The British Press; or, Morning Literary Advertiser. — London, England, 1818-01-16 00:00:00

7 lIE 71111 1,. G YLSTERDA Y. 91 to 1 eget Allevel's. 04 1,, I seat miitoo. 11 In I soot Brother lu OAKS. 9 to 2 art Lon 11l DO LESWORT/1 b SA ;SE , . 11 to 2 ago lartottus to Truffle. 6 to I 4'l/.4 Lancashire Witch 2 to 1 apt emery. 9 to 1 agst Lupo'. cu 4 uu the &Id. Ts tittle IJ to I art Ringlail. 15 to I set.l errs ry. 17 lu 1 ■qat Laucasbice Witch. E171:11 betlint bettl GIG 11.4 CE AGAINST TIME. A *porting match took place on Tuesday, at Eavton Flat. ik !soli: Captain K. T. Fording and Ir. Abbot, or Hinckley, who engaged to drive their own Aurora for OUt sorrr she eight wiles dal, starting at uppottite ends, Cr 200 gniistaa. Mr. rundiug won by speed. Both were hacked to p bfteen milts within the boor. TRUE POLITEN ESA LIEM rLIFIED IN THE CONDUCT OF ♦ ROUGH BRITISH SAILOR. • The French carry their 011101410illee in far as to s.,y, that the English are the politest people on earth ! runl they give, as a proof, the following anerilnte : In one of those cold and misty days, which make an in habitrint of this cossatry wish liar elf in the warmest part of fi lea, two Frenchmen and as English sailor were the out side imowsigrrs of a stage coach, from Dover to Loudon. • boe of the foreigaers and the Englishman had good warm gr. At CORN ou ; but the other, who appeared to be suffering the • 11l its of a severe sea sickness, during his 'baggage from Calai.. was without this best friend to untied* tra vellers. Ilin fellow passenger, the Frenchman, compos t oingtvil his situation; and, with many professions of ofTeri.l the use of his great rust ; observing, that it was s.l :ono and agreeable, that be could not bat Lid it a ealioihte addition. The poor shivering fellow email not, however, he pre vail'. i ins to deprive the other of a piece of clothing. of which he spoke so highly, and without which be hail plainly that he should he so very tasieumfortable. The lush ,u. who saw that use party refused from polite rr.i, Ili it which he would willing hare received, while the offered what lie desired to retain, threw off his great iosit, a ith I)—is this Acre limbering tackle, lam so hot iii it, I can't breath—bete, _lfottacerr park: 001 18 9 do )0U take it " ISLE OF SKYE. It is well known that Lord Macdonald, and other pro p. neon. 111 the Isk of Skye, have dour notch fur their profile iu the late general distress and Niftier sit crops, II VI cisl'y after 1813. Other pniprielors hair also dune wadi to most districts of the Highland.. For there is one 1110.1111 T, perhaps wirers!, where a general order was wined .order the apprelleusiou of approaching famine, at least recast want of grain, Or rather or wady money to purchase It, that uo person there should suffer from mere want, moil the dusts iets allitekd to extend about one him dust miles, suits ■ populatiuu considerably above tee thou usu.!. Twenty-five per cent. of abatement of teat is Skye was given, besides duitaticius, 'tensions, I► hitting become necessary to accommodate the country wires gran., Lord Macdonald arranged with Goverument the supply of a grant quantity, to the amount a several thou not pounds. 'nib was distributed among the Kumla—his Lordship granting security, at the same tone, fur the rt . - paytart,i within Once years uf the MIMS advanced for grain. Scscral other great proprietors accepted similar aid fur their truants. - . Still, shit notwithstanding these large supplies of grain, the pe o n• in those roan rr i ~, many of whom see not cones us ordinary beggars, did out belong Si. the class of is ',Wits who wire the objects of this aid. Their situation us. lamentable sad cannot he COUCtaleil. Thry were wally of thew reduced to lire sin very little more than the ..lwll•6sls they could gsther on the shores of Skye. thstress was too obvious to except the notice of the ulh•mrn of that island. Though also sufferiug much bmilAip from the low price of rattle, they art on foot a sub• Retipti.ll tuning themselves, inviting persons at a distance, tomtit 1.4 with the country, to contribute. The case was IQ dal 111&111t that it lacunae a necessary ditty to said lo Mitsistry a irpresentation authenticated by the Clergy, Sec. in the iiititient districts of the island. The conorqoeuce slut 5001 were added as a grant by Governisseot Ie •1.1 of these runtributions, and several weeks ago a warrant Irons the Lards of the Treasury upon the Barons of the Ex. s SIM, cause duos fur payment of this suns in the units" or sir. Campbell, and Mr. Hector Macdonald Buchanan. In Oho turau time, the distributi tttt had tarsi anticipaird, mud this salutary aid exclusively allotted to the pilaw of Skye.— h ~ 1 0$1 to lie Iptutiuutd to tlw honour of that worthy patiiiit soot friend of the poor, Charles Grant, Esq. M.P. that hi his iodefatigable exertions and preemie, represents. t.uu to Lid Livet pool, the poor of Skye are chiefly indebted fur ibis last and must seasonable supply. 311 - STRRIOUS CIRCUMSTANCE. Ye terilay a discovery of rather a mysterious nature took place at Mr. Iloare's wharf, Blackwall. A great quastily of Luxe•, parked up, were constantly coming to 11w wharf, dire, frit to different parts of tier country, to be shipped ; but in cm's* quoin of a very ofli•nstve smell cooing from of the boxes, it caused a stispie of Ile coataining k l lll.llllll, uu p,oper : a constable was in consequence "rut 6•r, a 1,4, "word the box, when to their astouialuneut it was ("nod to contain the body of a man, apparently aboist fifty y, ars of .ser, wrippeil up in a quantity of hay The box load a eald ou the lid, and was &reeled " To Mr. James lhrillsou, to the fare of Mr. Rulw•rt Collo, merchant, of Kiiig-atrert, Alwrdeni " On the other side of the card was, •' The Piano fwtr taught by Miss Braude, of Prospect-place, Nevin:tun." Tlw box was &livered from a 'mat by two satermen, who dished it to be pot carefully 111 11W vessel i•s al the twit . The body of the• man was rouireptl in a to the Mirk-house, where rthe case bring involved is ni)stiry' the Coroner's Inquest will lie held. It blew o violent storm during the whole of Weil- I, winch, wr Isar, has caused much (la- Image to our the coast. The brig Niagara, with cook from Liverpool to Limerick, was totolly lost near Kilane Crew saved. Mr. Huse, *hose death we announced esterilay, Its+ • mum- of the Yearns (Kincardineshire), soil %vs first • Steward, and after* arils • Purser, in the Royal Nai l . We lit ;kart he was a relative of the lute Lail AlmicitaioNT. Oil iiight, the 7th instsiit, the house of Rousse ‘VutossT. Esq. of Wimbledon, was broken open. It wA. discovered about half-past ten ectoirk by the servant man, who was going to bed, Ikea hr loui,d Ibis robber concealed in his bed -11111, ;Ilia the servant boldly attacked him, when the ;oldie was knocked out. They had a long "11120• so the dark, but the robber at length sur. cv5 , ...1 In overpowering the art NIA tNealltli 41 4 tot iIIC window be bud entered the house by. " T... rat' John flout, a painter and glazier, was employed to glaze two new shop-windows, miter the id of December. The expense was 351. Gr. 3d. Ills bill for painting was 91. 19s. These were fair charges. tross•Gransined—His repairs were confined to the shop, except one pane of glass which young Watson broke up stairs. Charles .none., a braes-founder, W 49 employed to repair the brew-work which the snob destroyed at AIN Beckwith's shop on the td of December. The stall-board, where the shutters stood, was broken, and part l'af tied away--and some bra. tattier-work in the shop was also destroyed. Ills bill was d. 13s. -- Parker, a gnu-maker, had looked over the list of gulls taken away 31Itt A ftcrwaTds returned in a damaged state. The articles writ originally Mr. GURN ET replied, contending that the inten tion of the moh to demolish the house war clear. from the circumstance of their iviing the arms tiny had taken iu the wink of deitAition. Lord ELLENBOROUGH, ut •ummiug up, ob. servo', that, from the expretsion used by the mob, when their leader was taken, " We will pull down the bl—y home, or we will hove him out !" it svii% evident, that their purpose was, If they could not Teo% tle 1111111, lu dtlll4lllllll it. They 6ut the young .~ 1; i 1 1..31 the twill . - I lie body or toe wan was rourepu in • • e , • .10:1 to die Wurhdionse. %dare ritir file brim( iiisolved is interest was to be paid into Court and not to tl.e George I. for the protection o f i n di vi d ua l s ;hose glass- wi c ase s w w s_ ere an a , l i eo re b ee ro iv lC e e , i i i t i o 6 liie i c s e . s i . d. l i l t e a re i r is air i eu - :: Mr. T. Wood produced a copy of the . record of ni ) stir ) ' the Coroner's burnt will he bald. Defesidapt. Ile could not (Wok that was his property happened to be destroyed by tumultuous the ....._ L or d s hip' s i n te n t i nii, but that it sl Id be paid assemblages of ill-disposed persons. The Learned hour and materials, the indictment against Cushman and others, at the personally to the Defendant. Ilts Lordship would Counsel then proceeded to detail the circunistauces Cross-examined—The glass-cases were fixed in Old Bailey, fur felony. It blew a violent storm during the whole of %Veil- recollect that the Opera Douse was first sold to the which took place in Skinner-street , on the gd of the shop. Th e y were shew.glasses—but whether Cross-erwletned•—the father conducted the ro- I '•'t I-I f r• d much da- nt,. ay iii... ef ell I, We Wil . has CAM Plithillff for 39,000/. and the sale was again re- December, l ul6, as they afterwards were given in such as persona put up , when they entered the seciation—but Mr. Beckwith had nothing to do with image to o u r , hng on the coast. opened at the instigation of the Defendant, and evidelice, and observed, that, in the course of half house, and took away when they removed, he could it. except as a "lineal'. The brig Margaret. with cook from Liverpool that the Plaintiff again 'malaise the purchitfer fur an hour, property to die amount of 1.450/. was not tell. Lord 7 ;.I.I.RNBOROUGH observed. that the io- ta Limerick, was totolly lost near Knape litent.— 70,0001, an d no wince. •Ild when lie said lift nuns. destroyed. The present action wits brought against John limit, a painter and glazier. was employed dieting it person for it particular offence, w h ere us- Crew saved. he m e ant it w o uld have brought a greater ethili Wily two very respectable Magistrates, inhabitants of the to glaze two new shop-windows, after the id of venal crimes were committed, did n o t a l ter the Mr. Ruse, *hose death we announced yesterday, for the condition that die purchase money aims iii lituidrril ill which the outrage complained of was December. The expense wars 35/. Gr. 3d. Ills character of the rest. The complicati on of c ' 5 11 t• liaise of the Yearns (Kincardineshire), 111111 he p a id immediately. It ought also to be recur- perpetrated, and, ifs verdict were returned fur the bill for painting was 9/. 19s. These were fair did not destroy the nature and quality o r eac h. I„ Sas first • Steward, and afterwards a Purser, in the lected, that on that occasion there was a boon : tide Mudd, the damages would be assessed on the charges. a case where felony and murder were perpetrated, t Boyal Nave, We lalkve he wa s a relative of the bidd er , w h o bid on ly 50/. less than the Plaintiff. entire hundred. It was admitted that they were tsp roeransined—His repairs were confined to an indictment for the one could not alter the nature Isle Loud ALtecitinuNT. When the Defendant was promised the inteiest, it inhabitants of the hundred, and liable to this tic- the shop, except one paste of glass which young of the other. On %Vell a ...day i i i t ,:lit, the 7th instant, the house was also considered that he was entitled to Its lion—and dist the Plaintiff had a right to bring it. Watson brok e u p s t a ir s . Mr. GURNEY replied, contending that the Pawn- of H ouser W *LIGHT . FAii. o f W i mbledon, was share of the profits. Ile (the Learned Counsel). All, then, that he (Mr. (ilirsie)) would have to Charles June., a brass-founder. was employed to tion of the mob to demoli s h t h e h ouse was c l ear . brokenopen. i t wA* d i s c ov e red about half-past ten however would not trouble his Lordship then , a he - prove ass. that the mob, to use the language of the repair the brawi-work which the will, destroyed at from the circumstance of their lisiog the anus tin y t etifirk by the ilerviiiit mini, who was going to bed, diet the Derviiilialt was or was not entitled t., l e In the law, had " 'rent demolish the house." To Mr. Beckoith's rho,' on the td of December. The had taken iii the work of d emo l i ti on , alien her initial the robber concealed in his bed- profits. But us to tlw question of interest, it sustain this acti 111 l it was not necessary that they stall-board, where the shutters stood, was broken, Lord ELLENBOROUGH, tit summing up, ob.. Nom, ;ilia the fiefeitUl b o ldl y a tt ac k e d hi m , ',l ie u must be paid at all events. and the Court would slinuld pull the hawse down ;it was sufficient if stud pert carried away--sod some brass lattice-work served, that, from the expression used by the ino t,, ir the i„,,,ii, was k noc k e d out . Th e y h a d a long not allow Ilse l'laiiitill to bold out the bait to the they vo 1111 l leneell the work of devastation, wills that in the shop was also destroyed. Ills hill was '2/. 11.55. when their leader w a s t a k e n, "We with Will down li iii 1121•1, is. t h e dark, b u t th e ro bber at length sun. Defendant', that he would pay I . the intrust. 'Meat. If lie proved thl4, the neat consideration -- P.oktr, a gun-iiiiiker, had looked over the the I,l—y house', o r we w ill have him out!" i t we , er,,.,.1 „, „ usrpowering th e serv ant, and e scaped and when lie demanded it, to turn r 1 and *ay would be the amount sit dialn a geb — and 011 that list of guns token assay and Afterwards returned in evident, that their purpose was, if they cou ld gist sut tit the window be had eutered the house by. t , i him it must be paid into Court. It was itupus• point lie would lay satActory rvidei.ce bale the a damaged state. The isiticlra writ originally rasi,ue him, to demuolish it, They gut the y o u ow NI . t l+ ( , . : - : • . - . ......dF .... •-.. , 4 ~., .....eielli '4 . 44;•iiii.g.. - ' ..... 7.'" I Oa. - --•••••-.. •• - . 1 , _ __---sts'i•sig u s...- : - ._ _ • . . _ . ins.. .....- . , LAW INTELLIGRIVCE. ~ Min... COURT OF CHANCERY, LlscoLiCs TawRaDAT, UNWARY 15. OPERA HOUSE. WATERS t. TAYLOR. Si► SAMUEL I{UMILLY moved that the Plaintiff should Ire directed to pay to the Defendant interest on his proportionate part of the purchase-money of the Opera House, from the month of Decetul►rr 1816, to the month of August last, under the fol lowing circumstances :—lt being found inconve nient iu the year 1814 to proceed with the rale of the Opera House, the Plaintiff was appointed on the 6th of June in that year, the manager, lir limit lug undertakes', for the sum of 29,000/. to produce sixty operas in each season. lie afterwards became the purchaser of the Opera liousr, being the high est bidder, at the sum of 70,0001., and, according to the conditions of rale, paid a deposit of 10 per cent. on that sum. The remainder of the sum to he paid uo the Irt of Di-crusher, 1916, at that time a siegociation took place between the Plaintiff and the Defendant. and atragreement was entered into by them to enlarge the time for paying the purchase money into Court to the month of April following. on condition that the Plaintiff should pay the Defendant interest for his proportionate siosre of the 29,0001. ; however the Plaintiff did not pay it in April, and on the 85th of August lint his Lordship made an order that it should lie forthwith paid into Court ; that order certainly was obeyed by the Plaintiff, but not until he hail at tempted to put up a set off of reverul ruins of motley. which he claimed en a mortgage of the Opera House, as the representative of the lute Mr. Gould. The Master allowed those claim*, but it was ascertained that there ass a 911111 already in Court to liquidate that inortgay. The Learned Counsel observed, that his mot was merely that the Plaintiff should pay the Defendant the interest of his proportionate share of the purchase money. from December, 1816, up to the 28th of August, 1817; and what objection could be made to it he was at a loss to know. Mr. Rouext. followed on the same side, and stated, that since the Plaintiff had paid the pur chase-money into Couit, he had carried charges before the Master, which the Master by his Report had allowed ; but the Defendant had taken excep tions to that Report, and they hail not been yet argued, so the Report wes to be considered at issue. __ Mr. Mite, Counsel for the Plaintiff , contended, that his client ought not to be called on to pay the interest ; but if his Lordship wus of a different opinion, it ought not to lie paid to the Defendant but into Court. where the principal had already been paid. Although the Defendant was entitled to nine-sixteenths of the Opera House, it must he recollected that his proportion was mortgaged, and that he had conducted the Opera (louse for several years, without accounting for its proceeds. That account was now before the Master, and he had not made his Report. He apprehended that the Court never directed purchase-mousy to he paid into Court, without letting the purchaser into pos.. sessiou, which was not the care here. If the De fendant meant to say, that the Plaintiff was to di vide the profits of lust seirsors with him, he could not be entitled to interest from December to April. The LORD CHANCLI.LOR—" What kind of season had they last ?" Mr. Mute said, he lersticul a very good one, and contended that his Lordship could not snake au order for the payment of the interest to the De fendant, without he abandoned his claim to the profits of the last season. The LORD CHANCEI.I.OII" Have you allowed him, Mr. Hart, to snake hes election? Mr. MILL,. the Plaititiff's Solicitor—" The ac count of the proceeds of last season are before the Master, my Lord, and lie has not yet reported." The LORD CHANCELLOR —" Cumgot 3UU tell whether it was a good or a bad season ?" . Mr. MILLS.... 7 e I have no other way of judging of its being a good wasois, except that the linose was extremely crowded every night of peifuriu once." Mr. HART ' , aid, he thought that the Defeo,' ought to take his Lordship's advice, acid in..ke his election whether lie would take the interest or i:is share of the profits. Mr. BARBER followed, and stated, that the Plain tiff had not beau put into possession of the Opera House, as the purchaser, for he was loaded with trustees and a treasurer; and at the tune that the Plaintiff made the agreement with the Defendant to pay him the interest, he was siegociating with other persons for the re-sale of the Opera House; and if he had sold it for au advanced price, the De fendant was to have beets entitled to his moiety of that advance, with interest. The LORD CHANCELLOR —'s Whether that re sale was to take place or not, the Plaintiff w as bound sto pay the Defendant the isitertst of the purchase snooty. which he ought to have paid into Court in December, 1816, up to the August fol low nig." Sir S. HOMELY replied, and said that his Learned Friends seemed to understand that the interest was to he paid into Court mid nut to 11. e Defendant. Ile could not tliiiik that was his Lordship's intenlio is, but that it sl 111 be paid personally to the Defendant. 111,4 Lordship would recollect that the Opera House was first sold to the Plaiiittif for 39,0001. mid the sale was again re opened at the instigation of the Defendant, and that the Plaintiff toga's' hi came the purchaser bir 70,000/. and no more, and when lie said un nnnn he meant it would have brought a greater sum only for the condition that the purchase mitiicy was tee he paid immediately. It ought also to be recol lected, that on that occasion there VMS t &Nall de bidder, who bid only 50/. less than the Plaintiff When the Defentlaut was promised the inteirst, it was also considered that he was entitled to Ins share of the profits. He (the Learned Counsel). however would not trouble his Lordship then, a lie flier the Defendant was or was not entitled to the profits. But us to the question of interest, it must be paid at all events. and the Court would not allow the Plaintiff to bold out the bait to the D e fe n dant, that he would pay I the interest, and when lie demanded it, to turn r I awl say Lint it must be paid into Court. It was iinpus• sible that the Plaintiff could hold this money in his hands, until he tried to establish a &bingeing the Defendant. The LORD CHANCILLOII—" What is the next motion in this cause?" Mr. HART stated, that this was an application on the part of the Plaintiff, that the Registrar might lie directed to pass all order which was made on the motion of the Plaintiff, that lie might be allowed to go before the Master, and for him to re port what sums ought to be allowed to the Plaintiff for erecting dressing-rooms to the Opera House, and making oilier beneficial improvement.. It would he recollected, that the Plaintiff vans ap pointed the Manager of the Opera House, that, in the year 1814. a part or the Opera I loose was pulled down, to make MOM fair she improve ments its Pall-mall. The pert temoved consisted of dres.ing-ro ttttt s, and the Plaintiff was °hinted to build others, or the Irerfortners would have no place to dress themselves in. Tire Defendant °proved its being referred to the Master, on the gro ttttt I that, if they were necessary, the Plaintiff ought to be at the experase of flit iu—lie having undertaken the matiagemeiat, cod to pay all the expenses for 89,000/. the season. The only differ ence between the parties, on this subject. he un derstood, was, that the Defesidaut wished to have the word 6• beneficial." in the order, expunged. he Old it would read •' necessary inipiovements."— Whit he had to ask of his Lordship was, that the order might pass us it now stood, and as drawn up by the Registrar. Sir Sassuu. Romtt.l.y, Counsel fur the Defen dant, said his Learned Friend bad taken it upon himself to argue both sides of the question. He (Sir S. Romilly) knew no such practice as he hail been contending for. Ile however thought lie could skew that it ought not to go before the Master. The Plaintiff undertook to go on with the Opera House for the sum of 39.000/. per year, and for the first year of his management he charged 36,0001. making a demand of 7,000/. for erecting (as lie sad) rooms for dancers to drew. themselves in. If he thought proper to he at this expense, lie ought to pay tar his fancy, as he must abide by his agree ment. If he had a new mot' to snake to his Lordship, he must support it by fresh affidavits. Mr. HART replied, and said, if there was such an order in the Registrar's office as lie had butted, he only asked that it might be passed. The LORD CHANCELLOR—" was the Re gistrar of the day ? Let inquiry be made, and also whether there is such as order in the office, and in form me to-morrow morning. As to the payment of the interest to the Defendant, take it as my de cision, if I do not alter my mind between this and to-morrow morsiing, that it ought lobe paid to him immediately, and that personally. SMITH it the mutter of SMITH, a Liotatie. The LORD CHANCELLOR in this case (which we reported yesterday) directed that the commission of lunacy should he worked in Cardiganshire, as prayed by the wife of the Lunatic, and not in Swansea, as prayed by his mother. VICE-CHANCELLOR'S COURT. Loicoues TRVILIDAIN UK. 15. Sir JOHN LEACH, at eleven o'clock, took his seat on the Bench, for the tint time, as V ti:E-Cnsa- CELLOR, end heard severe) motions, of no interest except to the parties concerned. Mr. BENTON asked his Honour to allow a mo tion to stand over until to-inorrow, on account of the absence of Mr. Agar. who WIV to oppose it. His Honour the VICE..CIIAPICELLO . Ii" There is no man in the profess who 1110 a greater re spect for the Bar thin I have, or would do more to serve or oblige the individuals at it ; but I have an other duty to perform, that is to the public, and the suitors, and I never will grant an indulgence to one suitor at the expense of another. I sit here to day to hear motions, and I will remain as long as there are any before me. There is a paper fixed for to-morrow, I I will not alter it for any other busitieri. I think it a duty I owe myself, as well as the liar, to state thus much." Ills Honour rose at half-pant one o'clock. COURT OF KING'S BENCH, Gump:Litt., JASItiIIY 15. Sittings before Veil' Justice ELLEN soROUGH, and Special hiraes. THE SPA-FIELDS RIOTERS. iECILWITH V. MATTHEW WOOD and ANOTHER. Mr. BOLLAND opened the pleadings. The de claration in this case set forth, that, 1111 the 2d of December, in the 56th year of his slajesty's reign, a number of persons, ewa►uting to more than 12, slid riotously and unlawfully assemble, and did break the walls, floors. windows, and other parts of the Plaintiff's house. to the damage of more than 2,0001. The second count, its addition to this. stated, that the said unlawful assen►blage also broke, demolished, and carried away, a large quantity of tire-arms. T. this the Defendants pleaded, that they were not Inside to snake good the damage. Mr. G RN EY stated. that this action was founded on a statute, passed in the early part of the reign of George I. for the protection of individuals whose property happened to be destroyed by tumultuous assemblages o f ill-disposed person.. The Learned Counsel then proceeded to detail the circumstauces which took 'dace its Skinner-street, on the gd of December, Isl 6, as they afterwards were given in evidence, and observed, that, in the course of half 1111 hour, property to the amount of 1.2501. was destroyed. The present stetson was brought avian two very respectable Magistrates, inhabitants of the hundred in which the outrage complained of was perpetrated, and, ►f a verdict were returned for the Plaseitill, the damages would be assessed on the entire hundred. It was admitted that they were inhabitants of the hundred, and liable to this tic ti 000 —and that the Plaintiff had a right to bring it. All, then, that he (Mr. Gurney) would have to prove was, unit the mob, to use tl►e language of the law, had '' he l per' to demolish the house." Te sustain thus action it was not necessary that they shnuld pull the house down ; it was suff►cient tf they co ttttt tetwerl tlw work of &sedation, with that intent. If lie proved thus, the neat consideration would be the amount of damages-6nel on that point he would lay satisfictory evidet.ce bet re the Jury. The Leathed Cuuusel then proceeded tt► call his witnesses. Edward Hone was foreman to the Plaintiff, in 1816. He lived at 58, Snow-hill, and was st guts maker. On the 2d of December, 1816, oboist one o'clock, he was its the shop, talking to a Gen tleman named Mr. Platt, who brought in some thing to repair. lie and witness could slot agree, and Platt was leaving the shop, whets a young man entered with a pistol in his hand. He stamped his foot, and cried out " Arms ! arms !" Mr. Platt placed a hand on each shoulder of the young 111:111, saying, " My good fellow, consider what you are about !" The pistol was immediately tired by the g matt. and 3lr. Platt was wounded ass the belly. About five or six persons f..110*4-41 Ihr yoking mats into the shut., who theft left it. IV it. 0~41 the dom.—Hod Mr. Plait exelaimed that he was ss , ltd , and called tor a 1.11140 . 1:11. The parish beadle rune in, and gave ilie young itsali its custody to him. Hr was 11ke'll 11/ the • bow lionise, alld afterwards up stain.. Five 4.r six hundred persons. who h a d lire intsply passed Mr. Beek with's house, returned, after the young 111111 was secured, said 'aid, " This is the house—vie'll have hint out." Willit•AS %Vali at the door, and begged of them not to do any damage. They sa n d, We'll have him nut." %Vanes*, for the purpose of getting them away, declared that lie hail escaped down Seecoal-lour —but they did net credit the assertion, and 'till cried " We'll have him out !" A brewer's man, with a brootu-stick its his hand, theta at tempted to break the windows. Witness en treated lain not to hurt Mr. Beckwith's property, sisal again said " that the young titan was gone down Stecoul-lane." The mob retired a little, and a cry of " To Tower-kill" wits raised, its which witness joined, in order to get them away. At this moment. the young man put his head out of the two pair of stairs window. He was isninediatelv seen—aud the devastation then began. The brewer's servant assailed the windows—the frames were broken to piece--aud the guns which were exposed for sheer were dragged oust anal distributed amongst the mob. They entered the shop, and seized the arms there. They then went into the countitsg house, where there were -malty gusts ready fur ex p•irtation, mod these they took. IVitiiess was so frightened, that he left the house, for the puspose of taking a glues, to cheer his spirits. On his re turn. lie found the snob still occupied in the work of destruction. They were throwing pounds of powder, enclosed in tits cases, to each other—bags of shot were 'centred about in all directions— and the cases of daelling-pistols were opened. . I‘ —[liere two accounts. one of arms never re stored, the other of arms returned in a damaged stale, were handed to the witness, who declared the items contented in it to be comer. Indeed some of the articles he conceived to he undercharged.) —lle pan the young mats go out of the shop with the snub. They would hose pulled down the house, he was convinced, if they had not found him. Cross-examine:/ by the COJIMON-SERJEANT. Witness was not an evidence on the trials of the persons indicted for this offence at the Old Bailey— nor was he present at the triulv, lie went before the Grand Jury, sod was examined. He did not know the person of Cashman, who was convicted, and executed before Isis master's door. The young mats took it raise of ditellitig pistols from the count ing-house and loaded them. He remained in the shop several minims with the other rioters. When the people had seized the arias. they went away towards the Tower. He did not know whether the rioters did any mischief in the upper part of Plain titre house. They called out, " Arms ! arms !" wit' they supplied themselves with them. lie did not hear any one say, " Let us pull down the house!" George Weir lived on Snowhill, within two doors of Mr. Beckwith. On the c.trl of December he was in Mr. Beckwith's house. when the people broke the window.. They cried, " Pull down the bl—y house, we'll have him out !" That was repeated by several voices. The attack then commenced in the roost furious manner. They first broke the east and afterwards the west window. A brewer's dray man. armed with a broomstick, began to demolish the windows. The mashes were completely broken— so much so. that one of the rioters got in at the east 'Vhe interior of the shop was entirely de stroytil—but he did 1101 see any of the stone or brick-work damaged. Cross-examined by 211 r. TIND AI. L. Witness gave his testimony at the Old Bailey on the trial of Cashman and tour others, who were indicted for stealing those arms. He was not sure, whether he then stated, that the mob cried out " Let us pull the house down !" hut he was posi tive the exprtssiiisi was used. There were u great many boys as well as men iu the crowd. Both mete and boys were taking out arms—but lie saw 110 boys iie the shop. ll' they merely waisted anus. they could have gut them without breaking the win dows. Witness saw you'l l ; IVatson. Ile was the leader—and lie did mot think they would have touched the house, if lie had not been taken. J. A. Ilaughtim, a carpenter, was employed to repair Plaintiff's huuse, after the 2d December. One of the windows was broke.' to pieces—the other was nearly destroyed. The sashes of the glass-cases were also broken to pieces. Ile repaired the windows—and received 161. Is. Id. for ins la bour and materials. Cross-examined—The glans-cases were fixed in the shop. They were shew-glassei—but whether such as pemini put up, when they entered the house, and took away when they miaowed, he could not tell. worth 57 4 1/. 15..—t 1 .re I.iitv worth otily 265/. 1.. bd.—the ditletettee being 305/ 144. 61. Ile cones ibeti the thins token nwat, and ucttr !toured, to he ellstell at !11 1/. 11}. (*rosy extienirool.—Tlst• article.: miss'nest. apetar ed, is, many iteoatiees, to have hero wed tomtits's the aitsrlost a, f.r 11,e ats.els acre tilted with proti elet of tr,laba. lit till, east 11111 l ed 35 strudel., gulir atoll pistols, aim Is were tla.ssesed, of a tatooth after the riot to , .k place. At a pubst gotta tithe, hr examined :, few more. The mousing alter the disturhauee„ t.f the damaged artiaita its ti'. Berk shop. Thoisa.. Jostui«r, gloom:titer, of Ludgate-hil►. 1•.5.l tookt .1 dt the le.t for 1111111111 carried aw.y. told co . reived the pro e. to lie ttirrr• et. Ile haw urea) ut the d itsesato-41 Kin• Wad Ifibtf.k. Mid they tygrrr►rd to have hero rs•r I with grreit VIIIIIVIOCC. Ti,.. SitiCkd of several of them it re itenticlied, so if by Ow*. Smoot] Nock, N Kute-moker. had alsi. rttosnissril Illy 11-t of guns and wools' taken 1r Mr. Berk oho',, Hod hrlurved iii# 'wires to Ire just% Ild omve the ..Inch appeared as if they had been soied As wessFusis fur locakiog open clouts us svisstlows. This was the case for the Prosecution. The COMM 0 !.I.:RJ E4n T, for the Defendant, argued, that, to Enable the Plaintiff to recover, 4 specific felony, tinder the IPh of Geo. I must be proved to have been (intimated. By that butte r it was a felony for any tumultuous assemblage •• to demolish, or to begin to demolish, any dwelling house." Where such un act was committed, the prti.ou injuredeltarl his remedy by action, against any two of the inhabitants of the hundred—and, if he obtained a verdict, the damages were to be de• frayed by the hundred. Two points were, there fore, to be considered if, this curie-Ist, whether the Manila was entitled to recover at all, a hid, he could not unless a felony was co 11111 l turd under this Act of Parliament, and he would contend, that the damage winch Mr. Beckwith had laa.. tallied by this infamous and treasonable b, did not arise from any offence committed under this statute—for they had with the intention of pulling it down, hut had quite another object in view. The next point, if the Plsiotiff obtained a verdict, wis, what damages ought to be awarded to him ? And he was pre pared to argue, that by far the greater part 4/ f the sum claimed, could not be recovered, inattnuelt as damages could only be given for such articles as were destroyed on the premises, while the work if demolition was going on, mid not for those tent were feloniously (wrier! away. The Learned Gen tleman then contended, that the object of the mob was, not to demolish the house, hut to procure arms ; and that, whatever d ge took place, was effected in the furtherance of that specific of j.•c•, which was a felony of another de-criptioti, and not at all covered by the statute of George 1. hider•' Mr. Beckwith's legal advisers were of opiiiinfr, that this was merely a breaking, entering, owl stealing from a dwelling-house in the day-time— and fur that offence four of the rioters were indict, d and tried at the Old Bailey —of which nu, bef. one (Cashman) was convicted, and was execrated opposite to Mr. Beckwith's door. In the 'feat place, the Learned Gentleman argued, that tit- Plaintiff could not recover either for the attic!. a returned in a damaged state, or for those that were taken away altogether—because it had been d". tided in I cases, that the hundred was only liable for damage proved to have been done in the course of the demolition, and was not accountable for property feloniously carried away, which con stituted a distinct felony in itself. The original purpose here was not to demolish the house, hit to get arms, and afterwards, they applied them selves to the rescue of young Watson, who hail beet, secured for a capital offence—which re►cue was also a felony, under a ',articular statute. Lord ELLENIOROUGH —•• The question ir, what would they have done, if they could not get the young man away ? The second witness stated, that they cried. • Pull down the house, unless he is given up !' They therefore contemplated the Offing of a particular act, unless a certain condinfor was acceded to—and they commenced the execrition f.f that act. It will he for the Jury, if they find fer the Plairitiff, to give the total amount of damage•, and it will he a point for consideration, !terrific', Ihow far the hundred is liable fur the arms carried assay. and not appearing to be destroyed in the course of the demolition." Mr. GURNEY - " It will he seen. that all the arms returned were used fur the..purposes of demo lition. Of those that were never restored, I cannot say what number Mall employed in the seine sway— but I think it leir to argue. that the arms winch never re-appeared, to the amount of gt 11., were taken away for one common purpose, and cannot be distinguished from those that were returned, and bore 01l them the marks of the mariner in which they had beers employed." The tfibINION•SERJEANT tire,. mated, that he would riot loess Isis objections further, as. with Irk Lordship's leave, lie would have au opportunity hereafter, of contending that the hundred was not liable to make good the articles stolen. Ile should now content himself with proving, that the takiog away of the guess and pistols Irmo the Plaintiff '4 house had been made the subject of a prosecution for theft—a dostinct and separate felony. Mr. T. Wood produced a copy of the record o f the indictment against Calituars and others, at the Old Bailey, for felony. Croweramined.—llls father conducted the pro secution—but Mr. Beckwith had nothing to do with It, except as a aline's. Lord 7 '.I.I.IINBOKOUGH observed. that the ill dieting a person fora particular offence. where si - vend crimes were committed. did not alter the character of the rest. The complication of c did riot destroy the nature and quality of each. In a case where felony and murder were perpetrated, au indictment for the one could not alter the nature of the other. X