the seedy of Anatomy, with that reverence and humility which the subject must naturally inspire in every well.regidated mind. It war, he Paid, in the fif teenth century, that, owing to the patronage of the Arts, and particularly to the cultivation and general diffusion of the important arts of printing and en graving, that the study of Anatomy, as applicable to the stink of design, was first introduced arid culti vated. LEONARDO DA VINCI and TITIAN were the first great artists that skewed the importasece of thus study. LEONARDO cultivated Anatomy riot only for the purposes of Ins art, but also as a curious brooch if natural philosophy. He has left on re cord an amazing proof of his skill, in tracing the physiology of the brain, and its connexion with adjacent parts, iu the book of his Sketcher, now in the kiteg's Library. CARTE, who has lately pubs tithed a hook on the same subject, has actually embellished it with tile very same tracings that tire to be found in the old work of LEONARDO DA though it is not perhaps known that the hook in the King's Library had ever fallen into his hands. TITIAN, in his study of Anatomy, faithful to nature, pointed out the p Apatite errors of GA LEN its his dereriptions of the human traine, errors which originated in the ancient practice of confining the dissections to the brute creation. The Professor produced the work of V Irk:MAUS on Asottimay, which he preferred to that of A I.IIIN US, .sow the best in the Academic Library. There was More of the truth of nature in %Timm mum...awl it was, mi the whole, a safer and better guile Car the Student's information. He then exhi bited some curious auatnniical engraving., but they were so small as trot to be visible to auy per sons ou the back Prato. One of them was the first print supposed to be in existence, of an estiatomical subject ; it was executed in 1485, and oterelY re presented the operator marking an incioon into the first section of the belly, not opening the .whole, or developing any of the divisions of the 1111111411 frame. He also shelved a book of Anatomical Waiving% wade by Juno Hoane, one of the surgeons to HENRY VIII.; these were an improvement un the feigner work, but still extremely imperfect in their dttinitiou and character. The reputed means by which I.rearttipo DA VINCI, 'l'm An, and MA CAI A Arias:l.o, attained unrivalled perfection an their delineation of the human form, of course drew the atteistion of Athols to the study of Aitatuiiiy—they cultivated it with ardour and suc cess. Sublimely unbowed as were the parts of the body for the performance of their rumens's'''. they were yet hidden by mysterious vestineirto. and cat rislatrd to atVorel a fund of reflection in their ems 'eau. 7hr humanskeleton was a ghastly sight for the cuntruiplocive eye, hot it was less so than the pile omit sun aspect of the emaciated being who hail shortly before been the owner of it. In taking a r e view of the advantage a now possessed by the plural Academy fur the srudy.of the Fine Arts. the Professor pariteularly alluded to the Greek casts, and pointed them met to the attention owl examiteatuni of the Soletit. Ile then re. &ned to the pleilitude of resources which Na. sue furnished lir animal life bur her variety of display, and pointed out dm necessity of merely cuitivitiez the study of Anatomy, ro far as to gam , • • ,liitnowledge of the supeOeies which indicate the action of the muscles, and present the sonorlings and headlands of the Artist's inquiry. He felt a announcing . the increasing stores of knowledge which the metropolis now contained to and the Artist in his inquiry. The Curators of the Museum in the College ot Surgeons hyll thrown it open for the Students in the Royal Academy. Mr. Hannan still continued to allow them the privi lege of visiting his excellent collection, and the great increase and diffusion of literatuie in all the liberal arts had furnished a stock of knowledge in the highest degree valuable. The Professor point .ed oils the advantages which the Artist must derive from • cultivation of the liberal sits, and hoped, that as the !peril* of war were now ,pissed away, and the blessings of peace opened upon. us, the mild and social virtues would now be studied and practised, and their moral excellence felt by society. This. as an opening Lecture, was, of course, of a generil nature. Mr. CARLISLE gave notice that, in his 'next, he would develope the Anatomy of AM. male, and poisit out the several analogies, between its different orders. At the conclusion of his Lec ture he Was greeted with loud applause by a very crowded audience. Mr. President WEST wit in the Clair. We were glad to see tine venerable Arint Irak in e5t...11.4d t...11.4d !Jerold'. He wee supported by a her of Acedrinlciesse—vinong them we noticed Messrv. HONE, THMEIPIoN, HOWARD. SIIEE. WESTI44- coTT, moil WARD—Mr. COLLIDA, and sartral other Asouvistra. MR. MATHEWS. THE /11ENDICITY ASSOCIATION. A circualstance lies occurred relating to Mr. Mathews. rod Ilse Assocunion for the Suppressioti of Meinlicity in the streets of Dublin. which we con• Ruler well worthy a few observations. lot first to the facie. 1 11 • Report of the Meeting at the Mansion-houve, on rt d Imd, the nmiexed paragraph appeared iu of ...oncsv The Dublin Johnsallu " A Inter from Mathews lowing been read by the Serve. tory, is which be derhued meting himself is heist/Mid she fumy of the 4inueianuo, as bad been previously requested. Conneaut Coosur rose and said, he thought Mr. Mathews might have been induced, as a benevolent man, and one in. dined su shew hit gratitude to the caisen. of Dublin, fur many favours bestowed upon him, to assist the Association its obtaining contribusiuns by means of his performance, for • charity so important, end so dear to the inhabitants of Dublin; but Mr. Mathews bad declined—possibly on good groissids, be (Mr. Custom) was sot iodised to major them." On seeing this paragraph, Mr. Mathews addressed • letter to The Freeman's jourrad, in which he very naturally, as we think, expresses his amuse. ment how such an assertion could have been made i►► the fec.e of his letter, just read to the Meeting, and his equal astonishment that that letter should not have gained him one friend in the Meeting, who woul.l have informed Mr. Connor he had• totally misunderstood its purport. The following is MR. MATHEWS'S LETTER TO THE LORD MAYOR. . _ "My LORD—I regret exceedingly that the applicatiaa of the Managers of the Association for Suppressiug Mendicity hag deprived me of the pleasure of offering a coutribution to their excellent lustitution. I had reasons (sad, I trait, proper rea'ilins) fur defrrring my intention to subscribe, until the conclusion of my per/uranium in Dublin; and I certainly meant my donation to be proportionate to the success of my undertaking ; and as l hid weathered this intention to sum. persons I. Dublin interested in the Charity, I was in some degree pledged to the performance of it. I must think the application to me to give up part of the Prollis of my Traria, is rather indelicate, as every other individual in society is allowed the gratification of waking a Voluntary Contra/11.ton. Still, however, I am so sincere a friend to the principle on which this excellent institution is formed, that I will comply, rather than not contribute to its permanent eatablishmeut ; though I mint repeat, how much more complete my antis. faction would bane been to ►ave been left to the dictates of my own feelings. Therefore, if it is pressed, I will give Ike Profits of a Night at the Fishamble-street Theatre, before I leave Dublin, of which night I will give your Lordship due notice. I have the honour to be, the. say Lord, " Your Lordship's obethent &trent, " C. MATHEWS. " 21, Parliament-a eeeee , October 29, IBIS." This letter, we conceive, evinces good feeling, good sense, and a manly spirit, chastened with much delicacy, on the part of Mr. Mathews. We consider it unfair, indelicate, and unjust to call upon Mr. Mathews, or any performer, ■nd more particularly our circumstanced as he iv, to give up a neght's profits of his trade, to further the views of any institution, however meritorious and worthy support. Why should an ector, more than any oilier professional man, be called upon in this way ? Why should he not be left to the exercise of his own free will, like every other member of the corn. monis). ? Suppose Mr. Connor was to receive fifty or ass hundred pounds with • brief (no unissuai thing with sou►e lawyers) to plead a cause for a day in Chancery. would he not think it a very prepoe. terms' thing, were he requested to give the fruity of his day's labour to the Mendicity or any other As sociation ? And where, in point of justice, is the difference between such a case mud that of Mr. Mathews? Some years ago an appeal, similar to the one in ,quest ~,,,, was made to Mrs. S►ddons. She refused compliance, saiying, she could not afford to give the hundred pounds to be derived from ■ night's performance, but that she would, like any other member of society, give such sum as her general income would jiortil. Whatcould be snore felliOlim able.? However, Mr. Mathews gore further. He states his original intention of giving • donation proportionate to the :access of his mudertuking.— More ought not to have been looked for, and so neck ought not, in reason, to have been expected. On Sunday evening, before the setting of the watch, as Mr. Ca•cow, of Charlotte -street, Port land-place, was walking with a Lady on the western aide o f Filx,,,y.pyoure, he was aurrounded by a gang of four or .five ruffians, who knocked him thosii and stale his watch and hat, and the Lady'. white swansdown tippet, with which they got qoar off. A 1111111 is in custody on suspicio n . The whole of the y, aside, for the great foot race of tu wile., between the celebrated it•t•Le. and WANSAIL, the Eton rutmer, was made good yesterday, at Tattetsali's. The race will take place on Sunbury Continuo, oil Thursday Betting is even no the event, and both ate backed to perform the distatwe Mithiu au hour, LAW INTELLIGENCE. COURT 01 , CHANCERY. Witsriusina, MONDAY, Nomtsta V. OPERA HOUSE WATRILS R. TAYLOR. • Mr. HART—'• I lotve to request or your Lord ship th.it you will allow , the two motions iu thi .+ cave, which were apuoitsted for this mon iiqz, to stand over for IN few days, on acilitaht of the severe indi.uosition of th e Solleitar.C;erier•il : " The Lost) CH4NCE.I.Ltig—" flow long has he heel' iudnpose l ?" Mr, lIA RT--" I understand since Sunnily." The LORD CHANCRIAOR—" Let thew 'rand over. • I think you have 'hewn ground sufficieut why they should b. itostpoired ; but on cot light editor shall the business of the day be disturbed." LADY EUTLY VANE TEMPEST, a Mina, and a Ward of rows% by her nest friewal. If A. TAYLON, Esq v. owls, the COUNTESS Qf ANTRIM, alai OTHERS. MG HART moved that a motion whit"' had bren made before his Honour the Vice-Chancellor iu this case, should be removed to his Lordship's Court, on the ground that all the other motions relative to the cease hid been made before his Lordship. He (the Loomed Counsel), therefore, could not see why this motion was not originally brought before his Lordship. Under those circumstances, he trusted that the Court would grant his application. 'Fite-Loup CusstcELLott—" What is the mature of the motion 1" Mr. BELL—" MesFrP. Mowbray and Co. who were the managers of the infant's collieriev, drew hills on their banking firm at Durham, for sums they had paid on account of the collieries. They unfortunately, us bankerr, became bankrupts; but it was no more than proper that throw sums el Id be repaid, for the benefit of their crerlitors. Mr. Abercrombie, as Counsel fur the Minor, stated be, l ore In s Hu m ane the Vice-Chancellor, that her next friend hid taken up some of the b Ils. His Honour, however, wished the motion to stand over, until Counsel were able to give him better infurmatiou on the subject." The LORD CHANCELLOR—" Ain I to tinder stand it, Mr. Bell, as a mere matter of account be tween the parties i•" Mr. Bem.—" Certainly, my Lord." Mr. I34ar—" it relates to the pecuniary rewaril of Mr. Muwbray as the manager of the Minor's col lieries." The LORD CVANCELLOR—," I will hear the motion any day you please, Mr. Hart ; but if you will take up the time of the Court in relating its merits, I shall insist on its now coming on." Mr. HART —" It was not goy iibtrtotiou in ocznpy the time of the Court unnecessarily. Will your Lordship allow me to move it the tint thing on Monday next ?" The LORD CHANCELI.O ;—." Be it so." RULES OF THE COURT. Mr. AGAR said he had to request of his Lordship that a certain cause might be forwarded in Isis Lordship's paper. He would not attempt to make the application to his Lordship, if there were not special circumstances attached to the cast, which, in his humble opinion, were sufficient for the Court to break through its general rules." The LORD Cp4ANGELLOM.-" It cannot be dom.." Mr. Ha It is ■ case of much importance. and your Lordship must excuse us for a►king you to break your most salutary rule this time." The Loep CHANcELLua-10 Why not ask nit to do the same for ever ? Certainly the Bar ought to have good sense enough not to snake inch a re quest of me. wheu they know my mind is made up on the subject. It is most painful to me, but for once I will break through my own rule, as I find the case is urgent from the papers before We: let it come on on Saturday." Mr. AGAt--" Perhaps your Lordship would fix some other day, so I shall be engaged elsewhere on Saturday 1" Mr. HART—" Saturday is the only open day in the Term." The VOIRD CUANCELLOR—H If Crrinsel will not attend tne on the day I fix a cause for hearing, let them he blamed by their clients. and not toe fur striking it out of the paper. If Counsel are not here in attendance on Saturday in this car..e, I will strike it out in perpetuator. It must be known that I will not permit this Court to be neglected, because Counsel And it convenient to go to another branch of it. I trust what I have said will be stif. licient to chew them that f au► determined, awl not doubtful, in the course I shall pursue to support tl►e rules I have laid down." GORDON V. .GORDON. This cause came on fur further direction, the circumstances of which we have already reported. Mr. WINGFIELD, Mr. HEALD, sod Mr. 1%1- [INS, were !word lOr the Plainla The new Lord Mayor, attended by t h e Re corder, then entered the Court below the liar, when the Recorder, in the name of the Lord ?Mayor, invited the Lord Chancellor to %tumid the Civic feast. His Lordship bowed assent. After they had retired, his Lordship informed Mr. I-/art itlat he would hey hiw tu-inurrior to the case of Gordon e. Gordon. COVRT OF KING'S BENCH, Mosout, Navasota 9. CAMERON (Hui OTHERS T. the duignees of LAING Wed SILITIO. This wits an action of trover tried before the Chief Jostire at Cruildhall, during the last Sit. tinge. The verdict was tor the Mr. Mitall)tATT now spplted fur a rule for a new trial ott two lamas.; Anil. as to the palidity of the petitioning creditor's debt ; and, secondly, its to the admissibility of certain depositions ,its evi dence. The petitioning creditor's debt avow out of a bill of exchange hie 961 and a fraction. This, lie contended, was not sufficient to i petitioning creditor's debt : but it was conteiols ed that the petitioning creditor hod * tight to add the interest to the principal sum, which, as the bill was over iLue;upwaiets of twelve months, would more than markt up the stain constituting u good petitimaing creditor's debt. Ile, Mr. Marrysit. had HOW to COOltlid that, as It was not stated CD the face of the bill that it was to bear interest, no in. ternkt COUII.I lie added to tits principal sum. The other point, as to the odinisiability of evidence, the ettduee objected to, was the de:iorition via person . . *lamed Connolly. tn:rdc iwfore the. Cramlssiatrtis utarkr the r s U hotssrea the thole I.t ras..kh..4 tins 41ris1•iiion and thy trial of the rectum ; and tr avireared•llad, try ean-tAte, the rlrptwssuns 11,1(1 /rail iirAlf " Dritn.itio gi of (, tiy, rimier die Conhirraill”, u h l6ooll l' lc ' . im " soled ogaihst .1 wit - i Lents.... " Allotre.rs it orpreared that the hir.krtort ' s script. twos (irorge, and oot Jmne-, Ttri. eror, Mr. ANifisit said. had the sdteet of I ola I int: the deposal fors altr.g. t her. The (.'ravacc said, they w..uld grant .she 'OP trt she* Ciall.e• I'll the first mind.. tviddint giving any opiulun an illy second.—Rule granted., • The KIN O. on the prosecutinn of Ilie.Cnnunissionets • If lir, wirk I inrionr. r. Se:t.i. and trrisv.its. • M-. l'scs It LETT sant, Shia WO+ WI issiliviiiietst pre. ferre&atpiiiisi the Defendants for a moonier. met tried befits Mr. Baron Wood,. at the last Northern Assizes, when a verdict wag taken its part f.r the Clown, and in part fur the Defetesbuitit. ,He now applied CM the port at the Crown far a pew trial, gn the grounds of a istis-direction on the part or the Learned Judge rho tried Air cause. By the evidesice produced at. the trial, ;it appeared that th e fisi:erineli employed un the ..River Tared had, fur the clinveniesier of thejr, tared ie &Anent pasts of the stream four huge heaps of himall, winch they called Batts, •olini was further by the titled Of . Will 800, rs.irkwall Batts, and Red Cow Batts. Thew heaps of stio, , es bat) the eff e ct of inaterislly.isijuring the sarrigaii )))) . and rendering, it in many lintrinierS extremely (hinge ))))) a; It. deed, 111411.: vessels hid been, orrinusly Injured by !lien', and spine totally lost. These were the nitionicrs complain• d of, and which the Corniteitl stoners sought to have removed. 'Choir facts were proved, but .it also appeared, that tan of these heaps had existed fur a .period beyond the memory , of wan. With respect to the tuber tan, however, it vous•proved that they haul been raised withiss the last 50 years, mail persons reinilketi ng th e h ar .. hour when they did nest exist. Upon, this evidence the Learned Judge directed the Jolty to find for the Crown, on the two recently raised Lam: but fur the Defendsiotr, as regarded the other two, which had existed beyond the memory of Ilse witnesses whit had been examined. rails direction .the Learned, Counsel eubitioted was incoireci. Hr sitibillittetf, that a advigable river sod u turnpike-road were as. intlar,. A dangerous nuisance could nu more bit tolerated by prescription and towage on the one than on the other. 'flue 'missile* aid , even greater iss the case of a river than of a road. A river, on arm of the sea, was the properly of the sCrnwri but the Crown could not grant what would be it nuisance io 'be public. or owld such a nillininett be supported out the ground of press ripiive Rule granted. ItAptsDEN tr. ETRI . IDGF, Mr. RAINE applied to the Court for a rule t., thew cause why their vliriti!il not he a new trial granted in this rare, which *WISH itetlins her pemal— ties under the Po.t llorse Act, tried before Mi. JusticeAyley, at York, otitis a verdict was found for the Defesidritt, Fla did nut make this HilpheNT firm without being frilly aware of th e ilittic u ti iv , lua had to encounter. He was not igisoraut of the rule which the Court had Ishii:loan, n a me ly, never t o disturb a verdict fur the Defendant in a penal ac tion, hut on the Iv ouod of a mimlirection usi the port of a Judge. He loul now, however, to submit, that there was no rule without al l exc e pti on — an d he was sure, if their Lordships would erg: grant it in any case, they would in the present, The Ctillrfr jets rtes —r" Have you nay instance of so exception to the general ride?" Mr. 'LUNE t.iti4l, he had no such case; but lie was peramided Ihr prevent was one which called fist an exception to the general rule. it was ins actin's founded rarthe 48th of the Xing, chop. 98, ore. 7, to recover from the Defendant revere' penalties of 14.11. each, for not entering, in his weekly recount delivered to the cr.ilector, the lettings of different horses for travelling. The CHIEF A/3'MB Before it is necessary for you to state your case, reniume the preliminary objection established in the ease of Broke awl Middleton.” Mr. RAlNE—tft In that case it 6 Laid the Court wil/ never giant it new trial in the penal action, where thr verdict is for the Defendant, except in the case of the misdirection of the Judge ; but surely, my Lord, the Court will agree that the n►isronduct of the Jury may be much inure dan gerous, and productive of much greater inischier thou the misdirection of a Judge. Here the evi dence ,was all for the plaintiff, and so the Learned Judge summed up, and the Jury, against that evidence, hituida verdict fur the Defendant." Mr. Justice B•fittEfri“ J thought it Well is clear case for the Plaintiff; but by no means a favourable one. The Defendant regularly delivered his tickets to the post-bopi, who left them et the toll -gates; list he afterwards omitted to insert the juurioes iu lila weekly returns. The question was kit with the Jury. whether this omission was made by mistake, or with the intention of fraud. The mistake was discovered by a comparison of the returns with the tickets left at the gates." Mr. RAJNE—...-" Yes, my Lord; but if the De, fondant had recovered these tickets from the gate. keepers, the fraud could not have been iiiiicovered. The Court mud) will not say that they will only notice the slips made by a Judge, whilst they will pass over gross miseouduct, to call it by 1.10 Weiner a mime, in a Jury." The Cuter JuaTtcs-s-‘ 0 The decision in Bloke and Middirton was by no mean; a homy one. Its that case Lord Ellenborough Niel, a rule hail beets laid down and acted upon for upwards of fifty Sears, and the point is now reified, that in the cave of la verdict tor Defendant found against evidesice to p penal action the Court will not grail it rule for * new trawl. 1 repent what was said in hat ease by Lord Ellenburougli. The rule is slow hill down ? plat tin Court will nut interfere in it verdict against evidence under such circumstances as the present, unless there is gripo misconduct apparent on thy part of the Airy. lu the present pisv, thoutigis tlio Jury might have decided wrong, yet there was on such proof of anisioliaviour u would induce the Court to break through titesule so wisely lath 4 4, " uu former The rept of the Court egreed in this tkpianun, NnJ the upplit..:ttluti aI he l i ear t! )))))) pil vial. r, ,11.. i! WICK* A•. 001111.6 ti. This war 111) k11..d brio, t tlAt- C ! . j 1,;440 I" • _;.