The British Press; or, Morning Literary Advertiser. — London, England, 1819-10-27 00:00:00

THEATRES. DRORY-LANE. Last night the humorous comedy of The Way is Get Married was performed at this theatre, for the find time this season, will' the full strength of the excellent company of comedians which it is so well Nesbit of furilishing. M. 04 KELLY per. formed the part of Julia Faulkner, with great feel ing...4lre. Eogarox's Clement:an Allspice was l iv ely and s t iiiited.---fauay and Ludy Sorrel h o d g ood represeutatives hi Mies Pu t 1 , 1 , 1 p s an d Mrs. lisatows—and A would be to throve into oblivion sill the rare excellencies of some of t h e highest comic powers which have so long delighted us. to refrain hem expressing our appro bation of ELLISTOS'S Tangent. Dowron's Toby Allspice, Alumina's Caustic, POPS'S Captain faulkner, KUSOLLL'S Dothan, and GATYIE'S N.Q u eey. MUSSES, DOWTOII. sod ELLISTON. were admirable in their ierpective !Wis. and pre served the hoincior of the comedy with an effect shich was well seconded by the subordinate clinrac tens i n the piece. The farce of The Prize follow ed, w hi c h was sustained with equal force sod hu mour. The house was very respectably attended ; the pit was filled at an early hour, and several distil). guiehed hishicasbles entirely occupied the dress circle of the bows. COVENT-CAUDEN. The comedy of The Clandestine Marriage Will last night performed and afforded to the lovers huniou „ most p l es siog entertainment. Lod Oglrby is oar of Mr. W. FARREN'S best characters, It improves upon repetition. We think Mr. FAR REX was list night peculiarly felicitous in depicting tic manners and (1 , -scribing the feelings of the vain, hot noble-hearted old beau. Mr. FAwcErr's Sitrlistg was an excellent picture of the retired citizen, mullein to ennoble his family by a marriage with titled poverty. Mr. CONNOR, as Layered!, and Mr. ABBOTT, as Sir John Melville, supported those eheractera very cleverly. The female parts were ably sustained. The vulgar habits and shrewish temper of Mrs. Heidelberg were ren dered very entertaining by Mrs. DAVENPORT —the pert manner and envious dispositimi• of Miss Sterling, were exhibited with uncommon skill by MIL GlBBS—mid the gentle, the affec tionate Falai, found in Miss BRUNTON, • lovely and sissablo representative. _ . ------- . Afire the comedy. DRYDEN'S masque of Arthur mi d bombes was revived. Sixteen years have elapsed 14114't the perfurmaiice of this (llama —and rile pabbc will not have much reason to lament should another sisteen years pass away, ere it is dont brought forward. It is calculated for the closet, not the stage. There are many tine poetical passages in it, but the action, throughout, is dull and lingering. In writing this piece it is pretty evi dent that DRYDEN had SHAKIPEARE'S Tempest in his eye. The Grintbold. Philidel. Merlin, and Em meline, of the one, answer to the CaWean, Ariel. l'rospero, aid Miranda, of the other. DRYDEN. however, great as was his genius, failed in his unite fion_and, we may add, failed inhembly. The plot of the masque of Arthur and Emmeline is b..rren in the extreme. It presents scarcely an in coltut. and not a single situation. Emmeline. the daughter of Conon, is, though blind, beloved by Prince Arthur —sgsinnt whom the SMIIOIIII, headed br Oswald, King of Kent, are waging war. Os scold is also smitten by the charms of Emmeline. To insure success iu love and war, he employs Os mond, n magician, who has bowed beneath his power, Gralubo/d, a mis-shapen and niost mischievous hem!. Arthur also has recourse to necromancy. Ike employs the sage Merlin, whose chief agent. the spirit Phiiifiti, is opposed to Grintbuld. Arthur finally prevails, and Emmeline, restored to sight, becomes she great reward of his high schieveineuts, Such a drama is eminently calculated for the dis play of beautiful scenery, and in this respect, the managers have been libtial, even to profusion. The landscape scenery is varied and beautiful—and iii those scei.es where fancy is allowed to take an unbounded range, much novelty of idea and much brilliancy of execution are observable. Few fancy scene* ran he placed in competition with that which represents " the silver current and the golden bridge." The music, by PURCELL and ARNE. is of the first order. The music of PURCELL. whose genius appears to have delighted in the grand and terrific. iv immediately recognised by its resem blance to the strains with which he has enriched the !raptly of Mucook—otraim* by which alone the, interpolations of D'AvErtaNT are rendered supportable. The various performers last night did ample justice to their different parts. Arthur ai.d Mediu were played with good discretion by Messrs. ABBOTT and EGERTON. Neither r•ha. racte► admits a display ut genius. The decla matory speeches of Oswald were well delivered Icy Mr. CONNos. The fiend Grirnbald was personated by Mr. EMERY. Those who have .seen his performance of Cahbtut, may easily hoe g.ise that DRYDEN'S " delicate monster" was pro perly represented. Miss M. TREE appeared as the slottt Her dress displayed her loan to great advaniage. Her leg and foot are beautifully mortified. She wird and sang charmingly—but. we fear, few of the audience attended to /tor act ing or her singieg. Must of the Gentlemen were occapied in admiring the elegance of her form. and 41 the Lithes were employed in criti ilbing it. alias FOuTL played the part of kmme lape with great feeling. We are happy to learn that the keelmen of Shields returned to their work on Friday last, the terms htriug been swaged between them and their em ployer.. Tbeaadors 011 the Weir also returned to their work last sleek. Lost bight's Gosette contains the following : " Abistieisam,o'rdock in the enemies of the 201hiestant, twe sasett holism wave Aired thinsish the window of the house of Mr. Ednimmt Comma, situate in hirthonru-plare, in the .wu of berth /hields, its the county of Northembrrhied ; sail a pistol WOO &red iss the direction of Mr. Jobs Fenwitles house, in the same place, sod the of Mr. Thomas Frewick's boner adjineioa was broken; sod about oiue o'clock of the seine 'tight, the window of the house of Mr. Gawp Mall, situate is Mortwick-street, ie the same tows was Obi broken ; the said Edward Coppis, Jobs Fen wsck, awl George Mall. Movies respectively served as jurors se ass Wpmt held en the body of a person !bee meanly thedr•—A Mee psalms is *fend in said Glossas se soy ONO Wise male isisrmisliso asleep load se anywise; sad sloe rev gess Ismodroi sad me Modred plans, BOXING AT WA LLINGIIAM COMMON. When eminent turn in any profession come in contact with each other in the exercise of skill, an interest is very na►urally excited, and in sporting events the interest is still greater. from the sun s of money pending upon the event. So it was with the heroes of boxing fame whose exploits we are about to dwell upon, Acheard Turner, 411111 John Marais, the ei-decont baker, who has long since left off selling the sponge, for the more lucra tive joint games of publican and miller. The com batants are the champions of the light weights who have cut any figure to the prise ring lately, and the best men the phenotnenon ever con tended with, but they were obliged tii say " enough" to thut conquering hero. In order to forutat the recollection of our spoitmg renders with that which had occurred, it is siece*sdry to Ittste that Randall was two hours anti twenty-two minutes beating Turner on Crawley Common, on the 6th of December last, unit on the 4th of May follow ing he was fifty minutes only healing Harlin. Be'. sides, Randall has often declared ui public, that Tenter was the best man who had ever stood before him in the ring. Great men in general differ, and Scroggins, who was heat twice by Turner and once by Martin, would rather fight Turner again than Martin, and lie assigns as a rea►on that although Turner is the most diff►cult to be got ut, martin is the heaviest hitter. Turner's weight, when buffed for this combat, WON ,shout 1 ht. and that of Martin shout Ilst. 8 or 10th. Such a combat could not fail to draw together a crowded ring, and before day-break the lads of Site fancy were to motion, consisting of all orders, from his Grace and Lordship to the hos tiers and drill-men, in vehicles of every construc tion. Such a phalanx of talent the Aix. la 4 An pelk Congress itself could not produce. Although the sent of action was sixteen miles from Lon don, 20,000 persons at least surrounded a spacious ring. within which was the roped square of 24 feet, in which, the men contended for 100 guineas a side. The seconds were Cribb and Spring for Martin, and Belcher and Randall for Turner. Betting 13 to 8 on Turner, and it was a gallant fight of 4t rounds in one hour and nine minutes, as follows THE BATTLE. Round I.—After much opening for first hit, Martin let Lame left and right, which Turner broke from. Turner aimed a heavy I.ft handed blow, which missed the head, but Martin 'mil not quick enough at the return with the right hand. Turner made a dexterous parry of s right.handed hit at the head, and placed a blow slightly on the left side of ibe head. In a dose Turner was thrown. There was no barns done, but much mischief was intended, sad the mess were too eager to get to work. 2. Marlin 'hewed first blood by a slight cut on the right peeper in the last ruund. Turner went up to his ail y and commenced a smart rally. The exchange of 'flows were equal, and Turner was thrown, which skewed must strength. 3. At meeting, counter-hits wire exchanged, and wine gallant fighting followed. Martin made a rood blow tell upon his adversary's temple, and Turner's left hand returned it. It was a manly fought round, and Turueralipped detain. The ring resounded with approbation at time fearless con- Inge displayed. 4. At it the meta went again, and Martin in rallying threw away many blows, and the others were moist dexterously parried. In claming Martio's strength made him 11w hest weaver its a chow, and Turner was throw. heavily. 5. Turner made a right handed feint, and lie received • smart hit in the body, with which he rushed forward like a real game t are, and had the hest of • manly rally, and found out the eye again which bad been spilling the claret. He was however again thrown. 6. In the latt ruuud Marlin tapped Turner's blood from the nose, •tad stimulated by ibis success be turned to bravely, but T. broke away after parrying his hits. In • rally Martin received a Leavy right handed blow tau the throat, which he paid on his adversary's body. Both duwn in a close, after a little weaving to blartiu'e advantage. Martin was getting very weak. 7. Turner was lot its the throat, and thrown in • close. 8. Martin was out-fought upon the parrying system, and be went down vet y weak. 9. The men closed without d ' g any mischief again, and Martin was thrown.-4 and S to 1 on Turner. 10. Martin .hewed distress by his round hitting away from distance, and Turner profited by going up to his head and fightiug away must undauntedly. All his blows told Both down; Turner uppermost. The tight seemed nearly settled, but Martin gut round again with second woad shortly after this. 11. Turner upon his mettle stopped Martin's blows, and the last was a right-handed one very short. Turner Aughed, sad said, " IVlsag use is that sort of hitting ?" Martin went down agsisi from weakness. 12. Martin was thrown heavily in • close, without ■ny hitting. 13. Turner seemed to feel the hurt in his knee in train ing. After he had missed a blow which must have terribly told, • rally followed with ail exchange of I blew*. Tarsier was thrown. 14. A rally without mischief, and Martin was thrown with Turner upon him. IS. Martin hit his adversary heavy with the right hand upon the ear, and a gallant rally with equal advantages fol lowed, and Turner, who hail got weak in turn, was thrown. 16. Martin had decidedly the best of this round, and in ral lying he split the bridge of Turner's nose. He had the best of weaning too, and botlm went down, Tallier 411111611111thii. 17. A gallant lighting round in which both did mischief. Martin bit short and received a ekalteriag blow upon the mouth which loosened the leery, and he fell weak sail was hit its going down. 18. Martin hit away from distance again and open-banded, but the right eye well too near the da►hes to assist him in measurement. Turner went in to rally, and turned Martin round like children whirling, and he hit him au accidental blow on the bead in guing down. 19. A close took place, and Martin had the best of hitting WWII grappled, and he threw his adversary a heavy fall. 20. Both hit until exhaused, and when hugging at the rapes they separated and both fell through weakness, too much reduced to hit. 21, 22, and 23, were occupied in closing, for both were too weak to do mischief, and Martin had rather the best of closing and throwing It was considered any body's fight. Some considered Martin's weight wunhl win, aud others that Turner's generalship would bring bins through, a•d he was backed at 2 to I. 1124. Turner placed smother blow on the side of the head, and threw hit man. 25. A rally in Turner's favour, but be was hit in the body in guing down. 26. Both dews, without any material hitting. 27. A smart rallying round as bug as stiength would serve the aro, and Turner was thrown. 28. Both dowu without farther damage. Se. Turner planted two bard blows, and threw his adver sary. 30, and 31. Spent in a close. 34. Is this round Turner showed himself a rare good man sad his gallantry ill distress was never excelled by a Cribb, a Purcell, or a Reynolds. He staege►ed up to his adver sary, bit away, and grappled with him until he got bins under os the grass. 33. Both went down spin without furthe► itqliry. 34. Tune► received a severe hit from Marlin'. Field hand by miming one with his right, but be reeled only, and re fused to go down. 35. Martin received a heavy bit no the ear, from which the dove! abundantly flew, sod be was Meese. To dellow mends esstlere wield be tedlosis tom to the olestesr; it was aM Terser's GOA after thin. He completely doted the right eye in the 38th resod, sad 'he 30th wee the last possible chance Marlin had, when be fought resat courageously, mid T u .anaged to give himself scien. title fall. In she dodo rouniCEwriter 1111 Inc adversary heavily im the head and body, and Marlin stood op till the end of the 42d consul as well as be could, alien Cribb took bits away, and welcomed Turner's ear with "enough!" after most acme puuishmeni, and Terser Is heavily hit also. REMARKS. Turner never sheaved himself • better man, and alihougli, like many a brave Generil, lie has suf fered defeat once, yet he is the second tactician at fighting of 'he day. Although not a %fishing tight, it was moat manfully contested, and it did not de tract from the milling fame of Marini, who is a ve,y brave man, hut an inferior boxes to Turner, who rushed in aitit his left and hitting hand, when Martin was not (wick enough to meet I . Turuer is a most difficult man to get at for a right handed hitter, as die right lout in advance keeps the left side secure. Jos. Hodson, and Sampson, a Hirmingham button. maker, the former a pugilist of fine science asia enemy, who last heat Scroggiu■, and Sampson, an adventurer fur fielding fame, who beat Dolly Smith in his first trial.— There men fought for a purse, and it was vu gallant a fight of (rite a different complexion from the other, that it would he neglectful to omit a brief sketch of it. Owen aud Pur cell refunded Heat on, and Shelton and Harmer secoaded Sampson, who appeared to want some bard food. Hudson, friends were so effiefokut of his prowess, that they hacked him at 2 tend 3 to I. Ii was perhaps the most slaughtering fight of forty minutes that ever was seen, and for years our informant has never area men so miserably punished. Hudson used his left hand wish great dexterity at the head, and executed unmercifully with the right, but Sampson was always wills him, and if be could nut give hit fur bit, he knocked away much of Hudson's science, sisal bled him copiously in return. He would nut be denied until he was hit senseless. It was all slashing hitting with out avoiding, and for activity and game no men could excel them. Hudson at length wens. During this fight such confusion occurred as was never before beheld. The immense multitude chard in upon the inner ring in one mass, aided by plunderers of the must dar ing description, with whom, ■od some of the fighting men, a desperate affray occurred, which ended in wally broken heads. Such disorder was never before seen at • light, and it is to be hoped never will again, or measures must be lAcen of a different kind. It would disgrace a poor of the must savage barbarians. THE LATE DUKE OF RICHMOND. An official dispatch from Charles Cambridge, E►q. addressed to Earl Bathurst, contains the fol• lowing melancholy detail* of particulars attendant upon the death of this lamented Nobleman After mentioning the tour which his Grace bad taken for the purpose of investigating the actual state of the province*, stud other particulars, the latter proceeds thus : w when his Grace parted with his family at Kingston, be proceeded, accompanied by Lieutenant-Colonel Cockbura„ and Major Bowles sad two domestics, to visit the Easters Township, where already the population bad been consider ably benefited by the excellent policy of the atiminishation. On the 23d August the Duke doted with a detachment of officers stationed at Perth, anti it was only on the 2rsth that the first symptoms of that crut I disorder presented them selves, which only three days afterwards terminated in death. Early ou that morning his valet found his Grace alarmed at the appearance of some trees which were arse a window where he slept, and which he insisted were people looking is; and slimily afterwards, when a basin of water was pmented to him, he exhibited evident abhorrence at the sight of it, and on several other occasions on that day, and on the leth, the same symptoms were but too obvious whenever ■ny liquid was presented, and which it now appeared his Grace partook of with extreme reluctance. On ibis day, at dinner, he had requested Lieutenant-Colonel Cockburn to take stme with him, lost hi■ Grace had no sootier lifted the liquid to his lip., than, unable to control the violence of his disease, he replaced the glass on the table, observing— Now is not this excessively ridiculous—well, I'll take it n I don't think of it." The same evening au Assistant- Surgeon, the only one in the vicinity, was sent for, who bled him, sod his Excellency apparently found so much relief from the operal ion, that he arose early the next morning and proposed walking through Richmond Wood, to the stew set 'lenient of that name, which bad recently received its ap pellation from its illustrious Wunder, who was sow about to immortalize it by the catastrophe of his death. He hail, its his poems through the wood, slatted off at hearing a dog bark, and was with difficulty overtakes, and tin the party's arrival at the skirts of the wood, at the sight of some magmata water, his Grace hastily leaped over a fence, mid rushed into an adjoining barn, whither his dismayed companions eazerly follosted him. The pa roxysm of his disorder was now at its height. It was almost a miracle that Isis Grace did not die in the barn He was with difficulty removed to a miserable hovel iu the neighbourhood. and early iu the morning of the fatal 28th the Duke of Richmond expired iu the arms of a faithfu: Swiss, who had never quilted his beloved master for a mi meo.. Whilst in this miserable log hut reason occasionally resumed her empire, and his Grace accordingly availed him self of these lucid intervals to eddiesa a letter to Lady Mary Lennox, in which be reminded her that a favourite dog be. longing to the household, being in a room at the Castle of St. Louis, at • time (five mouths before) when the Duke, shaving, cut his call., the dug was lifted up, in order to lick the wound, when the animal bit his Grace's chin. The recolleciim of Ibis circumstance gave his Grace but too sure a presentiment (the dog having subsequently run mad) of his approaching fate, and his Grace therefore, in his letter to Lady Mary, expressed his conviction (which indeed ap. pears as irreitstible cooc!usion) that his disorder was hydro phobia. His Grace recommended the line of conduct to be observed by his children in the painful situation in which they would be placed at his death; and, it is said, requested to be buried its Quebec oo the ramparts, like a soldier, there to remain. " His Grace's remains arrived in Montreal the night of the 30th Au:ust (the very day on which the levee was to have been held), in a state which I shall not outrage your Lord ship's feelings by detailing ; far less csu I attempt to depict the sensations of the young ladies of his Grace's family, when so unexpectedly the fatal news had reached them on the 30th, at Montreal. a His Grace's sufferings were extreme, yet his mind soared above his agony. He directed ColunelCuckburn riot to at tend to his orders any longer—' Fur yule see, said this great may ' the state I am reduced to' and during a paroxysm of 'lain, he exclaimed—' For shame, Richmond, shame Charles Lennox, bear your sufferings like a maw.' The Duke, the brat man of his rank perhaps who ever died an the Ameri can Continent, will ever be regretted by all.elasees of his Majesty's provincial subjects. The awful termination of his Grace's illustrious career must excite universal sym pathy." A CAUTION TO CRURCHWARDENN.—SeveraI N• crilegious robberies have been committed in Mon mouthshire, by a gang who seem to be directing their course towards the principality. On the I lth or 12th iu.t. at night, the church of St. Arms's, near Chepstow, was broken into, end all the commu nion !date and rirveral bottles of wine stolen. The . Name night the church at Shireoewtoo was rubbed of the pulpit and communion clothe : : the plate. fortunately. was not to the church. It is reported that several other churches in the interior of the county Wee also been plundered. THE LATE STORM. The trees in the Middle Temple have suffered severely by the frost and snow storm of Thursday night. One of the tall trees within the palisado that encloses the jet dews, was broken off about 20 feet from the ground ; another very large tree in the area in the front of the garden, suffered a like disaster. This latter was au old favourite of the Benchers, who bestowed sipais it peculiar care. Some few years ago it was forced by a storm from its perpendicular, and to secure it a strong past was placed ul a plinth, on which it leaned :171 on a crutch ; but on Thursday night its iiiiihingeiitia head, which has long sheltered the waichahrix be neath, was carried away. Bmh there accidents were chiefly occasioned by the immense weight of congealed snow accumulated on the branches. To the EDITOR of The BRITISH PRESS.. Extract from the Log-book of the Illelantho, of London, Captain Eck ly : Thursday. November 26, 181 B—Received a a message from the Governor of Mocha, to ap prise me that a pirate Doti was in the Roads, and had made a piratical attack upon two vessels lying the►ein, and had taken posios.ion of them, and was snaking preparation of putting to sea a ith her two prizes. The Governor recommended me to repair on board immediately, and put the ship in a state of defence, in case of an attack in the night from the pirate. Friday the 27th, at four a. tn. perceived the two vessels, were warping a-head towards her; at five, called the people up to quarters; at 10h.30m. the forts opened their fire upon the pirate, but the shot all fell short. Considering it unsafe to allow him to remain so near us till night, and supposing lie might probably make an attack upon us, was deter mined to make him Shift his birth ; accordingly a shot was fired across his bows, to intimidate him, but it had not the desired effect. At eleven, a. wt. opened our fire, which was also done by the two American ships astern of the Melantho. At 1011. 300. the pirate struck his colours. the boats from toe respective ships hoarded, and took pos session of the pirate, and gave the officers and vessel up to the Governor of Mucha. ru THE EDITOR OP THE BRITISH PRESS. Ilnt.—l base observed iis one of our late Journal', under IM head of the Cheshire Quarter Sessions, held at Ksintsford .. the list instant, • statement that • Ir•e bill has been tweed against sae for a conspiracy, with oilicis unknown, in layiog poison to kill cattle, to the injury of the King's . asheecis. _ _ As this statement may create in the miodv of the public an Rados prejudice against me, I hope ynu will permit me, Hiroogh the medium of your respectable Journal, to request them who are weacqoanitell with my character to suspend their judgment mail the matter is brought bi fore the primer tribonal, If the party with whom this extraordinary indict ment orighunes should think it prudent to prosecute it. I remain, Sir, Your very obedient Servant, Amlffy Howe, IlefkitaLgreen, JOSHUA KING. October VI, 1819. IRELAND. DVIILIIN, OCTORMIL 2L The death of the amiable End deeply regretted Lady Dunatley wail °ccan►oned by brain fever, brought on by au inflammation ►n the throat. ADJOURNED QUARTER ASSEMBLY. A good deal of miscellaneous business was dis cussed, but very little or imporiance finally agreed upon. The following were the subjects of mo►t iuterest Mr. Willis made his promised motion to petition far a repeal of the Union, and to which the Cur p•ration bad been pledged by their recorded vote, but finding the general stow of the assembly against agitating this question in the present un settled and disturbed state of the sister country, he postponed its consideration to the next Quarter As. eembly. As the Assembly were unanimous in their acknowledgments of the distressed state of the Corporation, they petard • Resolution, that no Lord Mayor in future should receive any grant from the Corporation for hie services, until their present financial embarrassments be in some degree removed. They also came to a Resolution, that it was illegal for Alderman Ascher to hold the double Ake of Treasurer and Truster. These weee the most prominent and interesting topics discussed, though it appears all the business before them is not yet disposed of, another adjournment having been thought necessary. KILKENNY THEATRE. Miee O'NsiLL.—This Lady, we are happy to aisooniice, has arrived in this city. She will per form this evening at our Theatre ' in the character of Juliet; on Friday in that of Dade:soma; and no Saturday teeming in the character of We congratulete the public on this splendid addi tion to our theatrical varieties. The presence of Miss O'Neill has given new and general animation to this scene of gaiety. The applications for seats, its every part of the Theatre. are numerous and premium; beyond example.—(Kilketessp Afisktakir nersd.ity.l Miss O'Neill declines going to Cork this season. FASSIONASLI ARISIVALS AT KILSENNY.— Hut. James Butler. M.P.; the Earl of Llandaff, and suite; Sir Wm. Bererford. Bart.; Captain Butler. the Rev. Mr. Torrent. Mr. Byrne, Mr. Backs% Mr. Rump'', &c. &t.. Willis. Glibbest, F.sq. has been sworn in as Provost of so the roum of the Rev.. Doctor Bauman who has resigned that office. in consequence of his appointment to the Deanery of Cork. KiLimuteii-Then has been remarkably good miming lame this meeting, which has been attend ed by his licellast7 the Lord Lieutenant, who honoured the Turf Dub with his conlimiwy at din. set fit two days. LOUd Charles Manners. sad the Field-oaken of his regiment. were present on the occasion. La consequence of hie Excellency's signifying his lutetium of • to the Curregh on Monday Rest. the Tog Chs has given • plate of 200 *pines tis he tee fee se that day, for which these are. 14 hems slang sawed, est a west (mewl me le expected. LI W INTELLIGENCE. COURT OP RING'S BENCH, Srucuct's Dew, TUBSDAT, OCTODE - 11, 26. TOWNSON r. TECILF.Lf.. This woe s case reserved tor the arguing •., termiiiing the question. whether the t renounced his assent I. take oii .e i gn .• jiiiiit executorship sad freehold interest to , devised by a writing executed soder - Ins kind INA seal ; Qr, on the contrary. the devise was to ire me. si.iered'as biuderegoo the devisee, and vesting Stu...l'M Min till lie pheulil mule a Imissi ilipelmitiler of the muse in • Court of itecorth Mr. MANNING, for the Defendant. 'Nord, ilist as it was on r-tanlitiired principle in 6W that si hold Ca iiiiii t N.rs without livery of oasis, or and sr the writing by which 11w party declares' intention could not be considered • relespe. M.' other species of tired, ions:ouch sti it dill not mention any person to whom the liderest was to lie released, nor purport to be executed bete. ern I partway it... freehold which vested by the oprtgllots tit Ihr Oesi•.• Was anti undivested, rod could oot u • of devisee but by disclaimer in a Calla of lleentti. The Learned Counsel quoted 114 support of i.rs Upl• nion Coke wpm Littleton, 150, a. and 41. a. and Shepherd's "I'ourbsione, 1.. 9.59. Mr. Justice Ho Law /D askeil, %holier a fr.:moll ever vest in a nun without his coidietit ? The 11" or g mice of such a principle might be attended with extreme hardship to ass individual. by ribhgitigliim to accept au estate subject to such buidrus as its value was uneqoal to. Mr. MANNING replied that the law protertetl him, by allowing bins to refuse the estate, by mak ing a disclaimer in a Court of Record. The CHIME' JUSTICE ittquried if any mode ctat! , l be pointed out of doing lbw but upon an action brought ? Mr. MANNING said lie was not aware of any. The CHIEF JUSTICE—" Then how is Ile t' make the disclaimer if no one commences 3.: action ?" ...... . Mr. MANNING said it wits not incumbent on l•rit to shear how the disclaimer should be made in v Court of Record ; it was enough that lie shool-1 prove that the thing ought to be dune. He then cited the case 3 East, 410, and several others. Mr. BAILZY addressed the Court fur the Plain tiff. He observed that the Plaintiff had said in ti,* writing before referred to, that " lie disclaimed awl renounced the executorship and all estate and inte rest given him in the will," which lie conceived :to he a sufficient disclaimer of or disagreement to the devise ; he had nut found it laid down that Hui disagreement was exceptionable in any mode hot. by parole, a distinction which had been recogm•eil in Butler and Baker's case, 3 Cuke. hended that a devise could lint be said to bind devisee till after some act done by hint, whicis spewed lie was willing to take under it, and 2 Ventris, 198, Thomson and Leach, in which it hail been laid down that "an assent is ess e ntial tit all conveyances." The CHIEF Jus•etcg—" There is so much good sense, Mr. Bailey, in that doctrine, that we mu•t assent to it, toilers we are t.ild that there is it case wherein it is distinctly and expressly stave.; that nothing will be effectual for the purpose I. *aestion, but a disclaimer in a Court of Recoril." No sucl case having been adduced on the toll/ r side, his Lordship proceeded to pronounce his jut*. ment nearly as follows:—" The law is cell:1;1;1y I not so absurd as to force any mats to take nut estate against his will ; and if au estate be de vised to hint •which he is unwilling to accept, A unduubtedly allows him, in some way or to refuse his acceptance. It is not necessriy to consider whether he might do that by work, because here we have the solemn act of the party, under leis hand and seal, renouncing whole interest intended to be conveyed by OJ! devise. The Gentleman who argued the case f•ir the Defendant hiss not been able to point out any • way in which the disclaimer could be made iu is Court of Record, except by auother's bringing hips into it : but if the law stood so, it would not hal, left him so unprotected. 1, therefore, give my jiiil4 resent for the Plaintiff:" The other Judges expressed their entire concur rence in this decision. Extract from a private letter from Gibraltar " The American Minister at Madrid has nimbi a furor: I dentsad, in the name of his Government, fur the rele.:ee ‘is certain prisoners belonging to the United Stairs, nod e..- fined in Spain; and required that charges be preferred against others, in rrgular form, who bare brag lints tcd in dungeons, without soy pluceediugs heiug instituted against them. These prisoners are chiefly persona who had entered the Insurgent service, and have been captured under that Sag at sea, or wrecker' on the coast of Speie. This is considered as rather a hold step, and indicative of the future policy of the Washington Government. It is Warded ou that memorable Report of the Committee ordered to examine the ease of Mr. Meade, at that time a priewrie in the fortress at Cadiz, when they declared it to be their opinion, a that it is due to the dignity of the Visited Steles, to adopt, as a fundamental rule of its policy, the principle, that every uue of its citizens, to whatever regain& sof the ea, th hie lawful business may carry him, and she, demeans him pelf as becomes his character, is entitle.' to the prink cliesucof hie Government; and whatever intentioual injury may be done him, should lie retaliated by the einploymeirt, it ac ceesary, of the whole force of the nation.' I forgot to mention to you that Lord C—y, of— memory, who lose fur moue time bees. absent from England, and resided a lung while near New Toth, war purser of :as Buenos Ayres privateer, called the Constitution, lately lost uff Tarifa, sad with the crew is at the prevent moment con timed in the Castle of St. Sebastian', at Cadiz. I have sv•it a letter from him, announciog himself as the individual, awl ibis is supported by the testimony of all his fellow-lattice's, and others who know him personally. Mr. 1.)-- has 01.11 over to visit his Lordship." Carlisle Castle is now undergoing very important alterations, additions, arid improvements, in order to make it the principal military depot kr the No►tw. A considerable number of infantry will be perma nently quartered within the Castle, the ca tttttt ;I be mounted, and the principal defences strengthened. We rejoice at this, for ►o veneraWe end useful a fabric should not be permitted to crumble beneath the tooth of time with utditFe rence.--/Ce►lirk Patriot.) On Friday night, as one of the heavy Dover coaches was going down Gravel-hill, the skid, had been applied to the wheel, flew off, and itor coach was overturned. ROBIRT CARDER, t':e guard, was so much hurt that no hope is tait.t. mined of his recovery. Among the pawner' wits Admiral Sir ROBERT FARROW, who. with the rest, escaped without any material nijury. 17