The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-13 00:00:00

L grisTMINSTER SCHOOL THEATRICALS. Last night the young gentlemen of Westminster s c h oo l performed, for the second time, according is annual custom, TERENPE'S celebrated play, The 4 ,1,./ p hi, The east of the piece was exatltly the same a<nn the first representation, and we should have 5,q little indeed to add ,u our former remarks, were ~or that the intervening space of time has been s e:nployed, that t!le performance of last even •,;y clearly evinced the preceding one to have been r;;IelY a grand public rehearsal. On the resent occasion, also, the play was pre ceded by a prologue, which was spoken in Latin, by T If, in a very animated and masterly style, and received by the audience with many acknow ledgments of loud and repeated plaudits. The same gentleman was equally successful in his portraiture of the philosophic Attie; and, from the first to the l as t of the part, created and maintained a degree of interest in the breasts of the audience, which re :ieEted the highest honour on his ta'te, his judgment, ~ td Isis feeling. The following passages were given in a style, which drew down thunders of applause. quencrumn^hominent in anmute iusti tuerr, ant Panne, qu d sit Cantu, plant ipse est sen and almost immediately afterwards, as descriptive of his own character : quoit fortunatum iati putant, Uttaurm nunquam habui. life contra, bre mania aad then : " Nadi quid mantiri aut Glee iusuerit Patrem, aut ANdebit, tanto ruagis audebit cate;ns. Tudure et libaralitate :iberos ketinere, satins ease credo, q uam mew " The limits of our paper wiil not permit us to give m a ny quotations, or we could add many more which were equally well delivered ; and shall, therefore, content ourselves with saying, that Mr. SMITH played the part throughout in a very superior style of :Laing, and richly merited the repeated plaudits he obtained. We cannot call to mind two parts more naturally and more pleasantly contrasted than those of these two brothers ; and, after what we have said of the Gentleman who played Mitio, we cannot. —der to avoid repetition, do more ample justice to Ar. Lev van et's Denies, than to say— .. Par siobile fratruln." It was really a high finished piece of ailing, par ticularly in the fourth ad. His peevish and 'mut• ed delivery of the following line, " Matron* et 'liver-familia, in una domo ;" by Sir he 'di and the cool philosophic answer of Mitre, ' Cur non !" had a sort of electric effect, and produced, of course, a slice eeding pe of thunder. The part of Sanaa, was extremely well performed ,y Mr. Day. andit being dressed in the style of the Belcher' of the day, gave an extraordinary effrd to the elegant Latin of Tertasca. i The Grits of Mr. MACKWORTH was given in a stile and manner. en simple, so easy, so neturil, and at the same time with so iniich real feelin? , that we cannot di him more ample justice, than 'by saying, that we believe every auditor who did not understand a syl lable of Latin, WAS as much affected, as if ft, had been ritually well delivered in the English tongue. Great praise is also due ro Mr. I. Cr.• avcit's Here, and the Sea/rata and Cnetthera of Mr. Wise asst and Mr. Law ; these characters are but short, and certainty a , e, reeipareti-dy with the others, of small consequence ; but they are component parts, without which, the play could nnt be perfect, and it is highly to their credit, that: their efforts were by no means less successful than those who had more brilliant pasts assigned them. In short, we do iiot hesitate to say, that the whole Play was a finished performance. A very !tumonrous and nervous Epilogue, in dialogue, followed, and was admirably %vie! deli vered by Mr. Da sr and gr. Feac. in the chatac teis of Senate and Syriac. Having thus given, as far as our limits will per mit, our sentiments as to the performance of the play, we deem it incumbent to inform our reader• of the several celebrated personages, who houoursd that performance wiih their presence. We think it proper to announce, in the first in stance, that truly worthy and dignified Prelate, the Archbishop of * York, the learned Doctor Maea uAv, once the Master of Westminster School, who was received on his entree with universal and enthu siastic applause. With such an auditor sitting near to the stage, we cannot wonder that the actors were stimulated by a somethin3 more than common Pni.etwr, and that their effort; were acci.rdingly crowned with extraordinary effect and success. Al ter the Right Rev. Prelate, came his Gras of BED• you o and Dr. VINCENT ; and last, Tisoutii not the leaNt 1.1 our dear love," appeared the roust no,eva, who was instantly re cognised, and received with a torrent of applause. lie was led through the pit, and condueted behind ihe scenes, in order, as we suppose, to be introduced to the several performers (lithe evening. In a few minutes he returned, and was placedavith his friends, , n the side boa on the right hand from the stage. This extraordinary youth, always highly interesting, never appeared more so to us than on the present occasion. He seemed to be truly sensible that he was a spettator and auditor et the performance of some youths who are the first scholars, and allied to the first families in the kingdom ; that he was a:- tending to the language and sentiments of one of the most celebrated among the Roman draraatic writers, and that in the auditory there were present some of the mos: learned characters of the present day. He was accordingly absorbed in the deepest atten tion to every pint of the scene ; so truly se. that his energetically seemed to say with the " Let me be all, bet me attentiln still LAIT COURT OF KING% BENCII. Gui Long it.,Dee. 1!. Si/iing4 41 Nisi Prior, before Lord ELLRNBOROUGH, PACK AND OTHERS r. MACKIE . , ESQ. In this ease Messrs. R. Rick, Thomas Lewis, and .1. Macnally,owners of the Greenland ship the 0,,,,,, were Plaintiffs, and brought their anion against the Defendant, Donald H ug h M ac ki e , E sq . Captain of His Majeity's armed brig the Prince William, to re cover damages for the detention of seven of the Ocean's crew, who were impressed, contrary to the Mt of Parliament. Mr. Guises, as Counsel on the part of the Plain. tiffs, in stating the case to the Jury, said he did not by any means intend or mean to condemn that very useful and necessary service of impressing seamen tot His Majesty's fleet ; a service so highly essential to public security in this present times ; but his inten tion was to obtain for the Plaintiffs the protection which certain Ads of Parliament afforded them, for the preservation of one of the most important and useful braches of the trade of this country, on which the great superiority of our fleet in a great degree depended, if not for its existence, at lee t for its greatness. The Greenland trade, he c intinued, required the co-operation and assistance of men well accustomed to th.t severity of the Northern climate, and to the imminent dangers of that service, on which their profits so entirely depend. Two Ads of Parliament had been passed for the purpose of exempting persons pursuing this occupation from the imnress service, and protections were granted them in order that they might not be molested. But, cogstrary to the mandate of this high authority, CaptaiA Mackie thought proper to send an officer on hoard the Ocean; and, although the pro:a/ions were produced, fifteen of the hands were ordered on board the Prince Witham, and, in the sequel, seven were detained : the number left on board the OCCO7I were wholly inadequate to her defence. It appeared in evidence, that when the Ocees.i. being homeward bound, arrived at the mouth of the Humber, the Defendant sent a lieutenant and three men from the Prince Irilltam, ordered fifteen of the Greenland men on board the armed brig, and after some time detained seven of them, and sent the rest back : their protections were produced to the Defendant, but it answered no purpose. The Cap. tain of the Ocean, being so deprived of his men, de sired that the Defendant would take the charge of his ship, and insisted on remaining on board the Prix, e William, the ship was supposed to be worth 12,0001. Upon this the Defendant ordered a rope to be slung at the yard-atm ; but, whether for the purpose of hanging or drowning the Captain of the Ocean, it did not appear. It was stated by the Master of the Greenlandman, that the crew of the brig appeared ' very relut.uu to coaiply with, or/Aber to perform I this duty, and, in the end, after some words had passed between him and the Captain of the Price Wilharn, the Master was suffered to depart without further molestation. It also appealed that the num:ser of men remain ing on board the Ocean were inadequate to her de tence and proteetion ; but, on the other hand, there was .. competent number to navigate her, and she arrived in safety in the Port of Londt e Mr. G A RIMW. on the part of the Defendant, ad tkesseri the Court end -Jury at some kngth : h- ob served, that the Defendant was a most respectable officer in His Majesty's service, and being Defend ant in no less than three actions of this nature, the costs alone would be a very heavy and serious charge. This circumstance took place at a time, which, he observed, should be well remembered ; a time when Lord Keitt, for the safety of the nation, had under his orders a more numerous naval armament than was ever committed to the command of any British Admiral. In consequen.:e of the very urgent ne cessities of the set vice, the subordinate officers were most adively employed for the purpose of procuring hands on every possible opportunity, from all the homeward bound ships that came in their way, and it was in the performance of this im portant duty, that the men in question were taken. He suggested, that although the Marine Gentlemen were of very few wo ds, and, more over, very indifferent lawyers, ye:, we all know, they atchieved very pliant zillions; but, notwith standing this, the constration of Ads of Parlia ment, and the exenlpations of certificates and pro tedious, were not entirely obvious to them ; and the utmost use which they made of their scholastic ac corn, islinients amounted to the preparation of dispatches relative to engagements, captures, kc. which generally were in terms as concise and direds as the nature of the Lids would admit. Mr. GAR ROW WAS proceeding, when he was in terrupted by Mr. Gass, who told his Lordship, that the übjea of his clients was fully answered ; and that they would be satisfied with one shilling da mages in each cause ; they bad no wish whatever to oppress the Defendant I as their only aim was, that the lavrt which had given protettion to this trade might be understood and protetted. Mr. GARROW declared, that this offer, on the part of the Plaintiffs, was a very handsome and li beral one, for which he made his acknowledgment , , on behalf of tin Defendant, Who, he observed, was, at that time, on the service of his country. Lord Et Litaaoliouna.--" I cannot AVCALI (%s. serving upon this very handsome conctua of the Plaintiffs ; and I really do not recollel any occasion in which I have seen an instance of more commend able liberality." A verdict was accordingly entered, for one shil ling damages in ibis cause; and .:►so in the causes of Paul s. Macao, and Cumining :. name. MARDY SC/LITIY. This was an aaton tin- goods sold and delivered. It appeared, that the Plaintiff was a wholesale gro cer in London, and the Defendant a retail grocer, residing at Newcastle-upon-Tyne. On the 26th of December, 180,1, the Defi.ndaat's wife ordered the Plaintiff to send some sugars and other articles by the first ship which should sail for that place. By the wbaringer's notice, it appeared, the first ship which would sail for Newcastle was the Ifartforot. The Plaintiff accordingly packed and delivered, at the 'lluce Crane WriarL in Thames -street, the goods ordered, and gave advice of their being sent on board the 'for t iori. However. it turned out that the flertford did not immediately sail, but a ship calla; the Beeitifkl, which was also in the coasting POC - t --- - -- Nor was it the mere puerile attention of a boy of thirteeen—it appeared that of a deep thinking adult —nor was it ever interrupted or changed into boyish PLATfulness or inattemion between the acts. We never witnessed a more sedate and decorous deport. meat in the gravest men. lie is truly, both on and os the stage, an ab.llute pheenomenon. The Dormitory, outside the precinasof the Theatre, was crowded with the scholats and others waiting departure, which he made in the most engaging and graceful manner, a.ni.:st the universal and heartfelt plandits of all present. The Theatre overflowed wait an elegant company. Even the avenue to the pit and boxes was as crowd.. ed a: possible. w~~-• • trade, was to sail fir*, and the goods were ac cordingly put on ho*d of her. In the secoA, th- BountiAl was wrecked on the coast of Nonhumb• B land, and the goods lost. The question, therefore, solved itself into a point of law ; Whether the deli very at the wharf was sufficient to make the Defend ant liable ? or whether the Plaintiff, not having duly advertised the Detoddant of the goo,is bei e ship ped boArd the Adintifill, so as that he might have an opp 'flunky of saving part of the '7 Argo, was r,): barred from recovering against the Defendant ? The Jury accordingly found a verdid for the Plaintiff, subjed to the point saved. • LEE V. MEECOCK. This was an aftion to recover the sum of .591. Is. 4d. against the Defendant, tor goods sold to one John Seers, upon the credit of the Defendant. It appeared in this case that the Plaintiff was a wholesale and retail linen-draper, in the Borough, and the Defendant a retail linen-draper, residing in Drury-lane. On the Ltd of December, 1909, John Seers called upon the Plaintiff. and having looked out some goods, told him that, wishing to deal with him, he came recommended by the Defendant, to whom he referred for a charafter as to his solvency and integrity. He then paid for the goods he had chosen, and said, as he understood the Plaintiff's was a house of credit, he should come again and order a greater quantity upon the usual terms of credit, which he accordingly did. Some time after, the Plaintiff's man of business met the Defendant at a Wholesale-house in the City, where both were transa&ing business, and calling him on one side, asked him if he might trust Seers, and if he bore a good charader ? to which the other replied, that he was a very good young man ; had not been long in business, but was doing very well, and that he had trusted him to a large amount : upon which representation the Plaintiff gave him a further credit. Some time after, upon applying for pay ment of his account, the Plaintiff found that Seers's goods and property were all sold under Lecution, at the suit of the Defendant, to whom he had given a WA-rant of Attorney, upon which Judgment had been entered, and Execution issued, which covered the whole of the property. M. Justice LAWRENCE, who presided in the ab sence of Lord Ex tantioaocoil, observed to the Jury, that, in order to maintain an aCtion against tne Defendant, the Plaintiff must shew, that he had made a representation, which was false to his own knowledge at the time of making it ; and, if the Defen taint knew he was not fir to be trusted, it would be fraudulent on his part. But, in this case, it ap peace.] otherwise ; he had himself trusted him to a tarKe amouat, and Seers had obtained two different parcels of goods from toe Plaintiff, previous to any en.itkry ma le . and, when application was made to the Defendant. it A i TeAred to be only with a view of k rowing whether Seers was to be trusted or not. if persons were to be made Hanle lit such representa tions, they mast shut their mouths, and never give All n?iiii-n of any one's dealings or charaCter. Verdi& for the Defendant. COMMON PLEAS, (iutt. Sittings at Nis- Prins, before Mr. Justice CH AMINE. GOWNS AND NZWIERV V. SHAW AND zowAnos. This was an a,lion on the case brought by the Plaintiffs, Messrs. Collins and Newbery, venders of medicine, in Bt. Paul's Church-yard, against the Defendants, Messrs. Shaw and Edwards. who car ried on the same business. The cause of adion was, that the Defendants had sold, and were still in the habit of selling, large quantities of cephalic snuff, of a spurious nature, packed in bottles similar to those used by the Plaintiffs, a id sealed with the same seal; and that they were lapped up in a printed paper, almost verbatim for that used by the Plaintiffs, stat ing the snuff that they sold to be the true cephalic snuff, prepared by Messrs. Collins and Newbery, St. Paul's Church-yard, with only this difference, that the cephalic snuff was stated in Collins and Newbery's bills to be sold at No. 66, St. Paul's Church-yard. Serjeant SHEPHERD stated the ease of the Plain tiffs, and said that Messrs. Collins and Newbery had had some time ago taken out a patent for the exclusive sale of the cephalic snuff invented by them; that that patent had since expired ; so it was not to be brought forward for consideration of the Court, that from the very moment et :he expiration of the patent, every one who pleased, and who really could, or fancied they could, prepare cephalic snuff, were at liberty to make and to sell it, and that they were not only at liberty to say that their composition was as good as that prepared by Messrs. Collins aid Newbery. but that it was infinitely better ; but the Learned Se'jeant denied that any Mall was at liberty, even though the pate..t '7 As ex pired, to make cephalic snuff, to put it .1. -.intim. hurtles. to put the same seal on them, and then to lap them up in printed papers, stating them in be of the genuine sort, prepared by Collins and New bery, St. Paul's Church-yard. He then said he hoped the Court would not think that any trifiirg difference that might exist in the wording of the papers would make any thing gaiast h s (dens; that he well recolleEted being concerned in a cast of this kind before, in which the etistinaion set up by the Defendant's Counsel was, that the figure of Hope on one seal was looking up to Heaven. and that on the other was lao . king down at the anchor. He then said he would prAre that the Defendants had mace and sold the snuff in the manner he had before told them, which would no doubt intitle him to their tie then called Mr. Currier, a merchant, in Lime street, who deposed, that he had, in November, ISO% ordered six dozen bottles of cephalic snuff, from Shaw and Edwards, that they had been sent to him, and that there was not a single one of them ever prepared by Collins and Newbery, though, in every one of the papers, it stated them to have been so. The bottles were produced in Court, and the distinetion proved. Two witnesses, who had formerly lived as shop men to Shaw and Edwards, proved, that they had often assisted in mixing up cephalic snuff at the De fenaaat's house, putting it into bottles like those in Court, and lapping them up with a paper, which stated, that they were prepared by Messrs. Collins and Newbery. Serj. Coca'. e, in a very ingenious speech, stated the case of the Defendant he said, th..t the Plain tiffs, instead of getting damages, were liable to be prosecuted by the King's Attorney General, for im- • posing nn the public, by placing at the top of their dvertisements, "By the Kings Patent, when. in ! '4,51, that patent had expired in the year 1786, and hit the only thing which could be said against his -lients watt, they had made Cephalic man good is the Plaintiff's, and that they had charged a len 'rice for it. On the part of the Defendant no witnesses wesS • tiled. Mr. Justice CH ANI EINE summed up the evidence,Jet ,nd the jury ionini a verdil for the Plaintiff. Da mages 40s atitiosoa Z. COL LIPS AND NEWBER Y. TA. In this action, which was of the same nature as former, and brought against the Plaintiffs in it by Mr, Atkinson, of Bishopsgate-street, only Pro. prietor of Sandwell's Issue Misters, it appeared that the Plaintiff, who was a relative of the original inventor, had, for a number of years, continued to sell them packed up in a small box, containing so many as twelve dozen, lot which no more than one shilling was paid. Serjeant COCKLE, for the Plaintiff, dated, that his client had by accident found out that the Defendant, who had formerly given him very lutge orders far his plaister, had for some years back discovered A method of spreading a spurious kind of plainer, something like in appearance to his plaister, that he had packed it up in a box exafly like the box he used, and that the dirietions on the paper which was on the inside of the box, stated them to be SandwelPs genuine issue plaisters, made and sold by G. P. At kinson, at the Plough and Harrow, Bishupsgate. street, London. He said that this anion materially differed from the former, as here there were yam vations of a very serious nature; that the Plaintirhad always signed his name in his own hand writing, on the inside of the 'idol the box ; drat the De!endants had, contrary to everything that was Just and proper, also signed C. P. Atkinson, on the inside of lid; and that they were not content with the private fraud committed on Mr. Atkinson, but they committed another of a more public nature, by defrauding the revenue of the stamp which ought to be on it. He hoped from all these citcumstatoces, that this would be considered a more flagrant injury, than that trid in the last atiun, ari.l that the verdict would prove it. Several Witnesses were call nf, who proved that they had bought boxes of Sandwell's issue plaister at the Defendaat's house; that they were not of the same quality as that prepared by the Plaintiff, though the box and ifireetions w.re exatly the same, and that the amid= of the boxes they had pur chased were signed G. P. Atkinson, but that the writing was not at all I.ke. Serjeant BEST stated the Dafendant's case, and called James savers, warehouse-ke per to the De fendant, who deproerf, that there never had been I male in the Defendant's house any of Sandwell's Issue Plaister, but that they had always got them ready packed up' in boxes from airs. Low, who made not only that Lind, but every other kind of Issue Plaister now in use, and that he never knew that G. P. Atkinson was signet on the inside of the lid, until one day that a gentleman come into the shop for a box of Sandwell's Plainer, and asked if it was signed by Mr. Atkinson ? that he then. foe the first time, saw it was, and he immediately seat those which remained on his hands back to flogs. Low t bat he acknowledged that he 'men it vas motioned on the back of the box, made by G. P. Atkinson, at the Plough and Harr ow, ' Bishopsgate. street. Serj. COCKLE spoke to evidence. Mrs. Low deposed, that it was she made the plaisters that were sold by the Plaintiffs, that she put G. P. Atkinson on the inside of the lid by the diredion of her husband, who was now abroad, and that she bad always, till within these throe years, put Atkinson and Co. at the inside of the boxes, having obtained leave from a Mr. Joseph Atkinson, a‘pret sent, in Denmark. Mr. Justice Ctaasiaac read over the evidence, making those remarks on the different parts which he thought the ease * required. The Jury in about ten minutes rctumed a verdia for the Plaintiff. da mages 101. On Monday, a party of the Old But! Regiment, recruiting, enlisted, to ai,p2arance, a very fine young fellow. The regular mode of proceedings were all gone through tr make a soldier : he was taken before Colonel Rs at riso 4, the In7peaing Of ficer of the distriLl, about three o'clock, to be passed, with a number of other recruits belonging to other regiments, when the Colonel, having strong sus picion it was a female in men's clothes, gave orders for the inspeeting surgeon to examine him, which was accordingly done, and it proved to be a fine young woman ! Aiter bei:.g reprimanded, wise was dismissed. She a,,peaiti iu Pimlico a Ghost tin* atter in female duns. Yesterday, according to annual custoft a shat, was a numerous meeting of the GOVROOTS sad Stewards of the Chart. r School, who, having as semhied at alit - ut one o'clock in the •afternoon, at tended divine service in the school-horse chapel, wh,ni an apptoptiate sermon was pre whed by the Chaplain • atria which the G o vernors, &e. repaired to the h.:11, when an extempore oration was deli vered in Latin, from the pulpit. by the senior Scho lar, Master PETRI FISHER. son Ot the present Alas. ter. The orator then received the compliments of the Governors, Stewards, Masters, &c. after the usual manner. During the ceremony, Lord Estes. son sto IS, as the newly chosen Governor and Stew. ard, took the tight hand, on his right Mr. Justice Ls 11..•Nc, and on his left the Rev. Mr. Frusta, Master. the other Governors, itc. &c. according to their precedency. No persons can be admitted this day to see the - `:^4ed In-morrow, Smithfield. Prize tattle intended to be exhibited Saturday, Monday, and Tuesday, is except the judges appointed to examine them, or such persons as they may send for to obtain inform ation. Since our last account, Mr. SHUTTLE. woarn, Mr. Hitt, Mr. ilarcure. and' Scar, have each sent in an ox; Mr. Picaroen, a fat cow ; and Mr. RoetNsow, three sheep. There were in the yard, )e.terday afternoon, twenty-four oxen, six cows, and twenty-eight sheep. Several ot h ers we r e expected. As well as several pigs, On Monday the Society dine at the Crown and Anchor. Ills Grace the Duke of Bauroan will be in the Chair, and publicly a +bard the prizes to the suc cessful candidates. ....