The British Press; or, Morning Literary Advertiser. — London, England, 1819-10-21 00:00:00

i J 4" TYIEAPRES% DIURY.T.AW S. A new musical drama, entitled, The Fisherman's Iht, was Ifst night performed at this theatre. It has been ostentatiously announced as the produc tion of Mr. Tontw, the author of The itioney Moon, but is unworthy of the genius from which that deservedly-popular comedy emanated. Few of the poetic race have been more unfortunate than Timm With a fine fancy and a highly-cultivated mind, the law was fixed on for his profession. The bosers of the Miser were, however, infinitely more prized by him than the Temple-gardens —and the plays of SHANIPBABB were more sedulously attended to than the Reports of Cooke. 01 the pleading' he might have drawn up, the public are ignorant but two of his plays, The How; Noon and The Curfew, are well known. These . were allowed to slumber en the shelves of Drury-lane, sold the death of the author...an event said to have been hastened by the neglect which his works had experienced—rendered bins alike insensible to censure or to praise. The comedy of The Honey Noon, so strongly attracted the public attention, that Gentlemen connected with different theatrical establishments conceived that it would be a profitable speculation to produce any drama that conl.l boast of Tout N for its author. Hence the farce of The Sehool for Authors (the idea taken from one of MARMONTIte, tales), we, produced at the Hay insrket with indifferent success—• comic opera (the music 1w SHIELD), at Covent-garden, with still less—and lastly, the inimical drama of The Fisher man's list—a structure that cannot possibly last for mote than a few slights. If the three pieces, which we have just mentioned, had never been per. formed, Toms's industry would not, it is true, have been so apparent, but it is equally true, that his fame would not have suffered by the omission. In all advertisement prefixed to the songs of the ' piece last night brought forward, we are in formed, as an apology for certain deviations final the original, " that Mr. T. °BIN'S premature death occasioned the play to be left in a state, if not imperfect. at least nnfitted for repre sentation." It strikes us, that Mr. TOBIN left behind him a sketch, which has not been cle verly filled up. Tne story, though it contains but few incidents, might have been more highly and mote skilfully wrought. There is an abruptness its the transitions by which some of the scer.es are (Its linguishrd, that negatives the presence of a master mind. The serious part of the dialogue, which is couched in blank verve, and contains some beautiful ideas—the amigo, three or four of which are highly portical- - -and a small portion of the jocular divi sion of the drama—we believe to have beets written by Mr. TOBlN—but the remainder appears to us to be the work of an inferior hand. If it be not so, the drama must have been penned by Mr. Toots', at a very early age. The characters were thus cart : -- • . Romeo Dnrazzo Mr. Pasiiv. Stepkano Mr. MUNDZN. PaMaser Niro:OW . Mr. HARLEY. Crier. • Mr. MUGRES. Corniest of Motlona Lath. Mi.. CAREE/. Martha The plot is extremely simple. The Countess of Modena, yousig, rich, and beautiful, ia courted by two noble youths, ,Rosnon and Durazzo. These heroes agree to decide their r respective title to this paragon of excellence, by an appeal to the sword, mod they meet un the sea-shore for the purpose of lighting. The Countess interferes in the midst of the conflict, and the rivals epee to put up their swords, pro vided she will declare to which of them she las given her affections, and bind herself by oath to marry the favoured lover before sun-rise. After some hesitation she gives her hand to Romeo. The breast of Durasito is now filled with the most furious jealousy. He employs two " resolved villains" to carry off the Counters. Superadded to the reward which he proffers, they are to wake booty of the vari. ..us jewels which us °assent the person of the Countess. They succeed is seizing her—hut in placing her is the boat which is to convey her to • secure cavern at the opposite side of the boy, her diamond necklace is loosened, and falls into the sea. It is subsequently hauled up in the net of Nicoliao, so honest fisherman, who presents it for sale to Balthasar, a Jew. The latter is perfectly aware of its valise, but prete nds that it is composed only of rock-crystal, and purchases it for twenty ducats. The Jew, hoarier • proclamation, offering a reward of one thousand ducats, for the discovery of the persons who had been guilty of the abduction of the Countess, fit led to believe, as the lady is stated to have worn a dismoad neck lace whets she was carried off, that Nicolino is privy to the foul deed. Is the hope of gaining the reward, he informs against Nicotine, who is interrogated before the Judge. He 'positively denies any knowledge of the act, and is allowed • - wild the evening to search fur the Countess. Change leads him to the cavern where she is confined. He rescues her from her perilous situation, and is conveying her to his hut, when Durazzo, whom ship is lying in the offing, hinds fur the purpose of carrying bis prey on shore. He discovers the flight alibi. Countess, pursues, overtakes, and brings her bark. A storm now arises, and when he is on the point of placing his prize on board, a thundeibolt strikes the vessel, mid-she is consumed. Foiled in his attempt to bear her front Daly, he retires with her to his castle, as the coast. Rosario discovers his retreat—fires his strong hold—sad re covers the enlistees—at whose intercession be spares the life of his perfidious rival. The union of Roseau and the ontitess follows of course. This is a brief view of the serious portion of the 4lrnme. The comic part is computed of the chaste loves of Leah, • handsome Jewett, and !Vicolino, the tislierman—end the unholy intrigues of Ste. phinta, a reverend Judge, and Balthazar, to pro. cure the favour of Martha, the sister of Mediae.— She tricks them both, and shames Balthazar so snuck, that, to el , cape further exposure. hr con trails to the marriage of his (laughter, Leah, with Nicolino. This drams, though supported by the chief comic strength Of the house, went o ff h em .. It is almost entirely divested of the ex hilarating principles of mirth and humour, and no mane, la:Weyer great (not even that of SUAR. SPEARS liirtivelf) can compensate for much x de ficiency. We marked Borne, lints of animated poetry. and a few good repartees—but the wings of dullness overthadovred the remainder of the die.. Ingsie. The performers meted their beat powsk•rs‘ —Mr. Dowirou appeared as Balthazar—a cha racter which embraces every Vice that prejudice hat attributed to the children of Israel. Such portraits are illiberal an d unjust. Mr. DoWTorr played the part in a richly.humorous style. Stephano. a con. rupt old indge—a second .Angelo—who discovers - -more iwrsuasioa 10 the red and pouting lip of a pretty girl, than in the speeches of twenty pleaders, was escellently supported, particularly. in Isis rourtiag scenes, by Mr. Mu m DUE M r. PirdiAo was lively sod agreeable. The viva* kosane aad Doran°, were respectably stestaiised v by Messrs. riamat.tu and Peet.ve.! Nit's. W. WEST, us the Countess, played her short part with much feeling. Miss cA aew's Leak evinced no inconsiderable degree of waioeti—tto4: the charac ter of Marsha was ;terrorised by Mesh ligu.t, with her accustomed libelii., ~ • - The overture, by Mr. REfirit, jell pleasing Corfl• pasha:on. Of the aim, by the same composer. we cannot speak so fevourehly. A sort of krvoration. , by Mr. DAVY, is pretty. It was neatly executed by MISS POSEY. The new scenery, particularly the view of an Italian bay, is very fine. The name of Toasts disarmed the audience of their auger during the two first acts—but several contests between the contents and non-contents took place ii' the course of the third, and the cur tain fell umiikt a loud uproar, which was redoubled. when Mr. IEI.I.ISTOK came forward to announce the piece for repetition. The following Prologue was delivered, with con siderable effect, by Mr. POPE : Though living merit, welt may critics dread, Yet sure their candour will protect the dead, Aid Envy's self permit the doser to bloom That only sheds its fragrance on the tomb. Such is the lkw'r, that we tranaplant tanight, Nor need we fear from you—a sudden flight; From you, who still impart, with shell', jog care, The fu.t'ring sunshine, and the balmy air. 'Tie yours to make the bud with vigour shoot, To spread the foliage, and to fix the root. And brace use Play, whate'er its worth may be, Whate'er its fate, may urge awe 'Wiring plies. The Bard has long beets deaf to praise sod blainei Hie kindred only can enjoy his fame: That Bard, whose emulative hopes could soar, To write as British Poets wrote of yore, And trace the steps of those gigantic MO, The mighty marten of the music pea, nal-cage and Magmata, aad rare old Bra. Here where the rival Muses wont to reign As if Ohl Drury were their own domain. Here, then, let Genius, from the grave arise, To claim sew laurels, as his rightful prize ; The scenes we now produce, from TOWN,.me, Whose former works mast ratify kis claim. Guard then the relique--to him snenery phew That well-email praise, hr did not live to know; lu Fame's proud Temple place she votive play, His Honey Muds —shall guide you on the way. The epilogue was spoken by Mr. Et.LtsToti. Mrs. EDWIN, and Mrs. ORDER. it ii a mere ad capiandum production—in some parts, we t' k, rather ill-judged. It boasts of the " crops" which the theatre now produces—adverts to the new chandeliers—sneers at the lute Committee of Ma nagement—and introduces Mr. ELLISTON to the audience as 66 lessee, actor, cud factotam !" We subjoin a specimen of the poetry, serious and comic : SONG—Miss CAREW. Sweet are the stolen hours of Love, When sone our transports rail reprove, And lips with trrmbline rapture greet— Oh! then Loves stotrn hour it sweet. Yet, midst the deer delight we sith. For, ,A! bow quirk the MOITICIIIII fly; Est+ other liagerine turns to view, Aud ere we part uft bid adieu! Fur seed, e. SONG-Mr. HASLET. Mort 6sh that inhibit the sea, {Pith ray net I can take now sill then, Yet how touch mate skilful is he, Who can Shrive as a fisher of men; For tbo' some are simple as dace. And Erred! as guilgeous a few, Y.,1 I fan4y that is nut the caw With a lawyer, a maid, or a Jew. Your lawyer, some say, is • abash, Yet he preys bulk by laud aml by wafer, And perkily. 'Mould be Desiree the ma►k, If we dublitl him a black alligator. To catch him, thee, is bat use rule, A ►ocue eau twat tamper big brother, And they telt ate, like Inkra in a pool, Your lawyers will bite one another, In clothing a Jew has no snatch, He•9l slip through your hawds lilts an eel; And amnia are still harder hi catch, When of youth the first bluahes they feel; 8., I with patience an angler must wait, Till older and older they grow, %Then, like trouts. they'll all rise at leis bait, Tho' a feather's the very first throw. COVENT•GARDEN. The play of Lore fur Lore was again performed, at this theatre last &gilt. We have little to notice save the increased effect of the piece, sad of the abilities by which it is sustained. The Gnome King. with its magnifier& scenery. aided by the exquisite singing of bliss M. TREE. and the irre sistible humour of Messrd.FARREN and FAR LEY, passed oft witl► great applause. Miss M. TREE was loudly and justly encored in one of her tongs. The whole went off with much eclat. A person, pretending to he the sister of the Miss PATERSON. who was married to JEROME BONA'. PARTE, having lately. in a letter written from Ant werp, accented M. DE CAZES of having tortured her, and deprived her of her property, the Jounce/ de Paris answers the charge. in an article which states some facts concerning the Lady in question toot hitherto known. She who now declares herself. Days that Paper. the elaiegliter of GEO. WIN. PATERSON, of Baltimore, maintained. for tea years, that she was born at Paris, attd that her lather was Count HERVILLY, who died in England. It has since been proved, that she was horn neither et Paris nit, at Baltimore, hat at Strasburg, on the 17th of May a 1776; that rhe is the daughter of JACQUES OBERST, Captain in the regitnent Itolum-Soubise ; that she was baptised wider the mane of Amelia, and nut of Maria Ursula; and that her mother still lives at Rochelle. upon a pension of 440. francs, which she enjoys on account of the services of her husband. The falsehood Wheels she Ilium !omens respecting het birth ought to 'credit caution its believing her other accounts. Being arrested at Rennes for 'editions expressions, she was tried nt Limoges, and plserp under swereillasiet at Poitiers. Conducted to Sa voy by the measures which the authorities were obliged to take against her, the Sardinian Govern• meta relnsed to receive her. She was then rent to Strasburg, and supported at the expense bides Go vernment by the way. With regard to property% she had none. She subsisted for 15 days on public 01661 It Rennes, when, on her retsina to France, ••fter trowelling in - I'l'lllnd. Ramis. and Germany, she tried to establids•herrelf, in 1514, as • trochee of English. The loseipirt of indigence, and route iositgoifttoot pewee,- were; the ooly book-tortes• or property fogad Co her Mint we** • • . . a ) NtiADICI 7 T :11CIE entiplsiuts haring been made by subscribers and others residing ',ant Newisegtn•.Dutts, of kite vast •em►or of beg. Ran which infest the immediate vicittitynf the Elephant end Carile;.nskinc alma frnm pissencert in the stages, the eon. stables in t! , e of she Sudety ir.l.re ordered In pay im mediate attention to the sold, ct. Tiwy succeeded its appre hending an old and well-known motor, named Daniel Cushon, but nut till he had made a most desperate resist. aver, and almost defied the exrdiso■ of four men to hand cuff him. They lodged his fur security in • neighbour ing cage, but• hod nut Ince left ism before he mode • hold, . though unsucceesfol, attempt to break his way out by wreathing away the iron bars is the chimney. He was eon- Veyed the same evening before Sir John Mohnen, one of the County Magistrates, who committed him till the Sessions. By the exertions of this Society, the once painful nuituswee .o%' street begging lens been reduced in an ;unprecedented slegiee, and requires Ant the assistance of the proper seethe cities and the public to be altogether annihilated. YORK, OCTOBER 18. TO THE EDITOR OF THE BRITISH PRESS. Std-1 was astosisbed to see in The Courier this more- Oat taw meeting in the Castle Yard, consisted of itts eioryban 10,n00 persons. I beg leave, through the ambito' of your valuable Paper, to assert that there was nut lem thin 30,0 1 00 preempt assemble.l in the Yard; and to prove this to you, I beg to say that the ground was pleasured no aer the immediate inspection of one of our City Sheriffs, when it war computed to hold 4h,000 people. and I can bring a hundred witnesses, if necessary, to prove to you that the Yard was not less than three parts filled. Ido Ibis to let the world see tu what vile means Tie Convict is obliged tu resort to screen his employes. Yours very respectfully, R. S. GREAT TWITTING MAME/ FOR TWO lIUNDRED GUINEAS. The bay mare belonging to Captain Hagem, which lately trotted the 15 miles within the boar, was then barked to do eight unites in half an hour, within a month, end yesterday the undertakiag was accomplished, by going the eigbt mile. out on the Cambridge road. The mare carried est. and she did the mites as follows: Miler. NM. See. 1 2 3 MON. MN. See. 6 7 8 4 5 This is the greatest performance ever accomplished since the day. of the Phenomenon and Manchester mares. The mare was distressed iu the last mile, and there was some dispute as to the time, it beiug so close; bat the snare was adjudged to have wow. COUNTRY PAIRS. There was a thin allegiance at Norwich Market on Sa. turilay, and but little hostas= was done. Wheat and Bar ley both declined about Is. per coondr.—There was a good supply of Scots NO hone-bcril Cattle, and no material variation in price. The Sheep-pests were well filled, and good prices were asked fur Lambs. At St. Faith's Fair 011 Monday Isat but little tininess was done. The supply of Butter and Cheese was small ; priers were as follow :—Cheese 71. to 71.71. per wey. Batter 655. to 665. per firkin ; the trade, however, not cos plying with these terms, hut little, if say, was sold. The whew of horses was large. There were but few good one, Ind they met with a ready sale. ('urrrs:R Ocronea Feat.—This fair hos hithe►to been considerably better attended by purchasers, than the last and preceding owe.. Manchester and Scotch goon are rather higher iu price, and in greater demand than they were in July, as are also Sheffield awl ilirmingban annufactores. Inds linens are selling at nearly the same prices as last fair; but woollen.clothes have experietteetalleillinfillimmer. BURY Feta.—The company which enlivetted this fair dining last week, was more numerics than we ever remem ber. A tows of this magnitude was perhaps never graced by a greater assemblage of rank and feshioo, err a more splen. did dimpley of elegance in attire, than the Assemblies, the Concerts, the Theatre, the Ordinaries at the Attn.', mad the Promenades exhibited during Friday and Saturday. The ar rivals were sionewhst later than usual, the first Ball on Wednesday was attended by only 100 persons. The equi paces, however, rolled in on the Iwo followigg days in throngs, and on Friday night the nuprecetleated namber of 553 permits crowded the spacious Assembly Roue, *here, after one country dance, qusilrilles eagrossed the exercise of the evening The whole new Theatre, though calculated to contain double the number of the old owe its the boxes, was, wills the exception of the gallery, and a few rows of the pit left to its usual frequenters, filled at the highest prices. Al Monday Mehl'. Ball the number of 460 maintained that evidence of increased celebrity which Friday night had affordest. Of those who partook of tbr festivities lathe gay seisms. the folluvriug have heru made known to as : The Doke of Grafton, Earl and Countess of Surrey, Ea►l and Countess of Custom; Lord Charles mid Rev. lAird Henry Fitzroy, Ladies Louisa and Isabella Fitzroy, Col. and Lady Fitzroy, Lord Hervey, Lord aad Lady, and Hoit. Miss and two Menus. Rom; Lord told Lady H nntiuzfseld, Lord Bnry, Lady Throekinortun and family, Lord Milaiagton, sad Hon. Mr. and Mimes Cullyer, Mr. aad Lady Catharine Breckoell, Sir George, Latiy, and Mies Jerninzham, Sir Robert and Lady Harland, Sir William Rowley, M.P. Lady, sad three Misses Rowley; Captain Rowley, the Rev. Joshua, Mrs. sad Miss Rowley; Lady Louisa Taylor, Sir C. and Lady Blois, Sir Thomas and Lady Cullum, Sir P. B. V. Broke anti Lady. Sir John, Lady, and Min Tyrell, Sir ileary sad Lady Ban bury, the Hon. Fred. and Mrs. Lumley, Sir W. Parker, Sir Wm. Kemp, Gen. Sir John Riley, Hun. Mr. Towasenal, HOll. Gerard Vatmeek and Lady, Hon. Mr. and Mrs. Irby, Hun. Charles Peire, Hun. &oak. Grenville, A. Areedeekne, Esq. High Sheriff, and Lady, T. S. Guoeb, Esq. fit P. and Mrs. and two Mime* Gooch, Wm. Newtou, Eaq. M. P. Geu. Thomas, Eq. the Hon. sod Rev. Mr. Tberlow, Robt. Gage Bookwood, Esq. John Merest, Eaq. IN. P. mid Mrs. Merest, Adm. and Mrs. Roos, Adm. sad Mrs. Wilson, Gra. Peachy, Major Hardiug, Major Wilson, Mr.Serjeons Frere aad Lady, Mr. sod Mrs. Lee Acta*, Dr. Mrs. sad three Mises Dr.Colvile, Mr. mad Mrs. Tbraepe, three Misses Lloyd, Col. and Mr.. Atieek, Col. and Mrs. Rushbrooke, Col: Mr. and Mrs. Nixon, Mr. and Mrs. Fitzgerald, Mr. Purcell, to gether with the first families of the tows and coon* The young ladies who made their debut at she Bali on Fri• day evening, were Miss Tyrell, Miss Benjafielal, Ni.. Ray, Miss Louisa Ray, Miss Charlotte Gould, and Mies Blachley. We have received Demerara Potters to the 26th of August, from which the following are extract, t " The earthquake on Thursday morning (just before the clock struck two) lasted about thirty secoudss and nos some. what more severe than the one which happeue* to 1917—. No accident however occurred, nor wag a very crest degree of alarm excited. The clout*, indeed, is the uorth-east, from their lurid and add appearauce the evident emigre.. gation of electric vapours, sod She 4peresitre heat of •the weather had already prepare* the ishabitawts Oar a more thair. or dinary coosequeuce from each a caune."—(apppel Vozeffe, August 14.) The Hedges Gazette states She earthquake was felt them at twenty minutes past one o'clock, the duration about 30 memos, and it. source is supposed to he is Caraccoo—i Royal! Gentle, August 914 • A Public Meeting of . the burgesses and other too habitants of the burgh stutioarish of Rutittsgiets has bees called for Saturday item, the 9id Umlaut. to 1 " express their petitituents on , the lute proterellugo rat Mastehesier. int( to bike iytr. their troosideoesiou cite neeettaityofat RadiatUtsforos ladle Cameos HOUK at Patlinineat." LA Tr!_► tw.RIVCF. COURT 01 1 RING'S BENCH, GuamNW.. wssusomr, OCTOSIIIII It This inorqing the Court was crowded at An early hour, in.the expectation of bearing a novel and in teresting case. It was au action brought by Lieu tenant-Colonel Home against Lord Frederick Bentinck. for the injury done to his character by the Report of a Court of Inquiry. of which his Lordahip was President, which Repot charged the Lieutenant-Colonel with not having acted in • particular transaction with that delicaCy and honour which became an officer and gentlemen of his rank mud !notion. At halt-past nine o'clock the Chief J ustice enter ed the Court, si,d at the same moment their Royal Highnesses the Dukes of York sad Gloucester en tered, and took their seats on the Bench near his Lordelsi ip. Sir Hen►y Torrens and several Military cherac• ten; of rank were also present. Mr. ScsaLsrr stated the case to the Jury in an elaborate areech. He stated that lie represented an individual who had, by the Report of a Court of Inquiry, of which the Defendant (Lord F. Ben. tiiick) was President, lost that fortune and coodi. noes is society which he felt himself entitled to hold, from his character and long military ser- vices under the greatest Commander of the we. throughout the Peninsular campaign., and finally at the memorable battle of Waterloo. The Learned Counsel proceeded to state. that Lieu- Home was the son or an eminent Professor in the College of Edinburgh—he had been fifteen years in the military service of his country—and had the honour at the last event ful battle in which he was engaged, of being intrusted with the defence of the celebrated post of Hugnmont. It bad been the misfortune of this Gentleman to have entered into • speculation in the year 1814 with a mining company at Wor cester. Their capital was 18,0001. and he took • 9th share, fur which be paid 2,000/. a sum that was represented to him as necessary to complete the un dertaking. A further sum of 1,1001. wee subse quently demanded for contingencies; but the Plaintiff, upon his return to this country, lifter the battle of Waterloo, heard, for the first time, that the affairs of the missing concern were not going on as he was led to expect, and he naturally felt a desire to extricate himself from the partner ship. He first offered to transfer his share to Isis brother. he then made a variety of efforts to disen gage himself from the connexion in which he found he was involved by every open means that could be resorted to in a partnership concern. hut they were all in vain. • The Plaintiff then drew bills upon his brother on account of the concern, in the hope of being able to get back soma 'part of the capital lie had invested, and to an amount much under what he had actually paid —he did this merely to bring the partners to issue in their pecuniary accounts—shortly after he was *erred with an injunction from the Court of Chan cery, not to draw or accept bills fur the firm. as by a chum in the articles of partnership, that part of the business was to be transacted in another chats isel. The unfortuuate result to the Plaintiff, from these transactions was, that a Military Court of In quiry was held upou his conduct—he was charged with improper conduct in those bill transactions 1w was charged with being placarded in a particular manner, by the partners of the firm, told also with the impropriety of evading et Windsor, where he was with the 3d regiment of Guards, the 'service of the injunction, to whicn allusion had already been made. The Learned Gentlemen then ex plained that when the Plaintiff waa informed by liis servant that some person wished to see him respecting a process of law. he was lying ill upon his couch, and gave directions that the messenger should communicate wills a third per son, who was appointed for the purpose. This act was considered by the Court of Inquiry as an evasion of legal process, and decided upon ac cordingly. The Court of Inquiry had come to a decision unwarranted, as he was instructed by the facts of the case. They had reported in terms, which unjustly reflected upon the Plaintiff's cha racter, and it was to assert that character and recover damages (so far as damages could be • compensation) that the present action was brought by the Plaiutiffsgainst the President of the Court of Inquiry, for the injury which that Report occasion ed. A serious legal question arose from the mere mention of the name of a Court of Inquiry. It was a term unknown in law—Courts Martini were intelligible terms—they formed parts of that parti cular code which was known by the name of the Belligerent Rights of the Sovereign." These rights were known and defined iss a time of war, when they had their utmost extent ; but, N a time of peace, the Mutiny Act, which was masually passed, was the only law that regu lated military proceedings, and that Act made 1,0 allusion to Courts of Inquiry. It was true, that any set of Gentlemen, whether military or civil, 'sight voluntarily meet to make any ingssiry they thought proper—but then. they must take care, at their peril, how they impugn the characters of others without the strongest and the justest cruise. The CUM JVIITICE-.." Must you got prove , malice to a case offing kind, when you impugn the Reportias.whials you allude ?" Mr. ScaaLurre replied, that malice intim be ine ferred from the terms in which that Report was couched; but he was willing that the Jury should judge [rout the whale facts of the case. All his client wanted was a justification ono') the Met4s, and he would therefore proceed and lay than be fore the Court. ' - ----s-fleneral Sir Henry Torreus was then • • tient . , titre* in his fltuation nu Military Seer.. • t•ry. He Wel it wig decided in the INeoe of Governor Masserll, in which his L•artied Friend (Mr. Scarlet!) was engaged. that the instinct a fir documents intrusted to on Officer in the discharge of his official duty, ought not to he produce', It was a case in phich a party, winn prosecuted for an infringement of the regtilations respecting the Shute Trade. • Mr. ScoaLETT, in reply, infilted that the Cafe bore no analogy to this friere original documeuia: partaking of a judicial .character; were called iu the case alluded to, priiate instructions manded. The .ATTORIMIreGESIgitat.. in reply, contended. that on grounds of public policy. documents of this desenption ought 10 be held conOdential auif secret. The CHIEF JUSTICIt admitted the validity of the objection. He said that it was as compe tent for the Crown as for in inditidisal to dige.. gate a particular inquiry to confidential persona. end he nem knew an instant•e in which a Court of Justice admitted the documents of such per. sons to be received as evidence, when any objection was legally made to their production. fie to l d( it fur granted that Sir Henry 'rorresse hail produred the private papers of his office, and that the legal argument arose on their being read. His deci•Pon was that they ought not, and iur the pettPo4e of re serving that point for the better decision of 11:0! twelve Judges. he would reserve it in any manlier which the Learned Conneel for the Plaintiffwialsed. A verdict fo► the Defendant was then 'agreed to; and it was arranged that the legal objection which stopped the case should he reserved for the °linseed of the Judges in the form of a Bill of. Exceptions. Mr. Beckett, the Judge-Advocate. sat neat Mt Solicitor-General while this cause was before the Court. CURIOUS CASE OF TRESPASS. FINCH O. THOMAS. Mr. Gummy stated, that this was an action brought to recover damages from the Defendant for an extraordinary and wanton trespass on the house of the Plaintiff, to the antioptice and disturbance of his servants. which as., as far as came within 11 • knowledge, without defence, justification, or ex cuse. The Learned Counsel the., tixrrated the cif.. cumstances of the case, as set forth in the f..lloaing evidence : John Churchill said he was apprentice to the Plaintiff, Robert Finch, in May and resided at No. 14. Cooper's-row, Corolla!, perish of Sr. - . . °lave's, Aldgote. where his master carried nit the business of a wine-merchant; knows the Defect. dant, Thomas; he lived at No. 13. the 'text house ; Thomas came to his master's house. on the night of Wednesday. the sth of May, et which time witness had gone to bed and fallen asleep; war awakened in the course of the night, by the servant-maid coming and desiring him to get sop witness then heard a loud knocking at the dour ; dressed himself all but his ueckkerd►ie( and stock ings, and went down stairs ; opened the door, and found Thomas there. who walked iii; he then took a chair, placed it at the hack of the door, a n d sat down, saying he would not stir from thence. He called Mr. Finch a base villain, and esked to see him. insisting he was there ; wituesa assured him he was not, and offered him a candle " to look all over the house." Mr. Finch was not in the horse to his (witness'.) knowledge ; had heard 'that he had gone out of town, and helieveil it. Defendant replied. " No, I will not." He then removed the chair from the hack of the door and placed it near the side. and walked up and down through the hall. Witness wean into the counting-house, Defendant followed. and asked him had he any ob , jection to go out for his night cap ? Witness said not, be would readily do any thing in his power to oblige a gentleman. Wen; out to the next house, mid brought the cap and a night-gown ; when he returned the Defendant had put up the chair across the door; lie stretched 161 hand through the opening. took the clothe*, and shut out witness, crying, " Now go to Mr. Parr's." Mr. Parr conducted business for the Plaintiff; and lived at Hoxtots; went to the watchman's best, and stayed there with him two hours, without Isis stockings or cravat; when the watchman went off his beat, knocked at tbe door. and ;Mr. Thomas let him iu immediately. Mr. Thinnas stayed all night ; he asked witness to go to Mr. Parr's before shutting hiM out, but tie de clined, telliug him it would be a very improver thing to call up a whole family at that hour of the night—between eleven and twelve o'clock ; pro. mhsed to go earfg in the morning ; did go for Mr. Parr at five next morning, 'and had I at his master's at seven. After a little etniverestion with him Defendant went away, saying, lie would levy theme similar visit the ensuing night. Witness and the maid were kept up the whole night. Tisoutas had a good comfortable sleep. Cross.e.rgained.—Had been in the service of the Plaintiff from the September . precerhtie; ',hew Thoshav perfectly well ; Mr. Fitch was at:tlastinted with him ; ,slid not know that there . teal .soy mercy betweee them ; Fiech bas been waste a b.itik rapt since that time. It was nu the siet.ti nil that notice to that effect was served at the house by Mr. Chatfield, to whom the Defendaut was Orris. Flitch had a country bout* at Stratford ; Thous.* told him that he had been twice sit Stratford trot day to see him ; believed he also called two or three tioses that day at Cooper's-row to tie* him ; did not recollect being told, by Thomas that Ms., MIL her .us_saus. was its tows. ; Finch had unformed I when he first came, tie mid he would stay, %di Finch came in;, could not tell the time of tisetis exactly then. Mr. Parr *vitt* Finch 'luring obseuce.; Parr dui mot - believes, Finch slept there the r ewes? 'of • , • . • • .... -.-- ~ .., fore the Court. abseuce•• Parr MO um sleep, iiktha house; byheve.l Lieutemiut , General Sir Henry Torreus was then ' Fiuch slept there tee uight.hofige ; could lilt .vir.v , called..ind eoantined as follows: that Finch was not at honse l -iy, thtl . l isept 'of .li s Q. Do you koga the..Plaisti ff in this muse; I .linsoledge ha was pot; hod pot, even , an all, th a mean. do you Awe". his sank ?—A. 1 do; he is a day; .he hod came ~* the uight„i t irTpre, ,*tier the Liesivenant-Colottel in the army, and a Cowan) is witness. was in bed, and oucleriosoo4 lie . . w.eut out the 3d regiment of guards. before be wa s up Cu 4.11. toorgolv „110 out know Q. Have you the original pipers or proceedings positively that,ho beekdo* so., 4744 said l'" 41 of a Court of Inquiry befd upon hint ?—. 1 have. wa s ted to see Pinch *putt theisami igf o'bul uf Q. Produce them, sod state bow you became *twinge that Mrs 051VAR1d ' W*..4. 1 0?0, 41 0. 1 . 4 kir poorrsavd of them ?—A. Here they are; they were, NM I. at his trh“,..l tumigkstira , fir i ! ,( 7 .....- I.brlieve, personally presented by the President to AirisditiTis ;., Wilie!gli It 11411 clinglifill 1. . iNa !ieltO'hPP Itiklloyal Highugo the commauder-io.Cbief, 'from thsi „ Vi got J oe, bill * Ke e ~,,i , t :. "p m ,- wli.i hed mow afSqaali as Military Seerriary• ,Pd.tillt hispect / 14 CPOPi°II t. 7•• ka ' et TiiwArreas as Gsmaitsi. objsciatto their. pro- .1* ,ebik46 c 0,.,4400,,thit..J A . ro St - (iis doetilim,rwr the Kneed that they wovettillogittiorts• 'way.. Witwom thipp.spgis_kthjil, sh: breams* i 'pm% wlties INtly.CrtiNo l .o l 7..i/ 1 ..e f e.." 184 I l i re 44:10441R. 411$04fleniA, kt !at that , .l gr SO